Outlaw garage gets a reprieve

Lolita Harper

COSTA MESA -- An Orange County judge issued a ruling Wednesday in a

code enforcement battle between the city and a Westside handyman that has

both unsure of the victor.

A Harbor Municipal Court jurist ruled that David Morley, who lives in

the 2000 block of Maple Avenue, must apply for a permit to enclose his

garage -- or return it to its original use -- but will not be forced to

build another garage on his property.

“I’m not sure what it all means.” said Morley, who has been leery of

the legal process since he filed an appeal of a code violation in

September.

His attorney, Jennifer Friend, said it meant victory.

A memorandum issued by the Costa Mesa city attorney confirmed it was a

favorable ruling -- for the city.

But the ground players -- Morley and Director of Code Enforcement

Sandi Benson -- are unsure.

Morley was issued a code violation in March 2001 that contended he had

illegally converted his garage into a bedroom. The citation said he must

conform to the regulation by turning what is now his bedroom back into a

garage, or apply for the proper permit to turn the garage into a living

space and then build a garage somewhere else on his property.

Morley has said the garage was used as a bedroom even before his

parents bought the house 38 years ago, and that is how his family has

continued to use the space.

“It’s nice to know that I don’t have to build a garage because there

is no place to built it,” Morley said. “I’m glad I’m not being forced to

do the impossible.”

Benson said she needs further review from the city’s attorneys before

she deems the ruling favorable.

“It’s confusing,” Benson said.

In one sense, the judge is upholding the city’s claim that Morley must

apply for a permit to enclose his garage. According to the city’s permit

process, however, he would not be granted permission to enclose the

garage unless he built another one somewhere on his property.

The same ruling blocks the city from forcing Morley to build a garage

on his property.

The modest handyman is worried about any future dealings with the

city, including the judge’s requirement to apply for a permit.

“I don’t know what the city is going to do,” Morley said. “I thought

we could work this all out before it got this far. You expect that people

at the city are there to help you and then something like this happens.”

The new “proactive citywide code enforcement program” that deemed his

garage illegal went into effect in August 2000. Costa Mesa code

enforcement officers have been walking the streets and targeting the

worst offenders since December 2000.

Morley, who was initially worried about the cost to build another

garage on his property, has spent close to $8,000 to defend his case.

“It never should have gotten this far,” Morley said.

Councilman Gary Monahan agreed.

“This issue never should have gone to court,” Monahan said.

The councilman said he would like to set up a review board to help

those who have found themselves the victims of new proactive codes. A

system where certain cases could be heard and a resolution could be met

without having to go to court, he said.

“Being proactive is good, and we are getting a lot of eyesores cleaned

up,” Monahan said. “But sometimes our codes can be overzealous and

unbending, and we need a better administrative hearing process to get

things cleared up.”

* Lolita Harper covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at o7 [email protected] .