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