HomeMy WebLinkAbout; ; 2018-0396576; PropertyRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
CITY OF CARLSBAD
NOTICE OF LIEN
DOC# 2018-0396576
111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Sep 24, 2018 09:23 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0 00)
PAGES 28
PROPERTY OWNERS: Harold D. Stidolph & Gail A. Stidolph
LEGAL DESCRIPTION: See Grant Deed, attached as Exhibit D
ASSESSOR'S PARCEL NO. 207-101-09-00
City of Carlsbad Code Case Number CE-16-0883
Pursuant to Government Code Sections 38773 and 38773.1 and Carlsbad Municipal Code Section
6.16.040 governing the abatement of a nuisance, the undersigned City of Carlsbad (City) hereby
declares that:
1. Gail A. Stidolph and Harold D. Stidolph, owners of the property located adjacent to 4814
Kelly Drive, Carlsbad, California, described in Exhibits A and D, have failed to remit or pay
the cost of abating a public nuisance on this property, as described in Exhibit B (Notice of
Violation dated June 14, 2016).
2. Owner/occupant Gail A. Stidolph was further provided with a letter dated April 6, 2017,
attached as Exhibit C, which included a detailed invoice of the abatement cost for review. In
this letter, Ms. Stidolph was advised to reimburse the City $13,715.00 by April 17, 2017,
otherwise "the city may collect the cost of abatement by any means necessary including
recording a lien in the county recorder's office." Because the City has not been reimbursed
in whole or in part as of today's date, a lien will be recorded against the aforementioned
property to secure reimbursement.
1
3. Owners presently owe the City the sum of $13,747.00, said sum being due and payable
pursuant to Carlsbad Municipal Code Sections 6.16.040 and 6.16.090.
Cost of abatement: $13,715.00
Cost of recording the lien: $32.00 ($14 for recorder's office cover page; $3 for each
of 6 additional pages)
TOTAL AMOUNT DUE: $13,747.00
4. The City has complied with all provisions of the Carlsbad Municipal Code, Sections 6.16.050
to 6.16.070, in the determination of the amount required to be remitted and paid.
5. From the time of filing for record, the amount required to be remitted together with
recording costs constitutes a lien upon all real property in the county owned by Gail A.
Stidolph and Harold D. Stidolph or afterwards acquired by either of them. The lien has the
force, effect and priority of a judgment lien and may be foreclosed by an action brought by
the City for a money judgment.
IN WITNESS THEREOF, we have hereunto set our hands and seals this '2JJ""-day of Aff?tL,
2018.
AP~~~~ A~ TO FORM:
By: /VL/vv. %
Marissa A. Kawecki, Deputy City Attorney
for Celia A. Brewer, City Attorney
CARLSBAD
ipal Corporation of
ScPIT t:. HAD w 1c ><.,
City Manager
Barbara Engleson, City Clerk
(Seal)
2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On Gu~ v:JLe Jo I>? before me, Tamara R. McMinn, Notary Public
l ) (insert name and title of the officer)
personally appeared 5-,-R""-, t:J= Cbo_j), J / c}( ,
who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu~~ {rtlJ/h. (Seal)
1··················· TAMARA A. MCMINN
•
Notary Public • Clflfornia I
S111 Dllgo County f
COfflffl6slicNI ti 2159561 -
Mv COIMI. Elllirn Jul 10, 2020 I
EXHIBIT A
Property Detail Report
For Property Located At :
EL CAMINO REAL, CARLSBAD, CA 92008 • ,• Real Quest
Cor0Log1c
Owner Information
Owner Name:
Mailing Address:
Vesting Codes:
Legal Description:
County
Census Tract/ Block:
Township-Range-Sect:
Legal Book/Page:
Legal Lot:
Legal Block
Market Area:
Neighbor Code:
Recording/Sale Date
Sale Price
Document#:
Recording/Sale Date:
Sale Price:
Sale Type
Document#:
Deed Type
Transfer Document#:
New Construction:
Title Company:
Lender:
Seller Name
Prior Rec/Sale Date:
Prior Sale Price:
Prior Doc Number:
Prior Deed Type:
STIDOLPH HAROLD D/STIDOLPH GAIL A
4814 KELLY DR, CARLSBAD CA 92008-3733 C007
HW//JT
Location Information
3.65 AC M/L IN LOT I TR 823
SAN DIEGO, CA
178.10 /
207-10
13
APN
Alternate APN:
Subdivision
Map Reference:
Tract#:
School District:
School District Name:
Munic/Township:
Owner Transfer Information
Deed Type
1st Mtg Document#:
Last Market Sale Information
01/27/1987 / 12/1986
$20,000
FULL
42415
GRANT DEED
SAFECO TITLE INSURANCE CO.
L R PARTNERSHIP
1st Mtg AmounUType
1st Mtg Int. Rate/Type
1st Mtg Document#:
2nd Mtg Amount/Type:
2nd Mtg Int. Rate/Type:
Price Per SqFt:
Multi/Split Sale
Prior Sale Information
Prior Lender:
Prior 1st Mtg Ami/Type:
Prior 1st Mtg Rate/Type:
Property Characteristics
Total Rooms/Offices Garage Area:
207-101-09-00
RANCHO AGUA HEDIONDA
14-C6/
823
CARLSBAD
CARLSBAD
Year Built/ Eff
Gross Area: Total Restrooms: Garage Capacity:
Building Area:
Tot Adj Area:
Above Grade
# of Stories
Other Improvements Building Permit
Zoning R1
Lot Area 158,994
Land Use: RESIDENTIAL
ACREAGE
Site Influence:
Total Value: $13,639
Land Value: $13,639
Improvement Value:
Total Taxable Value: $13,639
Roof Type:
Roof Material:
Construction:
Foundation:
Exterior wall:
Basement Area:
Site Information
Acres: 3.65
Lot Width/Depth: X
Commercial Units·
Sewer Type:
Tax Information
Assessed Year: 2017
Improved%:
Tax Year: 2017
Parking Spaces:
Heat Type:
Air Cond:
Pool:
Quality:
Condition:
County Use:
State Use
Water Type:
Building Class:
Property Tax:
Tax Area·
Tax Exemption:
VACANT RESIDENTIAL (110)
$238.76
09000
Street Map Plus Report
For Property Located At
.. ,• Real Quest
Cort>Log,c
EL CAMINO REAL, CARLSBAD, CA 92008
We are sorry, but this report cannot be generated since the requested property does not have the required
geographic information.
EXHIBIT B
CCityof
Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
Carlsbad, CA 92008
760-434-2s10 / 160-no-2031 fax
Notice of Violation/ Declaration of Public Nuisance
Case: CE-16-0883
Date: 06/14/2016
Harold D. & Gail A. Stidolph
Care of: Maren E. Hoover
4814 Kelly Drive
Carlsbad, CA 92008
Dear Ms. Hoover and Mr. & Mrs. Stidolph:
The property known by the San Diego County Assessor as Assessor Parcel No.: 201-101-09-00, described as
3.65 ACM/Lin Lot I TR 823, adjacent to 4814 Kelly Drive, Carlsbad, CA 92008 has been inspected by the
City's enforcement officer (as set forth below) and determined to be maintained in a condition which is
adverse or detrimental to public peace, health, safety, the environment, or general welfare due to multiple
provisions of the Carlsbad Municipal Code, as listed below, and must corrected. Per Carlsbad Municipal Code
6.16.0lO(c), any property which is maintained so as to permit the same to become so defective, unsightly,
dangerous, or in a condition of deterioration or disrepair so that the same will, or may, cause harm to persons,
or which will be materially detrimental to property or improvements located in the immediate vicinity of such
real property, constitutes a public nuisance.
Per Carlsbad Municipal Code 6.16.030, please note that you have ten (10) calendar days within which to
appeal this Notice of Violation to the City Manager. If you wish to appeal this decision, please file a written
request to appeal to the City Clerk within no more than ten (10) calendar days from the date of this notice. If
you do not appeal this notice, this notice to abate the public nuisance set forth above shall be your final
notice. In the event this public nuisance is not abated on or before the date set forth above, per Carlsbad
Municipal Code 6.16.040(a), the City Manager may authorize and direct the abatement thereof by city agents,
employees or by private contract, and in connection therewith such city agents or employees, or such private
contractors and their employees, may enter upon your property to abate the nuisance as set forth above and
subsequently assess you for the costs of this abatement for reimbursement to the City without a public
hearing.
Housing & Neighborhood Services
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t I 760-720-2037 f I www.carlsbadca.gov
Notice of Violation/ Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
Violation Description & Code Section Corrective Action
1} Property was developed and Remove all structures from the City's
structures illegally located (without drainage easement within 3 weeks of
Coastal Development Permit)/ written notice. If clearing occurs during
the bird breeding season, typically
CMC 21.201.030 Requirements for minor January 15 through August 30, a
coastal development permits and coastal biologist shall be on site prior to any
development permits. heavy machinery or clearing activities to
Except as provided in Section make sure that there are no active nests
21.201.060 below, any applicant wishing within the channel area and expanding
to undertake a development (defined in to 300 to 500 feet outside the channel
Section 21.04.107} in the coastal zone area. A blologist will know the
shall obtain a minor coastal requirements if an active nest is found.
development permit or coastal
development permit in accordance with
the provisions of this chapter, in addition
to any other permit required by law.
Development undertaken pursuant to a
minor coastal development permit or
coastal development permit shall
conform to the plans, specifications,
terms and conditions approved in
granting the permit. The procedures
prescribed herein may be used in
conjunction with other procedural
requirements of the decision-making
authority, provided that the minimum
requirements as specified herein are
assured. (Ord. CS-178 § CXXIX, 2012}
2) Property was developed and Remove all structures from the City's
structures constructed and located drainage easement within 3 weeks of
without compliance to Floodplain written notice. If clearing occurs during
Management Regulations. the bird breeding season, typically
January 15 through August 30, a
CMC 21.110.080 Compliance. biologist shall be on site prior to any
(Floodplain Management Regulations} heavy machinery or clearing activities to
make sure that there are no active nests
pg. 2
Compliance
Due Date
07/08/2016
07/08/2016
Notice of Vlolation / Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
No structure or land shall hereafter be within the channel area and expanding
constructed, located, extended, to 300 to 500 feet outside the channel
converted or altered without full area. A biologist will know the
compliance with the terms of this requirements if an active nest is found.
chapter and other applicable
regulations. Violations of the provisions
of this chapter by failure to comply with
any of its requirements (including
violations of conditions and safeguards
established in connection with
conditions) shall constitute a
misdemeanor. Nothing in this chapter
shall prevent the city from taking such
lawful action as is necessary to prevent,
enjoin or remedy any violation. (Ord. NS-
39 § 1, 1988}
3) Illegal improvements on the property Remove all structures from the City's
are in the path of flood-related erosion. drainage easement within 3 weeks of
written notice. If clearing occurs during
CMC 21.110.230 Flood-related erosion-the bird breeding season, typically
prone areas. January 15 through August 30, a
(c) If a proposed improvement is found biologist shall be on site prior to any
to be in the path of flood-related erosion heavy machinery or clearing activities to
or would increase the erosion hazard, make sure that there are no active nests
such improvement shall be relocated or within the channel area and expanding
adequate protective measures shall be to 300 to 500 feet outside the channel
taken to avoid aggravating the existing area. A biologist will know the
erosion hazard. requirements if an active nest is found.
4) Non-stormwater discharges and Remove all solid waste, trash, debris, cut
pollutants are being transferred into the vegetation, structures, and illegal
stormwater conveyance system due to encampments from city's drainage
encampments and trash and debris easement.
generated by those living in the
encampments.
CMC 15.12.050 Prohibited discharges.
The discharge of non-stormwater
discharges to the stormwater
pg.3
07/08/2016
07/08/2016
Notice of Violation/ Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
conveyance system or to any other
conveyance system which discharges
into receiving water is prohibited,
including, but not limited to:
A. Sewage;
I. Discharges of sediment, pet waste,
vegetation clippings, or other landscape
or construction-related wastes; and
J, Discharges of food-related wastes
(e.g., grease, fish processing, and
restaurant kitchen mat and trash bin
wash water, etc.). {Ord. CS-278, 2015;
Ord. NS-880 § 1, 2008}
5} Solid waste is littered throughout the Remove all solid waste, trash, debris, cut
property including, but not limited to: vegetation, structures, and illegal
discarded putrescible and non-encampments from city's drainage
putrescible solid, semisolid, and liquid easement. If corrective action is not
wastes, including refuse, construction accomplished within the designated
and demolition waste, -bulky waste, time period, City will contract the
recyclable materials, and green waste, removal of the solid waste and place a
food waste, or any combination thereof lien on the property (CMC 15.12.lS0F).
which are permitted to be disposed of in
a Class Ill landfill, and which are included
in the definition of "non-hazardous solid
waste" set forth in the California Code of
Regulations. Solid waste does not
include exempt waste.
6} Stormwater conveyance system Remove all solid waste, trash, debris,
located on property is not adequately cut vegetation, structures, motor
protected. vehicles or parts thereof, recreational
vehicles, and illegal encampments from
CMC 15.12.090 Stormwater conveyance city's drainage easement.
system protection.
A. Every person owning property
through which a stormwater conveyance
system passes, and such person's lessee
or tenant, shall keep and maintain that
part of the stormwater conveyance
pg.4
07/08/2016
07/08/2016
Notice of Violation/ Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
system within the property free of trash,
debris, excessive vegetation, and other
obstacles which would pollute,
contaminate or significantly retard the
flow of water through the stormwater
conveyance system.
D. No person shall commit or cause to
be committed any of the following acts,
unless a written permit has first been
obtained from the city and the
appropriate state or federal agencies, if
applicable:
1. Discharge pollutants into or connect
any pipe or channel to the stormwater
conveyance system;
2. Modify the natural flow of water in
a stormwater conveyance system;
3. Carry out developments within 30
feet of the center line of any stormwater
conveyance system or 20 feet of the
edge of a stormwater conveyance
system, whichever is the greater
distance;
4. Deposit in, plant in, or remove any
material from a stormwater conveyance
system including its banks except as
required for necessary maintenance;
5. Construct, alter, enlarge, connect
to, change or remove any structure in a
stormwater conveyance system;
6. Place any loose or unconsolidated
material along the side of or within a
stormwater conveyance system or so
close to the side as to cause a diversion
of the flow, or to cause a probability of
su~h material being carried away by
stormwaters passing through such a
stormwater conveyance system.
The above requirements do not
supersede any requirements set forth by
the California Department of Fish and
pg.5
Notice of Vlolatlo!J / Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
Game Stream Alteration Permit process.
{Ord. NS-880 § 1, 2008)
7) Junk is accumulating throughout the
property.
6.12.030 Accumulation prohibited-
Exceptions.
No person shall accumulate junk:
C. On any parcel of land adjacent to a
lot used for residential purposes, except:
1. As a part of an incident to a lawfully
established and conducted commercial
or industrial enterprise; or
2. When done in strict compliance
with Section 6.12.040.
D. On any lot or parcel that is not in
strict compliance with Chapter 15.12,
Stormwater Management and Discharge
Control. (Ord. NS-625 § 6, 2002; Ord.
5039 § 2)
'
Remove all junk from the property 07/08/2016
including but not limited to: construction
materials, hot tubs, trellis, gazebo,
broken fence materials, tarps, pallets,
plastic containers, clothing, shoes,
irrigation pipe, ice chests, sheds, wood,
metal poles, lattice work, Easy-up/
portable shade structures, furniture, dog
houses, etc., from city's drainage
easement.
The property has been inspected multiples times (1/9/2016, 3/1/2016 & 6/9/2016) and has been determined
to be a public nuisance.
The property (APN #207-101-09) located behind and adjacent to 4814 Kelly Drive is designated as a city
drainage easement. Structures illegally developed and located within this city drainage easement could _be
subject to flooding and must be removed, Debris from encampments and the residents living in these
encampments have the potential to obstruct storm water flows through the downstream culvert, create an
obstruction at Park Drive, which would cause water and solid waste to flow over the street and into the Agua
Hedionda Lagoon. Many invasive plant species have been allowed to naturalize in the channel and have the
potential to impede storm water flows. The conditions listed within this notice must be corrected by July 8,
2016 or the city may begin abatement proceedings. All costs associated with abatement will be billed back
directly to the property owner ..
pg.6
Notice of Violation / Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
Case: CE-16-0883
06/14/2016
Once all corrective actions have been taken as set forth above, the property must remain in full compliance
with all applicable city codes and approved licenses/ permits. The City of Carlsbad looks forward to working
with you ln a cooperative manner. Please contact my office at (760) 434-2906 if you wish to discuss this
matter further.
Sincerely,
Allen Edwards
Zoning Enforcement Officer
(760} 434-2906
pg, 7
Notice of Violation/ Declaration of Public Nuisance
Assessor Parcel No.: 201-101-09-00
case: CE-16-0883
06/14/2016
Public Nuisance
CMC 6.16.020 Determination of nuisance on real property.
Whenever the enforcement officer, as that term is defined in Section 1.10.0l0(A), determines that there exists
on any real property in the city a public nuisance as defined in Section 6.16.010, the enforcement officer may
serve upon the responsible person, as that term is defined in Section 1.10.0lO(A), a notice of violation per
Section 1.10.030 setting forth the nature of the public nuisance. Said notice shall be served in accordance with
Section 1.10.040. (Ord. CS-257 § IV, 2014)
CMC 6.16.030 Right to appeal notice of violation.
The responsible person may appeal the notice of violation of public nuisance within 10 calendar days from the
date of service of the notice of violation by fillng a written request to appeal to the city clerk. Upon receiving a
written request to appeal a notice of violation, the city manager shall follow the same administrative
enforcement hearing procedures for administrative citation set forth in Section 1.10.130. (Ord. CS-257 § V,
2014)
CMC 6-.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
A. In the event such public nuisance is not abated on or before the date described in the notice of violation,
the city manager may authorize and direct the abatement thereof by city agents, employees or by private
contract, and in connection therewith such city agents or employe~s, or such private contractors and their
employees, may enter upon the subject property to abate the nuisance.
B. Notwithstanding any other provision of this code, failure to abate such public nuisance on or before the
date described in the notice of violation, when ordered. to do so in accordance with the provisions of this
chapter, or state law where such state law is applicable, is a misdemeanor. (Ord. CS-257 § VI, 2014)
pg.8
EXHIBIT C
April 6, 2017
Gail A. Stidolph
Care of Maren Hoover
4814 Kelly Drive
Carlsbad, CA 92008
? -C C-✓vl,1·-k,·1~ L.f) I I;_,/ l
Dear Mrs. Stidolph and Ms. Hoover,
{'cicyof
Carlsbad
Attached for your review is a Report of Abatement Cost -Kelly Channel for your property
described as "3.65 Acre M/L in Lot I TR 823" which is adjacent to 4814 Kelly Drive, Carlsbad, CA
92008. On November 8, 2016 City Manager Kevin Crawford signed the Authorization to Abate
and Remove Public Nuisance (see attached) which directed city staff to proceed with abatement
of the public nuisance of the property adjacent to 4814 Kelly Drive. This property is also listed as
Assessor Parcel Number 201-101-09-00 and commonly referred to as "Kelly Channel."
Per Carlsbad Municipal Code Section 6.16, whenever the .city's code enforcement officer
determines that there is a public nuisance on a property they may serve a notice of violation
upon the property owner. In this case you were unable to adequately clear the property at Kelly
Channel of the unpermitted sheds, shade structures, discarded lumber, junk and debris, etc.
within a reasonable period of time. The Housing and Neighborhood Services Department then
contracted with Urban Corps of San Diego County to abate the property. The total cost of the
abatement project was $13,715 (see attached invoice). This final cost was considerably less than
the original quote of $23,975 (see attached quote). By April 17, 2017, if you are unable to
reimburse the City of Carlsbad in the amount of $13,715 the city may collect the cost of
abatement by any means necessary including recording a lien in the county recorder's office.
You may contact me at 760-434-2906 or allen.edwards@carlsbadca.gov if you have any
questions or would like to discuss this matter.
~
All~~
Zoning Enforcement Officer
Attachments:
Carlsbad Municipal Code
Report of Abatement Cost
Authorization to Abate and remove Public Nuisance dated 11/08/16
Urban Corps of San Diego County Invoice ($13,715}
Urban Corps of San Diego County Quote ($23,975)
Community & Economic Development
Housing and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2815 t
Carlsbad Municipal Code Chapter 6.16 Nuisances
Article I Generally
6.16.005 Declaration of purpose.
The council finds thc1t its purpose in adopting this chapter is to establish procedures for the
administrative and summary abatement of public nuisances and code violations. The
procedures established in these sections are in addition to any other legal remedy, criminal or
civil, established by law which may be pursued to address municipal code or applicable state
code violations. (Ord. CS-257 § II, 2014)
6.16.010 Nuisance defined.
The existence of real property, whethe'r· public or private, within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
B. Any condition caused, maintained, or permitted to exist in violation of any provision of
the municipal code or applicable state codes which constitute a public nuisance may be abated
. by the city pursuant to the procedures set forth in this chapter; or
C. Which is maintained so as to 1permit the same to become so defective, unsightly,
dangerous, or in a condition of deterioration or disrepair so that the same will, or may cause
harm to persons, or which will be materially detrimental to property or improvements located
in the immediate vicinity of such real property, constitutes a public nuisance. {Ord. CS-257 § 111,
2014)
6.16.026 Determination of nuisance on real property.
Whenever the enforcement officer, as that term is defined in Section 1.10.0lO{A), determines
that there exists on any real property in the city a public nuisance as defined in-section
6.16.010, the enforcement officer may serve upon the responsible person, as that term is
defined in Section 1.10.0lO{A), a notice of violation per Seqion 1.10.030 setting forth the
nature of the public nuisance. Said notice shall be served in accordance with Section 1.10.040.
(Ord. CS"'.257 § IV, 2014)
6.16.030 Rightto appeal notice of violation.
2
The responsible person may appeal the notice of violation of public nuisance within 10 calendar
days from the date of service of the notice of violation by filing a written request to appeal to
the city clerk. Upon receiving a written request to appeal a notice of violation, the city manager
shall follow the same administrative enforcement hearing procedures for administrative
citation set forth in Section 1.10.130. (Ord. CS-257 § V, 2014)
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
A. In the event such public nuisance is not abated on or before the date described in the
notice of violation, the city manager may authorize and direct the abatement thereof by city
agents, employees or by private contract, and in connection therewith such city agents or
employees, or such private contractors and their employees, may enter upon the subject
property to abate the nuisance.
3
B. Notwithstanding any other provision of this code, failure to abate such public nuisance
on or before the date described in the notice of violation, when ordered to do so in accordance
with the provisions qf this chapter, or state law where such state law is applicable, is a
misdemeanor. (Ord. CS-257 § VI, 2014)
6.16.050 Account of cost of abatement to be kept.
The city manager or designee shall cause to be kept an account of the cost of such abatement
and related administrative costs, and upon completion thereof, the city manager or designee
shall write a report stating the cost thereof. (Ord. CS-257 § Vil, 2014)
6.16.060 Copies of report of abatement cost to be served.
The city manager or designee shall cause a copy or copies of such report mentioned in Section
6.16.050 to be served to the responsible person per Section 1.10.040. (Ord. CS-257 § VIII, 2014)
6.16.070 Determination ofabatement cost.
The responsible person may dispute the abatement cost report within 10 calendar days from
the date of service of the abatement cost report by filing a written dispute to the cost report.
The responsible person shall set forth the basis of the dispute and submit relev,mt
documentation in support of their dispute. The city mani:lger or designee shall consider the
comments and documentation submitted by the responsible person, and shall:
A. Determine the correct abatement cost;
B. If necessary, modify such report to conform to such correct abatement cost;
C. Confirm the report as presented or modified;
D. State the date ofthe abatement order;
E. Determine and state the correct legal description of the subject property, the correct
county assessor's parcel number, the street address and the name and address of the recorded
owner based on the last equalized assess~ent roll or the supplemental roll, whichever is more
current.
The decision of the city manager or designee shall be final. (Ord. CS-257 § IX, 2014)
6.16.080 Abatement cost to be lien against property.
The cost of abatement, as determined, shall be a:
A. Personal obligation of the person creating, causing, committing or maintaining the
nuisance abated;
B. Personal obligation of the property owner of the subject property; and
C. Special assessment against the subject property or a lien against the subject property.
(Ord. CS-257 § X, 2014)
6.16.090 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the city by any or all of the following
or any other lawful means.
A. Recordation in the office of the county recorder of a certified copy of such resolution
confirming such report so as to give notice of the lien:
1. Prior to recordation, a notice of lien shall be served on the owner of record iii the same
manner as a summons in a civil action in accbrd,rnce with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure. If the owner of record after
diligent search cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of 10 days and publication thereof in a
newspaper of general circulation in San Diego County.
4
2. The lien shall be recorded in the county recorder's office and from the date of recording
shall have the force, effect and priority of a judgment lien and may be foreclosed by an action
brought by the city for a money judgment.
3. The city may recover from the property owner any costs incurred regarding the
processing and recording of the lien and providing notice to the property owner as part of its
foreclosure action to enforce the lien.
4. In the event that the lien is discharged or released or satisfied, either through payment
or foreclosure, notice of the discharge containing the amount of the lien, the date of the
abatement order, the street address, legal description, assessor's parcel number, and the name
and address of the recorded owner shall be recorded in the county recorder's office.
B. Civil action by the city.
C. Filing a certified copy of such resolution confirming such report with the auditor of the
county who shall enter the assessment on the county tax roll opposite the subject property.
The amount of the assessment shall be collected at the time and in the manner of ordinary
municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of
foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine
that in lieu of collecting the entire assessment at the time and in the manner of ordinary
municipal taxes, such assessment of $50.00 or more may be made in annual installments in any
event not to exceed five, and collected one installment at a time and in the manner of ordinary
municipal taxes in successive years. If any installment is delinquent, the amount thereofis
subject to the same penalties and procedure for foreclosure and sale provided for ordinary
municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid
balance at the rate of six percent per year.
D. In addition to any other costs of abatement under this chapter, upon the entry of a
second or subsequent civil or criminal judgment within a two~year period in which the owner of
real property is responsible for a condition that may be abated under this chapter, except for
conditions under the State Housing Law (Health and Safety Code Section 17980), a court may
order the property owner to pay triple the costs of the abatement. (Ord. CS-257 § XI, 2014)
(
REQUEST FOR BILLING
Date: 06/06/2017 Department: Hns -Code Enforemen
Dept Contact: Allen Edwards Phone Number: 760-602-2703
Invoice To: Gail A Stidol~h r;;t O Maren Hoover
4814 Kelly Drive
Carlsbad, CA 92008
Bus. Contact: Bus. Phone:
Public nuisance abatement -Kelly Channel
Explanation of Billing: Cleaning -Code Case #CE16-1085
Total Invoice Amount To Be Billed: $13,715.00
Number of Months To Be Billed: B-
Special Payment Te-rms: a
Attachments to be Mailed? ~Yes •.No (Use X for vour selection)
. "\. Kerry Jezisek
Prepared Bv: Extension: 2883
Organization Key: 0012530
Object Code: 5212
Supervjsor / Manager Approval: &rl 1 cJ 0o ?J~A,1:j:(__ (Signature)
j 71 71
{I V
FINANCEDEPARTMENTUSEONL~
Invoice Number: Invoice Date: Invoice Amount:
,·
Account Number: AIR Division:
Items Received By Wednesday Will Be Billed On Friday.
Quick Reference for Researching Payments
1. G.o to COD Reporting
2. Click on Reports _
3. Click on Commonly Used Reports
4. Click on AR Account Balance Detail
5. Enter Start Date
6. Enter Account Number or C*
7. Enter Customer Name or*
8. Click on OK
SEE SECTION "COD INSTRUCTIONS FOR RESEARCHING PAYMENTS" FOR MORE DETAILED INSTRUCTIONS.
r
Authorization to Abate and Remove
Public Nuisance
Case: CE-16-1085
November 8, 2016
TO:
FROM:
CODE ENFORCEMENT OFFICER
CITY MANAGER
Ccicyof
Carlsbad
Per Carlsbad Municipal Code 6.16.040(a), you are hereby authorized and directed to abate and remove
the identified public nuisance by city agents, employees or by private contract, and in connection
therewith such city agents or employees, or such private contractors and their employees, are
authorized to enter upon the subject property at the convenience of the city agents or employees to
abate the nuisance as set forth below and subsequently assess the property owner for the costs of this
abatement (estimated at $30,000) without a public hearing.
The nuisance description and abatement action to be taken by City of Carlsbad or its agents is
described below:
The property described as the 3.65 Acre M/L in LOT I TR 823, adjacent to 4814 Kelly Dr, Carlsbad, CA
92008 has been maintained in a condition which is adverse or detrimental to public peace, health,
safety, the environment, or general welfare due to concerns that debris from the encampments and
the people living in these encampments located throughout the property has the potential to
obstruct storm water flows through the downstream culvert and also create obstructions at Park
Drive which could cause water and solid waste to flow over the street and into the Agua Hedionda
Lagoon. In addition, many invasive plant species have been allowed to naturalize in the channel and
have the potential to impede storm water flows. This public nuisance shall be abated by city agents,
employees or by priv :te contract by: removing all junk, debris, illegal structures and abandoned
~ound o property.
Kevin C
City Manager
Attachment -Notice of Code Enforcement Officer to Property Owner Re: Nuisance Abatement
C: Code Compliance Case File
City Manager 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2821 t
URBAN CORPS
.
....... ·--,
'. • !;
' ;
; :,·: J ... J
SAN DIEGO COUNTY
PLEASE PAY FROM THIS INVOICE
Invoice Date:
Invoice Number:
1/12/2016
16-0372 REVISION
Terms: Due upon receipt
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008-1949
allen.edwards@carlsbadca.gov
PROJECT NAME: ~ KELLY CHANNEL
UCO Project Number: 3315-017
Purchase Order No:
Fees for services rendered:
DATE SUPERVISC RATE CM HOURS RATE
12/7/2016 8 $ 35.00 40 $ 25.00
12/8/2016 8 $ 35.00 40 $ 25.00
12/9/2016 8 $ 35.00 40 $ 25.00
12/12/2016 8 $ 35.00 40 $ 25.00
12/13/2016 8 $ 35.00 40 $ 25.00
12/14/2016 8 $ 35.00 40 $ 25.00
12/15/2016 8 $ 35.00 40 $ 25.00
12/19/2016 8 $ 35.00 40 $ 25.00
FUEL
TOTAL
$
$
$
$
$
$
$
$
$
BINS 6@550.00 $
INVOICE TOTAL NOW DUE:
1,280.00
1,280.00
1,280.00
1,280.00
1,280.00
1,280.00
1,280.00
1,280.00
175.00
3,300.00
$
Please contact the Urban Corps of San Diego County at the number below should
you have any questions. Thank you for your prompt attention.
"Learning, Earning & Consetving"
P.O. BOX 80156,. SAN DIEGO, CALIFORNIA 92138-0156 o (619)_235-6884 • FAX (619)_235-5425
www.urbancorpssd.org
13,715.00
11 ,)
II
'1
I
I ! I !
I'
Ii
Ii
ii ii 1' ,! i! I! lj
Ii
Ii 1\
11 1; Ii
1:
1'
URBAN CORPS
·11111 , .... _, __ t '~· ; .
SAN DIEGO COUNlY
'c~rtified Conservation Corps & Charter School Leaming, Earning and Conserving Since '1989
Contractor: Urban Gorps of San Diego County
Project: Kelly Channel Clean Up
Date: 9.16.16
Estimate Created by: Sam Lopez 562-310-2856
Client: City of Carlsbad Allen Edwards allen.edwards@carlsbadca.gov 760.434.2906
Address: 1200 Carlsbad Villiage Drive Carlsbad CA, 92008-1949
Scope of Work: Urban Corps will provide cleanup of the Kelly Channel property owned by a Carlsbad resident. The 3.65 acre property is
adjacent to El Camino Real and just south of Kelly Drive. The portion of the property (approximately 1 acre) that needs to be cleaned up is a
flood control channel which has become overgrown with native and non-native vegetation. In addition the property owner has constructed
unpermilted sheds and fences in the channel and has accumulated a large amount of lumber and other junk and debris that must be removed
to prevent future flooding adjacent to the channel.
PROJECT DESCRIPTION Hours Days Hrly Rate
Labor per day
Labor -1-supervisor 8 hours regular time (3-weeks) 8 15 $35.00
Labor -5-corpsmembers, 8-hours per day (3-weeks) 40 15 $25.00
Supplies per day Units Days Daily Rate
Fuel fee @ $25.00 per vehicle 1 15 $25.00
40-Yard Disposal Bins (8-Bins) 8 1 $550.00
Equipment per day
Note:
Note:
Total Estimate
3127 Jefferson Street San Diego CA, 92110, P.O. Box 80156 San Diego, CA 92138, (619) 235-6884 {855) SD-CORPS
Urban Corps is a 501 (c} (3} charitable organization, a Section 3 Business, and an Equal Opportunity Employer.
Cost
$4,200.00
$15,000.00
Cost
$375.00
$4,400.00
$23,975.00
Federal Tax ID: 33-0352148. By contracting with the Urban Corps' Environmental SeNices Dept., you are helping to provide paid job training,
education and environmental awareness to thousands of youth ages 18-25 as they strive to create a better life for themselves.
. .
EXHIBIT D
I~ ,
' J. /·
\'
i, I'
RECO.RDING REQUESTED BY
REco1mrl') "-T THE f:EQUEST OFi
SAFf:CU II I LE INSURANC.!; ~ -
AND WHEN RECORDED MAIL TO
0 983 8'7-042415 r-:;,iqrr•J~;;i I O~SAt~ Dl£GO COUNTY~CA. I
1 -7
N•M• Harold & Gail Stidolph 1987 JAN 2 ? AM 8:00
ADD.... 4814 Kelly Drive
cm .. Carlsbad, Ca. 92008 LJVERA L. LVL£u COUNIY RECORDER
&TATEL_ -I
SPACE ABOVE THIS LINE FOR RECORDER'S USE ----
MAIL TAX 8TATl1M&NT9 TO
l>m•111111·11t:11 \ lt.t11-.r1•r l." $, ~;;2• f!Jt:} .
ADDRUi8
CtTY &
STATE L_ _J
P:S, Co111p111rd OIi foll \,illll' or p1np1•1I) ,·rn1\t•~rd. ur D 1:11111p11h-tl 1111 full \,al1w h• ..... 111·11 ... S. t•rw11111lirarH·1•,
1·Pm.1i11i11•! 1lw11·1111 at 1i11II' 11( -.alt·.
,"'i1~11.1lll14• ur 1l1•,·l.m111t ur .11,:1•111 1l1•lt•1111in111µ~{1{EC9f1J,qiju~· .~
L-1
[J ( 11i11rnr,.11ra11•1I ..,., •• , f:ily .. r C,/1-fU..,S ~b O
:· -c.,
Grant Deed
THIS FORM FURNISHED BV SECURITY TITLE INSURANCE COMPANY
;;).o?-/O/-o?
FOR A VALUABLE CONSIDEHATION. receipt of whil'h is hereliy :u·kn1111 le,lgeil,
L. R. Partnership, a limited partnership
hereby GHANT(S) to
Barold Dennis Stidolph and Gail Anne Stidolph,
Husband and Wi.fe as Joint Tenants
ihe following de,l'ribed renl property in 1he City of Carlsbad
county of San Diego , stnle of California:
See Exhibit A
Exhibit A
DESCRIPTION
That portion of Lot "I" of Ranchi Agua 'fedionda, in the City of Carlsbad,
0:nmty of San Diego, State of California, according to Map thereof No. 823
file:! in the Office of the County Recorder of San Diego County, November 16,
1986, describe:! as follo'WS:
Beginning at the Northwesterly corner of C3rlsbai Tract 71. 5 according to Mlp
there:>£ No. 7292 filed in tre Office of tre 0:iunty Recorder of San Diego
County, thy 31, 1972; thence along the Northerly boundary of said Map No. 7292
South 78° 24' 19" East 77.67 feet to an a~le point therein, being also an
angle point in the Easterly boundary of land described in Parcel 1 in deed to
L. R. Partnership, Ltd., recorde:I April 20, 1967 as File No. 54628; thence
North 18° 32 1 12" East 989. 54 feet to Cl:>rner No. 8 of said Lot "I"; thence
oontinuing North 18° 32' 12" Fast, 31,08 feet to a point on tre semi-tangent
of that certain 700. 00 foot radius curve, concave Northeasterly, in the center
line of O:lunty Road Suxvey No. 682 (El Camino Real) accordirg to Plat thereof
on file in the Office of the Cbunty Slrveyor of San Diego County; thence along
said semi-tangent North 41' 59' 43" West 234. 51 feet to the Northerly
prolongation of the Easterly line of laguna Riviera Unit No. 1 according to
Map thereof No. 5871 file:! in the Office of th:! County Recorder of San Diego
Cbun ty, April 21, 196 7; thence along said prol oqg ation and said F.a sterely 1 ine
South 12° 01' 22" West, 1120.93feet to tl-e Point of Beginning.
E:,;:cepting therefrom that portion lying within !Dt -E'' of said Ranch togu.~
Hedionda.
Also eitcepting therefran that portion describe:! i:l Parcel l 68458-A of deed to
ere County of San Diego, recorded August 27, 1970 as File No. 155369, Official
Records.
Ind also excepting all oil, gas and other hyd roca:-::ions lying 500. 00 feet below
tre surface of said lard, but with:iut right of en cry to remove th:! Sllll'le, as
granted to Qirlsbad Bay Properties, Ltd., by deed recorde:l June 10, 1968 as
File No. 963 83.
...
···::o ''" (")
.O;
)
i \· )·
' ,I
ST.HE OF f'AI.IFOHN!h
1:0IINTY cw San Diego
011 December 15 1986
lirforr IOI". tlu• 11111lt>r,il,!lll'1I. :1 Nn1ury l'ulilir in 111111 for -..iii! I '1111111,
111111 S1u11•, ru•n.onnlly ;111111•111 .,.i
Arthur Tony Howard-Jones . .
N11111r ('l')pi•d ur P1111ll•1ll
Nu1ury l'uhlir in uuil for ... ,id l'.011111y 111111 S1.11t·
Tille Onlrr :'\o.
1.-1 (GS l I Rrv !i,57) 8 pl.
... ~~·fr ·
'.'""\' .•• l
984
~-R. Pa~;i..¾"-·-j--··---ME-. -~ /~t-l~---Arthur Tony Hbward-Jones General Pa,,rt;n.e:c .. ____ .. _______ _
FOR NOTARY SEAL OR STAMP
OFJ:ICIAL. SEAL DEB!llELJOHNSOII No1lu> Ptibll#•C<III,
Prf/lC!pal 01Jloo In 011n Diogo County
Mrcaffllllb:ton11XPA3Au;uG121, 11N.
' ,,
-· rn.
C)i
O;'
n-o c:: z\ ' ', ·-4,
-< ...
r-.