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Home My WebLink About1996-02-06; City Council; 13502; SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 3286 HIGHLAND DRIVE1, a '5- '4 :$ hp? 3- ji2.a 9 IC; .. z 0 E 4 5 -I 2 3 0 0 m- CITY OF CARLSBAD - AG DA BILL DEPT. t AB# I,? so "b MTG. $, -6 H?h CITY A1 DEPT. BLD CITY Mc I) 2P TITLE: SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 3286 HIGH LAND DRIVE; APN: 205-060-04-00 RECOMMENDED ACTION: It is alleged that a public nuisance exists at 3286 Highland Drive on the lot identii 205-060-04-00. It is recommended that the Council ADOPT Resolution No. clio - setting a public hearing for FED @UAR Y d 0 /99 6 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 determine property identified as 3286 Highland Drive, APN 205-060-04-00 is a public nuisanc The property is an older house on a lot of approximately fourteen thousand squar property is owned by Mrs. Audrey B. Miller. Mrs. Miller is being taken care of by Dan McClure. The lot is littered with rubbish, debris, junk, house hold waste, WE excess sixteen vehichels. Some of the vehicles are operational, however, most are In addition, several transients visit or live in the vehicles on the property. Mr. McC operating an auto body shop on this property 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 pror improvements located in the immediate vicinity of such real property; is dec constitute a public nuisance. The property owner's refusal to maintain the property secured from transients and cl with the failure to cleanup debris promotes blight and deterioration, tends to reduce values of private property, and invites plundering. Numerous attempts to have the property owner remove the rubbish, debris, and vehicles from the property have been unsuccessful. At the public hearing staff will present evidence to show why the conditions on should be declared a public nuisance and why the rubbish, debris and vehicles shou at the expense of the property owners. v P e ’ Page 2 of Agenda Bill 0. I 3,5 0 2. 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 recovei property owner(s). Cost recovery methods are described within Chapter 6.16 of tl 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). EXHIBITS: 1. Resolution No. q& - 4.g 2. Location Map 3, Notice and Order dated October 18,1995. 4. 5. Notice and Order dated November 21, 1995. Photo copy of Dan Mc Clure’s Body Shop Business Card. 7 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. 96-118 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 32 HIGHLAND DRIVE, APN 205-060-04-00. WHEREAS, the conditions which exist at 3286 Highland Drive, Assesso Number 205-060-04-00 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 abatement nuisances within the City limits. 4. That the City Council will hold a public hearing on February ?( in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California tl whether or not the conditions on the property described as 3286 Highland Drive a public nuisance and will hear and consider any and all evidence and objectior That if a public nuisance is found to exist it will be ordered ab2 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. 5. 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 1 property owner(s) and all parties that hold interest in the subject property th; Council will hold a public hearing February 20, 1996 to determine 7 not the conditions constitute a public nuisance. Said notice shall be mailed at le; prior to the hearing. > 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 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 Council 1 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 6th day of FEBRUARY by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None CXAUDE A. LEWIS, Mayor ATTEST: (SEAL) 2 EX H I B I T "2 'I I. 0 4D DRAW BY SCOTJ EVANS. CAHLSBAD ENClYttHlNG DEPI EX H I B 1 T "3" 4, October 18, 1995 CERTIFIED IY Audrey B. Miller 3286 Highland Drive #A Carlsbad CA 92008 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner or occupant of the property located at Highland Drive, you are hereby notified that you are in violation of Carlsbad Muni Code, Section 10.52, for the storage of abandoned, wrecked, dismantled or hoper vehicles; and Section 6.12, for the accumulation of junk in the yard. Copies of 1 municipal code sections were attached to a letter sent to you on September 12, 1995 You are hereby ordered to be in full compliance with the provisions of Carlsbad Muni miscellaneous junk from the premises and remove the vehicles, or store them in accord with the above referenced code. This matter will be referred to the City Attorney's c for legal action if you fail to comply by the above referenced date. If you have any questions regarding this notice, please contact Gene Kellogg, 4 Enforcement Officer, at 438-1161 extension 4213. Code no later than October 29, 1995. To be irZ full compliance you shall remow MARTIN QRENYAK Community Development Director I' 9 45- I) ~<Uq$ I/ By: L GENE R. KELLOGG Code Enforcement Officer GRK:rs c: City Attorney 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-C EXH I BIT "4" ." November 21, 1995 CERTIFIED n Audrey B. Miller 3286 Highland Drive Carlsbad CA 92008 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 3286 Highland Drive, Carl California, you are hereby notified that you are in violation of the following Carlsbad Muni Code Sections: 21.10.010 21.44.060 (3) 6.08. & 6.12 10.52.010 Illegally operating a vehicle storage yard in a 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 C no later than December 31,1995. For you to be in full compliance you shall: 1. 2. 3. 4. Cease using the property as a vehicle storage yard. Remove all inoperable vehicles from the property. Remove all rubbish, debris, junk and weeds from the property. Remove all inoperable vehicles from the property. This matter will be referred to the City Council for declaration of a public nuisance if you fa1 comply by the above referenced date. When the City Council declares a property a public nuisa they set a date for the property to cleaned. If the property is not cleaned by that date, the City 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 Enforcen: Officer, at 438-1161 extension 4467. MARTIN ORENYAK Community Development Director By: Code Enforcement OffiiGer C: City Attorney 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 e FAX (61 9) 438-08' - .- --- . __ - -. DAN MC CLURE AUTO BODY. FENDER & PAINT . SPECIALIST & ESTIMATOR 774.Szd% .?l~L*563L L x