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HomeMy Public PortalAboutOrdinance 716ORDINANCE NO. 716 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE BEAUMONT MUNICIPAL CODE ENTITLED NUISANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: The following sections of Chapter 8.32 are hereby repealed from the Beaumont Municipal Code in their entirety: 8.32.160 (C) Unlawful, Unsafe, or Out -of -Date Signs. 8.32.345 Request for Hearing Before Nuisance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. 8.32.420 Abatement by City. 8.32.430 Immediate Hazards. 8.32.480 Costs - Collection - Recorded Lien. 8.32.530 Judicial Review. Section 2: New sections of Chapter 8.32 are hereby added to the Beaumont Municipal Code to read as follows: 1 Section 8.32.160 Unlawful, Unsafe, or Out -of -Date Signs. 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 thirty (30) days or more. Section 8.32.345 Request for Hearing Before Nuisance Abatement Hearing Officer. 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 Officer 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 Officer 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 Officer by a Notice of Hearing to Abate Public Nuisance as set forth below. Section 8.32.350 Nuisance Abatement Hearing Officer. Any and all requests pursuant to Section 8.32.345 shall be heard by the Nuisance Abatement Hearing Officer who shall be the City Manager or his/her designee. The decision of the Nuisance Abatement Hearing Officer shall be final unless an appeal to the City Council is filed pursuant to Section 8.32.495. 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: 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 Officer at the hearing to be held on the day of , 199 , at City Hall located at 550 East Sixth Street, Beaumont, California, at 2 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 Officer'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: Code Enforcement Officer City of Beaumont Section 8.32.360 Hearing on Abatement - Content of Testimony. The Nuisance Abatement Hearing Officer 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 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 Officer may continue the hearing from time to time as it shall deem advisable. 3 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 recorded. During the course of the hearing, the Nuisance Abatement Hearing Officer 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 Officer 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 Officer 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 appeal to the City Council, if desired, must be sought by filing a notice of appeal with the City Clerk within 15 days from the date of the decision in accordance with Section 8.32.495. Section 8.32.390 Order to Abate Public Nuisance. If, from the evidence received at the hearing, the Nuisance Abatement Hearing Officer 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; 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 appeal to the City Council, if desired, must be sought by filing a notice of appeal with the City Clerk within 15 days from the date of the decision in accordance with Section 8.32.495. 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 Officer, the City Manager shall have the power, 4 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, 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 Officer. 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 8.32.480 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 did cause a nuisance to be abated on , 199 , on the premises described below and did, by Resolution dated 199 , assess the cost of such abatement upon said premises described below. 5 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 Section 8.32.495 Appeal to the City Council. A. Whenever any person is aggrieved by any final order of the Hearing Officer 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 no later than ten (10) days from the date of decision. A written notice of appeal shall be filed with the City Clerk and shall state the objections of the person filing the notice and shall state the interest in the property of the person filing the notice. B. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least twenty-one (21) days after the date of the mailing of the Notice of Hearing on the appeal. The person filing the appeal shall be entitled to one continuance of up to fourteen (14) additional days. The City 6 Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties in the same manner as set forth in Sections 8.32.310 through 8.32.330. C. The hearing before the City Council shall be conducted in a manner consistent with the provisions of Sections 8.32.360 and 8.32.370. After the hearing, the City Council may, by written resolution, affirm, reverse or modify, in whole or in part, any final decision or order of the Hearing Officer which is appealed from. The written resolution shall be issued within thirty (30) days of the close of the hearing. 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. D. The City Clerk shall serve the written resolution representing the decision of the City Council on the appeal on all interested parties in the same manner as set forth in Sections 8.32.310 through 8.32.330. The written resolution served 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 8.32.530 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 Officer, agents, representatives or employees under this Chapter. 7 Ordinance No. 716 Section 3: This Ordinance shall take effect as provided by law. MOVED, PASSED AND ADOPTED this loth 1993. day of oe Jiine OF THE CI Y OF BEAUMONT CERTIFICATION I, Julia White, Deputy , 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 May17 , 1993, and was duly adopted upon second reading on Jue 14 , 1993, upon the following roll call vote: AYES: Council Member Brey, McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: C,,uncil Member Parrott. 8 (Deputy) Y CLERK, CITY OF BEAUMONT