Item 3.3 Additional Material posted 3-19-19City of Poway MEMORANDUM
ADDITIONAL MATERIAL
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the
Agenda Packet for the March 19, 2019 Council Meeting)
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 19, 2019
Honorable Mayor and Members of the City Councjt,
Robert Manis, Director of Development Servicespt,'l
David De Vries, City Planner 'v<bV
(858)668-4604 / ddevries@poway.org
Resolution Confirming that the Conditions on the Property at 12825
Claire Drive Constitute Violations of the Poway Municipal Code
Upholding the Development Services Director's Decision to Issue a
Notice and Order to Abate Nuisance (Case No. 18-0044), and
Declaring that the Property Constitutes a "Public Nuisance" and
Ordering the Property Owner to Abate the Violation
The property owner whom requested this administrative hearing and agreed to the March 19, 2019
City Council hearing date is requesting a continuance to the May 7, 2019 City Council meeting. The
tenant and property owner are currently in escrow. The tenant residing on the subject property,
Michael Bias, asked the property owner to request the continuance to allow more time to acquire
funding, clear escrow and complete the purchase of the subject property from the property owner.
On Monday, March 18, 2019, staff received an email from the property owner (Attachment A)
requesting the continuance. In a follow-up conversation with staff, the property owner suggested a
new hearing date of May 7, 2019.
Recommended Action:
Staff recommends that the Council deny the continuance request on the grounds that: (1) the appeal
has been pending since November 15, 2018; (2) staff requested materials in support of the
administrative hearing several times from the property owner over the past few months and no
materials were provided; and (3) the condition of the property warrants a declaration of public
nuisance. Regardless of the City Council's decision on the Administrative Hearing regarding the
Building Code violations, the matter should still be considered by the City Council for declaration of
the property as a public nuisance (due to the junk accumulation) which will allow the appropriate
abatement process to proceed. Staff also recommends that the City Council direct staff to record a
Notice of Violation on the subject property to inform future property owners of outstanding code
compliance violations on the property.
Attachment
A.March 18, 2019 email from Property Owner
1 of 3 March 19, 2019, Item # 3.3
Code Compliance -12825 Claire Drive Additional Material
March 19, 2019
Page 2
Reviewed/Approved By :
Wendy Kaserman
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~1h-W~
Tina M . White
City Manager
March 19, 2019, Item # 3.3
Daniel Welte
From:
Sent:
To:
Cc:
Subject:
Importance:
Dear Mr. Welte,
Dondi Dahlin <dondi @innersource.net>
Monday, March 18, 2019 12:04 PM
Daniel Welte
lblevin s@simo nelawfirm.com
RE: Request to Delay the Public Hearing by Tenant
High
I have spoken with my attorney and we would like to request a continuance on
the hearing tomorrow night March 19th.
Please let me know if there are any other steps I need to take on this end, and
also if this is possible.
Thank you,
Dond i Dahlin
't!-',· ~
Dondi Dahlin
www.LearnEnergyMedicine.com
www.LearnTheFiveElements.com
From: Daniel Welte <DWelte@poway.org>
Sent: Friday, March 15, 2019 5:36 PM
To: Dondi Dahlin <dondi@innersource.net>
Cc: lblevins@simonelawfirm.com
Subject: Re: Request to Delay the Public Hearing by Tenant
Additionall y, you have the option to request a continuance of the public hearing from City Council. Council may choose
to deny or a ll ow.
DANIEL WELTE
Code Compli ance Officer
Poway I dwelte@ poway.org
3 of 3 ATTACHMENT A March 19, 2019, Item # 3.3