HomeMy WebLinkAboutAgenda Report - September 16, 1992 (70)or
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CITY OF LODI @®'Mek NAMUN1CATION
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AGENDA TITLE. Public Hearing Regarding Weed Abatement Proceedings Involving Two
Additional Parcels Within the City of Lodi to Allow The Subject
Property Owners Having Objections to the Proposed Removal of Weeds to
Be Heard and Given Lue Consideration
MEETING DATE: September 16, 1992
PREPA8.8D BY: City Clerk
RECOMMENDED ACTION: That following the public hearing and receipt of public
testimony, the Council adopt the attached resolution -
Resolution Overruling Objections and Proceeding with Abatement
(see Exhibit A attached).
BACKGROUND INFORMATION: At the City Council meeting of August 19, 1992 the Lodi
City Council adopted Resolution N0. 92-149 - Resolution
Declaring Weeds a Public Nuisance and Initiating Abatement
Proceedings On Two Additional Parcels in the City of Lodi
as set forth below:
Parcel 1. 424 South Schon. Street
Owner: Viola O- Fahrner
AF" 045-201-0018
Parcel 2. 706 S. Garfield Street
Owner: maribel Munoz
APN 047-32370003
Pursuant to State of California Government Code Section 39500 et seq., a Notice to
Destroy Weeds and Remove Rubbish, Refuse, and Dirt, was published, mailed under
Declaration of Mailing to each of the involved property owners, and posted on the
subject properties as determined by the City Attorney and the Fire Inspector. The
purpose of this public hearing is for property owners having any objections to the
proposed abatement to be heard and given due consideration.
Following the public hearing and receipt of public testimony regarding the matter,
it would be in order for the Council to adopt the attached resolution - Resolution
Overruling Objections and Proceeding with Abatement (see Exhibit A attached).
FUNDING: None required.
WEEDS#02/TXTA.02J/WEEDS
APPROVED.
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Alice M. Reimche
City Clerk
THOMAS A. PETERSON
City Manager
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reCVC1e0 paper
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RESOLUTION NO. 92-164
RESOLUTION OVERRULING OBJECTIONS AND PROCEEDING WITH ABATEMENT
BEFORE THE CITY COUNCIL OF 70iE CITY OF LODI IN TFE MATTER OF
WEED ABATEMENT PROCEEDINGS
Overruling Objections and
Determiniry to Proceed with RESOLUTION NO. 52.164
Abatement
The City Council adopted Resolution No. 92-149 on August 19, 1992
which by its terms the Council elected to proceed under Government Code
Sections 39501-39588 and did declare as a public nuisance all weeds growing
upon streets, sidewalks and private property in the City and all rubbish,
refuse and dirt upon parkwaya, sidewalks and private property in the City; and
A public hearing was held on September 16, 1992 and no objections to
the proposed removal of weeds, rubbish, refuse and dirt were made or presented
either in writing or orally;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS FOLLOWS:
(1) On August 19, 1992 the Council elected to proceed under
Government Code Sections 39501=39588 and did declare as a public nuisance all
weeds growing upon the streets, sidewalks and private property in the City and
all rubbish, refuse and dirt upon parkways, sidewalks and private property in
the City, all as more particularly described in Resolution No. 92-149 adopted
August 19, 1992.
(2) The Council fixed September 16, 1992 at the hour of 7:30 o'clock
p.m., in the Carnegie Forum, 305 west Pine Street, Lodi, as the time and place
for hearing all abjections to the proposal of removal of weeds, rubbish, refuse
and dirt, and the Director of Public Works was designated as the person to
perform the duties imposed by Government Code Sections 39560-39588 upon the
Superintendent and he did prepare notices to destroy weeds and remove rubbish,
refuse and dirt and did in the time and manner prescribed by law cause copies
of the notice to be conspicuously posted on or in front of the property where
the nuisance exists; the City did mail written notice of the proposed abatement
to all persons owning property described in Resolution No. 92-149 in the time,
form and manner prescribed by law.
(3) The City Council did hold a public hearing on September 16, 1992
at 7:30 p,m. and no objection6 either written or oral to the proposed removal
of weeds, rubbish, refuse and dirt presented and the hearing was closed on
September 16, 1992.
Resolution No. 92-164
September 16, 1992
Page Two
(4) The Superintendent is ordered to abate the nuisance declared by
Resolution No. 92-149 by having the weeds, rubbish, refuse and dirt removed and
for this purpose, on those parcels shown on the attached exhibit (Exhibit A),
the Superintendent may enter upon private property to abate the nuisance.
Before the Superintendent arrives, any property owner may remove the weeds,
zubbish, refuse and dirt at h:.s ovyn expense.
(5) The Superintendent or the contractor awarded the work, as the
case may be, shall keep an account of the cost of abatement in front of or on
each separate parcel of land where the work is done and shall submit to the
Council for consideration, hesring of objections, modification and
confirmEtion, an itemized written report showing this cost, all as more
particularly prescribed by Government Code Section 29574.
Dated: September 16, 1992
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Adopted by the City Courcil of the City of Lodi on September 16, 19°2
by the following vote:
Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Attest:
Jaw 7b 4&94&
Alice M. Reimche
City Clerk
RES92164/TXTA.02J
TWO ADDITIONAL PARCELS TO BE INCLUDED IN TIE
CITY OF LODI'S 1992 WEm ABATEMENT PROGRAM
Parcel 1. 424 South School Street
Owner: Viola O. Fahrner
APN 045-201-0018
Parcel 2. 706 S- Garfield Street
Owner: Z"-aribel Munoz
APN 047-323-0003