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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 Z 2 0 0 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 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. t 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 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: - ALETHA L. RAUTENKRANZ, City Clerk \ J 3 2 3 4 5 6 7 * 9 . lo 11 I 2 13 1 4 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 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. Ill Ill Ill Ill Ill 111 111 ill Ill I 2 3 4 5 6 7 8 9 lo 11 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 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) - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 l9 *' 21 22 23 24 25 26 27 28 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 ) ) ) 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. I 1 2 3 4 5 6 7 8 9 10 11 12 ma an8 uw&j ?UU ~oaa 14 >iZ rrk5a gynB 15 aa%o SWZj &E& 13 m> p-;2 $9 oZJ? 16 002 Lam ov 17 QQJ 18 19 20 21 22 23 24 25 26 27 28 0 0 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 ( c LL- cui- 3 \ ,/’ 1 \ ‘ kLL.-L i( LcL.c JUDGE OF THE MUNICIPAL COURT -/ c. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 77 l8 19 20 21 22 23 24 25 26 27 28 I1 0 # 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 k 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 C.. - 1 2 3 4 5 6 7 8 9 10 11 12 $0 f?: a 13 ab8 14 -low# $055 ZdZ 15 e->g 9 ,?$ St;%< gE$z 16 E%i >2% 17 50 -lka 0 0 4o-r 18 19 20 21 22 23 24 25 26 27 28 0 0 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 2 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 1 l:oo 11:45 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) . 0 0 2:lO 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 , e 0 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 L e 0 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