CC Resolution No. 00-067 RESOLUTION NO. 00-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING
ABATEMENT OF PUBLIC NUISANCE AT 20091 LA RODA COURT
RECITALS:
(a) On February 7, 2000, the City Council of the City of Cupertino adopted its
Resolution No. 00-056, 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 February 22, 2000, 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
(d) The following members of the City's staff, among others, were present:
1. Director of Administrative Services Carol Atwood
2. Deputy City Clerk Roberta Wolfe
3. City Attorney Charles Kilian
(e) The following interested persons were also present:
1. 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 heating to abate, and Resolution No.
00-056 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.
(b) The residence on parcel 369-34-030 located at 20091 La Roda Court in the
City of Cupertino, State of California, constitutes a public nuisance, and is
Resolution No. 00-067
Page 2
a hazard to public health, safety and general welfare, by reason of
evidence of the following:
· The side yard and rear yard had piled up debris.
· The interior of the house was covered with debris for an average depth of three feet.
· There was no hot water available.
· The furnace was not operating.
· The code-recognized exit, the fi.om door, was not usable due to debris stored against it.
,, There were no bathing facilities.
· The water closets were not operable.
· The kitchen was not usable.
· A broken window was blocked by wood, which would not allow the minimum light and
ventilation into the room. It appeared to be one of the bedrooms, which would not have the
required emergency egress through the window.
· Vector Control determined that there was a rat infestation.
· The interior of the structure appeared moist.
· Fire hazard.
· Rodents affecting the adjoining residences.
· Disease spread by the airborne bacteria fi'om the feces and urine of the rodents.
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:
Part 1;
To protect the adjoining properties:
· Clean all debris front, rear and side yards.
· Remove all debris fi.om interior of residence.
· Remove blockage of exits.
· Remove carpets and floor coverings infused with rodent feces and urine.
Part 2;
The house will be tagged as uninhabitable tmtil the following repairs are completed with City
issued permits.
· Repair the hot water service.
· Repair furnace.
· Repair bathing facilities.
· Repair kitchen to be operational.
· Repair broken window(s).
· Repair water closets
· Repair areas of the structure damaged by nuisance.
Resolution No. 00-067 Page
(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 on the 22nd day of February, 20000, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, James, Statton
NOES: None
ABSENT: Lowenthal
ABSTAIN: None
ATTEST:
APPROVED:
City Clerk