CC Resolution No. 9066
RESOLUTION NO. 9066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE
AT 10101 AND 10103 ALHAMBRA AVENUE
RECITALS:
(a) On March 7,1994, the City Council of the City of Cupertino adopted its
Resolution No. 9047, a copy of which is attached hereto and made a part thereof by
reference;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with respect thereto, on April 4, 1994, 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: Bautista,
Burnett, Dean, Sorensen, Koppel;
(d) The following members of the City's staff, among others, were present:
I. Director of Administrative Services Blaine Snyder
2, City Clerk Kim Smith
3. City Attorney Charles Kilian
(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:
I. The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to abate, and Resolution
No. 9047 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977.
(b) The accumulation of debrisltrash and other materials stored in the
front yard and carport, as well as the use of the property to conduct an auto repair
business, on parcel 326-25-028 located at 10101 and 10103 Alhambra Avenue in the City
of Cupertino, State of California, constitutes a public nuisance, in that said storage
constitutes a hazard to public health, safety and general welfare, by reason of threatening
the free use and enjoyment of adjoining property.
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 of accumulation of debrisltrash and other materials stored in the front yard
and carport at 10101 Alhambra Avenue by April 14, 1994
. Termination of auto repair business being conducted at 10103 Alhambra Avenue by
April 14, 1994
(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 which may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
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RESOLUTION NO 9066
ADOPTED at a regular meeting of the City Council of the City of Cupertino this
4th day of April , 1994 by the following vote:
~ Members of the Citv Council
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
AITEST: APPROVED:
Isl Kim Marie Smith
City Clerk
Isl Barb Koppel
Mayor, City of Cupertino
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