HomeMy WebLinkAboutResolution 2005-036 RESOLUTION NO. 2005-036
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING VEGETATIVE GROWTH
AND/OR REFUSE A PUBLIC NUISANCE
WHEREAS, the City of Atascadero Fire Department is commencing proceedings for the
abatement of said nuisances; and
WHEREAS,placing all abatement fees on the San Luis Obispo County Special Tax Assessment
for the Fiscal Year 2005-2006 tax roll,
NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero:
SECTION 1. That vegetative growth and/or refuse are a public nuisance and hereby declare to
be such for the reasons that vegetative growth may attain such a large growth as to become a fire
menace and/or drainage restriction, when mature, and said refuse may become a public nuisance,
thereby creating a hazard to public health.
The City Council of the City of Atascadero finds and declares that vegetative growth and/or
refuse on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and
recurrent nuisances shall be abated in accordance with the provisions of City and State laws. No
further hearings need to be held, and it shall be sufficient to mail a post card notice to the owner
of the property as their address appears upon the current assessment roll.
SECTION 2. A description of the parcels of lots of private property upon which, or in front of
which, said nuisances exist, according to the official Assessment Map of said City of Atascadero,
shall be posted annually in the office of the City Clerk and referred to as Exhibit A (Vegetative
Growth) and Exhibit B (Refuse).
SECTION 3. The City Clerk or designee is hereby ordered and directed to mail written notices
of the proposed abatement to all persons owning property described in accordance with Section
6-13.08 of the Atascadero Municipal Code.
SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City Council
shall hear and consider all objections or protests to the required removal of said vegetative
growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in
accordance with the Ralph M. Brown Act.
SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does
not abate the hazard, it will be abated by the city contractor. The cost of abatement, 150%
administrative fee, and county fee will be assessed upon the county property tax bill, and
constitute a lien upon such land until paid.
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City of Atascadero
Resolution No.2005-036
Page 2 of 4
On motion by Council Member Luna and seconded by Mayor Pro Tem O'Malley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, Pacas, Luna, O'Malley and Mayor Scalise
NOES: None
ABSENT: None
ADOPTED: April 26, 2005
CITY OF ATAS ERO
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We y Scalis , ayor
ATTEST:
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Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
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Patric l . E.�� t, City Attorney
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City of Atascadero
Resolution No.2005-036
Page 3 of 4
Draft Resolution
Page Three
EXHIBIT "A" ON FILE IN THE OFFICE OF THE CITY CLERK
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City of Atascadero
Resolution No.2005-036
Page 4 of 4
Draft Resolution
Page Four
EXHIBIT "B" ON FILE IN THE OFFICE OF THE CITY CLERK