Item 3.2 - Reso Declaring Property at 13746 Frame Rd. Constitutes a "Public Nuisance"G`,�.I OF OWgY
City of Poway
COUNCIL AGENDA REPORT
C�h N THE GpJ
DATE: February 5, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: David De Vries, City Planner
(858) 668-4604 or ddevries@poway.org
APPROVED 0
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
RESOLUTION NO. -J-02.,
SUBJECT: Resolution Declaring that the Property at 13746 Frame Road 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 trash, junk, miscellaneous debris, inoperable
vehicles, and unpermitted patio cover located in the front yard area of the property at 13746 Frame
Road (APN: 317-042-06) should be declared a "public nuisance" and whether the property owner
should be ordered to correct these violations. The owner of the property is Raymond Breen.
Should the City Council order that these violations be removed, and if the property owner fails 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 owner fails to timely remedy the public nuisance conditions.
Discussion:
In April 2018, the City started receiving complaints about the accumulation of junk and parked
vehicles in the front yard at 13746 Frame Road. Items such as cabinets, file drawers, chairs,
tools, a water heater, a table and umbrellas were being stored in the driveway and across the
front yard. Additionally, several vehicles were being parked/stored in the front yard and the side
of the driveway, contrary to regulations in the Poway Municipal Code (PMC). Sections 8.80.020
and 8.80.030 of the PMC prohibit the accumulation of junk. Section 17.42.060 of the PMC
prohibits the parking of vehicles in the front yard except as specified and only on a paved surface.
An aerial/site location map of the property is included as Attachment B.
On April 11, 2018, a Code Compliance case was opened. The City issued the property owner
two Notices of Violation, a Notice and Order to Abate, and four Administrative Citations from April
to November 2018. The four Administrative Citations included fines in the amounts of $100, $200,
$500, and $1,000, respectively, as prescribed by the PMC. The City did not receive any response
1 of 32 February 5, 2019, Item # 3.2
•
Public Nuisance Hearing — 13746 Frame Road
February 5, 2019
Page 2
from the property owner and the property remains in violation of the PMC. A summary of the case
history and documents associated with code enforcement of this case are included as Attachment
C.
•
In October 2018, it was discovered that patio covers/shade structures had been installed in the
driveway area in violation of PMC Chapter 15.04. This condition also constitutes violation of the
PMC.
On December 17, 2018, the City Attorney's Office sent the owner a Notice of Violation citing the
outstanding violations, demanding that the owner timely correct the violations, and providing the
owner 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 owner has not taken the required steps to correct the violations.
Photos of the junk accumulation, parked/stored vehicles, and unpermitted patio covers/shade
structures 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 owner the required legal notice and secures an inspection
and abatement warrant — abate the violations by removing all the trash, junk, miscellaneous
debris, inoperable vehicles, and shade structures. 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 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 owner
via a lien and/or a special assessment.
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 owner. 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 17, 2018 letter from City Attorney
E. Photographs
2 of 32 February 5, 2019, Item # 3. 2_
Public Nuisance Hearing — 13746 Frame Road
February 5, 2019
Page 3
Reviewed/Approved By: Reviewed By: Approved By:
miut
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
3 of 32 February 5, 2019, Item # 3. 2-
RESOLUTION NO. P-19-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA,
FINDING AND DECLARING CONDITIONS PRESENT AT
13746 FRAME ROAD, POWAY, CALIFORNIA
TO BE A PUBLIC NUISANCE AND ORDERING
THE ABATEMENT THEREOF
WHEREAS, inspections of the premises at 13746 Frame Road, Poway, California, with
Assessor Parcel Number 317-042-06.("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 and inoperable
vehicles 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 17.42,060 of the
Poway Municipal Code by parking vehicles in unpermitted areas of the front yard;
WHEREAS, furthermore, City personnel have observed a violation of Chapter 15.04 of
the Poway Municipal Code by installing patio covers/shade structures in unpermitted locations
and without proper permits;
WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the
Property owners, including by issuing violation notices on April 11, 2018 and April 24, 2018„
issuing a Notice and Order to Abate Nuisance on August 13, 2018, issuing administrative
citations on September 17, 2018, October 3, 2018, October 23, 2018, and November 9, 2018,
and finally by way of a letter from the City Attorney's Office dated December 17, 2018
demanding compliance;
WHEREAS, the Property owner has 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;"
4 of 32 ATTACHMENT A February 5, 2019, Item # 3-2
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 vehicles in the front yard; and
(3) allowing or maintaining unpermitted patio covers/shade structures.
Section 3. The City Council orders the owner 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 parked vehicles from front
yard pursuant to Poway Municipal Code Section 17.42.060; and (iii) either obtaining the
necessary City permits or removing patio covers/shade structures. 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 owner 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 and fees 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
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
5 of 32 February 5, 2019, Item #3.2
Resolution No. P-19-
Page 3
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
•
6 of 32 February 5, 2019, Item #3,Z
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7 of 32 ATTACHMENT B February 5, 2019, Item # )
CASE HISTORY
APN: 317-042-0600 CASE NO. 18-0134
PROPERTY OWNER(S): Raymond Breen
VIOLATION ADDRESS: 13746 Frame Rd.
Poway, CA 92064
DATE PREPARED: 11/09/2018
PMC VIOLATION(S) EXISTING THIS DATE: 8.80.020 & 8.80.030 Accumulation of
junk; 17.42.060 (G) Yard parking; Chapter 15.04 Unpermitted patio cover
DATE INVESTIGATION REPORT PMC WITNESS
4/11/2018 Received complaint; opened case 8.80.020; C. Wishert
8.80.030;
17.42.060 (G)
4/11/2018 Notice of Violation 8.80.020; C. Wished
8.80.030;
17.42.060 (G)
4/24/2018 2nd Notice of Violation 8.80.020; C. Wished I
8.80.030;
17.42.060 (G)
5/16/2018 Reinspection: All yard park gone 17.42.060 (G) C. Wished
6/22/2018 Reinspection: Yard park back 17.42.060 (G) C. Wished
8/13/2018 Notice & Order 8.80.020; C. Wished
8.80.030; Director DS
17.42.060 (G) City Attny
9/17/2018 Administrative Citation #1 ($100 + late 8.80.020; C. Wished
fee) 8.80.030;
17.42.060 (G)
9/25/2018 Sheriff activity SDSO
10/03/2018 Administrative Citation #2 ($250 + late 8.80.020; C. Wished
fee) 8.80.030;
17.42.060 (G)
10/22/2018 Unpermitted patio cover to be added to Chapter 15.04 C. Wished
listed violations at this address as
discovered from SO pictures from
9/25/2018.
10/23/2018 Administrative Citation #3 ($500 + late 8.80.020; C. Wished
fee) 8.80.030;
17.42.060 (G)
8 of 32 ATTACHMENT C February 5, 2019, Item #3.2.
11/9/2018 Administrative Citation #4 ($1000) 8.80.020; C. Wished
8.80.030;
17.42.060 (G)
11/9/2018 Violation 15.04 to be added to this case Chapter 15.04 B. Manis
per Director. C. Wished
12/17/2018 Letter from City Attorney Rutan &
Tucker LLP
9 of 32 February 5, 2019, Item # 3.2_
CITY OF POWAY
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April 11, 2018
FIRST NOTICE OF VIOLATION
Property Owners
RAYMOND BREEM
13746 FRAME RD.
POWAY, CA 92064
SUBJECT: Yard park/accumulation of outdoor storage; 13746 Frame Rd., Poway, CA
92064;
APN 317-042-06
Case Number: 18-0134
Dear Property Owner,
The City has been made aware of the yard park and accumulation of outdoor storage which is in
violation of Poway Municipal Code Section(s) 17.42 and 8.80 (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1. Remove all vehicles from the right of the driveway; remove the trailer from the front yard.
2. Remove all storage of materials from the front yard.
Failure to comply with this notice may result in escalated enforcement action, including
issuance of administrative citations 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) 668-4663 or cwishert@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Cindy Wishert, Code Compliance Officer
Attachments: 1. Attachment 1
2. Attachment 2 pictures
I
10 of 32 February 5, 2019, Item #,j.Z
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April 24, 2018
SECOND NOTICE OF VIOLATION
Property Owners
BREEN RAYMOND
13746 FRAME RD.
POWAY, CA 92064
SUBJECT: Yard park/accumulation of outdoor storage; 13746 Frame Rd., Poway, CA
92064;
APN 317-042-06
Case Number: 18-0134
Dear Property Owner,
The City has been made aware of the yard park and accumulation of outdoor storage, which is in
violation of Poway Municipal Code Section(s) 17.42 and 8.80 (Attachment 1).
You are required to complete the following corrective measures within ten (10) days from the date of
this letter:
1. Remove all vehicles (including trailer) from the right of the driveway
2. Remove all storage of materials from the front yard.
Failure to comply with this notice may result in escalated enforcement action, including
issuance of administrative citations 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) 668-4663 or cwishert@poway.org.
Respectfully,
DEVELOPMENT SERVICES DEPARTMENT
Cindy Wishert, Code Compliance Officer •
Attachments: 1. Attachment 1
2. Attachment 2 pictures
•K
11 of 32 February 5, 2019, Item #� z
STI li,'r,US,Nla,.nr CITY OF POWAY �� of •i
JOIN MULLIN,Deputy Mayor / 9r
C:,,YI.IN PRANK,Councilmembcr 2111111.
DAME GROSC I-I,Cnuncilmcmber " r
BARRY LEONARD,Councilmentbcrr\1111rftle
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C`IN THE O
`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 13746 Frame Rd., in the City of Poway.
BREEN RAYMOND
13746 FRAME RD
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.
VIOLATION(S)
• Poway Municipal Code Section 8.80: accumulation of junk (Attachment 1)
CORRECTIVE ACTIONS:
• Remove all storage of materials from front yard.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on April 11, 2018 and April 24, 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.
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.
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
www.poway.org
12 of 32 February 5, 2019, Item #3,2_
Notice and Order—13746 Frame Rd.—Case N 18-0134
August 13, 2018
Page 2
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 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. r
Additionally, pursuant to PMC section 108.010, 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.,
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 Wishert at 858-668-4663
or cwishertPpoway.orq.
Dated: August 13, 2018
CITY4Q'4..
OWAY r
By
Robeanis, Dr of iaevelo ment Services
APPROVED AS TO FORM:
dJ %*t ikleiCi "
Alan Fenstermacher, City Attorney
Attached:
PMC Section 8.80
13 of 32 February 5, 2019, Item #3.2_
ADMINISTRATIVE CITATION 627
•
CITY OF POWAY Citation No. to 27
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive
Poway, CA 92064 Citation Issuance Date: OC[ / 17 / l 8
(858) 666.4600
An Inspection of the premises located at 13714(o Fr'arn r RA
In the City of Poway (APN 517-042 — O(a 00 ), revealed violation or violations of
the Poway Municipal Code (PMC).
Name of Responsible Person: R2umnna (been
Mall address: 137_4.1, Fro Jc
mxcay CJ- 9 20 to 14-
1st CITATION $ 100.00 PAY WITHIN 15 DAYS
2ND CITATION $ 200.00 PAY WITHIN 15 DAYS
[ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
[ ] 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): q /I s/ IR 10 : 29 q m .
PMC SECTION: DESCRIPTION:
80 ;runt ace unsdo+i in �n cran4 �( .
17. 42 . 0(00 1/P_h;r o{Ins_Can OA1� 6 �ln.t _0_n
r uln..l 40 1hc _le —co ( the driveway
CORRECTIVE ACTION REQUESTED: (� t ( G
emQV P &( I STTT(O q P nt rflai-er tO.,4 S '�T OPC1 Jl+ yard .
Removes An tj \/e _rte / ty a� ler �rOLn +h-e_b_s_tv1' O F
+hee aft Veinal
CORRECTIVE ACTION TO BE COMPLETED BY: � / 02- / /S
SIGNATRE OF CER PRINT NAME OFOFFICER DATE
WA/JOYc,ndy wished ql (7 / (8
14 of 32 February 5, 2019, Item # 3•L
'e "` 13325 Civic Center Drive INVOICE
'�'•'.;¢ `._ Poway, CA 92064
44, Date Invoice No.
�� na co, 9/1712018 180782
Please make your check
Bill To payable to the City of Poway
Raymond Breen Mall Payment To
13746 Frame Road
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858)668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Citation#627
Date issued: 9/17/2018 100,00
Payment due by: 09/27/2018
Fine Due: $ 100: add 50%penalty if paid after
Property Owner and Mail Address:
Raymond Breen
13746 Frame Road
Poway,CA 92064
Property Information:
13746 Frame Road
Assessor's Parcel Number
Case#3170420600
Additional information is attached.
Your prompt payment is appreciated!
City Hall Hours/7:30 AM—5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments $0.00
Coding: 301030-73150 Reimbursable Balance Due $100.00
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE. 7
15 of 32 February 5, 2019, Item # �. L
7 N Iv
ADMINISTRATIVE CITATION I632
CITY OF POWAY Citation No. (032
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive
Poway, CA 92064 Citation Issuance Date: 10 / 0 3 / 22018
(858) 668-4600
An inspection of the premises located at 1374 (v Frame Rol
in the City of Poway (APN 317— 042 ' 04000 ), revealed violation or violations of
the Poway Municipal Code (PMC).
Name of Responsible Person: rnond_Qte.ein1
Mall address: ) 37 (p Frame Rd
Poway , CA 4ao14q-
[ ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS
2ND CITATION $ 200.00 PAY WITHIN 15 DAYS
[ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
[ ] 4TH CITATION $ 1,000.00 PAY WITHIN 15 DAYS
( ] _ CITATION $ .00 PAY WITHIN 15 DAYS
YOU MAY BE CITED EACH DAY IF THE VIOLATIONS) 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): [0/3/2018 G (_prvl
PMC SECTION: DESCRIPTION:
8.90 'ru.n k P cc u m t:aahon ;
17. 42. 0 !00 U- - . ♦ ._• . . , • -�i\qck
CORRECTIVE ACTION REQUESTED:
LRernoVP a It s-f c_aaP � rr ai ;ois -Prom -r0n+ yard
Rem0'1Q on./ Vek rie14;Ier -from -Qoth yar Skbcc k -
CORRECTIVE ACTION TO BE COMPLETED BY: [0 / ILa .1 201_8
SI NATURE OF OFFICER PRINT NAME OF OFFICER DATE
abfeleat2ind y( Xs/i er t /0/3//2
16 of 32 February 5, 2019, Item #3.2.
`t INVOICE
13325 Civic Center Drive
Poway, CA 92064
e/�'rr.� Date Invoice No.
T IN THE
9/17/2018 180782
Bill To Please make your check
payable to the City of Poway
Raymond Breen
13746 Frame Road Mail Payment To
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858) 668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Citation#627
Date issued: 09/17/2018 100.00
Payment due by: 09/27/2018
Fine Due: $ 100; add 50% penalty if paid after 9/27/2018 50.00
Citation#632
Date issued: 10/03/2018 200.00
Fine Due: $200; add 50% penalty if paid after 10/18/2018
Property Owner and Mail Address:
Raymond Breen
13746 Frame Road
Poway, CA 92064
Property Information:
13746 Frame Road
Assessor's Parcel Number
Case# 3170420600
Additional information is attached.
Your prompt payment is appreciated!
City Hall Hours/7:30 AM —5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments $0.00
Coding: 301030-73150 Reimbursable Balance Due $350.00
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE.
17 of 32 February 5, 2019, Item # 3.2
ADMINISTRATIVE CITATION 636
CITY OF POWAY Citation No. 63Ly
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive
Poway, CA 92064 Citation Issuance Date: /0 / 23 /£618
(858) 668-4600
An inspection of the premises located at I3'l q , Frame Rd.
in the City of Poway (APN 317 O'42 -0(000 ), revealed violation or violations of
the Poway Municipal Code (PMC). !!11
Name of Responsible Person: R(,L mond_ 6(4E4 +
Mall address: 1374L r A me RCd
Downy, 0.A- 910(0'-/
( ] 1st CITATION $ 100.00 PAY WITHIN 15 DAYS
( ] 2ND CITATION S 200.00 PAY WITHIN 15 DAYS
X 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
[ ] 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): L 0/Z2/2c 1 S
PMC SECTION: DESCRIPTION:
8. 530 dunk OCCLUrnd in +,on lard .
17 . 42 . CIL 0 Veh; clrc Prcked in -Cronf yard 5P-HI 0r/r.
CORRECTIVE ACTION REQUESTED:
Rema r� AI I s c>'9_e,_oMQferin I S -Prom -&an+ yard.
A • a [♦ WO . / tea a t _ back.
CORRECTIVE ACTION TO BE COMPLETED BY: 1 f I I ,2.0/8
SIGNATURE OF OFFICER PRINT NAME OF OFFICER DATE 1
iso ' Clnd/J i$h- /0/23/20_L8
i
February 5, 2019, Item # 3,2_
s
C9F �W
13325 Civic Center Drive INVOICE
I Poway, CA 92064
Date Invoice No.
9/17/2018 180782
Bill To Please make your check
payable to the City of Poway
Raymond Breen
13746 Frame Road Mail Payment To
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858) 668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Citation#627
Date issued: 09/17/2018 100.00
Payment due by: 09/27/2018
Fine Due: $ 100; add 50% penalty if paid after 9/27/2018 50.00
Citation#632
Date issued: 10/03/2018 200.00
Fine Due: $200; add 50% penalty if paid after 10/18/2018 100.00
Citation#636
Date issued: 10/23/2018 500.00
Payment due by: 11/7/2018 •
Fine Due: $ 500; add 50% penalty if paid after 11/7/2018
Your prompt payment is appreciated!
City Hall Hours/7:30 AM—5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments
Coding: 301030-73150 Reimbursable Balance Due
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE d'OI IR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALL?CHECKS AND CORRESPONDENCE.
19 of 32 February 5, 2019, Item # 2 2.L.
• w
• ` ^ 13325 Civic Center Drive INVOICE
��.
Poway, CA 92064
,> .n` Date Invoice No.
en,n me coy
9/17/2018 180782
Bill To Please make your check
payable to the City of Poway
Raymond Breen
13746 Frame Road Mail Payment To
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858)668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Property Owner and Mail Address:
Raymond Breen
13746 Frame Road
Poway, CA 92064
Property Information:
13746 Frame Road
Assessor's Parcel Number
Case#3170420600
Additional information is attached.
Your prompt payment is appreciated!
City Hall Hours /7:30 AM—5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments $0.00
Coding: 301030-73150 Reimbursable Balance Due $950.00
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE�O PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALLLCKS AND CORRESPONDENCE.
20 of 32 February 5, 2019, Item #3.1
2.2.
ADMINISTRATIVE CITATION ,.C1/4‘4111. ) 637
CITY OF POWAY Citation No. 637
DEPARTMENT: Development Services
DIVISION: Code Compliance
13325 Civic Center Drive
Poway, CA 92064 Citation Issuance Date: // / 0 9 / .20 /8
(858) 668-4600
An inspection of the premises located at /374/(, Farnt Rc/
�
In the City of Poway (APN 317— 642-0(000 ), revealed violation or violations of
the Poway Municipal Code (PMC). n
Name of Responsible Person: Raymond 2fetn
Mail address: J 37 SQ. Frn1P aR-I '
&Ain y , Oh 9.20611
El 1st CITATION $ 100.00 PAY WITHIN 15 DAYS
[ ] 2ND CITATION $ 200.00 PAY WITHIN 15 DAYS
[ ] 3RD CITATION $ 500.00 PAY WITHIN 15 DAYS
erg 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): ///?!2O/8
PMC SECTION: DESCRIPTION:
S.A0 7t.tak.- aCrItinminf/nn in -rani y>/O1'CL
/ 7 . y2 O/. D ✓ej ,rIts parker/ /i1 iron7 \/orcJ Sbrc,-
CORRECTIVE ACTION REQUESTED:
V-G�!/ I/ s u . , •. in - i'ii. fron71 )41,21
enio✓, a// Veh:c es/fs ' 'a . . . o n - ..
CORRECTIVE ACTION TO BE COMPLETED BY: ii / 241 / 20/6
SIGNATURE OF OFFICER PRINT NAME OF OFFICERL/ WlDATE�d to f� �m� 's{1cr� ///9/,2a
/R
21 ofof 31.1 February 5, 2019, Item # 3.2.
1Poway3325 ic 92064 Center Drive INVOICE
i I Civic
'' "R" _.,.`�;,c� Date Invoice No.
IN THC
9/17/2018 180782
Bill To Please make your check
payable to the City of Poway
Raymond Breen Mail Payment To
13746 Frame Road
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858)668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Citation#627
Date issued: 09/17/2018 100.00 '
Payment due by: 09/27/2018
Fine Due: $ 100; add 50% penalty if paid after 9/27/2018 50.00
Citation#632
Date issued: 10/03/2018 200.00
Fine Due: $200; add 50% penalty if paid after 10/18/2018 100.00 •
Citation#636
Date issued: 10/23/2018 500.00
Payment due by: 11/7/2018
Fine Due: $ 500; add 50% penalty if paid after 11/7/2018 250.00
Citation#637 1,000.00
Date issued: 11/9/2018
Payment due by: 11/26/2018
Fine Due: $ 1000; add 50% penalty if paid after 11/26/2018
Your prompt payment is appreciated!
City Hall Hours/7:30 AM—5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments
Coding: 301030-73150 Reimbursable Balance Due
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE�'OVR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALLa hCKS AND CORRESPONDENCE.
22 of 32 February 5, 2019, Item #,#)).2
13325 Civic Center Drive
1 Poway, CA 92064 INVOICE
\t'i " . ` Date Invoice No.
1N n
9/17/2018 180782
Bill To Please make your check
payable to the City of Poway
Raymond Breen
13746 Frame Road Mail Payment To
Poway, CA 92064 City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
General Information
Email:
customerservices@poway.org
Web site: http://www.poway.org
Phone (858) 668-4401
Terms: Due Date:
See Due Date 9/17/2018
Description Amount
Property Owner and Mail Address:
Raymond Breen
13746 Frame Road
Poway, CA 92064
Property Information:
13746 Frame Road
Assessor's Parcel Number
Case# 3170420600
Additional information is attached.
Your prompt payment is appreciated!
City Hall Hours/7:30 AM—5:30 PM. Closed Every Other Friday
For Details Visit: www.poway.org/hours Payments $0.00
Coding: 301030-73150 Reimbursable Balance Due $2,200.00
PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS
IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL.
REMITTANCE SENT TO THIS ADDRESS MAY CAUSE gaPAYMENT TO BE MISAPPLIED. PLEASE REFERENCE
YOUR INVOICE NUMBER ON ALL trI4ECKS AND CORRESPONDENCE.
23 of 32 February 5, 2019, Item #3.2
'2 I ' ®q
1 \ UT/ N
foam Duman
;$ Direct Dial:(714)641-3478
y�. UR & TUCKER, LLP E-mail:nduzman@rutan.com
,r1
hi
•
,, December 17, 2018
V..
"4
ic
VIA CERTIFIED MAIL
~ RETURN RECEIPT REQUESTED •
1; Raymond Breen
13746 Frame Road
Poway, CA 92064
''t
k.
e. Re: Notice of Violation: 13746 Frame Road
3
i. 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 13746 Frame
if Road 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
jyou 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 (two notices of violation and a notice and order to abate) and issuing
you four administrative 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
into compliance, you have failed to do so. You have also failed to pay any of the citations, which
now total $2,200. 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. 1
tt
i The following violations exist on the Property: •
I. Poway Municipal Code § 8.80.030: No person shall accumulate junk or permit
junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot used for
residential purposes. For purposes of this section, please note that the term "junk" includes, but is
not limited to, any combustible 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 structures; tires or inner
;1 tubes;auto, aircraft or boat parts; plastic or metal pans or scraps; damaged or defective machinery,
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 2523/012�32-002E
Orange C 4niy{ 8TaIo Alto I www.rutan.com ATTACHMENT D February 5, 2019, Itenh'i�199 t aivitns 32 i
RUTAN
RUTAN t TUCKER.LL✓
Raymond Breen
December 17, 2018
Page 2
whether or not repairable; and damaged or defective toys, recreational equipment or household
appliances or furnishings, whether or not repairable.
No later than 7 days front 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
front the date of this letter, you must fully address this violation by removing any junk on the
side and front yard of the Property.
2. Poway Municipal Code § 17.42.060: 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.
No later than 7 days front the date of this letter, you must contact tue 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 vehicles, boats
and trailers stored on the Property that are not located on the driveway or adjacent and to the
left of the driveway on a paved concrete surface.
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.
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/or six 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
2523/012782-0028
13175193.1 a12/17/18
25 of 32 February 5, 2019, Item # 3. 2_
RUTAN
PUTAP L TUCKER.LLP
Raymond Breen
December 17, 2018
Page 3
seeking reimbursement from you for all such City costs, fees (including attorneys' fees) and
expenses incurred therewith.
We arc 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,
PMC Chapter 10.52, and 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 following vehicle(s)
stored on the Property in violation of the PMC: (1) vehicle that appears to be a Hyundai, with
license plate number 4KTG966; (2)a white GMC truck; and(3) a Suzuki motorcycle, with license
plate 15V5281.
Within the 10 day period, if you both contact the City to arrange an inspection and actually
have the City come out to the Property and, at that inspection, you can successfully demonstrate
to the City that one or more of these vehicles is not in violation of the referenced codes, then the
City will not proceed to remove such vehicle(s). 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 ,
these vehicles 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.
I look forward to your complete cooperation in this matter. If you have any questions
regarding the requested compliance, please contact me at(714) 641-3478.
RI.'. N & TJCKER, LLP
Norm Di_ nan
City of Poway's City Attorney's Office
2573/012792-0028 .
13175193.1 al2/I7/19
2
26 of 32 February 5, 2019, Item # .2
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