HomeMy WebLinkAbout1976-04-06; City Council; 3602-1; Public Nuisance on 401 Elm Ave.CITY OF CARLSBAD
AGENDA BILL
DATE:
DEPARTMENT:
NO. 3602, Supplement #1
Anril fi 1976
Citv Attorney
Initial:
Dept.Hd.
C. Atty.b/v^
C. Mgr. "fy
~H~
Public Nuisance alleged to exist at 401 Elm Avenue
Statement of the Matter
The City Council at your March 16, 1976 adopted Resolution
No. 3871 setting a public hearing regarding the public
nuisance which the Building Director alleges to exist at
401 Elm Avenue in the City of Carlsbad, Assessor's
Parcel No. 203-296-2. Chapter 6.16 of the Carlsbad Municipal
Code defines a public nuisance as real property in a condition
which is adverse or detrimental to the public peace, health,
safety or general welfare or which is maintained to permit
the same -to be. defective, unsightly, dangerous or in a
condition of deterioration or disrepair so it could cause
harm to persons, or which will be materially detrimental
to property or improvement... values located in the immediate
vacinity. If, after hearing the evidence ort the matter,
the Council determines that a nuisance does in fact exist,
you should, so find, by adopting the attached resolution.
As a part of that resolution the Council also sets a time
limit within which the person responsible will be'allowed
to abate the nuisance. If the nuisance is not "abated, the
resolution directs the City Attorney to institute appropri-
ate legal action. •
Exhibit
Resolution
Recommendation .
If the Council determines that a public nuisance, as defined
by Chapter 6.16, exists on the subject property, your action
is to adopt Resolution ^o.S^77 •
Council action
4-6-76 The matter was continued to the meeting of April 20, 1976.
4-20-76 Following a report by the City Manager, the Council ordered
the matter filed.
I, Richard S. Osburn, the undersigned and Director
of Building and Housing of the City of Carlsbad do
hereby declare that on March 29, 1976 at approximately
3:00 P.M. did cause fourteen (14) copies of Resolution
No. 3871 to be posted as follows: by attaching to
a stake approximately every fifty (50) feet on
Washington Street, Elm Street and at the corner of
Oak Street where Oak Street meets Washington Street
on the property known as 401 Elm Street and did
notify Mr. Fred Maerkle and the Santa Fe Railroad
with a copy of Resolution No. 3871.
I make the foregoing declaration under penalty of
perjury.
CHARD S. OSBURN
DATED: March 30, 1976
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RESOLUTION NO. 3877
00C/J
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A RESOLUTION OP THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA FINDING THAT
A PUBLIC NUISANCE EXISTS AT 401 ELM AVENUE,
IN THE CITY OF CARLSBAD, AND DIRECTING THE
CITY ATTORNEY TO TAKE APPROPRIATE LEGAL
ACTION TO ABATE SAID NUISANCE.
WHEREAS, the Director of Building has alleged that a
Public Nuisance exists at 401 Elm Avenue, Assessor's Parcel
203-296-2 in the City of Carlsbad; owned by the AT & SF Railroad
and leased to Mr. Fred Maerkle; and
WHEREAS, Resolution No. 3871 has been adopted by the
City Council in conformance with Section 26.16.020 of the
Carlsbad Municipal Code setting a Public Hearing on the matter;
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 6th day
of April 1976 at the hour of 7:00 P.M. at a a regular meeting
of the City Council at which all interested persons were heard;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That a public nuisance is found to exist on a portion
of the above described property.
2. The conditions which constitute the public nuisance
are: a partially burned building and an accumulation of trash
and pieces and parts of machinery in the vicinity thereof which
is unsightly, dangerous, constitutes a fire hazard, and is in a
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