CC Resolution No. 04-393
RESOLUTION NO. 04-393
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A
NUISANCE ON PARCEL APN 375-25-062, 10240 JOHNSON AVENUE,
EXCESSIVE UN-CONTAINERIZED GARBAGE, FURNITURE, TOOLS,
LUMBER, RECYCLABLES AND APPLIANCES IN VIEW OF THE PUBLIC
RIGHT OF WAY
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 excessive un-containerized garbage, furniture, tools,
lumber, recyclables, and appliances in view of the public right of way on parcel 375-25-
062; 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 un-containerized garbage, furniture, tools, lumber,
recyclables and appliances.
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 of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval
None
James, Wang
None
A~
' SJ fJ±
CJ MA
City Clerk ;~utï
Vice-Mayor, City of Cupertino
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