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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 -- 2 -- 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. - 3 - 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. - 4 - 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. -- 6 -- 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: -7 - 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. - 8 - 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 - 9 - 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. - 2 - 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' - 3 -