Friday, August 25, 2017

SUPERIOR COURT OF MONTEREY COUNTY: CITY OF CARMEL-BY-THE-SEA Plaintiff, v. STOFFER JOZEF WAGELAAR AND ANNA DEPASQUALE WAGELAAR, AS CO-TRUSTEES OF THE JOSEF WAGELAAR REVOCABLE TRUST ESTABLISHED BY DECLARATION OF TRUST DATED JANUARY 31, 2007 AS RESTATED JULY 24, 2014; DOES 1-25. Defendants. (17CV002052)

ABSTRACT:  On June 6, 2017, in SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF MONTEREY, Attorneys for Plaintiff, City of Carmel-by-the-Sea, namely Donald Freeman, Esq. City Attorney Carmel-by-the-Sea and Glen R. Mozingo, Esq. Assistant City Attorney, filed a VERIFIED COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF in CITY OF CARMEL-BY-THE-SEA Plaintiff,v. STOFFER JOZEF WAGELAAR AND ANNA DEPASQUALE WAGELAAR, AS CO-TRUSTEES OF THE JOSEF WAGELAAR REVOCABLE TRUST ESTABLISHED BY DECLARATION OF TRUST DATED JANUARY 31, 2007 AS RESTATED JULY 24, 2014; DOES 1-25. Defendants (Case Number 17CV002052).
FIRST CAUSE OF ACTION
VIOLATION OF CARMEL-BY-THE-SEA MUNICIPAL CODE SECTION 17.08.060 CITY ORDINANCE (89-17)
SECOND CAUSE OF ACTION
REQUEST FOR AN ACCOUNTING OF ILLEGAL RENTAL OF SINGLE-FAMILY RESIDENCES WITHIN THE R-1 DISTRICT
(Carmel Municipal Code Section 3.32.080)
THIRD CAUSE OF ACTION
FAILURE OF DEFENDANTS TO REGISTER WITH THE CITY AS AN OPERATOR OF A HOSTELRY
(Carmel Municipal Code Section 3.32.050)
FOURTH CAUSE OF ACTION
FAILURE TO COLLECT TRANSIENT OCCUPANCY TAX AND REPORT RENTS
(Carmel Municipal Code Sections 3.32.020, 3.32.040, 3.32.060)
PRAYER FOR RELIEF
WHEREFORE, Plaintiff CITY OF CARMEL-BY-THE-SEA prays for reliefs as follows:
  1.  That under C.M.C. Code Section 17.08.060 Prohibited Uses, City Ordinance (89-17) Defendants, Stoffer Jozef Wagelaar and Anna De Pasquale Wagelaar, their successors, agents, representatives, employees, and all persons or entities who act in concert with or on behalf of the Defendants be preliminarily and permanently enjoined from committing any act in violation of C.M.C. Code Section 17.08.060 Prohibited Uses, City Ordinance (89-17) including the violations alleged in the First, Second, Third, and Fourth Causes of Action.
  2. That under C.M.C. Code Section 17.080.060 Prohibited Uses, City Ordinance (89-17), Defendants be ordered to pay an amount to be determined at the time of trial for each violation of the City Ordinance (89-17).
  3. That the Defendants, Stoffer Jozef Wagelaar and Anna De Pasquale Wagelaar, be required to turn over to the City of Carmel-by-the-Sea, within fifteen (15) days from the date of this Complaint, an accounting indicating any and all rentals of less than thirty (30) consecutive days of the Wagelaar residence and any and all other rentals of less than thirty (30) consecutive days of single-family residences in the R-1 district from June 1st 2015 through the date of filing of this Complaint.
  4. That Plaintiff recovers its costs of the suit herein, including attorneys' fees and costs of investigation.
  5.  For such other and further relief the Court may deem just and proper.
The City of Carmel by the Sea vs. Stoffer Jozef Wagelaar, Co- Trustees of the Josef Wagelaar Revocable Trust Established By Declaration of trust dated January 31,2007 as restated July 24, 2014, et al. (17CV002052) case file copy, including Summons, Notice of Judicial Assignment and Case Management Conference and VERIJFIEID COMPLAINT including EXHIBIT A, EXHIBIT B, EXHIBIT C, EXHIBIT D, EXHIBIT E, EXHIBIT F, EXHIBIT G, EXHIBIT H, EXHIBIT I, EXHIBIT J and EXHIBIT K, is embedded. At the August 8, 2017 city council meeting, Announcements from Closed sessions, City Attorney Glen Mozingo stated that the matter had been “settled.”  Defendant agreed he was in violation of the law and has agreed to pay the City a “fee” of $42,100.   And provided there are no further violations in the next 24 months, at the end of 24 months the City intends to waive city attorney fees, some small percentage of the TOT tax, first tier penalties, second tier penalties, fraud penalties and interest.  For others engaging in similar unlawful conduct, the City will invoke an amnesty period of 90 days for those to contact the City, after which time the City will prosecute alleged violators. 
CITY OF CARMEL-BY-THE-SEA Plaintiff, v. STOFFER JOZEF WAGELAAR AND ANNA DEPASQUALE WAGELAAR, AS COTRUSTEES OF THE JOSEF WAGELAAR REVOCABLE TRUST ESTABLISHED BY DECLARATION OF TRUST DATED JANUARY 31, 2007 AS RESTATED JULY 24, 2014; DOES 1-25. Defendants.
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF FOR VIOLATIONS OF CARMEL-BY-THE-SEA CMC: 17.08.060 PROHIBITED USES ORDINANCE 89-17 (PROPERTY OWNER UTILIZING PROPERTY FOR TRANSIENT LODGING USES FOR REMUNERATION IN A RESIDENTIAL DISTRICT).

ILLEGAL COMMERCIAL USE OF A SINGLE-FAMILY RESIDENCE IN THE R-1 DISTRICT.

REQUEST FOR AN ACCOUNTING OF ILLEGAL RENTAL OF A SINGLE-FAMILY RESIDENCE WITHIN THE R-1 DISTRICT.

FAILURE OF DEFENDANTS TO REGISTER WITH THE CITY OF CARMEL-BY-THE-SEA AS AN OPERATOR OF A HOSTELRY.

FAILURE TO COLLECT TRANSIENT OCCUPANCY TAX AND REPORT RENTS

EXHIBIT A Copy of the December 29, 2015 letter
EXHIBIT B VRBO website April 4, 2016
EXHIBIT C Second notice of violation to Defendants April 30, 2016
EXHIBIT D Defendant Josef Wagelaar returned a signed letter acknowledging receipt of Notice of Violation, May 9, 2016
EXHIBIT E VRBO website and found the property "Dutch Casetta" August 8, 2016
EXHIBIT F Via e-mail and telephone conversations, March 14, 2017 Rayne Fairsom
EXHIBIT G Email correspondence March 24, 2017 Gregory Griffith
EXHIBIT H Ee-mail correspondence. March 25, 2017 Raymundo Diazleal.
EXHIBIT I Copies of C.M.C. Section 17.08.060 is an infraction and is subject to civil and  criminal enforcement pursuant to C.M.C. Sections 1.16.010 (c) (3) (b) and _l.16.0l0 H.
EXHIBIT J Copy ofC.M.C. Section 3.32.080
EXHIBIT K Copy of M.C. Chapter 3.32 entitled ''Transient Occupancy Tax"

REFERENCE:
EWING v. CITY OF CARMEL-BY-THE-SEA

Supreme Court Case:
S023822
Court of Appeal Case(s):
Sixth Appellate District
H007702
Case Caption:
EWING v. CITY OF CARMEL-BY-THE-SEA
Case Category:
Review - Civil Appeal
Start Date:
11/15/1991
Case Status:
case closed
Issues:
none
Disposition Date:
01/08/1992 Petition of review Denied

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