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HomeMy WebLinkAboutAgenda Report - October 3, 1984 PH (6)lvm) Aacztw Notice thereof having been published and posted in accord- GUERM 713 SATIN ance with law and affidavit of publication and posting being SAC"VM SIRM on file In the office of the City Cl-erk, Mayor Snider called for the Public Hearing regarding Weed Abatement at 713 South Sacramento Street, Lodi, California. The nutter was introduced by Staff, who responded to questions as were posed by the Council. There were no persons In the audience wishing to speak on the mt-ter, and the public portion of the hearing was closed. RES. ND. 84-148 Following discussion, on motion of Council Matber Reid. Hinchman second. Council adopted Resolution No. 84-148 - Resolution overruling objections and proceeding with abatement and confirming the cost of the abatement and providing for the collection on the regular tax bill. The motion carried by unanimous vote. iMl �9 IX4 A NM X V RISOLUMN ND. 84-133 PMCUIrICN DBC LARING WEEDS A PLULIC NUISANCE AND INITIATING ABAIFEA'ZiNr PROCIDINCE - 713 SCUM SAf1IAM8 M S1RZXr. UDI. CALIFORNIA RESMVED. by the City Council of the City of Lodi that 1. The Council elects to proceed under Coverrment Code section 39501-39388 to declare as a public nuisance and abate a3 all weeds growing upon streets, s=idewalks and private property in the city wA- b) a l i rubbish. refuse and dirt upon parkways,, s �dewa°lks and private property in the city. In this resolution and in all subsequent proceedings.. weeds means weeds which when mature bear wingy or davaty seeds which will Attain such a large growth as to become a ft -re menace when dry. or which are otherwise noxious or dangerous. and includes sagebrush, chapparel poison oak and poison ivy, when the condi tions of growth are such as to constitute a menace to the public health dry grass.. stubble, brush, litter and all other flx mabl-e material which endangers the public safety by creating a fire hazard. 2. The council declaras as a public nuisance: a) al weeds growing upon the streets, sidewalks and private property in the city and b) all rubbish, refuse and dirt upon parkways, si-dewalks and private property in the city. 3. The property upon which or i -n- front of which the nuisance declared in paragraph 2 exist are described in, OMMIT "A" attached hereto and made a part of this reference. The council finds and declares that weeds on or in front of the parcels specified in EXiIBIT "A" are seasonal and recurrent in nature. In accordance with section 39562.1 the seasonal and recurrent nuisances shall be abated under - sections 39501-39588 and upon the second and subsequent occurrence in the same calendar year, no further hearings w111 be held and notice shall be by ma ling a post card as provided in section 319562.1. 4. The director of public works is the person designated to perform the duties imposed by Government Code sections 39569-39588 upon the superintendent. and all references in these proceedings to superintendent means that person. I's 9 5. Wednesday, October 3, 1984 at the hour of 7:30 o'clock p.m. at the Lodi City Council Chambers, California is fixed as the time and place for hearing all objections to the proposed removal of weeds, rubbish. refuse and dirt. 6:. The superintendent shall prepare notices as foi'lma: The heading of the notice shall be "notice to destroy weeds and remove rubbish, refuse and dirt" in letters not Tess than 1" in height. The notice shall be substantially in the following form: Notice is hereby given that on the 5th day of September, 1984 the City Council of the City of Lodi passed a reso.lu3iad dectar-ng that noxious or dangerous weeds were growing upm or i -n front of the property on this street, and that rubbish, refuse and dirt were upon or in front of property on thl s street, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal' of the weeds, rubbish, refuse and dirt. Otherwise, they will be removed and the nuisance Abated by the city and the cost of remove -1 assessed upon the land from or in front of which the weeds, rubbish, refuse and dirt are removed and will constitute a lien upon such nand until paid.. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city c -ler -k. All property owners having any objections to the proposed ranoval of the weeds, rubbish, refuse and dirt are hereby notified to attend a meeting of. the City Council of the City of Lodi to be held at the Lodi City Council Clambers, Lodi, California on October 3, 1984, at the hour of 7;30 o'clock p.m.. when their objections will be heard and given due consideration Dated this 5th day of September, 1984. Di etor of Public Works Cit of Lodi 7. The superintendent is instructed to cause copies of the notice to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post the notice at least 5 days before the time fixed for hearing objections by the council.. He shall post l notice to each separately owned parcel of property of not over 50 -foot frontage; not more than 2 notices to each separately owned parcel of property of between 50 -feet frontage and 100 feet frontage; and notices at not more than 100 feet apart if the frontage of the parcel is greater than 100 feet. E 8. In addition to posting, the city clerk shall nsil written notice of the proposed abatem it to all persons owing property described in paragraph 4 of this resolution. The notice shall be mailed to each person to whom tbme property is assessed as shown on the last equalized assessment roll. the clerk shall mail the notice at least 5 days before the time set for the hearing. The notice shall be in substantially the form described above which is posted on the property, except that the notice shall be signed by the city clerk and the notice need not contain the heading in i" letters. Adopted by the City Council of the City of Lodi 5th day of September, 1984 by the following vote: Ayes: Council MmTbers = Hinchmen,, Reid, Olsor. a Snider (Wyor) Noes: Council Mmbers - None Absent Counc11 Nim hers - Pinkerton AZ 4 Alice M. Rei:(4� City Clerk 0 M IBIT "A" 1_rcel No. 045-240-07 Owner - Ang+elantonio De Rubes 2755 Ordway, R.W. 406' Washinton. D.C. 20008 Situs Address 713 South Sacramento Street, Lodi 1 0 • RE91=ICN NO. 84-148 vl-*7144:5 Dzom BUM THE CITY CUMIL OF THE CITY OF UIDI 1N THE MIUM OF Overruling Cbjections and De- temining to Proceed with RESQ�TT'ICN ND. 84-148 Abatement The City Council adopted Resolution No. 84-133 on September 5. 1984 which by its terms the Council elected to proceed under Government Code sections 39501-39588 and did declare as a pub -tic nuisance all weeds growing upon streets, sidewalks and. private property in the city and all rubbish, refuse and dirt upon parkways, sidewalks and private property in the city; and A public hearing was held on October 3, 1984 and no objections to the proposed removal of weeds. rubbish, refuse and dirt were made or presented either in writing or orally, (1) On September- 5, 1984, the council elected to proceed under Government Code sections 39501-39588 and did declare as a public nuisance all weeds growing' upon the streets, si-dewalks and private property in the city and all rubbish, refuse and dirt upon- parkways:, sidewalks and private property in the city, all as more particularly described in Resolution No. 84-133 adopted September 5, 1984. (2) The council fixed October 3, 1984 at the hour of 7:30 o'clock p.m., in the city council climbers, 221 West Pine Street, Lodi, as the time and place for hearing all objections to the proposal of removal of weeds, rubbish, refuse and .girt, and the director of public works was designated as the persona to perform the duties imposed by Government Code sections 39560--39588 upon the superintendent and he did prepare notices to destroy weeds and remove rubbish, refuse and dirt and did in the time and manner- prescribed by law cause copies of the notice to be conspicuously posted on or in front of the property where the nuisance exists; the city did mail written notice of the proposed abatement to a-11 persons owning property described in Resolution No. 84-083 in the time, form and manner prescribed by law. (3) The city council did hold a public hearing on October 3, 1984 and no objections either written or oral to the proposed removal of weeds, rubbish, refuse and dirt were presented and the hearing was closed on October 3, 1984. 84-148 6 0 (4) The superintendent Is ordered to abate the nuisance declared by Resolution No. 84-133 by having the weeds, rubbish, refuse and dirt removed and for this purpose, the superintendent may enter upon private property to abate the nuisance. Before the superintendent arrives, any property owner may remove the weeds. rubbish, refuse and dirt at his own expense. (5) The superintendent or the contractor awarded the work, as the case may be, shall keep an account of the cast of abatement in front of or on each separate parcel of band where the work is done and shall submit to the council- for consideration, hearing of objections, modification and contimratiorn, an itemizes' written report showing this cost, all as more particularly prescribed by Goverment Code section 39574. Adopted. by the City Camel of the City of Lodi on October 3. 1984 by the following vote: Ayes: Council Mwbers - Otson. Pinkertoq, Minchmn, Reid, and- Snider (Mayor) Noes: Council M hers - None Absent: Council Mwrbers - None Attest• Alice M Remche City Clerk 84-148 0 MOIBIT "A" Parcel No. 045-24:0-07 Gmier - At.gelantonlo De Rubes 2755 Ordway,, N. W. 406 Washington, D.C. 20008 Situs Address 713 South Sacram-to Street Lodi, CA 95840 Amo mt of Assessnent - $120.00 0 CITY COUNCIL JOHN W (Randy) SNIDER. Mayor DAVID M HINCHMAN mayor Pro Tempore EVELYN M OLSON JAMES W. PINKERTON. Jr FRED M: REID E 0 CITY OF LODI CITY HAIL, 221 WEST PINE STREET POST Off ICE Box 320 LODI. CALIFORNIA 95241 (209) 334-S634 October 9, 1984 Mr. PAW, Heur I In Cosinty Auditor -Controller San Joaquin County Courthouse, 222 East Weber Street, Roan 101 Stockton, CA 95202 Dear W. Heurlin: HENRY A. CLAVES. It - city Manager ALICE M. RFIMCHI City Cie& RONALD M. STEIN City Attonwv Em. losed herewith please find Certified copy of Resolutton, No. 84-148 and 84-1-48A "Resolution Confinning the Cost of Abatement and Providing for the Collection on the Regular- Tax, Bill" as It pertains to parcels listed on E)M.ibtt *A" attached to the aforementioned Resolution No. 84-148 and 84-148A. You are hereby. requested to enter the Assessments on the County Tax roll and to collect the total amount of the assessments at the time and In the mamer as other ordinary municipal taxes. Should you have any questions, please do not hesitate to call. Very truly yours, &m. yn'4'1111w, Alice M. Reirrkhe C'Aty Clerk AM: j J Enc. RESCUMICN NO. 84-148 RESCILUT1CN MQZiMING CELTDCrILM AND MCi3'+DING WITii AMID1FM' BMTM TllE CITY COUNCIL NCIL OF THE CITY OF LI DI IN 'M NRTIM OF Overruling Cbjections and De- termining to Proceed with RESO(MrICN NO. 84-148 Abatement The City Coir:ci 1 adopted Resolution No. 84-133 on September 5, 1984 which by its tens the Council elected to proceed under Government Code sections 39501-39588 and did declare as a public nuisance all weeds graving upon streets, sidewalks and private property in the city and all rubbish, refuse and dirt upon parkways, sidewalks and private property in the city; and A public hearing was held on October 3, 1984 and no objections to the proposed removal of weeds, rubbish. refuge and dirt were made or presented either in writing or orally; MV, MOUFM, IT IS FOLM, DMWINED AND AS (1) On September 5. 1984, the council elected to proceed under Clovernment Cade sections 39501-39588 and did declare as a public nuisance all weeds growing upon the streets, sidewalks and private property in ;ie city and all rubbish, refuse and dirt upon parkways, sidewalks and private prlvrty in the city, all as more particularly described in Resolution No. 84-133 adopted September 5. 1984. (2) The council fixed October 3, 1984 at the hour of 7:30 o'clock p.m in the city council chambers, 221 West Pine Street, Lodi. as the time and place for hearing all objections to the proposal of remova-1 of weeds, rubbish, refuse and dirt, and the director of public works was designated as the person to perform the duties imposed by Government Coda sections 39560-39588 upon the superintendent and he did prepare notices to destroy creeds and remove rubbish, refuse and dirt and did in the time and manner prescribed by la'iv cause copies of the notice to be conspicuously posted on or in front of the property where the nuisance exists; the city did well written notice of the proposed abatement to all persons owning property described in Resolution No. 84-083 in the time. form and manner prescribed by law. (3) The city council did hold a public ?rearing on October 3, 1984 and no objections either written or oral to the proposed re;rova1 of weeds, rubbish, refuse and dirt were presmited " the hearing woo closed on October 3, 1984. 84-148 i (4) The superintendent is ordered to abate the nuisance -4pe;ared by Resolution No. 84-133 by having the weeds. rubbish, refuse and dirt removed and for this purpose. the superintendent mny enter upon private property to abate the nuisance. Before the superintendent arrives, any property ower may remove the weeds, rubbish, refuse and dirt at his own expense. (5) The superintendent or the contractor awarded the work. as the case may be. shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done and shall submit to the council for consideration, hearing of objections, modification and confirm lion, an itemized written report showing this cost. all as more particulsr:y prescribed by Covermient Code section 39574 Adopted by the City Council of the City of Lodi on October 3. 1984 by the following vote: Ayes: Council Nknbers - Olson. Pinkerton, N nchman, Reid, and Snider (Mayor) Noes: Counc i I Maybe rs - None Absent: Council himtoers - None Att.-qt: Alice M. Reimche City Clerk 84-148 EXHIBIT "A" Parcel No. 045-240-07 Omer - Angelantonio De Rubes 2755 Ordway, N. W. 406 Washington, D.C. 20008 Situs Address 713 South Sacramento Street Lodi, CA 95240 Amount of Assesawnt - $120.00 0 REBOLUMN NO. 84-148A BEFORE THE CITY CaM I L OF 'IitE CITY OF LCD I IN THE N1A3'I'F3Z OF: Resolution Confirming the Cost of Abatement and Providing for RESOLLTICN ND. 84-148A the Collection on the Regular Tax B'i 1 1. The City Counei 1 adopted Resolution No. 84-133 on Septenber 5. 1984, electing to proceed wider Government Coda Sections 39501-39588 and declared a public nuisance, all weeds growing upckn streets, sidewalks and private property in the city; The City Council adopted Resolution No. 84-148 and 84-148A on October 3, 1984, following the holding of a public hep:ring and did overrule objections and determined to proceed with the statement of weeds growing upon public ways and private property in the city; The superintendent has c.)ated the nuisance declared by Resolution No. 84-133 and has kept an account of the cost of abatement and has submitted it to the City Council for confirnstion; MW, 'h E. IT IS FOLM, DEI'FI4!iINED AND Qt CM as follows: (1) The city council ordered the superintendent to abate the nuisance declared by Resolution No. 84-133 by having the weeds, rubbish, refuse and dirt removed and thereafter the superintendent ei-itered upon private property more particularly hereafter described to abate the nuisance and the superintendent kept an aceaant of the cost of abatement and has subni t ted it to the council for confirmation in the form of an itemized written report showing the east and a copy of the report has been posted in the time and manner required by Government Code Section 39575. No objections were filed up or made by the property owner liable for assessm m for the abatement and the report as set forth in Exhibit "A" is confimned. (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. 84-148A (3) The city clerk is directed to transmit a certified copy of this resolution to the county assessor, county tax colleccor and county auditor on or before Septexrber 1. !q85. The coumty actdi t i Is requested to enter the assessment on t, • county tax roli and to collect the total amount of the assessment at the 4.1me atxl in the mamer as other ordinary municipal taxes. All in the mens�er provided by Government Code ',_ctions 39560-39587. Adopted by the City Council of the City of Lodi on October 3, 1984 by the following vote: Ayes: Council Nknbers - Hinctimn, Olson, Pinkerton, Reid, and Snider (hinyor ) Noe. f-4: Counc i 1 11i mtx-rs - None Absent: Counc i 1 Mefft:>e rs - None Attest: Alice M. Reimcne City Clerk 84-148A