Willow Glen Resident

News

Photograph by Vicki Thompson

Bricks and Mortar: Home construction can fray the nerves of neighbors. A home being constructed on Westgate Avenue in Willow Glen has triggered an unfriendly dialogue between the builder and the adjacent homeowner.

Residential construction can drive wedge between contractor, neighbor

By Alicia Upano

The long days of summer mark the beginning of prime building season. Lots throughout Willow Glen will be transformed as homes are renovated or older homes are razed to build new ones.

Yet the relationship between contractors and neighbors can be a delicate one. Contractors are pressed to construct high-quality homes in a timely manner, while homeowners living next to a construction site may find the work aggravating. Residents point to ceaseless noise, property line disputes, parking problems and unsavory behavior on and near the job sites.

Cities have parameters that limit construction intrusions into daily life, such as set building hours, but city officials emphasize the importance of being neighborly.

"One of the best things you can do is to talk early and often to your neighbors," said Joe Horwedel, San Jose planning, building and code enforcement director. Complaints about builders often manifest as noise, Horwedel said, but often the issue is deeper, such as privacy concerns due to a neighbor's new, larger home.

In San Jose, contractors building within 500 feet of a residence may work only between 7 a.m. and 7 p.m. and not on weekends. However, this stipulation applies only to developments that need a permit or other planning approval. Most single-family homes that are built in older neighborhoods such as Willow Glen don't meet those requirements, including the home beside the Pabros residence.

Broadway Avenue resident Viola Pabros is homebound due to a work-related injury. Her neighbor is building a large home with a setback within feet of her property. Pabros said the construction occurs from sunrise to sundown, every day of the week, leaving her little time to rest.

"For god sakes, why can't they wait for 9 a.m. on Saturday and Sunday? Seven o'clock is early," Pabros said. "It's all within legal limits, so we have nothing to say about it."

On Westgate Avenue, a few homes have gone up around the Smith residence. Michelle Smith and her family have lived on the street for five years, and were fond of the elderly woman who lived next door. When the woman died, the property was sold to the Shadi Swenson family. Swenson's father owns Rockwood Construction, which has been in business for 30 years.

Property disputes

Swenson decided to demolish the home and rebuild, which has created tension between the parties, according to Smith. They disagreed on fence lines and tree removals. Smith says the family car has been hit by the work crew at least eight times.

Smith points to the three weeks of calls before the construction firm paid for its half of the newly installed common fence. Yet Swenson said it was merely a miscommunication as she was away for two weeks, and handled the matter promptly upon her return.

Smith, like Pabros, sought help from the city but found few options. According to Horwedel, many of these frustrations must be considered a "nuisance" and reported to the city's code enforcement division. Often the issue becomes emotional and people no longer talk to each other, Horwedel said. That's when the city will intervene using the county's mediation service to resolve the problems.

Smith has not filed a nuisance complaint because, she said, "It's not so much the noise as the disrespectful attitude. I think a developer should respect people who are already living here."

The problem between the builder and Smith has escalated to the point where each one considers the other unneighborly.

The tension between the neighbors has worn on Swenson as well.

"One thing we've discussed a lot is coming back and having them be our neighbors," said Swenson, who is unsure what they will do after the home is completed.

Since the start of the construction, Swenson said she's been visiting neighbors near the site weekly, and the neighbors have indicated that they are happy with the construction's speed and quality of the new home.

Active approach

While there are frequently several sides to a story, Willow Glen resident Randi Fredricks thinks the professionals in his industry should acquiesce to the homeowners. Fredricks is the former co-owner of Willow Glen Kitchen and Bath, which often subcontracted.

"These are not two people on equal footing," Fredricks said. "You go home and that's a sanctuary. It's very disturbing for people to have to deal with [construction] for months."

That's the philosophy of builders Mike Francis and Tim Casey. "The neighbors are always right," Francis said. Whenever he begins a job, Francis said he introduces himself to neighbors, keeps the lot clean, ensures parking is available, and sets rules with subcontractors for the same mode of behavior. He keeps his work hours between 8 a.m. and 5 p.m., and requests permission to work on weekends.

Tim Casey Construction is based on Lincoln Avenue, but builds throughout the valley, including several homes in Campbell. Casey makes sure the neighbors have the company's working hours, a supervisor's phone number, and they don't work the day before and after a holiday.

"Our philosophy when we're finished with a house is that we want the neighbors to be happy with the neighbor we just built the house for," Casey said.

In addition, Casey expects his job sites to be free of swearing, loud music and smoking. These efforts, the men said, lead to numerous referrals.

The city of Campbell, unlike San Jose, takes it a step further, and doesn't depend on the good behavior of its contractors. Campbell city restricts building on all properties to 8 a.m. to 5 p.m. on weekdays, and 9 a.m. to 4 p.m. on Saturdays. No work on Sunday is allowed.

The restrictions are difficult for contractors who are not used to set hours, said Campbell building official Bill Bruckart. Some are from the Central Valley and are accustomed to starting in the wee hours to beat the heat. If the city receives a complaint, the contractor is given a courtesy call about permissible hours.

"We recognize that contractors come into our community and may not be aware of our policies, but it works well for us," Bruckhart said.

A second complaint leads to a warning, and a contractor is cited upon the third, Bruckart said.

A few years ago, the city adopted another policy that led to better enforcement of construction hours. General contractors are required to post a name and contact number on most job sites in Campbell, Planning Commissioner Liz Gibbons said. "It just keeps people on their toes," she said.

For Gibbons, part of being a Campbell citizen is being able to be heard, including a resident's right to peace at home.

"We've always considered ourselves to be friendly to our citizens, and there's no reason a construction project in your neighborhood should disturb your peace and quiet," Gibbons said.

Gibbons says Campbell's small size enables it to enforce its policies and communicate with its constituency. Campbell is home to nearly 40,000 residents, whereas San Jose has nearly 1 million inhabitants.

Fredricks hopes San Jose will develop a way for neighbors and contractors to work together, beyond the nuisance complaint approach.

"It's ridiculous that you have to call the police to report on your neighbors," Fredricks said. "I'm really disappointed there isn't a law like [Campbell's] on the books."