Resolution 2008-23
RESOLUTION NO. 2008-23
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 ofthe Gilroy City Code, on March 17,
2008, the City Council adopted Resolution No. 2008-08, 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. 2008-08 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 2, 2008 and June 16, 2008,
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 and/or removed by cutting, discing, chemical spraying or
any other method as may be determined by the Chief of the Fire Department.
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Resolution No. 2008-23
2. That any property owner shall have the right to destroy and/or remove weeds
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 of the Fire Department shall keep an account of the costs of
destroying and/or 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 16th day of June, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
/
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052308-04706083
Resolution No. 2008-23
ATTACHMENT A
[INCLUDE OWNER'S NAME, LOCATION (TO INCLUDE AT LEAST THE STREET
AND IDENTIFIABLE LOCATION), APN AND ABATEMENT COST]
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057308-04706083
Resolution No. 2008-23
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I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 2008-23 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 16th day of June, 2008, 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, 2008.
(Seal)