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HomeMy WebLinkAboutOrd. No. 2004-1135 ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WEED AND RUBBISH ABATEMENT WHEREAS, Chapter 8.32 of the Lake Elsinore Municipal Code establishes the procedures for weed and rubbish abatement for'the City of Lake Elsinore; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to amend and restate Chapter 8.32 ofthe Lake Elsinore Municipal Code in order to enhance fire prevention practices and eliminate public nuisances in the City of Lake Elsinore; and THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Subsection B. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal Code is hereby redesignated as Subsection C. of Section 8.32.010. That Subsection B. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal Code is hereby added as follows: B. "Rubbish, refuse and dirt" includes unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed by any structure or otherwise consist of such matter as trash, rubble, asphalt, and accumulated dirt from other sites or for which there is no City approved grading permit. That Subsection D. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal Code is hereby added as follows: D. designee. That Subsection C. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal Code is hereby redesignated as Subsection E. of Section 8.32.0 I 0, and is hereby amended to add as follows: "Superintendent of Public Works" means the Director ofCommunity Services or 6. Any accumulation of dry grasses or other flammable vegetation within fifty (50) feet of any above ground flammable liquid. 7. Trees, if determined to increase the fire hazard, due to mortality, insect infestation, disease, or lack of maintenance. I f" SECTION 2: That Section 8.32.035 is hereby added to Chapter 8.32 ofthe Lake Elsinore Municipal Code as follows: 8.32.035 Weed Abatement Guidelines The Superintendent of Public Works shall prepare weed abatement guidelines to assist property owners in meeting the requirements of this chapter. Such guidelines shall be available to the public at no charge. SECTION 3: That Section 8.32.040, within the second sentence, the words "same calendar year" are hereby deleted and such deleted words are replaced as follows: "within the one year period following adoption of the resolution as provided in this chapter" SECTION 4: That Section 8.32.055 is hereby added to Chapter 8.32 of the Lake Elsinore Municipal Code as follows: 8.32.055 Recurrent Rubbish - Abatement Notice At the time it adopts the resolution as provided in this chapter, the City Council may also find and declare that rubbish, refuse and dirt on specified parcels of property are recurrent nUIsances. Such recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same one year period, no further hearings need be held and it shall be sufficient to mail a postcard notice to the owner of the property as they and their addresses appear upon the current assessment roll. The notice shall refer to and describe the property and shall state that rubbish, refuse and dirt of a recurrent nature are present on the property and that same constitute a public nuisance which must be abated by removal of such rubbish, refuse and dirt, and that otherwise they will be removed and the nuisance will be abated by City authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such rubbish, refuse and dirt are removed and that, upon confirmation, such cost will constitute a fine upon such parcel or lands until paid. SECTION 4: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereofto any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5: NOTICE OF ADOPTION The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. 2 SECTION 6: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this ~ day of December , 2004, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER BUCKLEY NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this ~ day of December ,20011, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE f~t~J Vicki Kasad, City Clerk 3 - 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 introduced and read by title only on the 14th day of December, 2004, and presented for second reading by title only for adoption on the 28th day of December, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE - , B~T~J')/ C;lCILMEMBERS: K~. VICKI KASAD, CITY CL RK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1135 of said Council, and that the same has not been amended or repealed. ~ED' ,_Dle b 30, 2004 ~ I CKI KASA , CIT~RK CITY OF LAKE ELSINORE (SEAL)