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[00:00:08]

GOOD EVENING.

[CALL TO ORDER]

I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JANUARY 28TH, 2021.

LET THE RECORD REFLECT THAT THE TIME IS 6:35 PM.

MY NAME IS ANDREA FREIBURGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

UM, AT THIS TIME I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT.

PLEASE SIGNIFY THAT YOU ARE HERE.

I'LL CALL YOU EACH ONE AT A TIME.

UM, DO WE HAVE VICE-CHAIR PABLO AVEOLA? I DON'T THINK HE'S WITH US YET.

UH, COMMISSIONER I'M HERE.

HI EVERYONE.

HELLO COMMISSIONER WORDY.

THOMPSON DOES NOT APPEAR TO BE WITH US YET.

DO WE HAVE COMMISSIONER JOHN GREEN? OKAY.

ALSO NOT WITH US YET.

COMMISSIONER ELIZABETH MUELLER.

YES, I'M HERE.

RIGHT? GOOD TO SEE YA.

UH, COMMISSIONER JAMES I'M HERE.

GOOD.

GOOD TO SEE YA.

COMMISSIONER TIMOTHY STOW STAD.

OKAY, GREAT.

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 AM HERE.

I'M PRESENT.

GREAT.

OKAY.

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

OKAY.

OKAY.

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.

OKAY, GREAT.

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]

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

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

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, 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.

OKAY.

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.

OKAY.

UM, YES.

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]

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

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.

OKAY.

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.

THANK YOU.

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.

THANK YOU.

THANK YOU.

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.

THANK YOU.

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]

SAM HAD SIGNED TO SPEAK UP.

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.

OKAY.

[APPROVAL OF MINUTES]

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

UM, YES.

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.

YEAH.

YOU CAN HEAR ME NOW.

YES, WE CAN HEAR YOU NOW.

I KIND OF SAYS I'M MUSIC.

OKAY, GREAT.

FABULOUS.

OKAY.

GLAD YOU'RE HERE.

THANK YOU.

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

OKAY.

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.

YES.

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

OKAY.

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.

YES.

THAT'S NINE.

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

ONE UPSTAIRS.

OKAY.

ONE ABSTENTION.

OKAY.

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]

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

OKAY.

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.

YEAH.

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

OH, THIS IS THE CHAIR.

YES.

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]

OKAY.

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.

OKAY.

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.

OKAY.

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]

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

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.

YES.

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.

OKAY.

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.

OKAY.

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.

OKAY.

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.

YEAH.

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]

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

YEAH.

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.

OKAY.

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.

THANK YOU.

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.

THANK YOU, MR. CARR.

YES.

COMMISSIONER GREEN.

WE CAN'T HEAR YOU.

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

OKAY.

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.

OKAY.

THANK YOU.

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.

OKAY.

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]

NO.

I COULD NOT SAY ADD.

OKAY, THANK YOU.

OKAY.

YES, COMMISSIONER.

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.

YEAH.

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.

OKAY.

THANK YOU.

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

THANK YOU.

SOMEBODY IS TRYING TO CLAIM THE PROPERTY.

OKAY.

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]

WITH THE PROPERTY RIGHT NOW.

OKAY.

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.

YES.

COMMISSIONER MILLER.

UM, YES.

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.

OKAY.

THANK YOU.

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

STAFF'S RECOMMENDED ORDER.

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.

OKAY.

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.

YES, SIR.

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.

OKAY.

THANK YOU, UH, OF COMMISSIONERS.

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

OKAY.

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.

OKAY.

ALL RIGHT.

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.

THANK YOU.

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.]

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.

OKAY.

YEAH.

OKAY.

YEAH.

[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.

SORRY.

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.

GOOD EVENING COMMISSIONERS.

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.

THANK YOU.

OKAY.

SORRY ABOUT THAT.

GOOD EVENING COMMISSIONERS.

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.

YES.

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.

OKAY.

THANK YOU.

SORRY.

THANK YOU, MR. CARR.

THIS IS WORDY AND I WOULD CALL THE QUESTION.

OKAY.

THANK YOU.

COMMISSIONER THOMPSON.

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

AYE.

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]

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

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

[01:00:01]

DISAPPEARED AGAIN.

HI, IT'S CHAIR.

ABILA STILL WITH US.

OH MY GOODNESS.

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

ABILA CURIOUS.

YES.

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.

OKAY.

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

OKAY.

THANK YOU.

I WILL.

I'LL RETURN SHORTLY.

THANK YOU.

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