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HomeMy Public PortalAboutOrdinance 823ORDINANCE NO. 823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT MUNICIPAL CODE BY AMENDING CHAPTER 8.32 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 of the City of Beaumont Municipal Code are hereby amended: 1) Chapter 8.32.025 2) Chapter 8.32.135 3) Chapter 8.32.140 4) Chapter 8.32.160 5) Chapter 8.32.180 6) Chapter 8.32.270 Littering on Public Property Landscape and Vegetation Infested Trees or Shrubs Unlawful, Unsafe, or Out -of -Date Signs Premises Maintenance Overgrown Plants Section 2: A true, correct, and complete copy of Chapter 8.32, as amended, is attached hereto Exhibit A and made a part hereof Section 3: This ordinance shall take effect as provided by law. MOVED, PASSED, AND ADOPTED this J` day of file ( -4-0-1"— 2002. CITY OF BEAUMONT Bye Ag Mayor ATT City Clerk AYES: Mayor De .rge, Council Members Dressel, Fox, Valdivia, Berg NOES: None ABSENT: None ABSTAIN: None 2/21/02 AMENDED NUISANCE ORDINANCE Sections 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. 8.32.025 Littering on Public Property. 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. 8.32.135 Landscaping and Vegetation. 8.32.140 Infested Trees or Shrubs. 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. 8.32.420 Abatement by City. 8.32.425 Right of Entry to Abate. 8.32.430 Immediate Hazards. 8.32.440 Costs - Report. 8.32.450 Costs - Notice of Hearing. 8.32.460 Costs - Hearing. 8.32.470 Costs - Assessment and Personal Obligation of Owner. 8.32.480 Costs - Collection - Recorded Lien. 8.32.485 Costs - Collection - Service of Notice of Lien. 8.32.490 Costs - Collection - Special Assessment Collected with Taxes. 8.32.500 Unlawful Interference. 8.32.510 Nonliability of City. 8.32.520 Penalty. 8.32.530 Judicial Review. 8.32.540 Severability. 8.32.545 Gender and Number. Section 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. E. "Director" means the City's Director of Community Development, and his authorized agents, assistants, deputies or 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. 2 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. Section 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: 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 8.32.025 Littering on Public Property. It shall be unlawful for any person who owns, leases, rents, occupies, has charge of or possesses any premises in the City to deposit litter originating from such premises into any gutter, or onto any sidewalk, driveway, street, parking lot or other public place by means of leaf blowers, water hoses, rakes or brooms. "Litter" is defined as used, unused or discarded matter or material having no substantial market value and which consists of such matter and material as rubbish, refuse, debris, paper, lawn, leaf and landscape trimmings and clippings. The littering of public property in the manner described is declared a 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 3 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 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. 4 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. 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, termites 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 Noisv 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 8.32.135 Landscaping and Vegetation. Landscaping and vegetation, including lawns and lawn areas, plants, bushes, shrubs, trees and other landscaping, shall be maintained; provided, however, that any dead, dying, decade or diseased landscaping, vegetation or portions thereof is declared a public nuisance and shall be removed. 5 Section 8.32.140 Infested Trees or Shrubs. 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 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. The sign was legally erected, but has not been maintained in a safe, presentable and structurally -sound condition. "Maintenance" includes the replacement of broken parts and defective wiring and ballasts, such that signs are capable of being fully illuminated and legible. "Maintenance" also includes keeping signs clean, painted and legible, repairing and replacing the face(s) thereof to eliminate holes, cracks and other visual defects. "Maintenance" also includes the removal of signs advertising former businesses and tenants. E. 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. F. 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. "Premises Maintenance" shall mean and include, but is not limited to: A. The removal of graffiti. 6 B. Maintaining the painted surfaces of buildings and structures in good condition. For purpose of this subsection, "good condition" means that the painted surface is devoid of unsightly cracking, fading, peeling or blistering. C. Repairing or replacing broken, rotted, or crumbling fences. D. Maintaining driveways, the approaches thereto and sidewalks, including public sidewalks adjacent to the premises, free of any holes or potholes, and cracks and other defects having a width or height of three-quarters of an inch or more. E. Repair or replacement of broken windows, or broken or damaged doors and gates that constitutes a safety hazard or invitation to trespassers or vagrants. F. The repair or replacement of exterior stairs, porches, balconies and handrailings. G. The repair or replacement of awnings, when substantially faded or when ripped. 14. The maintenance of landscaping, including lawn areas, plants, shrubs and trees, and if dead or diseased, the removal thereof. 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. 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 property 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. 7 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. 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 overgrown trees, hedges, weeds, shrubs and other overgrown vegetation, cultivated or uncultivated, which is likely to harbor insects, rats or other vermin, or which constitute an unsightly appearance, which constitutes a safety hazard, or which is detrimental to neighboring premises or property values, or which is grown on/or over the public right-of-way and impairs vehicular or pedestrian traffic, or the visibility of such traffic, which impairs the visibility of traffic signs and signals is 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. 8 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 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.) 9 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 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. 10 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: 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 thatyou 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. 11 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 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 12 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; 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 13 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 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; 14 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. 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 City of Beaumont: in the 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 15 Council shall hear and pass upon the Report of Costs of Nuisance Abatement, 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 forrn: 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 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. 16 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 8.32.485 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 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. 17 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 Non -liability 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 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 onthe 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. 18 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. 19 dity of EEaumont 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8526 FAX (909) 769-8525 LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council shall conduct a public hearing at 6:00 p.m. on Tuesday, February 19, 2002 in the City Council Chambers at City Hall, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO 823: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT CALIFORNIA, AMENDING THE BEAUMONT MUNICIPAL CODE BY AMENDING CHAPTER 8.32 (Nuisance) A copy of the staff report and ordinance is on file in the City Clerks Office at City Hall, 550 East 6th Street, Beaumont, California. Interested person may submit written comments on this matter to the City Cler. at 550 East 6th Street, Beaumont, California 92223. Date: February 11, 2002 Shelby Hanvey Deputy City Cler, Published: Record Gazette: two (2) times. One (1) on February 15, 2002 it of 3aumoizL 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8526 FAX (909) 769-8525 LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council shall conduct a public hearing at 6:00 p.m. on uesday, February 5, 2002 in the City Council Chambers at City Hall, 550 E. 6th Street, eaumont, California 92223, to receive testimony and comments from all interested perso s regarding the adoption of the following matter(s): ORDINANCE NO 823 AN ORDINANCE 0 CALIFORNIA, AM AMENDING CHAPT THE CITY COUNCIL OF THE CITY OF BEAUMONT NDING THE BEAUMONT MUNICIPAL CODE BY R 8.32 A copy of the staff rep . rt and ordinance is on file in the City Clerks Office at City Hall, 550 East 6th Street, Bea mont, California. Interested person may East 6th Street, Beaumo Date: January 28, 2002 Published: Record time on II 1 ubmit written comments on this matter to the City Clerk t, California 92223. 7 t 550 Shelby Hanvey Deputy City azette: two (2) times. One (1) on February 1, 2002 and One (1) ebruary 4, 2002. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 69 NOTICE ORDINANCE NO. 823 STATE OF CALIFORNIA ) County of Riverside f SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Daily Record Gazette a newspaper of general c rculation, printed and published daily in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement therof on the following dates -to -wit. 2/15 all in the year 20 02 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signat Date 2/15, 20 02 at Riverside, California. This space for County Clerk's Filing Stamp NOTICE IS HEREBY GIVEN, that the Beaumont City Council shall conduct a public hearing at 6:00 p.m. on Tuesday, February 19, 2002 in the City Council Chambers at City Hall, 550 E. 6' Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO 823: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT CALIFORNIA, AMEND- ING THE BEAUMONT MUNICIPAL CODE BY AMENDING CHAPTER 8.32 (Nuisance) A copy of the staff report and ordinance is on file in the City Clerks Office at City Hall, 550 East 6" Street. Beaumont, California 92223. Interested person may sub- mit written comments on this matter to the City Clerk at 550 East 6' Street, Beaumont, California 92223. Date: February 11, 2002. -s- Shelby Hanvey Shelby Hanvey Deputy City Clerk Publish The Record Gazette No.69 2-15, 2002