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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