HomeMy WebLinkAbout1994-08-02; City Council; 12809; WEED ABATEMENT - PUBLIC HEARING TO HEAR PROTESTS TO COST ASSESSMENTS AND ADOPTION OF RESOLUTION CONFIRMING COSTS AND PROVIDING FOR COLLECTIONz 0 5 a
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EXHIBITS:
1. Resolution No. 94-94.
2. Cost Analysis.
3. Resolution No. 9q-ago .
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RESOLUTION NO. 94-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, DECLARING AS PUBLIC NUISANCES, WEEDS, RUBBISH, AND REFUSE UPON PRIVATE PROPm-WD
WHEREAS, weeds, rubbish and refuse exist or are likely to exist on vacant parcels
throughout the City; and
WHEREAS, said weeds, rubbish and refuse because of their combustibility,
constitute a hazard to the safety of the public and to private property during the drier
months of the year; and
NOW, THEREFORE, BE IT RESOLVED by the City Couricil of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That this Resolution, and all action taken subsequent hereto in connection herewith,
is taken pursuant to the provisions of California Government Code Section 39560, et. seq.
(Article 2, Alternate Procedures Under Chapter 13, Weed and Rubbish Abatement).
3. Words used in this Resolution and its subsequent action in connection herewith
shall be defined as outlined in said code sections.
4. The City Council of the City of Carlsbad hereby declares as public nuisances,
weeds, rubbish and refuse upon those certain parcels of private property in the City of
Carlsbad described on Exhibit 1, attached hereto and by this reference incorporated herein.
5. The City Council of the City of Carlsbad hereby declares its intention to cause the
removal of said weeds, rubbish and refuse. A public hearing will be held in the City
Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California on April 19,1994
at 6:OO p.m. to consider objections of property owners to said propcsed removal of weeds,
rubbish and refuse.
6. The City Clerk of the City of Carlsbad is hereby directed to mail written notices of
the proposed abatement of said nuisances to all persons owning property described in this
Resolution.
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7. The Fire Chief of the City of Carlsbad is hereby designated t:? perform the duties
imposed by the California Government Code Section 39560, et. sec;. upon the
superintendent.
PASSED, APPROVED AND ADOPTED at a regular meering of the City Council
held on the 5th day of April, 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila I
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NOES: None
ABSENT: None
ATTEST:
aQe.;dd- 4. 6Lz--+ ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO. 94-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, CONFIRMING THE REPORT OF THE FIRE CHIEF SHOWING
COST OF WEED ABATEMENT AGAINST EACH PARCEL OF LAND IN SAID
REPORT, CONFIRMING THE COST, AND PROVIDING FOR COLLECTION
QN THF REWR TAX BILL
WHEREAS, on April 19, 1994 this City Council adopted
Resolution No. 94-102 pursuant to Government Code
Sections, 39501 through Section 39588 declaring weeds, rubbish,
and refuse on the real property described therein to be a public
nuisance; and
WHEREAS, pursuant to said resolution, a hearing was held by
said City Council, and thereafter said City Council adopted
Resolution No. 94-94 directing the Fire Chief to abate the nuisance
by removal of the weeds, rubbish, and refuse on the real property
described in said resolution; and
WHEREAS, California State Government Code Section 39560,
et. seq., requires that a report of the cost of such abatement be
submitted to the City Council for consideration and confirmation
following a public hearing, and the Fire Chief has kept the required
accounts and has submitted his report to the Council for
confirmation; and
WHEREAS, said work has been duly performed in accordance,
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manner and form required by law; and
WHEREAS, at the appropriate time and place said report was
received and considered for confirmation by this City Counci\, at
which time all protests and objections were heard, and this City
Council gave all persons present an opportunity to be heard in
respect to any matter relating to said abatement work; and
WHEREAS, all persons desiring to be heard have been heard by
this City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the abatement work, the report submitted to this
Council, and the posting of the Notice of Time and Hearing on said
report were duly and regularly performed in the manner and time
required by law.
3. That all protests and objections, other than those
heretofore allowed and deleted from said report, if any, were and
are hereby overruled and denied.
4. That said report, a copy of which is on file in the office of
the City Clerk, and by this reference made a part hereof, is hereby
confirmed, and each of the amounts set forth therein are hereby
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assessed against the parcel of real property shown with said sum
and shall constitute a special assessment and a lien against such
parcel of land.
5. The City Clerk is hereby directed to forward a certified
copy of this resolution, together with a copy of said report to the
office of the San Diego County Auditor on or before August 10, 1994.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council held on the 2nd day of August, 1994 by the
following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALE-THA L. RAUTENKRANZ, City Clerk
(SEAL)