Ordinance 2010-05
ORDINANCE 2010-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE ARTICLE VI ENTITLED
"SEISMIC SAFETY" SECTION 6.45, EXTENDING THE DEADLINE TO
COMPLETE MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BmLDINGS AND THE IMPOSITION OF PENALTIES TO
JULY 1,2010.
WHEREAS, on October 16, 2006, the City Council adopted Ordinance No. 2006-16,
which added a new Article VI entitled "Seismic Safety" to the Gilroy City Code effective on
November 15,2006, and set forth a deadline of three (3) years or until November 15,2009, for
completion ofretroffing ofUnreinforced Masonry ("URM") buildings; and
WHEREAS, the current economic conditions has made URM retroffiting compliance
difficult and/or unattainable by property owners within the timeframe established by Gilroy City
Code Section 6.45; and
WHEREAS, the City Council directed staff to form a URM Task Force to obtain from
URM property owners information regarding the unique challenges and obstacles that have made
compliance difficult and/or unattainable, and to develop a recommended approach to the URM
retrofit requirements; and
WHEREAS, the URM Task Force is still in the process of obtaining the information
necessary to develop said recommendations which will require additional time beyond the April
2, 2010 deadline, and may require additional modifications to the Gilroy City Code Article VI;
and
WHEREAS, the remedies and penalties in Gilroy City Code Sections 6.49 and 6.52 will
not take effect on April 2, 2010, but will be effective on July 1,2010.
NOW THEREFORE, the City Council of the City of Gilroy does ordain as follows:
SECTION I
Section 6.45( e)(1) of Article VI of the Gilroy City Code is amended to read as follows:
"(e) Deadline to Complete Work
(1) The owner shall complete construction and obtain final inspection approval in
accordance with the applicable retrofit standard by July 1, 2010 by .'\pril 1,
~. Failure to comply with the program within the specified time frame
shall be a violation of this Article and subject the owner to the penalties and
remedies described in Sections 6.49 and 6.52."
Ordinance No. 2010-05
SECTION II
This Ordinance shall apply retroactively to November 16, 2009, so that that the
penalties and remedies described in Gilroy City Code Sections 6.49 and 6.52 for violation of
Section 6.45(e)(I) shall not take effect until July 1,2010 .'\pri12, 2010.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that
it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after its passage
and adoption.
PASSED AND ADOPTED this 1 st day of March, 2010 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
TUCKER, WOODWARD and PINHEIRO
GARTMAN
NOES: COUCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
ATTEST:
o
I'
./
~
//- /'/'
. ert P~ITo,:~
/
Ordinance No. 2010-05
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2010-05 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 1 st day of March, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 3rd day of March, 2010.
Shawna Freels, CM
City Clerk of the City of Gilroy
(Seal)