HomeMy WebLinkAbout2024-11-19; City Council; 11; Public Nuisance Abatement Hearing – 2726 Wilson 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 – 2726 Wilson St.
District: 1
Recommended Actions
1.Hold a public hearing; and
2.Adopt a resolution finding that the conditions on private property located at 2726 Wilson
Street (APN 156-152-15-00) constitute a public nuisance and ordering abatement of the public
nuisance in accordance with Chapter 6.16 - Public Nuisances of Property Maintenance of
Carlsbad Municipal Code Title 6 - Health and Sanitation (Exhibit 1).
Executive Summary
City staff have been actively addressing property maintenance issues deemed to be a public
nuisance on the residential property located at 2726 Wilson St. since early 2023. The persistent
violations include failures to:
•Remove debris of a fallen tree
•Rehabilitate and/or replace a garage crushed by the tree
•Remove trash and debris
•Remove materials stored in the yard
•Remove inoperable vehicles stored in the front yard.
The city served the property owner with a notice of violation and numerous administrative citations
in an effort to seek their voluntary compliance. The city also recorded a notice of pending
administrative enforcement action against the property after providing notice, in accordance with
the Carlsbad Municipal Code.
The city also served all interested parties named on the property’s title with two notices of this
hearing, as required by city ordinance.
Nov. 19, 2024 Item #11 Page 1 of 82
The city’s efforts to obtain compliance through various administrative remedies have been
unsuccessful.
If a notice of violation for a public nuisance has been issued and it 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 against the property.
Explanation & Analysis
Background
The property located at 2726 Wilson St.
(APN 156-152-15-00) is owned by Wade
Hawkins (the property owner) and
mortgagees DLJ Mortgage Capital Inc.,
PRLAP, Inc. and Bank of America, N.A. The
property consists of a 0.45-acre lot,
located east of Interstate-5 and north of
Carlsbad Village Drive.
The lot is relatively flat and surrounded by
single-family homes. The property contains
an existing one-story, residential home of
1,892 square-feet. It was constructed in
1942, with a detached two-car garage.
Code Enforcement staff received a
complaint on Jan. 6, 2023, regarding the
condition of the property. Upon inspection, staff observed a tree on the property that had
fallen and significantly damaged the detached garage. Further inspection of the property also
revealed junk, rubbish, and debris scattered throughout the property and inoperable vehicles
stored in the front yard.
Municipal Code violations
These conditions are in violation of the following Carlsbad Municipal Code sections:
Carlsbad Municipal Code Section 6.12.020: Junk – Accumulation deemed nuisance
The accumulation of junk contrary to this chapter is declared to be a public
nuisance.
A recent view of the property from Wilson Street.
Nov. 19, 2024 Item #11 Page 2 of 82
Carlsbad Municipal Code Section 6.12.040: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used
for residential purposes or on a lot adjacent to a lot used for residential
purposes except in agricultural zones:
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot
that is used for residential purposes, except in accordance with all of the
following regulations:
1. The accumulation shall not be maintained so as to be conducive to the
breeding, shelter or harborage of insects, rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an
unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire
hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days
shall, from and after the thirtieth day of such accumulation, be stored
in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger
or potential danger to the public health, safety or welfare.
Staff have inspected the property 18 times over the past 23 months and issued seven
administrative citations, with a total of $6,750 in penalties, for the property owner’s failure to
correct the violations in a timely manner. The property owner did not timely appeal the
citations, nor have they paid the citation penalties.
• Beginning on April 19, 2024, the property owner was provided information about the
city’s Minor Home Repair Program on his administrative citations. This program
provides financial assistance to lower income property owners seeking to make a minor
home repair.
• The city recorded a notice of pending administrative enforcement action against the
property on Sept. 4, 2024, after providing notice of the recording of the document in
keeping with the Municipal Code.
• On Oct. 21, 2024, the property owner contacted the city seeking a waiver of the
administrative citation penalties owed and indicating that he was in a position to
correct the violations. Staff explained that the penalties could not be waived and
explained the public nuisance abatement hearing process to him, encouraging him to
correct the violations prior to the hearing date.
• On Oct. 22, 2024, the city served notice of this hearing on the property owner by
posting the notice on the property. Notice was mailed on this same date via first class
mail to the property owner and all mortgagees on title 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 this code enforcement case is provided as Exhibit 2. All notices are
provided as Exhibit 3. Photographs of the nuisance conditions are provided as Exhibit 4.
Nov. 19, 2024 Item #11 Page 3 of 82
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.
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 conditions at the property at 2726 Wilson St. meet these definitions of a public nuisance,
warranting abatement.
• The accumulation of junk and debris, collapsed garage structure and inoperable
vehicles 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 persons who access the property and will be materially detrimental to property or
improvements in the immediate vicinity of the property.
To date, the property owner has been unable to bring the property into compliance. In fact,
conditions have worsened, with an additional inoperable vehicle on the property. The fallen
tree and garage debris have broken down and scattered to other parts of the front yard.
Staff have received multiple complaints from residents of the neighborhood regarding the
issues and poor conditions on the property.
Additionally, the conditions at the property constitute a public nuisance under Carlsbad
Municipal Code Section 6.12.020 - Junk—accumulation deemed nuisance, for which the
property owner was cited numerous times as part of this code enforcement case. Carlsbad
Municipal Code Section 6.16.015(I) (Specific conditions constituting a public nuisance) clarifies
that all other conditions deemed to be a "nuisance" or "public nuisance" as defined throughout
Nov. 19, 2024 Item #11 Page 4 of 82
the Carlsbad Municipal Code are a public nuisance. Finally, the property owner’s failure to
correct the violation of Carlsbad Municipal Code Section 6.12.040--Regulations for
accumulation, is also a public nuisance violation since it satisfies the definition of a public
nuisance in Carlsbad Municipal Code Section 6.16.010 and Section 6.16.015(J) (specific
conditions constituting a nuisance--property upon which any violation of this code exists, or
property which is used in violation of this code).
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 beneficiaries
under a recorded deed of trust 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 set forth 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 five 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 on title with notice of this hearing via mail and by posting the notice on the
property on Oct. 22, 2024, and 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 and debris from the property and towing/impounding
any inoperable or unlicensed vehicles on the property.
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
Nov. 19, 2024 Item #11 Page 5 of 82
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 $15,000 to $25,000 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 work upon demand by the city, the city can
make the cost of abatement a special assessment against the property. While a special
assessment will ensure reimbursement of these expenses, the exact timing of any 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
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 code enforcement case
3. Administrative notices, citations, declarations of service
4. Site photos
Nov. 19, 2024 Item #11 Page 6 of 82
Exhibit 1
Nov. 19, 2024 Item #11 Page 7 of 82
RESOLUTION NO. 2024-261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA FINDING THAT THE CONDITIONS ON PRIVATE PROPERTY
LOCATED AT 2726 WILSON STREET (APN 156-152-15-00) CONSTITUTE A
PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE PUBLIC NUISANCE
IN ACCORDANCE WITH CHAPTER 6.16-PUBLIC NUISANCES AND PROPERTY
MAINTENANCE OF CARLSBAD MUNICIPAL CODE TITLE 6 -HEALTH AND
SANITATION
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 2726 Wilson Street (APN 156-152-15-00) ("the Property") is
owned by Wade Hawkins ("Property Owner") and mortgagees DU Mortgage Capital Inc., PRLAP, Inc.,
and Bank of America, N.A.; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that a tree fell in the front yard of the Property and has caused significant and irrecoverable damage
to a detached garage structure on the Property; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that the Property Owner failed to remove the fallen tree debris and rehabilitate/replace the damaged
garage structure and has generally allowed other junk and debris to accumulate in the front yard area
of the property, including inoperable vehicles; and
WHEREAS, the City of Carlsbad Code Enforcement Division has provided substantial evidence
that the Property Owner's failure to address the above-listed issues has resulted in a violation of
Carlsbad Municipal Code Section 6.12.040 (Junk: regulations for accumulation) and Section 6.12.030
(Junk: accumulation deemed nuisance); and
WHEREAS, the record of proceedings upon which this substantial evidence is based,
includes but is not limited to: (1) photographic documentation, and code enforcement officer
observations to document the violation(s); (2) copies of all reports and documents developed or
created during the investigation; (3) the Carlsbad Municipal Code; (4) 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. The Nov. 19, 2024, City Council staff
report, which is incorporated herein by this reference, adequately summarizes the record of
proceedings for which the facts, findings, and other determinations in this Resolution are based; and
WHEREAS, the City of Carlsbad Code Enforcement Division cited the Property Owner with a
notice of violation and seven administrative citations beginning on Feb. 22, 2023, for the above-listed
code violations, copies of which were duly served on the Property Owner and are provided as Exhibit
3 to the Nov. 19, 2024 City Council staff report associated with this Resolution; and
WHEREAS, beginning on April 19, 2024, Property Owner was provided information about the
city’s Minor Home Repair Program, which provides financial assistance to lower income property
owners seeking to make a minor home repair; and
WHEREAS, the Property Owner did not file a timely appeal of the notice of violation or any of
the administrative citations which included a violation for a public nuisance (Carlsbad Municipal Code
Section 6.12.030—Junk: accumulation deemed nuisance); and
WHEREAS, the Property Owner contacted the city on Oct. 21, 2024, seeking a waiver of the
administrative citation penalties owed and indicating that he was in a position to correct the
violations. Staff explained that the penalties could not be waived and explained the public nuisance
abatement hearing process to him, encouraging him to correct the violations prior to the hearing
date; 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;
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. 22, 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; and
WHEREAS, Carlsbad Municipal Code Section 6.12.020 states that the accumulation of junk
contrary to Chapter 6.12 is a public nuisance; and
Nov. 19, 2024 Item #11 Page 8 of 82
WHEREAS “public nuisance” is defined in Carlsbad Municipal Code Sections 6.16.010 (general
definition of public nuisance), and Carlsbad Municipal Code Section 6.16.015(I) (Specific conditions
constituting a public nuisance) states that all other conditions deemed to be a "nuisance" or "public
nuisance" as defined throughout the Carlsbad Municipal Code are a public nuisance; and
WHEREAS, the City of Carlsbad Code Enforcement Division has further provided substantial
evidence that the junk and debris and numerous inoperable vehicles in the front yard of the Property
constitutes a public nuisance in violation of Carlsbad Municipal Code Section 6.16.015(J) (specific
conditions constituting a nuisance--property upon which any violation of this code exists, or property
which is used in violation of this code); and
WHEREAS, the City Council finds that the conditions at the Property constitute a public
nuisance as defined in Carlsbad Municipal Code Section 6.16.010, by significantly obstructing,
injuring, or interfering with the reasonable or free use of property in a neighborhood, community, or
to any considerable number of persons and should be abated or removed in order to protect the
public health, safety, and welfare; and
WHEREAS, the City Council further finds that the Property constitutes a public nuisance as
defined in Carlsbad Municipal Code Section 6.16.010, because it 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 and should be abated or removed in order to protect the public
health, safety and welfare.
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.
3.Any and all objections to the proposed removal of the following items located in the front
yard area of the Property: Abandoned or damaged structures, dead trees, trash, junk, debris,
and inoperable vehicles, as reported by the City of Carlsbad Code Enforcement Division, are
hereby overruled.
Nov. 19, 2024 Item #11 Page 9 of 82
Nov. 19, 2024 Item #11 Page 10 of 82
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 completely removing all of the following items
located in the front yard area: Abandoned or damaged structures, dead trees, trash, junk,
debris, and inoperable vehicles.
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
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 BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Exhibit 2
Timeline of Code Enforcement Actions at 2726 Wilson Street
Jan. 06, 2023 – Complaint initially received.
Jan. 09, 2023 – 1st inspection.
Jan. 31, 2023 – 2nd inspection.
Feb. 21, 2023 – 3rd inspection.
Feb. 22, 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.
June 19, 2023 – 4th inspection.
Aug. 7, 2023 – 5th inspection.
Sept. 28, 2023 – 6th inspection.
Oct. 18, 2023 – 7th inspection.
Jan. 17, 2024 – 8th inspection.
Jan. 18, 2024 – Final Notice of Violation was delivered by 1st class mail to the
responsible parties.
Feb. 7, 2024 – 9th inspection.
Feb. 7, 2024 – 1st Administrative Citation was delivered by 1st class mail to the
responsible parties.
Feb. 27, 2024 – 10th inspection.
Feb. 27, 2024 – 2nd Administrative Citation was delivered by 1st class mail to
the responsible parties.
March 14, 2024 – 11th inspection.
March 14, 2024 – 3rd Administrative Citation was delivered by 1st class mail to
the responsible party and physically posted on the property.
April 2, 2024 – 12th inspection.
April 3, 204 – 4th Administrative Citation was delivered by 1st class mail to the
responsible party and physically posted on the property.
April 8, 2024 – 13th inspection.
April 19, 2024 – 5th Administrative Citation was delivered by 1st class mail to
the responsible party and physically posted on the property. This citation
included information about the city’s Minor Home Repair Program in the event
the responsible party qualified.
Nov. 19, 2024 Item #11 Page 11 of 82
May 7, 2024 – 14th inspection.
May 8, 2024 – 6th Administrative Citation was delivered by 1st class mail to the
responsible party and physically posted on the property.
May 23, 2024 – 15th inspection.
Sept. 4, 2024 – 16th inspection and a Notice of Pending Administrative
Enforcement Action was recorded against the property.
Sept. 12, 2024 – 7th Administrative Citation was delivered by 1st class mail to
the property owner and physically posted on the property.
Oct. 17, 2024 – 17th inspection.
Oct. 22, 2024 – 18th inspection.
Oct. 22, 2024 – Notice of Nuisance Abatement Hearing was physically posted
on the property and delivered by 1st class mail to property owner and all
mortgagees (DLJ Mortgage Capital Inc., PRLAP, Inc., and Bank of America,
N.A.).
Nov. 4, 2024 – A second and final Notice of Nuisance Abatement Hearing was
delivered by 1st class mail to property owner and all mortgagees and
physically posted on the property.
Nov. 19, 2024 Item #11 Page 12 of 82
FINAL NOTICE OF VIOLATION
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
2726 WILSON ST
CARLSBAD, CA 92008-1529
RE:
1561521500APN:
CC2023-0004CASE#:
Kyle RicciarelliOFFICER:
NUMBER OF VIOLATIONS: 2
January 18, 2024
Dear Wade Hawkins:
As you are aware, we have received a complaint about the property referenced above.
The property was first inspected on Jan 09, 2023 and again on Jan 17, 2024, and it appears to
be in violation of the following code(s).
Since the previous Notice did not result in full compliance with city code(s), further noncompliance
in this matter will result in the issuance of an Administrative Citation. The first citation carries a
$100 fine per violation. A second citation will result in a $200 fine per violation. Subsequent
citations may result in $500 per violation per day that the property remains non-compliant.
The following violation(s) were observed during the property inspection, it is necessary to
perform the corrective action(s) before the Compliance Date of February 01, 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
CMC 6.12.020 JUNK: Accumulation deemed nuisance
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this
office before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
Clean the junk up as soon as possible and no later than
the Compliance date.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Exhibit 3
Nov. 19, 2024 Item #11 Page 13 of 82
C cityof
Carlsbad
FINAL NOTICE OF VIOLATION Page 2 of 4CC2023-0004
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE:February 01, 2024
CODE SECTION
CMC 06.12.040 JUNK: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on
a lot adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or
wall which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential
purposes, except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of
insects, rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of
such accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health,
safety or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as
defined in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
VIOLATION DESCRIPTION CORRECTIVE ACTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this
office before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
Clean up the junk as soon as possible and no later than
Compliance date.
COMPLIANCE DATE:February 01, 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,
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #11 Page 14 of 82
FINAL NOTICE OF VIOLATION Page 3 of 4CC2023-0004
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 Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
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 #11 Page 15 of 82
FINAL NOTICE OF VIOLATION Page 4 of 4CC2023-0004
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 #11 Page 16 of 82
ADMINISTRATIVE CITATION # 1
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
RE:2726 WILSON ST
CARLSBAD, CA 92008-1529
CASE#:CC2023-0004
OFFICER:Kyle Ricciarelli
APN:1561521500
February 07, 2024
2
$100.00
$200.00
Payment due no
later than:
03/08/2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
The timeframe for correcting the code violation(s) referenced below has expired. An inspection /
review of the property on February 06, 2024 by the Code Enforcement Division determined the
property remains non-compliant with the applicable code(s). According to available records, you
are an owner or other responsible party of this property. The corrective action(s) indicated
below is / are required no later than February 22, 2024.
CMC 6.12.020 JUNK: Accumulation deemed nuisance
CODE SECTION FINE: $100
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this office
before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: February 22, 2024
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 17 of 82
C cityof
Carlsbad
ADMINISTRATIVE CITATION # 1 Page 2 of 5CC2023-0004
CMC 06.12.040 JUNK: Regulations for accumulation
CODE SECTION FINE: $100
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
CORRECTIVE ACTION
Clean up the junk as soon as possible and no later than
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this office
before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: February 22, 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 additional administrative citations and
penalties 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.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 18 of 82
ADMINISTRATIVE CITATION # 1 Page 3 of 5CC2023-0004
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
City of Carlsbad
Code Enforcement
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 19 of 82
ADMINISTRATIVE CITATION # 1 Page 4 of 5CC2023-0004
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes (“TOT”) or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator’s short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 20 of 82
ADMINISTRATIVE CITATION # 1 Page 5 of 5CC2023-0004
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
Payment of any fine shall not excuse the failure to correct the violation nor shall it
bar further enforcement by the City.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 21 of 82
ADMINISTRATIVE CITATION # 2
RE:2726 WILSON ST
CARLSBAD, CA 92008-1529
CASE#:CC2023-0004
OFFICER:Kyle Ricciarelli
APN:1561521500
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
February 27, 2024
2
$200.00
$400.00
Payment due no
later than:
03/28/2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
The timeframe for correcting the code violation(s) referenced below has expired. An inspection /
review of the property on February 27, 2024 by the Code Enforcement Division determined the
property remains non-compliant with the applicable code(s). According to available records, you
are an owner or other responsible party of this property. The corrective action(s) indicated
below is / are required no later than March 12, 2024.
CMC 6.12.020 JUNK: Accumulation deemed nuisance
CODE SECTION FINE: $200
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this office
before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: March 12, 2024
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #11 Page 22 of 82
C cityof
Carlsbad
ADMINISTRATIVE CITATION # 2 Page 2 of 5CC2023-0004
CMC 06.12.040 JUNK: Regulations for accumulation
CODE SECTION FINE: $200
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
CORRECTIVE ACTION
Clean up the junk as soon as possible and no later than
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If
more time is required, a written (mailed or emailed)
request, clearly outlining a proposed timeline with
milestones for completion, must be received by this office
before the compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: March 12, 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 additional administrative citations and
penalties 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 #11 Page 23 of 82
ADMINISTRATIVE CITATION # 2 Page 3 of 5CC2023-0004
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
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 #11 Page 24 of 82
ADMINISTRATIVE CITATION # 2 Page 4 of 5CC2023-0004
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes (“TOT”) or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator’s short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #11 Page 25 of 82
ADMINISTRATIVE CITATION # 2 Page 5 of 5CC2023-0004
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
Payment of any fine shall not excuse the failure to correct the violation nor
shall it bar further enforcement by the City.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #11 Page 26 of 82
CODE ENFORCEMENT DIVISION
Images Associated with CASE NUMBER: CC2023-0004
NOTES:NOTES:
NOTES:
Page 1 of 1February 27, 2024
1635 Faraday Avenue | Carlsbad, CA 92008 | 422-339-2703 | codeenforcement@carlsbadca.govNov. 19, 2024 Item #11 Page 27 of 82
(cityof
Carlsbad
ADMINISTRATIVE CITATION # 3
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
RE:2726 WILSON ST
CARLSBAD, CA 92008-1529
CASE#:CC2023-0004
OFFICER:Kyle Ricciarelli
APN:1561521500
March 14, 2024
2
$500.00
$1,000.00
Payment due no
later than:
04/13/2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
The timeframe for correcting the code violation(s) referenced below has expired. An
inspection / review of the property on March 14, 2024 by the Code Enforcement Division
determined the property remains non-compliant with the applicable code(s). According to
available records, you are an owner or other responsible party of this property. The corrective
action(s) indicated below is / are required no later than March 29, 2024.
CMC 6.12.020 JUNK: Accumulation deemed nuisance
CODE SECTION FINE: $500
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
VIOLATION DESCRIPTION CORRECTIVE ACTION
The piles of trash, debris and miscellaneous items need to
be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
Clean the junk up as soon as possible and no later than the
Compliance date.
March 29, 2024COMPLIANCE DATE:
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 28 of 82
C cityof
Carlsbad
ADMINISTRATIVE CITATION # 3 Page 2 of 5CC2023-0004
CMC 06.12.040 JUNK: Regulations for accumulation
CODE SECTION FINE: $500
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
VIOLATION DESCRIPTION CORRECTIVE ACTION
The piles of trash, debris and miscellaneous items need to
be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
Clean up the junk as soon as possible and no later than
Compliance date.
March 29, 2024COMPLIANCE DATE:
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 additional administrative citations and
penalties 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.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 29 of 82
ADMINISTRATIVE CITATION # 3 Page 3 of 5CC2023-0004
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
City of Carlsbad
Code Enforcement
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 30 of 82
ADMINISTRATIVE CITATION # 3 Page 4 of 5CC2023-0004
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes (“TOT”) or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator’s short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 31 of 82
ADMINISTRATIVE CITATION # 3 Page 5 of 5CC2023-0004
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
Payment of any fine shall not excuse the failure to correct the violation nor shall it
bar further enforcement by the City.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 32 of 82
ADMINISTRATIVE CITATION # 4
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
RE:2726 WILSON ST
CARLSBAD, CA 92008-1529
CASE#:CC2023-0004
OFFICER:Kyle Ricciarelli
APN:1561521500
April 03, 2024
2
$500.00
$1,000.00
Payment due no
later than:
05/03/2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
The timeframe for correcting the code violation(s) referenced below has expired. An inspection /
review of the property on April 02, 2024 by the Code Enforcement Division determined the
property remains non-compliant with the applicable code(s). According to available records, you
are an owner or other responsible party of this property. The corrective action(s) indicated
below is / are required no later than April 17, 2024.
CMC 6.12.020 JUNK: Accumulation deemed nuisance
CODE SECTION FINE: $500
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: April 17, 2024
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 33 of 82
C cityof
Carlsbad
ADMINISTRATIVE CITATION # 4 Page 2 of 5CC2023-0004
CMC 06.12.040 JUNK: Regulations for accumulation
CODE SECTION FINE: $500
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:1.The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;2.The accumulation shall not be strewn about or maintained in an unsightly condition;3.The accumulation shall be maintained so as not to constitute a fire hazard;4.Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers;5.The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;6.The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
CORRECTIVE ACTION
Clean up the junk as soon as possible and no later than
Compliance date.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: April 17, 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 additional administrative citations and
penalties 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.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 34 of 82
ADMINISTRATIVE CITATION # 4 Page 3 of 5CC2023-0004
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
City of Carlsbad
Code Enforcement
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 35 of 82
ADMINISTRATIVE CITATION # 4 Page 4 of 5CC2023-0004
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes (“TOT”) or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator’s short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 36 of 82
ADMINISTRATIVE CITATION # 4 Page 5 of 5CC2023-0004
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
Payment of any fine shall not excuse the failure to correct the violation nor shall it
bar further enforcement by the City.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 37 of 82
ADMINISTRATIVE CITATION # 5
RE:2726 WILSON ST
CARLSBAD, CA 92008-1529
CASE#:CC2023-0004
OFFICER:Kyle Ricciarelli
APN:1561521500
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
April 19, 2024
2
$500.00
$1,000.00
Payment due no
later than:
05/19/2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
The timeframe for correcting the code violation(s) referenced below has expired. An
inspection / review of the property on April 18, 2024 by the Code Enforcement Division
determined the property remains non-compliant with the applicable code(s). According to
available records, you are an owner or other responsible party of this property. The corrective
action(s) indicated below is / are required no later than May 3, 2024.
CMC 6.12.020 JUNK: Accumulation deemed nuisance
CODE SECTION FINE: $500
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the Compliance date.
If you are a lower-income owner of a
single-family dwelling unit, you may be
eligible for limited funding from the
city’s Minor Home Repair Program to
help correct this code violation(s).
Please contact the Housing &
Homeless Services Department for
more information: 442-339-2810 or
housing@carlsbadca.gov.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: May 3, 2024
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 38 of 82
C cityof
Carlsbad
ADMINISTRATIVE CITATION # 5 Page 2 of 5CC2023-0004
CMC 06.12.040 JUNK: Regulations for accumulation
CODE SECTION FINE: $500
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:1.The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;2.The accumulation shall not be strewn about or maintained in an unsightly condition;3.The accumulation shall be maintained so as not to constitute a fire hazard;4.Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers;5.The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;6.The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
CORRECTIVE ACTION
Clean up the junk as soon as possible and no later than the
Compliance date.
If you are a lower-income owner of a
single-family dwelling unit, you may be
eligible for limited funding from the
city’s Minor Home Repair Program to
help correct this code violation(s).
Please contact the Housing &
Homeless Services Department for
more information: 442-339-2810 or
housing@carlsbadca.gov.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is:
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: May 3, 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 additional administrative citations and
penalties 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.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 39 of 82
ADMINISTRATIVE CITATION # 5 Page 3 of 5CC2023-0004
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
City of Carlsbad
Code Enforcement
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 40 of 82
ADMINISTRATIVE CITATION # 5 Page 4 of 5CC2023-0004
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes (“TOT”) or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator’s short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 41 of 82
ADMINISTRATIVE CITATION # 5 Page 5 of 5CC2023-0004
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
Payment of any fine shall not excuse the failure to correct the violation nor shall it
bar further enforcement by the City.
1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-2703 | codeenforcement@carlsbadca.gov
Community Development Department
Code Enforcement DivisionNov. 19, 2024 Item #11 Page 42 of 82
Nov. 19, 2024 Item #11 Page 43 of 82
(city of
Carlsbad
ADMINISTRATI VE CITATION # 6
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
May 8, 2024
Number of Violations (this citation):
Amount Per Violation (this citation):
Total Amount Due (this citation):
Dear Wade Hawkins:
RE : 2726 WILSON ST
CARLSBAD, CA 92008-1529
APN: 1561521500
CASE#: CC2023-0004
OFFICER: Kyle Ricciarelli
2
$500.00 Payment due no
later than:
06/07/2024
$1,000.00
The timeframe for correcting the code violation(s) referenced below has expired. An
inspection / review of the property on May 7, 2024 by the Code Enforcement Division
determined the property remains non-compliant with the applicable code(s). According to
available records, you are an owner or other responsible party of this property. The corrective
action(s) indicated below is/ are required no later than May 22, 2024.
CODE SECTION FINE: $500
CMC 6 .12.020 JUNK: Accumulation deemed nuisance
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
VIOLATION DESCRIPTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required, a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion, must be received by this office before the
compliance date for consideration.
The mailing address is :
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle. ricciarell i@carlsbadca.gov
COMPLIANCE DATE: May 22, 2024
Community Development Department
Code Enforcement Division
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the
Compliance date.
If you are a lower-income owner of a
single-family dwelling unit, you may be
eligible for limited funding from the
city's Minor Home Repa ir Program to
help correct this code violation(s).
Please contact the Housing &
Homeless Services Department for
more information: 442-339-2810 or
housing@carlsbadca.gov.
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
Nov. 19, 2024 Item #11 Page 44 of 82
CC2023-0004 ADMINISTRATIVE CITATION # 6 Page 2 of 5
FINE: $500 CODE SECTION
CMC 06.12.040 JUNK: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes,
except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall , from ahd after the thirtieth day of such
accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety
or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined
in Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
VIOLATION DESCRIPTION CORRECTIVE ACTION
The piles of trash, debris and miscellaneous items need
to be abated by the compliance date of this letter. If more
time is required , a written (mailed or emailed) request,
clearly outlining a proposed timeline with milestones for
completion , must be received by this office before the
compliance date for consideration.
The mailing address is :
Code Enforcement
C/O Kyle Ricciarelli
1635 Faraday Ave
Carlsbad, CA 92008
My email address is:
kyle.ricciarelli@carlsbadca.gov
COMPLIANCE DATE: May 22, 2024
Clean up the junk as soon as possible and no later than the
Compliance date.
If you are a lower-income owner of a
single-family dwelling unit; you may be
eligible for limited funding from the
city's Minor Home Repa ir Program to
help correct this code violation(s).
Please contact the Housing &
Homeless Services Department for
more information: 442-339-2810 or
housing@carlsbadca.gov.
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 additional administrative citations and
penalties 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 #11 Page 45 of 82
CC2023-0004 ADMINISTRATIVE CITATION # 6 Page 3 of 5
If you have any questions about this notice or the alleged violation(s), contact Kyle Ricciarelli at
Kyle.Ricciarelli@carlsbadca.gov. Please provide the case number CC2023-0004 and the
property address.
We anticipate and appreciate your cooperation in this matter. •
Sincerely,
Kyle Ricciarelli
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 #11 Page 46 of 82
CC2023-0004 ADMINISTRATIVE CITATION # 6 Page 4 of 5
ADMINISTRATIVE CITATIONS
Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation
for violations of the code. There are four levels of citations that may be issued progressively
for a violation. The fines, as indicated on the front of the citation, are $100 per violation for
the first citation, $200 per violation for the second citation, and $500 per violation, per day for
the third and subsequent citations. These fines are cumulative. A warning, if issued, does not
incur a fine and, therefore, is not appealable.
Be aware that continued non-compliance in this matter and a failure to pay the administrative
citation fees brings consequences. According to Carlsbad Municipal Code late fees may be
assessed, civil actions may be pursued, and special assessments against the property may
occur.
EXPLANATION OF CONSEQUENCES
FAILURE TO PAY ADMINISTRATIVE CITATION FINE
The failure of any person to pay the fine assessed by a citation within 30 days of the issuing
date of the citation or the due date on a delinquent notice may result in turning the account
over to a collection agency, filling a claim with the Small Claims Court, a lien against your
property, or any other available legal remedy to collect such money. The city has the authority
to collect all costs associated with the filing of such actions.
FAILURE TO CORRECT VIOLATIONS
There are numerous other enforcement options that may be used to encourage correction of
violations. These options include, but are not limited to: criminal prosecution, civil litigation
abatement, recording the violation with the County Recorder and forfeiture or certain benefits
for substandard residential rental property.
FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED
Any hotel or short-term vacation rental operator who fails to pay any required Transient
Occupancy Taxes ("TOT") or to remit any tax collected to the city is subject to civil suit,
criminal prosecution and/or suspension or revocation of the operator's short-term vacation
rental permit. Within three years after TOT is due to the city, the city may: record a lien
against the 'subject property for the amount of TOT, penalties and interest due; issue a
warrant for the enforcement of any unpaid liens; seize and sell real or personal property to
satisfy any TOT lien; and give a withhold notice to all persons, including the state or
government entities, having in their possession or under their control any credits or other
personal property belonging to the taxpayer.
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 #11 Page 47 of 82
CC2023-0004 ADMINISTRATIVE CITATION # 6 Page 5 of 5
HOW TO PAY FINE
The amount of the fine is indicated on the front of the administrative citation and is due within
30 days of the issue date of the citation. Payment can be made by credit card, personal
check, cashier's check, or money order.
Please note: the citation number will be required for all forms of payment.
To Pay by Credit Card:
www.pticket.com/carlsbadadmin
To Pay by Mail:
City of Carlsbad
P.O. Box 3926
Tustin, CA 92781-3926
Payment of any fine shall not excuse the failure to correct the violation nor
bar further enforcement by the City.
RIGHTS TO APPEAL
You have the right to appeal this citation within 30 days from the date the citation was issued.
If the citation was mailed, the appeal must be made within 30 days from the date of mailing.
An appeal must be made in writing, including a return address, a basis for the appeal in detail
must be included, and be accompanied by the fine amount. Appeal forms may be obtained
from the Finance Department at the address noted below. An appeal will result in an
administrative hearing.
Failure of any person to properly file a written appeal within 30 days shall constitute a waiver
of his or her right to an administrative hearing and adjudication of the citation or any portion
thereof and the total amount of the fine.
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 violations.
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 #11 Page 48 of 82
DOC# 2024-0237350
111111111111 lllll lllll 1111111111111111111111111111111111111111 11111111
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sep 04, 2024 12:08 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
CITY CLERK SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
CITY OF CARLSBAD PAGES:8 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
CITY OF CARLSBAD
NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION
Assessor's Parcel Number(s):
156-152-15-00
Property Address: 2726 WILSON STREET
Owner of Record: WADE HAWKINS, 2726 WILSON ST, CARLSBAD, CA 92008-1529
Pursuant to Section 1.10.050 of the Carlsbad Municipal Code, the City of Carlsbad hereby gives
notice, as public record, that the above identified real property within the City of Carlsbad, and
more specifically described as:
SEE EXHIBIT "A"
is not in compliance with the Carlsbad Municipal Code. These violations are set forth in a Notice
of Violation issued to the property owner on February 22, 2023 (attached as Exhibit B) and
include:
CMC 6.12.020 JUNK: Accumulation deemed nuisance
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
CMC 06.12.040 JUNK: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for
residential purposes or on a lot adjacent to a lot used for residential purposes except in
agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated
within two feet of a fence or wall which is constructed of nonflammable material and is
not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used
for residential purposes, except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to the breeding,
shelter or harborage of insects, rodents, vermin or pests;
1
Nov. 19, 2024 Item #11 Page 49 of 82
2. The accumulation shall not be strewn about or maintained in an unsightly condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and
after the thirtieth day of such accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or potential
danger to the public health, safety or welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater
conveyance system as defined in Chapter 15.12.
The owner has been notified thereof, and this notice shall remain on record until all necessary
corrections have been made and the property is in compliance with the code sections related to
the violations cited. Until a Certificate of Compliance is recorded by the Code Enforcement
Manager of the City of Carlsbad, applications for grading permits, use permits, major and minor
subdivisions, rezones, specific plans, specific plan amendments, general plan amendments,
discretionary approvals and building permits may be denied.
IN WITNESS THEREOF, we have hereunto set our hands this 2_,,,q ~ay of~, 2024.
APPROVE~FORM:
By: 7 k
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
~ Robbie 1ckerscrn
Code Enforcement Manager
Marissa A. Kawecki, Deputy City Attorney
for Cindie K. McMahon, City Attorney
/1 /~. / / l
ATTESTED: // ' A ) -------
By: ____./ ~ -
Faviola Medina,fity q er I ervices Director
J
2
Nov. 19, 2024 Item #11 Page 50 of 82
EXHIBIT 'A'
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
LOT SEVENTEEN (1 7) OFWILSONIA TRACT, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. 2169, FILED AUGUST 13, 1929; EXCEPTING THEREFROM
THE NORTHWESTERLY ONE-HALF ACRE OF SAID LOT SEVENTEEN, THE SOUTHEASTERLY LINE
THEREOF BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT SEVENTEEN: ALSO
EXCEPTING THEREFROM THAT PORTION LYING ON THE EASTERLY SIDE OF A LINE PARALLEL TO
THE WESTERLY LINE OF SAID LOT AND 180 FEET DISTANT THEREFROM, SAID 180 FEET BEING
MEASURED ALONG THE SOUTHEASTERLY SIDE OF SAID LOT.
APN: 156-152-15-00
Nov. 19, 2024 Item #11 Page 51 of 82
EXHIBIT 'B'
Nov. 19, 2024 Item #11 Page 52 of 82
NOTICE OF VIOLATION
{_City of
Carlsbad
IRIE:
WADE HAWKINS
2726 WILSON ST
CARLSBAD, CA 92008-1529
SOS APP LIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
February 22, 2023
Dear Wade Hawkins:
APN: 1561521500
CASIE#: CC2023-0004
OIFIFICIER: Kyle Ricciarelli
NUMBER OF VIOLATIONS: 2
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 March 08, 2023.
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
CMC 6.12.020 JUNK: Accumulation deemed nuisance
The accumulation of junk contrary to this chapter is declared to be a public nuisance.
VIOLATION DESCRIPTION
Fallen tree and crushed structure need to be cleaned up.
COMPLIANCE DATE: March 08, 2023
CODE SECTION
CORRECTIVE ACTION
Clean the junk up as soon as possible and no later than the
Compliance date.
CMC 06.12.040 JUNK: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot
adjacent to a lot used for residential purposes except in agricultural zones:
1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall
which is constructed of nonflammable material and is not used for structural support of a building;
2. Within 15 feet of any rear lot line;
3. Within 10 feet of any side lot line;
4. In the front yard or in the stre.et side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes, except
in accordance with all of the following regulations:
1. The accumulation shall not be malntained so as to be conducive to the breeding, shelter or harborage of insects,
rodents, vermin or pests;
2. • The accumulation shall not be strewn about or maintained in an unsightly condition;
3. • The accumulation shall be maintained so as not to constitute a fire hazard;
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 #11 Page 53 of 82
CC2023-0004 NOTICE OF VIOLATION Page 2 of 3
4. Any accumulation ofjunk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such
accumulation, be stored in opaque containers; ' .
5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or
welfare;
6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined in
Chapter 15.12. (Ord. NS-625 § 7, 2002; Ord. 5039 § 3)
VIOLATION DESCRIPTION
Fallen tree in front yard needs to be cleaned up and
disposed of or properly stored.
Crushed structure needs to be removed or repaired.
COMPLIANCE DATE: March 08, 202 3
CORRECTIVE ACTION
Clean up the junk as soon as possible and no later than
Compliance date.
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, recordatlon 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 Kyle Ricciarelli at
Kyle.Riccia relli@carlsbadca .gov. Please provide the case number CC:2023-0004 and the property
address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Kyle Ricciarelli
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 #11 Page 54 of 82
CC2023-0fJ04 NOTICE OF VIOLATIO N Page 3 of 3
EXP LANATION OF CONSEQUENCE$ -_ --
The Carlsbad Municipal ~od<::, _Chapter 1.10 provides for the issuance of an :~-dministrative citation and
penalty for Municipal ¢<;/qe'vi9_lations. Each section violated is considered a:s~p~rate offense with an
independentpenalty, wtifcb_n'.J_ay be assessed each day such violation exists. Administrative penalties
will not exceed: $100-fQr Jbffirst violation of the same ordinance within one_ y~ar, $200 for the second
violation of th_e same ol'cliJ\a_rite within one year, and $500 for the third and each additional violation of
the same ordinance withYii:PJ'ie year. These penalties are cumulative. Admiriistrative costs may also be
assessed to account for-e-hf9J\;ement and abatement-related costs incurfed by the city.
--
RIG HT TOA.PREAL NOTICE OF VIOLATION -PUBLIC NUISAN9E
A recipient of a notice of vioiatiob for a public nuisance under Chapter 6;16 of thi~ c6de (and no other
notic:es of violation) has 10 c:alen_dar:days from the date of service of the notice qf_v1olq1ti0n to file an
appeal by completing all requir~cl,}E:iquest for hearing forms and returhing them to the Building & Code
Enforcement Division or other dEfr:i~rtm$nt specified on the notice. If the dea.dline to appei:il falls on a
• weekend or city holiday, then the 9:e~d_line is extended to the next regular business d~y., :-Ah appeal will
-be scheduled and heard in accordan{e With Carlsbad Municipal Code sections 1.10.12-U~~)id).10.130.
Visit https://www.carlsbadca.gov/home/sliov✓publisheddocument?id=7487 for more infor~matlon on appeals
: i:IS _well as appeal forms. You may cbitipJ;ktgthe appeE\I f6rm electronically and email to:
< ¢qgeenforcement@ca rlsbadca. gov;
fa¢~Se-be advised that an app-eal of one n91:ie;;eqf violation or citation is not deemed to be an a·ppe~ll of
ajl)gg1:ices of violation or dtations related toJh_~ $a me property or individual. Each notice of vl9j~1:19ri
arid) or-citation must be appealed separately:-or _communicated as a "global appeal° on your a-pp€aL -
pa·pe,r.0:ork, along with the submission of any 9qts1anding citation(s) balance(s) to be appealed.'--·_ _ -"-
Addit}oi)a)lyt any permits, variances or similar i;¥i-'rnJ!:?$iOns issued after a notice of violation or citation \'
has been. issued does not forg ive any preceding nOdces of violation or citations, nor does this forgive
any re(~f §gJuture continuing violation. :-::-• --
The failur~i'6f:,c:1_ny person issued a public nuisance vibl?tionlq properly file a written appeal Wi_thin 10
days of theffa,}t;C~f issuance of the notice sha.11 constitute 9 vyaiver of his or_ her right to an
administrai:1it he~ring and adjudicationof the notice of vioiation 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 #11 Page 55 of 82
(City of
Carlsbad
6.12.010 -Definitions
6.12.010 Definitions
Code Enforcement
Community Development
1635 Faraday Ave.
442-339-2703
www.carlsbadca.gov
For the purposes of this chapter the following words and phrases shall have the meanings
respectively ascribed to them in this section:
"Front lot line" means the line separating the front of the lot from the street. If a lot is bounded by
more than one street, then the front lot line is the line most nearly facing the front of the main
building on the lot; provided, that if there is no building on the lot the front lot line may be
designated by the owner of the lot;
"Front yard" means a yard extending across the full width of a lot and extending from the front
lot line to the front foundation line, and its prolongations of the main building. If the lot is vacant,
the front yard depth shall be fifty feet;
"Junk" means any combustible or noncombustible nonputrescible waste, including but not
limited to trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from
lawns, shrubbery or trees, except when used for mulch or like agriculture purposes, household
refuse other than garbage, lumber, metal, plumbing fixtures, bricks, bu1lding stones, plaster,
wire or like materials from the demolition, alteration or construction of buildings or structures,
tires or inner tubes, auto, aircraft or boat parts, plastic or metal parts or scraps, damaged or
defective machinery, whether or not repairable, and damaged or defective toys, automotive
equipment, recreational equipment or household appliances or furnishings; whether or not
repairable;
"Lot" means lot or parcel two acres or less in size;
"Lot used for residential purposes" means a lot on which one or more dwellings are located;
"Rear lot line" means the lot boundary line or lines most distant from and generally opposite the
front lot line;
"Side lot line" means any lot boundary line that is not a front or rear lot line. (Ord. 5039 § 1)
6.12.010 Definitions Page 1 of 1 Rev. 02/23
Nov. 19, 2024 Item #11 Page 56 of 82
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 5:00P.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: 156-152-15-00
REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
LOT SEVENTEEN {17) OF WILSON IA TRACT, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 2169, FILED AUGUST 13, 1929; EXCEPTING THEREFROM THE
NORTHWESTERLY ONE-HALF ACRE OF SAID LOT SEVENTEEN, THE SOUTHEASTERLY LINE THEREOF
BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT SEVENTEEN: ALSO EXCEPTING
THEREFROM THAT PORTION LYING ON THE EASTERLY SIDE OF A LINE PARALLEL TO THE
WESTERLY LINE OF SAID LOT AND 180 FEET DISTANT THEREFROM, SAID 180 FEET BEING
MEASURED ALONG THE SOUTHEASTERLY SIDE OF SAID LOT.
Nov. 19, 2024 Item #11 Page 57 of 82
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, 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 t he land until paid.
The alleged violations consist of the following:
The following items have accumulated in the front yard area : Abandoned or damaged
structures, dead trees, trash, junk, debris, and inoperable vehicles. These items have
accumulated in a manner that is in violat ion of these sections of the Carlsbad Municipal
Code:
Carlsbad Municipal Code Section 6.12.020: Junk--Accumulation deemed nuisance
The accumulat ion of junk contrary to this chapter is declared to be a public nuisance.
CMC 6.12.040: Regulations for accumulation
A. No person shall accumulate junk or permit junk to be accumulated on a lot used for
residential purposes or on a lot adjacent t o a lot used for residential purposes except in
agricultural zones:
3. Within 10 feet of any side lot line;
4. In the front yard or in the street side yard of a corner lot.
B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used
for residential purposes, except in accordance with all of the following regulations:
1. The accumulation shall not be maintained so as to be conducive to t he breeding,
shelter or harborage of insects, rodents, vermin or pests;
2. The accumulation shall not be strewn about or maintained in an unsightly
condition;
3. The accumulation shall be maintained so as not to constitute a fire hazard;
4. Any accumulation of junk maintained on a lot for more than 30 days shall, from
and after the thirtieth day of such accumulation, be stored in opaque containers;
5. The accumulation shall be maintained so as not to constitute a danger or
potential danger to the public health, safety or welfare.
The methods of abatement available are completely removing all of the following items located
in the front yard area: Abandoned or damaged structures, dead trees, trash, junk, debris, and
inoperable vehicles.
Nov. 19, 2024 Item #11 Page 58 of 82
e sons having any objection to, or interest in this matter are hereby notified to attend a
, eetin of the City Council of the City of Carlsbad to be held on the 19th day of November 2024,
a the our of 5:00 P.M. when their testimony and evidence will be heard and given due
consi f.tion.
City Manager of the City of Carlsbad
Nov. 19, 2024 Item #11 Page 59 of 82
PROOF OF SERVICE
I, Kyle Ricciarelli 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 22, 2024, at 1 :25 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 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 2726 Wilson Street, Carlsbad, California 92008.
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
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 c01Tect.
Executed on October 22, 2024, at Carlsbad, California.
Si nature of serving party
Nov. 19, 2024 Item #11 Page 60 of 82
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 22, 2024, at 12:30 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 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 2726 Wilson Street, Carlsbad, California 92008.
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
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 ofpe1jmy under the laws of the State of California that the
above is true and correct.
Executed on October 22, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #11 Page 61 of 82
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 22, 2024, at 12:30 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 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 2726 Wilson Street, Carlsbad, California 92008.
BANK OF AMERICA CORPORA TE CENTER
100 NORTH TRYON STREET
CHARLOTTE, NC 28255
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 o·f pe1jury under the laws of the State of California that the
above is true and c01Tect.
Executed on October 22, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #11 Page 62 of 82
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 22, 2024, at 12:30 p.m., I served the within documents:
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 forth below; and
by posting the document( s) listed above conspicuously at or upon each exit of the
building at the property at 2726 Wilson Street, Carlsbad, California 92008.
DLJ MORTGAGE CAPITAL, INC
11 MADISON A VE
NEW YORK, NY 10010
I am readily familiar with the City's practice of collection and processing
c01Tespondence 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 pe1jury under the laws of the State of California that the
above is true and c01Tect.
Executed on October 22, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #11 Page 63 of 82
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 22, 2024, at 12:30 p.m., I served the within documents:
1.
2.
NOTICE OF NUISANCE ABATEMENT HEARING
D
X
D
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, 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 2726 Wilson Street, Carlsbad, California 92008.
PRLAP, INC
1111 EAST MAIN STREET, 10th FLOOR
V A2-300-10-03
RICHMOND, VA 23219
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 pe1jury under the laws of the State of California that the
above is true and correct.
Executed on October 22, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #11 Page 64 of 82
PROOF OF SERVICE
declare:
I am a resident of the State of California and over the age of eighteen years, and not
a pmiy to the within action; my business address is 1635 Faraday Ave., Carlsbad, California 92008.
On November 4th , 2024, at 9:o 1 @of-, 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 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 2726 Wilson St, Carlsbad, California 92008.
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
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 November 4th, 2024, at Carlsbad, California.
Nov. 19, 2024 Item #11 Page 65 of 82
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 8:00 a.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 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 2726 Wilson St, Carlsbad, California 92008.
WADE HAWKINS
SOS APPLIANCE CARE
2726 WILSON ST
CARLSBAD, CA 92008
I am readily familiar with the City's practice of collection and processing
con-espondence 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 #11 Page 66 of 82
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 8:00 a.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 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 2726 Wilson St, Carlsbad, California 92008.
BANK OF AMERICA CORPORA TE CENTER
100 NORTH TRYON STREET
CHARLOTTE, NC 28255
DLJ MORTGAGE CAPITAL, INC
11 MADISON A VE
NEW YORK, NY 10010
PRLAP, INC
1111 EAST MAIN STREET, 10th FLOOR
VA2-300-10-03
RICHMOND, VA 23219
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 ofpe1jmy under the laws of the State of California that the
above is true and correct.
Executed on November 4th, 2024, at Carlsbad, California.
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Robin Nuschy on behalf of City Attorney
Tuesday, November 19, 2024 4:29 PM
City Clerk
FW: Update 2726 Wilson Street nuisance abatement
From: Wade Hawkins <theappliancerepairguy@gmail.com>
Sent: Tuesday, November 19, 2024 4:27 PM
To: City Attorney <attorney@carlsbadca.gov>
Subject: Update 2726 Wilson Street nuisance abatement
To whom it may concern:
Regarding 2726 Wilson Street nuisance abatement.
Progress:
-l purchased a trailer
-I removed over a ton of green waste
-I recycled almost a ton of metal
I still need my account with Republic Waste unlocked!
Thank you, Wade Hawkins
Wade Hawkins
AYS / At Your Service Appliance Repair
760.828.7717
All Receive -Agenda Item # jj_
For the Information of the:
. fff'f COUNCIL
Date~CA cc ,/
CM _ACM _DCM (3}_
en attachments or click on links unless ou recognize the sender and know the content i
1
1
Public Nuisance Abatement Hearing –
2726 Wilson St.
Mike Strong, Asst. Director Community Development
Robbie Hickerson, Code Enforcement Manager
Nov. 19, 2024
ITEM 11
{"city of
Carlsbad
2
Background
•Code Enforcement staff received a complaint on Jan. 6, 2023,
for a property at 2726 Wilson St.
•Upon inspection, staff observed a tree on the property that
had fallen and significantly damaged the detached garage.
•Also observed junk, rubbish, and debris and inoperable
vehicles stored in the front yard.
ITEM 11 – Wilson Street
C cityof
Carlsbad
3
ITEM 11 – Wilson Street
4
Abbreviated Timeline
•Staff have inspected the property 18 times over the past 23
months.
•7 citations issued.
- Junk. Carlsbad Municipal Code Section 6.12.020
Accumulation deemed nuisance
- Junk. Carlsbad Municipal Code Section 6.12.040
Regulations for accumulation
•None of the citations were appealed.
ITEM 11 – Wilson Street
5
ITEM 11 – Wilson Street
6
ITEM 11 – Wilson Street
7
Abbreviated Timeline Cont’d
•April 19, 2024 - the property owner was provided
information about the city’s Minor Home Repair
Program.
•Oct. 21, 2024 - the property owner contacted the city
and indicating that he was in a position to correct the
violations. Code Enforcement verbally advised of
upcoming nuisance abatement hearing and time to
correct.
•Oct. 22, 2024 - the city served notice of this hearing on
all interested parties.
•Nov. 4, 2024 - second notice served.
ITEM 11 – Wilson Street
8
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 11 – Wilson Street
9
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 $15,000 to $25,000 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 11 – Wilson Street
10
Recommendation
•Adoption of a resolution finding the conditions at 2726
Wilson Street constitute a public nuisance and order
abatement.
ITEM 11 – Wilson Street