CC Resolution No. 06-073
2006
NOT
ADOPTED
06-073
RESOLUTION NO. 06-073 (NOT ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10630 CARVER DRIVE
(APN 375-32-020), PATRICK W. MCGRATH PROPERTY OWNER
RECITALS:
(a) On April 4, 2006, the City Council of the City of Cupertino adopted its
Resolution No. 06-060 (attached) declaring a public nuisance at 10630 Carver Drive due
to overgrown weeds on the parcel and numerous pieces of old carpet in view ofthe public
right of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
on April 18, 2006, at 6:45 p.m., in the Council Chambers located at 10350 Torre Avenue;
(c) The following members of the City Council were present: Lowenthal,
Wang, Kwok, Mahoney, Sandoval;
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Deputy City Clerk Grace Schmidt, City Attorney Charles
Kilian, and Code Enforcement Officer Alex Wykoff;
(e) The following interested persons were also present:
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath from owners,
witnesses and parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
1. The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to abate, and Resolution
No. 06-060 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
(b) Overgrown weeds on the parcel and numerous pieces of old carpet
in view of the public right of way on parcel 375-32-020 located at 10630 Carver Drive in
the City of Cupertino, State of California, constitutes a public nuisance, in that said
obstruction constitutes a hazard to public health, safety and general welfare, by reason of
threatening the free use and enjoyment of neighboring properties.
Resolution No. 06-073
Page 2
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
. Removal and disposal of overgrown weeds and numerous pieces of
old carpet in view of the public right of way at 10630 Carver Drive
by May 2, 2006.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time that may be granted, the Office of the City Attorney shall, by City
forces or private contract, cause the same to be abated.
(e) The property owner shall maintain the property in such a way as to
avoid a recurring public nuisance.
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day
of April 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino