Item 9 - Illegal Dumping in South Poway Bus. Park
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AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James 1. Bowersox, City M~
INITIATED BY: John D. Fitch, Assistant City Manager
James R. Williams, P.E" Director of Public Services if
Annette R. Gonzalez, Sr. Management Analyst~
DATE: October 3,1995
SUBJECT: Response to Citizen's Inquiry Concerning Illegal Dumping in the South Poway Business
Park
ABSTRACT Staffwas directed to follow-up on Mr. Roger Willoughby's inquiries at the September 19,
1995 meeting about illegal dumping at the South Poway Business Park. City crews cleaned-up the property
in question. The City is responsible for the clean-up of illegal dumping upon public property and along the
public right-of-ways in the Business Park and throughout the Community. Crews will continue to visually
- inspect areas for illegal dumping while in the field. Property owners are responsible for the prevention and
removal of illegal dumping on private property. Code compliance staff enforce this requirement, and will
also conduct periodic inspections of the Business Park. In the future, Staff may initiate public nuisance
abatement procedures if a property owner fails to maintain his property and it becomes a hazard to the
public health, safety, and welfare. Staff recommends that the City Council receive and file this report.
E~RONMENTALRE~EW
This item is not subject to CEQA review.
FISCAL IMPACT
There is no fiscal impact associated with this information item.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report will be provided to Mr. Roger Willoughby
RECOMMENDATION
Staff recommends that the City Council receive and file this report.
ACTION
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1 of 3 oen 1995 nEM 9
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AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
James 1. Bowersox, City Man~ -
FROM:
INITIATED BY: John D. Fitch, Assistant City Manager ~
James R. Williams, P.E., Director of Public Service
Annette R. Gonzalez, Sr. Management Analyst
DATE: October 3,1995
SUBJECT: Response to Citizen's Inquiry Concerning Illegal Dumping in
the South Poway Business Park
BACKGROUND
At the September 19, 1995 City Council meeting Mr. Roger Willoughby addressed the City
Council and expressed concern about illegal dumping in the South Poway Business Park. Staff
was directed to investigate and report back to the City Council on this matter.
FINDINGS
There have been frequent incidents of illegal dumping at the South Poway Business Park. Illegal
dumping is occurring on both public property and private property.
It is the City's responsibility to keep all public property and public right-of-ways clear of debris
and obstructions for the health, safety, and welfare of the general public. Illegal dumping at the
South Poway Business Park is commonly occurring along the curbline, which is in the public
right-of-way. City maintenance crews are immediately scheduled to clean up the debris in the
public right-of-ways when reports are received from the Sheriff's Department volunteer patrol or
a citizen, or when crew members themselves see accumulation of debris or refuse in the public
right-of-ways while out in the field.
The clean-up and prevention of illegal dumping occurring on private property throughout the
South Poway Business Park are the responsibility of the property owners. It is incumbent upon
private property owners to ensure that their property, whether it is developed or undeveloped, is
free of debris or refuse. If the City observes or receives a report that dumping or accumulation
ACTION:
2 of 3 OCT 3 1995 ITEM 9 ,..
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- Response--Illegal Dumping at
South Poway Business Park
October 3,1995
Page 2
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of refuse and debris is occurring on a property, code compliance staff is responsible for notifying
the property owner and requesting that the property be cleared. When notifying a property
owner, code compliance staffwill also encourage the person(s) to take the necessary measures to
prevent access to the property, particularly vacant property, so as to discourage illegal dumping.
If a property owner fails to keep the property clear of refuse and debris, there is a procedure
outlined in the Municipal Code whereby the City Council may declare the property a public
nuisance, have the property cleaned up, and a place a lien on the property to recover the cost of
the clean-up. ,.
The property Mr. Willoughby expressed concern about is private property that went into
foreclosure. Maintenance crews have cleaned up the site and will continue to conduct periodic
inspections to ensure that no debris is accumulating on the site and other public property and
public right-of-ways in the area.
Code compliance staff will also conduct periodic drive-throughs of the area and inspect privately
- owned properties for illegal accumulation of refuse or debris. In the future, Staff will initiate .
nuisance abatement procedures to recoup the cost of clean-up of illegal dumping on privately
owned properties where the property owner fails to take responsibility for prevention and clean-
up, and the property is determined to be a public health and safety hazard.
ENVIRONMENTAL REVIEW
Tbis item is not subject to CEQA review.
FISCAL IMP ACT
There is no fiscal impact associated with this information item. However, Staff wishes to point
out that if nuisance abatement proceedings are initiated in the future, the City will be required to
expend City funds for the clean-up (either in-house or by contract) and seek recovery of the cost
of the clean-up by placing a lien on the private property involved.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report will be forwarded to Mr. Roger Willoughby.
RECOMMENDATION
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Staff recommends that the City Council receive and file this report.
ITEM 9 I
3 of 3 'OCT 3 1995