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Ordinance 2010-15 1 ORDINANCE 2010-15 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 BUILDINGS AND THE IMPOSITION OF PENAL TIES TO DECEMBER 31,2010 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 in the process of obtaining the information necessary to develop said recommendations which will require additional time beyond the November 15,2009, deadline, and may require additional modifications to the Gilroy City Code Article VI; and WHEREAS, pursuant to Ordinance No. 2010-05, the remedies and penalties in Gilroy City Code Sections 6.49 and 6.52 were to take effect on July 1,2010. WHEREAS, the City Council now desires to extend the deadline to complete retrofitting compliance work under the Seismic Safety Ordinance and have the remedies and penalties in Gilroy City Code Sections 6.49 and 6.52 take effect on December 31, 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 The owner shall complete construction and obtain final inspection approval in accordance with the applicable retrofit standard December 31. 2010. or such date as set forth bv resolution of Ordinance No. 2010-15 2 the Citv Council. 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." 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)(1) shall not take effect until December 31.2010. or such date as set forth bv resolution of the Citv Council. 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 13th day of September, 2010, by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, TUCKER, WOODWARD and PINHEIRO NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO, GARTMAN APPROVED: ~r ATTEST: Ordinance No. 2010-15 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2010-15 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 13th day of September, 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 14th day of September, 2010. liawna Freels, City Clerk of the City of Gilroy (Seal)