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hereby repealed from the Beaumont Municipal Code in their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:
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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
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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.
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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,
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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.
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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
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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.
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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.
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(Deputy)
Y CLERK, CITY OF BEAUMONT