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Resolution 2013-32RESOLUTION NO. 2013-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, NAMING THE OWNERS THEREOF, AND CONFIMING THE COSTS OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE ON THE PROPERTY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE LAND WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, the City Council of the City of Gilroy did on January 7, 2013, adopt Resolution No. 2013 -01 designating certain weeds growing or existing in the City of Gilroy and refuse accumulating in the City to be a public nuisance and ordering the Chief of the Fire Department to give notice of the passage of said resolution by posting and publication in the same manner and for the same time as set forth in Section 12.48 of said code, and the Chief of the Fire Department did cause said notice to be so given; and WHEREAS, pursuant to Resolution No. 2013 -01, the property owners as stated on the latest tax assessor's role of the lots or parcels determined to have weeds growing or existing, and/or refuse accumulating were duly noticed that: (1) said weeds and refuse have been determined to constitute a public nuisance, (2) a public hearing would be held at which the City Council would hear and consider any and all objections to the proposed destruction or removal of said weeds or refuse, and (3) weeds and refuse not removed by the property owners will be removed by City authorities, in which case the cost 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 municipal taxes are collected; and WHEREAS, the City Council fixed March 18, 2013, at the hour of 6:00 o'clock p.m., in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time RESOLUTION NO. 2013-32 2 and place for the hearing provided for in Section 12.50 of said Code, and the notice given included a statement of the said time and place of hearing; and WHEREAS, the hearing was held on that date in accordance with the City Code and no objections were made to the proposed removal and destruction of the weeds and refuse, and the City Council thereafter adopted Resolution No. 2013 -07 requiring the Chief of the Fire Department to abate said nuisance by having the weeds destroyed and the refuse removed as provided in Section 12.51 of the Gilroy City Code; and WHEREAS, the Chief of the Fire Department has filed his report with the City Council, setting forth the actions taken in abating the nuisance, stating an account of the cost of the abatement and an assessment list and identification of each separate lot or parcel of land by description, together with the expense proposed to be assessed against each separate lot or parcel and the name of the owners or reputed owners ( "Owners ") thereof as shown on the exhibit; and WHEREAS, it appears that the Chief of the Fire Department has taken all actions required of him in abating said nuisance and removing said weeds and refuse and that the cost thereof as shown in said report is correct and should be confirmed; and WHEREAS, the City Clerk fixed July 15, 2013 at the hour of 6:00 o'clock p.m., in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing provided for in Section 12.53 of Gilroy City; and WHEREAS, the Owners were duly noticed of the hearing, at which the City Council would be presented with the report and assessment list for consideration and confirmation, the abatement costs proposed to be assessed upon the Owners and the right of all persons interested, having any objections to the report and assessment list, or to any matter or thing contained therein, to appear and be heard; and WHEREAS, the hearing was held in accordance with the Gilroy City Code. NOW THEREFORE, BE IT RESOLVED, that a certified copy of this resolution and of the report of the Chief of the Fire Department be turned over to the County Director of Finance, RESOLUTION NO. 2013-32 who constitutes the Assessor and Tax Collector for the City of Gilroy, and the amounts shown on said report as the cost of the removal of the weeds and refuse from each of the respective properties and certified as unpaid shall be and constitute a lien on the property for the amount of such assessment respectively, and the Assessor and Tax Collector add the amount thereof to the next regular bill for taxes levied against respective lots and parcels of land for municipal purposes. PASSED AND ADOPTED on this 156' day of July 2013, by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST4 Shawba Freels, CikCkik APPROVED: Donald Gage, Mayor RESOLUTION NO. 2013-32 APN Property Owner 783 -03 -074 KIM, KIMYUN 783 -21 -065 TED 0 SCHAAL C/O RICHARD KLEIN 783 -46 -037 KHUONG SOYA 783 -46 -038 TAN, SIOK -POH 783 -47 -003 ENTERPRISE REI 8 LLC EXHIBIT "A" Address 7311 WINDING LAKE CL OVIEDO 800 LINSEN RD APTOS 2335 WILDROSE CT GILROY P.O. BOX 487 LA CANADA 10440 S DE ANZA BL Unit STE D5A CUPERTINO 783 -64 -024 VARR, J ANTHONY VARR 224 W HILTON DR 783 -65 -010 EDWARDS, JOHN A 9350 BURCHELL RD 783 -65 -026 BALDWIN, ANDREW & KARI L 9100 GUNNERA LN 783 -70 -008 WANG, GUONENG AND WANG, HUI SUN 8479 GARY ST 783 -70 -012 BATTS, JOHN E & ROSA L 278 CHISWELL PL 783 -72 -038 BAGHERI, ROBERT H AND BAGHERI, FARZANEH A 6339 ALMADEN RD 783 -72 -052 WELLS FARGO BK WELLS FARGO BK 100 E WISCONSIN AV 790 -15 -056 REY, JANET KAY 790 -17 -002 9130 KERN AVE LLC C/O GARLOCK & CO 790 -17 -003 9130 KERN AVE LLC C/O GARLOCK & CO 790 -27 -023 HO, MAXWELL B TRUSTEE & ET AL 790 -36 -038 MONTANO, AL TRUSTEE & ET AL 799 -03 -054 7711 MONTEREY RD LLC 799 -03 -055 7711 MONTEREY RD LLC 799 -09 -038 ROFFINELLA, AURISTELA R TRUSTEE 799 -09 -050 LIANG, MARY 808 -26 -052 MORRISSEY CHARLES P 808 -37 -008 HARLAN NOEL HARLAN 808 -39 -066 PRESI BISH CHURCH CHRIST LATTR DAY SN,CORP 810 -20 -009 THOMAS, ELIZABETH THERESA TRUSTEE 810 -66 -012 VILLAGE GREEN CUSTOM HOME LLC, 835 -01 -003 MONTANO, AL 835 -05 -004 GUARDADO, JOSE RAUL 835 -05 -005 ZAKHIR, GEORGE M 841 -13 -021 UNION PACIFIC RAILROAD 841 -14 -011 WARDA, DAVID AND DONNA WARDA 841 -16 -029 GIMELLI, KENNETH 841 -70 -026 GARLIC CROSSING LLC 100 RONAN AV #A 1450 EL CAM INO RD 1450 EL CAMINO RD 10 ANGELA DR 15191 KARL AV 3750 B CHARTER PARK DR 3750 B CHARTER PARK DR 8265 WATSONVILLE RD 6310 BLACKBERRY CT 7698 BENASSI DR P.O. BOX 567 50 E NORTH TEMPLE FL 22 2710 LONE OAK CT 220 W 20TH AV 15191 KARL AV 2111 FLINTSIDE CT d 5318 WHITE LOTUS WAY 10031 FOOTHILLS BLVD 1525 EDMUNDSON CT P.O. BOX 1630 1670 HILLSDALE AVE STE A BOULDER CREEK, GILROY GILROY, GILROY LAKE MARY, SAN JOSE MILWAUKEE GILROY MENLO PARK MENLO PARK LOS ALTOS MONTE SERENO SAN JOSE SAN JOSE GILROY GILROY GILROY APTOS SALT LAKE CITY GILROY SAN MATIN MONTE SERENO SAN JOSE ELKG ROVE ROSEVILLE MORGAN HILL, HOLLISTER SAN JOSE, 32765 95003 95020 -0000 91012 95014 95006 95020 -0000 95020 -0000 95020 -4029 32746 95120 -2809 53202 95020 94025 94025 94022 -3002 95030 -2229 95136 95136 95020 -9427 95020 -0000 95020 -4778 95001 84150 -3620 95020 -9460 94403 95030 -2229 95148 -1331 95757 -4353 95747 95037 -9717 95024 95124 Amount $41.00 $41.00 $291.00 $250.00 $3,223.25 $794.00 $981.50 $644.00 $919.00 $1,544.00 $ 250.00 $41.00 $41.00 $1,187.00 $803.00 $41.00 $250.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $250.00 $41.00 $250.00 $291.00 $773.00 $41.00 $773.00 EXHIBIT "A" 841 -70 -049 REGIONAL PROPERTIES, REGIONAL PROPERTIESINC 770 N WATER ST 841 -72 -001 KERBY, RANDAL RAND YBARRA, LAURA V 19910 SUNSET DR 841 -75 -012 GARLIC FARM RAMADA LLC 2596 BAY RD 841 -79 -009 OBATA WAY LLC 365 OBATA CT Total MILWAUKEE 53202 LOS GATOS 95030 -2933 REDWOOD CITY, 94063 G I LROY 95020 -0000 $1,571.00 $250.00 $773.00 $250.00 $16,973.75 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -32 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 15'h day of July, 2013, 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 16th day of July, 2013. Clerk of the City of Gilroy (Seal)