HomeMy WebLinkAbout2017-07-18; City Council; ; Request to continue the noticed Public Hearing for the Appeal of Notice and Order to Repair Property at 3745 Adams StreetPUBLIC HEARING CONTINUANCE
MEMORANDUM
Office of the City Clerk
City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2820 www.carlsbadca.gov
July 13, 2017
To: Mayor and City Council
From: Sheila Cobian, City Clerk Services Manager
Re: Request to continue the noticed Public Hearing for the Appeal of Notice and
Order to Repair Property at 3745 Adams Street
The appellant, Catherine Bryan has requested that the Appeal of Notice and Order to Repair
Property at 3745 Adams Street Public Hearing, that has been noticed for the July 18, 2017 City
Council Meeting, be continued to the City Council Meeting of August 22, 2017. The full staff
report will be available and published on August 18, 2017.
Attachment: July 13, 2017 Appellant’s request for continuance.
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JUL 1 3 2017
BEFORE THE C:1ry OF CAR
BOARD OF ADMINISTRATIVEAPPEAIJ CITY C'U:RK'S LSBAO 0FF/C£ CITY OF CARLSBAD CALIFORNIA
In the Matter of: CA THERINE
BRYAN'S; APPEAL OF CODE
ENFORCEMENT OFFICER, MIKE
PETERSON'S NOTICE OF ORDER TO
REPAIR; DATED MAY 1, 2017.
APPELLANT'S REQUEST FOR
CONTINUANCE
of administrative hearing scheduled
for JULY 18, 9:00 am.
On May 26, 2017, appellant Catherine.Bryan, filed a request for an administrative
hearing. Originally the hearing was set for 6pm on July 18, 2017. In order to fully support
the issues raised in her administrative appeal, Appellant retained the services of expert
consultants, including a local architect and a forensic structural engineer, experienced in
litigation support. In order to fiuther support the issues raised in her administrative appeal
appellant made two separate timely requests for production of records from City of Carlsbad
on the dates of June 3, 2017, and July 8, 2017 respectively. Subsequently City of Carlsbad
rescheduled the administrative hearing time from, its original time of 6pm, July 18, to 9 am
July 18 2017.
Basis for granting a continuance; (1) none of the requested records have yet been
provided by City of Carlsbad; and (2)Appellant has recently retained counsel, who needs to
review the records requested in order to adequately prepare for the hearing; (3) appellant's
expert witnesses are prepared to testify on Appellant's behalf, but have previous
commitments, that will prevent them from attending the rescheduled hearing time; (4) City
of Carlsbad, has failed to withdraw its mandatory order to demolish Appellant's home in 45
days from the May 1, 2017 Notice Date, and due process requires that a new hearing time
should scheduled to review all applicable records and hear all of the available testimony
Relief Requested; the administrative hearing on Appellant's Appeal, should be
rescheduled to the next regular City of Carlsbad, City Coll11t!tl Meeting.
This Request for Continuance is concurrently being served on (l) The Clerk for the
City of Carlsbad; (2) Celia A, Brewer; Paul Edmonson, City Attorneys (3) Mike Peterson
Building Department Official. ·
Respectfully Submitted,
~18~
Catherine Bryan, Appel:
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