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Item 3.1 - Reso. Declaring Property at 13990 Humo Dr. Constitutes a "Public Nuisance"G��Y OF WAY City of Poway COUNCIL AGENDA REPORT Cm W THE �QJ DATE: February 5, 2019 TO: Honorable Mayor and Members of the City CouncA FROM: Robert Manis, Director of Development Services PA CONTACT: Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org APPROVED 0 APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. .b>t SUBJECT: Resolution declaring that the Property at 13990 Humo Drive Constitutes a "Public Nuisance" and Ordering the Property Owners 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 storage of commercial and industrial products and materials, the accumulation of junk, and the parking and storage of commercial vehicles at 13990 Humo Drive (APN: 321-132-06) should be declared a "public nuisance' and whether the property owners should be ordered to correct these violations. The owners of the property are Joe Castle and Cynthia Castle. Should the City Council order that these violations be removed, and if the property owners fail to do so in the time allotted, then the City will complete the work and place a lien on the property or record a special assessment for all costs and fees associated with securing compliance with the applicable codes. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding that the conditions on the property constitute a public nuisance and declaring that the City abate the nuisance if the property owners fail to timely remedy the public nuisance conditions. Discussion: In August 2017, the City started receiving complaints about the accumulation of junk and the parking of commercial vehicles (semi -trucks and trailers) at 13990 Humo Drive. Upon inspection of the property, it was discovered that a large amount of debris and commercial/industrial products and materials were being stored at the property and several large commercial trucks and trailers were parked in violation of the City's regulations. Sections 8.80.020 and 8.80.030 of the Poway Municipal Code (PMC) prohibit the accumulation of junk. The commercial and industrial related uses of the property, including the storage of products and materials, are in violation of Sections 17.54.020 and 17.54.040 of the PMC. Section 17.08.230 prohibits the parking of semi -trucks, trailers, and other heavy-duty commercial vehicles on a residential lot for more than eight hours. An aerial/site location map of the property is included as Attachment B. In addition to the accumulation of junk and the storage of commercial/industrial products and materials, there are several vehicles (cars and trucks) also stored on the property. It is not known if all of the vehicles are operable and registered to the property owners. A majority of the storage occurs in the back yard of the residence. However, the backyard is adjacent to Tierra Bonita Road and visible from several vantage points along the right-of-way. A chain link fence with 1 of 44 February 5, 2019, Item # 3. Public Nuisance Hearing — 13990 Humo Drive • February 5, 2019 Page 2 privacy slats was erected along the Tierra Bonita side of the rear yard, but the rear yard is still visible from the north and south, beyond the ends of the fence. Additionally, several of the non- permitted commercial vehicles are stored in the front and street side yards, in violation of Section 17.42.060(G). It should be noted that in 2006 and 2013, the City received similar complaints and opened Code Compliance Cases regarding accumulation of junk, business related storage and storage of commercial vehicles. In July 2010, the property owner built the chain link fence previously mentioned. In 2014, it was noted that the junk and vehicles in the front yard had been relocated to the backyard and were adequately screened by the fence. Since that time, the amount of storage and the number of vehicles has increased, resulting in renewed complaints from several neighbors. Regarding the junk accumulation, the PMC (Section 8.80.030(B)) states that no person shall • accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with all of the six regulations stated in that section. 1. The accumulation shall be stored either in sturdy, vermin proof closed containers, or on platforms elevated not less than 18 inches above the ground. A vast majority of the junk is stored on the ground and not in sturdy containers. Some of the junk is covered with tarps, but this is not considered vermin proof. 2. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests. Because most of the junk is stored in the open air, it could harbor rodents or vermin. Some of the complaints received by the City mention concerns for a rodent problem given the nature and amount of junk accumulation. 3. The accumulation shall not be strewn about or maintained in an unsightly condition. The junk accumulation is strewn about the back yard and not kept in an orderly fashion. It is unsightly and visible from the public right-of-way. 4. The accumulation shall be maintained so as not to constitute a fire hazard. This property is located within the High Fire Hazard Area of the City. The Fire Department has concluded that the accumulation of junk creates a fire hazard to the property occupants, neighborhood and to responding firefighters in the event of an emergency incident. 5. The accumulation, if not contained in metal or opaque containers, shall be kept in an area enclosed by a lawfully constructed opaque fence or wall at least two feet higher than the accumulation or, alternatively, said accumulation shall be completely covered with canvas, a tarpaulin, opaque plastic or some like material. The existing chain link fence with slats is not adequate to screen the accumulation of junk. It is built in a straight line along Tierra Bonita Road. Because it does not completely enclose the rear yard, it allows visibility from Tierra Bonita Road into the rear yard at the north and south ends of the fence. As previously mentioned, only a portion of the junk is covered with tarps. 2 of 44 February 5, 2019, Item # 3• Public Nuisance Hearing — 13990 Humo Drive February 5, 2019 Page 3 6. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare. As previously mentioned, ;he accumulation of junk constitutes a fire hazard and potential shelter for vermin and rodents. On August 3, 2017, a new Code Compliance Case was opened when the City started receiving new complaints about the property. The City issued the property owners four Notices of Violation, two Notice and Orders to Abate, and four Administrative Citations from August 2017 to May 2018. The four Administrative Citations included fines in the amounts of$100, $200, $500, and $1,000, respectively, as prescribed by the PMC. Two of the Notices of Violation were issued in August and September of 2017 for the junk accumulations and parking of commercial vehicles. Two additional Notices of Violation were issued in April 2018, after it was discovered that commercial and industrial products and materials were also being stored at the property, constituting a commercial related use of the property in violation of Sections 17.54.020 and 17.54.040 of the PMC. In discussions with the property owner, he indicated that much of the commercial items were purchased from businesses and he intends to re-sell the products as is or dismantle them to sell the salvaged parts. Additionally, a fleet of commercial vehicles is being stored at the property. A summary of the case history and documents associated with the code enforcement of this case are included as Attachment C. On December 19, 2018, the City Attorney's Office sent the owners a Notice of Violation citing the outstanding violations, demanding that the owners timely correct the violations, and providing the owners a notice to appear before the Poway City Council at the February 5, 2019 City Council meeting where the City Council would consider whether to declare the property a public nuisance (Attachment D). The property owners have not taken the required steps to correct the violations. Photos of the junk accumulation, parked/stored vehicles and semi-trucks and trailers, and stored commercial/industrial products are provided as Attachment E. If the City Council finds that the conditions on the property constitute a public nuisance, the City will — after the City both provides the owners the required legal notice and secures an inspection and abatement warrant — abate the violations by removing all the junk, parked/stored vehicles and semi-trucks and trailers, and stored commercial/industrial products. All costs and fees of the abatement will be kept and itemized and, if the owners refuse or fail 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 the City's costs and fees. 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: All costs/fees of the abatement, plus an administrative fee, will be assessed to the property owners via a lien and/or a special assessment. 3 of 44 February 5, 2019, Item # 3. 1 Public Nuisance Hearing — 13990 Humo Drive February 5, 2019 Page 4 Public Notification: Public notice was published in the Poway News Chieftain on January 24, 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 B. Aerial/Site Location Map • C. Case History Summary and code enforcement documents D. December 19, 2018 letter from City Attorney E. Photographs Reviewed/Approved By: Reviewed By: Approved By: 344/tinl Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 4 of 44 February 5, 2019, Item # 3. RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 13990 HUMO DRIVE, POWAY, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, inspections of the premises at 13990 Humo Drive, Poway, California, with Assessor Parcel Number 321-132-06 ("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, specifically, City personnel have observed violations of Section 8.80.030 of the Poway Municipal Code by maintaining or permitting an accumulation of junk on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes; WHEREAS, City personnel have also observed a violation of Section 17.08.230 of the Poway Municipal Code by parking commercial vehicles on a residential lot for more than eight hours; WHEREAS, furthermore, City personnel have observed a violation of Sections 17.54.020 and 17.54.040 of the Poway Municipal Code by using the residential property for commercial and industrial related uses, including the storage of products and materials; WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the Property owners, including by issuing violation notices on August 16, 2017, September 1, 2017, April 17, 2018, and April 27, 2018, issuing Notice and Orders to Abate Nuisance on November 19, 2017 and May 14, 2018, issuing administrative citations on January 19, 2018, February 16, 2018, April 27, 2018, and May 16, 2018, and finally by way of a letter from the City Attorney's Office dated December 19, 2018 demanding compliance; WHEREAS, the Property owners have been non-responsive to the City's efforts to informally resolve this matter; WHEREAS, Section 8.72.020 of the Poway Municipal Code defines a nuisance as follows: 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. 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;" 5 of 44 ATTACHMENT A February 5, 2019, Item # 3• Resolution No. P-19- Page 2 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 February 5, 2019, 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 public nuisances. 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 forgoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares that the following conditions on the Property each present a danger to the health, property, safety, and welfare of the public and therefore constitute a public nuisance as defined in California Civil Code Sections 3480 and the Poway Municipal Code: (1) maintaining or permitting an accumulation of junk and/or inoperable vehicles on a lot used for residential purposes; (2) parking/storing commercial vehicles on a residential lot for more than eight hours; and (3) using the residential property for commercial and industrial related uses. Section 3. The City Council orders the owners of the Property to abate the nuisances within thirty (30) days by (i) removing any accumulation of "junk" (as that term is defined by Poway Municipal Code Section 8.80.010(c)) and any inoperable vehicle from public view in compliance with Poway Municipal Code Chapter 8.80; (ii) removing commercial vehicles from the property pursuant to Poway Municipal Code Section 17.08.230; and (iii) removing the commercial and industrial products and materials from the property pursuant to Poway Municipal Code Sections 17.54.020 and 17.54.040. 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 4. A copy of this resolution of the City Council ordering the abatement of the nuisances 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 and at his or her own expense, provided the same is completed prior to the expiration of the thirty-day period. Section 5. If the nuisances are not completely abated by the owners as directed within the thirty-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 and fees of the abatement, including administrative costs. Section 6. 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 fees 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 6 of 44 February 5, 2019, Item # 3. 1 Resolution No. P-19- Paga 3 the report by motion or resolution. Pursuant Government Code Sections 38773 and 38773.5 of the Government Code, the total cost, fees, and expenses of abatement, including all administrative costs, shall constitute a lien or a special assessment against that parcel and shall be collected in accordance with applicable State and City laws. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting held on the 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) • ) SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19- was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: A. Kay Vinson, Interim City Clerk City of Poway 7 of 44 February 5, 2019, Item #3• ' 13928 �1.~ • .. ' - r GI 14022 x 14031 \ N' " .\ 13958 \ % a . t _ •14025 r ■ ■ / gi -, 4,'"Irl i - i h¢ ` ,• r tr.1 IF • 14017). - 1111.1\44 .., • 10 • ,4 4. --, if.. ..:.• --4 ,- 4i. 1114111 .i- 4 ;, r i + v. °a • .. +- Lia M 1 1- 3w w i1',-'t, _ • r r ,+ 13968 1.3990 i i _ . i,..„ . ,_ . 4,,,• 2117 Humo % _:+-. -7-441,,--1- 7 . ' fl‘- • :3826 li 1'39.715 . r 'L 13853 I ll . • t f r • L a .• ''. - • ,, ..,, ,0„,..,4 . . ,... ♦ 1 ( '� 4 l 1 - -.41,,,,, .• i : . 11+tl i .1 •F.. # 11, 421.16, - . 111118111turitiLik I"• II:'. . .... : itr yips \-, , . • . IP --. - di Map Provided by the City of Poway D.,..„, Print Date: Map Scale: 1/17/2019 1 inch = 132 feet +-Wow:Alp anO parcel bora•re b0Ncre0 to be accurate,but accuracy 0 not iluarantoecr TN5 0 not a kQ4 Document•'... • e wbozInAe0 M•MO se•rck asprrs•r.storm or Ur swung rerO 00000 8 of 44 ATTACHMENT B February 5, 2019, Item # I, STEVE VAUS.player CITY OF POWAY 7"G-of 'O qy JOHN MUI.LIN,Deputy Mayor JIM CUNNINGH:W I,CouncilnTcmbcr DA\'I.'GROSCI 1,Councilmember BARRY LEONARD,Councilmcmlxr \�'eJ •.�,,, ,•� THE 99-- CASE CHRONOLOGY APN: 321-132-06-00 CASE NUMBER: 17-0469 DATE PREPARED: November 29, 2018 VIOLATION ADDRESS: 13990 Humo Dr. PROPERTY OWNER AND ADDRESS: Joe and Cynthia L. Castle 13990 Humo Dr. Poway, CA 92064. PMC VIOLATION(S) EXISTING TO THIS DATE: 17.28.010, 17.54.020,17.54.040, 8.80.020(B), 17.08.230(E), 17.42.060(G)(2) & Ch. 8.72 & 10.52 DATE INVESTIGATION REPORT PMC WITNESS 8/3/17 Received complaint; opened case. 17.28.010,6.80.020(8), D. Welte 17.08.230(E), 17.42.060(6)(2), & Ch. 6.72& 10.52 8/8/17 Site visit. D. Welte 8/16/17 151 Notice of Violation. 17.28.010,8.80.020(8). D. Welte 17.08.230(E), 17.42.060(G)(2),& Ch.8.72& 10.52 9/1/17 Site re-inspection, violations ongoing. D. Welte 9/1/17 2nd Notice of Violation 17.28.010,8,80.02003). D. Welte 17.08.230(E). 17.42.060(6)(2),& Ch.8.72& 10.52 9/12/17 Phone contact with property owner, D. C. Wishert Welte is away due to injury. Welte will contact owner upon his return. 9/25/17 Phone contact with property owner. Owner D. Welte stated he will be occupied on other matters until October 11, 2017. Staff agreed to contact him after that date. 10/24/17 Phone call to property owner. No answer, D. Welte left voice message. 11/7/17 Site re-inspection, violations ongoing. C. Wished 11/9/17 Notice and Order 17.28.010, 8.80.020(8), D. Welte 17.08.230(E), 17:42.080(G)(2),& Ch.8.72& 10.52 11/30/17 Phone contact with owner. Owner was D. Welte asked to make or show visible progress by 12/15/17. Ciry Hall Located at 13325 Civic Center Drive \ Mailing Address: P.O. Box 789, Poway, California 92074-0789 •9 of 44 t4WW4''OHMEN;T C February 5, 2019, Item )° 12/12/17 Site re-inspection, violations ongoing. D. Welte C. Wished 12/21/17 Site re-inspection, violations ongoing. D. Welte C. Wished 12/22/17 Sent letter to property owner correcting D. Welte case number typographic error on Notice and Order mailed to him on 11/9/17. 1/19/18 151 citation issued (for violations observed 17.28.010,8.80.020(8), D. Welte 17.08.230(E), on 12/21/18). 1742.060(6)(2), & Ch. 8.72& 10.52 2/13/18 Site re-inspection, violations ongoing. D. Welte 2/14/18 Emailed photos to J. Canavan, 8.80.020(B) D. Welte accumulation poses threat to surrounding J. Canavan homes and hampers fire suppression on the property. 2/16/18 2N0 citation issued. 17.28.010,8.80.020(8), D. Welte 17.08.230(E). 17.42.060(G)(2), & Ch. 8.72& 10.52 2/21/18 Received letter from property owner R. Manis addressed to R. Manis. D. Welte 4/11/18 Response letter to property owner. D. Welte 4/17/18 151 Notice of Violation — adding additional, 17.54.020 D. Welte applicable PMC code sections to ongoing 17.544.040 violations. 4/26/18 Site re-inspection, violations on going. D. Welte 4/27/18 2nd Notice of Violation — adding additional, 17.5544.020 D. Welte applicable PMC code sections to ongoing 7.544.0440 violations. 4/27/18 3rd citation issued. 17.28.010.8.80.020(8), D. Welte 17.08.230(E), 17.42.060(G)(2), & Ch. 8.72& 10.52 5/14/18 Notice and Order 17.54.020 D. Welte 17.54.040 5/15/18 Site re-inspection, violations ongoing. D. Welte 5/16/18 4T" citation issued. 17.28.010,8.80.020(8), D. Welte 17.08.230(E), 17,42.060(G)(2), & Ch, 8.72& 10.52 7/2/18 Meeting with property owner. D. Welte R. Manis 8/1/18 Letter to property owner, 60 day deadline to remove violations. 10/1/18 Site re-inspection, violations ongoing. D. Welte 11/19/18 Site re-inspection, violations ongoing. D. Welte 1 12/19/18 City Attorney issued a final notice to 17.28.010,8.80.020(8), D. Welte 17.08.230(E), R. Manis property owner. 17,42.060(G)(2), 17.54.020 17.54.040,Ch.8.72&ch. City Attorney 10.52 P10 of 44 February 5, 2019, Itemawc of 2 SIEVE VAUS,Mayor CITY OF POWAY 1 BARRY LEONARD,Deputy Mayor JIM CUNNINGI IAM,Coundlmember DAVE GROSCU,Coundlmember JOHN MULLIN,Coundlmembcr 'e \�!rY M THE cc)" August 16, 2017 Notice of Violation Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at 13990 Humo Dr. (APN 3211320600); Case No.17-0469 Dear Property Owner, It has come to the attention of the City of Poway that the following violations of the Poway Municipal Code (PMC) exist on your property: 1. Home Occupation Regulations, PMC Section 17.28.010 — Home occupation permit (HOP) required for business (Joe Castle Company) in RR-C zone. 2. Junk Accumulation Regulations, PMC Section 8.80.020(B). 3. Commercial Vehicles in Residential Zones, PMC Section 17.08.230(E). 4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). 5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 You are required to complete the following corrective measures within ten (10) days from the date of this notice: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the Page 1 o12 11 of 44 February 5, 2019, Item # 3. property and must be removed. If they are owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicles to remain on the property. 5. Storage of vehicles on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Failure to correct the violations by the required date may result in issuance of Administrative Citation, double permit fees, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. fy Thank you for your cooperation in this matter. If you have any questions, I may be reached at (858) 668-4664 or dwelte anpoway.orq. Sincerely, DEVELOPMENT SERVICES DEPARTMENT r a&WeIteCoe.CompIiance Officer • 12 of 44 February 5, 2019, Item # 3• sr� EVEVAUS,Mayor CITY OF POWAY ��� ,w BARRY LEONARD,Deputy Mayor G� I)- JIM CUNNINGHAM,Councibnember DAVE GROSCH,Councilmember / JOHN MULLIN,Councilmen-thee -se�e4c,{ city INTME September 1, 2017 -- � SECOND NOTICE OF VIOLATION Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at 13990 Humo Dr. (APN 3211320600); Case No.17-0469 Dear Properly Owner, It has come to the attention of the City of Poway that the following violations of the Poway Municipal Code (PMC) exist on your property: 1. Home Occupation Regulations, PMC Section 17.28.010 — Home occupation permit (HOP) required for business (Joe Castle Company) in RR-C zone. 2. Junk Accumulation Regulations, PMC Section 8.80.020(B). 3. Commercial Vehicles in Residential Zones, PMC Section 17.08.230(E). 4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). 5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 You are required to complete the following corrective measures within ten (10) days from the date of this notice: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials,debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the Pagel- of-2 13 of 44 February 5, 2019, Item # 3. 11 property and must be removed. If they are owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicles to remain on the property. 5. Storage of vehicles on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Failure to correct the violations by the required date may result in issuance of Administrative Citation, double permit fees, 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. If you have any questions, I may be reached at (858) 668-4664 or dweltepoway.orq. Sincerely, DEVELOPMENT SERVICES DEPARTMENT aniel Welte, Cotte Compliance Officer { t 14 of 44 February 5, 2019, Item # 3. IS EVBVAUS,Mayor CITY OF POWAY D BARRY LEONARD,Deputy Mayor JIM CUNNINGHAM,Councibnember DAVE G ROSCH,Councibnember JOHN MULLIN,Councilmember T'Ye ; ' t—'u n+e co" 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 regulations limiting vehicle and material storage in a residential zone. As a result of these violations, the property is deemed a public nuisance requiring abatement. Said property is located at 13990 Humo Dr., in the City of Poway. CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Assessor's Parcel Number 3211320600 Case # 17-0087 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: • Home Occupation Regulations, PMC Section 17.28.010 — Home occupation permit(HOP) required for business (Joe Castle Company) in RR-C zone. • Junk Accumulation Regulations, PMC Section 8.80.020(B). • Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E). • Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 CORRECTIVE ACTIONS: • Property owner must complete the following corrective measures within ten (10) days from the date of this Notice and Order: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive 15 of 44 February 5, 2019, Item # . Notice and Order—Castle November 9, 2017 Page 2 items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on August 16, 2017 and September 1, 2017 (Attachment 1). The past Notices of Violations sent to you informed you of your responsibility to correct the violations that exists on the property and that 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 informed you that it is responsible for enforcing all provisions of Title 8, 10 and 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 Sections of Poway Municipal Code (PMC) cited above (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. 16 of 44 February 5, 2019, Item #3. Notice and Order—Castle November 9, 2017 Page 3 Dated: Novemeber 9, 2017 CITY OF By 6� Robe . Manis, recto Dev opment Services APPRIVED AS TO FORM: //yyt Morgaley, ci dyA orney Attached: 1. Past Notice of Violation Letters 2. PMC Chapter 10.52 and 8.72, Sections 17.08.230(E), 17.28.010, 17.42.060(G)(2) 8.80.020(B) L 17 of 44 February 5, 2019, Item #,3, IE\'E VAUS,Mayor CITY OF F POWAY OF pa JOHN MULLIN,Deputy Mayor 76> W1)- JIM C U NN I NG FIA M.Councilmcmbcr GROSCI 1,Councilinember fiARRT LEONARD.Councilmcmbcr \'3F ,� .1,set C/ry IN THE Gds December 22, 2017 Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Subject: Correction of previous correspondence; Case No. 17-0469 Dear Property Owner, A review of the case file revealed a typographical error on the Notice and Order to Abate Nuisance sent to you on November 9, 2017. The case number was indicated as, "17-0087." The correct case number is 17-0469. Despite the error noted above, the property address information, assessor parcel number (APN), property owner information and cited Sections/Chapters of the Poway Municipal Code (PMC) are depicted correctly. Therefore, the necessary corrective measures to remove these violations are still in effect. If you have any questions, I may be reached at (858) 668-4664 or dwelte@poway.orq. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Daniel Welte • - Code Compliance Officer City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 WWW.poway.o rg 18 of 44 February 5, 2019, Item # 3. 1 /STEVE VAUS,Mayor CITY OF POWAY JOHN MULLIN,Deputy Mayor C 9Y JIM CUNNING]IAM,Councilmember 1 r DAVE G ROSCH,Councilmember �"� ,! BARRY LEONARD,Councilmember � ' w ThE eet) *Sent via Personal Service, USPS Certified Mail,first class mail or posted at property. January 19, 2018 CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: 1•' Administrative Citation Violation of Poway Municipal Code 13990 Humo Dr. Poway, CA 92064 Assessor's Parcel Number 3211320600 Case# 17-0469 Dear Property Owner, On November 9, 2017, you were sent a Notice and Order to Abate Nuisance (Attachment 1) requiring you to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all business related activity or, obtain a Home Occupation Permit (HOP) and abide by HOP regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72 (Attachment 2). The Notice and Order detailed the violation that continues to exist on the property and included Notice of Violations that have been previously sent to you (Attachment 3). In addition, you were provided an opportunity to appeal the Notice and Order. The City did not receive an appeal from you. Compliance has not been met and the violation still exists on the property. Said Notice and Order provided ten (10) days for compliance and outlined potential penalties for non-compliance including: • Civil action by the City seeking remedies under state and federal law; • Abatement of violation(s) by the City at your expense; and • Issuance of citations under the City's Administrative Citation process; • Monetary penalties for a separate offense for each and every day the violation continues; • Securing of the City's expenses and penalties by assessment and lien on the property Because your property continues to be in violation of(PMC) Sections 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you have failed to comply with the Notice and Order given to you, which constitutes an infraction and is, therefore, subject to the provisions of PMC Chapter 1.08, General Penalty. In addition, the violation related to unlawful storage of vehicles and materials have been deemed a public nuisance and may be abated by the City of Poway, at your expense, and that each day the conditions continue to exist may be regarded as a new and separate offense. 1 Ciry Flail Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 920740789 www.poway.org 19 of 44 February 5, 2019, Item #3.1t Administrative Citation—Castle: Case# 17-0469 Page 2 To address the violation and failure to comply with the Notice and Order, the City is hereby serving you a civil fine through an Administrative Citation (Attachment 4) pursuant to PMC Section 1.10. The Administrative Citation will impose a fine of$100.00 for the first citation payable within 15 days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be increased per PMC 1.10.030(D). If the violation(s) continue, they constitute a separate offense with separate fines for each day the violation(s) continues to exist. The Administrative Citation being served is as follows: Administrative Citation (Citation #0598) with a penalty amount of $100.00 for violation of the PMC Sections and Chapters listed below: • Home Occupation Regulations, PMC Section 17.28.010— Home occupation permit(HOP) required for business (Joe Castle Company) in RR-C zone. • Junk Accumulation Regulations, PMC Section 8.80.020(B). • Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E). • Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 Date and Time of Violation: December 21, 2017 at 11:18 am Date of Administrative Citation: January 19, 2018 In order to correct these violations and comply with the PMC Sections 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to complete the following corrective measures within 15 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling.All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Form 20 of 44 February 5, 2019, Item # 3,1 Administrative Citation—Castle;Case# 17-0469 Page 3 I( (Attachment 5) filed with the City of Poway City Clerk within a period of 15 days from the date of this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn affidavit together with documentation demonstrating to the satisfaction of the City Manager the person's actual financial inability to deposit the amount of the fine in advance of the hearing. If the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of the date of the letter. The determination of the City Manager shall be final and shall not be subject to appeal or judicial review. Payment of the fine is due within fifteen (15)days from the correction date of the citation. Payment of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent further action by the City. Failure to pay the fine on the required date may result in a 50 percent penalty being imposed in addition to the original fine amount. `J Failure to correct the violation(s) and pay fines pursuant to this Administrative Citation will result in additional enforcement action by the City, which may result in additional administrative fines leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the property, criminal prosecution and/or civil action and injunction with the Superior Court. Thank you for your anticipated cooperation in this matter. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte@poway.org 477 CIF POWAY / ert J. ini , Director of Developme ervices Attachments: 1. Notice and Order to Abate Nuisance 2. PMC Sections 8.80.020(8), 17.08.230(E), 17.42.060(G)(2),Chapter 10.52 and 8.72 3. Past Correspondence 4. Administrative Citation#0598 5. Notice of Appeal/Request for Hearing/Administrative Citation Authority i • 21 of 44 February 5, 2019, Item # 3. jF do • i•Le/4. 0598 ADMINISTRATIVE CITATION /:11t <? p ) . CITY OF POWAY Citation No. � I r' • o� N E �� DEVELOPMENT SERVICES l A CODE COMPLIANCE (7 --0' ' "'q 13325 Civic Center Drive Poway, CA 92064 (858) 668-4668 • APO .3 -. 1. 1 3026 GO° Date of Issuance()( / I c'/ (( K' // Violation Address/Location 1371° A4 M0 Die,, POUR-y/- ��iCA g Responsible Party 6"5772-C TO E R 4- C(• I" TNA L 1st CITATION 100.00 AY WITHIN 15 DAYS [ ] 2ND CITATION $ BOO. PAY WITHIN 15 DAYS [ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS [ ] 4TH CITATION $1000.00 PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS • CITATION. IF THE VIOLATION(S) IS CORRECTED BEFORE THE DATE PROVIDED ON THE CITATION NO FINE� SHALL BE PAYABLE(coo below). 1) Z9 0(U - Hoe f/sacArsor- 2) p, go. OZC(g) - Tall a) ? f3, 230(E� - COMME(LCSAL Vr SCL DESCRIPTION OF VIOLATION((I(S rt! Io.Sa 4 1?,z1 - Nuzc rat,rlM$xc riniviAhC [ ] Prohibited Signs(PMC 17.40.100) 5) I] . ¢� , 06. (>(a-) — V 1 r GL(s f or) (ZC�1'.t lJ�K-1 PRen5-SITNi, Junk,trash and debris on property (PMC 8.800330} 02-0(&) [ ] Weeds andfor grasses on property(PMC 8.76.030) [ ] operable Vehicle(s)(PMC 10.52.050) ye/ Vehicle(s)parked-on-yard(PMC 17.42.060(6n-1} ai)O-) [ ] N.P.D.E.S. Storm Water Management (PMC 13.09) [ ] Construction without permit(PMC 15.04) [ ] Graffiti on premises (PMC 9.56.020—graffiti shall be removed within 10 days) [ ] Noise Abatement(PMC 8.80.010) rr II'' CORRECTIVE ACTION REQUESTED: J E LCEt ttR 'Than, - C U MQ LY Curr ill ,9-(.r. CORPS c crV I: MEAA.f'u ley LZnttrD -Th' 4t'M/W . erri}. 7-Sor' CS-T ra. CORRECTIVE ACTION TO BE COMPLETED BY 013105/ 'fp DATE SIGNATURE OF PERSON CITED: Refus,d to sign[ ] SIGNATURE OF OFFICER: DATE: /7/q[/(p Violation(s) Cleared as of Inspected by WHITE(Violation Copy) CANARY (Officer Copy) ATTACHMENT . 2/07 22 of 44 February 5, 2019, Item # 3. 1 /STEVE VAUS.Mayor CITY OF POWAY ,., ."0, JOHN MULLIN,Deputy Mayor JIM CUNNI NGI IAM,Counmember DAVE GROSCH,Councilmembernly BARRY LEONARD,Councilmcmbcr �' +� a• p ��' M THE G°V? / February 16, 2018 _ CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: rd Administrative Citation Violation of Poway Municipal Code 13990 Humo Dr. Poway, CA 92064 Assessor's Parcel Number 3211320600 • Case # 17-0469 Dear Property Owner, On January 19, 2018, you were sent an Administrative Citation Letter with Citation #0598 (Attachment 1) to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all business related activity or, obtain a Home Occupation Permit (HOP) and abide by HOP regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72 (Attachment 2). (Attachment 2). The Administrative Citation Letter detailed the violation that continues to exist on the property. In addition, you were provided an opportunity to appeal the citation. The City did not receive an appeal from you. Compliance has not been met and the violation still exists on the property. Said citation provided fifteen (15) days for compliance and outlined potential penalties for non-compliance including: • Civil action by the City seeking remedies under state and federal law; • Abatement of violation(s) by the City at your expense; and • Issuance of citations under the City's Administrative Citation process; • Monetary penalties for a separate offense for each and every day the violation continues; • Securing of the City's expenses and penalties by assessment and lien on the property Because your properly continues to be in violation of (PMC) Section 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you have failed to comply with the Administrative Citation given to you, which constitutes an infraction and is, therefore, subject to the provisions of PMC Chapter 1.08, General Penalty. In addition, the violation related vehicles and junk/storage of materials has been deemed a public nuisance and may be abated by the City of Poway, at your expense, and that each day the conditions continue to exist may be regarded as a new and separate offense. To address the violation and failure to comply with the Administrative Citation, the City is hereby • serving you a civil fine through an Administrative Citation (Attachment 3) pursuant to PMC Section 1.10. The Administrative Citation will impose a fine of $200.00 for the second citation payable within 15 days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 •age o www.poway.org 23 of 44 February 5, 2019, Item # 3. 1 increased per PMC 1.10.030(D). If the violation(s) continue, they constitute a separate offense with separate fines for each day the violation(s) continues to exist. The Administrative Citation being served is as follows: Administrative Citation (Citation #0605) with a penalty amount of$200.00 for violation of PMC Sections: • Junk Accumulation Regulations, PMC Section 8.80.020(6). • Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E). • Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 Date and Time of Violation: February 13, 2018 at 3:00PM • Date of Administrative Citation: February 16, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following corrective measures within 15 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling.All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Form (Attachment 4) filed with the City of Poway City Clerk within a period of 15 days from the date of this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn affidavit together with documentation demonstrating to the satisfaction of the City Manager the person's actual financial inability to deposit the amount of the fine in advance of the hearing. If the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of the date of the letter. The determination of the City Manager shall be final and shall not be subject to appeal or judicial review. Page 2 of 3 24 of 44 February 5, 2019, Item # 3, Payment of the fine is due within fifteen (15)days from the correction date of the citation. Payment of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent further action by the City. Failure to pay the fine on or before the required date may result in a 50 percent penalty be imposed in addition to the original fine amount. Failure to correct the violation(s) and pay fines pursuant to this Administrative Citation will result in additional enforcement action by the City, which may result in additional administrative fines leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the property, criminal prosecution and/or civil action and injunction with the Superior Court. Thank you for your anticipated cooperation in this matter. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte@poway.org E Cl OF POWAY • bete, Director of Developme :•rvices Attachments: 1. Administrative Citation Letter and Citation #0598 2. PMC 8 Section 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72. 3. Second Administrative Citation #0605 4. Notice of Appeal/Request for Hearing Page 3 of 3 25 of 44 February 5, 2019, Item #3. ADMINISTRATIVE CITATION ) 605 , CITY OF POWAY Citation No. D� m n.""'`°' DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Date: CY;—/ (!O / (858) 668-4600 (� r r� 1, An inspection of the premises located at 13490 (4UMo Dv- • Potiy I( c,- `1ia' \ . in the City of Poway (APN 31_I ID-0 GOC) ), revealed violation or violations of the Poway Municipal Code (PMC). p Name of Responsible Person: GAS,I L f-�I So � �. CY ' � L Mail address: I' le/ [/ o HUM t a 1 JC . too L4 (c ' cel o(t2i-- I [ ] 1st CITATION $ 140.00 PAY WITHIN 15 DAYS 2ND CITATION 200.) PAY WITHIN 15 DAYS ' [ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS III} [ ] 4TH CITATION $ 1,000.00 PAY WITHIN 15 DAYS [ ] _ CITATION $ .00 PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S):69 /Lal 1 A"- S 100 PM PMC SECTION: DESCRIPTION: ) 6, 53-0,04_0 (s) - Too< A-cc-0M 0 LA'TSO N a) 17, 3 % .30ir) - (oMMCF(.+'Arc Uc7fl f 65 _IV Repaink 3 c14-9-, 0��) . ) - E-r ca or tl c(ES 4) CFI P 5 i?- -No.:E,00(C V6irae5,/U&IicN Vi 4(Jcr CORRECTIVE ACTION REQUESTED: -" c V rre:12- Art-7010 - Rc ,V Cmc(-- Nus N 1)6 -Ct (=�' ANI) AI' CuMOLA-'(soAI nF all Jv&K CORRECTIVE ACTION TO BE COMPLETED BY: 0 J /0 5 /1-Th. SIAbRE OF OFFICER PRINT NAME OF OFFICER DATE �.� D , tic LTA 3--16,_0 26 of 44 February 5, 2019, Item # 3:1" ' ' STEVE VA US,Mayor CITY OF POWAY _ �Y ofW HARRY I.EONA RD,Deputy Mayor / _` JIM CUNNING!IMI,Cuuncilmcmbcr DAVE GROSCI I,Cuuncilmcmbcr a r \I JOHN,\IUI.LIN,Cuuncilmcmbcr =SF J./ ....Cm, N THE Ce April17, 2018 NOTICE OF VIOLATION Property Owners CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, The City has been made aware of industrial/commercial related storage uses occurring on your property in violation of PMC 17.54.020 and 17.54.040 (Attachment 1). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. This notice is separate from previous notices and citations sent to you. The issuance of this notice will not prevent or halt enforcement action previously initiated to address current and outstanding violations for which notices and citations were issued to you. Failure to correct the violation(s) by the required date may result in issuance of 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. 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 ■aniel Welte, Codetompliance Officer Attachments: 1. PMC 17.54.020 and 17.54.040 / 27 of 44 February 5, 2019, Item # 3. 1 �_ CITY OF POWAY 1 ti rl vE VAUS,Mayor 0.0 OF ipik HARRY LEONARD,Deputy Mayor JIM CUNNINGHAM,Councilmcmbcr ( DAVE GROSCH,Cnuncilmcmbcr JOI IN MULLIN,Gmnci!member ` '---- _,,,_,, ,. 'j C/J). M THE cpJ April 27, 2018 SECOND NOTICE OF VIOLATION Property Owners CASTLE JOE R 8, CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, The City has been made aware of industrial/commercial related storage uses occurring on your property in violation of PMC 17.54.020 and 17.54.040 (Attachment 1). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. This notice is separate from previous notices and citations sent to you. The issuance of this notice will not prevent or halt enforcement action previously initiated to address current and outstanding violations for which notices and citations were issued to you. Failure to correct the violation(s) by the required date may result in issuance of 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. 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 it 7 21C...,Daniel Welte, Codeompliance Officer Attachments: 1. PMC 17.54.020 and 17.54.040 3. 28 of 44 February 5, 2019, Item # I ADMINISTRATIVE CITATION - - 613 ) CITY OF POWAY Citation No. " ,. na�..• (7-04-62 DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive n/ Poway, CA 92064 Citation Issuance Date:67 1l 27 / 1 X (858)668-4600 An inspection of the premises located at f g CP0 74)40 '1)4)=.1)(--•'1)4)=.1)(--•in the City of Poway (APN,3-2-03,),0(000 ), revealed violation or.violations of the Poway Municipal Code (PMC). Name of Responsible2bl /Person: ZY O IR . Gy r ]4• A L . CA'S-it E Mail address: ! `� / G 0 , ' UMU DR , PowsrY c4ceZoc-,c- [ ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS [ ] 2ND CITATION $ 200.00 PAY WITHIN 15 DAYS 3RD CITATION , PAY WITHIN 15 DAYS ,[c 4TH CITATION $ 1,000.00 PAY WITHIN 15 DAYS [ ] CITATION $ .00 PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED).FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): O 1--Zb v ( O /51,72- PMC /5 ! PMC SECTION: (q AcffME✓r „.) • DESCRIPTION: () g,vg, o..2-0/6) - Totoeteu0MulAtco,-) s) cIE, g. ,z - pug Nus-sapa✓e- ri OS- 3-30(E) - caMrt, Vt;-r4.;RES S 2o& J3r49., O kk6) ` Vr KE oN Res. t1�c�rr r 4) ( , (0,52-- N DS4rl[c V EPirci.Cf CORRECTIVE ACTION REQUESTED: ' SE"‘ /9-rrIcbMC/' z CORRECTIVE ACTION TO BE COMPLETED BY:05 107 /8 SIGN•TURE OF OFFICER PRINT NAME OF OFFICER pATE cb . clr 2-1C(5 27 le 29 of 44 February 5, 2019, Item # 3. I Date of Administrative Citation #613: April 27, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(8), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following corrective measures within 10 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed, If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. 30 of 44 February 5, 2019, Item # 3,1 �S„3VIS VA US,.Mayor CITY OF POWAY -o,: JOHN MULLIN,Deputy Mayor O w1)- JIM CUNNINGHAM,Councilmember ', e DAVE GROSCH,Councilmember BARRY LEONARD,Councilmcmber cm4,41•11117/7 � Cm.rN THE c9.- 'Sent via USPS certified mail, first class mail and posted NOTICE AND ORDER TO ABATE NUISANCE The City's records reveal that you own, occupy, 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 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 the below- referenced PMC. As a result of the violation(s), the property is deemed a public. nuisance requiring abatement. Said property is located at address 13990 Humo Dr., in the City of Poway. CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 APN 3211320600 The following violation(s) of taw 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. VIOLATION(S) • Poway Municipal Code Section 17.54.020: Commercial and industrial related uses or storage in violation of zoning regulations are unlawful and deemed a public nuisance. • Poway Municipal Code Section 17.54.040: Unlawful for any person to conduct land use activity in violation of Title 17 — Zoning Regulations; storage of commercial/industrial items and vehicles in residential zone not allowed. (Attachment 1) CORRECTIVE ACTIONS: • Cease unlawful storage activity of industrial/commercial equipment and/or vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on date and date, in addition to other communications. Despite these Notices, the City_has inspected_.yourproperty 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. 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 City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074.0789 www.poway.org 31 of 44 February 5, 2019, Item #3. Notice and Order — 13990 Humo Dr. — Case 17-0469 May 14, 2018 Page 2 specified, the City may abate the nuisance and charge you the cost/fees 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 1.08.010, 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., j. 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, depreciation, 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: May 14, 2018 CITY OF O / By . Manis, re or .f Dev- opment Services APPROVED AS TO FORM: ahma Alan Fenstermacher, City Attorney • Attached: • PMC Sections 17.54.020 and 17.54.040 Page 2 of 3 32 of 44 February 5, 2019, Item # 3,1 ) ADMINISTRATIVE CITATION C. � 619 CITY OF POWAY Citation No.W DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive O� / / / / Qi Poway, CA 92064 Citation Issuance Date: 10 l O (858) 668-4600 q q /tuft 7� An inspection of the premises located at /3 1 0 ( r uft .,,JIrVe in the City of Poway (APN g;-I (S)_O(po° ), revealed violation or violations of the Poway Municipal Code (PMC). Name of Responsible Person: Oc R . ' i .z Z" C4 `c7 LC (� Mail address: /S? e70 • U( •.A�-6 pp . /ouAy/ Cfr ce -cc -- [ ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS i [ ] 2ND CITATION $ 200.00 PAY WITHIN 15 DAYS [ ]- 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS 4TH CITATION {$TUuU OD) PAY WITHIN 15 DAYS [ ] _ CITATION $ _.00 PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE,CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED).FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT.REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): O5— (5-- ( o 131-1- PMC SECTION: DESCRIPTION: 00SiOg. o3-0(g) - TONI< at. $"(7). IVA:C P&C,C4t cr ( a o$,2-3°(C)-CompANip7ott r fl 4_01 ,0(060)p) - v- nn/ RES �4DP._ . . ' �-�C,�f, ii0. 5.� -NitSMN CORRECTIVE ACTION REQUESTED: COM et.? lid 7-244 q tR2rc c VcT C. srPD c Ar-1-4-a-9-46—Apr-j, Q� CORRECTIVE ACTION TO BE COMPLETED BY: 05 1.2-5 1 I S s5SI" ATURE OF 9FFICER PRINT NAME OF OFFICER DATg a4-71:4--- D . wE1-TC 2.145 5f(%/it 33 of 44 February 5, 2019, Item #3. 1 Attachment 1 Date of Administrative Citation #619: May 16, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following corrective measures within 10 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. 34 of 44 February 5, 2019, Item #.3. 1 sTEVE VAU5,Mayor CITY OF POWAY ,�y OF .Po�,� „IN MULLIN,Deputy Mayor icr CAYI.IN FRANK,Councilmcmbcr 11* \ DAVE GROSCIl,Councilmcmbcr /I BARRY LEONARD,Cuuncilmember 9e ,� { IN THE. C9‘ --- August 1, 2018 Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, Thank you for making time to meet with us on July 2, 2018. Although we have been made aware that you are facing notable challenges in managing the property and materials associated with your business, we ask that you make notable progress toward reducing the number of unlawfully stored vehicles and materials on your residential property. Please provide evidence of progress toward resolving the violations on your property, which may include evidence of sale of vehicles, materials, photos or other documentary evidence indicating that materials and vehicles are being removed. Your property will be monitored for compliance. Failure to make or demonstrate progress within 60 days from the date of this letter will result in resumption of enforcement action. 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 City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 9207.0789 www.poway.org 35 of 44 February 5, 2019, Item # 3.1 R U Tik l Noam Duzman Direct Dial:(714).641-3.478 RUTAN &TUCKER, LLP E-mail:nduzrnan@rutan:com • December 19, 2018 ti Joe Castle and Cynthia Castle 13990 Humo Drive Poway, CA 92064 Re: Notice Of Violation: 13990 Hume Drive To whom it may concern: This office serves as City Attorney for the City of Poway. The City's records show that { you are the owner, occupant; and/or have a legal interest in the property located at 13990 Humo Drive in the City of Poway("Property"). We have been informed that the Property is in violation of the Poway Municipal Code("PMC"). Accordingly, this letter will serve as notice and provide you a final Opportunity to remedy the below:referenced violations. • The City has made an internal effort to obtain voluntary compliance from you by both writing.you several letters (including multiple notices of violation and notices and orders to abate) and issuing you four citations demanding that you bring the Property into compliance with applicable codes. While you have had more than a reasonable amount of time to bring the Property irito compliance, you have failed to•do so. At this point; the City has turned the case over to our office, acting in the capacity Of City Attorney for the City of Poway, to handle this matter. The following violations exist on the Property: 1 1. Poway Municipal Code §§ 17.54.020 and 17.54.040: The commercial and industrial related uses on the Property, specifically including the storage of commercial and industrial products and vehicles, violates the City's Zoning Code. In particular, the Property is 1 zoned Rural Residential (RR-C), and accordingly, the foregoing uses are not permitted. No later than 7 days from the date of this letter, you must contact me at the belownumber to discuss bringing the Property into compliance with this regulation and,no later than 20 days from the date of this letter, you must fully address this violation by ceasing all commercial and industrial activities on the Property dnd removing all commercial and industrial items and vehicles stored on the Property. 1 2. Poway Municipal Code §§ 8.80.020(B),8.80.030: No person shall accumulate junk tl or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 25223/012782-0027 I Orange County fito Alto I www.rutan.com 13115726.1 a1N78na o ATTACHMENT D February 5, 2019, Item #9,.1 RUTAN PUTAN s TUCKER LLP Joe Castle and Cynthia Castle used for residential purposes. For purposes of this section, please note that the term "junk" includes,but is not limited to,any combustibre or noncombustible nonputrescible waste,including, but not limited to,trash;refuse; paper;glass;.cans; bottles;rags;fabrics;bedding;ashes;.trimmings from lawns, shrubbery or trees, except, when used for mulch or like agricultural purposes; • household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster; Wire or like materials from the demolition, alteration or construction of buildings or structure's; tires or inner tubes;auto, aircraft or boat parts;plastic or metal parts or'scraps;darnaged or defective machinery, whether or not repairable, and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable. Further, in this participate case, the junk includes, the commercial and industrial items and vehicles on the Property,which have been declared a fire hazard by the Poway Fire Department. No later than.7 days from the date ofthis letter, you must contact me at the below number to discuss bringing the Property into compliance ivttli,this reptilation and,no later than 20 days fromtlie date of this letter vou:rituSl hilly address this violation by removing any junk frain:the Property to the satisfaction of both the.Poway Fire Marshall.and Director of Development Services 3. Poway Municipal Code §§ 10.52.050, 17.08.230(E) and 17.42.060(0): The Property contains nuisance vehicles. Parking for semi trucks, dump trucks and moving vans and other commercial vehicles is limited to eight hours in the Property's RR-C zone, and storage of such vehicles is not permitted. Further, all Vehicles on the Property must be for the personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident are subject to removal. No later than 7 days from the date of this letter, you must contact me at the below number to discuss bringing the Property into compliance with this regulation and,.no later than 20 days from the date of this letter, you must fully address this violation by removing all commercial vehicles seared on the Property, and provide written evidence of residency,photos of the vehicles, and proof of ownership (title and DMV registration information) for all non-commercial vehicles on the Property, or remove the same. The enclosed photographs depict the violations that are the subject of this letter. We are providing you 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, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. (Cal. Health & Saf. Code § 17980(d).) Moreover, as required by law, we are hereby providing you notice that it is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation. 2523/012782-0027 13175326.1 612/18/18 37 of 44 February 5, 2019, Item #3. ) RUTAN RUTAN a TUCRCR.LLP Joe Castle and Cynthia Castle As provided by PMC section 1.08.010(B), each violation of the aforementioned code constitutes a misdemeanor punishable by a$1,000 fine and/orsix months in the County jail or both the fine and imprisonment. That same section provides that each day the violation continues constitutes a new and separate offense for which the full misdemeanor penalty may be imposed. Furthermore, pursuant to PMC section 1.08.010(D),the City is authorized to initiate a civil action against you to address these issues. Finally, under PMC Chapter 8:72, the City is authorized to abate the nuisance on its own. If you fail to bring the Property into compliance by the times prescribed,you will leave the City with no choice but to consider the aforementioned legal options,including the City taking the necessary steps to utilize its own or hired forces to abate the'violations, and/or initiating a civil (e.g., seeking injunctive,relief or the appointment of a receiver)or criminal action to address these violations. The City is placing you on notice that if.you fail to bring the Property into compliance in a timely manner and the City is required to take any action to gain compliance, the City will be seeking reimbursement from you for all such City costs, fees (including attorneys' fees) and expenses incurred therewith. We are hereby providing you notice to appear before the Poway City Council at its meeting to be held on February 5, 2019 at 7:00 p.m. to show cause, if any, why the Property should not be declared a public nuisance and the nuisance be abated by City forces and/or hired forces,or through a City-initiated legal action. Further, pursuant to section 22661 of the California Vehicle Code and PMC Chapter 10,52, and pursuant to PMC Chapter 16.68,this letter provides you with a 10-day notice from the date of this letter of the City's intention to abate and remove each of the vehicle(s) stored on the Property in violation of the PMC, specifically including those hated in Exhibit "1" hereto. Furthermore, you are hereby placed on notice that you have the right to appear at the City Council's February 5, 2019 public hearing regarding the same, or you may submit a sworn written statement denying responsibility for the presence of the vehicle on the Property, with the reasons for such denial, in lieu of personally appearing. If you intend to challenge the City's determination that the vehicles are being stored in violation of the PMC, you must within 10-days from the date of this letter submit to me by email or mail notice that you intend to appear at the February 5 hearing or your sworn statement. Your failure to do so in a timely manner will make the Vehicles subject to removal by the City. 2323NI21824827 13115326.1 al2/18/18 38 of 44 February 5, 2019, Item #3. RUTAN auonl[Tacna.LLP Joe Castle and Cynthia Castle 1 look forward to your complete cooperation in this matter. If you have any questions regarding the requested compliance, please contact me at(7 641-3478. RUT• : TUC , LL Noam Duzman. City of Powa 's City Attorney's Office 2523/0127821)027 13175326.1 02J18118 39 of 44 February 5, 2019, Item # 3. t t't • IF :''' 4, EE ' ' I' 11 .l" . • 4 • y, 3 `` ' R t o l `�, 1 �E` 1-4 00 .."-.4 ? I M1 i • � � 00 o 1 s : ' fe- . /4,, -al , 1 —*OP°. ri,j. — 0000. , oil t,II.0,,L,— ;IQ f • o'.4141P(*.ii',- -.- ,-,.. .- :',.1 iir ,= 40 of 44 ATTACHMENT E February 5, 2019, Item # 3.1 :•1., • . , ' •••••• ..., "0.,.'., , ' . .' • 444'.' '0 e •...• . ‘61.4... ‘‘AMP 4 AD Wei 'Al le I.• : • • Si . iv sor..11—iiii. „.._ iii ..- i. OS ' ..41 41111. , . • .- i P. *., — .r• 1 ....._ _, . - A 0 . -.- .... .. .,•- "4144 4•1 -' LLJ i. >• 0 JD , 00 0 e-4 .., •-I WS E , - -. = T •-.1 • E o %,... ......... >, 03 CU . > •— i i ... ..: CI = — 47*, ., elp •— 0 0 • fip _I 41 of 44 February 5, 2019, Item # 3, I /A) 4.t.) '.. •— )' i: -,,. , 1,‘,) 1m. 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