HomeMy WebLinkAbout1984-03-06; City Council; Resolution 75271
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RESOLUTION NO. 7527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC
NUISANCE EXISTS ON PROPERTY AT 7200 PONTO DRIVE
IN THE CITY OF CARLSBAD, DIRECTING THAT THE OWNER
OF SAID PROPERTY ABATE SAID NUISANCE, THAT THE
NUISANCE BE ABATED AT THE OWNER'S EXPENSE,
DECLARING THE BREACH OF AN AGREEMENT BETWEEN THE
PROPERTY OWNER AND THE CITY OF CARLSBAD AND
DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE
ACTION TO ENFORCE THE ABATEMENT ORDER OR THE
CONTRACT OR ENJOIN THE NUISANCE.
WHEREAS, the Land Use Planning Office has alleged that
a public nuisance exists on property located at 7200 Ponto Drive
in the City of Carlsbad owned by Eugene C. and Margaret M.
Chappee; and
WHEREAS, on April 19, 1983 the City Council of the City
of Carlsbad adopted Resolution No. 7195 setting a public hearing
regarding nuisance abatement for May 17, 1983; and
WHEREAS, notice of said public hearing was given as
provided by law; and
WHEREAS, on May 17, 1983 at the request of the property
owners who presented the Council with a written agreement to
remove the yard, the hearing was continued to July 5, 1983, and
subsequently continued to August 2, 1983, September 6, 1983,
October 4, 1983, November 1, 1983, December 6, 1983, January 3,
1984, February 7, 1984 and, finally to March 6, 1984; and
WHEREAS, at its April 17, 1983 meeting the City Council
of the City of Carlsbad approved an agreement between the City c
Carlsbad and Eugene C. and Margaret M. Chappee whereby the
Chappees agree to remove the wrecking yard from their property
located at 7200 Ponto Drive and to bring the property into
compliance with the zoning ordinances of the City of Carlsbad;
and
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WHEREAS, based on the evidence presented at the
continued public hearings, including the public hearing held on
March 6, 1984 it has become apparent to the City Council that
the Chappees do not intend to comply with the terms and
conditions of their agreement with the of Carlsbad; and
WHEREAS, notice of the continued public hearings has
been given as required by law; and
WHEREAS, special notice of the continued public hearing
on March 6, 1984 has been given; and
WHEREAS, on March 6, 1984 the City Council held a
continued public hearing at which all interested persons were
heard and received evidence regarding the existence of a public
nuisance at 7200 Ponto Drive,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the foregoing recitations are true and
correct.
2. That Eugene C. and Margaret M. Chappee have
breached their agreement which was approved by the City Council
on May 17, 1983 to remove the wrecking yard and to bring their
property at 7200 Ponto Drive into compliance with the zoning
ordinances.
3. That a public nuisance is found to exist on
property located at 7200 Ponto Drive in the City of Carlsbad.
4. That the condition which constitutes a public
nuisance is maintenance of a wrecking yard on property located
at 7200 Ponto Drive (assessor's parcel number 214-160-28)
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contrary to the provisions of Title 21 of the Carlsbad Municipal
Code
5. The owners of the property located at 7200 Ponto
Drive 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 April 6, 1984. 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 of personal obligations against the owners
of subject property.
6. The City Attorney is authorized and directed to
take any legal action appropriate and necessary to enforce this
resolution or the agreement between the City and the property
owners or to abate and enjoin said public nuisance.
PASSED, APPROVED AND ADOPTED at a regular meeting of th
day of 6th Carlsbad City Council held on the
March 1984 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council mers Casler, Lewis, Kulchin, Chi& and Prescot
..
MARY H. FASLER, Mayor ATTEST:
R v4?&
UTENKRANZ, City Cledk