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Ordinance 754 =~,,,<,,,",,,"'.'_'il,;l"":"':\;l~_+~~;.-_,,,,,,,,,,,,,,,,,,,,,,;,,.,,,,,,,,,,.-....~-,~~~~,,,,,,,,,,,,t~~",,"~ ORDINANCE NO. 7..21r.. AN ORDINANCE PROVIDING FOR THE ABATEMENT OF WEEDS AND REFUSE" INCLUDING GARDEN REFUSE, IN THE CI':C-~ OF GILROY.t AND REPEALING ARTICLE III I CHAPTER! /'2, OF THE CODE OF THE CITY OF GILROY THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: Public Nuisance. No owner, agent, lessee, or occupant, or other person having charge or control of any building, lot, or premises within the City of Gilroy shall permit weeds and/or refuse to remain or accumulate upon said premises or upon public sidewalks or streets, or alleys between said premises and the center line of any public street or alley. "Weeds", as used in this ordinance, means all weeds growing upon streets, alleys, sidewalks or private property in the City and includes any of the following: a. Weeds which bear or may bear seeds of a downy or wingy nature. b. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property. c. Weeds which are otherwise noxious or dangerous. d. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. "Refuse", as used in this ordinance, means such as is mentioned and defined in Sec. 12.1 of the Gilroy City Code, the accumulation of which in violation of the provisions of Division 3 of Article I of Chapter 12 of this Code is therein declared to be unlawful, as well as "Garden Refuse" as the same is mentioned and defined in Sec. 12.24 of this Code, the accumulation or placing of which in violation of Article II of Chapter 12 of this Code is therein declared to be unlawful. Every property owner shall destroy or remove such weeds, and remove or cause to be removed such refuse from his property and from the abutting half of any street or alley between the lot lines as extended. (1) II ~5t/ Section 2: Resolution Declaring Nuisance. Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, or refuse shall accumulate upon any part of such areas, the City Council shall pass a resolution declaring the same to be a public nuisance, and order the Chief of the Fire Department to give notice of the passage of such resolution by posting and publication in the same manner and for the time as set forth in Section 7 of this ordinance, and stating therein that I unless such nuisance be abated without delay by the destruction or removal of such weeds and refuse1 the work of abating such nui- sance will be done by the city authorities, and the expense tha reof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds and refuse shall have been destroyed or removed. Such resolution shall fix the time and place for hear- ing any objections to the proposed destruction or removal of such weeds and refuse. Section 3: Form of Notice. The notice shall be substantially in the following form: II NOT ICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOT ICE IS HEREBY GIVEN that on pursuant to the provisions of Section 2 of Ordinance No.___ of the City of Gilroy, the City Council of said City passed a resolution declaring that all weeds and/or refuse, as the same are defined in Section 1 of this ordinance, growing or accumulating upon any private property or in any public street or alley, constitute or constitutes a public nuisance, and that such nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall1 without delay, remove or cause to be removed all such weeds and refuse from their property, and from the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the City authorities, in which case the costs of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds and accumulation of refuse, have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general munici- pal taxes are collected. All property owners having any (2) objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meet- Dg of the Council of said city of Gilroy to be held in the Council Chambers in the City Hall, Number 10 South Rosanna street, City of Gilroy, on , at o.clock p.m., when and where their objections will be heard and be given due consideration. DATED: This ____ day of , 19_. Chief of Fire Department City of Gilroy" Section 4: Hearinq. At the time stated in the Notice, the Council shall hear and consider any and all QJjections to the proposed destruction or removal of such weeds and/or refuse, and may continue the hearing from time to time. The Council by motion or resolution shall allow or overrule any and all objections, if any, after which the Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of said weeds and refuse. Section 5: Order to Abate Nuisance. The Council shall by resolu- tion order the Chief of the Fire Department to abate such nuisance, or cause the same to be abated, by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined by the City Council and said refuse to be removed and the Chief of the Fire Department and his deputies, assistants, employees, contracting agents or other representatives, are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right tornstroy or remove such weeds and remove said refuse himself, or have the same destroyed or removed at his own expense, provided that such weeds and/or refuse shall have been removed prior to the arrival of the Chief of the Fire Department or his authorized representatives to remove them. Section 6: Account and Report of Cost. The Chief of the Fire Department shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City (3) Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. Section 7: Notice of Report. The City Clerk shall post copies of such report and assessment on the bulletin board in the Council Chambers at the city Hall located at No. 10 South Rosanna Street, Gilroy, Californiai on the bulletin board in the lobby of the City Clerk's ~e located at No. 10 South Rosanna Street, Gilroy, California; and on the bulletin board near the entrance door of the Fire Depart- ment Headquarters located at 55 Fifth Street, Gilroy, California, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated wfthin the City. The posting and first publication of said notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the City Council. Such notice, as so posted and published shall be substantially in the following form: "NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND REFUSE ABATEMENT NOTICE IS HEREBY GIVEN that on the Chief of the Fire Department of the City of Gilroy filed with the City Clerk of said City a report and assessment on abatement of weeds and refuse within said City, copies of which are posted on the bulletin board in the Council Cham- bers at the City Hall located at No. 10 South Rosanna street, Gilroy, Califor~~~ the bulletin board in the lobby of the City ~'s^roca~ed at No. 10 South Rosanna Street, Gilroy, Californiai and on the bulletin board near the entrance door of the Fire Department Headquarters located at 55 Fifth Street, Gilroy, California. NOTICE IS FURTHER GIVEN that on at the hour of o'clock p.m., in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration (4) and confirmation, and that 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. DATED: This ____ day of , 19_ City Clerk, City of Gilroy" Section 8: Hearinq and Confirmation. At the time and place fixed fur receiving and considering such report, the City Council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed far the work of abating such nuisance, and said Chief of Fire Department shall attend such meeting with his record thereof, and upon such hearing, the Council may make such modifications in the proposed assessment therefor as it may deem necessary, after which such report and assessment list shall be con- firmed by resolution. The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment, until paid. Section 9~ Collection. The Director of Finance shall cause the amount of the assessment to be entered on the City assessment roll opposite the description of the particular property and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment. (5 ) . . The property owner has the option, if he so desires of paying the assessment directly to the Collector's office before said entry on said assessment roll. Section 10: Revocation. Article III of Chapter 12 of the Gilroy City Code is hereby repealed. Section 11: Remedy. The remedy provided for in this ordinance to secure the removal and/or destruction of weeds and refuse is hereby declared to be additional or alternative to any other remedy provided in said Code or by law and this ordinance shall not consti- tute a repeal of any other provision in said code, except as expressly herein stated. Section 12: Constitutionality. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby expressly declares that it would have passed and adopted this ordinance and each section, sub- section, sentence, clause and phrase hereof irrespective of the fact that anyone or more of said sections, subsections, sentences, clauses or phrases hereof be held unconstitutional. Section 13: Effective Date. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. This ordinance was introduced and ordered published by title and summary at a regular meeting of the Council held on the 7th day of September, 1965, passed and adopted this 20th day of September, 1965, by the following vote: (6) AYES: NOES: ABSENT: ATTEST: /', ',~~).,i2i(J(Ut1v0/ City Clerk COUNCI~mMBERS Allemand, Eckard, Goodrich, Quartiroli, Wentworth and Petersen. com~CILMErf1BER3 None. COillJCIUMEMBERS Duffin. APPROVED: ./" " ~,..~~.~'_'or;;' '" .~..~~'~~ ..,..,~ f", " ~, ',. ,".,/ J/~~""~ ~ ...-' ,i..~"'/'.. '"'' , '_....0 ;'7':"~'," oJ .. ~ .... ...... "'" . ~..... '."/ ') J' / (~--~ 'J f./~ / d.1/)'u.) () (7) Mayor . , ~ , ;~~, I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 754 Is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of September , 19 65 , at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished In accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 21st day of Se-ptember City Clerk of