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HomeMy WebLinkAbout1984-03-06; City Council; Resolution 75271 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 26 27 2% RESOLUTION NO. 7527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY AT 7200 PONTO DRIVE IN THE CITY OF CARLSBAD, DIRECTING THAT THE OWNER OF SAID PROPERTY ABATE SAID NUISANCE, THAT THE NUISANCE BE ABATED AT THE OWNER'S EXPENSE, DECLARING THE BREACH OF AN AGREEMENT BETWEEN THE PROPERTY OWNER AND THE CITY OF CARLSBAD AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE ACTION TO ENFORCE THE ABATEMENT ORDER OR THE CONTRACT OR ENJOIN THE NUISANCE. WHEREAS, the Land Use Planning Office has alleged that a public nuisance exists on property located at 7200 Ponto Drive in the City of Carlsbad owned by Eugene C. and Margaret M. Chappee; and WHEREAS, on April 19, 1983 the City Council of the City of Carlsbad adopted Resolution No. 7195 setting a public hearing regarding nuisance abatement for May 17, 1983; and WHEREAS, notice of said public hearing was given as provided by law; and WHEREAS, on May 17, 1983 at the request of the property owners who presented the Council with a written agreement to remove the yard, the hearing was continued to July 5, 1983, and subsequently continued to August 2, 1983, September 6, 1983, October 4, 1983, November 1, 1983, December 6, 1983, January 3, 1984, February 7, 1984 and, finally to March 6, 1984; and WHEREAS, at its April 17, 1983 meeting the City Council of the City of Carlsbad approved an agreement between the City c Carlsbad and Eugene C. and Margaret M. Chappee whereby the Chappees agree to remove the wrecking yard from their property located at 7200 Ponto Drive and to bring the property into compliance with the zoning ordinances of the City of Carlsbad; and 2 WHEREAS, based on the evidence presented at the continued public hearings, including the public hearing held on March 6, 1984 it has become apparent to the City Council that the Chappees do not intend to comply with the terms and conditions of their agreement with the of Carlsbad; and WHEREAS, notice of the continued public hearings has been given as required by law; and WHEREAS, special notice of the continued public hearing on March 6, 1984 has been given; and WHEREAS, on March 6, 1984 the City Council held a continued public hearing at which all interested persons were heard and received evidence regarding the existence of a public nuisance at 7200 Ponto Drive, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That Eugene C. and Margaret M. Chappee have breached their agreement which was approved by the City Council on May 17, 1983 to remove the wrecking yard and to bring their property at 7200 Ponto Drive into compliance with the zoning ordinances. 3. That a public nuisance is found to exist on property located at 7200 Ponto Drive in the City of Carlsbad. 4. That the condition which constitutes a public nuisance is maintenance of a wrecking yard on property located at 7200 Ponto Drive (assessor's parcel number 214-160-28) -2- contrary to the provisions of Title 21 of the Carlsbad Municipal Code 5. The owners of the property located at 7200 Ponto Drive 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 April 6, 1984. 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 of personal obligations against the owners of subject property. 6. The City Attorney is authorized and directed to take any legal action appropriate and necessary to enforce this resolution or the agreement between the City and the property owners or to abate and enjoin said public nuisance. PASSED, APPROVED AND ADOPTED at a regular meeting of th day of 6th Carlsbad City Council held on the March 1984 by the following vote, to wit: AYES: NOES: None ABSENT: None Council mers Casler, Lewis, Kulchin, Chi& and Prescot .. MARY H. FASLER, Mayor ATTEST: R v4?& UTENKRANZ, City Cledk