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Ordinance 2010-05 ORDINANCE 2010-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE ARTICLE VI ENTITLED "SEISMIC SAFETY" SECTION 6.45, EXTENDING THE DEADLINE TO COMPLETE MITIGATION PROGRAM FOR UNREINFORCED MASONRY BmLDINGS AND THE IMPOSITION OF PENALTIES TO JULY 1,2010. WHEREAS, on October 16, 2006, the City Council adopted Ordinance No. 2006-16, which added a new Article VI entitled "Seismic Safety" to the Gilroy City Code effective on November 15,2006, and set forth a deadline of three (3) years or until November 15,2009, for completion ofretroffing ofUnreinforced Masonry ("URM") buildings; and WHEREAS, the current economic conditions has made URM retroffiting compliance difficult and/or unattainable by property owners within the timeframe established by Gilroy City Code Section 6.45; and WHEREAS, the City Council directed staff to form a URM Task Force to obtain from URM property owners information regarding the unique challenges and obstacles that have made compliance difficult and/or unattainable, and to develop a recommended approach to the URM retrofit requirements; and WHEREAS, the URM Task Force is still in the process of obtaining the information necessary to develop said recommendations which will require additional time beyond the April 2, 2010 deadline, and may require additional modifications to the Gilroy City Code Article VI; and WHEREAS, the remedies and penalties in Gilroy City Code Sections 6.49 and 6.52 will not take effect on April 2, 2010, but will be effective on July 1,2010. NOW THEREFORE, the City Council of the City of Gilroy does ordain as follows: SECTION I Section 6.45( e)(1) of Article VI of the Gilroy City Code is amended to read as follows: "(e) Deadline to Complete Work (1) The owner shall complete construction and obtain final inspection approval in accordance with the applicable retrofit standard by July 1, 2010 by .'\pril 1, ~. Failure to comply with the program within the specified time frame shall be a violation of this Article and subject the owner to the penalties and remedies described in Sections 6.49 and 6.52." Ordinance No. 2010-05 SECTION II This Ordinance shall apply retroactively to November 16, 2009, so that that the penalties and remedies described in Gilroy City Code Sections 6.49 and 6.52 for violation of Section 6.45(e)(I) shall not take effect until July 1,2010 .'\pri12, 2010. SECTION III If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 1 st day of March, 2010 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER, WOODWARD and PINHEIRO GARTMAN NOES: COUCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: o I' ./ ~ //- /'/' . ert P~ITo,:~ / Ordinance No. 2010-05 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2010-05 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1 st day of March, 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 March, 2010. Shawna Freels, CM City Clerk of the City of Gilroy (Seal)