12 nuisance abate 10200 Stern
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408) 777-3 I 82
Fax: (408) 777-3 I 74
CITY OF
CUPEI\1INO
CODE ENFORCEMENT DIVISION
SUMMARY
AGENDA ITEM NO. f J-
MEETING DATE: October 17. 2006
SUBJECT
Nuisance Abatement at 10200 Stern Ave. Recovery of Costs
BACKGROUND
Based on the City Council's findings August 15,2006, Resolution No. 06-133 was adopted declaring the
stored trash and debris on the property a public nuisance. Staff was ordered to hire a contractor and
abate said nuisance. On September 6, 2006 abatement warrant was obtained and the contractor was
called to abate the nuisance. On September 8, 2006 myself and Officer Nguyen responded to Patrick
McGrath's last known address in Sunnyvale to serve the abatement warrant and Mr. McGrath was not at
home. I mailed a copy of the warrant to the property owner certified and regular mail advising him the
contractor will be entering his property under the direction of the warrant to cleanup his property. On
September 8, 2006 the contractor and statT entered his property, and all debris and trash was removed.
RECOMMENDATION:
It is staff recommendation that all costs associated with this proceeding be assessed to the property
ovmer via a lien. A cost breakdown is attached.
Submitted by:
Approved for submission:
~
David W. Knapp
City Manager
Printed on Recycled F'aper
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DRAFT
RESOLUTION NO. 06-173
A RESOLUTION OF THE CUPERTINO CITY
COUNCIL ORDERING A SPECIAL ASSESSMENT
AGAINST PROPERTY LOCATED AT 10200
STERN AVENUE, CUPERTINO (APN 375 12 002)
Whereas, pursuant to Chapter 1.09 of the City of Cupertino Municipal Code, the City Council of
the City of Cupertino had declared the residence located at 10200 Stem A venue,
Cupertino, California (APN 375 12002) a public nuisance, and
Whereas, on August 15, 2006, the City Council directed that said nuisance be abated by the
owner within a proscribed period of time or, if not so abated by the owner, that City
personnel would cause said abatement to occur.
Whereas, the City's Code Enforcement Officer caused the abatement of said nuisance and kept
an itemized account of all expenses incurred by the City and prepared a report specifying
the work done, the report and itemized account of which are attached herewith as Exhibit
A; and,
Whereas, pursuant to Chapter 1.09 of the City of Cupertino Municipal Code, the clerk has caused
all notices required ~y law to be given to the property owner regarding this hearing; and
Whereas, the following persons have filed written protests with the clerk and are attached
herewith as Exhibit B:
None
NOW, IT IS THEREFORE RESOLVED:
1) Pursuant to Chapter 1.09 of the Cupertino Municipal Code, the City Council of
Cupertino, after hearing, hereby confirms the proposed assessment in the amount of
$2,192.89 shall be assessed against the property located at 10200 Stem Avenue,
Cupertino, California (APN 375 12002)
2) The City Council further orders said charges shall be assessed against the property as a
special assessment;
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Resolution No. 06-173
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3) The City Council further directs the clerk to cause certified copies of the assessment be
reported to the assessor and tax collector to be placed on the assessment roll and cost
assessed as a lien against the property to be payable in five equal annual installments
bearing interest at the rate of 7 percent per annum to be collected at the same time and in
the same manner as ordinary property taxes are collected;
4) The lien shall continue until the assessment and all interest due and payable thereon are
paid;
5) All monies recovered by payment of the assessment shall be paid to the treasurer of the
City of Cupertino to be credited to the repair and demolition fund.
PASSED AND ADOPTED by the City Council of the City of Cupertino this 17th day of
October by the following vote:
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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Resolution No. 06-173
Memorandum
To: City Clerk
From: Jeffrey Trybus, Code Enforcement Officer
Subject: 10200 Stern Ave. Nuisance Abatement Accounting
Date: September 26, 2006
Invoice from Haul It All in the amount of
Code Enforcement Officer stafftime is 16.25 hours x $47.87 per hour =
City Attorney's Office Staff time is 3 hours and 45 minutes=
(Exhibit A)
$1,200.00
$777.89
$215.00
TOT AV= $2,192.89
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