HomeMy WebLinkAbout2017-08-22; City Council; Resolution 2017-169RESOLUTION NO. 2017-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL OF CATHERINE BRYAN OF THE NOTICE
AND ORDER TO REPAIR THE PROPERTY AT 3745 ADAMS STREET AND
UPHOLDING THE NOTICE AND ORDER TO REPAIR.
WHEREAS, the City Council of the City of Carlsbad, California is acting as the board of appeals
under the 1997 Uniform Housing Code (UHC) pursuant to Section 203 of the UHC and Sections 113 and
1.8.8.1 of the 2016 California Building Code; and
WHEREAS, following an inspection on March 29, 2017, the city's Building Official issued a Notice
and Order to Repair the property at 3745 Adams Street to Catherine Bryan on May 1, 2017, setting
forth a number of violations of the UHC and Carlsbad Municipal Code and determining that
substandard housing conditions exist, and that the building on the property is dangerous and a per se
public nuisance; and
WHEREAS, Catherine Bryan filed a timely appeal of the Notice and Order to Repair on May 26,
2017;and
WHEREAS, on July 13, 2017, Catherine Bryan requested a continuance of the appeal hearing
originally scheduled for July 18, 2017, which the city rescheduled for August 22, 2017; and
WHEREAS, the City Council held an appeal hearing on August 22, 2017, in which it heard
testimony and considered evidence in this matter; and
WHEREAS, the appellant has not demonstrated that the violations set forth in the Notice and
Order to Repair are not present.
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. That the appeal of Catherine Bryan of the Notice and Order to Repair the property at
3745 Adams Street is denied.
3. That the Notice and Order to Repair the property at 3745 Adams Street is upheld.
"NOTICE TO APPELLANT"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the 90th day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a request for the record is filed with a
deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time
within which such petition may be filed in court is extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed to the party, or the party's attorney
of record, if the party has one. A written request for the preparation of the record of the proceedings
shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of August, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, M. Packard
NOES: C. Schumacher
ABSENT: None.
(SEAL)