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CC Resolution No. 04-392 RESOLUTION NO. 04-392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE ON PARCEL 369-34-030, 20091 LA RODA COURT, EXCESSIVE UN-CONTAINERIZED GARBAGE, DRY AND OVERGROWN WEEDS, AND OVERGROWN FOLIAGE OBSTRUCTING THE SIDEWALK WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a nuisance as anything which is declared by the City Council to be or likely to become injurious to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; and WHEREAS, there exists an excessive amount ofuncontainerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 369-34-030; and WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a public hearing to determine whether or not said conditions constitute a public nuisance and, if said determination is made, the City Council shall require abatement of said public nuisance by immediate removal of all uncontainerized garbage, overgrown weeds, and obstructing foliage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does, upon adoption of this resolution, establish the date of October 4, 6:45 p.m., (or as soon as the matter can be heard) as the time and 10300 Torre Avenue, Cupertino, California as the place wherein public testimony will be taken relative to the determination as to whether or not a public nuisance exists and if so determined, what type of abatement is necessary. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004 by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval None James, Wang None ATTEST: APPROVED: ~t:SJ~ ji- 1f~ City Clerk /ktu vicé-Mayor, City of Cupertino