CC Resolution No. 98-048RESOLUTION NO. 98-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE
AT 7526 RAINBOW DRIVE
RECITAL S:
(a) On January 5, 1998, the City Council of the City of Cupertino adopted its
Resolution No. 98-012, a copy of which is attached hereto and made a part thereof by
reference;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on February 2, 1998, at 6:45 p.m., in the Council Chambers, in the
City Hall, located at 10300 Torre Avenue;
(c) The following members of the City Council were present:
(d) The following members of the City's staff, among others, were present:
1. Director of Administrative Services Carol Atwood
2. City Clerk Kim Smith
3. City Attorney Charles Kilian
(e) The following interested persons were also present: None
(f) 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 parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved 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. 98-012 were duly and regularly posted and served, as required by the
provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977.
Resolu6on No. 9g-O4g Page
(b) The large amount of debris/trash and discarded items stored in the
rear yard, and an inoperative/unregistered vehicle (green Datsun pickup) full of debris in
the driveway on parcel 366-11-045 located at 7526 Rainbow Drive in the City of
Cupertino, State of California, constitute a public nuisance, in that said storage
constitutes a hazard to public health, safety and general welfare, by reason of threatening
the free use and enjoyment of adjoining property.
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:
Remove and dispose of the trash and debris and the inoperative/unregistered vehicle
causing the public nuisance by February 16, 1998
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) 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 any
extension of time which may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of February, 1998, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
_ _~.,~_OVED: ~,, ~
Mayor, City of Cupertino
RESOLUTION NO. 98-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC
HEARING CONCERNING A NUISANCE ON PARCEL
366-11-045, 7526 RAINBOW DRIVE, LARGE AMOUNT OF
DEBRIS/TRASH AND DISCARDED ITEMS STORED IN THE
REAR YARD; INOPERATIVE/UNREGISTERED VEHICLE
(GREEN DATSUN PICKUP) FULL OF DEBRIS IN
DRIVEWAY
WHEREAS, Section 1.09.03A 'of the Cupertino Municipal Code defines a
nuisance as anything which is declared by the City Council to be or likely to become
injurious to the senses, or an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property; and
WHEREAS, there exists a large amount of debris/trash and discarded items stored
in the rear yard, and an inoperative/unregistered vehicle (green Datsun pickup) full of
debris in driveway on parcel 366-11-045; and
WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a
public hearing to determine whether or not said condition constitutes a public nuisance
and, if said determination is made, the City Council shall require abatement of said public
nuisance by immediate removal of all debris/trash, and immediate removal or repair and
registration of the inoperative/unregistered vehicle.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does, upon adoption of this resolution, establish the date of February 2, 1998,
6:45 p.m., as the time and 10300 Torre Avenue, Cupertino, Califomia as the place
wherein public testimony will be taken relative to the determination as to whether or not
a public nuisance exists and if so determined, what type of abatement is necessary.
' P~esolutlon lqo. 9g-O ! ~ Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of January, 1998, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ Michael Chang
Mayor, City of Cupertino
g:cityclerk/roberta/resoluti/res98-0 i 2.rtf