CC Resolution No. 22-077 ordering abatement of public nuisance and potential fire hazard pursuant to Cupertino Municipal Code (Section 16.40.200)RESOLUTION N0. 22-077
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ORDERING ABATEMENT OF PUBLIC NUISANCE AND POTENTIAL
FIRE HAZARD (BRUSH) PURSUANT TO CUPERTINO MUNICIPAL
CODE SECTION 16.40.200 REGARDING DEFENSIBLE SPACE (BRUSH)
AND RESO[UTION N0. 22-055
WHEREAS, the Cupertino Municipal Code Section 16.40.200 requires
properf5r owners in the locally adopted Wildland-Urban Interface Fire Area
('l/VUI) to 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. 22-055 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 21, 2022; and
WHEREAS, from the evidence presented, both oral and written, it appears
to be in the best interests of the City to acquire jurisdiction over and abate said
nulSanCe0
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. 22-077
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 Cornrnissioner 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 21st day of Jim"ie 2022, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Chao, Moore, Wei, Willey
None
Paul
None
SIGNED:
,-')7 ,/i Z / z,> Z_ L
'\'
DCiatyrcyofPCauu'MayJO'
Date
ATTEST:
41rslyl_'l
' - .uKirsten Squarcia, City Clerk Date
SANTA CLARA COUNTY FIRE DEPARTMENT
FIRE
Wildland Urban Interface (WUI) Enforced Safety Regulations
2022 Non-Compliant Properties
CITY OF CUPERTINO
APN 35627007 WUI Letter CUP 30
Re-Inspection Date 2022-05-26 Inspector Rony Musones
Violations 430: Create 30 feet of Defensible Space around t.ie home. To accomplish
this, you must clear all flammable vegetation a minimum of 30 feet (or to the
property line) around structures.
Situs Address 22028 LINDY LN, CUPERTINO
Property Owner Name TonyThomas
Property Owner Address 22028 LINDY LN, CUPERTINO, CA
APN 35624013 WUI Letter CUP 30
Re-Inspection Date 2022-05-24 Inspector Rony Musones
Violations A30: Create 30 feet of Defensible Space around t.ie home. To accomplish
this, you must clear all flammable vegetation a minimum of 30 feet (or to the
property line) around structures.
D: Remove all non-fire-resistive vegetation a minimum of10 feet on each side
of a fire apparatus access road or driveway.
Situs Address 21952 LINDY LN, CUPERTINO
Property Owner Name TAYSI MEHMET U AND CANDAN
Property Owner Address 21952 LINDY LN, CUPERTINO, CA
APN 35627002 WUI Letter CUP 30
Re-Inspection Date 2022-05-24 Inspector Rony Musones
Violations A30: Create 30 feet of Defensible Space around t.ie home. To accomplish
this, you must clear all flammable vegetation a minimum of 30 feet (or to the
property line) around structures.
Situs Address 22001 LINDY LN, CUPERTINO
Property Owner Name SURRETTETHOMAS M AND HEMALT
Property Owner Address 22001 LINDY LN, CUPERTINO, CA
Servirbg Sarbtct Clara County arbd the communities of Cainpbell, Cupertirto, Los Altos,
Los Altos Hills, Los Gatos, Mon.te Seren.o, and 8aratoga.