HomeMy WebLinkAboutCC Reso No 2001-04RESOLUTTON NO. 2001-04
A RESOLUTION OF THE CITY OF LAKE ELSINORE
CALIFOItNIA, ESTABLISHING WEED ABATEMENT
ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS,
RUBBISH, REFUSE AND DIILT AS DEFINED IN SECTION 14875 OF
THE I3EALTH AND SAFETY CODE OF THE STA'I'E OF
CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE
MUNICIPAL CODE CONSTTTUTE A NUISANCE AND REQUIRE A
NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN
ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF TH~
HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA
AND CHAPTER 8.32 OF T~E LAI~ ELSINORE 1~IUNICIPAL CODE
AND I~ROVIDING FOR A HEARING ON OBJECTIONS,
TOGETHER WITH FILING OF COS'T REPORTS AND
ASSESSMENTS AGAINST THE LAND FROM OR IN FRONT OF
WHICH THE R'EEDS, RUBBISH, REFUSE AND DIItT ARE
REMOVED.
WHEREAS, there e~sts in the City of Lake Elsinore, California, on certain streets,
sidewalks
and on private property, weeds, trash and other materials as defined in Chapter 8.32 of the Lake
Elsinore Municipal Code and Section 14875 of the Health and Safery Code;
WHE1tEAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill
material as deffned constitute a nuisance in that said rubbish is a fire and health hazard;
WHEREAS, the City does designate the Code Enforcement Division to enforce the
provisions of
Chapter 832 and the provisions of the HealYh and Safety Code of the State of California as
hereinabove set forth;
WHEItEAS, the City Manager has subznitted a list of properties upon which there is upon
the streets, sidewatks, and private property, weeds, rubbish, refuse, dirt, concrete and any other
unauthorized fill which in his opinion constituta a nuisance by virtue of being a fire health hazard;
WHEREAS, there is affixed hereto and made a part hereof by reference and marked Eachibit
"A" a list of a11 properties within the City upon which said weeds, rubbish and refuse ea~ist and
which e~sts by giving its assessors pazcel number according to the official assessrnent 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 declared 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 said Health and Safety Code, State of Califomia,
- and of said Ordinance, City of Lake Elsinore, Califomia.
(3) That the said notices shall be in the form set forth in said Health and Safety Code
anfl 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 E~ibit "A" which is att~ched hereto and
made part hereof by reference.
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(5) That the City Council does hereby find and declare that the weeds, rubbish, refuse,
dirt, and concrete 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 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 April
10, 2001, 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, dirt and any other unauthorized
fill material.
(7) That hereafter if objections have not been macle or the City Council has disposed of
those made,the Code Enforcetnent Division is ordered to abate the nuisances in
accordance with said Heatth and Safety Code Section and said Ordinance ofthe City
of Lake Elsinore, California.
(8) The Code Enforcement Dioision shall keep an accounY 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.
(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 properiy 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 ~t a regular
meeting held on February 27, 2001, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENTa COUNCII..MEMBE1iS:
ABSTAIN: COUNC~I.MEMBERS:
A TEST:
,
~
VICKI KASAD, CTf CL7ERK
APPROVED AS TO
BRINLEY, KELLEY, PAPE, SCHIFFNER
NONE
METZE
NONE
~
ROBERT L. SCHIFF R, OR
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
27`h day of February, 2001, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE,
SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: METZE
ABSTAIN: COUNCILMEMBERS: NONE
/ ~' .
~ ~
~ W~
VICHI KASAD, CMC, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF ffiVERSIDE ) 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
Ftesolution No. 2001-04 of said Council, and that the same has not been amended or
repealed.
DATE: March S, 2001
- ~c~t~--
CHI KAS , M, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)