Citations for decades-old garage conversions in South, East Austin could be dismissed

AUSTIN, Texas - Two weeks ago, more than a dozen homeowners in South Austin and East Austin were hit with code citations. The complaints filed are for garage conversions that most of the homeowners didn't do themselves.

After a few folks pushed back, code enforcement could possibly be getting rid of those citations.

Sean McGuire has been living in his home for more than 16 years. Austin Code Enforcement sent him a complaint violation letter two weeks ago, saying his garage conversion was not permitted. McGuire says when he bought the home, a city inspector checked it out and never mentioned that.

RELATED: Code department cracking down on decades-old garage conversions in South Austin

“This was done 40 years ago, it's not a safety issue, it's a money issue,” McGuire said to FOX 7 Austin at the time.

Dale Flatt, a retired Austin firefighter, then showed up at McGuire’s door the next day to let him and others know he found some flaws in city code.

“They sent notice of violations out to homeowners and said that it was their responsibility for work that was done 20 years ago and if they didn't go down and apply for the permit which could run you several hundred dollars then they would be drug into the court system and would face fines of two thousand dollars a day and have their utilities cut off which panicked a bunch of people so I told them they cannot prosecute you because the statute of limitations has passed," Flatt said.

RELATED: South Austin homeowners working together to fight code violations

After meeting with the Austin Code Department and the Development Services Department last Tuesday, Flatt had a separate meeting with Code on Friday to straighten out the details.

“Let's say I was converting my garage and I was in the middle of the work they could absolutely write me up but they can't come up like Sean and say 'wait a minute it looks like it was converted.' He says I didn't do anything I bought the house like this and they go 'oh it doesn't matter you're responsible,' that's simply not true," Flatt said. "They assured me, the folks at the permit office, these accounts would be flagged, they'd say timeout, these are all going away. They agreed there is a statute of limitations, and public safety is someone has enclosed a garage or window or second means of aggress it's important but they cannot prosecute that.”

The Austin Code Department gave this statement:

The number Austin Code refers to is the 29 citations code enforcement was reportedly closing, 14 on Green Forest Drive and 15 in another neighborhood on Palmera Cove. FOX 7 Austin has asked for clarification, but have not heard back.

Flatt says what's most important is they cannot go back past two years, which is the statute of limitations on a misdemeanor. Flatt says this goes for McGuire's case and several others.

“I don't think the inspector was malicious in his intent but I’ve been monitoring this division since 2009, they need to have better training,” Flatt said.