Loading...
CC Resolution No. 7402 RFSOIlJI'ION NO. 7402 A RFSOIlJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF OJ~='.lI'iO ORDERING ABATEMENT OF RJBLIC NUISANCE Nr æRISTIAN œuRŒ OF aJPERTlllO, 20075 13OLLn'iGER ROAD RECITAIS : (a) on November 16, 1987, the City Council of the City of OJpertino adopted its Resolution No. 7361, a copy of which is attached hereto am made a part hereof by reference; (b) Pursuant thereto, the city Council of the City of 0Jpertin0 held a hearÍD:J with respect thereto, on January 4, 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 followÍD:J members of the city's staff, am:>ng others, were present: 1. BaIbara K. BrcMn, Assistant to the city Manager 2. Dorothy Cornelius, City Clerk 3. Chuck Kilian, city Attorney (e) 'lbe followÍD:J interested persons were also present; Rev. wilbur Garlick, 20075 BollÍD:Jer Road Eleanor Werner, 20076 La Roda Court. Rose Hinders, 10775 La Roda Drive Billie Cramb, 20090 La Roda Court (f) After hearÍD:J openi.ng remarks, the city Council heard am considered all relevant evidence incl\.Id:in;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) FollowÍD:J the presentation of all evidence am closÍD:J remarks, the City Council considered the matter, am resolved as follows: RESOIlJI'ION NO. 7402 IT IS HEREBY RESOLVED by the City Council of the City of cupertino, state of Califomia, as follows: 1. 'lbe followin:J finli.ngs of fact are hereby made: (a) Notice of the t:iJne am place of the hearin:J to abate, am Resolution No. 7361 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 grouni level at 20075 Bollin:Jer :Road in the City of 0Jpertin0, state of Califomia, is significantly higher than surrc:Jl11'ñi.n property constitutes a public nuisance, in that said con:lition causes drainage problems for neighbors am constitutes a hazard to public health, safety am general welfare, by reason of threateni.ng the free use am enjoyJœnt of adjoinÍD:J property. 2. IT IS 'IHEREFO.RE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the n~<ed corrections arrljor repairs, necessary to comply with the abatement order is as follows: Installation of a french drain as prescribed by the Public Works Department am reworkin:J of on-site drains.. (c) Arry property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed prior to January 31, 1988 at which time, upon good cause shown, may be exterrled for a reasonable t:iJne 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. RESOIlJI'ION NO. 7402 PASSED AND AOOPI'ED at a regular meetirY;J of the city Council of the City of OJpertino this 4th day of January, 1988 by the follOWÍD:J vote: Vote Members of the City Council AYES: Johnson, Koppel, Plungy, Rogers, Gatto NOES: None ABSENT: None ABSTAIN: None APPROVED: /s! John Gatto Mayor, City of OJpertino ATI'EST: Isl Dorothy Cornelius City Clerk