The URL can be used to link to this page

Home My WebLink About10/10/1991 (3) VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: October 10, 1991 REFERRED TO: BUDGET AND FINANCE COMMITTEE ITEM: AMENDMENT TO PEST ABATEMENT ORDINANCE (Proposed) AN ORDINANCE AMENDING SECTION 8.20.040, SECTION 8.20.060, SUBSECTION B. OF SECTION 8.20.120, ADDING SUBSECTION E. TO SECTION 8.20.130, AMENDING SECTION 8.20.140, SUBSECTION A. OF SECTION 8.20.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PEST ABATEMENT. 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. THANK YOU cc: Carol Williams Mary Ellen Gonzales REFER91.7 JP MEMORANDUM September 30, 1991 TO: KEN PETERSON, Vice Mayor FROM: LAWRENCE M. LUNARDINI, City Attorney SUBJECT: AMENDMENT TO BAKERSFIELD MUNICIPAL CODE SECTIONS 8.20.040, 8.20.060, 8.20.120(B), 8.20.130, 8.20.140 AND 8.20.150(A) RELATING TO PEST ABATEMENT Please refer the following proposed ordinance to whichever committee you deem appropriate: AMENDMRNT TO PEST ABATEMENT ORDINANCE. Background: The above sections as they presently read give the property owner until August 15th following the completion of any pest abatement to pay the amount assessed against the property before a lien is placed on the city tax roll and become collectable by the County Tax Collector. However, I have been informed by the Finance Department that the County Tax Assessor needs this information prior to July 30th of any given year so that the tax roll may be brought up to date. Therefore, by amending the above sections to give the property owner until June 30th following the completion of any pest abatement on his or her property, we thereby give the Finance Department sufficient time to notify the County Tax Assessor to place the balance of the unpaid lien on the Assessor's rolls for collection in that year. Also, changes have been made to include administrative service charges and interest be assessed upon failure to pay the assessment within 60 days. Pest abatement is the responsibility of the Community Services Department and this amendment clarifies this. MGA\meg ORD-REF\ PESTABAT.MEM cc: Gregory J. Klimko, Finance Director Lee Andersen, Community Services Director Ed Schulz, Public Works Director DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.20.040, SECTION 8.20..060, SUBSECTION B. OF SECTION 8.20.120, ADDING SUBSECTION E. TO SECTION 8.20.130, AMENDING SECTION 8.20.140, SUBSECTION A. OF SECTION 8.20.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PEST ABAS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.20.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.040 Method of extermination. Such nuisances shall be abated by spraying, safely and in conformance with all applicable laws and regulations, and infected trees or shrubs with an insecticide or fungicide, or otherwise treating them, as the particular case may require, so as to completely exterminate such parasites or insect pests from the trees or shrubs affected; provided, whenever any tree or shrub is found to be in such a condition from the infectiOn of parasites or insect pests that, in the opinion of the community services director or his authorized representative (hereinafter in this chapter referred to as the "director") it is impossible to save it, the owner of the land on which such tree or shrub is growing shall completely destroy the same by removing such. SECTION 2. Section 8.20.060 of the Bakersfield Municipal Code is herebY amended to read as follows: 8.20.060 Notice to exterminate - Form. Said notices shall be substantially in the following form: NOTICE TO DESTROY TREE PESTS NOTICE IS HEREBY GIVEN, pursuant to the provisions of Chapter 8.20 of the Bakersfield Municipal Code, that certain trees and shrubs on property assessed to you in the City of Bakersfield are infested or infected with parasites or insect pests which should be exterminated by spraying them or by trimming said trees and shrubs, or otherwise exterminating said parasites or insect pests as directed by the Community Services Director, otherwise said parasites or pests may spread to, and injure or destroy other trees or shrubs in the neighborhood, and that such condition constitutes a public nuisance. YOU ARE HEREBY NOTIFIED to exterminate said parasites or insect pests within seven (7) days from the date of this notice. If not abated within such 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 assessed upon your property and will constitute 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 ordinance. Dated: Community Services Director of the City of Bakersfield SECTION 3. SubSection B. of Section 8.20.120 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.120 Report and assessment-list - Notice of filing. B. Said notices shall be substantially in the following form: NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR EXTERMINATING TREE PESTS, AND OF HEARING THEREON NOTICE IS HEREBY GIVEN that the Community Services Director of the City of Bakersfield has filed with the City Clerk of said city a report and assessment list covering the cost of exterminating parasites and insect pest from trees and shrubs growing on private property in said city, a copy of which is posted on the bulletin board near the Council Chambers in City Hall. -- 2 -- 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 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: Community 'Services Director of the City of Bakersfield SECTION 4. Subsection E. of Section 8.20.130 is hereby added to the Bakersfield Municipal Code to read as follows: 8.20.130 Hearing and confirmation. E. All 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 will 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. SECTION 5. Section 8.20.140 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.140 Payments to finance director. Any property owner may, at any time prior to 5:00 P.M. on June 30 following the completion of said work, pay the amount assessed against his property, along with all accrued administrative service charges and interest, at the office of the - 3 - finance director of the city at City Hall, 1501 Truxtun Avenue, and the lien thereof against the property affected shall be released. SECTION 6. Subsection A. of Section 8.20.150 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.150 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. 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 - - 4 - I'HE~RY 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 C~CE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PESTABAT.O-4 9/30/91 - 5 -