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SAN DIEGO (KGTV) - Cesar Rivera thought he'd achieved the American Dream when he and his wife bought a house just north of Mission Valley. "I moved in, I loved the area, I loved my neighbors," he says. "I want my boys to have this house when we grow old."But whether Rivera's family will last in long enough in the area remains to be seen. These days, Rivera is on anxiety medication. He says it's because of the home next door that became a vacation rental shortly after he moved in. He says it can rage any night of the week. "They go on arguing and yelling, and they're out there for hours," Rivera said. "They don't stop. That latest it's gone on is 3:30 in the morning."RELATED: Airbnb reports San Diego revenue for holiday weekends and eventsRivera says he has called the police on numerous occasions, but they don't always come in a timely manner. He also says the owner, Lael Volage, is not responsive: a claim she vehemently disputes. At any rate, it's exactly the situation the City Council aimed to avoid when it passed strict regulations in 2018. The rules would have limited vacation rentals to primary homes and structures on the same parcel. The rules also would have required many hosts to pay a 5 fee to fund a new enforcement division that would have worked evenings and weekends. But Airbnb led a successful referendum, and the council rescinded the law. "It's a free-for-all," said Volage. Volage says Rivera's claims are overblown, and that she too does not want her property to be the site of wild parties.RELATED: Vacation rental hosts blast bill that would set local limits"Nobody wants a problem," Volage says. "Nobody wants a party at their house. We try to regulate it. I turn people down all the time."Still, her online listing says parties and smoking are allowed, the home sleeps ten, and boasts a billiards table, jacuzzi, and wet bar. It is advertised for 0 a night on Fridays and Saturdays. "If you're a homeowner, you're allowed to have a barbeque, you're allowed to have beer pong in the backyard, and be able to have some music playing until 6, 7, 8, 9 even 10 o'clock," Volage said. She said vacationers should have the same rights, and that Rivera's problem is that his bedroom is right above the street. San Diego Police say they have been called to Volage's rental three times since May for noise complaints. RELATED: Team 10 investigates wild, violent parties at short term vacation rentalsThere is currently no proposal at the city to regulate short term rentals. A 2017 memo from the city attorney concludes vacation rentals are not an allowed use. Still, a spokesman for the mayor says he continues to support the "common sense regulations proposed last year as a starting point for new negotiations."After a Halloween night shooting at a vacation rental, Airbnb CEO Brian Chesky announced the company would ban party houses, and increase enforcement efforts. Those efforts include creating a "party house" rapid response team, and expanding manual screening of high-risk reservations. Volage's home is listed on VRBO. The company did not immediately return a request for comment. 3139

SAN DIEGO (KGTV) — Boulevard Fitness in University Heights has closed its doors following a letter from the city threatening expensive fines and to force the business to close.The gym stayed open in the face of local coronavirus-related restrictions on indoor activities for fitness centers for more than a month, according to a letter from City Attorney Mara Elliott."To date, evidence we have reviewed shows your business has been out of compliance for more than 45 days. If our office chooses to remedy the violation by pursuing an unfair business practices action, you and your business could be subject to fines of ,500 a day for each violation and orders to close," Elliott's letter on Tuesday stated.RELATED: Businesses to begin outdoor services at San Diego parksIn a letter sent to the gym's members on Wednesday, Boulevard Fitness said it has temporarily closed "due to current fiscal situations.""We are not sure when this closure period will end but we will be [sic] continuously monitor this and update you when appropriate," the gym's letter read. "However, we are working closely with our legal counsel to get in compliance with public health orders so that we can open up again soon."Boulevard Fitness owner Shawn Gilbert told ABC 10News back in July that staying open is a matter of survival."I took a huge financial hit in May. Money out of my pocket that's never coming back. We have bills to pay, we have rent to pay,” Gilbert told ABC 10News. He added that he believed his gym can operate indoors safely with face coverings and distancing, and that he has an outdoor area he plans to utilize.The gym on El Cajon Boulevard had been limiting the number of people inside and increasing cleaning and other measures to try to limit the risk of spreading the virus.RELATED: North Park gym forced to move outside, immediately finds syringeThis month, ABC 10News analyzed data from 211 revealed the gym was among businesses that have received the most complaints from the public about health order violations, with 141 complaints at the time.In a follow-up to ABC 10News, Elliott said the gym was contacted several times by San Diego Police officers and given warnings and citations by the county. This is reportedly the first case of its kind referred to the City Attorney's office."For more than a month, Boulevard Fitness ignored the county's orders to stop endangering the health of its members and the public. My office stepped in and got quick compliance the same way we did with the Banker's Hill party house -- by laying out the fines and penalties we could seek if they continued breaking the law, " Elliott said. "The spread of COVID is a problem that my office takes seriously."San Diego County officials are still awaiting guidance on reopening from the state after the region was removed from the California Monitoring List last week. 2870

SAN DIEGO (KGTV) — County health officials say they are taking aggressive measures to contain a flu outbreak at San Diego's migrant shelter. At least 16 migrants have shown flu-like symptoms; all were recently flown to San Diego from Texas by the U.S. Department of Homeland Security Immigration and Customs Enforcement.Three migrants tested positive with a rapid influenza test."In order to take steps to prevent the spread of the disease we've become more aggressive in treating everyone with symptoms, regardless of when those symptoms started," said Dr. Dean Sidelinger, Deputy Public Health Officer for the County.RELATED: Flu outbreak sickens over 30 migrants at border centerBefore being admitted to the shelter, migrants undergo medical screenings.Migrants with flu-like symptoms are being isolated off-site in hotel rooms, along with their family members who are receiving preventative medicine.On Thursday, County Supervisors Dianne Jacob and Nathan Fletcher expressed their continued frustration with the federal government's handling of the migrant crisis. "Had we not taken these steps these migrant families would have been released by ICE at bus stops or transit centers without the medical screenings, without the treatment, without the attention, and without the help and support that we have provided. This could have proved disastrous for our region," said Fletcher. Fletcher says while they don't know how many people may develop flu-like symptoms in the days and weeks ahead, they are actively monitoring the population. Jacob says they are expecting more planes of migrants, possibly three planes a week. 1637

SAN DIEGO (KGTV) — County public health officials have released guidance for celebrating Halloween this month, including recommendations for trick-or-treating and parties.The county is recommending that residents avoid traditional door-to-door trick-or-treating, "trunk-or-treating" where candy is offered from cars, or leaving bowls of candy for others at their door this Halloween due to the pandemic.For those who want to find a safe alternative to traditional trick-or-treating, the county recommends "one-way" trick-or-treating where residents leave individually wrapped goodies bags outside for families to grab while maintaining physical distance, such as at the end of the driveway or yard.Parents are also asked to consider giving away treats other than candy, such as stickers, pencils, or mini pumpkins that can be sanitized by parents before given to kids.There are several activities that are not allowed, according to the county, including:In-person gatherings, parties, and events with non-household members even if gatherings are outdoors because physical distancing will not be easy to maintain,Carnivals, petting zoos, festivals, and live entertainment are not allowed because of frequent interaction with high touch surfaces by children and participants, andAny gatherings already not allowed under current public health ordersHaunted houses are not recommended because of the potential for crowds in tight spaces and poor ventilation, making safety and social distancing a challenge.County officials recommend that San Diegans celebrate through:Online parties or costume contestsDrive-thru events and car paradesDecorating homes and yardsMovie nights within households or at drive-in theaters, andPumpkin patches where social distancing and increased hand hygiene is possibleThe county says that whichever way residents end up celebrating Halloween, it's important that they continue to wash and sanitize their hands often and thoroughly, avoid close contact with individuals that are not in the same household, wear a face covering, and stay home and away from others if sick.More Halloween safety resources are available on the county's website. 2175

SAN DIEGO (KGTV) — As people continue to wipe out store shelves and stock up on essential items, a new app called Markk is helping users locate where products like water, eggs, and toilet paper are actually in stock."I think the main thing that makes us happy, is it's helping people out there," said co-founder, Shachin Bharadwaj.What started off as a visual, real-time review app in late August, quickly pivoted to an emergency supply finder amid the coronavirus pandemic.RELATED: San Diego grocery stores hiring to address demand amid virus"You can take photos and videos of the store with items you want to focus on," said Bharadwaj.Markk gives users the ability to take pictures or videos of the in stock essential items, in real-time, then tag their location and post."It's like an Instagram story basically," said Bharadwaj.RELATED: Will you qualify for a ,200 COVID-19 stimulus check?Your location must be enabled while using the app, but it only shows up to other users when posting from a store.The pictures or videos get marked on a map and may stay there for up to 24 hours."If you see new users coming into the same place and giving a better marking, the older marking automatically expires," explained Bharadwaj.RELATED: Grocery stores with hours for seniors amid coronavirus pandemicYou can also let users know what's out of stock, saving your neighbors a trip and reducing crowding in grocery stores."If you can help people in the community report essentials, when you are out buying stuff for yourself, then I think you are helping the greater cause," he said.This is only the third week the emergency supply finder has been in use, it is available worldwide but have mostly been used in Los Angeles.RELATED: 3.3 million seek US jobless aid, nearly 5 times earlier highBharadwak is hoping to get the word out so neighbors can begin helping each other during this unusual time."It will really help the community kind of be stronger and bring something for each other," he said.Markk is available in the Apple App Store as well as the Google Play Store. 2078

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