Notice of Violation on Real Property 2017-0472255RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074-0789
DOC# 2017-0472255
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Oct 12, 2017 11:29 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES:4
(This space for Recorders Use Only)
317-110-68-00 Gov. Code §27281.5
CITY OF POWAY
NOTICE OF VIOLATION ON REAL PROPERTY
(No Documentary Transfer Tax Due)
The real property located in the City of Poway, County of San Diego, State of
California, described as follows:
0 AGSTEN LN.
POWAY, CA 92064
APN: 317-110-68-00
Said property is located in the City of Poway. Property owner's name and address:
HARMON FAMILY TRUST B 07-02-90
12624 OAK KNOLL RD
POWAY CA, 92064
The City Manager's designee has determined that the property having the above legal
description has had improvements to the property, without valid permits being first obtained.
This is in violation of the Poway Municipal Code as listed below:
Poway Municipal Code, Section 17.08.180 and Chapter 15.02
The record owner of the Property has been duly notified, and given an opportunity to
correct the violation.
Approved as to form:
"t eAk
Morga : L. oley
City AttoWey
City of Poway
M
City of Poway
STEVE VAUS, Mayor CITY OF POWAY
BARRY LEONARD, Dcpury.Mayor
JIM CUNNINGHAM, Councamcmbcr
DAVE GROSCI I, Councilm=bcr
JOHry MULLIN, CounaLnembcr
• Sent via USPS certified mail and first class mail
NOTICE AND ORDER TO ABATE VIOLATIONS OF POWAY MUNICIPAL CODE
SECTIONS 15.02, 15.04. AND 17.08
You are hereby informed that the Director of Development Services, as designee of the
City Manager of the City of Poway, has determined that conditions exist on your property
that pose a threat to the general health, safety and welfare of the public and that these
are deemed violations contrary to the Poway Municipal Code (PMC). Specifically, the
condition on your property that violates PMC code sections which prohibit unpermitted,
detached sheds built on a property lacking a legally built, main dwelling or an approved
primary use. As a result of these violations, the property is deemed a public
Said property is located at 0000 Agsten Lane, in the City of Poway.
Harmon Family Trust B 07-02-90
12624 Oak Knoll Rd.
Poway, CA 92064
Assessor's Parcel Number 317-110-68-00
Case # 16-0609
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:
• PMC Section 15.04.010 - Building Permits Required
• PMC Section 15.02.010 - Unsafe Buildings, Structures are a Public
Nuisance
• PMC Section 17.08.180 — Accessory Buildings and Structures
CORRECTIVE ACTIONS:
Property owner must complete the following corrective action within ten (10) days
from the date of this Notice and Order:
Notice and Order — HARMON FAMILY TRUST B07-02-90
February 20, 2017
Page 2 of 3
1. Obtain a demolition permit to remove all illegal structures (on the middle lot/parcel)
OR if allowed, obtain all required permits to approve the structures on the vacant
lot.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on November 1, 2016 and November 29, 2016 (Attachment 1). The past
Notices of Violations sent to you informed you of your responsibility to correct the violation
that exist on the property and that is described in this Notice and Order to Abate Nuisance.
These violations continue 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 Title15 Buildings and
Construction, and Title 17 Zoning Regulation sections 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 15.02.010,
15.04.010 and 17.08.180 of the Poway Municipal Code (PMC) (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.
Dated: February 20, 2017
i
Notice and Order — HARMON FAMILY TRUST B 07-02-90 i
February 20, 2017 i
Page 3 of 3 `
CITY OF P WAY
By
Robe Manis, Dire for of De el ment Services
APPROVED AS TO FORM:
Morga L. ol4r, City Attorney
Attached
1. Past Notice of Violation Letters
2. PMC Section 15.02.010, 15.04.010 and 17.08.180