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PC11-081RESOLUTION NO. PC11-081 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 26216 Goldenwood (the "Property") consisting of: food without proper refrigeration left to rot and become infested with vermin; undisposed human waste in the bathrooms; accumulation of trash that would hinder exit from the structure in the event of an emergency, or hinder emergency personnel from entering the structure in the event of an emergency; a noxious odor within the house that also emits to the outdoors, affecting the neighboring properties; accumulation of spoiled foods and trash that harbors vectors throughout the house; and WHEREAS, pursuant to Section 11.20.040 (c), on June 2, June 6, and June 8, and June 13, 2011, Code Enforcement staff summarily abated the following health and safety threats at 26216 Goldenwood: vermin present on the property; 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 in the manner required; and WHEREAS, some of 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, other nuisance conditions on the Property have not been abated by the time set forth in the Notice; 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. Resolution No. 11-081 Public Nuisance and Order to Abate June 14, 2011 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 Property constitutes a public nuisance within the meaning of this Chapter and any other applicable codes, statutes or regulations and that it shall be abated as set out herein. Because the nuisance relating to the vermin presented an immediate threat to public health and safety, and the owner is absent, the Planning Commission specifically determines that there was no reasonable need for provide time for the owner to abate. a. The Planning Commission finds that the immediate threat to public health and safety justified City Officials and Code enforcement staff to abate the nuisance on June 2, 6, 8 and 13, 2011. b. The Planning Commission declares the Property a public nuisance due to the other conditions including food without proper refrigeration, undisposed human waste, excessive accumulation of trash, noxious odor, and conditions attractive to vectors throughout the house which necessitate abatement on (June 2011). b. City Officials and Code enforcement staff further are authorized to assess the owner for costs as provided in Chapter 11.20. 2. This Resolution shall be served on the Property Owner in accordance with 11.20.060. 3. 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 14thl3rCYQ0`June, 2611. Chris Thomas, Chair ATTEST- le-Orifer Allen Planning Commission Secretary