BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 the Board of Examiners, Appeals and Condemnation pursuant to this Code 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 his government for redress. This Chapter applies to all City personnel who testify or present evidence in a hearing.
5.77.090 Enforcement.
A. It is unlawful to violate the provisions of this Chapter. Violations include, but are not limited to:
1. Failure of the emergency contact to acknowledge and take any remedial action needed to respond to a complaint forwarded by the City or its agent within one (1) hour after the complaint is received or a contact is attempted and the emergency contact cannot be reached;
2. Failure to promptly notify the City when the emergency contact information changes;
3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter;
4. Providing false or misleading information on a STR registration application or other documentation required by this Chapter;
5. Any attempt to rent an unregistered STR by advertising the property for short-term rental purposes;
6. Completing a STR booking transaction in the City without a valid City-issued STR registration number;
7. Completing a booking transaction where the STR registration has been revoked or suspended by the City;
8. Violations of state, county, or City health, building, or fire regulations;
9. Exceeding the maximum short-term rental limit of ninety (90) days of un-hosted stays per the annual term of a primary residence registration; and
10. Conduct or activities that constitute a public nuisance as determined by the City or which otherwise constitute a hazard to public peace, health, or safety.
B. Violations of this Chapter may not need a cure period and will result in an immediate citation issued to the STR owner or operator, upon City's verification of the violation.
C. Any and all violations involving violence on the STR property or by STR guests shall receive an immediate citation and shall count as double towards the three (3) citations for non-renewal of the STR registration.
D. Any and all violations of Chapter 5.77 of the Long Beach Municipal Code, or the California Penal Code, shall count as violations toward the three (3) citations required for non-renewal of the STR registration.
E. The Director shall have the ability to cancel or suspend a STR registration if the STR owner or operator fails to timely respond to or remedy an incident involving violence on the STR property or by STR guests.
F. Unless otherwise described in this Section, enforcement of this Chapter shall be subject to the processes and procedures in Chapter 1.32 of the Municipal Code.
G. Notwithstanding anything to the contrary in Chapter 1.32, the fine shall be one thousand dollars ($1,000) for each violation. A STR owner or operator may receive multiple citations for a single event, if it violates
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
multiple provisions of the Municipal Code and/or California Penal Code, or if the violations continue for multiple days without successful resolution.
H. If three (3) citations have been issued against a STR property, registered or unregistered, within an eighteen (18) month period, the STR registration may be revoked, suspended, disallowed, or additional conditions may be imposed by the Director by providing written notice to the STR property owner setting forth the basis of the intended action and giving the owner an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the registration, suspend the registration, disallow the registration, or impose additional conditions upon the registration and thereafter give written notice of the decision to the owner. If a STR registration is revoked or disallowed, no dwelling unit on that parcel may be registered with the City for a minimum period of twelve (12) months, regardless of who is the STR operator, and may only be registered thereafter upon request and review by the Director or their designee.
I. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731.
J. Any person, hosting platform, or STR owner or operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City.
K. If any violation of this Chapter is found to exist, the City may recover attorneys' fees, court costs, fees, and other reasonable costs in any civil or criminal action necessary to enforce the provisions of this Chapter.
L. If any violation of this Chapter is found to exist, the City may issue an administrative citation to any operator pursuant to Chapter 9.65 of this Code.
M. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Titles 5, 9, 18 and 21 of this Code.
N. The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, hosting platform, or STR owner or operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period.
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 Board of Examiners Appeals and Condemnation ("BEAC")Planning Commission. The decision of the BEAC Planning Commission shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
P. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.
8.56.020 Definitions.
For the purpose of this Chapter, certain terms used shall have the meaning provided in this Section unless such meaning would be repugnant to the subject matter or the context in which used:
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
A. "Lot" means a lot, parcel, tract or piece of land, improved or unimproved, in the City, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land, and the parkway or area lying between the curbline and the property line of the adjoining or abutting lot bounded on the sides by the prolongation in a straight line of the side lines of the lot in front of which such parkway or area exists.
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 Board of Examiners, Appeals and CondemnationPlanning 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).
C. "Weeds" and/or "debris" includes all bushes, vines, trees, grass or other vegetation, whether cultivated or uncultivated, and whether dead or growing, and all refuse and rubbish of any kind or description, or wood, asphalt, concrete and similar materials, or tin cans, parts of machinery, implements and automobiles, any of which cause unpleasant or noxious odors, or which are or may become a refuge or breeding place for insects and vermin, or which conceal or are capable of concealing filth and other unsanitary conditions, or which are, or are capable of becoming, a fire or other hazard to the use and occupancy of neighboring properties, or which obstruct or hinder the use of any public street, sidewalk, alley or way.
8.56.040 Notice—Form.
Whenever the Building Official finds weeds and/or debris on any lot, he 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
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 he 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.
If you object to cleaning the weeds and/or debris from your premises you may appeal to the Board of Examiners, Appeals and CondemnationPlanning 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
8.56.060 Appeal hearing—Service of notice.
A. The Building Official shall serve on the owner who has appealed, a copy of the notice of hearing by certified mail.
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 Board of Examiners, Appeals and CondemnationPlanning Commission.
C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.
D. "Owner", as used in this Section, means any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal or equitable interest in the premises.
E. The failure of any person to receive such notice shall not affect the validity of any proceedings under this Chapter.
8.56.070 Appeal—Hearing—Procedure.
A. At the time stated in the notice, the Board 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 Board Planning Commission shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board 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 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.
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
C. A copy of the Board's 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 BoardPlanning Commission.
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 his the owner’s lot within the time stated in the notice, or order of the Board of Examiners, Appeals and CondemnationPlanning Commission after appeal, he the owner shall be deemed to have consented to such removal by the Building Official who shall thereupon be authorized, and it shall be his the Building Official’s duty to enter upon the lot involved and clean the weeds and/or debris therefrom.
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 Board of Examiners, Appeals and CondemnationPlanning 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.
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice 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.
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board 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 Board 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
BEAC ORDINANCE REDLINE
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
8.56.130 Interest of charges.
If the amount of the charges as determined by the Board of Examiners, Appeals and CondemnationPlanning Commission has not been paid within thirty (30) days of its decision, the payment shall thereupon 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 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.
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, he 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 Board of Examiners, Appeals and CondemnationPlanning 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.
8.58.040 Notice—Form.
Whenever the Building Official finds on any lot graffiti which can be seen by any person using any public right-of-way, he 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
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 Board of Examiners, Appeals and CondemnationPlanning 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 remedies provided by the Long Beach Municipal Code.
Dated: _______
Superintendent of Building and Safety
City of Long Beach
8.58.060 Appeal hearing—Service of notice.
A. If there is an appeal, the Building Official shall serve on the owner who has appealed, a copy of the notice of hearing by certified mail.
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 Board of Examiners, Appeals and CondemnationPlanning Commission.
C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage fully prepaid.
D. The failure of any person to receive such notice of hearing shall not affect the validity of any proceedings under this Chapter.
8.58.070 Appeal—Hearing—Procedure.
A. At the time stated in the notice, the Board 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 Board Planning Commission shall determine whether the premises, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board 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 BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
correct the nuisance within the time prescribed, the City shall cause the nuisance to 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 Board's 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 BoardPlanning Commission.
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 Board of Examiners, Appeals and CondemnationPlanning Commission after appeal, he 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.
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:
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 Board of Examiners, Appeals and CondemnationPlanning 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.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
8.58.120 Hearing on charges.
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board 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 Board shall be final, and the Building Official shall give notice to the parties affected in the manner provided in Section 8.58.070.
8.58.130 Interest of charges.
If the amount of the charges as determined by the Board of Examiners, Appeals and CondemnationPlanning 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.
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, he 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 Board of Examiners, Appeals and CondemnationPlanning 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.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 Board of Examiners, Appeals and CondemnationPlanning Commission for a hearing and a finding of a nuisance. Notice of such 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
NOTICE IS HEREBY GIVEN that on the ___ day of _______, 20___, at the hour of _____m., the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeal and CondemnationPlanning 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)
8.76.040 Abatement—Hearing—Notice—Service.
A. The City official, or such representative as may be designated by him, shall cause to be served upon the owner of each of the affected premises a copy of the notice of hearing, by certified mail, at his last known address as it appears on the last equalized assessment roll.
B. The notice of hearing shall be served, as aforesaid, at least ten (10) days before the time fixed for the hearing. Proof of service of the notice shall be made by declaration filed with the Board of Examiners, Appeals and CondemnationPlanning Commission.
C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.
D. "Owner," as used in this Section, means any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal or equitable interest in the premises, as disclosed by a preliminary title search.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
E. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.
8.76.050 Abatement—Hearing—Procedure.
At the time stated in the notice, the Board 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 contained continued without further notice from time to time.
8.76.060 Abatement—Hearing—Determination.
A. Upon conclusion of the hearing, the board Planning Commission shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board 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.
B. Service shall be complete at the time of the deposit of the report in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.
8.76.070 Abatement—Appeal—Contents.
Any owner may appeal to the City Council from the determination of the Board of Examiners, Appeals and CondemnationPlanning 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.
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 BoardPlanning Commission, confirm the determination of the BoardPlanning 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.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
B. No legal proceeding or action shall lie against the City nor against the Council, nor the Board of Examiners, Appeals and CondemnationPlanning 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.
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 his the City Manager’s designated agent, or as said time frame may be modified on appeal to the Board of Examiners, Appeals and CondemnationPlanning 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).
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 him the City Manager shall serve notice on the owner of the affected premises by certified mail at his the ownr’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 the 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.
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 Board of Examiners, Appeals and CondemnationPlanning Commission as to the reasonableness of the charges. Such demand shall be in writing BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
and filed with the Building Official. Such demand shall be presented by the Building Official to the Board of Examiners, Appeals and CondemnationPlanning Commission at its next regular meeting. The Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission thereon shall be final.
B. If the amount of the charges as determined by the Board of Examiners, Appeals and CondemnationPlanning 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.
8.76.210 Penalty for violation.
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 Board of Examiners, Appeals and CondemnationPlanning Commission or the City Council is guilty of a misdemeanor; provided that any violation of Subsections 8.76.010.G, Q, R, and T shall be deemed an infraction.
B. Any occupant or lessee in possession of any such building or premises who fails to vacate the building or premises in accordance with an order of abatement provided in this Chapter is guilty of a misdemeanor.
C. Any person who removes any notice or order posted as required in this Chapter is guilty of a misdemeanor.
D. No person shall obstruct, impede or interfere with any representative of a City department or the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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.
E. Those employees of the Department of Development Services designated by the Director of Development Services are authorized and may issue notices of violation of Subsections 8.76.010.G, Q, R or T pursuant to the applicable provisions of Section 41103 and other sections of the Vehicle Code relating to the standing or parking of a vehicle. If the notice of violation cannot be attached to the vehicle or other personal property, it may be posted on the front door of the involved premises.
Nothing in this Section is intended to operate to make these employees peace officers. Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the employees authorized to act pursuant to this Section from public or miscellaneous employees to individual peace officers or safety members or classes of peace officers or safety members.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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, he 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.
The imposition of this civil penalty may be appealed to the Board of Examiners, Appeals and CondemnationPlanning 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.
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board 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 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission shall be final.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 Board Planning Commission but does not appear, he the owner shall be notified in writing of the decision.
10.46.120 City removal—Authorized.
If any owner served with a notice to remove a vehicle fails to remove the vehicle from his the owner’s lot within the time stated in the notice, or order of the Board of Examiners, Appeals and CondemnationPlanning Commission after appeal, he the owner shall be deemed to have consented to such removal by the Building Official who shall then be authorized, and it shall be his the Building Official’s duty, to enter upon the lot involved and remove the vehicle.
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 Board of Examiners, Appeals and CondemnationPlanning 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).
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 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 Board of Examiners, Appeals and CondemnationPlanning Commission on the reasonableness of the charges. Such demand BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
shall be in writing, flied 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.
10.46.150 Hearing on charges.
A. Within fifteen (15) days from the date of the notice to pay, the 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 Board of Examiners, Appeals and CondemnationPlanning 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. Ssuch 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 Board 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 Board Planning Commission shall be final.
D. A copy of the Board's 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.
10.46.160 Interest on charges.
If the amount of the charges as determined by the Board of Examiners, Appeals and CondemnationPlanning 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.
18.03.040 Liability.
The Building Official, members of the Board of AppealsPlanning Commission or employees charged with the 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 BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 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.
18.06.080 Code Enforcement Fees.
A. Purpose. Property owners are liable for costs incurred by the City in abating a substandard or dangerous property condition, as well as for fees for Code Enforcement.
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 Board of Examiners, Appeals and CondemnationPlanning Commission, or by appeal to City Council, neither the code enforcement fee nor any directly corresponding permit fee shall be required.
C. Re-inspection fee. A re-inspection fee shall be imposed when an additional inspection is conducted to address violations of this Title. The re-inspection fee is intended to offset the costs of the re-inspection.
D. Fee. The fees required by this title are set forth in the schedule of fees and charges established by City Council resolution. The payment of code enforcement fees shall not exempt any person, firm, or corporation from compliance with this code nor from any penalty prescribed by law.
18.06.100 Board of 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 Board of Examiners, Appeals and CondemnationPlanning 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.
CHAPTER 18.10 BOARD OFHEARING BODY FOR APPEALS
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 Board of Examiners, Appeals and CondemnationHearing Body.
A. General. The Board of Examiners, Appeals and Condemnation is created pursuant to Ordinance No. C-5332 in 1977 and amended pursuant to Ordinance No. C-5709 in 1981 and Ordinance No. 14-0019 in 2014. The BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
Board of Examiners, Appeals and CondemnationThe Planning Commission provide a forum toshall 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 statutes of the State as designated;
2. Correction of substandard, nonconforming or dangerous buildings or structures; or
3. Abatement of nuisance.
B. Member. The Board of Examiners, Appeals and Condemnation shall consist of seven (7) members, of which two (2) members shall be physically handicapped persons, qualified by experience and training to pass judgment upon matters pertaining to building construction. The City Manager shall recommend members for appointment by the Mayor and confirmation by the City Council. Members shall serve two (2) year terms and shall be eligible for reappointment if their service does not exceed the eight (8) year maximum established by City Council. The Building Official shall serve as Secretary to the Board of Examiners, Appeals and Condemnation.
CB. Duties of the Hearing Body. The Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission may approve or disapprove the actions taken by the Building Official subject to the limitation of Section 18.10.040.
DC. Procedure. The Board of Examiners, Appeals and CondemnationPlanning 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 decisions and findings of the Board of Examiners, Appeals and CondemnationPlanning Commission made pursuant to this Chapter shall be in writing and shall be filed with the Secretary with copies to the interested parties. Four (4) members shall constitute a quorum for transaction of business; and each member, including the member serving as Chairman, shall be entitled to vote on any matter coming before the Board of Examiners, Appeals and Condemnation. All decisions made pursuant to this Chapter shall be entered upon the minutes of the meetings of the Board of Examiners, Appeals and CondemnationPlanning Commission, and the Building Official shall be guided in accordance therewith. All decisions of the Board of Examiners, Appeals and CondemnationPlanning Commission made pursuant to this Chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.
ED. 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 Board of Examiners, Appeals and CondemnationPlanning Commission within thirty calendar (30) days from the date of such actions by serving a written notice upon the Secretary of the BoardBuilding 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 Board of Examiners, Appeals and CondemnationPlanning Commission. Such notice shall be at once transmitted to the Board of Examiners, Appeals and CondemnationPlanning Commission, and the Board of Examiners, Appeals and CondemnationPlanning Commission shall thereafter fix a time and place for a hearing, at which time all persons interested in the appeal shall be heard. The Secretary 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.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
18.10.030 Advisory capacity.
The Board of Examiners, Appeals and CondemnationPlanning Official, upon request of the Building Official, may be called together in an advisory capacity in order to assist the Building Official.
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission shall be paid by the City, as compensation for his or herthe 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 his or herthe member’ private practice or business.
18.20.090 Dangerous buildings or conditions—Inspection.
A. The Building Official, the Building Official's designee, and the members of the Board of Examiners, Appeals and CondemnationPlanning 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 such official.
B. For the purpose of such inspection, the Building Official may order any structural member or portion of the structural frame of any building, whether such building is already erected, or is in course of construction, to be exposed whenever he or she has reasonable grounds for believing that such structural member or frame is in an unsafe condition or does not conform to the requirements of this chapter. No owner, reputed owner or person having custody, control or management or in charge of maintenance, occupancy or use of such building who is served with such an order shall fail or refuse to forthwith fully uncover or expose the portion of the structural frame or structural member as required by such order.
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 his or herthe official’s findings with respect thereto. The report shall be maintained by the Department. A hearing before the Board of Examiners, Appeals and CondemnationPlanning Commission shall be conducted only upon timely filing of an appeal by the owner or other interested party, in accordance with this chapter.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
18.20.130 Appeal to Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission shall conduct a hearing for the purpose of reviewing the findings of the Building Official. The Board 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 Board Planning Commission and object to the determination of the Building Official. The Board 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 Board 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 Board Planning Commisison may establish a time not to exceed sixty (60) days of the Board's Planning Commission's decision, within which such repairs, alterations, or demolition shall be completed, unless the Board 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 Board Planning Commission may grant a time not to exceed one hundred twenty (120) days within which such repairs, alterations, or demolition shall be completed.
E. Following the hearing, the Board 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 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission, the time period for compliance shall be as established by the Board Planning Commission pursuant to subsection (D) of this section, and shall supersede any prior compliance deadline.
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, BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 Board of Examiners, Appeals and CondemnationPlanning 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 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 Board of Examiners, Appeals and CondemnationPlanning 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.
18.20.180 Owner's responsibility for enforcement costs.
A. "Enforcement costs" include all costs incurred by the City in enforcing this chapter, including but not limited to:
1. the actual costs incurred by the City to correct or abate substandard conditions or nuisances, including demolition, repair, labor, materials, equipment, contractor services, and City staff time spent performing direct abatement work; and
2. incidental enforcement costs, including investigation, inspections, title searches, preparation and service of notices, administrative processing, and related staff time.
Enforcement costs do not include fees or charges adopted by resolution of the City Council and set forth in the City's schedule of fees and charges, which shall be assessed separately and are not subject to appeal under this chapter.
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 Board of Examiners, Appeals and CondemnationPlanning 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).
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 Board of Examiners, Appeals and CondemnationPlanning 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.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission thereon shall be final.
18.20.210 Interest on charges.
If the amount of the enforcement costs, as determined by the Board of Examiners, Appeals and CondemnationPlanning 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 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.
18.21.040 Monitoring program—Department responsibility and fees.
A. Purpose. The Building Official or designee shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings or structures in the City.
B. Purposes. The purposes of the monitoring program shall be:
1. To identify buildings that become vacant;
2. To order vacant buildings that are open and accessible to be secured against unlawful entry per Long Beach Municipal Code Section 18.20.280;
3. To initiate proceedings against any vacant or boarded building or structure found to be substandard as defined in this title; and
4. To maintain surveillance over vacant or boarded buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a public nuisance.
C. Notice of vacant building.
1. Upon discovery of a potential vacant building by a code enforcement officer or receipt of a complaint about a vacant or boarded building from any source, the City may cause an inspection of the property in order to determine if the building or structure should be classified as a vacant building;
2. If the City determines that a building or portion of a building may be classified as a vacant building under this chapter, the City shall ascertain the identity of, and contact the owner or agent of the owner, and advise the owner in writing that the building or structure is vacant and that the following measures need to be taken by the owner:
a. Immediate measures to temporarily secure the building or structure from unauthorized entry, b. Measures to permanently secure the building during the period of time that the building or structure remains vacant,
c. The posting of a sign or signs on the property in a conspicuous place, as determined by the City, which sign(s) shall notify the public of the owners or authorized agents' name and address and an emergency contact telephone number;
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
3. If the City determines that a building or structure is vacant it shall cause a "Notice of Vacant Building" to be recorded against the title of the property, which notice shall make reference to the provisions of this chapter and disclose that administrative penalties and costs may likewise be assessed against the owner and property as a result of the building or structure remaining in a vacant condition;
4. If the owner fails to take immediate measures to temporarily or permanently secure the building from unauthorized entry, the vacant building shall constitute a nuisance and the City may, without further notice, and by any lawful means, abate the nuisance. In this event, the owner shall be liable for the costs incurred by the City for inspections or to secure the building or structure, including costs incurred to ascertain ownership of the property and obtaining title information, preparing notices, and any and all administrative costs together with actual labor or material cost or expense incurred by the City to secure the building or structure or otherwise abate the nuisance. If the owner does not reimburse the City within thirty (30) days of being billed therefore, the City may file a lien against the property for all of the expenses incurred by the City.
D. Optional vacant building plan and timetable.
1. If the owner of a vacant building files a vacant building plan and timetable with the City not later than seven (7) days after the owner or agent of the owner receives written notice pursuant to Subsection
18.21.040.C, the City is authorized to:
a. Suspend the processing of any citation or other remedy for violation of this chapter, b. Extend the period of time in which the owner of a vacant building must secure the building.
2. The vacant building plan and timetable must be submitted on forms prepared by the City and must include, at a minimum, the following information:
a. A description of the premises, including the address thereof, b. The names, addresses, and telephone numbers of all owners with a right of control over the vacant building or structure,
c. The names and addresses of all known lien holders and all other parties with an ownership interest in the vacant building or structure,
d. The name, address and telephone number of the owner's property manager or agent, and whether the property manager or agent has the authority to independently act on the owner's behalf to repair or maintain the property,
e. The period of time the building is expected to remain vacant, f. If the owner plans on demolishing the building, the date the building is scheduled for demolition, and whether or not a permit has been issued for said demolition, g. If the owner plans on returning the building to a lawful occupancy and use, the estimated date for returning the building to a lawful occupancy or use, and whether or not a permit has been issued to return the vacant building to a lawful occupancy or use, h. A plan for regular inspection and maintenance of the building during the period of vacancy, i. Measures the owner will employ to secure the building to prevent access by trespassers. One of the following methods must be used to secure the building as specified in the discretion of the City:
i. Installation of adequate windows and doors, or window and door coverings, ii. Installation and maintenance of adequate locks for windows and doors, BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
iii. Installation of boards on windows and doors or security screening to the satisfaction of the City,
iv. Employment of security officers to the satisfaction of the City, v. Installation, operation, and monitoring of an electronic security system, which monitors doors and windows by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Department,
vi. Any other methods as specified by the City.
j. Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or agent of the owner with full authority to maintain and make repairs to the property on a weekly basis.
3. The plan and timetable submitted by the owner or agent of the owner must be approved by the City.
Any and all repairs required to affect the plan and timetable shall comply with all applicable City of Long Beach ordinances, codes and regulations. The owner shall be required to notify the City in writing of any changes in information supplied as part of Section 13.30.050, within ten (10) days of the change;
4. During the period of time that the vacant building plan and timetable are in effect, the owner shall be responsible for paying to the City the monthly monitoring fee as said fee is established, and from time to time amended, in accordance with a duly adopted resolution of the City Council;
5. In the event that the owner fails to comply with the vacant building plan and timetable, the City shall so notify the owner or authorized agent and shall thereafter institute appropriate administrative, civil or other legal action to secure compliance with this chapter.
E. Monitoring fee imposed. Any vacant or boarded building or structure as defined in this chapter shall be subject to a monthly monitoring fee, to recover the City's regulatory costs to monitor the status of the vacant or boarded building. The monthly monitoring fee shall be set by resolution of the City Council. The monitoring fee shall be applicable until such time as the building or structure is no longer vacant or boarded, and shall likewise be applicable even when a vacant building plan and timetable is in effect. The monitoring fee shall be imposed upon the initial determination that the building is vacant. The fee shall thereafter be imposed in each thirty (30) day period following the imposition of the initial monitoring fee, to be billed to the owner on a quarterly basis until such time as the building or structure is no longer vacant or boarded.
F. Code enforcement response fee. In addition to the monthly monitoring fee imposed pursuant to this section, the City also establishes a further and separate enforcement response fee for actual costs incurred by the City to respond to or abate substandard or blighted conditions existing in or about the property upon which the boarded or vacant building or structure is located. Such costs shall include, but not be limited to, personnel costs involved with inspecting or responding to calls for service at the property, personnel costs involved in abating the substandard or blighted conditions existing on the property, costs of any materials or supplies either purchased or supplied by the City in connection with the abatement of any substandard or blighted condition in or about the property, costs of any contracted services, including the costs of materials, supplies, and labor provided by the City's contractor, if any, costs of procuring title or ownership information concerning or related to the property, as well as any other incidental enforcement costs incurred by the City in connection with remedying the substandard or blighted conditions existing on the property. The amount of the code enforcement response fee shall be established by resolution of the City Council.
G. Procedure. The vacant or boarded building monitoring fee and the code enforcement response fee, if any, shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. Said fee or fees and associated administrative costs shall be charged to and become an indebtedness of the owner of the property.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
H. If the monthly monitoring or code enforcement response fees or associated administrative costs and expenses are not paid within thirty (30) days after billing, then the fee or costs may be specially assessed against the property involved. If the fees or costs are specially assessed against the property, 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.
I. The City may also cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee or costs assessed against the property.
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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission shall be final. If the amount of the charges is uncontested by the property owner or as set by the Board of Examiners, Appeals and CondemnationPlanning 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 determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid, as determined by the tax collector.
18.21.050 Civil remedy.
A. Penalty.
1. Any owner of a vacant or boarded building which remains boarded in violation of Subsection
18.21.020.B or any owner of a building which remains vacant or boarded in violation of Subsection
18.21.020.A shall be liable for an administrative penalty in an amount not to exceed one thousand dollars ($1,000.00) per calendar year per building.
2. A second or subsequent administrative penalty imposed upon any owner pursuant to this section shall be in an amount not to exceed five thousand dollars ($5,000.00).
B. Procedure.
1. The administrative penalty shall be imposed by the Board of Examiners, Appeals and CondemnationPlanning Commission upon the recommendation of the Building Official or designee and after the owner shall have been afforded a hearing before the Board of Examiners, Appeals and CondemnationPlanning Commission. The hearing shall be conducted in accord with the provisions of BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
Chapter 18.10 and Chapter 18.20. In setting the penalty, the Board 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 Board Planning Commission shall be final.
2. The administrative penalty shall be due and payable within thirty (30) days after the decision of the BoardPlanning Commission. If the penalty is not paid within forty-five (45) days after the decision of the BoardPlanning 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 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.
18.29.080 General requirements for maintenance of vacant properties, lots, or parcels.
A. Responsible person shall:
a. Maintain vacant lots and any perimeter fencing free of weeds, dry brush, dead vegetation; trash, garbage; junk; debris; building materials; vehicles, including but not limited to cars, boats, campers, motorcycles, and go-karts; newspapers, circulars, flyers, and banners; discarded personal items, including, but not limited to, furniture, clothing, large and small appliances; and graffiti, tagging or similar markings.
b. Ensure vacant lots are secured from unauthorized entry at all times. c. Inspect the property monthly or take other reasonable steps to ensure compliance with this section. d. Enclose and secure the vacant lot with perimeter fencing sufficient to prevent unauthorized access to the property.
(i) The fencing shall:
1) Consist of wrought iron, chain link or other materials approved by the Building Official; 2) Be at least six (6) feet in height; and
3) Allows visibility into the vacant lot from ground level. (ii) The Building Official may waive the fence height limits and materials restrictions of the Zoning Regulations as needed to meet this requirement.
e. Ensure fencing includes a secured gate to allow access to the vacant lot for emergency services. f. Ensure fencing and gates are maintained in good, operable condition at all times by the property owner such that the purposes of this Chapter are accomplished and to avoid the appearance of blight. g. Paint the property address of the vacant lot in a visible location on the curb face in accordance with the provisions of Chapter 14.36. If no curb is present, property address signage must be posted in a manner consistent with the California Residential Code (CRC) and the California Fire Code (CFC). h. Within thirty (30) days after the lot becomes vacant or within thirty (30) days after the effective date of this Chapter, whichever is later, complete a vacant lot registration application on the form made available by the City and register the vacant lot with the Department of Community Development.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
(i) Alternatively, upon discovery by the Building Official that a lot is vacant, the City may register the lot with the Department of Community Development. In this event, the City will provide notice by mail to the owner as shown on the last equalized tax assessment roll maintained in the Los Angeles County Assessor's office.
i. Enroll the vacant lot into the Long Beach Police Department's (LBPD) No Trespassing Program 602(o)(PC). The Request for Service form shall be completed, signed and notarized. Authorized signs must be purchased from designated locations and prominently posted on the property.
B. The Director of Community Development or designee shall have the authority and discretion to make specific fee exemptions in a case where the property owner has agreed to allow the property to be used and operated for a specific community serving use, such as the use of pocket parks or approved temporary activating uses as defined in Section 21.53.115 of this Code.
C. At the time the vacant lot is registered, the Responsible Person shall pay the Vacant Lot Monitoring fee as established by resolution of the City. Said fee shall be billed annually but will be prorated based upon the month of the year that the registration occurs. The Vacant Lot Monitoring fee will be billed by the City on an annual basis until the lot is no longer a Vacant Lot.
a. If the annual monitoring fee is not paid when due then:
(i) The City may cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee or costs assessed against the property. (ii) The fee may be specially assessed against the property involved. All laws applicable to the levy, collection and enforcement of real property taxes are applicable to the special assessment.
D. Hearing on charges. Within thirty (30) days from the date that the Responsible Person is mailed a notice regarding the imposition of the Vacant Lot Monitoring fee, the property owner may demand a hearing. a. Such demand shall be in writing and presented to the Director of Community Development for the City of Long Beach and include any required fee for appeal set forth in the schedule of fees and charges established by City Council resolution.
b. Said demand shall describe the property involved, state the basis that the Vacant Lot Monitoring fee should not be assessed, and include an address of the Responsible Person for service of notice in connection with such hearing.
c. Such demand shall be presented by the City to the Board of Examiners, Appeals and Condemnation (BEAC)Planning Commission for hearing at its next regularly scheduled meeting that is not less than thirty (30) days from the date of the demand.
d. The Director of Community Development shall give notice by mail of such hearing to the Responsible Person at the address furnished in the demand for an appeal hearing. e. At the time set for such hearing, the Board of Examiners, Appeals and Condemnation (BEAC)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 Board of Examiners, Appeals and Condemnation (BEAC)Planning Commission shall be final.
f. If the appeal is granted the appeal fee shall be returned. g. If the appeal is denied, the payment is due within thirty (30) days.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
18.30.070 Appeal of late penalty.
A. Any recipient of a late penalty may appeal said penalty by completing a written request for hearing form, obtained from the Department of Community Development and returning the written request for hearing form to the Department of Community Development, together with a deposit in the total amount of the fee and any late charges.
B. The written request and deposit must be received by the Department of Community Development within thirty (30) days of the date that City sent notice of the delinquency. Failure to file a timely appeal of the late penalty shall be deemed a waiver of the right to appeal and to seek judicial review.
C. The hearing will proceed before the Board of Examiners, Appeals and CondemnationPlanning Commission in accordance with the procedure set forth in Section 18.30.080.
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 deposit has been paid consistent with the requirements of Section
18.30.070.
B. A hearing shall occur before the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission determines that such evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the Board of Examiners, Appeals and CondemnationPlanning Commission in accordance with the fundamentals of due process. The Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission may continue the hearing or request additional information from the enforcement officer, his/her the enforcement officer’s designee or the appellant prior to issuing a written decision.
18.30.090 Board of Examiners, Appeals and CondemnationPlanning Commission's decision.
A. After considering all of the testimony and evidence submitted at the hearing, the Board of Examiners, Appeals and CondemnationPlanning Commission shall issue a written decision within fifteen (15) business days of the hearing. The decision of the Board of Examiners, Appeals and CondemnationPlanning Commission shall be final.
BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
B. If the Board of Examiners, Appeals and CondemnationPlanning Commission denies the appeal, then the deposit shall be retained by the City.
C. If the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission's written decision.
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 Board of Examiners, Appeals and Condemnation (hereinafter referred to as "board of appeals" in this appendix)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 board 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 board of appeal 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 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.
18.60.070 Moving notice—Posting—Contents.
A. The moving notices shall be posted by the Building Official and shall be placed conspicuously upon the front and upon the rear of the location to which it is proposed to move a building or structure, and upon the front of the building or structure proposed to be moved. Such notices shall be not less in size than eight (8) inches by ten (10) inches and shall bear, in letters not less than one and one-half (1.5) inches in height, the words "MOVING NOTICE". In addition, such notice shall contain the following information:
1. Name and owner of the building or structure after its relocation;
2. A brief description of the building or structure;
3. Address of the building or structure at its present location;
4. The street and number to which the building or structure is proposed to be moved;
5. The date upon which the building or structure was posted with the notices;
6. The name of the building and structure mover or person who proposes to do the moving work;
7. The name of the Building Official who inspects the building or structure and relocation site.
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 Board of Examiners, Appeals and CondemnationPlanning BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
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."
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, he or she shall notify the applicant of his or her 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 such appeal. Any such appeal shall be heard by the Board of Examiners, Appeals and CondemnationPlanning Commission as provided hereinafter.
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 Board of Examiners, Appeals and CondemnationPlanning 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.
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 Board of Examiners, Appeals and CondemnationPlanning Commission at its next regular meeting. The Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning 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 applicant, whether or not the applicanthe 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.
18.60.110 Hearing and determination by Board of Examiners, Appeals and CondemnationPlanning Commission.
At the time set for public hearing, the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission of the building or structure, proposed route to be traversed and proposed new location, the Board of Examiners, Appeals and CondemnationPlanning 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 Board of Examiners, Appeals and CondemnationPlanning Commission may deem proper in the premises; provided, however, that the Board of Examiners, Appeals and CondemnationPlanning Commission shall, in arriving at its determination, be governed by the same standards, limitations and norms as are set forth in BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
Section 18.60.040. The Board of Examiners, Appeals and CondemnationPlanning 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.
18.68.100 Application for order of abatement of nuisance.
A. In the event the owner of a structure is notified pursuant to 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 Board of Examiners, Appeals and CondemnationPlanning 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 R S 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 was mailed.
18.68.110 Hearing by BoardPlanning Commission.
In the event the Building Official files an application pursuant to Section 18.68.100, he the Building Official shall set a date and time for a hearing before the Board of Examiners, Appeals and CondemnationPlanning Commission in accordance with Section 18.20.130.
18.68.120 Appeals to City Council.
Whenever the owner of any structure is aggrieved by any final order of the Board of Examiners, Appeals and CondemnationPlanning 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.
18.68.130 Owner responsibility to demolish structure.
In the event the Board of Examiners, Appeals and CondemnationPlanning 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 Board's 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 BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
jurisdiction. Should the structure owner fail to inform the Building Official within five (5) days after the Board's 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 Building Official may arrange for the demolition of the subject structure and impose a lien upon the property for the costs of same.
18.68.140 Notice of pending order of demolition.
A. In the event the Board 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 Board of Examiners, Appeals and CondemnationPlanning 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 office of 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 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.
18.68.150 Owner responsibility to accomplish hazard reduction measures.
In the event the Board 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 Board 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.
18.68.160 Jurisdiction of Board Planning Commission or Council over certain cases.
The Board 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 Board Planning Commission or the City Council within ten (10) days after the designated date for the completion of such measures shall have passed, the Board Planning Commission or the City Council may revise its decision and order the immediate vacation and demolition of the structure. The Board 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 BEAC Ordinance Redline
Created: 2026-06-04 14:01:14 [EST]
(Supp. No. 52, Update 1)
accomplished, what remains to be done, and the reasons for the requested extension. Should the Board 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.
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 Board Planning Commission or the City Council indicating the owner is not proceeding in good faith to timely accomplish any measures approved by the Board Planning Commission or the City Council in its original decision and order, the Board 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 Board 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 Board 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.