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Home My WebLink About1996-01-23; City Council; 13490; SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 1685 CHESTNUT AVENUEDECLARATION OF A PUBLIC NUISANCE AT 1685 CHESTNUT AVENUE; APN: 205-220-26-00 RECOMMENDED ACTION: It is alleged that a public nuisance exists at 1685 Chestnut Avenue on the lot i( APN 205-220-26-00. It is recommended that the Council ADOPT Resolution No objections regarding this allegation. ITEM EXPLANATION: The purpose of this item is for the City Council to set a public hearing to determi the property identified as 1685 Chestnut Avenue, APN 205-220-26-00 is a publi The property is a house and concrete storage building. The front and side yard a storage yard for two large commercial trucks, cars, and pick-up trucks in varioL repair. The area behind the house and the side of the house is littered with ji rubbish and weeds. Section 6.16.01 0 of the Carlsbad Municipal Code defines a public nuisance as: setting a public hearing for fEaRu ,~RY The existence of real property within the City: (1) In a condition which is adverse or detrimental to public peace, health, SE general welfare; or (2) Which is maintained so as to permit the same to become so defective, un. 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 propc improvements located in the immediate vicinity of such real property; is decl constitute a public nuisance. trucks, cars rubbish, debris from the property have been unsuccessful. At the public hearing staff will present evidence to show why the conditions on tF I- o a G -I z 3 0 0 0 q I Page 2 of Agenda Bill 0. / 3 3 5 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 recc the property owner(s). Cost recovery methods are described within Chapter Carlsbad Municipal Code, Section 6.1 6.1 IO, and can be accomplished by a lien property, civil action, or criminal action against the property owner(s). EXHIBITS: 1. Resolution No. ?he- 36 c 2. Location Map 3. Notice and Order dated November 21, 1995. 4. Letter from Deputy City Attorney dated October 13, 1993. 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. 96-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA DECLARING THE CITY’S INTENTION TO HOLD A PUB1 HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 16 CHESTNUT AVENUE, APN 205-220-26-00. WHEREAS, the conditions which exist at 1685 Chestnut Avenue, Assessc Number 205-220-26-00 are alleged to constitute a public nuisance as defined i Section 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 ordinanc nuisances. 3. That the City Council has established procedures for the abatemen1 nuisances within the City limits. 1 4. That the City Council will hold a public hearing on February 1 in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California whether or not the conditions on the property described as 1685 Chestnut Avenur a public nuisance and will hear and consider any and all evidence and objectic That if a public nuisance is found to exist it will be ordered ab expense of the property owner(s) and such expense shall become a lien i assessment against property and a personal obligation of the property owner mair pu bl ic nuisance. 6. 5. . That the Community Development Director of the City of Carlsbac 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 tl Council will hold a public hearing February 13 I 1996 to determine not the conditions constitute a public nuisance. Said notice shall be mailed at IC prior to the hearing. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -I6 17 18 19 20 21 22 23 24 25 26 27 28 7. That based upon the facts presented at the public hearing, the City Cc determine whether 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 tht owner($. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cou City of Carlsbad, California, held on the 23rd day of JANUARY by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: Lt&tLR.- ALETHA L. RAUTENKRANZ, City Clerk1 (SEAL) 2 0 0 EX H I B I T "2 " CITY OF OCEANSIDE EXH I B I T "3" November 21, 1995 CERTIFIED M James H Ross 6635 Cardale Street Lakewood CA 90713 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 1685 Chestnut Ave Municipal Code Sections: 21.10.010 21.44.060 (4) 21.44.060 (3) 6.08. & 6.12 10.52.010 Carlsbad California, you are hereby notified that you are in violation of the following Carl Illegally operating a vehicle storage yard in a residential zone Parking of large commercial vehicles in residential zone Parking of more than two inoperable vehicles on residential property parking of inoperable vehicles that are not screened from view The property contains rubbish, debris, junk and weeds Parking of inoperable vehicles is declared a public nuisance You are hereby ordered to be in full compliance with the provisions of Carlsbad Municipal ( no later than December 31,1995. For you to be in full compliance you shall: 1. 2. 3. 5. Cease using the property as a vehicle storage yard. Remove all large commercial vehicles from the property. Remove all inoperable vehicles from the property. Remove all inoperable vehicles from the property. 4. Remove all rubbish, debris, junk and weeds from the property. This matter will be referred to the City Council for declaration of a public nuisance if you fi cornpb by the above referenced date. When the City Council declares a property a public nuis they set a date for the property to cleaned. If the property is not cleaned by that date, the Ciq have the property cleaned the cost is assessed against the property owner. If you have any questions regarding this notice, please contact Ray Garrison, Code Enforce] Officer, at 438-1161 extension 4467. MARTIN ORENYAK c: City Attorney 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 * (61 9) 4-38-11 61 - FAX (61 9) 438-C - 1 -I Id -a-- 4 e b- Q 0 - ( CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CALIFORNIA 92008-1 989 (619) 434-2891 FAX: (619) 434-8367 RONALD R. BALL CIlY AVORNEY October 13, 1993 KAREN J, HIRATA DEPUTY CITY AITORNEY Mr. James H. Ross 6635 Cardale Street Lakewood, California 90713 RE: 1685 CHESTNUT AVENUE, CARLSBAD Dear Mr. Ross: On May 20, 1993, the code enforcement officer sent you a lei stating that you are in violation of several sections of Carlsbad Municipal Code. On June 17, 1993, the code enforce] officer sent you another letter ordering you to comply by June 1993. You have ignored these notices and the matter has I referred to me for prosecution. These violations of the Carlsbad Municipal Code are crim offenses. They are infractions punishable by fines up to $100 the first violation. The penalty for a second violation within year is $200 and a third violation may result in a fine up to $ The fourth and each additional violation of the same ordin( within one year is a misdemeanor and is punishable by a fine u $1,000 or imprisonment up to six months, or both. Each and every day during which a violation of the municipal is committed, continued or permitted is a separate offe punishable by a separate fine. These fines are in addition to other and can add up to a significant amount if the violatio continued. The policy of the city is to seek voluntary compliance with municipal code whenever possible. However, when a person conti to ignore the law, the policy is to file a criminal complaint. has been two and a half years since I first contacted you a this problem. The city staff and I have been very patient with and given you extensions of time in order to allow yoc voluntarily comply with the city ordinances. However, you taken advantage of our generosity and not taken care of problem. The situation has become intolerable. The property is illeg used as a vehicle storage lot in violation of Carlsbad Munic Code section 21.10.010. Commercial vehicles are illegally pa there in violation of Carlsbad Municipal Code sec 21.44.060(e)(4). The property contains rubbish, debris, junk . e - 8 ! weeds in violation of Carlsbad Municipal Code Chapters 6.08 6.12. There are dismantled and inoperable vehicles on the prope in violation of Chapter 10.52 of the municipal code. The prope is in such a state of deterioration that it is a public nuisance defined in Carlsbad Municipal Code Chapter 6.16. Your failure to deal with these problems is grossly unfair to y neighbors. They are forced to live next to this property. T office and the code enforcement department have given you more t enough time to remedy this situation. I will give you one 1 chance to comply with city ordinances before I file crimi charges. I will delay filing charges if you present me wit concrete and fast-paced schedule of actions which you will take bring this property into compliance. Temporary solutions will not be acceptable. The city will conti to hold you accountable for the condition of the property at times. If you clean it up and the property falls out of complia again, I will file charges immediately. If you do not present with a schedule of compliance by November 1, 1993, I will be for to file charges. If you do present me with a schedule, and fail meet any of the described dates of compliance, I will Zile char immediately. Very truly yours, /L d f+-- KAREN J. HIRATA 0- Deputy City Attorney afd c: Code Enforcement Officer