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HomeMy WebLinkAboutAgenda Report - January 7, 1998 F-01 PHQ� vies a 9' P COUNCILCITY OF LODI / / AGENDA TITLE: Public Hearing To Receive A Report Of The Cost Of Abatement Of The Weeds In The City Of Lodi During 1997 And To Hear Any Objections To The Property Owners Liable To Be Assessed For The Abatement MEETING DATE: January 7, 1998 PREPARED BY: City Clerk RECOMMENDED ACTION: That following a Public Hearing regarding the matter, the City Council adopt the attached resolution confirming the cost of weed abatement in the City of Lodi during 1997 and providing for collection through the San Joaquin County Auditor's office. BACKGROUND INFORMATION: The City Council will recall that several months ago the Council initiated weed abatement proceedings on various parcels throughout the City. According to the Government Code of the State of California legal noticing, including letters to the subject property owners, publications and postings were made regarding the matter. Public Hearings regarding the program were conducted by the City Council. Ultimately, the City abated the weeds on the parcels listed on the next page. The Government Code provides that the City Council shall set a Public Hearing to receive a report of the cost of abatement in front of or on each separate parcel of land where the work was done by the City. At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. After confirmation of the report by the Council, a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. Therefore, it is recommended that following the Public Hearing the City Council adopt the attached resolution confirming the cost of weed abatement in the City of Lodi during 1997 and provide for collection through the San Joaquin County Auditor's office. Both the Purchasing Officer and the Fire Marshal will be at the January 7, 1998 City Council meeting to present the staff report and answer any questions the Council may have. FUNDING: None required. Alice M. Reimche City Clerk Prepared by Joel Harris, Purchasing Officer cc: Fire Marshal APPROVED: H. Don Flynn -- City Manager, Cost Report of City Weed Abatement Program - 1997 December 17, 1997 Page Two REPORT OF • OF ABATING 1997Administrative WEEDS Property Address Cost Fee Total 811 South Pleasant Ave. $100.00 $46.15 $146.15 APN 045-180-19 804 East Black Diamond Way $150.00 $32.06 $182.06 APN 049-170-22 810 East Black Diamond Way $150.00 $32.06 $182.06 APN 049-170-21 3 South Commerce $350.00 $50.90 $400.90 APN 049-190-01 508 South Central $100.00 $41.35 $141.35 APN 047-342-03 MEMORANDUM, Finance Department, Purchasing Division TO: City Clerk FROM: Purchasing Officer DATE: November 18, 1997 SUBJECT: Report of the Cost of Weed Abatement - 1997 Following is a summary of the costs of abating weeds as authorized by City Council Resolution 97-95 adopted July 2, 1997. The summary indicates the cost of abatement, administrative fees, and total cost. Property Address 811 South Pleasant Ave Lodi CA 95240 (APN 045-180-19) (James Sheridan Quinn 811 South Pleasant Ave Lodi CA 95240) 804 East Black Diamond Way Lodi CA 95240 (APN 049-170-22) (John Donovan 225 West Elm Street Lodi CA 95240) $10 East Black Diamond Way Lodi CA 95240 (APN 049-170-21) (John and Joanne Donovan 225 West Elm Street Lodi CA 95240) 3 South Commerce Lodi CA 95240 (APN 049-190-01) (Edlund J. Loo 913 Black Diamond Way Lodi CA 95240) 508 South Central Ledl CA 95240 (APN 047-342-03) (Gladys Bowles 5828 East Fairlane Acampo CA 95220) Cost + Administrative Fees — Total Cost S 100.00 + S46.15 — S146.15 S 150.00 + S32.06 - S 182.06 $170.30 + S32.06 — $182.06 $350.00 + S50.90 — S400.90 $100.00 + S41.35 — $141.35 DRAFT RESOLUTION NO. 98-08 A RESOLUTION OF THE LODI CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT FOR 1997 AND PROVIDING FOR COLLECTION BEFORE THE CITY COUNCIL OF THE CITY OF LODI IN THE MATTER OF: Resolution Confirming the Cost of Weed Abatement for 1997 and RESOLUTION NO. 98-08 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 97-70 on June 4, 1997 electing to proceed under Government Code Section 39501-59588 and declared a public nuisance all weeds growing upon streets, sidewalks and private property in the City; The City Council adopted Resolution No. 97-95 on July 2, 1997 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. 97-70 and has kept an account of the cost of abatement and has submitted it to the City Council for confirmation; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS FOLLOWS: (1) The City Council ordered the superintendent to abate the nuisance declared by Resolution No. 97-95 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 cost and a copy of the report has been posted in the time and manner required by Government Code Section 39575. No objections were filed or made by the property owner liable for assessment for the abatement and the report as set forth in Exhibit "A" is confirmed. r (2) Cost of the abatement as set forth is Exhibit "A" constitutes a special assessment against that parcel and is a lien on the parcel. (3) The City Clerk is directed to transmit a certified copy of this resolution to the County Assessor, County Tax Collector, County Auditor. 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 municipal taxes. All in the manner provided by Government Code §§39560-39587. Dated: January 7, 1998 I hereby certify that Resolution No. 98-08 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 7, 1998, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - ME ALICE M. REIMCHE CITY CLERK Cost Report of City Weed Abatement Program - 1997 FXHiBM A i CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: January 7, 1998 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, January 7, 1998 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) to receive a report of the cost of abatement of the weeds in the City of Lodi during 1997 and to hear any objections to the property owners liable to be assessed for the abatement. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Sox 3006, at or prior to the Public Hearing. &4'A.6� Alice M. Reimche City Clerk Dated: December 17, 1997 Approved as to form: \il�G�t�t aGzG/-;;;. xev�' Randall A. Hays City Attorney J.\CITYCLRK\FORM$\NOTGEN DOC 12/1x97 • CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: Set Public Hearing for Wednesday, January 7, 1998 at 7:00 p.m. to receive a report of the cost of the abatement of weeds in the City of Lodi during 1997 and to hear any objections of the property owners liable to be assessed for the abatement PUBLISH DATES: SATURDAY, DECEMBER 20,1997 TEAR SHEETS WANTED: ONE AFFIDAVIT AND BILL TO: ALICE M. REIMCHE CITY CLERK DATED: DECEMBER 18, 1997 ORDERED BY: JENNIFER M. PERRIN DEPUTY CITY CLERK SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK f=axed to the Lodi News Sentinel at 369-1084 et (time} on (dice). advins/forms DECLARATION OF MAILING REVIEW COST REPORT - CITY WEED ABATEMENT PROGRAM. 1997 On Thursday, December 18, 1997, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. e Executed on December 18, 1997, at Lodi, California. ORDERED BY: ALICE M. REIMCHE CITY CLERK acq ine L.eylepu y City CI Jennifer M. Perrin Deputy City Clerk Susan Seward -Lake Administrative Clerk decmaiUforms 1997 CITY WEED ABATEMENT PROGRAM MAILING LIST Property Owner 811 South Pleasant Avenue Lodi, CA 95240 Responsible: James Sheridan Quinn 811 South Pleasant Avenue Lodi, CA 95240 Property Owner 804 East Black Diamond Way Lodi, CA 95240 Responsible: John Donovan 225 West Elm Street Lodi, CA 95240 Property Owner 810 East Black Diamond Way Lodi, CA 95240 Responsible: John and Joanne Donovan 225 West Elm Street Lodi, CA 95240 Property Owner 3 South Commerce Lodi, CA 95240 Responsible: Edlund J. Loo 915 Black Diamond Way Lodi, CA 95240 Property Owner 508 South Central Lodi, CA 95240 Responsible: Gladys Bowles 5828 East Fairlane Acampo, CA 95220 J:\CLERKICOUNCILICOUNCOMkWEEDSET.DOC MAILING LIST - WEED ABATEMENT, 1997 James Sheridan Quinn 811 South Pleasant Avenue Lodi, CA 95240 John Donovan 225 West Elm Street Lodi, CA 95240 John & Joanne Donovan 225 West Elm Street Lodi, CA 95240 Edlund J. Loo 915 Black Diamond Way Lodi, CA 95240 Gladys Bowles 5828 East Fairlane Acampo, CA 95220 decmail/forms RESOLUTION NO. 98-08 A RESOLUTION OF THE LODI CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT FOR 1997 AND PROVIDING FOR COLLECTION BEFORE THE CITY COUNCIL OF THE CITY OF LODI IN THE MATTER OF: Resolution Confirming the Cost of Weed Abatement for 1997 and RESOLUTION NO. 98-08 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 97-70 on June 4, 1997 electing to proceed under Government Code Section 39501-59588 and declared a public nuisance all weeds growing upon streets, sidewalks and private property in the City; The City Council adopted Resolution No. 97-95 on July 2, 1997 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. 97-70 and has kept an account of the cost of abatement and has submitted it to the City Council for confirmation; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS FOLLOWS: (1) The City Council ordered the superintendent to abate the nuisance declared by Resolution No. 97-95 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 cost and a copy of the report has been posted in the time and manner required by Government Code Section 39575. No objections were filed 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 is Exhibit "A" constitutes a special assessment against that parcel and is a lien on the parcel. (3) The City Clerk is directed to transmit a certified copy of this resolution to the County Assessor, County Tax Collector, County Auditor. 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 municipal taxes. All in the manner provided by Government Code §§39560-39587. Dated: January 7, 1998 I hereby certify that Resolution No. 98-08 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 7, 1998, by the following vote: AYES: COUNCIL MEMBERS - Land, Mann, Pennino, Warner and Sieglock (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None ALICE M. REIMCHE CITY CLERK 98-08 Cost Report of City Weed Abatement Program - 1997 December 17, 1997 Page Two APN 045-180-19 - - - 604 East Black Diamond Way $150.00 $32.06 $182.06 APN 049-170-22 810 East Black Diamond Way $150.00 $32.06 .$182.06 APN 049-170-21 CITY COUNCIL JACK A. SIEGLOCK , Mayor KEITH LAND Mayor Pro Tempore STEPHEN J. MANN PHILLIP A. PENNINO DAVID P. WARNER San Joaquin County Auditor -Controller 24 S. Hunter, Room 103 Stockton, CA 95201 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 January 8, 1998 Re: City of Lodi Weed Abatement Program for 1997 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Enclosed please find certified copy of Resolution No. 98-08 entitled, "A Resolution of the Lodi City Council Confirming the Cost of Weed Abatement for 1997 and Providing for Collection" which was adopted by the City Council on January 7, 1998. The Resolution sets forth that 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 municipal taxes. Should you have any questions regarding the matter, please do not hesitate to give me a call. Sincerely, Alice M. Reimche City Clerk AMR/JMP Enclosure cc: San Joaquin County Assessor