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Home My WebLink AboutCC RES 86 RESOLUTION NO. 86 A RESOLUTION ORDERING THE STREET SUPERINTENDENT TO ABATE THE PUBLIC NUISANCE HERETOFORE DECLARED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, TO WIT: WEEDS WHICH BEAR SEEDS OF A WINGY OR DOWNY NATURE AND ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE MENACE WHEN DRY AND WHICH ARE NOXIOUS AND DANGEROUS, GROWYING UPON CERTAIN STREETS, SIDEWALKS AND PRIVATE PROPERTY IN THE CITY OF TUSTIN, BY HAVING THE WEEDS REFERRED TO REMOVED. The City Council of the City of Tustin resolves as follows: SECTION I' Pursuant to the orovisions of an Act of the ~egisla,ture of the State of California, entitled, "An Act Authorizing ~unicipalities to Declare Noxious or Dangerous Wee~ls Growing upon .the Streets or Side Walks or Private Prooerty within ~?,unicipalities to be a Public Nuisance, Creating a Lien upon the P.ropertyfronting upon such Streets or Sidewalks or upon which such Nuisance Exists for the cost of Abating the Same", approved Nay 26, 1995, and amendments thereto, the City Council o£ the City o£ Tustin having acquired jurisdiction so to do, hereby orders the Street Superintendent of said City to abate the public nuisance heretofore declared to exist in said City of Tu. stin, to-wit: Weeds which bear seeds of a wingy or downy natu. re and attain such a large growth as to b. ecome a fire menace when dry and which are noxious and dangerous, growing u;oon the streets or sidewalks in front of or upon private ...or.o',oerty described a,s follows, t o-~wi t: DESCRIPTYON OF PROPERTIES A~?D STREETS HAVI~G OBNOXIOI~S WE'!~DS ON THEM L6'~{'-~ ........ B-][0-Ck A ..... Tralct' "No. 3 Lot Block A Tract .No.~ ~ D Street hot 2 -- Tract No 3 f.,'~irst Street Lot ~ -- Tract No. 33~ First Street Lot -- Tract No. 3314. Firat Street Lot 6 -- Tract No. 33~ First Street Lot 6 -- Tract No. 33[~ First Street Lot 7 -- Tract No. 331~ First Str.:.:-.~:~,t Lot..:,8 -- Tract No. 3~[~ First Street Lot 9 -- Tract No. 33~ First S.treet Lot 1 Block A Tract No. 338 First Street Lot [~ Block A· Tract No. 338 North B Street Lot 5 Block A Tract No. 338 North B Street Lot ~ Block A Tract Mo. 338 North B Stmeet Lot l~ Block A Tract No. 396 North Yorba Street Lot 4 Block B Tract No. 338 First Street Lot ~ Block B Tract No. 338 North C Street Lot 9 Block B Tract No. 338 ~orth C Street Lot l0 Block B Tract No. 338 North B Street Lot 12 Block B Tract No. 338 North B Street Lot 26 Block B Tract No. 338 North B Street Lot 12 Block C Tract No. 338 North C Stre~.--.t W. 50 feet of Lots ll-12, Block A Tract No. 3 Third Street E. 55 feet of ~est 311 feet' of North one- half of Block D Tustin City Second Street E. 55 feet of West 311 feet of South one- half of Block D Tustin City Third Street SECTION II: Any pro[~erty owner shall h.ave the right to have ar'~y of said weeds removed at his own expense, providing the same is done prior to the~rrival of the street superintendent or his representatives to do the same. SECTIO) III' The Street Superintendent shall keeo an _ account of the cost of s.~ating s~id nuisance in f2ont of or on each separate lot or parcel of land where the work is done by him or his delouties, and shall render an itemized report, in w~i'ging, to the City Council of t~e City of Tustin showi~.-~g the cost of removinrro such weeds on each. se'oarate lot, or in front thereof, or both, .orovided that before ssi. d reoort is submitted to said City Council, a copy of the same shall be .posted for at least three days prior thereto, on or near the Cha, mber Door of said City Council, together with a notice of t.~-~e time when said report shall be submitted to the City Council for confirmati.on. At the time fixed for receiving and considering sa. id report, the City Council shall hear the same, together with any objections which may be raised by any of tl:~.e property ow~"'~ers liable to be assessed, for the work of abating sa, id nuisance and thereupon make such modifications in the report a,s they deem necessary~ after which said report shall be confirmed. The amounts of the cost 'for ab~.ting such 20.6 :, · . '; 'nuisance in front of or upon the var.ious parcels of land mentioned in said re~,:~ort sh.a,l~l constitute special assessments a.~ainst the respective paroles of land, and, as this made and confirmed shall constitute a lien on said property for the amount of such assess- ments, respectively, and therea.f, ter said amounts shall be collec2ed at ~he same time and in the same manner as ordinary municipal taxes are col!ected and shall be subject to the sar, ne '¢enalties and. the same procedure under foreclosure and sale in case of de- linc]uency as ~:~rovided flor. ordinary mun:i.c~pal taxes. I hereby certify that the foregoing Resolution was adopted by the City Counoil o5' the City o5' Tustin~ at a regular meeting thereo£ held on the 15th day of May, 1939, by the foi- l_owing vote, to-wit: AYES, Councilmen:_Huntley_~ Kiser~.______.Wilson NOES, Councilmen: N__0_n_e ABSENT, Councilmen A~'~"TEST: APPROVED: ~f... a.y 1 ~. th, 19 3 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MORRIS CAIN ATTORN[Y•AT•LAW SANTA ANA. CALIF. II follows: RESOLUTION N0. tS A RESOLUTION ORDERING THE STREET SUPERINTENDENT TO ABATE TfiE PUBLIC NUISANCE HERETOFORE DECLARED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, TO EXIST IN THE CITY OF TUSTIN, TO-WIT: WEEDS WHICH BEAR SEEDS OF A WINGY OR DOWNY NATURE AND ATTAIN SUCH A LARGE GROWTH AS TO BECOME AFIRE ICrNACE WHEN DRY AND WHICH ARE NO%IOUS AND DANGER- OUS, GRO~yIAG UPON CERTAIN SZREETB, SIDEVPALBS AND PRIVATE PROPERTY IN THE CITY OF TUSTIN, BY HAVING THE WEEDS REFERRED TO REMOVED. The City Council of the City of Tustin resolves as SEC TION I. Pursuant to the provisions of an Aa t of the Legislature of the State of California, entitled, "An Act Author- izing Municipalities to Declare Noxious or Dangerous Weeds Grow- ing upon the Streets or 91de Walks or Private Property within Municipalities to be a Public Nuisance, Creating a Lien upon the Property fronting upon such Streets or Sidewalks or upon which such Nuisance Exists for the cost of Abating the Same", approved May 26, 1915, and amendments thereto, the City Council of the City of Tustin having acquired 3urisdiction so to do, hereby ~~ orders the Street Superintendent of Said City to abate the public ~~nuisance heretofore declared to exist in said City of Tustin, II to-wit: Weeds which bear seeds of a wingy or downy nature and attain such a large growth as to become afire menace when dry and which are noxious and dangerous, growing upon the streets or sidewalks in front of or upon private property described as follows, to-wit: 32 -1- 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MORRIS CAIN ATTORNlY•AT•LAW SANTA ANA. CALIR. DESCRIPTION OF PROPERTIES AND STREETS HAVING OBNO%IOUS WEEDS ON TEEM . LOT Lot 5 Lot 6 Lot 2 Lot 3 Lot 4 Lot 6 Lot 6 Lot 7 Lot 8 Lod 9 Lot 1 Lot 4 Lot 5 Lot 7 Lot 17 Lot 4 Lot 7 Lot 9 Lot 10 Lot 12 Lot 26 Lot 12 W. 50 feet of Lots 11-12, E. 55 Feet of hest 311 feet of North one- half of E. 55 feet of Vr'est 311 feet of South one- half of BLOCg Block A Block A Block A Block A Block A Block A Block A Block B Block B Block B Block B Block B Block B Block C Block A Block D Block D TRAC T Trac t No. 3 Tract No . 3 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 334 Tract No. 338 Tract No. 338 Tract No. 33S Tract No. 33S Tract No. 396 Tract No. 33S Tract No. 338 Tract No. 338 Tract No. 33S Tract No. 338 Tract No. 338 Tract No. 338 Tract No. 3 ~ Tustin City ~ Tustin City STREET D Street D Street First Street First Street First Street First Street First Street First Street First Street First Street First Street North B Street North B Street North B Street North Yorba Street First Street North C Street North C Street North B Street North B Street North B Street North C Street ',Third Street (Second Street Third Street .~. ~ ... 1 2~ 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 i8 SECTION 2. Any property owner shall have the right to have any of said weeds removed at his own expense, providing the same is done prior to the arrival of the Street Superintendent or his representatives to do the same. SECTION j. The Street Superintendent shall keep an account of the cost of abating said nuisance in front of or on each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report, in writing, to the City Council of the City of Tustin showing the cost of removing such weeds on each separate lot, or in front thereof, or both, provided that before said report is submitted to said City Council, a copy of the same shall be posted for at least three days prior thereto, on or near the Chamber Door of said City Council, together with a notice of the time when said report shall be submitted to the City Council for confirmation. At the time fixed for receiving and considering said report, the City Council I~ahall hear the same, together with any objections which may be braised by any of the property owners liable to be assessed for 19 the work of abating said nuisance and thereupon make such modi- 20 fications in the report as they deem necessary, of ter which said 21 report shall be confirmed. The amounts of the cost for abating 22 such nuisance in front of or upon the various parcels of land 23 entioned in said report shall constitute special assessments 24 ainst the respective parcels of land, and, as this made and 25 confirmed shall constitute a lien on said property for the amount 26 of such assessments, respectively, and thereafter said amounts 27 shall be collected at the same time and in the same manner ae 28 ordinary municipal taxes are collected and shall be subject to 29 the same penalties and the same procedure under foreclosure and 30 sale in case of delinquencq as provided for ordinary municipal 31 taxes. 32 MORRIS CAIN ATTORN[Y.AT-LAW SANTA ANA. CALIF. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MORRIS CAIN ATTORN[Y•AT•LAW SANTA ANA, CALIF. I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Tustin, at a regales meeting thereof held on the 15th day of May, 1939, by the fol- lowing vote, to-wit: AYES, Oouncilmen: ~~,,, / ~~~ ~ ~,/~~~~, ROES, Councilmen: ~~~. ABSENT; Councilmen: ~ ~~~ ~~ L~~ ATTEST: Clerk of the ity of Tustin. APPROVED: May 15th, 1939. ayor o the i o stin. -~