SR RESIDENTS FED UP WITH NEIGHBORRICHMOND DRIVE HOUSE A NUISANCE

Life on Richmond Drive could be ideal. The small, tidy neighborhood north

of Santa Rosa Junior College looks like a quiet, safe haven with its single

story homes, shade trees and neatly trimmed lawns.

But neighbors on Richmond Drive say life has been far from ideal for the

past dozen years and it's all because of the house at 550 Richmond.

A dingy white house with a patchy front lawn, transient renters at 550

Richmond have disrupted the quiet with all-night drug dealing, noisy fights,

prostitution and giant stacks of smelly garbage.

In 1994 alone, Santa Rosa police were called out to the house more than 60

times. And this year the fire department had to get a court order to clean up

the front and back yards after garbage piled so high it became not only a

health hazard but also a toxic mess.

''People have walked into my house in the middle of the night, thinking

it's the next door neighbor's house. We've had fornicating in the street, car

break-ins, urinating in the street,'' said Ben leBerthon, who lives next door.

Finally the neighbors got fed up and collectively took the owner, John

Vincent, to small claims court. They won a $35,000 judgment, the first time in

Santa Rosa that neighbors have successfully sued to solve a neighborhood

nuisance.

''We've been talking with him for years and that wasn't working,'' said

leBerthon. ''It got to the point we were fed up. It's not so much to get the

money. If we don't see a cent we don't care. We mostly want the problem taken

care of.''

Ultimately, the seven neighbors could file liens against the house, forcing

Vincent to sell.

Municipal Court Judge Mark Tansil awarded the settlement of $5,000 each for

seven households because evidence showed Vincent's long-standing actions have

created a public nuisance and lowered property values of neighboring homes.

One homeowner, leBerthon, still is awaiting the judge's decision in his case.

The case demonstrates that residents can use the courts to solve a

neighborhood problem if it is severe enough.

''We want them to know that they can take charge of situations and find a

recourse to dealing with a problem in their neighborhood,'' said Sgt. Nick

Sensley, who helped orchestrate the residents' efforts in court. ''They don't

have to live in fear.''

Vincent, who lives in a lean-to behind the house, is appealing the decision

because he doesn't believe he should be blamed for his out-of-control tenants.

''My poor neighbors, they have my sympathy,'' he said.

Vincent said he suffers from ''chronic fatigue syndrome'' and is unable to

work. He said he's been denied government assistance, so has had to rent the

home to pay his bills.

''I'm just a softie,'' he said, who couldn't refuse anyone a roof over

their heads, as long as they could pay. He said he has housed the homeless and

others in need but many have taken advantage of the situation and when trouble

arises, he doesn't have the energy or money to evict them.

He acknowledged that over the years tenants have brought drugs into the

house. At one time, he said, a tenant held a gun to his head. But since the

court decision in November, he's pared down his tenants to three and told

others to stay away.

''I'm on top of my mountain of woe,'' said Vincent, who hopes his appeal

will keep him from having to pay the $35,000.

Neighbors said things are quieter on the street these days, but they don't

think it will stay that way unless there is pressure on Vincent from the

court, themselves or police.

''There is no guarantee this guy will change,'' said Sensley.

The suit was a collaborative effort by the neighbors, police and fire

officials who presented years of documented evidence to make their case.

Neighbors involved in the suit don't believe they will see any money any

time soon. But if they win the appeal and Vincent can't pay, the award would

result in a lien against the house. Eventually it may force Vincent to sell,

said Sensley.

''We still have a long way to go,'' said Barbara Lanz, who lives on the

other side of Vincent. ''It certainly boosted our spirits. We have some

control in a situation that was out of control.''

Lanz and other neighbors said they feel sorry for Vincent because of his

apparent medical condition. But hundreds of calls to police about drug

dealing, drug use, prostitution, fighting, assaults and noise in the

neighborhood stemming from his tenants has eroded much of that sympathy.

''You can't feel sorry for someone after a certain amount of time,'' said

leBerthon. ''The only problem in the whole neighborhood is this house.''

Court evidence also included real estate testimony about how the problem

has hurt sales on the street.

Neighbors said throughout the years, they'd tolerate things for so long,

then get angry and confront Vincent. He'd promise to make changes, things

would improve slightly and then go back to the way they were.

Police officers for more than a decade have arrested many of his renters,

only to find a new group causing similar problems, said Sensley.

In June, there were as many as 20 different people living in the small

house, along with several dogs and children, he said.

As well as a police problem, veteran fire inspector Tom Walker said the

junk piled up in the back yard of Vincent's home was the worst collection of

residential garbage he'd seen in 18 years.

Not only a fire hazard, it was a toxic wasteland of batteries, paint, paint

thinner, a pile of 20 tires, and a home for quite a number of rodents, he

said.

''It looked like the county dump,'' said Walker. ''There was everything you

could imagine.''

The fire department doesn't have the power to order private citizens to

take action. After several unsuccessful attempts to get Vincent to clean up

the mess voluntarily, Walker received a court order allowing fire officials

onto the property and another court order allowing contracted workers to clear

it away.

Vincent said he was attempting to organize the mess, and was planning on

having a yard sale when fire officials had it all taken away.

It took a crew 21 hours to fill two, 30-yard dumpsters at a cost of about

$1,400 to the city. City officials tacked on a standard $600 surcharge for

administrative time and when Vincent didn't pay, filed a lien against the

house, Walker said.

Sensley said the small claims action is a tool for neighbors who have a

problem that cannot easily be solved any other way.

''The people made it clear, they were not looking to walk away from this

situation with their pockets filled,'' he said. ''They just wanted some help

in dealing with the problem.''

Residents began their organized effort against Vincent in January. They

researched what they needed to make their case, and met several times with

police and fire officials. Along the way, both neighbors and police and fire

officials warned him repeatedly that they were going to take him to court if

things didn't improve, they said.

''I am saddened that it had to come to this,'' said Lanz. ''Nobody wants to

have to sue their neighbor.''