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Res 88-005RESOLUTION NO. 88-005 RESOLUTION DECLARING THE PROPERTY AT 14015 SYCAMORE AVENUE. TO BE SUBSTANDARD AND A PUBLIC NUISANCE, ORDERING THE REMOVAL OF GARBAGE, TRASH WASTE AND DEBRIS AT THE PROPERTY OWNER'S EXPENSE WITH PAYMENT OF COSTS TO BE SECURED BY ASSESSMENT AND LIEN, AND FURTHER ORDERING REPAIR OR REMOVAL OF THE RESIDENCE AND FENCING OF THE SWIMMING POOLS WHEREAS, the officials of the City of Poway have inspected and found that the property at 14015 Sycamore Avenue, 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 illegal provision, rental, or lease of the premises for human habitation, including permitting occupancy without utility service; 2. The accumulation of junk, including vehicles and parts, 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, occupancy or storage of the trailer coach on the premises without a permit and without adequate sanitary facilities; 5. Maintenance of a swimming pool or pools without adequate fencing; 6. Violation of the Uniform Building Code for the shed or out buildings; and WHEREAS, a duly noticed public hearing before the City Council was held on Januaryl2, 1988, at which time the owner of the property was given the opportunity to appear and 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 caused the premises to be unsafe and substandard and constitute a public nuisance, and why abatement, repair and correction should not be required. CITY OF PONAY RESOLUTION NO. PAGE 2 88-005 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 above 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 certain substandard conditions cannot be corrected by repairs. Section 4: The City Council declares that the identified violations render the premises unsafe and substandard and there- fore 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 18901 et seq. to declare the structure a public nuisance, and if not corrected by the property owner 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 owner is ordered to remove or repair the unsafe, substandard structures and clean the vehicles, trash, garbage, waste and debris from the property on or before January 22 , 1988. 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, waste and debris from the property 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. The City may enter or direct its agent to enter upon private property to abate the nuisance. Section 7: 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 objections, modification and confirmation an itemized written report showing the cost of abatement. Resolution No. 88-005 Page 3 PASSED, ADOPTED AND APPROVED, by the City Council of %he City of Poway, California, at a regular meeting thereof this 12th day of January, 1988. Robert C. Emery~a~or ATTEST: Marjorie~K. Wahlsten, City Clerk STATE OF CALIFORNIA 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. 88-005 was duly adopted by the City Council at a meeting of said City Council held on the 12th day of January, 1988, and that it was so adopted by the following vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: NONE ABSTAIN: ABSENT: NONE NONE ~ Marjorie~.K. Wahlsten, ~ity City of~oway Clerk