HomeMy WebLinkAbout2019-02-27 BOAA Agenda Packet Item 3IN THE MATTER BEFORE THE BOARD OF APPEALS & ADVISORS
OF THE CITY OF CHULA VISTA,
FINDINGS AND DECISION
ON A HEARING ON THE APPEAL OF A NOTICE AND ORDER TO VACATE,
1283 THIRD AVENUE, CHULA VISTA, CALIFORNIA AS AN UNSAFE
BUILDING AND A PUBLIC NUISANCE
The above entitled matter regarding notice and an order to vacate 128-33 Third Avenue, Chula Vista,
California as improperly occupied, an unsafe building and a public nuisance, in violation of
numerous sections of the Chula Vista Municipal Code, an appeals hearing was heard on January 23,
2019. The matter was heard by the Board of Appeals & Advisors of the City of Chula Vista at a
special meeting open to the public, which was properly and publically noticed as such. Appellant,
Nicholas Fehoko, did not appear. The following staff members were present for their respective City
of Chula Vista departments: Lou El-Khazen, Rosemarie Rice, Brian Catacutan, Dan Padilla and
Marisol Aguilera for the Code Enforcement Division; Justin Gipson for the Fire Department; and
Megan McClurg and Carol Trujillo, for the City Attorney's Office. The matter was recorded via an
audio recording device.
Mr. El-Khazen reviewed the appeals packet for staffs investigation, which was attached to the
agenda as Item 3. The appeals packet is available to the public and was provided in advance of the
meeting to Appellant and the Board members. Staff answered board members' questions about the
investigation and discussed components of the appeals packet. A board member asked whether
Appellant had contacted staff about the appeal hearing or to tell staff he would not attend the appeal
hearing, and staff responded no.
Having heard and considered all available evidence — that is, the appeals packet and staff statements
at the hearing -- the Board unanimously found, based on a preponderance of the evidence, that
Appellant's appeal is DENIED and the Notice and Order to Vacate is UPHELD.
The Board based its decision on staff s appeals packet, which is incorporated in its entirely with this
written decision. The Board upheld the determinations ofthe Building Official and the Fire Marshall.
Specifically, the Board concluded the building at 1283 Third Avenue in Chula Vista, California has
unpermitted construction and alterations, as noted in the appeals packet, which make this structure an
unsafe building. The Board also concluded, based on the appeals packet, that the building has
inadequate egress, which makes it a fire hazard. Lastly, the Board concluded that the building,
during the period noted in the appeals packet, was maintained as an unlawful marijuana business,
making it a public nuisance and a danger to human life.
Further, the Board finds that the appeal fee will be added to the City's costs of abatement/ vacation,
which will be billed to Appellant or levied and assessed against the property as a special assessment
lien. Pursuant to CVMC section 1.40.020.H, unless and until a timely request for judicial review is
filed, enforcement of the final decision may proceed in due course.
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Notice Pursuant to California Code of Civil Procedure Section 1094.6
Notice is hereby provided that Appellant may appeal this decision by filing an appeal in the San
Diego Superior Court pursuant to Government Code section 53069.4(b)(1) on or before the 901
day after this decision is served. This decision is deemed served on the date noted in the attached
Certificate of Mailing/Proof of Service.
By:
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Date:
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tiL tc\5 Chair
Board of Appeals & Advisors
Attachments:
1. Appeal packet for Item No. 3, 1283 Third Avenue
2. Certificate of Mailing/Proof of Service
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