EDITORIAL
David Morley fought the law and he won. It sure appears so, anyway.
Back in August, Costa Mesa code enforcement officers told Morley that
he was breaking the law for living in his garage and issued him a notice
telling him to fix the problem within 30 days.
You see, a previous homeowner converted the garage into a bedroom
about 50 years ago. When the Westside resident’s parents bought the place
38 years ago, they inherited the extra bedroom. And, until last summer,
city officials never questioned its legality nor asked that it be
changed.
Well, Morley looked around his home and came up with various options
to abide by the city’s codes, but found out the price and effort would be
too great. “They are asking for such a sacrifice just to put a car in a
box,” the handyman said in August.
We couldn’t agree more. So we supported Morley in his efforts to fight
the code enforcement battle against the city. Last week, a judge agreed
with him, ruling that he will not be forced to build another garage on
his property.
However, the judge’s ruling did appear a bit confusing in that he
ruled that Morley must apply for a permit to enclose his garage or return
it to its original use. In fact, the decision was so confusing that both
the city and Morley’s lawyer claimed victory.
Now’s the tricky part. Morley does not have to build a separate
garage, though he must apply for the permit, which the city would not
approve in the first place.
So, it comes down to the city, really. Morley must apply for the
permit, but the city will have to make a decision, knowing it can’t force
him to build a new garage.
We simply say, have a heart.
The home’s has lacked a garage and has had the extra bedroom for about
50 years. Changing it now, isn’t going to make much difference or alter
the facts.
He didn’t convert his garage into a bedroom. He shouldn’t suffer the
monetary losses associated with fixing the perceived code violation.
Both parties had their day in court. Let Morley win.
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