Res 99-023RESOLUTION NO. 99- 023
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 DILAPIDATED BUILDINGS, TRASH, PILES OF
WOOD, DIRT, AND DEBRIS
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of weeds, trash, and debris at 13016 Claire 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 March
30, 1999, 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.
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 constitute a public nuisance.
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.
Resolution No. 99- 023
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this thirtieth day of March 1999.
Mich~'~~yor
ATTEST:
Lori ~,nne Peoples, City Clerk
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. cj 9 - 023 was duly adopted by the
City Council at a meeting of said City Council held on the 30 t h day of M a r c h
,1999, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NON E
ABSENT:
EMERY
L'-6'ri Anne 15e6ples, City Cl~J~l~ v-
city of Poway
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