CC Resolution No. 8071
RESOIlJI'ION NO. 8071
A RESOIlJI'ION OF THE CITY CXXJNCIL OF THE CITY OF C\.J~.I:;tti'.LÑO
ORDERING ABATEMENT OF RJBLIC NUISANCE NJ; ALL AMERICAN SHOPPlliG CENTER
RECITAIS :
(a) On February 5, 1990, the city Council of the City of CUpertino
adopted its Resolution No. 8030, a copy of which is attached hereto and
made a part hereof by reference;
(b) Pursuant thereto, the City Council of the City of CUpertino held
a hearin;J with respect thereto, on March 19, 1990, at 6:45 p.m., in the
Council O1ambers, in the City Hall, located at 10300 Torre Avenue;
(c) All members of the City Council were present;
(d) '!he followin;J members of the City's staff, among others, were
present:
L Assistant to the City Manager Barbara B:rown
2. city Clerk Dorothy Cornelius
3. City Attorney Charles Kilian
(e) The followin;J interested persons were also present;
D:irlene Thome
Ellie Werner
Victoria Schwartz
Margaret I1Tpink
M;ny Ann OVerton
Nicole Legan
Ken LaPoint
Frank Wong
(f) After hearin;J 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) Followin;J the presentation of all evidence and closin;J remarks,
the city Council considered the matter, and resolved as follows:
RESOI1Jl'ION NO. 8071
IT IS HEREBY RESOLVED by the City Council of the city of CUpertino,
State of California, as follows:
1. '!he followin;J fi.ndirgs of fact are hereby made:
(a) Notice of the time and place of the hearin;J to abate, and
Resolution No. 8030 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.
(b) '!he collection of trash, accunnllation of debris behin:i
several CCII!OœrCial establishments as well as exterior storage and
noise at the All American Shoppin;J Center located on the
northwest comer of Blaney Avenue and Bollin;Jer Road in the City
of CUpertino, state of California, constitutes a public nuisance,
in that said trash, debris and storage constitutes a hazard to
public health, safety and general welfare, by reason of
threatenin:J 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 amjor repairs,
necessary to ~ly with the abatement order is as follows:
Use permit application within 30 days to include
(1) enclosed storage (to be constructed within 60 days
of receivin;J approval with any exceptions to be
granted by the Director of Conununity Development)
(2) increased height and repair of wall on the north
(3) regular maintenance program
(4) enclosures for trash containers
Içlementation of landscaped screeni.n:J scheme within 30 days
of approval by ASAC.
RFSOllJI'ION NO. 8071
DeIronstrate that steps have been taken to eliminate fish
odors within 90 days of the March 19 public hearin;J (June
18, 1990, to be next hearing)
Garbage containers shall be covered.
I1rq;>roved sanitation procedures within the Tin Tin Market to
include cleanin;J arourrl the fish tanks
Use of outdoor address or paging system be prohibited, any
current system to be dismantled outside the buildin;J within
ten days of this hearin;J.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is ~leted as
per Item 2 (b) of this Resolution, which time, upon good cause
shown, may be exterrled 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 Assistant to the
City Manager, shall, by city forces, or private contract, cause
the same to be abated.
PASSED AND AOOP!'ED at a regular meeting of the City Council of the
City of CUpertino this 19th day of March , 1990 by the following
vote:
vote Members of the City Council
AYES:
NOES:
ABSENT:
Koppel, Sorensen; Szabo, Rogers
ABSTAIN:
Goldman,
None
None
None
ATI'EST
APIroVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, city of CUpertino
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