HomeMy WebLinkAboutResolutions - No. 96-08RESOLUTION NO. 96-08
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, March 20, 1996 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 7th day of February, 1996, 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
March 20, 1996 at the hour of 7:00 o'clock p.m. when their objections will be heard and
given due consideration.
Dated this 7th day of February, 1996.
Street Superintendent
Director of Public Works
City of Lodi
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 in paragraph 6 and shall be signed by the
City Clerk. The notice need not contain the heading in 1" letters.
Dated: February 7, 1996
I hereby certify that Resolution No. 96-08 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 7, 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
04IFJM. PERRIN
City Clerk