Item 8 - Resolution Declaring Public Nuisance 13136 Ridgedale Dr
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AGENDA REPORT SUMMARY
- Honorable Mayor and Members of the City Council
TO:
FROM: James L. Bowersox, City Man~ ~
INITIATED BY: John D. Fitch, Assistant City Manage~rt ~
Reba Wrlght-Quastler, Director of Plan ing Services
DATE: August 1,1995
SUBJECT: Resolution declaring a Public Nuisance to exist at
13136 Ridgedale Drive, Assessor's Parcel Number: 317-460-15
ABSTRACT
This is a public hearing pursuant to chapter 8.72 of the Poway Municipal Code to
determine whether the junk accumulated at 13136 Ridgedale Drive is 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.
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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 owners Frank and Beulah Zbiral and to neighboring
property owners.
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
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E:\CITY\PLANNING\REPORT\CODE.SUM
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AGENDA REPORT
CITY OF POW A Y
TO: The Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ r
~x
INITIATED BY: John D. Fitch, Assistant City ManagerC1,\ \ ~
Reba Wright-Quastl er, Di rector of Pl anrH ng Servi ces .
Lynn Walker, Code Compliance Officer
DATE: August I, 1995
SUBJECT: Resolution declaring a Public Nuisance to exist at 13136
Ridgedale Drive, Poway, Ca. 92064
APN 317-460-15
BACKGROUND:
On May 3, 1994 a notice of Public Nuisance was sent by certified mail to the
property owners Frank J. & Beulah F. Zbiral, concerning the accumulation of junk
at 13136 Ridgedale Drive. The property was then cleaned by the City of Poway.
Staff responded to another complaint on February 21, 1995 and again there was an
accumulation of junk and debris on the property. A notice to Clean Premises
letter was directed to the property owners on March 1, 1995 stating that they
should clean the property within thirty days. Subsequent inspections revealed
that some of the property had been cleaned. Mr. Zbiral stated he would clean
the property, and on April 20, 1995 an extension was given until May 20, 1995 as
he appeared to be making an effort to have the property cleaned. An inspection
on May 22, 1995 revealed that there was still substantial junk and debris on the
property.
Mr.Zbiral did eliminate a portion of the Public Nuisance by removing some of the
junk in his yard, and is cooperative. However, he appears to keep collecting,
and has difficulty parting with the junk.
FINDINGS:
The yard at 13136 Ridgedale has an accumulation of junk including cardboard
boxes, plastic conhiners, baskets, wood, and miscellaneous debris which
constitute a public nuisance and a threat to the publ ic health, safety and
welfare.
ACTION:
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AUG 1 1995 I1i:M 8
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- Agenda Report
August 1. 1995
Page 2
ENVIRONMENTAL REVIEW:
This action is categorically exempt under provisions of the Cal ifornia
Environmental Quality Act, Class 8: Actions by regulatory agencies for protection
of the environment.
FISCAL IMPACT:
All costs for abatement if not paid directly, 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 owners Frank and Beulah Zbiral and to
neighboring property owners.
RECOMMENDATION:
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 owners of the property, Frank &
Beulah Zbiral
Attachments:
A. Resolution
B. Notice of intent to lien
C. Copy of Notice To Clean Premises dated March I, 1995
D. Photos
E:\CITY\PLAHHIHG\REPORT\COOE,AGH
AUG 1 1995 ITEM 8
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTY AT 13136 RIDGEDALE DRIVE
A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL JUNK
AND ASSOCIATED DEBRIS.
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of junk, including cardboard, rubbish, plastic, wood and debris on the
property at 13136 Ridgedale Drive, Assessor's Parcel Number 317-460-15, Poway,
California, constitutes a hazard, endangering the health, safety and welfare of
the occupants and the public due to the following:
Section 8.80.030 of the Poway Municipal Code states that it is unlawful and a
misdemeanor for any person to accumulate junk, or permit junk to be accumulated
on a lot used for residential purposes or on a lot adjacent to a lot used for
residential purposes. Such accumulation does constitute a danger or potential
danger to public health, safety or welfare.
Whereas, a duly noticed public hearing before the City Council was held August
1, 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
accumulation of junk and debris 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:
Sect i on 1: The City Council finds that the accumul at i on of junk and debri s,
including cardboard and plastic containers identified above constitutes an
immediate 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 Chapters 8.72 and 8.80 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 violations render the
premises unsafe and substandard and therefore constitute a public nuisance.
Section 4: The property owner is ordered to remove all junk, and associated
debri s, including cardboard and plastic containers. 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 8 A TT ACHMENT A AUG 1 1995 ITEM 8
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Resolution No.
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at a
regular meeting thereof this Ith day of August 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 1st day of August,
1995, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Cl erk
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, Ca 92074-0789
NOTICE OF INTENT TO LIEN
APN 317-460-15
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 8.80 of the Poway Municipal Code:
The City Council has determined that the junk and associated debris is a
public nuisance located at 13136 Ridgedale Dr. Poway, California. Assessor's
Parcel Number 317-460-15.
The City of Poway now intends to cause the following described work to be
performed upon said property to abate the unsafe and substandard conditions:
The removal of all junk and associated debris, including cardboard, plastic
containers and pieces of wood, etc.
and will charge the expense of said work to the following owner of said
property :
Frank & Beulah Zbiral
13136 Ridgedale Dr.
Poway, Ca 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
Attachment B AUG 1 1995 ITEM 8
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r N I C E
T 0 C L E A N
P R E M I S E S , /
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CITY OF POWAY FILE # 95-26
679-4292
OWNER: Prank J jr, " Beulah Zbiral
13136 RiQgedale Drive
Poway, California 92Q64
n accordance with Chapter 8.72 of the poway Municipal Code, notice is
here!ly given that a Public Nuisance has been dete=ined to exist on the
property described herein, by a city employee authorized by the City
Kanager to make such determination. Your attention is directed to Chapter
8.72 for particulars. Said nuisance consists of the following code
violation and description thereof:
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- SECTION 8.80 ACCOHtlLATION OP JUNK: No person shall accumulate junk on a
lot used for residential purposes. Junk shall include, but is not limited
to, trash; refuse; paper; glass cans; bottles; rags; fabrics; bedding;
ashes I . tri.mmi.ngs from laws; shrubbery or trees; except when used for mulch
or agricultural purposes; household refuse other than garbage; lumber;
. metal, plumbing fixtures; bricks; building stones; plaster; wire or like
. materials from the demolition, alteration or construction of buildings or
. structures; tires or inner tubes;auto, aircraft or boat parts; plastic or
f metal parts or scraps; damaged or defective toys; recreational equipment or
household appliances or furniShings, whether or not repairable.
CORRECTIVE ACTION REQUIRED' Please remove all iunk. material. etc. from the
rear. aide and front yards.
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 lIlanager, 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 hereQy directed to abate said nuisance within 30 days. If sliid
nuisance ~s not abated as herein directed, the law requires the City
Ilanager to cause abatement to be accomplished by other means. 'rhe subject
property may.be sold or destroyed. You will, in that event, be billed for
the coats of such abatement, and if said bill is not paid, Baid costs will
in due course be assessed as a lien against the real property and the
amount collected in the same manner ~
DATED this 1st day of lIlarch 1995 BY: It~
Lynn Walker
Code Compliance Officer
General Description {common designation} of property: 13136 Ridgedale Drive
Poway, Ca. 92064
- Assessors Parcel Number: 317-460-15
r
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~ 1995
7 of 8 Attachment C
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