HomeMy WebLinkAboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP) (37)VINCENT F. BIONDO, JR.
CITY ATTORNEY
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1 989 (619) 438-5531
DANIEL S. HENTSCHKE
ASSISTANT CITY AlTORNEY
March 25, 1983
Eugene C. and Margaret M. Chappee
654 North Highway 101 Encinitas, California 92024
RE: NOTICE OF ILLEGAL USE OF PROPERTY
Dear Mr. and Mrs. Chappee:
Our office has been informed by the Land Use Planning Manager
that you are illegally using your property at 7200 Ponto Drive,
Carlsbad, California (assessors parcel number 214-160-28) for an automobile wrecking yard. That use is a violation of Section
21.24.010 of the Carlsbad Municipal Code. A violation of the
Carlsbad Municipal Code is a criminal offense. In addition, any use maintained contrary to the provisions of the Carlsbad Municipal Code constitutes a public nuisance. As a public nuisance it is subject to abatement upon an order by the City Council and the cost of the abatement can be charged to the owner of the property.
In the past, the auto wrecking use was maintained pursuant to
the conditional use permit issued by the City Council of the City of Carlsbad on January 16, 1973. That conditional use permit specifically provided that it would be valid for a ten year period. That permit expired on January 16, 1983. On
September 29, 1982 and again on December 14, 1982 the Land Use
Planning Manager gave you notice of the upcoming expiration of
the conditional use permit for this use and of the need for you to cease the use and remove the wrecked automobiles by January 16, 1983. On February 25, 1983 the Land Use Planning Manager sent you a letter formally notifying you of the expiration of your conditional use permit and requesting the immediate removal
of the auto wrecking yard from the premises. On March 23, 1983
Mr, and Mrs. Chappee RE: Illegal Use
March 25, 1983 Page 2
the Land Use Planning Manager forwarded a request for legal
enforcement to our office because you had failed to comply with his demands for removal of the illegal use from your property. Based on the evidence presented to us by the Land Use Planning
Manager we have concluded that you're illegally using your property for the maintenance of an automobile wrecking yard and you have been given sufficient time to cease using your property
in that manner.
.' Because of your failure to comply with the requests of the Land
Use Planning Manager we are compelled to inform you that if the
illegal use of your property at 7200 Ponto Drive is not terminated immediately, we will be left with no other recourse
than to take all necessary and appropriate steps to institute legal proceedings against you. In order to give you a chance to avoid that result we have established April 8, 1983 as the
deadline for removal of all illeqal uses from the property
located at 7200 Ponto Drive, Carlsbad, California.
We regret that we have had to send this letter and sincerely hope that you will comply with our request. If you have any questions with regard to this matter please don't hesitate to
contact our office.
Very truly yours,
By:
Assistant CitG Attorney
rme
c: Land Use Planning Manager
City Manager
Mayor and City Council
.