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Res 10-053RESOLUTION NO. 10 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING FINDINGS IN SUPPORT OF ITS DECISION TO DENY AN APPEAL CHALLENGING THE DEFENSIBLE SPACE REQUIREMENT TO REDUCE HIGHLY FLAMMABLE CHAPARRAL WITHIN 100 FEET OF HABITABLE STRUCTURES (11612 CREEK ROAD) ASSESSOR'S PARCEL NUMBER 320 - 020 -18 WHEREAS, George and Helen Wu are the current owners of the property addressed as 11612 Creek Road, Poway, California; and WHEREAS, on August 5, 2008, the City Council introduced and held the first reading of Ordinance 677, An Ordinance of the City of Poway, amending Chapter 8.76 of the Poway Municipal Code. Chapter 8.76 of the Poway Municipal Code governs the process for the abatement of weeds and dry grasses, and waste accumulations that constitute a public nuisance. On August 19, 2008 the City Council passed and adopted Ordinance 677 and adopted a Resolution concerning the Wildfire Defensible Space Program (WDSP) Policy; and WHEREAS, Poway Municipal Code property owners reduce highly flammable structure; and ( "PMC ") section 8.76.030 requires that chaparral with 100 feet of any habitable WHEREAS, on December 3, 2009 George and Helen Wu were notified by mail that their property at 11612 Creek Road was included in the City of Poway's WDSP; and WHEREAS, on December 17, 2009, Code Compliance Officers Marc LeDrew and Darcy Sare inspected 11612 Creek Road with the property owners George and Helen Wu, and verbal instructions were given to Helen Wu to reduce approximately 50 feet of native vegetation from three habitable structures; and WHEREAS, on April 16, 2010, a Notice of Violation letter and Notice of Public Nuisance was sent to 11612 Creek Road for failure to complete the required abatement of native vegetation, and The Notice of Public Nuisance served as the required legal notification should the City have to abate the nuisance; and WHEREAS, on June 9, 2010, an appeal hearing was scheduled by Assistant City Manager Tina White which was not attended by the Appellants; however, documentation submitted by the Appellants and the City's Code Compliance Division was considered by the Assistant City Manager; and WHEREAS, on June 16, 2010, the Assistant City Manager issued a Notice of Decision that a violation of PMC Section 8.76.030 exists on the property and required that the nuisance be abated by June 30, 2010; and Resolution No. 10 -053 Page 2 WHEREAS, on June 24, 2010, Appellants filed a request with the City Clerk to appeal the decision of the Assistant City Manager that Appellants are required to reduce highly flammable chaparral within 100 feet of any habitable structure; and WHEREAS, PMC Chapter 2.20 states that the City Council shall hear and decide appeals to the decisions of any hearing officer, board, committee, commission or department subordinate to the City Council; and WHEREAS, on July 20, 2010, the City Council of the City of Poway conducted a hearing in accordance with PMC Chapter 2.20 to consider Appellant's appeal of the requirement that they reduce highly flammable chaparral within 100 feet of any habitable structure: and WHEREAS, evidence was submitted and considered, including, without limitation: A. Resolution B. Assistant City Manager's Notice of Decision (including all exhibits and attachments) C. Letter from the Wus to Kevin Kitch D. Request for Appeal to City Council E. Area Map F. Map showing approximate Defensible Space area NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: Section 1: The foregoing recitals are true and correct, and the City Council so finds and determines. Section 2: Based on the evidence presented at the hearing conducted on July 20, 2010, the City Council makes the following findings: A. The Appellants are found to be in violation of PMC Section 8.76.030, Defensible Space, Vegetation Management, and Waste Accumulations, and the Notice of Public Nuisance is hereby upheld. B. If the nuisance is not abated by July 30, 2010, the City may abate the nuisance and charge the Appellants the cost of the abatement including administrative costs and reasonable interest, from the date of the abatement. The City is authorized by Government Code Section 39572 to enter the private property in order to abate the nuisance. Section 3: Based on the foregoing findings the City Council of the City of Poway hereby denies the appeal, and determines that Appellants are required to reduce highly flammable chaparral on their property within 100 feet of any habitable structure pursuant to Poway Municipal Code Section 8.76.030. Resolution No. 10 -053 Page 3 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, State of California this 20th day of July 2010. Don Higginson, Mayor ATTEST: STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. 10 -053, was duly adopted by the City Council at a meeting of said City Council held on the 20th day of July 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Troyan, MMC, City Clerk