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Home My WebLink About04/06/1990 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 MEMO RAN D U M April 3, 1990 TO: Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney SUBJECT: REFERRALS OF 1) A PROPOSED EMERGENCY ORDINANCE RELATING TO VALIDATION PROCEEDINGS FOR MAINTENANCE DISTRICT FORMATION PROCEEDINGS. 2) PROPOSED ORDINANCE RELATIVE'TO POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Please refer the following proposed ordinances to whichever committee you deem appropriate: 1) EMERGENCY INTERIM ORDINANCE RE MAINTENANCE DISTRICT FORMATION PROCEEDINGS. Background: This ordinance allows the City, or any other party, to file a court action within sixty days of the date a'.maintenance 'district is established to determine the validity of the proceedings leading to the. creation of such district. I propose.that we pursue filing such an action immediately after Council action on April 25th, if the Council decides to approve the proposed City-Wide Park Maintenance.District. I'd like this ordinance to go to the City Council on April 18th for adoption as an emergency ordinance. Though referral to Committee is not a pre-requisite for emergency ordinances, I believe we should discuss this one with a Committee. If you will refer it to the Urban Development Committee, that Committee can discuss this ordinance at its. April 9th meeting. 2) POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Background: This ordinance allows partially destroyed structures to be immediately demolished under stated conditions. No ordinance now exists Jwhich would control the decision-making process in the event of emergency situations requiring 9~ immediate demolition of significantly damaged structures. Memo to Vice Mayor Peterson Re = Ordinance Referrals April 3, 1990 Thank you. AJS/meg ORD-REFERRAL MD-EMS.MEM Attachments cc: J. Dale Hawley Jack Hardisty Paul Dow Ed Schulz Greg Klimko 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 summarily 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