Ordinance 1794• ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO,
AMENDING CHAPTER 1.09 OF THE CUPERTINO MUNICIPAL CODE FOR THE
PURPOSE OF CONFORMING THE PROVISIONS OF THE CODE TO BE
CONSISTENT WITH PRESENT CITY PRACTICES AND TO BE CONSISTENT WITH
NEW SECTIONS OF THE CODE (PUBLIC NUISANCE ABATEDIENT)
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
that the following sections of the Cupertino Municipal Code shall be amended to read as
follows:
Section 1.09.030A is hereby amended to read as follows:
A. "Public nuisance" means any of the following conditions, which is, or is likely to
become:
1. injurious to health, safety or welfare or indecent or offensive to the senses; or
2. an obstruction to the free use of property, such as interference with the comfortable
enjoyment of life or property; or
3. an unlawful obstruction to the free passage or use of any public park, square, street,
. highway, navigable lake, river, bay, stream, canal or basin; or
4. a condition that diminishes property values and degrades the quality of life within
the city; or
5. an accumulation of lumber, trash, debris, garbage or vegetation dangerous to health,
safety or welfare or likely to become a fire hazard; or
6. a substandard building as defined in the 1994 Uniform Housing Code; or
7, an attractive nuisance which may prove detrimental to children such as an abandoned
well, shaft, basement, excavation, refrigerator, motor vehicle or any unsound fence or
structure; or any other condition declared a public nuisance by the City Council or by a
provision of this code.
Section 1.09.060A is hereby amended to read as follows:
A. The City's designated employee shall cause to be served in person or by
certified mail, postage prepaid, return receipt requested, on the record owner of the property
and on any holder of any mortgage, deed of trust, lien, encumbrance or lease of record or any
other legal interest in the property on which the nuisance exists: (1) A copy of the notice
referred to in Section 1.09.050(B) and (2) A eertiGed copy of the Council's resolution referred
to in Section 1.09.040.
Section 1.09.060B is hereby amended to read as follows:
• Ordinance No. 1794 Page 2
B. The notice and resolution shall be posted and served at least fifteen 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 along tvitlt any receipt card acknotiviedgittg receipt of
certified snail.
Section 1.09.060D is hereby repealed.
Section 1.09.090 is hearby amended to read as follows:
1.09.090 Noncompliance with order to abate
The time set for abatement, upon good cause shown, may be extended for a reasonable
time, by the City Council; provided, however, that if such nuisance is not abated within such
time, the Code Enforcement Officer or his designated representative shall, by City forces or
private contract, cause the same to be abated.
Section 1.09.100 is hearby amended to read as follows:
Nothing in 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. 1.09.110 Recovery of costs of
abatement
There is hereby added to the Iblunicipal Code of Cupertino Section 1.09.110 to read as
follows;
1.09.110 Recovery of costs of abatement
The City may recover all costs of abatement and related administrative costs pursuant
to nuisance abatement lien procedures described in Govt. Code Section 38773.1 or pursuant to
special assessment procedures described in Govt. Code Section 38773.5 or as otherwise
provided by law.
Notice to the record owner shall be given as required by law prior to the
commencement of any action by the city to recover the costs of abatement.
Section 1.09.160 is hereby amended to read as follows:
Except where a violation is specifically designated a misdemeanor, any person who
violates the provisions of this chapter shall be guilty of an infraction and upon conviction
thereof shall be punished as provided in Chapter 1.12. (Ord. 1263 (part), 1984)
. Ordinance No. 1794 Page 3
PUBLICATION CLAUSE:
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 § 36933, shalt certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be entered
in the Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
6`" day of July, 1998, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 20"' day of July, 1998, by the following vote:
Vote Members of the C~ Council
AYES: Burnett, Dcan, James, Statton, Chang
NOES: None
• ABSENT: None
ABSTAIN: None
ATTEST: P OVED:
-~~
City Clerk Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. / ~9`~ ,which
was enacted on __/~ D ~ ~~ ,and that it has
been published or posted pursuant to Iaw (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
7 V-k day of _) ~(~ , 19 98 .
~Lrn-f~2-tiLC./-. ~~~"
KIMBERLY SMIT ,City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California