HomeMy WebLinkAbout2014-07-08; City Council; 21672; Amending Title 6 Health Sanitation Chapter 6.16 Clarifying Definition "Nuisance", Authorizing Enforcement Officer to Proceed with Abatement ProcessCITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
21,672 INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 6 - HEALTH AND
SANITATION - CHAPTER 6.16 (NUISANCES) FOR
THE PURPOSE OF CLARIFYING THE DEFINITION
OF "NUISANCE" AND AUTHORIZING THE
ENFORCEMENT OFFICER TO DECLARE A
NUISANCE AND PROCEED WITH THE
ABATEMENT PROCESS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED AaiON:
That the City Council introduce Ordinance No. CS-257 , approving an amendment to
Carlsbad Municipal Code, Title 6, Chapter 6.16 (Nuisances) for the purpose of clarifying, updating and
revising the process for declaring a public nuisance and abating it.
ITEM EXPLANATION:
At the City Council workshop of November 12,2013, staff presented a report to the City Council regarding
code compliance enhancement efforts for fiscal year 2013-14. The City Council provided direction to staff
to move forward with a code compliance enhancement plan. Some ofthe initiatives of this plan are in
piace, such as redefining the code definitions of "kitchen" and "dwelling unit." Staff has also implemented
GoEnforce, a web-based code compliance and complaint management system.
At the workshop, the City Council also indicated its support for a code compliance effort to amend the
city's Nuisance Ordinance. The amendment is intended to update and revise the process for declaring a
nuisance and to add clarification or definition to what constitutes a "nuisance" for code
compliance/enforcement purposes. Staff is also proposing to revise the code to provide authorization to
the enforcement officer to administratively declare a nuisance and to proceed with abatement of the
declared nuisance, if the property owner does not voluntarily comply. Appeal rights to the City Manager
as related to the notice of violation have been included as part ofthe amended process. The amendments
will allow for a more timely response to address nuisances on private property and the negative impact
they may have on the neighbors or larger community by allowing an administrative nuisance declaration
and related abatement actions.
DEPARTMENT CONTACT: Debbie Fountain (760) 434-2815 debbie.fountainOcarlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED
Page 2
FISCAL IMPACT:
Staff anticipates that there will be a fiscal impact to the General Fund associated with the amendments
to allow for program funding for nuisance abatement costs, if there is not voluntary compliance by the
property owner or other responsible party. It is also anticipated that there will be costs associated with
staff time and related supplies required to pursue code compliance efforts associated with a declared
nuisance. At this time, however, there is not a specific request for funding for program implementation.
A request for one additional code compliance officer has been added to the City's FY 2014-15 budget, and
staff will monitor the operating budget to determine if additional funding will be needed as related to
abating nuisances. These costs will be billed to the property owner with anticipation that the city will be
reimbursed for these expenses if the nuisance is on private property. However, funding may be required
to hire contractors to complete the initial work. Separate action will be requested for any required
funding for abatement of the nuisances, if determined necessary.
ENVIRONMENTAL IMPACT:
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment." The changes proposed by this
project are primarily procedural in nature and are not substantial; therefore the project will not result in
a significant effect on the environment. A Notice of Exemption will be filed.
EXHIBITS:
1. City Council Ordinance No. CS-257
2. Proposed text revisions - redline/strikeout.
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EXHIBIT 1
ORDINANCE NO. CS-257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO
TITLE 6, CHAPTER 6.16 - NUISANCES FOR THE PURPOSE OF
CLARIFYING THE DEFINITION OF "NUISANCE" AND AUTHORIZING
THE ENFORCEMENT OFFICER TO DECLARE A NUISANCE AND
PROCEED WITH THE ABATEMENT PROCESS.
CASE NAME: NUISANCE ORDINANCE REVISIONS
The City Council ofthe City of Carlsbad, California, does ordain as follows:
SECTION I: That Chapter 6.16 of the Carlsbad Municipal Code is
amended to read as follows:
I. Generally
6.16.005 Declaration of purpose.
6.16.010 Nuisance defined.
6.16.020 Determination of nuisance on real property.
6.16.030 Right to appeal notice of violation.
6.16.040 Failure to abate nuisance.
6.16.050 Account of cost of abatement to be kept.
6.16.060 Copies of report of abatement cost to be served.
6.16.070 Determination of abatement cost.
6.16.080 Abatement cost to be lien against property.
6.16.090 Collection of cost of abatement.
SECTION II: That Section 6.16.005 of the Carlsbad Municipal Code is
added to read as follows:
6.16.005 Declaration of purpose.
The Council finds that its purpose in adopting Chapter 6.16 of Title 6 is to establish
procedures for the administrative and summary abatement of public nuisances and code
violations. The procedures established in these sections are in addition to any other legal
remedy, criminal or civil, established by law which may be pursued to address Municipal
Code or applicable state code violations.
SECTION III: That Section 6.16.010 of the Carlsbad Municipal Code is
amended to read as follows:
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6.16.010 Nuisance defined.
The existence of real property, whether public or private, within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
B. Any condition caused, maintained, or permitted to exist in violation of any
provision of the Municipal Code or applicable state codes which constitute a
public nuisance may be abated by the City pursuant to the procedures set forth
in this Chapter; or
C. 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,
constitutes a public nuisance.
SECTION IV: That Section 6.16.020 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.020 Determination of nuisance on real property.
Whenever the Enforcement officer, as that term is defined in Section 1.10.010 (A),
determines that there exists on any real property in the city a public nuisance as defined
in Section 6.16.10, the Enforcement officer may serve upon the Responsible person, as
that term is defined in Section 1.10.010 (A), a Notice of Violation per Section 1.10.030
setting forth the nature ofthe public nuisance. Said notice shall be served in accordance
with Section 1.10.040.
SECTION V: That Section 6.16.030 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.030 Right to Appeal Notice of Violation.
The Responsible person may appeal the Notice of Violation of public nuisance within ten
(10) calendar days from the date of service of the Notice of Violation by filing a written
request to appeal to the City Clerk. Upon receiving a written request to appeal a Notice of
Violation, the City Manager shall follow the same Administrative enforcement hearing
procedures for administrative citation set forth in Section 1.10.130.
SECTION VI: That Section 6.16.040 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
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A. In the event such public nuisance is not abated on or before the date described
in the Notice of Violation, the city manager may authorize and direct the
abatement thereof by city agents, employees or by private contract, and in
connection therewith such city agents or employees, or such private contractors
and their employees, may enter upon the subject property to abate the
nuisance.
B. Notwithstanding any other provision of this code, failure to abate such public
nuisance on or before the date described in the Notice of Violation, when
ordered to do so in accordance with the provisions of this chapter, or state law
where such state law is applicable, is a misdemeanor.
SECTION VII: That Section 6.16.050 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.050 Account of cost of abatement to be kept.
The city manager or his/her designee shall cause to be kept an account of the cost of such
abatement and related administrative costs, and upon completion thereof, the city
manager or his/her designee shall write a report stating the cost thereof.
SECTION VIII: That Section 6.16.060 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.060 Copies of report of abatement cost to be served.
The city manager or his/her designee shall cause a copy or copies of such report
mentioned in Section 6.16.050 to be served to the Responsible person per Section
1.10.040.
SECTION IX: That Section 6.16.070 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.070 Determination of abatement cost.
The Responsible person may dispute the abatement cost report within ten (10) calendar
days from the date of service of the abatement cost report by filing a written dispute to
the cost report. The Responsible person shall set forth the basis ofthe dispute and submit
relevant documentation in support of their dispute. The city manager or his/her designee
shall consider the comments and documentation submitted by the Responsible person,
and shall:
A. Determine the correct abatement cost;
B. If necessary, modify such report to conform to such correct abatement cost;
C. Confirm the report as presented or modified;
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D. State the date of the abatement order;
E. 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 ofthe city manager or his/her designee shall be final.
SECTION X: That Section 6.16.080 of the Carlsbad
Municipal Code is amended to read as follows:
6.16.080 Abatement cost to be lien against property.
The cost of abatement, as determined, shall be a:
A. Personal obligation of the person creating, causing, committing or maintaining
the nuisance abated;
B. Personal obligation of the property owner of the subject property; and
C. Special assessment against the subject property or a lien against the subject
property.
SECTION XI: That Section 6.16.090 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.090 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the city by any or all of the
following or any other lawful means:
A. Recordation in the office of the county recorder of a certified copy of such
resolution confirming such report so as to give notice ofthe lien;
1. Prior to recordation, a notice of lien shall be served on the owner of record
in the same manner as a summons in a civil action in accordance with Article
3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of
Civil Procedure. If the owner of record after diligent search cannot be found,
the notice may be served by posting a copy thereof in a conspicuous place
upon the property for a period of ten days and publication thereof in a
newspaper of general circulation in San Diego County;
2. The lien shall be recorded in the county recorder's office and from the date
of recording shall have the force, effect and priority of a judgment lien and
may be foreclosed by an action brought by the city for a money judgment;
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3. The city may recover from the property owner any costs incurred regarding
the processing and recording ofthe lien and providing notice to the property
owner as part of its foreclosure action to enforce the lien;
4. In the event that the lien is discharged or released or satisfied, either
through payment or foreclosure, notice of the discharge containing the
amount of the lien, the date of the abatement order, the street address,
legal description, assessor's parcel number, and the name and address of
the recorded owner shall be recorded in the county recorder's office;
B. Civil action by the city;
C. Filing a certified copy of such resolution confirming such report with the auditor
of the county who shall enter the assessment on the county tax roll opposite the
subject property. The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the amount is
subject to the same penalties and procedures of foreclosure and sale provided
for ordinary municipal taxes. The legislative body may determine that in lieu of
collecting the entire assessment at the time and in the manner of ordinary
municipal taxes, such assessment of fifty dollars or more may be made in annual
installments in any event not to exceed five, and collected one installment at a
time and in the manner of ordinary municipal taxes in successive years. If any
installment is delinquent, the amount thereof is subject to the same penalties
and procedure for foreclosure and sale provided for ordinary municipal taxes.
The payment of assessments so deferred shall bear interest on the unpaid
balance at the rate of six percent per year;
D. In addition to any other costs of abatement under this chapter, upon the entry of
a second or subsequent civil or criminal judgment within a two-year period in
which the owner of real property is responsible for a condition that may be
abated under this chapter, except for conditions under the State Housing Law
(Health and Safety Code Section 17980), a court may order the property owner
to pay triple the costs ofthe abatement.
SECTION XII: That Sections 6.16.100 and 6.16.110 of the Carlsbad
Municipal Code are deleted.
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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 the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney 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 day of , 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, CityAttorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
a
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16-NUISANCES*
I. Generally
I. Generally
6.16.005 Declaration of purpose
6.16.010 Nuisance dOefined.
6.16.020 Determination of nuisance on real propertv—Contents of fesekrtiofi.
6.16.030 Posting resolution on propertv.Right to Appeal Notice of Violation.
6.16.040 Hearing—Decision of council.
6.16.050 Posting and mailing resolution declaring nuisaneer
6.16.960-0430 Failure to abate nuisance.
6.16.070-0540 Account of cost of abatement to be kept.
6.16.QgQ-06§0 Copies of report of abatement cost to be posted and mailedserved.
6.16.09&-0760 Determination of abatement cost-bv-Gouneil.
6.16.4^0870 Abatement cost to be lien against propertv.
6.16.44Q-Q&90 Collection of cost of abatement.
6.16.005 Declaration of purpose.
The Council finds that its purpose in adopting Chapter 6.16 of Title 6 is to establish procedures for the
administrative and summarv abatement of public nuisances and code violations. The procedures
established in these sections are in addition to anv other legal remedy, criminal or civil, established by law
which may be pursued to address Municipal Code or applicable state code violations.
6.16.010 Nuisance dOefined.
The existence of real propertv. whether public or private, within the city:
A, A: In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
A:B Any condition caused, maintained, or permitted to exist in violation of any provision of the
Municipal Code or applicable state codes which constitute a public nuisance may be abated by
the City pursuant to the procedures set forth in this Chapter: or
CB. 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 constitutes a public nuisance.
(Ord NS-625 § 11 2002: Ord. NS-426 § 1 (part). 1997: Ord, 8048 § 1)
Carlsbad, California, Code of Ordinances Page 1 i Q
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16-NUISANCES*
I. Generally
6.16.020 Determination of nuisance on real property—Contents of resolution.
Whenever it-is alle§6d-to the Gity-cowGij- the Enforcement officer, as that term is defined in Section
1.10.010(A) a code compliance officer determines that there exists on any real property in the city a public
nuisance as defined in Section 6.16.010, the council shall pass a-r-eselutioftfthe Enforcement officereede
compliance officer may serve upon the Rresponsible personpartv. as that term is defined in Section
1.10.010(A). a Notice of Violation per Section 1.10.030 setting forth the nature ofthe public nuisance. Said
notice shall be served in accordance with Section 1.10.040.
A.—Describing the real property upon which the public nuisance is alleged to exist by street address
or such other description as is reasonably necessary to identify it. (Such real property will
hereinafter be referred to as the subject property);
&—Declare its intention to:
-I- -Hotd-a public hearif^-at-a-spesified-timfr-and-plaee-te-heaFa all evidenee
2-.—Determine whether or not such a public nuisance exists on the subject property;
G; -^tate-4tot4f a-puMc-nuisance is found to-ex-i6t-on4l^e-subjeet-propeFty7--tl=ie-e^^
abatemefrt4lief«0f at-tte expeftse-0f-tt=ve-p^^^
and may make the cost of such abatement a:
1. Personal obligation of the person creating, causing, committing or maintaining the public
nuisance;
Sr.—Personal obligation of the property owner of the subject property: and
^.—Special assessment against the subject property.
(Ord. NS-426 § 1 (part), 1997; Ord. NS-144§ 1, 1991; Ord, 8048 § 2)
6.16.030 Posting resolution on property. 6.16.030 Right to Appeal Notice of Violation.
At l<»a.«tt fiva days before the dato specifiod in tlie resolution described in Soction 6^4^.0201
the community and economic development director shall cause a copy or copies of such
resolution to be conspicuously posted on or in front of the subject property by posting at
least the following:
A: -One rtotie&40f tlie-&ub}eGt property of up te fifty-feet-of stfeet-frentage;-
a—Two notices for the subject property of more than fifty feet and up to one hundred feet of street
frontage;
—Notices at not more than one hundred feet apart if the street frontage of the subject property is
greater than one hundred feet; and the community and economic development director shall
cause a copy of such resolution to be mailed to each person to whom the subject property is
assessed in the last equalized assessment roll available on the date the resolution was adopted
by the council.
(0f4: NS-&7€--§-§-(paft)r^-00^OF4r~NS-42^^^^ 42&1f 1-04part>,1-9SS;-Ofdv«Q4S
§,.,a)
Carlsbad, California, Code of Ordinances Page 2
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16- NUISANCES*
I. Generally
(Ord. No. CS 16-1, § 14, 12 6 2011)
The Responsible person may appeal the Notice of Violation of public nuisance within ten (10) calendar
days from the date of service of the Notice of Violation by filing a written reguest to appeal to the City Clerk.
Upon receiving a written reguest to appeal a Notice of Violation, the City Manager shall follow the same
Administrative enforcement hearing procedures for administrative citation set forth in Section 1.10.130.
6.16.040 Hearing—Decision of council.
At the time and place specified in the resolution described in Section 6.16.020, the council shall hear
and consider any and all evidence and objections regarding the alleged public nuisance. It may continue
the hearing and consideration from time to time, and shall, at the conclusion thereof, determine by resolution
whether or not a public nuisance exists on the subject property. The determination of the council shall be
final. If it is determined that a public nuisance does exist on the subject property, the resolution so
determining shall also order, state and determine as follows:
Av That4he-puMe-fiuisance-e<^all be-abated-;
&—The factors, things, conditions or otherwise, which cause or constitute the public nuisance;
G,—Tt^e--asts-necessary 46-abate such public nuisance,-Inetudlnir-but not limited to-repaif,-
rehabititatioft, demolition er-rerooval;
Q-.—The date before which the owner of the property or the persons creating, causing, committing or
maintaining such public nuisance will be allowed to abate it; and
Er.—That if such public nuisance is not abated on or before such date, that the council may cause the
abatement thereof and may make the expense of abatement a personal obligation of the person
creating, causing, committing or maintaining the public nuisance, a personal obligation of the
property owner of the subject property, and a special assessment against the subject property or
a lien against the subject property.
{OFd. NS-42§-§-1(paFt)r4^7:--Of4.--NS-444-§ 2- 1-994-;--QfdT-§Q4S-§ 4)
6.16.050 Posting and mailing resolution declaring nuisance.
At lan.c-.t five da^s prior to the date stated in subparagraph D. of Section 6.16.040. the communitv and
pnnnnmin dfivfilnprnftnt director shall cause a copy or copies of such resolution mentioned in Section
6.16.040 to be posted and mailed in the same manner as stated in Section 6.16.030.
(OF4,_NS-§7§ §-§ (-part-),2003-;-Qr4T-NS-42§-§--HpartM^^ 1-264-f40-(paFt-)i49§&; •OF4.-&04§
§,.,§,)
(Ord. No. CS 164, § 14, 12 6 2011)
6.16.060-0430 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
A. In the event such public nuisance is not abated on or before the date described in subparagraph
D. of Section 6.16.0'IOthe Notice of Violation, the city manager may be-authorized and directed
by the council to cause the abatement thereof by city agents, employees or by private contract.
Carlsbad, California, Code of Ordinances Page 3 ^
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16-NUISANCES*
I. Generally
and in connection therewith such city agents or employees, or such private contractors and their
employees, may enter upon the subject property to abate the nuisance.
B. Notwithstanding any other provision of this code, failure to abate such public nuisance on or
before the date described in subparagraph D. of Section 6.16.0'IOthe Notice of Violation, when
ordered to do so in accordance with the provisions of this chapter, or state law where such state
law is applicable, is a misdemeanor.
(Ord NS-426 § 1 (part), 1997: Ord. NS-144 § 3, 1991; Ord, 8048 § 6)
6.16.Q7Q-0450 Account of cost of abatement to be kept.
The city manager or his/hertbetf designee shall cause to be kept an account of the cost of such
abatement and related administrative costs, and upon completion thereof, the city manager or Jiis/her
designee, shall write a report stating the cost thereof-and shall therein--speei^fy-tt>&4ime-afid-ptaee at-whicb
the eour^it-wilt feceiw^^ report, together witlvaRy-ebje€ti0ns4heFeto.
(Ord, NS-426 § 1 (part), 1997: Ord, NS-144 §4, 1991; Ord, 8048 § 7)
6.16.080-0560 Copies of report of abatement cost to be posted and mailedserved.
At ieast-fi^v&-days--pFioF-te4i^e-date-des6fibed-4n--Se6tioFh64 city manager or his/herti^
designee shall cause a copy or copies of such report mentioned in-SeGtien-§.46-.-0?0 Section 6.16.0540, to
be pQste4-^aR4--mait6d--4n-4he--same^^^^ as stated in-Se6tioft-&:4§rOSQserved to the Rresponsible
personpartv per Section 1.10.040.
(Ord NS-426 § 1 (part), 1997: Ord, 8048 § 8)
6.16.QSQ-0670 Determination of abatement cost by council.
The Rresponsible personpartv may dispute the abatement cost report within ten bas-dO) calendar
days from the date of service of the abatement cost report by filing a written -te-dispute to the cost report.
The Responsible person shall set forth the basis of the dispute and submit relevant documentation in
support of their dispute. The citv manager or his/hertbeir designee shall consider the comments and
documentation submitted bv the Rresponsible personpafty. and shall: etheFfactors as may be appropfiater
and: At the time and place specified in the report, the council shall hear and consider any and all evidence
and objections regarding the cost of abatement. The hearing and consideration may be continued from time
to time and upon the conclusion thereof, the council shall, by resolution:
A. Determine the correct abatement cost;
B. If necessary, modify such report to conform to such correct 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 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 Gowieii-city manager or his/hertbeif designee shall be final.
Carlsbad, California, Code of Ordinances Page 4 17-
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16- NUISANCES*
I. Generally
(Ord, NS-426 § 1 (part). 1997: Ord, NS-144 § 5, 1991: Ord. 8048 § 9)
6.16.4OO-0870 Abatement cost to be lien against property.
The cost of abatement, as confirmeddetermined, shall be a:
A. Personal obligation of the person creating, causing, committing or maintaining the nuisance
abated;
B. Personal obligation of the property owner of the subject property; and
C. Special assessment against the subject property or a lien against the subject property.
(Ord NS-426 § 1 (part). 1997: Ord. NS-144 § 6, 1991; Ord, 8048 § 10)
6.16.440-0980 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any
other lawful means:
A. Recordation in the office of the county recorder of a certified 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 served on the owner of record in the same
manner as a summons in a civil action in accordance with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record
after diligent search cannot be found, the notice may be served by posting a copy thereof in
a conspicuous place upon the property for a period of ten days and publication thereof in a
newspaper of general circulation in San Diego County;
2. The lien shall be recorded in the county recorder's office and from the date of recording shall
have the force, effect and priority of a judgment lien and may be foreclosed by an action
brought by the city for a money judgment;
3. The city may recover from the property owner any costs incurred regarding the processing
and recording of the lien and providing notice to the property owner as part of its foreclosure
action to enforce the lien;
4. In the event that the lien is discharged or released or satisfied, either through payment or
foreclosure, notice of the discharge containing the amount of the lien, the date of the
abatement order, the street address, legal description, assessor's parcel number, and the
name and address of the recorded owner shall be recorded in the county recorder's office;
B. Civil action by the city;
C. Filing a certified copy of such resolution confirming such report with the auditor of the county who
shall enter the assessment on the county tax roll opposite the subject property. The amount of
the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If
delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale
provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting
the entire assessment at the time and in the manner of ordinary municipal taxes, such
assessment of fifty dollars or more may be made in annual installments in any event not to exceed
five, and collected one installment at a time and in the manner of ordinary municipal taxes in
successive years. If any installment is delinquent, the amount thereof is subject to the same
Carlsbad, California, Code of Ordinances Page 5 ^^
EXHIBIT 2
Title 6 - HEALTH AND SANITATION*
Chapter 6.16- NUISANCES*
I. Generally
penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The
payment of assessments so deferred shall bear interest on the unpaid balance at the rate of six
percent per year;
D. In addition to any other costs of abatement under this chapter, upon the entry of a second or
subsequent civil or criminal judgment within a two-year period in which the owner of real property
is responsible for a condition that may be abated under this chapter, except for conditions under
the State Housing Law (Health and Safety Code Section 17980), a court may order the property
owner to pay treble the costs of the abatement.
(Ord, NS-426 § 1 (part), 1997: Ord. NS-144 § 7, 1991; Ord, NS-86 § 1, 1989: Ord, 8048 § 11)
Carlsbad, California, Code of Ordinances Page 6
M Receive - Agenda Item # ^ ^
Forthe Inforhiation ofthe: « CitV of
CITY COUNCIL . 1 J
ACMVCAVLCC/ Carlsbad
DateChllH: City Manager y
ERRATA SHEET FOR AGENDA ITEM #5
MEMORANDUM
July 8, 2014
To: Mayor and City Council
Via: City Manager
From: CityAttorney
Re: Errata Sheet for Agenda Item # 5 - Amending CMC Section 6.16, Nuisances
Staff is recommending that the City Council include the following revision to the Amendment of
Carlsbad Municipal Code section 6.16 as follows:
6.16.150 Summarv abatement.
F. In addition to any other applicable procedures, the cost of abatement may be collected
in accordance with Section 6.16.080 or become a lien against the property in
accordance with Section 6.16.090.
In addition to any other applicable procedures, the cost of abatement may be collected
in accordance with Section 6.16.406080 or become a lien against the property in
accordance with Section 6.16.-liO090.
Date: l/ j//^
OisMHitibn:'
CityClerk
Asst. aty CMC
Deputy Clerk
Book
Office of the City Attorney
City Hall 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 I 760-434-28911
Public NuisanceMunicipal Code RevisionsDebbie FountainJuly 8, 2014
Code Compliance Program Enhancements•Workshop with City Council•Definition changes – dwelling unit/kitchen•GoEnforce implementation•Mobile application & web‐interface•Additional code compliance specialist•Municipal code revisions
Public Nuisance Ordinance Revisions•Code compliance tool for use with most serious or stubborn code violations•Clarifying definition of a public nuisance•Authorize enforcement officer to administratively declare a public nuisance•Appeal rights to the City Manager•Allows for more timely compliance response
City CouncilResolution of allegation of public nuisance & setting public hearingCity CouncilPublic Hearing to consider evidence for declaration of public nuisance; resolution of approvalProperty OwnerOpportunity to abate nuisance by specified dateCity CouncilDirects City Manager to cause the abatement of nuisance by city staff or agents, if nuisance not abated by property owner by specified dateCity CouncilConsiders abatement costs & approves for billing to property ownerEnforcement Officer Administrative notice declaring public nuisanceCity ManagerHears appeal of administrative notice declaring public nuisance (if any)Property OwnerOpportunity to abate nuisance by specified dateCity ManagerDirects city staff or its agents to cause the abatement of nuisance, if nuisance is not abated by property owner by specified dateCity ManagerDirects staff to serve property owner with cost of abatement for payment & considers any appeal of costsOld Process New Process30‐45 days120 – 130 days
Nuisance•Enforcement Officer receives complaint & investigates.•If valid complaint, Notice of Violation is mailed to property owner with specific date for abatement of nuisance (certified & regular mail).Abatement•Property Owner will have 10 days to appeal Notice of Violation to City Manager.•Specified time given for abatement or correction of violation, if appeal denied, depending on an assessment of potential harm to public.Action•If property owner does not abate nuisance by specified date, staff may continue to work with the property owner depending on severity of the nuisance to obtain voluntary compliance.•If no compliance and abatement is essential to protect the public, the enforcement officer will forward a recommendation to his/her department/division director to proceed with abatement efforts by city staff or agents.•If Department/division director agrees, the abatement recommendation will be forwarded to the City Manager for final authorization to proceed with abatement efforts by city staff or its agents.Cost Reimbursement•Abatement will occur by city staff or its agents and report of all costs will be prepared.•Cost report will be forwarded to property owner for reimbursement of abatement expenses.•If property does not pay, city will pursue collection of payment via all legal means, including recording lien against propertyHow will the process typically go?
Recommended Action•That the City Council introduce Ordinance No. CS‐257, approving an amendment to Carlsbad Municipal Code, Title 6, Chapter 6.16 (Nuisances) for the purpose of clarifying, updating and revising the process for declaring a public nuisance and abating it.