RES-10306 Declaration of Public Nuisance and Initiating Weed Abatement and Removal ProceedingsRESOLUTION NO. 10306
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE WEEDS AND
RUBBISH UPON PROPERTY LOCATED ON
ASSESSOR'S PARCEL NUMBERS 094-451-
38 AND 094-122-21 IN THE CITY
OF ORANGE, COUNTY OF ORANGE, A
MENACE TO ADJACENT IMPROVED
PROPERTY CONSTITUTING A PUBLIC NUISANCE
AND INITIATING
ABATEMENT AND REMOVAL PROCEEDINGS.NOW, THEREFORE, be it resolved that the City Council of
the City of Orange elects to proceed under Government Code Section 39501-39588
to declare a public nuisance and abate all weeds growing upon certain streets,
sidewalks and private property, described below,
in the City of Orange.1. In this Resolution and in all subsequent
proceedings, "weeds" shall be defined pursuant to Government Code Section 39560, and means
weeds which when mature bear wingy or downy seeds, which will attain such a large growth as
to become a fire menace when dry, or which are otherwise noxious or
dangerous. Pursuant to Government Code Section 39561.5, weeds include but are not limited to poison oak
and poison ivy, when the conditions of growth are such as to constitute a menace to
the public health, and sagebrush,chaparral, dry grass, stubble, brush, litter and other
flammable material which endangers the public safety
by creating a fire hazard.2. The City Council declares as a public nuisance
all weeds growing upon the streets, sidewalks and private property located at Tract No. 65 Portions
of Lot 6 & 7 (AP#094-451-38) and AB Chapman Tract, Block
M, Portions of Lot 7 (AP# 094-122-21),generally located between La Veta
Avenue to the north, Fairhaven Avenue to the south,Esplanade Street to the east and Woodland
Street to the west, in the City of Orange.3. The property upon which,
or in front of which, the nuisance declared in paragraph 2 exists are described in EXHIBIT
A attached hereto and made a part by this reference. The City Council finds and declares
that weeds on or in front of the parcels specified in EXHIBIT A
are seasonal and recurrent in nature. In accordance with Government Code Section 39562.
1, the seasonal and recurrent nuisances shall be abated under Government
Code Sections 39501-39588 and upon the second and subsequent occurrence in the same calendar year, no
further hearings will be held and notice shail be by mailing a postcard to the owners
of the
property as their address appears on the current assessment role.4. The Fire Marshal
is hereby designated as the person to perform the duties imposed by
Superintendent, as defined by Government Code Section 39560, and all
5. The City Council hereby resolves that Tuesday, July 8, 2008, at the hour of
7:00 p.m., or soon thereafter, at the Orange City Council Chambers, 300 E. Chapman
Avenue, Orange, California, is fixed as the time and place for hearing all objections to the
proposed removal of weeds from the property described in EXHIBIT A.
6. The City Clerk shall mail written notice of the proposed abatement to all
persons owning property described in paragraph 3 of this Resolution. The notice shall be
mailed to each person to whom the property is assessed as shown on the last equalized
assessment roll. The clerk shall mail the notice at least five days before the time set for the
hearing. The notice shall be in substantially the following form:
Notice is hereby given that on the June 24, 2008, the City Council of the City of Orange
passed Resolution No. 10306 declaring that noxious or dangerous weeds were growing upon
or in front of the property on this street, and more particularly described in the Resolution,
and that they constitute a public nuisance which must be abated by the removal of the weeds.
Otherwise, they will be removed and the nuisance abated by the City and the cost of removal
assessed upon the land from or in front of which the weeds are removed, will constitute a lien
upon such land until paid. Reference is hereby made to the Resolution for further particulars.
A copy of said Resolution is on file in the office of the City Clerk.
All property owners having any objections to the proposed removal of the weeds are
hereby notified to attend a meeting of the City Council of the City of Orange to be held at the
Orange City Council Chambers, 300 E. Chapman Avenue, Orange, California, on July 8,
2008, at the hour of 7:00 p.m., when their objections will be heard and given due
consideration.
ADOPTED this 24th day of June, 2008
ATTEST:
of Orange
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I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 24t day of June, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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