The Willow Glen Resident

Council Watch

City takes neighbors' side and condemns burned-out area home

Residents lobby city to shut down another building neglected by the same owner

By Cecily Barnes

A group of Willow Glen residents said they felt justice had been served after one of two homes repeatedly cited for code violations on their street was condemned. The other home, recently slapped with 31 code violations, will be up for review Oct. 23, if the violations are not fixed by Sept. 30. Residents hope to celebrate a similar victory after this meeting, too.

The San Jose Appeals Hearing Board agreed to condemn 958 Terra Bella Ave. at a Sept. 25 meeting. Cleared out by a house fire in June, the blackened home can no longer be legally occupied until it is brought up to code.

"Somebody was living in the back portion of the house after the fire," said Mike Hannon, code enforcement supervisor for the city of San Jose. "There was no electricity, and the city does not permit people to live in dwelling units with no electricity."

At its Oct. 23 meeting, the appeals board will likely review 962 Terra Bella Ave. The home's 31 code violations include holes in the walls, illegal electrical wiring and a rotting porch. If the infractions have not been fixed by the meeting date, owner Sam Curto could be fined up to $2,500 each day for each unfixed violation, Hannon says.

"We're just hoping that Curto will have to fix these places up and rent to a higher quality of people," neighbor Winnie Benanti said.

In August, 50 Terra Bella Avenue neighbors came together and formed a petition asking the code enforcement department to do something about the two homes they call ongoing eyesores.

According to city records, both homes have a long history of code violations, including being illegally converted into duplexes and failing to meet safety and aesthetic standards. Residents fear the owner, Sam Curto, will continue violating codes unless something is done.

"We are hoping that Sam will be fined very heavily because of his track record," Benanti said. "He has been dancing around code for at least 10 years. We want to see Code Enforcement make him bring these houses up to code."

Since 1988, Curto has been cited at least seven times by the city of San Jose's Code Enforcement Department. Code enforcement records show that Curto fixed the problems each time, but was later slapped with violations for other infractions.

Because of the long history of violations, code enforcers say they plan to keep a closer watch. Residents think they are on their way to reaching their goal.

"We were very pleased with the decision," Szoboszlay said. "We just want the neighborhood to be brought back up to the standard of the rest of the houses."

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