HomeMy WebLinkAboutAgenda Report - July 24, 1985 (118)WEED ABATEMENT
PROCEEDING INITIATED
FLORA205 STREET,•D
RES.N0.85-89
Council was apprised that Section- 39500 of the
Government Code of the State of California provides for
proceedings whereby a City Council car_ declare as a
public nuisance all weeds growing upon streets,
sidewalks and private property within a city. The
Council was further informed that the Lodi Fire Marshal
had sent notices of violation of the City of Lodi Fire
Code to the owner of property at 205 Flora Street, Lodi,
because of an accumulation of weed growth in vacant
ureas on a parcel located at that address. The property
ocmer of this parcel had not responded in any way to
these notices nor to a letter regarding the matter sent
by the City Attorney.
Council adopted Resolution No. 85-89 initiating Weed
Abatement Proceedings at 205 Flora Street, Lodi, and
setting the matter for Public Hearing on Wednesday,
August 21, 1985 at 7:30 p.m.
' )OUNCIL COMMUNICATIAN
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
determining to proceed with the abatement of the weeds growing upon
public ways and private property in the City.
Council under this Government 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
constititues a special assessment against the parcel and is a lien
on the parcel. The Council may then direct the City Clerk to transmit
a certified copy of the Resolution it adopts confirming the cost of the
abatement and providing for the collection on the regular tax bill to
the Council 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 Fire Code to the
owner of property at 205 Flora Street, 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 June 5,-1985. It is therefore requested that Council adopt
the attached resolution - Resolution Declaring Weeds a Public Nuisance
and Initiating Abatement Proceedings - 205 Flora Street, Lodi,
California and set the Public Hearing to hear.objections concerning the
matter for 7:30 pan on August 21, 1985.
RECOMMENDED ACTION: Adopt Resolution Declaring Weeds,a Public Nuisance
and Initiating Abatement Proceedings - 205 Flora Street, Lodi,
California and set.the Public Hearing to hear objections concerning the
matter for 7:30 pm on Wednesday, August 21, 1985.
!�
ALICE M. REDIC HE
City Clerk
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. or. 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 frean 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 iiade to the
resolution for further particulars. A copy of said resolution is on
file i.n 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 tr 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 21, 1985, at the hour
of 7:30 o'clock p.m. when their objections will be heard and given due
consideration.
Dated this 24th day of July, 1985
7�
Alice M. Reimche
City Clerk,
City of Lodi
MMRANDUM
DATE: July 25, 1985
SU& -U=: Weed Abatement Procedure
205 Flora Street, Lodi, California
Attached is a copy of the Notice to Destroy Weeds and Remove Rubbish,
Refuse and Dirt - Situs Address: 205 Flora Street, Lodi, which
procedure was initiated by the Lodi City Council at its Regular
Adjourned Meeting of July 24, 1985.
Pursuant to State of California Goverment 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.
LTpon the carmpletion of the posting, please ccoplete and return to my
office a Declaration of Frosting.
VUa TO DESTROY WEEDS
RUBBISH, REFUSE AND DIRT
=-� ADDRESS: 205 Flora Street
Lodi, California
Notice is heebq=� that on the 24th day of July, 1985, the
City Council of they` of Lodi passed a resolution declaring that
noxious or dangerms vaAft were growing upon or in front of the
property on this stre-&* and that rubbish, refuse and dirt were upon or
in front of property= this street, and more particularly described in
the resolution, and tUt they constitute a public nuisance which must
be abated by the reMMI of the weeds, rubbish, refuse and dirt.
otherwise, they W.LU big xemDved and the nuisance abated by the city and
the cost of removal asst.-,zzed upon the land from or in front of which
the weeds, rubbish, and dirt are rewoved and will constitute a
lien upon such land mil paid- Reference is hereby made to the
resolution for furtba-s- oculars. A copy of said resolution is on
file in the office cE City Clerk.
Allproperty azgg- wing any objections to the proposed removal
of the weeds, rabbis.,,. refuse and dirt are Iereby notified to attend a
meeting of the City C=cU of the City of Lodi to be held at the Lodi
City Council Chanbac,,� Jcdi, California on August 21, 1985, at the hour
of 7:30 o'clock p-r-,%tm their objections will be heard and given due
consideration.
Dated this 24th day of July, 1985
Street Superintendent
Director of Public Works
City of Lodi
r)
RESOLUTION NO. 85-89
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND
INITIATING ABA2E]T PROCEEDINGS - 205 FLORA STREET,
LODI, CALIFORNIA
RESOLVED, by the City Council of the City of Lodi that:
1. The Council elects to proceed under Government Code section 3950' -
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 wingyor 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 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 parcel specified in EXHIBIT "A" are
seasonal and recurrent in nature. In accordance with section 39552.1
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.
5. Wednesday, August 21, 1985 at the hour of 7:30 o'clock p.m. at the
Lodi City Council Chambers, California, is fixed as the time and place
r
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 form.
NOTICE TO DESTROY WEEDS AND REMOVE
RUBBISH, REFUSE AND DIRT
Notice is hereby given that on the 24th 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 moist
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 21, 1985, at the hour
of 7:30 o'clock p.m. when their objections will be heard and given due
consideration.
Dated this 24th 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 host 1 notice to each separately owned parcel of property of not
over footfrontage; not more. than 2 notices to each separately owned
parcel of property of between 50-feetfrontage and 100-feetfrontage;
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