HomeMy WebLinkAbout2009-02-10 City Council Agenda Item No. 8WPM Ahatement
CITY OF jam,
LADE LSI OKE
DREAM E/4TREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: FEBRUARY 10, 2009
SUBJECT: RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE AND DIRT A
NUISANCE; PROPERTY OWNERS TO BE NOTIFIED
Background
In order to implement a proactive approach to fire safety, the City of Lake Elsinore
adopted a weed abatement program. This program is intended to promote the control
of weeds and debris thereby reducing the amount of combustible material available for
fire. 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 to approximately 8,350 vacant
property owners and will be mailed following the Council's adoption of the proposed
Resolution declaring weeds, rubbish, refuse and unpermitted dirt piles on private
properties a nuisance. The Resolution also provides for a public hearing on April 14th
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 1, 2009, to abate their parcels. Should City staff
abate a property beginning May 1, 2009, the owner will be assessed the cost of
abatement at a rate of $0.02 per square foot plus a $306.00 administrative fee.
Agenda Item No. 8
Page 1 of 5
Weed Abatement
February 10, 2009
Page 2
FISCAL IMPACT
None. All costs (including the administrative fee) will be recovered through separate
billing.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2009- and direct staff
to begin the abatement process for this year.
Prepared by: Nicole Fields
Engineering Technician II
Ken A. Seumalo VO
Director of Public Works
Approved by: Robert A. Brady
City Manager
Attached: Resolution
Agenda Item No. 8
Page 2 of 5
RESOLUTION NO. 2009-
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.
Agenda Item No. 8
Page 3 of 5
CITY COUNCIL RESOLUTION NO. 2009-
Page 2 of 3
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 mailed 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 mailed 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 14, 2009, at the hour of 7:00pm 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 along with billing such parcel owner.
Agenda Item No. 8
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CITY COUNCIL RESOLUTION NO. 2009-
Page 3 of 3
(H) That the cost of the abatement in front of or on each parcel shall constitute
an operational assessment against the parcel. In the event that payment
of the cost of abatement is not timely received by the Public Works
Department, and after the assessment has been made and confirmed,
there shall be made a special assessment lien upon said parcel of
property in accordance with said Health and Safety Code and the
Ordinance of the City.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this _ day of , 2009, by
the following vote:
AYES: 0OUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COLINCILMEMBERS:
ABSTAIN: COLINCILMEMBERS:
ROBERT E. MAGEE, MAYOR
City of Lake Elsinore
ATTEST:
Carol Cowley, Interim City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
City of Lake Elsinore
Agenda Item No. 8
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