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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