Ordinance No. 1677ORDINANCE N0. X677
ORDINANCE OF THE COUNCIL OF TBE CITY OF CUPERTINO
AMENDING CAAPTER 1.09 OF TBE CUPSRTINO MUNICIPAL CODE
RELATING TO NUISANCE ABATEMENT
TEE COUNCIL OF TB8 CITY OF CUPERTINO ORDAINS AS FOLLOWS:
SECTION 1. AMENDMENTS.
A. Section 1.09.030 is hereby amended to read as follows:
1.09.030 Definitions.
A. "Nuisance" means anything declared by the City Council to
be, or likely to become injurious to the senses, or which obstructs
the use of property, such as interference with the passage or use
of any public park, square, street, highway, navigable lake, river,
bay, stream, canal or basin.
B. "Record owner" means the owner of the property on which
the nuisance is located as shown on the last equalized assessment
roll and all persons having any legal or equitable interest in ouch
property as disclosed by a title search conducted under the
supervision of the City Attorney, using the services of a title
company.
C. "Incidental expenses" means the actual costs incurred by
the City in the enforcement of this Chapter, including, but not
limited to, attorneys' fees; hearing coats; staff costa;
inspection costa; and costs of preparing, copying and mailing
documents.
B. Section 1.09.040 is hereby amended to read as follows:
1.09.040 Declaration of nnisance. Where a condition exists
in the City which appears to be a nuisance as defined in Section
' 1.09.030, the City Council shall pass a resolution declaring its
decision to conduct a public hearing to determine whethter the
condition is a public nuisance. The resolution shall state
Council's intent to commence abatement proceedings pursuant to this
Chapter, and shall describe the property involved.
C. Section 1.09.050 is hereby amended to read as follows:
1.09.050 Notice of hearing to abate. Within fifteen calendar
days after passage of the resolution referred to in Section
1.09.040, the City's designated employee shall conspicuously post
the following on the affected property:
, A. A certified copy of the Council's resolution; and
8. At least two notices of the time and place of the public
hearing to be held before the Council. This notice shall be
entitled, "NOTICE CF HEARING TO ABATE NUISANCE", shall be printed
in letters not less than one inch in height, and shall
substantially state the following:
NOTICE IS HEREBY GIVEN THAT ON , ~ Tgg
COUNCIL OF THE CITY OF CUPERTINO PASSED A RES$LUTION
DECLARING ITS DECISION TO CONDUCT A PUBLIC HEARING TO
DETERMINE WHETHER THE CONDITIONS EXISTING ON THE REAL
PROPERTY LOCATED AT , CUPERTINO,
CALIFORNIA, CONSTITUTES A PUBLIC NUISANCE. THE CONDITIONS
APPEARING TO BE A NUISANCE CONSISTS OF THE FOLLOWING:
. IF AFTER
THE HEARING THE COUNCIL FINDS THESE CONDITIONS TO
CONSTITUTE A NUISANCE, THEY MUST BE ABATED WITHIN
DAYS BY DOING THE FOLLOWING:
(Describe action to be taken). IF NOT ABATED WITHIN THE
PRESCRIBED PERIOD, THE NUISANCE SHALL BE ABATED BY THE
CITY OF CUPERTINO AND THE COST OF ABATEMENT SHALL BE
ASSESSED UPON THE PROPERTY ON WHICH THE NUISANCE IS
LOCATED, CONSTITUTING A LIEN UPON TAE PROPERTY UNTIL T$E
COSTS ARE PAID.
ALL PERSONS SAVING ANY OBJECTION T0, OR INTEREST IN THIS
MATTER, ARE BEREBY ADVISED TO ATTEND A MEETING OF THE
COUNCIL OF TBE CITY OF CUPERTINO, TO BE HELD IN CITY
BALL, LOCATED AT 10300 TORRE AVENUE, CUPERTINO,
CALIFORNIA, ON , AT P.M., AT
WBICB TIME EVIDENCE RELATING TO THIS MATTER WILL BS BEARD
AND CONSIDERED.
DATED: By Order of the City Council
CtyCer
D. Section 1.09.060 is hereby amended to read as follows:
1.09.060 Postinq and serving notice.
A. The City's designated employee shall cause to be served
on the Record Owner of the property on which the nuisance exists:
(1) a copy of the notice referred to in Section 1.09.050(B) and
(2) a certified copy of the Council's resolution referred to in
Section 1.09.040.
B. The notice and resolution shall be posted and served at
least fifteen (15) calendar days before the time set for Council's
hearing. Proof of posting and service shall be made by affidavit
and filed with the City Clerk.
C. Notice shall be served in accord with Code of Civil
Procedure Section 415.10 et seq. If after a diligent search the
Record Owner cannot be located, notice may be served by posting a
copy of the notice in a conspicuous place on the property for ten
(10) days and publishing the notice in a general circulation
newspaper published in Santa Clara County.
D. Notice to the Record Owner shall be given prior to
recordation of any lien.
E. Section 1.09.070 is hereby repealed in its entirety.
F. Section 1.09.080 is hereby amended to read as follows:
1.090.070 Abatement Hearing by City Council.
A. Resolution as decision. At the time stated in the Notice
of Hearing to Abate Nuisance, the Council shall hear and considar
all relevant evidence. Based on the evidence presented, the Council
shall determine whether the property or any part, as maintained,
constitutes a nuisance. If the Council determines that the
property constitutes a nuisance, it shall adopt a resolution which
declares the property a nuisance, orders abatement of the nuisance
within a reasonable time ae determined by the Council, sets forth
the corrections necessary to comply with the abatement order, and
provides findings upon which the determination of a nuisance was
based. This resolution shall serve as the Council's decision.
B. Rules of procedure. The Rules of Procedure for
Conducting Hearings, appended to this Chapter as Appendix A and
incorporated herein by this reference, shall be followed by the
Council in the conduct of any abatement hearing.
C. Service of resolution on record owner. A copy of the
resolution ordering the abatement of the nuisance shall be served
on the Record Owner of the affected property in the manner provided
in Section 1.09.060(C).
G. Section 1.09.090 is hereby repealed in its entirety.
H. Section 1.09.100 is hereby amended to read as follows:
Section 1.09.080 Time for casipliance with abatement order.
The Record Owner shall have the right to abate the nuisance
within the time prescribed in the resolution or, in the absence of
any prescribed time, within thirty (30) days after the date of
adoption of the resolution. The time prescribed for abatement may
be extended by the Council for a reasonable time upon a showing of
good cause.
I. Section 1.09.110 is hereby amended to read as follows:
Section 1.09.090 Noncompliance with order to abate -
Abatement and Collection of Costs.
A. Report of abatement costs. If the nuisance is not abated
within the prescribed time, the City's designated employee is
expressly authorized to enter upon the property for the purpose of
abating and removing the nuisance. The designated employee shall
keep an accounting of the cost, including incidental expenses, of
abatement of the nuisance for each separate assessor's parcel where
the abatement work has been done, and shall render a written
itemized report to the Council showing the cost of abatement,
including salvage value if applicable. However, before the report
is submitted to the Council for confirmation, a copy of the report
shall be posted for at least fifteen (15 ) days on the affected
property with a notice of the date on which the report shall be
submitted to the Council for confirmation. A copy of the report
and notice shall be served on the Record Owner in the manner
provided in Seetion 1.09.060(C) at least fifteen (15) days prior to
the date set for Council action regarding confirmation of the
report. Proof of posting and service shall be by affidavit and
filed with the City Clerk.
B. Hearing on report of abatement costs. At the time set
for receiving and considering the Report of Abatement Costs, the
Council shall consider the report and any written objections to the
report submited by any of the persons liable to be assessed for the
cost of abatement. The Council may make revisions or corrections
to the report as it deems just, after which the report as submitted
or revised shall be confirmed by resolution. The decision of the
Council shall be final.
C. Assessment of coats against the property as a lien. The
amount of abatement costs, including incidental expenses, as
confirmed by the Council, shall constitute a special assessment
against the property upon which the nuisance was maintained and,
after recording the assessment with the County of Santa Clara
Recorder's Office, shall constitute a lien on the property in the
amount of the assessment. After Council has confirmed the Report
of Abatement Costs, a copy of the report shall be submitted to the
Assessor and Tax Collector for the City. It shall then be the duty
of the Assessor and Tax Collector to add the assessment amount to
the next regular bill of taxes levied against the property. The
assessment shall be collected in the same procedure with penalties
as for foreclosure and sale in case of delinquency as provided for
ordinary municipal taxes.
D. Notice of lien; Form; Recordation. After the Council has
confirmed the Report of Abatement Coats, the report shall be filed
with the City Clerk. Upon filing the report, the City Clerk shall
issue a certificate describing the affected property and the lien
against the property in basically the following form. The
certificate shall be submitted for recordation to the Assessor and
Tax Collector for the City.
CLAIM OF LIEN AND CSRTIFICATS OF N[TISANCB ABATSMSNT COSTS
Notice to Owners:
(Names)
Your property could be sold without your consent to
satisfy this lien.
On the Council of the City of
Cupertino declared that a nuisance existed at the
property described below and ordered that the nuisance
be abated on or before Since
the nuisance had not been abated by thisrdate, the City
abated the nuisance and kept an accounting of the
abatement coats, including incidental expenses.
On upon noticed hearing, the Council
confirmed a Report of Abatement Costs and directed the
City Clerk to issue this Claim of Lien and Certificate
of Nuisance Abatement Coate.
Amount of Lien:
street Address:
Assessor's Parcel Number:
Dated: City of Cupertino
(City Seal)
City Clerk
J. Sections 1.09.120, 1.09.130 and 1.09.140 are hereby repealed
in their entirety.
K. Section 1.09.150 is hereby amended to read as follows:
Section 1.09.100 ]-lternative remedies. Nothing 1n this
chapter shall be deemed to prevent the City Council from ordering
the City Attorney to commence a civil action to abate a nuisance,
as an alternative to, or in conjunction with, the proceedings
contained in this Chapter. Further, the City retains the right to
collect coats of abatement in any manner authorized by law,
including a civil action against the Record Owner.
e~CTTON 2. F'NFORCEMENT. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption. The City Clerk is instructed to file a certified copy
of this ordinance upon its becoming effective with the Sheriff's
Office of the county of Santa Clara, State of California.
GECTION ;. P mL~N- The City Clerk shall cause this
ordinance to be published at least once in a newspaper of general
circulation published and circulated in the City within 15 days
after its adoption, in accordance with Government Code Section
36933, shall certify to the adoption of this ordinance and shall
enter this certified ordinance, with proof of publication, in the
Municipal Code of the Council of this City.
INTRODUCED at a regular meeting of the City Council of the
City of Cupertino this 17th day of January, 1995, and ENACTED
at a regular meeting of the City Council of the City oP Cupertino
this 6th day of February, 1995, by the following vote:
Vote M 1'+ s o h ~ ty Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOE5: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor, Ci of Cupertino
ATTEST:
City Clerk
- ~;~.
STATE OF CALIFORMA )
COUNTY OF SANTA CGARA )
CITY OF CUPERTMO )
i, KIM MARIE SMITH, City Clerk, and ex-officio Clerk of the Ciry Counc;l of the City
of Cupertino, California, do hereby certify the attached m be a IDII, true, and corroct copy of ~
Ordinance No. id ~ ~ enacted on _~G-e.,~a1~ 6 _ /49~
~_'
IN W17'NESS WHERE01;, I have hereunto set my hand and seal this ~` day of
__~~ 19~,
KIM MARIE SMITH, City Clerk and ax-
offido Clerk of the City Council, Cupertino, CA
,~~