Ordinance 794 • ~ ORDINANCE NO. 79~
AN ORDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER
16.44 TO THE CUPERTINO MIINICIPAL CODE, TO PROVIDE FOR
THE ABATEMENT OF UNSAFE, DILAPIDATED AND ABANDONED
BUILDINGS
THE CITY COUNCIL OF THE CITY OF CUPERTINQ DOES ORDAIN A9 FOLLOWS:
Chapter 16.44 is hereby added to the Cugertino Municipal Code, ta
read in full as follows:
Chapter 16.44
UNSAFE, D2LAPIDATED AND ABAND~NED BUILDINGS'.
Sections:
16.44.010 Leqislative Findings of City Council.
' 16.44.020 Public Nuisance.
' 16.44.030 Declaration of Nuisance.
~ 16.44.040 Abatement of.
16.44.050 Notice of Hearing to Abate.
16.44.060 Postinq and Serving Notice.
16.44.070 Form of Proper Service of Notice.
16.44.080 Hearinq by City Council.
16.44.090 Rules of Procedure for Conducting Hearing.
16.44.100 Service on Owner of City Council Resolution.
16.44.110 Record of Cost for Abatement.
16.44.1Z0 Report - Hearing and Proceedings.
16.44.130 Asssssment of Costs Against Property, Lien.
16.44.140 Alternates.
Appendix A Rules of Procedure for Conducting Hearing.
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16.44.010 Le islative Findin s of Cit Council. The City
Counci ere y in s an etermines t at t ere are unsafe, dilapi-
dated and abandoned buildings or structures within the city; that
the vacant interiors of such buildinqa or structures are used by
trespassers as placas of habitation, and such buildinqs and struc-
tures are hazarda and capable of being destroyed by fire; that these
structures are be.inq used for the deposit of garbage and debris;
that these structures impair the stability and value of both improved
and unimproved real property in such areas; that these structures,
(1) serve as an attractive nuisance to children, (2) harbor vagrants
or criminals, and (3) enable persons to resort thereto for the pur-
pose of committing unlawful or immoral acts.
16.44.020 Public Nuisance. All buildings or structures in
the City w ic are structura y unsafe or not provided with adequate
eqress, or which constitute a fire hazard, or are otherwise dangerous
to human life, or which in relation to existing use constitute a
hazazd to safety, health, or public welfare, by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster damage,
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or abandonment, are nereby declared to be public nuisances and
shall be abated by repair, rehabilitation, demolition, or removal
in accordance with the procedure provided by this Ct~apter.
16.44.030 Declaration of Nuisance. Whenever the Chief
Building 0 c a in s t at any u ing or structure is being
maintained contrary to the provisions of Section 16.44.020 hereof,
the City Council shall, by resolution, declare its intent to con-
duct a public hearing to determine whether the same constitutes a
public nuisance; said Resolution shall indicate the City Council's
intent to commence abatement proceedings, as herein provided, and
shall describe the premises involved by the street address or other
description as is reasonably necessary to identify the same.
16.44.040 Abatement of. All or any gart of any buildinq or
structure, oun y the C ty Council to constitute a public nuisance,
which is ordered to be abated, shall be abated by rehabilitation,
demolition or repair, pursuant to the procedures set forth in this
Chapter.
16.44.050 Notice of Hearin to Abate. Within fifteen (15)
days after the passaqe of the Resolut on referred to in Section
16.44.030 hereof, the Chief Building Official shall cause to be con-
spicuously posted upon the premises:
(1) a certiffed copy of such Resolution, and
(2) at least two (2) notices of the time and
place of hearing before the City Council, which said
notices shall be entitledz "NOTICE OF HEARING TO ABATE
NUISANCE" in letters of not less than one !1) inch in
: heiqht-and shall be substantially in the following form:
"Notice is hereby given that on the day of
, 19 , the City Council of the~y of ,
Cupertino passed a resolution declaring its intention
to conduct a public hearing to determine whether those
certain (buildings) (structures), ,
-located upon that certain real property, situate 2n
the City of Cupertino, State of California, known and
desiqnated as (street address), in said City, more par-
' ticularly described as (description), constitutes a
~ public nuisance which must be abated by the rehabilit-
i ation, repair or demolition of said (bnildings) (struc-
~ tures)j if said (buildings) (structures), in whole or
i 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 (buildings) (struc-
tures) (is) (are) located and that the cost thereof will
be constituted a lien upon such land until paid. Said
' nuisance consists of the following: (de9cription)
I All persons having any objection to, or interest
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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 Aall, located at 10300 Torre
Avenue, Cupertino, California, on the day of
, 19 , at the hour of (a.m.) (p.m.)
o sa ay, when their evidence re ating to said matter
will be heard and given due consideration.
DATEDs This d8y o~ . 19
By order of the City Council
; City C er
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16:44.060 Poatin and Servin Notice. The Chief Huilding
Officia s al cause to e serve upon t e owner of the aftected
premisea a copy of the notice referred to in Section 16.44.OS0
hereof, and a certified copy of the Resolution of the City Council
referred to in Section 16.44.030 hereof.
Said Notices and Resolutions shall be posted and served as
aforesaid, at least fifteen (15) days before the time fixed for the
hearinq before the City Council. Proof of Posting and service of
such Notices and Resolutions shall be made by Affidavits, which
shall be f iled in the Office of the City Clerk.
16.44.070 Form of Pro er Service of Notice. Service of said
Notice an Reso ution sha be y epos t ng a copy of said Notice
and Resolution with the U. S. Postal Service, enclosed in a sealed
envelope, with the postage thereon fully prepaid. Said envelope
shall be reqistered or certified, and shall be addressed to said
owner at the last known address of said owner. The service is com-
plete at the time of its deposit in the nnited States Postal Service.
"Owner" as used herein, shall mean aIl persons havinq, or
clai[ainq to have, any legal or equitab2e interest in or to the fee
relating to said premises, as disclosed by a title search to be con-
ducted under the supervision of the City Attorney, using an accept-
able title company.
16.44.080 Hearin b Cit Council. At the time stated in
the Not ces, t e City Counc s a ear and consider all relevant
evidence, including, but not limited to, testimony from owners, wit-
nesses and parties interested and staEf reparts, relative to said
matter; said hearing may be continued from tima to time. Upon the
evidence, determine whether the premises, or any part thereof, as
maintained, constitute a nuisance. Zf it is determined that the
same does constitute a nuisance, the City Council shall order the
same abated within a reaeonable time; such time shall be determined
by the City Council, and set forth in its Resolution of Abatement.
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. The City Council's decision shall be by resolution, which
shall contain the :indings of the City Council upon which such
determination is based. Zf said nuisance is not abated within
the time permitted by the City Council, the Chief Huilding Of-
ficial is hereby expressly authorized to enter upon the premises
for the purpose of abating the same, as hereinafter provided.
16.44.090 Rules of Procedure for Conducting Hearing. The
Riiles of Procedure for Conducting Hearing, appended hereto as
Appendix "A", which is incorporated herein and made a part hereof
by reference, shall be followed in the conduct of any such hearing
by the City Council.
16.44.100 Service on Owner of Cit Council Resolution. A
copy of sa Resolution ordering the abatement of sa d nu sance
shall be served upon the owner or other persons havinq an interest
therein, of the affected premises, in accordance with the provisions
of Section 16.44.060 and shall contain a description of the needed
corrections and/or repair, necessary to comply with the abatement
order. Any property owner shall have the right to have the nuieance
as declared, abated, provided the same is completed prior to the ex-
piration of the period of time set forth in said Resolution, or if
no time is so specified, within not to exceed sixty (60~ days after
the date of adoption of such Resolution. The time set for abate-
ment, upon qood 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 Chief Building Official ahall, by City forces,
or private contract, cause the same to be abated.
16.44.110 Record o°_ Cost for Abatement. The Chief Building
Officia sha eep an account ng o t e cost, includinq ineidental
expenses, of abatement of such nuisance for each separate lot, or
parcel of land, where the abatement work has been dvne and shall
render an itemized report in writinq to the Ci.ty Council showing
the cost of abatement, includinq salvaqe value, if applicable. Pro-
vided, that before said report is submitted to the City Council for
confirmation, a copy of the same shall be posted for at least fifteen
(15) days upon the premises or property upon which such building(s)
or structure(s) were situated, together with a notice of the time
when said report shall be submitted to the City Counci2 for confirm-
ation; a copy of said report and notice shall be served upon the ow_*ier
of said property, in accordance with the provisions of Section 16.44.
100 hereof, at least fifteen (15) days prior to the time set for City
Council action regarding confirmationt proof of such posting and ser-
vice shall be made by Affidavit and filed with the City Clerk of the
City. The term "incidenta2 expenses" shall include, but not be
limited to, the actual expenses and costs of the City in the prepar-
ation of notices, specifications and contracts, and in i.nspecting
the work, and the costs of printiag and mailings required hereunder.
16.44.120 Re ort - Hearin and Proceedin s. At the time and
place xe or receiving an consi ering sa repo.r.t the_City Council
shall hear and pass upon the report of the Chief Building Official,
together with any objections or protests, which must be in writing,
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submitted by any of the persons liable to be assessed for the cost
of abating such nuisance. Thereupon the City Council may make such
revision, correction or modification to said reoort as it may deem
just, after which, by resolution, the report as submitted, or as
revised, corrected or modified, shall be confirmed. The hearinq
may be continued from time to time. The decision of the City Council
shall be final and conclusive.
16.44.130 Assessment of Costs A ainst Property, Lien. The
amount o t e cost o a atement o suc nuisance upon any ot 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 confizm-
ation of said report, a copy thereof shall be tranamitted to the
Assessor and Tax Collector for the City, whercupon 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 taxea levied
against said respective lots and parcels of land for municipal pur-
poses, and thereafter said asaounts shall be collected at the same
time and in the same manner as ordinary municioal taxes are collected,
and shall be subject to the same penalties and the same procedure
under foreclosure and sale in case of delinquency as provided for
ordfnary municipal taxes.
16.44.140 Alternates. Nothing in this Chapter shall be deemed
to prevent t e City Counc from ordering the City Attorney to con-
mence a civil action to abate a nuisance, as an alternative to, or in
conjunction with, the proceedings herein set forth.
INTRODUCED at a regular meeting of the City Council of the City
of Cupertino this Sth day of ~~A
ri_l , 1977, and ENACTED at a
regular meetinq of t~City Council ofTie
City of Cupertino this
18th day of April , 1977, by the followinq vote:
Vote Members of the City Council
AYES: Jackson, Meyera. 0'Keefe, Frolich
NOES: None
ABSENT : Nellis
ABSTAIN: None APPROVED:
~~f/Y~-8~~.61 ~ ~
Mayor, C ty o upert n~o -
~ ATTEST:
City C er
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I hereby certiEp ehat the City of ~pertino Ordinaace No,
attached hereto ia a trve and correct aopy of said Ordinaace Which h
been publiahed or poaced pursuant to laa.
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Wm.
E. Ryde
' Citq Clerl
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APPENDIX "A"
RULES OF PROCEDURE FOR CONDUCTING HEARING
1. PARTIES: The only parties to the hearing are the Chief Suilding
O f cial of the City of Cupertino and the owner, occupant or
person in charge and control, mortqaqee or beneficiary under any
deed of trust, lessee, or any other person havinq any estate or
interest in said buildinq or structure which is the subject of
the City Council's Resolution of Abatement.
2. CHIEF PRESIDING OFFICER: The Mayor of the City is the Chief Pre-
s ng O icer or t e hearing. It shall be his or her duty,
, subject to being overruled by a majority vote of the City Council,
to conduct the hearing and the manner of the proceedings, to rule
on queations of evidence and the relevancy thereof, to maintain
I order at the hearing, to interpret and apply these rules of pro-
cedure, and to do all other acts necessary to provide a fair and
orderly hearing. In the absence of the Mayor, the Vice Mayor of
the City Council shall be the Presiding Officer.
3. HEARING CLERK: The City Clerk shall be charged with the taking
an keep nq of the records, and keep in his or her possession any
exhibits or documents offered as evidenae for the consideration
of the City Council. The City Clerk shall make the necessary ar-
rangements for the taking of a stenographic record of the testi-
mony whenever such record is requested by one or more parties.
The requestinq party or parties shall pay the cost of such record.
4. ATTENDANCE AT HEARING: The Chief Presiding Officer shall have
the power to requ re the exclusion of any witness or witnesses
during the testimony of other witnesses.
5. OATHS: Hefore proceeding with the testimony of any witness, the
C~~ Presiding Officer shall require witnesses to testify under
oath or affirm to the truth. The oath or affirmation shall be
administered by any duly qualified person.
6. ORDER OF PROCEEDING: A hearinq shall be opened by the Chief Pre-
s inq O icer; t e Hearing Clerk shall record in the minutes the
place, time and date of the convening of the hearing; the presence
of the members of the City Council, and the presence of the parties
and the respective counsel, if any.
Prior to the presentation of any opening statements or the
offering of any evidence, there shall be entered into the record
for said hearfng all exhibits, proofs of service and postinq,
notices of public nuisance, orders to repair, demolish, or vacate,
affidavits or other evidence presented to or filed with the Chief
Building Officisl regarding the matter before the City Council,
and proofs and affidavits of postinq, mailing or personal service
of notice of the time and place set for the hearing.
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~ At the beginning of the hearing, the Chief Presiding Of-
ficer MAY ask for statements clarifying the issues involved.
The Chief Building Official may then present his claims,
proofs and his witnesses, who shall thereafter submit to ques-
tions or other examination by counsel for the City, the other
parties to the hearing, and by any member of the City Council.
The other parties may then present their claims, proofs and
witnesses, who shall thereafter submit to questions or other
examination by counsel for the City, counsel for the Chief
Buildinq Oificial, and by any member of the City Council. The
Chief Building Official shall be allowed to rebut such defenses
and proofs offered by said other parties. The Chief Presiding
Officer may, in his or her discretion, vary this procedure, but
shall af:ord both the Chief Suildinq Official and the appellants
a full and fair opportunity to present all material or relevant
proofs.
Exhibits, when offered, may be received in evidence and
' when so received shall be numbered and made a part of the re-
cord of the hearing by the Hearing Clerk. The Clerk shall also
I keep as part of the record a list of names and addresses of all
witnesses.
7. HEARING IN THE ABSENCE OF A PARTY: The hearing may proceed in
t e a sence o any party who, a ter due notice, fails to be
present or fails to obtain any adjournment from the Chief Pre-
siding Officer.
8. EVIDENCE:
(a) Ozal evidence shall be taken only on oath or affirm-
ation.
(b) Each party shall have these rights: To call and
examine witnesses; to int=oduce exhibits; to cross-examine
opposing witnesses on any matter relevant to the issues
even though that matter was not covered in the direct ex-
amination; to impeach any witness regardless of which party
first called him to testify; anc~ to rebut the evidence against
him. If a party does not testify in his own behalf, he may
be called and examined as if under cross-examination.
(c) The hearing need not be conducted according to tQch-
nical rules relatinq to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence on
which responsible persons are accustomed to relay in the con-
duct of serious affairs, reqardless of the existence of any
common law or statutory rule which miqht make improper the
admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplement-
ing ~r explaining other evidence but shall not be sufficient
in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall
be effective to the extent that they are otherwise required by
statute to be recognized at the hearing, and irrelevant and un-
duly repetitious evidence shall be excluded.
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9. CLOSING OF HEARING: The Chief Presiding Officer shall inquire of all
par[ies, whether they have any further proofs to offer or witnesses to
be heard. Upon receiving negative replies, the Chief Presiding Officer
may allov argument by counael or a party to the proceeding regarding
the evidence.
After the conclusion of such argument, the hearing ahall be cloaed
and a miaute thereof shall be recozded. The matter ahall then be taken
under aubmission, aad the City Council aha11 thereafter annouace its
deciaioa.
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