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HomeMy WebLinkAboutCC Reso No 1977-38RESOLUTION N0. 77-38 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS 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 THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE N0. 532, AND PR6VIDING 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, California, 'on certain streets, sidewalks and on private property weeds and other materials as defined in Ordinance No. 532 and Section 39561.5 of the Government Code; WHEREAS, said weeds as defined constitute a nuisance in that said weeds are a fire 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 a list of properties x upon which there is growning upon the streets, sidewalks, and private ~ property weeds which in his opinion constitute a nuisance by virtue of ~ ~ being a fire hazard; WHEREAS, there is affixed hereto and made a part hereof by I reference and marked Exhibit A a list of all properties within the City upon which said weeds exist and which are referred to by commonly known street names and which further describe the property upon which or in front of which ~~ tBe nuisance exists by giving its lot and block number according .o the official li, assessment map of the County of Riverside which'is the public body which does , ' the assessment for the City of Lake Elsinore. i ' 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 Calif- or•i~is and Ordinance No. 532 of the City of Lake Elsinore, the City Council does _~- hereby declare that the weeds growing upon or in front of the properties within the City as described in Exhibit A are hereby declared to be a nuis- ance 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 Gi-ty Ordinance and that said notices sha11 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 on the specified parcels of property are seasonal and~recurrent and shall:be abated in the manner provided for in Section 39561.,5 of the Govern- ment Code of the State of California and in accordance with Ord~inance 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 octobPr i,,~ 19 ~~, 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 weeds, rubbage, refuse and dirt. 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 contractor that has been employed by the City Council in accordance with Section 39576.5 of the Government Code and Ord-- inance No. 532 of the City of Lake Elsinore shall keep the said' account, and shall keep an itemized report for each parcel of land as required by law. -2- 10. 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 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 12th day of ~ temhPr> 19 77 , by the following votes to wit: AYES: NOES: ABSENT: Mayor o the City o ke Els nore