Loading...
HomeMy WebLinkAbout1997-10-28; City Council; 14406; TO AMEND CHAPTER 6.16 OF THE CARLBAD MUNICIPAL CODE REGULATING NUISANCE ABATEMENT\D I cn 2 0 2 al 0 4. N 8 G *rl a k 0 a a, u 3 a 0 M u G vi -I .rl 2 2 U b o\ \ co N 1 0 I+ S 0 .- CI - B .- 0 S 3 0 0 AB# &!h%~ TITLE: To amend Chapter 6.16 of the Carlsbad DEPT. HD. CITY ATTY MTG. /og-28-47 DEPT. CA CITY MGR. Municipal Code regulating nuisance abatement. RECOMMENDED ACTION: IntroduceOrdinance No. N.5 - 426 , amending Chapter 6.16 of the Carlsbad Munici Code to clarify the regulation of public nuisance abatement on private property. ITEM EXPLANATION: Chapter 6.16 allows the City Council to make a determination that a public nuisa exists on private property, and to have the City rectify the nuisance if the propc owner fails to do so. This amendment clarifies that this alternative does not creat mandatory duty on the part of the City to abate a nuisance on private property. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. R,$ c 5‘26 a 2. Exhibit “A. - Redlined/Strikeout Version 1 2 3 4 5 6 7 8 9 10 11 12 13 Dm 22 CrKA a08 A"W2 AN 14 m 604_6 .EdZ aG>c ft ,g 15 <>ma ZWW" 0Z-l- 16 En%o 002 k8Y 17 cc"% - Qm,? 0 18 19 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO. NS-426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE The City Council of the City of Carlsbad, California, does ordai follows: SECTION 1: That existing Title 6, Chapter 6.16 of the Carl Municipal Code is amended to read as follows: Chapter 6.1 6 NUISANCES* Sections: I. Generally 6.1 6.01 0 Defined. 6.16.020 6.1 6.030 6.1 6.040 Hearing-Decision of Council. 6.1 6.050 6.16.060 Failure to abate nuisance. 6.16.070 6.16.080 6.1 6.090 6.16.100 6.16.1 10 Determination of nuisance on real property-Contents of re so I u t io n - Posting resolution on property. Posting and mailing resolution declaring nuisance. Account of cost of abatement to be kept. Copies of report of abatement cost to be posted and mailed. Determination of abatement cost by Council. Abatement cost to be lien against property. Collection of cost of abatement. 11. Obstructing Drainage Course 6.16.120 Declared nuisance. 6.16.130 Procedure for abatement. 6.16.140 No mandatory duty. "For provisions regarding animal nuisances, see Section 7.04.010 of this code. I. Generally 6.16.010 Defined. The existence of real property within the city: A. B. In a condition which is adverse or detrimental to public F health, safety or general welfare; or Which is maintained so as to permit the same to becoi defective, unsightly, dangerous or in a condition of deterioration or disrepair I the same will, or may cause harm to persons, or which will be materially detrir 1 2 3 4 5 f3 7 8 9 10 11 12 am rnwz 22 rruA l3 <os 0wg 3UCJ 2055 Ed= 0au 15 C'->g 9 045 SL%U 2 2 $ x 16 &? aod g 2 $ j7 18 19 20 21 22 23 24 25 26 27 28 0 14 0 0 a e to property or improvements located in the immediate vicinity of such real pro1 is declared to constitute a public nuisance. 6.1 6.020 Determination of nuisance on real propertv-Contents of resoluti Whenever it is alleged to the City Council that there exists on an) property in the City a public nuisance as defined in Section 6.16.010, the Cc shall pass a resolution: Describing the real property upon which the public nuisar alleged to exist by street address or such other description as is reaso necessary to identify it. (Such real property will hereinafter be referred to a subject property); A. B. Declare its intention to: 1. Hold a public hearing at a specified time and pla hear and consider any and all evidence and objections regarding whether a I nuisance exists as alleged on the subject property, 2. on the subject property, State that if a public nuisance is found to exist on the SI property, the Council will order the abatement thereof at the expense of the pe creating, causing, committing or maintaining it, and may make the cost of abatement a: 1. Personal obligation of the person creating, cal committing or maintaining the public nuisance, 2. Personal obligation of the property owner of the SI property, and a 3. Special assessment against the subject property. 6.16.030 Postinq resolution on property. At least five days before the date specified in the resolution descrit Section 6.16.020, the building and planning director shall cause a copy or cor such resolution to be conspicuously posted on or in front of the subject prope posting at least the following: A. One notice for the subject property of up to fifty feet of B. Two notices for the subject property of more than fifty fet up to one hundred feet of street frontage; C. Notices at not more than one hundred feet apart if the frontage of the subject property is greater than one hundred feet; and the bt and planning director shall cause a copy of such resolution to be mailed ta person to whom the subject property is assessed in the last equalized asses roll available on the date the resolution was adopted by the council. 6.1 6.040 Hearina-Decision of Council. At the time and place specified in the resolution described in S 6.16.020, the council shall hear and consider any and all evidence and obje regarding the alleged public nuisance. It may continue the hearin< consideration from time to time, and shall, at the conclusion thereof, determ resolution whether or not a public nuisance exists on the subject property Determine whether or not such a public nuisance C. frontage; 2 1 2 3 4 5 ' 7 8 9 10 11 12 9m caw? l3 &Zob an8 ow: 5LW 2055 $22 l4 15 L?->g OnL ZW")" g g g g 16 kg% 40-1 c 2 9 l7 18 19 20 21 22 23 24 25 26 27 28 ")> :;Q 0 0 0 determination of the Council shall be final. If it is determined that a public nuis does exist on the subject property, the resolution so determining Shall also c state and determine as follows: A. That the public nuisance shall be abated; B. The factors, things, conditions or otherwise, which caul constitute the public nuisance; C. The acts necessary to abate such public nuisance, inch but not limited to repair, rehabilitation, demolition or removal; D. The date before which the owner of the property or the pe creating, causing, committing or maintaining such public nuisance will be allom abate it; and That if such public nuisance is not abated on or before date, that the Council may cause the abatement thereof and may makc expense of abatement a personal obligation of the person creating, cai committing or maintaining the public nuisance, a personal obligation of the prc owner of the subject property, and a special assessment against the SI property or a lien against the subject property. 6.1 6.050 Postina and mailina resolution declarinq - nuisance. At least five days prior to the date stated in subparagraph (4) of St 6.16.040, the building and planning director shall cause a copy or copies of resolution mentioned in Section 6.16.040 to be posted and mailed in the manner as stated in Section 6.16.030. 6.16.060 Failure to abate nuisance. E. The following provisions will apply for failure to abate a nuisance: In the event such public nuisance is not abated on or t the date described in subparagraph (4) of Section 6.16.040, the City Manager be authorized and directed by the Council to cause the abatement thereof b agents, employees or by private contract,. and in connection therewith sucl agents or employees, or such private contractors and their employees, may upon the subject property to abate the nuisance; Notwithstanding any other provision of this code, fail1 abate such public nuisance on or before the date described in subparagraph Section 6.16.040, when ordered to do so in accordance with the provisions ( chapter, or state law where such state law is applicable, is a misdemeanor. 6.16.070 Account of cost of abatement to be kept. The City Manager shall cause to be kept an account of the cost of abatement and related administrative costs, and upon completion thereof, th Manager shall write a report stating the cost thereof and shall therein speci time and place at which the Council will receive and consider such report, to! with any objections thereto. 16.080 Copies of report of abatement cost to be posted and mailed. At least five days prior to the date described in Section 6.16.070, th Manager shall cause a copy or copies of such report mentioned in S 6.16.070, to be posted and mailed in the same manner as stated in S 6.1 6.030. A. B. 3 1 * 3 4 5 6 7 8 9 10 11 12 am 13 a08 14 JOW8 so55 ciz d->C o a g 15 :;sz zwv) g z $ x 16 E:; g z 3 l7 18 SW? 2$& JLO <OJ 0 19 20 21 22 23 24 25 26 27 28 W 0 6,16,090 Determination of abatement Gost by Gouncil, At the time and place specified in the report, the Council shall heal consider any and all evidence and objections regarding the cost of abatement. hearing and consideration may be continued from time to time and up01 conclusion thereof, the Council shall, by resolution: Determine the correct abatement cost; If necessary, modify such report to conform to such cc Confirm the report as presented or modified; State the date of the abatement order; Determine and state the correct legal description of the SI property, the correct county assessor’s parcel number, the street address an name and address of the recorded owner based on the last equalized asses: roll or the supplemental roll, whichever is more current. The decision of the Council shall be final. A. B. abatement cost; C. D. E. 6.16.100 Abatement cost to be lien aqainst propertv. The cost of abatement, as confirmed, shall be a: A. Personal obligation of the person creating, causing, comn or maintaining the nuisance abated; B. Personal obligation of the property owner of the SI property; and a C. Special assessment against the subject property or i against the subject property. 6.16.110 Collection of cost of abatement. The cost of abatement, as confirmed, may be collected by the City by i all of the following or any other lawful means: Recordation in the office of the County Recorder of a ce copy of such resolution confirming such report so as to give notice of the lien; 1. Prior to recordation, a notice of lien shall be sew1 the owner of record in the same manner as a summons in a civil acti of Part 2 of the Code of Civil Procedure. If the owner of record after diligent s cannot be found, the notice may be served by posting a copy thereof conspicuous place upon the property for a period of ten days and publil thereof in a newspaper of general circulation in San Diego County, The lien shall be recorded in the County Reco office and from the date of recording shall have the force, effect and priorit judgment lien and may be foreclosed by an action brought by the City for a r judgment, The City may recover from the property owner any incurred regarding the processing and recording of the lien and providing no! the property owner as part of its foreclosure action to enforce the lien, In the event that the lien is discharged or relea: satisfied, either through payment or foreclosure, notice of the discharge cont the amount of the lien, the date of the abatement order, the street address description, assessor’s parcel number, and the name and address of the rec A. accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of - 2. 3. 4. owner shall be recorded in the County Recorder‘s office: 4 1 2 3 4 5 6 7 8 9 lo 11 12 4- 13 mu? Yr 14 ou&j 5UU 2055 Ed2 KG> n 02 15 S&%U gZ$z 16 Mi$ 17 18 19 20 21 22 23 24 25 26 27 28 %:$ -J ‘Ui <OJ 0 czz - 0 0 B. C. Civil action by the City; Filing a certified copy of such resolution confirming such r with the auditor of the county who shall enter the assessment on the county t2 opposite the subject property. The amount of the assessment shall be collect the time and in the manner of ordinary municipal taxes. If delinquent, the amo subject to the same penalties and procedures of.foreclosure and sale providc ordinary muniGipal taxes, The legislative body may determine that in lit collecting the entire assessment at the time and in the manner of ordinary mun taxes, such assessment of fifly dollars or more may be made in annual installr in any event not to exceed five, and collected one installment at a time at the and in the manner of ordinary municipal taxes in successive years. li installment is delinquent, the amount thereof is subject to the same penaltie! procedure for foreclosure and sale provided for ordinary municipal taxes. payment of assessments so deferred shall bear interest on the unpaid balar the rate of six percent per year; D. In addition to any other costs of abatement under this cht upon the entry of a second or subsequent civil or criminal judgment within E year period in which the owner of real property is responsible for a conditio1 may be abated under this chapter, except for conditions under the State Ho Law (Health and Safety Code section 17980), a court may order the property ( to pay treble the costs of the abatement. 11. Obstructing Drainage Course 6.1 6.120 Declared nuisance. course in the City is declared to constitute a nuisance. 6.16.130 Procedure for abatement. Any obstruction to the free flow of drainage water in a natural dra The procedure for the abatement of such a nuisance shall be as follows Once such a nuisance is alleged to exist on certain pro the City Council shall cause a written notice thereof to be mailed to the per: whom such property is assessed in the last assessment role available on the of mailing, of the time and place for hearing objections and testimon) determination of whether or not such a nuisance exists. Such notice sh mailed at least five days prior to the time of hearing; At the time and place stated in the notice, the Council hear and consider all objections and testimony regarding whether or not such nuisance exists, and following such hearing shall decide such question. hearing may be continued form time to time; If the Council decides that such a nuisance does exist, i cause the abatement thereof and the cost of such abatement shall be a s assessment or a lien against the property on which it is maintained and a pe obligation against the property owner, and may be collected pursuant 1 provisions of Government Code sections 38773, 38773.1, 38773.5 and applicable statutes. A. B. C. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 9m mw? i;zcb <n8 14 Ow% Z!U, 204s Ed= d->K qonB 15 aka? ZW*O Easa *OJ *> oz-’- 16 582 c%j 17 ii 18 19 20 21 22 23 24 25 26 27 28 e 0 6.16.140 No mandatorv dutv. Nothing in this chapter is intended to create a mandatory duty on beh the City or its employees under the Government Tort Claims Act and no cau action against the City or its employees is created by this chapter that wouE arise indepdendently of the provisions of this chapter. EFFECTIVE DATE: This ordinance shall be effective thirty days aft adoption; and the city clerk shall certify the adoption of this ordinance and cai to be published at least once in a newspaper of general circulation in the C Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac Council on the - day of , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Cour the City of Carlsbad on the - day of , 1997, by the following vote, to wi AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY ,. RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 6 1 2 3 4 5 6 7 8 9 10 11 12 Om 13 m> $263 <:08 5UU ow: 14 $055 ZdZ 4 OnL #<i 15 cf->g S&%< $$$: 16 slug Fsi 601 2 c 9 ’ 7 0 18 19 20 21 22 23 24 25 26 27 28 0 0 EXHIBIT “A” Chapter 6.1 6 NUISANCES* Sections: I. Generally 6.1 6.01 0 Defined. 6.1 6.020 6.1 6.030 6.1 6.040 Hearing-Decision of Council. 6.16.050 6.1 6.060 6.16.070 6.16.080 6.1 6.090 6.16.100 6.16.1 10 Determination of nuisance on real property-Contents of resolution. Posting resolution on property. Posting and mailing resolution declaring nuisance. Failure to abate nuisance. Account of cost of abatement to be kept. Copies of report of abatement cost to be posted and mailed. Determination of abatement cost by Council. Abatement cost to be lien against property. Collection of cost of abatement. 11. Obstructing Drainage Course 6.16.120 Declared nuisance. 6.1 6.1 30 Procedure for abatement. *For provisions regarding animal nuisances, see Section 7.04.010 of this code. I. Generally 6.16.010 Defined. The existence of real property within the city: In a condition which is adverse or detrimental to public p neral welfare; or Which is maintained so as to permit the same to becor , dangerous or in a condition of deterioration or disrepair s the same will, or may cause harm to persons, or which will be materially detrir to property or improvements located in the immediate vicinity of such real prc is declared to constitute a public nuisance. 6.1 6.020 Determination of nuisance on real property-Contents of resolut Whenever it is alleged to the City Council that there exists on an property in the City a public nuisance as defined in Section 6.16.010, the C Describing the real property upon which the public nuisa alleged to exist by street address or such other description as is reasc necessary to identify it. (Such real property will hereinafter be referred to , subject property); c' 1 2 3 4 5 6 7 8 9 10 11 12 0 0 its intention to: Hold a public hearing at a specified time and plac d all evidence and objections regarding whether a p Determine whether or not such a public nuisance E State that if a public nuisance is found to exist on the su xpense of the per make the cost of Personal obligation of the person creating, cau the public nuisance, Personal obligation of the property owner of the SL Special assessment against the subject property. hear and co nuisanceex on the subject property, on the subjec property, the Council will order the abatement thereof at creating, causing, committing or maintaining it, and W , abatement a: committing or maint property, and a 6.1 6.030 Postinq resolution on DroDertv. At least five days before the date specified in the resolution describl Section 6.16.020, the building and planning director shall cause a copy or copi such resolution to be conspicuously posted on or in front of the subject propel 18 19 2o 21 22 23 roll available on the date the resolution was adopted by the council. 6.16.040 Hearinq-Decision of Council. At the time and place specified in the resolution described in SI 6.16.020, the council shall hear and consider any and all evidence and obje regarding the alleged public nuisance. It may continue the hearins resolution whether or not a public nuisance exists on the subject property. determination of the Council shall be final. If it is determined that a public nui does exist on the subject property, the resolution so determining shall also state and determine as follows: consideration from time to time, and shall, at the conclusion thereof, determi +’ 1 2 3 4 5 6 7 8 9 0 abate it; and date, that the council wtl+ expense of abate committing or maintaining the public nuisance, a personal obligation of the pro owner of the subject property, and a special assessment against the su property or a lien against the subject property. 6.16.050 Postinq and mailina resolution declarina nuisance. At least five days prior to the date stated in subparagraph (4) of Se 6.16.040, the building and planning director shall cause a copy or copies of resolution mentioned in Section 6.16.040 to be posted and mailed in the : manner as stated in Section 6.16.030. ch public nuisance is not abated on cause the abatement thereof and W rsonal obligation of the person cre 3055 055a: 9,2% 0 15 ZL-%!a ““9111 00s $E3 >-I2 ozJ? 16 gp; ” 18 19 20 21 22 23 24 25 26 27 28 0 uisance on or before the date described in subparagraph ( Section 6.16.040, when ordered to do so in accordance with the provisions o chapter, or state law where such state law is applicable, is a misdemeanor. 6.16.070 Account of cost of abatement to be kept. The City Manager shall cause to be kept an account of the cost of abatement and related administrative costs, and upon completion thereof, thc Manager shall write a report stating the cost thereof and shall therein specif time and place at which the Council will receive and consider such report, tog with any objections thereto. 6.16.080 Copies of report of abatement cost to be posted and mailed. At least five days prior to the date described in Section 6.16.070, thc Manager shall cause a copy or copies of such report mentioned in Sc 6.16.070, to be posted and mailed in the same manner as stated in Sc 6.16.030. 6.1 6.090 Determination of abatement cost bv Council. At the time and place specified in the report, the Council shall hea hearing and consideration may be continued from time to time and up0 conclusion thereof, the Council shall, by resolution: Determine the correct abatement cost; If necessary, modify such report to conform to such c consider any and all evidence and objections regarding the cost of abatement 3 ** ’ 2 3 4 5 6 a e abatement cost; Confirm the report as presented or modified; State the date of the abatement order; Determine and state the correct legal description of the su~ property, the ct county assessor‘s parcel number, the street address anc name and address of the recorded owner based on the last equalized assesst roll or the supplemental roll, whichever is more current. The decision of the Council shall be final. 6.16.100 Abatement cost to be lien auainst ProDertv. 11 12 00, an8 13 jU, Ow% 14 205s cr= oou 15 2->g s -a- S&$ “U%O kg$ aoA 225 l7 Go 18 19 2o 21 22 23 24 25 “z (33& OZ-’? 16 0 26 27 28 6.16.110 Collection of cost of abatement. or any other lawful means: The cost of abatement, as confirmed, may be collected by the City by a Recordation in the office of the County Recorder of a cei copy of such resolut‘ Prior to recordation, a otice of lien shall be servc the owner of record in the same manner as summons in a civil actic accordance with Article 3 (commencing with Secti 415.10) of Chapter 4 of 1 of Part 2 of the Code of Civil Procedure. If the owner of record after diligent sc cannot be found, the notice may be served by posting a copy thereof conspicuous place upon the property for a period of ten days and public general circulation in San Diego County, thereof in a newspa The lien shall be recorded in the County Reco office and from the of recording shall have the force, effect and priorit) judgment lien and may be foreclosed by an action brought by the City for a r~ judgment , The City may recover from the property owner any incurred regarding t cessing and recording of the lien and providing noi the property owner of its foreclosure action to enforce the lien, In the event that the lien is discharged or releas satisfied, either thro ayment or foreclosure, notice of the discharge cont the amount of the lien, the date of the abatement order, the street address description, assessor’s parcel number, and the name and address of the rec owner shall be recorded in the County Recorder’s office; nfirming such report so as to give notice of the lien; Civil action by the City; Filing a certified copy of such resolution confirming such with the auditor of the county who shall enter the assessment on the county t opposite the subject property. The amount of the assessment shall be collec the time and in the manner of ordinary municipal taxes. If delinquent, the am( 4 1 2 3 4 5 6 7 8 9 10 11 12 Gz& l3 aaOo jU, ow2 14 2055 EA= n 0 0 2 15 2;sz zwmo ““90 E:? <ad g z 3 l7 18 Dm SWF m> d->U 0Z-l - 16 0 19 2o 21 22 23 24 25 26 27 28 w e installment is delinquent, the amount thereof is subject to the same penalties procedure for foreclosure and sale provided for ordinary municipal taxes. payment of assessments so deferred shall bear interest on the unpaid balani the rate of six percent per year; In addition to any other costs of abatement under this chs upon the ent a second or subsequent civil or criminal judgment within a year period in which the owner of real property is responsible for a condition may be abated under this chapter, except for conditions under the State HOI Law (Health and Safety Code section 17980), a court may order the property o to pay treble the costs of the abatement. 11. Obstructing Drainage Course 6.16.120 Declared nuisance. course in the City is declared to constitute a nuisance. 6.1 6.1 30 Procedure for abatement. Any obstruction to the free flow of drainage water in a natural drai re for the abatement of such a nuisance shall be as follows: Once such a nuisance is alleged to exist on certain pror all cause a written notice thereof to be mailed to the persc whom such property is assessed in the last assessment role available on the of mailing, of the time and place for hearing objections and testimony determination of whether or not such a nuisance exists. Such notice sh2 mailed at lea At the time and place stated in the notice, the Council hear and consider all objections and testimony regarding whether or not SL nuisance exists, and following such hearing shall decide such question. hearing may If the Council decides that such a nuisance does exist, it cause the abatement thereof and the cost of such abatement shall be a sy assessment or a lien against the property on which it is maintained and a per obligation against the property owner, and may be collected pursuant tc applicable statutes. days prior to the time of hearing; ntinued form time to time; provisions of Government Code sections 38773, 38773.1, 38773.5 and (Deletions are lined out and additions are highlighted.)