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HomeMy WebLinkAbout1997-11-04; City Council; 14419; AMENDMENT OF NUISANCE ABATEMENT REGULATIONS*. z 9 + 0 4 El z 2 0 0 ClTaOF CARLSBAD - AGENW BILL 20 - AB # - TITLE: AMENDMENT OF NUISANCE DEP MTG. 11/4/97 ABATEMENT REGULATIONS CIT' DEPT. CLK CIF RECOMMENDED AGTIQN; Adopt Ordinance No. NS-426, amending Title 6, Chapter 6.16, of the Carlsbad Munic Code to clarify the regulation of public nuisance abatement on private property. ITEM EXPLANATION Ordinance No. NS-426 was introduced and first read at the City Council meeting held October 28, 1997. The second reading allows the City Council to adopt the ordinance wk would then become effective in thirty days. The City Clerk will have the ordina published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 14,406 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-426. I 1 1 2 3 4 5 6 7 8 9 IO 11 12 00, 408 ow2 5UO 2055 14 E22 ci->g monk 15 -1 043 SL%U “a50 002 $83 17 ps is sIJJ3J 32 ua& 13 Ozd? 16 18 19 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO. NS-426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE The City Council of the City of Carlsbad, California, does ordai follows: SECTION 1; That existing Title 6, Chapter 6,16 of the Carl’ Municipal Code is amended to read as follows: Chapter 6.1 6 NUISANCES* Sections: I. Generally 6.1 6.01 0 Defined. 6.1 6.020 6.16.030 Posting resolution on property. 6.16.040 Hearing-Decision of Council. 6.1 6.050 6.1 6.060 6.16.070 6.16.090 6.16.100 6.16.1 IO Determination of nuisance on real property-Contents of resolution. Posting and mailing resolution declaring nuisance. Failure to abate nuisance. Account of cost of abatement to be kept. Determination of abatement cost by Council. Abatement cost to be lien against property. Collection of cost of abatement. 6.16.080 Copies of report of abatement cost to be posted and mailed. 11. Obstructing Drainage Course 6.1 6.1 20 Declared nuisance. 6.16.130 Procedure for abatement. 6.16.140 No mandatory duty. ‘For provisions regarding animal nuisances, see Section 7.04.010 of this code. I. Generally 6.16.010 Defined. The existence of real property within the city: A. B. In a condition which is adverse or detrimental to public I: health, safety or general welfare: or Which is maintained so as to permit the same to becor defective, unsightly, dangerous or in a condition of deterioration or disrepair s the same will, or may cause harm to persons, or which will be materially detrin I 1 2 3 4 5 6 7 8 9 10 11 12 %m ~wZ 32 KCrk l3 Ur38 Ow8 2ILO 14 203s .FA2 a E,SK ag 15 ~oa a>m$ zwu10 g z !$ O 16 Loo$ a0-I g $! $ l7 18 19 20 21 22 23 0 0 24 25 26 27 28 0 e to property or improvements located in the immediate vicinity of such real prop1 is declared to constitute a public nuisance. 6.1 6.020 Determination of nuisance on real proDerty-Contents of resolutio Whenever it is alleged to the City Council that there exists on any property in the City a public nuisance as defined in Section 6.16.010, the Coi shall pass a resolution: Describing the real property upon which the public nuisanc alleged to exist by street address or such other description as is reason necessary to identify it. (Such real property will hereinafter be referred to as subject property); A. 6. Declare its intention to: 1. Hold a public hearing at a specified time and plac hear and consider any and all evidence and objections regarding whether a p nuisance exists as alleged on the subject property, 2. Determine whether or not such a public nuisance e on the subject property, State that if a public nuisance is found to exist on the su property, the Council will order the abatement thereof at the expense of the per creating, causing, committing or maintaining it, and may make the cost of abatement a: Personal obligation of the person creating, cau committing or maintaining the public nuisance, Personal obligation of the property owner of the su property, and a Special assessment against the subject property. C. I. 2. 3. 6.16.030 Postinq resolution on proPertv. At least five days before the date specified in the resolution describc 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 proper posting at least the following: A. One notice for the subject property of up to fifty feet of : frontage; B. Two notices for the subject property of more than fifty fee 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 bL and planning director shall cause a copy of such resolution to be mailed to 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 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 hearing consideration from time to time, and shall, at the conclusion thereof, determi resolution whether or not a public nuisance exists on the subject property. 2 1 2 3 4 5 6 7 8 9 10 11 12 l3 AU, soaj4 14 eG>g nu. 15 nul 52 ow: c1= 3WZ %E$ :;32 Zucn K~zn o z A ' 16 E:? a02 p4 l7 60 18 19 20 21 22 23 24 25 26 27 28 a 0 determination of the Council shall be final. If it is determined that a public nuisi does exist on the subject property, the resolution so determining shall also o state and determine as follows: A. That the public nuisance shall be abated; B. The factors, things, conditions or otherwise, which caus 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 per creating, causing, committing or maintaining such public nuisance will be allowt 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, cau 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 mailinq 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. 6.16.060 Failure to abate nuisance. E. committing or maintaining the public nuisance, a personal obligation of the pro The following provisions will apply for failure to abate a nuisance: A. In the event such public nuisance is not abated on or k be authorized and directed by the Council to cause the abatement thereof b: agents, employees or by private contract,. and in connection therewith suc! 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, failc 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 c chapter, or state law where such state law is applicable, is a misdemeanor. 6.16.070 Account of cost of abatement Bo 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. 6.16.080 Copies of report of abatement cost to be Dosted and mailed. 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 6.16.030'. the date described in subparagraph (4) of Section 6.16.040, the City Manager B. At least five days prior to the date described in Section 6.16.070, th 3 1 * 3 4 5 6 7 8 9 10 11 12 Do) 13 SWE 32 (rub an8 OW% 2UB 14 $055 &$E o D g 15 9 #a- *>ma zwo o Krr%o z A O- 16 E:; aod c E 3 l7 18 19 20 0 a 22 23 24 *’ 26 27 28 e e 6.1 6.090 Determination of abatement cost bv Council. consider any and all evidence and objections regarding the cost of abatement. hearing and consideration may be continued from time to time and upor conclusion thereof, the Council shall, by resolution: A. Determine the correct abatement cost; B. If necessary, modify such report to conform to such cc abatement cost; C. Confirm the report as presented or modified; D. State the date of the abatement order; E. Determine and state the correct legal description of the su property, the correct county assessor’s parcel number, the street address anc name and address of the recorded owner based on the last equalized assess roll or the supplemental roll, whichever is more current. The decision of the Council shall be final. At the time and place specified in the report, the Council shall hear 6.16.100 Abatement cost to be lien against proDertv. The cost of abatement, as confirmed, shall be a: A. Personal obligation of the person creating, causing, comn or maintaining the nuisance abated; property; and a 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 a 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 servf the owner of record in the same manner as a summons in a civil acti accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of 1 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 publi The lien shall be recorded in the County Recc 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 relea5 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 owner shall be recorded in the County Recorder’s office; B. Personal obligation of the property owner of the st C. Special assessment against the subject property or E A. thereof in a newspaper of general circulation in San Diego County, 2. 3. 4. 4 I 1 2 3 4 !5 6 7 8 9 lo 11 12 13 14 15 9m ~wZ Yr Err& a08 owg iU, $055 cd= If->: go08.L u;sz zwo E$$ aoJ gcz '7 18 $$::- 16 0 19 20 21 22 23 24 25 26 27 28 0 e B. C. Civil action by the City; Filing a certified copy of such resolution confirming such rc with the auditor of the county who shall enter the assessment on the county ta 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 amoL subject to the same penalties and procedures of foreclosure and sale provide ordinary municipal taxes. The legislative body may determine that in lie collecting the entire assessment at the time and in the manner of ordinary muni taxes, such assessment of fifty dollars or more may be made in annual installrr in any event not to exceed five, and collected one installment at a time at the t and in the manner of ordinary municipal taxes in successive years. If 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 balanc the rate of six percent per year; D. In addition to any other costs of abatement under this ch; upon thepentry of a second or subsequent: civil or criminal judgment within a year period in which the owner of real property is responsible for a conditior 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 c 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. 6.16.130 Procedure for abatement. Any obstruction to the free flow of drainage water in a natural drai The procedure for the abatement of such a nuisance shall be as follows Once such a nuisance is alleged to exist on certain pro 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 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 pel obligation against the property owner, and may be collected pursuant t provisions of Government Code sections 38773, 38773.1, 38773.5 and applicable statutes. A. the City Council shall cause a written notice thereof to be mailed to the pers B. C. 5 I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 5UCS gyoB 15 UU~O 9m ~wZ &E& ang Ow% $04" zwm 4tsz Ls? 50 m> @!-gn: PZ ozd? 16 0 UOd 17 78 l9 20 21 22 23 24 p% e a. 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 woulc arise indepdendently of the provisions of this chapter. EFFECTIVE DATE: This ordinance shall be effective thirty days aftc adoption; and the city clerk shall certify the adoption of this ordinance and caL to be published at least once in a newspaper of general circulation in the Ci Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Council on the 28th day of October , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Cour the City of Carlsbad on the 4th day of November , 1997, by the following to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY e. fa,,,.L RONALD R. BALL, City Attorney /J= s'- 43- ATTEST: