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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