Yorba Linda Stokes Trailer Row

The City Council has voted to seek a criminal complaint against a resident for refusing to vacate a trailer, increasing the stakes in a five-month battle between the city and the trailerowner.

David Leasure, his wife and their 2-year-old son have been living in the trailer on his father’s property off Richfield Road since last September.

Harold Leasure, the father, subdivided his six-acre property into four lots, built a house on one and gave a lot to his son. David Leasure said he plans to build a 4,000-square-foot house on the site following the sale of an Anaheim house owned by his father.

Yorba Linda officials contend that by occupying the trailer, the Leasures are violating the City Code. Trailers are allowed on construction sites for security purposes. However, because the Leasures have not submitted plans for a building permit, their lot is not considered an active construction site.

But even if Leasure submitted the necessary plans, he would still be in violation of the code because his trailer is on the same lot as his father’s house, not the lot on which he intends to build his house.

The fact that the lot in question is more than 1 1/2 acres and is part of a six-acre subdivision has no bearing on the city’s position, said Patricia M. Haley, community development director.

“By having two dwelling units on one lot, (Leasure) is in violation of one of the most basic zoning tenets,” Haley said.

If Leasure were to move the trailer to his lot and file the necessary permits, the city could grant him a temporary use permit, which would allow him to live in the trailer.

But Leasure said moving the trailer would be a financial burden, as well as impractical.

“There is no road to the other lot, and because of all the dirt, we can’t get onto theproperty when it rains,” Leasure said.

In addition, by locating the trailer next to his father’s house, Leasure can tap into existing plumbing and sewage lines and utility hook-ups.

Leasure said he thinks that the city would actually benefit by allowing him to stay. If he is forced to move, Leasure said he will stop all improvements to the property, construction of the house will be delayed and the trailer will still be on the property.

“You have the authority to give me permission to live in the trailer,” Leasure told the council last week. “I feel in my heart the code is being used in the wrong sense.”

The battle between Leasure and the city began in September, almost immediately after the family moved into the trailer. Since then, Leasure has received at least four requests from the city to vacate the trailer, with deadlines of Oct. 2, Nov. 2, and Jan. 15.

According to Haley, the trailer itself is not in violation of the code. Harold Leasure can keep the trailer on his property as long as it is not hooked up to any utilities and is not used for living purposes. In fact the trailer had been on Harold Leasure property for about nine months without complaint before his son moved in.

Haley could not say how much time Leasure has to vacate the property before further action is taken. If he fails to do so “fairly quickly,” the city will probably go to court to get a judgment against him, she said.