Item 3.1 - Reso. Declaring Property at 13990 Humo Dr. Constitutes a "Public Nuisance"G��Y OF WAY
City of Poway
COUNCIL AGENDA REPORT
Cm W THE �QJ
DATE: February 5, 2019
TO: Honorable Mayor and Members of the City CouncA
FROM: Robert Manis, Director of Development Services PA
CONTACT: Robert Manis, Director of Development Services
(858) 668-4601 or bmanis@poway.org
APPROVED
0
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
.b>t
SUBJECT: Resolution declaring that the Property at 13990 Humo Drive Constitutes a "Public
Nuisance" and Ordering the Property Owners to Abate the Violation
Summary:
The hearing on this item is being held pursuant to Chapter 8.72 of the Poway Municipal Code
(PMC) for the purpose of determining whether the storage of commercial and industrial products
and materials, the accumulation of junk, and the parking and storage of commercial vehicles at
13990 Humo Drive (APN: 321-132-06) should be declared a "public nuisance' and whether the
property owners should be ordered to correct these violations. The owners of the property are
Joe Castle and Cynthia Castle. Should the City Council order that these violations be removed,
and if the property owners fail to do so in the time allotted, then the City will complete the work
and place a lien on the property or record a special assessment for all costs and fees associated
with securing compliance with the applicable codes.
Recommended Action:
It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding
that the conditions on the property constitute a public nuisance and declaring that the City abate
the nuisance if the property owners fail to timely remedy the public nuisance conditions.
Discussion:
In August 2017, the City started receiving complaints about the accumulation of junk and the
parking of commercial vehicles (semi -trucks and trailers) at 13990 Humo Drive. Upon inspection
of the property, it was discovered that a large amount of debris and commercial/industrial products
and materials were being stored at the property and several large commercial trucks and trailers
were parked in violation of the City's regulations. Sections 8.80.020 and 8.80.030 of the Poway
Municipal Code (PMC) prohibit the accumulation of junk. The commercial and industrial related
uses of the property, including the storage of products and materials, are in violation of Sections
17.54.020 and 17.54.040 of the PMC. Section 17.08.230 prohibits the parking of semi -trucks,
trailers, and other heavy-duty commercial vehicles on a residential lot for more than eight hours.
An aerial/site location map of the property is included as Attachment B.
In addition to the accumulation of junk and the storage of commercial/industrial products and
materials, there are several vehicles (cars and trucks) also stored on the property. It is not known
if all of the vehicles are operable and registered to the property owners. A majority of the storage
occurs in the back yard of the residence. However, the backyard is adjacent to Tierra Bonita
Road and visible from several vantage points along the right-of-way. A chain link fence with
1 of 44 February 5, 2019, Item # 3.
Public Nuisance Hearing — 13990 Humo Drive
• February 5, 2019
Page 2
privacy slats was erected along the Tierra Bonita side of the rear yard, but the rear yard is still
visible from the north and south, beyond the ends of the fence. Additionally, several of the non-
permitted commercial vehicles are stored in the front and street side yards, in violation of Section
17.42.060(G).
It should be noted that in 2006 and 2013, the City received similar complaints and opened Code
Compliance Cases regarding accumulation of junk, business related storage and storage of
commercial vehicles. In July 2010, the property owner built the chain link fence previously
mentioned. In 2014, it was noted that the junk and vehicles in the front yard had been relocated
to the backyard and were adequately screened by the fence. Since that time, the amount of
storage and the number of vehicles has increased, resulting in renewed complaints from several
neighbors.
Regarding the junk accumulation, the PMC (Section 8.80.030(B)) states that no person shall •
accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes
or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with
all of the six regulations stated in that section.
1. The accumulation shall be stored either in sturdy, vermin proof closed containers, or
on platforms elevated not less than 18 inches above the ground. A vast majority of
the junk is stored on the ground and not in sturdy containers. Some of the junk is
covered with tarps, but this is not considered vermin proof.
2. The accumulation shall not be maintained so as to be conducive to the breeding,
shelter or harborage of insects, rodents, vermin or pests. Because most of the junk is
stored in the open air, it could harbor rodents or vermin. Some of the complaints
received by the City mention concerns for a rodent problem given the nature and
amount of junk accumulation.
3. The accumulation shall not be strewn about or maintained in an unsightly condition.
The junk accumulation is strewn about the back yard and not kept in an orderly fashion.
It is unsightly and visible from the public right-of-way.
4. The accumulation shall be maintained so as not to constitute a fire hazard. This
property is located within the High Fire Hazard Area of the City. The Fire Department
has concluded that the accumulation of junk creates a fire hazard to the property
occupants, neighborhood and to responding firefighters in the event of an emergency
incident.
5. The accumulation, if not contained in metal or opaque containers, shall be kept in an
area enclosed by a lawfully constructed opaque fence or wall at least two feet higher
than the accumulation or, alternatively, said accumulation shall be completely covered
with canvas, a tarpaulin, opaque plastic or some like material. The existing chain link
fence with slats is not adequate to screen the accumulation of junk. It is built in a
straight line along Tierra Bonita Road. Because it does not completely enclose the
rear yard, it allows visibility from Tierra Bonita Road into the rear yard at the north and
south ends of the fence. As previously mentioned, only a portion of the junk is covered
with tarps.
2 of 44 February 5, 2019, Item # 3•
Public Nuisance Hearing — 13990 Humo Drive
February 5, 2019
Page 3
6. The accumulation shall be maintained so as not to constitute a danger or potential
danger to the public health, safety or welfare. As previously mentioned, ;he
accumulation of junk constitutes a fire hazard and potential shelter for vermin and
rodents.
On August 3, 2017, a new Code Compliance Case was opened when the City started receiving
new complaints about the property. The City issued the property owners four Notices of Violation,
two Notice and Orders to Abate, and four Administrative Citations from August 2017 to May 2018.
The four Administrative Citations included fines in the amounts of$100, $200, $500, and $1,000,
respectively, as prescribed by the PMC. Two of the Notices of Violation were issued in August
and September of 2017 for the junk accumulations and parking of commercial vehicles. Two
additional Notices of Violation were issued in April 2018, after it was discovered that commercial
and industrial products and materials were also being stored at the property, constituting a
commercial related use of the property in violation of Sections 17.54.020 and 17.54.040 of the
PMC. In discussions with the property owner, he indicated that much of the commercial items
were purchased from businesses and he intends to re-sell the products as is or dismantle them
to sell the salvaged parts. Additionally, a fleet of commercial vehicles is being stored at the
property. A summary of the case history and documents associated with the code enforcement
of this case are included as Attachment C.
On December 19, 2018, the City Attorney's Office sent the owners a Notice of Violation citing the
outstanding violations, demanding that the owners timely correct the violations, and providing the
owners a notice to appear before the Poway City Council at the February 5, 2019 City Council
meeting where the City Council would consider whether to declare the property a public nuisance
(Attachment D). The property owners have not taken the required steps to correct the violations.
Photos of the junk accumulation, parked/stored vehicles and semi-trucks and trailers, and stored
commercial/industrial products are provided as Attachment E.
If the City Council finds that the conditions on the property constitute a public nuisance, the City
will — after the City both provides the owners the required legal notice and secures an inspection
and abatement warrant — abate the violations by removing all the junk, parked/stored vehicles
and semi-trucks and trailers, and stored commercial/industrial products. All costs and fees of the
abatement will be kept and itemized and, if the owners refuse or fail to timely reimburse the City
for such expenses, staff will return to the City Council to confirm the costs and fees and then lien
the property or record a special assessment to recoup all the City's costs and fees.
Environmental Review:
This item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is
therefore not subject to CEQA review.
Fiscal Impact:
All costs/fees of the abatement, plus an administrative fee, will be assessed to the property
owners via a lien and/or a special assessment.
3 of 44 February 5, 2019, Item # 3. 1
Public Nuisance Hearing — 13990 Humo Drive
February 5, 2019
Page 4
Public Notification:
Public notice was published in the Poway News Chieftain on January 24, 2019, and a copy of
this report was sent to the property owners. A copy of the notice was posted at the property.
Attachments:
A. Resolution
B. Aerial/Site Location Map •
C. Case History Summary and code enforcement documents
D. December 19, 2018 letter from City Attorney
E. Photographs
Reviewed/Approved By: Reviewed By: Approved By:
344/tinl
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
4 of 44 February 5, 2019, Item # 3.
RESOLUTION NO. P-19-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA,
FINDING AND DECLARING CONDITIONS PRESENT AT
13990 HUMO DRIVE, POWAY, CALIFORNIA
TO BE A PUBLIC NUISANCE AND ORDERING
THE ABATEMENT THEREOF
WHEREAS, inspections of the premises at 13990 Humo Drive, Poway, California, with
Assessor Parcel Number 321-132-06 ("Property") have been repeatedly conducted by City of
Poway ("City") personnel;
WHEREAS, said inspections reveal violations of the Poway Municipal Code exist on the
Property;
WHEREAS, specifically, City personnel have observed violations of Section 8.80.030 of
the Poway Municipal Code by maintaining or permitting an accumulation of junk on a lot used
for residential purposes or on a lot adjacent to a lot used for residential purposes;
WHEREAS, City personnel have also observed a violation of Section 17.08.230 of the
Poway Municipal Code by parking commercial vehicles on a residential lot for more than eight
hours;
WHEREAS, furthermore, City personnel have observed a violation of Sections
17.54.020 and 17.54.040 of the Poway Municipal Code by using the residential property for
commercial and industrial related uses, including the storage of products and materials;
WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the
Property owners, including by issuing violation notices on August 16, 2017, September 1, 2017,
April 17, 2018, and April 27, 2018, issuing Notice and Orders to Abate Nuisance on November
19, 2017 and May 14, 2018, issuing administrative citations on January 19, 2018, February 16,
2018, April 27, 2018, and May 16, 2018, and finally by way of a letter from the City Attorney's
Office dated December 19, 2018 demanding compliance;
WHEREAS, the Property owners have been non-responsive to the City's efforts to
informally resolve this matter;
WHEREAS, Section 8.72.020 of the Poway Municipal Code defines a nuisance as
follows:
A "nuisance" includes but is not limited to the violation of any ordinance,
resolution, regulation or policy adopted by the City Council, as defined
within any such ordinance, resolution, regulation or policy, or any
condition within the City found to be a potential threat to the general
health, safety and welfare of the public.
WHEREAS, California Civil Code Section 3480 provides that "[a] public nuisance is one
which affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon individuals
may be unequal;"
5 of 44 ATTACHMENT A February 5, 2019, Item # 3•
Resolution No. P-19-
Page 2
WHEREAS, California Health & Safety Code Section 17980.10 provides that upon the
City Council adopting a Resolution determining that a property constitutes a public nuisance, the
City acquires jurisdiction to abate any such violation; and
WHEREAS, a public hearing was held before the City Council on February 5, 2019, and
all interested parties were provided notice and an opportunity to be heard on the issue of
whether the conditions present at the Property constitute public nuisances.
NOW, THEREFORE, based on the written documents and oral testimony presented at
the hearing, the City Council of the City of Poway resolves as follows:
Section 1. The forgoing recitals are true and correct and the City Council so finds
and determines.
Section 2. The City Council finds and declares that the following conditions on the
Property each present a danger to the health, property, safety, and welfare of the public and
therefore constitute a public nuisance as defined in California Civil Code Sections 3480 and the
Poway Municipal Code: (1) maintaining or permitting an accumulation of junk and/or inoperable
vehicles on a lot used for residential purposes; (2) parking/storing commercial vehicles on a
residential lot for more than eight hours; and (3) using the residential property for commercial
and industrial related uses.
Section 3. The City Council orders the owners of the Property to abate the
nuisances within thirty (30) days by (i) removing any accumulation of "junk" (as that term is
defined by Poway Municipal Code Section 8.80.010(c)) and any inoperable vehicle from public
view in compliance with Poway Municipal Code Chapter 8.80; (ii) removing commercial vehicles
from the property pursuant to Poway Municipal Code Section 17.08.230; and (iii) removing the
commercial and industrial products and materials from the property pursuant to Poway
Municipal Code Sections 17.54.020 and 17.54.040. Following completion of the
aforementioned corrective work and within the same thirty (30) day period, the owner of the
Property shall have the City inspect the Property to verify compliance.
Section 4. A copy of this resolution of the City Council ordering the abatement of the
nuisances shall be served upon the owners of the Property. The service shall be made both by
registered or certified mail, addressed to the owner at the last known address of the owner and
by posting a copy on the Property. Any owner shall have the right to have the nuisances abated
in accordance with this resolution and at his or her own expense, provided the same is
completed prior to the expiration of the thirty-day period.
Section 5. If the nuisances are not completely abated by the owners as directed
within the thirty-day period, the City shall cause the same to be abated by the City personnel or
private contract, and the personnel or persons under contract are expressly authorized to enter
upon the premises for such purposes. The owner of the premises shall be liable to the City for
all costs and fees of the abatement, including administrative costs.
Section 6. In accordance with the provisions of Poway Municipal Code Chapter 8.72,
the City Council directs City staff to maintain an itemized account of all costs incurred by the
City in abating the nuisances, including all administrative and legal fees and expenses. City
staff shall submit to the City Council for confirmation an itemized written report showing the
costs. The City Council may modify the report if it is deemed necessary and shall then confirm
6 of 44 February 5, 2019, Item # 3. 1
Resolution No. P-19-
Paga 3
the report by motion or resolution. Pursuant Government Code Sections 38773 and 38773.5 of
the Government Code, the total cost, fees, and expenses of abatement, including all
administrative costs, shall constitute a lien or a special assessment against that parcel and shall
be collected in accordance with applicable State and City laws.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting held on the 5th day of February 2019.
Steve Vaus, Mayor
ATTEST:
A. Kay Vinson, Interim City Clerk
STATE OF CALIFORNIA ) •
) SS
COUNTY OF SAN DIEGO )
I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 19- was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of February 2019, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
A. Kay Vinson, Interim City Clerk
City of Poway
7 of 44 February 5, 2019, Item #3•
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8 of 44 ATTACHMENT B February 5, 2019, Item # I,
STEVE VAUS.player CITY OF POWAY 7"G-of 'O qy
JOHN MUI.LIN,Deputy Mayor
JIM CUNNINGH:W I,CouncilnTcmbcr
DA\'I.'GROSCI 1,Councilmember
BARRY LEONARD,Councilmcmlxr \�'eJ •.�,,, ,•�
THE 99--
CASE CHRONOLOGY
APN: 321-132-06-00 CASE NUMBER: 17-0469
DATE PREPARED: November 29, 2018
VIOLATION ADDRESS: 13990 Humo Dr.
PROPERTY OWNER AND ADDRESS: Joe and Cynthia L. Castle
13990 Humo Dr. Poway, CA 92064.
PMC VIOLATION(S) EXISTING TO THIS DATE:
17.28.010, 17.54.020,17.54.040, 8.80.020(B), 17.08.230(E), 17.42.060(G)(2) &
Ch. 8.72 & 10.52
DATE INVESTIGATION REPORT PMC WITNESS
8/3/17 Received complaint; opened case. 17.28.010,6.80.020(8), D. Welte
17.08.230(E),
17.42.060(6)(2), &
Ch. 6.72& 10.52
8/8/17 Site visit. D. Welte
8/16/17 151 Notice of Violation. 17.28.010,8.80.020(8). D. Welte
17.08.230(E),
17.42.060(G)(2),&
Ch.8.72& 10.52
9/1/17 Site re-inspection, violations ongoing. D. Welte
9/1/17 2nd Notice of Violation 17.28.010,8,80.02003). D. Welte
17.08.230(E).
17.42.060(6)(2),&
Ch.8.72& 10.52
9/12/17 Phone contact with property owner, D. C. Wishert
Welte is away due to injury. Welte will
contact owner upon his return.
9/25/17 Phone contact with property owner. Owner D. Welte
stated he will be occupied on other
matters until October 11, 2017. Staff
agreed to contact him after that date.
10/24/17 Phone call to property owner. No answer, D. Welte
left voice message.
11/7/17 Site re-inspection, violations ongoing. C. Wished
11/9/17 Notice and Order 17.28.010, 8.80.020(8), D. Welte
17.08.230(E),
17:42.080(G)(2),&
Ch.8.72& 10.52
11/30/17 Phone contact with owner. Owner was D. Welte
asked to make or show visible progress by
12/15/17.
Ciry Hall Located at 13325 Civic Center Drive
\ Mailing Address: P.O. Box 789, Poway, California 92074-0789
•9 of 44 t4WW4''OHMEN;T C February 5, 2019, Item
)°
12/12/17 Site re-inspection, violations ongoing. D. Welte
C. Wished
12/21/17 Site re-inspection, violations ongoing. D. Welte
C. Wished
12/22/17 Sent letter to property owner correcting D. Welte
case number typographic error on Notice
and Order mailed to him on 11/9/17.
1/19/18 151 citation issued (for violations observed 17.28.010,8.80.020(8), D. Welte
17.08.230(E),
on 12/21/18). 1742.060(6)(2), &
Ch. 8.72& 10.52
2/13/18 Site re-inspection, violations ongoing. D. Welte
2/14/18 Emailed photos to J. Canavan, 8.80.020(B) D. Welte
accumulation poses threat to surrounding J. Canavan
homes and hampers fire suppression on
the property.
2/16/18 2N0 citation issued. 17.28.010,8.80.020(8), D. Welte
17.08.230(E).
17.42.060(G)(2), &
Ch. 8.72& 10.52
2/21/18 Received letter from property owner R. Manis
addressed to R. Manis. D. Welte
4/11/18 Response letter to property owner. D. Welte
4/17/18 151 Notice of Violation — adding additional, 17.54.020 D. Welte
applicable PMC code sections to ongoing 17.544.040
violations.
4/26/18 Site re-inspection, violations on going. D. Welte
4/27/18 2nd Notice of Violation — adding additional, 17.5544.020 D. Welte
applicable PMC code sections to ongoing 7.544.0440
violations.
4/27/18 3rd citation issued. 17.28.010.8.80.020(8), D. Welte
17.08.230(E),
17.42.060(G)(2), &
Ch. 8.72& 10.52
5/14/18 Notice and Order 17.54.020 D. Welte
17.54.040
5/15/18 Site re-inspection, violations ongoing. D. Welte
5/16/18 4T" citation issued. 17.28.010,8.80.020(8), D. Welte
17.08.230(E),
17,42.060(G)(2), &
Ch, 8.72& 10.52
7/2/18 Meeting with property owner. D. Welte
R. Manis
8/1/18 Letter to property owner, 60 day deadline
to remove violations.
10/1/18 Site re-inspection, violations ongoing. D. Welte
11/19/18 Site re-inspection, violations ongoing. D. Welte
1 12/19/18 City Attorney issued a final notice to 17.28.010,8.80.020(8), D. Welte
17.08.230(E), R. Manis
property owner. 17,42.060(G)(2), 17.54.020
17.54.040,Ch.8.72&ch. City Attorney
10.52
P10 of 44 February 5, 2019, Itemawc of 2
SIEVE VAUS,Mayor CITY OF POWAY 1
BARRY LEONARD,Deputy Mayor
JIM CUNNINGI IAM,Coundlmember
DAVE GROSCU,Coundlmember
JOHN MULLIN,Coundlmembcr 'e
\�!rY M THE cc)"
August 16, 2017
Notice of Violation
Property Owner
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at
13990 Humo Dr. (APN 3211320600); Case No.17-0469
Dear Property Owner,
It has come to the attention of the City of Poway that the following violations of the Poway
Municipal Code (PMC) exist on your property:
1. Home Occupation Regulations, PMC Section 17.28.010 — Home occupation permit
(HOP) required for business (Joe Castle Company) in RR-C zone.
2. Junk Accumulation Regulations, PMC Section 8.80.020(B).
3. Commercial Vehicles in Residential Zones, PMC Section 17.08.230(E).
4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2).
5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72
You are required to complete the following corrective measures within ten (10) days from
the date of this notice:
1. Cease operation of business related activity on the property or obtain HOP. Must
comply with all HOP regulations (outdoor storage not allowed, no storage of
commercial vehicles, shall not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a
fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of
materials, building materials, debris, cardboard, mechanical items, plastics, automotive
items and tires, to the satisfaction of Poway Fire Marshal and Director of Development
Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not
allowed in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling. All
vehicles not registered to the property owner or resident may not be stored on the
Page 1 o12
11 of 44 February 5, 2019, Item # 3.
property and must be removed. If they are owned by a lawful resident of the home, you
shall provide written evidence of residency (including person's full name and contact
information), photos of the vehicle (with license plate or VIN visible) and title info/DMV
registration cards for each vehicles to remain on the property.
5. Storage of vehicles on your property are contributing to a Public Nuisance and are
subject to abatement and/or removal.
Failure to correct the violations by the required date may result in issuance of
Administrative Citation, double permit fees, recordation of Notice of Violation
against the property, imposition of lien against the property, Nuisance Abatement
Proceedings and/or referral to the City Attorney. fy
Thank you for your cooperation in this matter. If you have any questions, I may be reached
at (858) 668-4664 or dwelte anpoway.orq.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
r
a&WeIteCoe.CompIiance Officer
•
12 of 44 February 5, 2019, Item # 3•
sr� EVEVAUS,Mayor CITY OF POWAY ��� ,w
BARRY LEONARD,Deputy Mayor G� I)-
JIM CUNNINGHAM,Councibnember
DAVE GROSCH,Councilmember /
JOHN MULLIN,Councilmen-thee -se�e4c,{
city INTME
September 1, 2017 -- �
SECOND NOTICE OF VIOLATION
Property Owner
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at
13990 Humo Dr. (APN 3211320600); Case No.17-0469
Dear Properly Owner,
It has come to the attention of the City of Poway that the following violations of the Poway
Municipal Code (PMC) exist on your property:
1. Home Occupation Regulations, PMC Section 17.28.010 — Home occupation permit
(HOP) required for business (Joe Castle Company) in RR-C zone.
2. Junk Accumulation Regulations, PMC Section 8.80.020(B).
3. Commercial Vehicles in Residential Zones, PMC Section 17.08.230(E).
4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2).
5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72
You are required to complete the following corrective measures within ten (10) days from
the date of this notice:
1. Cease operation of business related activity on the property or obtain HOP. Must
comply with all HOP regulations (outdoor storage not allowed, no storage of
commercial vehicles, shall not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a
fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of
materials, building materials,debris, cardboard, mechanical items, plastics, automotive
items and tires, to the satisfaction of Poway Fire Marshal and Director of Development
Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not
allowed in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling. All
vehicles not registered to the property owner or resident may not be stored on the
Pagel- of-2
13 of 44 February 5, 2019, Item # 3. 11
property and must be removed. If they are owned by a lawful resident of the home, you
shall provide written evidence of residency (including person's full name and contact
information), photos of the vehicle (with license plate or VIN visible) and title info/DMV
registration cards for each vehicles to remain on the property.
5. Storage of vehicles on your property are contributing to a Public Nuisance and are
subject to abatement and/or removal.
Failure to correct the violations by the required date may result in issuance of
Administrative Citation, double permit fees, recordation of Notice of Violation
against the property, imposition of lien against the property, Nuisance Abatement
Proceedings and/or referral to the City Attorney.
Thank you for your cooperation in this matter. If you have any questions, I may be reached
at (858) 668-4664 or dweltepoway.orq.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
aniel Welte, Cotte Compliance Officer
{
t
14 of 44 February 5, 2019, Item # 3.
IS EVBVAUS,Mayor CITY OF POWAY D
BARRY LEONARD,Deputy Mayor
JIM CUNNINGHAM,Councibnember
DAVE G ROSCH,Councibnember
JOHN MULLIN,Councilmember T'Ye ;
' t—'u n+e co"
Sent via USPS certified mail and first class mail
NOTICE AND ORDER TO ABATE NUISANCE
You are hereby informed that the Director of Development Services, as designee of the
City Manager of the City of Poway, has determined that condition(s)exist on your property
that pose a threat to the general health, safety and welfare of the public and that these
are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the
condition on your property violates regulations limiting vehicle and material storage in a
residential zone. As a result of these violations, the property is deemed a public
nuisance requiring abatement.
Said property is located at 13990 Humo Dr., in the City of Poway.
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
Assessor's Parcel Number 3211320600
Case # 17-0087
The following violations of law have been determined to pose a threat to the general
health, safety and welfare of the public and constitute a nuisance at the property:
VIOLATIONS:
• Home Occupation Regulations, PMC Section 17.28.010 — Home occupation
permit(HOP) required for business (Joe Castle Company) in RR-C zone.
• Junk Accumulation Regulations, PMC Section 8.80.020(B).
• Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E).
• Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2).
• Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72
CORRECTIVE ACTIONS:
• Property owner must complete the following corrective measures within ten (10)
days from the date of this Notice and Order:
1. Cease operation of business related activity on the property or obtain HOP. Must
comply with all HOP regulations (outdoor storage not allowed, no storage of commercial
vehicles, shall not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a
fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of
materials, building materials, debris, cardboard, mechanical items, plastics, automotive
15 of 44 February 5, 2019, Item # .
Notice and Order—Castle
November 9, 2017
Page 2
items and tires, to the satisfaction of Poway Fire Marshal and Director of Development
Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage
not allowed in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling.
All vehicles not registered to the property owner or resident may not be stored on the
property and must be removed. If any vehicle is owned by a lawful resident of the home,
you shall provide written evidence of residency (including person's full name and contact
information), photos of the vehicle (with license plate or VIN visible) and title info/DMV
registration cards for each vehicle to remain on the property. Commercial vehicles may
not remain, regardless of ownership.
5. Storage of vehicles and items on your property are contributing to a Public
Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on August 16, 2017 and September 1, 2017 (Attachment 1). The past
Notices of Violations sent to you informed you of your responsibility to correct the
violations that exists on the property and that are described in this Notice and Order to
Abate Nuisance. This violation continues to exist on the property based on on-going
visual inspections conducted by the City's Code Compliance Staff as well as through
continuous complaints received from residents and property owners that live in the
neighborhood. The City has informed you that it is responsible for enforcing all provisions
of Title 8, 10 and 17 of the PMC.
You are hereby ordered to take the above described corrective action within ten (10) days
from the date of this Notice and Order or, alternatively, and within the same period of
time, to bring this property into conformity with the requirements of Sections of Poway
Municipal Code (PMC) cited above (Attachment 2). You are hereby advised of your right
to an administrative hearing on this determination before the City Manager or designated
employee, where you may present evidence in your defense. Said hearing must be
requested, in writing to the City Manager within ten (10) days of the date the City mailed
this notice to you. You are also hereby notified that if said nuisance is not abated within
the time specified by the City, the City may abate the nuisance and charge the cost of the
abatement, including administrative costs thereof and reasonable interest therefor, from
the date of said abatement, to you. Moreover, if the City's costs of abatement are not
reimbursed to the City, such amounts shall be assessed to the property.
Additionally, in accordance with General Penalty provisions of PMC, Section 1.08.010, if
the aforementioned violations or conditions constituting a nuisance are not brought into
compliance, you could also be subject to a charge for a separate offense for each and
every day during which this violation is continued, a civil action by the City seeking
remedies under state and federal law, and/or the issuance of citations under the City's
administrative citation process.
Should you have any questions regarding this matter, please contact Code Compliance
Officer Daniel Welte at (858) 668-4664 or dwelte@poway.org. Thank you for your
anticipated cooperation in this matter.
16 of 44 February 5, 2019, Item #3.
Notice and Order—Castle
November 9, 2017
Page 3
Dated: Novemeber 9, 2017
CITY OF
By 6�
Robe . Manis, recto Dev opment Services
APPRIVED AS TO FORM:
//yyt
Morgaley, ci dyA orney
Attached:
1. Past Notice of Violation Letters
2. PMC Chapter 10.52 and 8.72, Sections 17.08.230(E), 17.28.010, 17.42.060(G)(2)
8.80.020(B)
L
17 of 44 February 5, 2019, Item #,3,
IE\'E VAUS,Mayor CITY OF F POWAY
OF pa
JOHN MULLIN,Deputy Mayor 76> W1)-
JIM C U NN I NG FIA M.Councilmcmbcr
GROSCI 1,Councilinember
fiARRT LEONARD.Councilmcmbcr \'3F ,�
.1,set
C/ry IN THE Gds
December 22, 2017
Property Owner
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
Subject: Correction of previous correspondence; Case No. 17-0469
Dear Property Owner,
A review of the case file revealed a typographical error on the Notice and Order to Abate
Nuisance sent to you on November 9, 2017. The case number was indicated as, "17-0087."
The correct case number is 17-0469.
Despite the error noted above, the property address information, assessor parcel number
(APN), property owner information and cited Sections/Chapters of the Poway Municipal
Code (PMC) are depicted correctly. Therefore, the necessary corrective measures to
remove these violations are still in effect.
If you have any questions, I may be reached at (858) 668-4664 or dwelte@poway.orq.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte • -
Code Compliance Officer
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
WWW.poway.o rg
18 of 44 February 5, 2019, Item # 3. 1
/STEVE VAUS,Mayor CITY OF POWAY
JOHN MULLIN,Deputy Mayor C 9Y
JIM CUNNING]IAM,Councilmember
1 r
DAVE G ROSCH,Councilmember �"� ,!
BARRY LEONARD,Councilmember
� ' w ThE eet)
*Sent via Personal Service, USPS
Certified Mail,first class mail or
posted at property.
January 19, 2018
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
SUBJECT: 1•' Administrative Citation
Violation of Poway Municipal Code
13990 Humo Dr. Poway, CA 92064
Assessor's Parcel Number 3211320600
Case# 17-0469
Dear Property Owner,
On November 9, 2017, you were sent a Notice and Order to Abate Nuisance (Attachment 1)
requiring you to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all
business related activity or, obtain a Home Occupation Permit (HOP) and abide by HOP
regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections
8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72 (Attachment 2). The Notice
and Order detailed the violation that continues to exist on the property and included Notice of
Violations that have been previously sent to you (Attachment 3). In addition, you were provided
an opportunity to appeal the Notice and Order. The City did not receive an appeal from you.
Compliance has not been met and the violation still exists on the property. Said Notice and Order
provided ten (10) days for compliance and outlined potential penalties for non-compliance
including:
• Civil action by the City seeking remedies under state and federal law;
• Abatement of violation(s) by the City at your expense; and
• Issuance of citations under the City's Administrative Citation process;
• Monetary penalties for a separate offense for each and every day the violation continues;
• Securing of the City's expenses and penalties by assessment and lien on the property
Because your property continues to be in violation of(PMC) Sections 8.80.020(6), 17.08.230(E),
17.42.060(G)(2), Chapter 10.52 and 8.72, you have failed to comply with the Notice and Order
given to you, which constitutes an infraction and is, therefore, subject to the provisions of PMC
Chapter 1.08, General Penalty. In addition, the violation related to unlawful storage of vehicles
and materials have been deemed a public nuisance and may be abated by the City of Poway, at
your expense, and that each day the conditions continue to exist may be regarded as a new and
separate offense.
1
Ciry Flail Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 920740789
www.poway.org
19 of 44 February 5, 2019, Item #3.1t
Administrative Citation—Castle: Case# 17-0469
Page 2
To address the violation and failure to comply with the Notice and Order, the City is hereby serving
you a civil fine through an Administrative Citation (Attachment 4) pursuant to PMC Section 1.10.
The Administrative Citation will impose a fine of$100.00 for the first citation payable within 15
days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be increased per
PMC 1.10.030(D). If the violation(s) continue, they constitute a separate offense with separate
fines for each day the violation(s) continues to exist.
The Administrative Citation being served is as follows:
Administrative Citation (Citation #0598) with a penalty amount of $100.00 for violation of the
PMC Sections and Chapters listed below:
• Home Occupation Regulations, PMC Section 17.28.010— Home occupation permit(HOP)
required for business (Joe Castle Company) in RR-C zone.
• Junk Accumulation Regulations, PMC Section 8.80.020(B).
• Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E).
• Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2).
• Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72
Date and Time of Violation: December 21, 2017 at 11:18 am
Date of Administrative Citation: January 19, 2018
In order to correct these violations and comply with the PMC Sections 8.80.020(B), 17.08.230(E),
17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to complete the following
corrective measures within 15 days of the date of this Administrative Citation:
1. Cease operation of business related activity on the property or obtain HOP. Must comply with
all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall
not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety
hazard by Poway Fire Department. Remove unlawful accumulation of materials, building
materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the
satisfaction of Poway Fire Marshal and Director of Development Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed
in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling.All vehicles
not registered to the property owner or resident may not be stored on the property and must
be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written
evidence of residency (including person's full name and contact information), photos of the
vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle
to remain on the property. Commercial vehicles may not remain, regardless of ownership.
5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are
subject to abatement and/or removal. Remove nuisance vehicles.
You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to
PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Form
20 of 44 February 5, 2019, Item # 3,1
Administrative Citation—Castle;Case# 17-0469
Page 3 I(
(Attachment 5) filed with the City of Poway City Clerk within a period of 15 days from the date of
this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form
shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn
affidavit together with documentation demonstrating to the satisfaction of the City Manager the
person's actual financial inability to deposit the amount of the fine in advance of the hearing. If
the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of
the date of the letter. The determination of the City Manager shall be final and shall not be subject
to appeal or judicial review.
Payment of the fine is due within fifteen (15)days from the correction date of the citation. Payment
of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent
further action by the City. Failure to pay the fine on the required date may result in a 50 percent
penalty being imposed in addition to the original fine amount. `J
Failure to correct the violation(s) and pay fines pursuant to this Administrative Citation will result
in additional enforcement action by the City, which may result in additional administrative fines
leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the
property, criminal prosecution and/or civil action and injunction with the Superior Court.
Thank you for your anticipated cooperation in this matter. Should you have any questions
regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or
dwelte@poway.org
477 CIF POWAY /
ert J. ini
,
Director of Developme ervices
Attachments:
1. Notice and Order to Abate Nuisance
2. PMC Sections 8.80.020(8), 17.08.230(E), 17.42.060(G)(2),Chapter 10.52 and 8.72
3. Past Correspondence
4. Administrative Citation#0598
5. Notice of Appeal/Request for Hearing/Administrative Citation Authority
i
•
21 of 44 February 5, 2019, Item # 3.
jF
do • i•Le/4. 0598
ADMINISTRATIVE CITATION
/:11t <?
p ) .
CITY OF POWAY Citation No. � I r' •
o� N E ��
DEVELOPMENT SERVICES l
A
CODE COMPLIANCE (7 --0' ' "'q
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4668 • APO .3 -. 1. 1 3026 GO°
Date of Issuance()( / I c'/ (( K'
//
Violation Address/Location 1371° A4 M0 Die,, POUR-y/- ��iCA g
Responsible Party 6"5772-C TO E R 4- C(• I" TNA L
1st CITATION 100.00 AY WITHIN 15 DAYS
[ ] 2ND CITATION $ BOO. PAY WITHIN 15 DAYS
[ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
[ ] 4TH CITATION $1000.00 PAY WITHIN 15 DAYS
YOU MAY BE CITED EACH DAY IF THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS •
CITATION. IF THE VIOLATION(S) IS CORRECTED BEFORE THE DATE PROVIDED ON THE CITATION NO FINE�
SHALL BE PAYABLE(coo below). 1) Z9 0(U - Hoe f/sacArsor- 2) p, go. OZC(g) - Tall
a) ? f3, 230(E� - COMME(LCSAL Vr SCL
DESCRIPTION OF VIOLATION((I(S rt! Io.Sa 4 1?,z1 - Nuzc rat,rlM$xc riniviAhC
[ ] Prohibited Signs(PMC 17.40.100) 5) I] . ¢� , 06. (>(a-) — V 1 r GL(s f or) (ZC�1'.t lJ�K-1
PRen5-SITNi,
Junk,trash and debris on property (PMC 8.800330} 02-0(&)
[ ] Weeds andfor grasses on property(PMC 8.76.030)
[ ] operable Vehicle(s)(PMC 10.52.050)
ye/
Vehicle(s)parked-on-yard(PMC 17.42.060(6n-1} ai)O-)
[ ] N.P.D.E.S. Storm Water Management (PMC 13.09)
[ ] Construction without permit(PMC 15.04)
[ ] Graffiti on premises (PMC 9.56.020—graffiti shall be removed within 10 days)
[ ] Noise Abatement(PMC 8.80.010) rr II''
CORRECTIVE ACTION REQUESTED: J E LCEt ttR 'Than, - C U MQ LY
Curr ill ,9-(.r. CORPS c crV I: MEAA.f'u ley LZnttrD -Th'
4t'M/W . erri}. 7-Sor' CS-T ra.
CORRECTIVE ACTION TO BE COMPLETED BY 013105/ 'fp
DATE
SIGNATURE OF PERSON CITED: Refus,d to sign[ ]
SIGNATURE OF OFFICER: DATE: /7/q[/(p
Violation(s) Cleared as of Inspected by
WHITE(Violation Copy) CANARY (Officer Copy) ATTACHMENT .
2/07
22 of 44 February 5, 2019, Item # 3. 1
/STEVE VAUS.Mayor CITY OF POWAY ,., ."0,
JOHN MULLIN,Deputy Mayor
JIM CUNNI NGI IAM,Counmember
DAVE GROSCH,Councilmembernly
BARRY LEONARD,Councilmcmbcr �' +�
a• p
��' M THE G°V? /
February 16, 2018 _
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
SUBJECT: rd Administrative Citation
Violation of Poway Municipal Code
13990 Humo Dr. Poway, CA 92064
Assessor's Parcel Number 3211320600
• Case # 17-0469
Dear Property Owner,
On January 19, 2018, you were sent an Administrative Citation Letter with Citation #0598
(Attachment 1) to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all
business related activity or, obtain a Home Occupation Permit (HOP) and abide by HOP
regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections
8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72 (Attachment 2).
(Attachment 2). The Administrative Citation Letter detailed the violation that continues to exist on
the property. In addition, you were provided an opportunity to appeal the citation. The City did
not receive an appeal from you. Compliance has not been met and the violation still exists on
the property. Said citation provided fifteen (15) days for compliance and outlined potential
penalties for non-compliance including:
• Civil action by the City seeking remedies under state and federal law;
• Abatement of violation(s) by the City at your expense; and
• Issuance of citations under the City's Administrative Citation process;
• Monetary penalties for a separate offense for each and every day the violation continues;
• Securing of the City's expenses and penalties by assessment and lien on the property
Because your properly continues to be in violation of (PMC) Section 8.80.020(B), 17.08.230(E),
17.42.060(G)(2), Chapter 10.52 and 8.72, you have failed to comply with the Administrative
Citation given to you, which constitutes an infraction and is, therefore, subject to the provisions of
PMC Chapter 1.08, General Penalty. In addition, the violation related vehicles and junk/storage
of materials has been deemed a public nuisance and may be abated by the City of Poway, at your
expense, and that each day the conditions continue to exist may be regarded as a new and
separate offense.
To address the violation and failure to comply with the Administrative Citation, the City is hereby •
serving you a civil fine through an Administrative Citation (Attachment 3) pursuant to PMC Section
1.10. The Administrative Citation will impose a fine of $200.00 for the second citation payable
within 15 days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
•age o
www.poway.org
23 of 44 February 5, 2019, Item # 3. 1
increased per PMC 1.10.030(D). If the violation(s) continue, they constitute a separate offense
with separate fines for each day the violation(s) continues to exist.
The Administrative Citation being served is as follows:
Administrative Citation (Citation #0605) with a penalty amount of$200.00 for violation of PMC
Sections:
• Junk Accumulation Regulations, PMC Section 8.80.020(6).
• Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E).
• Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2).
• Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72
Date and Time of Violation: February 13, 2018 at 3:00PM •
Date of Administrative Citation: February 16, 2018
In order to correct these violations and comply with the PMC Section 8.80.020(B), 17.08.230(E),
17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following
corrective measures within 15 days of the date of this Administrative Citation:
1. Cease operation of business related activity on the property or obtain HOP. Must comply with
all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall
not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety
hazard by Poway Fire Department. Remove unlawful accumulation of materials, building
materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the
satisfaction of Poway Fire Marshal and Director of Development Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed
in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling.All vehicles
not registered to the property owner or resident may not be stored on the property and must
be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written
evidence of residency (including person's full name and contact information), photos of the
vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle
to remain on the property. Commercial vehicles may not remain, regardless of ownership.
5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are
subject to abatement and/or removal. Remove nuisance vehicles. Cease activity.
You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to
PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Form
(Attachment 4) filed with the City of Poway City Clerk within a period of 15 days from the date of
this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form
shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn
affidavit together with documentation demonstrating to the satisfaction of the City Manager the
person's actual financial inability to deposit the amount of the fine in advance of the hearing. If
the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of
the date of the letter. The determination of the City Manager shall be final and shall not be subject
to appeal or judicial review.
Page 2 of 3
24 of 44 February 5, 2019, Item # 3,
Payment of the fine is due within fifteen (15)days from the correction date of the citation. Payment
of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent
further action by the City. Failure to pay the fine on or before the required date may result in a 50
percent penalty be imposed in addition to the original fine amount.
Failure to correct the violation(s) and pay fines pursuant to this Administrative Citation will result
in additional enforcement action by the City, which may result in additional administrative fines
leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the
property, criminal prosecution and/or civil action and injunction with the Superior Court.
Thank you for your anticipated cooperation in this matter. Should you have any questions
regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or
dwelte@poway.org
E
Cl OF POWAY
• bete,
Director of Developme :•rvices
Attachments:
1. Administrative Citation Letter and Citation #0598
2. PMC 8 Section 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72.
3. Second Administrative Citation #0605
4. Notice of Appeal/Request for Hearing
Page 3 of 3
25 of 44 February 5, 2019, Item #3.
ADMINISTRATIVE CITATION ) 605 ,
CITY OF POWAY Citation No. D� m n.""'`°'
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive
Poway, CA 92064 Citation Issuance Date: CY;—/ (!O /
(858) 668-4600 (� r r� 1,
An inspection of the premises located at 13490 (4UMo Dv- • Potiy I( c,- `1ia' \ .
in the City of Poway (APN 31_I ID-0 GOC) ), revealed violation or violations of
the Poway Municipal Code (PMC). p
Name of Responsible Person: GAS,I L f-�I So �
�. CY ' � L
Mail address: I' le/ [/ o HUM t a 1 JC . too L4 (c ' cel o(t2i--
I
[ ] 1st CITATION $ 140.00 PAY WITHIN 15 DAYS
2ND CITATION 200.) PAY WITHIN 15 DAYS
' [ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS III}
[ ] 4TH CITATION $ 1,000.00 PAY WITHIN 15 DAYS
[ ] _ CITATION $ .00 PAY WITHIN 15 DAYS
YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS
CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY
BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO
ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON
THE BACK SIDE OF THIS CITATION.
DATE AND TIME OF VIOLATION(S):69 /Lal 1 A"- S 100 PM
PMC SECTION: DESCRIPTION:
) 6, 53-0,04_0 (s) - Too< A-cc-0M 0 LA'TSO N
a) 17, 3 % .30ir) - (oMMCF(.+'Arc Uc7fl f 65 _IV Repaink
3 c14-9-, 0��) . ) - E-r ca or tl c(ES
4) CFI P 5 i?- -No.:E,00(C V6irae5,/U&IicN Vi 4(Jcr
CORRECTIVE ACTION REQUESTED:
-" c V rre:12- Art-7010 - Rc ,V Cmc(-- Nus N
1)6 -Ct (=�' ANI) AI' CuMOLA-'(soAI nF all Jv&K
CORRECTIVE ACTION TO BE COMPLETED BY: 0 J /0 5 /1-Th.
SIAbRE OF OFFICER
PRINT NAME OF OFFICER DATE
�.� D , tic LTA 3--16,_0
26 of 44 February 5, 2019, Item # 3:1" '
' STEVE VA US,Mayor CITY OF POWAY _
�Y ofW
HARRY I.EONA RD,Deputy Mayor / _`
JIM CUNNING!IMI,Cuuncilmcmbcr
DAVE GROSCI I,Cuuncilmcmbcr a r \I
JOHN,\IUI.LIN,Cuuncilmcmbcr =SF J./
....Cm,
N THE Ce
April17, 2018
NOTICE OF VIOLATION
Property Owners
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo
Dr. Poway, CA 92064;
APN 3211320600
Case Number: 17-0469
Dear Property Owner,
The City has been made aware of industrial/commercial related storage uses occurring on your property
in violation of PMC 17.54.020 and 17.54.040 (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in
residential zone. Open storage of commercial and industrial items, materials, equipment and
vehicle(s) is not an allowed residential use for RR-C zone.
This notice is separate from previous notices and citations sent to you. The issuance of this notice will
not prevent or halt enforcement action previously initiated to address current and outstanding violations
for which notices and citations were issued to you.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, double permit fees, withholding of any permit or project, revocation of permits,
recordation of Notice of Violation against the property, imposition of lien against the property,
Nuisance Abatement Proceedings and/or referral to the City Attorney.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
■aniel Welte, Codetompliance Officer
Attachments: 1. PMC 17.54.020 and 17.54.040 /
27 of 44 February 5, 2019, Item # 3. 1
�_ CITY OF POWAY 1
ti rl vE VAUS,Mayor 0.0 OF ipik
HARRY LEONARD,Deputy Mayor
JIM CUNNINGHAM,Councilmcmbcr (
DAVE GROSCH,Cnuncilmcmbcr
JOI IN MULLIN,Gmnci!member ` '---- _,,,_,, ,. 'j
C/J). M THE cpJ
April 27, 2018
SECOND NOTICE OF VIOLATION
Property Owners
CASTLE JOE R 8, CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo
Dr. Poway, CA 92064;
APN 3211320600
Case Number: 17-0469
Dear Property Owner,
The City has been made aware of industrial/commercial related storage uses occurring on your property
in violation of PMC 17.54.020 and 17.54.040 (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in
residential zone. Open storage of commercial and industrial items, materials, equipment and
vehicle(s) is not an allowed residential use for RR-C zone.
This notice is separate from previous notices and citations sent to you. The issuance of this notice will
not prevent or halt enforcement action previously initiated to address current and outstanding violations
for which notices and citations were issued to you.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, double permit fees, withholding of any permit or project, revocation of permits,
recordation of Notice of Violation against the property, imposition of lien against the property,
Nuisance Abatement Proceedings and/or referral to the City Attorney.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
it 7 21C...,Daniel Welte, Codeompliance Officer
Attachments: 1. PMC 17.54.020 and 17.54.040
3.
28 of 44 February 5, 2019, Item # I
ADMINISTRATIVE CITATION - - 613
)
CITY OF POWAY Citation No.
" ,. na�..• (7-04-62
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive n/
Poway, CA 92064 Citation Issuance Date:67 1l 27 / 1 X
(858)668-4600
An inspection of the premises located at
f g CP0 74)40 '1)4)=.1)(--•'1)4)=.1)(--•in the City of Poway (APN,3-2-03,),0(000 ), revealed violation or.violations of
the Poway Municipal Code (PMC).
Name of Responsible2bl /Person: ZY O IR . Gy r ]4• A L . CA'S-it E
Mail address: ! `� / G 0 , ' UMU DR , PowsrY c4ceZoc-,c-
[ ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS
[ ] 2ND CITATION $ 200.00 PAY WITHIN 15 DAYS
3RD CITATION , PAY WITHIN 15 DAYS
,[c 4TH CITATION $ 1,000.00 PAY WITHIN 15 DAYS
[ ] CITATION $ .00 PAY WITHIN 15 DAYS
YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS
CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY
BE WAIVED).FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO
ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON THE BACK
SIDE OF THIS CITATION.
DATE AND TIME OF VIOLATION(S): O 1--Zb v ( O /51,72-
PMC
/5 !
PMC SECTION: (q AcffME✓r „.) • DESCRIPTION:
() g,vg, o..2-0/6) - Totoeteu0MulAtco,-) s) cIE, g. ,z - pug Nus-sapa✓e-
ri OS- 3-30(E) - caMrt, Vt;-r4.;RES S 2o&
J3r49., O kk6) ` Vr KE oN Res. t1�c�rr r
4) ( , (0,52-- N DS4rl[c V EPirci.Cf
CORRECTIVE ACTION REQUESTED: '
SE"‘ /9-rrIcbMC/' z
CORRECTIVE ACTION TO BE COMPLETED BY:05 107 /8
SIGN•TURE OF OFFICER PRINT NAME OF OFFICER pATE
cb . clr 2-1C(5 27 le
29 of 44 February 5, 2019, Item # 3. I
Date of Administrative Citation #613: April 27, 2018
In order to correct these violations and comply with the PMC Section 8.80.020(8),
17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to
be complete the following corrective measures within 10 days of the date of this
Administrative Citation:
1. Cease operation of business related activity on the property or obtain HOP. Must
comply with all HOP regulations (outdoor storage not allowed, no storage of
commercial vehicles, shall not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a
fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of
materials, building materials, debris, cardboard, mechanical items, plastics,
automotive items and tires, to the satisfaction of Poway Fire Marshal and Director
of Development Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage
not allowed in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling.
All vehicles not registered to the property owner or resident may not be stored on
the property and must be removed, If any vehicle is owned by a lawful resident of
the home, you shall provide written evidence of residency (including person's full
name and contact information), photos of the vehicle (with license plate or VIN
visible) and title info/DMV registration cards for each vehicle to remain on the
property. Commercial vehicles may not remain, regardless of ownership.
5. Storage of vehicles and items on your property are contributing to a Public
Nuisance and are subject to abatement and/or removal. Remove nuisance
vehicles. Cease activity.
30 of 44 February 5, 2019, Item # 3,1
�S„3VIS VA US,.Mayor CITY OF POWAY -o,:
JOHN MULLIN,Deputy Mayor O w1)-
JIM CUNNINGHAM,Councilmember ', e
DAVE GROSCH,Councilmember
BARRY LEONARD,Councilmcmber cm4,41•11117/7
�
Cm.rN THE c9.-
'Sent via USPS certified mail, first class mail and posted
NOTICE AND ORDER TO ABATE NUISANCE
The City's records reveal that you own, occupy, possess or otherwise have an interest in
the property identified below. You are hereby informed that the Director of Development
Services, as designee of the City Manager of the City of Poway, has determined that
condition(s) exist on your property that pose a threat to the general health, safety and
welfare of the public and that these are deemed violation(s) contrary to the Poway
Municipal Code (PMC). Specifically, the condition on your property violates the below-
referenced PMC. As a result of the violation(s), the property is deemed a public.
nuisance requiring abatement.
Said property is located at address 13990 Humo Dr., in the City of Poway.
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
APN 3211320600
The following violation(s) of taw has or have been determined to pose a threat to the
general health, safety and welfare of the public and constitute a nuisance at the property.
VIOLATION(S)
• Poway Municipal Code Section 17.54.020: Commercial and industrial related uses or
storage in violation of zoning regulations are unlawful and deemed a public nuisance.
• Poway Municipal Code Section 17.54.040: Unlawful for any person to conduct land
use activity in violation of Title 17 — Zoning Regulations; storage of
commercial/industrial items and vehicles in residential zone not allowed. (Attachment 1)
CORRECTIVE ACTIONS:
• Cease unlawful storage activity of industrial/commercial equipment and/or vehicles in
residential zone. Open storage of commercial and industrial items, materials, equipment
and vehicle(s) is not an allowed residential use for RR-C zone.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on date and date, in addition to other communications. Despite these
Notices, the City_has inspected_.yourproperty and.determined that violations continue to
exist. You are hereby ordered to take the above described corrective action within
thirty (30) days from the date of this Notice and Order.
You are hereby further advised of your right to an administrative hearing on this
determination where you may present evidence in your defense. Said hearing must be
requested in writing to the City Manager, within ten (10) days of the date the City mailed
this notice to you.
You are also hereby notified that if violation(s) listed herein are not abated within the time
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074.0789
www.poway.org
31 of 44 February 5, 2019, Item #3.
Notice and Order — 13990 Humo Dr. — Case 17-0469
May 14, 2018
Page 2
specified, the City may abate the nuisance and charge you the cost/fees of the abatement,
including administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees
thereof. Moreover, if the costs of abatement are not timely reimbursed to the City, such
amounts may be assessed against the property and may be placed on the property's tax
bill.
Additionally, pursuant to PMC section 1.08.010, if the aforementioned violation(s) or
condition(s) constituting a nuisance is/are not brought into compliance in a timely manner,
you could also be subject to a charge for a separate offense for each and every day during
which this/these violation(s) is/are continued, or the City could initiate a civil action (e.g., j.
seeking injunctive relief or a receivership), a criminal action, and/or issue of administrative
citations for these continuing violations.
We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year" for any property that is
deemed a public nuisance. (California Health & Safety Code § 17980(d).) Moreover, we
are hereby providing you notice that is unlawful for a lessor to retaliate against a lessee
pursuant to Section 1942.5 of the Civil Code for reporting a violation.
Thank you for the anticipated cooperation in this matter. Should you have questions
regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-
4664 or dwelte. poway.org.
Dated: May 14, 2018
CITY OF O /
By
. Manis, re or .f Dev- opment Services
APPROVED AS TO FORM:
ahma
Alan Fenstermacher, City Attorney
•
Attached: •
PMC Sections 17.54.020 and 17.54.040
Page 2 of 3
32 of 44 February 5, 2019, Item # 3,1
)
ADMINISTRATIVE CITATION C. � 619
CITY OF POWAY Citation No.W
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive O� / / / / Qi
Poway, CA 92064 Citation Issuance Date: 10 l O
(858) 668-4600 q q /tuft 7�
An inspection of the premises located at /3 1 0 ( r uft .,,JIrVe
in the City of Poway (APN g;-I (S)_O(po° ), revealed violation or violations of
the Poway Municipal Code (PMC).
Name of Responsible Person: Oc R . ' i .z Z" C4 `c7 LC (�
Mail address: /S? e70 • U( •.A�-6 pp . /ouAy/ Cfr ce -cc --
[ ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS i
[ ] 2ND CITATION $ 200.00 PAY WITHIN 15 DAYS
[ ]- 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
4TH CITATION {$TUuU OD) PAY WITHIN 15 DAYS
[ ] _ CITATION $ _.00 PAY WITHIN 15 DAYS
YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS
CITATION. IF CORRECTED WITHIN DEADLINE,CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY
BE WAIVED).FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO
ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION.
DATE AND TIME OF VIOLATION(S): O5— (5-- ( o 131-1-
PMC SECTION: DESCRIPTION:
00SiOg. o3-0(g) - TONI< at. $"(7). IVA:C P&C,C4t cr
( a o$,2-3°(C)-CompANip7ott r
fl 4_01 ,0(060)p) - v- nn/ RES �4DP._ . . '
�-�C,�f, ii0. 5.� -NitSMN
CORRECTIVE ACTION REQUESTED:
COM et.? lid 7-244 q tR2rc c VcT C. srPD c Ar-1-4-a-9-46—Apr-j,
Q�
CORRECTIVE ACTION TO BE COMPLETED BY: 05 1.2-5 1 I S s5SI" ATURE OF 9FFICER PRINT NAME OF OFFICER DATg
a4-71:4--- D . wE1-TC 2.145 5f(%/it
33 of 44 February 5, 2019, Item #3. 1
Attachment 1
Date of Administrative Citation #619: May 16, 2018
In order to correct these violations and comply with the PMC Section 8.80.020(6),
17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to
be complete the following corrective measures within 10 days of the date of this
Administrative Citation:
1. Cease operation of business related activity on the property or obtain HOP. Must
comply with all HOP regulations (outdoor storage not allowed, no storage of
commercial vehicles, shall not change principle character of dwelling, etc.).
2. Openly stored accumulation of junk, materials, and items have been declared a
fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of
materials, building materials, debris, cardboard, mechanical items, plastics,
automotive items and tires, to the satisfaction of Poway Fire Marshal and Director
of Development Services.
3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage
not allowed in RR-C zone.
4. All vehicles on the property shall be for personal use of the resident of the dwelling.
All vehicles not registered to the property owner or resident may not be stored on
the property and must be removed. If any vehicle is owned by a lawful resident of
the home, you shall provide written evidence of residency (including person's full
name and contact information), photos of the vehicle (with license plate or VIN
visible) and title info/DMV registration cards for each vehicle to remain on the
property. Commercial vehicles may not remain, regardless of ownership.
5. Storage of vehicles and items on your property are contributing to a Public
Nuisance and are subject to abatement and/or removal. Remove nuisance
vehicles. Cease activity.
34 of 44 February 5, 2019, Item #.3. 1
sTEVE VAU5,Mayor CITY OF POWAY ,�y OF .Po�,�
„IN MULLIN,Deputy Mayor icr
CAYI.IN FRANK,Councilmcmbcr 11* \
DAVE GROSCIl,Councilmcmbcr /I
BARRY LEONARD,Cuuncilmember 9e ,� {
IN THE. C9‘ ---
August 1, 2018
Property Owner
CASTLE JOE R & CYNTHIA L
13990 HUMO DR
POWAY CA, 92064
SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo
Dr. Poway, CA 92064;
APN 3211320600
Case Number: 17-0469
Dear Property Owner,
Thank you for making time to meet with us on July 2, 2018. Although we have been made aware that
you are facing notable challenges in managing the property and materials associated with your
business, we ask that you make notable progress toward reducing the number of unlawfully stored
vehicles and materials on your residential property.
Please provide evidence of progress toward resolving the violations on your property, which may
include evidence of sale of vehicles, materials, photos or other documentary evidence indicating that
materials and vehicles are being removed.
Your property will be monitored for compliance. Failure to make or demonstrate progress within 60
days from the date of this letter will result in resumption of enforcement action.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte, Code Compliance Officer
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 9207.0789
www.poway.org
35 of 44 February 5, 2019, Item # 3.1
R U Tik l
Noam Duzman
Direct Dial:(714).641-3.478
RUTAN &TUCKER, LLP E-mail:nduzrnan@rutan:com
•
December 19, 2018
ti
Joe Castle and Cynthia Castle
13990 Humo Drive
Poway, CA 92064
Re: Notice Of Violation: 13990 Hume Drive
To whom it may concern:
This office serves as City Attorney for the City of Poway. The City's records show that
{ you are the owner, occupant; and/or have a legal interest in the property located at 13990 Humo
Drive in the City of Poway("Property"). We have been informed that the Property is in violation
of the Poway Municipal Code("PMC"). Accordingly, this letter will serve as notice and provide
you a final Opportunity to remedy the below:referenced violations. •
The City has made an internal effort to obtain voluntary compliance from you by both
writing.you several letters (including multiple notices of violation and notices and orders to abate)
and issuing you four citations demanding that you bring the Property into compliance with
applicable codes. While you have had more than a reasonable amount of time to bring the Property
irito compliance, you have failed to•do so. At this point; the City has turned the case over to our
office, acting in the capacity Of City Attorney for the City of Poway, to handle this matter.
The following violations exist on the Property:
1 1. Poway Municipal Code §§ 17.54.020 and 17.54.040: The commercial and
industrial related uses on the Property, specifically including the storage of commercial and
industrial products and vehicles, violates the City's Zoning Code. In particular, the Property is
1 zoned Rural Residential (RR-C), and accordingly, the foregoing uses are not permitted.
No later than 7 days from the date of this letter, you must contact me at the belownumber
to discuss bringing the Property into compliance with this regulation and,no later than 20 days
from the date of this letter, you must fully address this violation by ceasing all commercial and
industrial activities on the Property dnd removing all commercial and industrial items and
vehicles stored on the Property.
1 2. Poway Municipal Code §§ 8.80.020(B),8.80.030: No person shall accumulate junk
tl or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot
611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626
PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 25223/012782-0027
I Orange County fito Alto I www.rutan.com 13115726.1 a1N78na
o
ATTACHMENT D February 5, 2019, Item #9,.1
RUTAN
PUTAN s TUCKER LLP
Joe Castle and Cynthia Castle
used for residential purposes. For purposes of this section, please note that the term "junk"
includes,but is not limited to,any combustibre or noncombustible nonputrescible waste,including,
but not limited to,trash;refuse; paper;glass;.cans; bottles;rags;fabrics;bedding;ashes;.trimmings
from lawns, shrubbery or trees, except, when used for mulch or like agricultural purposes;
• household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones,
plaster; Wire or like materials from the demolition, alteration or construction of buildings or
structure's; tires or inner tubes;auto, aircraft or boat parts;plastic or metal parts or'scraps;darnaged
or defective machinery, whether or not repairable, and damaged or defective toys, recreational
equipment or household appliances or furnishings, whether or not repairable. Further, in this
participate case, the junk includes, the commercial and industrial items and vehicles on the
Property,which have been declared a fire hazard by the Poway Fire Department.
No later than.7 days from the date ofthis letter, you must contact me at the below number
to discuss bringing the Property into compliance ivttli,this reptilation and,no later than 20 days
fromtlie date of this letter vou:rituSl hilly address this violation by removing any junk frain:the
Property to the satisfaction of both the.Poway Fire Marshall.and Director of Development
Services
3. Poway Municipal Code §§ 10.52.050, 17.08.230(E) and 17.42.060(0): The
Property contains nuisance vehicles. Parking for semi trucks, dump trucks and moving vans and
other commercial vehicles is limited to eight hours in the Property's RR-C zone, and storage of
such vehicles is not permitted. Further, all Vehicles on the Property must be for the personal use
of the resident of the dwelling. All vehicles not registered to the property owner or resident are
subject to removal.
No later than 7 days from the date of this letter, you must contact me at the below number
to discuss bringing the Property into compliance with this regulation and,.no later than 20 days
from the date of this letter, you must fully address this violation by removing all commercial
vehicles seared on the Property, and provide written evidence of residency,photos of the vehicles,
and proof of ownership (title and DMV registration information) for all non-commercial
vehicles on the Property, or remove the same.
The enclosed photographs depict the violations that are the subject of this letter.
We are providing you notice that"in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation,
or amortization paid or incurred in the taxable year" for any property that is deemed a public
nuisance. (Cal. Health & Saf. Code § 17980(d).) Moreover, as required by law, we are hereby
providing you notice that it is unlawful for a lessor to retaliate against a lessee pursuant to Section
1942.5 of the Civil Code for reporting a violation.
2523/012782-0027
13175326.1 612/18/18
37 of 44 February 5, 2019, Item #3. )
RUTAN
RUTAN a TUCRCR.LLP
Joe Castle and Cynthia Castle
As provided by PMC section 1.08.010(B), each violation of the aforementioned code
constitutes a misdemeanor punishable by a$1,000 fine and/orsix months in the County jail or
both the fine and imprisonment. That same section provides that each day the violation continues
constitutes a new and separate offense for which the full misdemeanor penalty may be imposed.
Furthermore, pursuant to PMC section 1.08.010(D),the City is authorized to initiate a civil action
against you to address these issues. Finally, under PMC Chapter 8:72, the City is authorized to
abate the nuisance on its own.
If you fail to bring the Property into compliance by the times prescribed,you will leave the
City with no choice but to consider the aforementioned legal options,including the City taking the
necessary steps to utilize its own or hired forces to abate the'violations, and/or initiating a civil
(e.g., seeking injunctive,relief or the appointment of a receiver)or criminal action to address these
violations. The City is placing you on notice that if.you fail to bring the Property into compliance
in a timely manner and the City is required to take any action to gain compliance, the City will be
seeking reimbursement from you for all such City costs, fees (including attorneys' fees) and
expenses incurred therewith.
We are hereby providing you notice to appear before the Poway City Council at its meeting
to be held on February 5, 2019 at 7:00 p.m. to show cause, if any, why the Property should not be
declared a public nuisance and the nuisance be abated by City forces and/or hired forces,or through
a City-initiated legal action.
Further, pursuant to section 22661 of the California Vehicle Code and PMC Chapter 10,52,
and pursuant to PMC Chapter 16.68,this letter provides you with a 10-day notice from the date of
this letter of the City's intention to abate and remove each of the vehicle(s) stored on the Property
in violation of the PMC, specifically including those hated in Exhibit "1" hereto. Furthermore,
you are hereby placed on notice that you have the right to appear at the City Council's February
5, 2019 public hearing regarding the same, or you may submit a sworn written statement denying
responsibility for the presence of the vehicle on the Property, with the reasons for such denial, in
lieu of personally appearing. If you intend to challenge the City's determination that the vehicles
are being stored in violation of the PMC, you must within 10-days from the date of this letter
submit to me by email or mail notice that you intend to appear at the February 5 hearing or your
sworn statement. Your failure to do so in a timely manner will make the Vehicles subject to
removal by the City.
2323NI21824827
13115326.1 al2/18/18
38 of 44 February 5, 2019, Item #3.
RUTAN
auonl[Tacna.LLP
Joe Castle and Cynthia Castle
1 look forward to your complete cooperation in this matter. If you have any questions
regarding the requested compliance, please contact me at(7 641-3478.
RUT• : TUC , LL
Noam Duzman.
City of Powa 's City Attorney's Office
2523/0127821)027
13175326.1 02J18118
39 of 44 February 5, 2019, Item # 3.
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40 of 44 ATTACHMENT E February 5, 2019, Item # 3.1
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