08 Public Nuisance Carver Dr
City Hall
10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408) 777-3255
Fax' f40R,) 777~1174
CITY OF
CUPEIQ1NO
CODE ENFORCEMENT DIVISION
SUMMARY
Meeting Date: April 18, 2006
Agenda Item No: g
SUBJECT AND ISSUE
Public hearing to consider abating a public nuisance at 10630 Carver Drive (APN 375 32
020, Patrick W. McGrath property owner).
BACKGROUND
On August 24, 2005 a complaint was made to the Code Enforcement Division regarding
several parcels in the Rancho Rinconada neighborhood. The concerns were related to
blighted conditions on several vacant lots in the neighborhood due to trash, weeds, and
general neglect. Subsequently, several of the parcels were inspected and numerous
violations of the municipal code pertaining to overgrown weeds, accumulation of rubbish,
and overgrown foliage were identified. Letters of violation were mailed to the property
owners requesting compliance. One such owner, Patrick McGrath, owns several vacant
parcels in that neighborhood and received violation letters regarding the blighted
condition on four parcels he owned. The letters described the violations and provided a
specific compliance date for each parcel.
The violations on three of the four parcels were corrected; however, one property located
at 10630 Carver Drive continues to be in violation of the municipal code. While Mr.
McGrath did correct some of the violations, there is still an accumulation of scrap
material and overgrown weeds on the property.
The Code Enforcement Division has sent four letters (each via certified and regular mail)
to Mr. McGrath and made a personal visit in an effort to have the violations corrected and
the property brought into compliance.
To date, the following violations of the municipal code exist and are being pursued as
conditions creating a public nuisance:
o Overgrown weeds on the parcel- 9.08.010 CMC
o Numerous pieces of old carpet (scrap material)- 9.22.020(D} CMC
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Printed on Recycled Paper
10630 Carver Driye
Page 2 of2
STAFF RECOMMENDATION
Staff recommends that the City Council adopt a resolution declaring the aforementioned
conditions on the property at 10630 Carver Drive a public nuisance and order the property
owner to permanently abate said nuisance by May 2, 2006. Should the property owner
not abate the nuisance by that date, staff will abate the nuisance and all costs incurred will
be assessed to the property owner.
Submitted by:
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Alex Wykoff
Code Enforcement Officer
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David W. Knapp
City Manager
ó-.l-
DRAFT
RESOLUTION NO. 06-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10630 CARVER DRIVE
(APN 375-32-020), PATRICK W. MCGRATH PROPERTY OWNER
RECITALS:
(a) On April 4, 2006, the City Council of the City of Cupertino adopted its
Resolution No. 06-060 (attached) declaring a public nuisance at 10630 Carver Drive due
to overgrown weeds on the parcel and numerous pieces of old carpet in view ofthe public
right of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
on April 18, 2006, at 6:45 p.m., in the Council Chambers located at 10350 Torre Avenue;
(c) The following members of the City Council were present: Lowenthal,
Wang, Kwok, Mahoney, Sandoval;
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Deputy City Clerk Grace Schmidt, City Attorney Charles
Kilian, and Code Enforcement Officer Alex Wykoff;
(e) The following interested persons were also present:
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath ITom 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 ofthe hearing to abate, and Resolution
No. 06-060 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
(b) Overgrown weeds on the parcel and numerous pieces of old carpet
in view of the public right of way on parcel 375-32-020 located at 10630 Carver Drive in
the City of Cupertino, State of California, constitutes a public nuisance, in that said
obstruction constitutes a hazard to public health, safety and general welfare, by reason of
threatening the ITee use and enjoyment of neighboring properties.
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Resolution No. 06-073
Page 2
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:
. Removal and disposal of overgrown weeds and numerous pieces of
old carpet in view of the public right of way at 10630 Carver Drive
by May 2, 2006.
(c) Any property owner shall have the right 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 that may be granted, the Office of the City Attorney shall, by City
forces or private contract, cause the same to be abated.
(e) The property owner shall maintain the property in such a way as to
avoid a recurring public nuisance.
ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 18th day
of April 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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