OXNARD : Oil Waste Protest Signs May Be Illegal

A slogan painted on the side of a duplex in the Oxnard Dunes that declares the area to be “Our Home Toxic Waste Dump” may violate a city ordinance prohibiting signs on residential property, officials said Thursday.

The sign was painted on the side of a duplex in the 4900 block of Dunes Street that is owned by Lynda Paxton, one of 175 residents who filed a $3.5-billion lawsuit in 1987 against 120 defendants, including developers, real estate brokers and others. The residents believe that the ground under their subdivision is contaminated by oil wastes.

But other residents have complained that the signs, which include pictures of a skull and crossbones, frighten their children and are an eyesore. Area homeowners have asked the City Council to remove the signs.

“The Planning Department believes the signs violate city codes, and we’re asking the city attorney whether we can have them legally removed,” said Matthew Winegar, city planner. An answer from City Atty. Gary Gillig is expected early next week, Winegar said.

Neighbors said the slogans were painted on the side of Paxton’s residence on Sunday, a week after the state sent area residents a preliminary report of a Department of Health Services investigation that found that the soil under the homes posed a negligible health risk.

Paxton could not be reached Thursday for comment.

Slogans painted in bold orange and green on the side of her house declare the area to be “Oxnard’s Own Love Canal,” referring to a New York state housing development built on a former toxic waste dump. A five-foot-high sign painted on a nearby fences says: “Our Home Toxic Waste Dump.”

The Planning Department said those messages constitute signs, Winegar said, which are specifically prohibited from residential property under the city’s zoning code. Also, a permit issued by the city when it approved the subdivision in 1965 requires approval of all modifications to the residences. The signs represent a modification, Winegar said.

If the city attorney agrees, the Planning Department will send Paxton a notice informing her of the violations. If the slogans aren’t removed, the city can issue a citation.

Kathy Tintle, 43, said the signs are scaring her children. “My 8-year-old son came home the other day and asked me if he would get cancer and die like the children of Love Canal,” said Tintle, who lives in the 4100 block of Moonstone Drive.

Other area residents defended Paxton’s right to paint the messages on the side of her house.

“If they need to use their house to get attention, I totally support them,” said Chris Spivey, who lives in the 5000 block of West Wooley Road. “They have a right to be heard.”