HomeMy WebLinkAbout1994-07-19; City Council; 12786; SETTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE APN 2150201300<,e LB
SETTING A PUBLIC HEARING FOR
THE DECLARATION OF A PUBLIC
It is alleged that a public nuisance exists on vacant property on the lot identified
21 5-020-1 3-00. It is recommended that the Council ADOPT Resolution No. &
setting a public hearing for to hear and consider all e
and objections regarding this allegation.
ITEM EXPLANATION
The purpose of this item is for the City Council to set a public hearing to de
whether the vacant property identified as APN 21 5-020-1 3-00 is a public nuisa
The property is being used as a public dump. Trash, rubbish, abandoned vehic
junk are currently dumped on the property.
Section 6.16.01 0 of the Carlsbad Municipal Code defines a public nuisance as:
8 - 2- 9 y
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 that tl
same will, or may cause harm to persons, or which will be materia
detrimental to property or improvements located in the immediate vicinity
such real property; is declared to constitute a public nuisance.
Indiscriminate dumping of rubbish, abandoned vehicles, and junk on this prc
detrimental to the safety and general welfare of adjacent residential prope
increases the risk of fire in this brushy area. Disposal of abandoned vehicles r
blight and deterioration, tends to reduce the property value of private property, ai
Informal attempts to have the property owners clean up and secure the propc
further dumping have been unsuccessful. The property owners, Carlsbad Partner:
have not met any of the commitments they made to abate this alleged I
Subsequently, a Notice of Violation and Order to Remove was served on March
been taken by the property owner.
0 0
Page Two of Agenda Bill No. /A+, .7 g $2
FISCAL IMPACT
The property owner(s) are financially responsible for abating the public nuisance. 7
of any litigation to enjoin the nuisance or enforce any abatement order may be re(
from the property owner(s). Cost recovery methods are described within Chapt
of the Carlsbad Municipal Code, Section 6.16.1 IO, and can be accomplished b
against the property, civil action, or criminal action against the property owner((
EXHIBITS
1. Resolution No. ?Y P
2.
'-407
Notice and Order dated March 15, 1994
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RESOLUTION NO. 94-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAI
CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUBLIC 1
ON THE ABATEMENT OF A PUBLIC NUISANCE AT VACANT PROPERT
CAMINO REAL APN 21 5-020-1 3-00.
WHEREAS, the conditions which exist on Assessor's Parcel Number 21 5
00 are alleged constitute a public nuisance as defined in Title 6, Section 6.16.C
Carlsbad Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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 ordinanc
nuisances.
3. That the City Council has established procedures for the aba.
certain nuisances within the City limits.
4. That the City Council will hold a public hearing on August 2
1994 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad,
to consider whether or not the conditions on the property described in E
constitute a public nuisance and will hear and consider any and all evi
objections.
5. That if a public nuisance is found to exist it will be ordered ab
expense of the property owner(s) and/or the persons causing or maintaining tt
and such expense shall become a lien and special assessment against pro[
personal obligation of the property owner and the persons creating, causing,
or maintaining the public nuisance.
....
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6. That the Community Development Director of the City of Carl:
cause this resolution to be posted according to law, and also cause the notice tc
to the property owner(s) and all parties that hold interest in the subject propert)
City Council will hold a public hearing on August 2 , 1994 to d
whether or not the conditions constitute a public nuisance. Said notice shall I
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 Cit
will order that the public nuisance be abated at the expense of the person(s) (
and the property owner(s).
PASSED, APPROVED AND ADOPTED at a regular meeting of the City (
J day of the City of Carlsbad, California, held on the
1994, by the following vote, to wit:
19th
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALTi wiiTE
(SEAL)
2.
LAS~~YI. n
city of Carlsbai
APN 215-020-13
* EXHIBIT 2.- 0 0
e
CERTIFIEI
March 15, 1994
Carlsbad Partners Ltd.
1601 Elm Street #3900
Dallas, TX 75201
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner or occupant of the property known as parcc
number 215-020-13-00 in the City of Carlsbad, you are hereby notified that you are i
violation of Carlsbad Municipal Code, Section 6.08.120. The above referenced parcel is bein
used as a dump for trash.
You are hereby ordered to be in full compliance with the provisions of the Carlsbad Municip(
Code not later than March 30, 1994. This matter will be referred to the City Attorney's Offic
for legal action if you fail to comply by the above referenced date.
If you have any questions regarding this notice, contact Ray Garrison, Code Enforceme]
Officer, at 438-1161 ext. 44-67.
MARTIN ORENYAK
C: City Attorney
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 (61 9) 438-1 1 t