CC Resolution No. 05-012
RESOLUTION NO. 05-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 04-440
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the private
properties as described in Resolution No. 04-440 adopted November 16, 2004 to be a
public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at the regular meeting of
the City Council on January 4,2005; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
I. That the Agricultural Commissioner is hereby ordered to abate such
nuisance or cause the same to be abated by having the weeds referred to destroyed or
removed by cutting, discing, chemical spraying or any other method determined by him;
that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express authorization to
enter upon said private properties for the purpose of causing said public nuisance to be
abated; and
3. That any affected property owners shall have the right to destroy or
remove such weeds or debris himself or herself or have the same destroyed or removed at
hislher own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Agricultural Commissioner or his authorized representative to
destroy or remove them.
BE IT FURTHER RESOLVED:
I. That the Agricultural Commissioner shall keep account of abating said
nuisance and embody such account in a report and assessment list to the City Council,
which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
Resolution No. 04-012
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 4th day of January 2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
ATTEST:
AP~w
~yor, City of Cupertino
~~
City Clerk