Agda Pkt 2026.05.04 Special Council Meeting

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permit does not expire when work is suspended by legal proceedings or administrative action outside the permit holder’s control. The request stated that the permits “have been blocked by Engineering, following the reversal of the agreement reached on July 24, 2024,” and that Respondents had “been prevented from exercising my rights under the permits through no fault of my own.” September 29, 2025. Respondents reiterated and escalated to Code Enforcement, asking expressly to (a) hold enforcement in abeyance, (b) reinstate and extend the permits with plan-review timelines tolled, and (c) confirm in writing that no citation would issue. October 17, 2025. Senior Building Inspector Johnny Gusman denied the request: “I regret to inform you that the city will not be able to pause the resumption of the citation process.” Gusman gave a two- week ultimatum: “If response to comments is not satisfied and the permits are not issued by end of day on October 31, 2025, citations and fees will be issued the following business day.” Critically, Mr. Gusman also wrote: “Once the permits are issued, enforcement will be suspended.” The City has acknowledged in writing that issued permits resolve Violation 1. October 20, 2025. Respondents filed a formal appeal cc’d to the Council group, the Mayor, the City Attorney’s office, and the City Clerk. March 24, 2026. The City issued the Amended Citation. The Amended Citation characterizes Permits ADU22-0064 and C22-0027 as “expired” and predicates the violation on Respondents’ failure to “reinstate” them by October 13, 2025. The City created the condition it now enforces. A two-week ultimatum issued in October 2025, on a project that had already been in plan check for thirty-five months, after the City had repudiated multiple prior agreements with Respondents, was not a meaningful opportunity to comply. It was a pretext for the citation that issued four months later. 6.A. - Page 27 of 64 29