HomeMy WebLinkAbout1994-08-02; City Council; 12810; Declaration of Public NuisanceI
C”-Y OF CARLSBAD - AGEWA BILL
THE DECLARATION OF A PUBLIC
NUISANCE APN: 21 5-020-1 3-00
DEPT. HD.
CITY MGR.
CITY ATT
3ECOMMENDED ACTION:
It has been alleged that a public nuisance exists on vacant property on the lot identified
as APN 21 5-020-1 3-00. It is recommended that the Council ADOPT Resolution No.
?V-&L/ declaring the conditions which exist on the property are 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 objections as to
whether the vacant property identified as APN 21 5-020-1 3-00 is a public nuisance.
The property is being used as a public dump. Trash, rubbish, abandoned vehicles, and
junk are currently dumped on the property.
Section 6.16.01 0 of the Carlsbad Municipal Code defines a public nuisance as:
The existence of real property within the city:
(1 ) In a condition which is adverse or detrimental to public peace, health,
safety or general welfare; or
(2) Which is maintained so as to permit the same to become so defective,
unsightly, dangerous or in a condition of deterioration or disrepair so that the
same will, or may cause harm to persons, or which will be materially
detrimental to property or improvements located in the immediate vicinity of
such real property; is declared to constitute a public nuisance.
Indiscriminate dumping of rubbish, abandoned vehicles, and junk on this property is
detrimental to the safety and general welfare of adjacent residential properties. It
increases the risk of fire in this brushy area. Disposal of abandoned vehicles promotes
blight and deterioration, tends to reduce the property value of private property, and invites
plundering.
Informal attempts to have the property owners clean up and secure the property from
further dumping have been unsuccessful. The property owners, Carlsbad Partners Limited,
have not met any of the commitments they made to abate this alleged nuisance.
Subsequently, a Notice of Violation and Order to Remove was served on March 15, 1994
to the property owners. No further contact has been made and no corrective action has
been taken by the property owner.
Page Two of Agenda Bill No. l~:~~o
STAFF RECOMMENDATION
Staff is recommending that the City Council declare the conditions on the property a public
nuisance and that the City Council require the nuisance to be abated. Staff further
recommends that the City Council authorize the City Manager to abate the nuisance in the
event that the property owner fails to do so within 30 days.
In the event that the property owner abates the nuisance in a timely and diligent manner,
staff will report to the City Council on the progress of the abatement.
FISCAL IMPACT
The property owner(s) are financially responsible for abating the public nuisance. The cost
of any litigation to enjoin the nuisance or enforce any abatement order may be recovered
from the property owner(s). Cost recovery methods are described within Chapter 6.1 6
of the Carlsbad Municipal Code, Section 6.1 6.1 IO, and can be accomplished by a lien
against the property, civil action, or criminal action against the property owner(s).
EXHIBITS
1. Resolution No. qq-221
2.
3. Location map
Notice and Order dated March 15, 1994
:
RESOLUTION NO. 94-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA A PUBLIC NUISANCE AT VACANT PROPERTY ON EL CAMINO REAL
APN 2 1 5-020- 1 3-00.
WHEREAS, City Council at their meeting of AUR. 2 , 1994 held a duly noticec
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sublic hearing and considered all evidence and testimony of anyone desiring to be heard
3nd
WHEREAS, the time limits imposed in a Notice and Order by the City's Buildin!
3fficial have expired; and
WHEREAS, the property is in a condition which is adverse or detrimental to publil
ieace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to become sc
jefective, unsightly, dangerous or in a condition of deterioration or disrepair so that th,
iame will or may cause harm to persons, or which will be materially detrimental tc
Iroperty or improvements located in the immediate vicinity of such real property; anc
WHEREAS, the site is littered with trash, rubbish, abandoned vehicles, junk anc
iuman waste; and
WHEREAS, the conditions on the parcel constitute a public nuisance as definec
7 Section 6.16.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
:alifornia, as follows:
1. That the above recitations are true and correct.
2. That the City has the power at both common law and by ordinance to abatl
uisances.
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property.
10. That if the public nuisance is not abated within 30 calendar days from the
date of adoption of this resolution the City Manager is directed to abate the nuisance
pursuant to Carlsbad Municipal Code Section 6.16.060.
11. That the City Manager is also authorized to collect the costs of the
abatement by the means described in Carlsbad Municipal Code Section 6.16.1 10 or any
other lawful means.
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3. That the condition of the property is adverse or detrimental to the peace,
health, safety and general welfare of the public.
4. That the property is maintained in a manner which is materially detrimenta
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.
That abatement of the nuisance shall be the removal of all trash, rubbish
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abandoned vehicles, and junk on the site.
8. That the abatement of the nuisance shall be completed by the propert)
owner within 30 calendar days from the date of adoption of this resolution.
9. That if such public nuisance is not abated within 30 calendar days from the
date of adoption of this resolution that the Council will cause the abatement thereof and
will make this expense of abatement a personal obligation of the person creating,
causing, committing, or maintaining the public nuisance, and a personal obligation of the
property owner of the subject property, and a special assessment against the subject
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the 2nd day of AUGUST r
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
(SEAL)
3.
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EXHIBIT $L A*
CERTIFIED .
March 15, 1994
Carlsbad Partners Ltd.
1601 Elm Street #3900
Dallas, TX 75201
NOTICE OF MUNICIPAL CODE WOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner or occupant of the property known as parcel
number 215-020-13-00 in the City of Carlsbad, you are hereby notified that you are in
violation of Carlsbad Municipal Code, Section 6.08.120. The above referenced parcel is being
used as a dump for trash.
You are hereby ordered to be in full compliance with the provisions of the Carlsbad Municipal
Code not later than March 30, 1994. This matter will be referred to the City Attorney's Offce
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 Enforcement
Officer, at 438-1161 ext. 4467.
MARTIN ORENYAK
Community Development Director
Cod Enfohment Oficer e!
C: City Attorney
@i? 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161
_-. EXHIBIT 2
4
city of Itdabad
APN 215-020-73 1
2
July 28, 1994
ity Manager
Via: To: 4 ommunity Development Director
From: Acting Principal Building Inspector
I R3R THE INFORMATION OF 1
cc
Re: Public Nuisance Hearing for Carlsbad Partners
We received a FAX from Tom Curnes yesterday promising yet again to clean up the
property. He asked that we drop the pending hearing.
He has promised and failed many times to do this same thing. I recommend we
proceed with the hearing as scheduled. In the event they complete the clean-up by the
hearing date, we will file a report to Council dropping the matter. If the job remains
unfinished, the Council action will give them 30 days to complete the work.
' * 761-2408
*/ .I'
01 JUL 27 '94 13:38 -.
CARLSBAD PARTNERS, LTD.
2364 Thanksgiving Tower
1601 Elm Street
Dallas, TX 75201
Telephune (214) 979-9072 Fax (2'14) 754-9016
July 27, 1994
_*I ---- Mr. Ray GarrisoT\
Code Enforcement Officer
City of Carlsbad
Carlsbad, CA 92009
By Facsimile 619-438-0894
Trash Removal Citation
Re: Parcel 2 15-020-1 3-00
Dear Ray:
Thank you for your most recent communication about our lack of action on the
trash removal situation.
I am happy to report, a contractor has been engaged to do the removal. A copy of
the contract is attached. He has been requested to begin work immediately.
Please withdraw Council Resolution 94-207 for hearing on August 8, 1994.
The trespassing and unauthorized access to the property will be addressed next.
I hope this will bring us into compliance with the city's ordinance.
CARLSBAD PARTNERS LTD.
v Thomas J. Cmes
Development General Pa.rtner
TJC/esw
cc: Mr. Rinus Baak
End. Executed Contract