HomeMy WebLinkAboutResolutions - No. 85-89RESOLUTION NO. 85-89
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND
INITIATING ABATEMENT rxcu,rwwINGS - 205 FLORA STREET,
LODI, CALIFORNIA
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 wingyor 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 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 property 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 of this 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 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 director of public works 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, August 21, 1985 at the hour of 7:30 o'clock p.m. at the
Lodi City Council Chambers, 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: the heading
of the notice shall be "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 24th day of July 1985, 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 City Council of the City of Lodi to be held at the Lodi
City Council Chambers, Lodi, California on August 21, 1985, at the hour
of 7:30 o'clock p.m. when their objections will be heard and given due
consideration.
Dated this 24th day of July, 1985
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 council. He
shall post 1 notice to each separately owned parcel of property of not
over 50-footfrontage; not more than 2 notices to each separately owned
parcel of property of between 50-feetfrontage and 100-feetfrontage;
and notices at not more than 100 feet apart if the frontage of the
parcel is greater than 100 feet.
8. In addition to posting, the City Clerk shall mail written notice
of the proposed abatement to all persons owning property described in
paragraph 4 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 24th day of
July, 1985 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Snider, Reid,
and Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
,,:
ALICE M. REIMCHE
City Clerk
ErclIBIT "A"
Parcel No. 047-192-37
Owner - Clarence Endicott
c/o Royal Oaks Convalescent Hospital
144 F Street
Galt, California 95632
Situs Address
205 Flora Street
Lodi, California