HomeMy WebLinkAboutAgenda Report - August 17, 1988 (81)CO...1CIL
TO: THE CITY COUNCIL
FROM: THE CITY MVNNI S OFFICE
C 0 M M U N I C A T_ 3 N
COUNCIL MEETING DATE
AUGUST 17, 1988
SUBJECT: PURSUANT TO STATE OF CALIFORNIA 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
RECOWMENDED ACTION: Following the public hearing, Council adopt -the attached resolution
(see Exhibit "8" attached) Resolution No. 88- 116 - Resolution
Confirming The Cost Of Weod Abatement For 1988 And Providing For
Col lect i on.
Council will recall that several months ago the Council initiated weed abatement
proceedings on various parcels throughout the City. According to the Government Code of
the State of California legal noticing, including letters to the subject property owners,
publications, and postings, were made regarding the matter. Various public hearings
regarding the program were conducted by the City Council.
Ultimately, the City abated weeds on the following parcel:
1. A4-03.87, 713 South Sacramento Street, Lodf Amount $275.00
P.N. 045-240-07
Angelantonio DeRubis
2755 Ordway Street, NW 406
Washington, D. C. 20008
The Government Code provides that the City Council shall set a public hearing to receive a
report of the cost of abatement in front of or on each separate parcel of land where the
work was done by the City. The City Council set this matter for public hearing at the
regular meeting of July 20, 1988.
Pursuasit. to the State Government Code, 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. After confirmation of the report by the Council a
copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount
of the assessment to the next regular tax bill levied against the parcel for municipal
purposes.
Notice of this hearing was published pursuant to law (see Exhibit "C" 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 1988 (see Exhibit "A" attached)
Alice M. Reimche
City Clerk
AMR: jj
COUNC016
TXTA.02D
RESOLUTION N0, 88-116
RESOLUTION CONFIRMING THE COST OF WEED ABATEMENT
FOR 1988 AND PROVIDING FOR COLLECTION
BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE MATTER OF:
Resolution Confirming the Cost
of Wand Abatement for 1988 and RESOLUTION N0, 88-116
Providing for the Collection of
the Regular Tax Bill
The City Council adopted Resolution No. 88-15 on February 3, 1988
electing tc proceed under Government Code Sections 39501-39588 and
declared a public nuisance all weeds growing upon streets, sidewalks
and private property in the city;
The City Council adopted Resolution No. 58-54 on April 20, 1988,
following the holding of 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;
The superintendent has abated the nuisance declared by Resolution
No. 88-15 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 orderedthe superintendent to abate the
nuisance declared by Resolution No. 88-15 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)
constitutes
the parcel.
Cost of the, abatement as set forth in Exhibit "A"
a special assessment against that parcei and is a lien on
(3) The City Clerk i s directed to transmit a certified copy of
this resolution to the County Assessor, County Tax Collector, County
Auditor, on or before September 1, 1988. The County Auditor is
requested to enter the assessment on the county tax roll and to collect
the total amount of the assessment a t the time and i n the manner as
other ordinary municipal taxes. A17 in the manner provided by
Government Code Sections 39560-39587.
Adopted by the City Council of the City of Lodi ori August 17, 1988 by
the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Alice M. Reimche
City Clerk
88-II6
RES88////TXTA.OIV
Dated.
REPORT OF THE STREET SUPERINTENDENT, CITY OF LODI,
REGARDING COST OF THE CITY WEED ABATEMENT PROGRAM FOR 1988
1. 144-03.87, 713 South Sacramento Street, todi
P.N. 045-240-07
Angel antoni o DeRubi s
2755 Ordway Street, NW 406 Amount — $275.00
Washington, D. C. 20008
V4�
Jak,L.Ronsko
orks Director
uperintendent
July 20, 1988
PROOFOF PUBLICATION
(2015.5 C.C.P.)
SI'A'I E OF CALIFORNIA,
County of San Joaquin.
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above -
entitled matter. I am the principal clerk of the
printer of the Lodi News -Sentinel, a newspaper of
general circulation, printed and published daily,
except Sundays and holidays, in the City of Lodi,
California, County of San Joaquin, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court, Department 3, of
the County of San Joaquin, State of California,
under the date of May 26th, 1953, Case Number
65990; that the notice, of which the annexed is a
printed copy (set in type not smaller than non-
pareil), has been published in each regular and
entire issue of said newspaper and not in any sup-
plement thereof on the following dates, to -wit:
August 4, Il,
.................................................................................................
88
all in the year 19.........
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Lodi, California, this .. 11th day of
August 88
....................�............................. 19.........
�!
_W �1 Signa" re
J
This space is for the County Clerk's 1- sting Stamp
Proof of Publication of
Notice of Public Hearing by the Lodi City
.................................................................................................
Council Called Pursuant to Government Code
Section 39576 to Receive a Report of the Cost
o£...Ahatirm...Weeds ..Lu..Er o ni...o.f....ox...,an -Each
Separate Parcel of Land Where the ttiTork Was
Done By The City of Lodi
LEGALNOTICE K..
NOTICE OF PUBLIC HEARING BY THE LODI CITY i
COUNCIL CALLED PURSUANT TO GOVERN-,
MINT 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
DOME BY THE CI'T'Y O F LODL
WHEREAS. the Government Code provides that
the City Council shalt set o public hearing to
receive o report of the cost of the oboternent of
weeds in front of or on each seporote parcel of
land where the work was done by the City of Lodi:
and
WHEREAS. of the time fixed for receiving and
considering the report. the legislative body sholl
hear it with ony objections of the property owners
liable to be assessed for the oboternent. The
Council may modify the report if it is deemed nee•
essory. The legirlotive body sholl then confirm the
report by resolution.
WHEREAS. offer confirmotion of the report by
the legislative body, o copy sholl be forworded to
the County Assessor and Tax Collector who sholl
odd the omount of assessment to the next regular
tax bill levied against the parcel far municipal
purposes.
NOW. TAEREFORF. BE IT RESOLVED. that the'
City Council of the City of Lodi doer hereby set o .
public hearing to receive the report of the cost of
the City of Lodi Weed Abatement Program for i
1p88 on the following parcel to be held of 7:301
P.M. on Wednesday. August 17. 1988 in the
Chambers of the Lodi City Council at 721 West:
Pine Street. Lodi. California:
1. A4-03.87.713 South Sacramento Street Lodi ,
P.N. 045240.07
Anoolontonio DeRubis
2755 Ordway Street. NW 406
Washington, O.C. 20008
Infornotion regarding this item moy be obtain•
ed in thu office of the City Clerk of 311 West Pine
Street. Lodi. California. All interested persons ore
invited to present their views regarding this mat-
ter.
If you challenge the subject matter incourt you
may be limited to roiring only those issues you,or
Sam— else roiled of the Public Heoring
described in this notice or In written correspond-
ence delivered to the City Clerk, 221 West Pine„
Street. Lodi. of or prior to. 1f, public hearing.
By Order of the Lodi City Council
s: ALICE M. REIMCHE t
city cleric f
Doted: July 20.1988 f
Approved as to form:
s: BOBBY W. McNATT
CityAttomey
Aug.4. 11. 1988 —8823
1
cannh nF: PUBLICATION F.,,
RESOLUTION CONFIRMING THE COST OF WEED ABATEMENT
FOR 1988 AND PROVIDING FOR COLLECTION
BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE MATTER OF
Resolution Confirming the Cost
of 'Meed Abatement for 1988 and RESOLLTIION NO. 88-116
Providing for the Collection of
the Regular Tax Bill
The City Council adopted Resolution No. 88-15 on February 3, 1988
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;
The City Council adopted Resolution No. 88-54 on April 20, 1988,
following the holding of 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;
The superintendent has abated the nuisance declared by Resolution
NO. 88-15 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. 88-15 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.
(3) The City Clerk is directed to transmit a certified copy of
this resolution to the County Assessor, County Tax Collector, County
Auditor, on or before September 1, 1988. 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 Sections 39560-39587.
Adopted by the City Council of the City of Lodi on August 17, 1988 by
the following vote:
Ayes : Council Members - Hinchman, Olson, Reid, Snider and
Pinkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
88-116
REPORT OF THE STREET SUPERINTENDENT, CITY OF LODI,
REGARDING OOST OF THE CITY WEED ABATEMENT rr.OGRAI4 FOR 1988
i. A4-03.87, 713 South Sacramento Street, Lodi
P.N. 045-240-07
Angelantonio DeRubis _
2755 Ordway Street, NW 406 A=unt - $275.00
Washington, D. C. 20008
QPa
kL. Ronsko
ub is Works Director
tr t Superintendent
LEGAL NOTICE
NOTICE OF PUBLIC HEARING 6Y THE LORI 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
!;HERE 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 the City
of Lodi Weed Abatement Program for 1988 on the following parcel to be held at
7:30 P.M. Ln Wednesday, August 17, 1988 in the Chambers of the Lodi City
Council at 221 West Pine Street, Lodi, California:
1. A4-03.87, 713 South Sacramento Street, Lodi
P.N. 045-240-07
Angelantonio DeRubis
2755 Ordway Street, NW 406
Washington, D. C. 20008
PH/43
TXTA.02D
Y
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 view 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 .lest
Pine Street, Lodi, at or prior to, the public hearing.
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
Datad: July 26, 1988
Approved as to form:
Bobby W. McNatt
Ci ty Attorney
PH/43
TXTA. 02D
C J
Dated:
DU /'X
TXTA.02D
REPORT OF THE STREET SUPERINTIENDBT, CITY OF LODI,
REGARDING COST OF THE CITY WEED ABATE1.IENT PROGRAM FOR 1988
I. A4-03.87, 713 South Sacramento Street, Lodi
P.N. 045-240-07
Angelantonio DeRubis
2755 Ordway Street, Ned 406
Washington, D. C. 20008
edi LL
kL-,,Ronsko
orks Director
uperintendent
July 20, 1988