10-02-2018 Oral CommunicationsPresentation to Cupertino
City Council
October 2,2018
By
Residents on Prospect
Road
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Presenters;
Don Rosenbaum
7633 Prospect Road
Cupertino, CA
408-257-3585
Herb Wipfler
7585 Prospect Road
Cupertino, CA
408-996-1341
On September 24,2018 a letter & petition was sent to City Council.
24 residents on Prospect Road signed a petition, that was submitted to
the City Council along with 9 attachments detailing the previous years
correspondences and the codes we believe are being violated.
PETITION
We, the residents residing on Prospect Road petition the City Council to
resolve the "Public Nuisance" existing at 7573Prospect Road, Cupertino, CA
95014.
In accordance with City of Cupertino Civil Code Title 1 General Provisions,
Chapter 1. 09 "Nuisance Abatement", this property is a blight and has a
deteriorating influence and conditions that is contributing to the downgrading
of the neigh1Jorhood aesthetics and_property values. Cupertino Code
Enforcement and the Santa Clara Sheriff after three years and six months of
visits and citations have not been able to resolve this nuisance and it is
becoming worse with excessive noise from the resident dogs (10.48.061)
disturbing the peace at night, the derelict nonoperational truck (11.04.019)
and contlnuea unpermitted construction.
See attached documents of previous correspondences to Cupertino authorities
Since October 2015 residents have endured this publi c
nuisance that is having a deteriorating influence and
conditions that are contributing to the downgrading of the
Prospect Road safety, aesthetics, and property values .
We have contacted or visited the Code Enforcement, Sheriff,
City Manager, and Mayor over the past two yea rs and all have
tried to mitigate and correct the many violations witho ut
success.
WE NEED LEGISLATIVE ACTION IN ORDER TO RECTI FY THIS
BLIGHT IN OUR COMMUNITY
Supporti·ng Documents
Reg ard i ng Pu blic Nuisance
1. Title 1: General Provisions (Chapter 1.09: Nuisance Abatement (1 page)
2. Chapter 9.22: Property Maintenance (3 pages)
3. Chapter 10.48.060 Noise Disturbances (1 page)
4. Chapter 11.04.019 (A) Abandonment o f vehicle on private property(1 p age)
5. Email March 27 ,2017 from Ricardo Urena, Santa Clara Sheriff &
Savita Vaidhyanathan Cupertino M ayo r (1 page)
6. Letter July 13, 2017 to Wipfler's from Neighbor Don Rosenbau m (1 page)
7. Letter July 22, 2017 to Cupertino Code Enforcement (1 Page)
8. Email July 23, 2017 & Jeffrey Trybus r esponse dated July 27,2017(2 P ages)
9 . Email March 23, 201 8 to City Manager David B randt & others (1 Page)
List of Problems & Complaints
1. Abandoned Vehicle: A large Inoperative, wrecked~ & neglected
truck has been parked in front for over 2 years. Enrorcement
towed it away but the resident had it returned. (See code
11.04.019)
A second truck with expired CA license dated Nov 2014 is used
primarily at night.
2. Property Maintenance: Unlawful acts in front yard of loose
materials, temporary fences, a accumulation of litter & scrap
materials exist, and the house is in a state of condition tha is
depreciating the aesthetics & property values. This includes a
driveway that was torn out and not reP.laced. Constant debris is
being left on sidewalk posing a hazartl to pedestrians.(See
9.22.U2)
3. Noise Disturbances: Two lar_ge dogs bark (loudly) especially at
night & early mornings. We believe tfle resident does not stay in
the house at night.(See 10.48.061 & 10.48.010)
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We request City Council to pass a resolution
declaring the
Property located at 7573 Prospect Road
''A PUBLIC NUISANCE''
in accordance with the City of Cupertino
Municipal Code Title 1: Chapter 1.09
Nuisance Abatement
Thank you for your attention, we look forward
to your support of this request.
We are present tonight ready to answer
questions regarding this matter.
Benjan1in Fu <BenjaminF@cupertino.org>
T dona1d963 l@attnet anne.wigfler@gmail.com
cc
Phillip Willkomm
Today at 3:32 PM
Dear Don and Herb,
I apologize for the late reply to your recent submission. The City of Cupertino staff
and City Council have received your petition packet regarding the subject property.
Since our last meeting with the City Manager, Code Enforcement has conducted a
thorough investigation and is actively working toward compliance. A notice of
violation has been issued to the property owner requiring that all of the found
violations are corrected. Code Enforcement will be following up by the end of this
month to verify compliance and continue the enforcement process.
Thank you for your patience during the investigation and enforcement process, and
for being active members of our community. We will provide you with updates on
the progress, but in the meantime, please feel free to contact code enforcement for
any additional questions, concerns, and/or comments.
Regards,
Ben
Benjamin Fu
Assistant Director of Community
Development
Planning Division
Benj ainF@cupertino.org
( 408) 777-3247