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Home My WebLink AboutAgenda Report - September 5, 1990 (72)C0 X C I L COMMUN I CANON azsmasexxxssssssssxxsxsaxxxxs xsxrx=xxxxxsxxxxxxsxsxxxxssxxxxxxa TO: THE CITY COUNCIL COUNCIL MEETING DATE: FROM: THE CITY MANAGER'S OFFICE SEPTEMBER 5, 1990 sxxx�zszssx=sssssasxz==xxxs=�s•a _�=sr_osszsxaxxxxxxcsxxs_sx xxs=axs SUBJECT: PUBLIC HEARING CONFI1VQI>1 IK COST OF WEED ABATEMENT FOR 1990 AO FMIDING FOR COLLECTION zsxxxoxcxxssssssxa=xx-------__--_--------xxxssx=xxxxxxxxcox=xsx RECOMMENDED ACTION: Following the pobliic bearing, Council adopt Resolution 1o_ 90 -142 - Resolution Couufisuaisg The Cost of Weed Abatement for M and Providing for Collection. s Council will recall that seseral caths ago the Council initiated weed abatement proceedings on various parcels the City. According to the went Code of the State of California legal ctacing, including letters to the subject p-Wrty owners, publications, and postings were awe regarding the matter. Various pylic hearings regarding the program were conducted by the City Council. Ultimately, the City abated weeds am the following parcels: 1. 2320 Grenoble Drive, Lodi Ammut S29D.00 APN 027-270-05 Chris and La Veta Keszler 317 West Lodi Avenue Lodi, CA 95240 2. 924 Interlaken Drive, Lodi A SM.00 APN 027-270-15 Chris and La Veta•Keszler 317 West Lodi Avenue Lodi, CA 95240 3. 1403 South Lakeshore Drive, L=fi Anount $175.00 APN 058-160.-26 Lodi Delta Eye Medical 1617 St. Marks Plaza Stockton. CA 95207 4. 713 South Sacramento Street, LaN Aawunt $300.00 APN 045-240-07 Angelantonio De Rubis 2755 Ordway Street, N.W. 406 Washington , D.C. 20008 The Government Code provides thEt tke City Council shall set a public heartng to receive a report of the cost of abatement ire.."-rFt of or on each separate parcel of land where the work was done by the City. Tk* =-&tj oc;ncii set this matter for pub] -is hearing at this meeting. Pursuant to the State Goverra emt 'see, a: the time fixed for receiving aTd considering the Report, the legislative bodj sa u1 *sir it with any objections of tip property owners liable to be assessed for the 'After confirmation of the reperr` by the Council, a copy shall be forwarded to t�-- vart= Issessor and Tax Collector who sna i. aed the amount —COUNCIL COMMUNICATION SEPTEMBER 5,`1990 PAGE TWO of the assessments to the next regular tax bill levied against the parcels for municipal purposes. Notice of this hearing was published. pursuant to. law (see Exhibit "B" attached) and'a copy of the notice was forwarded to the property owner under Declaration of Mailing. Attached you will find the report of the Street Superintendent indicating the cost of the City Weed Abatement Program for 1990 (see Exhibit "A" attached). Guuv �' ATice M. ITeimche City Clerk AMR/imp REPORT OF THE STREET SUPERINTENDENT CITY OF LODI REGARDING COST OF CITY WEED ABATEMENT PROGRAM FOR 1990 1. Weed Abatement - 2320 Grenoble Drive, Lodi APN 027-270-05 Chris and La Yeta Keszler 317 West Lodi Avenue Lodi, CA 95240 Amount: $250.00 2. Weed Abatement - 924 Interlaken Drive, Lodi APN 027-270-15 Chris and La Meta Keszier 317 West Lodi Avenue Lodi, CA 95240 Amount: $200.00 3. Weed Abatement - .1403 South Lakeshore Drive, Lodi APN 058-160-26 Lodi Delta Eye Medical 1617 St. Marks Plaza Stockton, CA 95207 Amount: 5175.00 4. Weed Abatement - 713 South Sacramento Street, Lodi APN 045-240-07 Angelantonio De Rubis 2755 Ordway Street, N.W. 406 Washington, D.C. 20008 Amount: $300.00 Konsuo orks Director uperintendent Da to : 8 - Z i; —?y LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED PURSUANT TO GOVERNMENT CODE SECTION 39576 TO RECEIVE A REPORT OF THE COST OF ABATING WEEDS IN FRONT OF OR ON EACH SEPARATE PARCEL OF LAND WHERE THE WORK WAS DONE BY THE CITY OF LODI WHEREAS, the Government Code provides that the City Council shall set a public hearing to receive a report of the cost of the abatement of weeds in front of or on each separate parcel of land where the work was done by the City of Lodi; and WHEREAS, at the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. The Council may modify the report if it is deemed necessary. The legislative body shall then confirm the report by resolution. WHEREAS, after confirmation of the report by the legislative body, a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of assessment to the next regular tax bill levied against the parcel for municipal purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby set a public hearing to receive the report of the cost of City of Lodi Weed Abatement Program for 1990 to be held at 7:30 p.m. on Wednesday, September 5, 1990 in the Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views regarding this matter. If you challenge the subject matter 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, 221 West Pine Street, at or prior to, the Public Hearing. By Order of the Lodi City Council Alice M. Reimche City Clerk Dated: August 1, 1990 WEEDS/ 13 TXTA.02D DECLARATION OF MAILING On September 7, 1990 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage: prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attacked hereto. There is a regular daily communication by mail between the City. of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 7, 1990, at Lodi, California. Alice M. Reimche City Clerk nnier Perrin eputy Cfty Clerk DEC/O1 TXTA. FRM • CITY COUNCIL JOHN R. (Randy) SNIDER, Mayor DAVID M. HINCHMAN Mavw Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON. It FRED M. REID CITY OF LODI CITY HALL, 221 NEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5534 TftIC0P1ER (2091 t1t t,:9S September 7, 1990 San Joaquin County Auditor -Controller Attention: Betty San Joaquin County Courthouse 222 East Weber Avenue, Room 103 Stockton, CA 95202 Dear Mr Heurlin: THOMAS A PETERSON City Manager ALICE M REIMCHE City Clerk BOB McNATT C#tv Attorney Enclosed herewith, please find certified copy of Resolution No. 90-142 "Resolution Confirming The Cost Of deed Abatement For 1990 and Providing For Collection" which was adopted by the Lodi City Council at its regular meeting of September 5, 1990. You are hereby 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. Should you have any questions, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/jmp cc: Robert H. Holm, Finance Director San Joaquin County Tax Collector San Joaquin County Tax Assessor 'NEEDS/07 TnTA.02J/WEEDS RESOLUTION NO. 90-142 RESOLUTION CONFIRMING THE COST OF WEED ABATEMENT FOR 1990 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 1990 and _RESOLUTION N0. 90-142 Providing for the Collection on the Regular Tax Bill WHEREAS, the Lodi City Council adopted Resolution No. 90-33 on March 7, 1990, electing to proceed under Government Code Sections 39501-39588 and declared a public nuisance all weeds growing upon streets, sidewalks and private property in the city; and WHEREAS, the Lodi City Council adopted Resolution No. 90-61 on April 18, 1990 following the holding cf a public hearing, and did overrule objections and determined to proceed with the abatement of weeds growing upon public ways and private property in the city; and WHEREAS, the Stree*t Superintendent has abated the nuisance declared by Resolution No. 90-33 and has kept an account of the cost of abatement and has submitted it to the City Council for confirmation; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS FOLLOWS: (1) The City Council ordered the superintendent to abate the nuisance declared by Resolution No. 90-33 by having the weeds, rubbish, refuse and dirt removed and thereafter the superintendent entered upon private property more particularly hereafter described to abate the nuisance and the superintendent 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 in Exhibit "A" constitutes a special assessment against that parcel and is a lien on the parcel. Be (3) The City Clerk is directed to transmit a certified copy of this resolution to the San Joaquin County Assessor, County Tax Collector, County Auditor, on or before September 1, 1990. 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 An the manner as other ordinary municipal taxes. all in the manner provided by Government Code Sections 39560-39587. Adopted by the City Council of the City of Lodi on this 5th day of September, 1990 by the following vote: k F Ayes: Council Members - Olson, Pinkerton, ReidandSnider - (Mayor) Noes: Council Members - None Absent: Council Members - Ninchman RES90142/TXTA.02J Alice M. Reimche City Clerk S D -IT TO RECORDE ` NED FR RECORDER: I:2.CCRDL• 1. DATE: INSTRUMENT NO.: EN¢LOSURES: 1. 2. 90-142 -2-