HomeMy WebLinkAboutResolutions - No. 82-84RESOLUTION NO. 82-84
RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE
AND INITIATING ABATEMENT PROCEEDINGS
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 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.
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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 referenes
in these proceedings to superintendent means that person.
5. August 18, 1982 at the hour of 8:00 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 4th day of August,
1982, 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 resolutipn, 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 18,1982, at the hour of 8;00 o'clock
p.m., when their objections will be heard and given due con-
sideration.
Dated this 4th day of August, 1982.
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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 -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
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 on August 4,
1982 by the following vote:
Ayes: Council Members - Olson, Snider, Pinkerton,
Murphy and Reid
Noes: Council Members - None
Absent: Council Members - None
bei,
ALICE M. REIMCHE
City Clerk
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