SAN DIEGO (KGTV) — Some Hillcrest businesses are seeking compensation from the City of San Diego to offset potential revenue losses resulting from a construction project on Fifth Avenue.
ABC 10News first informed you about the construction last month, when businesses raised concerns about the timing and rollout of the project.
Divo-Diva and Pure Bar are two of the businesses filing a claim. Divo Diva co-owner Victoria Robertson said she's already missed out on the holiday rush, and she believes many potential customers are avoiding the area entirely.
"I really think that we probably left at least 20% on the table from people who were driving by and saying is this even worth trying to access, because the business looks under construction," Robertson said.
She also said the construction is having an impact on deliveries, ADA accessibility, and other operations for the businesses. The drop in sales from holidays is continuing into the new year.
"Even friends of mine said, 'I was going to stop by and see you, but I saw the mess, and I just drove on by,'" Robertson said.
Robertson has filed a claim asking the city for no less than $200,000 to make up for potential losses. Her attorney argues the city didn't provide adequate notice about when the construction project would begin.
"There was no clear date when it would start," Attorney Maria Severson said. "When the city did choose to start it, it was December 1. That's a busy time."
The construction happening on Fifth Avenue stems from a legal settlement that required the city to upgrade storm infrastructure in the area because of past flooding events.
The city says pausing the project at this point would cost the city $500,000. A city spokesperson added it notified businesses and homeowners three times: once two years ago with a letter, then with door hangers last May, and again last month.
However, by the time of the third notice in December, the construction fencing was already in place.
"There's no notice that's sufficient to say I'm going to take your property essentially for a few months," Severson said.
Robertson and the other business owners do understand the work needs to be done. One proposal Robertson has brought is to only section off the areas where work is being done, rather than its current setup that takes over the full block.
A city spokesperson told ABC 10News they're unaware of the claim and added that the city does plan to scale back some of the road closures on Fifth Street as the project continues.
The soonest changes could come this spring. However, there's no detail yet on what those changes will be later on.
In the meantime, Robertson said her café's survival depends on daily sales targets.
"Every single day is critical for us to hit our numbers. If we do not hit our numbers, we're trying to find the money from our own pockets to subsidize that," Robertson said.
The construction project is expected to wrap up by October. The City Attorney's Office says it can't comment on potential litigation.
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