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March 10, 2004

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Palo Alto Online

Publication Date: Wednesday, March 10, 2004

Couple responds to city's $140,000 charges Couple responds to city's $140,000 charges (March 10, 2004)

Family says they can't afford fees

by Bill D'Agostino

A Palo Alto couple who are being fined more than $140,000 for not keeping two of their properties up to code said the city is unfairly targeting them, and defiantly declare they have no intention -- or ability -- to pay the exorbitant fees.

"Not everybody is made out of money like the people in this town think they are," Karen Bradshaw said.

The $36,583.93 in city penalties against George and Karen Bradshaw stem from a faulty roof at their Metro Circle property, near Greer Park. The longtime residents said they repaired the roof more than a year ago.

According to city records, the couple was first cited for the defective roof in 1995. During a hearing in 2001, the city's hearing officer began fining the couple $50 a day for not finishing the work, as well as other penalties. When the Bradshaws completed the repairs, the fees stopped accruing.

"Apparently it wasn't done fast enough," George Bradshaw said.

The Bradshaws call the city the "People's Republic of Palo Alto" for the stringent way it enforces its health, safety and aesthetic codes.

Most code enforcement cases are opened when another resident complains about a property, although in recent years the city has become more proactive. City officials say they are not singling out the Bradshaws.

"The city does not engage in or encourage discriminatory enforcement of our municipal code," Senior Assistant City Attorney Lance Bayer said.

In April, the City Council will review the Bradshaws' case and could place a claim on the Metro Circle property that would prevent the couple from selling it until they paid the fines. The council could also reduce the size of the fine, if they felt it was exorbitant.

The remainder of the $100,000-plus of the Bradshaws' fines stem from their property on Ross Road, which has been cited over the years for numerous violations. Some violations have been rectified - 15-foot weeds near the home have been cut down, for instance -- but not enough to the city's satisfaction.

The couple is still being fined $50 a day until that property is up to the city's code, a decision made by the hearing officer in August 2000. The case was opened when someone complained the house was in "shambles."

"I didn't understand why there was a judgment against us when we didn't do anything wrong," Karen Bradshaw said.

The $140,000-plus represents the vast majority of outstanding fines owed to the city's code enforcement division. The county's civil grand jury and city auditor both recently recommended that the city collect such fines quicker.

Bill D'Agostino can be e-mailed at bdagostino@paweekly.com


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