HomeMy WebLinkAbout1967-01-17; City Council; 8048; Public nuisances abatement,
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ORDINANCE NO. 8048
AN ORDINANCE OF THE CITY OF CARLSBAD REGARDING ABATElyENT OF PUBLIC NUISANCES.
The City Council of the City of Carlsbad does ordain as
fOllOW5:
SECTION 1; The existence of red property within the City
of Carlsbad
A,
to public peace, health, safety or general welfare;
in a condition which is adverse or detrimental
OF
h is maintained so as to pernit the same to
so defective, unsightly, dangerous or in a
condition of deterioration or disrepair so that the
same will, 91: may, cause harm to persons, or which
will be materially detrimental to property andlor
improvements located in the immediate vicinity of
such real property;
is hereby declared to constitute a public nuisance.
SECTION 2: Whenever it is alleged to the
there exists on any real property in the City
public nuisance as defined in Section 1 above
pass a resolution
A. describing
nuisance is a1
City Council that
of Carlsbad a
the Cwncil shall
the real property upon which the public
eged to exist, by street address or
such other description as is reasonably necessary to
identify it (Such real property will hereinafter be
referred to THE SUBJECT PROPERTY.),
B. declare its intention to
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place to hear and consider any and all evidence
and objections regarding whether a public
hold a public hearing at a specified time and
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the
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nuisance exists as alleged on T SUBJECT PROPERTY
2. determine whether or not such
nuisance exists on THE SUBJECT P
C, state that if a public nuisance is found to
exist on THE SUBJECT PROPERTY, that the Council will
order the abatement thereof as the expense of the
persons creating, causing, committing or maintain-
ing it, and will make the t of such abatearent a
1. personal obligation of the person creating,
causing, committing, or maintaining the public
nuisance
I. . 2. en against THE SUBJECT PROPERTY
3.
THE SUBJECT PROPERTY, and
4. special assessment against THE SUBJECT PROPERTY
personal obligation of the property owner of
SECTIQN 3: At least 5 days before the date specified in
resolution described in Section 2 above, the Git
spector shall cause a copy or copies of said resolution to be
conspicuously posted on or in front of THE SUBJECT PROPERTY,
by posting at least the following:
A.
50' of street frontage;
B. two nQtic;es for THE SUBJECT PROPERTY of more than
one nQtice for THE SUBJECT PROPERTY of up to
50' and up to 100' of street frontage;
.. C. notices at not more than 100' apart if the street
frontage of THE SUBJECT PROPERTY is greater than 100';
and the City Building Inspector shall also cause a copy of said
resolution to be mailed to each person to whom THE SUBJECT
PROPERTY is assessed in the last equalized assessment roll
available on the date the said resolution was adopted by the
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SECTION 4; At the time and place specified in the sajd
resolution described in Section 2 above, the Council shall
hear and consider any and all evidence and objections regarding
the alleged public nuisance.
consideration from time to time, and shall, at the concl
thereof, determine, by resolution, whether or not a public
nuisance exists on THE SUBJECT PROPERTY. The determination of
the Council shall be final. If it is determined that a public
nuisanse does exist on THE SUBJECT PROPERTY, the resolution so
determining shall also order, state, and determine as follows:
It may continue the hearing and
A. that the public nuisance shall be abated;
B. the factors, things, conditions, or otherwise,
which cause or constitute the public nuisance;
6.
including., but not limited to, repair, rehabilitation,
de-naalitian .and/or removal ;
D. the date, before which, the pe SOAS creating,
causing, committing, or maintaining said public
the acts necessary to abate such public nuisance,
1 nuisance will be allowed to abate it; and
E, that if such public nuisance is not abated on or
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before said date, that the Council will cause the
abatement thereof and will make the expense of abate-
ment a lien against THE SUBJECT PROPERTY and a personal
obligation against the property owner of THE SUBJECT
PROPERTY.
SECTION 5: At least 5 days prior to the date+stated in sub-
paragraph D of Section 4 above, the City Building Inspector
shall cause a copy or copies of said resolution mentioned in
Section 4 above to be posted and nailed in the same manner as
stated in Section 3 above.
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SECTION 6: In the event such public nuisance is not abated 1
on or before the said date described in subparagraph D of
Sectian 4 above, the City Nanager shall, and he hereby is,
automatically authorized and directed to cause the abatenent
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thereof by City agents, ,employees, or by private contract,
and in connection therewiah said City agents, or employees, or
said private contractors and their employees, may enter upon
THE SUBJECT PROPERTY to abate the nuisance,
of, the City Manager shall write a report stating the cost
thereof and shall therein specify the time and place at which I
the Council will receive and consider said report, toge
with any objections thereta,
SECTION 8: At least 5 days prior to the date described in
I Section 7 above, the City Manager shall cause a copy or copies
of said report mentioned in Section 7 above to be posted and
mailed in the same manner as stated in Section 3 above. I SECTION 9; At the tine and place specified in the said
report, the Council shall hear and consider any and all evidence
and objections regarding the cost of abatement. The hearing l
and CQnsideration say be continued from time to time and upon
the conclusion thereof, the Council shall, by resolution;
A. determine the correct abatement cost;
B.
said correct abatement cost;
C,
D. determine and state the correct legal description
of THE SUBJECT PROPERTY;
E, determine and state the correct San Diego County
Assessor's Map Boak description and assessment number.
if necessary, modify said repart to conform to 25
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confirm the report as presented OF modified;
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The decision of the Council shall be final.
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SECTION 10; The cost of abatement, as confirmed, shall
be a
A.
causing, committing, Qr maintaining the nuisance
abated,
personal obligation of the person creating,
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B,
C, personal obligaticm af
THE SUBJECT PRQPERTY, and
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lien against THE SUBJECT PRQPERTY,
special assessment against THE SUBJECT PROPE
SECTION 11: The cost of abatement, as congirmed, nay
callected by the Cityt by any or all Qf the following or any
other lawful means: I
A, recordatiw in the Off e of the CQunty Recorder
of the County of $an Diego
a certified copy qf said resolution confirming said
report; so as to give notice of the said lien;
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C. filing a certified copy of sa resolution con-
firming said report with the Auditor of the County c;rf
San Diego, State of California, who shall enter the
assessment on the Cclunty Tax Roll Qppwite THE SUBJECT
PROPERTY..
civil action by the City;
The aqoynt of the assessment shall be col-
lected at the -the and in the manner of ordinary
municipal taxes.
to the same penalties and procedures of foreclosure
and sale provided for ordinary municipal taxes.
legislative body may determine that, in lieu of collect-
ing the entire assessment at the tine and in the
manner of ordinary municipal taxes, such assessment of
If delinquent, the amount is subject
The
$58 or more may be made in annual installments, in
any event not to exceed five (5), and collected one
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installment at a time at the times and in the
manner of ordinary municipal taxes in successive
years. If any installment is delinquent, the amount
thereof is subject-to the same penalties and procedure
Eor foreclosure and sale provided for ordinary munici-
pal taxes.
shall bear interest on the unpaid balance at the
The payment of assessuents so deferred
rate of six per cent (6%) per annun.
SECTION 12: EFFECTIVE DATE. This Ordinance shall take
effect and be in force on the thirty-first day from and after
its adoption.
SECTION 13; PUBLLCATION. The City Clerk of the City of
Carlsbad is hereby directed to cause this Ordinance to be
published once in the Carlsbad Journal, a newspaper published
and of general circulation in said City of Carlsbad,
First read at a regular Ineeging af the City Council of
p Ao6i- c-- 3-
the City of Carisbad held on the
196 7, and finally passed, apprwed and adopted at '-a reguld
meeting held on the /p * day Qf q&*&&
day of .e &u&v
? 1967, &
J by the €bllowing vote, to wit: U
AYES: Cmn. Northing, Neiswender, Atkinson, Dunne and Jardi
NOES; None.
ABSENT; None.
of the City of Carlsbad, Carlsbad, California
ATTEST :