NEWPORT BEACH

Restaurateur Sid Soffer is challenging city officials to concede they erred in issuing the Blue Beet a notice of violation for allowing patrons on the restaurant’s roof. The notice was issued after officials became aware of the discrepancy in the original plans for the restaurant, which don’t authorize rooftop dining.

Soffer, who acts as an absentee landlord for the McFadden Square eatery from his home in Las Vegas, says the roof was always intended as a dining patio and that it was approved twice by the city. Steve Lewis, who along with his business partner runs the restaurant, could not be reached for comment. City officials said the restaurant has stopped allowing people to eat or drink on the upper deck, and that as long as that is the case, the Blue Beet is not in violation. The city’s position is that the roof was never approved as a dining area when the Blue Beet received its permit in 1986.