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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
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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
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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,
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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.