CC Resolution No. 25-048 ordering abatement of public nuisance and potential fire hazardRESOLUTION NO. 25-048
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ORDERING ABATEMENT OF PUBLIC NUISANCE AND POTENTIAL
FIRE HAZARD (BRUSH) PURSUANT TO CUPERTINO MUNICIPAL
CODE SECTION 16.40.200 REGARDING DEFENSIBLE SPACE (BRUSH)
AND RESOLUTION NO. 25-029
WHEREAS, the Cupertino Municipal Code Section 16.40.200 requires
property owners in the locally adopted Wildland-Urban Interface Fire Area
(WUI) to maintain effective defensible space by removing brush, flammable
vegetation and combustible growth when required by the fire code official due to
steepness of terrain or other conditions.
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 25-029 to be a public nuisance
and potential fire hazard; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of
the City Council on June 17, 2025; 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:
1.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
Resolution No. 25-048
Page 2
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:
1.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 Cupertino Municipal Code Chapter 9.08.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 17th day of June 2025, by the following vote:
Vote: Members of the City Council:
AYES: Chao, Moore, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
7/2/2025________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
_7/2/2025_______________________
Date