REPORT TO THE BUILDING STANDARDS APPEALS BOARD August 10, 2026 FROM: ANDREW JANZ, City Attorney Office of the City Attorney BY: Calvin Massey, Deputy City Attorney Office of the City Attorney SUBJECT ..Title Actions pertaining to Fresno Code Enforcement case number E25-13830, concerning 3436 N Virginia Lane, the Notice and Order issued on November 5, 2025, and the Citation issued March 24, 2026: 1. PROGRESS HEARING on the Appeal of the Notice and Order, and Citation, Confirmed June 16, 2026. 2. Take one of the following actions: 1) DETERMINE Appellants HAVE NOT made substantial progress towards correcting the outstanding violations from the Notice and Order issued on November 5, 2025, and the Citation issued March 24, 2026, and ORDER payment of double the fines, as well as all allowable costs and fees; OR 2) DETERMINE Appellants HAVE made substantial progress towards correcting the outstanding violations from the Notice and Order issued on November 5, 2025, and the Citation issued March 24, 2026, and CONTINUE the hearing to a later date; OR 3) DETERMINE Appellants have FULLY corrected outstanding violations from the Notice and Order issued on November 5, 2025, and the Citation issued March 24, 2026. ...Body RECOMMENDATION Staff will make a recommendation at the Progress Hearing based on the latest available information on correction status of the outstanding violations. EXECUTIVE SUMMARY On June 16, 2026, the Building Standards Appeal Board (BSAB) held a hearing regarding a Notice and Order issued November 5, 2025, and Citation issued March 24, 2026, and confirmed the two violations as listed in both Notice and Order and Citation. On October 1, 2025, case E25-13830 was opened after a complaint was received regarding unpermitted construction during the night. An inspection occurred on October 16, 2025, and a Notice and Order was issued for two violations on November 5, 2025: 1. Addition of a wall without plans, permits, and inspections; and 2. The house is being remodeled without the required plans, permits, and inspections. The Property Owner appealed the Notice and Order, and the City attempted to work with him on coming into compliance. After two attempted inspections by Building and Safety, the inspector issued a citation on March 24, 2026. BACKGROUND The BSAB was established by Resolution number 2025-149 passed May 22, 2025, in order to hear various appeals, including Code Enforcement appeals related to building standards under FMC Chapter 11, Articles 3 and 4. To perform this duty, the BSAB must review the Appeal Form received by the appellant, any other information provided by the appellant, the staff report, and all attachments. Pursuant to FMC section 1-408, the scope of the hearing "shall be limited to the order, citation, decision, or determination being appealed, the grounds for relief raised in the notice of appeal, and any specific requirements of this Code." (FMC � 1-408(e).) The BSAB may admit any relevant evidence, "if it is the type of evidence on which responsible persons are accustomed to relay on in the conduct of serious affairs," and "hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions." (FMC � 1-408(d)(3).) If the BSAB finds that any of the violations set forth in the appealed notice or citation is continuing and remains as of the time of the hearing, the determination must include an order for the Appellant to correct the violations within thirty days, and a progress hearing must be set to occur thirty to sixty days later. (FMC � 1-409(f).) Summary of Facts On October 1, 2025, a complaint was received regarding unpermitted construction and night-time construction work at the property located at 3246 Virginia Lane (Property). On October 2, 2025, Community Revitalization Specialist (CRS) Henderson went to the property and left his card with a woman at the house. On October 9, 2025, CRS Henderson spoke with the property owner James Molina on the phone regarding the complaint. At this time Mr. Molina denied any construction and requested a call back to schedule an inspection. (Appeal Packet pg. 3) An inspection occurred on October 16, 2025. Photos were taken and the results found two violations involving unpermitted construction. A wall was added that closed off entryway to the third bedroom with no plans, permits, or inspections, and the inspection revealed the house is being remodeled without plans, permits, and inspections. (FMC 11-103.11-307, 11-310; Cal. Residential Code R105.1, R106.1, R 109.1) (Appeal Packet pg.3) On November 5, 2025, a Notice and Order was issued to Mr. Molina, and he was given until November 24, 2025, to correct the violations. On November 25, 2025, CRS Henderson checked public records, and no permits were issued to the property. On December 5, 2025, CRS Henderson called James Molina asking for an update, but he was unable to reach Mr. Molina on this day. (Appeal Packet pg.3) On January 8, 2026, a meeting was held in response to Mr. Molina's appeal with Mr. Molina, his cousin Catarino Prado, Planning Assistant Director Ashley Atkinson, Licensed Engineer Manager Eric Frampton, Assistant City Attorney Christina Roberson, Housing Program Supervisor John Giannetta, and CRS Henderson. During the meeting, Eric Frampton suggested that a Miscellaneous Consultation be conducted by the Building Department. The consultation was offered as a collaborative solution to determine what permits would be required and provide the owner with a list of the permits needed. The inspection was set for January 26, 2026. (Appeal Packet pg.3) On January 26, 2026, the Miscellaneous Inspection did not occur. CRS Henderson called Mr. Molina, and Mr. Molina said it would be rescheduled by Mr. Prado, his cousin living at the property. CRS Henderson reviewed Building and Planning notes on February 9, 2026, and found the inspection had been canceled. (Appeal Packet pg. 4). On February 20, 2026, Mr. Prado called to say that the inspector did not show up and that Prado had taken the day off for the inspection. Prado stated that a new inspection would be set (Appeal Packet pg.3; see also Building and Planning Notes pg. 65). On February 24, 2026, CRS Henderson received a voicemail stating: "Hello, this message is for Derek. Derek, this is Catarino regarding the Virginia property, case number E25-13830. We just got a new date of March 23 with Robert Fisher, he was the one who scheduled the appointment and that's for 8:00 a.m., rescheduling. If you have any questions, feel free to give me a call. [REDACTED PHONE NUMBER]. Thank you, bye bye." (See Transcript of Catarino Prado pg. 60) On March 3, 2026, a new inspection was scheduled for March 23, 2026. On March 24, 2026, CRS Henderson checked the building system to see the status of progress, and saw that the inspection did not occur and Building & Planning notes stated the Building department reached out to Catarino at 8:44am and he left for work due to "no prior forewarning" confirmation to the 8:00am scheduled appointment with the building inspector. Furthermore, no building permits had been pulled. The building inspector called at 8:54 but was informed the resident of the house Mr. Catarino Prado had left due to "no prior forewarning confirmation (Appeal Packet pg.3; see also Building and Planning Notes pg. 65) On March 24, 2026, CRS Henderson issued a citation with two violations for unpermitted construction, and Mr. Molina subsequently appealed. On June 16, 2026, the BSAB confirmed both Violations in both Notice And Order, and Citation. Inspector Henderson will check the City permit records prior to the August 18, 2026, hearing, and review the case file and any and all contacts with property owner. ENVIRONMENTAL FINDINGS. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, the Commission's consideration of the Application is not a CEQA "project". LOCAL PREFERENCE Not applicable. FISCAL IMPACT Not applicable. Attachments: Code Enforcement Appeal Packet from June 16, 2026 Progress Hearing Findings Matrix Progress Hearing Presentation Page 2 of 2 728917v1