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Home My WebLink About1996-06-25; City Council; 13718; SETTING A PUBLIC HEARING FOR THE DECLARATION OF A PUBLIC NUISANCE AT 4702 TELESCOPE AVENUEgw CITY OF CARLSBAD - AG !!l DA BILL 0 &I a, u u (d fi a, RECOMMENDED ACTION: It is alleged that a public nuisance exists at 4702 Telescope Avenue within the City on the lot identified as APN 207-412-18-00. It is recommended that the Cout consider all evidence and objections regarding this allegation. ITEM EXPLANATION: The purpose of this item is for the City Council to hear any evidence or objections a the property identified as 4702 Telescope Avenue, APN 207-412-1 8-00, is a public ni The property is a 4,076 square foot house with a swimming pool on a lot of approxim square feet. The structure was damaged by a fire on May 4, 1996. As a result of structure was declared a dangerous building in accordance with the Uniform C Abatement of Dangerous Buildings, as adopted by Carlsbad Municipal Code, Chapte Section 6.16.01 0 of the Carlsbad Municipal Code defines a public nuisance as: 5 g ? Ti N (d a, c c) .rl rl P td -4 C m m \D m g 2; -dm general welfare; or g M U U a, n c\1 N I The existence of real property within the City: 1. m In a condition which is adverse or detrimental to public peace, heal cn a,rl u a- 0- Qrl (d rlrl 2. Which is maintained so as to permit the same to become so defectiv dangerous or in a condition of deterioration or disrepair so that the : improvements located in the immediate vicinity of such real property; i! constitute a public nuisance. 3r *rl Ob =r 2g may cause harm to persons, or which will be materially detrimental tc F UW The property owner has refused to abate the nuisance and cause the structure to t This promotes blight and deterioration and invites plundering. At the public hearing staff will present evidence to show why the conditions on \I) m \ rn N \ \D a 0 Page 2 of Agenda Bill No. 13: ?/ 8 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 recovt 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 ~ action, or criminal action against the property owner(s). EXHIBITS: 1. Resolution No. 7,h -da? 2. Location Map 3. Notice and Order dated May 6, 1996 4. Notice and Order dated June 5, 1996 i 1 2 3 4 5 6 7 8 9 10 11 1 2 13 1 4 15 l6 l7 1 * 19 2O 2’ 22 23 24 Z5 26 2’ 28 RESOLUTION NO. 96-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBI CALIFORNIA DECLARING THE CITY‘S INTENTION OT HOLD A PUB1 HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 4702 TELESCC AVENUE, APN 207-41 2-1 8-00. WHEREAS, the GOflditiOfl8 which exist at 4702 Telescope Avenue, Assess1 Number 207-412-18-00 are alleged to constitute a public nuisance as defined Section 6.1 6.010 of the Carlsbad Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the City has the power at both common law and by ordinance nuisances. 3. That the City Council has established procedures for the abatement nuisances within the City limits. 4. That the City Council will hold a public hearing on July 16, 1996 City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California tc whether or not the conditions on the property described as 4702 Telescop constitute a public nuisance and will hear and consider any all evidence and objectil 5. That if a public nuisance is found to exist it will be ordered abated at the c the property owner(s) and such expense shall become a lien and special assessmc property and a personal obligation of the property owner maintaining the public nui 6. That the Community Development Director of the City of Carlsbad will resolution to be posted according to law, and also cause the notice to be sf property owner(s) and all parties that hold interest in the subject property tha Council will hold a public hearing to determine ’ not the conditions constitute a public nuisance. Said notice shall be mailed at lea: prior to the hearing. July 16, 1996 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 That based upon the facts presented at the public hearing, the City CC determine whether or not a public nuisance exists, and if it exists the City Council that the public nuisance be abated at the expense of the personts) creating i. property owner(s). PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coui City of Carlsbad, California, held on the 25th day of June i the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: None ATTEST: h&P& ALETHA L,, RAUTENKRANZ, City Clerk (SEAL) 2, EXHl e 4D (g 4702 Telescope Ave. 207-41 2-1 8 I^- -' . May 6, 1996 HAND DELJWI Alireza Tahmasebi 7420 Esfera Street Carlsbad CA 92009 RE: 4702 TELESCOPE AVENUE; A.P.N. 207-412-18 NOTICE OF MuNIclpAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 4702 Telesc Avenue, you are hereby notified that you are in violation of Carlsbad Munic Code, Chapter 18.19. The structure referenced abcve has been declared a dangei building in accordance with the Uniform Code for the Abatement of Dangei Buildings as adopted by Carlsbad Municipal Code, Chapter 18.19, due to a strut' fire that occurred May 4, 1996. You are directed to cause the following action to be taken on the structure: 1. Stabilize the structure by removing all unsupported structural systr within the next 24 hours following senrice of this notice to allow Police Department and its agents to complete the criminal investigat Upon completion of the criminal investigation, cause the structure tc completely removed within 30 days of receipt of this notice. 2. Should the required repairs not commence as directed, the City may proceed to ci the work to be done and charge the costs thereof against the property owner or property* 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-C e e * p. I-- May 6, 1996 4702 Telescope Avenue Page Two Any person having any record title or legal interest in the building may appeal i this Notice and Order, or any action of the building official, to the City Cou provided the appeal is made in writing and filed with the building official withi days from the date of service of this Notice and Order. Failure to appeal constitute a waiver of all rights to an administrative hearing and determination ol matter. Any questions regarding this Notice and Order may be directed to the Buil Official at (619)438-1161 ext. 4503. . a\. =-2L&&dc& PAT KELLEY MICHAELSMITH Building Official Fire Marshal v ’ ;:MS/rs c: City Manager City Attorney Police Chief MP:rs C: ' City Manager City Attorney Fire Marshal Police Chef m- Building Official 0- % 7 Community Development Director h 6 0 co (3 E z - - 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (61 9) 438-1 !L " Certified Fee Speaal Delivery Fee Rstncted Delivery Fee Return Receipt Showng to mom 8 Date Delivered Return Recapt ShOWlng to mom Date, g Addressee's Address TOTAL Postage 8 Fees postrnak or Date