HomeMy WebLinkAbout1997-11-04; City Council; 14419; AMENDMENT OF NUISANCE ABATEMENT REGULATIONS*.
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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.
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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.
6.1 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
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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.
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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
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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,
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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.
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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: