12. Brush hearingOFFICE OF THE CITY CLERK
CUPERTINO
Agenda Item No. ~~
SUBJECT
MEETING DATE: June 2, 2008
Consider objections to the proposed removal of brush, and adopt a resolution ordering the
abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance
No. 724 and Resolution No. 08-057, Resolution No. 08-075
BACKGROUND
On May 20, 2008, Council adopted Resolution No. 08-057 setting a hearing to consider any
objections of property owners to the proposed removal of brush. After adoption of that resolution
the Cupertino City Clerk's Office sent notice of the abatement program and hearing to the property
owners on the notification list. A copy of the notice is attached.
STAFF RECOMMENDATION
Note protest(s) and adopt Resolution No. 08-075 ordering abatement of public nuisance (brush).
Submitted by:
Kimberly Smi Clerk
CfTY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
Approved for submission to the City Council:
David W. Knapp, City Manager
12-1
DRAFT
RESOLUTION NO.OS-075
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING
ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF
ORDINANCE N0.724 AND RESOLUTION NO.OS-057
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 08-057 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on June 2, 20(}8; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Agricultural Commissioner is hereby ordered to
abate such nuisance or cause the same to be abated by having the brush referred to
destroyed or removed by cutting, discing, chemical spraying or any other method
determined by him; that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express authorization to
enter upon said private properties for the purpose of causing said public nuisance to be
abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Agricultural Commissioner or his authorized
representative to destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Agricultural Commissioner shall keep account of
abating said nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
12-2
Resolution No. 08-075
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 2nd day of June 2008, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
12-3
2008 WEED ABATEMENT PROGRAM
COMMENCMENT REPORT
CITY OF CUPERTINO
CXTY/STATE
stns APN
22800 ~
MERCEDES RD 342-22-046 ,,,,,,
ROYAL REALTY ET AL ETAL 22800 MERCEDES RD CUPERTINO CA 95014-0000
22821 MERCEDES RD 342-22-090 OGI DARRBLL H ET AL 22821 MERCEDES RD CUPERTINO CA 95014-3919
22325 REGNART RD 366-39-Od1 JACKSON JAMES E AND PATRICIA R 22325 REGNART RD CUPERTINO CA 95014-4824
22334 REGNART RD 366-39-004 CORN JAMES N AND LISA B 22334 REGNART RD CUPERTINO CA 95014-4825
22332 REGNART RD 366-39-005 WALTER JOSEPH F TRUSTEE 22332 REGNART RD CUPERTINO CA 95014-4825
N
5 Records Santa Clara County Weed Abatement Program Page 1