Beaumont Municipal Code Ch. 8.32 Nuisances

For purposes of this Chapter, words and phrases designated herein shall have the following meaning;

"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. "Police Chief' means the Chief of the Police Department of the City of Beaumont, California, and his authorized agents, assistants, deputies or representatives.

"City" means the City of Beaumont, California.

"City Council" means the City Council of the City of Beaumont, California.

"Director" means the City's Director of Community Development, and his authorized agents, assistants, deputies or representatives.

"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.

"City Manager" means the City Manager of the City of Beaumont, California, and his authorized agents, assistants, deputies or representatives.

"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.

"Premises" means any building, structure, wall, fence, property, lot, setback, yard, or any portion thereof.

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.

Whenever this Code or any provision of law authorizes the City Manager or any other City code enforcement officer to declare a public nuisance, the City Manager or designee shall be consulted for approval to summarily abate by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a dangerous condition or imminent threat to life, safety or health, on public or private property. Summary abatement actions shall not be subject to the notice and hearing requirements of this Chapter, and a City code enforcement officer, with City Manager approval, shall not be prohibited from summary abatement actions after initiation of due process proceedings pursuant to this Chapter if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summary abatement shall be limited to those actions which are reasonably necessary to immediately remove a threat.

In the event a public nuisance is summarily abated, the City Manager or other code enforcement officer may keep an account of the cost of abatement and bill the property owner therefor. If the bill is not timely paid, the officer may proceed to obtain a special assessment and lien against the owner's property in accordance with the procedures set forth in this Chapter.

(Ord. 1034, 5.7.13)

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.

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.

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.

(Ord. No. 823, § 1, 3-5-02)

"Refuse and waste matter" is defined for the purpose of this Chapter as unused or discarded matter or material having no substantial market value, and which consists of such matter and material as rubbish, refuse, debris, and matter of any kind, including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels. Refuse and waste matter as defined which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises is declared a public nuisance.

Portable basketball hoops placed on public rights-of-way including, but not limited to, streets, alleys and sidewalks, whether temporarily or otherwise, are declared a public nuisance.

(Ord. No. 847, § 1,9-16-03)

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.

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.

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.

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.

Graffiti which is visible from adjacent premises or from a public street or right-of-way is declared a public nuisance.

"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.

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.

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 storm water 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.

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.

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.

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 interfere with one or more persons in the reasonable and comfortable enjoyment of life and property is declared a public nuisance.

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.

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.

(Ord. No. 823, § 1, 3-5-02)

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.

(Ord. No. 823, § 1, 3-5-02)

Any privy vault maintained in violation of this Code is declared a public nuisance.

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 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 17.61 of the Beaumont Municipal Code.

(Ord. No. 823, § 1, 3-5-02)

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, down drain, catch basin or other drainage facility is declared a public nuisance.

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.

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 hand railings.

G. The repair or replacement of awnings, when substantially faded or when ripped.

H. The maintenance of landscaping, including lawn areas, plants, shrubs and trees, and if dead or diseased, the removal thereof.

(Ord. No. 823, § 1, 3-5-02)

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.

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.

Any stationary internal combustion engine used, run, or otherwise operated within 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 there from 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.

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.

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.

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.

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.

Clotheslines in front or side yard areas of comer 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.

Materials or items of any type stored on roofs and visible from the public right-of-way are declared a public nuisance.

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.

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.

(Ord. No. 823, § 1, 3-5-02)

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.

The Fire Chief, Police 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 the review and inspection by the legal or equitable owners of the premises to which it relates.

If the Police Chief, Fire Chief, Building Official, 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 an Order to Abate Public Nuisance stating in detail the condition which renders the premises a public nuisance. The Order shall set forth the street address, the assessor's parcel number or other appropriate method of determining the location of the nuisance. Such Order shall be in substantially the following form:

ORDER TO ABATE PUBLIC NUISANCE

To all persons having any interest in the premises having assessor's parcel number ___________ and commonly known 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 have been declared a public nuisance by the Police Chief, Fire Chief, Building Official, Health Officer or City Manager.

Said nuisance must be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious conditions as follows:

_____

_____

_____

_____

If such action(s) are not completed within _____ days from the date of this Order, 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.

Right to Hearing

YOU HAVE THE RIGHT TO A HEARING REGARDING THE REQUIREMENTS OF THIS ORDER 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 ORDER TO ABATE PUBLIC NUISANCE, WHICHEVER IS LATER.

Date: _______

___________ Code Enforcement Officer City of Beaumont

(Ord. 957, 10/06)

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;

C. Any other person or persons known by the City Manager to have an ownership or leasehold interest in the premises.

(Ord. 957, 10/06)

The Order 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 Order 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 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 Order shall be mailed, first class mail, postage prepaid, to such persons at their last known address.

C. If no address is known, then the Order shall be mailed to such persons at the address of the premises involved and the Order shall be published in a newspaper circulated within the City and one certified copy of the Order shall also be conspicuously posted on the premises at least ten days before the time fixed for the hearing before the Nuisance Abatement Hearing.

(Ord. 957, 10/06)

Proof of service of the Order 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 Order was given and/or published and posted. He shall file such declaration in the Building Official's or the City Clerk's office and therewith any proof of mailing, publishing, or posting.

(Ord. 957, 10/06)

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 Order to Abate Public Nuisance. Once advised of such abatement, the City shall inspect the premises to verify that the condition has been abated.

(Ord. 957, 10/06)

Within ten days of the service, mailing, publishing, or posting the order to abate public nuisance, whichever is later, the owner, lessee, or occupant of the premises described in the order to abate may request a hearing before the Nuisance Abatement Hearing Officer regarding the requirements of the order 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 Building Official or the City Clerk. The matter shall be assigned to the Nuisance Abatement Hearing Officer and set for hearing at least ten 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 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.

(Ord. 957, 10/06)

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.

(Ord. 957, 10/06)

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 _______, at City Hall located at 550 East Sixth Street Beaumont, California, at _______ a.m./p.m., or as soon thereafter as the matter may be heard, to show cause why certain unsafe, dangerous, hazardous or obnoxious conditions existing on said premises shall not be declared a public nuisance and said nuisance be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious conditions.

Otherwise, upon the Nuisance Abatement Hearing 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

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.

(Ord. 716 §2, 1993)

The bearing 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.

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 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.

(Ord. 716 §2, 1993)

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 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.

(Ord. 716 §2,1993)

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 certificates of mailing shall be included with each copy of the order which is mailed.

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 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.

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, 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.

(Ord. 716 §2, 1993)

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.

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.

(Ord. 716 §2, 1993)

The Fire Chief, Police Chief, City Manager, Director or Health Officer shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate premises where the work has been done and, upon completion of the abatement, the City Manager shall cause to be prepared and filed with the City Clerk an itemized report of costs of nuisance abatement specifying the following:

A. The work performed;

B. The cost of the work, including any salvage value and incidental expenses;

C. A description of the premises on which the nuisance or immediate hazard was located.

D. The names and addresses of the persons entitled to notice pursuant to the provisions of this Chapter.

E. The assessment against each premises proposed to be levied to pay the cost thereof. Any such report of costs of nuisance abatement may include work performed on any number of premises, whether or not contiguous to each other. The term "incidental expenses" includes, but is not limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this Chapter.

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 21 days before the scheduled hearing upon the persons and in the manner set forth in Sections 8.32.310 through 8.32.330. The notice of hearing on costs of nuisance abatement shall be in substantially the following form:

NOTICE OF HEARING ON COSTS OF NUISANCE ABATEMENT

To all persons having any interest in the premises having assessor's parcel number ___________ and known and described as ___________ in the City of Beaumont:

Notice is hereby given that the City Council, at its meeting to be held on the ___ day of _______, ___, 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 said costs and assessing the same against 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

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 reports of costs of nuisance abatement. Each such protest or objection must contain a description of the premises in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of costs of nuisance abatement, 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 is 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 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.

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 said premises. Such assessment shall be due and payable 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.

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. 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 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

Dates: _______, ___

By: ___________

ATTEST:

___________ City Clerk

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, 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 days before the' time fixed for the hearing before the City Council.

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 a 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 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.

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 there from no later than 15 calendar 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 14 calendar days after the date of the mailing of the Notice of Hearing on the appeal. The City 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 decision, affirm, reverse or modify, in whole or in part, any final decision or order of the Hearing Officer which is appealed from. The written decision shall be issued within fourteen (14) calendar 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 30 days after the date of posting on the subject premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise, all objections shall be deemed to have been waived.

(Ord. 957, 10/09)

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.

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.

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)

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.

(Ord. 716 §2, 1993)

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 anyone or more sections, subsections, clauses, sentences or phrases be declared unconstitutional or otherwise invalid.

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.