Loading...
HomeMy WebLinkAbout1996-07-16; City Council; 13740; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS AT 4702 TELESCOPE AVENUERECOMMENDED ACTION: on the lot identified as APN 207-412-18-00. It is recommended that the COUI Resolution No. %$-&?56 . declaring the conditions which exist on the prope nuisance and ordering the abatement thereof. ITEM EXPLANATION: 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, Chaptei The existence of real property within the City: 1. In a condition which is adverse or detrimental to public peace, heal general welfare; or 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 I may cause harm to persons, or which will be materially detrimental tc improvements located in the immediate vicinity of such real property; is 2. constitute a public nuisance. S 3 s Page 2 of Agenda Bi 7 I No. /3, 7k/@ dB 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 recove property owner@). Cost recovery methods are described within Chapter 6.16 of t 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. yb-ds 6 2. Location Map 3. Notice and Order dated May 6, I996 4. Notice and Order dated June 5 1996 5. Letter of Appeal from Mr. Tamasebi dated June 8, 1996 1 2 3 4 5 6 7 8 9 10 'I 1 12 l3 14 ' 15 16 'l 7 18 19 20 21 22 23 z4 25 26 27 28 RESOLUTION NO. 96-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING A PUBLIC NUISANCE AT 4702 TELESCOPE AVENUE, APN 207-41 2-1 8-00. WHEREAS, the City Council at their meeting of July 16, 1996 held a dul\ public hearing and considered all evidence and testimony of anyone desiring to be he WHEREAS, the structure on the property was declared a dangerous bt accordance with the Uniform Code for the Abatement of Dangerous Buildings; and WHEREAS, the time limits imposed in a Notice and Order by the Citi Enforcement Officer have expired; and WHEREAS, the property is in a condition which is adverse or detrimental peace, health, safety or general welfare; and WHEREAS, the property is maintained so as to permit the same to bc defective, unsightly, dangerous or in condition of deterioration or disrepair so that will, or may, cause harm to persons, or which will be materially detrimental to pr improvements located in the immediate vicinity of such real property: and WHEREAS, the conditions on the parcel constitute a public nuisance as ( Section 6.16.01 0 of the Carlsbad Municipal Code, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. 2. nuisances. 3. That the above recitations are true and correct. That the City has the power at both common law and by ordinanct That the condition of the property is adverse or detrimental to t health, safety and general welfare of the public. 4. That the property is maintained in a manner which is materially deti property and improvements in the immediate vicinity of such real property. 5. That the conditions on the property constitute a public nuisance. 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 6. 7. That the abatement of the nuisance shall be the removal of all sti That the public nuisance shall be abated. debris and backfilling of the existing swimming pool. 8. That the abatement of the nuisance shall be completed by the proper1 within thirty (30) calendar days from the date of adoption of this resolution. 9. That if such public nuisance is not abated within thirty (30) calendar d the date of adoption of this resolution, then the Council will cause the abatement tht will make the expense of such abatement a personal obligation of the landowner ( creating, causing, committing, or maintaining the public nuisance and a person obli the property owner of the subject property, and a special assessment against the prc 10. That if the public nuisance is not abated within thirty (30) calendar d the 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 costs of the a by the means described in Carlsbad Municipal Code Section 6.16.010 or any otk means. Ill Ill Ill 111 Ill Ill Ill Ill Ill Ill Ill 2. 1 2 3 4 5 6 7 8 9 10 ” 12 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 Counc City of Carlsbad on 16th day of JULY 1996, by the following wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: dJJdLR6;)& ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) 3. W 0 EXH f! 4702 Telescope Ave. 207-41 2-1 8 May 6, 1996 RAND DELIVEREI Alireza Tahmasebi 7420 Esfera Street Carlsbad CA 92009 RE: 4702 TELESCOPE AVENUE; A.P.N. 207-412-18 NOTICE OF' MUNICIPAL CODE VIOLATION ORDER TO REMOVE PLEASE TAKE NOTICE: As the owner of the property located at 4702 Telescopl Avenue, you are hereby notified that you are in violation of Carlsbad Municipa Code, Chapter 18.19. The structure referenced above has been declared a dangerou building in accordance with the Uniform Code for the Abatement of Dangerou Buildings as adopted by Carlsbad Municipal Code, Chapter 18.19, due to a structur 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 system within the next 24 hours following service of this notice to allow th Police Department and its agents to complete the criminal investigatioi Upon completion of the criminal investigation, cause the structure to I: completely removed within 30 days of receipt of this notice. 2. Should the required repairs not commence as directed, the City may proceed to caus the work to be done and charge the costs thereof against the property owner or th P'OFrtY. 2075 Las Palmas Dr - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-089 * Q May 6, 1996 4702 Telescope Avenue Paee Two Any person having any record title or legal interest in the building may appeal fro this Notice and Order, or any action of the building official, to the City Counc provided the appeal is made in writing and filed with the building official within days from the date of service of this Notice and Order. Failure to appeal w constitute a waiver of all rights to an administrative hearing and determination oft matter. Any questions regarding this Notice and Order may be directed to the Buildii Official at (619)438-1161 ext. 4503. a\* a ZSkR! PAT KELLEY MICHAELSMITH Building Official Fire Marshal T- ;:MS/rs e: City Manager City Attorney Police Chief MP:rs C: City Manager City Attorney Police Chief Community Development Director Budding Official In g - k Q 0- 0 m 0 g Fire Marshal - 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 (619) 438-1 L cn " Cemfied Fee Speaal Delivery Fee Restncted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt showing to Whom, Date, &Addressee's Address TOTAL Postage & Fees Postmark or Date L9 - 5- 2 m 8 At Tamasebi 7420 Esfera St Carlsbad, Ca 92009. Tele: work.( 61 9)591-0505 Residence:( 6 19)633-3350 Fax:( 619)59 1-0303 Date : 06-08-96 City of Carlsbad Budding Dept 2075 Las Palas Dr. Carlsbad, Ca 92009. Attention :Mr. Michael Peterson Senior Buildmg Inspector Re: 4702 Telescope Ave Carlsbad, Ca 92008. Dear Mr. Peterson; And I herewith appeal from this notice. As legal owner of the above property, I have been trymg very hard to resohe the legal problem associated with lender and insurance GO. and to expedite this maner Mr.Micheal Smith Fire Marshal and my attorney Mr. Mark Kessler being in contact with the lender and insurance co, I am hoping this matter be resolved in next two weeks and mean time I have arranged with the certified structure engineer to inspect and evaluate the possibilities of saving the existing structure. and as soon as I get my direction I will proceed with necessary work. I am in receipt of your letter dated june 5, 1996 regarding the above property. Sincerely, p&& AI Tamasebi. (Owner) 1 2 3 4 5 (3 7 8 9 10 11 12 13 l4 15 16 l7 l8 19 2o 21 22 23 24 25 26 27 28 , RESOLUTION NO. 96-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB, CALIFORNIA DECLARING THE CITY'S INTENTION OT HOLD A PUB HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 4702 TELESCC AVENUE, APN 207-41 2-1 8-00. WHEREAS, the conditions which exist at 4702 Telescope Avenue, Assess Number 207-412-18-00 are alleged to constitute a public nuisance as defined i Section 6.1 6.01 0 of the Carlsbad Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as fotlows: 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 to whether or not the conditions on the property described as 4702 TelescopE constitute a public nuisance and will hear and consider any all evidence and objectio 5. That if a public nuisance is found to exist it will be ordered abated at the e: the property owner(s1 and such expense shall become a lien and special assessmer property and a personal obligation of the property owner maintaining the public nuis: 6. That the Community Development Director of the City of Carlsbad will c resolution to be posted according to law, and also cause the notice to be ser property owner(s) and all parties that hold interest in the subject property that Council will hold a public hearing to determine w not the conditions constitute a public nuisance. Said notice shall be mailed at least prior to the hearing. July 16, 1996 1 I 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 C 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 person(s) creating L property owner(s). PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cou 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: b J. 762- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 2.