Res 98-107RESOLUTION NO. 98-107
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT 14654 EVENING STAR DRIVE A PUBLIC
NUISANCE, ORDERING THE REMOVAL OF ALL WEEDS, TRASH AND DEBRIS
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of weeds, trash and debris at 14654 Evening Star Drive, Poway, California
constitutes a hazard, endangering the health, safety, and welfare of the public due to the
following:
WHEREAS, Sections 8.72 of the Poway Municipal Code states that the weeds,
trash and miscellaneous debris are declared a public nuisance. It is unlawful and a
misdemeanor for any person to allow weeds, trash, and debris to be on a property causing
hazardous conditions.
WHEREAS, the City Council conducted a Public Hearing on this matter on
December 8, 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 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.
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such protest must be in a manner that complies with Section 66020.
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, and if not
corrected by the property owner within seven 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 constitutes a public nuisance.
Resolution No. 98- 107
Page 2
Section 4:
The property owner is ordered to remove all weeds, 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.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this 8th day of December 1998.
ATTEST:
L'-6'ri ~Anne Peoples, City Cl&k
a, layer
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution, No. 98- 107 was duly adopted by the
City Council at a meeting of said City Council held on the 8th day of December
,1998, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~-7[Anne Peoples, City Clerk
City of Poway
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