Severability in Bakersfield City Laws - What It Means
In Bakersfield, California, severability clauses determine whether the remainder of a city ordinance stays in force if one part is declared invalid. Municipal ordinances and administrative rules commonly include a short severability statement to protect the rest of the law from being undone by a court ruling or executive decision. This guide explains how severability typically operates in city law, who enforces ordinances in Bakersfield, what penalties or non-monetary sanctions may follow a violation, and practical steps residents or businesses can take to challenge, appeal, or request variances.
What a severability clause does
A severability clause says that if a court or tribunal finds a specific provision invalid, that finding does not automatically void the entire ordinance. Instead, the invalid part is severed and the remaining provisions continue to operate so long as the ordinance can function as the city council intended without the struck provision.
How severability usually works in practice
- Drafting: many Bakersfield ordinances include a short severability sentence in their general provisions or at the end of the ordinance.
- Judicial review: a court interprets whether the remaining law still reflects the legislative intent; if yes, the rest remains effective.
- Council intent: where severability is unclear, city council findings and the ordinance history can be decisive.
- Administrative effect: enforcement agencies may continue to apply the ordinance except for the invalidated section, pending appeal or amendment.
Penalties & Enforcement
Enforcement of Bakersfield city ordinances is carried out by the department or office named in the ordinance text (for example, Code Enforcement, Police, Planning, or Building Divisions). Specific fine amounts for violations tied to severability determinations are generally handled under the controlling ordinance or code chapter; where a severed provision affects a penalty, the municipal code language or separate penalty provision controls.
- Fine amounts: not specified on the municipal code pages linked in Resources; individual chapters or penalty schedules specify amounts.
- Escalation: first versus repeat or continuing offences are governed by the specific ordinance or code chapter and are not universally specified for severability outcomes.
- Non-monetary sanctions: office orders, abatement orders, cease-and-desist directives, permit suspensions, and court injunctions may apply depending on the ordinance.
- Enforcers and complaints: Code Enforcement and the City Attorney typically coordinate enforcement; complaints may be filed through the city Code Enforcement or City Clerk offices listed below in Resources.
- Appeals and time limits: appeal routes depend on the ordinance (administrative hearing, planning commission, municipal court); time limits also vary by chapter and are specified where the ordinance or municipal code sets an appeal period.
- Defences and discretion: common defences include compliance with a valid permit, good-faith reliance on city guidance, or that the invalidated provision is severable; officials and courts have discretion to interpret intent and remedy gaps.
Applications & Forms
No specific "severability" application exists; remedies follow existing processes such as filing an appeal, requesting a variance, or submitting an enforcement response through the department named in the ordinance. For administrative appeals or permit variances, the relevant form and fee are published by the department handling the permit or enforcement action.
Common violations connected to severability issues
- Land-use or zoning conditions challenged for overbreadth.
- Building or inspection requirements where one procedural clause is invalidated.
- Traffic or parking rules with parts struck but the rest remaining enforceable.
- Fine schedules tied to a provision later held invalid.
FAQ
- What happens if a court invalidates part of a Bakersfield ordinance?
- The invalid part is typically severed and the remaining provisions stay in force if they can operate independently and reflect council intent.
- Who enforces remaining provisions after severability?
- Enforcement is by the department named in the ordinance, commonly Code Enforcement, Planning, Building, or the Police Department.
- Can I appeal an enforcement action that relies on a provision later voided?
- Yes; appeal options depend on the ordinance and may include administrative hearings, planning appeals, or court review. Check the specific ordinance or contact the enforcing department.
How-To
How to respond when a provision tied to your permit or enforcement is invalidated:
- Confirm the decision and read the court or administrative ruling carefully to identify the exact language invalidated.
- Contact the enforcing department (Code Enforcement, Planning, or Building) to learn current enforcement expectations and whether enforcement continues under other provisions.
- File an administrative appeal or submit a variance request if the relief you need fits those processes; use the official appeal or variance form for that department.
- If necessary, consult the City Attorney or seek judicial relief to clarify how the severability ruling affects your obligations.
- Where fines or penalties are at issue, follow the city's payment or contest procedures to preserve appeal rights and avoid escalation.
Key Takeaways
- Severability clauses keep valid parts of a law effective even if a portion is struck down.
- Enforcement continues under the remaining provisions unless the ordinance is wholly dependent on the invalidated clause.
- Appeals, variances, and amendments are the common remedies; follow department procedures precisely.
Help and Support / Resources
- Municipal Code - Bakersfield (official code repository)
- City Clerk - Ordinances & Records
- Code Enforcement - City of Bakersfield
- Planning Division - City of Bakersfield