County Housing Official Called Crook Inspector Approved Code Violations, Then Sold Home To Couple, Suit Says

FOR THE RECORD CLARIFICATION: A headline Monday implied building inspector Dave Silva has been accused of violating the law. Silva is under investigation for violating county policy. Clarification published on July 4, 1995.

Spokane County residents pay building inspector Dave Silva $41,000 a year to make sure dream homes like the Marlins’ are not lemons.

Not only did Silva squeeze the Valley family by approving shoddy workmanship, a lawsuit claims, but the inspector and his wife also sold Dave and Donlee Marlin the home - a conflict of interest that violates county policy.

County Commissioner Steve Hasson confirmed last week that Silva has been on paid leave of absence for 17 weeks while a prosecutor and county administrators investigate his conduct.

Silva, who asked to return to work pending the investigation’s outcome, has earned more than $13,000 while not working.

“I feel there’s grounds for termination,” Hasson said.

A county inspector for seven years and the shop steward for courthouse employees Local 1553, Silva said he’s being targeted for his union activity. He denies all wrongdoing and has hired Spokane attorney Richard Lewis to defend him.

Meanwhile, the county is in a difficult position. If it fires Silva, it effectively is admitting he behaved improperly, which would boost the Marlins’ lawsuit against the county.

The Marlins just want their new $145,000 home fixed.

The couple made a $34,000 down payment - using proceeds from the sale of another home and their entire savings - to buy their ultimate home. In February 1994, they and their two small children moved to the Ponderosa area off Dishman-Mica Road.

Their concrete driveway immediately began cracking and caving in, just like the huge hillside above their back yard. Their garage and basement flooded.

Excavation and construction professionals brought in to see the property confirmed what the Marlins dreaded: It flunks code.

A host of construction deficiencies should have been found by Silva, according to the Marlins’ civil lawsuit.

“It’s sad,” said Dave Marlin, a free-lance cameraman for “A Current Affair” and other national TV shows. “We’re suing the county taxpayers. What we’re basically doing is suing ourselves.”

“We’re just tired of getting screwed,” said Donlee Marlin.

“This was our dream home,” Dave Marlin said. “We wanted to raise our kids here. We wanted to retire here.”

The lawsuit names Silva and his wife, Eileen, both of whose names appear on the closing mortgage papers as sellers. In addition, the suit targets the county; builder Eugene Sykes and his wife, Nancy; Joe Michielli, a neighbor who at one time owned the Marlin lot and hired Sykes to build the home; his wife, Elena Michielli, the real estate agent who handled the home sale; and Elena’s employer, Roger Crane of Crane Realty.

The Marlins’ attorney, Michael Keyes, says the case is as convoluted as a soap opera plot.

“I have never seen such an egregious breach of public trust by a building inspector,” Keyes said.

Silva said he is as much a victim as the Marlins, and he blames Sykes, the builder.

Here’s how the whole mess started:

The Michiellis, who own Happy Kids Inc., a construction company, sold the Marlins’ lot to Sykes and Eileen Silva. They agreed to sell the completed home to the Marlins.

But while Sykes was building the house, he had no construction license. His license had lapsed in 1992, according to records of the Washington Department of Labor and Industries.

Sykes refused several requests for an interview.

Silva, the building inspector, said he never had a financial interest in the Marlins’ home. He signed the closing papers as seller, he said, to shield Sykes, a church friend, from an Internal Revenue Service lien.

Silva admits signing a final building inspection tag in December 1993, but only after another county inspector, Frank Calasopa, had signed one first. Silva said he signed the second inspection tag because Calasopa’s had been lost and he didn’t want to delay the Marlins’ purchase.

The plot deepens.

Hasson, in whose district the Marlins live, said Calasopa’s inspection tag was sent to a handwriting expert at the state crime lab and came back as a forgery. Hasson said Calasopa denies signing the tag.

Time sheets kept by the county indicate Calasopa was nowhere near the Marlins’ home on the day attributed to him by the inspection tag, Hasson said.

“It looks real incriminating,” Hasson said. “It sounds real damn funny to me.”

Silva said Calasopa, who did not return telephone calls, is lying. A handwriting expert hired by Silva said Calasopa did, in fact, sign the tag.

Silva said his reputation is being tarnished.

“My goodness, people are saying, ‘This guy is a crook.’ I’m here to say this is not true,” said Silva, referring questions to his attorney.

The union is standing behind Silva. “We’re confident that Mr. Silva is innocent,” said union representative Bill Keenan.

The county’s long investigation is near completion, said Building and Planning Director Jim Manson.

The county prohibits Building Department employees from inspecting property they or relatives have personal interests in, according to Hasson. They are briefed about the policy when they are hired, he said.

Manson said he sympathizes with the Marlins. But the Marlins’ attorney said they have been harassed by Manson and his assistant, Mark Holman. In March, the county sent the Marlins a letter demanding that code violations caused by Sykes be corrected.

The county also sent more inspectors to the Marlins’ house and demanded they obtain a mining permit before continuing to excavate their back yard to reduce flooding risks.

The Marlins’ co-counsel, Hazel Bergtholdt, warned building officials that repeated harassment would be met with a restraining order.

The Marlins already have a restraining order against their neighbor, Joe Michielli, who is accused of trespassing on the Marlin property and shouting insults. Michielli refused to comment.

, DataTimes ILLUSTRATION: Photo

MEMO: This sidebar appeared with the story: CONFLICT OF INTEREST CHARGES County building inspector Dave Silva has been on paid leave for 17 weeks while his conduct is investigated. Here’s why: A civil lawsuit filed by Dave and Donlee Marlin claims Silva approved shoddy workmanship for a Spokane Valley home that he sold to the Marlins - a conflict of interest that violates county policy. Excavation and construction experts confirm that the home flunks building code. In addition to Silva and his wife, Eileen, the Marlins’ suit names Spokane County; the home’s builder and his wife; a neighbor who once owned the Marlin lot; the real estate agent who handled the home sale; and Roger Crane of Crane Realty.