CC Resolution No. 7433
RESOIlJI'ION NO. 7433
A RESOIlJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERTlllO
ORDERING ABATEMENT OF RJBLIC NUISANCE Nr 10038 PENINSOIA BJOLE:VARD
RECITAIS :
(a) on January 19, 1988, the City Council of the City of OJpertino
adopted its Resolution No. 7407, a copy of which is attached hereto am
made a part hereof by reference;
(b) Pursuant thereto, the City Council of the City of OJpertino held
a hearin:J with respect thereto, on February 16, 1988, at 6:45 p.m., in the
Council Chambers, in the City Hall, located at 10300 To=e Avenue;
(c) All members of the City Council were present;
(d) 'lbe followin:J members of the City's staff, am:>ng others, were
present:
1. Barbara K. Brown, Assistant to the City Manager
2. Dorothy Cornelius, City Clerk
3. Chuck Kilian, City Attorney
(e) 'lbe followin:J interested persons were also present;
Richard Razo
(f) After hearin:J openi.ng remarks, the City Council heard and
considered all relevant evidence includin:J, but not limited to, testiJrony
under oath from owners, witnesses am parties interested, as well as
received into evidence exhibits am staff reports, relative to said
matter;
(g) Followin:J the presentation of all evidence am closin:J remarks,
the City Council considered the matter, am resolved as follows:
RESOWI'ION NO. 7433
IT IS HEREBY RESOLVED by the City Council of the city of OJpertino,
state of Califomia, as follows:
1. 'lbe followin:J finli.ngs of fact are hereby made:
(a) Notice of the tiIne am place of the hearin:J to abate, am
Resolution No. 7407 were duly am regularly posted am served, as
required by the provisions of Ordinance No. 794 of the City of
OJpertino, enacted on April 18, 1977.
(b) 'lbe fact that the shed located at 10038 Peninsula Boulevard
in the City of OJpertino, state of Califomia, is not at a proper
setback fran the fence line constitutes a public nuisance, in
that said condition constitutes a hazard to public health, safety
am general welfare, by reason of threatening the free use am
enjoyment of adjoinÍD:J property.
2. IT IS 'IHEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed co=ections arxJ¡or repairs,
necessary to OCJI!ply with the abatement order is as follows:
Re1roval of shed or mJVin:J to proper setback from the fence line
as prescribed by the Chief arildin:J Official.
(c) Arr;¡ property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is c:x:8II'leted
prior to February 16, 1988 at which tiIne, upon good cause shown,
may be exten:led for a reasonable tiIne by the City Council.
(d) If such public nuisance is not abated within such t:iJne or
arr¡ extension of t:iJne which may be granted, the Assistant to the
City Manager, shall, by city forces, or private contract, cause
the same to be abated.
RESOIlJI'ION NO. 7433
PASSED AND ADOPl'ED at
city of OJpertino this
followin:J vote:
a regular meetin:J of the City Council of the
1 hrh day of Fphr"~ry ,1988 by the
vote Members of the city Council
AYFS:
NOES:
ABSENT:
ABSTAIN:
Johnson, Koppel, Plungy, Rogers, Gatto
None
None
None
APPROVED:
Isl John Gatto
Mayor, City of OJpertino
ATI'EST:
Isl Dorothy Cornelius
City Clerk