Resolution 2004- 71
RESOLUTION NO. 2004-71
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE
DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF
ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND
ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING
THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE
RESPECTIVE OWNERS OF LAND
WHEREAS, pursuant to the authority given by Article III of Chapter 12 of the Gilroy
City Code, the City Council ofthe City of Gilroy did on the 3rd day of March, 2003, regularly
adopt Resolution No. 2003-11 designating certain weeds growing or existing in the City of
Gilroy and refuse accumulating in the City to be a public nuisance and ordering the Chief of the
Fire Department to give notice of the passage of said resolution by posting and publication in the
same manner and for the same time as set forth in Section 12.48 of said code, and the Chief of
the Fire Department did cause said notice to be so given; and
WHEREAS, pursuant to Resolution No. 2003-11, the property owners as stated on the
latest tax assessor's role of the lots or parcels determined to have weeds growing or existing,
and/or refuse accumulating were duly noticed that: (1) said weeds and refuse have been
determined to constitute a public nuisance, (2) a public hearing would be held at which the City
Council would hear and consider any and all objections to the proposed destruction or removal of
said weeds or refuse, and (3) weeds and refuse not removed by the property owners will be
removed by City authorities, in which case the cost 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
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upon such lots or lands until paid, and will be collected upon the next tax roll upon which general
municipal taxes are collected; and
WHEREAS, the City Council fixed June 3, 2003, at the hour of7:00 o'clock p.m., in the
Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and
place for the hearing provided for in Section 12.50 of said Code, and the notice given included a
statement of the said time and place of hearing; and
WHEREAS, the said hearing was held on that date in accordance with the City Code and
no objections were made to the proposed removal and destruction of the weeds and refuse, and
the City Council did thereupon at said meeting regularly adopt Resolution No. 2003-36 requiring
the Chief of the Fire Department to abate said nuisance by having the weeds destroyed or
removed as provided for in Section 12.51 of the Gilroy City Code and the refuse removed; and
WHEREAS, the Chief of the Fire Department has filed his report with the City Council,
setting forth the actions taken in abating the said nuisance which report includes an account of
the cost of the abatement and an assessment list and identification of each separate lot or parcel
of land by description, together with the expense proposed to be assessed against each separate
lot or parcel and the name of the owners or reputed owners ("Owners") thereof as follows:
OWNER
LOCATION
ASSESSOR'S
PARCEL NO.
ABATEMENT
COST
Helene Anderson
P.O. Box 516
Gilroy, CA 95021
W un I Chang
37 Rock Harbor Ln.
Foster City, CA
94404
Comer of Chestnut
Street and Bane Lane
841-74-004
$395.00
Renz Lane, North of
Pacheco Pass Highway
841-10-053
$395.00
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and
WHEREAS, it appears that the Chief of the Fire Department has taken all actions
required of him in abating said nuisance and removing said weeds and refuse and that the cost
thereof as shown in said report is correct and should be confirmed; and
WHEREAS, the City Clerk fixed July 6,2004, at the hour of7:00 o'clock p.m., in the
Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and
place for the hearing provided for in Section 12.53 of Gilroy City Code at which time the report
and assessment list was to be presented to the City Council of said City for consideration and
confirmation, when 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; and
WHEREAS, the Owners were duly noticed of said hearing at which the City Council
would be presented with the report and assessment list for consideration and confirmation, the
abatement costs proposed to be assessed upon the Owners and the right of all persons interested,
having any objections to said report and assessment list, or to any matter or thing contained
therein, to appear at said time and place and be heard; and
WHEREAS, the said hearing was held in accordance with the Gilroy City Code.
NOW THEREFORE, BE IT RESOLVED, that a copy of this resolution and of said report
of the Chief of the Fire Department be turned over to the County Director of Finance who
constitutes the Assessor and Tax Collector of the City of Gilroy, and the amounts shown on said
report as the cost of the removal of the weeds and refuse from each of the respective properties
and certified as unpaid shall be and constitute a lien on the property for the amount of such
assessment respectively, and the said Assessor and Tax Collector shall add the amount thereofto
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the next regular bill for taxes levied against respective lots and parcels of land for municipal
purposes.
PASSED AND ADOPTED this 6th day of July, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ATTEST:
~~~
Rhonda Pellin, City Clerk
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Resolution No. 2004 - 71
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-71 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
6th day of July, 2004, 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 7th day of July, 2004.
~,
City Clerk of the City of Gilroy
(Seal)