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HomeMy WebLinkAbout2024-11-19; City Council; Resolution 2024-260Exhibit 1 Nov. 19, 2024 Item #10 Page 10 of 106 RESOLUTION NO. 2024-260 A RESOLUTION OF THE CITY COUNCIL OIF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT THE CONDITIONS ON PRIVATE PROPERTY LOCATED AT 2921 ROOSEVELT STREET (APN 203-292-10-00) CONSTITUTE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE PUBLIC NUISANCE PURSUANT TO CHAPTER 6.16 (PUBLIC NUISANCES AND PROPERTY MAINTENANCE) OF TITLE 6 {HEALTH AND SANITATION) OF THE CARLSBAD MUNICIPAL CODE WHEREAS, after holding a public nuisance abatement heariing on the date of this resolution, the City Council of the City of Carlsbad finds the following facts as set forth in this resoilution; and WHEREAS, the property located at 2921 Roosevelt Street (APN 203-292-10-00) ,("the Property") is owned by The 2921 Roosevelt Ltd., a California business trust dated March 19, 2001, Samuel KelsalU V as Executive Trustee ("Property Owner") and mortgagees Amerkan F:irst Federal Inc., American Securities Company, CDC Small Business Finance Corp., and U.S. Small Business Admin1istration, Fresno Commercial Loan Servicing Center; and WHEREAS, the City of Carlsbad Code Enforcement Division has prov1ided substantial evidence of public nuisance-related complaints on the property dating back to 2014 when code offioers discovered junk and debris at the rear of the main building, as well as ,evidence of habitation in the storage shed structures at the rear of the building; and WHEREAS, the City of Carlsbad Code Enforcement Division has prov1id.e-d substantial evidence that between 2014-2024 the Property Owner was noticed and cited for several municipa'I code violations including junk accumulation, expired business lioense, unauthorized alterations, r,ep.airs, additions and changes of occupancy to existing buildings and structures, prohibiited temporary storage containers, operation of an amusement game arcade without the reqtlisite Village rev:iew permit and an unpermitted sign advertising the arcade, unauthorized parking of a recreation vehicle, unauthorized bee apiary and public nuisance; and WHEREAS, the City Council finds that Property Owner challenged some of these violations in an appeal filed on April 8, 2016. On appeal, the administrative hear,ing officer found that the city had established the violations alleged in the final notice of vioilation and found that the property's condition, including trash, junk and debris and the dilapidated condition of the structures and unlawful activities constituted a public nuisance dangerous to the health and welfare of th,e publ1ic. The administrative hearing officer also found that by the time of the hearing the Property Owner had brought the property into compliance; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that similar nuisance conditions had returned to the Property by March 2019 when the city received a complaint that junk was being stored on the property; further investigation revealed a potentially inoperable vehicle in the rear of the property, an RV/camper vehicle parked in the rear of the property for several days with an electrical cord running into a storage shed structure, a truck containing a makeshift camper in the truck bed area, old car parts, boxes and other items covered by tarps in the back yard, a soda vending machine, and air conditioning units in the storage shed structures; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that the City attempted to resolve the 2019 code violations and nuisance conditions through a code compliance agreement, which was effective until Dec. 30, 2023. Ultimately, by May 12, 2022, the violations were substantially corrected with a few vending machines remaining on site and a few bulky items kept under a tarp in the rear area of the property which the property owner agreed to move into the storage shed structures or elsewhere; Property Owner also provided contractor certifications that the electrical, plumbing, and mechanical systems inside the storage shed structures satisfied the applicable code requirements given the age of the structures; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that since at least July 2023, new nuisance conditions have arisen on the property as well as nuisance conditions persisting from previous code cases; that these nuisance conditions were observed after the fire department responded to a fire to a tree in the rear of the Property, just outside one of the storage unit structures; and that these nuisance conditions included an unpermitted basement beneath one storage units that contained an unpermitted HVAC system, exposed wiring, and evidence of habitation including mattresses, trash, and other personal items; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that Propery Owner received a notice of violation on September 12, 2023, for the July 2023 nuisance conditions, and that these violations were not resolved until May 17, 2024, after multiple follow-up code enforcement inspections; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that new and recurring public nuisance and substandard housing violations were discovered on August 16, 2024, including: railings and wood flooring on the front porch of the main structure in disrepair and Nov. 19, 2024 Item #10 Page 11 of 106 unsafe to stand on; damaged door lock and hasp on one wooden storage shed structure in the rear of the property that continues to fail and results in trespassers dwelling in the storage shed structure that is not designed for human habitation; broken skylight in one of the storage shed structures; evidence of human habitation in the shed storage structures including mattresses, trash, drug paraphernalia, cooking implements, and used candles; unlawful placement of solid waste adjacent to the storage shed structures, namely tarped arcade games and other bulky items that are being used by trespassers as a dwelling space; and WHEREAS, the City of Carlsbad Code Enforcement Division provided substantial evidence that it duly served the Property Owner with a notice of violation on Aug. 23, 2024, for violations of California Health and Safety Code Sections 17920.3(A)(14) (inadequate sanitation: general dilapidation or improper maintenance), 17920.3(C) (nuisance), 17920.3(H) (fire hazard due to cooking implements and used candles in the storage shed structures not intended for dwelling units), and 17920.3(N) (unintended occupancy), a copy of which is provided as Exhibit 3 to the Nov. 19, 2024 City Council staff report associated with this Resolution ; and WHEREAS, there is substantial evidence that the Building Official served the Property Owner with a Notice and Order to Repair Substandard Building and Abate Public Nuisance on or about Sept. 4, 2024, for violations of California Health and Safety Code Sections 17920.3(A)(14) (inadequate sanitation: general dilapidation or improper maintenance), 17920.3(C) (nuisance), 17920.3(H) (fire hazards), and 17920.3(N) (unintended occupancy); 1997 Uniform Housing Code, Chapter 10, Sections 1001.14 (hazardous or insanitary premises), 1001.2.13 (inadequate sanitation/general dilapidation), and 1001.9 (fire hazards); and Carlsbad Municipal Code Sections 6.08.100 (unlawful placement of solid waste), 6.16.010 (nuisance) and 6.16.010(J) (nuisance), a copy of which is provided as Exhibit 3 to the Nov. 19, 2024 City Council staff report associated with this resolution; and WHEREAS, there is substantial evidence that the Notice and Order was also mailed to all interested parties of the Property; and WHEREAS, the notice and order was recorded against the property on Sept. 5, 2024, pursuant to California Health and Safety Code Section 17985(a); and WHEREAS, the Property Owner did not file an appeal of the Notice and Order to Repair; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that Property Owner has not fully remedied the new and recurring public nuisance and substandard housing violations on the property, including: Railings and wood flooring on the front porch of the main Nov. 19, 2024 Item #10 Page 12 of 106 structure in disrepair and unsafe to stand on; unreliable door lock and hasp on one wooden storage shed structure in the rear of the property that continues to fail and results in trespassers dwelling in the storage shed structure that is not designed for human habitation; broken skylight in one of the storage shed structures that has been temporarily been repaired with a piece of glass and screws but that requires a more sustainable repair such as boarding up; unlawful placement of solid waste adjacent to the storage shed structures, namely tarped arcade games and other bulky items that are being used by trespassers as a dwelling space; and WHEREAS, there is substantial evidence that numerous transient or trespass-related calls for service and police responses have occurred at the Property due to trespassing activity, persons sleeping in the rear of the property or in the storage shed structures, or other suspicious or illegal conduct such as drug use or possession of stolen items. Between Sept. 1, 2016, and July 6, 2019, there were 36 such transient or trespass-related calls for service and police responses, some of which originated from the Property Owner or his staff; between July 7, 2019, and Dec. 26, 2022, there were 15 such calls for service and police responses, plus one response for suspected drug use on the premises and one response for shotgun shells found at the Property. On at least 39 separate dates between Dec. 27, 2022, and Oct. 24, 2024, police officers patrolling or responding to the area located people sleeping behind the Property or otherwise trespassing. On 12 separate dates between Feb. 11, 2023, and Oct. 24, 2024, police officers discovered unlocked doors and locks that had been damaged or removed at the Property. Police officers have either warned contacted persons they do not have permission to be at the Property or have cited such persons for trespassing if they have previously been warned; and WHEREAS, the City Council finds that the present conditions on the Property, taken together, are a public nuisance as defined by Carlsbad Municipal Code Section 6.16.010, because they constitute a threat to the public's health, safety, and welfare or to the environment, and significantly obstruct, injure, or interfere with the reasonable or free use of property in a neighborhood, community, or to any considerable number of persons, or otherwise constitute a public nuisance under California Civil Code Sections 3479 through 3480; and WHEREAS, the City Council finds that the present conditions on the Property, taken together, are also a public nuisance as defined by Carlsbad Municipal Code Section 6.16.010, because the Property is being maintained in a manner that is so defective, unsightly, dangerous, and in a condition of deterioration and disrepair that persons or property may be harmed; and Nov. 19, 2024 Item #10 Page 13 of 106 WHEREAS, the City Council finds that the present conditions on the Property are a public nuisance as defined by Carlsbad Municipal Code Section 6.16.015(J), because they violate various provisions of both state and local law; and WHEREAS, the record upon which this substantial evidence is based, includes but is not limited to: (1) photographic documentation and code enforcement officer observations to document the violations; (2) copies of notices and documents developed or created during the case investigation; (3)all other matters of common knowledge to the city, including, but not limited to, city, state, and federal laws and policies, rules, regulations, applicable within the city and its surrounding areas; and (4)the Nov. 19, 2024, City Council staff report, which is incorporated herein by this reference and adequately summarizes any other facts, findings, and other determinations in support of this nuisance abatement order; and WHEREAS, pursuant to Carlsbad Municipal Code Section 6.16.040, the City Council must conduct a public hearing to determine if a public nuisance exists, and if so, whether and how it will be abated; and WHEREAS, a public hearing was scheduled for Nov. 19, 2024, at 5 p.m., in the City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA, as the time and place for a public hearing to hear any objection to the proposed abatement or removal of the public nuisance; and WHEREAS, the City of Carlsbad Code Enforcement Division provided substantial evidence that they duly served the Property Owner and any mortgagee and/or beneficiary under any recorded deed of trust of the affected premises on Oct. 28, 2024 and Nov. 4, 2024, with two notices of the nuisance abatement hearing set for Nov. 19, 2024, at 5 p.m., as required by Carlsbad Municipal Code Sections 6.16.050 and 6.16.060. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AS FOLLOWS: 1.That the above recitations are true and correct. 2.Adopting a Resolution ordering abatement for APN 156-152-15-00 does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Nov. 19, 2024 Item #10 Page 14 of 106 3.Any and all objections to the proposed removal or repair of the following items located in the rear area of the Property, as reported by the City of Carlsbad Code Enforcement Division, are hereby overruled: trash, junk, and debris, including bulky waste; damage to the front porch; damage to the locking mechanism for the storage shed structures; damage to the skylight inside one of the storage shed structures; and 4.The public nuisance conditions on the Property shall be abated by the Property Owner within 30 days from the date of this Resolution by: A.Completely removing all of the following items located in the rear area of the Property: Trash, junk, and debris, including bulky waste. All such items need to be stored inside the main structure, the storage unit structures, or off-site and cannot be stored outside the Property using tarps or other temporary materials for coverage. B.Repairing all wood and railings on the front porch back to their original condition or to otherwise avoid safety risks and hazards. C.Repairing the locking mechanism for the storage shed structures with a bolted, more secure and impenetrable locking mechanism. D.Replacing the temporary glass sheet that is screwed into the broken skylight in one of the shed structures with boards to prevent future trespassers and avoid future glass breakage. E.Removing the dilapidated vending machine and arcade game from front porch. These items must be stored inside the main structure, the shed structures, or off-site and cannot be stored outside the Property using tarps or other temporary materials for coverage. 5.Any public nuisance conditions that are not abated by the Property Owner within 30 days from the date of this Resolution may thereafter be abated by city agents, employees or by private contract by any legal method and in accordance with Carlsbad Municipal Code Section 6.16.100, by securing the property completely removing all of the following items located in the front yard area: dead trees, abandoned or damaged structures, trash, junk, debris, and inoperable vehicles. 6.If any public nuisance conditions are abated by the city, city staff is authorized and directed to subsequently impose a special assessment or lien against the Property for the full costs of such abatement and any related administrative costs in accordance with Carlsbad Municipal Nov. 19, 2024 Item #10 Page 15 of 106 Nov. 19, 2024 Item #10 Page 16 of 106 Code Sections 6.16.120 and 6.16.130. 7. The decision and resolution of the City Council shall be final and conclusive. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH LACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL)