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HomeMy WebLinkAboutORD NO 2717ORDINANCE NO. 2717 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 17.42 OF THE BAKERSFIELD MUNICIPAL CODE BY AMENDING SECTIONS 17.42.050A, B AND C AND 17.42.060E AND ADDING SECTION 17.42.044 RELATIVE TO FP-P FLOODPLAIN PRIMARY ZONE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 17.42.050A, B and C of the Bakersfield Municipal Code are hereby amended to read as follows: 17.42.050 Revocation of Permit. A. Pursuant to the pro- visions of this Section, the Building Director and the Water Manager, both referred to hereinafter as the "Director" for purposes of this Section, may revoke permits issued by them respectively under Sections 17.42.040 and 17.42.044 on the following grounds: Failure of the holder of the permit to conform to any conditions set forth in Section 17.42.040 or 17.42.044 within thirty (30) days after mailing of notice of such failure by the Director, or within reasonable time specified by the Director if the failure to conform cannot be corrected within the said thirty (30) days. B. No such permit shall be revoked until a hearing is held by the Director or his designated representative. Written notice of the time and place of the hearing shall be mailed to the holder of the permit, certified mail, postage prepaid, at least ten (10) days before the date set for the hearing. The notice shall set forth a summary of the ground advanced as the basis for the revocation of the pe~it. C. At the hearing, the holder of the permit or his authorized representative shall be given an opportunity to confront and examine any adverse witnesses and to present evidence on his own behalf. After the hearing, the Director or his designated repre- sentative shall either dismiss the complaint or revoke the permit. The Director shall mail notice in writing of his decision to the permit holder within ten (10) days after having made his decision. Section hereby amended to SECTION 2. 17.42.060E of the Bakersfield read as follows: Municipal Code is 17.42.060 E. Excavation and removal of rock, sand, materials in a volume of five thousand (5,000) more per year. Uses Permitted Subject to Conditional Use Permit. gravel and other cubic yards or the Bakersfield 17.42.044 Excavation of provided such cubic yards per year. SECTION 3. Section 17.42.044 is hereby added to Chapter 17.42 of Municipal Code to read as follows: Uses Permitted Subject to Water Manager Permit. and removal of rock, river gravel and other materials, excavation does not exceed five thousand 5,000) SECTION 4. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 31st day of March , 1982, by the following vote: Council of the City of Bakersfield APPRO D this 31st day of March R~A~ the C~~sfield , 1982 APPROVED as to form: CITY ATTORNEY of the 'City of Bakersfield AJS:mm 3. Aff av t of Iosttng Or tnau es STATE OF CALIFORNIA, ~ County of Kern ~ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that o~ ............................A...I..}._r...~...1.._....2..: ......................................................................, 19...8....2..... he posted on the Bulletin Beard at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ...............~!..~t_..r....c....h.......3....1...~ ..................................................19....~-.2..., which ordinance was numbered-..._..._~.7.~.~ ..........................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Chapter 17.42 of the Bakersfield Municipal Code by amending Section 17.42.050A, B and C and 17.42.060E and adding Section 17.42.050A, B and C and 17.42.060E and adding Section 17.42.044 relative to FP-P Floodplain Primary Zone. Subscribed and sworn to before me this _..~.~..~ .....day of ...... Ap.~.i! ..............................,19~... ·