CC Resolution No. 7486
RESOWI'ION NO. 7486
A RESOWI'ION OF 'IHE CI'IY CXXJNCIL OF 'IHE CI'IY OF aJPERI'INO
ORDERING ABATEMENT OF PUBLIC NUISANCE Kr 22303 REX3NARI' ROAD
RECITAlS :
(a) On April 4, 1988, the city Council of the City of CUpertino
adopted its Resolution No. 7447, a rx:1f1'i 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 hearirq with respect thereto, on May 2, 1988, at 6:45 p.m., in the
Council Chambers, in the City Hall, located at 10300 Torre Avenue;
(c) All members of the city Council were present;
(d) ihe followirq members of the city's staff, ~ others, were
present:
1. Barbara K. Brown, Assistant to the City Manager
2. Dorothy Corne1iue, City Clerk
3. Charles Kilian, City Attorney
(e) '!he followirq interested persons were also present;
None
(f) After hearirq openin;J remarks, the City Council heard an:i
considered all relevant evidence including, but not limited to, testiJrony
under oath fran owners, witnesses an:i parties interested, as well as
received into evidence exhibits an:i staff reports, relative to said
matter;
(g) Followirq the presentation of all evidence an:i closing remarks,
the City Council considered the matter, an:i resolved as follows:
RESOWI'ION NO. 7486
PASSED AND AOOPl'ED at
City of CUpertino this
followirq vote:
Vote Members of the City Council
a regular meet:irq of the City Council of the
~nd day of M~y , 1988 by the
AYES:
NOæ:
Johnson, Koppel, P1ungy, Rogers, Gatto
None
None
None
ABSENT:
ABSTAIN:
APmJVED:
lei John M. Gatto
Maýor, city of CUpertino
ATI'EST:
/s/ Dorothy Cornelius
city Clerk
RESOWI'ION NO. 7486
IT IS HEREBY RESOLVED by the city Council of the City of CUpertino,
state of California, as follows:
1. 'Ihe followirq fin:i:irqs of fact are hereby made:
(a) Notice of the time an:i place of the hearirq to abate, an:i
Resolution No. 7447 were duly an:i regularly posted an:i served, as
required by the previsions of Ordinance No. 794 of the City of
CUpertino, enacted on April 18, 1977.
(b) 'Ihe fact that the JOObile hane located at 22303 Regnart Road
in the City of CUpertino, state of Califonrla, does not conform
with Section 11.29.040.A.6 of the CUpertino M.micipal Code or
with Ordinance No. 1374, section 14, constitutes a public
nuisance, in that said con1ition constitutes a haza:rd to public
health, safety an:i general welfare, by reason of threatening the
free use an:i enjoyment of adjoinirq property.
2. IT IS 'rnEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the I""""ded corrections arxjor repairs,
necessary to CC31q)ly with the abatement order is as follows:
RenDval of JOObile hane as prescribed by the Director of Planning
an:i Development.
(c) Arr2 property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is cc:nrpleted
prior to May 12, 1988 at which time, upon good cause shown, may
be ext:emed for a reasonable time by the City Council.
(d) If such public nuisance is not abated within such time or
arr;¡ 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.