HomeMy WebLinkAboutCC Reso No 2007-016RESOLUTION NO. 2007-16
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 CALIFOI2NIA 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 ABVTTING
PROPERTY OWNERS
WHEREAS, there exists in the City of Lalce Elsinore, California, on certain
streets, sidewalks and on private property, weeds, rubbish, refuse and dirt as
defined in Chapter 832 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 Community Services Deparhnent
to enforce the provisions of Chapter 832 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 viriue 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
unpernutted dirt piles exist and which exists by giving its assessor's parcel number
according to the official assessment far the City of Lake Elsinore and is available
far review with the City Clerk of the City of Lake Elsinare.
CITY COi1NCIL RESOLUTION NO. 2007-16
PAGE 2 OF 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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 unperxnitted
dirt piles upon or in front of the properties as described in Exhibit "A" are hereby
declared to be a nuisance and shall be abated.
(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 far in
Section 14900.5 of the Health and Safety Code of the State of
California and in accardance with Chapter 832 of the City of Lake
Elsinore Municipal Code.
(E) That the City Council of the City of Lake Elsinore does hereby set the
date of April 10, 2007, 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 unpernutted dirt piles.
(F) That hereafter if objections have not been made or the City Council
has disposed of those made, the Community Services Deparhnent is
CITY COUNCIL RESOLUTION NO. 2007-16
PAGE 3 OF 4
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 Community Services Department 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.
(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.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED~ APPROVED AND ADOPTED th1513 day of Februarv ,
2007, by the following vote:
AYES: COUNCILMEMBERS: su~kley, xelley, Schiffner., rtagee
NOES: COLJNCILMEMBERS:lvone
ABSENT: COUNCILMEMBERS: xickman
ABSTAIN: COUNCILMEMBERS:
Robert E.1V'T~
City of Lake
CITI' COUNCIL RESOLUTION NO. 2007-16
PAGE 4 OF 4
ATTEST:
~ ~(a~,~ ~~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
AP~ROVED S T~
i` ~
~.
i
bara Ze' Leibold, City Attomey
City of Lake Elsinore