HomeMy WebLinkAboutAgenda Report - August 6, 1986 (103)CITY COED Cn MEET=
- 'AUGUST 6, 1986 __ -
WEEa ABA TEMENT Notice thereof having been published and posted acro
to law, affidavits of which are on file in the office of
RES. NO. 86-121 the City Clerk, Mayor Reid called for the Public Hearing to
hear objections and give due consideration to the proposed
CC -24(b) abatement of weeds upon or in front of property located
throughout the City of Lodi as depicted in detail on
documents on file in the office of the City Clerk.
The matter was introduced by City Clerk Re -niche who
presented background information regarding the matter and
outlined the weed abatement procedure pursuant to
Government Code Section 39500 et seq.
There being no persons in the audience wishing to speak on
the matter, Mayor Reid closed the public portion of the
hearing.
On motion of Council Member Pinkerton, Hinchman second,
Council adopted Resolution No. 86-121 - Resolution
overruling objections and Proceeding with Abatement
Proceedings on various parcels throughout the City.
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RESOUITION NO. 86-121
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BEFORE THE CITY OOUW-II. OF THE CITY OF LODI IN THE MATTER OF
Overruling Objections and -
Detendning to Proceed with RESSOL[TFICN No. 86-121
Abatement
The City Council adopted Resolution No. 86-93 on July 2,
1986 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 parkways,
sidewalks and private property in the city; and
A public hearing was held on August 6, 1986 and no
objections to the proposed removal of weeds, rubbish, refuse and dirt
were made or presented either in writing or orally;
NOW, TORE, rr IS FO=, DEIM*MIW AND OMERED AS
FOrLIXM:
(1) On July 2, 1986, the council elected to proceed under
Ckwernment 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. 86-93"adopted July 2, 1986. -
(2) The council fixed August 6, 1986 at the hour of 7:30
o'clock p.m., in the city council oil chambers, 221 West Pine Street,
Lodi, as the time and place for raring all objections 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 kTosed by Government Code sections 39560-39588 upon the
superintendent and he did prepare notices to destroy weeds and renave
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. 86-93 in the time, form and
manner prescribed by law.
(3) The city council did hold a public hearing on August
6, 1986 and no objections either written or oral to the proposed
resroval of weeds, rubbish, refuse and dirt were presented and the
hearing was closed on August 6, 1986.
(4) The superintendent is ordered to abate the nuisance
declared by Resolution No. 86-93 by having the weeds, rubbish, refuse
and dirt removed and for this purpose, on those rmrcels 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 ra=e the weeds, rubbish, refuse and
dirt at his own expense.
(5) The superintendent or the contractor awarded the work,
as the case may be, shall keep an account of the oast of abatement in
front of or on each separate parcel of land where the work is dome
and shall submit to the council for consideration, baring of
objections, modification and confirmation, an itemized written report
showing this cost, all. as more pard-:,alarly prescribed by Government
Code section 39574.
Adapted by the City Council of the City of Lodi on August
6, 1986 by the following vote:
Ayes: Council Members - Olson, Hinchman, Pinkerton,
Snider and Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Attest:
II�C�� � `��I •� - S
ce M. R6imche
City Clerk
CO-NICIL COMMUNICATION
TO: THE CITY COUNCIL DATE NO.
FROM: THE CITY MANAGER'S OFFICE
August 6, 1986
SOBJECT: PUBLIC HEARING REGARDING WM) ABATEMENT, VARIOUS PARCELS THRULKRiOW CITy'707
LODI
At the City Council Meeting of July 2, 1986, the Lodi City Council adopted
Resolution No. 86-93 - Resolution Declaring Weeds a Public Nuisance and
Initiating Abatement Proceedings - Various Parcels, Lodi, California. Exhibit
A of Resolution No. 86-93 depicts the subject parcels.
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.
We have been'advised by the Lodi Fire Department that several of the property
owners have abated the weeds on their property. Attached is a list of those
properties whim -re weed abatement has not been completed as of Tuesday, July 29,
1986 as determined by the Lodi Fire Department.
The purpose of this public hearing is for all property owners having any
objections to the proposed abatement to be heard and given due consideration.
We have included with this Council Communication for Council consideration a
draft resolution entitled, wResoluticn. Overruling Objections and Proceeding
with Abatement" (See Exhibit I). under this Resolution, the City would abate
the weeds, keeping an acocunthig of the costs on each parcel for submittal to
the Council. However, prior to the City doing the work, the property owner
would have the right to remove the weeds.
We have included the following exhibits. for your information:
Exhibit I - Resolution No. 86-121 - Resolution Overruling
Objections and Proceeding with Abatement.
Exhibit II - Resolution No. 86-93 - Resolution Declaring
Weeds a Public Nuisance and Initiating Abatement Proceedings
Various Parcels, IDc1i, California.
Exhibit III - Affidavit of Publication
Exhibit IV - Declaration of Mailing
Exhibit V - Declaration of Posting
RAOI FUN= ACTION: Following the Pdolic Hearing and receipt of public
testimony regarding the matter, adopt Resolution overruling Objections and
Proceeding with Abatement on various parcels as determined by the City Council.
ALICE M.
City Clerk
July 29, 1986
RECEIVED
ME JUL 29 PH 3- 12
ALICE M. REIMCHE
CITY CLERK
CITY OF LOC{
Re: Weed Abatment Pasting at Southern Pacific right-of-way
This morning, Sharon Blaufus of Public Works came into my office to ask
whether it would be necessary to post the entire length of the Southern
Pacific right-of-way where the City will be abating wecds. It is my
understanding that under the law, it is required that property to be
abated, be posted every 300 feet. In the case of Southern Pacific, we
have given them notice of a public hearing to be held on the subject
weed abatement. Further, I do not believe that the posting is a legal
requirement. I would suggest, however, that a copy of the Notice to
Southern Pacific be kept, in case there are any questions later on.
• •,
cc: City Clerk
Administrative Asst. Blaufus
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CITY OF LODI
221 W. Pine Street
Lodi, California 95240
ADVERTISING INSTRUCTIONS
Subject:• fit' TO DESTROY 01 D ;M ii ;:: y. az:;EL1M I •u
Publish Dates: FRIDAY, JULY ll. 198
Tear Sheets Wanted: Three
Affidavit and Bill to: ALICE M. REIMCHE, CITY CLERK
Date: 7/8/86 Ordered by:
ALICE M. MIMCHE
CITY CLERK
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NOTICE Ta DESTROY WEEDS
AND RDME RUBBISH, REFUSE AND DIRT
SITUS ADDRESS: VARIOUS PARCEIS
LODI, CALIMMTIA
(See Exhibit "A"
attached hereto
and thereby made a
part hereof)
Notice is hereby given that on the 2nd day of July, 1986, the City
Council of the City of Indi 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 anc' 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, 221 West Pine Street, Lodi, California.
All property owners having any objections to the proposed removal of
the weeds, rubbish, refuse and dirt are hereby ratified 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 6, 1986, at the hour of
7:30 o'clock p.m. when their objections will be heard and given due
consideration.
this. 2nd flay 9f July, 1986
. of Public. Works
Lodi
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F-AMIT
L 0 D I F I R E D E P A R T M E N T
I:EED ABATE%TENT LIST
July 2, 1936
This
list supersedes previous one:
1.
Search Development
920 South Cherokee Lane
Lodi CA 95240
g:
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RE: 350 East Kettleman Lane - Kettleman Station
(062-060-10)
2.
Southern Pacific Railroad
J. H. Bachar, Superintendent_
P. 0. Box 3036¢
Bakersfield CA 93335
Attn: J. B. Maxwell, Admin. Engineer
RE: a. Southern Pacific mainline and spur track areas in
Lodi (Work started south of Kettleman Lar.e only,
job incomplete.)
b.- Southern Pacific spur lines to General Mills and
east to Cluff Avenue (Work started from Pleasant to
.:
Ham Lane only, job incomplete.)
_
c. 856 North Sacramento Street (041-130-25)
(Non-compliance)
3.
T Lucke Y Company
The P Y
P. 0. Box 7428
Stockton CA 95207
t
RE: vacant areas, Kettleman Lane, south side, west of
Lakeshore Drive (multiple parcel numbers)
:-
(Weeds have been cut but not removed, job incomplete.)
1306 West Kettleman Lane (058-160--30)
1812 West Kettleman Lane (058-160-29)
}
1710 West Kettleman Lane (053-160-27)
1716 West Kettleman Lane (0533-I60-23)
I
1403 West Kettleman Lane (058-160-26)
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Situs A (058-160-77):
f 4.
Dr. Gordon B. Robet Dr. Gordon B. Roget
510 South Fairmont Ave. P. 0. Box 13
�.
Lodi CA 95240 Ashley ND 58413
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RE: 510 South Fairmont avenue (033-050-27)
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5. First Nationwide Savings
9800 South Sepulveda Blvd.
Los Angeles CA 90045
RE: 1423 Lakeshore Drive (058-160-25)
(Weeds have been cut but not removed, job incomplete.)
r
6. Mr. Angelantonio DeRubes
2755 Ordway Street, NU 406
Washington DC 20008
RE: 713 South Sacramento Street (045-240-07)
7. Jake and Julia Main
1529 Cleveland Road
Glendale CA 91202
RE: 408 East Locust Street (043-113-04
'"
RESOLUFICN N0. 84-148A
BUM= CITY C aMIL OF THE CITY OF LC DI
IN THE N14MR OF:
Resolution Confirming the Cost
of Abatement and Providing for RESCLUTICN NO. 84-148A
the Collection on the Regular
Tax I:i 11.
The City Council adopted Rcso'_ution No. 84-133 on September
5, 1984, 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. 84-148 and 84-148A
on October 3, 1984, following the holding of a public hearing and did
overrule objections and determined to proceed with the -abatement of
weeds graving upon public ways and private property in the city;
The superintendent has abated the nuisance declared by
Resolution No. 84-133 and has kept an account of the cost of abatement
and has submitted it to the City Council for confirmation;
NON. ZINE, IT IS FaM, DEPII AINED AND CR3MM
as follows:
(1) The city council ordered the superintendent to abate
the nuisance declared by Resolution No. 84-133 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 costtand a copy of
the report has been posted in the time and manner required by
Government Code Section 39575. No objections were filed up 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.
84-148A
G
(3) The city clerk is directed to transmit a certified copy
of this resolution to7 the county assessor, county tax collector and
county auditor on or before Septerrher 1, 1985. 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 nnmicipal taxes. All in the manner provided
by Government CcAe Sections 39560-39587.
Adopted by the City Council of the City of Lodi on October
3, 1984 by the following vote:
Ayes: Council bkobers - Hinebman, Olson, Pinkerton,
Reid, and Snider (Alayor)
Noes: Council 1liembers - lone
Absent: Council hiembers - Ione
Attest:
A& -net�'r
Alice Al. Rei=he
City Clerk
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MIBIT "A"
Parcel No. 045-240-07
Avner - Angelantonio De Rubes
2755 Ordhvay, N. W. 406
Washington, D.C. 20008
Situs Address
713 South Sacramento Street
Lodi, CA 95240
Amount of Assessment - $120.00 -
NOTICE TO DESTROY @4EEDS
AMID R94DVE RUBBISH, REFUSE AND DIRT
SITUS ADDRESS: VARIOUS PARCM
LODI, allMOMIA
(See Exhibit "A"
attached hereto
and thereby made a
part hereof)
Notice is hereby given that on the 2nd day of July; 1986, 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 dist. 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, 221 West Pine Street, Lodi, California.
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 theCity of Lodi to be held at the Lodi
City Council Chambers, Lodi, California, on August 6, 1986, at the hour'of
7:30 o'clock p.m. when their objections will be heard and given due
consideration.
this 2nd Aay 9€ July, 1986
of Public Works
Lodi.
I
L 0 D I F I R E D E P A R T M E N T
WEED ABATEMENT LIST
July 2, 1986
This list supersedes previous one:
1. Search Development
920 South Cherokee Lane
Lodi CA 95240
RE: 350 East Kettleman Lane - Kettleman Station
(062-060-10)
2. Southern Pacific Railroad
J. H. Bachar, Superintendent
P. 0. Box 3036
Bakersfield CA 93385
Attn: J. B. Maxwell, Admin. Engineer
RE: a. Southern Pacific mainline and spur track areas in
Lodi (Work started south of Kettleman Lane only,
job incomplete.)
b. Southern Pacific spur lines to General Mills and
east to Cluff Avenue (Work started from Pleasant to
Ham Lane only, job incomplete.)
c. 856 North Sacramento Street (041-130-25)
(hon -compliance)
3. The Luckey Company
P. 0. Box 7428 ,
Stockton CA 95207
RE: vacant areas, Kettleman Lane, south side, gest of
Lakeshore Drive (multiple parcel numbers)
(Weeds have been cut but not removed, job incomplete.)
1806 West Kettleman Lane (058-160-30)
1812 West Kettleman lane (058-160-29)
1710 :Fest Kettleman Lane (05.3-160-27)
1716 West Kettleman Lane (0503-160-28)
1403 West Kettl.enan Lane (058-160-26)
Situs A (058-160-77)
^ 4. Dr. Gordon B. Roget Dr. Gordon B. Rooet
510 South Fairmont Ave. P. 0. Box 13
Lodi CA 95240 Ashley ND 58413
RE: 510 South Fairmont Avenue (033-080-27)
s _ AL
Nationwide Savings
'. 9800 South Sepulveda Blvd.
Los Angeles CA 90045
RE: 1423 Lakeshore Drive "(058-160-25)
(Needs have been cut but not removed, job incomplete.)
6. Air. Angelantonio DeRubes
2755 Ordway Street, NGT 406
Washington DC 20008
RE: 713 South Sacramento Street (045-240-07)
7. Jake and Julia Main
1529 Cleveland Road
Glendale CA 91202
RE: 408 East Locust Street (043-113-04