Notice of Violation on Real Property 2017-0500032w\
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074-0789
278-200-30-00
DOC# 2017-0500032
Oct 26, 2017 02:54 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $0.00
PAGES. 4
(This space for Recorder's Use Only)
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 RUNNING DEER TRL
POWAY, CA 92064
APN: 278-200-30-00
Said property is located in the City of Poway. Property owner's name and address:
HABITATS TINY HOMES, LLC
795 NORTH AVE #C
VISTA, CA 92083
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 17.08.240(A)(2) — Walls and Fences
The record owner of the Property has been duly notified, and given an opportunity to
correct the violation.
Approved as to form:
Mor n L. F ley
City nI /
City of Poway
in
RobOrt J. Manis [- `
Director of Development Se
City of Poway
STEVE VAUS, Mayor
CITY OF POWAY
BARRY LEONARD, Deputy Mayor
JIM CUNNINGHAM, Councilmember
DAVE GROSCH, Councihnember
JOHN MULLIN, Councilmember
* 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 PMC PMC Section 17.08.240 (A)(2) in that fence
heights and design are restricted within the front yard setback. As a result of this
violation, the property is deemed a public nuisance requiring abatement
Said property is located at 0 Running Deer Trail, in the City of Poway.
Property Owner:
HABITATS TINY HOMES, LLC
795 NORTH AVE #C
VISTA, CA 92083
Assessor's Parcel Number 2782003000
Case # 17-0106
The following violation of law has been determined to pose a threat to the general health,
safety and welfare of the public and constitute a nuisance at the property:
VIOLATION:
• PMC Section 17.08.240(A)(2) — Walls and Fences.
CORRECTIVE ACTIONS:
• Property owner must complete the following corrective measures within ten (10)
days from the date of this Notice and Order:
Reduce all solid/non transparent fencing within front yard setback to a maximum
height of four (4) feet or less above grade or, restore fence to open/transparent design
with a maximum height of six (6) feet.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on April 19, 2017 and May 25, 2017 (Attachment 1). The past Notices of
Violations sent to you informed you of your responsibility to correct the violation that exists
on the property and 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
Notice and Order — HABITATS TINY HOMES, LLC
October 4, 2017
Page 2
informed you that it is responsible for enforcing all provisions of Title # 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 Section
17.08.240(A)(2) of 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.
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.
Dated: October 4, 2017
CITY OF OWA�Y/
Robe J. Manis, Efire&WoDev lopment Services
APP OVED AS TO FORM:
U4wk
Morga oley City ttorney
Attached:
1. Past Notice of Violation Letters
2. PMC 17.08.240(A)(2)
17.08.240 Walls and fences.
Requirements for walls and fences in residential zones shall be as follows:
A. A wall, fence, retaining wall, or driveway entry gate and associated pilasters including any appurtenances or any
combination thereof shall not exceed six feet in height, except as herein provided.
1. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or
wall and retaining wall shall not exceed six feet in height unless a five-foot landscape area is provided
between the retaining wall and fence or wall. A series of retaining walls and fence or wall is allowed in
conjunction with the five-foot landscape area, provided each individual fence and wall or retaining wall
shall not exceed six feet in height as conceptually shown in Figure A below.
2. Within the required front yard area, at a minimum, the top two feet of a six-foot fence or wall shall be
constructed of open fencing as conceptually shown in Figure B below, unless the wall is a retaining wall, a
driveway entry gate and associated pilasters, or additional height is approved for noise attenuation
purposes.
3. The maximum height of driveway entry gates and associated pilasters, on properties that are at least
one acre in size and zoned RR -A, RR -B, RR -C, or RS -1, shall not exceed seven feet. A driveway entry
gate and associated pilasters shall be located adjacent to a driveway and may be located within the front
yard setback area, provided a minimum 20 -foot setback is maintained to the edge of the street intersecting
the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate
without impacting traffic in the street.
Setback in RR -A Zone: 40 feet from easement road.
0
STREET
OPEN
FENCING
SOLID
FENCING