CC Resolution No. 17-017 Ordering Abatement of Public Nuisance Pursuant to Provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 16-136RESOLUTION NO. 17-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND
RESOLUTION NO. 16-136
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. 16-136 adopted December 20,
2016, to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at the regular
meeting of the City Council on February 7, 2017; 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 Agricultural Commissioner 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 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 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 Agricultural Commissioner or his
authorized representative to destroy or remove them by the Parcel Abatement
Deadline of April 30 , 2017.
BE IT FURTHER RESOLVED:
Resolution No. 17-01 7
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1. That 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 Chapter 9.08.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 7th day of February 2017, by the following vote:
Vote Members of the City Council
A YES: Vaidhyanathan, Paul, Chang, Scharf, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
L ~Vc,,,'#~
Savita VaidhyanathaK, Mayor
City of Cupertino