HomeMy WebLinkAbout1996-02-13; City Council; 13518; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS AT 1685 CHESTNUT AVENUEFOR ABATEMENT - MUNICIPAL CODE VIOLATIONS
RECOMMENDED ACTION:
It is alleged that a public nuisance exists at 1685 Chestnut Avenue within the City
on the lot identified as APN 205-220-26-00. It is recommended that the Cour
nuisance and ordering the abatement thereof.
ITEM EXPLANATION:
The purpose of this item is for the City Council to hear any evidence or objec
whether the property identified as 1685 Chestnut Avenue, APN 205-220-26-00
Resolution Noo 76 -68 declaring the conditions which exist on the prope
The property is a house and a 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 and beside the house is littered with junk, debris, rubbish
Section 6.1 6.010 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, si
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 prop
improvements located in the immediate vicinity of such real property; is dec
constitute a public nuisance.
The property owner’s have refused to remove the large commercial vehicles and
cars, trucks and clean up the junk, debris, and weeds. This promotes blight and dt
tends to reduce the property values of private property, and invites plundering.
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At the public hearing staff will present evidence to show why the conditions on I
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Page 2 of Agenda Bill a . I3. 5jg a
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 recover
property owner(s). Cost recovery methods are described within Chapter 6.16 of tt-
Municipal Code, Section 6.16.1 10, and can be accomplished by a lien against the pi
action, or criminal action against the property owner(s).
EXH I BITS :
1. Resolution No. 91; -6 C
2. Location Map
3. Notice/Order to Remove, letter dated November 21, 1995
4. Letter to James Ross from City Attorney dated October 13, 1993
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RESOLUTION NO. 96-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 1685 CHESTNL
AVENUE, APN 205-220-26-00.
WHEREAS, the City Council at their meeting of February 20, 1996
duly noticed public hearing and considered all evidence and testimony of anyonc
to be heard.
WHEREAS, the property is parked with two large commercial trucks, car
trucks that are inoperable, rubbish, debris, junk, and weeds cause harm to perso
WHEREAS, the time limits imposed in a Notice and Order by the Ci
Enforcement Officer 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 b
defective, unsightly, dangerous or in a condition of deterioration or disrepair so tha
will, or may cause harm to persons, or which will be materially detrimental to p
improvements located in the immediate vicinity of such real property; and
WHEREAS, the site is littered with rubbish, debris, junk, house hold waste, L
commercial vehicles, inoperable cars, and pick-up trucks; and
WHEREAS, the conditions on the parcel constitute a public nuisance as
Section 6.1 6.01 0 of Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
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 ordinan
nuisances.
3. That the condition of the property is adverse or detrimental to the pe
safety and general welfare of the public
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4. That the property is maintained in a manner which is materially detri
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 removal of all large co
trucks, inoperable cars, pick-up trucks, junk, debris, and weeds.
8. That the abatement of the nuisance shall be completed by the prop€
within 30 calendar days from the date of adoption of this resolution.
9. That is such public nuisance is not abated within 30 calendar day'
date of adoption of this resolution that the Council will cause the abatement there(
make this expense of abatement a personal obligation of the person creating
committing, or maintaining the public nuisance, and a personal obligation of th
owner of the subject property, and a special assessment against the subject propr
That if the public nuisance is not abated within 30 calendar days fro
of adoption of this resolution, the City Manager is directed to abate the nuisance I
Carlsbad Municipal Code, Section 6.1 6.060.
10.
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 o
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun
City of Carlsbad, California, held on the 20th day of February
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAU'TENmANZ, City Clerk )
(SEAL)
3
EXHIBIT "2" e e
CITY OF OCEANSIDE
EX H I B I T 'I 3" e Q
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 Aver
Carlsbad California, you are hereby notified that you are in violation of the following Carls
Municipal Code Sections:
21.10.010
21.44.060 (4)
21.44.060 (3)
6.08. & 6.12
10.52.010
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 Cc
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 large commercial vehicles from the property.
Remove all inoperable vehicles from the property.
Remove all rubbish, debris, junk and weeds from the property. : J.
This matter will be referred to the City Council for declaration of a public nuisance if you fai
compIy 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 1
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 Enforcem
Officer, at 438-1161 extension 4467.
c: City Attorney
2075 Las Palmas Dr. 0 Carlsbad, CA 92009-1576 - (619) 438-1161 FAX (619) 438-08
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4 CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1 989
(619) 434-2891
FAX. (619) 434-8367 RONALD R. BALL
CITY AlTORNEY October 13, 1993
KAREN J. HIRATA
DEPUTY CITY ATTORNEY
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 let1 stating that you are in violation of several sections of 1 Carlsbad Municipal Code. On June 17, 1993, the code enforcemt officer sent you another letter ordering you to comply by June ;
1993. You have ignored these notices and the matter has bc referred to me for prosecution.
These violations of the Carlsbad Municipal Code are crimii offenses. They are infractions punishable by fines up to $100 1
the first violation. The penalty for a second violation within (
year is $200 and a third violation may result in a fine up to $5( The fourth and each additional violation of the same ordinal within one year is a misdemeanor and is punishable by a fine up
$1,000 or imprisonment up to six months, or both.
Each and every day during which a violation of the municipal c( is committed, continued or permitted is a separate offen: punishable by a separate fine. These fines are in addition to el other and can add up to a significant amount if the violation
continued.
The policy of the city is to seek voluntary compliance with * municipal code whenever possible. However, when a person contini
to ignore the law, the policy is to file a criminal complaint.
has been two and a half years since I first contacted you ab1
and given you extensions of time in order to allow you voluntarily comply with the city ordinances. However, you h taken advantage of our generosity and not taken care of problem.
The situation has become intolerable. The property is illega used as a vehicle storage lot in violation of Carlsbad Munici Code section 21.10.010. Commercial vehicles are illegally par
there in violation of Carlsbad Municipal Code sect 21.44.060(e)(4). The property contains rubbish, debris, junk
this problem. The city staff and I have been very patient with 3
0 e
weeds in violation of Carlsbad Municipal Code Chapters 6.08 q
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 wit1 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 gile char
immediately.
Very truly yours,
/tL d * KAREN J. HIRATA 0-
Deputy City Attorney
afd
c: Code Enforcement Officer