Ms. Therese Traverso, the owner of La Casa de Andrea e Luciano restaurant in the Sweety area, has accused Vila Port Municipal Clerk David Hopa of violating the law because the house he built is too close to her fence, infringing on her privacy. Ms. Traverso claims that the building Hopa constructed is only 50 centimeters from her fence, far short of the required 3-meter distance.
Ms. Traverso stated that the building's close proximity has affected the foundation of her existing fence, as the local sandy soil is more prone to collapse. She also claims that her neighbor did not install gutters on his building, causing rainwater to erode a portion of her fence, which collapsed during an earthquake.
Ms. Traverso is frustrated because she has been questioned twice by municipal officials while trying to rebuild the fence that has been there since 1993. "I am rebuilding the collapsed portion of the fence, not building a new fence. The first officials came to ask about a permit. What permit? Did the municipal clerk obtain a permit to build a house 25 centimeters from my fence? If he doesn't obey the law, why should anyone else?" she emphasized.
Ms. Traverso revealed that she had held a meeting several years ago during the tenure of former Mayor Eric Puyo-Festa regarding the municipal clerk's construction project. According to her, it was agreed at the time that his building violated municipal regulations, which require any building to maintain a minimum distance of three meters from adjacent properties, especially when windows are involved. To avoid Mr. Hopa being forced to demolish his building, an agreement was reached that he would build a 1.70-meter-high wall on the sidewalk to protect her privacy as a neighbor.
Three years have passed, and although the construction project is nearing completion, the agreed-upon wall has not yet been built, she said.
Clerk Hopa responded that he had paid for the construction of the building and followed the town planning procedures. He believes that the collapse of Ms. Traverso's fence was due to a weak foundation, not the rainwater from his building.
"I don't know if she applied for a permit to build the fence. If you look at other parts of Vila Port, many fences collapsed during the earthquake. It has nothing to do with water, but with the foundation. If you have a solid foundation, your fence won't collapse," he said. "After the earthquake last year, the Vila Port City Council (PVCC) decided to ban the construction of new concrete walls and other materials that could endanger lives... As the municipal clerk, I will enforce this resolution."
Clerk Hopa stated that the 3-meter distance mentioned by Ms. Traverso is a practice used by the city council, not a legal requirement. He added that if his neighbor wanted more privacy, she could build her wall higher at her own expense, as he has the right to own his property.