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Resolution 2015-59RESOLUTION NO. 2015-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on January 26th 2015, the City Council adopted Resolution No. 2015 -03 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, lots identified in Attachment A have not been abated, creating a public nuisance; and WHEREAS, the listed property owner has been noticed and directed to abate the nuisance and no response or abatement has been provided; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused the notice of the adoption of this resolution and hearing to be given to the affected property owner at their stated mailing address on the latest tax assessor's role, and also to be given in the manner and form provided in Sections 14.29 and 12.53 of the Gilroy City Code, and to cause said notice to be published twice in the City, the first publication at least ten (10) days prior to said hearing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment "A" hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized -I- Resolution No. 2015 -59 Contractor. Such abatement shall be performed before November 16, 2015. 2. The property owner shall have the right to destroy and /or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. If the properties are found with weeds after November 16, 2015 they shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and /or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council on November 16`x', 2015 and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. PASSED AND ADOPTED this 16`h day of November, 2015, by the following vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -2- APPROVED: / 441e'ol . ",ayor Resolution No. 2015 -59 ATTACHMENT A WEED ABATEMENT RESOLUTION NO. 2015 -59 SITUS ` APN OWNER __,,_ - - - -- MAILADDRESS MAIL CITY /STATE MAIL ZIP, 255 Gurries 790 -35 -04.1 Dieutsche Bank Nathl Tr Co Tr 1800 Tapo Canyon Rd Simi Valley CA 93063 295 Gurries 790 -35 -042 Dieutsche Bank Nathl Tr Co Tr 1800 Tapo Canyon Rd Simi Valley CA 93063 251 Gurries 790 -35 -043 Dieutsche Bank Nathl Tr Co Tr 1800 Tapo Canyon Rd Simi Valley CA 93063 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -59 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 16`h day of November, 2015 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 17"' day of'´┐Żlovember, 2015. City Clerk of the City of Gilroy (Seal)