HomeMy WebLinkAbout1995-09-05; City Council; 13286; SETTING A PUBLIC HEARING FOR DECLARATION OF A PUBLIC NUISANCE 411 TAMARACK AVENUE APN 2060420100,? ;"
,,P G 9 'CITY OF CARLSBAD - AGEnDA BILL
DECLARATION OF A PUBLIC NUISANCE AT 411
TAMARACK AVENUE, APN: 206-042-01-00
RECOMMENDED ACTION:
It is alleged that a public nuisance exists at 41 1 Tamarack Avenue on the lot identific
206-042-01-00. It is recommended that the Council ADOPT Resolution No. YS3.29
a public hearing for September 26, 1995 to hear and consider all evidence and
regarding t h is a Ileg a tion.
ITEM EXPLANATION:
The purpose of this item is for the City Council to set a public hearing to determine VI
property identified as 41 1 Tamarack Avenue, APN 206-042-01-00 is a public nuisan
The property is a vacant single family home that was partially destroyed by fire on JL
The security fencing installed by the property owner, at the request of Code Enforcc
not been maintained to keep children and/or transients out of the house and ga
plywood has been removed from the doors and windows, and there is evidence oi
living in the garage. The backyard is littered with appliances, clothing and fire debri
Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as:
The existence of real property within the City:
(I) In a condition which is adverse or detrimental to public peace, health, si
general welfare; or
(2) Which is maintained so as to permit the same to become so defective, ur
dangerous or in a condition of deterioration or disrepair so that the same will,
cause harm to persons, or which will be materially detrimental to prop
improvements located in the immediate vicinity of such real property; is decl
constitute a public nuisance.
The property owner's reluctance to maintain the property secured from transients 2
along with the failure to cleanup debris, appliances and clothing promotes
deterioration, tends to reduce the property values of private property, and invites 1
Numerous attempts to have the property owner repair, remove or permanently
structures, and clear all debris from the property have been unsuccessful.
1$ e Page 2 of Agenda Bill 0. /$dJ%!
FISCAL IMPACT:
The property owner(s) are financially responsible for abating the public nuisance. T
any litigation to enjoin the nuisance or enforce any abatement order may be recoverec
property owner(s). Cost recovery methods are described within Chapter 6.16 of the
Municipal Code, Section 6.16.1 IO, an can be accomplished by a lien against the pro
action, or criminal action against the property owner(s).
EXHIBITS:
1. Resolution No. yfiad/
2. Location Map
3. Notice and Order dated April 17, 1995
4. Fax request for time extension from property owner, dated May 11, 1995
5. Letter granting time extension to make repairs, dated May 12, 1995
6. Fax request from property owner for more time to make repairs, dated June 13,
7. Letter granting extension, dated June 14, 1995
8. Letter to property owner informing him of fire and requiring the property be sea
July IO, 1995
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RESOLUTION NO. 95-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA DECLARING THE CITY’S INTENTION TO HOLD A PUBLI HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 41
Whereas, the conditions which exist at 41 1 Tamarack Avenue, Assessor’
Number 206-042-01-00 are alleged to constitute a public nuisance as defined in
Section 6.16.010 of the Carlsbad Municipal Code; and
TAMARACK AVENUE, APN 206-042-01-00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
California, as follows:
I.
2.
That the above recitations are true and correct.
That the City has the power at both common law and by ordinance
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 September 26
in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California t(
whether or not the conditions on the property described as 411 Tamarack Avel
constitute a public nuisance and will hear and consider any and a1 -----------
and objections.
5. That if a public nuisance is found to exist it will be ordered aba
expense of the property owner(s) and such expense shall become a lien ai-
assessment against property and a personal obligation of the property owner main
public nuisance.
6. That the Community DeveltJpment Director of the City of Carlsbad
this resolution to be posted according to law, and also cause the notice to be
property owner($ and all parties that hold interest in the subject property th(
Council will hold a public hearing
not the conditions constitute a public nuisance. Said notice shall be mailed at le;
prior to the hearing.
September 26, 1995 to determine
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7. That based upon the facts presented at the public hearing, the City Co
determine whether or not a public nuisance exists, and if it exists the City Cpuncil
that the public nuisance be abated at the expense of the person(s) creating it and thc
owner($.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coui
5th City of Carlsbad, California, held on the day of S e p t emb e r
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
2
EXHIBIT 2
EXH I BI 1
April 17, 1995 CERTIFIED MAIL
Tamarack Porperty Investors
00 Rodney C Miles
Po Box 6905
Laguna Niguel Ca 92607
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE OR REPAIR
PLEASE TAKE NOTICE: As the owner of the property located at 411 Tamarack Avenue
Assessor Parcel Number 206 042 01 00 located in the City of Carlsbad California, you art
hereby notified that you are in violation of Carlsbad Municipal Code, Section 18.06.030
maintaining a substandard rental unit.
The Building Official
substandard building because of the following violations of the Uniform Housing Code.
Uniform Housing Code Section:
has determined that the house at 411 Tamarack Avenue is I
1001.(b)l.
100l.(b)6.
lOOl.(b)13.
lOOl.(b)l3.
lOOl.(c)7.
100 1. (e)
Bathtub in front bathroom is plugged up and does not drain.
Lack of operational heater in the house. Holes in the walls in front bathroom, tub/shower.
Holes in ceiling in living room, entry hall and bedrooms.
Sagging ceilings entry, and sagging facia on west side of house.
Hazardous electrical wiring, romex wire from house to garage wit
open splice, open to weather. Missing dead front on electrical breake
box in utility room. Light fixtures hanging from ceiling in bedroon:
and hallway.
Plumbing fixtures that drain on to the ground in the back yard not int
the sewer system.
Evidence of roof leakage in bedrooms and hallway.
Unsanitary premises due to sewage running out on the ground due t
stoppage.
Lack of smoke detector in a rental unit.
1001.(f)
1001.(h)
1001.(k)
1001(m)
You are hereby ordered to be in full compliance with the provisions of Carlsbad Municip
Code no later than May 18,1995. For you to be in full compliance you shall either:
2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 (61 9) 438-1 161 - FAX (61 9) 438-08
0 0
repair all of the above items or; vacate and secure the property with in thirty da!
of receipt of this notice.
This matter may be referred to the City Attorney’s office for legal action if you fail 1
comply by the above referenced date.
If you have any questions regarding this notice, please contact Ray Garrison, Coc
Enforcement Officer, at 438-1 161 extension 4467.
MARTIN ORENYAK
Community Development Director
By:
RMG.
c: City Attorney
EXHIBIT 4 m
Rodney C. Miles Tamarack Property Investors
P.O. Box 6905 Laguna Niguel, CA 92607
0
714 831-1926
Date: May 21, 1995
To: Ray M. Garriaon i Code Enforcement Officer City of Carlsbad
Re: 4111 Tamarack
Memo: Thank you for your telephone call regarding my extension
requaot .
Thia fax represents my written extension request to remedy the
building violations cited in your letter of April 17, 1995.
Please extend the time from May 18, 1995 to June 18, 1995
since it appeara that the tenants will be evicted by the end of
this month and they have not: ca-operated with trades-people
I have asked to fix things. My people will not return there
with the tenanta present. 'L+L~f Thank you. \J
Rodney C. Miles
1
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EXHIBIT 5
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May IZ, 1995
Rodney C MiIes
Tamarack Property Investors
Po Box 6905
Laguna Niguel Ca 92607
RE: TIME EXTENSION AT 411 TAMARACK AVENUE
I am in receipt of your fax dated May 11,1995 requesting an time extension horn May 18,
1995 until June 18,1995 in order taremove the current tenants and make repairs. This is.
to inform you that you may have until June 18,1995 to make repairs to your property at 411
TamarackAvenue. When repairsare compieted, please dme at (619) 438 1161 extension
4467 to. inspect the propelty and clear the violations,
Thank you for your cooperation to resolve the Housing Code Violations that currently exist
at 411 Tamarack.'
Sinc e c
Ray Co FF e Enforcement G * n Officer
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161
rnuti . ~ULI~KF L IIILL4 __ - -__.
EXHIBIT 6
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Rodney C. Miles Inc. P.O. Box 6905 Laguna Niguel, CA 92607
@
714 833-1926 FAX 714 831-1926
By FAX
Date: June 13, 1995
To: Ray M. Garrieon
Memo: Regarding 411 Tamarack Ave, Carlsbad, the tenante moved
out and shortly thereafter the house was vandalized. My inaurance
company has boarded up portion8 of the house to help prevent any
further vandalism. Thus, I need additional time to make the
required repairs. I would hope that the insurance claim can be
handled within the next 60 days and would ask for an extension
until August 18, 1995.
Thank you.
City of Carlsbad
bJ+- Rodney C. Milea +/ Pb 8 pRU
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EXHIBIT 7
June 14, 1995
Rodney C Miles
Po Box 6905
Laguna Niguel CA 92607
RE: 411 TAMARACK AVENUE
I am in receipt of your fax of June 13, 1995, in which you requested an extension of time
to make repairs to the house. This request is granted on the following conditions:
1. The house and all accessory structures must be permanently secured to
prevent vandals and transients from occupying the house and accessory
structures on the property.
The. electrical service is turned off.
The property remains posted as uninhabitable until repairs are made and the
dwelling is approve for occupancy.
2.
3.
If you have any further questions please do not hesitate to call me at 438 1161 extension
4467
sincq
&i@ 0 -
afM rison
Cdde Enforcement Officer
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (61 9) 438-11 61 FAX (61 9) 438-0894
EXHIBIT a
July 10, 1995
Rodney C Miles
P 0 Box 6905
Laguna Niguel CA 92607
QE: 411 TAMARACK AVENUE, CARLSBAD
July 3, 1995 a fire of a suspicious nature was extinguished at 411 Tamarack Avenue by
~LL Carlsbad Fire Department.
The Building Official has determined that after the fire, the building is now in violation of
Carlsbad Municipal Code Section 18.06.030 and Chapter 10 Section 1001 of the Uniform
Housing Code. Please secure the property with fencing on or before July 17, 1995, so that
the property does not become an attractive nuisance to children or transients, or remove the
structure and all debris from the property. To remove the structure, you must secure a
demolition permit.
If you have any questions regarding the Fire Report please call Battalion Chief Mike Smith
at (619) 931-2121.
Sincerely
i / $1424 -$&+L-J -!A
K&M. GMSON
Code Enforcement Officer
c: Community Development Director
Battalion Chief Smith
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894