12. 10593 Johansen Dr
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3182
FAX: (408)777-3174
CITY OF
CUPEIUINO
OFFICE OF CODE ENFORCEMENT
SUMMARY
AGENDA ITEM NO. 1.:2..
MEETING DATE: CLv:5lASt ISf )'(X)1o
SUBJECT
Public nuisance abatement: Public hearing to consider abating a public nuisance (bathtub. and
dilapidated perimeter wooden fence in view of the public right of way) at 10593 Johansen Drive (APN
37537053), James L. BurtzlafTproperty owner).
BACKGROtJND
Chapter 9.22 of the Cupertino Municipal Code defines Property Maintenance. Section 9.22.020 A states
that any exterior storage of any household appliances, equipment, machinery or furniture is considered a
public nuisance and prohibited as unlawful. Section 9.22,020 E states that structure in a state of
substantial deterioration or disrepair is considered a public nuisance and prohibited as unlawful. On
March 24, 2006 a complaint was received regarding the condition of this property. I researched this
property and found a prior complaint about weeds from May 2004. The weeds were eventually cut down
after notice was mailed to the owner.
March 24, 2006: I inspected the property and observed tall weeds and a bathtub and microwave stored in
view of the public right of way. A letter was drafted and mailed to the property o\vner(s) regarding the
condition of the property. In the letter, I gave a deadline of March 17, 2006 to cleanup the property.
Exhibit # 1
April J 8, 2006: I re-inspected the property and found no change in the condition of the property. I
spoke with the mailman and he stated that he does deliver mail to the house and he has heard of an
elderly man living inside the house.
April 26, 2006: I conducted a drive by inspection of the property and noticed that only a small section of
the weeds have been cut down.
May 2, 2006: I attempted to make contact with the homeowner. I heard a television on inside the house
and nobody answered the door after repeated knocking. I called the Sheriffs Office for a welfare check
on the resident. The deputy advised all the gates were locked shut and he was unable to determine if the
resident was at home.
May 5, 2006: A second letter was mailed to the property owner. In the letter, I gave a new deadline of
May 19,2006 to cleanup the property. l:xhibit #2
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Printed on Recycled Paper
June 2, 2006: I re-inspected the property and noticed that all the weeds had been cut down on the
property. The oven and bathtub were still present in view of the public right of way. I noticed support
boards holding up the fence and I suspect the bathtub is being utilized to hold up one side of the fence.
Third and final letter was drafted and mailed regular and certified mail. In the letter, I gave a new
deadline of June 16, 2006 to clean up the property. Exhibit #3
June 20, 2006: I re-inspected the property and noticed no change in conditions. Will prepare a staff
report. Left a voice mail message with Eileen Murray to give me a call regarding this case.
July 6, 2006: I re-inspected the property and took three (3) photographs of the property and prepared a
staff report. Exhibit #4
July 21, 2006: Mailed a copy of the resolution to the homeowner, regular and certified mail. Posted the
property and a photo was taken of the notice. Exhibit #5
July 25, 2006: Re-inspected the property and made contact with the homeowner outside the house. The
homeowner, James BurtzlafT told me the bathtub is actually a flowerpot and it has been sitting there for
years without a complaint. Mr. Burtzlaff advised he is going to try and repair the fence before the
council meeting.
August 3, 2006: Responded to the property along with the video department and noticed that the fence
was repaired. The bathtub was still sitting next to the fence in view of the public right of way.
STAFF RECOMMENDATION
Staff recommends that the City Council declare the property at 10593 Johansen Drive a public nuisance;
and furthermore, that the property owner be ordered to permanently abate said nuisance by
August 29, 2006 or City Staff will have said property cleaned up so no such property maintenance
violation exists: Furthermore, all costs of this action will be assessed to the property owner. Staff also
asks that the City Council order the property owners to maintain the property in the future to avoid a
recurring public nuisance.
Submitted by:
Approved for submission to the
City Council:
~
David W. Knapp
City Manager
11.- ::L
Report
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City of Cupertino
Parcel - Detail Report
Page 1 of 1
APN
Owner
In Care Of
Situs Address
Mail Address
Transfer Date
Document Number
Document Type
Price
Price Transfer Date
Prior Price
Sale Price. Full! Partial
Use Code
Tract And Lot
Census Tract
375 37 053
BURTZLAFF JAMES L
Assessed Total
Land Value
Improvement
Structure Value
Percent Improved
Home Owners
Exemption Type
Tax Rate Area
Tax Amount
Mapgrid
Sub plat
Phone
Owner Phone
Tenant Phone
10593 JOHANSEN DR CUPERTINO, CA 95014-3527
PO BOX 464 CUPERTINO CA 95015-0464
Oct 31 1973
4640471
A
$
01
1088 249
5080.02
District Data
School District
Elementary School
High School
Total Rooms 5
Bedrooms 3
Bathrooms 1
No. Of 1
Dining
Family
Rec Room
Utility Room
Fireplace
Pool N
Sauna
CUPERTINO UNION
FREMONT UNION
Lease SqFt
Office Sq Ft
Rental SqFt
Lot SqFt
Lot Acres
Lot
Cntrl
Bldg Class
Bldg Shape
Bldg
Bldg SqFt
Useable
Addition
6,098
.14
58xl07
HEAT ONLY
'45
i SQUARE
i AVG
907
,6,206
Ti'tle Company
Recorders Map Number:
Recorders Page
Number Of Buildings
Assessor Map
Assessor Map Index-IO
1
375'37.Ddf
375'1O.Ddf
$40,910
: $17,552
. $23,358
$
57%
$
13266
: $949
G2
408-996-0433
Fire
1st Floor 907
2nd Floor
3rd Floor
Elevator
Wall Height i 0
Utilities
Water
Electric
Gas Service
Year Built 1953
Effective 1953
Dishwasher
Tennis Ct
Frame Type WOOD
Total Units
Patio NO
Porch NO
Garage Type CARPORT
Garage ' 1
Garage SqFt, 225
http://mapguidesvr/ cupertinoassessor/home/XSL Transformer. aspx
/2-3
7/6/2006
PLEASE NOTE
This is a courtesy riotice intended to alelt
you to a Cupert~no Municipal Code
violation(s) on your propelty. Your
prompt attentipn to this matter is very
impoltant. It may prevent ~urt~er l~gal
action against you such as a CItatIOn, f1.n~,
nuisance abatement proceeding or CIVIl
action.
REQUIRED ACTION
Please correct the noted violation(s) by
Thank you for your cooperation. Citizens
and City staff working together help make
Cupertino an attractive place to live and
work!
Please call me if you have any questions.
Jeff Trybus
Code Enforcement Officer
(408) 777-3310 (408) 777-3174 fax
e-mail: jeffreyt@cupertino.org
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CUPEI\IINO
CODE ENFORCEMENT
COURTESY NOTICE
Please read this notice carefully. It
contains important information
. rega~ding a Cupertino MUI?-icipal Code
violation(s) observed on your property.
Address of violatIOn(s):
/Q.r:;Q3 JOAO)J~SUl
=~-fjJ~;VC: q5(J ILl -
. Dear Property Owner:
It has come to the attention of the Code
Enforcement Division that a violation(s)
exists on the property listed above. After
visiting your property, I found one or more
items that require correction. Please review
the checked boxes below.
o Garbage or Recycling containers shall
be placed at the authorized co11ection
station not more than 24 hours preceding
the scheduled co11ection time. Such
containers shall be removed from the
area within 24 hours after colkction.
CMC 6.24.070
o Frequency of Disposal. No more than
one week's accumulation of garbage
shall be kept or pennitted to remain
upon any premises in the City. At least
once a week, a11 garbage produced, kept,
deposited, placed or accumulated within
any premises shall be disposed of in
accordance with the provisions of this
chapter. CMC 6.24.050
~?k~~~!:~~r:;;w.;:Zf::rat~e ~::;:::~
machine, sink, stove, heater, boiler, tank,
or any other household appliance,
equipment, machinery or furniture for a
period in excess of 72 hours is
~ prohibited. CMC 9.22.020
~
X'~~~~::ii;~:;!;~~;~~~, wee~:a:;
other vegetation likely to cause a fire
or health hazard, an infestation or
habitat for rodents is prohibited.
CMC 9.22.020
~i.~;d~~~r~~~~~:n~~;:e~V~:~~~~
may be seed bearing or may attain
such large growth as to become a
\ fire hazard. CMC 9.08.010
DOn-Site Parldng. Storage of tT,\.~h
or debris in an open vehicle is
prohibited. CMC 19.100.030
~pen~~f~~jr;a~~g;~~~r~~:~~]:~~~~;
such as concrete or asphalt.
Vehicles may not park on the
front lawn or dirt areas. CMC
19.100.030
DOn-Site Parldng. No vehicle shall
be used for living or sleeping
quarters except that a bona fide
guest of a City resident for a period
not to exceed 72 hours may stay in a
trailer, camper or recreational
vehicle, which is on the resident's
property. CMC 19.100.030
o Property Maintenance. An
accumulation of litter, junk, machine
parts, scrap metal, waste paper,
boxes and cartons, packing
materials, combustible trash, tires or
vehicle parts is prohibited. CMC
9.22.020
o On-Site Parking. No more than
four vehicles may be parked within
the front yard setback. More
vehicles may be pennitted provided
they are stored in an enclosed
garage. CMC 19.100.030
o Graffiti. Property owners must remove
graffiti from their property wi thin IO
days of when they discover or should
have discoy.::red graffiti. Paint used to
cover the graffiti sha11 match the
original surface color to the extent
feasible. CMC 10.60.040 and CMC
10.60.050
o Shrubs, Hedges and Trees. No
owner or lessee of any premises
sha11 permit a tree limb to hang over
the public street or sidewalk, the
lowest part of which is less than ten
feet above the street or sidewalk
Furthermore, no shnilis or hedge~
shall overhang the street or sidewalk
or . impair traffic, pedestrians or
traffic control deyjces. CMC
14.08.020 .'.;
o Inoperative VehicIes. Storage of any
vehicle in a wrecked, dismantled or
inoperative condition' on private or
public ,property is prohibited. Vehicles
in such condition may be placed in an
enclosed building such as a garage.
CMC 11.04.019
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CITYOF
CUPEJ\IINO
Clty Hall
10300 Torre Avenue
Cupertino, CA 95014
Telephone (408) 777,3] 82
Fax: (408) 777,3174
CODE ENFORCEMENT DIV1Sl0N
May 5,2006
James L. B urtzlaff
P.O. Box 464
Cupertino, CA 95015
Re: Second Notification of Property Maintenance and Zoning Code Violations.
Dear Mr. Burtzlaff:
I mailed a courtesy brochure on March 24, 2006 regarding the condition of your property
located at 10593 Johansen Drive Cupertino. I re-inspected your property on May 2, 2006
and noticed that the violations have not been corrected. I observed an excessive
overgrO\vth of weeds on the property. I also observed piles of chopped up foliage in the
front yard. The oven and bathtub near your dilapidated fence has not been removed.
It appears the bathtub and pieces of wood are being utilized to keep your fence from
falling down. Upon my inspection of your residence, I observed a silver trailer parked on
the unpaved portion of your property.
Based upon my observations, the above conditions constitute a violation of the Cupertino
Municipal Code (CMC), as follows: .
1) Property Maintenance Code (Section 9.22 CMC).
2) Zoning Code, Parking Regulations (Section 19.100 CMC).
These code sections are intended to promote the health, safety, and welfare or persons
residing in Cupertino and to protect the neighborhoods against blighting conditions that
contribute to the downgrading of neighborhood aesthetics and property values.
Ponted on Recycled Paper
(2-ft:;
10S93 Johansen Dr.
Page 2
The aforementioned municipal codes makes it unlavnul and a public nuisance to keep or
maintain any property that has an accumulation of household equipment, appliances,
debris and junk in view of the public. The code also requires that all vehicles must be
parked on an impervious or semi-impervious surface.
To comply with the municipal code you must:
1) Remove the oven and bathtub from the front yard.
2) Cut down all overgrown 'Needs and remove the piles of foliage from the property.
3) Place the silver trailer on an impervious or semi-impervious surface.
4) Replace or repair the dilapidated wooden fence.
S) Once the properiy is in compliance, maintain the property in a manner consistent
with the provisions of the municipal code.
I will give you time to bring your properiy into compliance with the codes. I will re-
inspect your property on Friday, May 19, 2006.
Please have the violations conected by that date. Failure to do so will result i11 further
legal action including costly abatement proceedings and/or a citation being issued for
each day the violations exists. I have enclosed copies of the ordinances for your revin7-,'.
Should you have any questions or concerns, I can be contacted at (408) 777-3310.
Enclosure
12-1
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city OF
CU PEI\IINO
City Hall
] 0300 Torre Avenue
Cupertino, CA 950] 4
Telephone (4-081777,3] 82
Fax: (408) 777,3] 74
CODE ENFORCEMENT DIVISION
May 5,2006
James L. Burtzlaff
10593 Johansen Dr.
Cuperiino, CA 95014
Re: Second Notification of Property Maintenance and Zoning Code Violations.
Dear Mr. B urtzlaff:
I mailed a comiesy brochure on March 24, 2006 regarding the condition of your property
located at 10593 Johansen Drive Cupertino. I re-inspected your property on May 2, 2006
and noticed that the violations have not been corrected. I observed an excessive
overgrowth of weeds on the property. I also observed piles of chopped up foliage in the
front yard. The oven and bathtub near your dilapidated fence has not been removed.
It appears the bathtub and pieces of wood are being utilized to keep your fence from
falling dovm. Upon my inspection of your residence, I observed a silver trailer parked on
the unpaved pOliion of your property.
Based upon my observations, the above conditions constitute a violation of the Cupertino
Municipal Code (CMC), as follows:
1) Property Maintenance Code (Section 9.22 CMC).
2) Zoning Code, Parking Regulations (Section 19.100 CMC).
These code sections are intended to promote the health, safety, and welfare or persons
residing in Cupertino and to protect the neighborhoods against blighting conditions .that
contribute to the dovmgrading of neighborhood aesthetics and property values.
(2-(
Printed on Recycled Paper
10593 ] ohansen Dr.
Page 2
The aforementioned municipal codes makes it unlawful and a public nuisance to keep or
maintain any property that has an accumulation of household equipment, appliances,
debris and junk in view of the public. The code also requires that all vehicles must be .
parked on an impervious or semi-impervious surface.
To comply with the municipal code you must:
1) Remove the oven and bathtub from the front yard.
2) Cut down all overgrown weeds and remove the piles of foliage from the property.
3) Place the silver trailer on an impervious or semi-impervious surface.
4) Replace or repair the dilapidated wooden fence.
S) Once the property is in compliance, maintain the property in a manner consistent
with the provisions of the municipal code.
I will give you time to bring your property into compliance with the codes. I will re-
inspect your property on Friday, May 19,2006.
Please have the violations corrected by that date. Failure to do so will result in further
legal action including costly abatement proceedings and/or a citation being issued for
each day the violations exists. I have enclosed copies of the ordinances for your review.
Should you have any questions or concems, I can be contacted at (408) 777-3310.
Enclosure
(1.-1
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CITY OF
CUPEI\IINO
City Hall
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3182
Fax: (408) 777-3174
...;.i.
CODE ENFORCEMENT DIVisION
June 2, 2006
James L. Burtzlaff
10593 Johansen Dr.
Cupertino, CA 95014
Re: Third & Final Notification of Mun~cipal Code Violation
Dear Mr. Burtzlaff:
On March 24,2006 you were mailed a courtesy brochure regarding the condition of your
property. On May 5, 2006 you were mailed a second notice asking you to correct the
violations that exist on your property. On June 2, 2006, I conducted another inspection of
your property and noticed that the violation still exists. The property in question is
located at 10593 Johansen Drive.
Please call me upon receiving this letter in order for us to discuss this situation and come
up with a solution. Failure to make contact will result in a final inspection on Friday,
June 16,2006. By not complying with the Cupertino Municipal Code, you will be
subject to further legal action including a costly nuisance abatement proceeding; citations
being issued for each day the violation exist. Should this occur, you will be liable for all
costs incurred, inch.;ding staff administrative and inspection time.
Please contact me at (408) 777-3310. Your anticipated cooperation is appreciated. I have
also enclosed copies of my prior letters for your review and a copy of the Property
Maintenance Code.
Cc: Eileen Murray, Assistant City Attorney
enclosures
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CITY OF
CUPEI\TINO
City Hall
10300 Torre A venue
Cupertino, California 95014
Telephone: (408) 777-3182
Fax: (408) 777-3174
,j,
CODE ENFORCEMENT OrZ-rSION
June 2, 2006
CERTIFIED MAIL
James L. Burtzlaff
10593 Johansen Dr.
Cupertino, CA 95014
Re: Third & Final Notification of Municipal Code Violation
Dear Mr. Burtzlaff:
On March 24, 2006 you were mailed a courtesy brochure regarding the condition of your
property. On May 5, 2006 you were mailed a second notice asking you to correct the
violations that exist on your property. On June 2, 2006, I conducted another inspection of
your property and noticed that the violation still exists. The property in question is
located at 10593 Johansen Drive.
Please call me upon receiving this letter in order for us to discuss this situation and come
up with a solution. Failure to make contact will result in a final inspection on Friday,
June 16,2006. By not complying with the Cupertino Municipal Code, you will be
subject to further legal action including a costly nuisance abatement proceeding; citations
being issued for ea\;h day the violation exist. Should this occur, you will be liable for all
costs incurred, including staff administrative and inspection time.
"
Please contact me at (408) 777-3310. Your anticipated cooperation is appreciated. I have
'also enclosed copies of my prior letters for your review and a copy of the Property
Maintenance Code.
Cc: Eileen Murray, Assistant City Attorney
enclosu~es
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CITY OF
CUPEIQ"INO
City Hall
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3182
Fax: (408) 777-3174
,..
1"
CODE ENFORCEMENT DIVISION
June 2, 2006
James L. Burtzlaff
P.O. Box 464
Cupertino, CA 95014
Re: Third & Final Notification of Municipal Code Violation
Dear Mr. Burtzlaff:
On March 24, 2006 you were mailed a courtesy brochure regarding the condition of your
property. On May 5, 2006 you were mailed a second notice asking you to correct the
violations that exist on your property. On June 2, 2006, I conducted another inspection of
your property and noticed that the violation still exists. The property in question is
located at 10593 Johansen Drive.
Please call me upon receiving this letter in order for us to discuss this situation and come
up with a solution. . Failure to make contact will result in a final inspection on Friday,
June 16,2006. By not complying with the Cupertino Municipal Code, you will be
subject to further legal action including a costly nuisance abatement proceeding; citations
being issued for each day the violation exist. Should this occur, you will be liable for all
costs incurred, including staff administrative and inspection time.
.,'
Please contact me at (408) 777-3310. Your anticipated cooperation is appreciated. I have
'also enclosed copies of my prior letters for your review and a copy of the Property
Maintenance Code.
Cc: Eileen Murray, Assistant City Attorney
enclosures
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RESOLUTION NO. 06-132
A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING
INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE
AT 10593 JOHANSEN DRIVE, APN 375 37 053,
BA THTUB AND DELAPIDA TED PERIMETER WOODEN FENCE ON THE
PARCEL IN VIEW OF THE PUBLIC RIGHT OF WAY
JAMES L. BURTZLAFF PROPERTY OWNER
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 oflife or property; and
WHEREAS, there exists bathtub and dilapidated wooden fence in view of the
public right of way on parcel 375 37053; and
WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a
public hearing to determine whether or not said conditions constitute a public nuisance
and, if said determination is made, the City Council shall require abatement of said public
nuisance by immediate repair of the wooden fence and removal of the bathtub in view of
the public right of way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does, upon adoption of this resolution, establish the date of August 15, 2006,
6:45 p.m., (or as soon as the matter can be heard) as the time and 10350 Torre Avenue,
Cupertino, California 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of July 2006 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, K wok, Mahoney
None
Sandoval
None
ATTEST:
APPROVED:
. /s/ Kimberly Smith
/s/ Richard Lowenthal
City Clerk
Mayor, City of Cupertino
r,) -It
DRAFT
RESOLUTION NO. 06-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10593 JOHANSEN
DRIVE (APN 375-37-053), JAMES L. BURTZLAFF PROPERTY OWNER
RECITALS:
(a) On July 18, 2006, the City Council of the City of Cupertino adopted its
Resolution No. 06-132 (attached) declaring a public nuisance at 10593 Johansen Drive
because of a dilapidated perimeter wooden fence and bathtub in view of the public right
of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on July 18, 2006, at 6:45 p.m., in the Council Chamber, in the Community Hall,
located at 10350 Torre Avenue;
(c) The following members of the City Council were present: Lowenthal,
Wang, K wok, Mahoney;
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Director of Administrative Services Carol Atwood, City
Clerk Kimberly Smith, and City Attorney Charles Kilian;
(e) The following interested persons were also present: None present;
(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. 06-132 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
(b) Dilapidated perimeter wooden fence and bathtub in view of the
public right of way on parcel 375-37-053 located at 10593 Johansen Drive in the City of
Cupertino, State of California, constitutes a public nuisance, in that said obstruction
constitutes a hazard to public health, safety and general welfare, by reason of threatening
{2-1 q
Resolution No. 06-132
Page 2
the free use and enjoyment of adjoining property and a possible sight obstruction for
vehicular traffic.
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:
· Removal or repair of the dilapidated perimeter wooden fence and
removal ofthe bathtub in view of the public right of way at 10593
Johansen Drive by August 29,2006.
(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 that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
( e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance.
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day
of August 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
J )- :2D