CC Resolution No. 01-137l~esolufion No. 01-1~?
RESOLUTION NO. 01-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 01-114
WHEREAS, the City Council has declared that the growth of weeds and brush
upon the private properties as described in Resolution No. 01-114 to be a public
nuisance; and
WHEREAS, after due notice, a public hearing thereon was held at the regular
meeting of the City Council on June 18, 2001; 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 Fire Marshal is hereby ordered to abate such
nuisance or cause the same to be abated by having the weeds 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 Fire Marshal 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 weeds 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 Fire Marshal or his authorized representative to
destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Fire Marshal 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.
Resolution No. 01-137
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 18th day of June, 2001, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAiN: None
ATTEST:
APPROVED:
-Mayor, City of Cup~fi~ '