Resolution No. 2021-15 | Weed Abatement | Adopted 05/17/2021RESOLUTION NO. 2021-15
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 25,
2021, the City Council adopted Resolution No. 2021-02 declaring that weeds growing and refuse
accumulating in the City of Gilroy constitute public nuisances; and
WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of
the adoption of Resolution No. 2021-02 and notice of a public hearing on the proposed order to
abate said nuisances to be given to all of the affected property owners at their stated mailing
addresses on the latest tax assessor's role, and has also caused notice to be given by posting and
publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy
City Code; and
WHEREAS, said public hearing was duly held on May 17, 2021, pursuant to said
resolution in the time and manner required by law, and any objections raised to the proposed
destruction or removal of said weeds and refuse were duly considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
1. 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
Contractor. Such abatement shall be performed before May 15, 2021.
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RESOLUTION NO. 2021-15
2. That any 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. Any property found with weeds after May 15, 2021 shall be
subject to the costs of further inspection and /or abatement by the City or the County and its
authorized contractor. Sites found after such date that constitute a fire hazard shall also be
subject to administrative citation.
3. 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 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 17th day of May 2021, by the following roll call vote:
AT
AYES: COUNCILMEMBERS:
ARMENDARIZ, BRACCO, HILTON,
LEROE-MUNOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
McPhilli .:l! m City Clerk
Marie Blankley, Mayor
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RESOLUTION NO. 2021-15
I, LeeAnn McPhillips, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2021-15 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 held
on Council held on the 17th day May, 2021, 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 20th day of May, 2021.
eAnn McPhil ips
Interim City Clerk oCity of Gilroy
(Seal)