Item 7 - Resolution Declaring Public Nuisance Vacant Lot White Vale Lane AGe NDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James k. Bowersox, City Man
INITIATED BY: John O. Fitch, Manage4~
Reba Wright-Quastler, Director of Plan~ing Services
DATE: May g, 1995
SUBJECT: Resolution declaring a Public Nuisance to exist at vacant lot on White Vale
Lane, APN 278-301-22.
ABSTRACT
This is a public hearing pursuant to chapter 8.72 of the Poway Municipal Code to
determine whether the roofing materials that have been dumped on a vacant lot on White
Vale Lane are a nuisance and whether to order the abatement thereof pursuant to that
chapter.
ENVIRONMENTAL REVIEW
This action is categorically exempt under provisions of the California Environmental
Quality Act, Class 8: Actions by regulatory agencies for protection of the environment.
FISCAL IMPACT
All costs for abatement will be assessed to the property owner via 1995/96 tax rolls,
with a $60.00 administration fee.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was sent to neighboring property owner, Tom Claycomb and Lee
White.
RECOMMENDATION
It is recommended, that the City Council adopt the proposed Resolution, finding that the
conditions on the property constitute a public nuisance, and declaring that the City
abate the nuisance. All costs of the abatement, plus administrative costs will be
assessed to the property owner via 1995/96 tax rolls.
ACTION
E:\CITY\PLANNING\REPORT\CODE.SUM
1 of 12 gAY 91995 ITEM 7
AGENDA REPORT
CITY OF POWAY
TO: The Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City ManikinS)
INITIATED BY: John D. Fitch, Assistant City Manager~I~ _ .xjL~
Reba Wright-Quastler, Director of Plan~in~ Services
(~-
Lynn Walker, Code Compliance Officer ~
DATE: May 9, 1995
SUBJECT: Resolution declaring a Public Nuisance to exist at vacant lot
on White Vale Lane,
APN 278-301-22.
BACKGROUND:
On October 18, 1994 two notices of Public Nuisance were sent by certified mail
to the property owner Mr. Lee White concerning the dead grove at 15484 White Vale_
Lane APN 278-301-20, and for the illegal dumping of roofing materials on APN 278-
301-22. The certified copy was returned to the City on November 14, 1994 as
unclaimed. A copy was sent regular mail, which was not returned, and both
properties were posted with the notice of Public Nuisance. A letter was directed
to the property owner, Lee White, on December 8,1994 stating that he should call
the Planning Department by December 15, 1994 to discuss compliance. If the
properties were not brought into compliance this matter would be referred to the
City Council to declare these properties as public nuisances.
Mr. White did eliminate a portion of the Public Nuisance by cutting down the dead
grove on APN 278-301-20. Mr White as of the date of this report has not removed
the roofing material on APN 278-301-22. A letter dated March 7, 1995 was sent
to Mr. White again requesting compliance.
FINDINGS:
The roofing materials are located on the vacant lot on White Vale Lane, APN 278-
301-22 which constitute a public nuisance and a threat to the public health,
safety and welfare. The property owner, Mr. White has stated that he wants the
City to remove them, and to assess him via the 1995/96 tax rolls.
ACTION:
2 of 12 ~'IAY 9 1995 IY~.M ?
Agenda Report
May 9, 1995
Page 2
Environmental Impact:
This action is categorically exempt under provisions of the California
Environmental Quality Act, Class 8: Actions by regulatory agencies for protection
of the environment.
FISCAL IMPACT:
All costs for abatement will be assessed to the property owner via 1995/96 tax
rolls with a $60.00 administration fee.
RECOMM£NDATION:
It is recommended that the City Council adopt the proposed Resolution, finding
that the conditions on the property constitute a public nuisance, declaring that
the City may have the nuisance abated, and charging the cost of the abatement,
including administrative costs thereof to the owner of the property, Mr. Lee
White.
Attachments:
A. Resolution
B. Notice of intent to lien
C. Copies of three letters to Mr. Lee White dated 10-18-94,
12-8-94, and 3-7-95.
D. Copy of Notice of Public Nuisance
E. Photos
F. Location Map
JLB/JDF/RWQ/LW/kls
E:\CITY\PLANNING\REPORT\CDDE.AGN
3 of ].2 I~IAY 9 t995 IT~:~ 7 "
RESOLUTION NO. P-
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 9,
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 submit to the City Council for consideration, hearing of
objections, modification and confirmation an itemized written report showing the
cost of abatement.
4 of 12 ~:!AY 9 1995 I'rEN] ?
Resolution No. P -
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this 9th day of May, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. 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. was duly adopted by the
City Council at a.meeting of said City Council held on the 9th day of May, 1995,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
I¥1AY 9 1995
5 of 12
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, Ca 92074-0789
NOTICE OF INTENT TO LIEN
APN 278-301-22
The property of the following legal description, has been determined to be
unsafe or substandard by the City Council of the City of Poway, pursuant to
Chapter 8.72 of the Poway Municipal Code:
The City Council has determined that the roofing materials and associated
debris is a public nuisance located at vacant lot on White Vale Lane, Poway,
California. Assessor's Parcel Number 278-301-22.
The City of Poway now intends to cause the following described work to be
perfoymed upon said property to abate the unsafe and substandard conditions:
The removal of all roofing material and associated debris.
and will charge the expense of said work to the following owner of said
property :
Lee White
15484 White Vale Lane
Poway, California 92064
Failure of said owner to pay such expense will result in a lien upon said
property.
This Notice is recorded pursuant to Section 17985 of the Health and Safety
Code of the State of California, and Section 8.72.030 of the Poway Municipal
Code.
Dated: City of Poway
By
Don Higginson, Mayor
By
Marjorie Wahlsten, City Clerk
6 z2 Attachment B 9 1995 ITEM 7
DONHIGGIN$ON, Mayor k ,ITY OF POWA
BOB EMERY, Deputy Mayor
27JON y SNES KO. Councilmem bet
SUSAN CALLERY, Councilmember
MICKEY CAFAGNA. Councilmcmber
October 18, 1994
Mr. Lee White
15484 White Vale Lane
Poway, CA 92064
File #40-94
APN: 278-301-20 and 278-301-22
Dear Mr. White:
Please find enclosed two notices of Public Nuisance for the dead grove on APN
278-301-20 and for the illegal dumping of roofing material on APN 278-301-22.
Please read both notices for particulars. I have also enclosed a list of
contractors and copies of the Municipal Code Section for your convenience.
Please contact me at 679-4264 for additional information. Your cooperation is
appreciated.
Sincerely,
Kathryn A. Barbosa
Code Compliance Officer
KAB/ks
City Hall Located at 13325 Civic Center Drive }il,ay cd 19c~$ ITE~]/7
7 ot5 12 ,4ailing Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400~
CiTY OF POWA
CAFAG NA, Councilmcmbcr
ROBERT EMERY, Counc(Imcmber
BETTY REXFORD, Councilmembcr
December 8, 1994
NOTICE OF VIOLATION
Mr. Lee White
15484 White Vale Lane
Poway, California 92064
File #40-94
APN: 278-301-20 and 278-301-22
Dear Mr. White:
On October 18, 1994, Notices of Public Nuisance were sent for the dead grove on
APN 278-301-20 and the illegal dumping of roofing material on APN 278-301-22.
The certified copy was returned to us on 11-14-94as unclaimed. However, we
did mail a copy by regular mai[ in addition to posting both properties with the
Notice of Public Nuisance.
Since we have not heard from you, we can only assume that compliance has not
been obtained. I would like to take this final opportunity to request that both
properties be brought into compliance. P[ease call the Planning Department by 12-
15-94to discuss compliance. Failure to respond will leave no alternative but to
refer this matter to the City Council to declare these parcels as public nuisances.
You will be notified by the City Clerk's office of the date and time of the Council
meeting if such action proves necessary.
Sincerely,
Kath~Barbosa
Code Compliance Officer
KAB:ed
]~AY 9 1995 ITEM 7
8 of 12 City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Puway, California 92074-0789 · (619) 748-6600, 695-1400
CITY OF POWAY
N H1GG[NSON, Mayor
MICKEY CAFAGNA. CoBncilmemBer
BETTY REXFORD. Councilmember
March 7, 1995
Mr. Lee White
15484 White Vale Lane
Poway, California 92064
Dear Lee:
In order for us to clean the roofing material from your yard we need a response from
you in writing requesting the City to clean your property of the roofing material, and
put the bill on your property tax bill.
We would then obtain two different bids from contractors to clean the roofing material,
and would be on your property with the contractors to obtain the bids. The lower bid
- would do the Work and then the City would add a $60.00 administrative fee.
Failure to respond will cause this matter to be referred to the City Council to declare
this parcel of land a public nuisance.
We appreciate your cooperation, and call me if you have any questions at 679-4264.
Sincerely,
Lynn Walker
Code Compliance Officer _
~ of 12 City Hall Located at 13325 Civic Center Drive
ailino Address: PO. Box 789. Powav. California 92074-0789 · (619) 748-6600. 695-1400
NOTICE
TO CLEAN
PREMISES
CITY OF POWAY FILE ~ 40-94
679-4299
TO: Lee White
15484 White Vale Lane
Poway, California 92064
In accordance with Chapter 8.72 of the Poway MLulicipal Code, notice is
hereby given that a Public Nuisance has been determined to exist on the
property described herein, by a city employee authorized by the City
Manager to make such determination. Your attention is directed to Chapter
8.72 for particulars. Said nuisance consists of the following code
violation a~d description thereof:
8.68.160.C BURNING, BURIAL OR DUMPING.
Except as otherwise exDressly allowed by this chapter, it is unlawful and
a misdemeanor for any person to burn, bury or dump solid waste, green waste
or recyclable materials within the City at any time, unless a special
permit for such burning, burial or dtlmping has been issued pursuant to
authority conferred by the City Council. (Ord. 359 §3(part), 1992).
CORRECTIVE ACTION REOUIRED:
Please remove roofing material from property.
You have the right to a public hearing before the City Manager or his
designated representative where, as the owner of the property, you may
present evidence in defense. Said hearing must be requested in writing to
the City Manager, within ten (10) days after the mailing of this notice.
Also, be advised that you will be assessed the cost of abatement if the
City is required to abate the nuisance.
You are hereby directed to abate said nuisance within 30 days. If said
nuisance is not abated as herein directed, the law requires the City
Manager to cause abatement to be accomplished by other means. The subject
property may be sold or destroyed. You will, in that event, be billed for
the costs of such abatement, and if said bill is not paid, said costs will
in due course be assessed as a lien against the real property and the
a~ount collected in the sa~e manner as taxes.
DATED this 19th day of October 1994 BY:
Kathryn Barbosa
Code Compliance Officer
General Description (common designation) of property:
15484 White Vale Lane, Poway, California 92064
APN: 278-301-22
of Attachment D
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z~- o: ~2 Attachment E
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