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Res 20-083RESOLUTION NO. 20-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CONFIRMING AND AUTHORIZING RECOVERY OF COSTS INCURRED TO ABATE A PUBLIC NUISANCE AT 14441 RANGE PARK ROAD WHEREAS, a public nuisance existed at 14441 Range Park Road, Poway California ("Property"), and as a result, the City Council of the City of Poway ("City Council") declared and determined it was in violation of both the Poway Municipal Code ("PMC") and the August 7, 2017 stipulated judgment ("Stipulated Judgment") between the parties, and directed City staff and the City Attorney's office to take all steps necessary to abate said nuisance, including obtaining and executing an inspection and abatement warrant; WHEREAS, the Stipulated Judgment authorizes abatement of violations thereof in the same manner as the PMC; WHEREAS, an inspection and abatement warrant was obtained and executed for the Property, and only thereafter when threatened with forcible abatement did the Property owner bring the Property into reasonable compliance with the PMC and Stipulated Judgment; WHEREAS, on October 6, 2020, the City Council held a public hearing to confirm the costs incurred in the abatement of the foregoing public nuisances at the Property in compliance with all applicable provisions of law; and WHEREAS, the owner(s) of the Property was notified of the October 6, 2020 public hearing in the manner required by law, as well as informally well in advance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council confirms that the City of Poway incurred a total of $13,367.23 in costs to abate a public nuisance at the Property, located at 14441 Range Park Road, which the City Council hereby finds is reasonable in amount, and further finds that such costs were necessary in order to abate the public nuisance. SECTION 2: City staff and the City Attorney's office are hereby authorized to take all steps to recover and collect $4,455.75 of the foregoing costs from the owner(s) of the Property, including placement of these amounts as special assessment on the appropriate property tax rolls, pursuant to Poway Municipal Code ("PMC") section 8.72.030 or any other applicable provision of law, if not voluntarily paid within sixty (60) days of the date of this Resolution. This represents one-third of the total costs that the City Council has confirmed as both reasonable in amount and necessary to abate the public nuisance. The remaining two-thirds of the total amount — $8,911.48 — is hereby held in abeyance and is not currently due, pursuant to the conditions set forth in Section 4 herein. SECTION 3: City staff is further authorized to add 6 percent interest per annum to the $4,455.75 if the foregoing amount is not paid in full within sixty (60) days of the date of this resolution, pursuant to PMC section 8.72.030 and 25 Cal. Code Regs section 70. SECTION 4: In the event any notice of violation ("NOV") relating to violations of the PMC or Stipulated Judgement on the Property is issued by City Code Compliance staff to the Property Owner, City staff is directed to bring this matter back to the City Council to determine whether or not Resolution No. 20-083 Page 2 to authorize the City staff and the City Attorney's office to recover and collect the remaining $8.911.48 from the owner(s) of the Property. SECTION 5: All interested parties are hereby notified that judicial review, if desired, shall be sought within the 90 -day time limit set forth in Code of Civil Procedure section 1094.6. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of October, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Val las, CM , City Clerk Steve Vaus, Mayor