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HomeMy WebLinkAbout1991-04-02; City Council; NS-144; CMC 6.16 amends - Public nuisances..... 1 0 0 ORDINANCE NO. NS-144 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE TO REGULATE PUBLIC NUISANCES. 4 5 6 California, does ordain as follows: subsection 6.16.020(3) to read as follows: 8 Carlsbad Municipal Code is amended by the amendment oj 7 SECTION 1: That Title 6, Chapter 6.16 of tht The City Council of the City of Carlsbad, 9 10 11 12 iU% yzz gang Koch 0; g % Z>J2 ooaa Qc-= ~D’o oLL u ‘ad >ma 82&- $UWO ZO$$ qgy g:: 0 13 14 15 16 17 18 19 20 21 22 23 24 ‘I (3) State that if a public nuisance is found tc exist on the subject property, the council will order thc abatement thereof at the expense of the persons creating, causing, committing or maintaining it, and will make the cos1 of such abatement a creating, causing, committing or maintaining the public nuisance, (B) Personal obligation of the property ownel of the subject property, and a (C) Special assessment against the subjecl property or a lien against the subject property.t1 (A) Personal obligation of the persol SECTION 2: That Title 6, Chapter 6.16 of the Carlsbac Municipal Code is amended by the amendment of subsection: 6.16.040(4) and (5) to read as follows: II (4) The date before which the owner of thc property or the persons creating, causing, committing 01 maintaining such public nuisance will be allowed to abate it and (5) That if such public nuisance is not abated 01 or before such date, that the council will cause the abatemen. thereof and will make the expense of abatement a persona obligation of the person creating, causing, committing 0: , maintaining the public nuisance, a personal obligation of thl property owner of the subject property, and a specia assessment against the subject property or a lien against thl subject property. It 25 SECTION 3: That Title 6, Chapter 6.16 of thl 26 Carlsbad Municipal Code is amended by the amendment of Sectio 27 ll 6.16.060 to read as follows: 28 I1 1 1 2 3 4 5 6 7 8 0 0 1t6.16.060 Failure to abate nuisance. (a) In the event such public nuisance is not abated on or before the date described in subparagraph (4) of Section 6.16.040, the city manager shall, and he is automatically authorized and directed to cause the abatement thereof by city agents, employees or by private contract, and in connection therewith such city agents or employees, or such private contractors and their employees, may enter upon the subject property to abate the nuisance. (b) Notwithstanding any other provision of this code, failure to abate such public nuisance on or before the date described in subparagraph (4) of Section 6.16.040, wher ordered to do so in accordance with the provisions of this chapter, or state law where such state law is applicable, i: a misdemeanor. I# 9 10 11 SECTION 4: That Title 6, Chapter 6.16 of thc Carlsbad Municipal Code is amended by the amendment of Sectior 6.16.070 to read as follows: 12 nG? &Em gang gkzz 14 @A2 mank 'sg 15 u *ad ,>ma $ZJ rr~d 16 go82 q8y m> $tu? 13 ow urn0 CY$ 17 Go t16.16.070 Account of cost of abatement to be kept, The city manager shall cause to be kept an accounl of the cost of such abatement and related adrninistrativc costs, and upon completion thereof, the city manager shal: write a report stating the cost thereof and shall thereil specify the time and place at which the council will receivc and consider such report, together with any objection5 thereto. 1I SECTION 5: That Title 6, Chapter 6.16 of thc Carlsbad Municipal Code is amended by the amendment of Sectiol l8 19 6.16.090 to read as follows: council shall hear and consider any and all evidence an1 21 At the time and place specified in the report, thi council. 20 "6.16.090 Determination of abatement cost b assessment roll or the supplemental roll, whichever is mor 28 address of the recorded owner based on the last equalize assessor's parcel number, the street address and the name an 27 description of the subject property, the correct count 26 25 conform to such correct abatement cost; 24 23 conclusion thereof, the council shall, by resolution: consideration may be continued from time to time and upon th 22 objections regarding the cost of abatement. The hearing an' (1) Determine the correct abatement cost; (2) If necessary, modify such report t (3) Confirm the report as presented o modified; (4) State the date of the abatement order; (5) Determine and state the correct legal 2 11 I1 .* 6 ncn &ug m> $E& <an: ow ouum noaa $>S +5g mu,, zz1 ZOZ$ qgy c25 U '61 wmo +>m~ a a: d sio 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 current. The decision of the council shall be final." SECTION 6: That Title 6, Chapter 6.16 of the Carlsbad Municipal Code is amended by the deletion of subsection 6.16.100 (4) and the amendment of subsections 6.16.100(2) and (3) to read as follows: "(2) Personal obligation of the property owner of (3) Special assessment against the subject property the subject property; and a or a lien against the subject property." SECTION 7: That Title 6 , Chapter 6.16 of the Carlsbad Municipal Code is amended by the amendment of subsection 6.16.110(1) to read as follows: It (1) Recordation in the off ice of the count1 recorder of a certified copy of such resolution confirmin5 such report so as to give notice of the lien; (A) Prior to recordation, a notice of lier shall be served on the owner of record in the same manner as summons in a civil action in accordance with Article : (commencing with Section 415.10) of Chapter 4 of Title 5 0-1 Part 2 of the Code of Civil Procedure. If the owner of recorc after diligent search cannot be found, the notice may bc served by posting a copy thereof in a conspicuous place upor the property for a period of 10 days and publication thereoj in a newspaper of general circulation in San Diegc County. (B) The lien shall be recorded in the count! recorder's office and from the date of recording shall haw the force, effect and priority of a judgment lien and may bt foreclosed by an action brought by the city for a mone! judgment. (C) The city may recover from the propert owner any costs incurred regarding the processing ant recording of the lien and providing notice to the propert owner as part of its foreclosure action to enforce the lien (D) In the event that the lien is discharge( or released or satisfied, either through payment 0: foreclosure, notice of the discharge containing the amount o the lien, the date of the abatement order, the street address legal description, assessor's parcel number, and the name an' address of the recorded owner shall be recorded in the count recorder I s off ice. II SECTION 8: That Title 6, Chapter 6.16 of th Carlsbad Municipal Code is amended by the amendment o 3 e- (. - u sum $Eg m a>: <a;& OlLa Z>JZ OcgK ma,: +tm< uyo Gho 2082 >!&Y z:$ 0066 LL I 61 Do 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a subsection 6.16.130(3) to read as follows: It (3) If the council decides that such a nuisance does exist, it may cause the abatement thereof and the cost of such abatement shall be a special assessment or a lien against the property on which it is maintained and a personal obligation against the property owner, and may be collected pursuant to the provisions of Government Code Sections 38773, 38773.1, 38773.5 and other applicable statutes." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to bc published at least once in the Carlsbad Journal within fifteer days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of March , 1991, and thereafter PASSED AND ADOPTED at a regular meeting of the Citl Council of the City of Carlsbad on the 2nd day of April , 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard and NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY ATTEST : Q 6 64.- ALETHA L. RAUTENKRANZ, CAty Clerk 4