CC Resolution No. 99-358RESOLUTION NO. 99-358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF ABANDONED
VEHICLES AT 20091 LA RODA COURT
RECITALS:
(a) On June 27, 1999, the Code Enforcement Division received a complaint
concerning two inoperative vehicles located at 20091 La Roda Court;
(b) On November 2, 1999 a notice of intention to abate and/or remove the
vehicles was sent to the registered owner.
(c) On November 12, 1999, pursuant to Section 11.04.070 of the Cupertino
Municipal Code, the owner requested a public hearing;
(d) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on December 6, 1999, at 6:45 p.m., in the Council Chambers, in the
City Hall, located at 10300 Torte Avenue;
(e) The following members of the City Council were present: Bumett,
Chang, James, Statton, Lowenthal;
(f) The following members of the City's staff, among others, were present:
1. Director of Administrative Services Carol Atwood
2. City Clerk Kimberly Smith
3. City Attorney Charles Kilian
4. Gary Komahrens, Code Enforcement Officer
(g)
The following interested persons were also present:
Mrs. Colleen James
(h) 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;
(i) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
!2esolutlon No. 90-35~ Page
1. The following findings of fact are hereby made:
(a) Notice of intention to abate and/or remove the vehicles was sent to
the registered owner of the vehicles, as required by the provisions of Chapter 11.04 of the
Cupertino Municipal Code, Abandoned, Wrecked, Inoperative Vehicles.
(b) The inoperative vehicles parked at 20091 La Roda Court in the
City of Cupertino, State of California, constitute a public nff~sance, in that said vehicles
constitute 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:
Repair/removal of the vehicles at 20091 La Road Court by January 5, 2000.
(c) Any 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 6th day of December, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
city Clerk
APPROVED:
~of Cupertino