Bakersfield Municipal Code Ch. 1.28 Administrative Procedure

Sections: 1.28.010 Title. 1.28.020 Purpose. 1.28.030 Definitions. 1.28.040 Proviso. 1.28.050 Limitation. 1.28.060 Filing. 1.28.070 Fees. 1.28.080 Endorsement by city clerk. 1.28.090 Presumptions from filing. 1.28.100 Emergency regulations. 1.28.110 Effective date of regulation or order of repeal. 1.28.120 Notice of proposed action—Requirements generally. 1.28.130 Notice of proposed action—Contents. 1.28.140 Public proceedings. 1.28.150 Right to petition. 1.28.160 Procedure on petition.

This chapter of the Municipal Code of the city constitutes, and may be cited as, the administrative procedure ordinance of the city. (Ord. 2588 § 1, 1980; prior code § 3.08.010)

A. The provisions of this chapter are applicable to the exercise of any quasi-legislative power conferred by any ordinance heretofore or hereafter enacted, but nothing in this chapter repeals or diminishes additional requirements imposed by any such ordinance.

B. The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so expressly. (Prior code § 3.08.090)

In this chapter, unless otherwise specifically indicated:

A. “City agency” means any or all of the following listed agencies or boards:

Board of charity appeals and solicitations;

Inter-group relations board;

Board of building and housing appeals;

Fire prevention board of examiners and appeals;

Fire department pension board;

Bakersfield art commission.

B. “Order of repeal” means any resolution, order or other official act of a city agency which expressly repeals a regulation in whole or in part.

C. “Regulation” means every rule, regulation, order or standard of general application or the amendment, supplement or revision of any such rule, regulation, order or standard adopted by any city agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one which relates only to the internal management of the city agency. (Ord. 5020 § 8, 2020; prior code § 3.08.020)

A. Except as elsewhere provided in this code, nothing in this chapter confers authority upon or augments the authority of any city agency to adopt, administer, or enforce any regulations.

B. Each regulation adopted, to be effective, must be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law. (Prior code § 3.08.030)

Whenever by the express or implied terms of any ordinance a city agency has authority to adopt regulation to implement, interpret, make specific or otherwise carry out the provisions of the ordinance, no regulation adopted is valid or effective unless consistent and not in conflict with the ordinance and reasonably necessary to effectuate the purpose of the ordinance. (Prior code § 3.08.040)

Every city agency shall:

A. File with the city clerk a certified copy of every regulation adopted by it except one which:

1. Establishes or fixes rates, prices or tariffs,

2. Relates to the use of public works, including streets and highways, under the jurisdiction of any city
agency when the effect of such order is indicated to the public by means of signs or signals,

3. Is directed to a specifically named person or to a group of persons and does not apply generally
throughout the city;

B. File with the city clerk of the city a certified copy of every order of repeal of a regulation required to be filed under subsection A of this section;

C. Deliver to the city clerk of the city at the time of filing a regulation or order of repeal two duplicate copies of the regulation or order of repeal together with a citation of the authority pursuant to which it or any part thereof was adopted. (Prior code § 3.08.050)

No fee shall be charged by any city official or public officer for the performance of any official act in connection with the certification of filing of regulation pursuant to this chapter. (Prior code § 3.08.060)

The city clerk shall endorse on each copy of each regulation or error of repeal filed or delivered to her, the time and date of filing and shall maintain a file of the certified copies of regulations and orders of repeal for public inspection. (Prior code § 3.08.070)

The filing of a regulation or order of repeal with the city clerk raises the rebuttable presumptions that:

A. It was duly adopted;

B. It was duly filed and made available for public inspection at the day and hour endorsed on it;

C. All requirements of this chapter relative to such regulations have been complied with. (Ord. 2588 § 2, 1980; prior code § 3.08.080)

A. The provisions of this chapter shall not apply to any regulation not required to be filed with the city clerk under this chapter, and only this section of this chapter shall apply to any regulation prescribing an agency organization or procedure or to an emergency regulation adopted pursuant to subsection B of this section.

B. If in any particular case the city agency makes a finding that the adoption of a regulation or order of repeal is necessary for the immediate preservation of the public peace, health and safety or general welfare and that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, the regulation or order of repeal may be adopted as an emergency regulation or order of repeal. (Prior code § 3.08.100)

A regulation or an order of repeal required to be filed with the city clerk of the city shall become effective on the thirtieth day after the date of filing unless:

A. Otherwise specifically provided by the ordinance pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by such ordinance;

B. It is a regulation prescribing an agency’s organization or procedure, in which event it shall become effective upon filing or upon any later date specified by the city agency in a written instrument filed with, or as part of, the regulation or order of repeal;

C. It is an emergency regulation or order of repeal adopted pursuant to subsection B of Section 1.28.100, in which case the finding shall be filed with the city clerk together with the emergency regulation or order of repeal, which shall, in that event only, become effective upon filing or upon any later date specified by the city agency in a written instrument filed with, or as part of, the regulation or order of repeal;

D. A later date is prescribed by the city agency in a written instrument filed with, or as part of, the regulation or order of repeal. (Prior code § 3.08.110)

A. At least thirty days prior to the adoption, repeal or rescission of a regulation, notice of the proposed action shall be:

1. Published in a newspaper of general circulation, trade or industry publication, as the city agency shall
prescribe;

2. Mailed to every person who has filed a request for notice thereof with the city agency;

3. In cases in which the city agency is within a city department, mailed or delivered to the head of such
department;

4. When appropriate in the judgment of the city agency,

a. Mailed to any person or group of persons whom the agency believes to be interested in the
proposed action and,

b. Published in such additional form and manner as the city agency shall prescribe.

B. Where the form or manner of notice is prescribed by ordinance in any particular case, in addition to filing and mailing notice as required in this section, the notice shall be published, posted, mailed, filed or otherwise publicized as prescribed by that ordinance.

C. The failure to mail notice to any person as provided in this section shall not invalidate any action taken by a city agency pursuant to this chapter. (Prior code § 3.08.120)

The notice of proposed adoption, repeal or rescission of a regulation shall include:

A. A statement of the time, place and nature of the proceedings for adoption, repeal or rescission of the regulation;

B. Reference to the authority under which the regulation is proposed;

C. Either the express terms or an informative summary of the proposed regulation;

D. Such other matters as are prescribed by ordinance applicable to the specific city agency or to any specific regulation or class of regulations. (Prior code § 3.08.130)

A. On the date and at the time and place designated in the notice the city agency shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present the same orally. The city agency shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

B. In any hearing under this section the city agency or its duly authorized representative shall have the authority to administer oaths or affirmations, and may continue or postpone such hearing from time to time to such time and at such place as it shall determine. (Prior code § 3.08.140)

A. Except where the right to petition for adoption of a regulation is restricted by ordinance to a designated group or where the form of procedure for such a petition is otherwise prescribed by ordinance, any interested person may petition a city agency requesting the adoption or repeal of a regulation as provided in this chapter.

B. Such petition shall state clearly and concisely:

1. The substance or nature of the regulation, amendment, or rescission requested;

2. The reasons for the request;

3. Reference to the authority of the city agency to take the action requested. (Prior code § 3.08.150)

Upon receipt of a petition requesting the adoption, amendment or repeal of a regulation pursuant to this chapter, a city agency shall within thirty days deny the petition in writing or schedule the matter for public hearing. (Prior code § 3.08.160)