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HomeMy WebLinkAbout1972-04-18; City Council; 713; Public Nuisance alleged to 3700 El Camino RealTHE CITY OF CARLSBAD, CALIF' ORNIA * Agenda Bill No. /_/ $ Date: April 18, 1972 _ Deferred To: Subject: public Nuisance Alleged to Exist at Submitted By.- 3700 El Camino Real in the City of Carlsbad' Richard S. Osburn Director of Bldg. and Housing Statement of the Matter This property is in an estate being handled by the Southern California First National Bank in La Jolla. The executor of the will was notified of the condition of the property and a token effort was made to clean it up. This condition still exists in part. We are requesting a Public Nuisance Abatement as provided by the Municipal Code of the City of Carlsbad, Chapter 6.16. Exhibit a. Photographs (5) b. Correspondence; letter from Garret B. Clark, Trust Officer, Southern California First National Bank, La Jolla. Letter from Mr. and Mrs. A.W. De Weese,III. Copy of letter to Mrs. Arlene Austin, So. Cal. First Nat. Bank, San Diego. c. Resolution Staff Recommendations AS No. Date: April 18, 1972 City Manager's Recommendation Concur. This property has been a neighborhood nuisance for some time, It has been the source of numerous calls to the Police Department and other City Departments by the neighbors. We suggest that the public nuisance procedures be followed forthwith. Often in these matters it is much easier to deal with a bank as trustee than a group of owners. Council Action 4-18-72 Resolution No. 1983, declaring intention to hold a public hearing May 2, 1972, was adopted by title only and further reading waived.5-2-72 A Public Hearing was held and Resolution No. 1995 finding the existence of a public nuisance at 3700 = 3770 at ETCami.no Real was adopted The date the property must be abated was set for June 9, 1972. -2- TO: CITY COUNCIL - CITY MANAGER FROM: RICHARD S. OSBURN - DIRECTOR OF BUILDING AND HOUSING SUBJECT: SUPPLEMENTAL INFORMATION - 3700 EL CAMINO REAL, CARLSBAD During the last week of January, 1972 this department received a complaint regarding the condition of the property located at 3700 El Camino Real, Carlsbad. The property was visited by Richard S. Osburn and Tony Mata of the Building Department. Numerous old automobiles, parts, pieces of tractors, machinery and pieces of machinery were found. There was a young man on the premises who stated that he was the caretaker for the bank that is handling the estate of Mr. Borden. This party informed me as to who to contact regarding the condition of the property. On February 2, 1972, correspondence was directed to the Southern California First National Bank of San Diego. The enclosed answer was received. On the 5th of February, I received a reply which detained further action as the bank had the cars and other pieces moved to other parts of the property thereby reducing the conditions that were conducive to harboring rodents etc. (Please see enclosed photographs). Thirty days has lapsed and the estate in question has not been settled. It is my opinion that this accumulation of "junk" should be abated through the abatement procedure as provided by the Municipal Code of the City of Carlsbad. (iSiJ RICHARD S. OSBURN DIRECTOR OF BUILDING AND HOUSING RSO: pok 1 2 3 4 6 7 RESOLUTION NO. 1983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REGARDING PUBLIC NUISANCE ALLEGED TO EXIST AT 3700 EL CAMINO REAL IN THE CITY OF CARLSBAD. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 WHEREAS, Chapter 6.16 of the Carlsbad Municipal Code provides or the abatement of nuisances within the City, and 8 WHEREAS, it has been alleged that there exists a nuisance on that real property within the City of Carlsbad known as 3700 El Camino Real, and, Assessors Parcel 167-230-22 and 23, NOW THEREFORE BE IT RESOLVED THAT: 1. The real property upon which the public nuisance is alleged to exist is known as 3700 El Camino Real, and Parcel 167-230-22 and 23, Carlsbad, California. 2. The City Council does hereby declare its intention to hold a public hearing at the hour of 7:30 P.M., at the City Hall Council Chambers, City of Carlsbad, on May 2nd ., 1972 to hear and consider any and all evidence and objections regarding whether a public nuisance exists as alleged on the 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 expense of the person creating, causing, committing or maintaining it, and will make the cost of such abatement a personal obligation of the person creating, causing, committing or maintaining the public nuisance, a lien against the subject property, a personal obligation of the property owner of subject property, and a special assessment against the subject property. X X -1- 1 z 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 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Carlsbad at a regular meeting held on the 18th day of April , 1972 by the following vote to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. x?—-vl_ DAVID M. DUNNE: Mayor of the City of Carlsbad, California ATTEST: 6<?y^t MARGARET E. ADAMS L, City Clerk -2- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 Cttj> of Cartebab I, Richard S. Osburn declare that on April 25, 1972, the undersigned, Director of Building and Housing did cause five (5) copies of Resolution No. 1983 to be posted as follows: by attaching copies on the North Westerly Corner of the property and every 100 foot going South Westerly along El Camino Real to the South Western corner of the property known as 3700 El Camino Real did personally deliver a copy of Resolution No. 1983 to Caret B. Clark, Trust Officer in charge of the estate of Forrest V. Borden deceased. I make the foregoing declaration under penalty of perjury. Richard S. Osburn DATED: April 27, 1972 SOUTHERN CALIFORNIA W #3725 FIRST NATIONAL BANK U April 27, 1972 RECEIVED APR 2 CMr. Louis A. Koe, City Attorney n City of Carlsbad M^ 1200 Eln Avenue CITY OF CARLSBAD Carlsbad, California BUildlng Department Estate of Forrest V. Borden, Deceased Re: Resolution No. 1933 Dear Mr. Hoe: It Is our understanding that at the on Hay 2, 1972, a determination will be taede «s to whether o\ not a^ubj. ic nuisance exists at 3700 El C&eino Real. As you know, this bank has been serving as Exedutor of theHfill of Forrest V. Borden since Marefi~Y§, 1970. According to the terms of the Will, the automobiles sad* tools vJereXfo be^distributed to Jeaa Scheftner, his daughter. On February 3, 197i\ ve petitioned the court to make a preliminary distribution of the autonwbiles and equipment to Mrs. Scheftner, i \ \This praposedx3lBtribution wae opposed^by Ralph Borden as Conservator of the Peseon and Estate of Gladys Borden, the decedent's widow on the basis that the entire eetete was the cozaunity property of the decedent end his spou&e «nd, therefore, the decedent could not dispose of lire. Borden's interest in the automobiles and equipment. Since thit titae, all interested parties in the estate have been attempting to compromisejtheir differences. A vritten Stipulation and Order hss iiov been prepared in accordance with an oral agreement atoang the leneficierits. It has now been signed by all parties with the exception of tlrs. Eorden's Conservator and his attorney. It is our understanding they will sign it cooentarily. As coon «s this has been done, it will be filed with the court and signed by the judge. At that time, we will be in a position to release the autoiapbiles and equipment to Mrs. Scheftner and we will request that she either arrange to have these itens removed from the property herself or authorize us to dispose of them for her. F93-A 2 Mr. Louia A. Moe #3725 SOUTHERN CALIFORNIA Rj r"~~"1 In view of the circumstances, we woulu appreciate your couveyTng""tftf"cne City Council cur request that this matter be continued for a sufficient length of tiraa in order to allow us to resolve the problem. Sincerely, CARET B. CLARK Vice President GBC :blb cc: Mr. R. S. Osburn F93-A 1 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 RESOLUTION NO. 1995 A RESOLUTION OF THE CITY OF CARLSBAD CITY COUNCIL FINDING THE EXISTENCE OF A PUBLIC NUISANCE AT 3700 - 3770 EL CAMINO REAL. WHEREAS, a public nuisance is alleged to exist at 3700 - 3770 El Camino Real, Carlsbad and WHEREAS, Resolution No. 1983 has heretofore been passed- by the City Council in conformance with the 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 on the 2nd day of May 1972 at the hour of 7:30 P.M. at a regular meeting of the City Council, IT IS HEREBY RESOLVED that a public nuisance is found to exist on said property, and said nuisance is hereby ordered to be abated. The conditions which constitute the public nuisance are: The accumulation of trash, old cars, pieces and parts of machinery scattered about the property are unsightly, dangerous and in a condition of deterioration and disrepair as to rendered unusable and may cause harm to persons and are materially det- rimental to property and improvements in the immediate vicinity of said property. It is the determination of the City Council that in order to abate such public nuisance, it will be necessary to remove the trash, old cars, and pieces and parts of machinery from the property or to store same in a proper constructed storage building, or in a manner as approved by the Municipal Code Sections 6.12.030 and 6.12.040. The persons creating, causing, committing and-maintaining - 1 - 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 said nuisance will be required to abate such nuisance on or before June 7 . 1972. If said public nuisance is not abated on or before such date, the Council will cause the abatement thereof and the expense of abatement shall constitute a lien against the subject property and a personal obligation against the property owner of the subject property. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Carlsbad at a regular meeting of the City Council held on the 2nd day of May , 1972 by the following vote to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. DAVID M. DUNNE: Mayor of the City of Carlsbad, California ATTEST: E. ADAMS City Clerk - 2 -