HomeMy WebLinkAboutCC Reso No 2000-09RESOLUTION NO. 2000-9
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 CONSTIT[TTE A NUISANCE AND REQUIItE 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
CALII+ORNLA AND CHAPTER $.32 OF THE LAKE ELSINORE MUNICIPAL
CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER
WITH FILING OF COST REPORTS ANb ASSESSMENTS AGAINST ABIJTTING
PROPERTY OWNERS.
WFiEREAS, there exists in the City of Lake Elsinore, Ca}ifomia, on certain streets, sidewalks
and on private property, weeds, trash and other materials as defined 'm Chapter 8.32 of the Lake
Elsinore Municipal Code and Section 14875 ofthe Health and Safety Code;
WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill
material as defined constitute a m»sance in that said rubbish is a Sre and health hTZard;
WHEREAS, the City does designate the Code Enforcement Division to enforce the
provisions of Chapter 832 and the provisions of the Heaith and Safety Code of the State of California
as hereinabove set forth;
WHEREAS, the City Manager bas 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 wluch in his opinion constitute a nuisance by vir[ue of being a fire heatth 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 wlrich said weeds, rubbish and refuse exist and which
exists by giving its assessors pazcel number accord'mg to the o~cial 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 within
the properry as descnbed 'm 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 Heakh and Safety Code, State of
Californiay and of said Ordinance, City of Lake Elsinore, California.
(3) That the said notices shaIl 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 E~u'bit "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 pazce]s 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 Califorxria and in accordance with Cl~apter 832 of the Ciry of Lake Elsinore
Municipal Code.
(6) That the City Council of the City of Lake Elsinore does hereby set the date of April
11, 2000, at the how of 7:00pm in the Lake Elsinore C~ltiu~al 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.
( n That hereafter if objections haue not been made or the City Council has disposed of
those made, the Code Enforcement Division is ordered to abate the nuisances in
accordance with said Health and Safety Code Section and said Ord'mance of the City
of Lake Elsinore, Califomia.
(8) The Code Enforcemern 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 sha11 cause said notice to be posted in accordance with law.
(9) That the cost 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 ofproperty in accordance with
said Health and Safety Code and the Ordinance of the City.
PASSED AND ADOPTED, by the Ciry Council of the City of Lake Elsinore at a regular
meeting held on Febmary 22, 2000, by the following vote:
AYES:
1VOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
VICKI KASAD, CITY CLERK
APPROVED AS TO FORM:
,
B ARA LE OLD, C TY ATTORNEY
-2-
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
22"a day of February, 2000, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: BRINLEY, METZE,PAPE,
5CffiFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
_ C ~ AD~~ CLERK
CITY OF LAKE 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. 2000-9 of said Council, and that the same has not been amended or
repealed.
DATE: February 23, 2000
~~~Y CLERK
~
CITY OF LAKE ELSINORE
(SEAL)