HomeMy WebLinkAboutResolutions - No. 96-163RESOLUTION NO. 96-163
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:
1. 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.
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, December 18, 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 6th day of November, 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
December 18, 1996 at the hour of 7:00 o'clock p.m. when their objections will be heard
and given due consideration.
Dated this 6th day of November, 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: November 6, 1996
I hereby certify that Resolution No. 96-163 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 6, 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
96-163
EXHIBIT A
PARCELS WITH EXISTING TUMBLEWEEDS
I
Owners Name/Address
APN # I
Situs Address
Geweke Family Trust
1045 S. Cherokee Lane
Lodi, CA 95240
049-070-78
1150 S. Beckman Road
John Donovan et at
225 West Elm Street
049-180-13
1127 Black Diamond Way
Lodi, CA 95240
049-170-22
,804 Black Diamond Way
Kettleman It, PTP
301 S. Ham Lane, Suite A
058-160-50
2122 W. Kettleman Lane
Lodi, CA 95242
058-160-51
2132 W. Kettleman Lane
049-180-22
1026 Black Diamond Way
Ida Hoffman, et al
049-180-23
1020 Black Diamond Way
1635 Edgewood Drive
049-180-24
1014 Black Diamond Way
Lodi, CA 95240
049-180-25
1008 Black Diamond Way
Cye G. Vaughan
224 1/2 Sage Street
049-160-06
927 Industrial Way
Elko, NV 89801
049-160-07
1005 Industrial Way
Robert & H. I. Munyon
7787 E. Jahant Road
Acampo, CA 95220
062-190-10
11841 Ackerman Drive
Anastasios & C. Pappous
5395 Entrada Olmos
San Jose, CA 95123
062-410-18
2507 Maggio Circle
Von Koenig, Stark Investment
'
3900 McHenry Avenue
Modesto, CA 95356
062-410-20
139 East Harney Lane
John & Joanne Donovan
P. O. Box 456
049-170-21
430 N. Beckman Road
Lodi, CA 95241
049-170-22
810 Black Diamond Way
Apache Plastics LP
2050 E. Fremont St.
Stockton, CA 95205
049-070-57
1300 South Beckman Road
I
AMENDED
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