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Board rules notice of violation properly issued for 2781 West Jet Road; owner’s appeal denied

March 06, 2025 | San Antonio, Bexar County, Texas


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Board rules notice of violation properly issued for 2781 West Jet Road; owner’s appeal denied
The San Antonio Building Standards Board on March 6 rejected an appeal by property owner Philip M. Ross and determined staff properly issued a notice of violation for a deteriorated fence at 2781 West Jet Road, voting 5–0.

Joshua Martinez, code enforcement supervisor for the Development Services Department, presented the inspection history and photographs. Martinez said a first inspection was conducted Jan. 16, 2025; a follow‑up inspection and posting occurred Jan. 24, 2025 (the notice was posted at the property on that date). Staff later mailed the notice by certified mail and sent an email copy to the owner; Development Services staff reported the certified mail was claimed on Feb. 18 and an email with the notice was sent Feb. 14. Judy Croom of Development Services confirmed the owner’s appeal was received by the department on Feb. 12, 2025.

The notice cited San Antonio Property Maintenance Code section 302.7 (fences) and alleged the fence was out of vertical alignment more than 15 degrees, had rotted slats and used inappropriate materials. Martinez presented a series of photos showing leaning sections, rotted slats and plywood/metal patching. Staff recommended repair with appropriate materials.

Owner Philip M. Ross — who identified himself as owner and described the structure as a "junk art wall" with a long history on the site — argued at length that (1) portions of the disputed fence are in the city right‑of‑way or on other property and thus not his responsibility, (2) the enforcement began after anonymous complaints and targeted his artistic expression, and (3) he had documentation showing earlier city condemnation records and other deeds and surveys. Ross asked the board to find the notice invalid because, he said, it alleged a violation on property he does not own.

Board members and legal staff repeatedly narrowed the scope of the hearing to a single question: whether Development Services followed required notice procedures and properly served and posted the notice of violation for the fence. Legal staff and code officers advised the board that the appeal process requires a brief statement of the reason for appeal and that staff had taken the required steps (inspection, posting, certified mailing and email) after confirming nonconforming rights were not on file.

Anne Weiner moved that the board find the notice of violation for 2781 West Jet Road properly issued under SAPMC 302.7. The motion was seconded and approved by roll call, 5–0. The board’s order leaves any further dispute about property lines, ownership of specific portions of the right‑of‑way, or constitutional claims to be pursued separately through administrative review or the courts.

Ending: The board’s ruling affirms that Development Services followed posting, mailing and email procedures for the notice; the owner retains the right to pursue legal remedies or administrative appeals outside the Building Standards Board process.

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