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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 .