HomeMy WebLinkAboutCC Reso No 1981-09RESOLUTION N0. gl-g
A RESOLUTION OF THE CITY OF LAKE ELSINORE
CALIFORNIA, DECLARING THAT CERTAIN RUBBISH
AS DEFINED HEREIN AND IN SECTION 39560 OF
THE GOVERNMENT CODE OF THE STATE OF CALIF-
_ ORNIA AND ORDINANCE N0. 532 CONSTITUTES A
NUISANCE AND REQUIRES A NOTICE TO BE GIVEN
TO THE PROPERTY OWNER IN ACCORDANCE WITH
CHAPTER 13, PART 2, DIVISION 3 OF TITLE 4
OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA AND ORDINANCE N0. 532, AND BRO-
`_,, VIDING FOR POSTING OF NOTICE TO PROPERTY
OWNERS 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, Calif-
ornia, on certain streets, sidewalks and on private property rubbish
defined as; dead trees, shrubs, debris and/or unsafe, hazardous materials
•or miscellaneous structures which shall also include dirt or any other
unauthorized fill materials and further defined in Ordinance No..532 and
Section 39561.5 of the Government Code; which shall hereinafter be re-
fered to as rubbish.
WHEREAS, said rubbish as defined constitute a nuisance in
that said rubbish is a fire hazard and a safety 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 of California as hereinabove set forth;
WHEREAS, the City Manager has submitted list of properties
upon which there located upon the streets, sidewalks, and private
property rubbish which in his opinion constitute a nuisance by virtue
of being a fire hazard and safety hazard;
WHEREAS, there is affixed hereto and made apart thereof by
reference and marked Exhibit A a list of all properties within the City
upon which said rubbish exists 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 lot and block
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.
q, ~ 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 Californ2a and Ordinance No. 532 of the City of Lake Elsinore, the
City Council does hereby declare that the rubbish located upon or in
front of the properties within the City as described in Exhibit A is
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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
rubbish on the specified parcels of property is indeed hazardous and shall
be abated in the manner provided for in Section 39560.5 of the Government
Code of the State of California and in accordance with Ordinance 532 of
the City of Lake Elsinore, California.
6. 'I'hne the. C:i.ty Counci]. of the City of Lake Elsinore does
hereby set the date of March 24, 1981, at the hour of 7:30 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 dead trees, shrubs, debris and/or unsafe, hazardous materials ox'
miscellaneous structures, dirt or any other unauthorized fill materials.
7. That thereafter if objections have not been made or the
City Council has disposed of (hose 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 abatement in front of or on each parcel
~ of Land shall constitute an operational assessment against that parcel.
After the assessment has tieen 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.
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The above resolution was. duly presented, approved and
adopted on this 10th day of March 1981
by the following vote to wit:
AYES:' Torn, Unsworth, Baldwin, Harris, Stewart.
NOES:. None _ ,
ABSENT: None a
. s/Jerrv Stewart
Jerry Stewart -Mayor
CITY OF LAKE ELSINORE
ATTEST: -
l
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Florene Marshall -City Clerk
CITY OF LAKE ELSINORE