Res 89-181 RESOLUTION NO. 89-181
A RESOLUTION OF THE CITY COUNCIL
CITY iOF 'POWAY, 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 POOL
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 occupan-
cy 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 gar-
bage 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 sani-
tary facilities;
5. Maintenance of a swimming pool or pools without
adequate fencing;
6. Violation of the Uniform Building Code for the
Substandard Structure; and
WHEREAS, a duly noticed Public Hearing before the City
Council was held on November 28, 1989, 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 POWAY
RESOLUTION NO.
PAGE 2
89-181
WHEREAS, the property owner's daughter, Jacqueline Hart,
requested an extension to abate said violations, the City Council
granted a two-week extension to be continued at the Public Hear-
ing of December 12, 1989.
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 sub-
standard.
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
December 12, 1989. 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
89-181
CITY OF POWAY
RESOLUTION NO.
PAGE 3
and confirmation an itemized written report showing the cost
abatement.
of
PASSED, ADOPTED AND APPROVED, by the City Co~+~il of the
City of Poway at a regular meeting thereof this iL~n day of
December, 1989.
Do~n ~in~or
ATTEST:
\ . Wahlsten
City Cl~r~
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 following Reso-
lution, No. 89-181 , was duly adopted by the City Council at a
meeting of said City Council held on the 12th day of December ,
1989, and that it was so adopted by the following vote:
AYES:
GOLDSMITH, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT:
BRANNON, EMERY
Marjorie~K. Wahlsten, City Clerk
City of ~oway