HomeMy WebLinkAbout1997-10-28; City Council; 14406; TO AMEND CHAPTER 6.16 OF THE CARLBAD MUNICIPAL CODE REGULATING NUISANCE ABATEMENT\D
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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
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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
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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
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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.
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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:
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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.
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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
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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);
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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
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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
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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
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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
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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.
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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(
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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.)