The Willow Glen Resident Homeowner sues city for $1.4 million over code violations Schatzel names individual officials as defendants By Mary Spicuzza After his petition against city officials was denied earlier this year, Willow Glen homeowner Gregory Schatzel is suing the city, including numerous agencies and individual officials, in Santa Clara County Superior Court. The suit, filed Oct. 30, alleges that officials working for the Department of Planning and Building, as well as the office of Code Enforcement, violated Schatzel's civil rights. Schatzel and his attorney, Joe DiPaola, say the officials are guilty of trespassing and of "illegally inspecting" his property at 471 Minnesota Avenue. Because they have been named as defendants in the case, the officials declined to comment. DiPaola had not returned calls from The Resident by deadline. The lawsuit is the latest action after more than a year of disputes that started when code enforcement officers cited Schatzel with 18 building violations. Now Schatzel is demanding more than $1.4 million in compensation from both the city and individuals involved, charging that the situation has caused him emotional distress and cost him money for legal expenses. The trouble started shortly after Schatzel bought the three-bedroom, two-bathroom home from Angelo Fracchia in July 1997. By the end of the month, a neighbor had called the city to complain about extensive renovations at the property. When code enforcement supervisor Mike Hannon and inspector Cindi Gil-Blanco went to the residence the following week, the presence of a construction crew and large dumpster on the property led them to believe that extensive work was being done. Major renovations, especially work on the foundation of a house, requires a permit because of structural, fire safety and plumbing concerns. Gil-Blanco says that when she called Schatzel, he told her that he would obtain the necessary permits. According to code enforcement officials, he never did. At a Jan. 22, 1997, meeting of the San Jose Hearing Appeals Board, Schatzel insisted that numerous phone calls he placed to code enforcement officials had gone unanswered. "I'm not as bad as I'm made out to be," Schatzel said. Officials said that after "stop work" orders were given to Schatzel, an inspection warrant was issued. Upon entering the property, inspectors found 18 violations. The board fined Schatzel for more than $4,000. He then filed a petition arguing against the board's decision. The petition was denied by the Superior Court on April 10, 1998, and another appeal filed June 26 was also denied. Schatzel says he was unfairly penalized. "The individual Defendants harbored ill will, acted with malice, fraud and oppression and/or with conscious disregard of the Plaintiff's rights," his lawsuit states. Although it's unusual to name individual officials in a case against the city, Schatzel's case states it is "to punish the individual defendants for their violations of the law." It also argues that the officials made it impossible for him to meet requirements. The dispute, which began in July, 1997, is scheduled for hearing in Santa Clara County Superior Court on March 2, 1999. [ Back to Contents Page | Willow Glen Resident Home Page | Archives ] This article appeared in the Willow Glen Resident, December 9, 1998. ©1998 Metro Publishing, Inc. All rights reserved.