CC Resolution No. 01-259 RESOLUTION NO. 01-259
A RESOLUTION OF THE CITY COUNCIL OF TIIE cITY OF CUPERTINO
ABATEMENT OF pUBLIC NUISANCE pURSUANT TO
ORDERING NO. 724 AND REsoLUTION NO. 01-239
pRoVISIONS OF ORDINANCE
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the private
properties as described in Resolution No. 01-239 adopted November 19, 2001 to be a
public nuisance; and
· thereon was held at the regular
WHEREAS, after due notice, a public heanng
· L-__ ~r~he CiW Council on December 17, 2001; and
adjoumeO meeuu~ u~ --
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
· , iscin , chemical spraying or any other method determined by him;
~erno ed b cutting, d g. .... ~* be hauled away;
~"- 's, whether in pries or
· ' s, assistants, employees, contracting
the Fire Marshal and his de_p_~},e~,, 'zation to enter upon said private
2. That .
agents or other representatives snan ttav,~ v abated; and
properties for the purpose of causing said public nuisance to be
rt owners shall have the right to destroy or
3. That any affected P.r~ope,v_Y__,,r or have the same destroyed or removed at
or debris himselI or
remove such weeds shall have been completed
his/her own expense provided that such destruction or remoV~lauthorized representative to
prior to the arrival of the Office of the Fire Marshal or his
destroy or remove them.
BE IT FURTHER RESOLVED: shall keep account of abating said
1. That the Office of the Fire Marshal assessment list to the City Council,
nuisance and embody such account in a report and
which shall be fried 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. 01-259
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. 01-239
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the private
properties as described in Resolution No. 01-239 adopted November 19, 2001 to be a
public nuisance; and
WHEREAS, after due notice, a public hearing thereon was held at the regular
adjourned meeting of the City Council on December 17, 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.
Resolut/on No. 01-259 Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 17th day of December 2001, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
AB SENT:
ABSTAIN:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk (/
APPROVED: . , ~ /?
Mayor, City of Cupertino