HomeMy WebLinkAbout1972-04-18; City Council; 713; Public Nuisance alleged to 3700 El Camino RealTHE CITY OF CARLSBAD, CALIF' ORNIA
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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.
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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
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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.
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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.
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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.
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DAVID M. DUNNE: Mayor of the City
of Carlsbad, California
ATTEST:
6<?y^t
MARGARET E. ADAMS L,
City Clerk
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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.
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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
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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
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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
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