Residents of Sacramento County filed a lawsuit against children of Slavic pastors: Veniamin Bondaruk a.k.a. Ben Bondaruk and Paul Feitser. According to the documents from the County Superior court, someone Bruce and Deanna Peterson accuse immigrants of intentionally causing damage in construction of their house.
The plaintiffs report that realtor Veniamin Bondaruk misled them, selling a house.
It’s stated, that Paul Feitser is the owner of the company “Stix Development”, with its principal place of business in Placer County. This organization is engaged in large-scale land acquisition in Sacramento County, land development for residential properties and its subsequent sale.
Bondaruk, the youngest son of “famous” Pentecostal bishop and pastor of Bethany Slavic missionary church – Adam Bondaruk, is an employee of the “Hybrid Group Realty”.
In October 2016, the Petersons purchased a residential real property through Ben Bondaruk, which he was advertising as a “brand new custom home”. However, after the purchase the new owners commenced occupying the residence and discovered numerous defects in design, construction, workmanship and materials: water damage, doors and rooms with irreparable stains, pimples (many doors required replacing), uneven doors, doorbell wiring non-functional, improperly installed gutters, wooden floor shave paint and plaster stains, furniture scratches, splinter-like area, floor planks improperly installed, paint peeling on window sills, low voltage wiring failed when contractor installed security cameras showing CATS cabling issues, and so forth. Moreover, according to the plaintiffs, fire inspection report was not provided.
In other words, the residence, built by Feitser and sold by Bondaruk, did not meet the Residential Building Standards set forth in California Civil Code § 896 et seq and all applicable building codes.
“The plaintiffs made attempts to raise the issues involved with the residence to Feitser through Bondaruk, which have been unsuccessful to date” – the Petersons wrote in their complaint. “Plaintiffs believe that Bondaruk made false and misleading statements [when selling the residence] to them either for his own gain, or as an agent of Feitser, including regarding repairs and information pertaining to the Residence and Feitser.”
In other words, Ben Bondaruk was obliged to inform customers about the defects and deficiencies in a newly built house. However, according to the plaintiffs, “it was subsequently determined that Bondaruk misrepresented facts about the Residence and failed to disclose information material to the value of the Residence.”
In the lawsuit, the Petersons state that they repeatedly complained to the working addresses of Feitser and Bondaruk during the year, but got no response. Also, the new homeowners did not receive a $10,000 deposit back, which the realtors should have had to transfer to Petersons’ account in case of breach of contract.
“The plaintiffs believe that Feitser has an expired license with the Contractors State License Board; neither Feitser nor Stix have a valid license from the Contractors State License Board; the plaintiffs believe that other defendants were in violation of owner-builder exception to contractor’s license, including violating Business & Professions Code, §7044,” stated in general allegation.
Bruce and Deanna Peterson demanded compensation for damage in amount $300,000 to be paid by Bondaruk and Feitser, as well as payment of all costs of suit and attorney’s fees. The residence, acquired by the Petersons, is currently estimated at approximately $800,000.
In addition, the case documents state that after the trial started, the defendants deleted Stix Development page on Facebook, which seemed to the plaintiffs as an attempt to hide evidence. Feitser also detained provision of documents requested by the court, which in fact delayed the trial process.
As a result, the plaintiff’s lawyer Miles Taylor asked the court to impose sanctions on the defendants in the amount of $5,000. The court halved this amount and issued a warning to Feitser.
Eventually the parties concluded a deal, one of its terms was compensation payment to the Petersons in the amount of $22,500.
Destruction of protected area by the Feitsers
This is not the first time when business activity of the Bondaruks and the Feitsers’ clans is criticized by the local community. As Slavic Sacramento previously informed, earlier at least two members of the Bondaruk family went through high-profile case on real estate fraud in U.S. District Court. Veniamin’s elder brother, Pyotr Bondaruk, got 6 years in prison, only 4,5 of which were served. Evgeniya and Nikolay Feitser went through the case as witnesses.
Feitser’s are in trouble for disturbing protected wetlands
The antisocial activity of Feitser Construction, owned by the Feitsers, has also been the subject of litigation.
So, for example, in March 2011, Pastor Nikolay Feitser and his son Nick were summoned to a hearing at the city hall of Loomis, where a businessman-developer was building the whole street of houses. The subject of the process was illegal grading, destruction of the protected area (town property) adjacent to the Feitsers’ residence. In March 2011, the journalists of the Auburn Journal gave lots of details about this case.
The Loomis administration accused the Feitsers of ruthlessly uprooting trees, grading and clearing vegetation in a protected open space and wetlands area without town permit and their neighbors. According to Councilman Gary Liss, Feitser was “taking it over as if it’s his own property when it’s actually town property.” It got to the point so that the US Army Corps of Military Engineers had to intervene in the conflict.
“The fencing and wire pose a threat to turkeys and other wildlife in the area, and the abandoned cars are “dispersing dangerous chemicals into our water system” – Nikolay Feitser made excuses in the city hall during the hearings.
“I thought everyone would be happy – city and neighbors – but I miscalculated,” – Nikolay Feitser said. According to Feitser, he “did it not with a clear mind”, he was suffering from depression because of his daughter’s death.
Despite of two abandoned cars, trash, debris and bunched up chicken wire on the town property allegedly found in the protected area – photos of which were presented in the Feitser’s written statement, the city administration issued a reprimand to the developers, The Loomis News informs.
In Placer County, where the Feitsers run construction business, Bank of America, Truxel Properties, Midland Funding LLC, PG&E and others have repeatedly sued members of this Feitser’s family businesses. Thеsе аre evidenced by documents from the district court archives.
Business without liability
In the archives of the Department of Consumer Affairs, Slavic Sacramento managed to find the stipulated settlement and disciplinary order, dated to 2016, about revoking of the Constractor’s license for Feitser Homes, Inc., registered for Paul Feitser. The decision was made by deputy attorney general Jeffrey M. Phillips.
In accordance with the accusations against Paul Feitser and his company, he committed several serious violations of Code of Civil Procedure, Business and Professions Code (California Residential Code): wilful violation of State Building Law, criminal conviction, constructing while license suspended, employment of persons subject to coverage under Workers compensation Law/Invalid exemption certificate and others.
In 2003 Paul Feitser was stopped during working hours by the Placer County Police due to reckless driving and driving on suspended, revoked, or restricted license (it had been revoked for DUI), the businessman represented himself as another person, or as a fictitious person, to a police officer. Few months later, Paul Feitser submitted an application for original contractor’s license to the Contractor’s State License Board (the Board) on behalf of Feitser Sons Construction, Inc. He certified that he had never been convicted of any offenses in this state, which was false information. Notably, he did it (misrepresentation of a material fact) more than once.
In Feitser’s case, besides Paul Feitser, Edward Feitser was listed as Responsible Managing Officer (RMO) of Feitser Homes, Inc.
Later on in 2004, 2005 and 2007 Paul Feitser submitted applications for original contractor’s license and for real estate salesperson license, as а result he managed to get restricted sales person’s license only in 2008. And that license was suspended by Department of Real Estate in 2 years for “failing to meet education requirements”.
In 2013 Paul Feitser submitted application for original contractor’s license to the Board as RMO/CEO/president of STIX Development and again misrepresented facts, twice. He certified in his response in questionnaire that neither he nor any company he was a part of was named responsible for any entered on unsatisfied judgements, liens, claims. Though there was the matter lberto Esquivel vs Feitser Homes, Inc. in Sacramento County Superior Court. Alberto Esquivel was awarded judgement against Feitser Homes, Inc. in the amount of $7,140. In the same questionnaire Fietser tried to lie the second time by “forgetting” to represent that his salesperson’s license had been suspended.
Crooked house for Radchuk
In October 2011 Feitser obtained a building permit to construct a dwelling located in Orangeville, Sacramento county. The house is located on the street immodestly named after a family of businessmen – Feitser Lane.
In March 2012 the Building Department inspected the home and issued a correction notice, which specifically stated that the Fire Department still needed to sign off on the construction. Later Sacramento Metropolitan Fire District inspected the home and issued a notice regarding certain code violation found during “main drain test”; correction required immediately, but it was not done.
In May 2012 Marina Radchuk purchased the home for $335,000. Radchuk was informed that the home will have power upon move in, that an emergency request to SMUD had been submitted. In early September, when the family moved in, they did have electricity, but few days later the power went off. Marina Radchuk contacted Feitser’s representative, Vadim Bachinsky, to resolve the problem.
Later on in September, 10 days after moving in, Radchuk and Feitser got a Notice of violation from the Building Department, stating, that the home had been occupied prior to final inspection. Marina Radchuk struggled to resolve the issues with Feitser and got another licensed contractor to inspect her new home. The contractor found several code violations and life safety issues, which required immediate correction. Of course, right after that Radchuk filed complaint with the Board.
Aside from electricity and sprinkler system problems, Marina Radchuk found additional ones with the home – there were cracks in the tile floor, laundry room, painting was not completed and many others. The correction and completion of the work estimated approximately $53,727.
When investigating the case, the Board’s investigator found out that Feitser fraudulently submitted a copy of an inspection record, which he represented pertained to the home on Feitser Lane, when the inspection record was for the home in Carmichael. Paul Feitser also submitted a fraudulent Notice of Completion. In other words, Feitser willfully or fraudulently sold the home to Radchuk when he knew that neither the Fire Department nor the Building Department had given their final approval on the project.
“Respondent [Feitser Homes, Inc.] willfully departed from accepted trade standards for good and workmanlike construction in certain material respects…,” said in documents of this case.
Lie about employees and contracting while license suspended
In December 2007 Paul Feitser submitted an Exemption from Worker’s Compensation form to Registrar of Contractor’s. He certified that he didn’t employ anyone (lots of American companies do that in order not to pay workplace accident compensation). In fact, the Board’s investigator found out that Feitser did employ various persons, including, but not limited to, Vadim Bachinsky and Alex Marmol, who worked for Feitser construction business as project managers as it was stated in some documents.
Paul Feitser also admitted, that he was contracting while his constractor’s license was suspended.
In 2013 Richard and Lisa Downs purchased a new home, constructed by Feitser’s company, for $389,000. The parties signed various contract addendums, including the one for the completion of the back yard for additional $3,000. Mentioned earlier Vadim Bachinsky and Aleks Marmol dealt with the completion of the work but failed. Richard Down filed a complaint with the Board; an industry expert found that the work didn’t meet accepted trade standards and estimated the cost of work on correction and completion as $1,783.
As before, Bachinsky and Marmol were subject to coverage under workers’ compensation law, without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance with Feitser. The Registrar of Contractor’s assessed civil penalties $3,000 against Feitser for this violation, which he tried to appeal.
In April 2013 John Corbett filed a complaint with the Board, alleging that Feitser failed to adequately maintain the storm drain near his home in Granite Bay, resulting in water damage in his spa and spa decking, landscaping and backyard.
Corbett contacted Bachinsky, Feitser’s representative, about water damage and was told the county was responsible for the problem. County representative informed John Corbett that Feitser performed work while his license was suspended, so he asked Bachinsky about general liability insurance. Bachinsky refused to give Corbett the information.
As a result of the investigation, Feitser Homes, Inc.’s constructor’s license was revoked. Paul Feitser had to pay restitutions to the affected people: Marina Radchuk ($53,727), the Downs ($1783), as well as he was prohibited from serving as director in constructor companies. The unsuccessful contractor had to pay the Registrar its costs of investigation in the amount of $24,500. Besides, Feitser had to file a disciplinary contractor’s bond in the amount of $15,000.
“Paul Feitser shall be prohibited from serving as an officer, director, associate, partner, or qualifying individual for any licensee during the time the discipline is imposed” – said in the decision of the Board.
Also Feitser was not allowed to reinstate the license, or apply for another one, for a period of one year.
Slavic Sacramento contacted Feitser’s company for the comments for this article, no response was received. Ben Bondaruk refused to make any public statements.
Ruslan Gurzhiy, SlavicSac.com