CC Resolution No. 02-008_ RESOLUTION NO. 02-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE
AT 10200 STERN AVENUE
RECITALS:
(a) On December 3, 2001, the City Council of the City of Cupertino adopted
its Resolution No. 01-250 (attached) declaring a public nuisance at 10200 Stem Avenue
because of an accumulation of trash and debris.
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on January 7, 2002, at 6:45 p.m., in the Council Chambers, in the City Hall, located
at 10300 Torre Avenue;
(c) The following members of the City Council were present: Chang, James,
Kwok, Lowenthal, and Sandoval.
(d) The following members of the City's staff, among others, were present:
Director of Administrative Services Carol Atwood, City Clerk Kimberly Smith, City
Attorney Charles Kilian, and Code Enforcement Officer Gary Komahrens.
(e) The following interested persons were also present:
Renee Phillip, 10200 Stem.
(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. 01-250 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
(b) The accumulation of debris/trash and other materials stored on
parcel 375-12-002 located at 10200 Stem Avenue in the City of Cupertino, State of
Resolution No. 0~-00~ Page
California, constitutes a public nuisance, in that said storage constitutes 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/trash and other materials at
10200 Stem Avenue by January 20, 2002.
(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 that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
(e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance.
ADOPTED at a regular meeting of the City Council of the City of Cupertino this
7th day of January 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
Cit~~-z~
APPROVED:
Mayor, City of Cupertino