HomeMy WebLinkAbout5086
~--------
" '(
o
RESOLUTION NO. 5086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AUTHORIZING AND INSTRUCTING
THE COUNTY OF LOS ANGELES AGRICULTURAL COMMISSIONER
TO IMPLEMENT THE PROVISIONS OF ASSEMBLY BILL 2854
OF JUNE 30, 1982, PROVIDING FOR RECOVERY OF WEED
AND BRUSH ABATEMENT ENFORCEMENT COSTS IN THE FORM
OF A $13.00 ASSESSMENT ON ALL PARCELS CLEARED IN
THE CITY OF ARCADIA, CALIFORNIA BY THE AGRICULTURAL
COMMISSIONER
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. That the City of Arcadia, California, does contract
with the County of Los Angeles for weed abatement services.
SECTION 2. That the City Couneil of the City of Arcadia adopts
this Resolution pursuant to the provisions of Assembly Bill 2854
authorizing and providing for the recovery of weed and brush abate-
ment costs incurred in clearing parcels in the City of Arcadia,
California, pursuant to this City's weed abatement program and the
weed abatement agreement between the City of Arcadia and the County
of Los Angeles.
SECTION 3. That the County of Los Angeles Agricultural Commis-
sioner is hereby authorized and instructed to implement the provisions
of Assembly 2854 of June 30, 1982, providing for recovery of weed
and brush abatement costs in the form of a $13.00 assessment on all
parcels cleared in the City of Arcadia, California, by the Agricultural
Commissioner.
-1-
5086
SECTION 4 That the Clerk of the Council shall certify to the adoption
of this resolution.
I HEREBY,CERTIFY that the foregoing resolution was'adopted at a regular
meeting of the City Council of the City of Arcadia held on the l5~h day of
February, 1983 ,by the affinnative vote of at least three Councilmen,
to wit:
AYES:
NOES:
ABSENT:
Councilmen
None
None
Dring, Haltom, Hannah, Lojeski & Pellegrino
{//~.~~~(I~
City Clerk of the City of Arcadia
SIGNED AND APPROVED this 15th day of February, 1983.
City Clerk
~ft
t;J
-2-
5086
Assembly Bill No. 2854
CHAPTER 352
An act to amend Sections 39573 and 39577 of the Government
Code, and to amend Sections 14902 and 14912 of the Health and
Safety Code, relating to weed abatement,
[Approved by Governor June 30, 1982. Filed with
Secretary of Slate June 30, 1982.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2854, Cortese, Weed abatement costs,
Under existing law, cities and cOWlties are authorized to provide
for the inspection and abatement of weeds and rubbish in
accordance with prescribed procedures, The cost of abatement
becomes a special assessment against the parcel, and a lien for
payment thereof attaches to the parcel.
This bill would authorize an agency in any case in which an order
to abate is issued to impose the special assessment and lien for the
costs incurred in enforcing abatement upon the parcel, including
investigation, boWldary determination, measurement, clerical and
other related costs, .
The people of the State of California do enact as follows:
SECTION 1. Section 39573 of the Government Code is amended
to read:
39573, Before the superintendent arrives, any property owner
may remove the weeds, rubbish, refuse, and dirt at his own expense,
Nevertheless, in any case in which an order to abate is issued, the
legislative body by motion or resolution may further order that a
special assessment and lien be imposed pursuant to Section 39577, In
that case the assessment and lien shall be limited to the costs incurred
by the responsible agency in enforcing abatement upon the parcels,
including investigation, bOWldary determination, measurement,
clerical and other related costs, .
SEe. 2, Section 39577 of the Government Code is amended to
read:
39577. The cost of abatement in front of or upon each parcel of
land and the costs incurred by the responsible agency in enforcing
abatement upon the parcels, including investigation, boundary
determination, measurement, clerical and other related costs,
constitutes a special assessment against that parcel. After the
assessment is made and confirmed, a lien attaches on the parcel upon
recordation of the order confirming the assessment in the office of
the COWlty recorder of the county in which the property is situated,
except that if any real property to which such lien would attach has
.,
9650
S'Og(.
>~~
..
Assembly Bill No, 2854
CHAPTER 352
An act to amend Sections 39573 and 39577 of the Government
Code, and to amend Sections 14902 and 14912 of the Health and
Safety Code, relating to weed abatement.
[Approved by Governor June 30, 1982. Filed with
Secretary of State June 30, 1982.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2854, Cortese, Weed abatement costs,
Under ensting law, cities and counties are authorized to provide
for the inspection and abatement of weeds and rubbish in
accordance with prescribed procedures, The cost of abatement
becomes a special assessment against the parcel, and a lien for
payment thereof attaches to the parcel.
This bill would authorize an agency in any case in which an order
to abate is issued to impose the special assessment and lien for the
costs incurred in enforcing abatement upon the parcel, including
investigation, boundary determination, measurement, clerical and
other related costs, '
The people of the State of Califorma do enact as follows:
SECfION 1. Section 39573 of the Government Code is amended
to read:
39573, Before the superintendent arrives, any property owner
may remove the weeds, rubbish, refuse, and dirt at his own expense,
Nevertheless, in any case in which an order to abate is issued, the
legislative body by motion or resolution may further order that a
special assessment and lien be imposed pursuant to Section 39577. In
that case the assessment and lien shall be limited to the costs incurred
by the responsible agency in enforcing abatement upon the parcels,
including investigation, boundary determination, measurement,
clerical and other related costs,
SEe. 2, Section 39577 of the Government Code is amended to
read:
39577, The cost of abatement in front of or upon each parcel of
land and the costs incurred by the responsible agency in enforcing
abatement upon the parcels, including investigation, boundary
determination, measurement, clerical and other related costs,
constitutes a special assessment against that parcel. After the
assessment is made and confirmed, a lien attaches on the parcel upon
recordation of the order confirming the assessment in the office of
the county recorder of the county in which the property is situated,
except that if any real property to which such lien would attach has
.
9650
. l ',"T ~
..
~,
l.tf!"""'~ ,""l
Ch, 352
-2-
been transferred or conveyed to a bona fide purchaser for ~ue, or
if a lien of a bona fide encumbrancer for value has been created and
attaches thereon, prior to the date on which the first installment of
such taxes as imposed by Section 39578 would become delinquent,
then the lien which would otherwise be imposed by this section shall
not attach to such real property and the costs of abatement and the
costs of enforcing abatement, as confirmed, relating to such property
shall be transferred to the unsecured roll for collection,
SEC, 3, Section 14902 of the Health and Safety Code is amended
to read:
14902, Before the arrival of the officer, board, or commission, or
their representatives, any property owner may remove weeds at his
or her own expense. Nevertheless, in any case in which an order to
abate is issued, the board by resolution or motion may further order
that a special assessment and lien be imposed pursuant to Section
14912, In that case the assessment and lien shall be limited to the costs
incurred by the responsible agency in enforcing abatement upon the
parcels, including investigation, boundary determination,
measurement, clerical, and other related costs,
SEC, 4, Section 14912 of the Health and Safety Code is amended
to read:
14912, The amount of the costs for abating the nuisance in front
of or upon the various parcels of the land mentioned in die report
as confirmed and the amount of the costs incurred by the responsible
agency in eriforcing abatement upon the parcels, including
investigation, boundary determination, measurement, clerical and
other related costs, shall constitute special assessments against the
respective parcels of land, and are a lien on the property for the
amount of the .respective assessments, Such lien attaches upon
recordation in the office of the county recorder of the county in
which the property is situated of a certified copy of the resolution of
confirmation, The assessment may be collected at the same time and
in the same manner as ordinary municipal ad valorem taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for such taxes,
All laws applicable to the levy, collection and enforcement of
municipal ad valorem taxes shall be applicable to such assessment,
except that if any real property to which such lien would attach has
been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value hlis'been created and
attaches thereon, prior to the date on which the fi,rst installment of
such taxes would become delinquent, then the.lien'which would
otherwise be imposed by this section shall not attach to such real
property and the costs of abatement and the costs of enforcing
abatement, as confirmed, relating to such property shall be
transferred to the unsecured roll for collection,
o
96 70