Building, Housing Code Enforcement Back to Normal
Enforcement of Oakland's building and housing codes is back to normal today despite a running battle between Mayor John C. Houlihan and the attorney who knocked a hole in some of the laws.
Building inspectors and urban renewal representatives reared back from their duties momentarily last week after Atty. Bestor Robinson warned they could be arrested under the federal civil rights law.
Robinson, who had just won a Superior Court preliminary decision that some sections of the Housing Code are unconstitutional, warned of a "possible personal hazard in further operations under these sections."
Robinson represents Richard A. Smith, lessee of the Portland Hotel, 476 Ninth St., which building department officials planned to close as part of the so-called "Operation Padlock." The hotel is owned by Mrs. H. D. Zaidel, of 781 Pomona St., El Cerrito.
A top-level strategy meeting yesterday between City Manager Wayne E. Thompson, Jack E. Taylor, building
and housing administrator, and city legal aides, produced these developments:
1—Pending a final order from Superior Judge Lewis E. Lercara, field representatives are continuing to enforce the various building and housing codes. Taylor said City Atty. Hilton J. Melby has explained Judge Lercara's action last week was only preliminary and no portion of the code has yet been declared unconstitutional.
2—That immediate action should be taken to delete from Section 1309 of the building code the provision that the section applies only to certain types of residence buildings built prior to 1909. This was one of Judge Lercara's major objections.
3—That if Judge Lercara's final order follows substantially his preliminary findings, it would not be advisable to appeal to a higher court. Instead, following the final order, the city will amend the codes to conform to Judge Lercara's opinions.
4—Melby pointed out that, between now and the Nov. 14 date set by Judge Lercara for settling of legal findings, the city may present arguments as to why he should amend his preliminary decision. Taylor said that since Judge Lercara had agreed to almost all of the objectives of the city regarding the Portland Hotel, if
not the procedure, and ordered serious health and safety hazards corrected, he feels the city has a basis for
arguing for retention of some of the questioned code provisions.
5—The city is proceeding to tackle a second test case involving another old hotel, the Liberty, at 805 Washington St. The owner, Raymond Dami, and the lessee, Howell Wong, have been charged with 14 counts of criminal code violations resulting from health and safety hazards. One of the hazards cited is a leaky toilet
above a wholesale meat plant, according to Deputy Distr. Atty. Charlotte Cohelen.
The case will be heard by Municipal Judge William Hoffman. Dami is represented by Robinson. Wong is represented by Atty. Raymond Louie.
Since Lercara's action last week, Houlihan and Robinson have exchanged blistering letters over Robinson's warning to city representatives.
Houlihan told Robinson his letter to Taylor and other officials may constitute criminal extortion. Robinson in turn yesterday challenged Houlihan to a court test of the extortion charge.
Taylor in announcing that 'Operation Padlock' as well as other urban renewal and housing code enforcement
activities is continuing as before emphasized that he has no intention of opposing the court ruling.
"If Judge Lercara finds certain sections of our code are unconstitutional, I will certainly respect that order. It is our sworn duty to uphold decisions of the court. If the code is not equitable to the community, it should be
changed so that it is," Taylor declared.
Oakland Tribune, Tuesday, November 7, 1961
