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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