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[00:00:05]

WELCOME TO THE BUILDING AND STANDARDS COMMISSION, UH, BEFORE WE EVEN GET GOING.

IS IT OKAY FOR ME TO CONTINUE SPEAKING WITH MY MASK ON? IS THERE ANY, DOES IT SOUND ALL RIGHT, JEFF? YOU'RE ASKING ME YES.

OKAY.

YOU PROBABLY HAVE THE BEST OPINION HERE.

SO, UM, THANK YOU.

I WILL CONTINUE.

UH,

[CALL TO ORDER]

I CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR OCTOBER 27TH, 2021.

LET THE RECORD REFLECT THAT THE TIME IS 6 37.

MY NAME IS ANDREA FREIBURGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

WILL THE OTHER COMMISSION MEMBERS PRESENT TONIGHT? PLEASE STATE YOUR NAMES.

UM, WE'LL START WITH THE END HERE, PLEASE.

UM, THE END WORDY THOMPSON, BOB AND WE'RE DISTRICT GATE.

DID YOU GET IT? IT'S THE, UH, LET'S SAY SECOND FROM THE BOTTOM AT GRIFFITH HERRERA DISTRICT DATE, EDWARD SELIG WITH DISTRICT 10 WITH DISTRICT ONE, ELIZABETH MUELLER, DISTRICT FIVE WITH DISTRICT SEVEN APPEARING REMOTELY.

OKAY.

THANK YOU.

AND IT APPEARS THAT WE DO NOT YET HAVE COMMISSIONER GREEN.

UM, BUT HOPEFULLY HE WILL JOIN US SHORTLY RIGHT HERE.

A CHAIR JUST JOINED.

OH, EXCELLENT.

OKAY.

WE'LL GIVE HIM JUST A MINUTE.

AND CHAIR BELIEVED MR. TOM FOCI IS ONLINE.

YOU'LL SEE HIM.

YES.

UH, YES.

UH, CHIEF.

OKIE, IF YOU COULD INTRODUCE YOURSELF TO PLEASE TOM BULKY FIRE MARSHALL.

THANK YOU.

AND COMMISSIONER GREEN.

COULD YOU INTRODUCE YOURSELF MR. GREEN, DISTRICT FOUR.

THANK YOU.

OKAY.

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

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 THIS EVENING, BECAUSE WE ARE IN A PANDEMIC THAT WOULD INCLUDE KEEPING YOUR MASK ON UNLESS YOU ARE SPEAKING, WHICH TIME YOU ARE WELCOME TO REMOVE YOUR, YOUR MASK.

UM, IF YOU FEEL MORE COMFORTABLE DOING SO, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL CALL EACH CASE ON THE AGENDA.

WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT AT THE TABLE IN FRONT OF THE COMMISSION, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.

FIRST, AFTER EACH CITY WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.

ONCE THE CITY HAS CONCLUDED ITS EVIDENCE AND WITNESSES, WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN 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 AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES.

THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS.

I WILL ALLOW OTHER INTERESTED PARTIES, PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.

AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.

AFTER ALL 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.

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

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

WHEN YOUR CASE IS CALLED WITNESSES, THIS EVENING TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO TESTIFY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

OKAY.

OKAY.

DO EACH OF YOUR 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.

ALL RIGHT.

THANK YOU.

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

UM, OR URETER ALLIE.

YES.

BEFORE WE BEGIN THE CASES, COULD WE, UH,

[APPROVAL OF MINUTES]

UM, APPROVE THE MINUTES FROM THE SEPTEMBER 22ND MEETING? YES.

THANK YOU.

OKAY.

HAS EVERYONE HAD A CHANCE TO TAKE A LOOK AT THE MINUTES?

[00:05:02]

OKAY.

WOULD ANYONE LIKE TO MOVE FOR APPROVAL? UH, I MOVE, WE APPROVE THE MINUTES.

OKAY.

THANK YOU.

COMMISSIONER MILLER ANY SECOND OR? OKAY.

THANK YOU.

VICE CHAIR.

ABILA ALL RIGHT.

ALL IN FAVOR OF APPROVING THE MINUTES FROM THE SEPTEMBER MEETING, SAY AYE.

AYE.

AYE.

OKAY.

THAT'S UNANIMOUS.

ALL RIGHT, THANK YOU.

OKAY.

AND DO WE HAVE ANYONE HERE FOR A CITIZENS COMMUNICATION? OH, YOUR MICROPHONE IS NOT ON, NOT THAT I KNOW OF.

OKAY.

UM, YEAH.

I HAVE NOT RECEIVED ANY, I GUESS ONCE I BROUGHT YOU SOME CARDS, IF THERE ANYBODY SIGNED UP, RIGHT.

THEY'RE ALL FOR ITEMS THAT ARE ON THE AGENDA.

OKAY.

ALL RIGHT.

[1. Case Number: CL 2021-085126 Property address: 3004 E. 12th Street / Owner: Magnolia Christian Church Staff presenter: Willis Adams Staff recommendation: Demolish commercial structure]

SO I'LL START WITH THE FIRST CASE.

FIRST ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER 20 21 0 8 5 1 2 6.

HE ADDRESSED FOR THIS CASE IS 3004 EAST 12TH STREET.

IT IS THE ORANGE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT A VACANT COMMERCIAL STRUCTURE WITH STRUCTURED SERIOUS STRUCTURAL CONDITIONS.

THE DILAPIDATED STRUCTURE HAS LARGE HOLES IN THE ROOF, AND IT HAS REMAINED IN THE SAME CONDITION FOR MANY YEARS.

THE STRUCTURE HAS BEEN NEGLECTED AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS, WHICH REQUIRES DEMOLITION.

ALTHOUGH THIS CASE HAS APPEARED ON THE PAST FIVE AGENDAS DUE TO UNFORESEEN CIRCUMSTANCES, THE CASE IS BEING HEARD FOR THE FIRST TIME TONIGHT AND SHARE, I BELIEVE THERE ARE SOME PEOPLE HERE TO REPRESENT THE PROPERTY.

I HAVE NOT RECEIVED.

UM, ANYONE WHO HAS BEEN SIGNED IN, OKAY, NO ONE HAS SIGNED HIM FOR THAT.

AND MR. CHUNG OR, UH, UNLESS, YOU KNOW, UNLESS SOMEONE IS IN THE AUDIENCE AND DID NOT SIGN IN, OKAY.

I DON'T SEE ANYONE OKAY.

IN YOUR READERS OR GOOGLE DRIVE FOLDERS.

YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD VERIFIES COMPLIANT OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.

AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND, AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.

YOU'RE GOING TO BE RIGHT THERE.

YEP.

GOOD EVENING COMMISSIONERS.

THAT'S A GOOD, UH, MY NAME IS WILLIS ADAMS. I AM THE ASSIGNED COLD OFFICER FOR THIS CASE, A 3004 EAST 12TH STREET.

UH, THIS CASE WAS ORIGINALLY CALLED IN, IN AUGUST OF 2018.

I WAS NOT THE INITIAL INSPECTOR THAT WAS ASSIGNED THE CASE.

I RECEIVED IT, UH, LATER, UM, IN, UH, 20 SEPTEMBER, 2020.

HOWEVER, AT THE TIME I RECEIVED THE CASE, UH, THE DEFICIENCIES, UH, IN VIOLATIONS THAT WERE ADDRESSED BY THE FIRST INSPECTOR I FOUND TO BE CONSISTENT, WHAT I FOUND ON MY FIRST INITIAL INSPECTION AND THAT CONSISTED OF, UH, WALL EXTERIOR WALL DAMAGE, UH, ROOF DAMAGE, A MAJOR HOLE TOOLS IN THE ROOF.

UH, THE ROOF, UH, HAS SOME IT'S SINKING IN SOME AREAS, UH, FACIAL BOARDS, UH, SOFFIT DAMAGE, IMPOSSIBLY, UH, INTERNAL, UH, RIDGE BOARDS AND CEILING.

JOYCE MAY ALSO BE AFFECTED BY THIS, UH, DANGEROUS ROOF.

UM, ALSO I FOUND THE MAIN STRUCTURE.

THE LARGE STRUCTURE HAD NO ID, NO ADDRESS ON IT.

UH, ALSO THE WINDOWS WERE DAMAGED AND BROKEN AND DOORS WERE NOT FUNCTIONING.

UH, THE BUILDING IS IN CLOSE PROXIMITY TO NEARBY SCHOOLS, CHURCHES, AND ADJACENT TO A RESIDENTIAL AREA.

UH, THERE ARE CURRENTLY NO BUILDING PERMITS OR PLAN REVIEWS TO RENOVATE THIS STRUCTURE.

THE STRUCTURE IS FENCED AND THERE ARE NO TRESPASSING SIGNS POSTED.

I WILL SAY THAT THEY HAVE MAINTAINED MAINTENANCE ON CUTTING THE GRASS AND REMOVING TRASH AND WEEDS.

UM, THERE'S ALSO NO ACTIVE ELECTRICAL SERVICE CURRENTLY.

UH, I HAVE TAKEN SOME RECENT PHOTOS AND I LIKE TO SHOW THOSE EXHIBITS.

NOW, IF WE HAVE THEM, TWO-WAY IS A CONTEXTUAL PICTURE.

UH, THIS PROPERTY SITS BACK OFF OF EAST 12TH STREET.

SO YOU BASICALLY HAVE TO TAKE PICTURES FROM THE SIDEWALK.

AND SO THEY CAN SEE THIS A CONTEXTUAL PICTURE AT THE VERY TOP OF THAT STRUCTURE.

YOU CAN SEE A HOLE IN THE ROOF.

IT ALSO HAS.

I SHOWED THE PRIVATE PROPERTY SIGN THAT'S, UH, LISTED ON

[00:10:01]

THE FENCE, NO TRESPASSING.

SO I CAME IN THERE INSIDE THAT FENCE LINE.

NEXT SLIDE, PLEASE.

THIS LIGHT INDICATES THE PROXIMITY TO A SCHOOL ZONE.

AND THIS, AGAIN, THIS IS A ADJACENT TO A RESIDENTIAL AREA ON EAST, UH, EAST 13TH STREET.

ON NEXT SLIDE, PLEASE.

THIS IS A MUCH CLOSER VIEW OF THE STRUCTURE.

YOU CAN ACTUALLY SEE THE HOLE IN THE ROOF.

YOU CAN SEE SOME DEPRESSION.

UH, YOU CAN SEE BOARDS HANGING OFF THE, THE, UH, THE, UH, OVERHANGING EXTENSION.

AND THERE IS SOME SOFFIT DAMAGE, UH, TREMENDOUS AMOUNT OF GRIEF, FEET GRAFFITIS ON THE BUILDING.

AND OBVIOUSLY IT'S DEFINITELY IN NEED OF REPAIR.

UH, NEXT SLIDE, PLEASE.

THIS IS ANOTHER UP.

AS YOU CAN SEE THE RIGHT EDGE OF THE BUILDING AS TO, UH, EDGE BOARDS OR EXTENSION BOARDS HANGING OFF, UH, THEY COULD PIGEON POTENTIALLY FALL AFTER A WHILE.

NEXT SLIDE, PLEASE.

THIS IS THE REAR OF THIS STRUCTURE.

I WAS ABLE TO ACCESS THIS PHOTOGRAPH FROM A RESIDENTIAL PROPERTY ON EAST 13.

UH, THE OWNER HAD NOT SEEN ANY HOMELESS ACTIVITY, BUT HE DID OBSERVE SMALL MAMMALS GOING IN POSSUMS, RACCOONS, AND SUCH.

THE TREE IS ALSO GROWING INSIDE OF THAT BUILDING IS COMING OUT THE ROOFTOP.

SO THE REAR WINDOW IS BROKEN.

YOU CAN SEE A HOLE RIGHT THROUGH THE ROOF.

AND, UH, THIS IS, UH, ON COURSE ON THE, UH, I WOULD SAY THE NORTH SIDE OF THE PROPERTY.

NEXT SLIDE.

THIS IS THE VIEW FROM THE FRONT OF THE GENTLEMAN'S HOUSE ON HIS 13TH.

AND THIS IS A VIEW THAT PEOPLE ACROSS THE STREET CAN SEE WHEN THEY'RE GOING DOWN THIS.

SO IS THE CLOSE PROXIMITY ALSO TO HIS HOME OF THIS BUILDING.

NEXT SLIDE, PLEASE.

THIS IS THE, UH, WEST SIDE OF THE STRUCTURE.

AGAIN, YOU CAN SEE THAT THE WALL ON THAT SIDE AS MISSING BOARDS, IT IS OPEN WHERE SOMEONE COULD GET INSIDE IF THEY, THEY, IF THEY WANT TO IT'S IT'S, THE WALL IS ACTUALLY BEEN DAMAGED ON IN MANY PLACES.

NEXT SLIDE PLEASE.

AND THIS IS FROM THE ADJACENT STREET SHOWING THE OPENING THERE ON THE SIDE OF THAT WALL.

EXCELLENT.

AGAIN, THIS IS ANOTHER CONCEPTUAL PICTURE OF THAT SIDE.

UH, YOU CAN SEE THE HOLE AND DECIDE TO HOLD IN THE ROOF OR TAKING OFF, UH, THE EXTENSION OF THAT ROOF AND SOME DEPRESSIONS IN THAT ROOF AS WELL.

AND THAT CONCLUDES THE PHOTO PRESENTATION.

I WOULD LIKE TO SAY IN CONCLUSION THAT THIS PROPERTY PRESENTS A NUISANCE, UM, THERE IS A POTENTIAL FIRE RISKS AND SAFETY RISKS WITH WINTER APPROACHING.

THERE IS GOING TO BE SOME ACTIVITY FOR HOMELESS ACTIVITY IN THIS BUILDING.

THEY'RE GOING TO NEED A PLACE TO FIND SHELTER, AND THAT BUILDING IS ACCESSIBLE IF THEY GET THROUGH THAT FENCE, WHICH YOU CAN SEE THERE'S AN OPENING IN THE FENCE YOU CAN GET THROUGH THERE.

THAT CONCLUDES MY TESTIMONY AND I'M OPEN TO ANY QUESTIONS.

OKAY.

AND CHAIR, I BELIEVE WE HAVE SOME SPEAKERS.

YES, I BELIEVE SO.

UM, THANK YOU, INSPECTOR ADAMS. SO I BELIEVE WE HAVE MAYBE MR. SALINAS AND A MR. CHUNG OR CHANG, IS THAT CORRECT? CAN I GO IN AND READ THE BRITTANY THAT WE NEED TO HEAR? UM, ACTUALLY I'D LIKE TO GO AHEAD AND SWEAR THEM IN AND THEN, UM, YOU'RE RIGHT.

AND THEN LET'S GO AHEAD AND HAVE YOU READ THE RECORD IF THAT'S OKAY.

OKAY.

UH, ALL WITNESSES WILL TESTIFY UNDER OATH THIS EVENING.

SO, UH, MR. SALINAS AND MR. CHUNG, IF YOU WOULD LIKE TO PRESENT, OKAY.

IF YOU LET ME FIND MY OATH, IF YOU WOULD PLEASE STAND, 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.

OKAY.

THANK YOU.

AND, UH, WE WILL HEAR FROM YOU IN JUST A MINUTE.

THANK YOU FOR, FOR BEING HERE.

OH, OKAY.

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

STAFF ASKS 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 A THROUGH TWO, I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRE THE OWNER COMPLETE THE FOLLOWING

[00:15:01]

WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND REMOVE ITS DEBRIS, LEAVING THE LOT CLEANING RATE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE, INCLUDING ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH AND BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION, A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTEREST SHELLA CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND CHAIR.

CAN YOU ADMIT THE EXHIBIT? YES.

THANK YOU.

YES.

I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND PHOTOGRAPHS MARKED TWO EIGHT THROUGH TO I, OKAY.

THE, UH, PROPERTY REPRESENTATIVES ARE HERE.

UM, IF YOU WOULD LIKE TO COME DOWN TO THE MICROPHONE AND IF YOU WOULD PLEASE INTRODUCE YOURSELF FOR THE RECORD AS WELL.

SURE.

UH, GOOD EVENING.

MY NAME IS LAWRENCE CHANG I'M ATTORNEY FOR MAGNOLIA CHRISTIAN CHURCH.

UH, YOU KNOW, I, I, THE REASON THAT THE BUILDING IS THE WAY IT IS, IT'S BEEN THAT WAY SINCE 2013, UH, THE ROOF COLLAPSED.

AND AT THAT TIME, THE CHURCH LOOKED TO SELL THE LAND SO THAT THEY COULD BUY ANOTHER PIECE OF PROPERTY TO CONTINUE THEIR MINISTRY.

THAT'S BEEN REPRESENTED TO ME.

AND I DON'T KNOW IF THIS IS TRUE OR NOT, CAUSE I NEVER ACTUALLY LOOKED INTO IT.

BUT THE PASTOR REPRESENTED TO ME THAT MAGNOLIA CHRISTIAN CHURCH IS A HISTORIC AFRICAN-AMERICAN CHURCH IN AUSTIN.

AND SO THE REASON THAT NOTHING HAS BEEN DONE IS BECAUSE THEIR PROPERTY HAS BEEN UNDER LITIGATION SINCE 2015.

AND SO BASICALLY WHAT'S HAPPENED IS A PROSPECTIVE BUYER, UH, ENTERED INTO CONTRACT IN 2013 TO PURCHASE THE LAND.

UM, THERE WERE TITLE ISSUES.

HE DECIDED NOT TO PURCHASE THE PROPERTY THREE YEARS LATER AFTER THOSE TITLE ISSUES WERE CLEARED AND THE PROPERTY WAS WORTH CONSIDERABLY MORE, HE DECIDED TO SUE TO TRY TO ENFORCE THAT CONTRACT.

AND SO IT WENT THROUGH THE TRAVIS COUNTY COUNTY COURTS.

THEY WENT ALL THE WAY THROUGH A JURY TRIAL.

UH, WE, I APPEALED THAT DECISION AND THE APPELLATE COURT FOUND THAT THE, UH, COUNTY COURT DID NOT HAVE JURISDICTION.

UNFORTUNATELY THEY REFILED THE SAME CLAIM AGAIN IN DISTRICT COURT.

AND SO, UH, YOU KNOW, I BELIEVE THE LAW IS ON OUR SIDE.

THEY'RE WELL OUTSIDE THEIR STATUTE OF LIMITATIONS, THEY HAVE NO DEFENSE THAT WOULD TOLL THEIR, UH, DEFENSE, BUT YOU KNOW, A TRAVIS COUNTY DISTRICT COURT JUDGE SAID THAT THEY BELIEVE THAT THEY DO HAVE JURISDICTION.

AND SO RIGHT NOW THE DECISION IS TO EITHER PROCEED TO TRIAL, WHICH MIGHT BE FOUR OR FIVE MONTHS FROM NOW, OR TO JUST APPEAL.

AND I DO BELIEVE APPEALING WOULD BE MUCH MORE STRAIGHT FORWARD BECAUSE THE LAW ON THIS ISSUE IS A CLEAR CUT.

AND SO WHILE I RECOGNIZE THAT THE TESTIMONY FROM THE OFFICER EARLIER IS TRUE, THAT, YOU KNOW, THERE IS A HOLE IN THE ROOF IT'S PROBABLY DANGEROUS FOR THAT STRUCTURE TO BE THERE.

UM, YOU KNOW, IT HAS BEEN, UH, SEVEN YEARS AT LEAST, UH, WITH THAT STRUCTURE THERE IN ITS CURRENT CONDITION.

AND TO MY KNOWLEDGE, AT LEAST I HAVEN'T HEARD OF ANYONE BEING HURT OR ANY OF THE OTHER THINGS, WHICH I ADMIT ARE POTENTIAL DANGERS OF THAT STRUCTURE BEING THERE.

UM, BUT YOU KNOW, I GUESS WHAT I'M HERE ASKING FOR TODAY IS MAYBE JUST SOME MORE TIME TO TRY TO FIGURE OUT, UH, HOW TO END THIS LITIGATION BECAUSE THE LAND DOES HAVE SIGNIFICANT VALUE.

UM, IT IS THE ONLY ASSET OF THE CHURCH AND THE CHURCH WOULD LIKE THE OPPORTUNITY TO, UH, CLEAR THAT BUILDING.

OR IF THEY DECIDE TO CONTINUE THEIR MINISTRY, MAYBE SELL ONE PLOT OF LAND AND REPAIR THAT BUILDING.

AND SO, YOU KNOW, LIKE I SAID, I RECOGNIZE THAT THERE IS A DANGER, THEY ARE RECOGNIZED THAT IN ITS CURRENT CONDITION, UH, MOST LIKELY SHOULD BE TAKEN DOWN AS A NUISANCE.

UM, BUT GIVEN THE PAST SEVEN YEARS OR SO OF NOTHING BAD HAPPENING AND THERE, THERE HAVE BEEN SOME REPAIRS, I THINK THERE WAS TESTIMONY THAT THE FENCE WAS BROKEN.

I THINK MR. SALINAS CAN TESTIFY THAT HE'S REPAIRED THAT I DON'T REMEMBER WHEN HE'S DONE IT, BUT THAT'S WHAT HE WAS TELLING ME JUST NOW I'M JUST ASKING FOR A SHORT EXTENSION, UH, JUST TO SEE IF WE CAN FINISH OUT THIS LITIGATION, MAYBE SETTLE IT AND ALLOW THE CHURCH TO TAKE CARE OF THIS PROBLEM ON THEIR OWN.

AND SO, UM, YOU KNOW, I GUESS GIVEN, I GUESS ONE OF THE CONCERNS RAISED WAS THAT WINTER IS COMING UP, BUT GIVEN THE 46 DAY WINDOW, AND THE FACT THAT, TO MY KNOWLEDGE, IT'S ABOUT A SIX MONTH WAITING LIST FOR DEMOLITIONS UNDER THE CITY OF AUSTIN TO OCCUR.

ANYWAY, WE'RE GOING TO BE OUT IN JULY OF NEXT YEAR BEFORE THAT DEMOLITION CAN EVEN OCCUR.

AND SO, YOU KNOW, I KNOW ASKING FOR ANOTHER COUPLE MONTHS, EVEN THOUGH WE KNOW THAT DEMOLITION PROBABLY WOULDN'T OCCUR

[00:20:01]

UNTIL THAT TIME, I SEEMS LIKE A LONG PERIOD OF TIME, BUT LIKE I SAID, I'M NOT SURE WHEN WE CAN GET TO TRIAL.

AND IF WE DECIDE TO APPEAL THAT WILL LIKELY TAKE AT LEAST THE PERIOD OF EIGHT MONTHS.

AND SO, UM, YOU KNOW, JUST HERE TODAY ASKING YOU FOR A BRIEF EXTENSION AND EVEN A COUPLE OF MONTHS, UH, YOU KNOW, ENTERING THE ORDER A COUPLE MONTHS FROM NOW MAY MAKE IT SO THAT WE CAN FINISH AN APPEAL BEFORE THE CITY GETS AROUND TO DEMOLISHING IT.

I MEAN, IT DOESN'T MEAN THAT THE CITY ISN'T GOING TO ENTER AN ORDER OF, BECAUSE UNFORTUNATELY THE CHURCH ISN'T IN A FINANCIAL CONDITION TO PAY FOR DEMOLITION, THEY ACTUALLY HAVE NO RESOURCES OUTSIDE OF THIS LAND.

I'VE TAKEN THIS CASE ON PURE CONTINGENCY OF, OR NOT CONTINUED TO HAVE ACTUALLY PRO BONO, UM, ON THE COUNTY COURT AND APPELLATE LEVELS OF, BECAUSE OF THEIR LACK OF FUNDS.

BUT I WOULDN'T HAVE SPENT SO MUCH TIME IN THIS CASE.

SO I DIDN'T TRULY BELIEVE THAT THEY'RE GOING TO COME OUT ON TOP.

THE APPELLATE COURT HAS ALREADY CONFIRMED THAT THE CHURCH IS IN THE RIGHT ON THIS.

AND IT'S ONLY A MATTER OF TIME BEFORE WE EITHER SEND IT BACK TO THEM OR THE DISTRICT COURT MAKES THE RIGHT DECISION.

THAT'S IT.

THANK YOU FOR YOUR TIME.

THANK YOU.

UM, DO, DOES THE COMMISSION HAVE ANY QUESTIONS FOR MR. JAIN? YES.

COMMISSIONER MILLER.

HI.

UM, I'M NOT CLEAR WHY IT WOULD MATTER WHETHER OR NOT THE BUILDING WAS DEMOLISHED NOW, UM, TO THEM.

I MEAN, IT SOUNDS LIKE THEY WANT TO SELL THE PROPERTY IN ANY CASE, AND IF IT'S DANGEROUS, YOU KNOW WHAT, WHAT'S THE BENEFIT OF DELAYING THE, IT, ASSUMING THE DEMOLITION COULD HAPPEN IN A TIMELY MANNER, WHICH I REALIZED MAY NOT BE THE CASE, BUT I'M NOT CLEAR WHAT THE BENEFIT IS OF WAITING.

SURE.

WELL, THE BENEFIT TO THE CHURCH WOULD BE, AND, UH, I'VE NEVER ACTUALLY LOOKED AT THE NUMBERS FOR WHAT THE CITY OF AUSTIN ENDS UP PAYING FOR THESE DEMOLITIONS.

I THINK MY ASSUMPTION IS THAT WE COULD PROBABLY GET IT DONE ON THE FREE MARKET AT A BETTER RATE THAN WHAT THE CITY PAYS, WHATEVER CONTRACTOR THEY HAVE, UH, AVAILABLE ARE ALREADY CONTRACTED TO DO THIS KIND OF WORK.

AND NUMBER TWO, UH, YOU KNOW, AGAIN, NOT KNOWING WHAT THE COST WOULD BE, BUT THE 10% INTEREST IS ALL ALSO A SIGNIFICANT AMOUNT OF MONEY GIVEN THAT THE CHURCH IS GOING TO NEED TO SELL THAT LAND, UH, OR, YOU KNOW, SELL A PORTION OF THE LAND TO REBUILD.

AND SO EVERY DOLLAR IS IMPORTANT HERE.

UM, AND SO, YOU KNOW, LIKE I SAID, I IMAGINE THAT THERE'S, THERE'S A GOOD CHANCE THAT THE CHURCH DECIDES TO TAKE IT DOWN ON THEIR OWN, UH, AND IF THEY DECIDE TO RELOCATE THE CHURCH, BUT, BUT AT THIS MOMENT IN TIME, THE BENEFIT IS BASICALLY JUST TO SAVE COST ON THAT DEMOLITION.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FROM THE COMMISSION FOR MR. CHANG? YES, I HAVE A QUESTION.

OH, UH, ACTUALLY GO AHEAD, COMMISSIONER GUMBO DAY AND WE'LL COME BACK TO YOU.

COMMISSIONER GREEN, JUST HOLD TIGHT.

OKAY.

UM, SO YOU WERE ASKING FOR SOME TIME, BUT YOU DIDN'T SPECIFY HOW MUCH TIME YOU WERE ASKING FOR, EVEN THOUGH YOU SAID THE COURT CASE MIGHT TAKE ABOUT EIGHT MONTHS TO REACH SOME SORT OF CONCLUSION.

YEAH.

AND SO, UH, CURRENTLY WE, I'M TRYING TO GET THIS CASE SET FOR TRIAL.

UH, I'M NOT SURE WHAT THE AVAILABILITY OF THE JURY DOCKET FOR TRAVIS COUNTY IS GIVEN COVID.

I DO KNOW THAT WHEN WE REQUESTED JURY, A LOT OF THINGS HAVE BEEN PUSHED BACK AND I KNOW THAT FROM MY OTHER CASES.

AND SO HOPEFULLY WITHIN THE NEXT WEEK OR TWO, I SHOULD HAVE MORE CLARIFICATION ON WHEN WE CAN ACTUALLY GET TO TRIAL.

UM, I'M HOPEFUL THAT MAYBE THEY HAVE AN OPENING WITHIN THE NEXT FOUR OR FIVE MONTHS, BUT IF NOT, UH, I GUESS REALLY, I'M JUST ASKING FOR AN EXTENSION OF WHATEVER Y'ALL ARE OPEN TO GIVING TODAY AND I'LL SHOW UP AGAIN, YOU KNOW, A MONTH OR TWO MONTHS OR THREE MONTHS FROM NOW OR WHATEVER IT IS, UH, WHENEVER YOU RESET THIS TOO.

AND I CAN GIVE YOU GUYS AN UPDATE ON ANYTHING THAT'S HAPPENING IN THAT CASE SINCE THEN.

OKAY.

THANK YOU.

COMMISSIONER GREEN.

UH, SIR, THANKS FOR THE PRESENTATION.

UM, YOU KNOW, YOU MAKE THE ARGUMENT THAT IT'S BEEN 13 YEARS AND NOTHING'S HAPPENED, BUT, UH, YOU KNOW, WE HAVE A DYNAMIC SITUATION IN THE CITY.

UM, THEY WERE LOOKING FOR SHELTER AND, UH, YOU GOT THE WINTER COMING UP AND BY YOUR OWN ADMISSION, THIS IS A PROPERTY THAT'S A DANGEROUS, AND I THINK IT'S A REAL REACH FRIDAYS NEED TO, UH, UH, TAKE THAT RISK.

AND, UH, YOU KNOW, I TEND TO GET THIS IF THE CITY DIDN'T DEED PERFORMING DEMOLITION AND, UH, IT WAS TACKED ON TO THE DEED.

IT WOULD NOT, IT WOULD, IT MAY BE SIGNIFICANT, BUT NOT SO SIGNIFICANT AS A, TO NOT MITIGATE THE RISK AND TO, UH, YOU KNOW, UH, PROVIDE THE, UH, UH, THE PASTOR AND THE CHURCH, UH, UH, YOU KNOW, A BILL THAT NEEDS TO BE RECKONED WITH, AT THE END OF A DECISION.

BUT I NEED TO SAY THAT, UH, UM, I'VE SEEN, UH, NOT SITUATIONS WHERE HOUSING PASSED, UH, LAPSED

[00:25:01]

IN ONE WAY OR THE OTHER, AND THAT'S, UH, AN ISSUE OF SAFETY.

AND I WOULD LIKE TO DEFER TO THE, UH, THE FIRE CHIEF CEO OF WHAT HE MIGHT HAVE TO, UH, SAY, UH, I PUT HIM ON THE SPOT TOO MUCH.

YES, SIR.

AND I RESPECT THAT IF THAT WAS THE FIRE CHIEF TESTIFYING EARLIER RESPECT HIS OPINION, I WASN'T HERE FOR HIS INTRODUCTION.

UH, YOU KNOW, BUT I DO BELIEVE THAT THE DEFINITION OF DANGER IS KIND OF SUBJECTIVE, YOU KNOW, IS IT DANGEROUS TO THE PEOPLE THAT NEED SHELTER WHEN IT'S COLD? OR ARE THEY THE ONES TAKING THE RISK REWARD OF IT, OR IS IT THE DANGER TO THE CITY THAT THE CITY IS GOING TO HAVE TO PAY? YOU KNOW, SOMEONE'S MEDICAL BILL FOR, FOR GETTING HARMED WHILE TAKING SHELTER.

AND SO, YOU KNOW, I'M NOT SURE WHAT LEVEL OF DANGER THE BUILDING IS.

YOU KNOW, IF SOMEONE DECIDED TO CLIMB ON THE ROOF, UH, MAYBE IT'S GOING TO COLLAPSE, BUT AS FAR AS I GUESS, RANDOM VAGRANTS, IF WE WANT TO CALL THEM TAKING SHELTER, I THINK THAT'S TAKING PLACE ALL ACROSS AUSTIN, WHETHER OR NOT THERE'S A STRUCTURE THERE.

AND SO, YOU KNOW, BASED ON THE NUMBER OF TENTS AND EVERYTHING ELSE THAT HAVE BEEN COMING UP, WHETHER THAT LAND IS AN EMPTY PLOT OR NOT, IF PEOPLE DECIDE TO TAKE SHELTER, THEY'RE PROBABLY GOING TO DO WHAT THEY NEED TO DO TO TAKE CARE OF THEMSELVES AT THAT MOMENT IN TIME.

AND SO, YOU KNOW, AGAIN, WITH ALL DUE RESPECT, I GUESS IT JUST DEPENDS ON, ON WHAT DANGER YOU'RE LOOKING AT, HOW YOU GAUGE THAT DANGER AND WHAT YOU THINK THE ACTUAL, UH, HARM LET'S SAY IN THIS CASE, SINCE Y'ALL REPRESENT THE CITY, WHAT THE HARM TO THE CITY WOULD BE, UH, TO ALLOW THE STRUCTURE TO STAND, YOU KNOW, FOR A SHORTER AMOUNT OF TIME.

OKAY.

THANK YOU.

WE ACTUALLY DO HAVE, DO HAVE CHIEF OF THE, UH, WITH US VIRTUALLY, SO CHIEF.

OKAY.

DO YOU HAVE ANYTHING TO ADD TO THIS? YES.

THANK YOU, MAN.

CHAIR, TOM, BULKY FIRE MARSHALL.

MY PRIMARY CONCERN WITH THIS WOULD BE THE, THE STRUCTURAL PROXIMITY TO THE OTHER STRUCTURES ON THE LOTS NEARBY IN CASE OF A FIRE.

OBVIOUSLY, IF WE HAD FOLKS IN INSIDE THE BUILDING, A FIRE IN THE BUILDING WOULD BE DANGEROUS, BUT THE OTHER CONCERN THEN IS AS FIRE SPREAD TO ADJACENT PROPERTIES, UH, THOSE HOUSES ON THE OTHER LOTS ARE FAIRLY CLOSE.

AND THAT WOULD BE A, JUST ANOTHER CONCERN I WOULD HAVE IS, IS EXPOSURE FIRE FOR, FOR THE RESIDENTS IN THE AREA.

AND, YOU KNOW, AGAIN, PARDON MY IGNORANCE ON THIS MATTER, BUT DOES THE HOLE IN THE ROOF OR ANY OF THE OTHER CONSTRUCTION DEFECTS LEND THE PROPERTY TO BEING MORE OF A FIRE HAZARD OR IS IT JUST, YOU KNOW, THE FACT THAT THE STRUCTURE IS THERE AND IF IT CAUGHT ON FIRE, IT WOULD BE A HAZARD SINCE IT DOESN'T HAVE SPRINKLERS OR WHATEVER ELSE IT WOULD NEED TO BE UP TO CODE.

SURE.

UM, AND SO THE PRIMARY CONCERN WITH A DAMAGED ROOF IS IF SOMETHING DOES LIGHT INSIDE THE BUILDING, IT'S NOT CONTAINED BY THE ROOF.

AND SO IT SPREADS FASTER TOO THROUGHOUT THE NEIGHBORHOOD WITH EMBER.

SO I LOSING THE ROOF ON A BUILDING IS A SIGNIFICANT, UH, DEFECT, UH, FROM A FIRE SPREAD STANDPOINT.

OKAY.

YES, SIR.

THANK YOU FOR THAT INFORMATION.

UH, IS THERE, UH, SOME KIND OF MORE COST-EFFECTIVE WAY THAT MAYBE WE COULD GO OUT AND PUT LIKE A FIREPROOF TARP OVER THE HOLE THAT COULD CONTAIN THE OXYGEN IN CASE OF FIRE THAT WOULD, YOU KNOW, CONTAIN IT JUST LIKE AS IF THERE WAS A ROOF THERE.

AND AGAIN, THAT'S JUST MY IGNORANCE, BUT I'M JUST ASKING, JUST IN CASE THERE'S AN ALTERNATIVE SHORT-TERM SOLUTION THAT WE MAY BE ABLE TO PURSUE HERE.

NOTHING THAT I'M AWARE OF THAT CURRENTLY IS AVAILABLE OR WORKS.

OKAY.

OKAY.

UH, WE HAVE, WE DO WANT TO HEAR FROM ONE OTHER COMMISSIONER COMMISSIONER THOMPSON, AND THEN IT LOOKS LIKE MR. SALINAS WOULD LIKE TO SPEAK AS WELL.

COMMISSIONER THOMPSON WHAT'S THAT AS THE OWNER OF THE PROPERTY CONSIDERED GOING AHEAD AND TEARING IT DOWN HIMSELF, SINCE THAT WOULD PROBABLY INCREASE WELL, THAT'S THE ISSUE? THE OWNER IS THE CHURCH AND THE CHURCH HAS NO FUNDS.

SO FOR THE PAST SEVEN YEARS, THEY'VE BEEN UNABLE TO HOLD SERVICE.

AND SO THEY HAD TO DISPERSE THEIR CONGREGATION AMONG OTHER CHURCHES.

AND OF COURSE THE USUALLY ONLY SOURCE OF INCOME FOR AN ORGANIZATION LIKE THIS OR A CHURCH LIKE THIS IS FROM TYPING.

AND SO WITHOUT WEEKLY SERVICE, UM, THEY DON'T HAVE A SOURCE OF FUNDS TO REALLY DO ANYTHING.

UH, YOU KNOW, WE ACTUALLY, UH, THEY FACED FORECLOSURE ON A SERIES OF LOANS.

THEY HAD, UH, YOU KNOW, ANGEL, I GUESS I DON'T WANT TO SAY INVESTOR BECAUSE IT'S A 0% LOAN, BUT THEY'VE ALREADY HAD TO BE BAILED OUT FROM FORECLOSURE ON THIS PROPERTY.

AND SO THEY HAD THE MONEY, UM, YOU KNOW, THEY WOULD LOOK INTO DEMOLISHING IT THEMSELVES, ESPECIALLY IN LIGHT OF THE FACT THAT IT SEEMS LIKELY THAT THE CITY OF AUSTIN WILL DO IT, UH, DUE TO THE DANGER OF DESCRIBED BY THE FIRE CHIEF AND BY THE OFFICER EARLIER.

BUT LIKE I SAID, UNFORTUNATELY, THEY'RE JUST NOT IN A FINANCIAL POSITION TO DO SO.

THE PROPERTY IS IN, NOT IN AN INDIVIDUAL'S LANE, BUT IN THE CHURCH'S NAME.

UH, YES, SIR.

THAT'S UNUSUAL.

YEAH.

SO WE

[00:30:01]

HAVE THREE OTHER COMMISSIONERS LOOKS LIKE WHO WANTS TO ASK QUESTIONS? I'M GOING TO LET THEM ASK THEIR QUESTIONS BECAUSE THEY MIGHT BE, MIGHT ALL BE SIMILAR.

AND THEN IF YOU COULD JUST HOLD TO RESPOND, IF THAT WOULD WORK.

OF COURSE.

OKAY.

GO AHEAD.

COMMISSIONER.

SAY LIKE I HAVE A COUPLE OF QUESTIONS.

NUMBER ONE IN OUR PRESENTATION THAT IS WITHIN A SCHOOL ZONE.

OH, EXCUSE ME.

WE HEARD IN THE PRESENTATION EARLIER THAT IT'S IN A SCHOOL ZONE.

HOW CLOSE IS THIS BUILDING TO A SCHOOL? AND WHAT KIND OF SCHOOL IS IT IN ELEMENTARY SCHOOL? MIDDLE SCHOOL.

DO YOU KNOW? DO YOU WANT ME TO ANSWER THAT NOW? YES.

GO AHEAD.

I'M SORRY.

OKAY.

SO MANY OF THAT BUILDING IS, UH, IT'S, IT'S AT LEAST A MILE AWAY FROM A SCHOOL.

OKAY.

UH, THE CLOSEST, UH, STRUCTURE IS A COMMERCIAL STRUCTURE JUST ACROSS, JUST EAST OF IT.

UM, THERE IS A CHURCH, UH, THAT'S ON EAST 12TH, DOWN THE ROAD, ALSO A CHURCH ON EAST 13TH, BUT I MUST FOLLOW UP WITH THE FIRE.

MARSHALL SAID THAT THE HOME BEHIND THAT IS A, THE GARAGE IS 15 FEET FROM THAT.

THE BACK, THE MAJOR STRUCTURE OF THAT HOME IS ABOUT 25 TO 30 FEET.

SO IT'S MORE DANGEROUS TO THE ADJACENT NEIGHBORHOOD THAN IT IS TO THE SCHOOL ZONE.

OKAY.

THANK YOU.

WELCOME.

MY OTHER QUESTION FOR YOU IS THAT SINCE THEY, THEY HAVE NO RESOURCES, HOW HAVE THEY BEEN CURRENT WITH OUR TAXES ON THE PROPERTY? THAT'S WHY THEY HAD A ANGEL.

I DON'T WANT TO SAY, I DON'T KNOW WHAT THE TERM FOR IT.

THEY HAD SOMEONE COME IN AND BAIL THEM OUT BASICALLY.

SO THEY'RE NOT PASSING YOU ON ANY OF THE TAXES.

I KNOW THEY'VE, THEY'VE PAID THE TAX.

THAT TO MY KNOWLEDGE THERE THEY'VE PAID THE TAXES ON ALL THE LAWS.

YEAH.

MAYBE THEY CAN GO TO THE ANGEL, PAY FOR THEM TOMORROW.

THANK YOU.

THANK YOU, COMMISSIONER.

FERERA.

THANK YOU.

UM, UM, IN YOUR TESTIMONY, YOU KNOW, YOU SAID THAT I THINK IN THE LAST 13 YEARS, IT'S BEEN DIFFICULT FOR THEM TO HAVE ANY FUNDS TO ADDRESS THE ISSUES WITH THIS PROPERTY.

I I'M UNCLEAR, AND MAYBE YOU CAN HELP ME.

WHAT DO TWO MONTHS OR EIGHT MONTHS AFTER 13 YEARS, WHAT'S GOING TO BE DIFFERENT.

THAT MAKES YOU THINK THAT YOU'LL BE ABLE TO DEAL WITH THIS PROPERTY? UH, WELL, SO SORRY, AND I MAY HAVE MISSPOKEN, IT'S BEEN A LITTLE OVER SEVEN YEARS, UH, OR ALTHOUGH NO, IT'S EIGHT YEARS NOW.

SORRY.

UM, SO I ACTUALLY DIDN'T GET INVOLVED IN THIS.

THE, THE LITIGATION WAS ORIGINALLY FILED IN 2016.

UH, ONE OF THE MEMBERS OF THE CHURCH THAT I HAD COMPLETED PRO BONO WORK FOR PREVIOUSLY FOUND ME IN 2018.

AND SO THERE WERE A COUPLE OF YEARS WHERE THE CASE IS YOU'RE SITTING THERE BECAUSE THE PERSON WHO SUED THE CHURCH KNEW THAT THE CHURCH DIDN'T HAVE FUNDS TO DEFEND THEMSELVES.

AND THEY WERE JUST WAITING FOR EITHER A FORECLOSURE TO COME UP OR SOMETHING ELSE TO HAPPEN.

AFTER I STEPPED IN, I PUSHED THE CASE TO TRIAL, OR WE WENT TO TRIAL.

THE APPEAL TOOK A YEAR, UNFORTUNATELY.

UH, AND SO THAT'S WHY I BELIEVE WITHIN THE NEXT YEAR, WE WILL HAVE A RESOLUTION TO THIS.

I MEAN, A YEAR AT THE LATEST, UH, ALTHOUGH, SORRY, I CAN'T SAY YOU'RE AT THE LATEST BECAUSE HONESTLY, I DON'T KNOW HOW LONG THE APPELLATE COURT HAS TAKEN ON THINGS RIGHT NOW.

I DO HAVE SEVERAL CASES, UH, IN FRONT OF THEM AND, YOU KNOW, WITH NO REAL TIMETABLE ON WHEN THEY'RE GOING TO RETURN WITH SOMETHING.

UM, BUT, BUT THAT'S WHY, YOU KNOW, THE FIRST FIVE YEARS OF IT, NOTHING WAS REALLY HAPPENING.

UM, AND THEN, YOU KNOW, THE PAST THREE YEARS HAS BEEN THE ME PUSHING LITIGATION, THE APPEAL, THE APPEAL, AND THEN THEY REFILED, UM, IN DISTRICT COURT, I WANT TO SAY MAYBE EIGHT, EIGHT OR NINE MONTHS AGO.

AND SO THAT, THAT THE DIFFERENCE IS, YOU KNOW, WHAT, ONCE THE LITIGATION IS COMPLETED, UH, THE CHURCH WILL HAVE THE ABILITY TO EITHER REFINANCE THAT LAND OR SELL THAT LAND BECAUSE IT DOES HAVE SIGNIFICANT VALUE.

OF COURSE, YOU STILL BE ABLE TO SELL IT IF THE CITY DEMOLISHED HIS PROPERTY.

OH, YES, SIR.

I'M UM, AGAIN, MAINLY DUE TO THE FACT THAT I AM IGNORANT OF THE COST OF THE CITY DEMOLISHING VERSUS THE COST OF THE CHURCH, FINDING, YOU KNOW, THEIR OWN PRIVATE CONTRACTOR DEMOLISH.

UM, THE CHURCH IS TRYING TO SAVE EVERY DOLLAR POSSIBLE BECAUSE IN ORDER LET'S SAY THEY SELL THE LAND.

IF THEY WANT TO MINISTER TO THEIR SAME CONGREGATION, WHICH IS IN THAT EAST AUSTIN AREA, IT'S GOING TO TAKE A LOT OF MONEY TO, TO FIND ANOTHER PLOT OF LAND OR TO FIND ANOTHER BUILDING, UM, AND TO, YOU KNOW, JUST MAINTAIN WHAT THEY HAD BEEN DOING PREVIOUSLY.

AND SO, UM, I'M NOT SURE IF IT'S A LOT OF MONEY, I'M NOT SURE IT'S A LITTLE MONEY, BUT EVERY DOLLAR DOES COUNT HERE.

THANK YOU.

THANK YOU, COMMISSIONER.

THANK YOU, MADAM CHAIR.

I'M THINKING MR. TRENT, I GUESS I WOULD JUST WANNA MAKE SURE I UNDERSTAND.

AND THE EXPOSURE THAT YOU BELIEVE YOUR CLIENT RISKS, IF THE CITY PROCEEDS IS THE POTENTIAL FINANCIAL

[00:35:01]

HARM, IS THAT MEASURED BY THE DELTA BETWEEN WHAT A FREE MARKET DEMOLITION COULD COST THE CHURCH ONCE.

AND WHEN THE CHURCH WAS ABLE TO SECURE THAT DEMOLITION AND THE, I GUESS THEY'RE PRESUMING A HIGHER COST OF THE LIEN PLUS THE INTEREST THAT WOULD ATTACH IF THE CITY HAD THAT DEMOLITION DONE, IS THAT, IS THAT THE ENTIRE SORT OF MEASURE OF DAMAGES, IF YOU WILL? UH, WELL THAT WOULD BE THE PRIMARY MEASURE OF DAMAGES.

THE CHURCH STILL HASN'T DECIDED WHETHER OR NOT THEY WANT TO, UM, REPAIR THE STRUCTURE.

IF, IF THIS LITIGATION IS OVER, UH, AND THEY'RE HAVE ACCESS TO THEIR LAND, THERE IS A WORLD WHERE THEY MAY REFINANCE TO, TO RENOVATE THAT STRUCTURE BECAUSE THE COST OF DOING THAT IS GOING TO BE LESS THAN FINDING AN ALTERNATIVE LOCATION IN EAST AUSTIN.

AND SO, UM, YOU KNOW, AGAIN, I DON'T WANT TO SPEAK TO WHAT THEY'RE GOING TO DO, OR, BUT THAT IS DEFINITELY A POSSIBILITY RIGHT NOW THAT THEY'VE BEEN LOOKING INTO, UH, UNFORTUNATELY JUST GIVEN THE LITIGATION, IT'S HARD FOR THEM REALLY TO PROCEED WITH THAT TYPE OF INVESTIGATION BECAUSE NO CONTRACTOR OR ANYONE ELSE IS GOING TO SPEND THE TIME TO COME TO THE TABLE WHEN THEY KNOW WE DON'T HAVE MONEY YET.

OKAY.

AND THEN TO FOLLOW UP, I BELIEVE YOU'VE ADDRESSED THIS POSSIBLY EVEN TWICE ALREADY.

SO FORGIVE ME IF I'M ASKING YOU TO REPEAT SOMETHING, BUT I JUST WANT TO MAKE SURE THAT I'M AS CLEAR AS POSSIBLE.

IS THERE, DOES THE LITIGATION PRESENT ANY SORT OF LEGAL IMPEDIMENT TO THEM PROCEEDING WITH THE DEMOLITION? FOR EXAMPLE, THERE ARE LIS PENDENS.

IS THERE SOMEBODY WITH AN INTEREST WHO COULD STAY, UH, THE, UH, UH, THE, THE, THE, UH, THE DEMOLITION AND ANYTHING LIKE THAT, OR IS IT JUST A MATTER OF THE UNCERTAINTY CREATED BY THE LITIGATION MAKES IT FINANCIALLY INCONVENIENT FOR THEM TO DEMOLISH AT THIS TIME? UH, SO YEAH, THERE IS THE LIS PENDENS ON LAND RIGHT NOW.

UH, I BELIEVE BY THE LETTER OF THE LAW, THE LIS PENDENS IS ON THERE.

IMPROPERLY, UNFORTUNATELY, THE DISTRICT JUDGE WHO HEARD MY EMOTION DISAGREED WITH ME, WHICH IS THEIR RIGHT TO DO.

UM, BUT BASICALLY THE CLAIM TO THE LIS PENDENS IS THEY'RE CLAIMING SPECIFIC PERFORMANCE UNDER THOSE 2013 CONTRACTS, THE 2013 CONTRACTS REFLECTED A FACE VALUE ACROSS THE THREE CONTRACTS OF A LITTLE OVER HALF A MILLION DOLLARS.

UH, THE APPRAISAL THAT I HAD DONE BACK IN 2019, UH, ESTIMATED THE LAND TO CURRENTLY HAVE A VALUE OF MAYBE 1.7 MILLION.

AND SO TO HAVE SPECIFIC PERFORMANCE, ONE OF THE THINGS THAT THE PLAINTIFF NEEDS TO PROVE IS THAT MONETARY DAMAGES WOULD INADEQUATELY COMPENSATE.

AND SO THE PLAINTIFFS, SINCE WE ALREADY WENT TO TRIAL THE PLAINTIFF, ACTUALLY, I ALREADY ADMITTED ON THE STAND THAT HE HAD NO MONETARY DAMAGES, WHICH IS ONE OF THE PRIMARY REASONS WHY I THINK THIS CASE WILL GET DISMISSED BY THE APPELLATE COURT BECAUSE MONETARY DAMAGES IS AN ESSENTIAL ELEMENT, NOT ONLY TO HIS BREACH OF CONTRACT CLAIM, UH, BUT ALSO TO OBTAINING SPECIFIC PERFORMANCE, WHICH IS A REMEDY IN LIEU OF MONETARY DAMAGES.

AND SO, UM, SO YEAH, THERE IS A LIS PENDENS ON THERE.

I MEAN, TO BE HONEST WITH YOU, I IMAGINE, UH, THE PLAINTIFF IN THIS CASE, WHO'S CLAIMING POSSESSION OR CLAIMING THE RIGHT TO POSSESSION IN THE FUTURE, UNDER THE VALUE ON THE ORIGINAL CONTRACTS.

HE PROBABLY WOULDN'T OBJECT TO THE CITY, UH, TAKING THE LAND DOWN TO MY KNOWLEDGE.

HE IS, UM, FINANCIALLY WELL OFF AND HE LIKELY WOULD NOT WANT THE STRUCTURE ON THERE.

AND SO, YOU KNOW, I, I WISH THERE WAS SOME OPPOSITION ON HIS END, I GUESS I CAN'T SPEAK FOR HIM.

SO THERE'S A POTENTIAL HE'S OPPOSED TO IT.

UH, BUT JUST TO BE HONEST WITH YOU, I DOUBT THAT'S AN IMPEDIMENT TO THE CITY DOING A DEMOLITION.

OKAY.

I DON'T WANT TO ASK YOU TO GET TOO DEEP INTO YOUR LITIGATION PLAYBOOK HERE IF IT'S NOT APPROPRIATE TO DO SO, BUT IN THE EVENT THAT THIS COMMISSION TONIGHT SHOULD VOTE, UH, TO, UM, ADOPT STAFF'S PROPOSED ORDER AND ORDER DEMOLITION, DO YOU IMAGINE THAT YOU WOULD SEEK A STAY OF THAT ORDER EITHER IN THE PENDING LITIGATION OR IN A SEPARATE ACTION AND THE DISTRICT COURT? UH, I MEAN, TO BE HONEST, I WOULD SAY THAT GIVEN THE FACT THAT, UH, THAT THOSE ARE OPTIONS THAT ARE AVAILABLE AND I HAVEN'T DISCUSSED IT WITH MY CLIENT, I HAVEN'T DISCUSSED IT WITH THE BOARD OF THE CHURCH.

I HAVEN'T DISCUSSED THAT OPTION WITH THE PASTOR.

UM, BUT WHAT I WOULD SAY IS THAT I DOUBT THAT THE CHURCH WOULD WANT TO BURDEN THE CITY WITH LITIGATION, UH, ON THIS ISSUE, ESPECIALLY SINCE THERE'S A HIGH LIKELIHOOD THAT, UM, THEY MAY DECIDE TO DEMOLISH IT THEMSELVES IN THE FUTURE.

AND SO, UH, YOU KNOW, IT'S A POSSIBILITY I DON'T WANT TO SPEAK FOR MY CLIENT BECAUSE I HAVEN'T ASKED THEM ALL I CAN SAY IS, UH, YOU KNOW, I PERSONALLY BASED OFF OF WHAT I KNOW ABOUT MY CLIENT, UH, I DOUBT THAT THAT'S SOMETHING THEY WOULD PURSUE.

OKAY.

UH, THANK

[00:40:01]

YOU VERY MUCH.

MADAM CHAIR.

I DON'T HAVE ANY FURTHER QUESTIONS.

THANK YOU.

OKAY.

THANK YOU.

UH, ANY OTHER QUESTIONS FROM THE COMMISSION AND MR. SALINAS, DO YOU HAVE ANYTHING TO ADD? OKAY.

THANK YOU.

OH, ALL RIGHT.

WELL, WE'LL LET YOU ADD IT.

YES, PLEASE.

YES.

IF YOU'D STEP UP TO THE MICROPHONE UM, BRIEFLY PLEASE.

UM, IS THE FIRE CHIEF STILL AROUND BY ANY CHANCE? YES.

YES.

UH, CHIEF FOCI FIRE MARSHALL VOKEY.

ARE YOU STILL WITH US? OUR FIRE MARSHALL.

SORRY.

UH, SO MR. SALINAS WANTED TO KNOW IF THE CHURCH WAS ABLE TO, UH, COVER THE HOLE WITH TARP, UH, WHICH, YOU KNOW, OR FIND SOME OTHER TEMPORARY MEASURE THAT COULD COVER THE HOLES.

IF THAT WOULD DO ANYTHING TO REDUCE THE FIRE HAZARD, IT DOESN'T, IT WOULD NEED TO BE A RATED ROOF, UH, FOR, TO REDUCE THE FIRE HAZARD.

THAT WOULD BE MY MAIN CONCERN.

THE TARP WOULD, UH, WOULD BURN THROUGH OR MELT THROUGH VERY QUICKLY.

YEAH, THAT'S, THAT'S WHAT I FIGURED.

BUT, UM, ANYWAY, THAT WAS A GOOD QUESTION.

UH, I GUESS NOTHING FURTHER FROM US.

THANK, THANK YOU ALL FOR YOUR TIME.

I APPRECIATE IT.

AND, UH, YOU KNOW, APPRECIATE YOUR CONSIDERATION AS WELL.

THANK YOU.

THANK YOU.

AND COMMISSION DISCUSSION MOTION WOULD BE WONDERFUL.

ONE DISCUSSION 0.1 THING I'D LIKE TO JUST, UM, YOU KNOW, ALTHOUGH I'M SYMPATHETIC TO THE, TO THE CHURCH'S POSITION, I THINK THIS IS SPECULATION, BUT, UM, WITH THE CURRENT COST OF THE ESCALATION, THAT'S IN THE CONSTRUCTION INDUSTRY AND CHARITY, I KNOW YOU'RE PERSONALLY INVOLVED IN THAT INDUSTRY.

I WOULD SPECULATE THAT, UH, UH, A, UH, FREE MARKET DEMOLITION IN EIGHT MONTHS, 10 MONTHS MAY COST MORE THAN THE DEMOLITION, UH, TODAY DONE BY THE CITY.

EVEN IF THERE IS A CURRENT DELTA IN SIX MONTHS, EIGHT MONTHS, 10 MONTHS, DELTA ALTO MAY HAVE FLIPPED BECAUSE AS YOU KNOW, WE'RE SEEING KIND OF HISTORIC KINDS OF INCREASES IN THAT INDUSTRY RIGHT NOW.

SO, UM, I THINK AT LEAST FOR ME, UM, BELIEVING THAT IT MAKES ME THINK THAT THAT'S KIND OF THE ONE REASON THEY'VE GIVEN FOR A DELAY.

UM, ISN'T REALLY IN PLAY ANYWAY.

THAT'S MY COMMENT.

THAT'S, THAT'S A VERY GOOD POINT.

UM, I DO THINK THERE, THERE IS THE POSSIBILITY AS THEY HAD MENTIONED THAT IF THE CHURCH DECIDES TO HOLD ON TO THE LAND, THAT THEY MIGHT REDEVELOP IT, IN WHICH CASE IT MIGHT BE BENEFICIAL FOR THEM TO NOT HAVE DEMOLISHED THE BUILDING, IT WOULD NEED TO BE NEARLY DEMOLISHED IN ORDER TO RENOVATE IT.

UM, AND IT LOOKS LIKE OUR INSPECTOR ADAMS HAD SOMETHING TO ADD TO THAT.

UH, YES I DID.

UM, UH, THE GENTLEMAN CAME UP AND MENTIONED THAT, UH, IT'S BEEN LIKE SEVEN YEARS FOR THIS PROPERTY BEING THIS CONDITION, ACTUALLY, UH, THERE WAS A PERMIT, UM, TRIED TO OBTAIN THE PERMIT OR TRIED TO OBTAIN A PERMIT FROM THE CITY IN 2006 TO REROOF THAT BUILDING.

AND THEY ACTUALLY GOT THE PERMIT AND IT EXPIRED WITH NO WORK BEING DONE.

SO THIS HAS BEEN AN ISSUE SINCE 2006, WHICH MEANS THAT BUILDING PROBABLY HADN'T BEEN OCCUPIED SINCE 2006.

THAT'S ALL I HAVE TO SAY.

OKAY, THANK YOU, COMMISSIONER GREEN.

I MOVED THAT WE, UH, THE DISCUSSION, UM, AT THE MORNING AND, UH, SO WE NEED TO DO THAT NOW.

UH, WE CAN, OR WE CAN KEEP IT OPEN EITHER WAY, BUT IS THERE ANOTHER, WOULD YOU LIKE TO MAKE ANOTHER MOTION WITH THAT? AND THEN WE, UH, EXCEPT THE, UH, THE BACK, UH, UH, STEP, WAS THAT A MOTION TO ADOPT STAFF'S RECOMMENDED ORDER, WHICH WAS TO DEMOLISH THE STRUCTURE WITHIN 45 DAYS.

OKAY.

THERE IS.

AND COMMISSIONER THOMPSON HAS SECONDED FURTHER

[00:45:01]

DISCUSSION.

OH YES.

COMMISSIONER STILL SAD.

THANK YOU, MADAM CHAIR YET.

I JUST THOUGHT I WOULD WEIGH IN BRIEFLY AT THE, I'M GOING TO MOSTLY ECHO THE THOUGHTS EXPRESSED BY COMMISSION FOR, UM, I GUESS MY, MY THINKING ON THIS, SINCE THAT I FEEL THAT OUR ROLE AS A COMMISSION IS TO DETERMINE WHETHER OR NOT A VIOLATION HAS OCCURRED, UM, NOT TO BE MAKING A SORT OF AD HOC DETERMINATION OF THE DANGEROUSNESS OF A GIVEN STRUCTURE.

I THINK WE'RE NOT, UM, YOU KNOW, WE LACK THE EXPERTISE TO DO THAT.

UM, AND WE'RE NOT THE POLICY-MAKING ARM OF THIS CITY.

UM, THE POLICY HAS BEEN MADE ARTICLE MINE, PROPERTY MAINTENANCE CODE, UH, CHAPTER 25 12, YOU KNOW, THE INTERNATIONAL STANDARDS.

THOSE HAVE BEEN ADOPTED, UM, FOLKS WITH THE EXPERTISE TO GO ASSESS WHETHER THERE'S A VIOLATION, UH, STAFF HERE, THEY COME BEFORE US.

AND WE BASICALLY DECIDE WHETHER A VIOLATION HAS OCCURRED.

UM, NOT WHETHER WE THINK IT'S PARTICULARLY DANGEROUS.

UM, NOW OBVIOUSLY THAT IS SUBJECT TO SOME WAITING TO SOME WEIGHING OF THE EQUITIES.

OTHERWISE THEY WOULD HAVE A COMPUTER DO WHAT WE DO.

THEY WOULDN'T NEED A COMMISSION WITH HUMAN BEINGS WITH HUMAN JUDGMENT, BUT IN THIS CASE, UM, I'M, I'M SATISFIED BY, UH, UH, CHIEF VOLKIS, UH, EXPLANATION OF THE, UM, UH, MR. ADAMS, THE, UH, INCREASED FIRE HAZARD CREATED BY THE LACK OF A ROOF, THE PROXIMITY TO OTHER STRUCTURES KNOW I'M, I'M SATISFIED THAT THIS IS A SERIOUS HAZARD WHEN WEIGHED AGAINST THE RELATIVELY MINOR COSTS DESCRIBED BY, UM, THE PROPERTY OWNERS REPRESENTATIVE.

I HAVE TO HAVE TO FAVOR, UH, ADOPTING STAFF'S FINDINGS IN THIS CASE.

SO THAT'S JUST MY, MY THINKING ON THIS BEFORE WE GET AROUND TO BUILDING.

THANK YOU.

OKAY.

THANK YOU.

ANY FURTHER COMMENTS FROM THE COMMISSION? YES.

COMMISSIONER SELIG.

WE'VE LEARNED THAT THE, UM, CHURCH HAS AN ANGEL BENEFACTOR WHO THE CO COME IN AT THE LAST MINUTE TO HELP PAY TAXES.

SO THEY'RE NOT IN THE REARS.

PERHAPS IF WE, OR WHEN WE ADOPT THIS MOTION, IT WILL INCENTIVIZE THE ANGEL BENEFACTOR COME IN AND PERHAPS GIVE THEM SOME MONEY SO THEY CAN DO IT ON THEIR OWN WITHOUT THE CITY FORCING THEM TO DO IT WITHOUT CITY DUTY ITSELF.

SO ALSO A VALID POINT.

YES.

OKAY.

I'M ACTUALLY GOING TO GO AHEAD AND CALL THE QUESTION AND I WILL DO A ROLL CALL FOR THIS.

UM, SO AS I, AFTER I CALL YOUR NAME, IF YOU WOULD PLEASE INDICATE IF YOU AGREE WITH THE MOTION OR, OR NOT COMMISSIONER THOMPSON.

I AGREE WITH MOTION.

OKAY.

VICE CHAIR.

ABILA, I'M VOTING AGAINST COMMISSIONER FERRERA.

I SUPPORT THE CITY'S, UM, MOTION.

OKAY.

THANK YOU.

COMMISSIONER.

SAY, LOOK, I VOTE IN FAVOR OF THE MOTION.

OKAY.

THANK YOU.

COMMISSIONER GUMBO DAY.

I AGREE WITH THE MOTION AS WELL.

OKAY.

THANK YOU, COMMISSIONER MUELLER.

I AGREE WITH THE MOTION.

OKAY.

UH, COMMISSIONER GREEN AGREE.

OKAY.

AND COMMISSIONER SEELIG.

I'M SORRY.

COMMISSIONER STILL SAID VOTE.

YES, I AGREE.

OKAY.

AND I ACTUALLY AM OPPOSED TO THE MOTION, BUT THE MOTION PASSES.

IT IS SEVEN TO TWO.

AND, UH, WE THANK YOU FOR COMING DOWN AND TALKING WITH US THIS EVENING AND A COPY OF THIS ORDER WILL BE MAILED OUT TO THE, UH, PROPERTY OWNER.

AND, UM, THAT WAS AN EXCELLENT PRESENTATION BY THE WAY, MR. CHANG.

OKAY.

THANK YOU.

UM, YES, COMMISSIONER PROGRAM.

I KNOW THIS IS KIND OF UNUSUAL AND A LITTLE BIT OUT OF THE AGENDA, BUT I N ON THE WAY OVER HERE, UH, I HEARD ON THE NEWS, YOU KNOW, THE, ONE OF OUR CODE DEPARTMENT OFFICERS, YOU KNOW, DOING THEIR JOB THIS MORNING WAS SHOT AT TRYING TO ENFORCE, UH, UH, A LAWN MAINTENANCE ORDER.

UM, AND I JUST WANT TO MAKE, I THINK, SPEAK FOR ALL OF US AND SAY THAT WE, WE DEFINITELY VALUE WHAT YOU DO AND, UH, FOR, FOR THE CITY.

AND, UH, I'M SURE, YOU KNOW, NOBODY EXPECTS THAT SORT OF A DANGER IN THEIR JOB, BUT, UM, WE RECOGNIZE THAT THAT, UH, YOU KNOW, YOU RISK MORE THAN YOU RISK A LOT TO WHAT FOR THE, FOR THE GOOD OF THE CITY.

SO PROBABLY COULD HAVE SAID THAT IN A MORE POETIC WAY, BUT I HOPE YOU UNDERSTAND THE SENTIMENT.

SO,

[00:50:01]

YEAH.

AGREED.

THANK YOU.

ALL RIGHT.

COORDINATOR ALLEY.

ALL RIGHT.

ITEM NUMBER TWO

[2. Case Number: CL 2021-156922 6121 Ponca Street / Owner: R. Munson Investments, LLC Staff Presenters: Khary Dumas and Aurelio Martinez Staff recommendation: Repair residential structure]

ON THE AGENDA IS REGARDING A GROUP, A DUPLEX OPERATING AS A ROOMING AND BOARDING HOUSE LOCATED AT 6 1 2 1 PONKA STREET.

THE CASE NUMBER IS 20 21 1 5 6 9 2 2.

THE EXHIBITS CAN BE FOUND IN THE NAVY BLUE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THIS CASE.

THIS RESIDENTIAL DUPLEX IS CURRENTLY REGISTERED AS A ROOMING AND BOARDING HOUSE THROUGH OUR CITY LICENSING PROGRAM.

THIS PROPERTY HAS BEEN CITED UNDER IPMC, WHICH IS INTERNATIONAL PROPERTY MAINTENANCE CODE FOR PROPERTY, FOR PLUMBING, MAINTENANCE, SANITATION, UNSAFE CONDITIONS, AND PLUMBING SYSTEM HAZARDS DUE TO THE PLUMBING HAZARDS AT THIS PROPERTY.

THIS CASE IS A HEALTH AND SAFETY CONCERN, AND IT'S CONSIDERED DANGEROUS WITH UNSAFE AND SUBSTANDARD CONDITIONS AND REQUIRES IMMEDIATE REPAIR AND YOUR READERS OR GOOGLE DRIVE FOLDERS.

YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS A STRUCTURAL MAP OF THE PROPERTY AS WELL AS CORRESPONDENCE FROM AUSTIN WATER AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO H AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR KYRIE DUMAS IS ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS MARKED AS EXHIBITS TWO A THROUGH TWO H AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR ORELIO MARTINEZ IS ALSO HERE TO TESTIFY REGARDING THE VIOLATIONS AND CONDITIONS AT THE PROPERTY INSPECTOR, DUMAS AND MARTINEZ.

PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS FOR THE RECORD.

MY NAME IS KYRIE DUMAS, AND THIS IS A REALLY YOUR MARTINEZ.

WE ARE THE OFFICERS ASSIGNED TO THIS CASE AS OF JUNE 16TH, 2021.

THIS IS A DUPLEX PROPERTY WITH WOODSIDE SIDING AND A GABLE ROOF SYSTEM.

YOU UTILIZE AS A ROOMING AND BOARDING HOME LOCATED AT 61 21 PONKA STREET.

LEGAL NOTICE HAS BEEN SENT TO THE TK, THE OWNER, AND A REGISTERED AGENT TO ON TWO SEPARATE OCCASIONS FOR THE DETAILS THAT FOLLOW AS A ROUTINE CHECK TO VERIFY THE PROPERTY WAS STILL BEING UTILIZED AS A LODGING ESTABLISHMENT MARTINEZ AND MYSELF OBSERVED LARGE ACCUMULATION OF HUMAN WASTE FECES URINE LOCATED IN THE REAR OF THE PROPERTY.

THIS CASE WAS CREATED DUE TO FOUND DUE TO THE FOUND ACTIVITY AND THE CITED VIOLATIONS, WHICH ARE CONSIDERED DANGEROUS CONDITIONS, AS WELL AS A HELP AND SAFETY CONCERN CONTACT WAS MADE VIA PHONE WITH THE OWNER'S AGENT, MR. JOHN BRUNO ON THE INITIAL INSPECTION, INFORMING HIM THAT THE PROPERTY, WHICH WAS THE PROPERTY STATE AND THE CONDITION AND WHOSE RESPONSIBILITY IS TO MAINTAIN THIS LOCATION ON JUNE 16TH, 2021, ON OUR INITIAL INSPECTION, THIS PROPERTY WAS PLAQUE AT AN UNSAFE CONDITION.

AFTER SPEAKING WITH THE TENANTS, WHICH WAS STATED, THIS WAS AN ONGOING PROBLEM AT THIS LOCATION, WHERE THEY WAS DIRECTED NOT TO UTILIZE THE TOILETS TO DEPRECATE JUNE 18TH, 2021, A NOTICE OF VIOLATION WAS POSTED TO REMEDY THE DEFAULT DEPLOYMENT, CREATING UNSAFE AND UNSANITARY CONDITIONS AS A FOLLOW-UP INSPECTION WAS CONDUCTED ON JUNE 25TH.

IT CIRCULATION PUMP WAS INSTALLED AND LINE WAS PLACED OVER THE OVAL OVER THE CLEANUP, DUE TO THE PENDING STATUS OF A PLUMBING PERMIT.

I FOLLOW UP WASN'T UNTIL AUGUST 5TH, 2021, WHICH THERE WAS PLEASANT PRESENT HUMAN WAYS FROM THE DISPOSABLE SYSTEM ON AUGUST 30TH, 2021 TO FOLLOW UP A HUMAN HUMAN MATTER WAS PRESENT SEPTEMBER 3RD, 2021.

A NEW NOTICE OF VIOLATION WAS SENT FOR THE CIRCULATION PUMP BEING INSTALLED WITHOUT PROPER TRES PERMIT AND THE ADDRESS, THE PLUMBING, CREATING DANGEROUS CONDITIONS ON SEPTEMBER 8TH, 2021.

THE PROPERTY WAS POSTED WITH A NEW NOTICE OF VIOLATION SEPTEMBER 15TH, 2021.

I SPOKE TO JOHN, WHICH WAS THE PLUMBING INSPECTOR THAT WAS ASSIGNED FROM DEVELOPMENT SERVICE THAT STATED THE PUMP OR THE SEWER LINE IS NOT WORKING AS INTENDED.

AND THE FINAL WAS, HAS FAILED ON SEPTEMBER 21ST, 2021 INSPECTION.

THE PROPERTY REMAINS IN VIOLATION WHEN HUMAN WASTE AND IT, AND IT WAS CITED.

A CITATION WAS ISSUED.

THE PROPERTY WAS PLANTED

[00:55:01]

WITH DANGEROUS CONDITIONS.

I TOLD 11 A PLUMBING PERMIT WAS FINE AND THE PUMP AND THE PUMP FOR THE PUMP BEING INSTALLED.

BUT FROM THEN TO NOW, THIS PROPERTY CONTINUED TO HAVE ISSUES WITH THEIR DISPOSAL, PLUMBING SYSTEM AND HUMAN WASTE ACCUMULATING IN THE REAR OF THE PROPERTY, CREATING A NUISANCE IN DANGEROUS CONDITIONS.

THIS PROPERTY IS OCCUPIED BY INDIVIDUALS THAT ARE SICK ELDERLY WITH DISABILITIES.

MY PARTNER RELTIO WOULD TESTIFY ON THE COMMUNICATION WITH DIFFERENT DEPARTMENTS.

UH, GOOD EVENING COMMISSIONERS.

MY NAME IS REALLY OLD MARTINEZ.

UH, I WOULD, AS FAR AS CONTACTING THE AUSTIN WATER DEPARTMENT AND I WANTED SOME CLARIFICATION ON A PUMP AND THE USE OF THE PUMP.

AND I WAS SO THAT IT WAS FELL UNDER THE NON-CONFORMING STATUE OR STANDARDS FOR THAT PARTICULAR PROPERTY, BUT THEY DID TELL ME THE PUMP, UH, SHOULD BE MAINTAINED AND KEPT TO BE WORKING AS IT'S INTENDED TO DO.

UH, I WAS ALSO TOLD THAT THEY KEPT A RECORD OF THE NUMBER OF TIMES THEY'D BEEN OUT THERE TO ALSO, UH, CLEAN UP THE SPILLS OF THE, UH, HUMAN WASTE OUT THERE.

THEY PROVIDED US WITH A CHART AND I BELIEVE WE MAY HAVE A REPRESENTATIVE FROM THE WATER DEPARTMENT WHO CAN TESTIFY TO THE FACT OF THE NUMBER OF TIMES THERE'VE BEEN OUT THERE.

THIS HAS BEEN A CONTINUOUS PROBLEM AS FAR AS WE CAN TELL SINCE 2019, UH, THAT THEY'VE BEEN OUT THERE.

SO I'M NOT SURE THERE'S SOMEONE HERE WITH A WATER DEPARTMENT.

WE HAVE TWO PEOPLE ONLINE, CHARLES.

UH, I DO SEE A CHARLES ARNOLD.

YEAH, THAT'S WONDERFUL WATER.

OKAY.

WELL W WHERE THEY GET ONLINE, UH, I ALSO CONTACTED WATERSHED DEPARTMENT, UM, TO SEE IF THEY COULD HELP US, UH, IN SIMILAR FASHION TO TAKE CARE OF THE POLLUTANTS.

SO THE HUMAN WASTE THAT WAS BEING DISCHARGED OUT THERE.

I CAN TELL YOU THAT I WAS OUT THERE AS LATE AS MONDAY, AND I COULD SEE THERE WAS A FAIR, FAIRLY LARGE SPILL, AND I'M NOT SURE WHO CLEANED IT UP, BUT THE WATER DEPARTMENT TOLD ME THIS MORNING THAT THEY WERE OUT THERE THE SAME DAY.

SO I'M NOT SURE IF THEY WENT OUT THERE AND, UH, CLEANED THE SPILL AND, AND PUT A LARGE AMOUNT OF LINE OUT THERE ON THE PROPERTY.

UH, MR. ARNOLD, WERE YOU SWORN IN EARLIER, EARLY? OH, NO, I ACTUALLY, I'M TALKING ABOUT THE REPRESENTATIVE FROM THE WATER DEPARTMENT OR ARE THEY ONLINE? YEAH.

SO, UM, I'M HERE.

NO, NO, I WASN'T SWORN IN EARLIER.

ALSO.

CAN YOU ADD IN, UM, MR. RICK CORNETTO, IF YOU TAKE ANY ONE SECOND.

OKAY.

SIT TIGHT.

OKAY.

AND INSPECTOR MARTINEZ.

I DIDN'T MEAN TO CUT YOU OFF.

I JUST THOUGHT YOU WERE WANTING TO GET HER FROM SCHOOL.

SO YEAH.

DID WE WENT THROUGH A PRESENTATION THAT PART NOW? OR DO WE WANT TO WAIT OR I'LL GO AHEAD AND PUT BACK UP UNTIL THAT IS.

OKAY.

SO WE HAVE TWO PEOPLE FROM THE WATER DEPARTMENT ON THE LINE RIGHT NOW.

WE'VE IS THAT CORRECT? WE HAVE CHARLES CHARLES ARNOLD.

AND WHO WAS THE SECOND? CORRECT? THIS IS RICK CORNETTO WITH AUSTIN WATER.

OKAY.

I'M GOING TO GO AHEAD AND SWEAR.

YOU BOTH IN, 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.

I DO.

I DO.

OKAY.

THANK YOU.

UM, YES.

AND IF YOU WOULD LIKE TO PROCEED, I DON'T KNOW WHICH ONE OF YOU WANTS TO START MR. CORONADO OR MR. ARNOLD.

CERTAINLY.

UH, MY NAME IS RICK CORNETTO, ASSISTANT DIRECTOR FOR OPERATIONS.

I'M RESPONSIBLE FOR THE DAY-TO-DAY OPERATIONS.

THAT INCLUDES THE MAINTENANCE AND OPERATIONS OF ALL OUR FACILITIES, INCLUDING THE COLLECTION SYSTEM.

TODAY.

WE ALSO HAVE, UM, UM, MR. CHARLES ARNOLD, WHO'S ONE OF THE SUPERINTENDENTS AND THE COLLECTION SYSTEM SERVICES DIVISION.

AND SO HE CAN SPEAK TO SOME OF THE DETAILS OF OUR ACTIVITIES AT THIS ADDRESS.

I DO SHOW THAT WE HAVE, UH, UH, THREE