Beaumont Municipal Code Ch. 8.08 Weeds and Waste Matter

A. All weeds, dry grasses, dead shrubs, dead trees, rubbish or any material growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, or other property, and weeds and grasses which, when dry, will, in the sole judgment of the fire chief, constitute such a fire hazard, are declared a public nuisance.

B. Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the fire chief or his authorized representative determines it necessary to protect adjacent improved property from fire exposure, a fire-break may be required, as specified by the fire chief.

(Ord. 385 §1, 1968)

Property owners and occupiers of real property in the City shall maintain their property to eliminate fire hazards. Whether by self-help or on order of the Fire Chief, property owners and occupiers shall maintain their properties in accordance with the following standards:

A. Maintain a firebreak for the protection of structures by removing all flammable waste and materials (including wood piles) and growth around each structure for a distance of not less than 30 feet;

B. Maintain a firebreak of at least ten feet in all directions from liquefied propane (LP) gas tanks;

C. Remove dead or dying trees, and remove the portion of any tree which extends within ten feet of the outlet of any chimney or stovepipe;

D. Keep roofs free of leaves and needles;

E. Maintain a non-flammable screen with openings of no more than half inch in size over the outlet of every chimney and stovepipe;

F. Parcels of five acres or less in size shall be mowed to a three inch-high stubble, or disked provided that such disking does not create fugitive dust emissions in violation of state air quality rules and that the owner takes all steps necessary to control fugitive dust emissions;

G. Parcels larger than five acres in size shall be mowed to a three inch-high stubble, or disked around the perimeter of the parcel in a swath 100 feet wide and with a 100 foot wide "crisscross" through the center of the parcel provided that such disking does not create fugitive dust emissions in violation of state air quality rules and that the owner takes all steps necessary to control fugitive dust emissions.

The Fire Chief is authorized to impose such additional requirements as may be necessary in order to ensure the abatement of an existing or potential fire hazard.

(Ord. 983, 11/16/2010)

A. Waste matter is defined for the purpose of this chapter as unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:

1. Rubble, asphalt, concrete, plaster, tile;

2. Rubbish, crates, cartons, metal and glass containers;

3. Vehicle bodies and parts.

B. Waste matter as defined in subsection A of this section, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance as defined in Section 8.08.010, is declared a public nuisance.

(Ord. 385 §§2, 3, 1968)

A. Fire Chief Designee. For the purpose of enforcing or administering this Chapter, the Fire Chief may designate any person or persons as his/her deputy in the performance of duties imposed by this Chapter.

B. Authority to Enter Property. For the purpose of enforcing or administering this Chapter, the Fire Chief (or designee) may enter any real property for the purpose of inspecting the property or for summary abatement activities whenever the Fire Chief (or designee) is informed or has reasonable cause to believe that a fire hazard exists, constituting a condition dangerous and injurious to the health or welfare of persons or to the public, including the environment, or is otherwise in violation of this Chapter. No person shall interfere with the entry of the Fire Chief (or designee) acting in the official course and scope of his duty.

(Ord. 983, 11/16/2010)

In addition to the authority granted by law to the Fire Chief in exigent situations, the Fire Chief (or designee) is authorized to enter real property and summarily abate any fire hazard including, without limitation, combustible vegetation, determined by the Fire Chief (or designee) to constitute an immediate threat to public health or safety, without prior notice or hearing. The Fire Chief (or designee) shall, thereafter, seek recovery of the cost of abatement.

(Ord. 983, 11/16/2010)

If it is determined that a public nuisance exists on any lot or premises, or upon any sidewalk, parking or street adjacent to such lot or premises, the chief of the fire department shall cause a notice to be issued to abate such nuisance. Such notice shall be headed, "NOTICE TO CLEAN PREMISES" in letters not less than one inch in length and which shall, in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting as provided by this chapter shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.

(Ord. 385 §4, 1968)

The notice required by Section 8.08.030 may be served in any of the following manners:

A. By personal service on the owner, occupant or person in charge or control of the property;

B. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known;

C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City. The newspaper advertisement shall be a general notice that property in the City has been posted in accordance with the ordinance codified in this chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter.

(Ord. 385 §5, 1968)

Within ten days from the effective date of the ordinance codified in this chapter, as indicated by the fire chief, of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than five days nor more than 20 days thereafter, it shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive.

(Ord. 385 §6, 1968; Ord. 454 §2, 1974)

It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the City within ten days from the date of notification as provided in this chapter, or in case of an appeal to the City Council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated.

(Ord. 385 §7, 1968)

If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this ordinance, the chief of the fire department shall cause such nuisance to be abated. The abatement work may be done by the City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council.

(Ord. 385 §8, 1968)

The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular or adjourned meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall.

(Ord. 385 §9, 1968)

The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises, and the City Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such weeds, grasses, dead shrubs, and waste matter constitute a public nuisance.

(Ord. 385 §10, 1968)

The City Clerk shall prepare and file with the county auditor a certified copy of the resolution of the City Council.

(Ord. 385 §11, 1968)

The City may accept payment of any amount due at any time prior to the City Council hearing, as called for in Section. 8.08.080.

(Ord. 385 §12, 1968)

The provisions of Sections 39580 to 39585, inclusive, of the Government Code are incorporated by reference and made a part of this chapter. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

(Ord. 385, § 13, 1968)

In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

(Ord. 997, 5-3-11)