CC Resolution No. 05-094
RESOLUTION NO. 05-094
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. 05-083
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 05-083 to be a public nuisance; and
WHEREAS, after due notice, a public hearing thereon was held at the regular
meeting of the City Council on June 7, 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 Office of the Agricultural Commissioner is hereby ordered to
abate such nuisance or cause the same to be abated by having the brush 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 brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Agricultural Commissioner or his authorized
representative to destroy or remove them.
BE IT FURTHER RESOLVED:
I. That the Office of 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. 05-094
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 7th day of June 2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
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City Clerk . ~
ATTEST: