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HomeMy WebLinkAboutAgenda Report - November 20, 1996 PH (6)auk °o COUNCIL • j • �rFOat� AGENDA TITLE: Public Hearing to Review Cost Report for City Weed Abatement Program for 1996 MEETING DATE: November 20, 1996 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 1996 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 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 1996 and provide for collection through the San Joaquin County Auditor's office. Both the Purchasing Officer and the Fire Marshal will be at the November 20, 1996 City Council meeting to present the staff report and answer any questions the Council may have. FUNDING: None required. lC .YQ''V nifer . Pernn Cler Attachments cc: Purchasing Officer Fire Marshal APPROVED: H. Ton Flynn -- City Manager ,� Cost Report of City Weed Abatement Program -1996 November 20, 1996 Page Two 44 Commerce Street $350.00 $37.16 $387.16 (APN 049-190-28) 167 Commerce Street $190.00 $54.24 $244.24 (APN 049-190-09) 811 S. Pleasant Avenue $175.00 $36.89 $211.89 (APN 045-180-19) 905 Interlaken Drive $150.00 $56.04 $206.04 (APN 027-300-01) 713 S. Sacramento Street $ 75.00 $37.16 $112.16 (APN 045-240-07) MEMORANDUM, Finance Department, Purchasing Division TO: City Clerk FROM: Purchasing Officer DATE: October 3, 1996 SUBJECT: Report of the Cost of Abating Weeds - 1996 Following is a summary of the costs of abating weeds as authorized by City Council Resolution 96-44. The summary indicates the cost of abatement, administrative fees, and total cost. 44 COMMERCE ST. LODI CA 95240 APN 049-190-28 167 COMMERCE ST. LODI CA 95240 APN 049-190-09 811 S. PLEASANT AVE. LODI CA 95240 APN 045-180-19 905 INTERLAKEN DR. LODI CA 95242 APN 027-300-01 713 SO. SACRAMENTO ST. LODI CA 95240 APN 045-240-07 cc: Fire Department $350.00 + $37.16 = S387.16 $190.00 + S54.24 = $244.24 $175.00 + $36.89 = $211.89 5150.00 + S56.04 = $206.04 S75.00 + S37.16 = S112.16 RESOLUTION NO. 96-176 A RESOLUTION OF THE LODI CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT 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 for 1996 and RESOLUTION NO. 95-176 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 96-30 on April 3, 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. 96-44 on May 1, 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. 96-30 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. 96-44 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: November 20, 1996 I hereby certify that Resolution No. 96-176 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 20, 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 T1_M.c� J IFE PERRIN CITY CLE 96-176 Cost Report of City Weed Abatement Program - 1996 November 20, 1996 Page Two 44 commerce Street $350.00 $37.16 $387.16 (APN 049-190-28) 167 Commerce Street $190.00 .$54.24 $244.24 (APN 049-190-09) 811 S. Pleasant Avenue $175.00 $36.89 $211.89 (APN 045-180-19) 905 Interlaken Drive $ 50.00 $56.04 $106.04 (APN 027-300-01) 713 S. Sacramento Street $ 75.00 $37.16 $112.16 (APN 045-240-07) ' CITY OF LODI NOTICE ur PUBLIC HEARING Date: November 20, 1996 Carnegie Forum • 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, November 20, 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 to consider the following matter: a) Review Cost Report of City Weed Abatement Program for 1996 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: J ifer M.errin City Clerk Dated: November 6, 1996 Appro s to foram: �L�%LLG�L Ran II A. Hays City Attorney J1CITYCLRKTORMSINOTGFN2. DOC 1116196 Public Hearing: Review Cost of City Weed Abatement Program for 1996 On November 7, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 7, 1996, at Lodi, California. Jennifer M. Perrin City Clerk Jac eelin . Taylor Dep ty C Clerk Linda S. Nichols Administrative Clerk decmail/forms MAILING LIST APN 049-190-28 44 Commerce Street Lodi, CA 95240 APN 049-190-09 167 Commerce Street Lodi, CA 95240 APN 045-180-19 811 S. Pleasant Avenue Lodi, CA 95240 APN 027-300-01 905 Interlaken Drive Lodi, CA 95242 APN 045-240-07 713 S. Sacramento Street Lodi, Ca 95240 advins/forms CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY G. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK San Joaquin County Auditor -Controller 24 S. Hunter, Room 103 Stockton, CA 96201 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 December 4, 1996 Re: City of Lodi Weed Abatement Program for 1996 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Enclosed please find certified copy of Resolution No. 96-176 entitled, "A Resolution of the Lodi City Council Confirming the Cost of Weed Abatement for 1996 and Providing for Collection" which was adopted by the City Council on November 20, 1996. 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, J nALA ifer M. rrin Clerk JMP Enclosure cc: San Joaquin County Assessor RESOLUTION NO. 96-176 A RESOLUTION OF THE LODI CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT 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 for 1996 and RESOLUTION NO. 95-176 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 96-30 on April 3, 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. 96-44 on May 1, 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. 96-30 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. 96-44 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 3957. 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: November 20, 1996 I hereby certify that Resolution No. 96-176 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 20, 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 THE FOREGOING DOCUMENT 19 CERTIFIED TO !E A CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. JENNIFER fi. PERRIN / CITY CLERK. CITY OF LODI sY b L4 C� DATED:f i n.%/lQi7 C42FE PERRIN CITY CLERK 96-176 Cost Report of City Weed Abatement Program - 1996 November 20, 1996 Page Two 44 Commerce Street $350.00 537.16 $387.16 (APN 049-190-28) 167 Commerce Street $190.00 554.24 $244.24 (APN 049-190-09) 811 S. Pleasant Avenue $175.00 $36.89 5211.89 (APN 045-180-19) 905 Interlaken Drive $ 50.00 $56.04 $106.04 (APN 027-300-01) 713 S. Sacramento Street $ 75.00 $37.16 S112.16 (APN 045-240-07)