HomeMy WebLinkAboutResolutions - No. 84-133RESOLUTION NO. 84-133
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND
INITIATING ABATEMENT t'aurruINC - 713 SOU1H
SACRAMENIO STREET, I.mI , 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 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,
chappare1, 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 parcels 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.
84-133
5. Wednesday, October 3, 1984 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:
N Y ICE 1n LIEJ izur WEEDS AND RIIVENE
RUBBISH, REFUSE AND DIRT
Notice is hereby given that on the 5th day of September,
1984, 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 October 3, 1984, at the
hour of 7:30 o'clock p.m., when their objections will be heard and
given due consideration.
Dated this 5th day of September, 1984.
Di
Ci t
eet Superintendent
ctor of Public Works
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. Be 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 -feet frontage and
100 -feet frontage; 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 forth 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 5th day of September,
1984 by the following vote:
Ayes: Council Members - Hinchman, Reid, Olson
& Snider (Mayor}
Noes: Council Members - None
Absent: Council Members - Pinkerton
Alice M. Re'me he
City Clerk
EXHIBIT "A"
Parcel No. 045-240-07
Owner - Angelantonio De Rubes
2755 Ordway, N.W. 406
Washinton, D.C. 20008
Situs Address
713 South Sacramento Street, Lodi