Ordinance No. 2023-01 | Repeal of Ordinance 99-13: Liens for Delinquent Garbage Fees | Adopted 01/09/2023
ORDINANCE NO. 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY REPEALING ORDINANCE NUMBER 99-13,
REMOVING THE USE OF LIENS TO COLLECT FOR
DELINQUENT GARBAGE FEES
WHEREAS, on September 7, 1999, the Gilroy City Council adopted Ordinance No.
99-13 regarding garbage and refuse collection and disposal, and procedures for the
collection of delinquent garbage and refuse customer billings as special assessment
liens; and
WHEREAS, the 1997 Franchise Agreement between the City of Gilroy and
Recology, then called South Valley Disposal and Recycling, Inc., instituted the process
for using liens to recover delinquent billings of customer accounts by placing the liens on
the property; and
WHEREAS, Recology South Valley and the City have entered into a new franchise
agreement effective December 1, 2022 (2022 Franchise Agreement); and
WHEREAS, the 2022 Franchise Agreement has changed the manner in which
delinquent garbage fees are collected, switching to a model of terminating service for
unpaid bills with terms contained in the 2022 Franchise Agreement; and
WHEREAS, the placement of liens for unpaid bills is no longer a practice under
the 2022 Franchise Agreement, nor mandatory service under the termination model, and
therefore the need for the lien process in the City Code is no longer needed or to be used;
and
WHEREAS, if the City Council decides to repeal Ordinance No. 99-13, Section
12.16 would revert to the original language of Ordinance 77-15, and Sections 12.23-2
through 12.23-12 would be removed from the City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
That the City Council hereby repeals Ordinance No. 99-13, regarding garbage and refuse
collection and disposal, and procedures for the collection of delinquent garbage and
refuse customer billings as special assessment liens.
Ordinance No. 2023-01
Repeal of Ordinance 99-13: Liens for Delinquent Garbage Fees
City Council Regular Meeting | January 9, 2023
Page 2 of 2
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 any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code
Section 36933.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 9th
day of January, 2023 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Jan 11, 2023 09:24 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-01 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 held on Council held Monday, January 9, 2023, 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 Monday, January 9, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)