Res 84-022RESOLUTION NO. 84-022
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING APARTMENT UNITS AT
12347 POMERADO ROAD TO BE UNSAFE,
SUBSTANDARD, AND A PUBLIC NUISANCE;
ORDERING VACATION OF THE BUILDING; AND ORDERING
REPAIR AND CORRECTION OF VIOLATIONS OR
DEMOLITION BY THE PROPERTY OWNERS,
AT PROPERTY OWNER'S EXPENSE, WITH
PAYMENT OF COSTS TO BE SEC[~ED BY
ASSESSMENT AND LIEN
WHEREAS, officials of the City of Poway at the direction of the City
Council inspected the apartment units at 12347 Pomerado Road, Poway,
California, on March 20, 1984;
WHEREAS, the Uniform Housing Code 1979 Edition provides minimum standards
to safeguard the life, limb, health, property and public welfare by regulating
and controlling the use, occupancy, location and maintenance of all residential
buildings and structures within the City of Poway.
WHEREAS, Chapter 10 of the Uniform Housing Code defines a substandard
building as any building or portion thereof where any of certain condtions exist
that endanger the life, limb, health, property, safety, or welfare of the
public or occupants.
WHEREAS, the violations identified in the Inspection Results portion of the
Inspection Report for Apartment Units at 12347 Pomerado Road conducted on March
20, 1984 cause the following conditions to exist on the subject site:
1. Inadequate Sanitation (Building Division Report Non-Electrical items 2b,
2e, 4c, 4e, 6d, and 6e; Safety Services Report items 7a and 8d).
2. Structural Hazards (Building Division Report Non-Electrical items 2a, 2f,
4b, 5b, 6f, 7a, 7e, 7f, 8b, 8e, 8f, 8h, 8i, and 8j).
3. Hazardous wiring (Building Division Report Electrical items 8 and 11;
Safety Services Report items 2d, 2e, 3c, 7f, and 8b)
4. Hazardous Plumbing (Building Division Report Non-Electrical items 3c, 7b,
and 8a).
Be
Hazardous Machanical Equipment (Building Division Report Non-Electrical
items 7d and 8g; Safety Services Report items 2b, 2c, 6b, 6c, 7b, 7c, 7d,
8e, and 8f).
6. Faulty Weather Protection (Building Division Report Non-Electrical items
4a, 6a, and 6b).
7®
Fire hazards (Building Division Report Non-Electrical items la and 5a;
Safety Services Report items ld, le, 2a, 2d, 2e, 3b, 3c, 4a, 5a, 5b, 5c,
5d, 6c, and 7b).
Resolution No.
Page 2
84-022
8. Hazardous or Unsanitary Premises (Building Division Report Non-Electrical
item 4d).
9. Inadequate Exits (Building Division Report Non-Electrical items 2c, 2d, 3a,
3b, 3d, 6c, 7c, 8c, 8d, and 8c).
10. Inadequate Fire Protection or Firefighting Equipment (Safety Services Report
items la, lb, lc, 4b, 7e, and 8e).
WHEREAS, the inspection of March 20, 1984 revealed the numerous violations
of the identified Codes (1979 UHC, 1973 UBC, 1971 NEC, 1973 UMC, 1973 UFC, and
CAC, Title 19) set forth in the Inspection Results portion of that report.
WHEREAS, a duly noticed public hearing before the City Council was held on
March 6, 1984, and continued to April 17, 1984, at which time the owners of the
property were given the opportunity to appear present evidence, require sworn
testimony, and cross-examine witnesses to present reasons why the City Council
should not find that the violations and conditions existing on the subject
property cause the apartment building to be unsafe and substandard, and
constitute a public nuisance.
NOW, THEREFORE be it resolved by the City Council of the City of Poway as
follows:
The City Council finds that the violations identified in the Inspection
Report for Apartment Units at 12347 Pomerado Road constitute conditions
identified by the Uniform Housing Code requiring a declaration that the
building identified in that report is substandard.
2. The identified violations constitute an immediate danger to the life, limb,
health, property safety, and welfare of the public and occupants.
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The City Council declares that the identified violations render the building
unsafe and substandard and therfore, the building constitutes a public
nuisance.
The City Council elects to proceed under City of Poway Ordinance No. 57,
California Government Code Sections 38660 and 38773, Uniform Building Code
Section 203, and Uniform Housing Code Sections 1001, 1101, 1102, 1103, and
1104, to declare the building as a public nuisance and, hereby orders the
building to be vacated within fifteen (15) days. All non-conforming heating
units shall be render unuseful to the satisfaction of the City Fire Marshal
immediately.
Resolution No.
Page 3
84-022
Be
The property owners are ordered to repair the identified violations, with
proper permits and inspections, in such a manner as to cause the building to
no longer be substandard and unsafe within six (6) months of the date of
this resolution or demolish the building. If the violations are not
corrected on or before October 17, 1984, the City may remove the unsafe
improvements, or in the alternative, correct or cause to have corrected the
defects on the property at the expense of the property owners, and may
secure payment of such expenses from the property owner by assessment and
lien upon the property. The City may enter or direct its agent to enter
upon the property to abate the nuisance.
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The City or its agent shall keep an accurate account of the cost of
abatement and shall submit to the City Council for consideration, hearing
of objects, modification, and conformation, an itemized wirtten report
showing the costs of abatement.
PASSED, APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, at a regular meeting thereof this 17th day of April, 1984.
ATTEST:
Bru'~e J. Tar~,(May"or /
Marjori~. Wahlsten, City Clerk