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HomeMy WebLinkAboutRES NO 235-91RESOLUTION NO. ~ 2 5 - 9 1 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 par- cel 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 # 159-91 , passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 14th day of August, 1991; WHEREAS, this assessment proceeding was duly noticed and a public hearing held on August 14, 1991, 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 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 named in said Exhibit "A" was notified that it could pay or cause to be paid said assessment, at the office of Finance Department, 1501Truxtun Ave., Bakersfield, California, at any time before 5:uO p.m., December 13 , 1991 3. lnat 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 8.28.150). 4. That in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full by August 15 1992 , 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. (sections 8.28.130 and 8.28.140). WA6:TD1202914 ORIGINAL 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 l~eceu~er 1~, 1991 by the following vote: McDermott, Edwards, DeMond, Smith, Ayes: Councilmembers: Brunni, Peterson, Salvaggio Noes: Councilmembers: None Absent Councilmembers: None Abstain: Councilmembers:None City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Approved DEO 1 8 1991 C1 a enc~~. Med~der!~ ~ Mayor of the City of Bakersfield Approved as to form: Lawrence M. Lunardini City Attorney of the City of Bakersfield MGA/d Attachment Exhibit "A" WA6:TD1202915 ORIGINAL In the Matter of ) 13808, 13809, 13812, 13901, 13913 ) 14001, 14009, 14013, 14017 San Esteban Ave. ) and 13912 San Lazaro Ave. ) ) Declaration of Fire Chief Stephen D. Johnson I, Stephen D. Johnson, declare: 1. I am the duly appointe~ fire chief of the City of Bakersfield, California. I am making this declaration pursuant to section 8.28.110 of the Bakersfield Municipal Code. 2. Pursuant to Resolution ~ 159-91 , passed and adopted by the Council of the City of Bakersfiel~ at a regular meeting thereof held on the 14th day of August , 1991 , the abatement of hazardous weeds, debris, and waste mater at the property located at 13808, 13809, 13812, 13901, 13913, 14001, 14009, 14013, 14017 San Esteban Ave. and 13912 San Lazaro Ave. was undertaken on October 5 , 1991 . 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 2 , 1991 , Bakersfield Fire Department Inspector Tony DeMarco posted a notice of filing Report and Assessment List for Weed and Waste Matter Abatement at 13808, 13809, 13812, 13901, 13913, 14001, 14009, 14013, 14017 San Esteban Ave. and 13912 San Lazaro Ave. and mailed same by certi- fied mail, return receipt requested, to the owners of the property, pursuant to the instructions of Fire Chief Stephen D. Johnson. Attached hereto as Exhibits "A" an~ "B" and incorporated herein by this reference are true and cor- rect copies of the notice of filing Report and Assessment List for Weed and Waste Matter Abatement. 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 3rid day of December, 1991, at Bakersfield, California. WA6:TD1202913 e Chief~ ORIGINAL FIRE DEPARTMENT S D JOHNSON FIRE CHIEF CITY of BAKERSFIELD "WE CARE" EXHIBIT "A" ASSESSMENT LIST FOR WEED AND WASTE MATTER ABATEMENT 2101H STREET BAKERSFIELD, 93301 326-3911 Parcel Number 161-311-07 161-311-08 161-312-01 161-312-02 161-312-05 161-312-06 161-312-i5 161-322-04 161-322-05 161-322-06 Property Owner Winssinger Dev. Co. 355 Garnsey Ave. Bakersfield, CA 93309 (for all 10 properties) Cost of Abatement $3,136.84 (for all 10 properties) Admin. Cost $135.00 Total Cost $3,271.84 (each prop- erty to be assessed: $327.18) WA6:TD120291 ORIGINAL CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT S. D JOHNSON FIRE CHIEF 2101H STREET BAKERSFIELD, 93301 326 3911 EXHIBIT "B" Re: 13808, 13809, 13812, 13901, 13913, 14001, 14009, 14013, 14017 San Esteban Ave. & 13912 San Lazaro Ave. APN ¢161-311-07, 161-312-06, 161-311-08, 161-312-05, 161-312-02, 161-312-01, 161-322-06, 161-322-05, 161-322-04, 161-312-15 Owner: Winssinger Dev. Co. 355 Garnsey Ave. 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 8.28.110 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 assess- ment 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. Each of your properties are assessed therein in the sum of $327.18 . NOTICE IS FURTHER GIVEN that on Wednesday, the 18th day of December , 1991 , 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, 1501 Truxtun Avenue, before five o'clock p.m. of December 13, 1991 , and if not paid within that time, said assessment shall be entered as a lien against your property. Dated: Michael R. Kelly Deputy Chief of the Fire Department of the City of Bakersfield WA6:TD121191.2 ORIGINAL CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT S D JOHNSON FIRE CHIEF 2101H STREET BAKERSFIELD, 93301 326 3911 EXHIBIT "B" Re: 13808, 13809, 13812, 13901, 13913, 14001, 14009, 14013, 14017 San Esteban Ave. & 13912 San Lazaro Ave. APN #161-311-07, 161-312-06, 161-311-08, 161-312-05, 161-312-02, 161-312-01, 161-322-06, 161-322-05, 161-322-04, 161-312-15 Owner: Winssinger Dev. Co. 355 Garnsey Ave. 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 8.28.110 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 assess- ment 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. Each of your properties are assessed therein in the sum of $327.18 . NOTICE IS FURTHER GIVEN that on Wednesday, the 18th day of DecemDer , 1991 , 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, 1501 Truxtun Avenue, before five o'clock p.m. of December 13, 1991 , and if not paid within that time, said assessment shall be entered as a lien against your property. Dated: j/jC(vI~z:d /~- , ~tqph6n D. J.~f~son /Chilef of tt~ [ire Department (of'the Cit~ of, Bakersfield WA6:TD1202912 ORIGINAL CITY of BAKERSFIELD "WE CARE" FIRE DEPARTMENT S DJOHNSON FIRE CHIEF 2101H STREET BAKERSFIELD, 93301 WEED ABATEMENT BILLING Date: December 3, 1991 Property Description Property Owner: Mailing Address: Winssinger Dev. Co. 355 Garnsey Ave. Bakersfield, CA 93309 13808 13809 13812 13901 13913 14001 14009 14013 14017 13912 San Esteban Ave. APN #161-311-07 San Esteban Ave. APN ¢161-312-06 San Esteban Ave. APN ¢161-311-08 San Esteban Ave. APN ¢161-312-05 San Esteban Ave. APN ¢161-312-02 San Esteban Ave. APN ¢161-312-01 San Esteban Ave. APN #161-322-06 San Esteban Ave. APN ¢161-322-05 San Esteban Ave. APN #161-322-04 San Lazaro Ave. APN #161-312-15 Costs Incurred: Work Release Employees Tony DeMarco/Supervisor Tree Department Chief Toler Sanitation Rental of Equipment Service Call Legal Fees Public Advertising Fee Total Abatement Costs no charge $ 63.68 421.63 65.33 200.00 240.48 19.00 2,000.00 126.72 3~ Administration Fee 135.00 TOTAL AMOUNT TO BE BILLED $3,271.84 WA6:TD1202911 ATTACHMENT TO EXHIBIT "A" ORIGINAL