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HomeMy WebLinkAboutCC2018-0698; Sahu, Amit K. and Parulben N. Ajmera; 2019-0168143; Notice of Violation/ReleaseRECORDING REQUESTED BY: ( Housing and Neighborhood Services Department ( CITY OF CARLSBAD ( 1200 Carlsbad Village Drive ( Carlsbad, CA 92008 ( ( WHEN RECORDED MAIL TO: ( City Clerk ( CITY OF CARLSBAD ( 1200 Carlsbad Village Drive ( Carlsbad, CA 92008 ( DOC# 2019-0168143 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII May 06, 2019 02:50 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 5 CERTIFICATE OF EXISTENCE OF A PUBLIC NUISANCE Assessor's Parcel Number: 206-192-41-00 Owner of Record: Amit K. Sahu and Parulben N. Ajmera City of Carlsbad Code Case Number: 2018-0698 The City of Carlsbad hereby gives notice that on the real property (the "PROPERTY" hereinafter) described as follows: PARCEL 3 OF PARCEL MAP NO. 10178, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JUNE 27, 1980. Violations as described in Attachment "A" attached hereto and made a part hereof have occurred, in that AMIT K. SAHU AND PARULBEN N. AJMERA, OWNERS of the PROPERTY, have caused and maintained illegalities as described in Attachment "A." There also exists upon the PROPERTY a public nuisance as defined by the Carlsbad Municipal Code and more fully described in Attachment "A." The owner(s) have been notified thereof and ordered to make all necessary corrections as outlined in Attachment "A." Until a Certificate of Compliance is recorded by the City of Carlsbad, all applications for permits of any kind, including but not limited to development permits, grading permits and use permits, as well as major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. In addition, the current owner of the PROPERTY and the Owner's successors-in-interest may be subject to all costs related to curing the violation on the subject property. Dated: :!J jo!P / 11 7 7 Zoning Enforcement Officer City of Carlsbad 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 ~ W ao / 9 before me, Tamara R. McMinn, Notary Public ) (insert name and title of the officer) personally appeared Q_j X Q () [JJc.., )o A,.i) l\ who proved to me on the basis of satisfactory evidence to be the person~whose name~re subscribed to the within instrument and acknowledged to me that hclshelthey executed the same in his/her/their authorized capaci~, and that by his/her/their signatur~ on the instrument the perso~, or the entity upon behalf of which the perso~ 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. {city of Carlsbad September 18, 2018 Amit K. Sahu Parulben N. Ajmera P.O. Box 503928 San Diego, CA 92150-3298 Attachment A Notice of Violation / Declaration of Public Nuisance Case: 2018-0698 Dear Amit Sahu and Parulben Ajmera, This is a Notice of Violation and Declaration of Public Nuisance for the 1.30-acre property on Adams Street in Carlsbad, known by the San Diego County Assessor as Parcel No.: 206-192-41-00, and described as "(EX ST) DOC 91-673541 IN PAR 3 TR 1010178." On August 28, 2018, City of Carlsbad Staff conducted an inspection of the property and observed that a significant portion of the property had been cleared of vegetation which included native coastal sage scrub habitat. Current conditions on the property violate the following provisions of the Carlsbad Municipal Code and must be corrected: Code Text: Carlsbad Municipal Code Chapter 6.16.010 Nuisance defined The existence of real property, whether 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 8. 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 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. Code Text: Carlsbad Municipal Code Chapter 15.16.050 Grading permit required Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit. Violation Description: Your property, which is located directly south of 4584 Adams Street, was recently cleared of vegetation over nearly the entire lot. Maintaining your property in this condition violates Carlsbad Municipal Code section 15.16.050 and is adverse and detrimental to the safety, the environment, or general welfare of the surrounding neighborhood. Furthermore, the current condition of the property creates a dangerous condition to the public in the event of heavy rainfall/runoff. Corrective Action: Secure the property to prevent erosion and sediment discharge off the property to the storm drain system. Any discharge from a rain event may result in additional violations. Please make an appointment with the Carlsbad City Engineer prior to commencing any work to ensure additional violations are not incurred. Code Enforcement staff can assist you in making this appointment. Compliance Date: September 28, 2018 Code Text: Carlsbad Municipal Code 21.201.030 Requirements for Minor Coastal Development Permits and Coastal Development Permits Except as provided in Section 21.201.060 below, any applicant wishing to undertake a development (defined in Section 21.04.107} in the coastal zone shall obtain a minor coastal 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. Code Text: Carlsbad Municipal Code 21.210.070 Minor HMP permit and HMP permit A. A minor HMP permit or HMP permit shall be required for any development project which directly or indirectly impacts natural habitat in accordance with the procedures set forth in this section. 1. A minor HMP permit shall be required, except as specified in subsection A.2 of this section. 2. A HMP permit shall be required if the permit application is processed concurrently with any other permit for which the planning commission or city council is the decision-making authority. Violation Description: Unpermitted clearing of habitat and vegetation in the Coastal Zone. Please be advised that clearing of vegetation is considered grading, which must comply with all standards in title 21, including Coastal Development Permits ("CDP") and Habitat Management Plan ("HMP") permits. Corrective Action: Please make an appointment with the Carlsbad City Engineer to determine an appropriate course of action. Code Enforcement staff can assist you in making this appointment. Compliance Date: September 28, 2018 2 Right to Appeal a Public Nuisance Pursuant to Carlsbad Municipal Code Section 6.16.030 you have ten (10) calendar days within which to appeal this notice to the City Manager. If you-wish to appeal this notice, please file a written request to appeal to the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Upon receiving a written request to appeal this notice, the City Manager shall follow the same administrative enforcement hearing procedures for administrative citation set forth in Carlsbad Municipal Code Section 1.10.130. Also, per Carlsbad Municipal Code Section 6.16.040(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." All costs associated with abatement of the public nuisance on your property will be charged to the property owner(s). The City of Carlsbad looks forward to working with you in a cooperative manner to reach full compliance with all applicable city codes associated with your property. Future or continued violations of the City ordinance may result in but are not limited to: criminal prosecution, civil injunction, administrative abatement, administrative citations, revocation of permits, recordation of the notice of violation, recordation of certificates of noncompliance and withholding of future municipal permits. You may contact me at 760-434-2906 or allen.edwards@carlsbadca.gov with any questions/assistance in making an appointment with the City Engineer. Sincerely, Zoning Enforcement Officer cc: City Engineer City Attorney 3 {_ City of Carlsbad September 18, 2018 Amit K. Sahu Parulben N. Ajmera P.O. Box 503928 San Diego, CA 92150-3298 Attachment A Notice of Violation / Declaration of Public Nuisance Case: 2018-0698 Dear Amit Sahu and Parulben Ajmera, This is a Notice of Violation and Declaration of Public Nuisance for the 1.30-acre property on Adams Street in Carlsbad, known by the San Diego County Assessor as Parcel No.: 206-192-41-00, and described as "(EX ST) DOC 91-673541 IN PAR 3 TR 1010178." On August 28, 2018, City of Carlsbad Staff conducted an inspection of the property and observed that a significant portion of the property had been cleared of vegetation which included native coastal sage scrub habitat. Current conditions on the property violate the following provisions of the Carlsbad Municipal Code and must be corrected: Code Text: Carlsbad Municipal Code Chapter 6.16.010 Nuisance defined The existence of real property, whether 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 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. Code Text: Carlsbad Municipal Code Chapter 15.16.050 Grading permit required Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit.