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HomeMy WebLinkAbout1996-03-12; City Council; Resolution 96-851 2 3 4 5 6 a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING A PUBLIC NUISANCE AT 1600 BUENA VISTA WHEREAS, the City Council at their meeting of March 12, 1996 held WAY, APN 156-142-40-00. noticed public hearing and considered all evidence and testimony of anyone des1 be heard. WHEREAS, the property is parked with a motor home, stake bed truck, c; truck, cars, pick-up trucks that are operable and inoperable, rubbish, debris dilapidated green houses, weeds and may cause harm to persons; and 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 tl same will, or may cause harm to persons, or which will be materially detrime property or improvements located in the immediate vicinity of such real proper1 WHEREAS, the conditions on the parcel constitute a public nuisance as c in Section 6.16.01 0 of Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cai California, as follows: 1. 2. That the above recitations are true and correct. That the condition of the property is adverse or detrimental to the health, safety and general welfare of the public 3. That the City has the power at both common law and by ordina abate nuisances. //I //I/ 0 0 4. 5. 6. 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 inor motor homes, catering trucks, cars, pick-up trucks, dead plants, debris, weed repair the green houses or remove the green houses. 7. That the abatement of the nuisance shall be completed by the pr owner within 45 calendar days from the date of adoption of this resolution. 8. That is such public nuisance is not abated within 45 calendar day the date of adoption of this resolution that the Council will cause the abatement t and will make this expense of abatement a personal obligation of the person crc causing, committing, or maintaining the public nuisance, and a personal obliga the property owner of the subject property, and a special assessment agair subject property. 9. That if the public nuisance is not abated within 45 calendar days frc date of adoption of this resolution, the City Manager is directed to abate the nu pursuant to Carlsbad Municipal Code, Section 6.1 6.060. 11 That the City Manager is also authorized to collect the costs abatement by the means described in Carlsbad Municipal Code, Section 6.1 6. any other lawful means. 2 e m PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council City of Carlsbad, California, held on the 12th day of MARCH 1996, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall NOES: None ABSENT: Council Members Nygaard, Kulchin ~~~~ Y E& CLAUDE A. LEWIS, Mayor Ri"8eiierk 3