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HomeMy WebLinkAboutORD NO 2603ORDINANCE NO. 2603 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.84 OF THE BAKERSFIELD MUNICIPAL CODE DECLARING TREES OR SHRUBS GROWING IN THE CITY OF BAKERSFIELD WHICH ARE INFESTED OR INFECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRIMMING OR OTHERWISE TREATING SUCH TREES OR SHRUBS. BE as follows: IT ORDAINED by the Council of the City of Bakersfield Chapter 8.84 to read as follows: SECTION 1. of the Bakersfield Municipal Code is amended Chapter 8.84 INSECT PESTS IN TREES AND SHRUBS Sections: 8.84.010 8.84.020 8.84.030 8.84.040 8.84.050 8.84.060 8.84.070 8.84.080 8.84.090 8.84.100 8.84.110 8.84.120 8.84.130 8.84.140 8.84.150 Infested Trees a Nuisance. Duty of Property Owners to Abate. Trees on Boundary Line. Method of Extermination. Notice to Exterminate. Form of Notice. Notices to be Mailed or Posted. Affidavit of Giving Notice. Resolution Ordering the Work. Abatement by Owner. Report and Assessment List. Notice of Filing Report and Assessment List. Hearing and Confirmation. Payments to Finance Director. Collection of Assessments as Taxes. 8.84.010 Infested Trees a Nuisance. All trees or shrubs growing in the City of Bakersfield which are infested or infected with parasites or insect pests and which, unless exterminated, may spread to, and injure or destroy, the trees and shrubs of an entire community or neighborhood, are hereby declared to be a public nuisance, which nuisance shall be abated as herein provided. 8.84.020 Duty of Property Owners to Abate. It shall be the duty of each and every owner of real property upon which such a nuisance exists, to abate or cause the same to be abated without delay, by the extermination of such parasites or insect pests from all such infected trees or shrubs growing on his said property. 8.84.030 Trees on Boundary Line. The duty of abating such public nuisances and exterminating such parasites and insect pests infecting trees or shrubs on or near the boundary line of adjoining private properties shall be upon the respective owners of such trees or shrubs, as such ownership is determined by Sections 833 and 834 of the Civil Code of the State of California. 8.84.040 Method of Extermination. Such nuisances shall be abated by spraying, safely and in conformance with all applicable laws and regulations, the infected trees or shrubs with an insecti- cide or fungicide, or otherwise treating them, as the particular case may require, so as to completely exterminate such parasites or insect pests from the trees or shrubs affected; provided, when- ever any tree or shrub is found to be in such a condition from the infection of parasites or insect pests that, in the opinion of the Public Works Director or his authorized representative (herein- after in this chapter referred to as the "Director") it is impossible to save it, the owner of the land on which such tree or shrub is growing shall completely destroy the same by removing. 8.84.050 Notice to Exterminate. Whenever the Director shall find any trees or shrubs growing upon private property which are so infected or infested with parasites or insect pests that, unless they are exterminated, they may spread to and injure or destroy other trees or shrubs in the neighborhood, he shall give notice to the owner that unless such nuisance is abated without delay by the extermination of such parasites or insect pests, the work of exterminating them will be done or arranged for by city authorities, and the expense thereof assessed upon the lots and lands from which such parasites or insect pests are exterminated. 8.84.060 Form of Notice. Said notice shall be substantially in the following form: NOTICE TO DESTROY TREE PESTS NOTICE IS HEREBY GIVEN, pursuant to the provisions of Chapter 8.84 of the Bakersfield Municipal Code, that certain trees and shrubs on property assessed to you in the City of Bakersfield are infested or infected with parasites or insect pests which should be exterminated by spraying them or by trimming said trees and shrubs, or otherwise exterminating said parasites or insect pests as directed by the Public Works Director, other- wise said parasites or pests may spread to, and injure or destroy other trees or shrubs in the neighborhood, and that such condition constitutes a public nuisance. YOU ARE HEREBY NOTIFIED to exterminate said parasites or insect pests within seven (7) days from the date of this notice. If not abated within such time, the City of Bakersfield will abate such public nuisance or cause the same to be abated, in which case the expense thereof will be assessed upon your property and will constitute a tax lien thereon as provided in Chapter 8.84 of the Bakersfield Municipal Code and will be collected on the tax roll upon which property taxes are collected. YOU ARE FURTHER NOTIFIED to appear before the City Council of the City of Bakersfield at its meet- ing on the __ day of , 1980, at 8 P. Mo in the Council Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in said ordinance. Dated: , 19 Public Works Director of the City of Bakersfield 8.84.070 Notices to be Mailed or Posted. The Director shall mail a copy of said notice with all blanks properly filled, to each and every owner of real property on which such a nuisance exists, whose name and address appears on the last equalized county assessment roll, or as known to the Director, mailing said notice to the addresses there given or as otherwise known to him. If the name and address of such owner does not appear on said assessment roll, or is not otherwise known to the Director he shall cause a copy of said notice to be conspicuously posted on the property affected. The notices so posted shall be substantially the same as the foregoing notices. The mailing or posting of all said notices shall be done and completed at least ten days before the time fixed for said hearing. The failure of any property owner to receive such notice shall not deprive the City Council of juris- diction to proceed, or affect in any manner the validity of any of the proceedings taken or to be taken, or of any assessment levied hereunder. 8.84.080 Affidavit of Giving Notice. Upon giving notice as aforesaid, the Director shall make and file with the City Clerk his affidavit, stating in general terms the existence of said nuisance, and stating that in each and every case the owner of real property having trees or shrubs thereon, infected with parasites or insect pests, was notified either by mailing or posting said notices as required by this chapter. A copy of the form of notice so mailed o or posted shall be annexed to said affidavit, together with a list of all properties on which such infested trees or shrubs have been declared to be a nuisance. 8.84.090 Resolution Ordering the Work. The Director shall attend the meeting of the City Council next following the filing of said affidavit, and report on any other matters desired by the City Council concerning said nuisances. Thereupon, if satisfied that said nuisances exist, the City Council shall by resolution find said nuisances to exist and order the Director to proceed with the work of abating said nuisances pursuant to the provisions of this chapter. 8.84.100 Abatement by Owner. Any owner of real property on which any trees or shrubs are infected or infested may cause said parasites or insect pests to be exterminated; provided that in all such cases the work shall be done to the satisfaction of the Director, shall be done safely and in conformance with all applicable laws and ~egulations, and is undertaken prior to the arrival of the Director's assistants or contractors to do the work. 8.84.110 Report and Assessment List. When the work is done or caused to be done by the Director, he shall keep an account of the cost of abating such nuisance, including an administrative charge to be determined and apportioned by him, upon each separate lot or parcel of land, and shall embody said account in a Report and Assessment List to the City Council, which he shall file with the City Clerk. The Report and Assessment List shall refer to each separate lot or parcel of land by a description sufficient to identify it, and state separately the cost of exterminating said parasites or insect pests on each lot or parcel of land, including the apportioned administrative charge. 8.84.120 Notice of Filing Report and Assessment List. The Director shall post a copy of said report and assessment list on the bulletin board near the Council Chambers in City Hall, together Be with a notice of filing the same, and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, at least ten days before the day fixed therein. He shall also mail or post copies of said notice to all the owners of property on which such nuisance was abated, in the manner, for the time, and with like effect, and file with the Clerk an affidavit thereof, all as provided in Section and posting notices to destroy tree substantially in the following form: 8.84.070 hereof for mailing pests. Said notices shall be NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR EXTERMINATING TREE PESTS, AND OF HEARING THEREON NOTICE IS HEREBY GIVEN that the Public Works Director of the City of Bakersfield has filed with the City Clerk of said city a report and assessment list covering the cost of exterminating parasites and insect pests from trees and shrubs growing on private property in said city, a copy of which is posted on the bulletin board near the Council Chambers in City Hall. Your property is assessed therein in the sum of $ NOTICE IS FURTHER GIVEN that on , day of , 19 , at the the hour of 8 P.M. in the Council Chambers in said City Hall said report and assessment list will be pre sented to the City Council of said city for considera- tion and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto, may appear at said time and place and be heard. NOTICE IS FURTHER GIVEN that you may pay said assessment at the office of the Finance Director of the City of Bakersfield at any time before 5 P.M., August 15, 19 , and if not paid within that time it will be entered against your property on the city tax roll. Dated: , 19 Public Works Director of the City of Bakersfield 8.84.130 Hearing and Confirmation. The owners, and all other persons interested in any work done under this chapter, or in the assessment, feeling aggrieved by any act or determination of the Director in relation thereto, or who claim that the work was not performed in a good and workmanlike manner, or who claim that any portion of the work, for any reason, was omitted or illegally included, or having or making any objections to the correctness of the assessment, or other act, determination or proceeding of the Director, may appear before the City Council at said time and place and be heard. Upon said hearing the City Council may remedy and correct any error, and revise and correct any of the acts or determination of the Director relating to said work; and may amend, alter, modify or correct the assessment in such manner as to them shall seem just; and may require the work to be completed according to their directions. All the decisions and determina- tions of said City Council, upon notice and hearing as aforesaid, shall be final and conclusive. Said assessments, when confirmed, shall become and remain a lien upon the properties stated therein, until paid. o 8.84.140 Payments to Finance Director. Any property owner may, at any time prior to 5 P.M. on August 15 following the doing of said work, pay the amount assessed against his property at the office of the Finance Director of the City of Bakersfield at City Hall, 1501 Truxtun Avenue, and the lien thereof against the property affected shall be released. 8.84.150 Collection of Assessments as Taxes. After said August 15, the City Finance Director shall cause the amounts of said assessments remaining unpaid against the respective lots or parcels of land to be entered and extended on the property tax roll, and pursuant to law, the County Tax Collector shall include the sum on the tax bills applicable to such property. Thereafter said amounts shall be collected at the same time and in the same manner as general ad valorem taxes are collected, and will be subject to the same penalties and the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection and enforcement of City property taxes shall be applicable to such special assessments. SECTION 2. 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 10th day of December , 1980, by the following vote: ~RK~'~-~_nd E~c CITY a io Clerk of the Council of the Ci~ of Bakersfield APPROVED this _]0th day/of Decem_~D~ , 1980 APPROVED as to form: CItY ATTORNF~/of the Ci~of Bakersfield AfFu avt! of J osltng ( r tuan es STATE OF CALIFORNIA, t County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ......................~.~.~.~.~.l~.~.~ .~:.~. ................................................................19..?.~.. he posted on the Bulletin Board 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 ....... .l~..e...~.9_~.~?.~.....~.~ ................................., 19..~?....., which ordinance was numbered_ ..........~.~?.P .............New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.84 OF THE BAKERSFIELD MUNICIPAL CODE DECLARING TREES OR SHRUBS GROWING IN THE CITY OF BAKERSFIELD WHICH ARE INFESTED OR INFECTED WITH DESTRUCTIVE PARASITES OR INSECT PESTS TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES BY SPRAYING, TRIMMING OR OTHERWISE TREATING SUCH TREES OR SHRUBS. Subscribed and sworn to before me this 1.6t~h..... day of. D.e.cc.~be.r .................,19..~0..