In an unusual move, the city of San Jose is suing an Oakland-based tax attorney, arguing that his derelict home in San Jose’s Rose Garden area has become a public nuisance that endangers the health and safety of those around it.
“The City’s goal is compliance and remediation of the Code issues, and sometimes a lawsuit is necessary to obtain the compliance,” Machado wrote in an email, adding that the complaint will pave the way for the city to take further action like pursuing receivership if needed. “The substandard conditions at the property substantially endanger the health and safety of homes adjacent to, or nearby, the property as well as the general public,” the lawsuit states.
Joseph David, 20, who lives next door to the property, said firefighters had to break down a fence in his family’s backyard and a gate on their driveway in order to put out the flames.After the 2021 fire, David said, a fence was put up around the property. But before then, he would see squatters going in and out of the abandoned home.