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Res 02-114RESOLUTION NO. 02-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DECLARING THE PROPERTY AT 13110 VIA DEL TORO A PUBLIC NUISANCE, ORDERING THE REMOVAL OF ALL TRASH, JUNK, MISCELLANEOUS DEBRIS, AND AN INOPERABLE VEHICLE ASSESSOR'S PARCEL NUMBER 275-360-13 WHEREAS, the officials of the City of Poway have inspected and found that the presence of trash, junk, miscellaneous debris, and an inoperable vehicle at 13110 Via del Toro, Poway, California constitutes a hazard, endangering the health, safety, and welfare of the public due to the following: WHEREAS, Section 8.72 of the Poway Municipal Code states that the trash, junk, miscellaneous debris and inoperable vehicle are declared a public nuisance. It is unlawful and a misdemeanor for any person to allow trash, junk, miscellaneous debris, and inoperable vehicles to be on a property. WHEREAS, the City Council conducted a Public Hearing on this matter on October 29, 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 'trash, junk, miscellaneous debris, and inoperable vehicle. If the violations are 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. 02-114 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 29th day of October 2002. ATTEST: r~e Peoples, City Cl~rk MichaeT'P. Cafag ~yor 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.02-114was duly adopted by the City Council at a meeting of said City Council held on the 29th day of October 2002 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, GOLDBY, REXFORD, CAFAGNA NONE NONE HIGGINSON V'[ori~,nne Peoples, City Cl~rk City of Poway