Res 87-134RESOLUTION NO. 87-134
RESOLUTION DECLARING THE PROPERTY
AT 15555 VALI HAI ROAD TO BE SUBSTANDARD
AND A PUBLIC NUISANCE, ORDERING THE DEMOLITION
OF THE STRUCTURES AND REMOVAL OF GARBAGE, TRASH,
WASTE AND DEBRIS AT THE PROPERTY OWNER'S EXPENSE
WITH PAYMENT OF COSTS TO BE SECURED BY ASSESSMENT AND LIEN
WHEREAS the officials of the City of Poway have inspected
and found on September 15, 1987, that the property at 15555 Vali
Hai Road, Poway, California, constitutes a hazardous, substandard
dwelling place endangering the health, safety and welfare of the
occupants and the public due to the following:
1. The use, occupation and storage of a camper
shell as a dwelling structure on the property with
haphazardous, lean-to structures attached thereto;
2. The accumulation of junk, including trash,
refuse, paper, glass, cans, bottles, rags, bedding,
etc. on the property;
3. The creation, production or accumulation of
garbage and other refuse without regular removal from
the premises;
4. The use, occupation or storage of the trailer
coach without a permit on the premises and without
adequate sanitary facilities;
5. Violation of the Uniform Building Code for the
lean-to structures;
6. Violation of the Uniform Plumbing Code in that
no sewer, septic tank or adequate plumbing, drainage or
sanitary systems exist on the premiess;
7. The illegal provision, rental, or lease of the
premises for human habitation, including permitting
occupancy without proper permits and inspections; and
WHEREAS, a duly ~oticed public hearing before the City
Council was held on October 13, 1987, at %{hich time the owners of
the property were given the opportunity to appear and present
evidence, require sworn testimony and cross-examine witnesses to
present reasons %{by the City Council should not find that the
violations and conditions existing on the subject property caused
the premises to be unsafe and substandard and constitute a public
nuisance, and why abatement, repair a0d correction should not be
required.
CONTINUED ON PAGE 2
CITY OF POWAY
RESOLUTION NO. 87-134
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF POWAY AS FOLLOWS:
Section 1: The City Council finds that the violations
identified by 'the City officials during the inspection on
September 15, 1987, constitute conditions requiring a declaration
that the illegal structures on the premises are unsafe and
substandard.
Section 2: The identified violations constitute an
immediate danger to the life, limb, health, property, safety and
welfare of the public and occupants.
Section 3: The City Council finds and declares that the
cited structures exist on the property and the substandard condi-
tions cannot be corrected by repairs.
Section 4: The City Council declares that the identified
violations render the premises unsafe and substandard and
therefore constitute a public nuisance.
Section 5: The City Council elects to proceed pursuant to
California Government Code Sections 38660 and 38773, Poway
Municipal Code Chapter 8.72 and California Health and Safety Code
Sections 19910 ~_ ~. to declare the structure a Dub!lc
nuisance, and if not corrected by the property owners with-proper
permits and inspections within ten (10) days of the date of this
public hearing to abate the above-described conditions on the
property.
Section 6: The property owners are ordered to remove the
unsafe, substandard structures and clean the trash, garbage,
waste and debris from the property on or before October 28, 1987.
If the violations are not corrected on or before that date, the
City may demolish and remove the unsafe, substandard structures
and clean the trash, garbage, ~{aste annd debris from the property
at the expense of the property o%{ners and may secure payment of
such expenses from the property owners by assessment and lien
upon the property. 2he City may enter or direct its agent to
enter upon private property Go abate :ne nuisance.
Section 7: 'Phe City or its agent shall keeo ~n accurate
account of the cost of abatemen% and snail suomi'~ to [ne City
Council for consideration, hearing of objections, ~ncdification
and confirmation an i~emized ~{ri[%en report showinq 5he cost of
abatement.
CONTINUED ON PAGE
CITY OF POWAY
RESOLUTION NO. 87-134
PAGE 3
PASSED, ADOPTED AND APPROVED, by the City Council of the
City of Poway at a regular meeting thereof this 13th day of
October, 1987.
BRUCE J. TA~, ~ayor 0 /
ATTEST:
MARJORIE K. WAHLSTEN, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under penalty of perjury, that the foregoing
Resolution, No. 87-134 , was duly adopted by the City Council at
a meeting of said City Council held on the 13th day of October
1987, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY , HIGGINSON, KRUSE, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori~ K. Wahlsten
City C\lerk, City of Poway