Over the course of multiple meetings during the past year, the Planning and Development Committee (Committee) has discussed and considered various tools, enforcement strategies and changes to the Bakersfield Municipal Code (Code) for the City to proactively address chronic nuisance and vacant properties. Most recently, at a special meeting on September 28, 2022, the Committee considered proposed new language that would directly address property owner requirements for maintenance of vacant and fire-damaged buildings and the circumstances under which the City can move forward with summary abatement of public nuisances. Based on staff’s presentation, the Committee directed staff to incorporate the proposed changes into a comprehensive review/clean-up of the City’s existing nuisance abatement procedures set forth in the Code. The proposed ordinance amendments were presented to the Committee at a special meeting on November 1, 2022, and the Committee voted 3-0 to move the ordinances forward for first reading at the November 16, 2022 City Council meeting. The following is a list of such ordinances:
1. BMC Section 8.27.015. Chapter 8.27 of the Bakersfield Municipal Code, titled “Property Maintenance,” prohibits maintaining a public nuisance on property in the City and defines the various conditions that constitute a public nuisance. This ordinance will add a new section to specifically address property maintenance of vacant and/or fire-damaged buildings (8.27.015). Specifically, vacant buildings must be secured against unlawful entry and posted with approved no-trespassing signage to permit police enforcement action. Additionally, owners of fire-damaged buildings must either obtain a demolition permit or submit an application for a fire rehabilitation permit within 90 days of the fire.
2. BMC Chapter 8.80. This is an ordinance to repeal and replace the entirety of Chapter 8.80 relating to the abatement of public nuisances. The reason for repealing and replacing the ordinance instead of a traditional redline is for clarity, as many sections are proposed to be reordered, simplified, and/or consolidated in order to remove duplicative language, more accurately reflect existing practices, and make the Chapter easier to read and understand. The proposed ordinance will not substantively modify the City’s current code enforcement process for typical, non-summary cases (e.g., complaint, noticing, inspection and hearing phases with a right to appeal). The primary change is the expansion of Section 8.80.050 relating to summary abatement procedures. Summary abatement is by definition a faster process for the City to perform work and fix property violations due to health and safety concerns without first conducting a hearing and offering a right to appeal. The second major change proposed by this ordinance is moving all of the assessment-related provisions to a new Chapter 8.85, discussed below.
3. BMC Chapter 8.85. This ordinance is an amendment to Title 8 “Health and Safety” to add a new Chapter 8.85 titled “Assessments Related to Abatement of Public Nuisances.” This is primarily an organizational change only and does not propose substantive revisions to the City’s current assessment process. Currently, after the City incurs administrative and/or abatement costs during a code enforcement case, those costs are billed to the property owner and can be recorded as a lien against the property and placed on the property tax roll for repayment. These procedures are currently outlined within the existing Chapter 8.80 for nuisance abatement, which improperly conflates the abatement process with the assessment process (both processes include separate notices and a hearing).