HomeMy WebLinkAboutCC Reso No 2006-022RESOLUTION NO. 2006-22
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 832 of the Lake Elsinare 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 Parks and Open Space Division 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 affixed hereto and made 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.
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
CITY COUNCIL RESOLUTION NO. 2006-
Page 2 of 3
of the Lake Elsinore Municipal Code, weeds, rubbish, refuse, and unpermitted dirt piles
upon or in front of the properties as described in E~chibit "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 whoin notices are to fie sent, as well
as the locations of the property are set forth in E~ibit "A" which is
attached hereto and made part hereof by reference.
(D) That the City Council does hereby find and declare that the weeds, rubbish,
refuse and unpermitted dirt piles on the specified parcels of properiy 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 Califomia and in accardance
with Chapter 8.32 of the City of Lake Elsinore Municipal Code.
(E) Tkiat the City Council of the City of Lake Elsinore does hereby set the date
of April 11, 2006, 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 ar the City Council has
disposed of those made, the Parks and Open Space Division 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 Parks and Open Space Division 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
CITY COUNCIL RESOLUTION ND. 2006-
Page 3 of 3
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 this ~~ day of ~ c,, ~, 2006,
by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
City of Lake
ATTES :
rederick R , City Clerk
City of Lake Elsinore
.
City Attorney
City of