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Home My WebLink AboutAgenda Report - July 1, 1998 (53)0 .".z. CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Declaring Weeds a Public Nuisance and Initiating Abatement Proceedings on Various Parcels Throughout the City - and set the matter for Public Hearing on August 5, 1998 MEETING DATE: July 1, 1998 PREPARED BY: Fire Marshal RECOMMENDED ACTION: That the City Council adopt the attached resolution Declaring Weeds a Public Nuisance and Initiating Abatement Proceedings on Various Parcels Throughout the City - and further set the matter for public hearing for the regular City Council meeting of August 5, 1998. BACKGROUND INFORMATION: Throughout the spring and summer months, the Lodi Fire Department has an ongoing program of contacting property owners to remove weeds on property they own within the City. Follow-up contacts are made in an effort to have the weeds removed at the earliest possible date. A list of the various parcels within the City that are not in compliance with weed abatement requirements will be prepared by the Fire Department prior to the meeting. It is recommended that Council adopt the attached resolution Declaring Weeds a Public Nuisance and Initiating Abatement Proceedings, as provided under the State of California Government Code Section 39501, et seq. (see Exhibit A attached). The subject resolution also calls for a public hearing to be held concerning this matter at the regular City council meeting of August 5, 1998. FUNDING: None required. Steven Raddigan Fire Marshal SR/cs APPROVED: H. [&o Flynn — City Manager RESOLUTION NO. 98-108 RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND INITIATING ABATEMENT PROCEEDINGS ON VARIOUS PARCELS THROUGHOUT THE CITY RESOLVED by the City Council of the City of Lodi that: The Council elects to proceed under Government Code §§ 39501-39588 to declare as a public nuisance and abate: a) all weeds growing upon streets, sidewalks and private property in the City; and b) all rubbish, refuse and dirt upon parkways, sidewalks and private property in the City. In this resolution and in all subsequent proceedings, weeds means weeds which, when mature, bear wingy or downy seeds which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, and includes sagebrush, chaparral, poison oak and poison ivy, when the conditions of growth are such as to constitute a menace to the public health, dry grass, stubble, brush, litter and all other flammable material which endangers the public safety by creating a fire hazard. 2. The City Council declares as a public nuisance: a) all weeds growing upon the streets, sidewalks and private property in the City; and b) all rubbish, refuse and dirt upon parkways, sidewalks and private property in the City. 3. The properties upon which or in front of which the nuisance declared in paragraph 2 exist are described in EXHIBIT "A" attached hereto and made a part hereof by reference. The Council finds and declares that weeds on or in front of the parcel specified in EXHIBIT "A" are seasonal and recurrent in nature. In accordance with Government Code §39562.1, the seasonal and recurrent nuisances shall be abated under §§39501-39588 and upon the second and subsequent occurrence in the same calendar year, no further hearings will be held and notice shall be by mailing a post card as provided in §39562.1. 4. The Public Works Director is the person designated to perform the duties imposed by Government Code §§39560-39588 upon the Superintendent, and all references in these proceedings to Superintendent means that person. 5. Wednesday, August 5, 1998 at the hour of 7:00 o'clock p.m. in the Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, 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 follows, and the heading of the notice shall read "Notice to destroy weeds and remove rubbish, refuse and dirt" in letters not less than 1" in height. The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT Notice is hereby given that on the 1st day of July, 1998, the City Council of the City of Lodi passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse and dirt were upon or in front of property on this 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 removal 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 land 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 Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the Lodi City Council to be held in the Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California on August 5, 1998 at the hour of 7:00 o'clock p.m. when their objections will be heard and given due consideration. Dated this 1 st day of July, 1998. Street Superintendent Director of Public Works City 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 which the nuisance exists. He shall post the notice at least 5 days before the time fixed for hearing objections by the City Council. He shall post 1 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 -foot frontage and 100 -foot frontage; and notices at not more than 100 feet apart if the frontage of the parcel is greater than 100 feet. 8. In addition to posting, the City Clerk shall mail written notice of the proposed abatement pursuant to Government Code §39567.1 to all persons owning property described in paragraph 3 of this resolution. The notice shall be mailed to each person to whom the property is assessed as shown on the last equalized assessment roll. The City 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 1" letters. Dated: July 1, 1998 ----------------------------------------------------------------- ----------------------------------------------------------------- I hereby certify that Resolution No. 98-108 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 1, 1998, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Land, Mann, Pennino and Sieglock (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None '�Mi cA ALICE M. RE CHE City Clerk 98-108 Page No. 1 06/30/98 497 STAR MARKET 1- 741 S CHEROKEE LN LN STE L LODI, CA 95240 500 CHRIS KESZLER 1- 314 W LODI AVE HAM LODI, CA 95241 502 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 503 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L ASSOC LTD LODI, CA 0 504 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L HAM LODI, CA 95242 505 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L ASSOC LTD LODI, CA 95242 506 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 507 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 508 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 509 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 510 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 511 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE L LODI, CA 95242 512 GALOWOOD ASSOC LTD PTP 1- 777 S HAM LN STE ; LODI, CA 95242 EXHIBIT A A.P.N.: 0473240009 741 S CHEROKEE LN NORTH AREA A.P.N.: 0582100013 1625 W HARNEY LN A.P.N.: 015520027 2439 INGLEWOOD DR A.P.N.: 0155200031 2453 INGLEWOOD DR A.P.N.: 0155200003 2464 INGLEWOOD DR A.P.N.: 0155200006 2456 INGLEWOOD DR A.P.N.: 0155200007 2448 INGLEWOOD DR P..P.N.: 0155200010 2440 INGLEWOOD DR A.P.N.: 0155200011 2432 INGLEWOOD DR A.P.N.: 0155200014 2424 INGLEWOOD DR A.P.N.: 0155200015 2416 INGLEWOOD DR A.P.N.: 0155200002 2472 INGLEWOOD DR A.P.N.: 0155200016 2410 INGLEWOOD DR Page No. 2 06/30/98 513 DAVE WILLIAMS & ASSOC 1- 1101 W KETTLEMAN LN #4 LODI, CA 95242 4 ARNAIZ DEVELOPMENT CO 1-8.0 PO BOX 8492 STOCKTON, CA 95208 9 KATHLEEN KELLY 1-28.0 694 E 6TH ST CHICO, CA 95928 13 LEO BURKE 1-36.0 1098 E WOODBRIDGE RD WOODBRIDGE, CA 95258 14 LEO BURKE 1-38.0 1098 E WOODBRIDGE RD WOODBRIDGE, CA 95258 15 IDA HOFFMAN 1-40.0 1635 EDGEWOOD DR LODI, CA 95240 16 IDA HOFFMAN 1-41.0 1635 EDGEWOOD DR LODI, CA 95240 17 IDA HOFFMAN TRS 1-42.0 1635 EDGEWOOD DR LODI, CA 95240 18 IDA HOFFMAN TRS 1-43.0 1635 EDGEWOOD DR LODI, CA 95240 197 THOMAS AND CATHY TUCKER 1-106.0 2043 KENWAY CT LODI, CA 95242 230 H D ARNAIZ CORP 1-108.0 PO BOX 8596 STOCKTON, CA 95208 499 DAVE MUSTIN 1-498 1 SUNSET DR N LODI, CA 95240 33 GLADYS BOWLES 2-2.0 5828 E FAIRL_ANE RD ACAyIPO, CA 95220 A.P.N.: 0273500029 1011 GENEVA WAY A.P.N.: 041-310-15 417 W. MOKELUMNE RIVER DR. -VACANT LOT A.P.N.: 049-180-13 1127 EAST BLACK DIAMOND WAY A.P.N.: 049-170-22 804 EAST BLACK DIAMOND WAY A.P.N.: 049-170-21 810 EAST BLACK DIAMOND WAY A.P.N.: 049-180-25 1008 EAST BLACK DIAMOND WAY A.P.N.: 049-180-24 1014 EAST BLACK DIAMOND WAY A.P.N.: 049-180-23 1020 EAST BLACK DIAMOND WAY A.P.N.: 049-180-22 1026 EAST BLACK DIAMOND WAY A.P.N.: 043-111-05 336 EAST LOCUST STREET A.P.N.: 041-460-40 548 YOKUTS DRIVE - VACANT AREA A.P.N.: 0430710001 40 NORTH MAIN ST A.P.N.: 047-342-03 508 SOUTH CENTRAL AVENUE Page No. 3 06/30/98 270 SHIRLEY Y COPP 2-4.0 483 SUNSET RT 2 SAN ANDREAS, CA .95249 69 WILLDON LAND CO 3-17.0 2754 COUNTRY CLUB CT STOCKTON, CA 95204 79 TAJ & SHAKILA KHAN 3-29.0 1112 RIVERGATE DR LODI, CA 95240 83 LEOPOLDO HERNANDEZ 4-6.0 - 602 S SACRAMENTO LODI, CA 95240 127 JAMES SHERIDAN QUINN 4-7.0 811 S PLEASANT AVE LODI, CA 95240 184 ARTURO LOPEZ 4-21.0 1920 S CHURCH ST LODI, CA 95240 199 CHRIS & LAVETA KESZLER 4-33.0 317 W LODI AVE LODI, CA 95240 110 MICHAEL & CATHY NILSSEN 5-4.0 612 NEVINS DR LODI, CA 95242 116 CAREY DEVELOPMENT CO 5-14.0 2575 GRAND CANAL BLVD 301 STOCKTON, CA 95207 262 DANA SMITH 5-15.0 211 AVENA AVE LODI, CA 95240 A.P.N.: 047-210-26 610 S WASHINGTON STREET A.P.N.: 058-370-02 2150 W KETTLEMAN LANE A.P.N.: 058-160-25 1423 S. LAKESHORE DR. A.P.N.: 045-240-07 713 S. SACRAMENTO ST. A.P.N.: 045-180-19 811 SOUTH PLEASANT AVENUE A.P.N.: 027-300-01 905 INTERLAKEN DR. A.P.N.: 027-350-04 1151 HEIDELBERG WAY A.P.N.: 041-340-01 803 N. SACRAMENTO ST. A.P.N.: 015-300-09 1000 BLOCK WOODHAVEN LN. A.P.N.: 015-230-29 1245 WOODHAVEN LANE U sj £ ��FORDECLARATION OF MAILING RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND INITIATING ABATEMENT PROCEEDINGS ON VARIOUS PARCELS THROUGHOUT THE CITY AND SETTING THE MATTER FOR PUBLIC HEARING ON AUGUST S. 1998 AT 7:00 P.M. On July 2, 1998, 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 July 2, 1998, at Lodi, California. ORDERED BY: ALICE M. REIMCHE CITY CLERK Jacqueline L. Taylor Deputy City Clerk Jennifer M. Perrin Deputy City Clerk deemail/forms