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Home My WebLink AboutCC RES 79 RESOLUTION NO. 79 A RESOLUTION ORDERING THE STREET SUPERINTENDENT TO ABATE THE 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 A FIRE MENACE WHEN DRY AND WHICH ARE NOXIOUS AND DANGER- OUS, GROWING UPON CERTAIN STREETS, SIDEWALKS AND PRIVATE PROPERTY IN THE CITY OF TUSTIN, BY HAVING THE WEEDS REFERRED TO REMOVED. The CXzy 0ounoll of tne Ox~y of TusZ~n resolves as follows: , $~{JTJ. oNI. Pursuan~ to the prov~.s~ons of an Ac~ o:r the ',egls£a~ure o~ tne Sta~e of California, en~i~ed, "An Ac~ lu- ~norzzZng Mun~clpa£1~ies ~o Dec,are Noxlous or Dangerous Wee~s urowing upon tn~ S~ree~s or Siae Wa£ks or ~rxva~e Proper~y wl~nin Municipalities ~o be a Puo~lc Nuisance, Creating a 4~en upon , the Propergy fronting upon such 8~ree~s or $~.dewa.[i~s or upnn which such Nuisance Exlsts for the cosz of loa~lng ~ne Same," &pprove~ l~a¥ ~6, 191~, ,.nd ~endments l:herego, the 0igy 0ouncil of the City of Tustin having acquired jurisdiction so to do, hereby orders the Street Superintendent of said City to a~ate the public nuisance heretofore declared to exist in said Otty of Tu~tin, to-wig : Weeds which bear seeds of a wi ngy or downy nature and attain such a large growth as to become a fire roes&ce when dry and whichare noxious~ and dangerous, growing upon the streets or sidewalks in front of or upon private property described as follows, to-wit: DESCRIPTION OF PROPERTIES AND STREETS HAVING OBNOXIOUS WEEDS ON THEM LOT BLOCK ~ TRACT STREET Lot 19 Block A Tract No. 896 Yorba Street Lot 5 Tract No. North A. Street' Lot 26 Block B Tract No. 33.8 North B. Street Lot 4 Block A Tract No. North B. Street Lot 5 Block A Tract No. 338 North B. Street Lot 7 Block A Tract No. 33S North B. Street Lot 12 Block O Tract No. 335 North O. Street Lot 7 Block B Tract No. 338 North O. Street Lot 9 Block B Tract No. 33~ North O. Street Lot 4 Block B Tract No. 338 First Street Lot 15 Lot 11 Block 41 Part of Tustin O~ty D Street --- Tract No. 176 South B. Street Lot I Block A Tract No. 338 First Street Lot l0 Tract No. Myrtle street E. 55 feet of West 311 feet of North one- half of Block d Tustin Oity Second Street .~ 55 feet of West 311 feet of South one- half of ~ock D Tustin City Third Street 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 Superinten- dent or his ~epresentatives to do the same. SECTION 3- 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 if submitted to said City Council, a copy of the same whall be posted for at least three days prior thereto, on or near the Chamber Door of said Oity Oouncil, together with a notice of the time when said re- t89. port shall be submitted to the City Council for confirmation. At the time fixed for receiving and oonstdering ~aid report, the ~t~y Oounc~il ~h~ll hear the ~ame, together with any objec- tton~ which may be rai~ed by any of the property owners liable to be assessed for the work of abating said nuisance and there- upon make such modifications in the report as they deem nec- essary, after which said report shall be confirmed. The am~runts of the cost for abating ~uch nuisance in front of or upon the various parcels of land mentioned is said report shall constitutee special assessments against the respective parcels of land, and, as this made and confirmed shall constitute a lien on said property for the amount of such assessments, res- pectively, and thereafter said amounts shall be oollected at the ~ame time and in the same manner a~ ordinary municipal taxe~ are collected and shall be subject to the same penalties and the same procedure under foreclosure and ~ale in case of delin- quency as provided for ordinary municipal taxes. I hereby certify that the foregoing Resolution was adopted by the City Council of the City of °Zustin, at a geglAlar meeting thereof held on the 16th day of May, by the following vote, to-wit: AYES; Councilmen: _Pieper,..Wil_son,~.Kis_er., NOES: Councilmen: N.o. ne ~ ........ ' .......... - -~ ..... _ i , j~_ ABSENT: Councilmen: ~ Huntle. y~ _ _ - - ~..... ..... _ ~- ..... ~ ..... Clerk Of t~e $ity of'¥us-~in APPROVED: May 2, 1938 ~.~. . _. ~¥:'~:'.',. 1 2 3 4 5 6 7 8 9 l0 it 12 13 14 16 18 17' 18 19 20 21 22 ~~ 23 24 25 26 27 28 29 30 31 32 MORRIS CAIN ATTORNlY•AT•LAW SANTA ANA. CALIF. Ifollowe: RESOLUTION NO.~_ a RESOLII?I08 ORDERING ~E 8?RSET SITPERIBTENDENT TO ABATE THE PDBLIC NUISANCE HERETOFORE DECLARED BT ~S CITY OOIINCIL OF 18E CITY OF TUSTIN, TO E7CI8T I8 ~$ CITY OF TUSTIN, TO-WIT: WEDS WHICH HS1R SEEDS OF 1 WI8G7 OR DOWRY HiTiJRE AND iTT1I8 SUCH a LARGE GROWS 18 TO BECOYE /FIRE I~TaCE WHEB DRY AND WHICH iRE N07CIOII8 AND DaNGE~ OII8 GROWING tTPON CERTIIN STREETS BID~WALBS AND PRIM/?E PROPERTY I~ ~E CITY OF TITSTIN, BY HAVING ZSE WEEDS REFERRED TO REMOVED. The City Oounoil of the Oity of Tustin resolves e.s SECTION I. Pursuant to the provisions of as Rat of the Legislature of the State of California, entitled, "An Rat author- ising Munioipalities to Deolare Noxious or Dangerous Weeds Grow- ing upon the Streets or Side Walks or Private Property withia l[unicipalities to be a Public Nuisance, Creating a Lien upon the Property fronting upon suoh Streets or Sidewalks or upon which such Nuisance Exists for the cost of abating the Same", approved Yay 26,' 1915, and amendments thereto, the City Council of the City of Tustin having aaquirad jurisdiction so to do, hereby orders the Street Superintendent of said City to abate the public nuisaao a heretofore declared to ezist in sai8 City of Tustin, Ito-wit: Weeds whioh bear seeds of a wingy or downy nature and attain sun h a large growth as to beoome a fire menace when dry and which are noafous cad dangerous, growing upon the streets 'i~or sidewalks in front of or upon private property described ~~ as follows, to-wit: - ~,,- 1 2 3 4 5 s 7 8 s to 11 12 13 14 16 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ~ 31 32 II MORRIS CAIN ATTORNEY•AT•LAW SANTA ANA. CALIF. DE80AIPTION OF PROPERTIES AND STREETS HAYING OBNOXIOIIB WEEDS ON THEM. LOT ~ BLOCg Lot 19 Lot 5 Lot 26 Lot ~F Lot 5 Lot 7 Lot 12 Lot 7 Lot 9 Lot 4 Lot 15 Lot 11 Lot 1 Lot 10 E. 55 feet of West 311 feat of North one- half of E. 55 feet of West 311 feet of South one- half of Block A Block B Block A Block A Block A Block C Block B Block B ~,i Block B Block ~1 Block A - - Block D Block D TRAC T Tract No. 39 6 Tract No. 3~+7 Tract No. 33g Tract No. 33g Tract No. 33S Tract No. 33~ Tract No. 33g Tract No. 33~ Tray t No. 33g Tract No. 33g Part of Tustin City Tract No. 176 Tract No. 33~ Tract No. 33~ Tustin City Tustin City STREET Yorba Street North A. Street North B. Street North B. Street North B. Street North B. Street North C. Street North C. Street North C. Street First Street D Stree t South B. Street First Street Myrtle Street Second Street Third Street ~2. 1 2 3 4 5 6 7 8 91 l0 11 12 13 14 15 18 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 8FA TIO~T 2. Any property owner shall have the right to have any of said weeds removed at his own ezpense, providing the same is done prior to the arrival of the Street Superintendent for his representatives to do the same. SDCTION 3. The Street 8uperiatendent 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 for his deputies, and shall render an itemised 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 Oounoil for confirmation. At the time fized for receiving and considering said report, the City Council shall hear the same, together with any objeo tione which may be raised by any of the property owners liable to be assessed for the work of abating said nuisance and thereupon make such modi- fioatione in the report as they deem necessary, after which said report shall be confirmed. The amounts of the cost for abating such nuisance in front of or upon the various parcels of land mentioned in $aid report shall constitute special assessments against the respective parcels of land, and, as this made and confirmed shall constitute a lien on said property for the amount of such assessments, respectively, and thereafter said amotmts shall be collected at the same time and in the same meaner as ordinary municipal tazes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in c aee of delinquency as provided for ordinary municipal 31 taws. 32 MORRIS CAIN ATTORNHY•AT•LAW SANTA ANA. CALIF. -3- _. R 1 2 3 4 sl 6 7 8 9 10 11 12 ~,I 13 ~I I 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MORRIS CAIN ATTORNlY•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 16th. day of liay, 1938, by the fol- lowing vote, to-wit: AYES, Oounoilmen: NOES, Qounoilmen:_ ABSENT, Oounoilmea: ,~~_~~~ ATTEST: ~y ~~~~~ lark o e ity o shin. JIPPSOYED: Yay 2, 1938. yor o e o stin.