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
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