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