City toughens up on code enforcement

Veronica Duran

CORONA DEL MAR -- For 12 years Joe Monigal, displayed red, white and

pink flowers outside his shop, Corona del Mar Florist, to lure passersby

in. And -- he noted -- to add beauty and charm to the city.

Monigal says he can’t do that anymore. City code enforcement officials

have increased their efforts to prohibit store owners from displaying

merchandise on the sidewalks along East Coast Highway.

The increased vigilance, said Monigal and John Blom of the Corona del

Mar Business Improvement District, started after residents complained

about Health Emporium merchants having shopping carts, merchandise and

balloons attached to signs and newspaper stands in the storefront.

But that is hardly the reason for the increased enforcement, said

Planning Director Patricia Temple. The added vigilance is merely part of

an effort by the business district and city to work together to improve

commercial districts on a citywide basis.

One of the reasons the city did not address the issue earlier is

because the city was understaffed, Temple added. She said it is a matter

of priorities, and the council recently has moved code enforcement to the

forefront.

But if the city is trying to improve commercial centers, they are going

about it backward, Monigal said.

“We’re trying to beautify the city,” Monigal said. “We can’t

understand why the city objected to it.”

The problem, said Mayor Dennis O’Neil, is that the city can be liable

for any injuries suffered if people trip and fall over merchants’

displays.

“I think it’s unfortunate that store owners in Corona del Mar should

be prohibited from displays in front of their store, especially those

displays that add charm and beauty to the city,” O’Neil said. “What we

have found, however, if potted plants, flowers, rollerblades out in the

peninsula are put in the public right of way, if people are injured by

it, they’ll file a lawsuit against the city.”

Monigal, who wrote a letter about the enforcement to the City Council,

told city officials that he understands they are taking precautions

against a potential liability, but feels that it has been carried too far

-- and to the detriment of the business community.

“We feel the city should relax the requirements to the extent that all

merchants are allowed to place potted plants or flowers in front of their

businesses in order to enhance and beautify the village as long as it

does not impede the sidewalk by some minimum width,” Monigal wrote.

Although flowers may seem harmless, O’Neil said the city is not making

any exceptions or taking any chances. He said it has nothing to do with

the City Council being against the beautification of Corona del Mar.

It’s simply a matter of possible liability.

Even though taxpayers may enjoy the beauty of flowers, O’Neil added,

they also must accept the risk of liability if someone gets hurt.

Public complaints and lawsuits have heightened attention to this

issue among city officials.

Roy Kim, owner of Cafe Gelato Classico, said he used to place a sign

outside his store advertising what was on the menu, but later learned

that he had to get a permit if he wanted to continue to place anything 2

feet beyond the storefront. “If they allowed us to do this, it would

attract people and allow us to stay in business longer,” Kim said, noting

that business hasn’t been down this summer. “The city should do something

to attract people.”

Not all merchants disagree with the city’s policy.

“I could understand why they do it; I see some stores go haywire with

signs” said Keith Carlberg, the manager of Starbucks. “Everything is

tight. Parking is limited. Although [the city] is a little stringent

about signs, it’s understandable.”

Monigal added that there should be a way for the merchants to get a

variance because the area is going to deteriorate unless [the merchants]

can improve it.

Councilman John Noyes said that Monigal needs to talk to the council

and get an encroachment permit to be able to encroach on the city’s

property.OVER ENFORCMENT?

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