HomeMy WebLinkAboutCC2024-074; 2921 Roosevelt Ltd California Business; 2024-0238601; Notice of Violation/ReleaseRECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad,CA 92008
DOC# 2024-0238601
111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111
Sep 05, 2024 11 :35 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
September 4, 2024
NOTICE AND ORDER TO REPAIR SUBSTANDARD BUILDING
AND ABATE PUBLIC NUISANCE
THIS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024
VIA REGULAR, CERTIFIED MAIL AND POSTING
2921 ROOSEVELT LTD CALIFORNIABUSINESS
C/O Samuel Kelsall
2921 Roosevelt St.
Carlsbad, CA 92008-2335
Legal Description: LOTS 19 & 20 BLK 34 TR 775, according to the map thereof No. 3613,
filed in the office of the County Recorder of San Diego County August 14, 2006.
LEGAL NOTICE AND ORDER of the Building Official of the City of Carlsbad regarding:
PROPERTY: 2921 Roosevelt St., Carlsbad, California 92008
APN: 203-292-10-00
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You are hereby notified that based on numerous inspections conducted by representatives of the
City of Carlsbad Code Enforcement Department beginning on August 23, 2024 and continuing
through September 3, 2024, which evidence I have independently reviewed, the building at the
above location continues to be substandard and constitute a public nuisance pursuant to the 1997
Uniform Housing Code (UHC), Chapter 10, section 1001, and the California Health and Safety
Code (HSC) sections 17920.3, 17980, and 17980.6. The conditions of the property are so
extensive and of such a nature that the building endangers the life, limb, health, property, safety,
or welfare of residents or the public.
Additionally, the excessive accumulation of waste at the property, including but not limited to
household items, trash, junk, and debris constitute a public nuisance as defined by Carlsbad
Municipal Code (CMC) sections 6.08.100, 6.16.010, 6.16.015(1), and HSC section 17920.3(c).
The aforementioned conditions are detailed below and in the attached notice of violation dated
August 23, 2024. On the basis of the August 23, 2024 inspection and the persistent nature of
many of these violations as determined through numerous prior inspections of the property and
multiple prior code cases concerning the property, I hereby find, determine and declare the
building on this property to be dangerous and a per se public nuisance. I also find that, pursuant
to HSC section 17980(a), it is necessary to provide the property owner less than 30 days (as
outlined more fully herein) to abate certain nuisance conditions and violations on the property to
prevent or remedy an immediate threat to the health and safety of the public or occupants of the
structure.
SUMMARY
The building on the subject property is a residential structure used for commercial purposes with
several shed/storage structures in the rear of the property. The property is located within the V-B
zone. No permitted improvements on record. (There is a panel upgrade noted in permits on file.)
The building on this property has shed/storage structures, some of which are unsecured and are
being inhabited. These shed/storage structures do not have heating service, and are not intended
for habitation which makes the building substandard and uninhabitable. There are numerous
bulky items stored at the rear exterior of the property, including but not limited to large video
game machines, a metal tank, dilapidated vending machine, poles, piles of wood along the wall,
green padding, tarped area, trash and debris that are located in the rear of the property and are
placed anywhere other than in an approved solid waste container on site. CMC Section 6.08.100.
an accumulation of waste, trash and debris. The shed/storage structures designed for storage are
being used for dwelling, as evidenced by a mattress and cooking implements located on the
interior of a shed/storage unit. There are hot plates and a toaster oven being used to cook as well
as lighters and candles. The shed structure is unsecure making the property an attractive
nuisance, by evidence of a missing skylight on the roof of one shed/storage structure and a
damaged door lock and hasp on this same shed/storage structure . Due to the condition of the
shed structure, the property creates a fire hazard for the occupants of the property, the
surrounding commercial properties, and the general public.
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There are numerous bulky items stored at the rear exterior of the property, including but not
limited to large video game machines, a metal tank, dilapidated vending machine, poles, piles of
wood along the wall, green padding, tarped area, trash and debris that are located in the rear of
the property and are placed anywhere other than in an approved solid waste container on site.
Additionally, the front porch entry area of the main structure is in disrepair to include but not
limited to collapsed railings.
VIOLATIONS FOUND DURING INSPECTION
Health and Safety Code Violations: There are numerous violations which exist at the property
that make it substandard and a public nuisance pursuant to the HSC. Specifically, HSC section
17920.3 provides that:
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms,
or the premises on which the same is located, in which there exists any of the following
listed conditions to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building ...
The conditions which exist at the property in violation of the corresponding subsections of HSC
section 17920.3 are listed below. Violations of the Carlsbad Municipal Code (CMC) and other
state laws are listed where applicable:
• Substandard Building-Inadequate Sanitation: General dilapidation or improper
maintenance.-Front porch entry area is in disrepair to include but not limited to the
railings and wood flooring making it unsafe to stand on. HSC section 17920.3(a)(14)
• Substandard Building -Any nuisance. One of the rear shed/storage structures is
unsecure making the property an attractive nuisance to trespassers by evidence of a
missing skylight on a shed roof as well as a door lock and hasp damaged leaving the
building unsecured. HSC section 17920.3(C)
• Substandard Building -Fire Hazard-Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in a shed/storage structure. HSC section
17920.3(H)
• Inadequate sanitation -Buildings designed for storage are being used for dwelling and
cooking purposes. 17920.3(N).
• Inadequate sanitation -Public Nuisances & Property Maintenance: Specific conditions
constituting a public nuisance. One of the sheds/storage structures is unsecure making the
property an attractive nuisance by evidence of a missing skylight on a shed roof as well
as a door lock and hasp damaged leaving the building unsecured. There are hot plates and
a toaster oven that are being used to cook as well as lighters and candles being used in the
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space. The shed structures are designed for storage purposes and are being used for
dwelling and cooking purposes. The front porch entry area is in disrepair to include but
not limited to the railings and wood flooring making it unsafe to stand on.
• Hazardous or insanitary premises -Substandard Buildings -Improper Occupancy:
The shed structures are designed for storage purposes and are being used for dwelling and
cooking purposes. 1997 Uniform Housing Code, Chapter 10, section 1001.14.
• Substandard Buildings -Inadequate Sanitation / General dilapidation. -The front
porch entry area on the commercial structure is in disrepair to include but not limited to
the railings and wood flooring making it unsafe to stand on. 1997 Uniform Housing
Code, Chapter 10, 1001.2.13.
• Substandard Buildings -Fire Hazard. -Hot plates and a toaster oven are being used to
cook as well as lighters and candles being used in the space. 1997 Uniform Housing
Code, Chapter 10, 1001.9.
• Nuisance -All of the aforementioned violations, taken together, constitute a nuisance as
they collectively put the property in a condition which is adverse or detrimental to public
health, safety and general welfare. The collective violations also demonstrate that the
property is maintained in a manner to become so defective, unsightly, dangerous, and in a
condition of deterioration and disrepair to cause or potentially case harm to persons.
CMC sections 6.16.010 and 6.16.015(1)
• Unlawful placement of solid waste.
Solid waste, bulky items such as video game machines, metal tank, dilapidated vending
machine, poles, piles of wood along the wall, green padding, tarped area, trash, and
debris are located in the rear of the property and are placed anywhere other than in an
approved solid waste container on site. CMC Section 6.08.100.
As the owner of the property, you are hereby ordered to ensure the shed/storage structures
remain vacated. You must also repair the violations existing at the property and abate the public
nuisance conditions pursuant to this Notice and Order.
ORDER TO REP AIR
You are hereby ordered to correct all violations by completing the following:
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Within 24 hours from the date of this Notice and Order, you must remove all fire hazards to
include but not limited to the hot plates and toaster oven being used to cook and the lighters and
candles.
Within 5 calendar days from the date of this Notice and Order, board and secure the skylight
and repair the lock and hasp to prevent access to any shed/storage structures being used for
dwelling purposes. Remove all items used in association with habitation/dwelling space, to
include but not limited to mattresses, lamps, bedroom furniture, hygiene products, ice chests, and
sleeping bags/blankets. An inspection will be scheduled on September 9, 2024 at 11:00 am to
verify compliance of these violations as well as the fire hazards.
No later than 12 calendar days from the date of this Notice and Order, you must repair the
front porch/walkway area to the main structure on Roosevelt St. to include the rain disrepair. An
inspection will be scheduled on September 171h, 2024 at 11:00 am to verify compliance of
this violation.
• If the City requests corrections or additional documentation, you must submit the items
requested within 7 calendar days after any such request.
ORDER TO REMOVE ALL PUBLIC NUISANCE CONDITIONS
You are hereby ordered to remove all public nuisance conditions. You are hereby ordered to
maintain the property free of all public nuisance activity as indicated above.
FRANCHISE TAX BOARD MAY BE NOTIFIED
You are also notified that sections 17274 and 24436.5 of the California Revenue and Taxation
Code provide in part that no deduction shall be allowed to a taxpayer for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year with respect to substandard
housing which is rented for income, if the substandard conditions are not corrected within six (
6) months of the date of this Notice and Order. The City will be notifying the Franchise Tax
Board of the substandard conditions at your property if applicable.
REQUIREMENTS IF YOU SELL PROPERTY
HSC section 17991 ( c) requires that if you sell or transfer the property during the period between
the issuance of this Notice and Order and the abatement of the violation or any judicial or
administrative actions related to the Notice and Order, then you are required to record a "Notice
of Conveyance of Substandard Property" with the Count Recorder's Office and provide the City
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of San Diego with the name, address, driver's license or identification number of the new
owner(s) within five business days of the sale or transfer of the property.
FAILURE TO COMPLY WITH THIS NOTICE AND ORDER
Additional consequences may result in enforcement actions, including but not limited to
administrative abatement, civil penalties, appointment of a receiver pursuant to HSC section
17980.7(c), revocation of permits, withholding of future municipal permits, or the filing of a
judicial action. Pursuant to HSC section 17985(a), a copy of this Notice and Order will be
recorded with the County Recorder's Office.
APPEAL RIGHTS
THIS NOTICE AND ORDER SUPERSEDES AND REPLACES THE NOTICE OF
VIOLATION FOR CODE CASE NO. 2024-0740, DATED AUGUST 23, 2024. In order to
appeal the violations associated with Code Case No. 2024-0740 as articulated in the Notice of
Violation dated August 23, 2024 and in this Notice and Order, you must follow the instructions
in this "Appeal Rights" section for the filing of an appeal.
Any person having any record title of legal interest in the above referenced property may appeal
this Notice and Order or any action of the Building Official. Such an appeal must be made in
writing and filed with the Building Official within 30 days of the date of service, which is the
day that this Notice and Order was mailed via certified mail. All appeals must also conform to
the requirements of Chapter 12 of the UHC, a copy of which has been enclosed with this Notice
and Order. Failure to properly and timely file an appeal will constitute a waiver of all rights to
an administrative hearing and determination of this matter. If you choose to appeal this Notice
and Order, you should read the attachment that explains the true purpose of an appeal.
Pursuant to Temple of 1001 Buddhas v. City of Fremont, appeals of orders, decisions and
determinations made by the enforcing agency relative to the application and interpretation of the
State Building Code and other regulations governing construction, use, maintenance and change
of occupancy must be heard by the agency's local appeals board. Where no such appeals boards
or agencies have been established, the governing body of the city, county, or city and county
shall serve as the local appeals board. Because this Notice and Order relates to the application of
the State Building Code and other regulations governing construction, use, maintenance and
change of occupancy, and because no local appeals board has been established in the City of
Carlsbad, an appeal of this Notice will be heard by the City Council. General appeal form
information is available at https://www.carlsbadca.gov/city-hall/clerk-services, but your request
for an appeal must comply with Chapter 12 of the UHC, as stated above and as attached.
An appeal fee in the amount of $1527.00 must be paid prior to the scheduling of an appeal of a
decision of the Building Official.
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If you have any questions regarding this Notice and Order, please contact Building Official
Shawn Huff at (442) 339-5338, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays,
or in writing at City of Carlsbad, 1635 Faraday Ave., Carlsbad, CA 92008.
Res~l/vi/
Shawn Huff ~ l{)
Building Official
City of Carlsbad
Enclosures: Notice of Violation dated 8/23/2024
UHC Chapter 12 (Appeal)
CCityof
Carlsbad
NOTICE OF VIOLATION
2921 ROOSEVELT LIMITED CALIFORNIA
LIMITED
7040 AVE ENCINAS, # 104
CARLSBAD, CA 92011
RE:
APN:
CASE#:
2921 ROOSEVELT ST
CARLSBAD, CA 92008-2335
2032921000
CC2024-0740
OFFICER: Jamie Lenos-Terfehr
NUMBER OF VIOLATIONS: 4
August 23, 2024
Dear 2921 Roosevelt Limited California Limited:
Code Enforcement received a complaint concerning the code violation(s) referenced below. This
notice is to notify you, the property owner of record and/or responsible party, that you are in
violation of the below-listed section(s) of the Carlsbad Municipal Code and will have to make the
below-outlined corrective action(s) no later than September 16, 2024.
Please contact the code officer associated with this notice if you would like to discuss this matter
further and can provide new information concerning this code violation(s).
CODE SECTION
CA HSC 17920.3 A.14 SUBSTANDARD BUILDING-INADEQUATE SANITATION: General dilapidation or
improper maintenance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
VIOLATION DESCRIPTION
Front porch entry area is in disrepair to include but not
limited to the railings and wood flooring making it
unsafe to stand on.
COMPLIANCE DATE: September 16, 2024
CODE SECTION
CORRECTIVE ACTION
Repair the front porch/walkway area to the main
structure on Roosevelt St. to include the railings is
disrepair.
CA HSC 17920.3 C SUBSTANDARD BUILDING -Any nuisance.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (c) Any nuisance.
VIOLATION DESCRIPTION
Structure is unsecure making the property an attractive
nuisance (missing skylight on roof and front door lock
Community Development Department
Code Enforcement Division
CORRECTIVE ACTION
Board and secure the structures to prevent access to
the buildings being used for dwelling purpose.
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
CC2024-0740 NOTICE OF VIOLATION Page 2 of 4
and hasp damaged leaving the building unsecured).
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CA HSC 17920.3 H SUBSTANDARD BUILDING -Fire Hazard
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
VIOLATION DESCRIPTION
Hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
COMPLIANCE DATE: September 02, 2024
CODE SECTION
CORRECTIVE ACTION
Remove all fire hazards to include but not limited to the
hot plates and toaster oven being used to cook and the
lighters and candles in the space being used as a
dwelling and kitchen area.
CA HSC 17920.3 N SUBSTANDARD BUILDING -Habitat not designed or intended to be used for.
Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which
the same is located, in which there exists any of the following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is
declared to be a substandard building: (n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes that were not designed or intended to be used for those occupancies.
VIOLATION DESCRIPTION
Rear buildings designed for storage are being used for
dwelling and cooking implements.
COMPLIANCE DATE: September 02, 2024
CORRECTIVE ACTION
Remove all items to include but not limited to
mattresses, lamps, bedroom furniture, hygiene
products, ice chests, and sleeping bags/blankets being
used to create a dwelling space.
The city would like to avoid taking any further actions and requests your cooperation in this
matter. By acting immediately to correct the violation(s) referenced, you will avoid further action
by the city.
Failure to correct the above-listed violations may result in an administrative citation for each
violation, which may be issued daily if necessary. Administrative costs may also be assessed.
Depending on the severity and type of violation, the city may alternatively pursue administrative
abatement, revocation or withholding of municipal permits, recordation of a notice of violation,
recordation of a certificate of noncompliance, civil litigation and/or criminal prosecution.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
CC2024-0740 NOTICE OF VIOLATION
If you have any questions about this notice or the alleged violation(s), contact Jamie
Lenos-Terfehr at jamie.lenos-terfehr@carlsbadca.gov. Please provide the case number
CC2024-0740 and the property address.
We anticipate and appreciate your cooperation in this matter.
Sincerely,
Jamie Lenos-Terfehr
City of Carlsbad
Code Enforcement
Community Development Department
Code Enforcement Division
Page 3 of 4
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
CC2024-0740 NOTICE OF VIOLATION Page 4 of 4
EXPLANATION OF CONSEQUENCES
The Carlsbad Municipal Code, Chapter 1.10 provides for the issuance of an administrative citation
and penalty for Municipal Code violations. Each section violated is considered a separate offense
with an independent penalty, which may be assessed each day such violation exists. Administrative
penalties will not exceed: $100 for the first violation of the same ordinance within one year, $200
for the second violation of the same ordinance within one year, and $500 for the third and each
additional violation of the same ordinance within one year. These penalties are cumulative.
Administrative costs may also be assessed to account for enforcement and abatement-related
costs incurred by the city.
RIGHT TO APPEAL NOTICE OF VIOLATION -PUBLIC NUISANCE
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code (and no
other notices of violation) has 10 calendar days from the date of service of the notice of violation
to file an appeal by completing all required request for hearing forms and returning them to the
Building & Code Enforcement Division or other department specified on the notice. If the deadline
to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular
business day. An appeal will be scheduled and heard in accordance with Carlsbad Municipal Code
sections 1.10.120 and 1.10.130.
Visit https://www.carlsbadca.gov/home/showpublisheddocument?id=7487 for more information on
appeals as well as appeal forms. You may complete the appeal form electronically and email to:
codeenforcement@carlsbadca.gov.
Please be advised that an appeal of one notice of violation or citation is not deemed to be an
appeal of all notices of violation or citations related to the same property or individual. Each notice
of violation and/ or citation must be appealed separately or communicated as a "global appeal" on
your appeal paperwork, along with the submission of any outstanding citation(s) balance(s) to be
appealed. Additionally, any permits, variances or similar permissions issued after a notice of
violation or citation has been issued does not forgive any preceding notices of violation or
citations, nor does this forgive any related future continuing violation.
The failure of any person issued a public nuisance violation to properly file a written appeal within
10 days of the date of issuance of the notice shall constitute a waiver of his or her right to an
administrative hearing and adjudication of the notice of violation or any portion thereof.
Community Development Department
Code Enforcement Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov
1997 UNIFORM HOUSING CODE 1101
1103
Chapter 11
NOTICES AND ORDERS OF THE BUILDING OFFICIAL
SECTION 1101 -GENERAL
1101.1 Commencement of Proceedings. When the building of-
ficial has inspected or caused to be inspected a building and has
found and determined that such building is a substandard building,
the building official shall commence proceedings to cause the re-
pair, rehabilitation, vacation or demolition of the building.
1101.2 Notice and Order. The building official shall issue a no-
tice and order directed to the record owner of the building. The no-
tice and order shall contain the following:
1. The street address and a legal description sufficient for iden-
tification of the premises upon which the building is located.
2. A statement that the building official has found the building
to be substandard, with a brief and concise description of the con-
ditions found to render the building dangerous under the provi-
sions of Section 202 of this code.
3. A statement of the action required to be taken as determined
by the building official.
3.1 If the building official has determined that the building
or structure must be repaired, the order shall require that
all required permits be secured therefor and the work
physically commenced within such time (not to exceed
60 days from the date of the order) and completed within
such time as the building official shall determine is rea-
sonable under all of the circumstances.
3.2 If the building official has determined that the building
or structure must be vacated, the order shall require that
the building or structure shall be vacated within a certain
time from the date of the order as determined by the
building official to be reasonable.
3.3 If the building official has determined that the building
or structure must be demolished, the order shall require
that the building be vacated within such time as the
building official shall determine reasonable (not to ex-
ceed 60 days from the date of the order), that all required
permits be secured therefor within 60 days from the date
of the order and that the demolition be completed within
such time as the building official shall determine is rea-
sonable.
4. Statements advising that if any required repair or demolition
work (without vacation also being required) is not commenced
within the time specified, the building official (i) will order the
building vacated and posted to prevent further occupancy until the
work is completed and (ii) may proceed to cause the work to be
done and charge the costs thereof against the property or its owner.
5. Statements advising (i) that any person having any record
title or legal interest in the building may appeal from the notice
and order or any action of the building official to the housing advi-
sory and appeals board, provided the appeal is made in writing as
provided in this code, and filed with the building official within 30
days from the date of service of such notice and order, and (ii) that
failure to appeal will constitute a waiver of all right to an adminis-
trative hearing and determination of the matter.
1101.3 Service of Notice and Order. The notice and order, and
any amended or supplemental notice and order, shall be served
upon the record owner, and posted on the property; and one copy
thereof shall be served on each of the following if known to the
building official or disclosed from official public records: the
Copynght International Conference of Building Officials
Provided by JHS under license with ICBO
holder of any mortgage or deed of trust or other lien or encum-
brance of record, the owner or holder of any lease of record, and
the holder of any other estate or legal interest of record in or to the
building or the land on which it is located. The failure of the build-
ing official to serve any person required herein to be served shall
not invalidate any proceedings hereunder as to any other person
duly served or relieve any such person from any duty or obligation
imposed by the provisions of this section.
1101.4 Method of Service. Service of the notice and order shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at their ad-
dress as it appears on the last equalized assessment roll of the
county or as known to the building official. If no address of any
such person so appears or is known to the building official, then a
copy of the notice and order shall be so mailed, addressed to such
person, at the address of the building involved in the proceedings.
The failure of any such person to receive such notice shall not af-
fect the validity of any proceedings taken under this section. Ser-
vice by certified mail in the manner herein provided shall be
effective on the date of mailing.
1101.5 Proof of Service. Proof of service of the notice and order
shall be certified to at the time of service by a written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made.
The declaration, together with any receipt card returned in
acknowledgement of receipt by certified mail, shall be affixed to
the copy of the notice and order retained by the building official.
SECTION 1102 -RECORDATION OF NOTICE AND
ORDER
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the
building official shall file in the office of the county recorder acer-
tificate describing the property and certifying (i) that the building
is a substandard building and (ii) that the owner has been so noti-
fied. Whenever the corrections ordered shall thereafter have been
completed or the building demolished so that it no longer exists as
a substandard building on the property described in the certificate,
the building official shall file a new certificate with the county re-
corder certifying that the building has been demolished or all re-
quired corrections have been made so that the building is no longer
substandard, whichever is appropriate.
SECTION 1103 -REPAIR, VACATION AND
DEMOLITION
The following standards shall be followed by the building official
(and by the housing advisory and appeals board if an appeal is
taken) in ordering the repair, vacation or demolition of any sub-
standard building or structure:
1. Any building declared a substandard building under this code
shall be made to comply with one of the following:
1.1 The building shall be repaired in accordance with the
current Building Code or other current code applicable
to the type of substandard conditions requiring repair.
1.2 The building shall be demolished at the option of the
building owner.
21
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