Earlier editions: 2026-09
Chapter 5B — Blighted Property
Gilroy Municipal Code Art. III Abatement of Property Blight
Gilroy Municipal Code · 2026-10 edition · updated 2026-10-04 · Gilroy
Cite as: Gilroy Municipal Code Article III · Text as of 2026-10-04
§ 5B.20. Resolution declaring nuisance; publication of notice of resolution.¶
Whenever any property is determined by the city administrator to be blighted and it is further determined that the condition is not imminently dangerous to life, limb, health, or safety, the city council shall pass a resolution declaring the same to be a public nuisance and ordering the city administrator to give notice of the passage of such and stating therein that, unless such nuisance be abated without delay by the destruction or removal of such blighted condition, the work of abating such nuisance shall be done by the city authorities and the expense thereof assessed upon the lots and lands from which the blighted condition shall have been destroyed or removed. The city administrator shall provide notice of such resolution by certified mail with return receipt requested addressed to the owner of the property at the address shown on the last available equalized assessment roll for the property, or as otherwise known, and by posting notice at or upon each entrance or exit of the property. The city clerk shall thereupon fix the time and place for hearing any objections to the proposed destruction or removal of such blighted property.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.21. Form of notice to destroy or remove property blight.¶
The notice shall be substantially in the following form:
| NOTICE TO DESTROY OR REMOVE PROPERTY BLIGHT |
|---|
| NOTICE IS HEREBY GIVEN that on __________ pursuant to the provisions of __________ of the Gilroy City Code, the Gilroy City Council passed a resolution declaring that property located at __________ is blighted property, as the same is defined in Part I, Sec. 5B.2 of this Ordinance, constitutes a public nuisance, and that such nuisance must be abated. |
| NOTICE IS FURTHER GIVEN that the property owners of this property shall without delay destroy or remove the property blight, or such property blight shall be abated by the city authorities, in which case the costs of such abatement will be assessed upon the lots and lands from which blighted property shall 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. All persons having any comment on the proposed destruction or removal of such property blight are hereby notified to attend a meeting of the Council of said City of Gilroy to be held in the Council Chambers in the City Hall, 7351 Rosanna Street, City of Gilroy, on __________, at __________ p.m., when and where their comments will be heard and be given due consideration. |
| DATED: This __________ day of , 20. |
| ____________________ City Administrator |
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.22. Hearing on notice to destroy or remove property blight.¶
At the time stated in the notice, the council shall hear and consider any and all comments to the proposed destruction or removal of such property blight and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any and all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of such property blight.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.23. Abatement by city administrator upon order of council; prior abatement by…¶
The council shall by resolution order the city administrator to abate such nuisance, or cause the same to be abated as may be determined by the city council; and the city administrator, city employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to abate such nuisance or have the same destroyed or removed at his own expense; provided that such nuisance shall have been completely abated prior to the arrival of the city administrator or his authorized representatives to abate the nuisance.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.24. Accounting and reporting cost of abatement by city administrator.¶
The city administrator shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.25. Assessment of abatement costs – Notice of hearing.¶
The city clerk shall post copies of such report and assessment on the bulletin board in the council chambers at the City Hall in the city; on the bulletin board in the lobby of the city clerk’s office located at the City Hall in the city; and on the bulletin board near the entrance door of each fire station in the city, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:
| NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR PROPERTY BLIGHT ABATEMENT |
|---|
| NOTICE IS HEREBY GIVEN that on __________ the City Administrator of the City of Gilroy filed with the City Clerk of said City a report and assessment on the costs of abatement of blighted property within said City, copies of which are posted on the bulletin board in the Council Chambers at the City Hall located at __________ Gilroy, California; on the bulletin board in the lobby of the City Clerk’s Office located in the City Hall, Gilroy, California; and on the bulletin board near the entrance door of each fire station in Gilroy, California. |
| NOTICE IS FURTHER GIVEN that on __________ at the hour of __________ p.m., in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration and confirmation. The confirmed costs of abating such nuisance referred to in such report shall constitute special assessments against such respective lots or parcels of land and shall constitute a lien on such property for the amount of such assessment until paid. Any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard. |
| DATED: , 20. |
| ____________________ City Clerk, City of Gilroy |
In addition to the posting and publication of such notice described above, the report and assessment list, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein, shall be served on the property owner at least ten (10) days before the hearing by any of the following methods:
(1) By personal service on the owner of such property; or
(2) By sending a copy of such notice by registered or certified mail return receipt requested, addressed to the owner of the property at the address shown on the last available equalized assessment roll for the property, or as otherwise known, and by posting notice at or upon each entrance or exit of the property.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.26. Same – Hearing and confirmation.¶
At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance; and the city administrator shall attend such meeting with his record hereof; and upon such hearing, the council may make such modifications in the proposed assessment there for as it may deem necessary, after which such report and assessment all be confirmed by resolution.
The amount of the cost of abating such nuisance referred to in such report shall constitute special assessments against such respective lots or parcels of land and after thus made and confirmed shall constitute a lien on such property for the amount of such assessment until paid.
(Ord. No. 96-18, § I, 10-7-1996)
§ 5B.27. Same – Collection.¶
The director of administrative services shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same penalties and interest and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.
The property owner has the option, if he so desires, of paying the assessment directly to the collector’s office before such entry on such assessment roll.
(Ord. No. 96-18, § I, 10-7-1996)
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