Res P-19-02 RESOLUTION NO. P-19-02
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;"
Resolution No. P-19-02
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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 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
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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,
California, at a regular meeting held on the 5th day of February 2019.
•
Steve Vaus, Mayor
ATTEST:
_!elk.: _.
Ka Vin.on, terim 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. P-19-02 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 I J
. Kay Vin on, nterim City Clerk
City of Po ay