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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. 4 d 0 z 3 0 0 .I f 1 2 3 4 5 6 7 8 9 lo 1.1 12 om S 8 13 Yz, <!$ g "Urn 14 81.25 ouz 8+>, l5 ~cao .$5e -1-I +swa of=za zz8"- l6 zo 2 >5 ' l7 l8 19 2o 21 22 23 24 25 26 27 28 +% 50 e e 7356 RESOLUTION NO. p9, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, DECLARING INTENTION TQ HOLD A PUBLIC HEARING ON THE ABATEMENT OF NUISANCE: ZONE CODE. Sz4XING AXD STORING VEHICLES IN VIOLATION OF THE The City Council of the City of Carlsbad, Californi does hereby resolve as follows: 1. That the City has the power at both common law by statute to &ate nuisances. 2. That the City Council has established its procedures for the abatement of certain nuisances with the 4 limits. 3. That every violation of Title 21 of the Carlsb Municipal Code is declared by law to be a public nuisance. 4. That a potential nuisance exists due to Jhe existence of illegally parked and stored vehicles on proper located at 1600 Buena Vista Way (assessor's parcel no. 156- 32), contrary to the provisions of Title 21 of the Carlsbad Municipal Code. 5, That the City Council will hold a public heari October 18, 1983 at 6:OO p.m. in the City Council Chambers 1200 Elm Avenue, Carlsbad, California, to consider whether the condition constitues a public nuisance. 6. That the Director of Building and Planning of City of Carlsbad will cause this resolution to be posted according to law, and also cause notice to be sent to the property owners that the City Council will hold a public h on October 18, 1983 to determine whether or not the condit constitutes a public nuisance. Said notice shall be maile least five days prior to the hearing, *- -SA 1 2 3 4 5 6 7 8 9 10 11 12 0, ' Ya g 13 <% g gI.zs OW% 14 g:%$ zsdg 15 ti *fi $U< 00 16 gz%i ZO'$ >k I? 17 .-% 60 18 19 20 2J' \ ; :22:, .i j i' 223, e e 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 % J'@AU MARY H, gASLER, Mayor " 'ATTEST: ,! * , .* ., ,. : ' i ( O?ZL A! &&-A : ALETHA I,. RAUTENKRANZ, City Clerk 25 26 27 28 -2- - 2r 4 ,,. e 0 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 _- P318850 199 RECEIPT FOR CERTIFED MAIL -1 b - '5b 3 .August 22, 1983 Yes Date of Request 0 2 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 % !3 Z ffi 0 B Complaint Filed Date Def erdant c Violations Charged 2 H V Trial Date of Trial Name of Defense Atty. Address PI- Disposition .& .i-; ( 1 2 3 0 0 - 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. 7 8 9 '* 11 l2 7 1 e" 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 : 1 L- ' 14 I-s Js 17 19 IS 2o 21 22 24 23 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. I ! 1 I i i (h) Corner arid reverse corner 1.otss: 1 % . 27 (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, -" 4 **: 1 c 2 3 -4 5 6 7 9 10 11 12 J3 1.4 * 0 (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 25 3.6 3_7 3.8 19 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 20 21 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 22 23 24 25 26 27 28 S 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- //I/ 2. 0 '"I)". 11o--iu. SL. 14u -. :. 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)