Res 97-066RESOLUTION NO. 97-066
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE VACANT LOT ON LA MANDA DRIVE
A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL TRASH, AND DEBRIS
ASSESSOR'S PARCEL NUMBER 314-370-25
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of trash, debris, junk on the vacant property on La Manda Drive, Poway,
Califomia, Assessor's Parcel Number 314-370-25, constitutes a hazard, endangering the
health, safety, and welfare of the public due to the following:
Section 8.72 of the Poway Municipal code states that the junk, trash, and
miscellaneous debris are declared a public nuisance. It is unlawful and a misdemeanor
for any person to allow trash and debris to be scattered around the property which children
are playing in causing hazardous conditions.
WHEREAS, the City Council conducted a Public Hearing on this matter on July 1,
1997 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
following due promulgation of notices as required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
HEREBY FIND, RESOLVE, DETERMINE AND ORDER 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.
The City Council elects to proceed pursuant to the California Government code section
38773, and Poway Municipal Code Chapter 8.72 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 renders the premises unsafe and
substandard and therefore constitute a public nuisance.
Section 4
The property owner is ordered to remove all trash, and debris. If the violation is 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.
Resolution No. 97-o66
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this 1st of July, 1997.
Don Higginson, I~l~yor
ATTEST:
Marjori~._~ Wahlsten, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution, No. 97-066 was duly adopted by
the City Council at a meeting of said City Council held on the 1st day of Jul ¥
,1997, and that it was so adopted by the following vote:
AYES: CAFAGNA,
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
GOLDBY,
REXFORD, HIGGINSON
Marjorle I~ Wahlsten, City Clerk
City o Pf~ay