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Item 4 - Resolution Declaring Public Nuisance 13136 Ridgedale Dr - -, AGENDA REPORT SUMMARY _ TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ ~ INITIATED BY: John D. Fitch, Assistant City Manage~ ~ Reba Wright-Quastler, Director of Planning 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. - 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 Continued to August 15, 1995. 5-0. l;/ci~ .~ /~ Marie Lofton, Deputy City Clerk - - - II E:\CITY\PLANNING\REPORT\CODE.SUM AUG 1 5 1995 IT~ 1 of 8 AUG 1 1995 IT M 4 8 '..I --------------------- ------- .- AGENDA REPOR l' CITY OF POW A Y TO: The Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ r INITIATED BY: John D. Fitch, Assistant City ManagerC1K)~ ~ Reba Wright-Quastler, Director of Plan~ng Services Lynn Walker, Code Compliance Officer DATE: August 1, 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 containers, baskets, wood, and miscellaneous debri s whi ch constitute a publ ic nuisance and a threat to the publ ic health, safety and welfare. ACTION: I - , - See Summary Sheet AUG 1 5 1995 ITE 2 of 8 AUG 1 IH:.M 8 1995 - - -'" Agenda Report August 1, 1995 Page 2 ENVIRONMENTAL REVIEW: This action is categorically exempt under provisions of the Cal i fornia 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 1, 1995 D. Photos E:\CITY\PLANNING\REPORT\COOE.AGN - -- - AUG 1 5 1995 ITEM 4 rl AUG 1 1995 ITEM 8 3 of 8 ---- - -- 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 Counci 1 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 COUNC I L OF THE CITY OF POWA Y AS FOLLOWS: Section 1: The City Council finds that the accumulation of junk and debris, including cardboard and plastic containers ident i fi ed 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 publ ic 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 debris, 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 pf 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. AUG 1 5 1995 rwl'u 4 ", :,1 4 of 8 ATTACHMENT A AUG 1 1995 8 - - -- 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 -- AUG 1 5 1995 ITEM 4 , :; of 8 AUG 1 1995 ITEM 8 - - 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 317-460-1.5 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 - AUG 1 5 1995 ITEM 4 Attachment B AUG 1 1995 ITEM 8 6 of 8 C E - N oar I (' T 0 C L E A N P R E M I S E S /~ CITY OF POWAY FILE i 95-26 679-4292 OWNER: Prank J jr. . Beulah Zbiral 13136 Ridgedale Drive Poway, California 9206' n accordance with Chapter 8.72 of the poway Municipal Code, notice is hereby given that a Public Nuisance has been determined to exist on the property described hereio, by a. city eIlIJloyee authorized by the City KanaO'er 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: , SEC'rION 8. 80 ACClJIlltlLATION OP JUNK: No person shall accumulate junk 00 a !""" lot used for residential purposes. Junk shall include. but is not limi ted \ to. trash; refuse; paper; glass cans; bottles; rags; fabrics; bedding; ashea; . trimmings from laws; shrubbery or trees; except wben 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;&uto, 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 REOUIRED' Please remove all iunk. material. ete from the rear. Ride and front vards 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 sOlid nuisance is not abated as herein directed, the law requires the City Manager to cause abatement to be accomplished by other means. The subj ect I property may ,be sold or destroyed. You will. in that event. be billed for the costs ot such abatement. and if said bill is not paid. said costs will in due course be a.sesBed as a lien against the real property and the amount collected in the same manner ~ DATED this 1st day of March 1995 BY: ft~ Lynn Walker Code Compliance Officer . General Description (common designation) of property: 13136 Ridgedale Drive Poway, Ca. 9206' : - Assessors Parcel 5umber: 317-'60-15 "- , AUGl5 1995 P'WE~ I ~, 8 , UG 1 1995 7 of 8 Attachment C ~. , I . .. ~'t ~) . .~ : . . , , .. ~ ~ , \~ c ~ . -0 . , . . , ~, / .-, , -" - -..,r~- -~ . -.... _.c- _ ~ _........... : -. .- -~---~~ -=: - -. ... . . - - f - , '. .., ...".. . .~ ~"'...~- .-. . '- '. . . . --. - . . l..' _, -" .. .. .. .. #,.-':. .. ~~ . ". -- - '. . . ("~..~ '- ~ '- r . ... ,- . . . .. : . :