HomeMy WebLinkAbout1993-05-04; City Council; 12212; SETTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE APN 2071010100p- dJ &: 2 0 E a
2 0
4 =! 0 z 3 0 0
5
CITY I APN 207-1 0 1-0 1-00
RECOMMENDED ACTION:
It is alleged that a public nuisance exists on vacant land on the southeast corn
Drive and Marina Drive, APN 207-101-01-00. It is recommended that Counc
consider all evidence and objections regarding this allegation.
ITEM EXPLANATION
The Purpose of this item is for the City Council to set a public hering to
whether the abandoned vehicles parked on vacant land at the southeast corn
Drive and Marina Drive, APN 207-01 0-01 -00, constitute a public nuisance.
The property is vacant land that is zoned P C, Planned Community. The prc
a tentative parcel map that is currently in the process of extension. Over the
and one half years an increasing number of boats, boat trailers, travel trai
trucks and construction equipment have been parked on the property.
Carlsbad Municipal Code Section 6.16.01 O( 1 ) and (2) defines nuisance as the
of real property within the city: Which is maintained so as to permit the same 1
so defective, unsightly, dangerous or in a condition of deterioration or disrep
the same will, or may cause harm to persons, or which will be materially detr
property or improvements located in the immediate vicinity of such real prope
a condition which is adverse or detrimental to public peace, health, safety
welfare.
The city has received many complaints via telephone calls to Code Enforcer
Manager and City Council Offices alleging that abandoned vehicles on tl
unsightly and are materially detrimental to adjacent real property. Th
movement of boats, boat trailers, travel trailers, cars trucks, and construction f
on and off the lot, over the curb will, over time, damage the curb. Th
movement of vehicles on and off this lot is a potential traffic hazard. The dui
leaking of motor oil from vehicles parked on this property is an environmenta
The owners of the land and the developer have been given notice to remove
trailers, cars, trucks and construction equipment from the property and
property from the lagoon along Bayshore Drive, Park Drive and Marina Drive
has exhausted all methods of gaining cooperation in resolving this matter.
Resolution No. 99-831 setting a public hearing for May 18, 1993 tc
I
0 0
Page Two of Agenda Bill No.
FISCAL IMPACT
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 ab
order may be recovered from the property owner(s) and/or the vehicle ownei
recovery methods are described in Chapter 6.1 6 of the Carlsbad Municipal Cod
Section 6.1 6.1 10 and can be accomplished by a lien against the property, civ
or criminal action against the owners of the property and the vehicles.
EXHIBITS
1. Resolution No.
2. Location Map
Y
rs
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
l7
l8
19
20
23.
22
23
24
25
26
27
28
0 e
RESOLUTION NO. 93-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI
DECLARING THE CITY'S INTENTION TO HOLD A PUBLIC HEARlNG C
ABATEMENT OF A PUBLIC NUISANCE ON THE VACANT LAND ON THE SOU
CORNER OF PARK DRIVE AND MARINA DRIVE.
WHEREAS, the conditions which exist on Assessor Parcel Number 207-01 0-0
alleged to constitute a public nuisance as defined in Title 6, Section 6.1 6.010 of the
Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
California, does hereby resolve as follows:
1.
2.
That the above recitations are true and correct.
That the City has the power at both common law and by ordinance
nuisances.
3. That the City Council has established procedures for the abatement
nuisances within the City limits.
4. That the City Council will hold a public hearing on May 18 , l!
City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California to considt
or not the conditions constitute a public nuisance and will hear and consider a
evidence and objections.
5. That if a public nuisance is found to exist it will be ordered abated at tt
of the property owners or the persons causing or maintaining the nuisance and SUC
shall become a lien and special assessment against the property and a personal 01
the property owner and the persons creating, causing, committing or maintaining
nuisance.
6. That the Community Development Director of the City of Carlsbad wil
resolution to be posted according to law, and also cause the notice to be sent to t
owners and all parties that hold interest in the subject property that the City Coun
Ir
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
l8
19
20
21
22
23
24
25
26
27
28
*
a public hearing on , 1993 to determine whether or not the COI
constitute a public nuisance. Said notice shall be mailed at least ten days prior to the I
That based upon the facts presented at the public hearing, the City Coi
determine whether or not a public nuisance exists, and if it exists the City Council VI
that the public nuisance be abated at the expense of the person(s) creating it and the I
owners and will determine how the cost of the abatement will be collected acco
applicable laws.
May 18
7.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council o
of Carlsbad, California, held on the 4th day of MAY , 1993, by the 1
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
2.
e 0
9
P
\ \
A
- i
%
I
-