HomeMy WebLinkAbout1996-12-03; City Council; 13942; ACCOUNTING REPORT FOR THE ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 3286 HIGHLAND DRIVE-
ACCOUNTING REPORT FOR THE
ABATEMENT OF A PUBLIC NUISANCE LOCATED
AT 3286 HIGHLAND
RECOMMENDED ACTION:
Accept the cost accounting report as presented and ADOPT Resolution No. c)lp - Y/& de
the correct cost for the abatement of a public nuisance located at 3286 Highland, Carlsb;
ADOPT Resolution No. 96 -9 / 7 appropriating funds for the abatement of the public nuis,
the General Fund contingency fund balance.
ITEM EXPLANATION:
The City council declared the conditions existing on this property a public nuisance on Marc1
Council Resolution 96-66 gave the property owner 30 days to clear the property of items and (
which caused the public nuisance. Those items included, numerous inoperable vehicles, junk,
wood. The property owner did not meet the compliance deadline stipulated in Resolution 96-6t
The City secured an Inspection Warrant from the Municipal Court of the State of Califon
County Judicial District on July 8, 1996. This allowed the City Code Enforcement Officers tc
property with contractors to estimate the costs of abatement of the public nuisance. The 1
Warrant is attached as Exhibit 1.The City received two contract proposals from contractors
complete the abatement. The City chose to use Revlar Construction in the event abatement b
became necessary.
The City then secured an Abatement Warrant from the Municipal Court of the State of Califor
County Judicial District on July 30, 1996. At the request of McClure’s attorney, the issu
allowed the property owner an additional three weeks to remove the public nuisances from his
that deadline being August 19, 1996. The Warrant required the City to report the service of tl
along with a property inventory and disposition report to the Court. The Abatement Warrant i
On August 19, the City served the Abatement Warrant and authorized Revlar Construction 1
with the abatement of the conditions creating the public nuisance. The report of that ab:
attached as Exhibit 3.
Carlsbad Municipal Code Section 6.16.090 requires the City Manager to report to the City C
cost of the abatement, including administrative costs, and to notify the property own
Determination of Abatement Cost by Council. The cost of the abatement process is attached
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RESOLUTION NO. 96-416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DETERMINING THE CORRECT COSTS FOR ABATEMENT OF
A PUBLIC NUISANCE LOCATED AT 3286 HIGHLAND, CARLSBAD,
CALIFORNIA.
WHEREAS, the City Council passed Council Resolution 96-66 and declarec
conditions on the property located at 3286 Highland, APN 205-060-04-00, and 2
05-00 a public nuisance on March 5, 1996, and
WHEREAS, the owner of said property based on the last equalized assess
or the supplemental roll is Audrey B. Miller, and
WHEREAS, the Municipal Court issued a warrant for the abatement of sai
nuisance on July 30, 1996 to be executed within 14 days of August 19, 1996, t
WHEREAS, the City executed the warrant on August 19 through August
and
WHEREAS, the City did contract with and did pay Revlar Construction $1
for the abatement of said public nuisance, and
WHEREAS, the City received a rebate from Revlar's Metal Recycle contra
amount of $232.70, and
WHEREAS, the City staff has performed additional administrative work ai
photographic documentation with a value of $2,409.36 for the abatement of sal
nuisance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
follows:
1.
2.
That the above recitations are true and correct.
That the above amounts, totaling $1 5,630.66 shall be a special ass€
against the property or a lien against the subject property.
3. That the special assessment or lien may be made to the tax assesso
payments not to exceed five consecutive payments.
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4. That the payment of assessment so deferred shall bear interest at the
six (6) percent per year.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City COL
City of Carlsbad, California, held on the 3rd day of December
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall and Finnila
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk \
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RESOLUTION NO. 96-417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROPRIATING FUNDS FOR THE ABATEMENT OF A PUBLIC
NUISANCE LOCATED AT 3286 HIGHLAND.
WHEREAS, the City Council passed Council Resolution 96-66 and declared t
conditions on the property located at 3286 Highland, APN 205-060-04-00, and 20
00 a public nuisance on March 5, 1996, and
WHEREAS, the Municipal Court issued a warrant for the abatement of said p
nuisance on July 30, 1996 to be executed within 14 days of August 19, 1996, an
WHEREAS, the City executed the warrant on August 19 through August 23,
and
WHEREAS, the City did contract with and did pay Revlar Construction $13,4
the abatement of said public nuisance, and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the Citi
Carlsbad, as follows:
1.
2.
That the above recitations are true and correct.
That the appropriation of $1 3,454.00 from the General Fund unappror
fund balance be transferred to the Building Department Miscellanleous Professional
(001 -820-361 0-2479) is hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci
held on the 3rd day of December , 1996, by the following vote, ti
AYES: Council Members Lewis, Nygaard, Hall and Finnila
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
- , AidLLG- ALETHA L. RAUTENKRANZ, City Clerk I
(SEAL)
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2.
' * ' Page Two of Agenda Bille. I 3 i q Y ?, 0
The Building Department authorized a payment warrant to Revlar construction in the amount (
$13,454.00 to pay for their contract with the City for the abatement. That payment was made f
Building Department account for professional services. That account is normally used to pay f
Building department Plan Check services with a private consultant. Staff is requesting an appr
from the contingency account balance to fund the abatement contract of $13,454.00.
FISCAL IMPACT:
The City has expended $15,630.66 to date in the abatement of the public nuisance on I
property. Those costs are detailed in Exhibit 6 of this agenda bill. Costs include staff time a
paid to a private contractor for the actual abatement and reporting of the abatement. In accor
the Municipal code Section 6.16.100, the cost shall be :
(1) A personal obligation of the person causing, committing, or maintaining the nuisance;
(2) A personal obligation of the property owner; and a
(3) Special assessment or a lien against the subject property.
In accordance with the Municipal Code, should The City Council approve the cost report resc
record the lien against the property with the auditor of the County who shall enter the assessn
county tax roll against the property. The amount shall be collected at the time and in the
ordinary municipal Taxes.
The City Council may determine to allow the payment of the assessment via the tax rolls to 1
annual installments not to exceed five (5) and collected one installment at a time and in the
ordinary municipal taxes in successive years. Staff is recommending the property owner be
make five (5) successive payments should a tax lien be necessary and the Resolution
accordingly. Delinquent assessments are subject to the same penalties and procedure for forec
sale provided for ordinary municipal taxes. Payment of assessments so deferred shall bear intl
rate of six (6) percent per year on the unpaid balance.
City will serve the owner with a Notice of Lien for the full cost of the obligation. The City
EXHIBITS:
1.
2. Resolution No. 96 - Y / 7 Appropriating Funds
3. Inspection Warrant
4. Abatement Warrant
5. Abatement LogDisposition Report
6.
Resolution No. 9 6 - 4 1 6 Determining the Correct Cost of Abatement
Abatement of Public Nuisance at 3286 Highland Staff Time/Costs
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d) @ EXHIBIT "3"
MUNICIPAL COURT OF THE STATE OF CALIFORNIA
NORTH COUNTY JUDICIAL DISTRICT
IN THE MATTER OF DAN MC CLURE ) Violation of Carlsbad Municipal Code ) ORDER FOR INSPECTION
Section 6.16.010 1 WARMNT
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The Court having considered the affidavit of the City of Carlsbad Code
Enforcement Officer Michael Peterson, providing reasonable cause to believe
that Carlsbad resident Dan McClure (3286 Highland Drive, Carlsbad, California)
has violated Carlsbad Municipal Code Section 6.16,018 by maintaining a public
nuisance at his residence, as established by the City Council of the City of
Carlsbad on March 5, 1996 in Resolution No. 96-66,
IT IS HEREBY ORDERED:
1. That the Code Enforcement and/or police officers for the City of
Carlsbad are authorized to enter the property of Dan McClure at 3286 Highland
Drive, Carlsbad, California for the purpose of allowing staff or contractors access
to begin the process of abatement by estimating removal costs.
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2. This inspection is to be conducted while Mc. McClure or one of hi
family members is present in the home, at which time a certified copy of this
order shall be presented to the resident prior to entry of the property.
3. This warrant shall be effective for a period of not more than
fourteen (14) days from the date of execution of this order.
DATED: 1 LLwd- \\ , \w
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JUDGE OF THE MUNICIPAL COURT
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MUNICIPAL COURT OF THE STATE OF CALIFORNIA
NORTH COUNTY JUDICIAL DISTRICT
IN THE MATTER OF DAN MC CLURE ) Violation of Carlsbad ORDER FOR NUISANCE
ABATEMENT WARRANT 1
Municipal Code Section 1 1 1 1
6.16.010
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The Court having considered the affidavit of the City
of Carlsbad Code Enforcement Officer Michael Peterson,
providing reasonable cause to believe that Carlsbad residen
Dan McClure has violated Carlsbad Municipal Code Section
6.16.010 by maintaining a nuisance at his properties locate
at 3286 Highland Drive, Carlsbad, California, as establishe
by the Carlsbad City Council of the City of Carlsbad on
March 5, 1996 in Resolution No. 96-66;
IT IS HEREBY ORDERED THAT:
1. Code Enforcement and/or police officers for the
City of Carlsbad as well as the City's designated contract0
are authorized to enter the properties for the purpose of
removing the items constituting the nuisance thereon.
2. This abatement is to be conducted while Mr.
McClure or his attorney is present on the property, at whic
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time a certified copy of this order shall be presented to
him.
3. This warrant shall be effective for a period of
ws+ 14 not more than fourteen (14) days from the date of &.
4. Once served, a copy of the warrant shall be
returned to the court with a notation of its service along
with an inventory of the items removed and their
disposition.
1494
JUDGE OF THE MUNICIPAL COURT
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e 0 EXHIBIT “5“
Abatement Log: 3286 Highland
8- 19-96
8:30 a.m. Officers Kelley and Kellogg arrived to serve warrant. McClure would
not answer the door, but McClure agreed to accept warrant under the door
acknowledging its purpose and content. Contractor was instructed to begin the
abatement. Officer Kellogg awoke residents of illegally occupied recreational
vehicle and accessory structure and told them of the abatement and instructed the
occupants to make arrangements to move their personal possessions and/or
vehicles prior to the abatement. McClure stated he did not care which vehicles
were left behind as allowable inoperables. McClure’s friend “Bud” arrived and
instructed us as to which vehicles McClure wanted to keep. He determined to
leave behind: Corvair Ca lic.DBK863
Jeep Ca lic.HLF825
Chevrolet Sedan Ca lic.3AFT942
VW sedan (Bug) Ca lic. SLC750
These vehicles were inoperable and registered to McClure. Two other-operable
vehicles registered to Mr. McClure were allowed to remain.
They were: Chevrolet Luv Pick-up
Dodge Van Ca. lic. 1U66071
9:OO
10:30
one McClure had filled since Thursday 8-1 5-96.
10:45
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items. He was advised of warrant and told McClure has a copy. Another friend
arrived to begin moving items into garage at rear of property.
Revlar’s four person clean up crew and supervisor began to work.
Coast Waste arrived to drop of a trash container and picked up the
Revlar’s “Bobcat” tractor arrived. Wood scraps removal begun.
Lee’s scrap iron dropped recyclable metals bin.
Mr. Miller arrived w/ friend. Questioned City authority to remove
200 Titan Towing arrived to remove inoperable Mustang sedan from
property w/ McClure’s permission (Calif Lic. STA 958 - not currently registered)
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miscellaneous motorcycle parts w/ McClure’s permission.
3:15
Mr. Miller removed Kawasaki motorcycle from property w/
Adams Towing removed following inoperable vehicles:
Blue Honda sedan CA 765FNM
White Ford CA HLE447
8-20-96
8:30 a.m. Adams towing removed following inoperable vehicles:
Blue Chrysler Imperial CA HLE824
Yellow Honda Sedan CA 996ETU
Orange Honda Sedan No Plates
Green Honda Sedan CA 486WYN
Orange Honda Sedan CA 553 BTC
Blue Ford No Plates
Yellow Honda Sedan CA 445 FZJ
Revlar continued removing junk, trash, piles of wood, and metal scrap.
8-21 -96
Revlar continued removing junk, trash, piles of wood, tree trimmings and
metal scrap. Adams Towing removed the following inoperable vehicles:
White Ford Pick-up CA F90555
Blue Chevrolet CA HLE446
8-22-96
Revlar continued removing junk, trash, piles of wood, tree trimmings and
metal scrap. Adams Towing removed the following inoperable vehicles:
Brown Honda 1 BIS910
Blue Rambler No Plates
Gray Honda sedan No Plates
Chevrolet panel truck No Plates
Boat w/ trailer No Plates
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S&R Towing removed Model A body and frame w/ permission of Mr.
McClure. Dodge motorhome CA 224WZZ removed by Carpenter’s
Towing at request of R-V owner Mr. Robert Smith.
8-23-96
Revlar completed clean up, continued removing junk, trash, piles of wood,
tree trimmings and metal scrap.
END OF REPORT
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INVENTORY AND DISPOSITION OF ITEMS FROM McCLURE
PROPERTY ABATEMENT - 3286 HIGHLAND
INVENTORY:
6 - 40 cubic yard bins of miscellaneous wood, tree trimmings, trash, junk.
4 - 30 cubic yard bins of scrap iron, metals, auto parts, motorcycle parts.
2 - Bobtail truckloads of scrap lumber.
3 - Dump truck loads scrap wood and tree trimmings
1 - Dump truck load of old automobile and motorcycle tires.
Automobiles - by City’s contractor - 16 as previously listed
- by owner - Model A frame and body
Motorhome - towed to
Oceanside at owner’s request.
Inoperable vehicles, registered to McClure left on the property:
Yellow Chevrolet sedan CA 3AFT942
Blue Chevrolet Corvair CA DBK863
Blue VW Bug CA SLC750
Green Jeep CA HLF825
DISPOSITION OF ITEMS:
All junk, trash, and wood was transported to the public dump by the City’s
contractor. All recyclable metals were transported to Lee’s Scrap Metals in
Vista California. All used automotive and motorcycle tires were hauled to
a recycler by the City’s contractor. All inoperable automobiles were towed
to storage yards by the contractor’s subcontractor. They may be recovered
by the registered owner for towing and storage costs or the storage
operator may gain title through the lien process and dispose of them in
accordance with the Vehicle Code requirements.
END OF REPORT
' : - e 0 EXH'B'T !I6''
STAFF TIME FOR ABATEMENT OF PUBLIC NUISANCE @, 3286 HIGHLAND
Staff Hours to date:
Date Inspector Hours Total hours
8- 19-96 Pat Kelle y . 8:30 -1 1100 2.5
Gene Kellogg. 8130 - 4:OO 6.5
8-20-96 Gene K. 8130 - 3:30 6
8-21-96 Gene K. 8:30 - 3:30 6
8-22-96 Gene K. 8130 - 3:OO 5.5
Pat K. 11 :oo - 12:oo 1
8-23-96 Gene K. Final Photos 1
Pat K. Report Writing 4
8-26-96 Pat K. Report Writing 4
9-1 1-96 Pat K. Report Writing 4
9-25-96 Barbara Nedros Agenda Bill Writing 4
Unknown PatK. Council Hearing 2
Unknown MikeP. Council Hearing 2
costs: Fully Burdened Hourly Rates:
Name Hours Ratemour Totals
Gene Kellogg: 25 24.44 $61 1
Pat Kelley 17.5 41.18 720
Mike Peterson 22 31.84 700
Barbara Nedros 4 23.24 92
Film and Processing Cost 286.36
Revlar Construction 13,454.00
SUBTOTAL 15,863.36
$232.70 Less rebate from metal recycler
$ 15,630.66 _-_-_--- _-__-__--- TOTAL
END OF REPORT