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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 - 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 - '" ",- DEe 1 2 1995 ITEM 7 1 of 9 ^--_._~._".__._--_._--_. _.._---_.~--,~-_._--_.._...,,----_.,.._------ 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 J 2 of 9 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 E:\CITY\PLANNING\REPORT\COOEJEN,AGN DEe 1 2 1995 ITEM 7 3 of 9 -------..-..--------------,.-, - ---. ---_._-~._~-_.._.._-_.._- ,'.._,-, "---~'''---'-'-'---~--------'''--- 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 4 of 9 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 E:\CITT\PLAlMING\IEPORT\CCOEJEN.IES DEe 12 1995 ITEM 7 t 5 of 9 -,----- ----_._._...__..,_.~~--~---~.- 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 ~ 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 DEe 1 2 1995 IH~U 7 , 6 cf 9 ATTACHMENT B ~ (, .~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 .- l ATTACHMENT C . 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 , ~... ._--~._".,--,--_. -----_._,._._--~_._...-.~- --.._~--_._---_.,.,._._._._...._, - -_._-----~'-'_.__.,_._..._- , 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 : DEe 1 2 1995 ITEM 7 '. -- -. 8 of 9 ...... -- ATTACHMENT D - #r=- - ________ [11{['" ,.... ;; . l . : 1 . '- I , !,J ',}_ : ~ . 9 of 9 ATTACHMENT E · ITEM 7.___ ~.~'W.~___"._._' -^._~ - -------------