Ordinance 1263
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ORDINANCE NO. 1263
AN ORDINANCE OF THE CITY OF CUPETINO ADDING CHAPTER 1.09,
NUISANCE ABATEMENT, TO THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1.09.010 -Short Title - Statutory
Authority. This chapter shall be known as the "Nuisance
Abatement Ordinance of the City of Cupertino." Zt is
adopted pursuant to the authority granted to city
legislative bodies in Article 6, Division 3 of the
Government Code (Commencing with § 38771) of the State
of California.
Section 1.09.020 - Purpose. This chapter is
enacted to protect the public health and to promote the
free use of property and the comfortable enjoyment of
life or property within the limits of the City of
Cupertino.
Section 1.04.030 - Definitions.
A. "Nuisance" includes 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 interefere with the comfortable
enjoyment of life or property, or unlawfully obstructs
the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin,
or any public park, square, street or highway. (See.
Boyd v. Sierra Madre, 41 Ca1.App. 520; In re Matthews,
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58 Ca1.App. 649; Sullivan v. Los Angeles, 116 Ca1.App.2d
807).
S. "Record Owner" shall mean all persons having,
or claiming to have, any legal or equitable interest in
or to the fee relating to said premises, as disclosed by
a title search to be conducted under the supervision of
the City Attorney, using the services of a title
company.
C. "Incidental Expenses" include but are not
limited to, the actual expenses and costs of the City in
the preparation of notices, specifications and
contracts, attorney's fees incurred by the City relating
to the matter, the cost of inspecting the work, and the
cost of printing, copying and mailing required under
this chapter.
Section 1.09.040 - Declaration of Nuisance.
Whenever any condition exists within the City which may
be a nuisance as defined by Section 1.09.030, the City
Council shall pass a resolution declaring its intention
to conduct a public hearing to determine whether the
same constitutes a public nuisance. The resolution
shall indicate the City Council's intent to commence
abatement proceedings, as provided in this chapter, and
shall describe the premises involved by the street
address or other description as is reasonably necessary
to identify the same.
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Section 1.09.050 - Notice of Hearing to Abate.
Within 15 calendar days after passage of the resolution
referred to in Section 1.09.040, the Code Enforcement
Officer or his designated representative, shall cause to
be conspicuously posted upon the premises:
A. A certified copy of such resolution; and
B. At least two notice of the time and place of
hearing before the City Council, which notices'shall be
entitled: "NOTICE OF HEARING TO ABATE NUISANCE" in
letters of not less than one inch in height, and shall
be substantially in the following form:
"NOTICE IS HEREBY GIVEN THAT ON THE DAY OF
19 , THE CITY COUNCIL OF THE CITY OF
CUPERTINO PASSED A RESOLUTION DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING TO
DETERMINE WHETHER THOSE CERTAIN CONDITIONS
LOCATED UPON THAT CERTAIN REAL
PROPERTY, SITUATED IN THE CITY OF CUPERTINO,
STATE OF CALIFORNIA, KNOWN AND DESIGNATED AS
(STREET ADDRESS), IN SAID CITY, MORE PARTICULARLY
DESCRIBED AS (DESCRIPTION), CONSTITUTES A PUBLIC
NUISANCE WHICH MUST BE ABATED BY THE (DESCRIBED
ACTION TO BE TAKEN) OF SAID (CONDITIONS): IF SAID
CONDITIONS, IN WHOLE OR IN PART, ARE FOUND TO
CONSTITUTE A NUISANCE, AND IF NOT ABATED, THE
SAME WILL BE ABATED BY THE CITY OF CUPERTINO, IN
WHICH CASE, THE COST OF SUCH ABATEMENT WILL BE
ASSESSED UPON AND AGAINST THE LAND ON WHICH SAID
(CONDITIONS) ARE LOCATED AND THAT THE COST
THEREOF WILL BE CONSTITUTED A LIEN UPON SUCH LAND
UNTIL PAID. SAID NUISANCE CONSISTS OF THE
FOLLOWING: ALL PERSONS HAVING ANY OBJECTION TO,
OR INTEREST IN SAID MATTER, ARE HEREBY ADVISED TO
ATTEND A MEETING OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO, TO BE HELD IN THE CITY HALL,
LOCATED AT 10300 TORRE AVENUE, CUPERTINO,
CALIFORNIA, ON THE DAY OF ,
19 , AT THE HOUR OF M. OF SAID DAY, WHEN
THEIR EVIDENCE RELATING TO SAID MATTER WILL BE
HEARD AND GIVEN DUE CONSIDERATION.
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DATED: TtIIS DAY OF ,
198
By order of the City Council
C ty Clerk
Section 1.09.060 - Posting and Serving Notice.
The Code Enforcement Officer or hia designated
representative shall cause to be aerved upon the record
owner of the affected premises a copy of the notice
referred to in Section 1.09.050, and a certified copy of
the resolution of the City Council referred to in
Section 1.09.040.
The notices and resolutions shall be posted and
served at least 15 calendar days before the time fixed
for the hearing before the City Council. Proof of
posting and service of such notices and resolutions
shall be made by ordinance or resolution which shall be
filed in the office of the City Clerk.
Section 1.09.070 - Form of Service of Notices and
Resolutions. Service of the notices and resolutions
shall be made by depositing copies of the notices and
resolutions with the U.S. Postal Service enclosed in a
sealed envelope, with the postage fully prepaid by
registered or certified mail, and shall be addressed to
the record owner at the last known address of said
record owner.
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Section 1.09.080 - Nearing by City Council. At
the time stated in the notices, the City Council shall
hear and consider all relevant evidence, including, but
not limited to, testimony from owners, witnesses and
parties .interested and staff reports relative to said
matter; said hearing may be continued from time to time.
Upon the evidence, the council shall determine whether
the premises or any part thereof, as maintained,
constitute a nuisance. If it is determined that the
same does constitute a nuisance, the City Council shall
adopt a resolution declaring the same to be a nuisance
and ordering the same to be abated within a reasonable
time, as determined by the City Council.
The City Council's decision shall be the
resolution, which shall contain the findings of the Gity
Council upon which such determination fs based. If said-
nuisance is not abated within the time permitted by the
City Council, the Code Enforcement Officer or his
designated representatives are expressly authorized to
enter upon the premises for the purpose of abating the
same, as provided in this chapter.
Section 1.09.090 - Rules of Procedure for
Conducting Hearing. The rules of procedure for
conducting hearings, appended to this chapter as
Appendix A, which is incorporated herein and made a part..
of this chapter by reference, shall be followed in the
conduct of any such hearing by the Gity Council.
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Section 1.09.100 - Service on Owner of City
Council Ordinance. A copy of the resolution provided
for in Section 1.09.080 ordering the abatement of said
nuisance shall be served upon the owner of the affected
premises, or other persons having an interest therein,
in accordance with the provisions of Sections 1.09.060,
and shall contain a descrfption of the needed
corrections and/or repair necessary to comply with the
abatement order. Any property owner shall have the
right to have the nuisance, as declared, abated,
provided the same is completed prior to the expiration
of the period of time set forth in said resolution or,
if no time is so specified, within a period not to
exceed sixty days after the date of adoption of such
resolution. The time set for abatement, upon good cause
shown, may be extended for a reasonable time, by the
City Council; provided that, if such nuisance is not
abated within such time, the Code Enforcement Officer or
his designated represenative shall, by City forces or
private contract cause the same to be abated.
Section 1.09.110 - Record of Cost for Abatement.
The Code Enforcement Officer or his designated
representative shall keep an accounting of the cost,
including incidental exenses, of abatement of such
nuisance for each separate lot or parcel of land where
the abatement work has been done, and shall render an
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itemized report in writing to the City Council showing
the cost of abatement, including salvage value, if
applicable; provided that, before said repork is
submitted to .the City Council for confirmation, a copy
of the same shall be posted for at least fifteen days
upon the premises or groperty upon which such conditions
were situated, together with a notice of the time when
said report shall be submitted to the City Council for
confirmation. A copy of said report and notice shall
be served upon the owner of said property, in accordance
with the provisions of Section 1.09.100, at least
fifteen days prior to the time set for City Council
action regarding confirmation. Proof of such posting
and service shall be made by affidavit and filed with
the City Clerk of the City.
5ectiom 1.09.120 - Report--Hearing and Proceedings.
At the time and place fixed for receiving and
considering the report required by Section 1.04.110, the
City Council shall hear and pass upon the report of .the
Code Enforcement Officer or his designated
representative, together with any objections or
protests,. which must be in writing, submitted by any of
the persons liable to be assessed for the cost of
abating a nuisance. Thereupon the City Council may make
such revision, correction or modification to said report
as it may deem just, after which, by resolution,. the
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report as submitted, or as revised, corrected or
modified, shall be confirmed. The hearing may be
continued from time to time. The decision of the City
Council shall be final and conclusive.
Section 1.09.130 - Assessment of Costs Agafnst
Property--Lien. The amount of the cost of abatement of
a nuisance upon any lot. or parcel of land, including
incidental expenses, as confirmed by the City Council,
shall constitute a special assessment against the
respective lot or parcel of land to which it relates
and, after its recording, as thus made and confirmed,
shall constitute a lien on said property in the amount.
of such assessment. After the confirmation of the
report required by Section 1.09.110, a copy thereof
shall be transmitted to the Assessor and Tax Collector
for the City, whereupon it shall be the duty of said
Assessor and Tax Collector to add the amounts of such
assessment or assessments to the next regular bill of
taxes levied against said respective lots and parcels of
land for municipal purposes, and thereafter said amounts
shall be collected at the same penalties and the same
procedure under foreclosure and sale in case of
delinquency as provided for ordinary municipal taxes.
Section 1.09.140. Upon confirmation by the City
Council, the report referred to in Section 1.09.120, as
revised, corrected or modified, shall be filed in the
office of the City Clerk. Upon its filing, the City
Clerk shall cause to be issued a certificate describing
the real property and the lien claimed thereon
substantially in the following form:
"Your property could be sold without
your consent to satisfy this lien."
Notice to Owners:
(Names)
On the day of , 198 , the City
Council of Cupertino declared that a nuisance existed at
the below described premises and ordered that said
nuisance be abated on or before the day of
198 By said date the nuisance had
not been abated and the City of Cupertino proceeded to
abate the nuisance, keeping an accounting of the cost,.
including incidental expenses, of abatement of such
nuisance.
On the day of , 198 , upon
noticed hearing, the City Council confirmed a report of
said accounting and directed the City Clerk to issue
this Claim of Lien and Certificate of Costs of Nuisance
Abatement.
Amount of Lien:
Street Address:
Assessor's Parcel Number:
Legal Description:
Dated: This day of , 198_
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City of Cupertino
C ty Clerk
(City seal)
Said certificat..e ~:1~.+~ ~ ~~•~ ' ~'•~^ .uo':-~•=•'• t~~ the
Assessor and Tax Collector for the Cfty for the purpose
of recordation according to that office's usual
procedures for the recordation of special assessment tax
liens.
Section 1.09.150 - Alternatives. Nothing in this
chapter shall be deemed to prevent the City Council from
ordering the City .Attorney to commence a civil action to
abate a nuisance, as an alternative to, or in
conjunction with, the proceedings set forth in this
chapter.
' Section 1.09.160 - Violation--Penalty. Any person
who violates the provisions of this chapter shall be
guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12.
Section 1.09.170. Failure to comply with any of
the zoning ordinances adopted by the City of Cupertino
but, as of this date, uncodified, shall constitute a
public nuisance subject to the abatement proceedings
provided for in this chapter.
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Section 1.09.180. Failure to comply with the
provisions of the below listed titles and chapters of
the Cupertino Municipal Code shall constitute a public
nuisance subject to the abatement proceedings provided
for in this chapter.
Titles Chapters
Title 5 All
Title 8 All
Title 9 Chapters 9.04, 9.12, 9.16
Title 10 10.20, 10.21, 10.24, 10.25,
10.26, 10.28, 10.48, 10.52,
10.70, 10.82
Title 11 11.24, 11.26, 11.27, 11.28,
' 11.30, 11.31
Title 14 All
Title 16 All
Title 17 All
Title 18 All
Section 1.09.190 - Publication. The City Clerk
shall cause this ordinance to be published at least once
in a newspaper of general circulation published and
circulated in the City within fifteen t15> days after
its passage, in accordance with Section 36933 of the
Government Code; shall certify to the adoption of this
ordinance and shall cause this ordinance and her
certification, together with proof of publication, to be
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entered in the Book of Ordinances of the Council of this
City.
INTRODUCED at a regular meeting of the City
Council this 13th day of March 1984, and ENACTED
at a regular meeting of the City Council this 19th day
of March , 198.4 ~, by the following vote:
Vote: Members of the City Council:
Ayes: Gatto. Rogers. Plungy
Noes: None
Absent: Johnson. Sparks
Abstain: None
ATTEST: APPROVED:
G
C t Clerk , ty of Cu no
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