HomeMy WebLinkAbout1997-03-04; City Council; Resolution 97-84c..1 e 0
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RESOLUTION NO. 97-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 61 11 EL CAMINO
REAL, APN 760-221 -1 5-00.
WHEREAS, the City Council at their meeting of March 4, 1997, held a dull
noticed public hearing and considered all evidence and testimony of anyonc
desiring to be heard; and
WHEREAS, the time limits imposed in a Notice and Order by the City’s Codc
Enforcement Officer have expired; and
WHEREAS, the golf balls leave the driving range and cross or enter Paloma
Airport Road; and
WHEREAS, Palomar Airport Road is a prime arterial accommodating 24,00(
vehicles per day in this area; and
WHEREAS, golf balls have struck vehicles on Palomar Airport Road; and
WHEREAS, golf balls are likely to strike vehicles unless appropriatc
corrective action is taken; and
WHEREAS, the property is in a condition which is adverse or detrimental tc
public peace, health, safety, or general welfare; and
WHEREAS, the conditions on the parcel constitute a public nuisance a:
defined in Section 6.1 6.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the CiQ
of Carlsbad, 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 ordinance tc
abate nuisances.
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3. That the condition of the property is adverse or detrimental to the peace
health, safety and general welfare of the public.
4. That the conditions on the property constitute a public nuisance.
5. That the public nuisance shall be abated.
6. Operators shall complete the modifications as set forth in the letter o
February 20, 1997 from golf course architect David Rainville and as further showr
on the site plan presented at the meeting of March 4, 1997, no later than Tuesday
April 15, 1997. If these modifications are not completed prior to that time, the
Council may order the nuisance abated by closing the driving range until suck
modifications are completed.
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7. Provided such modifications are completed, the City Council wil
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determine their effectiveness to abate the nuisance. If these modifications have no
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0QL 15 abated the nuisance to the satisfaction of the City Council, it may impose additional 9 8 ai
2&%a 2 2 $ x 16 conditions up to and including the closing of the driving range until a study is 205
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COJ, a01 c N 9 17 11 conducted by the lease holder, Olympic Resort, or the property owner to determine - 0 18
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how to keep errant golf balls from crossing or entering Palomar Airport Road. The
driving range shall remain closed pending a study or such other and furthei
measures as approved by the City Council are undertaken to abate the nuisance.
8. That if the public nuisance continues, the City may seek any legal mean:
necessary to abate the nuisance.
9. The City Manager is also authorized to collect the costs of the abatemenl
by the means described in Carlsbad Municipal Code Section 6.16.010 or any other
lawful means.
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1 10. The matter shall be returned to the City Council on Tuesday, April 15,
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measures taken to abate this nuisance. 3
1997, in order to determine the progress, effectiveness and appropriateness 01
4 11 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
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9 NOES: None
City Council of the City of Carlsbad, California on the 4th, day of March, 1997, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
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ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City clerk
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