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Home My WebLink About2010-02-09 City Council Item No. 8CITY OF LAKE (~LSIIYOIJE DREAM CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 9, 2010 SUBJECT: RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE AND DIRT A NUISANCE; PROPERTY OWNERS TO BE NOTIFIED BACKGROUND The City of Lake Elsinore, in an effort to reduce fire risk to property, adopted an Ordinance to identify such risks. Pursuant to the City's Municipal Code, Chapter 8.32, Weed and Rubbish Abatement, the City is required to hold a hearing to adopt a resolution declaring weeds, rubbish and refuse on private properties a nuisance and order the abatement thereof. DISCUSSION Weed abatement notices are being prepared for mailing. There are approximately 8,200 vacant properties which are subject to notification. If Council adopts the proposed Resolution declaring weeds, rubbish, refuse and unpermitted dirt piles on private properties a nuisance, abatement notices will be sent to property owners. The Resolution also provides for a public hearing on April 13th for the City Council to consider all objections to the proposed removal of weeds, rubbish, refuse and unpermitted dirt piles. Property owners will have until May 3, 2010, to abate their parcels and avoid any charges from the City. Should City staff abate a property beginning May 3, 2010, the owner will be assessed the cost of abatement at a rate of $0.02 per square foot plus a $306.00 administrative fee per parcel. FISCAL IMPACT None. All costs (including the administrative fee) will be recovered through separate billing. CC February 09, 2010 Item No. 8 Page 1 of 6 Weed Abatement Resolution February 09, 2010 Page 2 RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2010- and direct staff to begin the abatement process for this year. Prepared by: Nicole Fields 4 - Engineering Tech II Ken A. Seumalo t`,L4'5 Director of Public Works Approved by: Robert A. Brady City Manager M Attachment: Resolution CC February 09, 2010 Item No. 8 Page 2 of 6 RESOLUTION NO. 201 0-0074 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there exists in the City of Lake Elsinore, California, on certain streets, sidewalks and on private property, weeds, rubbish, refuse and dirt as defined in Chapter 8.32 of the Lake Elsinore Municipal Code.; and WHEREAS, said weeds, rubbish, refuse, and dirt constitute a nuisance that is a fire and health hazard; and WHEREAS, the City does designate the Public Works Department to enforce the provisions of Chapter 8.32 and the provisions of the Health and Safety Code of the State of California as hereinabove set forth; and WHEREAS, the City Manager has submitted a list of properties upon which there is upon the streets, sidewalks, and private property, weeds, rubbish, refuse, and unpermitted dirt piles, which constitute a nuisance by virtue of being a fire and health hazard; and WHEREAS, there is a part hereof by reference and marked Exhibit "A" a list of all properties within the City upon which said weeds, rubbish, refuse and unpermitted dirt piles exist and which exists by giving its assessors parcel number according to the official assessment for the City of Lake Elsinore and is available for review with the City Clerk of the City of Lake Elsinore. CC February 09, 2010 Item No. 8 Page 3 of 6 CITY COUNCIL RESOLUTION NO. 2010- Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the authority granted to the City by virtue of Section 14875 of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code, weeds, rubbish, refuse, and unpermitted dirt piles upon or in front of the properties as described in Exhibit "A" are hereby declared to be a nuisance and shall be abated. (A) That notices will be sent out to the property owners as last shown upon the assessment rolls in accordance with the said Health and Safety Code, State of California, and of said Ordinance, City of Lake Elsinore, California. (B) That the said notices shall be in the form set forth in said Health and Safety Code and said City Ordinance and that said notices shall be sent at least five (5) days prior to the time of Hearing of objections. (C) That the list of all property owners to whom notices are to be sent, as well as the locations of the property are set forth in Exhibit "A" which is on file with the City Clerk of the City of Lake Elsinore. (D) That the City Council does hereby find and declare that the weeds, rubbish, refuse and unpermitted dirt piles on the specified parcels of property is recurrent and shall be abated in the manner provided for in Section 14900.5 of the Health and Safety Code of the State of California and in accordance with Chapter 8.32 of the City of Lake Elsinore Municipal Code. (E) That the City Council of the City of Lake Elsinore does hereby set the date of April 13, 2010, at the hour of 7:00 PM in the Lake Elsinore Cultural Center, 183 North Main Street, in the City of Lake Elsinore, California, to herein consider all objections to the proposed removal of weeds, rubbish, refuse, and unpermitted dirt piles. (F) That hereafter if objections have not been made or the City Council has disposed of those made, the Public Works Department is ordered to abate the nuisances in accordance with said Health and Safety Code Section and said Ordinance of the City of Lake Elsinore, California. (G) The Public Works Department shall keep an account of the cost of the abatement in front of or on each separate parcel of land and shall render a written report showing such costs and shall cause said notice to be posted in accordance with law. CC February 09, 2010 Item No. 8 Page 4 of 6 CITY COUNCIL RESOLUTION NO. 2010- Page 3 of 4 (H) That the cost of the abatement in front of or on each parcel shall constitute an operational assessment against the parcel. After the assessment has been made and confirmed there shall be made a lien upon said parcel of property in accordance with said Health and Safety Code and the Ordinance of the City. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this gth day of February, 2010. Melissa A. Melendez, Mayor ATTEST: Carol Cowley, Interim City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CC February 09, 2010 Item No. 8 Page 5 of 6 CITY COUNCIL RESOLUTION NO. 2010- Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-_ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 9th day of February, 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK CC February 09, 2010 Item No. 8 Page 6 of 6