Res 03-090 RESOLUTION NO. 03-090
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT 11612 CREEK ROAD A PURL!C NUISANCE,
ORDERING THE INSTALLATION OF ADEQUATE EROSION CONTROL DEVICES
ASSESSOR'S PARCEL NUMBER 320-020-18
WHEREAS, Officials of the City of Poway have inspected and found a lack of
adequate erosion control devices at 11612 Creek Road, Poway, California, that would
prevent soil and sediment from entering into the storm drain system leading to Beeler
Creek; and
WHEREAS, Section 13.09.180.A.4 of the Poway Municipal Code states that the lack
of adequate erosion control devices is in violation of the City's Storm Water Management
and Discharge Control Ordinance and are deemed a threat to public health, safety and
welfare; and constitute a public nuisance, and if actions ordered under Subsection
13.09.180(A) (3) are not performed, the authorized enforcement official may abate any
public nuisance pursuant to the Poway Municipal code, Chapter 8.72; and
WHEREAS, the City Council conducted a Public Hearing on this matter on
November 18, 2003, at which time the owners of the property were given the opportunity to
appear and present evidence why the City Council should not find the violation existing on
the subject property constitutes a public nuisance and why abatement should not be
required fol!owing due prom~lgation of notices as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the violation identified above constitutes a
threat to the public health, safety and welfare.
Section2: The City Council elects to proceed pursuant to the California
Government Code Section 38773, and the Poway Municipal Code Chapter 8.72, to declare
a public nuisance, and to abate the above-described conditions on the property.
Section 3: The City Council declares that the identified violations render the
property a threat to the public health, safety and welfare., and therefore constitute a public
nuisance.
Section 4: The property owners are ordered to cover all exposed soils with
adequate erosion control measures to prevent soils and sediments from entering into the
storm drain system leading to Beeler Creek. The City will abate the nuisance at the
expense of the property owner and may secure payment of such expenses from the
prop~-rty owner by assessment ~nd lien upon the property.
Resolution No. 03-090
Page 2
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of November 2003.
Michael P, Mayor
ATTEST: ~
~'~i~nne Peoples, City ClErk i
t
STATE OF CALIFORNIA
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. 03-090 , was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of November 2003, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: REXFORD
Lori Anne Peoples, City Clerk
City of Poway
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