Res 93-166 RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND
DECLARING CERTAIN PARCELS OF POWAY
TRACT 86-01 , UNITS #1 AND #2 A PUBLIC NUISANCE, ORDERING
THE COMPLETION OF NECESSARY WORK AND THE RECOVERY OF
VARIOUS EXPENSES DIRECTLY ASSOCIATED
WITH THAT NUISANCE
(APN' s 321-410-01 through -27, -29, and -34 through -38)
WHEREAS, on November 30, 1993, the Poway City Council conducted a public
hearing at which evidence and objections regarding whether substandard
conditions and a public nuisance exist upon, or as a result of uses or
operations at, the above described property, and whether civil penalties
should be imposed; and
WHEREAS, the decision of the City Council is based upon the testimony
presented at the public hearing, any and all evidence presented during the
public hearing and the documentary evidence included in the City Council
Agenda Report as presented to the City Council at the public hearing; and
WHEREAS, the Subdivision Agreement executed by the developer of
Huntington Gate Subdivision obligates the developer to certain improvements
that have not been carried out in a timely manner; and
WHEREAS, Title 16 of the Poway Municipal Code obligates the
owner/developer of the property in question to protect the health, safety, and
welfare of surrounding properties; and
WHEREAS, Chapter 8.72 of the Poway Municipal Code provides a procedure
for abatement of nuisances which threaten the public health, safety, and
welfare.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY
AS FOLLOWS:
SECTION 1 : The foregoing recitations are true and correct.
SECTION 2: The City Council finds as follows:
A. The property owner has substantially failed to abate the substandard
conditions and public nuisance constituting a threat to the public health and
safety. The officials of the City of Poway have continuously, over a four year
period, inspected the property known as Huntington Gate Subdivision, Poway
Tract 86-01 , Units #1 and #2. The conditions have and continue to constitute a
hazard, endangering the health, safety, and welfare of the occupants and the
public due to, but not limited to, the following:
1 . Damages due to inadequate erosion control which have occurred or will
continue to occur on this property and adjacent properties. These
damages have not been adequately repaired by the developer.
2. Necessary required subdivision improvements have not been completed
by the developer in a timely manner.
ATTACHMENT 8
NOV 3 0 1993 ITEM 6 • '
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Resolution No. 93- 166
Page 2
3. The resultant continuing damages brought about by the lack of timely
improvements and repairs.
SECTION 3:
The City Council elects to proceed pursuant to California Government Code
Sections 38660 and 38773, Poway Municipal Code Chapter 8.72 and Title 16, and
California Health and Safety Code Sections 18901 et seq. to declare a public
nuisance, and to abate the above-described conditions on the property.
SECTION 4:
A. For the reasons stated above, the City Council finds that substandard
conditions and a public nuisance exist on the above-referenced property and
hereby orders the abatement to be completed no later than December 15, 1993.
B. The acts necessary to abate the substandard conditions and public nuisance
shall be as follows:
1. Complete installation of all required grading and improvements as
shown on the approved plans and as listed in the inspectors' "punch
lists".
2. Repair all damages to adjacent properties as previously directed in
project correspondence dated January 17, 1990, March 6, 1990, August 14,
1990, and October 1, 1993.
3. Provide proper monumentation of all open space and trail areas.
C. If the substandard conditions and public nuisance are not abated as
provided in this Resolution, the City Manager will take all necessary action
to cause the abatement thereof, and the expense of the abatement shall
constitute a lien against the above-described property and a personal
obligation of the person(s) causing and creating the substandard conditions
and public nuisance.
SECTION 5:
The City Manager may cause a copy or copies of this Resolution to be
conspicuously posted as the City Manager may deem necessary.
SECTION 6:
The City or its agent shall keep an accurate account of the costs of
abatement, both past and future.
Resolution No. 93- 166
Page 3
SECTION 7:
The City Clerk is hereby directed to:
1. Mail a copy of this Resolution, by first class mail, to the owner of
the above-described property as shown in the last equalized assessment
roll;
2. Post a copy of this Resolution at a conspicuous place on the above-
described property.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California at a regular meeting thereof this 30th day of November, 1993.
ATTEST:
Marjorie )~. Wahlsten, City Clerk
SlAI£ O[ ¢^LI[ORNI^ )
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. 93-166
was duly adopted by the City Council at a meeting of said City Council held on
the 30th day of November , 1993, and that it was so adopted by the
following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie K. Wahlsten, City Clerk
City of POway