HomeMy WebLinkAbout1995-07-11; City Council; 13243; DECLARATION OF PUBLIC NUISANCE APN |2062222300|2062222400|P 0 4. CITY OF CARLSBAD - AGENDA BILL a
APN: 206-222-23-00 AND 206-222-24-00
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. 9s - 209
the conditions which exist on the property are a public nuisance and ordering the
ITEM EXPLANATION:
The purpose of this item is for the City Council to set a public hearing to db
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, Windsc
Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as:
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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 materiallj
detrimental to property or improvements located in the immediate vicinitl
of such real property; is declared to constitute a public nuisance.
Informal attempts to have the property owners remove the rusted steel framing anc
site have been unsuccessful. The property owners, Marlboroug h Development Corpc
not made any attempt to abate this alleged nuisance, despite a letter dated April 7,
that they would abate the alleged nuisance by May 4, 1995. Notice of Violation Orde
0 Page Two of Agenda B ill No. 13; 2 q 3
FISCAL IMPACT
The property owner(s) are financially responsible for abating the public nuisance. 7
any litigation to enjoin the nuisance or enforce any abatement order may be recovere
property owner(s). Cost recovery methods are described within Chapter 6.16 of tht
Municipal Code, Section 6.16.1 IO, and can be accomplished by a lien against the prc
action, or criminal action against the property owner(s).
EXHIBITS
1. Resolution No. 95-30?
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. 95-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAl CALIFORNIA THAT A PUBLIC NUISANCE EXISTS AT THE CONSTRUCT10
SITE 5200 HARBOR DRIVE, APN 206-222-23-00 AND 206-222-24-00.
WHEREAS, City Council at their meeting of Juiv 11 1995 , held a dub
public hearing and considered all evidence and testimony of anyone desiring to be hl
WHEREAS, the time limits imposed in a Notice and Order by the City’s
Official have expired; and
WHEREAS, the property is in a condition which is adverse or detrimental
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 so tha
will or may cause harm to persons, or which will be materially detrimental to PI
improvements located in the immediate vicinity of such real property; and
WHEREAS, the property is overgrown with weeds; and
WHEREAS, the site is an abandoned construction site with rusted steel framir
and stacked on site; and
WHEREAS, transients frequent the unsecured underground parking structu
WHEREAS, the conditions on the parcel constitute a public nuisance as c
Section 6.16.010 of the Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
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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 condition of the property is adverse or detrimental to the pei
safety and general welfare of the public.
4. That the property is maintained in a manner which is materially det
property and improvements in the immediate vicinity of such real property.
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5.
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7.
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 steel framinl
and stacked on the site, secure underground parking structure, repair fencing to a sec:
and remove weeds.
8. That the abatement of the nuisance shall be completed by the proper
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 fron
of adoption of this resolution that the Council will cause the abatement thereof and 1
this expense of abatement a personal obligation of the person creating, causing, co
or maintaining the public nuisance, and a personal obligation of the property OWI
subject property, and a special assessment against the subject property.
10. That if the public nuisance is not abated within 30 calendar days fron
of adoption of this resolution the City Manager is directed to abate the nuisance pi
Carlsbad Municipal Code Section 6.1 6.060.
11. That the City Manager is also authorized to collect the costs of the i
by the means described in Carlsbad Municipal Code Section 6.16.1 10 or any ot
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun
City of Carlsbad, California, held on the 11th day of JULY
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
ALETHA L. MUTE
(SEAL)
3
J3ALIIDJ.I L
May 9, 1995 CERTIFIED M
j.2 '
L+* __ -- ?-I 'Y
Marlborough Development Corp
100 Bayview Circle Ste 2000
Newport Beach Ca 92660
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner of the propelty 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 real property within the city: (2) which iT maintained so as to pc
the same to become so defective, unsightly, dangerous or in a condition of deterioration or dbrepc;
that the same will, or may cause harm to persons, or which will be materially detrimental to pro
or improvements located in the immediate vicinity of such real property; 13 declared to constiti
public nubance."
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 fi
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
EXHIE e 0 --
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April 7, 1995 \?U -
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Mr Pat Kelley
Principal Building Inspector
City of Carlsbad
2075 Las Palnias 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 o
Land Development, at (7 14) 509-4600
Thallk you for your concern in this matter
Sincerely, ?2&=---/7d
Robert Tummolo
Director of Construction
RT/j ni
IjALLlUIl -x w
City of Carkbac
r\pril 4. 1995
Marlborough Dcveloprnent
100 Bayview Circle, Suite 2000
Newport Beach, CA 92660
IVINDSOXG SIIOIUZS DEVELOPJIENT CT 53-4
Following a coiiiplaint from neigllborirlg residents, n site inspcction slio\ved that ~OL
construction site needs further attention. It is apparent that tlie underground parking structuri
are accessible to trespassers as is the perimeter site fencing. The site is also overgrown wi
wccds. ‘Ilic arc also coIiccriis about tlic coiitiiiuing visual bliglit of’ tlic rustcd stccl I-r:itning wliic
lias been in place I~OW for five years without activity on the site. I’Icasc takc steps to allevia
theseitems to preclude further action by the City.
Please have tlie perimeter site fencing permanently repaired where it has been coinpromised t
vandals and or aze. Also secure [lie underground parking structures in a inore permane
nianner. The reinforcing fabric has been easily pushed aside allowing trespassers access to ti
underground areas. Please also disassenible the steel framing and move it and a11 the other ste
framing from the deck area to the underground parking area or another covered area. This w help to arrest the further deterioration of the steel and remove the visual bli, nht which
offensive to the nci_chbors.
Thank you in advance for your anticipated cooperation in this matter. A reirispection of th
situation will bc sclicdulcd for 30 days from tlie above date to review the status of the site. Tl
City is also iriterested in your project status and scliedule as it exists in today’s econom
climrite. Plcnsc Ict iiic know what your immediate plans are for the stalled project.
---\ Pat Kelley
Principal Building Inspector
C: City Marlager
Coriiriiunity Development Director
. ._ - -- . _- -__ __ - . . . . . ..-. .- - _-. .-. - . . . . __ __. - _.__ - - - __ ___ ___. ,
2075 LC?S Pnlfl1;ls Dr. - Carlsbad. CA 92009-1 5TG - (61 9) 438-1 161 FAX (C; 19) 40;:-089
EXHIBIT 5 e 0
AGUA HEDIONDA LACOON
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