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Home My WebLink About1992-02-18; City Council; 11568; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT APN |2061201000|2061200200|2061201000|2061201100|--A ** ECOMMENDED ACTION: It is alleged that a public nuisance exists at 101 5 Chinquapin, 1039 Chinquap Harrison and the vacant lot identified as APN No. 206-1 20-1 0. It is recommen Council adopt Resolution No. YR-&/ setting a public hearing for flmd 10, to hear and consider all evidence and objections regarding this allegation. ' ITEM EXPLANATION The purpose of this item is for the City Council to determine whether the h Code violations at 101 5 Chinquapin, 1039 Chinquapin, 4090 Harrison and th lot identified as APN No. 206-120-10 (Baywalk Properties) are a public nuisi There are dilapidated and partially demolished structures located on three of affected properties. In addition, a large amount of trash and debris, dry overgrown vegetation and brush and dead trees exist on all the lots and which from public view. Section 18.19.010 of the 1979 Uniform Code for the Abatement of Di Buildings, (adopted in 1981), defines what is considered to be a dangerous : within Chapter 3: Definitions, Section 302; Dangerous Buildings, sub-section ( definition includes, any portion of a building or structure which remains on a 1 the demolition or destruction of the building or structure or whenever any bt structure is abandoned for a period in excess of six months so as to constit building or portion thereof an attractive nuisance or hazard to the public. The conditions existing on the affected properties relating to the above mentio section include three (3) residential structures and associated out buildings (! which have been partially demolished by the removal of the roofs, exterior c walls or other portions of the buildings necessary to make the buildings str stable. accessibility to the buildings by children or vagrants. The properties are inundated with a large amount of dry weeds, dead t overgrown vegetation and brush which has the potential to cause a fire ha which is prohibited within Section 17.04.010 of the 1988 Uniform Fire Code, in 1990), Article 11: General Precautions Against Fire; Division 11; Combus Flammable Materials, Accumulation of Waste Materials, Section 11.201 (a). Section 6.12.01 0 of the Carlsbad Municipal Code, defines Junk to include was refuse, shrubbery or trees, plaster, wire, or like materials from the de alteration, or construction of buildings or structures. These type of materials a number of bags of insulation have been discarded throughout the propertic D w lx clb 0- ck Also missing are windows, doors and any other barrier which 5 .. z 0 5 a i 0 z 3 8 e 0 Page 2 of Agenda Bill No. //, 568 Section 6.1 2.040 of the Carlsbad Municipal Code, Regulations for Accumul states "No person shall accumulate junk or permit junk to be accumulated on i is used for residential purposes, except (among other restrictions), sub-sectio accumulation shall not be maintained so as to be conducive to the breeding, or harborage of insects, rodents, vermin or pests, sub-section (2) unsightly, sut (3) constitute a fire hazard or sub-section (5) a danger or potential danger to tt health, safety or welfare. For the past eight (8) months staff has received several complaints from area r concerning the unsightliness and potential danger existing as a result of the cc occurring upon the property. In addition to the unsightly nature of this con( conditions existing on the property create an attractive nuisance to chilc vagrants in the area, and an extreme fire hazard because of the inundation of v overgrowth on the property. Several attempts have been made by the City to gain compliance from the 01 the property, (the Huntington Properties, Inc., also known as Baywalk Ltc property owners have ignored or failed to abate these conditions as request€ FISCAL IMPACTS The property owner(s) are financially responsible for abating the violations as nuisance. The cost of any litigation to enjoin the nuisance or enforce the at order may be recovered from the property owner(s). Cost recovery methods are described within Chapter 6.16 of the Carlsbad h Code, under Nuisances, Section 6.16.1 10 and can be accomplished by a lief the property, civil action, or criminal action against the property owners EXHIBITS I. Resolution No. 99.- h / 2. Location Map 3. 4. Section 302, Uniform Code for the Abatement of Dangerous Structuri Section 11.201 , Uniform Fire Code 0 0 4 City of Cadsbr BAYWALK EXHIBIT 1 L . e e EXHIBIT 3 SECTION 302, UNIFORM CODE FOR THE ABATEMEN7 OF DANGEROUS STRUCTURES EXCERPT 1979 EDITION Dangerous Building Sec. 302. For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to con- stitute a public nuisance known to the common law or in equity jurisprudence. 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attrac- tive nuisance or hazard to the public. 0 e EXHIBIT 4 SECTION I I .201 I UNIFORM FIRE CODE EXCERPT 1982 Edition Division II COMBUSTIBLE AND FLAMMABLE MATERIALS Accumulation of Waste Material Sec. 11.201. (a) Accumulations of wastepaper. hay, grass, straw, weeds, litter or combustible or flammable waste matenal, waste petroleum products or rubblsh of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot or open space. All weeds, grass, vines or other growth, when same endangers property or is liable to be fired, shall be Cut down and removed by the owner or occupant of the property. When total removal of growth from a piece of property is impractical due to size or to environmental factors, approved fuel breaks may be established between the land and the endangered property. ne width of the fuel break shall be determined by height. type and amount of growth, wind conditions. geographical conditions and type of exposures threatened. I- 4 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 e RESOLUTION NO. 97-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CA DECLARING 101 5 CHINQUAPIN, 1039 CHINQUAPIN, 4090 HARRIS01 VACANT LOT OWNED BY HUNTINGTON PROPERTiES, INC. (ASSESSOR NUMBERS; 206-1 20-01, 02, 10 AND 1 1) AS A POTENTIAL PUBLIC NUISP DECLARING THE CITY’S INTENTION TO HOLD A PUBLIC HEARING ABATEMENT OF NUISANCE: ACCUMULATION OF WEEDS AND DEBRIS ABANDONMENT OF THREE STRUCTURES. WHEREAS, the City, in response to a number of complaints regarding the abi of three partially demolished structures and the accumulation of trash and d exhausted all means of enforcement; and, WHEREAS, the conditions existing on assessors parcel numbers 206-1 20-C and 1 1, constitute a public nuisance as defined in Title 6, Section 6.1 6.01 0; Subs and (2) of the Carlsbad Municipal Code, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, does hereby resolve as follows: 1. 2. abate nuisances. 3. That the above recitations are true and correct. That the City has the power at both common law and by or1 That the City Council has established procedures for the ab: 1 certain nuisances within the City limits. - 4. That a potential threat to the safety of the general public exists of the conditions existing upon the subject property. 5. .That the City Council will hold a public hearing on /zfilrc k 1992 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, C: consider whether or not the conditions constitute a public nuisance, that if a public is found to exist it will be ordered abated at the expense of the property owner persons causing or maintaining the nuisance and such expense shall become a lien i assessment against the property. t- I' 1 2 3 o 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 e 6. That the Community Development Director of the City of Car cause this resolution to be posted according to law, and also cause the notice to b the property owners and all parties that hold interest in the subject property tha Council will hold a public hearing on fl,4 rLh I c7 , 1992 to determine whether conditions constitute a public nuisance. Said notice shall be mailed at least ten dai the hearing. 7. That based upon the facts presented at the public hearing, the Ci will determine whether or not a public nuisance exists and, if a public nuisance does the City Council will order that the public nuisance be abated at the expense of the creating it and will determine how the cost of the abatement will be collected acc applicable laws. 8. That the Community Development Director will provide a1 testimony at the public hearing. PASSED, APPROVED AND ADOPTED at a regular meeting of the City 1 the City of Carlsbad, California, held on the 18th day of February , 19: following vote, to wit: AYES; Council Members Lewis, Kulchin, Larson, Stanton and Nygaar I NOES: None ABSENT: None ATTEST: oLQd,&. 6&GLlk*- ALETHA L. RAUTENKRANZ, City Clerk 1 (SFAL) 2.