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CC Resolution No. 06-173 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 Avenue, Cupertino, California (APN 375 12 002) 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 by 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; Resolution No. 06-173 2 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 1 ih day of October by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Wang, Kwok, Mahoney, Sandoval None None None Cit~ ~1i. ~:~t( Mayor, City of Cupertino ATTEST: 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 staff time 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 AL= $2,192.89 3