CC Resolution No. 9656- RESOLUTION NO. 9656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AFFIRMING THE DECISION OF THE CITY MANAGER RELATING TO
THE ABATEMENT AND REMOVAL OF CERTAIN WRECKED, DIS-
MANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF AS A
PUBLIC NUISANCE
WHEREAS, on April 4, 1996, the City Manager caused to be mailed to Floyd and
Mary Ellen Meyer residing at 10486 Westacres Drive (APN 359-16-013) in Cupertino,
individual notices of intention to abate and remove three abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof as public nuisance for said residence above
described; and
WHEREAS, said three vehicles were described in said notice as follows: Blue
Ford, license number LSZ896; Gray Toyota, license number 685GLI; White Dodge van,
license Number 697945; and
WHEREAS, Floyd and Mary Ellen Meyer have appealed the determinations of
the City Manager with respect to said vehicles to the City Council; and
WHEREAS, pursuant to Cupertino Municipal Code Section 11.04.070, a public
hearing has been set before the City Council on July 1, 1996, to consider said appeal; and
WHEREAS, the City Council considered the evidence, both written and oral,
presented to it at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. The City Council finds that all notices have been given as required by law.
2. The City Council finds that the following vehicles located on or at 10486
Westacres Drive (APN 359-16-013) in the City of Cupertino were abandoned, wrecked,
dismantled or inoperative within the meaning of Cupertino Municipal Code Section
11.04.011 and thereby constituting a public nuisance.
Blue Ford, license number LSZ896
Gray Toyota, license number 685GLI
White Dodge van, license Number 697945
Resolution No. 9656
Page 2
3. The City Council finds that said vehicles were placed on said property
above described by or with the consent and acquiescence of Floyd and Mary Ellen Meyer.
4. The City Council, therefore, affirms the determination made by the City
Manager with respect to said vehicles above described.
5. The City Council hereby orders and directs that Floyd and Mary Ellen
Meyer abate and remove said vehicles above described from said property within 30 days
from July 1, 1996.
6. Upon the failure or refusal to comply with this order within the above
described time period, the City Manager is directed to abate and remove said vehicles and
to keep an account of the actual costs of said abatement for further proceedings.
7. The City Manger shall give written notice to the Department of Motor
Vehicles within 5 days of the removal of said vehicles identifying the vehicle and any
known evidence of registration.
8. Any vehicle removed from said property shall be disposed of pursuant to
Sections 11.04.110 et seq. of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of July, 1996, by the following vote:
Vot~ Members o_fthe City. Council
AYES: Chang, Dean, Sorensen, Bumett
NOES: None
ABSENT: Bantista
ABSTAIN: None
ATTEST: APPROVED:
· Mayor, City of Cupertino