CC Resolution No. 19-075 Ordering Abatement of Public Nuisance and Potential Fire Hazard (Brush) Pursuant to Cupertino Municipal Code Section 16.40.320 Regarding Defensible Space (Brush) and Resolution No. 19-057 RESOLUTION NO. 19-075
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ORDERING ABATEMENT OF PUBLIC NUISANCE AND POTENTIAL
FIRE HAZARD (BRUSH) PURSUANT TO CUPERTINO MUNICIPAL
CODE SECTION 16.40.320 REGARDING DEFENSIBLE SPACE (BRUSH)
AND RESOLUTION NO. 19-057
WHEREAS,the Cupertino Municipal Code Section 16.40.320 requires property
owners in the locally adopted Wildland-Urban Interface Fire Area (WUI) to
i
maintain effective defensible space by removing brush,flammable vegetation and
combustible growth when required by the fire code official due to steepness of
terrain or other conditions.
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 19-057 to be a public nuisance
and potential fire hazard; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the
City Council on June 18, 2019; and
WHEREAS from the evidence resented both oral and written it appears
pPears
to be in the best interests of the City to acquire jurisdiction over and abate said
nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Agricultural Commissioner is hereby ordered
to abate such nuisance or cause the same to be abated by having the brush referred
to destroyed or removed by cutting, discing, chemical spraying or any other
method determined by him;that all debris,whether in piles or scattered,be hauled ,
away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express
authorization to enter upon said private properties for the purpose of causing said
public nuisance to be abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or
Resolution No. 19-075
Page 2
removed at his/her own expense provided that such destruction or removal shall
have been completed prior to the arrival of the Office of the Agricultural
Commissioner or his authorized representative to destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Agricultural Commissioner shall keep account
of abating said nuisance and embody such account in a report and assessment list
to the City Council,which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved
shall be provided as stated in Cupertino Municipal Code Chapter 9.08.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 18th day of June 2019,by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks,Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
G.,
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Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
R
Grace Schmidt, City Clerk ate
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