CC Resolution No. 04-418
RESOLUTION NO. 04-418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 20091 LA RODA
COURT (APN 369-34-030), E.C. AND COLLEEN P. JAMES PROPERTY
OWNERS
RECITALS:
(a) On September 7, 2004, the City Council of the City of Cupertino adopted
its Resolution No. 04-392 (attached) declaring a public nuisance at 20091 La Roda Court
because of an excessive amount of uncontainerized garbage, dry and overgrown weeds,
and overgrown foliage obstructing the sidewalk;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on October 4, 2004, at 6:45 p.m., in the Council Chambers, in the City Hall, located
at 10300 Torre Avenue;
(c) The following members of the City Council were present: James, Kwok,
Lowenthal, Wang and Sandoval.
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Director of Administrative Services Carol Atwood, City
Clerk Kimberly Smith, City Attorney Charles Kilian, and Code Enforcement Officer
Jeffrey Trybus;
(e) The following interested persons were also present:
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath from owners,
witnesses and parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
1, The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to abate, and Resolution
No. 04-392 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 ofthe Cupertino Municipal Code,
Resolution No, 04-418
Page 2
(b) An excessive amount of uncontainerized garbage, dry and
overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 369-34-030
located at 20091 La Roda Court in the City of Cupertino, State of Cali fomi a, constitutes a
public nuisance, in that said obstruction constitutes a hazard to public health, safety and
general welfare, by reason of threatening the free use and enjoyment of adjoining
property and a possible sight obstruction for vehicular traffic,
2. IT IS THEREFORE ORDERED as follows;
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
. Removal and disposal of un containerized garbage, dry and
overgrown weeds, and overgrown foliage obstructing the sidewalk
at 20091 La Roda Court by October 18, 2004.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated,
(e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance,
Resolution No, 04-418
Page 3
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day
of October 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
. ~
Cit~
APPROVED:
_ ~-fÞ/ ~.d?Ú'/
Mayor, City of Cup no