HomeMy WebLinkAbout1983-11-01; City Council; 7534-1; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT ZONING VIOLATION 1600 BUENA VISTA WAYa
r( cn m I5
i
i! .
$ c, c 4
rl *d z 8
cr)
I ri I rl ri
M)
.. z 0 5 4 4 0 z 3 0 0
CIT~F CARLSBAD - AGEND~ILL
AB#- - TITLE: DECLARATION OF PUBLIC NUISANCE AND DEPT. k
MTG.11/1/83 ORDER FOR ABATEMENT - ZONING CITY A1
DEPT.cA VIOLATION - 1600 BUENA VISTA WAY CITY Mc
RECOMMENDED ACTION:
If Council finds a public nuisance to exist it is recommended t
Council adopt Resolution No. 737/ , declaring that a public
nuisance exists at 1600 Buena Vista Way and ordering that the
nuisance be abated by the property owner by December 1, 1983 or the City will abate the use and charge the expense to the prope
owner, and authorizing the City Attorney to take any legal acti necessary to enjoin the nuisance or enforce the abatement order
ITEM EXPLANATION
The purpose of this item is for the City Council to determine
whether the zoning violation at 1600 Buena Vista Way (Dix Prope is a public nuisance because of numerous unused or inoperable
vehicles sitting in the front, side, and rear yards, clearly
visible from public streets.
This is a continued public hearing. On October 18, 1983 the Council took testimony from staff on the existence of the nuisa The property owner appeared late and said she had not received
notice of the hearing. At her request the Council reopened the hearing and continued it to November 1, 1983. Notice of the continued hearing has been posted three places on the subject
property. Notice was also mailed to the property owners and tl: attorney. Proof of service is attached.
Section 21.62.010 of the Carlsbad Municipal Code states that ai violation of the Zoning Ordinance constitutes a public nuisanct is staff's opinion that the condition of the Dix property is a nuisance in several respects. Staff believes the condition mo:
clearly violates the newly adopted section of the Zoning Ordin, (21 -44.165) regulating parking in front and street-side yard ai
This section prohibits the unscreened storage of vehicles in fl
and street-side yards. In addition, the use of the property f storage of vehicles is incompatible with uses permitted in the
zone (Section 21.10.010). The manner in which the property ow
has accumulated vehicles, some of which have sat stationary fo years at a time, closely resembles an auto storage compound, a
which is not allowed in any residential zone. Reasonable use
residential property for parking and storage of a reasonable n
of vehicles for the immediate use of the property owner is per under the R-1 zone. Staff believes that the manner of storage
the number of vehicles stored by the property owner at 1600 Bu Vista Way is unreasonable. Because many of the stored vehicle disabled staff believes there is a violation of Section 10.52.
the Municipal Code as well.
0 e
Agenda Bill # 7534-1 Page 2 - 11/1/83
Over the past few years, the City has received several complain from neighbors regarding the unsightliness of the property. It not only an eyesore to immediate neighbors, but also to any
motorists who pass by on the public streets.
The City has contacted Mr. Dix numerous times to urge him to re
the vehicles that violate the ordinance. The Land Use Planninc
Manager further offered him a way to comply with the intent of
ordinance and still allow him to keep the vehicles on his lot.
This plan involved constructing a screening wall or fence arour
portion of his backyard and storing the vehicles in this area. Dix has had over six months to accomplish this plan and has faj to show any intention to do so. While staff is very concerned about the condition of the Dix property, it is also extremely concerned that the overt disregard for City laws on a highly visible site could well set a precident for non-compliance by others .
FISCAL IMPACTS
The property owner is financially responsible for abating the violation as a public nuisance. The cost of any litigation to enjoin the nuisance or enforce the abatement order may be recovered from the property owner. This decision will be made
the Court.
EXHIBITS
1. Location Map
2. Ordinance No. 9668 (Section 21.44.165 CMC)
3. Section 21.10.010 of the Carlsbad Municipal Code
4. Section 10.52.130 of the Carlsbad Municipal Code
5. Photographs (available at City Council meeting)
6. Proof of Service by Mail
7. Declaration of Posting
8. Resolution No. 739/
LAS FLORES DR
BUENA VISTA WAY
I. .."
>
1
2
3 <
4
-5
6
7
8
9
lo
11
l2
l3
14
l5
l6
17
l8
19
@ @! *
ORDINANCE NO. 9668
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER
21.44, OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.44.165 TO REGULATE THE
PARKIMG OF VEHICLES ON RESIDENTIAL LOTS.
The City Council of the City of Carlsbad, Californ
ordain as follows: .
SECTION 1: Title 21, Chapter 21.44, of the Carlsb
Municipal Code is amended by the addition of Section 21.44.
read as follows:
21.44.165 Off Street Parking - Residential Zones.
(a) Standard lots: residential zones the following parking regulations shall a
No vehicles shall be parked in the requi
front yard except on a paved driveway or parking area which not exceed thirty percent of the required front yard area o area that is comprised of twenty-four feet of width extendec
the property line to the front of the building, whichever it greater.
(2) No trailer, travel trailer, camper, boat
recreational vehicle shall be parked in the front yard park for more tiIan twenty-four hours.
(3) Vehicles may be parked in any area of thc other than the required front yard subject to the following restrictions:
(A). Passenger vehicles including liqht-c commercial vehicles used as a principle means of transportai
the occupant of the residence may be parked in any other art the lot provided that they are screened from view from the I
right-of-way. Such vehicles may be parked without screeninc
\paved driveway or parking area which is an extension of the
(1)
2o
z1
22
23
24
25
26
27
28
area permitted in Subsection (a) (1) provided that the paved
driveway or parking area does not exceed the width of the ai permitted in Subsection (a)(l).
(B) Trailers, travel trailers, campers, recreational vehicles or one passenger vehicle may be parkec without screening only in side yard areas adjacent to the m;
structure on the lot or rear yards. Such vehicles may only parked in front of the main structure if they are located ot
the required front yard and screened from the public right-c
(1) No vehicles shall be parked in the requii front yard or required street side yard except on a paved dl or parking area which does not exceed thirty percent of the required yard area or an area that is comprised of twenty-fc
of width extended from the property to the front of the buil
whichever is greater.
(b) Corner and reverse corner lots:
c 1 1
t
1
2
3
'4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0- \$ @ 2'
(2) No trailer, travel trailer, camper, boat
recreational vehicle shall be parked in the front or side J
parking area for more than twenty-four hours. (3) Vehicles may be parked in any area of ti
other than the required front or side yard subject to the f
restrictions:
4- (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 ai the lot provided that they are screened from view from the
right-of-way. Such the vehicles may be parked without scrc
a paved driveway or parking area which is an extension of 1
parking area permitted in Subsection (b)(l) provided that t driveway or parking area does not exceed the width of the i
permitted in Subsection (b)(l). (B) Trailers, travel trailers, campers
or recreational vehicles may be parked without screening 01
the interior side yard areas adjacent to the main structurt lot or rear yards. Such vehicles may only be parked in frc
the main structure or on the street side yard area if they
located outside the required front yard or side yard and sc from the public right-of-way.
(1) Storage or parking of inoperable, wreck(
dismantled or abandoned vehicles shall be regulated by Chal
10.52 of this Code; provided, however, that not more than I
vehicles in any inoperable wrecked or dismantled condition parked in the areas specified in this section for trailers
trailers, campers, boats, or recreational vehicles while s,
vehicles are being repaired or restored by the owner of thc property. (2) No heavy-duty commercial vehicles as de
Section 10.40.075 of this code shall be parked on any resic
lot except wnile loading or unloading property; or when SUI
vehicles parked in connection with or in aid of the perfori
service to the property or adjacent property on which the 1
is parked and in no event for more than six hours or such additional time as necessary to complete the loading, unlo
service. (a) For residential projects developed under Cha
21.45 parking shall be regulated by the planned developmcn permit .
'EFFECTIVE DATE: This ordinance shall be effectiv
(c) All lots:
days after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after its
adoption.
///I
2.
.- I. + : ,-4 . h
1
2
3
* ,4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
*w m) -z/ *
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council held on the .5th day of April
1983, and thereafter
%ASSED AND ADOPTED at a regular meeting of said Ci
Council held on the 19th day of April
by the following vote, to wit:
AYES:
NOES: Council Member Casler
ABSENT None
Council Members Lewis, Kulchin, Chick and
7L.#&-
MARY H. ICASLER, Mayor
ATTEST:
g ,P&\ 3.2 Am &p&-. ALETHA L. RAUTENKRANZ, City Cle
..
-
3.
e e. 10.020--21.10.040
(8) Packing or sorting sheds of a total floor area of
six hundred square'feet or less. Packing and sorting sheds
greater than six hundred square feet are permitted by appro conditional use permit only;
(9) Mobile homes certified under the National Mobile- home Construction and Safety Standards Act of 1974 (42 U.S.
Section 18551 of the State Health and Safety Code;
(Ord. 9686 Sl, 1983; Ord. 9624 S2(part), 1983; Ord. 9559
Sl(pakt), 1980; Ord. 9502 S7, 1978; Ord. 9455 53 (part) , 1976; Ord. 9427 S6, 1975; Ord. 9239 S1, 1969; Ord. 9224
S2(part) , 1969; Ord. 9170 S1; Ord. 9060 S500).
'Section 5401 et seq.) on a foundation system pursuant to
(10) Signs subject to the provisions of Chapter 21.41.
21.10.020 Building height. In the R-1 zone no buildi shall exceed a height of thirty-five feet. (Ord. 9060 S501
21.10.030 Front yard. Every lot in the R-1 zone shal have a front yard which has a depth not less than twenty
feet, except that on key lots and lots which side upon com- mercially or industrially zoned property, the required fror yard need not exceed fifteen feet. (Ord. 9060 5502).
21.10.040 Side yards. In the R-1 zone every lot shal have side yards as follows: (a) Interior lots shall have the following side yards
(1) A side yard shall be provided on each side of
I the lot, which side yard has a width equal to ten percent o
the lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet.
reduction in width of one side yard provided that the oppos side'yard is increased in width by an amount equal to the L
duction. The reduced side yard shall not be less than five
feet in width nor shall it abut a lot or parcel of land wit
an adjacent reduced side yard, nor shall the increased side
yard have a width of less than ten feet.
(3) In the event special circumstances exist, suck
as extreme topographical features and/or irregularly shaped
lots (such as those which front on cul-de-sacs) , the land use planning manager may approve the application of a reduc side yard adjacent to a reduced side yard, subject to the following condition: A minimum of ten feet between buildir shall be maintained.
the following side yards:
the side yard shall be equal to ten percent of the lot width; provided that such side yard shall not be less than
five feet in width and need not exceed ten feet.
(2) The land use planning manager may approve a
(b) Corner lots and reversed corner lots shall have
(1) On the side lot line which adjoins another lot
366-1 (Carlsbad 8/83)
e e 21.10.010
%
(4) Agricultural crops;
(5) On each lot or combination of adjacent lots under one ownership, there may be kept one horse for each ten thousand square feet in the lot or lots; provided, however, that' any such horse may be kept only if it is fenced and stabled so that at no time is it able to graze, stray or .roam closer than fifty feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than forty feet;
(6) A two-family dwelling when the lot upon which it is located has a sideline abutting a lot or lots zoned R-3,
R-T, R-P, C-1, C-2, C-M or M, but in no case shall the property used for such two-family dwelling consist of more
than one lot nor be more than ninety feet in width, which- ever is the least;
(7) Home occupations which are not disruptive to the residential character of the neighborhood and which are SUI
ject to the following conditions:
secondary use by a resident or residents of the premises.
(A) Home occupations shall be conducted as a
(B) No employees shall be employed on the premiE
(C) All home occupation activities shall be con- ducted entirely within the residential structure, except fc permitted agricultural or horticultural uses.
appearance of the residential structure which would reflect the existence of the home occupation.
or stock in trade shall be permitted where visible from the exterior of the property. No deliveries or pickups by heab duty commercial vehicles shall be permitted.
(F) . Sale of goods or services shall not be con- ducted on the property, except for agricultural goods growr on the premises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property.
external effect which is inconsistent with the residential zone or disrupts the neighborhood, including but not limit€ to, noise from equipment, traffic, lighting, offensive odor or electrical interference
(H) No advertising, signs, or displays of any ki indicating the existence of the home occupation shall be permitted on the premises.
elimination of required off-street parking.
greater than twenty percent of the combined total- floor arc
of all on-site structures.
(D) There shall be no external alteration of
i (E) No storage of materials, goods, equipment,
(G) The home occupation shall not cause any
(I) The home occupation shall not cause the
(J) The home occupation may not utilize an area
(X) A city business license is required for the 'conduct of a home occupation;
.3 6 6 (Carlsbad 8/8:
0 21.10.01
. (1) Each dwelling unit shall have a two-car garage,
which is architecturally integrated with and has an exteri similar to the dwelling unit. Such garage shall have a
minimum dimension of twenty feet square.
(2) All dwelling units shall have a permanent founda
For mobile homes a foundation system installed pursuant to
satisfy the requirements of this section.
(3) Exterior siding material shall be stucco, masonr
wood or brick unless an alternative exterior material is
approved by the land use planning manager. The land use
planning manager may approve a siding material other than
those listed in this section only if he finds that use of
such material is in harmony with other dwelling units in t;
neighborhood.
(4) All roofs shall have a pitch of at least three
inches in twenty inches unless another pitch is approved b
the land use planning manager. No roof shall be made of
corrugated, extruded or stamped metal.
(5) All dwelling units shall have a minimum width of
twenty feet. (Ord. 1261 S39, 1983; Ord. 9599 §2(part),198
. Section 18551 of the State Health and Safety Code shall
Chapter 21.10
R-1 ONE-FAMILY RESIDENTIAL ZONE
Sections:
21.10.010 Permitted uses.
21.10.020 Building height.
21.10.030 Front yards.
21.10.040 Side yards.
21.10.050 Placement of buildings.
21.10.060 Minimum lot area.
21.10.070 Lot area per dwelling.
21.10.080 Lot width.
21.10.090 Lot coverage.
21.10.100 Development standards.
21.10.010 Permitted uses. In an R-1 zone, the folloi
uses only are permitted and as hereinafter sGecifically
provided and allowed by this chapter subject to the provis
of Chapter 21.44 governing off-street parking requirements
(1) One-family dwellings ;
(2) Accessory buildings and structures, including pr vate garages to accommodate not more than three cars;
(3) Greenhouses less than two thousand square feet i area. Greenhouses greater than two thousand square feet a
permitted by aDproved conditional use permit only. In
either instance, all reffuirements for yard setback and heil
shall be met;
365 (Carlsbad 3/83)
e a. 52.110--10.52.14(
,
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 §l(part), 1977: Ord 5042 S10, 1968).
10.52.110 Notification to be given Department of
Motor Vehicles. Within five days after the date of re-
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-
tration certificates, certificates of title and license plates. (Ord. 5042 S11, 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 days of the date of the order, such costs shall
be assessed against 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. (Ord. 5042 $12
1968).
10.52.130 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 o permit 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 no plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a 1 ful manner on a private property in connection with the bus of a licensed dismantler, licensed vehicle dealer or a junk (Ord. 5062 $1 (part), 1981).
10.52.140 Unlawful and an infraction not to remove ve 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 SUC nuisance when ordered to do so in accordance with the abate ment provisions of this chapter, or state law where such st law is applicable.
(b) Violations shall be punished' according to the pro visions of Section 1.08.010 of this code. (Ord. 5062 $l(pa
1981).
178-1 (Carlsbad 5/82)
e. w-
.. ATTORNEY: CASE NUMBER:
VINCENT F, BIONDO JR
1200 El2 Avenue
Carl.sbad., California 92008
A ________________________.__-_.-__---.---- ...1----_--__ r _-_______-_____-I__-_________
T ____. _______________________________._______--_------_._______________-----------------.-
T ________.____ ~ -^____-_._-_-_---_--_-___-_-- * -___--._____________~---------------------
DECLARATION OF SERVICE BY MAIL (C.C.P. 10130 and 2015.5)
E, &e undersigned, say: I am a citizen' of the United- States, over .18 years of age
______________________________._________----------~----------- in the County of -...-.-.--..-..-...---------------------- :---------------, Calif
in which- cmnty the within-mentioned mailing occurred, and not a party to the subject (
My ________________.___.____________________________________________ address is _______-________________________________----------------------------------~
___.________________________________________________________________________________.__) I served the _.._.-..-_-----_.__.-------------------------*-------~-
resident San Diego
~R~SIUENT/EMPLOYEO)
b~s i ne s s . 1200 Elm Avenue
Carlsbad, CaliforrLa NOTICE OF
CONTINUED PUBLIC. HEARING
[BUSlNESS/REslClENCE) [NO.. STREW)
(CITY, STATE) . 1'
1
A
L
________________________________________~-.-.---~-~------------~~-~------..----------~---~-------------------------.------------------------------------------------------
________________________________________----.---------_____________.___-________________________________________------------------~-----~----------------______________________
of which a tme and correct copy of the document filed in the cause is affixed, by pIacing
thereof in a sepaiate envelope for each addressee naned hereafter, addressed b each s~ch add
.-y
% P* respectively as follows:
Charles and Martha Dix
1600 Buena Vista Way
Carlsbad, California 92008
OR Joe N. Turner
Higgs, Fletcher 6r Mack
1800 Home Tower
707 Broadway
San Diego, California 92101 ."if" R
'E Each envetope was then sealed and with the postage thereon fully prepaid deposited
Carlsbad Califor United States mi1 by me at _________ _____ __________ ~ _______ ~ ___._._ ~ _______._.___ ~ _______________ ~ ...................... ~ _____ ~ __________
--.---- .O-c.tnheL.l9.. _______ ~ _______________ ____________ ~ ---., 19 .. 8x.
(CITY)
s
I declare under penalty of perjury that the foregoing is true and correct.
October 19 Executed on ____ _______ _______ ____ ________ __________ _____ ____ __ ____ + ---_-_____--______________ B
y California.
--_--
Form 9A Co.Clk. (Rev. 3-72) PROOF OF SERVICE B? MAIL
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e e
DECLARATION OF POSTING
I, Paul J. Rlukas, declare that on ()tfoBg@ 17
1983 I posted three copies of the attached Notice of Continl
Public Hearing at fifty foot intervals along the frontage oj
the property at 1600 Buena Vista Way, Carlsbad, California.
That this declaration is made under penalty of perjury unde~
the laws of the State of California and was executed on
o&Tr@ea [q , 1983 at Carlsbad, California.
I
1
2
3
4
si
m m
NOTICE OF CONTINUED PUBLIC HEARING
TO: Charles Dix, Martha Dix, owners of the property
located at 3500 Buena Vista Way, Carlsbad, California.
61
7
8
9
lo
’1
12
om 2s
PLZA§3 TAKE NOTICE that on November 1, 1983 at 6:Ol
p.m. in the Council Chambers at 1200 Elm Avenue, Carlsbad,
Califcrnia the City Council of the City of Carlsbad, Califo
will hold a continued public hearing to determine whether a
public nuisance exists at 1600 Buena Vista Way, Carlsbad,
California.
The hearing will be held pursuant to City Council
Y 2 I3l
02% 14 gLz< zouz g$Zg 15 u$rk +-y< UZSx It6 20-2 =-5 Y 17 t9 50
en 0
7-2 0
2-J
l8
I’ ’*
21
22
23
24
25
26
27
28
Resolution Eo. 7356, a copy of which is attached hereto and
incorporated by this reference, and the oral request for
continuance made by Martha Dix at the City Council meeting
8n October 18, 1983.
1
A public nuisance is alleged to exist because of
alleged violations of Sections 7 0.52 .) 130, 2 1 . 5 0 . 01 0 and
21.44.165 of the Carlsbad Municipal Code. If the City Coun
finds that a public nuisance does exist, the City Council h
order that it be abated at the expense of the person creati
and will determine how the cost of abatement will be collec
according to applicable laws. The City Council may order t
City Attorney to take any legal action necessary to enjoin
otherwise assure the abatement
W
I
1
2
3
4
5
I) m
7356 RESOLUTION NO,
&, P33SOLUTIOEJ OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF CaRLSBAD, CALIFORNIA, DECLARING INTENTION
'?O BOLD A PUBLIC HEARING ON THE ABATEMENT OF NUISANCE
FBD STORING VEHICLES IN VIOLATION OF THE
The City Council of the City of Carlsbad, Californ
6
7
8
9
lo
KL
. 92
2 z 13 D
YZ
$22 1.1 rO,f O>>K IS zcio OrlL u: '21 *hub szgt OOCUD l6
go'$ >5 y a x'
gx
o o 1-8
19
$2 8
docs hereby resolve as fol1,ows:
1. That, the City has the power at both common laa
by statute 50 abate nuisances,
2. That the City Council has established its
prccedur
limfts,
for the abatement of certain nuisances with the
3, Thzt every violation of Title 21 of the Carlsk
Municipal Code is declared by law to be a public nuisance,
4. That a potential nuisance exists Z.ue ko ,,!he
existence of illegally parked and stored vehicles on propel
located at 1600 Buena Vista Way (assessor's parcel no, 156-
32), contrary to the provisions of Title 21 of the Carlsbac
Municipal Code.
5. That the City Council will hold a public hear
2o
'I
22
23 ''
25
26
27
28
October 18, 1983 at 6:OO p.m. in the City Council Chambers
1200 Elm Avenue, Carlsbad, California, to consider whether
the conditior! 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 owmrs 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. 'C
n ' YZ ' 13
dO 111 8 14
15 me40
$2 8
C&ZS $-2g
Ly2!k -1-I .
by the foliowing vote, to wit:
AYES:
NOES: Isom
Comcil N- ~asler, ~eds, K~C~-II a2 PZSSXL: .-
26
27
28 -2-
-8
1
I
1
2
3
4
5
6
7
8
9
10
11
12
3 { 13
14 $2 o-O w 8
oc>a I-'O 15 icrq5
o 16 zo--s >z 3 17
18 I=z
19
20
21
22
23
24
25
26
27
28
P
$822
g& +>uu
>=
0
e 0
RESOLUTION NO. 7391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC
NUISANCE EXISTS ON PROPERTY AT 1600 BUENA VISTA
WAY IN THE CITY OF CARLSBAD, DIRECTING THAT THE
OWNER OF SAID PROPERTY ABATE THE NUISANCE, THAT THE NUISANCE BE ABATED AT THE OWNERS' EXPENSE,
AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE
ACTION TO ENFORCE THE ABATEMENT ORDER OR ENJOIN THE NUISANCE.
WHEREAS, the Land Use Planning Office has alleged I
a public nuisance exists on property located at 1600 Buena 1
Way in the City of Carlsbad owned by Charles and Martha Dix
WHEREAS, on September 27, 1983 the City Council of
City of Carlsbad adopted Resolution No. 7356 setting a pub1
hearing regarding nuisance abatement for October 18, 1983; t
WHEREAS, notice of said public hearing was given a
provided by law; and
WHEREAS, on October 18, 1983 the City Council held
public hearing at which it received evidence of a public
nuisance at 1600 Buena Vista Way. After the close of said
hearing Martha Dix, one of the owners of the property, appf
at the City Council meeting and indicated that she had not
received notice of the hearing and requested that the heari
continued; and
WHEREAS, the City Council, at her request, reopenc
public hearing and continued it to the City Council meetinc
November 1, 1983; and
WHEREAS, notice of the continued public hearing wc
given as required by law; and
WHEREAS, on November 1, 1983 the City Council he1
continued public hearing at which all interested persons w
-1
1
2
3
4
5
6
7
a
9
10
11
12
S 1 13
14
P
4ZuN 9$ 8..1$ ZOUZ PC’= mGag 15
u e32 +>wa 16 $%So QUNd zo-a
i=a
3 o 18
19
20
21
22
23
24
25
26
27
28
55 !? 17 c
0 t
heard and received evidence regarding the existence of a pub.
nuisance at 1600 Buena Vista Way
NOW, THEREFORE BE IT RESOLVED by the City Council 0:
Carlsbad- as follows:
1. That the foregoing recitations are true and
correct.
2. That a public nuisance is found to exist on the
property located at 1600 Buena Vista Way in the City of
Carlsbad, California.
3. That the conditions which constitute a public
nuisance are parking or storage of an unreasonable number of
vehicles, some of which are disabled, inoperable or disrepai
in the front, side and rear yards or in the front or side yz
setback and are clearly visible from adjoining public streel
other property in the vicinity. Storage of an unreasonable
of motor vehicles in a manner in which such vehicles are vi:
from public streets or neighboring properties is an unreasoi
use of residentially zoned property and is a violation of t
provisions of Section 21.10.010 of the Carlsbad Municipal C
Parking of motor vehicles in the front or side yard setback
the front or side yard except as specifically provided by
ordinance is a violation of Section 21.44.165 of the Carlsb
Municipal Code. Parking, storing or leaving of any vehicle
is in an abandoned, wrecked, dismantled or inoperative cond
on private property in excess of three days, unless such ve
is completely enclosed within a building in a lawful manner
///
2.
1
2
3
4
5
6
7
8
9
10
11
12
s f 13 I?
14 $5 8 00 w a
p& zowz npg 15
U: ‘31
16 $280 VY22 $E ! 17
18 ts
19
20
21
22
23
24
25
26
27
28
0
LL
+>wa
>a
0
0 c
violation of Section 10.52.130 of the Carlsbad Municipal Cod(
The City Council specifically finds that the manner in which
motor vehicles are parked or stored on the property located
1600 Buena Vista Way is a violation of Sections 10,52.130,
21.10.010 and 21.44.165 of the Carlsbad Municipal Code. The
City Council determines that in order to abate the public
nuisance, all motor vehicles or parts thereof shall be remov
from the property except for a reasonable number of vehicles
which may be parked or stored in a manner which is consister
with the provisions of the Carlsbad Municipal Code.
4. The owners of the property located at 1600 Buer
Vista Way are responsible for creating, causing, committing,
maintaining said nuisance. The persons responsible for
creating, causing, committing, and maintaining said nuisanci
ordered to abate such nuisance on or before December 1, 198
If said public nuisance is not abated on or before such datc
City Manager is authorized to cause the abatement thereof ai
the expense of abatement shall constitute a lien against th
subject property and a personal obligation against the owne
the subject property,
5. The City Attorney is authorized and directed t
take any legal action appropriate and necessary to enforce
resolution or to abate and enjoin said public nuisance.
///
///
///
///
///
3.
4
1
2
3
4
5
6
7
a
9
LO
I'
12
PC0 $ : 13
doWN Q& 14
ZOWI gE2g 15 .or5 2-I
16 +;w*
z0-s
E*
G o 18
19
20
21
22
23
24
25
26
27
28
<5 i2
32s;
>5 I1 17 U
e m
PASSED, APPROVED AND ADOPTED at a regular meeting o
the City Council of the City of Carlsbad, California, held 01
the 1st day of Novembes , 1983, by the
following vote, to wit:
AYES:
NOES: None
ABSENT: Council bkmber ikrescott
Council -s Casler, LRkris, Kulchin and Chick
LdL i-
MARY A. ,FSLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City CJerk
(SEAL)
4.
6- 0 +AKM- "23
S&%%/j/L LAW OFFICES
HIGGS, FLETCHER & MACK
DEWITT A. HlGGS DENNIS P. HICKMAN POST OFFICE BOX 568 HENRY PITTS I FERDINAND T. FLETCHER DAVID W. FERGUSON
DAVID D. RANDOLPH JUDITH L. HALLER 1800 HOME TOWER . 707 BROADWAY ESCONDI DAN E. HEDIN-A.P. C. MARGARET ANNE PAYNE
VINCENT E. WHELAN MICHAEL F. BOYLE HARVEY H. HIBER, JR. PATRICK D. WEBB SAN DIEGO, CALIFORNIA 92112 442 SO. ESC
LINDA M. WOOLCOTT ESCONDIDO, Ct JOHN W. NETTERBLAD
(619) 7 GERALD J. O'NEILL-A. P. C. BRUCE D. JAOUES, JR. JOE N.TURNER BRADLEY A. BARTLETT (619) 236-1551 F. ALAN WEISMANTEL RITA L.HANSCOM DONALD H. GLASER KENNETH D.HUSTON CRAIG D. HlGGS MICHAEL L.WARD
J.TIM KONOLD JOHN M. MORRIS MERVILLE R. THOMPSON SHEILA M. MULDOON
STEVEN R. JONES GREGG F. RELYEA HARRY L. CARTER LAMAR B. BROWN GREGG C. SlNDlCI
-
STEPHEN K. BRUNK DENNIS J. STEWART October 31, 1983
Members of the City Counci:~
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008-1989
Re: Charles and Martha Dix, 1600 Buena Vista Way,
Carlsbad, California
Gentlemen:
This letter is written on behalf of our clients, Charle
and Martha Dix, concerning your notice of continued public
hearing to determine whether a public nuisance exists at
their residence at 1600 Buena Vista Way, Carlsbad, Californi
on November 1, 1983.
According to your resolution number 7356, "A potential
nuisance exists due to the existence of illegaly parked and
stored vehicles at the Dix' residence." The sections of the
Carlsbad Municipal Code relied upon by the City Staff are
sections 10.52.130, 21.10.010 and 21.44.165. I will refer
to these sections as the "abandoned vehicle" (10.52.130),
"R-1 zone" (21.10.010) and "residential off-street parking"
(21.44.165) ordinances.
As you probably are aware, Mr. Dix was prosecuted for
alleged violations of the abandoned vehicle and I?-1 zone
ordinances in 1982. After a full-blown trial, Nr. Dix was
found guilty of having committed an infraction by violating
the abandoned vehicle ordinance in certain respects and not
guilty of having violated the R-1 zone ordinance. The court
found one of the vehicles at the Dix' residence to be clear1
inoperative and stated that there were several inoperative,
dismantled, wrecked vehicles on the property. "[By the
Court:] I determined the vehicles with the flat tires,
vehicles without parts, like missing doors or missing windoh;
the vehicles without engines, all to be either dismantled or
wrecked or inoperative. . . . Mr. Dix will be in compliance
if the only vehicles he has on his property are operative in
nature; in other words, they can run by putting a key in them, gasoline, and started."
6- 0
Members of the City Council
City of Carlsbad
October 31, 1983
Page Two
With respect to Count 11, the Court stated, 'I . . . If I were to judge the case solely on Mr. Hagaman's testimony, I would have no idea whatsoever whether or not Mr. Dix was
in violation of this section, because Mr. Hagaman testified on one occasion four different ways. He testified that it
was legal to park vehicles within the buildable space: then
he said no you can't park vehicles there; then he said you could park vehicles there with a proper platform; and then
he said even with that platform, you couldn't park vehicles
there; so, frankly, from nis testimony, I have no idea what-
soever what the administrative criteria is.
reading the Code section, and I read it very carefully,
21.10.010 says that in an R-1 zone, the following uses only
are permitted, and then it specifies in no. 2:
buildings and structures, including private garages to
accommodate not more than three cars.' In reading that,
it's my belief that you can build as many garages as possibll
on your property as long as those garages are three-car
garages and as long as there's the necessary twenty-foot
front, back, and ten-foot on the sides, clearances. That's why I was listening specifically to see how many vehicles
Mr. Dix had parked in his outbuilding or I think he called
it a barn. I never knew. I never found out. Mr. Dix
didn't testify to that.
examination. three cars in that garage. However, I believe beyond a
reasonable doubt, since this section applies to specifi-
cally - specifically to off-street parking and it calls itself the 'off-street parking requirements,'"
see this section applies to this situation,
says is: 'Accessory buildings and structures, including
private garages to accommodate no more than three cars.'
has no reference to the parking of more than one, two, or
three or more vehicles in that.
not guilty of Count I1 in view of the fact that I believe
that the acts and facts of the case are not applicable to
that particular zoning section, and that section applies to the buildings in which cars are housed. Therefore, I find
Mr. Dix not guilty of Count 11."
However, in
'Accessory
It wasn't brought out in cross-
I don't know whether or not he has more than
I still don't
because all it
It
Therefore, I find Mr. Dix
After the last hearir,g on May 11, 1982, Mr. Dix removed
the bulk of the vehicles from his property, including those
vehicles found by the court to cause the violation of the abandoned vehicle ordinance. Those vehicles which remain at
the Dix' residence comply with the Court's pronouncements in
all respects. program not related to your determination to consider the
As a matter of fact, as a part of an ongoing
5 0
Members of the City Council
City of Carlsbad
October 31, 1983
Page Three
alleged nuisance, Mr. Dix is removing all of the vehicles
except six vehicles which the family uses on a continuous
basis.
The final ordinance to be considered by the City Counci:
is the residential off-street parking ordinance which
apparently was adopted earlier this year.
this ordinance, I feel it necessary to point out that the
Dix' use of their property, as with virtually every other
residential property in the City of Carlsbad, preexists the
adoption of the ordinance, bringing into question the
constitutional right of the City to immediately terminate
the nonconforming uses created by the change in the zoning
ordinance. I find this subject a murky Miltonian bog,
litigation over which will not benefit either the City, or
the one of its citizens which has become the object of its attention, in the long run.
Council will agree.
With respect to
I hope that this honorable City
Very truly yours,
fill
JOE N. TURNER
HIGGS, FLETCHER & MACK
of
JNT/lg
P a 0 0
m
3 PJ
$
? m fi PJ
z P, ‘.c
b-w -2- 0 zfi YO Lnm
w UY P (D XLn
em =! ri- (D a
fi 0
tl 0 $=
P- P
kJ kJ I P I 02 w
31’h
*&LC
z
,-
_______5
,-.
?
q600 CUENA V1S-A WAY
STAFF EXHIBIT FROM 11/1/83
COUNCIL MEET1 4G.
1 /28/'83
-
I, Council Met g.
8/24/82
F
k. .i
/- - 11/1/83 COUNCIL MEETING.
18/17/83