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HomeMy Public PortalAboutOrdinance 385ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA RESCINDING ORDINANCE NO. 134, AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH, AND DECLARING DRY WEEDS, DEAD SHRUBS AND DEAD TREES, AND CERTAIN WASTE MATTER TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT AND REMOVAL THEREOF. The City Council of the City of Beaumont does ordain as follows: Section 1: (a) All weeds, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property within the City of Beaumont, which by reason of their size, manner of growths and location constitute a fire hazard to any building, improvements, or other property, and weeds and grasses which, when dry, will, in the sole judgement of the Fire Chief, constitute such a fire hazard, are hereby declared to be a public nuisance. (b) Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the Fire Chief or his authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, a fire -break may be required, as specified by the Fire Chief. Section 2: Waste matter as hereinafter defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance as defined by Section 1, is hereby declared a public nuisance. Section 3: Waste matter is defined for the purpose of this ordinance as unused or discarded matter 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 enumer- ation) of such matter and material as: (a) Rubble, asphalt, concrete, plaster, tile; (b) Rubbish, crates, cartons, metal and glass containers; (c) Vehicle bodies and parts. Section 4: If it is determined that a public nuisance exists on any lot or premise, or upon any sidewalk, parking or street adjacent to such lot or premise, the Chief of the Fire Department shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in letters not less than one inch (1") in length and which shall, in legible charac- ters, direct the abatement of the nuisance and refer to this ordinance for parti- culars. Notices served by means other than posting as provided by this ordinance shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance. Section 5: The notice required by Section 4 of this ordinance may be served in any of the following manners: (a) By personal service on the owner, occupant or person in charge or control of the property. (b) By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known. (c) By posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City of Beaumont. Said newspaper advertisement shall be a general notice that property in the City of Beaumont has been posted in accordance with this ordinance and contain a general statement of the effect of such postings. The date of such newspaper 1 advertisements shall not be considered in computing the appeal periods provided by this ordinance. Section 6: Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premise affected may appeal to the City Council of Beaumont. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than five (5) days nor more than twenty (20) days thereafter, it shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. Section 7: It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premise in the City of Beaumont within ten (10) days from the date of notification as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. Section 8: If the owner fails or neglects to remove the nuisance as herein defined, within the time specified in this ordinance, the Chief of the Fire Department shall cause such nuisance to be abated. The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Section 9: The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular or adjourned meeting which will be held at least seven (7) calendar days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the Beaumont City Hall. Section 10: The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises, and the City Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs, and waste matter constitute a public nuisance. Section 11: The City of the County of Riverside Council. Section 12: The City any time prior to the City ordinance. Clerk shall prepare and file with the County Auditor a certified copy of the said resolution of the City of Beaumont may accept payment of any amount due at Council hearing, as called for in Section 9 of this Section 13: The provisions of Sections 39580 to 39585, inclusive, of the Government Code are incorporated by reference and made a part of this ordinance. The County Auditor shall enter each assessment in the County Tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes. Section 14: The owner, occupant, or agent of any lot or premises within the City of Beaumont who shall permit or allow the existence of a public nuisance as defined in this ordinance, upon any lot or premises owned, occupied, or controlled by him, or who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than Five Hundred Dollars ($500.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment. - 2 Section 15: Ordinance No. 134 and all other existing ordinances or parts thereof, of the City of Beaumont are #ereby repealed insofar as they may be inconsistent with the provisions of this ordinance. Section 16: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Record - Gazette. This ordinance shall become effective on the 30th day after the date of its adoption. ADOPTED this 23rd day of January, 1968. Mayor. ATTEST: City Clerk. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF BEAU1v'MONT ) I, Bernice Conine, City Clerk of the City of Beaumont, do hereby certify that the foregoing Ordinance No. 3$5 was introduced and read at a Regular Meeting of the City Council of the City of Beaumont, duly held on the 9th. day of January, 1968, and that the same was duly passed and adopted at a regular meeting held on the 23rd day of January, 1968, by the following vote: AYES: Councilman Haskell, Karnes, Kief, Muse and Houston. NOES: Councilian None. ABSENT: Councilman None. City Blerk.