An RV carport controversy led to a three-hour hearing Wednesday night at West Sacramento's City Council meeting. 

It comes as one homeowner said the city is unfairly singling him out after he built a carport on his property to house his recreational vehicle without a city permit. 

Mark Reyes, the homeowner, says other neighbors have done the same thing and are not being held to the same standard. 

Reyes was issued a "stop work order" in January and a notice of abatement in February. 

"It was my dream. We just retired. I've had this motor home now for about four or five years. That's why I got it covered. I want to protect my asset here," Reyes told CBS Sacramento before the hearing. 

West Sacramento city leaders described this type of code enforcement as "reactive," meaning they do not drive around and look for violations. They only respond when there is a complaint. 

Reyes says his next-door neighbor, who he says he has a tense relationship with, filed a complaint against their carport structure not being permitted. 

"Do you feel like this is a nuisance to anyone around you?" I asked Reyes. 

"No, of course, not, of course. I spoke to my neighbors, they don't either. Except  for the one. So, yeah, no, I don't see it as a nuisance," said Reyes. 

The structure does not block the sidewalk, but according to city planning documents Reyes not only constructed it "without permits" but it violated the city's setback ordinances, which dictate how close a structure can be built to property lines or the sidewalk. 

One major goal of those ordinances is to make sure there is no obstruction to the view of those driving, walking or biking on the roadway. 

The city says the carport is both too close to the sidewalk and too tall to be in compliance with local ordinances. 

"I've been hopeful throughout this whole process, and I've been shot down each attempt," said Reyes. 

Reyes applied for a "variance" through the city which is essentially an exception to the zoning ordinance. 

The city's planning commission denied it. Wednesday night, the city council heard Reyes' appeal of that decision. 

"I'm urging the council to move forward in a positive way. Allow these carports to exist," Reyes said in his presentation to the council. 

Council members pointed out this could be unjust if the enforcement is singling out Reyes. 

In his presentation, Reyes showed photos to the council of other homes nearby that also appear to not be in compliance. 

"This selective enforcement is evident in Mr. Reyes' denial," said councilmember Norma Alcala on the planning commission's decision. 

Wednesday, the council ultimately decided to uphold the decision of the planning commission on Reyes' variance, meaning his appeal was denied and he will have to remove the carport. 

Several council members voiced concern that the rule was not being fairly applied across the board, but felt concerning the variance ruling their hands were tied in following the law as written. 

Reyes has already sunk around $20,000  into the project and recently also got a bill from the city's planning department for their services and time amounting to more than $7,400. 

Reyes says the enforcement is unfair and his intent was to challenge the city's setback ordinances.

"I mean, there's quite a few that are in the similar situation. If they make me tear it down, I think it's going to go against everybody else that has similar ones and make them tear it down too," Reyes said of other homeowners with non-compliant carports.

Alcala pointed out in her comments that she counted 17 carports in her neighborhood that butt right up to sidewalk, saying they likely were not in compliance. 

She pointed out changing the ordinance might be in the city's favor. 

City attorneys weighed in and said the laws on variance and the decision at hand were also rooted in state law and changing city code would be a topic for another discussion, if it is something the council wants to take up. 

After the lengthy hearing and defeat Reyes said he plans to sell to sell the carport structure to try and recoup some of his money.