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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