HomeMy WebLinkAbout1983-09-27; City Council; 7508; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT DIX 1600 BUENA VISTA WAYd'- &' ..
ClT.ahF CARLSBAD - AGENDalLL d.
PUBLIC HEARING RE: NUISANCE
Adopt Resolution No. 735-6 setting a public hearing regarding nuisance abatement for the October 18, 1983 Council meeting.
ITEM EXPLANATION
Our office has been requested to take zoning enforcement action
against the owners of 1600 Buena Vista Way (Dix). After discus
the matter with the Director of Building and Planning it is our
recommendation that nuisance abatement proceedings be institute
rather than a criminal action. In our opinion nuisance abatemc
proceedings are more effective at eliminating major zoning violations in certain circumstances.
The first step in initiating these proceedings is for the Counc declare its intention to hold a public hearing. Next, a public hearing will be held and based on the evidence presented at thf
hearing the Council will decide if a nuisance exists and if so order abatement. If the property owner does not abate the nui! within the time specified by Council an action may be filed in
Superior Court or the City may abate the nuisance itself and cl
the cost to the property owner. The action in Superior Court
be for a court order to abate and to pay the costs incurred by
City in enforcing the law.
The action before the Council tonight is merely to set the pub
hearing for the second Council meeting in October. No evidenc
statement should be taken until the October 18, 1983 meeting.
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7356 RESOLUTION NO.
p9, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, DECLARING INTENTION
TQ HOLD A PUBLIC HEARING ON THE ABATEMENT OF NUISANCE:
ZONE CODE.
Sz4XING AXD STORING VEHICLES IN VIOLATION OF THE
The City Council of the City of Carlsbad, Californi
does hereby resolve as follows:
1. That the City has the power at both common law
by statute to &ate nuisances.
2. That the City Council has established its
procedures for the abatement of certain nuisances with the 4
limits.
3. That every violation of Title 21 of the Carlsb
Municipal Code is declared by law to be a public nuisance.
4. That a potential nuisance exists due to Jhe
existence of illegally parked and stored vehicles on proper
located at 1600 Buena Vista Way (assessor's parcel no. 156-
32), contrary to the provisions of Title 21 of the Carlsbad
Municipal Code.
5, That the City Council will hold a public heari
October 18, 1983 at 6:OO p.m. in the City Council Chambers
1200 Elm Avenue, Carlsbad, California, to consider whether
the condition constitues a public nuisance.
6. That the Director of Building and Planning of
City of Carlsbad will cause this resolution to be posted
according to law, and also cause notice to be sent to the
property owners that the City Council will hold a public h
on October 18, 1983 to determine whether or not the condit
constitutes a public nuisance. Said notice shall be maile
least five days prior to the hearing,
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7. That, based on the facts presented at the publi
hezring, the City Council will determine whether or not a pt
nuisance exists, and if it finds that a public nuisance doe:
exist, that the City Council will order that it be abated a1
expense of the person creating it and will determine how thc
cost of the abatement will ,be collected according to applici
laws.
8. That the Director of Building and Planning and
Land Use Planning Manager will provide appropriate testimon
the public hearing.
PASSED, APPROVED AND ADOPTED by the City Council a
ad jomd
I /regular meethg held on the 27th day of September
by the following vote, to wit:
AYES:
NOES: None
ABSENT: Council l\Z Chi&
Council Members Casler, -is, ~Ucbh- and prescott
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MARY H, gASLER, Mayor
" 'ATTEST:
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: ' i ( O?ZL A! &&-A
: ALETHA I,. RAUTENKRANZ, City Clerk
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989 VINCENT F. BlONDO, J9.
CITY ATTORNEY
DANIELS. HENTSCHKE
(619) 438-5531
ASSISTANT CITY ATTTOilNEY August 30, 1983
Mr. Charles Dix
1600 Buena Vista Way
Carlsbad, California 92008
RE: VIOLATION OF CARLSBAD MUNICIPAL CODE SECTIONS 21.44.165
AND 10.52.130 AT 1600 BUENA VISTA WAY
Our oLrfice has been informed by the Land Use Planning Manager tt are parking or storing vehicles contrary to the provisions of tk
Carlsbad Municipal Code at the address noted above. Copies of I
referenced sections are attached for your convenience. The Muni Code provides that each day a violation continues, is a szparatf criminal. violation. In addition, any use maintained contrary tc
provisions of the CEirlsbad Municipal Code constitutes a public nuisance. As a public nuisance it is subject to datement upon order by the City Council and the cost of the abateli.,ent can be (
to the owner of the property.
On August 5, 1983 after several meetings and numerous notices o! violation, the Director of Building and Planning sent you final to comply by August 79, 1983, On August 24, 1983 the Land Use Planning Manager forwarded a request for legal enforcement to 01
office because you had failed to comply with the final notice.
have been given sufficient time to discontinue the violation.
The Land Use Planning Manager has indicated that you may correc
violations by constructing a wall or fence around a portion of 1
backyard and storing the vehicles that are presently in your frc yard and street side yard behind the fence or wall. If you do cease the violations we will be left with no other recourse thal
take all necessary and appropriate steps to institute legal proceedings against you, In order to give you a chance to avoic result we have estaSlished September 13, 1983 as the deadline fi compliance with the provisions of the Municipal Code.
If you have any questions regarding this matter please do not f-! to contact me at the number listed ab
Assistant City Attorney
rme attachment
cC: Land Use Planning Departxnt without attachment
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P318850 199
RECEIPT FOR CERTIFED MAIL
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.August 22, 1983 Yes
Date of Request
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Charles Dix 1600 Buena Vista Way 729-5895
Name of Suspect Address Phone No. ( if
Same
E Name of Property Owner Address Phone No. ( if
V W Copies attached, Photos D4 tn Type and dates of contact with violator. If written, attach copies. 3 02
Ed Ruiz 1200 Elm Avenue 438-559 1
Witness Adidr es s Phone No.
tn $j witness Address Phone No.
tn w 2 Witness Address Phone No. s
E Land Use Planning Office Ed Ruiz Planning Technician z Requesting Department Requesting Ernployee Title w 3 whatever is necessary 2 &me(& Action Requested
R or Designee Signature w cl
Date Received Action Taken Date of Initial
Office Hearing-Summary
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B Complaint Filed Date Def erdant
c Violations Charged
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Trial Date of Trial Name of Defense Atty. Address PI-
Disposition
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- ORDINANCE NO. 9668
AN ORDIMANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, 2iXENI)iIJ"U TITLE 27 , CHAPTER 21 -44, OF THE CARLSEAC L'I'JNICIPAL CGDE EY THE
ADDITIQN OF SECTION 21 -44.165 TU REGULATE THE
PARKING OF VEHICLES ON RESIDENTIAL LOTS.
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1 ordain as follows:
SECTION 1: *' Title 21, Chapter 21 -44, of the Carlsl
Nunicipal Code is amended by the addition of Section 21.40
read as follows:
21.44 - 165 Off Stre?t Parking - Residential Zones.
(a] Standard lots:
residential zones the following pxking regulations shall i
(1) No vehicles shall be parked in the requ:
front yard except 02 a peved driveway or parking area trhicl not exceed thirty percent of the required front yard area ( area that is comprised of twent;.-four f2et of width extendt
the property line to the front of the bui-;ding, ~hicheve-r :
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great2r - (2) KO trailer, trzvel trailer, cazper, boai
recreational vehicle shall be parked in the front yard par! for more than twenty-four hours.
(3) Vehicles may he parked in any area of tl other than the required front yard subject to the followinc
restrictions:
(A). Passen9er vehicles including light.
\commercial vehicles used as a principle neans of transport'
the occupant of the residence nay bc parked in azy other a:
the lot provided khat they are screeneZi from viev froin the
!right-of-way. Such vehicles may be parked without screenii
paved driveway or parking area which is an extension of thc
area permitted in Subsection (&)(I), provided that the pave:
idrivew217 or parking area does nctt exceed the width oE the 1 lpermitted in Subsection (a) (1).
(B) Trailers, travel trailers, campers
jrecreational vehicles or one pzsscnger vehicle may be parkl
withoct screening only in s2.d~ yard .areas adjacent to the 1
structure OR the lot: or rear yards. Such. vehicles may onl;
iparked in front of the main structure if they are located ( the required front yard and scr<?ened froin the public right.
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(h) Corner arid reverse corner 1.otss: 1
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(1) No vehicles shall be parked in the requ
icr parking area which does not exceed t1lirt.l pex:cttnt of thl
required yard area or an area that is co~priscd of twenty- iof width extei:ded front the prop?rty to th,c+ fron'; 0: the bu
iwhichever is greater,
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(2) No trailer, travel trailer, camper, boa
recrehtional vehicle shall b? parked in the front or side
parking zrea for more than twenty-four hours.
other than the required front or side yard subject to the
restrictions:
i (A) Passenger vehicles including light
commercial vehicles used as a principle means of transport
the occupant of the residence may be parked in any other a
the lot provided that they are screened from view from the
right-of-way. Such the vehicles may be parked without scr a paved driveway or parking area which is an extension of
parking area permitted in Subsection (b)(l) provided that
driveway or parking-area does not exceed the width of the
(3) Vehicles may be parked in any area of t
8,perrnitted in Subsection (b)(1). (B) Trailers, travel trailers, campers or recreational vehicles may be parked without screening o
the interior side yard areas adjacent to the main structur lot or rear yards, Such vehicles may only be parked in fr
the nain stri;cture or on the street side yard area if they
located outside the required front yard or side yard and s
from the public right-of-way,
(c) All lots:
(19 Storage or parking of inoperable, wreck
disirtantled or abandoned vehicles shall be regulated by Cha
10.52 of this Code; provided, however, that mt fi-,i-,oL-e than vehicles in any incpe-cabie i~;r~'zxec~ or disc,-;.tleci c~nd~c~or 11 .. . c
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parked in the areas s2ecificd in this seckic:2 for trailer2
trailers r cam2ers I boats, or recreational vehicles while :
vehicles are bgiiig repairec? or restored by the ownsr of tf
property.
(2) 130 heavy-duty cornrnercial vehicles as dc
Section 10.40,075 of this code shall be parked on any res.
lot except while loading or unloading property; or when st
vehicles parked in connection with or in aid of the perfoi
service to the property or adjacent property on which the
is parked and in no event for m9re than six hours or such
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additional tine as necessary to complete the loading, unlc
service.
(d) For residential projects developed under Ch<
21.45 parking shall be regulatecl by the planned developmei
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EFFECTIVE DATZ: This ordinance shall be eflecti?
days after its adoption, and the City Clerk shall certify
aiioption of this ordinance and czuse it to be published a
or?ce in the Carlsbad Jo~rnal within fifteen days after it
adoption,
i permit-
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2.
0 '"I)". 11o--iu. SL. 14u -.
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qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004
of the Vehicle Code, in which case the vehicle may be recon-
structed or made operable. (Ord. 5052 Sl(part), 1977: Ord.
5042 510, 1968).
Motor Vehicles.
moval of the vehicle or part thereof, notice shall be
given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles
any evidence of registration available, including regis-
plates, (Ord. 5042 511, 1968).
10.52.120 Nonpayment of removal costs--Assessment
against land, If the adminstrative costs and the cost of
removal which are charged against the owner of a parcel
of land pursuant to Section 10.52,090 are not paid with-
in thirty 2ays of the date of the order, such costs shall
be assessed zgainst the parcel of land pursuant to Section
38773.5 of "the Government Code and shall be transmitted
to the tax collector for collection. The assessment shall have the same priority as other city taxes.
1968).
Unlawful and an infraction to abandon, park
store or leave vehicle in excess of three days. (a) It is unlawful for any person to abandon, park, store, or leave 0
pernit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof, which is in an abandoned, wrecked, dismantled or inoperative condition
. upon any private property or public property, not including highways, within the city for a period in excess of three days, unless such vehicle or part thereof is completely en- closed within a building in a lawful manner, where it is nc
plainly visible from the street or other public or private
property, or unless such vehicle is stored or parked in a 1
ful manner cn a private property in connection with the bus
of a licensed dismantler, licensed vehicle dealer or a juri)
(Ord. 5062 Sl(part) , 1981).
Unlawful and an infraction not to remove V< cle or abate nuisance. (a) It is unlawful for any person fail or refuse to remove an abandoned, wrecked, dismantled
inoperative vehicle or part thereof, or refuse to abate SUI
nuisance whezl ordered to do so in accordance with the abati
ment provisions of this chapter, or state law where such s law is applicable.
Violations shall be punished according to the pr
visions of Section 1.08.010 of this code. (Ord. 5052 Sl(p 1381).
10,52.110 Notification to be given Department of
Within five days after the date of re-
tration certificates, certificates of title and license --
(Ord, 5042 ~12~
10.52.130 (
10.52.140
(b) e:
178-1 (Carlsbad 5/82)