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HomeMy WebLinkAbout2004-08-03; City Council; Resolution 2004-261RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC # 2004-0740745 I 1111ll1111111ll1 lllll11111111111111111111 11111 11111 11111 11111 1111 1111 AUG 05,2004 8:47 AM 0 FFl Cl AL RECORDS SAN DlECiO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 10.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDERS USE Resolution No 2004-261 Kord\County Recorder\Recorder Cover Sheet.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-261 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 ON THE REGULAR TAX BILL WHEREAS, on April 6,2004, this City Council adopted Resolution No. 2004-101 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. 2004-129, directing the Fire Chief to abate the nuisance by removal of the weeds, rubbish, and refise 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 with applicable laws and regulations; and WHEREAS, at the appropriate time and place said report was received and considered for confirmation by this City Council, 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. a 1 2 3 4 5 6 7 a 9 1c 11 12 12 1 4 15 16 17 18 19 20 21 22 23 24 25 2f 27 28 3. 4. 5. That all protests and objections, other than those heretofore allowed and deleted from said report, if any, were and are hereby overruled and denied. 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 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. 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 10,2004. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of Auqust ,2004, by the following vote: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: h77-Tz --&kRAI$E M. WOOD, City Clerk (SEAL < -2- 3 EXHIBIT 4 CERTIFICATION STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss. I, Debra Doerfler, Deputv City Clerk, of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Carlsbad City Council Resolution No. 2004-261 dated August 3, 2004, which original is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 3rd day of August 2004. DebraDoerheF / [ lY Deputy City Cle CITY OF CARISBAD (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-261 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 ON THE REGULAR TAX BILL WHEREAS, on April 6,2004, this City Council adopted Resolution No. 2004-101 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. 2004-129, 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 with applicable laws and regulations; and WHEREAS, at the appropriate time and place said report was received and considered for confirmation by this City Council, 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. -A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 10,2004. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of August ,2004, by the following vote: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: dRRA E M. WOOD, City Clerk (SEAL P -2- 3