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