Res P-19-07 RESOLUTION NO. P-19-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DECLARING
CONDITIONS PRESENT AT 13822 NORTHCREST LANE
POWAY, CALIFORNIA, CONSTITUTE VIOLATIONS OF THE
POWAY MUNICIPAL CODE AND UPHOLDING DEVELOPMENT
SERVICES DEPARTMENT'S DECISION TO ISSUE CITATIONS
AND ORDERING THE PROPERTY OWNER TO ABATE
NUISANCE
WHEREAS, inspections of the premises at 13822 Northcrest Lane, Poway, California,
with Assessor Parcel Number 278-442-43 ("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 8.60.141, 15.02.010,
and 15.02.040 of the Poway Municipal Code by failing to acquire the necessary permits and
approvals for detached garage, home remodel, additions/conversions to home, and necessary
septic reviews;
WHEREAS, City personnel have observed violations of Sections 16.56.010 and
16.56.020 of the Poway Municipal Code by conducting grading activity and failing to obtain the
necessary permits and approvals;
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 by the City Council;
WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the
property owners, including issuing violation notices on March 29, 2017, April 18, 2017, August
17, 2017, May 2, 2018 and May 12, 2019, Notice and Orders to Abate Nuisance on November
8, 2018 and August 14, 2018, and Administrative Citations on December 7, 2018, demanding
compliance;
WHEREAS, the City has responded to the property owners request for an Appeal
Hearing in response to the Administrative Citations;
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.
WHEREAS, California Civil Code Section 3480that rovides "[a] public nuisance is one
p
which affects at the same time an entire community or neighborhood, or any considerable
Resolution No. P-19-07
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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 April 16, 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 denies the appeal and finds and declares that the
Director of Development Services decision to issue Administrative Citations 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 detached garage, new additions of and conversions of patios to habitable
areas, as well as home remodel construction; (2) failing to complete all necessary septic
reviews triggered by new construction activity; and (3) failing to acquire all necessary permits for
unapproved grading and excavation activity.
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 subsequent Administrative Citations 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.
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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 any
administrative action allowed by law including administrative citations, criminal complaint, civil
action, seek a receivership remedy under court order, and/or 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 and/or legal action, 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 at a Regular Meeting of the City Council of the
City of Poway, California, on the 16th day of April 2019, by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
eve Vaus, Mayor
ATTEST:
Faviola Medin., CMC, City Clerk