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RES 08223
City of Pleasanton
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RES 08223
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8/11/2008 12:02:55 PM
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8/11/2008 11:55:33 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/15/2008
DESTRUCT DATE
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DOCUMENT NO
RES 08223
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RESOLUTION NO. 08-223 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, <br />DECLARING THAT THE COSTS FOR WEED ABATEMENT, INCLUDING <br />ADMINISTRATIVE COSTS, ARE A SPECIAL ASSESSMENT AND A LIEN IMPOSED <br />ON THE PROPERTIES THAT REQUIRED ABATEMENT AND APPROVING THE <br />COST ACCOUNTING REPORT FOR THE 2008 WEED ABATEMENT PROGRAM <br />WHEREAS, the weed abatement program of the Livermore-Pleasanton Fire Department <br />is administered pursuant to Government Code sections 39560-39588; and <br />WHEREAS, at its meeting of March 18, 2008, the City of Pleasanton City Council <br />adopted Resolution No. 08-176 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 more <br />particularly set forth in Exhibit "A", attached thereto; and <br />WHEREAS, on April 15, 2008 the City Council adopted Resolution No. 08-182, which <br />ordered the abatement of weeds, dirt, refuse, and rubbish on the parcels identified in Resolution <br />No. 08-176 and declared that the abatement costs, including 100% mark up charge for <br />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 15, 2008; <br />and <br />WHEREAS, at the City Council meeting on July 15, 2008, 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 after <br />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 15, 2008, the City Council declared that <br />the abatement costs are a special assessment and a lien imposed on the properties requiring <br />abatement; and <br />NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />
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