Item 3.3 - Reso Declaring Property at 12825 Claire Drive Constitutes a Public NuisanceG,,�y OF POWigY
City of Poway
COUNCIL AGENDA REPORT
DATE: March 19, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: David DeVries, City Planner elD
(858) 668-4604 / ddevries@poway.org 44
APPROVED
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
RESOLUTION NO. ?'1 1_b5
SUBJECT: Resolution Confirming that the Conditions on the Property at 12825
Claire Drive Constitute Violations of the Poway Municipal Code and
Upholding the Development Services Director's Decision to Issue a
Notice and Order to Abate Nuisance (Case No. 18-0044), and
Declaring that the Property Constitutes a "Public Nuisance" and
Ordering the Property Owner to Abate the Violation
Summary:
The hearing on this item is being held pursuant to Chapter 8.72 of the Poway Municipal Code
(PMC) for the purpose of determining whether the junk and green waste accumulation, unlawfully
stored vehicles/vessels, unpermitted accessory buildings, unpermitted garage conversion,
unpermitted breezeway conversion, lack of functional smoke detectors, and other fire hazards on
the property at 12825 Claire Drive, also referred to as 0 Shirra Avenue (APN 323-092-07)
constitute violations of the PMC and whether the property owner should be issued a Notice and
Order to Abate Nuisance. The owners of the property are Dondi and Tanya Dahlin (Dahlin Dondi
Trust 05-11-06 and Dahlin Tanya Trust 08-28-06). Should the City Council find that violations
exist on the subject property, staff recommends that the City Council uphold the Director's
decision to issue a Notice and Order to Abate Nuisance to the property owners, declare that the
property constitutes a public nuisance and order the property owner to abate the violation if the
owner fails to timely remedy the public nuisance conditions.
Recommended Action:
It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding
that the conditions on the property constitute violations of the PMC, upholding the Director's
decision to issue a Notice and Order to Abate Nuisance, and finding that the conditions on the
property constitute a public nuisance and declaring that the City abate nuisance if the owner fails
to timely remedy the public nuisance conditions.
Discussion
On February 7, 2018, Code Compliance, Building Services and Safety Services staff responded
to a request to inspect the subject property during execution of a search warrant by the Sheriff's
Department. A code compliance case was opened with the Development Services Department.
Staff noted evidence of numerous violations of Poway's municipal code, including life and safety
concerns. Violations included a garage/breezeway conversion to living space, accessory
buildings lacking building permits, use of a pool pump system to pump water to outdoor water
1 of 48 March 19, 2019, Item #3.3
Code Compliance -12825 Claire Drive
March 19, 2019
Page 2
connections (unlawful stormwater discharge), unlawful vehicles stored outdoors, junk and green
waste accumulation and fire hazards including accumulation of combustible materials, nonoperational vehicles, multiple high-pressure gas cylinders, non-permitted electrical connections
and non-functioning smoke detectors in the rental dwelling. The subject property is located at
12825 Claire Drive within the Rural Residential-C (RR-C) zone and is also within a Very High Fire
Hazard Area (VHFHA) zone (Attachment 8). Aerial photographs of the property are included as
Attachment C. Fire Department and Building Division staff inspected the property and identified
several fire hazards and code violations. A summary of the fire hazards and code violations
identified is included as Attachment D.
Violations regarding vehicles and vessels on the property involved inoperable vehicles, an
occupied RV, and the storing of boats, jet skis and vehicles not registered to the occupants of the
home, which are violations of zoning regulations. A summary of unlawfully stored vehicles/vessels
is included as Attachment E. A review of City and County building records revealed no evidence
of permits for the accessory structures, pool equipment, garage conversion or breezeway
conversion.
Two Notices of Violations were issued to the property owner and tenant on February 12, 2018
and May 2, 2018 (Attachment F). In the summer of 2018, the property owners communicated to
staff that they intended to evict the tenants, submit plans to restore the converted garage back to
a garage and resolve all other violations. Staff agreed to allow the property owner more time, as
long as they provided evidence of eviction action and regular updates on progress. By the Fall of
2018, staff noted the occupied RV was removed from the subject property and evidence of some
cleanup effort had been observed.
In August 2018, after communicating with the property owner and tenant, staff was made aware
that the owner had intended to sell the property to the tenant because eviction action was not
progressing, and the sale of the property was a viable option for the property owner.
By November 2018, there had been no progress toward submitting plans to resolve building code
violations and progress toward resolving other violations was limited, except for some minor
clean-up efforts. Staff informed the owner that enforcement action would resume due to lack of
progress.
On November 15, 2018, a Notice and Order to Abate Nuisance (Attachment G) was mailed to the
property owner and tenant. On November 21, 2018, staff received a written request from the
property owner's attorney for an administrative hearing in response to the Notice and Order to
Abate Nuisance (Attachment H). Because some of the violations pertain to violations of California
Building Codes, the requested administrative hearing must be heard by an "Appeals Board," and
not a sole hearing officer or staff person. Poway Municipal Code Chapter 2.20 deems the City
Council as the City's "Appeals Board." Accordingly, this hearing matter has been scheduled for
City Council consideration and action. In addition to the appeal itself, staff further recommends declaring the property to be a public nuisance, which would enable the City to obtain inspection
and abatement warranty without further City Council action.
As of February 11, 2019, staff has continued to observe ongoing Building Code violations, junk
and green waste accumulation and unlawfully stored vehicles. No plans have been submitted to
seek permits and the subject property's tenant has informed staff of his intent to close escrow on
purchasing the property from the property owners, but no documentation of the transaction has
2 of 48 March 19, 2019, Item # 3.3
Code Compliance -12825 Claire Drive
March 19, 2019
Page 3
been provided. Neither the property owners nor their attorney have provided evidence to staff to
refute the City's findings that ongoing violations of the PMC exist on the subject property. An offer
by the City Attorney to schedule a meeting with the owner's attorney has gone unanswered.
On February 13, 2019, code compliance staff mailed a Notice of Violation to the address of all
owners of vehicles being stored on the property that are not registered to the property owner or
tenant. A Notice of hearing was mailed to the property owner and their Attorney (Attachment I).
Photographs of the junk accumulation, parked/stored vehicles and unpermitted patio
covers/shade structures are provided as Attachment J. A Case Chronology is provided as
Attachment K.
If the City Council should find that violations exist on the subject property, staff recommends that
the City Council uphold the Director's decision to issue a Notice and Order to Abate Nuisance to
the property owners, declare that the property constitutes a public nuisance and order the property
owner to abate violation. If the owner fails to timely remedy the public nuisance conditions, the
City Council finds that the owner was provided the required legal notice, authorizes staff to secure
an inspection and abatement warrant and abate the violations by removing all of the trash, junk,
miscellaneous debris, inoperable vehicles, etc. All costs and fees of the abatement will be kept
and itemized and, if the owner refuses or fails to timely reimburse the City for such expenses,
staff will return to the City Council to confirm the costs and fees and then lien the property or
record a special assessment to recoup all of the City's costs and fees. Staff may continue other
enforcement action, such as administrative citations, recording a Notice of Violation against the
property title and/or other measures to achieve code compliance.
Environmental Review:
This item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is
therefore not subject to CEQA review.
Fiscal Impact:
If abatement is conducted by the City, the costs/fees of the abatement, plus an administrative fee,
will be assessed to the property owner via a lien and/or a special assessment.
Public Notification:
A public notice was published in the Poway News Chieftain on March 7, 2019 and a copy of this
report was sent to the property owners. A copy of the notice was posted at the property.
Attachments
A.Resolution Upholding the Director's decision to issue a Notice and Order to Abate
Nuisance
B.Location Map
C.Aerial photographs
D.Summary of observations by Building Services and Safety Services staffE.Summary vehicle and vessel registration information (vehicles not registered to tenants)
noted by inspection date
F.Notice of Violations
3 of 48 March 19, 2019, Item# 3.3
Code Compliance -12825 Claire Drive
March 19, 2019
Page 4
G.Copy of Notice and Order to Abate Nuisance
H.Written request for administrative hearing
I.Notices of Violation to vehicle owners
J.Photos of violations
K.Chronology of case
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
4 of 48
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
�-WUl·tc
Tina M. White
City Manager
March 19, 2019, Item# 3.3
RESOLUTION NO. P-19-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING
CONDITIONS PRESENT AT 12825 CLAIRE DRIVE (0 SHIRRA
AVENUE), POWAY, CALIFORNIA CONSTITUTE VIOLATIONS
OF THE POWAY MUNICIPAL CODE AND UPHOLDING
DEVELOPMENT SERVICE DEPARTMENT DECISION TO ISSUE
NOTICE AND ORDER TO ABATE NUISANCE
WHEREAS, inspections of the premises at 12825 Claire Drive (0 Shirra Ave.), Poway,
California, with Assessor Parcel Number 323-092-07 ("Property") have been repeatedly
conducted by City of Poway ("City") personnel;
WHEREAS, said inspections reveal violations of the Poway Municipal Code exist on the
Property;
WHEREAS, City personnel have observed violations of Section 15.02.010, 15.02.070
and 15.02.040 of the Poway Municipal Code by failing to acquire the necessary permits and
approvals for a converted garage and breezeway into living space, as well as accessory
buildings or structures;
WHEREAS, City personnel have observed violations of Sections 17.42.060 and
17.54.020 of the Poway Municipal Code by storing vehicles/vessels on the property not
registered to the tenant occupants of the home;
WHEREAS, City personnel have observed violations of Section 8.68.040 and 8.76.040
of the Poway Municipal Code by maintaining accumulations of junk and green waste on the
property located within the Very High Fire Hazard Area;
WHEREAS, City personnel have observed a violation of Chapter 10.52 of the Poway
_Municipal Code by _sto�ir:ig inop�.[a�le vehicles. outdoors. and in the open;
WHEREAS, City personnel have observed a violation of Chapter 8.72 of the Poway
Municipal Code by documenting multiple conditions that constitute a public nuisance, and may
be declared as such by the City Council;
WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the
Property owners, including issuing violation notices on February 12, 2018 and May 2, 2018 and
issuing a Notice and Order to Abate Nuisance on November 15, 2018, demanding compliance;
WHEREAS, the City has responded to the property owners request for hearing in
response to the Notice and Order to Abate Nuisance;
follows: WHEREAS, Section 8.72.020 of the Poway Municipal Code defines a nuisance as
A "nuisance" includes but is not limited to the violation of any ordinance, resolution,
regulation or policy adopted by the City Coun cil, as defined within any such ordinance,
resolution or policy, or any condition within the City found to be potential threat to the
general health, safety and welfare of the public.
5 of 48 March 19, 2019, Item # 3.3
Resolution No. P-19-
Page 2
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;'
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 March 19, 2019, where
evidence has been presented before the City Council, 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 ongoing violations of the Poway Municipal Code, and whether the conditions
on the Property constitute a public nuisance.
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: The City Council finds that this action is not subject to review under the
California Environmental Quality Act (CEQA). The determination of a public nuisance is not a
project in accordance with CEQA guidelines.
Section 2:
and determines. The foregoing recitals are true and correct, and the City Council so finds
Section 3: The City Council finds and declares that the Director of Development
Services decision to issue a Notice and Order to Abate Nuisance to the property owners was
appropriate, justified, and staff may continue enforcement action.
Section 4: The City Council further finds and declares that the conditions on the
Property described in the recitals each present a danger to the health, property, safety, and
welfare of !he pu_blic _and_ therefore constitute a public nuisance as defined in California Civil
Code section 3480 and the Poway Municipal Code: (1) failing to acquire the necessary permits
and approvals for a converted garage and breezeway into living space, as well as accessory
buildings or structures; (2) storing vehicles/vessels on the property not registered to the tenant
occupants of the home; (3) maintaining accumulations of junk and green waste on the property
located within the Very High Fire Hazard Area; and (4) storing inoperable vehicles outdoors and in the open;
Section 5: The City Council orders the owner of the Property to abate the nuisances
within thirty (30) days by bringing the Property into compliance with the provisions of the Poway
Municipal Code cited in the recitals. 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 6: A copy of this resolution of the City Council affirming the issuance of the
Notice and Order to Abate Nuisance and ordering abatement 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 at his
or her own expense, provided the same is completed prior to the thirty-day abatement.
6 of 48 March 19, 2019, Item# 3.3
Resolution No. P-19-
Page 3
Section 7: If the nuisances are not completely abated by the owner as directed
within the thirty (30) 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 of the abatement, including administrative costs.
Section 8: 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 incurred by the
City in abating the nuisances, including all administrative and legal costs 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 to Government Code sections 38773 and 38733.5,
the total cost, fees, and expenses of abatement, including all administrative costs and attorney's
fees, shall constitute a lien or a special assessment against that parcel and shall be collected in
accordance with applicable State and City laws.
7 of 48 March 19, 2019, Item# 3.3
Resolution No. P-19-
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting held on the 19th day of March 2019.
ATTEST:
Faviola Medina, CMC, City Clerk
STATE OF CALIFORNIA ) ) ss
COUNTY OF SAN DIEGO )
Steve Vaus, Mayor
I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify under
penalty of pe�ury that the foregoing Resolution No. 19-was duly adopted by the City Council
at a meeting of said City Council held on the 19th day of March 2019, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
8 of 48
Faviola Medina, CMC, City Clerk
City of Poway
March 19, 2019, Item# 3.3
RR-C
Subject Location:
i--------APN 323-092-07
OS-
0 115 230 460 - ----
9 of 48
Feet
-7
CITY OF POWAY
Zoning I Location Map
Item: Code Case 18-0044
12825 Claire Drive
(0 Shirra Avenue)
APN: 323-092-07
March 19, 2019, Item# 3.3
/
1Pnnt 01te:
2/14/2019
10 of 48
12825 Claire Dr.
ATTACHMENT C
MIP Scale:
1 ln<h = 193 feet
March 19, 2019, Item# 3.3
Pnnt D•te:
2/14/2019
11 of 48
Map Provided by the City of Poway
Map Scale:
1 Inch= 19 feet
March 19, 2019, Item# 3.3
*.i
WRJ .
'rA.-I %ft
10
I OL
7 W -A,
_ ..
1/r
CITY OF POWAY FIRE DEPARTMENT
13050 Community Road, Poway, CA 92064 (858) 668-4470
FIRE & LIFE SAFETY INSPECTION CONCERNS
Property Address: 12825 Claire Dr. Poway Ca 92064
Date: February 7, 2018
Inspector: Andy Loperena
1.Property presents poor housekeeping and an accumulation of combustible waste such as non-operational
vehicles, dry vegetation, scrap wood pile, and general household waste items throughout.
2.Property presents non-operational smoke alarms. (Power lights not illuminated).
3.Property presents multiple high pressure (2,000psi) gas cylinders (Flammable gas).
4.Property presents numerous conditions of non-approved electrical connections such as multiple extension cord
uses with piggy-backing of cords to multi-plugs.
Authority to conduct Inspections by the Fire Dep.irtment Is found In the lntem.itlon.il Fire Code, lntern.itlonal Bulldin& Code .ind the
amendments thereto .is .adopted by the City Council of the City Of Poway as well as appropriate fire codes of the State of C..llfornla.
Business Rep. Slanature: ___________ _ Print Name/Title: _____________ _
Inspector: _____________ _ Date Compliance Gained: ___________ _
Fire Prevention Division (858) 668-4470
13 of 48 ATTACHMENT D March 19, 2019, Item # 3.3
CITY OF POWAY
MEMORANDUM
TO: Dan Welte
FROM: Trish Johnson
DATE: February 15, 2019
SUBJECT: 12825 Claire Dr.
Please see my revised notes in red, based on a site visit on February 11, 2019.
•2 Structures in front of house with electrical. One is a storage shed and one is a patio cover-the
storage shed appears to be less than 120 square feet but still has electrical in it.
•Fireplace on dolly -still on site.
•Garage conversion into 2 bedrooms, ½ bath, laundry and large open area being used as a closet ·
still converted no permits.
•Breezeway has been enclosed into a family room/den area -still converted no permits.
•Storage shed with attached chicken coop and goat pen -over 120 sq.ft. -measured structures
and they are greater than 120 square feet.
•Large shade structure in back with extension cord run from old pool equipment to structure -
extension cord has been removed.
•2 structures in back corner of lot -car shade structure with jet skis under them -structures
have been removed.
•Extension cords running to trailer and light attached to tree -light still attached to tree.
Extension cord coiled at base of tree.
•Kitchen has been remodeled -no permits for kitchen remodel.
•While on site February 11, 2019 saw a new covered area to the south of structures in front of
house. Structure is greater than 120 square feet .
14 of 48 March 19, 2019, Item # 3.3
DMV Vehicle Registration Info
(Vehicles not registered to the address and/or tenants, observed by Staff)
Case Address: 0 Shirra Ave (12825 Claire Dr.)
Date Observed on Property: February 7, 2018
License Plate/Reg. No. Make/Model
Cadillac -Ford/pickup c--. Chev/pickup
Yamaha/Jetski -Max um/Boat -Chevy/pickup -RV -Ford/Excursion -Volk -Ezld/Trailer
/) ((
Case Number: 18-0044
Year/Color Owner
2001/White ' '-.._Chavez
2005/black r--..,__ "'"' Dominguez
1996/black \� ',. "'"' /Roth
2QQ0-0,. \\ ) �"-/Lucia
/2901 "'"' \v /'-Hunt & Weede
(,/"'-..__"-.._. "'"' ' \ Z�wachi
"-.._"' "'"' � -Rankin
<"----. "'"' "'"' Rankin
"'�1'�t3, V Rankin
"'-"'-1988..) Rankin
15 of 48 ATTACHMENT E March 19, 2019, Item# 3.3
DMV Vehicle Registration Info
(Vehicles not registered to the address and/or tenants, observed by Staff)
Case Address: 0 Shirra Ave (12825 Claire Dr.)
Date Observed on Property: M ay 3, 2018
Case Number: 18-0044
License Plate/Reg. No. Make/Mo del Year/Color Owner --+-----------+-----------+-------------, Yamaha/Jetski 2000 ,,..__ Lucia
,---�-�----ir----M_a_x_u_m_/_B_o_at ___ -t-____ 2_0_0_1 _____ '-+�'-c'-,---H_u_n_t _&_W-,-ee_d_e __ ---iChevy/pickup ('-.___ "-"-Zawachi
16 of 48
Ford/pickup 2005/black \\� ....__ "-"-l?orninguez
March 19, 2019, Item # 3.3
OMV Vehicle Registration Info
(Vehicles not registered to the address and/or tenants, observed by Staff)
Case Address: 0 Shirra Ave (12825 Claire Or.)
Date Observed on Property: September 14, 2018
Case Number: 18-0044
License Plate/Reg. No. Make/Model Year/Color Owner
-Chev/pickup 1996/black Roth
Yamaha/Jetski 2000 '- \_ Lucia
1----�-"'----+---M_a_xu_m....:/_B_o _at __ --1 _____ 20_0 _1 _ ___,,0--.,..,..,;"-<-+-�-'�+,-H-u_n..,.t _&_w...,e..,.e_d _e __ --tChevy/pickup \ \�, "-"-.,.-Z�wachi
17 of 48
Ford/pickup 2005/�la�k, \ \ /�'-Dominguez
March 19, 2019, Item # 3.3
DMV Vehicle Registration Info
(Vehicles not registered to the address and/or tenants, observed by Staff)
Case Address: 0 Shirra Ave ( 12825 Claire Dr.)
Date Observed on Property: November 29, 2018
License Plate/Reg. No. Make/Model
Cadillac
Jeep
Chev/pickup
Yamaha/Jetski
Maxum/Boat
Chevy/pickup
18 of 48
Case Number: 18-0044
Year/Color Owner
2001/White '-- '-.. Chavez
2000/black � ""'""' Lee
1996/black \ � ..._ ""'""' /Roth 2qq60-_ \\ ) .>--..._ "-/Lucia
/2!)01 ""'""' \" / 'Hunt & Weede
<'./"'-._ ""'- ""'""' ',\ Zawachi
March 19, 2019, Item # 3.3
STEVE V,\US, Ma yor CITY OF POWAY JOIIN MUI.I.IN, D,...pmy Mayor
JIM CUNNING! l,\M, CounciJm,...mbcr
D1\ VE GROS<] I, Councilmcmbcr
R,\RllY LEON,\RD, Councilmcmbcr
February 12, 2018
Property Owner
DAHLIN DONDI
TRUST 05-11-06
3747 EAGLE ST
SAN DIEGO, CA 92103
NOTICE OF VIOLATION
Tenant
BIAS, MICHAEL & DEANNA
12825 CLAIRE DR.
POWAY, CA 92064
Subject: Zoning, building, and other violations at O Shirra Ave. (12825 Claire Dr.) Poway, CA 92064 (APN: 3230920700); Case No. 18-0044
Dear Property Owner/Tenant,
It has come to the attention of the City of Poway that the following violation(s) of the Poway Municipal Code (PMC) exist on your property:
1.PMC Chapter 15.02; Section 15.02.070 -Unapproved occupancy a public nuisance.
2.PMC Section 15.04 -Building permits, inspections and final approval required.
3.PMC Section 15.08 -Violation of Electrical Code.4.PMC Section 17.42.060(G)(2) Property development standards -Special requirements(parking of vehicles).
5.PMC Section 17.42.070(A) -Performance standards (parking areas).
6.PMC Chapter 10.52, Article II -Nuisance vehicles on private property.
7.PMC Chapter 8.72 -Public nuisance.
8.PMC Section 8.44.130(A)(3) & (8) -Trailer coach (RV) storage.9.PMC Section 8.68.040 -Accumulation of materials constituting a hazard prohibited.
10. PMC Section 8. 76.040 -Waste matter.
11.PMC Section 17.54.020 -Actions deemed nuisance (unapproved zoning and buildinguses).
12.PMC Section 8.60.430 -Disinfection of privy vault, privy, cesspool or water closet.
You are required to complete or make progress toward the following corrective measures within ten (10) days from the date of this notice (see page 2):
19 of 48
Ciry Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
W\Vw.poway.org
ATTACHMENT F March 19, 2019, Item # 3.3
Building Violations:
1.Obtain all required permits for attached garage conversion into bedrooms with
bathroom, breezeway conversion into game room, and kitchen remodel or, obtain
permits to restore home to original design.
2.Obtain all required permits for storage shed with shade cover and electrical in driveway
or remove unapproved structures.
3.Obtain all required permits for storage shed and attached chicken coop over 120
square feet in floor area.
4.Remove all unapproved shade cover structures for stored materials and vehicles or if
allowed, obtain all required permits.
5.Disconnect and cease use of all extension cords to shade covers, trailers and detached
structures; not allowed.
6.Restore all required smoke alarms to functional condition.
Vehicle Violations:
7.Vehicle storage: Storage of any motorized vehicles, non-motorized vehicles, boats or
other vessels limited to those registered to the tenants of the property (Michael and
Deanna Bias). All other vehicles not registered to tenants are required to be removed
from the property. Vehicle and vessel storage lot type activity is not an allowed use in
RR-C Zone.
8.Inoperable Vehicles: Inoperable vehicles are a public nuisance and shall be concealed
from view or stored within a lawful structure. Inoperable vehicles are not allowed in
driveway. Non-compliant storage of inoperable vehicles is subject to enforcement and
abetment.
9.Occupied Trailer: Disconnect trailer from utilities, vacate and remove RV trailer from the
property; usage of RV/trailer coach is not allowed.
Junk and Debris:
10.Green waste: Your property is located within the Very High Fire Hazard Area zone of
Poway, and Fire Department staff has noted unsafe stockpiles of combustible
materials, such as mulch and tree trimmings. Remove materials from your property and
dispose of materials in a lawful manner.
11.Junk: Your property is located within the Very High Fire Hazard Area zone of Poway,
and Fire Department staff has noted unsafe storage of junk, construction debris, auto
parts, household items, machinery, and materials. Additionally, storage of any items or
materials associated with tenant's plumbing/construction business is not an allowed
use in a RR-C zone. Remove all stored junk and materials from property.
Septic System:
12.Septic system has been noted as being kept in an unsafe or poorly maintained
condition. Comply with all directives is sued by County of San Diego Department of
Environmental Health, including obtaining all required permits for replacement of
residential septic tank.
Failure to correct the violation(s) by the required date may result in issuance of
Page 2 of 3
20 of 48 March 19, 2019, Item # 3.3
Administrative Citation, double permit fees, withholding of any permit or project, revocation of permits, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney.
Thank you for your cooperation in this matter. Should you have any questions, I may be reached at dwelte@p oway.org or (858) 668 4664.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte Code Compliance Officer
21 of 48
Page 3 of 3
March 19, 2019, Item # 3.3
Poway Municipal Code
Chapter 15.02
UNIFORM ADMINISTRATIVE CODE
Section 15.02.010 Adoption of Uniform Administrative Code.
There is adopted as the City administrative code for the purpose of prescribing administrative
and enforcement provisions for certain technical codes, the Uniform Administrative Code, 1997
Edition, promulgated and published by the International Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California 90601, including such provisions as are
hereinafter added, deleted, or amended. (Ord. 526 § 2 (8), 2000)
the City of Poway Municipal Code.
(Ord. 526 § 2(8), 2000)
Section 1 s:02.070 Section 206 added.
Section 206 of the Uniform Administrative Code, 1997 Edition, is added to read as follows:
Sec. 206 Public Nuisance. Any building or structure erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted, or demolished, equipped, used, occupied, or
maintained contrary to the provisions of this code shall be and the same is hereby declared to
be unlawful and a public nuisance. The City Attorney may commence necessary proceedings
for the abatement, removal and/or enjoinment of any such public nuisance in the manner
provided by law. Any failure, refusal or neglect to obtain a permit as required by Chapter 3 of
this code shall be prim a facie evidence of the fact that a public nuisance has been committed in
connection with the erection, construction, enlargement, alteration, repair, movement,
improvement, removal, conversion or demolition, equipment, use, occupation, or maintenance
of a building or structure erected, constructed, enlarged, altered, repaired, moved, improved,
removed, converted or demolished, used, occupied, or maintained contrary to the provisions of
this code or the technical codes.
(Ord. 526 § 2(8), 2000)
Chapter 15.04
BUILDING CODE
Section 15.04.010 Adoption.
There is adopted and incorporated by reference herein as the City Building Code, for the
purpose of prescribing regulations in the City of Poway for the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area, and maintenance of buildings and structures, the 2016 California
Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California
Building Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq., which is based on the International Building Code, 2015 Edition, including those
appendix chapters adopted by this chapter and Chapter 15.02 PMC, all erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area and maintenance of buildings and structures within the City of Poway shall be in conformance with the 2016 California Building Code, published by the
California Building Standards Commission, which is based on the International Building Code,
2015 Edition, and the adopted appendix chapters, published by the International Code Council,
4051 West Flossmoor Road, Country Club Hills, IL 60478. (Ord. 793 § 4, 2016)
Section 17.42.060 Property development standards -Special requirements.
Special development standards shall be as follows:
22 of 48 March 19, 2019, Item# 3.3
G.In any R zone except the RC and RA parking of motorized and nonmotorized vehicles
shall be subject to the following requirements and those shown in the example below:
1.No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as
shown below except on land adjacent to the driveway or in the driveway. In all cases the
surface shall be Portland concrete cement.
2.If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, as
permitted in subsection (G)(1) of this section, they must be for the personal use of theresident.
Section 17.42.070 Performance standards.
A.All parking facilities required by this chapter shall be maintained in good operating
condition for the duration of the use requiring such facilities. Such facilities shall be used
exclusively for the parking of vehicles. The parking facilities shall not be used for the
storage of merchandise, or for the storage or repair of vehicles or equipment. Parking
facilities shall not be used for the sale of merchandise, except on a temporary basis
pursuant to PMC 17.26.020 through 17.26.070.
Chapter 10.52
VEHICLES ON HIGHWAY AND NUISANCE VE HICLES
Article II. Removal and Disposal of Abandoned Vehicles Not on Highways
Section 10.52.040 Purpose and intent.
The purpose and intent of the Council in adopting this article is to establish procedures
pursuant to Sections 22660 to 22664 of the California Vehicle Code for the abatement,
removal and disposal as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private or public property, not including highways.
(Ord. 25 § 2(a), 1981)
Section 10.52.050 Removal and disposal procedures.
Any vehicle located on property other than a highway may be removed as a public
nuisance and disposed of in accordance with the following procedures:
A.Not less than 10 days prior to any removal or disposal of a vehicle, a notice of intention
to abate and remove the vehicle as a public nuisance shall be issued unless the property
owner and the owner of the vehicle have signed releases authorizing removal and waiving
further interest in the vehicle. The notice shall contain a statement of the hearing rights of
the owner of the vehicle and of the owner of the property on which the vehicle is located.
The statement shall include notice to the property owner that he may appear in person at ahearing or may submit a sworn written statement denying responsibility for the presence of
the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of
intention to abate shall be mailed, by registered or certified mail, to the owner of the land as
shown on the last equalized assessment roll and to the last registered and legal owners of
record unless the vehicle is in such condition that identifi cation numbers are not available to
determine ownership.
B.Upon request by the owner of the vehicle or the owner of the land on which the vehicle is
located, a public hearing shall be held before the City Manager or any other regularly
salaried full-time employee of the City whom the City Manager may designate. This request
shall be made to the Manager or his designee wit hin 1 O days after the mailing of the notice
23 of 48 March 19, 2019, Item# 3.3
of intention to abate and remove the vehicle.
C.The owner of the land on which the vehicle is located may appear in person at the
hearing. Instead of making an appearance, he may present a sworn written statement, in
time for consideration at the hearing, denying responsibility for the presence of the vehicle
on the land, with his reasons for his denial. This statement shall be construed as a request
for a hearing which does not require the presence of the owner submitting the request. If it
is determined at the hearing that the vehicle was placed on the land without the consent of
the landowner and that he has not acquiesced in its presence, then the costs of
administration or removal of the vehicle shall not be assessed against the property upon
which the vehicle is located, pursuant to Government Code Section 38773.5, or collectedfrom the landowner.
D.No person shall reconstruct or make operable any vehicle removed under the provisions
of this article, unless it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license, pursuant to Section 5004 of the California Vehicle Code,
in which case the vehicle may be reconstructed or made operable.
E.This article shall not apply to:
1.A vehicle which is completely enclosed within a building in a lawful manner where it is
not visible from the street or other public or private property; or
2.A vehicle which is stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.
This exception shall not, however, authorize the maintenance of a public or private
nuisance as defined under provisions of law other than this section.
F.Vehicle may be disposed of by removal to a scrapyard, automobile dismantler's yard, or
any suitable site for processing as scrap, or other final disposition consistent withsubsection D of this section.
G.Notice shall be given to the Department of Motor Vehicles within five days after the date
of removal, identifying the vehicle and any evidence of registration available including, but
not limited to, the registration card, certificate of ownership or license plates.
H.The cost of removal and disposal of any vehicle, and the administrative fee as shall be
established by City Council resolution from time to time, may be charged against the
person who is determined to be responsible for the maintenance of the vehicle as a publicnuisance.
I.Provisions of this section shall be administered by regularly salaried full-time employees
of the City, except that the removal of vehicles from the property may be by any other duly
authorized person. Any such authorized person may enter upon private property for the
purposes specified in this section to examine a vehicle, and remove or cause to be
removed the vehicle declared to be a nuisance pursuant to this section.
J.Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant
to this section shall be excused from the reporting requirements of Section 11520 of the
California Vehicle Code; and any fees and penalties which would otherwise be due the
Department of Motor Vehicles are waived; provided, that a copy of the resolution or order
authorizing disposition of the vehicle is retained in the dismantler's or commercial
enterprise's business records. (Ord. 683 § 42, 2008; Ord. 25 § 2(b), 1981)
Section 8.68.040 Accumulation of materials constituting a hazard prohibited.
It is unlawful for any person to create, or allow to be created or maintained upon any
premises in the City, owned, occupied or managed by such person, any accumulation of
materials that are dangerous as a fire menace or hazard to the public health, safety or
24 of 48 March 19, 2019, Item # 3.3
welfare. (Ord. 448 § 2, 1995)
Sections 8.76.040 Waste matter.
Waste matter as defined in this chapter, which by reason of its location and character is
unsightly and interferes with the reasonable enjoyment of property by neighbors, or which
would materially hamper or interfere with the prevention or suppression of fire upon the
premises, or the abatement of a nuisance, is declared a public nuisance. (Ord. 677 § 7,
2008; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC§ 35.402)
Chapter 8.72
NUISANCE ABATEMENT PROCEDURE
Section 8.72.010 Findings.
California Government Code Sections 38773 and 38773.5 allow the City 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 delay and/or cost to the general public. (Ord.
57 § 1, 1982)
Section 8.72.020 Nuisance defined.
A "nuisance" 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. (Ord. 57 § 3, 1982)
Section 17.54.020 Actions deemed nuisance.
Any building or structure erected hereafter, or any use of property contrary to the provisions
of a duly approved development permit, minor development review, variance, conditional
use permit, or administrative permit, and/or this title is unlawful and a public nuisance per
se and subject to abatement in accordance with local ordinance. (Ord. 113 § 1 (Exh. A
1.6(6)), 1983)
25 of 48 March 19, 2019, Item #3.3
STEVE\' 1\US, Mayor CITY OF POWAY
JOI IN MULi.iN, Deputy Ma yor
JIM CUNNING I 1AM, Councilmcmbcr
D,\ VE GROS<] I, Cmmcilmcmbcr
fMRRY J.l�ON,\RD, Coum .. -ilmcmbcr
May 2, 2018
Property Owner
DAHLIN DONDI
TRUST 05-11-06
3747 EAGLE ST
SAN DIEGO, CA 92103
SECOND NOTICE OF VIOLATION
Tenant
BIAS, MICHAEL & DEANNA
12825 CLAIRE DR.
POWAY, CA 92064
Subject: Zoning, building, and other violations at O Shirra Ave. (12825 Claire Dr.) Poway, CA 92064 (APN: 3230920700); Case No. 18-0044
Dear Property Ownerrrenant,
It has come to the attention of the City of Poway that the following violation(s) of the Poway Municipal Code (PMC) exist on your property:
1.PMC Chapter 15.02; Section 15.02.070 -Unapproved occupancy a public nuisance.
2.PMC Section 15.04 -Building permits, inspections and final approval required.
3.PMC Section 15.08 -Violation of Electrical Code.
4.PMC Section 17.42.060(G)(2) Property development standards -Special requirements
(parking of vehicles).
5.PMC Section 17.42.070(A) -Performance standards (parking areas).
6.PMC Chapter 10.52, Article II -Nuisance vehicles on private property.
7.PMC Chapter 8.72 -Public nuisance.
8.PMC Section 8.44.130(A)(3) & (B) -Trailer coach (RV) storage.
9.PMC Section 8.68.040 -Accumulation of materials constituting a hazard prohibited.
10. PMC Section 8.76.040 -Waste matter.
11. PMC Section 17.54.020 -Actions deemed nuisance (unapproved zoning and building
uses).
12. PMC Section 8.60.430 -Disinfection of privy vault, privy, cesspool or water closet.
You are required to complete or make progress toward the following corrective measures within ten (10) days from the date of this notice (see page 2):
26 of 48
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
\VWw.poway.org
March 19, 2019, Item # 3.3
Building Violations:
1.Obtain all required permits for attached garage conversion into bedrooms with bathroom,
breezeway conversion into game room, and kitchen remodel or, obtain permits to restore
home to original design.
2.Obtain all required permits for storage shed with shade cover and electrical in driveway
or remove unapproved structures.
3.Obtain all required permits for storage shed and attached chicken coop over 120 square
feet in floor area.
4.Remove all unapproved shade cover structures for stored materials and vehicles or if
allowed, obtain all required permits.
5.Disconnect and cease use of all extension cords to shade covers, trailers and detached
structures; not allowed.
6.Restore all required smoke alarms to functional condition.
Vehicle Violations:
7.Vehicle storage: Storage of any motorized vehicles, non-motorized vehicles, boats or
other vessels limited to those registered to the tenants of the property (Michael and
Deanna Bias). All other vehicles not registered to tenants are required to be removed
from the property. Vehicle and vessel storage lot type activity is not an allowed use in
RR-C Zone.
8.Inoperable Vehicles: Inoperable vehicles are a public nuisance and shall be concealed
from view or stored within a lawful structure. Inoperable vehicles are not allowed in
driveway. Non-compliant storage of inoperable vehicles is subject to enforcement and
abetment.
9.Occupied Trailer/RVs: Disconnect trailer/RV from utilities, vacate and remove RV trailer
from the property; usage of RV/trailer coach is not allowed.
Junk and Debris:
10.Green waste: Your property is located within the Very High Fire Hazard Area zone of
Poway, and Fire Department staff has noted unsafe stockpiles of combustible materials,
such as mulch and tree trimmings. Remove materials from your property and dispose of
materials in a lawful manner.
11.Junk: Your property is located within the Very High Fire Hazard Area zone of Poway, and
Fire Department staff has noted unsafe storage of junk, construction debris, auto parts,
household items, machinery, and materials. Additionally, storage of any items or
materials associated with tenant's plumbing/construction business is not an allowed use
in a RR-C zone. Remove all stored junk and materials from property.
Septic System:
12.Septic system has been noted as being kept in an unsafe or poorly maintained condition.
Comply with all directives issued by County of San Diego Department of Environmental
Health, including obtaining all required permits for replacement of residential septic tank.
Failure to correct the violation(s) by the required date may result in issuance of Failure to
correct the violation(s) by the required date may result in issuance of Administrative Citation,
Page 2 of 3
27 of 48 March 19, 2019, Item # 3.3
double permit fees, withholding of any permit or project, revocation of permits, recordation
of Notice of Violation against t he property, imposition of lien against the property, Nuisance
Abatement Proceedings and/or referral to the City Attorney.
Thank you for your cooperation in this matter. Should you have any questions, I may be reached at dwelte@poway.org or (858) 668 4664.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte Code Compliance Officer
28 of 48
Page 3 of 3
March 19, 2019, Item # 3.3
STEVE\' AUS, Mnyor
JOHN MULLIN. Deputy Maro,
CA YLIN PRANK, Councilmembcr
DAVE GROSCH, Councilmcmbcr
BARRY l.EON.\RD,Councilmcmbcr
CITY OF POWAY
�Sent via USPS certified mail, first class mail and posted
NOTICE AND ORDER TO ABATE NUISANCE
The City's records reveal that you own, oc cupy, possess or otherwise have an interest in the property
identified below. 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 lo 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 the
below-referenced PMC. As a result of the violationlsl, the property is deemed a public nuisance requiring abatement.
Said property is located at O Shrirra Ave. (using the address of12825 Clare Dr.), in the City of Poway.
Property Owner
DAHLIN CONDI TRUST
05-11-06
3747 EAGLE ST
SAN DIEGO, CA 92103
APN 3230920700
Tenant
BIAS, MICHAEL & DEANNA 12825 CLAIRE DR.
POWAY, CA 92064
The following violation(s) of law has or have been determined to pose a threat to the general health,
safety and welfare of the public and constitute a nuisance at the property.
VI OLATION(S) •Poway Municipal Code Section 15.02.010 & 15.02.070-Building code violations, permits
and final approval required. (Attachment 1)•Poway Municipal Code Section 15.04.010, Ch. 15.04 -Build ing Code Violation, permitsand fin.al approval required. (Attachment 1)•Poway Municipal Code Section 17.42.060 (G)(2) -Storage of vehicles not belonging to
residents of the home is unlawful. (Attachment 1)•Poway Municipal Code 17.42.070(A)-Parking areas (driveways) are for parking of
vehicles only, storage uses not allowed. (Attachment 1)•Poway Municipal Code Section 8.68.040 -Accumulation of waste materials constitutinga hazard. (Attachment 1)
•Poway Municipal Code Section 8.76.040 -Waste mater. (Attachment 1)•Poway Municipal Code Chapter 10.52, Article II • Article II -Nuisance vehicles on private
property. (Attac hment 1)•Poway Municipal Code Section 8.72.020, Ch. 8.72-Public Nuisance. (Attachment 1)•Poway Municipal Code Sectio n 17.54.020. Actions deemed nuisance (unapprovedzoning and bulldlng uses). (Attachment 1)
29 of 48
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
www.poway.org
ATTACHMENT G March 19, 2019, Item# 3.3
Notice and Order - 0 Shirra Ave. -Case #18-0044
Nov ember 15, 2018
Page 2
CORRECTIVE ACTIONS:
Building Violations:
•Obtain all required permits for attached garage conversion into bedrooms with bathroom,
breezeway conversion into game room, and kitchen remodel or, obtain permits to restore home
to original design.
•Obtain all required permits for stor age shed with shade cover and electrical in driveway or remove
unapproved structures.
•Obtain all required permits for storage shed and attached chicken coop over 120 square feet in
floor area.
•Remove all unapproved shade cover structures for stored materials and vehicles or if allowed,
obtain all required permits.
•Disconnect and cease use of all extension cords to shad e covers, trailers and detached
structures; not allowed.
•Restore all required smoke alarms to functional condition. Once completed, allow an Inspection
to confirm compliance.
Vehicle Violations:
•Vehicle storage: Storage of any motorized vehicles, non-motorized vehicles, boats or other
vessels limited to those registered to the tenants of the property (Michael Bias, Deanna Bias, Joe
Emick, and Jennifer Emick). All other vehicles not registered to tenants are required to be
removed from the property. Vehicle and vessel storage lot type act ivity is not an allowed use inRR-C Zone.
•Inoperable Vehicles: Inoperable vehicles are a public nuisance and shall be concealed from view
or stored within a lawful structure. Inoperable vehicles are not allowed In driveway. Non-compliant
storage of inoperable vehicles is subject to enforcement and abetment.
Junk and Debris:
•Green waste: Your property is located within the Very High Fire Hazard Area zone of Poway, and
Fire Department staff has noted unsafe stockpiles of combustible materials, such as mulch and
tree trimmings. Remove materials from your property and dispose of materials in a lawful manner.•Junk: Your property is located within the Very High Fire Hazard Area zone of Poway, and Fire
Department staff has noted unsafe stor age of junk, construction debris, auto parts, household
items, machinery, and materials. Additionally, storage of any items or materials associated with
tenant's plumbing/construction business is not an allowed use in a RR-C zone. Remove all stored
junk and materials from property.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters
on February 12, 2018 and May 3, 2018, in addition to other communications. Despite these Notices,
the City has Inspected your property and determined that violations continue to exist. You are hereby
ordered to take the above described corrective action within thirty (30) days from the date of this
Notice and Order.
30 of 48 March 19, 2019, Item# 3.3
Notice and Order - 0 Shirra Ave. - Case #18-0044
November 15, 2018
_Page 3
You are hereby further advised of your right to an administrative hearing on this determination 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 violation(s) listed herein are not abated within the time specified, the
City may abate the nuisance and charge you the cosVfees of the abatement, including administrative
costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof. Moreover, if the costs of
abatement are not timely reimbursed to the City, such amounts may be assessed against the property
and may be placed on the property's tax bill.
Additionally, pursuant to PMC section 1.08.01 O and 1.10.030, if the aforementioned violation(s) or
condition(s) constituting a nuisance is/are not brought into compliance in a timely manner, you could
also be subject to a charge for a separate offense for each and every day during which this/these
violation(s) is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a
receivership), a criminal action, and/or issue of administrative citations for these continuing violations.
We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue
and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciati on, or amortization
paid or incurred in the taxable year" for any property that is deemed a public nuisance. (California Health
& Safety Code§ 17980(d).) Moreover, we are hereby providing you notice that is unlawful for a lessor
to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation.
Thank you for the anticipated cooperation in this matter. Should you have questions regarding this
matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte@poway.org.
Dated: November 15, 2018
APPROVED AS TO FORM:
()1-�
Alan Fenstermacher, City Attorney
Attached:
Attachment 1 -Cited Sections of the Poway Municipal Code
31 of 48 March 19, 2019, Item # 3.3
'-
i� -�SIMONE & /\SSOCl1\TES
LANOLOROS'l,�OALCENT�R
November 21, 20 I 8
Tina While
City Manager
P.O. Box 789
-----------------***Sent via E-Mail and US Mail*** Po,vay, CA 92074-0789
twhite@poway.org
Re: DRhlin Dondi Trust 5-11-16, Owner of the Properly Located RIO ShirrR Ave.
(commonly known RS 12825 Claire Dr.), l'owRy, CA ("Premises")
Dear Ms. While:
Please be advised that I represent the Dahlin Dondi Trust dated 5-11-16 regarding the above
referenced Premises. I am in receipt of the "Notice and Order to Abate Nuisance" dated November
15, 2018 ('.'Notice"). Please direct all future correspondence regarding this mailer lo my office.
Please consider this noli°ce of my client's request for an administrative hearing. Please do not
hesitate to contact me at 619-235-6180 if you have any questions or wish to discuss this matter fun��
F · nco Simone, Esq.
32 of 48
3702 4th Avenue • San Diego, CA 92103
Telephone: 619.235.6180 • Fax: 619,235.6392www.SimoneLawJi'irm.com ATTACHMENT H March 19, 2019, Item # 3.3
511WE \' AUS, Mayor CITY OF POWAY
DA\'E GROSCI I, Dcruty Mayor
C,\YI.IN FRANK, Councilmcmbcr
BARRY LEONARD, Councilmcmbcr
JUI IN MULLIN, Councilmcmbcr
February 13, 2019
Property Owners
DAHLIN DONDI TRUST 05-11-06
DAHLIN TANYA TRUST 08-28-06
3747 EAGLE ST
SAN DIEGO CA, 92103
Subject: Notice of Scheduled Appeal Hearing for Notice and Order to Abate Nuisance; Case
No. 18-0044
Dear Property Owners,
This letter is in response to your written request for hearing submitted to the City of Poway
on November 21, 2018. Your appeal hearing has been scheduled to occur during the regular
City Council meeting on Tuesday, March 19, 2019, which will commence at 7pm. The
meeting will be held in the Council Chambers building, next to Poway City Hall, located at
13325 Civic Center Dr. Poway, CA 92064.
The hearing will be open to the public and heard before members of City Council. After the
City presents its case and chronology of events, you will have an opportunity to present a
statement in your defense, and provide information to the Council Members hearing the
appeal. After the presentations and responses have concluded, the Council Members will
render a decision on the appeal (to uphold the Notice and Order to Abate Nuisance or rescind
it). If you intend to speak to the Council Members at your hearing, please make contact with
the City Clerk staff that will be present at the meeting, and complete a Speaker Slip.
You will receive a copy of the staff report prior to the hearing. If you prefer to add any
evidence or exhibits to be included within the Staff Report, please send or provide
them to me no later than Thursday, February 28, 2019. You may fax, email, or mail any
information to be included within the Staff Report to:
City of Poway -Attn: D. Welte
PO Box 789
Poway, CA 92074-0798
dwelte@poway.org
Fax: 858-668-1260
Please be aware that your failure to attend this appeal hearing will not delay the
33 of 48
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
·www.poway.org
ATTACHMENT I March 19, 2019, Item # 3.3
hearing, and a decision may be rendered in your absence.
Should you have any questions, you may contact the assigned Code Compliance Officer,
Daniel Welte, at (858) 668-4664 or dwelte@poway.org.
Respectfully,
Daniel Welte
Code Compliance Officer
34 of 48
Page 2 of 2
March 19, 2019, Item# 3.3
�-rEVE Vt\US, Mayor
Dt\ VE GROSCI I, Deputy Mayor
C1\ YI.IN 1:RANK. Ct1uncilmcmbcr
HARH.'i' l.l�ONARD, Councilrncrnber
JOI IN MULLIN, Councilmcmbcr
February 13, 2019
� CN-PT&-PT
LUCIA RAYMOND
CITY OF POWAY
NOTICE OF VIOLATION -VEHICLE OWNER
SUBJECT: Vehicle/vessel storage violation at 0 Shirra Ave (12825 Claire Dr.). Poway, CA
92064;
APN 3230920700
Case Number: 18-0044
Dear Property Owner,
The City has been made aware of trailers or vessels registered to you that are being stored in violation
of PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2) (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of this letter:
1.Only vessels/vehicles owned by the lawful residents of the home may be stored on the property. All
others must be removed from the property. If the vehicle/vessels have been sold, please file a
release of liability or change the owner information of the vehicle title with the Department of Motor
Vehicles immediately.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, towing of the vehicle/vessels at owner expense and/or Nuisance Abatement
Proceedings and/or referral to the City Attorney.
I appr eciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte, Code'compliance Officer
Attachments: PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2)
35 of 48 March 19, 2019, Item# 3.3
Chapter 17.54
ENFORCEMENT
Section 17.54.020 Actions deemed nuisance.
Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly
approved development permit, minor development review, variance, conditional use permit, or
administrative permit, and/or this title is unlawful and a public nuisance per se and subject to abatement
in accordance with local ordinance. (Ord. 113 § 1 (Exh. A 1.6(8)), 1983)
Section 17.54.040 Violation -Penalty.
Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or
otherwise, violating any provisions of this title or violating or failing to comply with any order to regulation
made under this title, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable
as provided by Chapter 1.08 PMC. (Ord. 113 § 1 (Exh. A 1.6(0)), 1983)
Chapter 17.42
OFF-STREET PARKING
Section 17.42.060 Property development standards -Special requi rements.
Special development standards shall be as follows:
G.In any R zone except the RC and RA parking of motorized and nonrnotorized vehicles shall be
subject to the following requirements and those shown in the example below:
1.No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as shown
below except on land adjacent to the driveway or in the driveway. In all cases the surface shall be
Portland concrete cement.
2.If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, as permitted in
subsection (G)(1) of this section, they must be for the personal use of the resident.
36 of 48
Page 2 of 2
March 19, 2019, Item # 3.3
STEVE V,\US. Mayor CITY OF POWAY
DAVE GROSCI I, De puty Mayor
C,\ YI.IN FRANK, Councilmcmbcr
HARRY LEONARD, Councilmcmbcr
JOI IN MUI.LIN. Councilmcmbcr
February 13, 2019
�CAI-PT
NOTICE OF VIOLATION -VEHICLE OWNER
HUNT DEBRA LOR WEEDE WENDY A
SUBJECT: Vehicle/vessel storage violation at 0 Shirra Ave (12825 Claire Dr.). Poway, CA
92064;
APN 3230920700
Case Number: 18-0044
Dear Property Owner,
The City has been made aware of trailers or vessels registered to you that are being stored in violation
of PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2) (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of this letter:
1.Only vessels/vehicles owned by the lawful residents of the home may be stored on the property. All
others must be removed from the property. If the vehicle/vessels have been sold, please file a
release of liability or change the owner information of the vehicle title with the Department of Motor
Vehicles immediately.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, towing of the vehicle/vessels at owner expense and/or Nuisance Abatement
Proceedings and/or referral to the City Attorney. You may not receive any further notice
regarding this matter.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte, Code'compliance Officer
Attachments: PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2)
37 of 48 March 19, 2019, Item # 3.3
Chapter 17.54
ENFORCEMENT
Section 17.54.020 Actions deemed nuisance.
Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly
approved development permit, minor development review, variance, conditional use permit, or
administrative permit, and/or this title is unl awful and a public nuisance per se and subject to abatement
in accordance with local ordinance. (Ord. 113 § 1 (Exh. A 1.6(8)), 1983)
Section 17.54.040 Violation -Penalty.
Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or
otherwise, violating any provisions of this title or violating or failing to comply with any order to regulation
made under this title, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable
as provided by Chapter 1.08 PMC. (Ord. 113 § 1 (Exh. A 1.6(0)), 1983)
Chapter 17.42
OFF-STREET PARKING
Section 17.42.060 Property development standards -Special requirements.
Special development standards shall be as follows:
G.In any R zone except the RC and RA parking of motorized and nonmotorized vehicles shall be
subject to the following requirements and those shown in the example below:
1.No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as shown
below except on land adjacent to the driveway or in the driveway. In all cases the surface shall be
Portland concrete cement.
2.If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, as permitted in
subsection (G)(1) of this section, they must be for the personal use of the resident.
38 of 48
Page 2 of 2
March 19, 2019, Item # 3.3
STEVE \11\US, Mayor
D1\ VE GROSCI I, Deputy i\lay<)r
CA 'i'J,IN FR,\NK. C,111ncilmcmbcr
H,\RRY I.EON,\RD, Councilmcmbcr
JOI IN i\lULLIN, Councilmcmbcr
February 13, 2019
� CAI.-Z1
ZAWACHI ZANE
CITY OF POWAY
NOTICE OF VIOLATION -VEHICLE OWNER
SUBJECT: Vehicle/vessel storage violation at 0 Shirra Ave (12825 Claire Dr.). Poway, CA
92064;
APN 3230920700
Case Number: 18-0044
Dear Property Owner,
The City has been made aware of trailers or vessels registered to you that are being stored in violation
of PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2) (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1.Only vessels/vehicles owned by the lawful residents of the home may be stored on the property. All
others must be removed from the property. If the vehicle/vessels have been sold, please file a
release of liability or change the owner information of the vehicle title with the Department of Motor
Vehicles immediately.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, towing of the vehicle/vessels at owner expense and/or Nuisance Abatement
Proceedings and/or referral to the City Attorney. You may not receive any further notice
regarding this matter.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Daniel Welte, Code'compliance Officer
Attachments: PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2)
39 of 48 March 19, 2019, Item # 3.3
Chapter 17.54
ENFORCEMENT
Section 17.54.020 Actions deemed nuisance.
Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly
approved development permit, minor development review, variance, conditional use permit, or
administrative permit, and/or this title is unlawful and a public nuisance per se and subject to abatement
in accordance with local ordinance. (Ord. 113 § 1 (Exh. A 1.6(8)), 1983)
Section 17.54.040 Violation -Penalty.
Any per son, partnership, organization, firm or corporation, whether as principal, agent, employee or
otherwise, violating any provisions of this title or violating or failing to comply with any order to regulation
made under this title, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable
as provided by Chapter 1.08 PMC. (Ord. 113 § 1 (Exh. A 1.6(D)), 1983)
Chapter 17.42
OFF-STREET PARKING
Section 17.42.060 Property development standards -Special requirements.
Special development standards shall be as follows:
G.In any R zone except the RC and RA parking of motorized and nonmotorized vehicles shall be
subject to the following requirements and those shown in the example below:
1.No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as shown
below except on land adjacent to the driveway or in the driveway. In all cases the surface shall be
Portland concrete cement.
2.If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, as permitted in
subsection (G)(1) of this section, they must be for the personal use of the resident.
40 of 48
Page 2 of 2
March 19, 2019, Item# 3.3
STEVE. \',\US, .\tayor CITY OF POWAY
DAVE GROSCI I, Deputy Mayor
C,\ YI .IN FRANK, Councilmcmbcr
HARRY I.EON ARI), Councilmcmbcr
JOHN .\IUI.I.IN, Councilmcmhcr
February 13, 2019
� CA/-86
ROTH, DONALD S.
NOTICE OF VIOLATION -VEHICLE OWNER
SUBJECT: Vehicle/vessel storage violation at 0 Shirra Ave (12825 Claire Dr.). Poway, CA
92064;
APN 3230920700
Case Number: 18-0044
Dear Property Owner,
The City has been made aware of trailers or vessels registered to you that are being stored in violation
of PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2) (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1.Only vessels/vehicles owned by the lawful residents of the home may be stored on the property. All
others must be removed from the property. If the vehicle/vessels have been sold, please file a
release of liability or change the owner inform ation of the vehicle title with the Department of Motor
Vehicles immediately.
Failure to correct the violation(s) by the required date may result in issuance of Administrative
Citation, towing of the vehicle/vessels at owner expense and/or Nuisance Abatement
Proceedings and/or referral to the City Attorney. You may not receive any further notice
regarding this matter.
I appreciate your cooperation in resolving this matter. If you have any questions, please contact my
office at (858) 668-4664 or dwelte@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT �4 Daniel Welte, Code'compliance Officer
Attachments: PMC Section 17.54.020, 17.54.040, 17.42.060(G)(1) & (2)
41 of 48 March 19, 2019, Item# 3.3
Chapter 17.54
ENFORCEMENT
Section 17.54.020 Actions deemed nuisan ce.
Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly
approved development permit, minor development review, variance, conditional use permit, or
administrative permit, and/or this title is unlawful and a public nuisance per se and subject to abatement
in accordance with local ordinance. (Ord. 113 § 1 (Exh. A 1.6(8)), 1983)
Section 17.54.040 Violation -Penalty.
Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or
otherwise, violating any provisions of this title or violating or failing to comply with any order to regulation
made under this title, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable
as provided by Chapter 1.08 PMC. (Ord. 113 § 1 (Exh. A 1.6(0)). 1983)
Cha pter 17.42
OFF-STREET PARKING
Section 17.42.060 Property development standards -Special requirements.
Special development standards shall be as follows:
G.In any R zone except the RC and RA parking of motorized and nonmotorized vehicles shall be
subject to the following requirements and those shown in the example below:
1.No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as shown
below except on land adjacent to the driveway or in the driveway. In all cases the surface shall be
Portland concrete cement.
2.If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, as permitted in
subsection (G)(1) of this section, they must be for the personal use of the resident.
f
42 of 48
Page 2 of 2
March 19, 2019, Item# 3.3
02/07/18 by CEO D W It
02/07/18 bf EO D � It
43 of 48 ATTACHMENT J March 19, 2019, Item# 3.3
02/07/l b'(CEOD uh"
02/07 18 by EO O • ,.,
44 of 48 March 19, 2019, Item #3.3
02/11/19 by CEO D Welte
45 of 48 March 19, 2019, Item # 3.3
46 of 48
,)'(!I,., · ..
. . .. ": � : / C �" -� ,.... .
'4 .,,- • ·• , .' ,1 � ¥1' -� ..
09/14118 bvCEOD '"
. � � � . ,, ..
March 19, 2019, Item # 3.3
Sn?VE VAUS,i .yo, CITY OF POWAY
DAVE GROSCI I, Depury Mayor
CAYLIN FRANK, Councilmcmber
HARRY LEONARD, Councilmember
JOI IN MULLIN, Couneilmember
CASE CHRONOLOGY
APN: 3230920700 CASE NUMBER: 18-0044
DATE PREPARED: February 12, 2019
VIOLATION ADDRESS: 12825 Claire Dr. (0 Shirra Ave.)
PROPERTY OWNER AND ADDRESS: Dahlin Dondi Trust 05-11-06 3747 Eagle
St. San Diego, CA 92103
PMC VIOLATION(S) EXISTING TO THIS DATE: Sections 15.02.010, 15.02.070,
15.04.010, 15.08.010, 17.42.060 (G)(2), 17.42.070(A), 6.86.040, 8.76.040,
17.54.020, 8.60.430, and Chapter 8.72 and 10.52
DATE
INVESTIGATION
PMC SECTIONS
WITNESS
CHRONOLOGY
VIOLATED
Site visit with T. Johnson, A.
15.02.010, 15.02.070,
Lo erena and Sheriff Sheriff
p (
15.04.010, 17.42.060 (G)(2),
17.az.oso (G)(2),
D. Welte
2/7/18
servedwarrant), inspection and
17.42.070(A),
8.44.130(A)(3),
T. Johnson
photos. Noted numerous
8.44.130(B). 6.86.040.
A. Lo erena
P
violations. Refer to summary of
8.76.040, 020,
8.60.430, anndd Ch. 8.72
violations in Section 5.
and 10.52
2/12/18
1 st Notice of Violation issued.
D. Welte
15.02.010, 15.02.070,
15.04.010, 15.08.010,
inspection, violations
17.42.060 (G)(2),Site
17.42.070(A).
5/2/18
ongoing. No permits under
8.44.130(A)(3),
D. Welte
review.
8.44.130(6). 6.86.040,
8.76.040, 17.54.020,
8.60.430, and Ch. 8.72
and 10.52
15.02.010, 15.02.070,
15.04.010, 15.08.010,
17.42.060 (G)(2),
17.42.070(A),
5/3/18
2nd Notice of Violation issued.
8.4°.13°(")(3),
D. welte
8.44.130(6), 6.86.040,
8.76.040, 17.54.020,
8.60.430, and Ch. 8.72
and 10.52
9/14/18
Site ins ection and hotos.
P P
15.02.010, 15.02.070
D. Welte
15.04.010, 15.08.010,
47 of 48
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
Page 1 of
www.tlowa .org
ATTACHMENT K March 19, 2019, Item # 3,�
9/14/18 Occupied RV removed, some
(Continued) vehicles removed, but other
violations continue. No permits
under review for buildings or
home additions/conversions.
No permits under review for
11/15/18 building code violations. Issued
Notice and Order.
Received written request to 11/21/18 appeal Notice and Order.
11/28/18 Site inspection and photos,
violations ongoing.
Site inspection and photos,
violations ongoing. No permits 02/11/19 for building code violations are
issued or under review.
Mailed Notices of Scheduled
2/13/19 Appeal Hearing to the property
owner and her attorney.
Mailed letters to registered
owners of vehicles observed on
2/13/19 property that do were not
registered to the tenants or
property owner.
48 of 48
17.42.060 (G)(2),
17.42.070(A), 8.44.130(6),
6.86.040, 8. 76.040,
17.54.020, 8.60.430, and
Ch. 8. 72 and 10.52
15.02.010, 15.02.070,
15.04.010, 15.08.010,
17.42.060 (G)(2),
17.42.070(A), 8.44.130(6), D.Welte
6.86.040, 8. 76.040,
17.54.020, 8.60.430, and
Ch. 8. 72 and 10.52
D.Welte
R.Manis
D.De Vries
15.02.010, 15.02.070,
15.04.010, 15.08.010,
17.42.060 (G)(2), D.Welte17.42.070(A), 8.44.130(6),
6.86.040, 8. 76.040,
17.54.020, 8.60.430, and
Ch. 8.72 and 10.52
15.02.010, 15.02.070,
15.04.010, 15.08.010,
17.42.060 (G)(2), D.Welte17.42.070(A), 8.44.130(6), T.Johnson6.86.040, 8. 76.040,
17.54.020, 8.60.430, and
Ch. 8.72 and 10.52
D.Welte
17.42.060 (G)(2),
17.54.020, Ch. 8.72 and D.Welte
10.52
Page 2 of 2
March 19, 2019, Item #3.3