KINGMAN – City Building Official Dave Hattrick issued a written notice to Vice Mayor Tom Spear to file for a building permit for modifications made to the Best Western Kings Inn in 2004 or to demolish them.
Hattrick said the notice is standard procedure when the building department learns that construction occurred without the necessary permits. He informed Spear on Thursday that the department had no record of any permits issued for the alterations that took place between November 2003 and February 2004.
Hattrick viewed the modifications from the ground, which he said were two pillars and the extension of the roof over a balcony on Room 240. The room is part of a wrongful death lawsuit against Spear and numerous contractors.
Spear, who owns the hotel, said he would file for any necessary permits and failed to do so before because of oversight.
“It was a small project and I’m not sure I was aware that a building permit was needed at the time,” he said. “However, I’ve been made painfully aware of that since that time and I do plan to comply.”
Hattrick was not a building official at the time the construction took place and does not know why the city did not pursue the permit.
Since he became aware of the issue, Hattrick said he has met with the city’s legal counsel regarding issuing the permit now that the city is involved in the lawsuit.
“It was not clear to us if it mixed into the existing case,” he said. “We were awaiting the direction of the judge.
“There was no evidence of this notice being given before.”
Spear has until May 5 to file for the permits or remove the modifications. He would then have 30 days to comply with any actions required by the permit. Spear would be required to pay the standard fees for any permits but would not be charged additional penalties, Hattrick said.
Anyone failing to comply with such a request would be charged with a misdemeanor punishable up to $2,500 and six months in jail. The fine could be levied daily.
Hattrick said failing to file for permits is a common problem, but the city rarely uses the code as a punitive measure.
“It’s a performance code,” he said. “It’s not a criminal code.”