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HomeMy WebLinkAboutRES NO 2-93RESOLUTION NO. ~ ~9 ~ 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 # 184-92, passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 30th day of September, 1992; and WHEREAS, this assessment proceeding public hearing held on September 30, 1992, of the City of Bakersfield. was duly noticed and a in the Council Chambers 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 Stephen D. Johnson, Chief of the Fire Department, attached hereto as Exhibit "A", including the assessment therein set forth, is hereby confirmed. 2. That the property owner(s) 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, 1993. 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 assessment 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 6th day of January, 1993, by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH. BRUN#I, #OE~ COUNCILMEMBERS: ABSENT COUNC~LMEMI3ERS: ~0~ A~STAtN: COUNCILMEMBER~ NO~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 6th day of January, 1993 ~AYOl{ of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield ORIGINAL In the Matter of 311Garnsey Declaration of Fire Chief Stephen D. Johnson I, Stephen D. Johnson, 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 #184-92 , passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 30th day of September, 1992, the abatement of hazardous weeds, debris, and waste matter at the aforesaid property was undertaken on October 31 and November 1, 1992. 3. The presence of the weeds and debris on the aforesaid property constituted a fire hazard and a nuisance to the public. 4. Records of the Bakersfield Fire Department reflect that on December 4, 1992, Bakersfield Fire Department Inspector Tony DeMarco posted a notice of filing Report and Assessment List for Weed and Waste Matter Abatement at the aforesaid property and mailed same by certified mail, return receipt requested, to the owner of the property pursuant to the instructions of Fire Chief Stephen D. Johnson. Attached hereto as Exhibit "A", 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 4th day of December, 1992, at Bakersfield, California. ORIGINAL EXHIBIT "A" Re: 311Garnsey APN #020-210-11 Owner: Sharon Tolbert 311Garnsey Bakersfield, CA 93309 NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR WEED AND WASTE MATTER ABATEMENT NOTICE IS HEREBY GIVEN, under the provision of Chapter 8.80.090 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 $2,661.35. NOTICE IS FURTHER GIVEN that on Wednesday, the 6th day of January, 1993, 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, 1993, and if not paid within that time, it will be entered against your property on the City tax roll. ersfield page 1 of 2 EXHIBIT "A" ASSESS~ LIST FOR AND WASTE MA'IT~ ABAT~ Parcel Property Cost of Number Owner Abatement 020-210-11 Sharon Tolbert $2,478.06 Cost $183.29 Total Cost $2,661.35 Date: December 4, 1992 Property Owner: Sharon Tolbert B~ OF W.:.:~ ABAT~ BILLING Property Description 311Garnsey Mailing Addhess: 311Garnsey, Bakersfield, CA 93309 Costs Incurred: Work Release Employees Labor sm~l Fringe Benefits Equipment Overhead Reinspection Fee Legal Fee Total Abatement Costs no charge $1,213.46 335.40 339.20 260.00 200.00 2,478.06 Administration Fee 183.29 TOTAL AMO(3NT TO BE BITJ~ $2,661.35 page 2 of 2 ORIGINAL