Res P-19-05RESOLUTION NO. P-19-05
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING
CONDITIONS PRESENT AT 12825 CLAIRE DRIVE (0 SHIRRA
AVENUE), POWAY, CALIFORNIA, CONSTITUTE VIOLATIONS
OF THE POWAY MUNICIPAL CODE AND UPHOLDING
DEVELOPMENT SERVICES DEPARTMENT DECISION TO
ISSUE NOTICE AND ORDER TO ABATE NUISANCE
WHEREAS, inspections of the premises at 12825 Claire Drive (0 Shirra Ave.), Poway,
California, with Assessor Parcel Number 323-092-07 ("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, City personnel have observed violations of Section 15.02.010, 15.02.070
and 15.02.040 of the Poway Municipal Code by failing to acquire the necessary permits and
approvals for a converted garage and breezeway into living space, as well as accessory
buildings or structures;
WHEREAS, City personnel have observed violations of Sections 17.42.060 and
17.54.020 of the Poway Municipal Code by storing vehicles/vessels on the property not
registered to the tenant occupants of the home;
WHEREAS, City personnel have observed violations of Section 8.68.040 and 8.76.040
of the Poway Municipal Code by maintaining accumulations of junk and green waste on the
property located within the Very High Fire Hazard Area;
WHEREAS, City personnel have observed a violation of Chapter 10.52 of the Poway
Municipal Code by storing inoperable vehicles outdoors and in the open;
WHEREAS, City personnel have observed a violation of Chapter 8.72 of the Poway
Municipal Code by documenting multiple conditions that constitute a public nuisance, and may
be declared as such by the City Council;
WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the
property owners, including issuing violation notices on February 12, 2018 and May 2, 2018 and
issuing a Notice and Order to Abate Nuisance on November 15, 2018, demanding compliance;
WHEREAS, the City has responded to the property owners' request for hearing in
response to the Notice and Order to Abate Nuisance;
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 or policy, or any condition within the City found to be potential threat to the
general health, safety and welfare of the public.
Resolution No. P-19-05
Page 2
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;"
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 March 19, 2019, where
evidence has been presented before the City Council, 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 ongoing violations of the Poway Municipal Code, and whether the conditions
on the Property constitute a public nuisance.
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 City Council finds that this action is not subject to review under the
California Environmental Quality Act (CEQA). The determination of a public nuisance is not a
project in accordance with CEQA guidelines.
Section 2: The foregoing recitals are true and correct, and the City Council so finds
and determines.
Section 3: The City Council finds and declares that the Director of Development
Services decision to issue a Notice and Order to Abate Nuisance to the property owners was
appropriate, justified, and staff may continue enforcement action.
Section 4: The City Council further finds and declares that the conditions on the
Property described in the recitals 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 section 3480 and the Poway Municipal Code: (1) failing to acquire the necessary permits
and approvals for a converted garage and breezeway into living space, as well as accessory
buildings or structures; (2) storing vehicles/vessels on the property not registered to the tenant
occupants of the home; (3) maintaining accumulations of junk and green waste on the property
located within the Very High Fire Hazard Area; and (4) storing inoperable vehicles outdoors and
in the open.
Section 5: The City Council orders the owner of the Property to abate the nuisances
within thirty (30) days by bringing the Property into compliance with the provisions of the Poway
Municipal Code cited in the recitals. 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 6: A copy of this resolution of the City Council affirming the issuance of the
Notice and Order to Abate Nuisance and ordering abatement 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 at his
or her own expense, provided the same is completed prior to the thirty -day abatement.
Resolution No. P-19-05
Page 3
Section 7: If the nuisances are not completely abated by the owner as directed
within the thirty (30) 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 of the abatement, including administrative costs.
Section 8: 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 costs 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 to Government Code sections 38773 and 38733.5,
the total cost, fees, and expenses of abatement, including all administrative costs and attorney's
fees, 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 19th day of March 2019.
Q
Steve Vaus, Mayor
ATTEST:
Faviol a ina, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-19-05 was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of March 2019, and that it was so
adopted by the following vote:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Faviola Medina CMC, City Clerk
City of Poway