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Home My WebLink About2024-11-19; City Council; Resolution 2024-261RESOLUTION NO. 2024-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT THE CONDITIONS ON PRIVATE PROPERTY LOCATED AT 2726 WILSON STREET (APN 156-152-15-00) CONSTITUTE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE PUBLIC NUISANCE IN ACCORDANCE WITH CHAPTER 6.16-PUBLIC NUISANCES AND PROPERTY MAINTENANCE OF CARLSBAD MUNICIPAL CODE TITLE 6 -HEALTH AND SANITATION WHEREAS, after holding a public nuisance abatement hearing on the date of this resolution, the City Council of the City of Carlsbad finds the following facts as set forth in this resolution; and WHEREAS, the property located at 2726 Wilson Street (APN 156-152-15-00) ("the Property") is owned by Wade Hawkins ("Property Owner") and mortgagees DU Mortgage Capital Inc., PRLAP, Inc., and Bank of America, N.A.; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that a tree fell in the front yard of the Property and has caused significant and irrecoverable damage to a detached garage structure on the Property; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that the Property Owner failed to remove the fallen tree debris and rehabilitate/replace the damaged garage structure and has generally allowed other junk and debris to accumulate in the front yard area of the property, including inoperable vehicles; and WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence that the Property Owner's failure to address the above-listed issues has resulted in a violation of Carlsbad Municipal Code Section 6.12.040 (Junk: regulations for accumulation) and Section 6.12.030 (Junk: accumulation deemed nuisance); and WHEREAS, the record of proceedings upon which this substantial evidence is based, includes but is not limited to: (1) photographic documentation, and code enforcement officer observations to document the violation(s); (2) copies of all reports and documents developed or created during the investigation; (3) the Carlsbad Municipal Code; (4) 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. The Nov. 19, 2024, City Council staff report, which is incorporated herein by this reference, adequately summarizes the record of proceedings for which the facts, findings, and other determinations in this Resolution are based; and WHEREAS, the City of Carlsbad Code Enforcement Division cited the Property Owner with a notice of violation and seven administrative citations beginning on Feb. 22, 2023, for the above-listed code violations, copies of which were duly served on the Property Owner and are provided as Exhibit 3 to the Nov. 19, 2024 City Council staff report associated with this Resolution; and WHEREAS, beginning on April 19, 2024, Property Owner was provided information about the city's Minor Home Repair Program, which provides financial assistance to lower income property owners seeking to make a minor home repair; and WHEREAS, the Property Owner did not file a timely appeal of the notice of violation or any of the administrative citations which included a violation for a public nuisance (Carlsbad Municipal Code Section 6.12.030-Junk: accumulation deemed nuisance); and WHEREAS, the Property Owner contacted the city on Oct. 21, 2024, seeking a waiver of the administrative citation penalties owed and indicating that he was in a position to correct the violations. Staff explained that the penalties could not be waived and explained the public nuisance abatement hearing process to him, encouraging him to correct the violations prior to the hearing date; 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; 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. 22, 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; and WHEREAS, Carlsbad Municipal Code Section 6.12.020 states that the accumulation of junk contrary to Chapter 6.12 is a public nuisance; and WHEREAS "public nuisance" is defined in Carlsbad Municipal Code Sections 6.16.010 (general definition of public nuisance), and Carlsbad Municipal Code Section 6.16.015(1) (Specific conditions constituting a public nuisance) states that all other conditions deemed to be a "nuisance" or "public nuisance" as defined throughout the Carlsbad Municipal Code are a public nuisance; and WHEREAS, the City of Carlsbad Code Enforcement Division has further provided substantial evidence that the junk and debris and numerous inoperable vehicles in the front yard of the Property constitutes a public nuisance in violation of Carlsbad Municipal Code Section 6.16.015(J) (specific conditions constituting a nuisance--property upon which any violation of this code exists, or property which is used in violation of this code); and WHEREAS, the City Council finds that the conditions at the Property constitute a public nuisance as defined in Carlsbad Municipal Code Section 6.16.010, by significantly obstructing, injuring, or interfering with the reasonable or free use of property in a neighborhood, community, or to any considerable number of person s and should be abated or removed in order to protect the public health, safety, and welfare; and WHEREAS, the City Council further finds that the Property constitutes a public nuisance as defined in Carlsbad Municipal Code Section 6.16.010, because it is maintained in such a defective, unsightly, dangerous, or deteriorated condition, or state of disrepair, that the property will or may cause harm to persons, or will be materially detrimental to property or improvements located in the immediate vicinity of the property and should be abated or removed in order to protect the public health, safety and welfare. 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. 3. Any and all objections to the proposed removal of the following items located in the front yard area of the Property: Abandoned or damaged structures, dead trees, trash, junk, debris, and inoperable vehicles, as reported by the Oty of Carlsbad Code Enforcement Division, are hereby overruled. 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 completely removing all of the following items located in the front yard area: Abandoned or damaged structures, dead trees, trash, junk, debris, and inoperable vehicles. 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 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 BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL)