HomeMy WebLinkAbout11/19/1991 (5) VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL': November 19, 1991
REFERRED TO: Urban Development Committee - Jack Hardisty
ITEM: AMENDMENT TO GENERAL ABATEMENT/ABATEMENT OF PUBLIC
NUISANCES ORDINANCES.
WEEDS AND DEBRIS
LITTER CONTROL
(PROPOSED)
PROPOSED AMENDMENTS/REPEALS TO BAKERSFIELD MUNICIPAL CODE
RELATING TO GENERAL ABATEMENT PROVISIONS IN CHAPTERS
8.27, 8.28, 8.29 AND 8.32; ADDING CHAPTER 8.80 RELATING
TO ABATEMENT OF PUBLIC NUISANCES TO THE BMC.
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
PLEASE RETURN TO JEAN IN THE-CITY MANAGER'S OFFICE WHEN COMPLETED.
cc: City Clerk
City Attorney
REFER91.1Z
MEMORANDUM
October 31, 1991
TO: KEN PETERSON, Vice Mayor
FROM: LAWRENCE M. LUNARDINI, City Attorney ~
SUBJECT: PROPOSED AMEND~RNTS/REPEALS TO BAKERSFIELD MUNICIPAL
CODE RELATING TO GENERAL ABATEMENT PROVISIONS IN
CHAPTERS 8.27, 8.28, 8.29 AND 8.32; ADDING CHAPTER 8.80
RELATING TO ABATEMENT OF PUBLIC NUISANCES TO THE BMC.
Please refer the following proposed ordinance to
whichever committee you deem appropriate:
AMENDMENT TO GENERAL ABATEMENT/ABATEMENT OF PUBLIC NUISANCES
ORDINANCES.
Background:
Chapter 8.80 will be added to the Bakersfield Municipal
Code as a general abatement procedure covering Chapters 8.27, 8.28,
8.29 and 8.32. As a result thereof, it has also become necessary
to repeal sections in the above chapters relating to abatement and
to amend others to reflect the addition of Chapter 8.80.
MGA\mog
ORD-REF\
GENABATE. MEM
cc: Gregory J. Klimko, Finance Director
Lee Andersen, Community Services Director
Ed Schulz, Public Works Director
Jack Hardisty, Planning Director
Cal Bidweil, Building Director
Stephen Johnson, Fire Chief
Paul Dow, Water and Sanitation Manager
DRAFT
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 8.80 TO
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ABATEMENT OF PUBLIC
NUISANCES.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 8.80 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 8.80
ABATEMENT OF PUBLIC NUISANCES
Sections:
8.80.010 Duty of property owner to abate.
8.80.020 Notice to abate - Generally.
8.80.030 Notice to abate - Form.
8.80.040 Notice to abate - Mailing and posting.
8.80.050 Notice to abate - Filing affidavit with city
clerk.
8.80.060 Resolution ordering abatement work.
8.80.070 Abatement by owner - Permit required to burn weeds
or waste matter.
8.80.080 Report and assessment list - Contents and filing.
8.80.090 Report and assessment list - Notice of filing.
8.80.100 Hearing and confirmation.
8.80.110 Payments to finance director.
8.80.120 Collection of assessments as taxes.
8.80.130 Recording of lien.
8.80.010 Duty of property owner to abate.
A. It shall be the duty of every property owner to
abate any public nuisance pursuant to Chapters 8.27, 8.28, 8.29
and 8.32 upon his private property and upon the abutting half of
the street and/or alley, and between the sidelines thereof as
extended.
B. The word "street" as used in this section shall be
deemed to include the sidewalk space'thereof.
C. Any person who receives a notice to abate any
public nuisance as described herein, and who fails to abate such
nuisance within the time prescribed in the notice, may be
assessed the cost of reinspection as set forth in Section
3.70.040 of this code.
D. All bills for the charges set forth in subsection
C. of this section are due and payable upon billing therefore and
~become delinquent sixty (60)days after billing date. An
additional ten percent (10%) administrative service charge and
interest at the rate of one percent (1%) per month Shall be added
to any surcharge which is delinquent. Should the City resort to
court action to collect amounts due, the City shall be entitled
also to collect its reasonable costs.
8.80.020 Notice to abate - Generally,
Whenever matter declared to be public nuisance pursuant
to Chapters 8.27, 8.28, 8.29 and 8.32 has accumulated upon any
private real property or on the abutting half of any street,
sidewalk space and/or alley, it shall be the duty of the C'ity's
applicable department director or his authorized representative
to notify the owners of the property upon which, or in the front,
side or rear of which, matter declared to be a public nuisance
has accumulated and inform them that unless the nuisance is
abated without delay, the work of abating such nuisance will be
done by the City authorities, and the expense thereof may be made
a special assessment against the property involved, or may be
made a personal obligation of the property owner, whichever the
legislative body of this jurisdiction shall determine is
appropriate.
8.80.030 Notice to abate - Form.
The notice shall be substantially in the following
form:
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN pursuant to the provisions
of Chapters 8.80 and (8.27, 8.28, 8.29, or 8.32) of the
Bakersfield Municipal Code, that (describe condition of property
which constitutes nuisance - i.e., 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 is a public nuisance.
YOU ARE HEREBY NOTIFIED that said public nuisance
is required to be abated within seven (7) days from the date of
this notice. If not abated by removal/repair on or before such
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time, the City of Bakersfield will abate such public nuisance or
cause the same to be abated, in which case the expense thereof
will be made a personal obligation of the property owner or will
be assessed against the land and become a tax lien thereon as
provided in Chapter 8.20 of the Bakersfield Municipal Code and
will be collected on the tax roll upon which property taxes are
collected.
YOU ARE FURTHER NOTIFIED to appear before the City
Council of the City of Bakersfield on , at the
hour of 7:00 P.M. in the Council Chambers in the City Hall, 1501
Truxtun Avenue, Bakersfield, California, and show cause, if any
you have, why said nuisance should not be found to exist and the
same ordered abated as provided in said chapters.
Dated:
(Title of Department Head/Director)
of the City of Bakersfield
8.80.040 Notice to abate -'Mailing and posting.
A. The (appropriate department head or his designee)
shall mail a postcard copy or other copy of the notice with all.
blanks properly 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 him, mailing the copies of notices to the
addresses given or otherwise known to him.
B. If the name and addresses of such owner does not
appear on such assessment roll or is not otherwise known to him,
he shall cause a copy of such notice to be conspicuously posted
on the property affected..
C. The notices so posted shall be substantially the
same as the notices mailed.
D. The mailing or posting of all of the notices shall
be done and completed at least ten (10) days before the time
fixed for the hearing.
E. 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 assessment or personal obligation
levied under this chapter.
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8.80.050 Notice to abate - Filing affidavit with'city clerk.
A. Upon giving notice as mentioned in Sections
8.80.010 through 8.80.040, the applicable department
head/director 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 property on which, and/or on the abutting half of the
street, sidewalk space and/or alley on which the nuisance'exists
was notified to abate the nuisance, either by mailing or posting
the notices as required by this chapter.
B. 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 nuisance exists.
8.80.060 Resolution ordering abatement work.
A. The applicable department head/director 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 nuisance.
B. Thereupon, if satisfied that the nuisance exists,
the City Council shall by resolution find the nuisance to exist,
and order the department head/director to proceed with the work
of abating the nuisance pursuant to the provisions of this
chapter.
8.80.070 Abatement by owner - Permit required to burn weeds or
waste matter.
A. Any owner of real property on which or in front,
side and/or rear of which such public nuisance exists, may cause
the same to be abated, providing it is done prior to the arrival
of the department head/director's assistants or contractors to do
the work; provided in all cases the work shall be done to the
satisfaction of the department head/director.
B. However, it is unlawful for any property owner or
other person to burn, or attempt to burn any weeds, debris, or
waste matter without first obtaining written permission to do so
from the Chief of the Fire Department of the City. Any person or
entity who violates this section shall be punished as set forth
in general penalty provision Section 1.40.010.
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8.80.080 Report and assessment list - Contents and filinq.
A. When the wcrk is done or caused to be done by the
department head/director, 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 the rear
thereof between the sidelines of such lot as extended.
B. The department head/director shall embody the
account in a report and assessment list to the City Council,
which he shall file with the City Clerk.
C. The report and assessment list shall refer to each
separate lot or parcel of. land by description sufficient to.
identify it, and state separately the cost of abating the
nuisance upon each parcel of land, including the apportioned
administrative charge of all applicable City departments.
8.80.090 Re~ort and assessment list - Notice of filing.
A. The department head/director 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
(10) days before the date fixed therein.
B. The department head/director 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
Section 8.80.040 for mailing and posting notices to abate.
C. The notice shall be substantially in the following
form:
NOTICE OF FILING REPORT AND
ASSESSMENT LIST FOR ABATEMENT OF
CONDITION CONSTITUTING PUBLIC NUISANCE,
AND OF HEARING THEREON
NOTICE IS HEREBY GIVEN that the (Title of applicable
department head/director) of the City of Bakersfield has filed
with the City Clerk of said City a report and assessment list on
abatement.of nuisances (condition constituting nuisance - i.e.,
weeds and debris) within said City, a copy of which is posted on
the bulletin board near the Council Chambers in City Hall.
Your property is assessed therein in the sum of
$ .
NOTICE IS FURTHER GIVEN that on , at
the hour of 7:00 P.M. in the Council Chambers in said CitY Hall
~said report and assessment 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, along with all accrued administrative service charges
and interest, at the office of the Finance Director of the City
of Bakersfield at City Hall, 1501 Truxtun Avenue, Bakersfield,
California, at any time before 5:00 P.M., June 30, 19 , and if
not paid within that time it will be entered against your
property on the City tax roll.
Dated:
(Title of Department Head/Director)
of the City of Bakersfield
8.80.100 Hearinq and confirmation.
A. The owners, and all other persons interested in
having any work done under this chapter, or in the assessment,
feeling aggrieved by any act or determination of the department
head/director in relation thereto, or who claim that the work was'
not performed 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 assessment or other act, determination or proceeding of
the department head/director, may appear before the City CoUncil
and said time and place and be heard.
B. Upon said hearing, the City CoUncil may remedy and
correct any error and revise and correct any of the acts or
determinations of the department head/director 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
revision or correction to be completed according to their
directions.
C. Ail the decisions and determinations of said City
COuncil, upon notice and hearing as mentioned'in this..chapter,
shall be final'and conclusive.
D. Said assessment, when confirmed, shall become and
remain a lien upon the properties stated therein, until paid.
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E. Ail such assessments remaining unpaid sixty (60)
days after the date of recording shall become delinquent. An
additional ten percent (10%) administrative service charge and
interest at the rate of one percent (1%) per month shall be added
to any assessment which is delinquent. Should the City resort to
court action to collect amounts due, the City shall be entitled
also to collect its reasonable costs.
8.80.110 'Payments to finance director.
Any property owner may, at any time prior to 5:00 P.M.
on June 30th, following the completion of said work, pay the
amount assessed against said property at the office of the
Finance Director at City Hall, 1501 Truxtun Avenue, Bakersfield,
California, and the lien thereof against the property affected
shall be released.
8.80,120 Collection of assessments as taxes.
A. After said June 30th, the City Finance Director
shall cause the amounts of said assessments, along with all
accrued administrative service charges and interest, 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 of the tax
bills applicable to such property.
B. 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
procedures and sale in case of delinquency.
C. Ail laws and ordinances applicable to the levy,
collection and enforcement of City property taxes and benefit
assessments shall be applicable to such special assessments.
8.80.130 Recording of lien.
A. Unless the amount assessed has been paid within
ten (10) days of City Council action confirming the same, the
City's Finance Director shall cause to be filed in the Office of
the Recorder of the County of Kern a certificate in substantially
the following form:
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NOTICE OF LIEN
Pursuant to the authority deriving by the provisions of
Chapter 8.80 of the Bakersfield Municipal Code, said City of
Bakersfield did, on (date) , cause a nuisance to be abated
on the real property hereinafter described and did, on
(date) , by action duly recorded in its official minutes of
said date assess the cost of such'abatement. Of said cost there
remains unpaid to the City of Bakersfield the sum of ($ ),
together with interest calculated thereon at the rate of one
percent (1%) per month and a ten percent (10%) administrative
service charge from (60 days after recording) until said
amount has been paid in full and this lien discharged of record,
whether by collection with real property taxes on said property
or otherwise.
The real property herein before-mentioned and upon
which a lien is hereby claimed is all that certain parcel or
parcels of real property situated in the City of Bakersfield,
County of Kern, State of California, and particularly described
as follows, to wit:
Dated:
City OF BAKERSFIELD
Finance Director
ATTEST:
City CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
B. From and after the date of the recording of the
notice of the lien in the office of the Recorder of the County of
Kern, as in this section provided, all persons shall be deemed to
have full notice thereof.
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SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
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 , 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:
LAWRENCE LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MGA/meg
ABATE\
CHAPTER8.80
10/31/91
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ORDINANCE NO,
AN ORDINANCE AMENDING SECTIONS
8.27.030, 8.28.025, 8.29.040 AND
8.32. 080; REPEALING SECTIONS
8.28.030 THROUGH 8.28.150 RELATING
TO GENERAL ABATEMENT PROVISIONS IN
CHAPTER 8.28 (WEEDS AND DRmRIS) AND
SECTIONS 8.29. 080 THROUGH 8.29. 200
RELATING TO GENERAL ABATEMENT
PROVISIONS IN CHAPTER 8.29 (LITTER
CONTROL) OF THE BAKERSFIELD
MUNICIPAL CODE.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
· SECTION 1.
Section 8.27.030 of the Bakersfield Municipal Code
relating to Property Maintenance is hereby amended to read as
follows:
8.27.030 Abatement.
As an alternative to the enforcement provided .in Chapter
1.40, the Building Director may take action to abate the nuisance,
pursuant to Chapter 8.80 of the Bakersfield Municipal Code.
SECTION 2.
Section 8.28.025 of the Bakersfield Municipal Code
relating to Weeds and Debris is hereby amended to read as follows:
8.28.025 Means of abatement - Discretion of fire chief.'
Except as the chief of the Bakersfield City Fire
Department or his authorized representative (hereinafter in this
chapter referred to as the "chief") determines otherwise, the
abatement of each nuisance described in Sections 8.28.010 and
8..28.020 shall be accomplished by the complete removal of all
weeds and waste matter, as defined. The chief may, at his
discretion, determine and direct that the nuisance be abated by
removal of less than all such weeds and waste matter. The chief
may take action to abate, the nuisance pursuant to the procedures
set forth in Chapter 8.80 of this code.
SECTION 3.
Section 8.29.040 of the Bakersfield Municipal Code
relating to Litter Control is hereby amended to read as follows:
8.29.040 Nuisance - Abatement.
In addition to subjecting the violator to.the penalties
described in this code, each violation of the provisions of this
chapter is, and is declared to'be, a public nuisance, subject to
abatement as provided herein below. Additionally, the building
director may take action to abate the nuisance pursuant to the
procedures set forth in Chapter 8.80 of this code.
SECTION 4.
Section 8.32.080 of the Bakersfield Municipal Code
relating to Refuse is hereby.amended to read as follows:
8.32.080 Accumulation unlawful - Abatement.
It is unlawful and declared to be a public nuisance for
any owner or occupant to permit the accumulation of refuse/solid
waste to become or remain offensive, unsightly, or unsafe.to
public health or hazardous from fire, or to deposit, keep, or
accumulate, or permit or cause any refuse/solid waste to be
deposited, kept, or accumulated upon any lot or parcel of land, or
any public or private place, street, lane, alley, or driveway,
except as provided in this chapter. The Water and Sanitation
Manager may take action to abate the nuisance pursuant to the
procedures set forth in Chapter 8.80 of this code.
SECTION 5.
Sections 8.28'.030, 8.28.040, 8.28.050, 8.28.060,
8.28.070, 8.28.080, 8.28.090, 8.28.100, 8.28.110, 8.28.120,
8.28.130, 8.28.140 and 8.28.150 relating to provisions in Chapter
8.28 (Weeds and Debris) are hereby repealed.
SECTION 6.
Sections 8.29'.080, 8.29.090, 8.29.100, 8.29.110,
8.29.120, 8.29.130, 8.29.140, 8.29.150, 8.29.160, 8.29.170,
8.29.180, 8.29.190 and 8.29~200 relating t° provisions in Chapter
8.29 (Litter Control) are hereby repealed.
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SECTION 7.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
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 by the following
vote: '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MR~DERS
MAYOR of the City of. Bakersfield
APPROVED as to form:
LAWRENCE LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MGA/meg
ABATE\
GEN-ABATE.O-4
10/31/91'
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