HomeMy WebLinkAboutCC Reso No 1981-55___
RESOLUTION NO. 81-55
A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DECLARING THAT CERTAIN 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 OROINANCE NO. 532 CONSTITUTE A NUISANCE
AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY
OWNER IN ACCORDANCE WITH CHAPTER 13, PART 2, DIVISION
1 3 OF TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIAAND ORDINANCE NO. 532, AND PROVIDING FOR
2 POSTING OF NOTICE TO PROPERTY OWNERS AND PROVIDING
FOR A HEARING ON OBJECTIONS, TOGETHER WITH THE FILING
3 OF COST REPORTSAND ASSESSMENTS AGAINST ABUTTING
PROPERTY OWNERS.
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WHEREAS, there exists in the City of Lake Elsinore, California, on
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certain streets, sidewalks.. and on private property trash and other materials
6 as defined in Ordinance No. 532 and Section 39561.5 of the Government Code;
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WHEREAS, said rubbish, refuse, concrete, and dirt and any other
8 unauthorized fill material as defined constitute a nuisance in that said
9 rubbish is a Eire and health hazard;
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WHEREAS, the City does designate the City Manager to enforce the
I1 provisions of Ordinance No. 532 and the provisions of the Government Code
12 of the State of California as hereinabove set forth;
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WHEREAS, the City Managex has submitted a list of properties upon which
14 there is upon the streets, sidewalks, and private property rubbish, refuse,
15 dirt, concrete, and any other unauthorized fill which in his opinion con-
stitute a nuisance by virtue o£ being a fire and health hazard;
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17 WHEREAS, there is affixed hereto and made apart hereof by reference
18 and marked Exhibit "A" a list of all properties within the City upon .which
said rubbish and refuse exist and which are referred to by commonly known
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street names and which further describe the property upon which or in front
20 of which the nuisance exists by giving its lot and block number according to
21 the official assessment map o£ the County of Riverside which is the public
body which does the assessment for the City of Lake Elsinore.
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23 NOW, THEREFORE, be it resolved:
24 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
25 Ordinance No. 532 of the City of Lake Elsinore, the City Council does hereby
26 declare that the rubbish, refuse, dirt upon or in front of the properties
27 within the property as described in Exhibit "A" are hereby declared to be a
nuisance and shall be abated.
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29 2. That notices be sent out to the property owners as last shown
30 upon the assessment rolls in accordance with the said Government Code, State -
of California, and of said Ordinance, City of Lake Elsinore, California.
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3. That the said Notices shall be in the form set forth in said
;overnment Cbde and said City Ordinance and that said notices shall be sent
it least five (5) days prior to the time of the hearing of objections.
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4. That the list of all property owners to whom notices are to be
;ent, 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,
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
No. 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 September 3, 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 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
Ilth day of August, 1981, by the following vote to wit:
AYES: Mayor Stewart, Councilman tJnsworth, Councilman Baldwin
Councilman 'Porn
NOES: None
ABSENT: None
rry Stewart - Mayor
Cit f Lake Elsinore
c.
ATTEST:
Angel M. Basch - Deputy City Clerk-
City of Lake Elsinore