HomeMy WebLinkAboutORD NO 2220ORDINANCE NO. 2220 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE MUNICIPAL CODE BY
REPEALING CHAPTER 8.80 AND SUBSTITUTING IN
LIEU THEREOF A NEW CHAPTER 8.80, PROVIDING
FOR THE ABATEMENT OF WEEDS AND WASTE MATTER
CONSTITUTING PUBLIC NUISANCE, NOTICES, HEAR-
INGS, AND COLLECTION OF UNPAID ASSESSMENTS
AS TAXES, AND ASSIGNING DUTY OF ENFORCEMENT
TO CHIEF OF THE FIRE DEPARTMENT.
BE IT 0RDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That the Bakersfield Municipal Code is hereby amended by
repealing Chapter 8.80 of Title 8, and substituting in lieu thereof
a new Chapter 8.80, to read as follows:
Chapter 8.80
REMOVAL OF WEEDS AND WASTE MATTER
AS PUBLIC NUISANCE
Sections:
8.80.010
8.80.020
8.80.030
8.80.040
8.80.050
8.80.060
8.80.070
8.80.080
8.80.090
8.80.100
8.80.110
8.80.120
8.80.130
8.80.140
Weeds Constituting a Public Nuisance
Waste Matter Constituting a Public Nuisance
Duty of Property Owner to Abate Nuisances
Notice to Abate Nuisance
Form of Notice to Abate Nuisance
Notice to Be Mailed or Posted
Affidavit of Giving Notice
Resolution Ordering Work
Abatement By Owner--Permit Required to Burn Weeds
or Waste Matter
Work Done or Caused to Be Done By Chief of Fire
Department--Report and Assessment List
Notice of Filing Report and Assessment List
Hearing and Confirmation
Payment to Finance Director Before August 15
Collection of Assessments As Taxes
8.80.010 Weeds Constituting a Public Nuisance. All weeds which
are described in this section growing upon any private property or
in any public street, sidewalk or alley within the City of Bakers-
field, are declared to be a public nuisance, which nuisance shall
be abated as herein provided.
The term 'Meeds" shall include:
(a) Weeds which bear seeds of a downy or wingy nature;
(b) Sagebrush, chaparral, and any other brush or weeds
which attain such large growth as to become,
menace to adjacent improved property;
(c)
when dry, a fire
(d)
of growth are
(e)
Weeds which are otherwise noxious or dangerous;
Poison oak and poison ivy, when the conditions
such as to constitute a menace to the public health;
Dry grasses, stubble, brush, dead shrubs, dead
trees, litter, or other flammable material which endangers the
public safety by creating a fire hazard.
8.80.020 Waste Matter Constituting a Public Nuisance.
A. "Waste Matter" is unused or discarded matter having no
substantial market value, which is exposed to the elements and
is not enclosed in any structure or otherwise concealed from public
view, and which consists (without limitation or exclusion by enu-
meration) of such matter and material as:
(a) Rubble, asphalt, concrete, plaster, tile;
(b) Rubbish, crates, cartons, metal and glass containers.
B. Waste matter which, by reason of its location and character,
is unsightly and interferes with the reasonable enjoyment of pro-
perty by neighbors or would materially hamper or interfere with the
suppression or prevention of fire upon the premises, or the abate-
ment of a nuisance as defined by Section 8.80.010, is also a public
nuisance.
8.80.030 Duty of Property Owner to Abate Nuisances. It shall
be the duty of every property owner to destroy or remove all weeds
as defined in Section 8.80.010 and to remove all waste matter as
defined in Section 8.80.020, from his private property and from
the abutting half of the street and/or alley, and between the
sidelines thereof as extended. The word "street" as used herein
shall be deemed to include the sidewalk space thereof~
8.80.040 Notice to Abate Nuisance. Whenever any such weeds or
waste matter are growing or existing upon any private property or
on the abutting half of any street, sidewalk space, and/or alley
within the City, it shall be the duty of the Chief of the Bakers-
field City Fire Department or his authorized representative
(hereinafter in this Chapter referred to as the "Chief") to notify
the owners of the property upon which, or in the front, side or
rear of which, such weeds or waste matter are growing, or existing,
and inform him that unless the nuisance is abated without delay,
the work of abating such nuisance by destroying the weeds and
removing the waste matter will be done by the City authorities,
and the expense thereof assessed upon his lots and lands.
8.80.050 Form of Notice to Abate Nuisance. The notice shall
be substantially in the following form:
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN, under the provisions of Chapter
8.80 of the Bakersfield Municipal Code that weeds, grasses, dead
shrubs and dead trees upon property owned by you and/or on the
abutting half of the street, sidewalk space and/or alley, in the
City of Bakersfield are a public nuisance in that they are a fire
hazard and any rubble, discarded asphalt and concrete and other
waste material thereon that might interfere with the abatement of
the aforementioned public nuisance, are also a public nuisance.
YOU ARE HEREBY NOTIFIED that said public nuisances are
required to be abated within seven (7) days from the date of this
notice. If not abated by destruction and removal on or before such
time, the City of Bakersfield will abate the public nuisance or
cause the same to be abated, in which case the costs thereof will
be assessed against the land and become a tax lien thereon as pro-
vided in Chapter 8.80 of the Bakersfield Municipal Code and will
be collected on the tax roll upon which property taxes are col-
lected.
YOU ARE FURTHER NOTIFIED to appear before the City
Council of said City at its meeting on , the
day of , 197__, at eight o'clock p.m., in
the Council Chambers of
Bakersfield, California,
nuisance should not be found to exist and
as provided in said Chapter.
Dated: , 197
the City Hall at 1501 Truxtun Avenue,
and show cause, if any you have, why said
the same ordered abated
Chief of the Fire Department
of the City of Bakersfield.
8.80.060 Notice to Be Mailed or Posted. The Chief shall mail
a postcard copy or other copy of the notice with all blanks pro-
perly filled, to each and every owner of real property on which
and/or on the abutting half of the street, sidewalk space and/or
alley on which such a nuisance exists, whose name and address
appears on the latest equalized county assessment roll, or as
known to the Chief, mailing the copies of notices to the addresses
given or as otherwise known to him. If the name and address of
such owner does not appear on such assessment roll or is not other-
wise known to him, he shall cause a copy of such notice to be con-
spicuously posted on the property affected. The notices so posted
shall be substantially the same as the notices mailed. The mailing
or posting of all the notices shall be done and completed at least
ten days before the time fixed for the hearing. The failure of any
property owner to receive such notice shall not deprive the City
Council of jurisdiction to proceed or affect in any manner the
validity of the proceedings taken or to be taken or of any assess-
ment levied hereunder.
8.80.070 Affidavit of Giving Notice. Upon giving notice as
aforesaid, the Chief shall make and file with the City Clerk his
affidavit, stating in general terms the existence of the nuisance,
and declaring that in each and every case the owner of real pro-
perty on which, and/or on the abutting half of the street, sidewalk
space and/or alley on which such weeds are growing and/or waste
matter is existing was notified to abate the nuisance~ either by
mailing or posting the notices as required by this chapter. A
copy of the form of notice so mailed or posted shall be annexed
to the affidavit together with a list of all properties on which
such weeds and/or waste matter have been declared to be a nuisance.
8.80.080 Resolution Ordering Work. The Chief shall attend the
meeting of the City Council at the time designated in the notice
to show cause and report on any other matters desired by the City
Council concerning the nuisances. Thereupon, if satisfied that
the nuisance exists, the City Council shall by resolution find the
nuisance to exist, and order the Chief to proceed with the work of
abating the nuisance pursuant to the provisions of this chapter.
8.80.090 Abatement By Owner--Permit Required To Burn Weeds.
Any owner of real property on which or in front, side and/or rear
of which such weeds are growing and/or waste matter exists, may
cause the same to be destroyed and/or removed, providing it is
done prior to the arrival of the Chief's assistants or contractors
to do the work; provided in all cases the work shall be done to
the satisfaction of the Chief. However, it shall be unlawful for
any property owner or other person to burn, or attempt to burn,
any such weeds or waste matter without first obtaining written
permission so to do from the Chief of the Fire Department of the
City of Bakersfield.
8.80.100 Work Done or Caused to Be Done By Chief of Fire
Department--Report and Assessment List. When the work is done or
caused to be done by the Chief, he shall keep an account of the
cost of abating such nuisances, including an administrative charge
to be determined and apportioned by him, upon each separate lot or
parcel of land and in the front and alley (if any) in rear thereof
between the sidelines of such lot as extended. The Chief shall
embody the 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 destroying or removing the weeds and waste matter on
and in the front, side and/or rear as aforesaid of each parcel of
land, including the apportioned administrative charge.
8.80.110 Notice of Filing Report and Assessment List. The
Chief shall post a copy of the report and assessment list on the
bulletin board near the Council Chambers in the City Hall, together
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 confirmation, at
least ten days before the day fixed therein. He shall also mail or
post copies of the notice to all the owners of property on which
and/or in the front, side and/or rear of which such a nuisance was
abated for the time, and in the manner, and with like effect, and
file with the Clerk an affidavit thereof, all as provided in Sec-
tion 8.80.060 hereof for mailing and posting notices to abate. The
notices shall be substantially in the following form:
NOTICE OF FILING REPORT AND ASSESSMENT LIST
FOR WEED AND WASTE MATTER ABATEMENT, AND OF
HEARING THEREON.
NOTICE IS HEREBY GIVEN that the Chief of the Fire Depart-
ment of the City of Bakersfield has filed with the City Clerk of
said City a report and assessment list on abatement of weeds and/or
waste matter within said City, a copy of which is posted on the
bulletin board at the entrance to the City Hall.
Your property is assessed therein in the sum of $
NOTICE IS FURTHER GIVEN that on , the day
of , 19 , at the hour of eight o'clock p.m.
in the Council Chambers of said City Hall said report and assess-
ment list will be presented to the City Council of said City for
consideration 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 the City Hall, 1501 Truxtun Avenue, at any time before five
o'clock p.m. of August 15, 19__, and if not paid within that
time, it will be entered against your property on the City tax
roll.
Dated: , 19__
Chief of the Fire Department
of the City of Bakersfield
8.80.120 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
Chief in relation thereto, or who claim that the work was not per-
formed in a good and substantial 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 assessmen~ or other act, determination or proceeding of
the Chief, 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
determinations of the Chief 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 determinations of said
City Council, upon notice and hearing as aforesaid, shall be final
and conclusive. Said assessment, when confirmed, shall become and
remain a lien upon the properties stated therein, until paid.
8.80.130 Payment to Finance Director Before August 15. Any
property owner may, at any time prior to five o'clock p.m. of
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 the City Hall, 1501 Truxtun Avenue, and the
lien thereof against the property affected shall be released.
after
the 1st day of April, 1975. Chapter 8.80,
effective date of this ordinance, shall be
1st day of April, 1975.
8.80.140 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 effective thirty days from and
the date of its passage and shall be operative on and after
in effect before the
operative until the
.......... o0o ..........
I HEREBY CERTIFY that the
and adopted by the Council of the
meeting thereof held on the loth
following vote:
foregoing ordinance was passed
City of Bakersfield at a regular
day of ~arch , 1975, by the
AYES: COHN:-ILL*E~I 9ARTON~ BLEECK,r 2, EIEISEY, MEDDERS, ROGERS, STRONG, THOMAS
t,~C,E~: ~,' ~' , -- ....... ~,e__~ .......
CITY'~LERK ~E~x ~zc.io Clerk of the
Council of the Cz~ of Bakersfield
APPROVED this loth day of Mmrch ~
,.
VI~E MAYOR of the Czty/~//~amer§fzeld
APPROVED as to fo~:
1975
~'~,-~,r.:,.-~.~-?'~z?(fc tMe ,C-~y o£ Bakersfield
CITY ATTORNEY of
Afft avi of 1osting (Or inau es
STATE OF CALIFORNIA, I
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 on .............................................M...a..~.q.l!.....~.~ .................................................., 19....~.~. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City
at a meeting thereof duly held on ............... ..M..~.~..ql~....]~..0.. ................................, 19...7..~..., which ordinance
was numbered ...... ~.~0 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE MUNICIPAL CODE BY
REPEALING CHAPTER 8.80 AND SUBSTITUTING IN
LIEU THEREOF A NEW CHAPTER 8.80, PROVIDING
FOR THE ABATEMENT OF WEEDS AND WASTE NL&TTER
CONSTITUTING PUBLIC NUISANCE, NOTICES, HEAR-
INGS, AND COLLECTION OF UNPAID ASSESSMENTS
AS TAXES, AND ASSIGNING DUTY OF ENFORCEMENT
TO CHIEF OF THE FIRE DEPARTMENT.
Subscribed and swon~ to before me this
11.~ ... day of M~c!~. .................