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:
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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
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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
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7 abatement of nuisances within the City, and
8 WHEREAS, it has been alleged that there exists a nuisance on that certain
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real property within the City of Carlsbad known as 2741 Crest Drive,
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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
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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
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and objections regarding whether a public nuisance exists as alleged on the
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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
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creating, causing, committing or maintaining the public nuisance, a lien
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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
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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
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