CC Resolution No. 6731 . ' ~ ~
RESOU71'I~1 N0. 6731
A RFSOIII~IOCI OF ~ CITY OdUNQL OF Zi~ QTY OF WPE[FPaTO
C~RBJG ABA2~I+~NNr OF AJBLIC NUISANCE QJNgISTING OF
E~CCFSSIVE DIRT SEING SIl7RED AT IL7P 15, Tf2AGT 5990,
. APN 366-38-12
RECl'PAIS:
(a) On Nave~nbes 18, 1985, the City Cwncii of the City of ~Upertino
adapted its Resolution No. 6704, a copy of which is attached hereto and
made a part hereof by refererice;
' (b) Pursuant thereto, tha City Cbuncil of the City of CUpertino held
a hearir?g with respect thereto~ on D~„r. 16, 1985, at 6:45 p.m. , in the
Cour?c~l (~ambers, in the City Hall, located at 10300 Rbrre Avenue;
(c) All a~embers of the City Cau~cil were present;
(d) The Pollowing membets of the City~s staff, am~rig others, were
present:
1. Harbara K. Ernwn, Assistant to the City N~viager;
2. Dorothy Cozs~elius, City Clerk; and
3. c2~arles xilian, city Attorney.
(e) Zhe followin9 inte.rested per~.~ons wer+e also present;
Mrs. Roberts
~f~ h~'~J ~~J remarks, the City Oouncil heazd and
o~sidered all relevarit evide.nce includ.ir~cJ, but not limtted to, testimony
w~der oatts fz~om owr~ers, witnesses and patties interested, as we].1 as
received int° evidence e~ibits at~c1 staff reports, relative to said
matter;
(9) Fbllowirxl the presentation of all evider~ce and closir~g remarks,
the City Oo~v~cil ooa~aidered the matter, ard resolved as follows:
- ~ ~
IT IS F~t RFSOL~/ED by the City Oau~cil oP the City of CUpertino,
, State of California, as follaws:
1. The followirx3 fiz~d3.ngs of fact are her~+l7y made;
(a) Notice of the time and place of the hearirig to abaY.e, arxi
Resolutior?? No. 6704 were duly and z~egularly posted ar~d served, as
' z+~uired by the provisic~na of Ozdirkincs No. 794 of the City of
CUpei't1rio, ellaCteci ot1 Apr11 18 ~ 1977.
i (b) Zhe e3aoessive dirt located at Lot. 15, Tract 5990, situated
upoaz that certain real Pro'pertY, in the City of Npertino, State
of California, constitutes a public riuisance, in that said pile
: of dirt constitutes a hazaYd to public health, safety arid general
; welfare, by reason of threateni~ the free use ar~d enjayment of
, ~jo~ P~Y•
, 2. IT IS TF~DRE ORDERED as follc~ws:
(a) Said public mtisat~ca s~hall be abated.
, (b) A descriptfon of the needed oorrectioaas and/or repairs,
necessazy to cca~g>ly with the abatement onier is as follows:
Removal of the piles of dirt relocat.ed to I,ot 15, Tract 5990, of
the City of Cupertino
~T~1' P~h' sha].1 have the right to have the public
! rniisanoe, as declazgd, abaked, provided the same is o~leted
prior to the expiration of not to exceed seven (7) calerxlar days
, after date of adoption of this Resolution, which time~ upon 5ood
~z~ maY be~er~ded for a re.asonable time by the City
' Council.
; (d) If such public rniisarice is riot abated within such time or
anY extension of time which maY be 5ranted, the Assistant to the
City Manager, s,ha11, by City foroes, or private wntract, cause
, t11e same to be abated.
II;
~ •
PASSID AND ADOPR~D at a regutar meetir~g oP the City Ooi.incil of the
City of C~apertino this 16th day of De~nber, 1985 by the follvwi,ng vote:
Vate embers o~ tha City oo~mcil
AYES: Gatto, Jcatul.son, P1ungY. ~5~'8
2~F5: N~e
ABSENP: Sparlts
I ABSTAIN: None
I
, city of
AT1'F~'P:
Gt-t.,~.L
City Clerk