HomeMy WebLinkAbout1995-09-26; City Council; 13324; DECLARATION OF A PUBLIC NUISANCE 411 TAMARACK AVENUE APN 2060420100V
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CITY OF CARLSBAD - AGENDA BILL a
TITLE: DECLARATION OF A PUBLIC NUISANCE - DEPT. HI
CITY AT1 I CITY MG
APN 206-042-01-00 411 TAMARACK AVENUE
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DEPT. BLD
RECOMMENDED ACTION:
It has been alleged that a public nuisance exists at 411 Tamarack Avenue within
Carlsbad on the lot identified as APN 206-042-01-00. It is recommended that t
ADOPT Resolution No. q 5 - 29 6 declaring the conditions which exist on the
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
the vacant building at 411 Tamarack Avenue, APN 206-042-01-00 is a public nuisa
Formerly a single family house, the building is now vacant. The house is dilapidat
fires have damaged the bulding beyond repair. Vagrants frequent the structure as
Section 6.16.010 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, s
general welfare; or
(2) Which is maintained so as to permit the same to become so defective, UI
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 pro1
improvements located in the immlediate vicinity of such real property; is dec
constitute a public nuisance.
Section 18.06.010 of the Carlsbad Municipal Code adopts the 1991 Edition of
Housing Code. The Uniform Housing Code defines what is considered to be a
building in Section 1001. This definition in part states that a substandard buildin
building or portion thereof which is determined to be an unsafe building in accordai
of the Building Code". This definition states all building4 or structures which arc
unsafe are substandard.
The property is a vacant single family home that was partially destroyed by fire 01
September 6, 1995. The security fencing installed by the property owner at the reqi
Enforcement has not been maintained 'to keep children or transients out of the house
before it burned. The plywood has been removed from the doors and windows, ai
evidence of transients living in the gara,ge. The backyard is littered with appliances,
fire debris.
Numerous attempts to have the property owner repair or remove the structures anc
the property has been unsuccessful.
" e 0 Page 2 of Agenda Bill No. /3,,3Aq
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FISCAL IMPACT:
The property owner(s) are financially responsible for abating the violations as a public
The cost of any litigation to enjoin the nuisance or enforce any abatement ordc
recovered from the property owner(s). Cost recovery methods are described within Cl
or the Carlsbad Municipal Code, Section 6.16.110, and can be accomplished by a li
the property, civil action, or criminal action against the property owner(s).
EXHIBITS:
1. Resolution No. 45 -s?&
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 10, 1995
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RESOLUTION NO. 95 - 376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA DECLARING THE FIRE DAMAGED BUILDING AT 4-
TAMARACK AVENUE, APN 206-042-01-00 A PUBLIC NUISANCE.
WHEREAS, the City Council at their meeting of September 26, 1995, he
noticed public hearing and considered all evidence and testimony of anyone desii
heard.
WHEREAS, the building is by definition of the Carlsbad Municipal Code Sect
a substandard building and may cause harm to persons; and
WHEREAS, the time limits imposed in a Notice and Order by the City’!
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 I:
defective, unsightly, dangerous or in a condition of deterioration or disrepair so th:
will, or may cuase harm to persons, or which will be materially detrimental to F
improvements located in the immediate vicinity of such real property; and
WHEREAS, the structures have burned twice within the last two months;
WHEREAS, the site is kn6wn to be a haven for vagrants in the area; and
WHEREAS, the site is littered with appliances, clothing, and fire debris; a
WHEREAS, the structures are damaged beyond repair; and
WHEREAS, the conditions on the parcel constitute a public nuisance as
Section 6.1 6.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, by the City Council of the City of Carlsbad, Calf
hereby resolve as follows:
1.
2.
That the above recitations are true and correct.
That the City has the power at both common law and by ordinal
nuisances.
3. That the condition of the property is adverse or detrimental to the p
safety and general welfare of the public.
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4. That the property is maintained in a manner which is materially detrir
property and improvements in the immediate vicinity of such real property.
5.
6.
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 demolition and rem0
structures on the site and clean-up of all appliances, clothing, and fire debris on t
That the abatement of the nuisance shall be completed by the prope 8.
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 fror
of adoption of this resolution that the Council will cause the abatement thereof and
this expense of abatement a personal obligation of the person creating, causing, cc
or maintaining the public nuisance, and a personal obligation of the property ow
subject property, and a special assessment against the subject property.
10. That if the public nuisance is not abated within 30 calendar days fro1
of adoption of this resolution the Cnty Manager is directed to abate the nuisance F
Carlsbad Municipal Code Section 6.1 6.060.
11. That the City Manager is also authorized to collect the costs of the
by the means described in Carlsbad Municipal Code Section 6.16.1 10 or any 01
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour
City of Carlsbad, California, held on the 26th day of S EP T EMB ER
1995, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
AtTmiAiiN&m
(SEAL)
3
EXHIBIT 2 0
CITY OF OCEANSIDE
DECLARATIO
DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
W EXHIBIT 3
.. of Carlsbac
April 17, 1995 CERTIFIED MAIl
Tamarack Poverty 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 Avenuc
Assessor Parcel Number 206 042 01 00 loc<ated in the City of Carlsbad California, you a1
hereby notified that you are in violation of Carlsbad Municipal Code, Section 18.06.03(
maintaining a substandard rental unit.
The Building Official has determined that the house at 411 Tamarack Avenue is
substandard building because of the following violations of the Uniform Housing Code.
Uniform Housing Code Section:
lOOl.(b)l.
100l.(b)6.
100l.(b)13.
100l.(b)13.
lOOl.(c)7.
1001.(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 breakt
box in utility room. IJght fixtures hanging from ceiling in bedroon
and hallway.
Plumbing fixtures that drain on to the ground in the back yard not in1
the sewer system.
Evidence of roof leakage in bedrooms and hallway.
Unsanitary premises dlue to sewage running out on the ground due 1
stoppage.
Lack of smoke detector in a rental unit.
1001. (9
1001.(h)
1001.(k)
1001(m)
You are hereby ordered to be in full compliance with the provisions of Carlsbad MuniCipl
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) 438-11 61 - FAX (61 9) 438-08
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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
comply by the above referenced date.
If you have any questions regarding this notice, please contact Ray Garrison, Coc
Enforcement Officer, at 438-1 16 1 extensicin 4467.
MARTIN ORENYAJS
Community Development Director
By:
RMG
c: City Attorney
EXHIBIT 4 - 0
Rodney C. Miles Tanrarack Property Investors
Laguna Niguel, CA 92607
0
- P.0. Box 6905
714 831-1926
Date: May 11, 1995
To: Ray M. Garrison j Code Enforcement Officer City of Carlsbad
Re: 4:LI Tamarack
Memo: Thank you for your telephone call regarding my extension
request .
Thia fax represents my written extension request to remedy the
building violationa cited in your letter of April 17, 1995.
Please extend the time from May 18, 1995 to June 18, 1995
since it appears that the tenanta 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 tenants present.
Thank you. LhA a
Rodney C. Miles
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EXHIBIT 5 - 0
f Carlsbad
May 12,1995
Rodney C MiIes
Tamarack Property Investors
Po Box 6905
Laguna Niguel Ca 92607
RE: TIME EXTENSION AT 411 TAMAMCK AVENUE
I am in receipt of your fax dated May 11, 1995 requesting an time extension from May 18,
1995 until June 18,1995 in order toxemove 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
TarnarackAvenue. When repaisare camptei.eaj, please calfme at (619) 438 1161 extension
4467 to inspect the property and clear the violations,
Thank you for. your cooperation to resolve the Housing Code Violations that currently exist
at 41 1 Tamarack.
c
Ray n Y6 Co e Enforcement Officer
2075 Las Palmas Drive * Carlsbad, California 92009-1 576 * (61 9) 438-1 161
I ,,-. - ..__.._ - . ___ 0 EXHIBIT 6
Rodney C. Miles Inc. P.O. BOX 6905
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- Laguna Nlguel, CA 92607
714 831-19;!6 FAX 714 8331-1926
By PAX
Date: June 13, 1995
h, TO: Ray M. G&.son
City of Carlsbad
Memo: Regarding 411 Tamarack &we, Carlsbad, the tenantxi moved
out and shortly thereafter the house was vandalized. My insurance
company has boarded up portion8 of the house to help prevent any
further vandalism. Thus, I need additional time to make the
required repairs, T would hope that the inmrance claim can be
handled within the next 60 days and would ask for an extension
until August 18, 1995.
Thank you. 6 Rodney C. Miles +/ ,G 8 \rdJSLI
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EXHIBIT 7
I If Carlsbad
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 $&)@ a@--j-- -
afM rison
Cdde Enforcement Officer
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (619) 438-1161 FAX (61 9) 438-0894
I e EXHIBIT 8
- >f Carlsbad
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July 10, 1995
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Rodney C Miles
P 0 Box 6905
Laguna Niguel CA 92607
“E: 411 TAMARACK AVENUE, CARLSBAD
July 3, 1995 a fire of a suspicious nature was extinguished at 411 Tamarack Avenue by.
i~, 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 nunsance 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
/
/’< 1424 a+.- q
K&M. GWSON
Code Enforcement Officer
c: Community Development Director Battalion Chief Smith
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-1161 - FAX (61 9) 438-0894
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September 26, 1995
TO: MAYOR & COUNCIL MEMBERS
FROM: Bonnie
41 1 TAMARACK ISSUE ON COUNCIL AGENDA TONIGHT
Mrs. Margaret Jeffress, 548 Tamarack (729-6203) called to say that she is unable to
attend the Council meeting tonight, but that she concurs with what the City if trying t
do to abate this nuisance.
She also stated that her daughter and son-in-law concur with the City’s position on
this prope rty.... they are Patricia Jeffress and Jess Polk, who live at 546 Tamarack.
cc: City Manager
City Clerk
City Attorney
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Rodney C. Miles, Inc. c\\8
1 Allorncywll-l.~iw
I' 0 Box O(105 &/=?
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1.<1quii.1 Niqiid CA 02007
MEMORANDUM
DATE : q +r -45-
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REGARDING: yl( \ -wA C'+L&&~
MEMO :
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e Koaney c. ivliies
Laguna Niguel, CA 92607
@ P.O. Box 6905
714 831-1926
FAX 714 831-1926 ..
By FAX
Date: September 13, 1995
To: Tom Johnson
Crawford and Co.
Re: 411 Tamarack, Carlsbad
Memo: As stated to you yesterday when we met at the property,
there was another fire there which burnt down the garage.
Please measure and do whatever you need to do regarding this
matter as soon as possible so that I can clean up the area,
including the removal of the garage.
Please follow up on the payment of the lost rent.
r) I Thank you. i L<-, \/b\ w br L-< LI Rodney C. Miles
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