Resolution 1995-35
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RESOLUTION NO. 95-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY REGARDING THE DECLARATION OF A
PUBLIC NUISANCE AND VEHICLE ABATEMENT FOR
PROPERTIES LOCATED AT 8585, 8595 AND 8605
MURRAY AVENUE, GILROY.
WHEREAS, a duly noticed public hearing was held May 15,
1995 before the City Council of the City of Gilroy to determine
whether the condition of the property located at 8595 Murray
Avenue, Gilroy ("the Property") and its effect on surrounding
properties, and portions of the adjacent properties located at 8585
and 8605 Murray Avenue ("the Adjacent Properties") are nuisances
under the Gilroy City Code, a public nuisance under the California
civil Code and a nuisance per se; and
WHEREAS, the owner of the Property, John Vlahos, occupier
of the Property, Ray Peterson (also allegedly doing business as TOp
Hat Industries, Inc. and also asserting an alleged ownership
interest in the Property), and owners of the Adjacent Properties,
have been given proper and sufficient notice that the condition of
the Property and portions of the Adjacent properties violate
numerous laws and regulations set forth in the Uniform Housing
Code, Uniform Fire Code, Uniform Building Code, the Gilroy City
Code and State statutes and that this public hearing was to be held
in regard thereto; and
WHEREAS, competent evidence has been presented to the
city Council, including the Staff Report entitled "Declaration of
a Public Nuisance and Vehicle Abatement Hearing for Properties
Located at 8585, 8595 and 8605 Murray Avenue" dated May 5, 1995,
oral testimony and other documents, that the condition of the
Property is in continued violation of the Uniform Housing Code
Chapters 2 and 11 and Uniform Building Code Chapter 1, and along
with portions of the Adjacent Properties, is in continued violation
of the Uniform Fire Code sections 4 et sea., 10 et sea., 11 et
~, and 34 et sea., Gilroy City Code Chapter 12 Articles I and
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RESOLUTION NO. 95-35
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.
III and Chapter 15 Article IX, California civil Code sections 3479
and 3480 and is a nuisance per ~;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council declares the Property and portions of
the Adjacent Properties a public nuisance and orders abatement
thereof pursuant to the Gilroy city code, Uniform Codes and State
statutes.
2. The vehicles and/or parts thereof as described and
identified pursuant to the evidence taken at the above-referenced
hearing and located on the properties at 8585, 8595 and 8605 Murray
Avenue are deemed abandoned, wrecked, dismantled and inoperative
according to the Gilroy City Code, Chapter 15, Article IX.
3, The city or its designee shall have the right to enter
the properties located at 8585, 8595 and 8605 Murray Avenue to
remove all above-referenced vehicles and parts thereof pursuant to
Gilroy City Code, Chapter 15, Article IX.
4. The City or its designee shall have the right to enter
the properties located at 8585, 8595 and 8605 Murray Avenue to
remove all weeds, trash and other material which may create a fire
hazard pursuant to Gilroy City Code Chapter 12 Articles I and III.
5. The house located at 8595 Murray Avenue is a hazard to
the health and safety of its occupants and therefore must be
rehabilitated, secured or demolished in accordance with the Uniform
Housing and Building Codes and Gilroy City Codes.
6. The house located at 8595 Murray Avenue may not be
occupied until such time as a certificate of occupancy is issued
by the City of Gilroy Building Department.
7. Any and all unsafe structures violation of the above-
referenced in codes located at 8595 Murray Avenue be rehabilitated,
secured or demolished in accordance with the Uniform Building Code
and The Gilroy city Code.
8. The City cause the removal of any person occupying the
house at 8595 Murray Avenue until a certificate of Occupancy is
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RESOLUTION NO. 95-35
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issued.
9. The City or its designee perform a hazardous materials
clean-up at 8595 Murray Avenue and the Adjacent properties, if
necessary.
10. Although evidence has been submitted that the owners of
the properties located at 8585, 8595 and 8605 Murray Avenue did not
consent to the placing of the vehicles on the Property or the
Adjacent Properties, it has been sufficiently established that the
owner and/or owners of said properties have subsequently acquiesced
to the presence of said abandoned, wrecked, dismantled and
inoperative vehicles. The owners of said properties contributing
to the above-referenced conditions shall be proportionately
responsible for all costs involved in the abatement and clean-up
of this nuisance. In the event that the owners fail to reimburse
the City for its expenses, the city shall have the right to place
a lien against each property to recover the costs of the abatement
proceedings and clean-up.
PASSED AND ADOPTED this 15th day of May, 1995 by the
following vote:
AYES: COUNCILMEMBERS:
GAGE, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS:
NONE.
ABSENT: COUNCILMEMBERS:
NONE.
APPROVED:
Do~l!b--
ATTEST:
\305\189452.1
51-050804706006
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RESOLUTION NO. 95-35
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NOTICE OF INTENTION TO ABATE AND REMOVE
ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLES OR PARTS THEREOF AS
A PUBLIC NUISANCE
John Vlahos
533 Airport Boulevard Suite 500
Burlingame, CA 94010
As owner shown on the last equalized assessment roll of the land located at 8595
Murray Avenue,yilroy, you-are hereby notified that the tUldersigned pursuant to Chapter
15, Article IX of the Gilroy City Code has detemiined that there exists upon said land
abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, which constitute
a public nuisance pursuant to the provisions of Chapter 15, Article IX of the Gilroy City
Code.
You are hereby notified to abate said nuisance by the removal of said vehicles (or
said parts of vehicles) within ten days from the date of mailing of this notice, and upon
your failure to do so the same will be abated and removed by the city and the costs thereof,
togetller with administrative costs, assessed to you as owner of the land on which said
vehicles (or said parts of vehicles) are located.
The vehicles to be removed are:
Vehicle Identification Number
Registered. Owner
lP87KAN536054
Lamon 1. or Jerome Hutchins
vo: Fireside Thrift
YVIBX4548Bl1 ]7730
Gary Lane or Jerri G, Richards
VO: Gallo E.F,C.U.
7W38F525503
Rocha Castillo
ID37H3Z483456
Bob Blauner
1426343427392
Richard Vernon Anderson
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John Vlahos
Page 2
Vehicle Abatement
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4P39J6XI44632 Russell J. Mohkovic
6569B99457369 Debra Anne Rudometkin
4382052399 Don W. Ordoniza
A3C798Z221323 Jesus Alejo Briseno
lQ87H5N575913 Renae Leslie Wagener
1342101340 Harold W. or Deanne E. Alexander
828CBI506215 Fadi A Jebaili
--
CI456Z173--793 Audrey J. Fedalizo
SGTASG28814 American Shellfish Corp.
1753423740 Tana M. Warner
LL29B4G236620 Norca1 Auto Auction 19724
3612158714 William Todd Foust
21839Ll40320 Sam Duran
41592 Jerry R. or Kathleen J. Thigpen
CLN1 4A8207923 Michael J. Spears
IVWAGOl75DVOl7362 'Catherine M. Peterson .
163375Ll62623 James Ruben Guerra
RN28022551 Benjamin Lopez
124379N548590 Chad Fine Peterson
9113101049 Chadco Corvette
WI4BD7S072522 Chadco Corvette
5436467 Chadco Corvette
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John Vlahos
Page 3
Vehicle Abatement
119384267
Chadco Corvette
FIOYLP47771
Chadco Corvette
I00722P
Lucky Stores Inc.
CCYI43Z152663
Ricky D. Menees
HS130120931
Daniel Ochoa Jr.
CL}lI468211706
MichAel 1. or Nonna 1. Bumpus
F0062FGD45328
Zbigniew Henryk Bak
6R03YI14030 - --
--
Rhonda Lee Roberts -
VI227
Rudy R Martinez
1512623222
Auto Insurance Service Inc.
A6A087E209023
Bob Hogue
CCS247J165055
Ray C. Peterson
164479COI8027
Ray C. Peterson
GAECMC09458
Ray C. Peterson
FlODR582I06
Ray C. Peterson
6569B8Q456832
Ray C. Peterson dba Top Hat Industries
RN23036243
Ray C. Peterson dba Top Hat Industries
IG6AD6993B91I0071
Ray C. Peterson dba Top Hat Industries
FH45L8GI86219
Ray C. Peterson dba Top Hat Industries
WVWCGO 1 67EW068764
Ray C. Peterson dba Top Hat Industries
I)GVU\\V9763FK247314
Ray C. Peterson dba Top Hat Industries
ML44AAD231998
Ray C. Peterson dba Top Hat Industries
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John Vlahos Page 4
E37GHU06364
J530008168
6B695992I0315
3F04HI66977
IB34D46K4JC127364
IG2AD77G5C7546149
138378Z153532
1 WV AGO 175DVO 17362
--
I G6AG69GOCC4Q5459
99787000539
JB3BC44H8EZ500323
CHEV3953060
C1l3242
4B2061906
lE03H161697
6L47870188800
FI01R544761
CLNI48821841
1 56695L136647
3F04HI66977
1 VWDB0174FV039920
IQ87D4NI94447
6L67S30434985
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Vehicle Abatement
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No Longer in D.M.V. system
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John Vlahos
Page 5
Vehicle Abatement
223378U134440
No Longer in D.M.V. system
1 G6AB6997B91 1 1827
No Longer in D.M.V. system
CCZ145Z132505
No Longer in D.M.V. system
IGIAP87H5CL145590
No Longer in D.M V. system
2K37A92576104
No Longer in D.M V. system
IG4AP69N7BXI21339
No Longer in D.M.V. system
OFOIHI4915
No Longer in D.M.V. system
IG87DI83802
No Longer in D.M.V. system
JA3BC44H1EZ500936
No Longer in D.M V. system
W13BF8J503340
No Longer in D.M.V. system
4 1 447I1 14606
No Longer in D.M. V. system
RS23L8G209036
No Longer in D.M.V. system
237176Z118065
No Longer in D.M.V. system
1D3712L554494
No Longer in D.M.V. system
WS23L9A283805
No Longer in D.M.V. system
109270149106
No Longer in D.M.V. system
8K35F521544
,No Longer in D,M.V. sys1'em
6H45K491 02682
No Longer in D.M.V, system
2102027252
No Longer in D.M.V. system
B54K004850
No Longer in D.M.V. system
C530067883
No Longer in D.M.V. system
3HI5F50538
No Longer in D.M.V. system
RI3266692785
No Longer in D.M.V. system
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John Vlahos
Page 6
Vehicle Abatement
124377LI08417
No Longer in D.M V. system
B57LI93042
No Longer in D.M.V. system
7Y82Z145944
No Longer in D.M V. system
OR028155782
No Longer in D.M.V. system
HL620235629
No Longer in D.M.V. system
M6D4H02570
No Longer in D.M.V. system
1 Y82A809242
No Longer in D.M.V. system
IF92M542163
No Longer in D.M.V. system
H59L143538 -_
No Longer in D.M.V. system
69367IQ424447
No Longer in D.M. V. system
252877P3204I1
No Longer in D.M.v. system
4CI46S114I02
No Longer in D.M. V. system '
6Y82A892141
No Longer in D.M.V. system
976607L
No Longer in D.M.V. system
IY8IA839657
No Longer in D.M.V. system
135375Z138076
No Longer in D.M.V. system
1 VWDCO 17XEVOO 1 099
No Longer in D.M.V. system
BNA6 1 28200
No Longer in D.M.V. system
BNA6160888
No Longer in D.M.V. system
7J87HI95096
No Longer in D,M. V. system
FIOYR834362
No Longer in D.M.V. system
3342305377
No Longer in D,M.V. system
13857CF123042
No Longer in D,M. V. system
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John Vlahos
Page 7
Vehicle Abatement
3U39T2M552091
No Longer in D.M.V. system
N094 1978425
No Longer in D .M. V. system
6K29C24 1 170
No Longer in D.M.V. system
1793668742
No Longer in D,M.V. system
CEIODZA25865
No Longer in D.M. V. system
JM2UCI218C0560398
No Longer in D.M. V. system
3J8559M133015
No Longer in D.M.V. system
IM35R2CI79255
No Longer in D,M.V. system
lX27H2W354030 _
No Longer in D .M. V. system
4J87 Al 05411
No Longer in D.M. V. system
C61DUC60793
No Longer in D .M. V. system
2F93H553645
No Longer in D.M.V. system
124CSIOI19061
No Longer in D,M.V. system
lMEBP6544CR606712
No Longer in D.M. V. system
2322189181
No Longer in D.M.V. system
2222066489
No Longer in D.M.V. system
2212024431
No Longer in D.M.V, system
SK47P9M47 1 765
No Longer in D.M.V. system
2292122753
No Longer in D .M. V. system
CS23T3C206277
No Longer in D.M.V. system
1352217090
No Longer in D,M.V. system
GH45K491 02682
No Longer in D.M.V. system
KNIDT07KXJ5101453
No Longer in D.M.V. system
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John Vlahos
Page 8
Vehicle Abatement
1414019310823
No Longer in D.M V. system
AKI48 1049
No Longer in D.M.V. system
IFOIFI09422
No Longer in D.M.V. system
2FOIL181551
No Longer in D.M.V. system
B9119065LRX
No Longer in D .M. V. system
3G37U3M444513
No Longer in D.M. V. system
H67H2HI9129
No Longer in D.M.V. system
235678B 128742
No Longer in D.M.V. system
IJ84N 1 06792-_
No Longer in D.M.V. system
7198777
No Longer in DM.V. system
2489A873892
No Longer in D.M.V. system
9Y82A901415
No Longer in D.M.V. system
4712910770
No Longer in D.M.V. system
4702911368
No Longer in D.M.V. system
4702902763
No Longer in D.M. V. system
2573868
No Longer in D.M,V. system
5342693
No Longer in D.M.V. sys~m
F0062FGDG5328
No Longer in D.M.V. system
304370148913
No Longer in D,M.V. system
209270113030
No Longer in D.M.V. system
F9Y82S679008F
No Longer in D.M.V. system
2292122753
No Longer in D,M.V. system
9R9IH502284
No Longer in D,M.V. system
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John Vlahos
Page 9
Vehicle Abatement
7A49S148239
No Longer in D.M.V. system
9Y82S679008
No Longer in D,M.V. system
7J87HI279
No Longer in D.M.V. system
9R91HS02284
No Longer in D,M.V. system
828ACI607476
No Longer in D.M.V. system
9Y82S679008
No Longer in D.M. V. system
JT2KP61OXC5591165
No Longer in D.M. V. system
3612017028
No Longer in D.M. V. system
JT2KP61OXC~91165 .
No Longer in D.M.V. system
3612017028
No Longer in D.M. V. system
1363792339189
No Longer in D M. V, system
4D29H32 1 24027
No Longer in D.M.V. system
GHLS30036271
No Longer in D.M.V. system
HC530270231
No Longer in D.M.V. system
IX27H2L157173
No Longer in D.M.V, system
IGIAN35H4CIl08070
No Longer in D,M.V. system
7119511521100469
-No Longer in D,M.V. system
2CI440108180
No Longer in D.M.V. system
FOY89A853946F
No Longer in D.M.V. system
CCYI43Z133 142
No Longer in D.M.V. system
IGIAX68R7CT159661
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FH45J8GI75713
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TCDI47Z528623
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John Vlahos
Page 10
Vehicle Abatement
lMEBP6544CR606712
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lD80K407476
No Longer in D.M.V. system
F35224RI523
No Longer in D.M.V. system
829574
No Longer in D.M.V. system
7KII38059
No Longer in D.M. V. system
41 839U132450
No Longer in D.M.V. system
License Number
--= 3N54909~--
_ No Longer in D:M.V. system
N55392
No Longer in D.M.V. system
BIW369
No Longer in D.M.V. system
222FHB
No Longer in D.M.V. system
723NVM
No Longer in D.M.V. system
711ZZH
No Longer in D .M. V. system
X95316
No Longer in D.M. V. system
IB94017 (Alabama)
No Longer in D.M.V. system
1 APR9 1 1
No Longer in D.M.V. system
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IBPV063
No Longer in D.M.V. system
BFV417
No Longer in D.M.V. system
lDNII6
No Longer in D.M.V. system
2KOl245
No Longer in D.M.V. system
DRP854
No Longer in D.M.V. system
CRR7375 (Oklahoma)
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John V1ahos Page 11
2AGN527
51733M
IB47279
IJHP692
IFCX558
IJND774
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Vehic1e Abatement
No Longer in D.M V. system
No Longer in D.M.V. system
No Longer in D.M V. system
No Longer in D.M V. system
No Longer in D .M. V. system
No Longer in D,M.V. system
As owner of the land on which said vehicles (or said parts of vehicles) are located,
you are hereby notified that you may, within ten days after the mailing of this notice of
intention, request a public hearing before the City Council and if such request is not
received by the Chief of Police within such ten day period, the Chief of Police shall have
the authority to abate and remove said vehicles (or said parts of vehicles) as a public
nuisance and assess the costs as aforesaid without a public hearing. You may submit a
sworn written statement within such ten-day period denying responsibility for the presence
of said vehicles (or said parts of vehicles) on said land, with your reason for denial, and
such statement shall be construed as a request for hearing at which your presence is not
required. You may appear in person at any hearing requested by you or the owner of the
vehicles or, in lieu thereof, may present a sworn written statement as aforesaid in time for
consideration at such hearing.
Notice Mailed
sf
(date)
Chief of Police
City of Gilroy
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I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-35 is an original
resolution, duly adopted by the council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of
Mav
, 19~,
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 16th day of
Mav
,1995.
~~
City Clerk of the City
(Seal)