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Home My WebLink AboutAgenda Report - August 16, 1989 PHCC.NCIL C 0 M M U N I C A 1 ON TO : THE CITY OXT CL OOiTTCL NffEEVG DATE: FROM: THE CITY MANAGER'S OFFICE AUGUST 16, 1989 SUBJECT: PUBLIC HEARIlVC'' OONFFA4NG THE 00617 OF WEED ABATEMENT FOR 1989 AND FROVIDM FOR OOLLECHON RECOMMENDED ACTION Following the public hearing, Council adopt Resolution No 89-105 - Resolution Confirming The Cost Of Weed Abatement for 1989 And Providing For Collection. 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. Various public hearings regarding the program were conducted by the City Council. i Ultimately, the City abated weeds on the following parcels: 1. 713 South Sacramento Street, Lodi Amount $360.00 APN 045-240-07 Angelantonio DeRubes 2755 Ordway Street, NW 406 Washington DC 20008 2. 653 East Pine Street, Lodi Amount $295.00 APN 043-210-46 Thien Mai 653 East Pine Street Lodi, CA 95240 3. 508 South Central Avenue, Lodi Amount $325.00 APN 047-342-03 James H. Bowles 5828 East Fai rl ane Road Acampo, CA 95220 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. The City Council set this matter for public hearing at this meeting. Pursuant to the State Government Code, 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 assessments to the next regular tax bill levied against the parcels for municipal purposes. WEEDS/14.1/TXTA.02J COUNCIL COMMUNICATION WEED ABATEMENT AUGUST 16, 1989 PAGE 2 Notice of this hearing was published pursuant to law (see Exhibit "B" attached) and a copy of the notice was forwarded to the property owner under Delcaration of Mailing. Attached you will find the report of the Street Superintendent indicating the cost of the City Weed Abatement Program for 1989 (see Exhibit "A" attached). Alice Reimche City Clerk AMR/j m r WEEDS/14.1/TXTA.02J 4 LEGAL NOTICE 1`UUM OF PUBLIC HEARING BY THE LSI CITY OXTNCIL CALLED PURSUANT TO GOVERNMENT CODE SECTION 39576 TO RECEIVE A REPORT OF THE COST OF ABATPU WEEDS IN FRONT OF OR ON EACH SEPARATE PARCEL OF LAND WHERE THE WORK WAS DONE BY THE CITY OF LM 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 Wood Abatement Program for 1989 to be held at 7:30 p.m, on Wednesday, August 16, 1989 in the Chambers of the Lodi City Council at 221 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. A11 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. W Order of the Lodi City Council y Alice M, Reimche City Clerk WEEDS/12 TXTA.02D 4 DECLARATION OF MAILING On July 25, 1989 in the Cit; 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 "6" attached hareto. 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 July 25, 1989, at Lodi, California. UEC; O1 TXTA.02D Alice M. Reimche City Clerk .f L , i eriison u ty C i y Clerk CITY COUNCIL JOHNR. (Randy) SNIDER, Mayor DAVID M. HINCHMAN Mayor Pro Tempore EVELYN M.OLSON JAMESW. PINKERTON, Jr. FRED M. RE13 CITY OF LODI CITY HALL, 221 WEST PINE STREET CALL BCA 3006 LODI. CALIFORNIA 95241-1910 (209) 334-5634 TELECOPIER :(709) 333-6795 August 18, 1989 INA Paul Heurlin San Joaquin County Auditor -Control 1 e r San Joaquin County Courthouse 222 East Weber Avenue, Room 103 Stockton, CA 95202 Dear M Heurlin: P/16 THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk BOB MCNATT City Attorney Enclosed herewith, please find certified copy of Resolution No. 89-105 "Resolution Confirming The Cost Cf Weed Abatement For 1989. And ProvidingFor Collection" which was adopted by the Lodi City Counci? at its regular meeting of August 16, 1989. You are hereby requested to enter the assecsnent on the County tax roll and to collect the total amount o th : 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, AW 4R* City Clerk AMR: jmr cc: Robert H. Holm, Finance Director San Joaquin County Tax Collector San Joaquin County Tax Assessor WEEDS/07 TXTH.02J RESOLUTION NO. 89-105 RESOLUTION CONFIRMING THE OCST OF WEED ABATBVETfT FOR 1989 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 1989 and RESOLUTION NO. 89-105 Providing for the Collection on the Regular Tax B i I I WHEREAS, the Lodi City Council adopted Resolution No. 89-28 on March 22, 1989, electing to proceed under Government Code Sections 39501-39588 and declared a public nuisance all weeds growing upon streets, sidewalks and private property i n the city; and WHEREAS, the Lodi City Council adopted Resolution No. 89-43 on April 19, 1989 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 i n the city; and WHEREAS, the Street Superintendent has abated the nuisance declared by Resolution No. 89-28 and has kept an account of the cost of abatement and has submitted it to the City Council for confirmation; NOW, THEREFORE, I T IS FOUND, DETFRWINED AND ORDERED AS FOLLOWS: (1) The City Council ordered the superintendent to abate the nuisance declared by Resolution No. 89-28 by having the weeds, rubbish, refuse and d i rt 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 f or confirmation i n 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 or' the abatement as set forth i n Exhibit "A" constitutes a special assessment against that parcel and is a lien on the parcel. -1- i (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 September 1, 1989. The County Auditor i s 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 this 16th day of August, 1989 by the following vote: Ayes : Council Members - Hinchman, Olson, Pinkerton, Reid and Snider (Mayor) Noes : Council Members - None Absent: Council Members - None Alice M. Rei he City Clerk 89-105 RES89105/TXTA.025 -2- REPORT OF THE STREET SUPERINTENDENT, CITY OF LODI REGARDING COST OF CITY WEED ABATEMENT PROGRAM FOR 1989 1. Weed Abatement - 713 S. Sacramento Street, Lodi Parcel No. (045-240-07) Angelantor:io DeRubes 2755 Ordway Street, M 406 Washington DC 20008 Amount - $360.00 2. Weed Abatement - 653 E. Pine Street, Lodi Parcel No. (043-210-46) Thien Mai 653 E. Pine Street Lodi, CA 95240 Amount - 5295.00 3. Weed Abatement - 508 S. Central Avenue, Lodi Parcel No. (.047-342-03) James H. Bowles ES28 E. Fairlane Road :;cameo, CA 95220 Amount - $325.00 JAC K L . ROIN" KO Public Work �iector )5tret Superintendent Date: July 25, 1989