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