CC Resolution No. 4599 ~ ~
~ RESOLUTION NO. 4599
' A RESOLUTION OF THE CITY COUNCIL OF THE
~ CITY OF CUPERTSNO ORDERING ABATEMENT OF
PUBLIC NUISANCE CONSISTING OF THE ABANDONED
BUILDING AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF NORTH DE ANZA BOULEVARD
AND LAZANEO DRIVE
RECITALS:
(a) On October 3, 1977, the City Council of the
City of Cupertino adopted its Resolution No. 4566, entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENT TO CONDIICT A PUHLIC HEARING CONCERN-
ING THE ABANDONED BUILDING AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF NORTH DE ANZA BOULEVARD AND LA2ANE0 DRIVE,
a copy of which is attached hereto and made a part hereof by
reference;
(b) Pursuant thereto, the City Council of the
City of Cupertino held a hearing with respect thereto, on
November 7, 1977, at 8~00 P•M., in the Council Chambers, in
the City Hall, located at 10300 Torre Avenue;
(c) All members of the City Council were present;
(d) The following members of the City's Staff,
am~ng others, were present:
1. James H. Sisk, the Chief Building Official;
Z• Steve Piasecki, Planninp Technician -
3. Wm. E. Ryder, City Clerk; and,
9. David H. Adams, City Attorney.
(e) The following interested persons were also
present:
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(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:
IT IS HEREBY RESOLVED, by the City Council of the
City of Cupertino, State of California, 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. 4566,
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 abandoned building located at
the Southwest Corner of the Intersection of
North De Anza Boulevard and Lazaneo Drive,
situated upon that certain real property, in
the City of Cupertino, State of California,
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~ known and designated as 10244 Nozth De
Anza Boulevard, which real property is
more particularly described in Schedule C,
which is attached hereto and made a part
hereof by reference, constitutes a public
nuisance, in that said building constitutes
a fire hazard and a hazard to public health,
safety and general welfare, by reason of
inadequate maintenance and abandonment.
2. IT IS THEREFORE ORDERED as follows:
(a} Said public nuisance shall be
abated.
(b) A description of the needed cor-
rections and/or repairs, necessary to comply
with the abatement order is as follows:
See Exhibit "A"
(c) Any property owner shall have the
right to have the public nuisance, as declared,
abated, provided the same is completed prior to
the expiration of not to exceed 45 days
after the date of adoption of this Resolution,
which time, upon good cause shown, may be extend-
ed for a reasonable time by the City Council.
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I (d) if such public nuisance is not
. abated within such time, or any extension
of time which may be granted, the Chief
Building Official shall, by City forces,
or private contact, cause the same to be
abated. ~
PASSED AND ADOPTED by the City Council of the City
of Cupertino, this 7th day of November , 1977, by the
following vote:
Vote Members of the City Council
AYES: Jackson, Meyers, Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor, City o Cupertino
ATTEST:
Crty Clerk ,
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Resolution No. 4599
• • Exhibi[ "A"
1, The main building is to be boarded up in such a manner that it will
be inaccesaible to the public.
2. The basement is to be boarded up in such a manner that it will be in-
acceasible to the public.
3. The one acceaeory building tha[ is in better condition is to be boarded
up in such a manner that it will be inaccessible to the public.
4. The other accessory structure is to be demoliehed.
5. There will be a general cleaning inside and outside.
6. The gas and elec[ric services will be disconnected, the meters to be
removed and not to be replaced without approval of the City.
7. The gas pump will be removed and [he gas tank will be capped off to the
satisfaction of the Chief Building Inspector.
8. Al1 new wood used in the boarding proceas will be sealed by painting it
with white paint.