HomeMy WebLinkAbout1993-05-18; City Council; 12227; DECLARATION OF PUBLIC NUISANCE APN 2071010100I
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\ LI C'p: OF CARLSBAD - AGENW BILL
DEPT. I AB# 'a! "' Tm DECLARATION OF A PUBLIC NUISANCE -
MTG. 5-18-9.3 APN 207-1 01 -01 -00 CITY A
DEPT. BLD CITY M
RECOMMENDED ACTION:
It has been alleged that a public nuisance exists on vacant land on the southea:
of Park Drive and Marina Drive, APN 207-101-01-00. It is recommended that
ADOPT Resolution No. ci 7 - I 73 declaring the conditions which exist on the pr
public nuisance and ordering the abatement thereof.
ITEM EXPLANATION
The purpose of this item is for the City Council to hear any evidence or objectic
whether the abandoned vehicles parked on vacant land at the southeast corne
Drive and Marina Drive, APN 207-010-01-00, constitute a public nuisance.
The property is vacant land that is zoned P C, Planned Community. The pror
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 trailf
trucks and construction equipment have been parked on the property.
Carlsbad Municipal Code Section 10.52 defines vehicles abandoned on private
a public nuisance. Normally such vehicles would be abated under this Code
Since the campers and boats without trailers are not, by definition, vehicles a
public nuisance declaration as provided by Section 6.16 Carlsbad Municipal f
include all items of concern on the property.
Carlsbad Municipal Code Section 6.1 6.01 O( 1 ) and (2) defines a nuisanc
existence of real property within the city: Which is maintained so as to permit
to become so defective, unsightly, dangerous or in a condition of deterio
disrepair so that the same will, or may cause harm to persons, or which will be I
detrimental to property or improvements located in the immediate vicinity of
property or is in a condition which is adverse or detrimental to public peacf
safety or general welfare.
The city has received many complaints via telephone calls to Code Enforcerr
Manager and City Council Offices alleging that abandoned vehicles on th
unsightly and are materially detrimental to adjacent real property. The
movement of boats, boat trailers, travel trailers, cars, trucks, and construction e
on and off the lot, over the curb will, over time, damage the curb. Thi
movement of vehicles on and off this lot is a potential traffic hazard. The dur
leaking of motor oil from vehicles parked on this property is an environmental
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Page Two of Agenda Bill No. '2, a%?
FISCAL IMPACT
The property owner(s) are financially responsible for abating the violations as i
nuisance. The cost of any litigation to enjoin the nuisance or enforce the ab2
order may be recovered from the property owner(s) and/or the vehicle ownerd
recovery methods are described in Chapter 6.16 of the Carlsbad Municipal Cod€
Section 6.16. I 10 and can be accomplished by a lien against the property, civil
or criminal action against the owners of the property and the vehicles.
EXH I BITS
1. Resolution No. 9 3-fq7
2. Location Map
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RESOLUTION NO. 93-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR
CALIFORNIA DECLARING THE ACCUMULATION OF VEHICLES, CA
BOATS AND CONSTRUCTION EQUIPMENT LOCATED ON VACANT LE
THE SOUTHEAST CORNER OF PARK DRIVE AND MARINA DRIVE A
NUISANCE.
WHEREAS, the City Council at their meeting of May 18, 1993 held a duly
public hearing and considered all evidence and testimony of anyone desiring to t:
WHEREAS, Chapter 10.52 of the Carlsbad Municipal Code declares ab
dehicles to be a public nuisance.
WHEREAS, the vehicles, campers, boats and construction equipmen
Droperty are unsightly; and
WHEREAS, the City has received numerious citizens' complaints alleginc
abandoned vehicles are materially detrimental to adjacent property; and
WHEREAS, the movement of said vehicles over the curb has and will ca
jamage the curb; and
WHEREAS, the random movement of vehicles on and off this lot is a
traffic hazard; and
WHEREAS, the leaking or dumping of motor oil from vehicles parkf
oroperty is an environmental hazard;
WHEREAS, the conditions existing on the parcel constitute a public nu
defined in Section 6.1 6.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, by the City Council of the City of Carlsbad, Calif(
7ereby resolve as follows:
1. That the above recitations are true and correct.
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2. That the City has the power at both common law and by ordinance
nuisances.
3. That the condition of the property is adverse or detrimental to th
health, safety and general welfare of the public.
4. That the property is maintained in a manner which is materially de.
to property and improvements in the immediate vicinity of such real property.
That the conditions on the property constitute a public nuisance
That the public nuisance shall be abated.
5.
6.
7. That abatement of the nuisance shall include removal of all
campers, boats, recreational vehicles and construction equipment.
8. That the abatement shall be completed by the property owner a
persons creating, causing, committing or maintaining the public nuisance on
June 18, 1993.
9. That if such public nuisance is not abated on or before June 18, 1
the Council will cause the abatement thereof and will make this expense of a
a personal obligation of the property owner of the subject property, a special as
of a lien against the subject property, and a personal obligation of the person:
causing, committing, or maintaining the public nuisance.
10. That if the public nuisance is not abated by June 18, 1993
Manager is directed to abate the nuisance pursuant to Carlsbad Municipal Co
6.16.060.
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2.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc
993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
3.
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NOT TO SCALE
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es 515 Mailing Sodth Address Flower @et Box 2679 - T A I %$$: Los Angeles, California 90051 Telephone 213 486 2400
Information Resource Center
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Laguna Shores
Homeowners Association
4740 Bryce Circle
Carlsbad, California 92008
May 17, 1993
City Council Chambers
1200 Carlsbad Village Drive
Carlsbad, California
Re: Public Nuisance
TO WHOM IT MAY CONCERN:
We, the Board of Directors of the Laguna Shores Homeowners
Association, represent 26 families and are writing to you to
express our grave concern for the unsightly nuisance being forced
upon us by the parking of trailers, seemingly abandoned cars,
boats, limousines, trucks, and motor homes at Park Drive. The
area is an undeveloped lot and the parking of vehicles represents
a public nuisance and danger to the community. Our homes
represent a significant investment to us and our peace of mind is
contingent upon being able to enjoy the view of the lagoon
without viewing illegally parked vehicles. It is our contention
that the parking of private vehicles, recreational vehicles,
boats and trailers is the responsibility of the owner and that
the parking of such vehicles on this lot or on a public
thoroughfare is a nuisance to both the homeowners at Laguna
Shores and the remainder of the community as well. It is our
allegation that such action creates a hazard, is unsightly and should not be tolerated in this neighborhood. We have
established rules and believe the City of Carlshad has rules
which only allow the parking of boats, trailers, and other
recreational vehicles in a designated area. Our community has
such an area and those residents who cannot be acommodated by the established RV parking area would be required to find a suitable
alternative. So too do we believe that Park Drive is an
inappropriate area for such parking and respectfully request the City Council to undertake whatever action necessary to rid the
area of these violators. To date, despite complaints, it is our
understanding that these vehicles have not been cited and have not been impounded.
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Any action taken by the City Council which will return the
neighborhood to its original tranquil setting will be
appreciated. Thank you for your attention to this most urgent
matter of utmost concern to the residents of Laguna Shores.
Sincerely, ,sLA-d,-=.- .. /g>
K&-&[..-- s. PIC Nq
Bruce J. Klier, Ph.D.
Laguna Shores Homeowners Association
President
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Kathleen McNally
Laguna Shores Homeowners Association
Vice President
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A1 Horning
Laguna Shores Homeowners Association
Treasurer
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VIA HAND DELIVERY ON 5/18/93
May 17, 1993
City of Carlsbad Building Department
2075 Las Palmas Drive Carlsbad, CA 90009-1576
ATTN: Pat Kelley
Re: DECLARATION OF A PUBLIC NUISANCE, ORDER FOR ABATEMENT AT MUNICIPAL CODE VIOLATIONS
Dear Mr. Kelley:
On May 12, 1993, we received a certified letter from the Cil of Carlsbad regarding the above-referenced matter which we beliey relates to a boat and boat trailer that we forrnerlv owned. ( October 25, 1992, we sold the boat and boat trailer to Heath Co who we believe resides at 3900 Monroe Street, Carlsbad, Californii Please find attached copies of the bill of sale and Releases (
Liability for both the boat and boat trailer that we filed with tl Department of Motor Vehicles in Oceanside on October 27, 1992.
Since we sold the boat and boat trailer and filed all tl required paperwork to relieve us of liability, the Declaration ( Public Nuisance, Order for Abatement and Municipal Code Violatioi was sent to us in error. Please contact Fred Gaul at 729-0544 I Kristi Arnold at 231-1058 at your earliest convenience to reso17 this matter.
We realize, of course, that the Declaration was sent in errc through no fault of your office. We both work and would simp like to resolve this matter quickly.
Thank you in advance for your cooperation.
sin erely,
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Frederick J. Gaul and Kristi
Arnold (spouse to Frederick J. Gau
j3REsENJfi0 -p cIry CLERK 47 CQ~NC~L NLE-TI~L~Q.
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NOTICE OF RELEASE OF LIABILITY