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.
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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
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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.