The Willow Glen Resident

Council Watch

Produce market found in violation of code

By Michelle Ku

When Bob Vlahopouliotis, who until two months ago owned the San Jose Farmers Produce at 640 Minnesota Ave., embellished his outdoor market with a green and yellow awning, he didn't realize the improvement would draw the attention of city code enforcers and dredge up long-existing violations, said his son, Chris Vlahopouliotis, who was at the time general manager of the market. Although Bob Vlahopouliotis sold the market two months ago, he still owns the property and must make good on a compliance order from the city to bring the building up to code. This includes securing a conditional use permit for the market, now called San Jose Produce Market.

"It wasn't to undermine the city or the laws; we just wanted to make it look nice for the neighborhood," Vlahopouliotis said of the awning.

After a neighbor complained last May, owner Vlahopouliotis received a compliance order from the city not only to take down the awning but to obtain a conditional use permit (CUP); a permit the market had been operating without for 20 years though it was required, confirmed Dean Zeisbrich, an inspector with San Jose's Code Enforcement Department. They were also told to demolish an outdoor, walk-in produce bin they had put in six years earlier.

"Until a complaint comes up, nothing is usually done. I am the only proactive commercial code enforcer," Zeisbrich said.

To be in compliance, the market should have a conditional use permit, as well as a planning and building permit for changes or add-ons to the exterior of the building, Zeisbrich said. The market requires a CUP because it is an outdoor business in close proximity to residential areas, he added.

A first-generation Greek-American, Bob Vlahopouliotis didn't understand what needed to be done to stay in compliance with the laws, his son, Chris, said. Now that he does, everything will be taken care of, he added.

"We kept our agreement with the city, and whatever hasn't been rectified will be rectified," he said.

The market has until Dec. 11 to comply with city code. This deadline was pushed back from an earlier Sept. 7 deadline, after the owners proved they were voluntarily working toward meeting the regulations.

"They haven't come into compliance, but they've met a number of the goals that have been set on the time schedule," Zeisbrich commented. "We're waiting for them to perform."

According to Chris Vlahopouliotis, the owner of the former San Jose Farmers Produce did not meet the earlier deadline because the outside consultant hired to ensure compliance with the codes did not do the work. That consultant has been fired, and outside consultant Sal Caruso is now handling the situation.

"I'm sure Caruso will be able to bring them through the rest of it by the due date," Zeisbrich said.

Cecily Barnes contributed to this story.

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