18. Brush abatement hearingOFFICE OF THE Cl'fY CLERK
CUPERTINO
Agenda Item No. ~ 8
SUBJECT
MEETING DATE: June 2, 2009
Consider objections to the proposed removal of brush, and adopt a resolution ordering the
abatement of a public nuisance {city-wide brush abatement) pursuant to provisions of Ordinance
No. 724 and Resolution No. 08-064, Resolution No. 08-084.
BACKGROUND
On May 5, 2009, Council adopted Resolution No. 08-064 setting a hearing to consider any
objections of property owners to -the proposed removal of brush. After adoption of that resolution
the Cupertino City Clerk's Office sent notice of the abatement program and hearing to the properly
owners on the notification list.
STAFF RECOMMENDATION
Note protest{s) and adopt Resolution No. 08-061 ordering abatement of public nuisance (brush).
Submitted by:
Approved for submission to the City Council:
_~~~
Kimberly Smi City Clerk David W. Knapp, City Manager
Attachment A: Resolution No. 09-084
Attachment B: Brush Abatement Notification Report
Attachment C: Notice of Hearing to Destroy Brush
Attachment D: Affidavit of Mailing
CITY HALL
10300 TORRE AVEtdUE • CUPERTINO, CA 950143255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
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,~T ATTACHMENT A
RESOLUTION N0.09-084
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING
ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF
ORDINANCE N0.724 AND RESOLUTION N0.09-464
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 09-064 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on June 2, 2009; and
WHEREAS, from the evidence presented, both oral and' written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Agricultural Commissioner is hereby ordered to
abate such nuisance or cause the same to be abated by having the brush referred to
destroyed or removed by cutting, discing, chemical spraying or any other method
determined by him; that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express authorization to
en#er upon said private properties for the purpose of causing said public nuisance to be
abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Agricultural Commissioner or his authorized
representative to destroy or remove them.
BE IT FURTHER RESOLVED:
1. 'that the Office of the Agricultural Commissioner shall keep account of
abating said nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
~s-z
Resolution No. 09-
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 2nd day of June 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
t~,PPROVED:
i~~iayor, City of Cupertino
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ATTACHMENT B
2009 BRUSH ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF CUPERTINO ---
Situs APN ~,,, CITY/STATE
10651 SANTA LUCIA RD 342-17-069 DWIDAR AHMED M & PAHMI AZZA H 10651 SANTA LUCIA RD CUPERTINO, CA. 95014-3937
10751 SANTA LUCIA RD 342-17-090 MADAN VIRANJIT S & SMITH 10751 SANTA LUCIA RD CUPERTINO, CA. 95014-3939
10611 SANTA LUCIA RD 342-17-095 HUNTS SUSAN E ETAL 10611 SANTA LUCIA RD CUPERTINO, CA: 95014-3937
22994 STANDING CT 342-50-009 JOHNSON THOMAS E 22994 STANDING OAK CT CUPERTINO, CA. 95014-2660
23026 VOSS AV 342-50-016 TSAI VICKY T H ETAL ~ .23026 VOSS AV CUPERTINO, CA 95014-2663
A
5 Records Santa Clara County Weed Abatement Program psgg ~
ATTACHMENT C
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVE~JUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
Notice of Hearing to Destroy Brush
NOTICE IS HEREBY GIVEN that on May 5, :2009, pursuant to the provisions of Section 9.08 of
the Cupertino Municipal Code, the Cupertino City Council passed a resolution declaring that all
brush growing on certain described property to be a public nuisance and setting hearing for
objections to proposed removal growing upon piny private property or in any public street or alley,
as defined in Section 9.08.010 of the Cupertino Municipal Code constitute a public nuisance, which
nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property ~~wners shall without delay, remove alI such brush
from their property and the abutting half of the street in front and alleys, if any, behind such
property and between the lot lines thereof as extended, or such brush will be destroyed or removed
and such nuisance abated by the County Agricultural Commissioner, in which case the cost of such
destruction or removal will, including but not limited to administration costs, be assessed upon the
lots and lands from which, or from the front or 3~ear of which, such brush shall have been destroyed
or removed and such cost will constitute a lien upon such lots or lands until paid and will be
collected upon the next tax roil upon which general municipal taxes are collected.
All property owners having any objections to thE; proposed destruction or removal of such brush are
hereby notified to attend a meeting of said City to be held in the Council Chamber of the
Community Hall, located at 10350 Torre Ave., (~upertino, California, on Tuesday, June 2, 2009 at
6:45 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and
given due consideration.
C~ G~-- ~~
Grace Schmidt
Deputy City Clerk
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ATTACHMENT D
CUPERTINO
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-33fi6
AFFIDAVIT OF MAILING
Notice of Hearing to Destroy Brush
Grace Schmidt, Deputy City Clerk, declares as follows:
• That she is a citizen of the United States, over the age of 18 years, that at ali times herein
mentioned was anemployee /agent of the City of Cupertino.
• That on May 21, 2009 she caused to be deposited in the United States Post Office,
California, a Notice of Hearing, a copy of which is attached hereto.
• That said mailing list has been provided by the Agricultural Commissioner and lists the
owners of property who are entitled to Notice of Hearing to Destroy Brush.
• That on said day, there was a regular communication by Unites States mail between
Cupertino, California and the addresses shown on the attached mailing list.
I declare under penalty of perjury that the foregoing is
true and correct.
Date: °Z ~ ~~
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
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