Gilroy Municipal Code Art. II Summary Abatement Actions

(a) Any condition of property blight which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public may be summarily abated by the city administrator.

(b) Actions taken to abate imminently dangerous conditions may include, but are not limited to repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city administrator to be necessary.

(Ord. No. 96-18, § I, 10-7-1996)

Whenever the city administrator reasonably believes property to be blighted and imminently dangerous to life, limb, health, or safety, the city administrator shall declare the same to be a public nuisance and give notice to the owners by posting a notice on the property stating therein that unless a written objection is filed with the city clerk or such dangerous condition be abated within twenty-four (24) hours by the destruction or removal of such blighted condition, the work of abating such imminently dangerous condition shall be done by the city and the expense thereof assessed upon the lots and lands from which the blighted condition shall have been destroyed or removed. If the dangerous condition persists and there is no written objection timely filed with the city clerk within twenty-four (24) hours, the city administrator, city employees, contracting agents or other representatives are expressly authorized to enter upon private property to abate the dangerous condition. Costs for any summary abatement performed by or on behalf of the city shall be accounted and reported to the city council by the city administrator, assessed after public hearing, and collected pursuant to the provisions of Article III.

(Ord. No. 96-18, § I, 10-7-1996)

The posted notice shall be substantially in the following form:

(Ord. No. 96-18, § I, 10-7-1996)

If there exists on a blighted property any condition reasonably believed to be imminently dangerous to life, limb, health, or safety should such property be occupied or used, the city administrator may order the immediate restriction from use or occupancy of the blighted property in addition to requiring other abatement actions to be taken.

(Ord. No. 96-18, § I, 10-7-1996)

For the purpose of this chapter, an order to “restrict from use or occupancy” includes either total or partial restriction from use or occupancy of either all or some specified portion of a building, structure or property. The methods which may be used for such restriction from use or occupancy include, but are not limited to, the construction, erection, installation and maintenance of such fencing, enclosures, barricades and/or other protective devices, used for the purpose of closing, barring, boarding, locking and/or otherwise securing all means of access to a property, building or structure as will effectively prevent entry into the building or structure or onto the property by unauthorized persons and effectively prevent any use or occupancy thereof.

(Ord. No. 96-18, § I, 10-7-1996)

Whenever any property, building, or structure is ordered restricted from use or occupancy, the following notice shall be posted. Said notice may be posted at or upon each entrance or exit of the property, building or structure in substantially the following form:

(Ord. No. 96-18, § I, 10-7-1996)

Whenever any property, building, or structure is ordered restricted from use or occupancy and the property is duly posted, no person shall remain in or on or enter the property, building or structure, except that entry may be made to perform abatement actions under permit. Whenever such abatement actions require any permits, such required permits shall be obtained prior to the commencement of any such abatement actions. No person shall remove or deface any such notice after it is posted until the required abatement actions have been completed and inspected and approved by the city.

(Ord. No. 96-18, § I, 10-7-1996)