Res 91-082RESOLUTION NO. 91-082
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT THE SOUTHEAST
TERMINUS OF ADAH LANE A PUBLIC NUISANCE
AND ORDERING ABATEMENT OF THE NUISANCE
BY REMOVAL OF UNLAWFUL FILL DIRT,
ILLEGAL CONSTRUCTION, INCLUDING STRUCTURES,
AND REMOVAL OF JUNK
ASSESSOR'S PARCEL NUMBER 323-262-26
WHEREAS, the officials of the City of Poway have inspected and
found that the property at the southeast terminus of Adah Lane,
Assessor's Parcel Number 323-262-26, Poway, California, constitutes
a hazard endangering the health, safety, and welfare of the
occupants and the public due to the following:
Section 16.88 of the Poway Municipal Code Subsection A. under
Floodways states that "Encroachments, including fill, new
construction, substantial improvements and other development
are prohibited unless certification by a registered
professional engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge".
Approximately 1000 cubic yards of fill have been placed
on the subject lot since spring of this year.
Section 8.92 of the Poway Municipal Code prohibits the
rental,lease, or use of substandard housing for the purpose of
human habitation.
The shed which has been utilized for habitation has no
building permits, although plumbing, heating, water and
electric wiring have been installed and a renter has
lived in the building for an extended period of time.
b. The water supply from a shallow well serving the
converted shed is not potable.
There is no legal means of sewage disposal. The building
is presently illegally connected to the public sewer.
WHEREAS, a duly notice public hearing before the City Council
was held on July 30, 1991, at which time the owners of the property
were 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.
Resolution No. 9t-082
Page 2
NOW, THEREFORE, the City Council of the City of Poway does
hereby resolve as follows:
Section 1:
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.
Section 3:
The City Council declares that the identified
render the premises unsafe and substandard and
constitute a public nuisance.
violations
therefore
Section 4:
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 sequitur to declare a public nuisance, and if not
corrected by the property owner with proper permits and
inspections within thirty (30) 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 earthen fill down
to the ambient 100 Year Floodway elevation, per Federal Flood
Insurance standards, to demolish the illegal living unit and
the well house, remove the sewer lateral and connection to the
sewer main, fill and properly cap the well to County Health
Department satisfaction, to remove all fencing running
perpendicular to the flow of Poway Creek, disconnect the
electrical service to the lot, remove all accumulated junk,
including but not limited to camper shells, surplus piping,
building materials, fencing, automobiles, bicycles, and other
debris.
Resolution No. 91-082
Page 3
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.
APPROVED and ADOPTED, by the City Council of the City of
Poway, State of California, this 30th day of July; 1991.
ATTEST: ~ ~Gol~ith, Mayor
Wahlsten, City Clerk
Resolution No. 91-082
Page 4
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. 91-082 , was duly adopted by the City Council
at a meeting of said City Council held on the 30th day of__
July , 1991, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NON E
MarJori~ %. Wahlsten, City Clerk
City of~ay
REPORT\ORDERICA.RES