HomeMy WebLinkAbout1970-04-29; City Council; 177; Abondoned House - 975 Laguna Dr.T '8 'E CITY O F CARLSBAD,CALIFORNIA
Agenda Bill No. // /Date: April 29. 1970
"Referred To:
Subject:Abandoned House - 975 Laguna Dr".Submitted By:
GIrard W. Anear, Chief
Carlsbad -^ire Dept.
Statement of the Matter This house and accessory buildings hr-ve
been abandoned for some time. Over a year ago they were condemned by
the Building Department. The ceilings snd floors are collpasing.
Most of the plumbing is gone, and all windows are broken. The
buildings contain: junk furniture, appliances, rolled carpeting,
large amounts of rubbish and other filth scattered throughout the
premises. All buildings are wide open, and children have been play-
ing in the buildings. The property is overgrown with weeds. The ,
City has received numerous justifiable complaints pertaining to the
property. V7e have contacted the owner of the property, p.andy Brier,
through his Attorney, and prior to the implementation of the Smog
Regulations, even offered to burn the property down, provided he^
pay a very nominal fee of $£0 as recommended by the Public Works
Department head, to cover the cost of hauling off the remaining
non-combustible debris (foundation, piping, old automobile parts,
etc.) This was unacceptable to him.
The house, accessory buildings, and exterior premises are a severe
fire,, health, and life hazard; particularly for children.ffyg*x>*)£x
6-16-70 - A hearing will be held to consider this matter.
Pictures and slides.
1. Letter from Dr. J. B.'Askew, M.D., dated May 22, 1970
2. Petition signed by 11 .residents to Dr. Askew dated May 17, 1970.
3. Resolution No. 1740.
4. Resolution No. 1748.
Staff Recommendations
The buildings and premises be declared a
public nuisance under City Ordinance ??2028, Sec. 13.s5, 13.27
Uniform i^ire Code covering trash and sub-standard buildings)
City Ordin J?010A Sec 6 (Trash upon private property declared nui-
sance)_ Sec 7 (Weeds may be declared nuisance) Sec 8 (Authority to
abate nuisance) Sec 13 and Ord. No. 5037 Sec 1 (Charges for abate-
ment ) -.
AB No. 177 Date.
City Manager's Recommendation
I concur that action should be taken to declare this property a
public nuisance.
Council Action
6-3-70 Agenda Bill #177 approved in accordance with staff recommenda^
tions and Resolution #1740 adopted, by title only. City Clerk
instructed to notify property owner of public hearing to be
held on June 16, 1970. ,
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J. B. ASKEW. M. D.. M. P. H.
DIRECTOR OF PUBLIC HEALTH
DEPARTMENT OF PUBLIC HEALTH
16OO PACIFIC HIGHWAY SAN DIEGO, CA 921OI
TELEPHONE 239-7711
May 22, 1970
Honorable City Council
City of Carlsbad
1200 Elm
Carlsbad, CA 92008
Attention: Winder F. Friday, Acting City Manager
Gentlemen:
This department has received a petition from Mr. Paul S. Miller, et al. (copy
attached) concerning an abandoned shack at 975 Laguna Drive in the City of
Carlsbad.
We have discussed this matter with your Chief Building Inspector, Mr. R. S. Osborn
and he informs us that he and the City Fire Department have requested the City
Attorney to place this matter on your Docket for hearing on June 3, 1970.
We recommend that the City Council find this building to be a public nuisance
and in violation of the State Housing Standards and said building be demolished
and the premises left in a sanitary condition or the owner make the necessary
improvements to bring this building in compliance with the State Housing Standards.
We stand ready and available to help your staff in any manner that you may desire
to help bring this structure in compliance with the State Housing Standards or
to have same demolished.
Should you desire more information or help from this department, please contact
Mr. Walshe, Chief of our Division of Environmental Sanitation, at telephone
#239-7711, extension 420.
Yours very truly,
JBA:WBW:jh
attach.
cc: V. Dorneden
cc: K. Olson
J. B. Askew, M. D.
Director of Public Health
Serving all of the incorporated and unincorporated areas of San Diego County
Carlsbad, California
May 17, 1970
Re: Health & Fire hazard.Dr. John Askew
Public Health Officer
1600 Pacific Highway
San Diego, California
Dear Sir:
An abandoned shack with broken windows, surrounded by brush,
located at 975 Laguna Drive in the City of Carlsbad is becoming
a haven for small children, hippies, bums, rodents and stray
cats and dogs. This condition has been prevelant for the past
three years. It seems we have a conflict of interest problem
due to the fact that the City Attorney is also the attorney in fact
for the heirs or owners of said property. Being the County Health
Officer we neighbors feel that it is your sworn duty to demand
that said hazard be removed or demolished, as provided by State
and County Health Codes. The local city council has been
approached several times by letter the past 3 years and no action
has been taken. If we cannot get action through your department,
then perhaps we must notify the State Attorney General's office.
This, we don't wish to do. Dr. Askew, we plead with you as
a gentleman and humanitarian to execute the authority of your
office and have this unsightly mess removed from our nice
neighborhood. We will be forever grateful to you for a service
greatly needed. Thank you.
Very truly yours,
0 7'Ul'i UA) <
990 Laguna Drive, Carlsbad
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RESOLUTION NO.1740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD REGARDING ALLEGED PUBLIC NUISANCE AT 975
LAGUNA DRIVE.
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. It has been alleged that there exists on real property at
975 Laguna Drive in the City of Carlsbad a public nuisance in that
said property is in a condition which is adverse or detrimental to
public peace, health, safety, and general welfare, and which is
maintained so as to permit the same to become so defective, un-
sightly, dangerous and in a condition of deterioration and dis-
repair so that the same will, or may, cause harm to person, or
which will be materially detrimental to property and/or improve-
ments located in the immediate vicinity of said property.
2. The City Council will hold a public hearing at 7:30 p.m.,
on June 16, 1970, at the City Council Chambers at 1200 Elm Avenue,
Carlsbad, California, to hear and consider any and all evidence
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and objections regarding whether a public nuisance exists as
alleged, and will at said hearing determine whether or not such
public nuisance exists on said property.
3. If a public nuisance is found to exist on said property,
the City Council will order the abatement thereof at the expense
of the persons creating, causing, committing, or maintaining it,
and will make the cost of such abatement a:
(1) personal obligation of the person creating,
causing, committing, or maintaining the public
nuisance.
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(2) lien against the subject property.
(3) personal obligation of the property owner of
the subject property, and/or special assess-
ment against the subject property.
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PASSED, APPROVED, AND ADOPTED at a meeting of the City
Council of the City of Carlsbad, California, held June 3
1970, by the following vote, to wit:
AYES: Mayor Dunne, Cmn. McComas, Castro and Lewis.
NOES: None.
ABSENT: Cmn. Jardine.
.r'~ T. *~^<r..xr.DAVID M. DUNNE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
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RESOLUTION NO. 1748
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD FINDING EXISTENCE OF
PUBLIC NUISANCE ON PROPERTY AT 975 LACUNA
DRIVE.
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The City Council of the City of Carlsbad does hereby resolve
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as follows:6
1. Pursuant to Council Resolution No. 1740, the Council held
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a public hearing at 7:30 p.m. on June 16, 1970, at the City8 i
Council Chambers at 1200 Elm Avenue, to hear and consider any and
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all evidence and objections regarding whether a public nuisance10;
exists on property located at 975 Laguna Drive, Carlsbad, Calif-
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2. All notices and procedural requirements for the holding of13
said hearing have been duly met as required by law.
3. At said hearing, the City Council heard and considered the
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, evidence of all persons desiring to be heard.
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4. Upon consideration of all of the evidence submitted, the17 |
Council determined that a public nuisance did exist on said
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property.
5. The City Council hereby orders the abatement of said
i public nuisance at the expense of the person creating, causing,
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commiting, and maintaining it and makes the cost of such abatement
a personal obligation of the person creating, causing, commiting,
and maintaining said nuisance; a lien against the property located
at 975 Laguna Drive and otherwise described as Assessor's Parcel
No. ^OQ^ -3.03- (ZO-lf; a personal obligation of the property owner of
said property; and a special assessment against said property.
6. The Council orders that the public nuisance on said
property shall be abated; that the factors, things, conditions,
or otherwise which cause or constitute the public nuisance are
the existence of delapidated structures, weeds, scrap metal and
lumber, and debris; that the acts necessary to abate said
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public nuisance include the removal from said property of said
items; that the date before which the persons creating, causing,
commiting, or maintaining said public nuisance will be allowed to
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abate it shall'be July 15, 1970; and if said public nuisance is
not abated on or before said date, the Council will cause the
abatement thereof and will make the expense of abatement a lien
against the subject property and a personal obligation against the
property owner of the subject property.
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PASSED, APPROVED, AND ADOPTED at a meeting of the City
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Council of the City of Carlsbad, California, held June 16th » '11:
1970, by the following vote, to wit:
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AYES: Mayor Dunne, Cmn. McComas, Jardine, Castro and Lewis.
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NOES: None.
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ABSENT: None.
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16 D7WTD M. DUNNb, Mayor
ATTEST:
MARGARET IT. MJAMSTLity ClerK