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HomeMy WebLinkAbout1993-05-18; City Council; Resolution 93-147* I! 0 0 1 RESOLUTION NO. 93-147 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAI CALIFORNIA DECLARING THE ACCUMULATION OF VEHICLES, CE BOATS AND CONSTRUCTION EQUIPMENT LOCATED ON VACANT L THE SOUTHEAST CORNER OF PARK DRIVE AND MARINA DRIVE A NUISANCE. II WHEREAS, the City Council at their meeting of May 18, 1993 held a dull 7 WHEREAS, Chapter 10.52 of the Carlsbad Municipal Code declares ab 8 ublic hearing and considered all evidence and testimony of anyone desiring to I 9 ehicles to be a public nuisance. 10 11 WHEREAS, the vehicles, campers, boats and construction equipmen l2 I roperty are unsightly; and 13 WHEREAS, the City has received numerious citizens’ complaints alleginc 14 sbandoned vehicles are materially detrimental to adjacent property; and 15 WHEREAS, the movement of said vehicles over the curb has and will co 16 17 damage the curb; and 18 19 WHEREAS, the random movement of vehicles on and off this lot is a ?affic hazard; and 20 I1 WHEREAS, the leaking or dumping of motor oil from vehicles parkec 21 x-operty is an environmental hazard; 22 WHEREAS, the conditions existing on the parcel constitute a public nui 23 24 defined in Section 6.1 6.010 of the Carlsbad Municipal Code. 25 26 27 NOW, THEREFORE, by the City Council of the City of Carlsbad, Califor lereby resolve as follows: 1. That the above recitations are true and correct. 28 ‘.-. ll e 0 1 II 1 .nuisances. 2 2. That the City has the power at both common law and by ordinanc 3 4 5 6 4. That the property is maintained in a manner which is materially dt 7 to property and improvements in the immediate vicinity of such real property 3. That the condition of the property is adverse or detrimental to tl health, safety and general welfare of the public. 8 9 5. That the conditions on the property constitute a public nuisance 6. That the public nuisance shall be abated. 10 11 7. That abatement of the nuisance shall include removal of all campers, boats, recreational vehicles and construction equipment. 12 13 14 9. That if such public nuisance is not abated on or before June 18, 1: 16 June 18, 1993. 15 persons creating, causing, committing or maintaining the public nuisance on 8. That the abatement shall be completed by the property owner a1 I' lithe Council will cause the abatement thereof and will make this expense of ak 18 11 li a personal obligation of the property owner of the subject property, a special ass 19 20 21 causing, committing, or maintaining the public nuisance. of a lien against the subject property, and a personal obligation of the persons 22 IO. That if the public nuisance is not abated by June 18, 1993, 23 Manager is directed to abate the nuisance pursuant to Carlsbad Municipal Codc 24 6.16. 25 26 27 28 .... .... I 060. 2. i PASSED, APPROVED AND ADOPTED at a regular meeting of the City CI 93, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None 3. 11