The URL can be used to link to this page

Home My WebLink AboutCC2024-0773; Gericos; 2024-0267326; Notice of Violation/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO : CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD DOC# 2024-0267326 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 03, 2024 02:24 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 13 NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION Assessor's Parcel Number(s): 204-292-2300 Property Address: 850 TAMARACK AVE, CARLSBAD, CA 92008 Owner of Record: GERICOS, 2885 WILSON ST, CARLSBAD, CA 92008-1532 Pursuant to Section 1.10.050 of the Carlsbad Municipal Code, the City of Carlsbad hereby gives notice, as public record, that the above identified real property within the City of Carlsbad, and more specifically described as: SEE EXHIBIT "A" is not in compliance with the Carlsbad Municipal Code. These violations are set forth in a Notice of Violation issued to the property owner on August 28, 2024 (attached as Exhibit B) and the Administrative Citation issued to the property owner on September 30, 2024 (attached as Exhibit C) and include: CMC 06.16.015.D: PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a public nuisance. (D) Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial construction with no observable work performed for a period of six months or longer. The owner has been notified thereof, and this notice shall remain on record until all necessary corrections have been made and the property is in compliance with the code sections related to the violations cited . Until a Certificate of Compliance is recorded by the Code Enforcement Manager of the City of Carlsbad, applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. 1 EXHIBIT 'A' REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 2 OF TAMARACK PLAZA ACCORDING TO MAP THEREOF NO. 5944 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 23, 1967. APN: 204-292-23-00 EXHIBIT 'B' {city of Carlsbad NOTICE OF VIOLATION GERICOS 2885 WILSON ST CARLSBAD, CA 92008-1532 August 28, 2024 Dear Property Owner: RE: APN: CASE#: 850 TAMARACK AVE CARLSBAD, CA 92008-4140 2042922300 CC2024-0773 OFFICER: Jamie Lenos-Terfehr NUMBER OF VIOLATIONS: 4 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 12, 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.12 SUBSTANDARD BUILDING-INADEQUATE SANITATION: Infestation of insects, vermin , or rodents. 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: (12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. VIOLATION DESCRIPTION Infestation of bees on the structure on the property. COMPLIANCE DATE: September 12, 2024 CODE SECTION CORRECTIVE ACTION Provide proof of contract with a licensed company for the removal of the bees. CMC 06.16.015.D PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a public nuisance. D. Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial construction with no observable work performed for a period of six months or longer. VIOLATION DESCRIPTION This has been a vacant property for 5 years. Between Community Development Department Code Enforcement Division CORRECTIVE ACTION Contact the City of Carlsbad Planning Department by 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca .gov CC2024-0773 NOTICE OF VIOLATION Page 2 of 4 January 01, 2024, and August 27, 2024, the Carlsbad Police Department has responded to 33 calls for service at this property. Code Enforcement has had 5 investigations for homeless, graffiti, and trash dumping during the same timeframe listed above. As of 8/27/24, There is currently graffiti, a dilapidated monument sign in the parking lot, trash, broken traffic cones, large chunks of broken concrete throughout the parking lot, overgrown vegetation, a bee hive connected to the roof structure, discarded wiring, discarded pipes on the ground, exposed electrical receptacles/equipment as well as a wood railing that is dilapidated and being held up with wiring on the roof of the structure. COMPLIANCE DATE: September 12, 2024 phone (442) 339-2600 or email Planning@carlsbadca.gov by September 12, 2024, to ascertain the necessary permits for rehabilitation or demolition of the structure. CODE SECTION CMC 06.16.015.H PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a public nuisance H. Graffiti on any public or privately owned structures within the city. For purposes of this chapter, "graffiti" means any form of painting, writing, inscription, or carving on any surface, regardless of the content or the nature of the material used in the commission of the act, which was not authorized in advance by the owner of the surface. VIOLATION DESCRIPTION Graffiti on multiple locations of the structure. COMPLIANCE DATE : September 03, 2024 CODE SECTION CORRECTIVE ACTION Please remove Graffiti as soon as possible and no later than the compliance date. CMC 21.41.110 SIGN ORDINANCE: Construction and maintenance. A. Construction. Every sign , and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the latest adopted versions of the Building Code and the National Electric Code. B. Maintenance. 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. 2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling , corrosion or other states of disrepair. (Ord. CS-226 § I, 2013) VIOLATION DESCRIPTION Dilapidated monument sign and all parts, portions and materials are not maintained. COMPLIANCE DATE: September 17, 2024 CORRECTIVE ACTION Remove the dilapidated monument sign from the property. 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 t he city. Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov EXHIBIT 'C' (_City of Carlsbad ADMINISTRATIVE CITATION # 1 GERI COS 2885 WILSON ST CARLSBAD, CA 92008-1532 September 30, 2024 Number of Violations (this citation): Amount Per Violation (this citation): Total Amount Due (this citation): Dear Property Owner: RE: APN: CASE#: 850 TAMARACK AVE CARLSBAD, CA 92008-4140 2042922300 CC2024-0773 OFFICER: Jamie Lenos-Terfehr 1 $100.00 Payment due no later than: 10/30/2024 $100.00 The timeframe for correcting the code violation(s) referenced below has expired. An inspection / review of the property on September 30, 2024 by the Code Enforcement Division determined the property remains non-compliant with the appl icable code(s). According to available records, you are an owner or other responsible party of this property. The corrective action(s) indicated below is/ are required no later than October 03, 2024. FINE: $100 CODE SECTION CMC 06.16.015.D PUBLIC NUISANCES & PROPERTY MAINTENANCE: Specific conditions constituting a public nuisance. D. Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial construction with no observable work performed for a period of six months or longer. VIOLATION DESCRIPTION This has been a vacant property for 5 years. Between January 01 , 2024, and August 27, 2024, the Carlsbad Police Department has responded to 33 calls for service at this property. Code Enforcement has had 5 investigations for homeless, graffiti, and trash dumping during the same timeframe listed above. Community Development Department Code Enforcement Division CORRECTIVE ACTION Submit the appropriate Coastal Development Permit (CDP) application to Coastal requesting a waiver to remove the structure due to the public nuisance aspect of the building with the number of responses that the Carlsbad Police Department and City of Carlsbad Code Enforcement have handled. Please work with our Planning Department Planning@carlsbadca.gov to prepare the documentation regarding the structure's demolition to prevent future issues at this site by the end of business day on October 3, 2024. 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov CC2024-0773 ADMINISTRATIVE CITATION # 1 Page 3 of 4 ADMINISTRATIVE CITATIONS Carlsbad Municipal Code Chapter 1.10 provides for the issuance of an administrative citation for violations of the code. There are four levels of citations that may be issued progressively for a violation. The fines, as indicated on the front of the citation, are $100 per violation for the first citation, $200 per violation for the second citation, and $500 per violation, per day for the third and subsequent citations. These fines are cumulative. A warning, if issued, does not incur a fine and, therefore, is not appealable. Be aware that continued non-compliance in this matter and a failure to pay the administrative citation fees brings consequences. According to Carlsbad Municipal Code late fees may be assessed, civil actions may be pursued, and special assessments against the property may occur. EXPLANATION OF CONSEQUENCES FAILURE TO PAY ADMINISTRATIVE CITATION FINE The failure of any person to pay the fine assessed by a citation within 30 days of the issuing date of the citation or the due date on a delinquent notice may result in turning the account over to a collection agency, filling a claim with the Small Claims Court, a lien against your property, or any other available legal remedy to collect such money. The city has the authority to collect all costs associated with the filing of such actions. FAILURE TO CORRECT VIOLATIONS There are numerous other enforcement options that may be used to encourage correction of violations. These options include, but are not limited to: criminal prosecution, civil litigation abatement, recording the violation with the County Recorder and forfeiture or certain benefits for substandard residential rental property. FAILURE TO PAY TRANSIENT OCCUPANCY TAX OWED Any hotel or short-term vacation rental operator who fails to pay any required Transient Occupancy Taxes ("TOT") or to remit any tax collected to the city is subject to civil suit, criminal prosecution and/or suspension or revocation of the operator's short-term vacation rental permit. Within three years after TOT is due to the city, the city may: record a lien against the subject property for the amount of TOT, penalties and interest due; issue a warrant for the enforcement of any unpaid liens; seize and sell real or personal property to satisfy any TOT lien; and give a withhold notice to all persons, including the state or government entities, having in their possession or under their control any credits or other personal property belonging to the taxpayer. Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca .gov CC2024-0773 ADMINISTRATIVE CITATION # 1 Page 4 of 4 HOW TO PAY FINE The amount of the fine is indicated on the front of the administrative citation and is due within 30 days of the issue date of the citation. Payment can be made by credit card, personal check, cashier's check, or money order. Please note: the citation number will be required for all forms of payment. To Pay by Credit Card: www.pticket.com/carlsbadadmin To Pay by Mail: City of Carlsbad P.O . Box 3926 Tustin, CA 92781-3926 Payment of any fine shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. RIGHTS TO APPEAL You have the right to appeal this citation within 30 days from the date the citation was issued. If the citation was mailed, the appeal must be made within 30 days from the date of mailing. An appeal must be made in writing, including a return address, a basis for the appeal in detail must be included, and be accompanied by the fine amount. Appeal forms may be obtained from the Finance Department at the address noted below. An appeal will result in an administrative hearing. Failure of any person to properly file a written appeal within 30 days shall constitute a waiver of his or her right to an administrative hearing and adjudication of the citation or any portion thereof and the total amount of the fine. 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 citat ions, nor does this forgive any related future continuing violations. Community Development Department Code Enforcement Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2703 I codeenforcement@carlsbadca.gov