[00:00:10]
SORRY, TOO MANY THINGS OPEN AND UNABLE TO PRINT BECAUSE ALL RIGHT.
UH, WELCOMING EVERYONE, UH, WILL BUILDING
[CALL TO ORDER]
AND STANDARDS COMMISSION HEARING TO ORDER FOR DECEMBER 9TH, 2020.LET THE RECORD REFLECT THAT THE TIME IS 6:45 PM.
FRYBERGER FAIRER OF THE BUILDING AND STANDARDS COMMISSION.
AND I'M GOING TO GO AHEAD AND CUDDLE FOR MY, FOR MY FELLOW COMMISSIONERS.
SHOULD
SHEDDEN IT'S MS. SHEDDEN ON THE, ON THE LINE YET? NOT YET.
IT LOOKS LIKE MR. GREEN IS NOT WITH US YET.
KIM IS DOSE STEAD HERE, PRESENT.
WHERE DO YOU THOMPSON WORDY IS HERE.
UH, DAVE THOMAS FOLKY WITH US, PERHAPS HE WILL JOIN US FROM THE FIRE DEPARTMENT.
IT'S UH, I WOULD LIKE TO INTRO, TO INTRO TO SUPERVISOR CODE SUPERVISOR, MARLENE, WHO WILL BE INTRODUCING THE CASE.
MARLENA, CAN YOU, CAN YOU HEAR US? OKAY.
YOU CUT OUT THERE FOR A SECOND, BUT YES, I CAN HEAR YOU.
AND OUR ASSISTANT CITY ATTORNEY THIS EVENING IS A BELIEVERS IS LINK.
UM, UH, MS. LINK, IF YOU LET US KNOW OF YOUR BELT, I'M HERE AND FOR EVERYONE, NO ONE ELSE.
CODE OFFICE STAFF, AND PROPERTY OR PROPERTY OWNER, PLEASE INTRODUCE YOURSELVES.
WHEN YOU WERE ALLOWED TO SPEAK LATER ON IN THE EVENING, OF COURSE I'VE BEEN UP UNTIL THAT TIME, PLEASE STAY, PLEASE STAY MUTED.
AND WE WILL TRY TO NOT TALK ON TOP OF OTHER NIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL GET HER 80 SPACES FROM FIVE PROPERTIES.
UH, THE CASES ARE TYPICALLY CONSIDERED IN THE ORDER ORDER IN WHICH THEY APPEAR ON THE AGENDA.
WHOEVER THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE.
AND WE WILL DO THAT TONIGHT, TONIGHT, WE'LL WE'LL SEE, AS WE GO ALL ATTENDEES, THESE AT THIS HEARING BOARD TO OBSERVE OTHER PER CORUM AND CIVILITY.
SO AS NOT TO HIM FOR THE COMMISSION'S ABILITY TO CONDUCT US TONIGHT TONIGHT, SIMPLE, OF COURSE, PLEASE SAY MUTED AND CALLED UPON TO SPEAK COORDINATOR FOR THE KING TO THE COMMISSION IS THE ALLIE.
AND I KNOW SHE IS WITH US AND CODE SUPERVISOR.
WE'LL CALL EACH CASE ON THE AGENDA.
AS WE INTRODUCED THIS RIGHT EARLY BEFORE, BEFORE THEY'RE CALLED THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS, NOT ON TONIGHT'S AGENDA AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES.
ANYONE WHO REQUIRES IN DEFENSE SERVICE SERVICES AND WHEN EACH CASE IS CALLED ALASKA, IF THE PROPERTY, PROPERTY OR PROPERTY REPRESENTATIVE IS PRESENT ON THE LINE AND SUPERVISOR, RIGHT? IT'S THE CITY'S WITNESSES AND PRESENT EVIDENCE AFTER EACH CITY WITNESSES TEST TESTIFIES THE PROPERTY OWNER, YOU OR YOUR REPRESENTATIVE MAY ASK THIS AS QUESTIONS AND IT'S ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE IN WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO AND PROVIDE DRIED TESTS AND YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
NUMBER INDICATES THAT YOUR SET YOUR TIME HERE, YOU MUST FINISH YOUR SENTENCE AND INCLUDE YOUR PRESENTATION.
OUR DESIGNATED OR DESIGNEE KEEPER THIS EVENING WILL BE OUR CTM REPRESENTATIVE.
[00:05:01]
NAME FOR THE RECORD.THIS IS DANIEL MURPHY WITH CTE OR CITY HALL REPRESENTATIVE.
CAN YOU NOT HEAR HIM, ANDREA? ALL? IF YOU COULD, OUR CITY HALL CTM REPRESENTATIVE, IF YOU COULD STATE YOUR NAME, I GUESS REQUIRE FOR THE RECORD RECORD TO THIS EVENING, SHE MAY BE UNABLE TO HEAR US, ANDREA, CAN YOU HEAR ME? OH, I AM NOT HEARING ANYONE.
UH, I DO APOLOGIZE TO BE HAVING ISSUES.
DO WE NEED TO TRY A COUPLE OF THINGS? UH, IT CAN'T FIGURE IT OUT.
I WILL CALL BACK AND MEETING WITH WITHIN THE NEXT MINUTE.
DO WE NEED PABLO TO, TO TAKE OVER, UH, MADAM CHAIR? CAN YOU HEAR ME? SHE LOGGED.
I THINK SHE LOGGED OFF AND LOGGED BACK INTO KEVIN'S ACTIVITY TWO TIMES.
AND THAT'S WHY SHE'S GETTING AN ECHO IS THAT THAT HAPPENS.
YOU LOG IN AND THEN YOU'RE LIKE IN A SECOND TIME AND THIS WAY YOU GET THAT ECHO.
THAT'S, THAT'S WHAT, THAT'S WHAT WE THOUGHT HERE.
THAT'S WHAT WE THOUGHT HERE AT CITY HALL AS WELL.
UM, BUT UNFORTUNATELY SHE, WE'RE ONLY SEEING ONE OF HER.
UM, WE'RE TRYING TO TROUBLESHOOT ON OUR END, WHY THAT MAY BE HAPPENING, BUT I THINK IT MAY JUST BE A CONNECTION ISSUE.
SO HOPEFULLY WHEN SHE CALLS BACK IN THIS TIME, UH, THINGS WILL STRAIGHTEN ITSELF OUT.
WELL, I, I AM BACK AND I CAN HEAR EVERYONE.
I THINK, UM, HOW, HOW MUCH I OPEN TALK HERE? DID, DID EVERYONE, OR CAN YOU REPEAT THAT, ANDREA? I WAS SORRY, I CAN NOW HEAR EVERYONE.
I'M ASSUMING, I'M ASSUMING YOU BE NOW TOO.
UM, SO I NEED TO REPEAT ANYTHING.
I THOUGHT THAT I HAD SAID, OR COULD YOU HEAR ME UP UNTIL THE END? WE CAN HEAR YOU UP UNTIL THE END WHEN YOU WERE, WE HEARD YOU UNTIL YOU CALLED THE CTM GENTLEMEN TO INTRODUCE HIMSELF AND THAT'S WHERE WE STOPPED.
UM, SO MYSELF, UH, THE CITY ASSISTANT CITY ATTORNEY INTRODUCED HERSELF, AND THEN YOU ASKED THE CTM TO INTRODUCE HIMSELF, AND THEN THAT'S WHERE WE, WE LOST.
UM, YOU RECOGNIZE YOU COULDN'T HEAR US AND THEN YOU DISCONNECTED.
UM, SOUNDS LIKE I DON'T NEED TO REPEAT ANYTHING.
UM, I DO, I DO APPLIES AGAIN AND I, I GUESS I WILL, I WILL BLAZE FORWARD.
WHERE CAN I, AND CAN I SUGGEST, UH, SOMETHING LIKE, UM, WE CAN LEAVE YOUR, UH, YOUR VIDEO UP AND STUFF LIKE THAT, BUT, UH, IS THERE A POSSIBILITY FOR YOU TO CALL IN SEPARATELY? WE CAN JUST MUTE YOUR VISUAL, UM, BOX HERE AND THEN WE'LL HAVE YOUR OPEN, UH, LINE WITH THE TELEPHONE.
UH, IN FACT, UH, I'LL GO AHEAD AND DO THAT NOW.
I JUST WANT TO MENTION THIS IS MELANIE ALLIE.
I JUST WANT TO MENTION A QUICK HOUSEKEEPING THING.
IF ANYONE WAS UNABLE TO GET INTO THE GOOGLE DRIVE FOLDER, I JUST SENT A NEW, AN EMAIL WITH A DIFFERENT LINK SO THAT EVERYONE SHOULD BE ABLE TO GET INTO THE GOOGLE DRIVE FOLDER.
NOW, IF YOU HAD ANY ISSUES BEFORE, HOW LONG HAVE YOU SHARED THE LINK TO OUR, UH, OUR, LIKE OUR EMAILS OR OUR CITY EMAILS? OH, IT SHOULD HAVE GONE TO BOTH EMAILS.
IT WOULD BE THE SAME RAY LINE FROM THIS MORNING WHEN I SENT YOU THE LINK TO THE MEETING.
IT'S JUST A, I JUST DID A REPLY TO ALL WITH THE NEW LINK IN IT.
[00:11:11]
YOU PUT THE LINK IN THE, I DIDN'T GET THE EMAIL.UM, AND JUST TO RESPOND TO, UH, WAS THAT COMMISSIONER GREEN, WHO WAS ASKING FOR THE LINK IN THE CHAT.
SO, UM, DUE TO, UM, WELL ACTUALLY, I DON'T KNOW WHY WE NECESSARILY HAD TO GET RID OF IT, BUT THE CHAT FEATURE IS NO LONGER WITH US ON A WEBEX.
UH, WE DO NOT USE THAT, UH, FOR TRANSPARENCY FOR TRANSPARENCY'S SAKE, ACTUALLY.
I ALSO DID NOT GET THE EMAIL WITH THAT LINK.
I DIDN'T RECEIVE THAT LINK EITHER.
IT'S PROBABLY DOWNLOADING WORD.
FRYBERGER SYSTEM OF THESE STOVES THAT I DID NOT GET THE LINK.
UH, IT LOOKS LIKE WE'RE TROUBLESHOOTING.
IT LOOKS LIKE WE'RE TROUBLESHOOTING THAT RIGHT NOW.
AND, UH, WE'LL BE SENDING IT Y'ALL'S WAY AS SOON AS WE CAN.
AM I GOOD TO PROCEED WITH THE, WITH THE, WITH MY OPENING STATEMENT? YES.
SO, UM, OUR CTM REPRESENTATIVE, IF YOU COULD GO AHEAD AND TELL ME YOUR NAME.
UH, THIS IS DANIEL MURPHY WITH CITY CTM.
SO DANIEL WILL BE THE TIMEKEEPER.
SO AFTER, AFTER THE PROPERTY OWNER OR PROPERTY RISK REPRESENTATIVE, AFTER YOU HAVE PRESENTED YOUR CASE SUPERVISOR, RIGHT? MAY ASK YOUR WITNESSES QUESTION ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAVE PRESENTED ALL EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS.
I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.
AND THE COMMISSION MAY ASK QUESTIONS AS ANY ADDITIONAL WITNESSES.
AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT IN A COPY OF AN ORDER ISSUED BY THE COMMISSION WILL BE MAILED TO THE OWNER AND OTHER INTERESTED PARTIES.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.
SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN AND TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I WILL READ OUT THE OATH.
AND THEN AFTERWARDS, I WILL ASK YOU TO SPEAK UP ONLY IF YOU DO NOT AGREE WITH IT.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
[00:15:01]
SIGNIFY BY SAYING I DO, OR IN THIS CASE, ACTUALLY, IF YOU OBJECT, PLEASE, PLEASE UNMUTE AND STATE.SO IF THERE'S NOTHING FOR FURTHER, UH, WE WILL PROCEED
[CITIZEN COMMUNICATION]
TO CONSIDER PUBLIC COMMENT ON AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING AND, UH, BELIEVE, UM, MOST COMMISSIONERS ARE STILL WAITING FOR THE LINK PROBABLY TO RECEIVE THE CURRENT AGENDA.BUT I BELIEVE WE CAN GO AHEAD AND, AND TAKE UP CITIZENS COMMUNICATION THIS EVENING.
THIS IS COMMISSIONER SHADI AND THE AGENDA IS ACTUALLY ATTACHED TO THE ONE EMAIL THAT WE DID GET JUST FYI IT'S IN THE ATTACHMENTS.
I WILL LOOK THROUGH MY EMAILS WHILE WE'RE, WHILE WE'RE TAKING OF CITIZENS COMMUNICATIONS.
FOR CITIZENS COMMUNICATION, IT APPEARS WE HAVE TWO, THREE, FOUR SPEAKERS AND AN INTERPRETER WHO ARE SIGNED UP TO SPEAK.
AND I WOULD LIKE TO GO AHEAD AND CALL THIS DEBBIE GARCIA.
UM, DO I GO AHEAD AND START? YES, PLEASE.
UM, SO MY NAME IS GABBY GARCIA.
I'M A TENANT ORGANIZER WITH BOSSA, AND I'M HERE TO SPEAK ABOUT THE CONDITIONS THAT CREEK'S EDGE APARTMENTS.
I KNOW THEY'RE NOT CURRENTLY ON THE AGENDA, BUT THEY WERE IN FEBRUARY WHEN THE BSE HAD THEIR LAST IN-PERSON MEETING BEFORE THE PANDEMIC, I'VE WORKED WITH THE TENANTS ASSOCIATION FOR ALMOST TWO YEARS.
AND IN THAT TIME, THIS WILL BE MY FOURTH TIME SPEAKING IN FRONT OF THE COMMISSION.
I'M SURE IT WON'T BE THE LAST DUE TO THE PANDEMIC.
CREEKSIDE RECEIVED ADDITIONAL TIME TO GREGG VIOLATIONS.
WHAT BROUGHT, WHICH BROUGHT THEM HERE EARLIER THIS YEAR, BUT HAVING THOSE SPECIFIC ISSUES CORRECTED DOES NOT MEAN THE CONDITIONS FOR TENANTS HAVE IMPROVED THIS LAST YEAR.
TENANTS HAVE HAD TO DEAL WITH THE FOLLOWING REPAIR ISSUES.
LOTS OF HOT WATER IN AUGUST SIX BUILDINGS WORK I DID AFTER A BOILER EXPLODED TENANTS WENT WITHOUT HOT WATER FOR OVER 45 DAYS.
THE BOILER EXPLOSION ALSO CAUSED A LAUNDRY ROOM AND TWO APARTMENTS TO FLOOD.
PRE-STAGE ONLY OFFERED TO OPEN UP EMPTY UNITS FOR FAMILIES TO GET ACCESS TO HOT SHOWERS AFTER SIGNIFICANT PRESSURE FROM CODE.
AND THE TENANTS ASSOCIATION, ASIDE FROM THE LACK OF HOT WATER TO TENANTS WERE INJURED AFTER FALLING BECAUSE OF THE DANGEROUS AND UNEVEN STEPS.
DON'T LOOSE RAILS THAT ARE COMMON THROUGHOUT THE PROPERTY.
I COULD GO ON ABOUT THE PERSISTENT REPAIR ISSUES LIKE RATS, INFESTATIONS, AND MOLD, BUT I WANTED TO POINT OUT THE BULLYING AND MISTREATMENT FOR MANAGEMENT.
THE TENANTS HAD BEEN SUBJECTED TO IN AUGUST MANAGEMENT SENT OUT A NEWSLETTER MISINFORMING TENANTS THAT REPAIRS WOULD TAKE 30 DAYS IF THEY REACHED OUT TO CODE TENANTS ALSO RECEIVED NOTICES TO VACATE AND LATE FEES WHILE PROTECTIONS WERE IN PLACE TO PREVENT THIS MANAGERS WENT AS FAR AS TO TELL TENANTS THAT THE COMPLEX WAS NOT COVERED BY THE CARES ACT.
WHEN IN FACT IT WAS TENANTS WHO RECEIVED SECTION EIGHT VOUCHERS WERE TOLD THEIR LEASES WOULD NOT BE RENEWED BECAUSE CREEKSIDE WANTING TO ATTRACT A DIFFERENT TYPE OF TENANT.
AND THEN I'LL SHOW THE TENANTS ASSOCIATION PUT OUT THEIR OWN NEWSLETTER AND IT WAS PULLED OFF PEOPLE'S DOORS BY MAINTENANCE AND THROWN IN THE DUMPSTER.
MOST RECENTLY MANAGERS MANAGEMENT HANDED OUT NOTICES, 10 BOUNDED NOTICES OF ABANDONED DWELLING TO ANYONE WHO WAS BEHIND ON RENT EITHER WERE RESCINDED AFTER THE TENANTS ASSOCIATION BECAME INVOLVED, BUT IT SERVED ITS PURPOSE OF TERRIFYING FAMILIES AND MAKING THEM THINK THEY NEEDED TO MOVE WITHOUT GOING THROUGH A FORMAL EVICTION PROCESS.
I REALIZED THAT MANY OF THESE ISSUES ARE NOT IN THE BSE JURISDICTION, BUT WE WANT, WHEN WE THINK IT'S IMPORTANT FOR YOU TO KNOW WHAT TENANTS ARE EXPERIENCING SO THAT YOU CAN FACTOR THIS ALL IN THE NEXT TIME CREEK'S EDGE IS IN FRONT OF YOU REQUESTING MORE TIME.
AND WE SEE HIS ACTIONS SPEAK TO THEIR CHARACTER AND HOW THEY RUN THEIR BUSINESS.
WE KNOW THAT THEY ONLY RESPOND WHEN THEY'RE AT RISK OF LOSING MONEY.
IN SEPTEMBER CREEK'S EDGE IS LICENSED TO RENT OUT EMPTY UNITS WAS SUSPENDED AND IT WORKED WITHIN A MONTH.
THEY REPAIRED ALL 20 ISSUES LISTED IN THE LETTER TO SUSPEND THEY'RE NOW OFF SUSPENSION FOR TENANTS.
IT'S JUST HEARTENING TO KNOW THAT FAMILIES HAD TO WAIT LONGER FOR HOT WATER AND CREEKSIDE SPENT IN SUSPENSION.
THE TENANTS IN BOSTON ARE EXCITED THAT SUSPENSION REVOCATION IS FINALLY BEING IMPLEMENTED AND THAT IT'S HAVING AN EFFECT.
HOWEVER, THE GAPS AND LIMITATIONS OF THIS TOOL ARE ALSO BECOMING EVIDENT ON PROPERTIES LIKE CREEKSIDE ESSENTIALLY EASILY AFTER ONLY DOING THE BARE MINIMUM.
UM, SO WE ARE NOT POSTED FOR ANY ACTION ON THIS ITEM, UM, BUT THANK YOU FOR,
[00:20:01]
FOR COMMUNICATING.NEXT WE HAVE PETRA ANTONIO AND I BELIEVE PETRA WILL HAVE AN INTERPRETER.
I LIVE IN THE AGE APARTMENTS AND I'M HERE TO SPEAK ABOUT THE CONDITIONS, UH, WHAT'S HAPPENING, UH, AT CREEK STAGE
I LIKE TO TELL YOU THAT I WAS FOR TWO MONTHS WITHOUT HAD WATER AND THAT'S NOT FAIR BECAUSE I HAVE MY CHILDREN HERE IS STILL THEN ONLINE
THAT'S NOT ENOUGH TO PAY FOR THE ENERGY BILL I HAD TO BOIL OR THE WATER.
SO, UH, BASE MINUS, UH
I HAD MY LEASE, UH, UNTIL NOVEMBER 30TH, THIS
UH, NEXT WE HAVE STEVEN FRISCHMAN.
MR. FRESHMANS, ARE YOU ON THE LINE? UH, YES.
MY NAME IS STEVEN FRESHMEN WITH COM.
UH, I LIVE AT, UH, CREEK'S EDGE AND, UH, HAVE BEEN A TENANT HERE FOR ABOUT EIGHT YEARS.
UH, CREEK'S EDGE WAS THE FIRST ON THE REPEAT OFFENDER LIST
[00:25:01]
FOR CODE COMPLIANCE AND IT STAYED THERE.SOMETHING, AND ENFORCEMENT HAS GOT TO CHANGE.
UH, THE INFRACTIONS ARE, UH, TOO OFTEN SATISFIED BY SHODDY REPAIRS OR NO REPAIRS AT ALL.
AND AT THE SAME TIME, UH, YOU SHOULD INCLUDE IN YOUR KNOWLEDGE OF CREEK'S EDGE, THAT MANAGEMENT HAS TARGETED THE DISABLED, MOSTLY SECTION EIGHT FOR EVICTION I AND ANOTHER DISABLED TENANT EVER SEEN FINES THAT EXCEED AN ENTIRE YEAR'S RENT.
AND THEY'RE ENTIRELY MADE UP A THIRD DISABLED TENANT, GOT NOTICED MANAGEMENT ASSUMED HIS APARTMENT HAD BEEN ABANDONED THIS AFTER THE LOADING ON THOUSANDS AND BOGUS FINES AND ILLEGAL ATTEMPTS TO BYPASS THE EVICTION MORATORIUM.
AND IN ONE INSTANCE, MANAGEMENT IS TORMENTING A MENTALLY ILL PERSON TO COLLECT BOGUS FINES.
UH, THE BSC SHOULD KNOW THESE THINGS AND YOU SHOULD KEEP THEM IN MIND.
UH, YOU SHOULD MAKE CODE COMPLIANCE AND COOPER STREET CAPITAL ACCOUNTABLE, WHERE YOU CAN, AND WE'LL TRY AND FIND ALLIES TO HELP US WITH THE REST.
AGAIN, WE ARE NOT POSTED FOR ACTION.
UM, BUT THE COMMISSIONERS, IF WE SO DECIDE, COULD TAKE THIS UP AS A FUTURE AGENDA ITEM, THAT WOULD BE LATER ON IN OUR MEETING TONIGHT.
AGAIN, I DON'T KNOW THAT THE COMMISSION WILL DECIDE TO DO THAT, BUT THAT'S ABOUT ALL WE COULD DO IN THIS CASE, I'M SURE IS ABOUT FIVE BLOCKS FROM WHERE I LIVE, AND THIS HAS BEEN GOING ON FOR FIVE OR SIX YEARS, AND I KEEP, UH, UM, PUSHING THE PEANUT DOWN THE ROAD.
THERE WAS A FELLOW NAMED VOICE, MY HOLLAND, WHO OWNED A, UH, INVESTMENT THRUST OUT IN NEW YORK AND BOUGHT THIS PLACE ABOUT FIVE YEARS AGO.
AND WE HAD TWO OR THREE YEARS OF THESE GUYS COMING BACK SAYING HOW TO GET GETTING THAT POP WATER.
AND NOW, WHAT IS IT? A BLEND THERE'S ANOTHER INVESTMENT TRUST.
AND, UH, WE'VE BEEN, THIS HAS BEEN BACK IN FRONT OF US ON AND OFF FOR AS LONG AS I'VE BEEN ON THE COMMISSION AND IT KEEPS CHANGING OWNERS, BUT THE, UH, CIRCUMSTANCES, FOLKS THAT LIVE THERE HAVEN'T CHANGED MUCH.
SO I THINK CODE HAS BEEN OUT THERE A NUMBER OF TIMES THAT THE NUMBER OF COMPLAINTS WE WORKED THROUGH, SOME ISSUES LIKE, YOU KNOW, WE'RE BACK HERE AGAIN, IT'S BEEN 2020, I THINK THIS WAS 2015 OR 16.
I'D LIKE TO UNDERSTAND WHAT WE NEED TO DO TO INCENTIVIZE EVERYBODY TO GET THIS TOGETHER, BUT HAVING PEOPLE WITHOUT HOT WATER, HAVING A BACK, I THINK I'M GOING TO GO OVER THERE.
IT'S UH, UM, COUNCIL'S, UH, UH, TELLS ME THERE'S NO REASON WHY I CAN CHAT WITH THE, UH, UH, THE MANAGEMENT TEAM OVER THERE, UH, NEXT SATURDAY, JUST TO UNDERSTAND WHAT'S GOING ON.
LET'S, UH, LET'S TAKE THIS UP LATER IN THE MEETING FOR FUTURE AGENDA ITEMS. UM, AGAIN, WE'RE NOT POSTED FOR ACTION HERE, BUT, UH, YOU KNOW, DISCUSSION, WELL BASICALLY JUST HEARING FROM THE CITIZENS IS ALL WE CAN DO RIGHT NOW AT, BUT I DO AGREE.
I MEAN, THIS, THIS HAS BEEN AN ISSUE SINCE I THINK 2015 WHEN I FIRST JOINED THE COMMISSION AS WELL.
WELL, GOD GOT ME INVOLVED WITH A RENTAL REGISTRY AND REPEAT OFFENDERS BACK 10 YEARS AGO.
AND IF WE CAN'T GET THIS, I WANT IT, BUT LET'S, WE'LL, WE'LL DISCUSS IT LATER IN THE MEETING THIS EVENING, WE DO HAVE ONE MORE CITIZEN SIGNED UP FOR COMMUNITY.
WE DO HAVE ONE MORE CITIZEN FIND UP HER COMMUNICATION THIS EVENING.
ARE YOU ON THE LINE? YES, I'M HERE.
WOULD YOU LIKE TO GO AHEAD? THANK YOU.
MY NAME IS
I WAS GOING TO TESTIFY TODAY ON THE AGENDA ITEM, ONE RELATED TO WITH THE LICENSE TO RENT BEING SUSPENDED,
[00:30:01]
BUT THAT ITEM HAS BEEN REMOVED FROM THE AGENDA.WE WERE TOLD EARLIER THIS WEEK, THAT'S THE LARGEST FIXED THE OUTSTANDING VIOLATIONS RELATED TO THE SUSPENSION.
SO THERE ARE NO LONGER BEING CONSIDERED OR VERY HAPPY THAT CODE HAS BEGUN TO IMPLEMENT SUSPENSION AND REPLICATION IT'S MUCH NEEDED AND LONG OVERDUE.
WE THINK IT'S A VERY, IT'S VERY IMPORTANT THAT CODE STANDS BEHIND THEIR DETERMINATIONS.
IT'S OFTEN MONTHS AND MONTHS AFTER A CONDITION IS FIRST REPORTED THAT ANY ESCALATION OF COURSE, THAT LANDLORDS LIKE CELERIS COUNT ON THIS DELAY AND TAKE ADVANTAGE OF IT IS IMPORTANT TO HOLD LANDLORDS ACCOUNTABLE.
WE'RE CONCERNED THAT'S THE LARGEST OWNERS WILL CONTINUE TO DO THE BARE MINIMUM JUST IN TIME TO AVOID CONSEQUENCES WHILE TENANTS CONTINUE TO LIVE IN SUBSTANDARD CONDITIONS.
WE KNOW THAT THE LARS HAS BEEN ON THE BOC AGENDA MANY TIMES BEFORE, AND WE HAVE BOSTON HAVE HEARD OF COMPLAINTS FROM FLORIDA TENANTS FOR YEARS, TENANTS HAVE COMPLAINED OF TERRIBLE BUILDING CONDITIONS, SUCH AS UNEVEN FOUNDATIONS, PEST INFESTATIONS, AND ISSUES WITH MOLD SOLARS HAS BEEN ON THE REPEAT OFFENDER PROGRAM SINCE AUGUST, 2016.
AND IN THAT TIME HAS ACCUMULATED 450 VIOLATIONS.
QUITE THE FEE, MANY VULNERABLE SITES LIVE AT SUAREZ AND ARE FEARFUL OF POTENTIAL RETALIATION.
A NUMBER OF TENANTS WE TALKED TO ARE TOO SCARED TO COME FORWARD, TO ENFORCE THEIR RIGHTS AND ENDED UP DECIDING TO MOVE.
INSTEAD OF REPORTING BACK CONDITIONS, THIS LEADS TO HIGH TURNOVER AND ALLOWS THE SOLARS MANAGEMENT TO CONTINUE TO RENT OUT APARTMENTS IN POOR CONDITIONS INSTEAD OF MAKING REPAIRS.
THIS ALSO MAKES IT HARD FOR BOSTON TO ORGANIZE AT THE PROPERTY FOR IMPROVED CONDITIONS.
THE CODE DEPARTMENT HAS GIVEN SOLARA AS MANY OPPORTUNITIES TO CORRECT THEIR BEHAVIOR, AND YET THEY CONTINUE TO ACCUMULATE VIOLATIONS FOR POOR CONDITIONS, FOR EXAMPLE.
SO LARA'S DECEIVED THE INTENT TO SUSPEND ON SEPTEMBER 4TH AND THROUGH THE APPEALS PROCESS WAS ABLE TO STALL FOR ALMOST FOUR MONTHS.
WE HAVE SPOKEN TO HAVE SAID THAT THINGS ARE IMPROVING WITH A MORE STREAMLINED PROCESS FOR RECEIVING THE REPAIRS, HOWEVER, TENTS EXPRESSED, BUT THE QUALITY OF REPAIRS WAS MEDIOCRE AT BEST.
AND WE'RE CONCERNED THAT THEY'RE SETTLING FOR REPAIRS BEING DONE AT ALL.
TENANTS NOT ONLY DESERVE TO GET REPAIRS, THEY DESERVE QUALITY ONES, SUSPENSION REVOCATION COULD PROVIDE THIS NEEDED PRESSURE, AS IT IS CLEAR THAT IT HAS BEEN AN EFFECTIVE TOOL FOR PUSHING MANAGEMENT COMPANIES THAT DON'T WANT TO MAKE REPAIRS.
I HOPE THAT THE BFC WILL COMMIT TO THE USE OF SUSPENSION REVOCATION AS AN ENFORCEMENT MECHANISM WHILE KEEPING IN MIND HOW UNSCRUPULOUS COMPANIES ARE USING LOOPHOLES TO DETERMINE ITS INTENTION TO UNDERMINE INTENTION.
UH, I'M GOING TO GO AHEAD AND MOVE ON TO APPROVAL
[APPROVAL OF MINUTES ]
OF THE MINUTES.UH, HOPEFULLY FELLOW COMMISSIONERS HAVE HAD A CHANCE TO REVIEW THE MINUTES FROM LAST MONTH.
THE OCTOBER 28TH, 2020 REGULAR MEETING.
UH, DOES ANYONE HAVE EMOTION? THE MINUTES COMMISSIONER? GREAT.
IS THAT COMMISSIONER ABILA AND OLGA MODI.
UH, ALL IN FAVOR OF APPROVING THE BUILDING AND STANDARDS COMMISSION MINUTES FROM THE OCTOBER 28TH, 2020 REGULAR MEETING SAY AYE AND PERHAPS HAND, IS ANYONE OPPOSED? OKAY.
UH, I BELIEVE WE ARE READY TO MOVE ON TO OUR CASES.
[1. Case Number CL 2020-171600 Property Address: 2301 Polaris Avenue, Building A, Units 1-6/ Owner/Appellant: Minh T Nguyen & 2301 Polaris Trust Staff Presenter: Reynaldo Cruz, Austin Code Department Staff Recommendation: Deny appeal of the notice of violation ]
ON THE AGENDA IS AN APPEAL IT'S 23 ZERO ONE POLARIS AVENUE, BUILDING A UNITS ONE THROUGH SIX.THE CASE NUMBER IS CL 2021 SEVEN ONE SIX ZERO ZERO.
AND IS REGARDING A MULTIFAMILY RESIDENTIAL PROPERTY LOCATED AT 23 ZERO ONE.
POLARIS AVENUE IS PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM.
THE EXHIBITS FOR THIS HEARING CAN BE FOUND IN THE BLUE BOOK AND YOUR GOOGLE DRIVE FOLDER.
WELL, THE OWNER'S APPEALS REGARDING THREE CV CASES TONIGHT.
WE ARE ONLY HEARING THE APPEAL OF THE NOTICE OF VIOLATION
[00:35:01]
FROM CV 20 2142 THREE SIX SIX, WHICH PERTAINS TO MULTIPLE STRUCTURAL MAINTENANCE VIOLATIONS IN YOUR GOOGLE DRIVE FOLDER.YOU'LL FIND STAFF EXHIBITS ONE AND TWO, A THROUGH TWO J EXHIBIT ONE CONTAINS AN APPEAL LETTER.
THE NOTICE OF VIOLATION, THE REQUIRED NOTICE OF APPEAL HEARING AS WELL AS THE REQUIRED POSTINGS, THE COMPLAINANT'S CASE HISTORY AND THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD VERIFYING OWNERSHIP EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO J AND LASTLY, CAUSE RECOMMENDATION REGARDING THIS APPEAL, I'LL SEND CODE INSPECTOR RONALDO CREW RINALDO.
CRUZ IS HERE TONIGHT TO TESTIFY TO THE SPECIFICS THAT LED UP TO THE ISSUANCE OF THE NOTICE OF VIOLATION INSPECTOR CRUZ.
ACTUALLY, I'M GOING TO HIT PAUSE FOR JUST ONE MOMENT.
I SHOULD HAVE ASKED AT THE BEGINNING.
UH, DO WE HAVE THE PROPERTY REPRESENTATIVE ON THE LINE? LOOKS LIKE, UM, YES, I'M HERE.
IS THAT MEN AT? YEAH, THAT'S ME, MAN.
YES, I SHOULD HAVE ASKED BEFORE WE BEGAN, BUT, UH, YES.
NOW WE WILL GO AHEAD AND HEAR FROM THE CITY INSPECTOR.
UM, BY THE WAY, THIS IS JAMES
I DO NOT HAVE THAT, UH, GOOGLE GOOGLE DRIVE FOLDER.
UH, DIDN'T SEEM TO COME THROUGH THE EMAIL AND, UH, SO I GUESS JUST HAVE TO SEE WHAT THE, UH, WHAT A CODE ENFORCEMENT OFFICER WILL BE PRESENTING.
JUST, UH, ONE IF YOU KNOW THAT CHAIR.
I DID ACTUALLY JUST RECEIVE AN EMAIL, UM, ARE ANY OTHER COMMISSIONERS MISSING THIS INFORMATION AS WELL? WOW.
BUT I DON'T THINK THE FOLDERS ARE OPENING UP THE WAY THAT NORMALLY WOULD, BUT I'M TRYING IT AGAIN NOW.
I WOULD LIKE TO MAKE SURE THAT WE ALL HAVE ACCESS TO THIS INFORMATION, BECAUSE IF I BELIEVE THAT IS IMPORTANT FOR US TO CONSIDER THE CASE BEFORE US, I DON'T KNOW THE LIGHT.
IS THERE ANY WAY THEY CAN WORK, UH, PROJECTED ON THE SCREEN? I MEAN, IT'S, IT'S NOT IN MY OPINION.
BUT IT SOUNDS LIKE MR. GREEN IS HAVING DIFFICULTY IN MR.
UH, W WHAT THAT PROPERTY AGAIN? UM, I HAVE THE LINK, BUT I, I JUST WANNA MAKE SURE I CAN GET IT.
ACTUALLY, THIS WAS A QUESTION FOR MISS LINK.
IF THE COMMISSIONERS, IF SOME OF THE COMMISSIONERS ARE NOT ABLE TO ACCESS ALL OF THE INFORMATION THAT GOES ALONG WITH THIS CASE, IT SEEMS TO ME LIKE WE WOULD NEED TO HAVE ALL OF ACCESS TO ALL OF THAT INFORMATION.
ALL OF US WOULD NEED TO, IN ORDER TO FAIRLY CONSIDER THIS CASE, IS THAT CORRECT? UM, YOU WOULD NEED TO, BUT IS IT, ARE YOU ALL ABLE TO SHOW THAT ON THE SCREEN NOW? UM, AND WE CAN COPY IT TO A CLIENT.
MELANIE, ARE YOU ABLE, UH, MELANIE AND DANIEL, ARE YOU ABLE TO PULL THE GOOGLE DOCS UP THE SCREEN? SO WE'RE ABLE TO VIEW THAT, UM, I'M DISCUSSING THAT WITH JAY, WITH DANIEL RIGHT THIS MINUTE.
SO I THINK THAT THE INSPECTOR CAN BEGIN HIS PRESENTATION AND AS SOON AS THEY CAN LIT UP, I'M ACTUALLY GOING TO RESEND THE LINK, THE COMMISSIONERS AT MYSELF AS WELL.
SO IF YOU SEE LINK L I N K IN YOUR INBOX, THAT IS ME.
MY NAME IS REYNALDO CRUZ, AND I'M A SPECTRUM FOR THE AUSTIN CODE DEPARTMENT.
THE PROPERTY BEING BROUGHT, UH, BEFORE YOU TODAY'S RESIDENTIAL PROPERTY.
THAT 23 ZERO ONE POLARIS AVENUE, THE TREVI CENTRAL APPRAISAL DISTRICT OWNER OF RECORDS HAS BEEN IDENTIFIED AS MAIN GWEN AND 23 ZERO ONE POLARIS TRUST.
THIS PROPERTY IS PART OF THE REPEAT OFFENDER PROGRAM SINCE JULY, 2020, AS A PART OF THE COMPUTER OFFENDER PROGRAM, THE PROPERTY MAY BE SUBJECT TO A PERIODIC INSPECTION AND MINIMUMS OF ONCE A YEAR IN SEPTEMBER, 2020.
AND ACCOMPANIED BY THE PROPERTY MANAGER CAME TREND.
[00:40:01]
A PERIODIC INSPECTION.I OBSERVED SEVERAL VIOLATION OF THE CITY OF BOSTON PROPERTY MAINTENANCE CODE.
I DOCUMENT THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER, DETAILING THE DESCRIPTION OF THE VIOLATION ON SEPTEMBER 16, 2020, I PERFORM A FOLLOW-UP INSPECTION ON OCTOBER 20TH AND NOVEMBER 13 OF 2020 AND ABSURD THAT THE VIOLATION HAS BEEN PARTIALLY CORRECTED.
I WILL NOW PRESENT MY PHOTOS AND THIS CAUSED THE VIOLATION THAT WORKS THERE AT THE TIME OF THE INSPECTION AND REMODEL.
EXCEEDED TWO, A B TWO EIGHT IS THE PROPERTY ADDRESS NUMBER SIGNAGE 23 ZERO ONE POLARIS AVENUE.
NEXT LIGHT XAV TO BE IT'S A CONTEXTUAL PICTURE OF THE PROPERTY NEXT ALIVE, LIKE CB TWO C CHOSE A MISSING DRY EXHAUST BEN WHO'D.
THAT COULD CAUSE THE ENTRY OF RODENTS AND OTHER PESTS ALSO ON THE UPPER PART OF THE PICTURE COULD BE OBSERVED A MISSHAPEN OR WARPED SIGHTING IN SOME AREAS, NOT ALL LIAM, THESE PART OF THE STRUCTURE, BUT OTHER AREAS OF THE, OF THE BUILDING.
NEXT SLIDE EXHIBIT TWO D IS A CLOSER LOOK OF THE PEAK OF THE PREVIOUS PICTURE SHOWING SEPARATION BETWEEN THE WOOD TRIM AND THE SIDING, AND MORE IN DETAILED THE GAP BETWEEN SITE AND SLATS.
TWO E ANOTHER PICTURE OF THE SIDING ISSUES AND WOOD TRIM POPPING OUT FROM THE WALL.
NEXT SLIDE, EXHIBIT TWO F EXTERIOR AC APPLIANCE, BULL BREAKER BOXES, NOT PROPERLY ATTACHED TO THE WALL EXPOSED, SEEN ELECTRICAL WIRING.
NEXT SLIDE, EXHIBIT TWO G ELECTRICAL CONDUITS TO EXTERIOR AC APPLIANCE, UNH OR CONDENSER, NOT PROPERLY CONNECTED.
AND IN THIS CASE HEAVILY CORRODED NEXT SLIDE, EXHIBIT TWO H CHOSE THAT THE SECOND CHOSE THAT THE SECOND AC CONDENSER POOL BREAKER BOX IT'S MISSING THE SERVICE PANEL, COVER PLATE, EXPOSING ELECTRICAL WIRING, A POTENTIAL SAFETY HAZARD.
IT COULD BE A SYRUP CRACK ON THE BRICK WALL OUTSIDE OF ONE OF THE UNITS.
WHAT IS THE AFTER PARTY AND THE LAST, UH, THE LAST PICTURE, EXHIBIT TWO J UH, WATERS FEIGER OR BACK IN BREAKER BALL TO PREVENT WATER CONTAMINATION IS MISSING.
THAT'S CONCLUDE MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
AND INSPECTOR THE CONDITION, SHANNON, THESE PHOTOGRAPHS AND THOSE DESCRIBING THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE WAS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES SAT PROPOSED BY FACTS AND CONCLUSIONS OF LAW, RELEVANT DOCUMENTS AND EXHIBITS TWO A THROUGH TWO J, WHICH ARE PHOTOGRAPHS OF THE PROPERTY FOUNDATIONS, STAFF, ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS PROPERTY AND DENY THE APPEAL COMMISSIONERS.
THANK YOU, SUPERVISOR, RIGHT? UH, I'D ACTUALLY LIKE TO ASK THAT MY FELLOW COMMISSIONERS HOLD QUESTIONS UNTIL AFTER WE HEAR FROM THE PROPERTY REPRESENTATIVE.
UM, MR. NGUYEN, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED WITH YOUR, WITH YOUR, THANK YOU VERY MUCH.
WE ARE THE OWNER AT THE POLARIS.
IT'S ALL STARTED WHEN COVID-19 STARTED WITH A RUBBISH VIOLATION BY INSPECTOR BRIAN AMBERVILLE.
HE CAME OUT AND SHE CRASHED ON MY PROPERTY.
AND IT TURNS OUT THAT HOMELESS PEOPLE FROM THE UNDER THE HIGHWAY, ONE 83, OUR PROPERTY IS LOCATED
[00:45:01]
AT A BURNETT AND ONE OF THE TRADE ARE THESE HOMELESS PEOPLE, THE OVERFLOW FROM ONE OF THE FOOD.AND THEY COME ONTO MY PROPERTY AND SET UP TENT.
AND IN THE CORNER OF MY PROPERTY, I HAD TO GET THE POLICE OUT TO CLEAR THEM OUT AND CLEAN UP THE MESS.
I ATTACHED A PHOTO FOR, I ALREADY SENT, I DON'T KNOW WHETHER YOU CAN SEE MY PHOTO OR NOT, BUT THAT'S WHAT THEY DO.
I GET BOTH TRASH DUMPING ON MY GRASS, EITHER BY A NEIGHBOR WHO RECONSTRUCTION MOVING OUT MATTRESS FURNITURE.
AND MY IMMIGRANT WORKER, WHO'S JUST CONVENIENTLY DONE BECAUSE WE HAVE A NICE PATCH OF GRASS LOCATED IN THE CORNER.
AND I ALSO INCLUDED THE PHOTO TO SHOW THE, THE DUMPING AND IT HAPPENED EVERY MONTH AND I GET CALLED TO FIX IT AND CLEANED IT UP EVERY MONTH.
WE HAVE LONG-TERM TENANTS WHO HAVE BEEN WITH US FOR A LONG TIME.
SO WE ENDED UP HAVING TO PLANT FENCE POSTS.
I INCLUDE A PHOTO IN MY RESTART IT SO THAT WE PREVENT PEOPLE FROM DRIVE BY AND DUMPING FURNITURE APPLIANCE ON MY PATCH OF GRASS ROOTS IN THE CORNER OF BOWLING, GREEN AND POLYMERASE.
SO WE HAVE TO, BASICALLY, WE HAD TO CLEAN UP REPEATEDLY TO GET THE DUMPING.
AND BECAUSE OF THAT IN JULY, 2020, WE ARE PUSHED INTO IT.
WE ARE FORCED TO PAY A FEE OF $372 AND TO REGISTER AS A REPEAT OFFENDER, THAT WAS IN A LETTER FROM TRINETTE SAWYER TO US, FROM MY VIEWPOINT, IT LITERARY AND EXTORTION, BECAUSE FOR NO SERVICE RENDER, I'M BEING ASKED TO PAY A FEE, OKAY? BECAUSE THE CITY FAILED TO DO THE JOB OF KEEPING THE HOMELESS, SOLVING THE HOMELESS PROBLEM.
THE CITY, AS OF TODAY HAS NO SCHEDULE, BUT TRASH PICKUP SINCE MARCH, 2020, AND UNTIL THE REST OF THE YEAR, THEY WILL NOT DO ANY BULK TRASH PICKUP.
NOW THE CITY HAS FAILED TO DO A JOB.
AT LEAST I'M TALKING TO THE TRASH DEPARTMENT OR THE, OKAY.
SO BASICALLY BECAUSE OF CITY FAIL TO DO JOB TRASH PILE UP ON MY PROPERTY, I HAVE TO CLEAN UP THE CITY, FORCED ME INTO A REPEAT OFFENDER AND THEN REMIND ME TO PAY FOR A FEE TO DO THAT.
ANYWAY, GO ON TO SEPTEMBER 20, 20 AND INSPECTION BAHRAIN AND THE CREWS INSPECTOR IN OUR CREWS.
AS YOU POINT OUT IN HELLO, I THINK POINT THAT IN THE AFFIDAVIT, A LOT OF THINGS THAT HE MENTIONED ARE REALLY NITPICKING.
AS YOU CAN SEE, IT IS AN OLD 40 YEAR OLD BUILDING.
FIRST OF ALL, LET ME TALK ABOUT THE LEGAL SENSE IT'S UNIT THAT IS NOT A COMPLEX, AN APARTMENT ISSUE.
HE SHOULD HAVE WRITTEN ONE SEPARATE VIOLATION PER UNIT, NOT LUMPING ALL THE VIOLATION INTO, FROM ALL THE UNITS INTO ONE PROPERTY, RIGHT.
THERE IS NOT REALLY NOT PROPERLY LEGAL TO BE A CITATION IN THAT SENSE.
SECOND INSPECTOR HAS LACK OF COMMON SENSE AND CONSIDERATION FOR THE AGE OF THE BUILDING.
ACTUALLY A LOT OF NITPICKING AND THEY CALL IT THE FEATURE YOU CAN SEE FROM HIS PHOTO.
AND WE TRIED TO ATTEMPT TO FIX SOME OF THOSE THINGS YET.
I'M HERE TO SAY THAT WE FIX IT AND WE END THE PROCESS EFFECTS, FIXING IT.
THEN SEPTEMBER AFTER SEPTEMBER, HE HAD COME ANOTHER INSPECTOR.
AND HE COME UP WITH ANOTHER FIVE OR SIX VALIDATION, BUT THEY SAID THAT THE INSPECTOR BY THE NAME OF JOHNNY STERNER.
SO WHAT TELLING ME EITHER MR. AND DIDN'T DO A COMPLETE JOB.
HE DO A LOUSY JOB THAT KNOWLEDGE PICKED OUT NOW COME OUT IN A SECOND TIME, FIGHTING THE MORE THING ON TOP OF THE OLD THING.
AND THAT IS JUST LIKE, TO ME, LIKE A VULTURE BEHAVIOR, IT LOOKS LIKE THE INSPECTOR FIRE PROPERTY, THEY CAN JUMP ON AND THEY TAKE TURN ONE AFTER ANOTHER, COME OUT AND GAVE ME VIOLATIONS, WHICH IS VERY BAD.
I LIKE IF I HAVE TO FIX AND I MARRIED, FIXED SOME OF THOSE.
BUT THEN WITH A COVID-19 BACKGROUND, IT'S A TRYING TIME FOR SMALL BUSINESS, THE CDC ASSESS TAX AND COLLECT TAX IN FOR THE MORTGAGE.
[00:50:01]
OKAY.BUT ALL THIS, A COMBINER CODE VIOLATION, IF YOU LOOK AT IT IN THE GRAND CONTEXT, OKAY.
AND IT TAKE TIME TO FIX DURING THIS TRYING TIME.
SO BASED ON THE ABOVE CASE, I MENTIONED TO YOU, I'M REQUESTING THAT ALL THESE INGREDIENTS, THE MS, OR THE VIOLATION REPORT ME, THIS, THIS MISS, FIRST OF ALL, THE ILLEGALITY VIEWPOINT.
AND THEN ASKING EITHER FURTHERMORE IN THE CITATION, BUT IT'S 30 DAYS.
WELL, WE'RE IN COVID-19 PERIOD OF TIME.
WE NEED 16, 90 DAYS TO TAKE CARE OF ALL THIS PROBLEM.
THE CITY SUSPENDING THE SERVICE, THE COURT IS CLOSED AND THEY EXPECT US TO BEHAVE THE SAME THING TO, TO SERVICE ALL THESE THIS IN 30 DAYS.
SO I'M ASKING THAT ALL THESE VIOLATIONS WITH THIS MESSAGE ON THE BASIS OF THE FACT THAT IT'S DONE PROPERLY LEGAL IS IT'S HARASSMENT.
EVEN THOUGH SOME OF THEM IS VALID AND WE ONLY FIX IT WITH TRYING TO FIX IT.
AND IF WE ADD A VALID, WE, I ASKED THEM FOR MORE TIME, 90 DAYS TO FIX IT, NOT THE 30 DAY, USUAL TIME TO FIX IT.
AND FINALLY, I ASKED THAT I BE REMOVED FROM THE REPEAT OFFENDER PROGRAM BECAUSE THE CITY FAILED TO DO ITS JOB IN PREDICTING BOTH TRASH AND KEEPING HOMELESS OUT HOMELESS PEOPLE AT MY PROPERTY.
THIS GENTLEMEN, I HAVE A QUESTION FOR YOU, MR. EDWIN.
WHEN WAS YOUR PROPERTY PLACED ON THE REPEAT OFFENDER PROGRAM? WAS THAT JUST IN JULY? JULY? YES.
AND I HAVE TO PAY $392 TO DO THAT.
I FIRST I'VE HEARD SOME KIND OF THING, BUT, BUT THEN I PAID AS BEING A GOOD CITIZEN.
AND THEN EVERY, EVERY MONTH INSPECT NEW INSPECTORS COMING OUT, FINDING ALL THE THING, FINDING THINGS THAT MR. REYNALDO DIDN'T EVEN FIND BEFORE.
YOU, YOU, YOU STATED THIS IN YOUR TESTIMONY.
UM, I HAVE ANOTHER QUESTION TOO.
SO WHEN DID, WHEN DID YOU RECEIVE YOUR FIRST NOTICE OF VIOLATION ON THIS PROPERTY? THAT WAS BACK IN APRIL.
IN FACT, I WAS IN AUSTIN, IN MARCH.
I HAD TO CALL THE POLICE TO EVICT PEOPLE FROM MY PROPERTY WHO LIVE IN THE CORNER.
THEY SET UP TENT, THEY BUILT A VERY ELABORATED THING WITH A HIGH CRASH LUMBER FROM SOMEWHERE.
I HAD TO CALL THE POLICE AND STRUGGLED WITH THE POLICE TO GET THEM OUT.
AND THEN AFTER THAT PEOPLE DIED BY DUMPING AND I HAVE TO HIRE SOMEBODY TO PLAN THE FENCE POST SO THAT PEOPLE DON'T DO THAT ANYMORE.
SO THE VERY FIRST VIOLATION YOU'VE HAD ON THIS PROPERTY WAS APRIL OF 2020.
IS THIS YEAR, IS THAT CORRECT? OKAY.
IN FACT, THE BRIAN EVER VIEW, SO RIGHT NOW IT PUT IT THIS YEAR.
I HAD TO DEAL WITH THREE INSPECTOR.
EACH OF THEM COME, COME UP WITH A DIFFERENT SIDE OF SALVATION.
I'M GOING TO GO AHEAD AND OPEN THIS UP TO OTHER COMMISSIONERS TO ASK QUESTIONS OF BOTH YOU AND THE, UH, CITY CODE OFFICER, AS WELL AS THEIR COMMISSIONERS.
I USED TO LIVE IN AUSTIN FOR A LONG TIME, BUT MY PARENTS BEING OLD AND SICK, I HAVE TO MOVE TO OVER HERE TO TAKE CARE OF MY PARENTS.
THEY NORMALLY, I TRAVEL BACK TO AUSTIN TWO OR THREE TIMES A YEAR TO TAKE CARE OF THE PROPERTY.
BUT GIVEN THE COVID 19, I CANNOT.
UM, I DO THINK THOUGH THAT, YOU KNOW, IF YOU'RE GOING TO HAVE, UH, COMMERCIAL PROPERTIES, HAVE YOU CONSIDERED SOME TYPE OF MANAGEMENT COMPANY, BUT THOSE ARE NOT COMMERCIAL PROPERTY, SIR.
THEY ARE CONDO THAT I GOT AND RENTED OUT.
THEY ARE NOT COMMERCIAL PROPERTY.
THAT'S WHERE THE MISUNDERSTANDING IS.
PEOPLE THINK THAT IS AN UPON NOW THEY'RE, THEY'RE THEY'RE REVENUE GENERATING FOR YOU, SIR, BUT THEY'RE NOT NECESSARILY HOMESTEADED OR, UH, UH, YOUR PERMANENT RESIDENCE.
IS THAT CORRECT? IT IS A RESIDENTIAL RENTAL UNIT YET, BUT HE'S NOT A COMMERCIAL.
IT'S NOT AN APARTMENT NOW, BUT AS, AS A COMMERCIAL, UH, OR EXCUSE ME AS A RESIDENTIAL RENTAL, AS YOU, AS AN OWNER, YOU HAVE SOME RESPONSIBILITY TO MAINTAIN IT.
AND IT SEEMS LIKE THE VIOLATIONS ARE SOMETHING THAT YOU COULD HANDLE THERE.
[00:55:01]
UM, YOU KNOW, WE CAN'T IT'S FEDERATION THAT ALMOST ARE THERE, UM, AND POTENTIALLY, UH, UH, UH, PROVIDING, UH, UH, HAVE YOU HAD ANYBODY FROM YOUR MANAGEMENT TEAM, UH, REGULARLY REPORT THAT TISSUE TO A CITY CODE OR STATE? I'M NOT SURE I UNDERSTAND YOUR QUESTION.I DO HAVE A PROPERTY MANAGER WHO ONLY COLLECT RENT AND MAINTENANCE, MAINTENANCE, AND REPAIR AS NEEDED.
THEY'RE LIKE COLLECTING ALL THESE TRASH, HIRING SOME PEOPLE TO COLLECT ALL THE TRASH BEING DUMPED ON MY PROPERTY.
UM, DO YOU OWN OTHER PROPERTIES IN AUSTIN? YES, I DO THINK OF THAT AND I THINK OF DUPLEX AND THEY DO OWN US AND I DO BACK IN SOUTH AUSTIN.
DO YOU HAVE THEM ALL MANAGED BY THE SAME PEOPLE? CORRECT.
I HAVE A QUESTION FOR CODE OFFICER CRUZ.
SO IS THIS CORRECT? THE ONLY VIOLATIONS THAT THIS PROPERTY HAS HAD, THE FIRST ONE CAME AND CAME ABOUT IN THE SPRING OF 2020, JUST APRIL OF 2020? NO.
BEFORE COMING TO THE REPEAT OFFENDER PROGRAM, I JUST MADE A RESEARCH AND SINCE 2019, UP TO, BEFORE COMING TO THE PROGRAM, THEY HAVE 25 COMPLAINTS.
YOU REMIND US, COULD YOU REMIND US AGAIN? I'M SORRY.
UH, OFFICER CRUZ, IF YOU COULD JUST REMIND US AGAIN, WHAT IS THE TRIGGER FOR PLACING A PROPERTY ON THE REPEAT OFFENDER PROGRAM TO, UH, MAKE THE REQUIREMENT FOR THE REPEAT OFFENDER PROGRAM? IT'S, UH, AN A TIME LAPSE OF TWO YEARS RECEIVING FIVE NOTICES OF VIOLATION IN THIS CASE, UH, HE RECEIVED OVER A 20 NOTICE OF VIOLATION, BUT THE MOST OF THAT WAS FOR ILLEGAL DUMPING, BUT IT DOESN'T MATTER WHAT KINDS OF COMPLAINT WE RECEIVED.
IT'S IF HE RECEIVED MORE THAN FIVE NOTICE OF VIOLATION IN THE LAST TWO YEARS, IT MADE THE REQUIREMENTS TO BE, AND THE REPEAT OFFENDER PROGRAM.
I CANNOT HAVE HOW MANY VIOLATION BEEN CHARGED DUMPING WITHIN TWO YEARS? THIS IS BECAUSE PEOPLE COME AND DUMP ON MY PROPERTY AND I'M BEING PENALIZED FOR IT.
I'LL PAY FOR THE CLEANUP EVERY TIME YOU COME BACK AND GIVE ME A VIOLATION.
IT COST ME MONEY, TIME AND EFFORT.
AND THEN YOU PUT ME ONTO AN OFFENDER REPEAT OFFENDER PROGRAM.
I UNDERSTAND YOUR FRUSTRATION.
UM, I DO HAVE A FOLLOW-UP QUESTION FOR QUOTE, OFFICER CRUZ.
SO, UM, SO EACH NOTICE OF VIOLATION THAT WOULD BE FOR A DIFFERENT DATE.
IT'S NOT JUST THAT 20 PEOPLE WERE CALLING TO COMPLAIN ON THE SAME DAY ABOUT THE SAME EVENT.
IS THAT CORRECT? OH, I, I, UH, IT'S A COMPLETE DIFFERENCE, UH, NOTICES OF VIOLATION.
WE DON'T, WE COUNT IF IT COMES FROM THE SAME DAY, IT COUNTS AS ONE, BUT IT'S, IT WAS, IT WAS, UH, NUMEROUS ITEMS. YES.
AND ACTUALLY I'M GOING TO CHECK AND SEE IF MY FELLOW COMMISSIONERS HAVE ACCESS TO THE BACKUP DOCUMENTS.
NOW I KNOW THERE WAS SOME QUESTION IF WE WERE ALL ABLE TO ACCESS ALL OF THE BACKUP DOCUMENTATION, UH, MR. BERSANI, ARE YOU ABLE TO ACCESS IT? YEAH, SO I ACTUALLY HAVE EVERYTHING HERE.
UM, IF WE NEED SOMETHING SPECIFIC, UM, JUST, UH, LET ME KNOW WHERE, WHERE TO FIND, AND I'LL TRY TO BRING IT UP OR I'LL HAVE, UH, OR MELANIE CAN, UH, CAN HELP ME OUT TOO.
JUST TO ANSWER YOUR QUESTIONS.
I STILL HAVEN'T HAD ANY OF THE GOOGLE, UH, INFO ON THE, UM, ON ALL THE CASES AND, UM, I GUESS JUST HAVE TO WAIT TILL IT POPS UP AS THE OFFICER OR WHENEVER I BRING IT UP.
ACTUALLY I HAVE A REQUEST FOR DANIEL.
IF YOU COULD BRING UP THE, IT LOOKS LIKE EXHIBITS ONE AND TWO FOR 2301
[01:00:01]
POLARIS AVENUE.SO IS THERE A SPECIFIC PAGE YOU'D LIKE, I'VE GOT IT AT THE END HERE, BUT YEAH, I KNOW IT'S, IT'S QUITE A LENGTHY DOCUMENT.
UH, I THINK IT PROBABLY WOULD BE HELPFUL TO HAVE THE VIOLATION REPORT, WHICH IS IT'S TOWARDS THE PAGE.
THE VIOLATIONS ON THE STRUCTURE OF THE, UM, OF THE BUILDING THEMSELVES OR THE BUILDING ITSELF, THE UNIT SO MUCH A THING.
UH, THERE'S NOTHING, NONE OF THESE VIOLATIONS AT THIS POINT, IN THIS PARTICULAR CASE, UH, AS ANYTHING TO DO WITH THE, UH, THE ILLEGAL DUMPING ON THE, UH, ON THE PROPERTY AT THIS POINT FOR THIS, UH, FOR THIS CASE THIS MONTH, CORRECT? THAT'S CORRECT.
THE ONLY, UH, ON ANOTHER, UH, SECTION OF THE ORDINANCE THAT I SIGNED WAS FOR THE TRASH CAR.
THAT WAS A LAB OUTSIDE, UH, FOUR WEEKS THERE, THERE WAS, THAT WAS OUTSIDE FOR WEEKS AND WEEKS.
SO I JUST SENT, UH, AND I CITED FOR THAT REASON AS WELL.
WELL, YOU SHOULD SIGN THE TENANT BECAUSE THE TENANT PAY FOR THE AUSTIN SERVICE AND YOU DON'T HAVE A
WE, WE ARE STILL OPEN FOR THE PUBLIC HEARING.
UM, WE, WE DO, WE WOULD APPRECIATE A LITTLE MORE COURTESY, UM, IN THE BACK AND FORTH.
WE, WE DO WANT TO HEAR YOUR SIDE OF THE STORY.
UM, BUT THAT, THAT WAS, THAT WAS A LITTLE ONE A MARRIED, THE MAIN REASON IS LACK OF COMMON SENSE FROM THE INSPECTOR.
UM, I JUST WANTED TO POINT OUT, I THINK A LOT OF WHAT THE, UM, CODE INSPECTOR SHOWED US TODAY WERE SOME THINGS THAT RELATED TO ELECTRICAL, UH, ISSUES RELATED TO THE AC UNIT AND OTHER THINGS THAT, YOU KNOW, LIKE WIRE HOURLY, EXCUSE ME, EXCUSE ME.
I WOULD, I'M JUST TRYING TO POINT OUT HE, HE DIDN'T EVEN SHOW US ANYTHING ABOUT THE TRASH AND THE THINGS THAT WERE SHOWN TODAY ARE DANGEROUS.
AND I THINK THAT'S WHAT WE NEED TO FOCUS ON RIGHT NOW.
SO WE CAN'T JUST DISMISS EVERYTHING WHEN THERE IS SOME DANGEROUS THINGS HERE THAT NEED TO BE ATTENDED TO.
AND I, I UNDERSTAND AND HEAR THAT THERE ARE OTHER ISSUES GOING ON THAT ARE DIFFICULT TO DEAL WITH, BUT, UM, YOU KNOW, WE CAN'T IGNORE THESE OTHER THINGS.
I AGREE WITH SOME OF THE THING THAT, THE ITEM THAT MR. CRUZ POINT OUT AND I NEED TO BE FIXED AND WE TAKE THAT AND SAY, I'LL FIX IT.
AND WHAT I'M ASKING FOR FIRST OF ALL, IS MORE TIME TO TAKE CARE OF NOT THE 30 DAYS.
IS TO BE ABLE TO FIRST IS TO HAVE MORE TIME TO FIX IT.
AND BE ABLE TO DEAL WITH ONE INSPECTOR INSTEAD OF EVERY TIME A NEW INSPECTOR COME OUT.
THEY DIG UP DIRT, BUT SOMETHING JUST TO WRITE UP A REPORT, WHICH IS, I MEAN, EITHER THEY DON'T KNOW WHETHER EITHER FAMILIES FROM THE INSPECT, THE ORIGINAL REPORT, A LOT OF THINGS YOU SEE ON THE PHOTO, THERE ARE MOSTLY COSMETIC.
IT'S NOT SOMETHING THAT, I MEAN, GOING CARS AND GETTING TO COLLAPSE OR ANYTHING ELECTRICAL.
IT HAD BEEN THE OLD ENOUGH WE'LL FIX IT.
BUT ALL THE THINGS LIKE THEY CALL IT THE PANEL AND TRIM WINDOW TOO.
SO CHRONIC, THEY CALL IT FLAMES.
[01:05:01]
WILL FIX IT.COMMISSIONER STOVES SAID, MR. KEVIN, IF YOU COULD PLEASE PAUSE AT SOME OF THESE DOSE STATUS.
I HAVE A QUESTION FOR THE CITY, UM, IS, UH, MR. CRUZ'S, UH, OFFICER, IS IT YOUR POSITION THAT, UH, ANY OF THE WERE FOR MATTERS THAT WERE, UM, QUOTE UNQUOTE COSMETIC OR, UH, NITPICKING.
WERE YOU ABLE TO START WITH THESE QUESTIONS? ARE YOU RE REPEAT THE QUESTION AGAIN? I KNOW, I'M SORRY.
I JUST WANTED, I WAS HOPING YOU MIGHT RESPOND TO THE SUGGESTION BY THE PROPERTY OWNER THAT YOU'RE, UH, UH, ANY OF THE CITATIONS WERE, UH, QUOTE UNQUOTE, UM, UH, COSMETIC OR NITPICKING.
UM, JUST WANTING TO HEAR FROM YOU ON THAT.
WAS, UH, AT LEAST, UH, ALL THE VIOLATIONS THAT I HAVE SERVED THAT DAY WERE A VIOLATION ON THE CITY OF AUSTIN PROPERTY MAINTENANCE CODE.
AND THAT'S WHAT I SIGNED HIM ALSO WITH AN INTERVIEW WITH THE PROPERTY MANAGER.
HE TOLD ME THAT HE INSTALLED A, AN AIR CONDITION UNIT AND ALL THE WINDOWS INSTALLING UNIT ONE OH ONE.
UH, I VERIFY THAT ON AMANDA PERMIT DATABASE AND THEIR WORRY STOLE WITH NO PERMITS.
SO I SENT TWO NOTICES OF VIOLATION, REGARDLESS THAT ISSUE AS WELL.
THAT WAS JUST, THAT WAS MY ONLY QUESTION.
COMMISSIONER STUFFS SAID, UH, MR. NGUYEN, IS THERE SOMETHING YOU'D LIKE TO ADD TO THAT BRIEFLY, PLEASE? IT'S NOT LIKE I INSTALLED A NEW UNIT.
THE WHOLE UNIT WAS BROKEN AND WE HAVE IT A NEW UNIT, BUT TO TWO NEW CODE, NEW FREON, NEW EVERYTHING, BECAUSE THE LIEUTENANT DOESN'T HAVE AIR CONDITIONING IN THE SUMMER.
WE HAVE INSTALLED A NEW UNIT, BASICALLY.
THE SAME THING, THE WINDOW WE DO THAT IS DOCKS OPEN OUT A NEW OPENING, A NEW WINDOW.
WE HAVE TO INSOMNIA WE'LL KNOW MORE EFFICIENT WITH IT.
IT SAYS IT IS ACTUALLY PLACING A TIE ON MY CAR.
IT'S NOT LIKE I PUT INTO A BIGGER TIE OR CONVERT MY CAR INTO A VAN OR SOMETHING ELSE.
NO, IT'S JUST A REPAIR ITEM FROM A PROPERTY, A RENTAL THING, BRO.
WE REPLACE, WHY DO I NEED PURPOSE? IT'S NOT A NEW CONSTRUCTION.
IT'S THE SAME SIZE YOU NEED THE SAME THING, THE SAME, THE SAME THING.
WHY DO YOU PERMIT MR. NGUYEN? WE UNFORTUNATELY CANNOT CHANGE CITY CODE.
UM, IT IS REQUIRED TO GET A PERMIT FOR SOMETHING LIKE THAT.
AND I'M SORRY, WE, WE CANNOT GO AGAINST THAT AS A COMMISSION.
UM, BUT SO I WOULD LIKE TO WHAT I BELIEVE THAT THIS SCENARIO IS HERE.
WELL TO, TO GET A PERMIT IT'S OKAY.
I UNDERSTAND WHAT IT TAKES TO GET IT PERFECT.
THE PERSON OUT THERE UP THERE TO SPEND A WHOLE DAY TO GET A PERMIT.
WE SHOULD, NO, THE CITY REGULATIONS REQUIRE A PERMIT.
IF YOU HAVE TO FIX SOMETHING, YOU NEED TO FOLLOW THE RULES.
AND PART OF THAT IS TO FOLLOW BIO AND GET A PERMIT.
I'M VERY SYMPATHETIC TO YOU AS A SMALL BUSINESS PERSON IN THE PANDEMIC, BUT YOU NEED TO FOLLOW THE RULES AND THE LAW, RIGHT? YEAH.
NOT MAKING IT EASIER TO GET A PERMIT, SAY A LICENSE, GETTING A PERMIT.
AND I APOLOGIZE, AND I UNDERSTAND THAT IT IS CHALLENGING TO GET A PERMIT IN THE CITY OF AUSTIN, BUT IT IS REQUIRED.
WHAT WE CAN ADDRESS TONIGHT IS WHETHER OR NOT WE BELIEVE THAT THE VIOLATIONS, THE NOTICE OF VIOLATION WITH CORRECT TO DO THAT.
UM, I UNDERSTAND YOU ARE UPSET ABOUT THAT.
YOU ARE ALSO UPSET ABOUT BEING PLACED ON THE REPEAT OFFENDER PROGRAM.
UM, BUT THE ONLY THING WE CAN ADDRESS TONIGHT ARE THE VIOLATIONS THAT WERE REPORTED ON SEPTEMBER 16TH OF 2020.
AND FROM WHAT WE HAVE SEEN NOW, YOU, YOU ARE CONCERNED ABOUT THE TIMEFRAME GIVEN TO COMPLY, YOU KNOW, TO BRING EVERYTHING INTO COMPLIANCE.
[01:10:01]
DECEMBER OF 2020, IT'S NEARLY 90 DAYS AFTER THOSE, THOSE NOTICES WERE ISSUED.I UNDERSTAND THAT IT IS DIFFICULT TO GET THINGS DONE DURING THE TIME OF COVID, BUT YOU'VE NOW HAD NEARLY 90 DAYS.
AND YOU'RE STILL COMPLAINING ABOUT THESE, THESE VIOLATIONS AND THE COMMISSION AS A COMMISSIONED, ALL WE CAN CONSIDER TONIGHT IS WHETHER OR NOT THE NOTICE OF VIOLATIONS THAT WERE REPORTED ON SEPTEMBER 16TH OF 2020 WERE LEGITIMATE.
OR IF WE, IF WE AGREE WITH YOU INSTEAD THAT THEY SHOULD BE APPEALED, THAT'S ALL WE CAN CONSIDER TONIGHT.
FROM ILLEGALLY, WE WILL POINT IT IS ILLEGAL TO LUMP ALL THE VIOLATION ON MORE DIFFERENT UNIT, INDIVIDUALLY DEEDED UNIT INTO ONE VIOLATION JUST BY THAT ALONE.
THAT THING HAS TO BE THROWN OUT.
A LOT OF ITEMS THAT MR. CRUZ POINT OUT IN HIS, UM, REPORT, THE REASON I'M APPEALING IS BECAUSE OF FRUSTRATION, MOON BUSINESS, IN THIS TRYING TIME WITH A LOT OF NITPICKING AND THING THAT DOESN'T HAVE ANY IMMEDIATE IMPACT ON THE STRUCTURAL OR THE SAFETY OF THE PROPERTY.
AND THE THIRD REASON IS THE REASON I'M HERE IS BECAUSE THE CD FAILED TO DO ITS JOB IN COLLECTING BOTH TRASH, PREVENTING, HOMELESS PEOPLE TO CHARGING MY PROPERTY.
AND I'M ENDED UP IN THIS DILEMMA.
AGAIN, ALL WE CAN CONSIDER AS A COMMISSION IS WHETHER OR NOT THE NOTICE NOTICES OF VIOLATION FOR SEPTEMBER 16TH, 2020 WERE LEGITIMATE.
THERE ARE NO FINES BEING LEVIED AS OF YET.
UM, ALL WE CAN CONSIDER IS THE LEGITIMACY OF THESE NOTICES OF VIOLATION.
DO I HEAR A MOTION FROM ANY OF MY FELLOW COMMISSIONERS? YEAH, THIS IS WORDY THOMPSON AND I HAVE TWO THOUGHTS.
UH, ONE IS THAT I'D SAY IN ALL DUE FAIRNESS AND, UH, APPRECIATING OUR, UH, UH, CITIZENS OF OUR HOME, HER OUR OWNER'S POSITION IS IT WOULD PROBABLY BE VERY HELPFUL FOR HIM.
IF HE COULD FIND SOMEONE WHO COULD REPRESENT HIM AND HELP, WHO IS VERY MORE, UH, MORE AWARE OF THE WAYS WE, UH, THESE, UH, ITEMS ARE HANDLED.
AND I WOULD HOPE THAT HE WOULD BE ABLE TO DO THAT AND AGREE TO DO IT IN PERCEPT.
UH, HE WOULD, IT WOULD SAVE HIM AN AWFUL LOT OF GRIEF.
AND SECOND, UH, WOULD IT BE AN ORDER FOR ME NOW TO CALL FOR THE QUESTION? UH, DO WE NEED A MOTION? DO WE, DO WE FIRST NEED A MOTION TO CLOSE THE PUBLIC DISCUSSION OR WE, WE CAN CHOOSE, WE CAN CHOOSE TO CLOSE THE PUBLIC HEARING OR LEAVE IT OPEN THAT CAN BE ADDRESSED IN EMOTION.
AND THEN WE WOULD NEED A MOTION UPON WHICH TO, TO, TO VOTE.
I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING FIRST, THEN WE CAN DISCUSS FOR IF WE WANT TO CLOSE THE PUBLIC HEARING.
IS THAT COMMISSIONER STILL SAID IT WAS RIGHT? SORRY, PLEASE.
IT, AND IT WAS COMMISSIONER MILLER WHO FIRST MADE THE MOTION.
SO THE PUBLIC HEARING IS CLOSED.
UM, LET'S DISCUSS, THIS IS MELANIE.
UM, HAVE WE ADMITTED THE EXHIBITS? UH, NO, WE HAVE NOT.
UM, YES, I'LL GO AHEAD AND ACTUALLY, LET ME GET BACK TO THE READER TO SEE WHAT THE EXHIBITS WERE CALLED.
I WILL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBITS ONE AND TWO, AND THE APPLE AND DOCUMENTS.
THAT'S NOT ACTUALLY AN EXHIBIT.
THOSE WERE DOCUMENTS BY THE APPELLANTS, UH, SHERIFF FIBER, UH, THE APPELLANT'S DOCUMENTS ALONG WITH STAFF STAFFING.
IT SHOULD BE ADMITTED INTO EVIDENCE.
AND I WILL ALSO GO AHEAD AND ADMIT THE APPLE AND DOCUMENTS AS WELL.
NOW WE CAN PROCEED WITH THE DISCUSSION.
SO I GUESS I HAVE SOME QUESTIONS ABOUT THIS.
[01:15:01]
VIOLATIONS WERE NOTED IN SEPTEMBER.UH, I MEAN, FIRST, YOU KNOW, VIOLATIONS BEGAN IN APRIL, BUT THE MOST RECENT VIOLATIONS WERE NOTED IN SEPTEMBER.
IT'S ON THE REPEAT OFFENDER LIST, BUT THERE HASN'T BEEN A RECOMMENDATION THAT SAYS, FIX THEM BY THIS TIME OR START PAYING THE FINE.
IT'S JUST, THEY'VE JUST BEEN CITED.
IS THAT CORRECT? THE PROPERTY OWNER HAS BEEN GIVEN THE NOTICES OF VIOLATION AND, BUT NOTHING HAS COME BEFORE IT HAS YET COME BEFORE THE COMMISSION.
WHAT THEY'VE BEEN, THEY'VE BEEN IDENTIFIED AS REPEAT OFFENDER, RIGHT? YES.
AND THE PROPERTY IS NOW IN THE REPEAT OFFENDER.
SO ONCE SOMEONE'S IN THE REPEAT OFFENDER PROGRAM, THAT DOESN'T REQUIRE THAT THEY COME BEFORE US, OR THAT THERE'D BE A TIMELINE FOR REPAIR AND CONSEQUENCES ATTACHED.
THERE ARE CONSEQUENCES ATTACHED.
I DON'T BELIEVE THAT IT REQUIRES, UM, NECESSARILY A HEARING BEFORE THIS COMMISSION.
UM, FOR THE REPEAT OFFENDERS PROGRAM, THEY ARE GIVEN NOTICE BY THE DEPARTMENT NATIONALLY, THE DEPARTMENT SENDS OUT THAT NOTICE APART FROM THAT POINT FORWARD, THE ONLY TIME IT WOULD COME IN FRONT OF THE COMMISSION IS THERE IS A CASE THAT THE DEPARTMENT CANCEL THE PERMISSION FOR REPAIR ORDER DEMOLISHED AT NIGHT.
AND IN THAT SITUATION, THE PERMISSION IN THE CASE TO MAKE A DECISION ABOUT WHAT STEPS NEED TO BE TAKEN WILL BE WHAT WILL BE ASSESSED THE ONLY REAL TIME THAT A REPEAT OFFENDER PROPERTY POTENTIALLY IT CAN BE THIS COMMISSION FOR ACTUAL ACTION RELATED TO THE REPEAT OFFENDER PROGRAM WOULD BE IF THE DEPARTMENT SUSPENDS OR VOTES THEIR REGISTRATION WHAT'S BEFORE THE COMMISSION TODAY IS JUST THE NOTICE OF VIOLATION WHEN THEY HAVE A NOTICE OF VIOLATION AND THEY'RE ABLE TO AKILAH, IT COMES TO THIS BODY AND THE APPEAL, THE COMMISSION MAKES A DECISION WHETHER TO AGREE WITH STATS, NOTICE OF VIOLATION, TO DISAGREE WITH THAT NOTICE OF VIOLATION OR MODIFY THE NOTICE OF VIOLATION.
AND THEN FROM THAT POINT FORWARD, WHATEVER HAPPENS THAT WE'LL CONTINUE TO MONITOR THE CASE.
AND THERE'S A TIME FOR ANY TIMEFRAME THAT'S CHANGED.
THEY WILL MONITOR IT IN RELATION TO THAT FOR THE STAYS THE SAME, WE'LL CONTINUE TO MONITOR MONITOR IT.
AND IT, LET ME COME BACK TO THE PERMISSION FOR A NATIONAL COMMISSION.
THE COMMISSIONER'S TOAST HAD, UH, MS. LINCOLN, COULD YOU ELABORATE THAT ON THAT JUST A LITTLE BIT FURTHER? I, I, I GUESS I'M JUST A LITTLE BIT CONFUSED ABOUT THE PROCEDURAL PASTURE WE FIND OURSELVES IN.
SO, SO THIS IS AN APPEAL FROM JUST THE NOTICE.
EH, SO, SO IF SOMEBODY IS NOTICED FOR VIOLATION BY CODE, BUT THE, THE COMMISSION HASN'T DONE ANYTHING YET THAT THEY CAN APPEAL FROM THAT NOTICE IS, IS THAT SORT OF WHERE WE FIND OURSELVES? AND, AND THE REASON I ASK, I MEAN, I HAVEN'T BEEN ON THE COMMISSION FOR VERY LONG.
I, YOU KNOW, I MAY BE, UH, A YEAR IN CHANGE, BUT I DON'T, I DON'T FEEL AS THOUGH I'VE ENCOUNTERED THIS BEFORE.
AND SO I'M JUST TRYING TO MAKE SURE I UNDERSTAND WHERE WE ARE.
SO ONCE CODE CONFIRMS THAT A VIOLATION EXISTS AND THEN WE'LL ISSUE THE NOTICE OF EVALUATION, DEPENDING ON THE TYPE OF LANGUAGE IN THERE MAY BE AN APPEAL RIGHT ASSOCIATED WITH THAT MEMORIES.
YES THAT'S BEFORE YOU TODAY, IT HAS SOME APPEARANCE.
AND SO THAT'S WHY IT'S IMPORTANT TO GIVE YOU AS THE PROPERTY OWNER DECIDED TO APPEAL.
AND THEN YOU WILL MAKE A DECISION ABOUT A NOTICE OF VIOLATION, WHETHER IT SHOULD SAY THE SAME CHANGE OR JUST SHE SHOULD, OR YOU CAN MAKE SASHA NOT OFFICIATED AT ALL, THAT WOULD BE A MATCHING AS WELL.
AND THEN AGAIN, ONCE YOUR DECISION IS MADE IN, STAFF WILL MONITOR THE CASE AS REQUIRED.
I JUST WANT TO ADD IN ONE THING, TIMOTHY, JUST FOR CLARIFICATION.
SO STRUCTURAL NOTICE, UM, ANY STRUCTURAL MAINTENANCE VIOLATIONS, THE APPEAL ROUTE FOR THAT IS BSC, UM, PROPERTY AND IS HANDLED IN-HOUSE BY OUR DIRECTOR.
AND CURRENTLY THERE IS NO APPEAL FOR A LAND USE VIOLATION.
UM, SO SOME, SOME APPEALS ARE HANDLED IN HOUSE AND THEN SOME, YOU HAVE THE AUTHORITY TO HEAR SO ON OUR STANDARD NOTICES OF VIOLATION, THE STRUCTURAL MAINTENANCE VIOLATIONS, IF MET CRITERIA CAN BE APPEALED, AND THEN THAT WOULD
[01:20:01]
ALWAYS BE PRESENTED IN FRONT OF YOU, SUCH AS TONIGHT.I THINK WE'RE ALL TRYING TO WRAP OUR HEADS AROUND THIS.
I HAVE A COUPLE OF COMMENTS TO MAKE HERE.
UM, YES, I WOULD, UH, KIND OF A POINT PERSON ON RENTAL REGISTRATION EIGHT, NINE YEARS AGO, WHATEVER IT WAS.
AND THE POINT WAS IS WE WANTED PEOPLE, WE WANTED THE LANDLORDS AND REAL ESTATE OWNERS TO ADDRESS THE ISSUES THAT WERE SAFETY VIOLATIONS.
AND WE WANTED TO BE SURE THAT WE HAD GOOD ACTORS INVOLVED IN RENTAL RENT IN RENTAL PROPERTIES AND RENTAL REGISTRATION.
AND I CAN UNDERSTAND THIS GENTLEMAN'S A CONCERN IF HE WOULD COME UP WITH A PLAN TO ADDRESS THE VIOLATIONS.
AND I THINK IF HE'S GOING TO BE A NON-RESIDENT LANDLORD, IT NEEDS TO HAVE A MANAGEMENT TEAM THAT WILL CALL CITY SERVICES OR STATE SERVICES.
WHEN THEY'RE DUMPING ON THIS PROPERTY.
A LOT OF THIS COULD BE, UH, UH, DOCUMENTED AND CONTAINED.
THERE'S SOME RESPONSIBILITY ON BOTH PARTIES.
AND I THINK, UH, UH, SUMMARY THAT'S KIND OF WORKED ON MAKING SURE THAT LANDLORDS RESPOND TO TENANT CONCERNS ABOUT SAFETY VIOLATIONS AND HAVING THESE ELECTRICAL, UH, DISTRIBUTION POINTS OFF THE WALL.
THAT'S AN ISSUE, BUT, AND THAT NEEDS TO BE ADDRESSED WITHIN A CERTAIN TIMEFRAME.
UM, SO MY POINT IS, IS THAT, UH, UH, WITHIN THE RENT RENTAL REGISTRATION, UH, REGULATIONS AND THE CODE AND FORTH AND OPPORTUNITIES, YOU KNOW, WHEN YOU FIND A PLACE WHERE THESE WILL BE ADDRESSED QUICKLY, RESPONSIBLY, AND THEN, BUT A THING IS WHERE THEY'RE OUTSIDE OF THE LANDLORD'S CONTROL BY, UM, BOTH DUMPING FROM UNDER ONE 83.
AND THIS PROPERTY IS VERY CLOSE TO ONE 83 AND BURNET ROAD THAT MAY BE A CONSISTENT CONCERN.
I I'M ACTUALLY A LITTLE CONCERNED.
UM, NOW THAT THIS PROPERTY HAS BEEN PLACED ON THE REPEAT OFFENDER PROGRAM, I AM CONCERNED THAT A NOTICE OF VIOLATION FOR SOMETHING LIKE, UH, A COVER FOR A DRYER VENT THAT IS MISSING, THAT THAT WILL CONTRIBUTE TO THIS LONG AND ARDUOUS JOURNEY TO GET THEMSELVES OFF OF THE REPEAT OFFENDER PROGRAM.
I DO AGREE ELECTRICAL ISSUES ARE CONCERNING AND, AND THE WHOLE, SOME OF THE VIOLATIONS IS THAT YES, THIS PROPERTY DOES NEED SOME ATTENTION.
UM, BUT I DO FEEL LIKE THIS IS NOT IN HORRIBLE SHAPE COMPARED TO SOME OTHER PROPERTIES THAT UNFORTUNATELY HAVE COME THROUGH THE COMMISSION.
UM, BUT I WOULD LIKE TO SEE IT CLEANED UP.
I WOULD LIKE SOME ATTENTION PAID TO IT, AND I CANNOT ARGUE THAT, YOU KNOW, THESE, THESE ARE LEGITIMATE VIOLATIONS.
I JUST WISH THAT IT HADN'T ALL PILED ON DURING THIS YEAR WITH COVID-19 AND PERHAPS SOME UNFAIR, UM, YOU KNOW, DUMPING ON THE PROPERTY BECAUSE OF ITS PROXIMITY TO ONE 83.
IT'S, IT'S A SHAME THAT EVERYTHING IS KIND OF SNOWBALLING RIGHT NOW, BUT I ALSO DON'T SEE THAT WE, THAT THESE VIOLATIONS ARE NOT LEGITIMATE.
I THINK THAT ADDRESSING THE SPECIFIC ISSUES WITH, WITH, UH, ELECTRICAL LAB OF PROPERTIES AND WINDOWS THAT ARE RIGHT AT THE PROPERTY NEEDS TO BE DONE RIGHT AWAY.
BUT I ALSO THINK THAT THERE'S A COMMUNITY RESPONSIBILITY TO ADDRESS THE ISSUE ABOUT THE HOMELESS DUMPING.
UH, I DO IT ON MY PROPERTY, UM, SOMETHING, UH, UH, UH, REFUSE ON SOMEBODY ELSE'S, UH, PRIVATE PROPERTY.
UM, I WOULD LIKE TO MAKE A MOTION TO DENY THE APPEAL.
ANY FURTHER DISCUSSION? WE HAVE A MOTION AND A SECOND.
UH, THIS IS JAMES FROM
I MEAN, THESE VIOLATIONS ARE OBVIOUS.
[01:25:01]
THE POINT FROM THE, A HOMO, THE, UM, THE OWNER OF THE PROPERTY, WHETHER THEY HAD, I MEAN, OBVIOUSLY THEY HAD 90 DAYS TO TRY TO TAKE CARE OF THIS.WHAT, WHAT AMOUNT OF TIME WOULD THEY, I DIDN'T HEAR A TIMEFRAME FROM HIM AS FAR AS HOW LONG THE, UM, HE WOULD NEED TO GET THOSE THINGS TO IN COMPLIANCE, GIVEN THE FACT THAT HE'S ALREADY HAD TIME 90 DAYS.
I MEAN, HE'S COMPLAINED ABOUT THE, THE HOMELESS, UH, ILLEGAL DUMPING, UH, WHICH REALLY DOESN'T PERTAIN TO WHAT WE'RE DISCUSSING RIGHT NOW.
BUT, UM, I WAS JUST A LITTLE CURIOUS AS TO THAT.
I KNOW WE'VE GOT THE, UH, IT CLOSED THE COMMISSIONING COMMISSION, UH, FIND THAT IT'S A, THEY HAVE A SUFFICIENT AMOUNT OF TIME, 90 DAYS TO HAVE THIS THING REPAIRED.
HE, HE HAD PROVIDED US ANY EVIDENCE AS FAR AS, UM, ANY PICTURES AS FAR AS ANY OF THE REPAIRS BEING TAKEN CARE OF.
AND HAS ANY OF OUR CODE OFFICER HAS BEEN THERE SINCE SEPTEMBER 14TH, UH, TO WITNESS THAT AND SAY, YES, THIS HAS BEEN TAKEN CARE OF.
I MENTIONED BEFORE THAT A LOT OF THOSE THINGS THAT ARE TAKING MR. MR. NEWIN, I'M SORRY, THE PUBLIC HEARING IS CLOSED.
SO, UH, THE LOWEST PERSON YOU COMMISSIONER
SO WE DO NOT HAVE AN, WE DO NOT HAVE AN ORDER TO CONSIDER THE NOTICE OF VIOLATION SUGGESTS THAT REPAIRS BE COMPLETED WITHIN 30 DAYS.
AND IF THAT'S NOT POSSIBLE TO DISCUSS THAT WITH THE CODE OFFICER.
SO I'M HOPING THAT MR. NEWIN HAS DISCUSSED IT WITH THE CODE OFFICER AND WE'LL CONTINUE TO DISCUSS IT WITH THE CODE OFFICER.
UM, THE REASON THAT I BROUGHT UP THE 90 DAYS IS HE HAD COMPLAINED THAT 30 DAYS WAS NOT ENOUGH TIME.
IT'S NOT REALLY FOR ME TO SAY RIGHT NOW.
UM, BUT THAT'S, THAT'S A CONVERSATION HE CAN HAVE WITH A CODE OFFICER.
WE DON'T EVEN NEED TO CONSIDER THAT RIGHT NOW.
HOWEVER, THAT BEING SAID, MR.
UH, AS FAR AS, UH, THE COTA OFFICER, MR. CRUZ, HAS THAT BEEN DONE? HAVE, UH, AS THERE BEEN ANY FOLLOW UP AS TO WHETHER OR NOT HE'S ACTUALLY COMPLETED SOME OF THOSE, UH, VIOLATIONS, UH, REPAIRED THOSE VIOLATIONS AND REPAIRED THE, UH, WHAT WAS LISTED IN THE, UH, THE, THIS REPORT.
UH, AS I MENTIONED ON MY, ON MY PRESENTATION, I MADE A UP INSPECTION ON OVER 20 AND THE MEMBERS, THE ROUTINE AND THE VIOLATIONS HAS BEEN POSSIBLY DIRECTED THERE, SOME ISSUES THAT NEED TO, UH, UH, PROPERTY OWNER TO HAVE TO ADDRESS, TO BE IN BRULEE COMPLIANCE.
ANY FURTHER DISCUSSION BEFORE I CALL THE QUESTION? OKAY.
NO, I WAS JUST, I'M ANSWERING YOUR QUESTION.
YOU JUST ASKED RIGHT NOW? UH, NO, THERE'S NO FURTHER QUESTIONS.
SO THE MOTION BEFORE US IS TO DENY THE APPEAL, UH, ALL IN FAVOR, SAY AYE.
IS ANYONE OPPOSED? DID ANYONE ABSTAIN? OKAY.
THE MOTION PASSED UNANIMOUSLY.
THE MOTION, THE APPEAL HAS BEEN DENIED, SO, OKAY, SUPERVISOR, RIGHT.
IF YOU COULD GO AHEAD AND CALL THE NEXT CASE, I BELIEVE WE READY TO MOVE ON.
DO WE HAVE THE, UM, COLOR READY FOR THE CASE NUMBER? OH, THANK YOU.
DO WE HAVE MANDY LEWIS ON THE LINE? YES, I'M HERE.
I WANTED TO MAKE SURE YOU WERE PRESENT FOR ALL, ALL OF THE TESTIMONY.
[2. Case Number CL 2020-174589 Property Address: 2724 Philomena Street (aka the Jordan at Mueller Apartments), Unit 335 / Owner/ Appellant: FC Mueller Housing LP/ Mandy Lewis, Property Representative Staff Presenter: Nicole Leal, Austin Code Department Staff Recommendation: Deny appeal of the notice of violation ]
THAT'S ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS APPEAL[01:30:01]
REGARDING 27, 24 PHILOMENA STREET, UNIT THREE 35, ALSO KNOWN AS THE JORDAN AND MUELLER APARTMENTS.THE CASE NUMBER IS
THE APPELLANT, IT REPRESENTATIVE OF THE OWNER IS APPEALING.
THESE VIOLATIONS, MY FOLDER YOU'LL FIND STAFF EXHIBITS ONE, TWO WAY THROUGH TWO L EXHIBIT ONE CONTAINS THE APPEAL LETTER, THE NOTICE OF VIOLATION AND RETURN THE REQUIRED NOTICE OF APPEAL HEARING AS WELL AS A SEPARATE COMPLAINT IN CASE HISTORY AND THE TRAVEL CENTRAL TRAVIS PENCIL APPRAISAL DISTRICT RECORD VERIFYING EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO L AND LAST RECOMMENDED RENT.
THE RECOMMENDATIONS ARE IN THIS APPEAL, AUSTIN CODE INSPECTOR NICOLA ASSIGNED TO THIS CASE IN HER ABSENCE, AUSTIN CODE SUPERVISOR, MOSES RODRIGUEZ IS HERE TONIGHT TO DEFEND THIS VIOLATION, SUPERVISE SUPERVISORS, REGUS, PLEASE BEGIN YOUR TESTIMONY.
I JUST WANT TO SAY THANK YOU COMMISSION FOR ALLOWING US TO BE HERE TODAY.
I DON'T GET A CHANCE TO THANK YOU ALL PERSONALLY, FOR BEING HERE WITH US THEN TO HEAR THIS PROCESS, I'VE BEEN WITH THE CITY OF AUSTIN FOR ALMOST 15 YEARS.
I HAVEN'T BEEN IN FRONT OF YOU ALL, BUT, UH, I WILL, I WILL DO THE BEST I CAN FOR OFFICER NICOLE.
WE DID RECEIVE THIS CASE OCTOBER 19.
UH, WE DID, WE CONDUCTED THE INSPECTION OCTOBER 21ST.
UH, SHE WENT TO THE PROPERTY, UH, AND CITED THE FOLLOWING THINGS, UH, ITEMS, THE STOVE THAT IT WAS RUSTED.
UM, AS WE SEE THERE, UH, IN FRONT OF US MANIC MECHANICAL APPLIANCE, 600, THREE POINT, UH, THE INTERIOR, THE SURFACE, UH, WAS CITED, UH, THE PEELING PEELING AND LOSE THE DOORS.
UM, THE WALLS ON THE STAIN THAT APPEARED TO THE WATER LEAK FROM THE EIGHT AIR VENT AC VENT AND THE STAINS IN THE CEILING, UM, MO LIKE SUBSTANCE AND THE NOTICE WAS SENT ON OCTOBER 28.
AND THERE WAS, UM, SEVERAL COMMUNICATION WITH THE MANAGEMENT, UM, MRS. LEWIS, UH, ON NOVEMBER SIX, UH, CONCERNING, UH, THE REPAIRS THAT NEEDED TO BE DONE ON THE PROPERTY FOR UNIT THREE 35.
AND, UH, I CAN SHOW THE PHOTOS AS WE, WE GO BY THE NEXT NEXT SLIDES.
THEY START WITH TWO, TWO E I BELIEVE TWO A IS THE EXTERIOR, THE FRONT OF THE PROPERTY.
UH, TWO B'S THE APARTMENT NUMBER, UH, TO SEE IS THE COUNTERTOP PINNING AND LOOSE.
UH, TWO D IS SHOWING THE MO MO LIKE SUBSTANCE INSIDE THE DISHWASHER.
I THINK THERE'S ANOTHER PHOTO HERE.
THIS IS THE STOVE TOP THAT IS RUSTED.
THAT'S TWO E TO AF UH, I WASN'T SURE ABOUT THIS ONE.
I SEE SOME STAIN, BUT, UM, WE'LL SKIP THIS ONE.
THE NEXT PHOTO TWO G SHOWS THE DOORS.
UM, THE STAINS THAT APPEAR TO BE FROM A, UM, A WATER LEAK OR SEPARATION OF THE DOOR NEXT ROAD, TWO H UH, WE SEE THE DOOR WITH THE PEELING PAINT.
NEXT PHOTO, AGAIN, ADORE TO I NEXT PHOTO.
HERE'S A, THE STAIN THAT WAS REFERRED TO APPEAR TO BE A WATER LEAK FROM THE AC MAINLY POSSIBLY CAUSED BY CONDENSATION.
UM, IT'S VERY MINUTE THAT WHAT HAS TO HAPPEN HERE TO BE REPAIRED.
UM, AND TWO K NEXT PHOTO, UH, HERE'S THE MO LIKE SUBSTANCE, UH, CLOSE-UP PHOTO, UM, THAT NEEDS TO BE REPAIRED ALSO, UH, THAT CONCLUDES MY, MY PRESENTATION.
I'LL BE READY FOR ANY QUESTIONS.
[01:35:02]
THANK YOU, SUPERVISOR.IT IS BASED ON THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS PICTURE WAS A PUBLIC AND ATTRACTIVE NUISANCE TO SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSIONER WOULD ADMIT EXHIBIT ONE, WHICH INCLUDES THAT PROPOSED FIND, SAY THE FACTS AND CONCLUSIONS OF LAW IN OTHER RELEVANT DOCUMENTS AND EXHIBITS TWO EIGHT THROUGH 12, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS STAFF REQUESTED THE PERMISSION, ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DENIED THE APPEAL CHAIR.
AND BEFORE I FORGET, UM, ADMIT THE EXHIBIT.
UM, YES, I'LL GO AHEAD AND ADMIT THE EXHIBITS.
WE HAVE, UM, STAFF EXHIBITS ONE INTO, AND, UH, WHILE I'M AT IT, I'LL GO AHEAD AND ALSO EXHIBIT THE APPELLANT DOCUMENTS AS WELL.
MANDY LEWIS, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED WITH YOUR SIDE OF THE STORY.
I'M A DISTRICT MANAGER AT FOUNDATION COMMUNITY, WHICH IS THE OWNER AND MANAGER OF THE JORDAN EULAR.
UM, THE JORDAN AT KNEELERS A BRAND NEW APARTMENT COMPLEX.
WE THOUGHT OUR TCO NOVEMBER 14TH OF 2019, UH, UNIT THREE 35 IS A SECTION EIGHT UNIT.
SO WE HAD UNDERWENT INSPECTION BY THE CITY OF AUSTIN HOUSING AUTHORITY AND PASSED THAT INSPECTION ON NOVEMBER 26TH, 2019.
UM, AND THE RESIDENT MICHIGAN DECEMBER 2ND OF 2019 HAS, AND HAS BEEN THE ONLY OCCUPANT OF THAT UNIT.
UM, I ENTERED INTO, WE WENT AND INSPECTED THE UNIT ONCE WE RECEIVED THE VIOLATION NOTICES, UH, THE STOVE APPEARED THAT THE ELEMENTS HAD BEEN PULLED OUT OF THE STOVE AND IT HAD BEEN CLEANED WITH THE ABRASIVE TYPE CLEANER, UH, WHICH IS MY GUESTS IS WHAT IS CAUSING THE RUST ON THERE.
UM, I, WE WERE NOT IN THIS VIOLATION.
THERE WAS NO MENTION OF THE DISHWASHER, SO I DIDN'T GET PHOTOS OF THAT, BUT THE WEAR AND TEAR ON THE APARTMENT HAS BEEN CAUSED BY THE RESIDENT.
AGAIN, IT WAS A BRAND NEW APARTMENT.
UM, THE CRACKING OF THE DOOR IS CAUSED.
THERE'S A PHOTO IN THERE THAT SHOWS THAT THE STORE DAN WAS CLOGGED UP.
THERE WAS SOMETHING PUT IN THERE BY THE RESIDENT, WHICH CAUSED THE DOOR TO STICK.
UH, THERE ISN'T THAT CONDENSATION COMING OUT OF THE EVENT.
IT WAS A REALLY, REALLY HUMID SUMMER.
UH, THIS YEAR IN AUSTIN, IT'S A BRAND NEW APARTMENT COMPLEX.
WE'RE ABIDING BY THE GREEN BUILDING STANDARDS.
THE HUMIDITY AND CONDENSATION HAS JUST BECOME A THING, UM, WITH THOSE STANDARDS AND THE TIGHT ENVELOPE THAT WE'RE CREATING.
I FEEL LIKE THE TENANT CAUSED THESE ISSUES.
AGAIN, IT PASSED THE HOUSE HAWKINS INSPECTION.
THERE'S NO, UM, THIS IS DESTRUCTION GENERALLY.
WHAT HAPPENS WHEN SOMEBODY MOVES OUT OF THE APARTMENT, WE FIX ALL OF THESE THINGS THAT THE TENANT HAS DESTROYED.
WE GENERALLY DO NOT DO IT UNLESS IT'S A SAFETY THING WHILE THEY'RE STILL A RESIDENT, BECAUSE IT IS CAUSED BY THEM.
UM, AND HONESTLY I JUST WANT KIND OF, I WANT A VIOLATION TO BE, I WANT IT TO APPEAL BECAUSE, UH, FOUNDATION COMMUNITY TAKES REALLY GREAT PRIDE IN CREATING A GOOD PRODUCT, UH, AND EXCEPTIONAL PRODUCT FOR AFFORDABLE HOUSING.
AND SO, UM, I JUST DIDN'T WANT THIS AS SOMETHING ON THE RECORD OF THAT APARTMENT COMPLEX.
ANYTHING ELSE TO ADD? NO, THE MO THERE WASN'T MOLD LISTED IN MY VIOLATION REPORT EITHER, SO I DIDN'T WRITE THAT CAUSE IT WASN'T LISTED HERE.
SO MR. RODRIGUEZ, HOW MANY VIOLATIONS WERE, HOW MANY VIOLATIONS WERE NOTED? IT WAS A THREE OH FIVE, ONE INTERIOR, UH, THREE OH 5.3 MECHANICAL APPLIANCE, SIX OH THREE, THREE, UH, FOUR VIOLATIONS FOR VIOLATIONS.
AND IN YOUR OPINION, IF YOU FEEL FREE TO OFFER AN OPINION HERE, DO YOU BELIEVE THAT ANY OF THESE ARE LIFE SAFETY CONCERNS? I, I DO WANNA, I DO WANT TO MAKE IT CLEAR.
UH, WE DID NOT WRITE THE MO LIKE SUBSTANCE IN THE DISHWASHER OR THE, THE STAINS IN THE CEILING.
WE DID WRITE IT AS INTERIOR SURFACE, NOT MAINTAIN.
UH, I KNOW THESE ARE MY NEW, UH, VIOLATIONS, BUT
[01:40:01]
AT THE END OF THE DAY, WE ARE ENFORCED IN THE 2015 IPMC THAT I WAS GENERALLY PROCESSED HERE IN FRONT OF YOU ON 2017.UH, WE HAVE TO THROUGHOUT THE CITY MAINTAIN PROPERTIES THROUGH THIS 2015 IPMC.
SO I UNDERSTAND THAT OR FRUSTRATION, BUT THESE THINGS COULD HAVE BEEN TAKEN CARE OF MAYBE IN A DAY OR TWO WITH, WITH MAINTENANCE STAFF.
UM, WE DO NOT ASK THEM HOW TO REPAIR IT OR, UH, WE DON'T ENFORCE WHAT KIND OF MATERIAL TO USE.
WE JUST, WE JUST ASKED TO BE REPAIRED.
I WOULD LIKE TO MENTION, I'M SORRY TO INTERRUPT, BUT THERE, I ALSO SUBMITTED A COPY OF ALL WORK ORDERS THAT HAVE EVER BEEN CALLED IN OR SUBMITTED BY THE RESIDENT.
AND NONE OF THESE ITEMS WERE EVER LIFTED ON A WORK ORDER FOR US TO COME IN AND REPAIR.
SO MISS MS. LEWIS, WHEN DID, WHEN DID YOU BECOME AWARE OF THESE AND HOW SOON AFTER DID YOU, WHERE THEY REPAIRED? I THINK WOULD BE MY QUESTION.
WE BECAME AWARE OF THEM WHEN WE GOT THE VIOLATION NOTICE.
UM, AGAIN, I HAD MY STAFF GO IN THE UNIT TO TAKE PICTURES AND FIGURE OUT WHAT WAS GOING ON.
UH, THE ELEMENTS OF THE STOVE WERE UNPLUGGED ONCE PLUGGED BACK IN THE STOVE FUNCTIONED PROPERLY, UH, THAT WAS LISTED AS ONE OF THE VIOLATIONS.
UM, WE HAVE NOT REPAIRED THE COUNTERTOP AGAIN BECAUSE WE FILLED IT THAT WAS DONE BY THE RESIDENTS.
UM, I DON'T HAVE A PROBLEM WITH REPAIRING THE THINGS.
I JUST DON'T FEEL LIKE IT WAS SOMETHING THAT WE DID IN OUR ERROR, YOU KNOW, AS FAR AS VIOLATING CODES AND THE UNIT IS STILL OCCUPIED BY THE RESIDENT.
I'M SURE OTHER, YES, PLEASE GO AHEAD.
THE COMMISSIONERS, THOSE TO ADD QUESTION FOR MR. RODRIGUEZ RODRIGUEZ.
DO YOU HAVE AN OPINION CONCERNING WHETHER SOCIETY VIOLATIONS WERE CAUSED BY THE RESIDENT? I, I HAVE TO MAINTAIN NEUTRAL MR. TIMOTHY AT ALL TIMES.
UM, I UNDERSTAND HER CONCERNS.
I'VE BEEN AN INSPECTOR FOR OVER 20 YEARS.
I DID HOUSING INSPECTIONS, UH, AND I'VE BEEN CERTIFIED TO DO, UM, WHAT IS CALLED A HOUSING QUALITY STANDARDS.
SO I, I COULD SAY THAT THAT HOUSE WOULD HAVE PASSED AT THAT TIME, BUT IN THAT WORLD, IT WAS, THERE WAS A SITUATIONS WHERE WE CAN SAY A TENANT CAUSED A HERE MANY TIMES THAT WE HAVE CITED.
WE WILL CLEARLY SAY, UH, IT'S USUALLY TRASH AND DEBRIS BY THE TENANT AND THIS CASE, WE HAVE TO STAY NEUTRAL.
UM, RATHER THAT WE KNOW WHEN THEY MOVED IN THERE, WASN'T A BROKEN WINDOW AND IT'S THERE TODAY.
UH, THESE ARE MINOR THINGS THAT CAN BE TAKEN CARE OF, BUT I WILL REFER, I WILL REFER TO STAY IN NEUTRAL, SIR.
UH, MADAM CHAIR, I MIGHT HAVE A QUESTION FOR MS. LINGO OR JUST FOR THE PANEL, UH, CONCERNING WHETHER THE TYPE OF VIOLATION CITED IN THIS CASE IS SUCH AS WOULD REQUIRE THE PROPERTY OWNER TO ADDRESS IT, UH, REGARDLESS OF, UH, HOW THE, THE DAMAGE OCCURRED.
UH, I DON'T KNOW IF I'M, IF I'M PHRASING THAT WELL, BUT I GUESS WHAT I'M SAYING IS, IS IT, IS IT THE DEFENSE TO VIOLATION THAT THE TENANT IN THIS CASE MAY HAVE, UH, CAUSED THE DECIDED ISSUE THROUGH WEAR AND TEAR? I, I DON'T KNOW THE ANSWER TO THAT.
SO, UM, THAT WOULD BE, UM, USEFUL INFORMATION IN DETERMINING HOW TO, HOW TO PROCEED THERE.
SO, UH, BUT, BUT THAT'S, THAT'S, THAT'S ALL I HAVE AND I'LL, I'LL JUST HEAR WHATEVER THE RESPONSE IS.
AND, UM, I, I WOULD IMAGINE THAT THE PROPERTY OWNERS HAVE THE ULTIMATE RESPONSIBILITY AND THEN HOWEVER, THEY, UM, LATER ON PASSED THAT ON TO THE TENANT.
SO A TENANT IS RECITING IN THERE ON A TEMPORARY BASIS RECOVERABLE.
AND SO THE PROPERTY OWNER TO THEN HAVE THE RESPONSIBILITY TO MAKE SURE IT'S UP TO CODE.
UM, IF IT'S, UM, IF IT'S INVALIDATION OF THE IPCM PMC, THEN THAT MEANS IT'S THE OWNER'S RESPONSIBILITY.
AND OF COURSE THEY CAN ADDRESS THAT WITH THE TENANT LATER ON, BUT THESE THINGS MAYBE COULD'VE BEEN HANDLED SINCE THE DATE OF THE NOTICE.
I JUST, I, I SHARE, UM, COMMISSIONER A LITTLE BIT IS, UH, INSTINCT ON THAT.
[01:45:01]
I, AGAIN, I, I, YOU KNOW, I DON'T WAIT, I DON'T KNOW THAT THAT THAT'S WHAT THE LAW PROVIDES, BUT, BUT THAT, THAT MAKES SENSE TO ME.AND THAT'S JUST, I WOULD JUST PUT THAT OUT THERE.
I JUST WANT TO ASK THE QUESTION FOR MRS. LEWIS.
UM, IS THIS UNIT A SECTION EIGHT UNIT, OR IS THIS JUST A REGULAR UNIT? IT IS A SECTION EIGHT UNIT.
UH, LIKE I SAID, THE HOUSING AUTHORITY INSPECTED IT PRIOR TO THE RESIDENT MOVING IN.
UM, I DON'T DISAGREE WITH YOU.
GUYS' VIEWPOINT THAT IT'S OUR RESPONSIBILITY TO REPAIR THINGS.
I GUESS MY POINT IS WE WERE NOT MADE AWARE BY THE RESIDENT THAT ANYTHING WAS WRONG.
AND SO THE FIRST MENTION I GOT OF IT WAS THIS CODE VIOLATION.
SO I DON'T FEEL THAT THAT FAIRNESS, BECAUSE IF IT WAS CAUSED BY THE RESIDENT AND WE WERE NOT MADE AWARE, IT'S NOT LIKE WE'RE NEGLECTING TO FIX SOMETHING.
UH, THE NEXT QUESTION, IT BEING SECTION EIGHT, UH, DO YOU DO MONTHLY INSPECTIONS ON THE PROPERTIES, UM, UH, APARTMENT, UH, ON YOUR RESIDENCE? UM, I DON'T KNOW IF THAT'S ONE OF THE REQUIRED THINGS TO DO, UH, BUT, UH, I'M JUST A LITTLE CURIOUS AS TO WHETHER THAT IS SOMETHING THAT Y'ALL, THAT'S WITHIN YOUR PURVIEW.
WE DO QUARTERLY INSPECTIONS BECAUSE WE ALSO GET INSPECTED BY THCA AND GO THROUGH RIGOROUS INSPECTION.
SO IN CASES, SO WE DO THESE INSPECTIONS SO WE CAN CATCH THINGS LIKE THIS.
LIKE THESE THINGS NEED TO BE FIXED BECAUSE THEY WON'T PASS AN INSPECTION.
HOWEVER, DUE TO COVID, WE HAVE NOT BEEN GOING IN UNIT, YOU KNOW, FOR THE MOST OF THE YEAR.
AND SINCE THEN, LIKE I SAID, IT'S BRAND NEW BUILDING AND SHE JUST MOVED IN, WE HAVEN'T DONE INSPECTION, BUT NORMALLY WE DO SO WE CAN FIX THINGS LIKE THAT AHEAD OF TIME.
ANY OTHER COMMISSIONERS, UM, ACTUALLY, I'LL TAKE A MOMENT TO TRY AND ADDRESS A COMMISSIONER'S STOVES TED'S QUESTION OR CONCERN ABOUT THE TIMING OF FIXING VIOLATIONS.
UM, YOU KNOW, IT LOOKS LIKE IT'S PRETTY STANDARD FORM TO SUGGEST THAT DILATIONS BE FIXED WITHIN 30 DAYS OF A NOTICE OF VIOLATION.
UH, BUT THERE IS ALWAYS THE OPPORTUNITY TO, TO TALK WITH THE CODE OFFICER AND, UM, YOU KNOW, REQUEST MORE TIME.
AND AGAIN, NONE OF THESE, NO, NO FINES HAVE BEEN LEVIED.
THIS HAS NOT BEEN ESCALATED TO AN ACTUAL CASE, YOU KNOW, REQUESTING AN ORDER FROM US.
WE'RE JUST BEING ASKED TO, TO, UM, TO APPEAL THE ACTUAL NOTICES OF VIOLATION.
SO ONE OF THE CONCERNS THAT I HAVE, ESPECIALLY NOW HEARING AGAIN ABOUT THE REPEAT OFFENDER PROGRAM IS THAT, UM, YOU KNOW, THIS WAS FOR VIOLATIONS ON WHAT IS ACTUALLY A BRAND NEW PROPERTY.
UM, THESE ARE VERY MINOR VIOLATIONS FROM WHAT I CAN SEE, UH, AT LEAST ONE OF THEM SOUNDS LIKE IT WAS PRETTY MUCH BOGUS.
THE, UM, YOU KNOW, THE STOVE ACTUALLY IS OPERABLE AND, UM, THESE ARE, THESE ARE PRETTY MINOR THINGS THAT WOULD ONE WOULD EXPECT TO SEE IN THE FIRST YEAR OF OCCUPANCY OF A LARGE BUILDING THAT WOULD BE FIXED BY THE CONTRACTOR OR THE PROPERTY OWNER.
THESE ARE PUNCHLIST ITEMS. THESE IN MY MIND ARE NOT MAJOR LIFE SAFETY CONCERNS.
AND YET THIS PROPERTY IS NOW ALL OF A SUDDEN ON ITS WAY IT'S RACKING UP NOTICES OF VIOLATION AND COULD END UP ON THE REPEAT OFFENDER PROGRAM, WHICH IS, UH, I'LL SAY LUDICROUS FOR THIS PROPERTY.
THAT'S IN THE BACK OF MY MIND.
UM, THIS IS COMMISSIONER
I HAVE A QUESTION FOR MS. LEWIS.
UM, I KNOW YOU'RE APPEALING, SO THEN YOU DON'T HAVE A RECORD OF THESE VIOLATIONS, BUT WHAT OTHER SORT OF RELIEF ARE YOU LOOKING FOR AND WHAT TIMELINE DO YOU HAVE, UM, DO YOU THINK YOU, YOU MIGHT HAVE TO BE ABLE TO ADDRESS, UH, THESE THINGS THAT WERE ALREADY NOTICED IN TERMS OF THE VIOLATIONS.
I'M REALLY NOT ASKING FOR ANY OTHER RELIEF.
I JUST, UM, SHARE THE CONCERN THAT I DON'T WANT THIS ON THERE WHEN IT'S SOMETHING THAT WE COULD HAVE FIXED IMMEDIATELY BY FRIDAY FOR THAT MATTER.
UM, BECAUSE IT'S JUST A MATTER OF, SHE NEEDS A NEW DOOR BECAUSE THE DOOR DAMN, SHE CLOGGED THAT TO THE DOOR, YOU KNOW, AND WE CRACKED, I CAN REPLACE THE DOOR, I CAN FIX THE COUNTERTOP.
[01:50:01]
I JUST DON'T WANT IT ON OUR RECORD BECAUSE AGAIN, YOU KNOW, SOMETHING COMES ALONG AGAIN AND THEN HERE WE ARE ON THIS REPEAT OFFENDERS, AND I JUST DON'T FEEL LIKE THIS WAS A, A FAIR JUDGMENT OF US.SO SHOULDN'T, THEY, WE APPROVE THE, UH, THE FIELD THAT WE GRANTED.
THE SECOND ONE, THAT WAS THE SECOND FOR MR. GREEN.
ANY FURTHER DISCUSSION BEFORE I CALL THE QUESTION? I GUESS I HAVE ONE QUESTION.
UM, SO THE MOTION IS TO APPROVE THE APPEAL AND THIS WOULD BE TO BASICALLY REMOVE ALL FOUR NOTICES OF VIOLATION.
THE, UH, THE APPEAL IS, UH, IS, UH, PLEASE, UH, PALE IN THE NOTICE OF VIOLATION.
UH, THE SECOND RECOMMENDATION IS TO DENY MY MOTION IS FOR US TO APPROVE IT.
THANK YOU FOR CLARIFYING ANY FURTHER, CAN I I'D LIKE TO SAY SOMETHING.
CAN YOU HEAR ME? YES, GO AHEAD.
OH, THIS IS ROBERT MOORE, UH, DIVISION MANAGER FOR AUSTIN CODE.
JUST KIND OF WANT TO GO OVER THE PROCESS REAL QUICK AND EXPLAIN IT AGAIN.
THIS IS AN APPEAL, RIGHT? SO WE'RE NOT BRINGING THIS CASE TO BE HEARD AT THE BSC.
UH, THESE ARE MINOR THINGS WE WOULD TYPICALLY GO TO ADMINISTRATIVE HEARING.
UH, WE HAVE TO COME HERE BECAUSE, YOU KNOW, IT'S IN THE ORDINANCE.
SO ANY APPEAL, UH, AGAINST THE NOSE, THE VIOLATION HAS TO COME HERE AND BASICALLY, UH, THE DECISION TO EITHER GRANT OR DENY THIS APPEAL IS BASICALLY, YOU'RE EITHER AGREEING THAT THESE ARE VIOLATIONS OR NOT, PERIOD.
IT'S NOT HOW MUCH TIME DID WE GIVE ON IT? NOT W YOU KNOW, ARE THEY ON THE REPEAT OFFENDER PROGRAM? IT'S JUST, IT'S LITERALLY ARE THESE VIOLATIONS OR NOT.
SO IF YOU DID GRANT THIS, UM, APPEAL, I DON'T, YOU KNOW, IT PUTS US IN A STICKY SITUATION TOWARDS ENFORCING THESE TYPES OF VIOLATIONS IN THE FUTURE.
GO AHEAD, TIM STOVES, TO ADD A QUESTION FROM MR. MOORE.
SO MR. MORA, IF I'M HEARING YOU CORRECTLY, UM, THE IDEA IS THAT, UH, THIS APPEAL IS FROM A CONCERNING WHETHER OR NOT SUCH AND SUCH A THING IS A VIOLATION.
AND, AND, AND YOUR VIEW WOULD BE THAT, UM, THAT JUST, THAT IT IS JUST AS A MATTER OF LAW AS A MATTER OF A NEUTRAL APPLICATION OF THE, OF THE CODE.
IS THAT RIGHT? THAT, THAT, I JUST, I GUESS I JUST WANTED TO INVITE YOU TO FLESH THAT OUT A LITTLE BIT FURTHER THAT, UH, REGARDLESS OF HOW ONE FEELS ABOUT THE PROPERTY OWNER IN THIS CASE, THE SIMPLE FACT OF THE MATTER IS THAT YOU, THE TOAD STAND BEHIND THE DETERMINATION THAT THESE WERE VIOLATIONS PERIOD UNDER THE APPLICABLE ORDINANCES.
IS THAT RIGHT? MR. MARK? THAT IS CORRECT.
THANK YOU, MR. MORE THINKING ABOUT I'M.
CAN I SPEAK ANDREA? I HAVE A QUESTION.
I'M SURE LET'S HEAR FROM MR. RODRIGUEZ.
I UNDERSTAND, UM, COMMISSIONER TIMOTHY HAS CONCERNS, BUT WE DO HAVE THESE CASES WHERE WE HAVE, UH, A HOUSE THAT'S JUST MISSING ADDRESS, ADDRESS ITSELF.
IT IS A VIOLATION TO NOT DISPLACE THE ADDRESS.
UM, HERE WE HAVE INTERIOR EQUIPMENT NOT MAINTAIN THAT MANEUVER, UH, LEAK, EVEN THOUGH IT'S SO SMALL, YOU GET KILLED AND YOU TAKE CARE OF IT AND PAINT OVER IT.
WE DON'T ASK WHAT COLOR YOU WANT.
UM, THE F THE STOVE, IF SHE WOULD HAVE TOLD US THE NEXT DAY, WE COULD HAVE GONE AND CHECKED ON IT, THAT THE BURNERS WERE WORKING.
SO WE COULD CLEAR THAT, UM, THE PEELING PAINT ON THE DOOR, IT RE BE RE REPLACED AND THE DUCKS, UH, I WOULD SAY IT WAS JUST THAT PROPERLY, THAT LEAK.
UM, SO IT'S SO, SO MINOR, BUT WE DO DEAL WITH THESE CASES.
AND LIKE ROBERT SAYS, WE'LL TAKE THEM TO, UM, A, TO ADMINISTRATIVE HEARING FOR ADDRESS AND A WATER LEAK, OR A BACKFLOW PREVENTER NOT BEING THERE.
I MEAN, SO MINOR THINGS, UH, PICKETS OFFENSE, THAT'S LEANING.
[01:55:01]
STILL, I MEAN, IT'S STRUCTURALLY SOUND, WE'LL TAKE IT OVER THERE, BUT BECAUSE IT'S AN APPEAL, IT HAS TO COME TO YOU FOR THESE FOUR LITTLE THINGS.SO I, HOPEFULLY I EXPLAINED A LITTLE BIT MORE.
I HAVE A QUESTION ABOUT MR. ABILA.
I HAVE A QUESTION OF, UH, COUNSEL, UH, UH, PATRICIA LINK, UH, UH, COUNSELOR, MY MOTION.
UH, MY MOTION CARRY FORTH WITH A CONDITION THAT IS NOTED VIOLATIONS.
WE FACE WITHIN 30 DAYS IF THE COMMISSION APPROVES THE MEAL.
AND, UH, THAT WOULD IN THIS INSTANCE, THE WAY THE MOTION IS, IS IT WILL MAKE THE NOTICE OF VIOLATION ESSENTIALLY GO AWAY AND CODE WOULD HAVE NO AUTHORITY TO GO IN AND, AND WORSE AT TIMEFRAME FOR THEM TO REPAIR BECAUSE THERE WAS A VIOLATION.
JUST WHAT, UH, IS THERE A NOTICE TO START? THE REPAIR PROCESS GOES AWAY? WELL, MY SECOND QUESTION IS IF THE, EITHER THE MOTION WERE TO CARRY AND WE WERE TO GRANT, THE APPEAL IS CALLED PROHIBITED FOR MANY TIME IN THE FUTURE, COMING BACK AND MAKING THOSE FINDINGS AGAIN, PRESENTING THEM, UH, IF THEY DON'T GET FIXED, I WOULD THINK SO.
I'M JUST WONDERING WHAT YOUR OPINION IS.
IT WOULD, IT WILL BE CHALLENGING FOR THEM BECAUSE LET'S SAY WE'RE IN THIS SITUATION AGAIN, IT'S THE EXACT SAME UNIT AND IT'S THE SAME VIOLATIONS.
UH, THE ARGUMENT WILL BE OBVIOUSLY BY THE PROPERTY MANAGERS YOU ALREADY CONSIDERED THIS MONTH.
YOU SAID IT WASN'T A VIOLATION.
I SHOULDN'T HAVE A NURSE, A VIOLATION HERE.
UM, SO THAT WOULD BE, UM, THAT WOULD BE WHAT WOULD HAPPEN GOING FORWARD.
NOW THERE ARE COMPLAINTS FOR A DIFFERENT UNIT, OR IF IT'S A DIFFERENT SET OF ISSUE, OR IF THERE'S A SUBSEQUENT WEEK OR SOMETHING LIKE THAT.
YES, THEY WOULD STILL BE ABLE TO COME.
THEY WOULD STILL BE ABLE TO ISSUE THE NOTICE OF VIOLATION.
WELL, THAT THERE'D BE THE OCCASION.
I WITHDRAW MY MOTION TO GRANT THE APPEAL AND I MAKE A MOTION THAT WE DENY THE APPEAL.
AND AM I ALLOWED TO ASK ANOTHER QUESTION? I'M SORRY, I DON'T MEAN TO DRAG THIS OUT.
LET'S, LET'S TRY AND CLEAN UP MR.
SO, UM, MR. ABILA, YOU WERE WITHDRAWING YOUR MOTION.
I THINK WE WOULD NEED THE SECOND TO AGREE.
I WOULD SECOND THE MOTION TO GRANT THE APPEAL BY COMMISSIONER.
OKAY, SO YOU'RE OKAY WITH BASICALLY GETTING RID OF THAT MOTION.
IS THAT CORRECT? OR I'M SORRY, YOU MR. ALVEOLA YOU REVISED YOUR MOTION TO DENY THE APPEAL.
AND MR.
I AM WITHDRAWING MY MOTION AND THE SECOND ALSO AGREES TO IT.
THEN I MAKE A MOTION THAT WE DENY THE APPEAL AND I, AND I WAS PREPARED TO SECOND THE MOTIONS IN THE NIGH, REGARDLESS OF WHOEVER'S SECONDED THE MOTION TO GRANT.
SO I WAS JUST TRYING TO GET A SECOND, UH, FOR THE DENY, UH, FOLLOWING MR. COMMISSIONER ABDULLAH'S, UM, REVISED, UH, HIS NEW MOTION.
AND I'M SORRY, I'VE FORGOTTEN.
WHO WAS THE SECOND ON MR.
WAS THAT YOU MR. STONE'S THOUGHT OR WAS IT MR. GREEN? MR. GREEN.
SO CAN I ASK A QUESTION? WE'RE WE'RE COMING BACK TO YOU HOLD, PLEASE HOLD.
UM, IF I UNDERSTOOD CORRECTLY, THE STOVE ISSUE TURNED OUT TO NOT REALLY BE A VIOLATION BECAUSE IT JUST WAS UNPLUGGED.
WAS THAT CORRECT? UH, MR. RODRIGUEZ? YES.
IF YOU WANT TO CALL IT AS WE COULD HAVE CLEARED THAT VIOLATION, BUT WE WOULD STILL HAVE TWO OR THREE VIOLATIONS.
IT JUST MAKES ME WONDER IF WE SHOULD JUST SAY, REMOVE THAT ONE.
UM, SO I WOULD PROPOSE THAT AS A FRIENDLY AMENDMENT, THIS IS A PERMISSION OF SOMEBODY I, I DON'T BELIEVE THEY CAN REMOVE UNTIL THEY'VE ALREADY BEEN INSPECTED.
SO I THINK THE ISSUE WE PROBABLY HAVE IS THAT THE NOTICES WERE SENT OUT AT THE END OF OCTOBER.
SO PRIESTS, PRESUMABLY THAT WERE RECEIVED
[02:00:01]
BY THE BEGINNING OF NOVEMBER.AND HERE WE ARE THE SECOND WEEK IN DECEMBER, I THINK THAT THE, UM, THE MANAGEMENT COULD HAVE ADDRESSED THIS VIOLATIONS, INVITED CODE ENFORCEMENT BACK TO REINSPECT AND STILL APPEALED THE VIOLATIONS, UM, IN THE SENSE THAT THEY DIDN'T AGREE WITH THEM.
SO I THINK WE'RE BACK TO, TO THAT POINT.
AND IF I MAY, THIS IS ME AND B LEWIS, THAT IS NOT CLEAR IN WHEN YOU GET, THAT'S NOT CLEAR WHEN YOU GET THIS VIOLATION, YOU BASICALLY GET THE VIOLATION.
IT SAYS EITHER YOU FIXED IT WITHIN 30 DAYS AND LET US KNOW SO WE CAN INSPECT IT OR YOU CAN APPEAL IT.
SO THOSE CHOICES INTERPRETED TO ME THAT IF YOU FEEL LIKE THESE AREN'T LEGITIMATE, WHICH THE STOVE WAS NOT, YOU KNOW, IN ADDITION TO SOME OF THESE THINGS WERE BROKEN BY THE RESIDENT, IT WAS MY UNDERSTANDING THAT I COULDN'T, THERE'S NOT AN OPTION HERE THAT SAYS, IF YOU DON'T AGREE WITH US, BUT STILL FIX THE ITEMS, CALL US.
OR IF YOU DON'T AGREE WITH IT, THEY WANT TO SHOW US WE'RE WRONG, CALL US AND WE'LL COME BACK OUT.
SO HAD I KNOWN THAT IT WAS AN OPTION TO CALL THEM THE NEXT DAY AND SAY, WE, WE WENT IN AND INSPECTED.
THE STOVE IS IN WORKING ORDER.
I CERTAINLY WOULD HAVE DONE THAT, BUT THAT'S NOT LISTED HERE.
IT'S JUST BASICALLY FIX IT OR APPEAL IT.
I MOVED TO CLOSE PUBLIC HEARING AND THE MATTER IS, UM, OBVIOUSLY PENDING DECISION ON THE DECISION ON THE, THE OUTSTANDING MOTION TO DENY.
SO I MOVED TO QUOTES, I'LL SAY IN THAT MOTION.
I'M SO LOST ON OUR EMOTIONS NOW.
SO THE ORIGINAL MOTION THAT MR AVEOLA HAD WAS TO GRANT THE APPEAL.
AND I APOLOGIZE, MR. GREEN, I THINK YOU WERE INTERRUPTED.
WE, WE NEVER DID HEAR IF YOU AGREED TO, UM, ABANDONED THAT MOTION, I GUESS WOULD BE YEAH.
UH, MY SECOND, YOU'RE GETTING REALLY DEEP IN THE WEEDS THERE AND, UH, WE'RE GOING TO HAVE, I MEAN, I'M TRYING TO THINK, I THINK JUST PARLIAMENT TERRIBLY.
I THINK THAT THE, THAT, UM, UH, ADVICE, UH, CHAIR, UH ABILA AND MR. GREEN'S, UH, MOTION HAS BEEN WITHDRAWN AND THE, UH, THE MOTION PENDING RIGHT NOW IS HIS EMOTION THROUGH THE NIGHT THAT'S BEEN MADE AND SECONDED BY MR. AVALON AND SECOND BY MYSELF AND, UH, WITH NOTHING ELSE PENDING, I WOULD JUST GO AHEAD AND MOVE TO CALL THE QUESTION.
I ACTUALLY HAVE ONE MORE DISCUSSION POINT AND THEN I, THEN I WILL CALL THE QUESTION.
UM, I MEAN, I'VE, I'VE, I DO THINK THAT AT LEAST ONE OF THESE VIOLATIONS SHOULD NOT BE ON HERE.
UM, I WOULD MAYBE EVEN PUSH FOR TWO, TO BE REMOVED.
I BELIEVE AS A COMMISSION, WE DO HAVE THE ABILITY TO DO THAT, BUT I'M ALSO INTERESTED IN KEEPING THIS MOVING FORWARD.
UM, AGAIN, I'VE ALREADY STAYED MY, MY REASONS FOR CONCERN THAT THIS IS, THIS IS NOT A PROPERTY THAT DESERVES TO BE RACKING UP NOTICES OF VIOLATION.
AND IN MY MIND, THESE ARE VERY MINOR.
SO UNLESS ANYONE ELSE HAS ANYTHING TO ADD, OKAY, I WILL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR, PLEASE SAY, AYE, AND WAVE YOUR HAND.
I ACTUALLY, I'M GOING TO, I'M GOING TO TAKE A ROLL CALL HERE.
I BELIEVE THAT WILL BE NECESSARY.
UM, MR. ABILA, YOU WERE AN I I'M SORRY.
I CAN'T SEE EVERYBODY'S VIDEO.
SO YOU'RE GOING TO HAVE TO SPEAK UP TO, UM, ACTUALLY, OKAY.
AYE, COMMISSIONER, SORRY, CHRISTIAN OR GREEN.
ARE YOU FOR, OR ARE YOU OPPOSED? I HAD THE MUTE BUTTON ON, SORRY.
COMMISSIONER MUELLER BY COMMISSIONER BERCENIO AYE.
[02:05:02]
COMMISSIONER STOW SAID, I, UH, DON'T BELIEVE COMMISSIONER FOR WHEREVER IS WITH US, BUT JUST IN CASE, UH, COMMISSIONER SHEDDEN I ALSO DON'T BELIEVE IS HERE AND, UH, MYSELF COMMISSIONER FREIBERGER.I AM ACTUALLY OPPOSED ON THIS ONE, BUT THE MOTION PASSED, WHICH MEANS THE, THE APPEAL WAS DENIED.
YOU HAD SEVEN, A SEVEN YESES AND ONE, NO, LET ME COUNT THAT AGAIN.
UM, NEXT ON THE AGENDA ITEM, NUMBER THREE,
[3. Case Numbers: CL 2020-017823 Property address: 2411 Longview Street / Owner: Hosebark, LLLP Staff presenter: Farah Presley, Austin Code Department Staff recommendation: Issue new order to repair commercial structure Previous Commission Action: Order issued February 26, 2020 was vacated and case was continued from October 28, 2020 meeting]
I'M ACTUALLY GOING TO RECUSE MYSELF.SO VICE CHAIR ABILA IF YOU ARE WILLING TO TAKE OVER, I WILL STEP ASIDE.
UM, DO WE HAVE THE COLLARS ARE READY TO GO AFTER? ARE THEY ON THE LINE? LET ME CALL UP THE NATURE.
CAUSE THERE'S FIVE OF THEM AND I WANT TO MAKE SURE THAT ALL FIVE WERE HERE PRECEDENT.
SO AS I CALL YOUR NAME, LET ME KNOW THAT YOU'RE ON THE LINE AND THAT YOU HAVE BEEN BORN IN, UH, ME AND YOU'VE BEEN SWORN IN, CORRECT? UH, YES.
I HAVE BEEN SWORN IN JOHN DUKE.
JOHN DUKE IS HERE AND I WAS SWORN IN JACOB FRUMKIN YES, SIR.
I'M HERE AND I WAS SWORN IN BON SON.
I DON'T BELIEVE HE'S GOING TO SPEAK HENRY GILMORE, NATALIE.
THAT WOULD BE THE SAME FOR MR. GILMORE.
OKAY, THEN, UM, WE'RE WE'RE READY TO PROCEED.
THE NEXT ITEM FOR THE COMMISSIONS COMMISSIONERS CONSIDERATION IS ITEM NUMBER THREE IS A RETURNING CASE REGARDING THE PROPERTY LOCATED AT 24 11 LONG VIEW STREET.
THE CASE NUMBER IS SEAL 2020 ZERO ONE SEVEN EIGHT TWO THREE.
AND IS THE ORANGE BOOK IN YOUR GOOGLE DRIVE FOLDER? THIS CASE ABOUT A VACANT COMMERCIAL ROAD, ROOMING AND BOARDING HOUSE WAS SUB-CENTER CONDITIONS WHICH REQUIRE REPAIR.
THIS WAS FIRST HEARD IN FEBRUARY, 2020, AT WHICH TIME A REPAIR ORDER WAS ISSUED THE PROPERTY TRANSFERRED OWNERSHIP JUST PRIOR TO THE MEETING AND THE PROPERTY WAS NOT REPRESENTED AT THE FEBRUARY.
HEARING AT THE OCTOBER, THE ORDER ISSUED TO THE PREVIOUS OWNER WAS VACATED.
THE ORDER ALSO REQUIRED THAT THE PENALTIES BE WAIVED THE CASE TO BE CONTINUED TO TONIGHT'S MEETING AND THE REQUIRED AND REQUIRED THAT THE OWNER OWNER'S REPRESENTATIVE RETURN WITH A DETAILED CO COMPLIANCE PLAN IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH FOUR, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT FIVE, WHICH CONTAINS AN UPDATED COMPLAINT IN CASE HISTORY, THE COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND THE REQUIRED POSTINGS AND A COPY OF THE EXECUTED BSC ORDER ISSUED OCTOBER 28, 2020 SECLUDED BSC ORDER EXHIBIT SIX, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED SIX, EIGHT THROUGH SIX F.
AND LASTLY CO'S RECOMMEND RECOMMENDED ORDER CODE INSPECTOR FAIR PRESLEY IS HERE TONIGHT TO PRESENT PHOTOGRAPHS MARKED AS EXHIBITS SIX, EIGHT OR SIX F.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS AND PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M A REGISTERED CODE ENFORCEMENT OFFICER OF THE CITY OF AUSTIN.
AND I AM ASSIGNED TO THIS CASE.
THE INITIAL COMPLAINT CAME IN AS A THREE OH ONE COMPLAINT ON 10, EIGHT, 2018 IS JUNK AND RUBBISH AND PUTTING DUMPSTER IN THE WRONG SPOT.
THIS IS A ROOM IN A BOARDING HOUSE COMPLAINT.
THIS IS A MULTI-FAMILY STRUCTURE THAT IS CURRENTLY VACANT.
THIS IS A LICENSED FRATERNITY WITH THE CITY OF BOSTON.
AT THE TIME OF FIRST INSPECTION, THE CODE OFFICER WAS APPROACHED BY A FRATERNITY MEMBER TELLING HIM THAT THEY COULDN'T STAY IN CERTAIN ROOMS. DUE TO THE SINKING OF THE STRUCTURE NOTICE WAS SENT FOR SEVERAL STRUCTURAL VIOLATIONS.
THE PROPERTY WENT TO BSC ON TWO 13, 2020 FOR NONCOMPLIANCE.
THIS PROPERTY WAS SOLD TO A NEW OWNER ON TWO 11, 20, 20, BUT WE WERE NOT INFORMED BECAUSE BSC BEFORE BSC AND AT BSE ORDER WAS PUT ON THE PROPERTY.
I DID MEET WITH A REPRESENTATIVE FOR THE PROPERTY A COUPLE OF WEEKS AGO AND DISCUSSED THE ISSUES THAT NEEDED TO BE REPAIRED IF THEY WANTED TO COME INTO COMPLIANCE HAND.
FOR ME AT THE NEW OWNER OF THE PROPERTY IS TRYING TO SELL THE PROPERTY AND GIVE THE NEW OWNER THE ISSUES OF REPAIR OR DEMO.
THIS PROPERTY DOES POSE A RISK SINCE IT KEEPS SINKING AND THE OWNER HAS PLACED THE POLES TO HELP TO STRUCTURE TWICE ALREADY.
PICTURES, SIX, A, THIS IS, IT SHOWS THE FRONT CONTEXTUAL
[02:10:01]
VIEW OF THE PROPERTY SHOWS THE SILK FENCING DONE BY THE NEW OWNER.AND, UM, ALSO HAS, UH, THE PRO THE ENTIRE PROPERTY SEALED OFF A CHAIN LINK FENCING TO PREVENT ENTRY.
NEXT PHOTO SHOWS THE COLLAPSE RETAINING WALL ON THE LEFT SIDE OF THE PROP ON THE RIGHT SIDE OF THE PROPERTY.
IT ALSO SHOWS THE FRONT OF THE BUILDING AND THE SINKING OF THE STRUCTURE.
NEXT PHOTO SHOWS THE SHOWS, THE LEFT OF VIEW OF THE WALL, UH, SINKING ON THE LEFT SIDE RETAINING, AND IT SHOWS THE MIDDLE PART WHERE IT'S COMPLETELY GONE NEXT PHOTO.
UM, THIS ONE, I JUST DID A LITTLE BIT CLOSER UP BECAUSE THEY'VE ACTUALLY BORN AND SECURED THE ENTIRE PROPERTY, PLUS FENCED IT OFF.
SO THEY'RE DOING AS MUCH AS THEY CAN TO PREVENT PEOPLE FROM GETTING ANY KIND OF ENTRY TO THIS BUILDING.
AND YOU CAN ALSO SEE WHERE THEY'VE PUT UP, UM, ALL THE EXTRA RED POLES TO HOLD THE SH THIS PART OF THE STRUCTURE UP NEXT PHOTO.
I SHOWS A LITTLE BIT BETTER OF THEM CUTTING INTO THE STUCCO.
THEY ACTUALLY DID AN ASBESTOS TESTING TO SEE WHAT ALL THEY WOULD HAVE TO DO TO REMOVE THE STRUCTURE.
AND THIS IS ACTUALLY, UM, THE ACTUALLY FULL OF ASBESTOS.
IT SHOWS A LITTLE BIT OF FOUR.
THERE'S A STRESS FACTURE BY THE BALCONY.
THIS ACTUALLY HAPPENED, UM, ABOUT THREE MONTHS AGO.
UM, WHEN I FIRST SAW THAT, UH, STRESS FRACTURE GROW UP ONCE THAT'S AROUND THE TIME THAT THEY PUT THE SECOND SET OF POLES TO HOLD UP MORE OF A STRUCTURE, AND YOU CAN SEE WHERE THEY'VE CUT INTO THE STUCCO TO GET MORE, UM, PUT THE POLLS MORE INTO THE ACTUAL STUDS OF THE PROPER OF THE STRUCTURE NEXT PHOTO.
DOES THAT CONCLUDE YOUR PRESENTATION? YES, IT SURE DOES.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OF THE STRUCTURE OF THE PUBLIC AND ATTRACTIVE NUISANCE WAS SUBSTANDARD CONDITIONS.
SOUTH PASS THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBIT SIX, EIGHT THROUGH SIX HALF STEP ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUIRE THAT THE OWNER OWNER'S REPRESENTATIVE COMPLETE THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY, PERMITS, IMPAIR ALL CITED VIOLATIONS OF THE COMMERCIAL STRUCTURE AND REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE REQUIRE THAT THE COMMERCIAL STRUCTURE RESTRUCTURE REMAINED VACATED.
THEY, THEY VACATED BOARDED AND SECURE UNTIL ALL REPAIRS ARE COMPLETE.
AND ON THE 46 DAYS OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHELL CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR, RECITING A SHARE RIGHT HERE BY, UM, ED MAIN EXHIBIT FIVE.
AND I HAD MADE IT SAY WE HAD SIX, EIGHT, SIX.
AT THIS POINT, WE WERE GOING TO ALLOW THE PROPERTY REPRESENTATIVE AND OWNERS TO HAVE THEIR SAY PRESENT TESTIMONY.
AND YOU CAN ALSO PRESENT EXHIBITS AND YOU CAN SHOW HER THE ORDER IN WHICH YOU'RE GOING TO, UH, APPEAR.
IS GRETA GOLDSBY ON BEHALF OF THE OWNER.
UM, WE SPOKE TO YOU ALL ON OCTOBER 28, AND WE WERE ASKED, WE WERE IN THE PROCESS AT THE TIME OF, UM, GETTING OUR STRUCTURAL ENGINEER PLAN, UM, PLANS FINALIZED.
AND WE WERE ASKED TO COME BACK TO THIS MEETING AND SHOW THAT WE HAD MADE PROGRESS, PROVIDE YOU ALL WITH A COPY OF THE PLANS, A COPY OF THE CO CONSTRUCTION CONTRACT TO PREPARE TO, UM, ACTUALLY ADMINISTER AND PERFORM THIS WORK AND, UM, PROVIDE YOU WITH A TIMELINE FOR COMPLETION OF THE WORK.
SO WE PROVIDED THAT INFORMATION, UM, TO YOU TONIGHT.
UH, WE WERE HOPING TO HAVE THE, UH, ACTUAL SHORING CONTRACTOR, UM, HAVE THE FINAL CONTRACT DESIGN TODAY, BUT WE'VE BEEN TOLD AS PART OF THE SCHEDULE THAT THEY WILL HAVE, THAT THEY WILL HAVE IT BY THE END OF THE WEEK, UM, WHICH IS THE 11TH, UM, OF THIS MONTH.
AND WE ARE TOLD BY THEM THAT THEY WILL THEN COMMENCE THE WORK AS EARLY AS THE FIFTH, AS EARLY AS, UM, THE BEGINNING OF NEXT WEEK.
UM, BUT TO BE COMPLETED, UM, BY THE END OF THE MONTH, OBVIOUSLY WITH THE HOLIDAYS, I WOULD ASK THAT WE HAVE ADDITIONAL TIME TO BE ABLE TO COMPLETE THAT, UM, BEYOND THE END OF THE MONTH, UH, PART OF THAT TIMELINE.
BUT I BELIEVE THAT THE 45 DAYS WOULD BE SUFFICIENT.
I'LL LET THE OWNER AND JOHN DATE, THE PROJECT
[02:15:01]
MANAGER THAT'S IN DEALING WITH THIS PROJECT, UM, AND THAT WITH MS. PRESCOTT, UM, SPEAK TO THAT TO MAKE SURE, BUT, UM, WE ARE PROCEEDING WITH THE TEMPORARY SHORING WORK, WHICH WILL STABILIZE THE BUILDING, WHICH WILL THEN ENABLE, UM, THE DEMOLITION OF THE PROJECT, WHICH IS THE ULTIMATE.THAT WILL BE THE ULTIMATE SOLUTION WITH THIS PROJECT.
UM, THERE'S ALREADY A SITE PLAN, A DEMOLITION SITE PLAN ISSUED FOR THIS, UM, THAT PERMIT WILL BE PULLED.
UM, WHEN THE, UH, ABATEMENT WORK CAN START WITH RESPECT TO THE, AS BEST AS WHICH, AGAIN, THIS IS THE FIRST STEP IN THAT PROCESS.
SO WE WILL HAVE THE SHORING FIX THE, UM, THE VIOLATIONS AND THEN, UM, MOVE ON DOWN THE ROAD.
SO, UH, WITH THAT, I WOULD ASK IF YOU ALL HAD ANY QUESTIONS, UM, PROBABLY BETTER ANSWERED BY THE, UM, THE MR. DUKE WHO IS HERE, UM, ON BEHALF OF WHO HAS BEEN KIND OF SHEPHERDING THIS WORK FOR THEM, OR DO YOU HAVE ANY OTHER, UH, TESTIMONY THAT YOU WANT TO OFFER OR ANY OTHER EXHIBITS? UM, WE PRO WE OFFERED THE EXHIBIT THAT IS THE, UM, THE TIMELINE TO COMPLETE THE SHORING WORK AND THE CONTRACT FOR THE SHOWING WORK.
AND ALSO THE DESIGN, THE DESIGN THAT WAS PREPARED BY DEN WAYNE ASSOCIATES.
DO YOU HAVE ANY OTHER TESTIMONY FROM ANY OF THE OTHER REPRESENTATIVES? UM, JACOB, JOHN, I MEAN, I, I, THIS IS, UM, JULIAN SHAKEN FROM KIN.
UM, UM, I, I THINK, UM, UH, I DON'T REALLY HAVE ANYTHING TO ADD, UM, YOU KNOW, HERE TO ANSWER, UM, ANY QUESTIONS TO THE BEST I CAN.
UM, UM, AND THEN I WOULD JUST, UM, DEFER TO, UM, MR. DUKE WHO'S CONSTRUCTION MANAGER AND, UM, MUCH, PROBABLY HAS MUCH, MUCH FULLER, UH, KNOWLEDGE FROM THE EVENTS OF THE LAST, UM, SHE WANTS, I ALMOST, WELL, I GUESS NOT GOING TO HAVE, SINCE WE WERE BEFORE YOU LAST AND WE COMMITTED TO DO, UM, YOU, UM, ORDERED US TO DO CERTAIN THINGS AND WE'VE REALLY TRIED VERY HARD TO, TO DO THEM.
UM, AND, UM, THAT'S, I THINK REALLY ALL THAT I HAVE TO OFFER TO WHAT IS CALLED TO BE SAD.
UM, THIS IS, THIS IS JOHN DUKE.
I WOULD JUST ADD, AND, AND FIRST I WANT TO THANK VERA FOR COMING OUT AND MEETING ME ON SITE.
WE, WE HAD A GOOD VISIT WALKING THROUGH ALL THESE ITEMS AND KIND OF TALKING THROUGH THE TIMELINE TO COMPLETE THE SAME.
AND I'LL ALSO LIKE TO POINT OUT THAT, YOU KNOW, WE, OUR INITIAL TIMELINE THAT WE, WE SAID, UH, WE'VE ACTUALLY BEEN FORTUNATE ENOUGH TO, TO EXPEDITE.
SO, UM, I'M PLEASED WITH THAT ON, ON GETTING THE SHORING UP, UH, YOU KNOW, AND, AND THAT WILL MAKE THE STRUCTURE SOUND SO THAT THEY CAN ULTIMATELY BE DEMOLISHED.
WE W WE'RE NOT, WE'RE NOT ABLE TO DO ANYBODY ADMIN UNTIL WE CAN ACTUALLY GET THE REASSURING UP AND THEN THAT PROCESS, UH, WE'LL BE ABLE TO MOVE FORWARD.
SO, UM, THANK YOU FOR, FOR COMING OUT.
I'VE GOT A QUESTION BEFORE I OPEN UP THE, UH, THE, UM, THE MEDIUM FOR QUESTIONING BY THE COMMISSIONERS THAT WE HAD TO QUESTION MYSELF OF, UM, FROM A PRESLEY QUOTE ENFORCEMENT, UM, IS, UH, PRESLEY
UM, SO I SAW WHAT YOU'RE LOOKING AT RIGHT NOW ON THE SCREEN, THE GUIDELINE, BUT I HAVE NOT SEEN IT, THE CONTRACT FOR, I DON'T THINK THEY'RE GOING TO HAVE THAT READY UNTIL THEY 11.
SO THEN, OR ARE YOU IN A POSITION TO MAKE AN OPINION AS TO WHETHER YOU THINK THIS WILL BE SUPERVISED TO BRING THE PROPERTY UP TO STANDARD, OR AT LEAST TEMPORARILY OR PERMANENTLY? UM, SO PERMANENTLY THEY COULDN'T JUST SHORE IT UP AND LEAVE IT LIKE THAT, THAT THEY WOULD ACTUALLY HAVE TO REPAIR IT COMPLETELY OUR DEMO, THE PROPERTY TO HAVE IT COMPLETELY DONE, BUT SOARING, AS FAR AS WHAT THEY'VE DONE SO FAR HAS BEEN GREAT.
UM, IT DOES NEED SOME MORE, WHICH IS WHY THEY GOT A STRUCTURAL ENGINEER FOR A SECOND TIME AND DONE IT AGAIN.
SO THEY HAVE DEFINITELY COMPLIED AS MUCH AS POSSIBLE FOR WHAT THEY'VE BEEN HAVING TO DO
[02:20:01]
COMMISSIONERS.I, I JUST, I GUESS I WANT TO JUST TAKE A STAND SLIGHTLY MS. PRESLEY ON, ON SHABBY LA'S, UH, QUESTION, UH, WOULD YOUR RECOMMENDATION BE, UH, WELL, WHAT WOULD YOUR RECOMMENDATION BE? UM, IS THIS A SITUATION THAT WOULD BE REMEDIED BY FIVE MORE TIME OR, UM, I'LL LEAVE IT AT THAT.
UM, BASICALLY THE ONLY THING THAT'S GOING TO REMEDY THIS IS PROBABLY DEMO ONLY BECAUSE IT'S GOING TO BE WAY MORE EXPENSIVE TO REPAIR THAN IT WOULD BE TO ACTUALLY DEMO IT.
UM, I KNOW THEY'VE RAN INTO A LOT OF ISSUES JUST BECAUSE OF THE AREA IT'S IN ALL THE HERITAGE TREES THAT ARE ON THE PROPERTY.
AND THAT'S THE MAIN ISSUE THEY'RE HAVING IS, UM, HAVING TO GO AROUND ALL THIS, UH, ARBORIST ISSUES AND STUFF.
AND I THINK THEY HAD A DEMO PERMIT.
THEY PLANNED TO DO IT A LONG TIME AGO, LIKE FOUR OR FIVE MONTHS AGO, BUT THEY WERE STOPPED BECAUSE OF THAT, THE TREE ISSUE.
SO THEY ARE TRYING TO COMPLY WITH STUFF.
THANK YOU, MR. CHAIRMAN, ANY OTHER QUESTIONS? YES.
UM, THIS IS COMMISSIONER WILL GO BY DAY.
AND THE QUESTION I HAVE IS FOR THE OWNERS REPRESENTATIVES.
UM, I DO SEE YOUR EXHIBIT THAT GIVES US A TIMELINE OF ALL THE PROGRESS YOU'VE MADE SO FAR.
AND SO I GUESS THE MAIN THING THAT JUMPED OUT AT ME IS THAT AT LEAST ACCORDING TO THAT DOCUMENT, YOUTH, BELIEVE THAT THE MORE PERMANENT SOLUTION WILL MAYBE BE POSSIBLE BY MARCH OF 2021.
SO THE, UH, WE HAVE A NEW EXHIBIT.
WE WERE ABLE TO EXPEDITE THE ORIGINAL SHORING WORK, AND I SENT THAT OVER YESTERDAY WITH BACKUP.
I'M NOT, I'M ASSUMING THAT THAT'S BEEN, IT'S A SPREADSHEET THAT HAS ALL OF THE ITEMS FROM 10 20, STARTING ON 10 22 UNTIL, UM, THROUGH THE END OF INTENDED COMPLETE CONTEMPLATED COMPLETION, WHICH IS DECEMBER.
SO WE'VE ACTUALLY MOVED UP TO DATE AS MR. DUKE EXPRESS.
WE'VE MOVED UP TO DATE ON THE SHORING ON COMPLETION OF THE SHORING WORK.
WE WILL WERE, WE WERE ABLE TO ACTUALLY GET THE, UM, STRUCTURAL ENGINEER TO COME OUT AND TO ACTUALLY, UM, DO THAT WORK, PREPARE THOSE PLANS.
WE SIGNED A CON, WE SIGNED A CONTRACT, THE OWNER SIGNED A CONTRACT WITH BUILT, RIGHT, WHICH YOU HAVE BEFORE YOU, UM, YOU SHOULD HAVE A FOR YOU.
UM, AND NOW THAT CONTRACTOR IS IN THE PROCESS OF TAKING THOSE ENGINEER PLANS AND, UH, FINALIZING THEM INTO CONSTRUCTION PLANS, JOHN, CORRECT ME IF I'M MISSTATING ANY OF THIS.
UM, AND THAT WORK WILL ACTUALLY BEGIN.
UM, WE ARE HOPEFUL THAT IT WILL BEGIN NEXT WEEK, BARRING SOME UNFORESEEN WEATHER OR ILLNESS OR SHORTAGE IN LABOR OR SOMETHING LIKE THAT.
SO WE BELIEVE THAT THE WORK WILL BE COMPLETE BY THE END OF THE MONTH.
ALTHOUGH, LIKE I SAID, AT THE BEGINNING, I, I DON'T, I DON'T WANT TO COMMIT TO SOMETHING TO BE DONE BY DECEMBER 30TH WHEN IT'S DECEMBER 9TH.
AND WE KNOW WE'RE GOING TO HAVE HOLIDAYS, WE KNOW WE'RE GOING TO, WE COULD POSSIBLY HAVE WEATHER, UM, WHICH IS WHY, YOU KNOW, WE WOULD ASK FOR, UM, YOU KNOW, 45 DAYS TO HAVE MS. PRESSLEY BACK OUT AND, AND LOOK AT TO CONFIRM THAT THE, THE TEMPORARY SHORING WORK HAS BEEN DONE.
AND THEN AS SAID PREVIOUSLY, UM, THERE IS A DEMOLITION, THERE'S A SITE PLAN DEMOLITION, UM, APPROVED, ISSUED TWO WAS ISSUED ABOUT, I THINK, SIX MONTHS AGO.
NOW IT'S GOOD FOR THREE YEARS SO THAT THE DEMOLITION PERMIT CAN ACTUALLY BE PULLED ONCE THE SHORING WORK IS DONE, THE BUILDING IS STABILIZED.
THE ABATEMENT FOR WHICH THE, UM, SET ABOUT AS BEST AS STUDIES HAVE ALREADY BEEN DONE, UM, HAVE BEEN PERFORMED, CAN BE COMPLETED.
AND THEN THE PROJECT CAN ULTIMATELY BE DEMOED ONCE.
UM, AS MS SPECIALLY SAID, UM, THAT THE, UM, REQUIREMENTS AND DEALING WITH, UM, ALL OF THE CITY REQUIREMENTS WITH RESPECT TO THE BUILDING DEMOLITION WILL BE DONE.
BUT BEFORE YOU TODAY, WE HAVE A PLAN AS WE DISCUSSED LAST, UM, YOU KNOW, WE HAVE A MORE CERTAIN TIMELINE.
WE HAVE OUR ENGINEERING PLANS AND WE HAVE A SIGNED CONTRACT.
SO, UM, WITH THAT, WE FEEL LIKE WE'VE COMPLIED WITH WHAT WE'VE DONE, WHAT WE TOLD YOU THAT WE WOULD DO.
AND WE ARE, AS I SAID, EXPEDITING, WHERE WE WERE LUCKILY ABLE TO EXPEDITE THE ACTUAL, UM, WORK ITSELF UNDER THAT CONTRACT.
[02:25:04]
OKAY.I HAVE A QUESTION FOR, UH, GOLSPIE GRETTA.
THE, UH, BORDER ENFORCEMENT STAFF IS ASKING US TO ADOPT A, A ORDER EVEN IN 45 DAYS FROM THE DATE THAT THE ORDER IS MAILED, REQUIRING YOU TO COMPLETE THE, UM, UH, OBTAINING AND FOUND LICENSES OR PERMITS, REPAIRING CITED VIOLATIONS, UH, REQUEST AN INSPECTION FOR MOST ENCODED VERIFY COMPLIANCE.
AND IF, UH, YOU, UH, VACATE THE PROPERTY, WARDED AND SECURITY, IS THAT A WORKING TIMELINE FOR YOU, WHICH WOULD PUT YOU AT LEAST IRRITATE JANUARY THE 23RD, 45 DAYS, THE 45 DAYS, SIR.
UM, TO DO THE TEMPORARY SHORING WORK.
THAT IS, THAT IS, I DO NOT SEE ANY ISSUE WITH THAT TIMELINE, JOHN.
WE CAN DEFINITELY HAVE THE TEMPORARY SHORING UP.
WE CAN NOT HAVE THE BUILDING DEMOLISHED IN 45.
SO, MS. PRESSMAN, MY QUESTION THEN IS WHAT IS, WHAT ARE WE SEEKING TO DO WITH THIS ORDER? I'D HAVE TO GO HIGHER UP THE ME BECAUSE, UM, I CAN'T SAY ON THE DAYS IT WOULD BE ROBERT MORA MARLENA RIDE ON THAT ONE.
SO THE, THE ORDER THAT WAS READ INTO IT WAS A 45 DAY REPAIR ORDER, BUT THE $2,000 A WEEK.
AND IF WE'RE TALKING ABOUT THE TEMPORARY SHORING WORK THAT WE'VE BEEN WORKING TO DO TO UNDERTAKE, THAT CAN ABSOLUTELY BE COMPLIED WITH.
AND I, I THINK PART OF THE STORY HERE AS WELL IS THAT THAT'S, THAT'S PART OF THE PROCESS.
YOU KNOW, THE TEMPORARY SHORING, UH, IS, IS PART OF THE OVERALL PROCESS.
AND SO THAT, THAT PIECE IS GOING TO TAKE SOME TIME.
THE NEXT STEP IS GOING TO TAKE SOME TIME.
IN THE MEANTIME, AS, AS, UH, MS. BRESLIN POINTED OUT, WE'VE GOT A FENCE UP, WE BOARDED UP THE PROPERTY.
UH, WE HAVE PATROLS, WE HAVE PEOPLE COMING BY AND, AND MAINTAINING THE PROPERTY AS BEST THEY CAN.
THEY'RE THEY'RE, THEY'RE MOWING THE GRASS, MAKING SURE IT'S NOT OVERGROWN.
SO WE'RE TAKING STEPS AND ACTIVELY MANAGING THIS ISSUE TO A RESOLUTION POINT.
UM, SO I, I WOULD ASK THAT A LITTLE BIT OF LENIENCY BE GRANTED JUST AS WE CONTINUE TO MOVE THROUGH ALL OF THESE THINGS.
THE OWNER HAS SHOWN REALLY GOOD FAITH EFFORTS TO GET TO THE END, WHICH IS DEMOLISHING THE BUILDING AND ULTIMATELY BUILDING A NEW BUILDING YOU'RE JOKING ABOUT TO OUR PROCESS, AND YOU'RE SENDING IT WITHIN 45 DAYS.
YOU CAN SHOW HER THE BILLING SO THAT IT CAN BE SECURED, BUT THAT IS GOING TO TAKE YOU LONGER THAN THAT TO DO THE DEMO.
WE'VE SO TO GET THE SHORING UP, UH, YOU KNOW, WE'RE, UH, WE'RE HOPEFUL THAT THAT WOULD HAPPEN FASTER THAN THE 45 DAYS, BUT IT'S GREAT, UH, POINTED OUT THERE, THERE, YOU KNOW, HOLIDAYS AND WHATNOT.
UM, AND THEN AFTER THAT HAPPENS, WE HAVE TO SHORE UP THE BUILDING BEFORE ANY ABATEMENT CAN, IT CAN OCCUR.
SO ONCE THE BUILDING IS SHORT UP, THEN THE ABATEMENT CONTRACTOR, UH, WHICH WE S WE, WE HAVE TO FINISH BUILDING THAT OUT.
WE HAD TO DO AN ABATEMENT SURVEY TO DEFINE THE ASBESTOS CONTENT IN THE BUILDING, WHICH WE HAVE DONE NOW THAT WE HAVE THAT, THEN, THEN THAT WOULD GO AND BE BID OUT.
BUT IN THE MEANTIME, WE'VE GOT TO PUT THE SHORING UP.
THEN THE ABATEMENT CAN BE DONE.
THEN THE DEMOLITION CAN OCCUR.
YOU KNOW, THERE ARE, THERE ARE WAYS TO DEMOLISH A BUILDING THAT CONTAINS AS BEST AS, WITHOUT GOING INSIDE OF THE BUILDING, BUT IT BECOMES MUCH MORE HAZARDOUS TO EVERYBODY AROUND THE BUILDING.
THERE'S DIFFERENT REGULATIONS FOR THAT.
AND WE CAN BE IN THAT IT'S WEST CAMPUS.
AND THEN THERE'S A LOT OF PEOPLE IN THAT AREA.
WE PREFER TO KEEP IT CONTAINED INSIDE.
IT'S MUCH EASIER FOR US TO DO THAT ABATEMENT PROCESS.
SO THE SHORING IS, UH, IS A, I WOULD CALL IT A THREE-STEP PROCESS, REALLY SHORING ABATEMENT, THEN DEMOLITION.
AND ALL OF THOSE THINGS JUST RUN OUT TOGETHER, PROBABLY GOING TO TAKE SIX OR MORE MONTHS, BUT I THINK YOU'LL BE HAPPY IF YOU WERE, YOU KNOW, IF WE WERE TO SHOW YOU THERE'S PEOPLE OUT THERE AND WORKING ON THESE THINGS AND TEARING THEM DOWN AND GOING THROUGH THE PROCESSES AND ULTIMATELY THERE'S, THERE'S THE BUILDING IT'S BEING SCRAPED, CLEAN, JERRY, THIS IS PATRICIA.
CAN I ASK A CLARIFYING QUESTION
[02:30:01]
OF STAFF IS THE REPAIR THAT YOU HAVE PROPOSED RECOMMENDED TO DO THE TEMPORARY SHORING? UM, THIS IS MY QUESTION BECAUSE IT DOESN'T READ THEIR WAY.THAT'S WHY I'M ASKING THIS QUESTION, BECAUSE I DON'T WANT US TO ISSUE AN ORDER.
AND THEN THERE'S, THIS IS THIS.
THIS IS AN ORDER TO REPAIR EVERYTHING THAT'S OUTLINED IN THE NOTICE OF VIOLATION.
SO THAT DOESN'T JUST INCLUDE ONLY EXCLUDE ANY OTHER VIOLATIONS AND SHOWING ONLY IT'S WE ARE ASKING FOR REPAIR OF EVERYTHING THAT'S OUTLINED IN THE NOTICE OF VIOLATION.
IF THE OWNER SHORT, DOES IT TEMPORARY SHORING, IS THAT SATISFIED? THE VIOLATIONS THAT HAVE BEEN CITED SO FAR? DO YOU WANT TO PULL UP THE NOTES? LET'S SEE.
THERE WOULD NEED TO ANSWER THAT SINCE SHE'S THE INSPECTED THAT'S OUT AT THE PROPERTY AND ISSUE THE NOTICE OF VIOLATION.
SO JUST TO MAKE EVERYBODY AWARE OF WHAT'S GOING ON.
SO BASICALLY WHAT THEY'RE SAYING IS THEIR DEMO IS GOING TO TAKE A LOT MORE BECAUSE OF THE ASBESTOS REMOVAL WHERE THEY'RE AT WHAT'S LOCATED.
SO THE TEMPORARY SHORING THAT THEY'RE ADDING IS NOT SOMETHING THE CITY IS ASKING THEM TO DO.
THAT'S ACTUALLY, SO THEY CAN GET INTO THE BUILDING AND REMOVE THE ASBESTOS, WHICH IS GOING TO BE PART OF THE DEMO.
WE'RE ACTUALLY ASKING FOR 45 DAYS FOR THE, FOR THE ACTUAL COMPLETE REPAIR.
IN OTHER WORDS, YOU GO UP THERE AND NO SHORINGS DONE IT'S, IT LOOKS JUST LIKE A, UH, A NEW BUILDING UNDER THERE.
AND THE RETAINING WALL BE REPAIRED ARE WE'RE ASKING FOR IT TO BE DEMOED WITHIN 45 DAYS.
SO THEN AS FAR AS I KNOW, I KNOW, BUT THAT'S, THAT'S PART OF WHAT THE ASKING IS.
AND, AND IF YOU ASK, YOU CAN GET A LITTLE BIT MORE TIME.
UM, IT'S JUST ONE OF THOSE THINGS THAT, UM, IT'S ALL UP TO THE PANEL, BASICALLY ONE MORE TIME.
AND I HOLD ON THAT THOUGHT THAT WE WERE TO COME BACK WITH THE, WITH THE TEMPORARY SHORING PLAN, WHICH WAS A TEMPORARY, WHICH WAS A TEMPORARY FIX TO STABILIZE AT THE BUILDING, UM, IN OCTOBER.
UM, THAT IS WHAT I THOUGHT WE WERE BEING ASKED TO COME BACK WITH, UM, UNDERSTANDING THAT THE ULTIMATE REPAIR WOULD BE THE DEMOLITION.
UM, BUT SO I, I WOULD ASK THAT WE WOULD BE ABLE TO HAVE, AS JOHN JUST ACCURATELY DESCRIBED A SIX MONTH PERIOD TO GET EVERYTHING RIGHT AND FINALIZE THE DEMOLITION.
NORMALLY WE WOULD GIVE THAT MUCH TIME, BUT WE'VE ALREADY HAD IT FROM MARCH TO NOW AND THEN WITH THE SHORING BEING TWICE DONE.
AND THEN, UM, OF COURSE, I GUESS Y'ALL JUST GOT INTO THIS ABOUT FIVE MONTHS AGO.
SO THAT'S BEEN A LONG TIME ON THE CITY'S PART OF TRYING TO GET THIS TO COMPLY.
AND THAT'S THE REASON THAT THE NOTICE SAYS 45 DAYS INSTEAD OF THE NORMAL, LIKE THREE MONTHS OR SOMETHING.
MR. CHAIRMAN, UH, COMMISSIONER, UH, TAD.
I MOVED TO CLOSE, UH, THE PUBLIC HEARING.
I THINK I CAN CHANGE YOUR, OKAY.
SO BOBBY CAME IN HIS ROOM, MORE DISCUSSION QUESTIONS.
BUT AGAIN, I GUESS MY CONCERN IS THAT THEY ARE MAKING IS SIM LIKE THAT, DOING THE RIGHT THING, THINGS AND TRYING TO GET THIS DONE AND THAT THE SHORING IS A TEMPORARY FIX TO ENABLE THE OWNERS TO THEN INTO THE NEXT STEP, WHICH WILL BE TO ADDRESS THE ASBESTOS AND THEN EVENTUALLY DO THE DEMOLITION.
UM, SO, SO THAT OUR MEASURE IS NOT PUNITIVE, WHICH IS NOT THE PURPOSE OF THE COMMISSION, BUT MORE TO, UM, TO GET COMPLIANCE.
OBVIOUSLY I WOULD IMAGINE THAT ALLOWING A LITTLE BIT MORE TIME IS, IS NOT A BAD ID MAP, BUT, YOU KNOW, IN THE SAME BREATH, AS TIM SAID, THAT OWNERS ARE NOT CONFIDENT THAT IT WILL GET TO THAT LAST STEP OR MAYBE ANOTHER SIX MONTHS, AND WE ARE NOT ABLE TO DO THAT.
I WOULD BE LEANING MORE TOWARDS ALLOWING THE FULL 90 DAYS.
UM, BUT WE DON'T NECESSARILY WANT TO SEE PEOPLE BACK OVER AND OVER AGAIN,
[02:35:01]
IF WE KNOW THAT THE, THE COMPLIANCE WOULD NOT BE ACHIEVED, UM, AT THAT POINT.I'M NOT SURE WHERE TO GO WITH THAT, BUT THOSE ARE MY THOUGHTS, COMMISSIONER GUMBY TODAY.
WOULD YOU LIKE TO MAKE THAT INTO A MOTION THE 90 DAY DO AN ORDER WITH A 90 DAY, UH, INSTEAD OF A 45 DAY? UM, I WOULD LIKE TO WAIT TO SEE IF OTHER COMMISSIONERS HAVE ANY INPUT AND THEN I WOULD PROBABLY LIKE TO MAKE THAT KIND OF EMOTION.
UH, CHAIRMAN, COMMISSIONER, COMMISSIONERS, GO AHEAD.
YEAH, I, I JUST, I WOULD LIKE TO OFFER FOR THAT IF COMMISSIONER
I HAVE A FEELING THAT, YOU KNOW, THE ORDER IS RATHER CONFUSING TO THE OWNERS AND, UH, JUST RATHER CONFUSING TO ME TOO.
CAUSE I THOUGHT THAT WE'RE ALSO GONNA JUST, UH, GIVE THEM TIME TO DO THE SHORING SO THAT THEY COULD MOVE ON WITH A PROJECT.
SO I WOULD AGREE TO THE 90 DAY MYSELF FOR NOW.
UH, SO THERE IS A MOTION ON THE FLOOR.
SO THIS IS COMMISSIONER BY BIG DAN.
SO I'D LIKE TO, UM, A MOTION TO ADMIT THE EXHIBITS, UM, THAT, AND THE STAFF'S PROPOSED FINDINGS.
SO FACTS AND CONCLUSIONS OF LAW AND ALL THE OTHER DOCUMENTS AND ALSO, UM, MAKE A SLIGHT MODIFICATION TO ASK THAT ALL CITED VIOLATIONS BE REPAIRED.
UM, WITHIN 90 DAYS FROM THE DATE, UH, THE ORDER IS MILLS AND THAT AFTER THE NIGHT, WELL, I GUESS ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, THEN THE PINOUT PENALTIES WOULD KICK IN.
WHAT'S YOUR EMOTION, A THOUSAND DOLLARS PER WEEK RIGHT NOW WHAT'S YOUR MOTION INCLUDE ALL THE ITEMS LISTED UNDER PARAGRAPH ONE, A, B, AND C, YOU KNOW, FINALIZE SOME NECESSARY PERMITS, REFERRALS, SAFETY VIOLATIONS, TO THE COMMERCIAL STRUCTURE, REQUESTING INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
YOU WANT TO ADD THOSE TO YOUR MOTION? ABSOLUTELY.
ALL THOSE THINGS, THE ONLY CHANGE WOULD BE THE TIMEFRAME LEAD DAYS.
AND THEN, UM, YEAH, I THINK THAT SHOULD BE FINE.
COMMISSIONER CHAIRMAN, COMMISSIONER TODAY'S MOTION DISCUSSION.
THE CURRENT PENALTIES ARE $2,000 PER YEAR.
YEAH, THE, THE ORDER, IF, IF, LET ME JUST, IT, IT DOES STATE CITED VIOLATIONS.
IT SAYS REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE AND THEN THE PENALTY IS SET AT $2,000.
WELL, THANKS FOR CLARIFYING THAT 2000 A WEEK.
I'M INCLINED TO LEAVE THAT ALONE JUST BECAUSE I, I BELIEVE WE WOULD BE SEEING THEM AGAIN.
SO AFTER THOSE 90 DAYS, ANY OTHER COMMENTS ON THE, UM, THE PENALTY ITSELF? I GUESS NOT A QUESTION, BUT A STATEMENT.
UM, UH,
UH, I THINK THE PREP, BUT THAT TIMELINE
[02:40:02]
UM, MS. SWANK.SO WE WERE TO ADOPT AN ORDER WITHOUT ANY PENALTIES.
THE MACHINE MAY AN ORDER THAT PENALTIES.
SO THAT TAKES ME BACK TO, UH, COMMISSIONER.
SO STATE, UH, YOU, YOU, UH, HAD SET THEM TO MOTION, BUT THEN IT'S BEING MODIFIED TO EXCLUDE, UH, THE PENALTIES.
ARE YOU WILLING TO, UM, UH, SECONDEE A MOTION WITH A MODIFICATION? I THINK I WOULD SECOND THE MOTION WITH A MODIFICATION.
I, I WOULD AGREE WITH, UM, COMMISSIONER STILL STANDS THEN I I'M OKAY WITH NO PENALTY.
I REALLY DO THINK THAT THEY'RE DOING THEIR BEST AT THIS POINT.
THERE ANY MORE DISCUSSION OR READY TO CALL THE QUESTION? OKAY.
UH, RELIEF, UH, THE FILING OF THAT, UM, CONVENIENCE, THEY COULD HAVE HAD EVEN A LITTLE SOONER AND GETTING THIS INSTEAD OF GETTING IT RIGHT RIGHT NOW IN DECEMBER, THEY COULD HAVE HAD THAT TIME OVER TO THE PRESENT TO YOU EVEN LAMBER LAMBERT AT THE TIME THAT WE WEREN'T FEELING TO SAY, HEY, WE'VE DONE THAT.
I CALL THE QUESTION THEN, UH, LET ME GET THE LIST OF THE MEMBERS.
CAN YOU READ THE, UM, WHAT THE MOTION IS NOW? THE MOTION IS WITHIN 90 DAYS FROM THE DAY THAT THE ORDER IS MAILED, REQUIRES THE OWNER OR OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING, OBTAINING FINALIZE ALL NECESSARY, PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE, REQUEST INSPECTION FROM CITY AUSTIN CODE TO VERIFY COMPLIANCE.
UH, NOTHING WAS MENTIONED ABOUT SECURING THE PROPERTY, BUT I DON'T THINK THERE'S BEEN AN ISSUE I'M SECURING THE PROPERTY IN.
AND, UH, AND, UH, NO PENALTIES HAVE BEEN, UH, DESIGNATED THEY'D SEE A MOTION.
SO IF THEY DON'T DO IT, THERE'S NO METAL TUBES.
CAN YOU HEAR ME? THIS IS ROBERT MOORE.
I'D LIKE TO JUST SAY SOME, UH, DIVISION MANAGER, ROBERT MOORE, AUSTIN CODE, UH, AN ORDER WITH NO PENALTIES.
I MEAN, THAT DOESN'T, I MEAN, THAT'S NOT REALLY THAT DOESN'T DO ANYTHING.
I MEAN, WE COULD LOOK AT THIS AT ANOTHER ANGLE AND, YOU KNOW, IT SEEMS THAT THE OWNERS ARE LOOKING TO DEMO DEMOLISH THE STRUCTURE.
UH, IF Y'ALL ARE IN AGREEMENT WITH THAT, UH, YOU COULD DO A DEMO ORDER, UH, YOU KNOW, AND, YOU KNOW, YOU COULD DO IT FOR 90 DAYS, WHICH IT SOUNDS LIKE IT'S GOING TO TAKE THEM SIX MONTHS, BUT IN REALITY, UH, ONE, THE CITY WOULD NOT START THEIR DEMOLITION PROCESS IF CURRENT DEMOLITION WAS BEING PERFORMED.
UH, AND TO, YOU KNOW, IT TAKES US SIX PLUS MONTHS TO GET IT SET UP FOR THEM DEMOLITION.
I JUST, UH, AN ORDER WITHOUT A PENALTY ADD, I DON'T KNOW WHAT THAT DOES.
I MEAN, IT JUST DOES NOTHING CHAIRMAN, UH, YEAH.
UH, TIM STOVES TO HAVE, I THINK IN LIGHT OF MR. MOORE'S POINT.
I, I, I THINK I DO WANT TO WITHDRAW MY SUPPORT OR, UH, IN AN ORDER WITHOUT A PENALTY.
I THINK, I THINK MR. MORMON MAKES A GOOD POINT, UM, UH, THAT, UH, YOU KNOW, WE EITHER NEED TO ORDER SOMETHING OR NOT, BUT TO, TO, TO, UH, REPORT TO, UM, THE PURPORT TO MAKE AN ORDER, IT HAS NO CONSEQUENCE WHERE ITS VIOLATION IS IN UTAH, SO TO SPEAK.
AND SO, UM, I, I GUESS I, I GUESS I WANTED THAT, THAT BACK, UM, SORRY, SORRY TO REVISIT THIS.
I KNOW YOU ASKED ME A MOMENT AGO, BUT IF YOU'RE GROWING YOUR SECOND DOES EMOTION, MAN, I THINK THAT'S RIGHT.
[02:45:03]
SO THERE IS THERE ANY OTHER SECOND TO THAT MOTION IS NOT THAT MOTION FAILS.I WILL THROW UP AND LOOK HAVING A DIFFICULT TIME HEARING TO HEAR ANY OF YOUR INPUT.
THERE'S A LOT OF STATIC AND FEEDBACK ON YOUR END.
I JUST SAID, I SECOND THAT MOTION OF MR. STAN.
SO, UH, THAT'S, THAT'S WHERE, UH, UH, D WERE SAYING THAT THERE WAS NO MOTION THAT, UM, I'M, UH, GOING FOR THAT.
HE WAS WITHDRAWING HIS SECOND TO THE PREVIOUS MOTION, UH, UM, COUNSEL BALSTER RIGHT.
SO, OR WE'RE IN A POSITION TO BE ABLE TO ADOPT A DEMOLITION ORDER.
AND WOULD THE DEMINERALIZATION ORDER CARRY PENALTIES TRADITIONALLY? THEY DO NOT BECAUSE THE ACTUAL CONSEQUENCES VALUE FAILING TO COMPLY WITH THE DEMOLITION ORDER IS THAT THE CITY UNDERTAKES THE DEMOLITION AND THE NERVOUSNESS IS THE PROPERTY OWNER.
DOES ANYBODY IN THE COMMISSIONER FEEL THAT IMMIGRATION ODOR WOULD BE A GOOD WAY TO GET THIS MEETING? UH, THIS ISSUE FINALIZED QUICK QUESTION.
UH, THERE, THERE AREN'T COMMISSION.
WE DON'T HAVE ANY MOTIONS BEFORE THE FLOOR YET WHERE I'M ENTERTAINING MORE MOTIONS.
I MEAN, IS THERE, IS THERE, IS THERE ANY REASON WHY WE SHOULDN'T AND I GUESS EVEN IF PUBLIC HEARING HAS BEEN CLOSED, I WOULD, I WOULD BE TEMPTED TO HEAR FROM THE PROPERTY OWNER ON THIS ONE.
I MEAN, WHY NOT? UH, I LOSE MY THOUGHT ABOUT ASKING THE PROPERTY OWNERS A DEMOLITION ORDER ISSUED BY US WOULD WORK WELL FOR THEM.
I'M GUESSING IT WOULD, BUT I'D LOVE TO HEAR FROM THEM AND NOT HEAR FROM, UH, A PROPERTY REPRESENTATIVE REGARDING YES, THIS IS
THIS IS GRETA GOLDSBY AND OUR SOLUTION TO REPAIRING THE INFRACTIONS VIOLATIONS IS TO DEMOLISH THE BUILDING.
THE PROPERTY OWNER HAS SPENT A GREAT DEAL OF TIME AND EFFORT TO GET THE SITE PLAN NECESSARY TO DEMOLISH THE PROPERTY.
SO WE WOULD APPRECIATE A DEMOLITION ORDER.
UM, WE WOULD WANT TIME TO DO THAT OBVIOUSLY, BUT WE WOULD, WE WOULD APPRECIATE THAT BECAUSE THAT IS IN REALITY, WHAT WE ARE PREPARED AND INTENDING TO DO.
AND THOSE ARE THE STEPS THAT WE'VE BEEN TAKING TO DO.
A QUESTION FOR THE PROPERTY OWNER.
HOW MUCH TIME MS. LEWIS, UM, MR. DUKE CAN SPEAK TO THAT BETTER.
I, BUT THE STEPS THAT WE HAVE TO TAKE TO, TO FINALIZE DEMOLITION TO ACTUALLY DEMOLISH THE BUILDING INCLUDE THIS TEMPORARY SHORING WORK THAT WE HAVE UNDERWAY, AND THEN THE ASBESTOS ABATEMENT, THEN THE ACTUAL DEMOLITION.
AND, UM, I BELIEVE MR. DUKE EARLIER SAID THAT, YOU KNOW, OUTSIDE DATE OF SIX MONTHS, UM, WE CAN, YOU KNOW, TRY TO EXPEDITE THAT.
AND, BUT THAT, YOU KNOW, THAT IS WHAT I'M HEARING FROM THE EXPERT IN THE, IN THE CONSTRUCTION FIELD.
SO YEAH, IF, IF, UH, MS. DUKE IS, UH, UH, MR. DUKE RATHER IS ON THE LINE, UH, JUNE 1ST, UM, I MEAN, I, I, MAYBE I NEED TO JUNE 1ST, I THINK JUNE 1ST IS WHAT WE'VE SPOKEN ABOUT INTERNALLY AS BEING INAPPROPRIATE OUTSIDE DATE FOR DEMOLITION
[02:50:01]
THE LINK, UM, RIGHT HERE, PLEASE.NO, I, I, YOU KNOW, FROM THE TIME WE SWING THE FIRST HAMMER, IT'LL TAKE THREE MONTHS TO TAKE THE GOOD TO ABATE THE BUILDING AND TAKE IT DOWN.
IF THERE WAS NO AS BEST AS IT WOULD BE A LOT FASTER, UH, GIVEN THE, THE AMOUNT OF TREES ON SITE AND EVERYTHING, IT WOULD, IT'S JUST, WE CAN'T JUST GO IN AND BULLDOZE IT.
I MEAN, IT'S GOING TO HAVE TO BE A SURGICAL DEMOLITION AND, AND, UH, SO, SO WE'LL TAKE A LITTLE BIT OF TIME AND IT'LL HAVE TO BE DONE BY A THOUGHTFUL CONTRACTORS AS WELL.
UH, MR. CHAIRMAN, IF I MAY, I'M GOING TO ASK HIM AS MS. LINK, UM, IS, IS THAT, IS THAT WITHIN OUR AMBIT? CAN WE, CAN WE, UH, CONSTRUCT AN ORDER THAT WOULD GIVE THEM UNTIL JUNE 1ST OR, OR IS THAT, IS THIS THE SORT OF THING WHERE WE'RE LIMITED BY ORDINANCE OR STATUTE TO KIND OF COME BACK AND REVISIT IT BETWEEN ALL OF THAT? SO IF THE COMMISSION WANTS TO GIVE SOMEONE MORE THAN 90 DAYS TO DO A REPAIR DEMOLITION, THE PROPERTY OWNER HAS TO SUBMIT A DETAILED PLAN AND A TIME SCHEDULE FOR THE WORK, UM, AT THE HEARING.
UM, THEY ALSO HAVE TO ESTABLISH AT THE HEARING THAT THE WORK CAN NOT BE REASONABLY COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPE AND COMPLEXITY.
UM, WE CAN, THE COMMISSION CAN ALSO WORK, NEEDS TO REQUIRE, UH, REPORTS FROM THE PROPERTY OWNER THAT DOESN'T HAVE TO BE ON YOUR AGENDA, THAT YOU CAN DIRECT THEM TO SUBMIT THE REPORTS TO STAFF AND STAFF CAN PROVIDE THEM TO THE COMMISSION AND MAKE SURE THAT THEY HAVE THEM, UM, OR YOU CAN REQUIRE THEM TO DO AN IN-PERSON.
WE BRING, UM, OUR REPORT TO YOU.
UM, SO THAT, THAT WOULD BE, THOSE ARE THE THREE CONDITIONS.
UM, ONE OPTION THE COMMISSION CAN EXPLORE IS DOING, UM, A 90 DAY ORDER WITH THEM TO COME BACK 90 DAYS TO, OR EVEN AT 45 DAYS OR SOMETHING LIKE THAT, AND HAVE THEM COME BACK AND GIVE THE REPORT TO YOU.
AND THEN IF THEY'RE ON TRACK AND YOU JUST DO THE AMOUNT OF TIME THEY NEED LEFT TO DO THE DEMOLITION.
SO, UM, MS. PRESLEY, DO YOU HAVE AN OPINION AS TO WHETHER, UM, THIS IS THE SORT OF THING WE COULD SORT OF HAND OVER TO YOU IF WE WERE TO ENTER A, IN ORDER SUBJECT TO, YOU KNOW, WITHIN THE TIMEFRAME AVAILABLE TO US, SUBJECT TO THE TIMEFRAME REQUIRED FOR THEM TO BRING UPDATES TO US, BUT THEN TO, TO SORT OF, YOU KNOW, HAVE CODE SHEPHERD IT THROUGH TO COMPLETIONS, YOU KNOW, IS THERE ANY, IS THERE ANY REASON WHY WE SHOULDN'T LET THEM DO THAT? LIKE I, YOU KNOW, IT'S A BIG EXTENT THAT YOU'RE ABLE TO OFFER AN OPINION ON THAT.
THE ONLY THING I WOULD REALLY SAY IS, UM, THEY ACTUALLY HAVE HAD A LOT OF TIME ON THIS, LIKE THE LAST BSE THEY WERE BACK HERE.
I MEAN, WE RELEASED $27,000 IN FINES AND THEY HAVE DONE A LOT, BUT IT'S ALSO BEEN KIND OF STAGNANT FOR A WHILE AS WELL.
UM, IF THE SHORING IS DONE, FOR SURE, I COULD SEE GIVING THEM EXTENSION TO FOUR 45 DAYS TO COME BACK TO THE NEXT BSC.
THAT'S FINE, BUT THINGS NEED TO BE DONE ON THIS PROPERTY BESIDES DISPENSING AND SHORING IT.
I MEAN, IF THEY'RE GOING TO START WITH IT, LIKE THE DEMO PERMITS BEEN ACTIVE SINCE MARCH AND THEY HAVEN'T DONE THE DEMO, SO, AND THEY HAVE BEEN DOING STUFF, BUT IT SEEMS LIKE A REAL SLOW PROCESS.
OF COURSE COVID HAPPENED, BUT I MEAN, IT'S BEEN PRETTY MUCH ON THE BALL FOR THE LAST LIKE FIVE MONTHS.
SO I COULD SEE GIVING THEM A LITTLE BIT MORE TIME THAN 45 DAYS OF THE ORIGINAL ORDER THAT WE HAD.
THANK YOU, MS. FRANKLIN AND MR. CHAIRMAN, THAT'S ALL THE QUESTIONS I HAVE FOR NOW ANY MORE FOR SURE OR ANYBODY READY, WHO PROPOSES THE EMOTION? I FEEL THAT EMOTION, I FEEL THAT HE DEMOLITION ORDER, UH, FOR 90 DAYS IS PROBABLY OUR BEST OPTION, UH, IN LIGHT OF EVERYTHING THAT'S BEING SAID AND PRESENTED HERE TODAY.
ALL RIGHT, NOW I'M READY TO ENTERTAIN A MOTION.
LIKEWISE, IF ANYBODY WANTS TO STEP UP TO THE PLATE, OKAY, WELL, THIS IS COMMISSIONER, BUT I THINK WE'VE ACTUALLY IRONED OUT ALL THE ISSUES THAT OWNERS ARE ON BOARD WITH IT.
SO I'M COMFORTABLE MAKING THAT MOTION TO GO AHEAD AND ORDER A DEMOLITION WITHIN 90 DAYS FROM THE DATE THAT THE ORDER IS MAILED.
UM, AND THAT'S, AS FAR AS I WOULD TAKE THAT MOTION,
[02:55:01]
MR. CHAIRMAN, I WOULD SECOND, UH, COMMISSIONERI JUST WANT TO INTERJECT QUICKLY.
TYPICALLY OUR DEMOLITION ORDERS ARE OUTLINED WITH EXACTLY HOW, UM, MS.
THE CODE OFFICIAL MAY PROCEED WITH DEMOLITION AND CAN SEE ALL ITEMS AROUND AS RUBBISH AND REMOVE ACCORDINGLY.
UM, SO I JUST WANT TO REMIND THE COMMISSION OF HOW OUR TYPICAL VOLUNTARY ORDER READS AND THAT THAT'S IN ORDER FOR US TO RESOLUTION, UM, JUST LIKE A REPAIRED OR COMES WITH PENALTIES, A DEMOLITION ORDER, IF NOT COMPLIED, IT GIVES US THE AUTHORITY TO GO IN AND REMEDY THAT FOR THE COMMUNITY.
AND EXPLAIN TO US THAT THE CHANCES OF THAT HAPPENING ARE PRETTY SLIM BECAUSE THE CITY ISN'T GOING TO MOVE THAT QUICKLY TO DO IT RIGHT.
SO THAT THE OWNERS WILL HAVE A CHANCE TO DO THE DEMOLITION IN CASE THEY RUN OVER THAT 90 DAY PERIOD A LITTLE BIT.
SO THEN I'LL GO AHEAD AND PROPOSE A MOTION THAT WE ORDER A DEMOLITION, UM, TO BE DONE WITHIN 90 DAYS.
AND IF NOT DONE WITHIN THAT 90 DAY PERIOD, THEN THE 91ST DAY, THE CITY CAN STEP IN AND DO THE DEMOLITION.
UM, ACCORDING TO THE PROPOSED LANGUAGE, THE STANDARD LANGUAGE COMMISSIONER.
SO SET YOU ACCEPT THE MODIFICATION.
I'M GOING TO CALL THE QUESTION.
WHAT DOES THAT, UH, HOW MANY DAYS DOES THE PAIN GET THAT? UH, HOW MUCH YOU'LL BE LIVE IN FRONT OF NOT 90 DAYS FOR DEMOLITION AND ON THE 91ST DAY, THE CITY MOVES IN.
I UNDERSTAND THAT WHAT TIME WENT INTO THE GAME FRAME IS 90 DAYS.
HUH? THAT'S WHAT'S UP WITH THAT.
I'M GOING TO GO AHEAD AND CALL THE, OKAY.
ALL THOSE IN FAVOR OF THE MOTION, SAY AYE.
AND RAISE YOUR HAND ONE, TWO, THREE, OR, UH, BUT YOU'RE SAYING YOU COMMISSIONER
WAS IT A, A OR AN A, THAT WAS THE NAME.
HEY, AND THEN, SO, AND THEN, UH, WHAT ARE THE OTHER COMMISSIONERS AWARE OF? I CAN SEE THEM HERE ON MY SCREEN.
I'M NOT ON YOUR SCREEN, BUT I'M AROUND YOUR AUDIENCE AND, UH, I AM IN FAVOR.
HOW MANY, HOW MANY, UH, HOW MANY, FIRST OF THE WAY OF, IN FAVOR OF THE MOTION, PLEASE GO INTO COUNTY.
OH, HOW ABOUT LET'S TRY AND DO IT AGAIN.
ONE, TWO, THREE, FOUR, FIVE, SIX.
I AM CHAIRMAN LIKE ALL THE MEMBERS.
THAT WOULD BE ONE WAY ALL THE MEMBERS BY NAME.
AND I WAS LOOKING FOR MY LIST OF THE CHAIR OF THE MEMBERS, SO I COULD FOLLOW HIM BY NAME.
UM, BUT I CAN DO IT BASED ON WHAT I HAVE ON THE SCREEN.
I MADE THE MOTION THAT'S FOR SAMUEL AND THOMPSON.
OH, GOOD COMMISSIONER, COMMISSIONER GREEN,
[03:00:06]
COMMISSIONER GREEN.AND I AM AN I, AND I THINK WHEN IT HEAR FROM COMMISSIONER, WELL, IT LOOKS LIKE HE'S OFF DIET.
YOU HAVE A FIVE ONE VOTE RIGHT NOW BECAUSE, UH, COMMISSIONER GREEN IS NOT ON.
COMMISSIONER GREENISH, NOT, UH, IT'S NOT RESPONDING IS COMMISSIONER
AND I THINK COMMISSIONER BRITISH RADIO.
CAN WE HEAR YOUR, UH, YOUR VOTE AGAIN ON A MOTION? YES, SIR.
SO, UM, SO IT'S FIVE ONE, OR BELIEVE MOTION DOESN'T CARRY CORRECT? THAT'S CORRECT.
WELL, DON'T WE HAVE, UM, A COMMISSIONER ABSTAINING.
WILL THAT NOT AFFECT THE NUMBERS? NO.
SO DO WE TABLE THIS AND REVISIT, WE'RE NOT BEING LEFT WITH ANY CHOICE.
I JUST WANT TO GIVE A GENTLE REMINDER THAT WE STILL HAVE TWO CASES ON THE AGENDA.
WE STILL HAVE TWO MORE TO HERE.
SO I JUST WANTED TO GIVE THAT GENTLE REMINDER.
WELL THEN, UH, BEING THAT THERE ARE NO MOTIONS BEFORE THE FLOOR.
I THINK WE HAVE NO OTHER THAN TO TABLE THE, UM, THE ITEM, UH, COMMISSIONER, DO YOU PROPOSE THE MOTION YOURSELF? OKAY.
W W WE CANNOT HEAR YOU CLEARLY.
DID WE STILL HAVE A QUORUM? YES, SHE DID.
SO WE HAVE A QUORUM, BUT WE HAVE TO HAVE SIX VOTES TO PASS ANYTHING THAT IS QUESTIONABLE QUORUM, BUT WE'RE JUST HAVING DIFFICULTIES HEARING, UH, JAMES, ONE OF OUR MEMBERS.
BUT ON THE PREVIOUS VOTE, IT FAILED BECAUSE IT WAS FIVE TO ONE.
SO THAT MEANS WE NEED TO HAVE AT LEAST SIX VOTES TO HAVE SOME MOTION.
SHE'LL HAVE TO HAVE A UNANIMOUS VOTE.
WELL THEN I, UH, I SAY WE JUST MOVE ON TO THE NEXT PAGE HERE.
ARE YOU, ARE YOU ALL WANTING THIS CASE TO COME BACK? CAUSE WE, WE NEED TO HAVE SOME SORT OF RESOLUTION MOVING FORWARD.
DO YOU WANT THIS PLACE ON THE FOLLOWING MONTHS AGENDA DOCUMENT? YES.
THAT'S THE COMMISSIONERS, THOSE THAT, YEAH, IF I THINK IT REQUIRES TWO OF US TO BRING IT BACK AND I THINK WE NEED TO BRING IT BACK.
I THINK IT'LL BE DISPOSED OF ONCE THERE'S A FULLER PANEL.
UM, UH, YOU KNOW, RIGHT NOW WE'RE A LITTLE LATE, BUT, UM, BUT YEAH, I THINK IT ONLY REQUIRES TWO OF US TO BRING IT BACK IN MEMORY SERVES AND I THINK, I THINK WE DO NEED TO PLAY IT BACK.
WELL THEN LET'S MOVE ON, UH, UH, COMMISSIONER, UH, FROM A UN TAKE 2 MILLION OVER AGAIN, RIGHT.
SO WE, AS, UM, MS. WRIGHT MENTIONED, WE HAVE TWO AGENDA ITEMS LEFT AND IT IS NEARLY 10 O'CLOCK.
UM, SO ARE WE ABLE TO CONTINUE PAST 10 O'CLOCK WITH CITY HALL? I KNOW THAT WE NEED TO TAKE A VOTE AS A COMMISSION TO EXTEND
[03:05:01]
PAST THAT TIME, BUT DO WE ACTUALLY HAVE THE TECHNICAL SUPPORT TO DO THAT? THAT COULD BE A QUESTION FOR, IS THAT DANIEL MURPHY? IS THAT OUR CTM? SO I DON'T KNOW IF THE CLERKS, UH, LAID OUT SOME SORT OF RULE FOR THAT.UM, I MEAN, I'M HERE UNTIL YOU GUYS ARE DONE.
UM, SO I SAY, YOU KNOW, THAT'S FINE, BUT I'M NOT THE NECESSARILY THE, UH, GO-TO GUY FOR THAT INFORMATION.
UNFORTUNATELY, THIS IS MELANIE.
I THINK I'VE SPOKEN WITH THE CLERK'S OFFICE ABOUT THIS, AND THEY SAID WE COULD EXTEND THE MEETING AS LONG AS CTM IS AWARE.
AND THERE THEY'RE OKAY WITH THAT.
IT SOUNDS LIKE YOU, YOU PERSONALLY ARE OKAY WITH IT.
THEN, UH, WE AS A COMMISSION, UM, I BELIEVE WE NEED A MOTION TO CONTINUE THE MEETING PAST 10.
AND, UH, IN THE PAST WE'VE SAID A SPECIFIC TIMELINE.
UH, WE COULD DO IT THAT WAY, OR WE COULD SET IT TO, YOU KNOW, COMPLETE THE AGENDA ITEMS, BUT I, AS CHAIR CANNOT BRING A MOTION UP.
I WOULD LIKE TO REMIND THE COMMISSION THAT OUR NEXT CASE ON THE AGENDA, SEVERAL LETTERS WERE SENT CERTIFIED MAIL.
SO THAT WAS A COST ISSUE ON OUR SIDE.
SO IF YOU COULD JUST TAKE THAT INTO THE, INTO CONSIDERATION, PLEASE.
I KNOW I PERSONALLY WOULD REALLY LIKE TO GET THROUGH AT LEAST THE NEXT AGENDA ITEM TONIGHT.
IT'S IMPORTANT TO A LOT OF PEOPLE.
SO, UM, BUT AGAIN, I CAN'T, I CAN'T MAKE A MOTION AND I'LL MAKE A MOTION THAT WE EXTEND THE MEETING PAST 10:00 PM.
DO WE NEED TO SAY TO UNTIL A SPECIFIC TIME OR JUST LEAVE IT OPEN? WELL, NO, I DON'T KNOW HOW LONG THIS CASES WOULD TAKE.
I'D RATHER NOT HAVE US COME BACK TO THE SAME AGENDA ITEMS, BUT I WOULD SAY IF WE MUST, IF WE MUST SPECIFY MAYBE, UM, WE CAN EXTEND IT FOR ANOTHER, UH, UH, ANOTHER 30 MINUTES.
SO MAYBE TILL 10:30 PM AND WE HAVE TO JUST MANAGE OUR TIME.
THANK YOU ALL IN FAVOR OF EXTENDING THE MEETING.
WELL, THIS DISCUSSION, I DON'T KNOW HOW, UM, I I'M FAMILIAR WITH THIS NEXT ONE AS MUCH AS ANYBODY SINCE I'VE BEEN HERE EVER SINCE THE FIRST TIME.
AND I THINK THAT'S EIGHT YEARS AND I'VE BEEN LISTENING TO THEM, TELL THE SAME STORIES.
AND WHEN, I MEAN STORIES, I'M SAYING IT POLITELY, AND IT JUST SEEMED LIKE IT WAS NEVER GOING TO END.
AND I DON'T KNOW THAT TONIGHT IT'S GOING TO END.
WE ARE, WE STILL MAY HAVE A TIGER BY THE TAIL.
AND I THINK IT'S IMPORTANT ENOUGH THAT WE GIVE IT ALL THE TIME.
WE NEED TO GIVE IT, AND IT OUGHT TO BE NUMBER ONE ON THE AGENDA.
BUT RIGHT NOW I AM THINKING ABOUT VOTING TO EXTEND IT MAYBE TO 10 15, AND THAT IS NOT GOING TO WORK.
AND I THINK PERHAPS THE, UH, I'M SORRY ABOUT THE, UH, CERTIFIED MAIL, BUT THE, UH, POST OFFICE NEEDS THE BUSINESS.
ANY OTHER DISCUSSION, I'LL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF EXTENDING THE MEETING TONIGHT UNTIL 10 30.
HOW MANY WAS THAT? WE HAVE FRYBERGER FOR SAYING YOU WERE YOU AND I, UM, I KIND OF TEND TO AGREE WITH THE WORDY IN 15.
OKAY, WELL THEN THAT WILL BE TWO, TWO OPPOSED AND FIVE IN SAFER.
UH, WOULD ANYONE LIKE TO PROPOSE ANOTHER MOTION COMMISSIONER, MADAM CHAIR
[03:10:01]
AT TIME TO 10 15, WE DO STILL HAVE TWO AGENDA ITEMS, RIGHT? VOTE AGAIN AT 10 15.SO, UM, MR. THOMPSON, I CERTAINLY HEAR YOU AND UNDERSTAND THAT THIS IS AN IMPORTANT ENOUGH CASE THAT I REALLY WOULD LIKE TO END IT ONCE.
AND FOR ALL I'M SAYING THAT WOULD BE RIGHT.
I THINK WE NEED TO HAVE ALL THE TIME.
WE NEED TO GIVE IT TO EXTEND IT TO END IT, IT NEEDS TO BE ENDED.
RIGHT? MY, MY THOUGHT IS LET'S GIVE THEM A CHANCE.
LET'S, LET'S HEAR WHAT WE CAN TONIGHT IF WE NEED TO EXTEND IT AT THAT POINT.
UM, ANYWAY, WE DO HAVE MOTION ON THE TABLE.
DO WE HAVE A SECOND TO EXTEND THE MEETING TO 10 15 SECOND? OKAY.
THANK YOU ALL IN FAVOR OF EXTENDING THE BEATING UNTIL 10 15, SAY AYE.
ANYONE ELSE? DO WE HAVE JUST ONE OPPOSE MR. THOMPSON.
WE SHOULD HAVE SIX OF US WHO VOTED IN FAVOR AND ONE OPPOSED.
UH, I AM GOING TO TURN OVER THE MEETING TO SUPERVISOR, RIGHT? ALL RIGHT.
DO WE HAVE THE CALLERS ON THE LINE? I THINK WE SHOULD HAVE.
THANK YOU FOR SIGNED UP SPEAK.
SO I'LL, I'LL LIST OFF THE NAMES ONE BY ONE.
DO WE HAVE FEEDBACK? THANK YOU.
AND JONATHAN STOKES AND KEVIN MACDONALD? YES.
SO AS, SO, UM, ACTUALLY, MS. WRIGHT, DO YOU HAVE ANYTHING TO SAY, ARE WE GOING STRAIGHT INTO THE CALLERS? I'M JUST, I HAVE TO READ BY LITTLE INTRO.
UM, AND THEN JOHN HALE, THE INSPECTOR THAT'S ASSIGNED WILL PRESENT THE PHOTOS TO SHOW A VERY SHORT PRESENTATION AND THEN WE'LL GO RIGHT INTO THE OWNERS.
SO JUST ONE LAST THING TO SAY TO THE OWNERS WHEN WE COME TO YOU, IF YOU COULD, AGAIN, ANNOUNCE YOUR NAME AND YOUR POSITION, IT WOULD BE VERY HELPFUL.
[4. Case Numbers CL 2015-019417, et al. Property Address/ 4801 S. Congress Avenue aka Bel Air Condominiums / Owners: Bel Air Condominium Community, Inc.; and Unit Owners of Buildings A-H, J-L, N, and P-T, and specifically owners of units: A-1 – A-7; B-1 – B-6; C-1 – C-5; D-1 – D-6; E-1 – E-5; F-1 – F-5; G-1 – G-5; H-1 – H-5; J-1 – J-4; K-1 – K-3; L-1 – L-5; N-1 – N-4; P-1 – P-5; Q-1 – Q-6; R-1 – R5; S-1 – S-3; and T-1 – T-4. Presenters: John Hale, Austin Code Department/ Bel Air Condominium Community Representative Previous Commission Action: Order issued March 3, 2015 for an engineer’s report for all 17 buildings; and an order issued May 27, 2015 for temporary shoring and repair; and an engineer’s letter indicating completion of all temporary shoring to each unit; the property last appeared at BSC on June 26, 2019 for an update ]
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER 2015 ZERO ONE NINE FOUR ONE SEVEN IS REGARDING 48 ZERO ONE SOUTH CONGRESS AVENUE, ALSO KNOWN AS BELL AIR CONDOMINIUMS BUILDINGS AND H J THROUGH L N AND P, WHICH IS MADE UP OF 83 INDIVIDUALLY OWNED UNITS.THIS CASE IS RETURNING TONIGHT AT THE REQUEST OF THE BEL AIR CON TO BE INCORPORATED FOR PENALTY RELIEF, REFERENCE DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GREAT BOOKS OF YOUR GOOGLE DRIVE FOLDER.
ALSO, PLEASE NOTE THAT I AM DISPLAYING A COPY OF THE CASE NUMBERS FOR EACH OF THE INDIVIDUAL UNIT OWNERS, RATHER THAN READ THEM ALL INTO THE RECORD.
BSE ORDERS WERE ISSUED MARCH 3RD, 2015 AND EIGHT 27, 2015, SINCE THEN THE PROPERTY SEVERAL TIMES FOR UPDATES.
HOWEVER, NO FURTHER ACTION HAS BEEN TAKEN.
THE REQUIRED REPAIRS AT THE PROPERTY ARE NOW COMPLETE FOR ALL 17 BUILDINGS PER THE MAY 27, 2015 ORDER PENALTIES ACCRUED AT $10 PER MONTH, PER UNIT PENALTY STATEMENTS FOR EACH BUILDING BROKEN DOWN BY UNIT ARE INTUITING.
THE REFERENCE DOCUMENTS, THE PENALTIES FOR ALL UNITS COMBINED TOTAL OF $46,985.
THERE ARE NO EXHIBITS TO PRESENT DRIVE FOLDER YOU'LL YOU'LL FIND REFERENCE DOCUMENTS, WHICH INCLUDE AN UPDATED COMPLAINT CASE HISTORY, A STRUCTURAL MAP OF THE PROPERTY, THE REQUIRED NOTICES FOR TONIGHT'S HEARING AND REQUIRED POSTINGS COPIES OF THE MARCH 3RD, 2015 AND MAY 27, 2015 VSC ORDERS, FINAL PENALTY STATEMENTS FOR EACH OF THE 17 BUILDINGS AND PRE AND POST COMPLIANCE PHOTOS.
US INCLUDED INVESTIGATOR JOHN HILLS HERE TONIGHT TO PROVIDE A BRIEF TIMELINE OF EVENTS LED TOWARDS COMPLIANCE.
AND TO SHOW YOU SOME PRE-IMPOSED COMPLIANCE PHOTOS OF THE PROPERTY, INVESTIGATOR HAIL, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
I'M AN INVESTIGATOR WITH THE CITY OF AUSTIN'S, UH, UH, CODE DEPARTMENTS, COMMERCIAL DIVISION.
UH, I'M GOING TO ABBREVIATE MY ORIGINAL PRESENTATION FOR THE SAKE OF TIME.
UH, UH, AS MARLENA STATED, I WILL BE PRESENTING PHOTOS, UH, WHICH I, YEAH, THEY'RE DISPLAYED
[03:15:01]
RIGHT NOW.UH, AUSTIN CODE, UH, ORIGINALLY STARTED THIS CASE IN JANUARY OF 2014, AFTER RECEIVING THE COMPLAINT, UH, REGARDING THE, UH, CONDOMINIUMS NOT BUILT, UH, PER CODE WHEN THEY WERE COMPLETED.
UH, I THINK IT WAS LIKE IN TWO PHASES IN 2006 AND 2008, UH, SPECIFICALLY, UH, THE CONCERNS WERE RELATED TO THE CMU WALLS, UH, THE CEMENT BLOCKS, UH, AND THEIR INSTALLATION AND A PROPERLY INSTALLED, UH, FASTENERS FOR METAL JOYCE IN THE FRAMING TO THOSE CMOS CMU WALLS, UH, FOLLOWING THE COMPLAINT, UH, THE AUSTIN CODE DEPARTMENT DEVELOPMENT SERVICES, AUSTIN FIRE, THE HOMEOWNERS ASSOCIATION AND, UH, ENGINEERING FIRMS, UH, UH, HAD SEVERAL MEETINGS TO, UH, CONFIRM THE EXISTENCE OF THE VIOLATIONS AND DEVELOP A MOVING FORWARD.
UH, IF YOU WANT TO MOVE THROUGH, UH, THE NEXT SLIDE, UH, THIS IS, UH, AN EXAMPLE, UH, RIGHT AROUND WHEN THE CASE STARTED, AS YOU CAN SEE THE SCREWS AREN'T PROPERLY SEATED.
UH, AGAIN, UH, THESE ARE INSTALLED AT AN ANGLE.
UH, GLEN ACTUALLY ISN'T EVEN DRILLED IN COMPLETELY, UH, NEXT SLIDE.
UH, JUST, UH, ANOTHER EXAMPLE, UH, IT IS TO NOTE THAT, UH, IT IS 83 UNITS AND THEY ALL HAD EACH INDIVIDUALLY UNIQUE, UH, ISSUES, UH, WHICH WOULD EXPLAIN THE TIME IT TOOK TO TAKE CARE OF IT.
UH, AND THERE WERE ALSO INSTANCES WHERE SCREWS WERE ACTUALLY, UH, DRILLED INTO MORTAR JOINTS, UH, UH, WHICH OBVIOUSLY ISN'T STRUCTURALLY SOUND.
UH, ALSO AS, UH, MARLENA STATED, UH, IN MARCH, 2015, UH, UH, IT WENT TO THE BSC, UH, REQUESTING THAT A TEMPORARY SHORTING BE INSTALLED.
UH, THE SHORING WAS STARTED TO BE INSTALLED IN FEBRUARY, UH, OH, SORRY.
UH, FEBRUARY, UH, 2015 AND ENDED IN, UH, SEPTEMBER, 2015, UH, SINCE THEY DID NOT FULLY COMPLY, UH, WITH THE ABEYANCE, IT DID GO BACK TO THE BSC IN MAY OF 2015 WHERE THE REPORT REPAIR ORDER WAS ISSUED.
UH, AND THEN WE CAN FAST FORWARD, UH, AND, AND FAYE AND, AND SOME OF THE PROPERTY OWNERS CAN SPEAK A LITTLE BIT MORE TO THE LITIGATION THAT WAS INVOLVED.
UH, WE, UH, WERE NOTIFIED, UH, I BELIEVE BY THE HOMEOWNERS ASSOCIATION, UH, IN JANUARY, 2018, UH, WITH, UH, THE, UH, THE NEWS THAT A SETTLEMENT HAD BEEN REACHED AND THEY WERE GOING TO START THE PERMANENT REPAIRS.
UH, WE, UH, RETURNED THE CASE, UH, TO THE BMC FOR AN UPDATE ON FEBRUARY 28TH, 2018, UH, TO JUST KIND OF ESTABLISH A TIMELINE AT THAT TIME.
UH, THERE WAS A ROUGH ESTIMATE, UH, GIVEN A 45 DAY INCREMENTS PER BUILDING, WHICH KINDA, UH, WENT OUT, WENT TO, UH, 800 DAYS.
UH, IN ADDITION IT WAS ALSO, UH, UH, NOTED THAT, UH, WE WERE GOING TO CLOSE, UH, EACH VIOLATION CASE AS EACH UNIT IS, UH, FINALLY, UH, THE FIRST BUILDING, UH, WHICH WAS BUILDING Q.
UH, IF YOU WANT TO, UH, JUST GO A COUPLE OF SLIDES.
UH, THERE'S SOME EXAMPLES OF THE WORK IN PROGRESS, AS YOU CAN SEE, JUST ON THOSE TWO UNITS, UH, THE, THE REPAIRS WERE ACTUALLY ENTIRELY DIFFERENT.
UH, SO, UH, YEAH, THE FIRST BUILDING WAS, UH, COMPLETED IN MARCH.
UH, UH, AGAIN, WE WENT BACK TO BSC, UH, PROVIDED AN UPDATE.
UH, UH, THE ANTICIPATED COMPLETION, UH, WAS ESTIMATED AROUND NOVEMBER, 2019.
UH, OBVIOUSLY WE WENT A LITTLE BIT PAST THAT, UH, WORK WAS ALWAYS CONTINUOUS ON THE PROPERTY AND, UH, THE REMAINDER OF THE BUILDINGS WERE CLOSED, UH, SOMETIMES TWO AT A TIME, UH, IN SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER OF 2019 AND JANUARY, AUGUST OF 2020, UH, THERE WERE EIGHT UNITS LEFT THAT REQUIRED, UH, UH, SOME EXTREME ENGINEERING FOR LACK OF A BETTER TERM.
UH, AND THAT'S WHAT KIND OF DRUG IT TO, UH, OCTOBER, 2020, UH, ALL 83 UNITS HAVE RECEIVED FINAL INSPECTIONS AND ALL HAVE A SEAT CERTIFICATE OCCUPANCY.
IF YOU HAVE ANY QUESTIONS, SORRY.
THAT WAS, THAT WAS A GOOD SUMMARY.
UNLESS YOU HAVE ANYTHING ELSE, I WILL GO AHEAD AND CALL Y'ALL SAY YOU BACK.
CAN I ASK ONE QUICK QUESTION, PLEASE? THE CODE INSPECTOR, UM, DOES HE KNOW WHAT THE, UM,
[03:20:02]
W WHO THE DEFENDANTS WERE IN THIS LAWSUIT? UH, OH, AS FAR AS THE, UH, UH, THE BUILDER.YEAH, BECAUSE THEY WERE, THERE WERE SEVERAL BUILDERS INVOLVED AND THEY ALL HAD, UH, AND SUPPOSEDLY THEY ALL WERE DONE BY THE SPECS OF THE, UM, UM, I GUESS THE DRAWINGS OR THE PLANS OR ENGINEERS YET.
IT NOTHING WORKED IN ANY OF THEM.
THEY WERE ALL, LIKE YOU SAY, THEY WERE ALL DIFFERENT.
AND I JUST WONDERED IF THE CITY OF AUSTIN IN THERE AND NOT OVERSEEING, UH, THIS, UH, WAS PERHAPS A DEFENDANT.
AND SO THAT WOULD AFFECT WHAT WE WANTED TO DO ABOUT THE FINES.
I MEAN, THAT IS THE DOWNSIDE OF RELYING SOLELY ON THIRD-PARTY ENGINEERS, OUR THIRD-PARTY INSPECTIONS, UH, UH, WE'VE ENCOUNTERED, UH, A GOOD HANDFUL OF CASES, UH, HISTORICALLY TO WHERE, UH, UH, AND WE'RE ALLOWED TO ACCEPT A THIRD PARTY INSPECTIONS, UH, AND, UH, UPON FURTHER REVIEW OR, OR TIME EVEN, UH, HAS CAUSED US TO TAKE A CLOSER LOOK AT IT AND HAVE IT REPAIRED OR IN SOME CASES DEMOLISHED.
IT'S NOT, IT'S RARE, BUT IT'S AN, IT'S AN UNFORTUNATE CIRCUMSTANCE OF RELYING ON THIRD PARTY.
IT WASN'T A 50 STORY BUILDING.
UM, THEY SAY THAT IF HE WOULD LIKE TO GO AHEAD AND PROCEED.
MA'AM, I'M THE MANAGER OF THE ASSOCIATION.
AND AT THIS POINT I WOULD LIKE TO, TO ONE OF THE BOARD MEMBERS, MR. JONATHAN STOKES, THAT HIM PRESENT FIRST BECAUSE HE HANDLED THE PROJECT IN THE VERY BEGINNING, BUT THERE WAS MEDIATION COMPANY AND THE ENGINEER, AND HE CAN LEAD YOU UP TO THE POINT ABOUT SIX MONTHS AGO, JOHN, WOULD YOU LIKE TO TAKE THE FLOOR AND BOARD AND CONDITIONED? IS THAT OKAY IF HE DOES THAT? OF COURSE, YES.
SO THE, THE, THE REASON NUMBER ONE ALSO, THANK YOU ALL VERY MUCH.
I KNOW THIS HAS BEEN A LONG DAY AND IT'S BEEN A HECK OF A LONG YEAR, SO, UH, THANK YOU ALL VERY MUCH FOR LISTENING TO US, UH, AT THIS POINT IN THE EVENING.
UH, I'LL, I'LL, I'LL KEEP IT BRIEF, YOU KNOW, THE, THE, THE REASON THAT WE'RE WE'RE COMING BEFORE THE COMMISSION AGAIN, IS, UH, WE'RE LOOKING TO HAVE, THE FINES ARE, HAVE BEEN ACCUMULATING THE WAY, UH, THE, THE FOUNDATION OF THE REASON WE'RE ASKING FOR THIS IS BECAUSE NONE OF THE OWNERS WERE AT FAULT FOR THE SHODDY CONSTRUCTION THAT HAPPENED IN THE BEGINNING.
UH, WE WEREN'T AT FAULT FOR ANY OF THE THINGS THAT HAPPENED, UH, IN THE AFTERMATH.
UH, WE WENT THROUGH YEARS OF LITIGATION TO TRY AND MAKE THINGS RIGHT.
AND WE'VE BEEN WORKING WITH THE CITY, UH, VERY, VERY CLOSELY AND VERY MUCH IN COORDINATION TO MAKE SURE THAT WE'RE UPHOLDING EVERYTHING THAT CODE COMPLIANCE IN, IN, IN THE STRUCTURAL ENGINEERS, FROM THE CITY NEED.
AND SO WHAT WE'RE ASKING FOR IS TO HAVE THOSE FINES WAIVED SO THAT WE CAN MOVE ON.
WE, IT HAS BEEN A VERY LONG PROCESS.
UH, THE, UH, I WON'T GO INTO ALL THE DETAILS OF WHY IT TOOK SO LONG.
UM, BUT IT, WE RAN INTO A LOT OF CHALLENGES IN THIS ENTIRE PROCESS AND WE WORKED THROUGH IT AND WE WORKED IN COORDINATION WITH THE CITY ON THIS, AND WE MADE GOOD.
WE HAVE ALL THE, THE, THE TAGS LIFTED.
WE'VE MADE SURE THAT EVERY STRUCTURE IN THIS COMMUNITY, UH, ALL 17 BUILDINGS, ALL 83 UNITS ARE STRUCTURALLY SOUND AND ARE, ARE, ARE READY TO BE A PART OF THE AUSTIN COMMUNITY AGAIN.
AND SO, AS THE WERE LITERALLY JUST HERE TO ASK FOR A LITTLE BIT OF FORGIVENESS, UH, AND IT'S, IT'S, IT'S BEEN AN ARDUOUS PROCESS.
AND FROM, YOU KNOW, FOUR OR FIVE YEARS OF LITIGATION TO, YOU KNOW, A YEAR WORKING WITH THE CITY TO COME UP WITH A STRUCTURAL PLAN THAT WOULD WORK TOO MORE THAN A YEAR OF RECONSTRUCTION BEFORE WE RAN INTO AN UNPRECEDENTED GLOBAL PANDEMIC.
AND, UH, WHERE WE'RE REALLY JUST TRYING TO ASK FOR A LITTLE BIT OF HELP HERE AT THE END
[03:25:01]
OF THIS THING.UH, CAUSE WE, WE, WE, WE TRIED TO DO OUR PART DURING THE ENTIRE PROCESS AND MAKE SURE THAT WE'RE DOING THINGS RIGHT.
AND WHEN WE'VE GOTTEN THOSE, WE'VE GOT COIS FOR EVERY SINGLE UNIT THAT'S IN HERE, WE'VE GOT, UH, UH, UH, FROM BILL OF HEALTH OR THIS ENTIRE COMMUNITY, AND WE'RE, WE'RE READY FOR EVERYONE HERE.
THAT'S AN OWNER, WHICH THE THING IS TOO IS OF ALL THE PEOPLE THAT WERE CULPABLE FOR WHAT HAPPENED AT THIS PLACE, NONE OF THE OWNERS ARE CULPABLE.
NONE OF THEM WALKED IN KNOWING THAT SOMEBODY HAD BUILT SOMETHING THAT WAS NOT CODE COMPLIANT, THAT WAS SUBSTANDARD.
WE'VE SPENT YEARS FIGHTING TO MAKE THINGS RIGHT.
AND WE FINALLY HAVE, WE ACTUALLY DO LIKE THAT.
WE HAVE ALL THE COIS WE HAVE DONE.
AND WE'RE JUST ASKING FOR A LITTLE BIT OF HELP, UH, TO NOT GET KICKED IN THE TEETH ONE MORE TIME AFTER ABOUT, YOU KNOW, IF IT'S NOT A DECADE IT'S CLOSER DECADES AND NOT OF, OF HAVING TO SET HERE AND, AND WORK THROUGH THIS, STEP-BY-STEP THE ENTIRE TIME.
AND THAT'S ALL WE'RE ASKING FOR.
I'M GOING TO PAUSE HERE FOR JUST A MINUTE, BECAUSE IT'S NOW 10:11 PM.
UM, AND I'M GOING TO GIVE, UH, MY FELLOW COMMISSIONERS AN OPPORTUNITY TO EITHER, UM, PROPOSAL, ANOTHER MOTION TO EXTEND OUR MEETING, OR IF THEY FEEL AS THOUGH WE ARE TRULY GOING TO NEED A LOT MORE TIME, THEN WE'LL JUST, UM, TABLE THIS UNTIL NEXT MONTH'S MEETING.
WHAT DO YOU THINK? MADAM CHAIR? YES.
UH, COMMISSIONER OSOS TO ADD THIS, THIS SOUNDS LIKE ONE, WE PROBABLY NEED TO TABLE.
UM, IF, IF SOMEONE WERE TO MOVE TO EXTEND THE 10 30 THAN 45, I WOULD CERTAINLY STAY, YOU KNOW, I'M NOT, UM, UH, I'M NOT GOING TO DECLINE TO CONTINUE DISCUSSING IT, BUT, BUT THIS, THIS SOUNDS LIKE ONE THAT REQUIRES A FEW MINUTES OF JUST GOING TO SHOW.
AND, UM, SO THAT'S WITH MY 2 CENTS.
AND THIS IS, THIS IS A BIG PROJECT AND I KNOW WORDY, AND I PROBABLY HAVE A DECENT UNDERSTANDING OF IT ALREADY.
MR. THOMPSON PROBABLY DOES MORE THAN I DO, BUT THIS IS A LOT OF INFORMATION FOR EVERYONE ABOUT I'M.
LET ME TELL YOU WHAT MY UNDERSTANDING OF, OF IT IS NOW.
AND MAYBE THIS, SOME OF THESE WITNESSES CAN, UH, CORRECT ME.
UH, MR. THOMPSON, KEEP IT BRIEF, PLEASE.
WE'LL HAVE A, DO YOU KNOW THE STORY? UM, THEY, THE, THE VICTIMS ARE THE PEOPLE WHO ARE, WE ARE FINDING NOW, AND THAT IS NOT FAIR.
UH, THEY GOT BEAT UP BY EVERYBODY AND THEY GOT BEAT UP BAD.
AND WHY THEY DIDN'T, THEY ALL END UP IN MENTAL HOSPITALS.
I WILL NEVER KNOW WHY, BECAUSE THEY WERE TREATED HORRIBLY BY THEIR CITY AND BY THE PEOPLE THEY BOUGHT FROM AND LIED TO AT EVERY TURN.
AND I DO NOT SEE PUNISHING THEM ANYMORE.
I TEND TO AGREE WITH YOU, BUT ARE YOU THINKING QUICK AS IN THE NEXT TWO MINUTES OR QUICK AS IN 15 MINUTES? OH, I THINK WE COULD DO IT IN 15 MINUTES, BUT I THINK WE COULD ALSO DO IT IN TWO MINUTES, BUT, UM, WELL, IT'S, IT'S, YOU KNOW, LIKE I SAY, IT'S, IT'S BEEN A LONG, LONG EMOTION WORDS.
I'M BOOTH THAT WE REMOVED THE FINES FROM THE HOMEOWNERS IS IF THE HOMEOWNERS ARE THE ONLY ONES GETTING FINE AT THIS POINT, WE NEED A MOTION ABOUT THE, THE EXTENDING, THE MEETING TIME FIRST.
CAN WE HAVE ONE MORE TIME? I PROBABLY, YEAH, THAT'D BE GOOD.
I MOVE, WE EXTEND THE MEETING FOR 15 MINUTES.
[03:30:01]
NEW TO ME.SO I JUDGE, I WAS LATE YEARS OLD TO ME AND I'M SO TIRED OF IT.
SECOND, WE HAVE A SECOND FOR EITHER, EITHER MOTION.
RIGHT? UM, SECOND THING I DON'T, I DON'T WANT TO STAY HERE 15 MORE MINUTES, BUT YEAH.
I THINK, I THINK IT'S, IT MAKES SENSE TO AT LEAST TRY.
ALL IN FAVOR OF EXTENDING THE MEETING UNTIL 10:30 PM TONIGHT, SAY AYE.
WE STILL HAVE SIX ON THE LINE, BUT THEY COUNT REAL QUICK FROM THE ENTIRE BILLER COMMUNITY.
WE REALLY APPRECIATE Y'ALL EXTENDING THIS.
I GOTTA SAY I DO UNDERSTAND THIS A LONG NIGHT AND IN A LONG YEAR.
SO I REALLY DID APPRECIATE THAT AND THE COMMUNITY APPRECIATES IT AS WELL.
LET ME ASK A COUPLE OF QUICK QUESTIONS BECAUSE THIS IS, THIS IS BRAND NEW TO ME.
WE DO HAVE ONE MOTION, ONE OTHER MOTION.
UH, MR. THOMPSON, YOU HAD MADE A MOTION TO PROPOSING TO REMOVE ALL FINES.
IF WE CAN DECIDE, I DON'T CARE IF IT DIES, I DON'T WANT PEOPLE TO VOTE FOR SOMETHING THEY DON'T UNDERSTAND, BUT IT'S THAT, YOU KNOW, IT'S ONLY FAIR THAT THEY GET THE HERE AT THE RESTAURANT, THE THINGS WITHDRAW MY MOTION.
SO LET ME JUST ASK, UM, SINCE THIS IS NEW TO ME, THAT SOUNDS LIKE THERE WAS A LAWSUIT AGAINST THE PEOPLE WHO CONSTRUCTED THESE BUILDINGS AND, YOU KNOW, SUCH A SLIPSHOD WAY.
UM, WHAT HAPPENED THERE? DID THE PEOPLE, DID YOU WIN THE LAWSUIT? DID YOU GET ANY RELIEF FROM THE PEOPLE WHO SOLD YOU, THESE PROPERTIES THAT WERE NOT PROPERLY BUILT? YES, WE DID.
I'M THE HOA PRESIDENT, UM, ACTUALLY DID NOT WIN THE LAWSUIT.
WE ENDED UP SETTLING BECAUSE THE LAWSUIT WAS EXTENDED DUE TO ONE OF THE COMPANY, UM, FILING FOR BANKRUPTCY.
AND, UH, YEAH, THERE WAS A LOT GOING ON.
UM, WE HAD, UH, THE DEFENDANTS, WE SUED THEM SOME OTHER SUBCONTRACTORS.
AND FINALLY WE REALIZED THAT THIS COULD GO ON FOR ANOTHER 10 OR 20 YEARS.
UM, SO WE AGREED TO SETTLE WITH THEM AND WE DID RECEIVE, UM, A VERY REDUCED AMOUNT OF MONEY AND A SETTLEMENT THAT WAS APPLIED TO, UH, THE REPAIRS USING A STRUCTURAL ENGINEERING FIRM AND A RECONSTRUCTION FIRM, UM, TO BRING THE CONDOS UP TO CODE, EXCUSE ME.
MCDONALD'S WILL, I'D BE ABLE TO SAY SOMETHING.
YES, PLEASE GO AHEAD MY TIME NOW, PLEASE GO AHEAD.
AND I'M THE OWNER OF UNIT P FIVE WITH THE
I LAST SPOKE TO YOU AT THE APRIL 24, 2019 BUILDING STANDARDS COMMISSION HEARING, AND WHICH I PRESENTED TO YOU A LETTER WITH ATTACHMENTS IN WHICH I OUTLINED THE HISTORY OF THE CONSTRUCTION OF THE BEL AIR CONDOS, THE SUBSEQUENT LEGAL ACTIONS TAKEN BY THE HOA, THE ACTIONS TAKEN BY THE CITY OF AUSTIN AND FINDING ALL 83 UNITS OF THE COMPLEX AND THE VIOLATION DUE CONSTRUCTION DEFECTS AND THE CONTINUED DELAYS BY THE HOA AND THE REMEDIATION CONTRACTOR.
I ALSO ALSO OUTLINED MY FRUSTRATIONS AT THE TOTAL LACK OF ACCURATE AND TIMELY INFORMATION GIVEN TO ME AS AN OWNER BY THE HOA AND DIARY, AS WELL AS THE MISINFORMATION PROVIDED THE CODE COMPLIANCE COMMISSION BY THESE PARTIES, I WILL NOT ATTEMPT TO REPEAT OR SUMMARIZE THAT INFORMATION, BUT ENCOURAGE ALL COMMISSION MEMBERS, PARTICULARLY THOSE THAT ARE NEW TO THE COMMISSION, OR ARE UNFAMILIAR WITH THE SITUATION AT BEL AIR TO REVIEW THOSE DOCUMENTS, TO BRING THEM UP TO SPEED ON EVENTS UP TO APRIL OF 19 AT THE JUNE 19 COMMISSION, HEARING ARI PROVIDED THE COMMISSION, THE COMPLETION DATE OF NOVEMBER OF 19.
BUT THAT ONCE AGAIN PROVED TO BE AN ACCURATE, AS WORK HAS CONTINUED INTO THE FALL OF THIS YEAR.
MY UNIT WAS MOSTLY COMPLETED BY OCTOBER OF 19, BUT CERTAIN ITEMS STILL NEED TO BE ADDRESSED BY ARI OR THE HOA CODE COMPLIANCE WAS TO HAVE RECEIVED MONTHLY UPDATES FROM ARI SLASH HOA ON THE PROGRESS OF WORK.
SO I HOPE THEY CAN PROVIDE YOU WITH MORE INFORMATION ON A COMPLETION DATE.
ANTHONY, APRIL 19, HEARING WORDY THOMPSON SPECIFICALLY ASKED THE HOA SLASH ARI REPRESENTATIVE.
I SUPPOSE THE SETTLEMENT WAS BASED ON REPAIRS THAT WERE NECESSARY AT THE TIME
[03:35:01]
WITH THE RESPONSE UNDER OLD BEING, YES, HE THEN ASKED, IS THERE SUFFICIENT FUNDING TO COMPLETE EVERYTHING THAT NEEDS TO BE DONE WITH THE NEW DEFICIENCIES YOU'RE UNCOVERING? AND AGAIN, THE RESPONSE WAS, YES, SIR.SIX MONTHS LATER IN DECEMBER OF 19, I AND ALL OTHER PHASE ONE UNIT OWNERS WERE ASSESSED NEARLY $25,000 EACH POSSIBLY THE ENTIRE COST TO REPAIR OUR UNITS.
WHILE THE PHASE TWO OWNERS ASSESSED AT THE SAME RATE CONTRIBUTED A FRACTION OF THE COST OF REPAIRS TO THEIR UNITS, WHICH MAY HAVE EXCEEDED $200,000 EACH, UNFORTUNATELY THIS NUMBERS ARE ARI AND AS ARI AND HOA HAVE REPEATEDLY REFUSED TO PROVIDE ME WITH THE ACTUAL COSTS AND EXPENDITURES BY UNIT AND BUILDING.
I ASKED THAT YOU REFERRED TO THE LETTER, I SUBMITTED AT THIS HEARING AND MY APRIL, 2019 LETTER, WHICH HAS A MORE DETAILED BREAKDOWN OF COSTS.
I ASSUME, AT THIS HEARING THE ATRIAL REQUESTS THAT ALL PENALTIES AGAINST THE OWNERS BY THE CITY BE DISMISSED.
THIS HAS BEEN A VERY SAD AFFAIR FROM THE CONSTRUCTION OF THE COMPLEX AND SIX, SEVEN TO THE PRESENT DAY.
I'VE MANY PARTIES HAVE CONTRIBUTED TO THE REPEATED DELAYS, COST OVERRUNS AND DISTRIBUTION OF INACCURATE, MISLEADING, AND FALSE INFORMATION.
BUT THE LACK OF COMMUNICATION TO THOSE DIRECTLY AFFECTED BY THIS PROBLEM, THE OWNERS AND TENANTS.
SO IT COMPLEX, I BELIEVE IS THE MOST SERIOUS.
THE HOA HAS REPEATEDLY REFUSED TO PROVIDE OWNERS WITH DETAILS ON THE LITIGATION REMEDIATION COSTS, EXPENDITURES, AND DELAYS, AND THE CONTRACTOR, THE ONLY, ONLY SOURCE FOR SCHEDULING INFORMATION, HOA REFUSAL TO COMMUNICATE CONTINUED TO PUBLISH CLEARLY INACCURATE SCHEDULES.
UNFORTUNATELY, ANY ADDITIONAL COSTS, INCLUDING FINES WILL BE PAID BY THE OWNERS.
NOT THOSE THAT HAVE BEEN RESPONSIBLE FOR THIS SITUATION.
THEREFORE I WOULD RECOLLECT RELUCTANTLY RECOMMEND THAT COMMISSION WAIVE THE FINES IMPOSED ON THE OWNERS, BUT GOING FORWARD, THE COMMISSION NEEDS TO BE DETERMINED.
WHAT MEANS THEY HAVE BEYOND FINES TO ENFORCE CODE, TO ENFORCE CODE COMPLIANCE AND HOLD THOSE PARTY THAT CALLS THE VIOLATIONS THAT RESPONSIBLE FOR OUR ACTIONS, PROPERTIES WERE FOUND TO BE IN VIOLATION STATUS IN JANUARY OF 14, BUT AS THE NUMEROUS HEARINGS THAT HAVE TAKEN PLACE SINCE THAT TIME CODE COMPLIANCE, WHO ACCEPT THE HOS EXCUSES AND THE CONTRACTOR'S SCHEDULES AT FACE VALUE, LEAVING THE OWNERS TO LIVE IN POSSIBLY UNSAFE CONDITIONS FOR SIX YEARS.
AS IN THOSE SIX, WHEN THE CITY DETERMINED FROM TESTIMONY BY A THIRD PARTY ENGINEER HIRED BY THE CONSTRUCTION CONTRACTORS UNITS WERE FIT FOR OCCUPANCY.
AND IN 14, WHEN THE CITY DETERMINED FROM TESTIMONY BY A THIRD PARTY ENGINEER HIRED BY THE HOA THAT THE UNITS WERE NOT GOOD FOR OCCUPANCY OWNERS NEED ASSURANCE THAT THEIR PROPERTIES ARE SAFE.
AND WHEN HOA MANAGERS AND CONTRACTORS SHOW, THEY CANNOT BE TRUSTED.
OWNERS TURNED TO THE CITY TO ENSURE ALL PARTIES ARE WORKING ABOVE BOARD AND IN THE INTEREST OF ALL OWNERS, THANKS TO ALL THE CITY OFFICIALS THAT HAVE PROVIDED ME WITH INFORMATION AND DOCUMENTS OVER PAST 10 YEARS AND FITTING ENGINEERING AND CODE COMPLIANCE OFFICERS.
AND THANKS TO THE BUILDING STANDARDS, COMMISSION MEMBERS AND STAFF WHO WOULD TRY TO GAIN AN UNDERSTANDING OF THE SITUATION AND ALLOWED ME TO TRY TO EXPRESS MY CONCERNS AND FRUSTRATIONS OVER THE PROCESS, GOOD LUCK AND MAKING THE CITY OF AUSTIN A SAFE AND SACRED PLACE TO LIVE.
UM, I WOULD LIKE TO REMIND ALL COMMISSIONERS THAT THIS INFORMATION IS AVAILABLE IN OUR READERS UNDER THE OWNER REFERENCE DOCUMENTS.
UH, I BELIEVE IT IS UNIT P FIVE MCDONALD.
AND, UH, JUST TO EXPLAIN TO YOU MR. MCDONALD, WE'RE ALL TRYING TO GET UP TO SPEED ON THIS AS QUICKLY AS POSSIBLE.
SOME COMMISSIONERS HAVE NEVER SEEN THIS CASE AND THEY HAVE HAD THE TIME TO GET FAMILIAR WITH IT BASICALLY FROM THE MOMENT THE CASE WAS CALLED UNTIL RIGHT NOW.
SO, AND THAT'S WHY I, AND THAT'S WHY I SUBMITTED THOSE DOCUMENTS.
AND THAT'S, UH, THAT'S, THAT'S WHAT COMMISSIONERS ARE REFERRING TO RIGHT NOW.
UM, SARAH, CAN WE ADD A LITTLE BIT TO WHAT MR. MCDONALD'S SAID, I'M SORRY, THIS IS PAYBACK ON THE ASSOCIATION GRANGER.
WE REALLY WOULD LIKE TO HAVE A MOTION TO ACT UPON IN THE NEXT SIX MINUTES THAT THAT, UM, SCOPE OF WORK WAS NOT WHAT WE ENCOUNTERED DURING THE PROJECT.
THERE ARE OVER 200 REQUESTS FOR INFORMATION TO THE ENGINEER FOR INDIVIDUAL CIRCUMSTANCES, THERE WERE OVER ABOUT THREE DOZEN CHANGE ORDERS AND THIS PROJECT, IT WENT FROM FOUR
[03:40:02]
MAY.I BOARD REALLY SEE INFORMATION ON THE FINANCIAL.
IT WENT FROM ABOUT 4.8 TO ABOUT 7.2, AND WE WOULD USE THE SCOPE OF WORK, WHICH TOOK IT TO $6.3 MILLION.
THESE OWNERS HAVE HAD TO FLOAT THE LOAN TO GET THIS DONE A SUBSTANTIAL ONE WHILE I UNDERSTAND MR. MCDONALD'S VEHEMENT AND HIS OPINIONS, THEY'RE NOT SHARED BY THE MAJORITY OF THE OWNERS.
AS JOHN SAID, THE MAJORITY OF THESE OWNERS WANT THIS TO BE OVER WITH.
THEY WANT TO WALK AWAY AND THEN WANT TO GO ON WITH THEIR LIVES.
I HAVE STAYED ON WITH THIS PROPERTY.
I'VE BEEN HERE FOR 10 YEARS, GOING THROUGH ALL OF THIS WITH THEM, TWO LAWSUITS, THE TRIAL OF THE TEARS.
I ASK THAT THIS COMMISSION, PLEASE CONSIDER THE FACT THAT THESE OWNERS ARE THE ONES BEING PUNISHED AND NOT THE ONES THAT WERE TRULY AT FAULT, WHICH WAS THE DEVELOPERS.
THERE WERE TWO OF THEM AND ANSWER MR. MR. WORDED QUESTION, THEY WERE AT SOUTH AND SUTRA AS A DEVELOPER.
THANK YOU VERY MUCH FOR YOUR TIME FOR YOUR EFFORTS AND YOUR ENERGY AND ALL OF THIS.
AND JOHN EMILY, IF YOU HAVE ANYTHING YOU'D LIKE TO ADD, THIS IS NOT WHAT I HAVEN'T GOT TO SPEAK YET.
I JUST WANT TO SAY THANK YOU SO MUCH FOR SAYING THAT.
THANK YOU MISSION FOR LETTING ME SPEAK FOR JUST ONE SECOND.
UM, I WANTED TO ECHO WHAT FAITH SAID THAT THE MAJORITY OF THE COMMUNITY DOES NOT AGREE WITH WHAT KEVIN HAD PRESENTED.
AND THEN ALSO THE INFORMATION THAT HIS SECTION WAS FINE OR WAS MADE TO PAY FOR MONEY THAN OTHERS IS NOT TRUE AS WELL.
HE HAS OWNERS WHEN A SPECIAL ASSESSMENT IS LEVIED IT'S ON THE PERCENT OF OWNERSHIP IN THE COMMUNITY WHEN IT'S REPAIRING COMMON ELEMENTS.
SO EVERYONE, DEPENDING ON THE SIZE OF THE UNIT, THAT WAS THE SIZE OF THE, UM, SPECIAL ASSESSMENTS YOU HAD TO PAY FOR THE LOAN.
AND THEN ALSO THAT MIGHT BE THE LAST YES.
COMMISSIONER STONE SAID, UH, JUST ONE MOMENT, PLEASE.
I DON'T MEAN TO INTERRUPT THE WITNESS, BUT WE DO HAVE FOUR MINUTES, UH, PENDING.
I DON'T, UH, I DON'T MEAN TO BE DISCOURTEOUS, BUT WE ONLY HAVE FOUR MINUTES LEFT TO ACT.
SO, UH, I, UM, MS. CRO, IF YOU COULD JUST WRAP UP YOUR IDEA AND I'LL TRY AND SUMMARIZE VERY BRIEFLY.
JUST MY UNIT WAS THE LAST ONE TO GET THEIR CERTIFICATE OF OCCUPANCY OCCUPANCY DUE TO ISSUES BECAUSE IT'S AN END UNIT AND IT HAD A, UH, VAULTED WALL.
UM, AND JUST THAT, YOU KNOW, WE HAVE PUT OUR LIFE ON ALL OF OUR LIVES ON HOLD.
SOME PEOPLE HAVE PUT OFF STARTING A FAMILY, AND NOW IT'S TOO LATE.
OTHERS I'VE BEEN WAITING TO GET A MASTER'S DEGREE.
AND NOW, YOU KNOW, ALMOST 10 YEARS LATER, WE WOULD REALLY LIKE TO BE ABLE TO DO THAT.
THANK YOU SO MUCH FOR YOUR TIME.
FROM WHAT I'VE HEARD FROM ALL OF THE PROPERTY REPRESENTATIVES AND OWNERS IS THAT EVERYONE IS IN FAVOR OF THESE FINES BEING, UM, REMOVED, UNLESS I HEARD OTHERWISE, PLEASE SPEAK UP NOW, BUT IT SOUNDS AS THOUGH ALL, ALL FOUR REPRESENTATIVES WOULD LOVE TO SEE THESE FINES REMOVED.
UH, COMMISSIONERS DISCUSSION MOTIONS.
I MOVE THAT THE FINES BE REMOVED.
THANK YOU, COMMISSIONER OGUN, BUDDY.
UH, IF THERE'S ANY FURTHER DISCUSSION, LET'S HEAR IT.
MY DISCUSSION, MY DISCUSSION IS CAN, CAN BE MORE SPECIFIC, UH, REMOTE AGAINST WHOM.
I MEAN, NOT THAT I AGREE WITH IT, BUT I THINK THE MOTION NEEDS TO BE MORE SPECIFIC.
UH, THE FINES IS, UH, I BELIEVE IT, I'M SORRY.
I BELIEVE THE FINES CURRENTLY ARE LEVIED AGAINST THE HOMEOWNERS ASSOCIATION, WHICH I BELIEVE BASICALLY FALLS ON ALL OF THE ACTUAL INDIVIDUAL OWNERS.
MS. MS. WRIGHT, COULD YOU CLARIFY PERHAPS? YES, THAT IS CORRECT.
2017, WASN'T THERE ALSO FINES LEVIED AGAINST EACH UNIT ITSELF.
I THINK IT WAS MOSTLY SPENCER MACDONALD AND WE HAVE BEEN BUNDLED UP.
THOSE FINES HAVE BEEN BUNDLED UP AND IT'S ALL.
IS THAT, IS THAT, UM, THAT CLARIFICATION AS PART OF THE MOTION, I THINK WE SHOULD JUST GO AHEAD AND VOTE.
THEN I'M GOING TO GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF REMOVING ALL FINES.
[03:45:01]
SAY AYE, PLEASE RAISE YOUR HANDS ALSO.THANK YOU FOR SHOWING UP TO TALK AND TO PRESENT YOUR SIDE OF THE STORY.
AND I HOPE THAT THAT PROVIDES SOME SMALL MEASURE OF CLOSURE FOR THIS PROPERTY AND GOOD LUCK TO ALL OF YOU.
THANK YOU ALL YOU ARE WELCOME.
UH, I WOULD LIKE TO MOVE THE LAST
[5. Case Number: CL 2019-035856 Property Address: 12100 Mustang Chase/ Owner: Stanley G. Adams Staff Presenter: Farah Presley, Austin Code Department Staff Recommendation: Demolish swimming pool Previous Commission Action: Order issued March 27, 2019 for repair of the residential primary and accessory structures, maintenance of swimming pool and rubbish removal]
AGENDA ITEM TO THE JANUARY MEETING AGENDA ITEM NUMBER FIVE.AND, UH, WE NEED TO JUST VERY BRIEFLY TALK ABOUT ANY OTHER AGENDA ITEMS FOR THE NEXT MEETING.
I WILL HAVE MELANIE WILL COME.
AND IF SHE HAS ANYTHING THAT SHE WANTS TO ADD, BUT WE'LL BE ADDING 24 11 LONG VIEW STREET AND ONE, TWO, ONE ZERO, ZERO MUSTANG, CHASE TO THE JANUARY AGENDA.
WELL, YOU ALSO TALKED ABOUT CREEK'S EDGE, BUT I DON'T BELIEVE THERE ARE ANY PENDING ORDERS THAT YOU COULD BRING THEM BACK FOR.
UH, I MEAN, YOU HAD TALKED ABOUT PUTTING CREEK'S AG EDGE BACK ON THE AGENDA AND THERE ARE NOT ANY, UM, CURRENT ORDERS.
NO, AND I DON'T KNOW THAT WE COULD BRING IT BACK JUST FOR AN UPDATE.
WHY NOT? IT'S A REPEAT OFFENDER AND THEY HAVE BEEN CONSIDERED TO BE REPAIRED.
WHY NOT MAKE THEM SHOW UP AND EXPLAIN THEMSELVES IT CAN COME BACK FOR THE PERMISSION TO BE ABLE TO
IF ANOTHER COMMISSIONER IS READY TO ADD IT, WE WILL HAVE, WE CAN CERTAINLY, UM, YOU KNOW, MS. MILLER, IF YOU'D LIKE TO SEND THAT CONCERN ON TO MS. ALLIE, SHE COULD SEND IT OUT TO THE OTHER COMMISSIONERS AND WE COULD CONTINUE TO CONSIDER IT BEFORE THE JANUARY MEETING, OR WE COULD DISCUSS IT AGAIN IN JANUARY.
AND WITH THAT, I AM GOING TO, UM, ADJOURN.
CAN YOU CALL THE BRAND NEW YEAR 2021 IN 2021 WITH THEIR CHAIR? CAN YOU CALL TIME? CAN YOU CALL THE TIME? COULD IT BE OKAY, MS. ALI, WERE YOU TRYING TO TALK TO ME? CAN YOU CALL THE TIME? OH, I'M SORRY.
UM, OH, BROKER ON BROKER OWN MOTION.
GOOD NIGHT, SOMEBODY SENDING ME MESSAGES.