HomeMy WebLinkAbout1996-02-06; City Council; Resolution 96-521
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RESOLUTION NO. 96-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 2637 JEFFERSOh
WHEREAS, the City Council at their meeting of February 6, 1996
STREET, APN 155-1 70-25-00.
duly noticed public hearing and considered all evidence and testimony of anyone c
to be heard.
WHEREAS, the building and property are unsecured and may cause harm to p
and
WHEREAS, the time limits imposed in a Notice and Order by the City’
Enforcement Officer have expired; and
WHEREAS, the property is in a condition which is adverse or detrimental to
peace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to becc
defective, unsightly, dangerous or in a condition of deterioration or disrepair so that th
will, or may cause harm to persons, or which will be materially detrimental to prop
improvements located in the immediate vicinity of such real property; and
WHEREAS, the site is known to be a haven for vagrants in the area; and
WHEREAS, the site is littered with appliances, clothing, and furniture; and
WHEREAS, the swimming pool in the rear yard is unsecured; and
WHEREAS, the conditions on the parcel constitute a public nuisance as defi
Section 6.16.010 of Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cz
California, as follows:
1.
2.
That the above recitations are true and correct.
That the City has the power at both common taw and by ordinance t(
nuisances.
3. That the condition of the property is adverse or detrimental to the peace,
safety and general welfare of the pub!ic
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4. That the property is maintained in a manner which is materially detrimi
property and improvements in the immediate vicinity of such real property.
5.
6.
7.
That the conditions on the property constitute a public nuisance.
That the public nuisance shall be abated.
That abatement of the nuisance shall be the removal of all appliances, cI
and furniture on the site and securing all structures on the property and draining and s
the swimming pool area in compliance with City Ordinance or the swimming pool s
demolished and properly backfilled.
8. That the abatement of the nuisance shall be completed by the property
within 30 calendar days from the date of adoption of this resolution.
9. That is such public nuisance is not abated within 30 calendar days fr
date of adoption of this resolution that the Council will cause the abatement thereof a
make this expense of abatement a personal obligation of the person creating, c
committing, or maintaining the public nuisance, and a personal obligation of the p
owner of the subject property, and a special assessment against the subject property
That if the public nuisance is not abated within 30 calendar days from tl
of adoption of this resolution, the City Manager is directed to abate the nuisance purs
Carlsbad Municipal Code, Section 6.1 6.060.
10.
11 That the City Manager is also authorized to collect the costs of the aba
by the means described in Carlsbad Municipal Code, Section 6.1 6.1 10 or any other
means.
Ill
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Ill
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci
City of Carlsbad, California, held on the 6th day of FEBRUARY
by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
I
(SEAL)
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