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THE BUILDING AND STANDARDS COMMISSION
[CALL TO ORDER]
MEETING TO ORDER FOR FEBRUARY 24TH OF 2021.LET THE RECORD REFLECT THAT THE TIME IS NOW 6:31 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL CALL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
UH, DO WE HAVE PABLO ABILA OR VICE CHAIR? I DON'T BELIEVE HE IS WITH US YET.
UM, HOW ABOUT SHODDY?
WHERE DO YOU THOMPSON? MARTY THOMPSON IS PRESENT.
JAMES, BRUCE, DANIELLE I'M HERE.
AND SHE DOES NOT APPEAR TO BE HERE EITHER.
AND DO WE HAVE CHIEF TOM VOKEY? THE FIRE MARSHALL? YES MA'AM I'M HERE.
AND DO WE ALSO HAVE ASSISTANT CHIEF JEFFREY KENNEDY WITH US THIS EVENING? I THINK HE WAS JUST GONNA LISTEN IN ON THE, ON THE, UH, OTHER SIDE.
SO HE MAY NOT BE IN THIS PART OF IT.
HE MIGHT NOT BE ALLOWED TO TALK.
WELL, WELCOME IF HE'S HERE AND THEN ALSO ON THE SCREEN, I WOULD LIKE TO GO AHEAD AND INTRODUCE BRANDON CARR OR ASSISTANT CITY ATTORNEY.
AND MS. MELANIE ALLEY, THE BUILDING AND STANDARDS COMMISSION COORDINATOR, WHO WILL BE INTRODUCING THE CASES HERE.
[CITIZEN COMMUNICATION: GENERAL]
THE CASES ARE CALLED TONIGHT, THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
ALSO, PRIOR TO THE CASE, AS BEING CALLED, THE COMMISSION WILL HEAR PUBLIC COMMENT FROM INTERESTED PARTIES REGARDING ITEMS THAT ARE ON TONIGHT'S AGENDA.
SO I WILL CALL YOU AFTER CITIZENS COMMUNICATION TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER SEVEN CASES FROM SEVEN PROPERTIES.
THE CASES TYPICALLY ARE 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 DO SO TONIGHT.
AND I WILL ANNOUNCE THE ORDER, UM, BEFORE WE HEAR THE FIRST CASE, 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, AND PROBABLY MOST IMPORTANTLY, TONIGHT, PLEASE KEEP YOURSELF MUTED UNLESS YOU ARE SPEAKING.
OR YOU'VE BEEN ASKED TO SPEAK THE COMMISSION'S COORDINATOR, MELANIE ALLIE WE'LL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.
WHEN EACH AGENDA ITEM IS CALLED, I WILL ASK IF THE OWNER AND OR REPRESENTATIVE OF THE PROPERTY IS PRESENT.
AT WHICH TIME PLEASE ACKNOWLEDGE YOU ARE PRESENT FOR YOUR CASE AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.
ANY QUESTION ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL THEN HAVE, HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION AND OUR DESIGNATED TIME KEEPER FOR THIS EVENING.
IF YOU COULD PLEASE INTRODUCE YOURSELF, THIS IS DANIEL MURPHY WITH AUSTIN CITY HALL.
SO AFTER YOU HAVE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS 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 DECISION, THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS
[00:05:01]
FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE HAS CALLED WITNESSES TESTIFY UNDER OATH.
SO ANY PERSON WHO WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION TONIGHT, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN AND TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I'LL READ OUT THE OATH.
AND THEN AFTERWARDS, I WILL ASK YOU TO SPEAK UP ONLY IF YOU DID NOT AGREE WITH IT.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
AND IF ANYONE OBJECTS TO THE, TO THIS OATH, PLEASE STATE SO NOW, OKAY.
IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO SIT IT'S CITIZEN COMMUNICATION AND PUBLIC COMMENT CHAIR.
I BELIEVE WE HAVE ONE PERSON SIGNED UP FOR CITIZEN'S COMMUNICATION.
THAT'D BE CASSANDRA SHAN BALM FROM, OKAY.
AND CASSANDRA, SEAN BALM, ARE YOU WITH US ON THE LINE RIGHT NOW? YES, I AM.
CAN YOU HEAR ME? WE CAN, YES, PLEASE.
I REPRESENT THE SOLARIS DEPARTMENT I'M REQUESTING TODAY.
THAT PENALTIES THAT WERE OCCUR, INCURRED AGAINST SOLARIS IN CASE NUMBER 2019 DASH TWO TWO THREE EIGHT SIX ZERO.
BE HEARD ON NEXT MONTH'S AGENDA.
UM, THE PENANCE PENALTIES ACCRUED BECAUSE OF CODE VIOLATIONS.
UM, SOLARIS DID MAKE A GOOD FAITH EFFORT TO COMPLETE THE REPAIRS.
THEY SPENT OVER $20,000 ON THE REPAIRS WITHIN THE TIMEFRAME THAT WAS GIVEN.
HOWEVER, THIS WAS RIGHT WHEN COVID STARTED, IT TOOK SEVERAL MONTHS FOR SOLARIS TO GET THE REPAIRS INSPECTED BY CODE.
THERE WERE SOME ADDITIONAL REQUESTS REGARDING THE SCOPE OF THEIR REPAIRS.
THOSE WERE PROMPTLY COMPLETED BY SOLARIS, BUT BY THE TIME ALL WAS SAID AND DONE, THERE WERE $25,000 PLUS IN PENALTIES THAT HAD A GROOVE, UM, REGARDING THE PROPERTY BRIEFLY, SOLARIS IS A LEADER IN LOW-INCOME HOUSING AND SOUTHEAST AUSTIN.
IT RESERVES 67% OF ITS UNIT TO LOW-INCOME RESIDENTS.
UH, IN LATE 2020 IN COOPERATION WITH AUSTIN CODE DEPARTMENT SOLARIS SPEND APPROXIMATELY $180,000 MAKING HEALTH AND SAFETY REPAIRS TO ITS PROPERTY.
UM, SOLARIS WOULD LIKE THE CHANCE TO EXPLAIN TO THE BFC WHY THE PENALTY SHOULD BE REDUCED.
SOLARIS IS COMMITTED TO MAINTAINING THE SAFETY OF ITS PROPERTY AND WOULD LOVE TO HAVE THIS MONEY GOING TOWARDS SOMETHING MORE MEANINGFUL ON THE PROPERTY INSTEAD OF AS PENALTIES.
SO WE HOPE THAT YOU ALLOW SOLARIS A CHANCE TO SPEAK IN MORE DETAIL AT THE NEXT MEETING.
UH, WE WILL TAKE A LOOK AT FUTURE AGENDA ITEMS AT THE END OF TONIGHT'S MEETING, AND WE WILL CERTAINLY CONSIDER YOUR REQUEST.
DO I NEED TO STAY ON THE LINE FOR THAT? THAT IS ENTIRELY UP TO YOU.
UH, YOU KNOW, BENEFITS WILL BE POSTED FROM THE MEETING AND OF COURSE, IF YOU ARE ADDED TO THE AGENDA, THEN I BELIEVE OUR, OUR STAFF WILL REACH OUT TO YOU TO LET YOU KNOW.
NOW I BELIEVE WE ALSO HAVE ONE SPEAKER FOR PUBLIC COMMENT AND THIS WOULD BE REGARDING AGENDA ITEM NUMBER SEVEN.
DO WE HAVE, UH, A JACK OR TRAY NICOLE WITH US TONIGHT? YES.
THANK YOU EVERYBODY FOR YOUR CONSIDERATION.
MY PROPERTY AND HOME IS ADJACENT TO OH SEVEN NEW MEANING.
UH, MY HOME, IT WAS BUILT IN 1903 AND AS PART OF THE HISTORIC PRESERVATION, UH, TRAVIS HEIGHTS, 1407 LI-NING AVENUE IS A HEALTH AND SAFETY RISK FOR THE NEIGHBORHOOD.
IT'S DILAPIDATED STATE DISHONORS.
THE NEIGHBORHOOD'S HISTORY CREATES A PUBLIC NUISANCE AND INVITES PROBLEMS OF ALL SORTS.
I'M ASKING THE CITY TO EXERCISE ITS AUTHORITY, TO DEMOLISH THE STRUCTURE ITEM.
NUMBER ONE, THE STRUCTURE IS ABANDONED.
IT'S AN EXTREME DILAPIDATED STATE AND IS UNFIT FOR HUMAN HABITATION HAS A LARGE TWO TO THREE FOOT HOLE DIAMETER HOLE IN THE ROOF WHERE WEATHER AND ALL KINDS OF ANIMALS ENTER THE BACK DECK POISED ON THE EDGE OF A STEEP DROP.
ADJACENT TO LITTLE STACEY PARK IS SEPARATING FROM THE STRUCTURE AND IS UNSTABLE ITEM TO THE ELECTRICAL LINES, TO THE HOME SEQ SO LOW.
THEY ARE WITHIN ARM'S REACH CREATING A FIRE HAZARD.
WE BROUGHT THIS TO THE, TO THE, TO THE, UH, TO THE COMMITTEE AND, UH, THEY WERE ABLE TO TAKE CARE OF IT, BUT WE HAD QUITE A PROBLEM FOR QUITE SOME TIME.
[00:10:01]
THREE, WILD ANIMALS, ANIMALS HAVE TAKEN UP RESIDENCE THERE, VULTURES ENTER THE ROOF HOLE.I SEE THEM DAILY, A PACK OF COYOTES LURK UNDER THE DECKING IN DEN THERE OVERNIGHT.
I'VE HEARD OTHER NEIGHBORS YELL FOR THEIR, UH, SCHOOL-AGED CHILDREN TO COME IN BECAUSE IT'S GETTING DARK AND THE COYOTES WILL BE OUT.
THIS IS JUST A TRAVESTY ITEM THREE.
THE YARD IS FILLED WITH ACCUMULATED RUBBISH, EMPTY POTS AND TRASH CANS.
SIT WITH STAGNANT WATER FOR MOSQUITOES TO BREED IN OUR PORCH WAS UNUSABLE IN THE FALL BECAUSE OF SWARMS OF MOSQUITOES.
SO EVERYTHING ON THE PROPERTY IS EASILY ACCESSIBLE TO ANYONE THAT WANDERS ON THE PROPERTY.
THIS CREATES AN ATTRACTIVE NUISANCE FOR KIDS TO ENTER IN PLAY AND POTENTIALLY BE HURT.
IN MY FINAL ITEM, IT CREATES A RISK FOR USE FOR ILLEGAL ACTIVITY, DRUGS OR CRIME IN HOMELESS SQUATTING.
IT REDUCES, UH, PROPERTY VALUES.
IN CONCLUSION, I WOULD STRONGLY URGE THE CITY AND THIS COMMITTEE TO USE ITS AUTHORITY TO PROTECT THE HEALTH AND SAFETY OF ITS RESIDENTS BY ORDERING THE STRUCTURE TO BE DEMOLISHED AND THE RUBBISH COLLECTED, NO OTHER OUTCOME IS APPROPRIATE.
GRIBBEN GIVEN THE CONSISTENT DISREGARD THE PROPERTY OWNER IS, HAS FOR HER OBLIGATION TO COMPLY WITH THE CITY ORDINANCES AND HER NEIGHBORS, HEALTH AND SAFETY.
THANK YOU FOR YOUR CONSIDERATION AND TIME THAN I THANK YOU, MR. NICOLE.
AND WE WILL BE OF COURSE, DISCUSSING THIS ITEM SHORTLY.
UM, BEFORE WE TAKE UP THE FIRST AGENDA ITEM, I WOULD LIKE TO ANNOUNCE THE ORDER IN WHICH WE WOULD LIKE TO TAKE UP OUR CASES.
SO WE WILL HEAR ITEMS NUMBER ONE, TWO, AND THREE, WHICH ARE THE CASES ON CONGRESS AVENUE.
AND THEN WE TAKE UP ITEM NUMBER SEVEN, WHICH IS THE PROPERTY ON NUDING AND THEN ITEM NUMBER SIX, WHICH IS THE PROPERTY ON SPRINGDALE ROAD.
AND THEN ITEM NUMBER FOUR, WHICH IS ON SHOPPER ROW.
AND THEN ITEM NUMBER FIVE, WHICH IS ON 14TH STREET CHAIR.
[APPROVAL OF MINUTES]
THE MINUTES BEFORE WE MOVE ON TO THE CASES, THAT'S AN EXCELLENT IDEA.COPIES OF EVERYONE HAD A CHANCE TO REVIEW THE MINUTES FROM LAST MONTH'S MEETING.
THERE SHOULD BE COPIES IN YOUR GOOGLE DRIVE FOLDER.
WOULD ANYONE LIKE TO MAKE A MOTION? MOTION TO ACCEPT THE MINUTES? OKAY.
WOULD ANYONE LIKE TO SECOND I'LL SECOND? IS THAT COMMISSIONER MUELLER? YES.
ALL IN FAVOR OF APPROVING THE MINUTES FROM THE JANUARY SPECIAL CALLED MEETING OF THE BUILDING AND STANDARDS COMMISSION SAY AYE, AND PERHAPS WAVE IF YOU HAVE YOUR VIDEO ON BYE BYE.
AND IS ANYONE OPPOSED? AND DID ANY COMMISSIONERS ABSTAIN? OKAY, SO WE HAVE ALL IN FAVOR WAS I'M SORRY.
UH, DO WE HAVE A GOOD COUNT OF ALL THE COMMISSIONERS THAT ARE CURRENTLY PRESENT? WE HAVE MYSELF CHAIR FREIBERGER.
WE HAVE COMMISSIONER GREENE, COMMISSIONER MUELLER, COMMISSIONER STOVES, DEAD COMMISSIONER OGEN, BODIE COMMISSIONER.
AND I BELIEVE THAT IS EVERYONE PRESENT.
W SHALL WE HEAR THE CASES? YES.
[Items 1 - 3]
ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR ITEMS ONE THROUGH THREE, WHICH ARE REGARDING THE COMMERCIAL PROPERTIES LOCATED AT NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVENUE.WHILE THOSE, THE, ALTHOUGH THESE ARE SEPARATE CASES, ALL THREE BUILDINGS HAVE A COMMON OWNER.
THE EXHIBITS CAN BE FOUND IN THE TAN BOOKS IN THE GOOGLE DRIVE FOLDER, AND THE CASE NUMBERS ARE AS FOLLOWS 907.
CONGRESS IS CASE NUMBER SEAL 2020 (100) 230-4909.
CONGRESS IS CASE NUMBER CL 2021 ZERO ZERO TWO THREE TWO ONE AND NINE 11.
CONGRESS IS CASE NUMBER CL 2021 ZERO
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ZERO TWO THREE TWO SEVEN.ALL THREE BUILDINGS ARE IN A HISTORIC DISTRICT AND NINE OH SEVEN AND NINE OH NINE.
CONGRESS HAVE HISTORIC LANDMARK DESIGNATIONS KNOWN AS THE GRANBURY BUILDING AND THE MITCHELL ROBERTSON BUILDING RESPECTIVELY, THE STRUCTURE SHARE COMMON WALLS.
EACH OF THE THREE STRUCTURES HAVE SUBSTANDARD AND UNSAFE CONDITIONS REQUIRING REPAIR FIRST ESCALATED TO THE BSC.
IN 2014, THESE CASES WERE WITHDRAWN DUE TO WORK WITH THE HISTORIC LANDMARK COMMISSION OR THE HLC IN 2018, THE HLC APPROVED, BUT NEVER GRANTED A CERTIFICATE OF APPROPRIATENESS FOR ALL THREE BUILDINGS, BECAUSE A DETAILED PRESERVATION PLAN WAS NEVER SUBMITTED AND FINALIZED IN 2021.
THE CASES APPEARED FOR THE FIRST TIME BEFORE THE BC BSC ALL STILL IN DISREPAIR WITH UNSAFE CONDITIONS.
THE HEARING WAS CONTINUED TO TONIGHT'S MEETING WITH THE REQUIREMENT THAT THE OWNER'S REPRESENTATIVES REPORT BACK TO THE COMMISSION AND PROVIDE THE FOLLOWING FINDINGS OF THE FEBRUARY 22ND, 2021 HLC MEETING, WHICH HAS SINCE BEEN CANCELED A TIMELINE OR SCHEDULE FOR THE REPAIRS AND THREE, AND ADDRESS THE ITEMS IN THE RECOMMENDED ORDER CITED BY THE CODE DEPARTMENT.
PLEASE KNOW THAT THE HLC MEETING WAS CANCELED, AS I JUST SAID.
AND ADDITIONALLY, IT IS MY UNDERSTANDING THAT ONCE A DETAILED PLAN IS SUBMITTED TO THE HLC AND APPROVED AN AMENDED CERTIFICATE OF APPROPRIATENESS WILL BE GRANTED AND THE OWNER CAN THEN MOVE FORWARD WITH HIS PLANS.
UM, IN THE GOOGLE DRIVE FOLDER, YOU WILL FIND EXHIBIT SEVEN, NINE AND 11, WHICH CONTAIN THE UPDATED COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE NOTICES FOR TONIGHT'S HEARING AND THE POSTINGS AND EXHIBITS EIGHT, EIGHT THROUGH EIGHT D 10, EIGHT THROUGH 10, C AND 12, EIGHT THROUGH 12 C, WHICH CONSIST 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 PHOTOS IN THE CASE OR IN EACH OF THE THREE CASES MARKED AS EXHIBITS EIGHT, EIGHT THROUGH EIGHT D 10, EIGHT THROUGH 10, C AND 12, EIGHT THROUGH 12 C.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.
IF YOU CAN PULL UP COMMISSIONER GREEN.
CAN I INTERRUPT FOR A SECOND? HELLO? YES, PLEASE.
I KNOW SEVEN DASH NINE 11 CONGRESS PRE ADMINISTRATE, UH, EXHIBITS.
IS THAT WHAT WE'RE SUPPOSED TO BE LOOKING AT? NO, SIR.
THOSE WELL, YOU CAN LOOK AT THOSE.
THOSE WERE PREVIOUSLY ADMITTED EXHIBITS FROM LAST MONTH.
SO IF YOU LOOK FURTHER DOWN, THERE'S SOME TAN FOLDERS THAT WOULD HAVE THE EXHIBITS FOR THIS MONTH, BUT YOU'RE WELCOME TO LOOK AT ALL OF THOSE FOR SURE.
I DON'T KNOW THE GUY WE'RE TRYING TO GET WILLIS ONLINE.
I WAS JUST ABOUT TO ASK WE'LL LOOK AT THE OKAY.
UM, THESE THREE PROPERTIES ARE OWNED BY DALTON.
WALT WALLACE REQUIRED IMMEDIATE ATTENTION AND RESTORATION AS PREVIOUSLY ADDRESSING OUR PRIOR BSE HEARING NOTICE.
NO, THIS IS THE VIOLATIONS WERE SENT FOR ALL THREE PROPERTIES.
I ALSO COMMUNICATED WITH MR. WALTON AND, UH, MR. WALLACE, I'M SORRY.
AND HE, UM, EXPRESSED THAT HE HAD NO TIMELINE AT THE TIME THAT HE WAS BEING HELD UP BY THE BSE COMMISSION OR NOT THE COMMISSION, BUT THE HISTORICAL COMMISSION.
HE WAS WAITING ON THEM TO ADDRESS THE PROPERTIES.
THE FOLLOWING CONDITIONS WILL BE EXPLAINED.
AND FOR THOSE, UH, EIGHT, A THROUGH EIGHT D FOR THE PROPERTY AT NINE OH SEVEN CONGRESS AVENUE, THAT IS A CONTEXTUAL PHOTOGRAPH OF ALL THREE PROPERTIES.
THE ONE ON THE RIGHT IS ACTUALLY NINE OH SEVEN AND THE ONE IN THE CENTER IS ACTUALLY NINE OH NINE.
AND THE ONE ON THE FAR LEFT WILL BE NINE 11.
THIS IS THE PHOTOGRAPH OF NINE OH SEVEN.
AND YOU CAN SEE THAT THERE IS SOME DAMAGE ON THE FRONT FACADE.
THERE IS A GAPS BETWEEN THE FIRST FLOOR AND THE SECOND FLOOR, THERE'S ELECTRICAL WIRE HANGING OFF THE FACADE.
UH, ALSO THIS PROPERTY SHARES THE ROOF LINE WITH NOT ALL NINE IN THE ROOF HAS COLLAPSED AND
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IS ACTUALLY SAGGING.I MET WITH THE OWNER OF NINE OH FIVE AND HE'S ALSO HAVING SOME ISSUES WITH THE ADJACENT, WITH THE, WITH THE WALLS THEY SEPARATE BETWEEN THE TWO PROPERTIES.
THIS IS THE LOWER LEVEL AT THE GROUND LEVEL IN CONGRESS AVENUE.
AS YOU CAN SEE THE, UH, BOARDS HAVE DETERIORATED ALLOWING SMALL ANIMALS OR WROTE IN THIS POSSIBLY THE INNER INSIDE THE STRUCTURE WILL NOT PROCEED OVER TO, UH, PHOTOGRAPHS OF NINE, OR THAT'S A REAR PHOTOGRAPH OF DONALD SEVEN.
I'M SORRY, SHOWING YOU THIS SECURE FROM THE BAG PROCEEDING TO PROPERTY NINE OH NINE.
AGAIN, THERE'S A FRONT CONTEXTUAL SHOWING GAP, UH, BETWEEN THE LOWER LEVEL AND THE UPPER LEVEL, WHICH ALLOW BIRDS TO NEST, UH, POSSIBLY, UH, OTHER ANIMALS TO ENTER NEXT PHOTOGRAPH.
THAT IS THE LOWER LEVEL DETERIORATION FOR THE BOARDS.
THEY'VE COVERED IT UP, UH, THE FRONT FACADE WITH NEXT, FOR THE GRAPH THAT IS THE REAR PORTION OF THE PROPERTY.
YOU CAN SEE THAT THE ELECTRICAL METER HAS BEEN PULLED FOR NINE OH NINE AS FOR ALL THE OTHER TWO S TO THE OTHER TWO PROPERTIES AS WELL.
THIS IS A PHOTOGRAPH FROM THE NORTH END OF THE NINE 11.
YOU CAN SEE THAT THE THERE'S A SEPARATION OF THAT LOWER FACADE, THE BRICK.
UH, THIS IS ONE OF THE CONCERNS I HAVE WITH THE PROPERTY.
WHEN I FIRST WENT TO THE LOCATION THAT THIS SIDE OF CONGRESS AVENUE, THE EAST SIDE, IF YOU'RE HEADING NORTH IS TRAVELED EXTENSIVELY BY, BY PEOPLE GOING TO WORK, UH, BY TOURISTS IN THE AREA, AS IT'S NOT VERY FAR FROM OUR STATE CAPITOL, UH, I'VE ALWAYS FELT THIS, THIS WAS A DANGEROUS SITUATION.
UH, THIS PROPERTY HAS BEEN LIKE THIS FOR QUITE A LONG TIME.
WE DON'T KNOW HOW, WHAT THE EXTENT OF THE SEPARATION IS, AND I WOULD NOT FEEL COMFORTABLE WALKING PAST THERE EVERY DAY, DILAPIDATED BUILDING NEXT PHOTOGRAPH.
UH, HOW IS THE FRONT OF THE, UH, NINE 11, AS YOU CAN SEE, THERE HAS BEEN BRICKS THAT HAVE FALLEN APART.
THERE'S A SCREEN MESH THAT COVERS THE UPPER HALF.
UH, BUT AGAIN, UH, PERSONS TRAVELING BY THERE, ALL IT TAKES IS ONE BRICK AND SOMEBODY GETS INJURED AND, AND WE'RE IN A HOT WATER HERE.
THE THREE WINDOWS HAVE BEEN BRICKED IN BY CINDERBLOCKS WITH ONE OPENING, ALLOWING BIRDS, UH, TO GET IN THERE AS WELL, AND POSSIBLY SMALL RODENTS FROM THE TREE, THE OAK TREE IN FRONT OF IT.
THIS CONCLUDES MY PRESENTATION.
UH, AS I MENTIONED IN THE PREVIOUS, UH, HEARING THAT I FEEL THESE, THESE BUILDINGS ARE UNSAFE.
UH, THEY, THEY, UH, THEY HAVE SECURITY ISSUES.
UH, THE ROOF IS DAMAGED ON TWO OF THE STRUCTURES.
UM, I'M CONCERNED ABOUT POSSIBLY FALLING, UH, BRICKS FROM THE FRONT FACADE.
UH, IT IS A SAFETY ISSUE AS WELL AS A PUBLIC NUISANCE.
AND THIS PROPERTY HAS BEEN IN THIS CONDITION FOR, FOR OVER A DECADE.
THAT CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT SEVEN, NINE, AND 11, 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 D 10, EIGHT THROUGH 10, C AND 12, EIGHT THROUGH 12 C ALSO CHAIR.
BEFORE I READ THE ORDERS INTO THE RECORD, I WOULD LIKE TO MAKE ANOTHER REQUEST BECAUSE THE RECOMMENDED ORDERS ARE ALL THE SAME ARE THE SAME FOR ALL THREE PROPERTIES, WHERE WE ARE REQUESTING THAT ONE RECOMMENDED ORDER BE READ INTO THE RECORD WITH THE UNDERSTANDING THAT WE ARE REQUESTING THAT SEPARATE ORDERS BE ISSUED IN EACH OF THE THREE CASES STAFF.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING IN EACH OF THE THREE REFERENCE CASES.
ONE REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING SEEKING HISTORIC LANDMARK APPROVAL, IF NECESSARY, CORRECT THE CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE STRUCTURES
[00:25:02]
AND C REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 91ST DAY, IF THERE ARE REPAIRS REQUIRED BY THIS ORDER ARE NOT COMPLETE ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.UM, I WOULD LIKE TO GO AHEAD AND ADMIT THE EXHIBITS STAFF EXHIBITS SEVEN AND EIGHT, A THROUGH EIGHT D EXHIBIT NINE AND EXHIBIT 10, EIGHT THROUGH 10 C EXHIBIT 11 AND EXHIBIT 12 A THROUGH 12 C.
AND DO WE HAVE LEAH BOGGIO ON THE LINE AS THE OWNER'S REPRESENTATIVE? YES, YOU DO.
AND THEN, DO WE ALSO HAVE A CHARLIE DORIS DORSO NAO ON THE LINE AND IF SO, DOES HE ALSO WANT TO SPEAK? HE DOES NOT NEED TO SPEAK.
UM, SO I'M LEAH BODA WITH JENNER GROUP HERE ON BEHALF OF THE PROPERTY OWNER, MR. DALTON WALLACE.
UM, I APPRECIATE YOU, UH, CONTINUING TO ASK TO THIS MEETING, AND I WOULD LIKE TO REPORT TO YOU WHAT WE HAVE, I'M SORRY, ON WHAT WE HAVE DONE IN OVER THE, OVER THE COURSE OF THE LAST MONTH, SINCE THEIR LAST MEETING.
UM, I BELIEVE THAT WHAT YOU ASKED US TO COME BACK TO YOU WITH SIMILAR TO WHAT WAS REPORTED EARLIER WAS INFORMATION ON THE HISTORIC LANDMARK COMMISSIONS DIRECTION AND APPROVAL, UM, ON INFORMATION RELATED TO THE CITED VIOLATIONS AND A TIMELINE TO REPAIR, AS WELL AS, UM, INFORMATION RELATED TO OBTAINING AND FINALIZING THE PERMITS REQUIRED TO DO THAT REPAIR.
UM, I WILL, UM, I'LL START WITH HISTORIC LANDMARK COMMISSION.
SO WHILE, YOU KNOW, GIVEN THE EVENTS OF LAST WEEK, UH, WHERE WE, WE ALL REALLY LOST A WEEK OF OUR LIVES, UH, I, I FEEL LIKE WE ACTUALLY DID MAKE SOME PRETTY GOOD PROGRESS WITH HISTORIC LANDMARK COMMISSION IN SPITE OF, UM, NOT BEING ABLE TO GO TO THEIR FULL COMMISSION HEARING.
WE DID GO TO THE ARCHITECTURAL REVIEW COMMITTEE, UH, ON THE 12TH OF FEBRUARY, UH, AND WE WERE ABLE TO DISCUSS THE CASE WITH THEM AND DISCUSS OUR PROPOSAL WITH THEM AND GET SOME FEEDBACK AS FAR AS WHAT THEY'RE LOOKING FOR, WHAT THEIR PRIORITIES ARE, UM, YOU KNOW, WHAT THEY WOULD BE WILLING TO, UH, TO ENTERTAIN, WHICH WAS VERY HELPFUL INFORMATION.
I DON'T KNOW IF MR. SEDOWSKY IS ALSO ON THE LINE, BUT, UM, IF HE'S NOT, I CAN ELABORATE ON THAT, BUT I'LL LET HIM DO THAT IF HE'S, IF HE'S AVAILABLE.
UM, UNFORTUNATELY IT WAS IMMEDIATELY AFTER THAT MEETING ON THE 12TH THAT, UM, THE, THAT THE CITY, YOU KNOW, THE WHOLE CITY, UH, PRETTY MUCH CLOSED DOWN FOR THAT WEEK.
SO WE WEREN'T REALLY ABLE TO, UM, GET TO TURN THAT FEEDBACK INTO THE PROPOSAL THAT I HOPED TO BRING TO YOU AND TO BRING TO HLC.
UM, BUT, UH, LIKE I SAID, I DO FEEL GOOD ABOUT THE INFORMATION THAT WE GOT FROM THEM AND IN PARTICULAR, UM, WHAT WE GOT SOME GUIDANCE ON WAS THAT IT SOUNDED LIKE THEY WERE MORE FOCUSED ON THE FACADE THAN THEY WERE ON THE REST OF THE STRUCTURES, WHICH IS IMPORTANT FOR US TO KNOW, UM, YOU KNOW, BEING THAT THESE, UM, BEING THAT THESE BUILDINGS ARE IN A HISTORIC DISTRICT AND THE TWO OF THEM ARE LANDMARKS.
YOU KNOW, WE HAVE TO HAVE HISTORIC LANDMARKS COMMISSION'S APPROVAL TO DO, TO DO ANYTHING TO THEM, BUT IT WAS VERY HELPFUL TO KNOW AS WE PUT OUR PROPOSAL TOGETHER, THAT'S REALLY THE FACADE.
UM, SO THE, UM, SO, YOU KNOW, WE, AS FAR AS, AS FAR AS THE SORT OF OUR NEXT STEPS, AND AS FAR AS, UM, OUR TIMELINE FOR, AND FINALIZING OBTAINING AND FINALIZING PERMITS, THE WAY THAT I SEE THIS GOING IS I, I WOULD EXPECT IT WILL GO BACK TO THE ARCHITECTURAL REVIEW COMMITTEE IN MID MARCH.
THEY MEET, UM, SOMEWHERE, UH, I THINK MIDDLE TO END OF THE SECOND WEEK OF MARCH.
AND WE'LL GO BACK TO THEM WITH A MORE DETAILED PROPOSAL BASED ON THE FEEDBACK THAT THEY GAVE US BEFORE.
UH, AND THEN WE WOULD THAT PROPOSAL TO THE FULL HISTORIC LANDMARK COMMISSION ON MARCH 22ND.
UM, GIVEN THAT WE HAVE, YOU KNOW, HAD THAT FEEDBACK AND WE'LL HAVE GOTTEN TO VISIT THE ARCHITECTURAL REVIEW COMMITTEE TWICE I'M TWICE.
I'M OPTIMISTIC THAT WE WOULD GET THAT APPROVAL AT HLC ON MARCH 22ND, UM, THROUGH THE CONVERSATIONS WE'VE HAD WITH MR.
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LANDMARK COMMISSION, UM, AND THEN WOULD BE ABLE TO START THAT WORK IMMEDIATELY.UM, SO MY REQUEST TO YOU, AGAIN, IN PARTICULAR, IN LIGHT OF THE EVENTS OF THE LAST WEEK, BUT ALSO JUST IN GENERAL, BASED ON THE PROGRESS THAT WE'VE MADE WOULD BE THAT YOU LET US CONTINUE ON THIS PATH, UM, WITH HISTORIC LANDMARK COMMISSION AND WITH MR. SEDOWSKY AND, UM, REPORT BACK TO YOU AGAIN, ASK FOR A CONTINUANCE AND THEN REPORT BACK TO YOU AGAIN AT YOUR MARCH MEETING, WHERE WE, WE HOPEFULLY WILL HAVE AN APPROVAL IN HAND FROM HISTORIC LANDMARK COMMISSION THAT MEETS JUST A COUPLE OF DAYS BEFORE YOU ALL IN MARCH.
AND I'M HAPPY TO ANSWER ANY QUESTIONS.
UM, AND TO BE CLEAR, I DON'T BELIEVE MR. SEDOWSKY IS WITH US THIS EVENING.
SO, AND WERE YOU SWORN IN EARLIER? YES.
IF YOU WOULD LIKE TO SPEAK TO, UM, THIS ITEM, THAT WOULD BE WONDERFUL.
I DON'T REALLY HAVE ANYTHING TO ADD.
I THINK MS. JOE DID A GOOD JOB OF SUMMARIZING WHERE WE ARE IN THE CONVERSATIONS THAT WE'VE HAD.
THE ARCHITECTURAL REVIEW COMMITTEE, UH, GAVE SOME DIRECTION TO THE APPLICANT, UH, AND, UH, I BELIEVE THEY, THEY PRELIMINARILY CLEARED THE, UH, DEMOLITION OF THE BACK PART, THE BUILDING AND THE ROOF.
SO THAT WOULD, UH, ALLEVIATE OR HOPEFULLY ELIMINATE THOSE SAFETY HAZARDS TO ADJACENT BUILDINGS.
UH, AND ALSO JUST WITH THE ROOF COLLAPSING, UM, ON THE FACADES, THEY, UH, GAVE DIRECTION TO THE BUILDING OWNERS AGENT, AND I AM LOOKING FORWARD TO THE PLAN, UM, MOVING FORWARD.
UH, IT'S REALLY UNFORTUNATE THAT WE HAD TO CANCEL OUR MEETING THIS PAST MONDAY BECAUSE I WAS HOPING TO HAVE SOME SORT OF RESOLUTION HERE, BUT I THINK WE CAN GO PART OF THE WAY, UH, WE'VE GOT THE DIRECTION.
UH, THE APPLICANT IS PUTTING TOGETHER A PLAN THAT THE ARCHITECTURAL REVIEW COMMITTEE WILL THEN REVIEW, BUT, UH, IT DOES NOT APPEAR THAT, UH, THE COMMITTEE HAD ANY SORT OF, UH, RESERVATIONS ABOUT DEMOLITION OF ANYTHING BEHIND THE FACADE.
SO IF THAT HELPS TO ALLEVIATE THE SAFETY ISSUES, I THINK THAT WOULD BE, THAT WOULD BE APPROPRIATE TO INCLUDE AN ORDER.
THANK YOU, MR. SEDOWSKY AND FOR THE RECORD, COULD YOU JUST STATE YOUR NAME BECAUSE WE DIDN'T ACTUALLY HAVE YOU LISTED HERE? WELL, SURE.
STEVE SEDOWSKY, I'M THE SPACE HISTORIC PRESERVATION OFFICER.
UM, I HAVE A COUPLE OF QUESTIONS BEFORE I TURN THIS OVER TO THE COMMISSIONER FOR FURTHER QUESTIONS.
SO IT, IT, IT SOUNDS AS THOUGH A LITTLE BIT OF DEMOLITION HAS ALREADY OCCURRED DUE TO THE ROOF PARTIAL ROOF COLLAPSE.
IS THERE ANY OTHER HOLDUP TO DEMOLISHING THE BACK PART OF THE STRUCTURE? SO WE HAVE, WE HAVE NOT YET BEEN ABLE TO BEGIN THAT DEMOLITION BECAUSE WE HAVE TO GET THE PERMIT, UM, APPROVED EVEN THE, UH, THE ARCHITECTURAL REVIEW COMMITTEE WILL GIVING DIRECTION, AS FAR AS I UNDERSTAND, CAN'T APPROVE THE PERMIT.
SO WE, WE HAVE NOT YET BEEN ABLE TO GET THAT PERMIT, BUT WE HAVE, YOU KNOW, CONFIDENT THAT WE WILL BE ABLE TO GET IT AND BEGIN THAT WORK VERY QUICKLY.
SO EVEN THE PERMIT FOR DEMOLITION OF THE BACK OF THE STRUCTURE, WHICH THE HISTORIC LANDMARK COMMISSION APPARENTLY DOES NOT CARE ABOUT SO MUCH, THAT IS ALL TIED TO THE ARCHITECTURAL COMMITTEE'S APPROVAL OF YOUR PLAN.
IS THAT WHAT I'M HEARING? RIGHT.
WE WEREN'T ABLE TO GO TO THE FULL COMMISSION.
WE DID MEET WITH ARCHITECTURAL REVIEW COMMITTEE, WHICH IS, WHICH HAS SOME PARTICULARLY INFLUENTIAL MEMBERS OF THE COMMISSION, BUT BECAUSE THE COMMISSION, THE FULL COMMISSION MEETING WAS CANCELED, WE WERE NOT ABLE TO GO AND ASK THE FULL COMMISSION FOR THEIR INPUT FOR DECISIONS.
I'M GOING TO HAVE JUST ONE MORE QUESTION BEFORE I TURN THIS OVER.
UH, ARE THERE ANY OTHER MEASURES THAT COULD BE TAKEN MEANWHILE, TO ADDRESS SOME OF THESE LIFE SAFETY CONCERNS, YOU KNOW, COULD MORE NETTING BE ADDED TO THE FACADE, UM, YOU KNOW, ANYTHING LIKE THAT, THAT COULD, THAT COULD HELP ALLEVIATE OUR CODE OFFICER'S SAFETY CONCERNS FOR PEDESTRIANS ON THE SIDEWALK? UM, I, I THINK THAT SOMETHING WE COULD TALK ABOUT AS WE PUT TOGETHER, OUR MORE DETAILED PROPOSAL, UM, WHICH AGAIN, WE FORTUNATELY IMMEDIATELY, YOU KNOW, AFTER MEETING WITH THE
[00:35:01]
UM, I THINK WE CAN CERTAINLY TALK ABOUT THAT AND I CAN REPORT BACK TO YOU ON THAT NEXT TIME WHEN WE HAVE THAT MORE DETAILED PLAN THAT WE'VE, THAT WE'VE TALKED ABOUT WITH THEM.BUT I THINK RIGHT NOW THE MAIN, UM, FOCUS THAT WE HAVE IS HOW QUICKLY CAN WE GET THAT ASSAD DISMANTLED IN A WAY THAT HISTORICALLY, AND MARK FEELS COMFORTABLE AND REMOVE, YOU KNOW, COMPLETELY DEMOLISHED THE THINGS BEHIND IT, THE ROOF AND THOSE OTHER ASPECTS.
SO I, I UNDERSTAND WHERE YOUR FOCUS IS RIGHT NOW, BUT MY FOCUS RIGHT NOW IS A BRICK FALLING ON SOMEONE IN THE NEXT DAY.
AND WHAT I'M, WHAT I'M HOPING FOR IS SOME THAT COULD BE TAKEN THAT DOES NOT REQUIRE HISTORIC LANDMARK COMMISSION APPROVAL, YOU KNOW, IS THERE SOME, SOME MEASURE ON AN EMERGENCY BASIS THAT COULD BE TAKEN TO MAKE THIS A SAFER SITUATION? OKAY.
I THINK THAT'S MAYBE A QUESTION FOR MR. SEDOWSKY AS FAR AS WHAT WE CAN DO WITHOUT HLD APPROVAL.
UH, I THINK ADDITIONAL MEETING, UM, PATCHING SOME OF THE NETTING MED IS DAMAGED RIGHT NOW AT, UH, THAT WOULD NOT REQUIRE APPROVAL BY THE LANDMARKS COMMISSION.
AND, UH, I WOULD ENCOURAGE THE APPLICANTS TO CONSIDER METHODS OF, UH, PROTECTING PEDESTRIANS ON THE SIDEWALK BELOW FROM, UH, ANY, ANY THREAT OF FALLING MASONRY OR ANY OTHER DEBRIS.
YEAH, WE'RE HAPPY TO, WE'RE ABSOLUTELY HAPPY TO TAKE A LOOK AT THAT IMMEDIATELY.
FELLOW COMMISSIONERS QUESTIONS FOR THE PROPERTY REPRESENTATIVES AND OR FOR CITY STAFF SAID, COMMISSIONER GREEN.
UM, YOU SAID I'VE BEEN IN DISARRAY FOR OVER A DECADE.
IS THAT A QUESTION FOR ME? THAT WAS A WILLIS ADAMS, ALTHOUGH IT APPEARS WE ALSO HAVE PRIOR TO FOCI, WE DON'T SUPPLY TO SPEAK.
AND JUST TO ANSWER THAT QUESTION FROM THE FIRE DEPARTMENT STANDPOINT, I LOOKED INTO THIS A LITTLE BIT AND, UH, LOOKS LIKE THIS HAS BEEN IN OUR DANGEROUS STRUCTURE PROGRAM SINCE 2014.
SO WE'VE HAD IT IDENTIFIED AS A DANGEROUS STRUCTURE, UH, SINCE MARCH OF 2014, SEVEN YEARS 92.
UH, IS SOMETHING, THIS IS A WILLIS, IT WAS A COOL OFFICER.
I HAD A PROPERTY THAT WAS ON THE OPPOSITE SIDE OF THE NINE 16 CONGRESS.
IT WAS BROUGHT BEFORE THIS COMMISSION, UH, THE OWNER OF THAT PROPERTY HAD SCAFFOLDING PLACED UP ON THAT PROPERTY.
AND I WOULD THINK THAT POSSIBLY THAT MIGHT BE A RECOMMENDATION FOR THIS PROPERTY AS WELL.
THANK YOU, MR. ADAMS. UH, YES.
YOU ASKED THE QUESTION, I'M GONNA STRESS IT OUT.
CONTINUING ALONG THE LINES OF THE FAIR FIBER WITH PURSUING A MOMENT AGO.
UM, YOU MENTIONED THAT, UH, UH, NETTING, UH, WOULD NOT REQUIRE HLC APPROVAL.
UM, I GATHER FROM INSPECTOR ADAMS, UH, TESTIMONY THAT THERE WERE A NUMBER OF ISSUES.
THERE WAS A SECURITY ISSUE, PARTICULARLY WITH RESPECT TO, UH, ENTRY BY ANIMALS.
UM, AND, UM, AND THEN THERE WERE THE BRICKS IN THE FACADE.
UH, I GATHER THE ROOF ISSUE FROM WHAT WE'VE HEARD FROM THIS PHOTO IS, IS, UH, HAS BEEN AMELIORATED SOMEWHAT, BUT JUST ENLARGING ON CARE PREPPER QUESTION.
IS THERE ANY REASON FROM A HISTORIC PRESERVATION STANDPOINT, WHY SECURITY AND FACADE ISSUES CANNOT BE ADDRESSED IMMEDIATELY? UH, NO, THERE REALLY ISN'T AND THERE IS, YOU KNOW, THERE, THERE ARE A COUPLE OF OPTIONS HERE THERE'S, UH, REPLACING BOARDS FOR BOARDING UP THE FACADES, UH, THAT WOULD NOT REQUIRE A REVIEW BY THE LANDMARK COMMISSION.
UM, THE NETTING, UH, PROPOSED BY THE CHAIR WOULD ALSO NOT REQUIRE A REVIEW.
I THINK EVERYBODY'S ON THE SAME PAGE COMMISSIONER THAT, UH, WE, WE DON'T LIKE THE FACT THAT THIS IS A SAFETY HAZARD, UH, ON CONGRESS AVENUE, RIGHT IN THE MIDDLE OF OUR, UH, OUR DOWNTOWN.
UM, THEY, UH, WE HAVE TWO HISTORIC LANDMARK BUILDINGS.
SO THE FACADES OF BOWS WILL MEET TO BE, UH, REVIEWED, EVALUATED ANY PROPOSAL FOR THEM, UH, BY THE LANDMARK COMMISSION, BUT THAT DOES NOT STOP ANY SORT OF,
[00:40:01]
UH, EMERGENCY IMMEDIATE, UH, DECLARATION THAT WOULD NOT, UH, IMPACT THE VIABILITY OF THOSE BESIDES AT A LATER DATE.SORRY, I DIDN'T MEAN TO TALK OVER YOU.
I WAS JUST GONNA SAY, SO FOR EXAMPLE, IF WE WERE TO ADOPT MR. UM, INSPECTOR ADAM'S RECOMMENDATION AND REQUIRE THAT A SCAFFOLDING BE ASSUMING THAT'S WITHIN OUR PURVIEW, IT'D BE ARRESTED IN ADDITION TO ADDITIONAL NETTING, UH, THAT WOULDN'T REQUIRE APPROVAL BY THE HLC AT THAT'S THAT'S OUTSIDE OF YOUR PURVIEW.
YOUR CONCERN IS WITH HISTORIC PRESERVATION.
DID YOU HAVE ANOTHER COMMENT? I THINK I WAS COVERED BY MR. STODDARD.
WELL, I, I CERTAINLY HAVE SOME THOUGHTS ON THIS.
AGAIN, AS CHAIR, I AM NOT ALLOWED TO MAKE A MOTION, BUT, UM, IT, IT CERTAINLY IS WITHIN OUR PURVIEW TO ORDER SOMETHING SUCH AS A BOARD INSECURE OR, YOU KNOW, WHATEVER MEASURES MIGHT BE MOST APPROPRIATE TO MAKE THE SECURE.
AND, YOU KNOW, WE, WE CERTAINLY COULD PUT A SHORTER TIMEFRAME ON SOMETHING LIKE THAT.
SO I'M LOOKING AT THE RECOMMENDED ORDER.
THAT'S IN THE FOLDER, UM, ON THE GOOGLE DRIVE AND IT DOESN'T TELL US IT DOESN'T REALLY LIST ALL THE THINGS THAT THEY WERE SUPPOSED TO DO UNDER THAT ORDER.
I WONDER IF THERE'S A SHEET THAT DOES.
SO IF WE WANTED TO EDIT THAT LIST, SOMEHOW, YOU KNOW, WE WOULD KNOW, UH, HOW TO DO THAT.
YOU KNOW, IF WE WANTED TO MAKE A MOTION TO CARRY OUT THIS ORDER WITH, YOU KNOW, A CERTAIN MODIFICATION TO IT, IT JUST SAYS OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BLAH, BLAH, BLAH.
BUT I DON'T KNOW TO DO WHAT, YOU KNOW, DO WE WANT TO TAKE THE ROOT OUT? DO WE WANT TO ADD THE SCAFFOLDING IN COMMISSIONER MUELLER? YES.
THERE'S A CHART THAT I ATTACHED IN THE GOOGLE DRIVE FOLDER THAT LISTS ALL OF THE VIOLATIONS FOR EACH OF THE BUILDINGS.
YOU MIGHT WANT TO LOOK AT THAT IN YOUR, IN THE GOOGLE DRIVE FOLDER, THERE'S A CHART OF CITED STRUCTURAL VIOLATIONS.
IS IT COLOR CODED? UM, IT IS, IT LOOKS LIKE A KIND OF BLUE AND GRAY.
IT'S JUST A ONE PAGE DOCUMENT, MAKE A MISSION TO MUELLER.
IT'S NOT THE END OF ONE OF THE TAN FOLDERS.
IT'S A SEPARATELY SEPARATE DOCUMENT DOCUMENT WITH A GRID SORT OF MATRIX.
AND THOSE ARE EACH OF THE VIOLATIONS THAT WERE LISTED IN THE NOTICES OF VIOLATION.
SO THIS IS ALL OF WHAT THE ORDER WAS REFERRING TO THIS WHOLE LIST OF THINGS THAT NEEDED TO BE ADDRESSED.
CAN SOMEBODY SPILLED UP, UM, THAT'S NINE, SEVEN COMMA OR A NINE, NINE OH SEVEN SPACE NINE AND NINE 11 CODE VIOLATIONS DOCUMENT.
I REMEMBER THIS IS LISTING ALL OF THE VIOLATIONS.
IT WOULD STILL BE OUR CHOICE IF WE WANTED TO, YOU KNOW, IF WE WANT TO, WHATEVER WE DECIDED TO DO WITH THE STAFF'S RECOMMENDATION, IF WE DECIDE TO ACCEPT IT OR YOU, OR DIFFERENT ORDER, YOU KNOW, WE, WE CAN DO A SEPARATE ORDER OR ADD TO THE ORDER THAT IT NEEDS TO BE BOARDED AND SECURED WITHIN A CERTAIN TIME.
I MEAN, I'M THINKING THAT WE WANT TO MAKE A MOTION TO HAVE THEM BE AT LEAST SECURE THE PARTS OF THE BUILDING THAT ARE FACING THE STREET.
YOU KNOW, THE THINGS THAT ARE POTENTIALLY DANGEROUS TO PEDESTRIANS AND THEN COME BACK TO US AT THE NEXT MEETING, AFTER THEY'VE BEEN TO THE HISTORIC LANDMARKS, THEIR PLAN FOR ADDRESSING EVERYTHING ELSE.
UM, MR. CARR, ARE WE ABLE TO DO THAT? JUST ISSUE AN ORDER FOR BOARD INSECURE, BUT CONTINUE THE CASE TO EVERYTHING ELSE.
THIS IS BRANDON CARR, ASSISTANT CITY ATTORNEY.
UNDER THE TEXAS LOCAL GOVERNMENT CODE CHAPTER TWO 14.
YOU CAN'T ISSUE AN ORDER JUST TO SECURE, UM, THE QUESTIONS I WOULD HAVE FOR YOU TO ASK YOU TO THINK ABOUT WOULD BE A TIMEFRAME.
AND THEN ALSO WITH THE CIVIL PENALTIES STILL BE A PART OF YOUR ORDER.
AND IS THERE A MINIMUM TIMEFRAME THAT WE WOULD NEED TO PROVIDE? JUST AN ORDER FOR PROPER NOTICING
[00:45:01]
FOR SOMETHING SUCH AS A BOARD INSECURE? IT SEEMS TO ME WE'VE DONE THIS ON A VERY SHORT TIMEFRAME IN THE PAST.IT'S GENERALLY A, WHAT'S CONSIDERED A REASONABLE TIME FOR MOST LOCAL GOVERNMENT CODE ASSUMES THAT 30 DAYS IS REASONABLE FOR MOST CIRCUMSTANCES, BUT IF THIS IS AN EMERGENCY, THEN YOU CAN CONSIDER A SHORTER TIMEFRAME.
UM, COULD WE PROPOSE TWO WEEKS? WE CAN, WE CAN PROPOSE WHATEVER WE WANT.
I WOULD CERTAINLY SUPPORT SOMETHING LIKE THAT.
UH, I WOULD LIKE TO MAKE SUCH A MOTION THAT WE PROPOSE THAT WITHIN TWO WEEKS THEY SECURE THE FRONT OF THE BUILDING TO PREVENT FALLING DEBRIS RIGHT.
OR DANGEROUS CONDITIONS TO AFFECT THE DUST KOREANS.
AND AFTER THAT POINT, THESE I'M SORRY, YOU BROKE UP RIGHT AT THE END, MISS.
AND THEN AFTER THAT TWO WEEK POINT, THEN THE WIFI WOULD BEGIN TO RECRUIT.
I'M JUST READING THROUGH TO SEE WHAT THAT B IS.
WOULD THAT BE, WOULD THAT BE 14 DAYS? SO 14 DAYS TO SECURE AND ON THE 15TH DAY ASSESS A CIVIL PENALTY AND HOW MUCH AMOUNT, UH, LET'S SEE, WHAT DOES THE ORIGINAL, SO STAFF WAS RECOMMENDING $1,000 PER WEEK.
THAT'S FOR EACH OF THE THREE CASES ALSO.
SO THAT COULD POTENTIALLY BE UP TO $3,000 PER WEEK, IF NOT BOARDED, UNSECURED OR SECURED WITHIN THE 14 DAYS.
AND DO WE NEED TO BE MORE, MORE SPECIFIC, BUT ABOUT WHAT WE MEAN BY SECURED, LIKE NETTING, HAND SCAFFOLDING, OR, UM, WOULD KIND OF LEAN TOWARDS WHAT IS MOST APPROPRIATE FOR THAT BUILDING? YOU KNOW, TYPICALLY WE SAY BOARD AND SECURE, BUT I DON'T KNOW THAT BOARDING IS THE, THAT'S JUST THE RUSH THING.
I'M NOT SURE WHAT THE RIGHT LANGUAGE IS.
UM, PERHAPS BORED OR OTHERWISE SECURE.
AND ARE YOU CONCERNED, DO YOU WANT TO LIMIT IT TO THE FACADE THAT YOU WOULD LIKE ADDRESSED BECAUSE THERE ARE OTHER AREAS OF THE BUILDING? UM, WELL, ALL OF THE, I GUESS MAYBE I WOULD SAY ALL OF THE ITEMS THAT RELATE TO THE FRONT OF THE BUILDING, SO THAT WOULD ALSO MEAN SECURING IT.
UM, I THINK THE QUESTION I WOULD HAVE THERE IS WE WOULD VERY QUICKLY GET INTO TRYING TO SECURE THE WHOLE THING.
I MEAN, IF THERE'S A ROOF THAT'S CAVED IN, I'M NOT SURE HOW THEY COULD SECURE THAT FROM RODENTS.
UH, I, I, YEAH, THAT'S WHY I WAS SAYING MY MAIN CONCERN IS THE PEDESTRIANS AND IT SOUNDS LIKE THERE'S, THERE'S A SORT OF PLAN MOVING THROUGH THE PROCESS FOR THE RIVER.
UM, BUT IN THE MEANTIME, MY CONCERN AS YOU RAISED EARLIER IS JUST MAKING SURE THAT IN THE MEANTIME, BRICKS DON'T FALL ON SOMEBODY SO THAT HE DOESN'T GET HURT BY THIS BUILDING.
THAT'S BEEN SITTING THERE FOR QUITE A LONG TIME WITH THE SAME VIOLATIONS.
SO YOUR PROPOSED, SO YOUR MOTION IS TO SECURE THE FACADE SECURE THAT BEEN THOUGHT WITHIN 14 DAYS.
AND THEN, UM, STARTING ON, WELL, AFTER THAT POINT BEGAN ASSESSING A FEE OF A THOUSAND DOLLARS A WEEK FOR BUILDING UNTIL THE CONDITIONS ARE ADDRESSED.
AND THEN BRENT, AND BRING BACK THE WHOLE CASE AT OUR NEXT MEETING WITH A PLAN OF SOME OF THE REST OF THE CONDITION.
IS THERE A SECOND FOR THE MOTION? I DON'T CARE.
COMMISSIONER STILL SAID, YEAH, THIS IS TIM STOVES.
THAT AGAIN, I THINK, UH, FUNCTIONAL MILLER IS A PROPOSAL THAT STRIKES THE RIGHT BALANCE BECAUSE I THINK JUST REALISTICALLY IT DOES NOT MAKE A GREAT DEAL OF SENSE TO IMPOSE AN ORDER THE ENTIRE ORDER AS OF NOW, BUT IT ALSO DOESN'T MAKE ANY SENSE TO DELAY THE LIFE SAFETY ISSUES.
I GUESS I WOULD PREPARE TO SECOND THE MOTION, BUT BEFORE DOING SO I WAS JUST HOPING TO HAVE A SLIGHT, SOME ADDITIONAL CONVERSATION, UH, YOU KNOW, ABOUT HOW IT, HOW IT WORKS.
UH, IS THERE ANY REASON WHY SOME PART OF IT SHOULDN'T BE ORDERED TO BE DONE WITHIN 24 HOURS? YOU KNOW, IT MIGHT TAKE TWO WEEKS TO ERECT THE SCAFFOLDING IF THAT REQUIRED SOME ADDITIONAL PERMITTING OR SOMETHING, UH, BUT MAYBE NETTING CAN BE PUT UP WITHIN 24 HOURS.
UM, AND THEN ALSO IN TERMS OF HOW, HOW IT WORKS ON THE GROUND IN TERMS OF ENFORCEMENT, YOU KNOW, IF IT'S A, FOR EXAMPLE, DOES THIS MEAN
[00:50:01]
WHEN WE SAY BOREDOM, SECURE, UM, AS SOON AS REASONABLY PRACTICABLE IN NO CASE LATER THAN 14 DAYS FROM THE DATE OF THE ORDER, DOES THAT MEAN INSPECTOR ADAMS CAN WALK BY, UM, THE 15TH DAY AND IF IT'S NOT SECURE TO HIS SATISFACTION, HE CAN LET US KNOW AND TO FIND STARTER COOLING, THAT'S SORT OF OPERATIONALLY FROM AN ENFORCEMENT STANDPOINT.UM, I DON'T REALLY HAVE A FIRM SENSE OF HOW THAT WORKS.
UH, AND THEN I GUESS TO THAT SECOND ISSUE, UH, WOULD BE, UH, CAN WE MAYBE GET ADDITIONAL INPUTS? SHOULD I BE DIRECTING QUESTIONS TO STAFF TO INSPECT THE RHINOS CONCERNING WHAT HE WOULD DEEM A SUFFICIENT, UH, SECURITY FOR THIS BUILDING AND, AND KENNELS AND TAILOR THE ORDER WITH SUFFICIENT SPECIFICITY AS TO, UM, INCLUDE, UH, SPECIFIC RECOMMENDATIONS FROM, UH, THE FOLKS WHO ARE OUT THERE ON OUR STREETS, KEEPING US SAFE FROM THESE THINGS.
AND SO I THINK I'M PREPARED TO SECOND, I THINK IN CONCEPT IT'S AN EXCELLENT MOTION.
UM, BUT I, I THINK I JUST WANT TO MAYBE KEEP HER FROM, I DON'T KNOW, MAYBE INSPECTOR ADAMS OR OTHER COMMISSIONERS FRIENDS OF WHETHER WE CAN DEVELOP THIS A LITTLE BIT, MAYBE FROM MR. CARR OR WHOEVER'S APPROPRIATE TO COMMENT ON HOW IT ACTUALLY IS GOING TO WORK ON THE GROUND.
I WOULD SAY LET'S START WITH CODE OFFICER ADAMS IF HE'S WILLING TO ADDRESS THE QUESTION.
WELL LET'S, ARE YOU STILL WITH US? CAN YOU HEAR ME? YES.
UH, SINCE THERE HAS ALREADY BEEN A NOTICE OF VIOLATION SENT OUT, LIKE WE'RE IN THIS PROCESS RIGHT NOW, UH, I MAKE I'M DOWNTOWN, UH, PRETTY MUCH EVERY DAY OF THE WEEK.
UM, I CHECK ON THE PROPERTY, UM, I GUESS I DO OTHER PROPERTIES I HAVE IN THE AREA.
UM, MY MAIN CONCERN, AS I MENTIONED IN THE BEGINNING OF MY PRESENTATION WAS THE SAFETY CONCERNS I HAVE FOR PEOPLE THAT CAN, UH, TRAVEL ALONE AND CONGRESS AVENUE.
AND I'VE ALWAYS BEEN CONCERNED ABOUT THAT IT'S STRUCTURE.
IF WE ARE ABLE TO DO THE THINGS THAT ARE ORDERED BY THE COMMISSION, SUCH AS EITHER SCAFFOLDING OR ADDITIONAL GREENING, ADDITIONAL BOARDING, UH, I WILL BE A FINE AND OPEN WITH THAT.
UH, UH, THE, UH, OR THAT IT'S, UH, UM, HOWEVER, I DO HAVE CONCERNS SINCE IT'S BEEN LIKE THIS FOR SUCH A LONG TIME.
AND MY CONCERN IS THAT, UH, HOPEFULLY THEY WILL HAVE IT DONE IN TWO WEEKS.
I MEAN, I'M NOT SURE WHAT, UH, IF THEY'VE HAD THAT ON THEIR RADAR OR NOT, BUT MY MAIN CONCERN AGAIN, HAS ALWAYS BEEN THE SAFETY FOR ANYONE WHO'S GOING BY THE PROPERTY, EVEN ANYBODY WHO HAS TO ENTER THAT PROPERTY, WHATEVER RECOMMENDATIONS THE COMMISSION HAS OR ANYONE ELSE ON THE COLD STAFF IS I'M COMFORTABLE WITH THAT AND FOLLOW UP TOO.
I MEAN, IF WE WERE TO ORDER SOMETHING LIKE THIS, YOU WOULD BE AVAILABLE TO ACTUALLY WORK WITH THE PROPERTY REPRESENTATIVE SO THAT THEY UNDERSTAND, YOU KNOW, WHAT, WHAT WOULD BE ACCEPTABLE FOR SECURING OF THE FACADE.
THANK YOU TO YOUR FRYBERGER IF I MAY.
I WAS JUST NOTICING ON THE STANDARD ORDER IT'S IT SAYS 90 DAYS FROM THE DATE, THE ORDER WAS FAILED.
IS THE ORDER YOU WERE CONSIDERING TONIGHT? IS IT FROM TODAY OR IS IT FROM THE DATE THAT IT'S BEEN COMMISSIONER MILLER? UM, I, WELL, SO THE ORDER WOULD BE MAILED TOMORROW, PRESUMABLY WITHIN 10 DAYS OF THE HEARING.
THAT'S WHY I WANTED TO CLARIFY IF IT'S FROM TODAY OR WHETHER IT'S FROM THE DAY THAT THE, UH, ORDERS MAIL I WOULD BE FROM TODAY, IF THAT'S OKAY.
IF WE'RE ALLOWED TO DO THAT, YOU ARE, SO THEN THE OWNER WOULD BE CONSIDERED TO BE NOTIFIED AT THIS MEETING.
THE MAIL NOTICES, IT'S JUST SORT OF A FOLLOWUP THAT I NOTICED WHEN THE MAIL IS ACTUALLY WHEN THE APPEAL PERIOD WOULD START THAT TONIGHT WOULD BE CONSIDERED THE DATE OF THE ORDER.
I WOULD WANT IT TO START NOW SINCE OUR, OUR FEELING OR THE SENSE OF THE MEETING, I THINK IS THAT WE THINK THIS IS URGENT.
NOW THERE'S A LOT GOING ON FOR YEARS.
IN LIGHT OF, UH, MR. UH, TESTIMONY.
SO WE HAVE A MOTION AND A SECOND, UM, IS THERE A FURTHER DISCUSSION
[00:55:02]
AMONG THE COMMISSIONERS? ANY OTHER QUESTIONS FOR CODE STAFF? UH, MR. CARR AND OR THE PROPERTY REPRESENTATIVES CHAIR? COULD I SAY SOMETHING, UM, THAT POSSIBLY THEY MIGHT REQUIRE A RIGHT OF WAY PERMIT? I'M NOT SURE IN ORDER TO PUT UP ANY SCAFFOLDING, SO THAT MIGHT ALSO BE REQUIRED.I THINK THAT'S WHY I'M LEANING TOWARDS, TO SAYING SECURE AND LEAVE IT UP TO THE PROPERTY OWNERS AND CODE OFFICER TO DETERMINE WHAT IS THE BEST METHOD THAT COULD QUICKLY BE ACCOMPLISHED.
MOJO'S A REPRESENTATIVE OF THE PROPERTY.
THAT WAS ACTUALLY ONE OF MY QUESTIONS.
I DON'T KNOW HOW QUICKLY WE COULD GET IT RIGHT AWAY PERMIT TO DO SCAFFOLDING, BUT, UM, WE WOULD BE HAPPY TO WORK WITH OUR, UM, YOU KNOW, WORK WITH A CONTRACTOR AND WORK WITH, UM, COACH STAFF AND FIGURE OUT WHAT WE CAN DO QUICKLY TO GET SOMETHING UP.
ANY OTHER QUESTIONS FROM COMMISSIONERS? OKAY.
I WILL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF THE MOTION.
UM, I'LL, I'LL TRY AND RESTATE MOTION HERE.
SO THE MOTION WAS TO ORDER THAT THE FACADE OF THE BUILDING BE SECURED WITHIN 14 DAYS ON THE 15TH DAY, IF NOT SECURED, THEN THE PENALTIES AS RECOMMENDED BY THE STAFF WOULD BEGIN TO ACCRUE.
AND THAT WAS AN A THOUSAND DOLLARS PER WEEK PER PROPERTY, PER CASE? YES.
SO ALL IN FAVOR, SAY I, AND PERHAPS WAVE YOUR HAND.
AND DOES ANYONE OPPOSED AND DID ANYONE ABSTAIN? OKAY, SO I'LL ATTEMPT TO COUNT THE COMMISSIONERS THAT WE HAVE A BLIND RIGHT NOW.
SO WE HAVE COMMISSIONER FRYBERGER COMMISSIONER
THE MOTION HAS PASSED AND, UH, ACTUALLY MR. CARR, DID WE NEED TO INCLUDE IN THE ORDER OR DO A SEPARATE ORDER FOR THE REMAINDER OF THE, OF THE, UH, VIOLATIONS TO BE ADDRESSED AT NEXT MONTH'S MEETING? I'M SORRY.
I TOTALLY, NO, YOU CAN JUST ASK TO HAVE TO BRING THE CASE BACK TO THE NEXT MEETING.
WELL, I GUESS YOU COULD, YOU COULD DO A MOTION TO CONTINUE THE REST OF THE CASE.
LET'S LET'S, LET'S DO THAT AND GET IT ON THE RECORD THAT WAY.
UH, WAS THAT PART OF YOUR MOTION? YES.
UH, IT WAS ACTUALLY THAT WE ASKED THEM TO BRING IT BACK WITH A PLAN FOR CORRECTING THE REST OF THE ITEMS AT THE NEXT MEETING.
AND COMMISSIONER STILL STOPPED.
WERE YOU GOOD WITH SECONDING THAT I, I W I, I BELIEVE COMMISSIONER MILLER WAS CLEAR ABOUT THAT, AND I DID INTEND TO SECOND THAT, SO I BELIEVE WE'VE ALREADY VOTED ON THAT, THAT, THAT IT'S EFFECTIVELY CONTINUED WITH RESPECT TO EVERYTHING ELSE, BUT IF, IF, IF ANYONE ELSE HEARD IT DIFFERENTLY, I'M HAPPY TO MAKE A MOTION JUST TO BELT AND SUSPENDERS, BUT I'M PRETTY SURE THAT'S WHAT WE USED TO ACCOMPLISH HERE.
WELL, ANYONE SPEAK UP ANY OTHER COMMISSIONERS, IF YOU MISUNDERSTOOD THAT? I BELIEVE WE'RE GOOD.
THANK YOU, MS.
WE APPRECIATE YOU COMING TO SPEAK WITH US.
UM, WE'LL NOW BE HEARING, WHAT
[7. Case Number: CL 2021-021539 Property address: 1407 Newning Avenue / Owner: Susan K. Neisinger Staff presenter: Joseph Yost, Austin Code Department Staff recommendation: Demolish residential structure]
IS IT CURRENTLY? ITEM NUMBER SEVEN ON THE AGENDA.SO NEXT ON THE AGENDA FOR THE COMMISSIONER COMMISSIONER'S CONSIDERATION, COMMISSION'S CONSIDERATION IS ITEM NUMBER SEVEN, WHICH IS CASE NUMBER 2021 ZERO TWO ONE FIVE THREE NINE.
THE ADDRESS FOR THIS CASE IS 1407 NOONAN AVENUE.
IT IS THE GRAY BOOK IN YOUR GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A RESIDENTIAL STRUCTURE, WHICH IS UNOCCUPIED AND IS NOT HOMESTEADED.
THE STRUCTURE HAS SIGNIFICANT STRUCTURAL VIOLATIONS.
A NOTICE OF VIOLATION WAS FIRST MAILED TO THE OWNER IN JANUARY, 2019, AND DUE TO OVERGROWTH OF BAMBOO AND OTHER VEGETATION, THE STRUCTURE WAS INACCESSIBLE AND REQUIRED A BAIT IN IT BY THE CITY.
THE PROPERTY WENT TO ADMIN HEARING IN OCTOBER, 2019 FOR UNSANITARY CONDITIONS, WHOEVER THE OWNER FAILED TO APPEAR AT THE HEARING, THE PROPERTY ABUTS THE CITY PARK, AND HAS SEVERAL SCHOOLS NEARBY
[01:00:01]
NEIGHBORS HAVE EXPRESSED CONCERN ABOUT SAFETY ISSUES SURROUNDING THIS PROPERTY.AND THE STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRED DEMOLITION IN YOUR READERS.
YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION AND NOTICES OF HEARING AND POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO M AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
JOSEPH YOST IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO M AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR YOS, PLEASE BEGIN YOUR TESTIMONY.
I'M A CITY OF AUSTIN CODE INSPECTOR FOR THE DOWNTOWN RESIDENTIAL DIVISION.
I GUESS I'M PRESENTED BEFORE YOU IS FOR THE PROPERTY LOCATED AT 14 ZERO SEVEN DUININCK AVENUE ON JANUARY 14TH, 2019, AUSTIN CODE RECEIVED A COMPLAINT WHERE CONCERNING THE ANIMALS ARE LIVING IN THE BANDON VACANT STRUCTURE.
AND FOR BAMBOO OVERGROWTH, THE INITIAL INSPECTION WAS PERFORMED BY ANOTHER AUSTIN CODE INSPECTOR.
THE AC INSPECTOR INITIALLY OBSERVED OVERGROWTH OF BAMBOO, WHICH BLOCKED THE VIEW OF THE ENTIRE STRUCTURE.
DIDN'T SPECTER DOCUMENTED THE FALLING UPMC VIOLATIONS OF DETERIORATED SIDING, SOFFIT, FACIA, GUTTERS, AND ROOF, UH, AS WELL AS UNSANITARY CONDITIONS DAMAGED AND ROTTED STRUCTURAL MEMBERS LOCATED ON THE REAR DECK ON JANUARY 25TH, 2019.
AND NOTICE OF VIOLATION WAS MAILED OUT VIA REGULAR AND REGISTERED MAIL TO THE TRAVIS COUNTY APPRAISAL DISTRICT PERSON OF INTEREST JACK WALLACE GULLAH HORN ON APRIL 29, 2019 FURTHER OWNER PROPERTY OWNERSHIP RESEARCH UTILIZING TRAVIS COUNTY APPRAISAL DISTRICT DETERMINED THAT SUSAN K MESSINGER WAS THE CORRECT PROPERTY OWNER.
ADDITIONAL NOTICE OF VIOLATION WAS SENT AT THAT TIME ON MAY 9TH, 2019, SUSAN CALLED THE COCONUT HOTLINE AND INFORMED THE INSPECTOR THAT SHE WOULD WORK ON HAVING THE OVERGROWN BAMBOO AND TALL GRASS AND WEEDS CORRECTED TO MEET COMPLIANCE STANDARDS.
SHE PROVIDED AT THAT TIME AS WELL THAT SHE WOULD BEGIN REPAIRS TO THE SUBSTANDARD STRETCHER ON AUGUST 16TH OF 2019.
THE ASSIGNED INSPECTOR ISSUED AN ADMINISTRATIVE HEARING CITATION FOR THE UNSANITARY CONDITIONS REGARDING BAMBOO OVERGROWTH ON SEPTEMBER 24, 2019, AND INSPECTOR POSTED THE NOTICE OF VIOLATION FOR ADMINISTRATIVE HEARING REGARDS TO UNSANITARY UNSANITARY CONDITIONS.
AND THE COURT DATE WAS SCHEDULED FOR OCTOBER 4TH, 2019 ON OCTOBER 24TH, 2019.
THE ASSIGNED INSPECTOR INDICATED THAT THE PROPERTY OWNER FAILED TO APPEAR FOR THE HEARING.
THE INSPECTOR ALSO INDICATED THAT ON THE FRONT LEFT CORNER OF THE STRUCTURE THAT SHE COULD, SHE COULD OBSERVE THE DECAYING OR MISSING PARTS OF THE SIDING THAT THE GUTTER SYSTEM WAS MISSING IN SOME AREAS ON DECEMBER 16TH, 2019 ASSIGNED INSPECTOR OBSERVED NO STRUCTURAL REPAIRS AND THAT THE BAMBOO HAD BEEN CUT.
AND TRENT AT THAT TIME, UH, ON FEBRUARY 3RD, 2020, A NEW NOTICE OF VIOLATION WAS SENT TO SUSAN TO ENSURE THAT AN ACTIVE NOTICE OF VIOLATION IS VALID AND HAD THE MAILING ADDRESS UPDATED AS PROVIDED BY THE INFORMATION ALLOTTED BY TRAVIS COUNTY APPRAISAL DISTRICT.
ON OUR AUGUST 7TH, 2020, THE CASE WAS REASSIGNED TO ME.
I MADE MY FIRST INSPECTION ON THE PROPERTY AND OBSERVED EXCESSIVE OVERGROWTH OF BAMBOO.
THAT WAS OBSTRUCTING THE VIEW OF THE STRUCTURE FROM THE APPROVED VANTAGE POINTS.
THE NEXT DOOR NEIGHBOR CAME OUT TO SPEAK WITH ME AND OFFERED ME THE OPPORTUNITY TO GO INTO HIS HOUSE, TO VIEW THE STRUCTURAL DETERIORATION, SUBSTANDARD CONDITIONS OF WHICH I WAS NOT ABLE TO, UH, TAKE THAT OPPORTUNITY TO DO TO COVID 19 RELATED PRACTICES ON AUGUST 11TH, 2020.
I POSTED THE NOTICE OF VIOLATION THAT WAS PREVIOUSLY ISSUED BY THE FORMER ASSIGNED INSPECTOR FROM FEBRUARY 3RD, 2020 IN AN ATTEMPT TO GAIN COMPLIANCE COMMUNICATION FOR THE PROPERTY OWNER ON 27TH OF AUGUST, 2020, I COMPLETED A FOLLOW-UP AND STILL OBSERVED THAT THE PROPERTY MAINTAINED TALL GRASS AND WEEDS ON SEPTEMBER 21ST, 2020.
I SUBMITTED A CUT LIST TO HAVE THE TALL GRASS AND WEEDS DEBATED ON THE 9TH OF NOVEMBER, 2020.
I OBSERVED THAT THE PROPERTY HAD BEEN CUT AND TRIMMED AND WAS ABLE TO VIEW THE STRUCTURE SUBSTANDARD CONDUCTION CONDITIONS ON NOVEMBER 30TH, 2020.
I SENT AN UPDATED NOTICE OF VIOLATION TO SUSAN AS THE PREVIOUS NOTICE OF VIOLATION WAS SET TO EXPIRE SOON.
AND I WAS INTENDING TO PREPARE TO SUBMIT THIS CASE TO THE LEGAL DIVISION FOR CONSIDERATION TO BE HEARD BY THE BUILDINGS AND STANDARDS COMMISSION ON 27TH OF JANUARY, 2021, I SUBMITTED THE CASE TO LEGAL REVIEW.
[01:05:01]
NOW PRESENT THE PHOTOS.THIS IS EXHIBIT PHOTOS, TWO A AND TWO B ARE CONTEXTUAL PHOTOS OF THE FRONT EDGE OF THE RESIDENTIAL STRUCTURE PHOTOS TO SEE IS THE CLOSEST TO THE FRONTAL SHOT OF THE SINGLE STORY.
WOOD-FRAMED RESIDENTIAL STRUCTURE OF POST AND BEAM PHOTOS.
TWO D IS A SHOT OF THE RIGHT SIDE OF THE STRUCTURE.
YOU CAN SEE THERE IS A LARGE HOLE IN THE ROOF DECKING, WHICH IS ALLOWING THE ELEMENTS OF NATURE TO ENTER AS WELL AS, AS WILDLIFE PHOTO TWO E IS A CLOSE-UP PHOTO OF THE RIGHT FRONT EXTERIOR WALL.
YOU CAN SEE THE DETERIORATION AND SEPARATION OF THE WOOD SIDING AND WINDOW SILLS, AS WELL AS THE MISSING EXTERIOR ON OUR TRIM PHOTO.
TWO F IS A PHOTO OF ROTTEN TACH.
IT DETACHING FACIAL BOARD PHOTO TWO G IS A PHOTO OF THE DAMAGE AND MISSING WOOD SIDING.
THE PROTRUSION IS THE BATHROOM TUB, WHICH THE ROOF DECKING ABOVE IT.
UH, THE BATHROOM HAS DETERIORATED EXPOSING THE RAFTERS AND A POLY PAPA LANE SHEET HAS BEEN PLACED ON THE ROOF TO PROVIDE A COVERING PHOTO.
TWO H IS A PHOTO OF THE FRONT PORCH AND ENTRYWAY INTO THE STRUCTURE.
YOU CAN SEE THE EXTERIOR WOOD SIDING ALONG THE BOTTOM OF THE EXTERIOR WALL IS MISSING, WHICH IS EXPOSING AND COMPROMISING THE WOOD-FRAME AND SOLE PLATES PHOTO TWO, I, AS A PHOTOGRAPH OF THE REAR PORCH ROOF, AS YOU CAN SEE, THE RAFTERS ARE DETACHING FROM THE STRUCTURE, AS WELL AS THE CEILING.
JOYCE IS DETERIORATED AND DETACHING FROM THE ROOF PHOTOS.
TWO J IS A PHOTO OF THE FURTHER DAMAGE IN THIS IN WOODSIDE.
AND IT'S SUPPOSEDLY THE SOLE PLATES, UH, PHOTOS TWO K THROUGH TWO M ARE PHOTOGRAPHS OF THE CRAWL SPACE UNDERNEATH THE STRUCTURE AND PHOTOS TO L TWO L YOU CAN, ONE CAN SEE A SINGLE PINE VERTICAL POST PROVIDING SUPPORT TO THE FLOORING.
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 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 PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO M STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND ORDER THE FOLLOWING ONE REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
NUMBER TWO, ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH AND BE THE PROPERTY OWNER 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 EXPENSIVE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR.
I'LL GO AHEAD AND ADMIT A STAFF'S EXHIBIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO M.
AND DO WE HAVE SUSAN DICING HER ON THE LINE WITH US TONIGHT? YES, I AM.
UM, MR. RISINGER, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED, PLEASE DO.
UM, I'D JUST LIKE TO SAY, I APOLOGIZE.
THIS IS NOT MY INTENT FOR THIS TO BECOME THIS KIND OF A NUISANCE.
UM, WHEN I MOVED OUT OF THIS PROPERTY, MY INTENT WAS TO REDO IT, UM, AND RETURN THERE WHEN I RETIRED AND ANYWAYS, A LOT OF THINGS HAVE GOTTEN IN THE WAY.
UM, AND SO AT THIS POINT I I'M, I'M WILLING TO DO WHATEVER Y'ALL RECOMMEND.
AND, UM, I THINK REGARDLESS OF WHAT YOU RECOMMEND, I WILL GET SOMEBODY OVER THERE AS QUICKLY AS POSSIBLE TO TRY AND,
[01:10:01]
UM, CLOSE WHAT'S UNDERNEATH THAT.SOME OF THE, UM, ONE OF MY FAVORITES WAS TELLING ME THAT SHE'S AFRAID COYOTES ARE UNDER THEIR HEADS.
I ACTUALLY HAVE BEEN OVER THERE A COUPLE OF TIMES DURING THE LESSON.
I'LL LET WHAT, BEFORE THE STORM.
AND THEN AGAIN, LAST WEEKEND, I, I DIDN'T SEE ANY EVIDENCE OF THAT, BUT I DON'T, I'M NOT REALLY BRAVE ENOUGH TO LOOK EITHER.
SO, UM, BUT ANYWAYS, MY APOLOGIES AND I WILL DO MY BEST TO CONFORM WITH WHATEVER YOU RECOMMEND.
UM, I THINK MY QUESTION TO YOU WOULD BE, ARE YOU, ARE YOU OPPOSED TO DEMOLISHING THE STRUCTURE? WELL, YOU KNOW, INITIALLY I WAS BECAUSE I THINK IT CAN BE REGAN AND I, IF I HAD HAD A CHANCE, UM, I RECEIVED THE NOTICE OF THIS MEETING ON SATURDAY, I THINK, DUE TO THE WEATHER.
AND TO BE HONEST, I COULDN'T HAVE DONE ANYTHING LAST WEEK DURING THAT WEATHER ANYWAYS, BUT I WOULD LIKE TO GET A STRUCTURAL ENGINEER TO LOOK AT IT, TO SEE IF IT NEEDS TO BE DEMOLISHED.
AND THE, THE, UM, THE, UM, YOU KNOW, THE SUPPORTING STRUCTURE IS OLD PIER AND BEAM.
SO IT MAY INDEED NEED TO BE DEMOLISHED, BUT I DON'T KNOW THAT FOR A FACT.
AND I WOULD, I MEAN, I GUESS MY CONCERNS FROM WHAT MR. YOST IS BETH AND WHAT SOME OF MY NEIGHBORS, NOT MR. CALLS FROM MY OTHER NEIGHBORS, THEIR CONCERNS THAT THEY WORRY ABOUT COYOTE IS GETTING UNDER THERE.
UM, I WOULD LIKE, I THINK I CAN GET SOMEBODY TO FIX THE HOLE IN THE ROOF AND, UM, BOARD UP WHEREVER A COYOTE MIGHT GET IN.
UM, I HAVE TO TELL YOU I'VE BEEN INSIDE THAT STRUCTURE AND THERE ARE NO ANIMALS INSIDE, BUT THAT DOESN'T MEAN THEY DON'T COME AND GO, YOU KNOW, DURING THE NIGHT.
DID I ANSWER YOUR QUESTION? I'M SORRY, ANSWER MY QUESTION.
AND I THINK I HAVE A UP QUESTION TOO.
UM, SO YOU'VE STATED THAT YOU ARE WILLING TO DO WHATEVER THE CITY RECOMMENDS OR WHATEVER THE COMMISSION ORDERS AT THIS POINT.
UM, IF, SO THE CITY IS RECOMMENDING A DEMOLISH ORDER, BUT IF WE WERE TO CONSIDER, YOU KNOW, BACKING OFF OF THAT TO A REPAIR ORDER, DO YOU, WHAT WOULD BE YOUR PLAN FOR REPAIRS AND HOW QUICKLY COULD YOU GET ON THIS? SO MY IMMEDIATE PLAN WOULD BE TO, UM, MAKE SURE ANIMALS CAN NOT GET EITHER UNDER THE HOUSE OR INTO THE HOUSE.
AND THEN I WOULD LIKE TO CONTACT A STRUCTURAL ENGINEER AND LET THEM ASSESS WHETHER OR NOT THEY THINK IT CAN BE REPAIRED.
UM, MY INTENTION WAS TO REDO IT ON ITS CURRENT FOOTPRINT, BUT, UM, IF THAT'S NOT REALISTIC, THEN YOU KNOW, DEMOLITION MIGHT BE WHAT I WOULD END UP DOING ANYWAY.
DOES THAT KIND MAKE SENSE? UH, I APPRECIATE YOUR INPUT.
UM, I WILL OPEN THIS UP TO THE COMMISSION TO SEE IF ANYONE ELSE HAS QUESTIONS FOR YOU OR FOR CITY STAFF AT THIS TIME.
WHERE ARE YOU? DALE QUESTIONS OR COMMENTS FROM THE COMMISSION? STAY.
WE MOVE FORWARD WITH RECOMMENDATIONS, MOTION, MR. GREEN MOTION THAT WE MOVE FORWARD WITH THAT RECOMMENDATION.
OH, I WAS JUST SAYING THAT I WILL SECOND THAT MOTION.
OKAY, SO WE HAVE A MOTION AND A SECOND TO GO WITH STAFF'S RECOMMENDED ORDER, WHICH IS TO DEMOLISH THIS STRUCTURE ANY FURTHER DISCUSSION OR QUESTIONS OR CONVERSATION FROM THE COMMITTEE.
I WILL CALL THE QUESTION ALL IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER TO DEMOLISH THE STRUCTURE.
IS ANYONE, IS ANYONE OPPOSED? ANYONE ABSTAIN, RIGHT? YOU MEAN BEDROOM? OKAY.
SO I BELIEVE WE HANDLED ALL IN FAVOR WITH CHAIR FRYBERGER COMMISSIONER RITCHNER GRAN COMMISSIONER COMMISSIONER.
[01:15:03]
YEAH.SO, UH, MS. DEICING, OR WE DID JUST ORDER THAT THE STRUCTURE BE DEMOLISHED AND A COP, OR EXCUSE ME, SOMEONE NEEDS TO MUTE THEMSELVES.
SOMEONE WHO'S EATING BURRITOS OR SOMETHING LOUDLY.
OH, WELL I OPENED MY BIG MOUTH.
WELL THANK YOU, COMMISSIONER MILLER.
SO THE COMMISSION HAS ORDERED TO DEMOLISH THE STRUCTURE, UH, WITHIN 45 DAYS.
AND IF ON THE 46 DAY, IF IT IS NOT COMPLETED, THEN THE CITY WILL PROCEED WITH THE DEMOLITION PROCESS AND A COPY OF THIS ORDER WILL BE MAILED TO YOU, MS.
MAY I ASK A QUESTION? OH YES, GO AHEAD.
SO IT'S ON TOP OF THIS OPENER.
DO I NEED TO GET A PERMIT TO DEMOLISH IT? DON'T WORRY.
I HAVE NO INTENTION OF DOING IT MYSELF.
I WILL HIRE A COMPANY THAT SPECIALIZES IN IT, BUT OKAY.
AS A, AS A PERMIT OR NOT, A DEMOLITION DOES REQUIRE A PERMIT.
AND AS PART OF THAT PROCESS, I MEAN THE CITY STAFF WILL TELL YOU WHAT ELSE YOU NEED TO DO.
YOU KNOW, WHAT OTHER PAPERWORK MIGHT NEED BE NEEDED TO BE REQUIRED FOR THAT DEMOLITION PERMIT? AND ALL OF THAT IS TO BE COMPLETED WITHIN 45 DAYS.
UM, I WILL SAY IT, AND IT DOES GENERALLY TAKE THE CITY A LITTLE BIT OF TIME TO, TO, YOU KNOW, IF IT'S NOT DONE ON THE 46 DAY, THE CITY WILL BEGIN THEIR PROCESS, BUT, YOU KNOW, PLEASE CONTINUE WITH YOURS BECAUSE EVEN IF YOU KNOW, MAYBE YOU'VE GOT YOUR PERMIT, BUT YOU HAVEN'T QUITE DEMOLISHED IT.
PLEASE JUST CONTINUE WITH YOUR PROCESS OF, OF GETTING IT TAKEN CARE OF.
CAUSE THAT WILL BE THE QUICKEST WAY TO GET RESOLUTION ON THIS.
THANK YOU FOR YOUR TIME THIS EVENING.
UH, COORDINATOR, ALLIE, WE WILL NOW PROCEED WITH WHAT
[6. Case Number: CL 2021-015818 Property address: 1167 Springdale Road / Owner: Willie Rean Carter Staff presenter: Moses Rodriguez, Austin Code Department Staff recommendation: Repair residential structure]
WAS PREVIOUSLY ITEM NUMBER SIX ON THE AGENDA.ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 2021 ZERO ONE FIVE EIGHT ONE EIGHT.
AND IS REGARDING THE PROPERTY LOCATED AT ONE, ONE SIX, SEVEN SPRINGDALE ROAD STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOK AND YOUR GOOGLE DRIVE FOLDER.
LET'S REVIEW SOME FACTS ABOUT THIS CASE.
IT'S A SINGLE FAMILY, RESIDENTIAL STRUCTURE.
THE HOME HAS NO HOT WATER AND NO ELECTRICITY MAKING IT UNFIT FOR HUMAN OCCUPANCY.
IT HAS UNSAFE CONDITIONS AND IT'S CONSIDERED SUBSTANDARD AND REQUIRES REPAIR.
THE CASE IS APPROXIMATELY SEVEN YEARS OLD WITH NO PERMITS OBTAINED AND OR REPAIRS MADE TO DATE 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 VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED TWO A THROUGH TO E AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR.
MOSES RODRIGUEZ IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE MARKED AS EXHIBITS TWO EIGHT THROUGH TWO E AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
SUPERVISOR RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY.
UH, WE STARTED THIS CASE BACK IN MARCH, 2014.
UH, WE HAD OFFICER BOSWELL VISIT THE PROPERTY.
SHE WAS SERVED WITH BROKEN WINDOWS AND MATERIAL DETERIORATING AND SOME DETERIORATION IN FRONT OF THE BREEZEWAY.
CAN I HAVE THE PHOTOS COME UP? I WILL, I WILL SPEAK OF IT IN A LITTLE BIT.
UM, ON MARCH 10, 2015, WE HAD, UH, TASHA ROADS AT THAT TIME, UH, REACH OUT TO, TO THE HOMEOWNERS AND AT THAT TIME TO GET SOME COMMUNITY OUTREACH, BUT, UH, THEY DID TRY TO ATTEMPT TO GET IT, BUT THEY WEREN'T ABLE TO, UH, GET SUCCESS IN, IN ANY CORPORATION ON THEIR SIDE ON 2017, OFFICER KNOX, UH, SEND A NEW NOTICE.
UH, IT WAS ABOUT MARCH OF 2017 WHEN I ACTUALLY H JUDAH A CITATION FOR THE FRONT PORCH BEING DETERIORATED.
AND YOU'LL SEE THOSE PHOTOS IS AS SAID IN THE FOLLOWING ORDER.
UM, WE CONTINUE TO DO INSPECTIONS.
I DID REACH OUT TO THE HOMEOWNER AT ONE TIME AND HER DAUGHTER WAS RECITING ON THE PROPERTY.
SHE IS NOT RECITING AND THE PROPERTY IS BOARD AND SECURED.
[01:20:01]
WE DID NOT HAVE TO DO IT OURSELVES.UH, YOU CAN SEE THE PROPERTY IT'S OVERGROWN HAS NOT BEEN, IT HAS BEEN PUT UP ON A CUTLASS.
I FOUND IT TO LEAK RECORDS SAYS SEPTEMBER, SEPTEMBER, 2011, THEY HAVE HAD NO UTILITIES.
AND THIS NOTICE WAS SENT A NEW NOTICE WAS SENT TO A NEW ADDRESS FOR THE SAME OWNER.
UM, THAT WAS BACK IN, UM, UH, JANUARY THAT THE NOTICE WAS SENT FOR.
BACK IN DECEMBER, WE SENT OUT THE NEW NOTICE, BUT THE, AS YOU CAN SEE TWO A'S THE FRONT OF THE PROPERTY TO THE, SHE CAN CHANGE THE PHOTO, PLEASE.
UM, THIS IS, UH, THE VERTICAL POST THAT IS MISSING.
UH, THIS WAS THE PART THAT I HAD, UH, CITED FOR THE EXTERIOR, NOT MAINTAINED TO SEE THIS IS THE REAR OF THE PROPERTY.
IT'S NOT OPENABLE, UH, TWO D HERE'S THE ELECTRICAL, UH, AND YOU CAN SEE ON THE FAR RIGHT, THOSE BROKEN WINDOWS, STILL LIKE THAT, THE ELECTRICAL HAS A YELLOW TAG.
IT HASN'T BEEN, UH, HAS NO SERVICE.
UH, THERE'S ALSO, UM, TWO E THE, THE GAS METER IS REMOVED FROM THE PROPERTY AND TO F SO THOSE SHOWS THE PICTURES WE'VE CITED, THE UNSTRUCTURED UNFIT FOR OCCUPANCY.
AT ONE TIME, SHE WAS RECITING ON THE PROPERTY, BUT AS OF 2019, SHE'S NOT THERE ANYMORE.
UM, THE EXTERIOR WALLS WAS CITED THREE OR 4.6, THE PLUMBING WAS CITED FIVE OH 5.3 FOR NOT HAVING WATER TO THE PROPERTY.
AND THE ELECTRICAL WAS CITED, ALSO 605.1 AND A UNSANITARY CONDITIONS.
LIKE I SAID, IT HAS BEEN PUT ON THE CUTLASS, BUT UNDER THE CIRCUMSTANCES MAY BE IN THE NEXT WEEK OR TWO, WE'LL GET THAT MOLDING CLEANED UP AND WE'LL PUT A LIEN ON THE PROPERTY, I'M READY FOR ANY QUESTIONS.
AND THAT CONCLUDES OUR PRESENTATION BECAUSE OF THE, 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 IN EXHIBIT TWO, WHICH ARE PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TO E STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS.
THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE, ON THE 46TH DAY OF 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 REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
UH, I'LL GO AHEAD AND ADMIT EXHIBITS ONE STAFF EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO E.
AND DO WE HAVE THE PROPERTY REPRESENTATIVE ON THE LINE? UH, LAURA JACKSON CROCKETT? YES.
IF YOU WOULD LIKE TO GO AHEAD AND PROCEED.
UM, I HAVE, UH, UH, SPOKE WITH, UM, MS. ALLIE ON TODAY AND, UM, BEING THOUGH LOOKING AT THE PICTURES, CAUSE I HADN'T BEEN UP THERE AND I FINALLY, UM, WAS ABLE TO GET, UH, A LETTER, UH, CONFISCATED THE LETTER FROM MY MOM ON A SUNDAY WHEN I WENT TO SEE HER.
AND I THINK SHE HAD BEEN KIND OF, UH, TRYING TO KEEP IT, UM, BEING 81 YEARS OLD.
I THINK SHE WAS JUST THINKING EVERYTHING WOULD JUST GO AWAY.
UM, BEING THOUGH THAT IT'S NOT GOING TO GO AWAY.
I HAPPENED TO SEE THIS LETTER AND I, UM, SAID, I'M GOING TO TRY TO SEE WHAT I CAN DO ON MY END.
I DID A CALL AROUND TODAY, UH, TO TRY TO, UM, GET SOME ESTIMATES ON DEMOLISHING THE HOUSE.
HOW HAVE THEY, A LOT OF HIS THOUGHTS, LIKE AT $9,000 AND I'M LIKE, WOW.
[01:25:01]
ON TO GETTING LIKE $700 A MONTH WITH SOCIAL SECURITY, I ALSO CARE FOR MY SISTER WHO YOU GUYS WERE, UM, TALKING ABOUT US.SHOULD I SAY MOSES WAS TALKING ABOUT, UH, SHE WAS STAYING IN THE HOUSE.
UH, BEN THOUGH, UH, BEEN ON DRUGS OVER, YOU KNOW, THE PAST, I DON'T KNOW HOW MANY YEARS, UH, WITH SHE, SHE AND HER SON WAS STANDING THERE WITH NO LIGHTS, WATER AND GAS.
UM, SHE'S HAD A STROKE IN 2019 AND SHE ONLY GETS LIKE $500 A MONTH.
SO HER AND MY MOTHER STAYED TOGETHER.
UM, LOOKED LIKE YOU GUYS FOUND THE ADDRESS WHERE THEY'RE STAYING AT, WHICH IS, UM, ANOTHER, UH, THAT THAT'S ANOTHER ISSUE THAT I'M HAVING TO, SINCE MY STEPFATHER DIED WITHOUT A WILL, WHICH IS MY SISTER'S BIOLOGICAL FATHER.
UM, SO, UM, AGAIN, I GOT THE LETTER, I'M GONNA TRY TO THE SAME PEOPLE, A COUPLE OF THEM THAT I TALKED TO, NOT ONLY DO THEY DO DEMOLITION, THEY ALSO DO REMODELING.
BUT THE ONLY THING IS, AGAIN, WE'RE WORKING ON, UM, HOW TO PAY FOR IT.
AND SO IT MAY TAKE US MORE THAN 45 DAYS, UM, BECAUSE THEY DID SAY THEY CAN COME IN AND LOOK AT, UM, WHAT, WHAT NEEDS TO BE DONE.
UM, AND THEN MAYBE WE CAN WORK A LITTLE BIT AT A TIME, UH, ON GETTING IT DONE.
SO AGAIN, IT'S GONNA PROBABLY TAKE MORE THAN 45 DAYS.
SO WHAT I'M ASKING IS, UH, CAN WE, UH, NOW THAT I'M STEPPING IN, UM, CAN WE GET MORE THAN 45 DAYS TO GET THIS DONE? OKAY.
AND, UM, I'LL TURN IT OVER TO THE COMMISSION FOR QUESTIONS HERE.
UH, I THINK ONE QUESTION THAT I HAVE, UM, MR. JACKSON CROCKETT WOULD BE, I UNDERSTAND, UH, YOU KNOW, FINANCIALLY THIS WOULD BE A BURDEN.
DO YOU HAVE ANY, ANY IDEA, ANY PLANS FOR HOW THAT PART COULD COME TOGETHER? WELL, UM, I AM WORKING WITH, UH, AGAIN, LIKE I SAID, ON THE 33 11 HOLLYWOOD'S I KNOW MEALS ON WHEELS.
UM, UM, THEY ONLY W I BELIEVE, AND AGAIN, I'M GOING TO GET WITH ANGELIC AGAIN TODAY.
YOU HAVE TO KIND OF STAY IN THE PROPERTY IN ORDER FOR THEM TO HELP, BUT I AM WORKING WITH THEM FOR THE HOUSE ON 33, 11 HOLLYWOOD, UH, WHICH IS THE ADDRESS YOU GUYS KIND OF FOUND MY MOTHER AT.
UM, AND SHE IS STANDING THERE AND SHE HAD BEEN WITH MY FATHER.
UM, MY STEP-FATHER 30 YEARS PRIOR, BEFORE HE DIED IN 2016.
SO IN THIS CASE, WE HAD A LOT TO GO THAT KIND OF HAPPENED.
I'M SORRY TO KIND OF GO ON TO, UH, MY SON WAS MURDERED IN 2016 AND THEN THREE WEEKS LATER, MY STEPFATHER PASSED AWAY, UM, SEPTEMBER THE 12TH, UH, 2016.
AND SO WE'VE BEEN TRYING TO KIND OF GET OURSELVES BET AND BEING TURNED AROUND COVID IT HAS HAPPENED.
SO, UM, WE WERE TRYING TO GET OURSELVES AFLOAT TO TRY TO TAKE CARE OF A LOT OF THINGS.
UM, AND HOPEFULLY WE CAN GET THOSE DONE HERE PRETTY SOON.
AND SO AGAIN, MEALS ON WHEELS.
UM, I DID LOOK AT THE LIST THAT, UH, THAT WAS SENT WITH THE AUSTIN CODE ABOUT AUSTIN URBAN LEAGUE.
I'M GONNA REACH OUT TO THEM AS WELL.
SO WHO, UH, I'M GOING TO TRY AGAIN TO TRY TO REACH OUT TO DIFFERENT ORGANIZATIONS AND SEE IF I CAN GET SOME, UM, BUT, UM, AGAIN, IT'S PROBABLY JUST GOING TO TAKE MORE THAN 45 DAYS.
SO, UM, BUT NOW THAT I'M ON IT, I'M GOING TO TRY TO SEE WHAT I CAN DO TO HELP MY MOM.
AND BECAUSE SHE WANTS TO TRY TO KEEP IT AND DON'T GET ME WRONG.
SHE WANTS TO TRY TO KEEP THIS HOUSE BECAUSE IT WAS, UH, OH, THIS PARTICULAR PROPERTY BECAUSE HER DAD GAVE IT TO HER AND IT'S IT IT'S FAMILY.
UM, YOU KNOW, UH, IT'S JUST, UM, GIVEN, AND SO WE'RE TRYING TO HOLD ON TO IT.
UM, AT LEAST I'M GONNA TRY, I'M GONNA TRY MY BEST.
AND SO ONCE WE TRY TO GET IT UP TO PAR, UM, I WANT TO TRY TO PROBABLY RENT IT OUT SINCE NO ONE, BECAUSE I HAVE MY OWN HOME.
AND THEN AGAIN, I'M TRYING TO SAVAGE THE 33 11 HOLLYWOOD.
SO MY MOM AND MY SISTER COULDN'T GO AHEAD AND CAUSE IT'S MUCH MORE LIVABLE THAN THE ONE ON SPRINGVILLE.
HOWEVER, WE CAN'T GET THE ONE ON 33 11, IF I CAN GET THE SPRING BELT IN ORDER, I KIND OF
[01:30:01]
SHIFT MY MOTHER AND MY SISTER OVER TO THE SPRINGDALE.SO, UM, THAT'S WHERE I'M AT RIGHT NOW.
AND SO AGAIN, IT'S GONNA PROBABLY TAKE MORE THAN 45 DAYS, SO I'M ASKING FOR A LITTLE LEEWAY ON THAT.
UM, OTHER COMMISSIONERS, DO YOU HAVE QUESTIONS FOR THE PROPERTY REPRESENTATIVE OR FOR CITY STAFF? UM, THIS IS COMMISSIONER MILLER.
THIS IS A QUESTION FOR THE, UM, THE DAUGHTER OF THE OWNER, UM, THAT YOU COULD, UM, WHEN HELLO? YES.
SOMEBODY ELSE STARTED TO SAY SOMETHING.
UM, I'M WELL, I'M JUST WONDERING, I GUESS, IF YOU WOULD BE ABLE TO MEET WITH THESE OTHER ORGANIZATIONS BEFORE OUR NEXT MEETING AND COME BACK WITH SOME SORT OF PLANS, THAT WOULD BE ONE OH ONE APPROACH.
I'M NOT HEARING EVERYTHING, BUT I THINK, I THINK YOU ASKED MY QUESTION.
DID YOU HEAR ME? UM, I'M I'M SORRY.
I CAN'T REMEMBER THE NAME OF THE DAUGHTER.
I WAS, UH, SOMEBODY ELSE HAD CAME IN AND SO I WASN'T SURE IF HE WAS DONE OR NOT, BUT, UH, YES.
AND SO WHENEVER THE NEXT MEETING, BECAUSE AGAIN, AS SOON AS I SPOKE WITH ALLIE, UH, UH, MISS ALLIE TODAY, I JUMPED RIGHT ON AND CALLED AT LEAST FIVE OF THE DEMOLITION, UM, PLACES.
SO, UM, LIKE TOMORROW I'M GONNA REACH OUT TO ANGELIQUE SELENA'S WITH MEALS ON WHEELS, BECAUSE AGAIN, SHE'S HELPING ME WITH THE 33 11, HOW YOU WOULD, I'M GOING TO BRING IT TO HER ATTENTION AND SEE WHAT SHE CAN HELP ME WITH FOR AS, UM, UM, SINCE MY MOTHER IS NOT STAYING AT THE, UH, 1167, IS THERE OTHER, UH, IF THEY CAN HELP OR IF SHE KNOWS ANY OTHER ORGANIZATION THAT CAN HELP LEAST TRY TO GET THE STRUCTURE, UM, UP TO PAR, WE WON'T HAVE, YOU KNOW, THE, THE ISSUES WITH THE CITY, UM, MESSING WITH US.
WE CAN TRY TO, AT LEAST, UM, MY, MY HUSBAND, I NOTICED, UM, THAT THE, THE GRASS AND STUFF IS, IS GROWING.
UM, ALTHOUGH MY HUSBAND, UH, BE OUT OF TOWN NEXT WEEK, UH, WITH HIS WORK, ONCE HE GETS BACK INTO TOWN, WE'RE GOING TO TRY TO GET THE GRASS CUT.
SO AT LEAST THAT'LL BE DONE SO PEOPLE CAN KIND OF GET UP THERE AND LOOK AND DO WHAT THEY NEED TO DO, UM, WITH THAT PART OF IT.
UH, I'LL TRY TO DO WHAT I CAN TO MAKE SURE WE HAVE SOME TO GET, YOU KNOW, TO TELL YOU GUYS OKAY.
DID YOU HAVE A QUESTION? YEAH.
UM, MS. LAURA, THIS IS, UH, UH, COMMISSIONER.
GREENHECK TOUGH COUPLE OF WEEKS HERE.
UM, BUT, UH, YOU KNOW, I, I THINK I'D BE GOING ALONG WITH, UH, UH, FELICIA.
MUELLER'S OUR REQUEST THAT IF WE LOOK THIS SCALE FOR ABOUT 30 DAYS, SHE'D COME BACK WITH A REAL DETAIL PLAN AND NOT ONE THAT'S THAT'S MADE UP, BUT THE ONE THAT HAS REAL ACTIONABLE AS TO MILESTONES AND, UH, I MEAN, THAT'S A VERY ATTRACTIVE AREA THESE DAYS.
SO I THINK YOU MIGHT BE ABLE TO GET, GET SOME ASSISTANCE IF YOU REACH OUT TO THE APPROPRIATE FOLKS.
UM, UM, IN CERTAIN AREAS, YOU KNOW, OBVIOUSLY YOU'VE GOT A LOT OF, A LOT ON YOUR PLATE, BUT, UH, UM, I THINK, UH, THERE'S, UH, UH, WHICH ARE THE URBAN LEAGUE.
AND THEN SOME OF THE OTHER FOLKS WHO CAN HELP YOU DEFINE WHAT NEEDS TO BE DONE.
UM, I, I'M NOT AN EXPERT ON FINANCE, BUT MAYBE THERE'S SOME TYPE OF EQUITY OR, OR SOME TYPE OF, UH, UM, UH, ABILITY TO, UH, GET A LOAN AGAINST THE PROPERTY TO, TO ADDRESS SOME OF THESE ISSUES.
UM, I THINK IT'D BE REALLY GOOD TO TRY TO GET THAT DONE IN 30 DAYS.
UM, OTHER COMMISSIONERS COMMENTS OR QUESTIONS, OR IF ANYONE WOULD LIKE TO ENTERTAIN A MOTION.
COMMISSIONER, STILL STAND I'LL GO AHEAD AND MOVE TO CONTINUE.
IT SOUNDS LIKE THAT'S ON PEOPLE'S MINDS, SO I'LL MAKE IT A MOTION TO CONTINUE TO OUR NEXT MEETING TO THE, TO THE MARCH REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION.
AND THAT WAS COMMISSIONER GREEN.
ANY FURTHER DISCUSSION FROM THE COMMISSION
[01:35:01]
CHAIR IF I MAY.UM, SO I'M ASSUMING AS A PART OF THAT MOTION IS THE REQUEST TO COME BACK WITH A DETAILED PLAN.
YEAH, LET'S, LET'S CLARIFY THAT AS A COMMISSION.
UM, SO WHAT, UH, WHAT ACTUALLY ARE WE LOOKING FOR? WE'VE MENTIONED, UM, YOU KNOW, A POSSIBLE PATH FOR FINANCING THE PROJECT, UH, DETAILED PLAN OR SCHEDULE? UH, I THINK, UH, I THINK IT PROBABLY ALSO WOULD BE HELPFUL IF, IF THE PROPERTY REPRESENTATIVE COULD HAVE SOME BIDS, WHETHER THAT'S TO DEMOLISH THE STRUCTURE OR REPAIR THE, THE STRUCTURE, UM, YOU KNOW, WHETHER OR NOT YOU'VE COMMITTED TO SOMEONE YET, BUT AT LEAST IF YOU GET THOSE BIDS, WHICH OF COURSE YOU WOULD NEED TO SECURE THE FINANCING AS WELL.
UM, ANY OTHER THOUGHTS FROM THE COMMISSION ON THAT? I'D DEFINITELY LIKE TO SEE SOME TYPE OF FINANCING APPROACH, UM, AND, UH, YOU KNOW, WE GOT COVID GOING ON AND JUST CAME OUT OF MY STORM, BUT I THINK, UH, UH, A HIGH LEVEL PLAN AND A FINANCIAL, UH, PLAN AS WELL.
COMMISSIONER IS STILL STARTED.
DID YOU SAY THAT YOU'RE, YOU'RE ADDING THAT TO THE MOTION? I APOLOGIZE.
WELL, WHAT I INTENDED TO SAY, FORGIVE ME, I'M HAVING SOME LAG ON MY COMPUTER, AND SO I'M NOT SURE THAT I'M SYNCED UP PROPERLY WITH THE REST OF YOU.
SO FORGIVE ME, BUT I UNDERSTOOD, UH, COMMISSIONER GREEN TO BE, UH, SUGGESTING CONCRETE SORT OF ITEMS TO BE ADDED TO THE ORDER, IN ADDITION TO JUST A FLAT CONTINUANCE.
AND TO THE EXTENT THAT'S A FRIENDLY AMENDMENT IN THE FORM OF A SECOND, I WOULD ACCEPT THAT.
ALL THOSE IN FAVOR OF THE MOTION TO CONTINUE THIS CASE TO THE NEXT TO THE MARCH MEETING OF THE BSC, ALONG WITH THE CONDITIONS AS, AS NOTED BY COMMISSIONER GREEN, PLEASE SAY AYE.
AND IS ANYONE OPPOSED? AND DID ANYONE ABSTAIN, OKAY, LET ME DO A QUICK COUNT OF THE COMMISSIONERS THAT ARE STILL ON THE LINE.
SO WE HAVE MYSELF CHAIR FIBER COMMISSIONER FOR SAN DIEGO COMMISSIONER GREEN COMMISSIONER, MEALOR COMMISSIONER
SO, UM, SO MS. JACKSON CROCKETT, WHAT WE'VE DONE IS WE'VE JUST, WE'RE JUST GOING TO CONTINUE TALKING TO NEXT MONTH ABOUT THIS CASE.
AND AT THAT TIME WE, WE HOPE THAT YOU'LL COME BACK WITH THE ITEMS THAT WE REQUESTED.
UH, DOES THAT, IS THAT ACCEPTABLE TO YOU? YES, MA'AM.
WELL, THANK YOU AND GOOD LUCK AND WE WILL SEE YOU NEXT MONTH.
UH, AND WILL I BE GETTING LIKE THE, THE EMAIL AGAIN OR, UH, SINCE, UH, MY MOM, UH, OR, UH, MS. UH, NO ADEPT THE LETTERS I'LL BE GETTING THE LETTERS IF I CAN GET AN EMAIL SO I CAN KIND OF STAY ON IT.
UH, MS. CROCKET, THIS IS JACKSON CROCKETT.
UM, IF YOU WOULD EMAIL ME YOUR ADDRESS, YOUR PHYSICAL ADDRESS, I'LL MAIL A COPY OF THE NOTICE TO YOU FOR NEXT TIME.
ITEM NUMBER FOUR ON THE AGENDA.
AND I WAS GOING TO SAY, I CAN JUST HANG UP, RIGHT? YES, YES.
[4. Case Number: CL 2021-019718 Property address: 303 Chaparral Road/ Owner: Jimmy Floyd Smith Staff presenter: John Rodriguez, Austin Code Department Staff recommendation: Repair fire-damaged residential structure]
FOUR.ON THE AGENDA IS CASE NUMBER CL 2021 ZERO ONE NINE SEVEN ONE EIGHT.
AND IS REGARDING THE PROPERTY LOCATED AT 303 CHAPARRAL ROAD STAFF EXHIBITS CAN BE FOUND IN THE TURQUOISE BLUE BOOK IN YOUR GOOGLE DRIVE FOLDER.
LET'S REVIEW SOME FACTS ABOUT THIS CASE.
IT'S A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS CURRENTLY HOMESTEADED IN OCCUPIED AND UNOCCUPIED IN MAY, 2019.
THE STRUCTURE SUFFERED FROM FIRE DAMAGE.
THE HOME IS CURRENTLY UNOCCUPIED INSECURE.
NO PERMITS HAVE BEEN PULLED FOR EITHER REPAIR OR DEMOLITION
[01:40:01]
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO, A THROUGH TWO J AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
JOHN RODRIGUEZ IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE, MARKED AS EXHIBITS TWO, A THROUGH TWO J AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
SPECTRA RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS JOHN RAY OFFICER WITH THE CITY OF AUSTIN AND ASSIGNED TO THIS CODE VIOLATION CASE.
I'M HERE TO DISCUSS THE PROPERTY AT THREE OH THREE
THE CODE DEPARTMENT RECEIVED A COMPLAINT REGARDING STRUCTURAL ISSUES AT THREE OH THREE CHAPPARAL ROAD STRUCTURE FIRE AT THE PROPERTY ON OCTOBER 4TH AND INITIAL INSPECTION WAS PERFORMED AND FOUND THE HOME TO BE IN A DANGEROUS STRUGGLE.
THE HOME HAD SUFFERED SUBSTANTIAL STRUCTURAL DAMAGE TO THE GARAGE AREA OF THE HOME AND HEAVY SMOKE AND WATER DAMAGE TO THE REST OF THE STRUCTURE.
THE PORCH BEDROOM, FURTHEST FROM THE GARAGE HAD VISIBLE SMOKE AND WATER DAMAGE AT THE TIME OF THE INSPECTION.
MR. SMITH DID NOT WANT US TO ENTER THE HOME TO TAKE ANY INTERIOR PHOTOS.
MR. SMITH STATED HE WAS WAITING FOR HIS INSURANCE CLAIM IN ORDER TO BEGIN REPAIRS TO THE HOME.
I WOULDN'T BE SENDING, I NOTICED A VIOLATION ON THE PROPERTY FOR THE VIOLATIONS ON JANUARY 21ST, 2020, A FOLLOW-UP INSPECTION HAD BEEN PERFORMED.
AND I VERIFIED THAT SOME DEMOLITION FOR THE GARAGE HAD BEEN DONE THAT THERE WERE NO ACTIVE PERMITS WITH THE CITY OF AUSTIN ON FEBRUARY 20TH, 2020 DURING A FOLLOW-UP INSPECTION.
I VERIFIED THAT MOST OF THE GARAGE HAD BEEN DEMOLISHED.
MR. SMITH STATED THAT HIS SON AND HIM HAD DONE THE CONSTRUCTION WORKS THEMSELVES, AND THEY WERE STILL WAITING FOR THE CLAIM WITH THE INSURANCE COMPANY.
MR. SMITH PROVIDED ME WITH SOME CONTACT INFORMATION FOR HIS STATED LAWYER, DOUG LAWRENCE, BUT I WAS ONLY ABLE TO VERIFY IF THIS LAWYER WAS RIPPER REPRESENTING MR. SMITH, I COULD NOT GET AHOLD OF HIM AFTER SEVERAL ATTEMPTS, APRIL 24, 2020.
I RECEIVED NOTIFICATION THAT AUSTIN ENERGY AT APPROVED A TEMPORARY LOOP METER ON THE PROPERTY.
AND IT WAS GOING TO BE USED TO POWER A TRAVEL TRAILER ON THE PROPERTY WHILE CONSTRUCTION IMPROVEMENTS WERE BEING MADE TO THE HOME.
NO PERMITS WERE ON FILE FOR ANY RENOVATIONS OR DEMOLITION, OCTOBER 28, 2020.
I POSTED THE NOTICE OF VIOLATION TO THE FRONT OF THE PROPERTY.
MORE LARGE METAL FENCING WAS PLACED AROUND THE FRONT OF THE PROPERTY, AND I COULD NOT SEE ANY OTHER IMPROVEMENTS THAT HAD BEEN MADE ON NOVEMBER 5TH, 2020.
I RECEIVED A CALL FROM CLAUDIA CROCKER, WHO STATED SHE WAS WITH THE VETERANS LEGAL CLINIC AND WAS HELPING MR. SMITH DOING SOMETHING IN THE BEDROOM AND WAS HELPING MR. SMITH IN REGARDS TO THE CITY OF AUSTIN VIOLATION CASE.
SHE INFORMED ME THAT MR. SMITH'S SON WHO WAS HELPING MR. SMITH WITH THE IMPROVEMENTS HAD RECENTLY PASSED AWAY AND THEY WERE REQUESTING AN EXTENSION ON THE CASE TO REVIEW REMEDY OPTIONS AVAILABLE TO THEM.
I ADVISE CLAUDIA THAT EXTENSION REQUESTS WOULD BE GRANTED, BUT, BUT INFORMED HER THAT THE CASE HAS ALREADY BEEN REVIEWED FOR UPCOMING BAC HEARING ON JANUARY 12TH, 2021, I PERFORMED A FOLLOW UP INSPECTION ON THE PROPERTY WITH MR. SMITH, CLAUDIA CROCKER, AND ANOTHER WOMAN WHO WAS A CONCERNED FRIEND AND NEIGHBOR WHO WALKED THE FRONT OF THE PROPERTY.
AND I TOOK SOME UPDATED CONTEXTUAL PHOTOS THAT I WILL PRESENT TONIGHT.
WE DISCUSSED OPTIONS AND BRINGING THE PROPERTY INTO COMPLIANCE.
I WAS ABLE TO GET AN UPDATED PHOTO OF THE CONDITION TO THE GARAGE AREA, BUT MR. SMITH DID NOT FEEL COMFORTABLE WITH US TAKING ANY OTHER PHOTOS OF THE SIDE OR REAR OF THE PROPERTY AND NOT WANT US TO GO INSIDE THE HOME.
AT THIS TIME, THE HOME HAS STRUCTURAL VIOLATIONS PRESENT AND THE HOME REMAINS AS AN UNSAFE STRUCTURE.
I BELIEVE THAT THE INTERIOR OF THE HOME TO BE IN THE SAME CONDITIONS AS OUTLINED IN THE FINAL REPORT, I WILL NOW TAKE YOU THROUGH THE PHOTOS LABELED TWO, A THROUGH TWO J PHOTOS, TWO EIGHT IS A CONTEXTUAL PHOTO, UH, FROM THE STREET LOOKING TOWARDS THE PROPERTY.
[01:45:01]
FENCING THAT HAS BEEN PLACED THERE ON THE SIDE OF THE LEFT-HAND SIDE OF THE HOME.UH, TWO B IS AGAIN, ANOTHER OTHER CONTEXTUAL PHOTO FROM THE STREET LOOKING DIRECTLY AT THE HOME.
UH, YOU CAN SEE THERE'S BEEN, UM, BLACK SCREENING HAS BEEN PLACED, UH, OVER THE PORCH AREA AND A LARGE FENCING HAS BEEN PLACED AROUND THE SIDE OF THE HOME, RIGHT? WHO C AND TWO D I WILL TAKE YOU THROUGH TO SEE THESE PHOTOS ARE FROM THE FURTHEST, UM, AREA FROM WHERE THE FIRE HAD ORIGINALLY STARTED IN THE GARAGE, SMOKE AND FIRE DAMAGE CAN BE SEEN IN THE PHOTOS TO THE ROOF, SOFFIT AND SMOKE STAINS CAN BE SEEN ON THE BRICKS TO THE HOME.
JUDY ALSO SHOWS THE, THE, UH, FURTHEST AREA FROM THE, WHEN THE FIRE ORIGINALLY STARTED, WHICH WAS THE GARAGE.
UM, YOU COULD SEE THERE, THE ROOF SULFATE THERE'S SMOKE AND FIRE DAMAGE.
UM, THE SIDE DOES SHOW SOME PLYWOOD THAT HAS BEEN PLACED TO, UM, SECURE SOME MISSING SIDING.
WHO WE SHOWING SOME FIRE AND WATER DAMAGE TO THE SIDING, UH, THE ROOFING SOFFIT OF THE HOME.
UH, AGAIN, THAT'S PROBABLY WHAT IT'S BEEN PLACED OVER, UM, FOR THE MISSING SIDING.
NEXT SLIDE, TWO F IS SHOWING AGAIN, JUST A CLOSE UP VIEW OF THE EXTENT OF THE SMOKE, WATER AND FIRE DAMAGE TO THE ROOF AND SOFFIT X SLIDE G IS A PHOTO OF THE FRONT PORCH AREA OF THE POEM OF THE HOME.
THIS WAS THE CLOSEST LIVING AREA, I GUESS, TO THE GARAGE WHERE THE FIRE ORIGINALLY STARTED.
YOU CAN SEE THAT THERE'S SOME DAMAGE TO THE ROOFING, SOFFIT AND SMOKE DAMAGE.
THAT'S VISIBLE ON THE BRICK SLIDE.
TWO H IS A PHOTO BEHIND THE, UH, METAL FENCING THAT WE HAD GOTTEN APPROVAL FROM MR. SMITH, UH, THE DAY THAT INSPECTION TO GO AHEAD AND VIEW THE AREA OF THE HOME, WHERE THEY HAD THE FIRE INITIALLY STARTED.
UM, YOU CAN SEE WHERE THE TRACTOR OR THE BOBCAT IS LOCATED.
UH, THERE WAS AN ACTUAL STRUCTURE THERE, BUT IT'S NOW SINCE BEEN DEMOLISHED SLIDE.
THIS IS JUST A UP CLOSE VIEW OF THE MISSING GARAGE, BUT THIS METAL SIDING HAS BEEN PLACED OVER THE, A LIVABLE LIVING AREA OF THE HOME, WHICH I BELIEVE IS, IS THE KITCHEN AREA.
THIS IS JUST A CONTEXTUAL PHOTO OF THE AREA OF THE DERIVES THAT HAS NOW BEEN DEMOLISHED.
THIS CONCLUDES MY PRESENTATION, I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT TO THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO J STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $280 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
THANK YOU, COORDINATOR ALLIE, GO AHEAD AND ADMIT EXHIBITS ONE AND EXHIBITS TWO THROUGH TWO J.
AND DO WE HAVE CLAUDIA CRACKER ON THE LINE WITH US TONIGHT? YES.
HI, EVERYONE DEFER TO DOUG LAWRENCE.
HE'S UH, THE, UH, DIRECTOR OF THE VETERANS LEGAL SERVICES AND OTHER ON THIS FOR MANY MONTHS WITH MR. RODRIGUEZ AND MR. SMITH.
WHO'S ALSO HERE WITH US TONIGHT.
[01:50:01]
OKAY.SO DOUG LAWRENCE IS ALSO ON THE LINE.
IF YOU'D LIKE TO GO AHEAD AND PROCEED.
UM, MR. SMITH WANTS TO MAKE THE REPAIRS TO THE HOME AND, UH, WE WE'VE BEEN SEARCHING FOR WAYS TO FINANCE THAT, UH, DUE TO HIS AGE OF 86 YEARS AND HIS INCOME OF 700, $6 A MONTH.
HE'S PROBABLY ELIGIBLE FOR A FEW OF THE VETERANS ADMINISTRATION PLAN THAT THEY HAVE FOR REHABILITATING AND IMPROVING THE HOME.
UH, THERE'S TWO SEPARATE AND DISTINCT PLANS.
ONE'S A REAL REHABILITATION, DISABILITY AND LOAN.
AND THE OTHER IS A GRANT AND THERE'S A APPLICATION PROCESS AS WE HAVE BEGUN.
AND WE'RE GOING TO BE WORKING ON THAT TO TRY AND GET SOME FINANCING.
THERE'S ALSO A, ANOTHER PROGRAM CALLED VETERANS BUILD THAT ACTUALLY HELPS VETERANS WITH REPAIRS TO THEIR HOUSE.
UH, WE ARE ALSO CURRENTLY EXPLORING WHAT WENT WRONG WITH THE INSURANCE TO SEE THAT MAKE SURE THAT HE GETS EVERYTHING THAT'S DUE TO HIM FROM THE INSURANCE COMPANY.
UM, YOU KNOW, DO THESE APPLICATION PROCESSES TAKE SOME TIME, AND THAT'S WHAT WE'VE BEEN LOOKING ON.
WE'VE ALSO BEEN LOOKING AT, UH, THE POSSIBILITY OF A PRIVATE LOAN.
UH, MR. SMITH FAMILY HAS BEEN ON THAT PROPERTY SINCE 1946 AND ALL OF THE, ALL THE FAMILY WEALTH WOULD BE TIED UP INTO THE LAND ITSELF.
SO WE'RE ALSO LOOKING AT ALL THE LOAN OPTIONS THAT WE CAN GET.
IT WOULD ALLOW US TO MAKE THE REPAIRS THAT ARE REQUESTED AND GO FORWARD.
BUT 45 DAYS IS GOING TO BE A DIFFICULT TURNAROUND PERIOD WHEN YOU'RE DEALING WITH THE VA AND ALL OF THEIR APPLICATION PROCESS, WE WOULD NEED SOME MORE TIME, UH, TO GET THOSE SUBMITTED TO THEM AND FOR THEIR REVIEW AND TO HAVE IT SENT BACK TO US, YOU KNOW, DEPENDING ON WHAT THEY, UH, FINALLY RULE.
HOW LONG DO YOU THINK WE NEED, LIKE 12 MONTHS? UH, IT'S A SLOW PROCESS.
UM, IT DEFINITELY HAS BEEN A NEED SEVERAL MONTHS TO WORK OUR WAY THROUGH THE LOAN APPLICATION AND THE GRANT APPLICATION PROCESS WITH THE VA.
UM, MR. LAWRENCE AND MS. CROCKER, I HAVE A QUESTION FOR YOU, MR. LAWRENCE, DID INSPECTOR RODRIGUEZ HAVE THE CORRECT NUMBER FOR YOU? BECAUSE IT DOES APPEAR THAT HE HAD BEEN TRYING TO REACH OUT FOR YOU FOR SEVERAL MONTHS, THAT COMMUNICATION BETWEEN MR. SMITH AND I, WE, UH, UH, I WORKED FOR THE AUSTIN PARK FOUNDATION, VETERANS LEGAL ASSISTANCE PROGRAM.
I'M THE MANAGING ATTORNEY AND WE DO WALK-IN CLINICS, OR WE DID DO WALK-IN CLINICS AT THE VA, AND HE CAME TO ONE OF OUR, UM, ONE OF OUR CLINICS.
HE SPOKE WITH ME AND HE SPOKE WITH ANOTHER ATTORNEY AND, UH, THERE, THERE WAS NEVER ANY INDICATION ON OUR PART THAT WE HAD ACCEPTED THE CASE.
IT WAS MORE OF AN INFORMATIONAL THING, AND WE HADN'T GOTTEN A LOT OF THE INFORMATION ON THAT.
SO AT THAT TIME, AND EVEN RIGHT NOW, I'M NOT ACTUALLY AT THE ATTORNEY ON THIS HERE HELPING WITH THEM.
UH, SO WE'RE ATTEMPTING TO PLACE THE CASE WITH OTHER ATTORNEYS DURING THAT TIMEFRAME.
AND, UH, I JUST NEVER DID GET IN CONTACT WITH MR. RODRIGUEZ.
DID YOU HAVE A QUESTION? OH, WE CAN'T HEAR YOU.
UM, I WAS GOING TO ASK THE, WHAT IS, UH, WHAT IS A REASONABLE TIMEFRAME? I MEAN, I'VE DEALT WITH THE VA AND I UNDERSTAND THERE'S SOME CHALLENGES THERE.
WHAT ABOUT, UH, WHEN YOU CAN GIVE ME, GIVE US A BALLPARK? I MEAN, UM, WE NEED TO ADDRESS, I'D LIKE TO ASK HER.
I MEAN, WE, WE WOULD LIKE TO ASK FOR A YEAR, BUT, UH, YOU KNOW, IT, YOU KNOW, IF WE CAN MAKE SOME CALLS, I'D BE ABLE TO DO IT IN LESS THAN A YEAR IN TERMS OF THAT.
UM, IT'S JUST, UH, YOU KNOW, IT'S A VERY BYZANTINE PROCESS, UH, WITH A LOT OF, YOU KNOW, YOU SEND IN THE APPLICATION, THEY SEND IT BACK TO YOU AND THEN YOU SEND THEM MORE INFORMATION, UH, AND IT GOES BACK AND FORTH FOR A WHILE DURING THAT, THAT, BUT THIS IS QUITE A KROGER.
UM, DOUG AND I ARE WILLING TO WORK ON THIS, UM, YOU KNOW, NON STOP AND GET IT DONE AS QUICKLY AS POSSIBLE, BOTH FOR THE CITY AND
[01:55:01]
MR. SMITH, OF COURSE.HOW ABOUT IF WE, UH, UM,
UH, BRANDON CARSON CITY ATTORNEY, UM, THE LAW ACTUALLY SAYS THAT YOU MAY NOT ALLOW AN OWNER AND PART OF THE 90 DAYS REPAIR A MOVER, DEMOLISH THE BUILDING, UM, UNLESS THEY SUBMIT A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK AT THE HEARING AND ESTABLISH AT THE HEARING THAT THE WORK CANNOT BE REASONABLY COMPLETED AT THE 10 90 DAYS BECAUSE OF THE SCOPE, THE COMPLEXITY OF THE WORK.
SO YOU HAVE THE OPTION OF UP TO 90 DAYS, UNLESS YOU FEEL THAT THEY PROVIDED YOU WITH A DETAILED PLAN, A TIME SCHEDULE FOR THE WORK.
OTHERWISE WE HAVE THE OPTION OF CONSIDERING A CONTINUANCE AND ASKING THEM FOR SPECIFIC INFORMATION THAT YOU'D LIKE THEM TO BRING BACK THEIR ATTORNEY.
UM, THAT PLAN, I'M GOING TO ASK OUR PROPERTY REPRESENTATIVES TOO.
WE'RE GETTING A LOT OF BACKGROUND CHATTER.
WE'RE GETTING A LOT OF BACKGROUND CHATTER.
COULD EVERYONE PLEASE MUTE AND I WILL CALL, SO WE'RE OKAY.
I THINK THAT'S PERHAPS COMMISSIONER THOMPSON.
THERE'S AN OLD FASHIONED WAY TO BE MR. THOMPSON.
I NEVER, UNLESS YOU'RE ACTUALLY TRYING TO GET MY ATTENTION TO SAY SOMETHING.
I WOULD NOT MIND GETTING YOUR ATTENTION, BUT NOT THIS WAY.
UM, I DID HEAR A QUESTION I DO WANT TO CLARIFY BRANDON CARR IS THE CITY ATTORNEY.
WE RELY ON HIM HEAVILY TO MAKE SURE THAT WE STAY WITHIN THE LINES.
UM, HE'S NOT THE COMMISSION'S ATTORNEY.
WE JUST, WE CONSULT WITH HIM, UH, AND HE TELLS US WHAT WE ARE ABLE TO DO AND WHAT WE ARE NOT ABLE TO DO.
WHAT BASICALLY, WHAT IS WITHIN OUR PURVIEW, UM, COMMISSIONER GREEN, YOU HAD ASKED KIND OF WHAT OUR OPTIONS WERE FOR EXTENDING THE TIMEFRAME.
UM, THE CARD GAVE A GREAT GUIDELINE.
UH, YOU, YOU GOT TO HAVE A PLAN IF YOU'RE GOING TO GO BEYOND 90 DAYS.
SO I, I THINK, UH, UM, UH, THAT WOULD BE A GOOD START.
MAYBE EVEN A PLAN WITHIN 60 DAYS.
I'M NOT SURE HOW THE COMMISSION FEELS ABOUT THAT.
I UNDERSTAND THAT THE BUREAUCRACY CAN DRAG OUT, UM, BUT, UH, IT'S A SAFETY ISSUE AS WELL.
SO, UM, UM, I THINK THAT WE NEED TO SEE A PLAN WITHIN 90 DAYS.
AND, UH, UH, THEN MR. WHAT WOULD YOU HAVE A CONDITION TO GO BEYOND THAT, TO GO BEYOND 90 DAYS, YOU HAVE TO HAVE THE DETAILED PLAN AND TIME SCHEDULED FOR THE WORK.
AND THEY HAVE TO ESTABLISH THAT THE WORK CANNOT BE REASONABLY COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPE AND COMPLEXITY OF THE WORK ADDS TO THE COMPLEXITY OF THE WORK INCLUDES DEALING WITH THE FEDERAL GOVERNMENT.
IS THAT A REASONABLE STATEMENT? YOU KNOW, UM, CHAPTER TWO 14 OF THE LOCAL GOVERNMENT CODE, ISN'T, DOESN'T GO INTO DETAIL WHAT THAT MEANS.
SO I THINK YOU CAN CONSIDER THAT BROADLY, THERE WOULD BE A THIRD OPTION TOO, WHICH WOULD BE TO GO AHEAD AND ADOPT AN ORDER, UM, AND PERHAPS, YOU KNOW, FOR 90 DAYS, BUT PERHAPS REDUCE THE PENALTIES WITH THE UNDERSTANDING THAT THIS PROBABLY IS GOING TO EXCEED 90 DAYS, BUT, YOU KNOW, WE COULD CONSIDER SOMETHING LIKE THAT.
I RECOMMEND THE MOST STRAIGHT FORWARD.
UM, I RECOMMEND THE MOST STRAIGHT FORWARD PROCESS IN ORDER, IF YOU COULD JUST CLARIFY WHAT YOU MEAN BY THE MOST STRAIGHTFORWARD, UM, THE ONE YOU PROPOSED OR THE ONE WHERE THEY COME BACK IN 90 DAYS WITH A DETAILED PLAN AND, UM, UM, WHY IT'S A COMPLEX AND CANNOT BE DONE, UH, WITHIN THE TIMEFRAME.
ONE OF THOSE TWO TIMES WHERE THEY KNOW THEY HAVE TO GO
[02:00:01]
US A PLAN IF THEY DON'T, UH, AND, UM, ARTISTS ARE, I GUESS THE SANCTIONS WOULD KICK IN, UM, OR IT WOULD BE WHAT TO PROPOSE IS EXCEPT THE, UH, UM, UH, PROPOSED FINDINGS OF FACT.BUT, UH, I THINK WHEN YOU MENTIONED SOMETHING ABOUT THE, UH, MODIFYING THE, UH, THE PENALTIES, WE COULD, WE COULD CERTAINLY CONSIDER THAT AS A COMMISSION YES.
UM, AND EVEN, YOU KNOW, EVEN AS THE FINES DO BEGIN TO ACCRUE, THE PROPERTY REPRESENTATIVE IS WELCOME TO COME BACK AND TALK TO US AGAIN, ONCE ALL THE REPAIRS HAVE BEEN COMPLETED TO TELL US ABOUT THE ENTIRE PROCESS.
AND, AND WE'VE DONE THAT MANY TIMES, WE HAVE, THAT'S A PROCESS WE'VE DONE BEFORE.
WELL, I, I CAN'T MAKE A MOTION AS CHAIR.
UH, UH, CAN WE STOP? CAN YOU HELP ME, UH, UH, APPROPRIATELY FORMULATE SO OWN THE TWO.
I UNDERSTAND IT IT'D BE OPTING FOR THE LATTER OF THE TWO PROPOSALS.
I THINK THAT'S JUST, WE'VE DONE THIS PROCESS BEFORE.
UH, I THINK IT'S ALWAYS GOOD TO, UH, FOLLOW PREVIOUSLY, UH, UM, DEFINE AND REFINE PROCESSES.
LIKE MINE MIGHT GET A LITTLE COMPLEX AND, UH, OUTSIDE THE LINES THAT WOULD TYPICALLY FALL.
SO I WOULD RECOMMEND THAT WE TAKE, UH, THE FINDINGS OF FACT, BUT RECOMMEND THAT THEY COME BACK, UH, AS THEY MOVE FORWARD WITH THEIR PLANS AND WE CAN MAKE MODIFICATIONS TO ANY TYPE OF PENALTIES FROM THERE.
SO BASICALLY 90 DAYS TO ISSUE AN ORDER FOR REPAIRS TO BE COMPLETED WITHIN 90 DAYS.
BUT PERHAPS MODIFY THE PENALTIES, WHICH ARE CURRENTLY AT $280 PER WEEK.
WE DO HAVE THE OPTION TO MODIFY THAT.
HAVE WE CLOSED IT? WE HAVE NOT CLOSED THE PUBLIC HEARING.
ARE YOU THINKING YOU WOULD LIKE TO TALK TO THE PROPERTY REPRESENTATIVE OR, OR WERE YOU WANTING TO CLOSE THE PUBLIC HEARING? I THINK WE'RE READY TO CLOSE PUBLIC HEARING.
SO NOW IS THERE ANOTHER EMOTION THERE MR. GREEN? I MOVED TO ADAPT STAFF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF MORE OF A, ON AN ORDER, UH, RECOMMEND AN ORDER EXCEPT FOR, UH, WHAT WAS THE PENALTY DEPENDENT WOULD BE $280 A MONTH OR A WEEK.
SO IT'S CURRENTLY $280 PER WEEK, OR I'M SORRY.
THAT'S WHAT STAFF IS RECOMMENDING AND, UH, UH, FOR 90 DAYS.
AND, UH, SEE, I WOULD JUST SAY, UH, WE MOVED TO, UH, POST THE HEARING AND DEATH.
UH, STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.
UM, WHAT WAS THE, WHAT WAS THE MODIFICATION I WAS GOING TO MAKE? UH, I THOUGHT WE, YOU HAD TALKED ABOUT PERHAPS EXTENDING THAT TO 90 DAYS.
IT'S CURRENTLY AT 45 DAYS TO MAKE ALL REPAIRS.
90 DAYS YESTERDAY, THEY EXTENDED TO 90 DAYS.
AND THEN LEAVING THE PENALTIES AS IS FOR NOW, KNOWING THAT THEY CAN COME BACK ONCE REPAIRS ARE ALL COMPLETE AND TALK TO US AGAIN, IS THAT WHAT YOU'RE THINKING OR IS THAT YOUR INTENT? I'M GOING TO REQUEST AN UPDATE.
UH, MR. CARR, CAN WE REQUEST AN UPDATE AS PART OF THIS? YOU CAN, UM, AS A PART OF THAT 90 DAYS, YOU CAN, UM, WELL, LET'S SEE.
AND, AND THEY PROVIDE AN UPDATE AT 90 DAYS.
IT SAYS, IF YOU, IF YOU GET THEM OVER 90 DAYS, YOU CAN, UH, YOU CAN REQUIRE THE UPDATES AND THE PARTNER SUPPORTS, BUT THERE'S NO PROHIBITION ON DOING IT IF YOU HAVE A LESS THAN 90 DAY ORDER.
SO YOU CAN STILL ASK THEM TO COME BACK IN 30, 60, 90 DAYS IF YOU'D LIKE, OKAY, LET ME JUST SHOW YOU JUST AGAIN, UM, SORRY, FOLKS, AND MAKE THE FEEL PAINFUL.
[02:05:01]
UH, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER, EXCEPT TO CHANGE IT FROM 45 TO 90 DAYS AND TO PROVIDE A REPORT AT 60 DAYS.AND THE PENALTY WOULD STILL BE TWO 80 A WEEK, CORRECT? CORRECT.
JUST TRYING TO MAKE SURE EVERYONE ON THE PHONE IS AWARE TOO.
FURTHER DISCUSSION ON THE MOTION THAT'S BEFORE US, DOES EVERYONE DO ALL THE COMMISSIONERS UNDERSTAND THE ORDER OR THE, THE MOTION? UH, CHAIR.
DO YOU WANT THAT TO BE A WRITTEN REPORT OR DID THEY, YOU WANT THEM TO APPEAR AT THE COMMISSION? I WANT A WRITTEN REPORT.
FROM, FROM THE PROPERTY REPRESENTATIVE OR FROM STAFF PROPERTY REPRESENTATIVE, IT DOESN'T HAVE TO BE A HUNDRED PAGES.
IT CAN BE A ONE-PAGER BULLET POINT.
IS THAT ACCEPTABLE TO YOU? COMMISSIONER MILLER? YES.
I MEAN, THE REPORT SHOULD INCLUDE, YOU KNOW, IF THEY HAVE BIDS OR ANY SUPPORTING DOCUMENTS, THEY SHOULD BRING THAT AS WELL.
I DON'T THINK WE NEED TO SPECIFY THE DETAILS WITH THE REPORT.
WE JUST NEED TO REPORT ON THEIR PLAN AND THEIR PROGRESS.
THE REPORT WILL TELL US A LOT CHAIR, IF THAT'S A WRITTEN REPORT, THEY WOULD NOT BE COMING BACK TO THE COMMISSION.
THEY WOULD JUST SEND THAT TO ME.
IS THAT CORRECT? IS THAT YOUR INTENT COMMISSIONER GREEN? THAT'S THAT'S WHAT I'M HEARING.
IT'S KIND OF AN EITHER OR, OH, I AGREE EITHER.
OR WE ASKED THEM TO COME BACK AND SUBMIT A REPORT, BUT I THINK THAT THE POINT OF A REPORT IS THEN THEY WOULDN'T HAVE TO ACTUALLY TAKE IT.
YOU WOULDN'T HAVE TO COME BACK TO TALK TO US.
SO THE, IT SOUNDS FAIR TO ME BECAUSE IF THEY WOULD NEED TO COME IN BEFORE THE 90 DAYS, THEN THAT SORT OF DEFEATS THE WHOLE PURPOSE.
UM, AND OF COURSE, IF THINGS ARE NOT COMPLETED WITHIN THE 90 DAY PERIOD, THEY START INCURRING THOSE PENALTIES.
SO THERE'S ALREADY THAT INCENTIVE THERE.
SO JUST WRITTEN REPORT IS, IS YOUR INTENT COMMISSIONER GREEN.
AND COMMISSIONER MILLER, SINCE YOU SECONDED, THAT'S ACCEPTABLE TO YOU AS WELL? YES.
ANY FURTHER DISCUSSION FROM THE COMMISSIONERS? OKAY.
I'LL CALL THE QUESTION ALL IN FAVOR OF THE MOTION TO ACCEPT THE STAFF'S RECOMMENDED ORDER.
WELL, TO REVISE THE STAFF'S RECOMMENDED ORDER THAT ALL REPAIRS BE COMPLETED WITHIN 90 DAYS.
AND IF ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, THEN THE PENALTIES OF $280 PER WEEK WILL, WILL BEGIN TO ACCRUE AND TO REQUIRE A WRITTEN REPORT FROM THE PROPERTY OWNER WITHIN 60 DAYS, BASICALLY FOR OUR APRIL MEETING IS WHEN WE WOULD LIKE TO SEE THAT.
IS ANYONE OPPOSED? DID ANYONE ABSTAIN? OKAY, SO I'M COUNTING MYSELF, UH, FOR SANYO GREEN MUELLER,
SO SEVEN IN FAVOR, THE MOTION PASSES.
UM, SO MS. CROCKER AND MR. LAWRENCE AND MR. SMITH, IF YOU'RE ON THE LINE AS WELL, DO YOU UNDERSTAND WHAT WE JUST DID? YES.
MR. SMITH IS HARD OF HEARING, SO I DON'T.
DO YOU HAVE ANYTHING TO SAY MR. SMITH? ARE YOU COOL? OKAY.
AND A COPY OF THIS ORDER WILL BE MAILED TO YOU AND, UM, WE WISH YOU, WE WISH YOU THE BEST OF LUCK.
THANK YOU FOR TALKING WITH US THIS EVENING.
[5. Case Number: CL 2019-051025 Property address: 707 W. 14th Street / Owner: East Forty Fourth Street LLC Staff presenter: Willis Adams, Austin Code Department Staff recommendation: Repair fire-damaged commercial structure]
I BELIEVE WE'RE MOVING ON TO CASE NUMBER FIVE OR ITEM NUMBER FIVE.ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 2019
[02:10:02]
ZERO FIVE ONE ZERO TWO FIVE AND RE IS REGARDING THE PROPERTY LOCATED AT SEVEN OH SEVEN EAST 14TH STREET.STAFF EXHIBITS CAN BE FOUND IN THE BROWN BOOK IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THE CASE IS ABOUT AN UNOCCUPIED DIDN'T INTERRUPT.
IS IT ACTUALLY EAST 14TH OR WEST 14TH? IT IS WEST 14TH.
SO LET ME CORRECT THAT AT SEVEN OH SEVEN WEST 14TH STREET.
SO HERE'S SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT AN UNOCCUPIED AND BOARDED COMMERCIAL PROPERTY.
THE STRUCTURE SUFFERED FROM FIRE DAMAGE IN 2018.
THE CASE WAS ESCALATED TO BSC IN 2019, BUT WAS NEVER HEARD DUE TO A CHANGE IN OWNERSHIP.
PROPERTY HAS A HISTORY OF HOMELESS ACTIVITY.
THERE ARE UNSAFE AND DANGEROUS CONDITIONS, SERIOUS STRUCTURAL CONDITIONS, AND THERE HAS BEEN NO CHANGE IN STATUS.
IN THE LAST SEVERAL YEARS IN THE GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICE OF VIOLATION, NOTICE OF HEARING AND REQUIRED POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO, A THROUGH TWO H AND LASTLY CODES RECOMMENDED ORDER CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS IN THIS CASE MARKED AS EXHIBITS TWO A THROUGH TWO H AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING ONCE AGAIN, COMMISSIONERS.
UH, MY NAME IS WILLIS ADAMS. UH, I AM ASSIGNED TO THIS CASE, THE CASE CAME, UH, TO OUR ATTENTION BACK IN MAY OF 2018.
UH, THERE WAS A SEVERE FIRE THAT HAPPENED AT THE PROPERTY.
UH, IT WAS, UH, FORMERLY LAW OFFICE.
UH, MOST OF THE DAMAGE WAS IN THE REAR PORTION OF THE STRUCTURE.
HOWEVER, UH, THERE WAS SMOKE DAMAGE THROUGHOUT THE STRUCTURE.
UM, CURRENTLY THE STRUCTURE HAS NO ELECTRICAL SERVICE AND, UH, IS NOT SUITABLE FOR OCCUPATION.
UH, THERE IS TWO HOLES IN THE ROOF NEAR A DORMER AT THE TOP OF THE ROOF THAT IS VISIBLE FROM THE EAST SIDE OF THE PROPERTY.
UH, ALSO, UH, THAT PROPERTY HAS, UH, BEEN, HAD EXTENSIVE, UH, HOMELESS ACTIVITY THERE THEY'VE BROKEN WINDOWS TO GET IN.
UH, THEY ACTUALLY BROKEN, GOT INTO THE CRAWL SPACE, UH, BACK IN, UH, MARCH OF 2020, UH, AT THE CALL, UH, A STEAM TEAM TO COME OUT AND BOARD AND SECURE THE PROPERTY AS THEY CONTINUED TO GET IN THE PROPERTY.
UM, DURING THE 2018, FROM THE, FROM THE FIRE, UH, FROM THE DATE OF THE FIRE ON MAY 5TH, UH, I CONTINUE TO DO MONTHLY INSPECTIONS AT THE PROPERTY.
I DID SPEAK WITH THE FORMER OWNER.
ACTUALLY, HIS MOM WAS THE ONLY ONE.
SHE LIVED IN SAN ANTONIO, BUT HE WAS PRETTY MUCH HANDLING THE PROPERTY.
AND ON A NUMBER OF OCCASIONS, HE, UH, MADE A POINT THAT HE WAS GOING TO HAVE THE PROPERTY DEMO.
HE DID SECURE A DEMO PERMIT, BUT IT WAS NEVER A, IT NEVER WENT TO FRUITION.
UM, I BELIEVE IN, UH, THE END OF 2019, UH, ACTUALLY, NO, I'M SORRY.
YES, THE END OF 20, IT WAS SO TO THE NEW OWNER, UM, A NOTICE OF VIOLATION WAS SENT TO THAT NEW OWNER, UH, IN MARCH OF 2020, UH, AGAIN FOR THE CONDITIONS THAT EXISTED, UH, FROM THE FIRE.
UH, ALSO DURING THAT, UH, PERIOD, THERE WAS A HERITAGE TREE THAT WAS CUT DOWN ON THE LOT.
I INFORMED THE CITY ARBORIST, DANIEL PRIEST.
UH, HE CAME OUT AND I THINK HE, HE PLAYED AT POST PLACED A VIOLATION, UH, FOR THE REMOVAL OF THAT TREE SINCE, UH, UH, THE BEGINNING OF, UH, THE PANDEMIC.
UH, I HAD CONTINUED TO MAKE, UH, UH, INSPECTIONS MONTHLY AT THE PROPERTY.
UH, I HAVE SPOKEN WITH A NEW OWNER, UH, DURING THE SUMMER OF 2020 WHEN THERE WAS SOME ISSUES WITH THE PROPERTY GROUNDS, HIGH WHEAT GRASS.
HE HAS MAINTAINED THE OUTSIDE AREA OF THE PROPERTY, UH, FAIRLY WELL.
HOWEVER, THE STRUCTURE ITSELF STILL HAS SERIOUS ISSUES AT THIS TIME.
I'D LIKE TO PRESENT THE PHOTOGRAPHS FROM TWO 80 TO TWO H TO SUPPORT, UH, THE OBSERVATIONS AT THE PROPERTY.
UH, HERE'S A CONTEXTUAL PICTURE OF THE PROPERTY, UH, FROM THE EAST SIDE, UM, OF, UH, SEVEN OH SEVEN.
YOU CAN SEE, UH, THE HAS, UM, GRAFFITI ON THE FRONT.
UH, THE NEXT PHOTOGRAPH WOULD PROBABLY GIVE A CLEARER OBSERVATION OF THE CONDITIONS THERE.
[02:15:01]
SMOKE DAMAGE, RIGHT UNDER THE ADDRESS, UH, THE GRAFFITI ON THE FRONT, I PLACED PLACARDS ON THE PROPERTY WAY BACK AT 2018 FOR IN DANGEROUS CONDITIONS.ALSO, THERE'S A NOTICE OF VIOLATION POSTED AT THE PROPERTY AND NEXT PHOTOGRAPH, PLEASE.
UH, THE CURRENT OWNER, UM, ACTUALLY HAD A ZONING SIGN PLACED IN THE FRONT OF THE PROPERTY, I BELIEVE IN THE MIDDLE OF LAST YEAR.
AND AT THE SAME TIME HE POSTED NO TRESPASSING SIGNS BECAUSE THERE HAD BEEN SIGNIFICANT, UH, ACTIVITY OF HOMELESS PERSONS.
UH, APD HAD BEEN CALLED OUT A NUMBER OF TIMES BEFORE THE ISSUES THAT HOME OR THAT BUSINESS IS VERY CLOSE, A VERY CLOSE TO THE NEXT PROPERTY ON THE WEST SIDE OF THE PROPERTY THERE 709 WEST 14TH.
AND IN THIS PICTURE, YOU'LL SEE ON THE TOP OF THE ROOF, UH, TO THE RIGHT SIDE OF THE DORMER, UH, THERE IS A HOLE IN THE ROOF JUST BELOW THE CHIMNEY.
UH, YOU CAN ALSO SEE THE BROKEN WINDOWS ON THE TWO BROKEN WINDOWS ON THE REAR PORTION OF THE SIDES OF THEIR PROPERTY.
ALSO, HE DID POST AGAIN, THERE IS A POSTING OF A NO TRESPASSING.
UM, THOSE WINDOWS HAVE BEEN BOARDED UP FROM THE INSIDE, BUT AS YOU CAN SEE, THE OTHER TWO WINDOWS ARE BROKEN OUT.
UH, THE NOTES PHOTOGRAPH, PLEASE.
I JUST MENTIONED, UH, AS YOU CAN SEE, THERE IS LIGHT SHINING THROUGH THOSE WINDOWS INDICATING THERE'S A HOLE IN ROOF ON THAT REAR PORTION.
I BELIEVE THAT REAR PORTION WAS THE KITCHEN WHERE THE PRO FOR THE FIRE, UH, PRIMARILY STARTED.
UM, AND AS YOU CAN SEE, THERE'S ALSO A HOLE ON THE, UH, DEBT ROOF DAMAGE ON THE LEFT SIDE OF THE DORMER.
AND THIS IS A BETTER PICTURE SHOWING, UH, HOW THOSE WINDOWS ARE BROKEN OUT.
SOMEONE CAN GET IN, UH, YOU CAN SEE RIGHT THROUGH THE CEILING THERE, UH, AND RIGHT, AND SEE THE SKYLINE.
THIS IS THE REAR OF THE PROPERTY, AS YOU CAN SEE IT SUSTAINED MOST OF THE DAMAGE.
UH, IT IS BOARDED UP, UM, THE STEAM TEAM THAT HAD COME OUT, UH, LAST YEAR TO BOIL IT UP, BORE THAT, THAT LOWER PORTION THERE, BELOW THAT, UH, UH, TURQUOISE GRAFFITI, UH, THEY BOUGHT AT THAT PORTION OF THAT'S WHERE HOMELESS PERSONS WERE GETTING INTO THE PROPERTY.
AND AGAIN, THIS IS JUST A, CLOSE-UP SHOWING, UH, THE SEVERE ROOF DAMAGE ON THE REAR OF THAT PROPERTY.
UM, THIS PROPERTY HAS BEEN A NUISANCE, UH, PROPERTY IN THE NEIGHBORHOOD.
AGAIN, THEY'RE HOMELESS, THERE'S A LOT OF HOMELESS ACTIVITY.
UH, IT IS VERY CLOSE TO THE ADJACENT PROPERTY ON THE WEST SIDE.
UM, SO THERE ARE CONCERNS ABOUT IF SOMEONE GETS IN THERE AND STARTED ANOTHER FIRE THAT THEY WOULD ALSO, THEY COULD POSSIBLY SPRAY IT TO THE ADJACENT PROPERTY.
SO IT PRESENTS A CLEAR AND PRESENT DANGER TO THE, THE ADJACENT PROPERTY AND ALSO A NUISANCE FOR THE NEIGHBORHOOD.
UH, THIS WILL CONCLUDE MY PRESENTATION AND I'M OPEN TO ANY QUESTIONS YOU MAY HAVE 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 AND IS CONSIDERED UNSAFE WITH SUBSTANDARD 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 PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO H STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
I'LL GO AHEAD AND ADMIT EXHIBIT STAFF EXHIBITS ONE.
AND DO WE HAVE, UH, I BELIEVE IT IS J READY ON THE LINE.
I AM AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
UM, ALSO I CAN ADD TO STAFF'S TESTIMONY IF YOU'D LIKE, YES, PLEASE.
UH, PLEASE GO AHEAD AND KIND OF TELL US YOUR, YOUR STORY.
AND THEN WE'LL, THEN WE'LL ASK QUESTIONS AS MR. ADAMS STATED, I, UH, PURCHASED THE PROPERTY.
THE PURCHASE DATE WAS THE 10TH OF JANUARY, 2020, AND, UM, THE
[02:20:01]
HERITAGE TREES YOU MENTIONED HAD BEEN REMOVED PRIOR TO THAT DATE.AND I MET WITH MR. PRIEST, THE TREE INSPECTOR, AND HE CONFIRMED THAT THERE WAS NO LEGAL RESPONSIBILITY FOR ME OTHER THAN TO REPLACE IT.
THE, UM, THERE WAS, AS MR. ADAMS STATED A DEMOLITION PERMIT OBTAINED BY THE PREVIOUS OWNER, IT HAD EXPIRED.
I CONTACTED THE CONTRACTOR THAT HAD OBTAINED IT.
HE TRIED TO GET THE CITY TO REACTIVATE IT AND WAS NOT SUCCESSFUL.
SO, UH, I AM IN THE PROCESS OF APPLYING FOR A DEMOLITION PERMIT, UNFORTUNATELY THAT REQUIRES A SITE PLAN TO BE IN PLACE.
AND, UH, AS MR. ADAMS STATED, I'VE GONE THROUGH A REZONING PROCESS AND A SERVICE EXTENSION REQUEST PROCESS AND SUBMITTED A SITE PLAN, UH, JUST BEFORE THANKSGIVING LAST YEAR.
AND SO I'VE BEEN WORKING AS QUICKLY AS I CAN TO GET TO A SITE PLAN.
THE, THE CITY PROCESSES, THIS IS MY FIRST TIME.
SO THEY TAKE, UH, FOR EXAMPLE, THE SERVICE EXTENSION REQUEST, THE CITY DIDN'T RESPOND FOR 90 DAYS.
AND, UM, SO MY HOPE IS THAT I CAN GET A SITE PLAN NUMBER WITHIN THE NEXT 45 DAYS.
UM, I WOULD REQUEST THAT YOU GIVE ME 90 DAYS JUST IN CASE THAT DOESN'T HAPPEN, BUT I AM READY TO DEMOLISH THIS STRUCTURE.
WHEN I PURCHASED THE PROPERTY, THE ONLY THING KEEPING ME FROM IT IS GETTING A DEMOLITION PERMIT.
THANK YOU, MR. READY? UM, I ACTUALLY DON'T HAVE ANY QUESTIONS, BUT, UH, COMMISSION, ANY OTHER COMMISSIONERS HAVE QUESTIONS? IT'S A SILENT BUNCH.
WOULD ANYONE LIKE TO MAKE A MOTION? THE DOCTOR RECOMMENDATIONS WITH THE MODIFICATION GO FROM 45 DAYS TO 90 DAYS.
AND THAT WOULD BE, SO STAFF'S RECOMMENDATION IS TO REPAIR.
OF COURSE A DEMOLITION WOULD ACTUALLY SATISFY THE, IT WOULD REMOVE ALL THE VIOLATIONS.
SO IF THAT COULD BE ACCOMPLISHED WITHIN 90 DAYS, THEN THAT WOULD, THAT WOULD SATISFY THE ORDER.
COMMISSIONER STILL SAID THAT'S ONE A SECOND.
SO WE HAVE A MOTION AND A SECOND, THE MOTION IS TO, EXCUSE ME, CHAIR.
CAN I HAVE, CAN I SAY ONE THING, I'M SORRY, THIS IS MARLENA RIGHT WITH THE CITY OF AUSTIN CASE REVIEW AND ESCALATIONS DIVISION.
GO AHEAD, MS. WRIGHT, I'M SORRY.
I WAS LOOKING AT THE SITE PLAN ON ONLINE AND IT LOOKS LIKE THE SITE PLAN IN THE SYSTEM IS FOR, UM, PROPOSING A MULTIFAMILY LOCATION.
SO IT'S NOT ACTUALLY A SITE PLAN FOR DEMOLITION.
UM, SO THAT'S GOING TO CAUSE A HOLDUP.
THE SCOPE OF IT IS PROPOSING A MULTIFAMILY RESIDENTIAL DEVELOPMENT, EXCUSE ME.
AND THERE ARE SEVERAL PROCESSES RIGHT NOW THAT ARE ACTUALLY INCOMPLETE.
SO, UM, IT LOOKS LIKE THIS THING IS STILL IN THE PROCESS AND THIS DOESN'T LOOK LIKE THIS IS FOR THE DEMOLITION, SO I'M NOT ENTIRELY CERTAIN OF THE PROCESS, THE CURRENT REQUIREMENTS FOR A DEMOLITION PERMIT.
AND I MEAN, IT DOES SEEM TO ME LIKE IT WOULD BE POSSIBLE TO PULL A DEMOLITION PERMIT WITH A SITE PLAN EXEMPTION FOR SOMETHING LIKE THIS.
UM, BUT I, I DON'T KNOW, YOU KNOW, I DON'T KNOW IF IT, IF IT'S REQUIRED TO HAVE JUST SOMETHING IN THE SYSTEM SO THAT THEY CAN TIE IT TO A SITE PLAN THAT I DON'T KNOW, UH, COMMISSIONERS, COULD I ADD SOMETHING? THIS IS A CALL OFFICER ADAMS. YES, PLEASE GO AHEAD.
A SITE PLAN IS REQUIRED TO DEMO THAT EXISTING PROPERTY.
[02:25:01]
WOULD BE REQUIRED IS THAT, UH, THE OWNER WOULD HAVE TO HAVE IF HE HIRES A CONTRACT TO DO SO, THEY WOULD CONDUCT THE ASBESTOS ABATEMENT ON THE PROPERTY FIRST, BEFORE THEY WOULD, UH, GO THROUGH WITH THE, UH, DEMO.UM, THE SITE PLAN WILL ONLY BE NEEDED IF HE PLANS ON, UH, CONSTRUCTING A NEW, UH, STRUCTURE THERE.
UH, BUT IT WOULD NOT BE REQUIRED FOR, UM, WHETHER HE REPAIRS IT OR WHETHER HE DEMOS IT, BUT IT WOULD, THE CONTRACTOR WOULD HAVE TO GET AN, UH, BEST AS ABATEMENT FOR THAT PROPERTY.
SO THE SITE PLAN AS MS. WRIGHT INDICATED IS BASICALLY FOR, AND THAT'S WHY HE HAS A REZONING, EXCUSE ME, WHO'S FOR THE CREATION OF A MULTIFAMILY PROPERTY ON THAT EXISTING SITE.
AND THAT'S WHAT THE SITE PLAN IS THAT SOME OF THE DECIDE PLAN FOR, UM, UH, I MEAN YOU GOT A YEAR AGO, OR MAYBE TWO YEARS AGO, I PRESENTED A SIMILAR PROPERTY, WHICH WAS AT THE 500 BLOCK OF WEST 14TH.
IT ALSO HAD THE SAME CONDITIONS.
IT WAS A FIRE AT FIVE OH THREE WEST 14TH, UM, AND THAT, UH, PERSON REPAIRED THEIR, THEIR BUILDING.
UM, IT DIDN'T REQUIRE A SITE PLAN TO DO THAT.
IT JUST REQUIRES PERMITTING WHETHER IT BE ELECTRICAL OR BUILDING OR PLUMBING PERMIT IN THIS CASE, IF HE WANTS TO DEMO THE PROPERTY, HE JUST HAS TO GET A DEMO PERMIT, WHICH WOULD BE A BUILDING PERMIT, BASICALLY.
SO IT, SO IT SOUNDS AS THOUGH CITY STAFF DOES NOT BELIEVE A SITE PLAN IS REQUIRED FOR THIS AND THEREFORE SHOULD NOT BE A HOLDUP IN GETTING THE DEMOLITION PERMIT.
UM, I MEAN, I DO UNDERSTAND THAT THERE, THERE WILL MOST LIKELY BE OTHER PAPERWORK AND OTHER REQUIREMENTS TO GET THAT DEMOLITION PERMIT, BUT IT IT'S GOOD NEWS THAT IT'S NOT, NOT DEPENDENT UPON APPROVAL OF A SITE PLAN CAUSE THAT COULD TAKE YEARS.
UM, OTHER COMMISSIONERS HAVE QUESTIONS, COMMENTS.
WE DO HAVE A MOTION AND A SECOND I'M SURE.
I, I, THIS IS, UH, COMMISSIONER TIM STOWS, DAD.
I, UH, I JUST WANTED TO FOLLOW UP, I GUESS, WITH BOTH MS. WRIGHT AND, UM, MR. ADAMS. I'M NOT SURE QUITE HOW TO PHRASE THIS, BUT, BUT, UH, OFTENTIMES WHEN, WHEN, UM, WHEN STAFF VOLUNTEERS ADDITIONAL INFORMATION AND WHEN WE HAVE ACTION PENDING, UH, I FEEL LIKE SOMETIMES EMBEDDED IN THERE IS A DESIRE TO CORRECT, UH, ERRONEOUS ASSUMPTION THAT WE MIGHT, WE AS COMMISSIONERS MIGHT HAVE ABOUT THE PROPOSED ACTION.
AND SO, UH, BUT THEY MIGHT BE TOO POLITE TO SAY IT.
AND SO I WONDER IF I COULD HEAR FROM MS. WRIGHT AND THEN ALSO FROM MR. ADAMS, IF THEY'D BE WILLING TO DO SO.
UH, IS THERE AN IMPLICATION, BUT THE 90 DAYS IS JUST GRATUITOUS IN THIS CASE, THERE IS THE SUGGESTION THAT MR. REDDY DOESN'T REALLY NEED 90 DAYS.
AND, UH, IF THAT'S YOUR POSITION, YOU KNOW, PLEASE LET US KNOW AND THEN MAYBE IT MIGHT BE APPROPRIATE TO OPEN THREE OPEN PUBLIC HEARING TO THE EXTENT NECESSARY TO HEAR FROM MR. READY, IF, IF, UH, IF THERE'S DISAGREEMENT ABOUT THAT.
SO, UM, I I'LL JUST, UH, SHUT MY MIC OFF AFTER THIS, BUT I'D BE GRATEFUL TO HEAR FROM HIS WRITING AND MR. ADAMS WILL TAKE CARE TO COMMENT.
I'M NOT NECESSARILY DISAGREEING WITH THE 90 DAY TIMEFRAME.
UM, I'M JUST SKEPTICAL IF, IF I'M JUST CONCERNED ABOUT GETTING A REPAIR ORDER AND THIS THING LINGERING AND NOTHING BEING DONE.
UM, SO IF THERE'S PERHAPS ANOTHER AVENUE TO GET A REMEDY TO THE NEIGHBORHOOD FOR THIS BLIGHT, UM, AND INSPECTOR WILLOWS, UM, LEWIS ADAMS CAN ELABORATE FURTHER.
THERE MIGHT BE ANOTHER AVENUE VERSUS REPAIR.
UH, THIS IS WILLIS ADAMS. I ALSO DON'T HAVE A ISSUE WITH THE 90 DAYS.
UM, AS MR. RAILEY, UH, HAD MENTIONED HE PURCHASED THE PROPERTY, UH, BACK IN JANUARY OF 2020.
UM, HIS INTENTION AT THE TIME THAT HE MENTIONED IS WHEN HE PURCHASED IT WAS THE DEMO, THE PROPERTY, UM, MOST, UH, PROPERTIES THAT I DEAL WITH ARE COMMERCIAL PROPERTIES.
AND IN MOST CASES, THE OWNERS WHO OWN THOSE PROPERTIES WILL, IF THEY WANT TO DEMO THE PROPERTY, THEY AFFORD DEMO PERMIT, WHICH IS ACTUALLY A BUILDING PERMIT.
AND IF IT'S DENIED THE, UH, DEVELOPMENTAL SERVICES WILL, UH, GIVE INFORMATION ON WHY THE PERMIT WAS DENIED.
UH, IN MOST CASES I'VE VERY RARELY SEE A PERMIT, UM, A DEMO PERMIT REQUIRING A SITE PLAN UNLESS, UH, THE SCOPE OF THE DEMO WAS NOT SPECIFIED IN THE PERMIT.
SO AGAIN, I DON'T HAVE ANY ISSUES WITH WHETHER THE PERIOD BEFORE THE FIVE DAYS OR 90 DAYS.
[02:30:01]
ONLY CONCERN IS TO RID THE NEIGHBORHOOD OF THAT PROPERTY, WHETHER IT BE EITHER MR REDDY RE RENOVATING THE PROPERTY, OR WHETHER HE DEMOS THE PROPERTY.MY ONLY CONCERN IS, IS THE CONDITION OF THE PROPERTY WITHIN THAT NEIGHBOR WITHIN THE SAFETY OF THE PEOPLE THAT LIVE IN THAT NEIGHBORHOOD.
UH, I THINK IN, IN LIGHT OF THAT INPUT, I'M PREPARED TO CONTINUE TO CYCLE THE MODE.
I DON'T INTEND TO WITHDRAW MY SECOND OR, OR, OR ANYTHING.
IT SOUNDS TO ME FROM ALL I'VE HEARD AS THOUGH MR. REDDY ACQUIRED THE PROPERTY WITH THE INTENTION OF DEMOLITION OF DEMOLISHING AND, UH, WHETHER YOU MAY HAVE MISSTATED THE REQUIREMENTS OF DOING SO, OR MAYBE YOU USED THE TERMS OF ART INCORRECTLY.
I HAVE NO REASON TO DOUBT THAT HE HAS EVERY INTENTION OF PROCEEDING WITH THAT AND THAT HE'LL ATTEMPT TO DO SO.
AND HE'LL EQUIP THEMSELVES WITH THE SAGE ADVICE OF, YOU KNOW, ARCHITECTS, ENGINEERS, AND ATTORNEYS NECESSARY TO ACCOMPLISH IT.
AND THAT HOPEFULLY WILL BE RID OF THAT, UH, UH, PROPERTY, UM, WITHIN THE TIME ALLOTTED.
SO AS LONG AS THE 90 DAYS IS NOT GIVING ANYONE IN THE HEARTBURN, I STAND ON MY, UM, OR MY SECOND, UM, OF COMMISSION OF GREENSBURG.
THANK YOU, MADAM CHAIR THOUSAND DOLLARS PER WEEK.
THANK YOU, COMMISSIONER GREEN.
THAT'S ACTUALLY WHAT I WAS JUST GOING TO POINT OUT TOO, THAT THOUSAND DOLLAR A WEEK FINE IS PROBABLY THE BIGGEST INCENTIVE WE HAVE FOR ACTION ON THAT, ON THAT PROPERTY.
ANY FURTHER QUESTIONS OR DISCUSSION AMONG THE COMMISSION? CALL THE QUESTION.
ALL IN FAVOR OF THE MOTION, UH, TO BASICALLY ADOPT STAFF'S RECOMMENDATION, BUT EXTEND THE TIMEFRAME FROM 45 DAYS TO 90 DAYS, PLEASE SAY, AYE, WAIT, RAISE YOUR HAND.
IS ANYONE OPPOSED? AND NO ONE ABSTAINED DID ANYONE ABSTAIN.
AND SO WE HAVE MYSELF REPRESENTING YOU, GREEN MUELLER, OAKLAND BODIE, STO STUD IN THOMPSON.
DID I COUNT SIX OR SEVEN? SORRY.
SO MR. READY, A COPY OF THIS ORDER WILL BE MAILED TO YOU, BUT YOU DO HAVE 90 DAYS NOW TO MAKE ALL REPAIRS AND, UH, OR HOPEFULLY DEMOLISH THE STRUCTURE.
THANK YOU FOR TALKING WITH US THIS EVENING.
WE'VE WORKED THROUGH ALL OF THE CASES.
SO THE NEXT ITEM ON THE AGENDA CHAIR IS
[8. Presentation: An Overview of the Repeat Offender Program Presenters: Matt Noriega and Justin Brummer, Austin Code Department]
ITEM NUMBER EIGHT, WHICH IS A PRESENTATION AS REQUESTED AT LAST MINUTES, MEETING, UM, AUSTIN CODE, INTERIM SUPERVISOR, JUSTIN BRUMMER, AND CODE IN THE ROOM DIVISION MANAGER.MATT NORIEGA ARE HERE TONIGHT, PROVIDE YOU WITH AN OVERVIEW OF THE REPEAT OFFENDER PROGRAM.
THANK YOU, MATT AND JUSTIN, JUSTIN, ARE YOU HERE WITH US? I AM.
LET ME GET MY VIDEO GOING TOO.
UM, WELL, GOOD EVENING COMMISSIONERS.
I AM THE INTERIM DO AS A MANAGER FOR THE REPEAT OFFENDER PROGRAM, THE COMMERCIAL TEAM, AND ALSO HAVE JUSTIN BRUMMER.
HE IS OUR INTERIM SUBGROUP SUPERVISOR FOR THE REPEAT OFFENDER PROGRAM.
AND, UH, MY UNDERSTANDING IS, UH, YOU WANTED AN UPDATE JUST REGARDING A SUSPENSION REVOCATION UPDATED AND MAYBE SOME QUESTIONS REGARDING THE REPEAT OFFENDER PROGRAM.
THE PROGRAM HAS AS WE, AS, UH, AS MENTIONED, UH, WE, IT HAS BEEN IN EFFECT SINCE 2013, THAT A VERY EFFECTIVE PROGRAM.
AND IT'S BEEN, UH, WITH THE SUSPENSION REVOCATION.
IT HAS, UH, UH, BROUGHT GREAT RESULTS IN HELPING, UH, THE PROPERTIES COME INTO COMPLIANCE AND, AND TO BE ABLE TO IMPROVE THE, THE TENANT MULTI-FAMILY PROPERTIES.
BUT, UH, LET ME JUST GO OVER A PRESENTATION.
I'LL BE BRIEF, AND THIS IS OUR REPEAT OFFENDER PROPERTIES, UM, JUST A BRIEF HISTORY AND JUST TO SEE HOW THE PROPERTY A PROPERTY CAN QUALIFY OR NOT QUALIFY, BUT IT WILL BE UNDER THE REPEAT OFFENDER PROGRAM WOULD BE THAT THERE'S A TWO, FIVE, TWO CRITERIA, AND THAT WOULD BE THE NEXT SLIDE.
[02:35:01]
PROPERTIES THAT ARE RENTAL PROPERTIES, UH, PEOPLE, UH, TENANTS THAT ARE RENTING PROPERTIES, MULTI-FAMILY FOURPLEXES, DUPLEXES, SINGLE FAMILY FARMING COMPLEXES, AND, UH, A WAY OF PROPERTY QUALIFIES THAT IF THEY RECEIVE TWO OR MORE SEPARATE NOTICES OF VIOLATIONS THAT ARE ISSUED 24 MONTH PERIOD, THAT OWNER AND THE OWNER OF THE PROPERTY FAILS TO CORRECT THE VIOLATIONS WITH THE TIMEFRAME REQUIRED BY THE CODE OFFICIAL, THAT PROPERTY WOULD BE, UH, REGISTERED UNDER THE REPEAT OFFENDER PROGRAM.IF THEY HAVE FIVE VIOLATIONS WITHIN THE LAST TWO YEARS WITHIN THAT 24, 24 MONTH PERIOD, AND A NOTICE OF VIOLATION WAS SENT OUT, REGARDLESS IF IT WAS MET COMPLIANCE, OR IF THEY MET THE REQUIREMENTS OF THE NOTICE, THEY WOULD BE REGISTERED UNDER THE REPEAT OFFENDER PROGRAM.
AND IF THEY WERE ISSUED TWO OR MORE CITATIONS, WHICH HAS MUNICIPAL COURT OR ADMINISTRATIVE HEARING WITHIN THE 24 CONSECUTIVE MONTHS, THEY WOULD, THAT WOULD QUALIFY THEM FOR THE REPEAT OFFENDER PROGRAM.
UH, CURRENTLY THERE WERE 73 PROPERTIES THAT ARE UNDER THE REPEAT OFFENDER PROGRAM AND THOSE PROPERTIES, UH, SOME HAVE BEEN ON THE PROGRAM FOR SINCE THE BEGINNING OF, UH, THE INITIATION OF THE REPEAT OFFENDER PROGRAM.
THERE ARE SOME THAT, UH, MANY OF YOU ARE FAMILIAR WITH, MAYBE IT'S A LARA'S CREEK SAID CROSS CREEK.
IT USED TO BE CALLED, UH, SOME THAT ARE, THAT HAVE BEEN ON THIS LIST FOR A LONG PERIOD OF TIME.
AND SOME HAVE BEEN, UH, SENT OUT INTENT TO SUSPEND LETTERS BECAUSE OF THE NUMBER OF VIOLATIONS THAT ARE ON THIS PROPERTY.
THE NEXT SLIDE SHOWS HOW A PROPERTY CAN BE SUSPENDED.
AND THIS IS UNDER THE FOURTH CHAPTER FOUR DASH 14 DASH 50, IS THAT IF A PROPERTY, A CODE OFFICIAL MAY SUSPEND THE PROPERTY, IF THEY DETERMINE FIVE REASONS OR FIVE, UH, UH, UH, MEET THIS CRITERIA THAN FIVE, UH, REASONS.
AND THAT IS THAT IT CAN BE DECLARED DANGEROUS BY THE BUILDING STANDARDS COMMISSION OR THE QUOTE OFFICIAL OR COURT OF COMPETENT JURISDICTION.
UH, THE REGISTRY, THE REGISTRY FAILS TO TIMELY COMPLY, COMPLY WITH THE NOTICE OF VIOLATION.
THE REGISTERING FAILS TO COMPLY WITH THE REQUIREMENT OF THIS CHAPTER.
THE REGISTERING FAILS TO COMPLY WITH OTHER CITY PERMITTING REQUIREMENTS OR THE REGISTERING FAILS TO PAY ITS ANNUAL REGISTRATION FEE AND A PROPERTY UNDER REVOCATION MAY IMMEDIATELY REVOKE A REGISTRATION THAT THIS SUSPENDED DUE TO MAYBE IT'S DANGEROUS AND PARIS HAVE AN ABILITY, OR IT TAKES REMEDIAL ACTION TO CORRECT A CONDITION.
SO THAT'S WHERE THE SUSPENSION REVOCATION, WHETHER IT COULD BE SUSPENDED OR REVOKED REGISTRATION IMMEDIATELY, UM, SINCE THE, UH, SINCE THE BEGINNING OF THIS PROGRAM, OR SINCE WE, UH, THE SUSPENSION REVOCATION BEGAN IN FEBRUARY OF LAST YEAR, THE NEXT SLIDE, PLEASE, FEBRUARY OF LAST YEAR, THE SUSPENSION REVOCATION WENT INTO EFFECT.
UH, WE DID, UH, DELAY, UH, DUE TO COVID.
AND THEN SINCE JUNE 24TH OF 2020, WE HAVE ISSUED OVER 19 INTENSIVE SUSPEND LETTERS.
AND THOSE 19 INTENT TO SUSPEND LETTERS, A LETTER GOES OUT TO THE PROPERTY OWNER INDICATING THEY HAVE 30 DAYS TO CORRECT THE VIOLATIONS THAT ARE CURRENTLY ON THE PROPERTY.
AND THOSE 30 DAYS THEY CAN COME, COME INTO COMPLIANCE BEFORE BEING SUSPENDED AND NOT BE SUSPENDED IF THEY CORRECT ALL THOSE VIOLATIONS.
UH, DURING THAT TIME, THEY, UH, THEY CAN WORK WITH US TO BE ABLE TO MAKE SURE THAT EVERYTHING IS GOING TO CORRECT IT.
UM, AND, UH, THOSE 19 LETTERS HAVE BEEN SENT OUT SINCE JUNE 24, 2020 DURING THIS PAST, UH, UH, FISCAL YEAR.
WE SENT OUT 12 SUSPENSION LETTERS AND CURRENTLY WE HAVE SIX PROPERTIES THAT ARE SUSPENDED AND THOSE SIX PROPERTIES CURRENTLY, UH, THEY ARE, UM, UH, BEEN ON FOR A WHILE.
WHAT WE'VE NOTICED UNDER THIS PROGRAM OR UNDER THE SUSPENSION REVOCATION, IS THAT THE PROPERTIES THAT ARE DUPLEXES, SINGLE FAMILY OR FOURPLEX, THOSE PROPERTIES TEND TO STAY ON THE LIST LONGER BECAUSE THERE'S THERE, THERE'S NOT AS MANY UNITS TO BE SUSPENDED.
SO THE, UH, PROPERTY AROUND DOESN'T HAVE A, AS DOES HAVE MUCH OF A EFFECT ON THEM DUE TO THE SMALLER COMPLEX, A LARGER MULTI-FAMILY COMPLEX, SUCH AS A 200 UNIT OR 150 UNIT, WELL, THEN THEY HAVE MORE CONSEQUENCES DUE TO THE LARGER COMPLEX.
AND WE SEE THAT, THAT, UH, THOSE, THOSE PROPERTIES TEND TO CORRECT VIOLATIONS WITHIN THOSE 30 DAYS.
AND THAT WAY THEY CAN, THEY WILL NOT BE SUSPENDED IF AFTER THE 30 DAYS THEY DO NOT, UH, CORRECT THE VIOLATIONS.
WE WILL SEND A NOTICE OF VIOLATION, OR I'M SORRY, A NOTICE OF SUSPENSION.
AND THEN THEY HAVE 10 DAYS TO APPEAL.
AND THOSE 10 DAYS TO PILL, THEY WOULD HAVE TO SEND IN A NOTICE OR
[02:40:01]
A LETTER, UH, NEXT SLIDE, PLEASE.SO THAT NEXT, UH, IF THEY, IF WE SEND OUT THAT SUSPENSION LETTER, THEY HAVE THE 10 DAYS TO APPEAL THE, UH, SUSPENSION LETTER.
AND, UH, THAT, THAT APPEAL WOULD GO TO THE BUILDING AND STANDARDS COMMISSION.
AND THAT BUILDING STANDARDS COMMISSION WOULD MAKE A DECISION TO, UH, TO UPHOLD THE SUSPENSION OR TO GRANT THE APPEAL.
SO THIS IS THE PROCESS, A CODE OFFICIAL RECEIVES THE SUSPENSION REVOCATION APPEAL, 10 DAYS TO APPEAL THE APPEAL PRESENTED TO THE BSC.
THERE'D BE A C MAY GRANT OR DENY THE APPEAL.
UH, IF YOU, IF THE BSC BUILDING STANDARDS, COMMISSION UPHOLDS A SUSPENSION OR REVOCATION, IT PROHIBITS THE REGISTERING FROM RENTING RECKONED UNITS TO NEW TENANTS.
SO THEY HAVE TO HEAR TO KNOW UNITS THAT ARE VACANT FROM BEING RENTED OR BEING LEASED OUT TO TENANTS UNTIL THE SUSPENSION IS LIFTED, OR UNTIL THE VIOLATIONS ARE CORRECTED.
AND THIS IS SOMETHING THAT HAS BEEN VERY EFFECTIVE ON THE LARGER COMPLEXES OF YOU MENTIONED, UH, RIGHT NOW WE, AS I MENTIONED, WE HAVE SIX PROPERTIES THAT ARE IN SUSPENSION, BUT, UH, IT, UH, IT HAS BEEN VERY EFFECTIVE.
IT'S A FORM OF ENFORCEMENT AND IT HAS, UH, UH, WORKED VERY, VERY WELL FOR OUR DEPARTMENT.
UM, THAT'S, UH, MORE OR LESS THE ADJUSTABLE SUSPENSION REVOCATION.
I DON'T KNOW IF THERE WAS ANY OTHER QUESTIONS YOU HAVE REGARDING THE REPEAT OFFENDER PROGRAM, BUT, UH, JUSTIN BRAHMAN OR MYSELF WILL ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, I, I JUST HAVE A COUPLE OF CLARIFICATION QUESTIONS.
UM, SO THE FIVE CONDITIONS THAT TRIGGER SUSPENSION OR RELOCATION, DO THEY HAVE TO MEET ALL FIVE OR JUST ANY ON THAT LIST? ANY ONE OF THE FIVE ANYONE.
AND THEN, UM, THE OTHER QUESTION WAS, IF A NOTICE IS ISSUED IT'S FOR THE ENTIRE PROPERTY, THAT IS CORRECT FOR THE ENTIRE PROPERTY.
SO IF THE MULTIFAMILY PROPERTY WITH 200 UNITS GETS A NOTICE, ANY VACANCY THAT COMES UP IN THEIR PROPERTY IS AFFECTED, THEY CAN'T RENT OUT ANYTHING IN THAT COMPLEX UNTIL THEY CORRECTED THEIR, UM, PROBLEMS. THAT IS CORRECT.
SO ANY VACANT UNITS OR ANY, ANY, ANY UNITS THAT COME BECOME VACANT, RIGHT.
THEY WOULD NOT BE ALLOWED TO BE RENTED.
WELL, UM, THIS IS KIND OF WHAT GOT ME HERE ON THIS COMMISSION.
I WAS WORKING WITH, UH, UH, THE GREAT RUBY ROW.
I HAD, UH, UH, SOUTH AUSTIN BACK IN 2012 AND 13 WHEN THEY WERE DEALING WITH THE WOOLRIDGE, UH, APARTMENTS THAT HAD THE BALCONY COLLAPSE, AND IT WAS KILLED 2000 PEOPLE.
AND, UH, WE UP HERE IN NORTH CENTRAL AUSTIN HAD A SIGNIFICANT PROBLEM, SOME WORDS, PEOPLE THAT WOULD, UH, UH, LEAVE WINDOWS, BROKEN HOUSES WITHOUT HEAT.
AND, UH, UM, AT THE TIME WHEN WE PASSED, WE ACTUALLY FELT LIKE IT WAS HALF A LOAD.
WE HAVE BEEN PUSHING FOR MUCH STRONGER, UH, INITIATIVES, BUT CODE IS REALLY TAKING THE, UH, UH, THE BULL BY THE HORNS HERE AND DONE A GREAT JOB OF, ESPECIALLY OVER THE LAST YEAR FOR YEARS.
AND, UH, I THINK IT'S HELPED A LOT OF FOLKS HAVE A PLACE THAT'S SAFE AND, UM, UM, YOU KNOW, WARM IN THE WINTER AND COOL IN THE SUMMER.
SO I APPRECIATE WHAT YOU GUYS HAVE DONE.
AND I, WITH THIS ACT, UM, UH, UH, I THINK IT MADE A LOT OF DIFFERENCE FOR FOLKS HERE IN AUSTIN AND, UH, CONTINUE, UH, UH, THE GOOD WORKER TAKE CARE.
UH, MR. NORIEGA, I HAVE A QUESTION FOR YOU FOR YOU OR FOR MR. BREMMER ALSO, UM, ON THE TWO, FIVE, TWO, YOU KNOW, WHERE IT'S TWO VIOLATIONS THAT REMAIN, OR THAT ARE NOT CORRECTED IN A TIMELY MANNER WITHIN 24 MONTHS OR FIVE NOTICES OF VIOLATION, WHETHER OR NOT THEY'RE CORRECTED IN A TIMELY MANNER.
UM, DO YOU FIND LIKE FOR A LARGER MULTIFAMILY RESIDENTIAL PROPERTY, IS THAT THRESHOLD, IS IT TOO LOW? IS IT TOO HIGH? WHAT DO YOU, WHAT DO YOU THINK ABOUT THAT? WELL, TH THIS IS WHAT THE, THE, UH, CITY COUNCIL HAS VOTED ON THE ORDINANCE.
THIS IS SOMETHING THAT WE, WE, WE, UH, WE ENFORCE, THIS IS WHAT THE ORDINANCE REQUIRES.
SO, UM, WE, WE HAVE DONE THERE HAVE BEEN, ARE REPEAT OFFENDER PROGRAM RECOMMENDATIONS AND FROM EXTERNAL AND INTERNAL
[02:45:01]
STAKEHOLDERS.SO WE ARE LOOKING AT TWO TO SEE IF THIS IS EFFECTIVE OR NOT FOR THE LARGER COMPLEXES OR FOR THE SMALLER COMPLEXES.
SO WE, WE WILL ENFORCE WHAT THE ORDINANCE SAYS.
SO WE, WE SEE THAT THIS IS SOMETHING THAT, UM, MAY NOT BE AS EFFECTIVE OR A SMALLER COMPLEX, BUT THE BIGGER COMPLEXES THEY HAVE THE SAME, UH, REQUIREMENTS AS A SMALLER SINGLE FAMILY, A DUPLEX.
SO THAT IS SOMETHING THAT THEY ARE LOOKING AT.
THOSE ARE RECOMMENDATIONS THAT HAPPEN, UH, LOOKED AT AND ARE BEING STUDIED TO SEE IF THAT SHOULD BE CHANGED.
BECAUSE HE HAD TO ACTUALLY, THAT'S THE SECOND QUESTION THAT I HAVE IS SHOULD WE BE CONSIDERING A TIERED SOLUTION? SO THAT FOR THE SMALLER PROPERTIES, YOU KNOW, WHEN THEY DO HAVE A SUSPENSION, THAT THERE IS ACTUALLY SOME TEETH TO THAT, SOMETHING THAT WOULD ACTUALLY GET THEIR ATTENTION.
UM, BUT THEN KIND OF THE FLIP SIDE IS, UM, YOU KNOW, WE HAD A PROPERTY COME TO US A COUPLE OF MONTHS BACK, A VERY WELL MANAGED AND VERY WELL TAKEN CARE OF PROPERTY THAT WAS POSSIBLY THE TARGET OF, UM, AN ANGRY RESIDENT WHO CALLED IN A BUNCH OF VIOLATIONS AND BAM, ALL OF A SUDDEN THEY HAD FOUR NOTICES OF VIOLATION ON THIS BEAUTIFUL BRAND NEW PROPERTY.
AND IT SEEMED LIKE THEY WERE NOT A GOOD CANDIDATE FOR SOMEONE TO BE HEADED ONTO THE ROP LIST.
SO, UM, I GUESS THAT, THAT IS EXACTLY WHAT I'M TRYING TO GET AT IS SHOULD THIS BE, YOU KNOW, A LITTLE MORE NUANCED BASED ON THE SIZE OF THE PROPERTY, BUT OVERALL, I, I THINK THIS IS A WONDERFUL PROGRAM AND I'M SO GLAD THAT IT EXISTS OR THEY, THEY, WE HAVE, THERE ARE STUDIES BEING CONDUCTED TO, THEY ARE LOOKING AT THOSE RECOMMENDATIONS AND, AND THAT, UH, THAT REQUESTS HAS BEEN BEEN MADE.
AND THEY ARE LOOKING TO SEE IF THERE SHOULD BE TIERED, AS YOU MENTIONED, DEPENDING ON WHAT SIZE OF THE COMPLEX IS.
ONE THING THAT WE DO, UH, UH, UNDER THE ORDINANCE IS THAT WHEN WE, WHEN WE LOOK AT A PROPERTY OR FOR A REGISTRATION, WE WILL, UH, SEND IT TO A COMMITTEE.
THE COMMITTEE WILL LOOK AT THE PROPERTY SEAT, THE, UH, THE HISTORY OF THE PROPERTY, SEE HOW MANY COMPLAINTS, HOW MANY VIOLATIONS HAVE BEEN ON THE PROPERTY AT THE PROP.
IF THEY, WE DO REGISTER THE PROPERTY, THE PROPERTY OWNER HAS THE RIGHT TO APPEAL, AND THAT APPEAL WILL GO BEFORE THE, OUR EXECUTIVE STAFF.
THEY WILL LOOK TO SEE IF THAT PROPERTY QUALIFIES OR NOT.
SO THEY DO HAVE, UH, DIFFERENT, UH, CHAIRS OR DIFFERENT, UH, ANY ORDINANCE TO SEE IF THEY CAN APPEAL DEPENDING ON THE, WHAT, THE, WHAT THE COMMITTEE DESIGNS.
CAN I HAVE ANOTHER QUESTION? UM, I HAVE ANOTHER QUESTION RELATED TO THE SMALL PROPERTIES.
UH, I UNDERSTAND THAT CONCERN, YOU KNOW, IS, IS IT POSSIBLE TO SORT OF, UM, HARASS, UH, AN OWNER OF WHAT'S OTHERWISE A WELL-RUN PROPERTY? ON THE OTHER HAND, I THINK WE KNOW ABOUT SOME PROPERTIES FOURPLEXES, PARTICULARLY IN THE RUNDBERG AREA WHERE WE MIGHT HAVE AN OWNER THAT OWNS A LOT OF SMALL PROPERTIES.
THERE ARE PROBLEMS AT MANY OF THEIR PROPERTIES, BUT WE NEVER, WE ALWAYS LOOK AT THEM JUST PROPERTY BY PROPERTY, AND DON'T REALLY HAVE THE ABILITY TO SEE TO KIND OF SOMEBODY WHO'S, UM, YOU KNOW, THEY MAY NOT BE AFFECTED BY HAVING ONE SMALL PROPERTY BEYOND THE LIST, BUT IF THEY'RE ACTUALLY KIND OF A BAD ACTOR IN MULTIPLE PLACES, WE DON'T KIND OF CONSIDER THAT.
IS THERE ANY DISCUSSION OF, OF WAYS TO TRY AND LOOK AT, UM, KIND OF A PORTFOLIO THAT AN OWNER MIGHT HAVE, UH, THAT, THAT WAS A, UH, OR ONE OF THE RE, UH, EXTERNAL STAKEHOLDERS HAVE ASKED THAT SAME QUESTION, THAT IF THEY COULD, UH, PROPERTY OWNER THAT HAS NUMEROUS PROPERTIES AND THEY HAVE MANY VIOLATIONS, BUT ONE V ONE PROPERTY DOES NOT MEET THE CRITERIA, THE
AND WE COMPILE ALL THOSE PROPERTIES.
THAT'S SOMETHING THAT AN ORDINANCE WILL BE REQUIRED, AND THAT IS A RECOMMENDATION, BUT WE THAT'S SOMETHING THAT WOULD HAVE TO GO BEFORE, UH, STAKEHOLDERS AND CITY COUNCIL AND TO MAKE, MAKE THOSE AMENDMENTS AND THOSE CHANGES TO THE ORDINANCE.
UM, WE, I THINK I MENTIONED, I THINK, I MEAN, I'M ACTUALLY IN 2013, WE WEREN'T HAPPY.
THAT WAS ONE OF THE THINGS WE TRIED TO DO.
THERE ARE IDENTIFIED SEVEN FOLKS WITH OVER A DOZEN PROPERTIES IN SOME CASE CLOSE TO A HUNDRED.
AND WE WENT TO THE AUSTIN BOARD OF REALTORS AND WE HAD A BIG OUT AND THEY SAID, OH YEAH, WE'RE GOING TO DO ALL THIS GREAT STUFF.
AND WE'RE GOING TO, WE'RE GOING TO TALK TO THESE PEOPLE ABOUT CLEANING UP THEIR ACT.
THEN, UH, TWO WEEKS LATER, THEY BACKED RIGHT DOWN AND I STILL HAVE THE EMAILS AND I HAVE FOUR OF THOSE TO A CODE ABOUT SIX TO 12 MONTHS AGO.
I WILL KEEP THOSE EMAILS FOREVER.
WELL, THERE'S A LOT OF INPUT FROM EXTERNAL STAKEHOLDERS.
SO, UH, WE, WE GET THEM FROM BOTH SIDES.
[02:50:02]
FROM TENANT ADVOCATES TO, TO THE, AS YOU MENTIONED, AUSTIN BOARD OF REALTORS, SO EVERYONE HAS AN INPUT ON WHAT THEY FEEL THAT CALLED THIS PROGRAM SHOULD WORK.ANY OTHER COMMENTS OR QUESTIONS FROM THE COMMISSION? THANK YOU.
BUT IT'S, IT'S REALLY GOOD TO HAVE A REFRESHER ON THIS AND FOR ANY NEW COMMISSIONERS, OF COURSE, THIS IS VERY, VERY GOOD INFORMATION.
[9. Discussion regarding the FY 2021-22 budget process]
THE NEXT TALK ABOUT THE 20 2122 BUDGET PROCESS.UM, AS IN PAST YEARS, SO THE DISCUSSION IS REGARDING THE FISCAL YEAR 2021 BUDGET PROCESS AND POSSIBLE BSE RECOMMENDATIONS TO COUNCIL.
AS IN PAST YEARS, AN IMPORTANT COMPONENT OF BUDGET INPUT AND FEEDBACK COMES FROM THE CITY'S VARIOUS BOARDS AND COMMISSIONS.
AND IN 2021, YOUR INPUT ON COMMUNITY NEEDS RESULTED IN SIGNIFICANT INVESTMENTS IN AFFORDABLE HOUSING, HOMELESSNESS RESPONSE, AND PUBLIC HEALTH INITIATIVES.
SO I'D LIKE TO READ A SECTION OF THE MEMO YOU RECEIVED FROM DIANE SEILER, THE CITY'S INTERIM BUDGET OFFICER REGARDING THE 20 2122 BUDGET PROCESS AND CALENDAR.
AND SHE SAID, DUE TO FINANCIAL CONSTRAINTS FROM COVID-19 COUPLED WITH THE 3.5% PROPERTY TAX REVENUE CAP, THE FYI 2021 BUDGET DEVELOPMENT PROCESS WILL FOCUS ON MAINTAINING EXISTING SERVICES WITH THESE CONSTRAINTS.
IN MIND, WE ENCOURAGE BOARDS AND COMMISSIONS TO PROVIDE FEEDBACK ON THE F EFFICIENCY, EQUITY, AND EFFECTIVENESS OF THE CITY'S EXISTING SERVICES AND PROGRAMS. THE BUDGET OFFICE IS AVAILABLE TO DISCUSS THESE TOPICS IN MORE DETAIL AT BOARD AND COMMISSION MEETINGS UPON REQUEST AND RECOMMENDATIONS SHOULD BE SUBMITTED TO THE CITY CLERK NO LATER THAN APRIL 9TH, 2021.
UM, AND THE DEPARTMENT BUDGETS ARE DUE ON MAY 7TH, 2021.
SO THE BUDGET OFFICE WILL COORDINATE WITH CITY DEPARTMENTS TO REVIEW THEIR RECOMMENDATIONS, PASSED BY THE BOARDS AND COMMISSIONS, AND THEN PROVIDE THE DEPARTMENTS THE OPPORTUNITY TO INCLUDE THE COMMISSION'S RECOMMENDATIONS UPON COMPLETION OF REVIEW INTO THEIR PROPOSED BUDGET SUBMITTAL.
SO A TEMPLATE WILL BE CREATED TO HELP THE COMMISSIONS ORGANIZE AND SUBMIT THEIR RECOMMENDATIONS.
AND WE HAVE NEXT MONTH, AS WELL AS THIS MONTH TO REVISIT THIS, IF YOU'D LIKE TO.
SO, UM, I GUESS IT'S, I'LL HAND IT OVER TO YOU TO JUST TALK ABOUT WHAT YOU WANT TO DO IF YOU WANT TO MAKE SOME RECOMMENDATIONS OR, UM, DISCUSS THIS FURTHER, IT'S UP TO YOU.
UM, I WOULD LIKE TO DISCUSS A LITTLE BIT AND I MEAN, I UNDERSTAND OUR HANDS MIGHT BE TIGHT THIS YEAR, JUST DUE TO THE BUDGET CONSTRAINTS DUE TO THE PANDEMIC.
UM, BUT YOU KNOW, WE CERTAINLY WANT TO HOLD ON TO THE CODE BUDGET AS MUCH AS WE CAN.
UM, AND IF THERE IS ANY ROOM TO ADD ANYTHING ELSE, I, I THINK THERE MIGHT BE A NEED FOR SOME ASSISTANCE ON REALLY ON YOUR SIDE, MS. ALLEY IN, YOU KNOW, ALL THE MOUNTAINS OF PAPERWORK THAT, AND PREP THAT GOES INTO THE BSC MEETINGS.
SO I DON'T KNOW HOW THE OTHER COMMISSIONERS FEEL ABOUT THAT, BUT, YOU KNOW, I CERTAINLY AS CHAIR, I SEE HOW MUCH, HOW MUCH OF YOUR TIME AND, UM, YOU KNOW, JAMES' TIME AND I'M, DON'T EVEN SEE ALL THE OTHER STAFF MEMBERS WHO ARE THERE WORKING WITH YOU TOO, BUT IT'S, IT'S, YOU KNOW, I KNOW THAT WE'RE, WE'RE WRAPPING UP THE ORDERS FROM ONE MEETING, AND THEN IT SEEMS LIKE A DAY LATER WE'RE LOOKING AT THE AGENDA FOR THE NEXT MEETING.
IT'S JUST THIS NEVER ENDING CYCLE THAT IT'S, IT'S A LOT OF WORK.
SO DOES IT MAKE IT MAKE ANY SENSE TO TRY TO, UH, UH, IDENTIFY TASKS TO CAPTURE SOME OF THE FEDERAL MONEY THAT'S BEEN COMING THROUGH OVER THE LAST SIX TO 12 MONTHS AND HOPEFULLY SOONER, UH, TO SUPPORT, UH, LOCAL GOVERNMENT AND, UH, UM, MAYBE THAT'S TOO BROAD INVESTMENT IN DOD, THE CITY LEVEL, UM, SPECIFICALLY FOR BUILDINGS AND INFRASTRUCTURE, UM, SMALL INFRASTRUCTURE, LIKE WE DEAL WITH, WE'RE NOT, THERE'S NOT GOING TO BE A WHOLE LOT OF MONEY COMING IN FROM THE CITY, BUT MAYBE THE FEDERAL
[02:55:01]
GOVERNMENT WITH THE ACCEPTOR, UM, PROPOSING AND HOPEFULLY PASSING TO PROVIDE SOME TYPE OF ASSISTANCE WAS DOCUMENTERS LAYER.WHAT YOU'RE GOING TO HAVE TO HUNT DOWN GRANT WRITERS AND ALL THAT OTHER STUFF.
COULD I MAKE A SUGGESTION? YES.
UM, I THINK, UH, I THINK MISS ALLIE MENTIONED THERE'S SOME SORT OF TEMPLATE FOR US TO USE, TO OFFER RECOMMENDATIONS.
AND I DON'T FIND THAT IN THE GOOGLE DRIVE AND ALSO, I DIDN'T KNOW THIS WAS GOING TO BE ON THE AGENDA AND I FEEL LIKE IT'S THE END OF A LONG DAY.
THERE'S NO WAY I'M GOING TO COME UP WITH SOME, SOMETHING SENSIBLE TO RECOMMEND.
AND SO IF WE COULD SEE THAT TEMPLATE TO HELP US THINK ABOUT THE WAY TO SORT OF, UM, RAISE RECOMMENDATIONS AND MAYBE BRING THEM BACK NEXT WEEK SINCE THE DEADLINE IS NOT UNTIL APRIL, WE, YEAH, IT WOULD BE IN FAVOR OF THAT, JUST SO WE HAVE A LITTLE TIME TO RUMINATE AND, UH, WE CAN ACTUALLY FORMULATE SOMETHING AT THE NEXT MEETING.
THIS IS WHY I WANTED TO AT LEAST OPEN THE CONVERSATION TONIGHT IS JUST, LET'S LET'S THINK ABOUT THIS.
LET'S THROW SOME IDEAS OUT THERE.
AND, UM, I JUST WANTED TO ADD, WE DO NOT HAVE THAT TEMPLATE YET.
IT IS, IT IS, WILL BE PROVIDED BY THE BOARDING COMMISSIONS COORDINATOR, BUT WE HAVE NOT RECEIVED THAT YET, SO, OKAY.
ACTUALLY, MISS ALLIE, I DO HAVE A QUESTION FOR YOU TOO.
UM, BECAUSE I KNOW THAT AT LEAST AT ONE TIME, CERTAINLY AT THE BEGINNING OF THE PANDEMIC, UH, SOME CITY RESOURCES WERE BEING STRAINED JUST BY THE ADDITIONAL BURDEN OF, UM, OF THE COVID PROTOCOLS THAT WERE, THAT WERE PUT IN PLACE, YOU KNOW, WHETHER THAT'S LIMITS ON OCCUPANCY IN RESTAURANTS OR, YOU KNOW, EVEN GETTING INTO LAST SQUARING, THINGS LIKE THAT.
UM, I MEAN, HAS THAT HAD AN IMPACT ON THE OPERATIONAL BUDGET FOR THE CODE DEPARTMENT OR HAS THAT PRIMARILY BEEN HANDLED BY OTHER CITY DEPARTMENTS? I'M NOT SURE THAT I WOULD BE THE RIGHT PERSON TO ANSWER THAT QUESTION.
UM, I CAN DEFER THAT TO MY DIVISION MANAGER OR POSSIBLY WE COULD COME BACK NEXT MONTH AND PROVIDE YOU WITH AN ANSWER TO THAT QUESTION.
I THINK NEXT MONTH WOULD PROBABLY BE FINE.
AND I THINK PERHAPS GOING BACK TO COMMISSIONER GREEN'S POINT, I MEAN, MAYBE THAT'S WHERE THE OPENING WOULD BE TO SAY, HEY, THIS PANDEMIC IS DRAINING THE RESOURCES OF THIS DEPARTMENT, AT LEAST, YOU KNOW, TO THIS EXTENT, IS THERE SOME WAY TO RECOUP THAT AND, UM, YOU KNOW, THE LOADS AND OTHER AREAS OF THE DEPARTMENT? ONE OTHER THING I WOULD ADD IS THAT OUR COMMISSIONER NEIL HAS GOT A GOOD POINT IF SHE KEPT 10 DAYS OR SO.
SO, UH, OR GET THE TEMPLATE, LET'S THINK ABOUT IT, BUT I WOULD SUGGEST THAT KIND OF BURN, MAYBE SOME OF YOU GUYS ARE TOO.
WOULD YOU LIKE TO REVISIT THIS NEXT MONTH? YES, PLEASE.
AND AS THE, UH, MEMO THAT I WAS READING FROM WAS EMAILED TO ALL OF YOU, UH, TO EACH OF YOU AND, AND IT SHOULD BE, IF YOU CAN ACCESS YOUR CITY EMAIL, YOU SHOULD BE ABLE TO READ THIS MEMO, IF NOT, LET ME KNOW, AND I CAN FORWARD A COPY TO YOU.
ANY FURTHER DISCUSSION TONIGHT ON THAT TOPIC FROM THE COMMISSION OR FROM THIS ALLEY? ALL RIGHT.
[FUTURE AGENDA ITEMS]
MOVE ON TO THE FUTURE AGENDA ITEMS. OKAY.UM, IT LOOKS LIKE WE HAVE THE BURTON DRIVE CASE.
YOU WERE GOING TO DISCUSS THIS, AND THAT IS, UM, I DID LOOK THAT UP.
IT'S, UH, REGARDING 15, 16 BURTON DRIVE BUILDING B2 RETAINING WALL.
AND THE CURRENT PENALTIES ON THAT CASE ARE $27,004 AND 77 CENTS.
LET'S GO AHEAD AND PUT THAT ON NEXT MONTH'S AGENDA.
AND THEN YOU HAVE CONGRESS AVENUE CONTINUED UNTIL MARCH, UH, TO ADDRESS, UH, THE VIOLATIONS OTHER THAN THE 14 DAY, UM, REQUIREMENT.
AND THEN YOU HAD 300, THREE CHAPARRAL TO REPORT IN 60 DAYS, SO THAT WOULDN'T BE ON NEXT MONTH'S AGENDA, BUT THAT WOULD BE ON THE APRIL AGENDA.
UM, THAT WOULD BE A WRITTEN, A WRITTEN REPORT THAT WILL STAFF WILL BRING BACK TO YOU.
AND, UM, THEN ONE, ONE SIX, SEVEN SPRINGDALE ROAD YOU HAD THAT CONTINUED UNTIL MARCH,
[03:00:02]
CORRECT? YES.UM, AND THEN I JUST WANTED TO REMIND YOU AND WE'LL BRING BACK.
DID YOU WANT TO BRING BACK THE BUDGET PROCESS TO DISCUSS FURTHER? YES.
WE WILL DISCUSS THAT FURTHER IN MARCH.
UM, AND THEN I JUST WANT TO REMIND YOU THAT WE WILL HAVE ELECTIONS IN APRIL.
UM, AND THAT'S, THAT'S ALL I HAVE THINK ABOUT RUNNING.
UM, A GREAT OPPORTUNITY OF A LIFETIME I'M ALREADY VICE-PRESIDENT OF SOMETHING.
OH, AND I DO WANT TO PUT IN A REMINDER TOO, IF YOU HAVE NOT ALREADY TO MY FELLOW COMMISSIONERS, PLEASE CONTACT YOUR COUNCIL MEMBER REGARDING REAPPOINTMENT FOR 2021.
IT HAS TO BE DONE LIKE THE END OF THE MONTH, RIGHT? UH, THE END OF FEBRUARY BEFORE OUR NEXT MEETING, LET'S PUT IT LIKE THAT.
SO IF YOU HAVE NOT ALREADY, PLEASE REACH OUT TO YOUR COUNCIL MEMBER TO SEE ABOUT REAPPOINTMENT.
ANYTHING ELSE MS. HOLLY? UH, NOT THAT I CAN THINK OF.
THERE'S ALSO A COPY OF A FORM, I BELIEVE, REGARDING YOUR REAPPOINTMENTS IN.
IF YOU CAN ACCESS YOUR CITY EMAIL AGAIN, THERE'S A FORM THERE.
UM, OH, I THINK THAT'S AVAILABLE ON THE SAY THAT YOU JUST GO TO THE WEBSITE TO MAYBE BOARDS AND COMMISSIONS.
IT JUST UPDATE YOUR INFORMATION.
UH, THAT MAY BE, I'M NOT SURE.
MAYBE I DIDN'T DO THE RIGHT THING.
THERE'S A LINK IN THE WEBPAGE.
UM, SO I DON'T HAVE ANYTHING ELSE.
MEETING IS IN GERMANY AND THE TIME IS 9:33 PM.