Minutemen getting a taste of their own medicine - Herndon, VA

INVESTIGATION OF OVERCROWDING COMPLAINTS LEAD TO CRIMINAL CONVICTIONS OF THREE SEPARATE PROPERTY OWNERS


The Town of Herndon made significant progress in its continuing effort to resolve excessive occupancy of single-family residences, at a Fairfax County General District Court proceeding on December 7, 2005. The properties, which are located at 455 Virginia Avenue, 1001 Jeff Ryan Drive, and 322 Missouri Avenue, all within the Town of Herndon, were reported by concerned citizens as being excessively occupied and suspected of being used as transient lodging businesses, which are violations of the Town's ordinances regarding residential occupancy limitations.


The investigation of these particular complaints was assigned to Community Inspector David H. Pace, who conducted months of investigative research, surveillance, discussions with property owners, and inspections of the residences. Of the three properties identified, only one of the properties was reportedly occupied by the property owner. After identifying the existence of violations at each of the addresses, Mr. Pace provided the property owners with a written Notice of Violation for operating or otherwise allowing an illegal transient lodging business to be located within their addresses.


The Herndon Town Council adopted revisions to the Zoning Ordinance, Herndon Town Code (2000), in October 2003, allowing for the criminal prosecution of operating an illegal transient lodging business or boardinghouse. Conviction of these offenses is considered to be a criminal misdemeanor violation and includes a fine of up to $1,000, with no jail sentence imposed.


Through his investigation, Mr. Pace discovered ten or more occupants allegedly living in each of the single-family dwellings. The occupants included several unrelated persons residing together and paying various monthly rent amounts to the property owners. At 455 Virginia Avenue, Mr. Pace observed and documented cockroach alleged infestation throughout the dwelling. Additionally, the same residence was eventually condemned by the Building Official for the Town of Herndon, who cited separate violations of the Virginia Uniform Statewide Building Code. At that time, the residence was vacated and has reportedly not been re-occupied; although, the ownership has been transferred as was stated during the hearing.


At the time of the offense, Ms. Marcia Garcia of Reston, Virginia, was identified as the alleged property owner of 455 Virginia Avenue. During the court hearing, Ms. Garcia pled "guilty" to the misdemeanor violation and was convicted. She was sentenced to twelve months of unsupervised probation, along with a $1,000 fine, all of which was suspended.


Mr. Eduardo Murcia of Herndon, Virginia, was identified as the property owner of 322 Missouri Avenue. Mr. Pace indicated that his investigation revealed and the Town alleged a second kitchen in the residence and that the occupants were each responsible for paying $300-340 per month to Mr. Murcia for rent. Mr. Murcia also pled "guilty" to the misdemeanor violation and was convicted. He was sentenced to twelve months of unsupervised probation, along with a $1,000 fine, $900 of which was suspended.


Mr. Jose D. Aguirre Portillo of Herndon, Virginia, was identified as the property owner of 1001 Jeff Ryan Drive. Mr. Portillo pled "not guilty" to the alleged offense. Testimony presented by Mr. Pace alleged that nine adults and one child were found to be residing in the dwelling. According to interviews and investigation, Mr. Pace found and alleged that not all of the occupants were related to one another and each person was responsible for paying monthly rent amounts to Mr. Portillo. Additionally, an inspection of the residence revealed a second kitchen and rooms being used for sleeping purposes in the basement without the required means of egress. Within his testimony, Mr. Pace indicated that a separate, unrelated Herndon Police investigation revealed that at least eight unrelated adult males were renting rooms in the single-family residence. Mr. Portillo was found guilty and was convicted of the misdemeanor violation. He was sentenced to twelve months of unsupervised probation and was also given a $1,000 fine, with $500 of that amount suspended.


Pace indicated after the hearings that he was pleased with the outcome and of the recognition by the General District Court that this type of excessive occupancy is a very serious concern. "This is not a story about a family with little or no income, who are struggling to pay their monthly mortgage amounts," Pace said. "This type of activity demonstrates a clear, criminal intent to benefit from illegally overcrowding a residence and using it as a boardinghouse."