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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 -_ .. a al ”$ a 2 m 2 al ,, fi t; z -U a .rl 2 u % c 0 -2 t g a o ,, g ’ 2 : $ $ P cd P al rd -rl A 4J cd a al .rl $ u C $4 rcI III 0) b u a a rl -d 0 U 2 e c 4 J 5 z ‘3 0 0 * -, 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. . 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. 96-135 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. / / 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 /I1 /./ Ill // c 1 2 3 4 5 6 7 8 9 11 10 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 25 26 27 28 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. Ill Ill Ill //I Ill //I Ill Ill Ill I 2 L 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 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 // /I (SEAL) 1 1 3 tXHlt-5 a 0 W b CITY OF OCEANSIDE ^". I" rill r""l?_ r ,,.. Ir rrn,mrn r.,A,.,?re,.,,- !B 0 m EXHlB -* -6 Y 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. z 0 0 - 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 c 0 W - 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 -. ---- - --- would be cleaned up and placed properly. - 10 17 Saint Patnck‘s Day 24 31 Palm Sunday - Lmt Quarter 11 12 13 14 15 fwd6 2%SUSfW*, MNy- . 18 lSb- 20 21 22 1st Day of Spnng 25 26 27- 28 29 c - - L_ -_ ___ - - 1 2 3 1 st Day Passover Good Friday - Lost Qwrref 7 8 9 10 11 12 Easter Sunday 8th Day Passover - 14 J,p 16 17Mmn 18 19 A%E- 21 22 23 24 25*r 26 28 29 30 cf,* -- / - - 12 Mother's Day l9 26 NeWMaJn 13 14 15 j6 gHm 29 21 22 23 24 27 28 29 30 31 -gfla s Vina Day Canada L Tradmonal Memonal Day Memonal Day _- - - 9 NavMoon 16 Fathet's Day 30 23 10 11 12 13 14 Rag Day 17 18 19 20 1st Day of Summer 3harfer 25 2~ 27 28 (- I fl .-, 4 _---- _- - 14 21 28 New Moon 17 18 19 22 23w"' 24 25 26 29 30- 31 L _-. - 11 I8 New McMl 12 13 14 45 16 19 20 21 22- 23 9Vm- Ya I 25 26 27 .gNPrnW 5fWPiA& 2itw ~ 28IMmn 29 30 i. Grandparents' Day __ - 15 22 1st Day of Autumn 29 16 17-- -= 18 as 20- 2" 23 24 25 26 27'- END PMh'--" pTpfiASs- znzr z Yom Kippur 30 (2 d- -- 13 20 27 __~ ~ 14 15 16 17 18 Columbus Day Thanksgiving Day Canada 21 22 23 24 25 28 39 30 31 ffl W45f glwpjv6 13T1: F -' Halloween - -- 10 , 17 24 New Mcon 11 12 13 14 15 Veterans’ Day First Ownsr 18 19 20 21 f 22 Ed0 pW-6 gm2VM- z 25IMmn 26 27 28 29 i. Thanksgtving Day - 15 22 29 5A"TnO"SA - 8th Day Chanukah I 16 17*- 18 19 20 23 24- 25 26 27 fflD PAM! Chnstmas 30 31 -1 \< c 1) . -? . d 1 2 3 4 5 6 7 8 9 10 11 12 Sm 13 mu: $E& 408 Ow8 5UU $035 14 Ck5a nun? 15 <;ss zwm OZJ0 00s Eom 40J >E2 17 60 m> >A2 rrazd 16 18 19 20 21 22 23 24 25 26 27 28 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 u - - I) I .. -7 1 * 3 4 !5 6 7 8 9 lo 11 12 - 1 0- an8 Ow# l4 YU, $055 crc5a: 9 “02 ‘ai 15 ““go oa aoA >2% k l7 UO la l9 2o 21 22 23 24 25 26 27 28 Sw8 (o $E& ’ - l3 >A2 S&E$ E23 oZd - 16 e d 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. b -3 .. d 1 2 3 4 5 €j 7 8 9 10 11 12 aul Y2 u.08 ow2 SuJ? ucccb 13 2;SS p-$2 hi$ 00 18 ,kg: 9"oe ALL, 15 14 oz-'? 16 UU$O 4o-l t >2% 17 19 20 21 22 23 24 25 26 27 28 0 * 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 y - -. w * 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. 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