HomeMy WebLinkAbout1991-04-02; City Council; NS-144; CMC 6.16 amends - Public nuisances.....
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ORDINANCE NO. NS-144
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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.
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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,
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‘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:
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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#
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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:
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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
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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
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conform to such correct abatement cost; 24
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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
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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
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Do
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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
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