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)