HomeMy Public PortalAboutOrdinance 713ORDINANCE NO. 713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, REPEALING CHAPTER 8.32 OF THE BEAUMONT MUNICIPAL
CODE IN ITS ENTIRETY, AND ADDING NEW CHAPTER 8.32 TO THE
BEAUMONT MUNICIPAL CODE, ENTITLED NUISANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE
OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 8.32 is hereby repealed from the
Beaumont Municipal Code in its entirety.
SECTION 2: New Chapter 8.32 is hereby added to the
Beaumont Municipal Code to read as follows:
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Page 1
AMENDED NUISANCE ORDINANCE
Sections
12/8/92
8.32.000 Definitions.
8.32.005 Statement of Purpose.
8.32.010 Relation with Other Chapters of Municipal Code
8.32.020 Declaration of Nuisance - Generally.
8.32.030 Refuse and Waste.
8.32.040 Unsanitary Animals.
8.32.050 Sewage on Ground.
8.32.060 Building Code Violations.
8.32.070 Zoning Ordinance Violations.
8.32.080 Graffiti.
8.32.090 Polluted Water.
8.32.100 Stagnant Water.
8.32.105 Improper Slope Maintenance.
8.32.110 Insects, Vermin.
8.32.115 Outdoor Displays/Storage of Merchandise.
8.32.120 Noisy Animals.
8.32.130 Tree Trimmings.
8.32.140 Infested Trees.
8.32.150 Privies.
8.32.160 Unlawful, Unsafe, or Out -of -Date Signs.
8.32.170 Obstructions to Water.
8.32.180 Premises Maintenance.
8.32.185 Improper Grading or Excavation.
8.32.190 Smoke and Soot.
8.32.200 Internal Combustion Engines.
8.32.205 Abandoned, Inoperative, or Unlicensed Trailers,
Campers, Etc.
8.32.210 Salvage Materials.
8.32.220 Attractive Nuisances.
8.32.230 Household Fixtures.
8.32.240 Clotheslines.
8.32.250 Materials Stored on Roofs.
8.32.260 Discarded Materials.
8.32.270 Overgrown Plants.
8.32.280 Right of Entry.
8.32.290 Report of Findings.
8.32.300 Notice to Abate Public Nuisance.
8.32.310 Service of Notice - Persons to be Served.
8.32.320 Service of Notice - Manner of Service.
8.32.330 Service of Notice - Proof.
8.32.340 Voluntary Abatement by Premises Owner.
8.32.345 Request for Hearing Before Nuisance Abatement Hearing
Officer.
8.32 350 Nuisance Abatement Hearing Board.
8.32.355 Notice of Hearing to Abate Public Nuisance.
8.32.360 Hearing on Abatement - Content of Testimony.
8.32.370 Hearing on Abatement - Procedure.
8.32.380 Hearing on Abatement - Decision.
8.32.390 Order to Abate Public Nuisance.
8.32.400 Order to Abate - Service.
8.32 410 Abatement by Premises Owner.
2
8.32.420
8.32.425
8.32.430
8.32.440
8.32.450
8.32.460
8.32.470
8.32.480
8.32.485
8.32 490
8.32.500
8.32.510
8.32.520
8.32.530
8.32.540
8.32.545
Abatement by City.
Right of Entry to Abate.
Immediate Hazards.
Costs -
Costs -
Costs -
Costs -
Costs -
Costs -
Costs -
Taxes.
Unlawful Interference.
Nonliability of City.
Penalty.
Judicial Review.
Severability.
Gender and Number.
Report.
Notice of Hearing.
Hearing.
Assessment
Collection
Collection
Collection
and Personal Obligation
- Recorded Lien.
- Service of Notice of Lien.
- Special Assessment Collected
of
Owner.
with
8.32.000 Definitions. For purpose of this Chapter, words
and phrases designated herein shall have the following meaning:
A. "Fire Chief" means the Chief of the Riverside County
Fire Department providing fire protection services to the City,
and his authorized agents, assistants, deputies or
representatives.
B. "Police Chief" means the Chief of the Police Department
of the City of Beaumont, California, and his authorized agents,
assistants, deputies or representatives.
C. "City" means the City of Beaumont, California.
D. "City Council" means the City Council of the City of
Beaumont, California.
means the City's Director of Community
authorized agents, assistants, deputies or
E. "Director"
Development, and his
representatives.
F. "Health Officer" means the official of the City or the
County responsible for the enforcement 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.
G. "City Manager" means the City Manager of the City of
Beaumont, California, and his authorized agents, assistants,
deputies or representatives.
H. "Public Nuisance" means any act or condition defined in
Civil Code, Section 3480, including, but not limited to, the acts
or conditions more particularly described below in Sections
8.32.030 through 8.32.270.
I. "Premises" means any building, structure, wall, fence,
property, lot, setback, yard, or any portion thereof.
8.32.005 Statement of Purpose. The purpose of this Chapter
is to safeguard life, health, property, and the public welfare
within the City as follows:
3
A. By delineating premises maintenance standards, and
B. By providing procedures for abatement of sub -standard
conditions in a manner which affords due process to affected
premises owners.
In setting and enforcing such standards, the City seeks to
secure such benefits as the appreciation of property values,
physical improvement of residential areas, attraction of
investors of capital to residential and commercial zones,
increase in commercial trade, maximum use of property for its
highest and best use, and an increase in the tax base of the
City.
Section 8.32.010 Relation with Other Chapters of Municipal
Code. The actions and remedies set forth herein are to be
considered as alternatives to all other proceedings authorized by
the Beaumont Municipal Code or otherwise by law. The
determination as to which alternative action or remedy shall be
applied in a particular case shall be made by the City in its
discretion based on the facts and circumstances of the particular
case.
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 premises in the City to
maintain, or allow the maintenance of, on such premises any
public nuisance.
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.
Section 8.32 040 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, offensive,
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
4
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 premises, or in any public street or other public
place.
Section 8.32.060 Building Code Violations. All premises,
both permanent and temporary, including, but not limited to,
buildings, structures, or appendages, 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, 15.17.010
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 thereof, 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 or 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
premises, including, but not limited to, 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 premises,
including, but not limited to, land or building, established,
conducted, operated or maintained contrary to the provisions of
the City's zoning ordinance, as amended, is declared a public
nuisance. Any and all uses not expressly permitted in the City's
zoning ordinance, as amended, are not permitted, and are declared
a public nuisance.
Section 8.32.080 Graffiti. Graffiti which is visible from
adjacent premises 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
5
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.
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 premises unless directed into an approved
terrace drain facility, or the maintenance of slope vegetation in
such a condition as to cause erosion or failure of 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 premises, including,
but not limited to, any building, vacant lot, setback, yard,
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
insects or vermin is declared a public nuisance.
Section 8.32.115 Outdoor Displays/Storage of Merchandise.
Any outdoor display or outdoor storage of merchandise for sale
which is offensive to the senses, or harbors therein or thereon
flies, bed bugs, cockroaches, black widow spiders, lice, fleas,
or any other insects or vermin is declared a public nuisance.
Section 8.32.120 Noisy Animals. Any animal or fowl kept,
maintained or permitted to remain on any premises 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
6
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 Unlawful, Unsafe, or Out -of -Date 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.
E. Any sign in violation of Chapter 17.60 of the Beaumont
Municipal Code.
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 8.32.180 Premises Maintenance. Maintenance of
premises in such a condition so as to cause significant
diminution in use, enjoyment, or value of adjacent premises; or
in such a condition so as to be detrimental to the public health,
safety, or general welfare; or in such a condition so out of
harmony or conformity with the maintenance standard of adjacent
premises as to cause substantial diminution of the enjoyment, use
or property values of such adjacent premises is declared a public
nuisance.
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 premises, is declared a public
nuisance.
7
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 the operation of 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, Inoperative, or Unlicensed
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 not parked or stored entirely within an enclosed
structure or not screened from view and is visible from the
street or other public or private propery is 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 premises is
declared a public nuisance.
Section 8.32.220 Attractive Nuisances. Attractive
nuisances dangerous to children, including, but not limited to,
abandoned, broken or neglected equipment and machinery, unguarded
or unfenced commercial outdoor displays and storage, hazardous
pools and excavations, are declared a public nuisance.
Section 8.32.230 Household Fixtures. Abandoned or
discarded furniture, appliances, play equipment or other
household fixtures or equipment, stored so as to be visible from
public right-of-way or from adjoining premises, 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 visible from
the public right-of-way are declared a public nuisance.
8
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 insects, rats or other vermin, which constitute an
unsightly appearance, which are detrimental to neighboring
premises or property values, or which are grown over the public
right-of-way and impair vehicular or pedestrian traffic are
declared a public nuisance.
Section 8.32.280 Right of Entry. The Fire Chief, Police
Chief, Director, Health Officer and City Manager shall be
entitled to enter any premises, occupied or vacant, to determine
whether any act or condition may constitute a public nuisance if
he/she has reasonable cause to believe that such act or condition
may exist on the premises. If the premises are occupied,
credentials shall be presented to the occupant and permission to
enter shall be obtained in writing. In the event that the
premises are secured against entry, a reasonable effort shall be
made to locate the owner or other persons having charge or
control over the premises for permission to enter. If entry is
refused, the Fire Chief, Police Chief, Director, Health Officer,
or City Manager shall obtain such authorization, including a
warrant, as may be necessary under the circumstances to secure
entry.
Section 8.32.290 Report of Findings. The Police Chief,
Fire Chief, Director, Health Officer, or City Manager, acting
either in concert or independently, may examine, or cause to be
examined, every premises reported in writing to or by a City
department head or his/her designee as dangerous or damaged or
which may constitute a public nuisance, and upon examination
shall prepare a Report of Findings setting forth the condition of
the premises and, if necessary, his/her/their recommendation for
abatement thereof. The Report of Findings shall remain available
for review and inspection by the legal or equitable owners of the
premises to which it relates.
Section 8.32.300 Notice to Abate Public Nuisance. If the
Police Chief, Fire Chief, Director, Health Officer or City
Manager finds that any premises constitutes a nuisance and
determines that City abatement thereof is necessary to protect
the public health, safety, or welfare, the City Manager shall
cause to be prepared a Notice to Abate Public Nuisance stating in
detail the condition which renders the premises a public
nuisance. The notice shall set forth the street address, the
9
assessor's parcel number or other appropriate method of
determining the location of the nuisance. Such notice shall be
in substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
To all persons having any interest in the premises
having assessor's parcel number and
known and described as
in the City of Beaumont:
Your attention is hereby called to the provisions of
Sections 8.32.000 through 8.32.545 of the Municipal Code of
the City of Beaumont, California, on file in the office of
the City Clerk in the City Hall located at 550 East Sixth
Street, Beaumont, California.
Pursuant to the provisions of said Sections, you are
hereby notified that certain unsafe, dangerous, hazardous or
obnoxious conditions exist on the premises described above
and such conditions have been declared a public nuisance by
the Police Chief, Fire Chief, Director, Health Officer or
City Manager. A Report of Findings is attached hereto.
Said nuisance must be abated by the removal or repair
of said unsafe, dangerous, hazardous or obnoxious conditions
as follows:
Such action(s) must be completed within thirty (30)
days from the date of this Notice and thereafter you must
maintain the said premises free of any of the conditions
described above.
If you fail to abate the nuisance as described above
within thirty (30) days from the date of this Notice, the
City of Beaumont will remove or repair such conditions and
will abate the nuisance, in which case the cost of such
removal or repair and abatement shall be assessed upon the
premises on which said conditions exist, and such costs will
constitute a lien upon such premises unless and until paid
in full.
(Cont'd.)
10
RIGHT TO HEARING
YOU HAVE THE RIGHT TO A HEARING REGARDING THE
REQUIREMENTS OF THIS NOTICE BY FILING A WRITTEN REQUEST FOR
HEARING WITH THE CITY CLERK IN ACCORDANCE WITH SECTION
8.32.345 OF THE MUNICIPAL CODE WITHIN 10 DAYS AFTER THE DATE
OF SERVING, MAILING, PUBLISHING OR POSTING OF THIS NOTICE TO
ABATE PUBLIC NUISANCE, WHICHEVER IS LATER.
Dated:
City Manager
City of Beaumont
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; and
B. The owner of the premises as shown on the most recent
tax assessment; and
C. Any other person or persons known by the City Manager
to have an ownership or leasehold interest in the premises.
Section 8.32.320 Service of Notice - Manner of Service.
The Notice shall be served as follows:
A. The person, or persons, if any, at least 18 years of
age and occupying or in real or apparent charge and control of
the premises involved shall be personally served if reasonably
possible. If personal service cannot with reasonable diligence
be accomplished, then the Notice shall be mailed, certified,
return receipt requested, to such persons at the address of the
premises.
B. The owner of the premises as shown on the most recent
tax assessment roll and any other person or persons actually
known by the City Manager to have an ownership, leasehold or
other interest in the premises shall be personally served if
reasonably possible. If personal service cannot with reasonable
diligence be accomplished, then the Notice shall be mailed,
certified, return receipt requested, to such persons at their
last known address.
C. If no address is known, then the Notice shall be mailed
to such persons at the address of the premises involved and the
Notice shall be published in a daily newspaper circulated within
the City and 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 Nuisance
Abatement Hearing Board.
Section 8.32.330 Service of Notice - Proof. Proof of
service of the Notice and/or publishing and posting thereof shall
be documented at the time of service by a declaration under
11
penalty of perjury executed by the person effecting service,
declaring the time and manner in which such Notice was given
and/or published and posted. He shall file such declaration in
the City Manager's office and therewith any proof of mailing,
publishing, or posting.
Section 8.32.340 Voluntary Abatement by Premises Owner.
The owner, lessee, or occupant of any premises alleged to be a
nuisance under the provisions 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 Abate
Public Nuisance. Once advised of such abatement, the City shall
inspect the premises to verify that the condition has been
abated.
Section 8.32.345 Request for Hearing Before Nuisance
Abatement Hearing Board. Within ten (10) days of the service,
mailing, publishing, or posting of the Notice to Abate Public
Nuisance, whichever is later, the owner, lessee, or occupant of
the premises described in the Notice to Abate may request a
hearing before the Nuisance Abatement Hearing Board regarding the
requirements of the Notice to Abate. Such request shall be made
in writing, shall state the objections of the person filing the
request, shall state the interest in the property of the person
filing the request and shall be filed with the City Clerk. The
matter shall be assigned to the Nuisance Abatement Hearing Board
and set for hearing at least twenty-one (21) days after the date
of the mailing of the Notice of Hearing to Abate Public Nuisance.
The person filing the request shall be entitled to one
continuance of up to fourteen (14) additional days. The person
filing the request, and all others having an interest in the
premises, shall be notified of the time and place of the hearing
before the Nuisance Abatement Hearing Board by a Notice of
Hearing to Abate Public Nuisance as set forth below.
Section 8.32 350 Nuisance Abatement Hearing Board. Any and
all requests pursuant to Section 8.32.345 shall be heard by the
Nuisance Abatement Hearing Board who shall be the City Planning
Commission. The decision of the Nuisance Abatement Hearing Board
shall be final. The Nuisance Abatement Hearing Board shall serve
on a pro bono basis.
Section 8.32.355 Notice of Hearing to Abate Public
Nuisance. If the nuisance is not abated voluntarily, or if a
request for hearing is filed pursuant to Section 8.32.345, a
Notice of Hearing to Abate Public Nuisance shall be prepared in
substantially the following form:
12
NOTICE OF HEARING TO ABATE
PUBLIC NUISANCE
To all persons having any interest in the premises
having assessor's parcel number and
known and described as
in the City of Beaumont:
Notice is hereby given that you must appear before the
Nuisance Abatement Hearing Board at the hearing to be held
on the day of , 199 , at City Hall
located at 550 East Sixth Street, Beaumont, California, at
a.m./p.m., or as soon thereafter as the matter may
be heard, to show cause why certain unsafe, dangerous,
hazardous or obnoxious conditions existing on said premises
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, upon the Nuisance Abatement Hearing Board's
finding that the same constitutes a public nuisance, the
nuisance will be abated by the City of Beaumont, in which
case the cost of such removal or repair and abatement shall
be assessed upon the premises on which said conditions
exist, and such costs will constitute a lien upon such
premises unless and until paid in full.
The conditions upon said premises which cause them to
be a public nuisance are as follows:
Dated: .
City Manager
City of Beaumont
Section 8.32.360 Hearing on Abatement - Content of
Testimony. The Nuisance Abatement Hearing Board shall, at the
scheduled time as specified in the Notice of Hearing to Abate
Public Nuisance, proceed to hear and consider any relevant
testimony or evidence offered by the Fire Chief, Police Chief,
Director, Health Officer, City Manager, other officials or
employees of the City or other qualified witnesses, as well as
the owner, a responsible person in charge and control of the
affected premises, his representatives, a mortgagee or
13
beneficiary under any trust deed, lessee, any other person having
any estate or interest in such premises, or any other competent
person who may be present and desire to testify, respecting:
A. The condition of the affected premises,
B. The estimated cost of abating the alleged nuisance by
repair or removal, and
C. Any other pertinent matters.
The Nuisance Abatement Hearing 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 formally, although the technical rules
of evidence shall not apply, except that irrelevant and unduly
repetitious evidence shall be excluded. All evidence taken shall
be sworn evidence and the proceedings shall be transcribed by a
court reporter. During the course of the hearing, the Nuisance
Abatement Hearing Board may visit and inspect any premises
involved in the proceeding.
Section 8.32.380 Hearing on Abatement - Decision. Upon
conclusion of the hearing, the Nuisance Abatement Hearing Board
shall consider the evidence presented and shall, as soon as
reasonably possible thereafter, make written findings of fact,
based upon the evidence, to support his/her decision and shall
make his/her determination and conclusion with respect to the
alleged public nuisance. The ruling shall be made by the
Nuisance Abatement Hearing Board within thirty (30) days of the
close of such hearing, and copies thereof shall be served upon
all interested parties in the same manner as set forth in
Sections 8.32.310 through 8.32.330. 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. The ruling shall contain a notice that
judicial review, if desired, must be sought within the 90 -day
time limit set forth in California Code of Civil Procedure,
Section 1094.6.
Section 8.32.390 Order to Abate Public Nuisance. If, from
the evidence received at the hearing, the Nuisance Abatement
Hearing Board determines that the premises or any portions
thereof are unsafe or dangerous and a public nuisance, then
he/she shall, by written ruling, order the nuisance abated. The
Order to Abate Public Nuisance 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;
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;
14
D. A reasonable time within which the required abatement
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.
F. That judicial review, if desired, must be sought within
the 90 -day time limit set forth in California Code of Civil
Procedure, Section 1094.6.
Section 8.32.400 Order to Abate - Service. The City
Manager shall cause copies of the order to be posted upon the
premises involved and served in the manner and upon the persons
prescribed in Section 8.32.310 through 8.32.330, except that a
copy of the affidavit or certificate of mailing shall be included
with each copy of the order which is mailed.
Section 8.32.410 Abatement by Premises Owner. The premises
owner, lessee, occupant, or person having charge or control of
the premises, may, at his own expense, abate the nuisance as
prescribed by the Order to Abate prior to the expiration of the
abatement period set forth in the Order to Abate. If the
nuisance has been inspected by a representative of the City and
has been abated in accordance with the Order to Abate,
proceedings shall be terminated.
Section 8.32.420 Abatement by City. Whenever an Order to
Abate Public Nuisance upon a premises, or any portion thereof,
has not been complied with within the time set by the Nuisance
Abatement Hearing 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 8.32.425 Right of Entry to Abate. The Fire Chief,
Police Chief, Director, Health Officer and City Manager shall be
entitled to enter vacant or occupied premises to carry out an
Order to Abate Public Nuisance. If the premises are occupied,
credentials shall be presented to the occupant and permission to
enter shall be obtained in writing. In the event that the
premises are secured against entry, a reasonable effort shall be
made to locate the owner or other persons having charge or
control over the premises for permission to enter. If entry is
15
refused or cannot be obtained, the Fire Chief, Police Chief,
Director, Health Officer, or City Manager shall obtain such
authorization, including a warrant, as may be necessary under the
circumstances to secure entry. Authorization may be obtained
following the same procedures as set forth in state law for
inspection authorization, including, but not limited to,
obtaining from the municipal court an administrative abatement
warrant.
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, Health Officer or Director to be an immediate hazard. In
such event, the City Manager, Police Chief, Fire Chief, Health
Officer 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 Hearing Board. However, such immediate action shall be
limited to such action as the City Manager, Police Chief, Fire
Chief, Health Officer or Director deems reasonably necessary in
his/her 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 Fire Chief, Police
Chief, City Manager, Director or Health Officer shall keep an
account of the cost (including incidental expenses) of abating
any nuisance or immediate hazard on each separate premises where
the work has been done and, upon completion of the abatement, the
City Manager shall cause to be prepared and filed with the City
Clerk an itemized Report of Costs of Nuisance Abatement
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 premises on 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;
E. The assessment against each premises proposed to be
levied to pay the cost thereof. Any such Report of Costs of
Nuisance Abatement may include work performed on any number of
premises, 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.
16
Section 8.32.450 Costs - Notice of Hearing. Upon filing of
the Report of Costs of Nuisance Abatement by the Police Chief,
Fire Chief, Director, Health Officer or City Manager with the
City Clerk, the City Clerk shall add consideration of the Report
to the agenda of the next City Council meeting which will permit
time for proper notification of interested persons. The City
Clerk shall cause to be served copies of the Report and a Notice
of Hearing on Costs of Nuisance Abatement at least twenty-one
(21) days before the scheduled hearing upon the persons and in
the manner set forth in Sections 8.32.310 through 8.32.330. The
Notice of Hearing on Costs of Nuisance Abatement shall be in
substantially the following form:
NOTICE OF HEARING ON COSTS
OF NUISANCE ABATEMENT
To all persons having any interest in the premises
having assessor's parcel number and
known and described as
in the City of Beaumont:
Notice is hereby given that the City Council, at its
meeting to be held on the day of
199 , at City Hall located at 550 East Sixth Street,
Beaumont, California, at a.m./p.m., or as soon
thereafter as the matter may be heard, will hear any protest
or objection to the cost of the abatement of the public
nuisance on the premises described above for the purpose of
correcting, modifying, or confirming the said costs and
assessing the same against the said premises. Failure to
make any objection will be deemed to be a waiver of any
objection or protest to any and all procedures concerning
the same. A Report of Costs of Nuisance Abatement showing
the cost and proposed assessment for such abatement is on
file at City Hall and is open to public inspection.
Dated: .
City Manager
City of Beaumont
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 of Costs of Nuisance
Abatement. Each such protest or objection must contain a
description of the premises 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 City Council shall
hear and pass upon the Report of Costs of Nuisance Abatement,
17
together with any objections or protests which may be raised by
any premises owner liable to be assessed for the costs of
abatement, and any other interested persons. The City Council
may make such correction, revision or modification in the Report
of Costs of Nuisance Abatement as it may deem just, and when the
City Council is satisfied of the correctness of the assessment,
the Report of Costs of Nuisance Abatement as submitted, or as
revised, corrected or modified, together with the assessment,
shall be confirmed by resolution. The resolution shall be passed
and adopted by the City Council within thirty (30) days of the
close of such hearing, and copies thereof shall be served upon
all interested parties in the same manner as set forth in
Sections 8.32.310 through 8.32.330, except that a copy of the
affidavit or certificate of mailing shall be included with each
copy of the resolution which is mailed. The resolution shall
contain a notice that judicial review, if desired, must be sought
within the 90 -day time limit set forth in California Code of
Civil Procedure, Section 1094.6. The City Council may adjourn
the hearings from time to time.
Section 8.32.470 Costs - Assessment and Personal Obligation
of Owner. The amount of the costs of abating the nuisance or the
immediate hazard upon each premises, including incidental
expenses, as confirmed by the City Council, shall constitute an
assessment against each such premises, and as thus made and
confirmed shall also become the personal obligation of the owner
of each such premises. 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 assessment shall also constitute a lien on such
premises for the amount of such costs until paid pursuant to
California Government Code, Section 38773.1, and shall also
constitute a special assessment against such premises for the
amount of such costs pursuant to California Government Code,
Section 38773.5.
Section 8.32.480 Costs - Collection - Recorded Lien. Upon
the City Council's confirmation of the amount of costs as set
forth in Section 8.32.460, pursuant to California Government
Code, Section 38773.1, the City Clerk shall cause a Notice of
Lien to be served upon the persons and in the manner prescribed
in Section 8.32.485, and to be recorded in the Office of the
County Recorder of Riverside County, State of California. Such
Notice of Lien shall be 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,
and in California Government Code, Sections 38773 and
38773.1, the City of Beaumont, by Resolution No.
dated , 199 , did cause a nuisance to be abated
on , 199 , on the premises described below and
did, by Resolution dated , 199 , assess
18
the cost of such abatement upon said premises described
below.
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 , 199 , until said amount
has been paid in full and this lien discharged of record.
The premises described above and upon which a lien is
hereby claimed is that certain premises situated in the City
of Beaumont, County of Riverside, State of California, and
more particularly described as follows:
The name and address of the owner of record of such
premises described above is:
CITY OF BEAUMONT
Dated: , 199 By:
ATTEST:
City Clerk
8.32.485 Cost - Collection - Service of Notice of Lien.
The Notice shall be served in the same manner as a summons in a
civil action in accordance with California Code of Civil
Procedure, Sections 415.10 et seq. as follows:
A. The person, or persons, if any, at least 18 years of
age and occupying or in real or apparent charge and control of
the premises involved shall be personally served unless the
premises is vacant.
B. The owner of the premises as shown on the most recent
tax assessment roll and any other person or persons actually
known by the City Manager to have an ownership, leasehold or
other interest in the premises shall be personally served. If
19
personal service cannot with reasonable diligence be
accomplished, the Notice may be served by leaving a copy of the
Notice at such person's dwelling house, usual place of abode,
usual place of business, or usual mailing address other than post
office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address, at least 18 years of
age, who shall be informed of the contents thereof, and by
thereafter mailing a copy of the Notice (by first-class mail,
postage prepaid) to the person to be served at the place where a
copy of the Notice was left. Service is deemed complete on the
tenth day after the mailing.
C. If no address is known, then the Notice shall be mailed
to such person at the address of the premises involved and the
Notice shall be published in a daily newspaper circulated within
the City and 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 City Council.
Section 8.32 490 Costs - Collection - Special Assessment
Collected with Taxes. Upon the City Council's confirmation of
the amount of costs as set forth in Section 8.32.460, pursuant to
California Government Code, Section 38773.5, 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 special assessment on the appropriate
assessment book opposite the description of the particular
premises. 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 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
20
or immediate hazard exists on any premises in accordance with
the provision herein, or by reason of any of the procedures or
processes related to the actual abatement thereof.
Section 8.32.520 Penalty. Any individual violating any
provision of this ordinance shall be deemed guilty of an
infraction or misdemeanor as hereinafter specified. Such
individual shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of
any of the provisions of this ordinance is committed, continued,
or permitted. Any individual convicted of a violation of this
ordinance shall be: (1) guilty of an infraction offense and
punished by a fine not exceeding one hundred dollars ($100.00)
for a first violation; (2) guilty of an infraction offense and
punished by a fine not exceeding two hundred dollars ($200.00)
for a second violation of the same ordinance and perpetrated by
the same individual. The third and any additional violations on
the same ordinance and perpetrated by the same individual shall
constitute a misdemeanor offense and shall be punishable by a
fine not exceeding one thousand dollars ($1,000.00) or six (6)
months in jail, or both. Notwithstanding the above, a first
offense may be charged and prosecuted as a misdemeanor. Payment
of any penalty herein shall not relieve an individual from the
responsibility for correcting the violation. Any person who
removes any notice or order posted, as required in the Chapter,
is guilty of an infraction.
Section 8.32.530 Judicial Review. California Code of Civil
Procedure, Section 1094.6 is hereby adopted and made applicable
to any judicial review of any decision made by the City or its
Nuisance Abatement Hearing Board, agents, representatives or
employees under this Chapter.
Section 8.32.540 Severability. If any section, subsection,
sentence, clause or phrase of this Chapter is, for any reason,
held unconstitutional 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 otherwise invalid.
Section 8.32.545 Gender and Number. Any reference to the
masculine shall include the feminine and any reference to the
feminine shall include the masculine. Any reference to the
singular shall include the plural and any reference to the plural
shall include the singular.
21
Ordinance No. 713
SECTION 3: This Ordinance shall take effect as
provided by law.
1993.
MOVED, PASSED AND ADOPTED this 25th day of January ,
in
MA)(Og 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 January 11
1993, and was duly adopted upon second reading on January 25
1993, upon the following roll call vote:
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Y CLERK, CITY OF
22