CC Resolution No. 99-307RESOLUTION NO. 99-307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE
AT 862 BETTE AVENUE
RECITALS:
(a) On September 20, 1999, the City Council of the City of Cupertino adopted
its Resolution No. 99-272, a copy of which is attached hereto and made a part thereof by
reference;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on October 18, 1999, at 6:45 p.m., in the Council Chambers, in the
City Hall, located at 10300 Torre Avenue;
(c) The following members of the City Council were present: Bumett, Chang,
James, Statton, Dean;
(d)
1.
2.
3.
(e)
The following members of the City's staff, among others, were present:
Director of Administrative, Services Carol Atwood
City Clerk, Kimberly Smith
City Attorney, Charles Kilian
The following interested persons were also present: None
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath from owners,
witnesses and parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
1. The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to abate, and
Resolution No. 99-272 were duly and regularly posted and served, as required by the
provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977.
Resolution No. 99-307
Page 2
(b) The extremely high weeds in the front and side yards, creating a possible fire
hazard; and a large accmnulation of garbage and refuse being stored in the front yard on
parcel 369-24-048, located at 862 Bette Avenue, in the City of Cupertino, State of
California, constitute a public nuisance, in that said storage constitutes a hazard to public
health, safety and general welfare, by reason of threatening the free use and enjoyment of
adjoining property.
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
Removal of extremely high weeds in the front and side yards, creating a possible fire
hazard; and a large accumulation of garbage and refuse being stored in the front yard
at 862 Bette Avenue by November 1, 1999.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time, which may be granted, the Director of Administrative Services shall,
by City forces or private contract, cause the same to be abated.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of October, 1999, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTA1N: None
ATTEST:
Ci~~c~'
APPROVED:
Mayor, City of (}(_~ertino
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