HomeMy WebLinkAboutORD NO 5116ORDINANCE NO. 51 16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of
BAKERSFIELD REPEALING AND REPLACING CHAPTER 8.80
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
ABATEMENT OF PUBLIC NUISANCES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.80 of the Bakersfield Municipal Code is hereby repealed in its
entirety and replaced with the following:
Chapter 8.80 ABATEMENT OF PUBLIC NUISANCES
Sections:
8.80.010 Duty of property owner to abate.
8.80.020 General enforcement authority.
8.80.030 Authority to inspect.
8.80.040 Power to arrest.
8.80.050 Summary abatement of public nuisance.
8.80.060 Non -summary abatement procedures - Notices of violation.
8.80.070 Form of notices.
8.80.080 Abatement hearing.
8.80.090 Order after hearing; Right to appeal.
8.80.100 Discretionary notices.
8.80.110 Abatement by owner.
8.80.120 Civil violations —Injunctions and civil penalties.
8.80.130 Treble damages for subsequent abatement judgments.
8.80.140 Criminal violations —Misdemeanors and infractions.
8.80.010 Duty of property owner to abate.
A. It shall be the duty of every property owner to abate any public nuisance
defined under state law or the Bakersfield Municipal Code existing upon that
property which shall be deemed to include for purposes of this chapter the
abutting half of the street, sidewalk, and/or alley, and between the sidelines
thereof as extended. For purposes of this chapter, "property owner" shall mean
the owner of property whose name and address appears on the latest equalized
county assessment roll.
B. Any property owner who fails to abate a public nuisance within the time
prescribed in any notice or order provided for herein, shall be assessed the cost
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of inspection(s) and administrative hearing fees, if applicable, in accordance
with Section 3.70.040 of this code.
C. All bills for the charges set forth in subsection B of this section are due and
payable upon billing date. An additional ten percent administrative service
charge and interest at the rate of one percent per month shall be added to any
surcharge which is delinquent. Should the city resort to court action to collect
amounts due, the city shall be entitled also to collect its reasonable costs
including reasonable attorney's fees.
8.80.020 General enforcement authority.
Code enforcement officers have the authority and powers necessary to gain
compliance with the provisions of the Bakersfield Municipal Code and applicable
state codes. For the purposes of this chapter the term "code enforcement officer"
shall include building inspectors where applicable. These powers include the
powerto issue notices of violations, correction orders, field citations and to inspect
public or private property and to use whatever judicial and administrative
remedies provided under the Bakersfield Municipal Code or applicable state law.
8.80.030 Authority to Inspect.
Code enforcement officers are authorized to enter upon any property or premises
to ascertain whether the provisions of the Bakersfield Municipal Code or
applicable state codes are being obeyed, and to make any examinations and
surveys as may be necessary in the performance of their enforcement duties.
These may include the taking of photographs, samples or other physical evidence.
All inspections, entries, examinations and surveys shall be done in a reasonable
manner. If an owner, occupant or agent refuses permission to enter or inspect,
the code enforcement officer may seek an administrative inspection warrant
pursuant to the procedures provided for in California Code of Civil Procedure
Section 1822.50 through 1822.59, as may be amended.
8.80.040 Power to arrest.
Code enforcement officers are authorized to arrest without a warrant any person
whenever there is reasonable cause to believe that the person has committed a
violation of the Bakersfield Municipal Code or applicable state codes in his or her
presence. Pursuant to Penal Code Section 836.5, code enforcement officers can
only arrest a person by issuing a misdemeanor field citation in the manner set forth
in Penal Code Section 853.6.
8.80.050 Summary abatement of public nuisance.
A. Notwithstanding any other provision of this Chapter, and without limiting
any other available legal remedies which may be available, any condition
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caused or permitted to exist in violation of any of the provisions of this code shall
be deemed a public nuisance and may be summarily abated by the City.
B. The City may move forward with summary abatement of public nuisances
and bypass the abatement procedures otherwise set forth in this chapter as
follows:
(1) Within forty-eight (48) hours after providing notice to the property owner
and posting notice in a conspicuous place on the property, for conditions
which present an imminent clear and present danger to life, health, and
safety of occupants and/or the public, as determined by the Building
Director;
(2) Within fourteen (14) days after providing notice to the property owner and
posting notice in a conspicuous place on the property, for conditions that
constitute a nuisance on an existing substandard property/building,
provided that a certificate that the property is substandard has previously
been recorded against the property in the office of the county recorder
and the conditions rendering the property substandard have yet to be
abated by the property owner;
(3) Within thirty (30) days after providing notice to the property owner and
posting notice in a conspicuous place on the property, for conditions which
render the property substandard and unsafe for human occupancy,
provided that a certificate that the property is substandard is recorded
against the property in the office of the county recorder;
(4) Within thirty (30) days after providing notice to the property owner and
posting notice in a conspicuous place on the property that the property is
a chronic nuisance property. For purposes of this subsection, a chronic
nuisance property is one characterized by repeated nuisance conditions
with demonstrated property owner inaction as determined by policy of the
Development Services Director, which may include but is not limited to
multiple code enforcement proceedings within a 12-month period and/or
excessive calls for service due to criminal or nuisance activity occurring
while the property is vacant and unsecured.
8.80.060 Non -Summary Abatement Procedures - Notices of Violation
A. Notice of Violation. Where a code enforcement officer determines that a
violation or purported violation of the Bakersfield Municipal Code or State law
exists upon real property, the code enforcement officer shall notify the property
owner that a public nuisance is alleged to exist upon the owner's property, as
follows:
(1) Such notice shall require the property owner to respond to the allegation
within seven days of the date of the notice. Where a code enforcement a�®nKFa�
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officer issues a correction order pursuant to the Uniform Housing Code, the
California Building Code, the California Electrical Code, California
Plumbing Code and/or California Mechanical Code, the property owner
shall correct the violation in a manner set forth in the order within a
reasonable time to be determined by the code enforcement officer.
(2) Such notice shall inform the property owner that failure to respond to the
notice will result in the code enforcement officer performing an inspection
to verify the alleged violation(s). If a violation is confirmed to exist, the cost
of inspection shall be charged to the property or made a lien on the
property in addition to other costs necessary to abate the public nuisance
as provided in this chapter.
B. Notice to Abate and Order to Show Cause. If, upon reinspection, the code
enforcement officer determines that a violation continues to exist, the code
enforcement officer shall issue a notice to abate public nuisance and order to
show cause, as follows:
(1)Such notice shall detail the specific violation(s) and deadline for
abatement. The notice shall indicate that the cost to reinspect said
violation, in addition to any further reinspection costs shall be charged to
the property owner or made a lien on the property in addition to other costs
necessary to abate the public nuisance as provided in this chapter. Should
the owner fail to repair within the time stated in the notice or order, the city
may seek all remedies provided for by law including those set forth in Health
and Safety Code Section 17980.7.
8.80.070 Form of Notices.
A. Unless otherwise specified, notices shall be mailed to the owner of real
property on which a nuisance exists. Notice shall also be provided to tenants of
residential buildings where the violation affects the health and safety of the
occupants and which violates Section 1941.1 of the California Civil Code.
B. If the name and address of such owner does not appear on the assessment
roll or is not otherwise known, a copy of such notice shall be conspicuously posted
on the property affected.
C. The notices so posted shall be substantially the same as the notices mailed.
D. The mailing or posting of all of the notices shall be completed at least ten (10)
days before the time fixed for the hearing.
E. The failure of any property owner or other party entitled to notice under this
chapter to receive such notice shall not deprive the city of jurisdiction to proceed
or affect in any manner the validity of the proceedings taken or to be taken or of
any assessment or personal obligation levied under this chapter,
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8.80.080 Abatement Hearing.
A. Where a notice to abate nuisance and order to show cause has been issued
under this chapter, the Building Director or designee shall hold a hearing at the
time and place designated in the notice and shall receive all evidence presented
on the issue of the need and necessity to abate any and all nuisances for which
notice was given.
B. The Building Director or designee shall act in the capacity of administrative
hearing officer (hereafter, "Hearing Officer") 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 nuisance or
nuisances and the necessity to abate such. 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 nuisance
and the necessity to abate.
C. The burden shall be upon the city of Bakersfield to show the existence of any
and all nuisances as noticed, and the necessity to abate such, 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.
D. 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.
8.80.090 Order after abatement hearing; Right to appeal.
A. After the conclusion of the hearing, the hearing officer(s) shall render a
decision within ten days on the existence of a nuisance and the necessity to
abate. The decision shall be issued as follows:
(1) If such nuisance is not found to exist, or if the necessity to abate is not found
to exist, the hearing officer(s) shall so notify all persons in writing who
originally received notice; or, if such nuisance is found to exist and if the
necessity to abate is also found, shall issue a written notice and order for
abatement directing the nuisance(s) to be abated, which shall be mailed
to all persons originally receiving notice.
(2) Any order issued for the abatement of nuisances under the Uniform Housing
Code and/or the Uniform Code for the Abatement of Dangerous Buildings,
shall state that the owner of the substandard or dangerous building may
abate the nuisance within thirty days from the posting on the premises of a
copy of the order of the hearing officer(s) declaring the property a
nuisance. The order shall also be mailed to the property owner and in cases �pKF
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of violation(s) of the Uniform Code for the Abatement of Dangerous
Buildings, to each mortgagee or beneficiary under any deed of trust,
certified mail, postage prepaid, return receipt requested, with proof of
service.
B. Any person subject to an order to abate a nuisance after hearing may appeal
the decision of the hearing officer to the city manager of the city of Bakersfield
by filing a written request to appeal with the city clerk within ten days, or within
thirty days in cases of violations of the Uniform Housing Code or the Uniform Code
for the Abatement of Dangerous Buildings, from the date appearing on the notice
and order to abate. The request for appeal must be received by the city clerk by
five p.m. on the respective deadlines appearing on the notice and order, and
the cost of appeal must be paid at the time the request for appeal is filed. If no
appeal is filed, the city shall be deemed to have acquired jurisdiction to abate
the nuisance or have the same done under its direction and supervision.
C. As soon as practicable after receiving the appeal, the city manager, or his or
her designee, shall set a date to hear the appeal, which date shall be within a
reasonable time from the date the appeal was filed. The appellant shall be given
written notice of the time and place of the hearing at least ten days prior to the
date of the hearing, either by causing a copy of the notice to be delivered to the
appellant personally or by certified mail addressed to the appellant at the
address shown on the appeal. The city manager or his or her designee shall act
in the capacity of administrative hearing officer for purposes of hearing any
appeal timely filed pursuant to this section; provided, however, the board of
building appeals of the city of Bakersfield shall hear any appeal concerning the
abatement of nuisances under the Uniform Code for the Abatement of
Dangerous Buildings. The hearing officer, or the board of building appeals as the
case may be, shall have 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 on the appeal. The hearing need not be conducted according to
technical rules of evidence. The hearing officer may affirm, deny, or modify the
order after abatement hearing that is the subject of the appeal, which decision
shall be final.
D. If after the issuance of a final order declaring a building a nuisance under the
non -summary abatement procedures described above, and if no appeal has
been timely filed or after an appeal has been timely filed but denied, the city shall
be deemed to have acquired jurisdiction to abate such nuisance by repairing,
securing against entry, razing or removing the building, unless the nuisance is
abated by the owner or other person interested within the thirty day period or any
extension thereof as may be granted by the hearing officer(s). In the event that
the nuisance is not abated within the time prescribed, the city may raze and/or
remove the building or have the same done under its direction and supervision. oFg�Ke�s
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8.80.100 Discretionary notices
A. Certificate of Substandard Building. At any time and without restricting any
other procedure or remedy which may be available, in cases involving alleged
violation(s) of the Uniform Housing Code, Uniform Code for the Abatement of
Dangerous Buildings, California Building Code, California Plumbing Code,
California Electrical Code and/or the California Mechanical Code, the building
official, depending on the severity of the violation(s), may file in the office of the
county recorder a certificate describing the property and certifying that: (1) the
building is an alleged substandard building; and (2) the owner has been so
notified. Whenever the corrections ordered shall thereafter have been
completed, or the building has been demolished so that it no longer exists as a
substandard building on the property described in the certificate, or as a result of
the hearing and/or appeals process it is found that the building is not in violation,
the building official shall file a new certificate with the county recorder certifying
that the building has been demolished, repaired, or that the building was found
not to be substandard, whichever is appropriate. Should the owner fail to repair
within the time stated in the notice or order, the city may seek all remedies
provided for by law including those set forth in Health and Safety Code Section
17980.7 and may, thereafter, order the property to be vacated, secured and
maintained against entry.
B. Posting of Property Ordered to Be Vacated. If the code enforcement officer
determines that a building or structure is in such condition as to make it
immediately dangerous to the life, limb, property or safety of the occupants or
the public, it shall be ordered to be vacated, secured and maintained against
entry. Every property ordered to be vacated shall be posted at or upon each exit
of the building and shall be substantially in the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this
notice.
CITY OF BAKERSFIELD
CODE ENFORCEMENT DIVISION
C. Compliance with Order to Vacate. Where a property has been posted and
ordered to be vacated as set forth in this section, notice of such vacation shall be
provided to the property owner. No person shall remain in or enter any building
which has been posted, except that entry may be made to repair, demolish or
remove such building where any required permit to do so has been acquired. No
person shall remove or deface any such notice after it is posted until the required
repairs, demolition or removal have been completed and a certificate of 5j;ARFm
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occupancy issued. Any person violating this subsection shall be guilty of a
misdemeanor.
8.80.110 Abatement by owner.
A. Any owner of real property on which public nuisance exists, may cause the
some to be abated, providing it is done prior to the arrival of the city or its
contractors to do the work; providing in all cases the work shall be done to the
satisfaction of the city.
B. It is unlawful for any property owner or other person to burn, or attempt to burn
any weeds, debris, or waste matter without first obtaining written permission to do
so from the chief of the fire department of the city. Any person or entity who
violates this section shall be guilty of a misdemeanor.
8.80.120 Civil violations —Injunctions and civil penalties.
A. In addition to any other remedy provided by this code, any provision of this
code may be enforced by injunction issued by the Superior Court upon a suit
brought by the city of Bakersfield.
B. As part of a civil action filed to enforce provisions of this code, a court may
assess a maximum civil penalty of two thousand five hundred dollars per violation
of the municipal code for each day during which any person commits, continues,
allows or maintains a violation of any provisions of this code.
C. As part of any court action, the city has the authority to require any person to
post a performance bond to ensure compliance with the municipal code,
applicable state codes or any judicial action.
8.80.130 Treble damages for subsequent abatement judgments.
Pursuant to California Government Code Section 38773.7, upon the entry of a
second or subsequent civil or criminal judgment within a two-year period that
finds an owner of property responsible for a condition that may be abated in
accordance with California Government Code Section 38773.5, a court may
order the owner to pay treble the costs of the abatement. These costs shall not
include conditions abated pursuant to Section 17980 of the California Health and
Safety Code.
8.80.140 Criminal violations —Misdemeanors and infractions.
It shall be unlawful for any person to violate any provision or to fail to comply with
any of the requirements of this code. A violation of any of the provisions or failing
to comply with any of the mandatory requirements of this code shall constitute a
misdemeanor; except that notwithstanding any other provisions of this code, any
such violation constituting a misdemeanor under this code may, in the discretion
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of the city attorney, be charged and prosecuted as an infraction. Any person
convicted of a misdemeanor under the provisions of this code, unless provision is
otherwise herein made, shall be punishable by a fine of not more than one
thousand dollars or by imprisonment in the county jail for a period of not more
than six months or by both fine and imprisonment. Any person convicted of an
infraction under the provisions of this code, unless provisions is otherwise herein
made, shall be punishable by fine only as follows: Upon a first conviction, by a fine
of not exceeding two hundred fifty dollars and for a second conviction or any
subsequent conviction within a period of one year, by a fine of not exceeding
five hundred dollars.
Each such person shall be charged with a separate offense for each and every
day during any portion of which any violation of any provision of this code is
committed, continued or permitted by such person and shall, upon conviction,
be punished accordingly.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
------- 00000--------
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
DEC 14 2022 by the following vote:
✓ ✓ v ✓
AYES' COUNCILMEMBER: ARIAS. GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER:
ABSTIN: COUNCILMEMBER: -
BSENTE COUNCILMEMBER:W`?2
u �-
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: )iC 14 2022
By: (
Iz
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Att �ney
By: &ram
ASHLEY Z RANO
Deputy City Attorney II
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, 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 19th day of December 2022 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5116 passed by the Bakersfield City Council at a meeting held
on the 14t^ day of December 2022 and entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD REPEALING
AND REPLACING CHAPTER 8.80 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO ABATEMENT OF PUBLIC NUISANCES.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
P TY City Clerk
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