HomeMy WebLinkAboutResolutions - No. 93-109RESOLUTION NO. 93-109
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 Section 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, chapparel, 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 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 will be held and notice
shall be by mailing a post card as provided in section 39562.1.
4. The Public Works Director is the person designated to perform the
duties imposed by Government Code Sections 39560-39588 upon the
Superintendent, and all references in these proceedings to
Superintendent means that person.
5. Wednesday, September 15, 1993 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 September, 1993, 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 September 15,
1993 at the hour of 7:00 o'clock p.m. when their objections will be
heard and given due consideration.
Dated this 1st day of September, 1993.
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 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
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.
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8. In addition to posting, the City Clerk shall mail written notice
of the proposed abatement 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 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.
Adopted by the City Council of the City of Lodi this 1st day of
September, 1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
RES93109/TXTA.02J
93-109
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J'4 IFER j'. PERRIN
City Clerk
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