Loading...
HomeMy Public PortalAboutOrdinance 434rir r ORDINANCE NO. 434 AN ORDINANCE PROVIDING FOR THE DECLARATION OF SUBSTANDARD, UNSAFE, OR DILAPIDATED BUILDINGS AS NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF AND REPEALING ORDINANCE NO. 364 AND ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Nuisances - Notices. Any building structure or portion thereof, which has become substandard, as defined herein, is hereby declared to be a nuisance. The City Council of the City of Beaumont, after so determining, shall notify the owner of such building and any mortgagee or beneficiary under any deed of trust, of record, in the manner hereinafter stated. The notice shall state the conditions which render the building unfit for human habitation and shall order the build- ing, or portion thereof, vacated and shall institute proceedings for the' correction or abatement thereof, either by demolition, closing or repair, within 30 days after date of notice. If, in the opinion of the City Council of the City of Beaumont, such conditions can be corrected or abated by repair thereof, the notice shall state the repairs which will be required. If such building is encumbered by a mortgage or deed of trust, of record, and the owner of such building shall not have complied with the order of the City Council of the City of Beaumont on or before the expiration of 30 days after mailing and posting of the notice, the mortgagee or beneficiary under such deed of trust may, within 15 days after the expiration of said 30 -day period, comply with the requirements of the order of the enforcement agency, in which event the cost to such mortgagee or beneficiary shall be added to and become a part of the lien secure by said mortgage or deed of trust and shall be payable at the same time and in the same manner as may be prescribed in said mortgage or deed of trust for any taxes advanced or paid by said mortgagee or beneficiary for and on behalf of said owner. If the order of the City Council of the City of Beaumont shall not have been complied with on or before the expiration of 45 days after the mailing and posting of the notice, the City Council of the City of Beaumont may institute such appropriate action or proceeding to correct or abate the condition as would be taken to correct or abate any nuisance of any violation of any other provision of this article or as an alternative procedure the City Council of the City of Beaumont may institute proceedings for the abatement of such nuisance, after notice and hearing, before the governing board of such agency in the manner hereinafter set forth. SiuriON 2. Revolving Fund. For the—purpose of providing -far the advancement of costs in the enforcement of the provisions of this article, the City Council of the City of Beaumont may create revolving fund or funds from which may be paid the costs of enforcing the provisions of this article and into which may be paid the receipts from the collection of costs or fines imposed in the enforcement thereof. SECTION 3. Manner of Giving Notice. The notices required in Section 1 shall be given in the following manner: The City Council of the City of Beaumont shall post conspicuously at least one copy of the notice on the building alleged to be unfit and shall send another copy by registered or certified mail, postage prepaid, return receipt requested to the rib • person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the City Clerk of the City of Beaumont and to any mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary; and if such address is unknown to the City Clerk of the City of Beaumont, then said fact shall be stated in said copy so mailed and it shall be addressed to him at the County Seat of the County wherein said property is situated. The officer or employee of the City Council of the City of Beaumont upon giving notice as aforesaid shall file an affidavit with the City Clerk of the City of Beaumont certifying to the time and the manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered or certified mail. The failure of any owner or other person to receive such notice shall not affect in any manner validity of any proceedings taken hereunder. SECTION 4. SECOND NOTICE. (a) If the City Council of the City of Beaumont determines to proceed with the abatement of such nuisance through proceedings instituted before the City Council, it shall give a second notice in the same manner as set forth in SECTION 3, directing the owner of such building to appear before the City Council of the City of Beaumont at a stated time and place and show cause why such building should not be condemned as a nuisance and said nuisance be abated as herein provided, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, in the manner prescribed not less than three-fourths of an inch in height and shall be substantially in the following form. NOTICE TO ABATE NUISANCE The owner of the building at is hereby notified to appear before the City Council of the City of Beaumont at its meeting to be held , 19 , at the Council Chambers, 500 Grace Avenue, at the hour of 7:30 o'clock pm, or as soon thereafter as he may be heard, and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstruct- ing or properly repairing said building or by razing or removing same. Dated CITY OF BEAUMONT By (name of officer) (b) The officer or employee of the City Council of the City of Beaumont giving such notice shall file an affidavit of posting and mail- ing in the manner required by SECTION 3 hereof, but the failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings takkn,hereunder SECTION 5. Hearing. (a) At the time fixed in said notice, the City Council of the City of Beaumont shall proceed to hear the testimony of the officers or employees of the enforcement agency and the owner or his representatives, if present at said hearing, and other competent persons who may be present and desire to testify, respecting the condition of said building, the estimated cost of its reconstruction, repair or removal, and any other matter which said City Council may deem pertinent thereto. Upon the conclusion of said hearing said City Council may, by resolution, declare its findings and, in the event that it so concludes, it may declare said building to be a nuisance and direct the owner to abate the same within 30 days after the date of posting on said premises a notice of the passage of said resolution by having said building properly recon- structed or repaired, or by having the same razed or removed and notifying said owner that if said nuisance is not abated said building will be razed or removed by the enforcement agency and the expense there- of made a lien on the lot or parcel of land upon which said building is located. (b) At any time within 60 days after the passage of any resolution directing the abatement of a nuisance, the enforcement agency shall post a copy thereof conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the City Clerk of the City of Beaumont, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the enforcement agency, then said fact shall be abated in said copy so mailed and it shall be addressed to him at the county seat of the county wherein said property is situated. The officer or employee of the City of Beaumont, upon giving notice as aforesaid, shall file an affidavit thereof in the manner pro- vided for in SECTION 3 hereof. The City Council of the City of Beaumont may grant any extension of time to abate said nuisance that it may deem justifiable under good cause therefor being shown. SECTION 6. Time to Bring Action. Any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the City Council of the City of Beaumont in ordering abatement of any nuisance, must bring an action in a court of competent jurisdic- tion within 30 days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived. SECTION 7. Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the City of Beaumont shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30 -day period or any extension thereof granted by the City Council as provided for in this article. In the event that the nuisance is not abated within the time prescribed, the City of Beaumont may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision. SECTION 8. Sale of Materials. The building materials contained is such building so razed or removed may be sold by the City Council at public sale to the highest responsible bidder after not less than five day's notice of intended sale published at least once in a newspaper of general circulation published in the City of Beaumont either before or after said building has been razed or removed, and any amount_ received fro ` e sale of such building materials shall be deducted from the expense of razing or removing said building. The City of Beaumont shall keep an itemized account of the expense involved in the razing or removing of any such building and shall deduct therefrom the amount received from the sale of the building materials. The City of Beaumont shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by the officer of the City of Beaumont in charge of doing the work showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the City Council of the City of Beaumont for approval and confirmation and at which time said - 3 I" Pm' City Council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in SECTION 3 and an affidavit of such posting and mailing shall be filed in the manner pre- scribed in said section. The time for submitting said statement to the City Council of the City of Beaumont for confirmation shall be not less than five days from the date of the posting and mailing of said statement and notice. SECTION 9. Statement of Expense (a). At the time fixed for the hearing of the statement of expense the City Council of theCity of Beaumont shall consider the statement, together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons; and there- upon said City Council may make such revision, correction, or modifica- tion in the statement as it may deem just, after which, by motion or resolution said report as submitted, or in the event any revisions, corrections or modifications have been ordered made by said City Council then said statement as revised, corrected or modified, shall be confirmed, The Council adjourn said hearing from time to time and its decisions on said statement and on all protests and objections which may be made shall be final and conclusive. (b) In the event that the cost for the razing or removing said nuisance exceeds the proceeds received from the sale of any materials, then the amount of the net expense of abating such nuisance, if not paid within five days after the decision of said City Council on said state- ment, shall constitute a lien on the real property upon which the same was abated or removed, which lien shall continue until the amount thereof and interest thereon at the rate of 6 percent per annum, computed from the date of confirmation of the statement until paid, or until it is discharged of record. Such lien shall for all purposes,be upon a parity with the lien of State, County, and Municipal Taxes. In the event of nonpayment the City Council shall, at any time within 60 days after the decision of the City Council on the statement, cause to be filed in the office of the county recorder of the county in which such property is located a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Administrative Code, Title 25, Chapter 1, subchapter 1, of the State of California, the undersigned did on the day of , 19 , cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the day of , 19 by action duly recorded in its official minutes as of said date, assess the cost of such abatement, less the amount received fromthe sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the said City of Beaumont does hereby claim a lien on said real property for the net expense of the doing of said work in the sum of $ , and the same shall be a lien upon said real property until the said sum, with interest at the rate of 6 percent per annum, from the said day of , 19 (insert date of confirmation of statement) has been paid in full and discharged of record. The real property hereinbefore mentioned, and uponwhich a lien is claimed, is that certain piece or parcel of land lying and being in the City of Beaumont, County of Riverside, 4 State of California, and particularly described as follows: Dated City of Beaumont By (c) From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the City of Beaumont to enforce the payment of said lien. (d) In the event that the amount received from the sale of materials exceeds the expense of razing or removing such building, then such excess shall be deposited with the treasurer of the City of Beaumont to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to said Treasurer. SECTION 10. VALIDITY: If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconsitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining 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 11. REPEAL OF CONFLICTING ORDINANCES: Ordinance #364 and all other ordinances or parts of other ordinances in conflict herewith are hereby repealed. SECTION 12. 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 Daily Record -Gazette, a newspaper of general circulation, printed, published and circulated in the City of Beaumont, and thirty (30) days after its adoption, this Ordinance shall be in full force and effect. PASSED AND ADOPTED this 24th day of January, 1972. Mayor ATTEST: City Clerk STATE OF CALIFORNIA) COUNTY—OF RIVERSIDE) SS CITY OF BEAUMONT ) I, Mae B. Goularte, City Clerk of the City of Beaumont, California, hereby certify that the foregoing Ordinance, being Ordinance No. 434 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 10th day of January,1972, and that the same was duly passed and adopted at the regular meeting of said City Council duly held on the 24th day of January, 1972, by the following vote: AYES: Councilman Rodeman, Ochoa, Valdivia and Haskell. NOES: None. ABSENT: Councilman Hightower.