13. 10200 Stern Ave
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3182
FAX: (408)777-3174
CITY OF
CUPEIQINO
OFFICE OF CODE ENFORCEMENT
SUMMARY
AGENDA ITEM NO. 13
MEETING DATE: ~ \AJt IS( l{JO~
SUBJECT
Public nuisance abatement: Public hearing to consider abating a public nuisance (weeds, carpet rolls,
dead tree branches, junk and debris stored in view of the public right of way) at 10200 Stern Ave. (APN
375 12002, Patrick Mc Grath property owner).
BACKGROUND
Chapter 9.22 of the Cupertino Municipal Code ddines Property Maintenance. Section 9.22.020 (B)
states any accumulation of glass, paper, metal, plastic or other recyclables is considered a public
nuisance and prohibited as unlawful. Section 9.22.020 (C) states any dead decayed or diseased trees,
weeds or other vegetation likely to cause a fire or health hazard, an infestation or habitat for rodents is
considered a public nuisance and prohibited as unlawful. Section 9.22.020 (D) states any accumulation
of litter, scrap material and waste paper is considered a public nuisance and prohibited as unlawful.
May 9, 2006: a complaint was received regarding carpet rolls, trash and a possible dead tree on the
property. Upon researching this address, I found (4) four previous cases for trash and weeds, The
violations were eventually corrected after notices were sent to the property owner. I inspected the vacant
lot and made contad with the reporting party.
May 11, 2006: A letter was drafted and mailed to the prope11y owner regarding the condition of his
vacant lot. In the letter, I gave a deadline of May 25, 2006 to cleanup the property. Exhibit # 1.
May 18,2006: My letter came back from the post office stating the PO Box in Palo Alto is closed.
June I, 2006: I received a call from John Phillip regarding rats and the carpet rolls. I called Mario
Ramirez with the Santa Clara County Vector Control regarding the rat complaint and gave him the
information. Mr. Ramirez stated he would take a drive by the property and take a look. I performed a
second inspection of the property and did not see any change in conditions of the property. A second
letter was mailed to the property owner, In the letter. I gave a new deadline of June 16, 2006 to cleanup
the property. Exhibit #2
June 9, 2006: Mario Ramirez with Vector Control stopped by the office and he stated he found some
cause for concerns regarding the vacant lot. Mr. Ramirez provided me a copy of the letter he mailed to
Mr. Mc Grath regarding the health hazard that exists on this lot. Exhibit #3
Pnnled on Recycled Paper
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June 20, 2006: I re-inspected and observed more pieces of carpeting dumped on the lot. The weeds are
getting longer and the dead tree branches have not been removed.
June 21, 2006: Officer Kornahrens and myself responded to property owner's home located in the City
of Sunnyvale and we were unable to make contact with him. I left copies of the third letter at his house.
Third and final letter was mailed regular and certified mail. I also attached my previous letters to the
third and final letter. In the letter, I gave a new deadline of July 7, 2006. Exhibit #4
July 7, 2006: I performed the final inspection and did not see any change in conditions of the property.
took multiple photographs of the property. Exhibit #5
July 11,2006: I drafted a staff report to start Public Nuisance Abatement proceedings. Exhibit #6
August 2, 2006: Renee Phillips called and stated the owner of the lot has arrived and is dumping more
garbage. I responded to the vacant lot and made contact with Patrick McGrath at approximately 4:55
PM and observed him rolling out the carpet across his lot. I asked him if he knew what was going on
with his lot and he stated that he did not, because he just got back into town. I advised him that we are
having a City Council meeting on August 15, 2006 for a nuisance abetment hearing and he stated that
there is no need for this. McGrath advised that he is going to kill all the weeds like he did with the other
lot on Carver Drive.
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.
August 9, 2006: The homeowner has corrected Officer Wykoffs Nuisance Abatement violation located
at 10450 Serra Street. The case was closed on July 16,2006.
STAFF RECOMMENDATION
This is a recurrence of the same or similar problem that has occurred almost every year since 2001.
Based on the fact that the violations continue to occur, it is the staff recommendation that the City
Council declare the property at 10200 Stern A venue 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 owners. Staff also asks that the City Council order
the property owner 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
{J-2.-
MetroScan / Santa Clara (CA)
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Owner
CoOwner
Site
Mail
Xfered
Price
LoanAmt
Lender
VestTyp
LandUse
Zoning
SubPlat
Legal
Census
MapGrid
: Mc Grath Patrick W
: 10200 Stem Ave Cupertino 95014
: PO Box 2422 Palo Alto Ca 94309
1211511980 Doc #
Deed
Loan
: 6838218
Parcel
Bldg Jd
Land
Struct
Other
Total
%lmprvd
% Owned
Exempt
Type
TaxA rea
05-06 Tax
MLS Area
Phone
Owner
: 375 12002
: I
: $62,464
: $62,464
13266
: $1,981.58
: 018
IntTy
: 69 Vacant,Urban
: Rl Res Single Family Residence
: TR 1004 LOT 295
Tract : 5080.02
: 852 HI
Block : 4
Total Rms
Bedrooms
Bathrooms
Stories
Dining Rm
Family Rm
Rec Room
CntIHt/AC
Bldg SF
Lot SF
Useable SF
Lot Acres
Lot Dimen
Pool
Fireplace
Units
Patio
Porch
Elevator
Lease SF
Office SF
Sprinkler
:No
:No
Year Built
EffYearBlt
Garage Sp
Garage SF
Bldg Cond
Bldg Class
Bldg Shape
: 5,227
: 5,350
: .12
: 50xl07
: No
: No
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Informat/on compiled fi'om various sources. Real Estate Solutions makes no representations
or warranties as 10 the accuracy or completeness of information contained in tllls report.
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PLEASE NOTE
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This is a courtesy notice intended to alert
you to a Cupertlflo Municipal Code
violation(s) on your property. Your
prompt attention to- this matter is very
important. It may prevent further legal
action against you such as a citation, fine,
nUIsance abatement proceeding or civil
actiOn.
REQUIRED AC1'ION
Please correct the noted violation(s) by
fA ursJ(J.'j MrJ-l~ aODb
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.
J ell Trybus
Code Enforcement Officer
(408) 777-3310 (408) 777-3174 fax
e-mail: jeffreyt@cupertino.org
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CUPEI\IINO
CODE ENFORCE1VIENT
COURTESY NOTICE
Please read this notice carefully. It
contains important information
regarding a Cupertino Municipal Code
violation(s) observed on your property.'
Address ofvlOlatlOll(s).
lndOD ,51eIll AVe
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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 collection
station not more than 24 hours preceding
the scheduled collection tIme. Such
containers shall be removed from the
area within 24 hours after collection.
CMC 6.24.070
o Frequency of Disposal. No more than
one week's accumulation of garbage
shall be kept or permi tted to remain
upon any premises in the CIty At least
once a week, all garbage produced, kept,
deposited, placed or accumulated WIthin
any premises shall be disposed of in
accordance with the provisions of this
chapter Cl\1C 6.24.050
o Property 1\1aintenance. The exterior
storage of any refriger(ltor, washmg
mach1l1e, sink, stove, heater, boiler, tank,
or any other household appliance,
equipment, machmcry or fUllliture for a
U penod 111 excess of 72 hours IS
\ prohlbited C1\lC 9.22.020
~
~ Property Maintenance. Dead,
decayed or diseased trees, weeds or
other vegetation likely to cause a fire
or health hazard, an infestation or
habitat for rodents is prohibited.
C1\1C 9.22.020
o On-Site Parking. Storage of trash
or debris in an open vehicle lS
prohibited. CMC 19.100.030
o On-Site Parking. All vehicles must
be parked on (In impervlOus surface
SLlch as concrcte or asphalt.
Vehicles may not park on the
front lawn or dirt areas. CJ\1C
19.100.030
o Property 1\1aintenance. Overgrown
weeds and grasses which bear, or
may be seed bearing or may attain
such large growth as to become a
fire hazard. CMC 9.08.010
'" Property Maintenance. An
accumulation of litter, junk, machine
palis, scrap metal, \vaste paper,
boxes and calions, packing
materials, combustible trash, tires or
vehicle paris is prohibited. C1\1C
9.22.020
o On-Site Parking. No vehicle shall
be used for living or sleeping
qualiers 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 On-Site Parking. No more than
four vehicles may be parked within
tbe front yard setback. More
vehicles may be pemlitted provided
they are stored in an enclosed
garage. CMC 19.100.030
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o Graffiti. Property owners must remove
graffiti from their property withm 10
days of -when they disco\'Cr or should
have dIscovered graffiti. ramt used to
cover the graffitJ shall 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
shall pemlit a tree limb to hang over
the public street or sidewalk, thc
]O\vest part of which IS less than ten
feet above the street or sidewalk.
furthermore, no shr~bs ~r hedges
shall overhang the street or sidewalk
or impair traffic, lledestrians or
tTaffic control devices. C1\1C
.~
14.08.020
o Inoperative Vehicles. 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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ThIS is a courtesy notice intended to alelt
you to a CupeItino Municipal Code
violation(s) OIl your property. Your
prompt attenti.on tB this matter is very
impOltant. It may prevent further legal
action against you such as a citation, fine,
nUIsance abatement proceeding or civil
action.
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REQUIRED A.CTION
Please correct the noted violation(s) by
f6vr<;tbJ; Mal ~Z;aOlJ{;
Thank you for your cooperation. Citizens
and City staff working together help make
Cupettino an attractive place to live and
work'
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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 informatio.n
regar,ding a Cupertino Municipal Code
violation(s) observed 0)] your property.
Address ofviolation(s):
/()d()D Stfj/7 AYe
[Dp/L1;'riu; [A 950/lf
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Dear Propeli)' Owner:
It has come to the attention of the Code
Enforcement Division that a violation(s)
eXIsts on the property listed above. After
viSltll1g your property, I found one or more
Items that require correction. Please revinv
the checked boxes below.
o
Garbage or Recycling containers shall
be placed at the authorized collection
station not more than 24 hours preceding
the scheduled collection time. Such
containers shall be removed from the
area within 24 hours after collection.
CMC 6.24.070
o
Frequency of Disposal No more than
one week's accumulation of garbage
shall be kept or pell11itted to remain
upon any premises in the City At least
once a week, all garbage produced, kept,
deposited, placed or accumulated withm
any premises shall be dIsposed of in
accordance with the provisions of this
chapter. CMC 6.24.050
o
Property l\1aintenance. The exterior
storage of any refrigerator, washing
machine, sink, stove, heater, boiler, tank,
or ,II1Y other household appliance,
eqlllpment, machlllery or furni ture for a
period 111 excess 0 f 72 hours IS
prohibited. CI\1C 9.22.020
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X Property Maintenance. Dead,
decayed or diseased trees, weeds or
other vegetation likely to cause a fire
or health hazard, an infestation or
habitat [or rodents is prohibited.
Cl\1C 9.22.020
DOli-Site Parkjllg. Storage of ,hash
or debriS in an open vehicle IS
prohilJlted. Cl\1C 19.100.030
o On-Site Parking. All vehIcles must
be parked on an impervious surface
such as concrete or asphalt.
Vehicles may not park on the
front lawn or dirt areas. Cl\1C
19.100.030
o Property.Maintenance. Overgrown
weeds and grasses which bear, or
may be seed bearing or may attain
" such large growth as to become a
fire hazard. CMC 9.08.010
o On-Site Parking. 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 recreatlOnal
vehicle, which is on the resident's
property. CMC 19.100.030
-~
Property Maintenance. An
accumulation of litter, junk, machine
parts, scrap metal, waste paper,
boxes and cmions, packing
mateJials, 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' permitted provided
they are stored III an enclosed
garage. CMC 19.100.030
o Graffiti. Property owners must remove
graffiti from their property wi thm 10
days of when they dlscover or should
have dIscovered graffiti. Paint used to
cover the graffiti shall match the
original surface color to the extent
feasible. CMC 10.60.040 and Cl\1C
10.60.050
o Shrubs, Hedges and Trees. No
owner or lessee of any premises
shall pell11it a tree Jimb to hang over
the public stTeet or sidewalk, the
lowest part of whIch is less than ten
feet above the stTee4 or 'sldewalk.
FUl1hennore, no shrubs or hedges
shall overhang the stITet or Sidewalk
or impair traffic, pedestrians or
traffic control dct'ices. CMC
14.08.020
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o Inoperative Vehicles. Storage of any
vehlcle in a \vrecked, dismantled or
inoperative condition on private or
public property is prohibited Vehicles
in such condition may be placed 111 an
enclosed building such as a garage.
CMC 11.04.019
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PLEASE NOTE
?
This IS a courtesy notice intended to alert
you to a Cuperti110 Municipal Code
violation(s) on your property. Your
prompt attention to this matter IS very
impoliant. It may prevent further legal
action against you such as a citation, fine,
nUIsance abatement proceeding or civil
action.
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REQUIRED ACTION
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Please correct the noted violation(s) by
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Thank you for your cooperation. Citizens
and Ci ty 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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cifYo'F
CUPEI\IINO
CODE ENFORCEMENT
COURTESY NOTICE
Please read this notice carefully. It
,contains importaI'lt infonnation
\
rcgar-ding a Cupertino Municipal Code
violation(s) observed Ol~ YOllr )jroperty.
Address of vlOlatIOn(s):
...........
1D df)11-Siifj\A VL
fJJffr7lh~ c~ q5Q/Lj
D"te 5/II/Dh
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Dear Property Owner:
........
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It has come to the attention of the Code
Enforcement Division that a violation(s)
exists on the property listed above. After
visitmg your property, I found one or more
items that require conection. Please review
the checked boxes below.
o Garbage or Recycling containen shall
be placed at the authorized collectIOn
statIOn not more than 24 hours preceding
the scheduled collection time. Such
contamers shall be removed from the
area within 24 hours after collection.
CMC 6.24.070
o Frequency of Disposal. 'No more than
one week's accumulation of garbage
shall be kept or pem1itted to remain
upon any premises in the City. At least
once a week, all garbage produced, kept,
deposited, placed or accumulated \Vlthm
any premises shall be disposed of m
accordance With the provisions of thiS
chapter. CMC 6.24.050
o Property J\1aintenance. The extenor
storage of any refrigerator, washmg
machme, smk, stove, heater, boiler, tank,
or any other household apphance,
equipment, machinery or fumiture for a
period 111 excess of 72 hours IS
prohibited CMC 9.22.020
x
o On-Site Parking. Storage of tnlsh
or debris in an open vehicle IS
prohibited. CMC 19.100.030
~
\
t'I""I
Property Maintenance. Dead,
decayed or diseased trees, weeds or
other vegetation likely to cause a fire
or health hazard, an infestation or
habitat for rodents is prohibited.
CMC 9.22.020
o On-Site Parking. All vehicles must
be parked on an impervious surface
such as concrete or asphalt.
Vehicles may not park on the
front lawn or dili areas. CIVIC
19.100.030
o Property Maintenance. Overgrown
weeds and gnsses which bear, or
may be seed bearing or may attain
such large gTowth as to become a
fire hazard. CMC 9.08.010
o On-Site Parking. No vehicle shall
be used for hving or sleepmg
quarters except that a bona fide
guest of a Clty reSident for a penod
not to exceed 72 hours may stay in a
trader, camper or recreational
vehicle, which IS on the reSident's
property. CMC 19.100.030
~
Property lVIaintenance. An
accumulation of litter, junk, machine
parts, scrap metal, waste paper,
boxes and cartons, packing
mateJials, combustible trash, tires or
vehicle parts is prohibited. CIVIC
9.22.020
o On-Site Parking. No more than
four vehicles may be parked withm
the front yard setback. More
vehicles may be permitted provided
they are stored in an enclosed
garage. CMC 19.100.030
o
Graffiti. Property ovmers must remove
graffiti from their property Within 10
days of when they dIscover or should
have discovered graffiti, Paint used to
cover the gratIiti shall 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
shall permit a tree 11mb to hang over
the public street or side.walk, the
lowest part of which~is less than ten
feet above the street or SIdewalk.
Furthermore, no sru'ubs or hedges
shall overhang the street or sidewalk
or impair traffic,~edestrians or
traffic contlol devices. CMC
14.08.020
o Inoperative Vehicles. Storage of any
vehicle 111 a wrecked, dismantled or
inoperative condItion on pnvate or
public property IS prohibited. Vehicles
Il1 such condition may be placed in an
enclosed budding such as a garage.
CMC 11.04.019
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CITY OF
CUPERJINO
CIty Hall
10300 Torre Avenue
Cupertino, CA 950 I 4
Telephone (408) ;:~7,3182
Fax (408) 777-3] 74
CODE ENFORCEMENT DiVISION
June 1,2006
SECOND NOTICE
Patrick McGrath
P.O. Box 60123
Sunnyvale, CA 94088
Dear Mr. McGrath:
I am sending this letter regarding the condition of your property located at 10200 Stem
Ave., Cupertino, CA 95014. I originally mailed you a notice of violation on May 11,
2006 regarding the condition of your property. I perfonned a second inspection on June
1, 2006 and noticed the vacant lot still contained the carpet rolls, tall weeds, dead tree
branches, pipes, trash & debris.
Based upon my observations, the above conditions constitute a violation of Cupertino
Municipal Code Section 9.22.020 (Property Maintenance Code). This code is intended to
promote the health, safety, and welfare of persons residing in Cupertino and to protect the
neighborhoods against blighting conditions that contribute to the downgrading of
neighborhood aesthetics and property values. The aforementioned municipal code
section makes it unlawful and a public nuisance to keep or maintain any property that has
dead weeds or other vegetation likely to cause a fire or health hazard. The weeds and
overgrown shrubs__ existing on your property in their current state may constitute a fire
hazard and a harborage for vennin. The code also prohibits the accumulation of
household items to be stored in view of the public-right-of-way.
, To comply with the municipal code you must:
1) Cut do'wn and keep mowed all weeds in the vacant lot.
2) Remove the dead tree branches from the lot.
3) Remove the scrap carpet rolls, scrap plastic piping and trash dumped on the lot.
4) Maintain the property in manner consistent with the provisions of the Municipal Code.
Pllnleo' UII Rel.vc!ecf Papel
l,--ID
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10200 Stem Ave.
Page 2
I will re-inspect the property on Friday, June 16, 2006. Please have the violations
completely corrected by that date. Be aware that failure to comply with the municipal
code is a criminal violation and if not C0rrected will be pursued as a Public Nuisance in
which you will be financially liable. "If you would like to discuss this case, I can be
reached at (408) 777-3310.
13-- \I
EX). ib; f:tl ~
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CUPEI\TINO
City Hall
10300 Torre Avenue
Cupertino, CA 950] 4
Telephone (408) 7~,3182
Fax. (408) 777,3174
CODE ENFORCEMENT DIVISION
June 1, 2006
SECOND NOTICE
Patrick McGrath
823 Lakehaven Drive
Cupertino, CA 95014
Dear Mr. McGrath:
I am sending this letter regarding the condition of your property located at 10200 Stem
Ave., Cupertino, CA 95014. I originally mailed you a notice of violation on May 11,
2006 regarding the condition of your property. I performed a second inspection on June
1, 2006 and noticed the vacant lot still contained the carpet rolls, tall weeds, dead tree
branches, pipes, trash & debris.
Based upon my observations, the above conditions constitute a violation of Cupertino
Municipal Code Section 9.22.020 (Property Maintenance Code). This code is intended to
promote the health, safety, and welfare of persons residing in Cupertino and to protect the
neighborhoods against blighting conditions that contribute to the downgrading of
neighborhood aesthetics and property values. The aforementioned municipal code
section makes it unlawful and a public nuisance to keep or maintain any property that has
dead weeds or other vegetation likely to cause a fire or health hazard. The weeds and
overgrown shrubs _.existing on your property in their current state may constitute a fire
hazard and a harborage for vermin. The code also prohibits the accumulation of
household items to be stored in view of the public-right-of-way.
'To comply with the municipal code you must:
1) Cut do\vn and keep mowed all weeds in the vacant lot.
2) Remove the dead tree branches from the lot.
3) Remove the scrap carpet rolls, scrap plastic piping and trash dumped on the lot.
4) Maintain the property in manner consistent with the provisions of the Municipal Code.
1'3-/2
Pnl1led on Fl'ecycleo' Paper
~
10200 Stem Ave.
Page 2
I will re-inspect the property on Friday, June 16, 2006. Please have the violations
completely corrected by that date. Be aware that failure to comply with the municipal
code is a criminal violation and if not corrected will be pursued as a Public Nuisance in
which you will be financially liable. If you would like to discuss this case, I can be
reached at (408) 777-3310.
Si cerely,
( ~~
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~orcement Offiw
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E>:hJbi-fii3
County of Santa Clara
Qepartment of Environmental Health
Vector Control District
J 555 Berger Ol'i\'e. Suile 300
San Jose. Calilorni,l C)'j 1 12,271 ()
14081 ~) I 8,4770 F.'\>\ 2lj8'(S3,)(-)
June 8,2006
Mr. Patrick McGrath
P.O. Box 60123
Sunnyvale, Ca, 94088
Mr. McGrath:
I'm with Santa Clara County Vector Control District, and I stopped by your property that
is located on 10200 Stern Ave. in Cupertino. The reason for my visit is that our office
received a call concerning rats coming from the property. I inspected the site and found
several reasons of concern. I found some carpeting that was dumped behind some heavy
over grown shrubs. The carpeting can be used as a nesting site by the rats. There is also
over grown ivy plants on the back of the property, and a fallen tree. There is also over
grown weeds and possibility of fire danger. All these contribute to that problem of rats.
Not only there is the problem with rats but the open property is a danger of any children
or persons entering the property and getting hurt.
The property is open and is being used as a dumping ground. All these become a health
hazard to the neighbors in the area.
I recommend that the property be cleaned as soon as possible, to discard the carpeting
and the over grown shrubs be trimmed to diminish the problem with rats.
Please feel free to contact me at (408) 918-3484 and we can discuss the rat problem.
I Thank you for your prompt response. .
Mario E. Ramirez
Vector Control Technician II
Santa Clara County Vector Control District.
...... Cc Jeff Trybus- Code Enforcement
Board of Supervisors, DOI1,1Id 10 Ci1ge. f3lclllCa :\IVari'lCllJ. Pl'tC' MCHugll, JilnlC'S T Be,III, ,Ir, U;c Klliss
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CITY OF
CUPEIUINO
City Hall
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3182
Fax: (408) 777-3174
..~'
CODE ENFORCEMENT DIVISION
June 20,2006
Patrick McGrath
823 Lakehaven Drive
Sunnyvale, CA 94089
Re: Third & Final Notification of Municipal Code Violations
Dear Mr. McGrath:
On May 11, 2006 you were mailed a notice of violation regarding the condition of your
property. On June 1,2006 you were mailed a second notice asking you to correct the
violations that exist on your vacant lot. On June 20, 2006, I conducted another inspection
of your property and noticed that the violations still exist. The property in question is
located at 10200 Stem Ave., Cupertino.
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,
July 7, 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.
us
nforcement Officer
~_..-r----
Cc: Eileen Murray, Assistant City Attorney
enclosures
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fXAjb;f#Lj
CITY OF
CUPEIUINO
City Hall
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777,3182
Fax (408) 777-3174
~, ..t:1
CODE ENFORCEMENT DIVISION
June 20, 2006
Patrick McGrath
P.O. Box 60123
Sunnyvale, CA 94088
Re: Third & Final Notification of Mlfnicipal Code Violations
, ,
Dear Mr. McGrath:
On May II, 2006 you were mailed a notice of violation regarding the condition of your
property. On June 1,2006 you were mailed a second notice asking you to correct the
violations that exist on your vacant lot. On June 20, 2006, I conducted another inspection
of your property and noticed that the violations still exist. The property in question is
located at 10200 Stern Ave., Cupertino.
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,
July 7, 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)he violation exist. Should this occur, you will be liable for all costs
incurred, including starr administrative and inspection time.
~
Please contact me at (408) 777-3310. Your anticipated cooperation is appreciated. I have
alsftl enclosed copies of my prior letters for your review.
bus
forcement Officer
Cc: 'EileenMurray, Assistant City Attorney
enclosures
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RESOLUTION NO. 06-133
A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING
INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE
AT 10200 STERN AVENUE, APN 375 12 002, DRY, OVERGROWN WEEDS,
DEAD TREE BRANCHES, SCRAP MATERIAL AND TRASH
ON THE PARCEL IN VIEW OF THE PUBLIC RIGHT OF WAY
PATRICK MCGRATH 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 of life or property; and
WHEREAS, there exists dry, overgrown weeds dead tree branches, scrap material
and trash in view of the public right of way on parcel 375 12002; 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 removal of all overgrown weeds, old carpet, dead tree branches,
scrap material and trash 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, Kwok, Mahoney
None
Sandoval
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
/s/ Richard Lowenthal
City Clerk
Mayor, City of Cupertino
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RESOLUTION NO. 06-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10200 STERN AVENUE
(APN 375-12-002), PATRICK W. MCGRATH PROPERTY OWNER
RECITALS:
(a) On July 18, 2006, the City Council of the City of Cupertino adopted its
Resolution No. 06-133 (attached) declaring a public nuisance at 10200 Stern Avenue
because of overgrown weeds, Scrap Material (old carpet) and trash 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. 06-133 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 ofthe Cupertino Municipal Code.
(b) Overgrown weeds scrap material (old carpet) and trash in view of
the public right of way on parcel 375-12-002 located at 10200 Stern Avenue 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
1'3~J-(
Resolution No. 06-144
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 and disposal of overgrown weeds, scrap material (old
carpet) and trash in view of the public right of way at 10200 Stem
Avenue 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
{ '3 -- 2.2--