I would be upset if I had to work on it. Did the mechanical cont. create this problem or did the HO just slide the condensor over? Even if they move the fuel tank you probably won't have room between the wall and the ac. That is the area that the elec. components are located.
Was the A/C moved without the wiring being touched? If so, then I don't think you could cite any violation of the disconnect.
And...110.26(A) has been argued many many times here.
Is the Disconnect "...likely to require examination, adjustment, servicing, or maintenance while energized..."?
The Disconnect, not the A/C.
Shouldn't it be de-energized before performing any of those actions to the Disconnect?