A Silver Lake homeowner upset that a house is being constructed just inches from his 90-year-old residence has been ordered by Los Angeles officials to tear down the portion of his dwelling closest to the new house.
The ruling is a blow to Richard Kaye, who had demanded that the three-story structure being built within arm's reach of his covered rear balcony be torn down and rebuilt farther away from the property line.
But the city's Department of Building and Safety determined that a 5-foot portion of Kaye's balcony and a corner of his garage jut over the property line and extend into the next lot, where developer Chong Lee's house is in the framing stage.
A code enforcement violation order issued this week to Kaye states that the balcony and garage were constructed without required inspections and permits and that the balcony is "deteriorated or defective."
In an interview, however, Kaye said he will not take a sledgehammer to either the second-floor deck or the garage and instead will go to court to prove that both structures were built under a city permit issued in 1923 when his house was constructed.
"What if I don't tear it down? The proper way to deal with the property line issue is to negotiate in court. I'm not going to tear down the deck without assurance it can be rebuilt right where it is," Kaye said after learning that the city had issued a substandard order notice. "I'll chain myself to the balcony. Let them come and arrest me."
The dispute was first reported by The Times earlier this week. Lee has said that Kaye's rear deck looked like it was not properly engineered. "The balcony is really dangerous. It's old. Code enforcement will evaluate it. I feel bad for him," Lee said.
As part of the enforcement order sent Wednesday to Kaye, a Feb. 1 compliance deadline was set and he was assessed fees totaling $356 to cover the cost of the enforcement inspection. Failure to pay the fees by then will result in their escalating to $1,176, officials said.
According to David Lara, a spokesman for the department, Kaye would have to obtain a lot-line adjustment in order to avoid demolition. But it is unlikely that Lee would agree to that since he already began construction.
Lara said the code enforcement action was triggered by a complaint the department received Dec. 18.
The city's code enforcement report concludes that construction of the garage and balcony was "performed and concealed" without obtaining the required inspections. It says the balcony is substandard because of deteriorated decking and floor supports. The balcony sticks about five feet over what the city says is the property line, and one corner of the garage sticks about a foot over the line.
Kaye said that on Wednesday he faxed documentation to Building and Safety officials that show that the balcony and garage were constructed in 1923 under an approved city building permit. He said that in 1924 the city approved a lot-split that created the parcel that Lee is building on. The city's notice of violation had been prepared Dec. 27, six days before the faxes were sent.
"The deck is clearly part of the original house. The house was built with cantilevers for the deck that come from the inside," said Kaye, who owns and operates the Koda sushi restaurant and sake bar on Sunset Boulevard and purchased his Robinson Street home in 2002.
Kaye has argued that city inspectors erred by telling Lee to use white correction fluid to cover over the outline of Kaye's balcony and garage on the plot plan he submitted for Building and Safety approval. The city building code states that "any misrepresentation in any writing submitted to the department" is punishable as a misdemeanor, Kaye said.
"The department is doing a cover-up of their mistake. The issuance of a permit for the work next door is where the problem began," he said.
"I'm disappointed. Building and Safety is going to get sued."
Building and Safety's Lara said there is no evidence of correction fluid shown on microfilm images of Lee's project. But he said the plot plan does not depict Kaye's balcony or garage corner protruding into Lee's lot.
bob.pool@latimes.com
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