Ordinance 1546NO. 1546 ,.~...
JIN`,ORDZNAN(~ OP ~ CITY COCII~II, OF ~ C.PPY OF QJpE1iTIT1p
At'~JDING SELTIONg 1.09.060, 1.09.070 AND 1.09.140 OF
~ QJPERTalO MINICIPAL QODE RELATING ~
Nf1IEANCE ABATII~4hiP
Zhe City Council of the City of Cupertino does ordain ae follows:
Section 1.09 060 - Pastim and rvirxr N ipg is beret i, s,,,..a~a ~ ~~
as followa•
A. The Code Enforcement officer ar his designated representative shall
cause to bn served upon the record owner of the affected premises a
oP the notice referred to in Section 1.09.050, and a certified ~F>Y
resolution of the City Council referz+ed to in Section 1.09.040. of the
B. Notice to the owner of record of the parcel o~n which the rruisanoe
~ wined mast be given prior to recozdation of the lien. the owner
of record is determined based ass the last equalized assessment roll or the
supplemental lull, whichever is moat current.
C. The notices and resolutions shall be posted and served at least
fifteen calendar days before the time fixed for the hearing bafare City
Council. Proo! of posting arzi service of such notices ani resolutions
shall be made by ordinance ar resoluticet which shall be filed in the
office oP the City Clerk,
lion 109 070 Form of Service of Notices and R,PSOlutior:s is hengi
'e~ led and re-nnao},gd as follaas•
Notice shall be served in the same manner as a summons in a civil
action in aooozdanoe with code of Civil Procedure, Sections 415.10 gt
seq. if after a diligent search, the owner of reoonj carmot be located
notice may be served by posting a mP5' thereof in a conspicuous place upon
cimilaprcperty far ten (lo) days and publishing the notice in a general
located. Per published in the county in which the property is
Section 109 140 Notice of Sbeo~al Aar.~cn,ont~ ma,r ri Form
Recordation is hereby amended to read as follows•
A. Upon: confirmation by the City Council, the report referred to in
Section 1.09.120, as revised, oorz+ected ar modified, shall ba filed in the
office of the City Clerk. Upon its tiling, the City Clerk shall cause to
be issued a certificate describing the real prtipexty and the lien claimed
thereon substantially in the following Porm:
~,
Qrdintu'loe No. 1546 .,
"Your property could be sold withcut ywr oor~eertt to satisfy: this
lien."
Notice tv owners:
On the day o! , 199_, the City Oouncil of
Cupertino declared that a ratisanoe existed at the below described pt+smi5es
and ordered that said nuisance be abated on or before the da} =:
of , 199 Hy said date the nuisance has net been
abated and the City of Cupertino proceeded to abate the raiisarfoe,'k~eping
an aooautting of the cost, including incidental expenses, of abatement of
such nui.sa~e.
On the day of 199_, open noticed hearing, the
City O7tII1Ci1 confirmed a report of said aocauitinq and directed the City
Clerk to issue this Claim of Lien and Certificate of Ousts of Nuisance .
Abatement.
Amount of Lien:
Assessars Parcel t~bars
~1 ~~ ._
Agency far whic3i Lte21 Ingosed:
Name and Address of Recorded Owner:
B. In the event the lien is discharged, released, or satisfied, either
thirotxits payment or foreclosure, notice of the discharge oo~staining .the:.
informatics specified in the notice (Ordinance 1.09.140 A.) shall be
recorded by the goverraeerstal agency. A nuisance abatement lien and the
release of the lien shall be irsdesaed in the irsde~t.
C. The certificate shall be transmitted to the Assessor need Tax Collector
for the City far the purpose of r+eoordation aocossiissg to that office's,..:.
usual procedures for the r+eoordation of special assessment tax liens.
From the data of reoorclirsg, the nuisance abatement lien shall have the
force, effect need priority of a jtsdgelaerst lien.
Section ii FYsfor'cemerst
The City Clerk is hereby authorized and instructed to file a certified :_
copy of the orrii2sassoe upon its beoamisx~ effective with the 5heriff's
Office of the Oounty of Santa Clara, State of California.
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IS
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Section III - Publication
Zha City Clerk shall cause this axdinanoa to ba published at least
once in a rsiwspaper of general citwlation published and circulated in the
City within fifteen (15) days attar its passage, in aoocrdanos with
Section 36933 of the Current Codes shall cartiPy to the adoption of
this ozdinatrce and shall cause this artiinance and her certification,
together with proof of publication, to be entered in the book of
Ortiinarroea of the Council of this city
INTRODUCED at a regular meeting o! ttre City Council this 7th day o!
January, 1991, and FZ~UCi~9 at a regular meeting of the City Council this
22rxi day of January, 1991, by the following vale
Vote Members of the City Cbturcil
Aye; Goldman. Rogers, Sorensen, Szabo, Koppel
Np~; None
~$~`; None
AffiTAIN: None
ATTEST: APPFmVP9i
/s/ Dorothy Cornelius /s/ .Farb Koppel
City Clerk Mayor, City of Cupertino
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~tDIl~Nt~ NO. 1546
AN ORDIINANCE OF 'lIiE CITY OfXRJCIL OF 'IfiE CITY OF CUPII7I'1Z10
AMENDING SECIZONS 1.09.060, 1.09.070 AND 1.09.140 OF
ZHE QJPEAT1Zi0 MUNICIPAL COLE RELATING ~
NUISANCE ABATBgNP
Rhe City Council of the City oP Cupertino does ordain as follows:
Section 1.09.060 - Postira and Servirw Notice is hereby amPr~ded to read_
as follows•
A. Zhe Code Enforcement Officer or his designated representative shall
cause to be served upon the record owner of the affected premises a oopY
of the notice referred to in Section 1.09.050, and a certified copy of the
resolution of the City Council referred to in Section 1.09.040.
B. Notice to the owner of record of the parcel on which the nuisance
is maintained must be given prior to recordation of the lien. Zhe owner
of recozd is determined based on the last equalized assessment roll ar the
supplemental roll, whichever is most cuiz-errt.
C. the notices and resolutions shall be posted and served at least
fifteen calendar days before the time fixed for the hearing before City
Council. Proof of posting and service of such notices and resolutioztis
shall be made by or;linance or resolution Fdiici- shall be filed in the
office of the City Clerk.
~,.~ion 109 070 Form of Service of Notices and Resolutions is herebY_
tri~?~1c+A ?++~ r?-a*+a~~? as_follows:
Notice shall be served in the same mazu:er as a su:atnns in a civil
action in accordance with Coda of Civil Procedure, Sections 415.10 et.
seq. If after a diligent search, the owner of recozd cannot be located
notice may be served by posting a copy thereof in a oonspic~ous place upon
the property for ten (10) days aril publishing the notice in a general
circulation newspaper published in the oamty in which the property is
located.
=~=~'v~~ 109 140 NotiCE of Si~eCial a'ac~'4~+~tt 'PaY r.ipns - Fblm -
Rur nrrlwt i nn i a hPw~r amenCleCj tp 2^ead a3 fO110W5'
A. Upon ocatfirmation by the City Ootmcil, the report referred to in
Section 1.09.120, as revised, corrected ar modified, shall be Piled in the
office of the City Clerk. Upon its filing, the City Clerk shall cause to
be issued a certificate describing the real pz+aperty and the lien claimed
thereon substantially in the following form:
OxdindTloe No. 1546
"Your property could be sold without your co9lsertt to satisfy this
lien. ~'
Notice to owners•
(N~)
091 the day of , 199 ,the City Q7uT9Ci1 of
Cupertino declared that a nuisance existed at the below described premises
and ordered that said nuisanne be abated on ar before the day
of , 199 By said date the nuisance has not been
abated and the City of Cupertino proceeded to abate the nuisance, keeping
an aooamting of the cost, including incidental expenses, of abatement of
such nuisance.
~ the day of 199 , open noticed hearing, the
City Council confirmed a report of said aaoountirq and directed the City
Clerk to issue this Claim of Lien an3 Certifiate of Oasts of Nuisance
Abatement.
Amount of Lien:
Street Address• -
Assessors Parcel T
Legal Devcriptio9l:
Agency for which Lien Imposed:
Name anti Address of R~eoorded Owner:
B. in the event the lien is discharged, released, ar satisfied, either
through payment ar foreclosure, notice of the disc29ar+ge ocntaining the
infozmation specified in the notice (Ordinance 1.09.140 A.) shall be
r~ecoztled by the governmental agency. A nuisance abatement lien and the
release of the lien shall be indexed in the grantor-grantee indeoc.
C. The certificate shall be transmitted to the Assessor aryl Tax Oollector
for the City for the purpose of recordation aowzding to that office's
usual procedures for the recordation of special assesstae9lt tax liens.
f'z+un the date of reconiing, the nuisance abatement lien shall have the
force, effect and priority oP a judgement lien.
Section II F79forcaner9t
Zlte City Clerk is Y authorized arxi instn9cted to file a oertilied
copy of the ordin~v9ce upoa9 its beco9airxl effective with the Sheriff's
Office of the County of Santa Clara, State of California.
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Section III - Publicatiat
2Y~e City Clerk shall cause this ozdinatx~.e to ba published at least
once in a newspaper of general circulation published and ciztivlated in the
City within fifteen (15) days after its passage, in aooozdanoe with
Sectioa~ 36933 of the Government Coder shall cerkiPy to the adoption oP
this ordinance and shall cause this ozdinance and her certification,
together with psnof of publication, to be entered in the book of
i Oniinancea of the Council of this City
It~IllioWCID at a regular meeting oP the City Colulcil this 7th day of
January, 1991, and II~IIUCTED at a regular meeti~ Of the City CcuTlcil this
22nd day of January, 1991, by the following Vote
Vote Metnbexs of the City Council
AyE,; Goldman, Rogers, Sorensen, Szabo, Koppel
Np~; None
None
AffiTATN: None
^ ty Clark Mayor, City o no
r
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