HomeMy WebLinkAbout04/09/1990 B A K E R S F I E L D
Ken Peterson, Chair
Kevin McDermott
Patricia M. Smith
Jack Hardisty (Staff)
URBAN DEVELOPMENT COMMITTEE
MEETING
April 9, 1990
12:00 p.m.
City Manager's Conference Room
AGENDA
1. Historic Preservation Ordinance
2. Interim Ordinance of Living Quarters Downtown
3. Methane Gas - Update
4. Proposed Ordinance - Powers of the Director of Emergency Services
VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: April .6, 1990
REFERRED TO: Urban Development
ITEM:
(Proposed) An Ordinance of the Council of the City of Bakersfield
Adding Section 2.40.050 B 6 to the Bakersfield Municipal Code Relative to
Powers of the Director of Emergency Services.
BACKUP MATERIAL ATTACHED: Yes
STATUS:
To Council Committee on
Committee Report No.
Sent to Council on
Public Hearing on
Ordinance Adopted
(date)
Proposed Ordinance Canceled
(date)
Other
cc: Carol Williams
Mary Ellen Gonzales
REFER1-90
JP
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING SECTION
2.40.050 B 6 TO THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO POWERS OF
THE DIRECTOR OF EMERGENCY SERVICES.
WHEREAS, natural disasters and other emergencies as
defined in Bakersfield Municipal Code 2.40.020 commonly caused
widespread and significant damage to structures; and,
WHEREAS, damaged structures, especially multi-story
buildings, often constitute an immediate threat to life, public
health and safety, and hamper rescue operations; and,
WHEREAS, damaged structures which pose a clear and
present danger to life, public health and safety, and impede
rescue operations in the wake of emergencies must be surmnarily
dealt with to eliminate the danger to life, public health and
safety, and to facilitate rescue operations; and,
WHEREAS, the City of Bakersfield Public Works Director,
or Building Director, in conjunction with the Director of
Emergency Services, are competent to evaluate such dangerous
structures and since, in an emergency, it is necessary that
summary abatement procedures be instituted; and,
WHEREAS, it is necessary to suspend any section of the
Bakersfield Municipal Code that is inconsistent with the purpose
and intent of this ordinance during the emergency.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Section 2.40.050 B 6 is hereby added to the Bakersfield
Municipal Code to read as follows:
2.40.050 B 6 Demolition without notice.
During any declared emergency, the Director of Emergency
Services, with the concurrence of the Public Works Director, or
Building Director, or their designee, may order the immediate
demolition of any structure which constitutes a clear and present
danger to life, or public health and safety, or which hampers
rescue efforts. The demolition may be accomplished without notice
to the owner or owners and without a hearing. Should the Director
be unavailable, any number of the Bakersfield City Council which
can be assembled under Bakersfield Municipal Code 2.48.070 may
order the demolition with or without the concurrence of the Public
Works Director or the Building Director. Should a structure be
significantly damaged, but not so damaged as to constitute a clear
and present danger to life, public health and safety, or an
obstruction to rescue efforts, the building may be demolished by
following the procedure set forth in Bakersfield Municipal Code
Chapter 15.24 for the abatement of dangerous buildings. The
Director of Emergency Services during the declared emergency shall
have the authority to waive the requirements of the Bakersfield
Municipal Code which are incOnsistent with the intent and purpose
of this ordinance.
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
- 2 -
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 , by the following
vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of Bakersfield
ADD:lg
EMERSVS.ORD
02/28/90