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Board affirms citation over unpermitted HVAC work at Fillmore property
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Summary
After staff presented photographs and permit searches showing rooftop HVAC units installed without finalized permits, the board confirmed a first administrative citation for the Fillmore property; appellants argued inspections lacked consent and cited HERS and permit delays.
The Building Standards Appeals Board voted to confirm a first administrative citation tied to a multi-unit property identified in staff materials as 4816 East Fillmore after staff described unpermitted HVAC work and abandoned permits.
City staff told the board that inspector Brad Morgan identified five violations linked to rooftop HVAC replacements without finalized permits across three separate buildings, expired/abandoned permits related to a carport, and an unfinalized permit for an HVAC unit in Apartment 102. Staff said the case opened in 2023, multiple extensions were granted, and a reinspection before the December citation found the alleged violations remained uncorrected. "We recommend that the board confirm the first administrative citation," staff counsel said.
Appellants' counsel Michael Titus argued some inspections lacked the required consent and pointed to prior proceedings, saying a previous citation had been dismissed after an earlier appeal. He cited delays tied to scheduling third-party HERS inspections and to the time needed to obtain plans from outside architects; he submitted a declaration from the appellants' authorized agent, Bryce (name appears with inconsistent spellings in the record), saying the ownership group was actively working to obtain permits and complete the work.
Staff rebutted that the lengthy period since the notice and order favored the city’s position, that many violations are visible from the public right of way, that permit records do not corroborate appellant claims, and that a progress-hearing mechanism exists if the board finds violations remain uncorrected. Board members discussed whether an inspection visible from the street requires tenant consent and noted that only one permit (referencing Unit 102) had been pulled in 2023; staff said a batch of permit applications (about 15) had been submitted in the week before the hearing.
After deliberation, the board selected the option to confirm the citation in its entirety and voted to do so. The board’s confirmation triggers the city’s progress-hearing procedure to allow time for correction before additional penalties are applied. The staff packet identifies the property as 4816 East Fillmore, while an appellant declaration lists 4186 East Fillmore; the record contains that discrepancy.
The board did not make findings about alleged unlawful inspections beyond noting the parties' conflicting accounts; the city indicated a progress hearing may be used to monitor compliance.
