HomeMy WebLinkAboutCC Reso No 1982-35RESOLUTION N0.82-35
A RESOULTION OF THE CI~fY OF L~KF FLSINORE, CALIFORNIA
DECLARING THAT CERTAIN RUBBISH, REFUSE AND DIRT APID
ANY OTHER UNAUTHQRIZED FILL MATERIRLS AS DEFINFD IM
SECTION 39590 OF THE GOVERAIMEN7 CODE OF THE STATE Or"
CALIFORNIA AND ORDINANCE N0. 532 CONSTITUTE A NUISANCE
AND REQUIRE A NOTICE TO BE GIVEN TO TNE PROPERTY
1 ObJNER IN ACCORDANCE WITH CHAPTER 13, PART 2, DIVISION
3 OF TITLE 4 OF THE GOVERN"4ENT CODE OF TNE STATE OF
2 CALIFORNIA APJD OP.DINANCE PdO. 532, APJD PRO~IIDING FOP,
POSTING OF NOTICE TO PROPERTY QWPdFRS AND PROVIDING FOR
3 A HEARING QN OBJECTIONS, TOGETNER WITH THE FILLI~dG OF
COST REPORTS AND ASSESSMENTS AGAINST ASUTTIN~ PROPEP.TY
4 04JNERS.
5 WHEREAS, there exists in the City of Lake Elsinore, C,alifornia, on
6 certain streets, sidewalks and on private property trash and other materials
7 as defined in Ordinance No. 532 and Section 39561.5 of the Government Code;
$ 41HER~AS, said rubbish, refuse, concrete, and dirt and any other
9 unauthorized;fill material as define~l constitute a nuisance in that said
7~0 rubbish is a fire and_health hazard;
11 WHEREAS, the City does designate the City ~1anager to enforce the
12 provisions of Ordinance No. 532 and the provisions of the Government Code of
13 the State of California as hereinabove set forth;
14 ~dNFREAS, the City Manager has submitted a list of properties upon u~hich
15 there is upon the streets, sidewalks, and private property rubbish, refuse,
16 dirt, concrete, and any other unauthorized rill which in his opinion constitute
17 a nuisance by virtue of being a fire and health hazard;
1$ WHEREAS, there is affixed hereto and made a oart hereof by referance
19 and marked exhibit A a list of all properties within the City upon which
20 said rubbish and refuse exists and which are referred to by commonly known
21 street names and which further describe the property upon which or in front
22 of ~vh7,ch the nui:sance exlsts 6y~giving its lot and 6Tock number according to
23 the offi.'clal assessment mdp of tFie County of RrVerside wti%ch i;s the public
2a 6ody wfi.i;ch. does the assess;ment fqr tlis City of Lake [lsinore,
25 NQC~Iz ?FIEREFOR~, 6e i't resol~ved:
26 1, That nursuant to the aut6.orlty granted to the City by Ylrtue of
27 Sections 3956Q to 39538 of t6.e Govet^nment Code of the State of Ca,lifornia and
28 Qrdlndnce No, 532 of the Clty of Lake Elsi`nore, the CZty Counci;l does heCeby
29 decla,re tb.a,t the ru6bis!~, refuse, dirt upon or in front of tfie properties
30 W1thi;n tfie property as described in EzYii6i't A, are here6y declared to be a
31 nui,~ance, ~nd s6a11 6e a6ated..
32 2, Tkiat notlces 6e sent out to tfie property owners a,s last shown
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upon the assessment rolls in accordance ~Nith the said Government f,ode, State
of California, and of said Ordinance, City of Lake Flsinore, 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 fity Council does hereby find and declare that the rubhish,
refuse, dirt, and concrete on the specified parcels of property is recurrent
and shall be abated in the manner orovided ror in Section 39551.5 of the
Government Code of the State of California and in accordance with nrdinance 53~
of the City of Lake Elsinore, California.
6. That the City Council of the City of Lake Elsinore does hereby set
I the date of May z5, 193?_, at the hour of 7:3(J 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 rubbish, refuse, dirt and
any other unauthorized fil] material.
7. That thereafter if objections have not been made or the City
Council has disposed of those made, +he City Manager is ordered to ahate the
nuisance in accordance with said ~overnment Code Section and said Ordinance of
the City of Lake Flsinore, California.
8. The City Manager shall keep an account of the cost of the
, abatement in front of or on each separate narcel of land and shall render
a written report showinq such costs and shall cause said notice to be oosted
in accordance with ~aw.
9. That the cost of the abatement in front of or on each oarcel of
land shall constitute an operational assessment against that parcel. ,4fter
the assessment has been made and confirmed there shall be made a lien upon
said parcel of nroperty in accordance with said Government Code and the
Ordinance of the City.
?he above resolution was duly presented, approved and adopted
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this llth day of
following roll call vote:
, 1982, by the
AYES: KNIGHT, MAC~9URRAY, TORN, VALENZUELA, UNS~rJORTH
NOES: NONE
ABSERT; pJONE
APSTENTIONS: NONE
, t92w.,.
HO I TORN, P1AYOR PR0 TE~~
City of Lake Elsinore
ATTFS?:
.~'/ii ~.dd~1~Gl )~~ILL.'9'~
'~orah Ai Harrington,~ - --
City of Lake Elsinore