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Tuesday, October 9, 2012

City Attorney Contact: (510) 238-3148
On line at www.oaklandcityattorney.org

Oakland City Attorney sues nuisance car repair operation
Repair business operating illegally in residential neighborhood has been source of all-night noise, oil spills, blight and other nuisances

OAKLAND, CA – Oakland’s Neighborhood Law Corps, the community law unit in the City Attorney’s Office, has filed a lawsuit against the owners and operators of an unlicensed, illegal car repair business that has seriously impacted the quality of life in a West Oakland residential neighborhood.

The business operating out of a residential property at 819 Brockhurst Street – across the street from Hoover Elementary School – is an ongoing nuisance to residents. Neighbors have complained that the business operates at all hours of the night, often using a loud gas generator for power and light. Visitors routinely litter, drink in public and block the sidewalk and neighboring driveways with vehicles. Neighbors also have complained about oil spills and other environmental hazards.

The City Attorney’s Office filed suit October 4 against nine individual operators of the business, as well as the Bank of New York Mellon, which owns the property, and Bank of America, the property manager.

“The defendants have operated in violation of numerous blight, zoning and environmental laws,” City Attorney Barbara Parker said today. “They have ignored numerous abatement notices and have had an enormous negative impact on the quality of life on this block. We are asking the court to shut them down immediately.”

The City previously issued multiple abatement notices to the former property owner, an entity called the Brockhurst Trust. In February 2012, the Bank of New York took ownership of the property in a foreclosure proceeding. The City Attorney’s Office sent a letter to the bank in May advising the bank of ongoing violations at the property, and in August the bank filed an eviction lawsuit against the occupants.

The City’s lawsuit seeks an injunction to prevent further nuisances at the property, and asks for civil penalties of $1,000 a day from the property owner for every day that the violations continue.