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Home My WebLink About1994-03-08; City Council; 12618; SETTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE 3244 HARDING STREET APN 2041100300\ - o .d 34 e 5 a 0 u k a, u (6 E a u 5 u a, m 0 u 4-1 4-1 cd 4.J LO u o aJ $4 a $ a a, .d a 74 h I 4. o\ g G .d urn m t-l 5-I 2* d ao aJk ac rlbo =t oa, (6 u c z 2 0 a 6 O* LON ucd P4zl 0 (60 -4 F1 o *d G$4 + z 3 8 UTY OF CARLSBAD - AW DA BILL ,'w k DEPT ETTING A PUBLIC HEARING FOR CITY AB ,# 'a!b I' TITLE: SHE DECLARATION OF A PUBLIC DEPT. BLD 3244 HARDING STREET CITY RECOMMENDED ACTION: MTG. 3-8 .- 97 NUISANCE - APN 204-1 10-03-00 It is alleged that a public nuisance exists at 3244 Harding Street within the Carlsbad on the lot identified as APN 204-1 10-03-00. It is recommended t Coun iI AD PT Resolution No. qL( - 0 ! setting a public hearing for - 3 7 a .9?4 to hear and consider all evidence and objections regardi allegation. ITEM EXPLANATION The purpose of this item is for the City Council to set a public hearing to de whether the vacant buildings at 3244 Harding Street, APN 204-1 10-03-00 are nuisance. Formerly an apartment complex, the buildings are now vacant. The buildi dilapidated and partially demolished. The buildings have had their fire resistive and interior finishes partially removed. There is evidence to suggest that c frequent the area as a haven. The site is immediately across from Pine Elei School. Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance E The existence of real property within the city: (1) In a condition which is adverse or detrimental to public peace, healtl safety or general welfare; or (2) Which is maintained so as to permit the same to become so defectivc unsightly, dangerous or in a condition of deterioration or disrepair so th* the same will, or may cause harm to persons, or which will be material detrimental to property or improvements located in the immediate vicini of such real property; is declared to constitute a public nuisance. Section 18.19.010 of the Carlsbad Municipal Code adopts the 1979 editio Uniform Code for the Abatement of Dangerous Buildings. The Uniform Cod€ what is considered to be a dangerous structure in Section 302. This definitio states that a dangerous building is: ... any portion of a building or structure or VI any building or structure is abandoned for a period in excess of six months constitute such building or portion thereof an attractive nuisance or hazar public. These buildings have been in their current abandoned and partially del condition since September 1992. 0 0 Page Two of Agenda Bill No. idi 69 /g Additionally, the Uniform Code defines a dangerous building as one whic sufficient fire-resistive construction. The interior and exterior finishes of the b which were removed were passive fire-resistive elements and without th buildings are a fire hazard. A Notice and Order was served upon the building owner on November 10, 19: Order directed the owner to begin to repair or demolish the buildings within si days. The owner's construction management firm asked for an additional 30 c waived the owner's right to appeal the Notice and Order. The extension was ! The Order's compliance deadline, along with a 30 day extension, was for cons or demolition to begin by February 10, 1994. As yet, neither the architec owner has secured a building permit to begin construction. At the public hearing staff will present evidence to show why the buildings SI declared dangerous buildings to the extent that the life, health, property or s the public is endangered and why the buildings should be declared a public r and abated at the expense of the property owner(s). 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 any ab order may be recovered from the property owner(s). Cost recovery meth described within Chapter 6.16 of the Carlsbad Municipal Code, Section 6.1 6.1 can be accomplished by a lien against the property, civil action, or criminc against the property owner(s). EXHIBITS 1. Resolution No. 9 4- 3 I 2. Location Map 3. Notice and Order dated November IO, 1993 Scale: 1” = 200’ Copyright 1994 City of Corlsbad GIS 7 1 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 0 RESOLUTION NO. 94-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR1 CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUBLIC HI ON THE ABATEMENT OF A PUBLIC NUISANCE AT 3244 HARDING ! APN 204-1 10-03-00. WHEREAS, the conditions which exist on Assessor's Parcel Number 204" 00 are alleged constitute a public nuisance as defined in Title 6, Section 6.1 6 the Carlsbad Municipal Code; and Sections 202 and 302 of the Uniform Code Abatement of Dangerous Buildings, as adopted by the Carlsbad Municipal Codc 18, Section 18.1 9.01 0. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. 2. That the above recitations are true and correct. That the City has the power at both common law and by ordir abate nuisances. 3. That the City Council has established procedures for the abatr certain nuisances within the City limits. 4. That the City Council will hold a public hearing on March 2 1994 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, t to consider whether or not the conditions on the property constitute a public and will hear and consider any and all evidence and objections. 5. That if a public nuisance is found to exist it will be ordered abat expense of the property owner(s) or the persons causing or maintaining the and such expense shall become a lien and special assessment against the pra a personal obligation of the property owner and the persons creating, committing or maintaining the public nuisance. .... : 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 0 6. That the Community Development Director of the City of Carls cause this resolution to be posted according to law, and also cause the notii sent to the property owner(s) and all parties that hold interest in the subject that the City Council will hold a public hearing on March 22 1 determine whether or not the conditions constitute a public nuisance. Said no1 be mailed at least ten days prior to the hearing. 7. That based upon the facts presented at the public hearing, the Cit\ will determine whether or not a public nuisance exists, and if it exists the Citj will order that the public nuisance be abated at the expense of the person(s1 it and the property owner(s). PASSED, APPROVED AND ADOPTED at a regular meeting of the City C the City of Carlsbad, California, held on the 8th day of MARCH by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil: NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2. November 10, 1993 c Centhron Inc. Attention: Mr. Robert Adato 31 60 Camino Del Rio South #I 18 San Diego,CA 92108 RE: 3244 Harding Carlsbad,CA APN 204 110 03 00 NOTICE AND ORDER In accordance with Carlsbad Municipal Code Section 18.1 9 DANGEROUS BUILDIr CODE, the Building Official has determined the buildings at the address referenc above to be dangerous buildings. By definition, whenever any building remains on the site after demolition or abandoned for a period in excess of six months so as to constitute an attracti nuisance it may be considered dangerous. Additionally buildings without sufficient fii resistive construction may be considered dangerous. The above referenced buildin have been partially demolished and abandoned in excess of six months. They are i attractive nuisance to vagrants in the neighborhood. The interior finishes, which we demolished, were fire-resistive elements. All building permits to repair or demolish the buildings must be secured ar construction begun within 60 days of this notice. Construction shall proceed in timely manner towards completion. If required repair work is not begun within tt allotted time, the City of Carlsbad may proceed to cause the buildings to t demolished and charge the costs thereof against the property or its owner. Any person having record title or legal interest in the building may appeal from th Notice and Order to the City Council. Such appeal shall be in writing and filed with tl building official within 30 days of service of this order. Failure to appeal will constitu a waiver of all right to an administrative hearing and determination of the matter. PATRICK KELLEY PRINCIPAL :-\ BUILDING INSPEC R .. c: City Manager 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161