HomeMy WebLinkAbout1994-03-22; City Council; 12638; DECLARATION OF PUBLIC NUISANCE 3244 HARDING STREET APN 2041100300---. e *E
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1- - i - WY OF CARLSBAD - AGW A BILL
DEPT AB # m TITLE: DECLARATION OF A PUBLIC
MTG.3-dd-9Y NUISANCE - APN 204-1 10-03-00 CITY
3244 HARDING STREET CITY DEPT. BLD
RECOMMENDED ACTION:
It has been alleged that a public nuisance exists at 3244 Harding Street within
of Carlsbad on the lot identified as APN 204-1 10-03-00. It is recommended
Council ADOPT Resolution No. CiY- 88 declaring the conditions whi
on the property a public nuisance and ordering the abatement thereof.
ITEM EXPLANATION
The purpose of this item is for the City Council to hear any evidence or objeci
to whether the vacant buildings at 3244 Harding Street, APN 204-1 10-034
public nuisance.
Formerly an apartment complex, the buildings are now vacant. The build
dilapidated and partially demolished. The buildings have had their fire resistive
and interior finishes partially removed. There is evidence to suggest that i
frequent the area as a haven. The site is immediately across from Pine Ele
School.
Section 6.1 6.010 of the Carlsbad Municipal Code defines a public nuisance
The existence of real property within the city:
(1) In a condition which is adverse or detrimental to public peace, healt
safety or general welfare; or
(2) Which is maintained so as to permit the same to become so defectiv
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 materia
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 editic
Uniform Code for the Abatement of Dangerous Buildings. The Uniform Cod
what is considered to be a dangerous structure in Section 302. This definitic
states that a dangerous building is: ... any portion of a building or structure or \r
any building or structure is abandoned for a period in excess of six months
constitute such building or portion thereof an attractive nuisance or hazai
public. These buildings have been in their current abandoned and partially de
condition since September 1992.
Additionally, the Uniform Code defines a dangerous building as one wh
sufficient fire-resistive construction. The interior and exterior finishes of the
which were removed were passive fire-resistive elements and without 1
buildings are a fire hazard. The City's Fire Marshal has declared the buildir
hazard.
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Page Two of Agenda Bill No. 'kj 63 8
The site is littered with trash, garbage, and junk. There is human waste aro
site. The property owners have not provided any maintenance of the site to c
these problems.
A Notice and Order was served upon the building owner on November IO, 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 d
waived the ownefs right to appeal the Notice and Order. The extension was i
The Order's compliance deadline, along with a 30 day extension, was for cons
or demolition to begin by February IO, 1994.
Ordinarily a property owner could wait 180 days after securing a building PI
begin work. Staff is recommending that the conditions on the property be de
public nuisance, and that the City Council require the nuisance to be abatec
further recommends that the City Council authorize the City Manager to at
nuisance in the event that the property owner fails to do so within 30 days.
In the event that the property owner secures building permits and proceeds 1
the nuisance by rehabilitation of the structures in a timely and diligent mannc
will report to Council on the progress of the nuisance abatement.
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(s1. Cost recovery meth
described within Chapter 6.16 of the Carlsbad Municipal Code, Section 6.16.1
can be accomplished by a lien against the property, civil action, or crimina
against the property owner(s).
EXHl BITS
1. Resolution No. 94-88
2. Location Map
3.
4. Memorandum from Fire Marshal
Notice and Order dated November IO, 1993
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RESOLUTION NO. 94-88
A\RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CA
CA&lFORNlA DECLARING THE PARTIALLY DEMOLISHED, ABA
BUIL\PINGS AT 3244 HARDING STREET, APN 204-110-03-00 A
N u I s AN c E.
WHEREAS, the City Council at their meeting of
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duly noticed public, hearing and considered all evidence and testimony o
desiring to be heard.
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WHEREAS, the bdldings are by definition of the Carlsbad Municipal Cod
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18.19 dangerous buildings'bnd may cause harm to persons; and
WHEREAS, the Fire Makhal has declared the buildings to be a fire ha
WHEREAS, this fire hazardkndangers the health, property or safety of tl
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WHEREAS, the time limits impoyjed in a Notice and Order by the City':
Official have expired; and
WHEREAS, the property is in a cohdition which is adverse or detrii
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public peace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to bc
defective, unsightly, dangerous or in a condition of deterioration or disrepair sl
same will, or may cause harm to persons, or which will be materially detrii
property or improvements located in the immediate vicinity of such real prop
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WHEREAS, the site is known to be a haven for vagrants in the area;
WHEREAS, the site is littered with trash, garbage and human waste;
WHEREAS, the site is immediately adjacent to an elementary school;
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WHEREAS, the conditions on the parcel constitute a public nuisance as 1
in Section 6.1 b,:OlO of the Carlsbad Municipal Code.
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NOW, THEFEFORE, by the City Council of the City of Carlsbad, Califor
\ \ hereby resolve as fallows:
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That the'<?bove recitations are true and correct.
That the Cky has the power at both common law and by ordir
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abate nuisances. \\,
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health, safety and general welfare of the public.
4. That the property is maintained in a manner which is materially del
to property and improvements in the immediate vicinity of such real propertb
That the conditions on the property constitute a public nuisancc
That the public nuisance shall be abated.
That abatement of the nuisance shall be the demolition and rema
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structures on the site and clean-up of all trash and garbage on the site.
8. That the abatement of the nuisance shall be completed by the
owner within 30 calendar days from the date of adoption of this resolution.
That if such public nuisance is not abated within 36 calendar d
the date of adoption of this resolution that the Council directs the City Ma
abate said public nuisance and to make this expense of abatement a personal c
of the person creating, causing, committing, or maintaining the public nuisani
personal obligation of the property owner of the subject property, and i
assessment against the subject property according to Carlsbad Municipal Cod1
6.16.060.
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That the City Manager is also authorized to collect the cost
abatement by the means described in Carlsbad Municipal Code Section 6.1 6.1 '
other lawful means.
'O';
PASSED, APPROVED AND ADOPTED at a regular meeting of the City C
the City of Carkbad, California, held on the
1993, by the following'vote, to wit:
day of
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AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA E. RAUTENKRANZ, City Clerk
(SEAL)
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EXHIBIT 2 0 ,. c*.
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i Scale: 1” = 200’
Copyright 1994 City of Carlsbad GIs
'p EXHIBIT 3 3 ,- -
November 10, 1993 -
Centhron Inc.
Attention: Mr. Robert Adato
3160 Camino Del Rio South #118
San Diego,CA 92108
RE: 3244 Harding Carlsbad,CA APN 204 110 03 00
NOTICE AND ORDER
In accordance with Carlsbad Municipal Code Section 18.19 DANGEROUS BUILD
CODE, the Building Official has determined the buildings at the address referer
above to be dangerous buildings.
By definition, whenever any building remains on the site after demolition 01
abandoned for a period in excess of six months so as to constitute an attrac.
nuisance it may be considered dangerous. Additionally buildings without sufficient 1
resistive construction may be considered dangerous. The above referenced buildi
have been partially demolished and abandoned in excess of six months. They are
attractive nuisance to vagrants in the neighborhood. The interior finishes, which w
demolished, were fire-resistive elements.
All building permits to repair or demolish the buildings must be secured i
construction begun within 60 days of this notice. Construction shall proceed i
timely manner towards completion. If required repair work is not begun within
allotted time, the City of Carlsbad may proceed to cause the buildings to
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 t
Notice and Order to the City Council. Such appeal shall be in writing and filed with
building official within 30 days of service of this order. Failure to appeal will constiti
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
0 0 EXHIBIT 4
March 3, 1994
TO PAT KELLEY, Building Department
FROM: Mike Smith, Fire Marshal
FIRE HAZARD, 3244 HARDING STREET
As a result of inspection ofsthe vacant apartment building at the above address, and informatic
you have provided regarding the progress of construction, I strongly recommend that we initia
the proceedings necessary to have the building removed from the premises.
In its present condition the building poses a serious threat to neighboring structures. Tb
interior partition walls which would normally help to contain a fire to one room or at least
single unit have been removed. The absence of these partitions will allow a fire to involve tt
entire structure in a very short period of time, and is likely to result in damage to structurc
on adjacent property.
Although the owner has attempted to secure the building by boarding openings and fencing, the1
is evidence of intrusion and activity inside the fence perimeter. This elevates the risk of fi
incident on the premises.
- /:z4 &4A.k
MICHAEL E. SMITH
Fire Marshal
t, ; 5-17-94 ~.lorrl , e I SENT BY:CITY OF CQRLSBQD
Ta: LLIEB
Cc: RPATC From: Pat Kelley Subject: 3244 mING Public Nuisance Date: 5/17/94 Tine: 2:lSp
At tonights council Meeting staff will recommend another public hearing. The project is moving forward, albeit at a slow pace doubtful the building will be completed on May 31 a8 the owner had projected.
The contractor has been on the job each working day, although the jca progress has been minimal. The framing repairs are about 33% complet were many substandard framing methoajuncavered which are to be repla rough electrical ie about 50% complete. The plumbing and mechanical have not been starteel. Doors and windows are scheduled to be install week, as are the: ateel staira. There io an on-site man for night tin aecurity.
Evan though progress is slower than promiaed, the owner should be a1 continue taking poeitive steps to make permitted repaira. I wouldn't far as to drop the nuisance proceedings however. There are some rcpi issues which need to be addressed Lo amur8 compliance with minimum construction requixementa and to 861Ur8 further the project h comp:
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0 0 TIIE CITY COU
1 To: Ray Patchett From: Pat Kelley Subject: 3244 Harding Nuisance Matter
Date: 7/25/94 Time: 1:20p
I spoke with Rob Adato today regarding his attendance at tommorow’s Cc meeting. He very much desires to attend but may not be able to. He has business meeting that may conflict if the matter is heard early in the Council meeting. He will ask his contractor to attend, and if he cannot, he will send 1: letter detailing his schedule for completion.
Staff is recommending another continuance for approximately four weeks matter should be held open until the buildings are drywalled and plast This will afford fire protection which was removed during their initia attempt at remodeling.
CC
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