HomeMy WebLinkAboutCC Reso No 1985-17RESOLUTION No. 85-17
A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA
DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUS~ 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
TITLE 4 OF TAE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
AND ORDINANCE N0. 532, AND PROVIDING FOR A HEARING ON
OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS
AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS.
WHEREAS, there exists in the City of Lake Elsinore, Cali-
£ornia 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 en-
force the provisions of Ordinance No. 532 and the provisions of
the Government Code of the State of California as hereinabove set
forth;
WHEREAS, the City Manager has submitted a list of properties
upon which there is upon the streets, sidewalks, and private
property weeds, rubbish, refuse, dirt, concrete and any other un-
authorized fill which in his opinion constitute a nuisance by
virtue of being a fire and health hazard;
WHEREAS, there is affixed hereto and made a part hereof
by reference.and marked Exhibit A a...list o£ 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 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:
l. That pursuant to the authority granted to the City by
virtue of Sections 39560 to 39588 of the Government Code o£ the
State of California and Ordinance No. 532 of the City of Lake
Elsinore, the City Council does hereby declare that the we'eds,
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.
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
the 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 oE the State of California and in accordance with Ordinance
532 of the City of Lake Elsinore, California.
6. That the City Council of the City of Lake Elsinore
does hereby set the date of March 26 at the hour of 7:00 P.M. in
the Council Chambers located in the,City Hall 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 con£irmed
there s~all 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 12th day of March , 1985,
by the following vote to wit:
AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
~
ARTA VALENZUELA, OR
City of Lake Elsi ore
ATTEST:
~,.,.. „~Y , ~ ~
ty of Lake Els
APPROVED AS TO FORM: