Calif. Fire Officials Sue Family Over Hoarding Issue

March 29--The city of Belvedere and the Tiburon Fire Protection District are suing three brothers in Belvedere, claiming that chronic hoarding at their home has created a safety hazard.

Officials filed the lawsuit against John, Paul and Ted Kraus, longtime residents of 89 Bellevue Ave., in an effort to put the home into receivership until it is cleaned to the city's satisfaction.

The case dates to 2010, when the brothers' uncle, David Freedheim, called Tiburon Fire Marshal Ron Barney to express concern about his nephews' safety.

"Mr. Freedheim stated that he believed Defendants struggled with hoarding issues, and that the conditions of the home had deteriorated to an unsafe level since the death of the Defendants'

father in 2006," the lawsuit said.

Barney inspected the three-bedroom home with Belvedere police Sgt. Chris Pool, Tiburon Fire Prevention Officer Jessica Power and Lee Braun, a city building official. They found the house stuffed with debris such as old newspapers, paper grocery bags and food cartons, some of it near the furnace and water heater, some of it packed too tightly to allow doors to open, the lawsuit says.

The officials also found a broken refrigerator with spoiled food inside, and no working smoke detectors in the house.

Authorities gave the Kraus brothers numerous deadlines to clean up the home, and called in Adult Protective Services and a professional organizer -- Sue Zee Poinsett, a member of the Marin

County Hoarding Alliance -- to consult with the brothers. But repeated follow-up inspections found only "minimal progress," the lawsuit says.

Last March, the county APS adviser told Belvedere Police Chief Tricia Seyler that it was closing its case on the Krauses because they were mentally competent and have the money to hire help, and appeared unlikely to clean up the property, according to the lawsuit.

After more deadlines passed and a final inspection was conducted on Jan. 26 of this year, authorities decided to take legal action. The city and the fire department are seeking a court judgment declaring the home a public nuisance in violation of city code, the appointment of a receiver to manage the cleanup, monthly progress reports and compensation for legal costs.

John Kraus, who at 59 is the oldest brother, said his family has lived in the house since 1962, and the brothers have hired a lawyer to fight the lawsuit.

"The fact of the matter is, our house is not a danger," he said. "We have done things that the police have asked us, and the fire people.

"I believe that a judge is most likely to suggest some sort of settlement." He declined to allow the Independent Journal to take a photograph

inside the house.

The case has been assigned to Judge Roy Chernus in Marin Superior Court. A case management conference is set for Aug. 6.

In December, Chernus denied a similar effort by Mill Valley to place a 79-year-old woman's home into receivership because of long-running complaints about rats and garbage. The city said the allegedly blighted condition at 36 Somerset Lane posed a health hazard to the neighbors.

Chernus rejected the city's motion after the woman's lawyer produced an inspection report showing no current problems, and the woman offered to let the city inspect the property every six months for 18 months. The judge set another hearing on June 6 to follow up on the case.

Contact Gary Klien via email at [email protected]

Copyright 2012 - The Marin Independent Journal, Novato, Calif.