IRVINE : Family Seeking Delay on Razing of Home

A Superior Court judge on Wednesday agreed to rule next month on a request by the Ganish family to delay the planned demolition of their castle-like home until a court decides whether Irvine’s public-nuisance laws are constitutional.

The move comes a week after the City Council declared the Kron Street home a public nuisance. The council said that exposed wires and debris inside the unfinished structure make it a fire hazard.

The council gave Fern and Haym Ganish until October to meet city codes or the city would tear it down.

But the Ganishes’ attorney, Robert Sainburg, contends that the city’s nuisance law is “unconstitutionally vague and over-broad.”

Sainburg said he will ask Superior Court Judge Nancy Wieben Stock at an Aug. 18 hearing to temporarily halt the demolition proceedings until the court rules on the constitutionality of the laws.

If the city’s nuisance rules are struck down, the city might eventually be forced to write new laws, Sainburg said.

Deputy City Attorney Patrick Munoz said Wednesday he is “confident that the judge will rule in our favor.”

The Ganishes began transforming their ranch-style home into a two-story mansion with rock facade more than 12 years ago. The remodeling work is still not completed. The Ganishes continue to live in the home even though the interior lacks drywall, ceiling materials, plumbing and proper electrical wiring.

City code inspectors and county fire officials said the exposed wires could spark a blaze.

The city has pressed the Ganishes for years to complete construction. Fern Ganish said work has been stalled in part because of her husband’s poor health.

Sainburg said the Ganishes are willing to discuss the issues with city officials. He objected to the city’s demand that any visits to the home by building inspectors be videotaped.

“We don’t want to make a circus out of this with videotape,” Sainburg said.

Munoz said the city wants the video recording so that “we have an absolutely accurate record of what occurred.”