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Resolution 2007-47 RESOLUTION NO. 2007-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on March 5, 2007, the City Council adopted Resolution No. 2007-14 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2007-14 and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor's role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 ofthe Gilroy City Code; and WHEREAS, said public hearing was duly held on June 4, 2007, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment "A" hereto, or cause the same to be abated, by having refuse removed and weeds destroyed andlor removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department. 2. That any property owner shall have the right to destroy andlor remove weeds IMDOLlNGERI687215.3 051507-04706083 -1- Resolution No. 2007-47 growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives to remove them. 3. That the Chief ofthe Fire Department shall keep an account of the costs of destroying andlor removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. PASSED AND ADOPTED this 4th day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, V ALIQUETTE and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -, ATTEST: i / / ;' \, ".//;0"": " .' " i/\..iL / } (t/ /( jjr-- C[ L LA Rhonda Pellin, City Clerk APPROVED: /"'? ",.-- ")' .'/ / ~~~~-~ .-Arbert inheiro, Mayor IMDOLlNGERI687215.3 051507-04706083 -2- Resolution No. 2007-47 1" ~ m m o )> OJ )> -; m 5: m z -; r (f) -; z G) N o o -..j > H H > o ~ t".l Z H > 00 00 00 00 00 .. ~ ~ ~ ~ ~ ...... ...... ...... ~ ...... I I I I ....... ....... ....... ....... ....... \0 \0 0'\ W tv 0 I I , , 0 0 0 8 ..... 0 tv 0 w w VI VI ...... ~ m m o )> OJ )> -i m ~ m z -i r (j) -i Z G> '" o o ...... ... ::;E m m o )> OJ )> -; m s:: m z -; r (J) -; z G) I\) o o -...I ~ m m o )> OJ )> -l m ~ m z -l !:: (f) -l Z G) N o o -...j I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-47 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 4th day of June, 2007, 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 18th day of June, 2007. ) ~ j.....----/ Ji.f(/C V_ {{ lerk of the City of Gilroy (. fA- (Seal)