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Res P-91-81 RESOLUTION NO. P-91-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA REVOKING CONDITIONAL USE PERMIT 91-02 AND DECLARING THE PROPERTY AT THE NORTHEAST CORNER OF POWAY ROAD AT OLIVE TREE LANE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE NUISANCE BY REMOVAL OF ALL BUILDING MATERIALS AND DEBRIS FROM THE PREMISES ASSESSOR' S PARCEL NUMBERS 323-190-58, 64 I WHEREAS, the officials of the City of Poway have inspected and found that the property at the northeast corner of Poway Road and Olive Tree Lane, Poway, California, constitutes a hazard endangering the health, safety, and welfare of the surrounding residents and the public due to the following: 1. The building formerly known as the "Whiskey Creek" restaurant building had been allowed to remain in a deteriorating condition, and subsequently has been partly demolished . 2. Most of the building materials and part of the structure are still remaining on the site and have been allowed to remain on the property in a hazardous condition, in such a manner as to be accessible to neighborhood children. 3. Debris from this site has been spread to other nearby properties causing their owners to complain about litter as well as the unsightly appearance of the lot. WHEREAS, Condition No. 14 SITE DEVELOPMENT of Resolution P-91- 31, which required "renovation of the building in order to render it safe shall commence no later than 60 days from this approval" has not been satisfied . WHEREAS, City staff has contacted the property owner on numerous occasions, both verbally and in writing, seeking compliance with the cleanup requirements and safety concerns relating to the site, to which no adequate response has been received from the owner. WHEREAS, a duly noticed public hearing before the City Council was held on November 26 , 1991 , at which time the owner of the Property was given the opportunity to appear and present evidence, require sworn testimony and cross-examine witnesses to present anasons why the City Council should not find that the violations t0 beonditions existing on the subject property caused the premises Whounsafe and substandard and constitute both a violation of the �isions of the conditional use permit and a Y abatement repair and correctionpublic nuisance, and P should not be required. Resolution No. P-91-81 Page 2 NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows : Section 1 : The City Council finds that the violations identified above constitute conditions requiring a declaration that the premises are unsafe and substandard, and that being in violation of conditions of approval of Conditional Use Permit 91-02, the conditional use permit is hereby revoked . Section 2 : The identified violations constitute an immediate danger to the life, limb, health, property, safety, and welfare of the public. 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 City Council elects to proceed pursuant to California Government Code Sections 38660 and 38773 , Poway Municipal Code Chapter 8 . 72 and California Health and Safety Code Sections 18901 et sequitur to declare a public nuisance, and if not corrected by the property owner with properpermits an inspections within ten (10) days of the date of this ublic hearing, to abate the above-described conditions on the Property. Section 5 : The property owner is ordered to remove all buildingdebri including all fencing, and scrape the site to bare arth s® clean, cleared concrete slab. and Section 6 • The City or its agent shall keep an accurate account f Cost of abatement and shall submit to the Cit Council the consideration, hearing of objections y for an itemized written re o modification and aconfirmation, ry for the City or its agent batement should it become necessary P rt showing the cost of ° Perform such work. Said cost, City shall be assigned to the owner�f not reimbursed to the r Resolution No. P-91-81 Page 3 APPROVED AND ADOPTED, by the City Council of the City of poway, State of California, this 26th day of November, 1991 . 1---- 7\1— 61t/(j( '\. Ja Gol• mith, Mayor ATTEST: , , K 7 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 the penalty of perjury, that the foregoing Resolution, No. P-91-81 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of November 1991 , and that it was so adopted by the following vote: AYES: EMERY, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: H I GG I NSON Lih , -Lt_ I. l,:etA-51 ,--- Marjorie K. Wahlsten, City Clerk City f away M2CUP9102.RES r V