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Commission upholds notice of violation after inspector’s temperature tests show HVAC deficiency at Summer Creek duplex

October 08, 2025 | Austin, Travis County, Texas


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Commission upholds notice of violation after inspector’s temperature tests show HVAC deficiency at Summer Creek duplex
Austin Development Services inspectors confirmed a defect in an air‑conditioning system at Unit B of the duplex at 1501 Summer Creek Drive in a July 2025 inspection, and the Building and Standards Commission on Oct. 8 denied the owner’s appeal of a resulting notice of violation.

Inspector Juan Villarreal testified he set the thermostat to 75°F and measured intake and output vent temperatures; the intake read 77°F and the output read up to 83°F, producing a negative delta‑T (intake minus output) that he said was below the compliance threshold used by ADS. Villarreal told the commission he issued the notice after confirming the HVAC system was not holding the desired temperature; the tenant later reported that the owner’s maintenance team had addressed the problem and the city closed the case as voluntary compliance on July 29, 2025.

Property manager Guillermo Hernandez and owner Shane (surname provided on record) told the commission the tenant had not followed the lease’s written repair‑request process and had contacted 311 instead of reaching the landlord by phone. Hernandez said the tenant had not provided written notice as required by the lease, and that the property manager was responsive when contacted. Owner Shane said the property has been family‑owned for more than 30 years and asked the commission to weigh the credibility of the tenant’s account; he and Hernandez requested that the notice be set aside as incorrect.

Commissioners denied the appeal, finding the inspector’s measurements and the initial inspection supported the notice of violation. The chair noted that the case was resolved after repairs were made and that no civil penalty had been imposed; the owner was not exposed to any fine at the hearing. The vote to deny the appeal and adopt staff findings was 7–0.

The denial affirms the inspector’s authority to issue the notice based on on‑site measurements; staff will proceed according to ADS procedures and the owner may follow up with code compliance if they believe additional documentation is needed.

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Scribe from Workplace AI
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