By Susan Motander
At the council meeting on Tuesday and in response to a letter from the Board of the Monrovia Historic Preservation Group (MOHPG), Council Member Gloria Crudgington brought up the demolition of the house at 209 W. Scenic. Despite the moratoria on both demolition and construction, the contractor “remodeling” the home at that location had, apparently done both.
According to Craig Jimenez, Community Development Director for the city, the house has been virtually “gutted” with most the doors and windows removed. “This removal of windows is considered demolition,” Jimenez explained. This work was done at a time when the moratoria were in effect. He also pointed out that no permits have been issued for any demolition or construction at the location.
The council members uniformly condemned the illegal actions of the contractor who violated city codes by working without permits, and questioned the city staff and specifically the Craig Steele, the city attorney, about the legal consequences of the contractors actions.
Both Steele and City Manager Oliver Chi explained that such actions are considered violations of the city’s ordinances and were subject to administrative fines of up to $500 for each violation. The contractor has been accused of four separate infractions of the municipal ordinances.
When asked by Council Member Alex Blackburn (who is himself an attorney) if the council would be reviewing the contractor’s actions for potential criminal action, Steele did explain that only the city prosecutor, hired by the city, had the ability to make a determination as to the potential for successful prosecution on a criminal level. Steele also pointed out that if such an action were brought, it was doubtful that any jail time would be involved as these would involve only misdemeanor charges.
Currently, even though the statutes provide for incarceration for up to a year for a conviction of a misdemeanor, with overcrowding in the jail facilities, only those convicted of felonies serve any time in custody. The fine for a misdemeanor can be as much as $1000, but those fees are not returned to the city where the violation occurred. Administrative fees are retained by the cities.
Since the situation was discussed under reports of council, no action was taken, but the council asked to be kept appraised on the condition of the house.
After the meeting, Jimenez said that the city’s planners are working to ensure that the property is restored. As Crudgington pointed out in the meeting, the house had been “potentially landmarkable” before it was partially demolished.
“We can use the new ordinance to enforce the restoration of the house,” Jimenez said. He explained that with the oversight steps now required by the city’s code, the planning department, the Historic Preservation Commission and the Planning Commission can all work to ensure the house is preserved. He pointed out the new ordinance gave the entities involved more power moving forward.
