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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTION 2.93.010;
SUBSECTION 5.77.090.O; CHAPTERS 8.56, 8.58, 8.76,
10.46, 18.03, 18.06, 18.10, 18.20, 18.21, 18.29, 18.30, 18.40,
18.60, 18.68, ALL RELATING TO THE REMOVAL OF THE
BOARD OF EXAMINERS, APPEALS AND CONDEMNATION
FROM THE LONG BEACH MUNICIPAL CODE
WHEREAS, at its meeting on November 18, 2025, the City Council requested the City Attorney to prepare an ordinance dissolving the Board, Examiners, Appeals and Condemnation (“BEAC”) and assign the duties of the BEAC to the planning commission; and
WHEREAS, by adopting this ordinance, the City Council of the City of Long Beach is dissolving the BEAC and allocating its duties to the Planning Commission; NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 2.93.010 of the Long Beach Municipal Code is amended to read as follows:
2.93.010 – Applicability.
This Chapter applies to the conduct of all hearings, appeals or investigations held by the City Council, the Planning Commission or any other applicable law where oral evidence or testimony is received and where personal or property rights are involved.
This Chapter does not apply to and is not intended to infringe upon the right of a citizen to petition it’s government for redress. This Chapter applies to all City personnel who testify or present evidence in a hearing.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Section 2. Subsection 5.77.090.O of the Long Beach Municipal Code is amended to read as follows:
O. Any person, hosting platform, or STR owner or operator aggrieved by a decision of the Director with respect to the provisions of this Chapter may appeal the decision to the Planning Commission. The decision of the Planning Commission shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
Section 3. Subsection 8.56.020.B of the Long Beach Municipal Code is amended to read as follows:
B. "Lot cleaning levy" means the charge made by the Building Official for removing weeds or debris from a lot plus all penalties for nonpayment of the charges which have accrued at the time plus any civil penalties that are assessable under the provisions of Section 8.56.210. In the event the owner fails to comply within the time frame established by the Building Official or as modified on appeal by the Planning Commission, the lot cleaning levy shall also include all incidental enforcement costs incurred by the City whether or not the work was performed later by the City, by the owner, or by others, except as provided below. Incidental enforcement costs include, but are not limited to, the actual expenses and costs of the City in investigating the nuisance, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be included in the lot cleaning levy for a property owned by a head of a low- income household (defined to be a household earning less than eighty percent (80%) of the County median income).
Section 4. Section 8.56.040 of the Long Beach Municipal Code is amended to read as follows:
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
8.56.040 – Notice-Form.
Whenever the Building Official finds weeds and/or debris on any lot, the Building Official shall cause a notice to clean premises to be given to the assessee of the lot as shown upon the current equalized assessment roll, in the manner provided in this Section, and the assessee shall be deemed to be the agent of the owner for the purpose of receiving service of the notice. The notice shall be in substantially the following form:
NOTICE TO CLEAN
PREMISES
To _____________________, as owner of the hereinafter described premises:
Pursuant to the provisions of Chapter 8.56 of the Municipal Code of the City of Long Beach, you are hereby notified to remove from __________________________ ____________________________________________________________________ (Description of property)
AKA: _________________________________________________________ (address)
All weeds and/or debris, as defined in said Municipal Code, within fifteen (15) days from the date of this notice. If such weeds and/or debris are not removed within that time, the undersigned will cause it to be removed and the charges for removal, including all incidental enforcement costs incurred by the City, shall become a lien upon your property. Be advised that incidental enforcement costs will become a lien upon your property if the weeds and/or debris are not removed within fifteen (15) days even if you perform the work later.
If you intend to remove such weeds and/or debris on your account, you are required, pursuant to the Long Beach Municipal Code, to obtain from the undersigned Building Official a certificate stating that your premises have been satisfactorily cleaned; otherwise the Building Official will, if dissatisfied with the manner in which said work has been done, cause the premises to be recleaned at your expense.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 If you object to cleaning the weeds and/or debris from your premises you may appeal to the Planning Commission by filing a written notice of appeal in the office of the undersigned within fifteen (15) days from the date of this notice. Failure to appeal shall be construed as your acceptance of the Building Official's determination and any and all remedies provided by the Long Beach Municipal Code.
Dated: ___________________________________________________________ _______________________________________________________________________ Building Official
City of Long Beach
Section 5. Subsection 8.56.060.B of the Long Beach Municipal Code is amended to read as follows:
B. The notice of hearing shall be served at least ten (10) days before the hearing. Proof of service shall be made by declaration filed with the Planning Commission.
Section 6. Section 8.56.070 of the Long Beach Municipal Code is amended to read as follows:
8.56.070 – Appeal-Hearing-Procedure.
A. At the time stated in the notice, the Planning Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed cleaning of the premises. The hearing may be continued without further notice.
B. Upon conclusion of the hearing, the Planning Commission shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance defined in this Chapter. If the Planning
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Commission finds that such public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed fifteen (15) days, within which cleaning shall take place; and in the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated and the cost incurred by the City, including incidental enforcement costs, plus any prescribed penalties, shall become a lien upon the property.
C. A copy of the Planning Commission’s determination shall be served by mail upon the owner of the affected premises. Service shall be complete at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.
D. No legal proceeding or action shall lie against the City or any officer, agent or employee of the City, to review or enjoin the enforcement of its determination or orders made pursuant to this Chapter, unless such legal action is commenced within thirty (30) days after the decision of the Planning Commission.
Section 7. Section 8.56.090 of the Long Beach Municipal Code is amended to read as follows:
8.56.090 – City removal-Authorized.
If any owner served with a notice to clean premises fails to remove the weeds and/or debris from the owner’s lot within the time stated in the notice, or order of the Planning Commission after appeal, the owner shall be deemed to have consented to such removal by the Building Official who shall thereupon be authorized, and it shall be the Building Official’s duty to enter upon the lot involved and clean the weeds and/or debris therefrom.
Section 8. Section 8.56.110 of the Long Beach Municipal Code is
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 amended to read as follows:
8.56.110 – City removal-Lot cleaning levy payment notice.
Upon computing the expenses, the Building Official shall serve upon the owners of all lots cleaned, as said owners are determined from the current assessment roll, and in the same manner as provided for service of the notice to clean premises, a notice to pay lot cleaning levy (sometimes referred to in chapter as notice to pay), which notice shall be in substantially the following form:
NOTICE TO PAY
LOT CLEANING LEVY
In accordance with the provisions of Chapter 8.56 of the Long Beach Municipal Code, the Building Official has caused the weeds and/or debris upon _______________ _______________________________________________________________________ (legal)
AKA _____________________________________________________________ (address)
to be cleaned either at City expense or the work was accomplished by that owner or others after the established deadline.
You are hereby notified that the total cost, including incidental enforcement costs and any prescribed penalties, of ______________________ are now due and payable to the City of Long Beach.
Section 8.56.120 of the Long Beach Municipal Code provides, in part, that the property owner or any interested person may demand a hearing within fifteen (15) days of this notice before the Planning Commission on the reasonableness of the charges.
Such demand shall be in writing, filed with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the appellant.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 If no hearing is demanded, this payment shall become delinquent thirty (30) days from this no-tice and a lien for said amount, plus a fee for preparation of the lien, shall be attached to the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred in the event that payment is not received before the end of the fiscal year (June 30) and transfer of collection to the City Treasurer becomes necessary.
Section 9. Section 8.56.120 of the Long Beach Municipal Code is amended to read as follows:
8.56.120 – Hearing on charges.
Within fifteen (15) days from the date of the notice to pay, the property owner, or any interested person, may demand a hearing as to the reasonableness of such charges.
Such demand shall be in writing and filed with the Building Official. It shall describe the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. The Building Official shall thereupon set a date for hearing such protest by the Planning Commission within a reasonable time. The Building Official shall send written notice of such hearing in the manner provided in Section 8.56.060. At the time set for such hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Planning Commission shall be final, and the Building Official shall give notice to the parties affected in the manner provided in Section 8.56.070.
Section 10. Section 8.56.130 of the Long Beach Municipal Code is amended to read as follows:
8.56.130 – Interest of charges.
If the amount of the charges are determined by the Planning Commission has not been paid within thirty (30) days of its decision, the payment shall thereupon become
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 delinquent and a lien against the real property and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded as to the reasonableness of the charges, the payment shall become delinquent and a lien against the real property thirty (30) days after the notice of the charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.
Section 11. Section 8.56.210 of the Long each Municipal Code is amended to read as follows:
8.56.210 – Civil penalty-City removal more than once.
If the Building Official finds that the City had previously removed weeds from the same property after notice to the same owner, the Building Official shall assess a civil penalty based on the following schedule when weeds are again removed by the City:
Civil penalty: for previous removal of weeds by the City once within the preceding five (5) years—fifty percent (50%) of the City's administrative cost for removal including processing fees; for previous removal by the City two (2) or more times within the preceding five (5) years—one hundred percent (100%) of the City's administrative cost for removal including processing fees.
The City will give notice of this civil penalty to all property owners when weed abatement procedures are instituted against their properties.
The imposition of this civil penalty may be appealed to the Planning Commission, as provided in Section 8.56.120.
The civil penalty constitutes a debt of the person charged to the City of Long Beach and is collectible by the City as an obligation or liability created by statute.
Section 12. Section 8.58.040 of the Long Beach Municipal Code is amended to read as follows:
8.58.040 – Notice-Form.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Whenever the Building Official finds on any lot graffiti which can be seen by any person using any public right-of-way, the Building Official shall cause a notice to remove graffiti to be given to the assessee of the lot as shown upon the current equalized assessment roll, and the assessee shall be deemed to be the agent of the owner and tenant for the purpose of receiving service of the notice. The notice shall be in substantially the following form:
NOTICE TO REMOVE GRAFFITI
To _____________________________________________________, as owner:
Pursuant to the provisions of Chapter 8.58 of the Long Beach Municipal Code, you are hereby notified to remove from ___________________________________________ _______________________________________________________________________ (Description of property)
AKA ____________________________________________________________ Address
all graffiti as defined in the Municipal Code, within seven (7) days from the date of this notice. If such graffiti is not removed within that time, the City will cause it to be removed and the charges for removal shall become a personal obligation and a lien upon your property.
If you intend to remove such graffiti yourself, you are required to obtain from the City a certificate stating that the graffiti has been satisfactorily removed; otherwise if the City is dissatisfied with the manner in which the work has been done, the graffiti will be further removed at your expense.
If you object to the removal of the graffiti from your premises you may appeal to the Planning Commission by filing a written notice of appeal in the office of the undersigned within five (5) days from the date of this notice. Failure to appeal shall be construed as your acceptance of the Building Official's determination and any and all
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 remedies provided by the Long Beach Municipal Code.
Dated: _________________________________
_____________________________________________________________________ Superintendent of Building and Safety
City of Long Beach
Section 13. Subsection 8.58.060.B of the Long Beach Municipal Code is amended to read as follows:
B. The notice of hearing shall be served at least ten (10) days before the hearing. Proof of service shall be made by declaration filed with the Planning Commission.
Section 14. Section 8.58.070 of the Long Beach Municipal Code is amended to read as follows:
8.58.070 Appeal-Hearing-Procedure.
A. At the time stated in the notice, the Planning Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed removal of the graffiti. The hearing may be continued without further notice.
B. Upon conclusion of the hearing, the Planning Commission shall determine whether the premises, as maintained, constitutes a public nuisance as defined in this Chapter. If the Planning Commission finds that such public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed seven (7) days, within which removal shall take place; and in the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 be abated and the cost incurred by the City shall become a personal obligation of the owner and tenant and a lien on the property.
C. A copy of the Planning Commission's determination shall be served by mail upon the owner of the affected premises. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage fully prepaid.
D. No legal proceeding or action shall lie against the City or any officer, agent or employee of the City to enjoin the enforcement of its determination or orders made pursuant to this Chapter, unless such legal action is commenced within thirty (30) days after the decision of the Planning Commission
Section 15. Section 8.58.090 of the Long Beach Municipal Code is amended to read as follows:
8.58.090 – City removal-Authorized.
If any owner served with a notice fails to remove the graffiti from his lot within the time stated in the notice, or order of the Planning Commission after appeal, the owner shall be deemed to have consented to such removal by the Building Official who shall thereupon be authorized, to enter upon the lot involved and remove the graffiti.
Section 16. Section 8.58.110 of the Long Beach Municipal Code is amended to read as follows:
8.58.110 – City removal-Graffiti abatement levy payment notice.
Upon computing the expenses, the Building Official shall serve upon the owners of all lots where graffiti was removed, as the owners are determined from the current assessment roll, a notice to pay the graffiti abatement levy which notice shall be in substantially the following form:
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
NOTICE TO PAY GRAFFITI
ABATEMENT LEVY
In accordance with the provisions of Chapter 8.58 of the Long Beach Municipal Code, the Building Official has caused the graffiti upon __________________________ ______________________________________________________________________ (legal)
AKA_____________________________________________________________ (address)
to be removed at city expense.
You are hereby notified that the total cost of ______________________________ is now due and payable to the City of Long Beach.
Section 8.58.120 of the Long Beach Municipal Code provides in part, that the property owner, tenant or any other interested person may demand a hearing within fifteen (15) days of this notice before the Planning Commission on the reasonableness of the charges. Such demand shall be in writing, filed with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the appellant.
If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice and if the amount due is not otherwise collected, a lien for this amount, plus a fee for preparation of the lien and any civil penalty shall be attached on the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred in the event that payment is not received before the end of the fiscal year (June 30) and transfer for collection to the City Treasurer becomes necessary.
Section 17. Section 8.58.120 of the Long Beach Municipal Code is amended to read as follows:
8.58.120 – Hearing on charges.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Within fifteen (15) days from the date of the notice to pay, the property owner, tenant or any other interested person, may demand a hearing as to the reasonableness of such charges. Such demand shall be in writing and filed with the Building Official. It shall describe the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. The Building Official shall thereupon set a date for hearing such protest by the Planning Commission within a reasonable time. The Building Official shall send written notice of such hearing in the manner provided in Section 8.58.060. At the time set for such hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Planning Commission shall be final, and the Building Official shall give notice to the parties affected in the manner provided in Section 8.58.070.
Section 18. Section 8.58.130 of the Long Beach Municipal Code is amended to read as follows:
8.58.130 – Interest of charges.
If the amount of the charges as determined by the Planning Commission has not been paid within thirty (30) days of its decision, the payment shall thereupon become delinquent and if the amount due is not otherwise collected, a lien against the real property, and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded as to the reasonableness of the charges, the payment shall become delinquent and if the amount due is not otherwise collected, a lien against the real property thirty (30) days after the notice of charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.
Section 19. Section 8.58.200 of the Long Beach Municipal Code is amended to read as follows:
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
8.58.200 – Civil penalty-City removal more than once.
If the Building Official finds that the City had previously removed graffiti from the same property after notice to the same owner, the Building Official shall assess a civil penalty based on the following schedule when graffiti is again removed by the City:
Civil penalty: For previous removal of graffiti by the City once within the preceding five (5) years - fifty percent (50%) of the City's total cost for removal including processing fees; for previous removal by the City two (2) or more times within the preceding five (5) years - one hundred percent (100%) of the City's total cost for removal including processing fees.
The City will give notice of this civil penalty to all property owners when graffiti abatement procedures are instituted against their properties.
The imposition of this civil penalty may be appealed to the Planning Commission, as provided in Section 8.58.120.
The civil penalty constitutes a debt of the person charged to the City and is collectible by the City as an obligation or liability created by statute.
Section 20. Section 8.76.030 of the Long Beach Municipal Code is amended to read as follows:
8.76.030 – Abatement-Hearing-Notice-Form.
If the owner fails to comply with the notice of the appropriate City official to abate the subject nuisance within the time specified in the notice to abate, the City official shall apply to the Planning Commission for a hearing and a finding of a nuisance. Notice of such a hearing shall be substantially in the following form:
NOTICE OF HEARING TO
DETERMINE EXISTENCE OF
PUBLIC NUISANCE AND TO
ABATE IN WHOLE OR IN PART
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
NOTICE IS HEREBY GIVEN that on the _____day of ______________, 20____, at the hour of ______________m., the Planning Commission of the City of Long Beach will hold a public hearing in the Council Chambers of the Long Beach City Hall, located at 411 West Ocean Boulevard, Long Beach, California, to ascertain whether certain premises situated in the City of Long Beach, State of California, known and designated as ____________________________________, constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 8.76.010 of the Long Beach Municipal Code, and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, and the costs of rehabilitation, repair or demolition plus incidental enforcement costs will be assessed upon such premises and such costs will constitute a lien upon such land until paid.
Said alleged violations consist of the following: ___________________________.
Said methods of abatement available are: _______________________________.
All persons having any objection to or interest in said matters are hereby notified to attend a meeting of the Planning Commission of the City of Long Beach to be held on the ______ day of _________________, 20___, at the hour of _________ m., when their testimony and evidence will be heard and given due consideration.
Dated this _____ day of ___________________, 20___.
_____________________________________________
(City Official)
Section 21. Subsection 8.76.040.B of the Long Beach Municipal Code is amended to read as follows:
B. The notice of hearing shall be served, as aforesaid, at least
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 ten (10) days before the time fixed for the hearing. Proof of service of the notice shall be made by declaration filed with the Planning Commission.
Section 22. Section 8.76.050 of the Long Beach Municipal Code is amended to read as follows:
8.76.050 – Abatement-Hearing-Procedure.
At the time stated in the notice, the Planning Commission shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to the alleged public nuisance and to propose correction, repair or demolition of the premises. The hearing may be continued without further notice from time to time.
Section 23. Subsection 8.76.060.A of the Long Beach Municipal Code is amended to read as follows:
A. Upon conclusion of the hearing, the Planning Commission shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter. If the Planning Commission finds that such public nuisance does exist, they shall determine how the nuisance is to be abated and shall establish a time within which correction, repair, demolition or removal shall take place; and in the event of the owner's failure to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated and the cost incurred in behalf of the City to become a lien on the property, in accordance with Title 18 of this Code. A copy of the determination shall be served by mail upon the owner of each of the affected premises.
Section 24. Section 8.76.070 of the Long Beach Municipal Code is amended to read as follows:
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
8.76.070 – Abatement-Appeal-Contents.
Any owner may appeal to the City Council from the determination of the Planning Commission by filing with the City Clerk within ten (10) days from the date of service of such decision or report, a written appeal containing the following, along with a fee as prescribed by Councilmanic resolution:
A. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved;
B. A statement in ordinary and concise language of the finding or action protested, together with any material facts supporting the contentions of the appellant;
C. The signatures of all parties named as appellants, and their official mailing addresses;
D. The verification, under penalty of perjury, of at least one (1) appellant as to the truth of the matters stated in the appeal.
Section 25. Section 8.76.090 of the Long Beach Municipal Code is amended to read as follows:
8.76.090 – Abatement-Appeal-Decision.
A. Upon the conclusion of the hearing on the appeal, the City Council shall either terminate the proceedings and overrule the findings of the Planning Commission, confirm the determination of the Planning Commission, or modify the determination, based upon evidence received at the hearing. If the Council takes any action other than to terminate the proceedings, it shall declare the premises to be a public nuisance shall order the abatement of the same within a specified time by having such premises, buildings or structures corrected, repaired, demolished or removed. The decision of the City Council shall be served on the appellant by the City Clerk and shall be final and conclusive.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 B. No legal proceeding or action shall lie against the City nor against the Council, nor the Planning Commission, nor any member of either thereof, nor against any officer, agent or employee of the City, to review or enjoin the enforcement of its determination or orders made pursuant to this Chapter or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such legal action is commenced within thirty (30) days after the decision of the Council.
Section 26. Section 8.76.101 of the Long Beach Municipal Code is amended to read as follows:
8.76.101 – Owner’s responsibility for enforcement costs.
If the nuisance is not completely abated by the owner as directed within the time frame established by the City Manager, or the City Manager’s designated agent, or as said time frame may be modified on appeal to the Planning Commission or City Council, all incidental enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of such structure or premises, except as provided below, as well as a lien upon the affected property whether or not the work is performed later by the City, by the owner, or by others. "Incidental enforcement costs" include, but are not limited to, the actual expenses and costs of the City in investigating the nuisance, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).
Section 27. Section 8.76.110 of the Long Beach Municipal Code is amended to read as follows:
8.76.110 – Abatement by City-Notice.
If the nuisance is not completely abated by the owner within the designated abatement period, the City Manager or such other City official as may be designated by
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 the City Manager shall serve notice on the owner of the affected premises by certified mail at the owner’s last known address as it appears on the last equalized assessment roll a notice of intent to abate nuisance which shall be substantially in the following form:
NOTICE OF INTENT TO
ABATE NUISANCE
NOTICE IS HEREBY GIVEN that an inspection made of the premises or property known and designated as ____________________ was made on the ________ day of ____________________, 20___, and a determination made that the order to abate the nuisance at said premises or property by the Planning Commission or Long Beach City Council on _______________________ had not been complied with. Abatement of said nuisance will be accomplished by either City forces or private contractor in accordance with the specifications attached hereto and costs of such abatement will constitute a lien upon said property until paid. Notice is hereby given that said abatement will be undertaken ten (10) days after the date of this notice, and you are herewith notified to remove from the area of your affected premises those articles you deem of value within said ten-day period of time. Articles removed from the premises in the accomplishment of said abatement will be held in storage for a period of thirty (30) days at (location) ________________________________ and a claim for articles removed may be made within said thirty (30)-day period. Articles not claimed and removed from the storage location within said thirty-day period will be discarded or will be sold if determined to have value.
A statement of costs incurred in the abatement with charges to be assessed will be mailed to you after completion.
Section 28. Section 8.76.130 of the Long Beach Municipal Code is amended to read as follows:
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
8.76.130 – Abatement by City-Charges-Hearing.
A. Within thirty (30) days from the date of service of the notice of charges for abatement, the property owner, or any interested person, may demand a hearing before the Planning Commission as to the reasonableness of the charges. Such demand shall be in writing and filed with the Building Official. Such demand shall be presented by the Building Official to the Planning Commission at its next regular meeting. The Planning Commission shall thereupon set a date for hearing the protest which shall be not less than ten (10) nor more than forty-five (45) days thereafter. The Building Official shall give written notice of the hearing to the address furnished in the demand for hearing. At the time set for the hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of the charges and shall then either confirm or modify the charges. The decision of the Planning Commission thereon shall be final.
B. If the amount of the charges as determined by the Planning Commission has not been paid within sixty (60) days after the date of the hearing, the payment thereof shall thereupon become delinquent and such amount so determined shall thereafter bear interest at the rate of twelve percent (12%) until paid or until filed with the Tax Collector as provided in this Chapter. If no hearing is demanded as to the reasonableness of the charges, the payment thereafter shall become delinquent at the expiration of the time for filing of a demand for a hearing thereon.
Section 29. Subsection 8.76.210.A of the Long Beach Municipal Code is amended to read as follows:
A. The owner of any building, premises or vehicle who maintains any public nuisance thereon, as defined in this Chapter, or who violates any order of abatement issued by the Planning Commission or the City Council
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 is guilty of a misdemeanor; provided that any violation of Subsections
8.76.010.G, Q, R, and T shall be deemed an infraction.
Section 30. Subsection 8.76.210.D of the Long Beach Municipal Code is amended to read as follows:
D. No person shall obstruct, impede or interfere with any representative of a City department or the Planning Commission, or with any person who owns or holds any estate or interest in a building or premises which has been ordered to be vacated, repaired, rehabilitated, or demolished, whenever any such representative of the City or the Planning Commission, or any person having any interest or estate in such building or premises, is engaged, pursuant to the provisions of this Chapter, in enforcing any such order of abatement.
Section 31. Section 8.76.215 of the Long Beach Municipal Code is amended to read as follows:
8.76.215 – Civil penalty-City abatement more than once.
If the Building Official finds that the City had previously abated a building or premises on the same property after notice to the same owner, the Building Official shall access a civil penalty based on the following schedule abatement again occurred by the City:
Civil penalty: for previous abatement by the City once within the preceding five (5) years: fifty percent (50%) of the City's administrative cost for abatement including processing fees; for previous abatement by the City two (2) or more times within the preceding five (5) years: one hundred percent (100%) of the City's administrative costs for abatement including processing fees.
The City will give notice of this civil penalty to all property owners when abatement procedures are instituted against their properties pursuant to this Chapter.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 The imposition of this civil penalty may be appealed to the Planning Commission in the same manner as provided in Section 8.56.120.
The civil penalty constitutes a debt of the person charged to the City and is collectable by the City as an obligation or liability created by statute.
Section 32. Section 10.46.090 of the Long Beach Municipal Code is amended to read as follows:
10.46.090 – Removal-Hearing.
A. Upon a timely request by the owner of the vehicle or owner of the land, a public hearing shall be held by the Planning Commission on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. The designated official shall mail a notice of the hearing by certified mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. If such a request for hearing is not received within said ten (10) days after the date of mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove or cause the removal of the vehicle or parts thereof as a public nuisance without holding a public hearing.
C. All hearings under this Chapter shall be held before the Planning Commission which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The Planning Commission shall not be limited by the technical rules of evidence. The owner of the land and the owner of the vehicle may appear in person at the hearing or submit a sworn
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 written statement in time for consideration at the hearing on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle.
D. The Planning Commission may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Planning Commission may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this Chapter. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available, at the site. The decision of the Planning Commission shall be final.
E. If the owner of the land or the vehicle does not appear at the hearing, or if an interested party makes a written presentation to the Planning Commission but does not appear, the owner shall be notified in writing of the decision.
Section 33. Section 10.46.120 of the Long Beach Municipal Code is amended to read as follows:
10.46.120 – City removal-Authorized.
If any owner served with a notice to remove a vehicle fails to remove the vehicle from the owner’s lot within the time stated in the notice, or order of the Planning Commission after appeal, the owner shall be deemed to have consented to such removal by the Building Official who shall then be authorized, and it shall be the Building Official’s duty, to enter upon the lot involved and remove the vehicle.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
Section 34. Section 10.46.121 of the Long Beach Municipal Code is amended to read as follows:
10.46.121 – Owner’s responsibility for enforcement costs.
If any owner served with a notice to remove a vehicle fails to remove the vehicle from his lot within the time stated in the notice, or order of the Planning Commission after appeal, all incidental enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of the land as well as a lien upon the affected property whether or not the vehicle is later removed by the City, the owner or by others, except as provided below. “Incidental enforcement costs” include, but are not limited to, the actual expenses and costs of the City in investigating the property, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).
Section 35. Section 10.46.140 of the Long Beach Municipal Code is amended to read as follows:
10.46.140 – City removal of vehicle-Payment notice.
Upon computing the expenses, the Building Official shall serve upon the owner of the property, as determined from the current assessment roll, and in the same manner as provided for service of the notice to remove vehicle, a notice to pay vehicle removal levy (sometimes referred to in this Chapter as notice to pay), which notice shall be in substantially the following form:
NOTICE TO PAY VEHICLE REMOVAL
LEVY
In accordance with the provisions of Chapter 10.46 of the Long Beach Municipal
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Code, the Building Official has caused the abandoned, wrecked, dismantled or inoperative vehicle registered to ______________________ and having license number ______________________ located on property at ______________________________
______________________________________________________________________ (legal)
AKA _____________________________________________________________ (address)
To be removed at City expense.
You are notified that the total costs of ___________________________________ are now due and payable to the City of Long Beach.
Section 10.46.150 of the Long Beach Municipal Code provides, in part, that the property owner or any person having an interest in the matter may demand a hearing within fifteen (15) days of this notice before the Planning Commission on the reasonableness of the charges. Such demand shall be in writing, filed with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the applicant.
If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice and a lien for that amount, plus a fee for preparation of the lien shall be attached to the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred if that payment is not received before the end of the fiscal year (June 30th) and transfer of collection to the Tax Collector becomes necessary.
Section 36. Section 10.46.150 of the Long Beach Municipal Code is amended to read as follows:
10.46.150 – Hearing on charges.
A. Within fifteen (15) days from the date of the notice to pay, the
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 property owner, or any person having an interest in the matter may demand a hearing on the reasonableness of such charges. The demand shall be in writing and filed with the Building Official. It shall describe the property involved, the reasons for objecting, and the address of the applicant for service of notices in connection with such hearing.
B. The Building Official shall set a date for hearing such protest by the Planning Commission within a reasonable time. The Building Official shall send written notice of such hearing to the person whose name appears on the current equalized assessment roll as the owner of the premises involved. Such service may be made either by personal delivery of the notice or by depositing it in the United States mail, postage prepaid, as certified, first class mail, return receipt requested, addressed to the owner at the most recent address appearing on the assessment roll, or if no address appears on the roll, as the owner of the premises involved. Such service may be made by posting the notice in a conspicuous place upon the property. Proof of the service of the notice shall be made by affidavit of the person making the service, and the affidavit shall be sufficient for all purposes.
C. At the time set for such hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Planning Commission shall be final.
D. A copy of the Planning Commission’s determination shall be served by mail upon the owner of the affected premises. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage fully prepaid.
Section 37. Section 10.46.160 of the Long Beach Municipal Code is
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 amended to read as follows:
10.46.160 – Interest on charges.
If the amount of the charges as determined by the Planning Commission has not been paid within thirty (30) days of its decision, the payment shall become delinquent and a lien against the real property, and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded on the reasonableness of the charges, the payment shall become delinquent and a lien against the real property thirty (30) days after the notice of the charge for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.
Section 38. Section 18.03.040 of the Long Beach Municipal Code is amended to read as follows:
18.03.040 – Liability.
The Building Official, members of the Planning Commission or employees charged with enforcement of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State, while acting for the City in good faith and without malice in the discharge of the duties required by this title or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against the Building Official, officer, plans examiner, inspector or other employee because of an act performed by the Building Official, officer, plans examiner, inspector or other employee in the lawful discharge of duties and under the provisions of this title shall be defended by legal representative of the City until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provision of this title.
This title shall not be construed to relieve from or lessen the responsibility of any
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 person, firm or corporation owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the enforcing agency or the City be held as assuming any such liability by reason of the plans examinations or inspections authorized by this title or any permits or certificates issued under this title.
Section 39. Subsection 18.06.080.B of the Long Beach Municipal Code is amended to read as follows:
B. When a permit is required. Whenever a permit is required to abate a substandard or dangerous condition as ordered by the Building Official, the responsible party must apply for the permit and pay the permit fee in addition to any code enforcement fees. If the abatement order of the Building Official is reversed on appeal to the Planning Commission, or by appeal to City Council, neither the code enforcement fee nor any directly corresponding permit fee shall be required.
Section 40. Section 18.06.100 of the Long Beach Municipal Code is amended to read as follows:
18.06.100 - Appeal Fees.
A fee as set forth in the schedule of fees and charges established by City Council resolution shall be charged to a person appealing to the Planning Commission pursuant to Chapter 18.10.
EXCEPTION: For appeal involving condemnations and from corrective notices as provided for in this title, there shall be no required fee.
Section 41. Chapter 18.10 of the Long Beach Municipal Code is amended and restated to read as follows:
CHAPTER 18.10
HEARING BODY FOR APPEALS
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
18.10.010 – General Regulations.
The provisions of Chapter 2.18 provide uniform general regulations applicable to advisory boards, commissions and committees of the City for the performance of various prescribed duties and functions. In the event any provision of Chapter 2.18 conflicts with a specific provision of this Title, such specific provision of this Title shall control.
18.10.020 – Hearing Body.
A. General. The Planning Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the following:
1. Application and interpretation of this Title, Municipal Code or other ordinances of the City, or laws and statues of the State as designated;
2. Correction of substandard, nonconforming or
dangerous buildings or structures; or
3. Abatement of nuisance.
B. Duties of the Hearing Body. The Planning Commission shall conduct hearings on written appeals regarding any orders, decisions or determinations made by the Building Official as specified in Subsection
18.10.020.A. In the appeal, the Planning Commission may approve or disapprove the actions taken by the Building Official subject to the limitation of Section 18.10.040.
C. Procedure. The Planning Commission shall adopt reasonable rules and regulations for conducting its investigations and hearings, including those provisions provided for in Chapters 18.20, 18.21, 18.24,
18.25, 18.29, 18.30 and 18.60 where appropriate and where not specifically provided otherwise by such rules, Robert’s Rules of Order shall govern. All
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 decisions and findings of the Planning Commission made pursuant to this Chapter, shall be in writing and shall be filed with the Secretary with copies to the interested parties. All decisions made pursuant to this Chapter shall be entered upon the minutes of the meetings of the Planning Commission, and the Building Official shall be guided in accordance therewith. All decisions of the Planning Commission made pursuant to this Chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.
D. Filing requirement. Any person aggrieved by any orders, decision or determination made by the Building Official as specified in Subsection 18.10.020.A may appeal to the Planning Commission within thirty calendar (30) days from the date of such actions by serving a written notice upon the Building Official. A written notice shall be submitted together with a fee as set forth in Section 18.06.100. Such written notice shall state that the applicant is dissatisfied with an order, decision or determination made by the Building Official and shall describe the nature of the complaint. Such appellant shall pay the cost of all tests made or ordered by the Planning Commission. Such notice shall be at once transmitted to the Planning Commission, and the Planning Commission shall thereafter fix a time and place for a hearing, at which time all persons interested in the appeal shall be heard. The Department shall give the appellant at least ten (10) days notice of hearing or as required in Chapters 18.20, 18.21, 18.24,
18.25, 18.29, 18.30 and 18.60, where appropriate.
18.10.030 – Advisory capacity.
The Planning Commission, upon request of the Building Official, may be called together in an advisory capacity in order to assist the Building Official.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
18.10.040 – Limitations on Authority.
A Notice of appeal shall be based on one of the following:
1. A claim that the true intent of the provisions of this Title, Municipal Code or other ordinances of the City, laws or statutes of the State, or the rules legally adopted thereunder has been incorrectly interpreted.
2. A claim that the provisions of this Title, Municipal Code or other ordinances of the City, or laws or statutes of the State do not fully apply; or
3. A claim that an equivalent or better form of construction is/was proposed.
The Planning Commission shall not have the authority to waive the provisions or interpret the administration of this Title, Municipal Code or other ordinances of the City, laws and statutes of the State, or the rules legally adopted thereunder.
18.10.050 – Compensation.
Each member of the Planning Commission shall be paid by the City, as compensation for the member’s services, such sum as may, from time to time, be provided by ordinance. Such compensation shall in no way void a Planning Commission member's eligibility for obtaining any City work in the course of the member’s private practice or business.
Section 42. Subsection 18.20.090.A of the Long Beach Municipal Code is amended to read as follows:
A. The Building Official, the Building Official’s designee, and the members of the Planning Commission shall have the right of reasonable inspection of any building for the purpose of determining the condition thereof. No person shall refuse or interfere with such inspection by any
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 such official.
Section 43. Section 18.20.120 of the Long Beach Municipal Code is amended to read as follows:
18.20.120 – Inspection of buildings-Report.
If the building is not demolished, the substandard conditions not corrected, or the nuisance not otherwise abated on or before the expiration of the time specified in the posted notice, the Building Official shall cause such building to be thoroughly inspected and shall make a written report or record of the official’s findings with respect thereto. The report shall be maintained by the Department. A hearing before the Planning Commission shall be conducted only upon timely filing of an appeal by the owner or other interested party, in accordance with this chapter.
Section 44. Section 18.20.130 of the Long Beach Municipal Code is amended to read as follows:
18.20.130 – Appeal to Planning Commission.
A. Any owner or other interested party may appeal a
determination by the Building Official that a building or structure is substandard or constitutes a public nuisance by filing a written appeal with the Building Official within thirty (30) days after service of the notice of determination. An appeal filed pursuant to this section shall be in writing and shall identify the subject property, the appellant and the nature of the appellant's interest, state that the determination is being appealed, provide the basis for the appeal, and provide an address for service of notices related to the appeal. A timely appeal shall not be deemed invalid for failure to include technical or legal argument and may be supplemented prior to or at the hearing.
B. Upon the timely filing of an appeal by the owner or other interested party, the Planning Commission shall conduct a hearing for the
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 purpose of reviewing the findings of the Building Official. The Planning Commission may conduct an independent investigation into the facts of such matter and the members thereof, or their authorized representatives, may inspect any building or structure involved therein.
C. Upon receipt of a timely appeal, notice of the time and place of the hearing shall be given by the Department to the appellant and any other persons entitled to notice under this chapter. The notice must be served at least ten (10) days prior to the date fixed for such hearing.
D. Any person claiming an interest in the building which is the subject of the hearing may appear before the Planning Commission and object to the determination of the Building Official. The Planning Commission shall take such evidence as may be necessary to determine whether the building or structure is substandard or is a public nuisance.
Upon or after the conclusion of the hearing, the Planning Commission shall determine whether the building or structure is substandard or a nuisance and what alterations or repairs, if any, could be made in order to correct the substandard conditions or to abate the nuisance, or whether the total demolition thereof is required. The Planning Commission may establish a time not to exceed sixty (60) days of the Planning Commission’s decision, within which such repairs, alterations, or demolition shall be completed, unless the Planning Commission makes a determination that the sixty (60) day timeframe would result in a substantial hardship to the owner; upon such a determination, the Planning Commission may grant a time not to exceed one hundred twenty (120) days within which such repairs, alterations, or demolitions shall be completed.
E. Following the hearing, the Planning Commission shall make written findings of its determination. The Department shall cause a copy of those findings to be served upon the appellant by first class mail, certified
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 mail, personal service, or other equivalent process. The time for completion of repairs or alterations, or the demolition of the building or structure, shall commence to run on the date such findings are caused to be sent to the appellant, whether personally delivered, posted, mailed, or other equivalent process. Simultaneously with service of such written findings, a copy of the findings shall be filed in the office of the Building Official.
F. The decision of the Planning Commission shall be final and conclusive.
G. The timely filing of an appeal pursuant to this section shall stay the time period for commencement or completion of repairs or abatement set forth in the notice of determination issued by the Building Official. Upon issuance of a decision by the Planning Commission, the time period for compliance shall be established by the Planning Commission pursuant to subsection (D) of this section, and shall supersede any prior compliance deadline.
Section 45. Section 18.20.150 of the Long Beach Municipal Code is amended to read as follows:
18.20.150 – Demolition or repairs by City-Expense liability.
A. Within the limitations of the budget, the Building Official may cause any building, structure, or part thereof to be demolished, altered or repaired, at City expense. This authority applies where the building, structure, or part thereof has not been demolished, altered, or repaired within the time established by the Building Official, or, if applicable, within the time established by the Planning Commission following an appeal.
All expenses incurred by the Building Official on behalf of the City in connection with such work, including the applicable processing costs as set forth in the schedule of fees and charges established by City Council resolution and
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 incidental enforcement costs shall become an indebtedness of the owner of the building or structure. A lien shall attach to the parcel of real property upon which the building is located and shall remain until either:
1. Payment is in full costs of correction or abatement, fees, and accrued interest and penalties, if any, has been made; or
2. The order requiring correction of substandard
conditions or abatement is reversed by a final judgment of a court of competent jurisdiction.
B. Any person having the legal right to do so may repair or demolish a substandard building prior to such action by the City, but if the work is performed after the deadline established by the Planning Commission, the appropriate processing and other costs incurred by the City in preparing to do the work and all incidental enforcement costs are chargeable to the property.
Section 46. Subsection 18.20.180.B of the Long Beach Municipal Code is amended to read as follows:
B. If the substandard conditions have not been corrected or the nuisance abated by the owner within the time frame established by the Building Official, as such time frame may be extended by the Building Official or modified on appeal to the Planning Commission, all enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of such property, except as provided below, whether or not the work is later performed by the City, by the owner, or by others. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is the head of a low- income household (defined to be a household earning less than eighty percent of the county median income).
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802
Section 47. Section 18.20.200 of the Long Beach Municipal Code is amended to read as follows:
18.20.200 – Hearing on reasonableness of enforcement costs.
Within thirty (30) days from the date of service of a notice of enforcement costs, the property owner, or any other interested person, may file a written request for a hearing to contest the reasonableness of the enforcement costs incurred by the City. The request shall identify the subject property, state the basis for the objection, and provide an address for service of notices related to the hearing.
Upon receipt of a timely request, the matter shall be set for hearing before the Planning Commission for hearing at its next regularly held meeting that is not less than ten (10) days thereafter. Notice of the hearing shall be provided in the manner specified in this chapter.
The scope of the hearing shall be limited to the reasonableness of the enforcement costs and shall not include review of any fees, fines, penalties, or the underlying determination of substandard conditions or nuisance.
At the time set for such hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the enforcement costs. The decision of the Planning Commission thereon shall be final.
Section 48. Section 18.20.210 of the Long Beach Municipal Code is amended to read as follows:
18.20.210 – Interest on charges.
If the amount of the enforcement costs, as determined by the Planning Commission has not been paid within thirty (30) days after the date of hearing, the payment thereof shall thereupon become delinquent and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) until paid, as determined by the tax collector. If no hearing is demanded as to the reasonableness of the enforcement
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 costs, the payment thereafter shall become delinquent sixty (60) days after notice of the charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) until paid, as determined by the tax collector.
Section 49. Subsection 18.21.040.J of the Long Beach Municipal Code is amended to read as follows:
J. Hearing on charges. Within thirty (30) days from the date that the property owner is mailed a notice regarding the imposition of either monthly monitoring fees or code enforcement response fees or charges, the property owner may demand a hearing as to the reasonableness of the fees or charges imposed. Such demand shall be in writing and presented to the Director of Community Development for the City of Long Beach. Said demand shall describe the property involved, state the reasons for objecting, and include an address of the property owner for service of notice in connection with such hearing. Such demand shall be presented by the City to the Planning Commission for hearing at its next regularly scheduled meeting that is not less than ten (10) and not more than forty-five (45) days thereafter. The Director of Community Development shall give written notice of such hearing to the address furnished by the property owner in the demand for an appeal hearing. At the time set for such hearing, the Planning Commission shall hear all evidence pertinent to the reasonableness of such fees and charges and shall either confirm or modify the charges. The decision of the Planning Commission shall be final. If the amount of the charges is uncontested by the property owner or as set by the Planning Commission on appeal, has not been paid within thirty (30) days after imposition or appeal hearing whichever is later, the payment thereof shall thereupon become delinquent and the amount so imposed or
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid, as determined by the tax collector.
Section 50. Subsection 18.21.050.B of the Long Beach Municipal Code is amended to read as follows:
B. Procedure.
1. The administrative penalty shall be imposed by the
Planning Commission upon the recommendation of the Building Official or designee and after the owner shall have been afforded a hearing before the Planning Commission. The hearing shall be conducted in accord with the provisions of Chapter 18.10 and Chapter 18.20. In setting the penalty, the Planning Commission shall consider the severity of the blighting conditions on the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the Planning Commission shall be final.
2. The administrative penalty shall be due and payable
within thirty (30) days after the decision of the Planning Commission. If the penalty is not paid within forty-five (45) days after the decision of the Planning Commission, the penalty shall become a personal indebtedness or obligation of the property owner or it may be specially assessed against the property involved. If the property is specially assessed said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
3. The City may also cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed, a description of the real property subject to the lien, and the amount of the penalty or costs assessed against the property.
Section 51. Subsection 18.29.080.D.c of the Long Beach Municipal Code is amended to read as follows:
c. Such demand shall be presented by the City to
the Planning Commission for hearings at its next regularly scheduled meeting that is not less than thirty (30) days from the date of the demand.
Section 52. Subsection 18.29.080.D.e of the Long Beach Municipal Code is amended to read as follows:
e. At the time set for such hearing, the Planning
Commission shall hear all evidence pertinent to the applicability of the fee and shall either confirm or deny the imposition of the fee. The decision of the Planning Commission shall be final.
Section 53. Subsection 18.30.070.C of the Long Beach Municipal Code is amended to read as follows:
C. The hearing will proceed before the Planning Commission in accordance with the procedure set forth in Section 18.30.080.
Section 54. Section 18.30.080 of the Long Beach Municipal Code is amended to read as follows:
18.30.080 – Hearing procedure.
A. No hearing to appeal a late penalty shall be held unless and until a request for hearing form has been completed and submitted, and the
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 deposit has been paid consistent with the requirements of Section
18.30.070.
B. A hearing shall occur before the Planning Commission at its next regularly scheduled meeting that is not less than thirty (30) days from the date the request for hearing is completed and submitted in accordance with the provisions of this Chapter. The cited party requesting the hearing shall be notified in writing of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing.
C. The Planning Commission shall only consider evidence that is relevant to whether the late payment penalty is proper. Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the Planning Commission determines that such evidence is reliable.
Admission of evidence and the conduct of the hearing shall be controlled by the Planning Commission in accordance with the fundamentals of due process. The Planning Commission may set reasonable limits on the length of the hearing, and shall allow the appellant at least as much time to present his/her case as is allowed to the City.
D. The failure of the appellant to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
E. Any documents prepared by the City in connection with the late payment penalty assessed may be submitted and shall constitute prima facie evidence of the respective facts contained in those documents.
F. The Planning Commission may continue the hearing or
request additional information from the enforcement officer, the enforcement officer’s designee or the appellant prior to issuing a written decision.
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Section 55. Section 18.30.090 of the Long Beach Municipal Code is amended to read as follows:
18.30.090 – Planning Commission’s decision.
A. After considering all of the testimony and evidence submitted at the hearing, the Planning Commission shall issue a written decision within fifteen (15) business days of the hearing. The decision of the Planning Commission shall be final.
B. If the Planning Commission denies the appeal, then the deposit shall be retained by the City.
C. If the Planning Commission grants the appeal, then the City shall refund the deposit within thirty (30) business days from the date of the final written decision.
D. The appellant and City shall each be served with a copy of the Planning Commission's written decision.
Section 56. Section 18.40.790 of the Long Beach Municipal Code is amended to read as follows:
18.40.790 – Amend CBC Section G106.1-Flood hazard general variance.
Section G106.1 of the California Building Code is amended to read as follows:
G106.1 General. The Planning Commission is the established hearing body pursuant to Chapter 18.10 of the Long Beach Municipal Code and shall hear and decide requests for variances. The Planning Commission of appeals shall base its determination on technical justifications and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this appendix and Section 1612.
Any person aggrieved by the decision of the Planning Commission may, within ten (10) days from the date the aggrieved party is notified in writing of the decision, appeal such decision to the City Council by filing a written notice thereof with the City Clerk. The
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 City Council's decision shall be reduced to writing and shall be served by mail on the aggrieved party within ten (10) days after all evidence has been received by the City Council. Upon consideration of the factors of Section G106.6 and the purposes of this appendix, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this appendix. The decision of the City Council shall be final.
Section 57. Subsection 18.60.070.B of the Long Beach Municipal Code is amended to read as follows:
B. Upon the notice there shall also appear the following:
"Any property owner within a radius of three hundred (300) feet of the relocation site may file a written protest with the Building Official within seven (7) days of the date of the signing and dating of this notice by the Building Official. In the event of such protest, the Planning Commission will set a date at which time they will hold a hearing and either approve the moving of the building or structure, or sustain the protest."
Section 58. Section 18.60.080 of the Long Beach Municipal Code is amended to read as follows:
18.60.080 – Notice of decision to grant or deny permit.
If, after making the examination, the Building Official determines, in accordance with the standards set forth in this chapter, that the application for permit should be denied or should be granted under certain specified conditions, the Building Official shall notify the applicant of the official’s decision by letter, postage prepaid, addressed as shown on the application for permit. If such application is to be granted under certain conditions, such conditions shall specifically be set forth in such notice. The decision of the Building Official shall be final and conclusive, and such notice shall so state, unless within seven (7) days after the mailing of such notice, the applicant has filed with the Building Official a written appeal from that official's decision, specifying the grounds of
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 such appeal. Any such appeal shall be heard by the Planning Commission as provided hereinafter.
Section 59. Section 18.60.090 of the Long Beach Municipal Code is amended to read as follows:
18.60.090 – Written protests against moving-Hearing.
Any property owner within a radius of three hundred (300) feet of the relocation site may file a written protest with the Building Official within seven (7) days of the date of the posting of the moving notice. In the event of such protest, the Planning Commission will set a date at which time they will hold a hearing and either approve the moving of the building or structure, or sustain the protest.
Section 60. Section 18.60.100 of the Long Beach Municipal Code is amended to read as follows:
18.60.100 – Public hearing on protests-Notice.
If any written protests against the proposed building or structure moving work are filed with the Building Official, and such protests are postmarked on or before the expiration of the seven (7) day posting period, or if the applicant has theretofore filed an appeal from the decision of the Building Official as hereinabove provided, the Building Official shall, within three (3) days following the expiration of the above seven (7) day posting period, present the protest or appeal by the applicant to the Planning Commission at its next regular meeting. The Planning Commission shall set a time for public hearing on such protest, or on such appeal, which time of hearing shall be not less than ten (10) nor more than thirty (30) days from the time the Planning Commission received the protest or appeal. When the time for public hearing has been so set, the Building Official shall mail a notice thereof, postage prepaid, to each person having filed a written protest, at the address, if any, specified thereon. The Building Official shall, in all cases, also send a notice of such hearing by registered mail, postage prepaid, to the
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 applicant, whether or not the applicant has appealed from the decision of the Building Official. Such notice shall also be sent to the applicant's representative if one has been specified. Such notices of public hearing shall be mailed at least five (5) days prior to the date of such hearing.
Section 61. Section 18.60.110 of the Long Beach Municipal Code is amended to read as follows:
18.60.110 – Hearing and determination by Planning Commission.
At the time set for public hearing, the Planning Commission shall hear and pass upon the protests filed and the applicant's appeal, if any, from the decision of the Building Official. Based upon the evidence adduced at such hearing, or as obtained from an examination made by the Planning Commission of the building or structure, proposed route to be traversed and proposed new location, the Planning Commission may direct the Building Official to deny the application or may direct that such permit be granted by the Building Official on the same terms and conditions previously specified by that official or in accordance with such terms and conditions as the Planning Commission may deem proper in the premises; provided, however, that the Planning Commission shall, in arriving at its determination, be governed by the same standards, limitations and norms as are set forth in Section 18.60.040. The Planning Commission shall not, in any event, order the Building Official to grant such permit under any conditions if the same will result in the moving or relocation of any structure which would be a violation of any City, County or State law, or would clearly inconvenience any considerable number of persons, or would violate or disturb the public welfare, safety or peace.
Section 62. Section 18.68.100 of the Long Beach Municipal Code is amended to read as follows:
18.68.100 – Application for order of abatement of nuisance.
A. In the event the owner of a structure is notified pursuant to
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Section 18.68.090 and a plan of action satisfactory to the Building Official is not presented within sixty (60) days after the notice has been mailed or within such extension of time as may have been granted in writing by the Building Official; or if the proposed plan of action, contemplated repair, or some action other than abandonment and demolition, has not been submitted and agreed upon by the Building Official within the one hundred twenty (120) days provided in Section 18.68.090 or within such extension of time as the Building Official may have granted; then the Building Official shall apply in writing to the Planning Commission for an order declaring the structure to be a nuisance and ordering the Certificate of Occupancy to be revoked, or that it be demolished or repaired in a manner satisfactory to the Building Official, all by a date certain. The written application shall set forth in the form of factual allegations all facts which, if proven, are necessary to justify an order of condemnation, including, but not limited to the following:
1. The location and legal description of the structure;
2. A concise calculation sheet indicating the ratio Rs for each of the elements of the structural system;
3. The structure's present occupancy;
4. The date upon which the owner of the structure was
notified pursuant to Section 18.68.090;
5. A statement as to whether the structure owner has
submitted a plan of action pursuant to Section 18.68.090;
6. The date certain by which the structure must be
repaired or demolished, in the Building Official's opinion, in order to keep the earthquake hazard associated with it at or below the applicable tolerable level.
B. A copy of the written application shall be mailed by certified United States mail to the person to whom the notice of Section 18.68.090
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 was mailed.
Section 63. Section 18.68.110 of the Long Beach Municipal Code is amended to read as follows:
18.68.110 – Hearing by Planning Commission.
In the event the Building Official files an application pursuant to Section 18.68.100, the Building Official shall set a date and time for a hearing before the Planning Commission in accordance with Section 18.20.130.
Section 64. Section 18.68.120 of the Long Beach Municipal Code is amended to read as follows:
18.68.120 – Appeals to the City Council.
Whenever the owner of any structure is aggrieved by any final order of the Planning Commission, dealing with the abatement of a nuisance as provided in this chapter, such owner may within five (5) days of notice of such ruling or act appeal to the City Council as provided in Section 18.20.140.
Section 65. Section 18.68.130 of the Long Beach Municipal Code is amended to read as follows:
18.68.130 – Owner responsibility to demolish structure.
In the event the Planning Commission orders a structure demolished, immediately upon the effective date of its order, the structure's owner shall arrange for the vacation and demolition of the structure within sixty (60) days after the Planning Commission's order becomes effective, unless such order is modified or reversed by the City Council or is stayed by a court of competent jurisdiction. Should the structure owner fail to inform the Building Official within five (5) days after the Planning Commission's order becomes effective that such arrangements have been made or should the owner's scheduled demolition not in fact be completed within the aforesaid sixty (60) day period, then the
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 Building Official may arrange for the demolition of the subject structure and impose a lien upon the property for the costs of same.
Section 66. Section 18.68.140 of the Long Beach Municipal Code is amended to read as follows:
18.68.140 – Notice of pending order of demolition.
A. In the event the Planning Commission orders the demolition of the subject structure by a date certain which is three (3) months or more after the effective date of the order, and the order is not modified or reversed by the City Council or is not stayed by a court of competent jurisdiction, the Building Official shall prepare a notice of pending order of demolition and arrange for the recordation of same in the office of the county recorder of Los Angeles County. The notice shall be in substantially the following form:
NOTICE OF
PENDING ORDER
OF DEMOLITION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that by order of the Planning Commission of the City of Long Beach, State of California, dated ______________________, 20___, that certain structure now standing at and described generally as _____________________ must and shall be demolished on or before ______________________, 20___.
A certified copy of said order may be obtained from the Department of Community Development, Building and Safety Bureau, of the City of Long Beach upon the payment of the appropriate fee. If said structure is not demolished in accordance with the aforesaid order, the same may be demolished by the City of Long Beach and the costs therefore
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 assessed as a lien upon the land upon which the structure stood. A lien in the amount of $________________________________________ in favor of the City of Long Beach is hereby assessed against said property for the costs of recording this notice.
B. The notice shall be recorded under the names of each and every person to whom the notice of Section 18.68.090 was mailed. The structure's owner may pay the recording fees for the aforesaid notice and thereby avoid the imposition of lien for same against the property.
Section 67. Section 18.68.150 of the Long Beach Municipal Code is amended to read as follows:
18.68.150 – Owner responsibility to accomplish hazard reduction measures.
In the event the Planning Commission or the City Council certifies to the validity of any or all of any measures the owner has proposed as a means of reducing the earthquake hazard, and finds that the accomplishment of such measures will reduce the earthquake hazard associated with the structure to or below the applicable tolerable level, it shall order the owner to immediately initiate the accomplishment of such measures and to complete the same within a reasonable time. The Planning Commission or the City Council shall designate in its order, based on evidence presented to it during the hearing, that date certain which represents a reasonable time in its opinion for the accomplishment of the proposed measures.
Section 68. Section 18.68.160 of the Long Beach Municipal Code is amended to read as follows:
18.68.160 – Jurisdiction of Planning Commission or Council over certain cases.
The Planning Commission or the City Council shall retain jurisdiction over cases in which it has approved owner-proposed measures for reducing earthquake hazard until such measures have been timely accomplished. In the event written evidence of the completion of the approved measures is not presented to the Planning Commission or
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 the City Council within ten(10) days after the designated date for the completion of such measures shall have passed, the Planning Commission or the City Council may revise its decision and order the immediate vacation and demolition of the structure. The Planning Commission or City Council may consider a time extension for the completion of the proposed measures if, prior to said date, the structure's owner has so applied. Any application for such an extension shall be in writing, setting forth what has actually been accomplished, what remains to be done, and the reasons for the requested extension.
Should the Planning Commission or the City Council conclude that good cause has been shown for an extension, it may grant such an extension in writing for a period deemed necessary to complete the approved repairs.
Section 69. Section 18.68.170 of the Long Beach Municipal Code is amended to read as follows:
18.68.170 – Hearing-Failure of owner to proceed in good faith.
In the event the Building Official or any interested person presents written affidavits to the Planning Commission or the City Council indicating the owner is not proceeding in good faith to timely accomplish any measures approved by the Planning Commission or the City Council in its original decision and order, the Planning Commission or City Council shall, on ten (10) days' written notice mailed via certified United States mail to the owner of the structure, schedule and conduct a hearing on the matter. At such hearing, evidence, oral and written, may be presented as in the original hearing, and if the Planning Commission or the City Council is convinced that the owner is not proceeding in good faith to timely carry out its original order, then it shall revoke the order and order instead the immediate vacation and demolition of the structure. Written affidavits shall not, however, be received by the Planning Commission or the City Council under this section until at least fifty percent (50%) of the time allowed in its original order has expired.
Section 70. The City Clerk shall certify to the passage of this ordinance by
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of , 2026, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved: (Date) Mayor