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HomeMy WebLinkAboutCC Reso No 1986-34. ~.._ ._ .._~ . . . . . _- ~- . __._._ ~.y,_.~ .. . . . ~`~-_ . . . . ' RESOLUTION N0. 86-34 , A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED ' ' IN SECTION 39560 OF THE GOVERNMENT CODE OF THE STATE OF , CALIFORNIA AND ORDINANCE N0. 532 CONSTITUTE A NUISANCE ' AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER ' IN ACCORDANCE WITH CHAPTER 13, PART 2, DIVISION 3 OF I TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA ' AND ORDINANCE N0. 532, AND PROVIDING FOR A HEARING ON I OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS ' AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. I ' WHEREAS, there exists in the City of Lake Elsinore, California on certain . ' streets, sidewalks and on private property weeds, trash and other materials as defined in Ordinance No. 532 and Section 39561.5 of the Government Code; ' WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill material as defined constitute a nuisance in that said ' _ ~ rubbish is a fire and health hazard. ' ~ WHEREAS, the City does designate the City Manager to enforce the provisions ' of Ordinance No. 532 and the provisions of the Government Code of the State _ I of California as hereinabove set forth; , WHEREAS, the City Manager has submitted a list of properties upon which I i there is upon the streets, sidewalks, and private property weeds, rubbish, refuse, i , dirt, concrete and any other unauthorized fill which in his opinion constitute a ' i nuisance by virtue of being a fire and health hazard; WHEREAS, there is affixed hereto and made a paYt:hereof by reference and ~ marked Exhibt A a list of all properties within the City upon which said weeds, ' ' ~ rubbish and refuse exist and which are referred to by commonly known street names ' and which further describe the property upon which or in front of which the nuisance ' I exists by giving its assessors parcel number according to the official assessment map of the County of Riverside which is the public body which does the assessment ' for the City of Lake Elsinore. NOW, THEREFORE, be it resolved: 1. That pursuant to the authority granted to the City by virtue of Sections 39560 to 39588 of the Government Code of the State of California and Ordinance No. ' S32 of the City of Lake Elsinore, the City Council does hereby declare that the ' weeds, rubbish, refuse, dirt upon or in front of the properties within the property ' as described in Exhibit A are hereby declared to be a nuisance and shall be abated. ~ i , ; j ; _,._.__ ... _._ _- _ _ _ __ _ _ __ - I .. _ --- _ _ ._ _~ . ,,, .- . .. . . . ~ . . . . . i ~ 2. That notices be sent out to the property owners as last shown upon ' the assessment rolls in accordance with the said Government Code, State of ' California, and of said Ordinance, City of Lake Elsinore, California. ' 3. That the said notices shall be in the form set forth in said Government 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. 4. That the list of all property owners to whom notices are to be sent, as well as the location of the property to be posted, are set forth in Exhibit ' A which is attached hereto and made a part hereof by reference. 5. That the City Council does hereby find and declare that the weeds, , rubbish, refuse, dirt, and concrete on the specified parcels of property is ' recurrent and shall be abated in the manner provided for in Section 39561.5 of ' the Government Code of the State of California and in accordance with Ordinance ' S32 of the City of Lake Elsinore, California. ' 6. That the City Council of the City of Lake Elsinore does hereby set , ' the date of June 10 at the hour of 7:00 P.M. in the Council Chambers located in the City Aall of the City of Lake Elsinore, California, to herein consider all , objections to the proposed removal of weeds, rubbish, refuse, dirt and any other unauthorized fill material. ' 7. That thereafter if objections have not been made or the City Council ' has disposed of those made, the City Manager is ordered to abate the nuisance in ' accordance with said Government Code Section and said Ordinance of the City of ' Lake Elsinore, California. , - ' 8. The City Manager 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. 9. That the cost of the abatement in front of or on each parcel of land shall constitute an operational assessment against that parcel. After the assessment has been made and confirmed there shall be made a lien upon said parcel , of property in accordance with said Government Code and the Ordinance of the City. The above resolution was duly presented, approved and adopted this ', 27th day of May , 1986, ', ', by the following vote to wit: ' - 2- r AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, VERMILLION, STRIGOTTE NoES: COUNCILMEMBERS: NONE , AsSENT: COUPJCILMEPABERS: NONE , ABSTENTIONS: COUNCILMEMBERS: NONE ' ~ ~ ~ LEON J. STRIGOTTE, MAYOR City of Lake Elsinore ATTEST: Ann Money, CITY CLERK ty of Lake Elsinore APPROVED AS TO PO STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Money City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 27th day of Ma 1986 , and that it was so adopted by the fol owing vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ 0 ANN MONEY, CITY CL RK C TY OF LAKE ELSINORE (SFML) i i STATE OF CALIFORNIA ) ' ) ss. COUNTY OF RIVERSIDE ) I Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 86-34_ , of said Council, and that the same has not been amended or repealed. DATED: May 29, 1986 ~ ~~ ANN MONEY, CITY CLERK C TY OF LAKE ELSINORE {SEAL)