HomeMy WebLinkAbout1996-03-05; City Council; Resolution 96-661
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RESOLUTION NO. 96-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING A PUBLIC NUISANCE AT 3286 HIGHLAND DRIVE, APN 205-060-
04-00 .
WHEREAS, the City Council at their meeting of Mar
1996 held a duly noticed public hearing and considered all evi
and testimony of anyone desiring to be heard; and
WHEREAS, the property is littered with rubbish, dc
junk, household waste, weeds, and in excess of sixteen vehj
most of which are inoperable; and
WHEREAS, the time limits imposed in a Notice and Or(
the City‘s Code Enforcement Officer have expired; and
WHEREAS, the property is in a condition which is ac
or detrimental to public peace, health, safety or general we1
and
WHEREAS, the property is maintained so as to permi
same to become so defective, unsightly, dangerous or in a conc
of deterioration or disrepair so that the same will, or may,
harm to persons, or which will be materially detriment;
property or improvements located in the immediate vicinity ol
real property; and
WHEREAS, the site is known to be a haven for vagrar
the area; and
WHEREAS, the conditions on the parcel constitute a E
nuisance as defined in section 6.16.010 of Carlsbad Municipal
NOW, THEREFORE, BE IT RESOLVED by the City Council (
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
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2. That the City has the power at both common law i
ordinance to abate nuisances.
3. That the condition of the property is adver
detrimental to the peace, health, safety and general welfare 4
public.
4. That the property is maintained in a manner whj
materially detrimental to property and improvements ir
immediate vicinity of such real property.
5. That the conditions on the property constit
public nuisance.
6. That the public nuisance shall be abated.
7. That the abatement of the nuisance shall bc
removal of all vehicles, rubbish, debris, junk, household wast
weeds.
8. That an action plan for abatement of the nui
shall be submitted by the property owner to the principal bui
inspector no later than March 13, 1996 showing how the nui
shall be abated by April 13, 1996. The failure to submit an a
plan by the property owner shall not extend the deadline
abatement of the nuisance.
9. That if such public nuisance is not abated by
13, 1996, then the Council will cause the abatement thereo
will make the expense of such abatement a personal obligati
the landowner or person creating, causing, committing
maintaining the public nuisance and a personal obligation o
property owner of the subject property, and a special asses
against the property.
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10. That if the public nuisance is not abated by
13, 1996, the City Manager is directed to abate the nu.
pursuant to Carlsbad Municipal Code Chapter 6-16,
11. That the City Manager is also authorized to c(
the costs of the abatement by the means described in Cai
Municipal Code section 6-16.010 or any other lawful means.
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
day of - City Council of the City of Carlsbad on the
1996, by the following vote, to wit:
5th
AYES:
NOES: None
ABSENT: Council Member Ku
Council Members Lewis, Nygaard, Finnila, Hall
ATTEST:
at2L d9aA ALETHA L. RAUTENKRANZ, City Clerk
( SEAL 1