HomeMy WebLinkAbout1989-11-21; City Council; 10380; Appeal of Notice of Violation and Order to Remove 3745 Adams StreetI cm OF CARLSBAD - AGENIX BILL 3" \
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DEPT. HI
APPW OF NOTICE OF VIOLATION AND ORD CITY An
To REMOVE AT 3745 ADAMS STREET CITY MG
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RECOMMENDED ACTION:
That the City Council DENY the appellants request for an APPEAL of the Notice and
Order issued by the Community Development Director.
I EEIvf EXPLANATION
This is a request for an appeal of the requirement to repair and abate several violations of
joint tenant owners of the real property. Mrs. Bryan requests unspecified additional time
to repair and abate the violations. Mrs. Bryan's appeal is based on several reasons which
are more fully disclosed within the attached request for appeal dated August 21, 1989.
the Carlsbad Municipal Code at 3745 Adams Street made by Mrs. Betty Bryan, one of the
Staff has prepared a detailed response to each of the appellants statements. Essentially,
staff believes that the immediate health and safety concerns due to some of the violations
to the property owners and residents, as well as, surrounding neighborhood override the
appellant's requests for an extension of time.
Staff has not put an unreasonable burden, either by time or repairs required, to warrant any
extensions.
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Location Map
Notice of Violation
Offical Notices from San Diego County Health Department
Memo to file of inspection record
Memo to Code Enforcement from Building Inspector
Memorandum from Code Enforcement to Community Development Director dated
October 12, 1989
Request of Appeal
FIRST BAPTIST
ST, PATRICK’S CHURCH & SCHOOL
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city of Carlsbad
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DEL". - . ..-.>. u"~_
b, .. :k.J.- BEFORE THE BOARD OF APPEALS \ryl n, ~~?~,,~ I__r.
OF THE CITY OF CARLSBAD
In Re:
Appeal of
BETTY BRYAN,
1 APPEAL OF NOTICE OF VIOLATION
) AND ORDER TO REMOVE 1 1
) Appellant. ) 1
BETTY BRYAN, for herself alone, respectfully appeals
the Notice of Violation and Order to Remove issued by the
City of Carlsbad, dated AUGUST 21, 1989.
1. APPELLANT'S LEGAL INTEREST: Appellant is a joint tenant
owner of the real property commonly known as 3745 Adams
Street in the City of Carlsbad, County of San Diego, State
of California. Appellant further has a Community Property
interest in and to the real property described herein by
virtue of the marriage to CLARENCE C. BRYAN.
2. STATEMENT OF ORDER PROTESTED: Appellant seeks a
modification of the Notice of Violation and Order to
Remove, a "true and correct copy of which is attached hereto
as Exhibit "A" and incorporated herein by this reference,
as follows:
a. Appellant acknowledges the list of required repairs and
specifically represents that she will undertake to complete
the stated repairs as more fully set forth herein, except
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'Y
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for the following stated items which Appellant denies art
in need of correction:
1) Item 3, p.1: Appellant denies that the basemen,
excavation below the main structure was completed withoui
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permits, and states that said excavation was completed witi
appropriate building department approval at the time 01 1 original construction of the dwelling.
(2) Item 10, p.2: Appellant denies that there is an ope]
well in the sub-floor of the basement and states that therc
is no well being maintained on the subjecl
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11 li ProPertY.Further, Appellant contends that said foundatior
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3. STATEMENT OF RELIEF SOUGHT: Appellant respectfully seeks
the following relief by virtue of this Appeal:
A. As to the matters stated int he Notice of Violation and
Order to Remove (other than those set forth in Paragraph 2
of this Appeal, above) Appellant seeks relief from the
Order to permit Appellant a reasonable period of time in
which to make the specified repairs in a proper manner.
Appellant is current obtaining estimates from licensed
contractors to undertake the necessary repairs and will 4 1 present td this Board at the time of the hearing on this
23 Appeal a schedule of the repairs to be completed,
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B. As to the matters to which Appellant has objected as set
forth in Paragraph 2, above, Appellant asks that these
portions of the Order be set aside upon a finding that
these are not violations of the Carlsbad Municipal Code
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1 and/or San Diego County Codes. Specifically, Appellant
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respectfully asserts that there is no open well maintainec
on the premises, that the foundation has not deterioratec
to the extent necessary to require repair, and/or that thc
basement excavation was constructed in accordance with
appropriate building requirements in effect at the time of
construction of the dwelling.
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4. REASONS FOR RELIEF SOUGHT: Appellant has attempted Over
the past few months to obtain the cooperation of CLARENCE
1o C. BRYAN in making the necessary repairs to the dwelling,
and in discontinuing his conduct which has lead to these
proceedings. However, he has failed and refused to
cooperate with Appellant. Appellant is seeking to take
remedial measures against MR. BRYAN to protect Appellant's
interest in the subject property, including, without
limitation, seeking to have a conservatorship declared over
MR. BRYAN'S estate and/or to seek temporary orders from the
Superior Court preventing further acts of waste with regard
to the subject property. Appellant will present to this
Board with evidence of those proceedings at the time of
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21 hearing herein.
22 Becaus6 of Appellants age, her financial condition, and
23 the lack of cooperation from MR. BRYAN, Appellant is unable
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25 Violation and Order to Remove within the times stated.
26 Appellant fully intends to make all required repairs to
27 save her residence from condemnation, and asks this Board
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I 11 to permit her the opportunity to do so.
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Lastly, Appellant is being assisted by her daughter
KATHERINE TOURUBAROFF in scheduling and coordinating the
required repairs to the approval and satisfaction of this
Board so as to save the only significant asset of thc
estate between my husband and myself.. She is likewisc
. seeking assistance from the Senior Citizen Legal Counsel
and the Carpenters Union in order to make the necessarl
repairs and compel the cooperation of the joint tenant, MR.
BRYAN.
I declare under penalty of perjury that the foregoin<
is true and correct. Executed this 26th day of September,
1989 at Oceanside, California.
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2204 El Camino Real, Ste. 314
Oceanside, CA 92054
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CERTi"ED
August 31, 1389
Clarcncc C. Bqan
3745 Adams Strcct
Carlsbad, CA 92008
' Bctty L Bryan
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3745 ADAMS !TIZEET, APN: 205-270-13
NOTTCE OF VTOLATION
ORDER TO REMOVE
An inspcction of thc abovc rclcrcnccd propcrty and structurcs was performed on August 24, 19S9.
The inspection rcvealcd several violations of the Carlsbad Municipal Code, San Diego County
Codes, rcgarding health, sanitation and safcty, Uniform Housing Code and National Elcctrical Code.
Thc following is 8 list of thc dcrccts found on the propcrty:
1. Rooms in thc main structure utilized as bcdrooms without adcquate light and
2. Ijnthrmrns without ndcquate light and ventilation [UI-TC 504(a)].
3. BuiIding foundation, supporting a two story unrcinforccd adobe construction, 1x1s
bccn undcrmincd by cxcnvation oE a bascmcnt. Thc cxcnvation was done without
propcr approvaI or pcrmit [UHC 1001(c), UBC 302(n)]. ,
4. Above-mcntione? bascmcnt/cxcavation being utilized for human habitation without
adequate light and ventilation VHC 504(a)].
5. Hazardous electricd cnnditions WC lOOl(e)]:
a. Extensive use of extension cords and lamp cord in lieu of permanently
. installed wiring, insidc and outside, to facilitnte main structure as we11 as
additionaI unpcrmitted structures, tent, tent trailer PC lOOl(e)].
vcntilation [UHC 504(a)].
b. LighpfEturcs in bathhhowcr area [NEC 410-4, UHC lOOl(c)].
C. Junction boxcs cx-poscd with poorly made conncctions (taped only) 2nd
overcrowdcd with wiring PHC lWl(e)(i)].
d. Main clcctricd scrvicc ovcr tucd with all the additional wiring and clcctrical
USCS on thc propcrty [UT-IC lOOl(c)].
6. Substandard plumbing as follows [UHC 1001(b)(d)(l)]:
a. Raw scwage lcaking and pooling in two arcas of subfloor [UHC
1). USC of PVC wntcr piping insidc structurc [UT-IC 100l(f)].
C. USC of gardcn hosc water piping insidc structurc [UIIC lCK)l(r)].
d. Gas watcr hcatcr in bascmcnt, unvcntcd with burncr unit covered by
1001(b)(d)(f)(k) and CMC 6.02.010].
sloughing dirt [UT.IC lCQl(b)(T)j.
approved fashion yVRC 1001(d)(k) and ChlC 6.02.0101.
e. Gray watcr, scwagc and cfflucnt bcing dcpositcd 01: thc property not in an
7. Subfloor framing dctcriornting duc to lack of vcntilation and plumbing [cab [UI.TC
1001 (c)]. Ex "p'
-. 1 -Allnllrt-21--1~Sr) -. . - "- -1 .1--+ fl-1;fnt-m;~ ~?3nnO-~~5~ao/~~) 423-7 1 fjl
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August 31, 1989
Pace Two
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SLoragc of a trcmcndous amount or comt>ustiblcs in n poorly wircd structurc VI-IC
1001 (i)(k)].
No smoke alarm WHC lOl(n)].
Opcn well in sublloor of bascmcnt PWC 1001(b)(k) and CMC 6.02.010].
Scvcral shacks, a tcnt, and tent trailer king utilizcd Cor human h:lbitntion [CMC
21.10.010(i)].
1001(b)(d)(T)(k) and CMC 6.02.010).
Kcrosenc powered stoves for cooking in the shacks crcating a fire hazard [UHC
Structures, except main structure (excluding basement excavation), constructec
without proper approval or permits [CMC 18.04.0101.
Large accumula’tion of trash, junk and brush which constitutes a fire hazard anc
rodent harborage [UHC lOOl(i)(k) and CMC 6.08.2801.
Wrcckcd/disablcd motor vchiclc storcd in front yard PIC 1001(k), CMC 10.52.01c
Opcn pit privy (tailct) cmptying sewage and effluent into soils on property [WMC
lOol(i)].
and CMC 21.44.060J.
The BuiIding OCficiaI of the City of Carlsbad has determined that the above-mentioned structure:
nrc substnndord and unfit for human habitation in accordance with UBC 203 and UHC 202. TI](
following actions must bc takcn to correct the aforcmcntioncd dcfccts by the following appointec
data. Thc following corrections must bc complctcd by Scptember 15,1989, and an inspection mus
bc performed by this oflicc within fivc (5) working days oE completion date to verify corrcctionr
1. Repair all scwage lcak in subfloor areas of main structure.
2. Rcmove all scwage and efflucnt from subfloor area.
3. Demolish and rcmovc open pit privy (toiict) structurc and bury scwage and elflucn
bcncath a minimum of one foot OC soils.
4. Disassemble and remove all shacks, bamboo structure, tent and tent trailer
Disconnect and remove any and all utilities to these structures and vehicle. @ @ An open well in subfloor of basement, must be filled and sealed, or approv;
??/” obtained by San Dicgo County Health Departmcnt to maintain it.
ne fohwtng correcdons..tnust bc complctcd by October I, 1989, and an inspection n\ust b
pcrformcd by this office within five (5) working days of completion date to verify corrections.
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Ccase the use of all rooms utilizcd for bedroom without light and ventilation.
Disconncct and rcmovc all cxtcnsion cords and lamp cord insidc and outsidc 11.
structure, and cease any further use oE this type of wiring.
Rcmovc all light fiurcs, outlets and wiring from the bathtub and shower area.
Install n smoke alnrm.
Repair and propcrly install clcctricd conncctions, junction boxcs, outlcts and Sxturc
Rcmove all trash, junk, brush and other debris accumulating on property.
Properly install water heater in accordance with all Codes. A permit will be requirc
for this corrcction.
Thc following corrections must bc completed by November 1, 1989, and an inspection must 1
pcrformcd by this office to verify corrcctions within fivc (5) working days of thc comy?lction dnt
L i rnrorp .. vIPT~I!~ Iipht 2nd vcntilntion to all bathrooms.
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August 31, IN9
Pncc Thrcc
@ Repair building foundation that has bccn dctcriorntcd by lack of vcntilntion and
plumbing Icaks. a Obtain proper approval and pcrmit for basemcnt excavation bclow main structure
on thc south side, or rcstore to originaI condition with approval of the Bujldinl
Dcpartmcnt.
4. Rcmovc all PVC and water hose piping within the structure and replace witl-
nuthorizcd matcrinls.
5. Rcpair or rcplacc all plumhing within thc structurc to corrcct wntcr lcnks ir
plumbing systcm.
Encloscd with this lcttcr is two official notices from the San Diego County Health Senice
rcgarding somc of the aforerncnfioncd dcfccts.
If corrections and demolitions are not corrected within the time specified the Bu;Id;ng 0ff;cid w;:
ordcr thc buildings vacated and postcd to prcvent further occupancy untiI work is completed am
may procccd to cause thc work to hc donc and charge the costs thereof against the proper or it
owncrs.
Thc City may also pursue any and all Icgal cquitablc and adrninistrativc rcmcdies available to gni
compliancc regarding this mattcr if compliance is not reachcd by the appointed timcs.
Any pcnon or pcrsons having any rccord titlc or Icgal infcrcsl in thc buildings may appcnl th;
Notice nnd Ordcr, or nny action ol thc Building Olficiai to L!IC City Council providcd thc nppc;
is made in writing as providcd in thc Uniform Housing Wc, Scction 1201(a) and filcd with th
Building Official within thirty (30) days from the date of the Noticc and Order. Failure to appc: - will constitute a waivcr of a11 rights to an administrative hearing and detcrrnination oE this matte)
Any qucstions rcgarding this Noticc and Order shouId be directed to Michael A Harrington, Cod Enforcement Officer, at 438-1 161.
@%\ Community RTIN ORENYAK Devclopmcnt DI ctor
bj n
C: City Attorncy
.City Managcr
Lt. Don Lewis, Policc
Firc Dcpartmcnt
San Dicgo County I-Tcalth Scrvices
Principal Building Inspector
,Building Pcrmit Filc
P,!rlil(iine Pcrmit Dcpnrtmcnt
’ Code Enforcement Olficc
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CERTIFllED
August 31, 1989
Clarence C. Bryan
Betty L Bryan 3745 Adam Street Carlsbad, CA 92008
3745 ADAMS STREET, APN: 205-270-13
NOTICE OF VIOLATION
ORDER TO REMOVE
An inspection of the above referenced property and structures was performed on August 24, 1989.
The inspection revealed several violations of the Carlsbad Municipal Code, San Diego County
Codes, regarding health, sanitation and safety, Uniform Housing Code and National Electrical Code.
The following is a list of the defects found on the property:
1. Rooms in the main structure utilized as bedrooms without adequate light and
2. Bathrooms without adequate light and ventilation [UHC 504(a)].
ventilation PHC 504(a)].
3, Building foundation, supporting a two story unreinforced adobe construction, has been undermined by excavation of a basement. The excavation was done without
proper approval or permit [UHC 1001(c), UBC 302(a)].
4. Abovementioned basement/excavation being utilized for human habitation without
adequate light and ventilation PHC 504(a)].
5. Hazardous electrical conditions [UHC 1001(e)]:
a. Extensive use of extension cords and lamp cord in lieu of permanently
installed wiring, inside and outside, to facilitate main structure as well as
qdditional unpermitted structures, tent, tent trailer [UHC l00l(e)].
b. ],tight furtures in bathhhower area lrJEC 410-4, UHC lWl(e)].
c. llunction boxes exposed with poorly made connections (taped only) and
d. Main electrical service over taxed with all the additional wiring and electrical
qvercrowded with wiring PC lool(e)(i)].
llses on the property [UHC lOOl(e)].
6. Substandard plumbing as follows [UHC lOOl@)(d)(f)]:
a. ]Raw sewage leaking and pooling in two areas of subfloor PHC
1001@)(d)(f)(k) and CMC 6.02.0101.
b. Use of PVC water piping inside structure (UHC IOOi(f)].
C. Use oE garden hose water piping inside structure [UHC loOl(f)].
d. Gas water heater in basement, unvented with burner unit covered by
e. Gray water, sewage and effluent being deposited on the property not in an
7. Subfloolr framing deteriorating due to lack of ventilation and plumbing leaks [UHC
sloughing dirt [UHC lOol(b)(f)].
gpproved fashion [UHC 1001(d)(k) and CMC 6.02.0101.
l~l(c)ll-
-!as 2 (Drive- Carlsbad, California 92009-4859*(619) 438-1 161
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August 31,1989
Pave 'Ttvo
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Storage of a tremendous amount of combustibles in a poorly wired structure PC
1001 (i)(k)]. No smoke alarm [UHC lWl(n)]. open well in subfloor of basement WC lWl@)(k) and CMC 6.02.010].
Several shacks, a tent, and tent trailer being utilized for human habitation [CMC
21.10.010(i)]. Open pit privy (toilet) emptying sewage and effluent into soils on property [UHC
1001(b)(d)(f)(k) and CMC 6.02.010].
Kerosene powered stoves for cooking in the shacks creating a fire hazard [UHC
lOOl(i)].
Structures, except main structure (excluding basement excavation), constructed
without proper approval or permits [CMC 18.04.0101.
Large accumulation of trash, junk and brush which constitutes a fire hazard and
rodent harborage FHC lOOl(i)(k) and CMC 6.08.2801,
Wreckddisabled motor vehicle stored in front yard [UHC 1001(k), CMC 10.52.010
and CMC 21.44.0601.
The Building Official (of the City of Carlsbad has determined that the above-mentioned structures
arc substandard and unfit for human habitation in accordance with UBC 203 and UHC 202. The
following actions must. be taken to correct the aforementioned dcfects by the following appointed
dates. The following carrections must be completed by September 15, 1989, and an inspection must
be performed by this office within five (5) working days of completion date to veri4 corrections.
1. Repair all sewage leaks in subfloor areas oE main structure.
2. Remove all sewage and effluent from subfloor area.
3. Demolish and remove open pit privy (toilet) structure and bury sewage and eFfluen
beneatih a minimum of one foot of soils.
4. Disassemble and remove all shacks, bamboo structure, tent and tent trailer
Discoonat and remove any and all utilities to these structures and vehicle.
5. An open well in subfloor of basement, must be filled and sealed, or approva
obtain4 by San Diego County Health Department to maintain it. I
The following correqtions must be completed by October 1, 1989, and an inspection must bc
performed by this oqce within five (5) working days of completion date to verify corrections.
1. Cease the use of all rooms utilized for bedroom without light and ventilation.
2, DWpnect and remove all extension cords and lamp cord inside and outside th
3. Remave all light fwures, outlets and wiring from the bathtub and shower area.
4. Install a smoke alarm.
5. Repair and properly install electrical connections, junction boxes, outlets and furture
6. Remsve all trash, junk, brush and other debris accumulating on property.
7. Promrly install water heater in accordance with all Codes. A permit will be require
structyre, and cease any further use of this type of wiring.
for this correction. .
The following corrqtions must be completed by November 1, 1989, and an inspection must t
performed by this office to verify corrections within five (5) working days oE the completion dat
1. - Ensure adequate light and ventilation to all bathrooms.
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August 31, I989
Page Three
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Repair building foundation that has been deteriorated by lack of ventilation and
plumbirllg leaks.
Obtain proper approval and permit for basement excavation below main structure,
on the south side, or restore to original condition with approval of the Building
Department.
Remow all PVC and water hose piping within the structure and replace with
au thoripxi materials.
Repair or replace all plumbing within the structure to correct water leaks in
plumbing system.
Enclosed with this letter is two official notices from the San Diego County Health Services
regarding some of the aforementioned defects.
If corrections and demolitions are not corrected within the time specified the Building Official will
order the buildings vacated and posted to prevent further occupancy until work is completed and
may proceed to cause the work to be done and charge the costs thereof against the proper or its
owners.
The City may also pursue any and all legal equitable and administrative remedies available to gain
compliance regarding this matter if compliance is not reached by the appointed times.
" Any person or persons having any record title or legal interest in the buildings may appeal this
Notice and Order, or any action of the Building Official, to the City Council provided the appeal
is made in writing as provided in the Uniform Housing Code, Section 1201(a) and filed with the
Building Official within thirty (30) days from the date of the Notice and Order. Failure to appeal
. will constitute a waiver of all rights to an administrative hearing and determination of this matter.
Any questions regarding this Notice and Order should be directed to Michael A. Harrington, Code
Enforcement Officer, at 438-1161.
&%\ Community Developrpent DI tor
bjn
C: City Attorney City Manager
Lt. Don Lew@, Police
Fire Departrnpnt
San Diego Qunty Health SeMces
Principal Builfling Inspector
Code Enforcqment OEfice
Building Pernit File
Building Permit Department
I e 0 * ..
EST. I: Sinqlc
amlntg of j&nt pi2p Dwell:
DATE: 8,/10/1
J. WILLIAM COX. M.D., Ph.D
(610) 236-2237
DIRECTOR DEPARTMENT OF HEALTH SERVICES REINSPECT ON oi
1700 PACIFIC HIGHWAY, SAN OIEGO, CALIFORNIA e2101-2417 I
STEVEN A. ESCOBOZA
ASSISTANT OIRECTOR
(61 9) 236-7633
ENVIRONMENTAL HEALTH SERVICES
P.O. BOX 85261 OFFICIAL NOTICE Page 1 of -
SAN DIEGO, CA 92138-5261
(619) 338-2222
NAME: Clarence C. Bryan Owner of Record
ADDRESS: 3745 Adams Street CITY: Pay1 shad ZIP: 92
You are hereby notified that an inspection of your Dwellin?
Ff rst Last Owner, Permittee, Agent, Tenant
3745 u Street parlchad (unincorporated was made on 8/24/
by Tamec: Cnhrec. of the County of San Diego Department of Health Services. The f
Address of Violation ci ty Da t
Specialist
described condition(s) is/are in violation of &1 i f0rn-i ,z, Hpa1 +h & =fe+y c~dp- spp+1 n~
17920.3, Paraqraph 14.
Pub1 ic Health Laws
and shall be corrected within 15
erved the faJJow1na vlplat1on.s of tht
State Housinu Law, section 17920.3, paraqraph 14, in that raw sewage wi
CP of thp nr- - was
under the house. Within the time stated above, repair the damaged sew'
connections and remove all soiled toilet paper and fecal matter off thc
around. All plurnbina repairs are to be done by a State licensed plumb:
contractor.
It was also observed that a pit privy was being used for sewaqe disposi
- Dronertv. The mt Drivv shall be removed and tl
hole filled with clean dirt. Further, a washing machine was observed
discharuina urev water (washina machine wash water) on the qround. Th.
washing machine must be connected to an approved sewage disposal systel
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removed from the property.
Received By: Maifed Special 1st:
Owner, Manager, Agent, Tenant 7 40-2877
DHS:EHS-424 (5/89)
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ASSESSOR'S PARCEL i '. &n~xtig of $&~n ?'&go , &d 270 A
J, WlLLlAM COX, MSDv Ph.0
OIRECTOR
(6191 236-2237 DEPARTMENT -OF HEALTH SERVICES C.T*: 176 I o
1700 PACIFIC HIGHWAY. SAN DIEGO. CALIFORNIA 82101-24'17 DATE: q- 3 6 e g(
ENVIRONMENTAL HEALTH SERVICES c I~SPECT ON OR ABOU (619) 236-2243 OFFICIAL NOTICE ';
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NAME: ca.~nCe c. my AhP OuYu2G$, 4 &coTeD tirst Last Owner, Permittee, Agent, enant
ADDRESS:. 3745 ADky\/\S st - City c4els lh4.D 92
You are hereby notified that an inspection of your WELL located at ;37+s &),&)'V5 -
ci tY WIG &A ($incorporated) was m L d e or; v- ta&
by &w\ of the County of San Diego Department of Health Servic
The following described condition(s) is/are in violation of San Diego County Code, Sec 67.431 and shall. be corrected within - 10 d ays :
1. There is a well on your property which appears to be abandoned and not in use.
a. To comply, within 10 days this well shall be properly backfilled and sealed L 'permit and inspection of the San Diego Department of Health S.ervices by a 1 icensec bonded C57 well driller or contractor in accordance with the provision of the Cont tor's License Law. The we1 1 shall be destroyed in accordance with Water We1 1 : dards, State of California, Chapter 11, Part 11, Section 23. If the well is to bc back into use at a later date, it must be sealed and protected and maintained as 1 ows :
"Water Well Standards, State of California, Chapter 11, Part 11, Sclction 21:
1. The well shall be maintained so that it wi1"l have no defects which will f( itate the impairment of quality of water in the well or it1 the water be, formations penetrated. 2. The well is covered with an appropriate locked cap. 3. The well is marked so that it can be clearly seen. 4. The area surrounding the well is kept clear of brush or de5ris.I'
In addition, the owner shal.1 declare in writing, to the Deputy Director of Env mental Health Services, his/her intention to use the well again for supplying watt other associated purposes (such as an observation well or an injection well) ant ceives approval of such declaration from the Deputy Director. A11 such ldfclara shall be renewed annually and at such time be resubmitted to the -Deputy Directol approval .
RECEIVED 8Y: &)E9 SANITARIAN: Owner, Manager, Agent, Tenant
DHS : EHS-473 (5/88) (IF MORE SPACE IS NEEDED, USE THE REVERSE
0 e
TO: FILE
FROM: CODE ENFORCEMENT OFFICER
3745 ADAMS STREEX, APN 205-270-13
INSPECTION RECORD
An inspection of the structures and property at the above referenced address was performed by
Police, Fire, Building, and Code Enforcement persons from the City of Carlsbad and a Health
Sanitarian from San Diego County on August 24, 1989.
The inspection revealed the following defects:
Main Structure ~ousc]
1. Bedrooms without light and ventilation, UHC 1205(a)
2. Bathrooms without light and ventilation, UBC 1205(a)
3. Building foundations, supporting two story unreinforced adobe construction, has been
undermined by excavation of a basement.
4. Above-mentioned basement is being utilized for human habitation without light and
ventilation.
5. Extcnsive use of extcnsion cords and lamp cord in licu of pcrmancntly installcd
wiring, inside and outside, to facilitate acccssory structurc as wcll as main structurc.
6. Light fEtures in bath and shower, NEC 410-4
7. Junction boxes exposed with poorly made connections (taped only) and overcrowding.
8. Substandard plumbing system:
a. Raw sewage leaking and pooling in subfloor (two areas),
c. Use of garden hose water piping in structure,
d. Gas water heater in basement, which was converted to sleeping rooms,
b. Use of PVC water piping in structure,
unvented with burner unit covered by sIoughing dirt.
9. Subfloor framing deteriorating due to lack of ventilation and plumbing Icaks.
10. Unreinforccd adobe construction (original) on sccond floor walls.
11. Storage of a tremendous amount of combustiblcs in a poorly wired structure.
12. Open well in subfloor area.
Bremiscs
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Several shacks, tent, tent trailcr, and temporary structures utilized for human
habitation. I
ElectricaI cord (extension) supplying power to outlying structures and tent trailcr.
Open air toilet emptying sewage into ground.
Gray water and effluent on ground from washing machine, baths, sink, and cooking
water. Kerosene powcred stoves for cooking in bamboo structure, a fire hazard.
Evidence of several persons utilizing shacks, tent, tent trailer on a regular basis to
camphive.
Accumulation of trash, brush and other combustibles in pilc, a fire hazard and rodcnt
harborage.
House being maintained to close to dwclling on propcrty as wcll as adjaccnt dwclling.
Wrccked vehicle stored in front yard.
Structures, except main house, not constructcd undcr permit.
.,
e
AUGUST 24, 1989
e
TO: CODE ENFORCEMENT OFFICER
FROM: BUILDING INSPECTOR I1
INSPE~ON AT 3741 ADAMS smuxr
Thc following is a list of thc significant Code violations I notcd during our inspection this mornir
They include but are not limitcd to:
1.
2.
3.
4.
5.
6.
7.
8.
9,
10.
11.
Bedrooms without light and ventilation - UBC 1205(a).
Bathrooms without light and ventilation - UBC 1205(a).
Building foundation, supporting two story unrcinforccd adobc construction, has bc
undermined by excavation of a basement.
Aforementioned bascmcnt used as habitablc space without light or ventilation.
Extensive use of extcnsion cords, inside and outsidc, to hilitate acccssory structur
(hovels, trailer, shacks).
Extensive use of lamp cord in lieu of permanently installed wiring.
Light fuctures in bath/shower in violation of NEC 410-4.
Junction boxcs exposed with poorly made conncclions (tapcd only) and ovcrcrowdi Substandard plumbing system;
A. Raw seweragc leaking and pooling in subfloor,
13. Us of PVC watcr piping in structurc,
C. Us of gardcn hose watcr piping in structurc,
D. Gas water heater in basement converted to sleeping rooms - unvcnted w
burner unit covered by sloughing dirt.
Subfloor framing dctcriorating duc to lack of vcntilation and plumbing Icnks.
Unrcinforccd adobc construction (original) on sccond floor walls.
There are, no doubt, other violations which remain undiscovcrcd due to thc quantity of junk st01
throughout the structure. I cannot see any reason this building should be allowcd as habitable
its present condition. The storage of a tremendous amount of combustiblcs in such a poorly wi
structure is an invitation for fire and with the floor plan such a mazc of intcrconncctcd rooms,
inhabitants wouldn’t stand a chance of escape.
---=” PAT KELLEY
I bjn
e 0
L
OCTOBER 12, 1989
TO: COMMUNITY DEVELOPMENT DIRECTOR
FROM Code Enforcement Officer
RESPONSE To MRS. BETIY BRYAN'S APPEAL REQUEST
I have reviewed the request for appeal by Mrs. Betty Bryan dated August 21, 1989. It is my
opinion that we recommend denial of the request based on the following:
1. Item 1 of Appeal - The excavation of the area where the water heater is located, under the
southwest side of the main structure, has dirt walls which are sloughing in. There exists no means of retaining the earth and, therefore, is not up to any acceptable Code standard.
2. Item 2 of Appeal - Both the Code Enforcement Officer and San Diego County Health
Sanitarian assumed that the brick lined, wood covered, hole with pump and water at the
bottom was a well of sorts. Mrs. Bryan has claimed this is a sump mechanism to control
water levels in the basement area. It will be up to the San Diego County Health
Department to determine this as acceptable or not.
However, the buildings foundation mentioned in the appeal in this paragraph, has been
determined by the Building Inspector, Pat Kelley, to be deteriorating. The joist system in
the area of the sewage leak in the north side is affected by the moisture and lack of
ventilation. In the area excavated near the water heater, the foundation is exposed and the
dirt walls are sloughing causing deterioration to the foundation system.
3. Staff does not feel that the abatement dates assigned in the Notice of Violation Order to
Remove are unreasonable. The health and safety violations requiring correction within
fifteen days of the date of notice is a normal policy. The fact that none of the items have
been corrected, to our knowledge as of yet, twenty-five days after the required date of
correction, leads staff to believe that no intent to make correction in a timely manner exists.
The necessity to repair the sewage leaks and remove the existing pools of sewage below the
structure is a health and safety matter which not only affects the owners and residents of
3745 Adams Street, but the surrounding persons and properties also.
The demolition of an open pit privy and the requirement to bury the sewage under at least
one foot of earth is also a health and safety matter which affects adjacent properties, as well
as one which is a school.
The removal of the substandard structures, shacks of bamboo utilized for human habitation,
and all utilities connected to these structures are a requirement because of the fire and
health and safety violations. Open cooking fires and the discharge of grey water in these
shacks results in adding to the hazard beyond the substandard construction, and
* * a
1
accumulation of trash and brush.
Both the City of Carlsbad and the San Diego Health Department requested similar
corrections to be made by the 15th day. This is not an unreasonable time frame.
The remainder of the corrections required in the Notice of Violation were to be
could be corrected easily by the owner. The others will require work by a knowledgeable
person to conform with the applicable codes. It is evident that the lack of maintenance
regarding the plumbing and electrical f"urtures have lead to many of the existing problems
on the property. Improper occupancy in some of the areas can be abated immediately by
ceasing to utilize these areas.
accomplished within thirty to slxty days from the date of the notice. Some of these items
Due to the lack of a reasonable estimation of time for compliance and the probability that
several months may be required for legal action to gain conservatorship and/or a restraining
order to allow for corrections to be made with or without Mr. Bryan's cooperation, this
office does not support any extension for the correction required by September 15, 1989,
already several days overdue. This office also recommends no extension past an additional
30 days should be given past the final November 1, 1989 date for abatement.
Due to several complaints received by this office regarding this property from the surrounding
neighborhood and the history of failure to comply to requests, as well as, Notice and Order in a
timely manner in the past. This office recommends denial of the request for appeal of the Notice
and Order issued by the Community Development Director. This office also recommends that if
the property owners fail to comply with the Notice and Order, that the City Council consider taking
action to declare the property a public nuisance in accordance with Carlsbad Municipal Code 6.16,
copy attached. c
MICHAEL A. HARRINGTON
MAI3bjn
.- e 0
NOTICE OF PUBLIC HEAEUNG
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
November 21 , 1989, to consider an appeal of a Notice of Violation and Order to Remove
hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Tuesday,
at 3745 Adams Street.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
If you have any questions please call the Building Department at 438-1161.
If you challenge the Notice of Violation and Order to Remove in court, you may be limited to
raising only those issues you or someone else raised at the public hearing descriied in this notice,
or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
APPELLANT : MRS. BETTY BRYAN
PUBLISH. November 10, 1989
CITY OF CARLSBAD CITY COUNCIL
5005.Maynard Street
r 0 ryI'L6L .I.. "all VVLUGL
1175 Magnolia Street
Dam or rulzaoern benau: @ 1149 Magnolia Avenue
San Diego, CA 92122 Carlsbad, CA 92008 Carlsbad, CA 92008
*
First Baptist Church
of Carlsbad 3789 Pi0 Pic0 Drive Carlsbad, CA 92008
Diocese of San Diego
Educational & Welfare Corp.
3801 Adams Street
Carlsbad, CA 92008
Julian & Anastacia Serna
3710 Adams Street
Carlsbad, CA 92008
James & Ruth Herman
3720 Adams Street
Carlsbad, CA 92008
Katsuyoshi & Isako Fujimoto
3709 Grecourt Way
Carlsbad, CA 92008
Anita H. Donahue
3719 Grecourt way
Carlsbad, CA 92008
Brian & Edith Smith
3729 Grecourt way
Carlsbad, CA 92008
Robert & Phyllis Setser
3739 G recourt way
Carlsbad, CA 92008
Robert & Lisa Fischer
1209 Magnolia Avenue
Carlsbad, CA 92008
Virginia Stees
1207 Magnolia Avenue
Carlsbad, CA 92008
Richard G. Punsly
1230 Magnolia Avenue
Carlsbad, CA 92008
Victor & Maria Fische:
3630 Adams Street
Carlsbad, CA 92008
James & Dianne Bobbitt
3730 Adams Street
Carlsbad, CA 92008
Ted & Violet Gustafson
3758 Adams Street
Carlsbad, CA 92008
Kathleen Shirley
1199 Magnolia Street
Carlsbad, CA 92008
Thomas W. Miller
1201 Magnolia Avenue
Carlsbad, CA 92008
Elmer & Hildur Keturi
3764 Adams Street
Carlsbad, CA 92008
Gene & Betty Masterson
1165 Magnolia Street
Carlsbad, CA 92008
Richard & Marcia Darling
3749 Grecourt Way
Carlsbad, CA 92008
Hugh & Deborah Foley
3759 Grecourt Way
Carlsbad, CA 92008
Raymond & Billie Neff
3790 Adams Street
Carlsbad, CA 92008
Stephan & Joanna Tichenko
3802 Adams Street
Carlsbad, CA 92008
H.W. & Donna Standard
3808 Adams Street
Carlsbad, CA 92008
Sam & Elizabeth Gendusa
1149 Magnolia Avenue
Carlsbad, CA 92008
Douglas & Susan Jacob
1196 Magnolia Avenue
Carlsbad, CA 92008
James R. Swab
3640 Adams Street
Carlsbad, CA 92008
Lou M. Dufner
1184 Magnolia Street
Carlsbad, CA 92008
Robert 6r Katherine Wil
1144 Magnolia Avenue
Carlsbad, CA 92008
Lee & Ione Harris
3676 Adams Street
Carlsbad, CA 92008
Robert & Jan Beyrouty
3684 Adams Street
Carlsbad, CA 92008
wte* Bobby & Beverly Petersen
r 22 '1145 Larkspur Lane
Oceans' , 2054 314 Carlsbad, CA 92008
*
William L. Conti, Esg. Robert & Rita Sullivan
2204 El Camino Real, Ste. 314 1135 Larkspur Lane
Oceanside, CA 92054 Carlsbad, CA 92008
Betty Bryan John & Nancy Hook
2204 El Camino Real, Ste. 314 1125 Larkspur Lane
Oceanside, cA 92054 Carlsbad, CA 92008
'Joseph Sandy
1205 Magnolia Ave.
Carlsbad, CA 92008
Paul & Betty Lampe
3840 Adams Street
Carlsbad, CA 92008
John & Rosalie Miller Phyllis Kennedy
1136 Larkspur Lane 3860 Adams Street
Carlsbad, CA 92008 Carlsbad, CA 92008
Shelley K. Sinclair
1166 Larkspur Lane
Carlsbad, CA 92008
Alonzo & Katy Cowling
3810 Adams Street
Calrsbad, CA 92008
Carl A. Schmidt
3880 Adams Street
Carlsbad, CA 92008
John & Charlene Moore
3810 Adair Way
Carlsbad, CA 92008
Yvonne M, Caveney
1126 Larkspur Lane
Carlsbad, CA 92008 P.O.
$oman Catholic Bishop
OM
Diego
Celia F. Crowe
1146 Larkspur Lane San Diego
Carlsbad, CA 92008
Roman Catholic Bishop of
3821 Adams Street
Carlsbad, CA 92008
Jerry & Judy Stettler George & Irene Fick
1156 Larkspur Lane 3781 Adams Street
Carlsbad, CA 92008 Carlsbad, CA 92008
Marie C, Horton Clarence & Betty Bryan
1176 Larkspur Lane 3745 Adams Street
Carlsbad, CA 92008 Carlsbad, CA 92008
m uau CI dauc uavruuLa
1045 Magnolia Avenue
Carlsbad, CA 92008
William & Barbara Tucl
1055 Magnolia Street
Carlsbad, CA 92008
Andrew & Robin Whitem;
1065 Magnolia Avenue
Carlsbad, CA 92008
Mildred Schiffert
1075 Magnolia Avenue
Carlsbad, CA 92008
Barbara A. Avery
1085 Mangolia Avenue
Carlsbad, CA 92008
John & Pitho Merzanis
1095 Magnolia Avenue
Carlsbad, CA 92008
Christopher & Candace
3725 Adams Street
Carlsbad, CA 92008
Teng-Shu & Yueh-Ju Li
1021 Magnolia Avenue
Carlsbad, CA 92008
Forest F. Fisher
5890 Pi0 Pic0 Drive
Carlsbad, CA 92008
Forest F. Fisher
3890 Pic0 Pic0 Drive
Carlbad, CA 92008
Forest F, Fisher
C/O Chevron USA Inc.
P.O. Box 7611
San Francisco, CA 94
.-J -"J
3$92 Adams Street 9
Carlsbad, CA 92008
6.
Cinnamon Apartment Partnership
C/O James F. Wever
580 Beech Ave., Ste. A
Carlsbad, CA 92008
Nellie Bertino
Joseph Bertino Jr.
3655 Adams Street
Carlsbad, CA 92008
Rajenda & Mayuri Pujarra
3666 Pi0 Pic0 Avenue
Carlsbad, CA 92008
Roland & Frances Mercer
1016 Magnolia Avenue
Carlsbad, CA 92008
David & Deborah Jones
1030 Magnolia Avenue
Carlsbad, CA 92008
Harry & Adrienne Christman
1040 Magnolia Avenue
Carlsbad, CA 92008
R. Bertino
Joseph Bertino Jr.
3655 Adams Street
Carlsbad, CA 92008
Esther S. Gastelum
1098 Magnolia Avenue
Carlsbad, CA 92008
Theodore & Edith Rhodes
3640 Pi0 Pic0 Drive
Carlsbad, CA 92008
e
,. 9 '. 0,
(Form 'A)
s a '.
..
TO: CITY CLERK'S OFFICE
\
..
FROM: BUILDING DEPARTMENT ..
..
,. . .
RE: PUBLIC H.EARING REQUEST
Attached are the materials necessary for you to notice
the Appeal of Notice of Violation and Order to Remove
for a public hearing before the City Council.
Please notice the item for the council meeting of +I. q /fff .
Thank you.
10/19/89
Date
::.-- v Carlsbad Journal e
Decreed A Legol Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024
(61 9) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which.
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the notice
hereinafter referred to; and that the notice of
which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
' NOTICE OF PUBLIC HEARING November 10 89 .. ................................. ' NOTICE IS HEREBY GIVEN that ,
4 the City Council ofthe City ofCarls-
1 bad will hold a public hearing at :
Avenue, Carlsbad. California, at , the Council Chambers, 1200 Elm
I 6:OOP.M. onTuesday, NovemberZl, ' 19.. ' 1989, to consider an appeal of a
19..
................................. ..
." ~ ., Notice of Violation and Order to , -. " Remove at 3745 Adams Street. Those persons wishing to speak ' on this proposal are cordially in- ................................. 19.. ..
: If YOU have any questions please i vited to attend the public hearing,
4381181. call the Building Department at ,
Violation and Order to Remove in Court. YOU may be limited to raising only those issues you or someone - 'else raised at the. public hearing described in this notice, or in writ- ..
' ten correspondence delivered to the City of Carlsbad at or prior to the public hearing. Appellant: Mrs. Betty Bryan CITY OF CARLSBAD CITY COUNCIL U 5967: November 10,1989 I certify under penalty of perjury that the foregoing is true and
If YOU challenge the Notice of ................................. 19.. ..
................................. 19..
__~ __ correct. Executed at Carlsbad, County of San Diego, State of
California on the 10th
day of -1989 /I I I
-
#202-2M-12/07