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HomeMy WebLinkAbout1996-02-20; City Council; Resolution 96-601 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 RESOLUTION NO. 96-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA DECLARING A PUBLIC NUISANCE AT 1685 CHESTNU1 AVENUE, APN 205-220-26-00. WHEREAS, the City Council at their meeting of February 20, 1996 duly noticed public hearing and considered all evidence and testimony of anyone c to be heard. WHEREAS, the property is parked with two large commercial trucks, cars, trucks that are inoperable, rubbish, debris, junk, and weeds cause harm to persons WHEREAS, the time limits imposed in a Notice and Order by the City’ Enforcement Officer have expired; and WHEREAS, the property is in a condition which is adverse or detrimental to peace, health, safety or general welfare; and WHEREAS, the property is maintained so as to permit the same to becc defective, unsightly, dangerous or in a condition of deterioration or disrepair so that th will, or may cause harm to persons, or which will be materially detrimental to prop improvements located in the immediate vicinity of such real property; and WHEREAS, the site is littered with rubbish, debris, junk, house hold waste, weec commercial vehicles, inoperable cars, and pick-up trucks; and WHEREAS, the conditions on the parcel constitute a public nuisance as defi Section 6.16.010 of Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca California, as follows: 1. 2. That the above recitations are true and correct. That the City has the power at both common law and by ordinance tc nuisances. 3. That the condition of the property is adverse or detrimental to the peace, 1 safety and general welfare of the public fff 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 4. That the property is maintained in a manner which is materially detrim property and improvements in the immediate vicinity of such real property. 5. 6. 7. That the conditions on the property constitute a public nuisance. That the public nuisance shall be abated. That abatement of the nuisance shall be the removal of all large corn trucks, inoperable cars, pick-up trucks, junk, debris, and weeds. 8. That the abatement of the nuisance shall be completed by the property within 30 calendar days from the date of adoption of this resolution. 9. That is such public nuisance is not abated within 30 calendar days fr date of adoption of this resolution that the Council will cause the abatement thereof i make this expense of abatement a personal obligation of the person creating, ( committing, or maintaining the public nuisance, and a personal obligation of the p owner of the subject property, and a special assessment against the subject property That if the public nuisance is not abated within 30 calendar days from t of adoption of this resolution, the City Manager is directed to abate the nuisance purs Carlsbad Municipal Code, Section 6.1 6.060. 10. 11 That the City Manager is also authorized to collect the costs of the ab; by the means described in Carlsbad Municipal Code, Section 6.16.1 10 or any other means. //I /// /I/ /// /// //I I// /// 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Councl City of Carlsbad, California, held on the 20th day of February by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAU'TENmANZ, City Clerk \ (SEAL) 3