Res 21-023RESOLUTION NO. 21-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CONFIRMING COSTS INCURRED TO
ABATE A PUBLIC NUISANCE AT 13746 FRAME ROAD
WHEREAS, a public nuisance in violation of the Poway Municipal Code ("PMC") existed
at 13746 Frame Road, Poway California ("Property") and, as a result, on February 5, 2019, the
City Council of the City of Poway ("City Council") adopted Resolution P-19-02 declaring the
Property a public nuisance and directing 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, after several more months of attempting to obtain voluntarily compliance, on
June 11, 2019, an inspection and abatement warrant was obtained for the Property, but the City
did not execute the warrant immediately, and instead waited until June 17, 2019 to inspect the
Property to allow for voluntarily compliance;
WHEREAS, on June 17, 2019, the City determined that while some violations still existed
at the Property, the Owner had sufficiently reduced the amount of junk/debris to avoid the City
having to take abatement action, and the City further decided not to seek recovery of the costs
associated with obtaining the warrant, even though it is legally entitled to do so;
WHEREAS, no later than August 15, 2019, the City determined that the Property was back
out of compliance, and again constituted a public nuisance;
WHEREAS, between August 2019 and August 2020, the City attempted to obtain
voluntarily compliance using numerous different strategies and issuing numerous notices of
violations, administrative citations, and conducting numerous inspections;
WHEREAS, on September 9, 2020, the Property owner and the City agreed in writing to
a six week deadline to remedy all nuisance conditions;
WHEREAS, after numerous inspections over many more months, noncompliance with the
PMC and nuisance conditions persisted, and after repeated warnings to the Property owner and
their representatives and family members, on February 18, 2021, the City obtained another
inspection and abatement warrant;
WHEREAS, the Property came into compliance on March 15, 2021, only after the Property
owners were presented with the signed copy of the executed inspection and abatement warrant;
and
WHEREAS, on May 18, 2021, 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 the owner(s) of the Property was notified of the May 18, 2021
public hearing in the manner required by law, as well as informally well in advance.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
SECTION 1: The City Council confirms that the City of Poway incurred a total of $6,390
Resolution No. 21-023
Page 2
in costs to abate a public nuisance at the Property, located 13746 Frame 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. This includes attorney time dating back to September 2020,
and does not include the significant amount of attorney time spent on this matter prior to that date,
including in 2019, nor any recovery for City staff' time.
SECTION 2: City staff and the City Attorney's office are hereby authorized to take all
steps to recover and collect the foregoing costs from the owner(s) of the Property, including
recording these amounts as a special assessment on the appropriate property tax rolls, pursuant
to Government Code section 38773.5 and 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.
SECTION 3: City staff is further authorized to add 6 percent interest per annum to the
$6,390 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 California Code Regulations Section 70.
SECTION 4: 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 18th day of May, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
oAlc
V ida Pvolas,ity Clerk