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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OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 8.32 of the Municipal Code of the City of Beaumont is hereby repealed.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-