CYPRESS : Cluttered Yard Irks Neighbors

Lester Kuty’s plans for a dream home have become a nightmare for his neighbors on Greta Circle in Cypress.

Kuty plans to add a second story to his home, but the plans, submitted in May, were rejected by the city as incomplete. He has yet to submit new plans.

In the meantime, stacks of lumber and building materials have been accumulating since 1988 in the front, side and rear yards of the house, to the growing irritation of neighbors who have pressured the city to do something.

Kuty and his wife, Virginia Murrell, who so far have ignored a city order to get rid of the stuff, now face a Nov. 3 court date. City officials have filed a request in Superior Court for a preliminary injunction against the couple.

In addition to large stacks of used lumber, the yards are cluttered with street-light standards, a tandem bicycle, weather-damaged wicker furniture and used tires.

But Kuty, 45, takes issue with the city’s labeling of this stuff as debris.

“We’ve requested that the city identify each and every item as either junk, trash or debris and they said they didn’t have to,” he said. “They are calling a $400 scaffolding junk and are saying a tandem bike is a health hazard. It’s ludicrous.”

Kuty said he is prepared for a legal battle. Murrell refuses to talk about it, saying her husband speaks for both of them.

Kathie Judd, who lives directly behind the couple, said: “I don’t like looking at it, period. (Kuty) used to be a friend. If this is how he treats his friends, then I feel sorry for his enemies. I don’t know what he’s trying to accomplish here, but he’s certainly not trying to build an addition.”

Kim Keener has lived next door to the couple for more than three years and says the property is a “safety hazard. The stacks of wood have rusted nails sticking out from them.

“We’ve all found rodents in our front yard, which represent a health hazard,” Keener said.

But Kuty said his property is neither a health nor safety hazard.

“We’ve never been cited by the Fire Department. That’s a fact. All construction sites have lumber. There’s no way to build without lumber. Someone would have to deliberately ignite the lumber for a fire to start,” he said.

Although Kuty and Murrell have not been cited by the Fire Department, an Orange County fire inspector concluded in March that several fire hazards exist on the property.

As far as rodents are concerned, Kuty doesn’t accept blame for their existence.

“I personally, other than a few years ago, have not seen any rodents. There are roof rats in the area, which has nothing to do with the property,” he said.

The City Council has held two public hearings and denied two appeals filed by Kuty, who, Councilman John Kanel said, has tested his patience.

“This guy just collects a lot of junk. A lot of it has nothing to do with adding a room. I’ve been out to the property and couldn’t believe what I saw,” Kanel said.

Kuty claims the abatement notice violates his civil rights.

“We have never violated any law to my knowledge. There’s nothing in here that doesn’t have a use. It’s irrelevant how we have it stored. The city keeps making accusations but (it does not) have the law to stand by. The real issue is civil rights,” Kuty said.

Kanel agrees with Kuty on that count, but for a different reason.

“If anyone’s civil rights are being violated, it’s the people of Cypress and the people on that street,” he said.

Kuty said if the city and his neighbors would leave him alone, he would have the construction completed and the yards cleaned up by June, 1990. He said he plans to submit another set of plans sometime in the future.

“I don’t think the property is pretty in the condition it’s in. We want to get the work done, but we’re spending more time having to fight. It’s a daily barrage of crazy accusations,” he said.

Kanel said he is confident the courts will rule with the city. “He’s simply abused the process. When you abuse the process, you have to pay the piper. There’s going to be a point when the court says, ‘Enough is enough is enough.’ ”