The town of Garner filed a lawsuit against two residents alleging, among other nuisance ordinance violations, that the broken swimming pool had repeatedly relapsed into a mosquito breeding ground.
The complaint filed on Aug. 13 names homeowners Eduardo and Silvia Fernandez as defendants. It says the couple has been in and out of bankruptcy and the house in question at 2611 Cravenridge Place has been in and out of foreclosure.
It also says defendants have been completely non-responsive to town requests to communicate and acquire needed permits. The lawsuit claims the town is entitled to $2,250 in fines. It also seeks injunctions against the homeowners to get permits for any unauthorized construction projects and to either repair or demolish and fill the pool.
The town alleges it has notified the defendants eight times in four years regarding violations of the mosquito nuisance ordinance without response. The town has instead applied chemicals to mitigate the problem on multiple occasions.
“The lot...contains a swimming pool which is not in an operable condition which has been, and will continue to become, a breeding place for mosquitoes on a regular basis,” the suit said.
It also said someone with access to the property built “an addition to the deck including overhead building components” without a permit, a violation of the state building code. On July 8 the town building inspector posted a “stop work” order notice on the deck, which the town said was removed as construction continued.
The town also said the defendants have done construction inside the home without required permits as well.
Eduardo Fernandez started E&S Building Contractors, and the town said it believes Fernandez is a framing contractor.
The lawsuit notes two junk car ordinance violations in 2009 as well.
According to the town the couple has not responded to knocks at the door “recently” but said they receive mail and work on the property continues.
Some construction supplies were kept at the house according to the Fernandez’s daughter, who was at the house late Tuesday afternoon. She said her parents were not home, though one pickup truck and at least one apparent construction employee apparently not related to the family was present.
The couple and their daughter recently moved into the house from another property, the daughter said.
The lawsuit lists Eduardo Vernandez Valtierra as an alias for Eduardo Fernandez. Eduardo F. Valtierra and Silvia Valtierra are listed as owners of a home at 104 Sugaw Court in Garner about a mile away from the house that is the subject of the lawsuit.