CC Resolution No. 03-104RESOLUTION NO. 03-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10467 GLENCOE DRIVE
RECITALS:
(a)
(b)
(c)
(d)
(e)
(g)
On May 19, 2003, the City Council of the City of Cupertino adopted its Resolution
No. 03-095, a copy of which is attached hereto and made a part thereof by
reference;
Pursuant thereto, the City Council of the City of Cupertino held a hearing with
respect thereto, on June 2, 2003, at 6:45 p.m., in the Council Chambers, in the City
Hall, located at 10300 Torte Avenue;
The following members of the City Council were present:
Chang, James, Sandoval, Lowenthal;
The following members of the City's staff, among others, were present:
1. Director of Administrative Services Carol Atwood
2. City Clerk Kim Smith
3. City Attorney Charles Kilian;
The following interested persons were also present:
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;
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)
(b)
Notice of the time and place of the hearing to abate, and
Resolution No. 03-095 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
The accumulation of debris/overgrown vegetation and other
materials stored in the front, side and rear yards, inoperative
vehicles parked in the driveway and a substandard structure on
parcel 326-30-106 located at 10467 Glencoe Drive in the City of
Resolution No. 03-104
Cupertino, State of California, constitutes a public nuisance, in that
said conditions 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:
Removal of accumulation of debris/vegetation, trash and other materials stored
in the front, side and rear ya:ds, the demolition of the house and the removal of
the inoperative vehicles at 10467 Glencoe Drive by July 7, 2003
(c)
Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as
per Item 20)) 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
ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this
2nd day of June, 2003 by the following vote:
Vote
Members of the City Council
AYES: Chang, James, Lowenthal, Sandoval
NOES: None
ABSENT: Kwok
ABSTAIN: None
ATTEST:
~ity Clerk
.x~PROVED: ~
Nlayor, City of Cupertino