HomeMy Public PortalAboutOrdinance 685ORDINANCE NO. 685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, REPEALING CHAPTER 8.32
OF THE BEAUMONT MUNICIPAL CODE AND ADDING TO
THE BEAUMONT MUNICIPAL CODE CHAPTER 8.32,
ENTITLED NUISANCES
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 8.32 of the Municipal Code of the City
of Beaumont is hereby repealed.
SECTION 2: Chapter 8.32 is hereby added to read as follows:
Sections:
8.32.010
8.32.020
8.32.030
8.32.040
8.32.050
8.32.060
8.32.070
8.32.080
8.32.090
8.32.100
8.32.105
8.32.110
8.32.120
8.32.130
8.32.140
8.32.150
8.32.160
8.32.170
8.32.180
8.32.185
8.32.190
8.32.200
8.32.205
8.32.210
8.32.220
8.32.230
8.32.240
8.32.250
8.32.260
8.32.270
8.32.280
8.32.290
8.32.300
8.32.310
8.32.320
8.32.330
8.32.340
8.32.350
8.32.360
8.32.370
8.32.380
8.32.390
8.32.400
8.32.410
8.32.420
July 13, 1990
Chapter 8.32
NUISANCE
Definitions.
Declaration of Nuisances - Generally.
Refuse and Waste.
Unsanitary Animals.
Sewage on Ground.
Building Code Violations.
Zoning Ordinance Violations.
Graffiti.
Polluted Water.
Stagnant Water.
Improper Slope Maintenance.
Insects, Vermin.
Noisy Animals.
Tree Trimmings.
Infested Trees.
Privies.
Signs.
Obstructions to Water.
Property Maintenance.
Improper Grading or Excavation.
Smoke and Soot.
Internal Combustion Engines.
Abandoned Trailers, Campers, Etc.
Salvage Materials.
Attractive Nuisances.
Household Fixtures.
Clotheslines.
Materials Stored on Roofs.
Discarded Materials.
Overgrown Plants.
Right of Entry.
Report of Findings.
Hearing - Notice.
Service of Notice - Persons to be Served.
Service of Notice - Persons Not Found Within
City Limits.
Service of Notice - Proof.
Voluntary Abatement by Property Owner.
Abatement Hearing Board.
Hearing on Abatement - Content of Testimony.
Hearing on Abatement - Procedure.
Hearing on Abatement - Decision.
Order to Abate.
Order to Abate - Service.
Abatement by Property Owner.
Abatement by City.
-1-
8.32.430
8.32.440
8.32.450
8.32.460
8.32.470
8.32.480
8.32.490
8.32.500
8.32.510
8.32.520
8.32.530
8.32.540
8.32.550
Immediate Hazards.
Costs - Report.
Costs - Notice of Hearing.
Costs - Hearing.
Special Assessments.
Notice of Lien.
Collection With Taxes.
Unlawful Interference.
Nonliability of City.
Penalty.
Grievance With Final Order - Appeal to
City Council.
Severability.
Relation With Other Chapters of Municipal Code.
8.32.010 Definitions. For purpose of this Chapter, words
and phrases designated herein shall have the following meaning:
A. "Chief" means the Chief of the Riverside County Fire
Department providing fire protection services to the City, and,
for all provisions of this Chapter except Section 8.32.350, his
authorized agents, assistants, deputies or representatives.
B. "City" means the City of Beaumont, California.
C. "City Council" means the City Council of the City of
Beaumont, California.
D. "Director" means the City's Director of Community
Development, and for all provisions of this Chapter except
Section 8.32.350, his authorized agents, assistants, deputies or
representatives.
E. "Health Officer" means the official of the City or the
County responsible for the enforcment of laws, ordinances, rules
and regulations of the State, County and City relating to the
public health, sanitation, food handling and environmental health
including his authorized agents, assistants, deputies or
representatives.
F. "City Manager" means the City Manager of the City of
Beaumont, California, and, for all provisions of this Chapter
except Section 8.32.350, his authorized agents, assistants,
deputies or representatives.
G. "Public Nuisance" means any act or condition which poses
a danger to health or safety or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property, or
which unlawfully obstructs the free passage or use, in the
customary manner, of any public park, square, street, or highway.
H. "Board" means the Abatement Hearing Board created by
this Chapter.
Section 8.32.020 Declaration of Nuisances - Generally. It
shall be unlawful for any person who owns, leases, rents,
occupies, has charge of, or possesses any property in the City to
maintain on such property any public nuisance including any of
the conditions described in Sections 8.32.030 to 8.32.240.
Section 8.32.030 Refuse and Waste. "Refuse and waste
matter" is defined for the purpose of this Chapter as unused or
discarded matter or material having no substantial market value,
and which consists of such matter and material as rubbish,
refuse, debris, and matter of any kind, including but not limited
to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil,
building materials, crates, cartons, containers, boxes, machinery
or parts thereof, scrap metal and other pieces of metal, ferrous
or nonferrous, furniture or parts thereof, trimmings from plants
or trees, cans, bottles and barrels. Refuse and waste matter as
defined, which by reason of its location and character is
unsightly and interferes with the reasonable enjoyment of
property by neighbors, detrimentally affects property values in
the surrounding neighborhood or community, or which would
materially hamper or interfere with the prevention or suppression
of fire upon the premises is declared a public nuisance.
-2-
Section 6.-12.040 Unsanitary Animals. Any animals, fowl, or
birds which, with concurrence of the City's Animal Control
Officer, are kept or permitted to be kept in foul, offenseive,
obnoxious, filthy or unsanitary conditions on any premises are
declared a public nuisance.
Section 8.32.050 Sewage on Ground. It is declared a
nuisance to permit any part of the contents of any privy vault,
cesspool, septic tank, water closet, urinal, pipe, sewer line, or
any sewage, slop water or any other filthy water, matter or
substance, to flow or discharge upon the ground or upon the
surface of any lot or premises, or in any public street or other
public place.
Section 8.32:060 Building Code Violations. All buildings,
structures, or appendages, both permanent and temporary,
maintained in violation of the uniform building codes adopted by
the City pursuant to Sections 15.04.010, 15.08.010, 15.12.010,
15.16.010 and 15.20.010 of the Beaumont Municipal Code or subject
to any of the following conditions are declared a public
nuisance.
A. Faulty weather protection including, but not limited to,
crumbling, cracked, missing, broken, or loose exterior plaster or
other siding, roofs, foundations or floors, broken or missing
windows or doors, or unpainted surfaces causing dry -rot, warping,
or termite infestation.
B. Buildings or structures, or parts therof, not completed
within a reasonable time as per the determination of the City's
Chief Building Official and for which the permit for such
construction has expired.
C. Unoccupied buildings which have been left unlocked or
otherwise open to or unsecured from intrusion by persons, animals
or the elements or which are boarded up by a method of material
not approved by the City.
D. Fences or walls in a hazardous condition or which are in
disrepair, or which hinder free access to public sidewalks.
E. Broken windows constituting hazardous conditions or
inviting trespassers.
Section 8.32.070 Zoning Ordinance Violations. Any
building, sign or other structure set up, erected, constructed,
altered, enlarged, converted, moved or maintained contrary to the
provisions of the City's zoning ordinance, as amended, and any
use of land, building, or premises established, conducted or
operated or maintained contrary to the provisions of the City's
zoning ordinance, as amended, is declared a public nuisance.
Section 8.32.080 Graffiti. Graffiti which is visible from
adjacent properties or from a public street or right-of-way is
declared a public nuisance.
Section 8.32.090 Polluted Water. "Polluted water" is
defined for the purpose of this Chapter as water contained in a
swimming pool, pond, or other body of water, which contains any
of the following: organic matter conducive to bacterial growth
including algae, remains of insects, remains of deceased animals,
reptiles, rubbish, refuse and waste matter, debris, papers, or
any other foreign matter or material which, because of its nature
or location, constitutes an unhealthful, unsafe or unsightly
condition. Any swimming pool, pond or other body of water which
is abandoned, unattended, unfiltered, or not otherwise
maintained, resulting in the water becoming polluted as defined,
is declared a public nuisance.
Section 8.32.100 Stagnant Water. Any premises maintained
so as to cause the accumulation of stagnant or still water, or
any other condition which harbors and breeds mosquitoes or any
other poisonous or objectionable insect is declared a public
nuisance.
-3-
Section 8.32.105 Improper Slope Maintenance. The 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,
or 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, or the maintenance of slope
vegetation in such a condition as to cause erosion or failure or
a slope, or the lack of slope vegetation necessary to prevent
slope erosion or failure, or 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, are declared a public nuisance.
Section 8.32.110 Insects, Vermin. Any building, vacant
lot, premises, vehicle, or place maintained in such a manner as
to permit the breeding or harboring therein or thereon of flies,
bedbugs, cockroaches, black widow spiders, lice, fleas or any
other vermin is declared a public nuisance.
Section 8.32.120 Noisy Animals. Any animal or fowl kept,
maintained or permitted to remain on any lot or parcel of land
which by any sound or cry disturbs the peace and comfort of any
neighborhood, or interferes with one or more persons in the
reasonable and comfortable enjoyment of life and property is
declared a public nuisance.
Section 8.32.130 Tree Trimmings. Accumulations of limbs,
branches, prunings, trimmings, stumps and parts of domestic or
cultivated fruit trees, cut, removed, fallen or severed from such
trees are declared a public nuisance.
Section 8.32.140 Infested Trees. Any commercially
cultivated fruit tree or ornamental tree or shrub infested with
red, yellow, or black scale, mistletoe, mealy bug or other insect
pests or diseases detrimental to agricultural crops, as
determined by the Riverside Agricultural Commissioner, is
declared a public nuisance.
Section 8.32.150 Privies. Any privy vault maintained in
violation of this Code is declared a public nuisance.
Section 8.32.160 Signs. Every sign or advertising
structure subject to any of the following conditions is declared
a public nuisance.
A. The sign or advertising structure was unlawfully erected
on public or private property, or declared to be hazardous or
unsafe by the Director.
B. The sign or advertising structure advertises or is
related to events which have already taken place.
C. The sign was legally erected, but its use has ceased, or
the structure upon which the display is placed has been abandoned
by its owner, not maintained, or not used to identify or
advertise an ongoing business for a period of ninety (90) days or
more.
D. Signs legally erected which later become nonconforming
as a result of the adoption of an ordinance on which the
amortization period provided by the ordinance or other law has
expired, and for which conformance has not been accomplished.
Section 8.32.170 Obstructions to Water. Any structure,
fence, conduit, wall, tree, masonry, pipe, lumber, or other
material or manner of maintenance which obstructs or constitutes
a hazard to the free flow of water through a stream, drainage
channel, watercourse, or terrace drain, downdrain, catch basin or
other drainage facility is declared a public nuisance.
Section 832.180 Property Maintenance. Maintenance of
premises in such a condition so as to cause significant
diminution in use, enjoyment, or value of adjacent property or in
such condition so as to be detrimental to the public health,
safety, or general welfare or in such a manner as to constitute a
public nuisance as defined by Section 3480 of the California
Civil Code.
Section 8.32.185 Improper Grading or Excavation. 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 public health, safety
and welfare or to adjacent properties, is declared a public
nuisance.
Section 8.32.190 Smoke and Soot. Any excessive smoke, soot
or cinders permitted to be emitted from any engine, firebox,
stove, furnace, chimney or smokestack in a manner so as to annoy
any resident of the neighborhood and which in the opinion of the
Fire Chief constitutes a fire hazard, or to operate any engine or
machinery using fuel oil, emitting offensive odors, or smoke or
soot which extends to dwelling houses in the neighborhood to such
an extent as to render their occupancy materially uncomfortable,
or to interfere with the use and comfortable enjoyment of
property is declared a public nuisance.
Section 8.32.200 Internal Combustion Engines. Any
stationary internal combustion engine used, run, or otherwise
operated within three hundred (300) feet of any private
residence, rooming or lodging house without first obtaining the
consent of all persons residing within such distance is declared
a public nuisance, provided that such consent shall be
unnecessary if the exhaust and noise therefrom is muffled so as
to prevent the emission of any excessive soot, smoke or noise.
This Section shall not apply to the use of generators during
public emergencies.
Section 8.32.205 Abandoned Trailers, Campers, Etc..
Abandoned, inoperative or unlicensed trailers, campers, boats,
and/or other mobile equipment being either a single item or any
combination of the above not included under Abandoned Vehicles,
Chapter 8.20 of the Beaumont Municipal Code that is/are:
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, are declared a public
nuisance.
Section 8.32.210 Salvage Materials. Any lumber, junk,
trash, debris, refuse, waste matter or other salvage materials
visible from a public right-of-way or adjoining property is
declared a public nuisance.
Section 8.32.220 Attractive Nuisances. Attractive
nuisances dangerous to children, including abandoned, broken or
neglected equipment and machinery, hazardous pools and
excavations, are declared a public nuisance.
Section 8.32.230 Household Fixtures. Abandoned or
discarded furniture, applicances, play equipment or other
household fixtures or other equipment, stored so as to be visible
from public right-of-way or from adjoining property, are declared
a public nuisance.
Section 8.32.240 Clotheslines. Clotheslines in front or
side yard areas of corner lots or clothes hung to dry on walls,
fences, trees, bushes or carport areas where such is viewable
from the public right-of-way are declared a public nuisance.
-5-
Section 8.32.250 Materials Stored on Roofs. Materials or
items of any type stored on roofs and visible from the public
right-of-way are declared a public nuisance.
Section 8.32.260 Discarded Materials. Garbage or trash
cans, containers or plastic bags stored in front or side yards,
visible from the public right-of-way or which cause offensive
odors are declared a public nuisance.
Section 8.32.270 Overgrown Plants. Any dead, decayed,
diseased or hazardous trees, hedges, weeds, shrubs and overgrown
vegetation, cultivated or uncultivated, which are likely to
harbor rats or vermin, which constitutes an unsightly appearance,
which are detrimental to neighboring properties or property
values, or which are grown over the public right-of-way and
impairs vehicular or pedestrian traffic are declared a public
nuisance.
Section 8.32.280 Right of Entry. The Chief, Director,
Health Officer and City Manager shall be entitled to enter vacant
buildings or premises to determine whether any act or condition
may constitute a public nuisance if they have reasonable cause to
believe that such act or condition may exist on the property. If
the building or premises are occupied, credentials shall be
presented to the occupant and permission to enter must be
obtained. In the event that the building or premises are secured
against entry, a reasonable effort shall be made to locate the
owner or other persons having charge or control over the property
for permission to enter. If entry is refused, the Chief,
Director, Health Officer, or City Manager shall obtain such
authorization as may be necessary under the circumstances to
secure entry.
Section 8,32.290 Report of Findings. The Chief, Director,
Health Officer, or City Manager, acting either in concert or
independently, may examine or cause to be examined, every
building, structure, yard or other premises reported in writing
to or by a City department head or his designee as dangerous or
damaged or which may constitute a public nuisance, and upon
examination shall forthwith make a report setting forth the
condition of the same and, if necessary, their recommendation for
abatement thereof. The report shall remain available for review
and inspection by the legal or equitable owners of the property
to which it relates.
Section 8.32.300 Hearing - Notice. If the Chief, Director,
Health Officer or City Manager finds that any building,
structure, premises or any portion thereof, constitutes a
nuisance and determines that City abatement thereof is necessary
to protect the public health, safety, or welfare, he shall
prepare a notice in writing stating in detail the condition which
renders the building, structure, premises or portion thereof a
public nuisance. The notice shall set forth the street address,
if applicable, the assessor's parcel number or other appropriate
method of determining the location of the nuisance to protect the
public health, safety or welfare, and a description sufficient
for identification of the building, structure, premises or
portion thereof. Such notice shall be in substantially the
following form:
NOTICE OF HEARING TO ABATE
NUISANCE
Notice is hereby given to all persons having
any interest in the property having
assessor's parcel number
and known and described as
in the City of Beaumont, that they should
appear before the Abatement Hearing Board of
-6-
the City of Beaumont at its meeting to be
held on the day of
19__, at , in the City of
Beaumont, California, at the hour of
, or as soon thereafter as they
may be heard, to show cause why certain
unsafe, dangerous, hazardous or obnoxious
conditions existing on said property shall
not be declared a public nuisance and said
nuisance be abated by the removal or repair
of said unsafe, dangerous, hazardous or obnoxious
conditions; otherwise the same will be removed
and repaired and the nuisance will be abated
by the City of Beaumont, in which case the
cost of such removal or repair shall be
assessed upon the lot(s) and land on which
said unsafe, dangerous and hazardous conditions
exist, and such cost will constitute a lien
upon such lot(s) or and until paid in full.
The conditions upon said premises which cause
them to be a public nuisance are as follows:
Dated: This day of , 19
City Manager
City of Beaumont
Said conditions must be abated within ten (10)
days to avoid further abatement proceedings
against the owner, lessee, or occupant of the
above-mentioned property or structure. The
owner, lessee, or occupant shall notify the
City Manager when such abatement is complete.
Section 8.32.310 Service of Notice - Persons to be Served.
The City Manager shall cause copies of such notice to be served
upon each of the following:
A. The person, or persons, if any, occupying or in real or
apparent charge and control of the premises involved;
B. The owner of the premises as shown on the most recent
tax assessment;
C. Any other person or persons known by the City Manager to
have an ownership of leasehold interest in the premises.
Section 8.32.320 Service of Notice - Persons not Found
Within City Limits. If any person entitled to notice is not
found within the City limits, service shall be made by depositing
a copy of such notice in the United States Post Office, properly
enclosed in a sealed envelope and with the postage thereon fully
prepaid. Such mail shall be registered or certified, return
receipt requested, and addressed to the person entitled thereto
at the addresses of such person as it appears on the last
equalized assessment roll of the County or as known to the City
Manager. If no address so appears or is known to the City
Manager, then a copy shall be addressed to such person at the
address of the premises involved. Service by registered or
certified mail shall be complete on the day of its deposit in the
mail. The failure of any owner or other persons to receive such
notice shall not affect in any manner the validity of any
proceeding taken pursuant to this Chapter. One certified copy of
the notice shall also be conspicuously posted on the premises at
least ten (10) days before the time fixed for the hearing before
the Board.
-7-
Section 8.32.330 Service of Notice - Proof. Proof of
service of the notice and posting thereof shall be documented at
the time of serivce by a declaration under penalty of perjury
executed by the person effecting service, declaring the time and
manner in which such notice was given and posted. He shall file
such declaration in the City Manager's office and therewith any
receipt card which may have been returned to him in
acknowledgment of the receipt of such notice by registered or
certified mail.
Section 8.32.340 Voluntary Abatement by Property Owner.
The owner, lessee, or occupant of any building, structure or
premises alleged to be a nuisance under the provision of this
Chapter may abate the nuisance by rehabilitation, repair,
removal, or demolition at any time within the abatement period
provided in the notice to the property owner. Once advised of
such abatement, the City shall inspect the premises to verify
that the condition has been abated.
Section 8.32.350 Abatement Hearing Board. There is hereby
created the Abatement Hearing Board which is vested with the
power to carry out those acts set forth in this Chapter. The
Board shall consist of the following City officials: the
Community Development Director, the City Manager, the City
Engineer, the Fire Chief or his designee, and a Beaumont citizen
appointed by the City Council.
Section 8.32.360 Hearing on Abatement - Content of
Testimony. The Board shall, at the scheduled time as specified
in the notice of hearing to abate, proceed to hear and consider
any relevant testimony or evidence offered by the Chief,
Director, Health Officer, or City Manager, or other officials or
employees of the City and other qualified witnesses, as well as
the owner, or a responsible person in charge and control of the
affected premises, or his representatives, a mortgagee or
beneficiary under any trust deed, lessee, any other person having
any estate or interest in such premises, and any other competent
person who may be present and desire to testify respecting the
condition of the affected premises; the estimated cost of abating
the alleged nuisance by repair or removal, and any other matters
which the Board may deem pertinent. The Board may continue the
hearing from time to time as it shall deem advisable.
Section 8.32.370 Hearing on Abatement - Procedure. The
hearing shall be conducted informally, and the technical rules of
evidence shall not apply, except that irrelevant and unduly
repetitious evidence shall be excluded. During the course of the
hearing, the Board may visit and inspect any premises involved in
the proceeding and may receive oral testimony of any sworn or
unsworn witness.
Section 8.32.380 Hearing on Abatement - Decision. Upon
conclusion of the hearing, the Board shall consider the evidence
presented and shall by written resolution make written findings
of fact, based upon the evidence, to support its decision and by
such same resolution shall make its determination and conclusion
with respect to the alleged public nuisance. The resolution
shall be passed and adopted by the Board within thirty (30) days
of the close of such hearing, and copies thereof shall be
delivered to all interested parties. Failure of the owner or
other persons having any interest in the affected premises to
appear at or be represented at the hearing shall in no way affect
the validity thereof.
Section 8.32.390 Order to Abate. If, from the evidence
received at the hearing, the Board determines that the premises
or any portions thereof are unsafe or dangerous and a public
nuisance, then it shall by resolution order the nuisance abated.
The order shall set forth the following:
A. A statement of the particulars which render the premises
obnoxious or unsafe and a public nuisance;
B. A statement of the things required to be done to abate
the nuisance;
-8-
C. The time within which the work required to abate must be
commenced, which shall be not less than ten (10) days after the
passage and adoption of the resolution;
D. A reasonable time within which the required abatment
shall be completed;
E. That the occupant, lessee, or another person in
possession or charge, or any mortgagee, beneficiary under any
deed of trust, or other person having an interest or estate in
such premises, may at his own risk, abate the nuisance.
Section 8.32.400 Order to Abate - Service. The City
Manager shall cause copies of the resolution to be posted upon
the premises involved and served in the manner and upon the
person prescribed in Sections 8.32.310 through 8.32.330.
Section 8.32.410 Abatement by Property Owner. The property
owner, lessee, occupant, or person having charge or control of
the property, may, at his own expense, abate the nuisance as
prescribed by the order of the Board prior to the expiration of
the abatement period set forth in the order. If the nuisance has
been inspected by the representative of the City and has been
abated in accordance with the order, proceedings shall be
terminated.
Section 8.32.420 Abatement by City. Whenever an order to
abate a public nuisance upon premises, or any portion thereof,
has not been complied with within the time set by the Board, the
City Manager shall have the power, in addition to any other
remedy provided for in this Chapter, to:
A. Cause the premises to be vacated until such time as the
nuisance has been abated;
B. Cause the nuisance upon the premises, or any portion
thereof, to be abated and the premises restored to a condition in
compliance with the provisions of the Beaumont Municipal Code,
rules and regulations promulgated thereunder and the laws and
statutes of the State of California. Immediately upon completion
of such abatement, the City Manager shall cause a notice of such
completion to be recorded in the office of the County Recorder,
Riverside County, State of California. Nothing herein shall
prevent the City from contracting with an independent contractor
to perform such work as may be necessary to abate the nuisance.
Section 8.32.430 Immediate Hazards. Any condition which
poses an immediate hazard to public health or safety shall be
determined and declared by the City Manager, Police Chief, Fire
Chief or Director to be an immediate hazard. In such event, the
City Manager, Police Chief, Fire Chief or Director may take
immediate action to abate the hazard, without notice to the
owner, lessee, person having custody or charge of the premises
involved, or any other interested person, and without the
necessity of a hearing thereon by the Board or the City Council.
However, such immediate action shall be limited to such action as
the City Manager, Police Chief, Fire Chief or Director deems
reasonably necessary in his discretion, to eliminate the
immediate hazard or to protect persons or property from immediate
injury or damage. Any further action to abate a nuisance which
does not pose an immediate hazard to public health and safety
shall be taken only in accordance with the procedures set forth
in this Chapter.
Section 8.32.440 Costs - Report. The Chief, Director,
Health Officer, or City Manager shall keep an account of the cost
(including incidental expenses) of abating any nuisance or
immediate hazard on each separate lot or parcel of land where the
work has been done and upon completion of the abatement he shall
cause to be prepared and filed with the Board an itemized report
specifying the following:
A. The work performed;
B. The cost of the work, including any salvage value and
incidental expenses;
C. A description of the real property upon which the
nuisance or immediate hazard was located;
D. The names and addresses of the persons entitled to
notice pursuant to the provisions of this Chapter;
-9-
E. The assessment against each lot or parcel of land
proposed to be levied to pay the cost thereof. Any such report
may include work performed on any number of parcels of property,
whether or not contiguous to each other. The term "incidental
expenses" includes, but is not limited to, the expenses and costs
of the City in the preparation of notices, specifications and
contracts, inspection of the work, reports of title search and
the costs of printing, mailing and serving papers required under
this Chapter.
Section 8.32.450 Costs - Notice of Hearing. Upon filing of
the report by the Chief, Director, Health Officer or City Manager
with the City Clerk, the City Clerk shall transmit it to the
Board and the Board shall fix the day, hour, and place when it
will hear and pass upon the report, together with any objections
or protests which may be raised by any property owner liable to
be assessed for the cost of such abatement, and any other
interested persons. At least ten (10) days before the date set
for hearing, the City Clerk shall cause copies of the report and
a notice of the filing of the report, containing a description of
the property sufficient to enable the persons served to identify
it and specifying the day, hour and place when the Abatement
Hearing Board will hear and pass upon the report, and any
objections or protests thereto, to be posted and served in the
manner and upon the persons set forth in Sections 8.32.310
through 8.32.330. A copy of the notice shall be published once
at least ten (10) days prior to the date set for the hearing in a
daily newspaper published and circulated within the City.
Section 8.32.460 Costs - Hearing. Any person interested in
and affected by the proposed assessment may file written protests
or objections with the City Clerk at any time prior to the hour
and date set for the hearing on the report. Each such protest or
objection must contain a description of the property in which the
signer thereof is interested and the grounds of such protest or
objection. Upon the day and hour fixed for the hearing, the
Board shall hear and pass upon the report, together with any
objections or protests which may be raised by any property owner
liable to be assessed for the costs of abatement, and any other
interested persons. The Board may make such correction, revision
or modification in the report as it may deem just, and when the
Board is satisfied of the correctness of the assessment, the
report as submitted, or as revised, corrected or modified,
together with the assessment, shall be confirmed by resolution.
The Board may adjourn the hearings from time to time.
Section 8.32470 Special Assessments. The amount of the
costs of abating the nuisance or the immediate hazard upon each
lot or parcel of land, including incidental expenses, as
confirmed by the Board, shall constitute a special assessment
against each such lot or parcel of land, and as thus made and
confirmed shall also become the personal obligation of the owner
of each such lot or parcel of land. Such assessment shall be due
and payable thirty (30) days from the date of confirmation
thereof, and thereafter shall bear interest at the legal rate of
interest until paid. Such confirmed special assessment shall
also constitute a lien on such property for the amount of such
assessment until paid.
Section 8.32.480 Notice of Lien. Immediately upon
confirmation of the assessment, the City Clerk shall cause to be
filed in the Office of the County Recorder of Riverside County,
State of California, a notice of lien in substantially the
following form:
NOTICE OF LIEN
Pursuant to the authority contained in
Chapter 8.32 of the Beaumont Municipal Code,
City of Beaumont, California, the City of
Beaumont did, on the day of
, 19 , cause a nuisance
to be abated on the real property hereinafter
described and did, on the day
of , 19 , by Resolution
No. assess the cost of such
abatement upon said real property hereinafter
described. Of said cost there remains unpaid
to the City of Beaumont the sum of
Dollars ($ ),
together with interest calculated thereon at
the legal rate of interest from the
day of , 19 , until said
amount has been paid in full and this lien
discharged of record.
The real property hereinbefore mentioned
and upon which a lien is hereby claimed is
that certain parcel or parcels of real
property situated in the City of Beaumont,
County of Riverside, State of Calfiornia,
and more particularly described as follows:
Dated: This day of
19
CITY OF BEAUMONT
ATTEST: By:
City Clerk
Section 8.32.490 Collection with Taxes. After the
confirmation of such report of cost and assessment, a certified
copy of such confirmed special assessment, which remains unpaid,
shall be filed with the Assessor and Tax Collector of Riverside
County acting for the City in order that such County officials
may enter the amount of the assessment on the appropriate
assessment book opposite the description of the particular
property. Thereafter such amount shall be collected at the same
time and in the same manner as general City taxes are collected,
and shall be subject to the same penalties and interest, and the
same procedure under foreclosure and sale in case of delinquency,
as provided by law for City taxes. All laws and ordinances
applicable to the levy, collection and enforcement of City taxes
are made applicable to such special assessment.
Section 8.32.500 Unlawful Interference. It is unlawful and
a misdemeanor for any person to obstruct, impede or interfere
with an officer, agent or employee of the City or with any person
who owns or holds any estate or interest in any premises or
structure, or any portion thereof, upon which there is a nuisance
which has been ordered to be abated, or with any person to whom
such premises have been lawfully sold pursuant to the provisions
of this Chapter, when any such officer, agent, employee,
purchaser or person having an interest or estate in such premises
is engaged in abating a nuisance or immediate hazard thereon, or
in performing any necessary act preliminary to or incidental to
such work, or authorized or directed pursuant thereto.
Section 8.32.510 Nonliability of City. The provisions of
this Chapter shall not be construed to hold the City or any
official, officer, employee or agent thereof responsible for any
damage to persons or property by reason of the inspections
authorized herein, by reason of the determination that a nuisance
or immediate hazard exists on any premises in accordance with the
provisions herein, or by reason of any of the procedures or
processes related to the actual abatement thereof.
-11-
Section 8.32.520 Penalty. The owner, lessee, occupant, or
other person having charge and control over any premises or
structure constituting the public nuisance as defined in Sections
8.32.030 to 8.32.080, inclusive, or who fails to comply with any
order to abate such public nuisance or immediate hazard thereon,
is guilty of a misdemeanor and punished in accordance with
Chapter 1.16 of the Beaumont Municipal Code. The owner, lessee,
occupant, or other person having charge and control over any
premises or structure constituting a public nuisance as defined
in Sections 8.32.090 to 8.32.270, inclusive, or who fails to
comply with any order to abate such public nuisance or immediate
hazard thereon, is guilty of an infraction and punished in
accordance with Chapter 1.16 of the Beaumont Municipal Code. The
occupant or lessee in possession who fails to comply with any
order to vacate premises, or any portion thereof, in accordance
with any order given as provided for in this Chapter, is guilty
of an infraction. Any person who removes any notice or
resolution posted, as required in this Chapter, is guilty of an
inf raction.
Section 8.32.530 Grievance With Final Order - Appeal to
City Council.
A. Whenever any person is aggrieved by any final order of
the Board issued pursuant to this Chapter, such person may appeal
to the City Council the issuance of said order by filing a
written notice of appeal therefrom with the City Council no later
than fifteen (15) days from the date of decision.
B. A written notice of appeal shall be filed in triplicate
with the City Clerk and shall state therein the grounds for such
appeal and the specific factual and/or legal errors committed by
the Board in issuing its order.
C. The City Clerk shall forthwith transmit one copy of said
notice of appeal to the Director.
D. The Director, no later than fifteen (15) days from the
date of the Board's receipt of the notice of appeal, shall
transmit to the City Council the original resolution and copies
of all other papers constituting the record upon which the
Board's decision was taken, including, but not limited to, the
minutes of all hearings thereon, and shall submit to the City
Council a written report, prepared from the record upon which the
final determination was made, stating the factual and legal basis
on which the Board reached its decision.
E. The City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any final determination, assessment
or order of the Board which is appealed from. After reviewing
the record of the Board's proceedings relating to the decision
appealed from, including but not limited to minutes of hearings,
notice of appeal and the Board's report, the City Council, by
resolution, may affirm without further action the determination,
assessment, or order appealed from.
F. The City Council may not reverse or modify any final
determination of the Board until the City Council has held a
hearing thereon, said hearing being set, and notice thereof being
given by the City Clerk as provided in Sections 8.32.310 to
8.32.330. The City Council, by resolution, after completion of
said hearing, which it may continue for any reason it deems
proper and reasonable, may reverse or modify, in whole or in
part, any final decision, assessment, or order of the Board.
G. On the date a notice of appeal is filed under this
Chapter, all proceedings in furtherance of the determination or
order appealed from shall be stayed until the final determination
by the City Council of the appeal.
H. All decisions of the Board shall be final unless
appealed with the time prescribed herein.
Section 8.32.540 Severability. If any section, subsection,
sentence, clause or phrase of this Chapter is, for any reason,
held unconsitutitonal or otherwise invalid, such decisions shall
not affect the validity of the remaining portions of this
Chapter. The City Council ,hereby declares that it would have
adopted this Chapter, and each section, subsection, clause,
sentence and phrase thereof, irrespective of the fact that any
one or more sections, subsections, clauses, sentences or phrases
be declared unconstitutional or otherise invalid.
-12-
Section 8.32.550 Relation With Other Chapters of Municipal
Code. The actions and remedies set forth herein are to be
considered as alternatives to those set forth in other chapters
of the Beaumont Municipal Code, and the determination as to which
alternative action or remedy shall be applied in a particular
case shall be made by the named City official in said official' s
discretion based on the facts and circumstances of the particular
case.
SECTION 3: This Ordinance shall take effect as provided by
l aw .
PASSED AND ADOPTED on this 13th day of August
upon the following roll call vote.
AYES:
NOES:
, 1990,
Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
APPROVE AS TO FO
CITY ATTORNEY
MAYOR OF THE CITY OF BEAUMONT
CERTIFICATION
I, Robert J. Bounds, 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 July 9 , 1990, and was duly adopted upon second
reading on August 13 , 1990, upon the following roll call
vote:
AYES:
NOES:
Council Member Bauer, Leja, McLaughlin and Mayor
Connors.
None.
ABSTAIN: None.
ABSENT: Council Member Parrott.
CITY CLERK, CITY OF BEAUMONT
-13-