HomeMy WebLinkAbout1991-03-26; City Council; 11089; AMENDMENT TO TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE TO REGULATE PUBLIC NUISANCES. .,
e * 4 I cn a
a, c)
cd
*rl
0
al
c) 3
u “u
F:
G
a k
a
a c3
0 LA 26
-d z
;4
ri& *d a.
3 0 U
4
o\ 1 a N \
cr) .. z 0 E
8
a
i 0 z a
bl WVt GAHL3bAU - AUCNWBILL
AB#a TITLE: AMENDMENT TO TITLE 6, CHAPTER 6.16 MTG. 3/26/91 OF THE CARLSBAD MUNICIPAL CODE TO
DEPT. CA
RECOMMENDED ACTION:
DEP
CIT7
C1.n REGULATE PUBLIC NUISANCES
Introduce Ordinance No. h’!!c/99 amending Title 6 , Chapter t of the Carlsbad Municipal Code to regulate public nuisanc
ITEM EXPLANATION
Assembly Bill 3510 added Government Code Section 38773.1
amended sections 38773 and 38773.5. This changed requirements for municipal ordinances which estab:
procedures for collecting costs of abatement of a pul nuisance by placing a lien on the property.
The proposed amendments to Chapter 6.16 are required to COI with state law, with the exception of the addition subsection 6.16.060(b) which makes a failure to abate nuisance after notice from the city council a misdemeai
This provision will enhance the ability of the city to enfc
the municipal code and eliminate public nuisances bec:
defendants can be required to adhere to certain condition: probation if they are convicted of a misdemeanor.
FISCAL IMPACT
The cost of the additional notice required may be recoverec the foreclosure action to enforce the lien. Therefore, negative fiscal impact will be minimal.
EXHIBITS
1.
2. Exhibit ttAtt - Full text of amended sections T
Ordinance No. ds-/+<
additions and deletions illustrated.
1
2
3
4 5l 6
-
8
9
lo ''
l2 9.,
13 $E& Sa..:
OLam OW 14 oojs z>-l al-sg ma.., 15 u 8a-l >ma $WUJU 8:s~- 16 zO$$ >58~ 17 go19
18
m> mu!
Go
"
2o
21
22
23
24
25
26
27
28
0 0
NS-144 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE
TO REGULATE PUBLIC NUISANCES.
The City Council of the City of Carlsbad
California, does ordain as follows:
SECTION 1: That Title 6, Chapter 6.16 of tl
Carlsbad Municipal Code is amended by the amendment c
subsection 6.16.020(3) to read as follows:
"(3) State that if a public nuisance is found 4
abatement thereof at the expense of the persons creatini causing, committing or maintaining it, and will make the co
of such abatement a (A) Personal obligation of the pers creating, causing, committing or maintaining the pub1 nuisance,
(B) Personal obligation of the property own of the subject property, and a (C) Special assessment against the subje property or a lien against the subject property.t1
SECTION 2: That Title 6, Chapter 6.16 of the Carlsb
Municipal Code is amended by the amendment of subsectio
6.16.040(4) and (5) to read as follows:
property or the persons creating, causing, committing
maintaining such public nuisance will be allowed to abate i and That if such public nuisance is not abated
or before such date, that the council will cause the abatemc
thereof and will make the expense of abatement a persor
obligation of the person creating, causing, committing
maintaining the public nuisance, a personal obligation of 1
property owner of the subject property, and a spec:
assessment against the subject property or a lien against 1
subject property. I#
exist on the subject property, the council will order t:
"(4) The date before which the owner of t
(5)
SECTION 3: That Title 6, Chapter 6.16 of i
Carlsbad Municipal Code is amended by the amendment of Sect
6.16.060 to read as follows:
1
I
I 9
10
11
12
I
n am ' &E& ' ' l3 5408
ozgg
n Z>iZ 0 a a O+FK
~wmo ghz'd 16 zoss
>rq " $0
l8
19
20
21
22
23
24
25
26
27
28
l4
mUnE LL 8a-1 l5
>ma
'58:
a misdemeanor a )I
SECTION 4: That Title 6, Chapter 6.16 of
Carlsbad Municipal Code is amended by the amendment of Sect
6.16.070 to read as follows:
tt6.16.070 Account of cost of abatement to be ke The city manager shall cause to be kept an acco of the cost of such abatement and related administrat
write a report stating the cost thereof and shall ther specify the time and place at which the council will rece and consider such report, together with any objecti
costs, and upon completion thereof, the city manager sh
thereto.11
SECTION 5: That Title 6, Chapter 6.16 of
Carlsbad Municipal Code is amended by the amendment of Sect
6.16.090 to read as follows:
"6.16.090 Determination of abatement cost council.
At the time and place specified in the report,
council shall hear and consider any and all evidence objections regarding the cost of abatement. The hearing consideration may be continued from time to time and upon
conclusion thereof, the council shall, by resolution: Determine the correct abatement cost; If necessary, modify such report
conform to such correct abatement cost; Confirm the report as presented
modified;
(1)
(2)
(3)
(5)
(4) State the date of the abatement order
Determine and state the correct legal
description of the subject property, the correct cou assessor's parcel number, the street address and the name
address of the recorded owner based on the last equali assessment roll or the supplemental roll, whichever is m
2
1
2
3
4 '
6
7
8
9
10
11 '*
am
SUE a> 13 a,$Ecb -,aog
OuUm ooaa l4 z>-J2 o+sa
u~ LL ' '.ad 0 f 15
+>ma 5Z-J
-ow
urn0 rr~d 16 so32 -
>581? >:'% 17
ko 0 18
l9
2o
21
22
23
24
25
26
27
28
0 @
current. The decision of the council shall be final."
SECTION 6: That Title 6, Chapter 6.16 of th
Carlsbad Municipal Code is amended by the deletion c
subsection 6.16.100 (4) and the amendment of subsectior
6.16.100(2) and (3) to read as follows:
the subject property; and a
or a lien against the subject pr0perty.I'
"(2) Personal obligation of the property owner c
(3) Special assessment against the subject propert
SECTION 7: That Title 6, Chapter 6.16 of t]
Carlsbad Municipal Code is amended by the amendment c
subsection 6.16.110(1) to read as follows:
"(1) Recordation in the office of the counl recorder of a certified copy of such resolution confirmil
such report so as to give notice of the lien;
(A) Prior to recordation, a notice of lit shall be served on the owner of record in the same manner i
(commencing with Section 415.10) of Chapter 4 of Title 5 (
after diligent search cannot be found, the notice may 1 served by posting a copy thereof in a conspicuous place up1
the property for a period of 10 days and publication there1
County.
The lien shall be recorded in the coun recorder's office and from the date of recording shall ha the force, effect and priority of a judgment lien and may foreclosed by an action brought by the city for a mon judgment.
(C) The city may recover from the proper owner any costs incurred regarding the processing a: recording of the lien and providing notice to the proper' owner as part of its foreclosure action to enfdrce the lie In the event that the lien is discharg or released or satisfied, either through payment
foreclosure, notice of the discharge containing the amount
legal description, assessor's parcel number, and the name a address of the recorded owner shall be recorded in the coun
recorder I s off ice. I*
summons in a civil .action in accordance with Article
Part 2 of the Code of Civil Procedure. If the Owner of reco:
in a newspaper of general circulation in San Diel
(B)
(D)
the lien, the date of the abatement order, the street addres
SECTION 8: That Title 6, Chapter 6.16 of t
Carlsbad Municipal Code is amended by the amendment
3
1 *
3
4
5
6
7
8
0 0
subsection 6.16.130(3) to read as follows:
"(3) If the council decides that such a nuisai
does exist, it may cause the abatement thereof and the cost such abatement shall be a special assessment or a lien agaii the property on which it is maintained and a persoi obligation against the property owner, and may be colleci
38773.1, 38773.5 and other applicable statutes."
pursuant to the proviaions of Government Code Sections 387'
EFFECTIVE DATE: This ordinance shall be effectj
thirty days after its adoption, and the City Clerk shr
certify to the adoption of this ordinance and cause it to
26
27
28
0 YL, 4.- ALETHA L. RAUTENRRANZ, CAty Clerk
4
.. 0 0
6.16.020 Determination of nuisance on real property-Contents resolution.
on any real property in the city a public nuisance as defined
Section 6.16.010, the council shall pass a resolution:
(1) Describing the real property upon which the pub1
nuisance is alleged to exist by street address or such 0th
description as is reasonably necessary to identify it. (Such re
property will hereinafter be referred to as the subject property)
hear and consider any and all evidence and objections regardi
whether a public nuisance exists as alleged on the subje
Whenever it is alleged to the city council that there exis
(2) Declare its intention to:
(A) Hold a public hearing at a specified time and place
property I
(B)
(3) State that if a public nuisance is found to exist on t
Determine whether or not such a public nuisance exists the subject property;
subject property, the council will order the abatement thereof
the expense of the persons creating, causing, committing
maintaining it, and will make the cost of such abatement a
(A) Personal obligation of the person creating, causir
operty owner of t
ubj ect property
committing or maintaining the public nuisance,
EXHIBIT A (Deletions are highlighted;
additions are underlined)
e 0
6.16.040 Hearing-Decision of council.
Section 6.16.020, the council shall hear and consider any and a evidence and objections regarding the alleged public nuisance. may continue the hearing and consideration from time to time, a
shall, at the conclusion thereof, determine by resolution whethl
determination of the council shall be final. If it is determin
that a public nuisance does exist on the subject property, t
resolution so determining shall also order, state and determine
f 0 1 lows :
At the time and place specified in the resolution described
or not a public nuisance exists on the subject property. T
(1) That the public nuisance shall be abated;
(2) The factors, things, conditions or otherwise, which cau
(3) The acts necessary to abate such public nuisanc
or constitute the public nuisance;
including, but not limited to repair, rehabilitation, demolition removal; (4) The date before which the owner of the property or t persons creating, causing, committing or maintaining such pub1
nuisance will be allowed to abate it; and
(5) That if such public nuisance is not abated on or befo
such date, that the council will cause the abatement thereof a
of the property owner of the sublect propert
, and a special assessment asainst the subject property or a li
aqainst the subject property.
EXHIBIT A (Deletions are highlight€ additions are underlined
0 0
6.16.060 Failure to abate nuisance.
(a) In the event such public nuisance is not abated on c before the date described in subparagraph (4) of Section 6.16.04C the city manager shall, and he is automatically authorized ar
directed to cause the abatement thereof by city agents, employee
or by private contract, and in connection therewith such cit
agents or employees, or such private contractors and the;
employees, may enter upon the subject property to abate tk
nuisance.
(b) Notwithstandins any other provision ofthis code, failui to abate such public nuisance on or before the date described :
subparasraph (4) of Section 6.16.040, when ordered to do so :
accordance with the Drovisions of this chapter, or state law whei such state law is amlicable, is a misdemeanor.
EXHIBIT A (Deletions are highlight€ additionsareunderline
0 0
6.16.070 The city manager shall cause to be kept an account of the cc
of such abatement and related administrative costs, and uy
completion thereof, the city manager shall write a report statj
the cost thereof and shall therein specify the time and place which the council will receive and consider such report, togett
with any objections thereto.
Account of cost of abatement to be kept.
EXHIBIT A (Deletions are highlight€ additions areunderline
-. e e
6.16.090 Determination of abatement cost by council.
At the time and place specified in the report, the coun, shall hear and consider any and all evidence and objecti,
regarding the cost of abatement. The hearing and consideration.
council shall, by resolution:
be continued from time to time and upon the conclusion thereof,
(1) Determine the correct abatement cost;
(2) If necessary, modify such report to conform to such
.. (3) ..
correct abatement cost; Confirm the report as presented or modified;
subject property, the correct county assessor's parcel number, street address and the name and address of the recorded owner ba on the last equalized assessment roll or the supplemental ro
whichever is more current. The decision of the council shall be final,
EXHIBIT A (Deletions are highlight
additionsareunderlir
.. e e
6.16.100 Abatement cost to be lien against property.
The cost of abatement, as confirmed, shall be a
(1) Personal obligation of the person creating, causi
I
operty owner of
ubject property 5
EXHIBIT A (Deletions are highligh-
additions areunderlir
e e
6.16.110 Collection of cost of abatement. The cost of abatement, as confirmed, may be collected by city by any or all of the following or any other lawful means
certified copy of such resolution confirming such report so a
give notice of the lien;
(A) Prior to recordation, a notice of lien shall be serve
the owner of record in the same manner as summons in a civil ac
in accordance with Article 3 (commencinq with Section 415.10
Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
the owner of record after dilisent search cannot be found, notice may be served by postins a COPY thereof in a conspic
place upon the property for a period of 10 days and publica thereof in a newspaper of qeneral circulation in San Dieqo Cou
(Bl The lien shall be recorded in the county record office and from the date of recordins shall have the force, ef
and priority of a judqment lien and may be foreclosed by an ac
brouqht by the city for a money judsment.
(C) The city may recover from the property owner any c
incurred resardinq the processins and recordins of the lien
providinq notice to the property owner as part of its foreclc
action to enforce the lien.
(D) In the event that the lien is discharsed or release
satisfied. either throush payment or foreclosure, notice of discharqe containins the amount of the lien, the date of abatement order, the street address, leqal description, assess parcel number, and the name and address of the recorded owner s
be recorded in the county recorder's office.
(1) Recordation in the office of the county recorder
(2) Civil action by the city;
(3) Filing a certified copy of such resolution confir such report with the auditor of the county who shall enter
The amount of the assessment shall be collected at the time an the manner of ordinary municipal taxes. If delinquent, the am is subject to the same penalties and procedures of foreclosure
sale provided for ordinary municipal taxes.
may determine that in lieu of collecting the entire assessmen
the time and in the manner of ordinary municipal taxes,
assessment of fifty dollars or more may be made in an installments, in any event not to exceed five, and collected installment at a time at the times and in the manner of ordi municipal taxes in successive years. If any installmenl delinquent, the amount thereof is subject to the same penalties
procedure for foreclosure and sale provided for ordinary munic
taxes. The payment of assessments so deferred shall bear inte
on the unpaid balance at the rate of six percent per year. (4) In addition to any other costs of abatement under
chapter, upon the entry of a second or subsequent civil or crilr
judgment within a two-year period in which the owner of
this chapter, except for conditions under the State Housing (Health and Safety Code Section 17980), a court may order property owner to pay treble the costs of the abatement.
assessment on the county tax roll opposite the subject prope
The legislative
property is responsible for a condition that may be abated u
EXHIBIT A (Deletions are highligl additionsareunderli
e e
6.16.130 Procedure for abatement. The procedure for the abatement of such a nuisance shall be follows:
(1) Once such a nuisance is alleged to exist on cert
property, the city council shall cause a written notice thereof
be mailed to the person to whom such property is assessed in last assessment role available on the date of mailing, of the t
and place for hearing objections and testimony and determinatioi
whether or not such a nuisance exists. Such notice shall be mai at least five days prior to the time of hearing;
(2) At the time and place stated in the notice, the cour shall hear and consider all objections and testimony regard whether or not such a nuisance exists, and following such hear shall decide such question. The hearing may be continued from t
to time;
(3) If the council decides that such a nuisance does exj it may cause the abatement thereof and the cost of such abaten shall be a special assessment or a lien against the property which it is maintained and a personal obligation against property owner, and may be collected pursuant to the provisions
Government Code Sections 38773, 38773.1, 38773.5 and ot
applicable statutes.
EXHIBIT A (Deletions are highlight additions areunderlin