HomeMy WebLinkAboutCC Reso No 2004-14RESOLUTION NO. 2004- 14
A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA,
ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING
THAT CERTAIN VVEEDS, RUBBISH REF'[JSE 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 1VIUNICIPAL
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 LAI~ ELSINORE MUlvICIPAL
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, trash and other materials as defined in Chapter 832 ofthe
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 consfitute 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 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 viriue of being a fire and health
hazazd;
WHEREAS, there is affixed herefo 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 iefuse exist
and which exists by giving its assessors pazcel number accordingYo the official assessment for the
City af 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 Califomia 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 declared
to be a nuisance and shall be abated.
(2) 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 Caiifomia, and of said Ordinance, City
of Lake Eisinore, 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 pronerty owners to whom notices aze 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 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 832 of the City of Lake Elsinore Municipal Code.
(6) That the City Council of the City of Lake Elsinore does hereby set the date of Febniary 24,
2004, at the hour of 7:00 p.m. 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 ofweeds,
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 Pazks 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, Califomia.
(8) The Parks and Open Space Division shall keep an account of the cost of the abatement in
front of or on each sepazate pazcel 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 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Elsinore at a
regular meeting held on February 24, 2004, by the following vote:
AYES:
NOES:
COUNCILMEMBERS
COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NONE
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
V \ /~
~
VICHI KASAD, CITY CLERK
APPROVED AS TO FORM:
ARA LEIBOLD, CITY ATTORNEY
NONE
NONE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, 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
24~n of February, 2004, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AIN: COUNCILMEMBERS:
VICT~I KASAD, CMC, CTTY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NONE
NONE
NONE
I, VICKI 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. 2004-14 of said Council, and that the same has not been amended or
repealed.
Apri114, 2004
VICHI KAS~D, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)