CC Resolution No. 06-144
RESOLUTION NO. 06-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10200 STERN AVENUE
(APN 375-12-002), PATRICK W. MCGRATH PROPERTY OWNER
RECITALS:
(a) On July 18, 2006, the City Council of the City of Cupertino adopted its
Resolution No. 06-133 (attached) declaring a public nuisance at 10200 Stem Avenue
because of overgrown weeds, Scrap Material (old carpet) and trash in view of the public
right of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on July 18, 2006, at 6:45 p.m., in the Council Chamber, in the Community Hall,
located at 10350 Torre Avenue;
(c) The following members of the City Council were present: Lowenthal,
Wang, K wok, Mahoney;
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Director of Administrative Services Carol Atwood, City
Clerk Kimberly Smith, and City Attorney Charles Kilian;
(e) The following interested persons were also present: None 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 ofthe hearing to abate, and Resolution
No. 06-133 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 scrap material (old carpet) and trash in view of
the public right of way on parcel 375-12-002 located at 10200 Stem Avenue 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
Resolution No. 06-144
Page 2
the free use and enjoyment of adjoining property and a possible sight obstruction for
vehicular traffic.
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, scrap material (old
carpet) and trash in view of the public right of way at 10200 Stem
Avenue by August 22, 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 Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
( e) The property owner shall continue to 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 15th day
of August 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, K wok, Sandoval
None
Mahoney
None
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City Clerk
APPROVED:
~~~U-
Mayor, City 0 Cupertmo
ATTEST: