HomeMy WebLinkAboutRES NO 111-95RESOLUTION NO. 1 1 1 - 9 5
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT
REGARDING ASSESSMENT OF PROPERTY IN THE CITY OF
BAKERSFIELD FOR WEED AND WASTE MATTER ABATEMENT.
WHEREAS, the property in the City of Bakersfield described by
assessor parcel number and street address in Exhibit "A", attached
hereto and incorporated by this reference herein, was determined to
be a public nuisance under Municipal Code Chapter 8.28 due to the
presence of hazardous weeds, debris, and waste matter; and
WHEREAS, notices and orders of Bakersfield Fire Department
Inspector Tony DeMarco, as provided in Chapter 8 of the above
specified code, were mailed to the record owner of the
aforementioned property; and
WHEREAS, the property in question was duly posted as provided
in Chapter 8 of said code; and
WHEREAS, the abatement of said public nuisance was performed
pursuant to Resolution #185-94, passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on the
16th day of November, 1994; and
WHEREAS, this assessment proceeding was duly noticed and a
public hearing held on June 28, 1995, in the Council Chambers of
the City of Bakersfield.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of
Bakersfield:
1. That the Report and Assessment List for Weed and
Waste Matter Abatement of Michael R. Kelly, Chief of the Fire
Department, attached hereto as Exhibit "A", including the
assessment therein set forth, is hereby confirmed.
2. That the property owner named in said Exhibit "A"
was notified that they could or cause to be paid said assessment,
the charges stated therein at the office of the Finance Department,
1501 Truxtun Ave., Bakersfield, California, at any time before
5:00 p.m., June 30, 1995.
3. That in the event such charges assessed and
confirmed against the property as listed in Exhibit "A" are not
paid in full within such time, such assessment or balance due
remaining thereof, shall be recorded on the assessment roll, and
said assessment shall constitute a special assessment against and
a lien upon the property (section 8.80.120). The City Finance
Director shall cause the amount of said assessments remaining
unpaid against the property to be entered and extended on the
property tax roll, and pursuant to law, the County tax collector
shall include the tax bill applicable to the property. (section
8.80.130)
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 28th day of June, 1995,
by the following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH~j%D~j~MOTT, ROWLES, ~1~, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMSER ~,~ ~FLO
ABSENT: COUNCILMEMBER ~
Assistant CITY CLERK d lerk of
Council of the City of Bakersfield
APPROVED this 28th day of June, 1995
of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
the
Declaration of Fire Chief
Michael R. Kelly
In the Matter of vacant lot northwest
corner Pacheco & Hughes
I, Michael R. Kelly, declare:
1. I am the duly appointed fire chief of the City of
Bakersfield, California. I am making this declaration pursuant
to Chapter 8.80 of the Bakersfield Municipal Code.
2. Pursuant to Resolution ~185-94, passed and adopted by
the Council of the City of Bakersfield at a regular meeting
thereof held on the 28th day of June, 1995, the abatement of
hazardous weeds, debris, and waste matter at the property located
at vacant lot northwest corner Pacheco & Hughes was undertaken on
December 1994.
3. The presence of the weeds an debris on the aforesaid
properties constituted a fire hazard and a nuisance to the
public.
4. Records of the Bakersfield Fire Department reflect that
on June 15, 1995, Bakersfield Fire Department Inspector Tony
DeMarco posted a notice of filing Report and Assessment List for
Weed and Waste Matter Abatement at vacant lot northwest corner
Pacheco & Hughes and mailed same by certified mail, return
receipt requested, to the owners of the properties pursuant to
the instructions of Fire Chief Michael R. Kelly. Attached hereto
as and incorporated herein by this reference are true and correct
copies of the Assessment Lists for weed and waste matter
Abatement and notice of filing report.
5. The foregoing matters are within my personal knowledge
and if called as a witness herein, I could and would competently
testify thereto.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed this June 15, 1995, at Bakersfield, California.
Michael R. Kelly
Fire Chief
EXHIBIT "A"
Re: APN #405-020-03
vacant lot northwest corner Pacheco & Hughes
Owner:
Allan Buch, et al
1964 Westwood Bi., $te.
Los Angeles, CA 90025
#400
NOTICE OF FILING REPORT AND ASSESSMENT LIST
FOR WEED AND WASTE MATTER ABATEMENT
NOTICE IS HEREBY GIVEN, under the provision of Chapter
8.28.110 of the Bakersfield Municipal Code that the Chief of the
Fire Department of the City of Bakersfield has filed with the City
Clerk of said City a report and assessment list on abatement of
nuisances (weeds and/or waste matter) within said City, a copy of
which is posted on the bulletin board at the entrance to the
City Hall.
Your property is assessed therein in the sum of $ 8,995.81
NOTICE IS FURTHER GIVEN that on Wednesday, the 28th day of
June, 1995, at the hour of seven o'clock p.m. in the Council
Chambers of said City Hall said report and assessment list will be
presented to the City Council of said City for consideration,
confirmation, and any and all persons interested, having any
objections to said report and assessment list, or to any other
matter or thing relating thereto may appear at said time and place
and be heard.
NOTICE IS FURTHER GIVEN that you may pay said assessment at
the office of the Finance Director of the City of Bakersfield at
the City Hall, 1501Truxtun Avenue, before five o'clock p.m. of
June 30, 1995, and if not paid within that time, it will be entered
against your property on the City tax roll.
Dated: (~/~ ~ , ~- .
Ml ly
Chief of the Fire Departmen~
of the City of Bakersfield
page 1 of 2
EXHIBIT "A"
ASSESSMENT LIST FOR
WEED AND WASTE MATTER ABATEMENT
Parcel Property Cost of Admin.
Number Owner Abatement Cost
405-020-03 Allan Buch, et al $8,817.52 $183.29
Total
Cost
$8,995.81
BREAKDOWN OF
WEED ABATEMENT
BILLING
Date: June 15, 1995
ProDertv DescriDtion
vacant lot northwest corner
Pacheco & Hughes
Mailing Address: 1964 Westwood Bi., Ste. %400, Los Angeles, CA 90025
Costs Incurred:
Labor & Fringe Benefits
Equipment
Overhead
City Overhead
Legal Fee
Reinspection Fee
Total Abatement Costs
$5,075.49
1,906.90
977.53
477.60
200.00
175.00
8,817.52
Administation Fee
183.29
TOTAL AMOUNT TO BE BILLED
$ 8,995.81
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