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HomeMy WebLinkAboutAgenda Report - December 16, 1992 PH (19)or r CITY OF LO®i !COUNCIL COMMUNICATION S �lfp AGENDA TITLE: Public Hearing to Receive a Report of the Cost of Abating Weeds in Front Of Or On Each Separate Parcel of Land Where the Work Was Done In the City of Lodi During 1992 MEETING ')ATE: December 16, 1992 PREPAP City Clerk RECOMMENDED ACTION: That following a public hearing regarding the matter, th, City Council adopt the attached Resolution confirming th, cost of weed abatement in the City of Lodi during 199 and provide for collection through the San Joaquin Count - Auditor's Office. BACKGROUND INFORMATION: Council will recall that several months ago the Counci initiated weed abatement proceedings on various parcel throughcut the City. According to the Government Code o the State of California legal noticing, including letter to the subject property owners, publications and posting were made regarding the matter. Public hearing regarding the program were conducted by the City Council. Ultimately, the City abated weeds on the following parcels: Amount Address Assessor Parcel No. $145.00 713 South Sacramento Street, Lodi 045-240-07 $100.00 811 South Pleasant Avenue, Lodi 045-180-19 $120.00 404 Flora Street, Lodi 047-342-02 $130.00 706 Garfield Street, Lodi 047-323-03 The Government Code provides that the City Council shall set a public hearing t receive a report of the cost of abatement in front of or on each separate parcel o land where the work was done by the City. At the time fixed for receiving an considering the report, the legislative body shall hear it with any objections o the property owners liable to be assessed for the abatement. After confirmation o the report by the Council a copy shall be forwarded to the County Assessor and Ta Collector who shall add the amount of the assessment to the next regular bill levie against the parcel for municipal purposes. APPROVED. THOMAS A. PETERSON recycled papal City Manager CC -1 Public Hearing To Receive Cost of Weed Abatement December 16, 1992 Page Two It is therefore recommended that following the public hearing that the City Council adopt the attached resolution confirming the cost of weed abatement in the City of Lodi during 1992 and provide for collection through the San Joaquin County Auditor's Office. FUNDING: None required. COUNCOI/TXTA.02J/WEEDS mhe Alice M. limche City Clerk RESOLUTION CONFIRMING TKE COST OF WEED ABATEMENT FOR 1992 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 1992 and RESOLUTION NO. 92-193 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 92-59 on April 15. 1992 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. 92-99 on May 20, 1992 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. 92-59 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. 92-99 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 in Exhibit "A" constitutes a special assessment against that parcel and is a lien on the Parcel. WEEDS#14/TXTA.02J/WEEDS Resolution No. 92-193 December 16, 1992 Page Two (3) The City Clerk is directed to transmit a certified copy of this resolution to the County Assessor, County Tax Collector. County Auditor, on or before December 16, 1992. The County Auditor is requested to enter the assessment on the county tax roll and to collect the total a omt. of the assessment at the time and in the manner as other ordinary municipal taxes. All in the manner provided by Government Code Sections 39560-39587. Adopted by the City Council of the City of Lodi on December 16, 1992 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Xembers - Alice M. Reimche City Clerk WEEDS#14/TXTA.023/WEEDS REPORT OF THE STREET SUPERINTENDENT, CITY OF LODI REGARDING COST OF CITY WEED ABATEMENT PROGRAM FOR 1992 1. Weed abatement - 713 S. Sacramento Street, Lodi Parcel No. (045-240-07) Ireland Landscape Co. 10111 N. Highway 99 Stockton, CA 95209 Amount -$145.00 2. Weed abatement - 811 South Pleasant Avenue, Lodi Parcel No. (045-180-19) Ireland Landscape Co. 10111 N. Highway 99 Stockton, CA 95209 Amount - $100.00 3. Weed abatement - 404 Flora Street, Lodi Parcel No. (047-342-02) Ireland Landscape Co. 10111 N. Highway 99 Stockton, CA 95209 Amount - $120.00 4. Weed Abatement - 706 Garfield Street, Lodi Parcel No. (047-323-03) S. E. Del Rio, Lodi c/o Ben Schaffer 122 N. Church Street Lodi, CA 95240 AmoupQ - $130.00 CK L. RONSKO ubl c Works Director Street Superintendent Date: _a, W39DS#08/TXTA.02J/WEEDS DECLARATION OF MAILING On November 23, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mi 1, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addreseed 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 23, 1992, at Lodi, California Alice M. Reimche City Clerk J Znifer M� Perrin uty City Clerk DEC#01/TXTA.FRM LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED PURSUANT TO GOVERNMENT CODE SECTION 39576 TO RECEIVE A REPORT OF THE COST OF ABATING WEEDS IN FRONT OF OR ON EACH SEPARATE PARCEL OF LAND WHERE THE WORK WAS DONE BY THE CITY OF LODI WHEREAS, the Government Code provides that the City Council shall set a public hearing to receive a report of the cost of the abatement of weeds in front of or on each separate parcel of land where the work was done by the City of Lodi; and WHEREAS, 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. The Council may modify the -report if it is deemed necessary. The legislative body shall then confirm the report by resolution. WHEREAS, after confirmation of the report by the legislative body. a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of assessment to the next regular tax bill levied against the Parcel for municipal purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby set a public hearing to receive the report of the cost of City of Lodi weed Abatement Program for 1992 to be held at 7:30 p.m. on Wednesday, December 16, 1392 in the Carnegie FOriun, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office Of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views regarding this matter. 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, 221 West Pine Street, at or prior to, the Public Hearing. By Order of the __,di City Council At& /19 Alice M. Rlmche City Clerk Dated: November 18, 1992 Note: 713 S. Sacramento Street $145.00 811 S. Pleasant Avenue $100.00 404 Flora Street $120.00 WEEDS#13/TXTA.02J/WEEDS Steve Raddigan Fire Marshal Ireland Landscape Co. 10111 N. Highway 99 Stockton, CA 95209 WEED ABATEMENT MAILING LIS':' EXHIBIT B Joel Harris Purchasing Officer LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED PURSUANT TO GOVERNMENT CODE SECTION 39576 TO RECEIVE A REPORT OF THE COST OF ABATING WEEDS IN FRONT OF OR ON EACH SEPARATE PARCEL OF LAND WHERE THE WORK WAS DONE BY THE CITY OF LODI WHEREAS, the Government Code provides that the City Council shall set a public hearing to receive a report of the cost of the abatement of weeds in front of or on each separate parcel of land where the work was done by the City of Lodi; and WKrREAS, 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. The Council may modify the report if it is deemed necessary. The legislative body shall then confirm the report by resolution. WHEREAS, after confirmation of the report by the legislative body, a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of assessment to the next regular tax bill levied against the Parcel for municipal purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby set a public hearing to receive the report of the cost Of City of Lodi Weed Abatement Program for 1992 to be held at 7:30 p.,n. on Wednesday, December 16, 1992 in the Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All intexested persons are invited to present their views regarding this matter. 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, 221 West Pine Street, at or prior to, the Public Hearing. By Order of the Lodi City Council Dated: November 18, 1992 WEEDS#13/TXTA.02J/WEEDS Xe"117 Alice M. R imr_he City Clerk Note: 706 Garfield Street, Lodi $175.00 WEED ABATEMENT MAILING LIST EXHIBIT B Steve Raddigan Joel Harris Fire Marshal Purchasing Officer S. B. Del Rio, Lodi C/o Ben Schaffer 122 N. Church Street Lodi, CA 99240 DECLARATION OF POSTING On December 11, 1992 in the City of Lodi, San Joaquin County, California. I posted on the following public bulletin boards the attached documents, marked Exhibit A: a) City Hall Council Chambers Bulletin Board 221 West Pine Street Lodi, CA 95240 b) Public Safety Building 230 Went Elm Street Lodi, CA 95240 c) Carnegie Forum doors 305 west Pine Street Lodi, CA 95240 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 11, 1992 at Lodi, California. ALICE M. REIMCHE Cit ler, LINDA S. WAGNBP, lj Deputy City Clerk 1=• •ty.. fc:.. LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL CALLED PURSUANT TO GOVERNMENT CODE SECTION 39576 TO RECEIVE A REPORT OF THE COST OF ABATING WEEDS IN FRONT OF OR ON EACH SEPARATB PARCEL OF LAND WHERE THE WORK WAS DONE BY THE CITY OF LODI WHEREAS, the Government Code provides that the City Council shall set a public hearing to receive a report of the cost of the abatement of weeds in front of or on each separate parcel of land where the work was done by the City of Lodi; and WHEREAS, at the time fixed for receiving and considering the report, the legislative bcdy shall hear it with any objections of the property owners liable to be assessed for the abatement. The Council may modify the report if it is deemed necessary. The legislative body shall then confirm the report by resolution. WMRFM, after confirmation of the report by the legislative body, a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of assessment to the next regular tax bill levied against the parcel for municipal purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby set a public hearing to receive the report of the cost Of City of Lodi Weed Abatement Program for 1992 to be held at 7:30 p.m. on Wednesday, December 16, 1992 in the Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views regarding this matter. 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, 221 West Pine Street, at or prior to, the public Hearing. By Order of the Lodi City Council GCtX.G[/ 7P . &Axe� Alice M. Reimche City Clerk Dated: November 18, 1992 WEEDS#13/TXTA.02J/WEEDS C17,Y COUNCIL /PHILLIP A. PENNINO, Maya JACK A. SIEGLOCK Mayor Pro Tempore RAYG.DAVENPORT STEPHENJ.MANN JOHN R- (Randy) SNIDER CITY OF LODI CITY HALL, 221 WEST PINE STREET P O. BOX 3006 ILDI. CALIFORNIA95241-1910 (209) 3345634 FAX OM 3334M December 21, 1992 San Joaquin County Auditor -Controller Attention: Adrian J. Van Hauten San Joaquin County Courthouse 222 East Weber Avenue, Room 103 Stockton, CA 95202 Dear Mr. Van Hauten: THOMASA. PETERSON City Manager ALICE M.REIMCHE City Ckrk BOB MCNATT C 1 Attorney Enclosed herewith please, find certified copy of Resolution No. 92-193 entitled, "Resolution Confirming The Cost Of Weed Abatement For 1992 and Providing For Collection" which was adopted by the Lodi City Council at its regular meeting of December 16, 1992. You are hereby 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, please do not hesitate to call this office. Very truly yours, Alice M. eimche City Clerk AMR/jmp cc: Dixon Flynn, Finance Director San Joaquin County Tax Collector San Joaquin County Tax Assessor WEEDS#07/TXTA.02J/WEEDS RESOLUTION CONFIPMING THE COST OF WEED ABATEMENT FOR 1992 AND PROVIDING FOR COLLECTION BEFORE THE CITY COUNCIL OF THE CITY OF LODI IN THE MATTER OF: Resclution Confirming the Cost of Weed Abatement for 1992 and RESOLUTION NO. 92-193 Providing for the Collection on the Regular Tax Bill The City Council adopted Resolution No. 92-59 on April 15, 1992 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. 92-99 on May 20, 1992 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. 92-59 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, DE'r-ERMINED AND ORDERED AS FOLLOWS: (1) The City Council ordered the superintendent to abate the nuisance declared by Resolution No. 92-99 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 tine 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 in Exhibit "A" constitutes a special assessment against that parcel and is a lien on the parcel. WEEDS#14/TXTA.02J/WEEDS Resolution No. 92-193 December 16, 1992 Page Two (3) The City Clerk is directed to transmit a certified copy of this resolution to the County Assessor, County Tax Collector, County Auditor, on or before December 16, 1992. 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 Sections 39560-39587. Adopted by the City Council of the City of Lodi on December 16, 1992 by the following vote: Ayes: Council Members ' Davenport, Mann, Sieglock, snider and Pennino (Mayor) Noes : Council Members - None Absent: Council Members - None tQfGv Alice M. R4imche City Clerk i" RECEIVED i xt.� 30 Pli 5: "2 MEMORANDUM, Finance Department, Purchasing Division TO: City Clerk FROM: Joel Harris, Purchasing Officer DATE: March 30, 1993 SUBJECT: 1992 Weed Abatement On November 3, 1992, I sent to your office a summary of properties on which forced abatement of weeds was completed. I also indicated that the owner of 706 South Garfield, Ben Schafer, had indicated a willingness to reimburse the City for the cost of abatement, $130, plus $45 administrative fees. (See Attachment 1) Subsequent to that memo, I indicated to your office that I had not received a response from that owner, either positive or negative, and that Finance records had not listed receipt of payment in the amount of the invoice, so I requested therefore that the Garfield property be included in the Resolution (No. 92-193, December 16, 1992) providing for collection. (See City Council meeting minutes, Attachment 2) While researching another matter this morning, I found an entry dated December 31, 1992, indicating receipt of payment from Ben Schafer in the amount of the invoice, $175 (See Attachment 3 - The date in the left-hand column, '11-3-92', is the date of the billing). Having no other information as to the nature of the payment, I assume (based on the date of receipt and on the amount) that this entry indicates record of payment of the amount billed for reimbursement of the cost to abate the weeds on the Garfield property. I offer this as information only; whether this is sufficient to justify removal of any lien from the property isn't known, but I thought I would pass it along. MEMORANDUM, Finance Department, Purchasing Division s=amaac=ee¢=eosamaasesvao=cee=��==ca...o.=co.�=e_a_aoecacaoemaec�vsceaa T0: City Clerk FROM: Joel Harris, Purchasing Officer DATE: November 3, 1992 SUBJECT: 1992 Weed Abatement Summary Resolution 92-99, 5/20192: 713 S. Sacramento Street $145.00 811 S. Pleasant Avenue 100.00 404 Flora Street 120.00 Contractor: Ireland Landscape Co., Stockton Purchase Order ND. 6919 dated June 24, 1992 Resolution 92-164, 9/16/92: 706 S. Garfield Owner has indicated willingness to reimburse City for cost of abatement; see accompanying invoice. Contractor: S. E. Del Rio, Lodi Purchase Order No. 7706 dated October 12, 1992 ATTACHMENT 1