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Home My WebLink AboutAgenda Report - July 2, 1997 (44)JUN 2 51997 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public -Hearing regarding Weed Abatement Proceedings Involving Various Parcels Within The City of Lodi To Allow Property Owners having Objections To The Proposed Removal Of Weeds To Be Heard and Given Due Consideration MEETING DATE: July 2, 1997 PREPARED BY: Fire Marshal RECOMMENDED ACTION: That following the public hearing and receipt of public testimony, the City Council adopt the attached Resolution No 97-70 overruling objections and proceeding with weed abatement. BACKGROUND INFORMATION: At the City Council meeting of June 4, 1997, the Lodi City council adopted Resolution No 97-70 declaring weeds a public nuisance and initiating abatement proceedings on various parcels throughout the City. Pursuant to State of California Government Code Section 39500 et seq., a Notice to Destroy Weeds and Remove Rubbish, Refuse, and Dirt was publish, mailed under Declaration of Mailing to each of the involved property owners, and posted on the subject properties as determined by the City Attorney and the Fire Inspector. The purpose of this public hearing is for property owners having any objections to the proposed abatement to be heard and given due consideration We have been advised by the Fire Department that since the adoption of Resolution No 97-70 numerous property owners have abated the weeds on their property. We will provide council with a list of the parcels that are not in compliance following a final inspection by the Fire Inspector prior to the City council meeting. This document will then serve as the exhibit referred to in the body of Resolution No 97-70. Following the public hearing and receipt of public testimony regarding the matter, it would be in order for the Council to adopt the attached resolution overruling objections and proceeding with abatement. Fire Marshal Steve Raddigan will be present at the meeting to make this report to the City Council. APPROVED: /"' H. Dixon Flynn — City l4anager yOF� u�iCOUNCIL COMMUNICATION f� V \' 1P q�,Foaa Weed Abatement July 2, 1997 page 2 FUNDING: None required Steven Raddigan, FiW Marshal SR/cs APPROVED: H. Dixon Flynn -- City Manager RESOLUTION NO. 97-95 A RESOLUTION OVERRULING OBJECTIONS AND PROCEEDING WITH ABATEMENT BEFORE THE CITY COUNCIL OF THE CITY OF LODI N THE MATTER OF WEED ABATEMENT PROCEEDINGS Overruling Objections and Determining to Proceed with RESOLUTION No. 97-95 Abatement The City Council adopted Resolution No. 97-70 on June 4, 1997, 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 July 2, 1997 and no objections to the proposed removal of weeds, rubbish, refuse and dirt were made or presented either in writing or orally; NOW, THEREFORE, IT IS FOUND, DETERM NED AND ORDERED AS FOLLOWS: (1) On June 4, 1997, the City 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. 97-70, adopted June 4, 1997. (2) The Council fixed July 2, 1997 at the hour of 7:00 o'clock p.m., in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, as the time and place for hearing 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 imposed by Government Code Section 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. 97-70 in the time, farm and manner prescribed by law. (3) The City Council did hold a public hearing on July 2, 1997, 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 July 2, 1997. (4) The Superintendent is ordered to abate the nuisance declared by Resolution No. 97-70 by having the weeds, rubbish, refuse and dirt removed and for this purpose, on those parcels 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 remove the weeds, rubbish, refuse and dirt at his/her own expense. (5) The Superintendent or the contractor awarded the work, 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. vote: Adopted by the City Council of the City of Lodi on July 2, 1997 by the following AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - 97-95 ALICE M. RE[MCHE Acting City Clerk EXHMIT,& Page No. 1 06/25/97 13 JOHN DONOVAN A.P.N.: 049-170-22 1-36.0 225 W ELM ST 804 EAST BLACK DIAMOND WAY LODI, CA 95240 150 DONALD & ROCHELLE ROEK A.P.N.: 049-020-30 1-36.0 18948 N DAVIS RD 835 EAST TURNER ROAD LODI, CA 95242 238 DONALD & ROCHELLE ROEK A.P.N.: 049-020-31 1-36.1 18948 N DAVIS RD 847 EAST TURNER ROAD LODI, CA 95242 239 JWR COMPANY PTP A.P.N.: 049-020-32 1-36.2 PO BOX 693014 911 EAST TURNER ROAD STOCKTON, CA 95269 - 240 JWR COMPANY PTP A.P.N.: 049-020-33 1-36.3 PO BOX 693014 923 EAST TURNER ROAD STOCKTON, CA 95269 241 ROEK BROTHERS PTP A.P.N.: 049-020-34 1-36.4 PO BOX 30038 935 EAST TURNER ROAD STOCKTON, CA 95213 '42 JWR COMPANY PTP A.P.N.: 049-020-35 36.5 PO BOX 693014 947 EAST TURNER ROAD STOCKTON, CA 95269 14 JOHN & JOANNE DONOVAN A.P.N.: 049-170-21 1-38.0 PO BOX 456 810 EAST BLACK DIAMOND WAY LODI, CA 95241 22 PINKERTON HOLDINGS INC A.P.N.: 049-050-55 1-53.0 42 N CLUFF AVE 31 NORTH CLUFF AVENUE LODI, CA 95240 151 EDLUND J LOO A.P.N.: 049-190-01 1-54.0 915 BLACK DIAMOND WY 3 COMMERCE STREET LODI, CA 95240 157 WESTVIEW ESTATES LTD A.P.N.: 049-190-09 1-62.0 5503 TEAL CT 167 COMMERCE STREET STOCKTON, CA 95207 277 JOHN AND V TERESI TRS A.P.N.: 049-040-61 1-95.0 PO BOX 819 225 NORTH GUILD AVENUE LODI, CA 95241 197 THOMAS AND CATHY TUCKER A.P.N.: 043-111-05 1-106.0 PO BOX 1298 336 EAST LOCUST STREET LODI, CA 95241 Page No. 2 06/25/97 30 H D ARNAIZ CORP 1-108.0 PO BOX 8596 STOCKTON, CA 95208 31 CENTRAL CALIF TRACTION 2-1.0 920 SE QUINCY TOPEKA, KS 66621 33 GLADYS BOWLES 2-2.0 5828 E FAIRLANE RD ACAMPO, CA 95220 127 JAMES SHERIDAN QUINN 4-7.0 811 S PLEASANT AVE LODI, CA 95240 184 ARTURO LOPEZ 4-21.0 1701 S MILLS AVE #76 LODI, CA 95242 186 CHRIS R & L KESZLER ETAL 4-24.0 317 W LODI AVE LODI, CA 95240 A.P.N.: 041-460-40 548 YOKUTS DRIVE - VACANT AREA A.P.N.: 047-020-08 310 SOUTH MAIN STREET A.P.N.: 047-342-03 508 SOUTH CENTRAL AVENUE A.P.N.: 045-180-19 811 SOUTH PLEASANT AVENUE A.P.N.: 027-300-01 905 INTERLAKEN DR. A.P.N.: 027-300-11 2452 GRENOBLE CT.