HomeMy WebLinkAboutRES NO 178-91RESOLUTION NO. ~ ~ 8 ' 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 CIIY 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, ~as determined to be a public nuisance under Municipal
CoOe Chapter 8.28 aue to the presence of hazardous weeds, debris, and waste
matter; and
WHEREAS,
Tony DeMarco,
to the record
notices and orders of Bakersfield Fire Department Inspector
as proviaed in Chapter 8 of the above specified coUe, were mailed
owner of tile aforementioned property; and
WHEREAS, the property in question was duly posted as provided in
Chapter 8 of said code; anti
WHEREAS, the abatement. of said public nuisance was performed pursuant to
Resolution ~ 136-91 , passed and adopted by the Council of the City of
Bakersfiela at a regular meeting thereof held on the 17th day of July, 1991; and
paid out of the City of Bakersfield Building Department Land and Land
Improvement Fund; and
WHEREAS, this assessment proceeding was duly rioticed and a public hearing
held on August 28, i991, 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 she coulO pay or cause to be paid said assessment, at the office of
Finance Department, 1501T~uxtun Ave., Bakersfiela, California, at any time
before 5:00 p.m., September 9 , 1991 .
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 8.28.150).
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 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. (sections 8.28.130 and 8.28.140).
WAb:TDO81291.2
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
August 28, Z991, by the following vote:
Peterson, Edwards, DeMond, Smith,
Ayes: Councilmembers: Brunni, McDermott, Salvaggio
Noes: Councilmembers: None
Absent Councilmembers: None
Abstain: Councilmembers: None
City Clerk and Ex Officro Clerk of the
Council of the City of Bakersfield
Approved AUG 2 8 1991
Clarence E. Medders
Mayor of tile City of Bakersfield
Approved as to form:
I~rence M. Lunardini ~ ~/ ~ ~
City Attorney of the City of Bakersfield
MGA/
Attachment
Exhibit "A"
Exhibit "B"
WA5:TD081391.5
In the Matter of )
1208 Pacheco Rd. )
)
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 section 8.28.110 of the
Bakersfield Municipal Code.
2. Pursuant to Resolution ~ 136-91 , passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on the
17th day of July , 1991 , the abatement of hazardous weeds, debris,
and waste mater at the property located at 1208 Pacheco Rd.
was undertaken on July 25 , 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
August 14 , 1991 , Bakersfield Fire Department Inspector
Tony DeMarco posted a notice of filing Report and Assessment List for Weed
and Waste Matter Abatement at 1208 Pacheco Rd. 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" and "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.
WA5:TDU81291.1
Executed this 14th day of August, 1991, at Bakersfield, California.
~ Chie~
FIRE DEPARTMENT
S D JOHNSON
FIRE CHIEF
CITY of BAKERSFIELD
"WE C.4RE"
2101H STREET
BAKERSFIELD, 93301
326-3911
EXHIBIT "A"
ASSESSMENT LIST FOR
WEED AND WASTE MATTER ABATEMENT
Parcel
Number
171-010-43
Property
Owner
Gwendolyn J. Nolen
4956 Kester St., ~7
Sherman Oaks, CA 91403
Cost of
Abatement
$1,522.50
Admin.
Cost
1~0
Total
Cost
~,,684.50
WA5:TD073091.5
FIRE DEPARTMENT
S D JOHNSON
FIRE CHIEF
EXHIBIT "B"
2101H STREEl
BAKERSFIELD, 93301
326 3911
Re: 1208 Pacheco Rd.
APN #171-010-43
Owner:
Gwendolyn J. Nolen
4956 Kester St., #7
Sherman Oaks, CA 91403
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 Co6e 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.
Your property is assessed therein in the sum of $1,684.50 .
NOTICE IS FURTHER GIVEN that on Wednesday, the 28th day of
August , 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,
1501Truxtun Avenue, before five o'clock p.m. of September 9, 1991 , and if not
paid within that time, said assessment shall be entered as a lien against your
property.
$~ephen D.'J~hnson
C~ief of th~ Fire Department
of the City of Bakersfield
WA5:TD081391.3