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Home My WebLink About1995-02-14; City Council; 13020; SETTING A PUBLIC HEARING FORDECLARATION OF PUBLIC NUISANCE APN 2550111300z c $3 f& -3- a z Dm 4 z 0 F 0 a d 8 z 3 r- CI-P)OF CARLSBAD - AGE* BILL DEPT. AB # '?NO TITLE: SETTING A PUBLIC HEARING FOR MTG. A-/4-4;5 THE DECLARATION OF A PUBLIC CITY 1 DEPT. BLD NUISANCE APN: 255-01 1-13-00 CITY I RECOMMENDED ACTION: It is alleged that a public nuisance exists on vacant property on the lot identified as A 01 1-1 3-00. It is recommended that the Council ADOPT Resolution No. cf 5 - 3 setting a public hearing for Mfii? ai 7 1995 to hear and consider all evidc objections regarding this allegation. ITEM EXPLANATION The purpose of this item is for the City Council to set a public hearing to determine the vacant property identified as APN 255-01 1-1 3-00 is a public nuisance. The property is being used as a public dump. Trash, rubbish, used appliances, and currently dumped on the property. Section 6.1 6.01 0 of the Carlsbad Municipal Code defines a public nuisance as: The existence of real property within the city: (1) In a cpdition 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 defectij unsightly, dangerous or in a condition of deterioration or disrepair so that t 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, and junk on this property is detrimental to the 5 general welfare of adjacent residential properties. It increases the risk of fire in tt- area. Disposal of appliances promotes blight and deterioration, tends to reduce thc value of private property, and invites plundering. Informal attempts to have the property owners clean up and secure the property frc dumping have been unsuccessful. The property owners, Carlsbad Partners Limited made any attempt at all to abate this alleged nuisance. Subsequently, a Notice of and Order to Remove was served on January 4, 1995 to the property owners. 1 contact has been made and no corrective action has been taken by the property At the public hearing staff will present evidence to show why the conditions on thc should be declared a public nuisance and why it should be abated at the expe property owners. I 0 0 Page Two of Agenda Bill No. /3, 03- 0 FISCAL IMPACT The property owner(s) are financially responsible for abating the public nuisance. of any litigation to enjoin the nuisance or enforce any abatement order may be re from the property owner($. Cost recovery methods are described within Chapter 6.- Carlsbad Municipal Code, Section 6.1 6.1 10, and can be accomplished by a lien ag property, civil action, or criminal action against the property owner(s). EXHIBITS 1. Resolution No. 9 5 c 3 6 2. 3. Location Map Notice and Order dated January 4, 1995 Ty 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 - RESOLUTION NO. 95 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUBLI HEARING ON THE ABATEMENT OF A PUBLlC NUISANCE AT VACAF PROPERTY ON EL CAMINO REAL APN 255-011-13-00. WHEREAS, the conditions which exist on Assessor's Parcel Number 255-01 1 - alleged constitute a public nuisance as defined in Title 6, Section 6.1 6.010 of the 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 ordinancc nuisances, 3. That the City Council has established procedures for the abatement nuisances within the City limits. 4. That the City Council will hold a public hearing on March 7. 1995 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, Ca consider whether or not the conditions on the property described in Exhibit "A" cc public nuisance and will hear and consider any and all evidence and objections. That if a public nuisance is found to exist it will be ordered aba expense of the property owner($ and/or the persons causing or maintaining the nui such expense shall become a lien and special assessment against the property and obligation of the property owner and the persons creating, causing, committing or n the public nuisance. .... .... .... .... .... 5. 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 6. That the Community Development Director of the City of Carlsbad CI this resolution to be posted according to law, and also cause the notice to be se property owner(s) and all parties that hold interest in the subject property that Council will hold a public hearing on March 7 ~ 1995 , 1995 to determine or not the conditions constitute a public nuisance. Said notice shall be mailed at days prior to the hearing. 7. That based upon the facts presented at the public hearing, the City COI determine whether or not a public nuisance exists, and if it exists the City Council c that the public nuisance be abated at the expense of the person(s) creating it and the owner(s). PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour City of Carlsbad, California, held on the 14th day of FEBRUM 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETH$?+~RAUTENKRANZ, City Clerk ) (SEAL) 2 0 a EXHIBIT ,”_. .. - ---\ .-- ._.--- LOCATION MAP APN 255-011-13-00 e 8 EXHIBIT 2 January 4,1995 CERTIFIEDMAI Carlsbad Partners Thomas J Cwnes 2364 Thanksgiving Tower 1601 Elm Street Dallas TX 75207 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property known as Assessor Parc Number 255-011-13-00 in the City of Carlsbad, you are hereby notified that you are i violation of Carlsbad Municipal Code, Section 6.08.120, for the operation of a pub1 dump without permits and permitting your property to be used as a public dump. You are hereby ordered to be in full compliance with the provisions of the Carlsba Municipal Code no later than January 19,1995. For you to be in full compliance yo shall remove all garbage, junk, furniture, appliances and yard trimmings from tl- property. You shall also secure the property to prevent continued use of this propert being used as a public dump. This matter will be referred to City Council to be declare a public nuisance according to Carlsbad Municipal Code, Section 6.16.020 if you fail i comply by the above referenced date. If you have any questions regarding this notice, contact Ray Garrison, Code Enforcemei Officer, at 438-1161 extension 4467. MARTIN ORENYAK Community velopment Director By: /f& J,ll L " j<7 ?~/ - 1 RAY p. G~XR~SON Cod4 Enforcement Officer c: City Attorney Assistant Planning Director 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 16-