HomeMy WebLinkAbout1995-07-11; City Council; Resolution 95-209c 0 0
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RESOLUTION NO. 95 -209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBI CALIFORNIA THAT A PUBLIC NUISANCE EXISTS AT THE CONSTRUCT14 SITE 5200 HARBOR DRIVE, APN 206-222-23-00 AND 206-222-24-00.
WHEREAS, City Council at their meeting of Julv 11, 1995 , held a du
public hearing and considered all evidence and testimony of anyone desiring to be I
WHEREAS, the time limits imposed in a Notice and Order by the City’
Official have expired; and
WHEREAS, the property is in a condition which is adverse or detrimenta
peace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to b
defective, unsightly, dangerous or in a condition of deterioration or disrepair so tha
will or may cause harm to persons, or which will be materially detrimental to p
improvements located in the immediate vicinity of such real property; and
WHEREAS, the property is overgrown with weeds; and
WHEREAS, the site is an abandoned construction site with rusted steel frami
and stacked on site; and
WHEREAS, transients frequent the unsecured underground parking structL
WHEREAS, the conditions on the parcel constitute a public nuisance as
Section 6.1 6.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City oi
California, as follows:
1. That the above recitations are true and correct.
2. That the City has the power at both common law and by ordinanc
nuisances.
3. That the condition of the property is adverse or detrimental to the pea
safety and general welfare of the public.
4. That the property is maintained in a manner which is materially det,
property and improvements in the immediate vicinity of such real property.
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5. That the conditions on the property constitute a public nuisance.
6. That the public nuisance shall be abated.
7. That abatement of the nuisance shall be the removal of all steel framir
and stacked on the site, secure underground parking structure, repair fencing to a sf
and remove weeds.
8. That the abatement of the nuisance shall be completed by the prope
within 30 calendar days from the date of adoption of this resolution.
9. That if such public nuisance is not abated within 30 calendar days fro1
of adoption of this resolution that the Council will cause the abatement thereof and
this expense of abatement a personal obligation of the person creating, causing, cc
or maintaining the public nuisance, and a personal obligation of the property ow
subject property, and a special assessment against the subject property.
10. That if the public nuisance is not abated within 30 calendar days fror
of adoption of this resolution the City Manager is directed to abate the nuisance p
Carlsbad Municipal Code Section 6.1 6.060.
11. That the City Manager is also authorized to collect the costs of the i
by the means described in Carlsbad Municipal Code Section 6.16.1 10 or any ot
means.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun
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City of Carlsbad, California, held on the 11th day of JULY
by the following vote, to wit:
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ABSENT: Council Member Nygaard 6
NOES: None 5
AYES: Council Members Lewis, Kulchin, Finnila, Hall
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ATTEST:
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ALETHA L. RAbTE
(SEAL)