The Willow Glen Resident

Council Watch

Homeowner to go before appeals board for code violations

Inspectors say Schatzel lacks permits for 18 improvements

By Christine M. Lias

Willow Glen homeowner Greg Schatzel says he was just remodeling his kitchen, but city building-code inspectors believe the work Schatzel was doing on his Minnesota Avenue residence was much more extensive.

Now the matter is set to go before the San Jose Appeals Hearing Board Jan. 22 at 6:30 p.m. to determine if Schatzel's house was renovated legally, with the necessary building permits and under applicable building codes.

"This is rather unusual for a case to go this far," said Cindi Gil-Blanco, building-code enforcement inspector for the Planning Commission. "Most people will comply much sooner with our requests. I tried to point out to [Schatzel] what might happen."

What might happen is that Schatzel could be forced to comply with building codes, stand to pay up to $2,500 a day per violation or reimburse the city for its enforcement costs if the seven-member board decides that Schatzel was in the wrong. According to the city of San Jose, Schatzel lacks permits for 18 different home-improvement efforts--from new bay doors in the dining room to missing smoke detectors to a hood vent in the kitchen that opens into the attic.

But according to a slightly optimistic but reticent Schatzel, no such violations occurred.

"It's just untrue and ridiculous," Schatzel said. "You don't need a permit to remodel a kitchen."

Furthermore, Schatzel claims that he did, indeed, seek help from the city but never got an adequate response.

"I've written a number of letters and asked what I can do. I've asked them to explain to me what it is [that I've done wrong], and I'll not do it. ... I guess I'm frustrated with the bureaucracy," Schatzel said.

The trouble began in July 1997 when Schatzel purchased the property at 471 Minnesota Ave. from Angelo Fracchia. Schatzel wanted to make changes to the three-bedroom, two-bathroom residence, such as adding stucco to the outside façade and building a 7-foot-high fence.

On July 31, a neighbor called the city to complain about Schatzel's renovations. Gil-Blanco and code-enforcement supervisor Mike Hannon went to the residence on Aug. 6, only to find a construction crew, a large dumpster and building activity in progress. It appeared to Gil-Blanco that work was being done on the foundation, a project that requires a building permit.

Gil-Blanco phoned Schatzel to ask what was happening at his Willow Glen property. Schatzel told Gil-Blanco that he would obtain the necessary permits. He never did.

Several days later Gil-Blanco revisited the site and informed Schatzel that a "stop-work" order would be posted on the premises. A compliance order was mailed to Schatzel on Aug. 15, and in November, an inspection warrant was issued.

Despite the 18 violations noted by inspectors, Schatzel claims that he has done nothing wrong. He also said that he only received notice of the pending hearing Jan. 13, almost one month after the notice of his hearing was written. "I just wish all of this would go away," Schatzel said.

Schatzel said he "has no idea what will happen" at the hearing.

"I hope, hope for his sake, that he will [comply with the order], and I don't mean that in a mean-spirited way but for [Schatzel's] sake," Gil-Blanco said. "It is not our goal to take cases to the hearing board."

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