Bakersfield Municipal Code Ch. 14.02 Water Use Regulations

A. Outside irrigation of ornamental landscapes or turf with potable water is allowed in accordance with the rules and regulations promulgated by the State Water Resources Control Board relative to water usage.

B. Outside irrigation in a manner that causes water to flow onto adjacent property, nonirrigated areas, sidewalks, and/or gutters is strictly prohibited.

C. Outside irrigation is advised to be done after six p.m. and before nine a.m. for optimal efficiency.

D. In addition to the above, commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, shall immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets of the State Water Resources Control Board as amended from time to time.

E. All irrigation and landscaping projects shall adhere to that certain Model Water Efficient Landscaping Ordinance known and designated as California Code of Regulations, Title 23, Chapter 2.7 as adopted by the state and as pursuant to Chapter 17.61 of this code, Landscape Standards. (Ord. 5035 § 1, 2020; Ord. 4915 § 1, 2017; Ord. 4830 § 1, 2015; Ord. 4804 § 2, 2015)

Failure to comply with these regulations may be punishable as an infraction, or misdemeanor pursuant to Bakersfield Municipal Code Section 1.40.010, an administrative citation pursuant to Bakersfield Municipal Code Section 14.02.030, or any other available remedies allowed by law. (Ord. 4830 § 1, 2015; Ord. 4804 § 2, 2015)

A. Whenever an enforcement officer charged with the enforcement of this chapter determines that a violation of a provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. Said enforcement officer shall be a trained city agent or their designee.

B. Each administrative citation shall contain the following information:

1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

2. The address or a definite description of the location where the violation occurred;

3. The section of the code violated and a description of the violation;

4. The amount of the fine and how to pay it;

5. A description of the administrative citation review process;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; and

7. The name and signature of the citing enforcement officer.

C. The fine shall be paid to the city within thirty days from the date of the administrative citation; payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

D. The city may collect any past due administrative citation fine by use of all available legal means. (Ord. 5102 § 1, 2022; Ord. 4830 § 1, 2015)

A. The fines for violation of this chapter shall be as follows:

1. Fifty dollars for the first offense, one hundred fifty dollars for the second offense, and two hundred fifty
dollars to one thousand dollars for each subsequent offense in a calendar year.

B. Any administrative citation fine paid pursuant to subsection A shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. (Ord. 4830 § 1, 2015)

Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to the city within thirty days from the date of the administrative citation, together with an advance deposit of the fine.

A. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.

B. An appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed.

C. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

D. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.

E. The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

F. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

G. The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

H. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation appeal may obtain review of the administrative decision by filing a petition for review with the Kern County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 4830 § 1, 2015)

The city manager shall designate the hearing officer for the appeal hearing.

A. After considering all of the testimony and evidence submitted at the appeal hearing, the hearing officer shall issue a written decision to uphold or dismiss the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the administrative citation should be upheld, the hearing officer may increase or decrease the fine amount. The appellant must pay the city any increased amount within thirty days of receiving the decision of the hearing officer.

C. If the hearing officer determines that the administrative citation should be dismissed or the fine reduced, the city shall refund the appropriate amount of the deposited fine within thirty days.

D. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 4830 § 1, 2015)