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HomeMy WebLinkAbout1967-01-17; City Council; 8048; Public nuisances abatement, I 1: 1; 1: If 1E 1t 3'; 1E 1s 2c 21 22 23 24 25 26 27 28 29 30 31 32 Q , 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 1. place to hear and consider any and all evidence and objections regarding whether a public hold a public hearing at a specified time and 1 e, -*'- _- . 1 2 z 4 5 6 7 i? 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the c 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 I 1 2 3 4 5 6 7 8 9 'EO 11 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 21 22 23 24 25 26 27 28 29 30 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. . /I * 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 8 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 26 27 28 29 30 31 32 confirm the report as presented OF modified; 6 The decision of the Council shall be final. -4- . + I “I l I l e .. :‘P ... . .. I 1; 2‘ 3 4 5 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, 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 2 3 24 25 26 27 28 29 30 B, C, personal obligaticm af THE SUBJECT PRQPERTY, and L). 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; 8. 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 32 -5- 1 2 4 E 3 i 14 1: 1C 1: 2: 21 2! 2' 3 1) 0 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 :