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Home My WebLink AboutORD NO 286 OI~DINANCE NO ,._. AN ORDINANCE OF TEE CITY OF BAKERSFIELD PROHIBITING THE OWNER OR ANY OTHER PERSON HAVING TEE- CONTROL OF PROPERTY WITHIN THE CITY OF BAKERSFIELD .FROM PERI~ITTING NOXIOUS OR INJURIOUS WEEDS OR VEGETATION TO GROW THEHEON PROVIDING A REMEDY FOR FAILURE THEREO~AI~D FIXING AN ASSESS~ENT WHEN TEE WORK IS PERFOH~..~,D BY THE CITY. BE IT OP, DAII~ED BY TEE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. DEFINITIONS. Unless it appears from the context that a different meaning is intended, the following words shall have the meaning given them by this section: (a) The word "weed" shall mean any weed specified in Section Two (2) hereof, any other weed, obnoxious or injurious grass, obnoxious or injurious growth or vegetation or unsightly accumulation of growing vegetation;' grasses or weeds. (b) The word "person" shall m~an and include person, owner, firm, corporation or association. SECTION 2. It shall be unlawful for any person having the control of any property within the corporate limits of the City of Bakersfield to permit Russian Thistle (salsola kali trogus), Ground Bur Nut (tribulus terrestris), Spiny Cockle Bur (Xanthium spinosum), Uanadian Thistle (cardeuis a.rvensis) or wild Morning Glory (ipomonea nil), to grow or to mature or to dis- seminate its seed upon the lands so owned by. any such person. The above named weeds shall be removed immediately and as often as necessary to prevent their growth, spread and propagation. S .OT ION It shall be the duty of every person owning or having the control or management of any property within the City of Bake rsfield upon which any weeds are growing, to remove,or cause the same to be burned, prior to the time when same shall ma~re and allow the seed to disseminate upon ._ ..-.'~:'.._.'.- ..:.' · ~ -~..~'~ .~ .~ the land or the lands adjoining. ~ ~ SECTION A. Twice each year, in the spring and in the fall, and at such other times as the City Council shall direct, the City Manager shall serve notice upon. all.owners of land within the city limits' (i.e. lots fronting upon any street, alley, or public highway within the city limits) to remove therefrom all weeds and noxious vegetation as defined in section one (1) of this Ordinance; such notice to contain the sub- stance of sections three (9), four (A) and five (5) of this ordinance and to be served by mailing to the owner at his last known address, or by posting on the property at or near the front property line. When notices are 'served by mailing they shall be deemed to be sufficient if they have not been returned by the postal authorities five gays after mailing when the address is within the city limits or fifteen days after mailing if the address is outside the city but within the State, or thirty days if the address is outside the State. If notice is .by posting on the property,, it shall be deemed sufficient after twenty days. If, after notice, as herein provided, has been given, any person owning any property within the limits of the City of Bakersfield, fails, refuses or neglects to remove, destroy and eradicate any weeds hereinbefore mentioned, or to do any of the work hereinafter mentiosjed in this ordinance, the City Manager shall then acquire Jurisdiction over the work and shall order the same to be commenced forthwith. He shall keep an accurate account of the cost of the work for each lot,or piece of land,or parking space,or street,or alley, front- age, or any other work provided within the terms of this ordinance. SECTION 5. ..... :': ..... i~z~h'~I1 be the' duty. of ev'ery person owning or having the management or control of any property within the limits of the City of Bakersfield .to keep the parking space, between the property line and the curb line, for the entire frontage and also the side frontage, of any property abutting upon any public street,, alley, thoroughfare, lane or street intersection, free from any weeds, and if after notice, as provid-' ed in section four {4), of this ordinance, has been given, any person refuses or neglects to .perform the work, then the City l~anager shall proceed to have,the work done as provided in the said section four (4) of this ordinance. SECTION 6. Within thirty days after the completion of the work, the City ]~anager shall mail notice thereof together with costs, to the person owning or controling the lot or land. Said notice shall be deemed sufficient when same shall have been mailed and not returned to the sender within fifteen days thereafter. If after thirty days from the mailing of the above notice, the person for ~hom said work was performed refuses or neglects to pay into the Treasurer of the City of Bakersfield the cost of the work, then the City Manager shall file with the City Superintendent of Streets the costs there of, who shall record the same as an assessment against the property, and when so recorded shall become a lien upon the lot, land, or parcel thereof. Said tax shall lmecome delinquent upon the date of recording and an additional charge of twenty-five (25%) per-' cent added to the cost thereof. From and~ after the recording of the costs of the work, all persons interested .in the property shall be deemed to have had notice of the contents of said record. SECTION 7. This Ordinance repeals Ordinance No. 250, entitled "An B · Ordinance of the City of 'akersf~eld prohibiting the Owner or any other person havin'g the control or management of any property within the City of Bakersfield from permitting noxious or injurious weeds or vegetation to grow thor_eon,e and all ordinances or parts of ordinances in conflict · hereWith 'ifls0far az the same are in conflict. - SECTION S. This Ordinance shall be in full force and effect thirty days from and after its passage. -5- I hereby certify that this ordinance wae passed by the Council of the City of Bakersfield on the 20th day of-September, l~lS, by the following vote: ~o~,s: ~ AB SEh~: ~ City Clerk and ex-officiO Clerk of the Council of the City of Bakersfield Approved t~i~ ~ d~~ Mayor .o akersfi eld. -4- I ~ I An Ordinance of the City of Bnkersfleld.I Prohibiting the Owner o~ Any ~ ~h fo~ of PrO -. ~ crt~' ~Vlthi~ the C'II~' of Ba~ersflel~ ~ OI1~ ~¥eetl~ or ~ egetatloll to (;row ~8- 1 Thereon, ProVhlillg' . R~ody for ~outtt~of ~ern ~ Full.re ThOr~o~ and l,'l~g au seaalllellt ~l'helt the Work l~ l~er- ~ ] forllled hy ~ho City. Be it ordained by the Council or the ICity of Bakersfield, as follows: 8~CTION 1. J H~FINITIONH. ~ .t :. pst duly swo~ k'nlesa it al,pears from the context that a different meaning is intended, ~de~oses and says: I am ovec ~he age o~ twenty-one years ::,,,,. ,o.o,,-~.~ ,,-o~.,~ ~n ~-~ 'meaning given them by this rectify:-. ' ~d am now and have been during all o~ the t~es here- , ,~ ?,,~ ,,.o,.a ..~a.. ~,~, weed specified tn Section Two t2) here-. in mentioned the chief clerk o~ the Echo Publishing .; or. ~,,¥ ~,,~,. ,,.~.,,. ,,,,,,~o,,~ or [ttriot[8 g']'aas, ohlioxious or Jlljurions Company, and as such e~ef clerk ~ have at all the t~es ~.~o,,.~,, or ,.~,.~,,.o,~ o,. ~,,~,~.n,¥ ;eumttlation of g'rowing vegetation. herein mentioned had eontrot and management of all .~.,.~,.~ .,. ] ~})) The word "])erson" shall mean ~ and include Derson, owller, firln, co~,- the advertisements that have appeared during said time ,..,at,,n o~ ~,oa.,on. , SI.ICTI()N 2. 1 in T~ MORNINGECHO;that the MORNING ECHO ,~ shall be i,nlawrul for any l,e,'s,,n [ haviRg the collt~ol o~ any I,ropertY [ is a newspaper published daily ( except Monaay ) '.,,., ,, ,,,~ ~o,. )o,.,,~ .,n,~ ~ ,h~ 'o~ Hakers~lald to permit Russian This- in the City of Bakersfield, ~ounty of Kern, State o~ ~al- ;.~, ,.~x.o~ ~.,n ..o~-n~). ~o,,nd ~,,,' INut ~LriDnlus terreatrla), Spiny CoCtle iron, by the ~eho Publishing ~ompany; ~hat s~a pa- a, ~. x~.U,~a,. ~,,J.o~,,n. "thistle (card,,uis a,'vensis) or wildi' per is published for the dissemination of local and tele- .,o~,,,~. mo~- ,~,,o,~o.~ ,,.~. ~o ~-,.o,,.~ - e r to matu 't ~r to tlissemina~e graphic news and intelligence o~ a general character and ,,,,~,, ,,~ ~,.,,a~ ~o o,,-,ea ~,¥ ~,,s ~,~", has a bona fide subscription hst of pa~ng subsc~bers. ?h~ ~o,.~ ,~m~a ,~,a~ sh~n h~ moved i~lmedlaLel~' anti as o~t~ll Said ~ewspape~ ~s bee~ established an~ publishe~ iu n~.~.~'y ~o ~,.~,'~n~ ~ha~' ~'o,,'~h, the said City, County and State for more than one year ~t shall b,, tile d~ty of every person last past; said paper is not devoted to the interest nor o,,-,t,g o,. h~,.,~g ,,~ ¢o~-',,~ ,-' m~,,- a~'ement of any Drol)e]'tY withill the City of Bakersfield upon whieJl ally published for the ente~ainment of any particular class, ,,.~ea, ,~ ~,.o,,' -~. ,o ,,~o~¢. or ,.~,,~ the ~a~ tO be blll'ned~ Drior Io profession, trade or calling, race or denomination, or ..~.~ ,,.,.. ,,,,~e ~h~U ~,,-~ ,,a the seed to disseminate upon the land[ any number thereof; that a notice of which the annexed o,. t,,~ ],n~ p~nted slip is a true copy was published in said paper 'r,,-~, -~, ~'~,-'. ~- th~ ~,,,.h,~ irk the fall. and at such other times in each and every issue thereof on the following dates, ,h~city Council shall direct, the City" Manager shall serve noliee upol~ all. owpers o[ land within the city timitsi to-wit: I,. e., lois frolth,g uvon any ~treet,[ la Y' ' ] ' ' lie oi mblie h ghwav within the city ~ 'and noxious veRetation as defined in .................... ft.t, tion one I1) ol this Ol'dinance; uriah ~0tice t0 co~t~Jil the stlbattLllee o~ sec- 'tions three C3), fimr (4) and five (5) Ii of this ordinance, anti to bc served mailing to the oivilel' at JlJs last .................................................. J address, or by DOSting on the propertY lJ ov near the front propel'fY line. . iatwhen notite~ are served I)y mailing{ ~they shall be deemed Lo be suitlcient] .................................................. t if lhe~' h~ve Dot been returned by the j ,postal authorities five da'rs after mall-I ~ ina' whe]t the address is %~,ithin the city ;limits, or fifteen days after mailing' ii ....... lhe address ts outside, the city but~ ........................................... j within the State, or thirty days i~ the. .address is outside the State. and was published on each of said dates in the.~ull and . ~[ ,o,~. ~ h¥ ,o~,ns o,, ,h, ~,,'o],- ~ eyty, it slmll be deemed sufficient tt~ter entire issue of said paper and ~ the newspaper proper ,,-~n,¥ Ir, a~ter notice, as' herein has be~gkven, aD~. and not at any time in a supplement thereto. ,,,.o,,,.r,¥ ,~,n], t,~ ,,i Bakersfield, fa/Is, refuses or leers to relnove, de~tl'oy &lid eradicate to do any oi the work hereinafter men- · ~ · · · .... tionea in this ordinance, tne'e~y property wilhin the limits oi the City ~ ager shall then acquire jurisdiction Subse~ and sworn to before me this . . . ,., h~ ~o=n,.,¢,a ~o,.,h,,'~,h. ' }te shall keep an acetlrate ~ccotlnt o[ ]the cost ol the work' for each lot, or J. ;peee o~ land, or parkin~ SlmC~, or day . .191~ ~,,, o,. ,n~,. f,.o,,,,~., o,. ,,,- jwork in'ovide~ witi~in'the term~ of Ihi~j . ol.tlillRnee, i . ~ It shall 1)~ the duty of every person J . ~wlling or haviJR' lhe lllalltt~enlent orjl f I ¢ontrol o~ any prol)ertY within the lira- j - ~ ~ ~ j its o~ the CiLy Of B;~lie]'~ieltl. to k.ePl t.rly lJll~ aliiJ the i.ltl'lJ I~, ~of file ell- .~-~ ~ ~ tire fronl~lge and also the side fl'o]ll-JJ . . ;~ . aR'~, of 'ltllv j -dI el'ly obtlltJllg lID ¢ '~t t~t alley tJ]or~l g fliP' 't' ~ vialed in SpC'IJ,)ll ~O~lY 14) OI tills Oltlt J .~ :' ~LIS8¢ OI' II~'lecJs tO l~erfOl~lll tJl~ Wol'kfJ · I" V 51g~agfr shall pl'Ot.¢~.d Io/ ~,ai,t section D)ur (4) of thru orLimanee. SlCCTIOX 6. 1 XViihin thirly days after the eolnl~.e-~ lion of lhe work, tl~e City Maaager simll nlai[ notice thereof together %vith lng the lot or land. Sal~ nott~b shall be deelned suffi(.ient when same shall ti~e sender within fifteen days there- 1[ after thirty days from Lhu mailing fuses or n~gleets to pdy into the ury o[ the Cit~ of BaJ~ersfield the cost of the work, then the City shRI] file with l]li C iy Superintendent o[ SLreets the costs thereof, who stall ~ord the same as an assessment ol'dell s[la]l becume a lien allon the )and, or parcel thereof. ~aid tax shall cording and an additional i. m1'ge of twenly-flve (25) per ee~t addod to the ,o¢t thereof. From and after the reeot'ding ~f ll~e Jn file ])l'Ol)~'tlY ~haJl 1)e ~leelned have ha~l notice of the goaielllS o[ B~CT1ON ~. This Ol'dJ~an¢e ?~,,. Xo. 25~. entitled ",~n O~i~lallce of iht) City o[ Bakersfield prohibiting the evty within the Uity o[ [rom permJttJag noxious or injurious in confliel herewith insofal' Tl~is Ordinance shall be in full alltl e~fecl thirty I[ays f]'o]~ ~!C[ ll~tcl its passage. pas~ed by the ¢~ot~n¢il o~ I{]e City o~ Bakersfield on the 20th day of Sep- ttqnber, 11115, })y the iollowin~' vote: Ayes: Crandall, Ilay, Jam~s, Smith, Taylor, R. O. BALLAGII. City Clerk and ex-officio Clerk of the Council og the City of Bakersfield. Al',proved tills 2lst day of ~eDtember, 1915, by O~O. 3iayor of the City