Res 07-021
RESOLUTION NO. 07-021
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE PROPERTY AT 13737 WOODGATE PLACE A PUBliC NUISANCE,
AND ORDERING THE REMOVAL OF ALL TRASH, JUNK
AND MISCELLANEOUS DEBRIS
ASSESSOR'S PARCEL NUMBER 317-665-06
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of trash, junk and miscellaneous debris at 13737 Woodgate Place, Poway,
California constitutes a hazard, endangering the health, safety, and welfare of the public
due to the following; and
WHEREAS, Chapter 8.72 of the Poway Municipal Code states that trash, junk
and miscellaneous debris are declared a public nuisance, and that it is unlawful and a
misdemeanor for any person to allow trash, junk and miscellaneous debris to be on
a property; and
WHEREAS, the City Council conducted a Public Hearing on this matter on
March 13,2007, at which time the owners of the property were given the opportunity to
appear and present evidence why the City Council should not find the violation existing
on the subject property constitutes a public nuisance and why abatement should not be
required following due promulgation of notices as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the violation identified above constitutes a
danger to the health, property, safety, and welfare of the public.
Section 2: The City Council elects to proceed pursuant to the California Government
Code Section 38773, and Poway Municipal Code Chapter 8.72, to declare a public
nuisance, and if not corrected by the property owners within seven days of the date of
this public hearing to abate the above-described conditions on the property.
Section 3: The City Council declares that the identified violations render the premises
unsafe and substandard, and therefore constitute a public nuisance.
Section 4: The property owners are ordered to remove all trash, junk and
miscellaneous debris by March 20, 2007. If the violations are not corrected on or before
that date, the City may abate the nuisance at the expense of the property owner and
may secure payment of such expenses from the property owner by assessment and lien
upon the property.
Resolution No. 07-021
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 13th day of March 2007.
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 07-021, was duly adopted by the City Council at a meeting of
said City Council held on the 13th day of March, 2007, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~~
L. Diane Shea, City Clerk
City of Poway