Ord 57ORDINANCE NO. 57
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING PROCEDURE FOR ABATEMENT OF
NUISANCE AND THE RECOVERY OF SAID COST
AS A SPECIAL ASSESSMENT ON LAND
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings
California Government Code ~38773, ¶38773.5 allows the City of Poway to
establish a procedure for the abatement of a nuisance and charge the cost of
said abatement upon a parcel of land by way of lien or special assessment. The
City Council finds that this procedure would be in the best interest of the
general health, safety, and welfare of the City in that a nuisance may be
eliminated without dela~ and/or cost to the general public.
Section 2. Procedure
(a)
The City Manager, or his designated employee, shall notify, in
writing, the property owner of any parcel upon which is believed
to exist a public nuisance that said nuisance exists. Said
nuisance may be directly upon said parcel, an easement, or license
benefiting said property or adjacent thereto if, in the opinion of
the City Manager, the nuisance was created by, or for the direct
or indirect use of benefit of, the parcel or parcel owner.
If a nuisance is believed to exist within the City of Poway and,
in the opinion of the City Manager, is caused by, created for,
directly or indirectly, the owner of a parcel of land within the
City of Poway, then, in that event, the owner of that parcel, in
addition to being notified to abate the nuisance, shall be
notified that if said nuisance is abated with cost to the City,
that the cost shall be reimbursed to the City, and if not, shall
be assessed to that owner's parcel.
(b)
The notice referred to herein shall be effected if by certified or
registered mail is addressed to the owner of record on the last
published assessment tax roll of the County Assessor's office.
The notice shall specify the nuisance believed to exist together
with a request to abate same, advise the property owner of the
right to a public hearing before the City Manager or his desig-
nated employee, where the owner may present evidence in defense,
and advise the owner that the City of Poway may assess the real
property owned within the City of Poway for the cost of abatement
if the City is required to abate the nuisance.
ORDINANCE NO. 57
Page 2
(c)
Said hearing must be requested, in writing, to the City Manager
within ten (10) days after mailing the above notice. If the
property owner does not desire to appear in person, statements in
writing may be submitted for consideration, sworn under penalty of
perjury by the author.
(d)
The decision of the City Manager shall be made in writing within
ten (10) days of the public hearing. The decision of the City
Manager shall be final, except upon the filing of a written re-
quest for appeal to the City Council. Said appeal must be filed
within ten (10) days of the date the decision of the City Manager
is mailed to the property owner.
If a nuisance is determined to exist, the City Manager shall
specify in his decision the time allowed to abate same by the
responsible party. If the nuisance is not abated within the time
specified, the City of Poway 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
the person found to be responsible for the nuisance.
(e)
If the cost of abatement, as referred to in paragraph (d) is not
reimbursed to the City within thirty (30) days of the date of
notice of same is mailed to the responsible party, the City may
assess a ~ien on the property owned by the responsible party
within the City of Poway. The lien shall be collected at the same
time and in the same manner as ordinary municipal taxes are col-
lected, and shall be subject to the same penalties and the same
procedure and sale in the case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy, col-
lection, and enforcement of municipal taxes shall be applicable to
such special assessment.
Section 3. Definition
A nuisance shail be defined as including but not limited to the viola-
tion of any ordinance, resolution, regulation or policy adopted by the
City Council, as defined within any such ordinance, resolution, regula-
tion or policy, or any condition within the City found to be a poten-
tial threat to the general health, safety and welfare of the public.
ORDINANCE NO. 57
Page 3
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 4th day of May, 1982, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the llth day of May 1982, by
the following roll call vote:
AYES:
NOES:
ABSENT:
COUNC I LMEMBERS
COUNC I LMEMBERS
COUNCILMEMBERS
Kruse, Oravec, Tarzy, Shepardson
None
Emery
Mary L. ~epar'dson~ Mayor
Marjori~ Wahlsten, City Clerk