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Item 3.2 - Reso Confirming Prop. Cond. Constitute Violation & Public Nuisance 13822 Northcrest Lane
DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT April 16, 2019 Honorable Mayor and Members of the City Coun ,1ARobert Manis, Director of Development Services r \t David DeVries, City Planner \_)-q,\) (858)668-4604 / ddevries@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. Resolution Confirming that the Conditions on the Property at 13822 Northcrest Lane Constitute Violations of the Poway Municipal Code and Upholding the issuance of Administrative Citations by Code Compliance staff (Case No. 17-0071 & 17-0074), and Declaring that the Property Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violation, as well as authorizing legal action by the City Attorney. The hearing on this item is being held pursuant to Chapter 8. 72 and 1.10 of the Poway Municipal Code (PMC) for the purpose of determining whether the unapproved grading and unpermitted detached garage and home improvements on the property at 13822 Northcrest Lane (APN 278-442-43) constitute violations of the PMC and whether the Administrative Citations No. 645 and 646 should be upheld. The owner of the property is Christopher D. Dougherty (JTA Real Estate Holdings, LLC). Should the City Council find that violations on the subject property exist and that the appealed citations were lawfully issued, staff recommends that the City Council uphold the citations and declare that the property constitutes a public nuisance and order the property owner to abate the violation. Should the owner fail to timely remedy the public nuisance conditions, the City Attorney may move forward with appropriate legal action to bring the subject property into compliance. Other administrative code compliance remedies allowed in the PMC may occur in order to ensure compliance. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding that the conditions on the property constitute violations of the PMC, upholding Administrative Citations (No. 645 & 646), declaring that the conditions on the prope rty constitute a public nuisance, ordering that the property owner abate the nuisance, and authorizing the City Attorney to initiate appropriate legal action if the owner fails to timely remedy the public nuisance conditions. Discussion On February 16, 2017, Code Compliance staff addressed a concern on an adjacent property related to fence height when staff observed dirt hauling trucks and heavy equipment operating at 13822 Northcrest Lane. A location map of the prope rty is included as Attachment 8. Upon further 1 of 62 April 16, 2019, Item #3.2 Code Compliance — 13822 Northcrest Lane April 16, 2019 Page 2 investigation, Code Compliance staff observed an extensive grading project in the rear and side yard, with movement, stockpiling and importation of dirt. Staff estimates there was approximately 1,000 cubic yards of earthwork conducted on-site without permits, including grading within an approximate 3,500 square feet area on the west side of the house, within an approximate 3,200 square feet area north of the house where the pool was demolished and within an approximate 1,000 square feet area off-site on the property to the adjacent north. Staff confirmed with Engineering Inspection staff that no permitted active grading projects were occurring on the subject property. Staff issued a Code Compliance Stop Work Notice for the unapproved grading activity (Attachment C) and a grading violation enforcement case was opened (Case No. 17- 0071). On February 17, 2017, Code Compliance and Engineering Inspection staff returned to the subject property to deliver a copy of an Engineering Stop Work Notice (Attachment D). While on-site, staff noted evidence of new construction and possible alterations to buildings on the property. Staff opened a separate enforcement case for investigation relating to the improvements to buildings on the property without permits (Case No 17-0074). Staff reviewed County and City building records. It was concluded that there were unpermitted improvements to the home, including remodel construction, additions and conversions of patio space to living areas. The Deputy Building Official noted fire, life and safety concerns associated with exiting from bedrooms into the unpermitted patio enclosure (direct access to outside required). Staff also noted evidence of a detached garage built without permits, which was later expanded without permits. Site conditions also indicated that the home's septic system was exposed through grading and improvements may have been done, and as a result, the County Department of Environmental Health requires a septic review and potentially a septic permit. Staff noted that a pool was built in 1976 under a County of San Diego permit. Aerial images also showed a pool in the rear yard, behind the home (Attachment E). Subsequent excavation activity associated with the unlawful grading appears to have eliminated the pool structure from the rear yard, and the extent of grading had impacted areas beyond the original footprint of the existing pool including areas onto a neighboring property. Staff did not find a corresponding pool demolition permit on file. Per building code, a demolition permit is required prior to demolition of a pool. On February 21, 2017, the property owner attempted to apply for permits to construct a new pool and pool house in the rear yard of the property. Staff denied the application and instructed the owner to make progress toward acquiring a grading permit to legalize the unpermitted grading prior to submitting for this new project. The PMC states that new permits for construction shall not be issued when a grading violation exists on the property (PMC Sections 15.02.080 and 16.56.050). On March 1, 2017, the property owner attempted to apply for a Building Permit for a retaining wall. Staff denied the application and instructed the owner to make progress toward acquiring a grading permit prior to submitting for this new project. The property owner provided a grading geotechnical engineering report to staff. The report dictated that the scope of the grading on the property was limited to a pool demolition. Staff reviewed the report and disagreed with its findings, as the actual site conditions conformed to that of a larger, and more extensive project than demolition of the existing pool (visible in aerial images). In an email communication with the property owner (Attachment F), staff stated the grading conditions did not conform with a pool demolition project, and Mr. Dougherty was instructed to submit plans for the unpermitted grading 2 of 62 April 16, 2019, Item #3.2 Code Compliance — 13822 Northcrest Lane April 16, 2019 Page 3 activity A grading permit application, G 17-0006, was received on April 19, 2017. Engineering staff conducted two reviews on April 19, 2017, and September 14, 2017. Reviews were promptly completed, and written correction responses were made available to the permit applicant Attachment G). To date, the corrections have not been addressed. Additional options were explored with Mr. Dougherty including restoring the grades back to original conditions. Code Compliance staff issued two Stop Work notices, two Notices of Violation and a Notice and Order to Abate Nuisance for the grading violation (Attachment H). For the building code violations, staff issued a Courtesy Notice letter, two Notices of Violation and a Notice and Order to Abate Nuisance (Attachment 1). After issuance of the Notice and Order to Abate Nuisance for grading, the property owner sent a written response to the Director of Development Services that detailed an explanation for the lack of progress toward grading permits (Attachment J). Among other claims, the owner stated that his finances were exhausted, and that he does not intend to proceed with progress toward permits. As this enforcement action progressed, staff noted several instances where the property's Stop Work condition was violated by new construction activity. On March 27, 2017, City staff noted construction of a retaining wall, and on October 19, 2017 a newly built carport. Upon being issued another Code Compliance Stop Work Notice for the retaining wall, the property owner contacted Engineering staff and subsequently received approval to proceed with completion of the retaining wall with limitations. City staff included a directive in the Notice and Order to Abate Nuisance (for building code violations) to remove the carport structure or acquire permits. Staff verified removal of the carport during a site inspection, but also noted that a new dirt pad was created in the location of the removed carport, which constituted a violation of the Stop Work condition for grading. On January 24, 2019, Code Compliance staff followed a dirt hauling truck and observed it delivering additional loads of imported fill dirt onto the property, which constituted another violation of the City imposed Stop Work condition for grading. Stop Work notices prohibit any work on the property that would require a permit until code violations are resolved, with some exceptions upon seeking prior approval from staff. On October 3, 2018, staff was made aware that the property owner was considering sale of his property. Due to the unresolved code violations on the property, staff recorded a Notice of Violation against the property title (Attachment K). A copy of the recorded notice was sent to the property owner by US Mail. In response to the recorded Notice of Violation, the property owner requested a meeting with staff. On October 24, 2018, Planning, Code Compliance, Engineering and Building Services staff met with the property owner on his property. The owner allowed a visual inspection of the conditions on his property and within his home, so that staff may fully ascertain the scope of necessary permits to clear the code violations on his property. A summary of code violation observations by Building Services staff was made available for this report (Attachment L). Determinations were facilitated by review of photos located on the internet from the most recent sales listing for the property, which detailed the original condition of the home and property, prior to the most recent remodeling and improvements. Additionally, visual observations by Engineering Staff discovered that the grading and excavation had likely crossed the northern property line and onto an adjacent property. The property owner was directed to consult a licensed engineer and designer and provide a revised timeline to submit plans and bring the property into compliance. To date, City 3 of 62 April 16, 2019, Item #3.2 Code Compliance — 13822 Northcrest Lane April 16, 2019 Page 4 staff has not received a timeline, despite conversations with Mr. Dougherty's contract engineer who showed an eager willingness to correct the violations with the appropriate plans and specifications. On December 7, 2018, Code Compliance staff issued two Administrative Citations: Citation No. 645,in the amount of $100 for the building code violations on the property, and Citation No. 646, also with a $100 fine amount, for the unlawful grading activity on the property (Attachment M). On December 20, 2018, the property owner submitted a written appeal request for the citations accompanied with a Hardship Waiver request form (Attachment N). Poway Municipal Code Chapter 1.10 requires that any request for appeal shall be accompanied with a full payment of the citation fine amount to Customer Services or the appellant may submit a Hardship Waiver to request an exception for the requirement to pay the citation fines prior to scheduling an appeal hearing. A written statement included with the appeal request informed staff that the owner would not continue resolving the code violations on his property due to financial constraints, and that Mr. Dougherty intends to initiate Chapter 11 bankruptcy proceedings (Attachment O). The property owner provided correspondence from his attorney as additional evidence of bankruptcy proceedings (Attachment P). The City Attorney has opined that the bankruptcy proceedings do not affect a City's ability to continue or initiate code compliance remedies and jurisdictions are allowed to exercise "police powers" to correct code violations in these situations. On January 29, 2019, the City Manager reviewed and denied the property owner's Hardship Waiver request, as Mr. Dougherty did not meet the minimum eligibility criteria (insufficient funds and/or no property ownership). A notice of denial letter was mailed to the property owner on January 30, 2019 (Attachment Q). The property owner submitted payment of the citations within the necessary deadline to allow for an appeal hearing. As some of the violations pertain to violations of California Building Code, the requested administrative appeal hearing must be heard by an "Appeals Board," and not a sole hearing officer or staff person. Poway Municipal Code Chapter 2.20 deems the City Council as the City's "Appeals Board." Accordingly, this hearing matter has been scheduled for City Council consideration and action. In addition to the appeal itself, staff further recommends that the City Council declare the property to be a public nuisance, which would enable the City to obtain inspection and abatement warranty without further City Council action. Other administrative code compliance remedies allowed in the PMC may occur in order to ensure compliance including administrative citations and fines, criminal citations and abatement of dangerous building proceedings. Case photographs are provided as Attachment R and a Case Chronology is provided as Attachment S. If the City Council should find that violations exist on the subject property, staff recommends that the City Council uphold staff's issuance of the Administrative Citations, declare that the property constitutes a public nuisance and order the property owner to abate the violations and bring the property into compliance. If the owner fails to timely remedy the public nuisance conditions, the City Council authorizes staff to secure an abatement warrant and abate the violations by civil action, receivership, criminal complaint, and/or use of abatement contractor, as well as additional Administrative Citations. All costs of the abatement and the City's enforcement actions will be recorded, itemized and, if the owner refuses or fails to timely reimburse the City for such expenses, staff will return to the City Council to confirm the costs and then lien the property or record a special assessment to recoup all of the City's costs and fees. 4 of 62 April 16, 2019, Item #3.2 Code Compliance — April 16, 2019 Page 5 13822 Northcrest Lane Environmental Review: This item is not a "Project' pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: If abatement or legal action is conducted by the City, the costs/fees of the abatement, plus an administrative fee, will be assessed to the property owner via a lien and/or a special assessment. Public Notification: A public notice was published in the Poway News Chieftain on April 4, 2019 and a copy of this report was sent to the property owners. A copy of the notice was posted at the property. Attachments A. Resolution Upholding the Director's decision to issue a Notice and Order to Abate Nuisance (Pg. 6) B. Location Map (Pg. 10) C. Code Compliance Stop Work Notice — Grading (Pg. 11) D. Engineering Stop Work — Grading (Pg. 12) E. Aerial images of the property (Pg. 13) F. Engineering staff response to owner regarding geotechnical report (Pg. 15) G. Plan review correction notices to application, grading permit review G17-0006 (Pg. 16) H. Copy of Notices of Violation and Notice and Order—grading (Pg. 20) I. Copy of Courtesy Letter, Notices of Violation, and Notice and Order to Abate Nuisance building code violations (Pg. 24) J. Letter from owner to staff (Pg. 32) K. Notice of Violation recorded with the County Recorder (Pg. 33) L. Email from Building Services detailing building code violation observations (Pg. 38) M. Administrative Citations No. 645 and 646 (Pg. 39) N. Request for appeal and Hardship Waiver Affidavit (Pg. 41) O. Letter from property owner to staff with request for appeal (Pg. 44) P. Property owner attorney correspondence regarding bankruptcy (Pg. 45) Q. Notice of denial letter of Hardship Waiver (Pg. 53) R. Case photos (Pg. 56) S. Chronology of case (Pg. 60) Reviewed/Approved By: Wendy Kaserman Assistant City Manager 5 of 62 Reviewed By: Approved B : ` 5a Alan Fenstermacher Tina M. White City Attorney City Manager April 16, 2019, Item #3.2 RESOLUTION NO. P -19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 13822 NORTHCREST LANE POWAY, CALIFORNIA CONSTITUTE VIOLATIONS OF THE POWAY MUNICIPAL CODE AND UPHOLDING DEVELOPMENT SERVICES DEPARTMENT'S DECISION TO ISSUE CITATIONS AND ORDERING THE PROPERTY OWNER TO ABATE NUISANCE WHEREAS, inspections of the premises at 13822 Northcrest Lane, Poway, California, with Assessor Parcel Number 278-442-43 ("Property') have been repeatedly conducted by City of Poway ("City') personnel; WHEREAS, said inspections reveal violations of the Poway Municipal Code exist on the Property; WHEREAS, City personnel have observed violations of Section 8.60.141, 15.02.010, and 15.02.040 of the Poway Municipal Code by failing to acquire the necessary permits and approvals for detached garage, home remodel, additions/conversions to home, and necessary septic reviews; WHEREAS, City personnel have observed violations of Sections 16.56.010 and 16.56.020 of the Poway Municipal Code by conducting grading activity and failing to obtain the necessary permits and approvals; WHEREAS, City personnel have observed a violation of Chapter 8.72 of the Poway Municipal Code by documenting multiple conditions that constitute a public nuisance, and may be declared by the City Council; WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the Property owners, including issuing violation notices on March 29, 2017, April 18, 2017, August 17, 2017, May 2, 2018 and May 12, 2019, Notice and Orders to Abate Nuisance on November 8, 2018 and August 14, 2018, and Administrative Citations on December 7, 2018, demanding compliance; WHEREAS, the City has responded to the property owners request for an Appeal Hearing in response to the Administrative Citations; WHEREAS, Section 8.72.020 of the Poway Municipal Code defines a nuisance as follows: A "nuisance" includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution or policy, or any condition within the City found to be potential threat to the general health, safety and welfare of the public. WHEREAS, California Civil Code Section 3480 provides that "[a] public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable 6 of 62 ATTACHMENT A April 16, 2019, Item #3.2 Resolution No. P -19 - Page 2 number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;" WHEREAS, California Health & Safety Code Section 17980.10 provides that upon the City Council adopting a Resolution determining that a property constitutes a public nuisance, the City acquires jurisdiction to abate any such violation; and WHEREAS, a public hearing was held before the City Council on April 16, 2019, where evidence has been presented before the City Council, and all interested parties were provided notice and an opportunity to be heard on the issue of whether the conditions present at the Property constitute ongoing violations of the Poway Municipal Code, and whether the conditions on the Property constitute a public nuisance. NOW, THEREFORE, based on the written documents and oral testimony presented at the hearing, the City Council of the City of Poway resolves as follows: Section 1: The City Council finds that this action is not subject to review under the California Environmental Quality Act (CEQA). The determination of a public nuisance is not a project in accordance with CEQA guidelines. Section 2: The foregoing recitals are true and correct, and the City Council so finds and determines. Section 3: The City Council denies the appeal and finds and declares that the Director of Development Services decision to issue Administrative Citations to the property owners was appropriate, justified and staff may continue enforcement action. Section 4: The City Council further finds and declares that the conditions on the Property described in the recitals each present a danger to the health, property, safety, and welfare of the public and therefore constitute a public nuisance as defined in California Civil Code section 3480 and the Poway Municipal Code: (1) failing to acquire the necessary permits and approvals for a detached garage, new additions of and conversions of patios to habitable areas, as well as home remodel construction; (2) failing to complete all necessary septic reviews triggered by new construction activity; and (3) failing to acquire all necessary permits for unapproved grading and excavation activity. Section 5: The City Council orders the owner of the Property to abate the nuisances within thirty (30) days by bringing the Property into compliance with the provisions of the Poway Municipal Code cited in the recitals. Following completion of the aforementioned corrective work and within the same thirty (30) day period, the owner of the Property shall have the City inspect the Property to verify compliance. Section 6: A copy of this resolution of the City Council affirming the issuance of the Notice and Order to Abate Nuisance and subsequent Administrative Citations and ordering abatement shall be served upon the owners of the Property. The service shall be made both by registered or certified mail, addressed to the owner at the last known address of the owner and by posting a copy on the Property. Any owner shall have the right to have the nuisances abated in accordance with this resolution at his or her own expense, provided the same is completed prior to the thirty -day abatement. 7 of 62 April 16, 2019, Item #3.2 Resolution No. P -19 - Page 3 Section 7: If the nuisances are not completely abated by the owner as directed within the thirty (30) day period, the City shall cause the same to be abated by any administrative action allowed by law including administrative citations, criminal complaint, civil action, seek a receivership remedy under court order, and/or by the City personnel or private contract, and the personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the City for all costs of the abatement and/or legal action, including administrative costs. Section 8: In accordance with the provisions of Poway Municipal Code Chapter 8.72, the City Council directs City staff to maintain an itemized account of all costs incurred by the City in abating the nuisances, including all administrative and legal costs and expenses. City staff shall submit to the City Council for confirmation an itemized written report showing the costs. The City Council may modify the report if it is deemed necessary and shall then confirm the report by motion or resolution. Pursuant to Government Code sections 38773 and 38733.5, the total cost, fees, and expenses of abatement, including all administrative costs and attorney's fees, shall constitute a lien or a special assessment against that parcel and shall be collected in accordance with applicable State and City laws. 8 of 62 April 16, 2019, Item #3.2 Resolution No. P -19 - Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting held on the 16th day of April 2019. Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19- was duly adopted by the City Council at a meeting of said City Council held on the 16th day of April 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Faviola Medina, CMC, City Clerk City of Poway 9 of 62 April 16, 2019, Item #3.2 R -B D -O Subject Location: 13822 Northcrest Lane APN 278-442-43 RR -C NORT-H_GRE-S-T- N S-2 N 1- 0 70 140 280 T Feet CITY OF POWAY Zoning / Location Map Item: Code Case 17-0071 & 17-0074 13822 Northcrest Lane APN 278-442-43 10 of 62 ATTACHMENT B April 16, 2019, Item #3.2 NOTICE City of Poway Development Services Department Code Compliance 13325 C' is Center Drive, Poway CA 92064 STOP WORK: Permits have been issued for work being done. ermit required before work can resume. CORRECT WORK: as described below, see corrective action required. Date: //1 l n_ Address/APN: (,S ` NoE7 t ( N i Code Compliance Officer: , CeL (858) 668- k T S PROJECT IS IN VIOLATION OF THE FOLLOWING:: Poway Municipal Code Violation /& (`9 , dl//I011 3 , 29' 656 ' 10. to70 0 ES Stormwater Ordinance No Building Permit Q Tree Removal without City Approval Q Commercial Landscape Removal without City Approval Other. Please Contact ,p , at (858) 668 - Q G 11 of 62 ATTACHMENT C April 16, 2019, Item #3.2 DATE:j NOTICE PROJECT: PROJECT #: ADDRESS: IQd STOP WORK A?N a-17-1-7 a1B1IN 2113 OC) Stop all other work until erosion control/NPDES deficiencies noted below are corrected. CORRECT WORK Correct noted deficiencies within the specified time frame to avoid a Stop Work Notice: 24 Hours 72 Hours X5 Days Prior to October 1st (Other,o)() 0 tai%n THIS PROJECT IS IN CONFLICT WITH THE FOLLOWING: City of Poway Grading Ordinance' Other: Clnti 1( cT, . I—L THE AREAS OF CONFLICT ARE: KErosion control is not on site Erosion control is inadequate Other (ic tz,., .")-' XCity of Poway JURMP Erosion control is not per the approved plan Failure to maintain erosion/sediment control device THE FOLLOWING DEFICIENCIES ARE NOTED: Stabilized construction entrance Runoff from the site Desilting basin OPerimeter protection at toe of slope Waste/materials storage Cover on sloped and/or flat areas that are inactive for more than 10 days Other Wo/'k k1as t)e-eet a C9 c4our r r THIS WTICE WAS ISSUED TO: CC: /City Engineer DATE/TIME: a17- 7 /a 2Sr. Civil Engineer BY: ti i cr Eng. Inspect. Supvr. TITLE: C 1 Lead Inspector PHONE: 1 kOFs K8 Code Compliance Building Management Assistant IF YOU HAVE FURTHER QUESTIONS, PLEASE RWQCB CALL THE CITY OF POWAY'S DEVELOPMENT SERVICES DEPARTMENT AT (858) 668-4668. Having deficiencies in your erosion control is a violation of the City of Poway Grading Ordinance. A violation of the City of Poway's Grading Ordinance is a misdemeanor. Each separate day or portion thereof on which a violation exists or is allowed to exist shall constitute a separate offense punishable by the provisions of the Ordinance. 12 of 62 ATTACHMENT D April 16, 2019, Item #3.2 r. 2OAEWOCgymVfNLVW 4- 1EW b Q CLvmN0 N r 2u 9 s { ry l l u C7L Nw r Qn0N b Q CLvmN 0 N April 16, 2019, Item #3.2 aU O L ` w c O c N b CL O CL U i a a y. a4J , U f O r4 T Ea CL v April 16, 2019, Item #3.2 Melody Rocco From: Melody Rocco Sent: Wednesday, March 1, 2017 8:56 AM To: cndougherty@att.net' Cc: Ralph Jeffery' Subject: 13822 Northcrest Lane Attachments: Picturel jpg; Picture2.jpg; Picture3jpg; 2012 Aerial Image.pdf Chris, I read through the Geotech report that was provided and reviewed the site photos. The geotech report indicates fills approaching 4 feet but as you can see in picture 1, the cut far exceeds 4 feet. The attached aerial image from 2012 showing the pool located at the northeast corner of the house. The attached photos showing grading across the entire north side of the house. Based upon the report, the aerial image, and the photos, I cannot agree that the work conducted was solely for a pool demo. You will need to apply for and obtain a grading permit and fully complete construction of the approved grading permit prior to issuance of any other permits. The permit application will need to include a geotech report that fully addresses the grading that has occurred as well as the proposed finished site. You have 45 days to submit for your grading permit. Thanks, Melody Melody Rocco, PE Senior Civil Engineer Development Services Department 858-668-4653 (new phone number) mrocco@ooway.ora 15 of 62 ATTACHMENT F April 16, 2019, Item #3.2 STEVE, VAUS, IMayor CITY OF POWAY BARRY I.HONARD, Dcpuh, Mayor JIM CUNNINGHAM, Councilmember DAVE GROSC:I I, Councilmember JOI IN MULLIN, Councilmember May 12, 2017 Mark Fisher 333 Orange Avenue #41 Coronado, CA 92118 RE: Dougherty Grading, G17-0006 Dear Mr. Fisher The City has completed the 1a1 review of the grading plans for the Dougherty Grading project (G17-0006). The following items will need to be addressed prior to approval of plans: Grading Plan 1. Plans must be signed and stamped. 2. Provide a Preliminary Title Report (PRT) with copies of all exceptions. 3. Show and reference all easements as listed in the PRT. 4. The line types and hatching shown in plan view must match those shown on the legend. 5. Show the limits of grading (daylight line) 6. All retaining wall must be shown as "per separate permit' 7. Show the location of the proposed wall cross sections 8. Call out the proposed distance between the wall and the property line in the sections to verify that the walls will be built entirely within the property. 9. Provide labels on all proposed contours. Drainage Report 10. The proposed hydrologic work map must clearly distinguish between the different drainage basins and the proposed flow path. 11. Provide an existing hydrologic work map. 12. The project must provide mitigation measure for the increase in peak flow run off or provide additional discussion that elaborates on how downstream facilities will not be effected by the increase in stormwater runoff. Water Quality Requirements 13. The applicant must provide documentation showing that the project meets water quality and flow control requirements per the Poway BMP Design Manual. Please provide the following forms: a. Form 1-1 Applicability of Permanent Post Construction BMPs b. Form 1-2 Project Type Determination C. Form 1-3 (Depending on the outcome of the previous forms) City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org 16 of 62 ATTACHMENT G April 16, 2019, Item #3.2 Mark Fisher G17-0006 May 12, 2017 Planning Comments 14. Retaining walls shall be constructed with decorative block or be covered in stucco and painted to match the color of the home or other walls on the property. Please note on plans. 15. Please be aware that the retaining walls, which have a walking or driving surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The building code requires a minimum 42". Please show the railing and provide a typical elevation of the retaining wall and metal railing combination. 16. To increase the readability of the grading plans, please use different line weights to help differentiate between existing and proposed elevation contours and pavement areas. 17. Please use the correct Assessor's Parcel Number: 278-442-43 18. Please note if any trees are being removed. A Tree Removal permit is required if a Coast Live Oak or a California Sycamore will be removed. 19. Please list the average natural slope (pre -development) of the site. Please see the redlined plans, drainage study, and cost estimate for additional comments. Feel free to contact me via phone at (858) 668-4653 or via email at mrocco Poway.orq to discuss any of the comments listed above or on the redline plans. Sincerely, DEVELOPMENT SERVICES DEPARTMENT 4 Melody e,P Senior Civil Engineer 17 of 62 April 16, 2019, Item #3.2 11 STEVE VAUS, Mayor CITY OF POWAY BARRY LEONARD, Deputy Mayor JIM CUNNINGHAM, Councilmember DAVE GROSCH, Coundru mber JOHN MULLIN, Councitmember October 4, 2017 Mark Fisher 333 Orange Avenue #41 Coronado, CA 92118 RE: Dougherty Grading, G17-0006 Dear Mr. Fisher The City has completed the 2nd review of the grading plans for the Dougherty Grading project (G17-0006). The following items will need to be addressed prior to approval of plans: Grading Plan 1. Provide labels on all proposed contours. (2nd request) 2. Show the location of all proposed wall cross sections. (20d request) 3. The proposed storm drain shown on sheet 4 must also be shown on sheet 3. (2nd request) Drainage Report 4. The project must show the change in Q100 between pre- & post -condition for each discharge location. 5. Back up calculations shall be provided to confirm that the proposed "flatter" condition will mitigate the increase in Q100. This should be accounted for in the hydrologic and Tc calculations. Water Quality Requirements 6. The applicant must provide all water quality documents for a standard SWQMP per the Poway BMP Design Manual. Please provide the following forms: o Form 1-4 Source Control BMP Checklist o Form 1-5 Site Design BMP Checklist Please see the redlined plans, drainage study, and storm water forms for additional comments. Feel free to contact me via phone at (858) 668-4653 or via email at mroccoCbPoway. org to discuss any of the comments listed above or on the redline plans. Sincerely, 1plavffM -I T,- • iPE Senior Civil Engineer City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org 18 of 62 April 16, 2019, Item #3.2 From: Melody Rocco To: %ndouoherty0attnet" Cc: Daniel Welte Subject: G17-0006; Code Case 17-0071 Date: Monday, April 16, 2018 3:24: 00 PM Attachments: Additional Deposit 2017.11.15.odf Mr. Dougherty, It has been more than six months since activity on processing your grading permit has occurred. The last round of comments was provided October 4, 2017. Please consider this email as notice that you must provide progress on your grading permit application, within two weeks (by April 30, 2018), by resubmitting plans and all other requested resubmittals. If you do not resubmit, your code case will be elevated to the next step through our Code Enforcement division. Please note, we will also require the additional plan review deposit funds required to complete the required review. For reference, please see attached additional deposit request mailed to you in November 2017. Thanks, Melody Melody Rocco, PE Senior Civil Engineer Development Services Deportment 858-668-4653 mlocco0a PQWQV. ora 19 of 62 April 16, 2019, Item #3.2 STBVBVAUS, Mayor CITY OF POWAY C4, JOHN MIJIJ,[N, Deputy Mayor CAYLIN FRANK, Councilmcmber DAVE CROSCI-I, Counedmember BARRY LEONARD, Counedmcmber .d{ Sent via USPS certified mail, first class mail and posted NOTICE AND ORDER TO ABATE NUISANCE The City's records reveal that you own, occupy, possess or otherwise have an interest in the property identified below. You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates the below -referenced PMC. As a result of the violation(s), the property Is deemed a public nuisance requiring abatement. Said property is located at 13822 Northcrest Ln., in the City of Poway. J T A REAL ESTATE HOLDINGS LLC CHRISTOPHER D. DOUGHERTY 13822 NORTHCREST LN POWAY CA, 92064 APN 2784424300 Case #17-0071 The following violation(s) of law has or have been determined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property. VIOLATION(S) Poway Municipal Code Section 16.56. 010 - Unlawful to violate grading regulations, grading without permits. Poway Municipal Code Section 16.56.020 —Violations of City grading regulations are a public nuisance. CORRECTIVE ACTIONS: Make progress toward issuance of grading permit for unapproved grading activity on your property. Obtain all required permits and complete all required inspections with a "pass" result. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters, in addition to other communications. Despite these Notices, the City has inspected your property and determined that violations continue to exist. You are hereby ordered to take the above described corrective action within thirty (30) days from the date of this Notice and Order. City Hatt Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074.0789 www.poway.org 20 of 62 ATTACHMENT H April 16, 2019, Item #3.2 Notice and Order — 13822 Northcrest Ln. — Case #17-0071 August 14, 2018 Page 2 You are hereby further advised of your right to an administrative hearing on this determination where you may present evidence in your defense. Said hearing must be requested in writing to the City Manager, within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if violation(s) listed herein are not abated within the time specified, the City may abate the nuisance and charge you the cost/fees of the abatement, including administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof, Moreover, if the costs of abatement are not timely reimbursed to the City, such amounts may be assessed against the property and may be placed on the property's tax bill, Additionally, pursuant to PMC section 1.08.010, if the aforementioned violation(s) or condition(s) constituting a nuisance is/are not brought into compliance in a timely manner, you could also be subject to a charge for a separate offense for each and every day during which this/these violation(s) is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a receivership), a criminal action, and/or issue of administrative citations for these continuing violations. We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. California Health & Safety Code § 17980(d).) Moreover, we are hereby providing you notice that is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation. Thank you for the anticipated cooperation in this matter. Should you have questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelteeooway.oro. Dated: August 14, 2018 CITY ZOFWAY 7/Lf G/ BV Rob€rt U. Manis, Director of D1ev ropment Services APPROVED AS TO FORM: 01410 A7vu-- Alan Fenstermacher, City Attorney Attached: PMC Section 16.56.010, 16.56.020, and 16.56.040 21 of 62 April 16, 2019, Item #3.2 srr,-,,US, bLayur CITY OF P OWAY BARRY LEONARD, Dcpug' Mayan JIM CUNNINGHAM, Councilmcmber DAVIT GROSCI1, COnnclbnember J01 IN MULLIN, Councihnember May 12, 2018 SECOND NOTICE OF VIOLATION Property Owners J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY CA, 92064 SUBJECT: Unapproved grading at 13822 Northcrest Ln. Poway, CA 92064; APN 2784424300 Case Number: 17-0071 Dear Property Owner, 0 01111 C( IN THE C The City has been made aware of unapproved grading in violation of PMC Section 16.56.010, 16.56. 020, and 16,56.040 (Attachment 1). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Make progress toward issuance of grading permit for unapproved grading activity on your property. Failure to correct the violation(s) by the required date may result in issuance of Administrative Citation, double permit fees, withholding of any permit or project, revocation of permits, recordation of Notice of Violation against the property, Imposition of lion against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT XanielWalte,ode ompliance Officer Attachments: PMC Section 16.56.010, 16.56.020, and 16.56.040 22 of 62 April 16, 2019, Item #3.2 UENE: VAUS, Mayor CITY OF POWAY BARRY I,EONARD, Deputy Mayo, I I IN CUNNINGI [AM, Councilmember DAVE GROSCPI, COlmcillnember JOI-IN NIULLIN, CounciLnembec May 2, 2018 NOTICE OF VIOLATION Property Owners J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY CA, 92064 SUBJECT: Unapproved grading at 13822 Northcrest Ln. Poway, CA 92064; APN 2784424300 Case Number: 17-0071 Dear Property Owner, OF POW'9Y idCm' 1N THE BOJ The City has been made aware of unapproved grading in violation of PMC Section 16.56.010, 16.56. 020, and 16.56.040 (Attachment 1). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Make progress toward issuance of grading permit for unapproved grading activity on your property. Failure to correct the violation(s) by the required date may result in issuance of Administrative Citation, double permit fees, withholding of any permit or project, revocation of permits, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4664 or dwelte@poway.org. Respectfully, D VELOPMENT SERVICES DEPARTMENT Xamelelt"odeompliance Officer Attachments: PMC Section 16.56.010, 16.56.020, and 16.56.040 23 of 62 April 16, 2019, Item #3.2 STEVE VAUS, Mayor CITY OF POWAY HARRY LEONARD, Deputy Mayor C4- JIM CUNNINGHAM, Coundmcmber DAVE GROSCH, Councilmember JOHN MULLIN, Councitmember ` 4t Sent via USPS certified mail and first class mail NOTICE AND ORDER TO ABATE NUISANCE You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates requirements for building permits and approvals. As a result of these violations. the orouerty is deemed a public nuisance requiring abatement. Said property is located at 13822 Northcrest Ln, in the City of Poway. J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY, CA 92064 Assessor's Parcel Number 2784424300 Case # 17-0074 The following violations of law have been determined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property: VIOLATIONS: PMC Chapter 15.02 — Unlawful to violate technical codes, building, plumbing and mechanical. PMC Chapter 15. 04 — Permits, inspections and final approval required for all construction. PMC Section 8.60.141 — Permit required to construct or repair septic system. CORRECTIVE ACTIONS: Property owner must complete the following action for violation within ten (10) days from the date of this Notice and Order: 1. Obtain all required permits for unpermitted improvements to home, including detached garage, car port/shade structure, home additions/alterations/modifications, new underground plumbing/gas and electrical. 2. Obtain all required permits for repairs or modifications to septic. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on April 18, 2017 and August 17, 2017 (Attachment 1). The past Notices 24 of 62 ATTACHMENT I April 16, 2019, Item #3.2 Notice and Order — J T A REAL ESTATE HOLDINGS LLC 11/08/ 17 Page 2 of Violations sent to you informed you of your responsibility to correct the violations that exist on the property and that are described in this Notice and Order to Abate Nuisance. This violation continues to exist on the property based on on-going visual inspections conducted by the City's Code Compliance Staff. The City has informed you that it is responsible for enforcing all provisions of Title 15 and 8 of the PMC. You are hereby ordered to take the above described corrective action within ten (10) days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring this property into conformity with the requirements of Chapter 15.02, 15.04 and Section 8.60.141 of Poway Municipal Code (PMC) (Attachment 2). You are hereby advised of your right to an administrative hearing on this determination before the City Manager or designated employee, where you may present evidence in your defense. Said hearing must be requested, in writing to the City Manager within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if said nuisance is not abated within the time specified by the City, the City may abate the nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of said abatement, to you. Moreover, if the City's costs of abatement are not reimbursed to the City, such amounts shall be assessed to the property. Additionally, in accordance with General Penalty provisions of PMC, Section 1.06.010, if the aforementioned violations or conditions constituting a nuisance are not brought into compliance, you could also be subject to a charge for a separate offense for each and every day during which this violation is continued, a civil action by the City seeking remedies under state and federal law, and/or the issuance of citations under the City's administrative citation process. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at (858) 668-4664 or dwelte@poway.org. Thank you for your anticipated cooperation in this matter. Dated: November 8, 2017 CITYOF OWAY By /I lxf.-, Rob rt . Manis, ret D elopment Services APfjROVED AS TO FORM: Morg fi L. oley, City ttorney Attached: 1. Past Notice of Violation Letters 2. PMC Chapter 15.02,15.04 and Section 8.60.141 25 of 62 April 16, 2019, Item #3.2 s'mvuVAUS,Mayor CITY OF POWAY of HARRY 1.IS0NARD, Deputy Mayor JIM CUNNINGI IAM, Councilmember DAVE, GROSCI 1, Councdmember JOI IN MULLIN, Councilmember eye ,., Q7y 1N THE C August 17, 2017 SECOND NOTICE OF VIOLATION J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY, CA 92064 Subject: Additions, alterations to home and new structure 13822 Northcrest Ln, Poway, CA 92064; APN 2784424300; Case Number: 17-0074 Dear Property Owner, It has come to the attention of the City of Poway that improvements on your property located at 13822 Northcrest Ln, Poway, CA 92064 do not have building permits. Specifically, the detached garage at the west end of your home, additions to your home, septic repair activity, underground plumbing/gas installation and underground electrical construction. Photos are attached for orientation. This is a violation of the followine Powav Municipal Code (PMCI Sections: 1. 15.04.010 — Building permits required; final approval of construction required. 2. 15.02.010 —Unlawful to violate building, plumbing, mechanical and technical codes. 3. 8.60.141— Permit required to construct or repair septic tank. You are required to complete the following corrective measures within ten (10) days from the date of this letter: Obtain all required permits for unpermitted improvements to home, including detached garage, home additions, new underground plumbing/gas and electrical OR, restore home to original design with permits. 2, Obtain all required permits for repairs or modifications to septic. Failure to correct the violation(s) by the required date may result in issuance of Administrative Citation, double permit fees, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. 26 of 62 April 16, 2019, Item #3.2 I appreciate your cooperation in resolving this matter. If you have any questions, please contact Daniel Welte at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT Daniel Welte Code Compliance Officer 27 of 62 April 16, 2019, Item #3.2 STEVE VAUS, Mayor CITY OF POWAY C* OFBARRYLEONARD, Deputy MayorJIMCUNNINGHAM, Councdmember DAVE GROSCH, Councilmember JOHN MULLIN, Councilmember. cOV April 18, 2017 FIRST NOTICE OF VIOLATION J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCRESTLN POWAY, CA 92064 Subject: Additions, alterations to home and new structure 13822 Northcrest Ln, Poway, CA 92064; APN 2784424300; Case Number: 17.0074 Dear Property Owner, It has come to the attention of the City of Poway that Improvements on your property located at 13822 Northcrest Ln, Poway, CA 92064 do not have building permits. Specifically, the detached garage at the west end of your home, additions to your home, septic repair activity, underground plumbing/gas installation and underground electrical construction. Photos are attached for orientation. This is a violation of the following Poway Municipal Code (PMC) Sections: 1. 15.04.010 — Building permits required; final approval of construction required. 2. 15.02.010 —Unlawful to violate building, plumbing, mechanical and technical codes. 3. 8.60.141— Permit required to construct or repair septic tank. You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Obtain all required permits for unpermitted improvements to home, including detached garage, home additions, new underground plumbing/gas and electrical OR, restore home to original design with permits. 2. Obtain all required permits for repairs or modifications to septic. Failure to comply may result In Issuance of an Administrative Citation or referral of this matter to the City Attorney. 28 of 62 April 16, 2019, Item #3.2 appreciate your cooperation in resolving this matter. If you have any questions, please contact Daniel Welte at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT Daniel Welte Code Compliance Officer Photos 29 of 62 April 16, 2019, Item #3.2 STEVE VAUS,Mayor CITY OF POWAY BARRY IXONARD, Dcputy Msyor I IM CUNNINGI-IAib1, Cuuncilmcmbcr DANT, GROSCI-I, Councilmember Jof [N MULLIN, Councilmcmber March 29, 2017 Courtesy Notice J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY, CA 92064 Subject: Additions, alterations to home and new structure 13822 Northcrest Ln, Poway, CA 92064; APN 2784424300; Case Number: 17-0074 Dear Property Owner, G`ty OF OWgr 1 y THE GOJ P It has come to the attention of the City of Poway that improvements on your property located at 13822 Northcrest Ln, Poway, CA 92064 may not have building permits. Specifically, the detached garage at the west end of your home, additions to your home, septic repair activity, underground plumbing/gas installation and underground electrical construction, Photos are attached for orientation. Please provide evidence that these improvements are being constructed or were completed under construction permits within ten (10) days from the date of this letter. I appreciate your cooperation in resolving this matter. If you have any questions, please contact Daniel Welte at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT LP4;7 Code Compliance Officer 30 of 62 April 16, 2019, Item #3.2 v 9 1;3P72 ho lllctesl in ib-_y , _ 1111 1 1 Ii Aad1o,chpuut0ee. 1Rdp rdgigrtrwta April 16, 2019, Item #3.2 To: Robert Manis Director Of Development Services I am writing to explain the situation we find ourselves in since we moved in 3 years ago. We originally hired an engineer to help us plan for a pool in the future. The property was old a needed a lot of attention. We initially didn't know that there was a pool built in the backyard but after talking to neighbors and such we were told that the previous owners had buried the bottom of the pool improperly. Demo permit filed $5000 by existing home owners San Diego Pools verified information San Diego Pools asked that we pot hole the property where we wanted the pool, to see if the previous owners had removed the pool properly, which they didn't Once we found out that their was water in the pool , we chiseled out the pool remains and hired a soils engineer to help with the process. We also hired an engineer to help with the Layout of the backyard. As we removed the pool remains, the engineer was preparing plans to summit to the city of Poway. The engineer completed the 1 st draft of plans for Poway. Corrections were requested. Corrections were made and submitted. Corrections were requested again. Corrections were made and submitted. Corrections were requested again. Each time corrections were requested, there was a cost. After several attempts over the course of 2 years. We have exhausted our finances and have to stop any progress on the plans. We no longer have plans to build a pool in the back yard. If you have any questions please do not hesitate to call us at either my cell (858)945-5145 or my husbands cell (858)945.5139. Thank you, Chris 8 Nellie Dougherty 32 of 62 ATTACHMENT J April 16, 2019, Item #3.2 o CITY OF POWAY NOTICE OF VIOLATION ON REAL PROPERTY No Documentary Transfer Tax Due) The real property located in the City of Poway, County of San Diego, State of California, described as follows: 13822 Northcrest Ln. Poway, CA 92064 APN: 278- 442-43-00 Said property is located in the City of Poway. Property owner's name and address: J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY CA, 92064 The City Manager's designee has determined that the property having the above legal description has had improvements to the property, without valid permits being first obtained. This is in violation of the Poway Municipal Code as listed below: Poway Municipal Code, Ch. 15.02,15.04; Sections 13.09.070(A)(1), 13.09.070 (A)(5), 16.56. 010, 16.56.020, and 16.56.040. (Cases 17-0071, 17-0073 and 17-0074) The record owner of the Property has been duly notified, and given an opportunity to correct the violation. Approved as to form: 1 Alan Fenstermacher City Attomey City of Poway 33 of 62 City of Poway ATTACHMENT K DOC# 2018-0411843 RECORDING REQUEST BY: ) IIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIINIIIVIIIIIIIIpIIIUNIIII CITY OF POWAY ) Oct 03, 2018 11:16 AM, WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS CITY CLERK ) Ernest J. Dronenburg, Jr., CITY OF POWAY ) SAN DIEGO COUNTY RECORDER P.O. BOX 789 FEES: $0.00 (SB2Atkins: $0.00) POWAY, CA 92074-0789 ) PAGES: 5 This space for Recorder's Use Only) 278-442-43-00 Gov. Code §27281.5 CITY OF POWAY NOTICE OF VIOLATION ON REAL PROPERTY No Documentary Transfer Tax Due) The real property located in the City of Poway, County of San Diego, State of California, described as follows: 13822 Northcrest Ln. Poway, CA 92064 APN: 278- 442-43-00 Said property is located in the City of Poway. Property owner's name and address: J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY CA, 92064 The City Manager's designee has determined that the property having the above legal description has had improvements to the property, without valid permits being first obtained. This is in violation of the Poway Municipal Code as listed below: Poway Municipal Code, Ch. 15.02,15.04; Sections 13.09.070(A)(1), 13.09.070 (A)(5), 16.56. 010, 16. 56.020, and 16.56.040. (Cases 17-0071, 17-0073 and 17-0074) The record owner of the Property has been duly notified, and given an opportunity to correct the violation. Approved as to form: 1 Alan Fenstermacher City Attomey City of Poway 33 of 62 City of Poway ATTACHMENT K April 16, 2019, Item #3.2 STERE, VAUS, Mayor CITY OF POWAY P JOHN MULLIN, Deputy Mayor CAYLIN PRANK, Councilmember DAV F GROSCH, Coundmember BABRY LEONARD, Counalmember IN THE GdJ Sent via USPS certified mail, first class mail and posted NOTICE AND ORDER TO ABATE NUISANCE The City's records reveal that you own, occupy, possess or otherwise have an interest in the property identified below. You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates the below -referenced PMC. As a result of the violation(s), the property is deemed a public nuisance reauirina abatement. Said property is located at 13822 Northcrest Ln., in the City of Poway. J T A REAL ESTATE HOLDINGS LLC CHRISTOPHER D. DOUGHERTY 13822 NORTHCREST LN POWAY CA, 92064 APN 2784424300 Case 917-0071 The following violation(s) of law has or have been determined to pose a threat to the general health, safety and -welfare of the public and constitute a nuisance at the property. VIOLATION(S) Poway Municipal Code Section 16.66.010 - Unlawful to violate grading regulations, grading without permits. Poway Municipal Code Section 16.66.020— Violations of City grading regulations are a public nuisance. CORRECTIVE ACTIONS: Make progress toward issuance of grading permit for unapproved grading activity on your property. Obtain all required permits and complete all required inspections with a "pass" result. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters, in addition to other communications. Despite these Notices, the City has inspected your property and determined that violations continue to exist. You are hereby ordered to take the above described corrective action within thirty (30) days from the date of this Notice and Order. City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074.0789 www.poway.org 34 of 62 April 16, 2019, Item #3.2 Notice and Order — 13822 Northcrest Ln. —Case #17-0071 August 14, 2018 Page 2 You are hereby further advised of your right to an administrative hearing on this determination where you may present evidence in your defense. Said hearing must be requested in writing to the City Manager, within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if violation(s) listed herein are not abated within the time specified, the City may abate the nuisance and charge you the cost/fees of the abatement, including administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof. Moreover, if the costs of abatement are not timely reimbursed to the City, such amounts may be assessed against the property and may be placed on the property's tax bill. Additionally, pursuant to PMC section 1.08.010, if the aforementioned violation(s) or conditions) constituting a nuisance is/are not brought into compliance in a timely manner, you could also be subject to a charge fora separate offense for each and every day during which this/these violation(s) is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a receivership), a criminal action, and/or issue of administrative citations for these continuing violations. We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. California Health & Safety Code § 17980(d).) Moreover, we are hereby providing you notice that is unlawful for a lessor to retaliate against a lessee pursuant. to Section 1942.5 of the Civil Code for reporting a violation. Thank you for the anticipated cooperation in this matter. Should you have questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte atoway.ora. Dated: August 14, 2018 CITY ZOFVWAY l B Rob rt b. Mania, Di " ctor of qevefopment Services APPROVED AS TO FORM: X vvt_- Alan Fenstermacher, City Attorney Attached: PMC Section 16. 56.010, 16. 56.020, and 16.56.040 35 of 62 April 16, 2019, Item #3.2 STEVE VAUS, Mayor CITY OF POWAYD BARRY LEONARD, Deputy Mayor G JIM CUNNINGHAM, Couudirnember DAVE GROSCH, CouncUmember JOHN MULLIN, Counciimember fie'cJ — I coo Sent via USPS certified mail and first class mail NOTICE AND ORDER TO ABATE NUISANCE You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates requirements for building permits and approvals. As a result of these violations, the property is deemed a public nuisance requiring abatement Said property is located at 13822 Northcrest Ln, in the City of Poway. J T A REAL ESTATE HOLDINGS LLC 13822 NORTHCREST LN POWAY, CA 92064 Assessor's Parcel Number 2784424300 Case # 17-0074 The following violations of law have been determined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property: VIOLATIONS: PMC Chapter 15.02 — Unlawful to violate technical codes, building, plumbing and mechanical. PMC Chapter 15.04 — Permits, inspections and final approval required for all construction. PMC Section 8.60.141— Permit required to construct or repair septic system. CORRECTIVE ACTIONS: Property owner must complete the following action for violation within ten (10) days from the date of this Notice and Order: 1. Obtain all required permits for unpermitted improvements to home, including detached garage, car port/shade structure, home additions/alterations/modifications, new underground plumbingigas and electrical. 2. Obtain all required permits for repairs or modifications to septic. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on April 18, 2017 and August 17, 2017 (Attachment 1). The past Notices 36 of 62 April 16, 2019, Item #3.2 Notice and Order — J T A REAL ESTATE HOLDINGS LLC 11/08/17 Page 2 of Violations sent to you informed you of your responsibility to correct the violations that exist on the property and that are described in this Notice and Order to Abate Nuisance. This violation continues to exist on the property based on on-going visual inspections conducted by the City's Code Compliance Staff. The City has informed you that it is responsible for enforcing all provisions of Title 15 and 8 of the PMC. You are hereby ordered to take the above described corrective action within ten (10) days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring this property into conformity with the requirements of Chapter 15.02, 15.04 and Section 8.60.141 of Poway Municipal Code (PMC) (Attachment 2). You are hereby advised of your right to an administrative hearing on this determination before the City Manager or designated employee, where you may present evidence in your defense. Said hearing must be requested, in writing to the City Manager within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if said nuisance is not abated within the time specified by the City, the City may abate the nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of said abatement, to you. Moreover, if the City's costs of abatement are not reimbursed to the City, such amounts shall be assessed to the property. Additionally, in accordance with General Penalty provisions of PMC, Section 1.08.010, if the aforementioned violations or conditions constituting a nuisance are not brought into compliance, you could also be subject to a charge for a separate offense for each and every day during which this violation is continued, a civil action by the City seeking - remedies under state and federal law, and/or the issuance of citations under the City's administrative citation process. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at (858) 668-4664 or dwelte@poway.org. Thank you for your anticipated cooperation in this matter. Dated: November B. 2017 CITY 7OFWAY By Rob rt . Manis,ret D elopment Services AP ROVED AS TO FORM: Morg L. -ola} , City ttorney Attached: 1. Past Notice of Violation Letters 2. PMC Chapter 15.02,15.04 and Section 8.60.141 37 of 62 April 16, 2019, Item #3.2 Daniel Welte From: Trish Johnson Sent: Tuesday, March 19, 2019 3:57 PM To: Daniel Welte Subject: RE: Joint inspection at 13822 Northcrest Ln Hi Dan, When we were on location of 13822 Northcrest Ln. I noted the following building violations: An addition has been done to the garage with electrical without permits The kitchen has been remodeled without permits A patio cover has been enclosed to a game room/teen room adjoining 2 bedrooms without permits. By doing this the 2 bedrooms no longer have the required egress windows or doors to the exterior in case of an emergency. It appears work has been done to the septic tank and possibly the leach lines A pool was demoed without permits A patio cover was converted to a dining area/nook without permits A reroof and new siding was done without permits Please let me know if you need any additional information or having any questions. Trish Johnson Field Supervisor 13325 Civic Center Drive Poway, CA 92064 858.668.4648 858.668.1211 FAX tiohnson@poway.ore Building Counter Hours: Monday - Thursday: 7:30-11: 30, 12:30-5:30, CLOSED for lunch 11:30-12: 30 Friday (Closed every other Friday): 8:00-11:30, 12:30-5:00, CLOSED for lunch 11:30-12:30 Please see www.powoy.ora for a schedule of open/closed Fridays and other City of Poway holidays. From: Daniel Welte Sent: Wednesday, March 13, 2019 8:01 AM To: Trish Johnson <TJohnson@poway.org> Subject: Joint inspection at 13822 Northcrest Ln Hi Trish, Would you kindly summarize your building code violation observations during ourjoint site visit with the property owner on October 24, 2018. Daniel Welte Code Compliance Officer I Development Services, Poway P 1858) 66&9664 F [898) 668 1260 1 r?w IteG rxiw y o g 38 of 62 ATTACHMENT L April 16, 2019, Item #3.2 ADMINISTRATIVE CITATION CITY OF POWAY Citation No. DEPARTMENT: Development Services DIVISION: Code Compliance 645iiD17- 6 '-k I 13325 Civic Center Drive I 1 { i Poway, CA 92064 Citation Issuance Date: 1 L / / ((-% 858) 668-4600 An Inspection of th eVpremises located at 0/2- l y T o in the City of y (APN JoI/"- revealed violation or violations of the Poway Municipal Code (PMC). 2' I'T QU ; y, Name of Mail address: C1^ 1st CITATION101 0 2ND CITATION 200. 00 3RD CITATION 500. 00 4TH CITATION 1,000.00 CITATION 00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE INFORMATION ON THE BBACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): r2 ^ 6 `/ o 131?N PMC SECTION: DESCRIPTION: v U - NLAWr'U W [= C rZA-niXN SIGNATURE OF OFFICERPRINT NAME OF OFFICER DATE rJ, Ok x2 -7-4- 39 of 62 ATTACHMENT M D, - April 16, 2019, Item #3.2 ADMINISTRATIVE CITATION CITY OF POWAY Citation No. 646 DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Date: 858) 668- 4600 ) f ) An inspection of d pr missees loc ated at In the City of Po avii yAPN T a.f! ©rrevealed violation or violations of the Poway Municipal Code (PMC). , Name of Responsible Mail k) hfl 1st CITATION $ •100'60--- 2ND 00:60- 2ND CITATION $ X6600 3RD CITATION $ 500.00 4TH CITATION $1,000.00 CITATION $ _.00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE'NAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT, REVIEW THE N2 -'(r- INFORMATION / ON THE BACKSIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): 19-7 ^ l `-e ( k PMC SECTION: DESCRIPTION: 6r- IJ U x CORRECTIVE ACTION TO BE COMPLETED BY: SI ATURE OF OFFICER PRINT NAME OF OFFICER DATE 1_r 40 of 62 April 16, 2019, Item #3.2 CITY OF POWAY NOTICE OF APPEAL and REQUEST FOR HEARING CITY OF POWAY eGe%\X-Q Customer Services Division I C1g Civic13325 CA Center Drive Gcv0K VP P c£e Poway, ATTENTION: Code Compliance Division I hereby appeal Citation No. fit- (0,4 S due the following reasons (complete written statement below): Refer to Back Side of This Document for Additional Writing Space and Information]" It is my desire to contest this Citation before an Administrative Hearing Officer. This appeal must be filed within FIFTEEN (15) DAYS from the issuance date on the Administrative Citation. In order to process this appeal the amount of the fine on the citation must first be deposited with the Customer Services Division of the City of Poway along with this NOTICE OF APPEAL, or a hardship affidavit must accompany this Notice of Appeal. My Deposit is made with this Notice in the sum of $ My Hardship affidavit is filed with this Notice. Today's Date l'1j Name of re of Appellant Telephone ` - G> J EmailC rc c»(AVVe-Ctip a -ti ,vv -A Street Apt. 41 of 62 City ATTACHMENT N Qi2 )(oq April 16, 2019, Item #3.2 Please attach more sheets as needed. Signature: Date: Date: THIS FORM MUSY BE SUBMITTED WITH)!FAYMENT OF THE CITATION(S) OR A COMPLETED HARDSHIP AFFIDAVIT" FORM. YOUR APPEAL REQUEST MAY BE DENIED WITHOUT THEM. Per Poway Municipal Code (PMC) Section 1.10.070(A): Any recipient of an administrative citation may contest that there was a violation of any ordinance, regulation, permit, entitlement, or agreement covered by this chapter, or that he or she is the responsible person by completing a request for hearing form and returning it to the City Clerk within 15 days from the issuance date of the administrative citation. The request for hearing shall be accompanied by a deposit in the amount of the fine orby a sworn affidavit together with documentation demonstrating to the satisfaction of the City Manager the person's actual financial inability to deposit the amount of the fine in advance of the hearing. Any administrative citation deposit shall be refunded within 10 days of a determination, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. Notic:: Any Notice of Appeal and Request for Hearing received by City staff that contests a citation outside the scope defined in PMC Section 1.10.070(A) (above) may be denied if it is determined that the appeal request or appellant submitting the appeal request does, not have proper standing to dispute the ma$2r0grdi2 contesting on improper grounds. April 16, 2019, Item #3.2 HARDSHIP WAIVER AFFIDAVIT ADMINISTRATHIp Iff ION p COY 4 THE C. ; DEC QQ2 2018 CITATION NUMBER The undersigned declares: L EVEL PmENTSEFV CES That the undersigned submits the following affidavit in good faith pursuant to the authority of Poway Municipal Code section 1.10.070 in connection with the appeal of an Administrative Citation issued by the City of Poway in accordance with Poway Municipal Code Chapter 1.10. That the purpose of this affidavit is to demonstrate to the City of Poway that the undersigned dos not have the actual financial ability to deposit the amount of the fine in the sum of $30V Woosed by administrative citation issued to the undersigned on The undersigned does hereby solemnly swear or affirm as follows: That I do not have in cash or in a checking, savings, or other deposit account the above referenced sum; and 2. If the citation was issued to me as an employee or other representative of the lessee, operator, or owner of the Property; that the name of such person or company is ; and that that person or company does not have in cash or in a checking, savings, or other deposit account the above referenced sum; and 3. That I do not own any real property and do not otherwise have the financial means to deposit the above referenced sum. If called to testify in a court of law, I will testify that I have personal knowledge of the above stated facts and that those facts are true. Executed this day of 20 , at Poway, California. 4q . Print Name M!\planninglCitations\HardshipAffidavit.doo 6/02 43 of 62 April 16, 2019, Item #3.2 We are submitting this letter to inform you that as of of October 2018, we have filed for Chapter 11. We will not be able to complete any anticipated work at 13822 Northcrest Lane, Poway Ca 92064. The Chapter 11 will allow us the time needed to reorganize and plan accordingly for the upcoming years. This project combined with working with a civil engineer, soil engineer and the building department has hurt us financially, therefore we cannot accommodate this code issue at this time. It is our understanding that our funds were spent primarily on third parties. The delays that we experienced on fixing any issues, has delayed the overall process, therefore increased spending on all resubmitted plans. We have provided in good faith everything that was needed to finish putting the dirt back in its original place, 70% done, 30% unfinished. Year to date, we have spent $90K and the information that we have given the city is solid and accurate for the 30% that still needs to be completed. Poway's Building Department has seen what needs to be done. They have come to oversee what has been done and what needs to be done to complete the project. Unfortunately our current financial situation will not allow us to resume at this moment. We would like to stress that once our finances are stable and we have the opportunity to reorganize , we will have the ability to hire a new engineering firm to complete the job. This has been a very stressful situation for all involved. We moved here 3 years ago with the intent to build a new life in Poway. My kids have made new friends and have built a community with schools sports and club sports in Poway. We thought we would be able to provide ample space for our kids to hang out and gather with friends, but to our demise our children will not have the opportunity to see what could've have been. Thank you, Chris & Nellie Dougherty 44 of 62 ATTACHMENT 0 RF' Qak! D DEC 202.018 CITY OF POWAY F.VELOPMENT SERVICES April 16, 2019, Item #3.2 LAW OFFICES OF ENGEL 8 MILLER THOMAS S. ENGEL THE GRANGER BUILDING grvOREW J. MILLER 964 FIFTH AVENUE, SUITE 400 SAN DIEGO. CALIFORNIA 92101-6130 TELEPHONE 16191 544-1415 FAX 16191 544-1466 October 18, 2018 Christopher D. Dougherty Nereida I. Dougherty 1875 Erie Street San Diego, CA 92110 Re: Chapter 11 Bankruptcy Case No. 18 -06051 -LT 11 Dear Christopher & Nereida: Enclosed please find a copy of a letter I received today from the U.S. Trustee's Office that was sent to all of your Unsecured Creditors asking them if they want to serve on the Official Committee of Unsecured Creditors. Please review the enclosed to familiarize yourselves with their.role in the process. There may or may not be a Committee appointed in your case. It depends on whether any party actually wants to serve on the Committee. In many cases they do not. Please call me if you have any questions regarding the above. Thank you for your continuing cooperation. Sincere y, T OMAS S. ENGEL, ESQ. TSE/vv 45 of 62 ATTACHMENT P April 16, 2019, Item #3.2 o/i/1e U.S. Department of Justice United States Trustee, Region 15 Southern District of California 880 Front Sheet, Suite 3230 (519) 557-5013 San Diego, CA 92101 Fax (619) 557-5339 October 16, 2018 In re: CHRISTOPHER D. DOUGHERTY and NEREIDA I. DOUGHERTY Case No.: 18.06051-LT1 l Dear Creditor: The above-named debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code, Section 1102(b) of the Bankruptcy Code authorizes the United States Trustee to appoint an Official Committee of Unsecured Creditors Committee"), and the debtor's petition or other sources of information indicate that you may be eligible for appointment to the Committee in this case. The Committee represents the interests, and acts on behalf, of all unsecured creditors. Members of the Committee are generally selected from the list of the twenty largest unsecured creditors. If you wish to be considered for membership on the Committee, please complete the enclosed Questionnaire and return it to the Office of the United States Trustee so that it is received no later than 10 days from the date of this letter. Return of the questionnaire, however, does not guaranty appointment to the Committee, only that you will be considered. If you do not wish to serve on the Committee, you do not need to return the form. The United States Trustee urges you to consider serving on the Committee. Under the Bankruptcy Code, the Committee has the right to demand that the debtor consult with the Committee before making major decisions or changes, to request the appointment of a trustee or examiner, to participate in the formation of a plan of reorganization, and in some cases, to propose its own plan of reorganization. If appropriate, the Committee may request that the Bankruptcy Court convert a chapter 1 I case to one under chapter 7, at which time the debtor's operations would cease and its assets would be liquidated. The Committee is authorized to select and employ an attorney and other necessary professionals, subject to court approval. Fees of professionals employed by the Committee may be paid from available assets, if any, of the bankruptcy estate after court approval. Further, Committee members' actual expenses may be reimbursed from estate assets. If we receive sufficient creditor interest in this solicitation, we may schedule a meeting or telephone conference for the purpose of forming a committee. If, however, a sufficient number of creditors do not elect to serve on the Committee, a Committee may not be formed and these rights may go unexercised. The Committee performs a vital role in chapter 11 reorganizations, and we hope that you will choose to participate. P03 46 of 62 Sincerely, TIFFANY ARROLL ACT T STATES TRUSTEE Kristin relic Trial Attorney for the Acting United States Trustee April 16, 2019, Item #3.2 U.S. Department of Justice United States Trustee, Region 15 Southern District of California 880 Front Street, Suite 3230 (619) 557-5013 San Diego, CA 92101 Fox (619) 557-5339 QUESTIONNAIRE In re: CHRISTOPHER D. DOUGHERTY and NEREIDA I. DOUGHERTY Case No.: 18-06051-LTI l QUESTIONNAIRE FOR OFFICIAL COMMITTEE OF UNSECURED CREDITORS[*] Please Tvne or Print Clearlv. I am willing to serve on a Committee of Unsecured Creditors. Yes( ) No( ) A. Unsecured Creditor's Name and Contact Information: Name Phone: Address: Fax: E-mail: B. Counsel (If Any) for Creditor and Contact Information: Name Phone: Address: Fax: E-mail: C. If you have been contacted by a professional person(s) (e.g., attorney, accountant, or financial advisor) regarding the formation of this committee, please provide that individual's name and/or contact information: D. Amount of Unsecured Claim (U.S. $) E. If your claim is against more than one debtor, list all debtors Note: This is not a proof ofclaim form. Proofofclaim forms are filed with the Clerk of the Bankruptcy Court, not with the United States 7Yustee 0 47 of 62 Page 1 of 3 April 16, 2019, Item #3.2 Describe the nature of your claim(s), i.e., whether arising from goods or services provided; loans made; litigation; etc., including whether any portion is secured. If secured, please describe the collateral securing the claim. If any portion of the claim(s) atises from litigation, please state the nature of the claim, the case number and jurisdiction (if applicable) and the status. G. Amount of Unsecured Claim entitled to I I U,S.C. §503(b) treatment as an administrative expense: H. Would your schedule permit you to actively participate on the committee by attending weekly meetings (either by telephone or in person)? Yes ( ) No ( ) Representations: I, Are you or the company you represent in any way "affiliated" with any of the debtors within the meaning of Section 10 1,(2) of the Bankruptcy Code, or a shareholder of, or related to, the debtor(s)? Yes () No () If a shareholder, state the number of shares: 2. Do you, or the company you represent, engage in a business which directly or indirectly competes with any of the businesses of the debtor(s)? Yes ( ) No ( ) 3. Have you ever been or are you an officer, director, agent, representative or employee of the debtor(s)? Yes (} No Does your claim arise from this relationship? Yes ( ) No ( ) 4. State when you acquired the claim, the amount paid, and the face amount of the claim: 5. Have you or your attorney entered into a settlement agreement with the debtor regarding resolution of your claim7 Yes( ) No( ) 6. Do you have a claim against any entity affiliated with the debtor? Yes () No ( ) State the name of the entity and the nature and amount of the claims: 7. Do you or any affiliated entities have any other claims against, or debt or equity securities of, the debtor(s)? Yes No( 8. Do you or any affiliated entities have any financial arrangement that may affect the value of your claim(s) against or interest(s) in the debtor(s) (e.g., personal guarantees, credit insurance, etc.)? Yes ( ) No ( ) 9. If you have given a proxy to a third party either to represent you at the creditors' committee formation meeting, or in connection with your claim, please attach a copy of the written proxy. If a professional person has arranged for someone to hold a proxy on your behalf, please identify that individual: You may attach a written statement to explain or supplement any responses. Page 2 of 3 48 of 62 April 16, 2019, Item #3.2 Creditors wishing to serve as fiduciaries on an official committee are advised that they may not purchase, sell or otherwise trade in or transfer claims against the debtor while they are committee members absent an order of the court on application of the creditor. PLEASE BE ADVISED THAT ONCE A COMMITTEE IS FORMED, THE UNITED STATES TRUSTEE WILL FILE A NOTICE OF APPOINTMENT IN THE COURT RECORD THAT CONTAINS CONTACT INFORMATION FOR ANY CREDITOR APPOINTED, INCLUDING THE CREDITOR'S NAME, ADDRESS, AND TELEPHONE NUMBER. Privacy Act Statement. 11 U.S.C. § 1102 authorizes the collection of this information. The information will be used by the United States Trustee to determine your qualifications for appointment to the Committee. Disclosure of this information may be to a bankruptcy trustee or examiner when the information is needed to perform the trustee's or examiner's duties, or to the appropriate federal, state, local, regulatory, tribal, or foreign law enforcement agency when the information indicates a violation or potential violation of law. Other disclosures maybe made for routine purposes. For a discussion of the types of routine disclosures that may be made, you may consult the Executive Office for United States Trustee's systems of records notice, UST -001, "Bankruptcy Case Files and Associated Records." See 71 Fed. Reg. 59,818 et seq. (Oct. 11, 2006). A copy of the notice may be obtained at the following link: http://www.justice.gov/ust/eo/rules_regulations/index.htm. Your disclosure of information is voluntary; however, failure to provide the requested information may result in the rejection of your application to be appointed to the Committee. I hereby certify that, to the best of my knowledge and belief, the answers to this Questionnaire are true and correct. By executing this Questionnaire, I also agree to the restrictions and conditions set forth in the preceding paragraphs and in the Committee Information Sheet, and I agree to provide the periodic certifications upon the request of the United States Trustee. Date: 49 of 62 Signature Print Name Title Page 3of3 April 16, 2019, Item #3.2 U.S. Department of Justice United States Trustee Southern District of California 880 Front Street, Suite 3230 (619) 557-5013 San Diego, CA 92101 F= (619) 557.5339 OFFICIAL COMMITTEE OF UNSECURED CREDITORS INFORMATION SHEET Purpose of Unsecured Creditors' Committees. To increase participation in the chapter 11 proceeding, section 1102 of the Bankruptcy Code requires that the United States Trustee appoint a committee of unsecured creditors (the "Committee") as soon as practicable after the order for relief has been entered. The Committee ordinarily consists of the persons, willing to serve, who hold the seven (7) largest unsecured claims of the kinds represented on such committee. The debtor has filed a list indicating that your claim may be among the largest unsecured claims against the debtor, and for that reason, you may be eligible to serve on the Committee. There must be at least three (3) unsecured creditors willing to serve in order to form a Committee. Powers and Duties of Unsecured Creditors' Committees. Members of the Committee are fiduciaries who represent all unsecured creditors as a group without regard to the types of claims which individual unsecured creditors hold against the debtor. Section 1103 of the Bankruptcy Code provides that the Committee may consult with the debtor, investigate the debtor and its business operations and participate in the formulation of a plan of reorganization. The Committee may also perform such other services as are in the interests of the unsecured creditors which it represents. Moreover, Federal Rule of Bankruptcy Procedure 2019, as amended, requires each member of an official committee to file a verified statement disclosing its name, its address, and the nature and amount of each "disclosable economic interest"' held in relation to the debtor on the date the committee was formed. Rule 2019 also requires the committee to file a verified supplemental statement updating the earlier information (if information previously disclosed has materially changed) when taking a position before the court or soliciting votes on a plan. Employment of Professionals. Section 1103 of the Bankruptcy Code provides that the Committee may, subject to the bankruptcy court's approval, employ one or more attorneys, accountants, or other professionals to represent or perform services for the Committee. The decision to employ particular professionals should occur at a scheduled meeting of the Committee where a majority of the Committee is present. All professionals retained by the Committee may be compensated from assets of the debtor's estate pursuant to section 330 of the Bankruptcy Code. Applications for the payment of professional fees may be monitored by the Office of the United States Trustee and are subject to the Court's approval. However, the Committee should carefully review all applications and not rely on the Court or the United States Trustee to discover and object to unreasonable or unnecessary professional fees or costs. Other Matters. The Committee should elect a chairperson and may adopt bylaws. As a party in interest, the Committee may be heard on any issue in the bankruptcy proceeding. Federal Bankruptcy Rule I "Disclosable economic interest" means any claim, interest, pledge, lien, option, participation, derivative instrument, or any other right or derivative right granting the holder an economic interest that is affected by the value, acquisition, or disposition of a claim or interest. 1 50 of 62 April 16, 2019, Item #3.2 2002(1) requires that the Committee (or its authorized agent) receive all notices concerning motions and hearings in the bankruptcy proceeding. In the event you are appointed to an official committee of creditors, the United States Trustee may require periodic certifications of your claims while the bankruptcy case is pending. Creditors wishing to serve as fiduciaries on any official committee are advised that they may not purchase, sell or otherwise trade in or transfer claims against the Debtor while they are committee members absent an order of the Court. By submitting the enclosed Questionnaire and accepting membership on an official committee of creditors, you agree to this prohibition. The United States Trustee reserves the right to take appropriate action, including removing a creditor from any committee, if the information provided in the Questionnaire is inaccurate, if the foregoing prohibition is violated, or for any other reason the United States Trustee believes is proper in the exercise of her discretion. You are hereby notified that the United States Trustee may share this information with the Securities and Exchange Commission if deemed appropriate. Privacy Act Statement. 11 U.S.C. § 1102 authorizes the collection of this information. The information will be used by the United States Trustee to determine your qualifications for appointment to the Committee. Disclosure of this information may be to a bankruptcy trustee or examiner when the information is needed to perform the trustee's or examiner's duties, or to the appropriate federal, state, local, regulatory, tribal, or foreign law enforcement agency when the information indicates a violation or potential violation of law. Other disclosures may be made for routine purposes. For a discussion of the types of routine disclosures that may be made, you may consult the Executive Office for United States Trustee's systems of records notice, UST -001, "Bankruptcy Case Files and Associated Records." See 71 Fed. Reg. 59,818 et seq. (Oct. 11, 2006). A copy of the notice may be obtained at the following link: ht(l)://www.iustice.gov/ustleo/rules regulations/index.htm. Your disclosure of information is voluntary; however, failure to provide the requested information may result in the rejection of your application to be appointed to the Committee, Should you have any additional questions concerning the Committee or your membership on the Committee, please contact the Office of the United States Trustee. 51 of 62 April 16, 2019, Item #3.2 11 USC §1103 1103, Powers and duties of committees. a) At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present and with the court's approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents to represent or perform services for such committee. b) An attorney or accountant employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per ge constitute the representation of an adverse interest. c) A committee appointed under section 1 t02 of this title may --- 1) consult with the trustee or debtor in possession concerning the administration of the case: 2) investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor's business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan: 3) participate in the formulation of a plan, advise those represented by such committee of such committee's determinations as to any plan formulated and collect and file with the court acceptances or rejections of a plan: 4) request the appointment of a trustee or examiner under section 1104 of this title; and 5) perform such other services as are in the interest of those represented. d) As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper. 62 of 62 April 16, 2019, Item #3.2 s'I'MIE V WS, mayor DAVE, GROSCI 1, Deputy mayor CAYLIN FRANK, Councilmember HARRY LEONARD, Councilmcmbcr JOT IN ibIULLIN, Councilmember January 30, 2019 CITY OF POWAY Property Owners J T A REAL ESTATE HOLDINGS LLC CHRISTOPHER D. DOUGHERTY 13822 NORTHCREST LN POWAY CA, 92064 Sent by regular and certified mail* Subject: Hardship Waiver Affidavit; Notice of Appeal and Request for Hearing for Citation No. 645 & 646; Case No. 17-0071 & 17-0074 Dear Mr. Dougherty, This letter is in response to your Notice of Appeal for Hearing and Hardship Waiver Affidavit. On your affidavit, you affirmed that you met the three criteria required to support a request for fee waiver. One of the criteria is that you may not own any real property. However, a review of the County Assessor's data indicates that you own property under APNs 524- 032- 01-00, 524-020- 27-00 and 278-442-43-00 (13822 Northcrest Ln.). Therefore, your request for hearing cannot be processed until you make a deposit equal to the fine of the citation you are appealing: Citation No. 645 and 646 issued on December 7, 2018, imposing a $100 penalty, per citation. You must remit the total amount of $200 at the City of Poway Customer Services Division located at 13225 Civic Center Drive, Poway, CA 92064, no later than five days from the date of this letter (February 4, 2019) in order for an appeal hearing to be scheduled. The 200 deposit would be refunded to you within ten days of determination, after the hearing, that you were not responsible for the violations or that there were no violations. Alternatively, if Citation 645 and 646 were upheld, your deposit would be forfeited as the fine for the citation. Should you have any questions, you may contact the assigned Code Compliance Officer, Daniel Welte, at (858) 668-4664 or dwelte@poway.org, or you may contact my office at (858) 668-4500. Sincerely Tina M. White City Manager City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074. 0789 www.poway.org 53 of 62 ATTACHMENT Q April 16, 2019, Item #3.2 4 Bill To 13325 Civic Center Drive Poway, CA 92064 JTA Real Estate Holdings LLC Christopher D Dougherty 13822 Northcrest Ln Poway, CA 92064 INVOICE Date Invoice No. 121612018 180791 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 92074 General Information Email: customerservices@poway.org Web site; hilp://www.poway.org Terms: Due Date: See Due Date 12/6/2018 Description Amount Case #17-0071 Citation #645 100.00 Citation Issued: 12/7/2018 Payment due by: 12/260018 Fine Due: $100; add 50% penalty if paid after 12/26/2018 Property Owner and Mail Address: JTA Real Estate Holdings LLC 13822 Northcrest Ln Poway, CA 92054 Property Information: 13822 Northcrest Ln, Poway, CA Assessor's Parcel Number 2784424300 Additional information is attached. Your prompt payment is appreciated! City Hall Hours / 7:30 AM — 5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/houra Payments $0.00 Coding: 301030.73150 Reimbursable I Balance Due $100.00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL, REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE. 54 of 62 April 16, 2019, Item #3.2 0 E) Bill To 13325 Civic Center Drive Poway, CA 92064 JTA Real Estate Holdings LLC Christopher D Dougherty 13822 Northcrest Ln Poway, CA 92064 INVOICE Date Invoice No. 12/6/2018 180792 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 92074 General Information Email: customerservices@poway.org Web site: http:/Awww.poway.org Terms: Due Date: See Due Date 12/6/2018 Description Amount Case 917-OD74 Citation 9646 100.00 Citation issued: 12/7/2018 Payment due by: 12/26/2018 Fine Due: $100; add 50% penalty if paid after 12126/2018 Property Owner and Mail Address: JTA Real Estate Holdings LLC 13822 Northcrest Ln Poway, CA 92064 Property Information: 13822 Northcrest Ln, Poway, CA Assessor's Parcel Number 2784424300 Additional information is attached. Your prompt payment is appreciated! City Hall Hours / 7:30 AM — 5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours Payments $0.00 Coding: 301030-73150 Reimbursable Balance Du $100.00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU AREA RESIDENT OR BUSINESS IN POWAY. PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE. 55 of 62 April 16, 2019, Item #3.2 uwmu -,,CEO D- -,. 56 of 62 ATTACHMENT R April 16, 2019, Item #3.2 Unperrnitted Addition noted by Assessor in 1975, no permit. Add ItIon built after 3980, no permits. d Built after 2(W no permit, later expanded by prop a rty a wn er. April 16, 2019, Item #3.2 1 err ,n S _ _ :.. yy ,9T"-- _ y I i s ._._ _ e_ H 4p „ f Y` fpN'' u F April 16, 2019, Item #3.2 10124110 b1 CFO O. Mr.0 59 of 62 April 16, 2019, Item #3.2 S'I FAT VAUS, Mayor CITY OF POWAY DANT OROSCI-1, Deputy Mayor CAYLIN IgRANK, Councilmembcr BARRY LEONARD, Councilmember JOI IN MULLIN, Councilmember CASE HISTORY APN: 278-442-43-00 CASE NUMBER: 17-0071 & 17-0074 DATE PREPARED: March 13, 2019 VIOLATION ADDRESS: 13822 Northcrest Ln. Poway, CA 92064 PROPERTY OWNER AND ADDRESS: J T A REAL ESTATE HOLDINGS LLC (Christopher D. Dougherty) 13822 Northcrest Ln. Poway, CA 92064 PMC VIOLATION(S) EXISTING TO THIS DATE: 8.60.141, 15.02.010,15.04.010, 16.56.020 and 16.56.040. DATE INVESTIGATION PMC SECTIONS WITNESS CHRONOLOGY VIOLATED Staff observed active grading 2/ 16/17 violation. Issued a Code Compliance 16. 56.020 16. 56.040 D. Welte topor Notice. 2/ 16/17 Property owner met with Jason J. Rivera Rivera, Engineering counter staff Code Compliance and Engineering Staff returned to property. Engineering staff issued an 2/17/17 Engineering Stop Work Notice for 16.56.020 D. Welte grading. Staff noted some evidence 16.56.040 J. Tolliver of new construction. Staff will research permit history and records for the property. Reviewed County and City permit 12/ 2/17 records, discovered building code 15.02.010 15.04.010 D. Welte violations. Owner attempted to submit plans for 2/21/17 new pool and pool house at permit M. Rocco counter but was denied due to radin violation lackingpermits. 2/27/17 Case transferred to Melody Rocco, M. Rocco Sr. Civil Engineer. D. Welte 60 of 62 City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074.0789 ATTACHMENT S April 16, 2019, Item #3.2 2/28/17 Present building permit research and D. Welte findings to Joseph Lim, City Planner. J. Lim Owner attempted to submit plans at 3/1/17 permit counter for retaining wall but M. Rocco was denied due to grading violation lacking permits. 3/1/17 Received Geotechnical engineering M. Rocco report for grading. 3/1/17 M. Rocco reviewed geotechnical report, sent response email. M. Rocco Courtesy Notice Letter regarding 8.60.010 3/1/17 buildingcode violations. 15.02.010 D. Welte 15.04.010 M. Rocco communicated with 3/27/17 grading engineer hired to draft M. Rocco grading plans. Code compliance Stop Work Notice 16.56.020 3/28/17 issued for retaining wall, directed 16.56.040 D. Welte owner to contact M. Rocco. 15.02.010 M. Rocco met with owner and 3/31/17 engineer to discuss grading plan M. Rocco review process and timeline for plan submittal. 4/14/17 Per engineer, plans will be submitted M. Rocco by April 19, 2017. 2nd Notice of Violation: Building4/18/17 Code. p, weite Grading plans submitted, 1St 4/19/17 submittal under review file #G17- M. Rocco 0006. Corrections for 1St submittal review 5/12/17 completed available. M. Rocco 8/16/17 2nd Notice of Violation: Building Code. D. Welte 10/4/17 2nd plan submittal under #G16-0006. M. Rocco 10/4/17 Corrections for 2nd submittal review M. Rocco completed and available. 10/19/19 Site visit, staff noted newly built RV 15. 02.010 J. Lim Carport. 15. 04.010 M. Rocco 8.60.010 11/8/17 Notice and Order: Building Code. 15. 02.010 FD Welte 15.04.010 61 of 62 April 16, 2019, Item #3.2 62 of 62 Site visit, carport removed. Noted a 16.56.020 2/18/18 new dirt pad created under the 16.56.040 D. Welte carport foot rint —grading violation. 15.02.010 Email to owner: resubmit 3rd revision 4/16/ 18 of plans within two weeks. IF M. Rocco IF—case transferred back to D. Welte, 5/1/18 enforcement to resume, per M. 16.56.020 M. Rocco 16.56.040 D. Welte Rocco. 5/ 2/18 1st Notice of Violation: Grading. I 16.56.020F D. Welte 16.56.040 Owner spoke with M. Rocco at 5/11/18 permit counter. Owner has hired a M. Rocco new engineer. 5/11/18 2nd Notice of Violation: Grading. 16. 56.020 D. Welte 16.56.040 8/14/18 Notice and Order: Grading. 16.56.020 16.56.040 D. Welte Recorded Notice of Violation against 16.56.020 10/3/18 title. Owner considering sale of 16.56.040 D. Welte 15.02.010 property. 15.04.010 D. Welte Joint site visit with property owner D. Devries 10/25/18 and Development Services staff. p M. Rocco T. Beach T.Johnson inistrative Citation: grading 16.56.020 n, $100. F 16.56.040 D. Welte inistrative Citation: building 15.02.010 iolations, $100. 15.04.010 Request of appeal for citations with 12/20/18 Hardship Waiver received. Citations D. Welte not paid. Hardship Waiver denied, owner notified. Citations must be paid by1/30/19 February 5, 2019 to proceed with D. Welte appeal. Staff met with City Attorney to D. Welte 2/ 5/19 discuss bankruptcy and enforcement D. Devries action for the case. R. Manis 2/ 5/19 Payment of citations received, $200. D. Welte 2/13/ 19 Notice of Scheduled Appeal Hearing D. Welte mailed to the property owner. 62 of 62 April 16, 2019, Item #3.2