Getting your Trinity Audio player ready...
An excavated pit on a lot at the corner of Beatrice Street and Meridian Way in Mountain View on Feb. 10. Photo by Seeger Gray.

A large exposed pit in a residential area of Mountain View has drawn the ire of neighbors, led to warnings from the city and sparked a lawsuit claiming that the excavation caused a wooden fence to collapse and damaged an adjacent property.

The site has effectively been left abandoned in an unsafe condition that requires immediate corrective action.

John Carr, Deputy Building Official

The deep hole was created a few years ago when a property owner demolished a home at the corner of Beatrice Street and Meridian Way in Mountain View’s Rex Manor neighborhood, an area north of Central Expressway that consists mostly of single-family homes. 

The pit covers much of the lot. The site appears to be abandoned with no construction visibly in progress – a situation that has frustrated surrounding residents who say the hole is a public blight and safety hazard.

“We’ve contacted the city, and they have been unhelpful in helping remedy the situation, which is disappointing because it does involve other people’s property rights,” said Gary Lekan, a longtime Rex Manor resident. “What they say is they don’t have any real authority in the situation.”

Last September, Cynthia Schwarting, a retired school teacher whose home sits near the hole, and her daughter Meredith Clancy filed a lawsuit against the property owner, Kyle Kwong, and the city of Mountain View. The lawsuit alleges that Kwong failed to secure the required permits or pass the necessary inspections to carry out the project.

Kwong and his spouse, Erdan Liu, purchased the property in 2021, according to county records. At the time, there was a single-story home on the site. It is unclear exactly when the home was razed although a city report states that it was aware of unpermitted demolition and excavation activities in 2023.

Permit applications submitted to the city in 2024 show a proposal for a two-story home with a basement, attached garage and accessory dwelling unit. But while the big pit was dug, nothing has been built in its place.

Kwong declined to comment on the lawsuit or his plans for the property.

The removal of large amounts of soil resulted in a “sheer, vertical, and unsupported cliff” that allegedly destabilized Schwarting’s property, according to the lawsuit. A fence collapsed, and there is the potential for further landslides, the lawsuit said.

The lawsuit also alleges that the city failed to effectively enforce building and safety codes, despite being aware of the situation. In the lawsuit, Schwarting and Clancy claim the city said it “can’t do anything” to enforce the property owner’s compliance unless more damage is done to a utility line.

“The ongoing hazard therefore continues unabated,” the lawsuit said.

The city declined to comment on the lawsuit’s allegations or community concerns about the pit.

“Due to active litigation concerning this property, the city of Mountain View isn’t commenting on the matter,” City spokesperson Lenka Wright told the Voice.

City issues report of violations

Caution signs leaning against a fence surrounding the excavated pit on Feb. 10. Photo by Seeger Gray.

Last April, the city sent Kwong and Liu a notice warning about various code violations associated with their property. 

“Due to the aggressive grading and over excavation conducted at the project site under your direction as the contractor, the soil has eroded extensively,” Deputy Building Official John Carr wrote. “The site has effectively been left abandoned in an unsafe condition that requires immediate corrective action.”

The document includes a timeline of issues at the site, starting with the unpermitted dumping of soil back in 2023. Since then, multiple agencies have notified the city of alleged hazards posed by the project.

In August 2024, the city issued a “stop work order” for “tampering with the PG&E electrical line and meter,” according to the timeline. Another city report describes “live, high voltage cables dangling off [a] construction fence.”

That same year, the California Department of Industrial Relations and Health notified the city that it had issued a red tag for the site upon learning about worker safety issues, according to the notice of violation. Santa Clara County Vector Control also told the city it treated the site for mosquitos due to concerns about standing water in the pit, according to the city’s timeline.

Other problems described in the city’s letter included expired demolition and building permits, as well as a suspended contractor’s license. The notice also cited infractions like abandoned equipment and debris that had sunk into the pit, unsecured construction fencing and deteriorating soil conditions that threatened the integrity of public sidewalks.

The city told Kwong and Liu in April 2025 that various corrective actions needed to be completed within specified time frames. These included reactivating permits within two weeks of receiving the notice and beginning construction no more than five days after the necessary permit was issued.

If these conditions were not met, Kwong and Liu could be fined $2,000 per day, the city said.

It is unclear if the violations were resolved within the required timeframes, or even afterwards. City spokesperson Lenka Wright declined a Voice request to speak with an official about the situation, citing active litigation.

In the meantime, residents are hoping that the hole will be backfilled but have doubts it will happen anytime soon.

“The whole neighborhood is just incredibly frustrated with how long this has taken to resolve,” said one Rex Manor resident who asked to remain anonymous. “It’s unclear to us how much authority the city has, but we feel like they could be doing something more.

“This blight just seems unacceptable,” she added.

Most Popular

Emily Margaretten joined the Mountain View Voice in 2023 as a reporter covering politics and housing. She was previously a staff writer at The Guardsman and a freelance writer for several local publications,...

Join the Conversation

6 Comments

  1. The article did not mention that the owner was also caught illegally dumping all of the soil that they removed as well. I believe they dumped it in another city.

  2. The city is notoriously slow at sending out letters. They like to brag about how few code enforcement letters they send out.

    In other cities I’ve lived in, if I didn’t mow my grass, within weeks, they send me a letter saying they will begin fines within 14 days. Mr Armando Lara at the city likes to play nice for too long rather than sending out letters.

Leave a comment