HomeMy WebLinkAbout2007-07-24; City Council; 19106; Ordinance regarding summary abatement procedureCITY OF CARLSBAD - AGENDA BILL 12
AB# 19,106
MTG. 7/24/07
DEPT. City Atty
Amendment to Carlsbad Municipal
Code Title 6 Adding Chapter 6. 16. 150
regarding Summary Abatement
Procedure
DEPT. HEAD
CITY ATTY. <&£'
CITYMGR. ~^Dt>^^T
RECOMMENDED ACTION:
fc|O OCA
Introduce Ordinance No. J amending Carlsbad Municipal Code Title 6 by Adding Chapter
6.16.150 regarding summary abatement procedures.
ITEM EXPLANATION:
The City of Carlsbad does not currently have a procedure for taking immediate action to abate a
nuisance on private property which poses an immediate threat to the health, safety or welfare of
the public. This Ordinance would create a procedure by which the City could summarily abate
such a nuisance and charge the property owner or other responsible property for
reimbursement of the abatement costs.
In addition, the Ordinance provides due process procedures by which the property owner or
other responsible property could request a hearing before the City Council to dispute the
abatement costs and determine whether immediate action was necessary to preserve or protect
the public health and safety.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of this ordinance.
ENVIRONMENTAL IMPACT:
This ordinance revision is exempt from CEQA review in that it can be seen with certainty that
there is no possibility that the activity in question will have a significant impact on the
environment.
(California Code of Regulations, Title 14, Chapter 3, 15061(b)(3))
EXHIBITS:
1. Ordinance No. NS-850
DEPARTMENT CONTACT: City Attorney 760-434-2891 rkemp@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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4 ADDING CHAPTER 6.16.150 REGARDING
SUMMARY ABATEMENT PROCEDURES
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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as follows:
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11 6.16.150 Summary Abatement
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ORDINANCE NO. NS-850
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA ADMENDING
TITLE 6 OF THE CARLSBAD MUNICIPAL CODE BY
SECTION I: That Title 6 the Carlsbad Municipal Code be amended by
the addition of chapter 6.16.150 to read as follows:
III. Summary Abatement
A nuisance may be summarily abated without notice, hearing or a warrant when
immediate action is necessary to preserve or protect the public health and safety.
Summary abatement actions are not subject to the requirements of this Chapter, but
shall be subject to the following requirements:
15 A. The city manager shall make a determination that a public nuisance exists
16 that poses an immediate risk to the health, safety or welfare of the public or persons
in the City.
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B. Whenever possible, the city shall attempt to contact the responsible party
and/or property owner to request abatement of the nuisance prior to the city
proceeding with abatement. If the property owner and/or responsible party, as
defined in section 1.10.010(A)(6), is not available, incapable or unwilling to abate the
nuisance, the city may proceed with summary abatement.
C. The city manager shall maintain the following records and shall prepare a21
report of abatement summarizing the records:
1. A description of the time, duration, type and extent of the nuisance,
2. An evaluation of the risks to health, safety and welfare of the public
and/or environment caused by allowing the nuisance to continue,
3. Steps taken to contact the responsible party and/or property owner,
4. All costs associated with the investigation and abatement of the
nuisance including the costs of personnel, equipment, facilities,
materials and other external resources.
27 D. Within ten (10) working days after the determination is made by the city
28 manager to summarily abate the nuisance, notice of determination and a copy of the
report of abatement shall be served on the responsible party, the owner of record of
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E. A hearing to assess abatement costs and affirm whether immediate action
costs of investigation and abatement of the nuisance.
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4 was necessary to preserve or protect the public health and safety, shall be
conducted at the request of the responsible party. Within 30 days of receipt of the
notice of determination and the report of abatement, the responsible party may file a
request with the city clerk for any and all evidence and objections regarding the need
for abatement and/or the abatement costs. The hearing and consideration may be
continued from time to time and upon the conclusion thereof, the council shall, by
resolution:
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1. Determine whether the nuisance posed an immediate risk to the health,
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2. Determine whether the responsible party was unavailable, incapable
and/or unwilling to abate the nuisance;
i-i 3. Determine the correct abatement cost;
4. If necessary, modify the report of abatement to conform to such
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the parcel of land where the nuisance originated, and all persons known to have any
legal interest in the property. The responsible party shall be charged with the full
safety or welfare of the public or persons in the city;
findings as indicated above;
5. Confirm the report of abatement as presented or modified;
6. State the date of the abatement order;
7. Determine and state the correct legal description of the subject
property, the correct county assessor's parcel number, the street
address and the name and address of the recorded owner based on
the last equalized assessment roll or the supplemental roll, whichever
is more current.
The decision of the council shall be final.
18 F. In addition to any other applicable procedures, the cost of abatement may be
19 collected in accordance with Section 6.16.100 or become a lien against the property
in accordance with Section 6.16.110.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 24th day of .Tniy , 2007, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2007, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(Seal)