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