Res 02-098RESOLUTION NO. 02-098
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE PROPERTIES AT 11673 CREEK ROAD A PUBLIC NUISANCE
ORDERING THE REMOVAL OF ALL DILAPIDATED STRUCTURES, DRY WEEDS
AND VEGETATION, TRASH, JUNK AND MISCELLANEOUS DEBRIS
ASSESSOR'S PARCEL NUMBERS 320-021-01 AND 320-021-02
WHEREAS, the officials of the City of Poway have inspected and found that the
presence of dry vegetation and weeds, trash, junk, miscellaneous debris, and
dilapidated structures at 11673 Creek Road, 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 dry
vegetation and weeds, trash, junk miscellaneous debris, and dilapidated structures are
declared a public nuisance. It is unlawful and a misdemeanor for any person to allow
dry vegetation and weeds, trash, junk, miscellaneous debris, and dilapidated structures
to be on a property causing hazardous conditions.
WHEREAS, the City Council conducted a Public Hearing on this matter on
August 6, 2002, at which time the owners of the property were 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 owners 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 violations render the premises
unsafe and substandard, and therefore constitute a public nuisance.
Section 4: The property owners are 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.02-098
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 6th day of August 2002.
Michael P. Cafag~
ATTEST:
ayor
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 02-098was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of August 2002 and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
LorJ Anne Peoples, City (~lerk
City of Poway