City prepares to go to court over Liberty Street wall

By Kipp Hanley

Published: May 28, 2008

A lack of compliance in regard to building and zoning violations has pushed the city of Manassas into the legal arena.

Manassas Building Official Brian Smith confirmed Wednesday that 9500 Liberty Street owners Delia Alvarez and Gaudencio Fernandez failed to meet a 10-day deadline listed on a May 15 letter that directed them to obtain a demolition permit for their now infamous political sign.

Smith said he and zoning administrator Lorena Payne have informed the city attorney’s firm of Smith and Davenport of the non-compliance. Smith said the goal is compliance, not fines. In eight years with the city, Smith said he has sent four court summons regarding building issues, but has never been to court.

“We have issued lots of violations but we have always gotten compliance,” Smith said. “That’s the goal, to not spend a lot of time in court.”

Fernandez confirmed on May 23 that he received the letter from the city and that he wouldn’t like apply for a demolition permit until next month because of work obligations. He also said he has legal counsel available if this situation goes to court.

According to Smith, Fernandez obtained a six-month demolition permit on April 12, 2007, which has since expired. Fernandez started the work in September but left standing the wall with political messages criticizing Prince William County’s resolution targeting illegal immigrants.

On November 6, the city issued a building violation after Fernandez re-enforced the structure without obtaining a permit. The May 15 letter states that Fernandez failed to address the violation and let his appeal period expire.

The letter also states that Fernandez needed new demolition permit in order to submit an application for a new structure. On Jan. 2, Fernandez applied for a building permit for a new 200-foot L-shaped wall but was denied the application because city staff deemed it a permanent structure which would require a special use permit for a semi-public use from the City Council, said Community Development Director Elizabeth Via.

Fernandez said he plans on applying for the special use permit in June and has no intention of bringing down the wall before a more permanent structure is approved by council and funding is identified by the community.

“They can bring me to court, they can punish me any way they want but I am not going to remove the wall, that is not my intention,” Fernandez said.

On top of the building code violation, the May 15 letter mentions a zoning ordinance violation for trash and debris. Fernandez accepted delivery of the notice on Nov. 23, according to the letter.

A re-inspection was done in December and this week and was found to still be in violation.

Staff writer Kipp Hanley can be reached at 703-369-5738.