HomeMy WebLinkAbout1998-04-07; City Council; 14626; Public Nuisance At 2475 Tuttle Street;ITY OF CARLSBAD - AGENh BILL
AB# 14,626 -. TITLE.
DECLARATION OF A PUBLIC NUISANCE AND
MTG. 4/7/98 ORDER FOR ABATEMENT-MUNICIPAL CODE
VIOLATIONS AT 2475 TUTTLE ST; APN 155-160-38-00 DEPT. BLD CITY MG;-&$?
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. 98-101 declaring the conditions which exist on the property a public
nuisance and ordering the abatement thereof.
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, a pool, and a 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 stagnant 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, and fetal matter are scattered about the
property and in the house. These conditions are an attractive nuisance to the neighbors.
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 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.
PAGE 2 OF AGENDA dlLL NO. 14,626
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:
1. Resolution No. 98-101
2. Location Map
3. Notice and Order dated December 16, 1997
4. Notice and Orders dated February 5, 1998
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RESOLUTION NO. 98-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA DECLARING PUBLIC NUISANCE AT 2475 TUTTLE STREET
A.P.N. 155-I 60-38-00.
WHEREAS, the City Council at their meeting of held a duly noticed
public hearing and considered all evidence and testimony of anyone desiring to be heard; and
WHEREAS, the buildings and property are unsecured and are an attractive nuisance;
and
WHEREAS, the property is in a condition which is adverse or detrimental to public
peace, health, safety, or general welfare; and
WHEREAS, the property 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; and
WHEREAS, the site is known to be a haven for vagrants in the area; and
WHEREAS, the site is littered with junk, debris, appliances, clothing and furniture; and
WHEREAS, the swimming pool in the rear yard is unsecured; and
WHEREAS, the conditions on the parcel constitute a public nuisance as defined in
Section 6.16.010 of the Carlsbad Municipal Code.
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 condition of the property is adverse or detrimental to the peace, health,
safety and general welfare of the public.
4. That the property is maintained in a manner which is materially detrimental to
property and improvements in the immediate vicinity of such real property.
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5. That the conditions on the property constitute a public nuisance.
6. That the public nuisance shall be abated.
7. That the abatement of the nuisance shall be the removal of all junk, debris,
appliances, clothing, and furniture on the site and securing all structures on the property by
permanently boarding all openings, and draining and securing the swimming pool and spa
area in compliance with the City Pool Fencing Ordinance (Carlsbad Municipal Code, Section
18.281, or the swimming pool and spa shall be backfilled completely with sand.
8. That the abatement of the nuisance shall be completed by the property owner
within 30 calendar days from the date of adoption of this resolution.
9. That if such public nuisance is not abated within 30 calendar days from the date of
adoption of this resolution that the Council will cause the abatement thereof and will make
this expense of abatement a personal obligation of the person creating, causing, committing,
or maintaining the public nuisance, and a personal obligation of the property owner of the
subject property, and a special assessment against the subject property.
lO.That if the public nuisance is not abated within 30 calendar days from the date of
adoption of this resolution, the City Manager is directed to abate the nuisance pursuant to
Carlsbad Municipal Code, Section 6.16.060.
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11. That the City Manager is also authorized to collect the costs of the
abatement by the means described in Carlsbad Municipal Code, Section 6.16.1 10 or any
other lawful means.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, California, held on the day of I 1997, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
~ CLAUDE A. LEWIS, Mayor
1 ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
5
LAS FLORES RD \ \----r-T
2475 Tuttle Street
Location Map
December 16, 1997
Qf Carlsbad
CERTIFIED RECEIPT # P 350 479 332
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)
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.
:W75 Las Palmn:; 131 l C;~f-lsl~~~rl. CA 92009-l 576 - (760) 130-1161 - FAX (760) 438-OOTM @a
7
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 Attorno~‘~ off& for
legal sztion if you filil to comply by the above referenced date.
If you have any questions regarding this notice, please contact Ra>. C;iirl?so11. Code
Enforcement Officer, at (760)438-1161 ext. 4467.
MARTIN ORENYAK
Community Development Director
y-7 !,‘! ,
By: ( ,I ,, /.. i, ‘;:i-, I, .,
R./k ti. GARRISoN
3-...d _. --
CodkEnforcement Officer II
RMG:rs
c: City Attorney
Housing Department
Police Department
Shaton L. Smith
February 5, 1998
City of Carlsbad
CERTIFIED RECEIPT # 2 299 197 115
Federal Home Loan Mortgage Carp
c/o Countrywide Funding Carp . .
400 Countrywide Way
Simi Valley CA 93065
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(b)(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 piumbing, 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.
9 2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161 (P,‘
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 al.l 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 offke.
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
By: kN
Code Enforcement Officer II
RMG:rs
c: City Attorney
Housing Department
Police Department
Sharon L. Smith
$ Ray Patchett - 2475 m Ktt I --PUBLIC NUISANCE Page 11 i
From:
To:
Date:
Subject:
Mike Peterson
Lee Rautenkranz, Ray Patchett, Ron Ball
416198 351 PM
2475 TUTTLE STREET - PUBLIC NUISANCE
Staff is recommending that we continue this item until April 14. At this time the property is 85% cleaned up
with some trash and fencing still needing to be completed. I spoke with the property representative this
afternoon and he assures me that they will complete the project this week. I will do a site visit later this
week and forward a recommendation at that time.
cc: Marty Orenyak, Pat Kelley, Ray Garrison
ALL RECEIVE I
1
DATE CITY MANAGER
!; AGENDA lTEM # ,A. :