HomeMy WebLinkAboutAgenda Report - July 3, 1985 (78)i
PRO=INGS INITINIair
FOR : - ray COURT,
•r
RFS. NO. 85-72
CX�JNCIT; 2iEETIl�`' :
Council was apprised that Section 39500 et seq of the Government
Code of the State of California provides for proceedings whereby
a City Council can declare, as a public nuisance, all weeds
growing upon streets, sidewalks and private property in a city.
The Lodi Fire Marshal has sent notices of violati,-)n of the City
of Lodi Fire Code to the owner of property located at 847 Cheney
Court, Lodi, because of an accumulation of weed growth in vacant
areas on that parcel. The subject owner has not responded in
any way to these notices nor to the letter regarding the matter
sent by the City Attorney on May 28, 1985.
Council adopted Resolution No. 85-72 declaring weeds a public
nuisance and initiating abatement proceedings - 847 Cheney
Court, Lodi, and set the Public Hearing to hear objections
concerning the matter for 7:30 pm on Wednesday, August 7, 1985.
4�
_ y °✓' ;' � � r
EI
�K� `�''"'t' i4 .: iF'�� t 5p r.` f '.. .,b rh�. r � .xxv. �� r `�� �ts4'y✓$^� "a .. 3r ,w. _ ,� "'may � �� ,�.
y,
C
W;.,r,. '�Y y a'i irk ? t * rl' ' w `•:�` X r+- � r '• a y r r34,�eri � - f'
MPM'
,+, w. l y,� , ti �-,,'fix, a's •.+,,,,.
MU
'z a
'fe 4 4 -ti
16.0
-
r ,
s
k
TO:: THE, CITY COUNCIL
RVA ,,TME CITY -.MANAGER'S OFFICE
UNCIL COMMUNICATI"N
DATE
July 3, 1985
SUBJECT": a.�yayieVa\ L1J4li 1LLL1\V I.LY./✓✓ (7 LVLLi\+ L1ViX7Li4J LY\✓ y1\11JL211L\V raa+a +++�aa+..a
V PROCMINGS - 847 CH1NEY COURT, LODI, CALIFORNIA
Section 39500 et seq of the Government Code of the State of California
provides for proceedings whereby a City Council can declare as a public
nuisance all weeds growing upon streets, sidewalks and private property in
the City of- Lodi.
Under the subject proceedings Council sets a Public Hearing to hear all
objections to the proposed removal of weeds. Following the public hearing
the Council may adopt a resolution overruling objections and de•.:ermining
to proceed with the abatement of the weeds growing upon public ways and
s private property in the City.
Council, under this Gpverrment Code section, has the authority to order
the Director of Public Works to abate the nuisance and keep an accounting
of the costs involved. The cost of the abatement constitutes a special
assessment against the parcel and is a lien on the parcel. The Council
r.ay then direct the City Clerk to transmit a certified copy of the
Resolution it adopts confirming the cost of abatement and providing for
tY-- collection on the regular tax bill to the County Assessor, County Tax
Collector and County Auditor for entering upon the county tax roll and
collection.
The City Attorney has advised this office that the Lodi Fire Marshal has
sent notices of violation_ of the City of Lodi Fixe Code to the owner of
property located at 847 Cheney Court, Lodi because of an accumulation of
weed growth in vacant areas on a parcel located at that address. The
subject property owner has not responded in any way to these notices nor
to the letter regarding the matter sent by the City Attorney on May 28,
1985. It is therefore requested that Council adopt the attached
resolution -- Resolution Declaring Weeds a Public Nuisance and Initiating
Abatement Proceedings - 847 Cheney Court, Lodi, California and set the
Public Hearing to hear objections concerning the matter for 7:30 pm on
August 7, 1985.
RECOMMENDED ACTION: Adopt Resolution Declaring Weeds a Public Nuisance
and Initiating Abatement Proceedings - 847 Cheney Court, Lodi,
California and set the Public Hearing to hear objections concerning the
matter for.7:30 pm on Wednesday, August 7, 1985.
ALICE M. REIMCBE
City Clerk
NO.
0
847 Cheney Court, Lodi
Attached is a copy of the Notice to Destroy Weeds and Remove Rubbish,
Refuse and Dirt - Situs Address: 847 Cheney Court, Lodi, which
procedure was initiated by the Lodi City Council at its Regular Meeting.
of July 3, 1985.
Pursuant to State of California Government Code Section 39501 et
seq, the Superintendent of Streets is instructed to cause copies of
the notice to be conspicuously posted on or in front of the property on
or in front of which the nuisance exists. He shall post the notice on
or at least 5 days before the time fixed for hearing objections by the
Council. He shall post 1 notice to each separately owned parcel of
property of not over 50 -foot frontage; not more than 2 notices to
each separately owned parcel of property of between 50 -feet frontage
and 100 -feet frontage; and notices at not more than 100 feet apart if
the frontage of the parcel is greater than 100 feet.
Upon the carpletion of.the posting, please complete and return to my
office a Declaration of Posting.
Notice is hereby given that on the 3rd day of July, 1985, the
City Council of the City of Lodi passed a resolution declaring that
noxious or dangerous weeds were growing upon or in front of the
property on this street, and that rubbish, refuse and dirt were upon or
in front of property,on this street, and more particularly described in
the resolution,: and that they constitute a public nuisance which must
i.,o :bated by the removal of the weeds, rubbish, refuse and dirt.
otherwise, they will be removed and the nuisance abated by the City and
the cost of removal assessed upon the land from or in front of which
the weeds, rubbish, refuse and curt are removed and will constitute a
lien upon such land until paid. Reference is hereby made to the
resolution for further particulars. A copy of said resolution is on
file in the office of the City Clerk.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified to attend a
meeting of the City Council of the City of Lodi to be held at the Lodi
City Council Chambers, Lodi, California on August 7, 1985, at the hour
of 7:30 o'clock p.m., when their objections will be heard and given due
consideration.
Dated this 3rd day of July, 1985
Street Superintendent
Director of Public Works
City of Lodi
SITUS ADDRESS: 847 CEENEY COURT, LODI
Notice is hereby given that on the 3rd day of July, 1985, the
City Council of the City of Lodi passed a resolution declaring that
noxious or dangerous weeds were growing upon or in front of the
property on this street, and that rubbish, refuse and dirt were upon or
in front of property on this street, and more particularly described in
the resolution, and that they constitute a public nuisance which must
be abated by the removal of the weeds, rubbish, refuse and dirt.
Otherwise, they will be removed and the nuisance abated by the City and
the cost of removal assessed upon the land from or in front of which
the weeds, rubbish, refuse and dirt are removed and will constitute a
lien upon such land until paid. Reference is hereby made to the
resolution for further particulars. A copy of said resolution is on
file in the office of the City Clerk.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified to attend.a
meeting of the City Council of the City of Lodi to be held at the Lodi
City Council Chambers, Lodi, California on August 7, 1985, at the hour
of 7:30 o'clock p.m., w1hen their objections will be heard and given due
consideration.
Dated this 3rd day of July, 1985
ALICE M. REIMCHE
City Clerk
City of Lodi
v`y
RESOLUTION NO. 85-72
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND
INITIATING ABATEMENT PROCEEDINGS - 847 CHENEY COURT
LODI, CALIFORNIA
RESOLVED, by the City Council of the City of Lodi that:
1. The Council elects to proceed under Government Code
section 59501-39588 to declare as a public nuisance and abate
a) all weeds growing upon streets, sidewalks and private
property in the city and
b) all rubbish, refuse and dirt upon parkways, sidewalks
and private property in the city.
In this resolution and in all subsequent proceedings, weeds
means weeds which when mature bear wingy or downy seeds which will
attain such a large growth as to become a fire menace when dry, or
which are otherwise noxious or dangerous, and includes sagebrush,
ehapparel, poison oak and poison ivy, when the conditions of growth
are such as to constitute a menace to the public health, dry grass,
stubble, brush, litter and all other flammable material which
endangers the public safety by creating a fire hazard.
2. The council declares as a public nuisance:
a) all weeds growing upon the streets, sidewalks and private
property in the city and
b) all rubbish, refuse and dirt upon parkways, sidewalks and
private property in the city.
3. The property upon which or in front of which the nuisance
declared in paragraph 2 exist are described in EXHIBIT "A" attached
hereto and made a part of this reference. The council finds and
declares that weeds on or in front of the parcels specified in EXHIBIT
"A" are seasonal and recurrent in nature. In accordance with section
39562.1 the seasonal and recurrent nuisances shall be abated under
sections 39501-39588 and upon the second and subsequent occurrence in
the same calendar year, no further hearings will be held and notice
shall be by mailing a post card as provided in section 39562.1.
4. The director of public works is the person designated to
perform the duties imposed by Government Code sections 39560-39588
upon the superintendent, and all references in these proceedings to
superintendent means that person.
t
5. Wednesday, August.7, 1985 at the.hour`of 7:30 o'clock
p.m. at the LodiCity'Council:Chambers, California, is fixed as the
time and place for hearing all objections to the proposed removal of
weeds, rubbish, refuse and dirt.
6. The superintendent shall prepare notices as follows:
The heading of the notice shall be "Notice to destroy, weeds and remove
rubbish, refuse and dirt" in letters not less than 1" in height. The
notice shall be substantially in the following foiTn:
NOTICE TO DES'IIM WEEDS AND RHMVE
RLMISH, REFUSE AND DIRT
Notice is hereby given that on the 3rd day of July, 1985,
the City Council of the City of Lodi passed a resolution declaring
that noxious or dangerous weeds were growing upon or in front of the
property on this street, and that rubbish, refuse and dirt were upon
or in front of property on this street, and more particularly
described in the resolution, and that they constitute.a public
nuisance which must be abated by the removal of the weeds, rubbish,
refuse and dirt. Otherwise, they will be removed and the nuisance
abated by the city and the cost of removal assessed upon the land fran
or in front of which the weeds, rubbish, refuse and dirt are removed
and will constitute a lien upon such land until paid. Reference is
hereby made to the resolution for further particulars. A copy of said
resolution is on file in the office of the city clerk.
All property owners having any objections to the proposed removal
of the weeds, rubbish, refuse and dirt are hereby notified to attend a
meeting of the City Council of the City of Lodi to be held at the Lodi
City Council Chambers, Lodi, California on August 7, 1985, at the hour
of,7:30 o'clock p.m., when their objections will be heard and given
duconsideration.
Dated this 3rd day of July,'1985
Street Superintendent
Director of Public Works
City of Lodi
7. The superintendent is instructed to cause copies of the
notice to be conspicuously posted on or in front of the property on or
in front of which the nuisance exists. He shall post the notice at
least 5 days before the time fixed for hearing objections by the
council. He shall post 1`notice to each separately owned parcel of
property of not over 50 -foot frontage; not more than 2 notices to each
separately avned parcel of property of between 50 -feet frontage and
100 --feet frontage; and notices at not more than 100 feet apart if the
frontage of the parcel is greater than 100 feet.
1
t
8. In addition to posting, the city clerk shall mail
written notice of the proposed abatement to all persons owning
property described 'in paragraph .4 of this resolution. The notice
shall be mailed to each person to wham the property is assessed as
shown.on the last equalized assessment roll. The clerk shall mail the
notice at least 5 days before the time set for the hearing. The
notice shall be in substantially the form described above which is
posted on the property, except that the notice shall be signed by the
city clerk and the notice need not contain the heading in P letters -
Adopted by the City Colmcil of the City of Lodi 3rd day of July, 1985,