HomeMy WebLinkAboutCC Reso No 2002-05RESOLUTION NO. 2002-05
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 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, 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 l~azard;
WHEREAS, the City does designate the Code Enforcement Division to enforce the
provisions of Cl~apter 832 and the provisions of the Health and Safety Code of the State of California
as hereinabove set forth;
WHEREAS, the Ciry 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 health hazard;
WHEREAS, there is afTixed 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 pazcel number acwrding 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 tl~e
Health and Safety Code of the State of California and Chapter 8.32 of the Lake
Elsinore Municipal Code, rubbish, refuse, dirt upon or in front of the properties within
the property as descnbed in Eafhibit "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 pf
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 aze to be sent, as well as the
locations of the property are set forth in E~chibit "A" which is attached hereto and
made part hereof by reference.
(5) That the City Council does hereby find and declaze that the weeds, rubbish, refuse,
dirt, and concrete on the specified pazcels of properry 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 Cf~apter 8.32 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 April
9, 2002, at the hour of 7:00pm in the Lake Elsinore Cukural Center, 183 North Main
Street, in the City of Lake Elsinore, California, to herein consider all objections to the
proposed removal of weeds, rubbisk~, refuse, dirt and any other unauthorized fill
material.
(7) That hereafter if objections have not been made or the City Councfl has disposed of
those made, the Code Enforcement Division is ordered to abate the nuisances in
accordance with said Health and Safery Code Section and said Ordinance of the City
of Lake Elsinore, California.
(8) The Code Enforcement Division shall keep an account of the cost of the abatement
in front of ar on each separate 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 wst of the abatement in front of or on each pazcel shall constitute an
operational assessment against the parcel. 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 Ciry of Lake Elsinore at a regulaz
meeting held on February 12, 2002, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NONE
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
NONE
NONE
+ IE KELLEY, MAY
ATTEST:
~~~n
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'VI~KI KASAD, CITY CLERK
APPROVED A5 TO FORM:
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BA ARA LEIBOLD, CITY ATTORNEY
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
12`" day of February, 2002, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER,KELLEY
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABS i A1N: COUNCILMEMBERS:
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4T~ KASAD, CMC, CITY CLERK
CI i Y" CF` LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
NONE
NONE
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. 2002-OS of said Council, and that the same has not been amended or
repealed.
DA~E: February 21, 2002
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`~JICKI KASAD, CMC, CITY CLERK
~'d~'Y OF i,AK~ ELSINORE
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