From: Tara Santora
To: City Clerk
Cc: RYAN BALLANTYNE
Subject: Ongoing Enforcement Matter On Playa Riviera Drive Date: Tuesday, August 25, 2026 1:26:33 PM
CAUTION: External Email. Do not click any links or open attachments unless you recognize the sender, verified their email address, and know the content is safe.
Hello,
We are going to be attending tomorrow’s council meeting in person regarding this matter but it was suggested that we also send this information in writing for the record.
This is in regard to the ongoing code-enforcement matter of the rural residential property at the end of our street, Playa Riviera Drive.
The City has already issued a stop-work order related to unpermitted activity on this property, yet the violations and residential use of RVs on the property continue.
We are asking the City to enforce its existing orders and apply the same enforcement standards it has applied in comparable residential cases.
Encinitas Municipal Code Chapter 1.08 provides that violations constitute a public nuisance, that each day a violation continues is a separate offense, and that no lapse of time legalizes a violation.
The City’s own Code Enforcement procedures provide an escalation path that includes administrative citations, recorded notices, abatement proceedings, liens, and referral to the City Attorney for injunctive relief.
There is also documented Encinitas precedent. In People v. Braun, the City pursued civil enforcement against a residential property owner who maintained unpermitted construction and an unlawful dwelling use after being given an opportunity to comply. The City ultimately obtained an injunction requiring compliance.
We respectfully ask the Council and Development Services to clarify:
Why are the existing violations and RV occupancy being allowed to continue after a stopwork order, and what specific enforcement and abatement steps will the City take—and on what timeline—to bring this property into compliance?
We are not asking for special treatment. We are asking for consistent enforcement of the City’s existing zoning, building, and public-nuisance regulations.
Thank you.
Ryan and Tara Ballantyne
Sent from my iPhone
From: Brianna Vogelzang
To: City Clerk
Subject: City Council Speaking Submission l Unpermitted Work @ Playa Riviera Drive Date: Tuesday, August 25, 2026 2:55:40 PM
CAUTION: External Email. Do not click any links or open attachments unless you recognize the sender, verified their email address, and know the content is safe.
This email contains a link that cannot be inspected for phishing or viruses. Consider verifying the email's authenticity with the sender using your organization's trusted contact list before replying or taking further action
Secured by Avanan
Dear City Clerk,
Please accept the following written public comment for inclusion in the record for tomorrow evening’s City Council meeting regarding the ongoing code enforcement matter involving the RR-2 zoned parcel at the end of Playa Riviera Drive.
Public Comment:
I’m writing regarding the RR-2 zoned parcel at the end of our street and the ongoing unpermitted activity and apparent residential occupancy occurring there.
Neighbors have already reported this matter through the City’s Code Enforcement process, and the City has issued a Stop Work Order. We have also been in direct contact with Bryant Jemison in Code Enforcement, and we understand the matter has been referred to or is being handled in coordination with the District Attorney’s Office.
Despite these enforcement efforts, activity at the property has continued, and people appear to be living in RVs on the parcel.
We are asking the City Council to help ensure that the existing Stop Work Order is actually enforced and that the property is brought into compliance with the uses permitted in the RR-2 zone.
We would also like the City to review how it has handled similar RR-2 or rural residential properties involving unpermitted construction, unlawful occupancy, RV habitation, or violations of Stop Work Orders, so that enforcement here is consistent with City precedent.
Specifically, we are requesting:
1. Confirmation of the current enforcement status and what violations remain outstanding;
2. Clarification as to whether residential occupancy of the RVs is permitted under the parcel’s zoning and current condition;
3. An explanation of what enforcement action is available when activity continues after a Stop Work Order;
4. A review of comparable prior Code Enforcement cases and how the City resolved them; and
5. A clear timeline and next steps for bringing this property into compliance.
We appreciate the work Code Enforcement has already done. Our concern is that despite a Stop Work Order, the underlying activity and occupancy appear to be continuing. We are asking the City to ensure its existing orders are enforced consistently and that this situation is resolved.
Please confirm receipt and that this comment will be included in the public record for tomorrow’s meeting.
Pictures below:
FullSizeRender.jpeg
IMG_5415.jpeg
Thank you,
Brianna Vogelzang
Cardiff-by-the-Sea resident