GO SIMON
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Tom McClintock for CA State Controller
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Dick Ackerman for CA Attorney General
Posted on 10/11/2002 8:30:08 AM PDT by chance33_98
Ontario orders woman to vacate home Officials call structure unsafe By BRENDA GAZZAR STAFF WRITER
ON TARIO -- The city says Ontario resident Dorene Hopkins must vacate a small home where her 91-year-old mother has lived for more than 60 years because it is dangerous and a public nuisance.
Hopkins, who lives in a separate home on the East J Street property, received on Sept. 10 a 30-day notice to vacate the rear structure after code enforcement officials inspected the property. The property was cited for property appearance and outside storage of household items.
"It's an old house, but it's my mother's house,' said Hopkins, who did not want her mother's name published. "It's nothing fancy, but it's home. I have not broken any laws, not done anything illegal.'
Hopkins, 71, says she has been singled out for code enforcement action and has no intention of removing her mother from the home. She also says her civil rights have been violated.
Hopkins is scheduled to meet with city officials Monday to discuss options. If Hopkins qualifies, grants may be available to help her with some of the violations, said Brent Schultz, director of housing and development.
"We have serious concerns about the health and safety of the inhabitants of the back structure,' said Schultz. "Based on the pictures I've seen, it would be highly unlikely she could bring the structure in compliance with current building uniform codes. It's so deteriorated.' It has faulty electrical wiring and plumbing, some windows do not meet movement requirements, and the water heater is not properly installed, Schultz said.
The notice also said the exterior siding was substandard and the ceiling throughout the house does not meet height requirements.
Hopkins filed a lawsuit in April charging selective and unreasonable code enforcement inspections, violation of due process and equal protection rights, and retaliation for asserting her First Amendment rights.
"Any problems that are there can be remedied on a piecemeal basis,' said Hopkins' Attorney Mark Blankenship. "There is no great justification for this heavy-handed action other than retaliation.'
Many homes in the city are old and not up to code, he said.
Blankenship said he believes the enforcement action stems from a dispute Hopkins, a volunteer animal rescuer, had with the Inland Valley Humane Society. After Hopkins tried to rescue cats locked in a shed at a gas station and threatened to report the manager for animal cruelty, she herself was turned in to the Humane Society, Blankenship said.
The Humane Society started investigating Hopkins and her involvement with rescuing and adopting cats out of her home, the lawsuit said. At a February council meeting, Hopkins complained about the Humane Society.
On March 5, Hopkins submitted a petition signed by 21 residents denying allegations made by the society, the lawsuit said.
On March 8, Hopkins received a warning from code enforcement, stating Hopkins was in violation of city municipal code for large accumulation of trash and debris and that cat feces created a foul odor in the yard, the lawsuit said. On March 26, code enforcement officers came to Hopkins residence and said they were investigating complaints from neighbors.
On March 28, Hopkins was served at her residence by a code enforcement officer with a copy of a search warrant that was going to be executed in 24 hours.
On March 29, Humane Society officers, police, and code enforcement went through every room in her residence as well as the back house, the lawsuit said.
The house was inspected again in early September, Hopkins said.
Brian Sampson, supervisor of animal services at the Inland Valley Humane Society, said Hopkins was under investigation for possible illegal rescue/adoption before the gas station incident.
"We were receiving complaints from residents in the neighborhood, the amount of traffic, people coming and going, visible signs that some cat rescue adoption was going on,' Sampson said. "The activity that the city has investigated on her has nothing to do with Humane Society's investigation.'
City attorneys say the lawsuit, delivered at a city council meeting, was not served properly.
Attorney Piero Dallarda, who is representing the city, also said there is no basis to the claims of political retaliation. The house, which appears to be a barn that was modified into a home, is unsafe, he said.
"All of these are allegations I would challenge Mrs. Hopkins to prove in court. I don't think they can; they are just figments of imagination,' he said. "Our hope is that we can assist her, bring her property to compliance, and make it safe for people to live there with the means that are readily available for the city to do so.'
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