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ROBERT H. PITTMAN #172154
County Counsel
IVAN R. JIMENEZ #313644
Deputy County Counsel
County of Sonoma
575 Administration Drive, Room 105
Santa Rosa, California 95403
Telephone: (707) 565-2421
Fax: (707) 565-2624
Ivan.Jimenez@sonoma-county.org
Attorneys for Plaintiff
COUNTY OF SONOMA
SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SONOMA
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COUNTY OF SONOMA, Case No. 23CV02161
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14 Plaintiff,
STIPULATED PRELIMINARY
15 Vv. INJUNCTION
16 Date: February 6, 2024
DAVID SCOTT HANSEN AND
17 REGINA VICTORIA HANSEN AS Time: 9:00 a.m.
TRUSTEES OF THE HANSEN Dept. 18
18 FAMILY TRUST, DATED MARCH. Honorable Christopher M. Honigsberg
19 16, 2011, AND THE HANSEN
FAMILY TRUST, DATED MARCH
20 16, 2011, and DOES 1 through 20,
inclusive,
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22 Defendants.
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24 Plaintiff the County of Sonoma (“County”) and Defendants David Scott Hansen and Regina
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Victoria Hansen, Trustees of the Hansen Family Trust Dated March 16, 2011, and the Hansen
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Family Trust Dated March 16, 2011 (“Defendants”), desire to enter into this Stipulated Preliminary
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Injunction, as follows:
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Stipulated Preliminary Injunction
RECITALS
WHEREAS, Defendants own the real property known as 8404 Brand Lane, Penngrove,
California, Assessor Parcel Number 047-202-044 (“the Property”);
WHEREAS, on June 24, 2022, and June 30, 2022, the Sonoma County Permit and
Resources Management Department (“Permit Sonoma”) issued the following violations on the
Property:
Violation VBU22-0266 — Building Code violation due to an unpermitted diesel fuel
storage tank (“Unpermitted Tank”), and
Violation VGR22-0018 — Grading Code violation due to hazardous grading of
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excavating under a residence (“Hazardous Grading”);
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WHEREAS, on November 3, 2022, an administrative hearing occurred to consider
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Defendants’ appeal of the Unpermitted Tank and Hazardous Grading violations;
WHEREAS, on December 16, 2022, an Administrative Hearing Decision and Order
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(“Admin Order”) was issued, which ordered Defendants to apply for permits to abate the
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Unpermitted Tank and Hazardous Grading violations, reimburse the County its abatement costs
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17 incurred in the administrative process, and pay civil penalties;
18 WHEREAS, on October 20, 2023, Permit Sonoma issued the following violations on the
19 Property:
20 Violation VBU23-0430 — Building Code violation due to unpermitted construction
21 of an accessory structure (“Unpermitted Construction”), and
22 Violation VPL23-0430 — Zoning Code violation due to junkyard conditions
23 (“Junkyard Conditions”);
24 WHEREAS, Defendants timely appealed the violations issued on October 20, 2023;
25 WHEREAS, on November 3, 2023, Permit Sonoma issued a Stop Work Order indicating
that all unpermitted construction on the Property must immediately cease;
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WHEREAS, on January 2, 2024, Permit Sonoma obtained an inspection warrant from this
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Court;
Stipulated Preliminary Injunction
WHEREAS, on January 10, 2024, Permit Sonoma confirmed Defendants violated the Stop
Work Order by continuing to engage in unpermitted construction on the Property;
WHEREAS, on January 10, 2024, Permit Sonoma issued the following previously
unidentified violations on the Property:
° VBU24-0015 — Building Code Violation due to an unpermitted water tank greater
than 5,000 gallons,
VBU24-0018, VBU24-0019, and VBU24-0020 — Building Code Violations due to
unpermitted electrical and unpermitted plumbing in three accessory structures,
VBU24-0021 and VBU24-0022 — Building Code Violations due to unpermitted
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construction of two accessory structures within 50 feet of each other,
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VBU24-0017 and VBU24-0023 — Building Code Violations due to unpermitted
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construction of a subterranean mechanical room with hazardous electrical and a
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dangerous building with buckling supports and hazardous electrical,
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VPL24-0007 — Zoning Code violation due to unpermitted occupancy of a travel
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trailer, and
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17 VGR24-0002 — Grading Code violation due to unpermitted trenching of 70 cubic
18 yards.
19 WHEREAS, Defendants timely appealed the violations issued on January 10, 2024;
20 WHEREAS, on January 18, 2024, the County submitted an Ex Parte Application for a
21 temporary restraining order (“TRO”) and order to show cause why a preliminary injunction should
22 not issue (“OSC”);
23 WHEREAS, on January 18, 2024, the Court issued an order grating the TRO requested by
24 the County and setting an OSC hearing for February 6, 2024, to determine why a preliminary
25 injunction should not issue pending trial of the underlying nuisance action;
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WHEREAS, on January 19, 2024, Defendants were personally served with the Court’s
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Order regarding the TRO and OSC;
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Stipulated Preliminary Injunction
WHEREAS, on February 1, 2024, the County and Defendants (“the Parties”) met and
conferred to discuss the violations issued by the County and the steps Defendants need to take to
abate all violations on the Property. During the discussion, Defendants indicated the water tank can
hold up to 5,000 gallons and the County agreed to close the violation VBU24-0015 (unpermitted
ater tank). The Parties also discussed scheduling a compliance inspection. If the County verifies
the utility connections have been removed from the travel trailer and the trailer and not used for
occupancy, the County will close the violation VPL24-0007 (unpermitted occupancy of travel
trailer);
WHEREAS, the Parties desire to avoid the expense associated with an OSC hearing and to
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focus on abating the violations on the Property;
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NOW, THEREFORE, the Parties hereby stipulate to the following:
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1 Preliminary Injunction. Defendants, their agents, employees, representatives,
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successors, assigns, and all those acting in concert with them, shall be restrained and enjoined from
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a. Creating violations of the Sonoma County Building, Grading, Septic, or Zoning
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Codes or regulations on the Property;
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17 Expanding the current violations that exist on the Property; and
18 Engaging in any unpermitted construction, unpermitted grading, or unpermitted
19 occupancy of travel trailers on the Property.
20 2 Exclusions to Preliminary Injunction. If Defendants apply for and obtain a permit
21 from the County, Defendants may commence work authorized by such permit pursuant to the
22 permit’s terms and conditions, even if the Preliminary Injunction remains in effect. In addition,
23 structures that are exempt from a permit pursuant to and otherwise compliant with the Sonoma
24 County Code, are exempt from this Preliminary Injunction.
25 3 Inspections. County staff and their agents may enter the Property during business
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hours, with one (1) business day email notice to Defendants, by sending an email to Defendants at
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AltaCal-Keystone@protonmail.com, and to their attorney of record, Len Rifkind at
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len@rifkindlawgroup.com, to monitor compliance with this Stipulated Preliminary Injunction.
Stipulated Preliminary Injunction
4 Duration. This Stipulated Preliminary Injunction shall remain in effect until either:
(i) the parties file a stipulated judgment with the Court, (ii) the Court issues a judgment/order in the
nuisance action filed by the County after a trial is held, or (iii) the Parties stipulate otherwise.
5 Execution of Stipulation. This Stipulation may be executed in counterparts and
signed on multiple signature pages and the signatures may be transmitted electronically by so-called
“PDF” format, computer scanning, or by facsimile.
(Signatures on the next page.)
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Stipulated Preliminary Injunction
DocuSign Envelope ID: B01A594C-0B33-4215-B5CB-9FCFF894FE47
IT IS SO STIPULATED:
COUNTY OF SONOMA
Dated: February 5, 2024 By:
Tyra Harrington
Permit Sonoma
Code Enforcement Manager
/—Docusigned by:
Dated: February 5, 2024 By Dawid, Scott Hanser, Trustee
David Scott-HersenErustee
Hansen Family Trust
(Doeusioned by:
we
10 Dated: February 5, 2024 By
Regina Vieteria#kemgen, Trustee
11 Hansen Family Trust
12 /—DocuSigned by:
13 Dated: February 5, 2024 By
Hansen een March 16, 2011
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16 Approved as to form:
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18 Dated: February 5, 2024 By
Ivan R. Jimenez
19 Deputy County Counsel
Attorneys for Plaintiff
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(fimo by: b.
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Dated: February 5, 2024 By
22 Leonard Eson®padwedeifkind
Attorney for Defendants
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24
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26 IT IS SO ORDERED:
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28 DATED: February » 2024
Honorable Christopher M. Honigsberg
Stipulated Preliminary Injunction
IT IS SO STIPULATED:
COUNTY OF SONOMA
Tpe Warsington
Dated: February 5, 2024 By:
Tyra Harrington
Permit Sonoma
Code Enforcement Manager
Dated: February 5, 2024 By
David Scott Hansen, Trustee
Hansen Family Trust
10 Dated: February 5, 2024 By
Regina Victoria Hansen, Trustee
11 Hansen Family Trust
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13 Dated: February 5, 2024 By
Hansen Family Trust, Dated March 16, 2011
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16 Approved as to form:
17 ar
Dated: February 5, 2024 By
Ci
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IvanR- jenez
19 Deputy unty Counsel
Attorneys for Plaintiff
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Dated: February 5, 2024 By
22 Leonard (“Len”) A. Rifkind
Attorney for Defendants
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26 IT IS SO ORDERED:
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28 DATED: February _ , 2024
Honorable Christopher M. Honigsberg
Stipulated Preliminary Injunction
20240204 Final Stipulated Preliminary Injunction
Final Audit Report 2024-02-05
Created: 2024-02-05
By: Cheryl Cornett (Cheryl.Cornett@sonoma-county.org)
Status: Signed
Transaction ID: CBJCHBCAABAASX8anesoWSjpeXOe03wUrG_qdHiTVbyx
"20240204 Final Stipulated Preliminary Injunction" History
©) Document created by Cheryl Cornett (Cheryl.Cornett@sonoma-county.org)
2024-02-05 - 10:19:49 PM GMT- IP address: 209.77.204.154
E% Document emailed to Tyra Harrington (Tyra.Harrington@sonoma-county.org) for signature
2024-02-05 - 10:21:04 PM GMT
©) Email viewed by Tyra Harrington (Tyra.Harrington@sonoma-county.org)
2024-02-05 - 10:21:50 PM GMT- IP address: 104.47.65.254
& Document e-signed by Tyra Harrington (Tyra.Harrington@sonoma-county.org)
Signature Date: 2024-02-05 - 10:25:11 PM GMT - Time Source: server- IP address: 209.77.204.154
@ Agreement completed.
2024-02-05 - 10:25:11 PM GMT
COUNTY OF Poweredby
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ROBERT H. PITTMAN #172154 County Counsel IVAN R. JIMENEZ #313644 Deputy County Counsel County of Sonoma 575 Administration Drive, Room 105 Santa Rosa, California 95403 Telephone: (707) 565-2421 Fax: (707) 565-2624 Ivan.Jimenez@sonoma-county.org Attorneys for Plaintiff COUNTY OF SONOMA SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SONOMA 11 12 COUNTY OF SONOMA, Case No. 23CV02161 13 14 Plaintiff, STIPULATED PRELIMINARY 15 Vv. INJUNCTION 16 Date: February 6, 2024 DAVID SCOTT HANSEN AND 17 REGINA VICTORIA HANSEN AS Time: 9:00 a.m. TRUSTEES OF THE HANSEN Dept. 18 18 FAMILY TRUST, DATED MARCH. Honorable Christopher M. Honigsberg 19 16, 2011, AND THE HANSEN FAMILY TRUST, DATED MARCH 20 16, 2011, and DOES 1 through 20, inclusive, 21 22 Defendants. 23 24 Plaintiff the County of Sonoma (“County”) and Defendants David Scott Hansen and Regina 25 Victoria Hansen, Trustees of the Hansen Family Trust Dated March 16, 2011, and the Hansen 26 Family Trust Dated March 16, 2011 (“Defendants”), desire to enter into this Stipulated Preliminary 27 Injunction, as follows: 28 Stipulated Preliminary Injunction RECITALS WHEREAS, Defendants own the real property known as 8404 Brand Lane, Penngrove, California, Assessor Parcel Number 047-202-044 (“the Property”); WHEREAS, on June 24, 2022, and June 30, 2022, the Sonoma County Permit and Resources Management Department (“Permit Sonoma”) issued the following violations on the Property: Violation VBU22-0266 — Building Code violation due to an unpermitted diesel fuel storage tank (“Unpermitted Tank”), and Violation VGR22-0018 — Grading Code violation due to hazardous grading of 10 excavating under a residence (“Hazardous Grading”); 11 WHEREAS, on November 3, 2022, an administrative hearing occurred to consider 12 Defendants’ appeal of the Unpermitted Tank and Hazardous Grading violations; WHEREAS, on December 16, 2022, an Administrative Hearing Decision and Order 14 (“Admin Order”) was issued, which ordered Defendants to apply for permits to abate the 15 Unpermitted Tank and Hazardous Grading violations, reimburse the County its abatement costs 16 17 incurred in the administrative process, and pay civil penalties; 18 WHEREAS, on October 20, 2023, Permit Sonoma issued the following violations on the 19 Property: 20 Violation VBU23-0430 — Building Code violation due to unpermitted construction 21 of an accessory structure (“Unpermitted Construction”), and 22 Violation VPL23-0430 — Zoning Code violation due to junkyard conditions 23 (“Junkyard Conditions”); 24 WHEREAS, Defendants timely appealed the violations issued on October 20, 2023; 25 WHEREAS, on November 3, 2023, Permit Sonoma issued a Stop Work Order indicating that all unpermitted construction on the Property must immediately cease; 27 WHEREAS, on January 2, 2024, Permit Sonoma obtained an inspection warrant from this 28 Court; Stipulated Preliminary Injunction WHEREAS, on January 10, 2024, Permit Sonoma confirmed Defendants violated the Stop Work Order by continuing to engage in unpermitted construction on the Property; WHEREAS, on January 10, 2024, Permit Sonoma issued the following previously unidentified violations on the Property: ° VBU24-0015 — Building Code Violation due to an unpermitted water tank greater than 5,000 gallons, VBU24-0018, VBU24-0019, and VBU24-0020 — Building Code Violations due to unpermitted electrical and unpermitted plumbing in three accessory structures, VBU24-0021 and VBU24-0022 — Building Code Violations due to unpermitted 10 construction of two accessory structures within 50 feet of each other, ll VBU24-0017 and VBU24-0023 — Building Code Violations due to unpermitted 12 construction of a subterranean mechanical room with hazardous electrical and a 13 dangerous building with buckling supports and hazardous electrical, 14 VPL24-0007 — Zoning Code violation due to unpermitted occupancy of a travel 15 trailer, and 16 17 VGR24-0002 — Grading Code violation due to unpermitted trenching of 70 cubic 18 yards. 19 WHEREAS, Defendants timely appealed the violations issued on January 10, 2024; 20 WHEREAS, on January 18, 2024, the County submitted an Ex Parte Application for a 21 temporary restraining order (“TRO”) and order to show cause why a preliminary injunction should 22 not issue (“OSC”); 23 WHEREAS, on January 18, 2024, the Court issued an order grating the TRO requested by 24 the County and setting an OSC hearing for February 6, 2024, to determine why a preliminary 25 injunction should not issue pending trial of the underlying nuisance action; 26 WHEREAS, on January 19, 2024, Defendants were personally served with the Court’s 27 Order regarding the TRO and OSC; 28 Stipulated Preliminary Injunction WHEREAS, on February 1, 2024, the County and Defendants (“the Parties”) met and conferred to discuss the violations issued by the County and the steps Defendants need to take to abate all violations on the Property. During the discussion, Defendants indicated the water tank can hold up to 5,000 gallons and the County agreed to close the violation VBU24-0015 (unpermitted ater tank). The Parties also discussed scheduling a compliance inspection. If the County verifies the utility connections have been removed from the travel trailer and the trailer and not used for occupancy, the County will close the violation VPL24-0007 (unpermitted occupancy of travel trailer); WHEREAS, the Parties desire to avoid the expense associated with an OSC hearing and to 10 focus on abating the violations on the Property; ll NOW, THEREFORE, the Parties hereby stipulate to the following: 12 1 Preliminary Injunction. Defendants, their agents, employees, representatives, 13 successors, assigns, and all those acting in concert with them, shall be restrained and enjoined from 14 a. Creating violations of the Sonoma County Building, Grading, Septic, or Zoning 15 Codes or regulations on the Property; 16 17 Expanding the current violations that exist on the Property; and 18 Engaging in any unpermitted construction, unpermitted grading, or unpermitted 19 occupancy of travel trailers on the Property. 20 2 Exclusions to Preliminary Injunction. If Defendants apply for and obtain a permit 21 from the County, Defendants may commence work authorized by such permit pursuant to the 22 permit’s terms and conditions, even if the Preliminary Injunction remains in effect. In addition, 23 structures that are exempt from a permit pursuant to and otherwise compliant with the Sonoma 24 County Code, are exempt from this Preliminary Injunction. 25 3 Inspections. County staff and their agents may enter the Property during business 26 hours, with one (1) business day email notice to Defendants, by sending an email to Defendants at 27 AltaCal-Keystone@protonmail.com, and to their attorney of record, Len Rifkind at 28 len@rifkindlawgroup.com, to monitor compliance with this Stipulated Preliminary Injunction. Stipulated Preliminary Injunction 4 Duration. This Stipulated Preliminary Injunction shall remain in effect until either: (i) the parties file a stipulated judgment with the Court, (ii) the Court issues a judgment/order in the nuisance action filed by the County after a trial is held, or (iii) the Parties stipulate otherwise. 5 Execution of Stipulation. This Stipulation may be executed in counterparts and signed on multiple signature pages and the signatures may be transmitted electronically by so-called “PDF” format, computer scanning, or by facsimile. (Signatures on the next page.) // // 10 / 11 / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Preliminary Injunction DocuSign Envelope ID: B01A594C-0B33-4215-B5CB-9FCFF894FE47 IT IS SO STIPULATED: COUNTY OF SONOMA Dated: February 5, 2024 By: Tyra Harrington Permit Sonoma Code Enforcement Manager /—Docusigned by: Dated: February 5, 2024 By Dawid, Scott Hanser, Trustee David Scott-HersenErustee Hansen Family Trust (Doeusioned by: we 10 Dated: February 5, 2024 By Regina Vieteria#kemgen, Trustee 11 Hansen Family Trust 12 /—DocuSigned by: 13 Dated: February 5, 2024 By Hansen een March 16, 2011 14 15 16 Approved as to form: 17 18 Dated: February 5, 2024 By Ivan R. Jimenez 19 Deputy County Counsel Attorneys for Plaintiff 20 (fimo by: b. 21 Dated: February 5, 2024 By 22 Leonard Eson®padwedeifkind Attorney for Defendants 23 24 25 26 IT IS SO ORDERED: 27 28 DATED: February » 2024 Honorable Christopher M. Honigsberg Stipulated Preliminary Injunction IT IS SO STIPULATED: COUNTY OF SONOMA Tpe Warsington Dated: February 5, 2024 By: Tyra Harrington Permit Sonoma Code Enforcement Manager Dated: February 5, 2024 By David Scott Hansen, Trustee Hansen Family Trust 10 Dated: February 5, 2024 By Regina Victoria Hansen, Trustee 11 Hansen Family Trust 12 13 Dated: February 5, 2024 By Hansen Family Trust, Dated March 16, 2011 14 15 16 Approved as to form: 17 ar Dated: February 5, 2024 By Ci 18 IvanR- jenez 19 Deputy unty Counsel Attorneys for Plaintiff 20 21 Dated: February 5, 2024 By 22 Leonard (“Len”) A. Rifkind Attorney for Defendants 23 24 25 26 IT IS SO ORDERED: 27 28 DATED: February _ , 2024 Honorable Christopher M. Honigsberg Stipulated Preliminary Injunction 20240204 Final Stipulated Preliminary Injunction Final Audit Report 2024-02-05 Created: 2024-02-05 By: Cheryl Cornett (Cheryl.Cornett@sonoma-county.org) Status: Signed Transaction ID: CBJCHBCAABAASX8anesoWSjpeXOe03wUrG_qdHiTVbyx "20240204 Final Stipulated Preliminary Injunction" History ©) Document created by Cheryl Cornett (Cheryl.Cornett@sonoma-county.org) 2024-02-05 - 10:19:49 PM GMT- IP address: 209.77.204.154 E% Document emailed to Tyra Harrington (Tyra.Harrington@sonoma-county.org) for signature 2024-02-05 - 10:21:04 PM GMT ©) Email viewed by Tyra Harrington (Tyra.Harrington@sonoma-county.org) 2024-02-05 - 10:21:50 PM GMT- IP address: 104.47.65.254 & Document e-signed by Tyra Harrington (Tyra.Harrington@sonoma-county.org) Signature Date: 2024-02-05 - 10:25:11 PM GMT - Time Source: server- IP address: 209.77.204.154 @ Agreement completed. 2024-02-05 - 10:25:11 PM GMT COUNTY OF Poweredby Adobe SONOMA Acrobat Sign