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HomeMy WebLinkAbout1983-11-01; City Council; Resolution 7391RESOLUTION NO. 7391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY AT 1600 BUENA VISTA WAY IN THE CITY OF CARLSBAD, DIRECTING THAT THE OWNER OF SAID PROPERTY ABATE THE NUISANCE, THAT THE NUISANCE BE ABATED AT THE OWNERS' EXPENSE, AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE ACTION TO ENFORCE THE ABATEMENT ORDER OR ENJOIN THE NUISANCE. WHEREAS, the Land Use Planning Office has alleged that a public nuisance exists on property located at 1600 Buena Vista Way in the City of Carlsbad owned by Charles and Martha Dix; and WHEREAS, on September 27, 1983 the City Council of the City of Carlsbad adopted Resolution No. 7356 setting a public hearing regarding nuisance abatement for October 18, 1983; and WHEREAS, notice of said public hearing was given as provided by law; and WHEREAS, on October 18, 1983 the City Council held a public hearing at which it received evidence of a public nuisance at 1600 Buena Vista Way. After the close of said hearing Martha Dix, one of the owners of the property, appeared at the City Council meeting and indicated that she had not received notice of the hearing and requested that the hearing be continued ; and WHEREAS, the City Council, at her request, reopened the public hearing and continued it to the City Council meeting of November 1, 1983; and WHEREAS, notice of the continued public hearing was given as required by law; and WHEREAS, on November 1, 1983 the City Council held a continued public hearing at which all interested persons were /b c , 19 li 20 21 22 23 24 25 26 27 28 heard and received evidence regarding the existence of a public nuisance at 1600 Buena Vista Way NOW, THEREFORE BE IT RESOLVED by the City Council of Carlsbad as follows: 1. That the foregoing recitations are true and correct . 2. That a public nuisance is found to exist on the property located at 1600 Buena Vista Way in the City of Carlsbad, California. 3. That the conditions which constitute a public nuisance are parking or storage of an unreasonable number of motor vehicles, some of which are disabled, inoperable or disrepaired, in the front, side and rear yards or in the front or side yard setback and are clearly visible from adjoining public streets and other property in the vicinity. Storage of an unreasonable number of motor vehicles in a manner in which such vehicles are visible from public streets or neighboring properties is an unreasonable use of residentially zoned property and is a violation of the provisions of Section 21.10.010 of the Carlsbad Municipal Code. Parking of motor vehicles in the front or side yard setback or in the front or side yard except as specifically provided by ordinance is a violation of Section 21.44.165 of the Carlsbad Municipal Code. Parking, storing or leaving of any vehicle which is in an abandoned, wrecked, dismantled or inoperative condition on private property in excess of three days, unless such vehicle is completely enclosed within a building in a lawful manner, is a /// 2. 3 i 7 4 F c r 1 E z 1C 11 12 12 14 1E 1E 17 1E 18 2c 21 22 23 24 25 26 27 28 violation of Section 10.52.130 of the Carlsbad Municipal Code. The City Council specifically finds that the manner in which the motor vehicles are parked or stored on the property located at 1600 Buena Vista Way is a violation of Sections 10.52.130, 21.10.010 and 21.44.165 of the Carlsbad Municipal Code. The City Council determines that in order to abate the public nuisance, all motor vehicles or parts thereof shall be removed from the property except for a reasonable number of vehicles which may be parked or stored in a manner which is consistent with the provisions of the Carlsbad Municipal Code. 4. The owners of the property located at 1600 Buena Vista Way are responsible for creating, causing, committing, and maintaining said nuisance. The persons responsible for creating, causing, committing, and maintaining said nuisance are ordered to abate such nuisance on or before December 1, 1983. If said public nuisance is not abated on or before such date the City Manager is authorized to cause the abatement thereof and the expense of abatement shall constitute a lien against the subject property and a personal obligation against the owners of the subject property . 5. The City Attorney is authorized and directed to take any legal action appropriate and necessary to enforce this resolution or to abate and enjoin said public nuisance. /// /// /// /// /// 3. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 1st day of Navesnber , 1983, by the following vote, to wit: AYES : NOES: None ABSENT : Council Mesnber Prescott Council Members Casler, Leh7is, Kulchin and Chick c, LdL MARY H. YASLER, Mayor ATTEST: (SEAL) 4.