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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!~. .................