CHATSWORTH : Ruling Against Emu, Ostrich Farm Stands

Birds of a feather may not flock together at a controversial emu and ostrich farm in Chatsworth that the city has deemed a public nuisance.

The Los Angeles City Council acknowledged Tuesday that it had lost jurisdiction over the case because it had missed a legal deadline, making final the decision of a city zoning panel that last fall ordered the birds’ removal.

On Oct. 4, the Board of Zoning Appeals ordered David Mohilef to remove his 800 or so emus and ostriches, saying the big, flightless fowl have created a nuisance in the tony Monteria Estates neighborhood.

Several neighbors of the farm who attended Tuesday’s meeting crowed over the city’s now-final decision to shut the facility down.

“We’re very pleased with this decision,” said homeowner Vin Fichter. “Ostriches have no business being in this neighborhood at all.”

But Jay S. Bulmash, an attorney for Mohilef, said his client plans to sue the city within the next 10 days, alleging violation of his civil rights. Bulmash also accused critics of complaining about the farm just to feather their own nests.

“This is a case of political retribution by Councilman (Hal) Bernson and some of his wealthy supporters to get rid of Mr. Mohilef’s agricultural use and raise their own property values,” Bulmash said. The farm is in Bernson’s district.

It was Bulmash who first pointed out that the City Council had failed to take up Mohilef’s appeal of the zoning panel’s decision within 90 days of the last day to file an appeal, as city law requires. Because the last day to appeal was Nov. 7, Deputy City Atty. Jeri Burge said, the City Council should have acted by Feb. 6.

Bulmash said that he wanted the zoning panel’s decision to stand so that his client could quickly proceed to pursue his case in the courts.

The council’s announcement Tuesday capped a months-long battle between Danielle Michelle Farms and residents who complained that the farm is contaminating their neighborhood with odors, dust and airborne feathers.

Last July, a zoning official ordered Mohilef to reduce his flock to 195. When Mohilef appealed that decision, the Board of Zoning Appeals went even further, calling for all the birds to be removed.

The emu farm is unacceptable not only because it is a nuisance, the City Council’s Planning and Land Use Management Committee ruled Feb. 14, but also because it is a commercial venture on property zoned for agricultural purposes.

Bulmash contested this, saying that the farm is a private “aviary” where birds are raised for research and study purposes.

Bulmash said the lawsuit will allege that the city violated city law at the July meeting in several ways. First, the Board of Zoning Appeals listened to testimony from anti-farm activists even though, Bulmash said, new information cannot be introduced at such a hearing.

Second, the zoning board told Mohilef that no new information would be taken at the hearing, so Mohilef did not arrange for pro-farm testimonials, Bulmash said. And finally, the attorney said a letter that Bernson had written to the zoning board before its decision had cut off any possibility of a compromise in the case.

The farm’s neighbors said they are undaunted by the prospect of going up against their adversaries in court.

“We will try to be instrumental in opposing his petition” for a court order, Fichter said.

Bernson said he is confident that the city’s decision will be upheld. “It is clearly a commercial use,” he said. “We have lots of documentation.”