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HomeMy Public PortalAboutOrdinance 5721 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 30 31 32 ORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING MINIMUM PROPERTY MAINTENANCE REQUIREMENTS TO CONTROL NUISANCES WHEREAS, the City Council has determined that it is in the public interest to upgrade the appearance of the community; and WHEREAS, the City Council has determined that the accumula- tion of debris may be dangerous to the public health, safety and welfare; and WHEREAS, the City Council has determined that unsightly conditions may be detrimentalto neighboring properties; NOW, THEREFORE, the City Council of the City of Beaumont, California, DOES ORDAIN as follows: SECTION I - PROPERTY MAINTENANCE REQUIREMENTS. A. VIOLATIONS - No person owning, renting, leasing, occupying or having charge or possession of any premises in any residential zone district in the City of Beaumont, shall maintain such premises in such manner that any of the following nuisances exist: 1. Buildings which have been abandoned, partially destroyed, or left in a state of partial construction for a period of time that exceeds 180 days. 2. Buildings that, because of improper maintenance, result in dry rot, warping or termit infestation. 3. Dead, decayed, diseased vegetation or debris: a. constituting unsightly appearance, or b. danger to public health, safety or welfare, or c. causing eyesore detriment to nearby property and/or effecting property values. 4. Abandoned, inoperative or unlicensed motor vehicles, trailers, campers, boats, and/or other mobile equipment being either a single item or any combination of the above, that is: form of: a. stored to the front or side of any main structure or building; b. not stored entirely within an enclosed structure; c. Not screened from view by a sight obscuring fence or wall not less than six feet in height. 5. Attractive nuisances dangerous to children in the a. abandoned and broken equipment, machinery or motor vehicles; b. hazardous pools, ponds or excavations; c. collections of building materials. 6. Broken or discarded or stored furniture and other household appliances not entirely stored within an enclosed structure. Page 1 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 30 31 321 7. Clothes lines and/or hanging of clothes in front yards. 8. Garbage cans stored in front yards when visible from public streets except when placed on scheduled days of collection in compliance with all applicable statutes and regu- lations of the City of Beaumont. 9. Packing boxes or other stored goods in yards. 10. Maintenance of premises in such conditions as to be detrimental to public health, safety or general welfare or in such a manner as to constitute a public nuisance. 11. Property including but not limited to building exteriors maintained in such conditions as to become defective, unsightly, or in such condition of deterioration or disrepair that the same causes diminution of the property values of neighboring properties. 12. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or pro- perty values of such properties. 13. Maintenance of drainage facilities, such as terrace drains, down drains and catch basins, in such a condition so as to cause the damming or leaking of the drainage facilities and consequent interference with the disposal of stormwater. 14. Ponding of surface water at or near the top of a slope so as to cause saturation of the ground and subsequent weakening of the slope. 15. The spilling of stormwater or the disposal of water from swimming pools, ornamental ponds, waterfalls, and similar facilities over the top of a slope, either directly onto the ground or onto adjacent properties unless directed into an approved terrace drain facility. 16. Maintenance of slope vegetation in such a condi- tion as to cause erosion or failure of a slope; or the lack of slope vegetation necessary to prevent slope erosion or failure. 17. Rodent burrows in and near the top of a slope which, because of their depth and number, cause saturation and weakening of the slope and area near the top of the slope. 18. Land, the topography, geology or configuration of which, as a result of grading or excavation operations, causes erosion, subsidence or surface water runoff problems of such magnitude as to be injurious or potentially injurious to the publi health, safety and welfare or to adjacent properties. 19. Trees, shrubs or other landscaping materials that inhibit visibility or pose a threat by reason of hazardous condi- tion to pedestrians, motoring public or to other property. B. NOTICE OF VIOLATION - Any person violating any of the provisions of this ordinance shall be allowed fifteen (15) working days from receiving written notice from the City to eliminate the violation before being issued a citation. Page 2 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 30 31 32 C. PENALTY - Any person who violates any provision of this ordinance shall be guilty of an infraction, pursuant to the provisions of Government Code Section 36900 and the penalties provided therein, and upon conviction thereof shall be punishable by a fine in the amount of: $ 25.00 to $ 50.00 First Conviction $ 100.00 Second Conviction (within 1 year) $ 250.00 Third Conviction (within 1 year) D. CUMULATIVE REMEDY - The remedies prescribed herein are intended to be in addition to any other procedures or penalties prescribed by law. SECTION II - SEVERABILITY If any section, subsection, sentence clause, phrase or por- tion 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 remaining portions of this ordinance. The City Council of the Cit of Beaumont hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION III The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it or a summary of it to be published once in the Record - Gazette, a newspaper published and circulated in the City of Beaumont and thereupon and thereafter this ordinance shalltake effect and be in force according to law. MOVED, PASSED AND ADOPTED this 1983. ATTEST: CITY CLE KI - ------7 / /` ',.MAYOR OF THE CITY OF BEAUMCNT 25th day July ,k CERTIFICATION I, Irene Joyce Sweeney, City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the llth day of July , 1983, and was duly adopted upon second reading on the 25th day of July , 1983, upon the followi roll call vote: Page 3 y g 1 2 3 4 5 6 AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. a L ), 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 44.60 CITY CL"i� t/ C Y OF BEAU, ONT APPROVED AS TO FORM AND CONTENT: OITY ATTO Page 4