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[00:00:12]

WAIT, PLEASE.

UM, I THINK THE BIG QUESTION ON MY MIND IS, DO YOU HAVE EVERYONE YOU WERE EXPECTING FOR CITIZEN COMMUNICATION AND PUBLIC COMMENT? UH, NOT QUITE EVERYONE YET, BUT, UH, I WILL LET YOU KNOW WHEN, WHEN WE GET TO THOSE ITEMS AND WE GET THOSE ITEMS. YES.

OKAY.

THAT SOUNDS GOOD.

OKAY.

WELL, I'M GOING TO GO AHEAD AND START A GOOD EVENING.

[CALL TO ORDER]

I WILL CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR MAY 13TH, 2021.

LET THE RECORD REFLECT THAT THE TIME IS 6:32 PM.

MY NAME IS ANDREA FREIBURGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

AT THIS TIME, I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.

AND AS A REMINDER TO THE COMMISSIONERS, PLEASE TURN YOUR CAMERA ON, UH, FOR THE ROLL CALL AND FOR EACH VOTE, ESPECIALLY, UM, AND IF YOU'RE ABLE TO KEEP IT ON FOR THE ENTIRE MEETING THAT IS IDEAL SO THAT WE CAN ESTABLISH THAT WE ACTUALLY HAVE A QUORUM VISIBLY AND OTHERWISE.

SO, UH, WE HAVE MYSELF, ANDREA FRYBERGER CHAIR, PABLO ABILA, VICE CHAIR.

THANK YOU.

DO WE HAVE ? I DO NOT SEE HER YET.

UH, WE HAVE WORDY THOMPSON PRESENT.

GREAT.

THANK YOU.

DO WE HAVE JOHN GREEN? I DON'T SEE MR. GREEN YET.

ELIZABETH MILA PRESIDENT.

GREAT.

THANK YOU, TIMOTHY.

STOW STAD.

YES, PRESENT.

GREAT.

THANKS EDWARD SEELIG.

OOPS.

YOU'RE MUTED.

YEAH.

GREAT AND NICE TO MEET YOU BY THE WAY.

GLAD YOU'RE HERE.

NICE TO MEET YOU TOO.

THANK YOU.

AND WE HAVE CHIEF TOM VOKEY, OUR FIRE MARSHALL.

THANK YOU.

GREAT.

THANK YOU.

GLAD YOU'RE HERE TOO.

ALL RIGHT.

SO BEFORE THE CASES ARE CALLED, 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 PRIOR TO ALL THE CASES BEING CALLED THE COMMISSION WILL HEAR PUBLIC COMMENT FROM INTERESTED PARTIES, REGARDING ITEMS THAT ARE ON TONIGHT'S AGENDA TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.

THE COMMISSION WILL CONSIDER 60 CASES FROM TWO PROPERTIES.

THE CASES WILL BE 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, 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 OF COURSE FOR TONIGHT, BECAUSE WE'RE ARE REMOTE AND VIRTUAL, I WOULD ASK THAT YOU REMAIN MUTED UNLESS YOU ARE ABOUT TO SPEAK THE COMMISSION'S COORDINATOR, MELANIE ALANEE, I'M SORRY, 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 THE 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 QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.

YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.

YOU WILL 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 IF OUR DESIGNATED TIMEKEEPER THIS EVENING COULD PLEASE INTRODUCE HIMSELF.

YES, THIS IS DANIEL MURPHY WITH CTM.

THANK YOU, DANIEL.

SO AFTER YOU HAVE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY 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 COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

THE DECISION OF

[00:05:01]

THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.

WHEN YOUR CASES CALLED WITNESSES TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION NOW WILL BE SWORN IN TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING.

I WILL READ OUT THE OATH AND AFTERWARDS I WILL ASK YOU TO SPEAK UP ONLY IF YOU DO NOT AGREE WITH IT.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

IF SO, PLEASE SIGNIFY BY SAYING I DO.

AND IF ANYONE OBJECTS TO OBJECTS TO THE OATH, PLEASE UNMUTE YOURSELF AND TELL US STATE.

SO NOW, ALL RIGHT.

IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION AND PUBLIC COMMENT.

UH, SO FOR CITIZEN COMMUNICATION, DO WE HAVE, I'M SORRY.

OH YES.

GO AHEAD.

I'M SORRY.

I'M INTERRUPTING.

YOU COULD, COULD WE PLEASE ACKNOWLEDGE JOHN GREEN IS ON THE LINE ALSO? OH YES.

THANK YOU.

COMMISSIONER GREEN.

IF YOU COULD LET US KNOW THAT YOU'RE PRESENT, PRESENT, AND TECHNICALLY IN TOP OF IT.

OKAY.

GLAD THAT YOU'RE HERE.

THANK YOU.

OKAY.

OKAY.

SO I'M ABOUT TO BEGIN THE CITIZEN COMMUNICATION.

[CITIZEN COMMUNICATION: GENERAL]

UM, UNLESS YOU WERE ABOUT TO SPEAK, PLEASE KEEP YOURSELF MUTED.

AND IF YOU CAN HEAR US ASSUME THAT YOU WERE ON THE LINE AND YOU WILL BE ABLE TO SPEAK WHEN YOUR TURN COMES UP.

SO DO WE HAVE ALEXIS GARCIA ON THE LINE? YES, THIS IS SHE.

OKAY.

IF YOU COULD GO AHEAD, PLEASE STATE YOUR NAME FOR THE RECORD AND PLEASE BEGIN.

OKAY.

MY NAME IS ALEXIS AND I HAVE BEEN LIVING AT 9,500 APARTMENTS SINCE 2018.

I'M ALSO PART OF THE 9,500 TENANT ASSOCIATION.

I'M HERE ON BEHALF OF THE MANY TENANTS THAT HAVE EXPERIENCED NEGLIGENCE FOR MANAGEMENT AND THE FORM OF LACK OF COMMUNICATION AND LACK OF REPAIRS.

TENANTS NEED TO BE FOLLOWING REPAIRS OR ITEMS HAVE BEEN REMOVED FROM THEIR UNIT WITH NO DEFINITIVE TIMELINE FOR COMPLETION.

SO SOME OF THE CONDITIONS ARE RIPPED OUT KITCHEN CABINETS AND KITCHEN AND BATHROOM SINKS, HOLES IN WALLS AND CEILINGS, EXPOSED, WIRING AND INSTALLATION CAUSING ALLERGIC SKIN REACTIONS TO FIBERGLASS HARDWARE REMOVED TO PREVENT.

WHAT ARE YOU SAYING TO THE KITCHENS AND BATHROOMS LOW OR NO WATER PRESSURE, UH, EX UM, EXTENSIVE WATER DAMAGE THAT HAS CAUSED MOLD TO GROW THE COMMUNICATION AND BEHAVIOR OF THE MANAGEMENT, UM, HAVE CONSISTED OF REFUSAL TO MEET WITH THE TENANT ASSOCIATION.

AFTER FOUR WRITTEN ATTEMPTS REQUESTING TO MEET TURNING AWAY SPANISH SPEAKER, UH, SPANISH SPEAKERS AND WALKING OFF HIS DOORS AND THEIR FACES RUNNING AWAY FROM TENANTS, ASKING QUESTIONS AND THREATENING TO CONTACT LAWYERS NOTICES TO EVICT TENANTS THAT HAVE DAMAGE IN THEIR UNIT MANAGEMENT SENDS THAT SAME BLANKET EMAIL STATING THAT REPAIRS, OUR UNDERWEAR AND MAKING US BE PATIENT.

SO SOME OF THE HAS CAUSED A TENANT DISPLACEMENT, AND BECAUSE OF THESE CONDITIONS, MANY TENANTS HAVE TAKEN IT UPON THEMSELVES TO LOOK FOR ALTERNATIVE HOUSING.

MANY TENANTS HAVE UNOFFICIALLY MOVED OUT BECAUSE THEY CANNOT LIVE IN THEIR UNIT.

SOME TENANTS HAVE MEDICAL CONDITIONS THAT PUTS A STRAIN ON THEM FINANCIALLY AND EMOTIONALLY.

AND WE ARE EXPECTED TO PAY FULL RENT WHILE LIVING IN SUBSTANDARD IN DANGEROUS CONDITION.

WE RENT THIS TO THE BUILDING AND STANDARDS COMMISSION'S ATTENTION BECAUSE THERE ARE CURRENTLY 16 ACTIVE CODE CASES, AT LEAST 48 AND COUNTING CODE VIOLATIONS FOUND.

AND WE WERE ACTIVELY SUPPORTING NEIGHBORS AND WORKING WITH THE AUSTIN CODE DEPARTMENT.

WE HOPE THE COMMISSION WILL EXHAUST ALL ENFORCEMENT MECHANISMS SO THAT TENANTS GET THE REPAIRS THAT THEY DESERVE AND CAN LIVE IN A SAFE AND HEALTHY ENVIRONMENT.

THANK YOU FOR YOUR TIME.

THANK YOU, MS. GARCIA.

OKAY.

AND DO WE HAVE CURO BROWN ON THE LINE? DO WE KNOW WHAT THE CURE KIRA BROWN IS WITH US TONIGHT? KARA BROWN, IF YOU ARE STILL WITH US ON THE LINE, UH, BE SURE TO UNMUTE YOUR PHONE, IT LOOKS LIKE THEY MAY HAVE DROPPED OFF.

HELLO? OH, IS THIS KEIRA BROWN? OH, NO.

I WAS JUST SHOULD KEEP A HOT DOG TO HAVE DISCONNECTED.

SO, UM, I'VE BEEN TRYING TO LOG BACK ON.

I JUST GOT BACK ON ALL DISCONNECTED IN THE BEGINNING.

[00:10:01]

WE'LL GET BACK TO YOU WHEN WE, UH, ARE, WHEN WE GET TO YOUR, WHILE I WAS HERE BECAUSE I PROBABLY JUST CONNECTED IN THE BEGINNING.

OKAY.

THANK YOU FOR LETTING US KNOW THAT TOO.

I AM NOT SEEING KIRA BROWN.

YEAH.

I'M NOT HEARING ANYTHING EITHER.

OKAY.

UM, SO MS. GARCIA, IF YOU'RE STILL ON THE LINE, I JUST WANTED TO LET YOU KNOW THAT WE CAN TAKE THIS UP AS A COMMISSION AT THE END OF THE MEETING.

IT'S POSSIBLY A FUTURE AGENDA ITEM.

AND, UH, I THANK YOU FOR COMING AND TELLING US ABOUT THIS PROPERTY.

THANK YOU VERY MUCH.

OKAY.

UH, I'D LIKE TO MOVE ON TO PUBLIC COMMENT, JUST GOING IN THE ORDER THAT I HAVE HERE.

UH, DO WE HAVE A NICO BREWSTER ON THE LINE? I'M ON THE LINE.

OKAY.

AND IF YOU COULD PLEASE STATE YOUR NAME AND HOPEFULLY I DIDN'T MISPRONOUNCE IT TOO BADLY FOR THE RECORD.

IF YOU COULD STATE YOUR NAME AND THEN PLEASE, PLEASE PROCEED.

UH, MY NAME IS SIDDIQA BREWSTER.

UM, I'M A MEMBER OF THE MOUNT CARMEL VILLAGE TENNIS ASSOCIATION.

I'VE ACTUALLY LIVED IN MOUNT CARMEL FOR ALMOST 15 YEARS.

UM, OCTOBER WILL BE 15 YEARS.

UM, WE'VE BEEN, THERE'S A LOT OF CODE VIOLATIONS, UM, DOING MOST PART TO THE GAS, NOT BEING ON, THERE'S BEEN SOME ISSUES WITH, UM, WATER.

UM, THE GAS MAN CUT OFF.

WE HAD TO BE, UH, DISPLAY.

WE WERE DISPLACED OR RELOCATED IS ACTUALLY WHAT W WHAT THEY'RE CALLING IT.

UM, WE HAD SOME BAD COMMUNICATION WITH MANAGEMENT.

UM, WE FINALLY GOT A TENANTS ASSOCIATION TOGETHER.

WE WERE ABLE TO SIT WITH, UM, OWNERS OF EUREKA AND WE, AFTER COUNTLESS MEETINGS, WE CAME TO AN AGREEMENT.

UM, EUREKA HAS AGREED TO A LOT OF THINGS SO FAR.

THEY'VE BEEN KIND OF KEEPING UP WITH THEIR END OF THE BARGAIN.

UM, WE DID FORCE MANAGEMENT TO COME IN.

UM, WE'VE HAD SOME CITY ORGANIZATIONS ASSISTING US, UM, WITH THE NEGOTIATION.

IT WASN'T EASY.

IT TOOK A LOT, BUT WE FINALLY GOT IT DONE AND JUST HERE TO SUPPORT OTHER, UH, PROPERTIES THAT MAY BE GOING THROUGH THE SAME THING.

MAYBE THEY CAN USE, TAKE A LOOK AT OUR, UM, I'M SORRY, OUR, UH, AGREEMENT THAT WE MADE WITH OUR MANAGEMENT, AND MAYBE THEY CAN USE THAT GOING FORWARD AT THIS TIME.

WE, UM, WE DO NOT THINK THAT EUREKA SHOULD BE FINE ONLY BECAUSE WE THINK THAT THAT MONEY WILL BE BETTER GOING TO COMPENSATE IN A TENANTS AND USE FOR THE REPAIRS THAT THEY HAVE AGAIN TO DO.

THAT WAS A PARTY AGREEMENT.

AND THANK YOU FOR YOUR TIME.

THANK YOU, MS. BREWSTER.

AND DO WE ALSO HAVE SHAQUITA PLAYER SPEAKING ON THE SAME PROPERTY? YES, I'M HERE.

MY NAME IS SHAKEELA COCHLAN PLAYER.

I'M ALSO A PART OF THE, TO THE ASSOCIATION AND HOW TO COMMISSIONER AS WELL.

UM, BASICALLY EVERYTHING THAT MS. BREWSTER SAID, IT'S THE SAME THING.

WE DO HAVE WEEKLY, UM, MEETING ZOOM MEETINGS WITH YOUR RICA AND THE TENANT ASSOCIATIONS TO KEEP UPDATED ON INFORMATION.

SO I'M NOT GOING TO WORK THERE EVERYDAY.

SHE SAID THEY HAVE AGREED WITH, UM, WOULD THEY, SHOULDN'T BE FINE AND THE MONEY SHOULD GO TOWARDS THE TENANTS AND ANY REPAIRS THAT THE APARTMENT NEEDS.

SO SHE, SHE, SHE HAD EVERYTHING ON THE NOTE.

SO THANK YOU FOR YOUR TIME.

THANK YOU, MISS MS. PLAYER AND, UM, MISS ALLIE AND MR. CARR.

I JUST WANT TO CONFIRM, AND MAYBE CLARIFY FOR ANYONE WHO'S LISTENING TO.

SO, BECAUSE THIS IS A VIRTUAL MEETING, WE ARE REQUIRED TO HEAR ALL PUBLIC COMMENT.

NOW, BEFORE WE HEAR ANY CASES, IS THAT CORRECT? THAT IS CORRECT.

OKAY.

SO THE NEXT SEVERAL SPEAKERS THAT WE HAVE ARE SIGNED UP FOR AGENDA ITEM NUMBER TWO.

SO DO WE HAVE A MARIA RICO AND I BELIEVE WE WILL ALSO HAVE A SPANISH TRANSLATOR FOR MARIA SUSANNA PIMIENTO YES.

HELLO? UM, I'M THE INTERPRETER FOR MARIA RICO.

OKAY.

YES, SHE'S HERE.

I'M HERE.

OKAY, GREAT.

AND SO IF, IF MS. RICO WOULD LIKE TO PROCEED, IF YOU COULD ASK HER TO PLEASE STATE HER NAME FOR THE RECORD, WHEN I STARTED AS AND HELLO, GOOD EVENING.

MY NAME IS MARIA RICO AND I'M A MEMBER OF THAT TENANTS ASSOCIATION.

OKAY.

THANK YOU.

AND IF SHE WOULD LIKE TO PROCEED WITH WHAT SHE HAS TO SAY, PLEASE GO AHEAD.

OKAY.

,

[00:15:02]

, , , I'VE BEEN LIVING FOR OVER FIVE YEARS.

I'VE BEEN IN OTHER FLATS, AND I FIND VERY DISAPPOINTING THE ATTITUDE OF THE, OF THE MANAGEMENT, THE WAS WD AND THE SAME FEBRUARY 16, OR THEY HAVEN'T ANSWERED CALLS OR ANY COMMUNICATION TO REPAIR OUR, UM, OUR HOUSES, OUR LIVING CONDITIONS, I THINK, TO BE MOST CONSEQUENCES.

AND GET FOR OVER ONE WEEK, WE HAD TO SLEEP IN THIS HUMID, UH, BEDROOM WHERE WE, AFTER A WHILE I'VE TERRIBLE, THESE DAYS SLEEPING THERE, WE DEVELOPED, UM, UM, ALLERGIES AND HEADACHES DUE TO THE MOLD AND THE HUMIDITY IN THE, IN THE ROOM.

YES.

UH, UM, AFTER FEBRUARY 16, LIKE BETWEEN SIX, FEBRUARY 16 AND APRIL 30TH, THEY SENT US A LETTER TELLING US THAT WE NEEDED TO, UH, LEAVE THE APARTMENT TO, WE NEEDED TO VACATE THE APARTMENT IN SEVEN DAYS, UH, WHICH I FOUND THAT IT WAS IMPOSSIBLE FOR ME TO FIND A NEW PLACE IN SUCH A SHORT NOTICE CONTAINMENT.

YES.

I WROTE TO THEM AN EMAIL REQUESTING SOME MORE TIME, UH, TELLING THEM THAT I WAS, THAT I WAS ACTUALLY GOING TO MOVE, BUT I NEEDED MORE TIME TO FIND A NEW PLACE THAT I ASKED THEM FOR TWO WEEKS, UH, TO GIVE ME TWO WEEKS WHILE I FOUND A PLACE, BUT THEY REFUSED TO MY, TO MY DEMAND.

THEY, THEY REFUSED TO GIVE ME THAT TIME.

CONTINUING EATING NATO YES.

UM, BECAUSE OF THIS, AS A CONSEQUENCE, UM, A BRADLEY SO MUCH, TRENT, IT GAVE ME SO MUCH STRESS THAT I FELL INTO DEPRESSION.

AND I LAST ONE WEEK OF WORK AND MONEY THAT I DID NOT HAVE A LOT OF TIME TO APPLY FOR A NEW HOUSING, SOMETHING YES.

UH, IT WAS A PSYCHOLOGICAL TRAUMA THAT THEY COST OF DOING THIS.

AND THERE WAS SO MUCH PRESSURE FROM THE MANAGEMENT.

AND I DO NOT UNDERSTAND WHY THEY WAITED SO LONG TO ASK US TO, TO MEET, TO EVERY TEST.

AND, UH, I D I NEVER STOPPED PAYING MY RENT.

I ALWAYS PAINTED ON TIME, AND I BELIEVE WE DESERVE TO BE TREATED DIFFERENTLY.

SOMETHING LIKE YOU CANNOT .

YES.

WHAT THEY DID TO US WAS INHUMANE, AND I THINK THEY SHOULD FIND THEM AND FIND THEM, AND THEN THEY SHOULD GIVE US BACK OUR DEPOSIT.

I THINK THAT THEY LOST THAT.

OKAY.

UH, OKAY.

UM, I'M DONE, I'M DONE WITH THAT.

SHE'S DONE WITH HER TESTING TESTIMONY.

OKAY.

THANK YOU, MS. RICO, AND THANK YOU, MS. PENNY ANTO.

THANK YOU.

DO WE HAVE A MORA HAPPENED ON THE LINE? UH, YES, I'M HERE.

THANK YOU.

OKAY.

MY NAME IS MARA HAPPENED.

YES, PLEASE.

THANK YOU.

MY NAME IS MIRA HAPPENED AND I'M A TENANT AT MILLER FLATS.

WE HAVE ATTENDANCE OF DEALER FLAT ARE LIVING IN AN APARTMENT COMPLEX WITHOUT A PROPERLY FUNCTIONING WATER SYSTEM DIRECTLY AFTER WINTER STORM URI.

WE WERE WITHOUT WATER AND OR HOT WATER FOR WEEKS.

AND IN SOME CASES, MONTHS, WHILE WE WERE EXPECTED TO LIVE IN OUR APARTMENTS PATIENTLY

[00:20:01]

WAIT FOR REPAIRS TO BE DONE AND PAY RENT AND ALL UTILITIES, INCLUDING WATER.

THERE'S AN IMPROVEMENT TO THE WATER ISSUES SINCE THE DIRECT AFTERMATH OF THE STORM.

HOWEVER, ALL THE TENANTS LIVE TODAY ON A DAILY BASIS WITH THE POSSIBILITY OF HAVING NO WATER OR NO HOT WATER, NO WATER OR NO HOT WATER AT ANY TIME, IT IS AN INDIGNITY TO LIVE FOR WEEKS OR MONTHS WITHOUT WATER OR HOT WATER AND NOT BE ABLE TO DO BASIC SELF CARE.

THIS IS ESPECIALLY PROBLEMATIC DURING THE PANDEMIC.

WHEN HYGIENE IS EXTRA IMPORTANT, THE LOOMING THREAT OF WATER OUTAGES CREATE AN UNREASONABLE LEVEL AND ANXIETY AND TRAUMA FOR TENANTS WHO DO NOT KNOW IF THEY'RE GOING TO BE ABLE TO MAKE THEIR MORNING COFFEE, TAKE A SHOWER AT ANY TIME OR WHAT THE CONDITIONS WILL BE IN THEIR APARTMENT.

WHEN THEY RETURN HOME.

AT THE END OF THE, IN MY UNIT, THE MANAGEMENT HAS DONE SOME OF THE SMALL ROUTINE MANAGER REQUESTS I HAVE ASKED FOR, BUT ARE NOT ADDRESSING THE STRUCTURAL CODE VIOLATION THAT HAS BEEN THERE FOR MORE THAN TWO MONTHS.

I AM A RELATIVELY NEW TENANT HERE.

MY NEIGHBORS TELL ME THAT IN THE SIX MONTHS PRIOR TO WINTER STORM, MARY, THERE WERE AT LEAST THREE SIGNIFICANT WATER OUTAGES ON THE PROPERTY.

SO THE UNDERLYING ISSUES WITH OUR WATER AT MUELLER FLAT IS NOT DUE TO THE STORM, BUT LONGER STANDING PROBLEMS WITH THE PIPES AND BOILERS IN WHICH THERE HAS NEVER BEEN A DILIGENT EFFORT TO FIX.

I URGE THE CODE DEPARTMENT AND THE BUILDING STANDARDS COMMISSION TO PLACE KNEELER FLATS IN THE REPEAT OFFENDER PROGRAM, SUSPEND THE MANAGEMENT LICENSE TO RENT OUT APARTMENTS AND APPLY THE MAXIMUM LEGAL FINES FOR CODE VIOLATIONS.

I HOPE THAT THESE MEASURES WE PUT INTO PLACE, AT LEAST UNTIL ALL OF THE CODE VIOLATIONS ON THE PROPERTY ARE CORRECTED.

AND THEN THE TENANTS HERE HAVE SAFE LIVING CONDITIONS AS REQUIRED BY THE LAW.

THANK YOU.

THANK YOU, MS. HAPPEN.

OKAY.

DO WE HAVE DAVID ROJAS ON THE LINE? YES.

HI.

OKAY.

YES, PLEASE.

IF YOU COULD STATE YOUR NAME AND THEN PROCEED.

OKAY.

MY NAME IS DAVID ROJAS AND I LIVED AT MUELLER FLATS FOR OVER A YEAR AND A HALF UNTIL TWO WEEKS AGO IN THE PAST TWO WEEKS ALONE, AFTER RECEIVING A GAG ORDER PROPOSITION FOR MANAGEMENT AND SUBSEQUENT EMERGENCY NOTICE TO VACATE, I'VE HAD TO MOVE OUT OF MY APARTMENT OUT OF A FRIEND'S PLACE OUT OF A HOTEL OUT OF ANOTHER HOTEL, OUT OF MY CAR AND OUT OF ANOTHER FRIEND'S PLACE.

THIS DOESN'T SCRATCH THE SURFACE OF THE PAST THREE MONTHS.

A WATER LINE BURST INSIDE MY UNIT AND FROM ITS MANAGEMENT KNEW ABOUT THE STANDING WATER PULLED INSIDE MY APARTMENT.

SINCE FEBRUARY 17TH, ON FEBRUARY 19TH, I EMAILED MANAGEMENT FOR A FOLLOW-UP ON MY PREVIOUS COMMUNICATION.

I ASKED FOR A DRY PLACE TO STAY IN A PLACE TO PUT MY ITEMS TO THE MAINTENANCE TEAM COULD MOVE IN AND OUT OF MY APARTMENT TO STOP THE GALLONS UPON GALLONS OF WATER FLOODING MY UNIT.

I WAS LATER DENIED A SAFE, DRY PLACE TO STAY OVER A PHONE CALL WITH SEAN SHANNON.

THAT SAME WATER WAS FINALLY EXTRACTED.

28 DAYS LATER THEN CAME THE MOLD FROM HIS MANAGEMENT COLLECTED ON MY RENT FOR OVER TWO MONTHS.

SO THAT EVERY DAY I COULD WAKE UP WITH THICK MUCUS AND GULPING MY THROAT EXTREME FATIGUE AND LACK OF ADEQUATE SLEEP PROMOTE.

THEY KNEW ABOUT SINCE MARCH 10TH, SEAN SHANNON ENTERED MY APARTMENT ON MARCH 17TH TO REVIEW THE WATER AND MOLD IN MY UNIT, NOT MAINTENANCE, NOT TEMPORARY STAFF MANAGEMENT YET NOTHING WAS DONE.

30 DAYS LATER ON APRIL 16TH.

WHEN I WAS ASKED, WHEN I ASKED IF SOME OF THE MOLDY WALLS COULD BE REMOVED.

SO THAT MOVE OUT WOULD BE LESS DANGEROUS.

THE NEW MANAGER, SARAH INFORMING, THIS WAS NOT POSSIBLE.

I MOVE OUT WITH APRIL 27TH AND THE MOLD WAS NEVER REMOVED.

PLEASE IMAGINE GIVING YOUR HARD EARNED MONEY TO AN OFFICE THAT WON'T ANSWER EMAILS.

WON'T ANSWER YOUR CALLS OR HANG UP ON YOU.

IF YOU SPEAK SPANISH, WON'T REPAIR YOUR UNIT FOR A UNIT THAT YOU CAN'T USE ANYMORE, WHERE ALL THE THINGS WHERE ALL YOUR THINGS ARE AT AND THEN HAVING, AND THEN HAVING TO TAKE TIME OFF WORK BECAUSE OF EXTREME FATIGUE.

AFTER CONTINUALLY BEING EXPOSED TO MOLD IN YOUR APARTMENT, HAVING TO SHOW UP TO WORK, DISTRESSED, UNRESTED, DIRTY, AND EXHAUSTED WORRYING ABOUT WHERE YOU WILL SLEEP NEXT.

THIS HAS BEEN MY EXACT EXPERIENCE.

I COULDN'T PAY FOR ANOTHER PLACE TO LIVE AT BECAUSE I WAS PAYING RENT ON A PLACE I COULDN'T EVEN LIVE IN.

AND THEN THEY GAVE ME AN EMERGENCY NOTICE TO VACATE MEANING THEY KNEW I HAD BEEN PAYING FULL PRICE FOR AN APARTMENT THAT TO THEIR STANDARDS IS DANGEROUS AND UNINHABITABLE, PHARMACY MANAGEMENT IS GOING TO TELL YOU TENANT SAFETY IS THEIR NUMBER ONE PRIORITY THAT THEY'RE WORKING HARD TO MAKE REPAIRS, THAT THEY ARE VICTIMS. WHEN TENANTS HAVE BEEN LIVING WITH HEALTH HAZARDS AND DISREPAIR, UNABLE TO GET OUT OF THEIR LEASES FROM US.

DON'T YOU DARE BLAME THE CITY OF AUSTIN.

WHEN ALL OF THIS, AS A RESULT OF YOUR MISMANAGEMENT, PREDATORY PRACTICES, LACK OF PROPER, PROPER INFRASTRUCTURE, GAS, LIGHTING, MANIPULATION, AND DISREGARD FOR EVERYDAY WORKING PEOPLE, PHARMACY, WHERE THE REASON FOR THE MESS WE'RE IN AND YOU ARE BAD FOR YOUR OWN BUSINESS MEMBERS OF BSC, PLEASE DON'T PUNISH FOR MISMANAGEMENT.

SHOW THEM FAIRNESS, SHOW FIRMNESS MANAGEMENT, THE SAME FAIRNESS.

THEY SHOWED US A LOT OF THOSE AND MARIE, MYSELF AND OTHER COUNTLESS VICTIMS OF MOLD EXPOSURE.

THANK YOU.

THANK YOU, MR. ROJAS.

OKAY.

AND DO WE HAVE GABBIE GARCIA ON THE LINE? HI, YES, I'M HERE.

YES, PLEASE GO AHEAD.

MS. GARCIA.

UM, MY NAME IS GABBY GARCIA ON A TENANT ORGANIZER

[00:25:01]

WITH PASTA.

I STARTED WORKING WITH THE TENANTS OF MILOS FLAT SHORTLY AFTER THE WINTER STORM.

WHEN BOSTON PARTNERED WITH OTHER ORGANIZATIONS TO PROVIDE FOOD AND WATER TO TENANTS AND DIARY TENANTS AT MUELLER FLATS NOT HAVE WATER FOR WEEKS AFTER MOST OF THE CITY'S WATER WAS RESTORED.

NOW OVER FOUR MONTHS LATER, AND TENANTS ARE STILL DEALING WITH THE TERRIBLE CONDITIONS THAT EXISTED PRIOR TO THE STORM AND HAVE ONLY GOTTEN WORSE THAN AFTERMATH.

SEVERAL MEMBERS OF THE TENANT ASSOCIATION WANTED TO SHARE THEIR STORIES TO DATE.

THEN IN ORDER TO ALLOW OTHERS A CHANCE TO SPEAK THREE TENANTS HAD SUBMITTED WRITTEN TESTIMONY THAT I WOULD LIKE TO TAKE A MINUTE TO REVIEW.

IF YOU COULD PLEASE FOLLOW ALONG WITH ME AND TURN TO PAGE ONE ATTENDANT WHO PREFERRED TO REMAIN ANONYMOUS FOR FEAR OF RETALIATION, RECOUNTS THE CONDITIONS OF HER APARTMENT AND THE TOLL IT TOOK ON HER MENTAL AND PHYSICAL HEALTH.

ON PAGE FIVE, THE TENANT WRITES ABOUT THE EFFECTS OF NOT HAVING RUNNING OR HOT WATER MANAGEMENT TEAMS OF NOTICES TO MAKE IT AS A THREAT AND THE ONGOING DAMAGES THEY'RE FORCED TO LIVE WITH ON PAGE EIGHT, THE TENANT HIGHLIGHTS ISSUES THAT EXISTED PRIOR TO THE STORM, THE LACK OF SAFETY AND SECURITY AT THE COMPLEX AND HOW THESE CONDITIONS HAVE IMPACTED EVERY ASPECT OF THE 10 LIFE CONNECT.

ALSO INCLUDED PHOTOS OF SOME OF THE MOST SEVERE CONDITIONS ON PAGES 11 THROUGH 18.

A COMMON THEME IN THESE TESTIMONIES IS A BACKLASH FOR MANAGEMENT.

THE TACTICS USED BY MANAGEMENT OR SOME OF THE MOST AGGRESSIVE THAT I MEET DURING ALL MY TIME AT BAFTA INCLUDE BOGUS LEASE VIOLATION NOTICES TO VACATE CALLS TO THE POLICE, RIGHT GASLIGHTING, AND MOST RECENTLY EVICTION CAN.

I I'M SURE THAT MUELLER FLATS WILL TRY TO PAINT A DIFFERENT PICTURE TO GARNER SYMPATHY FROM THE COMMISSION.

THEY'VE ALREADY BEGAN TRYING TO CHANGE THE NARRATIVE BY PLACING THE BLAME ON THE CITY ON CODE AND ON TENANTS ANYWHERE BUT THEMSELVES.

THEY WILL HAVE TRUTH ABOUT HOW THEY'RE GENEROUSLY ALONE TENDED TO BREAK LEASES BELOW ME.

IT'S THE FACT THAT FOR A MONTH, THEY REFUSED TO ALLOW TENANTS TO LEAVE WITHOUT PENALTIES.

THEY PRIORITIZE REPAIRING EMPTY, EVEN AS WELL.

OCCUPIED UNITS WERE IGNORED, EVEN THOUGH THE TENANTS LIVING THERE WERE EXPECTED TO PULL, PAY FULL RENT FOR CONDITIONS LIKE THE ONES SHOWN IN THE PHOTOS IN YOUR PACKET.

THIS GENEROUS OFFER HAD A SEVEN DAY EXPIRATION PERIOD AND TENANTS WERE TOLD THAT IF THEY WERE NOT OUT BY FRIDAY, THAT PERSONAL PROPERTY WOULD BE NOW THE 10 AND TWO STAYED BECAUSE THEY WERE UNABLE TO MOVE ON SUCH SHORT NOTICE OR WHO WANTED TO STAY BECAUSE THEIR APARTMENTS ARE ACTUALLY NOT DAMAGED, HAVE RECEIVED NOTICES TO VACATE TELLING THEM TO BE OUT IN THREE DAYS.

THE BEHAVIOR EXHIBITED BY KNEELER FLATS IS A TESTAMENT TO THE FLAWS IN OUR SYSTEM THAT ALLOW LANDLORDS TO OPERATE THEIR BUSINESS IN A PREDATORY MANNER.

WITH FEW CONSEQUENCES, WE URGE YOU TO FIND MUELLER FLAT TO THE MAXIMUM AMOUNT, ALLOWED A THOUSAND DOLLARS PER VIOLATION PER DAY.

THOSE FINES SHOULD BE IMPLEMENTED IMMEDIATELY AND BSA SHOULD NOT GRANT ADDITIONAL EXTENSIONS AT THE EXPENSE OF RESIDENCE EITHER PLATZ IS ALSO FILED AND APPEALED TO AVOID BEING PLACED ON THE ROP LIST.

THE APPEAL SHOULD BE DENIED AND ONCE THEY ARE OFFICIALLY ON THE LIST, THEY'RE LICENSED TO RENT EMPTYING.

IT SHOULD BE IMMEDIATELY REVOKED.

THE DAMAGE LIEUTENANT SITES HAVE BEEN DONE, AND IT IS IRREVERSIBLE, BUT THE BSC HAS THE POWER TO ENSURE THAT YOU ARE ACCOUNTABLE AND THAT RECEIVED THE MESSAGE THAT THIS WILL NOT BE TOLERATED IN AUSTIN.

THANK YOU, MS. GARCIA.

OKAY.

UM, MS. ALLIE, I BELIEVE WE ARE READY TO PROCEED WITH THE AGENDA ITEMS OR WE GO ONTO THE AGENDA ITEMS. I JUST WANT TO POINT OUT A FEW THINGS.

UM, ONE IS THAT THE AGENDA IS MISNUMBERED SO THERE IS NO ITEM NUMBER THREE, EVEN THOUGH THERE'S AN ITEM, A NUMBER THREE ON THE AGENDA.

THERE IS NO ITEM NUMBER THREE.

AND, UH, THEN ALSO REGARDING ITEM NUMBER TWO, TWO OF THE CASES ON THE AGENDA WERE PULLED THOSE REGARDING UNIT FOUR OH FIVE, WHICH IS CL 21 ZERO SIX ZERO ONE EIGHT TWO AND UNIT SEVEN OH SIX, WHICH IS CL 2021 ZERO SIX TWO THREE EIGHT TWO.

JUST WANTED TO POINT THAT OUT BEFORE WE MOVE ON.

UM, SO ITEM NUMBER ONE ON THE AGENDA

[1. Case Number: CL 2021- 059641 Property address: 2504 New York Drive aka Mount Carmel Village/ Owner: 2008 East Austin Mount Carmel I, L.P. Staff presenter: Moses Rodriguez, Austin Code Department Staff recommendation: Repair commercial multi-family structures]

FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER CL 2021 ZERO FIVE NINE SIX FOUR.

ONE IN IS REGARDING THE PROPERTY LOCATED AT 25 ZERO FOUR NEW YORK DRIVE, ALSO KNOWN AS MOUNT CARMEL VILLAGE APARTMENTS, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE IN A FOLDER ENTITLED 25 OH FOUR NEW YORK DRIVE.

SO HERE'S SOME FACTS ABOUT THE CASE.

I'M SORRY, MISS ELLIE TO INTERRUPT.

UH, I SHOULD HAVE ASKED BEFORE YOU BEGAN, BUT I WANT TO MAKE SURE THAT THE PROPERTY REPRESENTATIVE IS ON THE LINE.

DO WE HAVE PAM MADERA MADERA ON THE LINE? YES, I'M HERE.

OKAY, GREAT.

OKAY.

THANK YOU, PAM.

ALL RIGHT, GO AHEAD.

UM, THIS CASE IS ABOUT A COMMERCIAL MULTIFAMILY PROPERTY WITH 15 BUILDINGS AND A HUNDRED TOTAL UNITS.

THESE CASES WERE ESCALATED TO BSC FOLLOWING THE INCLEMENT WEATHER EVENT IN FEBRUARY, THESE STRUCTURES HAVE

[00:30:01]

SUBSTANDARD CONDITIONS REQUIRING REPAIR IN YOUR GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION REQUIRED NOTICES OF HEARING AND POSTINGS AS WELL AS AN ACTION PLAN FOR THE PROPERTY.

EXHIBIT TWO CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS TWO, A THROUGH TWO OH AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR.

MOSES RODRIGUEZ IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.

AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.

SUPERVISOR RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY, EUREKA.

SO ARE YOU WITH US? POSSIBLY.

ARE YOU MUTED? IT APPEARS HE IS UN-MUTED BUT YOU MAY NEED TO CHANGE YOUR SETTINGS IN THE, UH, OH, IT LOOKS LIKE HE'S RECONNECTING.

WELL, GIVE HIM A MINUTE.

OKAY.

WILL GO OVER THERE.

I APOLOGIZE.

I GOT KICKED OUT ON MY COMPUTER.

I'M ON DEEP FIXED COMPUTER.

GOOD EVENING, UH, MEMBERS, BOARD MEMBERS.

UM, MY NAME IS MOZA RODRIGUEZ.

I'VE BEEN WITH THE CITY OF AUSTIN FOR 16 YEARS AND OFFER WITH THIS DEPARTMENT, UH, BUILDING STANDARDS, UM, AUSTIN CODE, AND I'M HERE PRESENTING TODAY.

UH, THE CASE IN FRONT OF Y'ALL IS 2,500 FOR YORK OFFICER NIKOLAY AL WAS THE CURRENT OFFICER AT THIS TIME.

SHE HAS DEPARTED FROM THE CITY.

SO I WILL REFERENCE HER NAME MANY TIMES.

OFFICER LEANNE WAS, WE HAD THE COMPLAINT ON FEBRUARY 22ND, 2021.

DON'T ASK THEM, SAY, CAN YOU HEAR ME? CAN YOU HEAR ME? YES, THEY CAN HEAR ME.

YES, WE CAN.

THANK YOU.

OKAY.

THANKS.

CONTINUE.

OFFICER LEANNE, UH, CHECK THE COMPLAINT.

WE RECEIVED A COMPLAINT ON FEBRUARY 22ND, 2001.

UM, ON FEBRUARY 23RD, 2001, OFFICER LAB CHECK THE COMPLAINT, CONTACTED THE INFORMATION.

UM, THERE WAS NOBODY THERE.

SHE WENT TO THE PROPERTY.

SHE SPOKE TO THE MANAGER AT THE PROPERTY WHO WAS, UM, FORM OF ELECTRICITY THAT WAS LOST DUE TO THE WEATHER.

AS WE KNOW, AFTER ELECTRICITY, WATER WERE RESTORED, SHE WAS INFORMED THAT THERE WAS A GAS LEAK WAS DETECTED AND THE GUESTS, UH, WAS, WAS CUT OFF.

MS. MENTIONED THAT SHE WAS REACHING OUT TO MULTIPLE PLUMBERS AS WE KNOW WHAT WAS HAPPENING IN THAT URI EVENT, UH, NECESSARY FOR REPAIRS.

UH, SHE WAS TRYING TO, UH, PURCHASE HOT PLATES FOR THE TENANTS, UM, BECAUSE THE GAS WAS WHAT PROVIDED, UH, HEAT AND COOKING AND, UM, THE HOT WATER.

SO THERE WAS NO GAS TO THE PROPERTY.

UM, ON MARCH 3RD, WE HAD, UH, OFFICER LEE MET WITH THE PROPERTY MANAGER, MS. , WHO STATED THAT SHE WAS INFORMED BY THE COMPLEX CONSTRUCTION GARY, THE THIRD-PARTY COMPANY HAD TO COME IN AND DO THE FLAGS.

AND, UM, BEFORE THEY START DIGGING TO GET TO THAT, TO THAT LINE.

SO THERE WAS ALL THIS GAP OF, YOU KNOW, GETTING OTHER AGENCIES INVOLVED TO, TO MARK THE, UM, THE LINES SO THEY CAN COME AND DIG AND FIX THIS.

UM, MS HAD IMMUNE FORMED THEM AT THAT TIME THAT THEY HAD HOT PLATES FOR COOKING HEATING.

UH, SHE MENTIONED ALSO THE TENANTS HAD LEFT TO STAY WITH FAMILY MEMBERS.

UM, JOE ALSO SAID THE URBAN LEAGUE HAD REACHED OUT TO THEM AND BRING DRINKING WATER TO THE TENANTS AND CAT METRO HAD INQUIRED BUS PASSES FOR THE TENANTS, UM, AND THEY WERE ALSO BRINGING PIZZAS.

AND THIS WAS ALL AS WE KNOW, AS THE TRANSITION, FEBRUARY 23RD, UM, MARCH 3RD AND ON THE MARCH 5TH, UH, OFFICER LEANNE WAS THERE AGAIN, SHE SPOKE WITH MS.

[00:35:01]

OR INFORMED, OR THE GAS LINE WAS DETECTED.

A CREW WAS CURRENTLY DIGGING IT UP ONCE THE LINE HAD BIG DAIGO FOR REPAIRS.

JOHNSON MENTIONED THAT THE TIRE A HUNDRED UNITS.

SO THERE'S 15 BUILDINGS WHEN YOU INCLUDE THE OFFICE IS 16 BUILDINGS.

UM, BUT THIS AFFECTS A HUNDRED UNITS.

UM, THE PROPERTY WAS RUNNING WATER HAD RUNNING WATER, BUT NO GAS, AGAIN, NO GAS FOR NO HOT WATER, NO GAS FOR COOKING AND FOR HOT, FOR HOT WATER, NO COOKING.

AND THE FURNACE AND THIS MEAL WALKED WITH, UH, OFFICER LAND, UM, IN THE PROPERTY AND CONSTRUCTION.

SHE ALSO OBSERVED THE THREE PALLETS OF WATER.

UM, THE EATING PACKAGES THAT THEY HAD BROUGHT FRESH FRUITS AND, UH, ALL THIS WAS PROVIDED THROUGH THE NATIONAL GUARD.

AS WE KNOW, A LOT OF AGENCIES WERE ASSISTING THEM AT THAT TIME.

UM, ON MARCH 8TH, UH, ERIC GARDNER WENT TO THE PROPERTY, HE SPOKE TO THE CONTRACTOR AND THEY WERE TRYING TO MAKE THE REPAIRS.

THEY WERE TRYING.

ONE OF THE THINGS IS THAT PEZ PITCHER PRESSURIZED, UM, HAS TO HOLD THE PRESSURE AND IT, IT WAS HOLDING, BUT NOT ENOUGH.

UM, SO THERE WERE GOING TO GET OUT THERE AGAIN, ANOTHER CREW TO START SEEING, AND ONCE THEY WAS HOLDING THE PRESSURE, THEN THEY FOUND OUT THAT THE CITY SITE NEEDED REPAIRED.

SO THAT WAS ANOTHER PROCESS THAT HAD TO HAPPEN.

UM, CURRENTLY WE HAVE, UH, BUILDING ONE THROUGH 14, THEY HAVE ACTIVE PERMITS.

THEY HAVE TWO FINAL PERMITS, PLUMBING PERMITS, I'M BUILDING 15 AND 16.

I WANT YOU TO, I WANTED TO MENTION ALL THAT.

UM, ON MARCH NINE, OFFICER GARDNER, UH, ANOTHER, UH, CITY INSPECTOR HAD GONE AND SPOKE TO WAYNE.

UM, AT THAT TIME IT HAD NOT PULLED ANY PERMITS.

HE MENTIONED THEY HAVE TO, TO GET THE CONSTRUCTION, BUT AS WE, AS THEY STARTED DETECTING, THERE WERE MORE GAS LEAKS THROUGHOUT THE COMPLEX, AND THEY WERE HAVING TROUBLE FINDING THESE LEAKS.

UM, THAT WAS MARCH NINE, UM, MARCH 22ND.

MY I MYSELF WENT TO THE PROPERTY.

UM, I WENT AND OBSERVED THAT ONE OF THE PROP, THEY HAD HIT A, UH, A WATER LINE.

SO THE WATER WAS SHUT OFF FOR ALMOST TWO HOURS.

AND I DID CHECK THE TEMPERATURE, UH, THE WATER TEMPERATURE.

IT WAS 69 DEGREES.

AT THAT TIME, THERE WERE ABOUT 70 UNITS.

THEY'RE STILL RECITING.

UM, 32 UNITS WERE, WERE A SEPTIC HOTEL LODGING.

THEY CONTINUED TO REPAIR THE GAS LINE.

THEY WERE LOOKING AT TWO WEEKS PER BUILDING AND 90 DAYS TO FINISH THE RESTORATION OF THE GAS LINE.

THEY W THEY WANT ALL OF THE RESIDENTS TO RELOCATE BY THIS FRIDAY, BUT THEY HAD HIRED A RELOCATION AGENCY AND THEY WERE CALLING TEMPORARILY RELOCATING, UH, RESIDENTS, UM, LIVING BEHIND LEAVING BEHIND THEIR FURNITURE.

AND THEY WERE ASKED, UH, TO JUST PACK THEIR BELONGINGS AND THEIR CLOTHING.

UM, THE RESIDENTS CAN RELOCATE TO A HOTEL OR BREAK OR BREAK THE LEASE.

I OBSERVED THE PEOPLE THERE THAT WERE COOKING THE FOOD TRUCK AND ALSO THE CLEANING.

UM, THEY GET A BREAKFAST AND LUNCH PROVIDED AT NO COST TO THE RESIDENTS.

I TOOK PICTURE OF THE TRAILER THAT WAS THERE.

ONE OF THE THINGS THAT THEY THOUGHT ABOUT THAT I DIDN'T EVEN THOUGHT ABOUT IS BECAUSE THERE WERE THE LAUNDRY MAT.

I COULDN'T USE HOT WATER TO, TO WASH THEIR CLOTHES.

SO THEY BOUGHT A BIG TRAILER BESIDES RINGING THE SHOWERS FOR THEM.

THEY HAD A BIG TRAILER WITH WASHERS AND DRYERS, AND ALL OF THIS WAS BEING PROVIDED AT NO COST TO THE RESIDENTS.

UM, AT THAT TIME AS OF FEBRUARY 28TH, UH, I MEAN, APRIL 28TH, I CAN KEEP ON GOING.

UM, I GOT OFF THE PHONE WITH JENNIFER, THE DIRECTOR, AND SHE WAS THE ONE IN FOR ME AS OF APRIL 19, NO ONE WAS RESIDING AT THE PROPERTY.

THE PROPERTY WAS FENCED OFF AND THEY HAD SECURITY.

AND SHE TOLD ME THAT, UM, WHAT WAS THE NEXT STEP? AND I TOLD HER THAT WE WOULD PROBABLY COME TO A COMMISSION AND THAT WAS GOING TO BE THERE THE NEXT DAY TO POST SOME MORE NOTICES.

SO WE HAVE NOTICES THAT HAVE BEEN POSTED ON THE PROPERTY.

WE DID ABOUT NINE BUILDINGS INSPECTIONS.

WE ENTERED SOME UNITS AND WE'VE DEFINED NO GAS, NO HOT WATER.

NO, HE, AND WE FOUND SOME, UM, KITCHEN THAT'S NEEDED TO BE REPAIRED, SHOWER MINING, THINGS THAT THEY SAID THAT THEY WILL REPAIR BEFORE THE CITY, THE RESIDENTS WOULD COME BACK IN.

UM, THAT WAS WHAT WOULD I WAS TOLD, BUT OF COURSE WE WOULD, BEFORE WE CLOSE ANY OF THESE CASES, WE WOULD HAVE TO VERIFY THOSE VIOLATIONS WERE CORRECTED.

BUT THAT, THAT'S WHAT I WANT TO SAY IS, UM, UH, I'VE BEEN TO THE PROPERTY, UM, VARIOUS OCCASIONS.

UM, I SEEN THAT THEY STARTED ALREADY COVERING A LOT OF THESE HOES THAT, UH, THESE LINES HAVE BEEN FIXED.

UH, I KNOW THEY'RE PROBABLY CALLING INSPECTIONS TO GET THEIR FINALS.

AS I MENTIONED BEFORE, WE GOT BUILDING ONE THROUGH 15, ONE THROUGH 1514 THAT THEY HAVE THE PERMITS AND YES, ONE THROUGH 14, BUT THEY HAVE BUILDING FINAL FOR 15 AND 16.

THOSE ARE THE TWO THAT

[00:40:01]

HAVE FINAL FOR THE GAS LINE.

UM, AND, AND MOST OF THE TENANTS THAT I WILL TALK TO AND MENTION IT, IT WAS AN INCONVENIENCE BECAUSE NO GAS, NO HEAT, NO HOT WATER PRIOR TO THIS, UH, COMMISSIONERS.

I WANTED TO MENTION, WE HAD, WE HAD MAYBE SEVERAL COMPLAINTS THROUGHOUT THE YEARS, BUT NEVER, NEVER CONSIDERED ANYTHING LIKE THIS, THAT, UM, THAT IT WOULD RED FLAGGERS HAVE ANY PROBLEMS. UM, I KNOW I WAS, I'VE BEEN HERE LIKE A 16.

I PROBABLY WENT ONE TIME TO THIS PROPERTY ABOUT 10 YEARS AGO.

UM, BUT AS WE SPEAK, THIS IS WHAT'S, WHAT'S GOING ON RIGHT NOW.

UH, ALL THE HA ALL THE UNITS HAVE BEEN BOARDED UP AND SECURED.

THEY HAVE A SECURITY GUARD THERE.

I BELIEVE THEY'VE MENTIONED TO ME IT'S DAY AND NIGHT.

UM, ONE OF THE PROBLEMS THEY WERE HAVING WERE RELOCATING, I WANT TO MENTION THAT, UM, THEY HAD, THEY HAD CERTAIN CIRCUMSTANCES.

THEY HAD A, UH, A GENERAL, UH, A LADY THAT I HAD THAT HAD LEUKEMIA, UH, SOME SICKNESS.

AND THEY WERE TRYING TO LOCATE HER WHERE SHE CAN GO TO HER CHEMO AS CLOSE AS POSSIBLE.

UM, SO THEY HAD TO LOOK FOR LOCATIONS, UH, AN OLDER GENTLEMAN THAT WAS ON, ON OXYGEN.

THEY HAD TO FIND SOMETHING CLOSER FOR HIM, FOR HIS THERAPY AND HIS DOCTOR CHECKUPS.

SO THEY HAD CHALLENGES TRYING TO FIND AND RELOCATE ALL THESE PEOPLE.

BUT I JUST WANTED TO MENTION TO THAT, AND I'M OPEN FOR QUESTIONS.

ANY OF Y'ALL COMMISSIONERS.

OH, YOU'RE NICE.

IS YOUR PHOTO EXHIBITS.

OH, OKAY.

QUESTION GREEN.

GOOD COMMISSIONERS.

I'D LIKE TO HOLD OUR QUESTIONS UNTIL AFTER WE HEAR FROM THE PROPERTY REPRESENTATIVE, PLEASE GO AHEAD AND INSPECT HER RODRIGUEZ.

UM, IT GOT ME OFF GAME, RIGHT WHEN I HAD TO MOVE, MOVE, MOVE COMPUTERS, BUT TWO A IS THE FRONT OF THE PROPERTY.

UM, NEXT PICTURE PLEASE TO B IS THE TEMPERATURE.

AS WE KNOW, THERE IS NO GASES PROPERTY.

SO THAT'S SHOWING IT AT 68 DEGREES, WHICH, UH, THE IPMC SAYS IT HAS TO BE IN 110 DEGREES.

UH, THIS WAS UNIT TWO 31 WHEN I DID THE INITIAL INSPECTIONS.

UH, NEXT PICTURE, PLEASE.

THIS IS THE WASHERS AND DRYERS THAT WAS PROVIDED TO THE TENANTS AT NO COST.

UM, THERE WAS PEOPLE OUTSIDE JUST STANDING AND SITTING, JUST WAITING TO GET THEIR LAUNDRY.

NOW, ALL OF THIS WAS THERE AND THE SHOWERS WERE PROVIDED WHILE THE RESIDENTS WERE THERE.

UH, THEY TOLD ME THEY WERE GOING TO SEIZES ONCE THERE WAS AN OLD RESIDENCE THERE.

UM, BUT THEY PROVIDED THIS, UH, THIS BIG TRAILER.

UH, NEXT PICTURE.

THIS IS THE TRAILER THAT I'M TALKING TO YOU TO E AND THEN ON THE RIGHT, THOSE ARE THE SHOWERS.

UH, TWO, TWO OR FOUR SHOWERS WERE PROVIDED FOR THE FACILITY TO PROVIDE HOT WATER.

NEXT PICTURE.

THIS IS THE, UM, A BUILDING WITH NO GAS METER AT ALL TO F NEXT PICTURE AND THE OTHER BUILDING WITH NO GAS METER.

UH, THIS, I JUST WANTED TO SHOW A PICTURE OF THE, THE GAS.

THIS IS GAS FURNACES THROUGHOUT THE PROPERTY.

SO THE A HUNDRED UNITS DON'T HAVE, UH, THEY DIDN'T HAVE HEAT, UH, CAUSE THERE'S NO GAS TO PAGE.

THANK YOU.

NEXT PICTURE.

THERE'S UH, ANOTHER PICTURE SHOWING AND TOO HIGH, A 65 DEGREES, UH, SHOWING THE STOVE.

I MEAN, THERE'S NO GAS TO THE STOVE.

UM, TJ, I WANTED TO SHOW THAT TWO OH FIVE UNIT TWO OH FIVE.

THAT WAS THE ONE FOR NO GAS.

HERE IS THE DIGGING THAT THEY WERE DOING.

THEY HAD A WHOLE CREWS DIGGING AROUND CONSTRUCTION.

IT WAS, IT'S LIKE A BEE.

I COULD JUST IMAGINE A FULL BLOWN CONSTRUCTION TO DIG OUT THESE LINES FOR THESE 16, UM, BUILDINGS.

UM, I THINK WE HAVE A MAP THAT WILL SHOW YOU FURTHER DOWN.

THESE, SOME OF THE, UH, PIPES THAT WERE USED ARE REMOVED.

THIS IS JUST A CLOSEUP OF THE PICTURES AND TWO HAND, UH, HERE'S THE GAS THAT THE METER, THE BIG VALVE MISSING, UM, AND WE'LL BE CONNECTED ONCE THEY RESTORE THE GAS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.

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

STAFF 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 STAFF ALSO REQUESTS THAT THE COMMISSION

[00:45:01]

ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AND FOUR ON THE 46 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 REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTRA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.

YES.

THANK YOU, MISS ALLIE.

I'LL GO AHEAD AND ADMIT STAFF EXHIBITS, NUMBER ONE, AND NUMBER TWO A THROUGH TWO.

OH AND MISS MADEIRA.

ARE YOU READY TO READY TO PROCEED? I AM.

THANK YOU COMMISSIONERS FOR VOLUNTEERING YOUR TIME AND BEING HERE THIS EVENING.

MY NAME IS PAM MADEIRA.

I'M WITH JACKSON WALKER AND I'M HERE ON BEHALF OF THE PROPERTY OWNER.

UM, I APPRECIATE, UM, MR. RODRIGUEZ SUMMARY OF THE EVENTS AS THEY TOOK PLACE DURING THIS UNPRECEDENTED STORM.

UM, I WILL SAY THAT, UH, ONCE WE REALIZED THE SEVERITY OF THE MULTIPLE LEAKS, UM, IN THE RUPTURED GAS LINES, UM, THE OWNERSHIP DEDICATED ITSELF TO TRYING TO PUT INTO PLACE AN ACTION PLAN AND CREATED AN ACTION PLAN TO SUPPORT IT TENANTS, UH, AND OTHERS THAT WERE ENDURING HARDSHIPS AS A RESULT OF THE GAS LINE FAILURE.

UH, WE PARTNERED WITH THE CITY OF AUSTIN WITH SOUTHWEST HOUSING COMPLIANCE CORPORATION AND OTHERS TO COORDINATE SERVICES AND SOURCE EVERYDAY NECESSITIES FOR THE TENANTS.

UM, OUR ACTION PLAN, UM, INCLUDED, MAKING SURE THAT OUR RESIDENTS HAD DAILY MEALS, UH, ELECTRONIC COOKING DEVICES, HOTEL ACCOMMODATIONS, UM, WE PROVIDED ONSITE AS YOU SAW IN THE PHOTOGRAPH LAUNDRY AND SHOWER FACILITIES, PORTABLE HEATERS, UH, TRANSPORTATION TO, UM, HOTELS OR OTHER PLACES THAT THEY NEEDED TO GO A Y WIFI.

SO THEY WOULD BE ABLE TO USE, UM, THE INTERNET, UM, WHILE WE DETERMINED IF THERE WAS ANY WAY THE GAS LINES, YOU KNOW, COULD BE REPAIRED OR, OR HAD TO BE REPLACED IN COORDINATED THOSE EFFORTS.

UH, I'D SAY ROUGHLY, MAYBE HALF OF OUR RESIDENTS CHOSE TO STAY.

UM, WHILE, UH, MORE ABOUT HALF OF OUR RESIDENTS WENT AHEAD AND LEFT AT THAT TIME AND, AND THE RELOCATION, UM, COMPANY, UM, THAT CAME HIGHLY RECOMMENDED, UM, WORKED TIRELESSLY TO TRY TO GET THEM, UM, SET UP IN HOTELS AND OTHER PLACES, UH, AROUND THE OTHER HALF OF OUR RESIDENTS THAT CHOSE TO STAY.

UM, WE WORKED WITH EACH FAMILY BASED ON THEIR INDIVIDUAL NEEDS.

AND, UM, MR. RODRIGUEZ TOLD YOU A LITTLE BIT ABOUT THAT TO TRY TO, UM, PLACE THEM IN A LOCATION AND IN A TYPE OF HOME OR RESIDENCY THAT WOULD BEST SERVE THEIR NEEDS.

UM, IN ADDITION TO, UH, THE IMMEDIATE EFFORTS THAT WE TOOK TO TRY TO SUPPORT THE TENANTS WHEN WE REALIZED THE SEVERITY OF THE PROBLEM, UM, WE HAVE INVESTED MORE THAN $250,000 TO PROVIDE RESIDENTS WITH THE FOLLOWING DURING THE TEMPORARY RELOCATION, WE'VE PROVIDED REBATES FOR THREE MONTHS OF RENTAL ASSISTANCE.

WE PROVIDED TWO MONTHS OF UTILITIES REBATE.

WE HAVE PROVIDED OUR RESIDENTS WITH WEEKLY CASH, STIPENDS, HOTEL ACCOMMODATIONS, MOVING EXPENSES, UM, AND THINGS OF THAT NATURE.

WE UNDERSTAND THIS HAS BEEN, UM, QUITE AN ORDEAL FOR THE RESIDENTS THAT LIVE THERE AND WE WANT, UM, TO MAKE SURE, UM, THAT THEY HAVE A LITTLE BIT OF COMFORT WHILE THEY'RE, UM, TEMPORARILY AWAY FROM THEIR HOME.

UH, WE ALSO CONTRIBUTED A DONATION TO THE MOUNT CARMEL, UM, TENANTS ASSOCIATION AND WORKED WITH THAT ASSOCIATION TO REACH AN AGREEMENT THAT INCLUDES US REVITALIZING THE COMMUNITY ROOM, INSTALLING A PLAYGROUND ON THE PROPERTY, COMPLETING WORK ORDERS FOR INTERIOR UNIT, UM, AND PROVIDING WEEKLY RESIDENT UPDATES IN BOTH ENGLISH AND SPANISH, AS WELL AS, UH, MEAL STIPENDS.

SO, UM, WE ARE COMMITTED TO MAKING SURE WE KEEP OUR RESIDENTS INFORMED.

UM, I KNOW, UM, THEY ARE VERY EAGER TO GET BACK WHILE, UM, THE CONSTRUCTION WORK IS TAKING PLACE.

AS YOU SAW IN THE PHOTOS, WE HAVE BEEN WORKING NONSTOP ON INTERIOR REPAIRS TO THE UNIT.

UM, I THINK THIS WAS, UM, A GOOD OPPORTUNITY FOR US TO BE ABLE TO GO INTO THE UNITS AND PAINT,

[00:50:01]

UM, SIX FLOORS, DRY WALL, PEST CONTROL, ANYTHING THAT IS JUST GENERALLY NEEDED FOR GOOD UNIT MAINTENANCE.

AND, UM, THAT IS WHAT WE ARE DOING NOW WHILE WE WORK WITH, UM, THE CITY AND AT TEXAS GAS, UH, AND OUR CONTRACTORS TO GET THE LINES, UM, SAFELY RESTORED.

SO I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

OKAY.

THANK YOU, MS. MADEIRA.

UH, I'D LIKE TO DIRECT THE COMMISSIONERS TO THE OTHER, THE PROPERTY OWNERS EXHIBIT NUMBER ONE, WHICH IS ALSO IN OUR READERS.

AND I WILL GO AHEAD AND ADMIT THE PROPERTY OWNERS EXHIBIT NUMBER ONE.

UM, MS. MADEIRA, I HAVE ONE QUESTION FOR YOU BEFORE I OPEN THIS UP TO THE COMMISSION.

HOW LONG DOES THE MANAGEMENT, UH, THINK IT WILL TAKE BEFORE REPAIRS ARE COMPLETE AND RESIDENTS CAN MOVE BACK IN.

WE ARE STILL, I MEAN, AN AND THAT IS THE KEY QUESTION WE ARE.

UM, WE ARE STILL WORKING ON, UM, MAKING THAT DETERMINATION.

UM, WE HAVE TO MAKE SURE THAT GAS IS RESTORED AND A UNIT FOR A HUNDRED PERCENT READY, AND THEN WE'RE GOING TO BEGIN TO NOTIFY RESIDENTS OF AN ACTION PLAN FOR THEM TO RETURN HOME.

UM, I'M HAPPY TO, UM, TO WORK AND PROVIDE THE COMMISSION WITH, UM, OUR BEST ESTIMATE ON THE DATE.

JUST AS SOON AS I HAVE THAT, WE DON'T KNOW THAT YET.

WE HAVE BEEN, UM, UM, CONTINUING OUR COORDINATION WITH THE CONTRACTORS WHO ARE THERE WORKING DAILY ON THE PROPERTY, BUT I DON'T YET HAVE A TIMEFRAME FOR WHAT THAT IS NOT EVEN WILLING TO HAZARD TO GUESS.

UM, IT WOULD, IT WOULD TRULY BE A GUEST.

I REALLY, I REALLY DON'T HAVE AN ESTIMATE RIGHT NOW, BUT I CAN TELL YOU THAT IT'S, I CAN TELL YOU THAT, UM, IT IS BEING, UH, THE CONSTRUCTION IS BEING WORKED ON DAILY, SO THERE IS NO, THERE'S NO GAP IN THE PROCESS.

AND, YOU KNOW, CERTAINLY, UM, WHILE OUR RESIDENTS ARE AWAY FROM THEIR HOME, UM, WE'RE CONTINUING TO PROVIDE, UM, YOU KNOW, UH, UH, STIPENDS AND, UM, AND, AND COMFORT AND OTHER AND OTHER THINGS OF CONVENIENCE.

AND WE WOULD LIKE TO GET THEM BACK AS SOON AS POSSIBLE.

OKAY.

THANK YOU, COMMISSIONER MILLER.

DID YOU HAVE A QUESTION EARLIER? UM, YES, I HAVE SEVERAL QUESTIONS ACTUALLY.

UM, SO MY FIRST QUESTION IS, IS THIS, IS, ARE THE MOUNT CARMEL APARTMENTS OFFICIALLY PART OF ANY AFFORDABLE HOUSING PROGRAM? YES THEY ARE.

AND WHAT PROGRAM IS THAT THEY ARE, THEY ARE PART OF, UM, AND ARE THROUGH HUD.

SO WE ALSO, AS PART OF THIS PROCESS COORDINATED, UH, WITH HUD ON, UM, ON THE RELOCATION AND OTHER ITEMS FOR OUR RESIDENTS.

BUT WHEN YOU SAY HEAD, IS IT PROJECT-BASED SECTION EIGHT? WHAT'S, WHAT'S THE NAME OF THE PROGRAM? I DO NOT KNOW THE NAME OF THE PROGRAM, BUT I'M HAPPY TO SUPPLEMENT AND PROVIDE THAT TO THE COMMISSION.

OKAY.

OKAY.

UM, I FOUND IT A LITTLE HARD TO FOLLOW THE TIMELINE OF EVENTS, AND WE HEARD FROM MANY RESIDENTS BEFORE AND SOUNDED VERY UPSET ABOUT LACK OF COMMUNICATION, ESPECIALLY EARLY ON, UH, AND ALSO IN THE PICTURES THAT MR. RODRIGUEZ SHOWED US, HE SHOWED US SEVERAL PICTURES OF BUILDINGS THAT DIDN'T HAVE GAS METERS.

AND I WAS UNCLEAR.

WAS THAT SOMETHING THAT PREDATES THE STORM? DID THESE BUILDINGS NEVER HAVE GAS METERS, OR WERE THEY REMOVED BECAUSE OF, UM, GAS LINES BEING RUPTURED? COULD, COULD YOU CLARIFY THAT PLEASE, MR. RODRIGUEZ, THAT IS CORRECT.

THE METERS WERE REMOVED BECAUSE NORMALLY A TEXAS GAS WILL REMOVE THEM IF THERE IS A GAS LEAK.

SO PEOPLE WON'T TRY TO, UM, UM, UM, MAKE, BREAK THEM ON BREAK THE LOCKS.

SO THEY JUST REMOVE THE GAS METER ITSELF.

SO THEY, THESE PEOPLE HAD GAS BEFORE THE STORM.

IT'S JUST THE STORM IS WHAT CAUSED THIS.

AND THEY HAD SEVERAL, SEVERAL GAS LEAKS WHERE ALL THE 16 BUILDINGS, UM, I WISH THEY HAD THE EXHIBIT WHERE IT SHOWS ALL THE LINES THAT HAD TO BE COMPLETELY REPLACED.

SO JUST IMAGINE, UH, COMMISSIONER MILLER IS IT'S IT'S, UH, THEY HAD TO RE RE DE GOT THESE HOES MANY TIMES, TAKE UP THESE HOLES, HAND AND PIPE PIPE PIPE, AND, AND, AND, AND PREDICT THIS, UM, BECAUSE THERE'S, THERE'S, UM, THERE'S SIDEWALKS THAT HAD TO BE BROKEN.

SO IT'S JUST LIKE A RE UH, RE RE RE-PIPING THE WHOLE COMPLEX.

SO THAT'S WHY THE GAS METERS WILL NOT BE INSTALLED UNTIL TEXAS GAS, UH, UNTIL THERE'S FINAL, UH, THAT THERE'S HOLDING THE PRESSURE ON THE LINES.

AND THE TEXAS GAS IS SECURED THAT THERE IS A FINAL AND THEY WILL START, UM, PUTTING THOSE GAS METERS BACK, AND THEN THEY WILL SUPPLY THE GAS TO THIS

[00:55:01]

PROPERTY.

OKAY.

SO I UNDERSTAND, UH, YOU KNOW, WE HEARD SOMETHING ABOUT THE DELAYS INVOLVED IN THAT, BECAUSE EACH STEP REQUIRES PERMITTING INSPECTION, ALL THOSE KINDS OF THINGS.

UM, YOU KNOW, IN THE MEANTIME, PEOPLE DON'T HAVE HEAT, THEY DON'T HAVE THE ABILITY TO COOK AND THOSE THINGS, AND I'M KIND OF UNCLEAR WHEN THE SERVICES BEGAN TO BE PROVIDED TO THEM.

UM, YOU KNOW, WHAT WAS THE COMMUNICATION FROM MANAGEMENT TO THE RESIDENTS? AND WHEN DID THAT COMMUNICATION START AND WHY, YOU KNOW, MANY PEOPLE SEEMED UPSET THAT THEY HAD VERY LITTLE TIME TO PLAN, UM, TO LEAVE, YOU KNOW, TO MAKE THE CHOICE TO EITHER RELOCATE TO A HOTEL OR TO BREAK THEIR LEASE AND FIND SOMETHING ELSE.

AND WE KNOW IN AUSTIN RIGHT NOW, FINDING SOMETHING ELSE IN SEVEN DAYS IS NOT REASONABLE.

SO I GUESS I'M WONDERING MORE ABOUT THE TIMELINE IN TERMS OF THE CONDITIONS THAT TENANTS WERE FACING AND WHEN THINGS STARTED TO HAPPEN, WHEN THEY BEGAN TO, UM, LEARN SOMETHING ABOUT THE PLANS FOR MANAGEMENT AND EXPERIENCE ANY ACCESS TO ANY OF THESE THINGS, COMMISSIONER MUELLER, I'M SORRY.

I'M GOING TO INTERRUPT FOR JUST A MINUTE.

I WANTED TO CLARIFY THAT MOMENT.

I'M JUST, OKAY.

BUT ONLY THE FIRST TWO SPEAKERS DURING OUR PUBLIC COMMENT WERE REGARDING THIS PROPERTY.

UH, NO, THAT'S NOT TRUE.

ORGANIZER FROM BOSTON WAS TALKING ABOUT THIS PROXIMITY.

SHE WOULD STOP SPEAKING FOR THE SECOND PROPERTY.

OH, OKAY.

YES, YOU'RE RIGHT.

IN THE FIRST TWO SPEAKERS DURING THE PUBLIC COMMENT FROM THE TENANTS ASSOCIATION.

YEAH.

RIGHT, RIGHT.

THEY, THEY WERE ACTUALLY BOTH RECOMMENDING AND BOTH WERE RECOMMENDING NO FINES AS THEY HAD SEEN IMPROVEMENT AND THOUGHT THAT THE MONEY WOULD BE BETTER SPENT ELSEWHERE.

SO.

OKAY.

YES.

THANKS FOR CLARIFYING THAT.

SEE COMMISSIONER GREEN? YES.

GO AHEAD.

COMMISSIONER GREEN.

HMM.

I CAN AFFIRM THAT YOU HAVE A GAS ISSUE.

SOMEBODY COMES OUT AND SHUT YOU OFF, TAKES AWAY YOUR VOWS AND LOCKS YOU DOWN.

I HAD IT FOR A FIREPLACE UP TWO YEARS AGO, AND IT'S SUPPOSED TO UNPLEASANT LANSCHOOL COMMISSIONER SEELIG.

DID YOU HAVE A QUESTION ABOUT THOSE, THE TENANTS WHO HAD TO MOVE OUT EITHER TO A HOTEL OR SOMEWHERE ELSE, OR ARE THEY STILL PAY ROOMS? THEY ARE NOT.

THIS IS, UH, THIS IS PAM.

WE HAVE PROVIDED REBATES SO FAR FOR THREE MONTHS OF RENTAL ASSISTANCE AND ALSO TWO MONTHS OF, OF UTILITIES REBATE SO THAT THEY ARE NOT OUT, UH, FOR RENT.

AND WE HAVE ALSO, UM, OUR RELOCATION, UM, SPECIALISTS WORKED TO TRY TO MAKE SURE THEY ALL HAD PLACES TO GO, UM, THAT FIT THEIR OWN INDIVIDUAL NEEDS.

AND IF THEY STAY IN A HOTEL WHO KS UP THOUGH, THEY ARE NOT RESPONSIBLE FOR PAYING THAT BILL.

OKAY.

I WANTED TO CLARIFY A LITTLE BIT ABOUT, UM, MS. MILLER, THE TIMELINE IT WOULD STARTED.

UH, WE GOT THE COMPLAINT FEBRUARY 22ND.

WE GOT COMMUNICATION WITH, UH, WITH THE MANAGER ONSITE ON THE 23RD WITH OFFICER LAMB ON THE 23RD.

UM, ON MARCH 1ST, WE DID HAVE SOME COMMUNICATION.

UH, THEY FOUND OUT IT WAS THE GAS LINES AND IT WAS MORE, UH, BUT AT ALL THOSE TIMES THEY WERE COMMUNICATING AND TELLING US WHAT THEIR PLAN OF ACTION WAS GOING TO BE.

UM, THE FASTEST THINGS WAS GETTING THOSE MEALS.

I HAD NEVER SEEN THOSE MEALS.

I CAN WARM UP WITHOUT, WITHOUT LIKE JUST WATER IN IT.

APPARENTLY.

UM, THEY BROUGHT THAT WATER.

UM, THEY STARTED FEEDING THEM PIZZAS.

THEY GOT THIS, THIS FOOD TRUCK TO COME AND JUST, UM, JUST START COOKING EGGS AND BREAKFAST AND LUNCH FOR THEM.

UM, I THINK THAT WAS PROVIDED ON, I BELIEVE ON MARCH, MARCH 5TH, WE HAD OTHER AGENCIES PROVIDING MEALS, COOKED MEALS.

UM, BUT IT WAS, IT WAS ON THE FIFTH.

UM, ABOUT THE EIGHTH IS WHEN THEY STARTED DOING ALL THOSE, UM, BRINGING THOSE FOOD TRUCKS, BUT A LOT OF AGENCIES WERE INVOLVED TO ASSIST AND, AND, UM, AND PEOPLE FROM THE COMMUNITY CAME INTO THE CITY.

I MEAN, I HEARD ABOUT NATIONAL GUARD COMING AND BRINGING THOSE MEALS AND PALLETS OF WATER.

SO THEY WERE ALWAYS IN COMMUNICATION WITH US FROM THE BEGINNING.

YEAH, I WAS, I WAS CONFUSING THE TWO CASES.

YES MA'AM YES.

MA'AM.

THANK YOU.

INSPECTOR RODRIGUEZ.

I HAVE ANOTHER QUESTION TOO.

NOW YOU'VE STATED THAT THE PROPERTY OWNER HAS HAD AN ACTION PLAN ALL ALONG, UM, FROM EVERYTHING I'M HEARING, IS THAT A FAIR ASSESSMENT THAT THIS ACTION PLAN HAS BASICALLY ONLY CHANGED

[01:00:01]

AS THE SCOPE OF THE PROBLEMS HAVE BEEN UNEARTHED? YEAH, THE ONLY TH YOU KNOW, THEY WERE OFFERING THESE HOTELS, BUT ONE OF THE CHALLENGES THEY WERE HAVING IS SOME PEOPLE WERE MOVING.

THEY WANTED TO STAY AND JUST, JUST HOLD ON.

BUT THEN SOME OF THEM WERE, AND THAT'S WHEN WE HAD THOSE 32 PEOPLE, BUT AS THEY SAW THAT IT WAS MORE INTENSE.

UM, THEY STARTED JUST TELLING PEOPLE THEY HAD TO RELOCATE, THEY HAD TO, AND THEY GOT THAT RELOCATION AGENCY INVOLVED, AND THIS WAS ALL DONE BY OUR RICA AND THAT AGENCY.

I, I WAS IN COMMUNICATION WITH THEIR, UH, I WANT TO SAY, SHE'S THE DIRECTOR FOR EUREKA OR AN AGENCY OF THEIRS.

UH, HER NAME'S JENNIFER GHANA.

AND SHE WAS ALWAYS, I MEAN, I HAD HER SPEED DIAL.

I COULD TALK TO HER, SHE WOULD CALL ME.

UM, SO WE WERE ALWAYS IN COMMUNICATION.

I WOULD TELL HER, GIVE ME AN UPDATE PLAN WHERE YOU'RE GOING.

AND THAT'S WHERE AS OF APRIL 19, UM, EIGHT ON THE APRIL 28TH AS APRIL 19, NOBODY WAS ON SITE.

EVERYTHING WAS BOARDED UP.

WHEN I WENT, I SAW THE SECURITY THERE AND THEY WERE CHECKING IN WHO WAS GOING.

AND, UM, THEY'RE DOING RE ROOF REPAIRS.

THERE WERE DUG THE GAS PEOPLE WERE THERE.

OTHER PAINTERS WERE THERE.

I SAW DIFFERENT CREWS WORKING.

UH, YES.

COMMISSIONER GREEN.

OKAY, THANK YOU.

GO AHEAD.

COMMISSIONER GREEN.

OH, YOU'RE MUTED.

CHAIRMAN WAS, UH, LIKE, UH, UH, KNOCKED OUT.

THIS SOUNDS LIKE A TOUGH TIME, A SUCCESS STORY.

UM, A, UH, OBVIOUSLY THEY HAD THE TENANTS.

THEY HAVE TO GET THEM HOT WATER.

THEY HAVE TO GIVE THEM GAS, BUT, UH, AND THAT WAS A PRETTY TOUGH TIME IN FEBRUARY.

AND, UH, I THINK, YOU KNOW, A RESPONSE LIKE THIS, WHERE THEY'RE, YOU KNOW, FEEDING PEOPLE, HELPING THEM GET ALTERNATIVE HOUSING.

UH, THAT'S PRETTY GOOD CONTINUITY RESPONSE FROM WHAT I'VE SEEN.

AND I JUST WANTED TO GET YOUR THOUGHTS ON THAT.

MY, MY COMMISSION AGREE.

YEAH, I KNOW.

UM, BRANDON WILL LOOK AT ME.

I CAN NEVER GET MY PERSONAL OPINION.

UM, SIR, I HAVE THE OTHER CASE ALSO.

UM, SO IT IT'S FEBRUARY WAS A TREMENDOUS MONTH.

UM, I THINK A LOT OF US WAS WITHOUT WATER WITHOUT ELECTRICITY, NOT JUST FOR ONE DAY, FOR DAYS.

UM, MY FAMILY HAD TO SUSTAIN TWO FAMILIES WITH WATER, UM, BECAUSE THEIR LINES WERE, WERE FROZEN.

SO IN THE MIDST OF THAT, WE'RE, WE'RE, WE'RE DEALING WITH THIS.

SO W THERE'S A HEART INVOLVED, BUT YOU ALSO SEE THE COMMUNITY COMING AROUND, YOU SEE AGENCIES GETTING INVOLVED TO ASSIST AND, AND THE OWNER STEPPING UP AND DOING EVERYTHING POSSIBLE FOR THEIR, FOR THEIR TENANTS.

BUT AT THE END OF THE DAY, I HAVE TO CITE WHAT IS A VIOLATION? THERE IS NO GAS, THERE IS NO HOT WATER.

AND, UM, I GOT TO BE AS NEUTRAL AS POSSIBLE AS YOU KNOW, UH, ANOTHER DAY I CAN TELL YOU, YEAH, I CONSIDER YOU A SUBJECT MATTER EXPERT.

AND, UH, UH, AND I ALSO UNDERSTAND THAT THE, YOU KNOW, THERE'S NO PERFECT WORLD THERE AND THAT'S A LANDLORD CHECK TO STEP UP AND GET THE, GET THE JOB DONE.

BUT, UH, UM, I THINK, YOU KNOW, POINTING OUT THE ELEMENTS OF HUMANITY'S IMPORTANT AS WELL.

SO I APPRECIATE THAT.

THANK YOU.

YES, SIR.

YES, SIR.

I, I HAVE TO BE AS NEUTRAL AS POSSIBLE, BUT ANOTHER DAY I CAN TELL YOU MY, MY, MY FEELINGS, BUT THIS IS WHAT IT IS.

I MEAN, WE, WE HAVE A VIOLATIONS THAT THEY'RE STILL THERE, NO GAS, NO HEAT, NO HOT WATER, BUT I WAS ON THE, ON THE GROUNDS, HAD TROOPS ON THE GROUNDS.

I INSPECTORS GOING TO THIS PROPERTY TO DOZENS OF PROPERTY THAT WERE AFFECTED BY THIS URI, AS WE KNOW IT WAS THROUGHOUT TEXAS.

UM, AND THERE WAS A LOT OF CASES AND WE'RE STILL DEALING WITH IT EVEN MONTHS LATER.

UM, AND, UM, IT'S JUST, IT'S, WE DO OUR JOB AND WE'RE TRYING TO GIVE THE BEST SERVICE WE CAN FOR OUR COMMUNITY.

AND THAT'S ONE OF THE THINGS I WAS GOING TO START AND SAY, THANK YOU FOR YOUR TIME, BECAUSE THIS IS A SPECIAL MEETING THAT WE'RE HERE ON TAKING TIME TO BE HERE.

WE WOULD BE NORMALLY ON A THIRD, WEDNESDAY OUT OF THE MONTH BEING HERE, BUT WE'RE HERE ON THIS SPECIAL CALL AND I WANT TO THANK EACH INDIVIDUALLY.

ALL OF YOU.

OKAY.

THANK YOU.

UH, YES, COMMISSIONER MILLER.

UM, I HAD ANOTHER QUESTION FOR MR. RODRIGUEZ AND, UM, THAT NOW THAT I AM FOCUSED ON THE CORRECT CASE, AND THAT IS, UH, ABOUT THE TIMEFRAME IN, UM, YOUR RECOMMENDED ORDER.

DO YOU FEEL THAT, I THINK IS IT 45

[01:05:01]

DAYS THAT YOU HAVE IN THERE FOR THEM TO DO THE REPAIRS BEFORE THE FINES KICK IN THAT IS STAFF'S RECOMMENDED ORDER? YES.

AND CAN YOU TELL US, DO YOU THINK THAT'S REALISTIC? I, I KNOW THAT THEY'RE CALLING FOR, UM, I'VE BEEN IN COMMUNICATION WITH THE PLUMBING, THE FARM CITY SITE DSD.

UM, THEY, THEY UNDERSTAND THAT THE BUILDING SITE, THE INSPECTOR CAN GO OUT THERE AND PASS A TEMPORARY GAS, BUT THEN TEXAS GAS HAS TO BRING THEIR CREWS, THEIR PEOPLE TO CHECK AND MAKE SURE THE PRESSURE IS HOLDING.

SO THERE'S ALL THESE LITTLE AS, AS, AS COMMISSIONER GREEN MENTIONED ALL THESE LITTLE THINGS THAT HAVE TO HAPPEN FOR THOSE LINES.

I HEARD OF A DATE.

I KNOW PAM DIDN'T WANT TO COMMIT.

I HEARD OF A DAY IN JUNE, BUT ANYTHING CAN HAPPEN.

UM, IF, IF THE CONTRACTOR, UM, HAS TO RELOCATE SOME LINES, I MEAN, WE DON'T KNOW, UH, I'VE BEEN SEEING HIM.

UH, I TOLD YOU I WAS THERE, I THINK LAST WEEK POSTING SOME OF THESE NOTICES AND THEY'VE BEEN ON THE GROUND WORKING.

SO I KNOW THEY WANT TO SHOOT A DATE AS SOON AS POSSIBLE.

UM, BUT I, AS, AS PAM SAID, UH, THEY HAVE ENOUGH, THEY HAVEN'T SET A DATE DEFENDANT LIGHT, BUT THEY'RE TRYING, I KNOW, HEY, THEY KIND OF MENTIONED A DATE OF JUNE 17, BUT AS GREENE HAS MENTIONED, ANYTHING CAN HAPPEN.

ANYTHING CAN HAPPEN.

OKAY.

THANK YOU, INSPECTOR RODRIGUEZ.

SO I'D LIKE TO REMIND THE COMMISSION THAT WE HAVE ANOTHER ITEM ON THE AGENDA WITH APPROXIMATELY 59 CASES ATTACHED TO IT.

YES.

COMMISSIONER GREEN.

I MOVED TO CLOSE THE HEARING AND THE, UH, THE STATS, UH, THE PROPOSED FINDINGS OF FACT CONCLUSIONS AND RECOMMENDED ORDER.

I SECOND THAT, OKAY, LET'S TALK ABOUT THAT.

UH, PUBLIC HEARING IS CLOSED AND, UH, MY FEELING IS 45 DAYS IS NOT QUITE ENOUGH TIME.

AND FROM EVERYTHING I'M HEARING, THIS ACTUALLY IS A SUCCESS STORY FROM THE WINTER STORM.

IF THERE IS SUCH A THING FROM THAT WINTER STORM, UM, I MEAN, IT APPEARS THAT THE PROPERTY OWNER IS ACTING IN GOOD FAITH, VERY GOOD FAITH, AND I'D BE MORE INCLINED TO GIVE THEM THE FULL 90 DAYS THAT WE CAN WITHOUT ASKING FOR FURTHER INFORMATION, UH, AND POSSIBLY EVEN LOOKING AT REDUCING THAT FINE.

I AGREE WITH THAT.

I DON'T WANT TO REDUCE THE FINE, BUT I WOULD LIKE TO GET A UPDATE AND, UH, YEAH, 30 OR 45 DAYS, WHATEVER WORKS ON YOUR SCHEDULE, MEANING IF WE WERE TO INCREASE THE TIME.

WELL, I'D GO OUT TO A 90 DAYS, BUT GET AN UPDATE.

SORRY, NEXT NEXT, MAYBE WE DO THAT.

WE CAN ASK FOR IT.

UM, I'M KIND OF HESITANT TO ADD ANYTHING TO OUR NEXT AGENDAS, CAUSE I THINK WE'RE GOING TO BE HEARING MORE CASES FROM THE WINTER STORM COMING UP, BUT THAT'S, THAT'S JUST ME, NOT NECESSARILY THE REST OF THE COMMISSION CHAIR THIS TONIGHT.

CAN I ADD, I'M SORRY, SOMEONE ELSE STARTED TALKING.

YES.

GO AHEAD.

MISS MISS ELLIE.

AND THEN WE'LL HEAR FROM YOU THIS MORNING.

SAY OUR NEXT MEETING IS MAY 26.

SO I THINK WE'RE TALKING ABOUT THE JUNE MEETING.

UM, JUST FOR CLARIFICATION, THE MAY MEETING HAS ALREADY THE NOTICES HAVE ALREADY GONE OUT.

SO ANYTHING THAT YOU WOULD CONTINUE FROM THIS MEETING WOULD GO ON THE JUNE MEETING.

OKAY.

THANK YOU.

UH, YES, COMMISSIONER MILLER.

SO, UM, I ALSO AM CONCERNED ABOUT WHETHER OR NOT THEY CAN ACTUALLY GET ALL THIS STUFF DONE IN 45 DAYS.

UM, BUT I WOULDN'T WANT TO, I GUESS IF, IF WE WERE GOING TO GIVE THEM MORE TIME, I'D WANT TO MAKE SURE THAT THE TENANTS WHO HAVE BEEN RELOCATED WOULD BE ABLE TO STILL BE RELOCATED WITHOUT PAYING RENT.

YOU KNOW, IF, IF THE REPAIRS ARE TAKING LONGER, I'M NOT SURE WHEN THEY'RE THREE MONTHS BEGAN, UH, YOU KNOW, WHEN THEY MOVED OUT, BUT, UM, I'D WANT THOSE THINGS TO BE CONNECTED.

SO IF, IF WE SAY, OKAY, WE'LL GIVE THEM MORE TIME BECAUSE WE THINK IT MIGHT TAKE LONGER.

I DON'T WANT PEOPLE TO END UP, UM, YOU KNOW, HAVING TO MOVE BACK IN OR NOT, NOT, YOU KNOW, NOT BEING ABLE TO AFFORD TO, UM, STAY AWAY WHILE THE WORK IS NOT YET DONE.

SO I DON'T BELIEVE WE HAVE ANY CONTROL OVER, UH, RENT RENTAL ASSISTANCE WITH THIS COMMISSION, BUT I DO HEAR IT.

THERE WAS AN AGREEMENT.

I MEAN, I KNOW THE TENANTS CAME TO AN AGREEMENT WITH EUREKA AND RIGHT, BUT THIS COMMISSION HAS NO

[01:10:01]

SAY OVER THAT AGREEMENT, BUT I DO HEAR YOU THAT YOU'RE CONCERNED THAT IF WE EXTEND THE TIMEFRAME, THEN THERE MIGHT BE LESS INCENTIVE PERHAPS FOR THE, FOR THE PROPERTY OWNER TO COMPLETE THE REPAIRS.

YEAH.

WELL, I'M JUST CONCERNED.

I MEAN, EVEN IF THEY'RE OPERATING IN GOOD FAITH, IT SOUNDS LIKE THINGS CAN HAPPEN OR THERE CAN BE CHALLENGES IN GETTING THE GAS COMPANY TO DO THEIR WORK, YOU KNOW, HAVE ALL THESE THINGS HAPPEN IN A TIMELY MANNER.

UM, I'M JUST, I DON'T KNOW.

MAYBE WE CAN'T DO ANYTHING ABOUT IT, BUT THAT'S JUST, MY CONCERN IS WE SHOULD BE THINKING ABOUT, WELL, PEOPLE LIVE IN SAFE CONDITIONS.

I JUST DON'T WANT THEM TO HAVE TO MOVE BACK BECAUSE THEIR RENT SUPPORT EXPIRED AND NOW THEY HAVE TO START PAYING RENT BACK THERE AGAIN.

AND IT'S NOT REALLY READY.

SO MAYBE WE ASK THEM FOR AN UPDATE AT THE NEXT MEETING AND WE SEE HOW THAT'S GOING.

UM, I DUNNO, I'M NOT SURE WHAT TO SUGGEST.

I GUESS I JUST HAVE THAT CONCERN.

WELL, WE CURRENTLY HAVE A MOTION ON THE TABLE TO ADOPT STAFF'S RECOMMENDED ORDER OF 45 DAYS, YOU KNOW? NO, NO OTHER REVISIONS TO THAT.

SO UNLESS WE EITHER AMEND THAT ORDER OR VOTE IT DOWN.

YES.

COMMISSIONER SEELIG, RIGHT? AMENDED MOTION.

THAT'S ON THE TABLE RIGHT NOW.

YES.

YOU COULD EXTEND THE TIMELINE TO 90 DAYS WITH AN UPDATE.

GIVEN IS THE JUNE MEETING, IS THAT ACCEPTABLE TO COMMISSIONER GREEN AND COMMISSIONER MILLER TO YOUR ORIGINAL MOTION? SO YEAH, 90 DAYS FROM NOW WOULD PUT US INTO AUGUST AND, UH, ACCORDING TO WHAT WE HEARD, EVERYONE HAD MOVED OUT BY MID APRIL.

SO THAT MEANS THAT SOME PEOPLE WOULD BE PAST THREE MONTHS BY AUGUST.

SO MAYBE, MAYBE WE COULD GO AS 60 DAYS.

WHAT DO YOU THINK COMMISSIONER SAILOR OR ANYONE ELSE? I GUESS I WOULD JUST WANT TO GIVE THE BENEFIT OF THE DOUBT AND THE, UP TO THE, UM, TO THE LANDLORD, TO THE OWNER OF THE PROPERTY, THAT THEY HAVEN'T BEEN ACTING IN, GOOD FAITH.

AND SOME OF THE, THE OBLIGATIONS THAT THE REMAINDER ARE BEYOND THEIR CONTROL.

THERE ARE SO MANY MOVING PARTS TO THIS.

AND AS LONG AS WE FIND OUT IN 30 DAYS THAT THEY ARE STILL PROCEEDING IN GOOD FAITH AS THEY HAPPEN.

AND THAT IT'S REALLY IN THEIR BEST INTEREST TO GET THIS THING FIXED BECAUSE THEN THEY CAN START GETTING RENT FOR RUBBING ME.

I MEAN, I DON'T THINK THEY'RE DONALD JUST BECAUSE THEY WANT TO HAVE THE RENTAL INCOME GAME.

I MEAN, I GUESS WE COULD JUST COMPROMISE THE, SAY SEVENTIES SPLIT THE MASH DOWN.

DO YOU THINK COMMISSIONER MILLER AND COMMISSIONER? UM, I'M JUST, I'M LOOKING AT THE CALENDAR TRYING TO FIGURE OUT HOW THAT IF, IF THEY WERE ALL OUT BY APRIL 19TH, JULY 19TH WOULD BE THROUGH WHEN THREE MONTHS WOULD BE UP.

HOW MANY DAYS IS THAT FROM NOW? THAT'S LIKE SIXTIES, PROBABLY.

THAT'S PRETTY CLOSE TO 75 ACTUALLY.

YEAH.

OKAY.

SO I'D BE OKAY WITH 75 THEN WHAT DO YOU THINK COMMISSIONER GREEN, WOULD YOU ACCEPT THAT FRIENDLY AMENDMENT? I THINK OF CURIOUS ABOUT GETTING A DONE AND RAN OVER OR RAN UNDER LEVERAGED, RIGHT? WE CAN.

OKAY.

UM, MR. CARR, DID WE DO THAT CORRECTLY? UM, ASSISTANT CITY ATTORNEY.

UM, THAT'S CORRECT.

UH, COMMISSIONER MUELLER AGREED TO A AMENDMENT.

I GUESS MY QUESTION IS, IS THE PART OF THE AMENDMENT STILL COMING BACK IN JUNE AND AS IF THAT TO STAFF PRESENTATION OR IF THAT'S THE PROPERTY OWNER COMING BACK, IF YOU COULD CLARIFY THAT EXCELLENT QUESTION.

SO, SO COMMISSIONERS SEE LIKE THE DIFFERENCE IS IF IT'S JUST A STAFF PRESENTATION, UM, YOU KNOW, WE GET THE INFORMATION, THE STAFF'S PERSPECTIVE ON WHAT'S GOING ON.

UH, BUT QUITE FRANKLY, THERE'S A LOT LESS PAPERWORK INVOLVED NOTICING DOESN'T HAVE TO BE DONE.

OKAY.

COMMISSIONER GREEN? UM, NOT, UH, MY, MY QUESTION WAS ANSWERED BECKY.

OKAY.

OKAY.

SO IF

[01:15:01]

THE THREE OF YOU WHO HAVE CRAFTED THIS MOTION ARE GOOD WITH THIS, THE QUESTION, I HOPE SOMEONE WROTE IT DOWN.

OKAY.

I WILL TRY AND RESTATE IT.

SO THE MOTION IS TO ADOPT STAFF'S RECOMMENDED ORDER, BUT REVISE WITH THE REVISION OF EXTENDING THE TIMEFRAME TO 75 DAYS, THE, UM, AND REQUESTING A STAFF UPDATE ON THE PROPERTY AT THE JUNE REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION, THE FINES WOULD STILL BE INCURRED IF ON THE 76TH DAY, THE REPAIRS ARE NOT COMPLETE.

OKAY.

SO LET ME GET MY ROLL CALL SHEET.

OH YES.

COMMISSIONER.

GREAT.

GO AHEAD.

DOES THE OWNER HAVE A OPPORTUNITY TO RESPOND TO STAFF, UH, IN 75, OUR, OUR NEXT MONTH, UH, WE WOULD NOT BE ASKING THE OWNER TO COME BACK FOR AN UPDATE, BUT I THINK WE WOULD PROBABLY HOPE THAT STAFF WOULD BE IN DISCUSSIONS WITH THE OWNER.

IS THAT A REASONABLE REQUEST? UM, INSPECTOR RODRIGUEZ.

OKAY.

OKAY.

I SAW SOMETHING'S UP.

YES, THAT IS TRUE.

OKAY.

THANKS.

ALL RIGHT.

I WILL GO AHEAD AND CALL THE QUESTION AND I'M GOING TO DO THIS THROUGH A ROLL CALL FOR THE RECORD, UH, COMMISSIONER ABILA.

UH, YAY.

YOU WERE IN FAVOR.

OKAY.

THANK YOU, COMMISSIONER THOMPSON.

YAY.

THANK YOU.

COMMISSIONER GREEN IN FAVOR.

OKAY.

THANK YOU, COMMISSIONER MILLER.

YAY.

THANK YOU, COMMISSIONER STOW.

STAD.

YES.

GREAT.

THANK YOU, COMMISSIONER SEELIG.

YES IN FAVOR.

THANK YOU.

AND I AM IN FAVOR AS WELL.

COMMISSIONER FREIBERGER.

SO THE MOTION PASSES UNANIMOUSLY.

UM, COPY OF THIS WILL BE MAILED OUT AND THANK YOU, MS. MADEIRA FOR COMING TO TALK WITH US AND THANK YOU, INSPECTOR RODRIGUEZ, MS. ALLIE.

YES.

OKAY.

ITEM NUMBER TWO, THE AGENDA.

AND COULD YOU SHOW THERE'S AN ITEM NUMBER TWO ON

[2. Case Numbers: Building 1: CL2021-059691; CL 2021-059692; CL 2021-059717; CL 2021-059738; CL 2021-060150; CL 2021-059751 and CL 2021-059742; Building 2: CL 2021-059970; CL 2021-060162 and CL 2021-059976; Building 3: CL 2021-061582 and CL 2021-059991; Building 4: CL 2021-060182; CL 2021-060184; CL 2021-062750 and CL 2021-060192; Building 5: CL 2021-060198 and CL 2021-060210; Building 6: CL 2021-060629; CL 2021-060216 and CL 2021-060222; Building 7: CL 2021-060227; CL 2021-060635; CL 2021-060299; CL 2021-062389; CL 2021-062382; CL 2021-060310 and CL 2021-060320; Building 8: CL 2021-062754; Building 10: CL 2021-062463; CL 2021-060639; CL 2021-062435; CL 2021-059739; CL 2021-060335; CL 2021-062398 and CL 2021-062402; Building 11: CL 2021-062407; CL 2021-061994 and CL 2021-059987; Building 12: CL 2021-060641and CL 2021-062438; Building 13: CL 2021-060642; CL 2021-060643; CL 2021-060005; CL 2021-060021; CL 2021-060646; CL 2021-062441; CL 2021-060647; CL 2021-060043 and CL 2021-060053; Building 14: CL 2021-060063 and CL 2021-060391; Building 15: CL 2021-060376; CL 2021-060221; CL 2021-060214; CL 2021-060072 and CL 2021-060161; and Building 16: CL 2021-060107; CL 2021-060649 and CL 2021-060117 Property address: 1071 Clayton Lane, aka Mueller Flats Apartments - Building 1, Units 112, 114, 115, 116, 119, 122 and 124; Building 2, Units 210, 217 and 224; Building 3, Units 325 and 334; Building 4, Units 405, 407, 408 and 417; Building 5, Units 505 and 507; Building 6, Units 622, 625 and 631; Building 7, Units 701, 702, 703, 704, 706, 709, and 711; Building 8, Unit 816; Building 10, Units 1007, 1010, 1012, 1013, 1019, 1021 and 1023; Building 11, Units 1107, 1108 and 1109; Building 12, Units 1212 and 1215; Building 13, Units 1304, 1308, 1309, 1311, 1314, 1315, 1316, 1319 and 1323; Building 14, Units 1401 and 1424; Building 15, Units 1514, 1516, 1518, 1519 and 1522; and Building 16, Units 1613, 1616 and 1617/ Owner: FBCC Citypoint LP Staff presenter: John Rodriguez, Austin Code Department Staff recommendation: Repair repeat offender program commercial multi-family structures]

THE AGENDA IS A COMMERCIAL MULTI-FAMILY PROPERTY LOCATED AT 10 71 CLAYTON DRIVE.

TONIGHT, WE WILL BE ADDRESSING 59 CASES FROM BUILDINGS, ONE THROUGH EIGHT AND 10 THROUGH 15.

THE CASE NUMBERS CAN BE VIEWED IN THE RECOMMENDED ORDER, AND RATHER THAN READ THEM OUT TO YOU INDIVIDUALLY, THEY ARE BEING DISPLAYED ON THE SCREEN, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE FOLDER.

THE GOOGLE DRIVE IN A FOLDER TITLED 10 71 CLAYTON DRIVE.

LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.

THIS IS A COMMERCIAL MULTIFAMILY PROPERTY WITH 16 BUILDINGS AND A TOTAL OF 384 UNITS.

THESE CASES WERE ESCALATED TO BSC FOLLOWING THE INCLEMENT WEATHER EVENT IN FEBRUARY, THESE STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR IN THE GOOGLE DRIVE FOLDER FOR EACH OF THE REFERENCE CASES, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF HEARING AND POSTINGS AND A STRUCTURAL MAP OF THE PROPERTY.

EVEN NUMBERED EXHIBITS TWO THROUGH ONE 20 ALSO CONTAIN THE COMPLAINTS IN CASE HISTORIES AND THE NOTICES OF VIOLATION ODD NUMBERED EXHIBITS THREE THROUGH ONE 21 D CONSIST OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.

AND LASTLY, THERE'S A SEPARATE DOCUMENT WITH CODES RECOMMENDED ORDERS BY BUILDING AUSTIN CODE INSPECTOR.

JOHN ROGER RODRIGUEZ IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.

INSPECTOR RODRIGUEZ.

PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS JOHN RODRIGUEZ.

I'M A CODE OFFICER WITH THE CITY OF AUSTIN AND ASSIGNED TO THIS CODE VIOLATION CASE.

I'M HERE TO DISCUSS THE CODE VIOLATIONS AT 10 71 CLAYTON LANE, UH, FEBRUARY 14TH, 2021 STATE OF TEXAS AND THE CITY OF AUSTIN OR IMPACTED BY THE WINTER STORM EVENT FOR SEVERAL INCHES OF SNOW FELL AND LEFT THOUSANDS OF PEOPLE WITHOUT WATER AND ELECTRICITY.

FOR SEVERAL DAYS, IT HAS BEEN ALMOST 90 DAYS SINCE THE HISTORIC WINTER STORM HAS PASSED, BUT WE STILL HAVE TENANTS AT 10 71 CLAYTON LANE LIVING IN SUBSTANDARD CONDITIONS AFTER THE WINTER STORM, THE CITY OF AUSTIN AND THE CODE DEPARTMENT ALLOWED A GRACE PERIOD OF TWO WEEKS FOR REPAIRS PARISH TO BE MADE WITHOUT A PROPERTY OWNER RECEIVING

[01:20:01]

A NOTICE OF VIOLATION.

AS LONG AS AN ACTION PLAN WAS SUBMITTED BY THE PROPERTY MANAGER OR THE OWNER WITH THE CODE DEPARTMENT ON FEBRUARY 23RD, THE CODE DEPARTMENT RECEIVED SEVERAL COMPLAINTS FROM TENANTS AT THE MUELLER FLATS APARTMENTS STATING THAT THEY WERE STILL WITHOUT HOT AND OR COLD WATER AND INSPECTION WAS PERFORMED BY RALPH JOHNSON, WHERE HE WAS ABLE TO VERIFY NO WATER AND SEVERAL BUILDINGS.

INSPECTOR JOHNSON ALSO VERIFIED AT THE TIME THAT MANAGEMENT HAD NOT SUBMITTED AN ACTION PLAN WITH THE CODE DEPARTMENT.

INSPECTOR JOHNSON SPOKE TO PROPERTY MANAGER, SEAN SHANNON, BEFORE LEAVING THE PROPERTY.

AND SEAN ADVISED HIM THAT HE WAS NOT THIS PERSON TO SPEAK WITH IN REGARDS TO UPDATES OR ACTION PLANS.

THEY NOTICED THE VIOLATION WAS SENT AFTER THIS INSPECTION FOR NO WATER SLASH HOT WATER ON MARCH 1ST, 2021, AFTER RECEIVING MULTIPLE COMPLAINTS FROM TENANTS AT THE MUELLER FLATS APARTMENTS, WE AGAIN ATTEMPTED CONTACT WITH MANAGEMENT, TRYING TO SEE EVEN ACTION PLAN UPDATE FOR REPAIRS AND TENANT ACCOMMODATIONS.

I WENT TO THE LEASING OFFICE AND SPOKE TO OFFICE ASSISTANT PATRICIA.

UM, SHE STATED THAT SHE WAS TOLD NOT TO SHARE ANY UPDATES WITH THE CODE DEPARTMENT AND WAS TOLD TO REFER ALL QUESTIONS TO SEAN SHANNON.

I LEFT MY CARD FOR SEAN AND WROTE ON THE BACK OF WHAT THE CODE DEPARTMENT WAS REQUESTING FOR AN ACTION PLAN.

UPDATE ONE, HOW MANY UNITS SLASH BUILDINGS ARE STILL WITHOUT HOT WATER TO WHAT ARE THE REPAIR OPTIONS SLASH TIMELINE? THREE, OUR TENANTS BEING OFFERED OTHER WATER OPTIONS.

PATRICIA STATED SHE WOULD HANDLE LIVER THIS TO SEAN.

THE NEXT DAY ON MARCH 2ND, I CALLED THE OFFICE OF MUELLER FLATS AND TRISHA STATED THAT SHE DELIVERED MY INFORMATION TO SEAN YESTERDAY, BUT DID NOT HAVE ANY OTHER INFORMATION ON MARCH 3RD WHEN I STILL HAD NOT RECEIVED ANY UPDATES.

I WENT BACK TO THE LEASING OFFICE TO SPEAK WITH THE MANAGEMENT.

I SPOKE TO BOTH MANAGERS, SEAN SHANNON, AND BETH FRIGHTENED, WHO STATED I NEEDED TO EMAIL BETH REQUESTING AN UPDATE BEFORE LEAVING THE PROPERTY.

I SENT THIS EMAIL TO YEP.

SHE REPLIED TO MY EMAIL STATING THAT YOU, THAT THEY WERE WORKING WITH CONTRACTORS TO MAKE REPAIRS, BUT SUPPLIES ARE LIMITED.

AND THEY ARE FLYING IN PARTS FROM AROUND THE COUNTRY.

SHE STATED IN THE EMAIL THAT THE CITY, THAT IT WAS THE CITY'S FAULT, THE PIPES FROZE BECAUSE WE HAD TURNED OFF THE WATER, THE POWER, EXCUSE ME, THAT THE COMPLEX FOR SEVERAL DAYS, SHE ADVISED THAT THEY WERE USING POOL WATER FOR THE TENANTS, LOVES THE TOILETS.

SHE STATED THAT THE TENANTS WERE ALSO BEING OFFERED ROOMS AT THE EMBASSY SUITES, WHERE THEY COULD GO GET WATER, USE THE RESTROOM AND SHOWER.

SHE THEN REQUESTED THAT I NOT GO BACK TO THE LEASING OFFICE ANYMORE BECAUSE TRISHA AND SEAN DID NOT HAVE ANY UPDATES.

AND I WAS TAKING THEM AWAY FROM THEIR JOBS.

UH, MARCH 13TH, 2021, JACQUELINE MANAGED TINDER AND MUELLER FLATS FORWARD ME AN EMAIL WITH THE LINK WHERE THEY COULD BOOK 30 MINUTE WINDOWS TO USE THE RESTROOM SHOWER AT THE EMBASSY SUITES, BUT STATED BECAUSE OF THE AMOUNT OF TENANTS NEEDING THE FACILITIES, THERE WERE NOT ENOUGH AVAILABLE SPOTS FOR EVERYBODY.

SHE WAS ALSO CONCERNED THAT WITH THE COVID-19 PANDEMIC STILL GOING ON, MANAGEMENT GAVE NO INDICATION HOW THE SHOWERS AND RESTROOM WOULD BE SANITIZED BETWEEN APPOINTMENTS ON MARCH 16TH, 2021.

THE CODE DEPARTMENT BEGAN GOING DOOR TO DOOR TO DOCUMENT AND PHOTOGRAPH THE VIOLATIONS THAT WERE PRESENT AT THE COMPLEX UPON INSPECTION OF VERIFIED MULTIPLE UNITS WITH NO RUNNING WATER OR HOT WATER.

WE VERIFIED MULTIPLE UNITS WITH THE DAMAGE, WITH DAMAGE TO THE SHEET, ROCK INSIDE THE UTILITY ROOMS, THE RESTROOMS IN THE BATH, IN THE BEDROOMS AND IN THE KITCHENS, THE DAMAGE INCLUDED MISSING SHEET ROCK, WHAT, ET CETERA, RATED SHEET, ROCK AND SHEET ROCK WITH THE BLACK MOLD LIKE SUBSTANCE PRESENT.

WE BEGAN SENDING NOTICES TO THE OWNER, FARMERS, EQUITY PARTNERS, LLC, AND THE REGISTERED AGENT FOR THE SUBSTANDARD CONDITIONS ON APRIL 7TH, THE CODE DEPARTMENT BEGAN TO POST A NOTICE OF VIOLATIONS TO THE UNITS WITH THE VIOLATIONS, PRESENT INSPECTORS, POSTED THE NOTICE OF VIOLATIONS TO THE FRONT DOOR OF THE UNITS, WITH BOTH COPIES FOR THE OWNER AND T CAT AND THE REGISTERED AGENT.

THE NOTICE THE NOTICES HAVE THE CASE NUMBER, THE UNIT NUMBER, THE DESCRIPTION OF THE VIOLATION REMEDY AND THE DATE THE UNIT WAS POSTED ON MAY 10TH.

WE BEGAN MAKING FOLLOW UP INSPECTIONS TO OBTAIN UPDATED PHOTOS FOR TONIGHT'S PRESENTATION.

SOME CONSTRUCTION WORK HAS BEEN COMPLETED TO THE SHEET ROCK AND REPAIRS TO THE HOT WATER BOILER SYSTEM.

HOWEVER, AS OF TODAY, THERE ARE CURRENTLY OVER A HUNDRED SEPARATE CODE VIOLATIONS OPEN AT THE PROPERTY, AND ONLY ONE TRADE PERMIT

[01:25:01]

HAS BEEN PULLED SINCE THE WINTER STORM OBTAINING AND FINALIZING TRADE PERMITS WITH THE DEVELOPMENT SERVICE DEPARTMENT IS A VERY IMPORTANT REQUIREMENT WHEN REPAIRS OR RENOVATIONS OCCUR AT A PROPERTY, IT ENSURES THAT THE CONTRACTOR OBTAINING THE PERMITS IS REGISTERED WITH THE CITY OF AUSTIN AND ALSO VALIDATES THAT THE CONSTRUCTION BEING PERFORMED IS OCCURRING AND I SAFE AND WORKMAN-LIKE MANNER.

THIS IS A CONTEXTUAL PHOTO OF THE LEASING OFFICE THEY'RE ENTERED.

SO YOU GET A FLAT SLIDE.

THIS IS A PHOTO OF THE UNIT NUMBERS, AND WE'LL BE GOING THROUGH, THIS IS AN OUTSIDE PHOTO OF THE UNIT NUMBER SHOWS A READING WITH NO HOT WATER AND IT SHOWS, UM, SHE ROBBED THAT HAS BEEN, YOU KNOW, UH, TORN OUT FOR EXPOSURE OF THE PLUMBING BEHIND THE WALLS IS UNIT A ONE 14 SHOWS DAMAGE ABOVE THE SHOWER.

UM, IN FIVE B FIVE CS SHOWS A BLACK MOLD LIKE SUBSTANCE AROUND THE WINDOW TO THE EXTERIOR PATIO AND FIVE D SHOWS THE UTILITY ROOM WHERE THE SHEET ROCK, UM, AS A DEMO, UM, TO LOCATE A POSSIBLE LEAK.

YOU DON'T WANT 15 SHOWS.

UH, THE CARPET HAS BEEN RIPPED OUT BY THE MANAGEMENT.

THIS IS UNIT ONE 16, AGAIN, SHOW SOME DAMAGE TO THE SHEET ROCK.

THE CARPET HAS BEEN REMOVED FROM THAT, FROM THAT UNIT, UH, NINE C SHOWS BLACK MOLD LIKE SUBSTANCE IN THE UTILITY ROOM OF THAT UNIT.

AND 90 SHOWS MISSING SHEET ROCK.

I BELIEVE THIS IS INSIDE THE BEDROOM.

THIS IS A 1100 A UNIT ONE 19 SHOWS A LEAKY, UH, P TRAP UNDERNEATH THE BELIEVE.

THIS IS A KITCHEN SINK.

EXCELLENT.

THIS IS UNIT ONE 22 A IT SHOWS THE DAMAGE FROM THE WINTER STORM, UH, 13 B SHOW.

AND AGAIN, THAT MANAGEMENT HAD REMOVED THE CARPET, SHOWS THE UTILITY ROOM WITH THE SHEET ROCK THAT'S BEEN DEMOED OUT AND 13 D AGAIN SHOWS, UM, THE BLACK MOLD LIKE SUBSTANCE BEHIND THE SHEET ROCK.

THAT'S BEEN EXPOSED SLIDE, PLEASE.

THIS IS UNIT ONE 24 SHOWS UP HOT WATER READING AS WELL AS, UH, SOME FEW BROCK THAT'S BEEN DEMOED, UH, IN THE BEDROOM SLIDE TOOK YOU THROUGH THE BUILDING TO PHOTOGRAPH 17 BS IN A TWO 10 C AT 17 C MADE AN INSPECTION WITH THE TENANT PRESIDENT PRESENT INSIDE THE, THE UNIT WITH THE CARPET THAT HAS BEEN REMOVED, UH, 17 D ALSO SHOW SOME SHEET ROCK DAMAGE TO THE CEILING, THAT UNIT EXCELLENT 19 A'S UNIT TWO 1719 B SHOWS THE SHEET ROCK THAT HAS BEEN DEMOED.

AND HERE'S A NEW SHEET.

ROCK HAS BEEN PLACED OVER TO HIDE THE EXPOSURE, UM, TO THE OUTSIDE UTILITY ROOM.

UM, 19 C SHOWS AGAIN, THE CARPET THAT HAS BEEN REMOVED 19 D SHOWS THE, UH, DEMOLITION OF THE SHEET ROCK INSIDE THE UTILITY ROOM.

THIS IS UNIT TWO 24 21 B SHOWS THE DAMAGE AGAIN, INSIDE THE, UH, SHEET ROCK TO EXCUSE ME TO THE SHEET ROCK INSIDE THE UTILITY ROOM.

UM,

[01:30:01]

ONLY ONE C SHOWS THAT THE CARPET WAS REMOVED AS WELL.

SO B EXHIBIT, UH, 23 EIGHT BUILDING THREE, SINCE UNIT THREE 25, THREE 20 C SHOWS THE WATER PRESSURE, UM, THAT WAS AFFECTED THROUGHOUT THE COMPLEX, UH, SHOWING THAT THEY, THEY STREAM FROM THE FAUCET IS, UH, VERY LOW.

THIS IS APARTMENT THREE, THREE, FOUR, AGAIN, SHOWING THE WATER PRESSURE ISSUE, UH, WITHIN THAT UNIT AND THAT BUILDING AS WELL.

THIS IS A CONTEXTUAL PHOTO OF BUILDING FOUR.

THIS IS A UNIT FOUR OH SEVEN, A 29 C SHOWS SOME POSSIBLE LEAKAGE UNDERNEATH THE KITCHEN SINK LEAVE THAT THIS UNIT WAS WRITTEN UP FOR, UH, 2090 SHOWS.

I BELIEVE IT WAS, UH, INSURANCE, UH, FROM THE, FROM THE COMPLEX WHO PAYMENT MARK, UH, FOR THE DAMAGE WAS OCCURRING.

AND 29 C SHOWS A TEMPERATURE REASON FOR THE WATER.

THAT WAS, UM, 72.

NEXT SLIDE.

I BELIEVE THIS IS THE SAME UNIT SHOWING, UM, DAMAGE, UH, TO 29 G SHOWS A HOLE IN THE WALL UNDERNEATH THE SINK AND 29 H SOWS THAT THE, UM, DRAINAGE WAS BACKED UP AND NOT ALLOWING, UM, WATER AND FOOD TO GO DOWN TO DRINK CORRECTLY.

SLIDE SIX, UNIT FOUR OH EIGHT, SHOWING A TEMPERATURE READING, UH, FOR NO HOT WATER.

SO AS A UNIT, UH, FOUR 17 SHOWING LOW WATER PRESSURE AND 33 B SHOWING A BLACK LIGHT MOLD SUBSTANCE OVER THE WINDOW AND 33 SEAT AND, UH, A NO HOT WATER READING AND, UH, 33 D SAY A DIGITAL PHOTO OF BUILDING FIVE.

THIS IS A READING FOR NO HOT WATER AT THE TIME OF THE INSPECTION.

NEXT SLIDE.

THIS IS UNIT FIVE OH SEVEN RATING FOR A NO HOT WATER SLIDE, PLEASE.

IS THAT A CONTEXTUAL PHOTO OF BUILDING SIX? THIS IS B UNIT SIX 2239 C SHOWS A READING FOR, UH, NO HOT WATER IN THIS UNIT.

SO SAYS UNIT SIX 25 AND SEE THERE, UM, THE NOTICE OF VIOLATION POSTED TO THE DOOR 41 B SHOWS THAT THE, UH, KITCHEN SINK FAUCET WAS DAMAGED, UNABLE TO USE WATER, UH, FROM THAT, FROM THAT FAUCET AND SOME SHEET ROCK DAMAGE TO THE RESTROOM, I BELIEVE IN 41 C NEXT SLIDE, PLEASE, TO BE B UNIT OF SIX 31.

AGAIN, YOU CAN SEE THE NOTICE OF VIOLATION POSTED, UH, FOR THE FRONT DOOR CLIP.

I BELIEVE THIS UNIT HAS ISSUES WITH THE, UH, STOVE, UH, MECHANICAL ISSUES WITH THE STOVE, AND I BELIEVE A BOG, UH, KITCHEN SINK AT 43 EIGHT.

NEXT SLIDE, PLEASE.

AGAIN, THIS IS SHOWING THE WATER PRESSURE SHOWING THAT IT'S LOW

[01:35:23]

SUZE UNIT SEVEN OH ONE SHOWING THE NOTICE OF VIOLATION POSTED AND SHOWS THE 45.

SEE THE DAMAGE TO THE UTILITY ROOM, WHERE THE SHEET ROCK WAS DEMOED.

YOU CAN SEE ALONG THE SIDE, THE PARTS THAT WERE NOT DEMOED, THE BLACKLIGHT MOZART SUBSTANCE PRESENT.

THIS IS UNIT SEVEN OH TWO SHOWS THE NOTICE OF VIOLATION POSTED STILL PRESENT.

THIS IS DAMAGE IN 47 B AGAIN TO THE UTILITY ROOM, SHOWING THE SHEET WRAPPED, DEMOED BLACK, BLACK MOLD SUBSTANCE THROUGHOUT THAT ROOM, AS WELL AS IN 47 C AND A IT'S LIKE A WATER LINE THAT WAS NOT CONNECTED CORRECTLY IN 40, 70, IT'S LIKE UNIT SEVEN OH THREE, THE KNOWN AS POSTED AT THE DOOR, UH, SHOWING ALSO, UH, AGAIN, DAMAGE TO THE SHEET ROCK AND 49 B UH, THE DEMOLITION THAT WAS PERFORMED, UH, EXPOSING THE WATER LINES.

THIS IS UNIT SEVEN OH FOUR AND 51 B.

THIS WILL SHOW THE, AGAIN, DAMAGE IN THE UTILITY ROOM, MISSING SHEET ROCK AND EXPOSED PIPES.

THIS IS A UNIT SEVEN OH NINE 55 B SHOWS DAMAGE TO THE SHEET ROCK OR REMOVE SHEET ROCK AND SPELLS WATER LINES.

AND THE UTILITY ROOM X SIDE SAYS UNIT SEVEN, 1157 EIGHT SHOWS THE NOTICE OF VIOLATION POSTED 57 B CHOSE THE SHEET ROCK THAT WAS DEMOED AND THE EXPOSURE TO THE WATER LINES BEHIND THAT SLIDE.

CONTEXTUAL PHOTO OF BUILDING EIGHT SAYS BUILDING ONE SIX, OR EXCUSE ME, EIGHT 16 SHOWING THE NOTICE POSTED TO THE DOOR, UH, SHOWING NO WATER AT ALL FROM THE KITCHEN SINK.

I BELIEVE 59 D IS POSSIBLE, UH, DAMAGE TO THE, TO THE CEILING FAN.

AND, UH, 59 EVE SHOWS, UH, DAMAGE TO THE FRONT DOOR LOCKING SYSTEM SIDE, PLEASE.

59 F SHOWS, UH, DAMAGED SHEET ROCK AND THE RESTROOM ABOVE THE SHOWER.

59 G EXCUSE ME, 59 G SHOWING THE, UH, WASHER.

I'M ASSUMING THAT THE INSPECTOR IN THIS VIOLATION VERIFIED THAT THERE IS AN ISSUE WITH THAT AS WELL AS THE STOVE AND DAMAGE TO THE SHEET ROUTE, OR EXCUSE ME, A CARPET IN THE MASTER BEDROOM.

IT SAYS 59 J SHOWS THE DEMOLITION TO THE SHEET ROCK AND THE RESTROOM, UM, EXPOSING THE WATER LINES, WASTEWATER LINES BEHIND THE WALLS AS WELL.

UM, 59 K SHOWS A HOT WATER READING IN THE RESTROOM AND 59 L UH, ISSUES WITH THE, UH, BACK DOOR OR THE PATIO DOOR.

EXCUSE ME.

SO CONTEXTUAL PHOTO OF BUILDING 10 61 B SHOWING THE UNIT 61 CS SHOW IN A UPDATED

[01:40:01]

READING FOR NO HOT WATER, 61 D AND WHEN DAMAGE TO THE BEDROOM AND 61 E SHOWING A BLACK MOLD LIFE SUBSTANCE PRESENT IN THE UTILITY ROOM.

UH, THIS IS AGAIN SHOWING THE SHEET ROCK DAMAGE INSIDE THE BEDROOM AND THAT SAME UNIT.

THIS IS UNIT 10, 10 63.

B'S SHOWING NO HOT WATER, 63 C SHOWING THE CONDITIONS OF THE BEDROOM WHERE THE SHEEP, UH, EXCUSE ME.

THE CARPET HAS BEEN REMOVED AND 60 3D SHOWING THE PEELING AND FLAKING ON THE SHOWER WALLS SLIDE 63 E SHOWING DAMAGE TO THE RESTROOM DOOR JAM.

63 HALF SHOWING LOOKS LIKE A HOLE IN THE, IN THE CEILING, UH, WITH SOME MOLD LIGHT SUBSTANCE PRESENT AROUND IT AND 60 3G SHOWING THE SATURATED SHEET ROCK IN THE, UH, BEDROOM AREA, SLIDE 10, 12, A UNIT 10, 12 IN GETTING A READING FOR NO HOT WATER SLIDE SAYS UNIT, UH, 10 13 SKILLS, UH, FOR VIOLATION OF NO HOT WATER AT THE KITCHEN SINK, UH, DAMAGE TO THE SHEET ROCK AND THE RESTROOM, UM, BELOW THE TOILET AND DAMAGE TO THE CEILING ABOVE THE SHOWER, UH, WHERE THE SHEET ROCK HAS BEEN DEMOED SLIDE 63, SHOWING THAT THE CARPET HAS BEEN REMOVED.

THIS IS UNIT 10, 19.

THIS IS A READING FOR NO HOT WATER.

SO I SAYS, UNIT 10 21 NOTICE VIOLATION POSTED AT THE DOOR AND A RATING FOR NO HOT WATER AT 71 B SLIDE SAYS UNIT 10 23, SHOWING THE NOTICE POSTED TO THE DOOR AND IN 73 B A READING FOR NO HOT WATER, THEY CONTEXTUAL PHOTO OF, EXCUSE ME.

THIS IS UNIT 1107 SHOWING THE NOTICE POSTED 75 CS SHOWING THE LOW WATER PRESSURE AND 75 B SHOWING THE DEMOLITION TO THE, UH, SHEET ROCK IN THE UTILITY ROOM.

75 E I BELIEVE IS THE BEDROOM WALL, UM, UH, POSSIBLY, UM, MEETS UP WITH THE EXTERIOR UTILITY ROOM SLIDE.

THIS IS UNIT 1108 SHOWS THE DAMAGE TO THE SHEET ROCK THAT WAS DEMOED IN THE UTILITY ROOM WITH THE SHEET ROCK AND PIPES THERE SHOWN EXPOSED IS UNIT 1109.

THIS AGAIN, SHOWS DAMAGE TO THE SHEET ROCK THAT WAS DEMOED IN THE UTILITY ROOM, 79 C I GUESS, UH, ANOTHER PHOTO, UM, SHOWING HOW THE DEMO WAS PERFORMED AND, UM, THE CONDITION IT WAS IN AT THE TIME OF THE INSPECTION SUZANNE CONTEXTUAL PHOTO OF, UH, BUILDING 12.

THIS IS UNIT 12, 12 SHOWING THE NOTICE POSTED AS WELL AS, UM, 81 C WAS SHOWING A GAP IN THE WALL AND THE, UM, FAUCET FOR THE SHOWER, 81 D I BELIEVE SHELLS THAT THERE WAS A POSSIBLE NO WATER IN THE, IN THE RESTROOM SLIDE

[01:45:01]

SAYS UNIT 25, EXCUSE ME, 1215 SHOWING A READING FOR NO HOT WATER AND THE BATHROOM SLIDE THAT YOU NEED THROUGH, UH, BUILDING 13.

SO THE, UH, UNIT 1304 85 C SHOWS THE DAMAGE TO THE SHEET ROCK IN THE UTILITY ROOM, UNIT 1308, UH, SHOWING THE NOTICE POSTED, UH, THIRD, UH, 87 B SHOWS THE MISSING SHEET ROCK AND THE INSTALLATION, UM, THAT WAS, UH, SCATTERED ON THE FLOOR AND DAMAGE TO THE, UH, UTILITY ROOM DOOR ON THE PATIO ON 87 C.

SO IT'S A UNIT 1309 89 B SHOWING DAMAGE AGAIN TO THE UTILITY ROOM, UH, SHOWING THE DEMOLITION TO THE SHEET ROCK.

AND THAT UNIT IS UNIT 13, 1191 B SHOWING THE CEILING AS WELL AS THE WALL, UH, WITH MISSING SHEET ROCK, MISSING INSULATION AND EXPOSED PIPES AND 91 C AS A PHOTO OF THE GROUND, SHOWING THAT THE INSTALLATION WAS DEMOED, UH, SCATTERED AND, UH, EXPOSED PIPES LEFT THAT THIS IS UNIT 13, 1595 B SHOWING DAMAGE TO THE SHEET ROCK AND THE UTILITY ROOM AND 95.

C'S SHOWING A READING FOR NO HOT WATER.

THIS IS UNIT 1316 SHOWING THE NOTICE POSTED ON THE DOOR AND, UM, LOW WATER PRESSURE AT THE, UH, LOW, HOT WATER WATER PRESSURE AT THE, UH, BATHROOM SINK AND 95 97 C SHOWING DAMAGE TO THE UTILITY ROOM SHEET ROCK, UM, WHEREAS BEEN DEMOED AND EXPOSED 1319.

THIS IS SHOWING DAMAGE TO THE CEILING AS WELL AS THE WALL.

AND YOU CAN SEE THE CONDITION OF THE SHEET ROCK, UH, THE WAY THAT IT WAS LEFT, UM, AFTER THE INITIAL, UH, DEMOLITION TO TRY TO FIND A WATER LEAK.

NEXT SLIDE IS UNIT 1323 SHOWING, UM, EXPOSED PIPING AND SHEET ROCK DAMAGE THAT WAS LEFT, UH, AFTER THE DEMOLITION TO LOCATE A WATER LEAK IN ONE OH ONE B.

NEXT SLIDE SAYS YOU, OH, EXCUSE ME.

THIS IS UNIT 1401, ONE OH THREE C SHOWS DAMAGE TO THE, UH, INTERIOR WALLS.

THEY, UH, BLACK SUBSTANCE PRESENT ON THE SHEET ROCK AND THREE OH THREE OR EXCUSE ME, ONE OH THREE D SHOWS THE CONDITION OF THE RESTROOM WITH A BLACK BALLED LIGHT SUBSTANCE PRESENT, UH, THROUGHOUT THAT RESTROOM.

THIS SAYS UNIT 1424, FIVE OH ONE OH FIVE B SHOWING DAMAGE TO THE SHEET ROCK AND THE UTILITY ROOM, UH, EXPOSED PIPING SLIDE IS THAT CONTEXTUAL PHOTO OF BUILDING 15.

THIS IS A UNIT 15, 14, UH, ONE OH SEVEN C SHOWING A MISSING, UM, SMOKE ALARM.

170 JOE IN A HOT WATER READING WITH NO HOT WATER, YOU KNOW, 15, 16, ONE OH NINE B SHOWING A READING FOR HOT WATER AND ADEQUATE HOT WATER, LOW WATER PRESSURE, AND ONE NINE C AND, UH, SATURATED FLOORING.

AND THEN 190.

[01:50:01]

THIS IS, UH, YOU KNOW, 15, 18 ONE 11, EXCUSE ME, ONE 11 B SHOWING A READING FOR NO HOT WATER SIDE UNIT 1519 ONE 13, BE SHOWING A READING FOR NO HOT WATER.

13TH, ONE 13 C SHOWS, UH, THE SHEET ROCK THAT HAS BEEN REMOVED IN THE BEDROOM.

AND, UH, ONE 13, THE SHOWING, UH, I BELIEVE THIS IS A CLOSET INSIDE THE, UH, MASTER CLOSET, 13 E ONE 13 E SHOWING DAMAGE TO THE RESTROOM, UM, MISSING SHEET, ROCK AND TILE OF THE TUB AND BEHIND THE TOILET.

AND I BELIEVE, UH, AN ISSUE WITH THE CEILING FAN AND ONE 13 F SAYS, UNIT 1522 ON ONE 15 B UH, SHOWING THERE'S NO, UM, UH, WOULD A TOP PLATE FOR THE, FOR THE TOILET ON 15 C SHOWING NO WATER OR EXCUSE ME, UH, LOW WATER PRESSURE AND NO HOT WATER, 15, 13 D I BELIEVE IN ISSUE WITH THE SMOKE ALARM.

IT'S FINE.

UH, THIS IS A, UH, MISSING, PLAYED FOR THE ELECTRICAL LIGHTS, WHICH IS ONE 15 EIGHT.

OKAY.

BUILDING 16, 16, 13 ON 17.

SEE, SHOWS THAT READING FOR NO HOT WATER, ONE 17 D A VIOLATION FOR, UM, MECHANICAL APPLIANCES AND ONE 17 E A, UM, CEILING FAN.

THAT'S NOT WORKING CORRECTLY.

SLIDE 13, EXCUSE ME, ONE 17 F JOANNE, LOW WATER PRESSURE, HOT WATER PRESSURE IN THE BATHROOM.

ONE 17 G JOE AND DEMOLITION TO THE SHEET ROCK AND THE UTILITY ROOM WILL BE EXPOSED.

SO THIS SAYS UNIT 16, 16, ONE 19, BE SHOWING THE DEMOLITION TO THE SHEET ROCK AND THE UTILITY.

YOUR SLIDE SAYS UNIT ON 16, 17 LOOKS AS A ONE 21 B SHOWING AN ISSUE WITH THE LOCKS FOR THE DOOR ON 21 C NO, IN DAMAGE TO THE, UH, SHEET WRAPPED IN THE UTILITY ROOM.

AND, UM, ONE 21 D SHOWING A, UH, ELECTRICAL SOCKET.

THAT'S NOT PROVIDING, UM, IT'S NOT WORKING, SORRY.

OKAY.

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

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH ONE 21 D CONSISTING OF ALL EVEN NUMBERED EXHIBITS, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND ODD NUMBERED EXHIBITS, WHICH ARE PHOTOGRAPHS OF THE PROPERTY.

AND THE VIOLATIONS.

ALSO CHAIR.

BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST SINCE THE LANGUAGE IS IDENTICAL IN EACH OF THE RECOMMENDED ORDERS, PLEASE ALLOW ME TO READ IT ONCE WITH THE UNDERSTANDING THAT WE'RE REQUESTING SEPARATE ORDERS BE ISSUED BY BUILDING YES, THAT'S ACCEPTABLE STAFF, ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL REFERENCE CASES IN ORDER THE FOLLOWING FOR BUILDINGS, ONE THROUGH EIGHT AND 10 THROUGH 16, ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO

[01:55:01]

VERIFY COMPLIANCE AND FOUR ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK FOR EACH BUILDING 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.

THANK YOU, MS. SALLY.

UH, SO I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE THROUGH NUMBER 121 D.

AND, UM, I SHOULD HAVE CHECKED BEFORE I APOLOGIZE.

UM, I'M HOPING WE HAVE TWO REPRESENTATIVES FOR THE PROPERTY ON THE LINE, AND, UH, I ALSO WANT TO DIRECT THE COMMISSION'S ATTENTION TO SOME PROPERTY OWNERS, EXHIBITS, WHICH ARE AVAILABLE ON OUR READERS.

I WILL ADMIT THOSE AFTER WE HEAR FROM THE PROPERTY REPRESENTATIVES.

SO DO WE HAVE KEVIN TO ROUSE US AND CARRIE CAREER ON THE LINE? YES, MA'AM.

THIS IS KEVIN AND I KNOW CARRIE CAREERS I'M ON THE LINE AS WELL.

OKAY.

IF YOU WOULD LIKE TO GO AHEAD AND PROCEED, THANK YOU SO MUCH.

AND THANK YOU COMMISSIONERS FOR ALLOWING US TO SPEAK TONIGHT.

I KNOW WE ONLY HAVE A LIMITED AMOUNT OF TIME AND WE DON'T HAVE THE CAPABILITY OF ACTUALLY PRESENTING YOU WITH THE PICTURES AND OTHER THINGS THAT WE MIGHT WANT TO TODAY, BUT I WOULD DIRECT THE COMMISSIONERS FIRST TO, UH, THERE IS A FOLDER THAT WE PROVIDED IN A DROPBOX THAT ENTITLED, UH, JE HELD ESTIMATE OF DAMAGE, AND IT'S ACTUALLY JS HELD, BUT IN THERE YOU'LL FIND FIVE DOCUMENTS THAT SHOW WHAT WAS IN TERMS OF AN ESTIMATOR, A THIRD-PARTY ESTIMATOR THAT WENT OUT.

AND AS YOU'VE HEARD BEFORE THIS TROPICAL STORM, OR, SORRY, THIS THIS WINTER STORM, EXCUSE ME, URI CAUSED IMMEASURABLE DAMAGE TO AUSTIN.

AND IT WASN'T JUST THE STORM ITSELF.

IT WAS ACTUALLY SOME OF THE DECISIONS THAT WERE MADE TO SHUT OFF POWER.

AND, AND IN SOME WAYS, IN SOME OF THOSE MIGHT'VE BEEN UNDERSTANDABLE, BUT THIS WAS IN THIS PROPERTY WAS FOR GATE.

AND WHAT'S HAPPENED DURING THAT TIME WAS THAT THIS PROPERTY LOST BOTH ITS BOILERS HAD PROBABLY HUNDREDS OF DIFFERENT PIPES THAT BURST IN DIFFERENT AREAS AND HAD INNUMERABLE AMOUNTS OF DAMAGE TO OVER 200 APARTMENTS OF THE 384 UNITS OVER HAVE EXPERIENCED TREMENDOUS DAMAGE.

SINCE THAT TIME, THE PROPERTY OWNER HAS DONE AMPLE REPAIRS THROUGHOUT THE PROPERTY.

AND YOU CAN SEE AS THE INSPECTOR NOTED IS THAT MANY OF THE ISSUES THAT WERE HAPPENING IN A LOT OF THE PICTURES THAT YOU SAW WORK FROM MARCH, MANY OF THE ISSUES HAVE BEEN REMEDIED IN THE PROPERTY OWNER HAS SPENT OVER $500,000 TO REPAIR THE PROPERTY ALREADY.

AND ACTUALLY IT'S BEEN OVER 600,000 WITH THIS WEEK BEING ANOTHER A HUNDRED AND THOUSAND THAT HAS BEEN SPENT TO REPAIRS.

THAT ALSO INCLUDES SOME OF THOSE AMOUNTS.

YOU'LL FIND IN A SECOND FOLDER, THERE IS A DOCUMENT RELATED TO INVOICES, AND WE HAVE A DETAILED IT'S CALLED THE MUELLER PLATS INVOICES.

AND IN THAT FOLDER, THERE ARE APPROXIMATELY 136 OR 37 DOCUMENTS, 136 OF WHICH ARE INVOICES OF AMOUNTS THAT HAVE BEEN SPENT OR WILL BE SPENT RELATED TO THIS PROPERTY AND ITS REPAIRS.

AND THERE IS A SUMMARY EXCEL SHEET IN THERE.

AND IN THAT EXCEL SHEET, IT WOULD DIRECT THE COMMISSIONER'S ATTENTION.

I DON'T KNOW IF YOU CAN SEE IT RIGHT NOW OR NOT.

SO THERE'S A SECOND TAB THAT IS ENTITLED MSC PD INV.

SO MISCELLANEOUS PAID INVOICES.

AND YOU'LL SEE IN THERE, THERE ARE NUMEROUS AMOUNTS FOR SUCH THINGS AS HOTEL ROOMS, WHICH YOU HEARD ABOUT IN TERMS OF ALLOWING TENANTS FOR OVER A TWO WEEK PERIOD TO GET SHOWERS AND OTHER SORTS OF NEEDS FROM THAT WHEN THEY ARE WITHOUT WATER, THERE'S ALSO NUMEROUS CHARGES FOR THINGS LIKE INSTALLING THE NEW BOILERS FOR REPAIRING LEAKS IN UNITS FOR REMOVING DRY WALL.

AND AS YOU SAW WITH A LOT OF THOSE PICTURES, SOME OF THEM ARE THE DRYWALL HAS BEEN REMOVED, UH, IN ORDER TO STOP LEAKS IN ORDER TO PREVENT FURTHER WATER DAMAGE.

AND THERE IS ABSOLUTELY AN ACTION PLAN THAT IS IN PLACE IN TERMS OF TRYING TO GO IN THERE AND REPAIR EACH AND EVERY ONE OF THOSE ISSUES.

CURRENTLY THERE'S 30 TO 40 REPAIR PEOPLE ONSITE EVERY DAY, TRYING TO REPAIR THESE ISSUES.

[02:00:01]

I'M SORRY, DID SOMEONE.

AND SO IN TERMS OF ELLS, I ALSO WANT TO TOUCH ON VERY QUICKLY THAT IN TERMS OF THE PERMITTING ISSUE.

SO, UH, OUR, OUR DIFFERENT REPRESENTATIVES HAVE ATTEMPTED TO GET NUMEROUS PERMITS ON THIS PROPERTY, BUT I'VE ACTUALLY BEEN TOLD BY THE CITY THAT THEY DO NOT REQUIRE PERMITS FOR THESE FIXES.

ONLY THE VERY LARGE FIXES SUCH AS MAIN WATER LINES OF A LARGE EXTENT WOULD REQUIRE PERMITS.

AND SO WE HAVE GONE AND THERE'S IN FACT THAT PLUMBER HAS APPLIED FOR OVER 15 DIFFERENT PERMITS, UH, FOR LEAK REPAIRS AND WAS DENIED THE APPLICATION BECAUSE THE CITY TOLD THEM THAT NO PERMITS WERE NEEDED.

AND SO THERE HAS BEEN MULTIPLE ATTEMPTS TO TRY TO GET PERMITS HERE.

WHAT WE HAVE IS A SITUATION THAT IS LIKELY, I KNOW THERE'S A QUESTIONS FROM THE COMMISSIONER EARLIER ABOUT WHEN WE THINK ALL THESE REPAIRS CAN BE DONE.

AND WHEN THE, WHEN THIS OVERALL CAN BE FIXED IN THE ANSWER IS, IS LIKELY DECEMBER.

THERE'S JUST SO MANY REPAIRS.

THERE'S SO MUCH EXTENSIVE DAMAGE THAT'S GOING ON.

AND THERE'S HUNDREDS OF THOUSANDS OF DOLLARS THAT ARE BEING SPENT TO TRY TO REPAIR THIS.

AND WE HAVE TO COMPLY WITH THE FAIR HOUSING REQUIREMENTS IS SUCH THAT WE CAN'T PRIORITIZE ONE TENANT OVER ANOTHER WITHOUT VIOLATING THOSE FAIR HOUSING LAW.

ALSO, I WOULD LIKE TO POINT OUT, AND THIS IS NOT STOPPING US FROM DOING THESE REPAIRS, BUT THERE'S ANOTHER DOCUMENTS IN THE DROPBOX.

AND THAT IS THE PROPERTY CODE SECTION 92.054.

AND IT TALKS ABOUT CASUALTY LOSSES HERE.

I'M SORRY.

UH, AND SO IN TERMS OF CASUALTY LOSSES, THIS IS ABSOLUTELY A CASUALTY LOSS.

THE OWNER HAS SUBMITTED TO ITS INSURANCE HAS RECEIVED NO MONEY FROM THE INSURANCE AND UNDER PROVISION A AND I'M JUST GOING TO READ, IT SAYS IF A CONDITION RESULTS FROM AN INSURED CASUALTY LOSS, SUCH AS FIRE SMOKE, HALE EXPLOSION OR A SIMILAR CAUSE THE PERIOD FOR REPAIR DOES NOT BEGIN UNTIL THE LANDLORD RECEIVES THE INSURANCE PROCEEDS.

AGAIN, THIS IS NOT SOMETHING THAT IS GOING TO STOP THE OWNER FROM MAKING REPAIRS ON THIS PROPERTY.

WE WANT TO DO EVERYTHING WE CAN TO FIX THE SITUATION.

HOWEVER, IT IS UNDER THE PROPERTY CODE THAT THESE REPAIRS AREN'T EVEN REQUIRED YET, AND WE'RE DOING, BUT WE ARE SPENDING OUR TIME AND MONEY TO TRY TO MAKE THIS HAPPEN.

AND SO WE WOULD, WHAT WE WOULD ASK FOR IS, UH, THE ABILITY TO MAKE THESE REPAIRS.

WE WOULD ASK FOR THE ABILITY TO HAVE A SINGLE POINT OF CONTACT WITH THE COMMISSION IN ORDER TO CONTINUE TO ENSURE THAT THERE IS PROPER COMMUNICATIONS AND THAT WE'D BE ALLOWED TO, UH, TO MOVE FORWARD WITH THIS PROJECT IN THE BEST WAY THAT WE CAN WITH AS MANY RESOURCES THAT WE CAN BEAR TO PUT ON THE PROPERTY.

OKAY.

THANK YOU, MR. TORRES.

AND, UH, WOULD CARRIE CREER ALSO LIKE TO SAY SOMETHING RIGHT NOW.

NO, I'LL LET KEVIN STATEMENTS AND WE'LL.

THANK YOU.

OKAY.

THANK YOU.

UM, I WILL GO AHEAD AND ADMIT THE PROPERTY OWNERS EXHIBITS.

NUMBER ONE THROUGH EIGHT IS ACTUALLY WHAT WE HAVE AVAILABLE TO US IN OUR READER.

AND, UM, I WOULD LIKE TO BEGIN WITH A FEW QUESTIONS FOR INSPECTOR RODRIGUEZ.

SO HOW MANY, SO I UNDERSTAND THERE ARE 384 DWELLING UNITS ON THIS PROPERTY.

WE'VE HEARD FROM THE PROPERTY OWNER THAT APPROXIMATELY 50% OR EVEN MORE WERE DAMAGED IN THE STORM.

HOW MANY OF THE DWELLING UNITS, UH, WERE YOU ABLE TO VISIT AS CODE INSPECTOR? THERE WERE MULTIPLE, UH, DIFFERENT INSPECTORS ON SITE, UM, TO PERFORM INSPECTIONS, BUILDING BY BUILDING.

UM, I BELIEVE WE HAVE A TOTAL OF ABOUT 117 DIFFERENT UNITS THROUGHOUT THAT PROPERTY.

WERE YOU ACTUALLY ABLE TO GET INSIDE EVERY SINGLE UNIT OR WERE YOU ONLY ABLE TO VISIT, YOU KNOW, SOMETHING LIKE 117, WE WERE ONLY ABLE TO VISIT, UM, A HUNDRED ABOUT 117 UNITS.

[02:05:02]

OKAY.

WHAT I'M TRYING TO GET A FEEL FOR IS HOW MANY, YOU KNOW, DOES THAT SOUND RIGHT? THAT ABOUT HALF OF THE UNITS OR MORE HAD DAMAGE? OR DO YOU THINK THAT YOU JUST WEREN'T ABLE TO SEE A LOT OF DAMAGE? THAT'S STILL THERE? ANDREA'S SUPERVISOR RODRIGUEZ IS HERE.

UM, IT WAS MY TEAM, AS YOU KNOW, I HAD MOUNT CARMEL, BUT WE PUT A TEAM ON MARCH 17 TO CONDUCT INTERIOR INSPECTIONS.

WE CONNECTED ALMOST 66, UH, UNITS.

NOW KEEP IN MIND, IT'S THE UNITS THAT WE GET IN.

SO EVEN THOUGH I HAVE FIVE, SIX OFFICERS, IT'S THE UNITS THAT I GET ON.

I GOT 66, UM, ABOUT FAB, APRIL SOMETHING.

UM, I WANT TO SAY SEVEN.

I GOT INTO ABOUT 55 OR 51, UH, UNITS.

SO WE GOT ABOUT A TOTAL, I WOULD SAY AROUND 117, WE'VE DONE INSPECTIONS.

NOW, JOHN HASN'T BEEN ABLE TO DO ALL OF THEM.

HE GETS CONSTANTLY CALLED EVERY DAY, FIVE, SIX, SEVEN ON THE WEEKENDS.

SOMETIMES WE'LL GET 10, BUT WE HAD A TEAM TO, TO HELP THEM.

AND SOMETIMES WE HAVE TO ASSIST THEM.

UH, ON MONDAY WE HAD ABOUT FOUR OFFICERS JUST TO DO FOLLOWUPS.

IT'S A CHICK.

UH, A LOT OF THESE REPAIRS HAVE BEEN DONE.

SHE WORK WAS DONE, BUT WE CAN'T CLOSE IT BECAUSE IT HASN'T BEEN INSPECTED BY A BUILDING INSPECTOR.

UM, IT IS THROUGH THE HEALTH AND SAFETY IS, THAT'S WHY IT'S REQUIRED FOR A BUILDING PERMIT TO BE PULLED AND FOR SHEET ROCK TO BE INSPECTED FOR INSTALLATION TO BE INSPECTED.

ALL OF THIS HAS ALREADY BEEN COVERED AND THERE'S NO INSPECTION.

UM, OTHER PROPERTIES HAVE PULL PERMITS.

I MENTIONED THE ELMONT CORRAL, UH, OTHER PROPERTIES, I THINK, UM, DOWN ON PLEASANT VALLEY, THEY HAVE PERMITS.

SO I, I DON'T UNDERSTAND HOW THIS PROPERTY HASN'T, BUT YES, JOHN RODRIGUEZ HAS BEEN THERE, BUT HE HASN'T BEEN ABLE TO DO THEM ALL.

IT'S BEEN A TEAM EFFORT, UH, ALMOST ALL MY STAFF AND OTHER STAFF, EXTENDED HOURS OF HELP, A REPEAT OFFENDER OFFICERS TO HELP TO DO THIS WHOLE BUNCH OF INSPECTIONS AND DOING THEM IN EVENINGS.

UM, AFTER SIX ON SATURDAYS, EXTENDED HOURS GOES OUT THERE AND DO INSPECTIONS.

THEY SEND OUT A NOTICE AND ALL THE CASES ARE AREN'T HIS TO DO LIST.

UNFORTUNATELY HE IS THE ONE MANAGING AND PUTTING ALL THIS TOGETHER.

OKAY.

AND IT'S A HUGE UNDERTAKING FROM THE SOUNDS OF IT.

UM, SO INSPECTOR RODRIGUEZ, JOHN RODRIGUEZ, ANOTHER QUESTION FOR YOU.

SO ALL THE UNITS THAT YOU VISITED ARE THEY CURRENTLY OCCUPIED? AS OF RECENTLY, THERE'VE BEEN, UM, WORD FROM, UM, MANAGEMENT AND TENTS THAT SOME UNITS HAVE BEEN VACANT, UM, WITHIN, I WOULD SAY THE LAST WEEK OR TWO.

OKAY.

OKAY.

THANK YOU.

AND ONE OTHER FOLLOW-UP QUESTION FOR YOU TOO.

UM, IT DOES NOT APPEAR THAT THESE BUILDINGS HAVE THE FIRE SPRINKLER SYSTEM UNLESS I'VE MISSED IT.

SO IS IT CORRECT THAT ALL OF THE WATER DAMAGE THAT WE'RE SEEING IS FROM BURST PLUMBING PIPES IN THE WALLS? I CAN'T SPEAK IT, UH, FOR THE FIRE SYSTEM, UM, WITH, AT THAT COMPLEX, BUT, UM, I BELIEVE THE MAJORITY OF THE, UH, WATER DAMAGE WAS SUSTAINED THROUGH PIPES VERSUS THROUGH THE WALLS.

THAT'S CORRECT.

OKAY.

THANK YOU, MS. FRYBERGER AND THEY ARE NOT SPRINKLER AND APARTMENT COMPLEXES.

IT'S, UH, IT'S NOT REQUIRED BY CODE BECAUSE OF THE AGE OF THE COMPLEX, RIGHT.

THAT WAS, THAT WAS MY GUESS TOO.

AND I DIDN'T SEE THEM IN THE PHOTOS.

OKAY.

THANKS CHIEF.

OKIE, UH, OTHER COMMISSIONERS QUESTIONS FOR, UM, OUR CODE INSPECTORS OR FOR THE PROPERTY REPRESENTATIVES? UM, UH, YES, GO AHEAD.

COMMISSIONER MUELLER.

UM, I HAVE A QUESTION FOR THE, UM, CODE INSPECTOR.

YOU SHOWED US A LOT OF PHOTOS, AND I JUST WANT TO BE CLEAR ON IN YOUR MOST RECENT INSPECTION, UH, WHETHER YOU WERE STILL SEEING BLACK MOLD AND, YOU KNOW, YOU SH YOU SHOWED US A LOT OF UNITS WHERE THERE WAS MOLD, LOW WATER PRESSURE AND NO HOT WATER.

AND YOU SAID THAT YOU HAD BEEN OUT THERE, I THINK JUST YESTERDAY.

SO I JUST WANTED TO KNOW, ARE YOU STILL SEEING BLACK MOLD IN UNITS? THERE'S BEEN AN EFFORT TO CORRECT.

UM, THOSE ISSUES AND VIOLATIONS WITH THE PROPERTY MANAGER.

HOWEVER, THERE ARE STILL UNITS, UM, THAT DO HAVE BLACK MOLD, UH, PRESENT.

THAT'S CORRECT.

WOW.

UM, AND I GUESS LET'S SEE.

SO FOR THE PROPERTY OWNERS, UH, YOU KNOW, SOME OF THE INFORMATION YOU'RE GIVING US SEEMS PRETTY CONFLICTING WITH WHAT WE'RE HEARING FROM THE CITY ABOUT PULLING PERMITS.

BUT I THINK, UH, MY MAIN CONCERN BECAUSE OF WHAT WE HEARD FROM TENANTS EARLIER IS JUST THE LACK OF COMMUNICATION.

AND THEN, UH, MORE RECENTLY PEOPLE BEING GIVEN VERY LITTLE TIME TO LEAVE.

UM,

[02:10:01]

YOU KNOW, I'M JUST, I'M VERY CONCERNED THAT IT DOESN'T SEEM LIKE YOU COMPLIED WITH THE, THE CITY'S REQUIREMENT THAT YOU HAVE A PLAN, WHICH IT SEEMS LIKE IF YOU HAD A PLAN SHORTLY AFTERWARDS, THERE WAS MORE FLEXIBILITY IN HELPING GET PERMITS AND DEAL WITH OTHER THINGS, BUT YOU, YOU DIDN'T COMPLY WITH THAT.

AND, UH, YOU KNOW, IT SEEMS YOUR COMMUNICATION WITH TENANTS HAS BEEN PRETTY PROBLEMATIC AND BLACK MOLD.

I MEAN, THESE ARE VERY SERIOUS THINGS THAT THAT'S VERY SERIOUS FOR HEALTH.

UM, SO I, I WOULD LIKE TO HEAR FROM THE OWNERS WHAT THEIR RESPONSE IS TO THAT.

SURE.

AND THANK YOU COMMISSIONER, UM, TO START WITH ON THE ACTION.

THIS IS KEVIN TORONTO TO START WITH ON THE ACTION PLAN THAT WAS SUBMITTED MULTIPLE TIMES THROUGH EMAIL TO MR. MOSES RODRIGUEZ, UH, THAT WAS SUBMITTED, AND IT WAS DISCUSSED NUMEROUS TIMES OVER THE LAST SEVERAL MONTHS.

AND I UNDERSTAND THAT AND, AND SURPRISED TO HEAR THE CONFLICTING INFORMATION ON THAT, UH, IN TERMS OF THE BLACK MOLD AS ABSOLUTELY A SERIOUS CONDITION THAT WE TAKE VERY, VERY SERIOUSLY.

I DON'T KNOW WHAT SPECIFIC UNITS THAT ARE BEING DISCUSSED IS STILL HAVING BLACK MOLD AND WHETHER OR NOT THEY ARE OCCUPIED OR NOT.

UH, THERE OF COURSE IS A CONCERN WITH THAT.

AND WHICH IS WHY THERE, THERE HAS BEEN SOME NOTICES IN TERMS OF, UH, FOR, UH, PERSONS TO LEAVE THEIR APARTMENTS.

WHAT I WILL SAY IS THAT, UH, INITIALLY APPROXIMATELY 70 UNITS WERE VACATED VOLUNTARILY.

UH, THE OWNERS DID NOT REQUIRE ANY PAYMENT OF ANY RENT FROM THOSE, UH, FOLLOWING, FOLLOWING THE, UH, THOSE PEOPLE LEAVING.

UM, IN TERMS OF OTHERS, THERE'S MANY OTHERS, YOU ACTUALLY STAYED IN THE APARTMENTS AND DID NOT PAY RENT, UM, AND THEY WERE NOT EVICTED.

UH, AND THEN OTHERS WHO ARE HAVE RECENTLY BECAUSE OF CERTAIN HEALTH AND SAFETY CONDITIONS THAT, UH, WE'RE INFORMED ABOUT.

WE'RE TOLD THAT THEY NEED TO LEAVE THE APARTMENTS AGAIN.

IF YOU'VE GOT SOMEONE WITH A VERY LARGE BLACK MOLD CONDITION IN THEIR APARTMENT, I, WE, IF THERE IS A NOTICE THAT THEY NEED TO LEAVE, IT'S BECAUSE OF, THEY CAN'T STAY IN THAT CONDITION AT THE TIME.

AND SO HAVING THAT, THAT PERSON, UH, VACATE THE APARTMENT AS SOON AS POSSIBLE IS VERY IMPORTANT, BUT BLACK MOLD ALSO IS NOT SOMETHING THAT IS TREATED OR CAN BE TREATED IN A DAY'S NOTICE.

UH, THAT'S SOMETHING THAT TAKES A LONG TIME TO REMEDIATE.

AND IT'S NOT SOMETHING, ESPECIALLY WHEN YOU'RE TALKING ABOUT THIS NUMBER OF UNITS THAT CAN BE DONE IN A WEEK'S TIME IN TWO WEEKS TIME.

I MEAN, IT CAN TAKE MONTHS TO REMEDIATE ALL OF THOSE DIFFERENT ISSUES.

AND SO ABSOLUTELY UNDERSTAND THE CONCERN, AGREE WITH THE CONCERN ITSELF.

AND, AND WE'RE TRYING TO DO EVERYTHING WE CAN TO REMEDY THE SITUATION.

WHAT THE, JUST LET ME FOLLOW UP ON THAT.

WHAT OPTIONS ARE PEOPLE BEING GIVEN IF THEY'RE BEING GIVEN A VERY SHORT TIME TO MOVE OUT, YOU'RE NOT SUPPOSED TO BE ABLE TO EVICT PEOPLE RIGHT DURING THIS PANDEMIC.

SO, YOU KNOW, WHAT, WHAT OPTIONS ARE PEOPLE BEING OFFERED? AND I DON'T KNOW ALL OF THE OPTIONS THAT ARE BEING OFFERED RIGHT NOW.

WHAT I WILL SAY IS THAT THERE ARE SEVERAL EXCEPTIONS IN TERMS OF, UH, EVICTIONS, UH, IN TERMS OF WHAT THE, THE LAWS ARE THERE.

UM, I, I KNOW THAT THE, UH, OWNERS HAVE NOT SOUGHT TO EVICT PEOPLE BEFORE APPROXIMATELY TWO WEEKS AGO, AND PEOPLE HAVE HAD, ARE STILL IN THEIR APARTMENTS.

I THINK, UM, I THINK TOMORROW MIGHT BE THE TWO WEEK MARK FOR WHENEVER ANY NOTICES WERE PROVIDED.

UH, OF COURSE THIS IS A COMMERCIAL MULTIFAMILY PROPERTY.

THIS IS NOT SOMETHING LIKE WE HEARD IN THE FIRST CASE WHERE IT'S A SUBSIDIZED APARTMENT.

AND SO IT IS A VERY MUCH AN APPLES TO ORANGES COMPARISON AND THIS TYPE OF THING.

AND SO I I'M, AGAIN, I APOLOGIZE, CAUSE I DON'T HAVE ALL THE, THE, THE INFORMATION IN TERMS OF WHAT OPTIONS HAVE BEEN PROVIDED.

COMMISSIONER SAILOR.

DID YOU HAVE A COMMENT? I HAVE A QUESTION FOR INSPECTOR RODRIGUEZ.

IT'S CLEAR TO ME FROM THE PHOTOS THAT YOU WERE SHARING WITH US, MANY OF THE VIOLATIONS FREE DATED THE FREEZE, PREDATED THE STORM AND HAD NOTHING TO DO WITH THE EFFECT OF BURST HIVES, THAT THERE WERE OTHER PROBLEMS WITH THE PROPERTY THAT HAVE NOTHING TO DO WITH IT.

IS THAT A CORRECT ASSESSMENT? OH, I WOULD SAY THAT THE PHOTOS OF THE MAJORITY WERE TAKEN IN MARCH, UM, ALMOST, UH, APPROXIMATELY A MONTH AFTER THE WINTER STORM HAD OCCURRED.

[02:15:01]

SO WHEN YOU'RE SEEING PHOTOS OF THE, UH, SHEET ROCK AND INSULATION THAT HAS BEEN DEMOED THAT HAD BEEN BY THE TIME WE INSPECTED ALREADY ABOUT FOUR WEEKS AFTER THE STORM.

AND WE'D LIKE TO BE ELECTRICAL APPLIANCES LIKE THE STOVE AND OTHER TYPES OF APPLIANCES, THEY WERE NOT WERE THOSE INFRACTIONS THAT PREDATED THE STORM.

SO WHEN WE WENT INTO INSPECT THE UNIT, WE ASKED THE TENANTS THAT WERE AVAILABLE TO, UM, YOU KNOW, POINT OUT TO US ALL THE VIOLATIONS THAT WERE PRESENT AT THAT POINT, UH, DURING THE INSPECTION.

SO SOME OF THE INSPECTIONS SHOWED, UM, ISSUES THAT, YOU KNOW, THE TENANTS WERE HAVING THAT WEREN'T NECESSARILY RELATED TO THE STORM, BUT SINCE WE WERE THERE INSIDE AT THAT TIME, UM, WE TOOK THAT OPPORTUNITY TO GO AHEAD AND SEND OUT A NOTICE FOR THOSE ISSUES AS WELL, OR LIKE A MISSING SMOKE ALARM OR SMOKE ALARM ISSUES WITH THE, UH, MECHANICAL APPLIANCES.

YES, SIR.

OKAY.

CHAIR, THIS IS MELANIE ALLIE.

MAY I SAY SOMETHING? YES, PLEASE.

GO AHEAD.

I WANTED TO LET YOU KNOW THAT THEIR PLAN THAT IS IN AN EMAIL IN EXHIBIT ONE, IT CAN BE FOUND IN EXHIBIT ONE IN YOUR GOOGLE DRIVE FOLDER.

OH, THANK YOU.

YOU'RE WELCOME.

I'M CHAIR.

YES.

COMMISSIONER STILL SAID, THANK YOU.

I JUST HAVE COUPLE OF QUESTIONS, UH, FOR THE OWNER AND POSSIBLY A QUESTION FROM MR. CAR, UM, TO THE OWNER.

UH, I THINK I JUST ACTUALLY ANSWERED ONE QUESTION.

I BELIEVE EARLIER, HEARD A REFERENCE TO THE, UH, TEXAS PROPERTY CODE.

COULD I ASK YOU TO REPEAT THE CITATION FOR ME PLEASE? AND EXPLAIN THE IMPORT OF THAT PROVISION? I GATHER IT WAS TO DO WITH THE REQUIREMENTS OF A LANDLORD VIS-A-VIS TENANTS FOLLOWING A CASUALTY LOSS.

IS THAT RIGHT? YES, SIR.

THAT IS CORRECT.

IT'S TEXAS PROPERTY CODE, SECTION 92.054.

OKAY.

AND PROVISION A IS DISCUSSING A CASUALTY LOSS, WHICH THE WINTER STORM YURI WAS ABSOLUTELY A CASUALTY LOSS.

OKAY.

OKAY.

THANK YOU, SIR.

UM, CHAIR, I HAVE NO FURTHER QUESTIONS FOR THE OWNER.

I DO WANT TO RUN A QUESTION BY MR. R IF THAT'S POSSIBLE, JUST FROM MY OWN UNDERSTANDING.

I, SO MY UNDERSTANDING OF, OF, OF OUR AUTHORITY IS THAT, UH, THE COMMISSION AND THE STAFF WERE WORKING IN, UM, COMPLIANCE WITH CHAPTERS 54 AND TWO 14 OF THE LOCAL GOVERNMENT CODE.

AND THAT WHAT WE'RE ENFORCING OUT HERE IS, UM, CHAPTER 25, ARTICLE NINE, UH, OF THE CITY CODE DEALING WITH, UH, LAND DEVELOPMENT AND THAT, THAT INCORPORATED BY REFERENCES THE, IS THE PROPERTY MAINTENANCE, UH, UH, CODE.

UH, SO THAT, FOR EXAMPLE, IF YOU LOOK AT THE VIOLATIONS, STRUCTURAL MAINTENANCE VIOLATIONS CITED, JUSTIN, I DUNNO, PULL UP EXHIBIT TWO AND SCROLL DOWN AND YOU SEE THERE'S INTERNATIONAL PROPERTY MAINTENANCE SECTION THREE OH 5.3, UH, REGARDING, YOU KNOW, INTERIOR SURFACES, WINDOWS DOORS BE MAINTAINED, A GOOD CLEAN CONDITION, UH, FIVE OH 5.4 WATER HEATING FACILITIES PROPERLY INSTALLED AND SO FORTH, I GUESS, TO CUT TO THE CHASE HERE, MY INFERENCE.

AND THIS IS THE QUESTION FOR MR. CARR.

MY INFERENCE IS THAT, UH, TEXAS PROPERTY CODE SIMPLY IS NOT IMPLICATED BY WHAT WE'RE DOING HERE.

THAT, THAT IN OTHER WORDS, THAT A LANDLORD MAY HAVE SOME DEFENSE AGAINST AN ACTION BY A TENANT GROUNDED IN THE STATUTE CITED BY THE OWNERS.

IN THIS CASE, IT HAS NO BEARING ON OUR AUTHORITY, DEFINE THIS PROPERTY IN VIOLATION.

WOULD I BE, WOULD I BE CORRECT? AND THAT'S FROM MY, AS MR. CARR AND, AND I'LL, I'LL JUST, I'LL LEAVE IT AT THAT.

THANK YOU, MADAM CHAIR.

SURE.

UM, BRANDON CARR, ASSISTANT CITY ATTORNEY, UM, COMMISSIONER STUDY.

YOU'RE CORRECT.

UH, 92.05.

FOUR IS A LANDLORD TENANT REMEDY AND THE PROPERTY CODE.

UM, THAT'S, THAT'S REALLY ABOUT AN INSURANCE CASUALTY LOSS, UH, BUT THAT'S NOT SOMETHING THAT YOU ENFORCE.

UH, THAT'S A CIVIL REMEDY BETWEEN THE LANDLORD AND TENANT.

UM, WHAT YOU WILL ENFORCE IS THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND, AND CHAPTER 54, TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE ALREADY.

THANK YOU, MR. CARR.

THANK YOU MA'AM SIR.

YES.

THANK YOU, COMMISSIONER.

STILL STUD AND MR. CARR.

UM, ACTUALLY I HAVE A QUESTION FOR OUR COORDINATOR, MS. ALLIE, UM, COULD YOU POINT US TO THE PROPERTY OWNERS ACTION PLAN AGAIN? YOU SAID IT WAS AN EXHIBIT ONE.

YES, IT'S IN EXHIBIT ONE.

IT IS AFTER I BELIEVE IT'S RIGHT AFTER THE NOTICES OF HEARING THE POSTING PHOTOS AND GREEN CARDS.

AND IT'S AN EMAIL THAT'S, UH, IT'S PROBABLY IN TWO SLIDES.

[02:20:12]

I'M SEEING THE POSTINGS ARE RIGHT AT THE END OF EXHIBIT ONE.

SO IT'S AN EMAIL IN EXHIBIT ONE AND IT'S FOUND IN EACH OF THE BUILDING FOLDERS, EXHIBIT ONE IS FOUND IN EACH FOLDER IS SAID THE, I DID SEE AN EMAIL FROM THE OWNER, BUT IT DIDN'T REALLY LAY OUT A PLAN, A PLAN THAT TALKED ABOUT THE BOILERS.

AND IT'S JUST A BRIEF EMAIL IN MY UNDERSTANDING THAT IS, I BELIEVE THAT IS THEIR PLAN.

UH, I WILL ASK KEVIN TERRAZZO, IS THAT CORRECT? THIS EMAIL THAT'S DATED APRIL 6TH.

IS THIS THE ACTION PLAN THAT YOU'VE BEEN REFERENCING? I WOULD, I, I CAN'T SEE THAT.

SO I I'M, I APOLOGIZE THAT I CAN'T CONFIRM OR NOT CONFIRM.

OKAY.

OKAY.

UNDERSTOOD.

IT STATES THAT IT'S FROM KERRY CAREER AND IT TALKS ABOUT THE BOILER BEING REPLACED AND BEING CONVINCED THAT THERE IS HOT WATER THROUGHOUT THE PROPERTY.

YEAH, I KNOW KEVIN, I'M SORRY.

GO AHEAD.

I DON'T SEE IT.

OKAY.

SO I SEE IT IN EXHIBIT NUMBER ONE, IT'S ACTUALLY PAGE 10 AND 11 IS WHAT I'M SEEING.

AND IT STATES THAT WE WILL CONTINUE TO WORK EVERY DAY UNTIL ALL THE ISSUES ARE RESOLVED.

WE HAVE OFFERED THE EFFECTED RESIDENTS, ALTERNATE UNITS TO SHOWER IN IF NEEDED.

UH, WE HAVE SIGNIFICANT VACANCY NOW DUE TO THE CITY'S ACTIONS.

SO FINDING A PLACE TO SHOWER, ISN'T A PROBLEM AND LET US KNOW WHAT ELSE YOU NEED FROM US.

SO I THINK WHAT I WOULD IDEALLY LIKE TO SEE IN AN ACTION PLAN, I MEAN, I UNDERSTAND THIS IS A MOVING TARGET, AND AS YOU UNCOVER MORE ISSUES, YOU KNOW, THERE MIGHT BE MORE REPAIRS HAVE TO BE DONE.

UM, BUT YOU KNOW, I VISITED SOUTHEAST TEXAS AFTER THEY'VE BEEN FLOODED AND THE PEOPLE THERE HAVE AN ACTION PLAN.

THEY KNOW WHAT TO DO WHEN THEY GET WATER IN THEIR HOMES, THEY RIP OUT THE DRY WALL AS FAST AS THEY CAN SO THAT THEY CAN AVOID THAT NASTY BLACK MOLD.

YOU KNOW, THEY, THEY GET ON IT AND THERE MIGHT BE PILES OF GARBAGE PILED NEXT TO THE STREET FOR WEEKS JUST FROM PULLING OUT DAMAGED MATERIALS IN THEIR HOMES.

AND I THINK THAT'S WHAT I WOULD LIKE TO SEE AS SOMEONE MAINTAINING A 384 UNIT APARTMENT COMPLEX.

AND FURTHERMORE, I MEAN, IT WOULD BE NICE TO HEAR WHAT YOUR ACTION PLAN IS FOR YOUR RESIDENTS WHO ARE JUST AS STUCK AS THE REST OF US IN AUSTIN.

I UNDERSTAND THIS WAS AN UNPRECEDENTED STORM, BUT YOU KNOW, YOU STILL HAVE RESIDENTS WHO ARE BEING BLINDSIDED BY THESE ORDERS TO LEAVE BECAUSE IT'S UNSAFE.

WELL, THEY'VE KNOWN THAT IT'S UNSAFE.

SO NOW THAT YOU HAVE VACANT UNITS, PERHAPS START MOVING THEM INTO YOUR VACANT UNITS, OR, YOU KNOW, IF YOU DON'T HAVE ENOUGH UNITS THAT ARE HABITABLE, WHAT'S YOUR PLAN FOR FINDING A HABITABLE PLACE, HABITABLE PLACE FOR YOUR RESIDENTS? MEANWHILE, THIS IS EXTREMELY FRUSTRATING AND I'M SORRY, I'LL LEAVE IT UP TO THE OTHER COMMISSIONERS.

IF YOU HAVE OTHER QUESTIONS I'M STILL STRUGGLING WITH WHERE, WHERE WHERE'S THE DOCUMENTATION? I'M SORRY.

CAN YOU HELP ME HERE? OKAY.

SO COMMISSIONER GREEN, I'VE FOUND IT UNDER BUILDING NUMBER ONE, EXHIBIT ONE, UH, JUST LOOKING AT THE PAGES OF THAT DOCUMENT.

THAT'S PUT TOGETHER, IT LOOKS LIKE IT'S PAGE 10 OUT OF 39 IS WHERE THE EMAIL WHERE YOU CAN FIND THAT EMAIL UNDER ONE ZERO SEVEN ONE CLAYTON LANE.

YES, YES, YES, YES.

COMMISSIONER MILLER.

I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING AND ADOPT THE RECOMMENDATIONS OF STAFF.

WOULD ANYONE LIKE TO SECOND THAT COMMISSIONER SEELIG? OKAY.

SO THE PUBLIC HEARING IS CLOSED.

UM, WOULD ANYONE LIKE TO ADD FURTHER DISCUSSION?

[02:25:02]

OKAY.

SO THE MOTION IS TO ADOPT STAFF'S RECOMMENDED ORDER AND THE RECOMMENDED ORDER IS TO MAKE, TO MAKE ALL REPAIRS WITHIN 45 DAYS.

AND IF NOT COMPLETED ON THE 46 DAY, LET ME FIND THE ORDER.

I'M SORRY.

I WANT TO GET THIS RIGHT.

CAN I ASK ONE QUESTION FIRST? OF COURSE, WE'RE DISCUSSING RIGHT NOW.

YEAH, GO AHEAD.

I'M I'M JUST READING THE STAFF ORDER.

AND THE FOURTH POINT SAYS IF ON THE 46 DAY OF COMPLIANT HAS NOT BEEN ACHIEVED, ACHIEVED ASSESS A CIVIL PENALTY OF $2,000 PER WEEK FOR BUILDING ONE.

AND SO IS THERE, THIS IS ONLY ABOUT BUILDING ONE OR WHAT ABOUT ALL THE OTHER BUILDINGS? IT'S IT'S FOR ALL THE BUILDINGS AND, UH, WITH THE COORDINATOR ALLEY, RIGHT.

WHEN COORDINATOR, ALLIE READ THAT THE RECOMMENDED ORDER, SHE STATED IT WOULD BE ASSESSED A CIVIL PENALTY OF $2,000 PER WEEK PER BUILDING, PER BUILDING.

OKAY.

I JUST WANTED TO CLARIFY THAT.

THANKS JUST FOR THE BRAND CARSON CITY ATTORNEY, JUST FOR THE RECORD.

UM, UM, MELANIE, CAN YOU CONFIRM, IS IT BUILDING THERE'S 16 BUILDINGS AND IT WOULD BE 16 ORDERS AT $2,000 PER WEEK PER BUILDING.

THERE ARE ACTUALLY 15 BUILDINGS BECAUSE WE DO NOT HAVE ANY CASES IN BUILDING NINE.

SO IT GOES BUILDING ONE THROUGH EIGHT AND NINE THROUGH 16, 10 THROUGH 16.

I'M SORRY.

THERE'S NO, THERE ARE NO CASES IN BUILDING NINE.

SO WE'RE TALKING ABOUT 15 BUILDINGS.

THANK YOU.

OKAY.

THANK YOU.

OKAY.

DO WE NEED ANY FURTHER DISCUSSION ON THE PROPOSED OR ON THE MOTION? OKAY.

I'LL CALL THE QUESTION AND I WILL DO THIS, UH, VIEW ROLL CALL AGAIN.

ALL RIGHT, COMMISSIONER.

ABILA OKAY.

THANK YOU.

COMMISSIONER THOMPSON.

YAY.

OKAY.

COMMISSIONER GREEN.

ALL RIGHT.

COMMISSIONER MILLER.

YAY.

COMMISSIONER STOW, STUD COMMISSIONER SEELIG.

OKAY.

AND I AM ALSO IN FAVOR.

ALRIGHT.

MOTION PASSES, UNANIMOUS.

HAPPY OF THE ORDER WILL BE MAILED OUT.

AND, UH, WE THANK EVERYONE FOR YOUR TIME THIS EVENING, AND WE HOPE THAT RESOLUTION IS, IS FOUND SOON.

UM, ALL RIGHT, NEXT ON THE AGENDA IS WHAT'S LISTED AS ITEM.

NUMBER

[4. Presentation: 2021 International Property Maintenance Code (IPMC) Proposed Amendments Presenters: Dedric Knox, Kecia Lara and Moses Rodriguez, Austin Code Department]

FOUR IS OUR PRESENTATION ON THE 2021 CODE.

AND, UM, IS THIS YOU AGAIN? MR. RODRIGUEZ? MOSES RODRIGUEZ? YES.

UH, KESHA HAS, IS GOING TO DO THE PRESENTATION IS GOING TO DO THE PRESENTATION.

I'M HERE TO ASSIST KEISHA HERE I AM HERE.

OKAY, GREAT.

ALL RIGHT, GO AHEAD.

GOOD EVENING.

SO CAN WE PULL UP PRESENTATION? OKAY.

THANK YOU.

GOOD EVENING, COMMISSIONERS.

I AM KESHA LARA CO-SUPERVISOR OVER AT AUSTIN CODE AND WE COME BEFORE YOU TONIGHT TO PRESENT TO YOU THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE REFERRED TO AS THE IPMC AMENDMENT PROCESS.

THE PURPOSE OF OUR PRESENTATION IS TO PROVIDE AN OVERVIEW OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS PROCESS, AND SHARE THE MAJOR PROPOSED CHANGES.

SO THE CITY OF AUSTIN WILL ADOPT THE INTERNATIONAL CODE COUNCILS AS CCS 2021 APP PMC UPDATES FROM THE CURRENT AUSTIN'S 2015 IPMC, THE AUSTIN CODE DEPARTMENT ESTABLISHED AND INTERNAL AMENDMENT COMMITTEE TO DRAFT PROPOSED AMENDMENTS, UM, FOR THE CODE AND THE PURPOSE OF THE POST PROPOSED CHANGES IS TO ENSURE PUBLIC SAFETY AND MAINTAIN CONSISTENCY WITH OTHER CITY CODES.

UM, BECAUSE WE DEFINITELY DON'T WANT TO, UM, CREATE ANY CONFLICT WITH OTHER CODES SUCH AS THE BUILDING

[02:30:01]

CODE, RESIDENTIAL CODE, FIRE CODE.

UM, NEXT SLIDE.

SO HERE IS OUR ADOPTION TIMELINE AND WE ARE IN THE MONTH OF MAY.

AND IT SEEMS LIKE THE TIME IS GOING BY EXTRA FAST NOW.

SO WE HAVE ENGAGED WITH OUR STAKEHOLDERS AND WE HAVE TAKEN IN THEIR INPUT AND THE RECOMMENDATIONS AND ACTUALLY WHAT WE'RE BRINGING FORWARD TONIGHT.

UM, UH, PART OF THAT CAME FROM THE STAKEHOLDERS WAS ONE OF THE DEFINITIONS THAT YOU WILL SEE LATER ON IN OUR PRESENTATION.

SO WE'RE TRYING TO STAY IN ALIGNMENT WITH THE OTHER CODES THAT WE'LL BE GOING BEFORE CITY COUNCIL.

SO, UM, WE WILL GO BEFORE LEGAL REVIEW, UM, AND WE'RE HERE TONIGHT BEFORE YOU, UM, BUILDING STANDARDS COMMISSION, AND THEN HOPEFULLY TO MOVE FORWARD, UM, TO CITY COUNCIL FOR PUBLIC HEARING NEXT MONTH.

SO THE PROPOSAL AMENDMENTS AIM TO ENSURE PUBLIC SAFETY WHEN UNSAFE OR HAZARDOUS CONDITIONS ARE FOUND ON A PROPERTY BY RECURRENT ACTION PLAN FOR REPAIRS FROM THE PROPERTY OWNER.

AND WE HAVE AMENDED OUR PRESENTATION.

WE ACTUALLY HAVE REMOVED THE WORD ACCOMMODATIONS AND WE'VE CHANGED THE DEFINITION FOR OUR ACTION PLAN.

UM, IS IT POSSIBLE FOR ME TO SHARE MY SCREEN OR NO? YES.

GIVE ME JUST A SECOND.

OKAY.

CAN YOU ALL SEE, CAN YOU SEE THAT? OH, NO, NOT YET.

MAKE SURE TO, UH, FIND THE SHARE BUTTON IN THE MIDDLE, ON THE BOTTOM OF THE WEBEX PAGE.

OH, GOT IT.

THANK YOU.

CAN YOU SEE THAT NOW? IT'S GOOD.

THANKS.

OKAY.

THANK YOU.

AND PLEASE FORGIVE ME.

I APOLOGIZE.

SO WE HAVE A MORE CONCISE DEFINITION FOR ACTION PLAN AND WRITTEN PLAN THAT IDENTIFIES THE REPAIRS THAT ARE NEEDED.

THE TIMELINE NEEDED FOR REPAIRS, ALTERNATIVE METHODS OF COMPLIANCE, IF NECESSARY AND THE PROJECTED FINISH DATE OF THE REPAIRS.

SO OF COURSE, WITH THE EVENTS THAT HAPPEN IN FEBRUARY, WE THOUGHT THIS WAS PERFECT TIMING THAT WE WERE HAVING, UM, THE AMENDMENTS PUT IN PLACE.

AND FOR US TO ASK FOR THIS LANGUAGE TO BE PUT IN THE IPMC, BECAUSE AS YOU KNOW, RENTAL PROPERTY IS ONE OF THE BIGGEST INVESTMENTS A PERSON CAN MAKE.

HOWEVER, PROTECTING THE TENANTS IS JUST AS IMPORTANT AS PROTECTING THE PROPERTY AND HAVING AN ACTION PLAN IN PLACE BEFORE YOU NEED.

IT IS AN IMPORTANT PART OF KEEPING THE TENANT SAFE.

UM, WE UNDERSTAND THAT EVERY PROPERTIES ACTION PLAN MAY VARY.

YES.

LAST YEAR WE WERE JUST LOOKING AT YOUR I'M SORRY.

YES.

OKAY.

THANK YOU.

OKAY.

SO, UM, YOU KNOW, AND WE UNDERSTAND THAT EVERY PROPERTY OWNER'S PLAN, THE ACTION PLAN MAY VARY DEPENDENT ON THE SIZE, UM, THE LAYOUT OF THE PROPERTY, THE TYPE OF A NATURAL DISASTER THAT OCCURS.

UM, BUT AN ACTUAL PLAN SHOULD BE READILY AVAILABLE FOR A PROPERTY THAT SUSTAINS A NATURAL DISASTER.

UM, AND THOSE OWNERS THAT NEED FLEXIBILITY.

OF COURSE, WE WANT IT TO BE A COLLABORATIVE EFFORT.

UM, SOMETHING THAT WE CAN AGREE UPON, OF COURSE, AUSTIN CODE WOULD WORK WITHIN THEIR AUTHORITY, BUT IT IS SO IMPORTANT FOR US TO HAVE AN ACTION PLAN AND THIS LANGUAGE WOULD MAKE IT A, UM, SO THAT WE CAN MAKE IT A REQUIREMENT VERSUS JUST SAYING, PLEASE GIVE US AN ACTUAL PLAN.

AND THEY JUST GIVEN US SOMETHING SAYING, OKAY, WELL, WE'RE GOING TO DO THIS AND NOT HAVING A TIMELINE, NOT TELLING US WHAT YOU'RE GOING TO DO, HOW MANY UNITS NEED TO BE REPAIRED, MAKING SURE THAT ANY REPAIRS THAT NEED TO BE MADE THAT YOU GET A PERMIT.

SO JUST THE PAST EVENTS AND EVEN TESTIMONIES TONIGHT,

[02:35:01]

SHOW HOW IMPORTANT AN ACTION PLAN CAN BE.

SO MOVING FORWARD, UM, THE FIRST SECTION THAT WE WANT TO ADD THIS LANGUAGE TO IS SECTION ONE 11.1 0.3, STRUCTURE UNSAFE FOR HUMAN OCCUPANCY.

UM, THE LANGUAGE ALREADY THAT EXISTS IS A STRUCTURE IS OUTFIT FOR HUMAN OCCUPANCY.

WHENEVER THE CODE OFFICIAL FINDS THAT SUCH STRUCTURE IS UNSAFE, UNLAWFUL, OR BECAUSE OF THE DEGREE TO WHICH THE STRUCTURE IS IN DISREPAIR OR LEX MAINTENANCE IS IN SANITARY ENVIRONMENT OR RAT INFESTED CONTAINS FIELDS AND CONTAMINATION OR LACKS VENTILATION ILLUMINATION, SANITARY, OR HEATING FACILITIES OR OTHER ESSENTIAL EQUIPMENT REQUIRED BY THIS CODE, OR BECAUSE THE LOCATION OF THE STRUCTURE CONSTITUTES THAT HAZARD TO THE OCCUPANTS OF THE STRUCTURE OR TO THE PUBLIC.

SO THE LANGUAGE THAT WE WOULD LIKE TO ADD IS IF THE CODE OFFICIAL FINDS A STRUCTURE UNSAFE, THE OWNER OF THE PROPERTY SHALL PROVIDE AN EXTRA PLAN FOR REPAIRS TO THE CODE OFFICIAL WITHIN TWO DAYS OF NOTICE.

SO GOING THROUGH MY PRESENTATION, JUST TO LET YOU KNOW, WE'VE BASICALLY ADDED THE SAME LANGUAGE AT THE BOTTOM, WHERE YOU CAN SEE TO THE DIFFERENT SECTIONS OF THE CODE, THE STRUCTURE OF PLUMBING, MECHANICAL ELECTRICAL, BECAUSE WE WANTED TO COVER ALL SCENARIOS THAT WE MAY ENCOUNTER.

ONE PROPERTY COULD ONLY HAVE ELECTRICAL.

ANOTHER PROPERTY COULD HAVE ALL FOUR SCENARIOS.

SO, UM, FIVE OH 4.3 IS THE PLUMBING SYSTEM HAZARDS WHERE EIGHT IS FOUND THAT A PLUMBING SYSTEM AND A STRUCTURE CONSTITUTES A HAZARD TO THE OCCUPANTS ARE THE STRUCTURE BY REASON OF INADEQUATE SERVICE AND ADEQUATE VENTING, CROSS CONNECTION, BACKSIDE FINISH, AND PROPER INSTALLATION DETERIORATION, OR DAMAGE, OR FOR SIMILAR REASONS.

THE CODE OFFICIALS SHALL REQUIRE THE DEFECTS TO BE CORRECTED TO ELIMINATE THE HAZARD.

AND AGAIN, WE PUT THE LANGUAGE IN, UM, PROPOSED LANGUAGE.

I SHOULD SAY, IF THE CODE OFFICIAL FINDS A STRUCTURE UNSAFE, THEY OWN OTHER PROPERTIES, SHE'LL PROVIDE AN ACTION PLAN FOR REPAIRS TO THE COURT OFFICIAL WITHIN TWO DAYS OF NO NEXT SECTION.

I'M SORRY.

OKAY.

SECTION FIVE OH 5.4 WATER HEATING FACILITIES, A WATER HEATING FACILITY MUST BE PROPERLY INSTALLED, MAINTAINED, AND CAPABLE OF PROVIDING AN ADEQUATE AMOUNT OF WATER TO BE DRAWN AT EACH SINK, LABORATORY BATH, TUB, SHOWER, AND LAUNDRY FACILITY AT A TEMPERATURE OF MAT, LESS THAN 110 DEGREES FAHRENHEIT.

UM, IF THE CODE OFFICIAL FINDS A STRUCTURE, UH, SAFE, THE OWNER OF THE PROPERTY, SHE'LL PROVIDE AN ACTION PLAN FOR REPAIRS TO THE CODE OFFICIAL WITHIN TWO DAYS.

NOPE.

NEXT SECTION.

WE WANT TO ADD THIS LANGUAGE TO A SIX OH 2.2 RESIDENTIAL OCCUPANCIES HEATING FACILITIES THAT ARE CAPABLE OF MAINTAINING A ROOM TEMPERATURE OF 68 DEGREES FAHRENHEIT AND HABITABLE SPACES, BATHROOMS, AND TOTAL ROOMS ARE REQUIRED IN EACH DWELLING UNIT COOKING APPLIANCES AND UNVENTED FUEL BURNING SPACE.

HEATERS CAN NOT BE USED TO MEET OR MAINTAIN THE ROOM TEMPERATURE REQUIRED BY THIS SECTION.

A PORTABLE ELECTRIC SPACE HEATER MAY BE USED ON A TEMPORARY BASIS IF USE CONSISTENT WITH MANUFACTURER SPECIFICATIONS.

AGAIN, IF THE CODE OFFICIAL FINDS HIS STRUCTURE UNSAFE, THE OWNER OF THE PROPERTY SHELL PROVIDE AN ACTION PLAN FOR REPAIRS TO THE CODE OFFICIAL WITHIN TWO DAYS OF NOTICE.

SO THE LAST SECTION SIX OH 4.3 ELECTRICAL SYSTEM HAZARDS, IF THE CODE OFFICIAL FIRES THAT THE ELECTRICAL SYSTEM IN THE STRUCTURE CONSTITUTES, THEY HAZARD TO THE OCCUPANTS OR THE STRUCTURED BY REASON OF IN ADEQUATE SERVICE, THE OWNER OF THE PROPERTY SHALL PROVIDE AN ACTION PLAN FOR REPAIRS TO THE CODE OFFICIAL WITHIN TWO DAYS OF NOTICE.

AND THAT WILL CONCLUDE MY PRESENTATION HERE.

WE HAVE THE TIMELINE AGAIN.

UM, AND AT THE END OF OUR PRESENTATION, WE PUT AN EMAIL ADDRESS FOR STAKEHOLDERS THAT WANTED TO EMAIL ADDITIONAL QUESTIONS OR COMMENTS.

SO I AM GOING TO CLOSE THIS OUT.

AND AGAIN, I JUST, I JUST WANT TO REITERATE THAT THE PAST EVENTS, WE BELIEVE SUPPORT OUR REQUEST

[02:40:01]

TO HAVE THIS LANGUAGE PUT INTO THE PROPERTY MAINTENANCE CODE.

BECAUSE LIKE I SAID BEFORE, IF YOU ARE A PROPERTY OWNER OF RENTAL PROPERTY AND EVEN PROPERTY ON YOU SHOULD HAVE WHAT THEY SAY IN EMERGENCY ACTION PLAN, YOU SHOULD ALREADY HAVE THAT, BUT WE'RE ASKING FOR ACTION PLANS, GIVE US SOMETHING IN WRITING SO THAT WE CAN HOLD YOU TO IT BECAUSE IT IS OUR JOB TO MAKE SURE THAT WE DO OUR BEST TO THE BEST OF OUR ABILITY TO PROTECT THE CITIZENS OF AUSTIN, TO MAKE SURE THAT EVERYBODY HAS THE MINIMUM STANDARD OF LIVING.

EVERYBODY DESERVES THAT.

SO THANK YOU FOR YOUR TIME.

AND MOSES AND I ARE AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.

THANK YOU, MISS LAURA COMMISSIONER.

SEE YOU.

LOOK, I THOUGHT I SAW YOU HAD YOUR HAND UP A FEW MINUTES AGO.

YEAH.

I HAVE A QUESTION.

IS THIS ACTION PLAN AND TIMELINE, IS IT REQUIRED FOR MULTIFAMILY DWELLINGS OR IS IT JUST SINGLE FAMILY HOMES, LAMBROS ALL IN THIS, I'M GOING TO BE COVERED BY THIS.

IT WILL BE FOR ANY STRUCTURE THAT MEETS THOSE CONDITIONS BECAUSE WE DON'T WANT TO JUST LIMIT IT BECAUSE AUSTIN CODE, WE DON'T WANT TO DO SELECTIVE ENFORCEMENT, RIGHT.

SO TRUE, OR WHO OWNS JUST A FEW RENTAL HOMES WOULD BE UNDER THE SAME REQUIREMENT THAT A LANDLORD THAT OWNS AN APARTMENT COMPLEX OF A THOUSAND UNITS.

YES, SIR.

OKAY.

THIS, THIS CODE ITSELF, IT WAS ADOPTED IN, IN 2009 AND IT'S ACROSS THE BOARD FROM COMMERCIAL, RESIDENTIAL, AND EVEN HOMEOWNERS.

IF WE END UP WITH, I HAD A BLIND WOMAN THAT THEY PULLED HER ELECTRICAL AND I MAKE THE OWNER PROVIDE THE MEAT, THE, HE HAD TO FIX THE BREAKER TO GET HER ELECTRICITY BACK.

AND I SIT IN TO GIVE HIM AN ACTION PLAN.

WE'RE GOING TO DO WITH THIS BLIND WOMAN.

THE GOOD THING IS, UM, UH, POLICE GOT INVOLVED AND THEY RELOCATED HER, HER.

I MEAN, IT WAS IN JULY.

I KIND OF BELIEVE THIS BLIND WOMAN WITHOUT ELECTRICITY.

AND THEN THE OWNER TURNED ON THE ELECTRICITY, BUT SHE, SHE WAS ALREADY RELOCATED, BUT WE'RE ASKING FOR THIS ACTION PLAN.

AND RIGHT NOW WE DO PRETTY PLEASED.

WELL, NOW WE CAN CITE IT AND GIVE A CITATION IF IT'S NOT PROVIDED WITH US WITHIN TWO DAYS.

AND ONE OF THE THINGS WE ASK AND I ASKED MANY OF THE GOING THROUGH THESE SCENARIOS IS WE DON'T NEED IT IN STONE.

I MEAN, WE NEED, W WE KNOW THAT SOMETIMES YOU'RE GOING TO NEED A PR TO BUY THE PARK OR TO PAY FOR THE SHOWERS TO COME IN.

UM, BUT AT LEAST SHOW US WHAT YOUR, WHAT YOUR INTENTIONS ARE.

AND THEN WE CAN WORK WITH IT.

I MEAN, IT'S GOING TO BE MODIFIED SOME SCIENCES ON DRESS IT WITHIN A WEEK.

THEY MIGHT HAVE TO RELOCATE EVERYBODY LIKE THEY DID AT MOUNT CARMEL.

SO IT'S GOING TO CHANGE AND WE'RE GOING TO LOOK AT IT.

UM, ACTUALLY COMMISSIONER MILLER WAS FIRST AND THEN COMMISSIONER GREEN.

UM, YES, THANK YOU FOR THE PRESENTATION.

AND I THINK IT'S REALLY A GREAT IDEA, ESPECIALLY FOLLOWING UP ON CASES.

WE JUST HEARD AND EXCUSE ME IF I MISSED THIS, BUT DID YOU SAY WHAT THE PIECES WERE THAT HAVE TO BE IN AN ACTION PLAN? UM, BECAUSE I'M ESPECIALLY CONCERNED ABOUT, YOU KNOW, WHAT WE HEARD FROM THE PREVIOUS ONE WHERE THAT EMAIL WAS BEING PRESENTED AS AN ACTION PLAN.

AND I THINK IT'D BE VERY HELPFUL TO HONORS TO HAVE SOME IDEA OF WHAT, WHAT ARE THE QUESTIONS THEY SHOULD ADDRESS IN SUCH A PLAN? YES.

SO YES, SO WE DON'T TELL THEM THE DETAILS, BUT WE DO THE NECESSARY REPAIRS.

THEY HAVE TO TELL US WHAT THEY ARE AND THEY HAVE TO GIVE US A TIMELINE AND THEY HAVE TO GIVE US AN ESTIMATED FINISH DATE.

AND IS THERE, YOU KNOW, IT MIGHT BE GOOD FOR THEM TO ADDRESS WHETHER OR NOT THERE ARE HEALTH AND SAFETY ISSUES FACING THEIR TENANTS AND WHAT THEIR PLAN IS TO DEAL WITH THAT.

YES, THAT COULD BE PUT, PUT IN THEIR ACTION PLAN IF THEY CHOOSE TO DO SO, BUT WE DON'T WANT TO, WE DIDN'T WANT TO, UM, GIVE A TEMPLATE BECAUSE EVERY PROPERTY IS GOING TO HAVE A DIFFERENT SCENARIO.

RIGHT.

BUT I THINK IT MIGHT BE A GOOD IDEA TO HAVE A LIST OF QUESTIONS FOR PEOPLE TO THINK THROUGH IN CREATING WHATEVER THE PLAN IS FOR THEIR PARTICULAR PROPERTY.

JUST SO YOU DON'T GET SOMEONE SENDING YOU JUST, AND WE CAN DO THAT.

WE WOULDN'T, I DON'T THINK WE WOULD WANT TO PUT THAT IN THE IPMC, THE LIST OF QUESTIONS, BUT WE CAN DEFINITELY HAVE A LIST OF QUESTIONS AVAILABLE TO GIVE AS A GUIDELINE

[02:45:01]

TO HELP THEM PREPARE AN ACTION PLAN, BECAUSE SOME PEOPLE MAY NOT KNOW HOW TO DEVELOP AN ACTION.

YEAH.

YEAH.

I THINK THAT WOULD BE REALLY HELPFUL TO DO.

YES.

MA'AM AND ONE OF THE SCENARIOS IS LIKE WE COULD HAVE JUST, UM, A GENTLEMEN, ONE UNIT, UH, A RESIDENTIAL THAT HE HAS RENTED OUT.

HE CAN JUST MOVE IT TO A SISTER PROPERTY.

ANOTHER UNIT, UH, I HAD ONE CASE WOULD HAVE MOBILE HOME.

UH, HER ELECTRICAL WAS OUT.

SHE DIDN'T WANT TO, UM, SHE DID NOT WANT TO MOVE TO A HOTEL FOR THE WEEKEND BECAUSE FOR KIDS WERE GETTING PICKED UP ACROSS THE STREET.

SHE SAYS, I CAN'T MOVE TO THE HOTEL.

ALL THREE KIDS GO TO DIFFERENT SCHOOLS.

THIS IS MORE CONVENIENT, BUT THE OWNER HAD PROVIDED ME AN ACTION PLAN.

I PAID FOR THE HOTEL, THE PARTS ARE BEING ORDERED.

THEY'RE GOING TO GET HERE.

THE NUTRITION HAS BEEN PAID FOR, I HAVE A PERMIT.

SO THEY, THEY GAVE US ALL THE EXAMPLES, ALL THE SCENARIOS THAT THEY ALREADY HAD IT.

BUT YEAH, WE, WE, WE'RE GOING TO HAVE, WE'RE STILL DEVELOPING AS WE SPEAK.

UM, BUT WE DON'T WANT TO GET IT SO NARROW THAT, WELL, YOU DIDN'T TELL ME THAT I NEEDED TO GET SHOWERS OUT THERE.

I MEAN, WE WANT THEM TO GIVE US, HE'S LIKE TO GIVE US, PROVIDE US WHAT THEY'RE GOING TO DO.

UM, I, I BRING THE SCENARIO EARLIER ABOUT A FIRE THAT WE HAD, UM, INSTEAD OF THEM MOVING THEM TO APARTMENT TWO HOTELS, THEY JUST MOVED INTO VACANT UNITS.

SO THEY SOLVED THAT PROBLEM REAL QUICK.

BUT WHEN WE'RE TALKING ABOUT A HUNDRED UNITS, WHEN WE'RE TALKING ABOUT 384, WE NEED TO SEE SOMETHING AND IT'S GOING TO CHANGE, IT'S GOING TO CHANGE.

UM, BUT YEAH, WE'LL PROBABLY HAVE SOME EXAMPLES.

HOT PLATES, PORTABLE HEATERS, UH, SHOWERS BEING BROUGHT TRAILER WITH WASHER AND DRYERS, UM, TRIPS TO, I MEAN, MOUNT CARMEL DID THAT.

THEY BROUGHT TRANSPORTATION PAYING $500 A DAY FOR THEM TO GO FROM THE HOTEL TO, TO, FROM MOUNT CARMEL TO THE HOTEL, BECAUSE THEY MIGHT NEED SOMETHING THEY FORGOT FOR THE NEXT DAY TO GO TO WORK.

I MEAN, THAT WAS, THAT'S THINKING OUT OF THE BOX AND WE DON'T WANT TO COMBINE THAT.

WE WANT THEM TO THINK OUT OF THE BOX, BUT WE CAN WORK ON SOMETHING THAT'S SCRIPT OR SOMETHING.

COMMISSIONER GREEN.

ALL RIGHT.

WELL, I'M MR. RODRIGUEZ GOT MY START-UP, UH, IS GOING, I THINK, UH, UH, TAKING CARE OF THE FAMILIES, MAKING SURE THAT THE FOLKS THAT ARE, UH, INTEGRATED TOGETHER CLEAR FAMILIES HAVE AN OPPORTUNITY TO GET A SHOWER TOGETHER, HAVE A PLACE TO SEE THAT'S CRITICAL.

AND, UH, I DEFER MY, UH, COMMENTS, UH, MR. RODRIGUEZ, BECAUSE THESE GUYS ARE LIVING IN THE LIGHT AND, UH, AT THE END OF THE DAY, THEY KNOW MORE ABOUT THIS NIGHT WILL EVER DO SO.

UH, THE MINT IS FREE BURGER, UH, I GUESS, UH, AS A BOARD, WE NEED TO THERE THAT, UH, THE FOLKS THAT ARE DEALING WITH DAY TO DAY, UH, MIGHT HAVE A LITTLE MORE KNOWLEDGE ABOUT THIS THAN WE DO.

SO, UH, I DEFER THERE AND, UH, UH, PLEASE LET ME KNOW HOW, HOW I CAN ASSIST.

THANK YOU.

AND I WANT TO SHARE MR. GREEN, THAT MODIFICATION, WHY SHE HAD TO SHOW YOU THE PRESENTATION IS THE LAW DEPARTMENT GAVE US A LITTLE BIT, THEY TWEAKED IT A LITTLE BIT, AND THAT'S WHAT SHE'S GOT.

SO IT'S EVEN GONE THROUGH THE LAW DEPARTMENT LIKE THREE HOURS AGO.

SO THAT'S WHY IT'S NOT IN FRONT OF YOU AND YOUR EXHIBITS, MS. LAURA HAD TO PRESENT TO YOU.

SO WE'RE GOING THROUGH THE, ALL THE, I WENT THROUGH THE STAKEHOLDERS, THEY ASKED FOR THE DEFINITION AND NOW THE LAW DEPARTMENTS TWEAKED IT FOR US.

AND THAT'S WHAT YOU'VE GOT TO DATE.

MR. GREEN IS OFFICIALLY THAT ACTION.

WELL, I MEAN, I I'VE HAD, I'VE HAD TO DEAL WITH A LOT OF DEPARTMENTS AND RIGHT NOW, IF THEY'RE HOME UP, THEY NEED TO GET IN LINE.

AND I THINK YOU GUYS ARE, ARE A FRONTLINE, UH, UH, HELP TO THE, UH, UH, FOR THE EVOLVEMENT OF THE LAW DEPARTMENT, AS IT HAS AN ISSUE, I'D LIKE TO TALK TO THEM ABOUT THE BATTLE RIGHT NOW.

SO, UH, IT'S RODRIGUEZ, THANK YOU FOR YOUR, UH, YOUR EFFORTS AND, UH, TAKING CARE OF THE, UH, FOR THE HOMELESS.

YES.

MR. GREEN, WE'RE ALL PUBLIC SERVANTS HERE, BUT YES, IT'S THEIR COOPERATION.

AND THAT'S WHY MS. LAURA HAD TO JUST SHOW IT UP THERE, SHOW YOU THE ACTION PLAN BECAUSE WE JUST GOT IT AND WE LOVE IT.

WE LOVE THE WAY SHE, SHE MODIFIED IT FOR US, AND THIS IS WHAT Y'ALL GOT IN AND WE'RE PUSHING FORWARD AND WE'RE GOING TO GET THOSE FINITE EXAMPLES WHERE WE DON'T EVEN WANT TO CALL THEM EXAMPLES.

WE WANT

[02:50:01]

TO KIND OF, UM, HELP ME HERE.

KESHA, WHAT DID WE SAY ONE TIME? WE WERE JUST SAYING, UH, YEAH.

YEAH.

SO, UM, OH, OKAY, GO AHEAD.

OKAY.

LET'S UH, DO THE RIGHT THING.

I JUST WANTED TO CHECK WITH COORDINATOR ALLEY MS. ALLEY.

UM, IT'S BEEN THREE YEARS OR SO SINCE WE'VE GONE THROUGH THE IPMC REVISION FOR THE LAST TIME, IT'S PROBABLY BEEN AT LEAST THREE YEARS.

SO I HONESTLY DON'T REMEMBER.

DO WE NEED TO SEND A RESOLUTION TO COUNCIL OR DO WE NEED TO TAKE ANY ACTION AS A BOARD? YOU CAN'T LOSE.

IT'S OPTIONAL.

I KNOW THERE THEY ARE PRESENTING THERE.

THEY'RE MAKING THIS PRESENTATION TO DIFFERENT STAKEHOLDERS AND I'M SURE YOU CAN MAKE RESOLUTION TO COUNCIL IF YOU'D LIKE TO.

SO CHAIR, UM, WE'VE ALREADY BEEN THE STAKEHOLDERS WE'RE HERE TODAY AND AFTER Y'ALL APPROVE IT, WE WILL GO TO, UH, THE LAW DEPARTMENT TO PRESENT IT AT COUNCIL.

WE'RE HOPING, WE'RE HOPING AND SHOOTING FOR JUNE TO JUNE 10TH.

I BELIEVE IT'S A DATE TO BE IN FRONT OF COUNCIL.

AND, BUT IF Y'ALL SET THE RESOLUTION OF WHAT'S IN FRONT OF YOU, THAT'S WHERE WE'LL GO.

THAT'S WHAT WE'LL BE.

OKAY, MR. RIG NEW COMMISSIONERS ON.

THANK YOU.

THANK YOU FOR ALLOWING US TO BE HERE.

ALSO ROY DIRECTOR OF THE HOUSING COURT DEPARTMENT, FIRST OF ALL, I WANT TO THANK MY STAFF.

THEY HAVE DONE A TREMENDOUS JOB WITH IT.

I CAN SEE A ORDINANCE, THEY ARE ENGAGED WITH THE STAKEHOLDERS.

AND WHAT THEY PRESENTED TO YOU IS, UH, IS THE RESULT OF A LOT OF WORK.

UH, IT'S BEEN A WHILE SINCE WE DID NOT ADOPT TO THE TMC.

UH, THE LAST TIME WAS, UH, THE 2015.

SO WE ESCAPED THE 2018.

SO IT'S BEEN A WHILE SINCE YOU HAVEN'T SEEN THESE, THESE, UH, CODE IN FRONT OF YOU, BUT BASICALLY REASON TO PRESENT TO YOU IS SO YOU CAN MAKE A RECOMMENDATION THAT YOU ACTUALLY SUPPORT THE STAFF, UH, IN THESE, UH, IN THESE, UH, ADOPTION OF THE CODE.

SO, UH, I DON'T THINK THERE HAS TO BE SOMETHING, UH, LIKE A RESOLUTION, BUT BASICALLY A RECOMMENDATION FROM, FROM YOU AS A, AS A COMMISSION TO, UH, SUPPORT THE STAFF ON THE ADOPTION WITH THE ACCURACY.

THANK YOU, DIRECTOR ROY.

WELL AS CHAIR, I N N I AM UNABLE TO MAKE A MOTION.

YES, COMMISSIONER ABILA, UH, IN, IN LIGHT OF WHAT WE EXPERIENCED LAST WINTER AND WHAT HAS BEEN PRESENTED BY A QUOTE TODAY, UH, I'LL MAKE A MOTION THAT WE, UH, APPROVE, UH, ENDORSE AND SUPPORT THE, UH, MODIFICATION TO THE, UM, TO THE, UH, UM, UH, MAINTENANCE CODE, THE INTERNATIONAL MAINTENANCE CODE, AND THAT WILL BE PRESENTED TO COUNCIL, UH, WITH OUR BACKING.

I SECOND THAT.

EXCELLENT.

DO WE NEED ANY FURTHER DISCUSSION OR SHALL I CALL THE QUESTION? ALL THE QUESTION.

I'M GOING TO CALL THE QUESTION.

OKAY.

LET ME FIND MY LIST AGAIN.

UM, VICE CHAIR.

ABILA ARE YOU IN FAVOR? I AM IN FAVOR.

GREAT.

THANK YOU.

COMMISSIONER THOMPSON.

YEAH.

GREAT.

UH, COMMISSIONER GREEN.

YEAH, THIS IS A BIG DEAL.

OKAY.

OKAY.

COMMISSIONER MILLER? YES.

GREAT COMMISSIONER.

STILL STAN.

ALRIGHT.

UH, COMMISSIONER SAY LIKE, YES.

GOING TO IN FAVOR.

OKAY.

AND I AM ALSO IN FAVOR, SO, UM, YES, YOU HAVE HER BACKING.

THANK YOU.

ALL RIGHT.

OH YES.

THANK YOU FOR COMING TO TALK WITH US AND PRESENTING THAT.

THAT'S, THAT'S GREAT.

UM, MS. ALLIE, DOWN TO FUTURE AGENDA

[FUTURE AGENDA ITEMS]

ITEMS. THAT IS WHERE WE ARE NOW.

UM, I DO NOT HAVE ANYTHING CARRIED OVER FROM PREVIOUS MEETINGS OTHER THAN THE FACT THAT WE WILL HAVE, UH, MINUTES TO APPROVE NEXT AT THE NEXT MEETING IN TWO WEEKS FROM THE MARCH 24TH, APRIL 28TH, AND POSSIBLY THE MAY 13TH MEETINGS.

UM, AND IF WE MAY WANT TO MOVE THE MAY 13TH OF MINUTES TO THE JUNE MEETING.

SO IF WE CAN GET ALL OF THOSE DONE IN THE NEXT TWO WEEKS, UM, BEFORE THE NEXT MEETING, BUT THAT WOULD BE ON THE NEXT AGENDA.

AND THEN, UM, AGAIN, WE HAVE OUR NEXT REGULAR MEETING IN TWO WEEKS FROM NOW ON WEDNESDAY, MAY 26TH, ALSO IN JUNE WOULD NEED TO START LOOKING AT THE

[02:55:01]

ANNUAL REVIEW REPORT, WHICH IS DUE TO THE CITY CLERK BY THE END OF JULY.

AND, UM, I THINK THAT'S ALL I HAVE AS FAR AS, AND WE HAVE A STAFF REPORT THAT WAS REQUESTED FOR THE AGENDA ITEM, NUMBER ONE FOR A FIRST CASE OR STAFF UPDATE.

AND, AND, AND THAT'S IN THE JUNE MEETING, CORRECT? THAT'S THAT'S IN JUNE AND YES, WE SHOULD DEFINITELY PUT THE, UM, THE ANNUAL REVIEW FOR DISCUSSION AND POSSIBLE ACTION ON THE JUNE MEETING AS WELL.

AND OUR CITIZENS COMMUNICATION THAT WAS ON, I'M NOT FAMILIAR WITH THIS PROPERTY, THE 9,500 APARTMENTS.

IS THIS SOMETHING THAT, UM, CAN YOU TELL US AS CODE LOOKING AT THAT? OR, I MEAN, IT SOUNDS LIKE THERE ARE SOME ACTIVE CODE CASES.

I AM NOT FAMILIAR WITH THAT PROPERTY.

PERHAPS SOMEONE ELSE CAN SPEAK ON THAT.

IS THERE STAFF HERE THAT WOULD KNOW ANYTHING ABOUT DANI 500 APARTMENTS DIRECTOR RODRIGUE OR IS, UM, SUPERVISOR RODRIGUEZ STILL WITH US? OKAY.

WELL, YEAH, I DON'T, I DON'T HAVE ANY, I DON'T HAVE ANY KNOWLEDGE RIGHT NOW ON THAT ONE.

WE'RE GONNA, WE ACTUALLY TOOK ANOTHER DAY ADDRESS, SO WE'RE GONNA LOOK INTO IT AND WE'LL ACTUALLY TAKE A LOOK AT THE CASES THAT ARE, THEY AREN'T SEEING WHAT THE SITUATION IS WITH THE LOCATION.

WELL, WE'LL, YEAH, WE'LL RUN THE BOARD BACK TO YOU.

OKAY.

OKAY.

AND AS ALWAYS, UM, YOU KNOW, BRING IT TO US IF, AND WHEN IT'S APPROPRIATE, WHEN YOU ARE ABLE TO PREPARE A CASE FOR US, IF IT NEEDS TO GO TO THAT STAGE.

AND, UM, YEAH, WE WOULD JUST LIKE TO SOUND LIKE IT NEEDS SOME ATTENTION.

OOPS, SORRY.

NOT ABLE TO ADD TO THE NEXT AGENDA.

OKAY.

WELL THAT'S ALL I HAVE CHAIR.

OKAY.

SAME HERE.

UM, ALL RIGHT, WELL THANK YOU EVERYONE.

UM, I'M GLAD WE GOT THROUGH THIS BY NINE 30 AND A MEETING IS ADJOURNED.

LET THE RECORD SHOW THAT THE TIME IS ACTUALLY IT'S 9:29 PM FOR THE RECORD.

THANK YOU.

THANK YOU, EVERYONE.

SEE YOU IN A COUPLE OF WEEKS.

THANK YOU.

HOW'S IT FEEL NAVIGO IS YOU WAY .