Res 93-011RESOLUTION NO. 93-011
RESOLUTION DECLARING THE PROPERTY
AT 16100 DEL NORTE ROAD A PUBLIC NUISANCE,
ORDERING THE REMOVAL OF ALL INOPERABLE VEHICLES,
PARTS, TREE CLIPPINGS, STACKS OF WOOD AND
MISCELLANEOUS M3%TERIAL
WHEREAS, the officials of the City of Poway have
inspected and found that the property at 16100 Del Norte
Road, Assessor's Parcel Number 275-400-09, Poway, California,
constitutes a hazard, endangering the health, safety and
welfare of the occupants and the public due to the following:
1. Chapter 5.28 of the Poway Municipal Code
requires a license be obtained for the operation of
"Junk, Automobile Wrecking and Non-operating Vehicle
Storage Yards." This type of use is prohibited in
residential areas.
2. Section 10.52.040 of the Poway Municipal Code
prohibits the storage of inoperable vehicles in a
residential area unless within an enclosed building.
3. Section 8.80.030 of the Poway Municipal Code
prohibits the accumulation of junk, including the tree
clippings, stacks of wood and miscellaneous material, on
a lot used for residential purposes. Such accumulation
does constitute a danger or potential danger to public
health, safety or welfare.
WHEREAS, a duly noticed public hearing before the City
Council was held on January 26, 1993, 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 corrections 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 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 the occupants.
Resolution No. 93-011
Page 2
~: 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 fourteen (14) days of the date of
this public hearing to abate the above-described conditions
on the property.
Section 4: The City Council declares that the
identified violations render the premises unsafe and
substandard and therefore constitute a public nuisance.
~: The property owner is ordered to remove all
inoperable vehicles, parts, tires, tree clippings, stacks of
wood and miscellaneous material. If the violations are not
corrected on or before that date, the City may 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 twenty-sixth
day of January, 1993.
Don H~gginson, Ma~
ATTEST.
Marjo~ K. Wahlsten, City Clerk
Resolution No. 93411
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of
Poway, do hereby certify under penalty of perjury that the
foregoing Resolution, No.93-011 , was duly adopted by the
City Council at a meeting of said City Council held on the
26th day of January, 1993, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
Marjo~i~ K. ahlsten, City Clerk
City ~oway