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HomeMy WebLinkAbout1976-03-16; City Council; 3602; Public Nuisance Elm Ave.&Santa Fe RailroadCITY OF CARLSBAD AGENDA BILL NO._^ _ Initial pflTE! MARCH '£ 1976 -. DEPARTMENT: BUILDING DEPARTMENT Subject: C. Atty. PUBLIC NUISANCE ELM AVE. AND SANTA FE RAILROAD Statement of the Matter On February 17, 1976, Mr. Fred Maerkle, both tenant and lessee or the premised located at Elm Ave. and the Santa Fe' Railroad, was served with a written notice to abate the nuisance at this location. However, as of this date neither Mr. Maerkle nor the owner have complied with said notice. Therefore, under the provisions of Chapter 6.16 it is re,^ that the action therein provided be set and accomplished for the abatement of said nuisance. Exhibit Letter to Mr. Maerkle dated 2-17-76 Resolution No. 387.1 Recommendation COUNCIL ACTION 3/1676 Resolution No. 3871 was adopted. February 17, 1976 Mr. Fred Merkle ;5032 Tierra del Oro Car? "ifatv^t Ca. 9200ft. , SUBJECT: FIRE SITE, ELM AVB. AND RAII» ROAD On February 9, 1976 I personally spoke with Mr. Brisbos of the Great American Insurance Company regarding the insurance claim for the subject fire. 'Mr. Brisbos informed me that the insurance claim has been paid in full. He also stated that there was no clause which cover s cleaning up the debris which resulted from the fire. I do hereby give you notice to abate said debris within ten (10) days of this notice, or it shall be my duty to order a Public Works crew to do same and the charges for such work shall be paid by you or your firm. Failure to pay the charges shall result in the City of Carlsbad filing a lien on your property or properties. If you need assistance in obtaining someone to do?the work to abate this nuisance this office will be nappy to help you. RICHARD S. OSBURN Director of Building and Housing RSO:o'k CC: Mr. Poindexter, Real Estate Division Santa Fe R.R. 00 _!3 § _• t CM *S £ 8SlI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 « !T < "• -i m00 0 5 J 17 Z £ 8 Q 1 R UJ ^ <N rf ^.O ° £ " oo2 O w >< 5 19 • g ° 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING A PUBLIC HEARING REGARDING PUBLIC NUISANCE ALLEGED TO EXIST AT 401 ELM AVENUE IN THE CITY OF CARLSBAD WHEREAS, Chapter 6.T6 of the Carlsbad Municipal Code provides for the abatement of nuisances within the City; and WHEREAS, the Director of Building has alleged that there exists a nuisance on that real property within the City of Carlsbad known as 401 Elm Avenue and Assessor's Parcel No. 203-296-2; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1.. The real property upon which the public nuisance is alleged to exist is known as 401 Elm Avenue and Assessor's Parcel 203-296-2, Carls.bad, California. 2. The City Council does hereby declare its -intention to hold a public hearing at the hour of 7:00 P.M., at the City Hall Council Chambers, 1200 Elm Avenue, City of Carlsbad, on April 6th? 1976 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, after said public hearing, a public nuisance 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | 15 il 16 3i 17 § I 18 i 19 20 21 22 23 24 25 26 27 28 2a_ of such abatement a personal obligation of the person creating, 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. 4. The Director of Building is directed to post this resolution and otherwise give notice of this matter as required by Section 6.16.060 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of March , 1976, by the following vote, to wit AYES: Councilman Frazee, Lewis, Skotnicki, Packard and Councilwoman Casler NOES: None ABSENT:None ROBERT C. FRAZEE, Ma^or ATTEST : „ /). ^2^M cJL*UL^ J MARGARET E. ADAMS, City Clerk NORA .K. GARDINER, Deputy City Clerk (SEAL) 2.