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Home My WebLink About1996-02-20; City Council; 13524; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS AT 3286 HIGHLAND DRIVEP CITY OF CARLSBAID - AGE 4) DA BILL <. e RECOMMENDED ACTION: It is alleged that a public nuisance exists at 3286 Highland Drive within the City on the lot identified as APN 205-060-04-00. It is recommended that the Cou Resolution No. % -6.6 declaring the conditions which exist on the prop( 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 3286 Highland Drive, APN 205-060-04-00, The property is an older house on a lot of approximately fourteen thousand squai property is owned by Mrs Audrey 6. Miller. Mrs Miller is being taken care of by Dan Mc Clure. The lot is littered with rubbish, debris, junk, house hold waste, wc excess of sixteen vehicles. Some of the vehicles are operational howeve inoperable. In addition several transients visit or live in the vehicles on the prog Section 6.16.01 0 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 pror improvements located in the immediate vicinity of such real property; is dec constitute a public nuisance. The property owner's have refused to maintain the property cleared of rubbish, c house hold waste, weeds and inoperable vehicles. This promotes blight and de tends to reduce the property values of private property, and invites plundering. Numerous attempts to have the property owner remove vehicles and clear debr o\\D \m 01 hlm \1 property have been unsuccessful. Page 2 of Agenda Bill 0 No. -2pV e 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 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). EXHIBITS: 1. Resolution No. 5b - G 6 2. Location Map 3. Notice and Order dated October 18, 1995 4. Notice and Order dated November 21, 1995 5. Photo copy of Dan McClure’s Body Shop Business Card , ! 0 1' 2 3 4 5 6 7 8 9 10 11 12 am suz 408 14 AOW2 $054 15 Ek5g Oak :;si zuma 2:;: 16 00s Loco >Y$ k 00 m> &?A 13 JUU >_Jz 17 q0-I 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO- 96-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING A PUBLIC NUISANCE AT 3286 HIGHLAND DRIVE, APN 205-060- 04-00. WHEREAS, the City Council at their meeting of 1996 held a duly noticed public hearing and considered all and testimony of anyone desiring to be heard; and WHEREAS, the property is littered with rubbish, junk, household waste, weeds, and in excess of sixteen r most of which are inoperable; and WHEREAS, the time limits imposed in a Notice and the City's Code Enforcement Officer have expired; and WHEREAS, the property is in a condition which i! or detrimental to public peace, health, safety or general and WHEREAS, the property is maintained so as to pc same to become so defective, unsightly, dangerous or in a ( of deterioration or disrepair so that the same will, or m, harm to persons, or which will be materially detrim property or improvements located in the immediate vicinit real property; and WHEREAS, the site is known to be a haven for va the area; and WHEREAS, the conditions on the parcel constitute nuisance as defined in section 6.16.010 of Carlsbad Munici NOW, THEREFORE, BE IT RESOLVED by the City COUnC City of Carlsbad, California, as follows: 1. That the above recitations are true and co .. I 1 * 3 4 5 6 7 8 9 lo 11 12 00 1?1 and' l3 a08 A"W8 l4 $044 ok5a: 9009 15 a>$? ZUV)" ysz EO% >c!% l7 l8 l9 2o 21 22 23 24 25 26 27 28 SU? _ILL0 >lZ 0Z-l - 16 a02 6" W e 2. That the City has the power at both common la ordinance to abate nuisances. 3. That the condition of the property is ad1 detrimental to the peace, health, safety and general welfar public. 4. That the property is maintained in a manner materially detrimental to property and improvements immediate vicinity of such real property. 5. That the conditions on the property cons public nuisance. 6. 7, That the abatement of the nuisance shall removal of all vehicles, rubbish, debris, junk, household II weeds. That the public nuisance shall be abated. 8. That an action plan for abatement of the shall be submitted by the property owner to the principal inspector no later than March 13, 1996 showing how the shall be abated by April 13, 1996. The failure to submit i plan by the property owner shall not extend the dead abatement of the nuisance. 9. That if such public nuisance is not abated 13, 1996, then the Council will cause the abatement the will make the expense of such abatement a personal oblig the landowner or person creating, causing, committ maintaining the public nuisance and a personal obligatic property owner of the subject property, and a special a5 against the property. 4 1 2 3 4 5i 6 7 8 9 10 11 12 om 13 Yz Err& a08 14 JVuJ% 2035 :;Q OOLL 15 Ek58 zwmo 2::~ 16 &JJz Jka >A2 E:? pa 17 aoJ - 3 0 18 19 20 21 22 23 24 25 26 27 28 e e 10. That if the public nuisance is not abated L 13, 1996, the City Manager is directed to abate the n pursuant to Carlsbad Municipal Code Chapter 6-16. 11. That the City Manager is also authorized to the costs of the abatement by the means described in C Municipal Code section 6.16.010 or any other lawful meansq PASSED, APPROVED AND ADOPTED at a Regular Meetinc day ol City Council of the City of Carlsbad on the 1996, by the following vote, to wit: 5th AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT : Council Member Kulchin &&&(/A A?. ?4 ‘1 AUDE A. LEWZS, Mayor ATTEST: ud#- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) EXHIBIT "2" -~ EX H I B I T "3" ,. *. October 18, 1995 CERTIFIED M Audrey B. Miller 3286 Highland Drive #A Carlsbad CA 92008 NOTICE OF MUNICIPAL CODE ~~~~~~~~ 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 Munic Code, Section 10.52, for the storage of abandoned, wrecked, dismantled or inoperi vehicles; and Section 6.12, for the accumulation of junk in the yard. Copies of t 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 Munic Code no later than October 29, 1995. To be in full compliance you shall remove 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 o 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, ( Enforcement Officer, at 438-1161 extension 4213. MARTIN ORENYAK Community Development Director \ 5) ,$' -/.i-... /I ,L* G ;! By: I GENE R. KELLOGG Code Enforcement Officer GRK: rs c: City Attorney 2075 Las Palmas Dr. - Carlsbad, CA 92089-1 576 - (61 9) 438-11 61 Q FAX (61 9) 438-C EX H I B IT "4" -- -- November 21, 1995 CERTIFIED N Audrey B. Miller 3286 Highland Drive Carlsbad CA 92008 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 3726 Highland Drive, Carl California, you are hereby notified that you are in violation of the following Carlsbad Munic Code Sections: 21.10.010 21.44.060 (3) 6.08. & 6.12 10.52.010 Illegally operating a vehicle storage yard in a residential zone Parking of more than two inoperable vehicles on residential property parking of inoperable vehicles that are not screened from view The property contains rubbish, debris, junk and weeds Parking of inoperable vehicles is declared a public nuisance You are hereby ordered to be in full compliance with the provisions of Carbbad Municipal C no later than December 31, 1995. For you to be in full compliance you shall: 1. 3. 4. Cease using the property as a vehicle storage yard. Remove all rubbish, debris, junk and weeds from the property. Remove all inoperable vehicles from the property. 2. Remove all inoperable vehicles from the property. This matter will be referred to the City Council for declaration of a public nuisance if you fa comply by the above referenced date. When the City Council declares a property a public nuis they set a date for the property to cleaned. If the property is not cleaned by that date, the CiQ have the property cleaned the cost is assessed against the property owner. If you have any questions regarding this notice, please contact Ray Garrison, Code Enforcer Officer, at 438-1161 extension 4467. MARTIN ORENYAK Community Development Director By: .2,&$;; r. ' ,-?- 9M* Co e Enforcement &AliR1soN Officer C: City Attorney 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 0 (61 9) 438-11 61 p FAX (61 9) 438-01 L - -. -------- DAN MC CLURE I I AUTO BODY, FENDER & PAINT SPECIALIST 8( ESTIMATOR , 774*-2- ~G-563d 1 i