CC Resolution No. 6989
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RESOLUTION NO. 6989
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ORDERING ABATEMENT OF
PUBLIC NUISANCE CONSISTING OF FIRE CODE
VIOLATIONS AT FISHERMAN'S VILLAGE, AT
19930 STEVENS CREEK BOULEVARD
RECITALS:
(a) On September 15, 1986, the City Council of
the City of Cupertino adopted its Resolution No. 6974, a
copy of which is attached hereto and made a part hereof
by reference;
(b) Pursuant thereto, the City Council of the
City of Cupertino held a hearing with respect thereto on
October 6, 1986, at 6:45 p.m. in the Council Chambers,
in the City Hall, located at 10300 Torre Avenue:
(c) All members of the City of Council Council
were present;
(d) The following members of the City's staff,
among others, were present:
1.
Barbara K. Brown, Assistant to the City
Manager;
2.
Betty Lapic, Code Enforcement Officer;
3.
Dorothy Cornelius, City Clerk;
4.
Charles T. Kilian, City Attorney;
5.
Peggy M. Cocker, Deputy City Attorney,
and
(e) The
Fire Protection
present:
following fire inspector of the Central
District of Santa Clara County was
1.
Inspector Tom Von Joo-Tornell.
(f) The following interested persons were also
present:
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(g) 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 interested parties, as well as
received into evidence exhibits and staff reports,
relative to said matter.
(h)
and closing
matter, and
Following the presentation of all evidence
remarks, the City council considered the
resolved as follows:
IT IS HEREBY RESOLVED by the City council of the
City of Cupertino, State of California, 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. 6974 were duly and
regularly posted and served as required by Cupertino
Municipal Code Section 1.09.70.
(b) The serious fire code violations
present at Fisherman's Village 19930 Stevens Creek
Boulevard in the City of Cupertino, State of California
constitute a public nuisance in that they pose a threat
to public health, safety, and general welfare by
increasing the chances of fire and failing to provide
adequate safety measures.
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:
1. Replace front exit light which is
burned out. UFC 82 Sec. 25.113, UFC 82
Sec. 12.114C.
2. Post occupant capacity sign at
front entrance (in bar), front dining
area and rear dining area. UFC 82 Sec.
25.114(a)
3. Service and tag fire extinguishers.
UFC 82 Sec. 25.111
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4. Replace exit lights in
room which are burned out.
25.113
rear dining
UFC 82 Sec.
5. Equip rear exit door with panic
hardware. UFC 82 Sec. 25.106(b2)
6. Remove deadbolt from rear exit
door.
7. Move panic hardware on side exit to
proper position on door. UBC 3304(D)
8. Restore covers to heater in wine
room and refrain from storing
combustibles within 36" of
heating and/or electrical unit.
9. Provide 2AIOBC fire extinguisher in
kitchen. UFC 82 Sec. 10.301.(A)
(c) The property owner of the affected
premises shall have the right to have the public
nuisance, as declared, abated, provided the same is
completed prior to the expiration of not to exceed
seven (7) calendar days after date of adoption 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 extension of time which may be
granted, the City Attorney shall seek to have the
affected owner's license to sell alcoholic beverages or
intoxicating liquors suspended or revoked by the
Department of Alcoholic Beverages control pursuant to
Business and Professions Code Section 24200.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Cupertino this 6th day of
October 1986 by the following vote:
vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Gatto, .Johnson, Plungy, Sparks, Rogers
None
None
None APPROVED:
ATTEST:
/s/ Barbara A. ROQer~
Mayor, City of cupertino
/ê/ Dorothy Cornelius
City Clerk
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RESOLUTION NO. 6974
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO DECLARING INTENT TO
CONDUCT A PUBLIC HEARING CONCERNING A
NUISANCE TO BE ABATED AT FISHERMAN'S
VILLAGE. AT 19930 STEVENS CREEK BOULEVARD
The City Council of the City of Cupertino resolves
as follows:
WHEREAS. the Fisherman's Village is in violation
of numerous provisions of the Uniform Fire Code which
has been adopted as Chapter 16.40 of the Cupertino
Municipal Code; and
WHEREAS. the condition of thê premises is a hazard
to health. safety and public welfare in that serious
fire safety deficiencies are present; and
WHEREAS. the property owners have failed to take
any steps to remedy these fire code violations; ánd
WHEREAS. as provided by Cupertino Municipal Code
Section 1.09.080, the City Council shall hold a public
hearing to determine whether or not said situation
constitutes a public nuisance and. if said determination
is made. the City Council shall require the abatement of
said public nuisance by correction of said fire code
deficiencies, and
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 6, 1986
6:45 p.m.. as the time and 10300 Torre Avenue as the
place wherein public testimony will be taken relative to
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the determination as to whether or not the above-
described structure is a public nuisance and, if so
determined, what type of abatement procedure will be
necessary.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Cupertino this 15th day of
Sp.ntemhpr
, 1986 by the following vote:
Vote
Members of the City Council
AYES:
Gatto, Johnson, Plungy, Sparks, Rogers
NOES:
None
ABSENT:
.
None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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