Times: Hercules slaps $10,000 lien on house where party ended in gunshots
— by Jeffrey Wisniewski — 28 January 2010 — No comments yet »
You may recall the shooting incident on Turquoise Avenue (east of I-80) last year that took place during a 100-plus person party. The police took the action to recover the enforcement costs resulting from the incident, and the City Council approved Tuesday evening a lien of more than $10,000 on the homeowners.
It is my opinion that such a proactive action is representative of how the City should conduct business, and will serve as a true deterrent to similar acts in the future. A property owner is responsible for their guests and tenants (and their tenants’ guests), and this lien process is an innovative solution to recover extraordinary police enforcement costs and hold property owners accountable.
I’m not so sure the County’s strained courts are able to deal with this issue fairly, and I support the City’s efforts to handle this matter. It was a public hearing, and none of the neighbors protested the action. (This created a minor uproar of opinion yesterday on the Waterfront Beat email group on the subject of potential misuse of City Council power. Obviously such power could be misused, but that was not the case for this incident.)
I don’t necessarily agree with the reporter’s use of ‘draconian.’ The amount merely represents the cost of enforcement, far from draconian in its severity, however unusual, and it potentially establishes a precedent for other cities to adopt… “Hercules this week unleashed a draconian weapon against a loud and violent house party: a $10,000-plus bill for police services, secured by a lien on the offending house.” (It also could be appealed and stopped by the courts.)
