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Resolution 2007-63 RESOLUTION NO. 2007-63 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 Council of the City of Gilroy did on the 5th day of March, 2007, regularly adopt Resolution No. 2007-14 designating certain weeds growing or existing in the City of Gilroy and refuse accumulating in said 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, the City Council fixed June 4,2007 at the hour of7:00 o'clock p.m., or as soon thereafter, 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 12.48 of said Code, and the notice given included a statement ofthe said time and place of hearing; and WHEREAS, the said hearing was held in accordance with the said City Code and notice and no objections were made to said proposed removal and destruction of the weeds and refuse, and said Council did thereupon at said session held on the 4th day of June, 2007 regularly adopt Resolution No. 2007-47 requiring the Chief ofthe Fire Department to abate said nuisance by having the weeds referred to destroyed or removed as provided for in Section 12.51 of the said RESOLU"rION - 1 - Gilroy City Code and such refuse to be removed; and WHEREAS, the said Chief of the Fire Department has filed his report with the 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 owner or reputed owner thereof as follows: OWNER& LOCATION ASSESSOR'S PARCEL NO. ABATEMENT COST Christopher & Michelle Eva 930 Fountain Ave. Pacific Grove, CA 93950 841-10-053 $ 1000.00 Garlic Crossing LLC 1670 Hillsdale Ave #A San Jose, CA 95124 841-70-026 $ 661.25 Cintas Corp POBox 625737 Cincinnati, Ohio 45262 841- 70-004 $ 588.13 Kellog Family LLC 14740 Cody Lane Saratoga, CA 95070 841- 70-005 $ 588.13 Lonestar California Inc PO Box 5252 Pleasanton, CA 94566 841-73-005 $ 100.00 Wildflower Court LLC 8300 Monterey Rd Gilroy, CA 95020 810-28-022 $ 515.00 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 - 2 - thereof as shown in said report is correct and should be confirmed; and WHEREAS, the City Clerk fixed August 6th, 2007 at the hour of7:00 o'clock p.m., or soon thereafter, 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 shall 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 said hearing was held in accordance with the said City Code and no objections were made to said report and assessment list; and 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, respectively, 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 Tax Collector shall add the amount thereof to the next regular bill for taxes levied against respective lots and parcels of land for municipal purposes. PASSED AND ADOPTED this 6th day of August, 2007 by the following vote: AYES: COUNCILMEMBERS: BRACCO, GARTMAN, V ALIQUTTE, VELASCO AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO, CORREA - 3 - APPROVED: - 4- I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-63 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 August, 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 4th day of October, 2007. hawna) Freels, CMC '.... ity Clerk of the City of Gilroy (Seal)