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RES 09311
City of Pleasanton
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RES 09311
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7/31/2009 2:56:34 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
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DOCUMENT NO
RES 09311
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RESOLUTION NO. 09 -311 <br /> RESOLUTION DECLARING THAT THE COSTS FOR WEED ABATEMENT, <br /> INCLUDING ADMINISTRATIVE COSTS, ARE A SPECIAL ASSESSMENT AND <br /> LIEN IMPOSED ON THE PROPERTIES REQUIRING ABATEMENT AND <br /> APPROVING THE COST ACCOUNTING REPORT FOR THE 2009 WEED <br /> ABATEMENT PROGRAM <br /> WHEREAS, the weed abatement program of the Livermore Pleasanton Fire <br /> Department is administered pursuant to Government Code sections 39560 39588; and <br /> WHEREAS, at its meeting of March 17, 2009, the City of Pleasanton City Council <br /> adopted Resolution No. 09 -272 which declared as a public nuisance all weeds, dirt, rubbish, <br /> and refuse upon or in front of certain described properties within the City of Pleasanton as <br /> more particularly set forth in Exhibit "A attached thereto; and <br /> WHEREAS, on April 21, 2009 the City Council adopted Resolution No. 09 -277, which <br /> ordered the abatement of weeds, dirt, refuse, and rubbish on the parcels identified in <br /> Resolution No. 09 -272 and declared that the abatement costs, including 100% mark up <br /> charge for administrative costs, are the responsibility of the property owner; and <br /> WHEREAS, those properties that were not voluntarily abated by the property owners <br /> were abated by a contractor for the City of Pleasanton; and <br /> WHEREAS, an itemized report, attached hereto as Exhibit A, showing the cost of <br /> abatement for each parcel was presented to City Council at a public hearing on July 21, <br /> 2009; and <br /> WHEREAS, at the City Council meeting on July 21, 2009 no objections to the cost <br /> accounting report were made and the City approved the cost accounting report for the <br /> abatement program; and <br /> WHEREAS, section 39577 of the California Government Code provides that the <br /> abatement costs, including the administrative costs for enforcement, are recoverable and <br /> constitute a special assessment against the parcels that are abated; and <br /> WHEREAS, section 39577 of the California Government Code further provides that <br /> after the assessment is made unless an exception applies, a lien attaches on the parcel upon <br /> recordation of the order confirming the assessment and the lien shall be included on the <br /> property owner's regular tax bill for the parcel requiring abatement; and <br /> WHEREAS, at the City Council meeting on July 21, 2009, the City Council declared <br /> that the abatement costs are a special assessment and the lien imposed on the properties <br /> requiring abatement; and <br />
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