National City Councilman Jerry Cano met an early April deadline to address five-year-old building code violations at his Mary Lane home.
City Attorney Angil Morris-Jones sent the councilman a letter last month, notifiying him he had until 5 p.m. April 3 to complete a new building permit application; pay a $118 fee for a plan check review; and submit either the previously submitted plans that were approved on Jan.22. 2015 or submit new plans by a new designer.
Morris-Jones said Cano met the three directives on April 3.
The letter was dated on March 15, the same day The Star-News reported that Cano had 12 building code violations for non-permitted construction work at his home.
Despite the city issuing Cano several Notices of Violations, he was never fined or penalized for those violations. Instead, the city placed a Recordation of Notice of Code violations on his property. A recordation is a legal document that limit’s a property owner to sell, refinance or construct anything on the property until the code violations are corrected.
Residents have spoken out against the councilman during council meetings alleging that he had received preferential treatment because normal citizens are penalized for code violations.
When asked if Cano received preferential treatment, Morris-Jones said, “I don’t know,” and said in addressing his violations now, he is being treated the same way as any National resident.
“He was directed that he had to fix it and that’s what we would do with any other person,” she said. “Once I learned of it, he was directed by me to fix it.”
At the request of Councilwoman Mona Rios, the city council will decide April 17 if they want to conduct an outside-independent investigation to see how Cano’s code case was handled.
Morris-Jones stated in her letter that Cano was willing to fix his violations.
“During my telephone conversation with the chief building inspector this morning, I informed him that you have decided to get the plans resubmitted so that you obtain a building permit in order to correct all of the building code violations,” letter states.
Before Cano can obtain a building permit he had to submit plans for a plan check and pay the fee for a plan review, which Cano had done nearly four years ago but never followed through with the full process and the plans he had submitted in 2015 had expired.
After his plan check is approved, Cano will then have to pay a penalty of double the amount in order to get permit. Then he must have the work actually completed.
Morris-Jones said Cano will get a building permit, assuming his plans are approved. If they are not approved, he will have to make the necessary changes before getting a permit.
Morris-Jones said if Cano does not fix the violations, he will be fined and penalized.
“I am sure that all of us want this to end well, with you obtaining a final on your building permit,” she states to Cano in the letter.
Since the issue became public Morris-Jones has tightened her grip on communication from city personnel.
“I have now put a gag order on staff in regards to this particular matter because at the last council meeting to a motion to have an investigation,” she said. “If we are going to have an investigation, I want the investigator to be able to sit down and find out all of the information.”
Morris-Jones said she placed a gag order on staff in regards to Cano’s building violations because she did not want statements to interfere with a potential outside investigation.