Item 7 - Resolution Declaring Public Nuisance 15224 Jennel St.
AGENDA REPORT SUMMARY
~ TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ .,^
INITIATED BY: John D. Fitch, Assistant City Manage~/1 Jl
Reba Wright-Quastler, Director of Plan ing Services ~
DATE: December 12, 1995
SUBJECT: Resolution declaring a Public Nuisance to exist at
15224 Jennel Street
ABSTRACT
This is a public hearing pursuant to chapter 8.72 of the Poway Municipal Code to
determine whether the weeds, trash, wood, debris, and abandoned house are a nuisance
and whether to order the abatement thereof pursuant to that chapter.
ENVIRONMENTAL REVIEW
This action is categorically exempt under provisions of the California Environmental
Quality Act, Class 8: Actions by regulatory agencies for protection of the environment.
FISCAL IMPACT
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All costs for abatement will be assessed to the property owner via 1996/97 tax rolls,
with an added 560.00 administration fee.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway Chieftain prior to the Public Hearing. A copy of
this report was sent to the property owners Jose & Margarette De Anda and neighbor,
Tracey Fjelstad.
RECOMMENDATION
It is recommended that the City Council adopt the proposed Resolution, finding that the
conditions on the property constitute a public nuisance, and declaring that the City
abate the nuisance. All costs of the abatement, plus administrative costs will be
assessed to the property owners via 1996/97 tax rolls.
ACTION
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AGENDA REPORT
CITY OF POW A Y
TO: The Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ~
INITIATED BY: John D. Fitch, Assistant City Manage~\ dl
Reba Wright-Quastler, Director of Planning Services ~
Lynn Walker, Code Compliance Officer
DATE: December 12, 1995
SUBJECT: Resolution Declaring a Public Nuisance to exist at 15224
Jennel Street, APN 314-424-18
BACKGROUND
On May 12, 1995 a Notice to Clean Premises was sent by certified mail to the
property owners, Jose l Margarette De Anda concerning the weeds, debris, and
abandoned dwelling at 15224 Jennel Street. The green card from the post office
stating that they had received the certified mail was never returned to the City,
neither was the letter. Another Notice to Clean Premises was sent on August 8,
1995 and the property owners received it on 8-21-95.
Another letter was sent on 9-14-95 stating that the City would prefer that the
property owners clean their property and if they wouldn't then the City would
declare the property a public nuisance and have it cleaned. The property owners
have made no attempt to contact the City. The City tried to locate a telephone
number for the property owners, however there is not a telephone number listed
in the names of Jose l Margarette De Anda in Carson, California.
A search at the San Diego County Recorder's office on October 11, 1995 did not
reveal any liens or foreclosures against the property.
FINDINGS
The property at 15224 Jennel Street has weeds, debris, and an abandoned house
which constitute a public nuisance and a threat to public health, safety, and
welfare. We are unable to talk with the property owners.
ACTION: I
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Agenda Report
December 12, 1995
Page 2
ENVIRONMENTAL REVIEW
This action is categori ca lly exempt under provisions of the California
Environmental Quality Act, Class 8: Actions by regulatory agencies for protection
of the environment.
FISCAL IMPACT
All costs for abatement will be assessed to the property owner via 1996/97 tax
rolls with a $60.00 administration fee.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway Chieftain prior to the Public Hearing. A copy
of this report was sent to the property owners Jose & Margarette De Anda and
neighbor, Tracey Fjelstad.
RECOMMENDATION
It is recommended that the City Council adopt the proposed Resolution, finding
that the conditions on the property constitute a public nuisance, declaring that
the City may have the nuisance abated, and charging the cost of the abatement,
including administrative costs thereof to the owners of the property Jose &
Margarette De Anda.
Attachments:
A. Resolution
B. Notice of intent to lien
C. Copy of Letter to Property owners dated on 9-14-95
D. Copy of Notice to Clean Premise
E. Photos
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA DECLARING THE PROPERTY AT 15224 JENNEL STREET A PUBLIC
NUISANCE, ORDERING THE REMOVAL OF ALL WEEDS, TRASH, AND DEBRIS
WHEREAS, the officials of the City of Poway have inspected and found that
the presence of weeds, trash, debris maintained on the apparently abandoned
property at 15224 Jennel Street, Poway, California, Assessor's Parcel Number 314-
424-18, constitutes a hazard, endangering the health, safety, and welfare of the
public due to the following:
Section 8.76.030, and 8.72 of the Poway Municipal Code states that weeds, grasses
and other items are declared a public nuisance. It is unlawful and a misdemeanor
for any person to allow weeds and rubbish upon their entire private property,
which constitute a fire hazard.
WHEREAS, the City Council conducted a Public Hearing on this matter on
December 12, 1995 at which time the owner of the property was given the
opportunity to appear and present evidence why the City Council should not find
that 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
sections 38660 and 38773, Poway Municipal Code chapter 8.72 and California Health
and Safety Code sections 18901 et seq. to declare a public nuisance, and if not
corrected by the property owner within fourteen 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 owner is ordered to remove all weeds, trash, and debris in the yard.
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.
ATTACfm'IT A DEe 1 2 1995 ITEM 7
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Resolution No.
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at
a regular meeting thereof this 12th day of December 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA)
) SS.
COUNTY OF SAN DIEGO)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution, No. was duly adopted by
the City Council at a meeting of said City Council held on the day of
, 1995, and that it was so adopted by the folloWing vote: ----
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, Ca 92074-0789
NOTICE OF INTENT TO LIEN
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The property of the following legal description, has been determined to be
unsafe or substandard by the City Council of the City of Poway, pursuant to
Chapter 8.80 of the Poway Municipal Code:
The City Council has determined that the weeds, debris and trash maintained on
the apparently abandoned property is a public nuisance, located at 15224
Jennel, Poway, California. Assessor's Parcel Number 314-424-18.
The City of Poway now intends to cause the following described work to be
performed upon said property to abate the unsafe and substandard conditions:
The removal of all weeds, filled trash bags, plastic and associated debris in
the yard and will charge the expense of said work, to the following owner of
said property:
Jose I Margarette De Anda
1511 E. 218th Street
Carson, Ca 90745
Failure of said owner to pay such expense will result in a lien upon said
property.
This Notice is recorded pursuant to Section 17985 of the Health and Safety
Code of the State of California, and Section 8.80.030 of the Poway Municipal
Code.
Dated: City of Poway
By
Don Higginson, Mayor
.
By
Marjorie Wahlsten, City Clerk
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.~N HIGGINSON, Mayor CITY OF Po WAY
SUSAN CALLERY, Deputy Mayor
BOB EMERY. Counc:i1member
MICKEY CAFAGNA. Councilmember
BETTY REXFORD, Councilmember
September '!J 4, 1995
Jose & Margarette Deanda
1511 E. 218 Th Street
Carson, California 90745
Dear Mr. & Mrs. Deanda:
On May 12, 1995, a Notice of Public Nuisance was sent to you regarding the property
you own at 15224 Jennel, Poway, California. You received this notice on August 21,
1995, and were given ten days to abate the weeds and debris.
Since it has not been removed, the City can have it removed by taking the matter to
the City Council, having it declared a Public Nuisance, and having the City contractor
remove it. The City would charge you the cost of abating this nuisance plus a $60.00
administrative fee then the bill would be put on your property taxes.
We would prefer that you remove the nuisance, and enclosed is a list of contractors
your can contact to have it done. Please contact me at 679-4292, to let me know
what you would like to do.
I Thank you for your cooperation.
Sincerely,
ol;-rJ~
Lynn Walker
Code Compliance Officer
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City Hall Located at 13325 Civic Center Drive DEe 1 2 1995 ITEM 7
7 of 9 4i1iQg.Address: PO Box 789. Poway, California 92074-0789 . (619) 748,6600. 695,1400
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N 0 T I C E
T 0 C L E A N
p R E M I S E S
CITY OF POWAY FILE . 95-71
679-4292
0_; Jo.e . II8rlJerette DeIUlda
1511 B. 218th Street
Car.on, Californie 90745
In accord8nce vith Chapter 8.72 of the Povay llunicipal Code. notice i.
hereb,y lJiven that a Public Nui.ance ba. been determined to exi.t on the
property cS.eacri.bed herein, by a city IlIIIPloyee authorhed by tha City
Ilan8lJ8r to 8I8ke auch determination. Your attention i. directed to Chapter
8.72 for particular. . Said Duiaance conaiat. of the following' code
violation aDd d..criptioD thereof:
8.76.030. 8.72.0301 WBBDS AIlD IItlISANCB DllPDlBD;
The City of povay hu determined that tha veede. debri., dirty ovillladnlJ
pool, and .~~~~fted dwelling create. a potential threat to the general
health. .afety and welfere to the public.
CORRECTIVE ACTION REQUIRED: please cut down weeds, remove all debris. clean
pool and maintain property in a neat and sanitary manner.
You have the right to a public hearing before the City Manager or his
delignated representative where, as the owner of the property, you may
present evidence in detense. Said hearing must be requested in writing to
the City Manager, within ten (10) days after the mailing of this notice.
Also, be advised that you will be assessed the cost of abatement if the
City is required to abate the nuisance.
You are hereby directed to abate said nuisance within 10 days. If said
nuisance i. not abated u herein directed. the law requires the City
Manager to caus. abatement to be accomplished by other means. The subject
property may be sold or destroyed. You will, in that event. be billed for
the costs of such abatement. and if said bill is not paid, said costs will
in due course be as.essed as a lien against the real property and the
amount collected in the .ame manner a~ M
DATED this 12th day of May 1995 BY: ~
Lynn Walker
Code Compliance Officer
General Description {common deSignation} of property: 15224 Jennel
poway. Ca. 92064
Assessors Parcel Number: 314-424-18
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