HomeMy WebLinkAboutOrd. No. 1997-1025
ORDINANCE NO. 1025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE AMENDING SECTION 8.18.090 OF
THE LAKE ELSINORE MUNICIPAL CODE CONCERNING
NUISANCE ABATEMENT COSTS
RECITALS
WHEREAS, the City of Lake Elsinore desires to clarify that, as authorized by Statute,
administrative costs associated with a holding of a nuisance abatement hearing are to be assessed
against the Property Owner upon a Declaration of Public Nuisance, regardless of whether the
ultimate abatement is performed by the Property Owner or by the City; and
WHEREAS, the current Municipal Code is unclear with regard to this issue:
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
SECTION 8.18.090 of the Lake Elsinore Municipal Code is
hereby amended in its entirety as follows:
"HEARING. At the time stated in the notice, the hearing offer shall hear and consider
all relevant evidence relating to the condition of the property. The hearing may continue from
time to time.
_ Upon the conclusion of the hearing, the hearing officer shall determine whether the
premises constitutes a public nuisance. If the hearing officer determines that a public nuisance
exists, the hearing officer shall declare such premises to be a public nuisance and order the
abatement of the same by the property owner within a specified time. Such declaration shall
contain a detailed list of needed corrections or abatement methods.
The costs associated with noticing and holding the hearing shall be an "incidental
expense" pursuant to Section 8.18.120 if the hearing officer determines that a public nuisance
exists, regardless of whether the owner of the City actually abate the nuisance.
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 14 day of January
1997, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
-
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Ordinance No. 1025
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28thctay
of January , 1997, upon the following vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
"
/
"
ABSTAIN: COUNCILMEMBERS: NoNE ,"\
,
ArrEST:... ~
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Vicki Lynne f. aa, City Clerk
City. ot Lake "Elsinore
-
(SEAL)
APPROVED AS
"XiM\,
John Harper, City A or ey
City of Lake Elsinore
-
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 foregoing Ordinance was read by title
only for adoption on January 14, 1997, and passed on January 28, 1997, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEJ\1BERS:
NONE
-
I)(n .j/ I
i)JL2..-\Je^-" I~J\
VICKIKASAD, -CITY CLERK
"CITY eF LAKE ELSINORE
(SE~) -
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. 1025 of said Council, and that the same has not been amended or repealed.
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DATED: January 29, 1997
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.. VIcKikASAD-, ~ITY CLERK
CITY OF Ll''Y&ELSINORE
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