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HomeMy WebLinkAbout; Kevin Hand; 2024-0201229; Release (Miscellaneous)RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad Attn: Code Enforcement 1635 Faraday Ave. Carlsbad, CA 92008 DOC# 2024-0201229 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jul 31, 2024 11 :49 AM OFFICIAL RECORDS XJRDAN Z MARKS, SAN DIECm COUNTY RECORDER FEES $65 00 (SB2 Atkins. $0.00) PCOR. N/A PAGES 18 (Space above for recorder's use) CODE COMPLIANCE AGREEMENT AND RELEASE Code Enforcement Case Number: CC 2015-0934 Property Owner: Kevin Hand Address: 2408 La Costa, Carlsbad, CA APN: 216-160-03-00 Legal Description: LOT 3 OF LA COSTA-SOUTH, UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER, JUNE 3, 1968 THIS CODE COMPLIANCE AGREEMENT AND RELEASE and all addendums (collectively referred to as the "Agreement"), effective as of the date executed, by and between property owner Kevin Hand and any of his authorized agent(s) (collectively referred to as "PROPERTY OWNER") and CITY OF CARLSBAD ("CITY") and sometimes collectively herein referred to as "PARTIES," is made with reference to the following facts. The purpose of this Agreement is to establish and memorialize building permit-related deadlines and additional deadlines related to subsequent permits and work to be performed on the PROPERTY to ensure the PROPERTY is fully rehabilitated or demolished in a timely manner to correct outstanding code violations. RECITALS 1. PROPERTY OWNER is the legal owner of 2408 La Costa, Carlsbad, in the County of San Diego, California, which is residentially-zoned property assigned Assessor Parcel Number 216-160-03-00 (the "PROPERTY"). 1 PROCEDURAL HISTORY 2. This Agreement arises out of significant unpermitted construction on the PROPERTY, including unpermitted structural, mechanical, electrical, and plumbing work or systems on the PROPERTY that was discovered by CITY in 2015. 3. On or about October 21, 2015, CITY ordered the PROPERTY vacated and secured and "red-tagged" the structure due to hazardous conditions. 4. On or about October 22, 2015, CITY'S Building Official issued a notice of violation to the previous property owner, the Andre Williams Family Trust (Exhibit 1), in violation ofthen-existing Carlsbad Municipal Code ("CMC") Section 6.16.0l0(C) (now Section 6.16.010). The notice of violation cited the violations described in Paragraph 2 of this Agreement, as well as the following additional public nuisance conditions on the PROPERTY: The dwelling unit is in a dilapidated condition, with deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections and heating apparatus had [sic] been determined by the Building Official to be a fire hazard. The premise is also hazardous and unsanitary due to accumulation of junk, debris, garbage, rat harborages, combustible materials, and similar materials or conditions found both inside and outside the dwelling unit. In addition, occupancy standards are exceeded due to illegally constructed bedrooms. 5. The notice of violation was issued under the authority of CMC Chapter 6.16 and the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), which the CMC adopts by reference. The notice of violation provided 10 calendar days to abate the nuisance by obtaining the required permits to correct the stated violations, among other actions stated in the notice. The notice also ordered that the PROPERTY be vacated until all work to correct the violations set forth in the notice were corrected and all permits were finalized and approved by the city's Building Department and Code Compliance Division, pursuant to the CMC, the UCADB, and the determination that the PROPERTY was a dangerous building due to significant unpermitted construction negatively impacting the home's structural integrity (see Certificate of Dangerous Building, Exhibit 2). 6. On or about October 29, 2015, the Andre Williams Family Trust requested an extension of the 10-day compliance period set forth in the October 22, 2015, notice of violation. CITY granted a 45-day extension provided in a letter dated October 30, 2015. CITY'S inspection of the PROPERTY on December 8, 2015, determined that the public nuisance had not been adequately abated by the extended deadline of December 6, 2015. Therefore, CITY issued another public nuisance notice of 2 violation (Exhibit 3) to PROPERTY OWNER dated December 9, 2015, reiterating that the PROPERTY had been declared a dangerous building and must remain vacated. 7. On or about September 5, 2022, Ben Williams, a representative of the Andre Williams Family Trust, sent a letter to CITY requesting access to the PROPERTY to "maintain it" and "begin the process of restoring it." Ben Williams further expressed an intention to "(1) clean the property (2) perform additional soils analysis and (3) perform structural analysis to determine the extent of plans and permits." 8. On September 22, 2022, CITY'S Building Official sent Ben Williams a letter, again extending the deadline for abatement of the public nuisance conditions on the PROPERTY for a period of 120 days, until January 20, 2023, pursuant to Section 702 of the UCABD. The Extension Letter also stated that the PROPERTY could be accessed by licensed contractors to complete the repair, rehabilitation, or demolition of the PROPERTY by the January 20, 2023, deadline. 9. On April 6, 2023, CITY issued a building permit to the Andre Williams Family Trust for demolition work to be done on certain interior walls of the PROPERTY, in an effort to bring that portion of the PROPERTY in compliance with all applicable codes. This building permit expired April 8, 2024. INTENTIONS 10. City Council for CITY has determined that the enforcement of the Carlsbad Municipal Code and applicable state codes throughout the City of Carlsbad is an important public service and is vital to the protection ofthe public's health, safety, and quality of life. 11. City Council for CITY has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with applicable local and state codes. 12. By entering into this Agreement, PROPERTY OWNER and CITY desire to resolve the issues presented in code enforcement case number 2015-0934, specifically performing all work necessary to rehabilitate/demolish the PROPERTY and abate the public nuisance conditions on the PROPERTY. PROPERTY OWNER has voluntarily agreed to comply with the terms of this Agreement and all future compliance deadlines, some of which are as of yet undetermined, and which will be included by addendum(s) to this Agreement upon issuance of the required permits. 3 13. PROPERTY OWNER has further agreed to execute this Agreement to provide assurances to CITY that PROPERTY OWNER will remain in compliance with all applicable codes and land use permit conditions from the date of any corrective action(s) and compliance deadline(s) and forward for as long as PROPERTY OWNER retains ownership of said PROPERTY, and shall consent to the imposition of any remedy authorized by the Carlsbad Municipal Code, and with the understanding that CITY will conduct ongoing inspections to ensure compliance as determined appropriate by CITY. 14. This Agreement is being entered into after arms-length negotiations between the PARTIES, in absolute good faith and in a spirit of settlement and compromise. It is based upon the information and facts learned in the course of enforcement efforts, investigation, uncertainty of litigation, costs of litigation and the desire of the PARTIES to reasonably settle code enforcement case number 2015-0934, as between themselves, on the terms and conditions set forth in this Agreement. All of the negotiations and correspondence between the PARTIES related to the negotiation of this Agreement shall be deemed to be settlement negotiations and subject to Evidence Code section 1152. MUTUAL AGREEMENT 15. PROPERTY OWNER shall: A. No later than 30 calendar days from the date of execution of this Agreement, provide CITY with a structural engineer's report stating that the PROPERTY can be rehabilitated. B. No later than 60 calendar days from the date of execution of this Agreement, submit a demolition or rehabilitation permit application to CITY. C. No later than 60 calendar days from the date of execution of this Agreement, submit a permit application for any new construction on the PROPERTY. D. No later than 180 calendar days from the issuance date of the last permit issued by CITY, complete all rehabilitation, new construction and/or demolition work in a timely manner, and finalize the permit. "Finalized" or "finaled" means a city building inspector has conducted a final inspection and approved all work. An inspection request must be made at least 24 hours before final permit inspection. 4 16. PROPERTY OWNER understands that permits or approvals may be required by CITY to authorize a particular land use or activity of any building, structure, or land as specified in Title 21 of the CMC. All land uses, activities, buildings, and structures shall be established, conducted, built or maintained in compliance with the provisions of any permit or approval granted by CITY and the regulations of the applicable zone as established by CITY'S Zoning Map. 17. The PARTIES agree to execute an addendum to this Agreement that sets forth deadlines for finaling all other permits that may be required to fully rehabilitate the PROPERTY and abate all nuisance conditions. 18. Further, PROPERTY OWNER agrees to continue to maintain: A. The PROPERTY secured at all times to prevent unauthorized entry while the PROPERTY is unoccupied and no work is occurring at the PROPERTY. B. All exterior areas of the PROPERTY free of overgrown vegetation, weeds, and dry brush by irrigation and mowing of yards. C. The PROPERTY free of trash, debris, and any improperly stored items. D. The PROPERTY free of pests and show proof of pest elimination plans and/or maintenance records if requested by CITY. 19. CITY agrees to refrain from further enforcement of the outstanding code enforcement case number 2015-0934 against PROPERTY OWNER throughout the duration of this Agreement, so long as PROPERTY OWNER meets all conditions and deadlines in the Mutual Agreement to CITY'S satisfaction. 20. Continuing Compliance. PROPERTY OWNER voluntarily agrees to take all corrective actions within the compliance period(s) set forth herein and will remain in compliance with all applicable city and state codes, land use permits, and any other applicable laws for as long as said PROPERTY is owned by PROPERTY OWNER. The granting of a permit or approval under the authority of the Carlsbad Municipal Code or state law shall not relieve the PROPERTY OWNER or authorized agent from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by the permit or approval. PROPERTY OWNER understands that any violation ofthis Agreement or of any applicable laws may result in the imposition of any remedy authorized by any applicable law, including but not limited to: A Notice and Order to Repair from the 5 Building Official, administrative citations, administrative abatement, revocation of permits, recordation of notices of enforcement action, recordation of certificates of noncompliance and withholding of future municipal permits, a stop worker order or stop use order, a civil injunction, or criminal prosecution. 21. Compliance Inspections. PROPERTY OWNER agrees to allow CITY to conduct noticed inspections of the PROPERTY during the performance of any corrective work and following completion of said work to determine if PROPERTY OWNER has taken all required corrective action(s) set forth in this Agreement and remains in compliance after such corrective action is taken. If CITY determines that the terms of this Agreement are not met, CITY may, without issuing a notice of violation, impose any remedy authorized by the CMC or other applicable law. 22. Integrated Agreement. This Agreement constitutes the entire Agreement between the PARTIES and no modification shall be binding unless reduced to a written addendum and signed by the PARTIES. 23. Duration of Agreement. This Agreement shall remain in effect from the date of execution for as long as PROPERTY OWNER owns said PROPERTY and shall terminate when the code enforcement case is closed (per Paragraph 24), or upon sale of the PROPERTY to an alternate property owner, whichever event comes first. 24. Closure of Code Enforcement Case. Code enforcement case number 2015-0934 will be closed after a final inspection and report by CITY staff confirming that all cited violations (including but not limited to nuisance conditions) have been corrected as required by all applicable codes and regulations. Upon closure of the code enforcement case, CITY will waive and release any and all claims, damages, and fines against PROPERTY OWNER pertaining to the code enforcement case. 25. Recording of Agreement. CITY reserves the right to record this Agreement against the PROPERTY, which will run with the land, on notice to any and all future owner(s) or interested parties of the PROPERTY. PROPERTY OWNER agrees to sign any document necessary for recording. 26. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addressed set forth below: 6 TO THE CITY OF CARLSBAD: City of Carlsbad Code Enforcement Division Attn: Robbie Hickerson 1635 Faraday Ave. Carlsbad, CA 92008 TO THE PROPERTY OWNER/ AGENT: Kevin Hand 1618 Buttercup Road Encinitas, CA 92024-2449 Any party may change the address to which notices are to be sent by notifying the other party of the new address in the manner set forth above. RELEASE PROVISIONS 27. Representations of Parties. The PARTIES each represent and warrant that they have freely considered, reviewed, and negotiated the terms of this Agreement, have had the opportunity to investigate and discuss it with her/their legal advisors or have been given the opportunity to retain an attorney and investigate and discuss the terms of this Agreement with said attorney, and that all have signed it voluntarily. By voluntarily signing this Agreement, the PARTIES represent and warrant that they have relied on their own judgment and any independent legal advice they may have sought and not upon any recommendations or representations of the other or from any opposing attorneys or third parties. By voluntarily signing this Agreement, the PARTIES each confirm that they understand and accept the terms of this Agreement as resolving all claims known and unknown they have or might have had against the other. The PARTIES represent and warrant that they have the full right, capacity, and authority to enter into and perform this Agreement. Such representations and warranties shall survive full execution and performance under this Agreement. 28. Reservation of Rights. Nothing herein shall release PROPERTY OWNER, or any person or entity that is not a party to this Agreement, from any obligation, liability or responsibility they had or have to remediate the PROPERTY. Nothing herein shall be deemed a release or waiver of the CITY to identify and order the abatement of any unlawful conditions on the PROPERTY not referenced in this Agreement or any underlying notices. 7 29. Representations and Warranties Re: Claims. Both PARTIES represent and warrant, for the benefit of each of the other PARTIES, that they are the owners of the claims which are the subject of this Agreement and that such claims have not been assigned, transferred or hypothecated, whether voluntarily or involuntarily, by subrogation, operation of law or otherwise, to any other person or entity. Such representations and warranties shall survive full execution of and performance under this Agreement. 30. Hold Harmless. PROPERTY OWNER will indemnify and hold harmless (without limit as to amount) CITY and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including reasonable attorneys' fees and costs) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to PROPERTY OWNER'S actions or defaults pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 31. Attorneys' Fees. The PARTIES agree to bear their own attorneys' fees and costs associated with the Agreement. 32. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provisions, which shall remain in full force and effect. 33. Execution by the Parties. This Agreement may be executed by the PARTIES in one or more counterparts, and may be executed on copies, each of which shall be deemed an original, and all of which together constitute one and the same instrument. 34. Electronic Record. The PARTIES may convert this Agreement into an electronic record. The PARTIES consent to and recognize the validity, enforceability and admissibility of such record, which shall have the same force and effect as the original Agreement. 8 IN WITNESS WHEREOF, the PARTIES have executed this Agreement as of the dates set forth below. Dated: ____ c'-#-L_:s:'-'/ __ _,,2024 APPROVED AS TO FORM: Dated:_(o_~/_5 __ ~,2024 ,. Kevin Hand PR TY OWNER Building Official City of Carlsbad ~ Code Enforcement Manager City of Carlsbad Marissa A. Kawecki, Deputy City Attorney for City of Carlsbad 9 IN WITNESS WHEREOF, the PARTIES have executed this Agreement as of the dates set forth below. Dated: / , 2024 --7-'--------' Dated: 7 /30 I 2024 Dated: µ"d I 2024 APPROVED AS TO FORM: Dated: __ 7....,,./ ___ ~, 2024 Kevin Hand 7 PROPERTY OWNER Building Official City of Carlsbad ~ Robbie Hickerson Code Enforcement Manager City of Carlsbad Marissa A. ~wecki, Deputy City Attorney for City of Carlsbad 9 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 June 5, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _K_e_v_i_n_H_a_n_d ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signatu~{,,-t ~ (Seal) 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 July 30, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _S_h_a_w_n_H_u_ff ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature ~~~ (Seal) ········~ AM!ER JAl'i Moury Public • Cattfor~,a : San Diego Col:nty ! Commission , 2466B j e y Comm. Expires 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 July 30, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared Robbie Hickerson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature l~Jalt~ ············1 • ,._..BER JAl'I J a•. Notary Publtc • CJlif.orriia 11 ! .. San Oleta County !: ~ . Commission, 2466836 • . ~ My Comm. Expires Oct 17, 202 7 (Seal) October 22, 2015 Andre Williams Family Trust PO Box 235403 San Diego, CA 92153 Dear Property Owner: Notice of Violation Public Nuisance Case: CE-15-0934 EXHIBIT 1 Ccicyof Carlsbad The property located at 2408 La Costa Avenue, Carlsbad, CA 92009 (Assessor Parcel No. 216-160- 03-00) has been Inspected by the City's enforcement officer (as set forth below) and determined to be maintained In a condition which is adverse or detrimental to public peace, health, safety, the environment, or general welfare due to the significant unpermitted construction performed that has negatively impacted the home's structural integrity. The dwelling unit is In a dilapidated condition, with deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections and heating apparatus has been determined by the Building Official to be a fire hazard. The premise is also hazardous and unsanitary due to accumulation of Junk, debris, garbage, rat harborages, combustible materials, and similar materials or conditions found both Inside and outside the dwelling unit. In addition, occupancy standards are exceeded due to Illegally constructed bedrooms. Per Carlsbad Municipal Code 6.16.0l0(c), any property 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. The City's Enforcement Officer has determined that your property located at 2408 La Costa Avenue is a public nuisance for the reasons noted above. This nuisance must be abated within ten (10) calendar days of the date of this notice by taking the following actions: Obtain rehab/ demo and building permits necessary to correct all Illegal construction existing on the property. Eliminate all hazardous and unsanitary conditions at the property including structures that are unsafe, Insanitary, or deficient because of Inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that Involve Illegal or improper occupancy or inadequate maintenance, deemed to present an unsafe condition. Please abate the public nuisance no later than November 2, 2015. The property must be subsequently maintained in a clean, safe condition, and In full compliance with all applicable city codes to satisfy this abatement order. Community & Economic Development Building Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2700 t A. WIiiiams October 22, 2015 Page 2 The property shall not be rented, leased or occupied until all work to correct violations noted in this Notice of Violation Public Nuisance are completed, all required permits finalized and approved by the Building Department and Code Compliance Division. Per Chapter 2 of the 1997 Uniform Code for the Abatement of Dangerous Buildings and Carlsbad Municipal Code 6.16.030, please note that you have ten (10) calendar days within which to appeal this Notice of Violation to the City Manager. If you wish to appeal this decision, please file a written request to appeal to the City Clerk within no more than ten (10) calendar days from the date of this notice. If you do not appeal this notice, this notice to abate the public nuisance set forth above shall be your final notice. In the event this public nuisance is not abated on or before the date set forth above, per Carlsbad Municipal Code 6.16.040(a), 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 your property to abate the nuisance as set forth above and subsequently assess you for the costs of this abatement for reimbursement to the City without a public hearing. Please contact my office at 760-602-2716 if you wish to discuss this matter further. Thank you in advance for your cooperation and immediate compliance and abatement of the noted public nuisance. Will Foss Building Manager C: Code Compliance Case File City Attorney City Manager RECORDING REQUESTED BY: Building Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 EXHIBIT2 DOC# 2016-0034172 1111111111111111111111111m1111111011111111111111111111111111111 Jan 26, 2016 03:48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 2 Space above this llne for Recorder's Use CERTIFICATE OF EXISTENCE OF DANGEROUS BUILDING Assessor's Parcel Number: 216-160-03-00 Property Address: 2408 La Costa Avenue, Carlsbad, CA 92009 Owner of Record: Andre WIiiiams Family Trust Date: January 26, 2016 Pursuant to Section 402 of the 1997 Uniform Code for Abatement of Dangerous Buildings, the City of Carlsbad gives notice, as a public record, that the above Identified real property within the City of Carlsbad, more speclflcally described as: 2408 LA COSTA AVENUE, CARLSBAD, CA 92009 Was Inspected and determined to be a dangerous bulldlng on October 22, 2015 due to significant unpermitted construction negatively Impacting the home's structural integrity. The home is In a dilapidated condition, with deterioration, damage, inadequate exists, lack of sufficient fire-resistive construction, faulty electrical wiring, and gas connections and heating apparatus determined to be a fire hazard. The owner has been notified thereof, and this notice shall remain on record until the property Is In compliance with the code sections related to the violation cited. 7 WIii Foss, Building Official, City of Carlsbad December 91 2015 Andre Williams Family Trust PO Box 235403 San Diego, CA 92153 Dear Property Owner: Notice of Violation Public Nuisance Case: CE-15-0934 EXHIBIT 3 ('city of Carlsbad The property located at 2408 La Costa Avenue, Carlsbad, CA 92009 (Assessor Parcel No. 216-160- 03-00) was inspected by the city1s enforcement officer on October 21, 2015 and determined to be a public nuisance under Carlsbad Municipal Code 6.16.0lO(c). In the Notice of Violation dated October 221 2015, you were given until November 2, 2015, to abate the public nuisance. At your request1 you were given an extension until December 61 2015 to abate the nuisance by • taking the following actions: Obtain rehab / demo and building permits necessary to correct all Illegal construction existing on the property. Eliminate all hazardous and unsanitary conditions at the property including structures that are unsafe, insanitary, or deficient because of inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve Illegal or improper occupancy or inadequate maintenance, deemed to present an unsafe condition. This extension was granted with the understanding that the property owner will have the property inspected by contractors with the appropriate expertise and develop detailed plans which outline the specific demolition and/or rehabilitation work needed for 2408 La Costa Avenue1 Carlsbad, to come into full compliance with city codes and regulations, and proceed with abatement. The city's enforcement officer visited the property on December 8, 2015, and determined that the public nuisance has not been abated. In addition to failing to submit the required plans for demolition and/or rehabilitation by December 61 there are still inoperable cars, junk, debris, and garbage on the property as stated in the Notice of Violation. While it appears that some level of property clean-up and inoperable vehicle removal did occur at the property during the abatement period the attempted clean-up activities did not correct the existing code violations. If you do not submit the required plans for demolition and/or rehabilitation to the city1s building official by end of day (5:00 PM) Friday, December 111 20151 then the city will proceed with further enforcement action. Community & Economic Development Building Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2700t A. WIiiiams December 9, 2015 Page 2 The city provided access to the property, at your request, on thirteen different occasions. Providing continued access to the home is a burden on police department resources. Because the city must be a good steward of public resources and because the building is declared a dangerous building no further access to the interior of the property will be granted. Please contact my office at 760-434-2935 if you wish to discuss this matter further. Thank you in advance for your cooperation and immediate compliance and abatement of the noted public nuisance. Director of Housing and Neighborhood Services C: Code Compliance Case File Real Estate Commis.sioner, State of California Martha Chapman HSBC Bank USA, National Association, as Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-ARS Northwest Trustee Services, Inc.