HomeMy WebLinkAbout1995-09-26; City Council; Resolution 95-276L 0 0
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RESOLUTION NO. 95 - 376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA DECLARING THE FIRE DAMAGED BUILDING AT 4
TAMARACK AVENUE, APN 206-042-01-00 A PUBLIC NUISANCE.
WHEREAS, the City Council at their meeting of September 26, 1995, ht
noticed public hearing and considered all evidence and testimony of anyone desi
heard.
WHEREAS, the building is by defi.nition of the Carlsbad Municipal Code Sect
a substandard building and may cause harm to persons; and
WHEREAS, the time limits imposed in a Notice and Order by the City’!
Official have expired; and
WHEREAS, the property is in a condition which is adverse or detrimental
peace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to bl
defective, unsightly, dangerous or in a condition of deterioration or disrepair so tha
will, or may cuase harm to persons, or which will be materially detrimental to p
improvements located in the immediate vicinity of such real property; and
WHEREAS, the structures have burned twice within the last two months; 2
WHEREAS, the site is known to be a haven for vagrants in the area; and
WHEREAS, the site is littered with appliances, clothing, and fire debris; ar
WHEREAS, the structures are damaged beyond repair; and
WHEREAS, the conditions on the parcel constitute a public nuisance as I
Section 6.1 6.01 0 of the Carlsbad Municipal Code.
NOW, THEREFORE, by the City Council of the City of Carlsbad, Calfic
hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the City has the power at both common law and by ordinanc
nuisances.
3. That the condition of the property is adverse or detrimental to the pea
safety and general welfare of the public.
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4. That the property is maintained in a manner which is materially detr
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 demolition and rem(
structures on the site and clean-up of all appliances, clothing, and fire debris on
8. That the abatement of the nuisance shall be completed by the prop€
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 fro
of adoption of this resolution that the Council will cause the abatement thereof and
this expense of abatement a personal obligation of the person creating, causing, cc
or maintaining the public nuisance, and a personal obligation of the property ow
subject property, and a special assessment against the subject property.
10. That if the public nuisance is not abated within 30 calendar days fror
of adoption of this resolution the City Manager is directed to abate the nuisance p
Carlsbad Municipal Code Section 6.1 6.060.
11. That the City Manager is also authorized to collect the costs of the i
by the means described in Carlsbad Municipal Code Section 6.1 6.1 10 or any ot!
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour
City of Carlsbad, California, held on the 26th day of SEPTEMBER
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALgTei AgE
(SEAL)
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