HomeMy WebLinkAbout1972-06-07; City Council; 789; Public Nuisance alleged to 2715 Roosevelt StreetTHE CITY OF CARLSBAD, CALIFORNIA
Agenda Bill No. /fr/ Pate; June , 1972 _
-Referred To: City Council
Subject: Public Nuisance Alleged to Exist. at Submitted By:
2715 Roosevelt Street- in the City of Carlsbad. Richard S. Osburn
Owner, Barouir N. Mazloum. Building Dept.
Statement of the Matter
Conditions existing at this address are dangerous and a potential
hazard to the surrounding property. Evidence will be submitted
at the Public Hearing "as to these conditions. The Council will
be asked to find that a Public Nuisance does exist and that it
should be permanently abated pursuant to the. Municipal Code,
Chapter 6. 16.
Mr. B.N. Mazloum has been contacted several times by both this
department and the Fire Department without any results as to
getting compliance. •
Exhibit
a. Photographs (3)
b'. Copy of letter to Mr. Mazloum from Bldg. Dept.
c. Copy of letter to Mr. Mazloum from Fire Marshall
d. Extract from Bldg. -Report
e. Resolution No . ^/f ^ /
•( Resolution No. .^2041
Staff Recommendations
6-7-72 Adoption of Resolution No.
7-5-72 If the Council finds a nuisance does exist, Resolution No. 2041 should
be adopted.
AB Wo. Date
City Manager's Recommendation
Concur.with staff recommendation
Counci1 Ac tion
6/7/72 Resolution No. 2029., declaring its intention to hold a public
hearing on June 20, 1972,-was adopted by title'only and further
reading waived.
6/20/72 (Matter not heard; Building Inspector to post property for
Public Hearing on July 5, 1972)
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7/5/72 A Public Hearing was held; The Council agreed that the 'City
Attorney be instructed to prepare a Resolution for the next
regular meeting and the matter be deferred .
7-18-72 Resolution #2041 declaring a public nuisance to exist at 2715
Roosevelt Street was. adopted and owner of property given
until August 31, 1972 to correct condition of property.
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RESOLUTION NO.2029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
REGARDING PUBLIC NUISANCE ALLEGED TO EXIST AT 2715
ROOSEVELT STREET IN THE CITY OF CARLSBAD.
WHEREAS, Chapter 6.16 of the Carlsbad Municipal Code provides
for the abatement of nuisances within the City, and
WHEREAS, it has been alleged that there exists a nuisance
on that real property within the City of Carlsbad known as
2715 Roosevelt Street, and, Assessor's Parcel #203-101-05,
NOW THEREFORE BE IT RESOLVED THAT:
1. The real property upon which the public nuisance is
alleged to exist is known as 2715 Roosevelt Street, and Parcel
#203-101-05, 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 June 20th, 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 "/ ^* day of
^ , 1972 by the following vote to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee
NOES: None.
ABSENT: None.
/s/
DAVID M. DUNNE: Mayor of the City of
Carlsbad, California
ATTEST:
IARET E. ADAMS
City Clerk
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May 22, 1968
Mr. Barouir N. Mazloun
2715 Roosevelt Street
Carlsbad, California
Dear Mr. Mazloum:
In order to avoid further action by the City Attorney's
Office, it is necessary that you narsorially net in touch
with Mr. 3ic!urd Osburn. Chief Suildinci Inspector at the
City Hall as soon as possible.
Very truly yours,
"AY E.
3uildinn Inspector
1 an
,200 ELM AVENUE mm
CARLSBAD, CALIFORNIA 92008 » ^*» ' ^ (714)729-1181
City of Cartebab
April 2S, 1970
Afr. Barouir N. Mazloum
2715 Roosevelt Street
Carlsbad, California 92008
Dear Mr. Mazloum:
On April 22, 1970, your property was inspected by the City Fire
Marshal and the City Building Inspectors for conditions deemed
to be in violation of Codes and Ordinances of the City of Carlsbad,
This letter is to notify you that the accumulation of junk in
the rear yard of 2715 Roosevelt Street is deemed by the Fire
Department to be in violation of the following City Codes and
Ordinances:
ORDINANCE NO. 5039:
1. Chapter 12A - Junk (Accumulation)
Sec. 12A.4 - (3) Fire Hazard
Sec. 12A.6 - Fire Wood
2. Uniform Fire Code, Article 22
Sec. 27.05 - Accumulation of waste material.
3. Ordinance 5020A - Weed and trash abatement.
You are hereby given notice to remove said junk and to bring
said accumulation of remaining junk into conformity with the require-
ments of said Ordinances and Codes. A reinspection of your property
will be made within thirty days of the date of this notice.
Failure to comply will result in further action by the City Attorney's
Office.
Vexy truly yours,
A. WOLENCHUK, B/C
FIRE MARSHAL
AW:mjl
CC: City Attorney
I/Building Department
Sanitation Inspector
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RESOLUTION NO. 2041
A RESOLUTION OF THE CITY OF CARLSBAD CITY COUNCIL
FINDING THE EXISTENCE OF A PUBLIC NUISANCE AT.
2715 ROOSEVELT STREET.
WHEREAS, a public nuisance is alleged to exist at 2715
Roosevelt Street, Carlsbad, and *
WHEREAS, Resolution No. 2029 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 18th day of July 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, pieces and parts of autos, lumber,
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 detrimental 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, pieces and parts of autos, lumber, 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
said nuisance will be required to abate such nuisance on or before
August 31 . 1972. If said public nuisance is not abated on
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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 18th day of July, 1972 by the following vote to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
IVVID M. DUNNE: Mayor of the City of
Carlsbad, California
ATTEST:
ftfRGflfREE/E. ADAMS *(
City ^l^tk(/
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