State judge upholds ruling to have apartments demolished
By MICHAEL J. TITTINGER Daily Press Staff Writer
SUNSET PARK — An embattled Santa Monica property owner is one step closer to losing his home of 33 years, with a state appellate judge clearing the way towards the building’s demolition after repeated city inspections found the structure an unsafe blight to the community.
The Second District Court of Appeals also affirmed the appointment of a receiver to take control of the three-unit apartment building at 2438 Ocean Park Blvd., ruling that Guillermo Gonzalez has failed to bring his property up to code.
Among the health and safety code violations cited by City Hall are: An exterior overrun with garbage and flammable materials; a second-story bedroom containing 14 bunk beds; a lack of heating; a chronically filthy kitchen area; permanently parked vehicles in the backyard that contain debris; improper wiring; and serving as a hotbed for criminal activity, according to the Santa Monica City Attorney’s Office.
Gonzalez in 1997 was charged by City Hall with 85 misdemeanor counts for violations of building, fire, plumbing and electrical codes, and has had ongoing legal problems since. He has served time in LA County twice for refusing to bring his building up to code, according to the City Attorney’s Office.
“This has definitely been a long road for the city,” said Deputy City Attorney Adam Radinsky, who heads up City Hall’s Consumer Protection Unit. “This was really a last resort, after all other measures failed. It’s a sad situation.”
On Wednesday, Gonzalez was sitting on his front patio, eating peaches and limes when he was informed of the ruling. The 57-year-old, wearing an old Edison Company hard-hat, contends his lawyer does not always keep him apprised of the ongoing legal tussle with Santa Monica City Hall.
Calls to Gonzalez’ attorney — Stan Stearns who works on Main Street — were not returned on Wednesday.
Gonzalez described a series of missteps that included one lawyer running off with his retainer, general contractors not completing jobs and city inspectors contradicting one another to the point that he can’t possibly comply.
Still, the gravity of the May 31 court ruling may elude him. Gonzalez, a former construction worker who relies on boarders to help make mortgage payments, has made no plans to vacate the property or live elsewhere.
“By law, they cannot take me out of here. This is private property,” Gonzalez said Wednesday.“This is a direct attack by the city of Santa Monica. I don’t know why they don’t like me. I just help people that need a place to stay.
“I’m doing social work here,” he explained regarding his tenants who have few other affordable options in the city.“I’m practicing social, psychological work.”
Court-appointed receiver David Pasternak, an attorney based in Century City, assumed full control of the property in January of 2005, following a Superior Court ruling in Beverly Hills. In May of that year, he was granted court permission to have the building demolished on the grounds that it was not financially viable to rehabilitate.
Gonzalez subsequently appealed, reasoning that demolition would be unfair given that he wished to remain living in the two-story structure he co-owns with his mother, and preferred to pay the costs of repairs.
“Apartment owners need to know that their buildings can be taken away if they refuse to follow the law,” said Radinsky. “Receivership is drastic medicine, but we won’t hesitate to use it in proper cases to protect the well-being of the community.”
The City Attorney’s Office first filed a court order in December of 2004, citing numerous complaints about the property from neighbors. The legal action ordered Gonzalez to bring the building up to code, which City Hall alleges he has still not done.
As for Gonzalez’s future at the property, Radinsky called that “a decision for another day.” He’s still the legal owner of the property, but the receiver and trial court are now making the important decisions in the building’s management, and the trial court has ruled it “appropriate to allow its demolition.”
“He’s had 15 years to bring this building into compliance,” Radinsky said.
On Wednesday, a bewildered Gonzalez contended that his building was in compliance, showing off replaced gas piping, inspected fire extinguishers and a pair of utility trucks that, while not aesthetically pleasing, were indeed operable. He said the city “calls them abandoned.”
“I’ve been working on this house since 1973,” he said,“maintaining, correcting, sanitizing. The city just lies about this being trash. One man’s trash is another’s treasure.”
While Gonzalez said he uses all the items in his yard that appear to be suitable for the trash heap — mismatched chairs, a lopsided table, a barbecue grill,a generator,tools — a quick walk around the property brings to light many of City Hall’s and neighbors’concerns — tar dripping from the rooftop,a rusted grill,an exposed gas can in the alley, windows that don’t open.
Gonzalez also was reluctant to show the inside of his house, which was constructed in 1947. A large trash container kept the front door ajar,over which flies buzzed about.Signs posted at the entryway included “No Trespassing: No Hunting, No Fishing” “Do Not Disturb Occupants” and “Heal the Bay.”
Whatever I have left here is safe,”he insisted, saying city inspectors lack communication and social skills, and a proper education. “(The city) they just want to mess with me. They have nothing else to do, and they’re jealous. They probably don’t own houses.
“It’s not spotless around here, but I do as much as I can.”
Originally published in the Santa Monica Daily Press print edition on June 8, 2006. Read the original PDF.