TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, JUNE 20, 2023
CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
________________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read into the record.
________________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Waldrop
Councilmember Chavira
1. PUBLIC HEARING - INTRODUCTION OF AN ORDINANCE UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE AND FEDERAL
LAW ENACTMENTS
Recommendation –
1. Open public hearing and receive public testimony;
2. Motion to approve an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE AND FEDERAL LAW ENACTMENTS AND PROVIDE
FOR MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO ENHANCE PUBLIC HEALTH, SAFETY AND WELFARE for first reading by title only and reading of such be waived; and.
3. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
2. PRESENTATION BY FINANCE DIRECTOR TERESA BINKLEY– 2023/2024 BUDGET
3. APPROVAL OF FINAL BUDGET FOR FISCAL YEAR 2022-2023 AND PROPOSED BUDGET FOR FISCAL YEAR 2023-2024
Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2022-2023 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2023-2024 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
4. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT City of Taft Council/Successor Agency Meeting
Agenda
June 20, 2023
PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
5. COUNCIL STATEMENTS (NON-ACTION)
6. DEPARTMENT REPORTS
7. CITY MANAGER STATEMENTS
8. CITY ATTORNEY STATEMENTS
9. FUTURE AGENDA REQUESTS
************************************************************************************************************** CONSENT CALENDAR ITEMS 10-20
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote.
There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?
10. MINUTES
May 16, 2023
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant # 060923 Check No. 98051-98100 $ 468,598.61
Recommendation – Approve payment of the bills.
12. APPROVAL OF SPECIAL EVENT PERMIT AND ENCROACHMENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE JULY 4th FIREWORKS SHOW ON SATURDAY, JULY 1, 2023 Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2023-07 AND ENCROACHMENT PERMIT BY THE TAFT CHAMBER OF COMMERCE TO HOST THE JULY 4TH FIREWORKS SHOW ALONG THE RAILS TO TRAILS BETWEEN 2ND AND 10TH STREETS, INCLUDING THE CLOSURES OF SUPPLY ROW AND RAILS TO TRAILS BETWEEN 2ND AND 4TH STREETS, AND 6TH STREET BETWEEN MAIN STREET AND SUPPLY ROW ON SATURDAY, JULY 1, 2023 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
13. APPOINT REPRESENTATIVE TO THE WEST SIDE MOSQUITO AND VECTOR CONTROL BOARD Recommendation – Motion to appoint Randy Miller to serve on the West Side Mosquito and Vector Control District Board for the completion of the vacated term and upcoming term ending December 31, 2027, and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
14. ADDITION OF ACCOUNTANT POSITION
City of Taft Council/Successor Agency Meeting
Agenda
June 20, 2023
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF ACCOUNTANT and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
15. ADDITION OF EXTRA HELP CITIZEN PATROL
Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION EXTRA HELP CITIZEN PATROL and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
16. ADDITION OF OFFICE ASSISTANT POSITION
Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF OFFICE ASSISTANT and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
17. ADDITION OF SENIOR DISPATCHER/MATRON POSITION
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF SENIOR DISPACTHER/MATRON and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
18. AUTHORIZATION TO SUBMIT A REGIONAL SURFACE TRANSPORTATION (RSTP) APPLICATION TO KERN COG FOR THE REHABILITATION OF 4TH ST. FROM KERN ST. TO CALVIN ST.
Recommendation – Motion to Adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT AUTHORIZING THE FILING OF AN APPLICATION FOR REGIONAL SURFACE
TRANSPORTATION PROGRAM (RSTP) PROGRAM FUNDING AND COMMITTING THE NECESSARY LOCAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
19. LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 ENGINEERS REPORT Recommendation – Motion to:
1. Receive 2023-2024 Engineer’s Report for Landscape Maintenance District No. 1; and
2. Adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
DECLARING ITS INTENTION TO REVIEW THE IMPROVEMENTS AND FEES FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 AND SET THE PUBLIC HEARING FOR JULY 18, 2023.
3. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
20. ADOPTION OF THE CITY OF TAFT TITLE VI PROGRAM UPDATE FOR TAFT AREA TRANSIT Recommendation – Motion to adopt resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAFT OF KERN COUNTY AUTHORIZING THE TITLE VI PROGRAM UPDATE FOR THE TAFT AREA City of Taft Council/Successor Agency Meeting
Agenda
June 20, 2023
TRANSIT SYSTEM and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines. **************************************************************************************************************
21. APPOINT TWO (2) MEMBERS TO THE CITY OF TAFT PLANNING COMMISSION TO FILL SCHEDULED
VACANCIES
Recommendation –
1. Interview applicants; then
2. Motion to appoint two (2) members chosen to serve on the City of Taft Planning Commission for terms from July 1, 2023 through June 30, 2027.
22. CITY OF TAFT CONTRIBUTION TO THE 4TH OF JULY FIREWORKS SHOW Recommendation –
1. Motion to authorize financial contribution to be made to the Taft Chamber of Commerce to assist in funding the “Taft Fireworks Show” in an amount decided by the Council.
2. Motion to authorize the waiver of all fees, the use of city employees and equipment associated with the event. and
3. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
CLOSED SESSION
A. ANNUAL PERFORMANCE EVALUATION
Government Code Section 54957 – City Attorney
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONS Government Code Section 54956.9(b)
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft
ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
AFFIDAVIT OF POSTING
I, Darnell Porter, declare as follows:
That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on June 15, 2023 at ________ a.m. /p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed June 15, 2023, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING - INTRODUCTION OF AN ORDINANCE UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE AND FEDERAL LAW
ENACTMENTS
SUMMARY STATEMENT:
This ordinance will update and streamline portions of the Taft Municipal Code (“TMC”) related to administrative citations, fines, and appeal procedures, nuisance abatement, business licenses and process for denial, revocation, suspension, and appeal procedures, subpoena powers, regulations pertaining to sleeping in vehicles, use of fireworks, storage of personal property in public places, and mobile vending to ensure that the TMC comports with recent state and federal law enactments and to achieve more efficient enforcement of code violations.
This Ordinance makes the following key proposals:
Administrative Citations and Appeal Procedures
The proposed amendments to Title I update the City’s existing administrative citation process to ensure consistency with applicable laws, define and expand on the City officials who may issue and process to issue, set fine amounts consistent with Government Code section 36900, and establish a hardship waiver process to reduce fines after second and third fines have been issued and a bona fide effort to comply and undue financial burden has been demonstrated.
Subpoena Powers from Government Code Section 37104
The proposed amendments to Title I and III authorize and provide the process for the City’s legislative body to issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it consistent with the State law authority in Government Code section 37104.
Nuisance Abatement Provisions and Related Processes
The proposed amendments to Chapters 4, 4.1, 4.2, 4.3, and 5 of Title III update and streamline the City’s nuisance abatement provisions and related process. Key amendments include streamlining the process for enforcement, from nuisances defined, notices given to correct nuisances, City abatement, cost recovery, and outlining the process for citizens to challenge appealable notices before a neutral hearing officer, the hearing and related procedures. These proposed amendments also include a restriction for potentially financially interested third parties from being present during inspections of commercial properties.
Business License Process for Denial, Revocation, Suspension and Appeal Procedures The proposed amendments to Title IV add provisions to enable the City to withhold issuing, renewing, and revoking or suspending business licenses where code violations exist in connection with the business or fines or other Council Agenda Report
June 20, 2023
outstanding amounts are owed to the City. Additionally, the proposed amendments streamline the appeal provisions for aggrieved persons to have a hearing before a neutral hearing officer, the hearing, and related procedures.
Regulations Pertaining to Sleeping in Vehicles
The proposed addition of Chapter 14 to Title II accounts for recent State law, allows for more effective administrative enforcement, and revises the penalty provisions to remove criminal prosecution or any form of fine being issued to comport with recent Federal Court decisions.
Regulations for Storage of Personal Property On Public Land The proposed addition of Chapter 15 to Title II adds a process to address abandoned personal property on public lands including processes for storage, reclamation, and disposal if not claimed, ensures proper notice is provided before and after removal of personal property, and adds key exemptions from these process for hazardous or spoiled items or items confiscated as evidence of a crime.
Regulations for Use of Fireworks
The proposed removal of Chapter 9 from Title VIII and addition of Chapter 15 to Title II adds reasonable restrictions and regulations for the possession, sale, and use of “safe and sane” fireworks on and around the Fourth of July holiday as well as adds prohibitions of “dangerous” fireworks, related fines, and administrative regulations for handling “dangerous” fireworks in line with the State Fire Marshal Model Ordinance.
Regulations on Mobile Vending
The proposed amendments to Title IV clarify the City’s regulations on mobile vending, including adding reasonable regulations on sidewalk vending in line with California Senate Bill 946 such as business licensing requirements and civil administrative penalties. Additionally, the proposed amendments to Chapter 7 of Title IV streamline and update the City’s existing prohibition on other forms of vending such as mobile food truck vending.
RECOMMENDED ACTION
1. Open public hearing and receive public testimony;
2. Motion to approve an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO
COMPLY WITH RECENT STATE AND FEDERAL LAW ENACTMENTS AND PROVIDE FOR MORE
EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO ENHANCE PUBLIC HEALTH, SAFETY AND WELFARE for first reading by title only and reading of such be waived; and.
3. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Draft Ordinance
PREPARED BY: City Manager
ORDINANCE NO. 852-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING
AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE AND FEDERAL LAW
ENACTMENTS AND PROVIDE FOR MORE EFFICIENT AND EFFECTIVE
ENFORCEMENT OF CODE VIOLATIONS TO ENHANCE PUBLIC HEALTH,
SAFETY AND WELFARE
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Taft (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Taft Municipal Code (“TMC”) periodically to comply with recent state and federal law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare;
WHEREAS, Government Code section 53069.4(a)(1) authorizes the City to make any violation of its ordinances subject to an administrative fine or penalty and to set forth procedures for the imposition, enforcement, collection, and review of such administrative fine or penalty and the City Council desires to streamline and clarify its fine and penalty provisions for greater transparency and options in enforcement;
WHEREAS, Government Code section 37104 enables a legislative body to issue subpoenas for the attendance of a witness or production of documents in any action or proceeding before it and the City Council has determined to include such provisions in the TMC to ensure key witnesses and evidence will be present for proceedings before it;
WHEREAS, recent California Assembly Bill 2598—codified in Government Code section 36900(d)—requires any city levying a fine for second and third violation under Government Code 36900(b)(2),(3) and (c)(2),(3) to establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party and the City Council has determined to include such provision in the TMC;
WHEREAS, the City Council has determined to clarify and streamline administrative appeal procedures available to the public under the TMC to ensure consistency, transparency, and clear due process protections across various TMC provisions for administrative appeals, including administrative citation appeals under section 1-3-8;
WHEREAS, in light of recent state enactments as well as recent efforts to ensure more efficient and streamlined enforcement of the TMC and other laws to promote public health, safety, and welfare, the City Council has identified amendments, adoptions, and/or deletions to be made to the TMC relating to penalties pertaining to code violations, enforcement options, remedies and other related provisions;
WHEREAS, the City Council has identified amendments, adoptions, and/or deletions to be made to the TMC relating to regulations for public nuisances in TMC Chapter 4, Chapter 4.1, Chapter
4.2, Chapter 4.3, and Chapter 5, including what constitutes a nuisance and cost recovery for nuisance abatement as permitted under Government Code sections 38771, 38773, 38773.1, 37773.5 and other laws and issuing, renewing, and revoking permits, licenses, or other approvals and related appeals processes to ensure a more efficient and clear approach to nuisance abatement in the City; WHEREAS, recent California Assembly Bill 2485—codified in Health and Safety Code section 26250—restricts potentially financially interested third parties from being present during inspections Ordinance No. 852-23
of commercial properties, and as a result, the City Council has determined to make such clarification and other related clarifications in the TMC to ensure transparency in its inspections and inspection processes;
WHEREAS, recently several California Courts of Appeal issued decisions offering guidelines for local public agencies’ regulations prohibiting the use of vehicles for human habitation on public land, and as a result, the City Council has identified changes to its regulations based on the guidance offered in those Court decisions;
WHEREAS, the City of Taft has experienced an increase in the accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas, which constitute a threat to the peace, health, safety and/or general welfare of the public and have disrupted the use and enjoyment of such public space and thus the City Council desires to remove such personal property located on public land in a manner that is consistent with State and Federal law, and which promotes the health, safety, and general welfare of those who use these public lands; WHEREAS, the State Fireworks Law contained within section 12500 of the Health and Safety Code (“HSC”) authorizes local jurisdictions to enact ordinances, develop uniform fine procedures, and conduct enforcement to administer the State-wide ban on dangerous fireworks and the City Council desires to codify and enforce the State’s prohibition of “dangerous” fireworks and sanction, with reasonable restrictions and regulations, the possession, sale, and use of “safe and sane” fireworks on and around the Fourth of July holiday;
WHEREAS, the TMC does not contain any provisions which reasonably regulate the time, place and manner of sidewalk vending and there is a need to include in the TMC such provisions in conformity with recent changes in State law, including California Senate Bill No. 946 (codified in Sections 51036 through 51039 of the Government Code), to protect legitimate and objective public health, safety and welfare concerns that are raised by sidewalk vending, including proper sanitation, proper food preparation, storage and distribution, avoidance of the spread of illnesses, ensuring safe and unobstructed pedestrian travel on public rights of way, compliance with the Americans with Disabilities Act, safe lighting standards, and other health, safety, and welfare concerns; WHEREAS, the City wishes to update, clarify, and streamline enforcement of the TMC’s provisions regulating mobile vending (vending distinct from sidewalk vending) in line with existing law and consistent with other provisions of the TMC; and
WHEREAS, the City Council has identified sensible changes to the TMC to effectuate the above and wishes to ensure that the TMC’s provisions across the various chapters are consistent for ease of enforcement and ease of understanding for the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. TMC section 1-1-5 is hereby amended as follows:
1-1-5: DEFINITIONS:
Unless the context otherwise requires, the following words and phrases where used in City ordinances shall have the meaning and construction given in this section:
ACROSS: Includes along, in or upon.
CITY: The City of Taft.
CODE: The Taft Municipal Code, including all uniform codes adopted by the City.
Ordinance No. 852-23
COUNCIL: The Taft City Council.
COUNTY: Kern County.
EX OFFICIO: By virtue of office.
GENDER: The masculine gender includes the feminine and neuter.
GOODS: Includes wares and merchandise.
NUMBER: The singular number includes the plural, and the plural includes the singular.
OATH: Includes affirmation.
OPERATE OR ENGAGE IN: Includes carry on, keep, conduct, maintain or cause to be kept or maintained.
OWNER: When pertaining to a building or land shall include any part owner, joint owner, tenant in common or joint tenant of the whole or part of such building or land.
PERSON: Any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee of any of them.
SALE: Includes any sale, exchange, barter or offer for sale.
SHALL, MAY: "Shall" is mandatory, "may" is permissive.
STATE: The state of California.
STREET: Includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways or other public ways in Taft which have been or may hereafter be dedicated and open to the public use, or such other public property so designated in any law of this state.
TENANT OR OCCUPANT: When pertaining to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others and whether subject to any lease or other agreement or not.
TENSES: The present tense includes the past and future tenses, and the future tense includes the present tense.
TITLE OF OFFICE: The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Taft.
SECTION 3. TMC section 1-1-11 is hereby amended as follows:
1-1-11: VIOLATIONS, MISDEMEANORS, AND INFRACTIONS:
(A) Any violation of any of the provisions of or failing to comply with any of the mandatory requirements of the ordinances of the City is a misdemeanor, unless the violation is made an infraction by ordinance or through the discretion of the enforcement officer, city attorney, or prosecuting counsel. (B) Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
Ordinance No. 852-23
(C) Any violation of this code determined to be an infraction is punishable by:
1. A fine not exceeding one hundred for a first violation.
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year of the first violation.
(D) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars for a first violation.
2. A fine not exceeding seven hundred dollars for a second violation of the same ordinance within one year.
3. A fine not exceeding one thousand three hundred dollars for each additional violation of the same ordinance within one year of the first violation.
4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
For fines issued under C.2, C.3, D.2, D.3, and D.4 of this section, the process in title 1, chapter 3, section 1-3-7 of this code for considering a hardship waiver to reduce the fine applies. For fines under this section, the City may change the capped amounts as needed by resolution of the council. For fines assessed under this section, it is within the discretion of the enforcement officer or other official authorized to issue such fine to determine the fine amount or any applicable reduction as the case may be in the interest of justice. (E) When a violation at issue in an administrative citation subject to a fine or penalty pertains to any violation of title V (Building Regulations) or the title VI (Planning and Zoning), that does not create an immediate danger to health or safety, the responsible party(ies) shall be provided a reasonable period of time, not longer than thirty (30) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. Notwithstanding the foregoing, immediate imposition of administrative fines or penalties for the violation of title V (Building Regulations) or the title VI (Planning and Zoning) may be had if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is required in such circumstance if all of the following are true: (i) A tenant is in possession of the property that is the subject of the administrative action; (ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; (iii) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(F) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code is committed, continued or permitted by any such person, and he shall be punishable accordingly.
SECTION 4. TMC section 1-1-12 is hereby amended as follows:
1-1-12: ADMINISTRATIVE ENFORCEMENT:
Ordinance No. 852-23
The following employees, agents and/or persons are authorized to enforce the provisions of this code:
city manager, assistant city manager, public works director, public works foreman, wastewater treatment plant superintendent, community services officer, code enforcement officer, building official, building inspector, city engineer, director of planning and building, humane officer and sworn officers of the police and fire departments.
Pursuant to Government Code section 37104, et seq., the legislative body may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it and the subpoenas shall be signed by the Mayor and attested by the city clerk.
SECTION 5. TMC section 1-1-13 is hereby amended as follows:
1-1-13: CRIMINAL PROSECUTION:
The city attorney or his designated representative, are authorized to prosecute criminal violations of this code in the Superior Court of California, Kern County.
SECTION 6. TMC section 1-2-4 is hereby added as follows:
1-2-4: ENFORCEMENT:
The City Council may by ordinance authorize any officer or employee who has the duty to enforce a statute or ordinance to arrest persons for violations of such statute or ordinance as provided in section 836.5 of the Penal Code of the state of California. Such public officer or employee may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is in violation of a statute or ordinance which the employee has the duty to enforce.
SECTION 7. TMC section 1-2-5 is hereby added as follows:
1-2-5: CODE ENFORCEMENT OFFICERS – AUTHORITY TO ARREST:
It is the duty of city code enforcement officers to enforce the provisions of this code and any code enforcement officer is authorized to arrest any person without a warrant whenever the code enforcement officer has a reasonable cause to believe that the person arrested has committed a misdemeanor or infraction in the code enforcement officer’s presence which is a violation of this code.
SECTION 8. TMC section 1-1-14 is hereby added as follows:
1-1-14: RECOVERY OF ATTORNEYS’ FEES; PREVAILING PARTY:
(A) Recovery authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the City shall not preclude the City from recovering its attorneys' fees and costs administratively or through another process as provided by law.
(B) A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code, Ordinance No. 852-23
uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the responsible party.
SECTION 9. TMC section 1-3-2 is hereby amended as follows:
1-3-2: NONEXCLUSIVE REMEDY:
This chapter is just one method of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III.
SECTION 10. TMC section 1-3-3 is hereby amended as follows:
1-3-3: DEFINITIONS:
As used in this chapter:
BUILDING VIOLATION: Any violation of any of the uniform codes adopted pursuant to the adopting ordinance, or any violation of the zoning regulations set forth in titles III, V, and VI of this code.
CITATION OR ADMINISTRATIVE CITATION: A citation issued pursuant to this chapter.
DAYS: Calendar days.
ENFORCEMENT OFFICER: The code enforcement officer, the building official, the fire marshal, the planning public official, the chief of police, or their designees, or any other individual or body appointed by the City Council or city manager to enforce codes and who is authorized to enforce the law.
PERSON: An individual, association, partnership, political subdivision, government agency, municipality, limited liability company, public or private corporation, firm, organization, joint venture or any other entity.
RESPONSIBLE PARTY: An individual, association, partnership, political subdivision, government agency, municipality, limited liability company, public or private corporation, firm, organization, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of laws, including a person who causes a code violation to occur; a person who maintains or allows a code violation to continue, by his or her action or failure to act; a person whose agent, employee, or independent contractor causes or maintains a code violation by its action or failure to act; a person who is the owner of, and a person who is a tenant, lessee or sublessee with the current right of possession of real property where a property-related code violation occurs; a person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises; and a person who is the beneficiary under a deed of trust for the property where a property-related code violation exists and that person has not corrected the violation within fifteen days after being notified of the violation and the fact that the trustor under the deed of trust is no longer living on the property and his or her whereabouts are unknown.
SECTION 11. TMC section 1-3-4 is hereby amended as follows:
1-3-4: ADMINISTRATIVE CITATION:
Ordinance No. 852-23
(A) Upon discovering or observing any violation of the municipal code or other law the City is authorized to enforce, an enforcement officer may issue an administrative citation, in a form approved by the city manager, to the responsible party or responsible parties, with the following contents:
1. Date and location of the violation(s), including the street address, if any, and the approximate time the violation(s) were observed;
2. Section(s) of the code violated and brief description of how the section(s) are violated; if the citation is for a violation of the Code of Building Regulations set forth in section 5- 1-3 of title V, the citation shall include a statement specifying the behaviors or conditions which constitute the violation;
3. Description of the action required to correct the violation(s), if applicable; and if applicable, the date by which the violation must be corrected;
4. Order to the responsible party to report to the issuing enforcement officer when each cited violation is cured, along with the responsible party’s necessary contact information for the enforcement officer to verify;
5. Statement explaining the consequences of failure to correct the violation(s), including the City pursuing additional enforcement action under the code to obtain compliance;
6. Amount of fine imposed for the violation(s) as set forth in section 1-1-11 with explanation of how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine;
7. Right to contest the validity of the violations found in the administrative citation with reference to the appeal process under section 1-3-8 and the name and address of the office of the city manager for purposes of filing any notice of appeal; and
8. Signature of the enforcement officer.
(B) The enforcement officer shall attempt to issue the citation to the responsible party for any violation of this code. For purposes of issuance of a citation to an entity, the citation may be issued to the person in immediate control of the entity on site at the time of the issuance of the administrative citation and fine (as determined by the enforcement officer’s observation), the person or entity registered as the agent for service of process of the entity through the California Secretary of State, or the registered agent of the entity on file with the City if the entity has a business license with the City, as the case may be.
(C) Whenever any document, notice, or administrative citation is required to be served under this section, unless specifically provided otherwise, it may be served by any one of the following methods:
1. Personal service on the party.
2. First-class or certified mail to the party at that party’s last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this code exists.
3. For any parties that reside at, or occupy, the property upon which a violation of this code exists, by posting in a conspicuous place on said property.
4. For any party registered with the Secretary of State, by certified mail to that party’s agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Ordinance No. 852-23
Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.
5. By email to the party when an email address is provided by that party and service by email is agreed to by that party.
Service by mail shall be deemed effective upon deposit in the mail. Service by posting shall be deemed effective at the time of posting. Service by email shall be deemed effective at the time of emailing. The failure of any party, or any other person with a legal or equitable interest in the property upon which a violation of this code exists, to receive any notice or administrative citation served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice.
SECTION 12. TMC section 1-3-5 is hereby amended as follows:
1-3-5: ADMINISTRATIVE FINES AND PENALTIES:
(A) Any person violating any provision of this code, as amended from time to time, may be subject to the assessment of civil fines and penalties as provided in section 1-1-11 of this code pursuant to the administrative procedures established in this chapter and authorized by Government Code section 53069.4.
(B) Any person violating any provision of the code or other law the City is authorized to enforce may be issued an administrative citation by any enforcement officer described in section 1-3-3. (C) A separate civil fine for each violation of the code may be assessed by means of one administrative citation.
(D) Each day a violation persists is a separate offense. (E) Administrative fines shall be paid to the City within 20 days from the date of service of the administrative citation, unless an appeal is timely and properly requested as provided in section 1-3-
8. If a timely and proper appeal is requested, payment of the administrative fines is governed by section 1-3-8.
(F) Payment of any fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City. The failure of any person to pay any fine assessed by administrative citation within the time specified on the administrative citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be ten percent of the total amount of the civil fine due and owing.
SECTION 13. TMC sections 1-3-6, 1-3-7, 1-3-8, 1-3-9, 1-3-10, 1-3-11, 1-3-12, 1-3-13, 1-3-14, 1-3-15, and 1-3-16 are hereby deleted.
SECTION 14. TMC section 1-3-6 is hereby added as follows:
1-3-6: COLLECTION OF UNPAID FINES AND FEES:
(A) The City shall collect delinquent fines and any associated late fee as allowed by law. The City Council may set by resolution such late fees.
SECTION 15. TMC section 1-3-7 is hereby added as follows:
1-3-7: HARDSHIP WAIVER FOR FINES:
(A) When the City imposes a second or third fine pursuant to section 1-1-11 C.2, C.3, D.2, D.3, and D.4, any person who has made a bona fide effort to comply after the first violation and who would Ordinance No. 852-23
suffer an undue financial burden if required to pay the full amount of a second or third fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting the city-approved application form for a fine hardship waiver (hereafter the “fine hardship waiver”). This fine hardship waiver form and all required accompanying records must be submitted within 20 days of issuance of the fine to the city clerk, 209 E. Kern St., Taft, CA 93268. (B) To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the person’s bona fide effort to comply after the first violation and substantiation on the person’s suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the person’s bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person’s undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for 12 months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person’s fine hardship waiver application, the City will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.
(C) The City via its city manager or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail. (D) Payment of the fine shall be due within 20 days of the issuance of the fine, however, in cases where a written decision on the fine hardship waiver has not been issued before expiration of that 20 day period, payment shall be due within 7 days of the date the decision is deposited with the U.S. Postal Service. Payment shall be made to the city clerk, 209 E. Kern St., Taft, CA 93268. In the event the city clerk does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth by the Council; and (2) the City may take further action to ensure payment as provided by law. (E) Should a fine hardship waiver be granted, the amount in the City’s written decision shall be controlling for purposes of the fine amount for any administrative hearing requested under section 1-3-8.
SECTION 16. TMC section 1-3-8 is hereby added as follows:
1-3-8: APPEAL OF ADMINISTRATIVE CITATION:
Appeals shall follow the procedures set forth below:
(A) Any responsible party issued an administrative citation may contest the validity of the violations found in the administrative citation by filing an appeal with the office of the city manager on a City-approved hearing request form within 20 days from the date of service of the administrative citation setting forth the grounds for the challenge to the validity of the violations found in the administrative citation. The request may be for an in-person hearing or a hearing by written declaration.
(B) If an in-person hearing is requested, the City shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting Ordinance No. 852-23
the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least 10 days prior to the date of the administrative hearing. (C) If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the administrative citation and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision. (D) The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the violations found in the administrative citation to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and responsible party who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and responsible party who sought the appeal. (E) Failure by any responsible party to timely and properly appeal an administrative citation as provided in this section shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party’s liability for the cited violations, a waiver of the responsible party’s right to contest the administrative citation, and a failure by the responsible party to exhaust that party’s administrative remedies. The administrative citation along with any imposed fines shall be deemed final if no timely or proper appeal is made, and any such imposed fines shall be immediately payable.
(F) If a responsible party to which an administrative citation is issued fails to timely and properly appeal an administrative citation in accordance with this section, the City may withhold permits, licenses, and other approvals related to the property upon which a violation of this code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.
(G) Upon the timely and proper appeal of an administrative citation, the administrative fines assessed in connection with that administrative citation shall be stayed pending the decision on the appeal.
SECTION 17. TMC section 1-3-9 is hereby added as follows:
1-3-9: ADMINISTRATIVE HEARING PROCEDURES:
Administrative hearings shall follow the procedures set forth below:
(A) An in-person hearing before a hearing officer shall be set for a date that is not less than 20 days and not more than 45 days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This timeframe may be extended by necessity by the City or the hearing officer or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the administrative citation, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer’s decision. (B) If the responsible party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party’s liability for the cited violations, a waiver of the responsible party’s right to contest the administrative citation, and a failure by the responsible party to exhaust that party’s administrative remedies. The administrative citation along with any imposed fines shall be deemed final in such case and any such imposed fines shall be immediately payable.
Ordinance No. 852-23
(C) If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the responsible party that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hearing officer’s decision.
(D) If a hearing by written declaration is requested, the hearing officer shall review the responsible party’s written declaration(s) and the enforcement officer’s and/or relevant city departments’ report(s) within 30 days of receipt. Within those 30 days, the hearing officer may request additional briefing or evidence from the responsible party and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the hearing officer’s decision.
(E) Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party’s case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The City bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The administrative citation, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Government Code section 37104, et seq.
SECTION 18. TMC section 1-3-10 is hereby added as follows:
1-3-10: PROCEDURES FOR SELECTION OF HEARING OFFICER FOR ADMINISTRATIVE HEARING; DECISION:
Procedures relating to hearing officers and decisions are set forth below:
(A) The city manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this section. A hearing officer shall be a neutral third-party contracted by the City and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer’s compensation and costs shall be paid by the City. The hearing officer’s compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.
(B) Not later than 30 days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than 30 days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested administrative citation. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the decision. (C) The decision shall set forth the facts relied on, the legal standards, and the reasons for the decision along with notice of the right to appeal and shall be served on the appealing responsible party and the enforcement officer. The decision shall be final. Failure to receive the decision shall not invalidate the administrative citation or the decision. (D) All upheld and awarded administrative fines shall be paid by the responsible parties to the City within 20 days from the date the decision is served.
SECTION 19. TMC section 1-3-11 is hereby added as follows:
Ordinance No. 852-23
1-3-11: APPEAL TO SUPERIOR COURT:
(A) Notwithstanding section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the decision, any party to the hearing may seek review of the decision by filing an appeal with the Superior Court of the State of California for the County of Kern, in accordance with Government Code section 53069.4, subdivision (d). That party shall serve upon the city clerk, either in person or by first-class mail, a copy of the notice of appeal. If a party fails to timely file a notice of appeal, the hearing officer’s decision shall be final and that party’s right to appeal shall be deemed waived and terminated.
(B) Once the appeal period has expired, the City may file an action in the Superior Court of the State of California for the County of Kern to have the Decision confirmed as a judgment.
SECTION 20. TMC chapter 4 of title III is hereby amended, and is to read in its entirety as follows:
CHAPTER 4
PUBLIC NUISANCES; REAL PROPERTY MAINTENANCE REGULATIONS 3-4-1: TITLE
3-4-2: FINDINGS AND PURPOSE
3-4-3: DEFINITIONS
3-4-4: AUTHORITY AND ENFORCEMENT
3-4-5: DUTY TO PREVENT AND ABATE NUISANCE
3-4-6: NUISANCES SPECIFIED
3-4-7: PUBLIC NUISANCE
3-4-8: SUBSTANDARD PROPERTY
3-4-9: INFORMAL NOTICE OF SUBSTANDARD PROPERTY
3-4-10: FORMAL NOTICE OF SUBSTANDARD PROPERTY
3-4-11: DECLARATION OF SUBSTANDARD PROPERTY
3-4-12: POSTING OF SIGNS
3-4-13: NOTICE AND ORDER TO ABATE
3-4-14: REQUEST FOR AND HEARING TO CONTEST NOTICE AND ORDER TO ABATE 3-4-15: ADMINISTRATIVE HEARING; PROCEDURES
3-4-16: HEARING DECISION
3-4-17: ABATEMENT AFTER HEARING DECISION OR FAILURE TO REQUEST HEARING OR
OTHER WAIVER OF CONTEST TO NOTICE AND ORDER TO ABATE
3-4-18: EMERGENCY ABATEMENT
Ordinance No. 852-23
3-4-19: CITY EXPENSES; RECOVERY OF COSTS
3-4-20: RECOVERY OF ATTORNEYS’ FEES; PREVAILING PARTY
3-4-21: RECOVERY OF COSTS; LIEN AND ASSESSMENT
3-4-22: TRIPLE COSTS
3-4-23: JUDICIAL AND OTHER REMEDIES
3-4-1: TITLE:
This chapter shall be known as the NUISANCE CODE, may be cited as such, and will be referred to herein as "this chapter".
3-4-2: FINDINGS AND PURPOSE:
This chapter is adopted pursuant to the City’s police powers and California Government Code sections 38771 through 38773.7, including any successor statutes, for the purpose of defining nuisances and establishing nuisance abatement procedures. Nothing contained in this chapter is intended to, nor shall it, preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code or other applicable law.
The City Council has determined that the quality of life in the City of Taft is directly linked to the character and condition of its agriculture, commercial, industrial and residential neighborhoods. It is the purpose of this chapter to provide maintenance standards which shall serve to enhance the value of land and development within the City, and protect the livability, appearance, social and economic conditions, integrity, and character of the community, and secure the public's health, safety and welfare. This chapter aims to ensure that all properties in the City, whether improved or unimproved, do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of surrounding property, be materially detrimental to nearby properties and improvements, and/or create blight.
It is the expressed purpose of this chapter to declare that property owners shall be responsible for maintaining the land, all structures, landscaping, accessory structures, paved areas, appurtenances, fences and personal property situated on lots and premises in the City, be it improved and unimproved commercial, residential, industrial and open space land located within the City, in a manner required to protect the health and safety of users, occupants and the general public. This responsibility cannot be contracted, transferred, assigned, or conferred to another person or entity. This chapter is intended to promote compliance with the goals, policies and implementation measures of the Taft general plan, specifically by establishing minimum standards and procedures to allow the enforcement of laws within the City, including the abatement of nuisance areas within the City. 3-4-3: DEFINITIONS:
The definitions set forth in TMC sections 1-1-5 and 1-3-3 are applicable to this chapter. 3-4-4: AUTHORITY AND ENFORCEMENT:
(A) Authorized Representatives. The enforcement officer is authorized to enforce all provisions of this chapter, including conducting inspections and taking such actions as may be required by this chapter to abate nuisances.
(B) Inspection of Premises. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance or hazard or there is a reason to believe that a condition of nonconformity exists, the enforcement officer may request to enter the Ordinance No. 852-23
property at a reasonable time for the purpose of inspection. If the property is occupied, entry shall be requested and appropriate identification shall be presented. If the property is unoccupied, a reasonable effort, as deemed appropriate by the enforcement officer shall be made to locate the property owner and to obtain the right of inspection in accordance with State law. The City may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect. Inspections may include taking of photographs, samples, or other physical evidence. No person attending any inspection of a commercial property shall have a financial interest, actual or potential, in the outcome of the inspection.
3-4-5: DUTY TO PREVENT AND ABATE NUISANCE:
(A) Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. (B) Every responsible party, including occupant, lessee, or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty. (C) This duty includes any vacant lot or undeveloped parcel, which shall be maintained by the owner or other responsible party especially to prevent the accumulation of trash, rubbish, garbage, overgrown vegetation or debris. If such conditions exist:
1. Upon written notice to the owner of record, by mail to the last mailing address as listed in the county tax assessor's records or obtained from RealQuest, that the lot or parcel is the site of dumping or contains trash, rubbish or garbage, overgrown vegetation the owner shall remove all such trash, rubbish, garbage, overgrown vegetation or debris within the time stated in the notice.
2. Upon two (2) or more violations of this subsection within a twenty-four (24) month period, the property owner shall, at the owner's expense, erect a fence around the vacant lot or parcel of sufficient height and strength to prevent illegal dumping and/or the unlawful accumulation of trash, rubbish, garbage, overgrown vegetation or debris and/or unauthorized entry within thirty (30) days of the second notice of violation. The second notice of violation shall include a notice that a fence is required under this subsection.
3. If the property owner, after being given written notice that a fence is required, fails to erect such fence within thirty (30) days of the written notice, the City may apply for an abatement warrant to erect such fence, and upon obtaining the warrant shall erect the fence. All costs of obtaining the warrant and erecting the fence shall, at the City's sole election, be recovered by the City pursuant to sections 3-4-19–3-4-22.
4. It is unlawful for any person or entity to remove, damage, breach or in any way interfere with a fence erected under this subsection. The property owner shall at all times properly maintain such fence, including repair or replacement, in the event of damage or deterioration.
The property owner may apply in writing to the city manager to remove a fence erected under this subsection in the event the lot is being developed and all necessary grading or building permits have been obtained. Such permission shall not be withheld if such permits have been issued or if the lot or parcel is no longer vacant.
3-4-6: NUISANCES SPECIFIED:
The following are hereby declared to be nuisances within the City of Taft:
Ordinance No. 852-23
(A) Nuisances Under Law
1. Any nuisance known at common law or in equity jurisprudence;
2. Any nuisance as defined by State law, including California Civil Code sections 3479 and 3480;
3. Any condition caused or permitted to exist in violation of any provision of the Taft Municipal Code, codes or other laws adopted by the City of Taft, or State or Federal law enforceable by the City as well as any condition of approval, permit, or other authorization given by the City of Taft or other governing jurisdiction;
4. Any condition or use of property in violation of the provisions of the Taft zoning ordinance; and
5. Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare.
(B) Nuisances Affecting Land, Landscapes, Lots
1. Any condition of vegetation overgrowth, dirt or land erosion which encroaches into, over or upon any public right-of-way, including, but not limited to, streets, alleys or sidewalks, so as to constitute either a danger to the public safety or an impediment to public travel;
2. Excessive overgrowth of vegetation, dead, decayed or diseased trees, growth of weeds or deposit of garden waste that are likely to harbor rats or vermin and constitute a fire or health hazard. Weeds include plants which bear seeds of a downy or wingy nature and any other plants, including tumbleweeds, which attain such large growth as to become, when dry, a fire menace to adjacent property, plants which are otherwise noxious or dangerous when the conditions of growth are such as to constitute a menace to the public health, dry grass, stubble, brush, refuse or other combustible material which endangers the public safety by creating a fire hazard;
3. Overgrown, dead trees, weed, debris or other vegetation causing detriment to neighboring properties or property values, creates a condition considered dangerous to the public health, safety and general welfare due to a variety of factors, including, but not limited to, obstruction of vehicular line of sight, impairment of vehicular traffic or the ability to clearly observe safety signs and signals, or constitute an unsightly appearance that has the potential to degrade or negatively impact the appearance of surrounding properties;
4. The accumulation of lumber, junk, trash, debris or salvage materials so as to be visible at ground level from a public street, alley or from adjoining property, except that nothing herein shall preclude the placement of firewood when stacked in accordance with applicable health and fire codes for use on the premises;
5. Poison oak and poison ivy when the condition of growth is such as to constitute a menace to the public health;
6. Any dangerous land conditions or land instability;
7. The accumulation of animal feces or animal-related wastes;
8. Any yard that is in public view, in which the lack of landscaping, irrigation or maintenance results in the exposure of an area greater than six (6) square feet of bare dirt or is substantially dissimilar to the condition of landscape on surrounding properties. This Ordinance No. 852-23
requirement does not apply to that portion of a lot which is under cultivation of a crop or orchard, or which is landscaped with shrubs or ornamental plant material;
9. The covering of the required landscape area in any yard in public view, with unnatural or synthetic materials whose general use is not intended for use as outdoor landscape material, such as but not limited to, carpet, plastic sheeting, or paper products;
10. Storage of landscape debris in any yard in public view, for a period of time exceeding seven (7) calendar days unless screened from view by a five-foot-high wall or opaque fence;
11. Refuse, rubbish, or nuisance waste due to any construction activity that accumulates in any yard for a period exceeding seven (7) calendar days, unless it is screened from public view by a five-foot-high wall or opaque fence;
12. Storage of construction equipment, machinery, or building materials in any yard for a period of time exceeding seven (7) calendar days, unless they are screened from view by a fivefoot-high wall or opaque fence. If building materials are kept for a period of time greater than seven (7) days on any property, they shall be kept out of public view, and stacked in an orderly manner at least six (6) inches off the ground so as to reduce the likelihood of attracting rats, rodents or vermin;
13. Any gardening items and related equipment stored in the front yard or in a side yard or back yard abutting a street for a period in excess of seven (7) calendar days, unless they are screened by a five-foot-high wall or opaque fence; and
14. Any property not maintained in accordance with the following landscaping requirements:
Landscaping shall be maintained (watering, fertilizing, weeding, mowing, pruning, etc.) by the landowner (unless otherwise noted in a rental agreement and/or contract between the landlord and tenant) in accordance with the following: Sites shall be kept clean and maintained at all times. Weeds and trash (wind blown or otherwise) shall not be allowed to accumulate on the site. Vegetation shall receive sufficient water and other required customary care to maintain health and vigor to the maximum extent possible. Pruning and mowing shall be used to maintain plant health and vigor while enhancing its form and structure. Lawn/grass turf blades shall be maintained to not exceed eight inches from grade in height. All dead or obviously unhealthy plant material shall be replaced with new material which is comparable to original installation.
(C) Nuisances Affecting Structures and Structural Components Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to, walls, fences, pools, slabs and utility extensions, which exhibit any of the following conditions are deemed to be nuisances:
1. Buildings or structures or significant sections thereof including, but not limited to, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially broken, deteriorated, or defaced;
2. Additions, alterations or modifications to the structure, roof, or fences and walls which are not compatible with the existing structure or features such as doors, windows, screens, roofs, rooftop appurtenances, fences, walls, or architectural treatment, not consistent with existing construction, or is substantially dissimilar to surrounding property;
3. Any roof, or portions thereof, that is damaged, dilapidated, or inadequately or improperly maintained such that it is structurally unsafe, or allows penetration of water to the substructural elements such as sheathing, roofing felt, rafters, or ceiling, or exposes sub- Ordinance No. 852-23
structural elements to view, or is missing roof material, or is substantially dissimilar to surrounding properties;
4. Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance;
5. Garage doors that are missing, broken, sag or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance;
6. Any portion of a building which are structurally unsafe, damaged, dilapidated, in nonconformance with specific provisions mentioned elsewhere in the zoning ordinance or approved development plans either entirely or in part, or which constitute a fire or other hazard;
7. Any portion of a building that is unpainted or untreated so as to expose raw building material to the elements or which is visible from any public right-of-way, street or alley and have faulty weather protection;
8. Have crumbling, cracked, missing, broken or loose exterior stucco or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors;
9. Unpainted buildings causing dry rot, warping and termite, insects, or vermin infestation, or have paint which is cracked, peeled or blistered rendering the building in such a state of disrepair as to be unsightly;
10. Broken windows or doors constituting hazardous conditions and inviting trespassers and malicious mischief;
11. Any portion of a building which has damaged woodwork or wall coverings including, but not limited to, unpainted surfaces, chipped or peeling paint, damaged brickwork, stonework, stucco, or wood;
12. Are abandoned, partially destroyed or left in a state of partial construction and where the appearance or other conditions of any such building or structure substantially detracts from the appearance of the immediate neighborhood, have windows containing broken glass, or no glass at all where the window is of a type which normally contains glass, thereby creating hazardous conditions and inviting trespassers and malicious mischief. Plywood or other similar material (of at least one-half-inch thickness) shall be used to cover such window space. When such covering is required for an extended period of time, the material shall be painted in a color or colors consistent with the remainder of the structure;
13. Are unoccupied and have been left unlocked or otherwise open and unsecured from intrusion by persons, animals or the elements;
14. Have exterior walls, fences, driveways, sidewalks or landscape elements which do not require a building permit and which are in a hazardous condition, or hinder free access to public sidewalks, or are in such a state of disrepair as to be unsightly;
15. Any swimming or architectural pools or spas not properly maintained so as to create a safety hazard or harbor insect infestation, or create a visible deteriorated or blighted appearance, including but not limited to: water in such pools or spas which has been allowed to stagnate, or to become stale or foul through lack of circulation; pools in which the bottom and sides of the pool or spa are not reasonably free of sediment, dirt, slime and Ordinance No. 852-23
algae; water not sufficiently clear so that the main drain outlet is clearly visible to an adult standing on the pool deck; pools that have the presence of garbage, refuse, debris, papers, or any other foreign matter that creates an unhealthy or unsafe condition; a lack of fencing or other barriers required for swimming pool and spa enclosures required by law, and premises constituting a safety hazard inclusive of, but not limited to, lack of security, water stagnation, or abandoned pools, regardless of whether or not there is water in the pools;
16. Pools, spas, fountains, ponds and tanks which are not maintained in a safe and sanitary manner;
17. Grading which does not meet the minimum standards of the City or any other County or state law regulating grading; and
18. Freestanding mailboxes that are not maintained in good repair or are not structurally intact. (D) Nuisances Affecting Sanitation and Blight
1. Outdoor storage, so as to be visible at ground level from a public street or from adjoining property, as a part of a continuing practice, of any of the following items:
(a) Broken or discarded furniture, appliances, boxes and containers, play equipment, toys and similar household articles;
(b) Abandoned, inoperative, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles; (c) Discarded, wrecked or inoperable machinery and tools; (d) Salvage materials, scrap metal or other building and construction materials including, but not limited to, dirt, sand, gravel, lumber, concrete, tile, rocks, bricks and other similar materials;
(e) Waste matter, litter, trash, or refuse;
(f) Stagnant water or excavations;
(g) Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition; or
(h) Commercial equipment maintained on any part of any residential property.
This subsection does not prohibit machinery installed in the rear setback areas for household or recreational use, furniture designed and used for outdoor activities, trash cans in the front yard during the twenty-four-hour period allowed for garbage pick-up and garbage bins when employed in construction for which a valid building permit has been issued by the City.
2. Inadequate or unsanitary sewerage or plumbing facilities;
3. Property that repeatedly has been the situs of nuisance activity, including but not limited to: disturbing the peace, illegal drug activity, public drunkenness, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination, acts of lewd conduct, unreasonably loud noise, or excessive littering;
4. Graffiti which includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti”;
Ordinance No. 852-23
5. Defaced, illegal, unmaintained or unsafe signage;
6. Unmaintained or broken irrigation systems;
7. Unmaintained garbage or trash cans, dumpsters or receptacles that are visible from public rights-of-way or which cause offensive odors or constitute a source of wind-blown trash or debris to adjacent properties or stored in front or side yards and visible from the public street except when placed in places of collection at the times permitted;
8. Unmaintained grease traps, dirt-filled, oil-filled or debris-filled loading areas, parking lots and trash enclosures;
9. Clothesline in front yard areas;
10. Property, including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable depreciation of the property values of surrounding property or is materially detrimental to proximal properties and improvements; and
11. Maintenance of premises so out of harmony or conformance with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.
(E) Attractive Nuisances
Any attractive nuisance which may cause an immediate threat to the health, safety and welfare of the general public and specifically attractive to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors.
These conditions include, but are not limited to the existence of, maintenance of, or the scattering of any of the following over the property or premises for any duration of time:
1. Hazardous pools, ponds, excavations and piles of dirt;
2. Polluted water;
3. Neglected, abandoned or unattended machinery or furniture or household equipment, including abandoned, discarded or unattended objects such as stoves, refrigerators, freezers, cans, containers or packing boxes;
4. Graffiti (permitting or allowing any graffiti to remain on any building, wall, fence or structure for a duration longer than seventy-two (72) hours);
5. Clotheslines in the front yard;
6. Unoccupied buildings or structures not secured and accessible to persons not authorized to use such structures and which pose a threat to the safety of the public;
7. Excessive amount of oil spillage in driveway;
8. Abandoned and broken equipment, or
9. Neglected machinery.
Ordinance No. 852-23
(F) Nuisances Caused By Vehicles
1. For all residential, recreational, entertainment and tourist facilities, commercial, industrial, institutional, and other high intensity uses in any improvement area, the parking or storage of motor vehicles, trailers, campers, boats, and other mobile equipment shall be surfaced with one of the following materials on a prepared base:
(a) Two inches (2") of asphaltic concrete; or
(b) Three and one-half inches (31/2") of Portland concrete.
2. Parking, storing, or keeping of any motor vehicle within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection, the driveway shall be limited to:
(a) One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s); (b) Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway, which shall not exceed 12 feet in total width, leading directly in a straight line from the public right-of-way to the rear portion of the lot;
(c) One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by subsection (A)(10)(c) of this section on the same side of the lot as the principle attached front yard garage or carport; and
(d) One circular driveway on a lot with a minimum frontage of 80 feet with no other driveway leading to an approved garage, carport, rear yard or side yard parking area, subject to the approval of the City Traffic Engineer. Any such circular driveway shall not exceed 20 feet in width between the interior and exterior arcs and shall be abutted by a maintained landscaping area on both interior and exterior arcs. Parking any vehicle on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited.
3. Parking, storing or keeping of any recreational vehicle, trailer, boat, or camper within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection only, the driveway shall be limited to:
(a) One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s); (b) Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway which shall not exceed 12 feet in width, leading directly in a straight line from the public right-of-way to the rear portion of the lot; and
(c) One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by subsection (A)(10)(c) of this section on the same side of the lot as the principle Ordinance No. 852-23
attached front yard garage or carport. Parking any recreational vehicle, trailer, boat, or camper on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited.
4. Parking, storing or keeping of any motor vehicle within that area of a residential lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway to an approved side yard or rear yard garage or carport;
5. Parking, storing or keeping of any recreational vehicle, trailer, boat or camper within that area of a residential lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway leading to an approved side yard or rear yard garage or carport;
6. Parking, storing or keeping of any recreational vehicle, trailer, boat or camper that encroaches on sidewalks or roadways or violates any other requirement of this code;
7. Unmounted campers or camper shells stored in the front yard, side yard or driveway areas;
8. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values;
9. Inoperable, unregistered, or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values;
10. All vehicles being stored or undergoing repairs, maintenance, or restoration must be registered to the property address and screened from public view by a minimum five-foothigh wall or opaque fence; and
11. Commercial vehicles that are being stored, parked, garaged, or maintained in a residential zone, unless loading or unloading.
(G) Other Nuisances
1. Conditions which, due to their accessibility to the public, may be hazardous or dangerous, including but not limited to:
(a) Unused or broken appliances such as refrigerators, freezers, and similar storage chests;
(b) Excavations, wells, shafts, pits and unsecured cellars or basements; (c) Machinery that is inadequately secured or protected; (d) Buildings that stand vacant for more than thirty consecutive days, unless the enforcement officer finds in writing that any of the following applies:
(1) The building is the subject of an active zoning or building permit application or permit for repair or rehabilitation and the owner is progressing diligently to obtain such zoning or building permit or to complete the repair or rehabilitation.
Ordinance No. 852-23
(2) The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(3) The enforcement officer may grant an extension up to twelve months for properties inherited or under probate.
(4) The enforcement officer may waive the time limit to remedy a blighted building in cases where an event such as fire, flood, or earthquake interferes with the owner's ability to complete the corrective action within the specified time.
2. Excessive individual ornamentation or architectural elements not in keeping with the overall character of a neighborhood;
3. Portions of any property used in such a manner or neglected to an extent, which subjects adjacent properties to any of the following: intense visible light; vibrations; excessive sound; electro-mechanical or electromagnetic disturbance; radiation; air or water pollution; dust, smoke, or other emissions of odorous, toxic, or noxious matter; or unsightly refuse or waste; and
4. Any water, activity, or use or property that supports the development, attraction, or harborage of vectors.
3-4-7: PUBLIC NUISANCE:
Any condition qualifying as a nuisance as defined in section 3-4-6 as well as any violation of this chapter, any other provision of the Taft Municipal Code, adopted or uniform codes of the City, or State or Federal law enforceable by the City shall constitute a public nuisance subject to abatement by any means available by law.
3-4-8: SUBSTANDARD PROPERTY:
Any property within the City determined to be a nuisance or having nuisance conditions as defined in this chapter shall also constitute a substandard property, and subject to the procedures applicable to substandard properties in this chapter.
3-4-9: INFORMAL NOTICE OF SUBSTANDARD PROPERTY:
When the enforcement officer has determined an property is substandard, as defined in this chapter, in addition to any notices hereafter provided by this chapter, the enforcement officer may give to the owner of the substandard property and to any other person whom he or she deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply and any other information deemed expedient. The enforcement officer may post such information on the substandard property.
3-4-10: FORMAL NOTICE OF SUBSTANDARD PROPERTY:
(A) If, in the opinion of the enforcement officer, a property is found to be substandard, as defined in this chapter, the enforcement officer shall give to the owner and any other responsible party concerned, as identified by the enforcement officer, written notice stating the conditions which make the property substandard.
(B) The notice may require the owner to remove within 30 days, or within another time limit which the enforcement officer may determine, the conditions which cause the property to be substandard, and if, in order to comply with such notice it is necessary to remove any vehicle or any part thereof, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site.
Ordinance No. 852-23
(C) Proper service of the notice shall be by personal service or by registered or certified mail upon the owner and any other responsible party concerned, and by posting a copy of the notice on the substandard property. When no address is available for the owner or any other responsible party concerned from the county assessor’s or county recorder’s records or contact cannot be made at the identified address from the county’s records, the service shall be by posting a copy of the notice on the substandard property.
(D) Issuance of this formal notice does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the formal notice established by this section to enforce this code or other applicable law. 3-4-11: DECLARATION OF SUBSTANDARD PROPERTY:
The enforcement officer may record on title to the property through the Kern County Assessor Recorder a declaration that a substandard property has been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. The costs incurred by the enforcement officer in the investigation of such properties, issuance of notices with respect to such properties, preparation of the declarations under this section, and notification of concerned parties under this section, shall be due prior to release of such declaration from title. After the enforcement officer finds that the nuisances triggering the designation of substandard property have been abated and either that such abatement has been accomplished at no cost to the City, or such costs have been placed upon the tax rolls as a special assessment pursuant to section 25845 of the Government Code, or that the enforcement officer’s jurisdiction has been prompted by government acquisition of the property, the enforcement officer shall record a document terminating the declaration through the Department of Registrar-Recorder.
3-4-12: POSTING OF SIGNS:
The enforcement officer shall cause to be posted at such substandard building or property a notice of substandard property and/or a sign to read:
SUBSTANDARD PROPERTY: DO NOT ENTER OR DAMAGE, BY ORDER OF THE CODE ENFORCEMENT DIVISION OR DIVISION OF BUILDING AND SAFETY OF THE CITY OF TAFT.
Taft Municipal Code 3-4, Regulation of Property Maintenance.
Such sign may contain such additional information and warnings that the enforcement officer considers expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup is completed. Such notice or sign shall not be removed without permission of the enforcement officer. No person shall enter except for the purpose of making the required repairs or of demolishing the substandard building except as specifically approved. 3-4-13: NOTICE AND ORDER TO ABATE:
(A) Whenever an enforcement officer determines that any condition, building or premises within the City is being maintained in violation of the provisions of this chapter constituting a nuisance, the enforcement officer shall give a written notice and order to abate to the owner of record as shown on the last equalized assessment roll and also to any other owner or responsible party known to the officer.
(B) The notice and order to abate shall notify the Owner and if applicable, other responsible party(s), that the enforcement officer has determined a nuisance to exist; specify the condition or conditions to be corrected or remedied or actions required to abate, correct or bring the condition into compliance; specify a reasonable period within which this must be accomplished; describe the process to contest the officer’s determination by requesting a hearing; notify that failure to request a hearing will constitute a waiver of the right to a hearing and an admission that the nuisance does exist and that Ordinance No. 852-23
the abatement order is reasonable and justified; and notify the responsible party(s) that in the event of the owner’s failure to correct the nuisance within the time prescribed, the City may cause the nuisance to be abated and the cost incurred on behalf of the City to become a lien or special assessment on the property, in accordance with the provisions of this chapter. The notice and order to abate may be served as part of or in conjunction with an administrative citation. (C) The notice and order to abate may be served in any of each of the following manners:
1. By personal service: on the Owner or responsible party for the property where the nuisance is located; and if applicable, on the person, or agent who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance if different from the Owner or responsible party.
2. By certified mail: Addressed to the Owner or responsible party for the property where the public nuisance is located, at the address shown on the last available assessment roll or as otherwise known; and if applicable, addressed to the known place of business, residence, or dwelling of the person, or agent who permitted, allowed, created, maintained, or authorized the creation or maintenance of the public nuisance if different from the Owner or responsible party.
3. By posting at a conspicuous place on the property where the nuisance is located or abutting public right-of-way.
(D) Issuance of a notice and order to abate does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code or other applicable law. 3-4-14: REQUEST FOR AND HEARING ON CONTEST TO THE NOTICE AND ORDER TO ABATE:
(A) The owner or other responsible party who was issued the written notice and order to abate, as the case may be, may contest the enforcement officer’s determination that a nuisance exists by filing a timely and complete request for an administrative hearing on a City-approved form with the with the office of the city manager within 20 calendar days from the issuance date of a notice and order to abate. Failure to file a request for a hearing in the office of the city manager within the required period shall have waived the right to a hearing and admitted that the nuisances described in the notice and order to abate do exist and that the abatement order is reasonable and justified. In that event, the notice and order to abate issued by the enforcement officer is final. (B) A request for a hearing shall state: the date and number of the notice and order to abate; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why he or she believes there are no violations of law constituting a nuisance identified in the notice and order to abate.
(C) The hearing will be conducted within 60 days of the date a timely and complete request is received by the office of the city manager unless a later date is agreed by the parties. The City will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at the time of mailing. The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter. 3-4-15: ADMINISTRATIVE HEARING; PROCEDURES:
(A) At least three City business days prior to the date set for the hearing, the enforcement officer and the persons requesting the hearing (or their representatives) shall ensure that a copy of all reports, statements or pictures or other evidence they wish to be considered in connection with the hearing is exchanged so that such information may be considered by the hearing officer and all parties Ordinance No. 852-23
to the hearing (by the enforcement officer to each person requesting the hearing and by each person requesting the hearing to the office of the city manager. Such exchange is to occur by first class mail.
However, if the parties agree, the enforcement officer and the person requesting a hearing may exchange copies of their evidence via email in addition to or in lieu of first-class mail. Failure to receive such documents shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter.
(B) The hearing officer designated or appointed by the city manager shall hear all requests for hearings pursuant to this chapter in accordance with the procedures established herein. (C) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the city manager at least three City business days prior to the hearing. If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall issue an abatement order and order in favor of the City.
Notice of such final abatement order shall be given in accordance with section 3-4-13(C). (D) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether violations of law constituting a nuisance as stated in the notice and order to abate exist on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with section 1-1-12. (E) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish, by competent evidence, the existence of the violations of law constituting a nuisance and responsibility therefor, by a preponderance of evidence.
The person requesting the hearing and enforcement officer (or their representatives) shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the City therefor.
The hearing officer may question any person who presents evidence or who testifies at any hearing. (F) Hearings may be continued once at the request of a person requesting the hearing or the enforcement officer who issued the notice and order to abate. The hearing officer may also continue the hearing for cause.
3-4-16: HEARING DECISION:
Based upon the evidence regarding the violations of law constituting a nuisance (or lack thereof) submitted in connection with the hearing, the hearing officer shall determine whether or not the notice and order to abate properly states violations of law constituting a nuisance. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the hearing officer shall render a written decision on the matter.
If the notice and order to abate is upheld, in full or partial, the hearing officer shall issue an order requiring the abatement of the nuisance conditions in a reasonable time and manner as set forth in the order and shall also notify the owner(s) that in the event the responsible party(s) fail to correct the violation of law within the time prescribed, the City may cause the violation of law to be abated and the cost of such abatement will be recorded as a lien or special assessment on the property, in accordance with the provisions of this code. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure section 1094.6. There is no right to an appeal to the City Council. 3-4-17: ABATEMENT AFTER HEARING DECISION OR FAILURE TO REQUEST HEARING OR OTHER WAIVER OF CONTEST TO NOTICE AND ORDER TO ABATE:
Ordinance No. 852-23
At no cost to the City, the owner and other responsible party shall comply with all of the provisions of any final abatement order. If such persons fail, for any reason, to comply with a final abatement order within the time required in the order, the city manager, or his or her designee, may cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City is authorized to take such action as needed to gain entry upon the property where the violations of law exists for purposes of abating those violations. The City may seek a civil abatement warrant through a court of competent jurisdiction.
3-4-18: EMERGENCY ABATEMENT:
Notwithstanding any other provision of this code, whenever the city manager, or his or her designee, determines that a nuisance, as defined in this chapter, or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the city manager, or his or her designee, without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the city manager, or his or her designee, determines is reasonably required. If the city manager, or his or her designee, deems it feasible, the city manager, or his or her designee, shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The city manager, or his or her designee, shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in section 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction. 3-4-19: CITY EXPENSES; RECOVERY OF COSTS:
(A) After the abatement of any nuisance authorized under this chapter, any provision of this code, adopted codes, or provisions of State or Federal law that the City may enforce, unless abatement is achieved through court action, in which case, the City may utilize the procedure in this section if it so determines necessary as the case may be, the City shall thereupon serve the owner of the property where the nuisance exists a statement of costs of abatement. Service shall be made pursuant to section 3-4-13(C). The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the nuisance. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed as provided in this section.
(B) "Costs of abatement" means any costs incurred by the City to abate a nuisance, whether the City causes abatement through civil, administrative or other action, in which case, the City shall be entitled to recover all costs of abatement, including actual costs for abatement, staff costs, administrative costs, and attorneys’ fees if applicable, incurred by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the responsible party. Costs of abatement do not include the costs of investigation, prosecution, or appeal of a criminal case. It is the intention of the City to provide for recovery of all costs of abatement to the maximum extent provided by law. The City may recover such costs of abatement by any means authorized by law.
(C) Request for Hearing On Reasonableness of Costs of Abatement.
1. The owner of the property where the nuisance exists may contest the reasonableness of the costs identified in the City’s statement of costs of abatement by filing a timely and complete request for an administrative hearing on a City-approved form with the office of the city manager, within 20 calendar days from the issuance date of the statement of costs of abatement. Any owner of the property where the nuisance exists Ordinance No. 852-23
who does not file a request for a hearing in the office of the city manager within the required period shall have waived the right to a hearing and admitted the reasonableness of the costs of abatement described in the statement of costs of abatement. In that event, the statement of costs of abatement is deemed a final order.
2. A request for a hearing shall state: the date of the statement of costs of abatement; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why the costs of abatement are not reasonable.
3. The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in sections 3-4-14 and 3-4-15. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the reasonableness of the costs of abatement.
4. Based upon the evidence regarding the reasonableness of the costs of abatement, the hearing officer shall determine whether the costs of abatement in the statement of the costs of abatement were reasonable. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the hearing officer shall render a written decision on the matter. If the costs of abatement were found to be reasonable or the hearing officer found another cost reasonable based on the evidence, the hearing officer shall issue an order requiring the payment of the costs of abatement in a reasonable time and manner as set forth in the order and shall also notify the owner that in the event the owner fails reimburse the City within the time prescribed, the City will have the option to ensure reimbursement in accordance with the provisions of chapter 4,title III and other available remedies under the law. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure section 1094.6.
5. If the owner fails to reimburse the City after a final order, the City will have the option to ensure reimbursement in accordance with the provisions of chapter 4, title III, including sections 3-4-20 through 3-4-21, and other available remedies under the law. 3-4-20: RECOVERY OF ATTORNEYS’ FEES; PREVAILING PARTY:
Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with section 1-1-
14. 3-4-21: RECOVERY OF COSTS; LIEN AND ASSESSMENT:
(A) Lien. Pursuant to California Government Code sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a nuisance as ordered pursuant to this chapter shall be obligated to reimburse the City for all of the City’s costs of abating the nuisance. A nuisance abatement lien in favor of the City for such expenses of the City shall be created and recorded if reimbursement is not made, pursuant to this section. The lien shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the
parcel.
(B) Notice of Proposed Recordings. Prior to the recordation of the lien, an itemized notice of the lien amount and proposed recording shall be served on the property owner of record of the parcel Ordinance No. 852-23
of land on which the nuisance was abated by the City, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure section 415.10, et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days, and publication thereof in a newspaper of general circulation published in the county in which the property is located.
The notice of lien shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of City of Taft)
Pursuant to the authority vested by the provisions of chapter 4, title III of the Taft Municipal Code, the City Manager of the City of Taft (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the city incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under chapter 8.28 and not having been paid nor any part thereof; and said City of Taft does hereby claim a lien against the premises hereinafter described in the amount of $_______ until this amount is paid in full and discharged of record.
The real property above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being within the City of Taft, County of Kern, State of California, and more particularly described as follows:
Property Address:________________________
APN: __________________________________
Legal Description:
________________________________________________________________________________ __________________________________________________________________ Dated this [DAY] of [MONTH], [YEAR].
City of Taft
_____________________________
City Manager (or title of his duly authorized representative) (C) Recording. If the owner fails to pay the lien amount within 10 days of the notice, the City’s nuisance abatement lien shall then be recorded in the Kern County recorder’s office, and from the date of recording shall have the force, effect, and priority of a judgment lien and may be collected in any manner provided by law for collection of judgment liens. (D) Special Assessment. The City’s total costs described in this chapter may, as an alternative to lien procedure provided above, be collected as a special assessment against the lot or parcel on which the nuisance existed in accordance with California Government Code section 38773.5. (E) Notice of Special Assessment. Prior to the special assessment, the City shall give notice to the owner, by certified mail, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
Ordinance No. 852-23
(F) Recording of special assessment. The special assessment may be recorded against the lot or parcel on which the nuisance existed. The recording shall specify that the lot or parcel on which the nuisance existed may be sold after three years by the tax collector for the unpaid delinquent assessments. The notice of special assessment shall be in the form substantially as follows:
NOTICE OF SPECIAL ASSESSMENT
(Claim of City of Taft)
Pursuant to the authority vested by the provisions of chapter 4, title III of the Taft Municipal Code, the City Manager of the City of Taft (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the City incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under chapter 4, title III and not having been paid nor any part thereof; and said City of Taft does hereby claim a special assessment against the premises hereinafter described in the amount of $_______ until this amount is paid in full and discharged of record.
The real property above mentioned, and upon which a special assessment is claimed, is that certain parcel of land lying and being within the City of Taft, County of Kern, State of California, and more particularly described as follows:
Property Address:________________________
APN: __________________________________
Legal Description:
________________________________________________________________________________ ________________________________________________________________________________ Dated this [DAY] day of [MONTH], [YEAR].
City of Taft
_____________________________
City Manager (or title of his duly authorized representative) (G) Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien shall be recorded by the City.
(H) Fees. Any fees or costs incurred by the City for processing, recording of the lien and providing notice to the property owner may be recovered by the City as part of its foreclosure action to enforce the lien.
(I) Cumulative. This mechanism of cost recovery is intended to be cumulative and may be used in conjunction with or in lieu of each other remedy available to the City under the law. 3-4-22: TRIPLE COSTS:
Pursuant to California Government Code section 38773.7, and any successor statutes, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except conditions abated pursuant to Health and Safety Code section 17980, the court may order the owner to pay treble the costs of the abatement.
3-4-23: JUDICIAL AND OTHER REMEDIES:
(A) Nothing in this chapter shall be deemed to prevent the city Attorney or other designated person from:
Ordinance No. 852-23
1. Commencing a civil action in a court of competent jurisdiction to enforce all or any of the provisions of any abatement order;
2. Commencing a civil action in a court of competent jurisdiction to enjoin any violation of this chapter;
3. Commencing a civil action in a court of competent jurisdiction to abate a public nuisance as an alternative to, in conjunction with, or after an administrative proceeding pursuant to this chapter;
4. Commencing a civil action in a court of competent jurisdiction to recover the costs of abatement of a nuisance(s) incurred pursuant to this chapter or other applicable law;
5. Filing a criminal action in a court of competent jurisdiction to enforce this code; or
6. Issuing an administrative citation to enforce this code. (B) Where a civil action is filed, if the court issues an order or a judgment which finds a nuisance to exist, and orders or approves the abatement of the nuisance, or where the court validates the City’s claim for reimbursement for costs of abatement of a nuisance, the court may also award the City its actual and reasonable costs of abatement, including, without limitation, reasonable attorneys’ fees incurred by the City in such judicial proceeding as provided in section 3-4-20. (C) The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
SECTION 21. TMC chapter 4.1 of title III is hereby amended, and is to read in its entirety as follows:
3-4.1-5: EXCLUSIONS:
This chapter shall not apply to:
(A) A vehicle or parts thereof which is completely enclosed within a building in a lawful manner or completely enclosed within a nontransparent solid fence six feet (6') in height so that such vehicle or parts thereof are not plainly visible from the street or other public or private property. (B) Inoperable vehicles located upon a parcel that is (1) not zoned for agricultural use or (2) improved with a residential structure containing one or more dwelling units as provided in Government Code 22661. All other inoperable vehicles may be addressed as provided by the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, or the state, or any other legal entity.
(C) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the Vehicle Code and this chapter.
(D) It shall be unlawful for a licensed automotive dismantler, licensed vehicle dealer, automotive repair shop, body shop, tow company or junk dealer to park, store, or leave or permit the parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in a wrecked, dismantled, or inoperative condition upon any private property, including dealer's own property, unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner or completely enclosed with a nontransparent solid fence six feet (6') or more in height so that such vehicle or parts Ordinance No. 852-23
thereof is not plainly visible from a street or public or private property.
SECTION 22. TMC section 3-4.2-7 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-7: VIOLATIONS AND PENALTIES:
(A) Criminal And Civil Actions: No responsible party, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the building official hereunder.
For purposes of this chapter "person" includes individuals, partnerships, corporations, or other business forms. Notwithstanding any other law, any violation of the provisions of this section or any other provision of this chapter shall be an infraction for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty five thousand dollars ($25,000.00) for each day the violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any provision of this chapter. (B) Reasonable Period To Correct Violations: No fee or penalty shall be assessed for violations of title V (Building Regulations) or the title VI (Planning and Zoning) unless the owner has been provided a reasonable period of time to correct the violation before imposition of the citation, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be no more than thirty (30) days determined in the discretion of the building official, or his or her, designee.
1. Notwithstanding the foregoing, immediate imposition of administrative fines or penalties for the violation of title V (Building Regulations) or the title VI (Planning and Zoning) may be had if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is required in such circumstance if all of the following are true: (i) A tenant is in possession of the property that is the subject of the administrative action; (ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis;(iii)The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(C) Prior Violations: The increased civil penalties, and modification of the crime classification from an infraction to a misdemeanor, shall apply to all violations where a notice and order or other official notice from the City has not been sent to the person in violation prior to the effective date hereof. The civil penalties and crime classification as provided in this code prior to the effective date hereof shall continue to apply to all violations where a notice and order or other official notice of violation was sent by the City prior to the effective date hereof.
SECTION 23. TMC section 3-4.2-9 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-9: APPEALS:
All appeals provided for hereunder shall follow the processes and procedures of sections 3-4-14 and 3-4-17. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the findings and orders provided in a notice and order or notice to vacate issued under this chapter.
Ordinance No. 852-23
SECTION 24. TMC section 3-4.2-13 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-13: NOTICES AND ORDERS:
(A) Commencement Of Proceeding: Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he or she shall commence proceedings to repair, vacate, or demolish the building. (B) Notice And Order: The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of this chapter.
3. A statement that the building official has determined that the building must be repaired or demolished at the option of the owner in the manner and within the time limitations hereinafter specified.
(a) If the owner elects to repair the building, all required permits for repair shall be secured therefor and the work physically commenced thirty (30) days from the date of the order and completed within such time as the building official shall determine is reasonable under all of the circumstances, or
(b) If the owner elects to demolish the building, that all required demolition permits shall be secured therefor and demolition commenced not later than thirty (30) days from the date of the order, and that demolition be completed within such time as the building official shall determine is reasonable.
4. Statements advising that the building official:
(a) If any required repair or demolition work is not commenced within the time specified, may order the building vacated and posted to prevent further occupancy until the work is completed;
(b) May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water); and
(c) May proceed to secure or demolish the building and charge the costs thereof against the property or its owner.
Statements advising: a) that any person having any record title or legal interest in the building may appeal, from the notice and order or any action of the building official, provided the appeal is made in writing, as provided in this chapter, within thirty (30) days from the date of the order; and b) that failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure section 1094.5.
(C) Service Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the building official or disclosed from official Ordinance No. 852-23
public records: 1) the holder of any mortgage or deed of trust or other lien or encumbrance of record; and 2) the owner or holder of any lease of record. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section.
(D) Method Of Service: Service of the notice and order may be made upon all persons entitled thereto under this chapter. Service may be made upon the record owner at his or her or their address as it appears on the latest equalized assessment roll of Kern County, or as known to the building official.
(E) Proof Of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.
(F) Substandard Property Declaration; Expungement Notice: The building official may also issue a declaration of substandard property as provided in section 3-4-10 and/or an expungement notice as circumstances warrant.
SECTION 25. TMC section 3-4.2-17 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-17: APPEAL:
(A) Form Of Appeal: Any person entitled to service under this chapter, and any person who is a tenant may appeal from any notice and order or notice to vacate issued under this chapter by following the procedures of section 3-4-14 within 30 days of the date of the notice and order or notice to vacate, but the written appeal under this section shall additionally contain:
1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
4. The signatures of all parties named as appellants, and their official mailing addresses; and
5. A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.
(B) Appeal Timing, Notice, and Procedures: The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in sections 3-4-14 and 3- 4-17. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the findings and orders provided in a notice and order or notice to vacate issued under this chapter.
SECTION 26. TMC section 3-4.2-17.4, 3-4.2-17.5, 3-4.2-17.6, 3-4.2-17.7, 3-4.2-17.8, and 3-
4.2-17.9 of title III are hereby deleted.
Ordinance No. 852-23
SECTION 27. TMC section 3-4.2-17.4 of title III is hereby added to read in its entirety as follows:
3-4.2-17.4: COMPLIANCE; FINALITY OF DECISION:
In addition to the provisions of sections 3-4-14 and 3-4-17:
(A) If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, then the hearing officer shall order the owner to correct the dangerous conditions or demolish the building within a reasonable time. The hearing officer shall also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish the building within the time set forth in its order that the City may repair, demolish or secure the building pursuant to this chapter or institute an action to compel compliance with its order. The decision is a final decision and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the order shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. Alternatively, if agreement is made in writing, the decision may be emailed to the appellant. (B) The order shall also inform the appellant that the decision of the hearing officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure section 1094.5.
SECTION 28. TMC section 3-4.2-17.5 of title III is hereby added to read in its entirety as follows:
3-4.2-17.5: EFFECTIVE DATE OF DECISION:
The effective date of the decision and the period or periods within which the appellant must comply with the requirements of said decision shall be as stated therein.
SECTION 29. Portions of TMC section 3-4.2-18 subdivisions (A), (B), and (C) of title III are hereby amended, and are to read for the pertinent quoted portions as follows:
(A) General: After any order of the building official or decision of a hearing officer made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.
(B) Failure To Obey Order: If, after any order or decision made pursuant to this chapter has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may: 1) cause such person to be prosecuted under subsection (A) of this section; 2) institute any appropriate action to abate such building as a public nuisance; or 3) demolish or secure the building in accordance with the provisions of this chapter or as provided in the order of the hearing officer. In any action brought by the City to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney fees and costs whether or not the matter proceeds to judgment.
(C) Failure To Commence Work: Whenever the required repair or demolition is not commenced within the time limits prescribed in any final notice and order or decision of the hearing officer issued under this chapter, the following shall apply:
…
SECTION 30. TMC section 3-4.2-21 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-21: CITY ABATEMENT; RECOVERY OF COSTS:
Ordinance No. 852-23
(A) Procedure: When any demolition, securement or other abatement is done or to be done under this chapter by the City, the building official may request city personnel or private contractor(s) to undertake such work. Any and all work to be done by private contract shall be done in compliance with city purchasing requirements.
(B) Costs of abatement: The cost of such demolition, securement, or other abatement work and other authorized costs may be recovered by the City as provided in sections 3-4-19–3-4-21.
SECTION 31. TMC section 3-4.2-22, 3-4.2-22.1, 3-4.2-22.2, 3-4.2-22.3, 3-4.2-22.4 of title III are hereby deleted.
SECTION 32. TMC section 3-4.2-23 of title III is hereby amended, and is to read in its entirety as follows:
3-4.2-23: ABATEMENT OF IMMEDIATELY DANGEROUS BUILDINGS OR STRUCTURES; EMERGENCY ABATEMENT:
(A) If, in the opinion of the building official, there exists a condition on any building or structure and the building official has found and determined that such building or structure is an "immediately dangerous building or structure" as defined in this chapter, and if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject any persons or property to imminent threat, hazard, or danger, the building official, without observing the procedures set forth in this chapter may cause the abatement of the condition in such manner as the building official determines is reasonably required. Such abatement may include demolition, securing, fencing, and vacating the building or structure. If the building official deems it feasible, the building official shall attempt to give the owner and any occupants verbal notice of the existence of the condition, and the proposed timing and method of abatement thereof. The building official shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the condition was located, the place or area upon which the condition was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in section 1-3- 4(C) for service of administrative citations and conspicuously posted on the property containing the abated condition. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction. (B) The city attorney's office or its authorized representative may have the opportunity to review and advise regarding the undertaking of any summary abatement, prior to the commencement of any summary abatement.
(C) The cost of summary abatement including all administrative costs of any action taken under this chapter may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in this chapter.
SECTION 33. TMC section 3-4.2-24 of title III is hereby added, and is to read in its entirety as follows:
3-4.2-24: JUDICIAL AND OTHER REMEDIES
All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law.
SECTION 34. TMC section 3-4.3-7 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-7: PROPERTY MAINTENANCE; DUTY TO MAINTAIN:
Ordinance No. 852-23
(A) Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. (B) Every responsible party, including occupant, lessee, or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.
SECTION 35. TMC section 3-4.3-13 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-13: ABATEMENT PROCEDURE – NOTICE OF VIOLATION:
(A) Whenever the building official has inspected or caused to be inspected any property and has found and determined that such property is in violation of this chapter, the building official shall commence proceedings to cause abatement of the nuisance as provided in this section. (B) Upon determining that property located in the City of Taft is improperly secured or boarded or secured without a boarding permit obtained through the Building Department is in violation of this chapter, the building official shall issue a notice of violation directed to the owner of the property. The notice shall contain:
1. The street address and such other description as is required to identify the property;
2. A statement which specifies the conditions which constitute the violation;
3. An order that the owner obtain a boarding permit from the Building Department and properly board the property or, as appropriate, secure the openings in the building or structure by the conventional method used in the original construction and design of the building or structure within a specified time period, not to exceed thirty (30) days;
4. A statement that, if the conditions which constitute the violation are not abated by the owner within the time specified, the City shall have the right to abate such conditions by properly securing the property and issuing a boarding permit in the owner's name, with the cost of the boarding and the permit fee to be assessed against the owner or the property; and
5. A statement that the owner has the right to request a hearing, and that such request must be made in writing and must be made within the time period within which the owner has been ordered to abate the violation.
(C) The written notice shall be served upon the owner of the property at least five (5) days before the abatement deadline date specified in the notice. The written notice shall be served either by personal delivery upon the record owner or by mailing a copy to the record owner by first class mail at the owner's last known address as it appears on the latest equalized assessment roll of the county. (D) After the written notice has been served, it shall be the duty of the owner to abate such violation within the time specified by the notice.
SECTION 36. TMC section 3-4.3-14 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-14: APPEAL PROCEDURE:
(A) The owner of property may request an appeal of any notice of violation . The form of the Ordinance No. 852-23
appeal, timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in sections 3-4-14 and 3-4-15. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the existence of a violation.
(B) Based upon the evidence submitted for the appeal, the hearing officer shall determine whether there was the existence of a violation, existence of grounds for denying, revoking, or not renewing a boarding permit, as the case may be. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the hearing officer shall render a written decision on the matter including the basis for the decision based on the evidence provided and any directives. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, with a copy of the decision by first class mail, unless otherwise agreed to for email or other service method. The decision issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure section 1094.6.
SECTION 37. TMC section 3-4.3-15 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-15: ABATEMENT BY CITY:
(A) In the event the violation is not abated within the time specified in the notice of violation or, if a hearing is held, within the time specified in the hearing decision, the City may take all necessary action to abate such violation, including the proper boarding of the property and the issuance of a boarding permit in the name of the owner. In addition to incurring penalties as provided in this chapter, the owner shall become personally indebted to the City of Taft for the costs of the boarding, the boarding permit fee, and the reasonable administrative costs of abatement and enforcement and other allowable costs and fees incurred by the City by reason of the existence of the violation. These costs are recoverable as provided and subject to the processes specified in sections 3-4-19–3-4-21. (B) After the City has boarded the property and issued a boarding permit in the name of the owner, pursuant to the terms of subsection (A) of this section, the building official shall cause a notice to be sent to the owner of the subject property advising the owner of the abatement action by the City.
The notice shall also inform the owner that the boarding permit shall remain effective for six (6) months, after which the windows, doors and other openings to the building or structure on the subject property must be secured by the conventional method used in the original construction and design of the building or structure within a specified time period. The notice shall also inform the owner that it is his/her responsibility to maintain the boarding in a condition which complies with this chapter. The notice shall be sent to the owner by first class mail at the owner's last known address as it appears on the latest equalized assessment roll of the county.
SECTION 38. TMC section 3-4.3-16 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-16: ASSESSMENT OF COSTS OF ABATEMENT:
The building official shall keep an itemized account of all costs incurred by the City in abating violations under this chapter. These costs are recoverable as provided by and subject to the processes specified in sections 3-4-19–3-4-21.
SECTION 39. TMC section 3-4.3-17 of title III is hereby amended, and is to read in its entirety as follows:
3-4.3-17: EMERGENCY ABATEMENT:
Ordinance No. 852-23
(A) If, in the opinion of the building official, there exists a condition on any property which is of such a nature as to be imminently dangerous to the public health, safety or welfare, which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject any persons or property to imminent threat, hazard, or danger, the building official, without observing the procedures set forth in this chapter may cause the abatement of the condition in such manner as the building official determines is reasonably required. If the building official deems it feasible, the building official shall attempt to give the owner and any occupants verbal notice of the existence of the condition, and the proposed timing and method of abatement thereof. The building official shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the condition was located, the place or area upon which the condition was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in section 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated condition. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction. (B) The city attorney's office or its authorized representative may have the opportunity to review and advise regarding the undertaking of any summary abatement, prior to the commencement of any summary abatement.
(C) The cost of summary abatement including all administrative costs of any action taken under this chapter may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in this chapter.
SECTION 40. TMC section 3-4.3-18 of title III is hereby added, and is to read in its entirety as follows:
3-4.3-18: JUDICIAL AND OTHER REMEDIES:
All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law.
SECTION 41. TMC chapter 5 of title III is hereby amended in its entirety, and is to read in its entirety as follows:
3-5-1: Weeds Constituting A Public Nuisance
3-5-2: Waste Material Constituting A Public Nuisance
3-5-3: Means Of Abatement
3-5-4: Duty Of The Property Owner To Abate
3-5-5: Notice To Abate; Generally
3-5-6: Notice To Abate; Form
3-5-7: Notice To Abate; Mailing And Posting
3-5-8: Abatement By Owner; Approval Required To Burn Weeds Or Waste Material 3-5-9: Costs of Abatement; Accounting And City Recovery 3-5-10: Contesting Notice To Abate; Administrative Hearing Procedures; Decision 3-5-11: Abatement After Hearing Decision Or Failure To Request Hearing Or Other Waiver Of Contest To Notice To Abate
3-5-12: Emergency Abatement
Ordinance No. 852-23
3-5-13: Cumulative Remedies, Procedures and Penalties
3-5-13: Judicial And Other Remedies
3-5-1: WEEDS CONSTITUTING A PUBLIC NUISANCE:
(A) All weeds which are described in this section growing upon any private property or in any public street, sidewalk, parkway, or alley within the City, are declared to be a public nuisance, which nuisance shall be abated as provided in this chapter.
(B) The term "weeds" shall include:
1. Weeds which bear seeds of a downy or wingy nature;
2. Sagebrush and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;
3. Weeds which are otherwise noxious or dangerous; and
4. Dry grasses, stubble, brush, dead shrubs, dead trees, litter, or other flammable material which endangers the public safety by creating a fire hazard. 3-5-2: WASTE MATERIAL CONSTITUTING A PUBLIC NUISANCE:
(A) Waste material" is unused or discarded material having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, or such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile;
2. Rubbish, crates, cartons, metal, and glass containers. (B) Waste material which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors or would materially hamper or interfere with the suppression or prevention of a fire upon the premises, or the abatement of a nuisance as defined by section 3-5-1 is also a public nuisance.
3-5-3: MEANS OF ABATEMENT:
The abatement of each nuisance described in this chapter shall be accomplished by complete removal of all weeds and waste material to which reference is made in sections 3-5-1 and 3-5-2 of this chapter.
The enforcement officer, as defined in section 1-3-3 at his discretion, at his discretion may determine and direct the method and manner of abatement of the nuisance. 3-5-4: DUTY OF THE PROPERTY OWNER TO ABATE:
It shall be the duty of every property owner to abate any public nuisance as described in this chapter upon his private property and upon the abutting half of the street and/or alley, and between the sidelines thereof as extended. The word "street" as used in this section shall be deemed to include the sidewalk and parkway space thereof.
3-5-5: NOTICE TO ABATE; GENERALLY:
Whenever any such weeds or waste material are growing or existing upon any private property or on the abutting half of any street, sidewalk space, and/or alley within the City, it shall be the duty of the Ordinance No. 852-23
enforcement officer to notify the owner of the property upon which the nuisance exists, and inform the owner that unless the nuisance is abated without delay, the work of abating such nuisance will be done by the City, and the expense thereof assessed upon the abated lots and lands. 3-5-6: NOTICE TO ABATE; FORM:
The notice to be sent by the enforcement officer shall be substantially in the following form:
NOTICE TO CLEAN PREMISES
NOTICE IS HEREBY GIVEN, under the provisions of title III, chapter 5 of the City of Taft Code that weeds, grasses, dead shrubs and dead trees upon property owned by you and/or on the abutting half of the street, sidewalk space and/or alley, in the City of Taft are a public nuisance in that they are a fire hazard and any rubble, discarded asphalt and concrete and other waste material thereon that might interfere with the abatement of the aforementioned public nuisance, are also a public nuisance.
YOU ARE HEREBY NOTIFIED that said public nuisances are required to be abated within ten (10) days from the date of this notice. If not abated by destruction and removal on or before such time, the City of Taft will abate the public nuisance or cause the same to be abated, in which case the costs thereof will be assessed against the land via lien or special assessment as provided in title III, chapter 5 of the Taft City Code.
YOU ARE FURTHER NOTIFIED that you may request a hearing to show cause, if any, why said nuisance should not be found to exist and the same ordered abated.
DATED:__________________________
_________________________________
Enforcement officer of the City of Taft
3-5-7: NOTICE TO ABATE; MAILING AND POSTING:
(A) The enforcement officer shall mail a copy of the notice to abate to each and every owner of real property on which and/or on the abutting half of the street, sidewalk space and/or alley on which such a nuisance exists, whose name and address appears on the latest equalized county assessment roll, or as known to the enforcement officer, mailing the copies of notices to the addresses given or as otherwise known to him.
(B) If the name and address of such owner does not appear on such assessment roll or is not otherwise known to him, he shall cause a copy of such notice to be conspicuously posted on the property affected.
(C) The failure of any property owner to receive such notice shall not deprive the City to proceed, or affect in any manner the validity of the proceedings taken or to be taken to abate the nuisance or any assessment of costs for the abatement levied under this chapter. 3-5-8: ABATEMENT BY OWNER; APPROVAL REQUIRED TO BURN WEEDS OR WASTE MATERIAL:
(A) Any owner of real property on which or in front, side and/or rear of which such public nuisance exists, may cause the same to be abated, providing it is done prior to the arrival of the enforcement officer or the entering of a contract by the enforcement officer to do the work; provided in all cases the work shall be done to the satisfaction of the enforcement officer. (B) It is unlawful for any property owner or other person to burn, or attempt to burn, any such weeds or waste material without first obtaining written permission, permit, or other approval to do so Ordinance No. 852-23
from the City, Kern County Fire Department, or other governing jurisdiction and showing satisfactory evidence of said permission to the City.
3-5-9: COSTS OF ABATEMENT; ACCOUNTING AND CITY RECOVERY:
(A) When the work is done or caused to be done by the enforcement officer, he shall keep an account of the cost of abating such nuisances, including any administrative charge set by resolution of the City Council and apportioned by the enforcement officer as the case may be, upon any separate lot or parcel of land and in front and alley, if any, in the rear thereof between the sidelines of such lot as extended. The accounting shall refer to each separate lot or parcel of land by a description sufficient to identify it, and state separately the cost of abating the nuisance upon each parcel of land, including the apportioned administrative charge.
(B) All costs of abatement shall be recovered in accordance with sections 3-4-19 through 3-4- 21, including the scope of costs recoverable by the City, the statement of the costs of abatement to be provided to the responsible parties, hearing rights to contest the reasonableness of the costs incurred by the City for abatement, and lien and special assessment procedure. 3-5-10: CONTESTING NOTICE TO ABATE; ADMINISTRATIVE HEARING PROCEDURES; DECISION:
Any owner of property issued a notice to abate under this chapter, may request a hearing to show cause why said nuisance should not be found to exist and the same ordered abated. Such request must be made within 10 days of the date of the notice to abate. All other processes for the hearing, including how to submit a request for a hearing, the notice for the hearing, procedures for the hearing, and decision for the hearing, shall be as provided in sections 3-4-14 and 3-4-16. 3-5-11: ABATEMENT AFTER HEARING DECISION OR FAILURE TO REQUEST HEARING OR OTHER WAIVER OF CONTEST TO NOTICE TO ABATE:
At no cost to the City, the owner shall comply with all of the provisions of any final abatement order. If such persons fail, for any reason, to comply with a final abatement order within the time required in the order, the city manager, or his or her designee, may cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City is authorized to take such action as needed to gain entry upon the property where the violations of law exists for purposes of abating those violations. The City may seek a civil abatement warrant through a court of competent jurisdiction.
3-5-12: EMERGENCY ABATEMENT:
Notwithstanding any other provision of this code, whenever the enforcement officer determines that a nuisance, as defined in this chapter, or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the enforcement officer without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the enforcement officer determines is reasonably required. If the enforcement officer deems it feasible, the enforcement officer shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The code enforcement officer shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in section 1-3-4(C) for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction. 3-5-13: CUMULATIVE REMEDIES, PROCEDURES AND PENALTIES:
Ordinance No. 852-23
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. 3-5-14: JUDICIAL AND OTHER REMEDIES:
All judicial and other remedies provided for in section 3-4-23 apply to this chapter, unless otherwise prohibited by law.
SECTION 42. TMC section 4-2-5 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-5: COLLECTOR; ENFORCEMENT DUTIES:
(A) The collector shall enforce each and all of the provisions of this chapter and the police chief and building official, together with every other department of the City and agency acting on behalf of the City, shall render such assistance in the enforcement of this chapter as is required to ensure that all persons licensed by the City are complying with the provisions of this chapter. (B) The collector in the exercise of the duties imposed under this chapter, and acting through deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this chapter have been complied with. (C) The collector and each and all deputies and assistants and any police officer in the City shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to procure a business tax certificate in this chapter and demand an exhibition of said certificate. Any person having such business tax certificate theretofore issued, who willfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this code. It shall be the duty of the collector or any deputy or assistant to seek a complaint from the appropriate authority to be filed against any and all persons found to be violating any of the provisions.
(D) The collector may, with the prior consent of the city attorney, deputize a qualified accountant to examine the necessary books and records of any licensee. Any licensee refusing to exhibit the necessary books and records, as required by the collector, is guilty of a misdemeanor.
SECTION 43. TMC section 4-2-7 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-7: APPEALS:
Decisions of the collector and/or City denying, suspending, revoking, or failing to renew a business license certificate are appealable as provided in section 4-2-24 of this chapter.
SECTION 44. TMC section 4-2-8 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-8: APPLICATION:
(A) Application(s) for license(s) issued hereunder shall be in a manner and form as directed by the collector, provided, all such applications shall have the approval of the officer, agent or employee in charge of the department.
(B) The following departments or agencies are authorized to review business license applications for compliance with other applicable ordinances and statutes before issuance of any business license:
1. Police;
Ordinance No. 852-23
2. Fire;
3. Building;
4. Code Enforcement;
5. Health;
6. Planning;
7. Finance.
(C) No business license shall be issued to conduct, maintain or operate any business in the City unless the location of the business is within a proper zone as indicated by title VI of this code. A business license may be withheld, or otherwise denied, if it is determined that:
1. The application is incomplete;
2. The application contains false information;
3. The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City; or
4. There are fees, fines, or other penalties owing the City in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity.
However, the collector may approve a business permit and condition its operative date upon the later submission by the applicant a certificate of occupancy issued by the Building Department or other satisfactory evidence that the business activity is then in compliance with all such applicable laws or proof of payment of such fees, fines, or other penalties. (D) Nothing in this chapter shall require the collector to issue a business license to any applicant. If any applicant has had a business license revoked or suspended pursuant to this chapter, the collector may deny a business license to any business operated under the same name, same entity or by the same officers, managers or individuals responsible for or owning the business for which a license has been revoked or suspended regardless of any name change, change in management or conveyance of the business to another person or entity.
SECTION 45. TMC section 4-2-9 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-9: COMPLIANCE; SUSPENSION; REVOCATION:
(A) All businesses with licenses issued hereunder and those responsible for the businesses shall ensure that the business and any associated building, structure, premises, or the equipment used to conduct the business is in compliance with all ordinances of the City and all the laws of the State and of the United States of America, including all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City. (B) Business premises located within the City shall be subject to field inspection by city representatives upon application for a new business license, renewal of a license, and for a change of location to determine if the location, business and situation are both legal and appropriate. A fee for such field inspections may be set by resolution of the City Council. (C) Each department of the City, which issued permits for work to be done, shall require the production of a valid unexpired business tax certificate prior to the issuance of such a permit. (D) The City may deny, suspend, revoke, or fail to renew any business tax certificate upon the finding of:
Ordinance No. 852-23
1. Any violation of this code, any other code adopted by this code, or any state or federal law that occurred on the premises of or in connection with the business establishment;
2. Any failure to comply with any regulatory provision contained in the statutes of the state or in the ordinances of the City regulating such business;
3. Any failure to operate such business in an orderly and businesslike manner, in obedience to such orders, rules and regulations as may be applicable thereto under the provisions of this code or statutes of this state;
4. Any business operations that are conducted in a manner adverse to the public health, welfare and safety or in a manner that is illegal, improper or disorderly which endangers the public welfare;
5. Any business operations that expand, change, or otherwise differ from what was approved by the City in the business license; or
6. Information that was provided in the process of obtaining a business license was materially false.
Such decision to deny, suspend, revoke, or fail to renew a business tax certificate must be in writing, with a brief explanation of the reasons for denial based on the grounds in this subdivision, and must be served upon the applicant by first-class mail at the address provided in their application or renewal submissions, as the case may be, or alternatively, by email if the applicant consents to email service and provides their email address.
(E) If a business tax certificate is suspended or revoked, no business may be conducted at, by or through the business establishment until the City issues a new business license or the suspension is lifted. A determination by the City to deny, suspend, revoke, or fail to renew a business license may be appealed pursuant to section 4-2-24 of this code. (F) Upon any revocation of a business license, no refund of any license fee shall be made and the fee shall be forfeited to the City. No business shall be conducted or operated in any manner during any period of license revocation or suspension.
SECTION 46. TMC section 4-2-17 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-17: BUSINESS TAX CERTIFICATE; RENEWAL:
(A) In all cases, the applicant for the renewal of a business tax certificate shall submit to the collector for guidance in ascertaining the amount of the business tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the collector to enable the ascertainment of the amount of the business tax to be paid by the applicant pursuant to the provisions of this chapter.
(B) Renewal may be withheld upon the grounds provided in section 4-2-9(D) or if a recommendation has been made for revocation, suspension, or nonrenewal of the business tax certificate by the collector, city manager if the city manager is not the collector, city attorney, police chief, fire chief, building official, or enforcement officer based upon grounds stated in section 4-2-9(D).
SECTION 47. TMC section 4-2-24 of title IV is hereby amended, and is to read in its entirety as follows:
4-2-24: APPEAL:
Ordinance No. 852-23
Any applicant for a business tax certificate or renewal of a business tax certificate aggrieved by a decision of the collector and/or City with respect to the decision to deny, suspend, revoke, or fail to renew a business tax certificate may be appealed pursuant to the processes in this section. (A) Such appeal must be filed with the office of the city manager on a city-approved hearing request form within 20 days from the date the City gave written notice of the challenged decision, setting forth the reasons why the applicant believes that the grounds for the challenged decision have not been established under section 4-2-9(D). The request may be for an in-person hearing or a hearing by written declaration.
1. If an in-person hearing is requested, the City shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least 10 days prior to the date of the administrative hearing.
2. If a hearing by written declaration is requested, then the written declaration(s) submitted by the applicant must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the grounds identified in section 4-2-9(D) and must attach all evidence the applicant wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.
3. The collector and/or other relevant city departments may submit a written report concerning the grounds identified in section 4-2-9(D) to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and applicant who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and applicant who sought the appeal.
4. Failure by any applicant to timely and properly appeal a decision as provided in this section shall constitute an admission by the applicant to the establishment of the grounds for denial, suspension, revocation, or failure to renew the business tax certificate cited in the decision, an admission by the applicant to that party’s liability for the grounds cited in the decision, a waiver of the applicant’s right to contest the decision, and a failure by the applicant to exhaust that party’s administrative remedies. The decision shall be deemed final if no timely or proper appeal is made. (B) The procedures for all administrative hearings pursuant to this section shall follow the procedures of section 1-3-9. However, in that section where reference is made to any administrative citation, or the cited violations in any administrative citation, for purposes of this section, the references should be understood as referring to the decision to deny, suspend, revoke, or fail to renew a business tax certificate and the grounds for denial, suspension, revocation, or failure to renew the business tax certificate cited in the decision.
(C) The procedures for the selection of a hearing officer and the decision of a hearing for all administrative hearings pursuant to this section shall follow the procedures of section 1-3-10.
However, in that section where reference is made to uphold, modify, or dismiss the contested administrative citation, for purposes of this section, the references should be understood as referring to uphold or set aside the decision to deny, suspend, revoke, or fail to renew a business tax certificate.
Further, in that section where reference is made to any administrative citation, for purposes of this section, the references should be understood as referring to the decision to deny, suspend, revoke, or fail to renew a business tax certificate. Finally, in that section where reference is made to the Ordinance No. 852-23
enforcement officer, for purposes of this section, the references should be understood as referring to the collector.
(D) The decision issued by the hearing officer under this section shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure section 1094.6. There is no right to an appeal to the City Council.
SECTION 48. TMC chapter 14 is hereby added to title II, and is to read in its entirety as follows:
CHAPTER 14
USE OF VEHICLES FOR HUMAN HABITATION PROHIBITED
2-14-1: Declaration Of Policy
2-14-2: Definitions
2-14-3: Use of Vehicles For Human Habitation Prohibited 2-14-1 DECLARATION OF POLICY:
It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate the use of vehicles for human habitation on public land for this purpose while ensuring that all such regulations comport with applicable law.
2-14-2 DEFINITIONS:
The following definitions apply to this chapter:
VEHICLE: Any device by which any person or property may be propelled, moved or drawn upon a highway, off road or in the water or through the air, including, but not limited to cars, trucks, airplanes, motor homes, recreational vehicles, trailers, watercraft (on or off its hauler) except a device intended to be moved exclusively by human power.
BLOCK: 500 feet.
HABITATION: Means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids; obscuring some or all of the vehicle's windows; preparing or cooking meals inside or on a vehicle; sleeping inside the vehicle; leaving of litter, rubbish, or waste in or around the vehicle; having furniture or equipment in or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; leaving, storing, or otherwise discarding of human wastes inside the vehicle or in the vicinity of the vehicle.
PUBLIC STREET: Shall mean and include, without limitation, streets, roads, highways, alleys, sidewalks, parkways, bridges, culverts, drains, and all other facilities and areas necessary for the construction, improvement and maintenance of streets and roads.
PARK: A park, playground, recreation center, tennis courts, swimming facilities, sports field, ball field and/or open space or other area, structure or facility, owned or used by the City and devoted to active or passive recreation, or open for or dedicated to public use within the City of Taft, including, without limitation, those constructed, adapted, or designated as such after adoption of this chapter, and including, but not limited to, that area commonly referred to as "rails to trails" or similar description.
Ordinance No. 852-23
2-14-3 USE OF VEHICLES FOR HUMAN HABITATION PROHIBITED:
(A) It shall be unlawful for any person to sleep in a vehicle whatsoever for habitation when the number of available beds in shelters is greater than the number of homeless individuals in the City:
1. Between the hours of 9:00 P.M. and 6:00 A.M. on any public or private street, parking lot, or unimproved or vacant lot within the City of Taft; or
2. At any time within a one block radius of any edge of a lot containing a park or a licensed school, pre-school, or daycare facility within the City of Taft.
The foregoing shall not apply to a private parking lot or unimproved lot in which the property owner has obtained a conditional use permit from the City to allow for sleeping in the parking lot or unimproved lot. Nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State, or local statute or ordinance. Nothing herein shall be construed to prohibit the allowable parking and sleeping in recreational vehicles described in sections 6-12-19, 6-12-20, and 6-12-21 of title VI of the Taft Municipal Code if all legal requirements therein are met. Nothing herein precludes the enforcement of any other related laws that the City of Taft is authorized to enforce.
(B) Violations of this section may be punished only as an infraction or as an administrative violation and in no event shall any fine be issued. No citation for a violation of this section shall be issued unless, at the time in question, the enforcement officer, in his or her reasonable discretion, is able to make an affirmative determination that there is an available bed in a shelter in the City, which includes a temporary shelter for individuals who do not have permanent housing, based on the information known to the enforcement officer at the time. In determining whether there is an available bed in a shelter, the enforcement officer shall consider all the circumstances and the policies and requirements of an available bed in a shelter, and whether it is practicable for the person to seek shelter there or elsewhere.
(C) If any portion, subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid. (D) This section may be enforced by Peace Officers of the City of Taft and by the City of Taft employees specified in section 1-1-12 of title I.
(E) Nothing in this section shall be construed to affect, supersede, or otherwise prevent enforcement of provisions under other provisions of the Taft Municipal Code, California State Law, or other law enforceable by the City or to prevent the City from commencing administrative, civil, or criminal proceedings for nuisance abatement, injunctive relief, or other methods of enforcement available under law.
SECTION 49. TMC chapter 15 is hereby added to title II, and is to read in its entirety as follows:
CHAPTER 15
PROHIBITION AGAINST STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES 2-15-1: Declaration Of Policy
2-15-2: Definitions
Ordinance No. 852-23
2-15-3: Storage Of Personal Property Prohibited
2-15-4: Notice Of Impoundment And/Or Disposal
2-15-5: Storage And Disposal
2-15-6: Reclamation Process
2-15-7: Surrender of Personal Property
2-15-8: Evidence In A Criminal Case
2-15-1: DECLARATION OF POLICY:
The accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas, constitutes a threat to the peace, health, safety and/or general welfare of the public and disrupt the use and enjoyment of such public spaces. The City Council finds it necessary to remove such personal property located on public lands in a manner that is consistent with State and Federal law, and which promotes the health and safety, and general welfare of those who use these public lands.
2-15-2: DEFINITIONS:
The following definitions apply to this chapter:
ABANDONED PERSONAL PROPERTY: personal property that the owner surrenders, relinquishes, or disclaims.
BLOCK: 500 feet.
PARK: A park, playground, recreation center, tennis courts, swimming facilities, sports field, ball field and/or open space or other area, structure or facility, owned or used by the City and devoted to active or passive recreation, or open for or dedicated to public use within the City of Taft, including, without limitation, those constructed, adapted, or designated as such after adoption of this chapter, and including, but not limited to, that area commonly referred to as "rails to trails" or similar description.
PUBLIC AREA: all property that is owned, managed or maintained by the City and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.
PERSONAL PROPERTY: tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as cooking utensils, money, medication, documents, clothing, luggage, and books.
STORE, STORED, STORING, STORAGE: to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area.
STREET: shall include every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
UNATTENDED: no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is Ordinance No. 852-23
present with the personal property and the person claims ownership over the personal property. 2-15-3: STORAGE OF PERSONAL PROPERTY PROHIBITED:
(A) It shall be unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the city manager or designee or as permitted by the TMC or State law:
1. Any public street or right-of-way, including sidewalks, bus stops, and public landscaping; or
2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved. (B) A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion. The enforcement officials provided in subsection C of this Section may also deem the violation an infraction in their discretion when enforcing this Section. (C) This section and entire chapter may be enforced by the City of Taft employees specified in section 1-1-12 of title I.
(D) Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in sections 2-15-4 through 2-15-5. 2-15-4: NOTICE OF IMPOUNDMENT AND/OR DISPOSAL:
(A) No Notice for Intentionally Abandoned, Contraband, or Hazardous Waste. Unlawfully stored personal property that is believed in good faith, by those authorized to enforce this chapter, to be intentionally abandoned or which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste or trash may be disposed of without any notice.
(B) No Notice for Evidence in Criminal Case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice. (C) Notice Required For All Other Personal Property. For all other personal property beyond that identified in subsections A and B of this section, actions taken on such personal property that is unlawfully stored pursuant to this chapter must be done according to the following notice provisions:
1. Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property if the personal property is unattended. The written notice shall contain the following:
(i) General description of the personal property to be removed. (ii) The location from which the personal property will be removed. (iii) The date and time the notice was posted.
(iv) Statement that the personal property has been stored in violation of section 2-15-3. (v) Statement that the personal property will be impounded if not removed from the public area within 24 hours.
Ordinance No. 852-23
(vi) Statement that moving stored personal property to another location in the public area shall not be considered to be removing personal property from the public area. (vii) The location where the removed personal property will be stored, including telephone number and the internet website of the Public Works Department through which the person may receive information as to the impounded personal property as well as information as to voluntary storage location(s).
(viii) Statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
2. Post Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
(i) General description of the personal property removed. (ii) The date and approximate time the personal property was removed. (iii) Statement that the personal property was stored in a public area in violation of section 2-15-3.
(iv) The location where the removed personal property will be located, including telephone number and internet website of the Public Works Department through which the person may receive information as to impounded personal property. (v) Statement that the impounded personal property may be discarded if not claimed within 90 days after impoundment.
2-15-5: STORAGE, DISPOSITION, AND DISPOSAL:
Except as specified herein, the Public Works Department and code enforcement shall move impounded personal property pursuant to this chapter to a place of storage.
Except as specified herein, the Public Works Department shall store impounded personal property for ninety (90) days, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon the expiration of any holding period for personal property as specified herein any remaining personal property not claimed by or returned to the owner may be appropriated to the City upon order of the city manager or designee that the persona property is needed for a public use. Any personal property not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the city manager or designee. If personal property constitutes money, such money shall be deposited into the City's general fund.
The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days. The Public Works Department shall maintain a record of the date and manner of coming into possession of the impounded personal property, adequate description of the same, and the dates of storage and disposition, and disposition of the personal property.
2-15-6: RECLAMATION PROCESS:
Ordinance No. 852-23
(A) During the ninety (90) day holding period under section 2-15-5, a person may repossess the personal property if they establish proof of ownership to the City by, among other methods, describing the location and date when the personal property was impounded from public area, and providing reasonably specific and detailed description of the personal property. Valid, governmentissued identification is not required to claim impounded personal property. (B) If ownership cannot be determined to the satisfaction of the Public Works Department or designee, the City may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the Public Works Department shall continue to hold the personal property until such a determination is made.
(C) If ownership is determined, the owner of the impounded personal property shall be required to pay the reasonable costs incurred by the City in impoundment and storage prior to the return of the personal property, unless a financial hardship waiver is submitted to the Public Works Department by the owner on forms authorized by the Public Works Department and such waiver is approved by the Chief of Police or designee. In the financial hardship waiver, the applicant must provide information or documentary proof satisfactory to Public Works Department, attesting, proving, or otherwise, showing the financial hardship reimbursing Public Works Department for the reasonable costs of impoundment and storage. The Public Works Department shall make a written determination on the waiver and provide notice of that determination by personal. 2-15-7: SURRENDERED PERSONAL PROPERTY
Whenever the City comes into possession of personal property surrendered to it by a third person who has found or discovered lost or abandoned personal property, the Public Works Department shall be charged with storage and disposition of the personal property as provided in this Chapter. Whenever the ownership of surrendered property is known or may be readily determined by the City, the City shall contact the owner by best means available, including mail or call to the last known address and/or telephone number, and advise of the City’s possession of said items and a notification that the City will store the property as provided in section 2-15-5 and that the owner may reclaim the personal property as provided in section 2-15-6. 2-15-8: EVIDENCE IN A CRIMINAL CASE:
Notwithstanding section 2-15-6, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et seq.
SECTION 50. TMC title VIII, chapter 9 will hereby be deleted in its entirety.
SECTION 51. TMC chapter 14 is hereby added to title VIII, and is to read in its entirety as follows:
CHAPTER 14
REGULATING THE POSSESSION, SALE, AND USE OF FIREWORKS
8-14-1: DECLARATION OF POLICY
8-14-2: DEFINITIONS
8-14-3: POSSESSION, SALE, AND USE OF SAFE AND SANE FIREWORKS REGULATIONS;
PUBLIC NUISANCE DECLARED FOR THE UNAUTHORIZED POSSESSION, SALE, OR USE OF
SAFE AND SANE FIREWORKS
Ordinance No. 852-23
8-14-4: ENFORCEMENT FOR THE UNAUTHORIZED POSSESSION, SALE, OR USE OF SAFE
AND SANE FIREWORKS
8-14-5: GENERAL PROHIBITION AGAINST THE POSSESSION, SALE, AND USE OF DANGEROUS FIREWORKS; PUBLIC NUISANCE DECLARED FOR THE UNAUTHORIZED
POSSESSION, SALE, OR USE OF DANGEROUS FIREWORKS
8-14-6: EXCEPTION TO THE GENERAL PROHIBITION AGAINST DANGEROUS FIREWORKS –
ALLOWANCE OF CERTAIN PUBLIC DISPLAYS AND SPECIAL EFFECTS PURSUANT TO STATE
LICENSE AND CITY-ISSUED PERMIT
8-14-7: ENFORCEMENT FOR UNAUTHORIZED POSSESSION, SALE, OR USE OF DANGEROUS
FIREWORKS
8-14-1: DECLARATION OF POLICY:
It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons. The City Council accordingly finds it necessary to codify the regulatory scheme of the State fireworks law with respect to “dangerous” fireworks, the possession, sale, and use of which is illegal. The City Council further finds it desirable to sanction the possession, sale, and use of nondangerous, or “safe and sane” fireworks, subject to reasonable regulations such that this classification of fireworks can be safely possessed, purchased, and used by the members of the community to celebrate during the Fourth of July holiday season.
8-14-2: DEFINITIONS:
The following definitions apply to this chapter:
DANGEROUS FIREWORKS: Means "dangerous fireworks" in Health and Safety Code sections 12505 and 12561 and the relevant sections of title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.
ENFORCEMENT OFFICER: The enforcement officer defined in section 1-3-3 or any other individual or body appointed by the city manager to enforce codes and which is authorized to administer this chapter.
FIRE CHIEF: Means the fire chief of the City by and through the Kern County Fire Department for Fire Prevention and Inspection Services or his or her authorized representatives.
STATE FIRE MARSHAL: Means the California State Fire Marshal.
FIREWORKS STAND: Means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks.
NON-PROFIT ORGANIZATION: Means any non-profit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes which has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State of California or a group which is an integral part of a recognized national organization having such taxexempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City.
PUBLIC DISPLAY OF FIREWORKS: Means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks.
PYROTECHNIC OPERATOR: This term is as defined in Health and Safety Code section Ordinance No. 852-23
12527.
SAFE AND SANE FIREWORKS (a.k.a. "state-approved fireworks"): Means "safe and sane fireworks" as set forth in Health and Safety Code sections 12529 and 12562 the relevant sections of title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference. 8-14-3: POSSESSION, SALE, AND USE OF SAFE AND SANE FIREWORKS REGULATIONS;
PUBLIC NUISANCE DECLARED FOR THE UNAUTHORIZED POSSESSION, SALE, OR USE OF SAFE AND SANE FIREWORKS:
(A) Regulation: Any sale of safe and sane fireworks within the City shall be done in accordance with chapter 13 of title IV and any relevant provision of this chapter. Any use of safe and sane fireworks is only permitted during the following time frames: July 1: 12:00 noon to 12:01 A.M. of the next day; July 2: 9:00 A.M. to 12:01 A.M. of the next day; July 3: 9:00 A.M. to 12:01 A.M. of the next day; July 4: 9:00 A.M. to 12:30 A.M. of the next day. Any possession and use of safe and sane fireworks must be in accordance with this code, all applicable laws, and not create danger, harm, or other unlawful annoyance. The use of safe and sane fireworks in the City shall be limited to private property except as otherwise provided herein. No safe and sane fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant property or in public streets or right of ways except in public parks and those areas approved by the City. No fireworks shall be discharged in the "high fire hazard areas." It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any safe and sane fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten feet or any residence, dwelling or other structure used as a place of habitation by human beings.
(B) Nuisance declared: The City hereby declares the possession, use, or sale of safe and sane fireworks contrary to chapter 13 of title IV and any provisions of this chapter to be a public nuisance to be abated pursuant to all laws applicable to the City for enforcement. 8-14-4: ENFORCEMENT FOR THE UNAUTHORIZED POSSESSION, SALE, OR USE OF SAFE AND SANE FIREWORKS:
(A) Administrative Fines and Penalties: Failure to abide by the regulations of section 8-14-3 or chapter 13 of title IV is hereby declared a violation of the code and subject to the City’s enforcement.
The City may pursue enforcement by all means authorized by law, including but not limited to penalties listed in chapter 13 of title IV and imposition and payment of an administrative fine or fines as provided below:
Number of
Offenses in 1-
Year Period
Amount of
Administrative Penalty
Disposal
Charge
Total Amount of
Penalty plus
Disposal Charge
First $250 $75 $325
Second $500 $150 $650
Third $750 $300 $1,050
(B) Any responsible party issued administrative fines and penalties under 8-14-4 shall comply with the city’s administrative citation process pursuant to chapter 3 of title I. (C) This chapter and chapter 13 of title IV are just some of the methods of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement Ordinance No. 852-23
and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III. 8-14-5: GENERAL PROHIBITION AGAINST THE POSSESSION, SALE, AND USE OF DANGEROUS FIREWORKS; PUBLIC NUISANCE DECLARED FOR THE UNAUTHORIZED POSSESSION, SALE, OR USE OF DANGEROUS FIREWORKS:
(A) Regulation: Except as otherwise provided in this chapter, no person shall possess, sell, use, display, or explode any dangerous fireworks including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell, or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered "safe and sane fireworks" within the City unless such use meets all criteria pursuant to section 8-14-6 of this chapter.
(B) Nuisance declared: The City hereby declares the use of dangerous fireworks, unless such use is excepted pursuant to section 8-14-6 of this chapter, to be a public nuisance to be abated pursuant to the provisions provided in title III, chapter 4 of this code. 8-14-6: EXCEPTION TO THE GENERAL PROHIBITION AGAINST DANGEROUS FIREWORKS –
ALLOWANCE OF CERTAIN PUBLIC DISPLAYS AND SPECIAL EFFECTS PURSUANT TO STATE LICENSE AND CITY-ISSUED PERMIT:
The general prohibition against the possession, sale, and use of dangerous fireworks as stated in section 8-14-5 applies unless such possession, sale, or use is done in connection with a city-issued permit by a state licensed pyrotechnic operator as provided in this section as follows:
(A) State License and City Permits Required: The city fire chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, of for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a pyrotechnic operator licensed by the state fire marshal (as defined by section 12527 of the California Health and Safety Code) in accordance with a city-issued permit, and shall be of such character and so located, discharged, or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.
(B) All applications for a City permit to conduct certain firework public displays and special effects shall:
1. Provide a current copy of the pyrotechnic operating licensing obtained from the Office of the State Fire Marshal as required under the laws of the State.
2. Be submitted at least 10 days prior to the proposed firework public display or special effect event date.
3. Include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.
Ordinance No. 852-23
4. Be accompanied with required fees as provided in section 8-14-6(C).
5. Provide proof of required liability insurance as provided in section 8-14-6(D). A statement indicating that requirements under section 8-14-6(D) were met prior to submitting this application shall accompany the proof of required liability insurance.
6. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and furnish any additional information upon request of the fire chief or any enforcement officer.
(C) Fees Required: Every application for permit to conduct a public display of fireworks shall be accompanied by a non-refundable fee as established by resolution of the City Council. This fee shall be in addition to any fee or tax imposed by the City Council. Every applicant shall agree to hold the City, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.
(D) Liability Insurance Required: Any person, firm or corporation applying for a public display of fireworks city permit shall furnish to the city manager proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors presenting such public display. No permit shall be issued until the permittee furnishes the city manager with a certificate of insurance for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the City of Taft as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, thirty days’ notice of cancellation upon the city clerk for the City. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this chapter shall be made to the City before any such revoked permit may be reinstated.
(E) Appeal: The decision of the city fire chief acting on an application for a permit to conduct a public display of fireworks in accordance with the provision of this chapter shall be final and only subject to appeal to Superior Court.
8-14-7: ENFORCEMENT FOR UNAUTHORIZED POSSESSION, SALE, OR USE OF DANGEROUS FIREWORKS:
(A) General:
1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter pursuant to the City’s administrative citation process under chapter 3 of title I.
2. This section governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks in California Health and Safety Code section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks as defined in Ordinance No. 852-23
California Health and Safety Code section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter, or in any manner contrary to this chapter. Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.
3. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder, and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this code by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person which this City may otherwise pursue.
4. The imposition of fines related to dangerous fireworks under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than twentyfive pounds (gross weight) of such dangerous fireworks.
5. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust two hundred fifty dollars or twenty-five percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks.
6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
(B) Issuance of Administrative Citations: Any person violating any provision of this chapter may be subject to the assessment of civil fines and penalties as provided in this chapter and chapter 3 of title I of this code pursuant to the administrative procedures established in this chapter and chapter 3 of title I, which are authorized by Government Code section 53069.4. (C) Contents of Administrative Citation: Each administrative citation issued for violations regarding unauthorized possession, use, or sale of safe and sane fireworks shall include all information included in section 1-3-11 of title I. Each administrative citation issued for violations regarding dangerous fireworks shall include all listed in 1-3-11 plus the following:
1. The amount of the administrative fine for each violation, including the required disposal charge, pursuant to section 8-14-7(D) of this chapter; and
2. The names, addresses, and telephone numbers of any witnesses to the violation(s). (D) Administrative Fines and Penalties:
Ordinance No. 852-23
1. Failure to abide by the regulations of this chapter as it relates to the possession, use, storage, sale, and/or display of dangerous fireworks is hereby declared a violation of the code and subject to the City’s enforcement. The City may pursue enforcement by all means authorized by law, including but not limited to imposition and payment of an administrative fine or fines as provided below:
Number of
Offenses in 1-
Year Period
Amount of
Administrative Penalty
Disposal
Charge
Total Amount of
Penalty plus
Disposal Charge
First $1,000 $250 $1,250
Second $2,000 $500 $2,500
Third $3,000 $1,000 $4,000
2. Any responsible party issued administrative fines and penalties under 8-14-7 for violations of this chapter shall comply with the City’s administrative citation process pursuant to chapter 3 of title I.
(E) This chapter is just one of the methods of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III.
SECTION 52. Section 4-13-11 of the Taft Municipal Code is hereby amended to read fully as follows:
Section 4-13-11: License Denial, Suspension, Revocation of Firework License:
City has right to deny, suspend, revoke license in accordance with process and procedures of 4-2-9.
SECTION 53. Section 4-13-12 of the Taft Municipal Code is hereby added to read fully as follows:
Section 4-13-12: Penalties:
Persons violating this chapter shall be deemed guilty of a misdemeanor, unless the enforcing enforcement officer or the city attorney or his or her designed representative, determines it to be an infraction. The City’s fine schedules pursuant to section 1-1-11 or 8-14-4 shall apply, as the case may be.
SECTION 54. TMC chapter 7 of title IV is hereby amended, and is to read in its entirety as follows:
CHAPTER 7
MOBILE VENDING PROHIBITED
Ordinance No. 852-23
4-7-1: Declaration of Policy
4-7-2: Definitions
4-7-3: Applicability
4-7-4: Mobile Vending Prohibited; Public Nuisance
4-7-5: Violations and Penalties
4-7-1: DECLARATION OF POLICY:
It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regard to their use and enjoyment of public lands. The City Council finds it necessary to prohibit the use of vehicles for vending for this purpose while ensuring that all such regulations comport with applicable law.
4-7-2: DEFINITIONS:
The following definitions apply to this chapter:
MOBILE FOOD TRUCK: shall mean a motorized vehicle or mobile food unit that should be licensed by the Department of California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
PUBLIC STREET: shall mean and include, without limitation, streets, roads, highways, alleys, sidewalks, parkways, bridges, culverts, drains, and all other facilities and areas necessary for the construction, improvement and maintenance of streets and roads.
PARK: shall mean a park, playground, recreation center, tennis courts, swimming facilities, sports field, ball field and/or open space or other area, structure or facility, owned or used by the City and devoted to active or passive recreation, or open for or dedicated to public use within the City of Taft, including, without limitation, those constructed, adapted, or designated as such after adoption of this chapter, and including, but not limited to, that area commonly referred to as "rails to trails" or similar description.
VEHICLE: shall mean any device by which any person or property may be propelled, moved or drawn upon a street, highway, off road or in the water or through the air, including, but not limited to cars, trucks, airplanes, motor homes, recreational vehicles, trailers, watercraft (on or off its hauler) except a device intended to be moved exclusively by human power.
VEND OR VENDING: shall mean to sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise, wares, or services.
4-7-3: APPLICABILITY:
This chapter is intended to apply to all mobile food truck and vehicle vending at any locations within the City. However, it does not apply in the following circumstances:
(A) Sidewalk vending described in chapter 22 of title IV of the Taft Municipal Code if all legal requirements therein are met.
(B) Contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location on private land and which is not open to the public.
Ordinance No. 852-23
4-7-4: MOBILE VENDING PROHIBITED; PUBLIC NUISANCE:
(A) It shall be unlawful for any person or entity to operate, or allow the operation of, a mobile food truck or vehicle for vending on land within City limits. This prohibition applies to both a person or entity owning or otherwise responsible for the mobile food truck or vehicle and a person or entity owning or otherwise responsible for the land upon which the mobile food truck or vehicle is situated.
In no event does this section create liability on part of the City for public lands. (B) Violation of this section is deemed a public nuisance. 4-7-5: VIOLATIONS AND PENALTIES:
(A) A violation of this chapter is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion.
(B) This chapter may also be enforced by Peace Officers of the City of Taft and by the City of Taft employees specified in section 1-1-12 of title I. The enforcement officials provided herein may deem the violation an infraction in their discretion when enforcing this chapter. (C) Each day in which a violation of this chapter occurs or continues shall constitute a separate and distinct offense and a continuing nuisance. The City may enforce any violation of this chapter pursuant to the nuisance abatement procedures described in chapter 4 of title III of the Taft Municipal Code.
(D) The remedies provided herein are intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies provided by law. Nothing in this section shall be construed to affect, supersede, or otherwise prevent enforcement of provisions under other provisions of the Taft Municipal Code, California State Law, or other law enforceable by the City or to prevent the City from commencing administrative, civil, or criminal proceedings for nuisance abatement, injunctive relief, or other methods of enforcement available under law.
SECTION 55. TMC chapter 22 (Sidewalk Vending) is hereby added to title IV, and is to read in its entirety as follows:
CHAPTER 22
SIDEWALK VENDING
4-22-1: Definitions
4-22-2: Applicability
4-22-3: Business License and Special Business Permit Required 4-22-4: Requirements for Permit Application
4-22-5: Identification Numbers; Confidentiality
4-22-6: Operational Standards
4-22-7: Location of Carts
4-22-8: Special Requirements for Vending in City Parks
4-22-9: Special Requirements for the Sale of Food
4-22-10: Penalties
Ordinance No. 852-23
4-22-1: DEFINITIONS:
The following words used in this chapter shall have the following meanings:
CART: means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
CERTIFIED FARMERS’ MARKET: means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
ROAMING SIDEWALK VENDOR: means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
SIDEWALK VENDOR: means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
STATIONARY SIDEWALK VENDOR: means a sidewalk vendor who vends from a fixed location.
SWAP MEET: means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
VEND OR VENDING: refers to operating as a sidewalk vendor. 4-22-2: APPLICABILITY:
The requirements of this chapter shall not apply to the following persons:
(A) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (B) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks.
4-22-3: BUSINESS LICENSE AND SPECIAL BUSINESS PERMIT REQUIRED:
(A) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business license in accordance with chapter 2 of title IV, and complying with all requirements of the business license, unless such person qualifies for an exemption under chapter 2 of title IV of this code.
(B) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with chapter 22 of title IV, and complying with all requirements of the permit, unless such person qualifies for an exemption under chapter 22 of title IV of this code.
(C) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this chapter shall be made not later than ninety days before the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year. (D) A separate business license and special business permit shall be required for each cart.
Ordinance No. 852-23
4-22-4: REQUIREMENTS FOR PERMIT APPLICATION:
An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(A) The name, address, and telephone number of the applicant and each person who will operate the cart.
(B) A photo identification of the applicant and each person who will operate the cart. (C) A description of the cart, including the dimensions of the cart, and a photograph of the cart. (D) A complete list of the food or merchandise to be sold. (E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(F) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(G) A City of Taft business license.
(H) A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
(I) A copy of a general liability insurance policy naming the City, its officials, officers and employees as additional insureds in the amount of no less than $500,000. (J) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
4-22-5: IDENTIFICATION NUMBERS; CONFIDENTIALITY:
Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order. 4-22-6: OPERATIONAL STANDARDS:
(A) Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.
(B) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(C) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.
Ordinance No. 852-23
(D) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.
(E) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 78 inches provided that a minimum of 36 inches of accessible path of travel without obstruction along the sidewalk is maintained.
(F) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.
(G) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks. (H) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10- foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
(I) In order to prevent damage to public property and prevent obstructions of the public rightof-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public rightof-way. (J) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(K) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (L) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (M) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.
(N) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart. (O) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.
4-22-7: LOCATION OF CARTS:
Ordinance No. 852-23
In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
(A) Any area other than a public sidewalk or pedestrian path. (B) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (C) Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public. (D) Within 15 feet of the outer edge of a driveway or driveway apron. (E) Within 15 feet of a transit stop.
(F) Adjacent to any marked loading zone or bus zone.
(G) Within 5 feet of a curb return.
(H) Any location that would impede entering or exiting a parked vehicle. (I) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(J) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
(K) Within 100 feet of a City-permitted special event, including but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route.
For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
(L) Within 300 feet of any public or private school grounds between 7:00 a.m. and 6:00 p.m. on school days, and while the same is in use, including for afterschool child care, enrichment classes and sports.
(M) Upon or within any roadway, median strip, or dividing section. 4-22-8: SPECIAL REQUIREMENTS FOR VENDING IN CITY PARKS:
No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
No stationary sidewalk vendor may sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with chapter 22, as specifically authorized in writing by the city manager or designee, or pursuant to an agreement approved by the City Council. 4-22-9: SPECIAL REQUIREMENTS FOR THE SALE OF FOOD:
All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.
Ordinance No. 852-23
4-22-10: PENALTIES:
For purposes of this section, “sidewalk vending program” refers to the provisions of sections 4-22-6 through 4-22-9, inclusive, and the requirement to obtain a special business permit pursuant to section 4-22-3(B).
(A) A violation of any provision in sections 4-22-6 through 4-22-9, inclusive, may only be punished by the following:
1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
4. Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations.
(B) Vending without a special business permit may be punished by the following:
1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
Upon proof of a valid special business permit, an administrative fine imposed under section 4-22-10(B) shall be reduced to the respective administrative fine set forth in section 4-22-10(A).
(C) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by section 4-22-10(A) and (B). (D) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in sections 4-22-6 through 4-22-9, inclusive, nor a failure to pay an administrative fine, imposed by section 4-22-10(A) or (B) shall be punishable as an infraction or misdemeanor. (E) Any person who receives an administrative fine under Section 4-22-10(A) or (B) shall have the right to request an ability-to-pay determination.
1. The City shall give any such person written notice of his or her right to request an abilityto-pay determination as well as instructions and other materials for requesting an abilityto-pay determination at the time that the administrative fine citation is issued.
2. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
3. Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.
Ordinance No. 852-23
4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.
(F) The city manager may, in his or her discretion, allow a person who receives an administrative fine under section 4-22-10(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (G) Nothing in the chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.
SECTION 56. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines section 15061(b)(3) in that the Ordinance alone does not have the potential for causing a significant effect on the environment.
SECTION 57. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 58. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.
SECTION 59. All provisions of the TMC that have not been amended or deleted by this Ordinance shall remain in full force and effect unless they otherwise are amended by another Ordinance of the City Council.
PASSED, APPROVED AND ADOPTED on this 18th day of July, 2023. _________________________
Dave Noerr, Mayor
Attest:
____________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
____________________________
Jason Epperson, City Attorney
STATE OF CALIFORNIA }
Ordinance No. 852-23
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Ordinance had its first reading on June 20, 2023, and had it second reading on July 18, 2023, and was passed by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL OF FINAL BUDGET FOR FISCAL YEAR 2022-2023 AND PROPOSED BUDGET FOR FISCAL YEAR 2023- 2024
SUMMARY STATEMENT:
As represented in the proposed 2023/2024 budget year, the City of Taft is still working to recover from the Covid-19 pandemic as it continues to have a negative effect on our local commerce. The onetime Coronavirus State and Local Fiscal Recovery Funds that Taft received covered a large portion of revenue lost for the FY2022-2023 budget year ensuring funding for the Police and Fire services but will in no way pull the city out of the revenue shortfall. The city’s goal, with this proposed budget will be to address the current fiscal needs and keep the same level of services for our citizens, including Police, Fire and emergency medical services along with completing road repairs and the maintenance and the upkeep of our parks and Rails to Trails, along with all other city services. Thankfully the voters approved a new District Sales Tax (Measure A) that began Tax collection on April 1, 2022. Although the funds from that new District tax will significantly help to support our safety services and fund road maintenance projects. The estimated $1.6 million in new funding for FY2023-2024 will still fall short of replacing the lost revenue from the closure of the MCCF.
The city continues to strategize to further diversify its revenue stream, staff continues to see a growth in building activity and new business applications which keeps us optimistic for the future. City staff continues to be creative in cutting operating costs while still providing critical services to the community.
It is obvious that the city is going to continue to be in a precarious position going forward but we will continue to fight to be the self-reliant city we have always prided ourselves on being.
The budget with respect to certain grant funds, which are multi-year fixed agreed amounts for specific activities to be performed in accordance with contract agreements with state and federal agencies, are controlled by the guidelines, laws and regulations of the grant agreements; hence, they are not included in these budgets.
Attached hereto are the final operating and capital expenditure budgets for the Fiscal Year 2022-2023 and the proposed operating and capital expenditure budgets for the Fiscal Year 2023-2024. These budgets maintain the conservative fiscal policies of the City Council and were reviewed by the Finance Committee on May 24, 2023 with the recommendation being to present to the Council for adoption.
RECOMMENDED ACTION
1. Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2022-2023 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2023-2024.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Yes, Resolution and Budget Document
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. 4191-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2022- 2023 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2023-2024
WHEREAS, the City Manager has prepared and presented to the City Council of the City of Taft the final budget for fiscal year 2022-2023 and the proposed budget for fiscal year 2023-2024; and WHEREAS, the City Council has studied these budgets at length; and WHEREAS, all changes and necessary modifications have been made to said budgets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft, California as follows:
That the final budget for fiscal year 2022-2023 and the proposed budget for fiscal year 2023- 2024, with the exception of certain grant budgets, are hereby adopted and by reference made a part hereof. The City Clerk is hereby directed to keep a copy of these budgets in her office for public inspection and provide a copy of said budgets for filing with the Finance Director.
PASSED, APPROVED AND ADOPTED on this 20th day of June, 2023. _____________________________
Dave Noerr, Mayor
ATTEST:
_____________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN }SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 20th day of June, 2023, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
_____________________________
Yvette Mayfield, MMC
City Clerk
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
JUNE 6, 2023
The June 6, 2023, regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:01 PM. The Pledge of Allegiance was led by Council Member Josh Bryant invocation given by Pastor Shawn Peifor.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Carlos Chavira and Ronald Waldrop City Manager Craig Jones and City Attorney Jason Epperson Deputy City Clerk Darnell Porter
1. AWARD PRESENTATION – APA CALIFORNIA CENTRAL SECTION 2023 PLANNING AWARD TO CITY OF TAFT AND RICK PLANNING + DESIGN
2. STUDY SESSION – DRAFT PROPOSED CHANGES TO MUNICIPAL CODE RELATING TO
CODE ENFORCEMENT
3. PUBLIC HEARING ON COST AND PLACEMENT OF A LIEN ON AN ABATED PROPERTY The public hearing was opened at 6:30 PM to receive public input.
A statement from the property owner, Neil Cortez was read into the record.
The public hearing was closed at 6:33 PM.
Motion: Moved by Krier, seconded by Bryant to: Adopt a resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING
AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 405 CENTER STREET, TAFT, CA, APN# 031-040-11-00-0 IN THE AMOUNT OF $13,654.47; (Resolution no. 4188-23) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3).
AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
4. CITIZEN REQUESTS/PUBLIC COMMENTS
Mark King provided a handout to the Council and spoke about unauthorized invasion of property.
5. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop spoke about all the rain the city has gotten and encouraged everyone to take care of the weeds on their property.
Council Member Chavira talked about graduation season and shared a quote from Nelson Mandela.
Council Member Bryant congratulated all graduating students.
City of Taft Council/Successor Agency Meeting
Minutes
June 6, 2023
Mayor Pro Tem Krier stated that the Taft Republican Assembly will be holding a raffle at the July 4th Celebration on the Rails to Trails and encouraged everyone to participate.
Mayor Noerr spoke about debt in the United States, congratulated all graduates and reminded everyone to pay attention to pedestrians even more as school is out for the summer.
6. PLANNING COMMISSION REPORT
Vice Chairman Jerry Livingston, reported that at the last Planning Commission meeting they approved a Conditional Use Permit pertaining to General Production Services New Concrete Batch Plant.
7. DEPARTMENT REPORTS
Police Chief, Damon McMinn, shared police department statistics for the month of May.
8. CITY MANAGER STATEMENTS
There were none.
9. CITY ATTORNEY STATEMENTS
There were none.
10. FUTURE AGENDA REQUESTS
There were none.
********************************************************************************************* CONSENT CALENDAR ITEMS 11-14
Krier removed Item 14
Motion: Moved by Waldrop, seconded by Bryant to approve consent calendar items 11-13
AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
11. MINUTES
May 16, 2023
Recommendation – Approve as submitted.
12. PAYMENT OF BILLS
Warrant # 052623 Check No. 97986-98049 $ 146,955.25
Recommendation – Approve payment of the bills.
City of Taft Council/Successor Agency Meeting
Minutes
June 6, 2023
13. APPOINTMENT OF THE CITY MANAGER AS THE AUTHORIZED SIGNER FOR ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 06- 5193F15
Recommendation –
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TAFT APPOINTING THE CITY MANAGER AS THE AUTHORIZED SIGNER FOR THE ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERALAID PROJECTS NO. 06-5193F15; (Resolution no. 4189-23) and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines. *********************************************************************************************
14. UPDATE OF SECTION 103 OF THE ADMINISTRATIVE POLICIES AND PROCEDURES
MANUAL PERTAINING TO APPOINTMENTS TO BOARDS, CITIZEN COMMITTEES AND
COMMISSIONS
Motion: Moved by Bryant, seconded by Krier to: adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING SECTION 103,
APPOINTMENTS TO BOARDS/CITIZEN COMMITTEES/COMMISSIONS, OF THE ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL; (Resolution no. 4190- 23) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
Krier stated that this is an opportunity for the community to be a part of its local government and encouraged citizens to get involved.
Bryant mentioned that the Measure A Citizens’ Oversight Committee will be there to provide oversight only.
At 7:13 PM the meeting was recessed to closed session.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONS Government Code Section 54956.9(b)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff. The City Council took no other reportable action.
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 8:32 PM. __________ ____________
Darnell Porter, CMC Dave Noerr
Deputy City Clerk Mayor
REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL OF SPECIAL EVENT PERMIT AND ENCROACHMENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE JULY 4th FIREWORKS SHOW ON SATURDAY, JULY 1, 2023 SUMMARY STATEMENT:
Staff received Special Event Permit and Encroachment Permit applications and letter from Chelsi Perry with the Taft Chamber of Commerce, requesting to host their July 4th Fireworks Show on Saturday, July 1, 2023, along the trail between 2nd and 10th Streets. Set up of the event will begin at 3:00 PM with the festivities beginning at 4:00 PM with craft vendors, food vendors, bounce houses, and a DJ playing music. The fireworks show will begin at 9:00 PM, and the event will end by midnight.
The Taft Chamber of Commerce will meet with the Project Assistance Team, including Taft Police and Kern County Fire departments to address all logistical and safety concerns. The Chamber is requesting street closures for the fireworks launch site along Supply Row and the Rails to Trails path between 2nd and 4th Streets beginning at 7:00 AM, to provide for the needed safety zone for the fireworks contractor to set up. Also, the Chamber is requesting that Sixth Street be closed between Supply Row to Main Street beginning at 3:00 PM to allow safe pedestrian movement around the Rails to Trails stage. Parking will be provided at multiple locations, including dirt lots along Supply Row and Main Street from 10th Street to 4th Street. California Vehicle Code section 21101 authorizes local agencies by resolution to close streets for special events.
The Chamber is requesting the Special Event and Encroachment fees be waived consistent with the Memorandum of Understanding with the City.
Conditions of approval:
1. $2,000,000 liability insurance naming City of Taft as additional insured
2. Trash receptacles
3. Portable chemical toilets
4. Business Licenses for all Chamber approved vendors
RECOMMENDED ACTION:
1. Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2023-07 AND ENCROACHMENT PERMIT BY THE TAFT CHAMBER OF COMMERCE TO HOST THE JULY 4TH FIREWORKS SHOW ALONG THE RAILS TO TRAILS BETWEEN 2ND AND 10TH STREETS, INCLUDING THE CLOSURES OF SUPPLY ROW AND RAILS TO TRAILS BETWEEN 2ND AND 4TH STREETS, AND 6TH STREET BETWEEN MAIN STREET AND SUPPLY ROW ON SATURDAY, JULY 1, 2023
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution, Chamber of Commerce Letter, Special Event Permit Application, Encroachment Permit Applications, Event Flyer, and Site Plan PREPARED BY: Mark Staples, Director, Planning & Community Development RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING SPECIAL EVENT PERMIT NO. 2023-07 AND
ENCROACHMENT PERMIT FOR THE JULY 4TH FIREWORKS SHOW
BY THE TAFT CHAMBER OF COMMERCE ALONG THE RAILS TO
TRAILS, AND THE CLOSURE OF SUPPLY ROW AND RAILS TO
TRAILS FROM 2ND TO 4TH STREETS, AND 6TH STREET FROM SUPPLY ROW TO MAIN STREET ON SATURDAY, JULY 1, 2023
WHEREAS, the Taft Chamber of Commerce has submitted a letter requesting to hold a Fireworks Show along the Rails to Trails area and on City property between 2nd and 10th Streets on Saturday, July 1, 2023; and
WHEREAS, the Taft Chamber of Commerce has submitted an Encroachment Permit requesting the closure of Supply Row and the Rails to Trails path between 2nd and 4th Streets beginning at 7:00AM until 11:00PM, and 6th Street from Supply Row to Main Street from 3:00PM to 11:00PM on Saturday, July 1, 2023; and
WHEREAS, the Taft Chamber of Commerce requests that all Special Event and Encroachment Permit fees shall be waived consistent with the MOU, dated December 18, 2012, between the City of Taft and the Taft District Chamber of Commerce; and WHEREAS, The Chamber of Commerce shall be responsible for providing sufficient trash receptacles and portable chemical toilets, and shall clean up all trash and debris at the conclusion of the event; and ensuring all vendors hold business licenses with the City of Taft.
WHEREAS, Section 21101 (e) of the California Vehicle Code requires a resolution by Council to temporarily close streets for special events.
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event as follows:
SECTION 1. The City Council hereby makes the following Special Event findings:
1. The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
2. The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.
SECTION 2. The City Council hereby approves Special Event No. 2023-07 and Encroachment Permit with the conditions of approval set forth in this resolution as follows:
Resolution No. ______
1. The Special Event is approved for the following times:
Set-up and Street Closures: Saturday, July 1, 2023, Fireworks at 7:00 AM, Vendors at 3:00PM Event time: Saturday, July 1, 2023, from 4:00 PM to 11:00 PM Breakdown of event: Saturday, July 1, 2023 by 11:59 PM
2. The Chamber of Commerce shall provide sufficient evidence of $1,000,000 liability insurance naming the City of Taft as certificate holder.
3. The Fireworks contractor shall provide sufficient evidence of $2,000,000 liability insurance naming the City of Taft as certificate holder.
4. The Chamber shall provide sufficient trash receptacles in the event area and shall remove all trash from the area at the conclusion of the special event.
5. The Chamber shall provide sufficient portable chemical toilets in the event area.
6. All Taft Chamber of Commerce approved vendors of the special event shall have a business license with the City of Taft. No vendor shall be issued a business license without being an authorized vendor by the Chamber.
7. The Taft Chamber approved alcohol vendor for this event shall submit for their own and receive approval for an Encroachment Permit to serve on City property.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023 ________________________________
Dave Noerr, Mayor
ATTEST:
__________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF TAFT )
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 20th day of June, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
Yvette Mayfield, MMC
City Clerk
4th St.
EAST
NORTH
SOUTH
WEST
Main St.
Supply Row
————— Bike Path —————
Taft Oilworkers
MonumentStage
Pathway
Sidewalk
FOOD VENDOR ———
6th Street——— ——
6th Street——-
BEST WESTERN
HOTEL
If you have any questions or to help locate your space on Saturday afternoon, please call OR TEXT Chelsi at 661-330-0739. Vendor space numbers will be marked in paint on the grass along the bike path.
July 1, 2023 Schedule of Events
3:00 pm-4:00pm: Vendor Set Up (by 4pm)
9:00 pm : Fireworks Show
You may begin setup on Saturday at 3:00 pm. Please be courteous of other vendors. You can park your car close to your spot to unload, but MUST move it elsewhere by 4:00 pm.
(MAP IS NOT DRAWN TO SCALE!)
FOOD VENDOR
Taft Fireworks Show
Saturday, July 1, 2023
Rails to Trails—Taft, CA
10th St.
Restrooms
DJ
BOOTH
BEER GARDEN
FOOD VENDOR
Bounce Houses
FOOD VENDOR
<— Craft Vendors
<— Craft Vendors Craft Vendors —>
Craft Vendors —>
FOOD VENDORS
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPOINT REPRESENTATIVE TO THE WEST SIDE MOSQUITO AND VECTOR CONTROL BOARD
SUMMARY STATEMENT
Pursuant to Section 5783.5 of California Public Resources Code and the City’s policy regarding appointments to Boards and Commissions, notice was duly advertised informing those interested to submit an application for serving on the West Side Mosquito and Vector Control Board.
City of Taft Administrative Policies and Procedures Manual, Section 103, states that one member of the West Side Vector Control District Board is appointed by the City Council and that they must be a registered voter and live within the city limits during the entire term of appointment.
Pursuant to Sections 5783.5, 5783.13 and 5784.3 of the California Public Resources Code and Section 1779 of the California Government Code the City Council appointments are for a four-year term. With this being an unexpected vacancy with only 6 months left on this term, staff is recommending appointment for the completion of this term and the next term expiring December 31, 2027.
Only one application was received for this vacancy from long-time local resident, Randy Miller, and recommendation is to appoint Mr. Miller to fill the extended term.
RECOMMENDED ACTION:
1. Motion to appoint Randy Miller to serve on the West Side Mosquito and Vector Control District Board for the completion of the vacated term and upcoming term ending December 31, 2027.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ADDITION OF ACCOUNTANT POSITION
SUMMARY STATEMENT:
Staff has conducted a review of the on-going duties and responsibilities of the Finance Department.
Previously the Finance Department had a dedicated Accountant position, but that position was deleted for costs saving upon the closure of the Correctional Facility. This has left the Finance Department with no professional level accounting staff with the exception of the Finance Director.
The volume of work demand and reporting requirements warrants a dedicated position that is able to perform duties at the level of an Accountant. This position will also be expected to be able to provide back to up and act in the absence of the Finance Director.
Both the Personnel Committee and Finance Committees have reviewed this request and recommends approval of the classification of Accountant at Salary Range 61.3 ($2884-$3681 bi-weekly).
RECOMMENDED ACTION:
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF ACCOUNTANT and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No, costs are included in the 2023/2024 budget ATTACHMENT (Y/N): Resolution and Proposed Job Specification PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE
CLASSIFICATION OF ACCOUNTANT
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan for the addition of the Accountant position.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
Number of Positions Position Title Salary Range (Bi-weekly) ADD: One (1) Accountant 61.3($2884-3681 bi-weekly)
PASSED, APPROVED AND ADOPTED this 20h day of June, 2023 _____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on this 20th day of June, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
CITY OF TAFT
ACCOUNTANT
Salary Range 61.3
GENERAL PURPOSE $2884-3681 bi-weekly
Under direction, performs complex professional accounting duties including the examination, analysis, maintenance, reconciliation and verification of financial records and performs related work as required. This professional accounting classification requires independent judgment, initiative and decision making; a sufficient knowledge to independently perform complex professional accounting responsibilities and may oversee major accounting functions under supervision of the Finance Director and provides other duties as required.
REPORTS TO:
Finance Director or designee
SUPERVISES:
May provide lead direction and oversight to paraprofessional and clerical classifications.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Employees are expected to perform a variety of other duties as assigned:
• Maintains the City's computerized Governmental Funds and Account Groups accounting general ledger system. Includes review of each account and preparation of appropriate adjusting journal entries for Finance Directors approval.
• Maintains the City's computerized fixed assets account module and purchasing module. • Prepares periodic reports and assists in the preparation of the annual and other State or Federal reports.
• Prepares a variety of detailed accounting, statistical, and narrative financial statements or reports. • Makes journal entries to balance and close quarterly books in general ledger, revenue and expense accounts; reconciles general ledger and subsidiary utility accounts. • Reviews indirect and overhead costs of the City.
• Reconciles monthly bank statements and prepares monthly Treasurer's report. Prepares adjusting entries to record reconciling items.
• Performs periodic financial studies, research and analyses as required by the supervisor. • Assist the Finance Director in the operation and maintenance of the City's central financial computer system.
• Assist the Finance Director in the preparation, evaluation, and maintenance of budgets and budgetary controls.
• Assist in preparation of year-end reports.
• Provide assistance and information to outside auditors as required. • Oversee and review the work of fiscal and clerical personnel in making entries, reconciliation’s, and performing other fiscal record-keeping work as instructed. • Assist City employees with the financial aspects in special projects as needed. • Maintain effective working relationships with employees, supervisors, City officials, and the public. • May make presentations and/or provide information to the City Council or committees. • Provides periodic back-up to other related positions.
ACCOUNTANT Cont’d
Necessary Knowledge, Skills and Abilities:
• Working knowledge of Governmental Fund accounting theory, principles, and practices. • Considerable knowledge of internal control procedures and management information systems • Working knowledge of office automation and computerized financial applications • Knowledge of public finance and fiscal planning
• Knowledge of payroll and accounts payable functions.
• Considerable knowledge of budgetary, accounting and reporting systems, GAAFR, GAAP and GASB.
• Ability to plan, initiate and complete complex work assignments with a minimum of direction. • Ability to maintain efficient and effective financial systems and procedures. • Ability to accurately account for City funds.
• Ability to establish and maintain effective working relationships with employees, supervisors, City officials, and the public
• Ability to communicate effectively, orally and in writing. • Ability to analyze complex fiscal data and draw logical conclusions. • Ability to define accounting problems and recommend effective and valid solutions, and verbally communicate accounting procedures and policies clearly to others. • Proficiently use personal computer applications including spreadsheet software. • Ability to prepare and present reports clearly and concisely. • Organize work and set priorities to meet deadlines.
• Read, understand and apply legal requirements and administrative polices to departmental accounting functions; and perform basic and complex mathematical calculations. • Ability to maintain complete and accurate files, maintain records according to the City’s retention schedule.
• Possess the principles and practices of supervision and training.
DESIRED MINIMUM QUALIFICATIONS
Education and Experience:
A combination of training, education and experience that is equivalent to one of the employment standards listed below and that provides the required knowledge and abilities.
Graduation from an accredited four-year college or university with a bachelor’s degree in accounting, finance, or closely related field with at least 24 semester units in accounting.
ACCOUNTANT Cont’d
\job descriptions\accountant II .des.doc
Additional Qualifications:
A. Possess and maintain a valid California Class C Driver’s License.
B. Pass a post-offer medical examination which includes a drug test.
C. Pass a Department of Justice criminal record check for employment.
TOOLS AND EQUIPMENT USED
Personal computer, including spreadsheet and word processing software; central financial computer system; telephone; 10-key calculator; typewriter; copy machine; fax machine REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ADDITION OF EXTRA HELP CITIZEN PATROL
SUMMARY STATEMENT:
The Taft Police Department is responsible for providing protection to the approximate 10 square miles of the city and the 9,000 citizens of Taft. The Taft Police Department utilizes all department resources to provide 24-hour police coverage for the city as well as the operation of a Type 1 Jail Facility.
Upon review of the current organizational structure and resources, it is recommended to create a new position of Extra-Help Citizen Patrol. The proposed classification of Extra Help Citizen Patrol will be a civilian law enforcement position and will function as assistance for sworn and non-sworn personnel, in addition to providing supplemental patrol duties within the city.
The Personnel and Finance Committees have reviewed this request and recommends the City Council approve the classification of Extra Help Citizen Patrol and allocate up to six (6) Extra Help positions and an hourly rate of up to $18 per hour depending on qualifications and experience.
RECOMMENDED ACTION:
Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION EXTRA HELP CITIZEN PATROL and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No, costs are included in the 2023/2024 budget ATTACHMENT (Y/N): Resolution and Proposed Job Specification PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE
CLASSIFICATION EXTRA HELP CITIZEN PATROL
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan to add the classification of Extra Help Citizen Patrol.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
Number of Positions Position Title Salary Range (Bi-weekly) ADD: Six (6) Extra Help Citizen Patrol Up to $18 per hour PASSED, APPROVED AND ADOPTED this 20h day of June, 2023 _____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on this 20th day of June, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
CITY OF TAFT
CLASS TITLE: EXTRA HELP CITIZEN PATROL
Salary Range
Up to $18 Hourly
BASIC FUNCTION:
This is a civilian law enforcement classification. Principal duties include assisting both sworn and non-sworn personnel. This position may be required to work any shift, weekends and holidays.
SUPERVISION RECEIVED
Works under the general supervision of the Police Chief or his/her designee.
SUPERVISION EXERCISED
None generally.
ESSENTIAL DUTIES AND RESPONSIBILITIES
• Patrols the Taft city areas including but not limited to; streets, alleyways, parks, businesses and business districts, elementary schools, high schools, college areas and any other areas which have or may have crime related incidents.
• Performs other related duties as required.
DESIRED MINIMUM QUALIFICATIONS
• High School Diploma, G.E.D. or equivalent.
• Possess and maintain a valid California Class C driver’s license.
Necessary Knowledge, Skills and Abilities:
• Public safety communication systems and organizations, procedures and practices; • Basic law enforcement terminology and concepts;
• Local geography including location of streets, highways, public buildings and public facilities; • Modern office practices, procedures and equipment including computers and related software.
Ability to:
• Read, understand and explain applicable laws, regulations and ordinances; • React quickly and calmly in emergencies;
• Obtain and verify information through telephone contacts and personal interviews; • Work independently with little supervision, analyze situations and exercise sound judgement;
• Establish and maintain effective working relationships and professionalism with those contacted during the performance of assigned duties;
• Drive a variety of vehicles;
• Operate radio and telephone equipment, following departmental and F.C.C. regulations; • Think and act quickly during emergencies, and evaluate situations accurately; • Perform in a manner which reflects the City and Police Department missions, values and goals.
OTHER REQUIREMENTS
Must be able to meet state standards for accessing criminal history information as determined by a comprehensive background and psychological examination.
Must be willing to work various hours, rotating shifts, weekends and holidays.
TOOLS AND EQUIPMENT USED
Patrol vehicle, police radio, and first aid equipment.
PHYSICAL DEMANDS
Physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to talk or hear. Employee frequently is required to sit, stand, walk, use hands and fingers to handle or feel objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, or crouch.
Employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee frequently works in outside weather conditions and is occasionally exposed to wet and/or humid conditions.
SELECTION GUIDELINES
City of Taft application, rating of education and experience; oral interview and reference check; job related tests may be required including background investigation and employee physical by the city physician.
The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position.
The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ADDITION OF OFFICE ASSISTANT POSITION
SUMMARY STATEMENT:
Staff has conducted a review of the on-going duties and responsibilities of the reception office for City Hall as well as its relation to and support of other departments in the City. Previously this position was combined with the Permit Technician for cost saving resulting in one position assuming both functions.
This has left the Planning and Building Department without dedicated support and relying on extra-help temporary work to fill in for coverage.
The volume of work and demands on the Planning and Building Department as well as ever- increasing demands on Code Enforcement warrants full-time dedicated support. In order to better service the public, contractors and those seeking services from Planning and Buildings staff intends to open the lobby in the Planning and Building area for dedicated services and maintain the main lobby for other services. The position of Permit Technician/Office Assistant will provide support to the Planning, Building and Code Enforcement and provide back-up coverage at the main reception area.
In order to provide the level of service that is warranted staff recommends allocating the full-time position of Office Assistant.
Both the Personnel and Finance Committees have reviewed this request and recommends the City Council approve adding one (1) position of Office Assistant at salary range 28.8 ($1281-1635 bi-weekly).
RECOMMENDED ACTION:
Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF OFFICE ASSISTANT and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No, costs are included in the 2023/2024 budget ATTACHMENT (Y/N): Resolution and Proposed Job Specification PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE
CLASSIFICATION OF OFFICE ASSISTANT
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan to add the classification of Office Assistant
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
Number of Positions Position Title Salary Range (Bi-weekly) ADD: One (1) Office Assistant 28.8 ($1281-1635 bi-weekly) PASSED, APPROVED AND ADOPTED this 20h day of June, 2023 _____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on this 20th day of June, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
CITY OF TAFT
CLASS TITLE: OFFICE ASSISTANT Salary Range 28.8
$1281-$1635 Bi-weekly
BASIC FUNCTION:
Under general supervision, the classification performs a variety of general and/or specialized clerical, secretarial and administrative work including answering phones, providing customer assistance, cashiering, filing, reception, form processing, record maintenance, mail, typing or data entry and bookkeeping; obtain and relate information related to department records, programs, and services; and perform a variety of other related duties as assigned.
REPORTS TO:
Various management positions depending on area of assignment.
SUPERVISES:
None
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Employees are expected to perform a variety of other duties as assigned:
• Assist the public in person or by telephone and obtains information needed in order to determine appropriate action to be taken.
• Schedules appointments; registers personnel for conferences and seminars; makes travel arrangements and itineraries; coordinates public use of City facilities (City Park, Council Chambers, Conference Rooms, etc.).
• Answer inquiries related to the department services, programs and operations. Disperse relevant information and refer clients to the appropriate personnel or location. • Explain proper use of forms and documents, screen and distribute incoming mail, material, and letters.
• Screen and route incoming calls using a phone console or routing equipment. • Maintain a variety of department personnel, financial, and statistical files and records in accordance with prescribed procedures and regulations.
• Check and review a diversity of information for completeness and accuracy, resolving discrepancies and errors.
• Perform numerical, alphabetical, chronological and/or subject matter filing, control logs, researches and assembles information from different locations. • Compile and assemble information from various sources and produces a variety of computer generated materials such as graphs, letters, reports, and fiscal or statistical statements. • Proof read typewritten material for grammar, punctuation, spelling, sentence structure, format, layout and clarity of language. Verify completeness and accuracy of references and identifies and corrects errors.
• Order supplies, monitor inventories, arrange for equipment repair, and maintain property control records.
• Composes, types, and edits correspondence, reports, memoranda, and other material requiring judgment as to content, accuracy, and completeness.
• Prepares agendas and supporting materials; may take and transcribe minutes; prepares and distributes minutes and reports.
• Receives the public and answers questions; responds to inquiries from employees, citizens and others and refers, when necessary, to appropriate persons; • May serve as cashier including receipting of utility payments and various other payments. • Issues various licenses and permits as assigned.
• Provides back-up to related positions.
• Prepares and maintains employee time and other related records for the department; may maintain City and departmental filing systems.
• Operate a personal computer and other modern office equipment. • Communicate effectively with others in person, in writing, and over the telephone and respond appropriately to situations.
• Create correspondence, spreadsheets, and presentation materials using various computer software programs.
• Complete multiple priority projects with conflicting deadlines and under stressful conditions. • Attends assigned meetings and training and conferences; interacts with outside agencies and commissions; participates in teams, or committees, or associations, as needed. • Some positions may be required to be fluent in languages in addition to English.
KNOWLEDGE AND ABILITIES
Knowledge of:
• Clerical and department work practices, procedures, programs, services, policies, and regulations. • Correct English usage, grammar, sentence structure, spelling, vocabulary and punctuation. • Basic mathematical functions.
• Modern office methods and practices including filing systems, business correspondence, and reception techniques.
• Business report writing and customer service techniques. • Common word processing, spreadsheet, and database software packages.
Ability to:
• Understand and carry out oral and written instructions. • Exercise good and independent judgment in determining and selecting appropriate process and responses.
• Prepare and maintain accurate reports and records.
• Deal tactfully and courteously with the public, county employees, and other staff. • Organize work and carry out assignments with minimum supervision. • Communicate effectively both orally and in writing.
• Proofread material.
• Working knowledge of computers and electronic data processing; working knowledge of modern office practices and procedures; some knowledge of accounting principles and practices. • Perform cashier duties accurately.
• Communicate effectively verbally and in writing; ability to handle stressful situations. • Work with and control sensitive and confidential information. • Establish and maintain respectful, effective and cooperative working relationships with those contacted in the course of work.
DESIRED MINIMUM QUALIFICATIONS:
Any combination of experience and education that would be likely to provide the required knowledge, skills, and abilities could be qualifying, as determined by the City. A typical way would be:
Education and Experience:
Graduation from a high school or GED equivalent and
One (1) year of related work experience involving general office practices such as reception, typing, filing, and bookkeeping.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually quiet.
TOOLS AND EQUIPMENT USED
Desktop computers, and software including word processing and spreadsheet applications; calculator; phone; and copy and fax machine, postage machine; 10-key calculator; dictating and recording equipment.
PHYSICAL DEMANDS
Work is performed mostly in office settings. Hand-eye-coordination is necessary to operate computers and various pieces of office equipment. While performing the duties of this job, the employee is occasionally required to stand or sit; walk; use hands to ginger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; talk or hear.
The employee must occasionally lift and/or move up to 10 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ADDITION OF SENIOR DISPATCHER/MATRON POSITION
SUMMARY STATEMENT:
The classification of Dispatcher/Matron is responsible for receiving calls for police and emergency services and dispatching appropriate personnel and equipment as well as performing police matron duties. Currently this classification reports to the Police Lieutenant. Due to ever increasing compliance and training requirements and departmental operations it is recommended to create the level of Senior Dispatcher
Upon review of the job classification and organizational structure it is recommended to change the one (1) position in the classification of Dispatcher/Matron I/II and create a new classification of Senior Dispatcher/Matron. The proposed classification of Senior Dispatcher/Matron will perform all duties and responsibilities of the Dispatcher/Matron function as well as be responsible for providing lead direction, oversight, training and ensuring compliance for Police Dispatch functions.
Both the Personnel and Finance Committees have reviewed this request and recommends the City Council approve the classification of Senior Dispatcher and adopt the new job specifications at Salary Range 44.6 ($1,900.95- $2,426.14 Bi-weekly).
RECOMMENDED ACTION:
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF SENIOR DISPACTHER/MATRON and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No, costs are included in the 2023/2024 budget ATTACHMENT (Y/N): Resolution and Proposed Job Specification PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING THE POSITION CLASSIFICATION PLAN TO ADD THE
CLASSIFICATION OF SENIOR DISPACTHER/MATRON
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan for the addition of the Senior Dispatcher/Matron position.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
Number of Positions Position Title Salary Range (Bi-weekly) Change:
One (1) FROM: Dispatcher/Matron I/II 34.6 ($1,480.92-$1,800.07)
38.6 ($1,636.47- $1,989.14)
TO: Dispatcher/Matron I/I/Senior Dispatcher 34.6/38.6/44.6 ($1,900.95- $2,426.14 Biweekly) PASSED, APPROVED AND ADOPTED this 20th day of June, 2023 _____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on this 20th day of June, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
CITY OF TAFT
CLASS TITLE: SENIOR DISPATCHER/MATRON
Salary Range 44.6
($1,900.95-$2,426.14 Bi-weekly)
BASIC FUNCTIONS
This position is a lead, oversight level civilian law enforcement classification. Duties include performing the duties and function of the Police Dispatcher/Matron but also responsible for providing lead direction, oversight, and training to Police Dispatchers/Matrons. The incumbent will also be responsible for organizing and maintaining a variety of records and performing a variety of other related duties as assigned.
REPORTS TO:
Chief of Police or Designee
SUPERVISES
Provides Oversight and Lead Direction to Dispatcher/Matron positions ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Train and provide oversight to Dispatch personnel.
• Prepare and analyze administrative reports as required. • Schedule Dispatch personnel for the most effective utilization of available personnel. • Oversee the 911 operations, Computer Aided Dispatch (CAD), California Law Enforcement Telecommunications System (CLETS), National Crime Information Center (NCIC), RIMS, STOP Data Systems mandated by the DOJ; and other public safety computer functions as they relate to the Dispatch Center.
• Act as a liaison officer with other departments, law enforcement agencies and cities. Monitor station and communications security and surveillance.
• Schedule communications equipment maintenance.
• Obtain information from hostile or traumatized individuals in emergency situations. • Inventory and order supplies.
• Provide feedback and assist in the professional development of assigned staff. • Perform all related duties of a Police Dispatcher/Matron as required. • Communicate verbally in a clear and effective manner. • Participate in training and updating programs, and prepare and update policies and procedures as required.
• Maintain accurate records and prepare clear and concise reports and materials.
Knowledge of:
• Public safety communication systems and organizations, procedures and practices. • Standard office procedures and methods, including filing and the operation of common office equipment.
• Basic law enforcement terminology and concepts.
• Telephone communications techniques for dealing with varied groups of people particularly in emergency situations.
• Principles and practices of supervision, training and personnel administration. • California Law Enforcement Telecommunications System (CLETS), and National Crime Information Center (NCIC) computer systems; RIMS and STOP systems, with the ability to train assigned staff and co-workers in their use.
• Federal Communications Commission rules and regulations as they pertain to emergency communications, and the ability to train Public Safety Dispatchers and co-workers in their policies and procedures.
Ability to:
• Operate radio and telephone equipment, following departmental and F.C.C. regulations. • Think and act quickly in emergencies and evaluate situations and people accurately. • Be in constant communication on the radio with police officers and on the telephone with citizens requesting police or fire service.
• Understand the police radio code system and to listen and write and/or type at the same time. • Learn to operate automated police information systems. • Learn to perform various law enforcement support work. • Resolve conflict.
• Effectively train and provide oversight and direction to employees. • Support and implement the decisions of Command Staff. • Work under pressure on several tasks and analyze and adapt to new situations. • Remain in control in difficult situations, use proper judgment and make appropriate decisions in stressful and non-stressful situations.
• Effectively delegate assignments to all communicators, as appropriate. • Establish and maintain effective working relationships with those contacted in the course of the work.
• Perform in a manner which reflects the City and Police Department mission, values and goals. • Use of common office software including Microsoft Office and applicable specialized law enforcement software.
• Operate a computer keyboard at sufficient speed and with sufficient accuracy (40 net words per minute) to enter data into an on-line computer system.
• Handling multiple activities simultaneously while maintaining attention to detail.
MINIMUM QUALIFICATION REQUIREMENTS:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily.
The typical education and experience for this position is:
Education & Experience:
Education equivalent to completion of two years of college with major work in police services, business, public administration, or a related field.
and
Five (5) years of full-time experience as a Public Safety Dispatcher. Supervisory experience is desirable.
Additional qualifying experience may substitute for the education requirement on a year for year basis.
Licenses & Certificates:
Possess a P.O.S.T. Basic Dispatch Certificate and a Communication Training Officer Certificate.
Possess and maintain a valid California Class C driver’s license.
Other Requirements:
Must be able to meet state standards for accessing criminal history information as determined by a comprehensive background and psychological examination.
Must be willing to work various hours, rotating shifts, weekends and holidays, and be available for callback.
PHYSICAL DEMANDS:
Physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to talk or hear. Employee frequently is required to sit, stand, walk, use hands and fingers to handle or feel objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, or crouch.
Employee must occasionally lift and/or move up to 20 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, and depth perception, the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually quiet.
SELECTION GUIDELINES
City of Taft application, rating of education and experience; oral interview and reference check; job related tests may be required.
The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position.
The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.
REVIEWED BY:
CITY CLERK
FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 20, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
AUTHORIZATION TO SUBMIT A REGIONAL SURFACE TRANSPORTATION (RSTP) APPLICATION TO KERN COG FOR THE REHABILITATION OF 4TH ST. FROM KERN ST. TO CALVIN ST.
SUMMARY STATEMENT:
Kern COG has issued a call for projects for federal RSTP grant funds. RSTP funds can be used to improve federally classified streets which consists of major roads i.e. collectors and arterial streets. Kern COG provides fair share funding for each local agency based on populations. Taft’s fair share for this 2023 Call for Projects is $190,000; there is a minimum required local match of 11.47% of the total project cost.
City Staff has determined that the top candidate for this grant funding is 4th St. from Kern St. to Calvin St.
The proposed project would consist of grinding the top 3 inches of roadway, removing the excess material, and repaving with 3 inches of hot mix asphalt, Also, included in the scope of work is striping, and adjustment of utilities to new grade. RSTP projects are required to upgrade all corners to ADA standards.
The project will also retrofit ADA ramps at various intersections and alleys within the proposed project limits.
The estimated project cost including environmental, design, construction management, and construction is $589,600.00 with a Federal match of $190,000 and a local match of $399,600.
Kern COG policy requires that local agencies adopt a resolution assuring that the agency is willing and able to provide the local match and that the project will be delivered. The plan would be to request preliminary engineering in the fiscal year 24/25, and construction in fiscal year 25/26.
RECOMMENDED ACTION:
Motion to 1) Adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT AUTHORIZING THE FILING OF AN APPLICATION FOR
REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) PROGRAM
FUNDING AND COMMITTING THE NECESSARY LOCAL MATCH AND
STATING THE ASSURANCE TO COMPLETE THE PROJECT; and
2) Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): YES – Local match estimated at $399,600 from the General Fund ATTACHMENT (Y/N): YES – Resolution, Engineer’s Estimate, Site Map PREPARED BY: Craig Jones – City Manager
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE FILING OF AN APPLICATION FOR REGIONAL
SURFACE TRANSPORTATION PROGRAM (RSTP) PROGRAM FUNDING
AND COMMITTING THE NECESSARY LOCAL MATCH AND STATING THE
ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Taft is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Taft (herein referred to as APPLICANT) is submitting an application to the Kern Council of Governments (Kern COG) for $190,000 in funding from the RSTP Program for the 4th Street Rehabilitation from Kern St. to Calvin St. (herein referred to as PROJECT); and
WHEREAS, the APPLICANT has the financial capacity to complete, operate, and maintain the project; and
WHEREAS, the APPLICANT will insure that funds required from other sources will be reasonably expected to be available on the time frame needed to carry out the project; and
WHEREAS, the APPLICANT is authorized to execute and file an application for funding the PROJECT under the Regional Surface Transportation Program (RSTP); and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Taft by adopting this resolution does hereby state that:
1. APPLICANT will provide ($399,600 minimum match amount) in local matching funds; and
2. APPLICANT understands that the RSTP funding for the project is fixed at the approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional RSTP funding; and
3. APPLICANT understands the funding deadlines associated with these funds and will comply with the program implementation procedures described in Chapter 2 of the Kern COG Project Delivery Policies and Procedures manual; and
4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the Federal Transportation Improvement Program (FTIP); and
5. APPLICANT and the PROJECT will comply with the requirements as set forth in the program; and
6. APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with Kern COG for RSTP funding for the PROJECT as referenced in this resolution.
Resolution No. ________
June 20, 2023