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Res 90-088RESOLUTION NO. 90-088 RESOLUTION DECLARING THE PROPERTY AT 16100 DEL NORTE ROAD A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL VEHICLES, EQUIPMENT, TIRES, TOW TRUCKS, PARTS AND FURNITURE RELATED TO AN AUTO REPAIR BUSINESS AT THE PROPERTY OWNER'S EXPENSE WITH PAYMENT OF COSTS TO BE SECURED BY ASSESSMENT AND LIEN WHEREAS, the officials c~f the City of Poway have inspected and found that the property at 16100 Del Norte Road, Poway, California, constitutes a hazardous dwelling place endangering the health, safety and welfare of the occupants and the public due to the following: 1. The conducting of an Auto Repair Business with machinery, piles of tires and all equipment incidental to the operation of auto repair is being conducted entirely outdoors in a residential area endangering the health, safety and welfare of the general public. 2. Section 5.28 of the Poway Municipal Code requires a license be obtained for the operation of a "Junk, Automobile wrecking and nonoperating vehicle storage yards." This type of use is prohibited in residential areas. 3. Section 10.52.040 prohibits the storage of inopera- ble vehicles in a residential area unless within an enclosed building. 4. Section 17.28.010 prohibits auto repair as a home occupation. WHEREAS, a duly noticed public hearing before the City Council was held on May 8, 1990, at which time the owner of the property was given the opportunity to appear and present evi- dence, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS: Section 1: The City Council finds that identified above constitute conditions requiring that the premises are unsafe and substandard. the violations a declaration CITY OF POWAY RESOLUTION NO. PAGE 2 90-0 88 Section 2: The identified violations constitute an immedi- ate danger to the life, limb, health, property, safety and wel- fare of the public and occupants. Section 3: The City Council declares that the identified violations render the premises unsafe and substandard and there- fore constitute a public nuisance. Section 4: The City Council elects to proceed pursuant to California Government Code Sections 38660 and 38773, Poway Munic- ipal Code Chapter 8.72 and California Health and Safety Code Sections 18901 et seq. to declare 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 5: The property owner is ordered to remove all vehicles, equipment, tires, tow trucks, parts and furniture related to an auto repair business by May 18, 1990. If the violations are not corrected on or before that date, the City may enter or direct its agent to enter upon private property to abate the nuisance 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. Section 6: 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. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting thereof this 8th day of May 8, 1990. Don Higgin's~, Mayor ATTEST. MARJORIE.. K. WAHLSTEN City Clel~k Resolution No. 90- 088 Page3 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) SS. I, Marjorie K. wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 90-088 was duly adopted by the City Council at a regular meeting of said City Council held on the 8th day of May, 1990, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NONE NONE Marjori~ K. WahIsten, City Clerk City of Poway