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Ordinance 635 ORDINANCE NO. 611) ORDINANCE NO. 635 OF THE CITY OF GILROY AUTHORIZING THE CITY OF GILROY TO DECLARE NOXIOUS OR DANGEROUS WEEDS GROWING UPON THE STREETS OR SIDEWALKS OR UPON PRIVATE PROPERTY IN THE CITY OF GILROY, TO BE A PUBLIC NUISANCE, CREATING A LIEN UPON THE PROPERTY FRONTING UPON SUCH STREETS OR SIDEWALKS OR UPON WHICH SUCH NUISANCE EXISTS FOR THE COST OF ABATING THE SAME, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE SPECIAL ASSESSMENTS AND PROVIDING FOR THE ENFORCEMENT AND COLLECTION - OF SUCH SPECIAL ASSESSMENTS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SEC TI ON 1. "WEEDS" DEFIN ED . The term "weeds" as used through this ordinance shall mean and include weeds, grass, ferns, vines, and other similar natural growth other than growth ordinarily and customarily planted for decorative purposes and which has been planted for decorative purposes and is under continuing cultivation. SECTION 2. DECLARATION OF CERTAIN WEEDS AS A NUISANCE; PUBLI- CATION OF RESOLUTION; ABATEMENT GENERALLY. All weeds growing upon the streets or sidewalks or upon or in front of private property within the city, which bear seeds of a wingy or downy nature or attain such a large growth as to become a fire menace when dry, or at full natural growth as to become a fire mena.ce when dry, or at full natural growth will attain such a large growth as to become a fire mena.ce when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the City Council, and may thereafter be abated as provided in this article. Whenever any such weeds are growing upon any street or sidewalk or private property the city council may determine that the same consti- tute a public nuisance, and may, by resolution declare the same to be a public nuisance, and shall therein set out the types or sizes or heights or such other description of the weeds determined to consti- tute a public nuisance as should reasonably be anticipated to give any and all persons affected thereby notice thereofo The City Clerk shall cause s~~h resolution to be published at least two successive days in the official newspaper of the city. (f' 3 S- lir>ilnlll1 SECTIDQN 1. REMOVAL - NOTICE OF PUBLIC HEARING ON RESOLUTION DECLARING A NUISANCE; POSTING SAME ON AFFECTED PROPERTY. After the passage of a resolution, as described in section 2, the Director of Public Works shall cause a notice to be conspicuously posted on or in front of or within fifty feet of any lot, piece or parcel of land on which or in front of which such nuisance exists, and where two or more lots, pieces or parcels of land on which or in front of which such nuisance exists are contiguous he shall cause to be posted thereon or in front thereof, notices at not more than fifty feet or less than twenty-five feet apart. Such notices shall be headed "Notice to Destroy Weeds," such heading to be in words not less than one inch in height, and such notice shall be substantially in the following form: "NOTICE TO DESTROY WEEDS" Qtie~ i(l he~i8~.:,&1 ven that on the or'~~i l~;1\~jif,19 ~, the City ~~:..' ,::,~~f",r.~\':,'\'rt~ ',"": Gi lroy . 'pass-ecJ:' teti'blQ;tion No. r day Council of the City of declaring that noxious or dangerous weeds were growing upon or in front of the property on this street within the City of Gilroy, the nature, size and types of such weeds being more particularly described in said resolution, and that the same constitute a public nuisance which must be abated by the removal of said noxious or danger- ous weeds, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which or adjacent to which such weeds are removed, and such costs will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolu- tion for further particulars. All property owners having any objections or protests to the proposed removal of such weeds are hereby notified to attend a meeting of the City Council of the City of Gilroy, to be held in the Council Chamber, City -2- _ -,1 Hall, Sixth and Rosanna Streets, Gilroy, California, on the day of , 19___, when their objections will be heard and given due consideration." Subsequent to the passage of the resolution provided for in section 2, the hearing date and time may be fixed and determined by the Director of Public Works, to be any first or third Monday of any month at the regular hour of meeting of the city council in regular session, or it may be fixed and determined by the city council at any time. The notices provided for herein shall be posted at least five days prior to the time for hearing objections as fixed and determined in accordance herewith. SECTION 4. SAME - ACTION AT HEARING ON RESOLUTION; FINALITY OF COUNCILMANIC ACTION. At the time stated in the notices prescribed in the preceding section, the city council shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and may continue the hearing from time to time. Upon the conclusion of such hearing the city council, by motion or resolution shall allow or overrule any or all objects, whereupon the city council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive. SECTION 5. FAILURE OF OWNER TO ABATE FOLLOWING COUNCILMANIC ORDER. Any owner of property, upon which property a public nuisance has been declared to exist pursuant to sections 2, 3 and 4 who fails to abate such nuisance within ten days after the date of conc~usion of the hearing with respect to such property as provided in section 4 shall be guilty of a misdemeanor. SECTION 6. REMOVAL BY CITY UPON FAILURE OF OWNER TO REMOVE. After final action has been taken by the City Council on the disposition of any protests, or objections, or in case no protests or objections have been received, the city council, by motion or resolution, -)- , shall order the Director of Public Works to abate such nnisance by having the weeds referred to removed, and he and his assistants or deputies are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds removed at his own expense providing the same is done prior to the arrival of the Director of Public Works or such other public officer so designated or his representatives to do the same. SECTION 7. ACCOUNT AND REPORT OF COSTS WHEN CITY ABATES; NOTICE. The Director of Public Works shall keep an account of the cost of abating a nuisance pursuant to this article in front of or on each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report in writing to the City Council showing the cost of removing such weeds on each separate lot, or in front thereof, or both; provided, that before such report is sub- mitted to the legislative body, a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the legislative body, together with a notice of the time when such report shall be submitted to the legislative body for confirmation. SECTION 8. OBJECTIONS, MODIFICATION AND CONFIRMATION OF COST ACCOUNT WHEN CITY ABATES. At the time fixed for receiving and considering the report, described in the preceding section, the City Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and thereupon make such modifications in the report as they may deem necessary after whic~, by motion or resolutio~, the report shall be confirmed. SECTION 9. COSTS OF ABATEMENT A LIEN ON PROPERTY; ADDITION TO TAX LIST; COLLECTION OF COSTS. The amounts of the cost for abating such nuisance in front of or upon the various parcels of the land mentioned in the report shall constitute special assessments against the respective parcels of land, and after thus made and confirmed shall constitute a lien on the property for the amount of such assessments, respectively. -4- After confirmation of the report a copy shall be turned over to the assessor and the tax collector of such municipality, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land for municipal purposes. The amounts of the respective assessments shall be entered upon the tax roll opposite the respective parcels of land and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes of the city. The Director of Finance is authorized to receive the amount due for the cost of abating the nuisance pursuant to this article, and to issue receipts therefor at any time after the confirma- tion of the report and until ten days before a copy of the report shall be turned over to the assessor and tax collector of the city. SECTION IO. REFUND OF FUNDS ERRONEOUSLY COLLECTED PURSUANT TO ARTI CLE. The City Council may order any tax, or any portion thereof, paid pursuant to the provisions of this article, refunded; provided, that such tax or portion thereof, is found and determined by the City Council to have been erroneously levied; and, provided, further, that no such tax, or portion thereof;' shall be refunded unless a claim, verified by the person who paid the tax, his guardian, executor, or administrator, shall have been filed with the clerk of the city on or before the first day of March after the date upon which such tax became due and payable. SECTION ll. CLAIMS FOR DAMAGES PURSUANT TO 'ARTICLE; LIMITATION OF ARTICLE. Claims for damages to property, caused by any officer or employee of the city in connection with the abatement of any nuisance pursuant -5- to the provisions of this article, may be paid from the general funds if the City Council shall find and determine that such damage was caused by the negligence of such officer or employee; provided, however, that no such claim for damages shall be considered or paid unless it shall be presented in writing and filed with the City Clerk within one hundred eighty days after such damages occurred. SECTION 12. EFFECT OF ORDINANCE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The legislative body hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 13. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 14. This ordinance shall take effect and be in full force thirty ()O) days from and after the date of its adoption. ADOPTED AND PASSED THIS 3rd day of October , 1960, by the following votes; A YES : NOES: MEMBERS OF THE COUNCIL: Pate, Petersen, Rush, Wentworth, Sanchez MEMBERS OF THE COUNCIL: None ABSENT: MEMBERS OF THE COUNCIL: Goodrich, Jordan APPROVED: ,4j~~ attest: /c1l1~ g ~7 ~ ,,., ......... "",,'; I , ~~~antle E. rayn~ ,C I ty Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 63; Is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the ~rd day of OftobEir , 19.....60... at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the CIty of GIlroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gi I roy, this 9th day of October , 19..22..