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HomeMy WebLinkAboutCC Reso No 1997-17RESOLUIZON NO. 97-17 A RESOLUTION OF THE C1TY OF LAKE ELSINORE CALIFORNTA, DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNfA 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 W1TH 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 W1TH FILING OF COST REPORTS AND ASSF.SSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there exists in the City of Lake Elsinore, Califomia , on certain streets, sidewalks and on private property, weeds, uash and other materials as de&ned in Chapter 8.32 of the Lake Elsinore Municipal Code Section 14875 of the Health and Safety Code; WHEREAS, said weeds, nabbish, refuse, concrete, and dirt and any other authorized fill material as defined constitute a nuisance in that said rubbish is a fire and health hazazd; WHEREAS, the City does designate the Building Department to enforce the provisions of Chapter 8.32 and the provisions of the Health and Safety Code of the State of California as hereinabove set forth; WHEREAS, the City Manager has submitted a list of properties upon which there is upon the street, sidewalks, and private properry, weeds, rubbish, refuse, dirt, concrete and any other unauthorized fill which in his opinion constitute a nuisance by virtue of being a fve health hazard; WHEREAS, there is affixed hereto and made a part hereof by reference and marked E~chibit A a list of all properties within the City upon which said weeds, rubbish and refuse exist and which exists by giving its assessors parcel 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 Califomia and Chapter 832 of the Lake Elsinore Municipal Code, rubbish, refuse, dirt up on 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 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 aze to be sent, as well as the locations of the property aze set forth in E~chibit A which is attached hereto and made part 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 parcels of property is recunent and shall be abated in the manner provided for in Section 14900.5 ofthe Health and Safety Code of the State of California and in accordance with Chapter 832 of the City of Lake Elsinore Municipal Code. Page 2 Resolutiou No. 97-17 6. That the City Council of the City of Lake Elsinore did set the date of Apri18, 1997, at the hour of 7:00 p.m. 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 hearing no objections the City Council hereby directs the Building Department to abate the nuisances in accordance with said Health and Safety Code Section and said Ordinance of the City of Lake Elsinore, California. 8. The Building Department 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 sha11 cause said notice to be posed 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 confumed 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, APPROVED, AND ADOPTED this 8th day of April, 1997, at a Regular Meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ARCTAiN: ('n7TNrTf.MF,MRF.RC~ NnNF. ATTLST: ~ f^ 2 , ~,~ ~~ vTCHI KA~~S:T,, CITY CLERK AP~ROVED AS TO FORM AND LEGALITY: _ ~~'"-I" I" JOHN R HARPER, I ATTORNEY STATE OF CALIFORN7A ) COiTNTY OF RIVERSIDE ) SS: C1TY OF LAKE ELSINORE ) I, VICHI KASAD, C1TY CLERK OF THE C1TY 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 8th day of April, 1997, and that it was so adopted by the followiug vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCII.MEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~J u.e~C vTCHI `a+?::SA1G~ CLERK rtTY OF LALiIE iLSINORE (~i Axd STATE OF CALIFORN~A ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CTTY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFI' that the above and foregoing is a full, true and correct copy of Resolution No. 97-17 of said Council, and that t6e same has not been amended or repealed. DATE: Apri129,1997 ~' ~ _ `"[ Ki S.A7). C TY CLERK l.:'1'~' OT :.P,K.1~ ELSINORE (S`Et'.i.) .