Jan 28, 2021 Special Building and Standards Commission

GLAD YOU'RE HERE.

COMMISSIONER EDGAR.

FARRERA YES, I'M HERE.

CAN YOU HEAR ME? YES, I CAN.

UH, GOOD, GOOD TO HAVE YOU AND COMMISSIONER AND NATALIA SHEDDEN HERE.

BRIGHT, GLAD YOU'RE HERE.

AND DO WE HAVE FIRE CHIEF TOM VOKEY WITH US TONIGHT? YES, I'M HERE.

OH, GREAT.

OKAY, GOOD.

IT LOOKS LIKE MR. ABILA JOIN AUSTIN.

OH, UH VICE-CHAIR PABLO ABILA IF YOU COULD LET US KNOW IF YOU WERE WITH US.

I'M JUST TRYING, I'M JUST TRYING TO GET MY CAMERA TO SHOOT THE OTHER WAY.

WELL, I WILL CONTINUE THEM WITH THE OPENING STATEMENT.

UH, TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.

WELL, ALMOST EACH CASE WE ARE GOING TO PULL ONE OF THEM.

THE COMMISSION WILL CONSIDER SEVEN CASES FROM SEVEN PROPERTIES.

I'M GOING TO DO A QUICK COUNT AND MAKE SURE THAT'S STILL CORRECT.

IT MIGHT BE FEWER THAN THAT.

ONE, TWO, THREE, FOUR, FIVE, SIX, SIX CASES FROM SIX PROPERTIES, I BELIEVE IS THE CORRECT NUMBER FOR TONIGHT.

UH, THE CASES ARE TYPICALLY CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT IS APPROPRIATE AND WE WILL BE DOING SO TONIGHT.

UM, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, MOST IMPORTANTLY, FOR MOST IMPORTANTLY, FOR TONIGHT, THAT WOULD MEAN PLEASE STAY MUTED UNLESS YOU ARE PRESENTING OR I'M CALLED UPON TO DO SO.

THE COMMISSION'S COORDINATOR, MELANIE ALLIE WE'LL CALL EACH CASE ON THE AGENDA.

AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.

SO WHEN YOUR CASE IS CALLED, THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY WILL COME FORWARD.

AND, UM, WELL, SORRY, THIS DOESN'T APPLY TONIGHT.

UH, WHEN YOUR CASE IS CALLED, WE'LL MAKE SURE THAT YOU'RE ON THE PHONE LINE, THE OWNER OR REPRESENTATIVES OF THE PROPERTY, AND MISS ALLIE WILL INTRODUCE THE CASES AND PRESENT THE CITY'S EVIDENCE AND WITNESSES.

AND AFTER EACH CITY WITNESS TESTIFIES YOU OR YOUR ATTORNEY MAY ASK THE WITNESSES.

ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL THEN HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE, AND YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

WHEN THE TIMER INDICATES THAT THE TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION AND, UM, CITY HALL.

ARE YOU GOING TO BE OUR DESIGNATED TIME CUTER TIMEKEEPER TONIGHT? YES, WE WILL.

OF ANY ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.

THANKS.

JUST LET US KNOW.

SO AFTER YOU'VE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY AND AFTER BOTH YOU AND THE CITY HAVE PRESENTED 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.

I DON'T BELIEVE WE ACTUALLY HAVE ANYONE SIGNED UP FOR THAT THIS EVENING.

UM, BUT THAT'S HOW IT WOULD NORMALLY GO.

SO BOTH SIDES OF THE COMMISSION MAY ASK QUESTIONS

[00:05:01]

THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

THE 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 CASES CALLED.

SO WITNESSES TESTIFY UNDER OATH.

SO ANY PERSON THAT WANTS TO PRESENT TESTIFY TESTIMONY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

WE'RE ACTUALLY GOING TO DO THIS A LITTLE BIT IN REVERSE.

I WILL READ OUT THE OATH AND, UM, YOU KNOW, OF COURSE SAY I DO, IF YOU LIKE, BUT JUST UNMUTE YOURSELF.

IF YOU HAVE ANY, IF YOU DO NOT AGREE WITH US WOULD BE THE WAY THAT WE'D DO IT TONIGHT.

SO 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 SIGNIFY BY SAYING I DO.

AND IF ANYONE OBJECTS TO THE OATH PLEASE STATE.

SO NOW I DO OKAY.

HEARING NO OBJECTIONS.

AND IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.

[CITIZEN COMMUNICATION]

UM, ACTUALLY I BELIEVE FIRST IT'S NOT EVEN AN AGENDA ITEM IS THE, UH, CITIZEN COMMUNICATION.

AND WE DO HAVE SOME REGISTERED SPEAKERS FOR THAT TONIGHT CHAIR, IF I CAN SAY SOMETHING, WE HAVE, UH, THREE REGISTERED PEOPLE FOR CITIZENS COMMUNICATION, BUT ONE OF THOSE SPEAKERS, SAM KURTZ IS NOT ABLE TO BE ON THE CALL.

AND GABBIE GARCIA IS HERE AND WOULD LIKE TO READ HIS WRITTEN STATEMENT INTO THE RECORD.

AND ALSO SHE WOULD LIKE TO HAVE HER OWN ADDITIONAL THREE MINUTES IF POSSIBLE, TO PROVIDE HER OWN TESTIMONY.

THANK YOU FOR CLARIFYING.

YES, I WAS.

I WAS A LITTLE BIT CONFUSED ABOUT THAT.

OKAY, THEN I WILL JUST GO AHEAD AND CALL THE REGISTERED SPEAKERS IN THE ORDER IN WHICH THEY APPEAR.

UH, DO WE HAVE AN AMY POLIFKA YES, THAT'S ME.

OKAY, GO AHEAD PLEASE.

YOU HAVE THREE MINUTES.

JUST WANT TO SAY THAT THE BSE EXISTS BECAUSE COMPANIES LIKE THESE TAKE ADVANTAGE OF PEOPLE WHEN CODE VIOLATIONS ARE NOT PROPERLY, PROPERLY ENFORCED.

SO MY NAME IS AMY PALUSKA AND FROM THE 305 PLATTS TENANT ASSOCIATION.

AND I APPRECIATE YOU ALL FOR LETTING ME SPEAK TODAY.

I'VE LIVED ON THE PROPERTY FOR THREE YEARS.

UM, DECEMBER'S GAS SHUT OFF, UH, HAS SHED A BRIGHT LIGHT ON COOPER STREET.

CAPITAL'S METHOD OF OPERATING, UH, THEIR SUBSTANDARD RESPONSE TO THE GAS OUTAGE REVEALS HOW UNPREPARED THEY ARE TO MAINTAIN THEIR PROPERTIES.

THIS IS BECAUSE THEY HAVE ACTUALLY NEGLECT TO THEIR TENANTS AND IGNORE THEIR REPAIR REQUESTS.

I CAN'T SPEAK ON THEIR MOTIVATION FOR THIS POLICY, BUT I'M SURE THAT THIS NEGLIGENT METHOD OF OPERATING SAVES THEM A LOT OF MONEY.

SINCE I MOVED IN OVER TWO YEARS AGO, I HAVE REGULARLY SENT ME AN INVOICE REQUEST FOR A LEAKING FAUCET.

IN MY BATHTUB TWO YEARS, MY FAUCET HAS BEEN LEAKING IN EACH CASE, THE MAINTENANCE HAS MARKED MY REQUEST IS RESOLVED WITHOUT FIXING THE LEAK.

THE OUTDOOR LIGHTS IN THE BUILDING HAD BEEN BROKEN FOR OVER A YEAR, LEADING THE EXTERIOR OF THE BUILDING, TOTALLY DARK.

I HAVE SUBMITTED MANY, MANY REQUESTS FOR THIS TO BE FIXED BECAUSE I FEEL UNSAFE ENTERING MY APARTMENT AT NIGHT.

I WILL SAY THAT IN THIS SITUATION IT'S QUITE CONVENIENT FOR CSC, THAT THEY REGULARLY DELETE THEIR ELECTRONIC MAINTENANCE REQUESTS FROM THE TENANT WEB PORTAL.

BECAUSE I CAN'T TELL YOU HOW MANY TIMES I'VE HAD MAINTENANCE REQUESTS, MARK RESOLVED WHEN THEY WERE NOT.

BUT I WILL TELL YOU THAT IT'S WHAT I'VE COME TO EXPECT.

WHEN I SUBMIT A REQUEST JUDGING BY THE LENGTH TO WHICH I HAVE TO GO TO RECEIVE BOTH MINOR AND MAJOR REPAIRS, I CAN ONLY CONCLUDE THAT THE COMPANY'S POLICY IS TO AVOID DOING REPAIRS AT ALL COSTS.

IN THE MIDDLE OF SUMMER, I WAS ABOUT AC AND I HAD TO PAY FOR A HOTEL ROOM FOR OVER SEVEN DAYS.

NO ONE SHOWED UP TO FIX THIS ISSUE UNTIL AFTER I CONTACTED THE CODE DEPARTMENT AND CENTRAL BUTTON REQUEST, THEY FIXED IT SIMPLY BY ADDING COOLANT TO THE AC UNIT.

AND IF YOU KNOW ANYTHING ABOUT AIR CONDITIONING, YOU WON'T BE SURPRISED TO LEARN THAT MY AC STARTED BLOWING HOT AIR AGAIN.

THIS SEASON, WHEN MAINTENANCE CAME TO LOOK AT MY AC LAST MONTH, THEY INSINUATED THAT I WAS BEING UNREASONABLY, DEMANDING, SHOOTING, THAT IT WAS NOT HOT OUTSIDE, AND THAT IT'S A HASSLE TO GO OUT ONTO THE ROOF.

THEY DID NOTHING.

AND THEY MARK THE REQUEST IS DONE.

I LIVE ON THE SECOND FLOOR OF MY BUILDING.

MY APARTMENT IS GENERALLY 10 DEGREES HOTTER THAN THE TEMPERATURE OUTSIDE.

AND I SPENT THREE NIGHTS THIS WEEK AT HER FRIEND'S HOUSE, BECAUSE AT THE END OF THE DAY, IT WAS TOO HOT AND I WAS UNABLE TO SLEEP IN THE HEAT.

THE BUILDING HAS RATS AND ROACHES.

UM, ONE OF MY NEIGHBORS HAS BEEN ASKING FOR A LOCK ON HIS WINDOW FOR MONTHS.

NOW I COULD GO ON.

I REALLY COULD.

UM, BUT I

[00:10:01]

AT LEAST THAT'S WHAT I BELIEVE, UH, AM LED TO BELIEVE.

UM, 305 FLATS SHOULD BE ADDED TO THE REPEAT OFFENDER LIST IN MY OPINION, BUT THIS BEHAVIOR IS NOT LIMITED TO ONE PROPERTY.

ALL OF AUSTIN COC PROPERTIES SHOULD BE EXAMINED MORE CLOSELY.

OTHERWISE THEY'LL CONTINUE TO TAKE ADVANTAGE OF TENANTS IN OUR CITY.

I'M ASKING THE BUILDING AND STANDARDS COMMISSION TO DO WHAT THEY'RE HERE FOR, TO PROTECT AUSTIN, CITIZENSHIP AS CITIZENS.

THANK YOU SO MUCH FOR HEARING ME OUT.

THANK YOU FOR BEING HERE TONIGHT.

NEXT.

I WOULD LIKE TO KNOW IF GABBIE GARCIA IS PRESENT AND IF SHE, AND IF SO, IF SHE WOULD LIKE TO BEGIN WITH THE WRITTEN TESTIMONY OF SAM, I AM HERE.

OKAY, PLEASE PROCEED.

DO YOU HAVE THREE MINUTES? MY NAME IS SAM PERISH AND A PREVIOUS TENANT AT THREE OH FIVE FIVE, AND ALSO ONE OF THE FOUNDING MEMBERS OF THE TENANT ASSOCIATION.

I LIVED THERE FOR ONE AND A HALF YEARS PRIOR TO MOVING OUT AT THE END OF DECEMBER, THE GAS SHUT OFF SEVERELY.

IF I COULD MEAN A NUMBER OF WAYS, I WASN'T ABLE TO COOK, HAD TO DISPOSE OF SPOILED FOOD FROM INABILITY TO USE MY STOVE AND OVEN.

IT'S NOT ONLY IMPACTED MY HEALTH BY FORCING ME TO ORDER FAST FOOD MORE OFTEN, BUT ALSO MY WALLET.

ADDITIONALLY, DUE TO INABILITY TO TAKE SHOWERS IN THE DEAD OF WINTER AND DURING THE COLD FRONT, I WAS DISCOURAGED FROM EXERCISING BECAUSE OF THE LACK OF HEAT.

I HAD TO WEAR MANY LAYERS OF CLOTHES, WHICH I WAS UNABLE TO WASH BECAUSE OF LACK OF FUNCTIONING LAUNDRY FACILITIES.

THE COMBINED EFFECT OF ALL OF IS GREATLY IMPACTED IN MY ALREADY TROUBLED MENTAL HEALTH.

WE WERE TOLD TIME AND TIME AGAIN, THAT TOMORROW SHOULD BE THANKED, BUT THE WORD BECAME MEANINGLESS MANAGEMENT TECHNICALLY MADE AN EFFORT, BUT A COMPLETELY UNREASONABLE EFFORT.

THEY PROVIDED US SPACE HEATERS ONLY AFTER ANOTHER TENANT SUGGESTED IT.

THIS PARTIALLY HELPED WITH THE HEAT ISSUE, WHICH WAS THE LEAST CONCERNING, BUT IT ALSO INCREASED THE COST OF OUR ELECTRICITY BILLS.

MANAGEMENT PROVIDED ONE SINGLE MEAL DURING THE MONTH LONG SHUT OFF.

THEY BROUGHT MCDONALD'S.

HOWEVER, AS A VEGETARIAN, THEY DID NOT PROVIDE ANY OPTIONS FOR ME.

IT WAS ALSO AN ANNOUNCED.

SO I'M ASSUMING OTHER TENANTS HAD ALREADY PURCHASED FOR SORTED OUT THEIR MEALS FOR THAT EVENING, BUT ONLY OTHER ACCOMMODATION PROVIDED WAS ACCESS TO A SHOWER AT A COMPLEX.

IF YOU WALKED AWAY WHILE THEY WERE TECHNICALLY, TWO SHOWERS PROVIDED ONLY ONE WAS FUNCTIONAL THAT SINGLE SHOWER WAS NEVER CLEANED BETWEEN USES AND BATHROOM FACILITIES SHOULD NOT BE SHARED WITH SOMEONE WHO HAS COVID-19 WITHIN A THREE HOUR WINDOW AT MINIMUM.

THESE PROBLEMS WITH ESE MANAGEMENT ARE NOT ISOLATED.

THEY'RE SYSTEMATIC DURING MY TIME LIVING AT THREE OH FIVE LADS, I HAD A PERSISTENT RAT PROBLEM, A NON-FUNCTIONING DISHWASHER, MOLD ISSUES, THE TOILET SEAT THAT CONTINUALLY BROKE OFF AND MORE, EVERY TIME I REQUESTED A WORK ORDER.

SO APART WORK WAS DONE AND MARKED COMPLETE.

DESPITE THE PROBLEM NEVER BEING FIXED B WORK ORDERS WERE LATER DELETED TO PREVENT US FROM HAVING ANY EVIDENCE.

THEIR STRATEGY IS QUITE CLEARLY TO WHERE TENANTS DOWN TO MAKE US SIMPLY GIVE UP DUE TO THEIR HISTORY OF NOT FIXING THINGS.

THEY CLAIM.

THERE ARE NO ISSUES BECAUSE NO ONE COMPLAINS ANYMORE.

DESPITE THERE BEING WIDESPREAD PROBLEM, THE AMOUNT OF WORK NEEDED TO GET MANAGEMENT TO FIX THINGS IS FAR GREATER THAN A REASONABLE THAN IS REASONABLE FOR TENANTS STRUGGLING TO GET BY IN THE COVID-19 PANDEMIC THREE OH FIVE FLATS NEEDS TO BE PUT ON THEIR READ DEFENDER LIST BECAUSE WITHOUT CONSEQUENCES, NO ACTIONS WILL BE TAKEN AND PEOPLE CONTINUE TO BE FORCED TO LIVE IN UNSAFE UNITS.

AND, UH, MS. GARCIA, YOU WOULD LIKE TO GIVE YOUR OWN OR USE USE ANOTHER THREE MINUTES FOR YOURSELF, IS THAT CORRECT? YES, I WOULD.

SAM HAD SIGNED TO SPEAK UP.

AND I APPRECIATE YOU LETTING ME READ THEM.

UM, SO HELLO.

MY NAME IS GABBY.

UM, YOU ALL MAY REMEMBER ME FROM LAST MONTH.

UM, I'M AN ATTENDANT ORGANIZER WITH PASTA.

AND LAST MONDAY, I WAS HERE TO TALK ABOUT SOME ISSUE THAT AT CREEK EDGE TODAY, I'M HERE TO TALK ABOUT ANOTHER PROPERTY.

THAT'S ALSO OWNED BY COOPER STREET, CAPITAL THREE OH FIVE FLATS IS A SMALL COMPLEX IN HYDE PARK.

AFTER THANKSGIVING, THE TENANTS REACHED OUT TO BOSTON BECAUSE THEIR GAS HAD BEEN OUT FOR SEVERAL DAYS.

THE TENANTS FORMED AN ASSOCIATION TO GET THIS ISSUE FIXED AS SOON AS POSSIBLE, BEING WITHOUT GAS MEANT THAT THEY COULD NOT COOK HEAT THEIR HOMES AND HAD NO ACCESS TO HOT WATER TENANTS REPORTED THAT MANAGEMENT HAS NOT EVEN SENT OUT A PLUMBER AFTER ALMOST TWO WEEKS.

IT WAS NOT UNTIL THEY COMPLAINED TO CODE THAT A PLUMBER WAS SEEN AT THE COMPLEX.

HOWEVER, OVER THE NEXT FEW DAYS, MANAGEMENT KEPT HIRING DIFFERENT PLUMBING COMPANIES THAT WOULD START FROM SCRATCH, WHICH MEANT THAT NO WORK WAS ACTUALLY BEING DONE IN THE END.

IT TOOK 20 DAYS TO GET THE GAS RECONNECTED.

AND AFTER THAT, THERE WERE STILL OVER A DOZEN UNITS, BUT EITHER DIDN'T HAVE WORKING STOVES OR WORKING HEAT OR BOTH.

AND THAT WASN'T UNTIL JANUARY, JANUARY SEVEN TO BE EXACT THREE OH FIVE BLOCKS WAS ORIGINALLY SCHEDULED TO BE ON THE BFE AGENDA TONIGHT.

AND THAT'S WHY AMY AND

[00:15:01]

UM, BUT ONCE AGAIN, CSE WAS ABLE TO GAIN THE SYSTEM.

I CAN PUT EITHER PAIRS JUST IN TIME TO AVOID ANY CONSEQUENCES.

WHAT TENANTS HAVE GONE THROUGH IS UNACCEPTABLE EVEN MORE SO DURING THE PANDEMIC.

AND IT'S IMPORTANT TO HIGHLIGHT THAT WHAT HAPPENED AT THROUGH PIPELINES.

IT'S NOT FROM RANDOM ACTS, SOMETHING THAT HAPPENED, YOU KNOW, JUST UNFORTUNATELY, BUT THE TENANTS THAT LIVE ALL ACROSS THE 11 PROPERTIES THAT ARE OWNED BY COOPER STREET, CAPITAL AND AUSTIN REPORT LIVING IN SUBSTANDARD CONDITIONS.

AND FOR THAT REASON, WE THINK THAT COACH HAS CONSIDERED ADDING ALL PROPERTIES OWNED BY CSC TO THE REPEAT OFFENDER PROGRAM.

AND ONCE THEY'RE ON THE ROP LIST, STATION USE ENFORCEMENT TOOLS LIKE SUSPENSION AND REVOCATION, SO THAT THEY REALIZED THAT THEY CAN'T CONTINUE TO OPERATE WITHIN COMMUNITY.

UM, AND, AND THAT'S ALL, THANK YOU AGAIN SO MUCH FOR YOUR TIME.

THANK YOU, MS. GARCIA FOR BEING HERE.

UH, SO WE CAN NOT TAKE ANY ACTION RIGHT NOW.

UM, BUT WE WILL TAKE THIS UP AT THE END OF THE MEETING.

UM, AND SEE IF THERE'S ANYTHING WE CAN DO ABOUT ADDING THIS TO A FUTURE AGENDA.

UH, NEXT I'D LIKE TO MOVE TO APPROVAL OF THE MINUTES.

[APPROVAL OF MINUTES]

IF WE COULD GO AHEAD AND APPROVE THE MINUTES, UM, THEY SHOULD BE IN YOUR READERS FOR YOUR REVIEW.

SO THESE ARE THE MINUTES FROM THE DECEMBER 9TH, 2020 REGULAR MEETING ACTUALLY, WHILE EVERYONE WAS LOOKING AT THAT, I WOULD LIKE TO, UM, FOR THE RECORD, JUST, UH, GET COMMISSIONER GREEN ON THE RECORD IS BEING PRESENT.

IF YOU COULD JUST SAY HELLO, HER PRESENCE, MR. GREEN.

YOU'RE MUTED RIGHT NOW.

YOU CAN HEAR ME NOW.

YES, WE CAN HEAR YOU NOW.

I KIND OF SAYS I'M MUSIC.

AND DID ANY OTHER COMMISSIONERS JOIN US IN THE MEANTIME? I THINK WE'VE GOT EVERYONE ELSE, BUT I'LL DO A QUICK CHECK.

WOULD ANYONE LIKE TO MAKE A MOTION REGARDING THE, UH, THE MINUTES EMOTION THAT WEEK OF DECEMBER NINE? A SECOND? OKAY.

ALL IN FAVOR OF APPROVING THE MINUTES FROM THE DECEMBER 9TH, 20, 20 REGULAR MEETING, SAY, AYE, LEAVE YOUR HAND OR ANY OPPOSED? DID ANY, WOULD ANYONE LIKE TO ABSTAIN? THIS IS COMMISSIONER FERRERA.

I MISSED THAT MEETING, SO I THINK I SHOULD ABSTAIN.

SO WE HAVE ONE ABSTAIN AND I'M SORRY, I I'VE LOST COUNT OF HOW MANY COMMISSIONERS WE HAVE HERE.

UM, MS. ALLIE, DO YOU FEEL A NEED FOR ME TO CALL ROLL ON THAT? OR ARE WE GOOD? WE SHOULD HAVE NINE COMMISSIONERS PRESENT.

LIKE TO GO AHEAD AND MOVE ITEM NUMBER SEVEN TO THE TOP OF OUR LIST FOR CASES TO BE HEARD TONIGHT.

THAT'S NINE.

SO THAT'S EIGHT, AN EIGHT, SO EIGHT IN FAVOR.

SO MOVING ON TO THE AGENDA, WE WILL NOT BE HEARING ITEM NUMBER ONE.

UH, THAT CASE HAS BEEN POLLED.

UH, SO I WOULD

[7. Case Number: CL 2021-002264 Property address: 7207 E. Meadow Bend Drive / Owner: Gerald F. D’Angelo Staff presenter: Alicia Tovar, Austin Code Department Staff recommendation: Repair residential structure]

THREE EIGHT, FIVE, FOUR, SIX ONE EIGHT.

CAN I INTERJECT ONE THING? WHO IS THIS? THE ANGELO.

I'M NOT, I DON'T KNOW WHAT CASE I AM.

UH, MISS ALLIE WAS TRYING TO MOVE ME TO THE NUMBER ONE, BUT I DON'T THINK SHE GOT THAT DONE.

NO, WE, WE JUST DID.

I SIGNED IN, BUT I LOST YOU.

SO I SIGNED IN AGAIN, ANGELO, MR. DANIEL.

OH, THIS IS THE CHAIR.

I JUST MOVED YOU TO THE TOP OF OUR LIST.

SO WE WILL BE HEARING THAT CASE, BUT, UH, YOU NEED TO LET MISS ALLIE, UM, PRESENT THE CASE FIRST AND THEN WE WILL LET YOU GO WHEN IT'S YOUR TURN TO SPEAK.

THANK YOU FOR BEING HERE.

[00:20:01]

ITEM NUMBER SEVEN ON THE AGENDA IS CASE NUMBER CL 2021 ZERO ZERO TWO TWO SIX FOUR.

AND IS REGARDING THE PROPERTY LOCATED AT 72 OH SEVEN EAST METTA VIN DRIVE STAFF EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR GOOGLE DRIVE FOLDER.

THIS CASE IS REGARDING A SINGLE FAMILY RESIDENTIAL PROPERTY WITH MULTIPLE STRUCTURAL CONDITION VIOLATIONS, INCLUDING NO PERMANENT HEAT SUPPLY.

THE RESIDENCE IS CURRENTLY TENANT OCCUPIED AND IS NOT HOMESTEADED.

THE CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS, MARK , AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INTERIM SUPERVISOR.

ALICIA TOVAR IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS IN THIS CASE, MARKED AS EXHIBITS TO AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.

INTERIM SUPERVISOR TOVAR, PLEASE BEGIN YOUR TESTIMONY.

CAN YOU MAKE A MISSIONARY? MY NAME IS ALISHA TOVAR.

I'M AN AUSTIN CALLED INTERIM SUPERVISOR FOR THE DOWNTOWN DISTRICT.

THE CASE I'M PRESENTED BEFORE THIS EVENING IS 72 ZERO SEVEN MEADOWBANK DRIVE ON MAY 27, 2016, OFTEN CALLED RECEIVED A COMPLAINT CONCERNING THE BROKEN GARAGE DOOR AND CHIMNEY WITH NO EXTERIOR PROTECTION.

THE NEUTRAL AND SPECIAL WAS PERFORMED BY ANOTHER AUSTIN CODE INSPECTOR.

THE AUSTIN CODE INSPECTOR ON THAT WAS ALLOWED INSIDE AND PERFORMED THE INTERIOR RPM VIOLATION INSPECTION ON JULY OF JUNE OH SIX, 2016.

A NOTICE OF VIOLATIONS WAS MAILED OUT TO THE REGISTERED OWNER, WAS MAILED OUT VIA REGISTERED MAIL TO THE PIT, TO THE TRAVIS COUNTY PRESENT DISTRICT PROPERTY OWNER, GERALD DAN JOMO ON NOVEMBER 27, 2018.

THE CASE WAS TRANSFERRED TO ME FOR FURTHER INVESTIGATE.

GET JUST THE INVESTIGATION.

I ATTEMPTED TO PERFORM A FOLLOW-UP INSPECTION TO VERIFY COMPLIANCE.

HOWEVER, NO ONE WAS HOME TO PERFORM AN INTERIOR INSPECTION ON FEBRUARY 13, 2019, I PERFORMED A FOLLOW-UP INSPECTION AND NOTED THAT THE PROPERTY IS A SINGLE STORY, WOOD FRAME, RESIDENTIAL STRUCTURE WITH CONCRETE VENEER SIDING.

I NOTED THAT THE GARAGE DOOR, AS WHAT IF THE CHIMNEY STACK REMAINED IN VIOLATION AT THE TIME OF INSPECTION, I WAS ABLE TO MEET WITH THE TENANTS MRS. ACCESS NIGHT.

SHE ALLOWED ME ACCESS INTO HER HOME TO DOCUMENT ANY INTERIOR VIOLATIONS.

THE INTERIOR VIOLATIONS REVEALED THAT THE CEILINGS THROUGHOUT THE HOME WERE WATER DAMAGED, THAT THE SUBFLOORING SUB FLOORING COVERING THROUGHOUT THE STRUCTURE WAS DAMAGED AND MISSING, WHICH CREATED A STREP, EXCUSE ME, CREATED A WALKING HAZARD.

THE SMOKE ALARMS REMAINED AS ONE AS THE GARAGE CEILINGS, WALLS REMAIN CRACK AND DAMAGE AND EXPOSING THE INSTALLATION ON MARCH 14, 2019, AND AN UPDATED NOTICE OF VIOLATION WAS MAILED OUT TO THE TEACUP OWNER, GERALD F ANGELO, WHICH INCLUDED THE NEWLY NOTED INTERIOR VIOLATIONS, UH, MARCH 22ND, 2019.

THE NOTICE OF VIOLATIONS WERE POSTED ON THE PROPERTY.

SUBSEQUENT INSPECTIONS FROM MARCH 19TH THROUGH AUGUST 20TH HAVE REVEALED THAT NO IMPROVEMENTS, NO PERMITTED ACTIVITY HAD OCCURRED ON SEPTEMBER 5TH, 2019.

A NEW NOTICE OF VIOLATION WAS MAILED OUT TO THE TEEKAT PROPERTY OWNERS BECAUSE OF PREVIOUS NOTICE HAD EXPIRED ON SEPTEMBER SIX, 2019.

THE NOTICE OF VIOLATION WAS POSTED ON SITE FOLLOW UP INSPECTIONS FROM MARCH, 2019 THROUGH AUGUST, 2020 REVEALED NO IMPROVEMENTS AFTER REPEATED ATTEMPTS AT CONTACTING THE TENANTS WERE UNSUCCESSFUL.

THEREFORE, NO INTERIOR AND SPECIAL REPORT PERFORMED NOR VERIFICATION OF COMPLIANCE WAS OBTAINED ON AUGUST 14, 20, 20, AND A NOTICE OF VIOLATION WAS MAILED TO THE T CAT OWNER.

MR. DANGELO BECAUSE THE PREVIOUS NOV HAD EXPIRED.

THE NOTICE OF VIOLATION WAS POSTED ON SITES ON AUGUST 15TH, 2020.

I SUBMITTED THE CASE FOR LEGAL REVIEW AND DC CONSIDERATION ON JANUARY 13, 2021, I PERFORMED A FOLLOW-UP INSPECTION AND SPOKE TO THE FIANCE OF THE TENANTS OWNERS.

[00:25:01]

THE TENANTS SPENT.

HOWEVER, SHE DID NOT FEEL COMFORTABLE ALLOWING US ACCESS INTO THE INTERIOR OF THE HOME WITHOUT THE CONSENT OF HER FAMILY, HER FIANCE'S FAMILY.

HE FURTHER EXPLAINED THAT THE FORMER TENANT MRS. AGNES KNIGHT IS CURRENTLY LIVING IN A SENIOR CITIZENS, ASSISTED LIVING APARTMENT.

NEVERTHELESS, HER AND HER FIANCE ARE CURRENTLY LIVING IN THE HOME AND, AND IN THE PROCESS OF REPAIRING AND CLEANING THIS STRUCTURE FOR FUTURE HABITATION, THESE PHOTOS, THE PHOTOGRAPHS ARE TRUE AND ACCURATE DEPICTION OF THE VIOLATIONS AND CONDITIONS.

AT THE TIME OF THE DATES, THE PHOTOS WERE TAKEN THE PHOTOGRAPHS DID EXHIBIT TWO EIGHT, TWO, TWO L ARE PHOTOGRAPHS TAKEN ON MY INITIAL INSPECTION DATE OF MARCH 13, 2019.

PHOTO TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE RESIDENTIAL STRUCTURE, AS WELL AS THE DAMAGED GARAGE DOOR COVERED BY BLUE PART PHOTO TWO B IS A PHOTOGRAPHS OF THE LEFT SIDE OF THE STRUCTURE.

PHOTO TWO SEES A CLOSEUP OF THE CHIMNEY STACK, BUT NO PROTECTIVE COATING TO D IS A PHOTOGRAPH OF THE STRUCTURE AS WELL.

AS YOU CAN SEE THAT THE GARAGE DOOR HAS BEEN REPAIRED WITH THESIS A FIVE BOARD, AND IT'S COVERED BY A TATTOO BLUE TARP WITHOUT I'M SORRY, PHOTOS, TWO E IS A PHOTO OF THE FRONT OF THE FRED AND SORRY IS A PHOTO OF THE FRONT ENTRANCE DOOR.

PLEASE NOTE THAT THE FRONT DOOR HARDWARE IS MISSING.

THEREFORE THERE ARE NO MEANS TO SECURE THE STRUCTURE PHOTOGRAPH TO AFTER THE PHOTOGRAPH WEST, THE PHOTOGRAPHS OF THE DAMAGE ELECTRICAL LIGHT FIXTURE IN THE HALLWAY, AS WHAT, AS YOU CAN SEE THE DAMAGE, THE WATER DAMAGE AND SEPARATION AT THE JOINTS PHOTO TWO G IS A PHOTOGRAPH OF THE NAPA BOAT, SMALL ALARM PHOTOGRAPH TWO H IS A SHOT OF THE INOPERABLE HVAC SYSTEM.

AS WHAT, AS THE FRONT DOOR MISSING, EXPOSING ELECTRICAL WIRING, PHOTOGRAPH TWO, I IT'S A PHOTOGRAPH OF THE DAMAGE AND MISSING LAUREN, WHICH CREATES A TRIP, HAS PHOTOGRAPHS TO JAY AND TO K ARE PHOTOGRAPHS OF THE INTERIOR DAMAGE CEILINGS.

PHOTOGRAPH TWO J IS A DAMAGE AND MISSY SHEET BROKE IN THE REAR BEDROOM, LEAVING THE SEATING, GEORGES AND WIRING EXPOSED.

PHOTOGRAPH TWO K THE PHOTO OF THE DAMAGE STATING GARAGE SEATING.

THE SHEET BROUGHT IS CRACKED AND BROKEN.

A SHADE OF PANELING HAS BEEN PLACED OVER A LARGE HOLE.

THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.

AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS TWO 80 THROUGH TWO K, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY.

PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.

THANK YOU, COORDINATOR ELLIE.

UH, MR. DANGELO, IF YOU COULD BEGIN YOUR, YOUR, UH, SAY BY STATING YOUR NAME FOR THE RECORD, AND YOU HAVE GERALD D ANGELO, YOU MAY PROCEED.

IT'S SEVERAL YEARS, NO RENT, I THINK IN THE NEIGHBORHOOD OF FOUR AND FIVE.

AND THIS MAY NOT BE RELEVANT, BUT I, I WANT TO MAKE A BRIEF STATEMENT AND I WANT MY, MY MAINTENANCE MAN, DUDE, GIVE HIM HIS OUTLOOK ON THIS.

UH, FIRST OF ALL, I HAVE BEEN FACING, UH, INSURANCE AND TAXES ON THAT HOUSE.

AND MISS AGNES KNIGHT HAS NOT PAID ANY RENT IN IN YEARS.

AND I WAS HOPING SHE WOULD KEEP THE HOUSE UP WITH NOT PAYING ANY RENT.

AND I DON'T, I DON'T HAVE THE DATE HERE IN FRONT OF ME, BUT, UH,

[00:30:01]

I'M NOT PARTICULARLY PROUD OF THAT, BUT, UH, UM, THAT'S WHAT HAPPENED.

UH, AND, UH, UH, I KNOW YOU ALL HAVE, UH, YOU'VE GOT, UH, WHAT, UH, I HAVE TO DO, UH, UM, I WAS HOPING FOR A CONTINUANCE SO I CAN, UH, CORRECT ALL OF THIS.

AND, UM, AND, UH, AND I'M NOT LOOKING FOR CYNTHIA AND I KNOW IT'S NOT GONNA MA IT DOESN'T MAKE ANY DIFFERENCE, BUT, UM, UH, I, I JUST GOT OUT OF THE HOSPITAL WITH PNEUMONIA, BUT I'M NOT, I'D LIKE MY MAINTENANCE MAN TO, UH, TELL YOU, HE JUST READ SOME OF THE BROCHURE ON THIS.

I'D LIKE HIM TO TELL YOU WHAT, UH, SOME OF THE THINGS HE THINKS ABOUT THIS.

UH, AND, UH, AND I HAVEN'T SEEN THE HOUSE IN A LONG, LONG TIME.

AND, UH, AND THE PERSON IN THERE IS IN THERE.

HE ILLEGALLY, UH, IF HE'S STILL THERE AND IT'S, IT'S MIDNIGHT SUN AND MS. KNIGHT MOVED OUT WITHOUT, WITHOUT TELLING ME, UH, UH, I'M, I'M GOING TO PUT MY MAINTENANCE MAN ON NOW.

HIS NAME IS ROBERT GOSNELL, ROBERT W OH, MR. GUZMAN.

WERE YOU SWORN IN EARLIER? ALRIGHT, NOW SWEAR ME IN.

YEAH, LET ME GO AHEAD AND DO THAT.

UM, I'M SORRY, I CLOSED THAT WINDOW, BUT I'LL, I'LL FIND IT REAL QUICK.

UH, ACTUALLY, I'M GOING TO, I'M GOING TO READ THE OWES TO YOU, AND IF YOU WOULD JUST LET US KNOW IF YOU AGREE OR NOT.

SO DO 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 SIGNIFY BY SAYING I DO.

I DO.

AND IF YOU COULD READ YOUR ENTIRE NAME OR STATE YOUR ENTIRE NAME FOR THE RECORD, THAT WOULD BE VERY HELPFUL.

I'D BE HOWARD ROBERT.

NOW, THANK YOU.

PLEASE PROCEED.

UH, THE TENANT HAS NOT PAID RENT IN YEARS.

WE WOULDN'T FIX A HOUSE AT THAT HOUSE.

OBVIOUSLY NEEDS, TURNS TO WORK.

WE GET THE TENANT OUT AND SHE KEEPS FALLING.

ALL THESE COUCH ALLOWED YOUR CODE ENFORCEMENT OFFICER TO COME IN THERE AND DO WHATEVER.

SHE USED THIS AS A LEG FOR YEARS NOT TO PAY ANY RENT.

LIKE I SAID, I NEED THAT TENANT OUT THERE TO DO ANY WORK.

WE TOLD HER WE NEEDED TO REMODEL THE HOUSE.

IT DID, WHICH THE LADY FINALLY MOVES OUT.

HER SON WAS LIVING IN DALLAS.

HE DIDN'T LIVE THERE AND HE GOES AND FINDS OUT SHIT.

HIS MOM MOVES OUT.

HE GOES AND MOVES IN THE HOUSE.

JERRY CALLED ME TO GO REMODEL THE HOUSE.

WHEN HE FOUND THE FOUND OUT THE TENANT WAS OUT, I WENT OVER THERE AND THAT'S WHEN I FOUND OUT THE SON WAS THERE.

JERRY GOT A THOUSAND DOLLAR ELECTRIC FINE FROM THAT HOUSE BECAUSE THE SUN TURNED ELECTRIC COLON.

AND HE TRIED TO SAY, THE NEIGHBORS TURNED ELECTRIC ON THE NEIGHBORS.

DIDN'T WAS THE NEIGHBORS GOING TO BENFIT TURNING HIS ELECTRIC ON.

WHEN THE ELECTRIC SAW THE LADY, DID HE PAY YOUR ELECTRIC BILL? THAT'S WHY THE ELECTRIC WAS OFF.

SO I HAD, JERRY'S BEEN PUT IN A SITUATION WHERE WE CAN'T DO NOTHING WITH THE HOUSE AND WE, IT NOW Y'ALL GOT THIS PANDEMIC GOING ON FOR OVER FOR A YEAR.

NOW WE CAN'T, YOU KNOW, Y'ALL SAY NO EVICTIONS.

WHAT ARE WE SUPPOSED TO DO WITH THIS GUY THAT WE CAN'T EVEN GET OUT OF THE HOUSE? THAT'S NOT EVEN ON THE LEASE TO DO ANY WORK TO THIS HOUSE.

HE'S OBVIOUSLY GOT TO GET EVERYTHING OUT OF THERE.

THERE'S JUNK ALL AROUND THE HOUSE, OUTSIDE THE HOUSE I PULLED UP THERE AND HE'S TRYING TO TELL ME, CERTIFIED ELECTRICIAN IS THERE'S NO TRUCK THERE THAT WOULD TELL ME HE'S AN ELECTRICIAN.

NOW THERE'S A BROKE DOWN VAN WITH A HANDICAP STICKER ON IT WITH A FLAT TIRE ON IT.

AND THAT PORSCHE AND DRIVING IN THE DRIVEWAY.

I IMAGINE THE HOUSE STILL SITS.

LIKE I JUST TOLD YOU TODAY.

AND I HAVEN'T BEEN BY THERE SINCE PROBABLY SIX, SEVEN MONTHS AGO.

IT DOES PEOPLE JUST MOVED IN.

THEY'RE NOT ON THE LEASE.

I ASKED HIM TO LEAVE AND HE SAID, WELL, THAT'S MY MOM'S HOUSE.

IF YOU WASN'T ON THE LEASE, YOU WAS NOT THERE.

AND HE JUST MOVED IN.

SO HOW ARE WE SUPPOSED TO DO SOMETHING ABOUT THIS HOUSE? IF WE CAN'T GET THE TENANTS OUT AND I'VE NEVER PAID NO RENT, NOTHING.

AND YOU KNOW, IF Y'ALL GIVE US SOME TIME, WE CAN DO SOMETHING.

[00:35:01]

THANK YOU, MR. DANGELO DO YOU HAVE ANYTHING ELSE TO ADD? UH, I, I'M HOPING YOU CAN GIVE ME A LITTLE TIME TO RESOLVE ALL THIS.

UH, I, I, I WAS MAD.

I HANDLED IT BAD.

UM, BUT, UH, YOU KNOW, THEY COULD HAVE USED SOME OF THAT, UH, $30,000 OF RENT.

THEY SAVED THE HEALTH, THAT HOUSE, WHICH THEY DIDN'T, UH, UH, I CAN'T THINK OF ANYTHING ELSE.

THANK YOU BOTH.

UH, FOR, FOR COMING TONIGHT, UH, WE WILL NOW OPEN THIS UP TO, UH, FELLOW COMMISSIONERS.

IF YOU HAVE QUESTIONS FOR CITY STAFF OR FOR THE PROPERTY OWNER CHAIR, MAY I ASK THAT YOU ADMIT THE EXHIBITS? YES.

UM, I WILL GO AHEAD AND ADMIT THE EXHIBITS.

LET ME PULL THEM UP STAFF.

I WILL ADMIT EXHIBITS STAFF EXHIBITS ONE AND TWO, AND IT WAS TWO A THROUGH.

WHEN I ASKED CITY STAFF WAS THE FIRST COMPLAINT IN 2016.

MR. CARR, I HAVE A QUESTION FOR YOU AND THIS ONE MIGHT NOT BE A FAIR ONE TO ASK YOU RIGHT NOW.

IT'S PROBABLY A BIT OUTSIDE OF OUR PURVIEW WITH THE CITY'S MORATORIUM ON EVICTIONS RIGHT NOW, WOULD THAT APPLY TO SOMEONE WHO IS BASICALLY SQUATTING ON A PROPERTY? NEVER BEEN ON A LEASE, NEVER PAID RENT, BRANDON CARR, ASSISTANT CITY ATTORNEY.

UM, DON'T QUOTE ME ON THIS, BUT I, I DON'T BELIEVE SO.

UH, BECAUSE IT'S THE MORATORIUMS ON PEOPLE WHO REFUSE OR WHO HAVE, WHO ARE NOT ABLE TO PAY RENT.

UM, AND THERE IS AN EXCEPTION FOR PEOPLE THAT POSE A DANGER, UM, THAT YOU WOULD BE ABLE TO CONSIDER DOING AN EVICTION IN THAT CASE.

OTHER QUESTIONS FROM COMMISSIONERS? YES.

THIS IS COMMISSIONER.

YES, PLEASE.

GO AHEAD.

I THINK I HAVE A SIMILAR QUESTION BECAUSE THE ISSUE STARTED AROUND 2016 AND IT SOUNDS LIKE THE OWNERS AND THE MAINTENANCE, UM, UM, PERSON THEY'RE SAYING THAT THE TENANT HAS NOT MADE PAYMENTS ON RENT FOR MAYBE FOUR YEARS.

AND THIS THING STARTED IN 2016.

SO WAS THE ISSUE PRIOR, SORRY.

AND I GUESS MY QUESTION IS WHAT ATTEMPTS WERE MADE TO TRY TO MAKE THOSE FIXES THAT DON'T REQUIRE ENTERING INTO THE HOUSE ITSELF? IS THIS A QUESTION FOR THE PROPERTY OWNER OR FOR CITY STAFF OR THE PROPERTY OWNERS, MR. DANGELO? WELL, I DON'T HAVE AN ANSWER FOR THAT.

UH, UM, OTHER THAN MY OLD AGE AND HEALTH PROBLEMS, UH, AND, UH, YOU KNOW, WE'RE NOT CHARGING HER ANY RENT FOR YEARS.

I THOUGHT SHE'D DO A LITTLE BETTER JOB OF KEEPING THINGS GOING, WHICH SHE DIDN'T SEE SINCE 2015.

DID YOU ALSO MENTION THAT THIS PARTICULAR TENANT WAS PAYING THE PROPERTY TAXES AT SOME POINT? UH, UH, WOULD YOU REPEAT THAT PLEASE? I DIDN'T GET THAT.

DID YOU MENTION EARLIER TONIGHT THAT THE TENANT WAS MAKING PAYMENTS ON THE PROPERTY TAXES AT SOME POINT? NEVER.

[00:40:02]

UM, THIS MIGHT BE A QUESTION FOR MR. CARR, UM, THIS KIND OF INFORMAL UNDERSTANDING THAT THEY SEEM TO THINK THEY HAVE THAT SOMEHOW THE TENANT IS RESPONSIBLE FOR KEEPING UP THE PROPERTY.

UM, IT SEEMS TO ME, THE OWNER OF THE PROPERTY IS RESPONSIBLE FOR THE UPKEEP OF THE PROPERTY LEGALLY, IS THAT CORRECT? AND IT SEEMS PRETTY UNREASONABLE TO THINK OF TENANTS GOING TO REPAIR, MISSING SUB FLOOR AND, YOU KNOW, STRUCTURAL ISSUES LIKE THAT.

AND I'M NOT SURE THAT THAT IS, UM, THAT WE SHOULDN'T EVEN CONSIDER THAT.

I MEAN, IT JUST SEEMS LIKE IT'S THE OWNER'S RESPONSIBILITY.

SO THE, THE ORDER THAT YOU WILL ADOPT, UM, WE'LL LOOK TO ORDER THE OWNER TO, UM, THE OWNER OF THE PROPERTY TO DO THE REPAIRS.

UM, MY UNDERSTANDING OF CODES, PROCESSES THAT THEY GENERALLY CITE THE OWNER CRITIQUE AD AND NOT THE TENANT FOR, UH, WHATEVER NUISANCE OR WHATEVER, UH, REPAIR ISSUES NEED TO BE CORRECT.

I MEAN, IT SEEMS LIKE THEY'RE, THEY'RE PORTRAYING A DISPUTE THEY HAVE WITH THE TENANT, WHICH WOULD BE SOMETHING THAT THEY WOULD TAKE TO JP COURT THAT WOULD BE A SEPARATE KIND OF DISPUTE, NOT RELEVANT TO WHAT WE'RE TALKING ABOUT HERE AND HERE.

WE'RE TALKING ABOUT THE UPKEEP OF THE PROPERTY THAT THEY OWN.

UM, AND THAT THE ISSUES, THE FIRST PHOTOGRAPHS WE SAW WERE FROM 2016 AND THEN WE SAW OTHERS FROM 2019 AND THEN SOME FROM EARLIER THIS MONTH.

SO THIS SEEMS TO BE, UH, YOU KNOW, LONGSTANDING, UH, PROPERTIES THAT'S IN PRETTY SERIOUS DISREPAIR.

UM, I DON'T KNOW IF WE'RE READY FOR EMOTION.

I'D BE HAPPY TO MAKE A MOTION IF WE'RE READY FOR ONE BEFORE YOU MIGHT, BEFORE YOU MAKE A MOTION, COULD I ASK, UH, MR. CARLISLE QUESTION? SURE.

PLEASE GO AHEAD, THOMPSON.

THANK YOU VERY MUCH.

I MADE IT, UM, WOULD THIS NOT GO IF WOULD THIS PERSON, THE SON GO NOT AS A TENANT OR FARMER TENANT OR ANYTHING, BUT AS AN ADVERSE POSSESSOR, IT WOULDN'T BE, UM, IT WOULDN'T BE AN ADVERSE POSSESSION.

ADVERSE POSSESSION USUALLY TAKES YEARS AND YEARS TO, TO ACCOMPLISH.

I MEAN, IT COULD BE, UM, ATTENDING THAT SUFFERANCE.

UH, IT COULD BE A DIFFERENT TYPE OF TENANT STATUS.

UM, I DON'T KNOW IF THAT'S WHAT YOU'RE ASKING.

WELL, ACTUALLY WHAT I WAS THINKING WAS THAT HE WAS TRYING TO PUT HIMSELF IN A POSITION TO GAIN ADVERSE POSSESSION, WHICH OBVIOUSLY YOU AGREE THAT, UM, IT'S A PRETTY MATURE, BUT HE HAD NO RIGHT TO BE THERE, PERIOD.

IT'S NOWHERE AS A TENANT HAD A RIGHT TO BE THERE AT SOME POINT.

I DON'T KNOW.

I GUESS WHAT I'M ASKING IS IF, UH, IF A PERSON IN HIS POSITION SHOULD EVEN QUALIFY UNDER THE, UH, THE LAW THAT REQUIRES FORBEARANCE, THAT'LL BE A DECISION THEY HAVE TO MAKE AT THE JP LEVEL, THE JP COURT VERY WELL.

I HAVE ONE MORE QUESTION FOR THE OWNER FOR MR. DANGELO.

UH, MR. DANGELO, I UNDERSTAND YOU ARE, UM, PROBABLY FRUSTRATED WITH THE CURRENT RESIDENT OF YOUR PROPERTY, WHETHER HE IS THERE LEGITIMATELY OR NOT.

BUT IF HE, IF THE PROPERTY WERE VACANT, HOW MUCH TIME DO YOU NEED TO MAKE ALL OF THE REPAIRS? ROBERT, WHAT DO YOU THINK? I HAVEN'T SEEN ALL THE STAFF, SO I REALLY DON'T KNOW.

I, I HAVEN'T EVER BEEN IN THE HOUSE.

I CAN'T GET IN THERE.

WE CAN, WE COULD DEFINITELY GET YOU, GIVE IT SOME PRIORITY.

AND, UM, HOPEFULLY EVAN INSURANCE CALL.

I AM SURE IT'S THREE MONTHS.

WE'LL WE WILL, UH, DISCUSS IT AS A COMMISSION AND, UM, HOPEFULLY MAKE A MOTION HERE SOON.

SOMEBODY IS TRYING TO CLAIM THE PROPERTY.

WITH THE PROPERTY RIGHT NOW.

RIGHT.

I THINK THAT'S A DISCUSSION FOR A DIFFERENT, UH, DIFFERENT, UH, ARENA.

THAT'S BEYOND OUR PURVIEW FOR THIS COMMISSION.

WE ARE JUST DEALING WITH THE PHYSICAL PROBLEMS

[00:45:01]

THIS IS DE ANGELO.

I PRESUME I'LL RECEIVE MINUTES FROM THE MEETING, RIGHT? I BELIEVE IT'S ALL RECORDED AND YES, THERE WILL BE MINUTES.

AND ANYTHING THE COMMISSION DECIDES TONIGHT WILL ALSO BE MAILED TO YOU.

WE'LL ANNOUNCE IT TONIGHT AND WE WILL MAIL IT TO YOU.

COMMISSIONER MILLER.

I WANTED TO MOVE THAT.

WE ADOPT THE STAFF RECOMMENDATION.

IS THERE A SECOND, SIR? YES.

COMMISSIONER STILL SAID I WOULD LIKE TO SECOND THE MOTION.

STAFF'S RECOMMENDED ORDER.

UH, SO WE HAVE A MOTION ON THE TABLE TO ADAPT.

IS THERE ANY DISCUSSION? THIS IS WORDY.

I HAVE A QUICK THOUGHT OR QUESTION.

UH, DID I MISS, UH, ANY STATEMENT OF WHETHER HE HAS EVER TRIED TO TALK TO A JUSTICE OF THE PEACE ABOUT REMOVING THE YOUNG MAN? YOU DID NOT MISS ANYTHING THERE.

WE DID NOT HEAR ANYTHING.

SO WE CAN ASSUME THAT THAT DID NOT HAPPEN, BUT NOT BE SOMETHING HE MIGHT WANT TO THINK ABOUT.

AT LEAST GIVE IT A SHOT.

I WOULD AGREE.

YOU SHOULD CERTAINLY THINK ABOUT IT AND TRY TO REMOVE THE YOUNG MAN.

PROBABLY THE TECHNICALLY THE PUBLIC HEARING IS STILL OPEN.

IF YOU WOULD LIKE TO ASK THE OWNER DIRECTLY, I WILL LEAVE THAT UP TO YOU.

UH, I THINK HE, DID HE HEAR MY QUESTION? YEAH.

AND I DID NOT TALK TO JUSTICE OF THE PEACE ABOUT IT.

THAT MIGHT BE A GOOD TRIP FOR YOU BECAUSE YOU COULD GET SOME THOUGHTS WITHOUT PAYING ANY MONEY.

I DIDN'T THINK THEY'D DO IT WITHOUT MONEY.

WELL, THANK YOU.

MIGHT HAVE A GOOD CHANCE.

THEY RUN FOR OFFICE.

THANK YOU, UH, OF COMMISSIONERS.

ANY FURTHER DISCUSSION ON THE MOTION THAT IS IN FRONT OF US? NO.

I'LL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDERS, SAY AYE, AND PERHAPS WAVE YOUR HAND.

HI.

IS ANYONE OPPOSED? AND DID ANYONE ABSTAIN? OKAY.

IT APPEARS TO BE UNANIMOUS AND THAT IS, LET ME DO A QUICK COUNT OF HOW MANY COMMISSIONERS WE HAVE RIGHT NOW.

UH, YEAH, I'M COUNTING ALL 10 COMMISSIONERS.

UH, THANK YOU.

SO MR. DANGELO, WE HAVE ADOPTED STAFF'S RECOMMENDED ORDER, WHICH IS THAT ALL REPAIRS NEED TO BE MADE WITHIN 45 DAYS.

UM, DO YOU HEARD OUR OTHER RECOMMENDATIONS AS WELL THAT YOU PROBABLY WANT TO REACH OUT TO A JUSTICE OF THE PEACE? WE CANNOT ORDER THAT.

OF COURSE THAT'S ENTIRELY UP TO YOU AND A COPY OF THIS ORDER WILL BE MAILED TO YOU AS WELL.

THANK YOU FOR, FOR BEING WITH US TONIGHT AND TELLING YOUR SIDE OF THE STORY.

HELLO? MA'AM MA'AM YES, NO, WE CAN LOOK, UH, WE STILL GOT TO GO THROUGH THE PROCESS AND GET THAT GUY OUT OF THERE AND DIDN'T DO ANY WORK TO THIS PRICE THAT HE LIKES TO CODE ENFORCEMENT IN THE JESUIT.

WHEN YOU SEE WHAT I'M SAYING, SIR, I UNDERSTAND YOUR PREDICAMENT.

AND, UM, BUT THE, UH, THE ORDER HAS BEEN ISSUED.

IT, IT IS FINE.

YOU CAN COME BACK TO SEE US AT A LATER DATE TO DISCUSS IT FURTHER IF YOU WOULD LIKE, BUT IT IS, IT HAS BEEN ORDERED.

AND, UH, WE, WE WOULD REALLY LIKE TO SEE SOME PROGRESS MADE ON THIS, ON THIS PROPERTY.

YOU WANT TO CONSIDER JUMPING AHEAD TO ITEM NUMBER THREE? I THINK THAT THAT'S WHAT I WAS JUST ABOUT TO SUGGEST THAT MYSELF, SO I THINK THAT'S GOOD.

THANK YOU FOR YOUR TIME.

SO NOW WE WILL GO BACK TO ITEM NUMBER TWO ON THE AGENDA, AND I WILL RECUSE MYSELF FROM THIS CASE.

UM, SO VICE-CHAIR ALVEOLI.

ARE YOU STILL WITH US? PABLO? ARE YOU STILL WITH US? IT ACTUALLY APPEARS HE HAS STUFFED AWAY.

UM, LET ME GIVE HIM JUST A MINUTE.

HMM.

MISS ALLY.

DO, DO

[3. 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. Case was continued from December 9, 2020 meeting.]

[00:50:01]

LET'S GO AHEAD AND DO THAT.

AND, UM, WHEN VICE-CHAIR ABILA COMES BACK, WE WILL HEAR ITEM NUMBER TWO.

SO GOING AHEAD TO ITEM NUMBER THREE, UH, PLEASE GO AHEAD.

MISS SALLY.

NEXT ON THE AGENDA ITEM.

NUMBER THREE IS REGARDING THE PROPERTY LOCATED AT ONE, TWO ONE ZERO ZERO MUSTANG.

CHASE.

THE CASE NUMBER IS CL 2019 ZERO THREE FIVE EIGHT FIVE SIX.

AND IS RE, IS THE OLIVE GREEN BOOK IN YOUR GOOGLE DRIVE FOLDER? THIS CASE IS ABOUT AN ABANDONED SINGLE FAMILY RESIDENCE WITH A POOL IN MARCH, 2019.

THE BSE ISSUED AN ORDER FOR REPAIR OF THE PRIMARY STRUCTURE, AS WELL AS MAINTENANCE OF THE POOL AND RUBBISH REMOVAL.

THIS BSE ORDER REMAINS IN EFFECT AND IS APPROVING PENALTIES BECAUSE NO REPAIRS HAVE BEEN MADE TO DATE.

WE ARE BRINGING THE CASE BACK BEFORE THE COMMISSION TO REQUEST DEMOLITION OF THE SWIMMING POOL.

THE CONDITIONS OF WHICH ARE CONSIDERED SUBSTANDARD AND DANGEROUS.

CURRENT PENALTIES ACCRUED AS OF TODAY'S DATE PER THE EXISTING ORDER, TOTAL $21,714 AND 29 CENTS.

A COPY OF THE PENALTY STATEMENT IS INCLUDED IN EXHIBIT THREE.

AND PLEASE NOTE PENALTIES ACCRUED DO NOT INCLUDE ADDITIONAL COSTS, INCURRED FOR PROPERTY ABATEMENT AND FENCING, WHICH ARE CURRENTLY OVER $13,000.

UM, IN YOUR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A GOOGLE MAP, SHOWING AN AERIAL VIEW OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING FOR TONIGHT'S MEETING AND POSTINGS.

A COPY OF THE BSC ORDER ISSUED MARCH 27TH, 2019, AND A CURRENT PENALTY STATEMENT.

SORRY, PAIGE HAS GOT THEM MIXED UP.

GOOD EVENING COMMISSIONERS.

UM, OKAY.

OH, EXHIBIT FOUR, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED FOUR, EIGHT AND FOUR H AND LASTLY CODES RECOMMENDED ORDER CODE INSPECTOR FAIR PRESLEY IS ASSIGNED TO THE CASE.

INSPECTOR PRESLEY WILL NOW PRESENT THE PHOTOGRAPHS MARKED FOUR A THROUGH FOUR H AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.

MY NAME IS MIRA PRESLEY.

I'M GONNA HAVE REGISTERED FOR THE COURSE OF AN OFFICER IN THE CITY OF BOSTON.

I AM ASSIGNED TO THIS CASE.

PROPERTY HAS BEEN VACANT FOR AT LEAST 10 YEARS.

THIS CASE HAS BEEN AN ONGOING ISSUE FOR THE CODE DEPARTMENT.

THIS CASE WITH THE BSC ON MARCH 27TH OF 2020, SINCE THE BSE ORDER METHOD, IT HAS BEEN I'M WRONG ON THAT DATE, MARCH 27TH, 2019.

SORRY ABOUT THAT.

THIS IS THE BSE ORDER.

NOTHING HAS BEEN DONE TO COMPLY WITH THE ORDER PROPERTY.

CAN WE FLIP YOUR MIC DOWN? WE CAN'T HEAR YOU.

OH, I'M SORRY.

UM, UH, DO YOU WANT ME TO START OVER? CAN YOU HEAR ME NOW, PLEASE START OVER.

GOOD EVENING COMMISSIONERS.

SORRY ABOUT THAT.

MY NAME IS FARAH PRESLEY.

I'M A REGISTERED CODE ENFORCEMENT OFFICER FOR THE CITY OF BOSTON.

AND I'M ASSIGNED TO THIS CASE.

THIS PROPERTY HAS BEEN VACANT FOR AT LEAST 10 YEARS.

THE CASE HAS BEEN ONGOING ISSUE FOR THE CODE DEPARTMENT SINCE 2015.

THIS CASE WENT TO BSC ON MARCH 27TH OF 2019.

SINCE THE BSE ORDER, NOTHING HAS BEEN DONE TO COMPLY.

THIS PROPERTY HAS HAD TO BE MAINTAINED BY THE CITY.

EIGHT ABATEMENTS SO FAR HAVE BEEN DONE FOR MOWING AND REMOVING THE STAGNANT WATER FROM THE POOL.

THE PROPERTY HAS ALSO BEEN FENCED FOR THE CITY CONTRACT SERVICE TO PREVENT ENTRY TO THE BACKYARD.

THIS WAS DUE TO THE POOL, NOT BEING SECURED SINCE EXISTING WOOD FENCES DETERIORATED AND FALLEN IN ONE SECTION THAT COULD BE USED TO ACCESS THE POOL TO DATE.

THE CITY HAS SPENT OVER $12,000 ON ABATEMENTS AND APPROXIMATELY $800 ON DEFENSE RENTALS.

THE PROPERTY OWNER HAS NOT BEEN IN COMMUNICATION WITH CODE AT ALL.

DURING THIS PROCESS, NUMEROUS AVENUES HAVE BEEN TRIED TO COMMUNICATE WITH THE OWNER.

THE NEIGHBORS AND COMMUNITY ARE MOST CONCERNED WITH THE POOL AND THE ISSUES THAT CAN CAUSE.

AND THE FOLLOWING PHOTOS, I WOULD DISCUSS THE VIOLATIONS AT THE PROPERTY.

CAN WE PLEASE GET A PHOTO OF FORAY? UH, FORAY IS GOING TO SHOW YOU THE FRONT CONTEXTUAL VIEW OF THE PROPERTY.

NEXT PHOTO PLEASE SHOWS, UH, THE BACKYARD ON THE LEFT SIDE OF THE POOL.

IT ALSO SHOWS THE BAMBOO KIND OF TAKEN OVER THE BACKYARD.

UH, NEXT PHOTO, UH, FOUR C SHOWS ANOTHER VIEW OF THE BACKYARD AND THE POOL ON THE MIDDLE PART OF THE POOL.

IT'S A PRETTY BIG POLL, UM, SHOW NEXT PHOTO

[00:55:03]

FOUR D SHOWS THE DEEP INTO THE POOL AND THE BAMBOO THAT IS NEXT TO THE POOL.

IT LOOKS LIKE, UM, WHAT THIS, THIS IS WHAT THE POOL LOOKS LIKE BEFORE I DO MY ABATEMENTS FOUR.

IT SHOWS KIND OF THE EXTENSION OF THE POOL ON THE SIDE OF HOW MUCH WE WOULD HAVE TO REMOVE.

NEXT PHOTO SHOWS THE DEEP INTO THE POOL AND THE WATER THAT STAND AT ATTRACTIVE MOSQUITOES BEFORE IT WAS REMOVED.

THIS IS THE HIGHEST THE WATER LEVEL DOES GET BEFORE I USUALLY DO A CUT LIST AND THIS IS ABOUT A MONTH AND A HALF OF WATER BUILT UP IN THE POOL.

UM, RIGHT NOW IT'S ABOUT AN AVERAGE REVERT EVERY MONTH AND A HALF THAT I HAVE TO GET THIS DONE.

NEXT PHOTO 4G.

IT SHOWS THE SIDE YARD FENCING THAT'S DETERIORATED AND HAS AN OPEN ENTRANCE TO THE POLLS.

THE CITY PUT UP THE FENCE INTO PREVENT ENTRY TO THE POOL.

AND THE VERY LAST PHOTO SHOWS A CLOSER UP VIEW.

IF YOU LOOK NEXT TO THE BOAT, THAT'S ACTUALLY WHERE THE POOL IS.

YOU CAN ACTUALLY SEE THE POOL FROM THE ACTUAL FENCE LINE, WHICH IS WHY WE PUT IT UP.

THIS CONCLUDES MY PRESENTATION, AND I CAN ANSWER ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.

AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS FURNITURE TO BE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD IN DANGEROUS STAFF, ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THROUGH FOUR H STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER OR OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

THEY DEMOLISHED THE SWIMMING POOL AND ANY DECKING ASSOCIATED WITH THE POOL AND REMOVE AS DEBRIS LEAVING THE POOL AREA, CLEAN AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER THE SWIMMING POOL AND ANY DECKING ASSOCIATED WITH THE POOL, INCLUDING ANY ITEMS IN AND AROUND THE POOL AS DEBRIS AND DISPOSE OF AS SUCH AND BE PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.

ELAINE, FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTEREST SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THANK YOU COORDINATOR, ALLIE.

UH, I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND FOUR, A THROUGH FOUR H COMMISSIONERS QUESTIONS.

COMMISSIONER MILLER.

AND I MAKE A MOTION ON THIS ONE.

UM, I'D LIKE TO MAKE A MOTION THAT WE ADOPT THE STAFF'S RECOMMENDATION.

ANY ONE SECOND, SECOND MISSIONARY.

THOSE STUDS SECONDED.

DID SOMEONE ELSE? SECOND ALSO SOUNDED LIKE WORDY COMMISSIONER.

BERCENIO OKAY.

ACTUALLY I HEARD YOU BEFORE I SAW COMMISSIONER STILL DAD'S HAND.

SO JAMES WAS SANYO SECOND.

ANY DISCUSSION? YOU SAID THERE WAS NO WITNESSES.

OH, I'M SORRY.

UM, TWO B, LET ME CONFIRM THAT WITH COORDINATOR ALLI, THERE ARE, THERE WAS NO ONE HERE FROM THE PROPERTY.

IS THAT CORRECT? WE DID NOT HAVE ANY SPEAKERS SIGN UP AND WE'VE HAD NO CONTACT WITH THE OWNER.

THIS IS WORDY AND I WOULD CALL THE QUESTION.

WOULD LIKE TO BACKTRACK THEN TO ITEM NUMBER TWO ON THE AGENDA.

COMMISSIONER THOMPSON.

UH, ALL IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER, PLEASE SAY AYE, AND WAVE YOUR HAND.

AYE.

IS ANYONE OPPOSED? AND HAS ANYONE ABSTAINED? OKAY.

WE ARE UNANIMOUS.

ALL 10 COMMISSIONERS PRESENT ARE IN FAVOR AND, UM, I

[2. 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 at the October 28, 2020 meeting. Case was continued from December 9, 2020 meeting]

IF, UH, COMMISSIONER ABILA, IF YOU ARE WILLING TO TAKE OVER THIS

[01:00:01]

WOULD YOU LIKE TO MOVE ON TO NINE OH SEVEN, 909 AND NINE 11 CONGRESS? UH, COMMISSIONER.

ABILA CURIOUS.

UM, COMMISSIONER ABDULLAH, IF YOU ARE SO WILLING, WE'D LIKE TO HEAR ITEM NUMBER TWO ON THE AGENDA, BUT I NEED TO RECUSE MYSELF ON THIS ONE.

DO YOU NEED A MINUTE? PABLO YOU'RE.

ARE YOU ABLE TO UNMUTE YOURSELF AND TALK TO US? YOU'RE STILL MUTED.

THERE WE GO.

THE STRUCTURE OF METAL BEAMS TO MAKE THE HOUSE SAFELY ACCESSIBLE, TO REMOVE ASBESTOS.

ARE YOU, ARE YOU WILLING AND ABLE TO TAKE OVER FOR ITEM NUMBER TWO ON THE AGENDA? YES.

ITEM NUMBER TWO IS REGARDING 24 11 LONG VIEW STREET.

THE CASE NUMBER IS CL 2020 ZERO ONE SEVEN EIGHT TWO THREE.

AND IS THE ORANGE BOOK IN YOUR GOOGLE DRIVE FOLDER? AS YOU MAY RECALL, THIS IS A RETURNING CASE ABOUT A VACANT COMMERCIAL ROOMING AND BOARDING HOUSE WITH SUBSTANDARD CONDITIONS, WHICH REQUIRES REPAIRED.

THE PROPERTY IS BEING HEARD TONIGHT FOR THE FOURTH TIME.

IN THE PAST YEAR, LET'S REVIEW SOME FACTS IN FEBRUARY, 2020 OR REPAIR ORDER WAS ISSUED TO THE, TO THE THEN OWNER T CAT OWNER PIKE, APPA PROPERTIES, INC.

THE PROPERTY WAS NOT REPRESENTED AT THE HEARING.

SOON AFTER THAT MEETING, WE LEARNED THAT THE PROPERTY HAD VERY RECENTLY TRANSFERRED OWNERSHIP AND THE BSE ORDER WAS MAILED TO THE NEW OWNERS HOES BARK, INC HOES BARK, LLC.

IN SEPTEMBER, 2020, THE COMMISSION AGREED TO HOST BARK LLL C'S REQUEST TO RE-HEAT REHEAR THE HERE THE CASE TO REHEAR THE CASE AT THE SEPTEMBER MEETING, NO CASES HEARD DUE TO AN AUDIO ISSUE IN OCTOBER, 2020, THIS CASE WAS HEARD AND A NEW ORDER WAS ISSUED, WHICH REQUIRED ONE THAT THE FEBRUARY BSE ORDER BE VACATED TO THAT $27,428 AND 57 CENTS IN PENALTIES ACCRUED PER THE FEBRUARY, 2020 BSC ORDER BE WAIVED THREE THAT THE HEARING BE CONTINUED TO DECEMBER SO THAT A, THE NEW OWNERS COULD ADDRESS THE ALLEGED VIOLATIONS AND BE BRING A DETAILED COMPLIANCE PLAN TO THE MEETING TO INCLUDE COMPLIANCE AND PERMIT STATUS.

IN DECEMBER, 2020, THE CASE WAS HEARD.

HOWEVER, THE COMPLIANCE PLAN COMPLETED PRESENTED WAS NOT COMPLETE A MOTION TO ISSUE A NEW ORDER FAILED.

AND THE CASE WAS CONTINUED TO JANUARY.

IT IS NOW JANUARY, 2021.

THE CASE IS BACK BEFORE THE COMMISSION FOR THE FOURTH TIME IN A YEAR.

AND THE PROPERTY REMAINS IN VIOLATION WITH NO ORDER IN PLACE.

THE STRUCTURE IS CONSIDERED UNSAFE AND DANGEROUS.

THE PROPERTY HAS RECENTLY TRANSFERRED OWNERSHIP AGAIN FOR THE THIRD TIME AND REPRESENTATIVES OF THE NEW OWNER, 24 11 LONG VIEW, AUSTIN LLC ARE HERE TONIGHT TO REPRESENT THE PROPERTY IN YOUR GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH SIX, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT SEVEN, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING ARE REQUIRED.

POSTINGS EXHIBIT H, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED EIGHT, EIGHT THROUGH EIGHT E AND LASTLY CODES RECOMMENDED ORDER CODE INSPECTOR FAIRER PRESLEY IS HERE TO PRESENT PHOTOGRAPHS MARKED AS EXHIBITS EIGHT, EIGHT THROUGH EIGHT E AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING.

COMMISSIONERS NAME IS FARAH PRESLEY AND I'M A REGISTERED CODE ENFORCEMENT OFFICER WITH THE CITY OF BOSTON.

NOW I'M ASSIGNED TO THIS CASE, THIS IS A MULTI-FAMILY STRUCTURE THAT CURRENTLY VACANT.

THIS WAS THE LICENSE FRATERNITY WITH THE CITY OF AUSTIN.

THIS CASE HAS BEEN THE BSC, UH, BEGINNING IN THE FEBRUARY OF 2020.

UM, THE BSC WAS BOUGHT BY A NEW OWNER AND DUE TO THAT, WHICH IF THIS CASE BACK IN DECEMBER OF 2020, THE COMMISSION, UH, MOTION FAILED ON NOT ENOUGH VOTES.

SO IT WAS RESET FOR JANUARY OF 2021.

THIS PROPERTY WAS SOLD TO ANOTHER OWNER IN LATE DECEMBER OF 2020, BUT THE NEW OWNER KNEW OF THE BAC ORDER AND THE ISSUES REGARDING THE CODE VIOLATIONS.

THE NEW OWNER WAS PRESENT DURING THE LAST BSC.

AND SO HE KNEW THE ISSUES TO FIX.

HE HIRED A STRUCTURAL ENGINEER AND HAS FOLLOWED HIS RECOMMENDATIONS TO REINFORCE

[01:05:01]

THEY HAVE HAD HER PLAN REVIEW FOR DEMO APPROVED AS OF ONE, 19 OF 2021.

AND THE BP TO DEMO IS CURRENTLY PENDING SINCE ONE 28, 2021, WAITING FOR PAYMENT AFTER TALK, AFTER TALKING THE REPRESENTATIVE FOR THIS PROPERTY, HE INFORMED ME THAT THEY PLANNED A DEMO AS SOON AS POSSIBLE.

AND THE FOLLOWING PHOTOS, I WILL DISCUSS THE VIOLATIONS OF THE PROPERTY.

CAN WE GO TO THE PHOTOS? IT SHOWS THE FRONT CONTEXTUAL VIEW OF THE PROPERTY.

AS YOU CAN SEE, THE SILK FENCING IS STILL UP.

THIS FENCE IS LOCKED AND YOU CANNOT GET THROUGH THE SILK FENCING.

AND IT IS OVER SIX FEET TALL.

THE SILK FENCING HAS BEEN GRAFFITIED IN SEVERAL AREAS.

UH, NEXT PHOTO, UM, EIGHT BEACH AS A SIDE VIEW OF THE SCAFFOLDING AND METAL BEAMS THAT HAVE BEEN ERECTED TO HELP WITH THE STRUCTURE BEING SAFE AND TO STOP THE PROGRESSION OF THE STRUCTURE SUBSIDING DOWN THE HILL.

UH, NEXT PHOTO EIGHT C SHOWS A CLOSER VIEW OF THE BEAMS AND SCAFFOLDING THAT HAD BEEN PLACED PER THE STRUCTURAL ENGINEERS RECOMMENDATIONS.

EIGHT D UM, SHOWS THE BACK OF THE PROPERTY IS SO FENCING HAS BEEN TAGGED WITH GRAFFITI.

THE FENCE IS OPEN, BUT DUE TO WORKERS BEING ONSITE, REMOVING ASBESTOS FROM THE STRUCTURE EIGHT E UM, SHOWS THE COLLAPSE RETAINING WALL ON THE LEFT SIDE OF THE STAIRS TO GET INTO THE STRUCTURE.

IT ALSO SHOWS THEY HAVE PLACED THE SCAFFOLDING OF METAL BEAMS ALL THE WAY ACROSS THE FRONT OF THE STRUCTURE.

THIS CONCLUDES MY PRESENTATION AND I CAN ANSWER ANY QUESTIONS.

EXHIBITS, UH, UH, EIGHT, EIGHT TO 80 WILL BE UP, WILL BE ADMITTED AND, UM, RECOMMENDED ORDER, UH, RE RECOMMENDED ORDER UP VICE-CHAIR RAVI LAW.

WE ALSO HAVE EXHIBIT ONE ARE SEVEN EXHIBIT SEVEN AND EIGHT, CORRECT? UH, EXHIBIT SEVEN TO GO SWIMMING WITH IT.

OKAY, THANK YOU.

OH, UH, LET ME READ THEM BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT SEVEN, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS EIGHT, EIGHT THROUGH EIGHT E STAFF ALSO REQUESTS THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRED THE OWNER OR OWNER'S REPRESENTATIVE COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL PERMIT NECESSARY.

PERMITS B REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE, TO REQUIRE THAT THE COMMERCIAL STRUCTURE REMAINED VACATED BOARDED INSECURE UNTIL ALL REPAIRS ARE COMPLETE.

AND THREE ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS THE CIVIL PENALTY OF $2,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL 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 VICE CHAIR.

AND I'VE BEEN THINKING THAT WE HAVE, UH, OWNER REPRESENTATIVE GILMORE.

HEY, HAVE YOU BEEN SWEATING? YES, I HAVE.

HEY, SO, UH, GO AHEAD AND MAKE YOUR PRESENTATION.

IF YOU HAVE ANY EXHIBITS THAT YOU WANT TO PRESENT IN VIETNAM, UH, MS. WOKE UP.

UM, MY NAME FOR THE RECORD IS HENRY GILMORE.

I'M AN ATTORNEY REPRESENTING THE NEW OWNER.

DRK 24 11 VIEW AUSTIN LLC.

UM, AND AS FARRAH HAS MENTIONED, A LOT OF HAPPENED SINCE YOUR LAST MEETING.

UM, ONE, THE PROPERTY CHANGED HANDS TO THE NEW OWNER ON DECEMBER THE 22ND.

UM, SECONDLY, THE, UM, TEMPORARY SHORING WORK WAS COMPLETED SHORTLY AFTER YOUR LAST MEETING.

THIRDLY, THE NEW OWNER HIRED, UM, AND AS BESTEST REMOVAL AND DEMOLITION CONTRACTOR FOURTHLY, THE ASBESTOS HAS BEEN REMOVED SITH.

UM, THE DEMOLITION BUILDING PERMIT WAS APPLIED FOR, WITH THE CITY OF AUSTIN.

AND THEN WE GOT NOTICED YESTERDAY THAT THE DEMOLITION BUILDING PERMIT HAS BEEN APPROVED FOR RELEASE.

UH, SO WE ARE, UM, TAKING ALL STEPS TO MOVE TOWARD DEMOLITION

[01:10:01]

OF THE BUILDING.

NEEDLESS TO SAY, THE HIGHEST AND BEST USE OF THIS PROPERTY IS NOT A FRATERNITY HOUSE.

IT'S GOING TO BE A HIGH QUALITY APARTMENT PROJECT THAT WILL SERVE PRIMARILY STUDENTS ATTENDING THE UNIVERSITY OF TEXAS.

UM, WE, AS PARA HAD MENTIONED, WE HAVE BEEN FOLLOWING THE PROCESS EVEN PRIOR TO THE PROPERTY CHANGING HANDS.

SO WE WERE AWARE OF SOME OF THE ISSUES.

UM, WE THANK THE PREVIOUS OWNER FOR ALL OF THE ASSISTANCE THAT THEY'VE GIVEN US IN, IN GETTING TO THIS POINT.

UM, WE'RE EXCITED ABOUT THIS PROJECT AT WORKSPOT DECIDED ABOUT BRINGING A NEW APARTMENT PROJECT ON THE SITE.

OUR PREFERENCES WITH RESPECT TO THE PROPOSED ORDER IS BECAUSE WE KNOW WE'RE NOT GOING TO REPAIR THIS STRUCTURE.

WE'RE GOING TO BUILD A NEW APARTMENT PROJECT.

OUR PREFERENCE WOULD BE THAT THE COMMISSION GO AHEAD AND ISSUE A DEMOLITION ORDER, UM, GIVING US 90 OR EVEN 120 DAYS TO COMPLETE THE PROCESS.

WE DON'T THINK IT'LL TAKE THAT LONG.

UM, THE ONLY HOLDUP THAT WE HAVE SO FAR IS THAT WE STILL NEED TEXAS GAS TO GET PERMISSION FROM THE CITY OF AUSTIN TO COME TO THE SITE THAT, UH, TURN OFF THE UTILITY AND BRING THE UTILITIES BACK TO THE PROPERTY LINE, WHICH WE NEED TO DO BEFORE WE CAN ACTUALLY START DEMOLITION.

UM, WE, UH, APPRECIATE THE COMMISSION'S PATIENCE WITH THIS PROCESS.

UM, BUT WE FEEL LIKE WE'VE MADE SIGNIFICANT PROGRESS SINCE THE LAST MEETING.

UH, WE'RE ON THE VERGE OF, UM, STARTING THE DEMOLITION PROCESS.

AND SO WITH THAT, UM, I'LL BE GLAD TO ANSWER ANY QUESTIONS THE COMMISSION HAS.

WE ALSO HAVE A REPRESENTATIVE OF THE OWNER ON THE LINE, MR. QUAN FUNDS AND A REPRESENTATIVE OF THE PREVIOUS OWNER, MR. JACOBS, KIM, SHOULD YOU HAVE QUESTIONS, PORTIONS OF THE, UH, REPRESENTATIVE AND DEPARTMENT? UM, I DO.

SO THIS IS COMMISSIONER MUELLER.

MY QUESTION IS WHY DO YOU NEED 90 TO 120 DAYS TO GET THE DEMOLITION DONE? OKAY, WELL, WE DON'T KNOW IF IT'LL TAKE THAT LONG, BUT, UM, SOME OF THE THINGS ARE BEYOND OUR CONTROL.

LIKE GETTING THE UTILITIES TURNED OFF, WE'RE STILL WAITING FOR TEXAS GAS TO WHICH MY UNDERSTANDING IS THEY ACTUALLY HAVE TO RECEIVE PERMISSION FROM THE CITY OF AUSTIN.

WE THINK THAT'LL TAKE AT LEAST TWO WEEKS, MAYBE A LITTLE BIT LONGER, BUT WE CAN'T START DEMOLITION UNTIL THAT.

UM, THERE ARE SOME NUMBER OF TREES ON THE SIDE THAT WE'RE GOING TO HAVE TO BE CAREFUL WITH WHEN THE DEMOLITION IS ACTUALLY UNDERTAKEN.

UH, WE WOULD APPRECIATE THE COMMISSION'S INDULGENCE IF WE COULD HAVE UP TO 90 DAYS TO COMPLETE THE DEMOLITION.

UM, WE DON'T THINK IT'LL TAKE THAT LONG, BUT WE'D RATHER BE, WE'D RATHER HAVE THE TIME, BUT HAVE TO COME BACK TO THE COMMISSION ON THAT FOR ANOTHER TIME YOU FEEL COMPETENT, YOU COULD BEGIN THE DEMOLITION IN 45 DAYS.

IS VERY QUICK, WHICH ONLY TAKES ABOUT A WEEK OR SO TO COUNT ON CONTACTING THEM TO FINISH.

SURE.

ANY OTHER QUESTIONS, UM, DID YOU SAY TO THE OWNERS REPRESENTATIVES TO THE NEW OWNERS AND, UH, THE OLD OWNERS, THIS IS JASON ARSENIO COMMISSIONER FIRST DANIEL, UM, ARE PRESENT.

I'D LIKE TO HEAR WHAT THEY HAD TO SAY.

HI PIECE IS QUITE SILENT.

UH, UM, THE, UH, UH, UH, THE MANAGER, UH, PRK TWO, FOUR 11 .

AND, UH, I APPRECIATE THE, UM, YEAH, HEARING TODAY.

AND, UH, SINCE WE HAVE ACQUIRED A PROPERTY ON DECEMBER AND DECEMBER, WE TOGETHER WITH OW OWNER TRY EVERY POSSIBLE WAY TO, UH, TO RATIFY THE CONDITIONS AND THEN TO RESOLVE ALL THE ISSUES.

OUR OBJECTIVE IS TO TEAR DOWN THE WHOLE BUILDINGS, DEMOLISHED THE WHOLE BUILDINGS AND, UH, TO HAVE THE NEW PERMIT, TO BUILD, UH, MULTI, UH, STORIES, UM, UH, UM, UH, APARTMENTS FOR THE STUDENTS AND, UH, WITH, UH, YOU KNOW, UH, WITH GOOD QUALITY BUILDINGS.

AND I THINK WE HAVE SUCCESSFULLY DISCONNECT THE ELECTRICITY, WHICH

[01:15:01]

AND WE HAVE HIGHER, YOU KNOW, THE, THE, UH, ASPECT OF, UH, PAYMENT HAS ALL BEEN DONE AND THE SHORELING HAS BEEN DONE.

WE ARE JUST WAITING FOR THE GAS COMPANY TO DISCONNECT THE GAS BACK TO THE POLE.

AND, UH, AND, UH, AND THAT BEFORE WE CAN START A DEMOLITION, CAN WE APPLY FOR THE DEMO FOR THE GUESTS IN SEPTEMBER, DECEMBER, I BELIEVE.

AND ORIGINALLY THEY SAY ONLY IT TAKES FOUR TO SIX WEEKS TO COME TO DO THE JOB.

AND RIGHT NOW YOU TAKE, YOU SAY, SO WILL BE ANOTHER FEW WEEKS.

AND I WAS TOLD BY THE, UH, DEMOLITION, UH, COMPANY AND ALSO OUR CONSULTANT AND TERRACOTTA, AND THEY SAID NORMALLY WOULD TAKE THREE MONTHS OR EVEN LONGER FOR THEM TO DISCONNECT DUE TO MANY REASONS, WHICH, YOU KNOW, WE DO NOT KNOW MAYBE BECAUSE SHORT OF THE PEOPLE OR MAYBE WAITING FOR THE STUDIO AUSTIN'S, UH, PERMITS OR PERMISSION FOR THEM TO DO THAT.

AND SO WITHOUT DISCONNECTING GUESTS, THERE'S NO WAY WE CAN DEMOLISH A BUILDING BECAUSE THAT WILL CREATE MORE, YOU KNOW, DANGER AND HAZARD TO THE RESIDENTS' SURROUNDINGS.

SO, UM, I THINK THE ONLY THING HOLDING, UH, HOLDING UP OR ONLY TWO THINGS HOLDING UP ONE IS THE MAJOR ISSUE IS THE GAS COMPANY.

AND WHETHER THEY WOULD DISCONNECT THEM AS SOON AS THEY CAN, OR WITHIN THE TIMEFRAME OF 45 DAYS.

THE SECOND, UH, THE SECOND ISSUE WOULD BE THE TREES.

I THINK THE TREES WOULD BE SECONDARY.

I THINK WE, WE, WE SHOULD BE ABLE TO RESOLVE IT AND, AND, UH, YOU KNOW, UH, YOU KNOW, IN THE PROPER WAY BY THE GUESTS COMPANIES REALLY BEYOND OUR CONTROL, WE'VE BEEN RATING.

AND THEN THE OWNERS BE CHASING THE GAS COMPANY.

BUT SO FAR WE HAVE HEARD MIXED, UH, A RESPONSE.

SO WE DON'T KNOW WHEN ACTUALLY THEY CAN COME OR THEY WELCOME TO DISCONNECT THE GAS.

SO, UH, JACOB, DO YOU HAVE ANYTHING TO ADD? THANK YOU, COMMISSIONERS.

ANY OTHER QUESTIONS? I BELIEVE THAT THE, A REQUEST BY THE PROPERTY OWNER REPRESENTATIVE 90 DAY DEMOLITION ORDER, EASY WISHING WILL REQUEST.

I WOULD ASK ANY COMMISSIONER TO MAKE THE MOTION.

I DID HAVE ONE QUESTION.

UH, ONE MORE QUESTION.

THIS IS A COMMISSION BERCENIO AGAIN.

UM, AND THIS MAY HAVE BEEN ANSWERED ALREADY.

UM, IF, UH, IF WE, UH, THE REQUEST THAT YOU REQUESTING IS GRANTED, UM, HOW LONG BEFORE THE DEMOLITION, HOW LONG WILL IT TAKE THE PROCESS FOR YOUR DEMOLITION OF THIS PROPERTY REPRESENTATIVE? I'M SORRY.

UM, ARE YOU ASKING HOW LONG WE THINK THE DEMOLITION TAKES ONCE WE GET STARTED? YES.

IF EVERYTHING GOES RIGHT, AND EVERYTHING IS APPROVED AND YOU FIND THE, YOU KNOW, GET THEIR APPROVAL AND GET THE GAS SHUT UP.

HOW LONG BEFORE THE, UH, THE DEMOLITION PROCESS TAKES, HOW LONG WAS IT GONNA TAKE Y'ALL TO DO THAT? I DON'T THINK IT WOULD TAKE 30 DAYS.

IT MAY TAKE EVEN LESS THAN THAT.

MR. GREEN.

I'VE GOT A QUESTION ABOUT, UH, SAY, UH, TEXAS GAS.

WON'T CUT OFF THE TOP OF SUPPLIES THAT, UH, ONE OF THE MITIGATING FACTORS.

YEAH, I THINK IT TAKES A WHILE TO ACTUALLY GET THE LEGAL PERMISSION.

I THINK TEXAS GAS ACTUALLY HAS TO COME TO THE CITY OF AUSTIN AND ASK FOR PERMISSION TO WORK WITHIN THE UTILITY EASEMENT.

AND THAT THAT'S, THAT'S KIND OF THE HOLDUP, BUT THAT'S REALLY NOT IN OUR CONTROL.

WE WE'VE MADE THE REQUEST, THE REQUEST IS BEING PROCESSED, BUT IT JUST, IT JUST TAKES A WHILE.

AND WE'D BEEN MONITORING IT FOR A NUMBER OF WEEKS NOW, AND WE'RE HOPEFUL OF GETTING APPROVAL WITHIN THE NEXT COUPLE OF WEEKS, BUT THAT'S BEEN THE WHOLE THAT WE ACTUALLY WERE HOPEFUL OF ACTUALLY HAVING STARTED DEMOLITION BY THIS HEARING.

BUT BECAUSE OF THAT ISSUE, UM, WE HAVEN'T BEEN ABLE TO START IT.

I MEAN, I'VE HAD THE TEXAS GAS CUT OFF PROPERTY, UH, UM, IN A MATTER OF HOURS OR MINUTES.

I'M KINDA WONDERING WHAT, WHAT'S THE DIFFERENCES HERE.

COMMISSION, I GUESS, IS QUITE SANTI.

THE OWNER, THE NEW OWNER.

IT CONCERNED ME.

I, YOU KNOW, WITH RESPECT, I, OH, YOU KNOW, I'M LEARNING AS WELL.

I WAS TALKING TO

[01:20:01]

A CONTRACTOR.

HE SAID, NORMALLY, WHEN YOU HAVE HOW TO TURN UP THE GAS, THAT'S EASY.

HAD THE GUYS OVER TURN OFF THE GUESTS, HOWEVER WAY YOU NEED TO DISCONNECT.

IT GETS BACK TO THE POLE.

I MEAN, BACKS TO THE, UH, THE PROPERTY LINE THAT WOULD REQUIRE SPECIAL, UH, PERMISSION FROM THE CITY, AS WELL AS FROM THE, UH, UH, YOU KNOW, FROM THE WORK TEAM TO PERFORM THAT.

HE'S NOT ONLY A GUY COMING TO TURN OFF THE GAS.

THAT'S ALL WE NEED TO DISCONNECT THAT WHOLE THING.

YOU KNOW, JUST WHEN YOU LOOK AT US, YOU KNOW, PATRICIA COMPANY, THEY CONNECT THE WHOLE THING, ALL THE WIRES, EVERYTHING BACK TO THE POLE.

SO BASICALLY WE JUST CONNECT THIS KIND OF WHOLE THING BACK TO THE, UH, THE STREET LINE, THE PROPERTY LINE TO BE ON THE SAFE SIDE.

AND, UM, THAT'S WHAT WE WILL BE.

THAT'S.

I WAS, I WAS TOLD BY THE DEMOLITION GUY AND THEN, AND THEN ALSO KEEP WARMING BEFORE HE'S GOING TO TAKE A LONG TIME FOR GUESTS COMING TO COME.

BUT, UH, I, YOU KNOW, I DO KNOW, I THOUGHT I WAS THINKING EXACTLY WHAT YOU WERE THINKING SO MANY OFF THE GUESTS, AND THEN WE FIND OUT THAT IT'S NOT THAT AS SIMPLE AS THAT, BECAUSE THE DEMOLITION WILL REPLY A MUCH MORE DILIGENT WORK.

THAT JUST TURN OFF THE GAS.

THANK YOU FOR YOUR EXPLANATION.

UH, COMMISSIONER, I, I THINK IT'S ORIGINAL, BUT REQUIRES THAT I WOULD ASK FOR A MOTION SO WE CAN MOVE ALONG.

ALICIA, THE DIFFERENTIAL IN ORDER FOR 90 DAYS.

I CAN I MAKE A MOTION? I'D LIKE TO MAKE A MOTION THAT WE, UH, ASK THAT THEY, UM, CONDUCT THAT THEY DEMOLISH THE PROPERTY WITHIN 90 DAYS.

SO WE CHANGED THE ORDER TO DEMOLITION AND ORDERED THAT THEY DEMOLISHED WITHIN 90 DAYS.

MOTION ON I'M YELLOW.

YOU'RE A SECOND.

SECOND.

UH, WHO WAS IT? UH, COMMISSIONER.

COOL.

NOW, UH, IT, IS THERE ANYTHING ELSE THAT WE LEARNED THAT WE NEED TO GET SOME PENALTIES IN THE ORDER AFTER THE 90 DAYS VICE CHAIR? OH, SORRY, GO ON.

THIS IS MELANIE ALLIE.

UM, TYPICALLY, UH, A DEMO ORDER DOES NOT INCLUDE PENALTIES.

UM, IT JUST, IT INVOLVES THE AFTER ON THE 91ST DAY CODE WOULD BE ALLOWED TO TAKE OVER IN THE DEMOLITION PROCESS AND FOLLOW LIEN FOR ANY EXPENSES INCURRED.

SO, UH, COMMISSIONER MAILER, YOU WANT TO MAKE THAT PART OF YOUR MOTION? YES.

UM, CAN I ADD THAT LANGUAGE? UM, WHAT MS. ALLIE JUST SAID TO THE MOTION.

UM, SO WHAT SHE JUST SAID, I DON'T THINK I'M GOING TO BE ABLE TO REPEAT IT EXACTLY THAT AT THE, OF THE 90 DAYS, IF THE DEMOLITION HAS NOT TAKEN PLACE, THE CITY WOULD TAKE OVER AND A LEAD WOULD BE PLACED ON THE PROPERTY, THE EXPENSES.

YOU DON'T MIND I'LL READ WHAT IT WOULD LOOK LIKE THAT YOU WOULD ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, DEMOLISH THE COMMERCIAL STRUCTURE AND REMOVE DEBRIS LEAVE, UH, LEAVING THE AREA, CLEAN AND RATE AND REQUESTS INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 90TH DAY, OR SORRY, ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION, UM, AND DISPOSE OF ANY DEBRIS ON THE PROPERTY.

AND, UH, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS, UM, ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.

THE LIEN FOR THESE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

SO THAT'S THE MOTION NOW? THAT'S CORRECT.

COMMISSIONER.

UH, UH, YOU SECOND THAT MOTION IT'S READ BY A REPAIR MARKER.

YOU DO PERMISSION TO GREEN.

I DO.

CAN YOU HEAR ME? YES.

I HEAR YOU NOW.

MR. CHAIRMAN, LET ME FINISH.

GO AHEAD.

IT'S UH, SORRY TO PROLONG THIS.

I THINK I AGREE IN CONCEPT WITH THE OBJECT OF COMMISSIONER MILLER'S PROPOSED

[01:25:01]

ORDER.

I'M NOT CERTAIN TO WHOM THIS QUESTION IS BEST DIRECTED, BUT I THINK I'D LIKE TO HEAR FROM SOMEONE THAT TOLD CONCERNING WHETHER THIS IS THE PREFERRED WAY TO GO ABOUT THIS.

AND, AND MY REASON, UH, WANTING TO SPEND A LITTLE BIT MORE TIME WITH THIS WAS THAT LEAVING MR. CARR CAN CORRECT ME IF I'M WRONG, BUT I GATHERED THAT DEMOLITION IS AMONG THE WAYS, UH, AN OWNER CAN BRING A PROPERTY INTO COMPLIANCE, UH, REGARDLESS OF, OF WHAT ARE THE SUBSTANCE OF THE ORDER.

SO THAT IF WE WERE TO TAKE THE PROPOSED ORDER, UH, AFTER CODE BY CODE AND CHANGE IT FROM 45 TO 90 DAYS, ONE WAY THAT THE OWNER COULD AVOID FINES.

A GROWING GROWING IS BY ACCOMPLISHING THE DEFINITION WITHIN 90 DAYS, UH, FAILING, WHICH, UH, PENALTIES WOULD BEGIN TO ACCRUE.

UH, HOWEVER, UH, IN THE MODIFIED ORDER, UH, WHEREIN WE SPECIFY, UH, THAT I'M ALICIA HAS REQUIRED.

THE CONSEQUENCE OF THE FAILURE TO THE FAILURE TO DEMOLISH IS, SEEMS TO ME TO GIVE CODE THE OPTION OF TAKING THE INITIATIVE TO GO IN THERE AND DEMOLISH IT.

AND OF THOSE TWO OUTCOMES.

IT JUST STRIKES ME THAT THE LATTER MAY BE A BIT MORE LABOR INTENSIVE, A LITTLE BIT MORE INCONVENIENT TO, TO CODE, UH, AS AN ENFORCEMENT, UH, AGENCY.

AND I JUST WONDER IF THAT'S THE BETTER WAY TO DO THIS, MIGHT IT NOT BE, UH, JUST SIMPLER TO, UH, ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATIONS WITH THE MINOR CHANGE THAT WE AFFORD THE OWNER 90 DAYS, AS OPPOSED TO 45.

AGAIN, I'M NOT SURE TO WHOM THIS IS BEST DIRECTED.

I HAPPY TO HEAR ANY DISCUSSION FROM MY FELLOW COMMISSIONERS OR FROM SOMEONE AT CODE, BUT THAT'S MY QUESTION.

I CAN ACTUALLY ANSWER THIS FOR YOU.

AS FAR AS THIS PROPERTY, IT'S GONE DOWNHILL SO FAST IN THE LAST YEAR, JUST TO REPAIR, IT WOULD BE ALMOST DOUBLE EXPENSIVE AS DEMOING IT.

SO DEMOING, IT WOULD BE THE RIGHT WAY TO GO, UM, WHICH THEY'RE ALREADY ALMOST THERE.

AND THEY'RE DEFINITELY NOT GOING TO WAIT THE 90 DAYS.

THEY'RE JUST, I THINK THEY'RE WANTING THAT AS A BUFFER BECAUSE THEY GET PERMITS FINALIZED AND ALL THAT KIND OF STUFF.

IT'S TAKEN LONGER BECAUSE OF COVID.

SO THEY'RE DOING IT MOSTLY TO PROTECT THEMSELVES FROM NOT GETTING FINES, BUT, UM, THE WAY THEY'VE BEEN GOING AND HOW FAST THEY'VE BEEN DOING EVERYTHING, I BET THEY'RE GOING TO GET IT DONE WITHIN 45.

PERFECT.

THAT'S ALL I HAVE.

THANK YOU, COMMISSIONERS.

UM, AS FAR AS, THANK YOU, MR. CHAIR, ANY OTHER DISCUSSION IN THE BOARD DISCUSSION? IF NOT, ARE YOU IN FAVOR OF THE MOTION SIGNIFY BY RAISING YOUR HAND? AYE.

AYE.

AYE, AYE.

ANYBODY OPPOSED TO THE MOTION? MARILYN? UH, ALLIE, HOW MANY VOTES? UM, HOW MANY DID I COUNT? I WAS JUST TRYING TO COUNT A LITTLE BIT.

I ONLY SEE PARDON EIGHT ZERO ONE.

SO THAT WOULD BE EIGHT IN FAVOR, ONE OPPOSED AND NONE ABSTAINED.

SO THE MOTION CARRIES.

YOU WILL BEGIN IT IN AN ORDER IN THE MAIL.

[Items 4 - 6]

WOULD YOU LIKE TO GO ONTO THE NEXT NEXT CASE? SURE.

DO YOU WANT ME TO TAKE OVER VICE CHAIR? WE'LL GO AHEAD.

SO WE WILL CONTINUE THEN WITH ITEM NUMBER FOUR AND MISS ALLIE, WHERE ARE WE GOING TO HEAR ITEMS? FOUR, FIVE AND SIX TOGETHER.

IS THAT YEAH, CORRECT? YES.

WE WILL BE HEARING THOSE TOGETHER.

AND DO WE HAVE THE PROPERTY REPRESENTATIVES ON THE LINE? I BELIEVE THERE WERE, LET ME SEE.

WE SHOULD HAVE SEVERAL PEOPLE ON THE LINE.

SO IT SHOULD BE A DALTON.

WALLACE.

ARE YOU ON THE LINE? MAYBE I'LL COME BACK TO THEM.

LEAH BOGGIO ARE YOU ON THE LINE? YES, I AM.

AND I'M NOT SURE.

I'M NOT SURE THAT MR. WALLACE WILL BE JOINING US TONIGHT.

I THINK I'LL BE SPEAKING ON HIS BEHALF.

OH, OKAY.

THAT'S GOOD TO KNOW.

AND DO WE HAVE STEVE SEDOWSKY FROM THE CITY OF AUSTIN? YES.

HEY MAYOR.

AFTER THE CITY'S, UM, PRESENTATION.

UM, COURSE, WE'LL BE CALLING ON YOU

[01:30:01]

SO MISS ALLIE, PLEASE GO AHEAD.

IT'S ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR ITEMS FOUR, FIVE AND SIX, WHICH ARE REGARDING THREE COMMERCIAL BUILDINGS LOCATED AT NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVENUE, TWO OF WHICH HAVE HISTORIC LANDMARK DESIGNATIONS.

AND THE THIRD IS IN A HISTORIC DISTRICT.

THE THREE STRUCTURES HAVE SUBSTANDARD AND UNSAFE CONDITIONS REQUIRING REPAIR.

THEY SHARE COMMON WALLS AND THE PROPERTIES HAVE ONE COMMON OWNER.

THE CASE NUMBERS ARE AS FOLLOWS NINE OH SEVEN CONGRESS ALSO KNOWN AS THE GRANBURY BUILDING IS CL 2020 (100) 230-4909.

CONGRESS ALSO KNOWN AS THE MITCHELL ROBERTSON BUILDING IS CL 2021 ZERO ZERO TWO THREE TWO ONE AND NINE 11 CONGRESS, WHICH IS IN A HISTORIC DISTRICT IS CL 2021 ZERO ZERO TWO THREE TWO SEVEN.

THE EXHIBITS CAN BE FOUND IN THE TAN BOOKS IN THE GOOGLE DRIVE FOLDER TO PROVIDE A BIT OF BACKGROUND ON THIS CASE.

FIRST, THESE PROPERTIES HAVE NEVER BEEN BEFORE THE BUILDING AND STANDARDS COMMISSION IN 2014 CASES REGARDING THESE THREE STRUCTURES WERE ESCALATED TO THE BUILDING AND STANDARDS COMMISSION PROGRAM, BUT WERE WITHDRAWN DUE TO WORK WITH THE HISTORIC LANDMARK COMMISSION OR THE HLC IN 2018, THE HLC APPROVED A CERTIFICATE OF APPROPRIATENESS FOR ALL THREE BUILDINGS.

HOWEVER, BECAUSE OF DETAILED PRESERVATION PLAN WAS NEVER FINALIZED APPROVAL HAS NEVER BEEN GRANTED.

AND NOW IN JANUARY, 2021, ALL THREE PROPERTIES REMAIN IN DISREPAIR AND ARE HERE BEFORE THE COMMISSION.

ALSO, IT IS MY UNDERSTANDING THAT ONCE A DETAILED PLAN IS SUBMITTED TO THE, TO THE HLC AND APPROVED AN AMENDED CERTIFICATE OF APPROPRIATENESS WILL BE GRANTED AND THE OWNER CAN THEN MOVE FORWARD WITH HIS PLANS IN THE GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE, THREE AND FIVE, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP.

THE NOTICES OF VIOLATION NOTICES OF HEARING IN THE POSTINGS EXHIBITS TWO A THROUGH TWO F FOUR, A THROUGH FOUR E AND SIX 83 60, WHICH CONSISTS OF PHOTOGRAPHS FOR EACH OF THE CASES REPRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.

AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS IN EACH OF THE THREE CASES MARKED AS EXHIBITS TWO EIGHT THROUGH TO AF FOUR, A THREE, FOUR EIGHT AND SIX EIGHT THREE SIX EIGHT.

AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.

YUP.

WELL, INSPECTOR ADAMS, YOU APPEAR TO BE MUTED.

I'LL START OVER AGAIN.

IS THAT BETTER? MUCH BETTER.

YOU'RE WELCOME.

UH, PHOTOGRAPHS FOR, UH, BUILDING NINE OH SEVEN, UH, THROUGH TO A, THROUGH A TWO-WAY THE TWO F UH, TWO-WAY IS A CONTEXTUAL PICTURE OF THE FRONT OF ALL THREE PROPERTIES TAKEN FROM THE WEST SIDE OF CONGRESS AVENUE.

UH, GOOD EVENING AGAIN, COMMISSIONERS.

MY NAME IS WILLIS ADAMS. I AM THE CODE OFFICER ASSIGNED TO THESE THREE CASES LOCATED AT 907, 909 AND NINE 11 CONGRESS AVENUE.

UH, THESE THREE PROPERTIES ARE CURRENTLY OWNED BY THE SAME OWNER, UM, MR. DALTON OR MR. WALLACE DALTON.

UH, THE CASES BEGAN IN SEPTEMBER AND NOVEMBER OF 2020.

UH, I SENT A NOTICE OF VIOLATION AND, AND ALSO POSTED, UH, THE PROPERTY.

THE NOTICES WERE RECEIVED AS WELL, ALSO A PLAQUE OR THAT THE PROPERTIES WITHIN SAFE PLACARDS TO WARN BYSTANDERS OF POTENTIAL HAZARDS TO DATE, THERE HAVE BEEN NO REPAIRS OR IMPROVEMENTS ON THE PROPERTIES.

THE VIOLATIONS OBSERVED WITH CURATED BRICK MASONRY WORK ON THE FRONT OF THE STRUCTURES WHERE WIRE MESH HAS BEEN PLACED IN EVERETT TO KEEP DEBRIS FROM FALLING ON TO THE SIDEWALK ON TWO OF THE PROPERTIES, HOLES, AND A PARTIAL COLLAPSE OF THE ROOF, ALLOWING WATER INTRUSION AFFECTING ALSO THE ADJOINING WALLS.

THERE ARE MISSING A BROKEN, MISSING, A BROKEN AND MISSING WINDOWS OPENINGS AROUND THE STRUCTURE, WHICH ALLOW RODENTS, BIRDS, AND SMALL ANIMALS, A SAFE HARBOR.

THERE ARE SEVERAL AREAS OF EXPOSED WOOD MEMBERS OPEN TO THE ELEMENTS, ALLOWING THE WOOD MEMBERS, UH, ALLOWING MEMBERS, UH, MEMBERS TO WEAKEN AND ALSO TO DECAY.

UH, I WILL NOW PRESENT,

[01:35:01]

UM, GO ON TO, TO BE PLEASE, UH, TO BE AS THE LOWER HALF OF A UNIT NINE OH SEVEN, UH, SHOWING IT BOARDED, UH, THERE'S DETERIORATING WOOD, UH, EXPOSED WIRING, UH, ELECTRICAL WIRES AND OPENINGS, ALLOWING RODENTS, AND ALSO SMALL ANIMALS TO ENTER THE PROPERTY YOU CAN MOVE ON TO, UH, TO SEE IS THE UPPER FLOOR OF THE STRUCTURE, UPPER FACADE OF THE STRUCTURE, UH, SHOWING THE, UH, DETERIORATION OF THE, OF THE, UH, SURFACE SURFACE AREA, UH, WINDOWS ARE BROKEN, ALSO FRAMES, UH, ARE DAMAGED.

THERE IS ALSO SOME OPENINGS, UH, JUST ABOVE, JUST BELOW THE WINDOWS AGAIN, SHOWING, UH, THAT ALLOW MAYBE BIRDS TO NEST INSIDE THERE, UH, THAT, THAT, UH, NINE OH SEVEN HAS A WIRE SCREEN MESH AGAIN TO PREVENT OR TO PROTECT, UH, UH, ANYONE TRAVELING ON, UH, ON THE SIDEWALK, IF ANYTHING, SHOULD SEPARATE FROM THAT STRUCTURE IN THAT NETTING, IT SAYS ALSO, UH, DETERIORATED AS WELL.

YOU CAN MOVE ON TO TWO D TWO D SHOWS THE, UM, THE ROOF, UH, THAT FOLLOWED WAS TAKEN FROM THE ADJOINING PROPERTY AT NINE OH FIVE.

UH, THERE'S A HOLE THERE.

UH, IT SHOWS ALSO DEPRESSION OF THE ROOF IS SAGGING.

UH, ALSO ALLOWS, UH, OBVIOUSLY ALLOWS THE, UH, WATER OR ANY OTHER ELEMENTS TO, UH, DAMAGE THE INTERIOR OF THE PROPERTY AND MOVE ON TO TWO F TWO F R I'M SORRY TO IN FACT, C TWO E IS THE REAR OF THE PROPERTY, UH, SHOWING, UH, THE WINDOWS, UH, UH, WINDOWS, UM, BARRED.

THERE IS BROKEN GLASS ON THE WINDOW, ON THE LEFT.

UH, THEY ARE SECURE THOUGH.

THEY ARE, THEY HAVE A, OBVIOUSLY A BURGLAR BARS TO KEEP ANYONE FROM GETTING IN AND TO F PLEASE TWO F IS ACTUALLY A PHOTOGRAPH TAKEN THROUGH ONE OF THE WINDOWS SHOWING THE SAGGING, UH, FLOOR SAGGING ROOF.

UH, ALSO SHOWING THAT YOU CAN ACTUALLY SEE RIGHT THROUGH THE ROOF, UH, FROM THAT PHOTOGRAPH THROUGH THE HOLE THERE, JUST TO MOVE ON TO PROPERTY ON TITLE NINE FORAY AGAIN IS A CONTEXTUAL AGAIN FROM THE WEST SIDE OF CONGRESS AVENUE, YOU CAN MOVE ON TO FOUR B FOR ME AS A FRONT LOWER HALF, UH, SHOWING THAT THE FRONT OF THE PROPERTY IS SECURED, BORE THAT UP, UH, UH, SHOW THAT THERE'S SOME OPEN AND ACCESSIBLE, UH, HOLES THERE JUST ABOVE THE BOARDING, UM, SOME SURFACE DAMAGE, UH, YOU CAN MOVE ON TO FOUR C UH, SHOWING THE UPPER HALF.

ONCE AGAIN, THIS IS THE UPPER HALF.

UH, THE WINDOWS ARE BOARDED ON THE TOP SASH.

UM, THERE IS, UH, JUST AGAIN, SHOWING THAT THERE IS SOME OPENING JUST BELOW THE WINDOWS, ALLOWING BIRDS TO THIS AND THAT, UH, AND THAT FACILITY THERE, UH, YOU CAN MOVE ON TO FOUR D AND AGAIN, UH, FOUR D THIS IS A ROOF ON THE OTHER SIDE OF, UH, NINE OH SEVEN, UH, AT THE AREA ON THE RIGHT-HAND SIDE.

THE DARK AREA IS WHERE, UH, THERE HAS BEEN SOME STRUCTURAL DAMAGE TO THE ROOF.

UH, WATER MAY HAVE SETTLED THERE.

UM, SO IT'S, UH, THERE'S, UH, DEFINITELY THAT DAMAGE ON THE INTERIOR FROM POSSIBLE DAMAGE FROM THAT, UH, ROOF AS WELL.

YOU CAN MOVE ON TO, UH, FOR, FOR, UH, AND THAT'S THE REAR OF THE PROPERTY SHOWING SOME MISSING, UH, WOOD BOARDS.

UH, THE DOOR THERE IS LOCKED AND SECURE.

THERE ARE OPENINGS WHICH WOULD ALLOW FOR, UH, SMALL RODENTS OR SMALL ANIMALS AND RODENTS TO ENTER THE PROPERTY AS WELL.

AND WE'LL MOVE ON TO A BUILDING, UH, THAT NINE 11, THE ADJACENT BUILDING A ONCE AGAIN, A CONTEXTUAL PHOTO FROM, UH, THE WEST SIDE OF CONGRESS, MOVE ON TO 6:00 PM PLEASE.

UH, SIX B SHOWS THE LOWER HALF OF, UH, THE FRONT OF THE BUILDING.

UH, THERE ARE MISSING, UH, BRICKS ON THAT, UH, BUILDING, UH, SHOWING SOME, SOME SERIOUS, UH, SURFACE DAMAGE TO THE FRONT.

[01:40:01]

UH, YOU CAN SEE, UH, MISSING, UH, SHOWING THE, UH, FEASTS ACTUALLY THE SECOND, THE, THE ORIGINAL BREAKING ON ONE HALF, OR AT LEAST A PART OF IT, UH, BUILDING ON THE FRONT.

UM, YOU CAN GO ON TO THE SIX B OR I'M SORRY, SIX C SIX C IS ACTUALLY SHOWING AGAIN THE TOP HALF.

AND YOU SEE THAT THE MIDDLE WINDOW, UH, EVEN THOUGH ALL WINDOWS ARE BRICKED IN THE MIDDLE WINDOW, THE BRICKS HAVE FALLEN INSIDE TO THE INTERIOR.

UH, THERE IS A WIRE MESH ON THAT BUILDING.

UM, AS YOU CAN SEE THE SURFACE, UH, THERE HAS BEEN, UH, BRICKS THAT ARE MISSING AGAIN FROM THAT THERE IS SOME SURFACE DAMAGE, UM, TO THAT, UH, BUILDING AS WELL, SIX D THIS IS A PICTURE TAKEN FROM THE, UH, NORTH SIDE OF, UH, NINE, UH, NINE 11, AS YOU CAN SEE, THAT'S THE LOWER HALF THE FRONT, UH, SURFACE IS SEPARATING, UH, JUST ON THE TOP HALF, JUST ABOVE THE BOARDS THERE.

UM, IT, UH, THE DANGER THERE IS THAT IF IT DOES SEPARATE EVEN MORE, UH, THERE IS NOTHING TO STOP IT FROM FALLING ON SOMEONE WALKING UP AND DOWN, UH, NAVIGATING, UH, CONGRESS AVENUE ON THE, ON, UH, ON THE EAST SIDE OF THAT STREET THERE.

SO IT PRESENTS A CLEAR AND CLEAR SAFETY, DANGER AND HAZARD IN THE LAST PHOTOGRAPH WILL BE THE REAR OF THE PROPERTY ON SIX E AND ACTUALLY SHOWS THAT THE BUILDING IS A, THE DOOR IS SECURE.

UH, THERE ARE OPENINGS AGAIN AT THE BOTTOM, WHICH WILL ALLOW RODENTS OR SMALLER ANIMALS TO ENTER THE PROPERTY.

UH, THIS CONCLUDES OUR PRESENTATION AND I'M OPEN TO ANY QUESTIONS THAT, UH, YOU GUYS MAY HAVE.

THANK YOU BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS, IN THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE, THREE AND FIVE, WHICH INCLUDES THE NOTICES OF VIOLATION OWNERSHIP INFORMATION FROM THE TRAVIS CENTRAL APPRAISAL DISTRICT NOTICES OF HEARING STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO F FOUR AND SIX, EIGHT THROUGH SIX C ALSO CHAIR.

BEFORE I READ THE ORDERS INTO THE RECORD, I WOULD LIKE TO MAKE ANOTHER REQUEST BECAUSE THE RECOMMENDED ORDERS ARE THE SAME IN EACH OF THE CASES FOR THIS PROPERTY.

WE'RE REQUESTING THAT ONE RECOMMENDED ORDER BE READ INTO THE RECORD WITH THE UNDERSTANDING THAT WE'RE REQUESTING THREE SEPARATE ORDERS BE ISSUED IN EACH OF THE THREE CASES.

YES, THAT'S ACCEPTABLE.

PLEASE PROCEED COORDINATOR ELLIE.

IF STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND FOR NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVE, RESPECTIVELY ORDER, THE FOLLOWING ONE REQUIRED THE OWNER OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL OF THE NECESSARY PERMITS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING SEEKING HISTORIC LANDMARK COMMISSION APPROVAL, IF NECESSARY, BE CORRECT.

THE CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE STRUCTURE LOCATED AT NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVENUE, AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 91ST DAY, IF THE REPAIRS TO NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVENUE AS REQUIRED BY THIS ORDER ARE NOT COMPLETE ASSESS THE CIVIL PENALTY OF $1,000 WEEK IN EACH OF THE THREE CASES, WHICH ARE CL 2021 ZERO ZERO TWO THREE OH FOUR, CL 2021 ZERO ZERO TWO THREE TWO ONE AND C L 2021 ZERO ZERO TWO THREE TWO SEVEN.

THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR.

THANK YOU, MISS ALLIE.

UM, I'M GOING TO GO AHEAD AND ADMIT EXHIBITS ONE STAFF'S EXHIBITS ONE, THREE, AND FIVE, AND EXHIBITS TWO A THROUGH TO F FOUR, A THROUGH FOUR E AND SIX, A THROUGH SIX E.

UM, SO I'D LIKE TO HEAR NOW FROM THE OWNERS, SORRY, FROM THE OWNER REPRESENTATIVES, UM, ACTUALLY MISS ALLIE, DOES IT MAKE MORE SENSE FOR THE OWNER REPRESENTATIVE TO GO FIRST OR FOR STEVE SEDOWSKY TO GO FIRST? IT DOESN'T MATTER.

I DON'T KNOW THAT IT MATTERS.

[01:45:01]

SO LEAH BO JO, IF YOU'D LIKE TO YOU GO, UNLESS YOU HAVE ANY REASON FOR STEVE SADOWSKY TO GO FIRST, PLEASE PROCEED.

I'M HAPPY TO GO AHEAD.

UM, MY NAME IS LEAH I'M WITH TRAINER GROUP AND I'M HERE REPRESENTING THE PROPERTY OWNER.

UM, WE WOULD LIKE TO REQUEST A CONTINUANCE OF THIS CASE, UM, AS YOU HEARD, TWO OF THE STRUCTURES ARE IN HISTORIC LANDMARKS AND ONE OF THE CONTRIBUTING STRUCTURE TO A HISTORIC DISTRICT.

UM, WE HAVE, WE HAVE BEEN HAVING CONVERSATIONS WITH MR. SEDOWSKY, UM, AND WE ARE PREPARING A PROPOSAL TO PRESENT TO THE HISTORIC LANDMARK COMMISSION, UM, TO RESTORE THE STRUCTURES AND, AND POTENTIALLY ADD SQUARE FOOTAGE ABOVE THEM TO FOUND WE, UM, ARE EXCITED TO PICK THIS RESTORATION BACK UP.

UM, BUT GIVEN THAT THESE STRUCTURES ARE DESIGNATED AS HISTORIC, AND WE HAVE TO GO THROUGH THE HISTORIC LANDMARK COMMISSION PROCESS AND REQUEST THAT WE BE ABLE TO COME BACK TO NEXT MONTH AND REPORT TO YOU ON, ON HOW WE'RE DOING AND HOW OUR PROPOSAL IS GOING.

UM, YOU KNOW, I'M, I'M OPTIMISTIC THAT THIS WILL BE AN EXPEDITIOUS PROCESS, BUT SINCE IT IS OUTSIDE OF OUR CONTROL, HOW QUICKLY, UM, THE HLC ACT AND MOVES IT FORWARD, I WOULD LIKE TO REQUEST THAT CONTINUANCE, PLEASE.

OKAY, THANK YOU.

UM, LET'S GO AHEAD AND HEAR FROM STEVE SADOWSKY AS WELL.

GOOD EVENING, COMMISSIONERS, THE SPEED FIDELITY IN THE HISTORIC PRESERVATION OFFICE AND, UH, MS. BOGGIO IS CORRECT.

WE HAVE BEEN DISCUSSING THE, UH, THE PROCESS FOR RESOLVING THESE THREE BUILDINGS.

WE'VE GOT TWO BUILDINGS THAT ARE HISTORIC LANDMARKS, CONGRESS, AND THEN THE BUILDING AT NINE 11 CONGRESS IS CONTRIBUTING TO BE CONGRESS HISTORIC DISTRICT.

SO ANY MODIFICATIONS TO THE EXTERIOR, UH, OF THESE BUILDINGS NEED TO BE REVIEWED AND APPROVED BY THE HISTORIC LANDMARK COMMISSION.

WE'VE BEEN WORKING WITH MS. MOJO AND, UH, COMING UP WITH AN APPLICATION TO PRESENT TO THE LANDMARK COMMISSION FOR PLANS THAT WERE PROPOSED A WHILE BACK, BUT NEVER FOLLOWED THROUGH ON IT, UH, TO ADDRESS THESE ISSUES, RESTORE THE BUILDINGS, UH, PAD, UH, HER CONSTRUCT ADDITIONS ABOUT THE EXISTING BUILDINGS.

ALL OF THAT IS, HAS BEEN APPROVED IN CONCEPT, UH, THE HISTORIC LANDMARK COMMISSION, UH, BUT THE DETAILS WERE LACKING.

SO THAT'S, THAT'S THE PIECE OF THE PUZZLE THAT WE NEED TO GET BEFORE THE COMMISSIONER GET, UH, AND GET THEIR APPROVAL FOR THIS WORK.

SO, UH, AS FAR AS THE PRESERVATION OFFICE, WE WOULD ALSO, WE WOULD ALSO SUPPORT MS. JOE'S REQUEST FOR A CONTINUANCE SO THAT THE LANDMARK COMMISSION CAN, UH, REVIEW THESE APPLICATIONS AND MAKE THEIR DECISIONS.

THANK YOU, MR. SADOWSKY.

UM, I HAVE A QUESTION.

SO I UNDERSTAND THIS IS IN PROCESS, AND I DO UNDERSTAND THAT THIS TAKES QUITE SOME TIME.

UM, BUT FROM WHAT MISS ALLIE HAD STATED, THIS HAS BEEN ON THE CITY'S RADAR SINCE AT LEAST 2014, AND I BELIEVE IT WAS THE, THE CONCEPT THAT WAS APPROVED IN 2018.

SO HERE WE ARE THREE YEARS LATER, I GUESS I'M JUST CURIOUS HOW MUCH LONGER IS THIS GOING TO TAKE TO GET, YOU KNOW, THE DETAILED PLAN APPROVED AND THROUGH THE HISTORIC LANDMARK COMMISSION? WELL, WE'RE PROPOSING TO PUT IT ON THEIR AGENDA IN FEBRUARY.

SO, UH, I THINK THINGS WILL START MOVING A LOT QUICKER NOW, UH, IT, THAT THESE CASES HAVE LANGUISHED FOR ENTIRELY TOO LONG.

AND I AGREE WITH THAT.

UH, AND UNTIL ACTUALLY THE, THE CODE COMPLAINT CAME IN, WE WERE, WE WERE KEEPING IN TOUCH WITH, UH, MR. WALLACE, HIS FAMILY, UH, AS FAR AS THEIR PROPOSAL, BUT I THINK, UH, THE CODE COMPLAINT, WE HAVE THEIR ATTENTION NOW IN A WAY THAT WE DIDN'T BEFORE.

AND, UH, WE'RE GOING TO MOVE VERY EXPEDITIOUSLY IN GETTING THE LANDMARK COMMISSION TO REVIEW AND APPROVE THESE PROPOSALS SO THAT THE WORK CAN START TAKING PLACE.

THESE DANGEROUS CONDITIONS CAN BE EVADED.

THROUGH THE COMMISSION, IS THAT CORRECT? UH, REALLY IT'S, IT'S THE DETAIL, IT'S THE DETAILS OF DECONSTRUCTING THE FRONT WALLS OF THESE BUILDINGS TO ALLOW DRILLING PIERS FOR THE PROPOSED CONDITIONS, UH, HOW THE MATERIALS, THE HISTORIC BRICK WILL BE STORED, WHERE IT WILL BE STORED AND UNDER WHAT CONDITIONS, AND THEN HOW THE WALLS WILL BE RECONSTRUCTED ON SITE.

AND I THINK JUST A FOLLOW-UP TO THAT.

UM, SO THAT'D BE FANTASTIC IF IT CAN GET IN FRONT OF THE COMMISSION THIS MONTH OR NOT THIS MONTH NEXT MONTH IN, UH, BUT I WOULD IMAGINE TOO, THIS MIGHT TAKE A COUPLE OF APPEARANCES BEFORE THE COMMISSION, OR IS IT LIKELY TO JUST, I MEAN, IT, IF YOU COULD JUST EXPLAIN A LITTLE BIT MORE ABOUT THAT PROCESS, I WOULD ASSUME THERE'S STILL SOME, SOME DETAILS TO BE HAMMERED OUT

[01:50:01]

ALL THREE OF THESE BUILDINGS, UH, STARTING IN THE FIFTIES STARTED, UH, HAD, UH, SPECO HAD CONCRETE FLIP COVERS PUT OVER THEM.

SO WHEN THEY PUT THOSE ON THE EXISTING EXTERIOR, BRICK HAS BEEN SCARIFIED TO THE POINT WHERE IT'S, IT'S NO LONGER SEALED.

THE PROPOSAL IS TO TAKE THE BRICKS DOWN, REVERSE THEM.

SO THAT THE, WHAT WAS PREVIOUSLY THE INTERIOR SIDE OF THE BRICK WOULD NOW BECOME THE EXTERIOR, UH, ASSUMING THAT THAT HAS THE PROPER CEILING ON IT, BUT, UH, THE BRICKS COULD BE SEALED EVEN IF THEY'RE NOT BECAUSE THEY'RE, THEY'RE FLAT, THEY'VE STILL GOT THERE.

THERE'S BLACK PHASE.

SO THE SCARCE SUFFOCATION IS, IS, UH, WOULD BE BEEN ON THE INSIDE OF THE WALLS.

SO IT'S, IT'S A SOUND PRESERVATION PROPOSAL.

UM, IT'S JUST A MATTER OF, LIKE I SAID, OF, OF, UH, PRESENTING THAT TO THE COMMISSIONER, THE DETAILS THAT'S, UH, THAT'S REALLY WHAT WAS LACKING.

THE CONCEPT IS, HAS BEEN TACITLY APPROVED.

SO IT WAS A MATTER OF COMING DOWN AND OKAY, HOW ARE YOU GOING TO ACCOMPLISH THIS? AND I THINK WE HAVE A, A GOOD PLAN FOR THAT NOW.

THANK YOU FOR THE CLARIFICATION SHARE YOUR I'D LIKE TO SPEAK.

WHO IS THIS? I'M SORRY.

HI, THIS IS ROBERT MOORE DIVISION MANAGER FOR THE CASE REVIEW AND ESCALATIONS DIVISION.

YES, PLEASE GO AHEAD.

YEAH, JUST WANT TO PUT ON RECORD THAT AUSTIN CODE IS NOT IN SUPPORT OF CONTINUING THIS CASE, WHICH IS WHY WE MADE THE DECISION TO BRING IT BEFORE YOU TONIGHT.

UM, YOU KNOW, WHAT THEY WERE SPEAKING ABOUT IS IN 2018, IT WENT BEFORE THE HISTORIC LAND MARK COMMISSION, AND IT RECEIVED A CERTIFICATE OF APPROPRIATENESS ON A VOTE OF SIX TO ZERO.

MEANING ALL THEY HAD TO DO WAS FOLLOW UP WITH THAT, GET THE PERMITS AND MAKE THE PROPER REPAIRS.

AND SO WE JUST FEEL THAT IT'S TIME TO DO SOMETHING WITH THIS.

ON IT IN 2018 WHEN IT WENT THROUGH HISTORIC LEMAR COMMISSION BEFORE.

UM, MR. MOORE, SO I GUESS I HAVE ANOTHER QUESTION TOO, KIND OF ABOUT THE WHOLE PROCESS.

SO IF HLC APPROVES THIS PLAN, THE DETAILED PORTION OF THE PLAN, THAT'S GREAT, BUT THAT REALLY ONLY ADDRESSES THE HISTORIC PRESERVATION PORTIONS OF THESE BUILDINGS.

UM, PRESUMABLY THERE IS A LARGE SET OF PLANS IN THE WORKS FOR NEW STRUCTURES THAT WOULD GO ABOVE THE HISTORIC PORTION OF THESE PROPERTIES.

AND I CAN ONLY IMAGINE THAT THAT IS, IS NOT YET APPROVED BY THE CITY.

UM, YOU KNOW, THIS, THIS IS PROBABLY AN UNDERTAKING THAT IS GOING TO TAKE SEVERAL YEARS BEFORE TECHNICALLY ALL OF THESE CODE VIOLATIONS HAVE BEEN MET.

UM, I GUESS I'D LIKE TO HEAR FROM EITHER LEAH BO JO, YOU KNOW, WHAT'S YOUR KIND OF BIGGER SCHEDULE FOR, FOR THESE PROPERTIES MIGHT BE, AND THEN PERHAPS FROM CITY STAFF AGAIN, CODE ON, UM, WHAT IT WOULD TAKE TO ACTUALLY GET RID OF THESE CODE VIOLATIONS.

I'M SURE I'M HAPPY TO ANSWER THAT.

UM, SO, UM, AS, AS I UNDERSTAND IT AND MR. TEDESCHI CAN CONFIRM, UM, OR CORRECT ME, YOU KNOW, WE CAN'T TOUCH THAT BUILDING RIGHT NOW, UM, BECAUSE OF THE HISTORIC, UM, YOU KNOW, UH, DESIGNATIONS IN AND AROUND IT.

AND SO WHAT WE WOULD BE ABLE TO DO ONCE WE GET APPROVAL, NOT JUST OF THE CONCEPTS, BUT OF THE DETAILS, UM, WOULD BE TO, UM, TO MAKE THE BUILDING SAFE, YOU KNOW, WHATEVER THAT EXACTLY LOOKS LIKE.

WE CAN MAKE THE BUILDING SAFE.

IN THE MEANTIME, WHILE WE GET THE REST OF THE PERMITS APPROVED TO ACTUALLY DO THE RECONSTRUCTION AND THE CONSTRUCTION OF ANY ADDITIONS THAT GO WITH IT.

UM, BUT RIGHT NOW, YOU KNOW, WE DO HAVE, WE DO HAVE, UH, AN AGREEMENT ON THE CONCEPT, BUT THE DETAILS, YOU KNOW, ARE, ARE NOT SMALL.

AND I WOULDN'T BE SURPRISED IF IT TOOK HER A COUPLE OF TIMES, UM, GOING TO HLC TO EXPLAIN, OR, YOU KNOW, REVISE FOR THEIR INPUT.

UM, AND THAT'S WHY WE'RE ASKING FOR THE CONTINUANCE.

I AM MORE THAN HAPPY TO COME BACK AND REPORT WITH PROBABLY A LOT MORE INFORMATION, UM, A MONTH FROM NOW, UM, BOTH ABOUT HLC AND ABOUT OUR PROPOSED PLAN AND ABOUT TIMELINES.

AND I'M RELATIVELY NEW, VERY NEW TO THIS PROJECT AND WAS DEFINITELY NOT WORKING

[01:55:01]

UM, BUT, UH, LIKE I SAID, WE ARE EXCITED TO GET THIS BACK ON TRACK.

WE KNOW WHAT WE HAVE TO DO.

WE KNOW WHAT'S ASKED OF US.

IT'S, IT'S JUST A MATTER OF GETTING THAT PROPOSAL TOGETHER, GETTING IT AS SOMETHING THAT HLC FEELS COMFORTABLE WITH SO THAT WE CAN START THE BEGINNING OF THAT PROCESS, UM, WHICH WOULD BE, UM, I THINK WOULD SATISFY WHAT US CODE STAFF ARE LOOKING FOR.

UM, STILL YOU'RE, YOU'RE ONLY TALKING ABOUT THE PORTIONS THAT HAVE TO, THAT THAT ARE, THAT HAVE TO GO THROUGH HLC, BUT WE'RE STILL LOOKING AT, YOU KNOW, ROOFS ARE CAVING IN, AND I CAN ONLY GUESS THAT IT IS NOT PART OF YOUR LONG-TERM PLAN TO JUST REPLACE THOSE ROOFS.

NO, IT IS NOT, I DON'T BELIEVE THAT IT IS PART OF OUR LONG-TERM PLAN.

THAT WOULD BE, IT'S CERTAINLY NOT BE THE BEST AND HIGHEST USE OF THE PROPERTY.

SO THAT'S THE PART THAT I WONDER ABOUT, YOU KNOW, WITH THE STRUCTURES THAT WILL BE BUILT THERE.

HOW LONG, WHERE ARE YOU ON THAT PROCESS? AND, YOU KNOW, IN TERMS OF, DO YOU HAVE A SITE PLAN SUBMITTED WHAT'S GOING ON WITH THAT, WITH THE CITY? WE DO NOT BECAUSE WE HAVE TO GET TO A POINT WHERE WE HAVE A PROPOSAL THAT'S APPROVED BY HLC BEFORE WE CAN START DESIGNING THE REST OF THE, OF THE STRUCTURES.

UM, I DON'T THINK WE'RE AT A POINT IN THAT PROPOSAL WHERE WE CAN SAY EXACTLY WHAT EXACTLY WHAT WILL STAY OR WHAT WILL GO, OR WHAT WILL, UM, WHAT WILL BE INCORPORATED INTO THE NEW DEVELOPMENT.

UM, WE DO KNOW THAT, LIKE STEVE SAID, WE WOULD BE PROBABLY DECONSTRUCTING AND STORING AND THEN RECONSTRUCTING IN SOME WAY TO RESTORE THAT FACADE WITH THE BRICKS TURNED AROUND AND ALL THAT, BUT ALL THE DETAILS OF THAT ARE WHAT WE'RE REALLY WORKING ON RIGHT NOW.

UM, SO I DON'T KNOW, UM, THAT WE WOULD BE ABLE TO SAY EXACTLY WHAT THAT PROPOSAL WAS GOING TO LOOK LIKE AT THIS PARTICULAR MOMENT.

I CAN ONLY GUESS THAT WE'RE STILL SEVERAL YEARS OUT FROM, FROM ACTUALLY HAVING ALL THE CODE VIOLATIONS RESOLVED.

UM, IS THERE ANYONE FROM CITY STAFF FROM CODE CODE OFFICIALS WHO WOULD LIKE TO RESPOND TO THAT? UH, I HAVE, UH, THIS IS WILLIS AS AGAIN, THE COMMERCIAL OFFICER.

UM, I LIKE TO MAKE A STATEMENT, UM, IN SUPPORT OF, UH, WITH THE, UH, ABOUT THE CONDITION OF THE STRUCTURES, UH, IN REGARDS TO THE SITE PLANS.

UM, ALSO I WANT TO SPEAK ABOUT THE ADJACENT PROPERTY AT NINE OH FIVE WHEN, UH, WHEN IT RAINS, UH, THAT PROPERTY NEXT DOOR IS AFFECTED AT NINE OH FIVE.

THE OTHER THING I'D LIKE TO BRING UP IS THAT WHEN THE FIRST, THE CASE FIRST CAME TO ME IN SEPTEMBER, UH, OF LAST YEAR, MY INITIAL INVESTIGATION AND LOOKING THROUGH THE HISTORY OF THE PROPERTY SHOWED THAT THE OWNER, UH, MR. DALTON HAD ACTUALLY SUBMITTED A SITE PLAN AS FAR BACK AS 2010.

UH, HE'S OWNED THAT PROPERTY SINCE 2006, I BELIEVE.

SO HE DID SUBMIT A SITE PLAN IN TWOS UP 2010 TO ACTUALLY, UH, HAVE THE PROPERTIES AT NINE OH SEVEN AND NINE OH NINE, UH, TURNED INTO A RESIDENTIAL WITH RETAIL ON THE LOWER FLOORS.

IN BOTH SITE PLANS, THE SITE PLANS WERE APPROVED AT THAT POINT.

UH, HOWEVER, AFTER AWHILE, UH, THEY FELL, UH, NOTHING HAPPENED.

OF COURSE, WE HAD A CASE THERE IN 2014 BY ONE OF OUR, UH, COLD OFFICERS THAT CAME IN AND THAT OFFICER INSPECTED THE PROPERTY IN 2014 WHEN I GOT THE CALL IN FOR THE CASE, UH, JUST LAST SEPTEMBER.

UH, I WENT FURTHER THAN THAT FIRST CALL THAT CAME IN IN 2014.

SO THESE PROPERTIES HAVE BEEN IN THIS CONDITION FOR ALMOST A DECADE NOW.

AND SO, UH, MY CONCERN AT THE TIME WAS THE SAFETY.

I MEAN, I WOULD NOT STAND UNDER THE THREE BUILDINGS CAUSE I WAS CONCERNED ABOUT THE SAFETY OF THOSE, UH, PEOPLE WALKING BY THERE.

AND I, THAT'S WHY I TOOK MY FIRST PICTURES WERE ACROSS THE STREET BECAUSE IT SEEMED TO ME TO BE A DANGEROUS PROPERTY OR UNSAFE PROPERTY.

IT IS ALSO A HISTORICAL SITE THAT I BROUGHT TO THE COMMISSION, I BELIEVE LAST YEAR.

SO AGAIN, UH, I SUPPORT THE STAFF RECOMMENDATIONS IN, IN, AND I'M SURE THAT THEY'RE WORKING AS HARD AS DILIGENTLY AS DILIGENTLY AS THEY CAN TO GET IT BACK UP TO CODE.

BUT HERE WE ARE IN 2021 IN HOW MUCH LONGER IS IT GOING TO TAKE? OKAY, THANK YOU, INSPECTOR ADAMS. AND I GUESS WHAT I'M ALSO TRYING TO GET AT IS, UM, I MEAN, I DO UNDERSTAND THAT GOING THROUGH HLC AND HAVING THIS PLAN APPROVED IS, IS A CRITICAL STEP, MAY BE THE FIRST STEP.

UM, BUT IT ALSO LOOKS LIKE, OKAY, THESE HISTORIC STRUCTURES, THOSE BRICK WALLS ARE GOING TO BE DECONSTRUCTED AND STORED SOMEWHERE

[02:00:01]

FOR SEVERAL YEARS.

AND SO ARE THESE CODE VIOLATIONS STILL GOING TO BE ACCRUING FINES THIS WHOLE TIME, OR WHAT HAPPENS, YOU KNOW, DURING THE CONSTRUCTION OF WHATEVER NEW NEW BUILDINGS WILL BE PUT ON TOP OF THESE HISTORIC STRUCTURES? SORRY, I'M NOT SURE WHO TO EVEN ASK THAT OF, UH, THIS IS ROBERT MOORE DIVISION MANAGER.

UH, I CAN TRY TO ANSWER SOME OF THAT.

I MEAN, LIKE IT LET'S SAY WE HAVE THE ROOF SIDED, RIGHT.

WELL, IF THEY WERE TO BEGIN CONSTRUCTION ON AND, YOU KNOW, ADDING STORIES, WHICH I BELIEVE IS KIND OF THEIR PLAN, UM, YOU KNOW, ONCE THE ROOF IS GONE, YOU KNOW, THAT WOULD TAKE CARE OF A CODE VIOLATION.

SO, YOU KNOW, AS THEY'RE BUILDING THIS NEW STRUCTURE, UH, YOU KNOW, THE CODE VIOLATIONS WOULD WITHER AWAY, I WOULD, I WOULD THINK.

THAT MAKES SENSE.

OTHER COMMISSIONERS QUESTIONS, MADAM CHAIR.

COMMISSIONER STILL STOOD AND I HAVE A NUMBER OF QUESTIONS.

I AM NOT SURE TO WHOM THEY ARE BEST DIRECT THAT I, I GUESS, LET ME START WITH THE OWNER'S REPRESENTATIVE, MS. BOJACK.

UM, SO WE'VE HEARD THIS EVENING, UH, THAT, UM, MR. DALTON HAD A SITE PLAN APPROVED IN 2010.

DO YOU HAVE ANY, IS IT WITHIN YOUR PERSONAL KNOWLEDGE OR YOU, CAN YOU, CAN YOU SPEAK TO WHY, UH, WHY THAT PLAN, UH, DID NOT RESOLVE IN RENOVATIONS TO THE BUILDING? LIKE WHY WE'RE HERE TODAY? I CAN'T SPEAK TO THAT.

I DIDN'T, I DID NOT REPRESENT HIM AT THAT TIME.

LET ME SEE, LET ME GIVE ME MY OWN CHAIR.

I'M JUST TRYING TO ORGANIZE MY THOUGHTS BRIEFLY.

UH, OKAY.

UH, SO THE QUESTION FROM A , IF YOU STILL, UH, SO IF I HEAR YOU CORRECTLY, THE SCARIFICATION OF THE BREAK IS SUCH THAT THE PROCESS OF REMOVING THE FACADE AND REVERSING THE BREAKS WOULD BE NECESSARY, REGARDLESS OF WHETHER ONE INTENDED TO ADD SQUARE FOOTAGE ABOVE.

IS THAT CORRECT? THAT IS CORRECT.

SO THE, THE CHIEF DIFFERENCE BETWEEN A COMPLIANT SITE PLAN IN WHICH ONE REVERSED THE BRAKE, UH, AND ONE IN WHICH, UH, THE OWNER REVERSED THE BRAKE AND ADDED STORY IS PROBABLY THE TREAT DIFFERENCE WOULD BE THE LAPSE OF TIME IN THE FORMER SCENARIO.

ONE COULD JUST GO IN AND DO IT.

AND THE FACADE WOULD BE BROUGHT INTO COMPLIANCE WITH HLC REQUIREMENTS, POTENTIALLY RECTIFYING BSC REQUIREMENTS AT THE SAME TIME.

WHEREAS IN THE LATTER SCENARIO, THE BROOKS, THE BRICKS WOULD HAVE TO BE STORED IN THE INTERIM AND THEN THE FACADE SORT OF RECONSTRUCTED AFTER WHATEVER NEW BUILDING WAS ERECTED IN THE FOOTPRINT OF THE OLD.

IS THAT, IS THAT A FAIR SUMMATION? YES.

MS. BOGGIO WOULD YOU, WOULD YOU AGREE TO THAT CHARACTERIZATION AS WELL? OR AM I GETTING ANYTHING WRONG THERE YOU'D CARE TO CORRECT? I THINK THE ONLY THING I WOULD ELABORATE ON IS THAT I DON'T THINK THE ADDITIONAL SQUARE FOOTAGE, WHETHER OR NOT THAT IS PART OF THE PROPOSAL CHANGES THE TIMELINE.

I THINK A SITE PLAN IS GOING TO BE A REQUIRED EITHER WAY TO REDEVELOP THE SITE, INCLUDING THE RESTORATIVE FACADE.

UM, I THINK THE WAY I SEE THIS GOING IS, YOU KNOW, WE'RE GOING TO SPEND THE NEXT FEW WEEKS AND MONTHS PUTTING TOGETHER THIS PROPOSAL THAT WE'LL BRING TO HLC.

I KNOW THEY HAVE SEEN THE CONCEPT BEFORE, BUT THEY HAVEN'T SEEN THE DETAILS, WHICH IS APPARENTLY WHAT THE PROBLEM WAS BEFORE.

SO ONCE WE GET IN FRONT OF THEM, ONCE WE'RE GOING TO HAVE A MUCH BETTER IDEA OF HOW THIS IS ALL GOING TO GO.

AND I THINK THAT A MONTH FROM NOW, I'LL BE ABLE TO GIVE YOU ALL A MUCH MORE DETAILED TIMELINE AS FAR AS WHAT WE'RE EXPECTING, HOW HLC RECEIVED OUR PROPOSAL, WHETHER WE THINK WE'RE GOING TO HAVE TO GO BACK TO THEM NUMEROUS TIMES, OR MAYBE HOPEFULLY THE GUARDIAN APPROVES THE PROPOSAL AT THAT TIME, I THINK A MONTH FROM NOW THAT WE'LL BE ABLE TO GIVE YOU A LOT MORE INFORMATION THAT WOULD ANSWER A LOT OF THE QUESTIONS THAT YOU'RE ASKING TONIGHT.

THANK YOU, MS. BOGGIO.

I DO HAVE A THIRD SORT OF GENERAL QUESTION.

I DON'T KNOW THAT THERE'S ANYONE PRESENT TONIGHT TO WHOM THIS IS BEST DIRECTED, PERHAPS MR. CAR, MR. BUT DO WE HAVE A SENSE FOR WHETHER SITE PLANS EXPIRE, UH, YOU KNOW, IN OTHER WORDS, HOW DO THEY DO THEY DO? OKAY.

SO THE FACT THAT THE FACT THAT THERE WAS THAT THERE WAS ONE APPROVED PREVIOUSLY, IT DOESN'T, IT DOESN'T MEAN YOU CAN JUST GO IN AND START DOING SOMETHING IF YOU HAVEN'T DONE IT.

OKAY, GOOD.

I THINK IN TERMS OF QUESTIONS, THAT'S, THAT'S ALL I, THAT'S ALL I HAVE JUST IN TERMS OF QUESTIONS.

SO, UM, YEAH,

[02:05:01]

SO, UH, THANK YOU, UH, MR. , UH, AND, UH, THANK YOU, MADAM CHAIR.

THANK YOU, COMMISSIONER.

STUFF'S HAD A QUESTIONS FROM OTHER COMMISSIONERS OR EMOTIONS, I GUESS I'M SURE.

I GUESS I CAN MOVE THAT.

WE CLOSE PUBLIC, UH, CLOSED THE PUBLIC HEARING AND JUST ENTERED DISCUSSION AT THIS POINT, IF NO ONE HAS, UH, QUESTIONS FOR, UM, OR OWNER AND WITNESSES OR, YEAH, I DON'T THINK WE NEED TO VOTE ON THIS ONE, BUT, UM, LET ME KNOW IF I'M MISTAKEN, MR. CARPET.

WE'LL, WE'LL CLOSE THE PUBLIC HEARING.

DISCUSSION COMMISSIONERS.

I HAVE TO ADMIT I'M A LITTLE BIT TORN ON THIS ONE.

UM, I MEAN, ONE, ONE PART OF ME THINKS THAT IT, YOU KNOW, ANOTHER MONTH ISN'T GONNA DO ANYTHING.

CAUSE IT'S STILL GOING TO BE SEVERAL YEARS BEFORE EVERYTHING IS PROBABLY TRULY RESOLVED ON THIS SITE.

UH, BUT IT, THEY, THEY WILL BE GOING BEFORE THE HLC NEXT MONTH.

AND SO THEY, THE OWNER'S REPRESENTATIVE WILL CERTAINLY HAVE MORE KNOWLEDGE TO SHARE WITH US AT NEXT MONTH'S MEETING WHAT IT, THIS IS WHAT HE TOPS ON.

UH, WOULD IT BE A GOOD IDEA TO ASK HIM TO COME BACK WITH REPORT IN SAY 60 DAYS OR SOMETHING LIKE THAT? AND, UH, KEEP US POSTED.

I DO BELIEVE THAT THEIR INTENTIONS ARE IN THE RIGHT DIRECTION, BUT IT IS A BIG JOB.

IT'S A HUGE JOB.

I GUESS I ALSO FEEL LIKE 60 DAYS, ISN'T GOING TO DO ANYTHING MORE THAN, YOU KNOW, 30 DAYS THEY WILL HAVE HAD THE MEETING WITH HLC.

THEY WILL KNOW IF THE DETAILED PLAN IS ON THE TRACK TO BE APPROVED.

I BELIEVE, YOU KNOW, IT, I DON'T THINK IT WILL BE APPROVED BY THEN.

IT'D BE WONDERFUL IF IT IS, BUT THEY'LL, THEY WILL KNOW MORE 60 DAYS.

I'M NOT SURE THAT DOES ANYTHING.

UM, THAT'S JUST MY FEELING ON IT.

CHAIR.

CAN I ASK A QUESTION? THIS IS MELANIE ALLIE, PLEASE GO AHEAD.

OUR NEXT MEETING IS ON FEBRUARY 24TH AND MY QUESTION WAS WHEN IS THE HLC GOING TO BE MEETING NEXT MONTH? IF YOU'RE PLANNING TO HAVE THEM RETURN TO OUR NEXT MEETING, WOULD THEY BE MEETING PRIOR TO THAT TIME OR AFTER THAT? THAT'S AN EXCELLENT QUESTION.

AND I WILL ASK MR. SADOWSKY, EVEN THOUGH WE'VE CLOSED THE PUBLIC HEARING, I'LL ASK THIS ONE QUESTION.

I'LL REOPEN TO JUST DO THAT.

UH, THE HLC MEETING IS FEBRUARY THE 22ND, 22ND.

TWO DAYS BEFORE YOURS.

UM, I GUESS YOU WERE REQUESTING TO BRING IT BACK TO THE NEXT MONTH MEETING PRETTY MUCH, HUH? I'M REQUESTING A MOTION FOR ANYTHING ANYONE WOULD LIKE TO DO.

IN 30 DAYS AND THEN IT'S SORT OF VAGUE, YOU KNOW, WE NEED MORE TIME.

UM, I'LL GO AHEAD AND MAKE THAT MOTION TO, UH, REQUEST THAT THIS, THIS WILL BE, UH, BROUGHT BACK TO THE NEXT MONTH MEETING.

SO BASICALLY TO CONTINUE THE CASE PREFERABLY NOT, BUT THAT'S ABOUT THE ONLY OPTION RIGHT NOW.

WOULD ANYONE LIKE TO SAY, UM, CAN I ADD SOMETHING TO THAT? OF COURSE.

UM, I WAS JUST THINKING MAYBE WE SHOULD BE A LITTLE BIT MORE SPECIFIC ABOUT WHAT THEY, WHAT WE WANT THEM TO BRING BACK TO US.

UM, IF THEY'RE GOING TO SPEAK TO THE HISTORIC LANDMARK, MARK COMMISSION, YOU KNOW, WHAT DO WE WANT TO KNOW ABOUT THAT CONVERSATION? UM, YOU KNOW, WHEN ARE THEY GOING TO SEEK APPROVAL? YOU KNOW, WHAT'S THE TIMELINE FOR GETTING APPROVAL FROM THEM? UM, YOU KNOW, I, I JUST AM WORRIED.

THEY COME BACK

[02:10:01]

WE NEED MORE TIME.

LIKE WHAT, WHAT ARE WE TRYING TO WISH THEM TO, UM, GET A DECISION ON? SO WE HAVE A LITTLE MORE CERTAINTY ABOUT THIS.

COMMISSIONER STILL SAID YES.

YEP.

I THINK I AGREE WITH COMMISSIONER MILLER ON THIS.

UH, AND I, I AGREE WITH THE CHAIR AS WELL IN THE SENSE THAT, UM, I ALSO AM CONFLICTED.

UH, I'VE BEEN STRUCK BY THIS, THIS PROPERTY.

IT'S, IT'S ALL, IT'S GOING ON A LONG TIME IT'S AVENUE.

I USED TO WORK DOWN AT THE CAPITOL AND I WOULD WALK BY THIS ONE FOR YEARS.

AND IT JUST, IT JUST SEEMED LIKE A SORE THUMB COMPARED TO THE REST OF THE, UH, YOU KNOW, AND IT, I ALWAYS WONDERED, I WONDER WHAT WAS GOING ON.

AND, UM, YOU KNOW, I, I, UH, I DON'T LIKE THE IDEA OF INTERNECINE CONFLICT BETWEEN ORGANS OF CITY GOVERNMENT, BETWEEN OURSELVES AND IN HLC.

YOU KNOW, MR. OBVIOUSLY, UM, BELIEVES THE CONTINUANCE IS WARRANTED.

UM, WHILE I DON'T BELIEVE THIS COMMISSION'S ROLE HAS TO SERVE AS RUBBER STAMP FOR, UM, ENFORCEMENT, UH, IN MY TIME IN MY SERVICE ON THIS PANEL, I HAVE TAKEN CUES, UH, UH, I OBSERVED SOME CIRCUMSTANCES IN WHICH THE OFFICER, UH, CLEARLY, UH, I DON'T WANT TO SAY, I DON'T WANT TO SAY AS BEING PERFUNCTORY, BUT, BUT JUST SAY FOR EXAMPLE, WE HAD A CASE IN WHICH MS. PRESLEY INDICATED, UH, THAT SHE THOUGHT THAT THE OWNER WAS ACTING IN GOOD FAITH AND MAKING PROGRESS.

UH, YOU'D TAKE CUES FROM, FROM THE OFFICERS, WITH THE BOOTS ON THE GROUND.

AND TODAY WE'RE HEARING FROM A COUPLE WHO DON'T THINK THIS NEEDS TO WAIT ANY LONGER.

THAT'S WHAT I INTERPRETED INSPECTOR ADAMS IS SAYING, THAT'S WHAT MR. MORRIS SAID.

SO, YOU KNOW, I'M, I'M COGNIZANT OF THE URGENCY AND IT, AND IT CONCERNS ME AND I DON'T TAKE IT LIGHTLY.

UH, WELL, I'M NOT A RUBBER STAMP, UH, NOR DO I TAKE LIGHTLY THE OPINIONS OF THE PEOPLE THAT WERE IN THE FIELD.

UM, SO I GUESS WHAT I'M SAYING, I DON'T MEAN TO RAMBLE.

I REALIZE IT'S QUARTER TO NINE HERE AND, AND I DON'T WANT TO KEEP EVERYBODY FROM DINNER, BUT I'M GIVING THEM 30 DAYS AND LATER THE SCOPE.

YEAH, THAT SEEMS REASONABLE.

BUT A COUPLE OF COUNTERVAILING CONSIDERATIONS ARE THAT THE PROPERTY HAS BEEN AN EYESORE FOR A DOZEN YEARS, THAT THERE ARE LIFE SAFETY ISSUES THAT HAVEN'T BEEN BROUGHT TO OUR ATTENTION.

UH, AND THAT THERE SEEMS TO BE A LONG ROAD TO GO.

YEAH, IT'S UM, AND, UH, I WANT TO KNOW WHAT THEY'RE BRINGING BACK WHEN THEY COME BACK IN 30 DAYS.

SO, UM, I THINK I COULD APPROVE MR. MOTION, BUT, BUT I THINK MS. MILLER HAS A POINT THAT WE NEED TO GET SOME CLARITY ABOUT WHAT, WHAT WE'RE GOING TO HEAR ABOUT.

I'LL SHUT UP.

THANK YOU VERY WELL.

VERY WELL PUT, THANK YOU.

THIS IS BRANDON CARSON CITY ATTORNEY.

I JUST WANT TO REMIND YOU OF RULE FOUR OH SEVEN.

IT SAYS THAT THE COMMISSION MAY DEFER TAKING FINAL ACTION.

WHENEVER IT CONCLUDES THAT ADDITIONAL EVIDENCE IS NEEDED OR ALTERNATIVE SOLUTIONS NEED FURTHER STUDY AND DEFERRING ACTION.

AFTER A HEARING THE COMMISSION SHALL CLEARLY STATE THE DATE ON WHICH THE HEARING WILL BE RESUMED AND THE ISSUES AND EVIDENCE THAT WILL BE CONSIDERED.

SO I DO ENCOURAGE YOU IF YOU'RE GOING TO FOLLOW YOUR ROLE TO, UM, REQUEST SOMETHING SPECIFIC AS COMMISSIONER MILLER POINTED IT OUT.

THANK YOU, MR. CARR.

SO WE HAVE A MOTION TO CONTINUE THE MEETING UNTIL NEXT MONTH'S BSC MEETING THE FEBRUARY MEETING.

UM, WE DO NOT HAVE A SECOND.

WE HAD, I'M NOT SURE.

WAS THAT A FRIENDLY AMENDMENT THEN MS. MUELLER? UM, YES.

MAYBE I COULD SAY THAT THE AMENDMENT WOULD BE THAT THEY COME BACK AND THEY TELL US WHAT THEIR PROGRESS IS ON READING THE, UM, THE ITEMS IN THE STAFF RECOMMENDATION, BUT THIS MEETING, WHICH WAS, YOU KNOW, WHAT'S THEIR PROGRESS ON OBTAINING AND FINALIZING, PERMITS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING GETTING APPROVAL FROM THE HLC, UH, YOU KNOW, WHAT'S THEIR PROGRESS ON CORRECTING THE CITED VIOLATIONS.

SO WE COULD ASK THEM TO REPORT ON THAT AT THE NEXT MEETING.

I'D LIKE TO REQUEST A SCHEDULE.

AND I KNOW IT MIGHT JUST BE A SHOT IN THE DARK, BUT IT'S, IT'S A START LET'S, LET'S SEE A SCHEDULE.

UH, COMMISSIONER .

ARE YOU, UM, ARE YOU WILLING TO ACCEPT THE, I GUESS, AS A FRIENDLY AMENDMENT THERE FROM COMMISSIONER MILLER? UH, YES.

UM, I GUESS IT'S REASONABLE.

AND THEN COMMISSIONER MILLER, WOULD THAT COUNT AS A SECOND TO THE AMENDMENT? AM I DOING THIS RIGHT? MR. CARR.

GOOD.

UM, CALLED THE QUESTION COMMISSIONED BERCENIO OKAY.

FURTHER DISCUSSION, OR SHALL I CALL THE QUESTION?

[02:15:04]

I'LL CALL THE QUESTION AND I'LL TRY AND RESTATE THE MOTION AS BEST I CAN, SO CORRECT ME IF I GET IT WRONG.

UM, SO THE QUESTION IS, DO WE WANT TO CONTINUE THIS HEARING UNTIL THE FEBRUARY BSC MEETING AT WHICH TIME? IT IS OUR HOPE THAT THE OWNER'S REPRESENTATIVE, UH, WOULD COME BACK WITH INFORMATION FROM THE FEBRUARY HLC MEETING, UM, WHICH WOULD HELP TO DETERMINE A SCHEDULE FOR, OR A TIMELINE FOR CORRECTING THE CITED CODE VIOLATIONS ON THE PROPERTY.

AND, UM, DID I MISS ANYTHING MS. MILLER? UM, NO, I IT'S JUST, YEAH.

A SCHEDULE FOR MEETING THE, UM, ITEMS ON THE STAFF RECOMMENDATION.

CLEAR ENOUGH, MR. CARR FOR THE RECORD? YES, THAT'S CLEAR.

ALL IN FAVOR OF THE MOTION, SAY AYE.

ANY COMMISSIONERS OPPOSED, PLEASE SAY AYE.

NOT HEARING ANYONE DID ANY COMMISSIONERS ABSTAIN.

LOOKS LIKE IT'S UNANIMOUS AND I'LL DO A QUICK COUNT OF HOW MANY WE HAVE HERE STILL WITH US.

I BELIEVE WE HAVE EIGHT COMMISSIONERS WITH US STILL.

MR. THOMPSON.

YOU'RE STILL WITH US.

I AM WITH YOU.

AND I'VE BEEN WAVING MY HAND AND NOBODY SAYS ANYTHING.

I SUSPECTED AS MUCH.

SO THE MOTION PASSES.

SO MS. BEAUJOLAIS, IT LOOKS LIKE WE WILL BE HEARING FROM YOU AGAIN NEXT MONTH.

UM, POSSIBLY FROM MR. SADOSKI AGAIN AS WELL.

AND WE THANK YOU FOR YOUR TIME FOR, FOR COMING HERE AND TALKING TO US.

I GUESS WE'RE GONNA MOVE ON TO THE FUTURE AGENDA ITEMS. YES.

THANK YOU, MS. ALLIE, JERRY, WE DON'T HAVE ANY, UH, DISCUSSION ITEMS TONIGHT.

[FUTURE AGENDA ITEMS]

COMMISSIONER MUELLER.

UM, I WANTED TO GO BACK TO SOMETHING THAT WAS RAISED BY OUR, UM, PUBLIC SPEAKERS OR PUBLIC COMMENT INITIALLY.

AND, UM, I THINK IT WAS, UH, GABBY GARCIA WHO ASKED THE QUESTION OF WHETHER OR NOT ALL PROPERTIES OWNED BY THE SAME OWNER AND MANAGED IN THE SAME WAY COULD BE ADDED TO THE REPEAT OFFENDER PROGRAM.

SO I GUESS I'M ASKING IF YOU PUT THAT ON THE AGENDA AND PERHAPS HAVE, UM, ATTORNEY CAR OR SOMEONE ELSE SPEAK TO THAT, PERHAPS DIVISION MANAGER MORE I BELIEVE.

I BELIEVE PART WOULD HAVE TO UPDATE YOU ON, UH, ON THE STATUS OF THAT PROPERTY AND WHETHER IT QUALIFIES FOR THE REPEAT OFFENDER PROGRAM.

I'M SORRY, IT'S THREE OH FIVE WEST 35TH.

BUT COULD WE ALSO TALK ABOUT THE ISSUE OF, UM, YOU KNOW, IF, IF THERE'S, UH, SOMEBODY WHO'S GOT A REPEAT OFFENDER PROPERTY WHO MANAGES OTHER PROPERTIES, SIMILARLY, IS THERE ROOM UNDER THE ORDINANCE FOR THEM TO BE ADDED JUST BASED ON THAT FACT OR NOT? AND I, I DON'T, I DON'T NECESSARILY WANT TO TALK ABOUT IT NOW, BUT THAT WAS THE QUESTION SHE WAS RAISING.

SO I, I THINK IT'D BE WORTH DISCUSSING.

AND I THINK THE QUESTION IS, CAN WE, AS A COMMISSION PLACE A PROPERTY ON THE REPEAT OFFENDER PROGRAM OR IS THAT INDIA DON'T BELIEVE IT? OH, ARE WE GOING TO GET THE NEXT MONTH? YEAH, I'M NOT SAYING LET'S NOT DISCUSS IT NOW, BUT THERE IS THIS ISSUE OF, YOU KNOW, IF THERE ARE OWNERS THAT IT'S ALWAYS BEEN CHALLENGING TO KNOW WHO OWNS WHAT, AND, YOU KNOW, EVERYTHING'S LLC PROPERTY OR WHATEVER, BUT SOMETIMES WE DO FIND OUT THAT THE SAME OWNERS BEHIND SEVERAL PROPERTIES.

ANYWAY.

I KNOW.

SO I GUESS THE REQUEST IS TO ADD THAT SPECIFIC PROPERTY, RIGHT? THE ONE WAS BROUGHT UP.

YOU JUST WANT, I GUESS YOU WANT A STAFF REPORT ON THAT PROPERTY.

EXACTLY.

BUT WHAT I WAS JUST GOING TO SUGGEST IS THAT GOING TO BE A LITTLE CAUTIOUS TO TALK IN GENERAL ABOUT REPEAT OFFENDER PROGRAM, BECAUSE IT'S NOT REALLY WITHIN YOUR JURISDICTION, UM, AS FAR AS YOU BEING ABLE TO DO ANYTHING ABOUT IT OR NOT, BUT IF YOU WANT TO HAVE AN UPDATE ON THAT PROPERTY AND YOU WANT TO ASK QUESTIONS ABOUT, UM, THE REPEAT OFFENDER, I THINK THAT WOULD BE REASONABLE IF IT'S A STAFF UPDATE.

LET'S PLACE IT ON NEXT MONTH'S AGENDA FOR A STAFF UPDATE.

PROPERTY WOULD BE, UM,

[02:20:01]

DO YOU WANT THAT AS A STAFF BRIEFING OR AS A STAFF UPDATE WHERE THERE CAN BE PUBLIC COMMENT? UM, I THINK IT WOULD BE WORTH HAVING PUBLIC COMMENT.

SO SINCE IT WAS BROUGHT TO US THAT WAY, IS THERE A DIFFERENCE IN THE NOTICES THAT WOULD GO OUT? W NO, IT WOULD JUST, NO, BECAUSE IT'S NOT AN A G IT'S, THIS WOULD BE A DISCUSSION ITEM.

UH IT'S THERE'S NOT AN ACTIVE CASE FOR THAT PROPERTY RIGHT NOW THAT THOSE VIOLATIONS WERE CLEARED.

SO NO ORDER EITHER.

CORRECT.

RIGHT.

SO THIS WOULD JUST BE A STAFF UPDATE.

IF IT'S AN UPDATE, THEN OTHER CITIZENS WOULD BE ALLOWED TO COME AND PROVIDE PUBLIC COMMENT.

IF IT'S A BRIEFING, IT WOULD JUST BE STAFF PROVIDING BRIEFING, AND THERE WOULD NOT BE ANY PUBLIC COMMENT.

SO, YOU KNOW, I'LL SAY I'M A LITTLE CAUTIOUS ABOUT OPENING THIS CASE UP IF THERE'S NOT A PENDING CASE IN FRONT OF YOU.

UM, BECAUSE I CAN'T DO ANYTHING, RIGHT.

I DON'T KNOW THAT, THAT IT REALLY, THAT IT REALLY FITS WITHIN WHAT YOU ALL ARE DOING.

IF IT'S NOT SOMETHING THAT'S ON.

UM, IF IT'S NOT SOMETHING THAT'S ON THE RADAR.

AND THEN ALSO, I GUESS I'D BE CONCERNED ABOUT HEARING TESTIMONY ABOUT A CASE THAT COULD COME, BUT WITHOUT HAVING THE PROPERTY OWNER HERE, BECAUSE IT'S NOT ACTUALLY PENDING BEFORE YOU, SO HEARING EXTRANEOUS EVIDENCE WITHOUT THE PROPERTY OWNER BEING HERE TO KIND OF DEFEND THEMSELVES.

SO I'M A LITTLE TORN ON THAT.

UM, AS FAR AS DOING THAT, YEAH.

IF, SO THE TWO DIFFERENT OPTIONS THAT MS. SALLY JUST PRESENTED TO US ONE WOULD BE KIND OF A STAFF BRIEFING ON THE PROPERTY WITHOUT THERE BEING TESTIMONY.

SO WE WOULD JUST GET AN UPDATE ON WHATEVER VIOLATIONS, YOU KNOW, WHAT THE SITUATION WAS AT THAT PROPERTY.

WOULD THAT BE LESS, YOU KNOW, SO THERE WOULDN'T BE ANY TESTIMONY FROM EITHER THE OWNER OR TENANTS NECESSARILY.

WE WOULD JUST BE UPDATED ON THAT PROPERTY.

THAT'S A GOOD QUESTION.

UM, MAYBE I'M THINKING NOW OUT LOUD, MAYBE IT WOULD BE BETTER TO GO BACK TO IF YOU ALL WANT TO JUST KIND OF A, AN OVERVIEW OF THE REPEAT OFFENDER PROGRAM, MAYBE THAT WOULD BE BETTER AND CLEANER VERSUS A SPECIFIC PROPERTY.

THAT MAKES SENSE.

I THINK I AGREE, BECAUSE I THINK REALLY THIS IS ABOUT US NOT UNDERSTANDING, LIKE, WHAT ARE THE PARAMETERS OF BEST FRIEND.

AND I THINK THE OTHER GOAL, WHICH I THINK THE, THE CITIZENS ACCOMPLISHED TONIGHT WAS JUST TO RAISE AWARENESS OF THIS PROPERTY.

AND I'M GUESSING, I'M GUESSING, UH, CODE STAFF IS VERY AWARE OF THIS PROPERTY.

I THINK THAT MAKES SENSE TO JUST DO AN OVERALL, UM, BECAUSE IT IS A PART OF THE TESTIMONY SOMETIMES, UH, THE REPEAT OFFENDER PROGRAM AND WHAT THAT MEANS.

AND SO I THINK IT'S APPROPRIATE IF YOU WANT TO GET AN, UM, A REFRESHER ON WHAT THAT PROGRAM IS AND HOW IT AFFECTS YOUR CASES.

THAT'S FINE.

AND THEN CHAIR, NEXT MONTH, WE WOULD ALSO NEED TO HAVE SOME DISCUSSION POSSIBLY NEXT MONTH OR THE FOLLOWING MONTH ABOUT BUDGET RECOMMENDATIONS.

UM, THE CITY HAS ASKED FOR A BUDGET RECOMMENDATIONS AND I BELIEVE THEY HAVE TO HAVE A RECOMMENDATIONS BY APRIL THE SEVENTH OR THE NINTH.

UM, SO I WANTED TO ASK IF WE COULD PUT THAT ON THE AGENDA FOR NEXT MONTH ALSO.

YES, YES.

AND, UH, AND IF WE COULD, UM, IF STAFF IS WILLING TO KIND OF REMIND US WHAT IMPACT, IF ANY, WE, AS A COMMISSION CAN HAVE ON A CODE DEPARTMENT BUDGET, OR IF THERE ARE THINGS THAT YOU, THAT YOU FEEL THAT WE WELL, YEAH.

I'LL LEAVE IT AT THAT.

AND WAS THERE ANYTHING ELSE YOU WANTED ON THE AGENDA FOR NEXT MONTH? WE HAVE A CONTINUING, WE HAVE THIS ONE CASE THAT'S CONTINUED.

UM, THE CASE THAT WAS PULLED NINE OH SEVEN, 909 AND NINE 11 CONGRESS, IF THOSE WERE CONTINUED.

THE THREE AND ITEM NUMBER ONE, THE CASE THAT WAS PULLED, DOES THAT NEED TO COME BACK OR WAS WITHDRAWN BY THE OWNER? IT WAS AN APPEAL.

SO WE DON'T NEED TO WORRY ABOUT THAT ONE.

NO, THAT'S FOR THE TIME.

I THINK THAT'S, THAT'S ALL I HAVE.

THANK YOU EVERYONE.

GOOD TO SEE EVERYONE AGAIN AND HAPPY NEW YEAR.

AND, UH, THIS MEETING IS ADJOURNED.

LET THE RECORD REFLECT THAT THE TIME IS 9:00 PM.

[02:25:01]