Escondido Planning Commission upholds notice to abate for 1004 North Ash Street; appeal denied 4-0

The Escondido Planning Commission on May 13 denied an appeal of a notice and order to abate a public nuisance at 1004 North Ash Street, adopting Planning Commission Resolution 2025-05 by a 4-0 vote.

The decision upholds a city-issued notice and order that stemmed from code compliance activity tied to unpermitted construction and other alleged violations at a single-family property with a detached accessory dwelling unit (ADU). Veronica Moronis, the city planner presenting the item, said staff recommended denying the appeal and upholding the notice and order.

Staff told the commission the property was originally altered in 2018 when a garage was converted to an ADU, and later modifications and new construction led to code-compliance inspections. Moronis said code compliance opened a case in late 2023 for observed work without required permits, an administrative citation was issued in February 2024, and a notice and order to abate a public nuisance was issued in 2025 after additional inspections and complaints.

The appellant and his attorney argued to the commission that the notice and order overstated conditions at the property. The appellant’s attorney said many of the items listed in the notice “did not exist,” and disputed the characterization of the property as an “unsafe structure.” The attorney also contended the city failed to provide the required proof-of-service declaration with the notice mailing and said, “He’s never received due service. He’s never been duly served.”

Neighbors who addressed the commission expressed frustration about the process and the cost to the property owner. One speaker, Rick Seiler, said the case had cost him “tens of thousands of dollars” and described the enforcement as a “waste of time.” The property owner’s son, William Ziler, told the commission the family had improved the property over many years and said the enforcement had caused family stress.

City staff acknowledged the appellant had completed or initiated many corrective steps. Moronis described actions taken since the April 8 continuance: a city inspection on April 29, a May 1 building permit application that is in plan check, and other follow-up. Staff said a few items remained outstanding: scheduling final inspections with the building division and code compliance, final inspection of demolition work to revert a converted garage back to storage consistent with an earlier permit, issuance of a building permit and final inspection for changing a window to an exterior door in the detached ADU, and installation inspection/permit for a water heater.

Assistant city counsel explained that the Escondido Municipal Code provides that failure to obtain required permits for construction or alteration of buildings or structures can constitute a public nuisance. Commissioners who spoke in support of denying the appeal said the record showed a multi-year enforcement process and that the commission’s role was to decide whether to deny or grant the appeal.

Chair Weiler moved to adopt Resolution 2025-05 denying the appeal and upholding the notice and order; Commissioner Speer seconded the motion. The recorded vote was Chair Weiler — yes; Commissioner Carrell — yes; Commissioner Jester — yes; Commissioner Speer — yes. The motion carried 4-0.

The commission and staff noted that the appellant may appeal the planning commission’s decision to the City Council. Staff also reiterated the outstanding administrative steps the appellant needed to complete for full compliance.

The public hearing closed after the vote amid audible outbursts from the audience. The record reflects multiple exchanges between the appellant, his attorney, staff and commissioners during a hearing that lasted more than two hours on the item.