mark handler
SAWHORSE
Owner of condemned Pacific Grove home sues city.
http://www.montereycountyweekly.com/news/local_news/owner-of-condemned-pacific-grove-homes-sues-city/article_7155d864-db43-11e5-b004-cf882eda7ae9.html
Forest Avenue is a heavily trafficked thoroughfare in Pacific Grove, lined with houses – most of them well kept and with freshly manicured lawns. At 1009 Forest Ave., though, there’s a large aging home sitting vacant, surrounded by overgrown vegetation and with what a neighbor says looks like black mold oozing through the exterior walls. A city notice is affixed to the front door marking the home condemned.
The owner of the building, Rose Marie Coleman, an 84-year-old retired real estate agent and current Carmel resident, is suing Pacific Grove for fraud, deceit and elder abuse after the city condemned her property for multiple code violations.
Coleman has rented out the property for decades after she raised her kids in the home. In addition to the building in question, Coleman also owns a home in Carmel and two other properties on Forest Avenue in P.G., one an office building and the other residential, says her attorney, Patricia Boyes.
In early 2013, a tenant at 1009 complained to the city about inadequate living conditions. A building inspection later found there was no permanent source of heat, a leaking roof, lack of smoke detectors, hazardous wiring, a termite infestation and a garage deck railing in poor condition.
“There was a complaint made so we had to inspect the site,” says John Kuehl, building official for Monterey and Pacific Grove. “The building has a number of issues: electrical, plumbing. There were sparks and hazardous wiring. There was also an extra unit installed without approval.”
Boyes contends all the claims are false and that an inspection was illegally made without the her consent. Throughout 2013 when the city started to take actions against the alleged code violations at the property, Coleman was in and out of the hospital with various ailments and unable to respond to the city’s notices. The city has placed a $113,465 lien on the property.
Kuehl defends his findings and says city officials can inspect buildings not just with an owner’s consent, but with a tenant’s consent as well.
The property currently has an assessed value $135,032 according to the Monterey County Assessor’s Office, but at four bedrooms and three baths the property is worth much more in a city where the median home value pushes $800,000.
“The whole thing has put her in a terrible position,” says Boyes. “In the process she’s gotten behind on her other properties. She may own lots of real estate, but right now she’s cash poor.”
Coleman claims tenants made the original complaints to get out of paying rent, which they avoided paying after Pacific Grove posted notices of violations at the property. Boyes says Coleman had to file a cease-and-desist order to remove the tenants from the property and to collect back rent.
On Feb. 26, the city of Pacific Grove will attempt to have the case dismissed, arguing that Coleman’s claims are invalid.
“The city proceeded appropriately and provided the plaintiff every opportunity to take corrective action,” says Heidi Quinn, an attorney with De Lay and Laredo who is representing Pacific Grove. “The city is surprised at the claim, but we are confident in our case.”
http://www.montereycountyweekly.com/news/local_news/owner-of-condemned-pacific-grove-homes-sues-city/article_7155d864-db43-11e5-b004-cf882eda7ae9.html
Forest Avenue is a heavily trafficked thoroughfare in Pacific Grove, lined with houses – most of them well kept and with freshly manicured lawns. At 1009 Forest Ave., though, there’s a large aging home sitting vacant, surrounded by overgrown vegetation and with what a neighbor says looks like black mold oozing through the exterior walls. A city notice is affixed to the front door marking the home condemned.
The owner of the building, Rose Marie Coleman, an 84-year-old retired real estate agent and current Carmel resident, is suing Pacific Grove for fraud, deceit and elder abuse after the city condemned her property for multiple code violations.
Coleman has rented out the property for decades after she raised her kids in the home. In addition to the building in question, Coleman also owns a home in Carmel and two other properties on Forest Avenue in P.G., one an office building and the other residential, says her attorney, Patricia Boyes.
In early 2013, a tenant at 1009 complained to the city about inadequate living conditions. A building inspection later found there was no permanent source of heat, a leaking roof, lack of smoke detectors, hazardous wiring, a termite infestation and a garage deck railing in poor condition.
“There was a complaint made so we had to inspect the site,” says John Kuehl, building official for Monterey and Pacific Grove. “The building has a number of issues: electrical, plumbing. There were sparks and hazardous wiring. There was also an extra unit installed without approval.”
Boyes contends all the claims are false and that an inspection was illegally made without the her consent. Throughout 2013 when the city started to take actions against the alleged code violations at the property, Coleman was in and out of the hospital with various ailments and unable to respond to the city’s notices. The city has placed a $113,465 lien on the property.
Kuehl defends his findings and says city officials can inspect buildings not just with an owner’s consent, but with a tenant’s consent as well.
The property currently has an assessed value $135,032 according to the Monterey County Assessor’s Office, but at four bedrooms and three baths the property is worth much more in a city where the median home value pushes $800,000.
“The whole thing has put her in a terrible position,” says Boyes. “In the process she’s gotten behind on her other properties. She may own lots of real estate, but right now she’s cash poor.”
Coleman claims tenants made the original complaints to get out of paying rent, which they avoided paying after Pacific Grove posted notices of violations at the property. Boyes says Coleman had to file a cease-and-desist order to remove the tenants from the property and to collect back rent.
On Feb. 26, the city of Pacific Grove will attempt to have the case dismissed, arguing that Coleman’s claims are invalid.
“The city proceeded appropriately and provided the plaintiff every opportunity to take corrective action,” says Heidi Quinn, an attorney with De Lay and Laredo who is representing Pacific Grove. “The city is surprised at the claim, but we are confident in our case.”
