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[CALL TO ORDER]
I'LL CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR DECEMBER 8TH, 2021.LET THE RECORD REFLECT THAT THE TIME IS 6:40 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
WELL, THE OTHER COMMISSION MEMBERS PRESENT TONIGHT, PLEASE STATE YOUR NAMES AND WE'LL START.
UM, YOU KNOW, WE'LL START TO MY RIGHT THIS EVENING.
I DON'T THINK YOUR MICROPHONE IS ON.
EDGAR FERRERA WITH DISTRICT EIGHT, ELIZABETH MUELLER DISTRICT FIVE WORDY THOMPSON DISTRICT THREE, AND SHADOW GOING BUDDY WITH DISTRICT ONE.
AND MR. DISTRICT SEVEN AFFAIR, REMOTELY AND CHIEF FOCI.
IF YOU COULD INTRODUCE YOURSELF, TOM BULKY FIRE MARSHALL.
AND AGAIN, AS PREVIOUSLY STATED I AM ANDREA FREIBERGER.
I AM THE CHAIR AND I AM REPRESENTING DISTRICT NINE AND WE DO NOT YET HAVE COMMISSIONER GREEN WITH US THIS EVENING.
UH, IF HE JOINS US, WE'LL INTRODUCE HIM WHEN HE ARRIVES.
AND, UH, SAME WITH VICE CHAIR, PABLO ABILA BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS, 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 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.
AND WE DO PLAN TO TAKE ONE CASE OUT OF ORDER THIS EVENING, WE WILL ACTUALLY HEAR ITEM NUMBER SEVEN, UH, IMMEDIATELY AFTER ITEM NUMBER FOUR ON THE AGENDA.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
SO IT WAS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
AND OF COURSE THIS EVENING, BECAUSE WE ARE STILL IN A PANDEMIC.
WE ASK THAT YOU WEAR A MASK UNLESS YOU ARE SPEAKING THE COMMISSIONS COORDINATOR, MELANIE, MELANIE, ALLIE, WE'LL CALL EACH CASE ON THE AGENDA.
WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND STAND AT THE PODIUM 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, YOU'LL 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.
AND WE'LL OUR DESIGNATED TIME KEEPER THIS EVENING.
SO 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 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.
A 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 TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN THIS WOULD INCLUDE PROPERTY REPRESENTATIVES, NEIGHBORS, ANYONE INTERESTED 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.
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IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING AND, UH, COORDINATOR ALLIE MICROPHONE, PLEASE.DO WE HAVE ANY ONE SIGNED UP FOR CITIZEN COMMUNICATIONS? I DO NOT SEE ANYONE.
[APPROVAL OF MINUTES]
AND APPROVE THE MINUTES FROM THE OCTOBER 27TH MEETING, COPY OF THE DRAFT MINUTES ARE IN THE GOOGLE DRIVE FOLDER OR YOUR READERS SHOULD YOU NEED TO REVIEW THEM.AND I'D LIKE TO NOTE THAT IN ORDER TO VOTE ON THE MINUTES, IT IS NOT REQUIRED THAT YOU WERE PRESENT AT THE, AT THAT MEETING ONLY THAT YOU REVIEWED THE MEETING ONLY THAT YOU REVIEWED THE MINUTES PRIOR TO THE VOTE.
UH, HAS EVERYONE HAD A CHANCE TO TAKE A LOOK AT THE MINUTES? THANK YOU.
I'LL MOVE TO ADMIT THE MINUTES FROM THE LAST MEETING.
IT LOOKS LIKE YOU'RE STILL LOOKING THROUGH.
UH, ALL IN FAVOR OF APPROVING THE MINUTES FROM THE, FROM THE OCTOBER 27TH, 2021 REGULAR MEETING SAY AYE, AYE.
UH, ACTUALLY COMMISSIONER STOLZ THOUGHT I DIDN'T SEE HOW YOU VOTED MY APOLOGIES.
SO WE MOVE TO ITEM NUMBER TWO.
SO ITEM NUMBER ONE ON THE, SO THIS IS ITEM NUMBER
[1. Approval of the 2022 Building and Standards Commission regular meeting schedule]
ONE IS THE APPROVAL OF THE 2022 VSC REGULAR MEETING DATES.THE DATES BEFORE YOU ARE THE FOURTH WEDNESDAY MEETING DATES WITH THE EXCEPTION OF DECEMBER, WHICH HAS SEVERAL PROPOSED DATES AND NOVEMBER, WHICH HAS NO MEETING AFTER YOU VOTED AND APPROVED THE MEETING DATES, THE CITY CLERK'S OFFICE WILL REVIEW OUR DATES AND LET US KNOW IF THEY CAN ACCOMMODATE OUR REQUESTS.
THIS OCCURS AFTER COUNCIL HAS HAD THEIR DATES APPROVED AND THEN CITY COUNCIL BEGINS TO SCHEDULE THE REQUEST FOR ALL OF THE BOARDS AND COMMISSIONS.
SO, AND THEN OFTEN IN SUMMER MONTHS DUE TO BUDGET AND IN DECEMBER, BECAUSE OF THE HOLIDAYS, WE'RE REQUIRED TO FIND ALTERNATIVE DATES OR ROOMS FOR OUR MEETINGS.
AND, UM, WITH OUR NEW MOVE TO THE NEW LOCATION, I'M NOT SURE THAT THAT WILL BE NECESSARY, BUT, UM, WE WILL LOOK AT SOME ALTERNATIVE DATES, UM, FOR DECEMBER, FOR SURE.
AND, UH, IF YOU COULD PULL THE RANK, YOU COULD PULL UP ITEM NUMBER ONE AND THE DECEMBER DATES, IS THAT SOMETHING WHERE THE COMMISSION NEEDS TO PROVIDE OUR PREFERENCE.
AND WE COULD PROVIDE YOUR PREFERENCE CAUSE I PUT SEVERAL DATES THERE, BUT IT MAY BE WHAT'S AVAILABLE.
YOU COULD PUT YOUR PREFERENCE AND THEN I WOULD PICK TWO OR THREE DATES THAT ARE YOUR PREFERENCES.
AND THEN I'LL JUST HAVE TO SEE WHAT'S AVAILABLE.
YES, NO, THAT'S NOT IT THAT'S ITEM NUMBER TWO.
SO IT'S UM, AND MET HIM CHAIR FROM THE, FROM THE CALENDAR THAT'S PROVIDED.
I WOULD PREFER THAT FIRST WEEK IN DECEMBER.
IF WE GET A SAY WE, WE CAN, WE CAN ASK.
UM, THAT'S, I'M LEANING TOWARDS THE FIRST WEEK TOO, BUT LET'S, LET'S HEAR FROM EVERYONE ELSE TOO.
I'M GOING TO SUGGEST PROBABLY OUR PREFERRED DATE FOR KNOW, FOR DECEMBER WOULD BE WEDNESDAY THE SEVENTH.
SO IF YOU COULD SCROLL UP A LITTLE BIT, SO THEY FOR CONSISTENCY.
I THINK WE WERE SEEING A PREFERENCE FOR DECEMBER THE SEVENTH.
WEDNESDAY WOULD BE OUR PREFERRED DATE AND PROBABLY ANY OTHER DAY THAT WEEK WOULD BE PREFERRED OVER THE FOLLOWING WEEK.
SO YOUR PREFERENCES FOR PREFERENCE IS FOR 67TH, RIGHT? IS THAT WHAT YOU'RE SAYING? NO.
AND I'LL JUST HAVE TO FIND OUT WHAT'S AVAILABLE THAT WEEK.
IT'S SOMEONE ELSE, SOME OTHER BOARDING
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COMMISSION MAY HAVE THE ROOMS AT THAT TIME, SO IT'LL JUST DEPEND THEY MAY ALREADY.SO IF WE'RE GOING TO BE IN THE NEW LOCATION, THEN THAT WON'T BE SO BIG OF AN ISSUE, BUT UM, OKAY.
DO I HEAR ANY OBJECTIONS TO THE PROPOSED MEETING DATES AS JUST DISCUSSED? ALL RIGHT.
I'M NOT EVEN SURE WE NEED TO VOTE ON THOSE.
DO WELL, IF YOU WOULD LIKE IT ON THE RECORD, WE CERTAINLY CAN.
AND I'D LIKE TO HEAR FROM COMMISSIONER STILL STEAD ALSO.
UM, BUT SOMEONE LIKE TO CRAFT AN EMOTION.
I MOVE THAT WE SET OUR DECEMBER 22 MEETING DATE AS DECEMBER 7TH, 2022 AS OUR PREFERRED DATE WITH THE SIXTH AND THE EIGHTH AS ALTERNATIVES.
AND THE REST OF THE WHOLE CALENDAR WE DO.
AND WE ACCEPT THE REST OF THE CALENDAR AS IS.
AND COMMISSIONER IS STILL STUD I CANNOT SEE YOU AT THE MOMENT.
SO I'M GOING TO START WITH YOU FOR A PRO VOICE VOTE.
UM, OR DO YOU APPROVE? YEAH, I DO APPROVE, I'M SORRY.
I HAVE MY CAMERA ON, BUT I GUESS THE SCREEN-SHARING MIGHT BE PREVENTING YOU FROM SEEING ME, SO I APPROVED.
AND EVERYONE ELSE THAT I CAN ACTUALLY SEE IF YOU APPROVE, SAY AYE.
NOW WE'RE MOVING ON TO ITEM NUMBER TWO.
[2. Discussion regarding Building and Standards Commission retreat.]
SORRY ABOUT THAT.YOU COULD PULL UP THAT OTHER CALENDAR NOW AND IT'S A WHOLE CALENDAR.
SO YOU COULD LOOK AT POSSIBLE MONTHS AND DATES FOR ANOTHER RETREAT AND MISS ALLEY.
UM, YOU WERE THINKING POSSIBLY SOMETIME IN APRIL, MIGHT WORK OUT BECAUSE THAT WAS ACTUALLY THE FURTHEST DISTANCE BETWEEN OTHER MEETINGS.
IS THAT RIGHT? IF YOU LOOK AT THE JANE AND I PUT, UH, THE 12TH OR THE 13TH, CAUSE I DON'T KNOW WHICH DAY WE'LL BE MAILING OUT.
IT JUST DEPENDS ON HOW MANY, UH, ORDERS WE HAVE TO GET ENTERED IN CASES WE HAVE ON THE AGENDA.
SO THE VOLUME OF, AND THE VOLUME OF PEOPLE WE HAVE TO NOTIFY.
SO THERE ARE DIFFERENT VARIABLES THAT KIND OF, YOU KNOW, DETERMINE IF WE'RE MAILING OUT ON THAT WEDNESDAY OR THURSDAY.
UM, AND THAT WOULD BE FOR THE ORDERS AND FOR THE NOTICES.
SO I'M JUST KIND OF GIVING YOU AN IDEA.
WE'LL BE TIED UP ONE OF THOSE TWO DAYS, YOU KNOW, THE 12TH AND 13TH OR SECOND AND THIRD WITH MAIL-OUTS.
UM, AND IF YOU CAN SCROLL DOWN, THEN THERE'S FA I GO ALL THE WAY THROUGH DECEMBER.
SO YOU WANT TO LOOK AT SOME OTHER MONTHS, LET'S SEE, LET'S GO BACK TO FEBRUARY.
UM, SO WE JUST NEED TO PICK A MONTH IF YOU, CAN YOU SCROLL TO APRIL? I THINK SO APRIL WE HAVE, IT LOOKS LIKE WE HAVE, UH, UH, THE, THE MARCH MEETING IS KIND OF LATE.
AND THEN THE APRIL MEETING IS, UH, YOU KNOW, WE HAVE A LITTLE MORE TIME TO PREPARE FOR THE APRIL MEETINGS.
I WAS THINKING MAYBE APRIL, BUT, UM, I DON'T KNOW.
IF YOU COULD PICK SOME PROPOSE, SOME DATES, THEN WE COULD, OR MONTHS WE CAN LOOK AT, UM, WE CAN CHECK WITH CITY HALL AND SEE WHAT'S AVAILABLE.
WHAT DOES MAY LOOK LIKE? MAKE IT KEEP GOING.
IT'S JUST A, YOU'VE GOT A WHOLE CALENDAR THERE AND IT'S ON YOUR READERS AS WELL.
CAN SCROLL THROUGH THE READERS.
SO MS. ALLEY, WE'RE TRYING TO UNDERSTAND, OR I'D LIKE TO UNDERSTAND A LITTLE MORE ABOUT THE, THE BURDEN THAT THIS PLACE IS ON STAFF TO PULL, TO PULL A RETREAT TOGETHER.
TO MY UNDERSTANDING IS YOU ARE WELL, YOU'RE SUPER BUSY, ALWAYS IN BETWEEN MEETINGS.
UM, BUT ARE YOU BUSIER KIND OF THE SECOND HALF OF THE MONTH, LIKE BETWEEN THE MAILINGS AND THE MEETING, OR ARE YOU BUSIER IN THE FIRST HALF OF THAT MONTH IN PREPARING FOR THE MAILINGS? PROBABLY, WELL, THIS PARTICULAR MONTH MAY YOU CAN SEE WE'RE GOING TO BE DOING MAIL OUTS ONE WEEK IN PREPARING FOR THE MEETING AT THE SAME TIME.
UM, SO THE FIRST PART OF MAY WOULD NOT BE GOOD.
UM, EH, TO ANSWER YOUR QUESTION, UM, PROBABLY THE WEEK AFTER THE MAIL OUT, WE'RE TRYING TO PUT TOGETHER EXHIBITS.
THAT'S NOT IDEAL PROBABLY BEFORE WE SEND OUT THE NOTICES WOULD BE THE FIRST PART OF THE MONTH
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IS BETTER.OR EITHER THE WEEK OF, YEAH, THE FIRST PART OF THE MONTH, WHICH IS AGAIN, WHY APRIL IS LOOKING BETTER FOR, FOR STAFF.
UM, BUT IF, IF ANY COMMISSIONERS KNOW THAT THEY'RE NOT GOING TO BE AVAILABLE, THEN THAT, AND I MIGHT ADD TOO, WE DID MOST OF THE PREP, A LOT OF THE PREPARATION, UM, YOU KNOW, ALREADY.
SO IT'S NOT GOING TO BE AS MUCH PREPARATION AS WE NORMALLY WOULD HAVE CAUSE WE'VE WE HAD TO POSTPONE THE MEETING.
SO, YOU KNOW, THERE WILL BE LESS PREPARATION THAN USUAL.
I KNOW I'M IN MY PREFERENCES AS SOON AS POSSIBLE, JUST BECAUSE I FEEL LIKE THERE ARE REALLY IMPORTANT THINGS THAT WE WERE UNABLE TO DISCUSS.
WE'VE GOT TWO WEEKS IN JANUARY AFTER THE MAIL OUT.
WELL, I WAS KIND OF LOOKING AT THE FIRST WEEK IN FEBRUARY.
I WOULD, YEAH, I WOULD THINK FEBRUARY OR APRIL WOULD BE MY PREFERENCES FOR THE FIRST HALF OF THE YEAR, JANUARY.
YOU KNOW, BEGINNING OF THE YEAR AND THEN MARCH, A LOT OF PEOPLE HAVE STUFF GOING ON.
AND I DIDN'T THINK I MEANT TO LOOK AND SEE WHEN SOUTH BY SOUTHWEST IS THAT, AND I DIDN'T LOOK UP THOSE DATES, BUT I CAN, I THINK WE SHOULD JUST AVOID MARCH LOTS OF TRAVELING.
UM, FIRST WEEK OF FEBRUARY, HOW DOES THAT LOOK FOR, FOR STAFF ALSO? SORRY, EVEN BEFORE WE HAD, WELL, WE WILL ACCOMMODATE YOU WHENEVER YOU WANT TO DO IT.
I'M LOOKING FOR THE DATES MARCH 11TH THROUGH THE 20TH IS SOUTH BY SOUTHWEST UM, SO LET ME SUGGEST A COUPLE OF WEEKS AS A COMMISSION OR ABOUT THE FIRST WEEK OF FEBRUARY.
MS. ALLIE, WOULD YOU LIKE TO LOOK FOR DATES AND ROOMS AND SEE IF WE COULD DO SOMETHING THE FIRST WEEK IN FEBRUARY AND WEDNESDAY, THURSDAY, FRIDAY, LIKE WE DID BEFORE OR DAYTIME AFTERNOON MORNING? WHAT PREFERENCES MORE? I THINK THAT SAME TIME BLOCK PROBABLY WAS SO CLOSE TO WORKING FOR EVERYONE AS I THINK WE SHOULD DO TRY AND DO THAT.
AND, UM, ON FRIDAYS FOR THE RAINY DAYS IS BETTER.
IT SOUNDS LIKE FRIDAY IS A PRETTY GOOD DAY.
I REMEMBER SOMEONE WHO WAS BUSY ON TUESDAY LEAVE MS. MUELLER, DO YOU HAVE CLASS ON TUESDAY OR I WILL THIS NEXT SEMESTER.
AND WEDNESDAY, TUESDAY, WEDNESDAY, THURSDAY, TUESDAY, WEDNESDAY AND THURSDAY.
SO WOULD WE WANT TO JUST LOOK AT SOME FRIDAYS? YEAH, MAYBE THE FOURTH, FIRST CHOICE IN THE 11TH, SECOND CHOICE IN FEBRUARY.
AND WE'RE LOOKING FOR THE MORNING.
AND I DON'T KNOW HOW SOON I'LL BE ABLE TO PUT THIS REQUEST SINCE THEY'RE LOOKING AT EVERYONE'S A, B YOU KNOW, BOARD AND COMMISSION SCHEDULES RIGHT NOW.
I'LL PUT, THROW THIS IN THERE WITH OUR REQUESTS, FOR OUR OTHER DATES.
AND HOPEFULLY WE'LL GET, WE CAN GET ONE OF THOSE AS WELL.
AND I WOULD SAY IF, IF NEITHER OF THOSE WORK, THEN WE PROBABLY NEED TO LOOK AT EITHER A WEDNESDAY OR THEN WE NEED TO LOOK AT THAT WEEK IN APRIL.
ARE THERE, IS THERE A STRONG OPPOSITION TO WEDNESDAY? WEDNESDAY MORNING? OKAY.
SO IT SOUNDS LIKE FIRST CHOICE WOULD BE EITHER OF THOSE FRIDAYS, FEBRUARY 4TH OR 11TH.
SECOND CHOICE WOULD BE EITHER OF THOSE WEDNESDAYS, THE SECOND OR THE 9TH OF FEBRUARY.
AND THEN AFTER THAT WOULD BE THAT WE CAN APRIL, SORRY.
MAYBE APRIL 8TH, WHICH IS A FRIDAY.
THE APRIL 8TH WOULD BE KIND OF WORST IN BOTTOM OF OUR LIST.
LET'S SEE YOU HAVE A FEBRUARY 2ND.
IT'S NOT GOING TO WORK FOR ME.
WE'RE GOING TO BE HERE FOR EVERYBODY ELSE CAN MAKE YOU THEN THE 11TH WOULD PROBABLY BE THE BEST FOR ME.
SO IT SOUNDS LIKE FEBRUARY 4TH,
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FEBRUARY 11TH, AND THEN FEBRUARY, FEBRUARY 9TH COULD BE A POSSIBILITY.I'VE GOT THAT DOWN, RIGHT? OKAY.
UM, SO ARE YOU READY TO MOVE ON TO ITEM NUMBER THREE? YES WE ARE.
ITEM NUMBER THREE ON THE AGENDA
[3. Presentation regarding City of Austin Permitting Presenter: Susan Barr, Developmental Services Department]
IS A PRESENTATION REGARDING THE CITY OF AUSTIN.PERMITTING HERE TO PRESENT A SUSAN BARR DAMPENER MANAGER FOR THE DEVELOPMENTAL SERVICES DEPARTMENT.
MADAM CHAIR, MADAM CHAIR, FIBER AND COMMISSIONERS.
THANK YOU FOR HAVING ME THIS EVENING.
I AM ACTUALLY THE ACTING CHIEF PLANS EXAMINER AS WELL AS THE RESIDENTIAL PLANS, EXAMINER MANAGER.
AND TONIGHT I WILL BE GIVING A BRIEF PRESENTATION ON THE DEVELOPMENT SERVICES DEPARTMENT.
I DON'T KNOW IF I HAVE THIS AS A OH, LET'S SEE.
UH, SO THIS FIRST SLIDE IS JUST A BRIEF ORGANIZATION ON HOW THE DEVELOPMENT SERVICES IS ORGANIZED.
SO WE HAVE THE OFFICE OF THE DIRECTOR AND THEN UNDER THE OFFICE OF DIRECTOR, THERE ARE FOUR ASSISTANT DIRECTORS AND THEY EACH HAVE THEIR OWN SECTION.
WE HAVE THE CUSTOMER AND EMPLOYEE EXPERIENCE PLAN, REVIEW, LAND DEVELOPMENT REVIEW, AND THEN CONSTRUCTION AND ENVIRONMENTAL INSPECTIONS.
THE FIRST ITEMS I WANT TO GO THROUGH IS WORK THAT CAN BE DONE WITHOUT A PERMIT.
EVERY THREE YEARS, THE TECHNICAL BUILDING CODES ARE REVIEWED AND ADOPTED.
AND WITH THOSE, WE MAKE LOCAL AMENDMENTS TO EACH OF THE CODES.
WHEN WE MAKE LOCAL AMENDMENTS, WE ALSO LOOK AT WORK THAT CAN BE DONE WITHOUT A PERMIT.
SO AS LONG AS YOU KNOW, AND THE ITEMS THAT GO INTO THAT ARE, YOU KNOW, IS IT SOMETHING THAT IS NOT GOING TO DRASTICALLY OR DRAMATICALLY AFFECT LIFE, SAVED YOUR HEALTH OF THE COMMUNITY? SO IN REGARDS TO THE COMMERCIAL BUILDING, THERE'S A FULL LIST THAT CAN BE FOUND AT THE LINK AT THE TOP.
AND THEN BRIEFLY SOME EXAMPLES ARE LIKE ONE STORY DETACHED ACCESSORY STRUCTURES THAT ARE ONLY 120, 120 SQUARE FEET OR SMALLER.
A FENCE IS NOT OVER SEVEN FEET, A REPAIR REPLACEMENT OF GYP BOARD AS LONG TO A MAXIMUM OF 96 SQUARE FEET, AS LONG AS IT'S NOT WITH A FIRE RESISTANT RADIO WALL OR SHARE ASSEMBLY OR IN WHAT AREAS.
AND THEN THERE WAS A COUPLE OTHER ITEMS IN REGARDS TO THE MECHANICAL CODE.
THE FULL LIST CAN BE FOUND AT, AT THAT LINK.
AND SOME EXAMPLES ARE INSTALLING SELF-CONTAINED REFRIGERATORS OR FREEZERS, RELOCATION OF RETURN AND SUPPLY GRILLS WITHIN A RANGE OF AN EXISTING DUCT LENGTH FOR COMMERCIAL, RESIDENTIAL, AND ELECTRICAL.
THE FULL LIST CAN ALSO BE FOUND AT THE LINK AT THE TOP OF THE SCREEN.
AND TO GIVE YOU SOME EXAMPLES OF WORK, ELECTRICAL WORK THAT CAN BE DONE WITHOUT A PERMIT IS WHEN THE SERVICE WILL NOT BE ENERGIZED.
AND YOU'RE REPLACING AN OVER CURRENT PROTECTION DEVICE OR A FUSE OF THE SAME VOLTAGE AMPERAGE AND IN THE SAME LOCATION.
AND THEN THERE ARE SOME OTHER ITEMS LISTED THERE ALSO IN REGARDS TO COMMERCIAL AND RESIDENTIAL PLUMBING, THE FULL LIST CAN BE FOUND ONCE AGAIN, THE TOP OF THE SCREEN.
AND WHEN IT COMES TO PLUMBING WORK THAT CAN BE DONE WITHOUT A PERMIT.
UH, ONE OF THE ITEMS IS TO CLEAR STOPPAGES, INCLUDING THE REMOVAL AND RE INSTALLATION OF A WATER CLOSET OR THE REPAIRING OF WEEKS AND PIPES, VALVES, OR FIXTURES.
IF THE WORK DOES NOT INVOLVE OR ACQUIRE THE REPLACEMENT OR REARRANGEMENT OF THE VALVES, PIPES, OR FIXTURES, I THINK WE WENT IN THE WRONG DIRECTION.
THANK YOU FOR RESIDENTIAL WORK THAT CAN BE DONE WITHOUT A PERMIT.
UM, THIS IS SIMILAR TO RESIDENTIAL.
IT'S SIMILAR TO COMMERCIAL BUILDING.
UM, BUT THIS IS PARTICULAR TO RESIDENTIAL PROPERTIES.
SO ONE FAMILY DWELLING UNITS, TWO FAMILY DWELLING UNITS.
AND SO FOR THE ONE STORY DETACHED ACCESSORY STRUCTURE, YOU CAN BUILD UP TO A 200 SQUARE FOOT BUILDING WITHOUT A PERMIT.
AND THEN THE FENCE IS, UM, OKAY.
UM, YOU CAN BUILD A FENCE, NOT OVER EIGHT FEET AND HIGH, AS LONG AS IT'S NOT LOCATED IN A FLOOD HAZARD AREA.
AND THEN THE GYP BOARD FOR RESIDENTIAL IS NOT TO EXCEED
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128 SQUARE FEET.RESIDENTIAL MECHANICAL ON THE FULLEST.
ONCE AGAIN, CAN BE FOUND AT THE TOP OF THE SCREEN.
UH, EXAMPLES ARE REPLACING SUPPLY AND RETURN.
DUCT RUNS INCREASE IN THE NUMBER OF SUPPLY REGISTERS WITHIN AN EXISTING DUCT DRAWN.
AND THEN WHEN IT COMES TO STANDALONE PERMITS, SO SAY YOU NEED TO CHANGE OUT A WATER HEATER, OR MAYBE YOU NEED TO CHANGE OUT THE MECHANICAL SYSTEM YOU CAN, OR THE CONTRACTOR CAN GET A STANDALONE TRADE PERMIT DIRECTLY THROUGH THE SERVICE CENTER, AND ACTUALLY IT'S DIRECTLY THROUGH THEIR ACCOUNT ON THE AB POLICY PORTAL.
AND SO THERE'S AT LEAST 60 STANDALONE PERMITS AND OVER 24 AND OVER 20 CATEGORIES WHERE THIS CAN BE DONE.
AND HERE'S JUST SOME EXAMPLES OF THOSE TYPES OF PERMITS.
AND THEN WHEN IT COMES TO RESIDENTIAL PERMITS, THERE ARE EXPRESSED PERMITS THAT CAN BE DONE OR EXPRESS ITEMS THAT CAN BE DONE WITHOUT A PERMIT.
AND SO SOME OF THOSE ARE ADDING OR REMOVING DECK, UH, BRICK ADDING OR REMOVING CITING, REPLACING, UM, INSULATION, DRYWALL, REPAIR, REPLACING WINDOWS, ET CETERA.
SO IF SOMEONE DID NEED TO COME AND GET A PERMIT, THIS IS THE PROCESS IN WHICH THEY WOULD HAVE TO GO IN ORDER TO GET A PERMIT.
THEY FIRST GO THROUGH INTAKE AND THEN ONCE THEY GO THROUGH INTAKE, THE DRAWINGS ARE SENT OUT TO THE REVIEWERS WHO THEN REVIEW THE DRAWINGS ELECTRONICALLY.
IF THEY HAVE TO REJECT, THEY SEND A COMMENT REPORT THAT GETS ISSUED AND THAT GETS SENT OUT TO THE APPLICANT AND THEN APPLICANT RESUBMITS AND THE PROCESS GOES OVER UNTIL THE PERMIT APPLICATION CAN BE APPROVED.
AND THEN THE PERMITS ARE ISSUED.
THIS PROCESS IS VERY SIMILAR TO RESIDENTIAL.
UH, THE THING ABOUT RESIDENTIAL THOUGH, IS THAT IT DOES NOT HAVE AS NEARLY AS MANY REVIEW COMPONENTS AS A COMMERCIAL PROJECT, UH, FOR PERMIT TIMEFRAMES FROM VERY BEGINNING FROM WHEN IT COMES INTO THE CITY, UNTIL THE PERMIT GETS ISSUED.
COMMERCIAL SAW AN AVERAGE OF 37 BUSINESS DAYS IN RESIDENTIAL SAW AN AVERAGE OF 40 BUSINESS DAYS.
AND THEN JUST TO GIVE YOU AN IDEA OF KIND OF THE VOLUME OF WORK THAT HAS TRANSPIRED OVER THE LAST THREE FISCAL YEARS, THIS GRAPH JUST SHOWS THE VOLUME OF COMMERCIALS INTAKE WORK.
THIS NEXT IS THE REVIEW VOLUME FOR TOTAL COMPLETED DISCIPLINE REVIEWS FOR COMMERCIAL WORK.
YOU CAN SEE HOW IN FISCAL YEAR 20, WE DEFINITELY GOT AFFECTED BY THE PANDEMIC.
AND THEN IN FISCAL YEAR 21, A SHOT BACK UP, THIS IS THE PERCENTAGE OF ON-TIME REVIEWS.
OUR GOAL IS 90% AND WE WERE, WE WERE GREAT ON TRACK FOR FISCAL YEAR 20 AND THEN THE PANDEMIC HIT AND THEN THINGS KIND OF WENT DOWN, BUT THEY HAVE COME BACK.
AND THEN THIS SLIDE IS THE LAST ONE FOR COMMERCIAL.
AND IT JUST SHOWS THE VOLUME OF PERMITS THAT HAVE BEEN ISSUED.
THIS NEXT SLIDE IS IN REGARDS TO RESIDENTIAL INTAKE VOLUME.
AND THEN THESE ARE THE TOTAL COMPLETED DISCIPLINE REVIEWS FOR RESIDENTIAL.
IT WAS OFF THE CHARTS IN FISCAL YEAR 21, AND THEN THE PERCENT ON TIME FOR RESIDENTIAL.
ONCE AGAIN, THE METRIC IS 90% AND, UH, YOU CAN ALSO SEE HOW THE WINTER WEATHER EVENT ALSO AFFECTED, UH, REVIEW TIMES.
AND THEN THIS IS THE VOLUME OF PERMITS THAT HAVE BEEN ISSUED, UH, FOR RESIDENTIAL WORK IN REGARDS TO INSPECTIONS FOR THE MONTH OF NOVEMBER.
THESE ARE THE PERCENTAGES ON TIME AND ON TIME MEANS WITHIN 24 HOURS OF WHEN THE INSPECTION WAS SCHEDULED, THERE WAS A DIP IN ELECTRICAL FOR THE MONTH OF NOVEMBER DUE TO CONTINUING EDUCATION, AS WELL AS ONBOARDING OF NEW INSPECTORS.
THERE'S ALSO INSPECTIONS ALSO SAW SOME PROMOTIONS TO PLAN REVIEW.
AND, UH, SO THEY'RE, THEY'RE TRYING TO GET BACK ON TRACK.
UM, BUT THEY HAVE GONE FROM, THEY WERE THREE BUSINESS DAYS BEHIND, AND NOW THEY'RE AT ONE BUSINESS DAY.
SO THEY'RE MAKING IMPROVEMENTS ALSO, AND THAT IS ALL.
AND I'LL TAKE ANY QUESTIONS IF YOU HAVE ANY, I HAVE A QUESTION FOR YOU.
UM, SO ON THE STANDALONE PERMITS, IS THIS SOMETHING WHERE YOU SAID THAT IT CAN
[00:30:01]
BE PULLED THROUGH, LIKE THROUGH A CONTRACTOR'S ACCOUNT ONLINE? SO THEY DO NOT HAVE TO COME IN PERSON AT ALL? THERE'S IT'S I ASSUME THIS IS A VERY STREAMLINED APPLICATION PROCESS.AS LONG AS THEY ARE A REGISTERED USER ON THE AB PLUS C WEBSITE, WHICH ANYONE CAN, CAN BECOME AN, UH, USER, UH, THEY CAN PULL PERMITS DIRECTLY, UH, ONLINE AND NOT HAVE TO COME IN AT ALL.
AND SO IS THERE ANY REVIEW PERIOD RELATED TO THOSE STANDALONE PERMITS OR IT'S BASICALLY, I'M GOING TO GO REPLACE A WATER HEATER.
THERE IS NO REVIEW COMPONENTS TO, TO, UM, THESE TYPE OF CERTAIN ALONE, NEARLY INSTANTANEOUS.
NOW I WOULD SAY THAT THERE MIGHT BE SOME FOR COMMERCIAL THAT DO REQUIRE A BIT OF A REVIEW, BUT FOR RESIDENTIAL, IT IS A HUNDRED PERCENT NO REVIEW.
DO YOU HAVE A FOOD TRUCK HIRE THE SAME CLIENT, UH, APPLICATION PROCESS, OR DO YOU HAVE YOUR MICROPHONE ON? YEAH, MY MICROPHONE'S ON, BUT ALSO IF YOUR FOOD TRUCKS ALSO REQUIRE THE SAME KIND OF, UH, SO IN, UM, FOOD TRUCKS DO NOT FALL UNDER MY JURISDICTION, UH, THAT WOULD BE, I BELIEVE IT'S A PUBLIC HEALTH POSSIBLY.
UH, SO I'M NOT FAMILIAR WITH THEIR PERIMETER OF REVIEW PROCESS.
I CAN DEFINITELY FIND OUT FOR YOU THOUGH, IF YOU'D LIKE ME TO.
SO YOU SHOWED US A LOT OF CHARGES SHOW ON TIME.
SO IS ON TIME YOU TOLD US WHAT THE AVERAGE TIME IS, BUT WHAT'S THE, WHAT ARE THE ON-TIME GOALS? YEAH, SO FOR RESIDENTIAL PLAN REVIEW, IT'S 15 BUSINESS DAYS.
AND THEN WHEN IT COMES TO COMMERCIAL, THEY HAVE THREE DIFFERENT KIND OF THREE OR FOUR DIFFERENT KINDS OF REVIEW TIMES.
THEY HAVE A SEVEN DAY, THEY HAVE A 15 DAY AND A 25 DAY REVIEW.
YOU KNOW, IF YOU, IF YOU ENDED UP NEEDING A SITE PLAN AND ALL THE OTHER THINGS THAT WELL IS THAT FOR EACH PIECE, THE SITE PLAN IS, UH, CAN BE A CONCURRENT REVIEW AND THAT IS DONE.
IT CAN BE DONE ON THE SIDE, BUT THE 7 15, 25 QUICK TURNAROUND TIMES, THOSE ARE BASED ON JUST GOING THROUGH THE COMMERCIAL REVIEW PROCESS.
AND THE LENGTH OF TIME IS DICTATED BY THE COMPLEXITY OF THE PROJECT.
AND SO WHEN YOU SUBMIT YOUR FIRST REVIEW WOULD BE THOSE DAYS, AND THEN WHEN YOU RESUBMIT THOSE DAYS APPLY.
DID YOU HAVE A QUESTION? DID YOU RUN? OKAY.
THANK YOU QUESTIONS FOR MANY OTHER COMMISSIONERS.
I THINK, UH, WE'RE, WE'RE GOOD.
THIS WAS, THIS WAS REALLY HELPFUL.
REALLY APPRECIATE YOU COMING DOWN TO SPEAK WITH US.
AND I WILL WORK WITH MISS ALLIE TO GET HER RESPONSE TO YOU.
WE'RE TRYING TO GET, UH, MR. GREEN ONLINE.
YOU CAN WAIT JUST ONE MINUTE FOR WE PUT THE NEXT PRESENTATION UP.
SEE, CAM IS TRYING TO, HE DOESN'T HAVE ANY VIDEO OR SOUND, SO WE'RE TRYING TO GET HIM.
JAMES, YOU MIGHT SUGGEST THAT HE FOLLOW HIM OR DO YOU SEE, ARE YOU TEXTING WITH HIM? SEND HIM AN EMAIL ONE SECOND.
WOULD YOU LIKE TO LET ME, WE CAN GO AHEAD AND MOVE FORWARD WITH THE NEXT CASE? UH, YES, PLEASE.
OKAY, SO WE'LL BE MOVING ON TO ITEM NUMBER FOUR.
[4. Case Numbers: CL 2021-191475 and CL 2021-191477]
FOUR ON THE AGENDA IS A COMMERCIAL MULTI-FAMILY PROPERTY IN THE REPEAT OFFENDER PROGRAM LOCATED AT 9 6 0 1 MO MIDDLE FISKVILLE ROAD.ALSO KNOWN AS THE PLAZA APARTMENTS TONIGHT, YOU WILL BE CONSIDERING BUILDING G UNIT TWO AND BUILDING X UNIT TWO.
THE CASE NUMBERS ARE C L 20 21 1 9 1 4 7 5
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AND C L 20 21 1 9 1 4 7 7, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN YOUR READERS AND GOOGLE DRIVE FOLDERS, UM, IN YOUR GOOGLE AND YOUR READERS IN GOOGLE DRIVE FOLDERS, LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.THIS IS ABOUT A COMMERCIAL MULTI-FAMILY PROPERTY WITH A TOTAL OF 25 RESIDENTIAL BUILDINGS CONSISTING OF APPROXIMATELY 200 UNITS.
TONIGHT, WE ARE ONLY ADDRESSING THE INTERIORS OF TWO UNITS LOCATED IN BUILDINGS, G AND X.
THIS PROPERTY IS CURRENTLY REGISTERED WITH THE CITY'S REPEAT OFFENDER PROGRAM.
WHILE MANY OF THE DEFICIENCIES IN THESE TWO CASES HAVE ALREADY BEEN CLEARED SUBSTANDARD AND UNSAFE CONDITIONS REMAIN, WHICH REQUIRE REPAIR IN THE GOOGLE DRIVE FOLDER AND READERS.
YOU WILL FIND THE FOLLOWING FOR BOTH REFERENCE CASES, EXHIBIT ONE AND THREE, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES THE OWNERSHIP REQUIRED NOTICES, VIOLATION NOTICES OF HEARING AND POSTINGS AND A STRUCTURAL MAP OF THE PROPERTY EXHIBITS TWO EIGHT THROUGH TWO F AND FOR A THREE OR FOUR L, WHICH CONSISTS OF CODES.
PHOTOGRAPHS, BARKED CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
AUSTIN CODE INSPECTOR, JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED YOUR CRNA.
I'M A CITY OF AUSTIN CODE INSPECTOR FOR THE REPEAT OFFENDER PROGRAM.
THE CASES I PRESENT BEFORE YOU AGAIN, WILL BE 4 96 0 1 MIDDLE FISKVILLE UNIT G2 AND UNIT OF INTERIOR INSPECTIONS.
THE FACTS OF THE CASE ARE AS FOLLOWS.
THIS PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN SO SINCE OCTOBER 2ND, 2014, ON JUNE 29TH, 2021, I RECEIVED THE COMPLAINT FOR UNIT X TWO AND ON JUNE 29TH, 2021, I RECEIVED THE COMPLAINT FOR G UNIT G2.
BOTH CASES ARE THE RESULT OF COMPLAINTS FILED BY TENANTS.
UPON MY INSPECTION OF THESE UNITS.
I FOUND THE UNITS HAVE MULTIPLE ONGOING INTERIOR IPMC VIOLATIONS ON JULY 14TH, 2021.
I POSTED THIS PROPERTY WITH THE NOTICES OF VIOLATION SINCE APRIL 1ST, 2021, I HAVE MADE MULTIPLE INSPECTIONS OF UNIT X TWO AND HAVE FOUND SOME DEFICIENCIES HAVE BEEN ADDRESSED, BUT MANY REMAIN SINCE JULY 7TH, 2021.
I HAVE MADE MULTIPLE INSPECTIONS OF UNIT G2 SINCE THE SEPTEMBER 20 INSPECTION.
I HAVE NOT BEEN ABLE TO MAKE ENTRY.
I AM PRESENTING AS EVIDENCE REPRESENT MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE UNITS AND ITS BUILDINGS.
MOVE ON TO THE SLIDES, PLEASE.
EXHIBITS TWO A THROUGH TWO C ARE AND WILL BE CONTEXTUAL PHOTOGRAPHS OF THE MONUMENT SIGN.
BUILDING G NEXT SLIDE AND THE ENTRANCE TO UNIT G2.
EXHIBIT TWO D IS A PHOTOGRAPH OF THE T THE DETERIORATION OF A KITCHEN CABINET SCENE DUE TO A WATER LEAK THAT OCCURRED EVERY TIME SOMEBODY USED THE SINK FAUCET, THE DARK SPOTS LEFT OF THE FIRE EXTINGUISHER WERE MADE BY LEAKING WATER.
WHEN I TESTED THE KITCHEN SINK, NEXT SLIDE EXHIBIT TWO E IS A PHOTOGRAPH OF THE FLOORING CONDITION IN ONE OF THE RESTROOMS AFTER A DIFFERENT SIZED TOILET WAS INSTALLED BY MAINTENANCE, NO EFFORT WAS MADE TO REPAIR THE FLOOR.
EXHIBIT TWO F IS A PHOTOGRAPH OF A MAINTENANCE ATTEMPT TO REPAIR THE FLOORING.
THE EFFORT WAS UNDERMINED BY THE FACT THAT THE TOILET CONTINUED TO LEAK SEWAGE WATER BELOW THE FLOOR.
WHEN THE TOILET WAS USED AT SEEN IN THE PHOTOGRAPH, NO AMOUNT OF COCKING, UH, SHOWN CONTAINED THE SEWAGE WATER OF THIS IMPROPERLY INSTALLED TOILET.
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WILL CONCLUDE MY PRESENTATION OF UNIT G2, AND WE WILL BEGIN OUR PRESENTATION OF UNIT X TO X SLIDE EXHIBITS FOUR A AND FOUR BEING OUR CONTEXTUAL PHOTOGRAPHS OF BUILDING X AND THE ENTRANCE TO UNIT X TWO.EXHIBIT FOUR C IS A PHOTOGRAPH OF WHERE A DISHWASHER WAS ONCE INSTALLED.
YOU CAN SEE THE WALL IN THE BACKGROUND WITH A MOLD LIKE SUBSTANCE ON IT AND THE CABINET WALL TO THE RIGHT OF IT.
UH, WHERE AN ATTEMPT WAS MADE TO REPAIR THE DETERIORATION ON THE KITCHEN CABINET WITH JUST COCKING.
EXHIBIT FOUR D IS A PHOTOGRAPH OF WHAT APPEARS TO BE A COMMON THEME IN, UH, SOME OF THE UNITS ON THIS PROPERTY.
HERE, WE HAVE ANOTHER LEAK IN A KITCHEN SINK WHERE YOU CAN SEE THE LEAK WAS SO BAD THAT TENANTS ACTUALLY, UH, WERE FORCED TO CATCH SOME OF THE GRAY WATER IN TUBS.
UH, AT MY MOST RECENT INSPECTION MODE, THERE WAS MULTIPLE GNATS, YOU KNOW, FLYING AROUND, UH, UH, THIS PULLED THE POOLED WATER THAT WE HAD BEEN SHOWN IN THE PREVIOUS PICTURE.
AND WITHIN THE UNIT ITSELF, EXHIBIT FOUR IS A REPRESENTATIVE PHOTO OF A MULTIPLE MULTITUDE OF ISSUES WITHIN UNIT TWO.
AS YOU CAN VISIBLY SEE THERE'S EVIDENCE OF ANOTHER TYPE OF INFECT.
NOW INFESTATION SINCE MY FIRST INSPECTION OF THIS UNIT IN APRIL, THE TENANTS HAVE LIVED WITH A RODENT INFESTATION.
THIS ISSUE CONTINUES TO REMAIN AFFECTING NEIGHBORING UNITS AND EXHIBIT 40.
IT ALSO SHOWS THE IMPROPER INSTALLATION OF THE CONDUIT FOR THE WATER HEATER AND UNIT TWO.
AFTER MOVING ON TO INSPECT, YOU KNOW, THE RESTROOMS IN THIS UNIT, I HEARD A LOUD POPPING NOISE FROM THE WATER HEATING AREA, AND IMMEDIATELY HEARD THE BREAKERS TRIP CAUSING THE MAIN BREAKER FOR THE UNIT TO GO OUT AND THE ENTIRE LIGHTS AND ELECTRICITY WENT OUT IN THE UNIT WHILE I WAS THERE.
THE WATER HAD WATER HEATER HAS AN ELECTRICAL SHORT, UH, THAT'S CAUSING AN OVERLOAD IN THE SUB PANEL, UH, FOR THIS UNIT AND ITS MAIN ELECTRICAL PANEL.
I KNOW THAT THIS PICTURE TAKES A LITTLE BIT MORE.
I WANTED TO DOCUMENT IT FOR MYSELF.
UH, IF YOU LOOK AT, UH, THE BOTTOM LEFT IN, UM, AT, UH, SLOT 13 AND 15, THAT'S WHERE A CIRCUIT 13 AND 15 IS WHERE THE WATER HEATER, UH, WAS CONNECTED.
UM, KIM, YOU CAN'T REALLY SEE IT TOO WELL HERE, BUT, UH, IT SHOWS USUALLY WHEN, UH, WHEN, UH, ALIGNED TRIPS, UM, THESE BREAKERS ARE MADE TO DEFAULT IN BETWEEN THE ON AND THE OFF POSITION.
AND THAT'S THE POSITION THAT I FOUND, UH, THIS, UH, BREAKER RIGHT AFTER THE LIGHTS WENT OUT.
EXHIBIT FOUR G IS A PHOTOGRAPHIC EXAMPLE OF SOME OF THE DAMAGE CAUSED BY THE ROAD IN INFESTATION.
IN THIS UNIT, EVEN THOUGH MAINTENANCE HAD REPAIRED MANY OF THE HOLES IN THE WALLS IN UNIT X TWO, THEY WERE, UM, OPENED FAIRLY RAPIDLY WITHIN HOURS, IF NOT, UH, WITHIN A DAY BY THE RODENTS.
FOUR H IS A PHOTOGRAPHIC EXAMPLE OF THE, UH, UM, CABINETS AND DISREPAIR NEXT SLIDE.
AND SO WE'LL BE, UH, FOR I AND J UH, MORE PHOTOGRAPHIC EXAMPLES.
NEXT SLIDE OF THE UNITS IN THIS REPAIR BACKED UP SINKS.
NEXT SLIDE, PLEASE IS A CONTEXTUAL PHOTOGRAPH OF THE METER FOR THIS, UH, UNIT NEXT SLIDE.
AND THIS IS ANOTHER PHOTOGRAPHIC EXAMPLE OF A TRIP TO BREAKER.
THIS IS THE MAIN BREAKER FOR UNIT X TWO THAT WAS TRIPPED AFTER THAT A MASSIVE OVERLOAD DURING MY INSPECTION.
AND THIS CONCLUDES MY PRESENTATION AND I, UH, URGE STRONGLY URGE THE COMMISSIONERS TO ADOPT THE RECOMMENDED ORDERS TO HELP ADDRESS THE SEVERE AND REMAINING, UH, BUT REMAINING DEFICIENCIES ON THIS PROPERTY.
THANK YOU BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH FOUR L CONSISTING OF
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EXHIBITS ONE AND THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EXHIBITS TWO EIGHT THROUGH TO F AND FOUR EIGHT THROUGH FOUR L, WHICH WERE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS ALSO CHAIR.BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST.
THE RECOMMENDED ORDERS IN BOTH OF THESE CASES ARE THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING TWO SEPARATE ORDERS.
YES, YOU MAY READ JUST ONE AND THEN WE WILL CONSIDER THEM EITHER TOGETHER OR NOT AS A CONDITION THAT THANK YOU.
STAFF REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND IN BOTH CASES ORDERED THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER HAS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, WHICH WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND FOR SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
THANK YOU, MS. ALI, AND THANK YOU, INSPECTOR SARNA.
SO DO WE HAVE JENNA HOFFPAUIR AND HER MILO ROMAN? OKAY.
IF YOU'D LIKE TO COME DOWN TO THE PODIUM AND WE WOULD LIKE TO HEAR FROM YOU, AND IF YOU WOULD PLEASE INTRODUCE YOURSELVES WITH THE CORRECT PRONUNCIATION OF YOUR NAMES, BECAUSE I PROBABLY DIDN'T GET IT RIGHT.
MY NAME IS AND, UM, I DO WANT TO ADD THAT I AM THE REGIONAL SUPERVISOR OF THAT PROPERTY, UH, EFFECTIVE, UH, SEPTEMBER 23RD.
IT IS UNDER NEW MANAGEMENT AS YOU SAW THE MONUMENT SIGNED, AND THAT'S WHY, UM, IT'S, UH, A BANNER, THE PREVIOUS OWNER DID SEND OVER THE VIOLATIONS TO OUR NEW OWNER AND A NEW OWNER IS TRYING TO OBTAIN THE BITS AND, UH, TRYING TO GET THE WORK DONE FOR THE, UM, WATER HEATERS, THE AIR CONDITIONING AND SO FORTH.
I DO HAVE, UM, WHERE THE MANAGER THAT IS ON MATERNITY LEAVE AT THIS TIME HAS ATTEMPTED TO MAKE COMMUNICATION WITH THE RESIDENTS AND, UM, G TWO AND X TWO, UH, MULTIPLE TIMES THROUGH EMAIL.
UM, AND THEY, UH, BECAUSE THEY ARE SPANISH SPEAKING RESIDENTS, SHE HAS ALSO SENT THE NOTICES IN SPANISH TO THEM, TO WHERE SHE'S ATTEMPTED TO SEND RE UH, MAINTENANCE TO DO THE REPAIRS AND OUR CONTRACTORS, WHICH IS THE BINARY REPAIR TO ENTER THE UNIT.
AND THEY HAD FAILED TO COMPLY AND WORK WITH US.
UM, THERE'S DOCUMENTATION TO FOLDER THAT SHE DID, YOU KNOW, PUT IN A, HAVE A FAR, SHE WAS TRYING TO MAKE THE CONTACT WITH THEM.
AND, UH, ALSO I CAN ADD THAT THE REPAIRS TO THE BINAL WERE DONE.
IT NO LONGER IS A HALF PATCHWORK THAT WAS DONE BY MAINTENANCE.
UM, I DO HAVE PICTURES, UM, THAT WE TOOK AND I DO HAVE AN INVOICE, UH, IN THE FOLDER WHERE THE REPAIRS WERE DONE AS WELL.
AND, UM, IT IT'S IN THAT FOLDER RIGHT THERE, AND ALSO TO, UM, THE RESIDENTS, THEY DON'T CALL AND MAKE THE WORK HOLDERS OR NOTIFY THE OFFICE OF ANY ISSUES THAT THEY'RE HAVING IN THE UNITS UNTIL WE COME OUT HERE AND WE SEE THE PICTURES FOR OURSELVES.
SO, UM, WHAT I WOULD LIKE TO ASK IS, UM, UNFORTUNATELY WE ARE A PROPERTY THAT'S BEEN ON THE REPEAT OFFENDERS SINCE 2014, WHICH THAT WAS BEYOND OUR CONTROL.
I CAN TELL YOU THAT THIS OWNER THAT JUST TOOK OVER SEPTEMBER 23RD DOES TAKE, UM, INITIATIVE AND DOES LIKE, HE DOES TAKE CARE OF THE RESIDENTS.
UM, HE'S HAD OTHER PROPERTIES IN SAN ANTONIO, DALLAS, AND SO FORTH, AND HE'S TURNED THE PROPERTIES AROUND, AND THIS IS WHAT OUR INTENTIONS ARE DOING WITH THIS PROPERTY AS WELL.
UH, IS, ARE THOSE FOLDERS, IS THAT SOMETHING YOU COULD LEAVE WITH US AS AN EXHIBIT, OR IS THAT THE FOLDER WE CAN LIVE WITH YOU? UM, THIS FOLDER WE CAN READ WITH YOU.
THE ONLY THING WE DIDN'T MAKE COPIES OF THE DOCUMENTATION THAT THE OWNER THAT THE MANAGER MADE, BECAUSE WE WE'VE, UM, WITH ME DRIVING FROM SAN ANTONIO HERE TO MAKE IT TODAY, I JUST BARELY INSPECTED THE PHOTOS AS WE WERE SITTING HERE WAITING TO BE CALLED.
UH, BUT THE PICTURES ARE IN HERE
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AND I CAN SHOW YOU THAT WE HAVE CONTRACTS HERE FOR, UM, WORLDWIDE PEST CONTROL THAT WE CONTACTED THEM.THE PREVIOUS OWNER DIDN'T HAVE A PEST CONTROL COMPANY IN PLACE.
WE HAVE THE CONTRACTING HERE FOR THE PEST CONTROL THAT THEY WE'VE BEEN SETTING ABOUT TO TREAT THE APARTMENTS.
WE ALSO HAVE A, UM, WHERE WE HAVE AN, UH, RODENT INCLUSION THAT WAS JUST RECENTLY DONE LAST FRIDAY AND MONDAY IN THE BUILDINGS.
AND THEY WE'VE SET UP BAIT BOXES OUTSIDE THE BUILDING.
WE HAVE ALSO TREATED THE BUILDINGS AND THE PROPERTY, EVEN THOUGH IT'S NOT PART OF WHAT WE'RE DISCUSSING TODAY.
WE, UH, ALSO TREATED THE BUILDINGS FOR TERMITE TREATMENTS AND EVERYTHING SEEN HERE.
UM, LET, SHOWING THAT WE ARE TAKING THE NECESSARY STEPS TO REMEDY THE SITUATIONS THAT WE ARE HAVING AT THE PROPERTY BECAUSE PREVIOUS OWNERSHIP WAS THEY DIDN'T TAKE, OR DIDN'T ACTUALLY CARE OF, YOU KNOW, WHAT THE RESIDENTS WERE FACING THERE AT THE PROPERTY, BUT WE ARE, WE ARE TAKING THE NECESSARY STEPS AND WE DO CARE ABOUT THE LIVING CONDITIONS AND SANITARY CONDITIONS OF EVERYBODY THAT LIVES THERE ON THE PURPOSES.
AND THAT IS REALLY GOOD TO HEAR.
UM, AND, UM, YOU'RE GOING TO HAVE THIS, UM, FOR, FOR RECORD.
UM, AND I CAN, WHAT I CAN DO IS IF I CAN EMAIL THE, YOU KNOW, THE NOTE, THE NOTIFICATIONS, WHERE THE MANAGER WAS SENDING, SENDING THE RESIDENTS, UH, YOU KNOW, THEY'RE TRYING TO GET COMMUNICATION WITH THEM, TO MR. JOHNNY AS WELL.
UM, AND THEN HE CAN PRESENT IT TO YOU.
THIS EVENING, I WOULD SAY, JUST LEAVE WHAT YOU DON'T NEED A COPY OF.
FOR THE MOMENT THE CONTRACTS WILL SPECIFY I'M TALLER IN THERE.
AND IF THERE'S ANYTHING ELSE THAT'S NEEDED FOR, UH, DOCUMENTATION FROM US, WE'LL BE MORE THAN HAPPY TO PROVIDE IT.
UM, WE JUST, DON'T LIKE HEARING THAT, YOU KNOW, WITH US BEING UNDER NEW OWNERSHIP MANAGEMENT, THAT WE'RE UNDER THE REPEAT OFFENDERS BECAUSE WE ARE TRYING TO REMEDY THE SITUATION.
AND I WOULD SAY, UH, BEING ON THE REPEAT OFFENDER LIST, THAT'S CERTAINLY SOMETHING YOU'LL WANT TO GET WITH YOUR CODE INSPECTOR AND, YOU KNOW, TALK THROUGH THE STEPS AND WHAT IT WILL TAKE TO HOPEFULLY GET YOU OFF OF THAT REPEAT OFFENDER LIST.
UM, SO JAMES, I'M GOING TO GO AHEAD AND ADMIT YOUR EXHIBIT ONCE I KNOW WHAT IT IS ONCE I KNOW WHAT IT'S CALLED OUR EXHIBITS WHILE WE'RE WAITING.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND THREE AND STAFF'S PHOTOGRAPHIC EXHIBITS.
UH, TWO A THROUGH F AND FOUR, A THROUGH FOUR L JAMES IS MARKING THE OTHER EXHIBITS RIGHT NOW.
I'LL ADMIT THAT WHEN IT'S READY.
UM, MS. HOFFPAUIR, DID YOU HAVE ANYTHING TO ADD? NO, I'M REALLY HERE JUST TO TRY TO HELP WITH THE INFORMATION.
WE'RE BOTH NEW, WE'RE NEW TO THE PROPERTY.
UM, I WAS SENT SEPTEMBER 23RD FOR THE TAKEOVER.
JANA HERE WAS, UH, HIRED IN OCTOBER.
SO WE'RE, WE ARE NEW TO THE PROPERTY.
THE ONE THAT DOES HAVE ALL THE INFORMATION WOULD BE THE MANAGER AND SHE'S IN THE MIDDLE OF, YOU KNOW, GIVING BIRTH TO TWINS.
UM, I GUESS, WELL, WHILE WE'RE WAITING FOR THE EXHIBIT, UH, LET'S OPEN IT UP TO THE COMMISSION.
IF YOU HAVE QUESTIONS OF CITY STAFF OR THE PROPERTY REPRESENTATIVES, AND I'M SEEING A LOT OF HANDS, UH, GO AHEAD.
HAVE YOU DISCUSSED ANYTHING WITH MR. SARNA? WELL, I KNOW THAT, UH, WHEN WE FIRST TOOK OVER THE PROPERTY, UH, WE DID SEND AN EMAIL.
MY, MY SUPERVISOR, UH, FROM CALIFORNIA DID SEND AN EMAIL TO MR. SARNA, TRYING TO FIND OUT WHAT WE NEEDED OR WHAT, UH, WE ALL NEEDED TO DO TO BE IN COMPLIANCE.
AND, UM, I DO HAVE HERE, UM, LET ME SEE HERE.
I HAVE THE EMAIL DATED, UM, OCTOBER 7TH, OCTOBER 7TH.
I'M JUST TRYING TO SEE WHAT WE CAN DO TO WORK ON PROVIDING A COMPLETE LIST OF THE VIOLATIONS WHICH WE HAVE.
AND, YOU KNOW, WE JUST WANTED TO FIND OUT MORE DETAILS, HOW TO PROCEED, UM, OR GUIDANCE BECAUSE SINCE WE ARE NEW TO THE AUSTIN AREA AND WE'RE NOT FAMILIAR WITH, YOU KNOW, ALL THE VIOLATIONS, UM, WE, WE ARE TRYING TO GET THAT INFORMATION.
UM, MR. SARNA, I KNOW IS A VERY BUSY AND, UH, SOMETIMES IT DOES TAKE AWHILE FOR HIM TO RESPOND TO US, BUT, UM, THE MANAGER, I CAN'T RESPOND IF HE DID OR NOT MAKE COMMUNICATION WITH HER AND SHE DIDN'T PASS THE INFORMATION
[00:55:01]
TO US, BUT I KNOW THAT SOMETIME WE DID SEND OUT AN EMAIL TO TRY TO GET THAT INFORMATION.WELL, IT'S REALLY IMPORTANT, I GUESS, YOU KNOW, TO KEEP THEM UP.
AND, UM, I KNOW WHEN THE PROPERTY IS SOLD AND I DO KNOW THAT HE DID REQUEST MY EMAIL ADDRESS AND MY NAME AND THAT WAS PROVIDED, BUT THE PREVIOUS REGIONAL MANAGER AS WELL.
I'M GOING TO GO AHEAD AND ADMIT YOUR EXHIBIT AND WE'LL CALL IT PROPERTY OWNERS, EXHIBIT NUMBER ONE AND COMMISSIONER MUELLER.
DID YOU HAVE A QUESTION? UM, YES.
THIS IS A QUESTION FOR, FOR, UM, UH, OFFICER SERNA.
UM, SO I'M LOOKING THROUGH THE EXHIBITS THAT, UH, THE STAFF EXHIBITS THAT WERE UPLOADED AND IT DOESN'T HAVE THE, IT LOOKS LIKE THE DEED INFORMATION IS NOT UPDATED BECAUSE IT DOESN'T SHOW THAT THERE'S A NEW OWNER.
UM, SO I'M JUST CURIOUS, LIKE WHAT, UH, WHEN DO YOU PUT TOGETHER THIS INFORMATION AND HOW DO WE KNOW WHAT'S CURRENT AND WHAT'S NOT, WE, UH, USE, UH, THE TRAVIS COUNTY, UH, DISTRICT APPRAISAL AS OUR OFFICIAL, UH, RECORD AND THE OWNER RECORDS HAVE NOT BEEN UPDATED.
UM, AND THAT'S SOMETHING THAT I'VE SPOKEN WITH.
THE MANAGER WHO'S BEEN ON SITE FOR OVER THREE YEARS.
SHE'S REALLY WELL WEATHER, ALL THE ISSUES THAT HAVE BEEN ONGOING WITH THIS PROPERTY.
UM, MS. MUELLER, MAY I SAY SOMETHING PLEASE? UM, I WANTED TO ADD THAT.
YEAH, THAT IS OUR OFFICIAL RECORD, BUT WE DID NOTIFY BOTH THE, WE KNEW THAT THERE WAS A NEW OWNERSHIP, BUT THE TEEKAT DID NOT CHANGE.
SO WE NOTIFIED BOTH OWNERS, THE TEEKAT OWNER, WHO IS OUR OFFICIAL OWNER, AS FAR AS OUR RECORDS GO, BECAUSE THAT'S STILL WHAT TEEKAT CAD SHOWS.
UM, AND THEN WE ALSO NOTIFIED THE NEW OWNER AS WELL.
SO THEY'RE BOTH AWARE OF THE HEARING, THE NOTICE OF HEARING ALSO STATES, IF YOU READ IN THE NOTICE OF HEARING IT, IT EXPLAINS THAT THE PREVIOUS OWNER IS SUPPOSED TO NOTIFY THE NEW OWNER OF ANY VIOLATIONS, BSE ORDERS, ANYTHING LIKE THAT.
AND THEY'RE SUPPOSED TO ADVISE THEM THAT THESE THINGS EXIST.
SO, AND I, IT SEEMS LIKE EVERYONE IS AWARE OF, UH, THE CONDITIONS.
SO I THINK WE'VE DONE OUR PROPER NOTIFICATION HERE.
YEAH, NO, I MEAN, IT'S PARTLY JUST FOR US LOOKING AT THIS, WE, WE DON'T SEE, YOU KNOW, THE, THE EVIDENCE THAT THERE'S BEEN A NEW OWNER.
UM, I DON'T KNOW IF IT WAS SOMEWHERE IN HERE.
IF YOU LOOK AT THE NOTICES OF HEARING THERE, THEY'VE BEEN NOTED.
YOU DON'T KNOW THAT THEY'RE A NEW OWNER NECESSARILY.
THAT'S JUST GOING TO, BUT THERE ARE NOTICES THAT WENT TO THEM AND I BELIEVE THEIR REGISTERED AGENT SENT BACK A GRIEF OF RETURN RECEIPT.
THERE WOULDN'T BE ANY WAY THAT YOU WOULD KNOW THAT THOUGH.
JOHN GREEN, HAVING DIFFICULTY HEARING JOHN GREEN.
I CAN HEAR, YOU CAN HEAR SOME OF THE COMMISSIONERS, UH, THEIR MICROPHONES, UH, UH, WORK PROPERLY.
DID WE RECOGNIZE MR. BRUNO? NO, BUT I WOULD LIKE TO STATE FOR THE RECORD THAT COMMISSIONER JOHN GREEN HAS JOINED US.
UM, AND WHILE, WHILE YOU'RE, WHILE YOU'RE WITH US, JOHN, DO YOU HAVE ANY QUESTIONS AND, UH, FOR STAFF OR FOR THE PRIVATE, QUITE AWHILE AWKWARD OR ADDING A VIDEO? I DON'T HAVE ANY QUESTIONS RIGHT NOW.
AND I WILL ASK THE COMMISSIONERS STILL STUD ALSO, IF YOU HAVE ANY QUESTIONS.
I THINK HE MIGHT HAVE A CHAIR.
AND I GUESS I WOULD, UM, HAVE ONE QUESTION FOR THE PROPERTY REPRESENTATIVES AND THAT IS IF IT WOULD, UM, IF THERE'S ANY REASON WHY THE ORDER, UH, WOULD INCONVENIENCE THE PROPERTY OWNER IN ANY WAY, IF WE WERE TO ADAPT THE ORDER.
AND, UM, AND THAT'S MY ONLY QUESTION, I'LL LEAVE IT AT.
DID YOU UNDERSTAND THE QUESTION? NO, NO, NO.
SO HE'S WONDERING IF, SO THE PROPOSED ORDER IS TO MAKE ALL REPAIRS WITHIN 45 DAYS.
AND IF THIS IS FOR BOTH OF THOSE DWELLING UNITS, AND IF THE REPAIRS ARE NOT COMPLETED, THEN A FINE OF $1,000 PER WEEK WOULD BEGIN.
NOW WE HAVE NOT ADOPTED, IT'D BE AN ISSUE.
THAT WASN'T EVEN SURE WE WILL, UM, ATTEMPT TO GO AND DO THE REPAIRS AGAIN.
AND LET'S SEE IF THE RESIDENTS WILL ALLOW US TO GO INSIDE THEIR UNITS, BECAUSE MY UNDERSTANDING IS THEY'RE BOTH RELATED AND, UM, THEY'RE COMMUNICATING AMONGST EACH OTHER.
UM, YOU KNOW, DON'T LET HIM IN, DON'T DO THIS.
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UH, THEY, UH, WE WANT TO GO IN AND DO THE REPAIRS AND THAT THEY DON'T LET US IN BECAUSE THEY WANT EVERYTHING NEW REPLACED.AND, BUT WE WILL MAKE ALL ATTEMPTS AND DOCUMENT AS WELL.
SO I HAVE A QUESTION FOR STAFF WHEN YOU SAY FOR 45 DAYS, IS THAT 45 CALENDAR DAYS OR 4,545 CALENDAR DAYS FROM THE DATE THE ORDER IS MAILED TO, AND THEN WE, UM, FROM THE DATE, THE ORDERS MAIL.
SO THAT'S USUALLY IN AN ADDITIONAL WEEK, THAT WOULD BE A WEEK TO 10 DAYS WOULD BE ADDED ONTO THAT.
THE FOLLOWUP QUESTION IS THAT A THOUSAND DOLLARS PER UNIT OR A THOUSAND DOLLARS FOR BOTH ON THE 3,600 FOR EACH CASE, EACH CASE.
WELL, JUST SEEMS TO ME THAT WHAT WE'VE HEARD FROM THE REPRESENTATIVE IS THAT THEY'RE WELL UNDER WAY, WHY DO WE HAVE TO DELAY TO 45 DAYS? CAN WE REVIEW IT TO 30 DAYS, GET THIS DONE SOONER.
WE NEED TO GIVE PROPERTY OWNERS AN AMOUNT OF TIME, A REASONABLE AMOUNT OF TIME TO MAKE REPAIRS, UNDERSTANDABLY THEY SHOULD HAVE KNOWN ABOUT THE REPAIRS PREVIOUSLY, BUT EVEN FROM THE DATE OF THIS MEETING, TYPICALLY WE DO LIKE TO GIVE THEM ENOUGH TIME TO ACTUALLY MAKE THE REPAIRS.
UM, I THINK THAT'S ALL I'M GOING TO SAY ON THAT AT THE MOMENT.
NO, WE'RE, WE'RE NOT, WE'RE NOT ABSOLUTELY TIED TO THAT 45 DAYS.
CAN I FIND OUT WHAT ADDRESS WERE YOU USING TO SEND THE NOTIFICATIONS OR CORRESPONDENCE TO? YEAH, SURE.
UM, MS. SADIE, CAN YOU ACTION? I CAN TELL YOU WHAT'S ON HERE THAT I'M LOOKING AT.
ARE YOU WORKING FOR SAMHSA? SYMPA? WHO ARE YOU MANAGING FOR? SIMBA.
DO YOU SEE IT? IT'S 7 0 5 B STREET, SUITE 1940 AND SAN DIEGO.
DOES THAT SOUND FAMILIAR? OKAY.
TO THE REGISTERED AGENT? OKAY.
UM, WOULD IT BE POSSIBLE TO JUST CONFIRM THE BEST MAILING ADDRESS AT THE, AT THE CONCLUSION OF THIS HEARING? YES, WE CAN DO THAT LATER.
THANK YOU, COMMISSIONER GUMBO DAY.
DID YOU HAVE ANOTHER QUESTION? I JUST HAD A COUPLE OF QUESTIONS.
WE CAN CONFIRM THIS AFTER THE, OKAY.
SO THE QUESTION THAT I HAVE IS WHEN DID YOU START, WHEN DID YOU TAKE OVER THE MANAGEMENT OF THE, IT WAS SEPTEMBER 23RD OF THIS YEAR, OF THIS YEAR.
AND AS OF SEPTEMBER, THAT, THAT YOU WERE WORKING FOR THE NEW OWNER? NOT THE OLDEST.
WE'RE BOTH NEW WITH THE NEW OWNER.
UH, THE ONLY EMPLOYEE THAT, UM, THAT IS WITH THE PREVIOUS OWNERSHIP WOULD BE THE MANAGER AND I COULDN'T GET HER HERE.
AND, UM, YOU DID SUBMIT A FEW EXHIBITS AND THE WORK IS IN PROGRESS.
HOW MANY UNITS DO YOU THINK YOU HAVE TO STILL WORK ON? I KNOW WE, UH, WE HAVE WORKED ON THE UNITS PER THE INSPECTION FOR THE LAST I CHECKED.
I WAS TOLD THAT OUR WORK WAS COMPLETED, UNFORTUNATELY.
UM, YOU KNOW, JUST LIKE I MENTIONED EARLIER, IF THERE'S NEW THINGS THAT ARISE AND THERE, IT'S NOT REPORTED TO US BY THE RESIDENT, WE WON'T KNOW ABOUT IT UNTIL WE COME UP HERE AND, YOU KNOW, STAND UP HERE AND EXHIBITS ARE BEING SHOWN TO US, BUT, UH, I THEY'D MAKE NOTE OF EVERYTHING THAT WAS BEING SHOWN AND I WILL GO AND MAKE WORK ORDERS AND GET MAINTENANCE OUT THERE.
I DON'T HAVE ANY OTHER QUESTIONS.
AND TO BE CLEAR, UH, THE HEARING THIS EVENING IS ONLY FOR TWO DWELLING UNITS, THE ONE AT G TWO AND X TWO.
[01:05:04]
YES.UH, IT SEEMS, IS THERE A RELATIONSHIP BETWEEN THE OLD OWNERSHIP AND NEW OWNERSHIP? NO, NONE WHATSOEVER, UM, IS WHEN THERE IS A PROPERTY BEING PURCHASED AND WE'RE NOT TALKING ABOUT LUNCH MONEY, WE'RE TALKING ABOUT SOME SERIOUS MONEY.
UH, IT WOULD SEEM TO ME THAT THEY WOULD, THE NEW PROPERTY OWNERS WOULD DO AN INVESTIGATION TO SEE WHAT WAS GOING ON AND HOW MUCH IT'S GOING TO COST AND HAVE A GAME PLAN BEFORE THE PURCHASE WAS COMPLETE.
AND I CAN'T UNDERSTAND WHY IT WOULD NOT WORK THAT WAY.
I WOULDN'T BE ABLE TO ANSWER THAT QUESTION.
WHEN I WAS PRESENTED WITH THE VIOLATIONS, I WAS LIKE, OKAY, SO WE'VE, WE HAVE THIS LIST OF VIOLATIONS.
WHY ARE WE EVEN HERE DOING A TAKEOVER? BECAUSE IT MADE NO SENSE TO ME, YOU'RE TALKING ABOUT YEARS AND YEARS AND YEARS.
AND THOSE THINGS JUST DON'T GO AWAY.
BUT WE ARE, UH, WE ARE, UNFORTUNATELY I COULDN'T GET ANY RECEPTION HERE TO PULL UP ONE OF THE BITS THAT I DID GET THAT WE, YOU KNOW, WE'RE WORKING WITH A CONTRACTOR FOR THE, CO-PILOT JUST FOR THE AIR CONDITIONING THAT WE'RE DONE WITHOUT PERMITS AND SO FORTH, BECAUSE WE, WE WANT TO GET TO THAT AS SOON AS POSSIBLE AND TAKE CARE OF IT.
UM, AND IT'S NOT SOMETHING THAT SORRY TO INTERRUPT, BUT WE'RE ONLY TALKING ABOUT THE TWO DRILLING BUSINESS RIGHT NOW.
IT SOUNDS LIKE THAT WORK IS OUTSIDE OF OUR PURVIEW OF THIS EVENING, THE UNIT, UM, G AND, UH, AN EX, UH, ALSO ARE PART OF THAT.
COMMISSIONER FERERA, UH, I WANTED TO MOVE THAT WE CLOSE THE PUBLIC PORTION OF THIS HEARING.
UH, YES, LET'S, LET'S GO AHEAD AND UNLESS I HEAR ANY OBJECTIONS, WE WILL CLOSE THE PUBLIC HEARING.
IF WE HAVE ANY FURTHER QUESTIONS, WE WILL REOPEN IT TO TALK WITH YOU.
YOU ARE JUST BRIEF DISCUSSION.
I UNDERSTAND, YOU KNOW, THE, UH, THERE'S NEW OWNERSHIP AND CLEARLY THERE'S A DISCONNECT OR A MISCOMMUNICATION OR SOMETHING'S HAPPENED.
AND, AND, UM, IN THIS CASE, AND WE'VE SEEN CASES BEFORE WHERE SOMETHING SIMILAR HAPPENS, BUT REGARDLESS OF WHO SHOULD HAVE TOLD WHO WHAT, OR, OR WHO SHOULD HAVE ASKED WHAT THESE RESIDENTS ARE STILL DEALING WITH THESE CONDITIONS.
AND, AND, UM, FAR AS WE KNOW, HAVE BEEN FOR MANY YEARS IN IT, I'M INCLINED TO ACCEPT STAFF'S RECOMMENDATION, UH, AS IS BECAUSE THIS NEEDS TO BE ADDRESSED.
WAS THAT A MOTION? IT'S NOT A MOTION YET.
CAESAR'S MORE DISCUSSION ABOUT IT.
THAT'S MY, THAT'S THE TEMPERATURE OF THE ROOM, AT LEAST RIGHT HERE.
UM, YES, I, I REALLY WOULD JUST ECHO THE SAME, UM, THOUGHTS BECAUSE IT'S CLEAR THAT WHEN THE PURCHASER IS PURCHASING THE PROPERTY, THEY WOULD BE AWARE THAT THERE WERE THINGS GOING ON.
UM, AND THEY DID THEIR RESEARCH.
UM, SO I THINK WE SHOULD JUST GO AHEAD AND, UM, ADOPT THOSE RECOMMENDATIONS AND THAT SHOULD BE AN INCENTIVE TO GIVE THEM A DEADLINE, TO LOOK FORWARD TO, TO GET EVERYTHING DONE.
COMMISSIONER COMMISSIONER STILL SAD.
I'M JUST GONNA THROW IN MY 2 CENTS AND JUST ECHO THE SENTIMENTS OF COMMISSIONERS FUNDED ON WE'LL GO WITH A, UH, YOU KNOW, I THINK YOU TAKE THE PROPERTY SUBJECT TO THE FEE ISSUES THAT IT HAS.
AND I DON'T, I DON'T THINK THERE'S ANY REASON NOT TO ADOPT, UH, ADOPT STAFF'S ORDER.
I DON'T WANT TO MAKE AN EMOTION YET.
I WOULD LIKE TO HEAR FROM OTHER FOLKS, BUT, BUT THAT'S, UH, JUST WANT TO LET EVERYBODY KNOW THAT I'M, THAT I'M SHARING THAT VIEW.
THANK YOU, COMMISSIONER SEELIG, PERHAPS YOU'D LIKE TO MAKE A MOTION.
I'D LIKE TO GO AHEAD AND MOVE TO ACCEPT THE STAFF RECOMMENDATION OF 45 DAYS AS OUTLINED IN THE PREVIOUS, UM, ORDER.
UM, ALTHOUGH I THINK THAT 30 DAYS WOULD BE PLENTY OF TIME GIVEN THE FACT THAT THEY ALREADY KNEW ABOUT EVERYTHING THAT WAS NEEDED TO BE DONE WHEN THEY PURCHASED THE PROPERTY.
I'LL GO AHEAD AND ACCEPT 45 DAYS.
WE ACCEPT THE STAFF RECOMMENDATION.
IS THERE A SECOND FOR THE MOTION? YEAH.
ANY FURTHER DISCUSSION? WE HAVE A MOTION TO ACCEPT.
[01:10:01]
I WAS, YES.HAVE MAY I COMMENT THAT I AGREE WITH ALL, EVERYTHING THAT WAS SAID HERE, AND IT SEEMS TO ME SINCE WE'RE STARTING A NEW RELATIONSHIP WITH THESE PEOPLE, THAT THEY NEED TO UNDERSTAND THAT WE'RE SERIOUS AND WE CAN'T WAIT, WHATEVER IT IS, SIX, EIGHT YEARS BEFORE, AND JUST THINGS POP UP EVERY SO OFTEN ARE VERY OFTEN ABOUT THAT.
SO THAT'S ALL I WANTED TO OFFER.
UM, I WILL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR, SAY AYE.
IN I DID NOT HEAR IS ANYONE OPPOSED AND APPEARS NOT.
ALL RIGHT STAFF'S RECOMMENDED ORDER HAS BEEN, HAS BEEN STAFF'S RECOMMENDED.
RECOMMENDATION HAS BEEN ORDERED, WHICH IS TO COMPLETE ALL REPAIRS WITHIN 45 DAYS.
AND TO BE CLEAR, THIS IS FOR EACH DWELLING UNIT.
AND IF REPAIRS ARE NOT COMPLETED, THE FINE OF $1 PER WEEK WILL BEGIN AFTER 45 DAYS.
UM, IF YOU HAVE ANY QUESTIONS, GET WITH YOUR CODE INSPECTOR AND WE THANK YOU FOR COMING DOWN HERE THIS EVENING TO TALK WITH US AND BEST OF LUCK TO YOU AND SHARE YOU WANTED TO MOVE ON TO ITEM NUMBER SEVEN.
YES, I WOULD LIKE TO MOVE ON TO ITEM NUMBER SEVEN.
[7. Case Number: CL 2021-190864]
ITEM NUMBER SEVEN ON THE AGENDA IS CASE NUMBER CL 20 21 1 9 0 8 6 4.AND IS REGARDING THE PROPERTY LOCATED AT 2324 BITTER CREEK DRIVE STAFF EXHIBITS CAN BE FOUND IN THE BLUE BOOK IN YOUR READERS AND GOOGLE DRIVE FOLDER.
LET'S BRIEFLY GO OVER SOME FACTS ABOUT THIS CASE.
THIS IS ABOUT A FIRE DAMAGE, SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN MARCH, 2021 AS A RESULT OF A FIRE IN THE REAR PORTION OF THE STRUCTURE THAT EXTENDED INTO THE WALLS AND ATTIC, THE HOME IS VACANT AND HAS BEEN SECURED.
THERE ARE NO ACT CURRENTLY, NO ACTIVE PERMITS FOR THIS PROPERTY CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER AND READERS.
YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AS WELL AS A FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
ARIEL IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE, MARKED AS EXHIBITS TWO EIGHT THROUGH TWO G AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR .
UM, GOOD EVENING COMMISSIONERS.
MY NAME IS, UH, AND, UM, I'M A CODE OFFICER WITH THE CITY OF AUSTIN CODE DEPARTMENT.
I'M HERE THIS EVENING TO DISCUSS THE VIOLATIONS FOUND AT THE 2324, UH, BITTER CREEK PROPERTY ON MARCH 29TH, 2021 AUSTIN CODE DEPARTMENT RECEIVED A CODE COMPLAINT FROM AUSTIN FIRE DEPARTMENT REGARDING A RECENT FIRE STRUCTURE FIRE AT THE 2324 BITTER CREEK PROPERTY VIA 3 1, 1.
THE REPORT STATED FIRE DAMAGE TO THE REAR BEDROOM, ATTIC, INTERIOR WALLS AND EXTERIOR WALLS OF THE STRUCTURE ON APRIL 1ST, 2021.
I AND TIP, I ATTEMPTED TO INSPECT THE PROPERTY, BUT WAS NOT SUCCESSFUL.
A BUSINESS CARD WAS LEFT IN HOPES OF A RETURN CALL FROM AN OWNER OR TENANT OF THE PROPERTY.
LATER THAT DAY, I RECEIVED A CALL FROM JOHN ROLAN WHO IDENTIFIED HIMSELF AS THE OWNER OF THE PROPERTY REQUESTING INFORMATION FOR THE VISIT.
I BRIEFLY EXPLAINED TO HIM WHO I WAS AND THAT WE RECEIVED A COMPLAINT OF THE RECENT FIRE DAMAGE AT HIS PROPERTY, MR. ROLEN.
AND I AGREED TO MEET AT THE PROPERTY AT NOON ON FOUR TO 2021 FOR AN INSPECTION OF THE INTERIOR REAR SECTIONS OF THE PROPERTY AND DISCUSS PLANS AND TIMELINES TO COME BACK INTO COMPLIANCE ON APRIL 2ND, 2021, I WAS ALLOWED ENTRANCE TO THE PROPERTY BY MR. ROLDAN, WHO WAS STILL CLAIMING OWNERSHIP OF THE PROPERTY.
AND UPON ENTERING THE HOUSE, I WAS ABLE TO CONFIRM THE VIOLATIONS ELICITING THE COMPLAINT IMMEDIATELY UPON ENTERING THE HOUSE.
I COULD SEE THE INTERIOR WALLS HAD SUFFERED SUBSTANTIAL FIRE DAMAGE TO THE DRYWALL DOORFRAMES, LEADING INTO THE BEDROOMS, REAR BEDROOMS, ATTIC, ELECTRICAL FIXTURES, AND POSSIBLE PLUMBING FIXTURES IN THE MASTER BATHROOM.
UPON MOVING TO THE REAR YARD OF THE HOUSE.
I NOTICED THE DAMAGE TO THE EXTERIOR
[01:15:01]
WALLS HAD BEEN BOARDED UP BY MR. ROLAND THE DAY AFTER THE FIRE.I INFORMED MR. ROLON OF THE PROCESS AND ROLE AUSTIN CODE TAKES WHEN RECEIVING ANY COMPLAINTS AND ASKED IF HE WAS THE OUTRIGHT OWNER OF THE PROPERTY.
I NOTICED ON TRAVIS COUNTY CENTRAL APPRAISAL DISTRICT, UM, SHOWED A CHRISTIAN MAG, UH, CHRISTIAN MINISTRIES, MAGDALENE TRUST AS HOLDING THE OWNERSHIP.
I ASKED MR. ROLON OR ANY OTHER INTERESTED PARTIES, CONTACT INFORMATION, AND HE PROVIDED NONE ON 4, 3, 20 21.
A NOTICE OF VIOLATION WAS SENT TO THE SET TRUST SHOWING THE 2324 BITTER CREEK MAILING ADDRESS ON FILE ON 5, 7 20 21.
I WAS ABLE TO CONFIRM PROGRESS BEING MADE AT THE PROPERTY TO CLEAR THE TRASH AND DEBRIS FROM THE REAR AND FRONT YARDS.
I WAS ABLE TO SPEAK WITH MR. ROLAND AND HE UPDATED ME WITH THE PROGRESS OF THE INSURANCE ADJUSTER ON 6 2 20 21.
I INFORMED MR. ROLEN OF THE RE I WAS INFORMED BY MR. ROLEN OF THE RELEASED FUNDS BY THE INSURANCE AND BE IN THE BEGINNING PROCESSES OF TAPE OBTAINING QUOTES FOR THE REPAIRS NEEDED.
MR. ROLDAN EXPRESSED, CONCERNED CONCERNS ABOUT MEETING THE DEADLINES TO COMPLETE THE REPAIRS.
I INFORMED HIM THAT AS LONG AS WE CAN SEE PROGRESS BEING MADE AT THE HOUSE, EXAMPLES, UH, CONTRACTOR QUOTES, OBTAINING PERMITS FROM DSD, UM, ET CETERA, ANY, ANY, ANY PROGRESS THAT WE CAN CAN VISIBLY SEE? UM, WE WILL WORK WITH HIM BEFORE LEAVING THE PROPERTY.
I WAS INFORMED THAT THE HOUSE IS STILL, UH, THAT THE HOUSE SITS VACANT AND HE AND HIS FAMILY HAVE MOVED INTO ANOTHER, UM, HOUSE RENTAL UNIT ON EIGHT, THREE TWENTY TWENTY ONE.
I RECEIVED A CALL FROM MR. ROLAND REQUESTING INFORMATION ON THE LEGAL AVENUES OF CODE, AS HE DOES NOT BELIEVE HE WILL MEET THE TIMEFRAMES GIVEN I EDUCATED MR. ROLDAN OF THE LEGAL AVENUES CODE AND, UM, HAS, AND STATED THAT THE BUILDING, UH, BSE COMMISSION, UM, IS THE MOST LIKELY AVENUE FOR THIS CASE, MR. ROLAND REQUESTED TO GO TO BSC AND EXPLAIN AND EXPLAIN HIS DIFFICULTIES.
HE IS CURRENTLY EXPERIENCING WITH OBTAINING QUOTES ON 8, 5, 20 21.
I PERFORMED A FOLLOW UP WITH THE PROPERTY AND S AND SEARCHED AMANDA DATABASE.
THAT'S THE DATABASE THAT WE USE, OR FOR, UH, OUR CASES FOR ANY ACTIVE OR PENDING PLAN REVIEWS OR PERMITS FOR THE WORK, BUT NO PROGRESS OR UPDATES COULD BE SEEN ON EIGHT TWENTY SEVEN, TWENTY TWENTY ONE.
I RECEIVED A CALL FROM MRS. BELINDA ROSA, WHO IS THE TRUSTEE OF THE PROPERTY REQUESTING AN UPDATE OF THE CASE.
I UPDATED HER WITH THE CURRENT CASE INFORMATION AND TRY TO EXPLAIN THE BSE PROCESS, BUT WAS CONTINUOUSLY CUT OFF BY MRS. ROSS, MRS. ROSS IS CLAIMING TO BE EXEMPT FROM ALL PENALTIES FROM MUNICIPALITIES AND COUNTIES VIA SECTION 5 0 8.
I INFORMED HER THAT THE SECTION ONLY APPLIES TO TAX PURPOSES, AND I STATED THAT ONLY AFTER CONFIRMING WITH SEVERAL SUPERVISORS, THE FIRE DAMAGE FALLS UNDER THE BUILDING STANDARDS OF THE CITY OF AUSTIN.
THIS WAS A LENGTHY CONVERSATION PRIMARILY ABOUT SECTION 5 0 8 CLAIMS. I ASKED MRS. ROSA IF SHE KNEW MR. ROLAND AND SHE CONFIRMED HIS IDENTITY, I THEN ASK MRS. MRS. ROSS.
UM, I THEN ASKED FOR MRS. ROSS HAS MAILING ADDRESS TO AS TEEKAT SHOWS THE 2324 BITTER CREEK DRIVE ADDRESS AS A PRIMARY MAILING ADDRESS.
UM, SHE REFUSED, I ASKED HOW OFTEN SHE CHECKED THE MAIL AT THE PROPERTY.
SHE CLAIMED ALMOST ON A WEEKLY BASIS.
MRS. ROSS WAS BECOMING FRUSTRATED, CLAIMING SHE IS A TRUSTEE AND WAS NOT PROPERLY NOTIFIED.
I OFFERED MRS. ROSS AS AN OPPORTUNITY TO, UH, TO ATTEND AN IN-PERSON CONVERSATION WITH MYSELF, MY SUPERVISOR AND MR. ROLDAN, BUT SHE DID NOT ACCEPT MRS. ROSS HAS REQUESTED MY SUPERVISOR'S CONTACT INFORMATION, AND I PROVIDED HER WITH MR. KNOX, MY SUPERVISOR, UM, HIS EMAIL AND WORK CELL NUMBER.
I HAVE NOT HEARD FROM MRS OR MR. WALDEN, SINCE THIS CONVERSATION.
NOW I WILL BE SHOWING YOU THE PHOTOS, UM, OF THE, OF THE VIOLATIONS OF THE PROPERTY.
THE PHOTOS LABELED TWO A THROUGH TWO G WOULD DEPICT THE VIOLATIONS FOUND AT THE 2324 BITTER CREEK ADDRESS.
[01:20:01]
PHOTO OF THE ADDRESS, 2324 BITTER CREEK, UM, PROPERTY NEXT PHOTO PHOTO TWO B SHOWS THE FIRE DAMAGE TO THE INTERIOR SURFACES OF THE, OF THE, OF THE STRUCTURE.AS YOU CAN SEE, THIS IS A PHOTO FROM THE LIVING ROOM, UH, GOING DOWN TO THE DOWN TOWARDS THE REAR BEDROOM THAT WAS, UH, WAS, UH, DAMAGED BY THE FIRE.
NEXT SLIDE PHOTOS, TWO C AND TWO G SHOW THE, THE FIRE DAMAGE TO THE DOORFRAMES OF THE INTERIOR AND EXTERIOR PORTIONS OF THE HOUSE.
UM, IN THIS PHOTO, YOU CAN SEE THE DAMAGE, UM, DOORFRAME LEADING INTO THE REAR BEDROOM, UM, AND RIGHT THERE, RIGHT ABOVE THE TIMES, THE 1206 TIMESTAMP, UM, IS A, IS A DAMAGED, UM, WINDOW FRAME.
NEXT PHOTO PHOTOS TO D SHOWS THE FIRE DAMAGE TO THE MASTER BATHROOM LOCATED AT THE REAR OF THE, OF THE STRUCTURE.
UM, SO THIS IS, THIS IS A PHOTO OF, OF THE BATHROOM THAT IS LOCATED INSIDE THAT BEDROOM.
UM, WHILE WE WERE IN THERE IN IT AT, AT THIS, UH, ANGLE OF THE, OF THE ROOM I WAS WITH MR. ROLAND, WE COULDN'T ACCESS IT BECAUSE THERE WERE STILL SOME DEBRIS THAT HE WAS CLEARING OUT.
SO I COULDN'T GET YOU A CLEAR PHOTO OF THE PLUMBING.
UM, BUT THAT SCENE WAS, UM, IT WAS, IT WAS MELTED.
UM, NEXT PHOTO PHOTOS, TWO E AND TWO F SHOW THE FIRE DAMAGE, EXTERIOR AND INTERIOR WALLS OF THE HOUSE.
SO HERE IS, THIS IS THE PHOTO OF THE, OF THE INTERIOR, UM, OF THE FIRE DAMAGE.
AGAIN, THIS IS THAT, THAT BEDROOM, UM, AT THE REAR OF THE, OF THE HOUSE.
AND YOU CAN SEE THE THAT'S THE SUNLIGHT COMING IN THROUGH THE WALL, UH, SHOWING THAT IT WASN'T, IT, IT CURRENTLY SITS, UM, ON WEATHERIZED FROM THE ELEMENTS GETTING INTO THE, INTO THE BEDROOM, NEXT PHOTO PHOTOS TO APH HERE.
THIS IS, THIS IS A, ANOTHER, UM, ANGLE FROM THE EXTERIOR OF THE, OF THE PROPERTY AT THE REAR, AS YOU CAN SEE, UM, AT THE TIME OF THE INSPECTION, UM, MR. ROLAND WAS, WAS IN THE PROCESS OF CLEANING OUT THE PROPERTY.
THIS IS THAT DAMAGED SECTION OF THE, OF THE, OF THE HOUSE, RIGHT OUTSIDE OF THAT REAR BEDROOM.
NEXT PHOTO, UH, PHOTOS, UH, TWO G IS JUST ANOTHER PHOTO, UH, CONFIRMING THE DAMAGE DOORFRAMES OF THE INTERIOR OF THE HOUSE.
THIS BEDROOM, UM, WAS NOT AS SEVERELY IMPACTED AS, AS THE, THE ONE RIGHT ACROSS FROM IT.
UM, BUT YOU CAN, YOU CAN SEE THAT THAT CLEARLY THE, THE, THE CHARNIS, UM, RIGHT ABOVE THE TWO G LOGO, UM, IS TO THE DOORFRAMES, UM, IN THAT, IN THAT AREA OF THE, OF THE, OF THE BEDROOM, THE BEDROOM, THANK YOU FOR YOUR TIME AND SERVICE.
AND THIS CONCLUDES MY PRESENTATION, BUT 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 AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO G STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE FOR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE, AND NUMBER TWO, A THROUGH TWO G.
NOW I SEE THAT THERE ARE THREE PEOPLE HERE AS PROPERTY REPRESENTATIVES.
HAVE YOU ALL AGREED ON WHO SHOULD SPEAK FIRST? OKAY.
IF YOU WOULD LIKE TO STEP UP TO THE PODIUM AND IF YOU WOULD PLEASE INTRODUCE YOURSELF FOR THE RECORD.
I'M THE ONE, THE ROSA, CAN YOU ALL HEAR ME? OKAY.
UM, I AM THE TRUSTEE OF THE PROPERTY.
UH, THIS WAS CHRISTIAN MINISTRIES, MAGDALENA TRUST.
[01:25:02]
THERE IS A DECLARATION OF TRUST ON THIS PROPERTY.UM, LET ME, UH, FIRST SAY THAT ON MARCH 29TH, UM, BRIEFLY MY CHILDREN AND I HAD AN ACCIDENTAL FIRE.
AND ALONG WITH MY DOG, WE ESCAPED OUT OF THE HOME.
UM, WE HAD THE FIRE DEPARTMENT COME IN, UH, BASICALLY THAT DAY WE WERE MORE, UH, DISPLACED, WENT TO A HOTEL, UH, SOON AFTER, UH, MR. ROWAN IS, UH, HE IS A PERSON THAT STAYS IN THE HOME.
SO I AM COMPLETELY RESPONSIBLE FOR ANSWERING ANY QUESTIONS ABOUT THE PROPERTY.
HOWEVER, JOHN, UM, WAS DESIGNATED BY ME TO AT LEAST BECAUSE WE COULDN'T TOUCH THE PROPERTY DUE TO THE INSURANCE AND THE CLAIM.
UM, WE JUST WANTED TO DO THE YARD, JUST THE BASIC THINGS THAT NEEDED TO BE DONE.
THE FIRE DEPARTMENT HAD TO THROW OUT A LOT OF THINGS FROM THE HOUSE TO MAKE SURE THAT THE FIRE WOULD NOT REFRAME.
AT THE TIME WE HAD THE FIRE CHIEF COME OUT AGAIN AS A SECOND VISIT, HE SAID EVERYTHING WAS, HE DIDN'T SEE THAT THERE WAS A DANGER OF THE FIRE COMING BACK.
UM, I WAS WITH MY CHILDREN AND JOHN WAS, UM, DESIGNATED BY ME TO SPEAK TO ANYBODY BECAUSE I WAS, UH, A BIT TRAUMATIZED AT THE TIME.
SO HE WAS DESIGNATED TO SPEAK TO ANYBODY ABOUT THE PROPERTY, UM, OF WHAT NEEDED TO BE DONE.
SO, UM, MOVING FORWARD, LET ME JUST, I WANT TO GET RIGHT TO THE POINTS ABOUT THE REPAIRS.
SO THERE'S BEEN A DELAY WITH THE REPAIRS OF THE PROPERTY, AND WE ARE ASKING FOR AN EXTENSION.
UM, NUMBER ONE, I HAVE THIS WRITTEN DOWN, SO I JUST WANTED TO, OKAY.
THE INSURANCE COMPANY ISSUED THE PROCEEDS TO THE WRONG RECIPIENT, AND IT TOOK SOME TIME TO SORT IT OUT.
NUMBER TWO, THE RUIN, THE WINTER STORM URI AND THE NATIONWIDE LUMBER PRICES HAVE MADE CONTRACTORS AND MATERIALS EXPENSIVE AND SCARCE.
WE WILL NEED MORE TIME TO MAKE ARRANGEMENTS FOR THAT.
AND NUMBER THREE, I DIDN'T FULLY UNDERSTAND ABOUT THE PERMITTING PROCESS AND THE NEED FOR MORE TIME TO PULL THOSE PERMITS.
ONCE WE DID RECEIVE THE INSURANCE CHECK, UM, I WANT TO MAKE SURE THAT MY PAPERWORK I HAVE HERE AS PROOF PAGE ONE, THAT THE INSURANCE CHECK WAS JUST RECEIVED A FEW DAYS AGO.
WE DID HAVE A LOT OF COMPLICATIONS, BUT TO KEEP IT SHORT JUST A FEW DAYS AGO, THE INSURANCE, UM, FINALLY GAVE US A CHECK.
WE DIDN'T HAVE MONEY, UM, TO BEGIN THE, THE, UH, MAJOR CLEANUP PROCESS, BUT GOING BACK TO AUGUST 27TH, WHEN I SPOKE TO CODE COMPLIANCE MYSELF, I ASKED JOHN ROWAN AT THAT TIME TO STEP OUT OF THE SITUATION, HE IS DISABLED.
UM, THE CODE COMPLIANCE OFFICER SAID THAT HE WOULD WORK WITH US AND HELP US TO THIS PROBLEM.
JOHN ROWAN EVERY DAY, KEPT ME IN THE LOOP WITH ALL THE DETAILS THAT THE CODE COMPLIANCE WAS ASKING.
UM, BECAUSE WE COULDN'T TOUCH A LOT OF THE THINGS BECAUSE OF THE INSURANCE CLAIM.
WE MOWED THE LAWN, DID THE BASIC CLEANUP UNTIL IT WAS TIME TO DO, YOU KNOW, A LOT OF THE MAJOR JUNK THAT WAS JUST LAYING AROUND IN THE PRO THE DEBRIS IN THE PROPERTY AND THE DAMAGE.
WHEN, UM, I SPOKE WITH THE CODE COMPLIANCE, I TOLD THEM, I THINK IT'S BASICALLY, I TOLD HIM, I'M THE ONE THAT NEEDS TO ANSWER FOR THIS PROPERTY.
THIS IS A CHURCH BY CONVENTION.
HE SAID, NO, JOHN ROWAN SAID, HE'S THE OWNER.
AND I SAID, WELL, I'M CALLING TO CLEAR THAT UP WITH YOU.
[01:30:01]
WITH THE COUNTY.SORRY TO INTERRUPT FOR JUST ONE MOMENT.
UM, I WILL LET YOU CONTINUE SPEAKING.
UH, ESPECIALLY AS WE HAVE THREE PEOPLE SIGNED UP, WOULD YOU LIKE TO TAKE OVER THEIR TIME AS WELL? OR SOME OF THEM? UM, WHAT I WAS, THE ONLY REASON I SIGNED THEM UP WAS IN CASE YOU, UH, ANYBODY WANTED TO CONFIRM WHAT I'M EXPLAINING.
UM, SO IF YOU HAVE A QUESTION, BECAUSE I WAS WITH MY CHILDREN IN A HOTEL FOR ABOUT FOUR, YOU KNOW, FEW MONTHS, HOMESCHOOLING, IT'S BEEN DIFFICULT ON THAT END, SO HE KNOWS MORE DETAIL ABOUT CODE COMPLIANCE AND, UM, THAT DIRECTION.
BUT ON THAT CONVERSATION OF AUGUST 27TH, I EXPLAIN TO CO COMPLIANCE.
I'M THE ONE YOU NEED TO SPEAK TO.
UM, YOU'VE DIRECTED JOHN TO CLEAN THIS, TO CLEAN THAT THIS NEEDS TO BE DONE.
UM, THERE'S JUST TOO MUCH GOING ON.
AND I DID EXPLAIN, I AM THE TRUSTEE.
I'M GOING THROUGH THERE'S, UM, EVIDENCE ON, ON THE, UH, TRAVIS COUNTY, UM, APPRAISAL DISTRICT THAT I'M GOING THROUGH A PROTEST.
I CLEARLY KNOWLEDGEABLE ABOUT THE STATUS OF THIS CONTRACT ON OUR CHURCH.
AND I WAS JUST TRYING TO EXPLAIN IT TO HIM.
HE SEEMED LIKE HE DID NOT UNDERSTAND WHAT I WAS SAYING.
SO I TOLD HIM THERE'S A LOT OF THAT.
YOU CAN TALK TO YOUR PEOPLE AND FIND OUT WHAT THAT IS.
SO YOU KNOW THAT I AM THE TRUSTEE, BUT WE WERE GOING BACK AND FORTH GETTING NOWHERE.
SO I TOLD HIM IF YOU HAVE COURT PAPERS OR SOMETHING TO SEND TO ME, I WANT IT DIRECTED TO ME AND NOT JOHN ROLA.
SO FRONT FORWARD TO NOW, UM, WE RECEIVED THIS PAPERWORK SOMEWHERE AROUND THANKSGIVING, AND I'M HERE ASKING FOR THE EXTENSION.
SO DO YOU HAVE A SPECIFIC TIMEFRAME IN MIND? AND COULD YOU TELL US A LITTLE MORE ABOUT WHAT YOUR NEXT STEPS ARE AND HOW YOU PLAN TO BRING THE BUILDING INTO COMPLIANCE? YES, MA'AM.
NOW THAT WE RE UH, SEE IF THE CHECK, UH, WE ARE THE FIRST BID OR ESTIMATE WE RECEIVED LEFT US BECAUSE OF THE LUMBER PRICES LEFT US IN AN OVERTURN WHERE WE WOULD NOT HAVE ENOUGH FOR THE MATERIALS.
SO WE WERE ESTIMATING AROUND SEPTEMBER FOR THOSE MATERIALS TO COME DOWN ON THE PRICES.
IT MAY HAVE GOTTEN DOWN A LITTLE BIT, BUT WE ARE NOW READY TO START THE PROCESS TO GET A FENCE UP IN THE FRONT, FIRST OF ALL, TO BLOCK OUT AND PUT ANY SIGNS THAT WE NEED TO MAKE SAFETY FOR THE COMMUNITY, TO LET THEM KNOW THAT THE PROPERTY IS GOING TO BE UNDER CONSTRUCTION.
THAT'S MY NUMBER ONE PLAN FOR THE CHILDREN THAT ARE IN THE AREA.
AND THEN, UM, WE HAVE TO GET THE PERMITS AND WE DO HAVE, UH, THERE WAS, UM, THE PROPERTY BEHIND US HAD AN EXPLOSION.
SO THEY HAD A BUILDER THERE WE'RE PLANNING TO, UM, TRY AND HIRE THAT BUILDER AND GET, GET HIM TO GET AN ESTIMATE ON THE PROPERTY.
BUT NOW THAT WE COULDN'T DO ANYTHING BECAUSE WE DIDN'T HAVE THE MONEY UNTIL FEW DAYS AGO.
SO THAT'S OUR PLAN IS TO GET THE BUILDER, TO HELP US AND GET THE PERMITS.
AND ALSO THERE'S SOME UPCODING THAT NEEDS TO BE DONE.
I DON'T KNOW ANYTHING ABOUT BUILDING A HOME.
I'D BE HONEST WITH YOU, BUT I'M WILLING TO LEARN.
I JUST WANT EVERYBODY TO KNOW THAT BECAUSE OF THE EMPLOYMENT SHORTAGE AND THE SHUTDOWN, IT'S BEEN REALLY HARD TO IRON OUT THE SITUATION WITH THIS INSURANCE.
AND, UM, NOW THAT WE'VE DONE IT, ALL I CAN DO IS ASK FOR SOME TIME, I DON'T KNOW HOW MUCH TIME IS ALLOTTED FOR THIS TYPE OF THING, BUT IF YOU GUYS CAN MAYBE HELP ME FIGURE IT OUT.
I DID GET CONTACTED BY, UM, THE URBAN LIT LEAGUE.
UM, I JUST RECEIVED IT THE OTHER DAY, BUT I DON'T EVEN KNOW HOW MUCH THEY CAN HELP ME BECAUSE I DID GET AN INSURANCE CHECK.
BUT ALSO IN THAT AREA, WE WERE IN A 2015 FLOOD.
AND THEY'RE JUST NOW GETTING TO SOME OF THOSE PROPERTIES.
AND MINE IS INCLUDED THAT THERE ARE SOME STRUCTURE SITUATIONS THAT THE CITY MAY COULD, SHOULD FIX.
THEY'RE DOING IT FOR THE PEOPLE ACROSS THE STREET, BECAUSE WE ALSO HAD AN EXPLOSION
[01:35:01]
IN FRONT OF OUR HOUSE AND IT CAUSED A LOT OF DAMAGE ON, UM, I DON'T KNOW THE WORDS, BUT WE WILL NEED TO CONTACT THE CITY BECAUSE MY NEIGHBOR ACTUALLY REACHED OUT TO ME YESTERDAY AND SAID, THE CITY WANTS TO SPEAK TO YOU BECAUSE THEY SAID THAT THING THEY NEEDED TO HELP US HELP YOU FIX SOMETHING IN YOUR BACKYARD.I JUST DON'T KNOW THE WORDS FOR IT, BUT THAT STILL NEEDS TO BE DONE.
SO I'M AT THE BEGINNING STAGES.
AND AT THIS TIME, UH, IS EITHER JOHN ROLAND OR, OR I WILL ROSA HAVE ANYTHING TO ADD OR WOULD YOU LIKE TO JUST BE AVAILABLE FOR QUESTIONS? OKAY.
IF YOU COULD PLEASE INTRODUCE HER.
UM, I LIVED AT 23, 24 BITTER CREEK, UM, BEFORE THE FIRE, UM, THE PERSON BEFORE ME, UM, EXPLAINED THAT, UM, WE WERE DISPLACED.
UM, THE DAY OF THE FIRE, UM, AFTER THE FIRE DEPARTMENT LEFT AND THEY SAID WHAT THE F WHAT THEY BELIEVED THAT THE, WHAT CAUSED THE FIRE? UM, I IMMEDIATELY STARTED, UM, PICKING UP STUFF AROUND THE YARDS AROUND OUR YARD, I MEAN, AND, UM, TRASH AND DEBRIS INSIDE THE HOUSE.
UM, AND THEN THE FIRE DEPARTMENT CAME BACK A SECOND TIME AND THEY EVEN SAW ME DOING THAT.
THEY SAID THEY WANTED TO MAKE SURE THAT THE, THERE WAS NO, UM, FIRE RESTARTING AGAIN.
UM, SO I CONTINUED CLEANING, UM, MY SON-IN-LAW BRUNG, UM, UH, PLYWOOD OVER AND WE IMMEDIATELY STARTED BOARDING UP THE, THE HOUSE THAT VERY SAME DAY, WE BOARDED UP THE WHOLE HOUSE AND ANY OTHER HOLES THAT WERE VISIBLE.
UM, OF COURSE, SINCE IT WAS A LOT OF MESS, UM, WE FILLED UP AS MUCH AS BAGS IS, UH, THAT WE COULD POSSIBLY FILL UP OR PROBABLY ABOUT EIGHT OR NINE MAYBE, OR MAYBE 10.
AND, UM, SO I WAS COMING BACK DAY AFTER DAY THAT I, WHEN I COULD, BECAUSE I'M DISABLED AND, UM, I'M VERY LIMITED WHEN I CAN DO SO.
IT'S GONNA, IT WAS A LONG DRAWN OUT PROCESS FOR ME TO, YOU KNOW, CONTINUE WORKING.
IT IT'S JUST DEPEND ON, UM, MY PAIN LEVELS AND, YOU KNOW, WHAT I COULD ACTUALLY DO FOR EACH DAY, UM, THE CODE ENFORCEMENT GUY SHOWED UP, UH, AND HE ACTUALLY SAW ALL THE TRASH THAT I HAVE BEEN, UM, PICKING UP.
AND HE TOLD ME THAT I HAD TO CONTINUE TO, YOU KNOW, THE, THE, THE PICKUP TRASH AND STUFF AND THE CLEANUP, ALL THAT AREA THAT WAS VISIBLE.
AND THEN HE DID A WALKTHROUGH.
UM, HE ALSO SAID THAT, UM, AS SOON AS I FINISHED PICKING UP ALL THAT, THAT HE WOULD, UM, HE WOULD CONSIDER, UM, TRYING TO CLOSE THE CASE.
SO AS THE TIME WENT BY, UM, THE DAYS OR THE WEEKS OR WHATEVER, UM, I KEPT UP CLEANING MORE AND MORE BECAUSE WE HAD A BIG TRASH DAY THAT WAS GONNA, UM, WAS GOING TO COME WITHIN SO MANY WEEKS OR SOMETHING LIKE THAT, THAT WE'RE PUTTING EVERYTHING OUT.
I WAS PUTTING EVERYTHING OUT TO THE STREET.
AND OF COURSE THERE WAS A LOT THAT WE COULDN'T TOUCH BECAUSE THERE WAS A LOT OF, UH, YOU KNOW, A LOT OF PROPERTIES THAT BELONG TO US THAT WAS DAMAGED AND WE NEEDED THE, UM, INSURANCE, UH, UM, TO DOCUMENT IT, OR WE NEEDED TO DOCUMENT IT FOR THE INSURANCE.
AND BASICALLY THEY GAVE US, UH, A WHOLE LIST OF STUFF ON THE END, UM, TO DO ONLINE, WHICH WAS ALMOST IMPOSSIBLE, YOU KNOW, CAUSE IT WAS JUST A BIG LIST.
BUT ANYWAY, UM, MR. UM, KEPT SHOWING UP AND, UM, HE WOULD LOOK AT THE PROPERTY WHEN HE DID SHOW UP WHEN I WAS OUT THERE.
AND THE VERY LAST TIME THAT I TALKED TO HIM, HE, UM, HE WAS TALKING ABOUT THAT, YOU KNOW, THAT HE WAS GONNA, UM, SINCE EVERYTHING WAS CLEANED UP, YOU KNOW, AROUND THE HOUSE THAT HE WAS GOING TO, UM, SEE IF THEY CAN CLOSE THE CASE.
SO, UM, I WALKED HIM TO HIS VEHICLE AND HE SAT IN THE VEHICLE AND HE STARTED FILLING OUT PAPERWORK AND HE TOLD ME, UM, THEN IT KIND OF, THE CONVERSATION KIND OF SWITCHED TO, OH NO, YEAH.
WE GOT INTO A CONVERSATION ABOUT PEOPLE STAYING IN THE HOUSE.
AND I SAID, LOOK, NOBODY'S STAYING HERE.
I MEAN, WE'VE BEEN IN A HOTEL, THERE'S NO ONE IN THERE.
AND HE SAID, UM, HOW DO WE KNOW THAT THERE ISN'T ANYONE LIVING IN THERE AND I'LL SAY, YOU'RE WELCOME TO COME IN.
SO WHEN I BROUGHT HIM IN AND HE STARTED TAKING MORE AND MORE PICTURES, AND I THOUGHT THAT WAS KIND OF STRANGE BECAUSE HE WAS REALLY SUPPOSED TO GO IN THERE AND SEE IF SOMEONE WAS LIVING THERE.
[01:40:02]
SO, I MEAN, THAT WAS MY OPINION THAT I THOUGHT IT WAS STRANGE.SO ANYWAY, WE WENT BACK TO THE TRUCK AND HE FINISHED, HE HAD AN ENVELOPE LIKE THIS, THIS TYPE OF ENVELOPE.
AND HE TOLD ME, UM, THAT, UM, THIS TIME HE KIND OF CHANGED THE WORDING THAT HE WAS GOING TO SEE IF WE'LL BE ABLE TO CLOSE THE CASE.
UM, AS FAR AS MY KNOWLEDGE, UM, AS FAR AS I KNEW, IT WAS JUST THE CLEANING PART.
HE NEVER SAID THAT I WAS GOING TO, UM, HAVE TO PULL OUT, UM, PERMITS.
UM, I KNEW I HAD TO BECAUSE THE WORK EVENTUALLY WAS GONNA HAVE TO BE DONE.
UM, ANYWAY, HE TOLD ME, UM, I'M GOING TO PUT THIS PAPERWORK ON YOUR WALL, ON THE OUTSIDE YOUR, YOUR, YOUR HOUSE AND, AND, UM, UH, WAIT FOR ME TO LEAVE BEFORE YOU EVEN GO AND LOOK AT IT.
SO, UM, HE LEFT AND I WENT AND PICKED UP.
I WENT TO PULL UP THE INFORMATION AND I KIND OF LOOKED AT IT, BUT LIKE I SAID, I HAD NO IDEA THAT I WAS SUPPOSED TO GO FORWARD AND PULL PERMITS BECAUSE THE COVID, IF YOU COULD PLEASE WRAP, WRAP UP BECAUSE THE COVID, UM, AND THEN WE DIDN'T HAVE THE FUNDS TO DO THE WORK.
UM, IN ORDER TO PULL THE PERMIT, YOU HAVE TO HIRE A COMPANY.
AND THEY'RE THE ONES THAT PULL THE PERMIT.
CAUSE I CAN'T PULL THOSE TYPES OF PERMITS.
SO THAT'S WHY THERE WAS A BIG, UM, GAP ON WHY WE COULDN'T PULL ANY PARK BECAUSE WE NEEDED A COMPANY TO DO IT.
THE FIRST COMPANY THAT WAS, UM, THAT CAME OUT WITH A QUOTE WAS SITTING BY, UM, INSURANCE COMPANY AND THEY CHARGED, UH, THEIR QUOTE WAS A LOT MORE THAN, THAN WE WERE SUPPOSED TO RECEIVE.
SO OF COURSE WE COULDN'T HIRE THEM BECAUSE, UM, WE WEREN'T GOING TO BE ABLE TO AFFORD THEM.
UM, LIKE I SAID, BECAUSE OF COVID AND WE WERE DISPLACED, MR. ROLAND, IF YOU HAVE WE'RE WE'RE OVER TIME NOW, AND WE DO WANT TO HEAR EVERYTHING YOU ALL HAVE TO SAY, BUT IF YOU HAVE ANYTHING THAT MS. ROSA HAS, HAS NOT ALREADY SAID, WE'RE AT THE END OF THE DAY, WE, WE WANT, WE WANT TO FIX OUR HOME.
WE HAVE TWO KIDS AND, UM, THEY NEED TO GET BACK HOME.
UH, WE'RE, I'M PAYING OUT OF MY POCKET TO STAY SOMEWHERE RIGHT NOW.
IT'S NOT BEING COVERED UNDER THE INSURANCE.
AND SO I'M BASICALLY HAVING TO PAY FOR THE HOUSE, WHATEVER, LIKE BILLS OR SOMETHING, OR, AND ESPECIALLY WHERE WE LIVE.
SO, UM, LIKE SHE SAID, THE CHECK JUST CAME IN AND, UM, WE'RE BASICALLY GONNA HAVE TO START FROM SCRATCH.
WE'RE GOING TO HAVE TO FIND SOMEBODY THAT THEY GIVE US QUOTES, THAT WE WILL BE ABLE TO AFFORD AND TAKE IT FROM THERE.
BUT OUR INTENTIONS WAS NEVER TO THE LAYERS.
AND LIKE I SAID, I WAS CLEANING AND DOING EVERYTHING THAT THE CORY OF HORSEMAN GUY, MY MOUTH IS DRYING UP, TOLD ME TO DO.
AND WE, WE HEAR THAT AND WE APPRECIATE YOU TALKING WITH US ABOUT IT.
SO THE COMMISSION MAY HAVE SOME QUESTIONS FOR YOU OR FOR THE CODE INSPECTOR, IF YOU WOULD LIKE TO GO AHEAD, COMMISSIONER FOR VERA.
JUST, JUST HAVE A QUESTION, I THINK FOR LEGAL, JUST TO UNDERSTAND, UH, IN TERMS OF OUR RANGE OF OPTIONS.
IF, IF I REMEMBER IF WE WERE TO LEAN TOWARDS AN EXTENSION 90 DAYS, I BELIEVE THAT THE MAXIMUM OR THAT'S WITHIN OUR PURVIEW, THERE'S NOT REALLY A LIMIT.
UM, BUT THERE ARE SPECIFIC REQUIREMENTS THAT WE MENTIONED LAST TIME.
UM, IF YOU WOULD LIKE TO GRANT FURTHER THAN 90 DAYS, UM, THEN THE PROPERTY OWNERS WOULD NEED TO, UM, HAVE PROVIDED, UH, LIST.
AND I CAN GO OVER THAT IF YOU WOULD LIKE, YEP.
COULD YOU, IS THAT SOMETHING THAT WE COULD DO JUST TO LIKE THREE MINUTES OR SOMETHING LIKE THAT? YEAH.
SO, UM, THIS IS IN YOUR, UH, COMMISSION RULES 4 0 6, UM, TO ALLOW A PROPERTY OWNER TO EXCEED A REPAIR TIMEFRAME OF 90 DAYS, THEY NEED TO SUBMIT, UM, A CONTRACTOR'S ESTIMATE OF REQUIRED WORK TO BE ACCOMPLISHED A FORMAL BREAKDOWN OF COSTS, INCLUDING SUPPLIES AND LABOR LETTER FROM A FINANCIAL INSTITUTION APPROVING REQUIRED FUNDS OR OTHER PROOF OF FUNDING, UM, AND AN ESTABLISHED TIMEFRAME BY WHICH ALL WORK WILL BE ACCOMPLISHED.
SO ALL FOUR OF THOSE THINGS, BUT THAT DOES NOT PRECLUDE ANY, UM, IF YOU WANNA CONTINUE OR ANYTHING YOU WANT TO DO WITH THE TIMEFRAME, THAT'S JUST ANYTHING EXCEEDING 90 DAYS OF REPAIR ORDER.
SO IF I UNDERSTAND CORRECTLY, 90 DAYS IS THE MAXIMUM WE COULD DO WITH THAT, THOSE DOCUMENTS YOU LISTED.
SO, UM, SO I DON'T KNOW IF YOU UNDERSTAND THAT, BUT THE, THE MAXIMUM, IF WE DID DECIDE TO GIVE YOU MORE
[01:45:01]
TIME, THE MAXIMUM WE COULD GIVE YOU WITH 90 DAYS, UM, AT WHICH TIME YOU WOULD NEED TO PRESENT THE DOCUMENTS THAT WERE JUST LISTED.AND I BELIEVE PROBABLY THOSE COULD BE PROVIDED THAT WAS, COULD BE PROVIDED FOR YOU FOR THERE TO BE ANY SORT OF CONSIDERATION FOR MORE.
I SEE THAT YOU DID GET YOUR CHECK JUST A COUPLE OF WEEKS AGO.
YEAH, JUST AT THE BEGINNING OF THIS MONTH.
SO, UM, YEAH, SO, SO I CERTAINLY, I UNDERSTAND THE POSITION YOU'RE IN AND THAT THERE'S A LOT TO DO, AND THERE'S A LOT TO DO IN TERMS OF PERMITS AND PROCESSES AND, AND THINGS LIKE THAT.
UM, BUT AT THE SAME TIME, YOU KNOW, THAT WE HAVE SOME RULES TO FOLLOW TOO.
SO IT'S REALLY, I DON'T HAVE ANY QUESTIONS FOR YOU.
UH, COMMISSIONER GREEN, DID YOU HAVE A QUESTION I'M SURE.
COMMISSIONER GREEN AND THEN WE'LL GET TO YOU COMMISSIONER STILL STARTED.
I LIKE TO SPEAK WITH THE PROPERTY OWNERS, UH, UH, REPRESENTATIVE, UH, MAN, YOU HAVE A LOT ON YOUR PLATE.
UM, AND I THINK, UM, UH, WE'VE SEEN SEVERAL SITUATIONS THAT, UH, YOU KNOW, WE REALLY WANT TO HELP OUT, BUT, UH, I DON'T SEE A PLAN AND THAT'S SOMETHING I KINDA HONE IN ON IS UNDERSTAND.
YOU HAVE A LOT OF THINGS GOING ON, BUT JUST EXCEED.
YOU'RE GOING TO NEED A PLAN, A FIRM PLAN OF HOW YOU'RE GOING TO USE THE FUNDS FROM THAT, CHECK HOW YOU'RE GOING TO GO AHEAD AND ADDRESS THE ISSUE THAT CODE IS, UH, UH, POINTED OUT AND, UM, UH, YOU KNOW, UH, GETTING PEOPLE UNDER CONTRACT, GETTING OUT OF THE APPROPRIATE, UH, PLANS TO RENOVATE.
UM, THAT'S GOING TO REQUIRE A LITTLE BIT OF TIME.
SO IF WE, IF WE GIVE YOU 90 DAYS AND, UH, YOU KNOW, KIND OF HESITANT WITHOUT A PLAN, UM, BUT IF, IF WE WOULD ALLOW IT IN ADDITIONAL, UH, TIMEFRAME, WE WOULD, I WOULD, I WOULD EXPECT THIS, HAVE YOU COME BACK AND DEMONSTRATE? AND SO TO THE COMMISSION THAT, UH, YOU'VE TAKEN ACTION, YOU'VE HIRED PEOPLE, YOU'VE GOTTEN ADVISORS AND YOU'VE GOT A PLAN TOGETHER.
THAT'S SOMETHING YOU THINK IS POSSIBLE.
MY FATHER WAS A BUILDER AS A CONTRACTOR FOR THE CITY OF AUSTIN EAST HERE.
UM, HE HAS WORKED CLOSE WITH THE HISPANIC CHAMBER OF COMMERCE.
HE'S WORKED WITH THE CONTRACTORS, UM, WITH THE CITY, I'VE GOT A NETWORK OF SUPPORT, BUT WITHOUT MONEY, THERE'S NOTHING, BUT NOW THAT THERE'S MONEY, THERE'S SOMETHING.
SO I AM FULLY CONFIDENT THAT I DO HAVE, UH, THE SYSTEM ON MY SIDE, UH, THIS, UH, SUPPORT SYSTEM HERE.
AND, UM, I'VE HAD ACTUALLY, THAT'S WHY I BROUGHT UP THE BUILDER BEHIND OUR HOME BECAUSE, UM, IT WOULD MAKE SENSE.
HE JUST, YOU KNOW, ACCORDING TO THE PERMITS AND THE RULES OF MY DISTRICT OR WHATEVER YOU WANT TO CALL IT, HE SEEMS TO BE, SINCE HE JUST BUILT THAT HOME, HE CAN HELP ME LOOK AT MY HOME.
SO IT WAS ALWAYS JUST A LACK OF MONEY.
WELL, I MEAN, I THINK, UH, I APPRECIATE, YOU KNOW, PERSONAL RELATIONSHIPS ARE IMPORTANT, BUT UNTIL YOU HAVE SOMEBODY ON A CONTRACT UNTIL YOU HAVE SOMEBODY THAT YOU'RE ABLE TO PAY, THAT'S NOT A PLAN.
SO, UH, AGAIN, I'M HARPING ON, UM, ADDRESSING CODE ISSUE, GETTING, UM, UH, THE DUCKS IN A ROW REQUIRES SOME FORETHOUGHT AND A PLAN.
AND I WOULD EXPECT THAT IF, UH, UH, ANYTHING'S EXTENDED HERE THAT, UH, I WOULD CERTAINLY REQUEST THAT YOU COME BACK AND PRESENT A PLAN SO THAT, UH, WE HAVE AN UNDERSTANDING THAT, UH, UH, THE, UH, DISREPAIR WILL BE, UH, ADDRESS.
AND IF YOU SEE, IF I CAN BE PROVIDED WITH WHAT THE LIST, THEN I CAN COMPLY, WE'LL SEE WHAT THE COMMISSION DECIDES.
AND IF WE DO DECIDE TO EXTEND IT WITH CERTAIN CONDITIONS, WE WILL, WE WILL YOU'LL KNOW THAT TONIGHT.
DID YOU HAVE A QUESTION YOU THINK YOU MIGHT, I'M SURE I HAVE A QUESTION FOR, UM, UH, FOR LEGAL AND I'M SORRY.
CAUSE I'M PARTICIPATING, PARTICIPATING REMOTELY.
I DIDN'T SEE WHO WE HAVE TONIGHT.
IT WASN'T MS. LANE OR NO, WE HAVE MS. CURRY.
UM, SO I JUST, I WANTED TO REVISIT THE, THE RANGE OF OPTIONS WE HAVE THAT COMMISSIONER WAS RAISING A MOMENT AGO AS I LOOK AT OUR RULES AND RULE 5 0 2 TIME GRANT, I HAD TO COMPLETE WORK ORDERED BY COMMISSION LOSES PARAGRAPH.
IT'S THE SECOND PARAGRAPH AFTER THAT HEADING, UM,
[01:50:01]
IN THE EVENT THAT THE COMMISSION DESIRES TO CLAMP THE PROPERTY OWNER OR LIEN HOLDER, MORE THAN 90 DAYS TO COMPLETE THE REQUIRED WORK COMMISSION SHALL NOT GRANT SUCH EXTENSION UNLESS THE PROPERTY OWNER OR LIEN HOLDER SUBMITS THE HEARING A DETAILED PLAN AND TIMESCALE FOR THE WORK AND ESTABLISHES AT THE HEARING THAT THE WORK CANNOT REASONABLY BE COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPING OF PLAQUES, THE, UH, COMMISSION ALLOWS, IT GOES ON TO SAY, UM, REQUIRE THE PROPERTY HOLDER UNFILTERED SUBMIT REGULAR PROGRESS REPORTS, DEMONSTRATING CLIENTS WITH TIME SCHEDULES.UM, I GUESS WHAT I'M GETTING AT HERE IS I, I, WHEN I LOOK AT THIS PARAGRAPH, I, WHEN YOU WERE RESPONDING A MOMENT AGO TO COMMISSIONER FOREVER'S INQUIRY, I THOUGHT I HEARD SOMETHING TO THE EFFECT THAT FOR EXAMPLE, LIKE CONTRACTORS BID WOULD BE A REQUIRED, YOU KNOW, THE, THE, AND, AND I DON'T SEE THAT REQUIREMENT IN OUR RULES.
AM I LOOKING IN THE WRONG, UM, YES, COMMISSIONER, THERE'S A PREREQUISITE TO CONSIDERING 90 DAYS AND IT'S IN, UM, RULE FOR US SIX THERE'S EVIDENCE REQUIRED IN CERTAIN CASES FOR THE PAIR OF FRAME TO EXCEED 90 DAYS.
AND THEN ONCE, ONCE THEY HAVE THOSE DOCUMENTS AND WE'VE ESTABLISHED, THEY'RE ELIGIBLE FOR THE 90 DAYS, THEN THERE ARE THOSE REQUIREMENTS OF THE PROGRESS REPORT.
THEY HAVE TO SHOW THAT IT CAN'T BE COMPLETE WITHIN 90 DAYS.
A PROPERTY OWNER WHO DESIRES TO REPAIR A STRUCTURE THAT HAS BEEN SCHEDULED FOR A DEMOLITION OR WOULD EXCEED REPAIR TIMEFRAME OF 90 DAYS SHALL SUBMIT THE FOLLOWING DOCUMENTS.
THAT ACTUALLY ANSWERS MY QUESTION.
UM, I'M THINKING ABOUT I'M SURE I DON'T HAVE ANY FURTHER QUESTIONS.
UH, MR. ROLAND, DID YOU HAVE SOME, YES, I HAVE ONE MORE THING TO ADD THAT THAT'S GOING TO CAUSE, UM, THAT I FEEL THAT THERE'S GOING TO COME IN THE WAY OF, OF, UM, FINISHING EVERYTHING THAT WE'RE DOING IS BECAUSE OF ALL THE FLOODING THAT WE'VE HAD BEFORE.
AND THEY'RE ACTUALLY REBUILDING THE WHOLE CREEK AREA.
THAT'S ACROSS THE STREET FROM US, OUR FA OUR LAND IS KIND OF DROPPING.
SO WE KIND OF HAVE TO LOOK AND SEE IF, UM, WE DON'T WANT TO START, UH, NOT THAT WE DON'T WANT TO START BUILDING.
WE WANT TO MAKE SURE WHEN WE START, UM, DOING WHAT WE'RE SUPPOSED TO BE DOING WITH THE HOUSE, THAT THAT IS NOT GOING TO CAUSE IT TO START, UM, CAUSING MORE PROBLEMS TO WHAT WE'RE TRYING TO FIX ALREADY.
THIS, THIS WILL BE REVIEWED THROUGH PERMITTING.
YOU KNOW, WE, WE CAN'T ANSWER THAT THIS EVENING, OF COURSE.
AND IT'S REALLY GOOD THAT YOU'RE AWARE OF THE POTENTIAL ISSUES THERE.
I JUST WANTED TO MAKE NOTE, I MEAN, Y'ALL PUT IT ON THE RECORD THAT WE DO HAVE OTHER ISSUES AND IT AIN'T JUST THE HOUSE.
IT'S THE, THE WHOLE PROPERTY IS SINKING IN THE BACK AND IT'S GOING TO ADD TO OUR SITUATION.
OTHER COMMISSIONERS COMMISSIONER OR GUMBO DAY? YES.
UM, I HAD A COUPLE OF THINGS THAT I NEEDED TO CLARIFY A NEEDED CLARIFICATION ON.
SO YOU RECEIVED A CHECK IN JUNE, CORRECT? A FEW MONTHS AFTER THE FIRE AT FIRST.
AND, UM, YOU SAID IT WAS WRITTEN OUT IN THE WRONG NAME, SOMETHING LIKE THAT.
AND BETWEEN THAT TIME AND NOW, BECAUSE IT'S ALREADY BEEN ABOUT EIGHT MONTHS SINCE ALL OF THIS STARTED, RIGHT.
UM, WERE YOU ABLE TO GET, CAUSE YOU MENTIONED BIDS AT SOME POINT AND YOU SAID THAT THE BIDS CAME HIGHER THAN WHAT THE INSURANCE WAS WILLING TO COVER.
UM, IS THERE A REASON WHY YOU DIDN'T AT LEAST COME WITH SOMETHING TODAY TO SHOW US? IS THERE A REASON, WOULD IT COME WITH A BIT TODAY? I MEAN, WE HAVE, UM, AN ADJUSTERS, UM, WORKSHEET AND ADJUSTERS.
UM, IT HAS AN ESTIMATE OF WHAT WE'RE GONNA NEED AND THE CODE COMPLIANCE.
DID YOU GET THAT? IS THAT WHAT YOU'RE REFERRING TO? UH, A BIT OF YOUR OWN FROM A PRIVATE, LIKE YOU SAID, YOUR FATHER, AN ACTUAL BID.
THEY ASKED HIM, OH, HE'S RETIRED AND DISABLED.
I CAN'T HEAR YOU THAT WELL, UM, YOU ASKED ABOUT MY FATHER.
WELL, I WAS JUST ASKING IF YOU HAD ANYTHING CONCRETE.
CAUSE THAT'S WHAT COMMISSIONER GREEN IS TRYING TO MAKE SURE THAT WE USE IN THE TIME WISELY BECAUSE WE'VE ALREADY HAD EIGHT MONTHS.
AND SO FAR YOU HAVEN'T GOTTEN A BIT OF YOUR OWN, OTHER THAN WHAT THE INSURANCE COMPANY PROVIDED.
I'VE HAD SO MUCH DIFFICULTY BECAUSE OF THIS SHUTDOWN.
THIS HAS, THIS ONE HAS THE ANSWER.
IT'S I CAN'T EVEN TELL YOU HOW MANY I CAN JUST TELL YOU THE BASIC I CAN MOVE FORWARD BECAUSE I CAN PAY
[01:55:01]
PEOPLE.NOW I NEED A CHANCE TO DO THAT.
I JUST, I WAS AN ACCIDENTAL FIRE.
I, I DIDN'T EXPECT FOR ALL THIS.
I DON'T KNOW HOW TO BUILD A HOUSE, BUT I DO HAVE THE MONEY TO BEGIN THE STAGES.
SO IF WE CAN STAGE THIS OUT WHERE YOU DON'T HAVE THESE HIGH EXPECTATIONS OF ME IN THE NEXT 30 DAYS, 90 DAYS IS A GOOD TIMEFRAME TO GET A LOT DONE.
THAT'S WHY I'M ASKING FOR A LIST.
IF THAT'S REASONABLE THAT YOU GUYS CAN SAY, THIS IS WHAT, BASED ON OUR EXPERIENCE, WHAT SHOULD BE DONE IN YOUR AREA WITH THE HOUSE.
AND THEN IT'LL GIVE ME TIME TO WORK IT.
AND I CAN ONLY COME BACK AND TELL YOU, LOOK, THIS IS WHAT I'VE DONE.
I UNDERSTAND HE WANTS ONE OF THE MEMBERS WANTS ME TO HAVE A PLAN, BUT I CAN START THAT TOMORROW.
IT'S BEEN VERY OVERWHELMING FOR US.
SO YOU'LL START THE PLAN TOMORROW.
WELL, SOME OF THE THINGS YOU ARE ASKING US IS BEYOND THE SCOPE OF OUR, UM, YOU KNOW, OUR ROLES HERE.
SO YOU WOULD PROBABLY HAVE A GENERAL CONTRACTOR TELLING YOU WHAT NEEDS TO BE DONE, RIGHT? AND THEN YOU CAN, OF COURSE, MAKE SURE THAT YOUR RELATIONSHIP IS PRETTY GOOD WITH THE CODE INSPECTORS AS WELL IN TERMS OF BEING COOPERATIVE WITH THEM.
I KNOW IT'S BEEN CHALLENGING, BUT THANK YOU FOR BEING YES.
I JUST FEEL LIKE SOME OF THAT IS THEIR JOB.
IF I'M GOING TO PAY THEM, THERE'S A LOT THAT THEY CAN DO AND NEED TO DO.
IT'S NOT EXACTLY ALL I CAN DO IS, UH, GET IT DONE.
SHE CAN GIVE ME A LIST OF WHAT YOU WANT DONE.
UNLESS THERE ARE ANY OBJECTIONS I WOULD LIKE TO CLOSE THE PUBLIC HEARING COMMISSIONER.
IF WE HAVE ANY FURTHER QUESTIONS, WE WILL REOPEN THE PUBLIC HEARING TO ASK YOU, UM, AND WE WILL NOW DISCUSS IT AND HOPEFULLY COME TO A DECISION.
MA'AM THANK YOU FOR HEARING ME OUT.
SO, UH, AS I UNDERSTAND IT, WE DO HAVE OPTIONS.
UM, ONE OPTION OF COURSE, WOULD BE TO ISSUE AN ORDER WITH A 90 DAY REPAIR TIMEFRAME.
WE COULD ASK THAT THE PROPERTY OWNER COMES BACK AT 90 DAYS AND WE CAN CONSIDER MODIFYING OUR ORDER.
AT THAT TIME, ANOTHER OPTION WOULD BE TO CONTINUE THE CASE, WHICH IS JUST KICKING THE CAN DOWN THE ROAD, BUT PROBABLY NOT GREATLY DIFFERENT FROM ISSUING A 90 DAY ORDER AND ASKING THEM TO COME BACK.
UM, OR IF THERE IS ANYTHING ELSE THAT THE COMMISSION WOULD LIKE TO CONSIDER, PLEASE, PLEASE PUT IT OUT THERE IN A MOTION OR LET'S DISCUSS IT.
COULD WE PUT THIS OFF FOR 60 DAYS TO CONTINUE THE CASE FOR 60 DAYS? YEAH, BECAUSE, UH, THEY'VE GOT, I MEAN, MY, MY READING OF THIS IS THEY HAVE A CHECK.
THEY NEED SOME TIME TO PUT TOGETHER A PLAN.
UM, AND I, I, I NEGLECTED TO ASK KIND OF LIKE THE TECH WAS BORN, IF IT WOULD COVER, UM, ALL OF THE IDENTIFIED, UH, UH, DEFICIENCIES, THAT CODE POUNDS.
AND THEN I ALSO THINK THERE'S A MISUNDERSTANDING THAT, UH, UH, CODE DOESN'T PROVIDE A CHECKLIST OF WHAT WE NEED TO DO.
THEY PROVIDE THE DEFICIENCIES AND, UM, IT'S THREE OWNER'S RESPONSIBILITY TO ADDRESS THOSE DEFICIENCIES.
THEY SEE FIT TO BE CODE REQUIREMENT.
SO I THINK, UH, I THINK THERE A LOT OF THOUGHT AND PLANNING NEEDS TO GO ON TO HAVE A RECTIFIED THE SITUATION.
AND I'D LIKE TO, IN MY MIND, I THINK IT WOULD BE GOOD TO PROVIDE THE, THE OWNER AN OPPORTUNITY TO COME UP WITH THAT PLAN.
IT'S BEEN A TOUGH YEAR AND A HALF OR SO, UH, BUT, UH, REALLY GOOD TO HAVE A TIMELINE THAT SAYS YOU GOT TO GET BACK TO US.
SO 60 DAYS WOULD ACTUALLY PUT US INTO THE FEBRUARY MEETING, WHICH WOULD IN EFFECT BE MORE THAN 60 DAYS, WHICH WOULD ALSO PROBABLY BE FAIRLY BENEFICIAL.
JUST WANTED TO MAKE SURE THAT'S WHAT YOUR INTENT WAS TO GO TO THE FEBRUARY BSC MEETING.
I MEAN, I, I, I THINK I AGREE WITH EVERYTHING COMMISSIONER GREEN HAS SAID.
I, UM, I THINK THAT SOUNDS LIKE A REASONABLE TIMEFRAME TO FEBRUARY.
UM, I HOPE THAT THE PROPERTY OWNER, UH, UNDERSTANDS THAT IT'S NEITHER WHAT MR. GREEN JUST SAID, IT'S NEITHER THE CODE DEPARTMENT OR ANY OTHER CITY DEPARTMENT NEURON OUR JOB AS A COMMISSION TO EXPLAIN WHAT, HOW THE REPAIRS ARE TO BE DONE OR, UH, AND I HOPE THEY WOULD, UH, THAT IF WE DO DECIDE TO GIVE THEM AN EXTENSION
[02:00:01]
WE'LL, WE'LL, UM, PROCURE THE SERVICES OF A, OF A, OF A KNOWLEDGEABLE PROFESSIONAL TO HELP THEM, BECAUSE I'M JUST MY PERSONAL OPINION.I THINK YOU WOULD BENEFIT GREATLY FROM, FROM HAVING, UH, A CONTRACTOR GUIDE YOU THROUGH THIS, UM, OR ELSE WE WILL BE HERE IN 60 DAYS OR 90 DAYS OR WHATEVER, IF WE GIVE YOU AN EXTENSION AND, UM, WE'LL BE IN THE SAME SITUATION, UH, WE ARE NOW, EXCEPT THAT THINGS WILL HAVE GOTTEN MORE EXPENSIVE AND YOUR CHECK WILL COVER EVEN LESS THAN IT DOES TODAY.
SO PLEASE, IF WE DO DECIDE TO GIVE YOU AN EXTENSION USE THIS TIME WISELY, COMMISSIONER MUELLER, DID YOU HAVE A QUESTION? OH, YES.
WE JUST TO BE CLEAR, WE CAN'T GIVE AN EXTENSION TODAY.
WE GAVE 90 DAYS AND THEY NEEDED MORE.
THEY WOULD HAVE TO COME BACK WITH THOSE DOCUMENTS IN ORDER FOR US TO GIVE MORE THAN 90 DAYS.
SORRY, THIS, THIS WOULD BE A CONTINUATION OF THE CASE.
SO BASICALLY WE, WE WOULDN'T DECIDE ANYTHING OTHER THAN TO KEEP THIS CASE OPEN UNTIL THE FEBRUARY MEETING.
AND AT THAT TIME WE WOULD HAVE TO SAY, WE'RE CONTINUING THE CASE BECAUSE WE WANT THE OWNER TO COME BACK WITH, YOU KNOW, THIS, THIS, THIS, AND THIS, AND WE'LL NEED TO COME UP WITH THAT LIST THIS EVENING.
IF WE DECIDE THAT'S WHAT WE WANT TO DO.
DID YOU HAVE SOMETHING? YEAH, IT DID.
I DO HAVE A COUPLE OF A COUPLE OF THINGS.
UM, I GUESS I'LL BEGIN BY SAYING, I WANT TO ECHO THE SENTIMENTS OF, OF COMMISSIONERS GREEN AFFAIR, UH, IN, IN TERMS OF, YOU KNOW, OUR, OUR ROLE AS A, UH, AS A, AS A, AS A BOARD OR COMMISSION IS NOT TO COMPOUND TRAGEDY WITH TRAGEDY OR NOT.
IT'S NOT TO MAKE THINGS MORE DIFFICULT.
SO I DON'T LIKE TO COME ACROSS AS THOUGH, YOU KNOW, WE'RE BROW BEATING THE PROPERTY OWNER.
WHO'S ALREADY HAD SOME VERY SERIOUS DIFFICULTIES THAT, THAT THEY'RE DEALING WITH IN THIS CASE.
YOU KNOW, I DON'T WANT IT TO SOUND LIKE I'M LIKE ADMONISHING.
I, I THINK IT IS THE CASE THAT WE CANNOT PROVIDE A CHECKLIST, YOU KNOW, TO DO LIST, UH, OF HOW, OF HOW TO GO ABOUT ACCOMPLISHING WHAT IS NECESSARY TO BRING THIS PROPERTY AND THE COMPLIANCE, BUT WE CAN COME PRETTY CLOSE.
YOU KNOW, IF WE WERE TO ISSUE AN ORDER THAT HAD EXPRESS LANGUAGE INVOKING, FOR EXAMPLE, THE ITEMS ENUMERATED IN RULE 4 0 6, YOU KNOW, AND ENGINEERS OR ARCHITECTS, STEEL DRAWINGS OF FORMAL BREAKDOWN OF COSTS, A LETTER FROM A FINANCIAL INSTITUTION, ET CETERA, WOULD YOU TURN THAT INTO EMOTION? OKAY.
UM, BEFORE, BEFORE I GO THERE, I KNOW THAT THERE'S THE, THE CLOCK IS TICKING HERE.
SO I'M NOT TRYING TO USE TIME.
I DO HAVE ONE OBSERVATION, WHICH IS THAT ORDINARILY IF AN ORDER THAT WE GIVE IS GOING TO BE RESISTED OR CONTESTED SOMEHOW ON THE GROUND, THAT WE'VE SOMEHOW EXCEEDED THE SCOPE OF OUR AUTHORITY, THAT'S GOING TO HAPPEN WHEN THE PROPERTY OWNER, UH, APPEALS OUR DECISION IN THE DISTRICT COURT.
UH, I THINK THAT IF WE WERE TO ISSUE AN ORDER THAT WAS ARGUABLY IN VIOLATION OF RULE 4 0 6 AND SO FAR, HAS IT EXCEEDED THE 90 DAY TIMEFRAME WITHOUT FIRST DOING THE NECESSARY DOCUMENTS? IT SEEMS UNLIKELY THAT ANYBODY WOULD APPEAL THAT.
SO I, YOU KNOW, I DON'T WANT TO BE SORT OF, UH, YOU KNOW, FRACTIOUS IN, IN, IN SUGGESTING THAT, BUT IT'S JUST, JUST AN OBSERVATION IS WHAT'S GOING TO HAPPEN.
WHO'S GOING TO COMPLAIN IF, IF WE, IF WE DO THAT, UM, NO, I DON'T, I DON'T WANT TO MAKE IT A MOTION YET, BUT I WANT TO PUT THAT OUT THERE.
I, I, AGAIN, I DON'T WANT TO COME ACROSS AS MONITORING THE PROPERTY OWNER, BUT THIS IS THE SORT OF THING WHERE IF WE MAKE THE ORDER VERY CLEAR, SO YOU NEED TO DO THESE THINGS, YOU NEED TO HAVE THESE THINGS.
AND THEN PLEASE, PLEASE, PLEASE LOCATE THE GENERAL CONTRACTOR WHO PROVIDE THAT PERSON WITH THE LIST OF DEFICIENCIES THAT REQUIRED REPAIR, AND THEN COME BACK WITH THE ESTIMATE THAT, THAT AM IN BOTH TIME AND COST, THAT THAT CONTRACTOR IS PROJECTING TO ACCOMPLISH THE WORK, UH, THAT, THAT, UH, THAT YOU'RE GOING TO FARE BETTER.
THE NEXT TIME WE SEE YOU, WHETHER THAT BE, UH, FOLLOWING A CONTINUANCE OR, OR AN EXTENSION, OR WHAT HAVE YOU.
UM, I, I'M GOING TO LEAVE IT THERE FOR THE MOMENT.
I'M NOT READY TO MOVE YET, BUT THAT'S OKAY.
THIS IS ROBERT MOORE, UH, DIVISION MANAGER, AUSTIN CODE DEPARTMENT.
UH, ANOTHER WAY TO LOOK AT THIS IS, YOU KNOW, THIS IS A RESIDENTIAL PROPERTY, SO AUTOMATICALLY THEY ARE, UM, THEY'LL GET A PENALTY OFFSET, UM, CONSIDERATION BEFORE IT WOULD EVEN EVER HAVE TO COME BACK HERE IF THERE WAS AN ORDER ISSUED.
[02:05:01]
SO ANOTHER WAY TO LOOK AT IT IS, YOU KNOW, TO SET THE PENALTY AMOUNT, UH, TO WHAT YOU, YOU KNOW, AS FAR AS THE TIMEFRAME, YOU WOULD THINK IT WOULD TAKE THEM OR WOULD WANT THEM TO ACTUALLY REPAIR THIS.UH, SO JUST FOR MATH SAKES, LET'S SAY YOU WANT THEM TO ACCOMPLISH THIS IN A YEAR AND LET'S SAY, UH, IT'S GOING TO TAKE $12,000 TO MAKE THE REPAIRS.
WELL, THEN, YOU KNOW, YOU COULD SET IT AT A THOUSAND A MONTH AND THEN IF IT DOES TAKE UP UNTIL THAT YEAR, THEY COME, UM, THEY WOULD COME THROUGH US AND WE WOULD JUST PENALTY OFFSET IT AS A DEFAULT.
AND I HAD TOTALLY FORGOTTEN ABOUT THAT.
AND I'LL TRY AND EXPLAIN IT TO THE REST OF THE COMMISSION, IF YOU DON'T UNDERSTAND WHAT THAT IS.
UM, SO FOR A RESIDENTIAL PROPERTY, WHEN PENALTIES HAVE BEEN ASSESSED ANY REPAIRS, IF YOU CAN DOCUMENT THAT YOU HAVE PUT THIS AMOUNT OF MONEY INTO THE REPAIRS FOR YOUR HOME, THEN THOSE PENALTIES ARE AUTOMATICALLY OFFSET.
SO IF YOU'VE PUT $25,000 INTO YOUR HOME AND YOU HAD FINES OF $5,000, THAT'S FORGIVEN AND A DIRECTOR MORE, IF YOU COULD CLARIFY, IS THAT AN ADMINISTRATIVE THING OR WOULD THAT HAVE TO COME BACK TO THE BSC? TO OUR COMMISSION? OKAY.
ROBERT MOORE, AUSTIN CODE DIVISION MANAGER.
UH, IT WOULD BE ADMINISTRATIVE IT WOULDN'T COME BACK TO THE BSC.
DOES, DOES THE COMMISSION UNDERSTAND WHAT THAT OPTION IS? YEAH, THAT'S A, THAT'S A, I FORGOT ABOUT THAT.
AND THAT IS AN EXCELLENT OPTION TO CONSIDER.
UH, I DON'T THINK I EVER ADMITTED THE PROPERTY OWNER'S EXHIBIT, SO I WILL GO AHEAD AND ADMIT THAT NOW PROPERTY OWNERS, EXHIBIT NUMBER ONE, WHICH WAS PASSED AROUND HERE, WHICH SHOWED THE DOCUMENTATION FOR THE INSURANCE CHECK THAT HAS BEEN ADMITTED.
UH, ANOTHER THOUGHT THAT I HAD, I KNOW EVERY INSURANCE COMPANY IS SLIGHTLY DIFFERENT, BUT I THINK ONCE YOU HAVE A GENERAL CONTRACTOR ON BOARD AND ACTUALLY GET THEIR CONSTRUCTION BID, YOU MAY BE ABLE TO GO BACK TO YOUR INSURANCE ADJUSTER AND SAY, HEY, THIS ISN'T, YOU KNOW, THESE TWO DO NOT MATCH UP.
THIS IS THE COST OF LUMBER NOW.
SO TALK TO YOUR CONTRACTOR, TALK TO YOUR INSURANCE ADJUSTER.
UM, I DON'T KNOW, YOU KNOW, WHAT MIGHT HAPPEN THERE, BUT IT'S A POSSIBILITY.
SO WOULD ANYONE LIKE TO CONSIDER MOTION? UH, I'LL TAKE A STABS JUST CAUSE I'M GOING CRAZY HERE.
UM, CAN WE, UM, I'M NOT SURE IF THIS IS A MOTION, IF WE DECIDE TO CONTINUE THE CASE, BUT TELL THEM WHAT THEY WANT TO COME BACK WITH IS, IS THAT EMOTION IS EMOTION.
SO I MOVED THAT WE, OH, IS YOUR MICROPHONE ON, OH, CAN YOU HEAR ME NOW? IS IT ON IT SAYS, YES.
SO I MOVED THAT WE CONTINUE THE CASE UNTIL THE FEBRUARY MEETING AND ASK THE, UM, OWNERS TO COME BACK WITH, UM, UM, A PLAN WHICH WOULD INCLUDE CONSTRUCTION BIDS AND A TIMELINE FOR COMPLETING THE WORK TO REMEDY THE DEFICIENCIES IN THE VIOLATIONS THAT ARE SECOND NOW.
WE HAD A COUPLE OF SECONDS TO SEE YOU AGAIN, COMMISSIONER STOW, STEAD, UH, ANY FURTHER DISCUSSION.
I WONDER IF WE COULD MAYBE AMEND THAT TO SAY, YOU KNOW, THEY COME BACK WITH THE PLAN TO ACTUALLY THAT'D BE REPLACED BY THE LIST OF THOSE ITEMS THAT WERE, THAT WERE REQUIRED AS A PREREQUISITE.
CAUSE I BELIEVE THERE WAS SEVERAL ITEMS THERE SO THAT WE CAN BE SPECIFIC TO THE PROPERTY OWNER IN TERMS OF THESE ARE EXACTLY THE THINGS WE NEED TO SEE.
IT CAN MENTION HER STOVES DAD.
COULD WE JUST, COULD WE JUST ASK THAT THE, THAT THE, THE ORDER CONTINUING THE MATTER IT'D BE DRAFTED BY LEGAL TO INCLUDE THOSE POOR ITEMS THAT APPEAR IN RULE 4 0 6 OR DOES IT CONTINUE? IT'S NOT ORDINARILY GENERATE AN ORDER THAT'S FURNISHED.
I'M TRYING TO ADDRESS MR. FERRARA'S CONCERN.
UM, THERE'S NORMALLY NOT A WRITTEN ORDER FOR A CONTINUATION, UM, BUT WE CAN DEFINITELY AMEND THE MOTION TO INCLUDE THAT.
AND, UM, WE CAN MAKE SURE THAT STAFF INCLUDES THAT LIST FOR THE PROPERTY OWNER SO THAT THEY
[02:10:01]
KNOW WHAT TO RETURN WITH.DOES THAT SOUND GOOD TO YOU? YES.
AND I'M NOT SURE WHO WAS NOTED FOR SECONDING SEELIG COMMISSION.
UM, CHAIR, CAN WE HAVE THE MOTION FULLY RESTATED? I CAN TRY.
SO THE MOTION IS TO CONTINUE THE CASE UNTIL THE FEBRUARY BUILDING AND STANDARDS COMMISSION MEETING.
AND I DON'T HAVE THAT DATE IN FRONT OF ME.
IT WOULD BE THE REGULAR MEETING IN FEBRUARY.
AND AS PART OF THAT CONTINUATION, WE ASK THAT THE PROPERTY OWNER WOULD BRING THE ITEMS AS REQUESTED PER CITY CODE 4 0 6.
I'M NOT SURE WHAT YOU WERE QUOTING THERE.
UM, IT'S THE COMMISSION'S RULES AND REGULATIONS.
SO THEY WOULD BRING THE, UM, AN ENGINEER OR ARCHITECTS STEEL DRAWINGS OR A CONTRACTOR'S ESTIMATE REQUIRED WORK TO BE ACCOMPLISHED FORMAL BREAKDOWN OF COSTS, INCLUDING SUPPLIES AND LABOR, A LETTER FROM A FINANCIAL INSTITUTION APPROVING THE REQUIRED FUNDS OR OTHER PROOF OF FUNDING SOURCE AND AN ESTABLISHED TIMEFRAME BY WHICH ALL WORK WILL BE ACCOMPLISHED.
THOSE WERE THE FOUR ITEMS REFERENCED.
UM, I'M GOING TO GO AHEAD AND CALL THIS QUESTION, UH, ALL IN FAVOR, PLEASE SAY AYE.
SO THAT'S SIX, SEVEN, ALL OPPOSED.
SO WE WILL SEE YOU AT THE FEBRUARY MEETING.
AND UH, IF YOU HAVE QUESTIONS ABOUT THE FOUR ITEMS THAT WE WOULD LIKE TO SEE AT THAT MEETING, UM, PLEASE GET WITH, WITH CITY STAFF, WE WILL ASK FOR A LIST OF THOSE QUESTIONS TO GO OUT.
UM, I GUESS, COORDINATE A RALLY.
IS THAT SOMETHING WE CAN SEND TO THEM? OR HOW DO WE GET THEM THAT INFORMATION IN WRITING? WE CAN SEND IT.
AND THANK YOU FOR COMING TO TALK WITH US THIS EVENING.
SO MS. ALI, WHEN YOU ARE READY, WE WILL TAKE UP ITEM NUMBER FIVE.
WE'RE GOING TO GO ON TO ITEM NUMBER SIX, I GUESS ACTUALLY I'M SORRY.
ITEM FIVE, BUT I'D THINK YOUR MICROPHONE IS NOT ON, SORRY.
[5. Case Number: CL 2021-191701]
FIVE ON THE AGENDA IS CASE NUMBER CL 20 21 1 9 1 7 0 1.AND IT IS REGARDING THE PROPERTY LOCATED AT 3 0 6 CEDAR BROOK COURT STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING A VACANT AND FIRE DAMAGED SINGLE FAMILY, RESIDENTIAL STRUCTURE WITH DANGEROUS CONDITIONS THAT REQUIRE DEMOLITION LET'S REVIEW SOME FACTS.
THIS CASE WAS OPENED IN AUGUST, 2020 AS A RESULT OF A COMPLAINT REGARDING AN ACCUMULATION OF RUBBISH REGARD RIDGE THROUGHOUT THE PROPERTY.
AND IN THE RIGHT OF WAY, THIS CASE IS ABOUT A DILAPIDATED SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS CURRENTLY VACANT IN JUNE, 2021.
THE STRUCTURE SUFFERED SIGNIFICANT FIRE DAMAGE.
AS A RESULT OF THE FIRE, THE STRUCTURE IS NO LONGER HABITABLE AND THE PROPERTY HAS BEEN FENCED IN PLACARDED DANGEROUS CONDITIONS, CREATE AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THERE IS NO RECORD OF A PERMIT APPLICATION IN OUR DATABASE TO, TO DATE FOR DEMOLITION AND YOUR READERS IN GOOGLE DRIVE FOLDER, 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 THE OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AS WELL AS A FIRE INCIDENT REPORT.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO K AND CODES RECOMMENDED ORDER AUSTIN CODE OFFICER GARY ZOOM.
WALT IS CURRENTLY ASSIGNED TO THIS CASE.
OFFICER CODES, AUSTIN CODE SUPERVISOR DAVID DOWNING IS HERE TONIGHT IN HIS PLACE AND WILL PRESENT THE PHOTOGRAPHS MARKED TWO EIGHT THROUGH TWO K AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED SUPERVISORS DOWNING, PLEASE BEGIN YOUR TESTIMONY.
THANK YOU COMMISSIONERS FOR HEARING OUR CASE.
UM, I'M SUPERVISOR DAVID DOWNING FROM NORTH AUSTIN AND AUSTIN CODE DEPARTMENT.
THE PROPERTY AT 306 CEDARBROOK COURT HAS HAD A SERIES OF REGRETTABLE INCIDENTS.
OUR VIOLATION CASE BEGAN IN AUGUST OF 2020 INSPECTOR SENT A NOTICE OF VIOLATION TO THE OWNER FOR RUBBISH, UM, IN VIOLATION OF ORDINANCE 10, 5 21.
[02:15:02]
AND, UM, OUR CASE CASES CONTINUED THROUGHOUT A SUCCESSFUL ADMINISTRATIVE HEARING IN FAVOR OF OUR PRESENTATION AGAINST THE OWNER FOR TEN FIVE TWENTY ONE VIOLATIONS AND CONDITIONS AT THE PROPERTY PERSISTED UNTIL A STRUCTURE FIRE OCCURRED IN JUNE OF 2021.AND THE PHOTOS HERE WILL EXHIBIT SOME OF OUR FINDINGS AT THE PROPERTY.
SO THIS OUR INITIAL RESPONSE TO THE PROPERTY, THIS IS ABOUT THE DATE THAT THE NOTICE OF VIOLATION FIRST WENT TO THE OWNER.
UM A PERSON HAD TAKEN CONTROL OF THE PROPERTY ESSENTIALLY AGAINST THE FAMILY'S WISHES.
UM, AND THEY HELD CONTROL OF THE PROPERTY THROUGHOUT OUR EXPERIENCE INVESTIGATING IT.
UM, SO THIS IS AGAIN THIS 10, SEVEN OF 19 20 20 GO TO THE NEXT PICTURE.
THIS IS THE STREET VIEW, AND I DON'T WANT THIS HISTORY TO SORT OF ILLUSTRATE THE BURDEN THAT THE NEIGHBORHOOD HAS BEEN UNDER THROUGHOUT THIS TIMEFRAME.
SO THROUGHOUT THAT TIME GAP, ESSENTIALLY WHAT YOU'RE SEEING HERE IS JUST PERSISTED THROUGHOUT THAT TIMEFRAME.
UM, WE DID HAVE MEETINGS WITH AUSTIN POLICE DEPARTMENT.
UM, WE'VE MET WITH THE NEIGHBORS IN THE AREA DURING THIS TIMEFRAME.
WE'D HAD THE ADMINISTRATIVE HEARING THAT HAD, UM, THE OWNERS WOULD PROBABLY DESCRIBE, THERE WAS AN INTERACTION WITH JP TO TRAVIS COUNTY COURT WAS ABLE TO, UM, PLACE AN EVICTION ORDER ON THE PERSON THAT WAS CONTROLLING THE PROPERTY AND CAUSING THESE TRUMP PROBLEMS. UM, BUT ON THAT EVICTION DATE SAID ABOUT THIS TIME LAST YEAR, DECEMBER 4TH, 2020, THERE WAS A DECISION TO LEAVE THE PERSON ONSITE.
EVENTUALLY THE, UM, THERE WAS A FIRE AT THE PROPERTY HAS ESSENTIALLY DESTROYED THE ENTIRE PROPERTY.
UM, THE MORNING AFTER THE FIRE AFD IS STILL ONSITE.
UM, AND THIS WAS ON CEDAR BROOK COURT TO THE LEFT OF THE FRAME IS THE VACANT LOT NEXT DOOR.
AND YOU CAN BARELY SEE THE STRUCTURE THROUGH THE TREES AND THEN WE'LL GO CLOSER.
THIS IS THE REAR OF THE STRUCTURE ACTUALLY, UM, IMMEDIATELY ADJACENT TO THE PROPERTY RUNNING BEHIND THE PROPERTY IS A NORTHERN WALNUT CREEK GREENBELT.
IT'S A TRAIL AMENITY THAT PARKS AND RECREATION MAINTAINS.
IT WOULD BE THE EAST SIDE OF LAMAR FROM WALNUT CREEK METROPOLITAN PARK CONTINUATION OF THE SAME FACILITY, BASICALLY.
SO THIS IS THE VIEW FROM THE CITY OWNED PROPERTY THERE, GO TO THE NEXT PICTURE.
THIS BASICALLY AT THE INTERIOR OF THE HOME.
YOU SEE THE ADDRESS THERE AT 3 0 6.
UM, DID YOU SEE THE RUBBISH IS STILL ONSITE, BUT THE HOME HAS BEEN DESTROYED.
THIS IS THE STREET VIEW, UM, AND THE OWNER DID HAVE A CONTRACTOR COME ONSITE.
SO WE'VE MOVED AHEAD TO 8 27 OF 21.
UM, THE OWNERS SECURED A FENCE AND CAUTION TAPE, AND WE EVEN DISCUSSED WHAT A DEMOLITION PERMIT WAS GONNA ACQUIRE WITH TREE PROTECTION.
AND THE CONTRACTOR HAD GONE AHEAD AND PUT TREE PROTECTION AT THE PROPERTY, BUT YOU CAN SEE IT'S ESSENTIALLY TOTAL DESTRUCTION GO TO THE NEXT PICTURE.
UM, THIS CONTAINS THE ADJACENT HOUSE NEXT DOOR, AND IT JUST SHOWS SORT OF THE NEIGHBORHOOD, YOU KNOW, PROXIMITY OF THE HOUSE AT THREE OR FOUR, BE THE RIGHT OF THE FRAME.
AND THEN THERE'S THE FENCING AND TREE PROTECTION AND DAMAGED STRUCTURE AT 3 0 6 TO THE LEFT.
AND THIS IS OUR MOST RECENT VISIT.
WE'VE MOVED AHEAD TO 11, UH, SORRY.
SO THIS IS THE STREET VIEW WHERE THE CORNER OF THAT VACANT LOT, AND THEN THE HOUSE IN THE BACKGROUND AT 3 0 6 AND IMMEDIATELY PANNING TO YOUR LEFT.
YOU'LL SEE THE ENTRANCE TO THE CITY PARK.
I BELIEVE IT'S THE NEXT PICTURE.
YEAH, IT'S THE NORTHERN WALNUT CREEK GREENBELT.
UM, YOU DIDN'T UNDER THE PARK AND AS YOU WENT TO YOUR RIGHT AND PERSPECTIVE OF THIS PICTURE, YOU WOULD GO BEHIND THE PROPERTY AND SEE THE FIRE DAMAGE THAT WE'VE ILLUSTRATED.
AND THEN THE NEXT PICTURE, THIS IS THE FENCE AND THE DANGEROUS PROPERTY PLACARD, YOU KNOW, THE REVISED NOTICE OF VIOLATION AFTER THE FIRE INCLUDED DANGEROUS CONDITIONS.
UM, OUR RECOMMENDATIONS FOR A DEMOLITION PERMIT, UH, SOME PERMIT REQUIREMENT TO EITHER REPAIR OR DEMOLISH THE RESIDENCE AND THE FENCE AND THE PLACARD AND EVERYTHING HAS STAYED IN PLACE UNTIL, YOU KNOW, SINCE THAT DAY,
[02:20:01]
YOU KNOW, AGAIN, THIS IS THE VACANT LOT NEXT DOOR WITH OUR PLACARD AND THAT, THAT SHOWS OUR HISTORY AT THE PROPERTY.AND WE CAN RESPOND TO QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH DANGEROUS CONDITIONS.
STAFF ASK 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 STAFF ALSO REQUESTS THE COMMISSION ADOPT CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN AND RAKED AND SEE REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH AND BE PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
ELAINE, FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THANK YOU COORDINATOR ALLEY.
UM, I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND TWO A THROUGH TWO K AND I BELIEVE WE DO HAVE A COUPLE OF PEOPLE HERE FOR THE PROPERTY.
WE HAVE JESSICA MCGLOTHLIN AND CURTIS CAMPBELL.
AND IF YOU WOULD PLEASE STATE YOUR NAME FOR THE RECORD.
I'M THE DAUGHTER OF THE OWNER.
UM, WE HAD HIRED, UM, A GUY, UM, TO COME PUT THE FENCE UP.
UM, HE WAS GONNA DO THE DEMOLITION ORIGINALLY AND HE STARTED TO TRY TO PROTECT THE TREES WITHOUT GETTING THE PROPER PERMITS AND STUFF.
SO WE FIRED HIM AND WE HIRED KURT CAMPBELL.
AND, UM, I HAVE A BIT HERE FOR Y'ALL.
WE'LL COLLECT THAT FROM YOU IN JUST A MINUTE.
CAN YOU TELL US BRIEFLY WHAT'S IN IT? WELL, WE HIRED HIM, I THINK, OF MID AUGUST AND HE, UM, HAD SOME TROUBLE, I GUESS, GETTING, UM, PERMITS.
AND, UM, WHEN I FOUND OUT ABOUT THIS, UM, UH, IT ENDED UP IN, I HAVE THE EMAILS IN HERE.
I ENDED UP DETERMINING THAT I NEEDED TO HIRE SOMEBODY ELSE.
AND SO I HIRED SOMEBODY ELSE LIKE TWO WEEKS AGO OR LESS THAN TWO WEEKS AGO.
AND I HAVE THE PAPERWORK FOR THAT IN HERE.
AND, AND I'LL JUST ASK THIS QUESTION.
SO YOU, YOU DO INTEND TO DEMOLISH THE STRUCTURE AND YOU HAVE BASICALLY, YOU HAVE NO COMPLAINT ABOUT THE CITY'S ORDER.
OTHER THAN THAT, YOU WOULD PREFER TO DO IT YOURSELF.
OH, UM, WELL, WE'RE WE HIRED, WE JUST HIRED ANOTHER CONTRACTOR TO DO IT FOR US.
OH, YOU HAVE HIRED SOMEONE ALREADY? YEAH, THE PAPERWORK'S IN HERE.
ALSO THE, UM, PARKS AND WILDLIFE AND GOT AHOLD OF THE VESSEL AND THEY WOULD LIKE TO BUY THE PROPERTY.
AND SO CURTIS CAMPBELL IS YOUR CONTRACTOR, IS THAT WHAT YOU WELL, UH, HE WAS THE SECOND CONTRACTOR WE HIRED.
UM, WE WERE ABLE TO DETERMINE THAT THE PERMITS HAVE BEEN FILED.
UM, AND SO, BECAUSE WE WERE RUNNING OUT OF TIME ON THE ORDER AND WHATNOT, UM, THE EXPEDIENCY OF THE SITUATION, UM, WE DECIDED TO, UM, LET HIM GO AND HIRE ANOTHER CONTRACTOR.
BUT CURTIS CAMPBELL IS HERE THIS EVENING.
AND DO YOU HAVE ANYTHING THAT YOU'D LIKE TO ADD OR YOU'RE GOOD.
WE'LL PROBABLY HAVE QUESTIONS.
[02:25:04]
HI, I AM.UM, IF YOU COULD PLEASE STATE YOUR NAME FOR THE RECORD.
PARDON ME? COULD YOU STATE YOUR NAME FOR THE RECORD? I DID ON, UM, SEE IF I CAN FIND MY DATES HERE.
I HAD FILLED OUT THE PERMITS AND HAD THEM NOTARIZED AND EMAILED THEM IN TO THE PERMIT DEPARTMENT ON I'M LOOKING FOR THE DATES HERE, EIGHT 30, 2021.
AND, UM, AND THEN I MET WITH, UH, I WENT DOWNTOWN AND MET WITH THE, UM, PERMIT DEPARTMENT AND THEY'VE REVIEWED THE PAPERWORK THAT I HAD AND TOLD ME THAT I NEEDED TO GET THE GENERAL WARRANTY DEED.
SO I GOT THAT FROM THE CITY CLERK AND EMAILED THAT.
AND, BUT THERE'S NO RECORD OF THAT.
SO THAT WAS KIND OF THE, WHEN I WAS TOLD IT WOULD TAKE UP, YOU COULD TAKE UP TO THREE MONTHS FOR THE PERMIT.
SO THERE WAS A, SO I DIDN'T, I WAS JUST WAITING, YOU KNOW? AND SO THEN THAT'S WHEN THE CODE VIOLATIONS CAME IN.
IN FACT, I CALLED THE, HAD CALLED THE CODE DEPARTMENT AND TALKED TO THEM ABOUT IT.
I WENT OUT TO THE PROPERTY AND CLEANED UP DEBRIS.
UM, AND THEN THEY, THEN, YOU KNOW, WITH ALL THE PROBLEMS THAT WE WERE HAVING AND NOT ABLE TO PROVE THE, THE, UH, APPLICATION.
SO THEN THE HOMEOWNER JUST WENT, WENT TO ANOTHER COMPANY.
SO THAT'S KIND OF WHAT, SO, SO AS FAR AS, YOU KNOW, THE, THE PAPERWORK HAS BEEN SUBMITTED FOR THE PERMIT, BUT NOTHING HAS BEEN APPROVED BY THE CITY OR DO YOU EXPECT THEY HAD NO RECORD OF IT.
AND I MET WITH THEM, SO I COULDN'T UNDERSTAND.
I THINK, UH, MS. MCGLOTHIN, IF I COULD JUST ASK YOU SOMETHING BRIEFLY, SO YOU'VE HIRED ANOTHER CONTRACTOR.
DO YOU HAVE AN ESTIMATED TIMEFRAME OF WHEN PERMITTING COULD HAPPEN AND WHEN THE ACTUAL DEMOLITION COULD HAPPEN? YES.
IT'S IN THE FOLDER, THE TIMEFRAME AND THE COSTS AND EVERYTHING IS IN THE FOLDER.
WE WILL, UH, TAKE A LOOK AT THAT.
IF YOU HAPPEN TO KNOW IT OFF THE TOP OF YOUR HEAD, THAT WOULD BE HELPFUL TOO.
CAUSE IT WILL TAKE AWHILE FOR EACH OF US TO LOOK AT THIS.
I'M SORRY, WHAT WAS THAT? DO YOU KNOW THE TIMEFRAME OFF THE TOP OF THE, OH, UM, SHE WAS SAYING THAT THEY COULD PROBABLY GET IT DONE IN THE NEXT ONE OR TWO WEEKS.
UM, AS SOON AS SHE GOT THE PERMIT, WHICH SHOVED THE THING, SHE WAS FILING THAT TODAY.
AND I'LL GO AHEAD AND ADMIT THIS PROPERTY OWNERS EXHIBIT NUMBER ONE, AND WE'LL TAKE A QUICK LOOK AT IT.
UH, QUESTIONS FROM THE COMMISSION FOR STAFF OR THE PROPERTY OWNER? YEAH, JUST FOR THE PROPERTY OWNERS REPRESENTATIVE.
AND THIS IS JUST FOLLOWING UP ON YOUR QUESTION FOR HER, BUT, UM, I DON'T, I MEAN, I THINK I UNDERSTAND WHAT YOUR REQUEST IS, BUT YOU HAVEN'T ACTUALLY MADE A REQUEST OF US.
YOU KIND OF EXPLAINED YOUR SITUATION.
UM, I THINK YOU, YOU WANT TO ASK US TO GIVE YOU TIME TO DO THE DEMOLITION YOURSELF AS OPPOSED TO THE CITY DOING IT, BUT I HAVEN'T ACTUALLY HEARD YOU SAY THAT.
OH YEAH, WE WERE WANTING TO JUST GET IT DONE.
UM, AND WE HAD HIRED SOMEBODY ELSE.
I MEAN, WE CAN LET THEM GO IF WE HAVE TO, BUT NO, NO, I UNDERSTAND THE HISTORY, BUT, BUT IN TERMS OF WHETHER YOU HAVE A REQUEST FOR US TO DO SOMETHING OTHER THAN THE CITY ORDER, I HAVEN'T ACTUALLY THOUGHT WHAT THAT REQUEST IS.
WHAT ARE MY OPTIONS OF WHAT I CAN REQUEST? CAN I REQUEST MORE TIME OR I THOUGHT YOU SAID BEFORE THAT YOU THOUGHT YOU COULD GET IT DONE WITHIN THE TIMEFRAME, THE ORDER SAYS 45 DAYS, IS THAT CORRECT? OH, UH, I'M NOT SURE WHAT THE ORDER SAYS.
I JUST KNOW THAT, UM, SO IT WAS 45 STEPS RECOMMENDED ORDER, NOT AN ORDER YET.
I DON'T KNOW WHAT THE TIMEFRAME IS AS FAR AS WHERE WE'RE AT RIGHT NOW.
I JUST KNOW THAT, UM, WHAT I'VE DONE TO TRY TO HELP MY MOM, UM, TO GET THIS DONE.
UM, UH, THE GIRL I HIRED ALL THE SECRETARY FOR THE COMPANY I HIRED, UM, SAID SHE COULD HAVE IT DONE, YOU KNOW, AND A WEEK OR TWO IT'S IN THE FOLDER.
I GUESS WHAT I'M ASKING FOR IS, UM, FOR A FEW MORE WEEKS.
IT SOUNDS LIKE THE, THE ABILITY TO DO THE DEMOLITION, BUT W BY YOUR CONTRACTOR, AS OPPOSED TO GOING TO THE CITY, IT SOUNDS LIKE THAT'S YOUR, THAT'S YOUR ASK.
AND YES, COMMISSIONER THOMPSON.
DOES ANYBODY KNOW HOW LONG IT TAKES TO GET A PERMIT FOR DEMOLITION NOW? I'M SORRY.
[02:30:01]
OF THE 60 ITEMS THAT CAN BE PULLED ON THIS ISSUE.I KNOW THAT THERE IS, THERE ARE SOME DOCUMENTS THAT NEED TO BE IN PLACE BEFORE YOU CAN PULL IT.
AND IT SOUNDS LIKE, UH, CURTIS CAMPBELL ACTUALLY TRACKED DOWN AT LEAST ONE OF THOSE, THE DEED WARRANTY.
SO HOPEFULLY ALL THE DOCUMENTATION IS THERE AND READY TO GO.
AND IT SOUNDS LIKE IF YOU HAVE A DEMOLITION CONTRACTOR THAT YOU'RE SPEAKING WITH THE HOPEFULLY WITH NO.
AND WE, UM, THE ONLY REASON WHY WE LET HIM GO WAS BECAUSE THE, UH, CODE PEOPLE TOLD US THAT THERE HAD NOT BEEN ANY PAPERWORK FILED.
AND I DID ASK, UM, AND IT'S IN THE FOLDER.
UM, I EMAILED ASKING, WELL, WHO COULD I CALL TO FIND OUT MORE OF IT? I DIDN'T GET A RESPONSE ON THAT.
AND THAT I UNDERSTAND, UM, IN GENERAL, I DON'T KNOW THE CURRENT TIMEFRAME FOR THE CITY, BUT EVEN IF WE WERE TO GO AHEAD AND ORDER A CITY DEMOLITION, IT GENERALLY TAKES SEVERAL MONTHS BEFORE THE CITY COULD EVEN GET OUT OF.
THEN I'M CONFUSED ABOUT, UM, WHY WE'RE BEING VIOLATED FOR NOT FINISHING SOMETHING THAT THE, THE HOLDUP WAS WE'RE WAITING ON THE CITY.
I CANNOT ANSWER THAT QUESTION.
OTHER THAN I, I UNDERSTAND YOUR FRUSTRATION THERE AS WELL.
UM, MY POINT IN SAYING THAT IS JUST EVEN IF THE, EVEN IF THE COMMISSION DECIDES TO PUT A DEMOLITION ORDER TO ORDER THAT THIS EVENING, YOU WOULD HAVE PLENTY OF TIME TO DO IT YOURSELF.
AND AS SOON AS, AS SOON AS THE STRUCTURE IS DEMOLISHED, THERE ARE NO VIOLATIONS AFTER THAT POINT.
WE, WE JUST BEEN TRYING TO GET THE PERMIT.
ARE THERE OTHER QUESTIONS FROM THE COMMISSION? YEAH.
THE VERY FIRST PERSON THAT YOU HAD STARTED WITH THAT WAS BACK IN AUGUST, IS THAT RIGHT? WELL, WE, WE DIDN'T GET, UM, WORD BACK THAT THE INVESTIGATION WAS DONE.
UH, FINALLY I CALLED AND, UM, I THINK IT WAS IN JULY.
UM, BUT, UM, THEN THEY GAVE ME PERMISSION TO GO AHEAD AND HIRE SOMEBODY TO DO THE DEMOLITION.
AND DID THAT PERSON ACTUALLY, DO YOU KNOW IF HE ACTUALLY SUBMITTED AN APPLICATION FOR A PERMIT? THE FIRST ONE? YEAH.
UM, UNLESS THERE'S OBJECTION FROM THE COMMISSION, I'D LIKE TO GO AHEAD AND CLOSE THE PUBLIC HEARING.
AND IF WE HAVE ANY FURTHER QUESTIONS WHILE WE'RE YOU OPEN IT.
UM, I'D LIKE TO MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION.
IS THERE A FURTHER, THANK YOU.
IS THERE FURTHER DISCUSSION OR SHALL WE, SHALL I CALL THE QUESTION? YES.
I DIDN'T, I'M GOING TO ASK A QUESTION BECAUSE I DON'T KNOW THE ANSWER.
UH, I WOULDN'T SUSPECT THAT BY DOING THAT, IT MIGHT VERY WELL SLOW DOWN THE PROCESS FOR THE HOMEOWNER, OR HE COULD SPEED IT UP.
I DON'T KNOW THE DIVISION MANAGER MORE.
PERHAPS YOU COULD SPEAK TO US ON THAT TOPIC IF YOU'RE STILL WITH US.
WHAT IS THE QUESTION? UH, SO THE CONCERN IS IF WE ARE TO GO AHEAD AND ORDER A DEMOLITION, WOULD THIS POSSIBLY COMPLICATE THE DEMO PERMITTING PROCESS OR ANY OTHER PART OF THE HOMEOWNER DOING THE DEMOLITION HERSELF OR HER CONTRACTOR? NO, NOT AT ALL.
W UH, Y'ALL WOULD, IF YOU WERE TO ISSUE AN ORDER AGAIN, YOU COULD, HOWEVER MUCH TIME YOU'RE GOING TO GIVE THE OWNER.
YOU COULD AT LEAST TACK ON THREE TO SIX MONTHS FOR US TO START TO ACCOMPLISH THAT.
AND, UH, WE WOULD MONITOR THE PROPERTY AND IF IT WAS UNDERWAY AND PROGRESS WAS BEING SHOWN, WE WOULDN'T INTERVENE.
DID THAT ANSWER YOUR QUESTION? COMMISSIONER THOMPSON? YES.
I HOPE IT ANSWERED IT FOR THE HOMEOWNER.
IT IS ACTUALLY, THE STAFF'S PROPOSED ORDER IS TO DEMOLISH
[02:35:01]
THE STRUCTURE.IT'S THE ORDER IS TELLING THE OWNER TO OBTAIN THE PERMITS AND DO THAT.
AND THEN IF THEY DON'T DO IT BY X DATE, THEN FRIGHTENED.
THANK YOU FOR THE CLARIFICATION.
SO THEY SENT AN ADDITIONAL 45 DAYS.
SO WE HAVE A MOTION THAT HAS BEEN SECONDED.
I'M GOING TO CALL THE QUESTION ALL IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER SAY AYE.
SO, UM, WE DID ISSUE THE ORDER FOR DEMOLITION WITHIN 45 DAYS, WHICH IT SOUNDS LIKE YOU'RE YOUR NEW CONTRACTOR PROBABLY CAN MEET THAT.
BUT EVEN IF THEY DON'T, YOU HAVE A LITTLE MORE BREATHING ROOM.
SO THANK YOU FOR COMING TO SPEAK WITH US AND GOOD LUCK.
ALLIE, ARE YOU READY TO MOVE ON TO ITEM NUMBER SIX? YES.
[6. Case Number: CL 2021-191015]
ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS ITEM NUMBER SIX, CASE NUMBER 20 21 1 9 1 0 1 5, WHICH IS REGARDING PROPERTY LOCATED AT 2101 DONAHUE LANE.BACKUP DOCUMENTATION FOR THIS PROPERTY CAN BE FOUND IN THE BROWN BOOK, IN YOUR GOOGLE DRIVE FOLDER AND READERS.
ALSO, THIS PROPERTY IS NOT REPRESENTED TONIGHT.
THE OWNER IS AWARE OF TONIGHT'S HEARING, BUT CHOSE NOT TO ATTEND.
THIS CASE IS ABOUT A FIRE DAMAGE, RESIDENTIAL DUPLEX STRUCTURE, WHICH IS CURRENTLY VACANT, BOARDED INSECURE.
ALTHOUGH THIS PROPERTY WAS POSTED ON THE AGENDA FOR REPAIR, THE CODE DEPARTMENT HAS SINCE MET WITH THE OWNER AND BOTH PARTIES AGREE AND PROPOSED TO THE COMMISSION THAT THIS PROPERTY SHOULD BE DEMOLISHED.
THERE IS A CURRENT THERE'S CURRENTLY A PLAN REVIEW PR 20 21 1 9 4 5 9 4 IN PROGRESS FOR TOTAL DEMOLITION OF THE STRUCTURE, AUSTIN CODE DEPARTMENT ENGAGED THE OWNER PRIOR TO THE HEARING REGARDING THE TERMS, CONDITIONS AND FINDINGS OF THE PROPOSED AGREED ORDER, WHICH BOTH PARTIES HAVE SIGNED IN YOUR READERS AND GOOGLE DRIVE FOLDERS.
YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING, AS WELL AS THE REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
AND LASTLY, THE PROPOSED AGREED ORDER AUSTIN CODE INSPECTOR, JOHN HATLEY IS ASSIGNED TO THIS CASE AND IS AVAILABLE TO DISCUSS THE VIOLATIONS AND ANSWER ANY QUESTIONS YOU MAY HAVE OTHERWISE WITH THE APPROVAL OF THE COMMISSION.
I WILL JUST READ THE PROPOSED AGREED ORDER INTO THE RECORD STAT.
YES, GO AHEAD AND READ THE AGREED ORDER.
THE STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO G STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE IN ORDER THE OWNER COMPLETE THE FOLLOWING ONE REQUIRE THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 60 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEANED AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 61ST DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE, AS IT IS DEBRIS AND DISPOSE OF AS SUCH AND BE PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION LIEN FOR THOSE EXPENSES SHALL BE, MAY BE FILED BY THE CITY OF AUSTIN OR 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.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE AND TWO A THROUGH TWO G AND I'M SORRY, I'M NOT ENTIRELY CLEAR.
DO WE NEED TO HAVE EMOTION AND ACTUALLY VOTE ON THIS? YES.
SO WOULD ANYONE LIKE TO MAKE A MOTION TO ADOPT THE AGREED ORDER? I WILL.
I MAKE A MOTION THAT WE ADOPT, UH, THE AGREED OR, OKAY.
[02:40:01]
I WILL CALL THE QUESTION ALL IN FAVOR OF ADOPTING THE PROPOSED STAFF'S PROPOSED AGREED ORDER SAY AYE.THE ORDER IS PAST AND I'LL, UH, I WILL GIVE THE ORDER TO YOU TO SIGN WHEN I SIGNED, WHEN WE SIGNED THE OTHER ORDERS.
[8. Case Number: OL 2020-168303]
NOW I BELIEVE WE'RE READY TO MOVE ON TO ITEM NUMBER EIGHT.I BELIEVE I NEED TO SWEAR IN ONE PROPERTY REPRESENTATIVE.
IF I COULD DO THAT BEFORE YOU BEGIN.
DO WE HAVE CRAIG FALK HERE? OH, OKAY.
THEN, THEN I DON'T NEED TO DO THAT.
GO AHEAD AND COORDINATE EARLY.
THE LAST CASE I WOULD LIKE TO INTRODUCE TO YOU TONIGHT IS A SHORT-TERM RENTAL APPEAL.
THE CASE NUMBER IS OH, L 20 21 6 8 3 0 3.
IT IS THE PLUM COLORED BOOK IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THE ADDRESS FOR THIS PROPERTY IS 9 0 0 TO LODGE COURT.
THIS APPEAL IS REGARDING AUSTIN CODE DEPARTMENT'S DENIAL OF A TYPE TWO SHORT-TERM RENTAL APPLICATION AND YOUR READERS.
YOU WILL FIND STAFF'S EXHIBITS ONE INTO EXHIBIT ONE CONTAINS AUSTIN CODES, DENIAL LETTER, THE PROPERTY OWNER'S APPEAL LETTER NOTICES FOR TONIGHT'S HEARING, AS WELL AS THE REQUIRED POSTINGS, THE LICENSE APPLICATION AND THE TRAVIS COUNTY APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP EXHIBIT TWO, WHICH CONSISTS OF A CONTEXTUAL PROPERTY PHOTO OF THE PROPERTY SUPPORTING DOCUMENTS PERTAINING TO AUSTIN CODE'S DECISION TO DENY THE APPLICATION.
AND LASTLY, AUSTIN CODES, RECOMMENDATION LICENSING MANAGER, LISA DHIRAJ IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE DENIAL.
MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY.
I AM THE ADMINISTRATIVE MANAGER FOR THE CITY OF AUSTIN CODE DEPARTMENT, AND I OVERSEE SHORT-TERM RENTAL LICENSING ADMINISTRATION.
I AM HERE THIS EVENING TO JUST TESTIFY REGARDING THE DENIAL OF A TYPE TWO COMMERCIAL SHORT-TERM RENTAL LICENSE FOR 9,000 TO LODGE COURT IN AUSTIN, TEXAS 7 8 7 5 8.
NEXT SLIDE ON OCTOBER 14TH, 2020, THE AUSTIN CODE DEPARTMENT RECEIVED A TYPE TWO COMMERCIAL APPLICATION VIA THE AUSTIN FINANCE ONLINE WEBSITE FOR 9,000 TO LODGE COURT.
A COPY OF THAT APPLICATION, AS MELANIE MENTIONED, IS IN, UH, UH, UH, EXHIBIT ONE OF YOUR READERS AT THE NEXT LINE.
JUST AS A REMINDER TO THE COMMISSIONERS THAT A TYPE TWO SHORT-TERM RENTALS ARE DEFINED AS BEING RENTED FOR LESS THAN 30 DAYS, THEY ARE NOT PART OF A MULTIFAMILY RESIDENTIAL USE AND ARE NOT OWNER OCCUPIED OR ASSOCIATED WITH AN OWNER OCCUPIED RESIDENTIAL UNIT PART FOUR OF ORDINANCE 2 0 1 6 0 2 2 THREE-EIGHT.ONE, WHICH WAS ADOPTED BY THE CITY COUNCIL IN 2016, LIMITED WHERE WITHIN THE CITY'S JURISDICTION TYPE TWO NON OWNER OCCUPIED SHORT-TERM RENTAL LICENSES CAN BE ISSUED.
AND THOSE DISTRICTS ARE CENTRAL BUSINESS DISTRICT CBD, DOWNTOWN MIXED USE DMU PLANNED UNIT DEVELOPMENT, PDU P U D GENERAL RETAIL MIXED USE G R M U COMMERCIAL SERVICES VERTICAL MIXED USE C S V GENERAL RETAIL VERTICAL MIXED USE G R V.
A REVIEW OF THE ZONING REPORT FOR THE APPLICANT PROPERTY 9,000 TO LODGE COURT CLEARLY SHOWS THAT THE BASE ZONING FOR THIS PROPERTY IS S F THREE N P OR SINGLE FAMILY THREE NEIGHBORHOOD PLAN.
NEXT SLIDE, BECAUSE THE PROPERTY IS NOT LOCATED IN ONE OF THESE SEVEN DISTRICTS THAT ALLOW NEW TYPE TWO LICENSES TO BE ISSUED.
THE APPLICATION WAS DENIED FOR NOT MEETING THE CRITERIA OF THE TYPE OF LICENSE APPLIED FOR.
THIS CONCLUDES MY TESTIMONY, BUT I AM AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
[02:45:01]
WE HAVE AARON WITH US AND DID I PRONOUNCE YOUR NAME CORRECTLY? AND I READ THE RECOMMENDATION FIRST.PLEASE KEEP STAFF STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO, WHICH INCLUDES STAFFS TO PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS CODES, RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND AFFIRMS STAFF'S DECISION TO DENY THE APPLICATION FOR A TYPE TWO SHORT-TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL.
I'M GOING TO GO AHEAD AND ADMIT THE EXHIBITS FIRST, AND THEN I'LL HEAR FROM YOU COMMISSIONER GREEN.
UH, I'LL ADMIT EXHIBITS STAFF EXHIBITS ONE AND TWO.
AND, UM, COMMISSIONER GREEN, IF YOU MUST GO AHEAD.
UM, I KEEP TRIPPING OVER ROBERT TOOLS.
I'M TRYING, UM, UM, I MIGHT HAVE QUESTIONS FOR A DEP I, SHOULD I WAIT TILL AFTER THE, ALL THE PRESENTATIONS? YES.
WAIT UNTIL AFTER ALL THE PRESENTATIONS, I THINK JUST TO KEEP THINGS CLEAN WITH THE HYBRID MEETING.
AND IF YOU COULD STATE YOUR NAME, OF COURSE.
I'M THE ATTORNEY FOR NEXUS REAL ESTATE, LLC AND ALVIS CONSTRUCTION, LLC THAT OWNS THE PROPERTY LOCATED THERE AT 9 0 0 2 LODGE COURT.
I DO NOT RECALL IF IT WAS STAFF'S EXHIBIT ONE OR TWO, BUT, UM, THE DENIAL LETTER FROM THE CITY OF AUSTIN CODE DEPARTMENT CITES THE REASON FOR DENIAL IS THAT THE, THE SHORT TERM, UM, THE PROPERTY IS LOCATED IN A RESIDENTIAL AREA.
AND THAT WAS STAFF'S TESTIMONY HERE TODAY AND THEN SITES TO CITY CODE SECTION 25, 2 4 9 1 C FOUR PERMITTED AND CONDITIONED PERMITTED, CONDITIONAL AND PROHIBITED USES OF SHORT-TERM RENTALS IN THE CITY OF AUSTIN.
THE PARTICULAR CODE AS A PROVISION HAS FOUND ONLINE MAKES ABSOLUTELY NO MENTION OF SHORT-TERM RENTAL TYPE TWO IN THAT.
SO ARGUABLY THERE IS NO REGULATION PURSUANT TO 25 TO WHO DASH 4 9 1 PERMITTING OR CON OR MAKING PROHIBITING OR CONDITIONING TYPE TWO, UH, SHORT TERM RENTALS.
THE ONLY MENTION IN THAT ZONING SUMMARY TABLE IS FOR SHORT TERM TYPES, ONE AND THREE COMMISSIONERS.
I BELIEVE THAT IS BECAUSE THE CITY OF AUSTIN CODE PROVISIONS CONCERNING SHORT-TERM RENTALS TYPE TWO SPECIFICALLY, UM, SPECIFICALLY 25 DASH TWO DASH NINE 50 HAS BEEN FOUND ON CONSTITUTIONAL BY THE THIRD COURT OF APPEALS IN 2019.
IN MY RESPONSE LETTER TO THE CITY OF AUSTIN CODE DEPARTMENT AND APPEALING THAT DECISION, I DID ATTACH THE ZAATARI VS CITY OF AUSTIN CASE IN THAT CASE, THE THIRD COURT OF APPEALS, WHICH HAS JURISDICTION OVER, UM, THE CITY OF AUSTIN AND APPEALS COMING OUT OF TRIAL COURTS IN TRAVIS COUNTY, THAT COURT NOTED THAT THE, UH, CITY OF AUSTIN'S PROHIBITION ON TYPE TWO SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS IS UNCONSTITUTIONAL.
THE ONLY REASON TO DENY THIS APPLICATION OR IN THIS LICENSE FOR A SHORT-TERM RENTAL IS DUE TO THE FACT THAT THIS PROPERTY IS LOCATED IN A RESIDENTIALLY ZONED AREA.
THERE'S NOTHING DIFFERENT WITH THE RESIDENTIALLY ZONED AREA, HAVING A RENTAL, A SHORT-TERM RENTAL VERSUS A HOMEOWNER WHO LIVES THERE BOTH ARE RESIDENTIAL PURPOSES, NOT COMMERCIAL AS STAFF, UH, HAS TESTIFIED HERE TODAY IN THE CASE, THE COURT OPINED THAT PRIVATE PROPERTY OWNERSHIP IS A FUNDAMENTAL RIGHT.
AND THE ABILITY TO LEASE PROPERTY IS A FUNDAMENTAL AND PRIVILEGED PROPERTY, RIGHT? THEY FOUND THAT THE SHORT-TERM RENTAL BAN SPECIFICALLY THOSE IN RESIDENTIAL PROPERTIES WAS A RETROACTIVE.
IT WAS THE LAW IS RETROACTIVELY UNCONSTITUTIONAL.
I KNOW THAT THE CITY HAS MADE ARGUMENTS CONCERNING THAT PARTICULAR CONSTITUTIONAL CLAIM IN THAT SHORT-TERM RENTAL LICENSES THAT HAVE NOT BEEN ISSUED, DO NOT HAVE A, UH, A VESTED RIGHT IN A VESTED PROPERTY, RIGHT? HOWEVER, A RECENT
[02:50:01]
SECOND COURT OF APPEALS OPINION AND HERE IN TEXAS, OUT OF FORT WORTH, THIS IS THE CITY OF GRAPEVINE VERSUS LUDA MILLA.UM, IN THIS CASE THAT WAS DECIDED IN AUGUST, AUGUST 5TH, 2021, THE COURT OPINES THAT IT IS NOT NECESSARILY A VESTED, RIGHT? IT IS A PROPERTY, RIGHT.
THAT IS FUNDAMENTAL AND IT IS SETTLED.
PROPERTY OWNERS HAVE A RIGHT TO LEASE THEIR PROPERTIES WITHOUT GOVERNMENT INTERFERENCE.
THEY HAVE A RIGHT TO, UH, DISPOSE OF THEIR PROPERTIES IN A LAWFUL PURPOSE.
AND SO I'M ASKING THE COMMISSION HERE TO OVERTURN THE CITY CODES, DENIAL OF MY CLIENT'S SHORT-TERM RENTAL LICENSE AND ISSUE THE TYPE TWO SHORT-TERM RENTAL LICENSE SO THAT THEY CAN PROCEED WITH RUNNING THE PROPERTY.
UH, COMMISSIONER GREEN, YOU HAD SOME QUESTIONS IF YOU WOULD LIKE TO GO AHEAD.
PUT A QUESTION FOR PAT, UM, UH, THIS PRESENTATION PRESENTATION, UM, HAS THIS, UH, PROPERTY, UH, UH, HAD ANY, UH, UH, 9 1, 1 PAUL OR ANY OTHER ACTIVITY, UH, LOGGED BY APD? I DO NOT KNOW.
UM, I DO NOT HAVE ACCESS TO APD RECORDS.
I BELIEVE THERE IS ONE CODE CASE THAT WE HAVE HAD, BUT TO MY KNOWLEDGE, WE HAVE NOT HAD REPEATED COMPLAINTS.
UM, IT SIMPLY DOES NOT QUALIFY FOR THE TYPE OF LICENSE THAT APPLIED FOR.
UH, TIM SAYS THAT I HAVE A QUESTION FOR MR. ROCHE, IF I'M SORRY, MAKING IT COME BACK UP AGAIN, BUT, UH, CAN YOU, UH, JUST, UH, TAKE A MOMENT TO SORT OF RESPOND TO, UM, THE OWNERS REPRESENTATIVES, UH, CONTENTIONS ABOUT IT, OR YOU, IT ALMOST SOUNDS AS THOUGH THE POSITION WE'RE TAKING IS THAT, UH, THE LICENSE WAS DENIED BECAUSE OF A ZONING, UH, ZONING ORDINANCE HAS BEEN FOUND UNCONSTITUTIONAL.
THAT WILL BE UNDERSTANDING WHAT'S GOING ON HERE.
IS THAT, IS THERE ANYTHING TO THAT? SORRY.
UM, THERE IS SOME LITIGATION PENDING LITIGATION ISSUE.
SO I'M CONSULTING WITH OUR ASSISTANT CITY ATTORNEY.
SO THIS IS, UM, ASSISTANT CITY ATTORNEY, UH, LAUREN COREY, UM, JUST TO CLARIFY THE CONSTITUTIONALITY ISSUE AND THE, UH, THE ZONING ORDINANCE.
UM, THERE IS AN ERROR ON THE UNICA, THE WEBSITE WHERE OUR, UM, ORDINANCES ARE CODIFIED FOR THE PUBLIC.
UM, BUT THE ACTUAL ORDINANCE AS PASSED BY COUNCIL WAS INCLUDED IN YOUR BACKUP.
UM, AND IT DOES INCLUDE THAT ZONING REQUIREMENT AS, UM, STAFF LISTED IN THEIR PRESENTATION.
UM, IT SAYS THE ALLOWED USES AND RESIDENTIAL AREAS ARE JUST NOT IN THE ALLOWED USE.
AND SO IT'S NOT ALLOWED USE UNDER CITY CODE.
AND, UM, DOES THAT ANSWER YOUR QUESTION? I THINK THAT WAS THE PART THAT I NEEDED.
UM, THE CITY ATTORNEYS ON, I BELIEVE THE OTHER QUESTION HAD TO DO WITH THE PERMITTED USE CHART THAT WAS PRESENTED.
AND, UM, THAT DOESN'T ANSWER MY QUESTION TO THAT PART, BUT I'LL LET MS. ROSE COME TO CONTINUE.
TYPE TWO SHORT-TERM RENTALS ARE NOT CURRENTLY ON THE PERMITTED USE CHART THAT IS PUBLISHED TO THE PUBLIC, BUT THE ONLINE CHART NOT BEING UPDATED DOES NOT AFFECT THE ORDINANCE THAT WAS PASSED BY COUNCIL AND THE WISHES OF COUNCIL.
SO THAT IS OUR RULE IS WE GO BY WHAT THE ORDINANCE STATES AND THE ORDINANCE STATES THAT NON-OWNER OCCUPIED SHORT-TERM RENTALS CAN ONLY BE ISSUED.
LICENSES CAN ONLY BE ISSUED IN THOSE SPECIFIC SEVEN DISTRICTS THAT ARE LISTED IN THE ORDINANCE.
AND THERE IS NO REASON TO QUESTION THE CONSTITUTIONALITY OF THAT ORDINANCE.
IS THERE, I CAN TAKE THAT AS WELL.
UM, WHILE WE RECOGNIZE THAT THE, UH, PROPERTY OWNERS REPRESENTATIVE HAS RAISED, UH, CONSTITUTIONAL CONCERNS, UH, THE ROLE OF THE COMMISSION IN THIS HEARING, ISN'T REALLY TO CONSIDER THE CONSTITUTIONALITY OF LAWS.
IT'S REALLY TO LOOK AT WHETHER STAFF COMPLIED WITH CITY CODE AS CURRENTLY ENACTED.
SO IF I ENTER IT, I'M JUST GOING TO TRY TO PUT THIS IN MY OWN WORDS.
I'M NOT TRYING TO ASK YOU TO KEEP REDIRECTING THIS GUMMY, BUT, BUT IF SO, SO
[02:55:01]
GIVE IT'S A MATTER OF INSTITUTIONAL COMPETENCE WHERE, YOU KNOW, WE DO THIS, YOU KNOW, FOR, YOU KNOW, THREE HOURS A MONTH, UH, ON A VOLUNTEER BASIS.AND, AND SO IT'S IT, YOU KNOW, THE PURVIEW OF OUR AUTHORITY, UM, OURS IS NOT TO SORT OF, IF SOMEONE COMES TO US WITH AN ARGUMENT THAT BY ANALOGY TO, YOU KNOW, A CASE OUT OF THE THIRD COURT OF APPEALS OR CASE OUT OF THE SECOND, BUT IT'S ARGUABLE THAT THIS, THAT THIS ORDINANCE IS, IS, UH, UM, YOU KNOW, ON SHAKY, CONSTITUTIONAL GROUND.
IT'S NOT OUR JOB AS COMMISSIONERS TO, TO SORT OF MAKE THAT DETERMINATION, BUT WHAT WE CAN DO, IT'S WITHIN THE SCOPE OF OUR COMPETENCE TO APPLY THE ORDINANCE.
WE FIND IT FERRIS BREEDING OF THAT ORDINANCES AS, AS IT'S BEFORE, AS TO THE FACTS THAT ARE BEFORE US, UM, AND REACH A CONCLUSION ACCORDINGLY, IT'S NOT OUR JOB TO BE TELLING THE CITY THAT ITS ORDINANCES FALL AFOUL OF, YOU KNOW, SOME PROVISION OF THE TEXAS CONSTITUTION BASED ON OUR READING OF CASE LAW.
IS THAT, IS THAT FAIR? THAT'S MY UNDERSTANDING.
THAT'S ALL I HAVE THINKING ABOUT I'M SURE.
UM, MONETARY, THIS WAS A RAIN AGAIN.
I JUST WANT TO POINT OUT TO THE OWNER'S REPRESENTATIVE.
UM, THIS PROPERTY'S IN DISTRICT FOUR, WHICH IS, UH, WHERE MY, UH, COUNCILMAN, UH, REPRESENTS CONDUCT.
THE REASON I'VE BEEN ON THIS PICK A PERMISSION FOR AROUND FIVE YEARS IS WE HAD A HECK OF A PROBLEM WITH BAD LANDLORDS IN OUR DISTRICT AND IN OUR NEIGHBORHOODS.
AND W WE WERE PART OF THE RENTAL REGISTRATION BACK ABOUT EIGHT, NINE YEARS AGO.
AND WE'RE VERY RELUCTANT SEE ANY DEVIATION FROM THIS, UH, LEGISLATION HERE WITHIN THE, WITHIN THE CITY.
AND I CAN PRETTY MUCH EXPERIENCE THAT THE MAYOR WHERE FOOD IS GOING TO TAKE GREAT INTEREST IN.
SO WE'RE VERY CONCERNED ABOUT, UH, UH, UH, RENTAL, UH, TYPE TWO RENTAL PROPERTIES.
SO THEY BECOME PARTY PUT UP HAVENS.
AND I THINK THAT, UH, UH, IT COULD RECONSIDER THIS PARTICULAR APPROACH, UM, AND UNDERSTAND THAT, UH, THERE WILL DEFINITELY BE EYES ON IT WITHIN THE NEIGHBORHOOD.
UH, ANY OTHER COMMENTS, QUESTIONS, DISCUSSION FROM, YEAH, I GUESS, UM, THE ONLY THING THAT I WAS TRYING TO WRAP MY BRAIN AROUND MYSELF IS THAT I THINK WE'RE TALKING ABOUT DIFFERENT THINGS, UM, IN SOME WAYS, AND, UM, I'M DIRECTING THIS TO THE ATTORNEY, UM, BECAUSE THERE IS A SECTION THAT DEFINES WHAT THE, UM, TYPE TWO LICENSE USE WOULD BE.
AND OF COURSE THAT DOES NOT EXCLUDE RESIDENTIAL PROPERTIES.
YOU'RE CORRECT IN SAYING THAT FROM WHAT I CAN SEE, AND THEN IT LOOKS LIKE THERE WAS AN AMENDMENT SAYING THAT ANY NEW LICENSES HAD TO BE IN CERTAIN DISTRICTS.
SO I THINK, UM, AND THAT, THAT AMENDMENT IS NOT ON ANY PUBLISHED WEBSITE.
I WAS UNABLE TO FIND OR LOCATE ANY ORDINANCE WHATSOEVER ON THE CITY OF AUSTIN MUNICIPAL CODE.
NOW THAT MIGHT BE A TECHNICAL ERROR FINE, BUT AT THE END OF THE DAY, THE RESULT IS STILL THE SAME IN THAT DENIAL OF A SHORT-TERM RENTAL LICENSE BASED SOLELY ON THE FACT THAT IT'S IN A RESIDENTIALLY ZONED AREA MAY COMPLY WITH THE CODE, BUT THE CODE IN AND OF ITSELF HAS FOUND UNCONSTITUTIONAL BY THE SITAR DECISION IN 2019.
AND THAT WAS UP HELD AGAIN IN THE 2021, AUGUST, 2021 CASE, NOT BINDING ON THIS JURISDICTION.
HOWEVER, ANOTHER ADDITIONAL CASE WITHIN THE COURT OF APPEALS IN TEXAS IN FORT WORTH.
SO TO CLARIFY COMMISSIONER SONS' DAD, SOME OF HIS QUESTIONS, AND THEN ALSO JUST TO ADDRESS COMMISSIONER GREEN, SOME OF HIS CONCERNS, THE AUSTIN CITY CODE HAS ORDINANCES REGARDING NOISE REGARDING PARKING REGARDING, UM, HOUSE PARTIES OR, OR CRIMES OR, OR ANYTHING LIKE THAT THAT WOULD OCCUR AT A PROPERTY
[03:00:02]
THAT DOES NOT DIMINISH, UH, PROPERTY'S RIGHT TO LEASE.AND WHICH IS A FUNDAMENTAL CONSTITUTIONAL RIGHT UPHELD BY THE COURTS, NOT ONLY TEXAS COURTS, BUT THE U S SUPREME COURT.
AND SO THAT'S WHY WE'RE ASKING FOR THE SHORT TERM RENTAL LICENSE TO BE ISSUED.
UM, I DO KNOW THAT THERE IS A CITY ORDINANCE THAT PROHIBITS THE ISSUING OF NEW SHORT-TERM RENTAL LICENSES TYPE TWO IN CERTAIN AREAS.
UM, THAT WAS BIG NEWS SEVERAL YEARS AGO.
YOU MAY HAVE A VERY COMPELLING ARGUMENT FOR WHY THAT IS UNCONSTITUTIONAL, BUT THAT IS DEFINITELY BEYOND THE PURVIEW OF OUR COMMISSION, UM, FOR GOOD OR BAD.
AND I, I SEEM TO, I GUESS, BASED ON THE RESPONSE LETTER ITSELF, IT'S NOT VERY CLEAR.
I DON'T, UM, WHAT THE, THAT PARTICULAR CASE SAYS, BUT BASED ON WHAT YOU PUT TOGETHER, IT PRETTY MUCH SAID THAT THE CASE, THE COURT HELD THAT TERMINATION, WHICH IS A DIFFERENT THING THAN DENIAL.
SO IS THIS TERMINATION OF TYPE TWO RENTALS IS UNCONDITIONALLY RETROACTIVE.
SO RIGHT NOW SEEMS LIKE YOUR CLIENT IS TRYING TO GET A NEW LICENSE, WHICH IS A LITTLE BIT DIFFERENT.
SO I WOULD, I'M THINKING ALONG THE SAME, I'M HAPPY TO ADDRESS THAT THE COURT IN THIS ATARI CASE STATED THAT IT'S NOT A VESTED, RIGHT.
AND SO IT DOESN'T MATTER WHETHER THE PROPERTY OWNER HAD A SHORT TERM RENTAL LICENSE AT ONE POINT, IT IS A SETTLED RIGHT FOR THEM NOW TO HAVE A SHORT-TERM RENTAL LICENSE.
AND AS A CASE, AS WELL AS THAT SECOND COURT OF APPEALS CASE OUT OF FORT WORTH, WHICH AFFIRMED BASICALLY THERE'S A TARGET CASE.
AND AGAIN, I'M GOING TO REITERATE THAT MOST OF US ON THIS COMMISSION ARE NOT CONSTITUTIONAL LAWYERS UNDERSTOOD.
UH, I DO NOT FEEL QUALIFIED TO WEIGH IN ON THE CONSTITUTIONALITY OF THIS PARTICULAR CASE, BUT I, I DO HAVE A WORKING FAMILIARITY WITH THE CITY'S CODE AND ORDINANCES.
AND, UM, THAT'S, THAT'S MY OPINION ON THIS.
SO YEAH, IN THE, IN THE AUSTIN CITY CODE, OUR GUIDING LIGHT IN THE AUSTIN CITY CODE, OUR GUIDING LIGHT IN TERMS OF HOW WE'RE SUPPOSED TO BE MAKING THAT IS EXACTLY WHAT WE'RE SUPPOSED TO BE MAKING DECISIONS.
THAT'S WHAT MAKES US VERY INTERESTING BECAUSE I WILL TELL YOU MISS THE BOY THAT, OF ALL THE CASES I'VE SEEN, YOU, YOU PROBABLY HAVE PRESENTED ONE OF THE MOST COMPLETE, UH, UM, REBUTTALS, RIGHT.
UM, AND YOU DO MAKE SOME INTERESTING, UH, YOU MAKE A COMPELLING CASE, BUT I THINK, YEAH, THE, THE, THE CITY CODE AND OUR OWN RULES ARE, WE OPERATE BY AS A COMMISSION.
AND WHETHER THOSE FALL, AS WAS MENTIONED EARLIER, WHETHER THOSE FALL, YOU KNOW, INSIDE OR OUTSIDE OF, OF SOMETHING THAT, THAT A HIGHER AT A COURT HAS, HAS RULED, UM, I CAN'T, I DON'T REALLY KNOW HOW THAT WOULD GET RECTIFIED, BUT IT DOES FALL OUTSIDE OF OUR, THROUGH AN APPEAL THROUGH AN APPEAL.
BUT I DO KNOW IT FALLS OUTSIDE OF OUR PURVIEW.
AND, AND, UM, BECAUSE I PUT THIS IN A BIT OF AN AWKWARD POSITION, BUT, BUT THAT IS OUR JURISDICTION COMMISSIONER MILLER.
DID YOU? OH, UM, YEAH, I JUST LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING, AND I ALSO LIKE TO MOVE THAT WE ACCEPT STAFF'S RECOMMENDATION FOR THE REASONS THAT HAVE BEEN STATED.
I THINK WE'RE NOT THE RIGHT VENUE FOR CHALLENGING THIS ESSENTIALLY.
UH, I WILL GO AHEAD AND CALL THE QUESTION, WHICH IS TO THE MOTION IS TO, UH, ADOPT STAFF'S RECOMMENDED STAFF'S RECOMMENDATION, WHICH IS TO AFFIRM STAFF'S DECISION TO DENY THE OWNER'S APPLICATION.
SO WE WOULD BE DENYING THE APPEAL SO CONVOLUTED.
I WANTED TO MAKE SURE WE ALL UNDERSTOOD.
ANY OPPOSED? ONE OPPOSED? OKAY.
THE MOTION PASSES SEVEN TO ONE, RIGHT? OKAY.
UH, THANK YOU, MR. BOY, WE APPRECIATE YOUR TIME AND SECRETS.
THANK YOU, MS. ALLIE, FUTURE AGENDA ITEMS. WE
[03:05:01]
HAD ONE CASE THAT WAS CONTINUED FIND MY NOTES HERE.[FUTURE AGENDA ITEMS]
WHAT WE HAVE ON THE, FOR FUTURE AGENDA ITEMS. UM, WE HAVE 1286TH STREET COMING BACK NEXT MONTH.AND THEN WE HAVE 23, 24 BITTER CREEK COMING BACK IN FEBRUARY.
AND I BELIEVE THAT'S ALL I SEE ON FUTURE AGENDA ITEMS. UH, I JUST LIKE, SO I THINK AT THE JANUARY MEETING, IF YOU HAVE DATES OR A DATE FOR THE RETREAT, THAT WOULD BE GREAT.
IN FACT, IF YOU, IF YOU GET WIND OF A GOOD DATE BEFORE THEN IT WOULD PROBABLY BE HELPFUL TO EMAIL THAT OUT SO WE CAN ALL GET IT ON OUR CALENDARS.
AND I HAVE ONE OTHER THING I WANTED TO ASK YOU IF WE COULD, UH, IF I COULD EMAIL EVERYONE AND WITH SOME DATES FOR, UM, MAYBE TRY TO SCHEDULE A TOUR OF THE NEW FACILITIES.
AND WE WERE GOING TO TALK ABOUT THAT WHEN SUSAN WAS HERE TOTALLY FAILED.
SO IS THE COMMISSION AWARE THAT PROBABLY STARTING IN MARCH, OUR MEETINGS WILL BE HELD AT THE NEW CITY BUILDING? SORRY.
THE ONE BUILDING IT'S NEAR, NEAR HIGHLAND MALL IN WHAT WAS, AND WHAT WAS HIGHLAND MALL? IT'S A PERMITTING FACILITY AND I DON'T KNOW WHAT, I DON'T KNOW.
I'M NOT REMEMBERING THE NAME OF IT RIGHT NOW.
AND SUPPOSEDLY IT'S A FANTASTIC BUILDING.
INCORPORATES ALL SORTS OF SUSTAINABILITY MEASURES AND I'M ACTUALLY REALLY EXCITED TO SEE IT.
UM, BUT WE WERE THINKING OF MAYBE A COUPLE OF TIMES FOR TWO WORDS SO THAT WE DON'T ACCIDENTALLY HAVE A QUORUM TOGETHER AT ONCE.
UH, IF ANYONE IS INTERESTED AND I CAN EMAIL YOU SOME DATES AND THEN WE CAN SIGN PEOPLE UP.
I DON'T THINK WE HAVE TO DO THAT AT THE MEETING.
I CAN EMAIL EVERYONE ABOUT SIGNING UP AND GET DATES.
WE THINK PROBABLY IN MARCH, WE'LL BE STARTING THERE.
UH, IS THERE ANYTHING ELSE MS. ALLIE? I DON'T THINK, I CAN'T THINK OF ANYTHING.
WE'RE GOING TO LOOK AT THE RETREAT BITTER CREEK EAST SIXTH STREET.
UM, SO WHEN IS THE NEXT, UH, COMMISSION MEETING? OH, OKAY.
SO THE NEXT COMMISSION MEETING, WE DON'T OUR DATES.
SO THE DATES THAT WE JUST APPROVED, I WILL HAVE TO, UH, SEND TO THE CITY CLERK'S OFFICE AND THEN THEY WILL HAVE TO TRY TO FIT US INTO THE SCHEDULE AND LET US KNOW.
THEY WILL LET ME KNOW IF, IF SOME OF OUR DATES ARE NOT APPROVED.
UM, BUT THEY HAVE CALENDAR DOES FOR JANUARY.
UM, IF I HAVE A NEW COUNCIL MEMBER, THEN WHY STAY ON THE COMMISSION OR IN MY OFFICE? CAUSE I WILL HAVE A NEW COUNCIL MEMBER.
THEN THERE'S A NEW PERSON FOR YOUR DISTRICT.
THERE'S AN ELECTION I THINK ON THE 23RD OF JANUARY.
OH, I WOULD IMAGINE YOU'D BE IN A HOLDOVER POSITION.
I MEAN, EVEN, EVEN DURING REGULAR ELECTIONS WHERE WE'RE TYPICALLY IN A HOLDOVER POSITION UNTIL FEBRUARY OR MARCH OR LATER.
WHAT WOULD THE EXACT TIMEFRAME IS FOR THAT? DO YOU KNOW LAUREN, HOW THAT WORKS? I'LL HAVE TO FIND OUT FROM THE CLERK'S OFFICE AND I'LL LET YOU KNOW MR. GREEN.
UM, SO THERE'S, UH, THERE'S AN ELECTION ON, WHEN IS IT FOR YOUR DISTRICT? JANUARY 23RD, JANUARY 23RD.
SO I'LL, WE'LL UM, TALK TO THE COURT'S OFFICE AND GET AN ANSWER FOR YOU AND FOLLOW UP.
UM, I DON'T HAVE ANYTHING ELSE THOUGH THAT I CAN THINK OF.
I'M GOING TO ADJOURN THE MEETING.