PC11-080RESOLUTION NO. PC11-080
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
DECLARING PROPERTY WITHIN THE CITY TO BE A PUBLIC NUISANCE AND
ORDERING ABATEMENT OF SUCH NUISANCE AND COLLECTION OF THE COSTS
THEREOF
WHEREAS, State law provides for the abatement of public nuisances, which are
defined as those things injurious to health, offensive to the senses, a violation of law,
or obstruction to the use of property, which affect all or a portion of a community
(Civil Code §§ 3479 and 3480); and
WHEREAS, State law further authorizes a city to adopt an administrative procedure
for the abatement of public nuisances and collection of amounts owing for such
abatement; and
WHEREAS, the City Council of the City of Menifee has adopted Chapter 11.20 of the
Menifee Municipal Code which provides for abatement of public nuisances; and
WHEREAS, alleged nuisance conditions have arisen at 23281 Vista Way (the
"Property") consisting of aggressive bees; and
WHEREAS, pursuant to Section 11.20.040 (c),on June 1, 2011, Code Enforcement
staff summarily abated the following health and safety threats at 23281 Vista Way:
Aggressive bees; and
WHEREAS, thereafter, on June 1, 2011 Code Enforcement staff provided NOTICE
OF PUBLIC NUISANCE AND HEARING TO ABATE to the Property owner at the
addresses listed in the last equalized assessment roll and posted on the Property
and served such notice in the manner required; and
WHEREAS, the nuisance conditions on the Property have been abated as an
emergency abatement without notice as set out in Section 11.20.040 (c); and
WHEREAS, as set out in Section 11.20.040 (c), notice shall be given and a hearing
conducted before the Planning Commission as soon as possible after the emergency
abatement to uphold the emergency abatement process; and
WHEREAS, at the time stated in the notice of hearing, the Planning Commission
duly heard and considered all relevant evidence, including, but not limited to,
testimony from owners (if any), City personnel, witnesses and other interested
parties, and considered staff reports and other written evidence relative to the matter.
NOW, THEREFORE, the Planning Commission of the City of Menifee does
resolve and order as follows:
1. Based upon the evidence presented at the hearing, the Planning
Commission has determined that the presence of aggressive bees on the Property
constituted a public nuisance within the meaning of this Chapter and any other
applicable codes, statutes or regulations that justified emergency abatement. 2. The
Planning Commission further finds that due to the immediate threat to public health and
Resolution No. 11-080
Public Nuisance and Order to Abate
June 14,2011
safety, and an absent owner, the Planning Commission specifically finds that there was
no reasonable ability to provide time for the owner to abate. 3.Menifee Municipal Code
11.20.040(c) permits City Officials and Code enforcement staff to immediately abate a
nuisance that is an immediate threat to public health and safety. 4. City Officials and
Code enforcement staff further are authorized to assess the owner for costs as provided
in Chapter 11.20.
5. This Resolution shall be served on the Property Owner in accordance
with 11.20.060.
6. The decision of the Planning Commission may be appealed to the City
Council as set out in Section 2.20.150. Appeals may be submitted by any interested
person, in writing, and must include the specific grounds for the appeal. All appeals
must be accompanied by a fee of $100. Any appeal must be filed with the City Clerk
(along with the applicable fee) no more than 10 calendar days after adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED THIS 14th DAY.QO uune. 2011.
ATTEST:
G�
nnifer Allen
Planning Commission Secretary