cc 2023 AR 08/22 nuisance abatement crest view road — Vista City Council, August 22, 2023

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH2
Prepared by: Clarence Rich, Code Enforcement Manager Meeting Date: August 22, 2023 Approved by:

Imelda Huerta, Assistant to the City
Manager
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: NUISANCE ABATEMENT HEARING – CREST VIEW ROAD VACANT PROPERTY (APN 179- 161-46-00)
RECOMMENDATION:

1.Open, conduct, and close a public hearing regarding the condition to a vacant property located at Crest View Road (APN 179-161-46-00).

2.Adopt City Council Resolution No. 2023- , declaring that the condition of the vacant property at Crest View Road (APN 179-161-46-00), constitutes a public nuisance and authorizing the City Manager to abate the public nuisance.

CORRELATION TO CITY COUNCIL GOALS: A Cleaner Vista
PRIOR ACTION: None.

STATEMENT ON THE SUBJECT: The property that is the subject of this nuisance abatement hearing is a vacant lot at 756 Crest View Road, approximately 0.28 acres (assessor’s parcel number (APN) 179-161-46- 00). A Vicinity Map is included as Exhibit 5. Maintenance of the property is affecting the surrounding properties due to violations in public view on the property, including debris accumulation and multiple inoperable vehicles stored on the property.

To correct the conditions of the property, staff has made numerous contacts with the property owner, including verbal conversations, warnings, issuing Notices of Violation, Administrative Citations, and notifications of Public Hearing. Since December 14, 2022, Notice of Violations have been issued noting that it is unpermitted to use the parcel for storage related purposes in a residential zone. All storage of vehicles on the property is to cease and all vehicles stored on the property are required to be removed.” Additionally, four Administrative Citations have been issued totaling $5,625 to date. Notice of Violations are attached as Exhibit 2; Administrative Citations are included as Exhibit 3.

The City has advised the property owner of this public hearing by providing a notice in the form required by Vista Municipal Code (VMC) section 8.36.080. The notice was also posted on the property at least 15 days prior to the public hearing (VMC section 8.36.090) and sent by certified mail and first-class delivery to the property owner (VMC section 8.36.100).

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-156. Vote: 5-0.

MEETING DATE: August 22, 2023 PAGE 2
SUBJECT: NUISANCE ABATEMENT HEARING – CREST VIEW ROAD VACANT PROPERTY (APN 179-161-46-00)
Summary of Abatement Process. Under VMC Chapter 8.36, the City Council may conduct a public hearing to consider all relevant evidence from all interested persons to determine whether the condition of the premises constitutes a nuisance and if so, to propose the rehabilitation, repair, or demolition of such premises. If the City Council determines that the premises at Crest View Road (APN 179-161-46-00) constitutes a nuisance, it may adopt a resolution setting forth its findings and ordering the property owner or other person having charge or control of such premises to abate such nuisance within 30 days of adoption of such resolution. If the owner fails to clean the premises, the City Manager shall be authorized to abate the public nuisance per VMC section 8.36.140(8)(2).

In the event the City is forced to abate the violations, the City Manager is required to report back to the City Council the cost of the abatement (VMC section 8.36.150(A)). The City Council may recover the City's cost of abating the nuisance by assessing the property owner with a special assessment against the property. The assessment will be placed on the property tax roll for collection (VMC section 8.36.170).

The Condition of the vacant property at Crest View Road (APN 179-161-46-00) Constitutes a Public Nuisance. Section 8.36.030 holds that "it is unlawful for any person owning, leasing, occupying, or having charge or possession of any premises in this city to maintain it in such a manner that a public nuisance exists upon such property as determined by the City pursuant to [Chapter 8.36]." A public nuisance exists when:

A)The maintenance or condition of the property is such that it endangers the life, limb, health, property, safety, or welfare of the public or occupants thereof, or constitutes a public nuisance as defined by Civil Code Section 3479 et seq.;
B)Maintenance of property in such condition as to become defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements; and C)Maintenance of premises is so out of harmony with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties.

Pursuant to Vista Development Code (VDC) Section 18.28.010 – Permitted Uses – Under the provision of V.M.C. 1.16.010, the city has the authority to enforce Title 18 Zoning, Section A, Violations. “No person, firm company, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any license, permit or other entitlement issued pursuant to this code.” Section B, “Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any license, permit or other entitlement issued pursuant to this code, shall be guilty of a misdemeanor, unless: 1. Such Requirement is classified as an infraction by the California Vehicle Code, this Code or any ordinance of the City. 2. The City Attorney or City Prosecutor authorizes the issuance of a citation charging an offence as an infraction. 3. After the filing of a misdemeanor complaint, the court, upon motion of the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction.” The property has a condition that is nonconforming with provisions in the City of Vista Development Code, Section 18.28.010 addressing the R- 1 Zone (Residential One Family Dwelling) Permitted Uses.

Pursuant to Vista Municipal Code (VMC) Section 8.36.040(B)(3), "Junk, Trash, and Debris – The existence of any of the following condition upon any property shall be considered a public nuisance, a violation and 08/22/2023 PH2 Page 2 of 45

MEETING DATE: August 22, 2023 PAGE 3
SUBJECT: NUISANCE ABATEMENT HEARING – CREST VIEW ROAD VACANT PROPERTY (APN 179-161-46-00)
unlawful condition: junk stored or accumulated contrary to the provisions of Chapter 8.28 of this code; garbage stored in such a manner as to constituted a fire, health or safety hazard, or to promote the propagation, harborage or attraction of vector of vermin or the creation of litter; packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or industrial building and visible from public or private streets.

Additionally, Pursuant to 8.36.040.(B)(12) – Outside Storage of abandoned vehicles/inoperable vehicles, it is unlawful for any person to abandon, park, store, or leaving of any licensed of unlicensed vehicle or part thereof which is an abandoned, wrecked, dismantled or inoperative condition upon any private property of such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk yard.

The City's Code Enforcement Officers have viewed the vacant lot on Crest View Road (APN 179-161-46- 00)on multiple occasions. It is their professional opinion that, due to the current condition, the site is an unattractive nuisance and is so out of harmony with surrounding properties that it is lowering the enjoyment and use of the area. Property photos are attached as Exhibit 4 for reference. Accordingly, staff submits that the current state of this property constitutes a public nuisance as defined by VMC Sections 8.36.030 and

8.36.040(8)(12). Unless and until the City Council declares the property a public nuisance, it will remain in its current state.

FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation. In the event the property owner fails to comply with the City Council’s order within the time directed in the resolution, staff will seek authorization from the City Manager to hire a contractor to abate the nuisance. The City may recover the cost of abating the nuisance by placing a special assessment against the properties and collect on the property taxes.

EXHIBITS:

1.City Council Resolution No. 2023- , declaring that the condition of the vacant property at Crest View Road (APN 179-161-46-00), constitutes a public nuisance and authorizing the City Manager to abate the public nuisance

2.Notice of Violations

3.Administrative Citations

4.Property Photographs

5.Vicinity Map
08/22/2023 PH2 Page 3 of 45

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, DECLARING THAT THE CONDITION OF THE VACANT PROPERTY AT CREST VIEW ROAD (APN 179-161-46-00), CONSTITUES A

PUBLIC NUISANCE AND AUTHORIZING THE CITY MANAGER TO ABATE

THE PUBLIC NUISANCE
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On August 22, 2023, the City Council of the City of Vista conducted a properly noticed public hearing pursuant to Chapter 8.36 of the Vista Municipal Code (VMC) to determine whether a public nuisance exists at a vacant property on Crest View Road (APN 179-161-46- 00), Vista, California (the “Property”).

B. At the hearing, the City Council received written and oral evidence concerning the conditions of the Property form all persons desiring to speak. At the conclusion of the hearing and consideration of all the evidence, the City Council found that the owner of the Property is storing inoperable vehicles on the property and debris has accumulated on the property, both of which are conditions which violate VMC section 8.36.030 and 8.36.040(B)(12), and therefore, the properties are a public nuisance as defined by these sections.

2. Action.

A. In view of the necessary findings heretofore made and considering the applicable law, the City Council hereby orders the persons owning or having charge or possession of the Property to abate the public nuisance as follows within 30 days from the date of posting of a copy of this resolution on the Property;
B. The City Manager is directed to cause a copy resolution with the Notice of Abatement to be posted on the Property and serve a copy pursuant to VMC 8.36.140(B).

C. In the event the person owning or having charge or possession of the Property fails to comply with this Resolution in a timely manner as set forth hereinabove, the City Manager is authorized to contract with a licensed contractor to abate the public nuisance and return the matter to the City Council for assessing the Property with a special assessment to collect the City’s cost of abatement (VMC section 8.36.150(A).) (VMC section 8.36.170). 08/22/2023 PH2 Page 4 of 45
EXHIBIT 1

RESOLUTION NO. 2023-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH1 2023 Resolution template -COV (00029213-8xBECB1) - Nuisance A.docx

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 22, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230814082720
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
08/22/2023 PH2 Page 5 of 45

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.643.5226
FAX 760.639.6136
www.cityofvista.com
An inspection of the above referenced property was conducted on 12/13/2022. In an effort to improve and restore the community, the City of Vista is actively enforcing the Vista Municipal and Development Codes. According to available records, you are listed as an owner or other interested party regarding this property. This Notice of Violation is submitted to you, requesting your cooperation in correcting the violations below.

NOTICE OF VIOLATION
RE:

APN:

Case Number:

Officer: Derek Clemente
CE22-2852
Crest View Rd(Apn:1791614400)
To Whom It May Concern:
49718

OZZIE BERNAL DEVELOPMENT AND SALE INC
815 SMITH DR
VISTA,CA 92084
December 14, 2022
The following violation(s) were observed during the property inspection, it is necessary to perform the corrective action(s) before the Compliance Date. Another inspection will be conducted on or immediately after the compliance date to verify compliance.

The City Attorney or City Prosecutor files a complaint
charging the offense as an infraction. 4. After the filing of a misdemeanor complaint, the court, upon motion of
the people, reduces the charge to an infraction, and the defendant does not object to having the case proceed
as an infraction. The property has a condition that is It is unpermitted to use the parcel for
storage related purposes in a residential
zone. All storage of vehicles on property is
to cease and all vehicles stored on the
property are required to be removed.
01/06/2023
Corrective Action Required:Compliance Date:Code Section:
08/22/2023 PH2 Page 6 of 45
EXHIBIT 2

nonconforming with provisions set forth in the City of
Vista Development Code Section 18.28.010 addressing
R-1 Zone (Residential One Family Dwelling) Permitted
Uses. Please contact the Planning Division at (760)
639-6100.

V.M.C. § 08.36.040 (B)(12) - Outside storage of
abandoned vehicles/inoperable vehicles - It is unlawful for any person to abandon, park, store, or leave or
permit the abandonment, parking, storing or leaving of
any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative
condition upon any private property or such property
not including highways within the City unless such
vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful
manner on private property in connection with the
business of a licensed dismantler, licensed vehicle
dealer or junkyard.

It is unpermitted to store any inoperable
vehicles on the property. Please remove all
inoperable vehicles on the property.
01/06/2023
Corrective Action Required:Compliance Date:Code Section:

V.M.C. § 08.36.040 (B)(3) - Junk, Trash, and Debris -
The existence of any of the following conditions upon
any property shall be considered a public nuisance, a
violation and unlawful Condition: (3) Junk stored or
accumulated contrary to the provisions of Chapter 8.28
of this code; (4) Garbage stored in such a manner as to constitute a fire, health or safety hazard, or to promote the propagation, harborage or attraction of vectors or
vermin or the creation of litter.... (6) Packing boxes, lumber, litter, dirt and other debris accumulated in
vestibules, doorways or the adjoining sidewalks or
outside commercial or industrial buildings and visible
from public or private streets.

Remove all trash, litter and debris observed
accumulating on parcel and in front of
property. Maintain and keep property free
of any trash, litter or debris.
01/06/2023
Corrective Action Required:Compliance Date:Code Section:

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 the City.

Failure to correct the violations above may result in an Administrative Citation for each violation/per day; criminal prosecution, the issuance of a Misdemeanor Citation, and/or other civil legal action including Abatement Proceedings being taken to ensure compliance with the applicable codes. If the City is forced to proceed with abatement proceedings, the owner(s) of record may incur direct costs. Any unpaid fines and/or costs may either be placed as a lien upon the property or submitted for collection.

EXPLANATION OF CONSEQUENCES:

The City of Vista Municipal Code, Chapter 1.13 provides for the issuance of administrative citations for Municipal Code violations. Each section violated is considered a separate offense with an independent fine. Each day any violation exists may be considered a separate offense. Fines are $125 for the first citation per violation, $250 for the second citation per violation, $500 for the third citation per violation, and $1,000 for any subsequent citation per violation within a 12-month period.

The City may deny building permits to repair or rehabilitate this structure if the structure and/or use is nonconforming to the City’s current General Plan and Development Code. All structure(s) shall conform to the provisions of the City’s General Plan and Development Code pursuant to Sections 18.06.100 and 18.06.140.

If you have any questions, please contact Derek Clemente at 760-643-5231. Please provide the case number CE22-2852 and the property address. We appreciate your cooperation in this matter. 08/22/2023 PH2 Page 7 of 45

Sincerely,
Derek Clemente
Derek Clemente
Senior Code Enforcement Officer
C: All Interested Parties via First Class Mail08/22/2023 PH2 Page 8 of 45

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.639.6141
www.cityofvista.com

ADMINISTRATIVE CITATION
Notice to Correct & Pay Fine
RE:

APN:

Case Number:

Officer: Derek Clemente
CE22-2852
Crest View Rd(Apn:1791614400)
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4316
January 24, 2023 8:09
A Notice of Violation for the above property was issued on December 14, 2022 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 1/21/2023 to verify compliance. As a result of the inspection it has been determined that, the property is still not in compliance with the applicable code(s) and the remaining violation(s) need to be corrected.

During that inspection, the following violation(s) were observed:
49718

OZZIE BERNAL DEVELOPMENT AND SALE INC
815 SMITH DR
VISTA,CA 92084
January 24, 2023
Code Section:Corrective Action Required: Comply By: Fee:

V.M.C. § 08.36.040 (B)(12) - Outside storage of
abandoned vehicles/inoperable vehicles - It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative
condition upon any private property or such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the
street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or junkyard.

It is unpermitted to store any
inoperable vehicles on the
property. Please remove all
inoperable vehicles on the
property.
125.0002/03/2023
V.M.C. § 08.36.040 (B)(3) - Junk, Trash, and Debris - The existence of any of the following conditions upon any
property shall be considered a public nuisance, a violation and unlawful Condition: (3) Junk stored or accumulated
contrary to the provisions of Chapter 8.28 of this code; (4) Garbage stored in such a manner as to constitute a
fire, health or safety hazard, or to promote the
propagation, harborage or attraction of vectors or vermin or the creation of litter.... (6) Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or
industrial buildings and visible from public or private Remove all trash, litter and debris
observed accumulating on parcel
and in front of property. Maintain
and keep property free of any
trash, litter or debris.
125.0002/03/2023
Continued on next page08/22/2023 PH2 Page 9 of 45EXHIBIT 3

streets.

V.D.C. § 18.28.010 – Permitted Uses - Under the
provisions of V.MC. § 1.16.010, the city has the authority to enforce Title 18 Zoning. A. Violations. No person, firm company, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this code or any adopted by reference herein, any ordinance
of the City, any rule or regulation promulgated pursuant thereto, or any condition of any license, permit or other entitlement issued pursuant to this code. B. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this code or any code adopted by reference herein, any ordinance of
the City, any rule or regulation promulgated pursuant
thereto, or any condition of any license, permit or other entitlement issued pursuant to this code, shall be guilty of a misdemeanor, unless: 1. Such Requirement is
classified as an infraction by the California Vehicle Code, this Code, or any ordinance of the City. 2. The City
Attorney or City Prosecutor authorizes the issuance of a citation charging an offense as an infraction. 3. The City Attorney or City Prosecutor files a complaint charging the offense as an infraction. 4. After the filing of a
misdemeanor complaint, the court, upon motion of the
people, reduces the charge to an infraction, and the
defendant does not object to having the case proceed as an infraction. The property has a condition that is
nonconforming with provisions set forth in the City of
Vista Development Code Section 18.28.010 addressing
R-1 Zone (Residential One Family Dwelling) Permitted
Uses. Please contact the Planning Division at (760)
639-6100.

It is unpermitted to use the parcel
for storage related purposes in a
residential zone. All storage of
vehicles on property is to cease
and all vehicles stored on the
property are required to be
removed.
125.0002/03/2023
Total Fine:$375.00
Payment is due on or before February 23, 2023 , to avoid further action;

ADDITIONALLY, PAYMENT OF THE FINE SHALL NOT EXCUSE FAILURE TO COMPLY, NOR SHALL IT BAR FURTHER ENFORCEMENT BY THE CITY.

EXPLANATION OF CONSEQUENCES:

FAILURE TO CORRECT VIOLATIONS:

Failure to comply with the above corrections may result in the issuance of another Administrative Citation per violation/per day; criminal prosecution, the issuance of a Misdemeanor Citation, and/or other legal civil action including Abatement Proceedings taken to ensure compliance with the applicable codes. 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 the City.

FAILURE TO PAY FINE:

Failure to pay the fine assessed by the administrative citation within the specified time may result in either a property tax assessment against the subject property in the amount of the fine and penalty or the fines may be forwarded to a Continued on next page08/22/2023 PH2 Page 10 of 45

collections agency selected by the City. The City also has the authority to collect all costs associated with the fine in civil court actions.

Additionally, there are numerous enforcement options that can be used to encourage the correction of violations. These options include, but are not limited to, abatement, criminal prosecution, and civil litigation. These options can empower the City to collect fines, demolish structures, make necessary repairs at the owner’s expense, and incarcerate violators.

The City may use any of these options if the administrative citation process does not achieve compliance.

HOW TO PAY THE FINE: The total fine amount is $375.00, and may be paid by mail or in person at the City of Vista Code Enforcement Division at the address above or online at www.cityofvista.com/admincitationpayment .

Payment may be made by credit card (additional service fee applies), personal check, or cashier’s check money order payable to the City of Vista. Please include the citation number AC-23-4316 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 1/24/2023. Payment of the fine and/or penalty shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.

RIGHT TO APPEAL: You have the right to appeal this administrative citation within thirty (30) calendar days from the date of mailing, 1/24/2023. An appeal must be made in writing to the Code Enforcement Division, 200 Civic Center Drive, Vista, CA 92084. An appeal will result in an administrative review before a Hearing Review Officer.

The Hearing Review Officer results will be available within ten (10) days of appeal submission.

Failure of any person to properly file a written appeal within thirty (30) calendar days shall constitute a waiver of his or her right to an administrative review or hearing, and shall constitute adjudication of the administration citation, or any portion thereof, and the total amount of the fine.

If you need further clarification, please call the Code Enforcement Division at (760) 643-5226.

I ACKNOWLEDGE RECEIPT OF THIS NOTICE
Printed Name Signature
Posted on Property Sent via U.S. Mail Acknowledgement of Receipt 08/22/2023 PH2 Page 11 of 45

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.639.6141
www.cityofvista.com

ADMINISTRATIVE CITATION
Notice to Correct & Pay Fine
RE:

APN:

Case Number:

Officer: Derek Clemente
CE22-2852
Crest View Rd(Apn:1791614400)
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4376
February 28, 2023 7:45
A Notice of Violation for the above property was issued on December 14, 2022 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 2/26/2023 to verify compliance. As a result of the inspection it has been determined that, the property is still not in compliance with the applicable code(s) and the remaining violation(s) need to be corrected.

During that inspection, the following violation(s) were observed:
49718

OZZIE BERNAL DEVELOPMENT AND SALE INC
815 SMITH DR
VISTA,CA 92084
February 28, 2023
Code Section:Corrective Action Required: Comply By: Fee:

V.M.C. § 08.36.040 (B)(12) - Outside storage of
abandoned vehicles/inoperable vehicles - It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative
condition upon any private property or such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the
street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or junkyard.

It is unpermitted to store any
inoperable vehicles on the
property. Please remove all
inoperable vehicles on the
property.
250.0003/10/2023
V.M.C. § 08.36.040 (B)(3) - Junk, Trash, and Debris - The existence of any of the following conditions upon any
property shall be considered a public nuisance, a violation and unlawful Condition: (3) Junk stored or accumulated
contrary to the provisions of Chapter 8.28 of this code; (4) Garbage stored in such a manner as to constitute a
fire, health or safety hazard, or to promote the
propagation, harborage or attraction of vectors or vermin or the creation of litter.... (6) Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or
industrial buildings and visible from public or private Remove all trash, litter and debris
observed accumulating on parcel
and in front of property. Maintain
and keep property free of any
trash, litter or debris.
250.0003/10/2023
Continued on next page08/22/2023 PH2 Page 12 of 45

streets.

It is unpermitted to use the parcel
for storage related purposes in a
residential zone. All storage of
vehicles on property is to cease
and all vehicles stored on the
property are required to be
removed.
250.0003/10/2023
Total Fine:$750.00
Payment is due on or before March 30, 2023 , to avoid further action;

ADDITIONALLY, PAYMENT OF THE FINE SHALL NOT EXCUSE FAILURE TO COMPLY, NOR SHALL IT BAR FURTHER ENFORCEMENT BY THE CITY.

EXPLANATION OF CONSEQUENCES:

FAILURE TO CORRECT VIOLATIONS:

FAILURE TO PAY FINE:

collections agency selected by the City. The City also has the authority to collect all costs associated with the fine in civil court actions.

The City may use any of these options if the administrative citation process does not achieve compliance.

HOW TO PAY THE FINE: The total fine amount is $750.00, and may be paid by mail or in person at the City of Vista Code Enforcement Division at the address above or online at www.cityofvista.com/admincitationpayment .

Payment may be made by credit card (additional service fee applies), personal check, or cashier’s check money order payable to the City of Vista. Please include the citation number AC-23-4376 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 2/28/2023. Payment of the fine and/or penalty shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.

RIGHT TO APPEAL: You have the right to appeal this administrative citation within thirty (30) calendar days from the date of mailing, 2/28/2023. An appeal must be made in writing to the Code Enforcement Division, 200 Civic Center Drive, Vista, CA 92084. An appeal will result in an administrative review before a Hearing Review Officer.

The Hearing Review Officer results will be available within ten (10) days of appeal submission.

If you need further clarification, please call the Code Enforcement Division at (760) 643-5226.

I ACKNOWLEDGE RECEIPT OF THIS NOTICE
Printed Name Signature
Posted on Property Sent via U.S. Mail Acknowledgement of Receipt 08/22/2023 PH2 Page 14 of 45

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.639.6141
www.cityofvista.com

ADMINISTRATIVE CITATION
Notice to Correct & Pay Fine
RE:

APN:

Case Number:

Officer: Derek Clemente
CE22-2852
Crest View Rd(Apn:1791614400)
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4391
9:45
March 14, 2023
A Notice of Violation for the above property was issued on December 14, 2022 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on March 14, 2023 to verify compliance. As a result of the inspection it has been determined that, the property is still not in compliance with the applicable code(s) and the remaining violation(s) need to be corrected.

During that inspection, the following violation(s) were observed:
49718

OZZIE BERNAL DEVELOPMENT AND SALE INC
815 SMITH DR
VISTA,CA 92084
Code Section:Corrective Action Required: Comply By: Fee:

V.M.C. § 08.36.040 (B)(12) - Outside storage of
abandoned vehicles/inoperable vehicles - It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative
condition upon any private property or such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the
street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or junkyard.

It is unpermitted to store any
inoperable vehicles on the
property. Please remove all
inoperable vehicles on the
property.
500.0004/07/2023
V.M.C. § 08.36.040 (B)(3) - Junk, Trash, and Debris - The existence of any of the following conditions upon any
property shall be considered a public nuisance, a violation and unlawful Condition: (3) Junk stored or accumulated
contrary to the provisions of Chapter 8.28 of this code; (4) Garbage stored in such a manner as to constitute a
fire, health or safety hazard, or to promote the
propagation, harborage or attraction of vectors or vermin or the creation of litter.... (6) Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or
industrial buildings and visible from public or private streets.

Remove all trash, litter and debris
observed accumulating on parcel
and in front of property. Maintain
and keep property free of any trash,
litter or debris.
500.0004/07/2023
08/22/2023 PH2 Page 15 of 45

It is unpermitted to use the parcel
for storage related purposes in a
residential zone. All storage of
vehicles on property is to cease
and all vehicles stored on the
property are required to be
removed.
500.0004/07/2023
Total Fine:$1,500.00
Payment is due on or before April 13, 2023 , to avoid further action;

ADDITIONALLY, PAYMENT OF THE FINE SHALL NOT EXCUSE FAILURE TO COMPLY, NOR SHALL IT BAR FURTHER ENFORCEMENT BY THE CITY.

EXPLANATION OF CONSEQUENCES:

FAILURE TO CORRECT VIOLATIONS:

FAILURE TO PAY FINE:

The City may use any of these options if the administrative citation process does not achieve compliance.

HOW TO PAY THE FINE: The total fine amount is $1,500.00, and may be paid by mail or in person at the City of Vista Code Enforcement Division at the address above. Payment may be made by credit card, personal check, or cashier’s check money order payable to the City of Vista. Please include the citation number AC-23-4391 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from March 14, 2023.

Payment of the fine and/or penalty shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.

RIGHT TO APPEAL: You have the right to appeal this administrative citation within thirty (30) calendar days from the date of mailing, March 14, 2023. An appeal must be made in writing to the Code Enforcement Division, 200 Civic Center Drive, Vista, CA 92084. An appeal will result in an administrative review before a Hearing Review Officer.

The Hearing Review Officer results will be available within ten (10) days of appeal submission.

If you need further clarification, please call the Code Enforcement Division at (760) 643-5226.

I ACKNOWLEDGE RECEIPT OF THIS NOTICE
Printed Name Signature
Posted on Property Sent via U.S. Mail Acknowledgement of Receipt08/22/2023 PH2 Page 17 of 45

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.639.6141
www.cityofvista.com

ADMINISTRATIVE CITATION
Notice to Correct & Pay Fine
RE:

APN:

Case Number:

Officer: Derek Clemente
CE22-2852
Crest View Rd(Apn:1791614400)
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4412
March 27, 2023 11:37
A Notice of Violation for the above property was issued on December 14, 2022 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 3/27/2023 to verify compliance. As a result of the inspection it has been determined that, the property is still not in compliance with the applicable code(s) and the remaining violation(s) need to be corrected.

During that inspection, the following violation(s) were observed:
49718

OZZIE BERNAL DEVELOPMENT AND SALE INC
815 SMITH DR
VISTA,CA 92084
March 27, 2023
Code Section:Corrective Action Required: Comply By: Fee:

V.M.C. § 08.36.040 (B)(12) - Outside storage of
abandoned vehicles/inoperable vehicles - It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative
condition upon any private property or such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the
street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or junkyard.

It is unpermitted to store any
inoperable vehicles on the
property. Please remove all
inoperable vehicles on the
property.
1,000.0004/07/2023
V.M.C. § 08.36.040 (B)(3) - Junk, Trash, and Debris - The existence of any of the following conditions upon any
property shall be considered a public nuisance, a violation and unlawful Condition: (3) Junk stored or accumulated
contrary to the provisions of Chapter 8.28 of this code; (4) Garbage stored in such a manner as to constitute a
fire, health or safety hazard, or to promote the
propagation, harborage or attraction of vectors or vermin or the creation of litter.... (6) Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or
industrial buildings and visible from public or private Remove all trash, litter and debris
observed accumulating on parcel
and in front of property. Maintain
and keep property free of any
trash, litter or debris.
1,000.0004/07/2023
Continued on next page08/22/2023 PH2 Page 18 of 45

streets.

It is unpermitted to use the parcel
for storage related purposes in a
residential zone. All storage of
vehicles on property is to cease
and all vehicles stored on the
property are required to be
removed.
1,000.0004/07/2023
Total Fine:$3,000.00
Payment is due on or before April 26, 2023 , to avoid further action;

ADDITIONALLY, PAYMENT OF THE FINE SHALL NOT EXCUSE FAILURE TO COMPLY, NOR SHALL IT BAR FURTHER ENFORCEMENT BY THE CITY.

EXPLANATION OF CONSEQUENCES:

FAILURE TO CORRECT VIOLATIONS:

FAILURE TO PAY FINE:

collections agency selected by the City. The City also has the authority to collect all costs associated with the fine in civil court actions.

The City may use any of these options if the administrative citation process does not achieve compliance.

HOW TO PAY THE FINE: The total fine amount is $3,000.00, and may be paid by mail or in person at the City of Vista Code Enforcement Division at the address above or online at www.cityofvista.com/admincitationpayment .

Payment may be made by credit card (additional service fee applies), personal check, or cashier’s check money order payable to the City of Vista. Please include the citation number AC-23-4412 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 3/27/2023. Payment of the fine and/or penalty shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.

RIGHT TO APPEAL: You have the right to appeal this administrative citation within thirty (30) calendar days from the date of mailing, 3/27/2023. An appeal must be made in writing to the Code Enforcement Division, 200 Civic Center Drive, Vista, CA 92084 or via email at [email protected]. An appeal will result in an administrative review before a Hearing Review Officer. The Hearing Review Officer results will be available within ten (10) days of appeal submission.

If you need further clarification, please call the Code Enforcement Division at (760) 643-5226.

I ACKNOWLEDGE RECEIPT OF THIS NOTICE
Printed Name Signature
Posted on Property Sent via U.S. Mail Acknowledgement of Receipt 08/22/2023 PH2 Page 20 of 45

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CREST VIEW RD (VACAN LOT)
August 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 50 feet
APN 179-161-46-00
Print Date:0 30 6015
ft
08/22/2023 PH2 Page 45 of 45EXHIBIT 5

Vista City CouncilAugust 22, 2023

Vista City Council
August 22, 2023