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Home My WebLink AboutCT 72-21; Moray, Danyta S.; 2023-0329052; Notice of Violation/ReleaseJf RECORDING IS REQUESTED BY, THE CITY OF CARLSBAD CLERK'S OFFICE WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2023-0329052 111111111111 1111111111111111111111111 1111111111 IIIII ll1111111111111111 Nov 29, 2023 11 :11 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR THE RECORDER'S USE November 20, 2023 NOTICE AND ORDER TO VACATE & REPAIR SUBSTANDARD BUILDING AND ABATE PUBLIC NUISANCE VIA REGULAR, CERTIFIED MAIL AND POSTING Danyta S. Moray 3 105 Via Som bra Carlsbad, CA 92010 Legal Description: LOT 16 OF CARLSBAD TRACT 72-21 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP NO. 765 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 31, 1973 LEGAL NOTICE AND ORDER of the Building Official of the City of Carlsbad regarding: PROPERTY: 3 105 Via Sombra, Carlsbad, California 92010 APN: 167-330-22-00 You are hereby notified that based on numerous inspections conducted by representatives of the Code Enforcement Division and myself beginning on July I 0, 20 19, and continuing through November 3, 2023, the building at the above location continues to be substandard and constitutes a public nuisance pursuant to California Health and Safety Code (HSC), Sections 17920.3 A.14 Notice and Order to Repair and Vacate, 3105 Via Sombra SUMMARY The building on the subject property is a single-family residence consisting of3 bedrooms, 2.5 bathrooms, and a detached garage. The property is located within the P-C zone. No permitted improvements are on record. Numerous miscellaneous items were stored on the exterior and interior of the property, including but not limited to, inadequate sanitation; an accumulation of waste, trash, and debris; severe rodent infestation; and dampness ofrooms. Due to the condition of the dwelling, the property creates a fire, safety, and health hazard for the occupants of the prope1ty and to the neighborhood. VIOLATIONS FOUND DURING INSPECTION Health and Safety Code Violations: There are numerous violations that 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 ofrooms, 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: • Inadequate sanitation -Lack of, or improper water closet, lavatory, or shower in dwelling unit. HSC section l 7920.3(a)(l). Inadequate sanitation -Lack of, or improper kitchen sink. HSC section I 7920.3(a)(3). Inadequate sanitation - Lack of hot and cold running water to plumbing fixtures in a dwelling unit. HSC section I 7920.3(a)(5). Inadequate sanitation -Dampness of habitable rooms. HSC l 7920.3(a)(I 1). Inadequate sanitation -Infestation of rodents. HSC section I 7920.3(a)( 12). Inadequate sanitation -General Dilapidation. HSC section I 7920.3(a)(l4). Inadequate sanitation -Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. HSC section I 7920.3(a)(I 6). Faulty weather protection -Deteriorated loose plaster HSC section I 7920.3(g)(I). Materials or conditions constitute fire, health, or safety hazards -The rear, front, and side yards contain junk, debris, garbage, potentially combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. The interior of the house contains evidence of rat harborages. HSC section 1 7920.30). Unsafe building -Building is deemed unsafe due to inadequate maintenance and the totality of building-related violations in accordance with the latest edition of the Uniform Building Code. HSC section I 7920.3(k). 2 Notice and Order to Repair and Vacate, 3105 Via Sombra Unlawful placement of solid waste -Junk and debris are located throughout the rear-, side, and front yard area. This waste is not housed in the approved solid waste containers but is currently being stored in full exposure on the property. CMC section 6.08.100. Regulations for accumulation of junk-Junk has accumulated on the property for more than 30 days and remains exposed and not stored in opaque containers. Junk is strewn about on the rear patio area in an unsightly condition and constitutes a danger or potential danger to the public health, safety, or welfare of the occupants and neighborhood. CMC section 6.12.040. Nuisance -All of the aforementioned violations, taken together, constitute a nuisance as they collectively put the property in a condition that 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 cause harm to persons. CMC sections 6.16.010 and 6.16.015. As the owner of the property, you are hereby ordered to ex.pedjtjously have the structure vacated. You must also repair the violations existing at the prope11y and abate the public nuisance conditions pursuant to this Notice and Order. ORDER TO VACATE You are hereby notified that the building and premises located at 3105 Via Sombra, Carlsbad, CA 920 I 0, are substandard and a public nuisance. Pursuant to HSC section 17920.3, the Building Official is hereby notifying you that all occupants of the residential dwelling and the premises must be immediately vacated within 3 days of the posting of this notice. You shall not rent or lease the property to anyone, and you must not occupy the property until the residential unit is made habitable and brought into compliance with all state and municipal code regulations. ORDER TO REPAIR AND REMOVE ALL PUBLIC NUISANCE CONDITIONS You are hereby ordered to correct all violations by completing the following: No later than 30 calendar days from the date of this Notice and Order, you must correct all aforementioned violations and abate all nuisances, and maintain the prope11y free of non- incidental storage, waste, trash, and debris. An inspection will be scheduled on December 20, 2023, to verify compliance with this Notice and Order. If the City requests corrections or additional documentation, you must submit the items requested within 7 calendar days after any such request. 3 Notice and Order to Repair and Vacate, 3105 Via Sombra 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 notify 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 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. 4 Notice and Order to Repair and Vacate, 3105 Via Sombra FAILURE TO COMPLY WITH TIDS 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 I 7980.7(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. Any person having any record title of legal interest in the above-referenced prope1ty may appeal this Notice and Order or any action of the Building Official to the Board of Appeals, pursuant to Carlsbad Municipal Code Section 18.04.055. Such an appeal must be made in writing and filed with the City Clerk's Office within IO days of the date this Notice and Order is issued, which is the day that this Notice and Order is mailed via certified mail. The written appeal must specify the reasons for the appeal, together with an appeal fee established by resolution of the city council. Failure to properly and timely file an appeal will constitute a waiver of all rights to an administrative hearing and determination of th is matter. If you have any questions regarding this Notice and Order, please contact Assistant Director of Community Development Mike Strong at (442) 339-2721, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays, or in writi ng at City of Carlsbad, 1635 Faraday Ave., Carlsbad, CA 92008. Respectfu I ly, Corrie Kate Acting ilding Official Cit Carl sbad 5 Notice and Order to Repair and Vacate, 3105 Via Sombra