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Case: T20DV01948

Parcel: 108210130


Addresses:

1441 E PROSPECT LN

Inspection Status: Approved

Inspection History: INSP - FOLLOW UP CODE ENFORCE

Date Description Inspector Results Comments
07/27/2021 INSP - FOLLOW UP CODE ENFORCE Approved IN COURT TODAY, COMPLIANCE HEARING SET FOR JANUARY 11, 2021 @ 10:00 AM.
COURT MINS AS FOLLOWS;
ALL PARTIES PRESENT, INCLUDING MR. TREVILLYAN. WE ALL DISCUSS THE WAY FORWARD AND REVIEW EXHIBITS A AND B THAT MR. ABERNATHY PRESENTS. MR. ABERNATHY WILL SUBMIT THE AS BUILT PLANS EXHIBIT B WITH A STRUCTURAL ENGINEER STAMP FOR THE PERMIT PROCESS. MR. TREVILLYAN WILL PERSONALLY REVIEW THE SUBMITTAL AND WORK WITH MR. ABERNATHY ON THIS PROJECT. THE CITY WILL REVIEW THIS AS A REMODEL NOT AS NEW BUILT, SO THE NEW BUILT FEES WILL NOT BE APPLIED. THE CITY WILL REVIEW TO ENSURE THE NEW WORK THAT WAS DONE MEETS CURRENT CODE. THE CITY WILL NOT REQUIRE INVASIVE/DESTRUCTIVE MEASURES TO EVALUATE THE STEEL BEAMS IF THE STRUCTURAL ENGINEER STAMPS APPROVAL. PORTIONS OF WALL MAY NEED TO BE EXPOSED TO SEE THE WIRING, BUT MR. ABERNATHY HAS PICTURES ALSO THAT HE WILL SUBMIT THAT MAY ALLEVIATE THAT NECESSITY. MR. TREVILLYAN WILL DETERMINE THIS WORKING WITH MR. ABERNATHY.
ORDERS:
1. COURT FINDS MR. ABERNATHY "RESPONSIBLE" FOR THE CHARGES, BUT DUE TO MITIGATING FACTORS ASSESSES NO FINES.
2. THIS HEARING IS CONTINUED TO THE DATE ABOVE FOR A REVIEW IF NECESSARY.
05/04/2021 INSP - FOLLOW UP CODE ENFORCE Approved HEARING WAS HELD DEFENDANT PRESENT, NO ATTORNEY.
DEFENDANT CONTINUES WITH THE SAME TESTIMONY AS THE WORK CONDUCED WAS MAINTENANCE AND FEELS THE SCOPE OF WORK DOESN'T NOT REQUIRE A PERMIT. HE STANDS STRONG THAT HIS POWER WAS TURN ON UNDER A PERMIT AND ALSO HIS GAS SERVICE AND FEELS THE CODE ENFORCEMENT IS REQUIRING MORE THAN SHOULD BE REQUIRED. THE DEFENDANT PROVIDES MIS INFORMATION ALONG WITH PERSONAL HISTORY, WHICH HAS NO BEARING ON THE CURRENT CASE WITH THE FOLLOWING CHARGES.
" TC 16-4: WORK WITH OUT PERMITS FOR STRUCTURAL, ELECTRICAL. MECHANICAL AND PLUMBING.
" TC 16-40 B: REMOVING THE FENCE WITH OUT CITY APPROVALS
THE DEFENDANT DID STATED HE DID VIOLATE THE STOP WORK ORDER
THE DEFENDANT STATED HE NEVER RECEIVED THE BUILDING OFFICIALS LETTER DATED MARCH 1, 2021. A COPY OF THE LETTER WAS GIVEN TO HIM IN COURT.
HE STATED HE IS WILLING TO SUBMIT AS BUILT PLANS.

MY TESTIMONY INCLUDED THE FOLLOWING:
4-17-2020 STOP WORK ORDER AND ALL THE UNPERMITTED WORK THAT WAS IDENTIFIED.
4-23-2020 2ND STOP WORK ORDER AND THIS INSPECTION WAS CONDUCTED VIA ADMINISTRATIVE WARRANT AND ALL UNPERMITTED WORK THAT WAS IDENTIFIED.
EVIDENCE PRESENTED FROM THE CITY OF TUCSON WAS: PHOTOS, THE BUILDING OFFICIALS LETTER AND OTHER DOCUMENTS
DUE TO THE HESITANCY AND UNWILLINGNESS TO FOLLOW THE CITY OF TUCSON'S INSTRUCTIONS VIA THE STOP WORK ORDER AND FAILURE TO SEEK OUT THE BUILDING OFFICIAL TO DISCUSS THE LETTER DRAFTED ON 3-01-2021. MY RECOMMENDATION TO THE COURT WERE AS FOLLOWS:
OBTAIN THE SERVICES OF A GENERAL CONTRACTOR
A STRUCTURAL ENGINEER IS REQUIRED DUE TO STEEL BEAM AND STEEL WINDOW AND DOOR OPENINGS, CONCERNS ARE THIS WORK WAS DONE WITHOUT A REVIEW OF PLANS AND LOAD CALCULATIONS.
FULL SET OF PLANS REQUIRED.
I ALSO ADVISED THE COURT THAT IM AVAILABLE TO MEET WITH CONTRACTOR
I DID ASKED THE COURT TO SUMMON THE BUILDING OFFICIAL DUE TO PLANS REQUIRED FOR NEXT HEARING.
11/17/2020 INSP - FOLLOW UP CODE ENFORCE Approved ON 11/17/2020
WE HAD A NON-CONTESTED HEARING DUE TO AUDIO AND ELECTRICAL DEVICES ARE INOPERABLE. MR. AND MRS. ABERNATHY WERE PRESENT. I, INSPECTOR VALDEZ WAS PRESENT FOR THE CITY.
THE JUDGE ASKED FOR A REPORT ON THIS CASE. I STATED THAT A PERMIT WAS AND HASN'T BEEN ISSUED FOR THE SCOPE OF WORK IDENTIFIED ON 4-17-2020 AND 4-23-2020. I ALSO STATED GAVE TESTIMONY ON ALL CHAIN OF EVENTS NOTED ABOVE.
MR. ABERNATHY GAVE IRRELEVANT TESTIMONY TO THE COURTS ON WHY HE FEELS A HE DWELLING IS SAFE AND WELL-CONSTRUCTED AND A PERMIT ISN'T REQUIRED ESPECIALLY SINCE PDSD ISSUED A RECONNECT PERMIT AND THE DWELLING WAS ENERGIZED BY TEP ALONG WITH THE GAS SERVICE TURNED ON BY SWG. MR. ABERNATHY STATED HE DOES OCCUPY THE DWELLING. HE ALSO STATED HE HAS 30 PERMIT SUBMITTALS. HE COMPLAINS ABOUT THE GOVERNMENT PROCESS, DELAYS AND BRING PERSONAL EMOTIONS WITH MISDIRECTION ON TOPICS THAT ARE NOT RELEVANT TO THE CASE. THIS INFORMAL PROCESS TOOK 2 HOURS. THE JUDGE SET A HEARING FOR MARCH 16, 2021 WHERE EACH PARTY SHALL HAVE 45 MINUTES TO PRESENT THEIR CASE AND AT THE END OF THAT PROCESS THERE SHALL BE A RULING.
11/05/2020 INSP - FOLLOW UP CODE ENFORCE Approved ELECTRICAL RECONNECT T20CM03807 6-26-2020 POWER IS ON.
06/04/2020 INSP - FOLLOW UP CODE ENFORCE Approved ON SITE; ONLY DROVE BY WITH VIDEO AND TOOK SCREENSHOTS FROM VIDEO, DID NOT STOP AT PROPERTY. ALL WORK HAS CONTINUED ON OUTSIDE OF DWELLING, WALLS FINISHED FROM DRYWALL STATE, PAINTED, ALL NEW AND EXISTING WOOD SURFACES PAINTED, POSTINGS AND FENCE PANELS HAVE BEEN REMOVED. NO PERMITS FOUND IN PPLUS. WILL ISSUED COURT CITATION FOR NON COMPLIANCE OF STOP WORK ORDER AND NOTICE OF VIOLATION TO OBTAIN PROPER PERMITS FOR WORK BEING DONE.
04/23/2020 INSP - FOLLOW UP CODE ENFORCE Approved ON SITE INSPECTION: PRESENT WERE THE OWNER AND POLICE, THE WARRANT WAS SERVED AND ACCESS WAS GAINED BY CUTTING THE WIRE TO THE TEMPORARY FENCE PANELS. CODE ENFORCEMENT ENTER AND FOUND MULTIPLE ROMEX WIRING CUT ALONG WITH SMALLER TYPE OF PANELS AND JUNCTIONS BOXES.
THERE IS 12 NEW ROXEX CABLES INSIDE THE MAIN DISCONNECT, THERE IS ALSO A GAS 11/4 GAS LINE IN FRONT OF THE DISCONNECT. THE ADJACENT PANEL HAS A NEW PVC CONDUIT RUN AND ONE EMT RUN WITH WRING INSIDE.
INTERIOR INSPECTION FOUND THE BUILDING WITH NO DOORS AND ACCESSIBLE TO ANYONE ON THE GROUNDS, THE WALLS AND CEILING HAVE NEW SHEET ROCK IN ALL ROOMS IN THE LOWER SECTION OF THE DWELLING. AREAS IDENTIFIED AS MAIN ROOM, KITCHEN, STORAGE, LAUNDRY ROOM, TWO FULL BATHROOMS, CLOSETS, BOTH BEDROOMS AND HALL WAYS HAVE NEW ELECTRICAL PLASTIC BOXES WITH WIRING. NEW MECHANICAL DUCTS WITH EXHAUST FANS, PLUMBING AS FAR AS NEW COPPER WATER SUPPLY STUB OUTS, NEW ABS DRAIN WASTE PIPING. THERE IS A METAL I BEAM WITH SPANS THE LENGTH OF THE HOME, IT APPEARS ITS SUPPORTING THE SECOND STORY LOAD. THERE A METAL I BEAM AND POSTS SUPPORTING AN UNFINISHED ENTRANCE. INSIDE THE MASTER CLOSET THERE IS A 3.5 FOOT X 3.5 FOOT X 5 FOOT HOLE, THIS HOLE IS FINISHED IN CONCRETE WITH A UNSECURED PIECE OF PLYWOOD OVER THE HOLE. THE STAIRWAY TO THE SECOND STORY IS OF METAL CONSTRUCTION WITH NO GUARD OR RAIL. THE MAIN ROOM HAS 2 NEW LARGE WINDOW DIMENSIONED AT 5' X 7'
EXTERIOR OF THE DWELLING HAS MULTIPLE NEW WINDOWS ONE WINDOW IS LAGER THAN THE HEADER. SOME OF THE OPENINGS ARE BEING COVERED,
THE EXTERIOR WALLS ON THE NORTH AND WEST SIDE OF THE DWELLING HAVE FOAM PAD WITH WIRE READY FOR MUD.
THE EXISTING PORCH HAS NE 6X6 POSTED AND WHAT MAY BE A NEW 6X6 BEAM.
THE REAR ATTACHED PORCH IS ALL NEW CONSTRUCTION WITH GLULAM BEAMS, RAFTER WITH DECKING.
THIS WORK DOES REQUIRED A CONSTRUCTIONS PLANS, PERMITS AND INSPECTIONS BY THE CITY OF TUCSON. PHOTOS WERE TAKEN OF ALL THE CONSTRUCTION.
SUPERVISOR APPROVED TEP TO DISCONNECT POWER AND TO HAVE A FENCE ERECTED DUE TO VIOLATION OF THE PREVIOUS STOP WORK ORDER ISSUED ON 4-17-2020.
04/23/2020 INSP - FOLLOW UP CODE ENFORCE Approved On site with CE inspector JValdez, TPD officers, P.Hould and R. Pope along with 2 other officers to execute the warrant obtained by SBermudez to conduct an interior inspection of 1441 E Prospect Ln. JValdez explains to property owner Clayton while TPD present that the warrant obtained by the City stipulates that the City of Tucson's CE inspectors have authority to enter the property to conduct the following; Inspect and determine if the dwelling is in a safe state, provide the City of Tucson Building Official with detail on work being done without permits, contractor work was not able to be identified. Properly post the Stop Work Order on the dwelling. Take any action necessary to make the dwelling safe accordance with City Code. Previous stop work order was posted on 4-17-2020 and was violated. Additional work identified per warrant are as follows; building construction, new electrical work, new plumbing work (ie. Gas lines), new mechanical work. CE issued a Zero days to comply NOV for all work to cease, power was disconnected by TEP, dwelling will be secured by perimeter fence (city contractor Biff baker) permit for all work above to be