Agda Pkt 2026.05.04 Special Council Meeting

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Request: 1. Hold any code enforcement and citation in abeyance pending resolution of the title claim and Engineering dispute. 2. Reinstate or extend both permits through the conclusion of that process, with plan review timelines tolled. 3. Confirm in writing that no administrative citation will issue on October 13, 2025 while counsel is engaged.” Exhibit XX — Johnny Gusman (Senior Building Inspector / Code Enforcement Supervisor) to Stephen Burns October 17, 2025 — Denial of Permit Extension Issue. This is the City’s formal denial of Respondents’ written § 105.5 extension request. The denial came from the Senior Building Inspector / Code Enforcement Supervisor — the same official who would later sign the citation. Mr. Gusman gave Respondents a two-week ultimatum: issue the permits by October 31, 2025 (an impossibility on a project that had been in plan check for thirty-five months) or face citation. Significance. This single email is the most important document in the record on impossibility of compliance. Three things on its face: (1) the City refused to extend the permits despite the express § 105.5 invocation; (2) the City demanded the permits be issued within fourteen days, not merely resubmitted, on a project that had already been in plan check for nearly three years; and (3) the City conceded in writing that “Once the permits are issued, enforcement will be suspended.” That last admission is dispositive: the City has acknowledged that issued permits resolve Violation 1. The remedy in this brief — open the permits, complete plan check, allow the corrective work — is exactly the resolution Mr. Gusman himself identified six months ago. The Amended Citation of March 24, 2026 then characterizes the very permits the City refused to extend as “expired” and faults Respondents for failing to “reinstate” them. 6.A. - Page 61 of 64 63