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Item 6 - Request for Additional Appropriation for Nuisance Abatement ActionDATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway October 20, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services-{JA Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org CITY COUNCIL Request for Additional Appropriation for Nuisance Abatement Action Following extensive efforts to achieve voluntary compliance, on February 05, 2019, City Council declared that the conditions at 13746 Frame Road constitute a public nuisance based on cited violations of the Poway Municipal Code (PMC), and authorized the City Attorney to obtain an abatement warrant to abate the nuisances (Attachment A). City staff scheduled a meeting with the property owner and determined a timeline to bring the property into compliance, on or before October 10, 2020. Presently, the property remains non-compliant. In order to abate the nuisances on the property, an appropriation of $10,000 would be necessary as this action was not anticipated and, therefore, funds were not included with the budget adoption. Funds expended for the abatement activity will be reimbursed by the property owner by payment or an assessment on their property tax bill. Recommended Action: It is recommended that the City Council appropriate an additional $10,000 from the General Fund's Undesignated Fund Balance (F1000-89010) to the Development Services Department Planning Division (301030-49180) to abate the nuisance conditions located at 13746 Frame Road. Discussion: The City has actively conducted enforcement action on 13746 Frame Road since April 4, 2018 (Code Compliance Case No. 18-0134). Since opening the case, staff issued three Notices of Violation, a Notice & Order to Abate Nuisance, a Notice & Order to Perform, and six Administrative Citations to the property owner. On August 20, 2020, staff and the City Attorney appeared in court to obtain an abatement warrant. The warrant was not issued as the judge directed staff to work with the owner on compliance prior to seeking a warrant. City staff met with the property owner on September 9, 2020. The owner then entered into an agreement with the City to remove all items from the front and side yards of the property, on or before October 10, 2020, with the understanding that the City would return to court to seek a warrant to abate the nuisances on the property should they not comply with the agreed deadline. 1 of 5 October 20, 2020, Item #6 The City has a contract with an environmental services contractor for as-needed abatement services. In order for the City to authorize the abatement work, the funds for the contract must be available. The appropriation of funds with this action will allow the City to proceed with the abatement if the owners do not bring the property into compliance. This will require that staff first return to court and obtain an abatement warrant. Staff obtained an estimate from the contractor that covers mobilization, the abatement work, equipment rental, hauling junk to the landfill and storage of items of value for 45 days. The appropriation covers this cost and will also cover the cost of moving vehicles temporarily, if necessary. Environmental Review: This item is not subject to the California Environmental Quality Act review. Fiscal Impact: Council approval of staff recommendation would result in an additional appropriation of $10,000 from the General Fund's Undesignated Fund Balance (F1000-89010) to the Development Services Planning Division (301030-49180) to cover as-needed consultant services to abate the nuisance property. Any un-used portion of funds authorized under this appropriation will be returned to the General Fund. The amount expended will be repaid by the property owner or placed as an assessment on their property tax bill. Public Notification: None. Attachments: A. Resolution P-19-02 Reviewed/Approved By: Nt ~ Wend;©aserma n Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: C~e City Manager October 20, 2020, Item #6 RESOLUTION NO. P-19-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 13746 FRAME ROAD, POWAY, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, inspections of the premises at 13746 Frame Road, Poway, California, with Assessor Parcel Number 317-042-06 {"Property") have been repeatedly conducted by City of Poway rcity") 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 and inoperable vehicles 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 17.42.060 of the Poway Municipal Code by parking vehicles in unpermitted areas of the front yard; WHEREAS, furthermore, City personnel have observed a violation of Chapter 15.04 of the Poway Municipal Code by instatring patio covers/shade structures in unpermitted locations and without proper permits; WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the Property owners, including by issuing violation notices on April 11, 2018 and April 24, 2018, issuing a Notice and Order to Abate Nuisance on August 13, 2018, issuing administrative citations on September 17, 2018, October 3, 2018, October 23, 2018, and November 9, 2018, and finally by way of a letter from the City Attorney's Office dated December 17, 2018 demanding compliance; WHEREAS, the Property owner has been non-responsive to the City's efforts to informally resolve this matter; follows: WHEREAS, Section 8. 72.020 of the Poway Municipal Code defines a nuisance as A "nuisancen 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;" 3 of 5 ATTACHMENT A October 20, 2020, Item #6 Resolution No. P-19-02 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. and determines. The forgoing recitals are true and correct and the City Council so finds 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 vehicles in the front yard; and (3) allowing or maintaining unpermitted patio covers/shade structures. Section 3. The City Council orders the owner 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 parked vehicles from front yard pursuant to Poway Municipal Code Section 17.42.060; and (iii) either obtaining the necessary City permits or removing patio covers/shade structures. 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 owner 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 and fees 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 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 4 of 5 October 20, 2020, Item #6 Resolution No. P-19-02 Page 3 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 ANO APPROVED by the City Council of the City of Poway, California, at a regular meeting held on the 5th day of February 2019. c:::::: 2 Steve Vaus, Mayor ATTEST: 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. P-19-02 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: 5 of 5 MULLIN, LEONARD, FRANK, GROSCH, VAUS NONE NONE NONE October 20, 2020, Item #6