Res 89-140RESOLUTION NO. 89-140
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT
18392 AND 18394 SYCAMORE CREEK ROAD TO BE
SUBSTANDARDAND A PUBLIC NUISANCE, ORDERING THE
DEMOLITION AND/OR REMOVAL 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
(APN'S 272-150-11 & 272-150-12)
WHEREAS, the officials of the City of Poway have inspected and
found that the property at 18392 and 18394 Sycamore Creek 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 unpermitted
trailer or trailers as dwelling structures on the
property;
2. The accumulation of junk, including trash,
refuse, paper, glass, cans, bottles, rags, 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 Plumbing Code in that
no sewer, septic tank, or adequate plumbing, drainage,
or sanitary systems exist on the premises;
6. The illegal provision, rental, or lease of the
premises for human habitation, including pe£mitting
occupancy without proper permits and inspections; and
WHEREAS, a duly noticed public hearing before the City Council
was held on July 25, 1989 and continued to August 1 and August 29,
1989, at which time the owners and occupants of the property were
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.
Resolution No. 89-140
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 inspections of the
property 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 conditions
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 Section 38660 and 38773, Poway Municipal
Code Chapter 8.72, and California Health and Safety Code Section
19910 et seq. to declare the structure a public 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 September 8, 1989. If
the violations are not corrected on or before that date, the City
may demolish and remove the unsafe, substandard structures at the
expense of the property owners and may secure payment of such
expenses from the property owners 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. 89-140
Page 3
PASSED, ADOPTED AND APPROVED, by the City~7~uncil of the City of Poway,
California, at a regular meeting thereof thi~291hday of August, 1989.
Carl R. Kruse~Mayor
ATTEST:
) 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. 89-140 was duly
adopted by the City Council at a meeting of said City Council held on the 29th
day of August, 1989, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE