HomeMy WebLinkAboutCC Reso No 1996-10RESOLLJTION NO. 96-10
A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA,
DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIItT AS
DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF
THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE
ELSII~'ORE MUNICIl'AL CODE CONSTII'tJTE A NUISANCE AND REQUIItE
A NOTIGE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE
~'ITH DIVISION 12, PART 5, CHAP'I'ER 2, OF THE HEALTH AND SAFETY
CODE OF THE STATE OF CALIFOIiNIA AND CHAP1'ER 8.32 OF THE
LAKE ELSINORE MLJNICIPAL CODE AND PROVIDING FOR A HEARING
ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND
ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS.
VVHEREAS, there exists in the City of Lake Eisinore, Califomia, on certain
streets sidewalks and on private property, weeds, trash and other materials as det5ned
in Chapter 8.32 of the Lake Elsinore Municipal Code and Section 14875 of the Health
and Safet~' Code;
WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other
unauthorized fill material as deCmed constitute a nuisance in that said rubbish is a fire
and health hazard;
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;
~i'HEREAS, the City Manager has submitted a list of properties upon which
there is upon the streets, sideNalks, and private propert~~, weeds, rubbish, refuse, dirt,
concrete and am other unauthorized ~11 which in his opinion constitute a nuisance by
virtue of being a~re health hazard;
V1'HEREAS, there is affixed hereto and made a part hereof by reference and
marked Exhibit "A" a list of all proper[ies within the City upon which said weeds,
rubbish and refuse exist and w~hich exists by gi~~ing its assessors parcel number
according to the of~cial assessment for the City of I aAce Elsinore;
NO«', THEREFORE, BE IT RESOLL'ED:
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 hereb}~ declared to be a nuisance and shall be abated.
2. That notices by sent out to the property owners as last shown upon the
assessment rolis 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
Safet~ Code and said Cit~~ Ordinance and that said notices shall be sent at
least ~~e (5) days prior to the time of hearing of objections.
4. That the list of all property ow~ners to whom notices are to be sent, as well
as the locations of the property are set forth in Exhibit "A" µ•hich is
attached hereto and made part hereof by reference.
Page 2
Resolution No. 96-10
5. T'hat the City Council dces hereby fmd and declare t6at the weeds,
rubbish, refuse, dirt, and concrete on the specified parceLs of property is
recurrent and shap 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.
6. That the City Council of the City of Lake Elsinore does hereby set the
date of April 9, 1996, at the hour of 7:00 p.m. in the Lake Elsinore
Cuitural Center, 1183 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 Department 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 show~ing such costs and shall cause said notice to be posed
in accordance w~th 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, APPROVED A:~~ ADOPTED this 13th day of Februar.~v996, at a
regular meeting of the City Council of the City of Lake Elsinore, California, by the
follo~sing ~ ote:
APES: COL~CILA1E:14BERS:
10ES: COL:\CIL'~4EMBERS:
ABSE\T: COt~CILME'.~IBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NONE
NONE
APPRO\'ED AS TO FORVI AND LEGALITY:
~ ~
JOH\ R. HA , ITY ATTOR'vEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, 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 13th day of February,
1996, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~.
~~
VICKI KA , CITY CLERK
~TTY !'?F LARE ~LSINORE
( SFfiS,I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. 96-10 of said
Council, and that the same has not been amended or repealed.
DATED: February 15, 1996
~
Y ~ l .
V'TCK~.w- CITY CLERK
Ci`°Y OF ~F1Y.E ELSINORE
(SEZiL)