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