The owner of a “perpetual remodel” on Plum Street in Point Loma has resumed work to complete his half-finished mansion, including needed public improvements like public sidewalk replacement.
\nThe property\u2019s owner, Francisco Mendiola, has apparently done just enough work to satisfy the court. But he hasn\u2019t appeased neighbors skeptical his project will ever be finished.
\nLocal reaction against the unfinished housing project, which has been years in the making, has been strong.
\n“Eight years and counting \u2026 how much longer do residents have to endure this blighted building?” asked John Pedersen, a nearby neighbor. “Latest court review allowed him to postpone \u2018again\u2019 all his completion dates for the safety issues and the final completion of all his outstanding construction issues, which would prevent its sale or habitability.”
\n“The neighborhood is really PO’d by what they perceive to be someone gaming the judicial system and city officials,” said Don Sevrens, a Peninsula Community Planning Board member speaking on his own behalf. “They are hopping mad.”
\nGregg King lives next door to the mansion at 1676 Plum St., which he characterized as a “ridiculous concrete, vagrant, rodent and gang-member hangout.”
\n“If any one of these officials who are supposedly monitoring this mess lived next to this and had to deal with what my family and I have endured \u2026 it would be a different story,” King said. “It\u2019s almost comical how this guy has taken advantage of all the city departments and officials involved\u2026 He hasn\u2019t been held accountable for the hardships placed on neighboring residents\u2026 Nobody downtown cares\u2026 Guys show up next door for a few minutes to do a little work every four or five days. The city is being played \u2013 and they don’t even realize it.”
\nAnother Plum Street neighbor, Jami McDermid, concurred with King, noting, “Eight years is long enough.”
\nMcDermid said the city ought to require Mendiola to promptly “reinstall the sidewalk and clean up all trash and debris on the property.”
\nMcDermid offered a couple of other suggestions.
\n“Immediately have a City building inspector inspect the property for code violations\/compliance and make available the findings,” McDermid said. “Change the City of San Diego statutes to prevent this from occurring to others in the future. Disclose to residents the current lien holder and make them an active defendant in the litigation proceedings. Ask Councilwoman Zapf or Mayor Faulconer what they would do if this was next door to their home?”
\nA status hearing on the unfinished Plum Street mansion was held in Department 3 of the San Diego Superior Court Aug. 4 before Judge David Rubin.
\nFollowing that hearing, Mendiola\u2019s attorney, Scott M. Schlegel, said his client has been misrepresented by the public in its perception of the situation with his Plum Street property.
\n“Since the date when Mendiola pled guilty on Jan. 28, 2015, no extensions have been granted by the court and no extensions have been requested,” Schlegel said.\u00a0“The plea agreement between Mendiola and the city contained various deadlines for obtaining permits and completing the construction associated with the permit. \u00a0To date, Mendiola is in full compliance.”
\nSchlegel noted that the recent court hearing was only a status conference. \u00a0
\n“The court did not grant any extensions whatsoever,” said Schlegel. “The court simply reiterated the deadlines as stated in the plea agreement dated Jan. 28, 2015. \u00a0At this time, Mendiola is on schedule and in compliance with the deadlines as stated in the plea agreement. \u00a0The sidewalk will in fact be completed in accordance with the dates outlined in the plea agreement.”
\nThe City Attorney\u2019s Office also reacted to Judge Rubin’s decision.
\n“Judge Rubin stated that the community had shown tremendous patience and the City has been fair to the defendant,” said Gerry Braun, spokesman for City Attorney Jan Goldsmith. “He (Rubin) also stated that the neighborhood is entitled to \u2018quiet peace and enjoyment.\u2019 The People opposed, and Judge Rubin declined, the defendant\u2019s request for more time to complete the work. The judge also denied the People\u2019s request to have the defendant put in jail, or be ordered to do public work service.”\u00a0
\nBraun said Judge Rubin indicated that “if the sidewalk is not completed and traversable on Sept. 16, 2015, he will not hesitate to order the defendant to bulldoze the project or sell the property. Judge Rubin also indicated that the January deadline was reasonable and if the project was not completed by the Jan. 7, 2016 hearing date that he would order the defendant to demolish the structure or sell the property to a third party.”
\n“Judge Rubin has retained personal jurisdiction over the matter for reasons of judicial economy so the defendant does not slip through the cracks,” added Braun, noting the next court date is Wednesday, Sept. 16, at 9 a.m. in Department 39 before Judge Rubin.
\nThe Peninsula Community Planning Board (PCPB) discussed the Plum Street situation at length in November 2014.
\n“No action was taken by PCPB on this matter,” said group chair Julia Quinn, who added, “After a presentation by a representative from the City Attorney’s Office (CAO), a motion to send a letter failed.”
\nQuinn added the consensus of a majority of PCPB board\u00a0members was to “let the legal process being undertaken by the CAO be allowed to be completed.”
\nMendiola has a progress hearing Dec. 9 prior to the Jan. 8 court-ordered date by which all work on his Plum Street mansion is required to be completed.
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