Victoria law results from single violator

By Brian M. Cuaron

Originally published: 12/7/11 at 12:30 a.m.

Complaints related to a Victoria man's noise, trash and feces, resulted in a new law on Tuesday.

The Victoria City Council unanimously passed an ordinance on Tuesday that will allow the city to tow a recreational vehicle if the person is found living in there for seven days. The law would apply to recreational vehicles outside of an approved recreational vehicle park.

The city’s code previously only allowed for the city to ticket such violators after 48 hours, according to Jared Mayfield, deputy director of development services.

City staff requested the ordinance after having problems with Larry Nunez, who lived on the 100 block of Mantz Street. Mayfield verified that Nunez’s case instigated staff to request the ordinance. Mayfield said that the law wasn’t targeted at any one person, though.

Nunez’s trailer, which sits on a strip of land about 20 feet wide, is located in a residential area. He said that he was no longer sleeping overnight in his trailer after a visit by at least one code enforcement officer. A later interview was cancelled through a companion and, after several phone calls, Nunez was still unavailable.

The city received complaints about Nunez throwing trash onto other people’s properties, including feces in bags, said Grace Campos, senior code enforcement officer. Other complaints included Nunez’s generator making noise throughout the night and trash piling up on his property.

The city had issued citations to Nunez and his girlfriend, Campos said. The city also had sent contractors to clean Nunez’s property.

Campos said that Nunez was required to pay for the clean-up, plus a $135 administrative fee and the landfill’s charges. If property owners don’t pay such fees within 60 days, they will be charged another $273, Campos said.

Councilwoman Denise Rangel said on Tuesday that allowing for recreational vehicles to be towed would give teeth to the ordinance.

Yet Councilman Gabriel Soliz asked the council whether Nunez’s actions were enough grounds to take the proposed action against him. He said that the problem for neighbors wasn’t the location of Nunez’s trailer, but what he was doing on his property.

“Well, corporal punishment is not allowed, so we can’t go spank him,” said Councilman Tom Halepaska.

City Attorney Thomas Gwosdz said that such conduct was inessential to the proposed ordinance. 

Councilman David Hagan was absent from the meeting because of family obligations. He was unaware of the precipitating cause that moved staff to request the ordinance.

Yet Hagan, who voted for the ordinance during the first reading on Nov. 15, said that the new information would not have changed his vote.

Council members Paul Polasek, Soliz and Joe Truman voted for the ordinance after an amendment was made, stretching the time for when a person is allowed to live in a recreational vehicle from 48 hours to seven days.

Where you can live in recreational vehicles

Under the old law, a person wasn’t allowed to occupy a recreational vehicle for more than 48 consecutive hours at any single location other than in an approved recreational vehicle park. Such parks must be at least three acres.

“You can store it on the property, park it, but you can’t live in it,” said Mayfield, regarding recreational vehicles outside of an approved park.