Res P-19-01 RESOLUTION NO. P-19-01
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;"
Resolution No. P-19-01
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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
the report by motion or resolution. Pursuant Government Code Sections 38773 and 38773.5 of
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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,
California, at a regular meeting held on the 5th day of February 2019.
Steve Vaus, Mayor
ATTEST:
Kay Vi -on I erim 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. 19-01 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: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
A. Kay i son, terim City Clerk
City of P , ay