HomeMy WebLinkAbout1998-05-05; City Council; 14668; Public Nuisance 2475 Tuttle Street- A
CITY OF CARLSBAD -AGENDA BILL aQ
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MTG. 54 - 58 REPORT ON THE STATUS OF THE PROPERTY LOCATED
AT 2475 TUTTLE STREET, A.P.N. 155-160-38-00 CITY Al-W. GE
DEPT. BLD CITY MGRW
RECOMMENDED ACTION:
That the City Council hear and accept the staff report on the progress made to abate the
conditions at 2475 Tuttle Street, A.P.N. 155-l 60-38-00.
ITEM EXPLANATION:
At the City Council meeting of March 24, 1997, Council approved Resolution 98-87 setting
a public hearing on the abatement of a public nuisance at 2475 Tuttle Street.
On April 3, 1998, the property owner began the process of cleaning up the trash and
debris and provided a temporary fence to secure the pool. As of April 27, 1998, all the
trash and debris had been removed and the pool had been drained with the permanent
fencing repaired.
At this time, this property no longer constitutes a public nuisance and staff will close the
code enforcement case. Staff will continue to monitor the property to ensure that it
remains in good repair and no transients move into the vacant dwellings. If the property is
not maintained, staff will bring this back to Council for abatement.
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. City Council Resolution No. 98-87
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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-I 60-38-00.
WHEREAS, the conditions which exist at 2475 Tuttle Street, Assessor’s Parcel Number
155-l 60-38-00, 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 procec@res 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 h24tb day of March I 1997, by
the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: Bon=
ATTEST:
pr
ALETHA L. RAUTENKRANZ,
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