cc 2023 AR 09/12 nuisance abatement at 1248 s santa fe — Vista City Council, September 12, 2023

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH1
Prepared by: Clarence Rich, Code Enforcement Manager Meeting Date: September 12, 2023 Approved by:

Imelda Huerta, Assistant to the City
Manager
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: NUISANCE ABATEMENT HEARING – 1248 S. SANTA FE AVENUE & ADJACENT VACANT

PROPERTY
RECOMMENDATION:

1.Open, conduct, and close a public hearing regarding the condition of the property at 1248 S. Santa Fe Avenue and adjoining vacant lot (APN 180-164-31 & 32-00).

2.Adopt City Council Resolution No. 2023- , declaring that the condition of the property at 1248 S. Santa Fe Avenue and adjoining vacant lot (APN 180-164-31 & 32-00), constitute a public nuisance and authorizing the City Manager to abate the public nuisance.

CORRELATION TO CITY COUNCIL GOALS: A Cleaner Vista
PRIOR ACTION: On August 22, 2023, opened and continued the public hearing to September 12, 2023 (Vote: 5-0).

STATEMENT ON THE SUBJECT: On August 22, 2023, this nuisance abatement public hearing item was brought forth to City Council and was continued to the September 12, 2023 meeting. The properties that are the subject of this hearing are 1248 S. Santa Fe Avenue, approximately 1.150 acres (assessor’s parcel number (APN) 180-164-31-00), and the adjoining vacant lot, approximately 0.770 acres (APN 180-164-32- 00). A Vicinity Map is included as Exhibit 5. Maintenance of the properties have affected the surrounding properties due to multiple violations in public view on the property, including encampments, graffiti and debris.

To correct the conditions of the properties, staff has made numerous contacts with the property owner/property manager, including verbal conversations, warnings, issuing Notices of Violations, Administrative Citations, and notifications of Public Hearing. Since April 21, 2023, Notice of Violations have been issued for encampments, trash/debris, and graffiti. Additionally, five Administrative Citations have been issued totaling $3,375 to date. Notice of Violations are attached as Exhibit 2; Administrative Citations are included as Exhibit 3.

The City has advised the property owner and property manager 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 AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved staff recommendation to take no further action.

Vote: 5-0

MEETING DATE: September 12, 2023 PAGE 2
SUBJECT: NUISANCE ABATEMENT HEARING – 1248 S. SANTA FE AVENUE & ADJACENT VACANT

PROPERTY
first-class delivery to the property owner (VMC section 8.36.100). Staff also notified the property owner/property manager of the continued public hearing date and re-posted the hearing notice at the site.

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 1248 S. Santa Fe Avenue and the adjoining vacant lot constitute a public 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(B).

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 Property at 1248 S. Santa Fe Avenue and adjoining vacant lot (APN 180-164-31 & 32-00) 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.

The City's Code Enforcement Officers have viewed 1248 S. Santa Fe Avenue and its adjoining lot on multiple occasions. It is their professional opinion that due to the current conditions, the sites are an unattractive nuisance and are out of harmony with surrounding properties that it lowers the enjoyment and use of the area. Property photos are attached as Exhibit 4 for reference. Accordingly, staff submits that the current state of these properties constitute a public nuisance as defined by Vista Municipal Code (VMC) Sections 8.36.030,8.36.040(B)(3), 8.36.040(B)(4), 8.36.040(B)(6) and 3.36.040(B)(8).. Unless and until the City Council declares 1248 S. Santa Fe Avenue and the adjoining vacant l a public nuisance, the properties will remain in their 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 secured property tax bills of the parcels.
09/12/2023 PH1 Page 2 of 48

MEETING DATE: September 12, 2023 PAGE 3
SUBJECT: NUISANCE ABATEMENT HEARING – 1248 S. SANTA FE AVENUE & ADJACENT VACANT

PROPERTY
EXHIBITS:

1.City Council Resolution No. 2023- , declaring that the condition of the property at 1248 S. Santa Fe Avenue and adjoining vacant lot (APN 180-164-31 & 32-00), constitute 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
09/12/2023 PH1 Page 3 of 48

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, DECLARING THAT THE CONDITION OF THE
PROPERTY LOCATED AT 1248 S. SANTA FE AVENUE AND ADJOINING VACANT LOT (APN 180-164-31 & 32-00), CONSTITUE 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 September 12, 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 1248 S. Santa Fe Avenue and its adjoining vacant lot (APN 180-164-31 & 32-00), 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 in violation of VMC 8.36.030, 8.36.040(B)(3), 8.36.040(B)(4), 8.36.040(B)(6) and

3.36.040(B)(8).and 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.). 09/12/2023 PH1 Page 4 of 48
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 September 12, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
09/12/2023 PH1 Page 5 of 48

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 4/20/2023. 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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

NUEVA VISTA 2018 LLC
PO BOX 4858
LAGUNA BEACH,CA 92652
April 21, 2023
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.

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 homeless encampment along rear wall
and clean up all trash/debris on the vacant lot.
05/05/2023
Violation and 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.09/12/2023 PH1 Page 6 of 48EXHIBIT 2

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 DON BLAHA at 760-643-5228. Please provide the case number CE23-0774 and the property address. We appreciate your cooperation in this matter.

Sincerely,

DON BLAHA

CODE ENFORCEMENT OFFICER II
C: All Interested Parties via First Class Mail09/12/2023 PH1 Page 7 of 48

NOTICE OF VIOLATION
RE:

APN:

Case Number:

Officer: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

NUEVA VISTA 2018 LLC
288842 WESTPORT
Laguna Niguel,CA 92677
April 21, 2023
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.

Remove homeless encampment along rear wall
and clean up all trash/debris on the vacant lot.
05/05/2023
Violation and Corrective Action Required: Compliance Date:Code Section:

EXPLANATION OF CONSEQUENCES:

If you have any questions, please contact DON BLAHA at 760-643-5228. Please provide the case number CE23-0774 and the property address. We appreciate your cooperation in this matter.

Sincerely,

DON BLAHA

CODE ENFORCEMENT OFFICER II
C: All Interested Parties via First Class Mail09/12/2023 PH1 Page 9 of 48

CODE ENFORCEMENT DIVISION
200 Civic Center Drive,Vista, CA 92084
760.639.6141
FAX 760.639.6136
www.cityofvista.com
An inspection of the above referenced property was conducted on 5/25/2023. 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:

May 25, 2023
Case Number:

Officer: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

NUEVA VISTA 2018 LLC
PO BOX 4858
LAGUNA BEACH,CA 92652
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.

V.M.C § 8.38.070 – Removal of Graffiti - It is unlawful for any person who is the owner of property, or who has
primary responsibility for control over property, or who has primary responsibility for the repair or maintenance of property, to permit property that has been defaced with graffiti to remain so defaced for a period of seven
calendar days after having been given notice of the
violation of this section. Pursuant 08.36.040(B); the
existence of any of the following conditions upon any
property shall be considered a public nuisance, a violation and unlawful condition: Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and visible from the street. For more information and/or assistance relating to graffiti, please contact the Graffiti Hotline at (760) 639-6177.

Remove graffiti from block wall.06/08/2023
Violation and Corrective Action Required: Compliance Date:Code Section:

EXPLANATION OF CONSEQUENCES:

If you have any questions, please contact DON BLAHA at 5228. Please provide the case number CE23-0774 and the property address. We appreciate your cooperation in this matter.

Sincerely,

DON BLAHA

CODE ENFORCEMENT OFFICER II
C: All Interested Parties via First Class Mail09/12/2023 PH1 Page 11 of 48

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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4493
May 25, 2023 8:20
A Notice of Violation for the above property was issued on April 21, 2023 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 5/23/2023 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:

NUEVA VISTA 2018 LLC
PO BOX 4858
LAGUNA BEACH,CA 92652
May 25, 2023
Code Section:Corrective Action Required: Comply By: Fee:

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 homeless encampment
along rear wall and in the field
.Clean up all trash/debris on the
vacant lot. Repeat violation.
1,000.0006/08/2023
Total Fine:$1,000.00
Payment is due on or before June 24, 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:

The City of Vista Municipal Code, Chapter 1.13 provides for the issuance of administrative citations for Municipal Continued on next page09/12/2023 PH1 Page 12 of 48EXHIBIT 3

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.

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 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 $1,000.00, 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-23-4493 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 5/25/2023. 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, 5/25/2023. 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.

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
Continued on next page09/12/2023 PH1 Page 13 of 48

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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4519
June 12, 2023 12:18
A Notice of Violation for the above property was issued on April 21, 2023 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 6/12/2023 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:

NUEVA VISTA 2018 LLC
288842 WESTPORT
Laguna Niguel,CA 92677
June 12, 2023
Code Section:Corrective Action Required: Comply By: Fee:

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 homeless encampment
along rear wall and in the field
.Clean up all trash/debris on the
vacant lot. Repeat violation.
1,000.0006/21/2023
Total Fine:$1,000.00
Payment is due on or before July 12, 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:

The City of Vista Municipal Code, Chapter 1.13 provides for the issuance of administrative citations for Municipal Continued on next page09/12/2023 PH1 Page 14 of 48

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.

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-23-4519 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 6/12/2023. 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, 6/12/2023. 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
Continued on next page09/12/2023 PH1 Page 15 of 48

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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4520
June 12, 2023 12:32
A Notice of Violation for the above property was issued on May 21, 2023 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 6/12/2023 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:

NUEVA VISTA 2018 LLC
288842 WESTPORT
Laguna Niguel,CA 92677
June 12, 2023
Code Section:Corrective Action Required: Comply By: Fee:

Remove graffiti from block wall. 125.0006/21/2023
Total Fine:$125.00
Payment is due on or before July 12, 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:

Continued on next page09/12/2023 PH1 Page 16 of 48

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 $125.00, 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-23-4520 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 6/12/2023. 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.

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

Continued on next page09/12/2023 PH1 Page 17 of 48

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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4544
June 27, 2023 9:43
A Notice of Violation for the above property was issued on April 21, 2023 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 6/27/2023 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:

NUEVA VISTA 2018 LLC
288842 WESTPORT
Laguna Niguel,CA 92677
June 27, 2023
Code Section:Corrective Action Required: Comply By: Fee:

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 homeless encampment
along rear wall and in the field
.Clean up all trash/debris on the
vacant lot. Repeat violation.
1,000.0007/07/2023
Total Fine:$1,000.00
Payment is due on or before July 27, 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:

The City of Vista Municipal Code, Chapter 1.13 provides for the issuance of administrative citations for Municipal Continued on next page09/12/2023 PH1 Page 18 of 48

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.

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-23-4544 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 6/27/2023. 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, 6/27/2023. 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
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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: DON BLAHA
CE23-0774
1248 S Santa Fe Avenue Vacant Lot
To Whom It May Concern:

Mailing Date:

Time of Citation:

Citation Number:AC-23-4543
June 27, 2023 9:35
A Notice of Violation for the above property was issued on May 25, 2023 granting a time frame to correct the violation. That time frame has now expired and a re-inspection was conducted on 6/27/2023 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:

NUEVA VISTA 2018 LLC
288842 WESTPORT
Laguna Niguel,CA 92677
June 27, 2023
Code Section:Corrective Action Required: Comply By: Fee:

Remove graffiti from block wall. 250.0007/07/2023
Total Fine:$250.00
Payment is due on or before July 27, 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:

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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 $250.00, 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-23-4543 on your check or money order. The citation may be appealed if paid in full within thirty (30) days from 6/27/2023. 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.

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

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1248 S. Santa Fe Avenue
August 11, 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 180-164-31-00 & 180-164-32-00
Print Date:0 30 6015
ft
09/12/2023 PH1 Page 48 of 48EXHIBIT 5

Vista City CouncilSeptember 12, 2023

Vista City Council
September 12, 2023