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HomeMy WebLinkAboutORD NO 2494ORDINANCE NO. 2494 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING CHAPTER 1.86 AND AMENDING SECTION 13.04.120 BY ADDING SUBSECTION (d) AND AMENDING SECTION 13.28.110 CONCERNING THE POWERS AND DUTIES OF THE BOARD OF BUILDING APPEALS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 1.86 of Title 1 of the Municipal Code of the City of Bakersfield is hereby repealed. SECTION 2. That Section 13.04.120 of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield is hereby amended by adding subsec~ion (d) to read as follows: 13.04.120(d) The Board of Building Appeals shall have the power and duty to: (1) Provide for final interpretation of the provisions of the Uniform Housing Code adopted by the City of Bakersfield and to hear appeals provided for thereunder. (2) Hear appeals from decisions of the Building Director on matters pertaining to the moving of dwellings and buildings acces- sory thereto in the interpretation of Sections 13.28.050 and 13.28.080 of the Municipal Code. (3) Hear all complaints brought by residents of the project areas of the Bakersfield Redevelopment Agency and review deter- minations by the Redevelopment Agency as the relocation appeals board, hereby established pursuant to Section 33417.5 of the Health and Safety Code and pursuant to the powers of the City of Bakersfield as a Charter City. (4) Hear appeals from the City by persons applying to such board who are aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by Chapter 16 (Relocation Assistance) of Division 7 Title 1 (commencing with Section 7260) of the Government Code. (5) Make such investigations as it deems advisable concerning housing conditions in the City and report its findings to the Council. (6) Act in an advisory capacity to the Council on matters pertaining to the financing of housing and related construction, housing conditions, enforcement of the Bakersfield Uniform Housing Code and recommend to the Council the adoption, amendment, or repeal of legislation pertaining thereto. (7) Perform such other functions and duties as may be delegated to it by the Council by ordinance or otherwise. (8) Adopt such rules and regulations consistent with law as it sees fit to conduct all business that may come before it. SECTION 3. That Section 13.28.110 of Chapter 13.28 of Title 13 is hereby amended to read as follows: 13.28.110 Refusal of Permit--Appeal. Whenever the Building Director shall withhold or refuse issuance of the permit required under this chapter for the reason that the building upon completion will not be in conformity with the provisions of Section 13.28.050 or of Section 13.28.080 of this chapter, applicant for a permit involving a dwelling and other types of buildings, may, within ten days, file a request in writing with the Building Director that the matter of his application be submitted to the Board of Building Appeals created by Section 13.04.120 of the Municipal Code, for an interpretation of the sections as to their application to the build- ing proposed to be moved. Such board shall, upon receiving such request, set the matter for hearing at a time not more than thirty days from the date of filing the request, or within such time as may be mutually extended. Such board shall make its recommendations and give its interpretations in accordance with law, within ten days from the close of the hearing, and the Building Director and the applicant shall be governed thereby. 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 2nd day of May , 1979, by the following vote: CITY CLERK and ~ Officio Clerk of the Council of the City of Bakersfield , 1979 APPROVED as to form: CITY ATTORNEY of thfe/City of Bakersfield Affi av ! of j os ng r uan es STATE OF CALIFORNIA, ~ County of Kern ~ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and that oa ...................~.~.~.....~. ...............................................................................19...~.~.. he posted on the Bulletin Board at the City Hall, a full, t~ue and correct copy o~ an ordinance passed by the Council of said City at a meeting thereof duly held on ..... ~.~..Y._.._~. ........................................................., 19..~?_.., which ordinance was numbered ...... 2'!?.~ ...........New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING CHAPTER 1.86 AND AMENDING SECTION 13.04.120 BY ADDING SUBSECTION (d) AND AMENDING SECTION 13.28.110 CONCERNING THE POWERS AND DUTIES OF THE BOARD OF BUILDING APPEALS. erk Subscribed and sworn to hefore me this .~r~ . day of ...... ~.l~.~:.y .................... , 19...~?.