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HomeMy WebLinkAboutORD NO 2392ORDINANCE NO. 2392 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.86 TO TITLE 1, REPEALING SUBSECTION (d) OF SECTION 13.04.120 OF CHAPTER 13.04, AMENDING SECTION 13.28.110 OF CHAPTER 13.28, CONCERNING CREATION OF HOUSING ADVISORY FINANCE AND APPEALS BOARD, SETTING FORTH POWERS AND DUTIES THEREOF. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 1.86 is hereby added to Title 1 of the Municipal Code of the City of Bakersfield as follows: Chapter 1.86 HOUSING ADVISORY FINANCE AND APPEALS Sections: 1.86.010 1.86.020 Creation of Board Powers and Duties of Board BOARD 1.86.010 Creation of Board. There is hereby created in the City of Bakersfield a Housing Advisory Finance and Appeals Board consisting of seven members who are not employees of the City, two of whom should be officers or employees of lending institutions situated within the City. The Board shall be appointed by the City Council and shall serve at its pleasure. 1.86.020 Powers and Duties of Board. The Housing Advisory Finance and Appeals Board 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 accessory 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 determinations 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 of Title 1 (commencing with Section 7260) of the Government Code. (5) Make such investigations as it deems advisable concern- ing 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) gated to (8) it Perform such other functions and duties as may be dele- it by the Council by ordinance or otherwise. Adopt such rules and regulations consistent with law as sees fit to conduct all business that may come before it. SECTION 2. That subsection (d) of Section 13.04.120 of Chapter 13.04 of Title ]3 of the Municipal Code of the City of Bakersfield is hereby repealed. 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, may within ten days, file a request in writing with the Building Director that the matter of his application be submitted to the Housing Advisory Finance and Appeals Board created by Chapter 1.86 of the Municipal Code and for other types of build- ings, 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 building proposed to be moved. Such boards 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 boards shall make their recommendations and give their interpretations in accordance with law, within ten days from the close of the hearing, and the Building Director and the appli- cant shall be governed thereby. SECTION 4. This ordinance shall become effective thirty 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 21st day of December , 1977, by the following vote: CITY'CLERK and ~Offzczo Clerk of the Council of the ~i~ty of Bakersfield APPROVED th~i~ 21st dayx~f December , 1977 APPROVED as to form: CITY ATTORNE~ of.ti~e Czty of Bakersfield Aff av of ost ng r uan 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 ........................................D...~.~..m...~.~..r..__2...2_ ....................................., 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..~?.._.~.~ ............................, 19....~_~.., which ordinance was numbered ......... ~.P2 ..................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.86 TO TITLE 1, REPEALING SUBSECTION (d) OF SECTION J3.04.120 OF CHAPTER 13.04, AMENDING SECTION 13.28.110 OF CHAPTER 13.28, CONCERNING CREATION OF HOUSING ADVISORY FINANCE AND APPEALS BOARD, SETTING FORHT POWERS AND DUTIES THEREOF. Subscribed and sworn to before me this 2 8th.. day of ...... I~.¢~..l~.~ ........... , 19 ~ '~'G Marguerite Anderson