HomeMy WebLinkAbout2001-04-17; City Council; Resolution 2001-1201
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RESOLUTION NO. 2001-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL OF THE
MONTERREY-GAGE HOMEOWNER’S ASSOCIATION TO THE
BUILDING OFFICIAL’S DETERMINATION OF A VIOLATION OF
CARLSBAD MUNICIPAL CODE SECTION 18.04.015 AT 3080
LINCOLN STREET, CARLSBAD, AND AUTHORIZING THE
BUILDING OFFICIAL OR HIS DESIGNEE TO FILE A
CERTIFICATE OF NONCOMPLIANCE ON EACH TITLE OF THE
PROPERTY WITH THE COUNTY RECORDER’S OFFICE.
WHEREAS, the property located at 3080 Lincoln Street consists of
approximately thirty condominium units.
WHEREAS, the buildings, built around 1965, are two story masonry-wood
framed structures with some open parking located beneath the dwelling units; and
WHEREAS, in early 1997, and under contract with the Monterey-Gage
Homeowners Association (the Association), Sylvester Roofing of Escondido, California
(Contractor) re-roofed the structures without first obtaining a required building permit
and mandatory inspections; and
WHEREAS, the Contractor obtained a building permit after the work had been
completed and stated on the application that lightweight roof tile was used for the re-
roof when in fact standard weight tile was used.
WHEREAS, the Contractor did not respond constructively or conclusively to City
requests for a complete engineering analysis, was cited and found guilty of an infraction
citation of the Carlsbad Municipal Code (CMC); and
WHEREAS, as part of the permit application the Association provided the City
with an engineering analysis of the re-roof; and;
WHEREAS, plan check corrections issued by the City’s contract plan check
consultant were never constructively responded to, and the building permits obtained
by the Contractor have expired.
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WHEREAS, no further conclusive action has been taken on the roof in terms of
permits and inspections by either the Contractor or the Association; and
I WHEREAS, when the Building Official determines that CMC Chapter 18.4 has
been violated, he may file with the County Recorder a Certificate of Noncompliance
pursuant to CMC section 18.04.315.
WHEREAS, On February 9, 2000 and February 21, 2001 notice was provided,
by certified mail, to all owners or persons in control of the property located at 3080
Lincoln Street of the determination of noncompliance; and
WHEREAS, On February 13, 2001, Association counsel filed a timely appeal of
the Building Official’s determination of noncompliance; and
WHEREAS, the City Council has heard testimony and considered evidence in
this matter.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations and true and correct.
2. That the appeal of the Monterrey-Gage Homeowner’s Association to the
Building Official’s determination of a violation of Carlsbad Municipal Code section
18.04.015 is denied in that the re-roof of the structures located at 3080 Lincoln Street,
Carlsbad was completed without the benefit of required final City permits and
inspections.
3. That the Building Official or his designee is authorized to file, with the County
Recorder’s Office, a Certificate of Noncompliance on each property title at 3080 Lincoln
Street if the required permits are not secured and final inspection acquired by the date
indicated on the February 9,200O and February 21,200l notice.
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PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad
City Council on the 17th day of April 2001, by the following
’ vote to wit:
AYES: Council Members Kulchin, Finnila, Nygaard and Hall.
NOES: None-
ABSENT: Council Member Lewis
Mayor Pro Tern
ATTEST:
(SEAL)
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