CC Resolution No. 9979RESOLUTION NO. 9979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE
AT 10118 SANTA CLARA AVENUE
RECITALS:
(a) On September 2, 1997, the City Council of the City of Cupertino adopted
its Resolution No. 9947, a copy of which is attached hereto and made a part thereof by
reference;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on October 6, 1997, at 6:45 p.m., in the Council Chambers, in the
City Hall, located at 10300 Torre Avenue;
(c) The following members of the City Council were present: Bautista,
Burnett, Chang, Dean, Sorensen, and Bautista;
(d) The following members of the City's staff, among others, were present:
1. Director of Administrative Services Carol Atwood
2. City Clerk Kimberly Smith
3. Deputy City Attorney Eileen Murray
(e) The following interested persons were also present:
None.
(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:
Resolution No. 9979 Page 2
1. The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to abate, and Resolution
No. 9947 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977.
(b) The accumulation of debris/trash and other materials being stored
in the side yard on parcel 326~24-013 in the City of Cupertino, State of California,
constitutes a public nuisance, in that said storage constitutes a hazard to public health,
safety and general welfare, by reason of threatening the free use and enjoyment of
adjoining property.
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 of accumulation of debris/trash and other materials stored in the side yard at
10118 Santa Clara Avenue by October 20, 1997
(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 which may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6t~ day of October, 1997 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
City Clerk ~/'
APPROVED:
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