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HomeMy WebLinkAboutCC2025-0107; SUSAN HOLLANDER MARIANNE HOLLANDER SPECIAL NEEDS TRUST 4-30-01; 2025-0290736; Other10/17 /25, 11 :22 AM Batch 20020071 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD DOC# 2025-0290736 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Oct 17, 2025 09:00 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:8 NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION Assessor's Parcel Number: 2101152500 Property Address: 5400 CARLSBAD BLVD Owner of Record: SUSAN HOLLANDER MARIANNE HOLLANDER SPECIAL NEEDS TRUST 4-30-01 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: Lot Number: 118 District: 0003 City, Municipality, Township: CARLSBAD Subdivision Name: TERRAMAR UNIT #4 Tract No: 3312 Brief Description: LOT 118* Recorder's Map Ref: 003312 is not in compliance with the Carlsbad Municipal Code. These violations are set forth in Administrative Citation #4 issued to the property owner on September 23, 2025 (attached as Exhibit A), and include: CMC 06.16.015.J PUBLIC NUISANCES & PROPERTYMAINTENANCE: Specific conditions constituting a public nuisance. Violation Description: Accumulation of overgrown dried/dead vegetation and trees in the backyard area of the property which has been deemed a public nuisance and fire hazard. 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 will be denied. 1 https://gs.secure-erds.com/Batch/Confirmation/20020071 1/2 ~N WITNESS THEREOF, we have hereunto set our hands and seals this z~~ day of ~e ('ktvi\tr, 202s. APPROVED AS TO FORM: By: ~ ~ CITY OF CARLSBAD A Municipal Corporation of the=~ofc::; ~~--- Robbie Hick son, Code Enforcement Manager Marissa A. Kawecki, Deputy City Attorney for Cindie K. McMahon, City Attorney ATTESTED: Morgan Fry, Deputy/ Assistant City Clerk 2 EXHIBIT 'A' REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Lot Number: 118 District: 0003 City, Municipality, Township: CARLSBAD Subdivision Name: TERRAMAR UNIT #4 Tract No: 3312 Brief Description: LOT 118*Recorder's Map Ref: 003312 APN: 210-011-52500 EXHIBIT 'B' (c ity of Carlsbad ADMINISTRATIVE CITATION # 4 SUSAN HOLLANDER MARIANNE HOLLANDER S SPECIAL NEEDS TRUST 4-30-01 5400 CARLSBAD BLVD CARLSBAD, CA 92018-4416 September 23, 2025 Number of Violations (this citation): Amount Per Violation (this citation): Total Amount Due (this citation): RE: APN: 5400 CARLSBAD BLVD CARLSBAD, CA 92008-4416 2101152500 CASE#: CC2025-0107 OFFICER: Scott Lynge 1 $500.00 Payment due no later than: 10/23/2025 $500.00 Dear Susan Hollander Marianne Hollander S Special Needs Trust 4-30-01: The timeframe for correcting the code violation(s) referenced below has expired. An inspection/ review of the property on July 08, 2025 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 October 7, 2025 . CODE SECTION PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific FINE: $500 CMC O6.16.O15.J conditions constituting a public nuisance J. Property upon which any violation of this code or any applicable state, county, or local law exists, or property which is used in violation of this code or any applicable state, county, or local law. (Ord. CS-385 § 2, 2020) § 6.16.010 Public nuisance defined. "Public nuisance" means 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 . VIOLATION DESCRIPTION Accumulation of over grown, dried, dead vegetation/trees in the backyard area of the property which has been deemed a public nuisance and possible fire hazard. COMPLIANCE DATE: October 7, 2025 CORRECTIVE ACTION Please cut back or remove the accumulation of over grown, dried, dead vegetation/trees in the backyard area of the property which has been deemed a public nuisance and possible fire hazard as soon as possible but no later than the compliance date shown on this notice. Thank you for your cooperation, 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 Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov CC2025-0107 ADMINISTRATIVE CITATION # 4 Page 2 of 4 be assessed. Depending on the severity and type of violation, the city may alternatively pursue administrative abatement, revocation or withholding of municipal permits, recordation of a notice of violation, recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution. If you have any questions about this notice or the alleged violation(s), contact Scott Lynge at Scott.Lynge@carlsbadca .gov. Please provide the case number CC2025-0107 and the property address. We anticipate and appreciate your cooperation in this matter. Sincerely, Scott Lynge 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 CC2025-0107 ADMINISTRATIVE CITATION # 4 Page 3 of 4 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 Ta xes ("TOT") or to remit any t ax 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, t he city may: record a lien against the subject property for the amount of TOT, penalties and interest due; issue a wa rrant 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 tax payer. Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442 -339-2703 I codeenforcement@carlsbadca.gov CC2025-0107 ADMINISTRATIVE CITATION # 4 Page 4 of 4 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 pavment. 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. Fa ilure 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 a~er 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