Ordinance 1976-05ORDINANCE NO, 76- 5
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION
20.6 AND AMENDING SECTION 20,11 OF THE GILROY CITY CODE
SO AS TO REQUIRE A BOND FOR EXCAVATION OR CONSTRUCTION
ON PRIVATE PROPERTYWI{ICH COULD CAUSE DAMAGE TO PUBLIC
FACILITIES, AND TO PROVIDE FOR REPAIR OF SUCH DAMAGE,
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I. Section 20,6 of the Gilroy City Code is enacted to
read as follows:
~ec. 20.6. Damage tO. public facilities from excavation
or construction on private
I-fabi'iitY; bond.
All persons shall be liable for any damage caused by them
to public facilities.
Whenever any person not otherwise responsible to the
city for damage applies for a building permit for
substantial excavation, dirt removal, concrete place-
ment, or other construction work on private property
which could cause damage to public facilities including,
but not limited to, streets, alleys, curbs, gutters, side-
walks, electrolters, street trees, sewers, or water and
drainage facilities, the person applying therefor shall
accompany such application with a good and sufficient bond
payable to the city in a penal sum to be determined by the
Director of Public Works from the scope of the proposed
work, but in any event, no less than five hundred ($500.00)
dollars, conditioned that such person shall, within a
reasonable time after the work is completed, put any
damaged public facilities in as good repair and condition
as they were prior to commencement of the Work.
The Director of Public Works shall give any person causing
damage a written notice of damaged public facilities to
be repaired or replaced and the reasonable time within
which such repairs are to be completed, whether or not a
bond has been posted, and if such person fails or neglects
to make the repairs within the time and as specified in
the notice, proceedings may be taken under section 20.11.
SECTION II. Section 20.11 of the Gilroy City Code is amended
to read as follows:
Sec. 20.11. Same--Failure to repair.
If a person fails or neglects to make repairs after receiving
the notice provided in the preceding section, then the Director
of Public Works shall cause such repairs to be made, keeping
an account of all expense incurred therefor, and certify the
same to the city council, which shall immediately commence
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ORDINANCE NO. 76-5
proper proceedings to collect from the person or company
so failing to put such street, alley, sidewalk, or public
place in proper condition and repair, or from the sureties
upon the undertaking, all costs or charges which the city
shall have been put to, In any suit brought under the
provisions of this section, there shall be taxed as costs
a reasonable attorney's fee, to be fixed by the court and
included as part of the judgment.
SECTION III. All other ordinances and parts of ordinances in
conflict herewith are hereby repealed.
SECTION IV. This ordinance shall take effect and be in full
force thirty (30) days from and after its adoption and approval,
PASSED AND ADOPTED this 1st day of March , 1976, by
the following vote:
AYES:
COUNCILMEMBERS:
CHILDERS, DeBELL, LINK, PATE and
GOODRICH
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: DUFFIN and STOUT
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ORDINANCE NO. 76- 5
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 76-5 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 1st day of March , 19 76 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officiFI seal of the Ci.ty of Gilroy, this 4th
/,~Cit-~ ' k 0 ~he City o~ Gilr°y- '-~
(Seal)
day of March , ,
19 76.,.