HomeMy WebLinkAboutResolutions - No. 96-189RESOLUTION NO. 96-189
A RESOLUTION OVERRULING OBJECTIONS AND PROCEEDING WITH
ABATEMENT BEFORE THE CITY COUNCIL OF THE CITY OF LODI
IN THE MATTER OF WEED ABATEMENT PROCEEDINGS
Overruling Objections and
Determining to Proceed with
Abatement
RESOLUTION No. 96-189
The City Council adopted Resolution No. 96-163 on November 6, 1996, which by
its terms the Council elected to proceed under Government Code Sections 39501-39588
and did declare as a public 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 December 18, 1996 and no objections to the proposed
removal of weeds, rubbish, refuse and dirt were made or presented either in writing or
orally;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS
FOLLOWS:
(1) On November 6, 1996, the City Council elected to proceed under
Government Code Sections 39501-39588 and did declare as a public nuisance all weeds
growing upon the streets, sidewalks 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. 96-163, adopted November 6, 1996.
(2) The Council fixed December 18, 1996 at the hour of 7:00 o'clock p.m., in
the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, as the time and
place for hearing all objections to the proposal of removal of weeds, rubbish, refuse and
dirt, and the Director of Public Works was designated as the person to perform the duties
imposed by Government Code Section 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; the City did mail written notice of the proposed abatement
to all persons owning property described in Resolution No. 96-163 in the time, form and
manner prescribed by law.
(3) The City Council did hold a public hearing on December 18, 1996, 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 December 18, 1996.
(4) The Superintendent is ordered to abate the nuisance declared by Resolution
No. 96-163 by having the weeds, rubbish, refuse and dirt removed and for this purpose, on
those parcels shown on the attached exhibit (Exhibit A), 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/her 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 confirmation, an itemized written report showing this cost, all
as more particularly prescribed by Government Code Section 39574.
Adopted by the City Council of the City of Lodi on December 18, 1996 by the
following vote:
AYES: COUNCIL MEMBERS - Land, Mann, Sieglock, Warner and
Pennino (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
City Clerk
96-189
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PERRIN