OXNARD : Trial to Begin in Code Violation

For the first time in at least 13 years, the city of Oxnard is taking a homeowner to court for allegedly violating a city planning ordinance.

Linda Paxton, a resident of the Oxnard Dunes subdivision, is to go on trial today, accused of violating a city permit by changing her home’s color without getting permission from the city’s planning director.

Paxton’s attorney, Kate Neiswender, said Paxton did not change the beige color of her home, three sides of which were untouched.

Paxton painted signs on one side of the residence and on the garage door, the attorney said, calling attention to the presence of a toxic dump in the area before houses were built.

“If I write on a blackboard, have I changed the color of the blackboard?” Neiswender asked.

City officials acknowledged Tuesday that they had received a number of complaints from neighbors about Paxton’s signs, one of which says “Our Own Love Canal.” But they said the content of the signs is not the issue.

“If she had painted stars on the house, it would be the same thing,” Assistant City Atty. Charles P. Wessler said. “The city does not look at these as signs but as a change of color.”

When the house was built, the lot’s zoning required the developer to obtain a special city permit that gave the city control over design, color and other aesthetic issues, officials said.

After a hearing Tuesday, Judge Kenneth W. Riley denied a defense motion to dismiss the case on grounds that the city was guilty of selective enforcement.

City Planner Matthew G. Winegar acknowledged that Oxnard has not taken such a case to court in at least the 13 years he has been with the city, but he said the city has taken lesser measures to enforce compliance with the terms of such permits.

Wessler argued that the absence of prior enforcement does not in itself constitute selective enforcement. “Otherwise,” he said, “the first person to violate an ordinance could always claim selective enforcement.”

If convicted, Paxton faces up to six months in jail and a fine of up to $10,000 on each of three counts.