Res 93-098RESOLUTION NO. 93- 098
RESOLUTION DECLARING THE PROPERTY
AT 13415 ACTON AVENUE A PUBLIC NUISANCE,
ORDERING THE REMOVAL OF ALL INOPERABLE
VEHICLES,TIRES, PARTS, WASTE OIL,
MISCELLANEOUS MATERIAL AND JUNK
WHEREAS, the officials of the City of Poway have
inspected and found that the property at 13415 Acton Avenue,
Poway, California, APN 323-134-07, constitutes a hazardous
dwelling place 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 on a lot used for
residential purposes. Such accumulation does constitute
a danger or potential danger to public health, safety or
welfare.
4. San Diego County Hazardous Materials Division
prohibits the dumping of waste oil in the dirt. The
property owner shall pay for a site assessment
consultant to determine the extension of the damage and
corrective measures deemed necessary.
5. Home Occupation, Section 17.28 of the Poway
Municipal Code states there shall be no stock in trade
or exterior storage of material and there shall be no
sale of goods on the premises. Vehicles shall not
increase vehicular traffic and shall not change the
principle character of the residential neighborhood.
WHEREAS, a duly noticed public hearing before the City
Council was held on July 6, 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.
Resolution No. 93- 098
Page 2
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.
Section 3: 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.
Section 4: The City Council declares that the
identified violations render the premises unsafe and
substandard and therefore constitute a public nuisance.
Section 5: The property owner is ordered to remove all
inoperable vehicles, tires, parts, blocks, waste oil and
miscellaneous junk and to properly dispose of any waste oil
as specified by San Diego County Hazardous Materials
Division. 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.
Resolution No. 93-098
Page 3
PASSED, ADOPTED AND APPROVED, by the City Council of the
City of Poway at a regular meeting thereof this sixth day of
July, 1993.
Don Higginson,~yor
ATTEST.
Wahlsten, City Clerk
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.93-098 , was duly adopted by the
City Council at a meeting of said City Council held on the
sixth day of July, 1993, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, HIGGINSON
NONE
NONE
EMERY, SNESKO
Marjor~ ~. Wahlsten, City Clerk
City or.way