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Home My Public Portal AboutResolution 98-36951 1 RESOLUTION NO. 98 -3695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING THE CONDITION OF CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF WEEDS, EXCESSIVE VEGETATION, DEAD LANDSCAPE MATERIAL, AND ORGANIC DEBRIS WHEREAS, Government Code Sections 39560 et seq. authorizes the City Council to declare properties within the City's jurisdictional boundaries to be public nuisances and further authorizes the abatement of said nuisances by causing the removal of all weeds, excessive vegetation, dead landscape material, and organic debris; and WHEREAS, state and local law authorizes the City to charge the cost of abatement to the property owner and such cost shall constitute a special assessment lien against the subject property; and WHEREAS, it is a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the City of Temple City that is maintained contrary to the provisions of Temple City Municipal Code Section 4230; and WHEREAS, the City Council has determined and hereby declares weeds on certain properties to be seasonal and recurrent nuisances; and WHEREAS, the City Council hereby orders all seasonal and recurrent nuisances shall be abated pursuant to this resolution, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mil a postcard notice to the owners of the property as they awl their addresses appear upon the current tax assessment roll. NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows: SECTION 1. The City Council hereby declares the properties identified and listed in Exhibit A of this resolution to be public nuisances and orders those persons owning, leasing, occupying, or having charge or possession of the subject properties to cause the abatement of said nuisance within thirty, (30) days, including the removal of all weeds, excessive vegetation, dead landscape material, and organic debris as required by this resolution. SECTION 2. The City Council hereby authorizes the City Manager to abate seasonal and recurrent public nuisances utilizing City forces or private contracts to cause the removal of all weeds, excessive vegetation, dead landscape material, and organic debris from tho$,e properties identified and listed in Exhibit A of this resolution. SECTION 3. The City Manager shall maintain an account of the specific expenditures (including incidental expenses) of abating such nuisance regarding the related work performed on the subject property and shall submit an, itemized report in writing to the City Council detailing the specific cost of abatement, including the removal of any weeds, excessive vegetation, dead landscape material, organic debris or any landscape rehabilitation of the subject property. A copy of the report shall be posted for a minimum of five (5) days upon the subject property prior to City Council acceptance of the report and shall include a notice indicating the time and place where the report shall be considered by the City Council for acceptance. A copy of the report and notice shall be served upon the subject property owners in accordance with Temple City Municipal Code Section 4235 at least five (5) days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Resolution No. 98 -3695 Page 2 Clerk. The term "incidental expenses" shall be limited to the actual expenses and costs incurred by the City for the preparation of notices, specifications, and contracts, including the costs for printing and mailing such material. SECTION 4. At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. SECTION 5. The total cost of abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon.it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale of cases of delinquency as provided for ordinary municipal taxes. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED on this 4th day of August 1998. 1, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 98 -3695, was adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of August 1998 by the following vote: AYES: Councilman - Breazeal, Souder, Wilson, Brook NOES: Councilman-None ABSENT: Councilman- Gillanders 1 1 1 1 1 WRH /RESO /19167.1 E X H I B I T A RESOLUTION NO. 98 -3675 CALENDAR YEAR 1998 4910 Arden Drive Parcel No. 8585- 016 -025 Herbert Roberts Estate 11265 La Rosa Drive Arcadia, CA 91006 5208 Arden Drive Parcel No: 8585 - 019 -008 Art J. and Theresa C. Saracho 5208 Arden Drive Temple City, CA 91780 6154 Burton Avenue Parcel No. 5386 - 007 -071 •Kang T. Liao 6137 Golden West Avenue Temple City, CA 91780 10659 Daines Drive Parcel No. 8586 - 010 -041 Pasquale and Domenica Colucci 4914 Baldwin Avenue Temple City, CA 91780 9420 -9440 Gidley Street Parcel No. 8592 - 003 -048 Mairoll Inc. 300 W. Service Road Chantilly, VA 22021 9549 Gidley Street Parcel No. 8592 - 002 -054 Randy G. Nagby 9842 Val Street Temple City, CA 91780 10224 Green Street Parcel No. 8585 - 006 -025 Glenn B. and Suzanne R. Whiting 95 Sequoia Drive Pasadena, CA 91105 6161 Kauffman Avenue Parcel No. 5385 -017 -001 Douglas and Beverly Cooper 716 Val Street Arcadia, CA 91007 9812 E. Lemon Avenue 5383 - 025 -005 Lauway International USA Inc. 9812 E. Lemon Avenue Arcadia, CA 91007 -7931 10236 -10244 Live Oak Avenue 8586 - 016 -033 Carol J. Hinds 240 N. Mayflower Avenue Monrovia, CA 91016 9622 Longden Avenue Parcel No. 5385 - 016 -010 Martin Leska 9622 Longden Avenue Temple City, CA 91780 9649 Longden Avenue Parcel No. 5383 - 015 -012 Larry L. Lint 9649 Longden Avenue Temple City, CA 91780 9969 Miloann Street Parcel No. 8589 - 006 -014 Chun K Wong 304 Laspino Lane Diamond Bar, *CA 91765 10104 Olive Street Parcel No. 8585 -002 -020 Michael Shui 10104 Street Temple City, CA 91780 5535 Pal Mal Avenue Parcel No. 8586 - 011 -058 Virginia L. Schuck 5535 Pal Mal Avenue Temple City, CA 91780 WRH /RESO /19167.1 1 1 WRH /RESO /19167.1 6154 Temple City Boulevard Parcel No. 5385 - 015 -019 Robert K. Miller 6154 Temple City Boulevard Temple City, CA 91780 5341 ;ielland Avenue Parcel No. 8573 - 016 -013 Hindaja Harijanto 1936 Mairemont Drive Walnut, CA 91784 4831 Willmonte Avenue Parcel No. 8589 -024 -018 Charlotte C. Dodge 4831 Willmonte Avenue Temple City, CA 91780