CC Resolution No. 00-241RESOLUTION NO. 00-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT
7535 NORMANDY WAY
RECITALS:
(a) On August 21, 2000, the City Council of the City of Cupertino adopted its
Resolution No. 00-220, 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 September 18, 2000, at 6:45 p.m., in the Council Chambers, in
the City Hall, located at 10300 Torte Avenue;
(c) The following members of the City Council were present: Burnett,
Chang, James, Lowenthal, 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. Code Enforcement Officer Alex Wycoff
(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 hearing to abate, and
Resolution No. 00-220 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 overgrown foliage obstructing the sidewalk and street, an
appliance, broken equipment, and litter in the front yard and driveway at 7535 Normandy
Way in the City of 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.
Resolution No. 00-241 Page
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
· Removal of the foliage, appliance, broken equipment, and litter at 7535 Normandy
Way by September 28, 2000.
(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 this 18th day of September, 2000, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Lowenthal, Statton
NOES: None
ABSENT: James
ABSTAIN: None
Resolution No. 00-241 Page
RESOLUTION NO. 00-220
ATTACHMENT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A
NUISANCE ON PARCEL 366-11-151, 7535 NORMANDY WAY, OVERGROWN
FOLIAGE OBSTRUCTING THE SIDEWALK AND STREET, AN APPLIANCE,
BROKEN EQUIPMENT, AND LITTER IN THE FRONT YARD AND
DRIVEWAY
WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a
nuisance as anything which is declared by the City Council to be or likely to become
injurious to the senses, or an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property; and
WHEREAS, there exists overgrown foliage obstructing the sidewalk and street,
an appliance, broken equipment, and litter in the front yard and driveway
on parcel 366-11-151; and
WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a
public heating to determine whether or not said condition constitutes a public nuisance
and, if said determination is made, the City Council shall require abatement of said public
nuisance by immediate removal of all overgrown foliage, appliances/broken equipment,
and litter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does, upon adoption of this resolution, establish the date of September 18,
2000, 6:45 p.m., as the time and 10300 Torte Avenue, Cupertino, California as the place
wherein public testimony will be taken relative to the determination as to whether or not
a public nuisance exists and if so determined, what type of abatement is necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of August, 2000 by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino