HomeMy WebLinkAboutCC Reso No 1998-04RESOLUTION NO. 98- 4
A RESOLUTIOIV OF THE CITY OF LAKE ELSINORE CALIFORNIA,
ESTABLISHING R'EED ABATEMENT ASSESSMENT LIENS AND DECLARING
THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIIiT AS DEFINED IN
SECTION 14875 OF THE HEALTH AND SAFETY CODE OF TSE STATE OF
CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE M[TNICIYAL
CODE CONSTITUTE 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 A1~D SAFETY CODE OF THE STATE OF
CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MIII~TICIPAL
CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER
VViT'H FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING
PROPERTY OWNERS.
WHEREAS, there e~sts in We 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 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;
WHEItEAS, the City does designate the Building Department to enforce the provisions of
Chapter 8.32 and the provisions of the Aealth and Safety Code of t6e State of California as
hereinabove set forth;
WHEREAS, the City Manager has submitted a list of properties upon which there is upon
the streets, sidewalks, and private property, weeds, rubbish, refuse, dirt, wncrete ac+d 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 Factubit
"A" a list of all properties within the City upon which said weeds, rubbish and refuse exist and wlrich
exists by giving its assessors pucel number according to the official assessment for the City of Lake
Elsinore;
NOW, THEREFORE, BE TT RESOLVED:
(1) That pursuant to the suthority granted to the City by virtue of Section 14875 of the
Health and Safety Code of the State of California snd Chapter 8.32 of the Lake
Elsinore Municipal Code, rubbis}S refuse, dirt upon or in &ont of the properties within
the property as descdbed in Fxlubit "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
California, and of said Ordinance, City of Lake Elsinore Califomia
(3) T6at 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 ai 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 Exhibit "A" wlrich is attached hereto and
made part hereof by reference.
(5) T'hat 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 mam~er provided for in Section 14900.5 of the Health and Safety Code of the
State of Califomia and in accordance with Chapter 8.32 of the City of Lake E(sinore
Municipal Code.
-1-
(6) That the City Counci! of the City of Lake Elsinore does hereby set the date of Aprii
14, 1998, at the hour of 7:OOpm in the Lake EL~nore Cliltural 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 Building Department is ordered to abate the nuisance in accordance
with said Health and Safety Code Section and said Ordinance of the City of Lake
Elsinore, California.
(8) The Building Depmtment shall keep an account of the cost of the abaLement 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 wnstitute an
operational assessment against the parcel. After the assessment has been made and
confirmed there s6all 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 Eisinore at a regulaz
meeting held on March 10, 1998, by the following vote:
AYES: COUNCII.MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COiTNCILMEMBERS:
ABSTAIN: COUNCII.MEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NONE
NONE
A'
'i'3CHI ~AS.AD, CITY CI.ERK
APPR~VED AS TO FORM AND LEGALTl'1':
~
~ ~i ~
B ARA LEIB LD, CIT'1' ATTORNEY
_~
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFOItN7A, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by
the City Council of the City of Lake Elsiuore at a Regular Meeting of said
Council on the lOth day of March,1998, and that it was so adopted by the following
vote:
AYES: COiTNCILMEMBERS:
ALONGI, BRINLEY, KELLEY,
METZE,PAPE
NOES: COiTNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
~ /
~ (~j.,,l ^ f-"".,'"~,`,~ I
CK~'KASAP, r'ITY CLERK
~'ITY ~flF LriIr..E ELSINORE
t3FAL)
STATE OF CALIFORNLA )
COUNTY OF RIVERSIDE ) SS:
C1TY OF LAKE ELSINORE)
NONE
NONE
NONE
I, VICHI KASAD, CTTY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERITFY that the above and foregoing is a full, true and correct copy of
Resolution No. 98-4 of said Council, and that the same has not been amended or repealed.
DATE: Marc6 16, 1998
~ , ~~~~~
~~ JC^^'" "" '
~ CHI IrF_3AZ~, CITY CLERK
CL'~ QF'f~AKE ELSINORE
(SEA.L)