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HomeMy WebLinkAbout1971-12-01; City Council; 589; Alleged nuisance at 2741 Crest DriveTHE CITY OF CARLSBAD,CALIF' O K N I A Agenda Bill No .Da te .•December 1. 1971 -Referred To: Subject: Alleged nusiance at 2741 Crest Drive • Submitted By Carlsbad, California ' Building Department Statement of the Matter Several conditions exist at this address which are dangerous to the occupancy and a potential hazard to surrounding property. Evidence will be submitted at public hearing as to these conditions. The council will then be asked to pass a Resolution finding that a public" nusiance exists and that it should be permanently abated pursuant to our Municipal Code Chapter 6,16 Exhibit Attached exhibit - Staff Recommendations Procedure recommended by Dick Osburn Jan.' 27, 1972 - Dir. of Bldg. & Housing recommends that the public hearing proceed, declaring this a public nuisance as stated in Resolution # 1926. AS No. 589 Date: December 1, 1971 City Manager's Recommendation COUNCIL ACTION: .5-16-72 Resolution #1926 declaring absence of nuisance at 2741 Crest Drive was adopted. Council Action 12-7-71 The Public Hearing was held and evidence presented "by the Building Department and the City Attorney. 'Following discussion it was agreed that consideration of Resolution #1926 be held open until December 21, 1971, on the express assurance by the representative of the owner and the prospective owners • " that work would commence on the property December 8,-1971. m • 12-21-71- The Building Inspector reported on the progress made by the new owners in clearing the property of debris and rats.,, and It was- agreed that- the matter be continued until January 4\' .1971. 1-4-72 2-1-72 4rl8-72 SEE ABOVE this matter was continued to Inspector, the Council continued i.n April to allow escrow to At the reques-t of the City Attorney the meeting of February 1, 1972. Following- a report by the Building the matter until the first meeting close on the subject property. • Property.owner requests that building be a M.awed to remain for human habitation. Since the building is substandard and must be brought up to Code, this matter was continued to May 16, 1972 to allow property owner ar^apportunity to do so. MEMORANDUM December 1, 1971 TO: CITY MANAGER, CITY ATTORNEY AND CITY COUNCIL FROM: RICHARD S. OSBURN SUBJECT: Mary R. Brigg's property abatement, 2741 Crest Drive, Carlsbad. The Building Department has inspected Mary Brigg's property on Crest Drive in the City of Carlsbad and finds the grounds and structures on this property in an unsanitary, structurally unsafe and health hazard condition. There is considerable plant undergrowth surrounding the structures and grounds. Photograph # 1 - Taken from the gate, down the driveway. Photograph # 2 - You can observe the plant growth and the proximity of the buildings to each other. Photograph # 3 - Evidence of the trash and debri on the property. Photograph # 4 - Shows the height and width of the buildings, note the door. Photograph # 5 - Shows the type of construction used; some shelving, and plywood. Note: trash, debri and vine undergrowth. All of the structures are of some type of wood con- struction and set directly on the ground. This type of construction has not been an approved method by building codes for many years. The Building Department recommends that all structures located on the property at 2741 Crest Drive be demolished and the undergrowth removed. The rat infestation will cease when the unsanitary structures and under- growth are removed. We feel that all buildings are substandard in every respect and cannot meet the requirements of the building codes required. A. Sanitation 1. Infestation of vermin and rodents as determined by the health officer. 2. Lack of adequate heating facilities. 3. Ceiling height inadequate, 6'9" where ceiling is in, open rafters where there is no ceiling installed. Page 2 Mary Brigg's abatement December 7, 1971 4. Lack of adequate garbage and rubbish storage and removal facilities. 5. General dilapidation and improper maintenance. 6. Existing outhouse or privy. B. Structural Hazards 1. Deteriorated and inadequate foundations. 2. Members of walls and partitions and other vertical supports are of improper construction to carry imposed loads with safety. 3. Lack of protection to exterior of building from the weather and elements. 4. Scrap lumber and vegetation growth on exterior walls of buildings. 5. Building incomplete and in places exterior has corregated cardboard exterior. 6. Construction does not meet with good construction practices. C. Electrical 1. Illegal splices 2. Open knife switches used as wall switch to energize plug and light socket. 3. Sub panel has more than one conductor in circuit breakers. 4. Romex (non-metallic cable) exposed to surface making it subject to damage. 5. Pull chain fixture where person could make contact with plumbing fixtures. 6. Feeders from sub panel to accessory building improper wire and improperly run from building to building. .C- -ICHARD S. OSBURN Director of Building and Housing 1200 ELM AVENUE • 2Vr I • TELEPHONE: CARLSBAD, CALIFORNIA 92008 WWi9 9M (714) 72W181 &itp of Cartebab I, Richard S. Osburn declare that on November 30, 1971, the undersigned, Director of Building and Housing did cause two (2) copies of Resolution No. 1924 to be posted as follows: by attaching copies to front gate of subject property known as 2741 Crest Drive did personally deliver a copy of Resolution No. 1924 to each person of the last equalized assessment roll available on the date of resolution as adopted by the City Council of the City of Carlsbad. I make the foregoing declaration under penalty of perjury. RICHARD S. OSBURN Dated: December 7, 1971 OFFICIAL NOTICE Sheet I of / Sheets Reinspect on or about X< ±. Mil Date....W.L\! .<-.., Name. First Last Owner, Permittee,..AflQot..:Tenant Address You are hereby notified that an inspection of your ............. LA..s..y.Y.?..s..'...*-..--. ...................................................................................... located House, Cafe, Apt. House, Etc. at !"L.iAddress of Violation City was made Date by .V.H.V.D. !l.y..:...L\..S»..V^ of the County of San Diego Department of Public Health. The Sanitarian f ol I ow in q desc r ibed c ond i t i on (s) i s /are in v i ol at i on of .....',_'u,iA.i..;.vi^:»"i.'.\.i.:. A .!..">. •:.\.v'.'i.,.!..5i.!.'5-.!T..^.'.«.l.i'.j..v.-. .W.^.A VPublic Health Laws ....L..L.!.L.'..L. '.-.S..O..A L..4..':1..*JL"^ and shall be corrected within ....Zb..L.! days: JllJLJ ..... l.*.A.L.i-.^.\_.t.lL;.i,,:> ....... .^±S ..:...:.L:V.;:.L..tA.!s,.Li.*':!.....-...... .T..J ./..J <AV\ .v QA ^i:^.A.L., \ .V . v Owner, "Manager, Agenvj Tenant Received By: ..•.'..\.>....5...'.:.;:_l;;r.".....\....T..v.:-..'. :-^..V.:..\.V.> Sanitarian. COUNTY OF SAN DIEGO DEPARTMENT OF FDBLIC HEALTH 1600 PACIFIC HWY., SAN DIEGO, CA 92101 PHONE 239-7711, EXT 611 SAN 41 (Rev. 4-711 20M 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 29 30 31 32 I RESOLUTION NO. 1926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD FINDING THE ABSENCE OF A PUBLIC NUISANCE AT 2741 CREST DRIVE. WHEREAS, a public nuisance is alleged to exist at 2741 Crest Drive, Carlsbad, and WHEREAS, Resolution No. 1924 has heretofore been passed by the City Council in conformance with Carlsbad Municipal Code Section 6.16. 020, and WHEREAS, the notice requirements of Section 6. 16. 030 of the Carlsbad Municipal Code have been fulfilled, and WHEREAS, a Public Hearing in conformance with Section 6. 16. 040 of the Carlsbad Municipal Code was held commencing on December 7, 1971, at the hour of 7:30 P. M., at a regular City Council meeting, IT IS HEREBY RESOLVED that a public nuisance is found not to exist on said property. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Carlsbad at a regular meeting of the City Council held on May 16, 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. ATTEST: JAV1D M. DUNNETJVTayor MARGARET E. ADAMS City Clerk CITY OF CARLSBAD.5 6 7 abatement of nuisances within the City, and 8 WHEREAS, it has been alleged that there exists a nuisance on that certain 9 real property within the City of Carlsbad known as 2741 Crest Drive, 10 NOW THEREFORE, BE IT RESOLVED THAT: 1. The real property upon which the public nuisance is alleged to exist is known as 2741 Crest Drive, Carlsbad, California. 2. The City Council does hereby declare its intention to hold a public 13 14 2Q 21 2Q 29 30 31 52 RESOLUTION NO. 1924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REGARDING PUBLIC NUISANCE ALLEGED TO EXIST AT 2741 CREST DRIVE IN THE WHEREAS, Chapter 6. 16 of the Carlsbad Municipal Code provides for the 15 hearing at the hour of 7:30 p.m., at the City Hall Council Chambers, City 16 of Carlsbad, on December 7, 1971, to hear and consider any and all evidence 17 and objections regarding whether a public nuisance exists as alleged on the 18 subject property. At said time and place the Council will determine whether or not such a public nuisance exists on said property. 3. If a public nuisance, after said public hearing, is found to exist on the subject property, the Council will order the abatement thereof at the 23 expense of the persons creating, causing, committing or maintaining it, and 24 will make the cost of such abatement a personal obligation of the person 25 creating, causing, committing or maintaining the public nuisance, a lien 26 against the subject property, a personal obligation of the property owner of<& 7 the subject property, and a special assessment against the subject property. PASSED, APPROVED AND ADOPTED, by the City Council of the City 3 4 5 6 7 8 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of Carlsbad at an adjourned meeting held on the 1 6th day of November , 1971, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Jardine and Lewis. NOES: None. ABSENT: Cmn. Castro. DAVID M. DUNNE: Mayor of the"City of Carlsbad, California ATTEST: MAROA.RET E. AOAMS Cit//Clerk -2-