HomeMy WebLinkAbout1996-02-20; City Council; 13523; SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 1600 BUENA VISTA WAYa0
CITY OF CARLSBAD - AGE fP OA BILL e
MTG. g-dc -96 BUENA VISTA WAY; APN: 156-1 42-40-00
RECOMMENDED ACTION:
It is alleged that a public nuisance exists at 1600 Buena Vista Way on the lot identif
156-1 42-40-00. It is recommended that the Council ADOPT Resolution No. $0
setting a public hearing for to hear and consider all ev
objections regarding this allegation,
M AI?
ITEM EXPLANATION:
The purpose of this item is for the City Council to set a public hearing to determir
the property identified as 1600 Buena Vista Way, APN 156-142-40-00 is a publii
The property is the site of a single family house and numerous dilapidated grc
located on 1.83 acres of land. The property is located at the northeast corner of E
Way and Arland Road. The front and side yards are used as storage yards for tr
pick-up trucks, a motor home and vans in various stages of repair. The dilapic
houses are located on the south side of the house along Buena Vista Way.
covers to the green houses have been removed leaving the dead and dying plants
visible. The area between the green houses and the vehicle storage yard is cc
weeds, plastic pots, flats and other debris, left over from a cactus farm operatil
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, si
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 pror
improvements located in the immediate vicinity of such real property; is dec
constitute a public nuisance."
property values of surrounding private properties, and invites criminal activ
e Page 2 of Agenda Bill 94- 0. I '523
At the public hearing staff will present evidence to show why the conditions on tt
should be declared a public nuisance and why the rubbish, debris and vehicles
abated at the expense of the property owners.
FISCAL IMPACT:
The property owner(s) are financially responsible for abating the public nuisance. '
opposing any litigation to enjoin the nuisance or enforce any abatement ord
recovered from the property owner(s). Cost recovery methods are described witt
6.16 of the Carlsbad Municipal Code, Section 6.16.1 IO, and can be accomplisht
against the property, civil action, or criminal action against the property owner(:
EXHIBITS:
1. Resolution No. qh -6 5
2. Location Map
3. Notice and Order dated November 21, 1995.
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RESOLUTION NO. 96-65
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 16C BUENA VISTA WAY, APN 156-142-40-00.
WHEREAS, the conditions which exist at 1600 Buena Vista Way, As
Parcel Number 156-142-40-00 are alleged to constitute a public nuisance a:
in Title 6, Section 6.16.01 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 ordi
abate nuisances.
3. That the City Council has established procedures for the abati
certain nuisances within the City limits.
4. That the City Council will hold a public hearing on March 12
- in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, Ca
consider whether or not the conditions on the property described as 1600 Bu
Way constitute a public nuisance and will hear and consider any and all evic
objections.
5. That the Community Development Director of the City of Car
cause this resolution to be posted according to law, and also cause the no
sent to the property owner(s) and all parties that hold interest in the subjec.
that the City Council will hold a public hearing
determine whether or not the conditions constitute a public nuisance. Said n
be mailed at least ten days prior to the hearing.
March 12, 1996
6. That based upon the facts presented at the public hearing, the Ci
will determine whether or not a public nuisance exists, and if it exists the Ci
will order that the public nuisance be abated.
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7. That if a public nuisance is ordered abated it will be at the expen
property owner(s) and such expense shall become a lien and special assessmer
property and a personal obligation of the property owner maintaining tt
nuisance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City C
the City of Carlsbad, California, held on the 20th day of February
-, 1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City ClerJ
(SEAL)
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1600 BUENA VISTA WAY A PN 156-142-40
PROJECT NAME
.
EX H I B I T "3"
November 21, 1995 CERTIFIED M
Karen F. Dix
647 8th Street
Hermosa Beach CA 90254
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner of the property located at 1600 Buena Vista P
Carlsbad California, you are hereby notified that you are in violation of the following Carls
Municipal 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 fa
comply by the above referenced date. When the City Council declares a property a public nuisz
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 mer.
If you have any questions regarding this notice, please contact Ray Garrison, Code Enforcen
Officer, at 438-1161 extension 4467.
MARTINORENYAK
Community Development Director
By:
Code Enforcement Officer
C: City Attorney
2075 Las Palmas Dr. Carisbad, CA 92009-1 576 - (61 9) 438-11 61 FAX (61 9) 438-Ot