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HomeMy WebLinkAbout; ; 2018-0396576; PropertyRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD NOTICE OF LIEN DOC# 2018-0396576 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 24, 2018 09:23 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 28 PROPERTY OWNERS: Harold D. Stidolph & Gail A. Stidolph LEGAL DESCRIPTION: See Grant Deed, attached as Exhibit D ASSESSOR'S PARCEL NO. 207-101-09-00 City of Carlsbad Code Case Number CE-16-0883 Pursuant to Government Code Sections 38773 and 38773.1 and Carlsbad Municipal Code Section 6.16.040 governing the abatement of a nuisance, the undersigned City of Carlsbad (City) hereby declares that: 1. Gail A. Stidolph and Harold D. Stidolph, owners of the property located adjacent to 4814 Kelly Drive, Carlsbad, California, described in Exhibits A and D, have failed to remit or pay the cost of abating a public nuisance on this property, as described in Exhibit B (Notice of Violation dated June 14, 2016). 2. Owner/occupant Gail A. Stidolph was further provided with a letter dated April 6, 2017, attached as Exhibit C, which included a detailed invoice of the abatement cost for review. In this letter, Ms. Stidolph was advised to reimburse the City $13,715.00 by April 17, 2017, otherwise "the city may collect the cost of abatement by any means necessary including recording a lien in the county recorder's office." Because the City has not been reimbursed in whole or in part as of today's date, a lien will be recorded against the aforementioned property to secure reimbursement. 1 3. Owners presently owe the City the sum of $13,747.00, said sum being due and payable pursuant to Carlsbad Municipal Code Sections 6.16.040 and 6.16.090. Cost of abatement: $13,715.00 Cost of recording the lien: $32.00 ($14 for recorder's office cover page; $3 for each of 6 additional pages) TOTAL AMOUNT DUE: $13,747.00 4. The City has complied with all provisions of the Carlsbad Municipal Code, Sections 6.16.050 to 6.16.070, in the determination of the amount required to be remitted and paid. 5. From the time of filing for record, the amount required to be remitted together with recording costs constitutes a lien upon all real property in the county owned by Gail A. Stidolph and Harold D. Stidolph or afterwards acquired by either of them. The lien has the force, effect and priority of a judgment lien and may be foreclosed by an action brought by the City for a money judgment. IN WITNESS THEREOF, we have hereunto set our hands and seals this '2JJ""-day of Aff?tL, 2018. AP~~~~ A~ TO FORM: By: /VL/vv. % Marissa A. Kawecki, Deputy City Attorney for Celia A. Brewer, City Attorney CARLSBAD ipal Corporation of ScPIT t:. HAD w 1c ><., City Manager Barbara Engleson, City Clerk (Seal) 2 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 Gu~ v:JLe Jo I>? before me, Tamara R. McMinn, Notary Public l ) (insert name and title of the officer) personally appeared 5-,-R""-, t:J= Cbo_j), J / c}( , who proved to me on the basis ofsatisfactory 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~~ {rtlJ/h. (Seal) 1··················· TAMARA A. MCMINN • Notary Public • Clflfornia I S111 Dllgo County f COfflffl6slicNI ti 2159561 - Mv COIMI. Elllirn Jul 10, 2020 I EXHIBIT A Property Detail Report For Property Located At : EL CAMINO REAL, CARLSBAD, CA 92008 • ,• Real Quest Cor0Log1c Owner Information Owner Name: Mailing Address: Vesting Codes: Legal Description: County Census Tract/ Block: Township-Range-Sect: Legal Book/Page: Legal Lot: Legal Block Market Area: Neighbor Code: Recording/Sale Date Sale Price Document#: Recording/Sale Date: Sale Price: Sale Type Document#: Deed Type Transfer Document#: New Construction: Title Company: Lender: Seller Name Prior Rec/Sale Date: Prior Sale Price: Prior Doc Number: Prior Deed Type: STIDOLPH HAROLD D/STIDOLPH GAIL A 4814 KELLY DR, CARLSBAD CA 92008-3733 C007 HW//JT Location Information 3.65 AC M/L IN LOT I TR 823 SAN DIEGO, CA 178.10 / 207-10 13 APN Alternate APN: Subdivision Map Reference: Tract#: School District: School District Name: Munic/Township: Owner Transfer Information Deed Type 1st Mtg Document#: Last Market Sale Information 01/27/1987 / 12/1986 $20,000 FULL 42415 GRANT DEED SAFECO TITLE INSURANCE CO. L R PARTNERSHIP 1st Mtg AmounUType 1st Mtg Int. Rate/Type 1st Mtg Document#: 2nd Mtg Amount/Type: 2nd Mtg Int. Rate/Type: Price Per SqFt: Multi/Split Sale Prior Sale Information Prior Lender: Prior 1st Mtg Ami/Type: Prior 1st Mtg Rate/Type: Property Characteristics Total Rooms/Offices Garage Area: 207-101-09-00 RANCHO AGUA HEDIONDA 14-C6/ 823 CARLSBAD CARLSBAD Year Built/ Eff Gross Area: Total Restrooms: Garage Capacity: Building Area: Tot Adj Area: Above Grade # of Stories Other Improvements Building Permit Zoning R1 Lot Area 158,994 Land Use: RESIDENTIAL ACREAGE Site Influence: Total Value: $13,639 Land Value: $13,639 Improvement Value: Total Taxable Value: $13,639 Roof Type: Roof Material: Construction: Foundation: Exterior wall: Basement Area: Site Information Acres: 3.65 Lot Width/Depth: X Commercial Units· Sewer Type: Tax Information Assessed Year: 2017 Improved%: Tax Year: 2017 Parking Spaces: Heat Type: Air Cond: Pool: Quality: Condition: County Use: State Use Water Type: Building Class: Property Tax: Tax Area· Tax Exemption: VACANT RESIDENTIAL (110) $238.76 09000 Street Map Plus Report For Property Located At .. ,• Real Quest Cort>Log,c EL CAMINO REAL, CARLSBAD, CA 92008 We are sorry, but this report cannot be generated since the requested property does not have the required geographic information. EXHIBIT B CCityof Carlsbad Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2s10 / 160-no-2031 fax Notice of Violation/ Declaration of Public Nuisance Case: CE-16-0883 Date: 06/14/2016 Harold D. & Gail A. Stidolph Care of: Maren E. Hoover 4814 Kelly Drive Carlsbad, CA 92008 Dear Ms. Hoover and Mr. & Mrs. Stidolph: The property known by the San Diego County Assessor as Assessor Parcel No.: 201-101-09-00, described as 3.65 ACM/Lin Lot I TR 823, adjacent to 4814 Kelly Drive, Carlsbad, CA 92008 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 multiple provisions of the Carlsbad Municipal Code, as listed below, and must corrected. Per Carlsbad Municipal Code 6.16.0lO(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. Per 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. Housing & Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t I 760-720-2037 f I www.carlsbadca.gov Notice of Violation/ Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 Violation Description & Code Section Corrective Action 1} Property was developed and Remove all structures from the City's structures illegally located (without drainage easement within 3 weeks of Coastal Development Permit)/ written notice. If clearing occurs during the bird breeding season, typically CMC 21.201.030 Requirements for minor January 15 through August 30, a coastal development permits and coastal biologist shall be on site prior to any development permits. heavy machinery or clearing activities to Except as provided in Section make sure that there are no active nests 21.201.060 below, any applicant wishing within the channel area and expanding to undertake a development (defined in to 300 to 500 feet outside the channel Section 21.04.107} in the coastal zone area. A blologist will know the shall obtain a minor coastal requirements if an active nest is found. development permit or coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a minor coastal development permit or coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the decision-making authority, provided that the minimum requirements as specified herein are assured. (Ord. CS-178 § CXXIX, 2012} 2) Property was developed and Remove all structures from the City's structures constructed and located drainage easement within 3 weeks of without compliance to Floodplain written notice. If clearing occurs during Management Regulations. the bird breeding season, typically January 15 through August 30, a CMC 21.110.080 Compliance. biologist shall be on site prior to any (Floodplain Management Regulations} heavy machinery or clearing activities to make sure that there are no active nests pg. 2 Compliance Due Date 07/08/2016 07/08/2016 Notice of Vlolation / Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 No structure or land shall hereafter be within the channel area and expanding constructed, located, extended, to 300 to 500 feet outside the channel converted or altered without full area. A biologist will know the compliance with the terms of this requirements if an active nest is found. chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city from taking such lawful action as is necessary to prevent, enjoin or remedy any violation. (Ord. NS- 39 § 1, 1988} 3) Illegal improvements on the property Remove all structures from the City's are in the path of flood-related erosion. drainage easement within 3 weeks of written notice. If clearing occurs during CMC 21.110.230 Flood-related erosion-the bird breeding season, typically prone areas. January 15 through August 30, a (c) If a proposed improvement is found biologist shall be on site prior to any to be in the path of flood-related erosion heavy machinery or clearing activities to or would increase the erosion hazard, make sure that there are no active nests such improvement shall be relocated or within the channel area and expanding adequate protective measures shall be to 300 to 500 feet outside the channel taken to avoid aggravating the existing area. A biologist will know the erosion hazard. requirements if an active nest is found. 4) Non-stormwater discharges and Remove all solid waste, trash, debris, cut pollutants are being transferred into the vegetation, structures, and illegal stormwater conveyance system due to encampments from city's drainage encampments and trash and debris easement. generated by those living in the encampments. CMC 15.12.050 Prohibited discharges. The discharge of non-stormwater discharges to the stormwater pg.3 07/08/2016 07/08/2016 Notice of Violation/ Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 conveyance system or to any other conveyance system which discharges into receiving water is prohibited, including, but not limited to: A. Sewage; I. Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes; and J, Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.). {Ord. CS-278, 2015; Ord. NS-880 § 1, 2008} 5} Solid waste is littered throughout the Remove all solid waste, trash, debris, cut property including, but not limited to: vegetation, structures, and illegal discarded putrescible and non-encampments from city's drainage putrescible solid, semisolid, and liquid easement. If corrective action is not wastes, including refuse, construction accomplished within the designated and demolition waste, -bulky waste, time period, City will contract the recyclable materials, and green waste, removal of the solid waste and place a food waste, or any combination thereof lien on the property (CMC 15.12.lS0F). which are permitted to be disposed of in a Class Ill landfill, and which are included in the definition of "non-hazardous solid waste" set forth in the California Code of Regulations. Solid waste does not include exempt waste. 6} Stormwater conveyance system Remove all solid waste, trash, debris, located on property is not adequately cut vegetation, structures, motor protected. vehicles or parts thereof, recreational vehicles, and illegal encampments from CMC 15.12.090 Stormwater conveyance city's drainage easement. system protection. A. Every person owning property through which a stormwater conveyance system passes, and such person's lessee or tenant, shall keep and maintain that part of the stormwater conveyance pg.4 07/08/2016 07/08/2016 Notice of Violation/ Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 system within the property free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate or significantly retard the flow of water through the stormwater conveyance system. D. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city and the appropriate state or federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to the stormwater conveyance system; 2. Modify the natural flow of water in a stormwater conveyance system; 3. Carry out developments within 30 feet of the center line of any stormwater conveyance system or 20 feet of the edge of a stormwater conveyance system, whichever is the greater distance; 4. Deposit in, plant in, or remove any material from a stormwater conveyance system including its banks except as required for necessary maintenance; 5. Construct, alter, enlarge, connect to, change or remove any structure in a stormwater conveyance system; 6. Place any loose or unconsolidated material along the side of or within a stormwater conveyance system or so close to the side as to cause a diversion of the flow, or to cause a probability of su~h material being carried away by stormwaters passing through such a stormwater conveyance system. The above requirements do not supersede any requirements set forth by the California Department of Fish and pg.5 Notice of Vlolatlo!J / Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 Game Stream Alteration Permit process. {Ord. NS-880 § 1, 2008) 7) Junk is accumulating throughout the property. 6.12.030 Accumulation prohibited- Exceptions. No person shall accumulate junk: C. On any parcel of land adjacent to a lot used for residential purposes, except: 1. As a part of an incident to a lawfully established and conducted commercial or industrial enterprise; or 2. When done in strict compliance with Section 6.12.040. D. On any lot or parcel that is not in strict compliance with Chapter 15.12, Stormwater Management and Discharge Control. (Ord. NS-625 § 6, 2002; Ord. 5039 § 2) ' Remove all junk from the property 07/08/2016 including but not limited to: construction materials, hot tubs, trellis, gazebo, broken fence materials, tarps, pallets, plastic containers, clothing, shoes, irrigation pipe, ice chests, sheds, wood, metal poles, lattice work, Easy-up/ portable shade structures, furniture, dog houses, etc., from city's drainage easement. The property has been inspected multiples times (1/9/2016, 3/1/2016 & 6/9/2016) and has been determined to be a public nuisance. The property (APN #207-101-09) located behind and adjacent to 4814 Kelly Drive is designated as a city drainage easement. Structures illegally developed and located within this city drainage easement could _be subject to flooding and must be removed, Debris from encampments and the residents living in these encampments have the potential to obstruct storm water flows through the downstream culvert, create an obstruction at Park Drive, which would cause water and solid waste to flow over the street and into the Agua Hedionda Lagoon. Many invasive plant species have been allowed to naturalize in the channel and have the potential to impede storm water flows. The conditions listed within this notice must be corrected by July 8, 2016 or the city may begin abatement proceedings. All costs associated with abatement will be billed back directly to the property owner .. pg.6 Notice of Violation / Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 Case: CE-16-0883 06/14/2016 Once all corrective actions have been taken as set forth above, the property must remain in full compliance with all applicable city codes and approved licenses/ permits. The City of Carlsbad looks forward to working with you ln a cooperative manner. Please contact my office at (760) 434-2906 if you wish to discuss this matter further. Sincerely, Allen Edwards Zoning Enforcement Officer (760} 434-2906 pg, 7 Notice of Violation/ Declaration of Public Nuisance Assessor Parcel No.: 201-101-09-00 case: CE-16-0883 06/14/2016 Public Nuisance CMC 6.16.020 Determination of nuisance on real property. Whenever the enforcement officer, as that term is defined in Section 1.10.0l0(A), determines that there exists on any real property in the city a public nuisance as defined in Section 6.16.010, the enforcement officer may serve upon the responsible person, as that term is defined in Section 1.10.0lO(A), a notice of violation per Section 1.10.030 setting forth the nature of the public nuisance. Said notice shall be served in accordance with Section 1.10.040. (Ord. CS-257 § IV, 2014) CMC 6.16.030 Right to appeal notice of violation. The responsible person may appeal the notice of violation of public nuisance within 10 calendar days from the date of service of the notice of violation by fillng a written request to appeal to the city clerk. Upon receiving a written request to appeal a notice of violation, the city manager shall follow the same administrative enforcement hearing procedures for administrative citation set forth in Section 1.10.130. (Ord. CS-257 § V, 2014) CMC 6-.16.040 Failure to abate nuisance. The following provisions will apply for failure to abate a nuisance: A. In the event such public nuisance is not abated on or before the date described in the notice of violation, 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 employe~s, or such private contractors and their employees, may enter upon the subject property to abate the nuisance. B. Notwithstanding any other provision of this code, failure to abate such public nuisance on or before the date described in the notice of violation, when ordered. to do so in accordance with the provisions of this chapter, or state law where such state law is applicable, is a misdemeanor. (Ord. CS-257 § VI, 2014) pg.8 EXHIBIT C April 6, 2017 Gail A. Stidolph Care of Maren Hoover 4814 Kelly Drive Carlsbad, CA 92008 ? -C C-✓vl,1·-k,·1~ L.f) I I;_,/ l Dear Mrs. Stidolph and Ms. Hoover, {'cicyof Carlsbad Attached for your review is a Report of Abatement Cost -Kelly Channel for your property described as "3.65 Acre M/L in Lot I TR 823" which is adjacent to 4814 Kelly Drive, Carlsbad, CA 92008. On November 8, 2016 City Manager Kevin Crawford signed the Authorization to Abate and Remove Public Nuisance (see attached) which directed city staff to proceed with abatement of the public nuisance of the property adjacent to 4814 Kelly Drive. This property is also listed as Assessor Parcel Number 201-101-09-00 and commonly referred to as "Kelly Channel." Per Carlsbad Municipal Code Section 6.16, whenever the .city's code enforcement officer determines that there is a public nuisance on a property they may serve a notice of violation upon the property owner. In this case you were unable to adequately clear the property at Kelly Channel of the unpermitted sheds, shade structures, discarded lumber, junk and debris, etc. within a reasonable period of time. The Housing and Neighborhood Services Department then contracted with Urban Corps of San Diego County to abate the property. The total cost of the abatement project was $13,715 (see attached invoice). This final cost was considerably less than the original quote of $23,975 (see attached quote). By April 17, 2017, if you are unable to reimburse the City of Carlsbad in the amount of $13,715 the city may collect the cost of abatement by any means necessary including recording a lien in the county recorder's office. You may contact me at 760-434-2906 or allen.edwards@carlsbadca.gov if you have any questions or would like to discuss this matter. ~ All~~ Zoning Enforcement Officer Attachments: Carlsbad Municipal Code Report of Abatement Cost Authorization to Abate and remove Public Nuisance dated 11/08/16 Urban Corps of San Diego County Invoice ($13,715} Urban Corps of San Diego County Quote ($23,975) Community & Economic Development Housing and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2815 t Carlsbad Municipal Code Chapter 6.16 Nuisances Article I Generally 6.16.005 Declaration of purpose. The council finds thc1t its purpose in adopting this chapter is to establish procedures for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address municipal code or applicable state code violations. (Ord. CS-257 § II, 2014) 6.16.010 Nuisance defined. The existence of real property, whethe'r· public or private, within the city: A. In a condition which is adverse or detrimental to public peace, health, safety, the environment, or general welfare; or B. Any condition caused, maintained, or permitted to exist in violation of any provision of the municipal code or applicable state codes which constitute a public nuisance may be abated . by the city pursuant to the procedures set forth in this chapter; or C. Which is maintained so as to 1permit 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. {Ord. CS-257 § 111, 2014) 6.16.026 Determination of nuisance on real property. Whenever the enforcement officer, as that term is defined in Section 1.10.0lO{A), determines that there exists on any real property in the city a public nuisance as defined in-section 6.16.010, the enforcement officer may serve upon the responsible person, as that term is defined in Section 1.10.0lO{A), a notice of violation per Seqion 1.10.030 setting forth the nature of the public nuisance. Said notice shall be served in accordance with Section 1.10.040. (Ord. CS"'.257 § IV, 2014) 6.16.030 Rightto appeal notice of violation. 2 The responsible person may appeal the notice of violation of public nuisance within 10 calendar days from the date of service of the notice of violation by filing a written request to appeal to the city clerk. Upon receiving a written request to appeal a notice of violation, the city manager shall follow the same administrative enforcement hearing procedures for administrative citation set forth in Section 1.10.130. (Ord. CS-257 § V, 2014) 6.16.040 Failure to abate nuisance. The following provisions will apply for failure to abate a nuisance: A. In the event such public nuisance is not abated on or before the date described in the notice of violation, 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 the subject property to abate the nuisance. 3 B. Notwithstanding any other provision of this code, failure to abate such public nuisance on or before the date described in the notice of violation, when ordered to do so in accordance with the provisions qf this chapter, or state law where such state law is applicable, is a misdemeanor. (Ord. CS-257 § VI, 2014) 6.16.050 Account of cost of abatement to be kept. The city manager or designee shall cause to be kept an account of the cost of such abatement and related administrative costs, and upon completion thereof, the city manager or designee shall write a report stating the cost thereof. (Ord. CS-257 § Vil, 2014) 6.16.060 Copies of report of abatement cost to be served. The city manager or designee shall cause a copy or copies of such report mentioned in Section 6.16.050 to be served to the responsible person per Section 1.10.040. (Ord. CS-257 § VIII, 2014) 6.16.070 Determination ofabatement cost. The responsible person may dispute the abatement cost report within 10 calendar days from the date of service of the abatement cost report by filing a written dispute to the cost report. The responsible person shall set forth the basis of the dispute and submit relev,mt documentation in support of their dispute. The city mani:lger or designee shall consider the comments and documentation submitted by the responsible person, and shall: A. Determine the correct abatement cost; B. If necessary, modify such report to conform to such correct abatement cost; C. Confirm the report as presented or modified; D. State the date ofthe abatement order; E. Determine and state the correct legal description of the subject property, the correct county assessor's parcel number, the street address and the name and address of the recorded owner based on the last equalized assess~ent roll or the supplemental roll, whichever is more current. The decision of the city manager or designee shall be final. (Ord. CS-257 § IX, 2014) 6.16.080 Abatement cost to be lien against property. The cost of abatement, as determined, shall be a: A. Personal obligation of the person creating, causing, committing or maintaining the nuisance abated; B. Personal obligation of the property owner of the subject property; and C. Special assessment against the subject property or a lien against the subject property. (Ord. CS-257 § X, 2014) 6.16.090 Collection of cost of abatement. The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means. A. Recordation in the office of the county recorder of a certified copy of such resolution confirming such report so as to give notice of the lien: 1. Prior to recordation, a notice of lien shall be served on the owner of record iii the same manner as a summons in a civil action in accbrd,rnce with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation in San Diego County. 4 2. The lien shall be recorded in the county recorder's office and from the date of recording shall have the force, effect and priority of a judgment lien and may be foreclosed by an action brought by the city for a money judgment. 3. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. 4. In the event that the lien is discharged or released or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the date of the abatement order, the street address, legal description, assessor's parcel number, and the name and address of the recorded owner shall be recorded in the county recorder's office. B. Civil action by the city. C. Filing a certified copy of such resolution confirming such report with the auditor of the county who shall enter the assessment on the county tax roll opposite the subject property. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of $50.00 or more may be made in annual installments in any event not to exceed five, and collected one installment at a time and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereofis subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at the rate of six percent per year. D. In addition to any other costs of abatement under this chapter, upon the entry of a second or subsequent civil or criminal judgment within a two~year period in which the owner of real property is responsible for a condition that may be abated under this chapter, except for conditions under the State Housing Law (Health and Safety Code Section 17980), a court may order the property owner to pay triple the costs of the abatement. (Ord. CS-257 § XI, 2014) ( REQUEST FOR BILLING Date: 06/06/2017 Department: Hns -Code Enforemen Dept Contact: Allen Edwards Phone Number: 760-602-2703 Invoice To: Gail A Stidol~h r;;t O Maren Hoover 4814 Kelly Drive Carlsbad, CA 92008 Bus. Contact: Bus. Phone: Public nuisance abatement -Kelly Channel Explanation of Billing: Cleaning -Code Case #CE16-1085 Total Invoice Amount To Be Billed: $13,715.00 Number of Months To Be Billed: B- Special Payment Te-rms: a Attachments to be Mailed? ~Yes •.No (Use X for vour selection) . "\. Kerry Jezisek Prepared Bv: Extension: 2883 Organization Key: 0012530 Object Code: 5212 Supervjsor / Manager Approval: &rl 1 cJ 0o ?J~A,1:j:(__ (Signature) j 71 71 {I V FINANCEDEPARTMENTUSEONL~ Invoice Number: Invoice Date: Invoice Amount: ,· Account Number: AIR Division: Items Received By Wednesday Will Be Billed On Friday. Quick Reference for Researching Payments 1. G.o to COD Reporting 2. Click on Reports _ 3. Click on Commonly Used Reports 4. Click on AR Account Balance Detail 5. Enter Start Date 6. Enter Account Number or C* 7. Enter Customer Name or* 8. Click on OK SEE SECTION "COD INSTRUCTIONS FOR RESEARCHING PAYMENTS" FOR MORE DETAILED INSTRUCTIONS. r Authorization to Abate and Remove Public Nuisance Case: CE-16-1085 November 8, 2016 TO: FROM: CODE ENFORCEMENT OFFICER CITY MANAGER Ccicyof Carlsbad Per Carlsbad Municipal Code 6.16.040(a), you are hereby authorized and directed to abate and remove the identified public nuisance by city agents, employees or by private contract, and in connection therewith such city agents or employees, or such private contractors and their employees, are authorized to enter upon the subject property at the convenience of the city agents or employees to abate the nuisance as set forth below and subsequently assess the property owner for the costs of this abatement (estimated at $30,000) without a public hearing. The nuisance description and abatement action to be taken by City of Carlsbad or its agents is described below: The property described as the 3.65 Acre M/L in LOT I TR 823, adjacent to 4814 Kelly Dr, Carlsbad, CA 92008 has been maintained in a condition which is adverse or detrimental to public peace, health, safety, the environment, or general welfare due to concerns that debris from the encampments and the people living in these encampments located throughout the property has the potential to obstruct storm water flows through the downstream culvert and also create obstructions at Park Drive which could cause water and solid waste to flow over the street and into the Agua Hedionda Lagoon. In addition, many invasive plant species have been allowed to naturalize in the channel and have the potential to impede storm water flows. This public nuisance shall be abated by city agents, employees or by priv :te contract by: removing all junk, debris, illegal structures and abandoned ~ound o property. Kevin C City Manager Attachment -Notice of Code Enforcement Officer to Property Owner Re: Nuisance Abatement C: Code Compliance Case File City Manager 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2821 t URBAN CORPS . ....... ·--, '. • !; ' ; ; :,·: J ... J SAN DIEGO COUNTY PLEASE PAY FROM THIS INVOICE Invoice Date: Invoice Number: 1/12/2016 16-0372 REVISION Terms: Due upon receipt CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008-1949 allen.edwards@carlsbadca.gov PROJECT NAME: ~ KELLY CHANNEL UCO Project Number: 3315-017 Purchase Order No: Fees for services rendered: DATE SUPERVISC RATE CM HOURS RATE 12/7/2016 8 $ 35.00 40 $ 25.00 12/8/2016 8 $ 35.00 40 $ 25.00 12/9/2016 8 $ 35.00 40 $ 25.00 12/12/2016 8 $ 35.00 40 $ 25.00 12/13/2016 8 $ 35.00 40 $ 25.00 12/14/2016 8 $ 35.00 40 $ 25.00 12/15/2016 8 $ 35.00 40 $ 25.00 12/19/2016 8 $ 35.00 40 $ 25.00 FUEL TOTAL $ $ $ $ $ $ $ $ $ BINS 6@550.00 $ INVOICE TOTAL NOW DUE: 1,280.00 1,280.00 1,280.00 1,280.00 1,280.00 1,280.00 1,280.00 1,280.00 175.00 3,300.00 $ Please contact the Urban Corps of San Diego County at the number below should you have any questions. Thank you for your prompt attention. "Learning, Earning & Consetving" P.O. BOX 80156,. SAN DIEGO, CALIFORNIA 92138-0156 o (619)_235-6884 • FAX (619)_235-5425 www.urbancorpssd.org 13,715.00 11 ,) II '1 I I ! I ! I' Ii Ii ii ii 1' ,! i! I! lj Ii Ii 1\ 11 1; Ii 1: 1' URBAN CORPS ·11111 , .... _, __ t '~· ; . SAN DIEGO COUNlY 'c~rtified Conservation Corps & Charter School Leaming, Earning and Conserving Since '1989 Contractor: Urban Gorps of San Diego County Project: Kelly Channel Clean Up Date: 9.16.16 Estimate Created by: Sam Lopez 562-310-2856 Client: City of Carlsbad Allen Edwards allen.edwards@carlsbadca.gov 760.434.2906 Address: 1200 Carlsbad Villiage Drive Carlsbad CA, 92008-1949 Scope of Work: Urban Corps will provide cleanup of the Kelly Channel property owned by a Carlsbad resident. The 3.65 acre property is adjacent to El Camino Real and just south of Kelly Drive. The portion of the property (approximately 1 acre) that needs to be cleaned up is a flood control channel which has become overgrown with native and non-native vegetation. In addition the property owner has constructed unpermilted sheds and fences in the channel and has accumulated a large amount of lumber and other junk and debris that must be removed to prevent future flooding adjacent to the channel. PROJECT DESCRIPTION Hours Days Hrly Rate Labor per day Labor -1-supervisor 8 hours regular time (3-weeks) 8 15 $35.00 Labor -5-corpsmembers, 8-hours per day (3-weeks) 40 15 $25.00 Supplies per day Units Days Daily Rate Fuel fee @ $25.00 per vehicle 1 15 $25.00 40-Yard Disposal Bins (8-Bins) 8 1 $550.00 Equipment per day Note: Note: Total Estimate 3127 Jefferson Street San Diego CA, 92110, P.O. Box 80156 San Diego, CA 92138, (619) 235-6884 {855) SD-CORPS Urban Corps is a 501 (c} (3} charitable organization, a Section 3 Business, and an Equal Opportunity Employer. Cost $4,200.00 $15,000.00 Cost $375.00 $4,400.00 $23,975.00 Federal Tax ID: 33-0352148. By contracting with the Urban Corps' Environmental SeNices Dept., you are helping to provide paid job training, education and environmental awareness to thousands of youth ages 18-25 as they strive to create a better life for themselves. . . EXHIBIT D I~ , ' J. /· \' i, I' RECO.RDING REQUESTED BY REco1mrl') "-T THE f:EQUEST OFi SAFf:CU II I LE INSURANC.!; ~ - AND WHEN RECORDED MAIL TO 0 983 8'7-042415 r-:;,iqrr•J~;;i I O~SAt~ Dl£GO COUNTY~CA. I 1 -7 N•M• Harold & Gail Stidolph 1987 JAN 2 ? AM 8:00 ADD.... 4814 Kelly Drive cm .. Carlsbad, Ca. 92008 LJVERA L. LVL£u COUNIY RECORDER &TATEL_ -I SPACE ABOVE THIS LINE FOR RECORDER'S USE ---- MAIL TAX 8TATl1M&NT9 TO l>m•111111·11t:11 \ lt.t11-.r1•r l." $, ~;;2• f!Jt:} . ADDRUi8 CtTY & STATE L_ _J P:S, Co111p111rd OIi foll \,illll' or p1np1•1I) ,·rn1\t•~rd. ur D 1:11111p11h-tl 1111 full \,al1w h• ..... 111·11 ... S. t•rw11111lirarH·1•, 1·Pm.1i11i11•! 1lw11·1111 at 1i11II' 11( -.alt·. ,"'i1~11.1lll14• ur 1l1•,·l.m111t ur .11,:1•111 1l1•lt•1111in111µ~{1{EC9f1J,qiju~· .~ L-1 [J ( 11i11rnr,.11ra11•1I ..,., •• , f:ily .. r C,/1-fU..,S ~b O :· -c., Grant Deed THIS FORM FURNISHED BV SECURITY TITLE INSURANCE COMPANY ;;).o?-/O/-o? FOR A VALUABLE CONSIDEHATION. receipt of whil'h is hereliy :u·kn1111 le,lgeil, L. R. Partnership, a limited partnership hereby GHANT(S) to Barold Dennis Stidolph and Gail Anne Stidolph, Husband and Wi.fe as Joint Tenants ihe following de,l'ribed renl property in 1he City of Carlsbad county of San Diego , stnle of California: See Exhibit A Exhibit A DESCRIPTION That portion of Lot "I" of Ranchi Agua 'fedionda, in the City of Carlsbad, 0:nmty of San Diego, State of California, according to Map thereof No. 823 file:! in the Office of the County Recorder of San Diego County, November 16, 1986, describe:! as follo'WS: Beginning at the Northwesterly corner of C3rlsbai Tract 71. 5 according to Mlp there:>£ No. 7292 filed in tre Office of tre 0:iunty Recorder of San Diego County, thy 31, 1972; thence along the Northerly boundary of said Map No. 7292 South 78° 24' 19" East 77.67 feet to an a~le point therein, being also an angle point in the Easterly boundary of land described in Parcel 1 in deed to L. R. Partnership, Ltd., recorde:I April 20, 1967 as File No. 54628; thence North 18° 32 1 12" East 989. 54 feet to Cl:>rner No. 8 of said Lot "I"; thence oontinuing North 18° 32' 12" Fast, 31,08 feet to a point on tre semi-tangent of that certain 700. 00 foot radius curve, concave Northeasterly, in the center line of O:lunty Road Suxvey No. 682 (El Camino Real) accordirg to Plat thereof on file in the Office of the Cbunty Slrveyor of San Diego County; thence along said semi-tangent North 41' 59' 43" West 234. 51 feet to the Northerly prolongation of the Easterly line of laguna Riviera Unit No. 1 according to Map thereof No. 5871 file:! in the Office of th:! County Recorder of San Diego Cbun ty, April 21, 196 7; thence along said prol oqg ation and said F.a sterely 1 ine South 12° 01' 22" West, 1120.93feet to tl-e Point of Beginning. E:,;:cepting therefrom that portion lying within !Dt -E'' of said Ranch togu.~ Hedionda. Also eitcepting therefran that portion describe:! i:l Parcel l 68458-A of deed to ere County of San Diego, recorded August 27, 1970 as File No. 155369, Official Records. Ind also excepting all oil, gas and other hyd roca:-::ions lying 500. 00 feet below tre surface of said lard, but with:iut right of en cry to remove th:! Sllll'le, as granted to Qirlsbad Bay Properties, Ltd., by deed recorde:l June 10, 1968 as File No. 963 83. ... ···::o ''" (") .O; ) i \· )· ' ,I ST.HE OF f'AI.IFOHN!h 1:0IINTY cw San Diego 011 December 15 1986 lirforr IOI". tlu• 11111lt>r,il,!lll'1I. :1 Nn1ury l'ulilir in 111111 for -..iii! I '1111111, 111111 S1u11•, ru•n.onnlly ;111111•111 .,.i Arthur Tony Howard-Jones . . N11111r ('l')pi•d ur P1111ll•1ll Nu1ury l'uhlir in uuil for ... ,id l'.011111y 111111 S1.11t· Tille Onlrr :'\o. 1.-1 (GS l I Rrv !i,57) 8 pl. ... ~~·fr · '.'""\' .•• l 984 ~-R. Pa~;i..¾"-·-j--··---ME-. -~ /~t-l~---Arthur Tony Hbward-Jones General Pa,,rt;n.e:c .. ____ .. _______ _ FOR NOTARY SEAL OR STAMP OFJ:ICIAL. SEAL DEB!llELJOHNSOII No1lu> Ptibll#•C<III, Prf/lC!pal 01Jloo In 011n Diogo County Mrcaffllllb:ton11XPA3Au;uG121, 11N. ' ,, -· rn. C)i O;' n-o c:: z\ ' ', ·-4, -< ... r-.