HomeMy WebLinkAbout1998-03-24; City Council; 14608; Public Nuisance At 2475 Tuttle Street/4 h
clTY OF CARLSBAD - AGENLui BILL
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c SETTING A PUBLIC HEARING FOR THE DECLARATION
OF A PUBLIC NUISANCE AT
DEPT. BLD
2475 TUTTLE STREET; A.P.N. 155-160-38-00
CITY MGR
RECOMMENDED ACTION:
It is alleged that a public nuisance exists at 2475 Tuttle Street within the City of Carlsbad on
the lot identified as APN 155-160-38-00. It is recommended that the Council ADOPT
Resolution No. 98-87 setting a public hearing for A PR 1~ 7 19 9 p to hear and
consider all evidence and objections regarding this allegation. I--‘-
ITEM EXPLANATION:
The purpose of this item is for the City Council to hear any evidence or objections as to
whether the property identified as 2475 Tuttle Street, APN 155-160-38-00, is a public
nuisance.
The property consists of two houses, a storage building, pool and spa on one residential lot
located at 2475 Tuttle Street. The reason for this hearing comes from a complaint and an
investigation that found both dwellings to be substandard dwelling units when they were
occupied. Now that both units are vacant the fencing around the property has been torn
down permitting access to a pool and spa filled with stagnate water, the back house and
storage shed are open and accessible to transients and children in the neighborhood. Items of
furniture, clothing, toys, wood, used, motor oil, wood, fetal matter is scattered about the
property and in the house. These conditions are an attractive nuisance to the neighbors
potential liability to the City should a child wonder on the property and become drowned or
injured.
Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as:
The existence of real property within the City:
1. In a condition which is adverse or detrimental to public peace, health, safety or
general welfare; or
2. Which is maintained so as to permit the same to become so defective,
unsightly, dangerous or in a condition of deterioration or disrepair so that the
same will, or may cause harm to persons, or which will be materially
detrimental to property or improvements located in the immediate vicinity of
such real property; is declared to constitute a public nuisance.
The property owner has refused to make repairs, clean up the property or even secure the
property to prevent further plundering or prevent accidental death or injury to the general
public. The City has asked the property owner to make repairs, remove trash, junk and to
secure the property. This situation is potentially a liability to the City.
PAGE 2 OF AGEND;BILL NO.
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At the public hearing, staff will present evidence to show why the conditions on the property
should be declared a public nuisance and why it should be abated at the expense of the
property owner(s).
FISCAL IMPACT:
The property owner(s) are financially responsible for abating the public nuisance. The cost of
any litigation to enjoin the nuisance or enforce any abatement order may be recovered from
the property owner(s). Cost recovery methods are described within Chapter 6.16 of Carlsbad
Municipal Code, Section 6.16.110, and can be accomplished by a lien against the property,
civil action, or criminal action against the property owner(s).
EXHIBITS:
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4.
Resolution No. v -87
Location Map
Notice and Order dated December 16, 1997
Notice and Orders dated February 5, 1998
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RESOLUTION NO. 98-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA DECLARING THE CITY’S INTENTION TO HOLD A PUBLIC
HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 2475 TUTTLE
STREET, APN 155-160-38-00.
WHEREAS, the conditions which exist at 2475 Tuttle Street, Assessor’s Parcel Number
155-160-38-00, are alleged to constitute a public nuisance as defined in Title 6, Section
6.16.010 of Carlsbad Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the City has the power at both common law and by ordinance to abate
nuisances.
3. That the City Council has established procedures for the abatement of certain
nuisances within the City limits.
4. That the City Council will hold a public hearing on April 7, 1998 in the
City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California to consider
whether or not the conditions on the property described as 2475 Tuttle Street constitute a
public nuisance and will hear and consider any all evidence and objections.
5. That if a public nuisance is found to exist it will be ordered abated at the expense of
the property owner(s) and such expense shall become a lien and special assessment against
property and a personal obligation of the property owner maintaining the public nuisance.
6. That the Community Development Director of the City of Carlsbad will cause this
resolution to be posted according to law, and also cause the notice to be sent to the
property owner(s) and all parties that hold interest in the subject property that the City
Council will hold a public hearing April 7, 1998 to determine whether or
not the conditions constitute a public nuisance. Said notice shall be mailed at least ten days
prior to the hearing.
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7. That based upon the facts presented at the public hearing, the City Council will
determine whether or not a public nuisance exists, and if it exists the City Council will order
that the public nuisance be abated at the expense of the person(s) creating it and the
property owner(s).
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, California, held on the 24th day of March I 1997, by
the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
q ALETHA L.
(SEAL)
2.
4
LAS FLORES RD
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BUENA VISTA WY ‘\
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2475 Tuttle Street
Location Map
December 16, 1997
Federal Home Loan Mortgage Corp
c/o Countrywide Funding Corp
400 Countrywide Way
Simi Valley CA 93065
CERTIFIED RECEIPT # P 350 479 332
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TARE NOTICE: As the owner of the property located at 2475 Tuttle
Street, Carlsbad, you are hereby notified that you are in violation of Carlsbad
Municipal Code, Section 18.06.030, Uniform Housing Code Violations.
Violations of the Uniform Housing Code in the front house at 2475 Tuttle Street
are:
Section 1001(b)(l)
Section 1001(h)(6)
Section lOOl(b)(13)
Section 1001(c)
Section 1001(f)
Drains in the tub, sink and toilet backup and overflow.
Lack of adequate heating facilities in a dwelling unit.
General dilapidation or improper maintenance.
Hazardous electrical wiring
Hazardous plumbing, drain line from T&P valve needs to
ridged copper.
Section 1001(h) Faulty weather protection due to a leaking roof.
Section 1001(m) Lack of smoke detector in dwelling unit.
Violations of the Uniform Housing Code in the rear house at 2475 Tuttle Street are:
Section 1001(b)(l)
Section 1001(b)(6)
Section lOOl(b)(13)
Section 1001(h)
Section 1001(k)
Section 1001(m)
Drains in sink, shower, and toilet back up and overflow.
Lack of adequate heating facilities in a dwelling unit.
General dilapidation or improper maintenance.
Faulty weather protection due to a leaking roof, skylight,
and windows.
Hazardous or unsanitary premises. There is stagnant water
in the swimming pool, dead animals in the yard, and fetal
matter in the house and yard.
Lack of smoke detector in dwelling unit.
XI75 Las Palmas 131 - C;~rl:;lx~cl. CA 92009-l 576 - (760) 43%llcil- FAX (760) 438-0804
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2475 Tuttle Street
December 16, 1997
Page Two
You are hereby ordered to be in full compliance with the provisions of Carlsbad
Municipal Code no later than January 15, 1998. For you to be in full compliance
you shall obtain permits for the installation of a heating system for the front house,
have the heater in the rear house inspected and repaired as needed, correct all
other violations listed above, and have. inspection by this office to confirm all repairs
have been completed. This matter may be referred to the City Attorncly’s office for
legal action if you fail to comply by the above referenced date.
If you have any questions regarding this notice, please contact Ray Garrison, Code
Enforcement Officer, at (760)438-1161 ext. 4467.
MARTIN ORENYAK
Community Development Director
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By: c ;.: / /* _’ c I7-y ” 2 ______.__
RAY ti GARRI!3ON
CodkEnforcement Officer II
RMG:rs
c: City Attorney
Housing Department ’
Police Department
Sharon L. Smith
7
February 5, 1998 CERTIFIED RECEIPT # Z 299 197 115
Federal Home Loan Mortgage Corp
c/o Countrywide Funding Corp .
400 Countrywide Way
Simi Valley CA 93065
NOTICE OF MUNICIPAL CODE VIOLATION
ORDER TO REMOVE
PLEASE TAKE NOTICE: As the owner of the property located at 2475 Tuttle
Street, Carlsbad, you are hereby notified that you are in violation of Carlsbad
Municipal Code, Section 18.06.030, Uniform Housing Code Violations.
Violations of the Uniform Housing Code in the front house at 2475 Tuttle Street
are:
Section 1001(b)(l)
Section 1001(b)(6)
Section lOOl(b)(13)
Section 1001(c)
Section 1001(f)
Section 1001(h)
Section 100 l(m)
Drains in the tub, sink and toilet backup and overflow.
Lack of adequate heating facilities in a dwelling unit.
General dilapidation or improper maintenance.
Hazardous electrical wiring
Hazardous plumbing, drain line from T&P valve needs to
ridged copper.
Faulty weather protection due to a leaking roof.
Lack of smoke detector in dwelling unit.
Violations of the Uniform Housing Code in the rear house at 2475 Tuttle Street are:
Section 1001(b)(l)
Section 1001(b)(6)
Section lOOl(b)(13)
Section 1001(h)
- Section 1001(k)
Section 1001(m)
Drains in sink, shower, and toilet back up and overflow.
Lack of adequate heating facilities in a dwelling unit.
General dilapidation or improper maintenance.
Faulty weather protection due to a leaking roof, skylight,
and windows.
Hazardous or unsanitary premises. There is stagnant water
in the swimming pool, dead animals in the yard, and fetal
matter in the house and yard.
Lack of smoke detector in dwelling unit.
2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-i 161 63s
2475 Tuttle Street
February 5, 1998
Page Two
In addition to the above housing violations, there is an inoperable vehicle and an
unlawful accumulation of junk on the property.
You are hereby ordered to be in full compliance with the provisions of Carlsbad
Municipal Code no later than February 20, 1998. For you to be in full compliance
you shall obtain permits for the installation of a heating system for the front house,
have the heater in the rear house inspected and repaired as needed, correct all
other violations listed above, and remove all junk, debris, and inoperable vehicles
from the property. You shall then request and inspection by this office to confirm
compliance. The front unit shall also remain vacant until all repairs are made and
verified by this office.
This matter may be referred to the City Attorney’s office for legal action, or it may
be referred to the City Council for the Declaration of a Public Nuisance if the
property is not cleaned up and secured by the above referenced date.
If you have any questions regarding this notice, please contact Ray Garrison, Code
Enforcement Officer, at (760)438-1161 ext. 4467.
MARTIN ORENYAK
Community Development Director
Co&e Enforcement Officer II
RMG:rs
c: City Attorney
Housing Department
Police Department
Sharon L. Smith
4
March 30,1998
Federal Home Loan Mortgage Corp.
C/O Countrywide Funding Corp.
400 Countrywide Way
Simi Valley, CA 93065
RE: PUBLIC HEARING ON PUBLIC NUISANCE AT 2475 TUTTLE STREET
Enclosed for your records is a copy of the Carlsbad City Council Agenda Bill #14,608
and also Resolution # 98-87 which set a public hearing for April 7, 1998 to hear and
consider evidence and objections regarding a public nuisance at the above referenced
property.
If you have specific questions regarding this matter, please contact the Mike Peterson,
in the Building Department, at (769) 438-l 161, Extension 4462.
Kathleen D. Shoup
Sr. Cffice Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808