HomeMy WebLinkAboutAgenda Report - October 19, 2005 I-02 PHAGENDA ITEM 1"40L
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Review, Adopt, and Confirm the Cost Report for City Weed
Abatement on properties located at 1527 Magic Lane, Lodi, CA (APN 031-250-44)
and 1315 Industrial Way, Lodi, CA (APN 049-250-67)
MEETING DATE: October 19, 2005
PREPARED BY: Division Chief Verne Person
RECOMMENDED ACTION: That following a public hearing regarding the matter, the City
Council adopt a resolution confirming the cost of weed abatement
for properties located at 1527 Magic Lane (APN 031-250-44) and
1315 Industrial Way (APN 049-250-67) and providing for collection
through the San Joaquin County Auditor's Office.
BACK41ROUND INFORMATION: Process for weed abatement was begun on April 26, 2005, for
abatement of parcel located at 1527 Magic Lane (031-250-44),
which is owned by Gary Koepplin of 14541 N. Curry Ave, Lodi,
California. On June 17, 2005, the property was posted and written
notification from the City Clerks office was sent to the property owner. The City of Lodi Purchasing Agent
was notified on July 15, 2005, of non-compliance and a request for bids to abate the property was sent.
Del Rio Gardening was hired by the City to remove the weeds on the property and the lot abated on
August 29, 2005. The cost for abatement is $300.00.
Process for weed abatement was begun on April 26, 2005 for abatement of parcel located at 1315
Industrial Way (049-250-67), which is owned by Melinda Barbara, P. O. Box 789, Lodi, California. On
June 17, 2005, the property was posted and written notification from the City Clerks office was sent to the
property owner. The City of Lodi Purchasing Agent was notified on July 15, 2005, of non-compliance and
a request for bids to abate the property was sent. Sun Harvest Inc. was hired by the City to remove the
weeds on the property and the lot abated on September 6, 2005. The cost for abatement is $675.00.
The City Council approved a fee schedule for the fire department, which was approved and implemented
on July 1, 2005. The administrative charge for weed abatement was approved at $150. The fire
department did not include this fee with these two parcels parcel due to the weed abatement process
was begun before the July 1, 2005 implementation of the fee schedule. The administrative charge will be
included in all future parcels abated by the city. The cost for abatement is only the cost of services
provided by the private contractor hired by the city through the bid process for each parcel.
The public hearing is being held pursuant to Government Code Section 38773.1. (a) and Lodi Municipal
Code Section 15.31.120. Written notification of the public hearing was mailed to the property owner in
accordance with Government Code Section 38773.1. (b).
APPROVED:
, City Manager
Therefore, it is recommended that the following the public hearing the City Council adopt a resolution
confirming the cost of weed abatement for properties located at 1527 Magic Lane (APN 031-250-44) and
1315 Industrial Way (APN 049-250-67) and providing for collection through the San Joaquin County
Auditor's Office. The Fire Marshal will be at the October 19, 2005, City Council meeting to present the
staff report and answer any questions the Council may have.
FISCAL IMPACT: Funding will come from the Fire Department account 102017 for the 2006-
06 fiscal year. Property owners are billed and if no payment is received, a
notification is submitted to the San Joaquin County Tax Auditor and a lieu is
placed against the property the following August. When the payment is
received it is credited back into the 102017 account to allow a balanced
amount.
FUNDWG AVAILABLE: None required.
Veme Person
Fire Marshal
vRP
When Recorded, Please Return to:
Ladi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2005-225
A RESOLUTION OF THE LODI CITY COUNCIL
CONFIRMING THE COST OF WEED ABATEMENT FOR
THE YEAR 2005 AND PROVIDING FOR COLLECTION
BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE MATTER OF:
Resolution Confirming the Cost of Weed Abatement
for 2005 and Providing for the Collection
on the Regular Tax Bill
WHEREAS, pursuant to Lodi Municipal Code Chapter 15.31, notice was posted
on the properties on June 17, 2005, declaring that weeds and/or refuse situated on
certain lots located in the City of Lodi were a public nuisance; and
WHEREAS, said notice required weeds and/or refuse to be destroyed or
removed and the public nuisance abated within fourteen (14) days after the date of the
posting of the notice; and
WHEREAS, any person interested in any such lot may within ten (10) days after
said posting of said notice on the property, request a hearing before the City Council in
writing, addressed to the City Clerk of the City of Lodi, to consider objections to the
Abatement Order; and
WHEREAS, there being no request for a hearing regarding the abatement order
by the property owner(s) and/or any interested person(s), the Enforcement Officer now
requests that the City Council confirm the costs of the 2005 Weed Abatement Program.
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED AS
FOLLOWS:
(1) Pursuant to Lodi Municipal Code Chapter 15.3 1, the Enforcement Officer
ordered the abatement of the public nuisance to have the weeds, rubbish, refuse, and
dirt removed and thereafter the Enforcement Officer, by third party contract, caused the
nuisance to be abated and the Enforcement Officer kept an account of the cost of
abatement and has submitted it to the Council for confirmation in the form of an itemized
written report showing the cost and a copy of the report has been posted in the time and
manner required by Government Code Section 39575. No objections were filed or made
by the property owner liable for assessment for the abatement and the report as set forth
in Exhibit "A" is confirmed.
(2) Cost of the abatement, as set forth is Exhibit "A," constitutes a special
assessment against that parcel and is a lien on the parcel.
(3) The City Clerk is directed to transmit a certified copy of this resolution to
the County Recorder for processing and Coordination with the County Assessor, County
Tax Collector, and County Auditor. The County Auditor is requested to enter the
assessment on the county tax roll and to collect the total amount of the assessment at
the time and in the manner as other ordinary municipal taxes. All in the manner
provided by Government Code §§39560-39587.
Dated: October 19, 2005
I hereby certify that Resolution No. 2005-225 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 19, 2005, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
CITY CLERK
2005-225
EXHIBIT A
PARCEL
ADDI► M
PARCEL NO.
OWNER NAMFJADDRESS
ABATEMENT
COST
1527 Magic Lane
031-250-44
Gary Koepplin
$300.00
14541 N. Curry Avenue
Lodi, California
1315 Industrial Way
049-250-67
Melinda Barbara
$675.00
P. O. Box 789
Lodi Califomia
Venom Person
Fire Marshal
Ge"98 Juelch
Mtlftn Chief
September 27, 2005
CITY OF LODI
FIRE DEPARTMENT
25 EAST PINE STREEr
NODI. CALIFORNIA 95240
ADiV INMRATION (209) 333-6735 FIRE PREVENTION (209) 333-6739
FAX (209) 333-6844
Susan Blackston
City of Lodi City Clerk
211 W. Pine St.
Lodi, CA. 95240
Micheal E. Preto
Fire Chief
Jeff Larson Ron Penix
Battalion Chief Battalion Chief
Kevin Donnelly
Operations Chief
Ron Hebert
Training Officer
I hereby submit the third quarter report listing parcels which have been abated of weeds. The
City of Lodi abated these parcels under the Lodi Municipal Code, Chapter 15.31. The City
contracted the services of a private contractor following a formal bid process and has submitted
the cost to the property owner. If cost of services is not paid to the City a lien will be placed on
the property to recover the cost to the City. The following parcels have been abated:
Abated — August 29, 2005 (Del Rio Gardening)
031-250-44 Owner
1527 Magic Lane Gary Koepplin
$300.00 — Cost to Abate 14541 N. Curry Ave.
Lodi, CA. 95240
Abated — September 6, 2005 (Sun Harvest Inc.)
049-250-67 Owner
1315 Industrial Way Melinda S Barbara
$675.00 — Cost to Abate P.O. Box 789
Lodi, CA. 95241
If you have any questions, please contact me at 2091333-6739.
Sincerely,
LL # A.43��
Div. Chief Verne Person
Fire Marshal
City of Lodi Fire Dept.
cityc Wrk 3 rd W u2005.doc
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
October 6, 2005
CITY OF LODI
Gary Koepplin
14541 N. Curry Avenue
Lodi, CA 95240
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702
FAX (209) 333-6807
cityclrk@iodi.gov
BLAIR KING, Lily Manager
SUSAN J. BLACKSTON
City Clerk
D. STEPHEN SCHWABAUER
City Attorney
Mailed Regular and Certified Delivery
CITY COUNCIL PU@UC HARING__-- OCTOBER 19, 2005
This is to notify you that a public hearing will be held by the Lodi City Council on
Wednesday, October 19, 2005 at 7:00 p.m. or as soon thereafter as the matter
can be heard, at the Carnegie Forum, Council Chamber, 305 West Pine Street,
Lodi, California.
This hearing is being held pursuant to Lodi Municipal Code 15.31.120 (see
attached) regarding abatement and administrative costs totaling $300 for removal
of weeds on your property located at:
1527 Magic Lane (APN 031-250-44)
Written statements may be filed with the City Clerk, City Hall, 221 W. Pine St.,
2nd floor, Lodi, 95240 at any time prior to the hearing scheduled herein, and oral
statements may be made at said hearing.
If you challenge the proposed action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk/City Council at, or
prior to, the public hearing.
Should you have any questions, please contact the City Clerk's Office at (209)
333-6702.
Sincerely,
Susan J. Blackston
City Clerk
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
October 6, 2005
Melinda S. Barbara
P.Q. Box 789
Lodi, CA 95241
CITYOF L O D I BLAIR KING, City Manager
SUSAN J. BLACKSTON
CITY HALL, 221 WEST PINE STREET City Clerk
P.O. BOX 3006 D. STEPHEN SCHWABAUER
LODI, CALIFORNIA 95241-1 91 0 City Attorney
(209)333-6702
FAX (209) 333-6807
cityclrk@lodi.gov
Mailed Regular and Certified Delivery
CITY COUNCIL PUBLIC HEARING — OCTOBER 19, 2005
This is to notify you that a public hearing will be held by the Lodi City Council on
Wednesday, October 19, 2005 at 7:00 p.m. or as soon thereafter as the matter
can be heard, at the Carnegie Forum, Council Chamber, 305 West Pine Street, .
Lodi, California.
This hearing is being held pursuant to Lodi Municipal Code 15.31.120 (see
attached) regarding abatement and administrative costs totaling $675 for removal
of weeds on your property located at:
1315 Industrial Way (APN 049-250-67)
Written statements may be filed with the City Clerk, City Hall, 221 W. Pine St.,
2nd floor, Lodi, 95240 at any time prior to the hearing scheduled herein, and oral
statements may be made at said hearing.
If you challenge the proposed action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk/City Council at, or
prior to, the public hearing.
Should you have any questions, please contact the City Clerk's Office at (209)
333-6702.
Sincerely,
Susan J. Blackston
City Clerk