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HomeMy WebLinkAboutCC Reso No 1999-09RESOLUTION NO. 99- 9 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSE5SMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIItT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNrA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTIT[ITE 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 CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A IiEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there e~sts in the City of Lake Elsinore, Califomia, 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 Heaith 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 Code Enforcement Division to enforce the provisions of Chapter 832 and the provisions of the Health and Safety Code of the State of Califomia as hereinabove set forth; W HEREAS, 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 health hazard; WHEREAS, there is affixed hereto and made a part hereof by reference and marked Exhibit "A" a]ist of all properties within the City upon which said weeds, rubbish and refuse e~cist and which e~cists by giving its assessors pazcel 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 8.32 of the Lake Elsinore Municipal Code, rubbish, refuse, dirt upon or in front of the properties within the property 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 property 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 aze 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 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 8.32 of the City of Lake Elsinore Municipal Code. -2- (6) That the City Council of the City of Lake Elsinore does hereby set the date of April 13, 1999, 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 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 Ordinance ofthe City of Lake Elsinore, California. (8) The Code Enforcement Division shall keep an account of the cost of the abatement in front of or 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 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 AND ADOPTED, by the City Council of the City of Lake Elsinore at a regular meeting held on February 23, 1999, by the following vote: AYES: COUNCILMEMBERS: sRrNLEY, METZE, PAPE, KELLEY NOES: COUNCILMEMBERS: NoNE ABSENT: COUNCILMEMBERS: vACANT ABSTAIN: COUNCILMEMBERS: NONE ~ ~ ~ G ~ KELLEY, M OR ATT~'ST: ~ :, ,--La~~~~ FTICKT KASAD; CITY CLERK APPROVED AS TO FORM AND LEGALITY: B ARA L BOLD, 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 23rd day of February, 1999, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VACANT ABSTAIN: COUNCILMEMBERS: NONE ~,< /:-~="a.c~.v ~ VI~HI KASAD, CITY CLERK C?'~'Y O1F LAKE ELSINORE ~Sr ~) ST~,TE OF CALIFOItNIA ) 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. 99-9 of said Council, and that the same has not been amended or repealed. DATE: February 24,1999 ~ ~~ ~JICHI i{ASAI9, r'ITY CLERK CITY t'~F LAKE ELSINORE ; (SEAL)