HomeMy WebLinkAbout2024-11-19; City Council; ; Public Nuisance Abatement Hearing – 2921 Roosevelt St.CA Review MK
Meeting Date: Nov. 19, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director of Community Development
mike.strong@carlsbadca.gov, 442-339-2607
Robbie Hickerson, Code Enforcement Manager
robbie.hickerson@Carlsbadca.gov, 442-339-2818
Subject: Public Nuisance Abatement Hearing – 2921 Roosevelt St.
District: 1
Recommended Actions
1.Hold a public hearing; and
2.Adopt a resolution finding that the conditions on private property located at 2921 Roosevelt
Street (APN 203-292-10-00) constitute a public nuisance and ordering abatement of the public
nuisance pursuant to Chapter 6.16 (Public Nuisances and Property Maintenance) of Title 6
(Health and Sanitation) of the Carlsbad Municipal Code.
Executive Summary
City staff have been actively addressing property maintenance issues and other health and safety
issues deemed to be a public nuisance on property located at 2921 Roosevelt St., since at least
2014. The persistent violations include failures to:
•Remove junk, debris, and numerous bulky items stored at the front and rear of the property
•Properly secure or remove substandard buildings (shed and storage structures), some of
which have been used as dwellings
•Fix the front porch entry area of the main structure (a new violation)
These continuing or recurring conditions are so extensive and of such a nature that the building
endangers life and safety of residents or the public.
The property owner has been served with administrative notices and citations at various times
since 2014 in response to various complaints about the property. Previous violations were
corrected, but then subsequent complaints demonstrated that the violations had reoccurred and
revealed new violations.
Nov. 19, 2024 Item #10 Page 1 of 106
In the current code enforcement case, the property owner was served with a notice of violation,
followed by a notice and order to repair from the city’s building official. (Exhibit 3). The notice and
order to repair was also mailed to all interested parties of the property and was recorded against
the property, as provided by the California Health and Safety Code.
The city also served all mortgagees and/or beneficiaries under any recorded deed of trust of the
property with two notices of this hearing, as required by city ordinance.
The owner has taken some actions to correct the nuisance and substandard conditions on the
property. However, these actions have not been sufficient to bring the property into compliance
with the Carlsbad Municipal Code and applicable state laws.
The city’s efforts to obtain compliance through various administrative remedies have proven to be
unsuccessful.
If a notice of violation for a public nuisance or a Notice and Order to Repair that includes a public
nuisance violation has been issued and has not been remedied by the responsible parties in a
timely manner or appealed, the city may seek abatement of the nuisance through a public hearing
before the City Council. Carlsbad Municipal Code Sections 6.16.040, 6.16.070, and 6.16.080 require
the City Council to determine whether a public nuisance exists and whether abatement is
appropriate.
If the City Council determines that the conditions at the property constitute a public nuisance, the
property owner will be ordered to abate the nuisance within 30 calendar days. If the property
owner does not abate the nuisance within 30 days, the abatement order also contains
authorization for the city to take the necessary steps to abate the nuisance and recover its costs
through a special assessment or lien on the property.
Explanation & Analysis
Background
The property located at 2921 Roosevelt St.
(APN 203-292-10-00) is owned by The 2921
Roosevelt Ltd., a California business trust dated
March 19, 2001, Samuel Kelsall V as Executive
Trustee (the property owner), and mortgagees
American First Federal Inc., American Securities
Company, CDC Small Business Finance Corp.
and U. S. Small Business Administration, Fresno
Commercial Loan Servicing Center.
The property consists of a 0.16-acre lot,
located west of Interstate-5 and north of
Carlsbad Village Drive. The lot is relatively flat
and surrounded by various non-residential
properties. The property contains an existing
one-story, building for office use with on-site
parking in the rear of the building, accessed from the alley. The property also has three
shed/storage structures in the rear.
Substandard structure in the rear of the property, as
seen from the alley.
Nov. 19, 2024 Item #10 Page 2 of 106
Code Enforcement staff have inspected the property 67 times over the past ten years to
respond to various complaints. Since at least 2014, the city has received repeated complaints
regarding Carlsbad Municipal Code violations on the property. These complaints have included
junk and debris surrounding the property, unauthorized alterations, repairs, additions and
changes of occupancy to existing buildings and structures, prohibited temporary storage
containers, operation of an amusement game arcade without the requisite Village review
permit and an unpermitted sign advertising the arcade, unauthorized parking of a recreation
vehicle, unauthorized bee apiary and public nuisance. The property was brought into
compliance by April 2016 when the property owner challenged certain violations on appeal.
However, by March 2019, the city received a complaint that junk was being stored on the
property. Further investigation revealed a potentially inoperable vehicle in the rear of the
property, unauthorized parking of a recreation vehicle with an electrical cord running into one
of the storage shed structures, a truck containing a makeshift camper in the truck bed area, old
car parts, boxes and other items covered by tarps in the back yard, a soda vending machine,
and air conditioning units in the storage shed structures. The city and the property owner
entered into a code compliance agreement to attempt to resolve the code violations and
nuisance conditions, which was effective until Dec. 30, 2023. Ultimately, by May 12, 2022, the
violations were substantially corrected with a few vending machines remaining on site and a
few bulky items kept under a tarp in the rear area of the property which the property owner
agreed to move into the storage shed structures or elsewhere. The property owner also
provided contractor certifications that the electrical, plumbing, and mechanical systems inside
the storage shed structures satisfied the applicable code requirements given the age of the
structures.
In July 2023, the fire department responded to a fire to a tree in the rear of the Property, just
outside one of the storage/shed structures. Further inspection revealed an unpermitted
basement beneath one storage/shed structure that contained an unpermitted HVAC system,
exposed wiring, and evidence of habitation including mattresses, trash, and other personal
items. These violations were ultimately corrected by May 2024.
Police calls for service
Police officers have routinely patrolled the property over a period of several years due to
repeated calls from the property owner and from neighboring properties regarding homeless
encampments on the property, trespassing, such as people gaining access to the shed/storage
structures through the roof and by breaking locks, and other suspicious or illegal activity, such
as drug use or possession of stolen items.
• Between Sept. 1, 2016, and July 6, 2019, there were 36 transient or trespassing-related
calls for service and police responses at the property. Some of the calls were made by
the property owner or their staff.
• Between July 7, 2019, and Dec. 26, 2022, there were 15 transient or trespassing-related
calls for service and police responses, plus one response for suspected drug use on the
premises and one response for shotgun shells found at the property.
• On at least 39 dates between Dec. 27, 2022, and Oct. 24, 2024, police officers patrolling
or dispatched to the area found people sleeping behind the property or otherwise
trespassing.
Nov. 19, 2024 Item #10 Page 3 of 106
• On 12 dates between Feb. 11, 2023, and Oct. 24, 2024, police officers discovered
unlocked doors and locks that had been damaged or removed at the property.
Police officers have either informed people who they found on the property that they do not
have permission to be there, or if they had previously been warned, cited them for trespassing.
Current code enforcement case
The most recent code enforcement case was opened after an Aug. 16, 2024, complaint to the
city’s Code Enforcement Division about the conditions at property. Upon inspection, Code
Enforcement staff observed a large tarped area at the rear of the property, adjacent to the
shed/storage structures. The tarp is covering numerous bulky items, including large video
game machines, a metal tank, a dilapidated vending machine, poles, piles of wood along the
wall, green padding, trash and debris. The structure, apparently made of metal poles and
tarps, is unsecure, making the property an attractive nuisance. The tarped area has existed on
the property since at least July 2023 but has recently grown in size.
Further inspection revealed the shed/storage structures were still being used as dwellings by
one or more occupants.
The property creates a fire hazard for the occupants of the property, the surrounding
commercial properties and the general public because of the condition of the shed/storage
structure and the covered tarp area and their unlawful use as a dwelling.
Code violations
These conditions are in violation of the following state laws and Carlsbad Municipal Code
sections:
California Health and Safety Code Section 17920.3.A.14
Any building or portion thereof including any dwelling unit, guest room or suite of
rooms, or the premises on which the same is located, in which there exists any of the
following listed conditions to an extent that endangers the life, limb, health, property,
safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to, the following: …
(14) General dilapidation or improper maintenance.
California Health and Safety Code Section 17920.3.C
(c) Any nuisance.
California Health and Safety Code Section 17920.3.H
(h) Any building or portion thereof, device, apparatus, equipment, combustible
waste, or vegetation that, in the opinion of the chief of the fire department or
his deputy, is in such a condition as to cause a fire or explosion or provide a
ready fuel to augment the spread and intensity of fire or explosion arising from
any cause.
California Health and Safety Code Section 17920.3.N
(n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those
occupancies.
Nov. 19, 2024 Item #10 Page 4 of 106
Carlsbad Municipal Code Section 6.12.015.I
The existence of any of the following conditions on any property is a public
nuisance: …
I. All other conditions deemed to be a "nuisance" or "public nuisance" as defined
throughout this code
Carlsbad Municipal Code Section 6.12.015(J)
The existence of any of the following conditions on any property is a public
nuisance: …
J. Property upon which any violation of this code or any applicable state, county,
or local law exists, or property which is used in violation of this code or any
applicable state, county, or local law.
Code Enforcement staff initially served the property owner with a notice of violation on Aug.
23, 2024, for violations of:
• California Health and Safety Code Section 17920.3(A)(14) - For inadequate sanitation:
general dilapidation or improper maintenance
• California Health and Safety Code Section 17920.3(C) - Nuisance
• California Health and Safety Code Section 17920.3(H) - Fire hazard due to cooking
implements and used candles in storage shed structures not intended for dwelling units
• California Health and Safety Code Section 17920.3(N) - Unintended occupancy
A copy of the notice of violation is provided in Exhibit 3.
The city’s Building Official subsequently inspected the property and found that only some of
the violations had been corrected. The Building Official issued the property owner a notice and
order to repair substandard building and abate public nuisance on Sept. 4, 2024.
The notice and order cited violations of the following (code text described in detail above):
• California Health and Safety Code Section 17920.3(A)(14) / 1997 Uniform Housing
Code, Chapter 10, Section 1001.2.13 – Inadequate sanitation: general dilapidation or
improper maintenance
• California Health and Safety Code Section 17920.3(C) - Nuisance
• California Health and Safety Code Section 17920.3(H) / 1997 Uniform Housing Code,
Chapter 10, Section 1001.9 - Fire hazards
• California Health and Safety Code Section 17920.3(N) / 1997 Uniform Housing Code,
Chapter 10, Sections 1001.14 - Unintended occupancy
• Carlsbad Municipal Code Section 6.08.100 - Unlawful placement of solid waste
• Carlsbad Municipal Code Sections 6.16.010 and 6.16.015(J) - Nuisance
The notice and order to repair was served on the property owner on or about Sept. 4, 2024,
and was recorded against the property on Sept. 5, 2024, in accordance with California Health
and Safety Code Section 17985(a) (see Exhibit 3). A copy of the notice and order to repair was
also mailed to all interested parties of the property. The property owner did not file an appeal
of the notice and order to repair.
Nov. 19, 2024 Item #10 Page 5 of 106
Staff have inspected the property six times over the past four months and determined that the
property owner has not fully corrected the violations described above. Accordingly, on Oct. 28,
2024, the city served a notice of this public nuisance abatement hearing on the property
owner by posting the notice on the property and sent the notice via first class mail to the
property owner and all mortgagees and/or beneficiaries under a recorded deed of trust, in
compliance with the Carlsbad Municipal Code. A second notice of this hearing was served in
the same manner on Nov. 4, 2024.
A complete timeline of the code enforcement cases on this property is provided as Exhibit 2.
All notices related to the current enforcement case and declarations of service for the notice of
nuisance abatement action are provided as Exhibit 3. Photographs of the nuisance conditions
are provided as Exhibit 4.
Determination of public nuisance
The city first tries to resolve code violations through voluntary compliance, usually through
verbal and/or written warnings. When that fails, administrative remedies, such as
administrative citation penalties, are issued, starting at $100 for the first citation, then going
up to $200 for the second and $500 for the third and subsequent citations issued. In other
cases where there are California Health and Safety Code violations, a notice and order to repair
issued by the building official is more appropriate.
Code Enforcement staff also take into account unique hardships or challenges of violators to
provide sufficient time to remedy the violation. However, if the violations persist and cause a
public health and safety risk, the city will, as a last resort, pursue a public nuisance abatement
action. This remedy is particularly well-suited when the public nuisance conditions are on the
exterior of the property, outside the main structure, because it avoids the need for city staff or
contractors to enter a private structure to abate the nuisance conditions.
Carlsbad Municipal Code Section 6.16.010 defines a public nuisance as:
• Any condition caused, maintained, or in existence which constitutes a threat
to the public's health, safety, and welfare or to the environment, or which
significantly obstructs, injures, or interferes with the reasonable or free use
of property in a neighborhood, community, or to any considerable number
of persons, or which constitutes a public nuisance under California Civil Code
Sections 3479 through 3480; and
• Real property which is maintained in such a defective, unsightly, dangerous,
or deteriorated condition, or state of disrepair, that the property will or may
cause harm to persons, or will be materially detrimental to property or
improvements located in the immediate vicinity of the property.
The property owner has a history of altering structures without obtaining appropriate permits
and inspections resulting in building, fire and other uniform code violations, including electrical
work, plumbing and ventilation, etc. The rear area of the property also has a history of being
used for habitation purposes, whether by trespassers or otherwise. Based on prior experience
with the property, as well as the current violations, the conditions at 2921 Roosevelt St. meet
the municipal code’s definitions of a public nuisance, warranting abatement.
Nov. 19, 2024 Item #10 Page 6 of 106
The accumulation of numerous bulky items stored at the rear and front of the property, failure
to fix the front porch entry area of the main structure, failure to adequate repair the locking
mechanism to the shed/storage structures and secure them from trespass or unlawful entry
depreciate the value of this property and surrounding properties, interfering with neighboring
property owners’ reasonable or free use of their property.
Additionally, the property is maintained in such a defective, unsightly, dangerous or
deteriorated condition, or state of disrepair, that the property will or may cause harm to
people who access the property and will be materially detrimental to property or
improvements in the immediate vicinity of the property.
The property owner’s efforts to bring the property into compliance have been inadequate;
code violations continue to reoccur, and new violations have surfaced. City staff and the police
department have received multiple complaints regarding the issues and poor conditions on the
property.
Abatement procedures
Carlsbad Municipal Code Chapter 6.16 establishes procedures for the abatement of public
nuisance conditions which, as in this case, have not been remedied after a notice of violation
has been issued to the violator.
• First, the City must serve the property owner and any mortgagees and/or beneficiary
under any recorded deed of trust of the affected premises with notice of the public
nuisance abatement hearing and the consequences for the failure to abate the
nuisance conditions, consistent with the form of notice provided in Carlsbad Municipal
Code Section 6.16.050.
• The notice must be served at least 15 calendar days before the hearing, and again at
least 5 calendar days before the hearing.
• Proof of service must be filed by affidavit or declaration with the City Clerk.
As explained above, city staff satisfied these requirements by serving the property owner and
all mortgagees and beneficiaries on title with notice of this hearing via mail and posting of the
notice on the property on Oct. 28, 2024, and again via mail on Nov. 4, 2024. Declarations of
service are attached in Exhibit 3.
• Next, the City Council presides over the public nuisance abatement hearing to
determine if there is, in fact, a public nuisance on the property and whether abatement
is appropriate.
• If abatement is found to be appropriate, the City Council issues an abatement order in
the form of a resolution. (Exhibit 1)
• If the property owner fails to abate the nuisance within the 30-day timeframe specified
in the abatement order, the city may proceed with abating the nuisance.
Abatement would include:
• Removing junk, debris and bulky waste from all exterior areas of the property, such as
video game machines.
• Repairing all wood and railings on the front porch back to their original condition or to
otherwise avoid safety risks and hazards.
Nov. 19, 2024 Item #10 Page 7 of 106
• Repairing the locking mechanism for the storage shed structures with a bolted, more
secure and less penetrable locking mechanism.
• Replacing the temporary glass sheet that is screwed into the broken skylight in one of
the shed structures with boards to prevent future trespassers and avoid future glass
breakage.
Cost recovery
The city can recover the costs of abatement by serving an abatement cost report to the
responsible party. The cost report may be challenged by the responsible party in another
hearing before the City Council.
If the cost report is not challenged or if the city prevails at the cost report hearing, the
property owner must pay the costs of abatement. If the owner fails to pay the costs of the
abatement upon demand by the city, the city may impose a special assessment against the
property for the value of the abatement costs or the City Attorney’s Office may file a lawsuit
seeking to recover the city’s costs.
When a special assessment is imposed against the property, the abatement costs can be
collected on the property tax bill at the same time and in the same manner as ordinary county
taxes. The associated charge could be applied in semi-annual installments on the property
owner’s tax bill for the next fiscal year 2025-26.
If it is later determined that the property is not owner-occupied, the city could alternatively
impose a lien against the property for the value of the abatement costs. At this time, it is
unclear whether the owner is occupying the property, although this would be determined
before the city conducts any abatement on the property.
Fiscal Analysis
It would cost the city around $5,000 to $10,000 to do the work required to abate the nuisance
at the property. These costs would need to be paid from the General Fund.
If the owner fails to pay the costs of the abatement upon demand by the city, the city can
make the cost of abatement a special assessment against the property. While the city will
place a special assessment against the property to ensure reimbursement of these expenses,
exact time of repayment is unknown. However, it is anticipated that the assessment would be
paid in two property tax installments during the 2025-26 fiscal year, to be paid in the same
manner and with the same interest rates as ordinary county taxes. All laws applicable to the
levy, collection and enforcement of municipal taxes shall be applicable to the special
assessment.
If it is determined that the property is not owner-occupied and the city alternatively imposes a
lien against the property for the value of the abatement costs, costs would likely not be
recovered until the property is sold.
Environmental Evaluation
The California Environmental Quality Act requires analysis of agency approvals of “projects.” A
project under CEQA is defined as “an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment” (California
Nov. 19, 2024 Item #10 Page 8 of 106
Public Resource Code Section 21065). The proposed action does not constitute a project within the
meaning of CEQA in accordance with Section 15321.
The proposed action qualifies for the Class 21 Enforcement Actions by Regulatory Agencies
exemption, which includes enforcement actions by the Code Enforcement Division. The potential
action has no potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
2. Timeline of the code enforcement case
3. Administrative notices, citations, declarations of service
4. Site photos
Nov. 19, 2024 Item #10 Page 9 of 106
Exhibit 1
Nov. 19, 2024 Item #10 Page 10 of 106
RESOLUTION NO. 2024-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA FINDING THAT THE CONDITIONS ON PRIVATE PROPERTY
LOCATED AT 2921 ROOSEVELT STREET (APN 203-292-10-00) CONSTITUTE
A PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE PUBLIC
NUISANCE PURSUANT TO CHAPTER 6.16 (PUBLIC NUISANCES AND
PROPERTY MAINTENANCE) OF TITLE 6 (HEALTH AND SANITATION) OF THE
CARLSBAD MUNICIPAL CODE
WHEREAS, after holding a public nuisance abatement hearing on the date of this resolution, the
City Council of the City of Carlsbad finds the following facts as set forth in this resolution; and
WHEREAS, the property located at 2921 Roosevelt Street (APN 203-292-10-00) ("the Property")
is owned by The 2921 Roosevelt Ltd., a California business trust dated March 19, 2001, Samuel Kelsall
V as Executive Trustee ("Property Owner") and mortgagees American First Federal Inc., American
Securities Company, CDC Small Business Finance Corp., and U.S. Small Business Administration, Fresno
Commercial Loan Servicing Center; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
of public nuisance-related complaints on the property dating back to 2014 when code officers
discovered junk and debris at the rear of the main building, as well as evidence of habitation in the
storage shed structures at the rear of the building; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that between 2014-2024 the Property Owner was noticed and cited for several municipal code
violations including junk accumulation, expired business license, unauthorized alterations, repairs,
additions and changes of occupancy to existing buildings and structures, prohibited temporary storage
containers, operation of an amusement game arcade without the requisite Village review permit and
an unpermitted sign advertising the arcade, unauthorized parking of a recreation vehicle, unauthorized
bee apiary and public nuisance; and
WHEREAS, the City Council finds that Property Owner challenged some of these violations in an
appeal filed on April 8, 2016. On appeal, the administrative hearing officer found that the city had
established the violations alleged in the final notice of violation and found that the property's
condition, including trash, junk and debris and the dilapidated condition of the structures and unlawful
activities constituted a public nuisance dangerous to the health and welfare of the public. The
administrative hearing officer also found that by the time of the hearing the Property Owner had
brought the property into compliance; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that similar nuisance conditions had returned to the Property by March 2019 when the city received a
complaint that junk was being stored on the property; further investigation revealed a potentially
inoperable vehicle in the rear of the property, an RV/camper vehicle parked in the rear of the property
for several days with an electrical cord running into a storage shed structure, a truck containing a
makeshift camper in the truck bed area, old car parts, boxes and other items covered by tarps in the
back yard, a soda vending machine, and air conditioning units in the storage shed structures; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that the City attempted to resolve the 2019 code violations and nuisance conditions through a code
compliance agreement, which was effective until Dec. 30, 2023. Ultimately, by May 12, 2022, the
violations were substantially corrected with a few vending machines remaining on site and a few bulky
items kept under a tarp in the rear area of the property which the property owner agreed to move into
the storage shed structures or elsewhere; Property Owner also provided contractor certifications that
the electrical, plumbing, and mechanical systems inside the storage shed structures satisfied the
applicable code requirements given the age of the structures; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that since at least July 2023, new nuisance conditions have arisen on the property as well as nuisance
conditions persisting from previous code cases; that these nuisance conditions were observed after the
fire department responded to a fire to a tree in the rear of the Property, just outside one of the storage
unit structures; and that these nuisance conditions included an unpermitted basement beneath one
storage units that contained an unpermitted HVAC system, exposed wiring, and evidence of habitation
including mattresses, trash, and other personal items; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that Propery Owner received a notice of violation on September 12, 2023, for the July 2023 nuisance
conditions, and that these violations were not resolved until May 17, 2024, after multiple follow-up
code enforcement inspections; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that new and recurring public nuisance and substandard housing violations were discovered on August
16, 2024, including: railings and wood flooring on the front porch of the main structure in disrepair and
Nov. 19, 2024 Item #10 Page 11 of 106
unsafe to stand on; damaged door lock and hasp on one wooden storage shed structure in the rear of
the property that continues to fail and results in trespassers dwelling in the storage shed structure that
is not designed for human habitation; broken skylight in one of the storage shed structures; evidence
of human habitation in the shed storage structures including mattresses, trash, drug paraphernalia,
cooking implements, and used candles; unlawful placement of solid waste adjacent to the storage shed
structures, namely tarped arcade games and other bulky items that are being used by trespassers as a
dwelling space; and
WHEREAS, the City of Carlsbad Code Enforcement Division provided substantial evidence that
it duly served the Property Owner with a notice of violation on Aug. 23, 2024, for violations of California
Health and Safety Code Sections 17920.3(A)(14) (inadequate sanitation: general dilapidation or
improper maintenance), 17920.3(C) (nuisance), 17920.3(H) (fire hazard due to cooking implements and
used candles in the storage shed structures not intended for dwelling units), and 17920.3(N)
(unintended occupancy), a copy of which is provided as Exhibit 3 to the Nov. 19, 2024 City Council staff
report associated with this Resolution ; and
WHEREAS, there is substantial evidence that the Building Official served the Property Owner
with a Notice and Order to Repair Substandard Building and Abate Public Nuisance on or about Sept.
4, 2024, for violations of California Health and Safety Code Sections 17920.3(A)(14) (inadequate
sanitation: general dilapidation or improper maintenance), 17920.3(C) (nuisance), 17920.3(H) (fire
hazards), and 17920.3(N) (unintended occupancy); 1997 Uniform Housing Code, Chapter 10, Sections
1001.14 (hazardous or insanitary premises), 1001.2.13 (inadequate sanitation/general dilapidation),
and 1001.9 (fire hazards); and Carlsbad Municipal Code Sections 6.08.100 (unlawful placement of solid
waste), 6.16.010 (nuisance) and 6.16.010(J) (nuisance), a copy of which is provided as Exhibit 3 to the
Nov. 19, 2024 City Council staff report associated with this resolution; and
WHEREAS, there is substantial evidence that the Notice and Order was also mailed to all
interested parties of the Property; and
WHEREAS, the notice and order was recorded against the property on Sept. 5, 2024, pursuant
to California Health and Safety Code Section 17985(a); and
WHEREAS, the Property Owner did not file an appeal of the Notice and Order to Repair; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that Property Owner has not fully remedied the new and recurring public nuisance and substandard
housing violations on the property, including: Railings and wood flooring on the front porch of the main
Nov. 19, 2024 Item #10 Page 12 of 106
structure in disrepair and unsafe to stand on; unreliable door lock and hasp on one wooden storage
shed structure in the rear of the property that continues to fail and results in trespassers dwelling in
the storage shed structure that is not designed for human habitation; broken skylight in one of the
storage shed structures that has been temporarily been repaired with a piece of glass and screws but
that requires a more sustainable repair such as boarding up; unlawful placement of solid waste
adjacent to the storage shed structures, namely tarped arcade games and other bulky items that are
being used by trespassers as a dwelling space; and
WHEREAS, there is substantial evidence that numerous transient or trespass-related calls for
service and police responses have occurred at the Property due to trespassing activity, persons sleeping
in the rear of the property or in the storage shed structures, or other suspicious or illegal conduct such
as drug use or possession of stolen items. Between Sept. 1, 2016, and July 6, 2019, there were 36 such
transient or trespass-related calls for service and police responses, some of which originated from the
Property Owner or his staff; between July 7, 2019, and Dec. 26, 2022, there were 15 such calls for
service and police responses, plus one response for suspected drug use on the premises and one
response for shotgun shells found at the Property. On at least 39 separate dates between Dec. 27,
2022, and Oct. 24, 2024, police officers patrolling or responding to the area located people sleeping
behind the Property or otherwise trespassing. On 12 separate dates between Feb. 11, 2023, and Oct.
24, 2024, police officers discovered unlocked doors and locks that had been damaged or removed at
the Property. Police officers have either warned contacted persons they do not have permission to be
at the Property or have cited such persons for trespassing if they have previously been warned; and
WHEREAS, the City Council finds that the present conditions on the Property, taken together,
are a public nuisance as defined by Carlsbad Municipal Code Section 6.16.010, because they constitute
a threat to the public's health, safety, and welfare or to the environment, and significantly obstruct,
injure, or interfere with the reasonable or free use of property in a neighborhood, community, or to
any considerable number of persons, or otherwise constitute a public nuisance under California Civil
Code Sections 3479 through 3480; and
WHEREAS, the City Council finds that the present conditions on the Property, taken together,
are also a public nuisance as defined by Carlsbad Municipal Code Section 6.16.010, because the
Property is being maintained in a manner that is so defective, unsightly, dangerous, and in a condition
of deterioration and disrepair that persons or property may be harmed; and
Nov. 19, 2024 Item #10 Page 13 of 106
WHEREAS, the City Council finds that the present conditions on the Property are a public
nuisance as defined by Carlsbad Municipal Code Section 6.16.015(J), because they violate various
provisions of both state and local law; and
WHEREAS, the record upon which this substantial evidence is based, includes but is not limited
to: (1) photographic documentation and code enforcement officer observations to document the
violations; (2) copies of notices and documents developed or created during the case investigation;
(3)all other matters of common knowledge to the city, including, but not limited to, city, state, and
federal laws and policies, rules, regulations, applicable within the city and its surrounding areas; and
(4)the Nov. 19, 2024, City Council staff report, which is incorporated herein by this reference and
adequately summarizes any other facts, findings, and other determinations in support of this nuisance
abatement order; and
WHEREAS, pursuant to Carlsbad Municipal Code Section 6.16.040, the City Council must
conduct a public hearing to determine if a public nuisance exists, and if so, whether and how it will be
abated; and
WHEREAS, a public hearing was scheduled for Nov. 19, 2024, at 5 p.m., in the City Council
Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA, as the time and place for a public hearing to hear
any objection to the proposed abatement or removal of the public nuisance; and
WHEREAS, the City of Carlsbad Code Enforcement Division provided substantial evidence that
they duly served the Property Owner and any mortgagee and/or beneficiary under any recorded deed
of trust of the affected premises on Oct. 28, 2024 and Nov. 4, 2024, with two notices of the nuisance
abatement hearing set for Nov. 19, 2024, at 5 p.m., as required by Carlsbad Municipal Code Sections
6.16.050 and 6.16.060.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AS FOLLOWS:
1.That the above recitations are true and correct.
2.Adopting a Resolution ordering abatement for APN 156-152-15-00 does not meet CEQA's
definition of a “project,” because the action does not have the potential for resulting in
either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment.
Nov. 19, 2024 Item #10 Page 14 of 106
3.Any and all objections to the proposed removal or repair of the following items located in the
rear area of the Property, as reported by the City of Carlsbad Code Enforcement Division, are
hereby overruled: trash, junk, and debris, including bulky waste; damage to the front porch;
damage to the locking mechanism for the storage shed structures; damage to the skylight
inside one of the storage shed structures; and
4.The public nuisance conditions on the Property shall be abated by the Property Owner within
30 days from the date of this Resolution by:
A.Completely removing all of the following items located in the rear area of the Property:
Trash, junk, and debris, including bulky waste. All such items need to be stored inside the
main structure, the storage unit structures, or off-site and cannot be stored outside the
Property using tarps or other temporary materials for coverage.
B.Repairing all wood and railings on the front porch back to their original condition or to
otherwise avoid safety risks and hazards.
C.Repairing the locking mechanism for the storage shed structures with a bolted, more
secure and impenetrable locking mechanism.
D.Replacing the temporary glass sheet that is screwed into the broken skylight in one of
the shed structures with boards to prevent future trespassers and avoid future glass
breakage.
E.Removing the dilapidated vending machine and arcade game from front porch. These
items must be stored inside the main structure, the shed structures, or off-site and
cannot be stored outside the Property using tarps or other temporary materials for
coverage.
5.Any public nuisance conditions that are not abated by the Property Owner within 30 days
from the date of this Resolution may thereafter be abated by city agents, employees or by
private contract by any legal method and in accordance with Carlsbad Municipal Code
Section 6.16.100, by securing the property completely removing all of the following items
located in the front yard area: dead trees, abandoned or damaged structures, trash, junk,
debris, and inoperable vehicles.
6.If any public nuisance conditions are abated by the city, city staff is authorized and directed
to subsequently impose a special assessment or lien against the Property for the full costs of
such abatement and any related administrative costs in accordance with Carlsbad Municipal
Nov. 19, 2024 Item #10 Page 15 of 106
Nov. 19, 2024 Item #10 Page 16 of 106
Code Sections 6.16.120 and 6.16.130.
7. The decision and resolution of the City Council shall be final and conclusive.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of November, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH LACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Exhibit 2
Timeline of Code Enforcement Actions at 2921 Roosevelt Street
Jan. 24, 2014 – Complaint received.
Jan. 29, 2014 – 1st inspection of exterior of property.
Jan. 29, 2014 – 1st Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
Feb. 11, 2014 – 2nd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 20, 2014 – 3rd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
April 21, 2014 – 2nd inspection of exterior of property.
April 22, 2014 – 4th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
April 29, 2014 – 3rd inspection of exterior of property.
May 6, 2014 – 4th inspection of exterior of property.
May 7, 2014 – 5th Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
May 13, 2014 – 5th inspection of exterior of property.
May 14, 2014 – 6th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
May 20, 2014 – 7th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
May 28, 2014 – 6th inspection of exterior of property.
May 28, 2014 – 8th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
June 4, 2014 – 7th inspection of exterior of property.
June 10, 2014 – 9th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
June 11, 2014 – 10th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
June 18, 2014 – 8th inspection of exterior of property.
Nov. 19, 2024 Item #10 Page 17 of 106
June 18, 2014 – 11th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
June 25, 2014 – 9th inspection of exterior of property.
June 25, 2014 – 12th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
July 2, 2014 – 13th Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
July 9, 2014 – 14th Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
July 16, 2014 – 10th inspection of exterior of property.
July 16, 2014 – 15th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
July 23, 2014 – 11th inspection of exterior of property.
July 23, 2014 – 16th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
July 30, 2014 – 12th inspection of exterior of property.
July 30, 2014 – 17th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Aug. 8, 2014 – 18th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Aug. 13, 2014 – 13th inspection of exterior of property.
Aug. 17, 2014 – 14th inspection of exterior of property.
Aug. 20, 2014 – 15th inspection of exterior of property.
Aug. 27, 2014 – 16th inspection of exterior of property.
Aug. 27, 2014 – 19th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Sept. 30, 2014 – 17th inspection of exterior of property.
Aug. 3, 2014 – 18th inspection of exterior of property.
Aug. 10, 2014 – 19th inspection of exterior of property.
Oct. 1, 2014 – 20th inspection of exterior of property.
Oct. 8, 2014 – 21st inspection of exterior of property.
Nov. 19, 2024 Item #10 Page 18 of 106
Oct. 15, 2014 – 20th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 22, 2014 – 26th inspection of exterior of property.
Oct. 22, 2014 – 21st Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 29, 2014 – 27th inspection of exterior of property.
Nov. 5, 2014 – 28th inspection of exterior of property.
Nov. 12, 2014 – 29th inspection of exterior of property.
Nov. 19, 2014 – 22nd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Dec. 1, 2014 – 30th inspection of exterior of property.
Dec. 8, 2014 – 31st inspection of exterior of property.
Dec. 15, 2014 – 32nd inspection of exterior of property.
Dec. 22, 2014 – 33rd inspection of exterior of property.
Jan. 5, 2015 – 23rd Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
Jan. 12, 2015 – 34th inspection of exterior of property.
Jan. 13, 2015 – 24th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Jan. 15, 2015 – 35th inspection of exterior of property.
Jan. 20, 2015 – 25th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Jan. 27, 2015 – 36th inspection of exterior of property.
Jan. 27, 2015 – 26th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb 3, 2015 – 37th inspection of exterior of property.
Feb. 4, 2015 – 27th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 10, 2015 – 38th inspection of exterior of property.
Feb. 10, 2015 – 28th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 17, 2015 – 39th inspection of exterior of property.
Nov. 19, 2024 Item #10 Page 19 of 106
Feb. 17, 2015 – 29th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 24, 2015 – 40th inspection of exterior of property.
Feb. 24, 2015 – 30th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 27, 2015 – 31st Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
March 3, 2015 – 41st inspection of exterior of property.
March 6, 2015 – Notice of Noncompliance recorded and additional time to
correct the violation was provided.
Sept. 5, 2015 – 32nd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Sept. 10, 2015 – 42nd inspection of exterior of property.
Sept. 11, 2015 – 33rd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Sept. 15, 2015 – 43rd inspection of exterior of property.
Sept. 17, 2015 – 34th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Sept. 24, 2015 – 35th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 1, 2015 – 36th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 8, 2015 – 37th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 15, 2015 – 38th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 22, 2015 – 39th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Oct. 29, 2015 – 40th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Nov. 5, 2015 – 41st Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Nov. 12, 2015 – 42nd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Nov. 19, 2024 Item #10 Page 20 of 106
Nov. 19, 2015 – 44th inspection of exterior of property.
Nov. 29, 2015 – 43rd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Dec. 8, 2015 – 45th inspection of exterior of property.
Dec. 15, 2015 – 46th inspection of exterior of property.
Dec. 29, 2015 – 44th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Feb. 18, 2016 – Notice of Violation was delivered by 1st class mail to the
responsible party (property owner) to capture additional violations observed
on the property. This notice explained the substantiated violation(s) and
corrective action(s) required.
March 9, 2016 – Final Notice of Violation was delivered by 1st class mail to the
responsible party (property owner).
March 10, 2016 – 47th inspection of exterior of property.
March 11, 2016 – 48th inspection of exterior of property.
April 8, 2016 – Property owner filed an appeal of the notice of violation.
May 2, 3, and 19, 2016 – Administrative hearing conducted. The hearing
officer found that the city had established the violations alleged in the final
notice of violation and found that the property’s condition, including trash,
junk and debris and the dilapidated condition of the structures and unlawful
activities constituted a public nuisance dangerous to the health and welfare
of the public. However, the Hearing Officer determined that the property was
brought into compliance by the time of the hearing.
May 26, 2016 – 49th inspection of exterior of property.
June 16, 2016 – Code enforcement complaint closed.
__________________________________________________________________
March 6, 2019 – new complaint received.
March 16, 2019 – 1st inspection of exterior of property.
April 11, 2019 – Courtesy Notice – Need to Inspect served to property owner.
April 18, 2019 – 2nd inspection of exterior of property.
May 10, 2019 – 3rd inspection of exterior of property.
Nov. 19, 2024 Item #10 Page 21 of 106
May 10, 2019 – Notice of Violation was delivered by 1st class mail to the
responsible party (property owner). This notice explained the substantiated
violation(s) and corrective action(s) required.
May 24, 2019 – 4th inspection of exterior of property.
May 24, 2019 – Final Notice of Violation was delivered by 1st class mail to the
responsible party (property owner).
May 31, 2019 – 5th inspection of exterior of property.
May 31, 2019 – 1st Administrative Citation was delivered by 1st class mail to the
responsible party (property owner).
June 7, 2019 – 6th inspection of exterior of property.
June 7, 2019 – Hand delivery of Final Notice of Violation and 1st Administrative
Citation.
June 18th 2019 – 7th inspection of exterior of property.
June 20, 2019 – 1st Administrative Citation was redelivered by 1st class mail to
the responsible party (property owner).
June 21, 2019 – 2nd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
June 28, 2019 – 3rd Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
July 10th 2019 – 8th inspection of exterior of property.
July 12th 2019 – 4th Administrative Citation was delivered by 1st class mail to
the responsible party (property owner).
Dec. 30, 2022 – Code Compliance Agreement executed between city and
responsible party (property owner).
May 12, 2022 – Corrections completed. Code enforcement complaint closed.
__________________________________________________________________
Note: The Community Development Department developed a “Code
Enforcement Case Prioritization and Process Guide” in 2021. These
guidelines are intended to assist in obtaining quick resolution of code
enforcement cases. Moreover, City Council Ordinance No. CS. 434,
adopted on Oct. 11, 2022, modified the city’s enforcement tools to help
code enforcement and the City Attorney’s Office more quickly resolve
violations. Therefore, subsequent code enforcement cases will show a
faster progression to voluntary compliance, or to escalated enforcement
in the event of non-compliance.
Nov. 19, 2024 Item #10 Page 22 of 106
__________________________________________________________________
July 11, 2023 – new complaint received from Fire Department and Police
Department, responding to a tree fire next to the shed/storage structure.
July 20, 2023 – Notice for Code Enforcement to Inspect issued.
July 20, 2023 – 1st inspection.
July 20, 2023 – red tag (“Do not enter – unsafe to occupy”) posted based on fire
damage, illegal occupancy, and condition of the shed/storage structure.
Aug. 31, 2023 – 2nd inspection.
Sept. 12, 2023 – Notice of Violation was delivered by 1st class mail to the
responsible party (property owner). This notice explained the substantiated
violation(s) and corrective action(s) required.
Dec. 30, 2023 – Code compliance agreement for previous code case expired.
Jan. 17, 2024 – 3rd inspection.
Jan. 17, 2024 – Final Notice of Violation was delivered by 1st class mail to the
responsible party (property owner).
March 7, 2024 – 4th inspection.
March 7, 2024 – Administrative Citation #1 was delivered by Priority Mail to the
responsible party (property owner). This notice explained the substantiated
violation(s) and corrective action(s) required.
May 9, 2024 – 5th inspection
May 9, 2024 – received email from the Property Owner demonstrating violation
corrected.
May 17, 2024 – Code enforcement complaint closed.
__________________________________________________________________
Aug 16, 2024 – new complaint received.
Aug. 16, 2024 – 1st inspection.
Aug. 16, 2024 – red tag (“Do not enter – unsafe to occupy”) posted because of
illegal occupancy and condition of the shed/storage structure.
Aug. 23, 2024 - Notice of Violation was delivered by 1st class mail to the
responsible party (property owner). This notice explained the substantiated
violation(s) and corrective action(s) required.
Nov. 19, 2024 Item #10 Page 23 of 106
Sept. 3, 2024 – Notice of Violation was delivered by 1st class mail to the
responsible party (property owner) to capture additional violations observed
on the property. This notice explained the substantiated violation(s) and
corrective action(s) required.
Sept. 4, 2024 – Notice and Order was recorded and delivered by 1st class mail
to the responsible parties and posted on the property. This notice ordered the
immediate correction of the substantiated violation(s).
September 9, 2024 – 2nd inspection.
September 18, 2024 – 3rd inspection.
Oct. 21, 2024 – 4th inspection.
October 28, 2024 – 5th inspection.
October 28, 2024 – Notice of Nuisance Abatement Hearing was physically
posted on the property and delivered by 1st class mail to property owner and
all mortgagees and/or beneficiaries under a recorded deed of trust.
November 4, 2024 – 6th inspection.
November 4, 2024 – A second and final Notice of Nuisance Abatement
Hearing was physically posted on the property and delivered by 1st class mail
to property owner and all mortgagees and/or beneficiaries under a recorded
deed of trust.
Nov. 19, 2024 Item #10 Page 24 of 106
NOTICE OF VIOLATION
KELSALL AND ASSOCIATES
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000APN:
CC2024-0740CASE#:
Jamie Lenos-TerfehrOFFICER:
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear Business Owner:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14)General dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
COMPLIANCE DATE:September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Exhibit 3
Nov. 19, 2024 Item #10 Page 25 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 4CC2024-0740
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
COMPLIANCE DATE:September 02, 2024
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 26 of 106
NOTICE OF VIOLATION Page 3 of 4CC2024-0740
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 27 of 106
NOTICE OF VIOLATION Page 4 of 4CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a “global appeal” on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 28 of 106
NOTICE OF VIOLATION
KELSALL LEGAL SOLUTIONS PC
815 CIVIC CENTER DR
OCEANSIDE, CA 92054-2505
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000APN:
CC2024-0740CASE#:
Jamie Lenos-TerfehrOFFICER:
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear Interested Party:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
COMPLIANCE DATE:September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 29 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 4CC2024-0740
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
COMPLIANCE DATE:September 02, 2024
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 30 of 106
NOTICE OF VIOLATION Page 3 of 4CC2024-0740
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 31 of 106
NOTICE OF VIOLATION Page 4 of 4CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a “global appeal” on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 32 of 106
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA
LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000APN:
CC2024-0740CASE#:
Jamie Lenos-TerfehrOFFICER:
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear 2921 Roosevelt Limited California Limited:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
COMPLIANCE DATE:September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 33 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 4CC2024-0740
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
COMPLIANCE DATE:September 02, 2024
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 34 of 106
NOTICE OF VIOLATION Page 3 of 4CC2024-0740
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 35 of 106
NOTICE OF VIOLATION Page 4 of 4CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a “global appeal” on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 36 of 106
NOTICE OF VIOLATION
SAMUEL IV AND EDNA M KELSALL
7531 NAVIGATOR CIR
CARLSBAD, CA 92011-5405
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000APN:
CC2024-0740CASE#:
Jamie Lenos-TerfehrOFFICER:
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear Samuel Iv And Edna M Kelsall:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
COMPLIANCE DATE:September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 37 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 4CC2024-0740
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
COMPLIANCE DATE:September 02, 2024
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 38 of 106
NOTICE OF VIOLATION Page 3 of 4CC2024-0740
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 39 of 106
NOTICE OF VIOLATION Page 4 of 4CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a “global appeal” on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 40 of 106
NOTICE OF VIOLATION
SAMUEL IV KELSALL
1118 E MISSOURI AVE, # B2
PHOENIX, AZ 85014-2710
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000APN:
CC2024-0740CASE#:
Jamie Lenos-TerfehrOFFICER:
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear Samuel Iv Kelsall:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
COMPLIANCE DATE:September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 41 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 4CC2024-0740
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE:September 02, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
COMPLIANCE DATE:September 02, 2024
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 42 of 106
NOTICE OF VIOLATION Page 3 of 4CC2024-0740
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 43 of 106
NOTICE OF VIOLATION Page 4 of 4CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a “global appeal” on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #10 Page 44 of 106
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
RE:
2032921000 APN:
CC2024-0740 CASE#:
Jamie Lenos-Terfehr OFFICER:
NUMBER OF VIOLATIONS: 6
September 03, 2024
Dear 2921 Roosevelt Limited California Limited:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This notice
is to notify you, the property owner of record and/or responsible party, that you are in violation of the
below-listed section(s) of the Carlsbad Municipal Code and will have to make the below-outlined
corrective action(s) no later than the dates listed in the compliance section(s) listed below.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or improper
maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (14) General
dilapidation or improper maintenance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it unsafe to
stand on.
Repair the front porch/walkway area to the main structure on
Roosevelt St. to include the railings in disrepair by
September 16, 2024.
COMPLIANCE DATE: September 16, 2024
CODE SECTION
CA HSC 17920.3 C SUBSTANDARD BUILDING - Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Board and secure the structures to prevent access to the
buildings being used for dwelling purpose by
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov Nov. 19, 2024 Item #10 Page 45 of 106
C cityof
Carlsbad
NOTICE OF VIOLATION Page 2 of 5 CC2024-0740
and hasp damaged leaving the building unsecured) September 6, 2024 at 11:00 am.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING - Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation
that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a dwelling
and kitchen area.
Remove all fire hazards to include but not limited to the hot
plates and toaster oven being used to cook and the lighters
and candles in the space being used as a dwelling and
kitchen area by September 6, 2024 at 11:00 am.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CA HSC 17920.3 N SUBSTANDARD BUILDING - Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that
were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION CORRECTIVE ACTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
Remove all items to include but not limited to mattresses,
lamps, bedroom furniture, hygiene products, ice chests, and
sleeping bags/blankets being used to create a dwelling space
by September 6,2024 at 11:00 am.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CMC 06.16.015 PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a
public nuisance.
The existence of any of the following conditions on any property is a public nuisance:
A. Conditions related to property maintenance, as set forth in Article III of this chapter.
B. Any obstruction to the free flow of drainage water in a natural drainage course, such as streams, rivers, and
creeks.
C. Land that is in a state to cause or contribute to erosion, subsidence, or surface water drainage impacting adjacent
public properties.
D. Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial construction with
no observable work performed for a period of six months or longer.
E. Buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to such an extent they
cannot be repaired so as to conform to the requirements of the building code in effect in this city. Buildings which have
been partially destroyed or demolished by these causes and which remain in such a state for a period of six months or
longer shall also be a violation of this subsection.
F. The failure to close, by means acceptable to the building official, all doorways, windows, and other openings into
vacant structures.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov Nov. 19, 2024 Item #10 Page 46 of 106
NOTICE OF VIOLATION Page 3 of 5 CC2024-0740
G. Any condition, instrument, or machine on real property that is unsafe and unprotected and consequently
dangerous to minors by reason of their inability to appreciate its peril, and which may be reasonably expected to attract
minors to the property and thus risk injury to them by their playing with, in, or on it (i.e., attractive nuisances).
H. Graffiti on any public or privately owned structures within the city. For purposes of this chapter, “graffiti” means any
form of painting, writing, inscription, or carving on any surface, regardless of the content or the nature of the material used
in the commission of the act, which was not authorized in advance by the owner of the surface.
I. All other conditions deemed to be a “nuisance” or “public nuisance” as defined throughout this code.
J. Property upon which any violation of this code or any applicable state, county, or local law exists, or property which
is used in violation of this code or any applicable state, county, or local law. (Ord. CS-385 § 2, 2020)
VIOLATION DESCRIPTION CORRECTIVE ACTION
The structure is unsecured making the property an attractive
nuisance (missing skylight on the roof and front door lock
and hasp damaged leaving the building unsecured).
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area
The rear buildings designed for storage are being used for
dwelling and cooking implements.
Correct the Health and Safety violations in this notice by the
compliance date of September 6, 2024 at 11:00 am.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CMC 06.16.015.J PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a
public nuisance
J. Property upon which any violation of this code or any applicable state, county, or local law exists, or property which
is used in violation of this code or any applicable state, county, or local law. (Ord. CS-385 § 2, 2020)
VIOLATION DESCRIPTION CORRECTIVE ACTION
The structure is unsecured making the property an attractive
nuisance (missing skylight on the roof and front door lock
and hasp damaged leaving the building unsecured).
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area
The rear buildings designed for storage are being used for
dwelling and cooking implements.
Correct the Health and Safety violations in this notice by the
compliance and inspection date of September 6, 2024 at
11:00 am.
COMPLIANCE DATE: September 06, 2024
The city would like to avoid taking any further actions and requests your cooperation in this matter.
By acting immediately to correct the violation(s) referenced, you will avoid further action by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov Nov. 19, 2024 Item #10 Page 47 of 106
NOTICE OF VIOLATION Page 4 of 5 CC2024-0740
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
If you have any questions about this notice or the alleged violation(s), contact Jamie Lenos-Terfehr at
jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number CC2024-0740 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov Nov. 19, 2024 Item #10 Page 48 of 106
NOTICE OF VIOLATION Page 5 of 5 CC2024-0740
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation and
penalty for Municipal Code violations. Each section violated is considered a separate offense with an
independent penalty, which may be assessed each day such violation exists. Administrative penalties
will not exceed: $100 for the first violation of the same ordinance within one year, $200 for the second
violation of the same ordinance within one year, and $500 for the third and each additional violation of
the same ordinance within one year. These penalties are cumulative. Administrative costs may also be
assessed to account for enforcement and abatement-related costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION - PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no other
notices of violation) has 10 calendar days from the date of service of the notice of violation to file an
appeal by completing all required request for hearing forms and returning them to the Building & Code
Enforcement Division or other department specified on the notice. If the deadline to appeal falls on a
weekend or city holiday, then the deadline is extended to the next regular business day. An appeal will
be scheduled and heard in accordance with Carlsbad Municipal Code sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on appeals
as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an appeal of
all notices of violation or citations related to the same property or individual. Each notice of violation
and / or citation must be appealed separately or communicated as a “global appeal” on your appeal
paperwork, along with the submission of any outstanding citation(s) balance(s) to be appealed.
Additionally, any permits, variances or similar permissions issued after a notice of violation or citation
has been issued does not forgive any preceding notices of violation or citations, nor does this forgive
any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within 10
days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov Nov. 19, 2024 Item #10 Page 49 of 106
Nov. 19, 2024 Item #10 Page 50 of 106
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad,CA 92008
DOC# 2024-0238601
111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111
Sep 05, 2024 11 :35 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
September 4, 2024
NOTICE AND ORDER TO REPAIR SUBSTANDARD BUILDING
AND ABATE PUBLIC NUISANCE
THIS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024
VIA REGULAR, CERTIFIED MAIL AND POSTING
2921 ROOSEVELT LTD CALIFORNIABUSINESS
C/O Samuel Kelsall
2921 Roosevelt St.
Carlsbad, CA 92008-2335
Legal Description: LOTS 19 & 20 BLK 34 TR 775, according to the map thereof No. 3613,
filed in the office of the County Recorder of San Diego County August 14, 2006.
LEGAL NOTICE AND ORDER of the Building Official of the City of Carlsbad regarding:
PROPERTY: 2921 Roosevelt St., Carlsbad, California 92008
APN: 203-292-10-00
Nov. 19, 2024 Item #10 Page 51 of 106
2
You are hereby notified that based on numerous inspections conducted by representatives of the
City of Carlsbad Code Enforcement Department beginning on August 23, 2024 and continuing
through September 3, 2024, which evidence I have independently reviewed, the building at the
above location continues to be substandard and constitute a public nuisance pursuant to the 1997
Uniform Housing Code (UHC), Chapter 10, section 1001, and the California Health and Safety
Code (HSC) sections 17920.3, 17980, and 17980.6. The conditions of the property are so
extensive and of such a nature that the building endangers the life, limb, health, property, safety,
or welfare of residents or the public.
Additionally, the excessive accumulation of waste at the property, including but not limited to
household items, trash, junk, and debris constitute a public nuisance as defined by Carlsbad
Municipal Code (CMC) sections 6.08.100, 6.16.010, 6.16.015(1), and HSC section 17920.3(c).
The aforementioned conditions are detailed below and in the attached notice of violation dated
August 23, 2024. On the basis of the August 23, 2024 inspection and the persistent nature of
many of these violations as determined through numerous prior inspections of the property and
multiple prior code cases concerning the property, I hereby find, determine and declare the
building on this property to be dangerous and a per se public nuisance. I also find that, pursuant
to HSC section 17980(a), it is necessary to provide the property owner less than 30 days (as
outlined more fully herein) to abate certain nuisance conditions and violations on the property to
prevent or remedy an immediate threat to the health and safety of the public or occupants of the
structure.
SUMMARY
The building on the subject property is a residential structure used for commercial purposes with
several shed/storage structures in the rear of the property. The property is located within the V-B
zone. No permitted improvements on record. (There is a panel upgrade noted in permits on file.)
The building on this property has shed/storage structures, some of which are unsecured and are
being inhabited. These shed/storage structures do not have heating service, and are not intended
for habitation which makes the building substandard and uninhabitable. There are numerous
bulky items stored at the rear exterior of the property, including but not limited to large video
game machines, a metal tank, dilapidated vending machine, poles, piles of wood along the wall,
green padding, tarped area, trash and debris that are located in the rear of the property and are
placed anywhere other than in an approved solid waste container on site. CMC Section 6.08.100.
an accumulation of waste, trash and debris. The shed/storage structures designed for storage are
being used for dwelling, as evidenced by a mattress and cooking implements located on the
interior of a shed/storage unit. There are hot plates and a toaster oven being used to cook as well
as lighters and candles. The shed structure is unsecure making the property an attractive
nuisance, by evidence of a missing skylight on the roof of one shed/storage structure and a
damaged door lock and hasp on this same shed/storage structure . Due to the condition of the
shed structure, the property creates a fire hazard for the occupants of the property, the
surrounding commercial properties, and the general public.
Nov. 19, 2024 Item #10 Page 52 of 106
3
There are numerous bulky items stored at the rear exterior of the property, including but not
limited to large video game machines, a metal tank, dilapidated vending machine, poles, piles of
wood along the wall, green padding, tarped area, trash and debris that are located in the rear of
the property and are placed anywhere other than in an approved solid waste container on site.
Additionally, the front porch entry area of the main structure is in disrepair to include but not
limited to collapsed railings.
VIOLATIONS FOUND DURING INSPECTION
Health and Safety Code Violations: There are numerous violations which exist at the property
that make it substandard and a public nuisance pursuant to the HSC. Specifically, HSC section
17920.3 provides that:
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms,
or the premises on which the same is located, in which there exists any of the following
listed conditions to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building ...
The conditions which exist at the property in violation of the corresponding subsections of HSC
section 17920.3 are listed below. Violations of the Carlsbad Municipal Code (CMC) and other
state laws are listed where applicable:
• Substandard Building-Inadequate Sanitation: General dilapidation or improper
maintenance.-Front porch entry area is in disrepair to include but not limited to the
railings and wood flooring making it unsafe to stand on. HSC section 17920.3(a)(14)
• Substandard Building -Any nuisance. One of the rear shed/storage structures is
unsecure making the property an attractive nuisance to trespassers by evidence of a
missing skylight on a shed roof as well as a door lock and hasp damaged leaving the
building unsecured. HSC section 17920.3(C)
• Substandard Building -Fire Hazard-Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in a shed/storage structure. HSC section
17920.3(H)
• Inadequate sanitation -Buildings designed for storage are being used for dwelling and
cooking purposes. 17920.3(N).
• Inadequate sanitation -Public Nuisances & Property Maintenance: Specific conditions
constituting a public nuisance. One of the sheds/storage structures is unsecure making the
property an attractive nuisance by evidence of a missing skylight on a shed roof as well
as a door lock and hasp damaged leaving the building unsecured. There are hot plates and
a toaster oven that are being used to cook as well as lighters and candles being used in the
Nov. 19, 2024 Item #10 Page 53 of 106
4
space. The shed structures are designed for storage purposes and are being used for
dwelling and cooking purposes. The front porch entry area is in disrepair to include but
not limited to the railings and wood flooring making it unsafe to stand on.
• Hazardous or insanitary premises -Substandard Buildings -Improper Occupancy:
The shed structures are designed for storage purposes and are being used for dwelling and
cooking purposes. 1997 Uniform Housing Code, Chapter 10, section 1001.14.
• Substandard Buildings -Inadequate Sanitation / General dilapidation. -The front
porch entry area on the commercial structure is in disrepair to include but not limited to
the railings and wood flooring making it unsafe to stand on. 1997 Uniform Housing
Code, Chapter 10, 1001.2.13.
• Substandard Buildings -Fire Hazard. -Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in the space. 1997 Uniform Housing
Code, Chapter 10, 1001.9.
• Nuisance -All of the aforementioned violations, taken together, constitute a nuisance as
they collectively put the property in a condition which is adverse or detrimental to public
health, safety and general welfare. The collective violations also demonstrate that the
property is maintained in a manner to become so defective, unsightly, dangerous, and in a
condition of deterioration and disrepair to cause or potentially case harm to persons.
CMC sections 6.16.010 and 6.16.015(1)
• Unlawful placement of solid waste.
Solid waste, bulky items such as video game machines, metal tank, dilapidated vending
machine, poles, piles of wood along the wall, green padding, tarped area, trash, and
debris are located in the rear of the property and are placed anywhere other than in an
approved solid waste container on site. CMC Section 6.08.100.
As the owner of the property, you are hereby ordered to ensure the shed/storage structures
remain vacated. You must also repair the violations existing at the property and abate the public
nuisance conditions pursuant to this Notice and Order.
ORDER TO REP AIR
You are hereby ordered to correct all violations by completing the following:
Nov. 19, 2024 Item #10 Page 54 of 106
5
Within 24 hours from the date of this Notice and Order, you must remove all fire hazards to
include but not limited to the hot plates and toaster oven being used to cook and the lighters and
candles.
Within 5 calendar days from the date of this Notice and Order, board and secure the skylight
and repair the lock and hasp to prevent access to any shed/storage structures being used for
dwelling purposes. Remove all items used in association with habitation/dwelling space, to
include but not limited to mattresses, lamps, bedroom furniture, hygiene products, ice chests, and
sleeping bags/blankets. An inspection will be scheduled on September 9, 2024 at 11:00 am to
verify compliance of these violations as well as the fire hazards.
No later than 12 calendar days from the date of this Notice and Order, you must repair the
front porch/walkway area to the main structure on Roosevelt St. to include the rain disrepair. An
inspection will be scheduled on September 171h, 2024 at 11:00 am to verify compliance of
this violation.
• If the City requests corrections or additional documentation, you must submit the items
requested within 7 calendar days after any such request.
ORDER TO REMOVE ALL PUBLIC NUISANCE CONDITIONS
You are hereby ordered to remove all public nuisance conditions. You are hereby ordered to
maintain the property free of all public nuisance activity as indicated above.
FRANCHISE TAX BOARD MAY BE NOTIFIED
You are also notified that sections 17274 and 24436.5 of the California Revenue and Taxation
Code provide in part that no deduction shall be allowed to a taxpayer for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year with respect to substandard
housing which is rented for income, if the substandard conditions are not corrected within six (
6) months of the date of this Notice and Order. The City will be notifying the Franchise Tax
Board of the substandard conditions at your property if applicable.
REQUIREMENTS IF YOU SELL PROPERTY
HSC section 17991 ( c) requires that if you sell or transfer the property during the period between
the issuance of this Notice and Order and the abatement of the violation or any judicial or
administrative actions related to the Notice and Order, then you are required to record a "Notice
of Conveyance of Substandard Property" with the Count Recorder's Office and provide the City
Nov. 19, 2024 Item #10 Page 55 of 106
6
of San Diego with the name, address, driver's license or identification number of the new
owner(s) within five business days of the sale or transfer of the property.
FAILURE TO COMPLY WITH THIS NOTICE AND ORDER
Additional consequences may result in enforcement actions, including but not limited to
administrative abatement, civil penalties, appointment of a receiver pursuant to HSC section
17980.7(c), revocation of permits, withholding of future municipal permits, or the filing of a
judicial action. Pursuant to HSC section 17985(a), a copy of this Notice and Order will be
recorded with the County Recorder's Office.
APPEAL RIGHTS
THIS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024. In order to
appeal the violations associated with Code Case No. 2024-0740 as articulated in the Notice of
Violation dated August 23, 2024 and in this Notice and Order, you must follow the instructions
in this "Appeal Rights" section for the filing of an appeal.
Any person having any record title of legal interest in the above referenced property may appeal
this Notice and Order or any action of the Building Official. Such an appeal must be made in
writing and filed with the Building Official within 30 days of the date of service, which is the
day that this Notice and Order was mailed via certified mail. All appeals must also conform to
the requirements of Chapter 12 of the UHC, a copy of which has been enclosed with this Notice
and Order. Failure to properly and timely file an appeal will constitute a waiver of all rights to
an administrative hearing and determination of this matter. If you choose to appeal this Notice
and Order, you should read the attachment that explains the true purpose of an appeal.
Pursuant to Temple of 1001 Buddhas v. City of Fremont, appeals of orders, decisions and
determinations made by the enforcing agency relative to the application and interpretation of the
State Building Code and other regulations governing construction, use, maintenance and change
of occupancy must be heard by the agency's local appeals board. Where no such appeals boards
or agencies have been established, the governing body of the city, county, or city and county
shall serve as the local appeals board. Because this Notice and Order relates to the application of
the State Building Code and other regulations governing construction, use, maintenance and
change of occupancy, and because no local appeals board has been established in the City of
Carlsbad, an appeal of this Notice will be heard by the City Council. General appeal form
information is available at https://www.carlsbadca.gov/city-hall/clerk-services, but your request
for an appeal must comply with Chapter 12 of the UHC, as stated above and as attached.
An appeal fee in the amount of $1527.00 must be paid prior to the scheduling of an appeal of a
decision of the Building Official.
Nov. 19, 2024 Item #10 Page 56 of 106
7
If you have any questions regarding this Notice and Order, please contact Building Official
Shawn Huff at (442) 339-5338, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays,
or in writing at City of Carlsbad, 1635 Faraday Ave., Carlsbad, CA 92008.
Res~l/vi/
Shawn Huff ~ l{)
Building Official
City of Carlsbad
Enclosures: Notice of Violation dated 8/23/2024
UHC Chapter 12 (Appeal)
Nov. 19, 2024 Item #10 Page 57 of 106
{°Cityof
Carlsbad
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA
LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
RE:
APN:
CASE#:
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
2032921000
CC2024-0740
OFFICER: Jamie Lenos-Terfehr
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear 2921 Roosevelt Limited California Limited:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
COMPLIANCE DATE: September 16, 2024
CODE SECTION
CORRECTIVE ACTION
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
CA HSC 17920.3 C SUBSTANDARD BUILDING -Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Community Development Department
Code Enforcement Division
CORRECTIVE ACTION
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 58 of 106
CC2024-0740 NOTICE OF VIOLATION Page 2 of 4
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING -Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CORRECTIVE ACTION
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
CA HSC 17920.3 N SUBSTANDARD BUILDING -Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 02, 2024
CORRECTIVE ACTION
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 59 of 106
CC2024-0740 NOTICE OF VIOLATION
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
Page 3 of 4
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 60 of 106
CC2024-0740 NOTICE OF VIOLATION Page 4 of 4
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION -PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and/ or citation must be appealed separately or communicated as a "global appeal" on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 61 of 106
1997 UNIFORM HOUSING CODE 1101
1103
Chapter 11
NOTICES AND ORDERS OF THE BUILDING OFFICIAL
SECTION 1101 -GENERAL
1101.1 Commencement of Proceedings. When the building of-
ficial has inspected or caused to be inspected a building and has
found and determined that such building is a substandard building,
the building official shall commence proceedings to cause the re-
pair, rehabilitation, vacation or demolition of the building.
1101.2 Notice and Order. The building official shall issue a no-
tice and order directed to the record owner of the building. The no-
tice and order shall contain the following:
1. The street address and a legal description sufficient for iden-
tification of the premises upon which the building is located.
2. A statement that the building official has found the building
to be substandard, with a brief and concise description of the con-
ditions found to render the building dangerous under the provi-
sions of Section 202 of this code.
3. A statement of the action required to be taken as determined
by the building official.
3.1 If the building official has determined that the building
or structure must be repaired, the order shall require that
all required permits be secured therefor and the work
physically commenced within such time (not to exceed
60 days from the date of the order) and completed within
such time as the building official shall determine is rea-
sonable under all of the circumstances.
3.2 If the building official has determined that the building
or structure must be vacated, the order shall require that
the building or structure shall be vacated within a certain
time from the date of the order as determined by the
building official to be reasonable.
3.3 If the building official has determined that the building
or structure must be demolished, the order shall require
that the building be vacated within such time as the
building official shall determine reasonable (not to ex-
ceed 60 days from the date of the order), that all required
permits be secured therefor within 60 days from the date
of the order and that the demolition be completed within
such time as the building official shall determine is rea-
sonable.
4. Statements advising that if any required repair or demolition
work (without vacation also being required) is not commenced
within the time specified, the building official (i) will order the
building vacated and posted to prevent further occupancy until the
work is completed and (ii) may proceed to cause the work to be
done and charge the costs thereof against the property or its owner.
5. Statements advising (i) that any person having any record
title or legal interest in the building may appeal from the notice
and order or any action of the building official to the housing advi-
sory and appeals board, provided the appeal is made in writing as
provided in this code, and filed with the building official within 30
days from the date of service of such notice and order, and (ii) that
failure to appeal will constitute a waiver of all right to an adminis-
trative hearing and determination of the matter.
1101.3 Service of Notice and Order. The notice and order, and
any amended or supplemental notice and order, shall be served
upon the record owner, and posted on the property; and one copy
thereof shall be served on each of the following if known to the
building official or disclosed from official public records: the
Copynght International Conference of Building Officials
Provided by JHS under license with ICBO
holder of any mortgage or deed of trust or other lien or encum-
brance of record, the owner or holder of any lease of record, and
the holder of any other estate or legal interest of record in or to the
building or the land on which it is located. The failure of the build-
ing official to serve any person required herein to be served shall
not invalidate any proceedings hereunder as to any other person
duly served or relieve any such person from any duty or obligation
imposed by the provisions of this section.
1101.4 Method of Service. Service of the notice and order shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at their ad-
dress as it appears on the last equalized assessment roll of the
county or as known to the building official. If no address of any
such person so appears or is known to the building official, then a
copy of the notice and order shall be so mailed, addressed to such
person, at the address of the building involved in the proceedings.
The failure of any such person to receive such notice shall not af-
fect the validity of any proceedings taken under this section. Ser-
vice by certified mail in the manner herein provided shall be
effective on the date of mailing.
1101.5 Proof of Service. Proof of service of the notice and order
shall be certified to at the time of service by a written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made.
The declaration, together with any receipt card returned in
acknowledgement of receipt by certified mail, shall be affixed to
the copy of the notice and order retained by the building official.
SECTION 1102 -RECORDATION OF NOTICE AND
ORDER
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the
building official shall file in the office of the county recorder acer-
tificate describing the property and certifying (i) that the building
is a substandard building and (ii) that the owner has been so noti-
fied. Whenever the corrections ordered shall thereafter have been
completed or the building demolished so that it no longer exists as
a substandard building on the property described in the certificate,
the building official shall file a new certificate with the county re-
corder certifying that the building has been demolished or all re-
quired corrections have been made so that the building is no longer
substandard, whichever is appropriate.
SECTION 1103 -REPAIR, VACATION AND
DEMOLITION
The following standards shall be followed by the building official
(and by the housing advisory and appeals board if an appeal is
taken) in ordering the repair, vacation or demolition of any sub-
standard building or structure:
1. Any building declared a substandard building under this code
shall be made to comply with one of the following:
1.1 The building shall be repaired in accordance with the
current Building Code or other current code applicable
to the type of substandard conditions requiring repair.
1.2 The building shall be demolished at the option of the
building owner.
21
Document provided by IHS Licensee=Aramco HQ/9980755100, 05/04/2004 23:54:22 MDT
Questions or commenls about this message: please call the Document Policy Group
at 303-397-2295.
Nov. 19, 2024 Item #10 Page 62 of 106
NOTICE OF
NUISANCE
ABATEMENT
HEARING
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN
WHOLE OR PART.
Notice is hereby given that on the 19th day of November, 2024, at the hour of 5:00 P.M., the City
Council of Carlsbad will hold a public hearing in the Council Chambers, located at 1200 Carlsbad
Village Drive, Carlsbad, California, to ascertain whether certain premises situated in the City of
Carlsbad, State of California, more particularly described as:
APN: 203-292-10-00
REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
LOTS 19 & 20 IN BLOCK 34 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888.
Nov. 19, 2024 Item #10 Page 63 of 106
Constitutes a public nuisance subject to abatement by the rehabilitation of the premises or by
the repair or demolition of buildings or structures situated on the premises. If the premises, in
whole or part, are found to constitute a public nuisance as defined by Chapter 6.16 of the
Carlsbad Municipal Code ("CMC"), and if the premises are not promptly abated by the owner,
the nuisances may be abated by municipal authorities and/or their contractors or agents, and
the rehabilitation, repair, or demolition will be assessed upon the premises and the cost will
constitute a lien or special assessment against the land until paid.
The alleged violations consist of the following:
The rear shed/storage structures are unsecured making the property an attractive
nuisance to trespassers by evidence of an unsecured skylight on a shed roof as well as a
door lock and hasp damaged on a shed leaving the structures unsecured. Although the
Property Owner has attempted to repair the lock mechanism for the rear shed/storage
structures with a new padlock, the most recent inspection on 10/21/24 revealed that the
padlock is easily removable from the structure and will likely be damaged again (as it has
been in the past) if a more secure locking mechanism is not installed. Similarly, the skylight
has temporarily been secured with a new glass pane using lightweight screws. However,
the current condition of the skylight is inadequate to resolve the nuisance conditions on
the property in the long term and should be remedied with bolted boards or another
similar, durable solution.
Additionally, the outdoor tarped area adjacent to the shed structures contains evidence
that it continues to be used for dwelling purposes. The accumulation of these items
continues to be a nuisance, as it continues to attract trespassers and be used for dwelling
purposes.
The front porch entry area is also in disrepair including but not limited to the railings and
wood flooring making it unsafe to stand on. Finally, solid waste, bulky items such as video
game machines, metal tanks, dilapidated vending machines and trash are in several
locations on the property.
These conditions are in violation of the following sections of the California Health and
Safety Code, the 1997 Uniform Housing Code, Chapter 10, Section 1001.14, and the
Carlsbad Municipal Code :
Substandard Building-Inadequate Sanitation: HSC Section 17920.3(a)(14) General
dilapidation or improper maintenance.
Substandard Building -Any nuisance: HSC Section 17920.3(()
Inadequate sanitation -Buildings designed for storage are being used for dwelling and
cooking purposes: HSC Section 17920.3(N).
Nov. 19, 2024 Item #10 Page 64 of 106
Hazardous or insanitary premises -Substandard Buildings -Improper Occupancy: 1997
Uniform Housing Code, Chapter 10, section 1001.14.
Substandard Buildings -Inadequate Sanitation / General dilapidation: 1997 Uniform
Housing Code, Chapter 10, 1001.2.13.
Nuisance -The collective violations demonstrate that the property is maintained in a
manner to become so defective, unsightly, dangerous, and in a condition of
deterioration and disrepair to cause or potentially cause harm to persons: CMC sections
6.16.010 and 6.16.0IS{J)
Unlawful placement of solid waste: CMC Section 6.08.100.
The methods of abatement available are:
1. Completely removing all of the following items located in the rear area of the Property:
Trash, junk, and debris, including bulky waste. All such items must be stored inside the
main structure, the shed structures, or off-site and cannot be stored outside the Property
using tarps or other temporary materials for coverage.
2. Repairing all wood and railings on the front porch back to their original condition or to
otherwise avoid safety risks and hazards.
3. Replacing the padlock on the shed structures with a more durable locking mechanism that
cannot be broken or removed from the structures.
4. Replacing the temporary glass sheet that is screwed into the broken skylight in one of the
shed structures with bolted boards to prevent future trespassers and avoid future glass
breakage.
5. Removing the dilapidated vending machine and arcade game from front porch. These
items must be stored inside the main structure, the shed structures, or off-site and cannot
be stored outside the Property using tarps or other temporary materials for coverage.
All pe sons aving any objection to, or interest in this matter are hereby notified to attend a
oft e City Council of the City of Carlsbad to be held on the 19th day of November 2024,
f 5:00 P.M. when their testimony and evidence will be heard and given due
DATED: 22,z;r;rZ.4
Nov. 19, 2024 Item #10 Page 65 of 106
Nov. 19, 2024 Item #10 Page 66 of 106
{"Cityof
Carlsbad
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
September 03, 2024
Dear 2921 Roosevelt Limited California Limited:
RE:
APN :
CASE#:
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
2032921000
CC2024-0740
OFFICER: Jamie Lenos-Terfehr
NUMBER OF VIOLATIONS: 6
Code Enforcement received a complaint concerning the code violation(s) referenced below. This notice
is to notify you, the property owner of record and/or responsible party, that you are in violation of the
below-listed section(s) of the Carlsbad Municipal Code and will have to make the below-outlined
corrective action(s) no later than the dates listed in the compliance section(s) listed below.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or improper
maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms , or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following : (14) General
dilapidation or improper maintenance.
VIOLATION DESCRIPTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it unsafe to
stand on.
COMPLIANCE DATE: September 16, 2024
CODE SECTION
CORRECTIVE ACTION
Repair the front porch/walkway area to the main structure on
Roosevelt St. to include the railings in disrepair by
September 16, 2024.
CA HSC 17920.3 C SUBSTANDARD BUILDING -Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Community Development Department
Code Enforcement Division
CORRECTIVE ACTION
Board and secure the structures to prevent access to the
buildings being used for dwelling purpose by
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 67 of 106
CC2024-0740 NOTICE OF VIOLATION
and hasp damaged leaving the building unsecured)
COMPLIANCE DATE: September 06, 2024
September 6, 2024 at 11 :00 am.
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING -Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
Page 2 of 5
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation
that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
VIOLATION DESCRIPTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a dwelling
and kitchen area.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CORRECTIVE ACTION
Remove all fire hazards to include but not limited to the hot
plates and toaster oven being used to cook and the lighters
and candles in the space being used as a dwelling and
kitchen area by September 6, 2024 at 11 :00 am.
CA HSC 17920.3 N SUBSTANDARD BUILDING -Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the
same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that
were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 06, 2024
CORRECTIVE ACTION
Remove all items to include but not limited to mattresses,
lamps, bedroom furniture, hygiene products, ice chests, and
sleeping bags/blankets being used to create a dwelling space
by September 6,2024 at 11 :00 am.
CODE SECTION
CMC 06.16.015 PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a
public nuisance.
The existence of any of the following conditions on any property is a public nuisance:
A. Conditions related to property maintenance, as set forth in Article Ill of this chapter.
B. Any obstruction to the free flow of drainage water in a natural drainage course, such as streams, rivers, and
creeks.
C. Land that is in a state to cause or contribute to erosion, subsidence, or surface water drainage impacting adjacent
public properties.
D. Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial construction with
no observable work performed for a period of six months or longer.
E. Buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to such an extent they
cannot be repaired so as to conform to the requirements of the building code in effect in this city. Buildings which have
been partially destroyed or demolished by these causes and which remain in such a state for a period of six months or
longer shall also be a violation of this subsection.
F. The failure to close, by means acceptable to the building official, all doorways, windows, and other openings into
vacant structures.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 68 of 106
CC2024-0740 NOTICE OF VIOLATION Page 3 of 5
G. Any condition, instrument, or machine on real property that is unsafe and unprotected and consequently
dangerous to minors by reason of their inability to appreciate its peril, and which may be reasonably expected to attract
minors to the property and thus risk injury to them by their playing with, in, or on it (i.e., attractive nuisances).
H. Graffiti on any public or privately owned structures within the city. For purposes of this chapter, "graffiti" means any
form of painting, writing, inscription, or carving on any surface, regardless of the content or the nature of the material used
in the commission of the act, which was not authorized in advance by the owner of the surface.
I. All other conditions deemed to be a "nuisance" or "public nuisance" as defined throughout this code.
J. Property upon which any violation of this code or any applicable state, county, or local law exists, or property which
is used in violation of this code or any applicable state, county, or local law. (Ord. CS-385 § 2, 2020)
VIOLATION DESCRIPTION
The structure is unsecured making the property an attractive
nuisance (missing skylight on the roof and front door lock
and hasp damaged leaving the building unsecured).
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area
The rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 06, 2024
CODE SECTION
CORRECTIVE ACTION
Correct the Health and Safety violations in this notice by the
compliance date of September 6, 2024 at 11 :00 am.
CMC 06.16.015.J PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a
public nuisance
J. Property upon which any violation of this code or any applicable state, county, or local law exists, or property which
is used in violation of this code or any applicable state, county, or local law. (Ord. CS-385 § 2, 2020)
VIOLATION DESCRIPTION
The structure is unsecured making the property an attractive
nuisance (missing skylight on the roof and front door lock
and hasp damaged leaving the building unsecured).
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area
The rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 06, 2024
CORRECTIVE ACTION
Correct the Health and Safety violations in this notice by the
compliance and inspection date of September 6, 2024 at
11 :00 am.
The city would like to avoid taking any further actions and requests your cooperation in this matter.
By acting immediately to correct the violation(s) referenced, you will avoid further action by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 69 of 106
CC2024-0740 NOTICE OF VIOLATION Page 4 of 5
violation, which may be issued daily if necessary. Administ rative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution .
If you have any questions about this notice or the alleged violation(s), contact Jamie Lenos-Terfehr at
jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number CC2024-0740 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 70 of 106
CC2024-0740 NOTICE OF VIOLATION Page 5 of 5
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation and
penalty for Municipal Code violations. Each section violated is considered a separate offense with an
independent penalty, which may be assessed each day such violation exists. Administrative penalties
will not exceed: $100 for the first violation of the same ordinance within one year, $200 for the second
violation of the same ordinance within one year, and $500 for the third and each additional violation of
the same ordinance within one year. These penalties are cumulative. Administrative costs may also be
assessed to account for enforcement and abatement-related costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION -PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no other
notices of violation) has 10 calendar days from the date of service of the notice of violation to file an
appeal by completing all required request for hearing forms and returning them to the Building & Code
Enforcement Division or other department specified on the notice. If the deadline to appeal falls on a
weekend or city holiday, then the deadline is extended to the next regular business day. An appeal will
be scheduled and heard in accordance with Carlsbad Municipal Code sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca .gov/home/showpublisheddocument?id=7487 for more information on appeals
as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an appeal of
all notices of violation or citations related to the same property or individual. Each notice of violation
and / or citation must be appealed separately or communicated as a "global appeal" on your appeal
paperwork, along with the submission of any outstanding citation(s) balance(s) to be appealed.
Additionally, any permits, variances or similar permissions issued after a notice of violation or citation
has been issued does not forgive any preceding notices of violation or citations, nor does this forgive
any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within 10
days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Div ision
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 71 of 106
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2024-0238601
111111111111 ll111111111111111111 lllll lllll 1111111111111111111111111111
Sep 05, 2024 11 :35 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
September 4, 2024
NOTICE AND ORDER TO REPAIR SUBSTANDARD BUILDING
AND ABATE PUBLIC NUISANCE
TIDS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024
VIA REGULAR, CERTIFIED MAIL AND POSTING
2921 ROOSEVELT LTD CALIFORNIABUSINESS
C/O Samuel Kelsall
2921 Roosevelt St.
Carlsbad, CA 92008-2335
Legal Description: LOTS 19 & 20 BLK 34 TR 775, according to the map thereofNo. 3613,
filed in the office of the County Recorder of San Diego County August 14, 2006.
LEGAL NOTICE AND ORDER of the Building Official of the City of Carlsbad regarding:
PROPERTY: 2921 Roosevelt St., Carlsbad, California 92008
APN: 203-292-10-00
. i,
Nov. 19, 2024 Item #10 Page 72 of 106
2
You are hereby notified that based on numerous inspections conducted by representatives of the
City of Carlsbad Code Enforcement Department beginning on August 23, 2024 and continuing
through September 3, 2024, which evidence I have independently reviewed, the building at the
above location continues to be substandard and constitute a public nuisance pursuant to the 1997
Uniform Housing Code (UHC), Chapter 10, section 1001, and the California Health and Safety
Code (HSC) sections 17920.3, 17980, and 17980.6. The conditions of the property are so
extensive and of such a nature that the building endangers the life, limb, health, property, safety,
or welfare of residents or the public.
Additionally, the excessive accumulation of waste at the property, including but not limited to
household items, trash, junk, and debris constitute a public nuisance as defined by Carlsbad
Municipal Code (CMC) sections 6.08.100, 6.16.010, 6.16.015(1), and HSC section l 7920.3(c).
The aforementioned conditions are detailed below and in the attached notice of violation dated
August 23, 2024. On the basis of the August 23, 2024 inspection and the persistent nature of
many of these violations as determined through numerous prior inspections of the property and
multiple prior code cases concerning the property, I hereby find, determine and declare the
building on this property to be dangerous and a per se public nuisance. I also find that, pursuant
to HSC section 17980(a), it is necessary to provide the property owner less than 30 days (as
outlined more fully herein) to abate certain nuisance conditions and violations on the property to
prevent or remedy an immediate threat to the health and safety of the public or occupants of the
structure.
SUMMARY
The building on the subject property is a residential structure used for commercial purposes with
several shed/storage structures in the rear of the property. The property is located within the V-B
zone. No permitted improvements on record. (There is a panel upgrade noted in permits on file. )
The building on this property has shed/storage structures, some of which are unsecured and are
being inhabited. These shed/storage structures do not have heating service, and are not intended
for habitation which makes the building substandard and uninhabitable. There are numerous
bulky items stored at the rear exterior of the property, including but not limited to large video
game machines, a metal tank, dilapidated vending machine, poles, piles of wood along the wall,
green padding, tarped area, trash and debris that are located in the rear of the property and are
placed anywhere other than in an approved solid waste container on site. CMC Section 6.08.100.
an accumulation of waste, trash and debris. The shed/storage structures designed for storage are
being used for dwelling, as evidenced by a mattress and cooking implements located on the
interior of a shed/storage unit. There are hot plates and a toaster oven being used to cook as well
as lighters and candles. The shed structure is unsecure making the property an attractive
nuisance, by evidence of a missing skylight on the roof of one shed/storage structure and a
damaged door lock and hasp on this same shed/storage structure . Due to the condition of the
shed structure, the property creates a fire hazard for the occupants of the property, the
surrounding commercial properties, and the general public.
Nov. 19, 2024 Item #10 Page 73 of 106
3
There are numerous bulky items stored at the rear exterior of the property, including but not
limited to large video game machines, a metal tank, dilapidated vending machine, poles, piles of
wood along the wall, green padding, tarped area, trash and debris that are located in the rear of
the property and are placed anywhere other than in an approved solid waste container on site.
Additionally, the front porch entry area of the main structure is in disrepair to include but not
limited to collapsed railings.
VIOLATIONS FOUND DURING INSPECTION
Health and Safety Code Violations: There are numerous violations which exist at the property
that make it substandard and a public nuisance pursuant to the HSC. Specifically, HSC section
17920.3 provides that:
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms,
or the premises on which the same is located, in which there exists any of the following
listed conditions to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building ...
The conditions which exist at the property in violation of the corresponding subsections of HSC
section 17920.3 are listed below. Violations of the Carlsbad Municipal Code (CMC) and other
state laws are listed where applicable:
• Substandard Building-Inadequate Sanitation: General dilapidation or improper
maintenance.-Front porch entry area is in disrepair to include but not limited to the
railings and wood flooring making it unsafe to stand on. HSC section 17920.3(a)(l 4)
• Substandard Building -Any nuisance. One of the rear shed/storage structures is
unsecure making the property an attractive nuisance to trespassers by evidence of a
missing skylight on a shed roof as well as a door lock and hasp damaged leaving the
building unsecured. HSC section 17920.3(C)
• Substandard Building -Fire Hazard-Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in a shed/storage structure. HSC section
17920.3(H)
• Inadequate sanitation -Buildings designed for storage are being used for dwelling and
cooking purposes. l 7920.3(N).
• Inadequate sanitation -Public Nuisances & Property Maintenance: Specific conditions
constituting a public nuisance. One of the sheds/storage structures is unsecure making the
property an attractive nuisance by evidence of a missing skylight on a shed roof as well
as a door lock and hasp damaged leaving the building unsecured. There are hot plates and
a toaster oven that are being used to cook as well as lighters and candles being used in the
Nov. 19, 2024 Item #10 Page 74 of 106
4
space. The shed structures are designed for storage purposes and are being used for
dwelling and cooking purposes. The front porch entry area is in disrepair to include but
not limited to the railings and wood flooring making it unsafe to stand on.
• Hazardous or insanitary premises -Substandard Buildings -Improper Occupancy:
The shed structures are designed for storage purposes and are being used for dwelling and
cooking purposes. 1997 Uniform Housing Code, Chapter 10, section 1001.14.
• Substandard Buildings -Inadequate Sanitation / General dilapidation. -The front
porch entry area on the commercial structure is in disrepair to include but not limited to
the railings and wood flooring making it unsafe to stand on. 1997 Uniform Housing
Code, Chapter 10, 1001.2.13.
• Substandard Buildings -Fire Hazard. -Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in the space. 1997 Uniform Housing
Code, Chapter 10, 1001.9.
• Nuisance -All of the aforementioned violations, taken together, constitute a nuisance as
they collectively put the property in a condition which is adverse or detrimental to public
health, safety and general welfare. The collective violations also demonstrate that the
property is maintained in a manner to become so defective, unsightly, dangerous, and in a
condition of deterioration and disrepair to cause or potentially case harm to persons.
CMC sections 6.16.010 and 6.16.015(1)
• Unlawful placement of solid waste.
Solid waste, bulky items such as video game machines, metal tank, dilapidated vending
machine, poles, piles of wood along the wall, green padding, tarped area, trash, and
debris are located in the rear of the property and are placed anywhere other than in an
approved solid waste container on site. CMC Section 6.08.100.
As the owner of the property, you are hereby ordered to ensure the shed/storage structures
remain vacated. You must also repair the violations existing at the property and abate the public
nuisance conditions pursuant to this Notice and Order.
ORDER TO REP AIR
You are hereby ordered to correct all violations by completing the following:
.I,·.'
Nov. 19, 2024 Item #10 Page 75 of 106
5
Within 24 hours from the date of this Notice and Order, you must remove all fire hazards to
include but not limited to the hot plates and toaster oven being used to cook and the lighters and
candles.
Within 5 calendar days from the date of this Notice and Order, board and secure the skylight
and repair the lock and hasp to prevent access to any shed/storage structures being used for
dwelling purposes. Remove all items used in association with habitation/dwelling space, to
include but not limited to mattresses, lamps, bedroom furniture, hygiene products, ice chests, and
sleeping bags/blankets. An inspection will be scheduled on September 9, 2024 at 11:00 am to
verify compliance of these violations as well as the fire hazards.
No later than 12 calendar days from the date of this Notice and Order, you must repair the
front porch/walkway area to the main structure on Roosevelt St. to include the rain disrepair. An
inspection will be scheduled on September 17th, 2024 at 11:00 am to verify compliance of
this violation.
• If the City requests corrections or additional documentation, you must submit the items
requested within 7 calendar days after any such request.
ORDER TO REMOVE ALL PUBLIC NUISANCE CONDITIONS
You are hereby ordered to remove all public nuisance conditions. You are hereby ordered to
maintain the property free of all public nuisance activity as indicated above.
FRANCHISE TAX BOARD MAY BE NOTIFIED
You are also notified that sections 1727 4 and 24436.5 of the California Revenue and Taxation
Code provide in part that no deduction shall be allowed to a taxpayer for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year with respect to substandard
housing which is rented for income, if the substandard conditions are not corrected within six (
6) months of the date of this Notice and Order. The City will be notifying the Franchise Tax
Board of the substandard conditions at your property if applicable.
REQUIREMENTS IF YOU SELL PROPERTY
HSC section 17991 ( c) requires that if you sell or transfer the property during the period between
the issuance of this Notice and Order and the abatement of the violation or any judicial or
administrative actions related to the Notice and Order, then you are required to record a "Notice
of Conveyance of Substandard Property" with the Count Recorder's Office and provide the City
Nov. 19, 2024 Item #10 Page 76 of 106
6
of San Diego with the name, address, driver's license or identification number of the new
owner(s) within five business days of the sale or transfer of the property.
FAILURE TO COMPLY WITH THIS NOTICE AND ORDER
Additional consequences may result in enforcement actions, including but not limited to
administrative abatement, civil penalties, appointment of a receiver pursuant to HSC section
17980.7(c), revocation of permits, withholding of future municipal permits, or the filing of a
judicial action. Pursuant to HSC section 17985(a), a copy of this Notice and Order will be
recorded with the County Recorder's Office.
APPEAL RIGHTS
THIS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024. In order to
appeal the violations associated with Code Case No. 2024-0740 as articulated in the Notice of
Violation dated August 23, 2024 and in this Notice and Order, you must follow the instructions
in this "Appeal Rights" section for the filing of an appeal.
Any person having any record title of legal interest in the above referenced property may appeal
this Notice and Order or any action of the Building Official. Such an appeal must be made in
writing and filed with the Building Official within 30 days of the date of service, which is the
day that this Notice and Order was mailed via certified mail. All appeals must also conform to
the requirements of Chapter 12 of the UHC, a copy of which has been enclosed with this Notice
and Order. Failure to properly and timely file an appeal will constitute a waiver of all rights to
an administrative hearing and determination of this matter. If you choose to appeal this Notice
and Order, you should read the attachment that explains the true purpose of an appeal.
Pursuant to Temple of 1001 Buddhas v. City of Fremont, appeals of orders, decisions and
determinations made by the enforcing agency relative to the application and interpretation of the
State Building Code and other regulations governing construction, use, maintenance and change
of occupancy must be heard by the agency's local appeals board. Where no such appeals boards
or agencies have been established, the governing body of the city, county, or city and county
shall serve as the local appeals board. Because this Notice and Order relates to the application of
the State Building Code and other regulations governing construction, use, maintenance and
change of occupancy, and because no local appeals board has been established in the City of
Carlsbad, an appeal of this Notice will be heard by the City Council. General appeal form
information is available at https://www.carlsbadca.gov/city-hall/clerk-services, but your request
for an appeal must comply with Chapter 12 of the UHC, as stated above and as attached.
An appeal fee in the amount of $1527.00 must be paid prior to the scheduling of an appeal of a
decision of the Building Official.
Nov. 19, 2024 Item #10 Page 77 of 106
7
If you have any questions regarding this Notice and Order; please contact Building Official
Shawn Huff at (442) 339-5338, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays,
or in writing at City of Carlsbad, 1635 Faraday Ave., Carlsbad, CA 92008.
Re~lllAI
Shawn Huff ~ tD
Building Official
City of Carlsbad
Enclosures: Notice of Violation dated 8/23/2024
UHC Chapter 12 (Appeal)
'Ii'.',··'.'' :',•l, 1, .. ',1
Nov. 19, 2024 Item #10 Page 78 of 106
{"'Cityof
Carlsbad
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA
LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
August 23, 2024
Dear 2921 Roosevelt Limited California Limited:
RE: 2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
APN: 2032921000
CASE#: CC2024-0740
OFFICER: Jamie Lenos-Terfehr
NUMBER OF VIOLATIONS: 4
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
COMPLIANCE DATE: September 16, 2024
CODE SECTION
CORRECTIVE ACTION
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
CA HSC 17920.3 C SUBSTANDARD BUILDING -Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Community Development Department
Code Enforcement Division
CORRECTIVE ACTION
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 79 of 106
CC2024-0740 NOTICE OF VIOLATION Page 2 of 4
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING -Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CORRECTIVE ACTION
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
CA HSC 17920.3 N SUBSTANDARD BUILDING -Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 02, 2024
CORRECTIVE ACTION
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 80 of 106
CC2024-0740 NOTICE OF VIOLATION
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
Page 3 of 4
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 81 of 106
CC2024-0740 NOTICE OF VIOLATION Page 4 of 4
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION -PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and / or citation must be appealed separately or communicated as a "global appeal" on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #10 Page 82 of 106
1997 UNIFORM HOUSING CODE 1101
1103
Chapter 11
NOTICES AND ORDERS OF THE BUILDING OFFICIAL
SECTION 1101 -GENERAL
1101.1 Commencement of Proceedings. When the building of-
ficial has inspected or caused to be inspected a building and has
found and determined that such building is a substandard building,
the building official shall commence proceedings to cause the re-
pair, rehabilitation, vacation or demolition of the building.
1101.2 Notice and Order. The building official shall issue a no-
tice and order directed to the record owner of the building. The no-
tice and order shall contain the following:
1. The street address and a legal description sufficient for iden-
tification of the premises upon which the building is located.
2. A statement that the building official has found the building
to be substandard, with a brief and concise description of the con-
ditions found to render the building dangerous under the provi-
sions of Section 202 of this code.
3. A statement of the action required to be taken as determined
by the building official.
3.1 If the building official has determined that the building
or structure must be repaired, the order shall require that
all required permits be secured therefor and the work
physically commenced within such time (not to exceed
60 days from the date of the order) and completed within
such time as the building official shall determine is rea-
sonable under all of the circumstances.
3.2 If the building official has determined that the building
or structure must be vacated, the order shall require that
the building or structure shall be vacated within a certain
time from the date of the order as determined by the
building official to be reasonable.
3.3 If the building official has determined that the building
or structure must be demolished, the order shall require
that the building be vacated within such time as the
building official shall determine reasonable (not to ex-
ceed 60 days from the date of the order), that all required
permits be secured therefor within 60 days from the date
of the order and that the demolition be completed within
such time as the building official shall determine is rea-
sonable.
4. Statements advising that if any required repair or demolition
work (without vacation also being required) is not commenced
within the time specified, the building official (i) will order the
building vacated and posted to prevent further occupancy until the
work is completed and (ii) may proceed to cause the work to be
done and charge the costs thereof against the property or its owner.
5. Statements advising (i) that any person having any record
title or legal interest in the building may appeal from the notice
and order or any action of the building official to the housing advi-
sory and appeals board, provided the appeal is made in writing as
provided in this code, and filed with the building official within 30
days from the date of service of such notice and order, and (ii) that
failure to appeal will constitute a waiver of all right to an adminis-
trative hearing and determination of the matter.
1101.3 Service of Notice and Order. The notice and order, and
any amended or supplemental notice and order, shall be served
upon the record owner, and posted on the property; and one copy
thereof shall be served on each of the following if known to the
building official or disclosed from official public records: the
Copyright International Conference of Building Officials
Provlded by IHS under license with ICBO
holder of any mortgage or deed of trust or other lien or encum-
brance of record, the owner or holder of any lease of record, and
the holder of any other estate or legal interest of record in or to the
building or the land on which it is located. The failure of the build-
ing official to serve any person required herein to be served shall
not invalidate any proceedings hereunder as to any other person
duly served or relieve any such person from any duty or obligation
imposed by the provisions of this section.
1101.4 Method of Service. Service of the notice and order shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at their ad-
dress as it appears on the last equalized assessment roll of the
county or as known to the building official. If no address of any
such person so appears or is known to the building official, then a
copy of the notice and order shall be so mailed, addressed to such
person, at the address of the building involved in the proceedings.
The failure of any such person to receive such notice shall not af-
fect the validity of any proceedings taken under this section. Ser-
vice by certified mail in the manner herein provided shall be
effective on the date of mailing.
1101.5 ProofofService. Proof of service of the notice and order
shall be certified to at the time of service by a written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made.
The declaration, together with any receipt card returned in
acknowledgement of receipt by certified mail, shall be affixed to
the copy of the notice and order retained by the building official.
SECTION 1102 -RECORDATION OF NOTICE AND
ORDER
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the
building official shall file in the office of the county recorder acer-
tificate describing the property and certifying (i) that the building
is a substandard building and (ii) that the owner has been so noti-
fied. Whenever the corrections ordered shall thereafter have been
completed or the building demolished so that it no longer exists as
a substandard building on the property described in the certificate,
the building official shall file a new certificate with the county re-
corder certifying that the building has been demolished or all re-
quired corrections have been made so that the building is no longer
substandard, whichever is appropriate.
SECTION 1103 -REPAIR, VACATION AND
DEMOLITION
The following standards shall be followed by the building official
(and by the housing advisory and appeals board if an appeal is
taken) in ordering the repair, vacation or demolition of any sub-
standard building or structure:
1. Any building declared a substandard building under this code
shall be made to comply with one of the following:
1.1 The building shall be repaired in accordance with the
current Building Code or other current code applicable
to the type of substandard conditions requiring repair.
1.2 The building shall be demolished at the option of the
building owner.
21
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Nov. 19, 2024 Item #10 Page 83 of 106
PROOF OF SERVICE
I, Jamie Lenos-Terfehr declare:
I am a resident of the State of California and over the age of eighteen years, and not
a paiiy to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On October 28, 2024, at 2:30 p.m., I served the within documents:
1.
2.
NOTICE OF NUISANCE ABATEMENT HEARING
□
X
□
by causing personal delivery of the document(s) listed above to the person(s) at the
address( es) set fo1ih below; or
by mailing a copy of the document(s) listed above by first-class, certified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set forth below; and
by posting the document(s) listed above conspicuously at or upon each exit of the
building at the property at 2921 Roosevelt, Carlsbad, California 92008.
AMERICAN FIRST FEDERAL, INC.
155 B AVE
LAKE OSWEGO, OR 97034-3148
AMERICAN SECURITIES COMP ANY
590 MADISON A VE., 38th FLOOR
NEW YORK, NY 10022
CDC SMALL BUSINESS FINANCE CORP
2448 HISTORIC DECATUR ROAD, SUITE 200
SAN DIEGO, CA 92106
FIRST COMMERCE, LLC
P.O.BOX232
LAKE OSWEGO, OR 97034
U.S. SMALL BUSINESS ADMINISTRATION,
ATTENTION: LIQUIDATION TEAM
FRESNO COMMERCIAL LOAN SERVICING
CENTER
801 R. STREET, SUITE 101
FRESNO, CA 93721
Nov. 19, 2024 Item #10 Page 84 of 106
I am readily familiar with the City's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service
on that same day with postage thereon fully prepaid in the ordinary course of business
I declare under penalty of pe1jmy under the laws of the State of California that the
above is true and correct.
Executed on October 28, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #10 Page 85 of 106
PROOF OF SERVICE
I, Jamie Lenos-Terfehr declare:
I am a resident of the State of California and over the age of eighteen years, and not
a party to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On October 28 , 2024, at 2:30 p.m., I served the within documents:
1.
2.
NOTICE OF NUISANCE ABATEMENT HEARING
D
D
X
by causing personal delivery of the document(s) listed above to the person(s) at the
address( es) set forth below; or
by mailing a copy of the document(s) listed above by first-class, certified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set forth below; and
by posting the document(s) listed above conspicuously at or upon each exit of the
building at the property at 2921 Roosevelt, Carlsbad, California 92008.
2921 ROOSEVELT LTD CALIFORNIA
BUSINESS
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
I am readily familiar with the City's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service
on that same day with postage thereon fully prepaid in the ordinaiy course of business
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
Executed on October 28, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #10 Page 86 of 106
PROOF OF SERVICE
I, Jamie Lenos-Terfehr declare:
I am a resident of the State of California and over the age of eighteen years, and not
a party to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On October 28 , 2024, at 2:30 p.m., I served the within documents:
I.
2.
NOTICE AND ORDER TO REPAIR
□ by causing personal delivery of the document(s) listed above to the person(s) at the
address( es) set forth below; or
x by mailing a copy of the document(s) listed above by first-class, ce1iified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set forth below; and
□ by posting the document(s) listed above conspicuously at or upon each exit of the
building at the prope1iy at 2921 Roosevelt, Carlsbad, California 92008.
Nov. 19, 2024 Item #10 Page 87 of 106
KELSALL AND ASSOCIATES
2921 ROOSEVELT ST
CARLSBAD, CA 92008
KELSALL LEGAL SOLUTIONS PC
815 CIVIC CENTER DR
OCEANSIDE, CA 92054
SAMUEL IV KELSALL
1118 E MISSOURI AVE B2
PHOENIX, AZ 85014
SAMUEL IV AND EDNA M KELSALL, CO-
OWNERS
7531 NAVIGATOR CIRCLE
CARLSBAD, CA 92011
SAMUEL KELSALL
7040 A VENIDA ENCINAS UNIT 104
CARLSBAD, CA 92011
2921 ROOSEVELT LTD CALIFORNIA
BUSINESS
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
I am readily familiar with the City's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business
I declare under penalty of pe1jmy under the laws of the State of California that the
above is true and c01Tect.
Executed on October 28 , 2024, at Carlsbad, California.
Nov. 19, 2024 Item #10 Page 88 of 106
PROOF OF SERVICE
I, Jamie Lenos-Terfehr declare:
I am a resident of the State of California and over the age of eighteen years, and not
a party to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On November 4, 2024, at 2:30 p.m., I served the within documents:
2.
NOTICE OF NUISANCE ABATEMENT HEARING
□
X
□
by causing personal delivery of the document(s) listed above to the person(s) at the
address( es) set fo1ih below; or
by mailing a copy of the document(s) listed above by first-class, certified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set f01ih below; and
by posting the document(s) listed above conspicuously at or upon each exit of the
building at the prope1iy at 2921 Roosevelt, Carlsbad, California 92008.
AMERICAN FIRST FEDERAL, INC.
155 B AVE
LAKE OSWEGO, OR 97034-3148
AMERICAN SECURITIES COMP ANY
590 MADISON AVE., 38th FLOOR
NEW YORK, NY 10022
CDC SMALL BUSINESS FINANCE CORP
2448 HISTORIC DECATUR ROAD, SUITE 200
SAN DIEGO, CA 92106
FIRST COMMERCE, LLC
P.O.BOX232
LAKE OSWEGO, OR 97034
U.S. SMALL BUSINESS ADMINISTRATION,
ATTENTION: LIQUIDATION TEAM
FRESNO COMMERCIAL LOAN SERVICING
CENTER
801 R. STREET, SUITE 101
FRESNO, CA 93721
Nov. 19, 2024 Item #10 Page 89 of 106
I am readily familiar with the City's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service
on that same day with postage thereon fully prepaid in the ordinmy course of business
I declare under penalty of pe1jury under the laws of the State of California that the
above is true and correct.
Executed on November 4th, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #10 Page 90 of 106
PROOF OF SERVICE
I, Jamie Lenos-Terfehr declare:
I am a resident of the State of California and over the age of eighteen years, and not
a party to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On November 4th, 2024, at 2:30 p.m., I served the within documents:
2.
NOTICE OF NUISANCE ABATEMENT HEARING
D
X
D
by causing personal delivery of the document(s) listed above to the person(s) at the
address( es) set forth below; or
by mailing a copy of the document(s) listed above by first-class, certified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set forth below; and
by posting the document(s) listed above conspicuously at or upon each exit of the
building at the property at 2921 Roosevelt, Carlsbad, California 92008.
2921 ROOSEVELT LTD CALIFORNIA BUSINESS
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
KELSALL AND ASSOCIATES
2921 ROOSEVELT ST
CARLSBAD, CA 92008
KELSALL LEGAL SOLUTIONS PC
815 CIVIC CENTER DR
OCEANSIDE, CA 92054
SAMUEL IV KELSALL
1118 E MISSOURI AVE B2
PHOENIX, AZ 85014
SAMUEL IV AND EDNA M KELSALL, CO-OWNERS
7531 NAVIGATOR CIRCLE
CARLSBAD, CA 92011
Nov. 19, 2024 Item #10 Page 91 of 106
SAMUEL KELSALL
7040 A VENIDA ENCINAS
UNIT 104
CARLSBAD, CA 92011
I am readily familiar with the City's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid in the ordinary course of
business
I declare under penalty of pe1jury under the laws of the State of California that the
above is true and correct.
Executed on November 4th, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #10 Page 92 of 106
PROOF OF SERVICE
I am a resident of the State of California and over the age of eighteen years, and not
a paiiy to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On November 4th, 2024, at €/): 1° @·~I served the within documents:
1.
2.
NOTICE OF NUISANCE ABATEMENT HEARING
□
□
X
by causing personal delive1y of the document(s) listed above to the person(s) at the
address( es) set forth below; or
by mailing a copy of the document(s) listed above by first-class, certified mail,
postage prepaid, return receipt requested in the United States mail at Carlsbad,
California addressed as set f01ih below; and
by posting the document(s) listed above conspicuously at or upon each exit of the
building at the property at 2921 Roosevelt, Carlsbad, California 92008.
2921 ROOSEVELT LTD CALIFORNIA
BUSINESS
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
I am readily familiar with the City's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service
on that same day with postage thereon fully prepaid in the ordinaiy course of business
I declare under penalty of perjury under the laws of the State of California that the
above is true and conect.
Executed on November 4th, 2024, at Carlsbad, California.
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Nov. 19, 2024 Item #10 Page 94 of 106
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Nov. 19, 2024 Item #10 Page 104 of 106
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Nov. 19, 2024 Item #10 Page 106 of 106
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1
Public Nuisance Abatement Hearing –
2921 Roosevelt St.
Mike Strong, Asst. Director Community Development
Robbie Hickerson, Code Enforcement Manager
Nov. 19, 2024
ITEM 10
2
Background
•Code Enforcement staff received a complaint on Aug. 16,
2024, for a property at 2921 Roosevelt St.
•City staff have been actively addressing property maintenance
issues and other health and safety issues since at least 2014.
•Upon inspection, staff observed a large tarped area storing
items. Also observed junk, rubbish, and debris and evidence
that sheds are occupied by one or more occupants.
ITEM 10 – Roosevelt St.
3
ITEM 10 – Roosevelt St.
4
Abbreviated Timeline
•Staff have inspected the property 6 times over the past 4
months.
•Altogether there have been 68 inspections and 49 citations
since 2014.
•Police have routinely patrolled the area and responded to
numerous trespassing complaints.
•Current violations:
- Various subdivisions of California Health and Safety Code
for substandard buildings
- Carlsbad Municipal Code Section 6.12.010 and 6.12.015
- Carlsbad Municipal Code Section 6.08.100
ITEM 10 – Roosevelt St.
5
ITEM 10 – Roosevelt St.
6
ITEM 10 – Roosevelt St.
7
ITEM 10 – Roosevelt St.
8
Abbreviated Timeline Cont’d
•Aug. 16, 2024 - red tag (“do not enter”) posted.
•Oct. 21, 2024 - Notice and Order was recorded.
•Notice and Order not appealed.
•Oct. 28, 2024 - the city served notice of this hearing on
all interested parties.
•Nov. 4, 2024 - second notice served.
ITEM 10 – Roosevelt St.
9
Determination of Nuisance
•Nuisance defined under CMC Section 6.16.010.
•Code Enforcement staff takes into account unique
hardships or challenges of violators to provide sufficient
time to remedy the violation.
•If the violations persist and cause a public health and
safety risk, the city will, as a last resort, pursue a public
nuisance abatement action.
•Procedures for the abatement of nuisances are subject
to CMC Chapter 6.16.
•The City Council presides over the public nuisance
abatement hearing.
ITEM 10 – Roosevelt St.
10
Next Steps
•The City Council issues an abatement order in the form
of a resolution.
•If the property owner fails to abate the nuisance within
the 30-day timeframe specified in the abatement order,
the city may proceed with abating the nuisance.
•It would cost the city around $5,000 to $10,000 to do
the work.
•The associated charge could be applied in semi-annual
installments on the property owner’s tax bill for the
next fiscal year 2025-26.
ITEM 10 – Roosevelt St.
11
Recommendation
•Adoption of a resolution finding the conditions at 2726
Wilson Street constitute a public nuisance and order
abatement.
ITEM 10 – Roosevelt St.