Notice of Violation on Real Property 2018-0411843RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074-0789
278-442-43-00
DOC# 2018-0411843
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Oct 03, 2018 11:16 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SE2 Atkins: $0.00)
(This space for Recorder's Use Only)
Gov. Code §27281.5
CITY OF POWAY
NOTICE OF VIOLATION ON REAL PROPERTY
(No Documentary Transfer Tax Due)
PAGES. 5
The real property located in the City of Poway, County of San Diego, State of
California, described as follows:
13822 Northcrest Ln.
Poway, CA 92064
APN: 278-442-43-00
Said property is located in the City of Poway. Property owner's name and address:
J T A REAL ESTATE HOLDINGS LLC
13822 NORTHCREST LN
POWAY CA, 92064
The City Manager's designee has determined that the property having the above legal
description has had improvements to the property, without valid permits being first obtained.
This is in violation of the Poway Municipal Code as listed below:
Poway Municipal Code, Ch. 15.02, 15.04; Sections 13.09.070(A)(1), 13.09.070 (A)(5),
16.56.010, 16.56.020, and 16.56.040. (Cases 17-0071, 17-0073 and 17-0074)
The record owner of the Property has been duly notified, and given an opportunity to
correct the violation.
Approved as to form:
0& WV7Uk
Alan Fenstermacher
City Attorney
City of Poway
in
City of Poway
Vf'E:VLSVAUS,Mayor CITY OF POWAY OF
G tv D
JOHN bfULLIN, Deputy Mayor 0W
CAYI.IN FRANK, Councilmember
DAVE GROSCH, Councilmember
BARRY LLONARD, Councilmember �s
`Sent via USPS certified mail, first class mail and posted
NOTICE AND ORDER TO ABATE NUISANCE
The City's records reveal that you own, occupy, possess or otherwise have an interest in the
property identified below. You are hereby informed that the Director of Development Services, as
designee of the City Manager of the City of Poway, has determined that condition(s) exist on your
property that pose a threat to the general health, safety and welfare of the public and that these are
deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on
your property violates the below -referenced PMC. As a result of the violation(s), the property is
deemed a public nuisance requiring abatement.
Said property is located at 13822 Northcrest Ln., in the City of Poway.
J T A REAL ESTATE HOLDINGS LLC
CHRISTOPHER D. DOUGHERTY
13822 NORTHCREST LN
POWAY CA, 92064
APN 2784424300
Case #17-0071
The following violation(s) of law has or have been determined to pose a threat to the general health,
safety and welfare of the public and constitute a nuisance at the property.
VIOLATION(S)
• Poway Municipal Code Section 16.56.010 - Unlawful to violate grading regulations,
grading without permits.
• Poway Municipal Code Section 16.56.020 — Violations of City grading regulations are
a public nuisance.
CORRECTIVE ACTIONS:
• Make progress toward issuance of grading permit for unapproved grading activity on your
property. Obtain all required permits and complete all required inspections with a "pass"
result.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on these
matters, in addition to other communications. Despite these Notices, the City has inspected your
property and determined that violations continue to exist. You are hereby ordered to take the
above described corrective action within thirty (30) days from the date of this Notice and
Order.
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074.0789
www.poway.org
Notice and Order — 13822 Northcrest Ln. — Case #17-0071
August 14, 2018
Page 2
You are hereby further advised of your right to an administrative hearing on this determination where
you may present evidence in your defense. Said hearing must be requested in writing to the City
Manager, within ten (10) days of the date the City mailed this notice to you.
You are also hereby notified that if violation(s) listed herein are not abated within the time specified,
the City may abate the nuisance and charge you the cost/fees of the abatement, including
administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof.
Moreover, if the costs of abatement are not timely reimbursed to the City, such amounts may be
assessed against the property and may be placed on the property's tax bill.
Additionally, pursuant to PMC section 1.08.010, if the aforementioned violation(s) or condition(s)
constituting a nuisance is/are not brought into compliance in a timely manner, you could also be
subject to a charge for a separate offense for each and every day during which this/these violation(s)
is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a
receivership), a criminal action, and/or issue of administrative citations for these continuing
violations.
We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue
and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or
amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance.
(California Health & Safety Code § 17980(d).) Moreover, we are hereby providing you notice that
is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for
reporting a violation.
Thank you for the anticipated cooperation in this matter. Should you have questions regarding this
matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or
dwelteppoway.org.
Dated: August 14, 2018
CITY ZOFWAY
By
Robert 0. Manis, Director of�velopment Services
APPROVED AS TO FORM:
(X U7t--
Alan Fenstermacher, City Attorney
Attached:
PMC Section 16.56.010, 16.56.020, and 16.56.040
STEVE VAUS, Mayor CITY OF POWAY
BARRY LEONARD, Deputy Mayor
JIM CUNNINGRAM, Councilmember
DAVE GROSCH, Councilmember
JOI IN MULLIN, Councilmember
* Sent via USPS certified mail and first class mail
NOTICE AND ORDER TO ABATE NUISANCE
You are hereby informed that the Director of Development Services, as designee of the
City Manager of the City of Poway, has determined that condition(s) exist on your property
that pose a threat to the general health, safety and welfare of the public and that these
are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the
condition on your property violates requirements for building permits and approvals. As
Said property is located at 13822 Northcrest Ln, in the City of Poway.
J T A REAL ESTATE HOLDINGS LLC
13822 NORTHCREST LN
POWAY, CA 92064
Assessor's Parcel Number 2784424300
Case # 17-0074
The following violations of law have been determined to pose a threat to the general
health, safety and welfare of the public and constitute a nuisance at the property:
VIOLATIONS:
• PMC Chapter 15.02 — Unlawful to violate technical codes, building, plumbing
and mechanical.
• PMC Chapter 15.04 — Permits, inspections and final approval required for all
construction.
• PMC Section 8.60.141 — Permit required to construct or repair septic system.
CORRECTIVE ACTIONS:
• Property owner must complete the following action for violation within ten (10) days
from the date of this Notice and Order:
1. Obtain all required permits for unpermitted improvements to home, including
detached garage, car port/shade structure, home additions/alterations/modifications, new
underground plumbing/gas and electrical.
2. Obtain all required permits for repairs or modifications to septic.
As you know, the City of Poway has previously sent you two (2) Notices of Violation on
these matters on April 18, 2017 and August 17, 2017 (Attachment 1). The past Notices
Notice and Order — J T A REAL ESTATE HOLDINGS LLC
11/08/17
Page 2
of Violations sent to you informed you of your responsibility to correct the violations that
exist on the property and that are described in this Notice and Order to Abate Nuisance.
This violation continues to exist on the property based on on-going visual inspections
conducted by the City's Code Compliance Staff. The City has informed you that it is
responsible for enforcing all provisions of Title 15 and 8 of the PMC.
You are hereby ordered to take the above described corrective action within ten (10) days
from the date of this Notice and Order or, alternatively, and within the same period of
time, to bring this property into conformity with the requirements of Chapter 15.02, 15.04
and Section 8.60.141 of Poway Municipal Code (PMC) (Attachment 2). You are hereby
advised of your right to an administrative hearing on this determination before the City
Manager or designated employee, where you may present evidence in your defense.
Said hearing must be requested, in writing to the City Manager within ten (10) days of the
date the City mailed this notice to you. You are also hereby notified that if said nuisance
is not abated within the time specified by the City, the City may abate the nuisance and
charge the cost of the abatement, including administrative costs thereof and reasonable
interest therefor, from the date of said abatement, to you. Moreover, if the City's costs of
abatement are not reimbursed to the City, such amounts shall be assessed to the
property.
Additionally, in accordance with General Penalty provisions of PMC, Section 1.08.010, if
the aforementioned violations or conditions constituting a nuisance are not brought into
compliance, you could also be subject to a charge for a separate offense for each and
every day during which this violation is continued, a civil action by the City seeking
remedies under state and federal law, and/or the issuance of citations under the City's
administrative citation process.
Should you have any questions regarding this matter, please contact Code Compliance
Officer Daniel Welte at (858) 668-4664 or dwelte@poway.org. Thank you for your
anticipated cooperation in this matter.
Dated: November 8, 2017
CITY OF OWAY
By ;411V � 114&q)
Rob rt . Manis,re to oUD elopment Services
APROVROVED AS TO FORM:
Moat fi L. oley, City ttorney
Attached:
1. Past Notice of Violation Letters
2. PMC Chapter 15.02,15.04 and Section 8.60.141