HomeMy WebLinkAboutCC Reso No 2008-024RESOLUTION NO. 2008-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS
AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT
AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF
THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE
MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO
BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION
12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE
STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE
MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS,
TOGETHER WITH 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, rubbish, refuse and dirt as defined in
Chapter 8.32 of the Lake Elsinore Municipal Code; and
WHEREAS, said weeds, rubbish, refuse, and dirt constitute a nuisance that is a
fire and health hazard; and
WHEREAS, the City does designate the Public Works Department to enforce the
provisions of Chapter 8.32 and the provisions of the Health and Safety Code of the
State of California as hereinabove set forth; and
WHEREAS, the City Manager has submitted a list of properties upon which there
is upon the streets, sidewalks, and private property, weeds, rubbish, refuse, and
unpermitted dirt piles, which constitute a nuisance by virtue of being a fire and health
hazard: and
WHEREAS, there is a part hereof by reference and marked Exhibit "A" a list of all
properties within the City upon which said weeds, rubbish, refuse and unpermitted dirt
piles exist and which exists by giving its assessors parcel number according to the
official assessment for the City of Lake Elsinore and is available for review with the City
Clerk of the City of Lake Elsinore.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS: .
SECTION 1. That pursuant to the authority granted to the City by virtue of
Section 14875 of the Health and Safety Code of the State of California and Chapter
8.32 of the Lake Elsinore Municipal Code, weeds, rubbish, refuse, and unpermitted dirt
piles upon or in front of the properties as described in Exhibit "A" are hereby declared to
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be a nuisance and shall be abated. Exhibit "A" is available for public review in the City
Clerk's office
(A) That notices will be sent out to the property owners as last shown upon
the assessment rolls in accordance with the said Health and Safety Code,
State of California, and of said Ordinance, City of Lake Elsinore,
California.
(B) That the said notices shall be in the form set forth in said Health and
Safety Code and said City Ordinance and that said notices shall be sent at
least five (5) days prior to the time of Hearing of objections.
(C) That the list of all property owners to whom notices are to be sent, as well
as the locations of the property are set forth in Exhibit "A" which is on file
with the City Clerk of the City of Lake Elsinore.
(D) That the City Council does hereby find and declare that the weeds,
rubbish, refuse and unpermitted dirt piles on the specified parcels of
property is recurrent and shall be abated in the manner provided for in
Section 14900.5 of the Health and Safety Code of the State of California
and in accordance with Chapter 8.32 of the City of Lake Elsinore
Municipal Code.
(E) That the City Councii of the City of Lake Elsinore does hereby set the date
of April 8, 2008, at the hour of 7:OOpm in the Lake Elsinore Cultural
Center, 183 North Main Street, in the City of Lake Elsinore, California, to
herein consider all objections to the proposed removal of weeds, rubbish,
refuse, and unpermitted dirt piles.
(F) That hereafter if objections have not been made or the City Council has
disposed of those made, the Public Works Department is ordered to abate
the nuisances in accordance with said Health and Safety Code Section
and said Ordinance of the City of Lake Elsinore, California.
(G) The Pubiic Works Department shail 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.
(H) That the cost of the abatement in front of or on each parcel shall constitute
an operational assessment against the parcel. After the assessment has
been made and confirmed there shall be made a lien upon said parcel of
property in accordance with said Health and Safety Code and the
Ordinance of the City.
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SECTION 2. This resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED on this 12th day of day of Februarv
2008. ~~ ~ ~
~
AT EST: ~
,a--
VIVIAN M. MUNSON
CITY CLERK
APP ~OVED AS F R .
~
B BARA ZE LEI OLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
~ KELLEY, MAYQR~ PRO
OF LAKE ELSINORE
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. ~nns-~4 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting heid on the iB th day of ~ebruary 2oos , and that the
same was adopted by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
MAYOR PRO TEM KELLEY, C~
COUNCILMEMAER SCHIFFNER
NONE
NONE
MAYOR HICKMAN
VIVIAN M. MUNSON
CITY CLERK
BUCKLEY, COUNCILMEMBER MAGEE,
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