HomeMy WebLinkAboutResolutions - No. 92-164RESOLUTION NO. 92-164
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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 RESOLUTION NO. 92-164
Abatement
The City Council adopted Resolution No. 92-149 on August 19, 1992
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 September 16, 1992 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 August 19, 1992 the 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. 92-149 adopted
August 19, 1992.
(2) The Council fixed September 16, 1992 at the hour of 7:30 o'clock
p.m., in the 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 Sections 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 cause copies
of the notice to be conspicuously posted on or in front of the property where
the nuisance exists; the City did mail written notice of the proposed abatement
to all persons owning property described in Resolution No. 92-149 in the time,
form and manner prescribed by law.
(3) The City Council did hold a public hearing on September 16, 1992
at 7:30 p.m. 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
September 16, 1992.
Resolution No. 92-164
September 16, 1992
Page Two
(4) The Superintendent is ordered to abate the nuisance declared by
Resolution No. 92-149 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 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 29574.
Dated: September 16, 1992
Adopted by the City Council of the City of Lodi on September 16, 1992
by the following vote:
Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Attest:
Alice M. Reimche
City Clerk
RES92164/TXTA.02J
TWO ADDITIONAL PARCELS TO BE INCLUDED IN THE
CITY OF LODI'S 1992 WEED ABATEMENT PROGRAM
Parcel 1. 424 South School Street
Owner: Viola O. Fahrner
APN 045-201-0018
Parcel 2. 706 S. Garfield Street
Owner: Maribel Munoz
APN 047-323-0003