San Jose man risks being fined over desire to create city park on vacant land
SAN JOSE, Calif. - A controversy is brewing in San Jose’s Alviso neighborhood surrounding a city-owned vacant lot residents say needs improvement. A group of people decided to plant flowers and trees in the space, but city officials say what they’re doing is illegal.
Mark Espinoza says he just got tired of seeing this empty space in his neighborhood. So, he, his son and other residents begin cleaning it up and planting here. But last month the city put him on notice that he’s actually breaking the law.
The city of San Jose says it received reports of vandalism and unauthorized planting at this vacant lot at Grand Blvd and Trinity Park Way. So, they recently installed cameras to identify those responsible. The man responsible for the planting is Mark Espinoza.
"I just feel the city continues to neglect Alviso, and we just have to do things on our own," Espinoza said.
Espinoza says he’s been waiting eight years for San Jose to turn this empty lot into a neighborhood park. He says he did receive a violation notice from the city, but he has no plans to stop, even if he’s penalized.
"I’m not going to be deterred by their threats or their threat of arrest or fines and fees. I’m just going to continue to do the work that I think should be done so the community of Alviso can enjoy this empty spot that has been like this for decades," Espinoza said.
The city says Espinoza is trespassing and his crusade to create a park is illegal. San Jose’s Parks and Recreations Dept. released a statement saying in part:
"Safety is our priority. Without oversight, this work can result in hazards for others who may walk, bike, or recreate in the area. Since this is knowingly unauthorized work, continued work will result in further enforcement. Our next steps are to issue a warning to the resident(s) involved," said Daniel Lazo with Parks, Recreation and Neighborhood Services.
"There’s money to replace a fence, there’s money to put up cameras. How is that, when all these years have gone by, and they haven’t done any kind of improvement?" asked Espinoza.
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Espinoza has had legal battles with San Jose before and admits that he’s never applied for programs like Adopt-A-Park because the space isn’t technically a park. The city says it’s open to collaboration, but it requires a bidding process to ensure safe working conditions with qualified contractors.
The city says there is an ongoing investigation into some vandalism. In Espinoza's violation notice, San Jose says there are plans to turn this space into a park, but it did not say exactly when that would happen.