SAN BENITO — After years of residents’ complaints, city officials are revising a law requiring home buyers subdivide properties sitting on more than one lot or face getting their utilities cut off.
For weeks, a citizens’ group has called on commissioners to fire City Manager Manuel De La Rosa, arguing he has misinterpreted the ordinance they believe excludes homes built before the 1995 ordinance’s enactment from the costly re-platting process.
Before Tuesday’s meeting, members of the group waived signs during a demonstration in front of City Hall.
“There is a provision already set forth with step-by-step instructions … and there’s a grandfather clause,” Kerri Valencia, a home buyer for whom the city re-connected her utilities, told commissioners during Tuesday’s meeting. “It just needs to be read from start to finish. We’re just not using it.”
During one of the city’s most heated meetings in years, commissioners agreed to order a 90-day emergency moratorium during which officials plan to streamline re-platting requirements while cutting their high costs.
“We’re trying to … streamline the process for the people here and make it cheaper and more accessible,” City Attorney Mark Sossi told commissioners.
During the 90-day period, officials are planning to revise the ordinance, enacting a grandfather clause allowing homes built after February 1995 to bypass current lengthy and costly re-platting requirements.
“A lot of people have been hurt on this,” Mayor Rick Guerra told the audience. “(De La Rosa) has thrown that phrase at me so many times. ‘I’m in charge of daily operations, mayor,’ and I’m overstepping my boundaries.”
Streamlining process
Amid heated debate, Commissioner Carol Lynn Sanchez locked horns with Commissioner Pete Galvan as he questioned the push for the moratorium.
“The people have been waiting two years,” she told Galvan, raising her voice. “Manny can fix this tomorrow.”
As part of officials’ plan, residents can fill out “one very, very simple form” to avoid spending thousands of dollars re-platting properties sitting on more than one lot, she said.
In response to Galvan’s concerns, Sossi said residents could fill out the form without being charged a fee.
Addressing years of complaints
After about an hour of heated discussion, Commissioner Rene Garcia called on commissioners to pass a 90-day moratorium.
“I want to clear this up completely,” he told them. “We’re getting ready to do something that hasn’t been addressed for many years.”
Then Garcia turned toward the crowd.
“Give us a chance,” he told residents. “Give us the time within 90 days. I’m sure we’re going to clear up a lot of things.”
(Denise Cathey/The Brownsville Herald)
Background
During the uproar, residents rallied around Valencia’s case.
In April, De La Rosa did not allow Valencia to re-connect her newly purchased $125,000 home to utilities after she disconnected them for repairs, arguing she had failed to subdivide the property at 608 South Bowie St., which sits on two lots.
Later that month, she agreed to sign a city affidavit, pledging to subdivide the property within four months.
At the time, she had found a surveyor who could help her re-plat the property, a process which would cost $9,000, she said.
Meanwhile, De La Rosa held off on taking action.
“At this time, there are no plans to terminate the water service at 608 S. Bowie Street,” he wrote Tom Goodman, Valencia’s father who leads the group, on Aug. 25. “When city staff works with property owners, they seek voluntary compliance and hope that property owners meet their commitment.”
A day later, De La Rosa wrote to Goodman, stating “this matter is on pause. However, I will consider a solution from the property owner(s) that will amicably resolve this matter.”
