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[00:00:04]

YOU STARTED IF, IF CITY HALL IS READY, WE ARE READY.

YES.

EXCELLENT.

OKAY.

GOOD EVENING.

[CALL TO ORDER]

I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR AUGUST 25TH, 2020 21.

UH, LET THE RECORD REFLECT THAT THE TIME IS 6:37 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 ALSO AS A REMINDER, UH, TO ALL THE COMMISSIONERS, PLEASE KEEP YOUR CAMERA ON FOR THE ROLE AND FOR EVERY VOTE.

SO, UM, I AM HERE, ANDREA FRYBERGER, UH, PABLO ABILA.

OUR VICE CHAIR IS NOT WITH US TONIGHT.

SHOT A OGUN.

BODHI DOES NOT APPEAR TO BE WITH US THIS EVENING.

WORDY THOMPSON.

HELLO HERE.

THANK YOU, JOHN GREEN.

I CAN SEE YOUR HAND, BUT IF YOU COULD UNMUTE YOURSELF, JOHN.

THANK YOU.

THANK YOU, ELIZABETH MILLER HERE.

GREAT TIMOTHY STOW STEAD HERE.

THANK YOU.

AND EDWARD SEELIG.

THANKS.

AND DO WE HAVE FIRE CHIEF, TOM VOKEY WITH US THIS EVENING? CHAIR BELIEVES HE'S TRYING TO GET LOGGED ON AND HE'S HAVING SOME DIFFICULTIES.

HE'S LIKE HE'S HERE.

DO YOU WANT ME TO GO TO THE DOOR? OKAY.

THANK YOU, TOM POKEY.

YES, MA'AM.

THANK YOU.

EXCELLENT.

OKAY, GLAD YOU'RE HERE.

AND, UM, I WILL ALSO INTRODUCE JUST A COUPLE OF STAFF MEMBERS.

UH, LAUREN JOHANNIS WHO'S OUR ASSISTANT CITY ATTORNEY.

ARE YOU WITH US? YES.

AND DID I PRONOUNCE HER NAME CORRECTLY? YES, YOU DID.

OKAY.

THANK YOU.

AND MELANIE, ALLIE OR BSC COORDINATOR, MELANIE.

YOU ARE MUTED.

I'M HERE.

GREAT.

THANK YOU.

UM, OKAY.

UH, 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.

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

THE COMMISSION WILL CONSIDER 18 CASES FROM FIVE 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 ESPECIALLY TONIGHT, BECAUSE WE ARE A REMOTE THAT WOULD INCLUDE REMAINING, UM, ON MUTE, UNLESS YOU WERE ABOUT TO SPEAK, PLEASE, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.

AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.

WHEN EACH AGENDA ITEM IS CALLED, I WILL ASK IF THE OWNER AND OR REPRESENTATIVE OF THE PROPERTY IS PRESENT.

AT WHICH TIME PLEASE ACKNOWLEDGE YOU ARE PRESENT FOR YOUR CASE AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.

ANY 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.

UH, SO WE'LL OUR DESIGNATED TIMEKEEPER.

THIS EVENING, PLEASE INTRODUCE YOURSELF IS THAT YOU ADD THEM RIGHT HERE.

GREAT.

THANK YOU.

SO AFTER YOU HAVE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY UPON CONCLUSION OF BOTH YOUR AND THE CITY'S PRESENTATION OF EVIDENCE AND WITNESSES.

THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, THE COMMISSION WILL THEN HEAR PUBLIC COMMENT FROM INTERESTED PARTIES REGARDING ITEMS SET FOR ACTION ON TONIGHT'S AGENDA, 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 THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

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

WHEN YOUR CASE IS CALLED ALL WITNESSES.

[00:05:01]

THIS EVENING TESTIFY UNDER OATH, ANY PERSON WHO WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION WILL NOW BE SWORN IN AND TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I WILL READ OUT THE OATH AT AFTERWARDS.

I WILL ASK YOU TO SPEAK UP.

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 THIS OATH, PLEASE UNMUTE YOURSELF AND STATE.

SO NOW I DO.

OKAY.

THANK YOU.

IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION

[CITIZEN COMMUNICATION: GENERAL]

AND THE REST OF THE AGENDA ITEMS. SO I BELIEVE WE HAVE TWO PEOPLE SIGNED UP FOR CITIZEN THIS EVENING.

YES, WE SHOULD HAVE ONE TENANT FROM EULAR FLATS, UM, SOMEWHAT.

OH, AND COULD WE ACKNOWLEDGE THAT SHADA IS HERE, UH, SHODDY, OGUN BUG WELCOME.

BUDDHA IS HERE WITH US.

OH YES.

GREAT.

UH, SHADAE OGUN BODA.

IF YOU COULD UNMUTE YOURSELF AND LET US KNOW YOU'RE HERE, HE MIGHT STILL BE MUTED.

SHE, UH, WE, WE STILL CAN'T HEAR YOU.

UM, AND, AND MISS ALLIE, YOU ARE VERY DIFFICULT TO HEAR TOO.

YOU'RE VERY QUIET.

OKAY.

I WILL SPEAK LOUDER.

EXCELLENT.

MY MICROPHONE.

OKAY.

OKAY.

UH, COMMISSIONER OGUN.

BODA.

WOULD YOU LIKE TO TRY AGAIN? YEAH.

I'M SORRY.

I'M HAVING SOME DIFFICULTIES PRESENT.

I CAN HEAR YOU NOW.

EXCELLENT.

OKAY.

THANK YOU.

AND AS A REMINDER, PLEASE, UM, ACTUALLY, IF YOU COULD TURN ON YOUR CAMERA, UH, FOR EACH VOTE AND, UM, AS SOON AS YOU CAN, IF YOU'RE HAVING TECHNICAL DIFFICULTIES, I UNDERSTAND.

OKAY.

SO MOVING ON TO CITIZEN COMMUNICATION.

UM, THIS EVENING WE HAVE JASON STONE WHO I BELIEVE IS SIGNED UP TO SPEAK ON 10 71 CLAYTON LANE, WHICH IS MUELLER FLATS APARTMENTS.

ARE YOU WITH US THIS EVENING? JASON STONE.

ARE YOU WITH US? WE CAN'T HEAR YOU.

IF YOU ARE SHARE.

I DON'T SEE THAT NUMBER ON THE LINE RIGHT NOW.

OKAY.

OKAY.

WELL, LET'S MOVE ON TO THE NEXT SPEAKER AND PERHAPS HE WILL SHOW UP HOW DO WE HAVE, AND I APOLOGIZE FOR NOT PROBABLY NOT PRONOUNCING YOUR NAME CORRECTLY.

DO WE HAVE JERRY MAR URANA HERE TO SPEAK.

YEAH, THIS IS HURRICANE HEMI.

YES, WE CAN.

THANK YOU.

AND YOU ARE HERE TO SPEAK ON 9,500 DECILE ROAD, THE 9,500 APARTMENTS.

IS THAT CORRECT? YES.

OKAY.

PLEASE GO AHEAD.

THANK YOU.

MY NAME IS JOHNNY MADONNA ORGANIZING DIRECTOR WITH BUSTA AND I HAVE BEEN WORKING WITH THE TENANTS ASSOCIATION OF 9,500 DEPARTMENTS SINCE MARCH OF THIS YEAR, THE 9,500 APARTMENTS TENANTS ASSOCIATION LEFT THE JUNE BSE MEETING, FEELING VALIDATED PERMISSIONING RECOGNIZE THE HARM THAT HAD BEEN INFLICTED ONTO TENANTS FOR THE MONTHS, SINCE THE STORM FOR MONTHS LEADING UP TO THE JUNE BSE MEETING TENANTS AT 9,500 LIVED IN UNITS WITH MISSING PIECES OF WALLS AND CEILINGS, EXPOSED INSULATION AND WIRING ROACHES AND RATS COMING IN FROM EXPOSED WALLS, MOLD AND WATER DAMAGE.

AND WITH LITTLE COMMUNICATION FROM MANAGEMENT, SOME TENANTS HAVE MOVED OUT OF FRUSTRATION AND OTHERS HAVE MOVED OUT AFTER BEING THREATENED WITH NOTICES OF LEASE TERMINATION BECAUSE OF THE DAMAGE TO THEIR UNITS, THE TENANTS ASSOCIATION AND BUSTA HOOKED UP THE STRONG G JUNE BFC ORDERS WITH SIGNAL TO CORPORATE LANDLORDS LIKE ARCHWAY EQUITIES, THAT THEY WOULD BE HELD ACCOUNTABLE FOR MONTHS OF TENANT NEGLECT IN RESPONSE TO THE JUNE ORDERS, 9,500 APARTMENTS SUED THE CITY AND THE BSC.

WE DO NOT KNOW THE EXACT STATUS OF THE LAWSUIT, BUT IT DOES SEEM LIKE YOUR JUNE ORDERS DID RESULT IN 9,500 APARTMENTS, ACTUALLY MAKING SOME REPAIRS WHILE WE CAN'T CONFIRM IF REPAIRS WERE COMPLETED IN THE VACANT UNITS, THE TENANTS OF OCCUPIED UNITS WHO WE SPOKE WITH HAVE TOLD US THAT OUR LONG LAST REPAIRS WERE MADE.

ONE TENANT MENTIONED THAT WHILE HOLES WERE FIXED, THE DRYWALL HAD YET TO BE TEXTURED AND PAINTED.

THE CODE VIOLATION APPEARS TO HAVE BEEN CLOSED, EVEN THOUGH THE WORK IS NOT COMPLETED WHILE WE DO NOT THINK OF VIOLATIONS SHOULD BE CLOSED WITHOUT THE REPAIR BEING DONE IN A WORKMAN-LIKE MANNER.

AS THE INTERNATIONAL

[00:10:01]

PROPERTY MAINTENANCE CODE REQUIRES THE FACT THAT MANY REPAIRS WERE MADE AFTER THE BSCS JUNE ORDER MAKES IT EVIDENT THAT THE BSE AND AUSTIN CODE ENFORCEMENT CAN BE EFFECTIVE IN HELPING TENANTS SUFFERING, NEGLECT IN THEIR UNSAFE LIVING CONDITIONS.

THERE ARE STILL OPEN CODE VIOLATIONS AT 9,500 APARTMENTS, INCLUDING SOME WHOSE DEADLINES HAVE PASSED.

WE URGE CODE TO ESCALATE THOSE VIOLATIONS TO YOU AND ASK THAT YOU THEN CONTINUE TO HOLD LANDLORDS ACCOUNTABLE FOR THEIR PERSISTENT DISREGARD OF AUSTIN CODES, NOTICES OF VIOLATION AND THE HEALTH OF AUSTIN RENTERS.

THANK YOU.

THANK YOU, MS. ARENA.

AND, UM, AS A REMINDER, OF COURSE WE ARE NOT POSTED FOR DISCUSSION OR ACTION ON THIS ITEM THIS EVENING.

UM, BUT I DO THANK YOU FOR COMING AND TALKING WITH US ABOUT THIS.

THANK YOU.

OKAY.

AND I'LL CHECK IN ONCE MORE.

DO WE HAVE JASON STONE ON THE LINE TO SPEAK ON THE MILLER FLATS APARTMENTS CHECKING IN REAL QUICK CHAIR? I STILL DON'T SEE THAT NUMBER.

SURE.

OKAY.

OKAY.

THANK YOU, ADAM.

UH, I THINK, UM, MISS ALLIE, WE WILL ACTUALLY, LET'S GO TO APPROVAL OF THE MINUTES,

[APPROVAL OF MINUTES (Part 1 of 2)]

RIGHT.

AND THE COPY OF THE DRAFT MINUTES ARE IN THE GOOGLE DRIVE FOLDER.

IF ANYONE WOULD LIKE TO REVIEW THOSE, WHAT DO YOU DO NOT HAVE TO HAVE BEEN AT THE LAST MEETING? THE MINUTES OF JUNE 21 SUSPENDERS COMMISSION, UH, COMMISSIONER MILLER, I THINK YOU MUST BE MUTED.

UM, YES, I JUST, I WAS LOOKING AT THE MINUTES AND I REMEMBERED THAT WE ADDED MORE DETAILED LANGUAGE TO OUR ORDER FOR 9,500 DSI ROAD.

AND I DIDN'T SEE THOSE REFLECTED IN THE MINUTES.

I THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE THEM.

OKAY.

UH, MS. JOHANNES, UH, ARE WE ABLE TO DO THAT OR MISS ALLIE? I HAVEN'T EVER HAD TO GO BACK AND, UH, EDIT MINUTES.

UH, WOULD LAUREN, WOULD THAT BE, UM, SOME, WOULD I GO AND EDIT THOSE AND THEN WE WOULD BRING THEM BACK NEXT MONTH TO VOTE ON AGAIN? UM, I'LL HAVE TO LOOK INTO THAT AND I CAN CIRCLE BACK WITH MELANIE, UM, AND YOU ALL ON WHAT THE EXACT PROCEDURE FOR THAT'S GOING TO BE.

OKAY.

SO WE HAVE A MOTION ON THE TABLE.

WE COULD JUST LET THIS ONE DIE AND WE COULD BRING IT UP AGAIN AT THE END OF THE MEETING AND DECIDE IF WE WANT TO JUST SEE IF IT IS AN OPTION TO HAVE IT REVISED AND BRING IT BACK NEXT MONTH.

DOES THAT SOUND ALL RIGHT TO EVERYONE? I'M SEEING A LOT OF HEADS NODDING, SO W WE'LL MOVE THAT TO THE END OF THE MEETING.

OKAY.

OKAY.

UM, MS. ALLIE, I BELIEVE WE ARE READY TO MOVE ON TO

[1. Case Number: CL 2017-111475 Property address: 2215 E. Anderson Lane Service Road EB / Owner: Ghassan A. Karim, LLC Staff presenter: Marlayna Wright, Austin Code Department Staff recommendation: Issue new order for demolition Previous Commission action: Rescinded demolition order issued May 26, 2021; and continued from June 23, 2021 meeting New Case(s): The Commission will hear the following cases concerning alleged violations of the City’s Property Maintenance Code and may issue an order to vacate, relocate occupants, repair, demolish, or secure the premises; and may assess civil penalties:]

ITEM.

NUMBER ONE, ITEM.

NUMBER ONE ON THE AGENDA IS A RETURNING CASE.

THE PROPERTY ADDRESS IS 2, 2, 1 5 ANDERSON LANE.

AND THE CASE NUMBER IS 2017 9 5 9 3 7 9.

THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER AT THE JUNE MEETING, THE DEMOLITION ORDER ISSUED IN MAY WAS RESCINDED DUE TO TIME CONSTRAINTS.

THE CASE WAS CONTINUED TO ADDRESS THE CURRENT VIOLATIONS AT THE PROPERTY AND CONSIDER ISSUING A NEW ORDER.

AS YOU KNOW IT LAST MONTH, LAST MONTH'S MEETING WAS CANCELED.

SO THE CASE IS HERE BEFORE YOU TONIGHT, LET'S REVIEW A FEW FACTS ABOUT THE CASE.

HOW'S MS. SALLY.

I'M SO SORRY TO INTERRUPT.

ARE YOU NOT HERE? I SHOULD HAVE CONFIRMED IF THE PROPERTY REPRESENTATIVE IS ACTUALLY WITH US ON THE LINE THIS EVENING.

OKAY.

SO I BELIEVE WE HAVE A MAGAZINE, SOMEBODY SO BITEY WITH US THIS EVENING.

YES, THIS IS YES.

THIS IS .

I REPRESENT THE GUARDIAN OF MR. GIBSON KARIM, WHO IS THE SOLE OWNER.

HE'S AN INCAPACITATED PERSON IN THE SOLE OWNER OF THE LLC THAT OWNS THAT PROPERTY.

OKAY.

THANK YOU.

THANK YOU.

I APPRECIATE YOU BEING HERE.

AND DO WE HAVE A PAUL FLETCHER WITH US THIS EVENING AS WELL? WHAT'S UP.

CAN YOU LET HER OUTSIDE FOR ME? I'M SORRY, IF YOU ARE NOT SPEAKING ON THIS, COULD YOU PLEASE MUTE YOURSELF? I KNOW I WAS JUST TEXTING WITH MR. FLETCHER.

I KNOW HE SAID HE WAS ON THE LINE, BUT HE MAY NOT BE.

I DON'T, I, I DON'T KNOW IF THIS PHONE IS, UH, JUST TRYING TO LOCATE THAT NUMBER.

OKAY.

IF HE, UH, APPEARS BEFORE IT IS TIME FOR

[00:15:01]

YOU TO PRESENT YOUR EVIDENCE, I WILL, I WILL SWEAR HIM IN AT THAT TIME.

OKAY.

SO SORRY, MISS ALLIE, IF YOU WOULD, THERE IS THIS PAUL FLETCHER? YES.

OKAY.

YES, YOU WERE EXCELLENT.

OKAY.

MISS ALLIE.

SO SORRY, IF YOU COULD PROCEED AND I'LL START OVER ITEM.

NUMBER ONE ON THE AGENDA IS A RETURNING CASE.

THE PROPERTY ADDRESS IS 2 1 5 ANDERSON LANE AND HIS CASE NUMBER 2017 9 5 9 3 7 9.

THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER AT THE JUNE MEETING, THE DEMOLITION ORDER ISSUED IN MAY WAS RESCINDED DUE TO TIME CONSTRAINTS.

THE CASE WAS CONTINUED TO ADDRESS THE CURRENT VIOLATIONS AT THE PROPERTY AND CONSIDER ISSUING A NEW ORDER.

AS YOU KNOW, LAST MONTH'S MEETING WAS CANCELED.

SO THE CASES HERE AGAIN, BEFORE YOU TONIGHT, LET'S REVIEW SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT A VACANT ABANDONED COMMERCIAL PROPERTY LOCATED IN NORTHEAST AUSTIN, WHICH IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS.

WHEN FIRST HEARD BY THE COMMISSION IN 2017, THE BUILDING HAD BEEN ILLEGALLY CONVERTED FROM A COMMERCIAL OFFICE BUILDING INTO A ROOMING AND BOARDING HOUSE AT THE SEPTEMBER 27TH, 2017, MEETING THE BSC HEARD THIS CASE AND ISSUED AN ORDER THAT INCLUDED REPAIR VACATE BOARD INSECURE AS WELL AS A 24 HOUR FIREWATCH AND OTHER SAFETY REQUIREMENTS IN RESPONSE TO THE 2017 ORDER, THE BUILDING WAS VACATED AND BOARDED AND SECURED.

HOWEVER TO DATE NEVER REPAIRS HAVE BEEN MADE FURTHER.

THE BUILDING HAS SINCE BECOME A HAVEN FOR VANDALISM AND DRUG ACTIVITY.

THE PROPERTY IS IN CLOSE PROXIMITY TO A BANK, A SCHOOL, AND A LARGE APARTMENT COMPLEX AND NUMEROUS BOARD INSECURES AND ABATEMENTS HAVE HAD, HAD TO BE PERFORMED AT OUR MAY 26 MEETING.

THE CASE RETURNED THIS TIME FOR A DEMOLITION ORDER.

AND THE 2017 REPAIR ORDER WAS RESCINDED.

THE CASE RETURNED IN JUNE FOR RECONSIDERATION OF THE DEMOLITION ORDER, DUE TO NOTIFICATION ERRORS, THE DEMOLITION ORDER WAS RESCINDED.

HOWEVER, DUE TO TIME CONSTRAINTS, THE CASE WAS CONTINUED TO ADDRESS THE EXISTING VIOLATIONS AND POTENTIALLY ISSUE A NEW ORDER.

TONIGHT STAFF IS BRINGING THIS CASE BACK TO THE COMMISSION TO RECOMMEND DEMOLITION OF BOTH THE PRIMARY AND ACCESSORY STRUCTURES.

AS THESE STRUCTURES REMAIN UNFIT FOR HUMAN HABITATION AND CONTINUE TO BE A HEALTH AND SAFETY HAZARD IN YOUR GOOGLE DRIVE FOLDER.

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

AND THE PREVIOUSLY ISSUED BSC ORDER EXHIBIT EIGHT, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EIGHT, EIGHT THROUGH EIGHT X.

AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE DIVISION MANAGER.

ROBERT MOORE IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.

AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS DIVISION MANAGER MORE, PLEASE BEGIN YOUR TESTIMONY, PROBABLY DIVISION MANAGER MORE.

OR ARE YOU WITH US THIS EVENING? THAT'S NOT, HE HAD JOINED US.

ADAM, ARE YOU ABLE TO CONFIRM IF ROBERT MORRIS ON THE LINE, JERRY, I JUST HAD A RUBBING OR DID THE SCREEN AND HE'S ON MUTE.

AND SO I DON'T KNOW WHAT ELSE TO DO.

SORRY.

HELLO? CAN YOU HEAR ME? YES.

YES.

OKAY.

SORRY ABOUT THAT.

I WAS ACTUALLY ON THE PHONE LINE, UH, AND, UH, I DON'T KNOW.

I COULDN'T, I WAS UNMUTING THERE, BUT I GUESS I WAS LED IN HERE.

SO I'M SORRY FOR THE DELAY, EVERYBODY.

OKAY.

SO I CAN Y'ALL CAN HEAR ME FINE.

WE CAN'T YES, PLEASE.

PLEASE PROCEED.

GLAD YOU'RE WITH US.

OKAY.

SORRY.

UH, GOOD EVENING COMMISSIONERS.

MY NAME IS ROBERT MOORE AND I'M A DIVISION MANAGER FOR THE AUSTIN CODES CASE REVIEW AND ESCALATION DIVISION.

THE PROPERTY I'M BRINGING BEFORE YOU IS A VACANT, DILAPIDATED, DANGEROUS COMMERCIAL PROPERTY LOCATED AT 2215 EAST ANDERSON LANE HERE IN AUSTIN,

[00:20:01]

TEXAS, THE OWNER HAS BEEN IDENTIFIED AS HASSAN, A KAREEM LLC REGARDING THE OWNERSHIP.

AUSTIN CODE HAS HAD NO RECENT COMMUNICATION WITH THE OWNER.

ONLY THE OWNER'S DAUGHTER, WHO IS THE GUARDIAN AD LITEM AND HUSBAND MAZDA, AND SOMEBODY WHO IS THE REPRESENTING ATTORNEY.

THE AUSTIN CODE DEPARTMENT HAS ALSO BEEN IN COMMUNICATION WITH MR. PAUL FLETCHER, WHO IS A REPRESENTATIVE FOR THE LIEN HOLDER, DESPITE ONGOING COMMUNICATION WITH BOTH PARTIES, NEITHER THE OWNER'S REPRESENTATIVE OR THE LIEN HONERS OR LIEN HOLDERS REPRESENTATIVE HAVE RESPONDED TO ANY REQUESTS TO BOARD AND SECURE WHEN NEEDED OR MAINTAIN THE PROPERTY PER CITY CODE.

THE CREDIT DIVISION WAS ASSIGNED TO THIS CASE IN AUGUST, 2019.

AND AFTER PERFORMING MANY FOLLOW-UP INSPECTIONS, WE CAN ATTEST THAT THIS PROPERTY POSES A TO THE COMMUNITY, THE INTERIOR HAS SUFFERED MAJOR DAMAGE DUE TO VANGELIS ACTIVITY.

THE INTERIOR IS LITTERED WITH TRASH SHOPPING, CARTS, INSTALLATION, DAMAGE SHEET, ROCK, HUMAN WASTE, AND MANY OTHER UNSIGHTLY AND OBJECTIONABLE MATERIALS.

THE EXTERIOR OF THE STRUCTURE HAS ALSO SUFFERED DAMAGE AND DETERIORATION AND HAS BEEN TAGGED WITH GRAFFITI EVERY DOOR AND WINDOW ON THE MAIN STRUCTURE HAS BEEN BOARDED MANY TIMES OVER BY THE AUSTIN CODE DEPARTMENT.

THERE WAS ALSO A DETACHED RED MORGAN SHED LOCATED IN THE REAR THAT HAS HAD PARTS OF THE PANELING REMOVED TO MAKE ENTRY AND LIVING QUARTERS FOR ANYONE WHO PASSES BY SINCE DECEMBER, 2017, THIS PROPERTY HAS BEEN EMERGENCY BOARDED AND SECURED A TOTAL OF 12 TIMES AND ABATED FOUR TIMES THE PROPERTY IS NOW DUE FOR ITS 13TH BOARD AND SECURE AND FIFTH ABATEMENT.

AND HAS THE COST THE CITY OF AUSTIN OVER $14,000 TO DATE, THE CITY IS AWARE OF THE SITUATION BETWEEN LIEN HOLDER AND OWNER, AND THAT THEY COULD LOSE ASSETS AND MONEY.

IF A DEMOLITION, IF A DEMOLITION WERE TO TAKE PLACE, THE CITY WOULD LIKE THE RECORD TO SHOW THAT IS ALREADY LOST ASSETS AND MONEY AND CONTINUES TO DO SO WHILE THE STRUCTURE STILL STANDS, THE AUSTIN CODE DEPARTMENT IS REQUESTING A DEMOLITION ORDER, NOT BECAUSE OF THE IMMINENT STRUCTURAL INTEGRITY OF THE STRUCTURE, BUT BECAUSE IT IS A SEVERE ATTRACTIVE NUISANCE THAT IS IN CLOSE PROXIMITY TO A SCHOOL AND IS A DANGER TO THE PUBLIC HEALTH AND SAFETY OF THE COMMUNITY FIRE DIVISION.

CHIEF MARSHALL VOKEY IS ALSO IN ATTENDANCE TONIGHT TO ECHO THE REQUEST FOR DEMOLITION OF THIS STRUCTURE.

I WILL NOW PRESENT THE PHOTOS OF THIS PROPERTY.

OKAY.

DON'T SEE THEM.

HOLD ON.

OKAY.

HERE WE GO.

UH, EIGHT EIGHT SHOWS JUST A CONTEXTUAL PHOTO FROM THE ROADWAY OF THE EXTERIOR OF THE FRONT OF THE PROPERTY.

YOU CAN SEE IT'S OVERGROWN AGAIN AND GRAFFITI, UH, NEXT PHOTO PLEASE, AND IS A DANGER TO THE PUBLIC HEALTH AND SAFETY.

THIS IS A CLOSEUP VIEW OF THE FRONT.

NEXT PHOTO.

PLEASE SHOW THE ADDRESS.

HERE IS THE SIDE ENTRANCE THAT LEADS TO THE REAR OF THE STRUCTURE.

NEXT PHOTO PLEASE.

UM, HERE'S THE EXTERIOR AT ONCE AGAIN? IT'S OVERGROWN, UM, THERE'S A RECENT PHOTO AND THE RIGHT EIGHT E UPPER TOP, UH, PICTURE THAT SHOWS A BOARD HAS BEEN REMOVED AGAIN.

UH, HENCE THE REASON IT'S SCHEDULED FOR ANOTHER BOARD, UM, ANOTHER BROKEN WINDOW DOWN AT EIGHT F AND THEN THERE'S THE RED MORGAN SHED.

THAT'S ALWAYS OPEN AT EIGHT G NEXT PHOTOS, PLEASE.

UM, HERE'S SOME MORE PHOTOS JUST TO SHOW YOU SOME MORE CONSTANT CONTEXT OF THE BUILDING, THE SIZE OF IT, AND HOW MANY BOARDS ARE ABLE TO BE REMOVED AND ACCESS AND ENTRY ACCESS AND ENTRY POINTS.

NEXT PHOTO, PLEASE.

OKAY.

NOW WE'RE MOVING ON TO THE INSIDE AND, UM, YOU KNOW, JUST TO SAVE TIME, WE'RE ONLY GOING THROUGH A COUPLE OF PHOTOS, BUT PRETTY MUCH THE ENTIRE INSIDE LOOKS LIKE THIS.

UM, YOU CAN SEE SHEET, ROCK DESTRUCTION THERE, UH, EXPOSED WIRING, UM, TRASH AND DEBRIS ALL THROUGHOUT NEXT PHOTOS, PLEASE.

SOME MORE, UM, PHOTOS OF THE INTERIOR ALSO SHOWS INSULATION STRONG ABOUT, UM, SOME DAMAGED PLUMBING, MORE DAMAGED SHEET ROCK, NEXT PHOTOS, PLEASE HERE AGAIN, DAMAGE TILE DAMAGE SHEET ROCK.

UM, THERE WAS AN ELECTRICAL PANEL THAT'S OPEN AND ACCESSIBLE.

UH, EIGHT W SHOWS ANOTHER, UH, MORE ELECTRICAL WIRING HANGING ABOUT NEXT PHOTOS, PLEASE.

AND HERE'S A, JUST A AERIAL TO SHOW YOU, UH, WHERE THE SCHOOL IS, HOW CLOSE THE PROXIMITY IT IS, UH, NEXT PHOTOS.

AND THAT COMPLETES MY PRESENTATION.

I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITION SHOWN IN THESE PHOTOGRAPHS.

[00:25:01]

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

STAFF ASKS A COMMISSION TO ADMIT EXHIBIT SEVEN, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBIT EIGHT, EIGHT THROUGH EIGHT ACTS, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY.

PERMITS, DEMOLISH ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED AND THREE REQUESTS INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AND ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH AND THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR.

THANK YOU, MS. ALLIE, I'LL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBIT SEVEN AND EIGHT A THROUGH EIGHT X.

AND DO WE HAVE ANY OTHER WITNESSES FOR THE CITY? DO WE HAVE, UH, ANDRE BLACK WITH US CHAIRMAN LOOK FOR THAT NUMBER.

I'M SORRY.

DID YOU SAY YOU DON'T SEE THAT NUMBER? LET ME LOOK FOR REAL QUICK, PLEASE.

OKAY.

UH, MANUEL CHIEF FOCI, WOULD YOU LIKE TO SAY ANYTHING? UH, YES.

MA'AM.

WE DO CONSIDER THIS A DANGEROUS STRUCTURE FROM THE PERSPECTIVE OF THE FIRE DEPARTMENT, THE INTERIOR CONDITIONS WITH ALL THE EXPOSED WOOD AND THE FREQUENT, UH, USE OF, OF PEOPLE STAYING THERE ON A REGULAR BASIS MAKES IT EXTREME CONCERN FOR US AND FOR FIREFIGHTERS THAT MAY HAVE TO GO TO THAT LOCATION FOR A FIRE.

SO, UH, WE DO CONSIDER IT A DANGEROUS STRUCTURE AND, UH, YOU KNOW, WE DO SUPPORT, UH, UH, COACH RECOMMENDATION ON THIS.

OKAY.

THANK YOU, CHIEF.

OKIE.

AND, UM, DO WE KNOW IF ANDRE BLIND, ANDRE BLACK IS ON THE LINE? I'VE, UN-MUTED ALL THE NUMBERS, CAUSE I DON'T SEE THAT NUMBER ON MY LIST, BUT, UH, ALSO, I DON'T KNOW IF THEY ACTUALLY CALLED IN, IN, IN GENERAL.

SO THAT'S THE STATUS IF I DON'T HEAR ANYONE RESPONDING, SO I DON'T THINK THEY'RE ON THE LINE.

OKAY.

OKAY.

THANK YOU.

UH, SO AT THIS TIME I WILL TURN THIS OVER TO MOZ ON SOBRIETY AND, UH, PAUL FLETCHER AND, UM, UNLESS YOU PREFER OTHERWISE, I THINK I WOULD RECOMMEND THAT WE JUST GO AND ORDER AND HAVE MILES ON MILES AND GO FIRST.

AND, UM, OF COURSE, IF YOU HAVE QUESTIONS FOR THE CITY WITNESSES, YOU MAY ASK THEM NOW AS WELL BEFORE YOU GIVE YOUR PRESENTATION.

UH, THANK YOU.

THIS IS .

I I'M GOING TO SPLIT MY TIME, I GUESS, WITH MR. FLETCHER, UH, JUST BY WAY OF UPDATE IN TERMS OF OUR PRESENTATION.

WE, WE HAVE NOW WE, THE, THE WARD, THE ESTATE DOESN'T HAVE THE FINANCIAL WHEREWITHAL TO DO THE THINGS THAT ARE HAPPENING THAT ARE BEING REQUESTED OR THEY'RE BEING REQUESTED TO BE ORDERED.

THERE'S ANOTHER CONFOUNDING PROBLEM, WHICH IS THAT BECAUSE WE'RE IN THE PROBATE COURT AND OR ANY ORDER THAT WOULD BE ISSUED WOULD HAVE TO STILL BE AUTHORIZED AS OUR UNDERSTANDING BY THE PROBATE COURT AND THE PROBATE JUDGE, BOTH TO EXPEND THE MONEY IF IT EXISTS, WHICH I DON'T BELIEVE IT DOES, BUT ALSO IN ORDER TO PUT, TO BRING EVERYTHING IN COMPLIANCE.

THE LAST TIME WE MET, UH, WE WERE IN THE PROCESS OF WORKING WITH THE PROBATE COURT, WORKING WITH THE LIEN HOLDER, WHOSE COUNSEL IS ON THE PHONE AND OTHER STAKEHOLDERS TO TRY TO GET IT TO THE POINT WHERE THE PROPERTY COULD BE MOVED TO SOMEBODY WHO CAN MANAGE IT.

AND WE BELIEVE WE'VE ACCOMPLISHED THAT, BUT WE ARE ONCE AGAIN, AWAITING COURT APPROVAL OF OUR RESOLUTION.

UH, AND SO ONE OF THE PROBLEMS WE HAVE IS THAT JU THAT DESPITE THE FACT THAT AN EDICT WAS GIVEN TO BOARD UP AND REPAIR, THAT EDICT WASN'T PRESENTED TO THE PROBATE COURT, BECAUSE THAT'S THE PERSON, THAT'S THE ENTITY, UH, WITH THE AUTHORITY TO, TO AUTHORIZE AND TO MAKE SURE THAT THOSE REPAIRS HAPPEN AND THEY DON'T, AND IT DOESN'T HAPPEN OVERNIGHT.

AND IT CERTAINLY DOESN'T HAPPEN WITHOUT A MOTION AND THE EXPENDITURE OF FUNDS AND FEES.

AND SO REALLY WHAT I HAVE TO SAY ON, ON ALL OF THIS IS I UNDERSTAND THE PREDICAMENT.

[00:30:01]

UH, THAT'S, THAT'S BEEN, UH, RAISED HERE.

I, I DISAGREE WITH WHAT I WOULD CALL THE GENERAL CHARACTERIZATIONS AND LEGAL CONCLUSIONS REACHED BY, BY THE CITY.

AND IT'S FINDINGS OF FACT, UH, YOU KNOW, THERE'S, I DIDN'T HEAR ANY EVIDENCE OF ANY ACTUAL INJURIES.

I CAN APPRECIATE THE FACT THAT, THAT THE PERCEPTION IS THAT THIS POSES A RISK.

UH, HOWEVER YOU HEARD IN THE OPENING THAT AT ONE POINT THIS WAS AN OFFICE BUILDING ILLEGALLY TURNED INTO, UH, WITHOUT VIOLATION OF THE CODE, TURNED INTO A MULTIUNIT, UH, RESIDENCE.

AND IT WAS THAT MULTI-EVENT RESIDENCE THAT WAS ALLOWED TO BE SOLD TO THE WORD WHO WAS AN INCAPACITATED PERSON WITHOUT ANY CITY INTERVENTION AND WITHOUT ANY NOTICE THAT IT WAS OUTSIDE OF CODE AND WITHOUT ANY HELP.

AND HE WAS RELYING ON THE PROFESSIONALS WHO WERE SUPPOSED TO, YOU KNOW, PROTECT HIM FROM THOSE TYPES OF THINGS.

SO WE'RE IN, LIKE I SAID, A REAL PREDICAMENT HERE, WHICH IS WE DON'T, WE KIND OF HAVE OUR HANDS TIED ABOUT HOW MUCH WE CAN AND CANNOT DO.

AND SO I WOULD JUST ASK YOU TO TAKE THAT INTO CONSIDERATION BEFORE PUTTING IN AN ORDER WITH A 30 DAY TIMELINE, UH, ABSENT, WHICH, YOU KNOW, OTHER THINGS THEN HAPPEN OR, OR A DEMOLITION HAPPENS, AND I'M GOING TO TURN IT OVER TO MR. FLETCHER.

CAUSE I THINK I'M GOING TO LET HIM ADVOCATE FOR, AND LET HIM COVER ANYTHING THAT I MISSED IN AND EXPLAINED TO YOU, UH, THE LIEN HOLDERS POSITION.

CAUSE THEY'RE GOING TO BE THE ONE, UH, NURTURING TO THIS PROPERTY, HOPEFULLY IN THE VERY NEAR FUTURE.

PAUL, ARE YOU STILL THERE? CAN YOU HEAR ME? YES, PLEASE.

GO AHEAD.

MR. FLETCHER.

OKAY.

UH, W I CONCUR WITH WHAT MUSLIMS SAID.

UM, I ALSO WANTED TO KIND OF MAKE TWO POINTS.

UM, I UNDERSTAND THAT THERE'S SOME TESTIMONY ABOUT 12 BOARDINGS GOING ON 13TH AND FORWARD LANES.

THE LIEN HOLDER WAS UNAWARE, DID NOT RECEIVE NOTICE OF 12 SETS OF VIOLATIONS.

I THINK WE TALKED ABOUT THAT THE FIRST TIME WE MET, WE DID HERE.

UM, I THINK JUST LAST TUESDAY OR WEDNESDAY THAT A BOARD HAS BEEN REMOVED, FRANKLY, I COULDN'T SEE FROM THE PICTURE, UM, WHAT BOARD WAS REMOVED BY.

WE UNDERSTAND THAT A BOARD HAS BEEN REMOVED.

WE HAVE POSTED THE PROPERTY FOR FORECLOSURE, AND WE ARE PENDING A COURT DATE BEFORE, UM, UH, THE PROBATE COURT ON SEPTEMBER 1ST AND ORDER TO TRIED TO APPROVE THE SALE OF THE PROPERTY.

AND ONE OF TWO THINGS WILL HAPPEN.

EITHER SOMEONE WILL BUY THAT PROPERTY WITH NOTICE OF YOUR ORDERS AND THE HISTORY, UM, OR NO ONE WILL BUY THE PROPERTY IN WHICH THE LIEN HOLDER WILL OWN IT.

UM, AND THEN THEY'LL HAVE TO DO WHAT NEEDS TO BE DONE.

UH, BUT WHAT WE WOULD HAVE REQUESTS THAT THE BOARD DO TODAY IS BASICALLY HOLD THIS IN A BALANCE WE'VE MOVED FORWARD SINCE WE'VE LAST MET, WE HAVE IT POSTED FOR SALE.

WE HAVE THE COURT READY TO HEAR OUR REQUEST TO SELL THE PLACE PROPERTY FOR, UM, THE PROPERTY OWNER TO ABANDON THE PROPERTY, UM, AND POTENTIALLY GET THIS INTO SOME NEW HANDS, UH, WITH A NEW OWNER WHO CAN, UM, TAKE CARE OF IT, WHICHEVER WAY THEY ELECT TO PROCEED, IF THEY WOULD TRY TO WANT TO REPAIR IT, HOPEFULLY THEY CAN COME TO YOU WITH A PLAN TO REPAIR IT, OR IF THEY WANT A DEMO, THEN THEY CAN GO FORWARD AND DO THAT.

BUT WE ARE CERN THAT PUTTING AN ORDER RIGHT NOW, UH, WELL, BECAUSE TWO THINGS, UH, AUTOMATIC APPEAL, OKAY.

AND POSSIBLY CHILLING THE SALE THAT WOULD BE SET ON SEPTEMBER 7TH BECAUSE NOW THIS ORDER WOULD BE OUT THERE.

SO ANYBODY WHO GOES TO A FORECLOSURE SALES AND SEES THAT THE CITY WANTS IT TO MODEL ISH, UH, IF THAT'S PART OF THEIR PLAN AND HEY, MAYBE THAT'S NOT A BIG PROBLEM, BUT IF IT ISN'T AND THEY WANT TO REHAB IT OR EXPAND IT BECAUSE THERE IS A LOT OF OTHER ANCHORAGE THAT CAN BE UTILIZED, UH, WE THINK THAT MIGHT SHOW THE SALE.

SO WE CERTAINLY RECOGNIZE THE NEED TO HAVE THE PROPERTY SECURED.

UM, BUT WE ALSO SO RECOGNIZE THE NEED TO TRY TO GET IT INTO SOME HANDS THAT CAN PUT IT BACK ON THE TAX ROLLS, UM, AT A HIGHER VALUE AND IMPROVE THE PROPERTY.

SO WHAT WE WOULD REQUEST IS THAT, UH, YOU JUST HOLD THIS MATTER IN A BALANCE, UH, COME BACK AT THE NEXT HEARING, UM, AND SEE WHAT THE PROBATE COURT WILL ALLOW US TO DO.

I WILL GET AT LEAST SOME GUIDANCE FROM OUR PROPOSED SETTLEMENT, UM, AND PROPOSED SALE.

UH, THE OTHER THING, JUST KIND OF PROCEDURALLY, I'M JUST GONNA NOTE MY OBJECTION TO THE EXHIBITS.

WE'RE NOT ABLE TO EVEN SEE THEM AND EXAMINE THEM, UH, IN ORDER TO EVEN, UH, RAISE ANY SUBSTANTIVE OBJECTIONS.

UH, SO I WOULD WOULD SAY THAT, AND ALSO, UM,

[00:35:01]

JUST WANT TO REITERATE THAT THE LIEN HOLDER DID NOT RECEIVE 14 NOTICES.

WE RECEIVED ONE, AND THAT WAS JUST LAST WEEK AND WE UNDERSTAND, BUT, UH, WE'RE ALSO TRYING TO GO THROUGH THE PROBATE COURT AND GET PERMISSION.

CAUSE WE, YOU MAY BE AWARE OF, WE POSTED THIS PROPERTY OVER SEVERAL MONTHS BEFORE, UH, BUT THE PROBATE COURT REMINDED US THAT WE NEEDED THEIR PERMISSION IN ORDER TO GET IT SOLD OR OTHERWISE IT MIGHT BE COMING BACK.

UH, SO THAT'S WHERE WE ARE NOW.

AND WE JUST REQUEST YOUR, UM, YOU'LL HAVE TO HOLD THIS FOR ANOTHER 30 DAYS AND GET IT TO ANOTHER OWNER WHO WILL MOVE WITH THEIR PLANS OR WITH DEMOLITION OR REPAIR.

OKAY.

THANK YOU, MR. FLETCHER AND MR. SABATA, DID YOU HAVE ANYTHING TO ADD OR ARE YOU DONE WITH YOUR TIME AS WELL? I DON'T THINK THERE'S REALLY MUCH MORE TO SAY.

THANK YOU VERY MUCH FOR LISTENING.

OKAY.

THANK YOU.

AND, UH, DIVISION MANAGER MORE.

DID YOU HAVE ANY QUESTIONS FOR THE PROPERTY OWNER AT THIS TIME OR SHALL I TURN IT OVER TO THE CONDITION FOR QUESTIONS OR YOU TURN IT OVER TO THE COMMISSION? THANK YOU.

OKAY.

THANKS.

UH, COMMISSIONERS.

I KNOW TUITION ARE GREEN.

I SAW YOUR HAND UP A LONG TIME AGO.

DO YOU STILL HAVE A QUESTION YOU APPEAR TO BE MUTED? CAN YOU HEAR ME? YES.

MY QUESTIONS HAVE BEEN ANSWERED.

THANK YOU.

OKAY, THANK YOU.

ARE THERE OTHER QUESTIONS FROM THE COMMISSIONERS? YES.

I, I DIDN'T QUITE UNDERSTAND THIS IS COMMISSION OR GO BY THEN.

UM, I DIDN'T UNDERSTAND THE TIMEFRAME OR EXPECTED TIMEFRAME FOR THE PROBATE COURT TO ISSUE SOME SORT OF DECISION.

DO WE HAVE THAT? I THINK IT WAS MR. FLETCHER.

OKAY.

YEAH.

I'LL LET HIM ANSWER.

GO AHEAD, MOZZIE.

UM, I WAS JUST GONNA SAY RIGHT NOW ON THE 1ST OF SEPTEMBER, UH, WE HAVE A, A, A HEARING IN FRONT OF THE PROBATE COURT TO APPROVE THE OUTLINES OF WHAT MR. FLETCHER AND I HAVE OUTLINED FOR YOU TODAY, THAT SETTLEMENT AGREEMENT AND THE POSTING OF THE PROPERTY FOR SALE.

I BELIEVE MR. FLETCHER HAS IT POSTED FOR SALE ABOUT A WEEK AFTER THAT.

AND SO IT'LL EITHER SELL OR IT WILL NOT SELL AND GO TO MR. FLETCHER'S CLIENT'S A CREDIT UNION AND BY THE TIME YOU HAVE, AND SO I THINK WHEN MR. FLETCHER WAS TRYING TO SAY IS BY THE TIME YOU CONVENE YOUR NEXT HEARING, ALL OF THAT WILL HAVE TAKEN PLACE, AND THERE'LL BE A LOT, BUT MAYBE A WHOLE NEW PROPERTY OWNER WHO CAN GIVE YOU THE COMFORT AND ACT ON THE SPEED, UH, THAT YOU WOULD WANT IN TERMS OF BOARDING IT UP, WHETHER THAT PROPERTY OWNER BE THE BUYER AT FORECLOSURE OR THE CREDIT UNION.

UH, BUT IT WILL BE OUTSIDE OF THE, THE PROPERTY WILL BE OUTSIDE OF THE JURISDICTION OF THE PROBATE COURT BY THEN.

AND IT JUST BE A LOT EASIER TO MANAGE THESE ISSUES AT THAT POINT.

IT'S JUST ONE MORE 30 DAY CONTINUE.

OKAY.

THANK YOU FOR THE INFORMATION THAT HELPS.

ABSOLUTELY.

OKAY.

COMMISSIONER GREEN.

YEAH.

I WANT TO BE SURE TO UNDERSTAND, UH, SO THE REPRESENTATIVE FOR THE PROPERTY, WHILE YOU'RE SAYING, IF WE CAN EXTEND YOU 30 DAYS, I MEAN, THIS IS GOING OUT TO 2017 AND IF WE CAN EXTENDING FOR 30 DAYS, BASICALLY THE CITY AND YOUR STATE AND ELEGANT, UH, UH, RECORDS, UH, THE TIMING OF THIS ISSUE.

AND, UH, WE CAN THEN WHETHER THE NEW PROPERTY OWNER DECIDES TO, UH, UH, STORE THIS PROPERTY OR, UH, IMPROVE IT, IT WILL BE OUT OF YOUR HANDS AND OFF OUR PLATE.

IS THAT WHAT I'M HEARING? THAT IS MY, THAT IS MY HOPE AND BELIEF.

YES, SIR.

2018 DOES NOT INSPIRE CONFIDENCE.

I FEEL A LOT BETTER NOW AND BEFORE, BUT I ALSO THINK THAT, UH, IF THERE'S A REALISTIC, UH, PLAN THAT CAN EXECUTE WHAT YOU'VE ARTICULATED, UM, I COULD BE CONVINCED OTHERWISE.

YEAH, EVEN A LITTLE BIT IS AS, AS EVERYBODY

[00:40:01]

I THINK KNOWS COURTS SOMETIMES DO WHATEVER THEY WANT.

AND SO WITHOUT PREDICTING WHAT THE PROBATE COURT WOULD DO, AND JUST SIMPLY ANTICIPATING WHAT I BELIEVE NORMALLY HAPPENS IN THE ORDINARY COURSE IS THE COURT WILL APPROVE THE SETTLEMENT.

THE PROPERTY WILL BE FORECLOSED UPON.

AND THE NEW OWNER WITH KNOWLEDGE AND AWARENESS OF THE ISSUES WILL BE EITHER, ALREADY HAVE JUMPED SOMETHING ABOUT IT, OR WILL AT LEAST BE ABLE TO COME TO YOU AND GIVE YOU A MORE CUMULATED PLAN, UH, WITHOUT HAVING THE YOKE OF A PROBATE COURT AND THE RESTRICTIONS THAT THE PROBATE COURT IS PLACED UPON ME AND MY CLIENT, I CAN'T DO ANYTHING ABOUT THE PROBATE COURT THING.

OKAY.

SO BY THEN, YOU'LL HAVE SOMEBODY WITHOUT ANY OF THOSE LIMITATIONS, BEING ABLE TO DEAL WITH YOU ON, I BELIEVE A MUCH, MUCH QUICKER AND EXPEDITED BASIS.

AND SO BY THE TIME YOU HIRE THE NEXT HEARING, WE SHOULDN'T HAVE THESE TYPES OF QUANDARIES WHERE I CAN ONLY THROW MY HANDS UP AND SAY, THIS IS I CAN'T GIVE YOU A BETTER ANSWER.

CAN I, CAN I SAY SOMETHING? YES.

A DIVISION MANAGER, MARK AUSTIN CODE DIVISION MANAGER, ROBERT MOORE, UH, YOU KNOW, WITH A NEW OWNER, CODE'S GONNA HAVE TO START ITS ENTIRE PROCESS OVER AGAIN.

THEY MIGHT BE AWARE OF KIND OF WHAT THE CONDITION OF THE PROPERTY IS, BUT THEY'RE NOT GOING TO KNOW, UH, OR EVEN IF THEY DO KNOW THAT WE NEED TO DEMO IT OR WE'RE SEEKING DEMO, YOU KNOW, WE'RE GOING TO HAVE TO START OUR ENTIRE NOTIFICATION PROCESS OVER AND ALL THAT.

SO IT, BUT IF WE HAVE, UM, AN ORDER, YOU KNOW, THEY'RE, THEY'RE DEFINITELY GONNA KNOW ABOUT THAT.

CAUSE THAT'LL TRANSFER WITH A DEED.

MADAM CHAIR.

YES.

GO AHEAD.

COMMISSIONER.

STUFF'S DEAD.

YEAH.

I JUST HAVE A FEW, UM, QUESTIONS FOR MR. FLETCHER AND SPOTTY.

UM, I GUESS WHOEVER CARES TO FIELD THEM.

SO BUILDING ON WHAT, UM, WHAT DIVISION MANAGER MORE JUST ADVISED WHEN I, WHEN WE TALK IN TERMS OF A FORECLOSURE BEING EMINENT, I THINK A FORECLOSURE IS A SUB-CASE OF A SALE AND IF A SALE WERE IMMINENT, UH, ONE CONSEQUENCE OF OUR ISSUING AN ORDER WOULD BE THAT THE BUYER OF THE PROPERTY WOULD TAKE SUBJECT TO THE ORDER.

UM, AND INDEED EVEN SUBJECT TO, YOU KNOW, ACCRUED FINES.

AND I GUESS WHAT I'D LIKE TO UNDERSTAND IF, IF WHOEVER WOULD CARE TO TRY TO ARTICULATE THIS FOR ME IS HOW THIS SITUATION WAS ANY DIFFERENT.

UH, YOU KNOW, IN OTHER WORDS, IT STRIKES ME THAT THE CODES STAFF'S JOB IS TO, UM, YOU KNOW, IDENTIFY POTENTIAL VIOLATIONS.

AND IN THIS CASE ATTRACTIVE NUISANCE, UM, OUR JOB IS TO ISSUE ORDERS BASED ON OUR FINDINGS, UH, WHEN THOSE VIOLATIONS ARE REFERRED TO US AND THAT THOSE ORDERS SORT OF RUN WITH THE PROPERTY.

AND I, I'M NOT CERTAIN WHY THE FACT THAT A FORECLOSURE SALE MAY BE EMINENT WARRANTS HOLDING SUCH AN ORDER IN A BAND'S, ESPECIALLY IF A STAFF IS CORRECT IN THE REPRESENTATIONS TO US THAT OVER THE COURSE OF FOUR YEARS AND 13 ODD DIFFERENT, YOU KNOW, UH, ORDERS, UH, THIS, THIS, THIS PROBLEM HAS PERSISTED AND CONTINUES TO CREATE, UH, POTENTIAL HAZARDS.

AND, AND SO I GUESS WHAT I'M ASKING, THAT'S SORT OF A LONG WINDUP, BUT I'M ASKING, YOU KNOW, WHEN YOU SAY, OKAY, THIS IS IN THE PROBATE COURT, UM, IT'S ABOUT TO CHANGE OWNERSHIP, I GUESS, WHAT DOES THAT FACT HAVE TO DO WITH OUR ROLE AS A COMMISSION IN ISSUING AN ORDER THAT RUNS WITH THE PROPERTY CONCERNING WHAT NEEDS TO BE DONE TO MAKE THE PROPERTY SAFE FOR OUR COMMUNITY AND OUR FELLOW CITIZENS? DOES THAT MAKE SENSE? I DON'T KNOW IF YOU CAN HEAR ME, I CAN THANK YOU THIS PAUL WITH ON BEHALF OF THE BANK.

UH, AND I, I GUESS I'LL JUST REMIND YOU THAT THE BANK WAS UNAWARE OF THE 12 PROCEEDING ORDERS.

UH, SO IF IT WAS BACK IN 2017 AND MAY, YOU KNOW, WE MAY BE IN A DIFFERENT SITUATION.

UM, BUT WHEN WE DID BECOME AWARE OF THIS IS WHEN WE POSTED THE PROPERTY FOR, SO FOR SALE, WE FOUND THE 2017 ORDER, AND THEN THAT RAISED SOME MORE.

AND I REACHED OUT TO MELANIE AND I GOT A LITTLE MORE INFORMATION.

ANY BODY WHO'S GOING TO SPEND $800,000 IS LIKELY GOING TO DO SOME DUE DILIGENCE AND WE'LL SEE THE ORDER.

UH, SO THEY WILL KNOW ENOUGH ABOUT THAT PROPERTY WHEN THEY PURCHASE IT TO KNOW THE HISTORY OF IT.

UH, BECAUSE THE ORDER, I DON'T THINK REALLY HAS CHANGED MUCH IN SUBSTANCE, EXCEPT THAT THERE'S BEEN MORE 14, BUT THERE'S, YOU KNOW, THE STUFF'S BEEN RIPPED FROM THE WALLS AND THE INTERIOR IS NOT IN

[00:45:01]

GOOD CONDITION.

ALL OF YOUR HEARINGS ARE PUBLIC INFORMATION.

UM, AND ONE WOULD THINK THAT IF YOU DRIVE BY THE PROPERTY, YOU SEE IT IN ITS CURRENT CONDITION.

SO THERE'LL BE AWARE THAT THERE IS AN EXISTING ORDER.

THE CONCERN THAT WE HAVE IS IF THERE'S A DEMO ORDER PUT IN TODAY, TWO THINGS ARE GOING TO HAPPEN.

THE PROPERTY OWNER EITHER HAS TO APPEAL IT, WHICH MEANS MASLIN HAS TO GO TO COURT AND GET PERMISSION TO APPEAL THAT ORDER, OR NO ONE APPEALS IT, OR THE HOLDER WILL HAVE TO APPEAL IT, OR NO ONE APPEALS IN THAT ORDER BECOMES FINAL.

AND THEN ONCE IT'S FINAL THE PERSON AT THE FORECLOSURE SALES TO USE, HERE'S THE FINAL ORDER THAT SAYS IT MUST BE DEMOLISHED.

I DON'T HAVE AN OPTION TO REPAIR, RIGHT? BECAUSE NOW THE CITY HAS DECIDED THIS MUST BE DEMOLISHED BY THIS DATE, CERTAIN, AND IF YOU BUY IT, YOU'RE SUBJECT TO THAT, YOU DON'T HAVE THE CHANCE TO COME IN AND SAY, YOU KNOW WHAT, I WANT TO FIX THIS.

I WANT TO GUT IT, KEEP THE SHELL, GET RID OF THE TRAILER, BLAH, BLAH, BLAH.

SO WE JUST THINK A WHILE IT'S BEEN ONGOING FOR FOUR OR FIVE YEARS, UM, AND IT'S BEEN BOARDED UP, UM, AND TO THE EXTENT THERE'S LIENS ON THE PROPERTY, UM, THOSE LANES ARE THERE FOR THE CITY'S PROTECTION, UH, TO COVER THOSE SPOTS.

UM, SO THE CITY HAS THAT PROTECTION, BUT WE JUST THINK ABOUT HAVING THAT ORDER.

IT TIES THE HANDS OF A FUTURE OWNER.

IT MAY BE THE THING AND MAY NOT BE THE BANK.

UM, BUT BECAUSE OF THE HISTORY OF THE PROPERTY, THE CURRENT CONDITION AND THE HISTORY OF THE ORDERS ON THE PROPERTY, UM, WE THINK PUTTING AN ORDER ON IT RIGHT NOW WITH SHELL, THAT SALE AND TIE THE HANDS OF THE FUTURE OWNER.

SO THAT'S WHY WE'RE JUST ASKING YOU ALL TO WAIT ANOTHER 30 DAYS.

WELL, MR. MR. FLETCHER, I APPRECIATE THAT.

THANK YOU FOR THAT, THAT RESPONSE.

I THINK I UNDERSTAND, UM, WHERE YOU'RE COMING FROM.

I GUESS THERE'S ANOTHER ISSUE THAT I JUST WANT TO RAISE.

I HAVE JUST, UM, I DON'T KNOW IF I HAVE A QUESTION BEHIND THIS, BUT I'M GOING TO PUT IT OUT THERE IN CASE YOU CARE TO RESPOND TO IT OR OFFER ANY THOUGHTS AND THAT'S THAT WHILE THIS COMMISSION IS, IS SORT OF QUASI JUDICIARY AND IN TERMS OF, UM, IN TERMS OF OUR ROLE IN OUR MANDATE, UH, I THINK THAT THERE ARE, THERE ARE ISSUES THAT I THINK WE'RE NOT EXPECTED TO, UM, ADJUDICATE ON AND THAT WE MAY EVEN BE EXPECTED NOT TO ADJUDICATE ON THAT.

THAT IS FOR EXAMPLE, UM, YOU KNOW, WE HAVE ANOTHER CASE PENDING RIGHT NOW WHERE, YOU KNOW, SOMEONE HAS SUGGESTED THAT, THAT BY LOOKING OUTSIDE OF THE TESTIMONY OF, UH, THAT WE HEARD IN FRONT OF US, THAT SOMEHOW WE'VE EXCEEDED OUR POWER, YOU KNOW? AND SO I DON'T KNOW THAT IT WOULD EVEN BE WITHIN OUR PURVIEW TO GO AND REVIEW, UM, YOU KNOW, JUDGE HERMAN'S ORDERS IN THE PROBATE COURT RIGHT NOW AND KIND OF SEE WHERE THINGS STAND.

YOU KNOW, I, I DON'T KNOW THAT IT WOULDN'T, UH, UH, YOU KNOW, VIOLATE OUR OWN BYLAWS FOR, FOR ONE OR MORE OF US TO DO THAT.

UM, I KNOW WE HAVEN'T RECEIVED ANY SORT OF ORDER.

AND MY SURMISE IS THAT IF WE WERE TO ISSUE AN ORDER IN THAT ORDER, WOULD IT BE APPEALED TO THE DISTRICT COURT THAT MY UNDERSTANDING OF THE JURISDICTION OF THE PROBATE COURT IS THAT THE COURT WOULD HAVE AUTHORITY TO SORT OF TRANSFER THAT MIGHT NOT BE THE OFFICIAL TERM.

I CAN'T REMEMBER WHAT THE VERBIAGE IS, BUT, BUT IN FACT, TRANSFER HER, UM, THE CASE TO THE PROBATE COURT.

IN OTHER WORDS, TAKE IT OUT OF THE HANDS OF THE DISTRICT COURT TO THE EXTENT THAT IT AFFECTS PROPERTY WITHIN THE JURISDICTION OF AN EXISTING PROBATE MATTER.

UM, AGAIN, I GUESS, I GUESS IF I DO HAVE A QUESTION, UH, YOU KNOW, I KIND OF GO BACK TO WHAT I WAS ASKING A MOMENT BEFORE, UH, SORT OF, IS IT WITHIN OUR PURVIEW TO TAKE ACCOUNT OF THOSE JURISDICTIONAL ISSUES? UH, IN LIGHT OF OUR, OF OUR SOMEWHAT LIMITED MANDATE.

I MEAN, IT STRIKES ME THAT WE WERE ASKING US TO DO IS SORT OF TAKE YOUR WORD FOR IT, BUT THAT'S, THIS IS PENDING AND A AND M SO DOING, WE WOULD SPARE YOU THE EXPENSE OF HAVING TO GO FIRST TO THE DISTRICT COURT, OR MAYBE BACK TO THE PROBATE COURT TO TAKE IT OUT OF THE HANDS OF THE DISTRICT COURTS OR TO GET SOME SORT OF ORDER STATING THE CITY, UM, FROM, UH, YOU KNOW, EXECUTING ITS ORDER.

UM, BUT I, I JUST DON'T KNOW THAT IT'S WITHIN OUR INSTITUTIONAL COMPETENCE, IT WAS A BUILDING IN STANDARDS COMMISSION TO SORT OF TAKE ALL THOSE THINGS INTO ACCOUNT IN DECIDING WHETHER WE'RE GOING TO, UM, YOU KNOW, WHETHER WE'RE GOING TO, WE'RE GOING TO DEFER ACTION.

AND SO, I MEAN, IF YOU HAVE ANY, ANY, ANY COMMENT TO THAT, I UNDERSTAND THAT IT WOULD COST YOU TO INCUR ADDITIONAL COSTS.

IT'S GOING TO GET UP TO GO UP TO THE DISTRICT COURT.

YOU HAVE TO, YOU KNOW, DO MORE MOTION PRACTICE IN FRONT OF THE PROBATE COURT TO STAY, WHATEVER IT IS THAT WE WE ORDERED TONIGHT.

BUT THE COUNTERVAILING CONSIDERATION IS THAT, YOU KNOW, AS, AS DIVISION MANAGER, WARREN'S TELLING US THERE'S 14 GRAND OF CITY RESOURCES ALREADY SUNK INTO THIS THING AND THAT THERE ARE HAZARDS,

[00:50:01]

YOU KNOW, PERSPECTIVE HAZARDS.

AND, AND I, I JUST DON'T KNOW THAT IT WOULD BE RESPONSIBLE, UH, YOU KNOW, OF US TO, TO DEFER ACTION ON THIS ANOTHER MONTH, BUT JUST BASED SOLELY ON THE REPRESENTATIONS WE'RE HEARING TODAY.

AND SO I'M GOING TO LEAVE IT AT THAT.

UM, SO, UH, I'M NOT GOING TO HAVE ANY FOLLOW UPS AFTER THIS.

I JUST KIND OF WANT TO PUT THAT OUT THERE IN CASE YOU'D LIKE TO RESPOND.

BUT WITH THAT, I'LL SAY, UH, THANK YOU, MR. PLEASURE.

IT WAS JUST THE BODY.

THANK YOU, MADAM CHAIR.

YEAH.

I'D LIKE TO, I'D LIKE TO ADDRESS, UH, SOME OF THE CONTEXT OF THAT QUESTION THAT I THINK IS A GOOD QUESTION.

UH, IF I, IF I MAY, THIS, THE THING THAT CAME TO MIND, SORRY, GO AHEAD.

I DIDN'T MEAN TO INTERRUPT.

OH, IS IT? DO I HAVE THE FLOOR? THANK YOU VERY MUCH AS YOU, AS YOU WERE WALKING THROUGH THAT POINT.

THE THING THAT CAME TO MY MIND IS THE FACT THAT THE MY CLIENT'S COURT WAS, WAS ABLE TO PURCHASE THIS BUILDING, WHICH IS NOW IN THE RECORD WAS COMPLETELY OUT OF CODE.

AND THERE WAS NOTHING RECORDED ANYWHERE.

THERE WERE NO LIENS.

THERE, THERE WAS NO CODE THERE.

THE COMMISSION HADN'T TAKEN NOTE OF ANY OF THE PROBLEMS OF THAT BUILDING, AND IT WAS ALLOWED TO BE SOLD TO MY CLIENT AFTER ALL THOSE CODE VIOLATIONS HAPPENED.

AND HE WAS FORCED, WE WERE FORCED TO ON HIS BEHALF, VACATE THE BUILDING AND EXPEND ALMOST $50,000, TRYING TO KEEP PEOPLE WHO HAD NO BUSINESS BEING ON THE PROPERTY, OUT OF THE PROPERTY, WHICH IS NOT A PROBLEM OF OUR OWN CREATING OR CREATING MY CLIENT FOR THAT MATTER, NOR OF THE LIEN HOLDER AND KEEPING UP WITH THAT DRAINED A LOT OF THE RESOURCES OF THIS STATE.

AND SOMEHOW AFTER THE PUR THE PROPERTY WAS PURCHASED, THE CODE COMMISSION OR WHOEVER INVESTIGATES CODE VIOLATIONS SUDDENLY BECAME AWARE OF IT AND STARTED TAKING ACTIONS.

NOW, SOMEBODY WHO, WHO LOOKS AT THESE FACTS WOULD SAY, WELL, WHY DID IT HAPPEN RIGHT AFTER MY CLIENT WAS ALLOWED TO BUY IT? AND NOW THAT WE'RE TRYING TO TALK ABOUT PUTTING THIS IN THE HANDS OF SOMEONE WITH THE FINANCIAL COMPETENCY TO ACTUALLY DO SOMETHING WITH THIS PROPERTY, AS OPPOSED TO COSTING THIS ESTATE, HUNDREDS OF THOUSANDS OF DOLLARS, UM, YOU KNOW, I I'M SENSITIVE TO THE IDEA OF INSTITUTIONAL COMPETENCY, BUT I THINK IT WOULD BE IN YOUR PURVIEWS SINCE, SINCE WE'RE TALKING ABOUT THE FACTS THAT ARE IN FRONT OF YOU, IS THAT THERE'S BEEN AN INEQUITY DUG TO THE STATE.

NO.

WHERE WAS THE CITY PROTECTING MY CLIENT? IT WASN'T THERE.

AND SO I WOULD ASK YOU TO, TO STAY THE ORDER ON THAT PREMISE.

I THINK THAT CERTAINLY IS WITHIN YOUR INSTITUTIONAL COMPETENCY BECAUSE THIS ALL HAPPENED BECAUSE NO ONE WAS WATCHING THIS PROPERTY UNTIL MY CLIENT BOUGHT IT.

FOR SOME REASON, ALL OF A SUDDEN ALL EYES BECAME, CAME ON THIS PROPERTY AND THAT'S BEEN THE ROLLERCOASTER SLASH DOWNWARD SPIRAL OF THIS PROFIT.

IT WASN'T LIKE WE FOUND BUYER AFTER BUYER EARLY ON, BUT NONE OF THEM WERE ALLOWED TO BUY IT BECAUSE OF THE CODE VIOLATIONS PREVENTING THE SALE.

IF SOMEHOW MY CLIENT WAS ALLOWED TO BUY THIS PROPERTY, DESPITE IN NUMERABLE CODE VIOLATIONS, APPARENTLY THAT EXISTED ON THE DAY HE BOUGHT, HE PURCHASED IT.

SO I WOULD, I JUST WANT TO RAISE THAT ISSUE, NOT AS A REBUTTAL, BUT AS SOMETHING ELSE THAT'S CONSIDERED, UH, IN TERMS OF, IN TERMS OF WHAT YOUR MANDATE IS.

AND IN TERMS OF BEING ABLE TO STAY HAND JUST FOR 30 MORE DAYS, UH, AND NOT, NOT ISSUED THIS ORDER BECAUSE THIS THE ORDER, NOT ONLY, IT'S NOT JUST ABOUT SAVING ME A LITTLE BIT OF TIME OR MR. FLETCHER, A LITTLE BIT OF TIME AND A LITTLE BIT OF RESOURCES.

IT'S ABOUT THE ENTIRE CONTEXT OF THIS THING NOW IN, IN FRONT OF A PROBATE JUDGE AND HAVING THIS ABSOLUTELY CHANGING THE NATURE OF OUR ABILITY TO GET THIS PROPERTY INTO THE HANDS OF SOMEBODY, MORE ABLE AND CAPABLE TO TURN, TO MAKE A VALUE OUT OF IT.

THE EVIDENCE IN FRONT OF YOU IS THAT THERE'S AN UGLY, DILAPIDATED BUILDING AND THAT THERE IS A RISK, BUT THAT RISK IS NOT QUANTIFIED.

THAT THERE'S NOT THIS THERE'S NOT, I DIDN'T HEAR ANY EVIDENCE OF SOMEONE ACTUALLY INJURED ON THIS PROPERTY.

I DIDN'T HEAR ANY EVIDENCE OF ANYONE FROM THE SCHOOL OR THE BANK BREAKING INTO THIS PROPERTY.

SO, YOU KNOW, ALL OF THESE RISKS, MR. FLETCHER, CAN YOU, CAN YOU WRAP UP YOUR POINT PLEASE? YES.

WELL, THIS IS MR. SPADY.

I I'M, I'M DONE.

I WOULD JUST, I WOULD JUST ASK THE, I WOULD JUST ASK YOU TO CONSIDER ALL OF THOSE FACTS AND NOT NECESSARILY TAKE THE LEGAL CONCLUSIONS THAT ARE OPPOSING THIS FACTS, UM, AS, AS, AS THE, AS THE GOSPEL ON WHAT'S GOING ON WITH THIS PROPERTY.

THANK YOU.

OKAY.

THANK YOU.

AND I'M SORRY TO HEAR THAT YOUR CLIENT WAS NOT ABLE TO DISCOVER THE CODE VIOLATIONS THROUGH DUE DILIGENCE OF COMMISSION.

IF YOU COULD GO AHEAD.

IT SOUNDS LIKE WE'VE BEEN KICKING THIS CAN DOWN THE ROAD FOR FOUR YEARS NOW, AND THEY'RE ASKING US TO KICK THE CAN DOWN FOR 30 MORE DAYS.

WHAT HAPPENS AFTER 30 DAYS? CAN WE COME UP WITH SOME SORT OF POLICY TONIGHT AND SAY, THAT'S IT NO MORE AFTER 30 DAYS IS

[00:55:01]

OVER.

WE KEEP HEARING THESE EXCUSES TIME AFTER TIME, AND THERE'S ALWAYS A RATIONAL EXCUSE, BUT YOU HAVE TO COME UP WITH A HARD STOP AT SOME POINT AND SAY, THAT'S IT NO MORE? AND THE PROBATE COURT COULD DELAY AGAIN AGAIN NEXT MONTH.

AND SO WE NEED TO BE ABLE TO SAY ENOUGH IS ENOUGH.

AND I UNDERSTAND WHAT THE PREVIOUS GENTLEMAN WAS SAYING THAT WE NEEDED TO GIVE HIM THE OPPORTUNITY IN PROBATE COURT.

BUT IF THE PROBATE COURT TAKES MORE THAN 30 DAYS, WE'RE BACK AGAIN WHERE WE WERE BEFORE.

SO I THINK WHAT WE'RE GOING TO GIVE HIM ANY EXTENSION IT'S WITH A DEFINITE HARD STOP THAT WE DON'T MODIFY.

AGAIN, COMMISSIONER GREEN.

I DON'T WANT ANY MORE STOPS ON THIS JUST FOR GOING ON FOR FOUR YEARS.

THEY KNEW WHEN THEY INVESTED IN THIS PROPERTY, WHAT THEY WERE GETTING INTO.

AND I THINK THIS IS AN EYESORE AND I WAS PUT ON THE COMMISSION TO MAKE SURE THAT WE ADDRESS THESE ONGOING REOCCURRING VIOLATIONS.

AND I'M SORRY THAT THEY WENT FROM ONE OWNER TO ANOTHER, BUT THEY KNEW WHAT THEY WERE GETTING INTO.

SO I AM ALL FOR, UH, UH, AGREEING WITH THE FINDERS OF FACT FROM, UH, CODE AND MOVING FORWARD WITH THE DEMOLITION DIVISION MANAGER BOARD.

DID YOU HAVE SOMETHING TO SAY THAT WE INTERRUPTED? UH, I HAD A COUPLE OF THINGS.

UH, I WAS GOING TO TRY, I WAS GOING TO KIND OF DEFEND THE CITY ON SOME OF THE THINGS HE WAS SAYING, BUT I DON'T KNOW IF I NEED TO GO THERE OR NOT, BUT I WOULD LIKE, UH, THE RECORD TO SHOW THAT, YOU KNOW, JUST CAUSE WE GET A DEMOLITION ORDER, DOESN'T MEAN WE'RE OBLIGATED TO DEMO A REPAIR IS ALWAYS AN OPTION.

SO IF, IF THERE'S REPAIRS STARTED, IF THERE'S PERMITS POOL, THERE'S A PLAN REVIEW SUBMITTED, YOU KNOW, WE'RE GOING TO HOLD BACK AND SEE WHAT THAT LOOKS LIKE.

UH, AS LONG AS THE IT'S SECURE, UH, YOU KNOW, WITHIN A REASONABLE TIME.

I MEAN, IF THERE'S PROGRESS, WE HAVE TO SEE IMMEDIATE PROGRESS, UH, WITH REPAIRS AND THINGS OF THAT NATURE.

UH, BUT AT LEAST THE DEMOLITION, UH, ORDER GIVES US THE POWER TO INTERVENE.

IF NOTHING'S HAPPENING AND DIVISION MANAGER MORE.

CAN YOU SPEAK TO WHAT THE CURRENT TIMELINE IS FOR DEMOLITION? EVEN ONCE IT IS, IF IT WOULD BE ORDERED THIS EVENING, IT'S AT LEAST THREE TO SIX MONTHS.

OKAY.

THANK YOU.

AND, UH, MISS ALLIE, OR I THINK YOU WOULD BE THE ONE, IS THERE CURRENTLY AN ORDER ON THIS PROPERTY? I THOUGHT EVERYTHING HAD BEEN, WE HAD GOTTEN RID OF ALL CURRENT ORDERS WAS RESCINDED AT THE JUNE MEETING AND WE DID NOT HAVE TIME TO HEAR THE REST OF THE CASE.

AND SO THAT WAS CONTINUED TO JULY.

THE JULY MEETING WAS CANCELED.

SO NOW WE'RE HERE TONIGHT.

OKAY.

SO THERE ARE CURRENTLY NO ORDERS ON THIS PROPERTY, WHICH BASICALLY PUTS WHATEVER FUTURE OWNER, IF IT SHOULD SELL IN THE SAME POSITION AS THE CURRENT OWNER, WHICH IS THAT THEY HAVE, THEY MIGHT HAVE NO IDEA THAT THERE ARE CODE VIOLATIONS.

SO I'M JUST POINTING THAT OUT.

OKAY.

UH, COMMISSION, ANY FURTHER QUESTIONS? YES.

COMMISSIONER MUELLER.

UM, I WANTED TO MOVE THAT.

WE CLOSE THE PUBLIC HEARING FIRST.

CAN WE DO THAT? YES, WE CAN.

OKAY.

AND THEN, UM, THE, THE, THE STATEMENTS THAT WERE MADE EARLIER ABOUT NOT KNOWING ABOUT CODE VIOLATIONS, I MEAN, WE HAVE A COMPLAINT DRIVEN SYSTEM.

SO IF COMPLAINTS HAD NOT BEEN MADE, THERE MAY BE MANY PROPERTIES THROUGHOUT THE CITY THAT HAVE, UM, CODE VIOLATIONS THAT WE DON'T KNOW ABOUT.

WHENEVER YOU BUY A PROPERTY, THERE'S AN OBLIGATION, YOU KNOW, YOU NEED TO LOOK AT THE PROPERTY.

UM, SO I JUST DIDN'T REALLY BUY THAT ARGUMENT, BUT, UM, I, I WOULD BE READY TO MAKE A MOTION IF PEOPLE ARE READY FOR THAT, UM, TO ACCEPT THE RECOMMENDATIONS OF STAFF.

SO BASICALLY IT TAKES UP THE STEPS RECOMMENDED ORDER.

YES.

OKAY.

AND WAS THERE A SECOND? YES.

OKAY.

COMMISSIONER GREEN SECONDED.

OKAY.

ANY FURTHER DISCUSSION ON THE MOTION AND I WILL RESTATE IT HERE SHORTLY.

UM, I HAVE, UH, JUST A COMMENT.

I THINK THAT, UM, WE'RE LOOKING AT EFFICIENCY ON THE CITY SIDE AND EFFICIENCY FOR THE PARTIES THAT MIGHT BE AFFECTED BY THE ORDER.

BUT I BELIEVE SINCE THE DEMOLITION DOESN'T REALLY KICK IN RIGHT AWAY, WE DO HAVE PLENTY OF TIME, NO MATTER, NO MATTER WHO ENDS UP WITH THE PROPERTY, UM, THEY DO HAVE PLENTY