The URL can be used to link to this page

Home My WebLink About1996-03-12; City Council; 13545; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS AT 1600 BUENA VISTA WAYflw e CITY OF CARLSBAD - AGE qs 3A BILL It is alleged that a public nuisance exists at 1600 Buena Vista Way within the City Resolution No. qh -8 5 declaring the conditions which exist on the prope "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, 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 pro1 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 free of inoperable cars, pic junked cars, small trucks, junk , rubbish, and debris has been minimally succf promotes blight and deterioration, tends to reduce the property values of surrour Page 2 of Agenda Bill n 0. i 43) 5L/ s 0 At the public hearing staff will present evidence to show why the conditions on t should be declared a public nuisance and why it should be abated at the expc property owners. FISCAL IMPACT: The property owner(s1 are financially responsible for abating the public nuisance. opposing any litigation to enjoin the nuisance or enforce any abatement or( recovered from the property owner(s). Cost recovery methods are described wit 6.16 of the Carlsbad Municipal Code, Section 6.16.1 IO, and can be accomplish against the property, civil action, or criminal action against the property owner(. EXHl BITS: 1. Resolution No. 2. Location Map 3. Notice/Order to Remove, letter dated November 21, 1995 96-6 PC- 3 1 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. 96-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBP WAY, APN 156-142-40-00. CALIFORNIA DECLARING A PUBLIC NUISANCE AT 1600 BUENA VIS' WHEREAS, the City Council at their meeting of March 12, 1996 hc noticed public hearing and considered all evidence and testimony of anyone c be heard. WHEREAS, the property is parked with a motor home, stake bed truck truck, cars, pick-up trucks that are operable and inoperable, rubbish, det dilapidated green houses, weeds and may cause harm to persons; and 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 detriment: 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 : same will, or may cause harm to persons, or which will be materially detr property or improvements located in the immediate vicinity of such real pro WHEREAS, the conditions on the parcel constitute a public nuisance in Section 6.1 6.010 of Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City oi California, as follows: 1. 2. That the above recitations are true and correct. That the condition of the property is adverse or detrimental to health, safety and general welfare of the public 3. That the City has the power at both common law and by or abate nuisances. Ill ///I 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 4. 5. 6. That the conditions on the property constitute a public nuisanc That the public nuisance shall be abated. That abatement of the nuisance shall be the removal of all ir motor homes, catering trucks, cars, pick-up trucks, dead plants, debris, WE repair the green houses or remove the green houses. 7. That the abatement of the nuisance shall be completed by the owner within 45 calendar days from the date of adoption of this resolution, 8. That is such public nuisance is not abated within 45 calendar c the date of adoption of this resolution that the Council will cause the abatemei and will make this expense of abatement a personal obligation of the person causing, committing, or maintaining the public nuisance, and a personal ob1 the property owner of the subject property, and a special assessment a( subject property. 9. That if the public nuisance is not abated within 45 calendar day! date of adoption of this resolution, the City Manager is directed to abate the pursuant to Carlsbad Municipal Code, Section 6.16,060, 11 That the City Manager is also authorized to collect the co: abatement by the means described in Carlsbad Municipal Code, Section 6. any other lawful means. llt Ill Ill Ill Ill Ill Ill Ill Ill ,2 ? 1 2 3 4 5 6 8 7 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour City of Carlsbad, California, held on the 12th day of MARCH 1996, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall NOES: None ABSENT: Council Members Nygaard, Kulchin @!k$rn Y (E& CLAUDE A. LEWIS, Mayor ATTEST: - em.2 ALETHA L. RAU (SEAL) -3 w rn EXHIBIT “2 PROJECT NAME EXHIBIT "3 November 21, 1995 CERTIFIED ? Karen F. Dk 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 Carlsbad California, you are hereby notified that you are in violation of the following Car 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 proper1 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. 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 comply by the above referenced date. When the City Council declares a property a public nul they set a date for the property to cleaned. If the property is not cleaned by that date, the Ci 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 Enfora Officer, at 438-1161 extension 4467. MPLRTIN ORENYAK Community Development Director By: Code Enforcement Officer C: City Attorney 2075 Las Paimas Dr. Carisbad. CA 92009-1 576 (61 9) 438-11 61 * FAX (61 9) 438- x 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. 96-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBi CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUB HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 1i BUENA VISTA WAY, APN 156-142-40-00. WHEREAS, the conditions which exist at 1600 Buena Vista Way, / Parcel Number 156-1 42-40-00 are alleged to constitute a public nuisance in Title 6, Section 6.1 6.01 0 of the Carlsbad Municipal Code; and NOW, THEREFOREf BE IT RESOLVED by the City Council of the City 01 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 or( abate nuisances. 3. That the City Council has established procedures for the ab: certain nuisances within the City limits. 4. That the City Council will hold a public hearing on March 1 - in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, C consider whether or not the conditions on the property described as 1600 B Way constitute a public nuisance and will hear and consider any and all evi objections. 5. That the Community Development Director of the City of Ca cause this resolution to be posted according to law, and also cause the nc 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 r 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 C will determine whether or not a public nuisance exists, and if it exists the C will order that the public nuisance be abated. I 2 3 4 5 6 7 8 9 10 11 12 13 14 7. That if a public nuisance is ordered abated it will be at the expr property owner(s) and such expense shall become a lien and specia\ assessm property and a personal obligation of the property owner maintaining nuisance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City the City of Carlsbad, California, held on the 20th day of Februar -1 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hal NOES: None ABSENT: None ATTEST: * l5 i 16 17 18 19 20 21 22 23 24 25 26 27 28 ALETHA L. RAUTENKRANZ, City Cler! (SEAL) 2 PROTOS FkOM KAREN DIX AB 1113,545 ata 3/12/96 Public Nuisance 1600 Buena Vista Wasy -----.~ .___.. ..._--___ ..