HomeMy WebLinkAboutORD NO 4346
ORDINANCE NO.
4346
AN ORDINANCE AMENDING SECTIONS
8.80.060, 8.80.080, 8.80.090, 8.80.100,
8.80.110, AND DELETING SECTION
8.80.120, OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
NUISANCE ABATEMENT.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 8.80.060 is hereby amended to read as follows:
8.80.060 Notice(s) of violation and correction orders-Informal administrative
remedy.
A. Notice of Violation. Where a code enforcement officer determines that
informal resolution of a violation or purported violation of the Bakersfield Municipal Code
is appropriate, the code enforcement officer shall notify the property owner that a public
nuisance is alleged to exist upon the owner's property.
Such notice shall require the property owner to respond to the allegation within
seven days of the date of the notice. Should the property owner fail to respond to such
notice, the code enforcement officer shall notify the property owner that an inspection
will be made to verify the alleged code violation. Such notice shall inform the property
owner that if a violation of the Bakersfield Municipal Code is confirmed to exist, the cost
of inspection shall be charged to the property or made a lien on the property in addition
to other costs necessary to abate the public nuisance as provided in this chapter.
B. Correction Order. Where a code enforcement officer issues a correction
order pursuant to the Uniform Housing Code, the California Building Code, the
California Electrical Code, California Plumbing Code and/or California Mechanical
Code, the property owner shall correct the violation in a manner set forth in the order
within a reasonable time to be determined by the code enforcement officer. The order
shall notify the property owner that if, upon reinspection, the violation continues to exist,
the cost to reinspect said violation, in addition to any further reinspection costs shall be
charged to the property owner or made a lien on the property in addition to other costs
necessary to abate the public nuisance as provided in this chapter.
C. Substantial Endangerment to Health and Safety of Occupants or Public.
Should a code enforcement officer determine that a violation of any of the provisions set
forth in subsection A. and/or B. above are so extensive and of such a nature that the
health and safety of the occupants or the public is substantially endangered, a notice or
order to repair may be issued. The notice or order shall provide for a reasonable time
period to repair the violation not to exceed seven days. Should the owner fail to repair
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within the time stated in the notice or order, the City may seek all remedies provided for
by law including those set forth in Health and Safety Code Section 17980.7 and may,
thereafter, order the property to be vacated, secured and maintained against entry.
D. Imminent Threat to Health and Safety of Residents or Public. If the Code
Enforcement Officer determines that a building or structure is in such condition as to
make it immediately dangerous to the life, limb, property or safety of the occupants or
the public, it shall be ordered to be vacated, secured and maintained against entry.
E. Posting of Property Ordered to Be Vacated. Every property ordered to be
vacated shall be posted at or upon each exit of the building and shall be substantially in
the following form:
DO NOT ENTER
UNSAFE TO OCCUpy
It is a misdemeanor to occupy this building or to
remove or deface this notice.
CITY OF BAKERSFIELD
CODE ENFORCEMENT DIVISION
F. Compliance with Order to Vacate. Where a property has been posted and
ordered to be vacated as set forth in this section, notice of such vacation shall be
provided to the property owner. No person shall remain in or enter any building which
has been posted, except that entry may be made to repair, demolish or remove such
building where any required permit to do so has been acquired. No person shall remove
or deface any such notice after it is posted until the required repairs, demolition or
removal have been completed and a certificate of occupancy issued. Any person
violating this subsection shall be guilty of a misdemeanor.
SECTION 2.
Section 8.80.080 is hereby amended to read as follows:
8.80.080 Notice to abate nuisance and order to show cause-Violations of the
California Building Code, California Plumbing Code, California Electrical Code
and/or the California Mechanical Code-Formal administrative remedy.
A. In addition to other remedies provided for by law, where violation(s) of the
California Building Code, California Plumbing Code, California Electrical Code and/or
the California Mechanical Code cannot be resolved through the informal remedies
provided for in this chapter, or when a code enforcement officer determines that a
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violation of said codes poses a serious threat to the general health, safety or welfare of
the citizens of the City, or is otherwise not subject to resolution through the informal
remedies set forth in this chapter, the code enforcement officer shall provide notice of
the violation requiring its abatement as provided in this section.
B. The code enforcement officer shall cause to be mailed, with proof of
service, a copy of the notice to abate public nuisance and order to show cause to the
owner of real property on which a nuisance exists. Such notice shall provide the date
and time fixed for the hearing regarding the nuisance and shall also be provided to
tenants of residential buildings where the violation affects the health and safety of the
occupants and which violates Section 1941.1 of the California Civil Code.
C. If the name and address of such owner does not appear on the
assessment roll or is not otherwise known a copy of such notice shall be conspicuously
posted on the property affected.
D. The notices so posted shall be substantially the same as the notices
mailed.
E. The mailing or posting of all of the notices shall be completed at least ten
days before the time fixed for the hearing.
F. The failure of any property owner to receive such notice shall not deprive
the City of jurisdiction to proceed or affect in any manner the validity of the proceedings
taken or to be taken or of any assessment or personal obligation levied under this
chapter.
SECTION 3.
Section 8.80.090 is hereby amended to read as follows:
8.80.090 - Notice to abate nuisance and order to show cause - Violations of the
Uniform Housing Code and/or Uniform Code for the Abatement of Dangerous
Buildings - Formal administrative remedy.
A. In addition to other remedies provided for by law, where violation(s) of the
Uniform Housing Code and/or Uniforrn Code for the Abatement of Dangerous Buildings
cannot be resolved through the informal remedies provided for in this chapter, or when
a code enforcement officer determines that a violation of said codes poses a serious
threat to the general health, safety or welfare of the citizens of the City, or is otherwise
not subject to resolution through the informal remedies set forth in this chapter, the code
enforcement officer shall provide notice of the violation requiring its abaternent as
provided in this section. Such notice shall also be provided to tenants of residential
buildings where the violation affects the health and safety of the occupants and which
violates Section 1941.1 of the California Civil Code.
B. The code enforcement officer shall cause to be mailed by registered or
certified mail, postage prepaid, return receipt requested, with proof of service, a copy of
the notice to abate public nuisance to the owner of real property on which the nuisance
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exists and in cases of violation(s) of the Uniform Code for the Abatement of Dangerous
Buildings any rnortgagee or beneficiary under any deed of trust of record, ordering that
the building be vacated and stating that proceedings to correct the violation by
demolition, closing or repair, at the option of the owner, shall cornmence within ten days
of the notice. If, in the opinion of the code enforcernent officer, the building can be
repaired, the notice shall state the required repairs. A copy of the notice shall also be
conspicuously posted on the building containing the alleged violation(s). The notice
shall provide the date and time fixed for the hearing regarding the nuisance.
C. The mailing and posting of all of the notices shall be completed at least
ten days before the time fixed for the hearing.
D. In cases involving alleged violation(s) of the Uniform Housing Code, upon
issuance of the notice of hearing, the building official, depending on the severity of the
violation(s), may file in the office of the county recorder a certificate describing the
property and certifying: (i) that the building is an alleged substandard building and that
(ii) the owner has been so notified. Whenever the corrections ordered shall thereafter
have been completed, or the building has been demolished so that it no longer exists as
a substandard building on the property described in the certificate, or as a result of the
hearing and/or appeals process it is found that the building is not in violation(s) of the
Uniform Housing Code, the building official shall file a new certificate with the county
recorder certifying that the building has been demolished or repaired so that all required
corrections have been made so that the building is no longer substandard or that the
building was found not to be substandard, whichever is appropriate.
E. In cases involving alleged violation(s) of the Uniform Code for the
Abatement of Dangerous Buildings, upon issuance of the notice of hearing, the building
official shall file in the office of the county recorder a certificate describing the property
and certifying: (i) that the building is an alleged dangerous building and that (ii) the
owner has been so notified. Whenever the corrections ordered shall thereafter have
been completed, or the building has been demolished so that it no longer exists as a
dangerous building on the property described in the certificate, or as a result of the
hearing and/or appeals process it is found that the building is not in violation(s) of the
Uniform Code for the Abatement of Dangerous Buildings, the building official shall file a
new certificate with the county recorder certifying that the building has been demolished
or all required corrections have been made so that the building is no longer dangerous
or that the building was found not to be dangerous, whichever is appropriate.
F. The failure of any property owner or mortgagee or beneficiary of deed of
trust of record, to receive notice shall not deprive the City of jurisdiction to proceed or
affect in any manner the validity of the proceedings taken or to be taken or of any
assessment or personal obligation levied under this chapter.
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SECTION 4.
Section 8.80.100 is hereby amended to read as follows:
8.80.100 Hearing.
A. Where a notice to abate nuisance and order to show cause has been
issued under this chapter, the department head/director designated by the City Manager
shall hold a hearing at the time and place designated in the notice to abate and shall
receive all evidence presented on the issue of the need and necessity to abate any and
all nuisances for which notice was given.
B. The department head/director shall act in the capacity of administrative
hearing officer(s) ("hearing officer(s)" hereafter) and shall have the authority to receive
all relevant evidence, swear witnesses, question witnesses, demand the production of
documents and witnesses, and otherwise do all things necessary and proper to reach
an informed decision upon the existence of a nuisance or nuisances and the necessity
to abate such. All testimony shall be taken under oath or affirmation or by sworn
affidavit or declaration executed under penalty of perjury. The hearing officer(s) may
consider all other issues relevant and reasonably necessary to reach the ultimate issues
of the existence of a nuisance and the necessity to abate.
C. The burden shall be upon the City of Bakersfield to show the existence of
any and all nuisances as noticed, and the necessity to abate such, by a preponderance
of the evidence presented at the hearing. Only relevant evidence properly produced at
the hearing may be considered by the hearing officer(s) in reaching a decision.
D. The hearing officer(s) shall cause the hearing to be tape recorded.
Transcripts may be created at the expense of the person requesting the transcript.
SECTION 5.
Section 8.80.110 is hereby amended to read as follows:
8.80.110 Order after hearing.
A. After the conclusion of the hearing, the hearing officer(s) shall render a
decision within five working days on the existence of a nuisance and the necessity to
abate. If said nuisance is not found to exist, or if the necessity to abate is not found to
exist, the hearing officer(s) shall so notify all persons in writing who originally received
notice; or, if said nuisance is found to exist and if the necessity to abate is also found,
shall issue a written notice and order directing the nuisance to be abated and shall
cause such notice and order to be mailed to all persons originally receiving notice or
shall cause such notice and order to be posted as set forth in this chapter.
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B. Except as provided in this section after a decision by the hearing
officer(s), any person subject to an order to abate a nuisance may appeal the decision
of the hearing officer to the City Manager of the City of Bakersfield by filing a written
request to appeal with the City Clerk within ten days, or in cases of violations of the
Uniform Housing Code within thirty days, from the date appearing on the notice and
order to abate. Said request for appeal must be received by the City Clerk by 5:00 p.m.
on the respective deadlines appearing on said notice and order, and the cost of appeal
must be paid at the time the request for appeal is filed. If no appeal is filed, except as
provided in subsection (E) of this section, the City shall be deemed to have acquired
jurisdiction to abate the nuisance or have the same done under its direction and
supervision.
C. Any owner or other interested person having any objections, or feeling
aggrieved at any proceedings taken by the hearing officer(s) in ordering abatement of
nuisances under the Uniform Code for the Abatement of Dangerous Buildings, may
appeal the decision of the hearing officer to the Board of Building Appeals of the City of
Bakersfield by filing a written request to appeal with the City Clerk within thirty days from
the date appearing on the notice and order to abate. Said request for appeal must be
received by the City Clerk by 5:00 p.rn. on the thirtieth day from the date appearing on
said notice and order, and the cost of appeal must be paid at the time the request for
appeal is filed.
D. Any order issued for the abaternent of nuisances under the Uniform
Housing Code and/or the Uniform Code for the Abatement of Dangerous Buildings,
shall state that the owner of the substandard or dangerous building may abate the
nuisance within thirty days from the posting on the premises of a copy of the order of
the hearing officer(s) declaring the property a nuisance. The order shall also be mailed
to the property owner and in cases of violation(s) of the Uniforrn Code for the
Abatement of Dangerous Buildings each rnortgagee or beneficiary under any deed of
trust, certified rnail, postage prepaid, return receipt requested, with proof of service.
E. Thirty days after the posting of the copies of the order declaring any
building a nuisance under the Uniform Housing Code and/or the Uniform Code for the
Abatement of Dangerous Building, and if no appeal has been timely filed or after an
appeal has been timely filed but denied, the City shall be deemed to have acquired
jurisdiction to abate such nuisance by repairing, securing against entry, razing or
rernoving the building, unless the nuisance is abated by the owner or other person
interested within the thirty day period or any extension thereof as may be granted by the
hearing officer(s). In the event that the nuisance is not abated within the time
prescribed, the City may raze and/or remove the building or have the same done under
its direction and supervision.
SECTION 6.
Section 8.80.120 is hereby deleted in its entirety:
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SECTION 7.
This Ordinance shall be posted in accordance with the provIsions of the
Bakersfield Municipal Code and shall becorne effective thirty (30) days from and after
the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted b~
the Council of the City of Bakersfield at a regular meeting thereof held on .IUN 2 1 20,6
by the following vote:
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N'O-ËS:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON. BENHAM, MAGGARD. COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER _____
COUNCILMEMBER ____
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CITY CLERK and EX OFFICIO of
Council of the City of Bakersfield
APPROVED:
JUN 2 1 2006
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
By:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
¡JANICE SCANLAN
Assistant City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 22nd day of June ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4346 passed by the
Bakersfield City Council at a rneeting held on the 21st day of June, 2006 and
entitled:
ORDINANCE AMENDING SECTIONS 8.80.060, 8.80.080, 8.80.090,
8.80.100, 8.80.110, AND DELETING SECTION 8.80.120 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
NUISANCE ABATEMENT
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEP City rk
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