CITY PROBING MALL CONSTRUCTION; ADLER ONCE REPRESENTED BUILDER.

Byline: Patrick McGreevy Daily News Staff Writer

The Los Angeles Building and Safety Department has launched an internal investigation into how a developer was able to begin building a mini-mall even though the project does not comply with building and zoning codes, officials said.

The probe is focusing on a shopping center being constructed at 1705 N. Western Ave. in Hollywood by Charles Co., a developer who at one point was represented by attorney Scott Adler, the former president of the city Building and Safety Commission.

``It's under investigation,'' Ernest Herrera, chief investigator for the department, said Friday. ``As it stands today, it's not per building and zoning codes.''

Herrera cited the pending probe in refusing to say whether the investigation is looking at the role of city officials in checking and signing off on the project plans and building permits.

The Building and Safety Department has launched a wide-ranging investigation into whether department officials have acted properly in approving projects, according to Arthur Devine, the department's executive officer.

Devine refused to say whether the Western Avenue mini-mall is one of the projects being looked at in that broader investigation.

Herrera also refused to say whether the probe was related to an Los Angeles Police Department investigation into whether Adler had a conflict of interest between his role as head of the building commission and a lobbyist and attorney with clients battling building inspectors.

The City Attorney's Office ruled April 1 that Adler faced a disqualifying conflict when the developers decided in March to appeal a stop-work order on the project to the Building and Safety Commission.

Assistant City Attorney Tony Alperin later disqualified the entire commission from ruling on the appeal, saying Adler and other commissioners had discussed facts relevant to pending appeal.

Adler has denied any conflict of interest. He resigned from the commission May 30 at the request of Mayor Richard Riordan after he became the target of a criminal investigation surrounding the solicitation of a prostitute.

Adler has denied wrongdoing and no charges have been filed.

Representatives of Charles Co. could not be reached for comment Friday, and Adler did not return calls.

In a letter to the City Attorney's Office, the Building Commission Secretary said Adler's law firm had withdrawn from representing Charles Co.

The stop-work order said the construction project was found by inspectors to be inconsistent with building codes.

``Recent inspections of the job site at the above address and review of department records reveal discrepancies with the parking layout and the building setbacks,'' a city report said.

In addition, inspectors determined that the project required a zone change and fire sprinklers to be installed before a temporary certificate of occupancy could be issued.