HomeMy WebLinkAboutCC Reso No 1994-16RESOLUTION NO. 94-16
A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DECLARING TAAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS
DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF
THE 5TATE OF CALIFORNIA 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
WITA 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 WITH FILING OF COST
REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS.
WHEREAS, there exists in the 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.
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 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 and health hazard;
~ i WHEREAS, there is affixed hereto and made a part hereof by
i. reference and marked Exhibit "A" a list of alI 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 Sate 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 declared 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 Ordinances 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 Exhibit "A" which is attached hereto and
made part hereof by reference.
Page 2
Resolution No. 94-16
5. That the City Council does hereby find and declare that
the weeds, rubbish, refuse, dirt, and concrete on the
specified parcels 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.
6. That the City Council of the City of Lake Elsinore does
hereby set the date of April 12, 1994, 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 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 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 of and 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 AND ADOPTED this 8th day of March, 1994, at
a regular meeting of the City Council of the City of Lake Elsinore,
California, by the following vote:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE~
M. WASHBURN~ MAYO
OF LAKE ELSINORE
CKI KASAD, C
APPROVED AS TO FORM AND LEGALITY:
~~
JOHN R. HARPE , ITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
2, 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 8th day of March, 1994, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY~ DOMINGUEZ,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
, C TY CL RK
CITY OF Y,AKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SSs
CITY OF LAKE ELSINORE )
Y, 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. 94-16 of said Council, and that the
same has not been amended or repealed.
DATED: March 18, 1994
l~~
KI ICASAD, CITY CLERK
CITY OF LAKE EL~INORE
(SEAL)