HomeMy WebLinkAboutOrd. No. 1995-0994
ORDINANCE NO. 994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 18 OF TITLE 8, OF THE LAKE ELSINORE MUNICIPAL
CODE RELATING TO NUISANCE ABATEMENT.
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WHEREAS, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
In order to more closely address the public necessity and
convenience and general welfare and to further the purposes
of Chapter 18 of Title 8 of the Lake Elsinore Municipal Code;
and
In order to clarify certain provisions introduce new
standards, and provide requirements which are more closely
related to the community needs.
Certain portions of Chapter 18 of Title 8 of the Lake
Elsinore Municipal Code are hereby amended to read as follows:
8.18.060 Initiation of proceedings.
Upon determination by the Code Enforcement Officer that
any premises wi thin the City are maintained in such a
manner as to constitute a public nuisance, the City
Manager shall direct that a hearing be conducted to
ascertain whether the same constitutes a public nuisance.
The notice of hearing shall be served as provided in this
chapter and shall describe the premises involved by street
address, legal description of assessor's parcel number,
shall give a brief description of the conditions
constituting the nuisance, and a brief statement of the
proposed methods of abatement. The City Manager shall
appoint two hearing officers to be selected from members
of the Planning Commission or any other persons deemed
appropriate. The notice shall advise the owner what
corrections need to be done to avoid a public hearing, may
suggest methods for correction, and shall provide a
reasonable period to make those corrections.
8.18.100 Appeal.
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Any person entitled to notice of the hearing who has
participated in that hearing and who is dissatisfied by
the determinations of the hearing officer, may appeal
those determinations to the City Council by filling an
appeal with the City Clerk within ten days of the date of
being first apprised of those determinations and by paying
the appeal fee set by resolution. The City Council shall
set a hearing date within a reasonable time following the
filing of the appeal and shall hold the hearing at a
regularly scheduled Council Meeting. The appeal shall
specify:
A. A description of the property.
B. The abatement proceedings appealed.
C. The owner's legal or equitable interest in the
property.
PAGE TWO
ORDINANCE NO. 994
D.
E.
A statement of disputed and undisputed facts.
A statement specifying that portion of the
proceedings that are being appealed, together with
any evidentiary or supporting materials that would
support the appeal.
A verification of the truth of all matters asserted.
The City Council may limit the issues on appeal, may
consider the record produced for the hearing
officer, and may allow additional evidence to be
produced. Notice shall be provided to the appellant
utilizing substantially the same procedure as
required for the hearing before the hearing officer.
In said notice the appellant will be apprised of the
scope of the appeal. The decision of the City
Council shall be the final and binding action and
the property owner shall be so notified of its
determinations.
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F.
8.18.110 Abatement of nuisance by City.
I f the nuisance is not completely abated by the date
specified in the hearing officer's declaration, or in the
City Council's determination, as appropriate, the City
Manager may immediately cause the same to be abated by
City personnel or under private contract in accordance
with the law. The hearing officer or City Council are
also authorized to grant reasonable extensions on the time
period for abatement based on a proper showing by the
property owner of extenuating circumstances made before
the date of City abatement. The owner of the premises
shall be liable to the City for all costs of such
abatement, including administrative cost.
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day
of February, 1995, upon the following roll call vote:
AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th
day of March, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BENDER, BRINLEY, PAPE, WASHBURN
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NOES: COUNCILMEMBERS:
ALONGI
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
AT{tEST:
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VICKI KASAn, CITY CLERK
APPROVED AS TO FO
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NONE
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M. WASHBURN, MAYOR
OF LAKE ELSINORE
JOHN R. HARPER,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
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I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on February 28, 1995, and passed on March 14th,
1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: NONE
(- .' ABS'i'AIN:
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ICKI !<.ASAD ,~fIT<. CLERK
CITY OF LAKE ELSINORE
COUNCILMEMBERS:
NONE
( SF..AL)
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 994 of said council, and that the
same has not been amended or repealed.
DATED: March 6, 1995
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VICKI KA AD, CITY CLERK
CITY 0;" ~E EL~ INORE
(SEAL)