RESOLUTION NO. 24-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMMERCE DECLARING THAT WEEDS, BRUSH,
RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED
PROPERTY IN THE CITY ARE A SEASONAL AND
RECURRENT PUBLIC NUISANCE, AND DECLARING ITS
INTENTION TO PROVIDE FOR THE ABATEMENT
THEREOF.
THE CITY COUNCIL OF THE CITY OF COMMERCE DOES RESOLVE AS FOLLOWS:
BE IT RESOLVED THAT, pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Commerce specifically finds:
SECTION 1. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private property in the city attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious, dangerous, or a public nuisance.
SECTION 2. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard.
SECTION 3. That by reason of the foregoing fact, the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property constitute a seasonal and recurrent public nuisance and should be abated as such.
SECTION 4. That the private property, together with the streets and sidewalks in front of same herein referred to, is more particularly described as follows, to wit: That certain property described in the attached list hereto and by this reference made a part hereof as though set forth in full at this point.
BE IT THEREFORE RESOLVED, pursuant to the findings of fact, by this Council heretofore made, that the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail and said notice shall be substantially in the following form to wit.
NOTICE TO DESTROY WEEDS,
REMOVE BRUSH, RUBBISH AND REFUSE
Notice is hereby given that on February 13, 2024, the City Council of the City of Commerce passed or will pass a resolution declaring noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse were growing or occurring upon or in front of said property on certain streets in said city or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of said noxious or dangerous vegetation, rubbish and refuse. The resolution further declares that, if not abated, the vegetation and/or rubbish and refuse may be removed and the nuisance abated by County authorities in which case the cost of removal shall be assessed upon the land from or in front of which the noxious or dangerous vegetation, rubbish and refuse are removed. Such cost will constitute a special assessment against such lots or lands. Reference is hereby made to said resolution for further particulars. In addition, the Board of Supervisors of the County of Los Angeles authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of noxious or dangerous vegetation, rubbish and refuse and the recovery of inspection costs, are hereby notified that they may attend a hearing of the City Council of said city to be held at 5655 Jillson Street, Commerce, CA 90040, in the Council Chambers on February 27, 2024, at 6:00 p.m. where their objections will be heard and given due consideration. If the property owner does not want to present objections to the proposed removal of the noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse, or the recovery of inspection costs, the owner need not appear at the above mentioned hearing. _____________________________________________
City Clerk of the City of Commerce
BE IT THEREFORE RESOLVED, that the Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety.
BE IT FURTHER RESOLVED THAT the 27th day of February, 2024, at the hour of 6:00 p.m. of said day is the day and hour, and the Meeting Room of the City Council of the City of Commerce in the City Hall in the City of Commerce is fixed by this City Council as the place when and where any and all property owners having any objections to the aforesaid proposed removal of weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material may appear before the City Council and show cause why said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heard and given due consideration; and BE IT RESOLVED THAT the notices to destroy weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material hereinbefore referred to shall be mailed by said Agricultural Commissioner/Director of Weights and Measures at least ten days prior to February 27, 2024.
PASSED AND ADOPTED this 13th day of February, 2024
_____________________________________
MAYOR OF THE CITY OF COMMERCE
ATTEST:
BY ________________________________________________
CITY CLERK OF THE CITY OF COMMERCE
ABATEMENT ORDER February 27, 2024
FOLLOWING THE PUBLIC HEARING HELD FEBRUARY 27, 2024, IN THE MATTER OF
RESOLUTION TO ABATE NOXIOUS WEEDS, RUBBISH, AND REFUSE, THE CITY
COUNCIL OF THE CITY OF COMMERCE, BY MOTION ADOPTED AN ORDER
DIRECTING THE AGRICULTURAL COMMISSIONER/DIRECTOR OF WEIGHTS AND
MEASURES TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, AND REFUSE REMOVED.
CITY COUNCIL OF THE
CITY OF COMMERCE
BY_____________________________________
MAYOR
ATTEST:
BY____________________________________________
CITY CLERK
STATE OF CALIFORNIA )
)
) SS
)
COUNTY OF LOS ANGELES)
ADRIAN ZAVALA, DEPUTY DIRECTOR, BUREAU CHIEF, AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES, being first duly sworn says: That on or before the 1st day of February 2024, as required by the Government Code of the State of California, he notified by United States Mail the owners of each of the properties described in the attached list a notice or notices to destroy noxious or dangerous weeds, of which the annexed is a true copy, and setting the 27th day of February, 2024, as the date upon which owners of said property could attend a meeting of the Council of the City of Commerce, when their objections will be heard and given due consideration.
__________________________________
ADRIAN ZAVALA
Deputy Director, Bureau Chief
SUBSCRIBED AND SWORN TO BEFORE ME
This ____________day of_____________________, 2024
____________________________________________
City Clerk