HomeMy WebLinkAbout1983-11-01; City Council; Resolution 7391RESOLUTION NO. 7391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC
NUISANCE EXISTS ON PROPERTY AT 1600 BUENA VISTA
WAY IN THE CITY OF CARLSBAD, DIRECTING THAT THE
OWNER OF SAID PROPERTY ABATE THE NUISANCE, THAT
THE NUISANCE BE ABATED AT THE OWNERS' EXPENSE,
AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE
ACTION TO ENFORCE THE ABATEMENT ORDER OR ENJOIN
THE NUISANCE.
WHEREAS, the Land Use Planning Office has alleged that
a public nuisance exists on property located at 1600 Buena Vista
Way in the City of Carlsbad owned by Charles and Martha Dix; and
WHEREAS, on September 27, 1983 the City Council of the
City of Carlsbad adopted Resolution No. 7356 setting a public
hearing regarding nuisance abatement for October 18, 1983; and
WHEREAS, notice of said public hearing was given as
provided by law; and
WHEREAS, on October 18, 1983 the City Council held a
public hearing at which it received evidence of a public
nuisance at 1600 Buena Vista Way. After the close of said
hearing Martha Dix, one of the owners of the property, appeared
at the City Council meeting and indicated that she had not
received notice of the hearing and requested that the hearing be
continued ; and
WHEREAS, the City Council, at her request, reopened the
public hearing and continued it to the City Council meeting of
November 1, 1983; and
WHEREAS, notice of the continued public hearing was
given as required by law; and
WHEREAS, on November 1, 1983 the City Council held a
continued public hearing at which all interested persons were
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heard and received evidence regarding the existence of a public
nuisance at 1600 Buena Vista Way
NOW, THEREFORE BE IT RESOLVED by the City Council of
Carlsbad as follows:
1. That the foregoing recitations are true and
correct .
2. That a public nuisance is found to exist on the
property located at 1600 Buena Vista Way in the City of
Carlsbad, California.
3. That the conditions which constitute a public
nuisance are parking or storage of an unreasonable number of motor
vehicles, some of which are disabled, inoperable or disrepaired,
in the front, side and rear yards or in the front or side yard
setback and are clearly visible from adjoining public streets and
other property in the vicinity. Storage of an unreasonable number
of motor vehicles in a manner in which such vehicles are visible
from public streets or neighboring properties is an unreasonable
use of residentially zoned property and is a violation of the
provisions of Section 21.10.010 of the Carlsbad Municipal Code.
Parking of motor vehicles in the front or side yard setback or in
the front or side yard except as specifically provided by
ordinance is a violation of Section 21.44.165 of the Carlsbad
Municipal Code. Parking, storing or leaving of any vehicle which
is in an abandoned, wrecked, dismantled or inoperative condition
on private property in excess of three days, unless such vehicle
is completely enclosed within a building in a lawful manner, is a
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violation of Section 10.52.130 of the Carlsbad Municipal Code.
The City Council specifically finds that the manner in which the
motor vehicles are parked or stored on the property located at
1600 Buena Vista Way is a violation of Sections 10.52.130,
21.10.010 and 21.44.165 of the Carlsbad Municipal Code. The
City Council determines that in order to abate the public
nuisance, all motor vehicles or parts thereof shall be removed
from the property except for a reasonable number of vehicles
which may be parked or stored in a manner which is consistent
with the provisions of the Carlsbad Municipal Code.
4. The owners of the property located at 1600 Buena
Vista Way are responsible for creating, causing, committing, and
maintaining said nuisance. The persons responsible for
creating, causing, committing, and maintaining said nuisance are
ordered to abate such nuisance on or before December 1, 1983.
If said public nuisance is not abated on or before such date the
City Manager is authorized to cause the abatement thereof and
the expense of abatement shall constitute a lien against the
subject property and a personal obligation against the owners of
the subject property .
5. The City Attorney is authorized and directed to
take any legal action appropriate and necessary to enforce this
resolution or to abate and enjoin said public nuisance.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 1st day of Navesnber , 1983, by the
following vote, to wit:
AYES :
NOES: None
ABSENT : Council Mesnber Prescott
Council Members Casler, Leh7is, Kulchin and Chick
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MARY H. YASLER, Mayor
ATTEST:
(SEAL)
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