Resolution 2005-47RESOLUTION NO. 2005 -47
A 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, NAMING THE OWNERS THEREOF, AND THE
COST OF ABATING THE NUISANCE CAUSED BY THE
GROWING OF WEEDS AND ACCUMULATION OF REFUSE ON
THE PROPERTY, AND PROVIDING THAT SUCH COST SHALL
CONSTITUTE ASSESSMENTS AGAINST THE LAND
WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, the City
Council of the City of Gilroy did on March 15, 2004, adopt Resolution No. 2004 -23 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. 2004 -23, 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
upon such lots or lands until paid, and will be collected upon the next tax roll upon which general
municipal taxes are collected; and
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Resolution No. 2005 -47
WHEREAS, the City Council fixed June 7, 2004, at the hour of 7:00 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 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 thereafter adopted Resolution No. 2004 -55 requiring the Chief of the Fire
Department to abate said nuisance by having the weeds destroyed and the refuse removed as
provided in Section 12.51 of the Gilroy City Code; and
WHEREAS, the Chief of the Fire Department has filed his report with the City Council,
setting forth the actions taken in abating the nuisance, stating 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:
ASSESSOR'S ABATEMENT
OWNER LOCATION PARCEL NO. COST
Chang Wun I Renz Lane, North of 841 -10 -053 $748.00
37 Rock Harbor Ln. Pacheco Pass Highway
Foster City, CA 94404
ASSESSOR'S ABATEMENT
OWNER LOCATION PARCEL NO. COST
PG &E Renz Lane, North of 841 -10 -039 $748.00
Room 1045/Mail Code N10A Pacheco Pass Highway
San Francisco, CA 94105
PG &E Southwest corner of 841 -16 -117 $1,129.00
Room 1045 /Mail Code N10A Banes Lane & Chestnut
San Francisco, CA 94105 Street
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Resolution No. 2005 -47
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 18, 2005, at the hour of 7:00 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; and
WHEREAS, the Owners were duly noticed of the 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 the report and assessment list, or to any matter or thing contained
therein, to appear and be heard; and
WHEREAS, the hearing was held in accordance with the Gilroy City Code.
NOW THEREFORE, BE IT RESOLVED, that a certified copy of this resolution and of
the report of the Chief of the Fire Department be turned over to the County Director of Finance,
who constitutes the Assessor and Tax Collector for 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 Assessor and Tax Collector add the amount thereof to the
next
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Resolution No. 2005 -47
regular bill for taxes levied against respective lots and parcels of land for municipal purposes.
PASSED AND ADOPTED this 18th day of July, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
NOES: COUNCILMEMBERS: NONE
ATTEST:
Rhonda Pellin, City Clerk
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APPROVED:
oert he iro, Mayor
Resolution No. 2005 -47
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -47 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
18th day of July, 2005, 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 August, 2005.
City Clerk of the City of Gilroy
(Seal)