Ordinance 754
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ORDINANCE NO. 7..21r..
AN ORDINANCE PROVIDING FOR THE ABATEMENT OF WEEDS
AND REFUSE" INCLUDING GARDEN REFUSE, IN THE CI':C-~
OF GILROY.t AND REPEALING ARTICLE III I CHAPTER! /'2,
OF THE CODE OF THE CITY OF GILROY
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section 1: Public Nuisance. No owner, agent, lessee, or
occupant, or other person having charge or control of any building,
lot, or premises within the City of Gilroy shall permit weeds and/or
refuse to remain or accumulate upon said premises or upon public
sidewalks or streets, or alleys between said premises and the
center line of any public street or alley.
"Weeds", as used in this ordinance, means all weeds growing
upon streets, alleys, sidewalks or private property in the City and
includes any of the following:
a. Weeds which bear or may bear seeds of a downy or
wingy nature.
b. Weeds and indigenous grasses which may attain such
large growth as to become, when dry, a fire menace
to adjacent improved property.
c. Weeds which are otherwise noxious or dangerous.
d. Poison oak and poison ivy when the conditions of
growth are such as to constitute a menace to the
public health.
"Refuse", as used in this ordinance, means such as is mentioned
and defined in Sec. 12.1 of the Gilroy City Code, the accumulation of
which in violation of the provisions of Division 3 of Article I of
Chapter 12 of this Code is therein declared to be unlawful, as well as
"Garden Refuse" as the same is mentioned and defined in Sec. 12.24 of
this Code, the accumulation or placing of which in violation of
Article II of Chapter 12 of this Code is therein declared to be
unlawful.
Every property owner shall destroy or remove such weeds, and
remove or cause to be removed such refuse from his property and from
the abutting half of any street or alley between the lot lines as
extended.
(1)
II ~5t/
Section 2: Resolution Declaring Nuisance. Whenever any such
weeds are growing upon any private property or properties or in any
street or alley within the city, or refuse shall accumulate upon
any part of such areas, the City Council shall pass a resolution
declaring the same to be a public nuisance, and order the Chief of
the Fire Department to give notice of the passage of such resolution
by posting and publication in the same manner and for the time as
set forth in Section 7 of this ordinance, and stating therein
that I unless such nuisance be abated without delay by the destruction
or removal of such weeds and refuse1 the work of abating such nui-
sance will be done by the city authorities, and the expense tha reof
assessed upon the lots and lands from which, and/or in the front
and rear of which, such weeds and refuse shall have been destroyed
or removed. Such resolution shall fix the time and place for hear-
ing any objections to the proposed destruction or removal of such
weeds and refuse.
Section 3: Form of Notice. The notice shall be substantially
in the following form:
II NOT ICE TO DESTROY OR REMOVE
WEEDS AND REFUSE
NOT ICE IS HEREBY GIVEN that on
pursuant to the provisions of Section 2 of Ordinance No.___
of the City of Gilroy, the City Council of said City passed
a resolution declaring that all weeds and/or refuse, as the
same are defined in Section 1 of this ordinance, growing or
accumulating upon any private property or in any public
street or alley, constitute or constitutes a public nuisance,
and that such nuisance must be abated by the destruction or
removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall1
without delay, remove or cause to be removed all such weeds
and refuse from their property, and from the abutting half
of the street in front and alleys, if any, behind such
property, and between the lot lines thereof as extended, or
such weeds will be destroyed and removed and such refuse
will be removed and such nuisance or nuisances created
thereby abated by the City authorities, in which case the
costs of such destruction and/or removal will be assessed
upon the lots and lands from which, or from the front or
rear of which such weeds and accumulation of refuse, have
been destroyed or removed; and such costs will constitute
a lien upon such lots or lands until paid and will be
collected upon the next tax roll upon which general munici-
pal taxes are collected. All property owners having any
(2)
objections to the proposed destruction or removal of such
weeds and/or refuse are hereby notified to attend a meet-
Dg of the Council of said city of Gilroy to be held in
the Council Chambers in the City Hall, Number 10 South
Rosanna street, City of Gilroy, on ,
at o.clock p.m., when and where their objections
will be heard and be given due consideration.
DATED: This ____ day of
, 19_.
Chief of Fire Department
City of Gilroy"
Section 4: Hearinq. At the time stated in the Notice, the
Council shall hear and consider any and all QJjections to the proposed
destruction or removal of such weeds and/or refuse, and may continue
the hearing from time to time. The Council by motion or resolution
shall allow or overrule any and all objections, if any, after which
the Council shall thereupon be deemed to have acquired jurisdiction to
proceed and perform the work of destruction or removal of said weeds
and refuse.
Section 5: Order to Abate Nuisance. The Council shall by resolu-
tion order the Chief of the Fire Department to abate such nuisance,
or cause the same to be abated, by having the weeds referred to
destroyed or removed by cutting, discing, chemical spraying or any
other method as may be determined by the City Council and said refuse
to be removed and the Chief of the Fire Department and his deputies,
assistants, employees, contracting agents or other representatives,
are hereby expressly authorized to enter upon private property for
such purposes. Any property owner shall have the right tornstroy or
remove such weeds and remove said refuse himself, or have the same
destroyed or removed at his own expense, provided that such weeds
and/or refuse shall have been removed prior to the arrival of the
Chief of the Fire Department or his authorized representatives to
remove them.
Section 6: Account and Report of Cost. The Chief of the Fire
Department shall keep an account of the cost of abating such nuisance
and embody such account in a report and assessment list to the City
(3)
Council, which shall be filed with the City Clerk. Such report shall
refer to each separate lot or parcel of land by description sufficient
to identify such lot or parcel, together with the expense proposed to
be assessed against each separate lot or parcel of land.
Section 7: Notice of Report. The City Clerk shall post copies
of such report and assessment on the bulletin board in the Council
Chambers at the city Hall located at No. 10 South Rosanna Street,
Gilroy, Californiai on the bulletin board in the lobby of the City Clerk's
~e located at No. 10 South Rosanna Street, Gilroy, California;
and on the bulletin board near the entrance door of the Fire Depart-
ment Headquarters located at 55 Fifth Street, Gilroy, California,
together with a notice of the filing thereof and of the time and
place when and where it will be submitted to the City Council for
hearing and confirmation, notifying property owners that they may
appear at such time and place and object to any matter contained
therein. A like notice shall also be published twice in a newspaper
of general circulation, published and circulated wfthin the City. The
posting and first publication of said notice shall be made and completed
at least ten (10) days before the time such report shall have been
submitted to the City Council. Such notice, as so posted and published
shall be substantially in the following form:
"NOTICE OF HEARING ON REPORT AND
ASSESSMENT FOR WEED AND
REFUSE ABATEMENT
NOTICE IS HEREBY GIVEN that on
the Chief of the Fire Department of the City of Gilroy filed
with the City Clerk of said City a report and assessment on
abatement of weeds and refuse within said City, copies of
which are posted on the bulletin board in the Council Cham-
bers at the City Hall located at No. 10 South Rosanna
street, Gilroy, Califor~~~ the bulletin board in the
lobby of the City ~'s^roca~ed at No. 10 South Rosanna
Street, Gilroy, Californiai and on the bulletin board near
the entrance door of the Fire Department Headquarters located
at 55 Fifth Street, Gilroy, California.
NOTICE IS FURTHER GIVEN that on
at the hour of o'clock p.m., in the Council Chambers
of said City Hall, said report and assessment list shall be
presented to the City Council of said City for consideration
(4)
and confirmation, and that any and all persons interested,
having any objections to said report and assessment list, or
to any matter or thing contained therein, may appear at said
time and place and be heard.
DATED: This ____ day of
, 19_
City Clerk, City of Gilroy"
Section 8: Hearinq and Confirmation. At the time and place fixed
fur receiving and considering such report, 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 far the work of abating such
nuisance, and said Chief of Fire Department shall attend such meeting
with his record thereof, and upon such hearing, the Council may make
such modifications in the proposed assessment therefor as it may deem
necessary, after which such report and assessment list shall be con-
firmed by resolution.
The amount of the cost of abating such nuisance upon, or in the
front or rear of, the various lots or parcels of land respectively
referred to in such report, shall constitute special assessments
against such respective lots or parcels of land, and after thus made
and confirmed, shall constitute a lien on such property for the amount
of such assessment, until paid.
Section 9~ Collection. The Director of Finance shall cause the
amount of the assessment to be entered on the City assessment roll
opposite the description of the particular property and the amount
shall be collected together with all other taxes thereon upon the
property. Thereafter, such amounts shall be collected at the same time
and in the same manner as general City taxes are collected and shall be
subject to the same penalties and interest, and the same procedure and
sale in case of delinquency as provided for City taxes. All laws and
ordinances applicable to the levy, collection and enforcement of City
taxes are hereby made applicable to such special assessment.
(5 )
. .
The property owner has the option, if he so desires of paying the
assessment directly to the Collector's office before said entry on
said assessment roll.
Section 10: Revocation. Article III of Chapter 12 of the Gilroy
City Code is hereby repealed.
Section 11: Remedy. The remedy provided for in this ordinance
to secure the removal and/or destruction of weeds and refuse is
hereby declared to be additional or alternative to any other remedy
provided in said Code or by law and this ordinance shall not consti-
tute a repeal of any other provision in said code, except as expressly
herein stated.
Section 12: Constitutionality. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason held
by a court of competent jurisdiction to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby expressly declares that it
would have passed and adopted this ordinance and each section, sub-
section, sentence, clause and phrase hereof irrespective of the fact
that anyone or more of said sections, subsections, sentences,
clauses or phrases hereof be held unconstitutional.
Section 13: Effective Date. This ordinance shall take effect
and be in full force thirty (30) days from and after its adoption
and approval.
This ordinance was introduced and ordered published by title
and summary at a regular meeting of the Council held on the 7th day
of September, 1965, passed and adopted this 20th day of September,
1965, by the following vote:
(6)
AYES:
NOES:
ABSENT:
ATTEST:
/', ',~~).,i2i(J(Ut1v0/
City Clerk
COUNCI~mMBERS Allemand, Eckard, Goodrich,
Quartiroli, Wentworth and Petersen.
com~CILMErf1BER3 None.
COillJCIUMEMBERS Duffin.
APPROVED:
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(7)
Mayor
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 754 Is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 20th day of September , 19 65 , 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 Gilroy, this 21st day of
Se-ptember
City Clerk of