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HomeMy WebLinkAboutCC Reso No 1992-19RESOLUTION NO. 92-19 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS,. RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE 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 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 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; WHEREAS, there is affixed hereto and made a part hereof by reference and marked Exhibit 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 California and Chapter 8.3.2 of the Lake Elsinore Municipal rubbish, refuse, dirt upon or in front of the properties within the property as described in Exhibit A are hereby declared to be 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 are to be sent, as well as the locations of the property are set forth in Exhibit A which is attached hereto and made a 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 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 28, 1992 at the hour of 7:00 p.m. in the Council Chambers located at 545 Chaney 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 thereafter 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 that 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. The above resolution was duly presented, approved and adopted this 24th day of March, 1992, by the following vote to wit: AYES: COUNCILMEMBERS: BUCK, DDMIN,UEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Vicki Kasad, City Clerk . WASHBURN, MAYOR APPROVED AS TO FORM AND LEGALITY: John Har r, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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 24th day of March, 1992, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN ' NE K CITY OF LAKE (SEAL) COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE CITY CLER NORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ] SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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. 92-19 of said Council, and that the same has not been amended or repealed. DATE March 25, 1992 VI .K L NE KA D, CITY CLERK ' CITY OF LAKE E INORE (SEAL)