HomeMy WebLinkAboutAgenda Report - June 19, 1996 PHCOUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to Review Cost Report of Weed Abatement
MEETING DATE: June 19, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That following a public hearing regarding the matter, the City Council
adopt the attached resolution confirming the cost of weed abatement and
provide for collection through the San Joaquin County Auditor's office.
BACKGROUND INFORMATION: Several months ago, the City Council initiated weed abatement
proceedings on five parcels which contained tumbleweeds. The
property owners were notified according to the Government Code
and a public hearing was held on March 20, 1996 to hear any
objections to the removal of the weeds. No objections were received at that public hearing and the
Street Superintendent was ordered to abate the nuisance declared by Resolution 96-08. Shortly after
the public hearing on March 20, all but two of the parcels were cleared of tumbleweeds by the owners.
The other two parcels were cleared by the City.
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 also hear any
objections of the property owners liable to be assessed for the abatement.
It is recommended that, after the public hearing, the City Council adopt the attached resolution
confirming the cost of weed abatement and provide for collection through the San Joaquin County
Auditors office if the assessment is not paid by the owner prior to the date it must be filed with the
County Auditor.
810 Black Diamond Way (APN 049-170-21) I $192.50 I
ck L. Ronsko
P lic Works Director
H. Dix n Flynn -- City Hager
RESOLUTION NO. 96-81
A RESOLUTION OF THE LODI CITY COUNCIL
CONFIRMING THE COST OF WEED ABATEMENT (TUMBLEWEEDS)
FOR 1996 AND PROVIDING FOR COLLECTION
BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE MATTER OF:
Resolution Confirming the Cost
of Weed Abatement (Tumbleweeds) for 1996 and RESOLUTION NO. 96-81
Providing for the Collection on
the Regular Tax Bill
The City Council adopted Resolution No. 96-08 on February 7, 1996 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. 96-23 on March 20, 1996 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. 96-08 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. 96-23 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
below is confirmed:
(2) Cost of the abatement as set forth above 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: June 19, 1996
I hereby certify that Resolution No. 96-81 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 19, 1996, by the following vote:
AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock
and Warner (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
IFER . PERRIN
City Clerk
96-81
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY G. DAVENPORT
STEPHEN 1. MANN
JACK A. SIECLOCK
Mr. John Donovan
P. O. Box 456
Lodi, CA 95241
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6842
June 11, 1996
SUBJECT: Public Hearing to Review Cost Report of Weed Abatement
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, June 19, 1996, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
The Council will conduct a public hearing on this item. You are welcome to attend
and speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for
the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Blaufus at
(209) 333-6706.
eack.ko
Director
JLR/Im
Enclosure
cc: City Clerk
NPHWEED2.DOC
•, CITY OF J jODI NOTICL....JF PUBLIC HEARING
Carnegie Forum Date: June 19, 1996
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 1996 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) Review of Cost Report of weed abatement and to hear any objections of the
property owners liable to be assessed for this 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. Box 3006, at or prior to the Public
Hearing.
By Order of the Lodi City Council:
4J i er emn'
1 Clerk
Dated: June 5, 1996
Approved as to form:
Randall A. Hays
City Attorney
JACITYURMFORMSWOTGENDOC 615196
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Public Hearing: Weed Abatement
On June 6, 1996 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.
declare under penalty of perjury that the foregoing is true and correct.
Executed on June 6, 1996, at Lodi, California.
Jennifer M. Perrin
City Clerk
Jacqueline L. Taylor
Deputy City Clerk
\ k�
Linda S. Nichols
Administrative Clerk
dccmail/forms
John Donovan
225 West Elm Street
Lodi, CA 95240
RE: 804 Black Diamond Way
John Donovan
P. O. Box 456
Lodi, CA 95241
RE: 810 Black Diamond Way