REPORT TO THE BUILDING STANDARDS APPEALS BOARD
June 2, 2026
FROM: ANDREW JANZ, City Attorney
Office of the City Attorney
BY: SARAH A. PAPAZIAN, Senior Deputy City Attorney
Office of the City Attorney
SUBJECT
Title
Actions pertaining to Fresno Code Enforcement case number E23-01585, concerning 4816 E. Fillmore Ave., and the First Administrative Citation issued on December 17, 2025:
1. PROGRESS HEARING on the Appeal of the First Administrative Citation.
2. Take one of the following actions:
i. DETERMINE Appellants HAVE NOT made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued December 17, 2025, and ORDER payment of double the fines, as well as all allowable costs and fees; OR
ii. DETERMINE Appellants HAVE made substantial progress towards correcting the outstanding violations from the First Administrative Citation issued December 17, 2025, and CONTINUE the hearing to a later date; OR
iii. DETERMINE Appellants have FULLY corrected outstanding violations from the First Administrative Citation issued December 17, 2025.
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RECOMMENDATION
Staff will make a recommendation at the Progress Hearing based on the latest available information on correction status of violations.
EXECUTIVE SUMMARY
On April 7, 2026, the BSAB held a hearing regarding a First Administrative Citation issued December 17, 2025, in case E23-01585 pertaining to 4816 E. Fillmore Ave. (the Property). The BSAB determined that the violations were present at the time the Citation was issued, and remained uncorrected, necessitating a progress hearing to be set.
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).) The City has the burden of proof and production of evidence, and the burden of proof shall be preponderance of the evidence. (FMC § 1-408(f).) Preponderance of the evidence means the evidence shows a fact is more likely true than not true, or over a 50% probability.
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).)
Progress hearing procedures and requirements are found in FMC section 1-409(f). At the progress hearing, if the BSAB finds all violations are fully corrected, then matter is closed. If the BSAB finds Appellants have made substantial progress but have not been able to complete corrections for reasons beyond their control, the hearing is continued to a later date. If the BSAB finds Appellants have not made substantial progress, they must order payment of double the maximum fines permitted in the FMC, as well as all allowable costs and fees.
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
Exhibit A - Appeal Packet
Exhibit B - Staff Report
Exhibit C - Findings Matrix
Exhibit D - Presentation