HomeMy WebLinkAboutORD NO 4698ORDINANCE NO. 4698
ORDINANCE AMENDING SECTION 12.20.020(B) OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
REVOCATION OF ENCROACHMENT PERMITS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 12.20.020(B) of the Bakersfield Municipal Code is hereby
amended to read as follows:
12.20.020 Permit requirements— Revocation.
B. Any person, firm or corporation desiring to place, erect or maintain
any such encroachment as defined in Section 12.20.010 shall make application
for a permit at the office of the city engineer. Such application shall contain the
name and address of the applicant, a description of the proposed
encroachment and the proposed location thereof, the period of time for which
such encroachment is proposed to be maintained, and such other information
as may be required by the city engineer. Such application shall further contain
an agreement on the part of the applicant that if such application is granted,
the applicant will indemnify and save and hold harmless the city, its agents,
officers and employees against and from all damages, judgments, claims,
demands, expenses, costs and expenditures, and against all loss or liability
which the city or such officers, agents or employees may suffer, or which may
be recovered from or obtainable against the city or such officers, agents or
employees, legally caused by, growing out of, or in any way connected with,
the placing, erection or maintenance of such encroachment, and upon the
expiration of such permit or the revocation thereof, the applicant will, at his or
her own cost and expense, remove the same from the public property or right -
of -way where the same is located and restore such public property or right -of-
way to the condition as nearly as that in which it was before the placing,
erection, maintenance or existence of such encroachment. Such application
shall also contain an agreement on the part of the applicant to keep all liability
insurance required by the city manager in full force and effect for however long
the encroachment remains.
Upon the receipt of such application, the city engineer shall make an
investigation to determine if the maintenance of such encroachment will
substantially interfere with the use of the public property, right -of -way or other
public place where the same is proposed to be placed, erected or maintained,
and whether the placing, erection or maintenance of such encroachment will
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constitute a hazard to persons using such public property, right -of -way or other
public place. Upon the completion of such investigation, the city engineer shall,
at his or her discretion, either grant or deny the applicant a permit to place,
erect and /or maintain such encroachment. Such permit, if granted, may be
granted for a definite time or for annual renewal, and the city engineer may
impose such conditions to the granting of the same as in his or her discretion will
best serve the public interest. In any event, a permit granted by the city
engineer pursuant to this section is revocable at any time by the city engineer.
If the application is denied, the department shall advise the applicant in
writing of the basis for denial. The applicant shall have ten days from the mailing
of such denial by city to appeal. The written request for appeal must be
received by the city clerk within such time period. Upon timely receipt of a
written request for an appeal, the city clerk shall schedule the matter for hearing
with the city manager or designee within sixty days of receipt of the request. If
the applicant is a video service provider as defined in Section 5.48.010 of this
code, pursuant to Section 5885 of the Public Utilities Code, the applicant shall
have ten days from the mailing of such denial by city to appeal. The written
request for appeal must be received by the city clerk within such time period.
Upon timely receipt of a written request for an appeal, the city council shall
schedule the matter for hearing at the next available city council meeting.
Upon the revocation of any such permit, the city engineer shall give
notice in the form and manner specified in Section 12.20.030 to the applicant for
such permit or to the person maintaining such encroachment. It is unlawful for a
person, firm or corporation to place, erect or maintain or to permit the placing,
erection, maintenance or existence of an encroachment upon, over or under
any street, avenue, lane, alley, sidewalk, court, place, public way, property or
right -of -way after his or her permit has expired, after his or her permit has been
revoked and the time specified in the notice from the city engineer for removal
of the same has expired, or after required insurance has expired, lapsed, been
reduced or revoked. An encroachment permit may be granted in the central
business zone and commercial center zone for restaurants or other
establishments serving food or beverages in the encroachment area; however,
all the requirements of Sections 12.20.020(C) and (D) shall be followed in
addition to all other requirements of this chapter. Fees or charges for the
issuance of any permit under this chapter may be imposed by resolution or
ordinance of the city council.
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.
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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 R 2012 by the following vote:
AYES' COUNCILMEMBER: SALAS, BENHAM, WEIR, HANSON, JOHNSON
NOES: COUNCILMEMBER: 10
N: COUNCILMEMBER: Y1
ABSENT: COUNCILMEMBER: c
APPROVED: NOV 2 8 2012
JIM
ROBERTA GAFFORD, CAd
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto ey
By: �Uj
ANDREW HEGWAID
Deputy City Attorney
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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. 4698, passed by the
Bakersfield City Council at a meeting held on the 28thday of November., 2012 and
entitled:
ORDINANCE AMENDING SECTION 12.20.020(B) OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REVOCATION OF
ENCROACHMENT PERMITS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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