The URL can be used to link to this page

Home My Public Portal AboutOrdinance 3641 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 364 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF UNSAFE OR DILAPIDATED BUILDINGS THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. UNSAFE OR DILAPIDATED BUILDINGS AS NUISANCES: All buildings or structures which are structurally unsafe,or are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes within the City of Beaumont, which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be declared a nuisance by the City Council of the City of Beaumont and thereafter abated as herein provided. Section 2. MAY BE DECLARED NUISANCE BY RESOLUTION OF INTENTION TO COMMENCE ABATEMENT PROCEEDINGS: Whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City of Beaumont, the City Council may by resolution declare the same to be a public nuisance; said resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the street by the name under which it is officially or commonly known and describe the property upon which such nuisance exists by giving the lot and block number thereof and no other description of such property shall be required. The City Clerk shall forward a certified copy of said resolution to the County Recorder of Riverside County for recordation. Section 3. TO ABATE BY REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL: All buildings or structures declared to be public nuisances and ordered to be abated, hereby shall be abated by repair, rehabilitation, demolition, or removal. Section 4. NOTICE OF HEARING TO ABATE BUILDINGS OR STRUCTURES BY REMOVAL OR REPAIR: After the passage of said resolution, the Building Inspector shall cause to be conspicuously posted on the building or buildings, structure or structures, declared to be a public nuisance, a certified copy of the Resolution of Intention of the City Council of the City of Beaumont, and at least two notices of the time and place of hearing before the City Council, which said notices shall be titled: "NOTICE OF HEARING' in letters of not less than one inch in height and shall be substantially in the following form: NOTICE OF HEARING building(s) or structure(s), consisting of located or standing upon that certain lot, piece or parcel of land, situate, in the City of Beaumont, County of Riverside, State of California, known and designated as Number Street, in said City and more particularly described as Lot No. Block No. , in said City of Beaumont, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City of Beau- mont, in which case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapi- dated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. All persons having any objection to, or interest in the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City of Beaumont to be held in the City Hall, on the day of , 19 , at the hour of M., of said day, when their objections will be heard and given due consideration. DATED: This day of , 19 Building Inspector Section 5. POSTING AND SERVING NOTICE AND RESOLUTION TO REMOVE (REPAIR) BUILDING OR STRUCTURE: The Building Inspector shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the Resolution of Intention of the City Council of the City of Beaumont, in accordance with the provisions of Section 6. Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the City Council and proof of posting and service of such notices and resolutions shall be made by affidavit which shall be filed with the said City Council. Section 6. FORM OF PROPER SERVICE OF NOTICE AND RESOLUTION ON OWNER: Proper service of said notice and resolution shall be by personal service upon the person owning the property as such person's name and address appears on the last equalized assessment roll, if he is found within the City limits, or if he is not to be found within the City limits, by depositing a copy of said notice and resolution in the U. S. Post Office properly enclosed i a sealed envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, or if not known, shall hear and consider all objections or protests, if any, shall. receive testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of said hearing, said City Council shall allow or overrule any and all of said objections. If said City Council finds that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, said Council shall prepare and file a report of such findings. Section 8. FINAL ACTION BY CITY COUNCIL IN RE REMOVAL OR DESTRUCTION: Upon filing the report of the City Council that a public hearing was held and that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, the City Council by resolution shall order the Building Inspector to abate said nuisance after a period of thirty (30) days by having the unsafe or dilapidated buildings or structures referred to removed or repaired and he and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose. Section 9. SERVICE ON OWNER OF RESOLUTION TO ABATE AFTER THIRTY DAYS: A copy of said resolution ordering the Building Inspecto to abate said nuisance after thirty (30) days shall be served upon the owner of said property in accordance with the provisions of Section 6. Any property owner shall have the right to have any such unsafe or dilapidated buildings or structures removed or repaired at his own expense, provided the same is done prior to the expiration of the thirty (30) days. Section 10. RECORD OF COST FOR REMOVAL OR REPAIR --REPORT: The Building Inspector shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the said City Counci showing the cost of repairing, rehabilitating, demolishing or re- moving said buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon the property upon which suc unsafe or dilapidated buildings or structures were situated to- gether with a notice of the time when said report shall be sub- mitted to the City Council for confirmation, and a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section 6, at least five (5) days prior to submitting the same to the Council; proof of said posting and service shall be made by affidavit and filed with the City Clerk of the City of Beaumont. 1. The term "incidental expenses" shall include, Section 11. REPORT --HEARING ON AND PROCEEDING IN RE: At the date and time fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Building Inspector, together with any objections or protest which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed, provided that said hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive. Section 12. ASSESSMENT OF COSTS AGAINST PROPERTY --LIEN: The amount of the cost for abating such nuisance upon the various lots or parcels of land, as confirmed by the City Council, shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessments, respectively. After the confirmation of said report, a copy shall be turned over to the City Treasurer for the City of Beaumont, whereupon it shall be the duty of said City Treasurer to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. Section 13. VALIDITY:: If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portions of the Ordinance. The City Council of the City of Beaumont hereby declares that it would have passed each section sub -section, sentence, clause and phrase of this Ordinance irrespective of the fact that one or more sections, sub -sections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. Section 14. REPEAL OF CONFLICTING ORDINANCES: All other ordinances or parts of other ordinances in conflict herewith are hereby repealed. Section 15. CERTIFICATION: The City Clerk of the City of Beaumont shall certify to the adoption of this Ordinance and shall cause the same to be published in the Beaumont Gazette, a newspaper of general circula- tion, printed, published and circulated in the City of Beaumont, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: ity er I, BERNICE CONINE, City Clerk of the City of Beaumont, Cali- fornia, hereby certify that the foregoing Ordinance, being Ordinance No. 3b4 of the City of Beaumont, was introduced and read at a regular meeting of the City Council of the City of Beaumont, duly held on the lltkilay of May_: , 1965, and that the same was duly passed and adopted at the regular meeting of said City Council duly held on the 25th day of May`, 1965. AYES: Councilmen Haskell, E'er , Brazie and Houston. NOES: Councilmen none. ABSENT: Councilman i iu se . City Clerk