dave Tobler

  • 2521 Overlook Drive Walnut Creek, California - Walnut Creek
    4.5 years ago, I reported an un-permitted landscape project behind my residence up on Mockingbird Ln. The owner never secured any engineering for the retaining wall, no survey to get it in the correct location (property line), no geo tech report and no permit. The permit was secured in retrospect but obviously there were no inspections. The survey was done in retrospect and the retaining wall moved back on to their property. The engineering was done in retrospect but not for what was constructed, just a boiler plate picture of standard construction that had nothing to do with what was actually built. I also reported an illegally installed dissipation well that the out fall of all their drain water was diverted too. This well is 12-14' deep in class D clay soils on a steep hillside, which are all C-3 violations as well as the diversion of water onto adjacent properties. (mine) I was told by the city of WC at the time that this was a civil matter and the city would not get involved with the drainage water issue. The flow of water injected down to the claystone bedrock has caused heave under the structure, cracked foundations and shifted the residence out of plumb and out of level, The driveway has separated from the foundation breaking the sewer main and also caused a major gash to open up in Overlook Dr directly in front of the driveway. This massive gash was a result of the drain water running along the claystone bedrock interface and pouring into the utility trench under the street which then caused heave and settlement along the utility trench. This gash was superficially repaired last year and white dot survey markings were placed in the vicinity to monitor any subsequent movement, but the dots have faded and the gash is returning along the same track as before. The dots should be restored and survey monitoring should be resumed. The illegal dissipation well on Mockingbird Ln. is destroying my property as well as the city of Walnut Creek's road base and paving. This condition needs to be addressed. Since the city of WC suggested that the illegal dissipation well is a civil matter and no resolution with the property owner was obtainable, a civil suit has ensued. On the day the Potts's were served the subpoena, they called to police to file a false report stating that I was a child molester, peeping Tom and they feared for the safety of their children, essentially using the WCPD as pawns to harass me for bringing the suit. No charges were ever brought, but no charges for filing a false report were ever brought either. The neighbor's on Mockingbird Ln. have done everything in their power to cause delays and drive up costs in an attempt to prevent me from being able to afford to stay with the suit and see it to fruition, essentially winning by default with deeper pockets rather than doing what is right and what was initially suggested to them; installing a sump and concreting the dissipation well. Now, at this point there are damages to be considered that could have been avoided by simple neighborly participation and proper involvement by the city of Walnut Creek. Please, when the asphalt tears and heaves to a point that will prompt action again by the city, please investigate the cause rather that do a surface repair and repave that will fail again next year. And if an individual reports an illeagal installation, code violation or non-permitted work, please follow up appropriately by requiring actual plans or as-built plans and conduct inspections or require the work be removed and replaced with proper inspection and compliance.