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Resolution 2010-04 RESOLUTION NO. 2010-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY ADMINISTRATOR TO ABATE OR CAUSE TO BE ABATED THE BLIGHT CONDITIONS WHICH CONSTITUTE A PUBLIC NUISANCE SPECIFIED BY RESOLUTION NO. 2010-03 WHEREAS, a duly noticed meeting was held on January 11, 2010 before the City Council of the City of Gilroy to determine whether certain conditions on the property located at 1221 Cypress Ct, Gilroy (lithe Property") constitutes property blight and a public nuisance pursuant to Gilroy City Code Section 5C.3; and WHEREAS, competent evidence has been presented to the City Council, including a Code Enforcement Staff Report, Dated January 11, 2010, oral testimony and photographs, demonstrating that certain conditions on the Property constitutes property blight and a public nuisance pursuant to Gilroy City Code Section 5C. 7 and 12.20; and WHEREAS, the owner and occupier of the Property, Deloris Blake, has been given proper and sufficient notice that the condition of the Property violates numerous regulations set forth in the Gilroy City Code; and WHEREAS, the City Council of the City of Gilroy on January 11, 2010 approved Resolution No. 2010-03 declaring that the accumulation of garbage, refuse and debris at the property located at 1221 Cypress Ct, Gilroy does now constitute, and will continue to constitute, a public nuisance; and WHEREAS, the owner and occupier of the Property, Deloris Blake, has been given proper and sufficient notice and opportunity to place objections to the proposed removal or abatement of the property blight and/or public nuisance by city authorities pursuant to Gilroy City Code Section 5B.20, 5B.21 and 5B.22.; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: RESOLUTION NO. 2010-04 1. The City Council declares the Property a public nuisance and orders the city administrator to abate such nuisance or cause the same to be abated pursuant to Gilroy City Code Section 5B.23. 2. The city administrator, city employees, contracting agents or other representatives are hereby expressly authorized to enter upon the Property for the purposes of removing the accumulation of garbage, refuse and debris and abating the nuisance. 3. The property owner shall have the right to abate such nuisance or have the same destroyed or removed at his/her own expense; provided that such nuisance shall have been completely abated prior to the arrival of the city administrator or his authorized representatives to abate the nuisance. 4. The owner of the Property contributing to the above-referenced conditions shall be responsible for all costs involved in the abatement and clean-up of this nuisance. In the event that the owner fails to reimburse the City for its expenses, the city shall have the right to place a lien against the Property to recover the costs of the abatement proceedings and clean-up and may collect any unpaid amount by use of any and all available legal means. PASSED AND ADOPTED this 25th day of January, 2010, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~. bert Pinheiro, Mayor RESOLUTION NO. 2010-04 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-04 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 25th day of January, 2010, 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 February, 2010. awna Freels, C City Clerk of the City of Gilroy (Seal)