HomeMy WebLinkAbout1996-07-16; City Council; Resolution 96-2561
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RESOLUTION NO. 96-256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 4702 TELESCOPE
AVENUE, APN 207-41 2-1 8-00.
WHEREAS, the City Council at their meeting of July 16, 1996 held a duly r
public hearing and considered all evidence and testimony of anyone desiring to be hearc
WHEREAS, the structure on the property was declared a dangerous build
accordance with the Uniform Code for the Abatement of Dangerous Buildings; and
WHEREAS, the time limits imposed in a Notice and Order by the City's
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 becor
defective, unsightly, dangerous or in condition of deterioration or disrepair so that the
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 conditions on the parcel constitute a public nuisance as defi
Section 6.16.01 0 of the Carlsbad Municipal Code,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, as follows:
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nuisances.
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That the above recitations are true and correct.
That the City has the power at both common law and by ordinance to
That the condition of the property is adverse or detrimental to the I
health, safety and general welfare of the public.
4. That the property is maintained in a manner which is materially detrimer
property and improvements in the immediate vicinity of such real property.
5. That the conditions on the property constitute a public nuisance.
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6.
7. That the abatement of the nuisance shall be the removal of all struc
That the public nuisance shall be abated.
debris and backfilling of the existing swimming pool.
8. That the abatement of the nuisance shall be completed by the property
within thirty (30) calendar days from the date of adoption of this resolution.
9. That if such public nuisance is not abated within thirty (30) calendar day:
the date of adoption of this resolution, then the Council will cause the abatement there
will make the expense of such abatement a personal obligation of the landowner or 1
creating, causing, committing, or maintaining the public nuisance and a person obligal
the property owner of the subject property, and a special assessment against the prope
IO. That if the public nuisance is not abated within thirty (30) calendar day5
the date of adoption of this resolution the City Manager is directed to abate the nul
pursuant to Carlsbad Municipal Code Section 6.16.060.
11. That the City Manager is also authorized to collect the costs of the abat
by the means described in Carlsbad Municipal Code Section 6.16.010 or any other
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
City of Carlsbad on 16th day of JULY 1996, by the following vo
wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
lld&.%RQ&
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
3.