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CC Resolution No. 06-132 RESOLUTION NO. 06-132 A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE AT 10593 JOHANSEN DRIVE, APN 375 37 053, BATHTUB AND DELAPIDATED PERIMETER WOODEN FENCE ON THE PARCEL IN VIEW OF THE PUBLIC RIGHT OF WAY JAMES L. BURTZLAFF PROPERTY OWNER WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a nuisance as anything which is declared by the City Council to be or likely to become injurious to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; and WHEREAS, there exists bathtub and dilapidated wooden fence in view of the public right of way on parcel 375 37053; and WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a public hearing to determine whether or not said conditions constitute a public nuisance and, if said determination is made, the City Council shall require abatement of said public nuisance by immediate repair of the wooden fence and removal of the bathtub in view of the public right of way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does, upon adoption of this resolution, establish the date of August 15, 2006, 6:45 p.m., (or as soon as the matter can be heard) as the time and 10350 Torre Avenue, Cupertino, California as the place wherein public testimony will be taken relative to the determination as to whether or not a public nuisance exists and if so determined, what type of abatement is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July 2006 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Wang, K wok, Mahoney None Sandoval None Ci~ jnUlL APPROVED: <VJ/\~~ Mayor, City of Cupertino ATTEST: