HomeMy WebLinkAbout1997-11-04; City Council; NS-426; CMC 6.16 amends - Nuisances...I/ e
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ORDINANCE NO. NS-426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6,
CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL
CODE
The City Council of the City of Carlsbad, California, does ordain
follows:
SECTION 1: That existing Title 6, Chapter 6.16 of the Carlsb
Municipal Code is amended to read as follows:
Chapter 6.1 6
NUISANCES*
Sections:
6.1 6.01 0
6.1 6.020
6.1 6.030
6.16.040
6.1 6.050
6.1 6.060
6.1 6.070
6.1 6.080
6.16.090
I. Generally
Defined.
Determination of nuisance on real property-Contents of
resolution.
Posting resolution on property.
Hearing-Decision of Council.
Posting and mailing resolution declaring nuisance.
Failure to abate nuisance.
Account of cost of abatement to be kept.
Copies of report of abatement cost to be posted and mailed.
Determination of abatement cost by Council.
6.1 6.1 00 Abatement cost to be lien against property.
6.16.1 10 Collection of cost of abatement.
11. Obstructing Drainage Course
6.1 6.1 20 Declared nuisance.
6.1 6.1 30 Procedure for abatement.
6.16.140 No mandatory duty.
*For provisions regarding animal nuisances, see Section 7.04.010 of this code.
I. Generally
6.1 6.01 0 Defined.
The existence of real property within the city:
A. In a condition which is adverse or detrimental to public peE
health, safety or general welfare; or
B. Which is maintained so as to permit the same to become
defective, unsightly, dangerous or in a condition of deterioration or disrepair so 1
the same will, or may cause harm to persons, or which will be materially detrime,
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to property or improvements located in the immediate vicinity of such real propel
is declared to constitute a public nuisance.
6.16.020 Determination of nuisance on real propertv-Contents of resolution
Whenever it is alleged to the City Council that there exists on any rl
property in the City a public nuisance as defined in Section 6.16.010, the Cour
shall pass a resolution:
A. Describing the real property upon which the public nuisance
alleged to exist by street address or such other description as is reasonal
necessary to identify it. (Such real property will hereinafter be referred to as t
subject property);
B. Declare its intention to:
1. Hold a public hearing at a specified time and place
hear and consider any and all evidence and objections regarding whether a put
nuisance exists as alleged on the subject property,
2. Determine whether or not such a public nuisance exi:
on the subject property,
C. State that if a public nuisance is found to exist on the subjl
property, the Council will order the abatement thereof at the expense of the persc
creating, causing, committing or maintaining it, and may make the cost of su
abatement a:
1. Personal obligation of the person creating, causir
committing or maintaining the public nuisance,
2. Personal obligation of the property owner of the subjc
property, and a
3. Special assessment against the subject property.
6.1 6.030 Postinq resolution on property.
At least five days before the date specified in the resolution described
Section 6.16.020, the building and planning director shall cause a copy or copies
such resolution to be conspicuously posted on or in front of the subject property I
posting at least the following:
A. One notice for the subject property of up to fifty feet of stre
frontage;
B. Two notices for the subject property of more than fifty feet at
up to one hundred feet of street frontage;
C. Notices at not more than one hundred feet apart if the stre
frontage of the subject property is greater than one hundred feet; and the buildil
and planning director shall cause a copy of such resolution to be mailed to ea
person to whom the subject property is assessed in the last equalized assessme
roll available on the date the resolution was adopted by the council.
6.16.040 Hearina-Decision of Council.
At the time and place specified in the resolution described in Sectic
6.16.020, the council shall hear and consider any and all evidence and objectiol
regarding the alleged public nuisance. It may continue the hearing ar
consideration from time to time, and shall, at the conclusion thereof, determine I
resolution whether or not a public nuisance exists on the subject property. Tt
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determination of the Council shall be final. If it is determined that a public nuisan
does exist on the subject property, the resolution so determining shall also ord
state and determine as follows:
A. That the public nuisance shall be abated;
B. The factors, things, conditions or otherwise, which cause
constitute the public nuisance;
C. The acts necessary to abate such public nuisance, includit
but not limited to repair, rehabilitation, demolition or removal;
D. The date before which the owner of the property or the persc
creating, causing, committing or maintaining such public nuisance will be allowed
abate it; and
E. That if such public nuisance is not abated on or before SL
date, that the Council may cause the abatement thereof and may make 1
expense of abatement a personal obligation of the person creating, causit
committing or maintaining the public nuisance, a personal obligation of the prope
owner of the subject property, and a special assessment against the subjl
property or a lien against the subject property.
6.1 6.050 Postinu and mailinq resolution declarina nuisance.
At least five days prior to the date stated in subparagraph (4) of Secti
6.1 6.040, .the building and planning director shall cause a copy or copies of SL
resolution mentioned in Section 6.16.040 to be posted and mailed in the sal
manner as stated in Section 6.16.030.
6.16.060 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
A. In the event such public nuisance is not abated on or befc
the date described in subparagraph (4) of Section 6.16.040, the City Manager mi
be authorized and directed by the Council to cause the abatement thereof by C
agents, employees or by private contract, and in connection therewith such C
agents or employees, or such private contractors and their employees, may en
upon the subject property to abate the nuisance;
B. Notwithstanding any other provision of this code, failure
abate such public nuisance on or before the date described in subparagraph (4)
Section 6.1 6.040, when ordered to do so in accordance with the provisions of t
chapter, or state law where such state law is applicable, is a misdemeanor.
6.16.070 Account of cost of abatement to be kept.
The City Manager shall cause to be kept an account of the cost of SI
abatement and related administrative costs, and upon completion thereof, the C
Manager shall write a report stating the cost thereof and shall therein specify i
time and place at which the Council will receive and consider such report, togetl
with any objections thereto.
6.16.080 Copies of report of abatement cost to be posted and mailed.
At least five days prior to the date described in Section 6.16.070, the C
Manager shall cause a copy or copies of such report mentioned in Sect
6.16.070, to be posted and mailed in the same manner as stated in Sect
6.1 6.030.
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6.16.090 Determination of abatement cost by Council.
At the time and place specified in the report, the Council shall hear 2
consider any and all evidence and objections regarding the cost of abatement. 1
hearing and consideration may be continued from time to time and upon
conclusion thereof, the Council shall, by resolution:
A. Determine the correct abatement cost;
6. If necessary, modify such report to conform to such corr
C. Confirm the report as presented or modified;
D. State the date of the abatement order;
E. Determine and state the correct legal description of the subj
property, the correct county assessor’s parcel number, the street address and
name and address of the recorded owner based on the last equalized assessm
roll or the supplemental roll, whichever is more current.
The decision of the Council shall be final.
abatement cost;
6.16.100 Abatement cost to be lien aqainst property.
The cost of abatement, as confirmed, shall be a:
A. Personal obligation of the person creating, causing, committ
B. Personal obligation of the property owner of the subj
C. Special assessment against the subject property or a I
or maintaining the nuisance abated;
property; and a
against the subject property.
6.1 6.1 10 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the City by any
all of the following or any other lawful means:
A. Recordation in the office of the County Recorder of a certif
copy of such resolution confirming such report so as to give notice of the lien;
1. Prior to recordation, a notice of lien shall be served
the owner of record in the same manner as a summons in a civil action
accordance with Article 3 (commencing with Section 41 5.1 0) of Chapter 4 of Tit11
of Part 2 of the Code of Civil Procedure. If the owner of record after diligent sea
cannot be found, the notice may be served by posting a copy thereof in
conspicuous place upon the property for a period of ten days and publicat
thereof in a newspaper of general circulation in San Diego County,
2. The lien shall be recorded in the County Recordc
office and from the date of recording shall have the force, effect and priority o
judgment lien and may be foreclosed by an action brought by the City for a mor
judgment,
3. The City may recover from the property owner any co
incurred regarding the processing and recording of the lien and providing notice
the property owner as part of its foreclosure action to enforce the lien,
4. In the event that the lien is discharged or released
satisfied, either through payment or foreclosure, notice of the discharge contain
the amount of the lien, the date of the abatement order, the street address, le
description, assessor‘s parcel number, and the name and address of the recorc
owner shall be recorded in the County Recorder’s office;
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B. Civil action by the City;
C. Filing a certified copy of such resolution confirming such rep
with the auditor of the county who shall enter the assessment on the county tax
opposite the subject property. The amount of the assessment shall be collected
the time and in the manner of ordinary municipal taxes. If delinquent, the amoun
subject to the same penalties and procedures of foreclosure and sale provided
ordinary municipal taxes. The legislative body may determine that in lieu
collecting the entire assessment at the time and in the manner of ordinary munici
taxes, such assessment of fifty dollars or more may be made in annual installme
in any event not to exceed five, and collected one installment at a time at the tin
and in the manner of ordinary municipal taxes in successive years. If 2
installment is delinquent, the amount thereof is subject to the same penalties i
procedure for foreclosure and sale provided for ordinary municipal taxes. 7
payment of assessments so deferred shall bear interest on the unpaid balance
the rate of six percent per year;
D. In addition to any other costs of abatement under this chapi
upon the entry of a second or subsequent civil or criminal judgment within a t\i
year period in which the owner of real property is responsible for a condition t
may be abated under this chapter, except for conditions under the State Hous
Law (Health and Safety Code section 17980), a court may order the property OWI
to pay treble the costs of the abatement.
11. Obstructing Drainage Course
6.16.120 Declared nuisance.
course in the City is declared to constitute a nuisance.
6.16.130 Procedure for abatement.
Any obstruction to the free flow of drainage water in a natural drain;
The procedure for the abatement of such a nuisance shall be as follows:
A. Once such a nuisance is alleged to exist on certain prope
the City Council shall cause a written notice thereof to be mailed to the person
whom such property is assessed in the last assessment role available on the d
of mailing, of the time and place for hearing objections and testimony E
determination of whether or not such a nuisance exists. Such notice shall
mailed at least five days prior to the time of hearing;
B. At the time and place stated in the notice, the Council SI
hear and consider all objections and testimony regarding whether or not such a
nuisance exists, and following such hearing shall decide such question. 1
hearing may be continued form time to time;
C. If the Council decides that such a nuisance does exist, it n
cause the abatement thereof and the cost of such abatement shall be a spel
assessment or a lien against the property on which it is maintained and a perso
obligation against the property owner, and may be collected pursuant to
provisions of Government Code sections 38773, 38773.1, 38773.5 and ot
applicable statutes.
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6.16.140 No mandatory dutv.
Nothing in this chapter is intended to create a mandatory duty on behall
the City or its employees under the Government Tort Claims Act and no cause
action against the City or its employees is created by this chapter that would
' arise indepdendently of the provisions of this chapter.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
adoption; and the city clerk shall certify the adoption of this ordinance and causc
to be published at least once in a newspaper of general circulation in the City
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C
Council on the 28th day of October , 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council
the City of Carlsbad on the 4th day of November , 1997, by the following vo
to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY OJiZL
RONALD R. BALL, City Attorney
//f s" 93-
ATTEST:
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