HomeMy WebLinkAbout1996-04-16; City Council; 13610; HEARING TO GRANT AN EXTENSION TO ABATE A PUBLIC NUISANCE ON ORDER FOR ABATEMENT OF MUNICIPAL CODE VIOLATIONS AT 3286 HIGHLAND DRIVE* 1
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* -, e e CITY OF CARLSBAD - AGENDA BILL
AB# 4 4 b / 0 TITLE: HEARING TO GRANT AN EXTENSION TO ABATE A DEPT. I
PUBLIC NUISANCE ON ORDER FOR ABATEMENT
MTG. q-/b -?&‘ CITY A
DEPT. BLD CITY M
RECOMMENDED ACTION:
City Council has declared that a public nuisance exists at 3286 Highland Drive withi
Carlsbad on the lot identified as APN 205-060-04-00. The property owner is req
December 26, 1996 to remedy the offending conditions. Staff is recommending thai
Amend Resolution No. 96-66 granting an extension of time not to exceed six
April 13,1996, to abate the nuisance by adopting Resolution No. 4b- /35
ITEM EXPLANATION:
The purpose of this item is for the City Council to hear any evidence or objections a
the property identified as 3286 Highland Drive, APN 205-060-04-00, should be
extension of time, as requested by the responsible party, to comply with City Counc
Number 96-66.
The property is an older house on a lot of approximately 14,000 square feet. 1
owner, Dan McClure, is now requesting an extension of time, until December 26, 19E
with City Council Resolution Number 96-66 which declared the property a public n
ordering its abatement by April 13, 1996. The lot is littered with rubbish, debris, junl
waste, weeds, and has in excess of sixteen vehicles. Some of the vehicles are
however most are inoperable. In addition, several transients visit or live in the ve
property.
At the public hearing, staff will recommend an extension of 60 days from April 13, 1
the nuisance at the expense of the property owner. Staff believes that this is i
period of time for Mr. McClure to complete the work.
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 recovf
property owner(s). Cost recovery methods are described within Chapter 6.16 of
Municipal Code, Section 6.16.1 IO, and can be accomplished by a lien against the I
action, or criminal action against the property owner(s).
EXHIBITS:
1. Resolution No. -90- 135
2. Location Map
3. Mr. McClure’s original timeline for abatement of nuisance - retyped for clarity
4. Mr. McClure’s proposal that accompanied request for extension
OF MUNICIPAL CODE VIOLATIONS AT 3286
HIGHLAND DRIVE; APN: 205-060-04-00
5. Resolution No.‘ 96-66.
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RESOLUTION NO. 96-135
DRIVE, APN 205-060-04-00.
WHEREAS, the City Council at their
noticed public hearing and considered all evidence
heard; and
WHEREAS, the property, as defined in
Code, was declared to be a public nuisance in that
detrimental to public peace, health, safety or gene
WHEREAS, the property owner, Mr.
to abate the nuisance conditions; and
WHEREAS, the prope
abate nuisances.
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detrimental to thebeace, health, safety and general welfare of the public cor
public nuisance’ / 4. That the abatement of the nuisance shall be the removal of a 1 / rubbish, debris, junk, household waste and weeds. 1
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5. That in consideration of the request by Mr. Dan McClure tha
allowed for abatement be extended and the recornmen
exceed 60 days, the April 13, 1996 deadline for ab
approved by Council be modified and extended to June 12, 1996.
6. That if such public nuisance is not
Council will cause the abatement thereof and will m
personal obligation of the landowner or person creatin
the public nuisance and a personal obligation of the p
and a special assessment against the property.
7. That if the public nuisance is no
Manager is directed to abate the nuisance
6.16.
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8. That the City Manager is also authorize
abatement by the means described in Carlsbad Municipal
other lawful means. PASSED, APPROVED AND AD
the City Council of the City of Carlsbad on the
vote, to wit:
AYES:
NOES:
ABSENT: /I
CLAUD A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler //
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(SEAL)
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MARCH 13, 1996
CITY COUNCIL & McCLURE AGREEMENT PROPOSAL
ITEM: CLEAN UP OF AUDREY B. MILLER'S PROPERTY
LOCATION: 3286 HIGHLAND DRIVE,CARLSABAD CALIFORNIA 92008
(INCLUDES A MAP PARTITION OF THE PROPERTY IN LETTERS A-Z
REFERRED AS TO SPACES)
PHASE I: Will take four (4) weeks and three (3) days
MARCH 13, 1996 THUR APRIL 13, 1996
In the opening phase of this schedule, I/we (referring to William Vinyard and Daniel McClure.)We will be continuing our efforts, to clean up any problems or areas that are alledged nusiances to the City of Carlsbad or our neighbors.The clean u]
will began With space (A) on our map, the unsightly compost p left by the City's Tree Trimming Crew. When without permissioi the citys crew removed a twin tree in front of my mother's
property that was planted there by her (Audrey Miller and my grandmother, Zanfara Terraavia Randall Miller) in. 1917 It is to be cut into fire wood sized pieces and stacked in sp< (F).The building lumber in space (F)to be stacked thoughout 7 such stacks in spaces ( M,N,O,& P ). The trailor from space (E
will be moved to space (H). The automotive body parts in space (E) fenders, doors, hoods and trunck ltd's will be hauled away
scrap yard or junk dealer. 55 gallon drums, wagon wheels , 1 gallon gas contairrers-end also -pa& of-tJindmi11 will be desposc
of at proper recyclers or hauled to city dump. From space (C)
the 62 Ford Truck will removed off the property also from
space(M) the 69 Blue Honda Car will leave property. Spaces
(E,F,G, & H) will be cleaned.
Space (F) will then hold compost cut into firewood and stacked Space (H) will be for trailors in useable condition or being
builot or rebuilt. Spaces(E and G) will be vacant.
After 1 day to rest up some, Sunday the 14.
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Page 2
McClure Proposal
Phase 11: Will take 4 weeks and 4 days. April 15, 1996 thru May 17, 1996.
Thus I/We shall be building. After checking with City Plannins
These containers will be placed on the eastern most border.
Begginning at shed already stand and going south will be the first such container. From space(C), 52 Ford Sedan will be
removed to recylers crap or salvage yard thus off the propert!,
After 2 days off 18th and 19th - Weekend
Phase 111: Will take 4 weeks and 4 days
May 20, 1996 thru June 21, 1996.
and Codes Ordinances. Opaque containers, 5 will be constructed.
- Spaces (M,N,O and P) also includiong several other space's whc wood has been acummulating . Walking around the property I ha\ counted 18 large piles or eyesores of useable lumber and a fei boards lying around. all will be stacked in 7 to 9 max. stacJ Within space's (M,N,O and P), thus become functional working stacks of quality lumber.
22nd and 23rd will take the weekend off.
Phase IV: Will take 1 week and 5 days.
June 24, 1996 thru July 6, 1996
Will be to place container built during Phase 11. In locatio1 okayed by City Planning Department or Code Enforcement which P be determined during Phase 11. As determined, then I/We will gather and collect, alT-an*amothm-metals such as bumpers, axej brake drums, chrome molding, seal beam mounting brakes and houseings, differential sand drive shafts not to be included,
exhaust pi8pes or mufflers also not including automotive
odomiteres, takometers or other gages for automotive useage. From space (J) the green and Tan 70 Honda cars will be remove(
from the property after taking Sunday the 7th off.
Phase V:
July 8, 1996 thru July 15, 1996
I/We will remove all other debris from space's (E and F), wit1
the exception of course of the cut and stacked firewood put tl during Phase I. Also from space(J),. the 2 Red 70 Honda cars 1 be taken off to recycler or salvage/scrap yard.
Will take 8 days
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Page 3 McClure Proposal
Phase VI: Will take 2 weeks and 5 days
July 16, 1996 Thru August 4, 1996
Will place( 1) one more storage container, to go just south OT
eastern most border of the container put in place in the Phaz preceeding. Then weill begin to collect or gather up all plz plumbing material to be put in this container. Will also ren from space(M) 54 ford also brown 70 Honda car from space(S) 1 taken to salvage/scrap yard or recycler.
Phase VII: Will take 2 weeks
August 5, 1996 Thru August 19,1996
Space's (A,B and C) all things that hhaaave left will be desg
off or put into space as to comply with reason for moving sad
or vacant. From space(K), the green and tan Honda cars 70 mc will be taken to salavage/scrap yard or recyclers.
Phase VIII: Will take 6 days
August 20, 1996 Thru August 25, 1996
Space's (D and Z) will become vacant of things within their boundries. Placed, or Removed! From space(J) aremov 57 Chew Primerea 70 model Honda car to salvage/scrap yard or recycle1
Phase VIV: Will take 4 weeks
August 26, 1996 Thru September 23, 1996
Space's (J and K) will be cleaned up also another storage
container would be placed. Eastern most and just south of th
container placed before this one. Every item within these SE
So that from western most space to the eastern most space. FI the northernly most space up to the driveway indicated with I highlighter. Will be vacant cleaned up and complied with Cit Council's mandate upon the property of Audrey B. Miller.
Space's (A,B,C,D,E,F,J and K) will be in compliance with cit3
Councils mandate and thus far we haven't stated anything aboL days of sickness or weather or not (1 or 2) One or two persor
have or were able to work on Audrey B. Miller's and stay witk
timeing Chart to the letter.
debris. Thus leaving those spaces clean and free from everyt
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would be cleaned up and placed properly.
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Yw>fJ IJI I 4J 0 9
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 7
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 p'
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 constitutt
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 cc
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2. That the City has the power at both common 1:
ordinance to abate nuisances.
3. That the condition of the property is ad
detrimental to the peace, health, safety and general welfal
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
1t
public nuisance.
6. That the public nuisance shall be abated.
7, That the abatement of the nuisance shall
removal of all vehicles, rubbish, debris, junk, household B
weeds.
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 a
plan by the property owner shall not extend the dead1
abatement of the nuisance.
9. That if such public nuisance is not abated 1
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 obligatio]
property owner of the subject property, and a special as:
against the property.
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10. That if the public nuisance is not abated
13, 1996, the City Manager is directed to abate the
pursuant to Carlsbad Municipal Code Chapter 6.16.
11. That the City Manager is also authorized tc
the costs of the abatement by the means described in
Municipal Code section 6.16.010 or any other lawful meanc
PASSED, APPROVED AND ADOPTED at a Regular Meetii
day c City Council of the City of Carlsbad on the
1996, by the following vote, to wit:
5th
7'
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Nygaard, Finnila, Hall
7 i / / C'
dLAUDE phd/A A. I, LEWXS, Mayor Lil ,df
ATTEST:
ALETHA &zL L. RAUTENKRANZ, 2gaAl City C erk
(SEAL 1
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TO: CITY MANAGER
FROM: ‘$6ENIOR BUILDING INSPECTOR
RE: 3284 HIGHLAND DIUVE cc
THIS IS A LETTER THAT WAS MAILED TO ME FROM A NEIGHBOR AB01
THIS PROPERTY. IF I RECEIVE ANY OTHER LETTERS I WILL FOWARD A COP
TO YOUR OFFICE.
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