San Jose

San Jose Sues Owner of Rose Garden Home, Calls It a ‘Public Nuisance'

The city of San Jose confirmed to NBC Bay Area Friday that it filed a lawsuit, and is asking a judge to order the homeowner to clean the house up and pay the city thousands of dollars in unpaid fines.

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The city of San Jose says a home in the historic Rose Garden neighborhood has become so rundown that it’s a public nuisance. Now, the city has filed a lawsuit in an effort to force the owner to clean it up or tear it down.

Residents told NBC Bay Area that the vacant home, located in the 200 block of Wabash Avenue, has been an eye sore for two decades.

In June 2021, a fire happened at the home. Neighbors said someone was squatting in the home at the time, but fire officials never determined a cause.

Residents with children in the area said they have become increasingly concerned.

“It’s definitely scary to hear that there are people, who are maybe squatting in there and starting fires, and who are doing things that could make the street unsafe for our daughter,” said San Jose resident Barry Waynestock.

Teresa Negron of San Jose told NBC Bay Area Friday that she can’t forget the day nearby schools were put into lockdown after law enforcement confronted a person squatting in the home.

“When I was looking out the window. I was scared because there was a sheriff’s deputy out in front of my house with a gun,” she said.

The city of San Jose confirmed to NBC Bay Area Friday that it filed a lawsuit. The city is asking a Santa Clara County judge to order the owner, an Oakland tax attorney, to clean the house up and pay the city thousands of dollars in unpaid fines, related to at least a dozen citations for code violations at the property.

NBC Bay Area reached out to the homeowner by email and by phone Friday, but did not respond. But residents in the area said they’re happy the city is stepping in.

“That would be great. We sent a request to code enforcement, numerous neighbors actually,” Negron said.

“I definitely think it’s a good thing. As long as we’ve been here, and as long as our neighbors have been in the neighborhood, that house has sat vacant and untouched,” said Waynestock.

A fence went up around the home after the 2021 fire. But residents said they still worry about rats and racoons that have taken refuge in the boarded-up structure and that children or more squatters may still find a way inside.

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