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HomeMy WebLinkAboutORD NO 4030ORDINANCE NO. ZJ: 0 3 0 AN ORDINANCE AMENDING SECTION 8.28.025 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENT OF WEEDS AND WASTE MATTER. WHEREAS, high winds (in excess of forty (40) miles an hour) occasionally occur over properties within the City of Bakersfield and adjoining areas; and WHEREAS, areas may exist on which no vegetation exists to prevent the soil from windblown disbursement; and WHEREAS, certain soil types tend to result in greater or more voluminous topsoil/silt/dust windblown disbursement; and WHEREAS, the City Council believes the public health, safety and welfare of the citizens of the City of Bakersfield, and the immediately adjacent areas, will be benefitted by mitigation of wind blown topsoil/silt/dust, and by effectuating dust control: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Bakersfield Municipal Code Section 8.28.025, entitled "Means of Abatement-Discretion of Fire Chief" is hereby amended, and shall read as follows: Except as the chief of the Bakersfield cit~ 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..4t his discretion, the chief may also dictate the manner by which such weeds are removed, including by mowing, discing or some other means. The chief may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. 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. ............. O00 ........... -- Page 1 of 2 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 on SFP 1 9 ?m0! by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER [,-,J©i~ ~ COUNCILMEMBER ~0 ~ ~ COUNCILMEMBER CITY CLERK and EX (~FICIO of the Council of the City of Bakersfield SEP 19 2001 APPROVED: HARVEY L. HALL, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney Deputy City Attorney ACT S:\COU NCIL\Ords\Dust\DustOrd.wpd -- Page 2 of 2 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 20th day of September , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4030 , passed by the Bakersfield City Council at a meeting held on the 19th day of September 2001 and entitled: AN ORDINANCE AMENDING SECTION 8.28.025 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENT OF WEEDS AND WASTE MATTER. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield S:\Document\FORMS~AOP.ORD.wpd September 20, 2001