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