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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 • ' L2 of 15 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