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HomeMy WebLinkAbout1994-08-02; City Council; Resolution 94-221I1 0 0 1 2 3 RESOLUTION NO. 94-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL! CALIFORNIA A PUBLIC NUISANCE AT VACANT PROPERTY ON EL CAMINO APN 2 1 5-020- 1 3-00. 4 5 6 WHEREAS, City Council at their meeting of Aua. 2 , 1994 held a duly n public hearing and considered all evidence and testimony of anyone desiring to be 7 8 and WHEREAS, the time limits imposed in a Notice and Order by the City's B g Official have expired; and 10 WHEREAS, the property is in a condition which is adverse or detrimental to 'I. peace, health, safety or general welfare; and 12 13 14 15 WHEREAS, the property is maintained so as to permit the same to becl defective, unsightly, dangerous or in a condition of deterioration or disrepair so t same will or may cause harm to persons, or which will be materially detrimc 16 property or improvements located in the immediate vicinity of such real proper- 17 WHEREAS, the site is littered with trash, rubbish, abandoned vehicles, jL l8 human waste; and 19 20 21 22 23 WHEREAS, the conditions on the parcel constitute a public nuisance as in Section 6.16.01 0 of the Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci California, as follows: 24 28 27 26 2. That the City has the power at both common law and by ordinance 25 1. That the above recitations are true and correct. nuisances. /I 1 2 3 4 5 6 7 8 9 1s 17 18 19 ._. .: 26 21 25 3. That the condition of the property is adverse or detrimental to the peace, health, safety and general welfare of the public. 4. That the property is maintained in a manner which is materially detrimental to property and improvements in the immediate vicinity of such real property. 5. That the conditions on the property constitute a public nuisance. 6. That the public nuisance shall be abated. 7. That abatement of the nuisance shall be the removal of all trash, abandoned vehicles, and junk on the site. 8. That the abatement of the nuisance shall be completed by the owner within 30 calendar days from the date of adoption of this resolution. 9. That if such public nuisance is not abated within 30 calendar days rubbish, property from the date of adoption of this resolution that the Council will cause the abatement thereof and will make this expense of abatement a personal obligation of the person creating, causing, committing, or maintaining the public nuisance, and a personal obligation of the property owner of the subject property, and a special assessment against the subject property. 10. That if the public nuisance is not abated within 30 calendar days from the date of adoption of this resolution the City Manager is directed to abate the nuisance pursuant to Carlsbad Municipal Code Section 6.16.060. 11. That the City Manager is also authorized to collect the costs of the abatement by the means described in Carlsbad Municipal Code Section 6.16.110 or any other lawful means. 26 . . . 28 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a PASSED, APPROVED AND ADOPTED at a regular meeting of the City Col the City of Carlsbad, California, held on the 2nd day of AUGUSl 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: (SEAL) 3.