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HomeMy WebLinkAboutORD NO 4701ORDINANCE NO. 4 7 0 1 ORDINANCE AMENDING SECTION 15.78.090(C) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM VIOLATION /PENALTY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.78.090(C) of the Bakersfield Municipal Code is hereby amended to read as follows: 15.78.090 Violation /penalty. C. Hearing Process. Upon discovery of an alleged violation, the city shall issue a stop work order on the entire project in question. The stop work order will be effective immediately and the department head /director designated by the city manager shall hold a hearing at the time and place designated in the stop work order, no sooner than ten days and no later than thirty days from the date of the stop work order, and shall receive all evidence presented on the issues of whether a violation had taken place and the severity of the violation. The city shall cause to be mailed by registered or certified mail, postage prepaid, return receipt requested, with proof of service, a copy of the stop work order to the owner of real property on which the violation exists. 1. The department head /director shall act in the capacity of administrative hearing officers ( "hearing officer(s)" hereafter) and shall have the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision upon the existence of a violation and the severity of such if appropriate. All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a violation and the severity of such if appropriate. 2. The burden shall be upon the city to show the existence of any and all violations as noticed, and the severity of such if appropriate, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in reaching a decision. S: \COUNCIL \Ords \12 -13 \15.78.090 Violation;penalty2d.docx -- Page 1 of 3 Pages -- O�� A KF9J -c� � r U CD ORIGINAL 3. The hearing officer(s) shall cause the hearing to be tape recorded. Transcripts may be created at the expense of the person requesting the transcript. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --- - - - - -- 000---- - - - - -- S: \C0UNCIL \0rds \12 -13 \15.78.090 Violation penalty2d.docx -- Page 2 of 3 Pages -- o��AKF9.� s � r v o ORIGINAL 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 NOV 2 8 2012 by the following vote: AY COUNCILMEMBER: SALAS, BENHAM, WEIR, I, HANSON, I, JOHNSON NOES: COUNCILMEMBER: Q'brw ABSTAIN: COUNCILMEMBER: CN-vrz SEN : COUNCILMEMBER: y CU ^'-' kl�- ROBERTA GAFFORD, Cddl CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 2 8 2012 HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ( A JESSALEE S. T LLEY Associate City Attorney JST:Isc S: \C0UNCIL \0rds \12 -13 \15.78.090 Violatiompenalty2d.docx -- Page 3 of 3 Pages -- 11gAKF9 o s� Fn ~- r v o ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 3rd day of December, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4701, passed by the Bakersfield City Council at a meeting held on the 28thday of November. 2012 and entitled: ORDINANCE AMENDING SECTION 15.78.090(C) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM VIOLATION /PENALTY. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield it k SAD000MENIIF0RMSW0P.0RD.wpd AKF9s T ~ r U O ORIGINAL