Loading...
CC Resolution No. 6989 ---_.-...--_.._- RESOLUTION NO. 6989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE CONSISTING OF FIRE CODE VIOLATIONS AT FISHERMAN'S VILLAGE, AT 19930 STEVENS CREEK BOULEVARD RECITALS: (a) On September 15, 1986, the City Council of the City of Cupertino adopted its Resolution No. 6974, a copy of which is attached hereto and made a part hereof by reference; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with respect thereto on October 6, 1986, at 6:45 p.m. in the Council Chambers, in the City Hall, located at 10300 Torre Avenue: (c) All members of the City of Council Council were present; (d) The following members of the City's staff, among others, were present: 1. Barbara K. Brown, Assistant to the City Manager; 2. Betty Lapic, Code Enforcement Officer; 3. Dorothy Cornelius, City Clerk; 4. Charles T. Kilian, City Attorney; 5. Peggy M. Cocker, Deputy City Attorney, and (e) The Fire Protection present: following fire inspector of the Central District of Santa Clara County was 1. Inspector Tom Von Joo-Tornell. (f) The following interested persons were also present: 1 (g) 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 interested parties, as well as received into evidence exhibits and staff reports, relative to said matter. (h) and closing matter, and Following the presentation of all evidence remarks, the City council considered the resolved as follows: IT IS HEREBY RESOLVED by the City council of the City of Cupertino, State of California, 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. 6974 were duly and regularly posted and served as required by Cupertino Municipal Code Section 1.09.70. (b) The serious fire code violations present at Fisherman's Village 19930 Stevens Creek Boulevard in the City of Cupertino, State of California constitute a public nuisance in that they pose a threat to public health, safety, and general welfare by increasing the chances of fire and failing to provide adequate safety measures. 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: 1. Replace front exit light which is burned out. UFC 82 Sec. 25.113, UFC 82 Sec. 12.114C. 2. Post occupant capacity sign at front entrance (in bar), front dining area and rear dining area. UFC 82 Sec. 25.114(a) 3. Service and tag fire extinguishers. UFC 82 Sec. 25.111 2 4. Replace exit lights in room which are burned out. 25.113 rear dining UFC 82 Sec. 5. Equip rear exit door with panic hardware. UFC 82 Sec. 25.106(b2) 6. Remove deadbolt from rear exit door. 7. Move panic hardware on side exit to proper position on door. UBC 3304(D) 8. Restore covers to heater in wine room and refrain from storing combustibles within 36" of heating and/or electrical unit. 9. Provide 2AIOBC fire extinguisher in kitchen. UFC 82 Sec. 10.301.(A) (c) The property owner of the affected premises shall have the right to have the public nuisance, as declared, abated, provided the same is completed prior to the expiration of not to exceed seven (7) calendar days after date of adoption 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 extension of time which may be granted, the City Attorney shall seek to have the affected owner's license to sell alcoholic beverages or intoxicating liquors suspended or revoked by the Department of Alcoholic Beverages control pursuant to Business and Professions Code Section 24200. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of October 1986 by the following vote: vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Gatto, .Johnson, Plungy, Sparks, Rogers None None None APPROVED: ATTEST: /s/ Barbara A. ROQer~ Mayor, City of cupertino /ê/ Dorothy Cornelius City Clerk 3 I RESOLUTION NO. 6974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE TO BE ABATED AT FISHERMAN'S VILLAGE. AT 19930 STEVENS CREEK BOULEVARD The City Council of the City of Cupertino resolves as follows: WHEREAS. the Fisherman's Village is in violation of numerous provisions of the Uniform Fire Code which has been adopted as Chapter 16.40 of the Cupertino Municipal Code; and WHEREAS. the condition of thê premises is a hazard to health. safety and public welfare in that serious fire safety deficiencies are present; and WHEREAS. the property owners have failed to take any steps to remedy these fire code violations; ánd WHEREAS. as provided by Cupertino Municipal Code Section 1.09.080, the City Council shall hold a public hearing to determine whether or not said situation constitutes a public nuisance and. if said determination is made. the City Council shall require the abatement of said public nuisance by correction of said fire code deficiencies, and NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does. upon adoption of this Resolution, establish the date of October 6, 1986 6:45 p.m.. as the time and 10300 Torre Avenue as the place wherein public testimony will be taken relative to ;:;;-;;;:) o o Q . , . . f' the determination as to whether or not the above- described structure is a public nuisance and, if so determined, what type of abatement procedure will be necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of Sp.ntemhpr , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: . None ABSTAIN: None APPROVED: /s/ Barbara A. Rogers Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk 2