CC Resolution No. 99-277RESOLUTION NO. 99-277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERINO ABATEMENT OF PUBLIC NUISANCE
AT 19337 PHIL LANE
RECITALS:
On August 16, 1999, the City Council of the City of Cupertino adopted its
(a)
Resolution No. 99-243, a copy of which is attached hereto and made a part thereof by
reference;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on September 20, 1999, at 6:45 p.m., in the Council Chambers, in
the City Hall, located at 10300 Torte Avenue;
The following members of the City Council were present: Burnett,
Statton, Dean;
The following members of the City's staff, among others, were present:
Director of Administrative Services Carol Atwood
City Clerk Kimberly Smith
City Attorney Charles Kilian
The following interested persons were also present:
(c)
Chang, James,
(d)
1.
2.
3.
(e)
(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 of the heating to abate, and
Resolution No. 99-243 were duly and regularly posted and served, as required by the
provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977.
Resolution No. 99-277 Page
(b) The inoperative, unregistered vehicle parked in the driveway and
the substandard roof at 19337 Phil Lane in the City of Cupertino, State of California,
constitutes a public nuisance, in that said conditions constitute a hazard to public health,
safety and general welfare, by reason of threatening the free use and enjoyment of
adjoining property.
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:
· Repair/removal of the vehicle at 19337 Phil Lane by October 4, 1999; and
repair/demolition of the house at 19337 Phil Lane by October 18, 1999.
(c) Any property owner shall have the fight 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 which may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of September, 1999, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
City Clerk
Mayor,
P,_ESOLUTION NO. 99-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC
HEARING CONCERNING A NUISANCE AT 19337 PHIL
LANE - INOPERATIVE, UNREGISTERED VEHICLE, AND A
SUBSTANDARD ROOF
WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a
nuisance as anything which is declared by the City Council to be or likely to become
injurious to the senses, or an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property; and
WHEREAS, there exists an inoperative, unregistered vehicle parked in the
driveway at 19337 Phil Lane; and
WHEREAS, the roof at 19337 Phil Lane is substandard; and
WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a
public heating to determine whether or not said condition constitutes a public nuisance
and, if said determination is made, the City Council shall require abatement of said public
nuisance by repair/removal of automobile, and repair/demolition of house.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does, upon adoption of this resolution, establish the date of September 20,
1999, 6:45 p.m., as the time and 10300 Torte Avenue, Cupertino, California as the place
wherein public testimony will be taken relative to the determination as to whether or not
a public nuisance exists and if so determined, what type of abatement is necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of August, 1999, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
/s/ Kimberly Smith /s/ Wally Dean
City Clerk Mayor, City of Cupertino