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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 -