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HomeMy WebLinkAbout5571 RESOLUTION NO. 5571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF. (PUBLIC HEARING MARCH 5, 1991) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That, pursuant to the provisions of Articles 1 and 2, Chapter 13, part 2, Division 3, Title 4, of the California Government Code, sections 39500 to 39588, inclusive, and evidence received by it, the city Council of the City of Arcadia specifically finds: SECTION 2. That the weeds growing upon the streets and sidewalks in front of said property are weeds which bear seeds of a wingy or downy nature or attain such large growth as to become a fire menace to adjacent improved property when dry, or which are otherwise noxious and dangerous. SECTION 3. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety. SECTION 4. That by reason of the foregoing fact, the weeds or dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property constitute a public nuisance and should be abated as such. u 5571 1 SECTION 5. That the private property, together with the streets and sidewalks in front of same herein referred to, is more particularly described as follows, to-wit: That certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full at this point. SECTION 6. That pursuant to the findings of fact, by this Council heretofore made, that the weeds or dry grass, stubble, refuse, or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a public nuisance which should be abated. The Agricultural commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds or dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail and said notice shall be substantially in the following form to-wit: SECTION 7. That the Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a public nuisance and endanger the public safety. 5571 2 NOTICE TO DESTROY WEEDS, REMOVE BRUSH, RUBBISH, REFUSE, AND DIRT Notice is hereby given that on February 19, 1991, the City Coun- cil of the City of Arcadia passed or will pass a resolution declaring that noxious or dangerous weeds, sagebrush and/or chaparral were growing upon or in front of said property or certain streets in said City or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a fire hazard or public nuisance which must be abated by the removal of said weeds, brush, rubbish, refuse and dirt, otherwise they may be removed and the nuisance abated by City or County authorities and the cost of removal assessed upon the land from or in front of which the weeds, brush, rubbish, refuse and dirt are removed, and such cost will constitute a special assessment against such lots or lands. In addition, the Board of Supervisors authorized and directed the Agricultural Commissioner to recover its costs for inspection of the subject property. Reference is hereby made to said resolution for further details. All property owners having any objections to the proposed removal of weeds, brush, rubbish, refuse, dirt, and the recovery or inspection costs are hereby notified that they may attend a meeting of the City council of the City of Arcadia to be held in the Council Chamber of said City at 7:30 p.m. on March 5, 1991. Protests which are not resolved will be heard and given full consideration. If the property owner does not want to present objections to the proposed removal of the weeds, brush, rubbish, refuse, dirt or to the recovery of inspection costs, he/she need not appear at the above-mentioned hearing. ~ cit erk 5571 3 SECTION 8. Property owners are advised that regrowth after first removal should not be permitted otherwise City crews may clear regrowth. SECTION 9. That Tuesday, the 5th day of March, 1991, at the hour of 7:30 p.m. of said day is the day and hour, and the Meeting Room of the City council of the City of Arcadia in the city Hall in the City of Arcadia is fixed by this City Council as the place when and where any and all property owners having any objections to the aforesaid proposed removal of weeds or dry grass, stubble, refuse, or other flammable material may appear before the City Council and show cause why said weeds or dry. grass, stubble, refuse, or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heard and given due consideration; and , SECTION'10. That the City Clerk shall certify to the adoption of this resolution and the notices to destroy weeds or dry grass, stubble, refuse or other flammable material hereinbefore referred to shall be mailed by said Agricultural Commissioner/Director of Weights and Measures at least ten days prior to March 5, 1991. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF FEBRUARY, 1991. h7C74/~~ Mayor of he cit of Arc ia A~:",J ~_~ C' Clerk of t City'of Arcadia 5571 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ARCADIA ) I, JUNE D. ALFORD, CITY CLERK OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 5571 WAS PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARCADIA, SIGNED BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK AT A REGULAR MEETING OF SAID COUNCIL ON THE 19TH DAY OF FEBRUARY, 1991, AND THAT SAID RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE, TO WIT: AYES: Councilmember Ciraulo, Fasching, Gilb, Harbicht, and Young NOES: None ABSENT: None j) 5571 5 STATE OF CALIFORNIA SS CXlUNTY OF IDS ANGEIES CA'I'O R. FIFSDAL, DEfUI'Y DIRECIOR, AGRIaJI:IURALa:MMISSIONER,I WEIGHTS AND MEASURES, bein:J first duly sworn says: That on or before the 4th day of February, 1991, as required by the Goverrnnent Code of the state of california, he notified by united states Mail or caused to be notified by United states Mail the owners of each of the properties des=ibed in the attached list a notice or notices to destrcy noxious or dangerous weeds, of which the annexed is a true copy, and settin:J the 5th day of March, 1991, as the date upon which owners of said property could atterrl a meetin:J of the Council of the city of Arcadia, when their objections will be heard and given due consideration. ~~ "'" SUBSCRIBED AND SOORN TO BEFORE ME This 19th day of Februa ry , 1991 ~i~~ 5571 ...- L" 1~ I I , \--LQ.NE /: , I ' '- i -~ . 02 I,i, a2 i.~! 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