12. Brush abatement
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City Hall,
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408)777-3366
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CUPERJINO
OFFICE OF THE CITY CLERK
Agenda Item No. /.:2.
MEETING DATE: June 6,2006
SUBJECT
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. 06-081.
BACKGROUND
On May 2,2006, Council adopted Resolution No. 06-081 setting a hearing to consider any objections
of property owners to the proposed removal of brush. After adoption of that resolution the Santa
Clara County Agricultural Commissioner and the Cupertino City Clerk's Office sent notice of the
abatement program and hearing to the property owners on the notification list. A copy of the notice is
attached.
STAFF RECOMMENDATION
Note protest(s) and adopt Resolution No. 06-/ð 'I ordering abatement of public nuisance (brush).
Submitted by:
Approved for submission to the City Council:
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Kimberly Smith
lerk
David W. Knapp, City Manager
Printed on Recycled Paper
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APN OWNER PROPERTY CITY AND OWNER
NAME ADDRESS ZIP ADDRESS
366-09-048 MARDESICH 11209 STAUFFER LN CUPERTINO, 11209
CA 95014 STAUFFER LN
366-39-002 NELLIS 22304 REGNART RD CUPERTINO, PO BOX 214
KATHY E CA 95014 CUPERTINO,
CA 95015
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Dear property owner,
Your property located in the hillside area was recently inspected by Santa Clara County
Agricultural Commissioner and found to not be in satisfactory compliance with the
Hazardous Fire Area safety regulations. Enclosed is notice indicating the corrections that
are necessary.
Please note that a hearing will be held during the City of Cupertino Council meeting on
June 6, 2006 at 6:45 p.m., 10350 Torre Avenue, Cupertino, CA. At that time, or as soon
thereafter as the matter can be heard, all properties identified by the Agricultural
Commissioner as being non-compliant with Hazardous Fire Area safety regulations will
be declared to have hazardous conditions r\Xluiring abatement. An additional inspection
of all identified properties will be conducted after the hearing and prior to ordering any
abatement work. If your property is found to be in compliance at the time of the re-
inspection or upon the arrival of the abatement contractor, no work will be done and no
charges will be imposed.
If the compliance work identified for your property involves brush or weed removal, you
may request the services of the approved County of Santa Clara abatement contractor. If
you are interested in this service, please call the Hazardous Vegetation Service line at
(408) 282-3145 to request more information and/or to schedule an inspection
appointment for a cost estimate.
If you should have any questions about the information on this notice, please contact the
Santa Clara County Department of Agriculture, Hazardous Vegetation Management
Program at (408) 918-4600.
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CUPEIQ1NO
Notice To Destroy Brush
NOTICE IS HEREBY GIVEN that on May 2,2006, 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 any 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 owners shall without delay, remove all such brush
ITom their property and the abutting half of the street in ITont 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 ITont or rear 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 roll 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., Cupertino, California, on Tuesday, June 6, 2006 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.
/s/ Kimberly Smith
City Clerk
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DRAFT
RESOLUTION NO. 06-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 06-081
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 06-081 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on June 6, 2006; 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:
I. 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
enter 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.
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Resolution No. 06-104
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 6th day of June 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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RESOLUTION NO. 06-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY
TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR
OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, brush is growing in the City of Cupertino upon certain streets, sidewalks, highways,
roads and private property; and
WHEREAS, said brush may attain such growth as to become a fIre menace or which are
otherwise noxious or dangerous; and
WHEREAS, said brush constitutes a public nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as
follows:
1. That said brush does now constitute a public nuisance;
2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property
more particularly described by common names or by reference to the tract, block, lot, code area,
and parcel number on the report to be provided by the Agricultural Commissioner;
3. That the 6th day of June, 2006, at the hour of 6:45 p.m., or as soon thereafter as the matter can be
heard, in the Council Chamber in the Community Hall, City of Cupertino, are hereby set as the
time and place where all property owners having any objections to the proposed removal of such
brush may be heard;
4. That the Senior Building Inspector-Agricultural Commissioner is hereby designated and ordered
as the person to cause notice of the adoption of this resolution to be given in the manner and form
provided in Sections 9.08.040 of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cupertino this 2nd day
of May 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
/slKimberly Smith
/s/Richard Lowenthal
City Clerk
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Mayor of Cupertino
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