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Home My WebLink AboutORD NO 3864 3864 ORDINANC£ NO. AN ORDINANCE AMENDING CHAPTER 5.28 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOUSE NUMBER CURB PAINTING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 528 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.28 HOUSE NUMBER CURB PAINTING. Sections: 5.28.010 5.28.020 5.28.030 5.28.040 5.28.050 5.28.060 Definitions. Permit required. Application -- Issuance -- Fee. Regulations. Revocation. Appeal. 5.28.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.28.020 Permit required. It is unlawful for any person to conduct or carry on the business of painting house numbers on curbs within the city in violation of this ~hapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5.28.030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than thirty days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: -- Page t of 4 Pages -- 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, and social security number of the applicant and of all persons who will be employed by the business; 2. The name, mailing address and location of the business; 3. The business tax certificate number of the business; and 4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or designee shall, in his or her discretion, issue a permit if he or she finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any employee of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 3. The business for which the application is made will be conducted in accordance with all laws of the city and the state; 4. That a valid business tax certificate has been issued for this business; 5. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application. C. Such permit may be issued with conditions to ensure the operation of the business in such lawful and peaceful manner. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Chapter 3.70. 5.28.040 Regulations. A. The numbering to be painted shall conform to city specifications as to size and form, and the quality of paint to be used, as determined by the public works department of the city. B. The permitholder shall submit weekly reports to the public works department designating the location of all house numbers painted under this chapter during the preceding week, designating the location and date. C. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the permitholder provided on the application for such permit. D. No person shall represent or hold himself or itself out as representing the city or any department thereof, nor shall any person advertise or circulate literature for the work of painting house numbers on curbs within the city under the pretense or claim that the painting of house numbers on curbs is required by any ordinance or law of any governmental agency. E. No permittee or person shall paint any house numbers on curbs without the prior consent of the owner or occupant of the property of which the curb is a part. F. Any owner or occupant of property desiring to paint his house number on the curb immediately adjacent to his property need not secure a permit or license therefor as provided in this chapter; provided, however, the owner or occupant shall conform to city specifications, size and form of numbering to be painted and the quality of paint to be used as may be determined by the public works department of the city. -- Page 2 of 4 Pages -- 5.28.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds: A. That misrepresentations were made on the application; or B. That the owner or any employee has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the owner or any employee has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.28.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... III III III -- Page 3 of 4 Pages -- 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 oB~[P II $ ~ the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER SALVAGGIO APPROVED: BEP t 3 1~8 BOB PRICE.) MAYOR\,~ CITY OF BAKERSFIEL~D CITY CLERK and EX OFFIC)~I of the Council of the City of Bakersfield APPROVED AS TO FORM: ROBERT M. SHERFY CHIEFASSISTANT CITYATTORNEY MGA\bsb S:~COUNCIL~:~rds~01 ~698~HOUS E PNT.ORD.wpd -- Page 4 of 4 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24TM ,day of September ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3864, passed by the Bakersfield City Council at a meeting held on September 23, 1998 and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.28 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOUSE NUMBER CURB PAINTING. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield S:\DOCUMENT~AOPOSTIN G September 24, 1998 Deputy City Clerk