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RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA ORDERING THE ABATEMENT OF
WEEDS ON VARIOUS PROPERTIES WITHIN THE CITY LIMITS
AND SETTING A PUBLIC HEARING FOR RULING ON ANY
OBJECTIONS THERETO.
WHEREAS, there are weeds growing upon the streets, sidewalks, and private property within the City of Rialto; and
WHEREAS, there is rubbish and refuse upon private property, and dirt upon the parkways and sidewalks within the City of Rialto; and
WHEREAS, Government Code Section 39561 authorizes the City Council to declare by Resolution that such weeds, rubbish, refuse, and debris constitute a public nuisance and order the abatement thereof; and
WHEREAS, due to the extensive personnel time and expertise needed to direct the abatement process, an administrative fee must be charged for the City’s administrative procedures and services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: All weeds growing upon the streets, sidewalk s and/or private property within the City of Rialto are hereby declared to be a public nuisance and ordered abated.
Section 2: All rubbish and refuse upon private property, and dirt upon the parkways and sidewalks within the City of Rialto are hereby declared to be a public nuisance and ordered abated.
Section 3. Each parcel of property set forth in Exhibit “A” attached hereto and incorporated herein contain weeds upon or in front of the property and constitute a public nuisance.
Section 4. All owners of the parcels of property set forth in Exhibit “A” are ordered to abate all weeds growing upon or in front of their property by May 01, 2022 for Spring Weed Abatement and October 1, 2022 for Fall Weed Abatement. If the weeds upon any parcel of property identified in Exhibit “A” are not destroyed or removed by May 09, 2022 and October 10, 2022, a City contractor will begin to
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destroy and remove them from the parcels of property and the cost thereof shall become lien on each parcel of property set forth in Exhibit “A” from which the weeds were destroyed and removed.
Section 5. The City Clerk is hereby directed to mail written notice of the proposed abatement and public hearing thereon to all persons owning the parcels of property described in Exh ibit “A.” Said notice shall be mailed at least 5 days prior to the time for hearing objections by the City Council.
Section 6. The notice mailed by the City Clerk shall comply with all provisions set forth in Section 39567.1 of the California Governmen t Code and shall be in substantially the same form as the notices attached hereto as Exhibit “B” and Exhibit “C.” Section 7. Any parcel of property not abated by the owner thereof by May 09, 202 2, and October 10, 2022, in accordance with this Resolution shall be abated by the contractor selected by the City of Rialto, as directed by and in a manner approved by the Fire Chief. All costs of such abatement will be the responsibility of the property owner.
Section 8. The City Council shall hold a public hearing for the purpose of hearing any and all objections to the proposed resolution for the removal of weeds, rubbish and refuse upon private property, and dirt upon the parkways and sidewalks, and to impose the abatement cost therefore as a lien against the parcels of property set forth in Exhibit “A” hereto at its regular Council Meeting on April 12, 2022, at 6:30 p.m. in the Council Chambers. Any property owner who fails to appear and object to the order to abate the weeds upon each owner’s parcel of property shall waive the owner’s right to contest this abatement order and the cost of the abatement.
Section 9. The contractor’s costs and a separate administrative fee of $ 149.00 per parcel will be charged each time that the weeds upon a parcel identified in Exhibit “A” is abated.
Section 10. Upon the conclusion of the Weed Abatement Program, all costs of abatement , including the contractor’s costs and the administrative fees, shall be placed on the San Bernardino County Property Tax Rolls for each parcel.
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PASSED APPROVED AND ADOPTED this _____ day of ____________, 2022.
DEBORAH ROBERTSON, Mayor
ATTEST:
_____________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2022.
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Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022.
BARBARA McGEE, CITY CLERK
City of Rialto, California