Res 98-057RESOLUTION NO. 98-057
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT 13016 CLAIRE DRIVE
A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL
TRASH, JUNK, AND DEBRIS
ASSESSOR'S PARCEL NUMBERS 323-060-08, & 09
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of trash, junk, and debris at 13016 Claire Drive, Poway, California, Assessor's
Parcel Numbers 323-060-08, & 09, constitutes a public nuisance.
Chapter 8.72 of the Poway Municipal Code states that the trash, junk, 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 causing
hazardous, and unhealthy conditions.
WHEREAS, the City Council conducted a Public Headng on this matter on June 2,
1998 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.
Section 2:
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, if not
corrected by the property owner immediately.
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 miscellaneous 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. 98-057
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this 2nd day of June 1998.
Don Higginson, Mayor
ATTEST:
L~rilAnne P~0ples, A~sistar~t City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, Assistant City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution, No. 98-057 was
duly adopted by the City Council at a meeting of said City Council held on the
2nd day of June ,1998, and that it was so adopted by the
following vote:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~t~o~wP;;ples, Assist~r~ City Clerk
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