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Res 90-215RESOLUTION NO. 90-215 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF PCgFff DECLARING THE PROPERTY AT GARDEN ROAD A PUBLIC NUISANCE ORDERING THE REMOVAL OF FOUR (4) EARTH MOVERS AND RELATED PARTS AT THE PROPERTY OWNER'S EXPENSE WITH PAYMENT OF COSTS TO BE SECURED BY ASSESSMENT AND LIEN WHEREAS, the officials of the City of Poway have inspected and found that the property at 14952 Garden Road, Poway, California, constitutes a hazard endangering the health, safety and welfare of the occupants and the public due to the following: 1. Section 5.28 of 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. 2. Section 10.52.040 prohibits the storage of inoperable vehicles in a residential area unless within an enclosed building. 3. Section 10.28.170 prohibits the parking or standing of commercial vehicles. WHEREAS, a duly noticed public hearing before the City Council was held on November 27, 1990, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS: ~ The City Council finds that the violations identified above constitute conditions requiring a declaration that 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. City of Poway November 27, 1990 Resolution No. ~-215 Page 2 ~ The City Council declares that the identified violations render the premises unsafe and substandard and therefore constitute a public nuisance. ~ 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 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. ~ The property owner is ordered to remove all four (4) earth movers, related parts and debris by December 9, 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 27th day of November, 1990. Don Higgin~yor ATTEST Resolution No. 90-215 Page 3 STATE OF CALIPORNIA ) ) 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. 90-215 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of November , 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE