HomeMy WebLinkAboutCC Reso No 2005-015RESOLUTION NO. 2005- 15
A RESOLUTION 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 REQiJIRE 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.
WAEREAS, there exists in the City of Lake Elsinore, California, on certain streets,
sidewalks and on private property, weeds, trash and other materials as defined in Chapter 832 of the
Lake Elsinore Municipal Code and Section 14875 of the Health and Safety Code;
WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill
material as defined constitute a nuisance in that said rubbish is a fire and health hazard;
WHEREAS, the City does designate the Parks and Open Space Division 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;
WHEREAS, the City Manager has submitted a list of properties upon which there is upon
the streets, sidewalks, and private property, weeds, rubbish, refuse, dirt, concrete and any other
unauthorized fill which in his opinion constitute a nuisance by virtue of being a fire and health
hazard;
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 and refuse exist and
which exists by giving its assessors parcel number according to the official assessment for the City
of Lake Elsinore;
NOW, THEREFORE, BE IT RESOLVED:
(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 832 of the Lake
Elsinore Municipal Code, rubbish, refuse, dirt upon or in front of the properties as
described in Exhibit "A" are hereby declazed to be a nuisance and shall be abated.
(2) That notices will be sent out to the properiy 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.
(3) 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.
(4) 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 attached hereto and
made part hereof by reference.
(5) That the City Council does hereby find and declare that the weeds, rubbish, refuse,
dirt, and concrete on the specified pazcels ofproperty 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 Elsinare
Municipal Code.
(6) That the City Council of the City of Lake Elsinore does hereby set the date of April
12, 2005, at the hour of 7:OOpm in the Lake Elsinore Cultural Center, 183 North
Main Street, in the City of Lake Elsinore, Califomia, to herein consider all objections
to the proposed removal of weeds, rubbish, refuse, dirt and any other unauthorized
fill material.
(7) That hereafter if objections have not been made or 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 Secrion and said Ordinance ofthe City
of Lake Elsinore, California.
(8) The Parks and Open Space Division shall keep an account of the cost of the
abatement in front of or on each sepazate parcel of land and shall render a written
report showing such costs and shall cause said notice to be posted in accordance with
law.
(9) That the cost of the abatement in front of or on each parcel shall constitute an
operational assessment against the pazcel. After the assessment has been made and
confirmed there shall be made a lien upon said pazcel of property in accordance with
said Health and Safety Code and the Ordinance of the City.
PASSED AND ADOPTED, by the City Council of the City of Lake Elsinore at a regulaz
meeting held on February 22, 2005, by the following vote:
AYES: COUNCILMEMBERS: sUCKLEY, HICRMAN, KELLEY,
MAGEE, SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NoNE
ABSTAIN: COiINCILMEMBERS: NoNE
~ ~
~ .
Robert MaEee,( pGIAYOR
CITY ATTORNEY
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFORrTIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by
the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the
22nd of February, 2005, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
MAGEE
NOES: COUNCILMEMBERS: SCHIFFNER
ABSENT: COUNCILMEMBERS: NONE
ABr~AIN: COUNCILMEMBERS: NONE
~.'I~'ItI KASEYD, CMC, ~ITY CLERK/
I~iJNlAN ItE~OURCES DIRECTOR
CITY OF L~,KE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICHI 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
Resolution No. 2005-15 of said Council, and that the same has not been amended or
repealed.
DAT~: March 4, 2005
~'3CHI ~{ASAD, CIvIC, GTTY CLERK/
rIiJMAN RESOURCES DIRECTOR
C1TY OF LAKE ELSINORE
(SEAI,)