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Home My WebLink About1996-01-16; City Council; 13475; SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 2637 JEFFERSON STREETDECLARATION OF A PUBLIC NUISANCE AT 2637 JEFFERSON STREET; APN: 155-1 70-25-00 RECOMMENDED ACTION: It is alleged that a public nuisance exists at 2637 Jefferson Street on the lot identi 155-1 70-25-00. It is recommended that the Council ADOPT Resolution No. “11 setting a public hearing for to hear and consider all e’ objections regarding this allegation. ITEM EXPLANATION: The purpose of this item is for the City Council to set a public hearing to determ the property identified as 2637 Jefferson Street, APN 155-1 70-25-00 is a publi The property is a vacant house with a swimming pool and cabana. The house, p and backyard are all open and show evidence of being vandalized, and show transients using the house, pool, cabana and garage. In addition, there is eviden have been lit in the garage. Section 6.1 6.010 of the Carlsbad Municipal Code defines a public nuisance as: a - 4 - 9 6 The existence of real property within the City: (I) 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, 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 prof improvements located in the immediate vicinity of such real property; is dec constitute a public nuisance. P 0 E a. The property owner’s refusal to maintain the property secured from transients i along with the failure to cleanup debris promotes blight and deterioration, tends tc property values of private property, and invites plundering. Numerous attempts to have the property owner repair, remove or permanentl) structure, and clear debris from the property have been unsuccessful. At the public hearing staff will present evidence to show why the conditions on 1 3 2 e /$ $75- Page 2 of Agenda Bill PJ4$+35 0. 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 recove property owner(s). Cost recovery methods are described within Chapter 6.16 of ti Municipal Code, Section 6.16.1 IO, and can be accomplished by a lien against the p action, or criminal action against the property owner(s). EXH I BITS : 1. Resolution No. ? 6 - 23 2. Location Map 3. Notice and Order dated November 15, 1995 (Returned attempted not known) 4. Notice and Order dated December 19, 1995 (Sent to PO Box address as given Linda Mendoza). ! 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. 96-23 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 PUBLIC NUISANCE AT 26: WHEREAS, the conditions which exist at 2637 Jefferson Street, Assessot Number 155-1 70-25-00 are alleged to constitute a public nuisance as defined it Section 6.16.010 of the Carlsbad Municipal Code; and JEFFERSON STREET, APN 155-1 70-25-00. 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 ordinancl nu i san ces. 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 February 6 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California t whether or not the conditions on the property described as 2637 Jefferson Street a public nuisance and will hear and consider any and all evidence and objectioi That if a public nuisance is found to exist it will be ordered ab: 5. expense of the property owner(s) and such expense shall become a lien a assessment against property and a personal obligation of the property owner main public nuisance. 6. That the Community Development Director of the City of Carlsbad this resolution to be posted according to law, and also cause the notice to be property owner(s) and all parties that hold interest in the subject property th Council will hold a public hearing February 6, 1996 to determine not the conditions constitute a public nuisance. Said notice shall be mailed at le prior to the hearing. - f 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 7. That based updn the facts presented at the public hearing, the City Co determine whether or not a public nuisance exists, and if it exists the City Council 7 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 16th day of JANUARY by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Citi/ Clerk (SEAL) e 2 a (I PROJECT NAME 2637 JEFFERSON STREET I APN 155-170-25 > .. November 15, 1995 CERTIFIED 1 Anselmo Mendoza Linda J. Mendoza 2711 Harriet Street Qceanside CA 92056 IJATIGN PLEASE TAKE NOTICE: As the owner of the property located at 2637 Jefferson S Assessor Parcel Number 155-170-25-00, located in the City of Carlsbad, California, yi hereby notified that you are in violation of Carlsbad Municipal Code, Section 6.16.01 maintaining a public nuisance. This property is being maintained in a condition which is adverse or detrimental to 1 peace, health, safety and general welfare and is being maintained so as to permit the to become so defective, unsightly, dangerous or in a condition. of deterioration or disi to property or improvements located in the immediate vicinity of such real property You are hereby ordered to bring the property into compliance with all applicabie C Carlsbad Municipal and Building Codes within seven days of receipt of this notice. F to do so will result in the matter being referred to the City CopJilcil f~p. a formal declai of a public nuisance. Please contact me at (619) 438-1161 ext. 4213, so we may discuss a mutually agrc resolution to the existing problem. Thank you for your immedkte attention to this II Sincerely, so that the same will, or may, cause harm to persons, or which will be materially detrin ,.' LiJ ji I' (1 ( ( hy ,=, GENE R. KELLOGG Code Enforcement Officer GRK:rs at tachmen t 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 0 FAX (61 9) ~138- -=? ’\ \ * December 19, 1995 CERTIFIED MA Anselmo Mendoza Linda J. Mendoza P. 0. Box 2061 Carlsbad CA 92008 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 2637 Jefferson Strc Assessor Parcel Number 155-170-25-00, located in the City of Carlsbad, California, you hereby notified that you are in violation of Carlsbad Municipal Code, Section 6.16.010, maintaining a public nuisance. This property is being maintained in a condition which is adverse or detrimental to PU peace, health, safety and general welfare and is being maintained so as to permit the si to become so defective, unsightly, dangerous or in a condition of deterioration or disre so that the same will, or may, cause harm to persons, or which will be materially detrime to property or improvements located in the immediate vicinity of such real property. You are hereby ordered to bring the property into compliance with all applicable Cit Carlsbad Municipal and Building Codes within seven days of receipt of this notice. Fai to do so will result in the matter being referred to the City Council for a formal declara of a public nuisance. Please contact me at (619) 438-1161 ext. 4213, so we may discuss a mutually agree( resolution to the existing problem. Thank you for your immediate attention to this ma Sincerely, /$--E& GENE R. KELLOGG f Code Enforcement Officer GRKrs attachment 2075 Las Palrnas Dr. - Carlsbad, CA 92009-1576 (619) 438-1161 - FAX (619) 438-0