HomeMy WebLinkAboutAgenda Report - July 5, 1984 (129)CITY COUNCIL MEETING
JULY >r.
1984
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UFM AI;r�TT- Wr Notice thereof having been pub I i shed and posted in accord -
AT W1I1nV OAKS ante with the law and affidavit of- publication and posting
INDt.N1111AL PAW being on file in the office of the City Clerk. Mayor Snider
1 � ; callers for the 11tibl is Ileariri}; in consider the prolxsseci
M. NO. 84-097 removal of the weeds on a pareei located at Willow (Irks
Industrial Park, 18101 North C l u f f Avenue. Lodi.
The matter was intmxluced by Staff who respondees to
uses t i ons as we re posed i try t he Coune i 1 .
There were no persons in the audience wishing to spx.•ak on
the rmt ter and the public portion of the hearing was cIos;ed.
Following discussion, with questions being directed to
Staff. Council, on motion of Council Aimber Reid. Olson
second. adopted Resolution No. 84-097 ordering the abatement
of weeds at Willow Qiks Industrial Park. 18101 North Cluff
Avenue. Lodi. pursuslnt to State of C40ifornia Government
Code Section 39501 et sed.
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CITY COUNCIL
JOHN R. (Randy) SNIDER, Mayw
DAVID M HINCHMAN
Maya Pro Tempore
EVELYN M OLSON
JAMES W PINKERTON. it
FRED M RE ID
Ll
46
CI'T'Y OF LODI
CITY HALL, 221 WEST PINE STREET
POST OFFICE BOX 320
LODI, CALIFORNIA 95241
(209) 334-5634
July 17, 1984
Mr. Paul Heurlin
San Joaquin County Auditor -Controller
San Joaquin County Courthouse
Stockton CA 95202
Dear Mr. Heurtin:
HENRY A CLAVES. it.
City Manager
ALICE M REIMCHE
City Clerk
RONALD M, STEIN
City Attorney
Enclosed herewith, please find certified copy of Resolution No.
84-097A "Resolution Contiming the Cost of Abatement and Providing for
the Collection on the Regular Tax Bill" as it pertains to parcels
listed on Exhibit "A" attached to the aforement toned Resolution No.
84-097A.
You are hereby requested to enter the Assessm nits on the County Tax
roll and to collect the total amount of the assesawnts at the time
and in the manner as other ordinary municipal taxes.
Should you have any questions, please do not hesitate to call.
Very truly yours.
Alice M. Rei e
City Clerk
AMR: ij
Enc.
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RESOLU ICN NO. 84-097A
•
BEFCRE IM CITY COLMIL OF MIE CITY OF IDI
IN ME M0.TIE. OF:
Resolution Confirming the Cost
of Abatement and Providing for RF--SMJTICN NO. 84-097A
the Collection on the Regular
Tax Bill.
The City Council adopted Resolution No. 84-083 on June 20,
1984, electing to proceed under Gwrernment Code Sections 39501-39588
and declared a public nuisance, ali weeds growing tion streets,
sidewniks and private property in the city;
The City C-mcil adopted Resolution No. 84-097 on July 5,
1984, 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. 84-083 and has kept an account of the cost of abatement
and has submi v ed It to the City Council for coin f i nm t i on;
(1) The city council ordered the superintendent to abate
the nuisance declared by Resolution No. 84-083 by having the weeds,
rubbish, refuse and dirt remaved 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 fornn_of an itemized written report showing the cost and a copy of
the report has been posted in the time and manner required by
Gover'sim t Code Section 39575. No objections were filed up or mde by
the property owner liable for assessment for the abatement and the
report as set forth in Exhibit W is c.:onfirnned.
(2) Cost of the abatement nes set forth in Exhibit "A"
constitutes a special assessment against that parcel and is a lien on
the parcel.
84-097A
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(3) The city clerk is directed to transmit a certified copy
of this resolution to the county assessor, county tax collector and
county auditor on or before September 1, 1984. The county auditor is
requested to enter the assessment on the county tax roll and to
collect the total emoumt of the assessment at the time and in the
manner as other ordinary cnmicipal taxes. All in the manner provided
by Government Code Sections 39560-39587.
Adopted by the City Council of the City of Lodi on July 5,
1984 by the following vote:
Ayes: Council Marbers - Hinc}man, Olson, Pinkerton,
Reid, and Snider (Mayor)
Noes: Council iV webers - None
Absent: Council lltembers - None
Attest:
Alice M. Reimche
City Clerk
84-097A
44
EMIIBiT "A'►
Willav Oaks Industrial Park
Assessment No. 49-20-14 and
49-20-19 (formerly 49-20-15)
18101 North Cluff Avenue -
Situs Address
P. O. Box 927
Colusa, CA 95932
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RE90LVTICN ND. 84-097
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BEHM MME CITIt CWWIL OF TE CITi' OF LCD -I
IN MIE NWTI R OF
Overruling Objections and De-
termining to Proceed with RL'9UMION ND. 84-097
Abatement
The City Council adopted Resolution No. 84-083 on June 20,
1984 which by Its trrms 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 c;ty and all rubbish, refuse and dirt upon parkways,
sidewalks and private property in the city; and
A public hearing was held on July 5, 1984 and no ob-ject ions
to the proposed removal of weeds° rubbish, refuse and dirt were made
or presented either in writing or orally:
• ia• as••• •• o � a• itis n •°as;a•a'� • �
(1) On July 5, 1984, 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. 84-088 adopted June 20, 1984.
(2) The council fixed July 5, 1984 at the hour of 7:30
o'clock p.m., in the city council chambers, 221 West Pine Street,
Lodi, as the time and place for hearing all objections to the proposal
of removal of weeds, rubbish, refuse and dirt, arA 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. 84-083 in the time, form and
manner prescribed by law.
(3) The city council did hold a public hearing or. July 5,
1984 and no objections either written or oral to the proposed removal
of weeds, rubbish, refuse and dirt were presented and the hearing was
closed on **uly 5, 1984.
84-097
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(4) The superintendent is ordered to abate the nuisance
declared by Resolution No. 84-083 by having the weeds, rubbish, refuse
and dirt removed and for this purpose, the superintendent may enter
upon private property to abate the nuisance. Before the
superintendent arrives, any property owner may remove the weeds,
rubbish, refuse and dirt at his own expense.
(5) The superintendent or the contractor awarded the m:rk,
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. hearing of
objections, modification and confirmation, an itemized written report
showing this cost, all as more particularly prescribed by Government
Code section 39574.
Adopted by the City Council of the City of Lodi on July 5,
1984 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Ninchman,
Reid, and Snider (Mayor)
Noes: Council Men: ers - None
Absent: Council lVbTbers - None
Attest:
I& &-, �» �'L'txczc.�
Alice M. Reimche
City Clerk
84-097
0
RE90LUrICN NO. 84-083
RE9OUMCN DBCIARING WEEW A FMIC NUISANCE AMID
INITIATING ABAMM PiCCEEDINCS
RiSCLVED, by the City CDncil of the City of Lodi that:
1. The Council elects to proceed under Government Code
section 39501-39588 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,
chapparel, 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 flanmable 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. Me property upon which or in front- of which the nuisance
declared in paragraph 2 exist are described in EMHMIT "r" attached
hereto and made a part of this reference. Die council finds and
declares that weeds on or in front of the parcels specified in ECIIBIT
"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 ;mon the second and subsequent Wckc— rrence to
thr %= calendar year, no further hearings will be held and notice
sh►il be by, mailing a post card as provided in section 39562.1.
4. jus director of public works is the person designated to
perform the duties unposed by Government (lode sections 39560=59588
upon the superintendent, and all references in these proceedings to
superintendent means that person.
S. Zhureday, July 5, 1984 at the hour of 7:30 o'clock p.m.
at the Lodi City Owncil Churbers, California, is Mixed as the time
and place for hearing all objections to the proposed raroval of weeds,
nftl eh, refuse and dirt.
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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 form:
Notice is hereby given that on the 20th day of June. 1984, the
City Council of the City of Lodi passed a resolution declaring that
noxious or dangerous weeds were graving 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 crude 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 7bjections 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 Loci to be held at the Lodi
City Council Chambers, Lodi California on July 5, 1984, at the hair
of 7:30 o'clock p.m., when their objections will be heard and given
due consideration.
Dated this 20th day of June. 1984,
Street Superintendent
Director of Public Works
City of Lodi
T. 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 armed parcel of
property of not over 50 -foot frontage; not more than 2 notices to each
w4arately owned parcel of property of betwe4m 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.
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 whom 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 l" letters.
Adopted by the City Council of the City of Lodi dune 20, 1984 by the
following vote:
Ayes: Council umbers - Hinchman, Reid, Pinkerton,
Olson s Snider (Mayor)
Noes: Council 1Vmbers - None
Absent: Council Members - None
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Alice M. Reimche
City Clerk
00
EA1ilBIT "A"
Willem Ogles Industrial Park
Assessment No, 49-20-14 and
49-20-19 (formerly 49-20-15)
18101 North Cluff Avenue -
S t•)a Address
P. •_ t. 1�rF:c 927
Colusa. ;;n 95932
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