HomeMy WebLinkAbout1995-06-20; City Council; 13190; SETTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE APN |2062222300|2062222400|2 2 5 4 - -J 0 z 3 0 0
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2' 0 0 i*3,. CITY OF CARLSBAD - AGENDA BILL
AB# 13. 19 0 TITLE: SETTING A PUBLIC HEARING FOR THE DEPT. HI
MTG. fi --s[/ . 95 00 AND 206-222-24-00 CITY AT1
DEPT. 6LD c-f !?: I / CITY MG
DECLARATION OF A PUBLIC NUISANCE APN: 206-222-23-
RECOMMENDED ACTION:
It is alleged that a public nuisance exists on property identified as APN 206-222-23-0
222-24-00. It is recommended that the Council ADOPT Resolution No. 9<-/62,
to hear and consider all evidence and
regarding this allegation.
ITEM EXPLANATION:
The purpose of this item is for the City Council to set a public hearing to determine \r
property identified as APN 206-222-23-00 and 206-222-24-00 is a public nuisance.
The property is the abandoned construction site of Carlsbad Tract CT 83-4, Windso
Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as:
4 5- public hearing for TU L 4 Il I? ~
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 tha
the same will, or may cause harm to persons, or which will be materiall)
detrimental to property or improvements located in the immediate vicinit)
of such real property; is declared to constitute a public nuisance.
This construction project was abandoned by the owner developer, Marlborough D
Corporation. The site currently has the underground parking structure built, the I
poured, some steel framing erected and other steel framing on the ground.
Property owners adjacent to the project have complained about overgrown weeds, trai
unsightly abandoned framing. Informal attempts to have the property owners remov
steel framing and secure the site have been unsuccessful. The property owners, F
Development Corporation, have not made any attempt to abate this alleged nuisai
a letter dated April 7, 1995 stating that they would abate the alleged nuisance by F\r
Notice of Violation Order to Remove was sent on May 9, 1995 with compliance to
May 17, 1995. No corrective action has been taken by the property owner.
At the public hearing staff will present evidence to show why the conditions on i
should be declared a public nuisance and why it should be abated at the expense of
owners.
0 0 Page 2 of Agenda Bill No. / 9; IC) e,
FISCAL IMPACT
The property owner(s) are financially responsible for abating the public nuisance. -
any litigation to enjoin the nuisance or enforce any abatement order may be recoverc
property owner(s). Cost recovery methods are described within Chapter 6.16 of th
Municipal Code, Section 6.16.1 IO, and can be accomplished by a lien against the pr
action, or criminal action against the property owner(s).
It is possible that if the City causes the nuisance to be abated at the City’s expensl
recovery may be difficult. The City can only recover costs from the owners if they i
The City cannot sue the trustee directly if the property reverts to a trustee (bank).
EXHIBITS
I. Resolution No. 9r-/LA
2. Notice and Order dated May 9, 1995
3. Letter from owner dated April 7, 1995
4. Letter from Principal Building Inspector dated April 4, 1995
5. Location Map
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RESOLUTION NO. 95-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLSBAC
CALIFORNIA DECLARING THE CITY’S INTENTION TO HOLD A PUBLl HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE A CONSTRUCTION SITE 5200 HARBOR DRIVE, APN 206-222-23-00 AND 201 22 2-24-00.
WHEREAS, the conditions which exist on Assessor’s Parcel Numbers 206-2:
and 206-222-24-00 are alleged to constitute a public nuisance as defined in Title 6
6.1 6.01 0 of the 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 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 July 11,
in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California tc
whether or not the conditions on the property constitute a public nuisance and will
consider any and all evidence and objections.
5. That if a public nuisance is found to exist it will be ordered abai
expense of the property owner(s) 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 IT-
the public nuisance.
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6. That the Community Development Director of the City of Carlsbad u
this resolution to be posted according to law, and also cause the notice to be se
property owner($ and all parties that hold interest in the subject property that
Council will hold a public hearing on July 11, 1995 to determine wheth
the conditions constitute a public nuisance. Said notice shall be mailed at least ten d
to the hearing.
7. That based upon the facts presented at the public hearing, the City Coi
determine wheter or not a public nuisance exists, and if it exists the City Council \
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 COUI
City of Carlsbad, California, held on the 20th day of JUNE
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
R &RA"iE&\
(SEAL)
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EXHIBIT
May 9, 1995 CERTIFIED lb
13 ;;b
i-? ' 9 Marlborough Development Corp
100 Bayview Circle Ste 2000
Newport Beach Ca 92660 b- __--
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner of the property known as Assessor Parcel Numbers
222-23-00 and 206-222-24-00, you are hereby notified that you are in violation of Carl
Municipal Code, Section 6.16.010(2), for maintaining a public nuisance. This code section de
a nuisance as: "The existence of realproperty within the ciy: (2) Which ir maintained so as top(
the same to become so defective, unsightly, dangerous or in a condition of deterioration or dkrepi
that the same will7 or may cawe harm to persons, or which will be materially detrimental to pre
or improvements located in the immediate vicinity of such reulprupeq; Ij. declared to constitc
public nuirance. "
You are hereby ordered to be in full compliance with the provisions of Carlsbad Municipal (
no later than May 17, 1995. For you to be in full compliance you shall:
1.
2.
3.
Repair the perimeter site fencing.
Disassemble and remove all steel framing from the deck area.
Secure the underground parking so that children and transients can not play or
refuge in the under ground parking area.
This matter will be referred to The City Council for declaration of public nuisance if you f
comply by the above referenced date.
If you have any questions regarding this notice, please contact Ray Garrison, Code Enforce
Officer, at 438-1161 extension 4467.
MARTIN ORENYAK
Community Development Director
By:
c: City Attorney
City Manager
Community Development Director
Planning Director
2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 FAX (61 9) 438-08s
EXHIBIT 1
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April 7, 1995 \yd I @$[D
Mr. Pat Kelley
Principal Building Inspector
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009- 1576
Dear Mr. Kelley,
I am in receipt of your letter dated April 4, 1995, regarding the Windsong Shores development
CT834. We intend to schedule an in-house inspection of the property to determine the
scheduling and cost to repair the items mentioned in your letter. Upon completion of the
inspection, I will notify you of when this work will be completed prior to your 30-day
reinspection of the site
For information regarding the project status, please contact Mr Emile Iiaddad, Vice President 0,
Land Development, at (714) 509-4600
‘Thank you for your concern in this matter
Sincerely, BY*--pd
Robert Tummolo
Director of Construction
RT/j m
EXHIBIT 4 0
City of Car!sbac
ApKil 4, 1995
Marlborough Development
100 Bayview Circle, Suite 2000
Newport Beach, CA 92660
IVINDSONG SIIOIUZS DEVELOPAIENT CT 53-4
Following a complaint from neighboring residents, a site inspection slio\ved that yo1
construction site needs further attention. It is apparent that the underground parking structur
are accessible to trespassers as is the perimeter site fencing. Tile site is also overgrown wj
~vccds. '111~ aIe also coticenis nbuut t!~ coiitiiiuing, visual blight of' tlic I-US~C~ stccl 1'r:itiiing wiiil
has been in place iiow for five years without activity on [lie site. I'lcase take steps to alleviz
these items to preclude further action by the City.
Please have the perimeter site fencing pcrrnanently repaired where it has been coiiipromised 1
varidals and or age. Also secure the underground parking structures in a more permane
nianner. The reinforcing fabric has been easily pushed aside allowing trespassers access to t
underground areas. Please also disassemble the steel framing and move it and all the other st€
framing from the deck area to the underzround parking area or another covered area. This w
help to arrest the further deterioration of tlie steel and remove the visual blight which
offensive to tlie neighbors.
Thank you in,advance for your anticipated cooperation in this matter. A reinspection of tl
situation will bc sclicdulcd for 30 days from the above date to revicw [lie status of the site. T
City is also interested in your project status and schedule as it exists in today's econorr
climate. Please kt tile kriow what your iriiniedinte plans are for the stAled project.
---\ Pat Kelley
Principal Building Inspector
C: City Manager
Coriirriuni ty Developriient Director
...- __ . __ ____ ___ . . . . . . ..-. .-- _-. ._ - . . . . .__ __ .. ____ -- - - __ -..- ___-. . 2075 Las Pnlriias Dr. - Carlsbad, CA 92009-1 57G - (61 9) 43L3-1 161 - FA?( (G 1:)) 43:3-()€35
EXHIBIT 5 0 0
AGUA HEDIONDA LAGOON
@
WINDSONG SHORES
206-222-23 & 24