CC Resolution No. 6990
RESOLUTION NO. 6QQO
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ORDERING ABATEMENT OF
PUBLIC NUISANCE CONSISTING OF FIRE CODE
VIOLATIONS AT THE PEACOCK LOUNGE, AT
19980 HOMESTEAD ROAD
RECITALS:
(a) On September 15, 1986, the City Council of
the City of Cupertino adopted its Resolution No. 6975, 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 hearing with respect thereto on
October 6, 1986, at 6:45 p.m. in the Council Chambers,
in the City Hall, located at 10300 Torre Avenue:
(c) All members of the City of Council Council
were present;
(d) The following members of the City's staff,
among others, were present:
1.
Barbara K. Brown, Assistant to the City
Manager;
2.
Betty Lapic, Code Enforcement Officer;
3.
Dorothy Cornelius, City Clerk;
4.
5.
Charles T. Kilian, City Attorney;
Peggy M. Cocker, Deputy City Attorney,
and
(e) The
Fire Protection
present:
following fire inspector of the Central
District of Santa Clara County was
1.
Inspector Tom Von Joo-Tornell.
(f) The following interested persons were also
present:
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(g) After hearing opening remarks, the City
Council heard and considered all relevant evidence
including, but not limited to, testimony under oath from
owners, witnesses and interested parties, as well as
received into evidence exhibits and staff reports,
relative to said matter.
(h)
and closing
matter, and
Following the presentation of all evidence
remarks, the City Council considered the
resolved as follows:
IT IS HEREBY RESOLVED by the City Council of the
City of Cupertino, State of California, as follows:
1. The following findings of fact are hereby
made:
(a) Notice of the time and place of the
hearing to abate, and Resolution No. 6975 were duly and
regularly posted and served as required by Cupertino
Municipal Code Section 1.09.70.
(b) The serious fire code violations
present at the Peacock Lounge at 19980 Homestead Road
in the City of Cupertino, State of California constitute
a public nuisance in that they pose a threat to public
health, safety, and general welfare by increasing the
chances of fire and failing to provide adequate safety
and protective measures.
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections
and/or repairs necessary to comply with the abatement
order is as follows:
16.20.010 Cupertino City Ordinance--'82 UNIFORM
PLUMBING CODE adopted by reference
(4 cts.)
601(b)
1004(a)
1307(a)
1314(b)
1002(a)
UPC Airgap required on food-waste systems
UPC Mixing of dissimilar metal in piping
UPC Sufficient combustion/venting alr
required to vent to exterior of building
UPC Wall-vent connector requires approved
method of securing
UPC Backflow-preventer required at sink
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16.16.010 Cupertino City Ordinance--'84 NATIONAL ELECTRICAL
CODE adopted by reference
110-16(a)
NEC Required to maintain 36" clearance in
front of electrical panel
NEC Required that electrical panel be
free of debris
NEC Extension cords improperly used as
substitute for fixed wiring
NEC Extension cords improperly running
through ceiling holes
NEC Extension cords, unsuitable use and
location
NEC Extension cords, required markings
110-12
400-8 (1)
400-8 (2)
400-3
400-6
16.04.010 Cupertino City Ordinance--'82 UNIFORM BUILDING
CODE adopted by reference
3305 (b) UBC 44" corridor required for exit
corridor
301 (a) UBC Building permit required
305 (g) UBC One-hour fire resistant walls
required in corridor
3303 (e) UBC Exit through adjoining storage rooms
and obstructions in egress prohibited
16.24.010 Cupertino City Code--'82 UNIFORM MECHANICAL CODE
adopted by reference
104 (d) UMC Heating and air-condition units must
be properly maintained and air inlets free of dirt
16.40.010 Cupertino City Ordinance--'82 UNIFORM FIRE CODE
adopted by reference
1. Exit door required at the rear of the exit
corridor (next to the bathroom). UFC 82 Sec. 12.104.
2. Exit door must be of approved size per UBC
3304(e) and equipped with panic hardware. UFC 82 Sec.
25.106(b2).
3. Approved 20-minute door assembly with automatic
closing device required to separate kitchen area from exit
corridor. UFC 82 Sec. 12.104 and UBC 3305(h).
4. Illuminated, approved exit signs required. UFC
82 12.114(a) 12.113A.
5. Exit corridor required to be free of all
obstruction and combustible material. UFC 82 Secs.
12103(e), 12.103(a) and 25,109.
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(c) The property owner of the affected
premises shall have the right to have the public
nuisance, as declared, abated, provided the same is
completed prior to the expiration of not to exceed
fifteen (15) calendar days after date of adoption of
this Resolution, which time, upon good cause shown may
be extended for a reasonable time by the City Council.
(d) If such public nuisance is not abated
within such time or extension of time which may be
granted, the City Attorney shall seek to have the
affected owner's license to sell alcoholic beverages or
intoxicating liquors suspended or revoked by the
Department of Alcoholic Beverages control pursuant to
Business and Professions Code Section 24200.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Cupertino this 6th day of
October 1986 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Gatto, Johnson, Plungy, Sparks, Rogers
None
None
None APPROVED:
/s/ Barh~r~ A. Ro~p-r~
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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.'
RESOLUTION NO. 6975
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO DECLARING INTENT TO
CONDUCT A PUBLIC HEARING CONCERNING A
NUISANCE TO BE ABATED AT THE PEACOCK
LOUNGE.AT 19980 HOMESTEAD ROAD
The City Council of the City of Cupertino resolves
as follows:
WHEREAS, the Peacock Lounge located at 19980
Homestead Road is in violation of numerous provisions of
Chapters 16.04, 16.16, 16.20, 16.24, and 16.40 of the
Cupertino Municipal Code which adopts by reference the
Uniform Fire Code, Building Code, Plumbing Code,
Electrical Code and Mechanical Code; and
WHEREAS, the condition of the premises is a hazard
to health, safety and public welfare in that portions of
the premises were not built and/or have not been
maintained up to the standards of the Cupertino
Municipal Code and serious fire safety deficiencies are
present; .. and
WHEREAS, the property owners have failed to take
any steps to remedy these code violations; and
WHEREAS, as provided by Cupertino Municipal Code
Section 1.09.080, the City Council shall hold a public
hearing to determine whether or. not said situation
constitutes a public nuisance and, if said determination
is made, the City Council shall require the abatement of
said public nuisance by correction of said code
deficiencies, and
o
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" :
-,
NOW, THEREFORE, B~ IT RESOLVED that the City
Council of the City of Cupertino does, upon adoption of
this Resolution. establish the date of October 6. 1986
6:45 p.m.. as the time and 10300 Torre Avenue as the
place wherein public testimony will be taken relative to
the determination as to whether or not the above-
described structure is a public nuisance and, if so
determined, what type of abatement procedure will be
necessary.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Cupertino this ~hday of
September
. 1986 by the following vote:
Vote
Members of the City Council
AYES:
Gatto. Johnson, Plungy, Sparks, Rogers
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
/s/ Barbara A. Rogers
Mayor. City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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