CC Resolution No. 61600 0
RESOLUTION NO. 6160
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ORDERING ABATEMENT OF
PUBLIC NUISANCE CONSISTING OF THE ABANDONED
BUILDING AT 21852 LINDY LANE.
RECITALS:
(a) On August 15, 1983, the City Council of the City of Cupertino
adopted its Resolution No. 6152, entitled, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING
CONCERNING THE ABANDONED BUILDING AT 21852 LINDY LANE, 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 September 6, 1983, at
6:45 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, among
others were present:
1. James H. Sisk, Director, Planning and Development
2. Dorothy Cornelius, City Clerk; and,
3. Charles Kilian, City Attorney.
(e) The following interested persons were also present;
Charles R. Younger
Stuart Kadas
Lawrence Epstein
Martin Kasik
John E. James
(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:
(d) If such public nuisance is not abated within such
time or any extension of time which may be granted, the
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 6th day of September , 1483, by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
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06r, C ffy of Cuper
ATTEST:
City Clerk
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. 6152 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 21852 Lindy
Lane, situated upon that certain real property, in the
City of Cupertino, State of California, which real
property is more particularly described in Exhibit C,
which is attached hereto and made a part hereof by
reference, constitutes a public nuisance, in that said
building constitutes a hazard to public health, safety
and general welfare, by reason of dilapidation, inadequate
structural integrity and abandonment.
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:
SEE EXHIBIT A ATTACHED HERETO
(c) The property owner, by public statement at the
hearing of September 6, 1983, waived the right to have the
public nuisance, as declared, abated on his own initiative,
thereby allowing the City to take immediate action to abate
said public nuisance.
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1. Construct solid board fence at a height of eight (8)
feet along the Lindy Lane frontage so as to prohibit
access to the site.
2. Board all windows and doors of the building so as to
prohibit access to the interior of the structure.
3. Conspicuously post "keep out dangerous building" sign.