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City of San Mateo not needed to clear debris at a Shoreview neighborhood home
April 02, 2013, 05:00 AM By Bill Silverfarb Daily Journal

Bill Silverfarb/Daily Journal A dump truck arrived at a San Mateo home yesterday morning to clear debris from it as ordered by a judge. The yard was inspected, however, and considered to be in compliance with the court order so the truck departed with no items in it.

Mark Klaiber

A large dump truck with workers hired by the city of San Mateo arrived at a Shoreview neighborhood home yesterday morning ready to clear it from debris but ended up leaving the property without loading a single item into the truck.

"We're done. They complied with the court order," San Mateo housing official Sandy Council told the Daily Journal after inspecting the property herself at about 9 a.m.

A judge's mandate had given Mark and Kimberley Klaiber 30 days to comply with a court order after the city had repeatedly pointed out myriad code enforcement violations dating back to 1995 for the Lindbergh Street property.

The city sent the Klaibers an abatement letter last Tuesday detailing what work city-hired contractors would perform yesterday including the removal of all broken, inoperative or discarded furniture or other household personal property, litter, garbage or other refuse visible from the street on the exterior of the property.

After the inspection, Lance Bayer with the city attorney's office told the Daily Journal that the Klaibers had reached "substantial" compliance with the court order.

The family complied with the court order "within the spirit of the law," Bayer said.

It was the city's discretion to make that determination, he said.

City officials are set to sit down with the Klaibers April 11 to discuss compliance issues ahead of a May 29 status conference on a permanent injunction the city is seeking to have the Klaibers complete work on the interior of their home, which has been under construction for more than a decade.

The family was relieved yesterday morning that they were found to be in compliance with the court order. If they were not, the cleanup could have cost them up to $25,000.

Most of the materials found on the property yesterday were considered necessary for the interior construction project or for Mark Klaiber's work as a reconstruction specialist.

Klaiber even lived in the tent a few months ago as the city ordered the couple and their two children to vacate the property related to numerous code enforcement violations.

Some of the most recent code enforcement violations the family were hit with include use of the property as a dumping ground; hazardous or unsanitary premises, debris, junk, garbage and vegetation accumulations on the property; fire hazard, excessive accumulation of storage and many more.

They were issued a building permit in 2001 to construct a first-floor reduction and a second-floor addition on the home but those permits have been open for more than 10 years and a city building inspector determined the work should have taken no more than two years to complete, according to a previous claim against the family.

silverfarb@smdailyjournal.com

(650) 344-5200 ext. 106

 

 

Tags: property, order, court, yesterday, klaibers, family,


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