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[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.

MY NAME IS ANDREA FIBER.

FRYBERGER FAIRER OF THE BUILDING AND STANDARDS COMMISSION.

AND I'M GOING TO GO AHEAD AND CUDDLE FOR MY, FOR MY FELLOW COMMISSIONERS.

PABLO ABILA PRESENT.

SHOULD WITH THE COMMISSION? SORRY.

SHEDDEN IT'S MS. SHEDDEN ON THE, ON THE LINE YET? NOT YET.

OKAY.

THANK YOU.

IN GREEN.

IT LOOKS LIKE MR. GREEN IS NOT WITH US YET.

KIM IS DOSE STEAD HERE, PRESENT.

GREAT.

THANK YOU, JAMES.

.

THANK YOU.

I'M HERE.

EXACTLY.

EXACTLY.

WE DO NOT HAVE HER YET.

ELIZABETH MILLER PRESIDENT.

GREAT, GREAT.

THANKS.

WHERE DO YOU THOMPSON WORDY IS HERE.

WONDER AND TOM THOMAS FOCI.

UH, DAVE THOMAS FOLKY WITH US, PERHAPS HE WILL JOIN US FROM THE FIRE DEPARTMENT.

OKAY.

IT'S UH, I WOULD LIKE TO INTRO, TO INTRO TO SUPERVISOR CODE SUPERVISOR, MARLENE, WHO WILL BE INTRODUCING THE CASE.

OKAY.

MARLENA, CAN YOU, CAN YOU HEAR US? OKAY.

YOU CUT OUT THERE FOR A SECOND, BUT YES, I CAN HEAR YOU.

THANK YOU.

OKAY.

OKAY.

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.

MALAYNA RIGHT.

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.

UM, IF YOU PLEASE STATE YOUR

[00:05:01]

NAME FOR THE RECORD.

YES.

THIS IS DANIEL MURPHY WITH CTE OR CITY HALL REPRESENTATIVE.

YES.

DANIEL MURPHY WAS CTM.

I'M SORRY.

YOU HAVE FROM CTM PM.

IT'S DANIEL MURPHY.

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.

UM, I'M SEEING P WAVE AT ME.

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 WHAT I'M THINKING.

THAT'S, THAT'S WHAT, THAT'S WHAT WE THOUGHT HERE.

YOU'RE OFF COMPLETELY.

AND THEN WE LOG, OKAY.

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.

OKAY.

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.

OKAY.

OKAY.

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.

I'M OUT OF IDEAS.

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.

YES.

UH, IN FACT, UH, I'LL GO AHEAD AND DO THAT NOW.

SO GIVE ME A MINUTE.

OKAY.

THANK YOU.

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.

HEY, THIS IS CHAIR FRYBERGER.

YES, WE CAN HEAR YOU.

EXCELLENT.

OKAY.

UM, AND JUST TO RESPOND TO, UH, WAS THAT COMMISSIONER GREEN, WHO WAS ASKING FOR THE LINK IN THE CHAT.

OKAY.

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.

THANK YOU.

THIS IS COMMISSIONER MUELLER.

I ALSO DID NOT GET THE EMAIL WITH THAT LINK.

UH, NO.

DID I, THIS IS JAMES .

I DIDN'T RECEIVE THAT LINK EITHER.

IT'S PROBABLY DOWNLOADING WORD.

HE DIDN'T GET IT EITHER.

UH, THIS IS COME HERE.

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.

OKAY.

SO THIS IS CHAIR FRYBERGER.

AM I GOOD TO PROCEED WITH THE, WITH THE, WITH MY OPENING STATEMENT? YES.

YES.

WE'RE.

WE'RE GOOD TO GO.

OKAY.

THANK YOU.

OKAY.

I GET BACK.

OKAY.

SO, UM, OUR CTM REPRESENTATIVE, IF YOU COULD GO AHEAD AND TELL ME YOUR NAME.

CAUSE I MISSED THAT PART.

UH, THIS IS DANIEL MURPHY WITH CITY CTM.

OKAY.

THANK YOU, DANIEL.

WE APPRECIATE IT.

OKAY.

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.

IF SO, PLEASE

[00:15:01]

SIGNIFY BY SAYING I DO, OR IN THIS CASE, ACTUALLY, IF YOU OBJECT, PLEASE, PLEASE UNMUTE AND STATE.

SO NOW I DO.

OKAY.

THANK YOU.

I HEAR NO OBJECTIONS.

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.

OKAY.

I WILL LOOK THROUGH MY EMAILS WHILE WE'RE, WHILE WE'RE TAKING OF CITIZENS COMMUNICATIONS.

THANK YOU, MS. .

OKAY.

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.

ARE YOU ON THE LINE? YES.

GOOD EVENING.

UM, DO I GO AHEAD AND START? YES, PLEASE.

GO AHEAD.

OKAY.

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.

THANK YOU FOR YOUR TIME.

THANK YOU.

UM, SO WE ARE NOT POSTED FOR ANY ACTION ON THIS ITEM, UM, BUT THANK YOU FOR,

[00:20:01]

FOR COMMUNICATING.

OKAY.

NEXT WE HAVE PETRA ANTONIO AND I BELIEVE PETRA WILL HAVE AN INTERPRETER.

SUSANNA PIMENTO.

IS THAT CORRECT? YES.

YES, PLEASE GO AHEAD.

MY NAME IS .

I LIVE IN THE AGE APARTMENTS AND I'M HERE TO SPEAK ABOUT THE CONDITIONS, UH, WHAT'S HAPPENING, UH, AT CREEK STAGE , UH, FIRST SUPPORTER.

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 AND I, MY HAND AND I WENT TO THEIR OFFICE AND THEY GAVE ME $30 DISCOUNT.

AND I, I, THAT'S NOT FAIR.

THAT'S NOT ENOUGH TO PAY FOR THE ENERGY BILL I HAD TO BOIL OR THE WATER.

SO, UH, BASE MINUS, UH UH, AND I BOUGHT A COMMENT THOUGH.

UM, MORE RECENTLY I RECEIVED A NOTICE OF ABANDON DO IT, UH, UM, THAT IS NOT TRUE.

THEY WOULD, WERE AWARE THAT I WAS HERE AT THE APARTMENT.

I HAD MY LEASE, UH, UNTIL NOVEMBER 30TH, THIS UH, LATER ON, I GOT ANOTHER LETTER BY EMAIL, UH, ACCORDING TO JASON AND TELL HIM THAT IT WAS, UH, THE LETTER WOULD, HAS BEEN SENT, UH, IN AN ERROR , UH AFTER THAT I WENT TO THE OFFICE AND I ASKED FOR A NEW LEASE, UH, AND THEY TOLD ME THAT THEY WOULDN'T, THEY WOULDN'T, THEY WOULD NOT GIVE ME A LEASE THAT I WILL HAVE TO GO IN ONCE A MONTH.

UH, AND THAT'S NOT TRUE BECAUSE I HAVE BEEN LIVING HERE FOR NINE YEARS.

OUTSIDE OF MY SON AND NANCY, AND I DO NEED THE LEAST TO LIVE HERE, UH, BECAUSE I HAVE THIS UNCERTAINTY OF WHAT'S GOING TO HAPPEN NEXT AND THAT WOULD BE ALL FOR NOW ON.

THANK YOU.

THANK YOU.

GRACIAS.

OKAY.

UH, NEXT WE HAVE STEVEN FRISCHMAN.

MR. FRESHMANS, ARE YOU ON THE LINE? UH, YES.

HELLO? YES, PLEASE.

GO AHEAD.

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.

THANK YOU VERY MUCH.

THANK YOU, MR. FRESHMEN.

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.

IT WAS TAKING IT OVER.

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.

IT FIRST CAME UP.

SO, UH, I AGREE.

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.

UM, ALEJANDRO MUNOZ.

ARE YOU ON THE LINE? YES, I'M HERE.

OKAY.

WOULD YOU LIKE TO GO AHEAD? THANK YOU.

HELLO.

MY NAME IS AND I WORK WITH BOSSA AS A TENANT ORGANIZER, BASA OR BUILDING AND STRENGTHENING TENANT ACTION IS A PROJECT THAT SUPPORTS RENTERS IN THE CITY OF BOSTON TO ENFORCE HER RIGHTS AND GET ME TO REPAIRS.

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.

TENANTS.

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.

THANK YOU.

THANK YOU, MS. NUNEZ.

OKAY.

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.

LET'S SEE OCTOBER'S MEETING.

YES.

OCTOBER 28.

YES.

THANK YOU.

THE OCTOBER 28TH, 2020 REGULAR MEETING.

OKAY.

UH, DOES ANYONE HAVE EMOTION? THE MINUTES COMMISSIONER? GREAT.

IS THAT COMMISSIONER ABILA AND OLGA MODI.

THANKS, SIR.

THE MOTION.

OKAY.

THANK YOU.

ALL RIGHT.

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.

DID ANYONE AT STAIN? YEAH.

ALL RIGHT.

THAT WAS UNANIMOUS.

ALL RIGHT.

THANK YOU.

UH, I BELIEVE WE ARE READY TO MOVE ON TO OUR CASES.

ALL RIGHT.

THANK YOU, MS. WRIGHT.

YES.

THANK YOU.

CAN YOU HEAR ME? I CAN.

YES.

THANK YOU.

THANK YOU.

RIGHT.

SO THE NEXT ITEM

[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.

PLEASE BEGIN YOUR TESTIMONY.

ACTUALLY, I'M GOING TO HIT PAUSE FOR JUST ONE MOMENT.

I'M SORRY.

I SHOULD HAVE ASKED AT THE BEGINNING.

UH, DO WE HAVE THE PROPERTY REPRESENTATIVE ON THE LINE? LOOKS LIKE, UM, YES, I'M HERE.

OKAY.

IS THAT MEN AT? YEAH, THAT'S ME, MAN.

YES.

OKAY, GREAT.

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.

OKAY.

THANK YOU.

I DID ACTUALLY JUST RECEIVE AN EMAIL, UM, ARE ANY OTHER COMMISSIONERS MISSING THIS INFORMATION AS WELL? WOW.

I DID RECEIVE THE LINK.

THANK YOU.

BUT I DON'T THINK THE FOLDERS ARE OPENING UP THE WAY THAT NORMALLY WOULD, BUT I'M TRYING IT AGAIN NOW.

OKAY.

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.

THIS IS COMMISSIONER.

I DO HAVE IT.

NO, WHAT YOU DO HAVE IT.

OKAY.

BUT IT SOUNDS LIKE MR. GREEN IS HAVING DIFFICULTY IN MR. TIM'S TOAST, DAD.

UH, W WHAT THAT PROPERTY AGAIN? UM, I HAVE THE LINK, BUT I, I JUST WANNA MAKE SURE I CAN GET IT.

IT'S 2371 POLARIS AVENUE.

I JUST WAS OPENING.

SORRY.

OKAY.

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.

OKAY.

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.

OKAY, GREAT.

THANK YOU.

YES.

GO AHEAD.

INSPECTOR INSPECTOR CRUZ.

I BELIEVE IT IS.

YES.

YES, SIR.

GOOD EVENING COMMISSIONERS.

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.

OKAY.

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.

I PERFORM

[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.

JUST, JUST HOLD.

THERE WE GO.

THANK YOU.

OKAY.

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.

NEXT SLIDE, EXCUSE ME.

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.

NEXT SLIDE, EXHIBIT TWO.

IT COULD BE A SYRUP CRACK ON THE BRICK WALL OUTSIDE OF ONE OF THE UNITS.

NEXT SLIDE.

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.

THANK YOU.

THANK YOU.

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, YEAH.

OKAY.

UM, MR. NGUYEN, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED WITH YOUR, WITH YOUR, THANK YOU VERY MUCH.

THANK YOU.

GOOD EVENING.

MY NAME IS .

OKAY.

WE ARE THE OWNER AT THE POLARIS.

WE ARE TALKING ABOUT AVENUE.

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.

OKAY.

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.

THEY LEFT BEHIND.

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.

AFTER THAT.

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.

OKAY.

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.

NONE OF MY TENANT DO IT.

THE YOUNG DO IT.

WE HAVE LONG-TERM TENANTS WHO HAVE BEEN WITH US FOR A LONG TIME.

SO WE ENDED UP HAVING TO PLANT FENCE POSTS.

AGAIN, I SHOW A PHOTO.

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.

OKAY.

ANYWAY, GO ON TO SEPTEMBER 20, 20 AND INSPECTION BAHRAIN AND THE CREWS INSPECTOR IN OUR CREWS.

OKAY.

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.

IT IS A SEPARATE PROPERTY.

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.

OKAY.

SECOND INSPECTOR HAS LACK OF COMMON SENSE AND CONSIDERATION FOR THE AGE OF THE BUILDING.

OKAY.

ACTUALLY A LOT OF NITPICKING AND THEY CALL IT THE FEATURE YOU CAN SEE FROM HIS PHOTO.

IT IS A 40 YEAR OLD BUILDING.

OKAY.

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.

OKAY.

THEN SEPTEMBER AFTER SEPTEMBER, HE HAD COME ANOTHER INSPECTOR.

OKAY.

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.

THAT'S NOT SERVICING.

I CAUSED THAT VIOLATION.

I LIKE IF I HAVE TO FIX AND I MARRIED, FIXED SOME OF THOSE.

OKAY.

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.

I STILL HAD TO PAY IN FULL.

[00:50:01]

OKAY.

BUT ALL THIS, A COMBINER CODE VIOLATION, IF YOU LOOK AT IT IN THE GRAND CONTEXT, OKAY.

IT IS MINOR.

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.

OKAY.

FROM A NITPICKING VIEWPOINT.

OKAY.

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.

OKAY.

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.

THANK YOU.

OKAY.

THANK YOU.

THIS GENTLEMEN, I HAVE A QUESTION FOR YOU, MR. EDWIN.

YES.

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.

I PAY IT.

AND THEN EVERY, EVERY MONTH INSPECT NEW INSPECTORS COMING OUT, FINDING ALL THE THING, FINDING THINGS THAT MR. REYNALDO DIDN'T EVEN FIND BEFORE.

OKAY.

YES.

YOU, YOU, YOU STATED THIS IN YOUR TESTIMONY.

WE HEARD IT.

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.

I WAS THERE.

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.

YEAH.

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.

RIGHT.

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.

OKAY.

THANK YOU.

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.

YOU LIVE IN AUSTIN.

NO, I DON'T LIVE IN AUSTIN.

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.

OKAY.

I KEEP THE IMPORTANT POINT.

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.

AND, UM,

[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.

UH, MR. WYNN.

OH, YEAH.

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.

YES.

DO YOU HAVE THEM ALL MANAGED BY THE SAME PEOPLE? CORRECT.

RIGHT THERE, STAY THERE.

I HAVE A QUESTION FOR CODE OFFICER CRUZ.

THIS IS CHAIR FRYBERGER.

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.

WOW.

OKAY.

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.

YEAH.

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.

I CLEANED IT UP EVERY TIME.

OKAY.

IT COST ME MONEY, TIME AND EFFORT.

AND THEN YOU PUT ME ONTO AN OFFENDER REPEAT OFFENDER PROGRAM.

OKAY.

MR. , MR. NEWIN.

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.

IT CAN BE ON THE SAME DAY.

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.

OKAY.

OKAY.

UNDERSTOOD.

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.

THANK YOU.

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.

OKAY.

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.

OKAY.

ALL RIGHT.

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.

THAT'S CURLING MYSELF.

OKAY.

PAGE SEVEN.

OH, HERE WE GO.

AND, UH, MR. , IF THERE ARE THINGS THAT YOU WOULD SPECIFICALLY LIKE TO SEE, FEEL FREE TO CALL THEM OUT, TOO.

HELLO.

THE VIOLATIONS ON THE STRUCTURE OF THE, UM, OF THE BUILDING THEMSELVES OR THE BUILDING ITSELF, THE UNIT SO MUCH A THING.

CORRECT.

ALL RIGHT.

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 CHARGE AND THEN YOU TURN IT ON AND INSIDE TO ME, WHICH IS NEW BECAUSE MR. MR. NEWIN YES, WE ARE.

WE, WE ARE STILL OPEN FOR THE PUBLIC HEARING.

THAT IS CORRECT.

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.

ABSOLUTELY.

OKAY.

UM, BUT THAT, THAT WAS, THAT WAS A LITTLE ONE A MARRIED, THE MAIN REASON IS LACK OF COMMON SENSE FROM THE INSPECTOR.

SO, YES, GO AHEAD.

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.

OKAY.

AND WHAT I'M ASKING FOR FIRST OF ALL, IS MORE TIME TO TAKE CARE OF NOT THE 30 DAYS.

NUMBER ONE, NUMBER TWO.

OKAY.

IS TO BE ABLE TO FIRST IS TO HAVE MORE TIME TO FIX IT.

OKAY.

AND BE ABLE TO DEAL WITH ONE INSPECTOR INSTEAD OF EVERY TIME A NEW INSPECTOR COME OUT.

OKAY.

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.

OKAY, SURE.

I WILL FIX IT GIVEN TIME.

AND YEAH.

IT'S NOT SOMETHING THAT, I MEAN, GOING CARS AND GETTING TO COLLAPSE OR ANYTHING ELECTRICAL.

YES.

IT HAD BEEN THE OLD ENOUGH WE'LL FIX IT.

WE'LL TAKE CARE OF IT.

OKAY.

BUT ALL THE THINGS LIKE THEY CALL IT THE PANEL AND TRIM WINDOW TOO.

THAT'S JUST NITPICKING ON IT.

SO CHRONIC, THEY CALL IT FLAMES.

SURE.

JULIE

[01:05:01]

WILL FIX IT.

YEAH.

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.

THANK YOU.

INSPECT YOUR CREWS.

WERE YOU ABLE TO START WITH THESE QUESTIONS? ARE YOU RE REPEAT THE QUESTION AGAIN? I KNOW, I'M SORRY.

I APOLOGIZE.

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.

THANK YOU.

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.

VERY GOOD.

OKAY.

YEAH.

THAT WAS, THANK YOU SO MUCH.

THAT WAS JUST, THAT WAS MY ONLY QUESTION.

THANK YOU, MADAM CHAIR.

THANK YOU.

WELL, I WAS BOUND TO THAT.

THANK YOU.

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.

IT'S A REPAIR ITEM.

OKAY.

THE SAME THING, THE WINDOW WE DO THAT IS DOCKS OPEN OUT A NEW OPENING, A NEW WINDOW.

IT'S JUST ALL WINDOW BROKEN.

WE HAVE TO INSOMNIA WE'LL KNOW MORE EFFICIENT WITH IT.

BASICALLY FROM MY VIEWPOINT.

IT SAYS IT IS ACTUALLY PLACING A TIE ON MY CAR.

OKAY.

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.

I DON'T KNOW, NEED IT PERMIT.

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.

LET ME ADD TO THAT PLEASE.

OKAY, GOOD.

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.

IT WAS NOT UNDER OUR PURVIEW.

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.

CORRECT.

AND FROM WHAT WE HAVE SEEN NOW, YOU, YOU ARE CONCERNED ABOUT THE TIMEFRAME GIVEN TO COMPLY, YOU KNOW, TO BRING EVERYTHING INTO COMPLIANCE.

IT IS NOW

[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.

YES.

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.

SECOND.

I ALREADY TOOK CARE.

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.

AND ONE OF WHICH IS EMOTION.

UH, ONE IS THAT I'D SAY IN ALL DUE FAIRNESS AND, UH, APPRECIATING OUR,