CC Resolution No. 7375
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RESOIImON NO. 7375
A RESOIImON OF 'IHE CITY aJUNCIL OF 'IHE CITY OF Œlr>ud'INO
ORDERING ABATEMENT OF PUBLIC NUISANCE Kr 22356 HCME'STEAD :ROAD
RECITAIS :
(a) On October 19, 1987, the city council of the City of CUpertino
adopted its Resolution No. 7343, a copy 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 hearll1g with respect thereto, on November 16, 1987, at 6:45 p.m., in the
Council Chambers, in the city Hall, located at 10300 Torre Avenue;
(0) All members of the city council were present;
(d) The follOW'll1g members of the City's staff, among others, were
present:
1. Bamara K. Brown, Assistant to the city Manager
2. O1arles Kilian, City Attorney
3. Dorothy Cornelius, City Clerk
(e) The follOW'll1g interested persons were also present;
Carl Kaiser I 22330 Homestead Road, CUpertino
(f) After hearll1g openin;J remarks, the City council heard and
considered all relevant evidence includll1g, but not limited to, testimony
under oath from owners, witnesses and parties interested, as well as
received into evidence exhibits and staff reports, relative to said
matter;
(g) FollOW'll1g the presentation of all evidence and olosll1g remarks,
the City council considered the matter, and resolved as follO\llS:
RESOIDl'ION NO. 7375
IT IS HEREBY RESOLVED by the city Council of the City of CUpertino,
state of California, as follows:
1. '!he following fin:lings of fact are hereby made:
(a) Notice of the time an:i place of the hearing to abate, an:i
Resolution No. 7343 were duly an:i regularly posted an:i sezved, as
required by the provisions of Ordinance No. 794 of the City of
CUpertino, enacted on 1Ipril 18, 1977.
(b) '!he aCCUIIU.Ùation of uncontainerized trash an:i high weeds at
22356 Homestead Road in the City of CUpertino, state of
California, constitutes a public nuisance, in that said trash
constitutes a hazard to public health, safety an:i general
welfare, by reason of threatening the free use an:i enjoyment of
adjoining property.
2. IT IS 'IHEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the r>æded corrections an:J¡or repairs,
necessaIy to CClItq:>ly with the abatement order is as follows:
ReIrDval of the trash an:i weeds located at 22356 Homestead Road.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is CClItq:>leted
prior to the expiration of not to exceed seven (7) calerdar days
after date of adoption of this Resolution, which time, upon good
cause shown, may be exten:ied for a reasonable time 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. 7375
PASSED AND AOOPl'ED at a regular meetin;¡ of the City Council of the
city of CUpertino this 16th day of November, 1987 by the following vote:
Vote
Members of the City Council
Johnson, Koppel, Plungy, Rogers, Gatto
AYES:
NOES:
None
ABSENT: None
ABSTAIN: None
APPROVED:
/5/ John M. Gatto
Mayor, City of CUpertino
A'ITEST:
/5/ Ihrothv Cornelius
City Clerk