Res 95-030RESOLUTION NO. 95-030
RESOLUTION DECLARING THE VACANT LOT
ON WHITE VALE LANE APN: 278-301-22
A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL
ROOFING MATERIAL AND ASSOCIATED DEBRIS.
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of junk and debris on the vacant property on White Vale Lane, Assessor's
Parcel Number 278-301-22, Poway, California, constitutes a hazard, endangering
the health, safety and welfare of the occupants and the public due to the
following:
Section 8.68.160 C of the Poway Municipal Code states that it is unlawful and a
misdemeanor for any person to dump solid waste, within the City at any time
unless a special permit has been issued pursuant to authority conferred by the
City Council. The maintenance of used roofing materials and associated debris on
a lot in view of other residential property constitutes a public nuisance.
Whereas, a duly noticed public hearing before the City Council was held May g,
1995 at which time the owner of the property was given the opportunity to appear
and present evidence, why the City Council should not find that the violation
existing on the subject property constitutes a public nuisance, and why abatement
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 violation identified above constitutes
a danger to the health, property, safety and welfare of the public.
Section 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 within fourteen days of the date of this
public hearing to abate the above described conditions on the property.
Section 3: The City Council declares that the identified violation render the
premises unsafe and substandard and therefore constitute a public nuisance.
Section 4: The property owner is ordered to remove all roofing material and
associated debris. If the violation is not corrected 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 5: The City or its agent shall keep an accurate account of the cost of
abatement and shall submi~ to the City Council for consideration, hearing of
objections, modification and confirmation an itemized written report showing the
cost of abatement.
Reso]ution No. 95-030
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this gth day of May, 1995.
ATTEST:
Don Higginson,
rjorie~. 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.
95-030 was duly adopted by the City Council at a meeting of said City Council
held on the gth day of Nay, 1995, and that it was so adopted by the following
vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~(arjorie K. Wahlsten, City Clerk
City of Poway