HomeMy WebLinkAboutResolution No. 2024-38 | Weed Abatement
RESOLUTION NO. 2024-38
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 THE COST 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 February 5, 2024 adopt Resolution No. 2024-06 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 i n 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. 2024-06, the property owners as stated on the
latest tax assessor's roll 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 April 15, 2024, at the hour of 6:00 o'clock p.m.,
or as soon as thereafter , in the Council Chambers in the City Hall at 7351 Rosanna Street,
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in the City of Gilroy , as the time 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 2024-19 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 attached hereto as
Exhibit “A” and incorporated herein by this reference; 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 August 5, 2024 at the hour of 6:00 o'clock p.m., or
as soon thereafter as the item can be heard, 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
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WHEREAS, this 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, 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 5th day of August 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES,
HILTON, CLIINE, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
ATTEST: Marie Blankley, Mayor
Beth Minor, Interim City Clerk
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CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2024-38 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 Monday, August 5, 2024, with a
quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this Tuesday, August 6, 2024.
___________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
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