[00:00:01]
UM, SO A REMINDER TO THE COMMISSIONERS WHO ARE COMING IN REMOTELY, IF YOU ARE NOT VISIBLE, IF YOU DON'T HAVE YOUR CAMERA ON, WE CAN'T COUNT YOU TOWARDS OUR QUORUM.[CALL TO ORDER]
THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR JANUARY 26TH, 2022.LET THE RECORD REFLECT THAT THE TIME IS 6:38 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
UM, AND AS A REMINDER TO THE COMMISSION MEMBERS REMOTING, AND PLEASE TURN YOUR CAMERA ON FOR THE ROLL CALL.
UH, I BELIEVE WE NEED TO KEEP YOUR CAMERAS ON AT ALL TIMES.
YOU KNOW, IF YOU NEED TO STEP AWAY, OBVIOUSLY TURN IT OFF.
JUST MAKE SURE WE DON'T BREAK QUORUM.
IN OTHER WORDS, IF THERE ARE SEVEN OF US, YOU CAN DO THAT FOR A FEW MINUTES, BUT PLEASE COME BACK.
DO WE HAVE PABLO ABILA HER VICE CHAIR WITH US THIS EVENING? I DON'T SEE HIM.
UH, COMMISSIONER WORDY THOMPSON.
COMMISSIONER JOHN GREEN, YOUR THANK YOU.
COMMISSIONER TIMOTHY STOW STEAD HERE.
COMMISSIONER ELIZABETH MUELLER.
UH, DO WE HAVE COMMISSIONER SHOT DAY? OH, GUMBO DAY.
YOU WANT TO CHECK YOUR MIC EDGAR WHILE YOU'RE AT IT TOO? WE CAN'T HEAR YOU YET HERE.
AND COMMISSIONER EDWARD SEELIG.
AND COMMISSIONER MICHAEL FRANCIS.
I DON'T BELIEVE IS HERE AND CHIEF TOM VOKEY.
BEFORE, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER 13 CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, THE COMMISSIONS COORDINATOR, MELANIE ALLIE, WE'LL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.
WHEN YOUR CASES CALLED THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.
YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
AND WE'LL OUR DESIGNATED TIMEKEEPER.
PLEASE INTRODUCE YOURSELF, IS THAT YOU DANIEL? THIS IS DANIEL MURPHY WITH CTM.
AFTER YOU AND THE CITY HAD 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, OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
[00:05:01]
THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE, ANYONE WHO IS REMOTING IN, I DON'T THINK WE HAVE ANY OF THE PUBLIC REMOTING IN THIS EVENING.
UH, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN OKAY.
THIS WOULD INCLUDE ANYONE WHO IS HERE AS AN INTERESTED PARTY.
ALSO NOT NECESSARILY THE PROPERTY REPRESENTATIVE, BUT IF YOU WANT TO COME AND TALK, THIS IS THE TIME TO STAND AND SAY THE OATH.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
IF SO, PLEASE SIGNIFY BY SAYING I DO.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
UH, I BELIEVE FIRST ACTUALLY WOULD BE CITIZENS COMMUNICATION.
MISS ALLIE, UM, UH, COMMISSIONER ONLINE NOW, IF YOU WANT TO INTRODUCE HER.
UH, COMMISSIONER OGUN, BUT IF YOU COULD JUST SAY YES AND CHECK THAT YOUR MICROPHONE IS WORKING.
UH, CHAIR, IF WE COULD, UH, APPROVE THE MINUTES FROM THE DECEMBER MEETING, OR DO YOU WANT TO HEAR CITIZENS COMMUNICATION FIRST? LET'S DO CITIZENS
[CITIZEN COMMUNICATION: GENERAL ]
COMMUNICATION FIRST, IF WE COULD.I HAD A QUESTION ON ONE SPEAKER WHO HAS SIGNED UP.
I'M NOT SURE IF HE'S HERE FOR CITIZENS COMMUNICATION OR FOR AN AGENDA ITEM EVER AT TORRES EVERETT TOWARD US.
I'M SURE I'M NOT PRONOUNCING THIS CORRECTLY.
ARE YOU HERE FOR A SPECIFIC ITEM OR JUST FOR CITIZENS COMMUNICATION.
IF YOU WOULD LIKE TO COME FORWARD TO THE PODIUM, BUT ONLY TO OBSERVE.
ALL RIGHT, THEN WE HAVE CHRIS RILEY.
I'M HERE TONIGHT TO ASK THAT THE COMMISSION PLACE AN ITEM ON ITS AGENDA FOR NEXT MONTH.
AND SPECIFICALLY THIS ITEM HERE IS SEE ALL 20 19 0 5 1 0 2 9 5 0 3 WEST 14TH STREET.
THAT'S A PICTURE OF THE BUILDING RIGHT THERE.
THE BOARD CONSIDERED THIS, THE COMMISSION CONSIDERED THIS AT THIS CASE BACK IN 2020, UM, AS A RESULT OF, UH, SOME VIOLATIONS THAT, THAT ARE, THAT, UH, CAME ABOUT WHEN THE BUILDING, WHEN, WHEN THERE WAS A FIRE AT THE BUILDING, UM, IN 2018, UM, AND N REQUIRED THAT THE VIBRATIONS WOULD BE CORRECTED OR THAT THE BUILDING BE DEMOLISHED WITHIN 90 DAYS, UH, THE BUILDING, UM, FOR A NUMBER OF REASONS, THE BUILDING IS STILL THERE.
WE HAVE NOT AT THE END, THE BUILDING AND THE CORRECTIONS HAVE NOT BEEN REMEDIED.
THE, UM, AND AS A RESULT OF THE FINES ARE CONTINUING TO MOUNT, UM, THERE ARE UP TO $34,000 AT THIS POINT, BEFORE I GO INTO THE NEXT SLIDE, I JUST WANT TO PAUSE HERE TO NOTE THAT THE, THIS IS A, UH, THIS IS A 1920 BUNGALOW.
IT HAS BEEN RECOGNIZED AS A, AS A CONTRIBUTING STRUCTURE TO, TO A HISTORIC DISTRICT THAT IS CURRENTLY IN THE WORKS AND THE NEIGHBORHOODS PREFERENCES THAT BUILDINGS LIKE THIS B GENERALLY PRESERVED TO THE EXTENT THAT WE CAN, WE RECOGNIZE THE NEED FOR ADDING DENSITY, BUT OUR PREFERENCE IS TO ADD DENSITY IN, IN A WAY THAT, UM, THAT RESPECTS THE EXISTING FABRIC OF THE, OF THE NEIGHBORHOOD.
AND I SAY THAT AS A NEIGHBOR, I LIVE RIGHT NEXT DOOR TO THIS PROPERTY, AND I SERVE ON THE BOARD OF THE, UH, UH, OF THE NEIGHBORHOOD ASSOCIATION.
I LIVED IN THIS NEIGHBORHOOD FOR MOST OF MY LIFE.
IF SHE COULD GO ONTO THE NEXT SLIDE, THIS IS A, THIS SHOWS YOU A TIMELINE OF, OF EVENTS HERE.
THEN AGAIN, THE FIRE OCCURRED BACK IN 2018.
I BOUGHT THE PROPERTY AND, UH, LATER THAT YEAR AND GOT THE PROPERTY REZONED, IT WAS IN EARLY 20, 20, LATE IN LATE FEBRUARY, 2020 THAT THE, THAT THE BOARD ISSUE HAS ISSUED ITS ORDER.
AND I WAS PREPARING, PREPARING TO GO AHEAD AND DO THE QUICKEST WORK I COULD TO JUST GET IT, UH, GET THE VIOLATIONS FIXED AND THE BUILDING HABITABLE AGAIN.
AND UNFORTUNATELY WE WEREN'T HIT BY A PANDEMIC AND THAT CHANGED EVERYTHING.
CONSTRUCTION WAS SHUT DOWN, AND THERE WAS JUST NO WAY TO HAVE PEOPLE WORKING SAFELY IN THIS VERY TIGHT, OLD BUILDING THAT LACKED VENTILATION.
AND, UM, AND SO INSTEAD I, I SAID ABOUT, UM, EMBARKING
[00:10:01]
ON LONGER-TERM PLANS, THAT WOULD ACTUALLY BE A MORE REASONABLE, MORE SUSTAINABLE USE FOR THE PROPERTY TO EXPAND IT AND HAVE AN ACTUAL, UH, UH, BUILD A SIX PLEX THERE WITH WHILE STILL KEEPING THE EXISTING FACADE INTACT, BUILDING ADDITIONAL SPACE IN THE BACK, THAT WOULD BE IN A SIMILAR FORM.AND THAT PRO PLAN IS IN THE WORKS.
WE'VE BEEN PILED THE SITE PLAN IN THE BEGINNING OF 2021, WHICH IS STILL IN THE PROCESS.
WE HOPE THERE'VE BEEN A LOT OF DELAYS AT THE CITY DUE TO THE STAGE FIVE RESTRICTIONS WE HOPED TO GET THROUGH PERMITTING IN, IN APRIL, COULD BE MAY, UH, WHILE WE STILL HAVE THE PROBLEM OF THESE PENALTIES.
AND NOW THAT WE'RE GETTING TO THE POINT OF THE CONSTRUCTION LOAN, THE LIEN RESULTING FROM THOSE PENALTIES IS CAUSING A REAL PROBLEM.
SO I'M HOPING THAT WE CAN DISCUSS THIS NEXT MONTH AND GET THE COMMISSION TO RECONSIDER ITS ORDER, BECAUSE I DON'T THINK IT'S SERVING THE PUB.
THE COMMISSION'S ORDER IS SERVING THE PUBLIC INTEREST HERE, THE COMMISSION'S ORDER.
I, YOU KNOW, IF I JUST TORN THE BUILDING DOWN, I'D HAVE NO PENALTIES, BUT, UM, SO I ASKED THAT THE COMMISSION PLACED THIS ITEM ON THE AGENDA FOR NEXT MONTH, SO WE CAN TALK ABOUT IT.
UH, WE CAN'T ACT ON IT RIGHT NOW, AS YOU KNOW, BUT WE WILL TAKE THIS UP FOR DISCUSSION AT THE END OF THE MEETING AND SEE ABOUT PLACING IT, PLACING IT ON NEXT MONTH.
[APPROVAL OF MINUTES]
MS. ALI, I THINK WE WOULD LIKE TO MOVE TO APPROVAL OF THE MINUTES FROM LAST MONTH'S MEETING AND THE MINUTES SHOULD, THE MINUTES SHOULD BE IN YOUR READERS, IF YOU WOULD LIKE TO LOOK AT THEM ON YOUR GOOGLE DRIVE FOLDER, HAS THE COMMISSION HAD A CHANCE TO REVIEW? UH, YES.COMMISSIONER SAY, LOOK, WE APPROVE THE MINUTES.
UH, ALL IN FAVOR OF APPROVING THE MINUTES FROM THE DECEMBER 8TH, 2021 REGULAR MEETING.
SAY I ACTUALLY, UH, WELL JUST SAY I AND WAVE YOUR HANDS.
WAS ANYONE OPPOSED? AND DID ANYONE ABSTAIN? ALL RIGHT, SO THAT IS UNANIMOUS.
UM, AND THIS EVENING, MS. ALI,
[5. Case Number: OL 2021-111072]
I BELIEVE WE WOULD LIKE TO HEAR ITEM NUMBER FIVE.WE CAN TAKE THAT OUT OF ORDER IF YOU DON'T MIND.
UM, THE FIRST CASE ON THE FIRST CASE I'D LIKE TO INTRODUCE YOU TO NIGHT IS SHORT-TERM RENTAL APPEAL.
THE CASE NUMBER IS OH, WELL, 2 20 21, 1 1 1 0 7 2.
AND THE ADDRESS FOR THIS PROPERTY IS 26 0 6 DIAZ STREET EXHIBITS CAN BE FOUND IN THE GRAY BOOK IN YOUR READER OR GOOGLE DRIVE FOLDER.
THE OWNER OF THIS PROPERTY AND APPELLANT IS HUNTER WHEELER.
AND THE PROPERTY IS BEING REPRESENTED TONIGHT BY ATTORNEY CHARLIE DORSEY, DORSEY AAO.
THIS APPEAL IS REGARDING AUSTIN CODE'S DENIAL OF A TYPE ONE SHORT-TERM RENTAL STR APPLICATION IN YOUR READERS.
YOU'LL FIND STAFF EXHIBITS ONE AND TWO EXHIBIT ONE CONTAINS THE OWNER'S APPLICATION PACKET FOR A TYPE ONE OPERATING LICENSE, AUSTIN CODES, DENIAL LETTER, THE PROPERTY OWNER'S APPEAL LETTER, AND NOTICE FOR TONIGHT'S HEARING AS WELL AS THE REQUIRED POSTINGS EXHIBIT TWO, WHICH CONSISTS OF A CONTEXTUAL PHOTO OF THE PROPERTY SUPPORTING DOCUMENTS PERTAINING TO AUSTIN CODE'S DECISION TO DENY THE APPLICATION AND AUSTIN CODE'S RECOMMENDATION LICENSING MANAGER, LISA DHIRAJ IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE DENIAL.
MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LISA AND I AM THE ADMINISTRATIVE MANAGER FOR THE CITY OF AUSTIN CODE DEPARTMENT OVERSEEING SHORT TERM RENTAL LICENSING.
AND I'M HERE THIS EVENING TO TESTIFY REGARDING THE DENIAL OF A TYPE ONE SHORT-TERM RENTAL LICENSE FOR 26 0 6 DIAZ STREET AND AUSTIN 7 8, 7 OH, TO PULL UP THE PRESENTATION.
AND YOU CAN GO TO THE NEXT SLIDE AS WELL.
AN INCOMPLETE APPLICATION SUBMISSION WAS RECEIVED VIA THE AFO WEBSITE ON SEVEN 19 OF 2021 ON 7 29 OF 2021.
THE CUSTOMER WAS INFORMED THAT THE APPLICATION WAS MISSING THE AUTHORIZED AGENT LETTER AND THE REVIEW OF THE APPLICATION COULD NOT BEGIN UNTIL THE MISSING DOCUMENTS HAD BEEN PROVIDED.
THE APPLICANT ALSO INFORMED THAT THERE WERE OPEN VIOLATION CASES FOR ADVERTISING AND OPERATING A SHORT-TERM RENTAL WITHOUT A LICENSE, AND THAT HE WOULD NEED TO WORK WITH THE INSPECTOR
[00:15:01]
ASSIGNED TO THE CASE, TO RESOLVE ALL CASES BEFORE A FINAL REVIEW OF LICENSE ELIGIBILITY COULD BE DONE.NEXT AT THE TIME OF THE RECEIPT OF THE INCOMPLETE APPLICATION, THERE WERE TWO ACTIVE LEGAL CASES FOR CITATIONS.
1, 2, 1, 1, 1, AND 1, 3, 1, 1, 4 LICENSES ARE NOT ISSUED TO OPERATORS WITH ONGOING VIOLATION CASES BECAUSE THERE IS NO WAY TO DETERMINE IF CODE SECTION 25 TO 7 97, REPEAT OFFENSES WOULD BE APPLICABLE UNTIL THE CASES HAVE BEEN RESOLVED.
THIS IS OUR OPERATING LICENSE CASE HISTORY TO GIVE YOU THE HISTORY OF THE, UH, ACTIONS OF THE OPERATING LICENSE TEAM.
IT WILL SHOW YOU THAT STAFF DID NOT RECEIVE THE MISSING AUTHORIZATION LETTER UNTIL SEPTEMBER 29TH, 2021.
THAT WOULD BE MORE THAN TWO MONTHS AFTER THE INITIAL SUBMISSION.
THE APPLICATION WAS THEN PLACED INTO QUEUE FOR REVIEW ON OCTOBER 29TH, 2021.
THE REVIEW BEGAN STAFF CONFIRMED THAT THE VIOLATION CASES HAD BEEN RESOLVED AND INFORMED THE CUSTOMER THAT THE NONCOMPLIANCE FEE WAS OWED TO THE CITY UNDER 25 TO 7 98.
AS A RESULT OF THE APPLICATION, HAVING BEEN SUBMITTED AFTER THE OPERATOR WAS ISSUED A NOTICE OF VIOLATION AND RECEIVED MULTIPLE CITATIONS FOR OPERATING WITHOUT THE REQUIRED LICENSE.
ON NOVEMBER 3RD, 2021, THE NONCOMPLIANCE FEE WAS PAID AND THEY FINAL REVIEW OF THE APPLICATION BEGAN.
NEXT SLIDE NEXT ON 1118 OF 2021.
AFTER COMPLETING THAT REVIEW STAFF RECOMMENDED DENIAL OF THE LICENSE FOR A PERIOD OF 12 MONTHS UNDER CODE SECTION 25 TO 7 97, B, WHICH IS ON YOUR SCREENS REPEAT OFFENSES, WHICH STATES THAT IF THE DIRECTOR FINDS THAT AN OWNER OR PERSON IN CONTROL OF A PROPERTY VIOLATES SECTION 25 TO 7 94 GENERAL REQUIREMENTS FOR SHORT-TERM RENTALS, AT LEAST TWICE IN A 12 MONTH PERIOD, THE DIRECTOR MAY DENY THE APPLICATION FOR A SHORT-TERM RENTAL LICENSE FOR A PERIOD OF 12 MONTHS.
THE RECOMMENDATION WAS BASED UPON THERE HAVING BEEN THREE LIABLE FINDINGS FOR VIOLATIONS OF CODE SECTION 25 TO 7 94 AT ADMINISTRATIVE HEARINGS.
AFTER THE OPERATOR WAS MADE AWARE OF THE LICENSING REQUIREMENTS THROUGH THE NOTICE OF VIOLATION THAT HAD BEEN ISSUED ON JANUARY 1ST, 2021, NOT JANUARY 1ST IN JANUARY OF 2021.
THESE NEXT SEVERAL PAGES PROVIDE YOU WITH COPIES OF THE CITATIONS AND THE ORDERS OF THE ADMINISTRATIVE HEARING OFFICERS.
IF YOU COULD SCROLL THROUGH ON DECEMBER 21ST, 2021, THE LICENSE DENIAL WAS SIGNED AND SENT VIA CERTIFIED MAIL AND REGULAR MAIL AND WAS POSTED ONSITE THE FOLLOWING DAY, DECEMBER 22ND, 2021, THE DENIAL LETTER IS AVAILABLE IN EXHIBIT ONE AND COPIES OF THE NOTICES ARE UP ON THE SCREEN.
IF WE COULD GO THROUGH THOSE VERY QUICKLY, PLEASE.
AND THESE ARE, THIS IS THE SUPPORTING DOCUMENTATION FOR THE VIOLATIONS PRIOR TO RECEIPT OF THE APPLICATION.
IN CONCLUSION, THE PREPONDERANCE OF EVIDENCE PROVIDED IN YOUR READER SHOWS THAT THE OPERATORS OF THE SHORT-TERM LICENSE AT 26 0 6 DIAZ STREET, DIDN'T KNOWINGLY CONTINUE TO OPERATE AFTER BEING MARRIED, AWARE OF THE LICENSE REQUIREMENT IN JANUARY, AND HAVING BEEN FOUND LIABLE OF REPEATED VIOLATIONS OF CODE SECTION 25 TO 7 94 AT ADMINISTRATIVE HEARINGS DENIAL OF THIS LICENSE FOR A PERIOD OF 12 MONTHS FOR REPEAT OFFENSES IS APPLICABLE IN THIS SITUATION.
AND WE ASKED THE COMMISSION TO CONFIRM THE FINDINGS OF CITY STAFF AND DENY THIS APPEAL.
THIS CONCLUDES MY TESTIMONY, AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
YOU MAY HAVE STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO, WHICH INCLUDES STAFF 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
[00:20:01]
AND CONCLUSIONS OF LAW FOR THIS CASE AND THE FIRM'S STAFF'S DECISION TO DENY THE APPLICATION FOR A TYPE ONE SHORT-TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL.I'LL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND TWO, AND THANK YOU, MR. ROACH.
MY NAME IS CHARLIE AND I'M AN ATTORNEY WITH A DRAENOR GROUP.
I REPRESENT MR. WHEELER, UH, THE APPELLANT AND, UH, AND THE HOMEOWNER.
SO SPECIFICALLY HERE TO DENY OR TO APPEAL A DENIAL OF A TYPE ONE SHORT-TERM RENTAL LICENSE.
THE DENIAL WAS ON THE BASIS THAT MR. WHEELER HAD ISSUED TWO PREVIOUS CITATIONS.
NOW I HEARD, UM, MS. THROW SAYING THAT THERE WERE MULTIPLE CITATIONS, BUT I ALSO SAW INCLUDING AT THE END OF THE PRESENTATION, THAT THERE WERE TWO NOTICES OF VIOLATION, UH, FOR SHORT-TERM RENTAL VIOLATIONS.
SO EXACTLY TWO AND HIS BACKGROUND, THERE WAS EVIDENCE ALSO THAT, UH, AN APPLICATION HAD BEEN ATTEMPTED AND, YOU KNOW, NEVER FINALIZED.
SO I THINK IF WE COULD GO TO THE NEXT SLIDE, THE ONE AFTER THAT, I THINK A TIMELINE OF EVENTS IS A HELPFUL ILLUSTRATION.
AND FROM THE PROPERTY OWNERS PERSPECTIVE, WHAT YOU'LL SEE IS SOMEONE WHO REALIZED HE MADE A MISTAKE AND ATTEMPTED TO CORRECT IT, INCLUDING BY HIRING A LAW FIRM TO ASSIST.
SO OVER SIX MONTHS FROM JULY 1ST, 2021, WHICH IS THE DATE THAT MR. WHEELER HAD ACTUAL KNOWLEDGE OF ANY VIOLATION, THAT'S WHEN HE KNEW HE HAD RECEIVED THE VIOLATION NOTICE HE HAD CALLED US, UH, MR. WHEELER AND MY COLLEAGUES MADE REPEATED EFFORTS TO TAKE CORRECTIVE ACTION.
AND THAT MEANS ALL CORRECTED TO PAY FEES, TAKE ANY STEPS TO CORRECT THE VIOLATION AND TO FINISH AND MAKE THE LICENSE APPLICATION.
SO, AS I SAID, THE FIRST MR. WHEELER HAD ACTUAL KNOWLEDGE OF, OF A VIOLATION WAS ON JULY 1ST, 2021.
AND MS. GOLD, GOLD'S BE IN MY OFFICE EMAILED, UH, ASKING FOR THE INFORMATION ABOUT THAT VIOLATION THAT NOTICED THERE DIDN'T ACTUALLY HAVE THE ATTACHMENT, INCLUDING THE CITATION THOUGH.
IT SAYS THAT IT DID, UM, AND LEARNED THAT THERE WAS A, THERE WAS ONE VIOLATION WE DID GET NO NOTICE THEN OF THE SECOND NOTICE OF VIOLATION.
SO REQUESTS TO POSTPONE THAT HEARING WERE DENIED.
SO MR. WHEELER ATTENDED AND TODAY HE HASN'T RECEIVED ANY RESPONSE.
BUT THE MOST IMPORTANT THING I THINK IS THAT AFTER UNDERSTANDING THAT HE NEEDED A LICENSE AND UPON LEARNING THAT THE LICENSE APPLIED FOR BY HIS PROPERTY MANAGER WAS NOT ISSUED, MR. WHEELER PROCEEDED IN, IN GOOD FAITH TO APPLY FOR SEXUAL LICENSE.
SO, AS I MENTIONED, HE ENGRAVED, HE ENGAGED A LAW FIRM TO ASSIST WITH ALL VIOLATIONS AND TO APPLY AND FINISH.
SO HE COULD COME INTO COMPLIANCE.
AND THROUGH THAT SIX MONTH PERIOD, HE CORRESPONDED WITH CITY STAFF OVER A DOZEN TIMES AND MADE EVERY ATTEMPT TO RESOLVE A NON-COMPLIANCE.
UH, HE ASSISTED WITH THE LICENSE APPLICATION MATERIALS, AND MY OFFICE ANSWERED REPEATED QUESTIONS, UH, SHOWING THAT 26 0 6 DIAZ IS MR. WHEELER'S PRINCIPAL RESIDENCE, UM, YOU KNOW, OVER AND OVER AGAIN, WE WORKED TO TRY TO GET INTO COMPLIANCE WITH CODE.
AS I MADE, AS I MENTIONED, ALL NONCOMPLIANCE FEES WERE PAID, INCLUDING A FEE THAT WE LEARNED LATER, UM, AND THEY WERE PAID PROMPTLY UPON OUR REQUEST, UH, IN ORDER TO GET INTO COMPLIANCE.
[00:25:02]
WITH BOTH TO REMEDY BOTH THE VIOLATIONS AND TO COMPLY WITH CODE MR. WHEELER AND THE DRAINER GROUP ACTED IN COMPLETE GOOD FAITH TO MAKE SURE THAT HIS PROPERTY WAS IN COMPLIANCE AND THE CITY TOOK NEARLY FIVE MONTHS TO ISSUE THE DENIAL LETTER.SO THE TOTAL TIME FROM THE INITIAL VIOLATION, WHICH WAS IN JANUARY TO THE DENIAL IS 11 MONTHS DURING THIS WHOLE PERIOD, WE WERE LED TO BELIEVE THAT GETTING THE PROPERTY INTO COMPLIANCE WOULD RESULT IN A PERMIT, A LICENSE.
AND THE FACT IS NO ONE AT ANY TIME DURING THAT FIVE MONTH PERIOD SUGGESTED THAT, UH, A LICENSE WOULD NOT BE FORTHCOMING.
SO I'D ALSO LIKE TO JUST LOOK AT CODE BRIEFLY, AND IT SAYS THAT IF A DIRECTOR FINDS IT, AN OWNER HAS VIOLATED THE SHORT-TERM RENTAL CODES LISTED HER SONIA, I'M SORRY, YOUR, YOUR TIME IS UP.
I'D LIKE TO SUMMARIZE QUICKLY THAT THIS IS A TWO STRIKES RULE.
AND IF SOMEONE DOESN'T KNOW ABOUT THE FIRST STRIKE, IT REALLY IS UNFAIR TO APPLY THIS AGAINST THEM.
I'VE SEEN VIOLATIONS GO ON AT THIS COMMISSION FOR MONTHS OR EVEN YEARS.
UH, AND I THINK THE IDEA IS THAT YOU SHOULD PUSH PEOPLE TO GET IN COMPLIANCE, NOT BE PUNITIVE, ESPECIALLY WHEN THEY'VE MADE EVERY EFFORT.
SO FOR THAT REASON, I RESPECTFULLY REQUEST THAT THE DENIAL BE REVERSED ON APPEAL.
UH, COMMISSIONER STOW, STUD, I'M SORRY.
I HOPE I'M NOT JUMPING THAT AGAIN.
UH, CAN WE POSE QUESTIONS TO THE OWNER'S REPRESENTATIVE NOW? OR ARE THERE OTHER, ARE THERE OTHER, UH, STATEMENTS COMING? UH, NO, I BELIEVE YOU'RE GOOD TO GO.
YOU CAN ASK QUESTIONS OF EITHER THE OWNER'S REPRESENTATIVE.
YOU WERE STANDING UP THERE SAYING, ARE YOU OKAY? OR MS. WITH THE CITY.
MADAM CHAIR, THEN I DO HAVE SOME QUESTIONS FROM IT.
I JUST, I WANT TO MAKE SURE I'M UNDERSTANDING, UH, DURING THE, DURING THE PERIOD, YOU CHARACTERIZE YOUR EFFORTS AS ATTEMPTING TO BRING THE, BRING THE PROPERTY INTO COMPLIANCE.
YOU GOT A COUPLE OF SLIDES, ENUMERATING, A BULLETED LIST, SHOWING THE STEPS THAT WERE TAKEN TO DO THAT WITH THAT WAS IF CORRECT ME, IF I'M WRONG.
THAT WAS WHILE THE APPLICATION FOR THE STR LICENSE WAS PENDING.
WELL, SO QUICKLY IN JULY, WE FI WE'VE MADE SURE THAT THERE WAS A COMPLETE APPLICATION AND WHILE IT WAS PENDING, CORRECT.
BUT IT WAS PENDING FOR, FOR ABOUT FIVE OVER FIVE MONTHS, REALLY.
AND SO WHEN YOU SAY, WHEN YOU SAY, BRING IT IN COMPLIANCE, I GUESS WHAT MY QUESTION, BRANDON COMPLIANCE WITH WHAT, I MEAN, LET ME, LET ME TRY TO CLARIFY, WELL, LET ME SCRATCH THAT, WHERE THERE WAS THE PROPERTY BEING USED AS AN SDR.
THAT IS TO SAY WE'RE, UH, I DON'T KNOW WHAT THE RIGHT WORD IS.
GUESTS LESSEES TENANTS AT THE, OUR TIMES, YOU KNOW, STAYING THERE DURING THE, THAT PERIOD.
NO, THEY WEREN'T BY, BY BRINGING TO COMPLIANCE, I MEAN, UH, HAVE ALL THE FEES PAID AND ENSURE THAT ALL THE PROPER SHORT-TERM RENTAL REGULATIONS WERE FOLLOWED SO THAT A LICENSE WOULD BE ISSUED.
SO I GUESS I'M NOT UNDERSTANDING.
I THINK THAT'S, I THINK THAT'S MY ONLY QUESTION PREDOMINANT.
I HAVE A QUESTION FOR MR. ROACH.
UM, AND I BELIEVE THIS IS WHAT I HEARD DURING YOUR PRESENTATION, BUT THE ONLY VIOLATIONS THAT HAVE EXISTED HAVE BEEN FOR ADVERTISING THIS AS AN STR, IS THAT CORRECT AND OPERATING AND OPERATE AND OPERATE.
AND THIS OCCURRED IN JANUARY, THERE WAS A NEW NOTICE OF VIOLATION THAT WAS ISSUED IN JANUARY.
AND THEN WE DID DISCOVER AN ABANDONED APPLICATION FROM THAT SAME MONTH THAT ABANDONED APPLICATION NEVER CAME TO US BECAUSE THEIR FEES WERE NEVER PAID.
AND THAT'S THE TRIGGER FOR IT TO BE TRANSFERRED OVER FROM AUSTIN FINANCE ONLINE TO THE AUSTIN CODE DEPARTMENT.
SO WE NEVER EVEN KNEW HE TRIED TO APPLY BECAUSE HE DID NOT PAY THE FEE AS REQUIRED.
HE ALSO DID NOT UPLOAD ANY OF THE REQUIRED DOCUMENTATION IN JANUARY.
SO WE DIDN'T ACTUALLY RECEIVE THE APPLICATION
[00:30:01]
UNTIL HE STARTED GETTING THE ADMINISTRATIVE HEARING CITATIONS AND HAVING TO GO BEFORE THE HEARING OFFICER.AND THAT'S WHEN IN JULY, HE OPTED TO GO AHEAD AND GO THROUGH THE ACTUAL APPLICATION PROCESS.
AND THEN IT WAS TWO MONTHS FROM THE TIME WE RECEIVED HIS INITIAL SUBMISSION UNTIL THE PACKET WAS COMPLETE WITH THE AUTHORIZED AGENT LETTER.
SO THE VIOLATION OCCURRED IN JANUARY AND IS THERE IS A SECOND VIOLATION THAT OCCURRED.
I KNOW THAT THE, AND THAT WAS SOMETIME DURING THE SPRING OF PULL UP 2021.
UM, WE WE'LL HAVE OUR PRESENTATION THAT GIVES YOU THE DATES OF THE NOTICES OF VIOLATION AND THE DATES OF THE, UM, THE ADMINISTRATIVE HEARING CITATIONS.
ACTUALLY THAT LAST SUMMARY PAGE WILL TELL YOU AS WELL, IT WAS THERE.
SO THERE WAS A NOTICE OF VIOLATION ON JANUARY THE EIGHTH, TWO OCCASIONS ON WHICH THE CITY IS AWARE THAT IT WAS BEING OPERATED AS AN STR AS A SHORT-TERM RENTAL.
AND OUR ENFORCEMENT PROCESS BEGINS WITH THE ISSUANCE OF THE NOTICE OF VIOLATION.
RIGHT? SO IF YOU, IF YOU CAN PULL THAT, IF WE HAVE THAT SUMMARY OF, I GUESS I'M JUST TRYING TO UNDERSTAND, WAS HE, HE WAS ONGOING PROCESS OF MULTIPLE, OR WAS IT JUST TWO TIMES, OR MAYBE ONLY TWO TIMES THAT HE GOT CAUGHT OPERATING AS AN STR THAT'S I'M TRYING TO GAUGE THE, YOU KNOW, YES.
SO IN JANUARY WE VALIDATED THAT HE WAS OPERATING ILLEGALLY, SENT HIM A NOTICE OF VIOLATION THAT WOULD HAVE TOLD HIM TO BRING IT INTO COMPLIANCE, WHICH MEANS STOP USING IT AS A SHORT-TERM RENTAL UNTIL YOU GET YOUR LICENSE.
THEN WE DIDN'T HAVE ANYTHING, ANY COMPLAINTS FOR SEVERAL MONTHS, YOU CAN SEE.
AND THEN WE ISSUED A SECOND NOTICE OF VIOLATION ON FIVE, THREE.
ONCE THAT SECOND NOTICE OF VIOLATION IS ISSUED TO THE SAME OPERATOR FOR THE SAME OFFENSES, WE START ESCALATING AND WE ESCALATED ON 5 22 TO A ADMINISTRATIVE HEARING CITATION.
THEN WHAT, A WEEK LATER THEY WERE STILL OPERATING.
AND SO ANOTHER CITATION WAS ISSUED ON SIX TWO, THE LIABLE FINDINGS WERE, THE CASES WERE HEARD BY THE ADMINISTRATIVE HEARING OFFICERS.
AND THEY WERE FOUND LIABLE, UM, IN JULY OF THAT YEAR.
AND THEN THERE WAS A THIRD CITATION ISSUED IN AUGUST.
UM, BUT THE, UH, WITH ADMINISTRATIVE HEARING CITATIONS, THE CUSTOMERS HAVE AN OPTION TO JUST PAY A FINE AND NOT ACTUALLY GO TO A HEARING.
AND THAT IS THE OPTION THAT THIS PARTICULAR CUSTOMER CHOSE IN THAT.
SO THERE HAVE BEEN A TOTAL OF FIVE, UH, CONFIRMED VIOLATIONS OF THIS PROPERTY FOR THE SHORT TERM RENTAL ORDINANCE.
THAT'S WHAT I WASN'T CLEAR ON.
THERE ARE AT LEAST FIVE SEPARATE INSTANCES OF THIS OCCURRING.
AFTER HE WAS MADE AWARE IN JANUARY OF THE REQUIREMENT TO GET A LICENSE.
THANK YOU, COMMISSIONER MUELLER.
I'M UM, THIS IS A QUESTION FOR STAFF.
SO AT WHAT POINT DID HE GET THE LICENSE? HE DOES NOT HAVE THE LICENSE.
WE DENIED IT FOR A PERIOD OF 12 MONTHS.
SO HE CAN'T GET A LICENSE UNTIL 12 MONTHS AFTER THE LAST VIOLATION, OR WHEN IS, WHEN DOES THAT CLOCK START TICKING? UH, IT WOULD ALREADY HAVE STARTED TICKING AS LONG AS HE HAS 12 MONTHS WHERE HE HAS NOT VIOLATED THE SHORT-TERM RENTAL ORDINANCE CONTIGUOUS 12 MONTHS.
UM, THEN HE CAN REAPPLY FOR THE LICENSE AND FROM WHAT WE KNOW AT THIS POINT, UM, WOULD MOST LIKELY QUALIFY FOR IT, BUT THAT DETERMINATION CANNOT BE MADE UNTIL THE DATE AND TIME AT WHICH WE'RE DOING THE FINAL REVIEW OF THE SUBMISSION.
SO AT THIS POINT, THE LAST CITATION WAS AUGUST 27, IS THAT CORRECT? OR YES.
SO IT WOULD BE, IF THERE ARE NO OTHER VIOLATIONS UNTIL AUGUST 27TH OF THIS YEAR, THEN HE COULD GET A LICENSE AT THAT POINT.
A QUESTION FOR STAFF, THE, UM, THE SECOND, THIRD, FOURTH, FIFTH VIOLATIONS CITATIONS.
WHAT, HOW WAS THAT DETERMINATION MADE? IS IT THAT THERE WAS SOMEBODY ACTUALLY IN THAT PROPERTY LEASING YET? OR IS IT SIMPLY THE FACT THAT IT WAS ADVERTISED ON SOME, AT SOME SITES FOR SHORT-TERM RENTALS THAT TRIGGERS THE CITATION? IS IT, IS THE ACT OF ADVERTISING IT ENOUGH TO, TO KIND OF GET WRITTEN UP OR IS THERE SOME KIND OF FOLLOWUP MECHANISM WHERE, YOU KNOW, THERE WERE ACTUALLY PEOPLE THERE AND THERE SHOULDN'T HAVE BEEN BECAUSE THERE WAS NO LICENSE.
UH, THERE ARE CITATIONS, THERE WERE CITATIONS ISSUED BOTH FOR ADVERTISING AND FOR OPERATING
[00:35:01]
WITHOUT A LICENSE.I BELIEVE TWO OF THE THREE CITATIONS WERE FOR OPERATING AND ONE OF THEM WAS FOR ADVERTISING, BUT YOU DO HAVE COPIES OF THOSE CITATIONS IN YOUR READERS.
AND IT SAYS VERY CLEARLY ON THAT CITATION, WHAT THE VIOLATION WAS.
UM, ONE MORE QUESTION FOR STAFF.
I'M JUST LOOKING AT, UM, ONE OF THE DOCUMENTS IN THE READER AND IT SAYS THAT THERE ARE FOUR SLEEPING ROOMS AND THERE'S AN OCCUPANCY LIMIT OF 16 IS HOW IS THAT DETERMINED? THAT SEEMS LIKE A LOT FOR, UM, IS, IS HOW DOES THAT, THAT WOULD NOT ACTUALLY BE SOMETHING THAT WE WOULD ADDRESS AT THIS TIME AS A RESULT OF A COURT DECISION.
WE DO NOT ENFORCE OCCUPANCY LIMITS VIA THE STR ORDINANCE THAT WOULD BE ENFORCED THROUGH OUR INTERNATIONAL PROPERTY MAINTENANCE CODE.
SO THAT THAT ORDINANCE SECTION WOULD NOT HAVE CORRECT.
WOULD THE COMMISSION LIKE TO CONTINUE ASKING QUESTIONS OR WOULD ANYONE LIKE TO MAKE A MOTION? UM, MAY I JUST MAKE ONE CLARIFYING STATEMENT COMMISSIONERS? UM, I'M FINE WITH THAT.
I THINK THAT YOU SHOULD LOOK AT THE CITATIONS BECAUSE THE WAY I SEE IT, THERE REALLY ARE ONLY TWO VIOLATIONS AND MY CLIENT DIDN'T HAVE ACTUAL KNOWLEDGE OF THIS IN JULY, NOTHING SINCE THEN WAS AN ACTUAL VIOLATION.
UM, IT ISN'T, YOU KNOW, LIKE AN ONGOING, UH, YOU KNOW, PROPERTY THAT HASN'T BEEN FIXING SOMETHING IT'S BEEN SOMEBODY WORKING, UH, TO REMI REMEDY AFTER THAT.
SO I, YOU KNOW, IT'S REALLY EASY TO STACK UP THE CITATIONS CAUSE YOU CAN JUST KEEP BASING THEM OFF THE PRIOR CITATION.
SO, AND, AND THE STATUTE THAT THE CODE DOES SAY AT LEAST TWICE, SO THIS SHOULD ONLY BE USED IN EXTREME CIRCUMSTANCES.
STUFF'S THAT? I'M SORRY TO DOUBLE DIP HERE, BUT IT JUST, I WANT TO JUST BECAUSE MR. JACKSON, YOU CAME BACK TO THE HOLDING.
I AM REVIEWING THESE CITATIONS AS HE'S RECOMMENDING, AND IT LOOKS AS THOUGH THE MOST RECENT ONE, THE AUGUST 27TH, THE OBSERVED VIOLATION DESCRIPTION STATES OPERATING SHORT-TERM, UH, RENTAL, UH, WITHOUT LICENSE.
I MEAN, IT APPEARS AS THOUGH THAT THAT WAS RATHER ACTIVE.
IT DOESN'T APPEAR TO JUST BE ADVERTISING.
AND I, AND I DO SHOW IN THE THROAT RECOMMENDED THAT THERE'S, UH, ONE OF THE PREVIOUS ONES, UH, DID SAY ADVERTISING AS OPPOSED TO OPERATING, BUT THIS, THIS QUITE CLEARLY USES THE WORD OPERATING.
AND SO I GUESS MY QUESTION FROM MR IS HOW DO YOU RECONCILE THAT DESCRIPTION OF VIOLATION WITH YOUR EARLY REPRESENTATIONS THAT DURING THE PERIOD THAT YOUR CLIENT DID HAVE ACTUAL KNOWLEDGE, UH, THAT, UH, WELL, HOW DO YOU RECONCILE THAT? I MEAN, TH THIS, THIS WAS APPARENTLY GOING ON, DO YOU SAY THAT THIS IS INCORRECT? YEAH.
I'LL BE HAPPY TO CHECK AND LOOK IN ON IT.
UM, BUT IT ALSO SHOULD BE IN OUR APPEAL LETTER, WHAT OUR UNDERSTANDING WAS BASED ON EACH TIME PERIOD.
I DON'T HAVE THAT VIOLATION FRONT OF ME EXACTLY RIGHT NOW.
AND THEN, AND THEN I GATHERED THIS, THIS, THIS VIOLATION WOULD ALSO HAVE BEEN THE SUBJECT OF THE EARLIER EARRING AND YOU HAVE TO GET THESE MATERIALS.
I DON'T EVEN HAVE CORRESPONDENCE WHERE WE WERE GIVEN THAT VIOLATION ACTUALLY.
SO, YOU KNOW, I'D HAVE TO GO LOOK, YOU KNOW, THE ONLY WAY WE EVEN FOUND ONE OF THE VIOLATIONS WAS LOOKING ON, UH, THE AMANDA SYSTEM.
SO THAT'S SOMETHING I ACTUALLY CAN'T EVEN ANSWER BECAUSE I HAVEN'T SEEN THAT VIOLATION.
AND I'LL TELL YOU WHAT MY I'LL TELL YOU WHAT MY ISSUE IS.
AND I, I'M NOT WHAT I'M, WHAT I'M STRUGGLING WITH HERE IS YOU PHRASING AND TALKING ABOUT ALL THESE EFFORTS THAT WERE MADE TO BRING, UH, BRING THE PROPERTY AND THE COMPLIANCE, BUT IT'S WRITES ME THAT, THAT THERE WAS NOTHING REALLY WITH WHICH TO COMPLY.
AND SO THE, THE, THE COMPLIANCE MEANS DON'T ADVERTISE, DON'T OPERATE, DON'T HAVE AN STR AND UNLESS, OR UNTIL SOMEBODY TELLS YOU, YOU CAN.
AND, AND THE, WITH ALL OF THESE THINGS IN YOUR BULLETED LIST, THE ONE THING I'M NOT SEEING IS, IS I'M NOT, I'M NOT CONVINCED THAT YOU REALLY SHUT IT DOWN AND THAT THIS WASN'T OPERATING NOT ONLY IN AN UNLICENSED FASHION, BUT DURING A TIME WHEN, UH,
[00:40:01]
YOU KNEW THE LICENSE WAS PENDING, THAT YOU WERE, YOU WERE TRYING TO GET THE LICENSE.AND, YOU KNOW, AGAIN, YOU HAVE TO BEAR WITH US BECAUSE WE TOO WERE PROHIBITED BY OUR OWN, UH, BYLAWS FROM DOING TOO MUCH.
YOU KNOW, CAN'T REALLY LOOK INTO THESE CASES TOO MUCH AHEAD OF, UH, UH, THESE, THESE MEETINGS THAT WE TEND TO GET THE MATERIALS, YOU KNOW, 20 MINUTES BEFORE WE SIT DOWN.
SO I'M KIND OF GOING THROUGH THIS, BUT JUST WHAT I'M SEEING IN THE READER THAT WAS DISTRIBUTED.
I'M THINKING THIS PREVIOUS DECISION OF THE HEARING OFFICER, UM, I'M SEEING A VIOLATION AS LATE AS AUGUST.
IT LOOKS LIKE IT USES THE WORD OPERATING, WHICH I TAKE TO MEAN SOMEBODY WAS ACTUALLY, UM, UH, STAYING THERE.
AND, UM, IF, IF THAT'S WHAT WAS GOING ON, WELL, I'M PERSONALLY NOT INCLINED, UH, TO VOTE IN FAVOR OF ANY APPEAL.
THAT SOUNDS LIKE IT WAS A KNOWING VIOLATION.
AND SO, YOU KNOW, IF, IF THERE IS SOME COMFORT, YOU WOULD GIVE US FOR SOME EXPLANATION FOR THAT DISCREPANCY.
UM, I'M, I'M OPEN TO LISTENING, BUT THAT, THAT LOOKS PRETTY DAMNING TO ME.
LIKE I SAID, I HAVEN'T SEEN THAT VIOLATION ALL I HAVE, OR MOSTLY WHAT I HAVE ARE ALL CORRESPONDENCES BETWEEN, YOU KNOW, MY LAW FIRM AND THE CITY ATTEMPTING TO COMPLY EVERY TIME.
THE ONLY THING I, THE ONLY THING I SEE AFTER, UH, JULY IS, UM, A DISPUTE AN OCTOBER 19TH, THERE WAS A DISPUTE ABOUT WHETHER A PROPERTY LISTING HAD BEEN PROPERLY DEED LISTED.
IT WAS SNOOZED RATHER THAN PERMANENTLY REMOVED, WHICH WAS REMEDIED.
UM, SO, YOU KNOW, I ACTUALLY WOULD LIKE TO SEE THAT AUGUST 8TH, UH, CITATION MYSELF.
WELL, I MEAN, I, I SUPPOSE IF SOMEBODY WOULD BE, WOULD LIKE TO CALL, UM, IF YOU WANT TO COME, THE COMMISSIONERS WOULD LIKE TO ASK MR. ROSE TO COME BACK AND WE COULD EXHIBIT THAT, THAT, THAT PART ON THE SCREEN AGAIN, THAT'S FINE.
I I'M, I'M PERSONALLY NOT GOING TO DO THAT.
I'M GOING TO GO AHEAD AND YIELD BACK.
UH, UH, THANK YOU, MR. , UM, FOR YOUR TESTIMONY.
UM, WOULD ANYONE LIKE TO SEE THAT AUGUST 8TH? I THINK I WOULD LIKE TO, IF YOU HAVE AN AVAILABLE MR. ROACH, OR IF WE CAN FIND IT IN THE LEADERS, THE AUGUST 8TH CITATION.
I WOULD LIKE TO ACTUALLY, I'D LIKE TO OFFER JUST SOME CLARIFICATION REGARDING THE DOUBLE ONE CITATION LEADS TO ANOTHER.
UM, THERE IS ONLY ONE CITATION ISSUED FOR OPERATING WITHOUT A LICENSE PER GROUP OF GUESTS.
SO IF OUR INSPECTOR GOES BY ON WEEKEND ONE AND MEETS THE PEOPLE AND THEY SAY, YES, WE'RE RENTING THIS.
AND HE ISSUES A CITATION, THAT'S IT FOR THE WEEKEND.
AND THEN HE GOES BACK THE NEXT WEEKEND, IF IT'S THE SAME GUEST, HE DOESN'T ISSUE A CITATION, BUT IF THERE'S A NEW SET OF GUESTS IN THERE, HE'S GOING TO ISSUE THE SECOND CITATION BECAUSE IT'S A SEPARATE SET OF GUESTS THAT ARE STAYING IN THE PROPERTY.
SO WE'RE VERY CAREFUL NOT TO JUMP DOUBLE JEOPARDY AND SITE PEOPLE FOR THE SAME GROUP OF RENTERS STAYING IN THE PROPERTY OVER MULTIPLE WEEKENDS.
THANK YOU FOR THE CLARIFICATION.
AND THEN, UM, DID WE FIND THE CITATION, UM, UM, LOOKING, UM, MADAM CHAIR, IT'S PAGE 20 AND THE READER.
I DO SEE A VIOLATION DATE OF 8 27.
THAT'S I BELIEVE THAT'S THE ONE HE'S REFERRING TO R A 17 CITATION 1, 4 7 0 4.
THAT'S THE, UM, YES, THAT IS THE CITATION THAT THE PROPERTY OWNER OPTED NOT TO ATTEND THE HEARING AS HE HAD THE PREVIOUS TWO.
UM, AND HE JUST WENT AHEAD AND DID THE MAIL IN PENALTY.
WHICH EQUATES TO A LIBEL FINDING.
AND IT, IT STATES IT WAS OPERATING SHORT-TERM RENTAL LESS THAN 30 CONSECUTIVE DAYS WITHOUT APPROPRIATELY LICENSE ISSUED, WHICH SOUNDS VERY MUCH LIKE IT WAS OCCUPIED BY SHORT-TERM RENTERS.
WHEN THE, WHEN THE NOTICE IS SENT OUT, UM, BESIDES THE CITATIONS THAT ARE POSTED ON THE PROPERTY ITSELF, WHEN THE LETTERS ARE SENT OUT, ARE THEY SENT TO THE PROPERTY ADDRESS AS WELL AS ANY DESIGNATED ADDRESSES OR DOES IT JUST GO STRAIGHT TO THE PROPERTY ADDRESS ITSELF? IT WOULD BE SENT TO THE PROPERTY ADDRESS AND THE MAILING
[00:45:01]
ADDRESS OF THE OWNER, ACCORDING TO THE, UH, TAX AUTHORITY, LOCAL TAX AUTHORITY IN THIS CASE, TIKA.AND SO THE LETTERS WOULD HAVE BEEN SENT TO BOTH LOCATIONS AND MOST LIKELY POSTED ON SITE AT THE ADDRESS AS WELL.
KEEP IN MIND THAT, UM, THIS PROPERTY FOR A TYPE ONE LICENSE IS SUPPOSED TO BE OWNER OCCUPIED.
SO IN THEORY, YOU MAIL IT TO THE SITE AND THE OWNER GETS IT.
SO FELLOW COMMISSIONERS, WE HAVE THREE CHOICES HERE.
WE CAN UPHOLD STAFF'S RECOMMENDATION TO DENY THE APPEAL.
UH, WE CAN GO AGAINST STAFF'S RECOMMENDATION AND GO AHEAD AND NOT SURE WHAT THAT WOULD BE, AND IT WOULD BE ALLOW THEM TO GO AHEAD AND GET A, AN STR LICENSE, OR WE COULD DO NOTHING, WHICH IN EFFECT WOULD THE DENIAL WOULD STAND.
SO WOULD ANYONE LIKE TO MAKE A MOTION? YES.
I'M NOT QUITE READY TO MAKE A MOTION, BUT WHAT I DO FEEL LIKE, I THINK WE OPENED UP ANOTHER VIOLATION BY HIM NOT HAVING ANYONE LIVING UP THERE PERMANENTLY.
WE DON'T FEEL WE CAN ADDRESS THAT THIS EVENING SAYING THAT, BUT IT WAS KIND OF MUDDY UP THE WATERS IF THEY WERE HOLIER THAN NOW AND WAS TRYING TO DO EVERYTHING RIGHT.
BECAUSE THE, I THINK THE MAIN, THE CRUX OF THE, THE ATTORNEY'S ARGUMENT WAS THAT THEY DIDN'T REALIZE THAT THERE WERE ANY VIOLATIONS AFTER JULY.
SO IF THOSE WERE BEING POSTED AT THE PROPERTY ADDRESS AND IT'S SUPPOSED TO BE OWNER OCCUPIED, THEN SURELY SOMEBODY SAW THOSE POSTINGS.
I'D LIKE TO MOVE TO CLOSE THE PUBLIC HEARING AND ACCEPT STAFF'S RECOMMENDATION SECOND.
DO WE NEED TO DISCUSS FURTHER? ARE WE READY TO READY FOR ME TO CALL THE QUESTION? OKAY.
SO ALL IN FAVOR OF UPHOLDING STAFF'S RECOMMENDATION, WHICH IS TO DENY THE STR LICENSE, UM, ACTUALLY I WILL DO THIS VIA ROLL CALL.
IF YOU ARE IN FAVOR, PLEASE SAY AYE OR YES.
UM, THIS IS AN APPEAL, SO YOU'RE VOTING TO UPHOLD THE APPEAL AND GRANT THE APPEAL OR DENY THE APPEAL.
WE WE'RE VOTING TO AFFIRM'S STAFF'S RECOMMENDATION, WHICH IS TO DENY THE APPEAL.
THANK YOU FOR THE CLARIFICATION.
SO YOU'RE GRANTING TO DENY THE APPEAL OR YOUR VOTING TODAY.
YOU ARE VOTING TO DENY THE APPEAL.
COMMISSIONER GREEN BORDEN DID DENY THE APPEAL A MADAM CHAIR.
COMMISSIONER STOVES THAT, UH, VOTING TO DENY THE APPEAL MANAGER.
COMMISSIONER MUELLER VOTING TO DENY THE APPEAL.
SOUND VOTE TO APPEAL THE APPEAL.
I MEAN, TO DENY THE APPEAL TO A WHOLE, THE ORDER OR TO GO WITH STAFF'S RECOMMENDATION, WHICH WAS TO DENY THESE.
I VOTE TO SUPPORT THIS STAFF RECOMMENDATION TO DENY.
AND I ACTUALLY VOTE TO GRANT THE APPEAL AS WELL.
SO THAT IS SIX TO TWO BY MY ACCOUNT.
UM, SO THE APPEAL IS DENIED AND, UH, YES, WE WISH YOU THE BEST OF LUCK.
[1. Case Numbers: CL 2022-002066; CL 2022-002070; CL 2022-002076; CL 2022-002087; CL 2022-002099; CL 2022-002119; CL 2022-002132; CL 2022-002136; and CL 2022-002149 (Part 1 of 2) ]
OKAY.UM, MS. ALLIE, WE READY TO MOVE ON TO ITEM NUMBER ONE? YES.
ONLY GET, AND I KNOW WE HAVE A NUMBER
[00:50:01]
OF PEOPLE PRESENT FOR NUMBER ONE.NEXT ON THE AGENDA IS ITEM NUMBER ONE.
UM, IT'S A COMMERCIAL MULTI-FAMILY CONDOMINIUM PROPERTY LOCATED AT 6 9 0 3 DEATON HILL DRIVE.
ALSO KNOWN AS FLAGSTONE TERRACE CONDOMINIUMS. TONIGHT.
YOU WILL BE CONSIDERING THE EXTERIOR OF BUILDINGS, ONE THROUGH EIGHT AND COLLECTIVELY ALL COMMON AREAS, INCLUDING THE EXTERIOR BUILDING NINE, WHICH IS THE POOL HOUSE.
THE CASE NUMBERS ARE AS FOLLOWS.
ONE IS MADE UP OF UNITS ONE THROUGH THREE AND COMMON AREAS.
BUILDING TWO IS MADE UP OF UNITS FOUR THROUGH EIGHT AND COMMON AREAS.
BUILDING THREE IS MADE UP OF UNITS NINE THROUGH 13 AND COMMON AREAS.
BUILDING FOUR IS MADE UP OF UNITS 14 THROUGH 19 AND COMMON AREAS.
BUILDING FIVE IS MADE UP OF UNITS 2027 AND COMMON AREAS.
AND IS SEAL 20 22 0 0 2 0 9 9.
BUILDING SIX IS MADE UP OF UNITS 28 THROUGH 35 AND COMMON AREAS.
BUILDING SEVEN IS MADE UP OF UNITS 36 THROUGH 43 AND COMMON AREAS.
BUILDING EIGHT IS MADE UP OF UNITS 44 THROUGH 49 AND COMMON AREAS IN HIS SEAL, 20 22 0 0 2 1 3 6.
AND BUILDING NINE IS THE COMMONLY OWNED POOL HOUSE.
AND IS CL 20 22 0 0 2 1 4 9, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE OR READER IN A FOLDER ENTITLED 6, 9 0 3 DEATON HILL DRIVE.
UM, LET'S REVIEW A FEW FACTS ABOUT THIS CASE.
THIS IS A COMMERCIAL MULTIFAMILY PROPERTY WITH A TOTAL OF 49 INDIVIDUALLY OWNED CONDOMINIUM UNITS.
TONIGHT, WE ARE ADDRESSING THE, UH, THE EXTERIOR OF THE UNITS IN COMMON AREAS, DESIGNATED AS BUILDINGS, ONE THROUGH NINE, AND MAKE-UP NINE SEPARATE CASES.
THE CASES WERE OPENED AND SUBSEQUENTLY ESCALATED TO BSC IN 2019 FOR STRUCTURAL VIOLATIONS, WHICH REQUIRE REPAIR IN THE GOOGLE DRIVE FOLDER OR READERS.
YOU'LL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES, ODD NUMBERED EXHIBITS, ONE THROUGH 17, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND A STRUCTURAL MAP OF THE PROPERTY.
EVEN NUMBERED EXHIBITS TWO THROUGH 18, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
AUSTIN CODE INSPECTOR, JOHN RODRIGUEZ IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.
INSPECTOR RODRIGUEZ, PLEASE BEGIN YOUR TESTIMONY.
I'M A CODE OFFICER WITH THE CITY OF AUSTIN AND ASSIGNED TO PRESENT THIS CODE VIOLATION CASE AT THE PROPERTY LOCATED AT 6,903 DEATON HILL DRIVE.
THIS CASE HAS BEEN MANAGED BY CODE INVESTIGATOR, ERICA THOMPSON, BUT I WILL BE PRESENTING THIS CASE ON HER BEHALF.
I'VE MADE SEVERAL ON-SITE INSPECTIONS OR EXCUSE ME, I'VE MADE ONSITE INSPECTIONS AND ARE FAMILIAR WITH THE PRESENT CONDITIONS AT THIS PROPERTY.
THIS THREE STORY CONDOMINIUM COMPLEX IS CONNECTED VIA EXTERIOR BREEZEWAYS.
THERE ARE 49 UNITS THAT ARE ALL INDIVIDUALLY OWNED.
THE TRAVIS COUNTY APPRAISAL DISTRICT INDICATES THAT THIS PROPERTY WAS BUILT IN 1983.
THE PROPERTY HAS HAD SOME MAINTENANCE WORK DONE, BUT AS OF TONIGHT, IT STILL REMAINS IN A DANGEROUS STRUCTURAL CONDITION.
THE CODE DEPARTMENT RECEIVED ITS FIRST CASE FOR THIS PROPERTY, FOR THE FOLLOWING COMPLAINT, LOOSE WOODEN AND IRON BALCONIES AND RAILINGS LOOSE STAIRWELLS CRUMBLING, CONCRETE, A HEALTH CODE VIOLATION STICKER AT THE POOL AND INITIAL INSPECTION WAS CONDUCTED ON APRIL 9TH, 2018.
AND THE FOLLOWING VIOLATIONS WERE OBSERVED.
SWIMMING POOL HAD LATCHES THAT WERE NOT SELF-CLOSING SELF LATCHING.
THERE WERE DOWNSPOUT WATER DIVERTERS PROTRUDING, AND TO THE COMMON WALKWAYS UNDER SOME OF THE COMMON BREEZEWAYS TO PROTECTIVE TREATMENT WAS MISSING.
MANY OF THE HANDRAILS AND STAIRWELLS, UH, HAD BROKEN OR ROTTED WOOD
[00:55:01]
AND WERE LOOSE FROM THEIR ANCHORAGE POINTS, UM, LOOSE CABLE WIRES ON THE GROUND, NEAR THE POOL AREA, JUNK AND DEBRIS AND THE PARKING LOT UPON RESEARCH IN THE CITY'S PERMIT DATABASE, THE PROPERTY WAS FOUND TO HAVE SEVERAL EXPIRED PERMITS FOR PREVIOUS WORK THAT WAS CONDUCTED.THE CODE DEPARTMENT OPENED UP EIGHT ADDITIONAL CASES TO SEPARATE THE PROPERTY BY BUILDING, IN ORDER TO TRACK THE VIOLATIONS AND ANY REPAIRS MADE.
THERE HAS BEEN A LOT OF TURNOVER IN PROPERTY MANAGEMENT AND MAINTENANCE WORKERS.
SINCE THE ORIGINAL COMPLAINT, EACH TIME A NEW OWNER WAS VERIFIED, WE WOULD BRIEF THE NEW STAFF ON THE ISSUES AND MEET THEM ONSITE TO VERIFY AND DISCUSS THE VIOLATIONS EACH TIME WITH THE REASSURANCE THAT THEY WOULD BEGIN WORKING ON THE ISSUES IMMEDIATELY WHILE THERE DOES THIS, WHILE THERE DOES SEEM TO BE SOME REPAIRS MADE MOST ARE EITHER INADEQUATE OR NOT DONE IN A WORKMAN-LIKE MANNER.
WE HAVE REQUESTED TO RECEIVE AN ENGINEER'S REPORT REGARDING THE SAFETY OF THE FOUNDATION.
AND I HAVE YET TO RECEIVE ANYTHING OVER THE LIFE OF THIS CASE.
THE CODE DEPARTMENT HAS PERFORMED SEVERAL FOLLOW-UP INSPECTIONS AND MANY TIMES THERE ARE NEW THINGS IN VIOLATION OR IN DISREPAIR ON FEBRUARY 25TH, 2021, WE RECEIVED A THREE ONE, ONE CALL FOR A DANGEROUS CONDITIONS REGARDING FALLING STAIRS.
UPON ARRIVAL INSPECTORS OBSERVED THE STAIRCASE TO BE BOARDED UP.
AND THE STAIR TREAD HAD BEEN BROKEN.
THE STAIRCASE REMAINS IN DISREPAIR AND IS BEING SUPPORTED BY TEMPORARY METAL ADJUSTABLE BRACING.
THE CODE DEPARTMENT PLACED CAUTION TAPE AROUND THE STAIRCASE AND PLACED A YELLOW PLACARD ON-SITE WARNING OF THE DANGEROUS CONDITIONS.
SOME, THIS PROPERTY HAS SOME OF THE ORIGINAL STAIRCASES, WHICH ARE CONSTRUCTED CONSTRUCTED OF WOOD.
SOME OF THE STAIRCASES HAVE IN PLACE HAVE BEEN REPLACED WITH METAL FRAMING AND CONCRETE LANDINGS.
HOWEVER, NO PERMITS WERE OBTAINED FOR THE REPLACEMENT OF ANY OF THE STAIRCASES.
AND MANY OF THEM ARE NOT ATTACHED CORRECTLY OR HAVE MISSING NUTS BOLTS.
AND BRACINGS OBTAINING AND FINALIZING TRADE PERMITS WITH THE DEVELOPMENT SERVICE DEPARTMENT IS VERY IMPORTANT REQUIREMENT WHEN REPAIRS OR RENOVATIONS OCCUR AT A PROPERTY.
IT ENSURES THAT THE CONTRACTOR OBTAINING THE PERMIT IS REGISTERED WITH THE CITY OF AUSTIN AND ALSO VALIDATES THAT THE CONSTRUCTION IS BEING PERFORMED, THAT THE CONSTRUCTION BEING PERFORMED IS UP TO BUILDING CODES AND AN OCCURRING IN A SAFE AND WORKMAN LIKE MANNER AT THIS TIME, THE MOST CONCERNING DANGEROUS VIOLATIONS ON THE PROPERTY ARE THE STAIRCASES RAILINGS, LANDINGS, AND THE FOUNDATIONS.
I'LL NOW TAKE YOU THROUGH THE PHOTOS.
SO A CONTEXTUAL PHOTO OF THE PROPERTY, 6,903 D NEIL DRIVE.
THIS IS A BUILDING ONE CONTEXTUAL PHOTO IN TWO B AND TWO C TWO D SHOWING THE WALKWAY, THE COMMON WALKWAY AREA, THE CONCRETE, UH, ERODING THERE, UM, MAKING IT, UH, A VIOLATION FOR UNSAFE WALKING SURFACES NEXT, UH, NEXT, UH, THIS IS BUILDING TWO FOR A CONTEXTUAL PHOTO OF THE PROPERTY.
UH, FOUR B IS THE, UH, BUILDING WHERE THE STAIRCASE, UH, WAS IN VIOLATION.
YOU SHOW HERE THE, UH, TEMPORARY METAL SUPPORT COLUMNS THAT WERE PLACED, UH, FOUR D SHOWING A, UH, CHIMNEY STACK WITH HOLES AND DETERIORATION ON THE SIDE.
NEXT SLIDE PLEASE, UH, FOR AGES, UH, SHOWING AGAIN THAT, THAT VIOLATION THERE WITH THE BUILDING AND THE CHIMNEY STACK, UH, FOR F SHOWING A COMMON WALKWAY, UH, SHOWING THE CONCRETE WALL, THERE HAS FALLEN OFF SHOWING THE CRACKS THROUGHOUT THE ENTIRE PROPERTY FOR G UH, SHOWING THE FOUNDATION, UM, AND CRACKS.
AND THE SUPPORT COLUMNS FOR THE RAIL POSTS FOR THE STAIRS ARE ACTUALLY MISSING THEIR SUPPORT SCREWS FOR ASIA SHOWING A VISUAL OF THE CRACKS THAT WERE IDENTIFIED THERE.
THIS IS BUILDING THREE UNITS, NINE THROUGH 13, UH, SIX A IS A PHOTO OF THE STAIRCASE, UH, THAT WAS CALLED IN.
UM, IT DOES SHOW THE YELLOW DANGEROUS PLACARD THAT WE POSTED THERE AS WELL.
UH, FOUR B IS A SHOWING THE TEMPORARY, UH, SUPPORT COLUMNS THAT WERE PLACED THERE FOR C SHOWING SOME OF THE REPAIRS THAT WERE MADE, UH, TO THAT WOODEN STAIRCASE INSPECTOR RODRIGUEZ.
[01:00:01]
I THINK WE'RE LOOKING AT SIX AND OH, EXCUSE ME.SIX, SIX B AND SIX C MY APOLOGIES TO MAKE SURE WE WEREN'T MISSING SOMETHING.
AND, UH, 60 SHOWING THE, UH, UNDERNEATH THE STAIRCASE, UH, WITH THE LANDINGS THERE, UM, THE STAIR TREAD, THAT'S A DILAPIDATED NEXT SLIDE, 10, EIGHT SHOWING A CONTEXTUAL PHOTO, UH, 10 B SHOWING THE DOWNSPOUT FOR THE, UM, RAIN GUTTERS.
THAT'S, UH, THIS ATTACHED FROM THE, THE BUILDING.
UH, IT LOOKS LIKE SOME ISSUES WITH THE CHIMNEY THERE AS WELL, A TENANCY SHOWING THE PROTECTIVE TREATMENT THAT IS MISSING UNDER THE COMMON, UH, WALKWAYS AND 10 D UH, SHOWING THE EXPOSED ELECTRICAL WIRING THERE IN THE COMMON AREAS.
UM, YOU KNOW, THERE W WE DON'T KNOW WHAT THE CONDITION OF THE WIRES ARE IF THEY'RE, UH, LIVE WIRES, BUT, YOU KNOW, IT'S A DANGEROUS THAT THEY ARE EXPOSED IN THE COMMON AREAS LIKE THAT.
10 E AGAIN, SHOWING SOME ELECTRICAL WORK THAT AS ARE, UH, HAS NOT BEEN COMPLETED SHOWING THE EXPOSED WIRING, UH, 10 F DOES SHOW.
I BELIEVE THIS WAS, UM, A REPAIR THAT WAS MADE WHERE THE PROTECTIVE SHEETING WAS PLACED BACK, UH, 10 G AND 10 H SHOWING A, UH, REPAIR FOR THE CEMENT WALKWAY THERE.
UH, 10 EYES SHOWING THAT STAIRCASE AND THE SUPPORT COLUMNS THERE FOR THE SECOND STORY, 10 J SHOWING THE, UH, STAIRS, UM, BALLISTERS THAT ARE ROTTED AND DILAPIDATED.
UM, THE ANCHORAGE POINTS AS WELL, UH, 10 K SHOWING A REPAIR THAT WAS MADE TO THE SEMEN WALL, UH, IN THE PARKING LOT, UH, LEADING UP TO THAT COMMON WALKWAY, NEXT SLIDE, PLEASE, SIX E SHOWING THE STAIRCASE AND DISREPAIR.
YOU CAN SEE THE ROTTED WOOD, UH, STAIR TREADS, UH, WHEN WALKING ON IT, YOU KNOW, UNEVEN, UH, NOT SECURED CORRECTLY, UH, SIX G AND SIX H SHOWING, UH, JUST OTHER ANGLES OF THAT.
IT STAIRCASE AGAINST SIX, EIGHT.
YOU CAN SEE THAT IT WAS, UH, UH, ATTEMPTED REPAIR TO BE MADE.
SIX, I SHOWING THAT IT WAS, UH, BLOCKED OFF FROM HAVING ACCESS TO THAT UNIT SIX J UM, SHOWING THE, UH, COMMON WALKWAY THERE IT'S UNEVEN 6K SHOWING THE STAIRCASE, UH, WHERE THE PLACARD WAS PLACED THAT SHOWS SOME TEMPORARY BRACING, UH, THAT WAS PLACED UP AS WELL, SIX L SHOWING, UM, THE BALLESTER A WOODEN BALLESTER THAT WAS DISATTACHED FROM THE TOP RAIL PLATE, UM, SHOWING IT EXPOSED THERE.
UM, IT'S KIND OF HARD TO TELL IN THE PHOTOS, BUT THERE ARE SOME, UH, EXPOSED NAILS THERE AS WELL.
UH, SIX M IS SHOWING A SECOND STORY BALCONY.
UM, YOU CAN SEE IN THE MIDDLE OF THE PHOTO THERE, UH, THE, UH, SUPPORT FOR THE SCREWS FOR THAT BALLESTER, UH, HAVE COME UNDONE FROM THE, UH, BOTTOM RAIL, SIX N AND SIX, OH, ARE THE SAME, UM, CONDITION OF A MISSING BALANCER WITH, UH, NAILS EXPOSED THERE IN THE COMMON AREAS.
I WAS BUILDING FOUR UNITS, 14 THROUGH 19 EIGHT, A CONTEXTUAL PHOTO OF THAT BUILDING.
WE DO HAVE, UM, SOME REPAIRS THAT, UH, OR POSSIBLY MADE.
I DON'T HAVE THE, UH, TIMESTAMP OF WHEN THOSE REPAIRS MIGHT'VE BEEN ATTEMPTED.
UH, BUT IT IS SHOWING THAT IT'S, IT IS NOT COMPLETED, UH, EIGHT C AND EIGHT D UNDER THAT FOUNDATION FOR THAT BUILDING.
UH, EIGHT E SHOWING, UH, EROSION OF THE CONCRETE, UH, AND THE FOUNDATION THERE AT THAT PROPERTY, EIGHT F SHOWING A LEANING, A RETAINING WALL AS WELL ON THE PROPERTY.
SO IT'S BUILDING FIVE UNITS, 23, 27, UH, 10, A, UH, CONTEXTUAL PHOTO, 10 B SHOWING AGAIN THE, UH, CONDITION TO THE CHIMNEY STACK THERE AND THE, UH, GUTTERS COMING OFF FROM THEIR ANCHORS POINTS, UH, 10, C AND 10 D ON THOSE, UH, SHOWING THE EXPOSED WIRING THROUGHOUT THE, UH, THE COMMON AREAS THERE.
[01:05:03]
10 E AND 10 F UH, AGAIN, SHOWING THAT, UM, EXPOSED WIRING THERE AND 10, UH, G AND H UH, THROWING THE REPAIRS OF THE COMMON AREAS, UH, FOR THE WALKWAY X I PLEASE, UH, 10 I 10 J AND 10 K UH, SHOWING THE EXTERIOR WALKWAYS, THE SUPPORT COLUMNS FOR THE STAIRS AND THE, UH, CONCRETE THAT WAS REPLACED THERE, UH, IN THE PARKING LOT, LEADING UP TO THE COMMON WALKWAY.UH, THIS IS DANGEROUS CONDITIONS.
UH, 12 A AND 12 B ARE SHOWING THE, UH, COMMON WALKWAY FROM THE PARKING LOT, LEADING UP TO THOSE UNITS.
UM, YOU CAN SEE THE CRACKS IN THE FOUNDATION ARE VERY SUBSTANTIAL.
THE 12 B PHOTO SHOWING THAT THE, UM, STILL RAILING LEADING UP TO THOSE UNITS, UM, IS COMPLETELY DISATTACHED FROM THE CONCRETE BASE, UM, AND IS LEANING OVER, UH, 12, C AND 12 D UH, SHOWING THE DETERIORATION AND THE, OF THE, UH, FOUNDATION AND THE CONCRETE WALL IN THERE.
12 E SHOWING THE CRACKS THROUGHOUT THE FOUNDATION THERE, UH, 12 F SHOWING THE CHIMNEY STACK AND DISREPAIR, AS WELL AS THE BRACING FOR THE, UH, GUTTER SYSTEM, 12 G AND 12 H UH, THIS PARTICULAR BUILDING HAS, UH, HAD THE ORIGINAL WOODEN STAIRCASE REPLACED, UH, DOES SHOW HERE, UM, THE BRACING AND THE, UH, ANCHORAGE POINTS, UM, THAT WEREN'T DONE CORRECTLY AND 12 G AND 12 H UM, NEXT SLIDE, PLEASE.
THIS IS BUILDING SEVEN UNIT 36 THROUGH 43, I BELIEVE.
UM, 12, EIGHT CONTEXTUAL 14, EXCUSE ME.
IT WAS A CONTEXTUAL PHOTO OF THE BUILDING, AS WELL AS 14 B SHOWING THE STAIRCASE THAT WAS REPLACED, UM, 12 C SHOWING THE, UH, DETERIORATION OF THE BALLISTERS, THE WOODEN BOUNCERS AND THE WOODEN BALCONY THERE AT THAT BUILDING, UH, 14 D AGAIN, A UP OF, UH, THE, UH, SOME OF THE WOODEN BALLISTERS THAT AREN'T ANCHORED CORRECTLY TO THE, UH, TOP AND BOTTOM RAILING.
UH, 14 E UM, IN 14 F IS A CLOSE UP THERE SHOWING THE, UH, SCREWS AND ANCHORS PORN SET ARE COMING ACROSS FROM THE TOP RAILING ON THE SECOND STORY BALCONY.
SO BUILDING EIGHT UNITS, 14 FOUR THROUGH 49, 16, A CONTEXTUAL PHOTO 16 B SHOWING THE STAIRCASE THAT, UH, WAS REPAIRED, OR EXCUSE ME, REPLACE, UH, WITHOUT ANY PERMITS, UH, 16 C SHOWING THAT STAIRCASE AND 16 D UH, SHOWING THE LEANING, UM, RETAINING WALL ON THE PROPERTY.
UM, THIS IS BUILDING NINE, THE POOL HOUSE, UH, 18 A SHOWING A CONTEXTUAL PHOTO OF THE PROPERTY, OR EXCUSE ME OF THAT BUILDING 18, B 18, C AND 18 D ARE THE STAIRCASE LEADING TO THE SECOND STORY ON THAT WHOLE HOUSE.
UM, THE STAIRCASE DOESN'T HAVE ANY ANCHORAGE TO THE ACTUAL BUILDING ITSELF, UM, EXCEPT FOR THE TOP STAIR LANDING AND, UM, THE BOTTOM SUPPORT.
SO IT'S NOT ACTUALLY CONNECTED TO THE BUILDING AT ALL.
UM, OR IT MIGHT'VE BEEN AT ONE POINT, BUT ISN'T A LONGER, UM, SHOWING THE DANGEROUS CONDITIONS OF THAT STAIRCASE.
AND, UM, 18 E 18 F IS SHOWING THE, UM, CONDITION OF THE CONCRETE, UH, COMMON WALKWAY LEADING UP TO THE COMMUNITY POOL.
UM, YOU KNOW, BEING THAT IT'S, UH, UH, AN, UH, EGRESS TO THE COMMUNITY POOL AND THE CONDITION THAT THAT'S IN, UH, IT'S VERY DANGEROUS OF COURSE, WITH, YOU KNOW, PEOPLE MOST LIKELY, UH, BEING BAREFOOT, UH, NEAR THE POOL.
SO IT'S, UH, IT'S VERY DANGEROUS.
[01:10:02]
NEXT SLIDE, PLEASE.THAT CONCLUDES MY PRESENTATION.
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 IN A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 18 F CONSISTING OF ALL ODD NUMBERED EXHIBITS, ONE THROUGH 17, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS, AND EVEN NUMBERED EXHIBITS TWO THROUGH 18, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST ALL OF THE RECOMMENDED ORDERS OF THE SAME FOR ALL NINE BUILDINGS.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER FOR THE CASES REGARDING THE EXTERIORS OF BUILDINGS, ONE THROUGH NINE, WITH THE UNDERSTANDING THAT WE ARE REQUESTING SEPARATE ORDERS FOR EACH OF THE NINE CASES.
YES, THAT WOULD BE, THAT WOULD BE GREAT.
THANK YOU, STAFF REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL NINE CASES REGARDING THE EXTERIORS OF BUILDINGS.
ONE THROUGH EIGHT AND THE EXTERIOR OF BUILDING NINE, THE POOL HOUSE, AND IN EACH CASE ORDER THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN, GO TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE THROUGH 18 F AND NOW WE WOULD LIKE TO HEAR FROM THE HOMEOWNERS.
WE GET TO, UH, ASK, UH, THE CODE OFFICER, ANY QUESTIONS BEFORE I'D LIKE TO WAIT UNTIL AT LEAST WE'VE HEARD FROM THE, UM, HOA BOARD PRESIDENT.
AND THEN PERHAPS BEFORE WE HEAR FROM THE INDIVIDUAL HOMEOWNERS, THAT MIGHT BE A GOOD TIME TO PAUSE AND ASK QUESTIONS OF STAFF.
AND IS THERE ANYONE ELSE HERE, UM, WHO IS ALSO A DECISION MAKER? YOU KNOW, SORT OF PROPERTY MANAGER.
OR ANYONE ELSE FROM THE BOARD? FROM THE BOARD.
WHEN, WHEN YOU COME TO THE MICROPHONE, MAYBE YOU COULD JUST TELL ME WHAT THEIR NAMES ARE AS WELL, AND THEN I'LL CALL THEM UP NEXT.
UM, AMY, AMY JONES IS ON THE BOARD AND JOHNNY HOLDEN IS ON THE BOARD.
I DON'T HAVE AMY JONES LISTED.
I DON'T KNOW IF JOHNNY DID OR NOT.
UM, SO MS. MORRIS, IF YOU COULD, I KNOW YOU PROBABLY HAVE QUITE A BIT TO SAY HERE AND WE DEFINITELY WANT TO HEAR IT, BUT WE ESPECIALLY WOULD LIKE TO KNOW WHO, WHO CAN MAKE DECISIONS.
AND WE'D CERTAINLY LIKE TO KNOW A LOT ABOUT THE KIND OF THE LEGAL ENTITIES, LIKE WHO'S ULTIMATELY RESPONSIBLE FOR THE EXTERIOR OF THE BUILDINGS.
SO, BUT ANYWAY, PLEASE GO AHEAD.
I'M THE NEW PRESIDENT OF THE FLAGSTONE TERRACE CONDOMINIUM BOARD.
FLAGSTONE TERRACE IS AN AFFORDABLE PLACE TO LIVE WITH A VARIETY OF OWNERS AND RESIDENTS, FAMILIES WITH YOUNG CHILDREN, MOTHERS, MOTHERS IN LAW, SHUT-INS RESTAURANT WORKERS, GOVERNMENT, EMPLOYEES, AND RETIREES ON FIXED INCOMES.
IT'S A COMMUNITY OF FIRST TIME, HOME BUYERS, YOUNG FAMILIES, AND THE YOUNG AT HEART LIVING TOGETHER, LOSS OF THEIR CERTIFICATE OF OCCUPANCY WOULD PLACE 49 OWNERS OR TENANTS OUT OF THEIR HOMES INTO AN OVERBURDENED HOMELESS SITUATION IN AUSTIN PENALTY FEES WILL SIGNIFICANTLY IMPACT FLAGSTONES ABILITY TO RAISE FUNDS, TO REMEDIATE THE CODE VIOLATIONS.
THERE ARE OTHER FACTORS THAT FLAGSTONE IS WORKING TO OVERCOME AND INATTENTIVE AND POORLY MANAGED HOA FAILED TO ADDRESS THE CODE VIOLATIONS UNTIL THIS YEAR.
THIS HAS BEEN DUE TO PAST HOA BOARD MEMBERS NEGLECTING THEIR RESPONSIBILITIES IN EFFECTIVE SUPERVISION OF THE MANAGEMENT COMPANY.
DISRUPTIONS CAUSED BY THE PANDEMIC AND THE CONSTRUCTION SUPPLY CHAIN SLOWING DOWN
[01:15:01]
THE PROBLEMS HAVE BEEN EXACERBATED BY THE MANAGEMENT COMPANY'S FAILURE TO EDUCATE THE HOA BOARD AND HOME OWNERS ABOUT THE SERIOUSNESS OF CODE VIOLATIONS.DURING 2021, A NEW PROPERTY MANAGER WAS ASSIGNED TO FLAGSTONE TERRACE AND IN NOVEMBER, 2021, THE BOARD REPLACED A MEMBER WITH A NEW ADMINISTRATIVE APPOINTEE.
THIS REORGANIZED BOARD IS EAGER TO OVERCOME THE PAST OBSTACLES.
THIS BOARD HAS BEEN WORKING DILIGENTLY ON THIS UNITS.
NINE THROUGH 19 STAIRS, AND LANDINGS WERE DEEMED THE FIRST REPAIRS TO BE MADE.
FIRST PAYMENT MADE AND THE REMAINING FUNDS ARE AVAILABLE AND SET ASIDE THE CONTRACTOR NOTIFIED FLAGSTONE THAT THE CITY OF AUSTIN'S PERMITTING IS EXPERIENCING A 15 DAY PROCESSING BACKLOG.
THE BOARD OBTAINED A PROPOSAL TO REMEDY THE REMAINING CODE VIOLATIONS AND HAS ACCEPTED THE PROPOSAL.
THE REFORMED HOA SWIFTLY APPLIED FOR LOANS AND SECURED A COMMITMENT LETTER.
THE HOA HAS A VIRTUAL TOWN MEETING SCHEDULED WITH THE UNIT OWNERS REGARDING THE SPECIAL ASSESSMENT AND MONTHLY ASSESSMENT INCREASES NEEDED TO FUND REMEDIATION OF THE CODE VIOLATIONS.
THE ANNUAL MEETING OF OWNERS IS SCHEDULED FOR FEBRUARY 22ND TO VOTE ON THE ASSESSMENTS.
WE HOPE THESE EFFORTS CONVEY OUR DEDICATION TO RESOLVING THESE ISSUES.
DO I HAVE ANY SLIDES THAT CAN BE SHOWN? UH, I HAVE A WHOLE PACKET OF INFORMATION THAT I SENT TO MELANIE ON TUESDAY PAGES.
ONE THROUGH 10 ARE THE, A UNITS NINE THROUGH 19 STAIRS AND LANDINGS THAT'S THE CONSTRUCTION CONTRACT IS MY TIME UP, UH, THAT'S FIVE MINUTES, BUT YOU'VE GOT A LOT OF GROUND TO COVER.
AND TECHNICALLY WE HAVE NINE DIFFERENT CASES, SO PLEASE, PLEASE CARRY ON.
UM, PAGES ONE THROUGH 10 OR THE STAIRS AND LANDINGS.
IT'S THE CONSTRUCTION CONTRACT PAGE TWO OF THE CONTRACT SHOWS THE DEPOSIT OF $15,054 AND 31 CENTS.
PAGE SIX SHOWS THE CONTRACT WAS SIGNED ON OCTOBER 1ST, 2021 PAGES SEVEN AND EIGHT ARE THE ENGINEERING DOCUMENTS.
PAGES NINE IS THE EXTENT, UH, INCOME AND EXPANSE SHOWING THE DEPOSIT PAID.
PAGE 10 IS THE DURATION OF THE WORK, UM, PAGES 11 THROUGH 38.
THESE ARE THE REST OF THE CODE VIOLATIONS PAGES 11 AND 12.
IT SHOWS WHAT WAS GIVEN TO THE CONTRACTOR TO CREATE THIS PROPOSAL PAGES 13 THROUGH 23 ARE THE PROPOSAL.
THE BACK OF PAGE 16 AND PAGE 17 IS THE BREAKDOWN FOR EACH CODE VIOLATION PAGES 24 THROUGH 34 ARE THE ENGINE TO ENGINEERING DOCUMENTATION SUPPORTING THESE PAGES 35 PAGE 35 IS THE DURATION OF WORK FOR THOSE PAGES.
SIX, A 36 THROUGH 38 IS THE ALLIANCE ASSOCIATION BANK TERM LETTER PAGES 39 AND 40 IS THE NOTIFICATION OF THE TOWN MEETING POSTED ON THE PORTAL.
AND PAGE 40 IS THE MINUTES OF THE BOARD MEETING RATIFYING.
UM, THE FUNDS THAT WE NEED AND PAGE 41 IS THE DIAGRAM OF THE BUILDING OF LEGS, FLAGSTONE TERRACE.
AND THAT SHOWS YOU THE BREAKDOWN OF THE BUILDINGS THAT, UM, THE OFFICER WAS TALKING ABOUT.
SO THAT CONCLUDES WHAT I'D LIKE TO SAY.
UM, MR. HOLDEN, DO YOU WANT TO ADD ANYTHING TO THIS JUST YET? OR DO YOU WANT TO WAIT UNTIL SOME QUESTIONS ARE GENERATED? IT'S YOUR YES, PLEASE GO AHEAD.
AND THIS IS JUST A VERY BRIEF, JUST FROM MY PERSONAL EXPERIENCE.
I BOUGHT MY CONDO IN THIS COMPLEX IN JUST BEFORE THE END OF DECEMBER, UH, AT THE END OF DECEMBER 19, UM, ONE YEAR AGO.
AND I INHERITED ALL THESE PROBLEMS, NOT KNOWING THAT THEY EXISTED.
UH, SO I IMMEDIATELY EMBRACED WITH THE, TRIED TO GET MYSELF ON THE BOARDS.
I DON'T, ALL I WANT TO DO IS JUST REITERATE THE POINT THAT ON IS KIND OF INDIRECTLY MADE US THAT THERE'S A GROUP OF PEOPLE.
THERE'S OBVIOUSLY A GROUP OF PEOPLE PRIOR TO THIS, WORKING ON THE HOA WHO WERE EITHER APATHETIC, INEPT, OR INCOMPETENT.
I'M NOT SURE WHAT, BUT THE POINT IS NOW IS THAT THERE'S FIVE
[01:20:01]
PEOPLE ON THIS BOARD WHO ARE WORKING AS PROACTIVELY AND AS QUICKLY AS POSSIBLE TO FIX THESE THINGS.CAUSE I KNOW HOW IT LOOKS AND I KNOW HOW BAD IT IS.
IT LOOKS LIKE YOU'VE BEEN IGNORED FOR THREE YEARS.
I CAN'T UNDERSTAND THAT EITHER.
SO I JUST WANTED TO MAKE THE POINT THAT YOU'RE DEALING WITH PEOPLE NOW WHO ARE COMMITTED TO MAKE IT WORK, REGARDLESS OF THE MASSIVE PENALTIES WE'RE GOING TO HAVE TO PAY IN TERMS OF LOANS AND ALL THE DIFFERENT THINGS WE NEED TO DO.
IT'S A DIFFERENT GROUP OF PEOPLE.
WE ARE VERY, VERY ENTHUSIASTIC AND COMMITTED BECAUSE WE KNOW WE HAVE NO OTHER ALTERNATIVE.
SO I JUST WANTED TO MAKE THAT POINT.
UH, I'M ABOUT TO OPEN THIS UP TO QUESTIONING FROM THE COMMISSION, BUT UH, MS. MORRIS, I HAVE A QUESTION FOR YOU RIGHT AWAY, WHICH IS SO CONDOMINIUMS. YES.
UM, DOES EACH CONDOMINIUM OWNER, ARE THEY RESPONSIBLE FOR THE EXTERIOR OF THEIR PARTICULAR UNIT OR IS THE ENTIRE EXTERIOR OF THE BUILDING? THE RESPONSIBILITY OF THE HOA? THE HOMEOWNER'S ASSOCIATION.
THE HOMEOWNER'S ASSOCIATION IS RESPONSIBLE FOR THE EXTERIOR OF THE UNITS AND THE, THE BREEZEWAYS BETWEEN THE UNITS.
WHAT THE OWNERS ARE RESPONSIBLE FOR IS THE BALCONY RAILING AND THE PATIO FENCING LIKE A TOUCH TO THEIR INDIVIDUAL ROLLING UNIT, CORRECT.
JUST ATTACHED TO THEIR INDIVIDUAL UNIT THAT IS ACCESSED THROUGH THEIR UNIT.
SO THE LANDINGS AND STAIRS, THOSE BELONG TO THE HOS.
AND IT APPLIES EQUALLY ACROSS THE ENTIRE PROPERTY.
IT'S NOT LIKE IT'S SUBDIVIDED THE WAY THAT WE HAVE IT SUBDIVIDED RIGHT NOW, JUST FOR KIND OF CLARITY INTO NINE DIFFERENT BUILDINGS, THE HOA DOESN'T BREAK IT OUT THAT WAY.
IS THAT CORRECT? SO IF THERE'S A PROBLEM ON ONE STAIRCASE, IT'S NOT JUST ASSESSED TO THE FOUR UNITS THAT, ABOUT THAT STAIRCASE.
THE WHOLE ASSOCIATION IS RESPONSIBLE FOR THAT.
AND THIS WOULD APPLY TO ROOFING.
WHAT ABOUT CHIMNEYS? UH, YEAH.
THE EXTERIOR OF CHIMNEYS THAT HAS THE HOS RESPONSIBILITY.
SO THE EXTERIOR OF IT THAT'S RE HOS RESPONSIBILITY.
ELECTRICITY, ELECTRICAL WIRING, ALL OF THAT IS THE HOS RESPONSIBILITY.
UM, ONE MORE THOUGHT HERE, INSPECTOR RODRIGUEZ.
IT WAS THERE A CODE VIOLATION FOR INDIVIDUAL BALCONIES? DID I SEE THAT IN THE MANY SLIDES OR WAS THAT A COMMON AREA? I THINK THERE WERE TWO, UM, LET'S SEE UNITS 39.
AND, UM, LET'S SEE, I HAD MY SHEET WITH MY NOTES ON HERE.
IN INDIVIDUAL BALCONIES, NOT, NOT ATTACHED TO THE STAIRS OR A COMMON WALKWAY OR BREEZEWAY, AS FAR AS, YOU KNOW, CORRECT CHAIR, THERE SHOULD BE A CHART IN YOUR BACKUP THAT HAS A LIST OF ALL THE VIOLATIONS.
AND I BELIEVE THAT IDENTIFIES, UM, WHERE THEIR STAIRWAY BALCONIES THAT THAT'S ONE OF THE VIOLATIONS AND YOU'LL SEE IT, IT LISTS PARTICULAR UNITS.
UM, I WILL DIG THROUGH THIS LIST BECAUSE IT SEEMS TO ME THAT IF WE ARE ISSUING AN ORDER, WE NEED TO KNOW IF IT'S GOING TO AN INDIVIDUAL HOMEOWNER AS OPPOSED TO THE HOA.
UM, BUT I'LL DIG THROUGH THIS LIST.
AND MEANWHILE, I WOULD LIKE TO LET THE COMMISSION BEGIN TO ASK QUESTIONS OF, OF THE PEOPLE WHO HAVE SPOKEN BEFORE US SO FAR, AND WE WILL THEN GET TO THE INDIVIDUAL HOMEOWNERS TO HEAR YOUR TESTIMONY, OR IF COMMISSIONERS WOULD LIKE TO WAIT UNTIL AFTER HEARING FROM INDIVIDUAL HOMEOWNERS, WE COULD DO THAT TOO.
LOOKS LIKE COMMISSIONER THOMPSON.
UM, I DO UNDERSTAND THE LEGALITY OF THE EXTERIOR VERSUS THE INTERIOR, BUT HAVE THERE BEEN ANY COMPLAINTS, OUR INSPECTIONS OF THE INTERIORS? UH, I DON'T BELIEVE WE'VE RECEIVED ANY COMPLAINTS FOR THE INTERIOR OF THE PROPERTY.
UH, ALL THE VIOLATIONS CITED ARE STRICTLY EXTERIOR.
[01:25:01]
YOU.THIS IS A QUESTION FOR MS. MORRIS.
I CAN'T SEE IF SHE'S THERE OR NOT.
ISN'T SHOWING ME THAT THE PODIUM RIGHT NOW.
UM, WELL THANK YOU FOR YOUR PRESENTATION AND FOR ALL THE INFORMATION YOU SHARED WITH US ABOUT EVERYTHING THAT YOU'RE DOING TO TRY AND GET THIS ON TRACK.
I JUST WANTED TO MAKE SURE I UNDERSTOOD YOU HAVE A CONTRACT SIGNED AND YOU BEGUN PAYMENT ON WORK FOR CORRECTING THE STAIRWAY VIOLATIONS, BUT AM I CORRECT IN UNDERSTANDING THAT THE REST OF IT WILL BE VOTED ON BY THAT HOMEOWNERS ASSOCIATION MEMBERS AT YOUR MEETING AT, UM, IN LATE FEBRUARY? SO YOU WON'T HAVE APPROVAL TO PROCEED ON THAT UNTIL THAT HAPPENS? IS THAT CORRECT? THAT IS CORRECT.
IF THERE ARE NO FURTHER QUESTIONS FROM THE COMMISSION AT THIS TIME, I'D LIKE TO GO AHEAD AND START HEARING FROM SOME OF THE INDIVIDUAL HOMEOWNERS.
UM, I HAVE A NUMBER OF PEOPLE LISTED.
LET ME SEE A LITTLE EASIER, UH, OH, ACTUALLY I'M SEEING THREE OR IF WE COULD, IF I COULD JUST ASK ONE QUICK QUESTION, ARE THE HOMEOWNERS ASSOCIATION PRESIDENT? YES.
AND THEN I THINK COMMISSIONER IS STILL STARTED.
ALSO HAD A QUESTION, BUT YES, GO AHEAD.
SAY LIKE, SO, UM, DID I HEAR YOU CORRECTLY SAY THAT THAT PEOPLE ARE LIVING IN THERE ARE, WILL BE IN JEOPARDY OF LOSING THEIR HOMES.
THEY'LL BE HAVING TO HAVE TO GO OUT ON THE OPEN MARKET AND FIND ANOTHER PLACE TO LIVE.
THAT IS A, THAT'S A POSSIBILITY BASED ON WHAT YOU ALL FIND.
THAT THAT'S WHAT IT SAID IN THE LETTERS HERE, WHAT THAT IS WITHIN YOUR PURVIEW.
DID YOU HAVE A QUESTION FOR NOW OR, OR LATER? YEAH, I THANK YOU.
JUST TELL YOU JUST A QUICK QUESTION.
I THINK THIS IS FOR STAFF, UM, AND I'M NOT SURE TOO MUCH BEST DIRECT THAT I KNOW, UH, MR. MOORE AT ONE POINT, UH, REMINDED US OF THIS, UH, ONE OR TWO OR THREE MEETINGS AGO.
AND, UH, IF MEMORY SERVES, THERE IS A PROVISION APPLICABLE TO RESIDENTIAL PROPERTY, SUCH TAD EXPENSES INCURRED, UH, BRINGING A PROPERTY AND THE COMPLIANCE CAN BE APPLIED AGAINST THE FINE, OR IT CAN REDUCE THE FINE PORTION AND THAT CAN BE DONE WITHOUT, UM, THE OWNER HAVING TO COME BACK BEFORE, UH, UH, THE COMMISSION.
I, I GUESS I WAS JUST HOPING SOMEONE ON STAFF.
UM, I DON'T KNOW, AGAIN, I DON'T KNOW IF THEY'RE GOING TO BE QUESTION IS BEST DIRECTED.
I WAS HOPING SOMEBODY COULD SORT OF REPRESS MY RECOLLECTION ABOUT, ABOUT THAT RULE OR THAT LAW.
AND THEN SECONDLY, UH, EXPLAIN HOW IT MIGHT APPLY IF AT ALL IN THE CONTEXT OF, UH, UM, YOU KNOW, ULA OR AN HOA CONDOMINIUM SITUATION.
AND WITH THAT, I'LL DEAL BACK.
I'M SURE I, I CAN TRY AND ANSWER IT, BUT IF ROBERT MOORE WOULD LIKE TO BETTER ANSWER IT, THAT WOULD BE GREAT.
THIS IS ROBERT MOORE WITH AUSTIN CODE DIVISION MANAGER FOR THE CASE REVIEW AND ESCALATIONS DIVISION.
UM, TYPICALLY THAT'S FOR RESIDENTIAL STRUCTURES.
I KNOW THIS IS RESIDENTIAL USE, UH, SO THAT MAY APPLY, BUT EITHER WAY THEY CAN DEFINITELY COME BEFORE YOU, UH, AND Y'ALL CAN DISCUSS WHAT YOU'D LIKE TO, UM, YOU KNOW, REDUCE THEIR PENALTIES ARE COMPLETELY WIPED THE PENALTIES.
UH, SO, UH, I'M PRETTY, UH, I MEAN, THEY'D HAVE ONE ROUTE OR THE OTHER FOR SURE, BUT IT'S TYPICALLY FOR RESIDENTIAL PROPERTIES THAT WE CAN DO IT IN HOUSE AND WE DON'T HAVE TO COME BEFORE THE COMMISSION.
THANK YOU ABOUT THAT TOMORROW.
MY UNDERSTANDING OF THAT IS IT'S SPECIFIC TO SINGLE FAMILY STRUCTURES, WHICH WOULD BE, IT WOULD INCLUDE DUPLEXES, BUT NOT A MULTIFAMILY RESIDENTIAL STRUCTURE, SUCH AS THIS KNOW.
THAT WAS MY MAIN POINT OF CURIOSITY.
I WOULD LIKE TO GO AHEAD AND BEGIN CALLING SOME OF THE OTHER SPEAKERS IF THEY WOULD STILL LIKE TO COME AND SPEAK.
[01:30:01]
AND IF YOU, OF COURSE, INTRODUCE YOURSELF, LET US KNOW JEROME GUERRERO, UM, AUSTIN LONGTIME, AUSTIN RESIDENT EVEN GREW UP IN THAT AREA.I EVEN REMEMBER WHEN THOSE CONDOS WERE BEING BUILT.
AND JUST TO GIVE YOU A LITTLE MORE HISTORY SINCE I AM A NATIVE AUSTIN, I, THAT AREA IS NOTORIOUS FOR SHIFTING AND VERY SOFT SOIL, BUT AGAIN, I WANT TO NAME THE THINGS THAT HAVE BEEN DONE.
I MEAN, WE HAD SOME, UH, CRACKED, UH, IT WAS NAMED FLAGSTONE BECAUSE WE HAD A LOT OF STONEWORK ON THERE.
IT WAS BEAUTIFUL STONE WORK, BUT OBVIOUSLY BECAUSE OF THE SHIFTING, UH, EARTH, IT HAD TO BE DEMOLISHED AND TAKEN DOWN.
AND THAT WAS WHEN I FIRST, UH, CAME ON BOARD IN, UH, DECEMBER OF 2015.
AND THAT WAS A, QUITE AN EXPANSE AND QUITE A PROJECT TO TAKE DOWN ALL THAT FLAGS ON THAT BEAUTIFUL FLAGSTONE.
AND WE HAD TO PUT UP HARDY PLANK, BUT I JUST WANT TO COME IN AND IN THE REST OF THE BOARD, THEY ARE TAKING ACTION.
I'VE BEEN THERE SINCE DECEMBER OF 2015.
AND WHEN I FIRST CAME IN THERE, YES, IT WAS A GROCERY LIST OF ITEMS THAT JUST WEREN'T BEING TAKEN CARE OF.
BUT EACH YEAR THINGS ARE GETTING DONE.
UM, JUST THE, OBVIOUSLY THAT WAS NOT ONE OF THE VIOLATIONS, BUT I'M JUST SAYING THAT THINGS ARE BEING TAKEN CARE OF.
AND I COMMEND ALL THE BOARD MEMBERS THAT ARE WORKING HARD AND, UH, JUST KNOW THAT WE WILL GET THERE.
WE WE'RE GETTING THERE AND THERE WILL BE AN ASSESSMENT.
AND THERE'S NEVER BEEN A TIME WHEN THE BOARD HAS ASKED FOR AN ASSESSMENT, IT DOES HURT.
AND AS ANNE SAID, WE HAVE QUITE A LOT OF PEOPLE THERE AT THAT TIME WHEN I JOINED, YES, I WAS A SINGLE DAD.
SO YES, IT HELPED VERY MUCH, AND IT'S STILL A GREAT LOCATION AND DON'T WANT TO BE, UM, PUT OUT, BUT IT DOES SOUND LIKE YOU ALL WILL WORK WITH US.
AND THAT'S WHAT I WANT TO SAY IS I'M SUPPORTIVE OF THE BOARD AND WANT TO MAKE SURE THAT WE CAN WORK IT OUT.
AND IF THERE'S ANY NEED FOR ANY COMMUNICATION, I WOULD TRY TO VOLUNTEER FOR THE BOARD MYSELF THAT I HAVE SOME HEALTH, HEALTH ISSUES.
AND, UM, BUT JUST WANTED TO AGAIN, GIVE MY SUPPORT TO THE BOARD.
DO WE HAVE IRMA? LINDA GROTTOES AND, AND, AND CHRIS.
AND DID WE HAVE SEAN KELLY? OKAY, GREAT.
UH, COMMISSION OTHER QUESTIONS, OTHER THOUGHTS? YES.
UH, MY THOUGHTS ARE THAT I WOULD LIKE TO SEE, UH, I'M TRYING TO REMEMBER HOW MUCH TIME WE COULD GIVE THEM.
I FEEL, I FEEL AND BELIEVE THAT THEY ARE HEADED THE RIGHT DIRECTION AND I WANT TO DO WHATEVER WE CAN DO TO HELP THEM RATHER THAN, UM, BEING AN OBSTACLE.
SO I WAS WONDERING HOW MUCH TIME WE COULD GIVE THEM AND REVIEW WHERE THEY STAND BEFORE WE MAKE ANY, UM, OF THE DISPOSITIVE, UH, UH, I GUESS, UH, DECISIONS AS FAR AS FINES AND SO ON.
UH, I, THIS REMINDED ME TOO, THAT I HAVE FAILED TO ADMIT FLAGSTONE HOS, UH, EXHIBIT ONE, WHICH ANN MORRIS ACTUALLY BRIEFLY WENT THROUGH IT.
IT'S ALSO AVAILABLE IN OUR READERS AND I WILL PASS THIS OVER TO YOU.
IT INCLUDES THE, UH, CONSTRUCTION CONTRACT SCHEDULE.
UM, AND I'M SORRY, DID THIS HAVE FUNDING HORSES IN IT TOO, OR JUST KIND OF THE PLAN FOR FUNDING THIS? WE HAVE A, WE HAVE A TERM LETTER FROM A BANK, SO YES, IT, WE HAVE A BANK READY TO LOAN US THE MONEY.
WE HAVE TO COME UP WITH THE MONEY, UM, TO MAKE SURE THAT WE HAVE ENOUGH INCOME COMING IN AND TO MAKE THE PAYMENTS.
SO THAT'S SOMETHING THAT THE OWNERS DO HAVE TO VOTE FOR.
AND WHERE I'M HEADED WITH THIS, UM, COMMISSIONER THOMPSON, IS THAT WHEN WE HAVE THIS ADDITIONAL INFORMATION, THEN WE ARE ABLE TO GO BEYOND 90 DAYS, UH, FOR AN ORDER.
MS. CURRY, DO YOU WANT TO ENTER THAT? YES.
UM, I JUST WANTED TO MAKE SURE THAT YOU ALL KNOW, UM, ANY EVENT THAT YOU DO, UM, EXTEND PAST 90 DAYS AND IT DOES LOOK LIKE THEY HAVE EVERYTHING THAT NEEDED TO RECEIVE THAT.
UM, YOU'RE ALSO GOING TO NEED TO REQUIRE THAT THEY, THAT THE, UH, PROPERTY OWNERS,
[01:35:01]
REPRESENTATIVES COME BACK WITH, UM, UH, THEY NEED TO SUBMIT A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK.UM, THEY NEED TO HAVE SHOWN THAT THE WORK CAN'T BE COMPLETED WITHIN 90 DAYS.
UM, AND SO IF THAT IS SOMETHING THAT THEY WOULD LIKE TO ATTEST TO, UM, THAT WOULD BE SOMETHING THEY WOULD NEED TO DO.
AND THEN, UM, THEY WOULD ALSO NEED TO, UM, COME BACK TO THE COMMISSION AND YOU, YOU ALL WOULD SET UP SOME KIND OF CHECK-INS FOR THEM TO, UM, REGULAR REPORTS FOR THEM TO MAKE TO THE COMMISSION AS TO PROGRESS SINCE IT IS GOING TO BE SUCH AN EXTENDED TIMELINE, POTENTIALLY.
AND ARE THERE PARTICULAR TIME REQUIREMENTS FOR THOSE REPORTS OR UPDATES? JUST WHATEVER THE COMMISSION FEELS IS APPROPRIATE.
AND I DO BELIEVE THAT PROPOSED SCHEDULED WOULD, WOULD ADDRESS THE REASONS WHY IT COULDN'T BE ACCOMPLISHED IN 90 DAYS, BUT MS. MORRIS, IF YOU WOULD LIKE TO SPEAK TO THAT YES.
FOR THE, THE DURATION FOR THE STAIRS AND LANDINGS FOR NINE TO 19, OUR CONTRACTOR SAID HE EXPECTS 2.5 WEEKS.
ONCE, ONCE HE GETS THE PERMITS, UM, FOR THE REST OF THE CODE VIOLATIONS, HE'S, HE'S ESTIMATED AT 3.5 MONTHS, ONCE HE GETS THE PERMITS AND THE LEAD TIME FOR THE, FOR THE MATERIALS TO GET HERE, THAT IS, THAT HAS BEEN A BIG PROBLEM WITH THE STAIRS ON NINE TO 19.
UM, WE, THE, THE, THE OCTOBER, OCTOBER 1ST WAS WHEN THE CONTRACT WAS WRITTEN, THE SUPPLIES DID NOT COME IN UNTIL JANUARY 17TH.
AND NOW HE'S IN THE PROCESS OF GETTING PERMITS.
YOUR RATIO IS PART OF YOUR PACKET THAT I SENT TO MELANIE AND THE HARD COPY Y'ALL.
UM, I WOULD ALSO ASK THAT, UH, WE TABLE THIS, UM, VOTE SO THAT STAFF CAN, UM, GO THROUGH THE VIOLATIONS AND MAKE SURE THAT THERE AREN'T ANY INCLUDED THAT ARE THE RESPONSIBILITY OF SPECIFIC PROPERTY OWNERS AND NOT THE HLA, SO THAT THE ORDER WILL ONLY INCLUDE VIOLATIONS THAT THE HOA IS, UM, RESPONSIBLE FOR.
I THINK THAT'S AN EXCELLENT IDEA.
AND I, TO CLARIFY TOO, AND THAT WOULD BE BECAUSE ANY VIOLATIONS THAT ARE AN INDIVIDUAL HOMEOWNER'S RESPONSIBILITY PROBABLY HAVEN'T BEEN PROPERLY NOTICED FOR THIS MEETING, CORRECT? THAT'D BE CORRECT.
UH, I THINK I PROBABLY NEED A MOTION FROM SOMEONE ELSE ON THE COMMISSION.
I'LL MOVE, I'LL MAKE A MOTION FOR US TO TABLE, UM, THIS PARTICULAR CASE.
DO WE WANT TO, DO YOU THINK THIS IS SOMETHING YOU COULD ACCOMPLISH IN THE NEXT, YOU KNOW, DURING THE MEETING 20, 20, 30 MINUTES FROM NOW, I'M SEEING A NOD.
DO YOU WANT TO ADD A TIMELINE TO THAT TABLING? UH, I DON'T KNOW HOW, LIKE MAYBE IN THE NEXT, DO YOU THINK 30 MINUTES? WHERE ARE WE? WE'RE CUTTING IT CLOSE TO LIKE 9:00 PM.
STAFF THINKS THEY COULD HAVE, THEY COULD HAVE IT READY WITHIN 30 MINUTES.
SO WE CAN TABLE IT UNTIL THEN.
IS THERE A SECOND OR UNLESS THERE ARE NO OBJECTIONS.
SO UNLESS THERE ARE NO OTHER, NO OBJECTIONS TO THAT.
LET'S LET'S TABLE IT FOR 30 MINUTES.
ONE QUESTION, WHAT'S THE, UH, URGENCY IN GETTING IT DONE TODAY.
IF IT NEEDS TO BE REVIEWED, IT SEEMS LIKE MAYBE IT JUST NEEDS TO BE RATHER THAN RUNNING IT WHILE WE'RE DOING BOTH THE MEETING AND CORRECTING IT AND REVIEWING IT.
I'M GOING TO SAY A COMMISSIONER FOR RAILROAD.
THE URGENCY IS THAT TO PROPERLY NOTICE THE CASES LIKE THIS, WHERE YOU WOULD HAVE 49 DIFFERENT CONDOMINIUMS. THAT IS A MOUNTAIN OF PAPERWORK THAT I DO NOT WISH ON.
ANYONE ELSE EVER AGAIN, IF WE CAN ACCOMPLISH SOMETHING MEANINGFUL TONIGHT, UH, THAT WOULD BE PREFERRED.
ANY OTHER THOUGHTS ON TABLING? THIS ACTUALLY ALL IN FAVOR OF TABLING THE MOTION FOR 30 MINUTES, SAY I WAVE YOUR HAND.
ANY OPPOSED? IS THAT ONE OPPOSED? COMMISSIONER FERRERA?
[01:40:02]
YES.I THINK 30 MINUTES IS NOT ENOUGH TIME, BUT THAT'S OKAY.
WELL, WE'LL SEE WHAT WE CAN ACCOMPLISH 30 MINUTES FROM NOW.
SO THE, UM, ANY ACTION IS TEMPORARILY PAUSED.
WE WILL HEAR SOME OTHER ITEMS ON THE AGENDA AND, UH, WE'LL COME BACK TO IT.
[2. Case Number: CL 2022-002014]
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 20 22 0 0 2 0 1 4.AND IS REGARDING THE PROPERTY LOCATED AT 600 BARWOOD PARK BUILDING 22, ALSO KNOWN AS THE REMINGTON HOUSE APARTMENTS STAFF EXHIBITS CAN BE FOUND IN THE RED ORANGE BOOK IN YOUR READERS OR THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A FIRE DAMAGED BUILDING WITH THE COMMERCIAL MULTIFAMILY COMPLEX IN A, WITHIN A MULTI-FAMILY COMPLEX, THE STAFF, THE STRUCTURE SUFFERED FROM FIRE DAMAGE.
ON TWO OCCASIONS, THE BUILDING HAS BEEN PLACARDED FENCED AND SECURED.
THIS CASE WAS FIRST ESCALATED TO BSC IN OCTOBER, 2021.
THE STRUCTURE IS CONSIDERED DANGEROUS WITH SUBSTANDARD AND UNSAFE CONDITIONS IN YOUR GOOGLE DRIVE FOLDER OR 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, A STRUCTURE MAP, IDENTIFYING BUILDING 22, THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS, AS WELL AS BOTH FIRE INCIDENT REPORTS, EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO I AND LASTLY CODES RECOMMENDED ORDER CODE INVESTIGATOR.
ALICIA TOVAR IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I, AND SHE WILL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INVESTIGATOR TOVAR.
MY NAME IS ALISHA TOVAR AND I'M THE CO-INVESTIGATOR FOR THE CENTRAL NORTH DIVISION.
THE CASE THAT WE'RE PRESENTED THIS EVENING IS BEFORE YOU IS 600 BARWOOD PARK BUILDING NUMBER 22 ON APRIL 22ND, 2021, THE CASE WAS CREATED AND TRY AND REFER TO AUSTIN CODE BY AUSTIN FIRE DEPARTMENT AND INITIAL INSPECTION WAS PERFORMED AND THE INSPECTION REVEALED THAT THE THREE-STORY WOOD-FRAME MULTI-FAMILY RESIDENCE STRUCTURE ON CONCRETE SLAB HAD EXTENSIVE FIRE DAMAGE AND WATER DAMAGE TO THE STRUCTURE.
THE ROOFING SYSTEM ALONG THE NORTHWEST PORTION HAD SEVERE HAS SEPARATE EXTENDED FIRE DAMAGE.
THE ROOFING DECKING AND TRUSSES WERE SEVERELY BURNT.
LEAVING ONLY SKELETAL REMAINS ON APRIL 29TH, 2021.
I NOTICED THE VIOLATION, EXCUSE ME, WAS SENT VIA CERTIFIED MAIL TO THE TEXAS TO THE TRAVIS COUNTY APPRAISAL DISTRICT PROPERTY OWNERS, REMINGTON CF HOUSE ASSOCIATION, UH, MAY 5TH, 2021.
NOTICE OF VIOLATION WAS MAILED TO THE TICKET PROPERTY OWNERS WITH ADDITIONAL CODE VIOLATIONS ON JULY 1ST, 2021, I NOTICED WAS POSTED ON THE REMINGTON LEASING OFFICE PROPERTY FOR STRUCTURE FOR THE STRUCTURAL VIOLATIONS, SUBSEQUENT INSPECTIONS FROM JULY 24 THROUGH AUGUST, I'M SORRY, OCTOBER 24TH, 2021 REVEALED NO PERMIT OR NO STRUCTURAL REPAIRS ON OCTOBER 7TH, 2021, A B A C K WAS CREATED AND SUBMITTED FOR BSC CONSIDERATION ON NOVEMBER 29TH, 2021.
THE CASE WAS TRANSFERRED TO ME FOR FURTHER INVESTIGATION ON DECEMBER 15TH, 2021, I MADE MY INITIAL INSPECTION.
I NOTED THAT THE THREE-STORY WOOD-FRAME AUTO FOUNDED RESIDENTIAL STRUCTURE ON CONCRETE SLAB HAS SIGNIFICANT FIRE DAMAGE TO THE NORTHWEST PORTION OF THE STRUCTURE.
THE ROOFING SYSTEM WAS MISSING, MISSING DUE TO THE FIRES DAMAGE, THE ENTIRE STRUCTURE.
THIS ONE IS A 24 UNITS OR SECURED FROM AN AUTHOR OR NOT AUTHORIZED ENTRY BY PLYWOOD COVERING ALL ACCESS POINTS ALONG THE FIRST AND SECOND FLOORS, AS WELL AS A CYCLONE FENCE WITH GREEN SCREENING MATERIALS AND CIRCLING THE ENTIRE STRUCTURE ON JANUARY 24TH, 2022, I RESEARCHED AMANDA AND OUR DATABASE, OUR AMANDA, OUR DATABASE, AND NOTED THAT THERE WERE NO ACTIVE PERMITS, HOW I DID LOCATE THAT ON OCTOBER 15TH, 2021, DA 21 1 5 6 9 5 9 3 5 4 SITE PLAN DETERMINATION OR EXEMPTION WAS SUBMITTED AND DENIED.
HOWEVER, AFTER RESUBMITTAL, THE DA WAS AGREED UPON ON NOVEMBER 17TH, 2021 ON OCTOBER 30TH, 2021, A BP PERMIT 21 1 7 0 3 2 8 4 INTERIOR DEMOLITION NONSTRUCTURAL IS STILL PENDING ON JANUARY 6TH, 2020, 20, 20 22, A PLAN REVIEW 20 0 0 2 1 6 7 WAS SUBMITTED FOR PARTIAL DEMOLITION OF THE 3300 3600 SQUARE FOOT WOODS
[01:45:01]
SIDING BUILT AROUND 1983.THE STATUS IS STILL PENDING OUR PRESENT, THE PHOTOGRAPHS EXHIBIT TWO EIGHT THROUGH TWO, I, THESE PHOTOGRAPHS ARE TRUE AND ACCURATE DEPICTION OF THE VIOLATIONS OF THE CONDITIONS AT THE DATE AND TIME THEY WERE, THE PHOTOS WERE TAKEN PHOTOS PLEASE TO WAY AND TO BE OR CONTEXTUAL PHOTOGRAPHS OF THE REMITTING HOUSE APARTMENTS, COMPLEX SIGNS, AS WELL AS THE LEASING OFFICE IN TWO WEEKS TO SEE THEY TOOK A TEXTUAL PHOTOGRAPH OF BUILDING NUMBER 22, THE STRUCTURE HOUSES APPROXIMATELY 24 APARTMENT UNITS, PHOTOGRAPH TWO D IS A LONG SHOT OF THE EFFECTED STRUCTURE.
IN THIS PHOTOGRAPH, YOU CAN SEE THAT THE STRUCTURE HAS BEEN PLACARD WITH A YELLOW PLACARDING NOTING UNSAFE CONDITIONS, AS WELL AS THE FIRST AND SECOND FLOORS.
AND ALL ACCESS ROUTES HAVE BEEN SECURED BY PLYWOOD, AS WELL AS THE ENTIRE STRUCTURE HAS BEEN SECURED BY A CYCLONE FENCE WITH GREEN MESH SCREENING TO PREVENT FURTHER ANY FURTHER UNAUTHORIZED ENTRY INTO THE UNSAFE AREA.
PHOTOGRAPH TWO E IS A CLOSEUP OF THE YELLOW, DANGEROUS PLACARD SHOWING I'M SORRY, IS A CLOSEUP OF THE YELLOW DANGEROUS CONDITIONS DETAILING THESE SPECIFICS OF THE STRUCTURE IN TO WEB DEMONSTRATE THE NORTHWEST PORTION OF THE FIRE DAMAGE ROOFING SYSTEM.
HERE, YOU CAN SEE THAT THE ENTIRE ROOF IS MISSING, EXPOSING THE INTERIOR, PUT FRAMES TO THE ELEMENTS OF NATURE AS THERE IS A SIGNIFICANT FIRE DAMAGE TO THE REMIT, TO THE REMANENCE OF THE TRESSING TRUSSES AND TO G AND TO H YOU CAN SEE THE SKELETAL REMAINS OF THE FIRE DAMAGED DRESSES, AS WELL AS THE CHIMNEY, THE DAMAGED CHIMNEY STACK TO I IS A CLOSEUP DEMONSTRATING THE MISSING ROW ROOFING SYSTEMS. THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD AND DANGEROUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE 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 ORDERS MAILED THREE REQUESTS, REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE FOR BUILDING 22 SHALL REMAIN VACANT AND SECURE UNTIL ALL REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE ENTER, 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 ONE AND TWO EIGHT THROUGH TO I, AND DO WE HAVE AARON D BOY AND MELINDA WALKER.
MY NAME IS AARON D BOY, AND I REPRESENT, UH, C A FLEMINGTON HOUSE ASSOCIATES LP IN THIS MATTER.
COMMISSIONER IS I JUST WANT TO BRIEFLY BRIEFLY TAKE YOU THROUGH A TIMELINE.
I HAVE PRESENTED A PACKET OF DOCUMENTS TO YOU AS WELL.
UM, BUT THE TIMELINE IS AS FOLLOWS ON APRIL 28TH, 2020, A FIRE BROKE OUT DUE TO A TENANT DISCARDING SMOKING MATERIALS AT THE PROPERTY.
12 UNITS WERE DAMAGED IN THAT FIRE.
UM, AFTER THAT POINT, MY CLIENT HIRED AN ARCHITECTURAL FIRM, AS WELL AS A CONSTRUCTION GUARDIAN CONSTRUCTION FIRM TO WORK ON REPAIRS AND SUBMIT APPLICABLE PERMITS TO THE CITY OF AUSTIN.
AGAIN, THIS WAS IN APRIL OF 2020 IN JUNE, UH, JUNE 15TH, 2020, UH, AFTER, UH, AFTER THE ARCHITECT AND CONSTRUCTION COMPANIES WERE HIRED, PERMITS WERE SUBMITTED AND THOSE PERMITS WERE APPROVED LATER THAT FALL IN 2020 BY THE CITY OF AUSTIN, UM, DEVELOPMENT SERVICES DEPARTMENT IN 2020 IN DECEMBER OF 2020.
UM, IF YOU ALL RECALL THERE WAS HEIGHTENED COVID.
WE WERE ESSENTIALLY ON LOCKDOWN, CONTRACTORS ARCHITECTURES WERE NOT WORKING, UM, ON PROPERTY AT THE TIME.
AND THEN OF COURSE YOU HAD THE CHRISTMAS HOLIDAY AND THEN COME SPRING OF 2021 REMINGTON HOUSE SUFFERED, UM, DAMAGE FROM THE WINTER STORM
[01:50:01]
CONTRACTORS, AGAIN, ARCHITECTURE FIRMS, EVERYTHING WAS DELAYED AT THAT POINT.AND THEN ALMOST A YEAR TO THE DAY ON APRIL 27TH, 2021, A FIRE BROKE OUT AGAIN IN BUILDING 22.
UH, MY CLIENT'S REPRESENTATIVES BELIEVED THAT THIS FIRE WAS CAUSED BY, UH, PERIOD PERSONS EXPERIENCING HOMELESSNESS IN AND AROUND THE, UH, COMMUNITY, UNFORTUNATELY, DUE TO STAFFING SHORTAGES AND OTHER ISSUES WITH THE CITY, UM, POLICE DEPARTMENT WAS NOT ABLE TO COME AND, AND, AND, AND REALLY HANDLE SOME OF THE ISSUES THAT REMINGTON HOUSE HAS SUFFERED DUE TO THE FACT THAT THERE'S A HOMELESS POPULATION THAT CONTINUES TO COME IN AND OUT OF THIS PROPERTY, GUARDIAN CONSTRUCTION, WHO WAS HIRED BY MY CLIENT HAS SEALED, UH, THAT BUILDING.
IF YOU SAW FROM STAFF'S PRESENTATION, UM, WITH THE FENCING, AS WELL AS THE, THE BOARDING UP IN MAY OF 2021, UH, THE FIRST FIRES PERMIT, THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT SENT AN APPROVAL LETTER OF THOSE PLANS THAT WAS RED LETTERED.
AT THAT POINT, IT WAS NOT FULLY APPROVED, BUT THE PLANS THAT THE ARCHITECTURE AND AND CONSTRUCTION COMPANIES PROVIDED THE CITY OF AUSTIN OR RED LETTERED, AGAIN, THIS IS A MONTH AFTER THE SECOND FIRE OCCURRED.
AT THAT POINT, CONSTRUCTION WAS SET TO BEGIN.
HOWEVER, THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT AT THAT TIME DECIDED TO LUMP THE FIRST FIRE INTO THE SECOND FIRE.
AND SO NOW WE HAVE AN ISSUE WITH NEW PERMITS, BEING A NEW PLANS, MEANING NEEDING TO BE SUBMITTED FOR APPROVAL WITH THE DEVELOPMENT SERVICES DEPARTMENT.
MY, UH, CLIENT'S INSURANCE COMPANY AT THAT TIME ALSO REQUIRED A STRUCTURAL STRUCTURAL ENGINEER.
THIS IS IN MAY OF 2021 AFTER, UH, THIS WINTER STORMS CAUSED SIGNIFICANT DELAYS WITH GETTING ANYONE OUT TO THE PROPERTY, ESPECIALLY ENGINEERS AND CONSTRUCTION PERSONNEL ON JUNE 10TH, 2021 AND JUNE 16TH, 2021 DOES STRUCTURAL ENGINEER.
ROBERT HAMMOND MET AT THE PROPERTY TO DISCUSS THE NARRATIVE AND FIGURE OUT EXACTLY WHAT NEEDED TO BE DONE AT THE PROPERTY.
THAT SECOND NARRATIVE WAS RECEIVED BY THE ENGINEER IN, UM, AUGUST OF 2021, THE CITY OF AUSTIN, UH, DEVELOPMENT SERVICES DEPARTMENT TOOK A POSITION THAT MY CLIENT NEEDED TO INSTALL SPRINKLERS AT THE PROPERTY, EVEN THOUGH THIS PROPERTY WAS BUILT IN THE EIGHTIES AND DID NOT NEED TO COME UP TO THE CURRENT CODE, THAT ISSUE WENT ON FOR SEVERAL MONTHS WITH, UH, THE PERMITTING DEPARTMENT.
AND FINALLY, THE DECISION WAS MADE BY THE CITY OF AUSTIN PERMANENT DEPARTMENT THAT SPRINKLERS WOULD NOT NEED TO BE, UH, IN THE SITE REVIEW PLANS.
THE SITE REVIEW PLANS WERE SUBMITTED TO THE CITY OF AUSTIN IN NOVEMBER OF 2021.
THOSE APP, THAT PERMIT APPLICATION IS ON FILE AS, UH, I BELIEVE EFFECTIVE DECEMBER 16TH, 2021.
WE ARE CURRENTLY WAITING FOR A SITE PLAN REVIEW IT'S BEEN EXPEDITED.
UM, MY CLIENT HAS RECEIVED INFORMATION JUST TODAY OR YESTERDAY THAT, UH, THE S THE DEVELOPMENT SERVICES DEPARTMENT HAS EXPEDITED THE REVIEW OF THEIR SITE PLAN.
UH, FOR FEBRUARY 15, THERE IS TWO CODE VIOLATIONS THAT MY CLIENT RECEIVED.
I REALIZE MY TIME IS UP COMMISSIONERS.
HOWEVER, THERE'S SOME STILL SOME, SOME, SOME SUBSTANTIAL AMOUNT OF INFORMATION I'D LIKE TO COVER WITH YOU.
AND MS. WALKER, WERE YOU PLANNING TO SPEAK A FULL FIVE MINUTES AS WELL? OKAY, PERHAPS, OKAY, PLEASE, PLEASE.
THERE'S A NOTICE OF VIOLATION FOR, UM, MAY FIVE.
THAT INCLUDES INFORMATION LIKE, UH, SOMEBODY GOING TO THE PROPERTY, A CODE ENFORCEMENT OFFICER BY THE NAME OF ERIC GARDNER IN APRIL OF A DAY AFTER THE SECOND FIRE OCCURRED.
UM, THE NOTICE OF VIOLATION, THERE'S SEVERAL VIOLATIONS HERE, AGAIN, THAT WAS ISSUED A SECOND TIME IN NOVEMBER OF 20 20, 20, 20 21.
HOWEVER, AT THAT TIME, PERMITS WERE APPLIED FOR PERMITS WERE ON FILE, AND THERE WAS SIGNIFICANT COMMUNICATION BETWEEN THE ARCHITECTURE THAT REMINGTON HOUSE ARCHITECTURE FROM THAT REMINGTON HOUSE HAS HIRED SINCE 2020 WITH THE DEVELOPMENT SERVICES DEPARTMENT CONCERNING WHAT EXACT PERMIT NEEDED TO BE APPLIED FOR, WHETHER IT WAS RECONSTRUCTION, REPAIR, OR DEMOLITION.
THERE IS COMMUNICATIONS IN THE PACKET I PROVIDED YOU WITH.
UM, MITCHELL TOLD BEAR WITH DEVELOPMENT SERVICES, INFORMING MY CLIENT'S ARCHITECT ON NOVEMBER NINE, THAT THE SPRINKLER SPRINKLER SYSTEM NO LONGER NEEDED TO BE IN THE PLANS.
THE ARCHITECTURE FIRM WENT FORWARD WITH THAT.
[01:55:01]
THERE'S ALSO COMMUNICATIONS FROM MR. ERIC GARDNER, THE CODE INSPECTOR THAT WAS ASSIGNED TO THIS CASE PRIOR TO MISS.UH, ALICIA TOLD THERE, I BELIEVE, UM, IN HIS COMMUNICATIONS DATED DECEMBER 15, IT STATES THAT HE HAS BEEN SPEAKING WITH THE ARCHITECT, ASSIGNED TO THE PROJECT, EXPLAIN HOW THE CASE WAS ALREADY ESCALATED.
IT SOUNDED LIKE THE RIGHT STEPS WERE BEING TAKEN TO OBTAIN PERMITS, BUT UNTIL PERMITS WERE ACTIVATED, THE PROPERTY WOULD STILL BE CONSIDERED IN VIOLATION.
I DON'T UNDERSTAND HOW THE CITY IS NOT COMMUNICATING WITH ONE ANOTHER, WHETHER IT'S THE CODE DEPARTMENT AND THE DEVELOPMENT SYSTEM SERVICES DEPARTMENT IN TERMS OF PERMITS BEING ON FILE.
AND MY CLIENTS ACTIVELY TRYING TO GET THE PROJECT GOING YET, STILL BEING DENIED THE PERMITS OR DENY THE APPLICATION, YOU'LL SEE IN ADDITIONAL COMMUNICATIONS WITH THE, UH, THE ARCHITECT IN THIS PARTICULAR MATTER, THAT HURDLES THAT HE HAS FACED WITH THE CITY OF AUSTIN IN TERMS OF GETTING THESE PERMITS READY AND UP AND GOING AGAIN, PERMITS HAVE BEEN ON FILE FOR THIS PARTICULAR PROPERTY IN THIS ISSUE SINCE, UM, THE SPRING OF 2020 AFTER THE FIRST FIRE IN YOUR PACKAGE.
YOU'RE ALSO GOING TO FIND THAT MY CLIENTS HAVE BEEN, UM, ISSUED FUNDS FROM THEIR INSURANCE COMPANY OF ROUGHLY $606,000.
WE SIMPLY WAITING TO PAY THE CONTRACTORS AFTER THE PERMIT GETS APPROVAL.
AGAIN, YOU'LL SEE THAT THE SCHEDULED SITE PLAN AND REVIEW IS FOR FEBRUARY 15.
MY CLIENT, ALL THEY'RE DOING HERE IS ASKING FOR ADDITIONAL TIME THE CONSTRUCTION MANAGER WITH GUARDIAN CONSTRUCTION, UH, ANTICIPATES THAT THE PROJECT TO, TO COMPLETELY REPAIR BUILDING 22 WILL TAKE SIX TO EIGHT MONTHS.
THAT'S DUE TO A LABOR SHORTAGE THAT'S DUE TO MATERIALS.
UH, HOWEVER, THEY HAVE ALREADY PROCEEDED WITH ORDERING SOME MATERIALS IN ANTICIPATION FOR THE SITE REVIEW PLAN, WHICH AGAIN IS IN YOUR PACKET BEING APPROVED, HOPEFULLY IN FEBRUARY, POSSIBLY IN MARCH.
AND I AM HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
I'M NOT SURE IF WE CAN OR SHOULD ADMIT THIS BECAUSE WE ONLY HAVE THE ONE HARD COPY AND SIX OF OUR COMMISSIONERS ARE UNABLE TO VIEW IT.
UM, WHAT, WHAT ARE YOUR THOUGHTS ON THIS LAUREN? WHAT COMMISSIONERS? I DO APOLOGIZE.
I WAS UNDER THE IMPRESSION THAT SINCE WE WERE REQUIRED TO APPEAR THIS EVENING, THAT THE COMMISSIONERS WOULD BE ALSO HERE.
UM, AND, AND UNFORTUNATELY THERE WAS NOTHING IN THE NOTICE OF TODAY'S HEARING, GIVING ME ANY INFORMATION ABOUT WHERE TO SUBMIT DOCUMENTS ARE ALSO, UM, UNDERSTOOD.
AND WE DIDN'T KNOW UNTIL ABOUT A WEEK AGO THAT VIRTUAL WAS EVEN AN OPTION.
SO, I MEAN, I DO FEEL THAT THERE WAS A VERY GOOD, UM, KIND OF OVERVIEW OF EVERYTHING THAT'S IN HERE, BUT I DON'T KNOW IF IT CAN BE COUNTED AS EVIDENCE.
UM, I WAS JUST WAITING TO SEE IF MS. CURRY CAN GIVE US SOME FEEDBACK ON THAT.
UM, MADAM CHAIR, I'M GOING TO SUGGEST THAT WE TABLE THIS ITEM AND GO BACK TO THE PREVIOUS ONE.
AND WE WILL, UM, UH, FIGURE OUT WHAT TO DO POTENTIALLY MAYBE SCAN IN THE DOCUMENTS FOR THE COMMISSIONERS.
SO IS THAT OKAY FOR YOU? I WOULD SUGGEST THAT WE TABLE THIS SO THAT WE CAN WORK ON, UH, SUBMITTING THE EVIDENCE AND THEN, UM, BRING UP THE PREVIOUS CASE SO WE CAN DO YOU GUYS CAN, OKAY.
UM, SO COMMISSIONERS, THERE IS, THERE'S A REQUEST TO TABLE THIS SO THAT WE CAN GET THE EVIDENCE IN FRONT OF ALL OF US.
UM, MEANWHILE, DO YOU, BEFORE WE EVEN TABLE, OR DO YOU HAVE ANY QUESTIONS WHILE IT'S FRESH ON YOUR FRESH, ON YOUR MINDS FOR STAFF OR FOR MR. BOY I'M NOT SEEING ANY QUESTIONS.
WOULD ANYONE LIKE TO MAKE A MOTION TO TABLE THIS? UM, PROBABLY FOR ANOTHER 30 MINUTES AND WE'LL COME BACK TO IT, HOPEFULLY WITH EVIDENCE IN FRONT OF EVERYONE, THE OWNER'S EXHIBIT.
ALL IN FAVOR OF TABLING FOR 30 MINUTES, SAY AYE.
[02:00:02]
AYE.ONE ABSTAIN, MR. COMMISSIONER GREEN IS ABSTAINED, BUT SEVEN ARE IN FAVOR OF TABLING FOR 30 MINUTES.
SO WE WILL REVISIT, WE WILL COME BACK TO YOU.
UM, DO WE NEED, DO WE NEED TO TAKE A BRIEF BREAK FOR EVERYONE TO SHUFFLE PAPERWORK AROUND OR ARE WE GOOD TO KEEP GOING? I THINK WE'RE GOOD.
SO I BELIEVE WE'RE ACTUALLY GOING BACK TO ITEM NUMBER ONE ON THE AGENDA.
WE'RE GOING BACK TO DAYTON HILL.
HERE ARE THE ITEMS BETTER BEING TAKEN OUT.
YOU CAN, YOU CAN READ THEM IF YOU WANT, BUT JUST, UH, SO IN ANY ORDERS WHEN YOU DID EXCLUDE THOSE PARTICULAR ITEMS? YES.
ACTUALLY, I'M REALLY WANTING TO CALL A FIVE MINUTE BREAK.
SO WE'RE GETTING, LET'S DO THAT.
WE'LL BE BACK IN FIVE MINUTES.
THANK YOU EVERYONE FOR YOUR PATIENCE.
UM, SO WE ARE SORTING THROUGH A COUPLE OF DIFFERENT THINGS.
WE NEED A LITTLE BIT MORE TIME TO COME BACK TO ITEM.
NUMBER ONE, THEY'RE STILL SORTING THROUGH THE LIST OF DEFICIENCIES TO PULL OUT THE ONES THAT ARE TIED TO INDIVIDUAL DWELLING UNITS, ITEM NUMBER TWO.
UH, WE HAVE THE OWNERS EXHIBIT THAT THEY WANTED TO SUBMIT.
UM, I THINK WE'D LIKE TO COME BACK TO YOUR CASE.
WE DON'T HAVE A WAY TO SCAN IT IN AT LEAST NOT EASILY OR QUICKLY.
SO THERE ARE A NUMBER OF OPTIONS HERE.
AND I THINK I'D, I'D LIKE TO KNOW, UM, YOU, YOU, I'M HAPPY TO GO THROUGH EACH ONE.
WELL, YOU DID A KIND OF AN OVERVIEW OF THINGS THAT WERE IN THERE.
AND I THINK I'D LIKE TO DIRECT YOU A LITTLE BIT MORE BECAUSE IT SOUNDS TO ME LIKE YOU DON'T, YOU DON'T DISAGREE THAT THERE ARE VIOLATIONS.
YOU KNOW, THAT THE BUILDING HAS HAD TWO FIRES AND YOU'RE, YOU'RE VERY EAGER TO GET EVERYTHING TAKEN CARE OF THAT MUCH HAS BECOME CLEAR.
BUT IF WE, IF THE COMMISSION DECIDES TO ORDER SOMETHING THAT IS LONGER THAN 90 DAYS FOR REPAIR, THERE ARE I BELIEVE FOUR VERY SPECIFIC THINGS THAT WE NEED TO SEE EVIDENCE OF.
AND I DON'T KNOW IF THOSE THINGS ARE IN THERE.
WORD IS, OR COMMISSIONER THOMPSON IS ACTUALLY LOOKING THROUGH IT RIGHT NOW, BUT PERHAPS YOU COULD HELP US TO USE YOUR MICROPHONE MICROPHONE.
IT SEEMS TO ME THAT, UH, FOR 90 DAYS WE DON'T NEED THAT INFORMATION FOR THE 90 DAYS, UNLESS YOU THINK WE NEED IT TO JUSTIFY A 90 DAY, UH, THAT'S GOING TO BE UP TO THE COMMISSION AS A WHOLE, BUT, BUT VERY SPECIFICALLY, WE, WE CANNOT ISSUE AN ORDER LONGER THAN 90 DAYS UNLESS WE HAVE PROOF OF, UM, I THINK I BELIEVE IT'S CONSTRUCTION SCHEDULE A CONSTRUCTION ESTIMATE, UH, PROOF THAT FUNDS ARE AVAILABLE.
AND, UH, IS IT DRAWINGS? IS THAT THE OTHER THING, AN ENGINEER OR ARCHITECT.
AND I DID SEE THAT THERE WERE DRAWINGS IN THERE.
UM, I, YOU KNOW, THIS IS, THIS IS SOMETHING WHERE YOU COULD POINT US TO THOSE FOUR THINGS SPECIFICALLY.
THEN WE COULD PROBABLY SHARE THAT WITH THE REST OF THE FUSION, THE DRAWINGS BUILDING 22 RECONSTRUCTION.
THIS IS FROM DELHI, NET STUDIOS.
THIS IS THE ARCHITECTURE ON THE PROJECT.
THEY HAVE SUBMITTED THIS TO, UM, PERMITTING DEPARTMENT.
WE ARE WAITING ON THAT SITE PLAN REVIEW AGAIN.
UH, INITIALLY THAT WAS SCHEDULED FOR MARCH FOUR.
THEY INFORMED MY CLIENT YESTERDAY OR TODAY WHERE THEY INFORMED THE ARCHITECT WHO INFORMED MY CLIENT, UM, TODAY THAT THAT HAS BEEN EXPEDITED TO FEBRUARY 15TH, MY CLIENTS, WHEN THEY, WHEN THEY FINALLY WERE ABLE TO GET THE PERMIT READY TO GO AND ON FILE, THEY EXPEDITED THAT THROUGH THE EXPEDITED PROCESS, RIGHT.
WE'VE BEEN TRYING TO GET THIS DONE FOR, FOR, FOR YEARS, RIGHT.
UM, THERE IS AN EMAIL IN HERE AS WELL.
THIS IS BETWEEN THE INSURANCE COMPANY AND CHURCHILL FORD.
WHO'S THE PROPERTY MANAGER AND PROPERTY MANAGEMENT COMPANY FOR, FOR THE, UH, REMINGTON HOUSE.
AND IT DOES SHOW THAT THERE IS
[02:05:01]
FUNDS AVAILABLE IN THE AMOUNT OF 600 AND $606,000.UM, AGAIN, WE'RE WAITING TO PROCEED, UH, WITH THE PLAN THERE, THE ISSUE WITH, UM, THE CONSTRUCTION, WE HAVE A CONSTRUCTION COMPANY, IT IS A GUARDIAN CONSTRUCTION.
AGAIN, THEY ARE, THERE IS SOME EMAIL EXCHANGES WITH THEM IN THE PACKET.
WE DO NOT HAVE AN ESTIMATE YET BECAUSE WE HAVEN'T HAD SITE PLAN APPROVAL YET.
AND SO WHILE YOU NEED THAT BEFORE THE CONSTRUCTION COMPANY WILL ACTUALLY TELL US HOW MUCH THIS IS GOING TO COST MY CLIENT TO PREPARE THE ENTIRE BUILDING.
YOU WILL SEE A SCOPE OF WORK THOUGH.
UM, I BELIEVE THAT'S THE LAST EXHIBIT THAT I HAVE.
UH, THIS IS THE FIRE RECONSTRUCTION SCOPE OF WORK FROM NET, UH, STUDIO, THE ARCHITECT.
AND IT DOES SHOW THAT ALL 24 UNITS, WHAT NEEDS TO BE DONE FROM STRUCTURAL EXTERIOR, INTERIOR, MECHANICAL ELECTRICAL PLUMBING EQUIPMENT.
UM, AND THIS IS PART OF THE, THE DELAY ISSUE HERE COMMISSIONERS IS THAT, YOU KNOW, THERE'S QUITE A BIT TO DO IN THIS BUILDING AND IT'S GOING TO TAKE TIME FOR THE GENERAL CONTRACTOR AND POTENTIALLY THEN THE SUBS TO, TO, TO GET ALL THIS COMPLETED.
BUT IN FRONT OF US TONIGHT, WHICH AT LEAST TWO OF THE COMMISSIONERS CAN SEE, WE CAN SEE THE DRAWINGS, WE CAN SEE THE PROOF OF FUNDING CAN SEE THE SCOPE OF WORK, BUT WE DON'T HAVE AN ESTIMATE COST.
AND I TOTALLY UNDERSTAND WHY THOSE THINGS ARE NOT AVAILABLE.
UM, BUT THAT DOES LIMIT US, THAT LIMITS OUR CHOICES RIGHT NOW FOR WHAT WE CAN DO AS A COMMISSION IN TERMS OF ORDERS.
SO IN TERMS OF AN ESTIMATE WITH, YOU KNOW, CONSTRUCTION AGAIN, THAT HAS TO ALL TAKE PLACE AFTER THE PERMITTING DEPARTMENT ACTUALLY PROCEEDS WITH, UH, THE PERMIT.
SO I FULLY UNDERSTAND WHY, AGAIN, IT'S JUST, IT'S, IT'S UNCLEAR, IT'S UNCLEAR WHEN THAT IS GOING TO HAPPEN.
AND, AND THAT IS THE CONCERN THAT MY CLIENT HAS IS THAT PERMITS HAVE BEEN ON FILE FOR THIS SINCE JUNE OF 2020 AND COMMUNICATIONS HAVE OCCURRED WITH THE DEVELOPMENT SERVICE DEPARTMENT AND THEY JUST HAVE SIMPLY NOT GOTTEN ANYWHERE.
AND AGAIN, YOU'LL SEE FROM CODE'S OWN OFFICERS IN THIS PACKET, COMMUNICATION FROM ERIC GARNER, THE PREVIOUS CODE OFFICER SAYING THAT MY CLIENT IS DOING EVERYTHING THEY POSSIBLY CAN AND THAT ISN'T IN THE EMAIL ON DECEMBER 15.
UM, I AM GOING TO PAUSE RIGHT NOW BECAUSE I AM SO SORRY, BUT WE DO NOT HAVE SIX COMMISSIONERS PRESENT AT THE MOMENT.
YOUR VIDEO MUST HAVE BLINK OUT FOR A MOMENT.
UH, AT THIS POINT, UM, COMMISSION, DO YOU HAVE QUESTIONS FOR MR. BOY OR FOR CITY STAFF? YES.
I GUESS I HAVE, UM, I HAVE A MIX OF, OF, UH, OBSERVATION AND COMMENT AND, AND, UH, UM, I GATHER MS. QUERY DIRECTING OUR ATTENTION TO, AND WHY, UH, WATCHING HER THOMPSON IS REVIEWING THE EVIDENCE FOR RIGHT NOW IS THAT THE REQUIREMENTS SET FORTH THAT, UH, RULE 4 0 3 EVIDENCE REQUIRED IN CERTAIN CASES, THIS IS WHERE YOU HAVE THE FOUR, UH, THE FOUR ITEMS, ENGINEERS, OR ARCHITECTS DEAL DRAWINGS, FORMAL BREAKDOWN OF COST, UH, FINANCIAL INSTITUTION AND ESTABLISHED TIMEFRAME.
UM, I WOULD ALSO DIRECT MY FELLOW COMMISSIONERS ATTENTION TO THE LANGUAGE THAT FOLLOWS THAT ENUMERATION AND PROVIDES THE COMMISSION MAY IN ITS DISCRETION EXCEPT ALTERNATIVE FORMS OF EVIDENCE.
UM, I DON'T THINK THAT GIVES US LIKE CHECKING.
I DON'T, I DON'T THINK, UM, YOU KNOW, WE SHOULD, WE SHOULD READ THAT, UH, TO, TO MEAN THAT WE CAN ACCEPT NO EVIDENCE IN LIEU OF ANY EVIDENCE, BUT, UH, IT, THIS DOES, UH, SUGGEST A POSSIBLE, UH, UH, SORT OF THIRD WAY OUT OF A CONUNDRUM, WHICH IS IF WE CAN'T GIVE 90 DAYS TODAY, WE COULD POTENTIALLY GIVE 30 DAYS TODAY WITH THE IDEA THAT MR. BOYS COULD RETURN, UH, PROCURED ITEMS THAT WOULD SATISFY, UH, THE LEXA TODAY.
AND SO, UH, WITH THAT, I, I GUESS I, THIS IS MY QUESTION FOR MR. BOYD'S PROPERTY ON HIS REPRESENTATIVE.
DOES, DOES THAT SOUND PLAUSIBLE IN RULE FOUR SIX OF OUR RULES? AND, AND YOU CAN, YOU CAN LOCATE THIS ON, ON ONLINE PDF OF IT AND YOU CAN, YOU CAN REVIEW THESE REQUIREMENTS.
DO YOU THINK IF WE WERE TO CONTINUE THE CASE FOR 30 DAYS, YOU COULD COME BACK BEFORE US, UH, YOU KNOW, IN THE NEXT MONTH AND, UH, COME BEARING DOCUMENTS THAT WOULD SATISFY ALL FOUR OF THESE CRITERIA, UM, AND,
[02:10:01]
AND, AND SUCH AS YOU COULD CIRCULATE TO THE ENTIRE, UM, COMMISSION SO THAT WE COULD REVIEW THEM THEN, AND, AND, AND THEN POTENTIALLY, UH, GRANT A 90 DAY CONTINUANCE.DOES THAT, DOES THAT, YEAH, LET ME, LET ME JUST BRIEFLY TOUCH ON A FEW THINGS.
IF THE DEVELOPMENT SERVICES DEPARTMENT ACTUALLY APPROVES OUR PLANS COME FEBRUARY 15TH, WHICH IS THE PROPOSED DATE.
THAT IS THE ISSUE THAT WE'RE FACING AT THIS POINT IS THE DELAY THERE, DELAY THERE, THE DELAY IN THE ACTUAL PERMIT.
AND SO IF WE GET APPROVAL, BUT THAT'S NOT THAT THAT'S NOT TO SAY THAT THERE WON'T STILL BE RED LINES OF THE PLANS AND FURTHER, FURTHER DISCUSSION AND FURTHER APPROVAL NEEDED DOWN THE LINE.
ALSO, I WILL NOT BE PRESENT AT LEAST I COULD MAYBE BE PRESENT ON ZOOM, BUT I WILL NOT BE PRESENT, PRESENT, UH, IN A MONTH BECAUSE I WILL, UM, BE ON MATERNITY LEAVE.
SO THAT WON'T HAPPEN FOR ME, BUT THAT DOESN'T MEAN THAT ANOTHER ATTORNEY FROM OUR FIRM CAN'T STEP IN FOR THAT.
UM, I THINK REALISTICALLY, JUST DUE TO WHAT HAS OCCURRED WITH THIS SO FAR, AND WITH THE PERMITTING DEPARTMENT, I AM HESITANT TO SAY THAT WE CAN GET THIS DONE IN 30 DAYS AND GET AN ACTUAL CONSTRUCTION ESTIMATE TO YOU.
I HAVE EVERYTHING ELSE EXCEPT THAT CONSTRUCTION ESTIMATE.
AGAIN, I HAVEN'T LOOKED AT THIS RULE, BUT, UM, I DON'T THINK THAT THAT'S PLAUSIBLE IN 30 DAYS JUST BASED ON THE DEVELOPMENT SERVICES DEPARTMENT, ISSUING OF THE PERMIT AND REVISE PLANS.
AND IF, IF I MAY, UH, BY THE WAY, CONGRATULATIONS ON THE EXPECTED EDITION, UH, LET ME JUST, UH, SUGGEST THAT AT LEAST WITH RESPECT TO THE TIMEFRAME, UH, YOU CAN, I THINK YOU COULD PROBABLY BUILD IN CONTINGENCIES, UH, YOU KNOW, IN OTHER WORDS, IF YOU WERE TO COME BACK, UH, AND ADVISE US THAT UPON ISSUANCE OF THE PERMIT, UH, OUR CONTRACTOR TELLS US THAT IT WILL TAKE, YOU KNOW, NINE MONTHS DENSE OR, YOU KNOW, 18 MONTHS THEREAFTER.
I, YOU KNOW, I WOULD HAVE READ THAT TO BE COMPLIANT WITH THE REQUIREMENTS OF OUR RULE.
IT WOULD HAVE, UH, YOU KNOW, IT WOULD HAVE A CONTINGENCY BUILT INTO IT.
WE WOULDN'T KNOW EXACTLY WHEN THAT PERMIT IS FORTHCOMING, BUT WE WOULD HAVE AN IDEA THAT, YOU KNOW, AND, AND, AND THEN AS TO THE COST, I GUESS I DON'T HAVE, I DON'T HAVE ANY THOUGHTS ON THAT, BUT, UM, ANYWAY, THAT'S JUST, THAT'S JUST AN OBSERVATION WITH THAT.
UM, I THINK HE MISSED TWO BOYS.
UH, IF YOU HAD MORE TIME, UH, I CAN SEE, YOU CAN RE YOU HAVE SO MUCH TO DO AND SO MANY DIRECTIONS TO GO.
I WOULD THINK THAT OTHER THAN THE, YOUR, YOUR SITUATION, UM, I WOULD THINK THAT, UH, MORE THAN 30 DAYS, IT WOULD PROBABLY TAKE ONCE YOU GOT A BUILDING PERMIT, IF YOU REALLY GOT IT THAT QUICKLY, UH, AND THEN COME WITH A HARD CONTRACT AND EVERYTHING ELSE THAT NEEDS TO BE DONE TO GET THINGS STARTED, AND THEN YOU WOULD HAVE MORE EVIDENCE TO GIVE US.
SO WE COULD JUSTIFY A LONGER TIME.
I WOULD AGREE WITH THAT COMMISSIONER.
UM, I WILL SAY THAT REMINGTON HOUSE IS, IS ALREADY CONTRACTED WITH GUARDIAN CONSTRUCTION.
THEY WILL BE DOING, THEY WILL BE DOING THE WORK.
UH, THEY ARE THE, UH, CONTRACTOR LISTED ON THE PERMIT.
WE JUST DON'T KNOW WHEN, WHEN, AND WE KNOW THE SCOPE OF WORK, BUT WE DON'T HAVE AN ESTIMATE FOR YOU.
UH, BUT MY CLIENT DOES HAVE THE FUNDS TO PAY THEIR, THEIR, THEIR CONTRACTOR, UM, THROUGH THE INSURANCE PROCEEDS AND, AND THAT $606,000 CHECK THAT YOU SEE IN AN EMAIL.
UM, THOSE FUNDS ACTUALLY ARE FOR THE INSURANCE PROCEEDS DUE TO THE SECOND FIRE.
UM, THE FIRE OCCURRED IN THE SAME BUILDING, BUT THERE WAS, IT OCCURRED IN TWO DIFFERENT PORTIONS OF THE BUILDING.
AND SO THERE IS ALSO A, AN ADDITIONAL CHECK THAT, UH, WAS CUT FROM THE INSURANCE COMPANY FOR THE FIRST FIRE AS WELL.
VERY WELL IS, UH, IF YOU'RE CONCERNED WITH THE 30 DAYS WITH 60 DAYS MAY BE MORE REASONABLE, REALISTIC HOLISTIC.
SO AS A COMMISSION OF, WE HAVE OPTIONS WE CAN CONTINUE TO DISCUSS, TO DISCUSS, OR MOTIONS COULD BE MADE.
THERE IS THE OPTION TO CONTINUE THE CASE FOR 30 OR 60 DAYS, OR I BELIEVE UP TO 90 DAYS, UH, WE COULD ISSUE AN ORDER FOR 90 DAYS OR LESS.
AND, UM, I THINK THAT, UH, WHAT MY THOUGHT WOULD BE 60 DAYS, IF THAT'S A REALISTIC TIME THAT WE MIGHT NOT
[02:15:01]
PUT IT NECESSARILY IN THE FORM OF AN ORDER BECAUSE WE HAVE, YOU KNOW, WE'LL HAVE A LOT OF, UM, UH, THERE WOULD BE MORE EVIDENCE.WELL, WE'D HAVE A LOT MORE EVIDENCE AND SO ON.
AND WE WOULD HAVE MORE FLEXIBILITY AND WE WOULD KNOW MORE, WHAT WE'RE TALKING ABOUT IS THAT A MOTION TO CONTINUE THE CASE FOR 60 DAYS? YES, I SAW MOVE.
IS THERE A SECOND OR FURTHER DISCUSSION? IS THAT A SECOND COMMISSIONER STILL SAID YES.
UH, ANY FURTHER DISCUSSION, OR SHALL I CALL THE QUESTION? YOU CAN CALL THE QUESTION.
ALL IN FAVOR OF CONTINUING THE CASE FOR 60 DAYS TO THE, IT WOULD BE THE, LET'S SEE WE'RE IN JANUARY.
SO IT WOULD BE THE MARCH REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION, UH, SAY, AYE.
UH, COMMISSIONER GREEN APPEARS TO BE, APPEARS TO HAVE LEFT THE MEETING AND NO OPPOSED.
WE WILL SEE YOU IN MARCH OR, OR ANOTHER REPRESENTATIVE FROM YOUR FIRM ONE WAY OR ANOTHER.
AND IF YOU, OH, I GUESS I SHOULD SAY TOO.
UM, ARE YOU CLEAR ON WHAT EVIDENCE OR WHAT, YES.
WHAT DOCUMENTS YOU WOULD NEED TO BRING? UM, COMMISSIONER, IF YOU COULD JUST GIVE ME THE RULE, THEN I CAN GO AHEAD AND LOOK THAT UP ONE MORE TIME.
UH, MS. CURRY, IS THAT SOMETHING YOU HAVE IN FRONT OF YOU OR COMMISSIONERS STILL STEAD? POSSIBLY IT'S IN THE 4 0 6 IT'S IF YOU GO TO THE BUILDING AND STANDARDS COMMISSION WEBSITE, IT'S IN OUR RULES AND REGULATIONS.
ARE WE READY TO GO BACK TO ITEM NUMBER ONE OR SHALL WE MOVE ON TO ITEM NUMBER THREE? I DON'T KNOW.
I THINK THEY WERE ABLE TO PRINT A COPY OF THE, OF THE CHART, BUT I'M NOT SURE WHO HAS IT OR WHERE WE'RE AT WITH THAT A TOTAL OF THREE THAT WERE ROMAN VERIFIED SHOULD BE GOING ON.
SO THIS IS THE, OKAY, SO THESE SHOULD BE REMOVED.
AND MY UNDERSTANDING IS THAT FOR ANY OF THOSE CITATIONS THAT NEED TO BE REMOVED, I WOULD JUST READ THOSE INTO THE RECORD THIS EVENING, TO BE CLEAR.
SOUNDS LIKE WE'RE GOING BACK TO ITEM NUMBER ONE, THREE, THERE'S THREE AT A BOTTLE DEFICIENCIES FOR,
[1. Case Numbers: CL 2022-002066; CL 2022-002070; CL 2022-002076; CL 2022-002087; CL 2022-002099; CL 2022-002119; CL 2022-002132; CL 2022-002136; and CL 2022-002149 (Part 2 of 2) ]
SO AS, AS AN EXPLANATION TO THE REST OF THE COMMISSION, STAFF HAS BEEN DIVIDING UP THE, THE CITATIONS ON ITEM NUMBER ONE SO THAT WE WILL ONLY, IF WE ORDER ANYTHING, IT WILL ONLY BE FOR THE COMMON AREAS OF THE BUILDINGS, NOTHING THAT IS SPECIFIC TO AN INDIVIDUAL DWELLING UNIT CHAIR.DO YOU WANT ME TO READ THOSE INTO THE RECORD OR DO YOU WANT TO READ THEM INTO THE RECORD AND SEE WHAT'S BEING REMOVED? OKAY.
ACTUALLY, IF YOU HAVE IT IN FRONT OF YOU AND SINCE YOU HAVE A MICROPHONE, UM, YEAH, THAT WOULD BE GOOD TO IT.
JUST TO READ THE ITEMS THAT WILL BE REMOVED.
SO FOR BUILDING THREE HANDRAILS AND GUARDRAILS, UM, 3 0 4 POINT 12 IS BEING REMOVED AND THERE THAT'S IN THERE TWICE.
ONE IS FOR THE REPAIR OR THE REPLACEMENT OF LOOSER ROTTED HAND RAILS IN THE FOLLOWING AREAS, UNIT THREE IN THE REAR NEAR PRIVACY FENCE, NEAR THE FRONT DOOR, UNIT 11 NEAR THE FRONT DOOR, UNIT 12 NEAR THE FRONT DOOR.
AND THEN THE SECOND ONE IS REPAIR OR REPLACE THE BALCONY BALLISTERS IN THE FOLLOWING AREAS, UNIT 10 BALCONY UNIT, 13 STREET, SIDE BALCONY.
AND THEN THERE WAS A NOTE CONTACT DEVELOPMENTAL SERVICES REGARDING WHETHER OR NOT PERMITTING IS REQUIRED FOR THIS PROJECT.
AND THAT WAS, UM, THAT WAS FOR BUILDING THREE, THERE WAS A MIST, THERE'S A STAIRWAYS DECKS, PORCHES AND BALCONIES FOR BUILDING FIVE THAT THEY, THAT THE CODE OFFICER SAID WAS A MISTAKE.
UM, I IMAGINE, UM, JUST TO CLARIFY, IT WAS A MISTAKE THAT WE MARKED IT.
THIS IS ACTUALLY A GOOD, UM, VIOLATION IT'S FOR THE COMMON AREAS, BUT WE WERE MAKING THE CORRECTIONS RIGHT NOW THAT WE ACCIDENTALLY MARKET UNDER THAT IT WOULD BE, OH, OKAY.
THAT STAYS THAT'S THE VIOLATION REMAINS.
[02:20:01]
THE THIRD ONE THAT WOULD BE REMOVED IS FOR BUILDING SEVEN.IT'S ALSO HANDRAILS AND GUARDRAILS.
AND IT'S FOUR, IT SAYS ON BUILDING THAT HOUSES UNITS 36 THROUGH 43 REPAIR OR REPLACE BALLISTERS THAT ARE ROTTING AND DETERIORATING ON THIS UNIT THAT IS STREET SIDE ON THE TOP RIGHT SIDE.
AND I DON'T HAVE THAT UNIT NUMBER.
UM, BUT IT JUST SAYS ON THE UNIT THAT IS STREET SIDE ON THE TOP RIGHT SIDE.
SO I THINK THAT'S FROM THE FRONT OF THE BUILDING, FROM THE PICTURES I'VE LOOKED AT AND WE CAN DETERMINE WHICH UNIT THAT IS.
SO THOSE ARE THE THREE VIOLATIONS THAT WOULD BE REMOVED FROM THIS LIST.
AND TO CLARIFY AND SUMMARIZE AGAIN, THE INTENT IS JUST TO REMOVE ANY VIOLATIONS THAT WERE SPECIFIC TO INDIVIDUAL DWELLING UNITS.
LIKE THERE ARE BALCONIES, CORRECT.
ALL OTHER VIOLATIONS OF COMMON WALKWAYS, COMMON STAIRWAYS, UM, BUILDING EXTERIOR, INCLUDING CHIMNEYS, ALL OTHER VIOLATIONS WOULD REMAIN IN THE PROPOSED.
AND THESE ARE REMOVED FROM THE CHART THAT IS IN YOUR BACKUP.
OH, ALREADY THAT CHART WAS IN YOUR BACKUP THE WHOLE TIME, BUT THE THREE VIOLATIONS THAT HAVE BEEN REMOVED.
THIS IS THE SAME CHART THAT YOU HAVE IN YOUR BACKUP.
SO WHERE WE WERE, UM, AS A COMMISSION, WE WERE DISCUSSING, I DON'T KNOW IF THERE WERE ANY FURTHER QUESTIONS FOR ANY OF THE RESIDENTS OR THE HOA BOARD PRESIDENT OR FOR OUR CITY INSPECTOR RODRIGUEZ, OR IF ANYONE WOULD BE WILLING TO MAKE A MOTION.
I THINK, UH, THE ONLY THING WE DIDN'T REALLY GET CLARITY ON IS HOW FAR BEYOND 90 DAYS WE'D BE INTERESTED IN GOING.
I DON'T THINK WE REALLY TALKED ABOUT THAT WITH MS. MORRIS OR AMONGST OURSELVES.
UM, AND YES, AND TO BE, TO SUMMARIZE AGAIN, THE, UM, FLAGSTONE HOA EXHIBIT NUMBER ONE DID INCLUDE THOSE FOUR ITEMS THAT ARE REQUIRED IN ORDER TO EXTEND AN ORDER BEYOND 90 DAYS.
SO PERHAPS MS. MOORE, WOULD YOU, DO YOU HAVE AN OVERALL ESTIMATE OF THE AMOUNT OF TIME THAT WOULD BE REQUIRED TO, TO COMPLETE THE REPAIRS? ONCE PERMITS ARE RETAINED, IT'S ABOUT 3.5 MONTHS.
THEN FUNDING WILL BE VOTED ON, UH, FEBRUARY 22ND.
DID YOU HAVE A, YEAH, I JUST HAD A QUESTION, UM, ABOUT WHETHER OR NOT, UH, MAYBE, UM, CITY LEGAL CAN HELP WITH THIS, THE FACT THAT THEY HAVEN'T YET VOTED ON THAT MONEY.
THEY WILL RIGHT BEFORE WE HAVE OUR NEXT MEETING, BUT, UM, CAN WE CONSIDER THAT SECURED FUNDING IF THEY HAVEN'T YET HAD THAT VOTE? I GUESS THAT'S, THAT'S MY ONLY QUESTION.
UM, COMMISSIONER MUELLER, UH, IT'S REALLY THAT THERE IS, UM, IT'S IT SAYS THAT THERE'S A LETTER FROM A FINANCIAL INSTITUTION APPROVING THE REQUIRED FUNDS, UM, OR OTHER PROOF OF FUNDING.
AND SO IN THIS INSTANCE, UM, I KIND OF LEAVE IT TO YOU ALL, IF YOU, UM, DON'T WANT TO ACCEPT THAT YOU DON'T HAVE TO, THIS IS JUST, UH, THINGS THAT THEY HAVE TO PROVIDE IN ORDER FOR YOU TO CONSIDER MORE THAN 90 DAYS.
UM, AND SO IF YOU TAKE ISSUE WITH THAT, THAT IS AT YOUR DISCRETION.
UM, BUT, UH, IT DOES LOOK LIKE THEY HAVE A LETTER FROM THE BANK SAYING THAT IF THEY WERE TO APPLY FOR THE LOAN, UM, AND VOTE TO TAKE THE FUNDS THAT THEY WOULD GET IT.
SO AS A COMMISSION, OUR PUBLIC HEARING IS STILL TECHNICALLY OPEN AND IT DOES APPEAR THAT ANOTHER MEMBER OF THE BOARD WOULD LIKE TO SPEAK.
SO, UM, UNLESS ANYONE IS OPPOSED TO THAT, UM, MR. HOLDEN, WHY DON'T YOU COME TALK TO US? I JUST WANTED TO MAKE A POINT ON THAT ISSUE, PLEASE, PLEASE COME TO THE MICROPHONE SO WE CAN ALL HEAR YOU.
I JUST WANT TO BRIEF COMMENT ON THAT ISSUE BECAUSE I KNOW IT WAS BROUGHT UP EARLIER AS WELL.
UM, YOU KNOW, IT STILL HAS TO BE VOTED UPON, YOU KNOW, WHICH LEAVES A CERTAIN METAL GRAY AREA, BUT THE REALITY IS THERE ISN'T REALLY ANY OTHER OPTION, YOU KNOW WHAT I MEAN? SO WE WE'RE REALLY BRINGING A VOTE TO THE RESIDENTS, BUT THE ALTERNATE, YOU KNOW, THERE'S, THERE'S ONE ALTERNATIVE.
WE EITHER LIVE ON THE STREETS OR WE,
[02:25:01]
OR WE, OR WE APPROVE THIS LOAN.SO I DON'T THINK IT'S ANYTHING THAT YOU OR ANYONE ELSE HAVE TO HAVE TO BE CONCERNED ABOUT IN TERMS OF GETTING THAT MONEY, BECAUSE WE REALLY DON'T, WE'RE KIND OF WHERE THE LAST RESORT.
SO I JUST WANTED TO MAKE THAT POINT IT'S, IT'S NOT SOMETHING, I DON'T THINK IT'S AN ISSUE THAT WE'RE GOING TO HAVE TO WORRY ABOUT GETTING, GETTING THE VOTES THAT WE NEED BECAUSE WE REALLY DON'T HAVE ANY OTHER ALTERNATIVE IS ALL.
SO I'M LOOKING AT ALL THE THINGS THAT, THAT WE SEE IN ALL THE EXHIBITS, UM, THE CODE ISSUES ARE ONE THING, BUT THERE ARE SOME SIGNIFICANT LIFE SAFETY CONCERNS.
UM, THOSE OPEN AREAS WITH THE OPEN BOARDS, UH, THE STAIRWAYS AND THOSE THINGS ARE, ARE SIGNIFICANT CONCERNS.
SO I WOULD, UH, YOU KNOW, AND THIS IS AN OLDER BUILDING WITHOUT SPRINKLER OR, OR, YOU KNOW, A FULL ALARM SYSTEM FOR THE BUILDING EITHER.
SO I WOULD ENCOURAGE YOU ALL AS YOU GO THROUGH THIS, TO MAKE SURE THAT YOU'RE PUTTING THE SAFETY ITEMS FIRST, AS YOU PRIORITIZE WITH YOUR RECONSTRUCTION FOR THE COMMUNITY, AND THEN ALSO ENSURING THAT EVERYBODY HAS WORKING SMOKE DETECTORS IN THOSE APARTMENTS.
SO JUST, UH, JUST A FEW THINGS.
AND, UM, YEAH, I SHARE THAT CONCERN, ESPECIALLY WITH, I THINK IT WAS THE STAIRCASE ON BUILDING NUMBER THREE AND I WASN'T ENTIRELY CERTAIN IF THAT SERVED A THREE-STORY BUILDING OR A TWO STORY BUILDING, IT IS A THREE-STORY BUILDING.
AND SO PRESUMABLY NOW THE RESIDENTS ON THE THIRD FLOOR ONLY HAVE ONE MEANS OF EGRESS BUILDINGS WITH UNITS THREE THROUGH 19.
YOU HAVE STAIRS AND LANDINGS GOING TO ONE OR TWO UNITS, AND THEN YOU HAVE ANOTHER ONE GO INTO ANOTHER UNIT.
THERE'S NO DIRECT TO GO ALL THE WAY TO THE TOP OR THE MIDDLE OR THE GROUND.
I'M SPICE IT TO SAY, WE WANT THOSE STAIRS REPAIRED PRONTO.
AND SOON AS WE GET THAT PERMIT THERE ON IT EARLY FEBRUARY.
THAT'S THAT'S REASSURING TO HEAR ALL RIGHT, COMMISSION.
I WAS GOING TO ASK IF WE COULD, UM, CLOSE THE PUBLIC MEETING.
WE CAN CLOSE THE PUBLIC HEARING TO MOVE TO DO THAT SO THAT WE CAN DISCUSS AND MAKE A DECISION.
UM, YES, PUBLIC HEARING IS NOW CLOSED.
LET'S DISCUSS MY FEELING IS THAT, UH, SIX MONTHS SEEMS ABOUT RIGHT.
I FEEL LIKE WE DO HAVE ENOUGH DOCUMENTATION AND IT APPEARS THAT THE HOA IS VERY MOTIVATED TO GET THESE REPAIRS DONE, WHICH IS WONDERFUL TO SEE, UH, ALTERNATIVELY, IF WE DID A SHORTER TIMEFRAME AND IF THEY DID ACTUALLY GET INTO A PERIOD OF TIME WHERE PENALTIES WERE ACCRUING, THEY COULD COME BACK AND TALK TO US.
WE COULD ALWAYS USE THOSE, THE ACTUAL COST OF THE REPAIRS TO, TO BALANCE AGAINST ANY PENALTIES, UM, AS WE DO FOR SINGLE FAMILY HOMES.
UM, YOU KNOW, WE DO HAVE A NUMBER OF OPTIONS THIS EVENING.
SO JUST TO MAKE SURE I UNDERSTAND, UM, YES, IT IS GOING TO TAKE TIME TO MAKE ALL THE REPAIRS HANDLE EVERYTHING THAT'S LISTED IN THE VIOLATIONS OR THE COMMON AREAS, BUT WE, WE CANNOT DO ANYTHING TONIGHT IF WE'RE GOING TO ALLOW SIX MONTHS, CORRECT? NO, WE, WE CAN, WE CAN ISSUE AN ORDER TONIGHT.
AND IF THE, IF THE REST OF THE COMMISSION AGREES THAT WE HAVE ENOUGH DOCUMENTATION OF THE FOUR ITEMS THAT WE NEED TO GO BEYOND 90 DAYS, WE ABSOLUTELY CAN.
AND THOSE FOUR ITEMS ARE, SORRY, I SHOULD HAVE THESE ROLLING OFF MY TONGUE, BUT NOW THIS EVENING, FORMAL COS LETTER FROM FINANCIAL TO INSTITUTION, FUNDING PROOF, UM, CONTRACTOR ESTIMATE OF REQUIRED WORK OR ENGINEER ARCHITECTS, STEEL DRAWINGS, UM, AND ESTABLISHED TIMEFRAME.
AND WE CERTAINLY HAVE DRAWINGS.
[02:30:01]
WE HAVE A SCHEDULE CONSTRUCTION SCHEDULE.WE HAVE, UM, WE KNOW WHERE THE FUNDING IS COMING FROM AND WE HAVE A CONSTRUCTION ESTIMATE ALL IN HERE.
AND THIS IS AVAILABLE ON YOUR READERS.
WOULD YOU LIKE TO TURN THAT INTO EMOTION? WELL, I WANT TO HEAR IT FROM OTHER COMMERCIALS FIRST.
I MEAN, I, I THINK I WOULD BE COMFORTABLE AT THIS POINT WITH, YOU KNOW, 180 DAY MODIFICATION.
SO I WOULD PROBABLY VOTE IN FAVOR OF EMOTION LIKE THAT.
ONE OF THE THINGS I'VE SEEN DONE DURING THE PAST, AND IT'S KIND OF TEDIOUS AND IT'S KIND OF A PAIN AND I KNOW IT'S 20 AFTER NINE, BUT, UM, IS THE, IS, IS WHEN, WHEN GRANNY ADDITIONAL TIME OR CONTINUING TO, UH, TO MODIFY THE ORDER ALSO TO INCLUDE A PROVISION CONCERNING WHAT WE MAY DEEM MORE PRESSING LIGHT SAFETY CONCERNS, SUCH AS THOSE RAISED BY, UH, CHIEF HOLGATE MOMENT AGO.
I WONDER IF THAT'S WORTH DOING HERE AT LEAST WITH RESPECT TO, UM, THE, THE FIRE AND THE SMOKE DETECTORS, PERHAPS.
UH, I, THEY'RE GOING TO PRIORITIZE THE STAIRWAYS ANYWAY.
UH, AS SOON AS PERMITTING IS GOOD ON THOSE.
UM, AND THAT THOSE ARE KIND OF ALREADY TOP OF THEIR, OUT OF THEIR, TO DO LIST, BUT I DON'T KNOW IF THERE'S MORE THAT WE CAN DO, UH, TO, TO SORT OF PUT, PUT THE SAFETY ISSUES UP FRONT.
NO, THAT'S, THAT'S A GOOD THOUGHT.
AND I BELIEVE WE PROBABLY COULD ADD SOMETHING LIKE THAT TO THE ORDER, JUST TO REQUIRE THAT SMOKE DETECTORS, YOU KNOW, BE VERIFIED AND ALL THAT THEY ARE OPERATING AND INSTALLED IN ALL DWELLING UNITS.
UM, AND WE CERTAINLY COULD PUT A TIMEFRAME ON THAT.
WELL AS CHAIR, I DON'T LIKE TO MAKE MOTIONS, BUT I BELIEVE I ACTUALLY AM ABLE TO YES.
COMMISSIONER STOVES, DAD, I CAN, I CAN PROBABLY SPARE YOU THAT PDM IF PEOPLE, EACH THE CHAIR, UM, OKAY.
UH, THE PUBLIC HEARING HAS ALREADY CLOSED.
SO I DON'T THINK I HAVE TO INCLUDE THAT IN THE MOTION.
SO I GUESS WHAT I WOULD BE DOING HERE, UM, IS I MOVED TO ADOPT STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, UH, EXCEPT FOR, UH, THAT REQUIREMENT THAT THE, UH, REPAIRS BE COMPLETED IN, IN, IN, UH, 45 DAYS BE EXTENDED TO 180 DAYS, UH, EXCEPT WITH RESPECT TO REPAIRS, CONCERN, OR CONCERNING MOKE DETECTORS.
NO, YOU'RE, YOU'RE, YOU'RE NEARLY THERE, BUT I DON'T THINK SMOKE DETECTORS WERE PART OF THE ORIGINAL.
WE WOULDN'T BE, WE WOULD NEED TO SPECIFICALLY ADD THAT AND PROBABLY GET THAT.
AND THEY WEREN'T PART OF THE ORDER OF THE FIRST PLACE I CAME TO ACCEPT THEM OUT.
I HAVE TO AFFIRMATIVELY ADD THEM INTO MY ORDER.
UM, SO I WOULD SAY, UH, I'LL MODIFY MY ORDER, UH, MOVED TO ADOPT, UH, STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, AND RECOMMENDED ORDER, EXCEPT FOR CHANGING 45 TO 180, UH, IN THE DATE, THE COMPLIANCE AND FURTHER ORDERING THAT, UH, WITHIN, UH, 45 DAYS, UH, THE PROPERTY AND ROCHELLE VERIFY THAT SMOKE DETECTORS ARE INSTALLED IN THE OPERATING AS REQUIRED BY ANY AND ALL APPLICABLE CODE WITHIN OUR JURISDICTION.
UM, I WOULD NOTE THAT THE, THIS WOULD HAVE TO BE LIMITED TO THE SMOKE DETECTORS IN COMMON AREAS.
UM, WE WOULD NOT BE ABLE TO, UM, UH, I BELIEVE THE SMOKE DETECTORS IN INDIVIDUAL UNITS WOULD BE THE RESPONSIBILITY OF THE INDIVIDUAL PROPERTY OWNERS.
UH, THEY ARE REQUIRED TO BE ACTIVE IN WORKING EVERYWHERE, BUT AS PART OF THIS ORDER, BECAUSE WE'RE ONLY TOUCHING THE COMMON AREAS WE D UH, I'M SORRY, THE PUBLIC HEARING IS NOT YOU SMOKE DETECTORS AND COMMON AREAS, SO IT WOULD JUST BE, IT WOULD JUST BE A RECOMMENDATION OF WHAT I WOULD GO HOME WITH.
IT'S JUST A RECOMMENDATION THAT MAYBE THE HOMEOWNER'S ASSOCIATION CONTACT EVERYBODY AND VERIFY WITH PROTECTORS.
I THINK IT'S PROBABLY AS FAR AS AGAIN, JUST THE RECOMMENDATION.
SO I DON'T KNOW IF ALL THE COMMISSIONERS, UH, HEARD THAT FROM CHIEF FOCI,
[02:35:02]
BASICALLY, HE SAID IT WOULD JUST BE A STRONG RECOMMENDATION TO THE, TO ALL THE HOMEOWNERS.WE CAN'T REALLY INCLUDE THAT IN OUR ORDER BECAUSE IT'S KIND OF BEYOND OUR PER REACHER TONIGHT.
IF I UNDERSTAND CORRECTLY, THERE SIMPLY ARE NO SMOKE DETECTORS AND COMMON AREAS.
WE JUST DON'T HAVE THE, THE AUTHORITY TO ORDER ORDER THAT THAT DOES, THAT DOES THAT RIGHT.
TH THERE, THERE AREN'T ANY, TYPICALLY THAT'S NOT A REQUIREMENT.
THEN I GUESS I WOULD REVERT TO MY ORIGINAL AND I, UH, OH, COMMISSIONER SOSA.
UM, I JUST ADD THAT SINCE WE ARE DOING A TIMELINE THAT EXCEEDS 90 DAYS, WE ALSO NEED TO REQUIRE, UM, REGULAR PROGRESS REPORTS BE SUBMITTED.
THAT BASICALLY JUST VERIFY THAT, UM, THE TIME SCHEDULES THAT WERE BROUGHT TO THE COMMISSION ARE BEING FOLLOWED BY.
UM, AND I BELIEVE BY THAT WE DON'T NECESSARILY NEED TO HAVE, UM, SOMEONE APPEAR IN PERSON.
IS THAT SOMETHING THAT CITY STAFF, THAT A CODE OFFICER COULD SUBMIT, OR DO WE NEED THAT TO COME FROM THE HOA FROM THE ACTUAL PROPERTY REPRESENTATIVE? UM, NO, I DON'T BELIEVE THEY NEED TO, UM, COME, COME BACK, BUT THEY WOULD NEED TO EMAIL IT IN ADVANCE OF A MEETING, OR HOW WOULD WE GET THAT CHAIR? IT COULD BE A WRITTEN REPORT THAT COULD BE SUBMITTED TO ME OR TO THE CODE OFFICER.
HE COULD COME IN, PROVIDE A STAFF BRIEFING, UM, OKAY.
IT CAN BE DONE ANY WAY THAT YOU WANT.
YOU'D LIKE FOR IT TO BE DONE, BUT AS LONG AS WE INCLUDE THAT, AND I WOULD ASSUME THAT MEANS AT LEAST ONCE TO BE CONSIDERED REGULAR, RIGHT.
IF IT'S WRITTEN, I COULD INCLUDE IT IN THE, IN THE BACKUP.
UM, IF THE CODE OFFICER CAME AND, YOU KNOW, IF IT WAS SENT TO HIM, HE COULD PROVIDE A STAFF BRIEFING ABOUT, BUT IT'S REALLY UP TO YOU HOW YOU WANT TO HANDLE IT.
COMMISSIONERS, DO YOU WANT TO ADD THAT TO YOUR, TO YOUR MOTION? SURE.
UH, SO DO I DO IT FROM THE TOP? OR CAN I JUST, CAN I JUST SAY SO ADDED, I GUESS, LET ME, I'LL DO IT ONE MORE TIME.
I MOVED TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS BLOND RECOMMENDED ORDER, UM, EXCEPT FOR THE, UH, UH, TIME WITH COMPLIANCE, UH, TO BE, UH, MODIFIED FROM 45 DAYS TO 180 DAYS.
UH, AND TO FURTHER REQUIRE THAT THE PROPERTY OWNER COOPERATE WITH CODE STAFF TO, UH, SHOW, UH, EVIDENCE OF PROGRESS ON AS REQUIRED BY OUR RULES AND REGULATIONS ROLL 4 0 6, 4 60, THAT, YOU KNOW, THE ONES I'M NOT MOVING ANYMORE.
I THINK WE PROBABLY NEED TO TELL THEM WHEN WE WANT TO SEE THOSE REPORTS OR IT'S JUST THAT THE STAFF CAN JUST KIND OF POLICE IT.
WE ACTUALLY HAVE TO PUT THE TIME SCHEDULE OF, UH, REPORTS IN THE ORDER, THAT DEGREE OF SPECIFICITY, I'M FINE DOING IT.
IT JUST, IT JUST SEEMED LIKE SOMETHING THAT THEY WOULD, THEY COULD HANDLE, YOU KNOW, BUT WHEN YOU SAY PROVIDE WRITTEN REPORTS OR STAFF UPDATES EVERY 30 DAYS OR 60 DAYS COMMISSIONING, IF WE CAN SAY REGULAR REPORTS, THAT'S FINE.
THIS IS ACTUALLY A PROVISION OF STATE LAW.
IS THERE A SECOND FOR THIS MOTION? I'LL SECOND COMMISSIONER MAILERS SECONDED.
ANY FURTHER DISCUSSION OR SHALL I CALL THE QUESTION? OKAY.
ALL IN FAVOR OF THE MOTION TO ADOPT STAFF'S RECOMMENDED ORDER, BUT MODIFIED SO THAT THE TIMELINE IS NOW 180 DAYS INSTEAD OF 45 DAYS TO COMPLETE ALL REPAIRS.
UM, I'M NOT GOING TO READ THE WHOLE ORDER, BUT IT INCLUDES MORE THAN THAT.
AND THEN TO INCLUDE REGULAR UPDATES OF THE PROGRESS, UH, AND THAT CAN BE WRITTEN COMMUNICATION.
THAT'S COMMUNITY COMMUNICATED THROUGH THE CODE OFFICER WOULD BE SUFFICIENT FOR THAT.
SO THAT WAS UNANIMOUS SEVEN TO ZERO.
AGAIN, COMMISSIONER GREEN IS NO LONGER IN THE MEETING.
I HAVE A WRITTEN COPY OF THE ORDERS.
THESE ARE NINE ORDERS TO BE CLEAR, TWO WILL BE SENT TO YOU.
AND IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE GET WITH YOUR CODE OFFICERS.
[3. Case Number: CL 2022-002055]
CHAIR.ITEM NUMBER THREE ON THE AGENDA IS CASE CL 2022.
AND IS REGARDING THE PROPERTY LOCATED AT 2006
[02:40:01]
BLUE MATTER DRIVE STAFF EXHIBITS CAN BE FOUND IN THE BLUE GREEN BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.THIS CASE IS ABOUT A FIRE DAMAGED RESIDENTIAL MOBILE HOME AND ACCESSORY STRUCTURE.
THE STRUCTURE IS CONSIDERED DANGEROUS AND STRUCTURALLY UNSAFE.
THE PROPERTY HAS BEEN FENCED IN PLACARDED SINCE POSTING THE AGENDA.
THE CODE DEPARTMENT AND OWNER HAVE MET AND ENTERED INTO AN AGREED ORDER FOR DEMOLITION.
BOTH PARTIES HAVE EXECUTED THE AGREED ORDER, AND WE ARE HERE TONIGHT FOR YOUR FINAL APPROVAL IN YOUR READERS OR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT, 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 A FIRE INCIDENT REPORT, AS WELL AS A COPY OF THE EXECUTED PROPOSED AGREED ORDER.
AND I BELIEVE THAT'S A SEPARATE DOCUMENT, NOT ACTUAL, IS IT IN THE ACTUAL EXHIBIT JAMES NOW IT'S SEPARATE, BUT IT IS IN YOUR BACKUP.
UM, EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO G AND CODES PROPOSED AGREED ORDER AUSTIN CODE INSPECTOR, SADIE VAN CLEAVE IS ASSIGNED TO THIS CASE AND IS AVAILABLE TO DISCUSS THE VIOLATIONS AND ANSWER ANY QUESTIONS YOU MAY HAVE OTHERWISE WITH THE APPROVAL OF, OF THE COMMISSION.
I WILL JUST READ THE PROPOSED AGREED ORDER INTO THE RECORD.
IS THERE ANYONE OPPOSED TO THAT CONCEPT OF IT DOES NOT APPEAR, SO YES.
PLEASE READ THE PROPOSED ORDER OR THE AGREED UPON ORDER.
AND TO THE RECORD, STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO G STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRED THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS, DEMOLISH ALL PORTIONS OF THE RESIDENTIAL MOBILE HOME STRUCTURE AND ACCESSORY STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED, SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL MOBILE HOME STRUCTURE AND ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH 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 MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS, STAFF EXHIBITS ONE AND TWO 80 THROUGH TWO G.
AND SINCE THIS IS AN AGREED UPON ORDER, AND THERE WAS NO OPPOSITION FROM THE COMMISSION, DO WE NEED TO DO ANYTHING ELSE? I NEED TO VOTE ON WHETHER OR NOT YOU WANT TO APPROVE THE ORDER IS WRITTEN OKAY.
OR YOU COULD CHANGE IT, YOU KNOW, AMENDED.
WHERE YOU, WHERE YOU GOING TO MAKE ANOTHER MOTION, MR. I WAS NOT.
YOU LOOKED LIKE YOU WERE TRYING TO STAY AWAKE.
ALL IN FAVOR OF ADOPTING THE STAFF'S PROPOSED AGREED ORDER SAY AYE, OR WAVE YOUR HAND.
THAT PASSED SEVEN TO ZERO UNANIMOUS.
[4. Case Number CL 2021-068641]
ITEM NUMBER FOUR ON THE AGENDA IS A RETURNING CASE.THE CASE NUMBER IS C L 20 21 0 6 8 6 41.
AND IS REGARDING THE PROPERTY LOCATED AT 1200 EAST SIXTH STREET STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN THE GOOGLE DRIVE FOLDER OR READER.
THIS IS ABOUT A DILAPIDATED COMMERCIAL STRUCTURE NEAR DOWNTOWN WITH UNSAFE AND SUBSTANDARD CONDITIONS REQUIRING REPAIR.
THE COMMISSION ISSUED AN ORDER IN MAY, 2021 TO ADDRESS THE SAFETY OF THE STRUCTURE'S CANOPY AND CONTINUED THE HEARING ON THE REMAINING VIOLATIONS AT OCTOBER'S MEETING THE CASE WAS CONTINUED AGAIN IN ORDER TO PROVIDE TIME FOR THE OWNERS TO GATHER AND PRODUCE SUFFICIENT EVIDENCE AS REQUIRED BY THE COMMISSION AND RETURNS TONIGHT IN THE GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING STAFF EXHIBITS ONE THROUGH FOUR AND PROPERTY OWNER EXHIBITS ONE THROUGH EIGHT, WHICH WERE PREVIOUSLY ADMITTED EXHIBIT FIVE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS
[02:45:01]
CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP AND THE REQUIRED NOTICES OF HEARING AND POSTINGS EXHIBIT SIX, WHICH CONTAINS CODES, PHOTOGRAPHS MARKED SIX, EIGHT THROUGH SIX G.AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
UH, HAPPY NEW YEAR ALL HAVE EATEN IN A LONG TIME SINCE I'VE BEEN HERE.
UH, ANYWAY, I AM THE, UH, WILLIS ADAMS. MY NAME IS WILLIS ADAMS. I'M THE CODE INSPECTOR ASSIGNED TO THIS CASE? UH, I HAD THIS CASE ORIGINALLY, UH, WHEN HE CAME, UH, BEF UH, THROUGH 3 1, 1 IN MAY OF 2019, UH, THE UPTOWN SPORTS BAR.
UM, I ACTUALLY WOULD LIKE TO JUST GO TO THE PHOTOGRAPHS BECAUSE, UH, MELANIE IS PRETTY MUCH, UH, GIVING YOU A TIMELINE OF THE EVENTS FOR THIS PROPERTY AND, AND HOPEFULLY TO SPEED THIS ALONG.
WE'VE ALL BEEN HERE QUITE LONG TONIGHT.
UM, SIX, EIGHT, THE PHOTOGRAPH IS A CONTEXTUAL PICTURE OF, UH, THE UPTOWN SPORTS BAR.
UH, THIS IS CONSISTENT WITH THE SAME, UH, INITIAL VIEW.
I HAD WAY BACK IN MAY OF 2019, UM, TREMENDOUS AMOUNT OF GRAFFITI ON THE BUILDING.
IT'S ACTUALLY BECOME KIND OF A, UH, AMUSEMENT AREA FOR, SINCE THE GRAFFITI PARK OVER ON BAYLOR IS NO LONGER AVAILABLE FOR THE 3D ARTIST.
UM, AS YOU CAN SEE, UH, THERE HAS BEEN SOME ISSUES WITH, UH, WITH TRASH ACCUMULATING AROUND THE PROPERTY, UH, MAINLY FROM, UH, HOMELESS INDIVIDUALS WHO CAMP OUT NEAR THAT PROPERTY.
UH, THE GOOD THING ABOUT IT IS THAT IT DOESN'T PRESENT MUCH OF A SAFETY RISK BECAUSE IT IS A BRICK BUILDING.
UH, ALSO IT WOULD BE VERY DIFFICULT FOR THEM TO ENTER IT BECAUSE THE WINDOWS ON, UH, THE NEXT PHOTOGRAPH THAT, UH, SHOW YOU THEY'RE PRETTY HIGH UP THERE AT LEAST EIGHT FEET OFF THE GROUND.
UH, AND THEY DO HAVE BARS ON THEM.
THAT IS ACTUALLY A PICTURE FROM THE WALLER STREET SIDE, THE WEST SIDE OF THE PROPERTY.
UM, BACK WHEN THE ORDER WAS GIVEN FOR THIS PROPERTY, FROM THE, UH, HEARING IN MAY OF 2021, UH, ONE OF THE REQUIREMENTS WAS TO SHORE UP THE CANOPY, WHICH WAS AN ISSUE AT THE TIME, AS YOU CAN SEE, THEY, THEY ACTUALLY ADDED, UH, ANGLE BARS ONTO THOSE, UH, POSTS TO SUPPORT THE CANOPY.
UM, THERE IS A BETTER PICTURE OF THE WINDOWS.
THERE'S NO GLASS THERE, THEY'RE JUST, UH, BARS.
UH, BUT AGAIN, UH, IT'D BE VERY DIFFICULT TO, TO ACTUALLY GET INSIDE THAT BUILDING.
AND THIS IS ACTUALLY THE UNDERSIDE OF THE CANOPY FACING, UH, THE, UM, EAST SIXTH STREET SIDE OR THE, THE SOUTH SIDE OF THE PROPERTY.
AND THERE HAVE THE BOARDS HAVE BEEN REPLACED.
YOU CAN SEE NEAR THE CORNER RIGHT ABOVE THE D ON THE PHOTOGRAPH.
YOU CAN SEE THE ANGLE IRON THAT WAS PLACED THERE.
I DO BELIEVE THAT BACK IN JUNE 3RD, 2021, UH, MR. JONES, UH, GOT THE, I THINK THEY'RE CALLED, LET'S SEE, I THINK THEIR NAME IS BUFF CAN ENGINEERING WHO CAME OUT AND VERIFIED THAT, UH, THE STRUCTURE WAS, WAS STRONG AND SECURE AS WELL AS SOME, UH, THE ROOF WAS, UH, THE ROOF ISSUES.
IF THERE WERE ANY ROOF ISSUES, HE JUST MENTIONED THAT, UH, THEY COULD NOT CONTAIN A DEAD LOAD.
THE ROOF WAS FINE, IT WAS NOT LEAKING.
THIS IS A VIEW FROM THE, UH, WEST SIDE OF THE BUILDING, AND YOU CAN SEE, UH, IT'S FACING, UH, EAST, UH, YOU CAN SEE, AGAIN, THE BOARDS UNDERNEATH THE CANOPY, THE ANGLE ARE IN THERE ON THAT ONE LITTLE POST, AS WELL AS IT, THIS SIDE HAS ACTUALLY HAS GLASS IN THE WINDOWS FOR SOME REASON, BUT, UH, AGAIN, THEY, YOU CAN'T GET INSIDE THOSE WINDOWS NEXT LIGHT, AND THIS IS THE BACKSIDE OF THE PROPERTY ACTUALLY, AND THE WALL STREET SIDE.
UH, THEY HAVE BRAEDEN SOME WORK THERE.
UH, THEY HAVE A SITE PLAN EXEMPTION IN RIGHT NOW TO, UH, IN THAT WORK BEING DONE.
THERE IS ACTUALLY TO INCLUDE A BACKYARD, UH, R AND ALSO THE GREASE TRAP THAT THEY'RE, UH, HAVING INSTALLED IN THAT PROPERTY.
SO WORK HAS BEGUN AT THE SITE, AND I THINK THAT MIGHT BE THE LAST SLIDE, OR THIS IS ACTUALLY A BETTER PICTURE OF THAT, WHERE THEY'VE DUG OUT BEHIND THE BUILDING THERE, THE PROPERTY HAS FINS AND NO TRESPASSING SIGNS ARE POSTED.
UM, I THINK I HAVE ONE MORE OR IS THAT THE LAST SLIDE? THAT IS IT.
UM, I'M OPEN FOR ANY QUESTIONS.
UH, I WILL SAY IN CLOSING THAT I HAVE BEEN
[02:50:01]
IN CONTACT WITH MR. JONES, UH, THIS IS THE FIRST TIME I'VE TALKED TO HIM THIS YEAR, BUT WE'VE HAD A GOOD RAPPORT AND HE'S, UM, WHATEVER QUESTIONS I'VE HAD FOR HIM, HE'S BEEN ABLE TO ANSWER THEM.SO, ANY QUESTIONS FROM THE COMMISSION I'M AT I'M HERE, THE ENTERTAINMENT, THANK YOU.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS, STAFF ASSET MISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS, FLAW, AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT SIX, EIGHT THROUGH SIX G, WHICH WERE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF THE FOLLOWING.
ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDERS MAILED, OBTAIN, AND FINALIZE ALL NECESSARY, PERMITS, REPAIR, ALL SIDED VIOLATIONS TO THE COMMERCIAL STRUCTURE AND REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS FIVE AND SIX, EIGHT THROUGH SIX G.
AND MR. JONES, DO YOU WANT TO TALK TO US, TELL US WHAT'S GOING ON? YES.
AND THANK YOU, MR. ADAMS, DOES HE HAVE AGAIN? UM, I BELIEVE THE LAST TIME I WAS HERE IN, UM, IN OCTOBER, UH, FOR THE HEARING, WE ESTABLISHED THAT THE, UM, SAFETY CONCERNS TO THE PUBLIC WITH THE, THE CANOPY ISSUE HAD IN FACT, UH, BEEN ADEQUATELY ADDRESSED.
UM, WE, UH, HAD PULLED OUR PERMITS, UH, AND COMMENCE CONSTRUCTION, UM, IN LATE OCTOBER, AS YOU CAN SEE FROM THE, UM, PHOTOGRAPHS WERE WELL UNDERWAY, UH, IN, UH, COMPLETING CONSTRUCTION.
AND THE, UM, I BELIEVE THE ORDER FROM LAST TIME WAS THAT WE WOULD COME BACK AND REVISIT AND BE ABLE TO PRESENT SOME, UM, EVIDENCE CONCERNING THE, UM, THE BIDS FOR THE COST TO COMPLETE THE WORK, THE, UM, UH, SCOPE OF THE WORK, UH, THE SCHEDULE AND THE, UH, THE PROOF OF FUNDS.
AND I DO HAVE A COPY, UM, HERE OF, UH, THOSE THREE ITEMS. UH, I HAVE A HARD COPY AND I'LL ALSO HAVE A COPY DIGITALLY ON A USB DRIVE WITH ME.
UM, AND HOWEVER WE WOULD LIKE TO, OKAY, GREAT.
DO WE NEED TO TELL YOU HOW TO THIS OKAY.
SHOULD BE THE VERY FIRST FOLDER.
AND SO I'M JUST WOULD LIKE TO SAY THAT OUR, UM, OUR TIMELINE FOR CONSTRUCTION IS TO BE COMPLETED AT THE END OF, UM, AUGUST.
THAT IS THE TARGET COMPLETION DATE.
UH, WE HAVE SECURED ALL FUNDS, UH, TO COMPLETE THE WORK.
UH, WE WERE WILLING TO WAY PERMITS HAVE BEEN APPROVED.
UM, CONTRACTOR IS , UM, THEY'RE GOING FULL SPEED AHEAD.
AND SO JUST HERE TO SUBMIT THE EVIDENCE, UM, THAT WAS REQUESTED AT THE LAST HEARING AND, UM, UH, ASKED THAT, UH, YOU KNOW, I GUESS THIS BE CONTINUED PERHAPS UNTIL, UM, THE CONSTRUCTION SCHEDULE, UH, TIMEFRAME, AND THEN REVISIT IT AT THAT POINT, CAUSE THAT WILL ADDRESS, YOU KNOW, UH, GLOBALLY, UH, ANY ISSUES WE, WE, UH, PLAN TO BE FULLY DONE BY, BY AUGUST.
SO WITH THAT, UM, I THINK WE'VE, WE'VE GONE THROUGH THE HISTORY QUITE A BIT IN THE PRIOR TWO HEARINGS, BUT I'M GLAD TO, TO RECEIVE ANY, ANY QUESTIONS OR ANYTHING FROM THE COMMISSION.
UH, I'M GOING TO TAKE A MINUTE TO LOOK THROUGH THIS AND THEN, UM, FOR THE REMOTE COMMISSIONERS, WE ARE GOING TO GET THAT UPLOADED FOR YOU HERE SHORTLY.
AND MEANWHILE, I WILL GO AHEAD AND ADMIT, UM, WHAT ARE WE GOING TO CALL THIS THE 1200 EAST SIXTH STREET EXHIBIT A? OH, I'M SORRY.
SOUNDS LIKE WE ONLY HAVE THE ONE HARD COPY.
UM, SO, SO I'M NOT GOING TO ADMIT THIS EXHIBIT A, BUT I WILL DESCRIBE WHAT I'M SEEING AND THEN I WILL PASS IT ON TO COMMISSIONER THOMPSON AND HE CAN TELL ME IF HE DISAGREES OR NOT.
[02:55:01]
OKAY.IT SOUNDS LIKE AS LONG AS I DESCRIBED WHAT, WHAT IS IN FRONT OF ME, THEN THAT WILL BE SUFFICIENT FOR US TO DECIDE IF WE HAVE ENOUGH INFORMATION.
SO I'M SEEING A CONSTRUCTION SCHEDULE, UM, AGAIN, CHART, WHICH IS, IT LOOKS VERY THOROUGH, TINY PRINT.
I AM SEEING A CONSTRUCTION BREAKDOWN OF COSTS AGAIN, VERY THOROUGH.
AND I AM SEEING A LETTER FROM A BANK SAYING THAT FRONTIER BANK IS A, YES, IT IS.
UH, GREG CABOT, THE VICE-PRESIDENT AT FRONTIER BANK SUBMITTED THAT LETTER.
AND THAT, UM, THE ENTITY 1200 EAST SIXTH STREET HAS SECURED SUFFICIENT FUNDS TO COMPLETE THE CONSTRUCTION OF THE PROJECT.
AND WE KNOW THAT THEY HAVE, UH, ENGINEERS AND ARCHITECTS DRAWINGS BECAUSE IT'S BEEN SUBMITTED FOR PERMITTING.
SO WE KNOW THAT THAT ALSO EXISTS AND I WILL PASS THIS DOWN TO YOU, COMMISSIONER THOMPSON.
SO, UH, DO ANY OF THE COMMISSIONERS HAVE QUESTIONS EITHER FOR JASON JONES OR FOR, UM, INSPECTOR ADAMS? I'M NOT SEEING ANY QUESTIONS.
HOW ABOUT YOU COMMISSIONER THOMPSON? WELL, NO, I HAD TO PUT ON SOME OF THIS IS SO TINY THAT YOU HAVE TO, I DON'T THINK I COULD READ IT WITH GLASSES EITHER, BUT I DO KNOW THAT IT IS A CONSTRUCTION SCHEDULE THAT, THAT SOMEONE HAS PUT A LOT OF THOUGHT INTO.
IS YOUR MICROPHONE, ARE YOU GOING TO HAVE A GRAND OPENING? YES.
IT'S SAFE TO SAY, WHERE ARE YOU GOING TO ADVERTISE IT BECAUSE I WANT TO GO, ALL RIGHT, WE'LL KEEP, KEEP YOUR EYES OUT.
UM, YOU KNOW, WE'RE, WE'RE HOPING, YOU KNOW, WITH THE CONSTRUCTION FINISHING IN, IN, UH, THE END OF AUGUST, UH, WE'RE HOPING TARGET SOMETIME IN OCTOBER, UH, TO, TO BE OPEN TO THE PUBLIC.
SO THAT SOUNDS VERY GOOD AS THOSE OF US WHO LIVE ON THE EAST SIDE OR VERY PROUD OF THAT.
WELL, UH, I AM TOO, IT'S BEEN A LONG TIME.
I'VE BEEN INVOLVED SPECIFICALLY WITH THIS PROPERTY SINCE 2009 AND IT'S BEEN, UH, BEEN QUITE THE ENDEAVOR AND IT'LL BE A GOOD DAY WHEN, WHEN THE DOORS OPEN.
SO ANY QUESTIONS, COMMENTS, DISCUSSION, MOTIONS FROM THE COMMISSION? OH YES.
I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING, AND THEN I'D LIKE TO MOVE THAT WE ACCEPT STAFF'S RECOMMENDATION, EXCEPT THAT WE AMEND THE TIMELINE TO BE NINE MONTHS FROM TODAY, WHICH I BELIEVE WOULD FIT IN THERE.
THE SCHEDULE THAT THEY, UM, PRESENTED TO US WITH THOSE MATERIALS.
ANY FURTHER DISCUSSION OR SHALL I CALL THE QUESTION? IS THIS JUST TO ADD, BECAUSE WE JUST DID ONE OF THESE, DO WE HAVE TO ALSO MAKE THIS ONE SUBJECT TO OUR REQUIREMENT THAT THEY PROVIDE REGULAR PROGRESS REPORTS? YEAH.
AND SHOULD WE INCLUDE THE SAME TYPE OF WORDING MS. COMMISSIONER MUELLER? OR WOULD YOU LIKE TO ACTUALLY HAVE ANYONE COME BACK IN PERSON? UM, NO.
I THINK THE WORDING WE HAD BEFORE, WHICH WAS TO MAKE, UM, WHAT WAS IT? REGULAR UPDATES.
I FORGET WHAT THE LANGUAGE WAS.
YOU'RE SUGGESTING IT WAS REGULAR WRITTEN UPDATES, WHICH COULD BE COMMUNICATED THROUGH THE DATES.
SO THE MOTION IS TO ADOPT STAFF'S RECOMMENDED ORDER, BUT, BUT, BUT AMEND THE TIMEFRAME TO NINE MONTHS FOR COMPLETION, THAT'D BE 270 DAYS TO HOW MUCH NINE MONTHS WOULD IT BE? HOW MANY DAYS THAT'D BE, IT'D BE PRETTY CLOSE TO 270 ISH.
I DON'T KNOW IF THERE'S A, I DON'T KNOW IF THE CITY PREFERS DAYS OR MONTHS AND HE'S JUST RIGHT.
IS THAT ACCEPTABLE? MS. MILLER.
SO 270 DAYS FOR COMPLETION AND TO HAVE REGULAR UPDATES ON THE PROGRESS WRITTEN UPDATES AVAILABLE, WHICH COULD BE COMMUNICATED THROUGH YOUR CODE OFFICER OR COMMUNICATED DIRECTLY TO STAFF TO AND CHAIR.
[03:00:01]
EXHIBIT A, THE SCANNED VERSION FOR THOSE PEOPLE THAT ARE ON? I DIDN'T KNOW.THERE WERE, THEY WERE WORKING ON IT TRYING TO GET IT.
OH, I THOUGHT THAT THAT'S WHY I DESCRIBED IT BECAUSE I THOUGHT THAT WE WERE UNABLE TO DO THAT.
SO SHE CAN, SORRY FOR US TO SEE THE EXHIBITS BECAUSE THE WITNESS HAS ALREADY TESTIFIED TO THEM AS WELL.
WELL, UNLESS, UNLESS THERE ARE ANY OBJECTIONS TO ME CALLING THE QUESTION WITHOUT YOU SEEING THE EXHIBIT, I WILL CALL THE QUESTION.
ALL IN FAVOR OF THE MOTION, SAY AYE.
THAT WAS SEVEN TO ZERO UNANIMOUS.
WE LOOK FORWARD TO THE OPENING.
THANK YOU, COMMISSIONER CHAIR.
UH, I THINK YOUR, IS YOUR MICROPHONE ON MS.
[6. Staff briefing regarding progress and next steps related to the Repeat Offender Program audit recommendations from the City Auditor Presenter: Daniel Word]
SALLY? YES, WE HAVE STAFF BRIEFING ITEM NUMBER SIX IS, UM, AN NUMBER SIX ON THE AGENDA AS A STAFF BRIEFING ASSISTANT DIRECTOR.DANIEL WORD IS HERE TO PROVIDE YOU WITH THE REPEAT OFFENDER PROGRAM UPDATE REGARDING THE PROGRAM AUDIT AND PLANS FOR DISCUSSION OF ORDINANCE CHANGES.
UH, GOOD EVENING COMMISSIONERS.
I'M AN ASSISTANT DIRECTOR OF THE AUSTIN CODE DEPARTMENT.
UM, MY PURPOSE HERE TONIGHT IS TO GIVE YOU ALL A STAFF BRIEFING ON OUR NEXT PHASE.
UM, AS WE WORK TO IMPLEMENT THE RECOMMENDATIONS FROM THE REPEAT OFFENDER PROGRAM AUDIT THAT WAS CONDUCTED BY THE CITY AUDITOR, UH, YOU CAN GO TO THE NEXT SLIDE.
I'LL PROVIDE A QUICK SUMMARY OF THE THREE RECOMMENDATIONS PROVIDED IN THE AUDIT, UM, ALONG WITH DISCUSSING OUR EXPECTED TIMELINE, UH, FOR OUR STAKEHOLDER ENGAGEMENT, UM, AS WE MOVE FORWARD WITH THE THIRD AND FINAL RECOMMENDATION FROM THE AUDIT.
UM, AS YOU MAY BE AWARE, THE CITY AUDITOR, UH, CONDUCTED AN AUDIT OF THE REPEAT OFFENDER PROGRAM AND RELEASED ITS FINAL REPORT IN OCTOBER OF 2020.
UM, THIS REPORT FOUND THAT THE CURRENT PROGRAM IS NOT ENSURING THAT TENANTS ARE LIVING IN PROPERTIES THAT MEET MINIMUM HEALTH AND SAFETY REQUIREMENTS, UH, TO IMPROVE OUTCOMES FOR TENANTS AT PROGRAM PROPERTIES, THE AUDITOR MADE THREE RECOMMENDATIONS.
UH, ONE WAS TO DEVELOP A VOLUNTARY INCENTIVE PROGRAM, UM, AND INCREASE ENFORCEMENT OF THE CURRENT ORDINANCE, PARTICULARLY AROUND THE SUSPENSION PROCESS.
THAT'S OUTLINED IN THE CURRENT PROGRAM, UH, TO STREAMLINE THE PROCESSES, USED TO IDENTIFY, UH, PROPERTIES THAT ARE PROGRAM ELIGIBLE AND THEN THREE WORK WITH THE CITY LAW DEPARTMENT AND, UH, CITY COUNCIL TO REVISE THE REPEAT OFFENDER PROGRAM.
UM, WE HAVE COMPLETED IMPLEMENTATION AND EVALUATION OF RECOMMENDATIONS RECOMMENDATIONS ONE AND TWO.
UH, IN REGARDS TO THE RECOMMENDATION ONE, WE RESEARCHED, UH, PURE TEXAS CITIES, UM, SURVEYED PROPERTY MANAGERS AND LANDLORDS.
AND WE SPOKE TO THE STAKEHOLDERS, UH, THAT REPRESENT THOSE ENTITIES.
UM, AND WE FOUND, WE WERE ONLY ABLE TO FIND ONE TEXAS CITY THAT HAS A VOLUNTARY INCENTIVE PROGRAM ACTIVE.
AND UNFORTUNATELY, AUSTIN CODE DEPARTMENT IS NOT ABLE TO REPLICATE THE INCENTIVES THAT THAT CITY OFFERS THROUGH THAT PROGRAM.
UM, ADDITIONALLY, UH, WE FOUND THAT IMPLEMENTATION OF SUCH A PROGRAM WOULD REQUIRE ADDITIONAL FUNDING AND RESOURCES AND OUR STAKEHOLDERS, UH, REPRESENTING THE PROPERTY OWNERS AND PROPERTY MANAGERS ADVISE THAT SUCH A PROGRAM COULD POTENTIALLY EVEN DETRACT FROM OUR ABILITY TO ENFORCE THE CURRENT ORDINANCE THAT WE HAVE.
UM, SO CONSIDERING ALL OF THAT, UH, WE'VE MADE A DECISION THAT OUR EFFORTS ARE PROBABLY BETTER PLACED IN TRYING TO IMPROVE OUR EFFORTS WITH THE CURRENT ORDINANCE, AS OPPOSED TO TRYING TO STAND UP A NEW ADDITIONAL PROGRAM.
UM, ONE OF THOSE EFFORTS IS INCREASING UTILIZATION OF THE SUSPENSION PROCESS IN THE CURRENT ORDINANCE.
AS OF TODAY, 11 PROPERTIES IN THE REPEAT OFFENDER PROGRAM ARE UNDER SUSPENSION.
UM, I'LL REMIND ALL THE COMMISSION THAT A PROPERTY UNDER SUSPENSION IS NOT ELIGIBLE TO RENT VACANT UNITS UNTIL THE PROPERTY BRINGS ANY VIOLATIONS INTO COMPLIANCE.
UM, WE ISSUED OUR FIRST INTENT OF NOTICE TO SUSPEND, UM, IN JUNE OF 2020.
UM, AND THUS FAR WE HAVE FOUND THAT TOOL TO BE QUITE EFFECTIVE AND INCURRED IN ENCOURAGING PROPERTY OWNERS TO BRING PROPERTIES INTO COMPLIANCE.
UM, ADDITIONALLY, OUR DEPARTMENT IN CONSULTATION WITH, UH, THE COMMUNICATION AND TECHNOLOGY MANAGEMENT DEPARTMENT HERE AT THE CITY,
[03:05:01]
WE'RE ABLE TO MAKE SOME IMPROVEMENTS TO THE INTERNAL REPORTING THAT WE USE TO IDENTIFY PROPERTIES THAT HAVE POTENTIALLY MET THE CRITERIA TO BE ENROLLED IN THE REPEAT REPEAT OFFENDER PROGRAM.UM, THIS NEW REPORTING SYSTEM ALLOWS US TO GET REAL-TIME DATA, UM, AND HAS STREAMLINED OUR REVIEW PROCESS OF THOSE PROPERTIES, UH, WHICH IN TURN ALLOWS OUR STAFF TO FOCUS MORE ON ACTUAL FIELD CONDITIONS OF PROPERTIES, AS OPPOSED TO SPENDING TIME SCRUBBING DATA.
UM, AND AS FAR AS RECOMMENDATION, NUMBER THREE, WE'RE BEGINNING IMPLEMENTATION OF THAT, UH, PROCESS TONIGHT.
UM, AND SO YOU CAN GO TO THE NEXT SLIDE.
UM, THE THIRD RECOMMENDATION FROM THE AUDIT REPORT, INSTRUCTS US TO BRING FORWARD REVISIONS TO THE CURRENT PROGRAM AND ORDINANCE, INCLUDING CONSIDERATION OF A FULL RENTAL REGISTRATION PROGRAM, UH, POTENTIALLY RENAMING THE PROGRAM AND CONSIDERING MODIFICATIONS TO THE FEE STRUCTURE FOR THE PROGRAM, UH, TO ENSURE THAT THE ENTIRE COMMUNITY HAS A VOICE IN ANY RECOMMENDATIONS WE BRING FORWARD.
UH, WE INTEND TO ENGAGE WITH OUR PROGRAM STAKEHOLDERS, UH, WITH THE INTENTION OF COMPLETING THOSE DISCUSSIONS BY THE END OF MARCH.
UM, OUR DESIRE IS TO GATHER POSITIONS AROUND THE PROGRAM AND CAPTURE IDEAS ON WHAT CHANGES, MODIFICATIONS, AND IMPROVEMENTS SHOULD BE CONSIDERED.
UH, OUR DEPARTMENT WILL ALSO CREATE AN ONLINE PORTAL, UH, TO ALLOW FOR COLLECTING COMMUNITY FEEDBACK ON THE PROGRAM AS WELL.
UH, WE'LL THEN TAKE THAT INFORMATION, EXPLORE FEASIBILITY, UM, IF ANY IDEAS PRESENTED AND THEN COME BACK TO THE STAKEHOLDERS IN JULY, UH, TO PRESENT OUT OUR FINDINGS, UH, THESE CONVERSATIONS WILL HELP GUIDE US, UM, IN TERMS OF CREATING AN INITIAL DRAFT OF ANY, UH, ORDINANCE CHANGES, OF COURSE, THAT WILL BE IN COORDINATION WITH THE LAW DEPARTMENT AS WELL.
UM, I ANTICIPATE COMING BACK TO THIS COMMISSION TO PRESENT OUR FINAL RECOMMENDATIONS TO YOU, UH, PRIOR TO BRINGING THOSE RECOMMENDATIONS TO COUNCIL IN OCTOBER, UM, YOU CAN GO TO THE NEXT SLIDE.
UM, I WANT TO THANK YOU ALL FOR YOUR SERVICE TO THE COMMUNITY.
UM, I INVITE EACH OF YOU EITHER INDIVIDUALLY OR AS A BODY, UH, TO PROVIDE ANY FEEDBACK, ADVICE OR SUGGESTIONS Y'ALL MAY HAVE, UH, REGARDING THE REPEAT OFFENDER PROGRAM.
UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE, AND I'M EXCITED TO ENGAGE OUR COMMUNITY AROUND CONVERSATIONS OF THIS IMPORTANT PROGRAM.
AND I'M SO EXCITED TO DIG INTO THIS.
UNFORTUNATELY, WE ARE OUT OF TIME TONIGHT, SO, UM, UNLESS THE COMMISSION WANTS TO VOTE TO EXTEND THE MEETING BY ABOUT FIVE MINUTES, I THINK, UM, THIS IS SUCH AN IMPORTANT TOPIC AND ONE THAT WE HAD INTENDED TO DIG INTO SEVERAL MONTHS AGO AND NEVER REALLY DID THAT.
I MEAN, WE HAD ESTABLISHED A WORKING GROUP AND WE HAVE YET TO MEET, UH, THANKS TO DELTA AND ELMA CRON AND ALL SORTS OF THINGS.
AND I'M HAPPY TO COME BACK AT ANY TIME IF Y'ALL NEED ANY INFORMATION FROM ME.
YEAH, WE WOULD, WE WOULD LOVE TO BE A PARTNER WITH THAT.
COULD WE EXTEND THE MEETING FOR JUST A FEW MINUTES TO GO THROUGH FUTURE AGENDA ITEMS? AND ALSO I CAN JUST GIVE EVERYBODY A COUPLE OF LITTLE ANNOUNCEMENTS ABOUT THE RETREAT I WOULD LIKE TO DO THAT.
THAT'S THREE, IS ANYONE OPPOSED? TAKE ABOUT FIVE MINUTES, 10 MINUTES AT THE MOST SHOW.
LET'S LET'S UH, UNLESS ANYONE IS OPPOSED, LET'S EXTEND THE MEETING FOR UNTIL 10:05 PM.
[7. Discussion regarding the upcoming Building and Standards Commission retreat]
WE HAVE A DATE FOR THE, FOR THE RETREAT.IT WILL BE ON FEBRUARY THE 11TH AT CITY HALL AND THE BOARDS AND COMMISSIONS ROOM FROM NINE 30 TO 12.
AND THIS WOULD BE ALSO RESERVED AN EXECUTIVE SESSION ROOM FOR THE EXECUTIVE SESSION, UM, THAT WE DID NOT HAVE LAST YEAR WE HAVEN'T HAD YET.
AND SO THIS WOULD ALSO BE A HYBRID MEETING.
UM, SO LIKE WITH THIS MEETING, OTHER THAN JAMES, THE CHAIR AND MYSELF, WE, EVERYONE ELSE WOULD HAVE THE OPTION TO ATTEND REMOTELY OR IN PERSON.
I WOULD SAY THAT WITH THE EXECUTIVE SESSION, UM, IT DOESN'T IN HYBRID BECAUSE WE'RE ONLY ABLE TO SHOW LIKE THE WHOLE TABLE, UM, WITH THE WAY THAT THE, UH, THINGS ARE SET UP IN THE EXECUTIVE SESSION ROOM.
SO ANYBODY WHO'S WILLING TO COME IN PERSON, IT WOULD PROBABLY BE A BETTER, UM, EXPERIENCE.
UM, BUT I UNDERSTAND THAT THERE'S STILL A LOT OF COVID CONCERNS.
AND SO I JUST WANT IT TO, UH, EIGHT THIRD, OH, IT'S SCHEDULED FROM NINE FROM NINE 30 TO 12 ON FEBRUARY 9:30 AM TO 12 NOON
[03:10:04]
ON FEBRUARY THE 11TH THAT'S ON A FRIDAY AND IT WILL BE IN THE BOARDS AND COMMISSIONS ROOM, WHICH IS ACROSS THE HALL FROM HERE.THAT'S WHAT WE HAVE THE OTHER ONE, THAT'S WHERE WE HAD THE OTHER ONE.
WE TRIED AND IT'S ON MY CALENDAR.
UM, AND THAT WAS REALLY, I ASSUME THE AGENDA WILL BE THE SAME.
WE'LL FOCUS ON THE CODE DEPARTMENT ORIENTATION WITH FOCUS ON BETTER UNDERSTANDING OF THE COMMISSION'S ROLES AND RESPONSIBILITIES CASE PROCESSING AND ESCALATION.
AND I THINK WE PROVIDED YOU WITH A REFERENCE GUIDE AT THE LAST, UH, FOR THOSE OF YOU THAT CAME IN FOR THOSE OF YOU THAT HAVEN'T, UM, RECEIVED ONE YET.
UM, AND THEN WE'LL HAVE AN EXECUTIVE SESSION TO DISCUSS, UM, 9,500 DECILE ROAD.
[FUTURE AGENDA ITEMS]
AGENDA ITEMS. I JUST WANTED TO ADD TOO.WE HAVE THAT TOUR COMING UP OF THE FACILITY OF THE NEW DSD FACILITY.
UM, I'VE GOT THOSE RESCHEDULED FOR FEBRUARY 4TH AND FEBRUARY 21ST.
IF YOU HAVE NOT SIGNED UP FOR ONE OF THE TOURS AND YOU'D LIKE TO ATTEND, PLEASE LET ME KNOW WHAT DAY YOU'D LIKE TO, WHAT IF YOU'D LIKE TO ATTEND AND WHAT DAY? UM, THEY'RE BOTH SCHEDULED FOR 10 TO 11:00 AM.
WHO DO WE CONTACT TO INDICATE THAT? UH, WHICH DAY WE PERFORM ME, CONTACT ME.
YOU CAN TELL ME RIGHT NOW IF YOU'D LIKE YOU SAID, FEBRUARY, FEBRUARY? YES.
SO FEBRUARY 4TH, NO, FEBRUARY 4TH AND FEBRUARY 18TH.
I'M SORRY, FEBRUARY 4TH, FEBRUARY 18TH.
AND THE 11TH IS THE, FOR THE RETREAT.
AND, OH, I'D LIKE TO ATTEND THE FOURTH, PLEASE.
YOU'D LIKE TO ATTEND THE FOURTH.
UM, AND YOU SAID, IT SAID THAT MAKES SURE I CAN GIVE YOU THE ADDRESS OR I CAN I'LL EMAIL EVERYONE, UM, TO REMIND YOU AT 63, 10 WILAMENA DEL CO DRIVE.
IT'S THE PDC EVENT CENTER OR THE IT'S THE, UM, IT'S THE NEW DSD PO PERMITTING CENTER.
I'D LIKE TO ATTEND ON THE 18TH.
AND YOU, NO ONE HAS TO TELL ME IF YOU DON'T KNOW YET, YOU DON'T HAVE TO TELL ME TONIGHT.
I'LL GET YOU THE ADDRESS BEFORE WE LEAVE TONIGHT.
LET ME LOOK AT A CALENDAR REAL QUICK.
LET'S OTHER MAJOR AGENDA ITEMS. YES.
SO THERE WAS AN AGENDA ITEM, ACTUALLY.
I, WELL, WE'LL TALK ABOUT THIS AT THE RETREAT, BUT THERE WAS A POTENTIAL AGENDA ITEM THAT CAME THROUGH VIA EMAIL.
I DON'T KNOW IF IT'S A POSSIBILITY TO SCHEDULE THAT FOR FEBRUARY.
THERE WERE ACTUALLY TWO THAT CAME VIA EMAIL.
LET'S START WITH THE ONES THAT WE KNOW OF FROM TONIGHT.
SO, SO FROM TONIGHT WE KNOW THAT WE HAVE, UM, BARWOOD COMING BACK 600 BARWOOD WOULD BE COMING BACK IN.
THEN WE HAVE THE ONE ON WEST 14TH STREET FROM CITIZENS COMMUNICATION 60 DAYS.
THEY JUST WANTED, YOU HAD NOT DECIDED, WELL, YEAH.
DO WE WANT TO PUT THAT ON THE, I'M SEEING AT LEAST TWO COMMISSIONERS WHO WANTED ON THERE? YES.
AND I HAVE TWO WRITTEN DOWN THAT I GOT IN MY EMAIL, ONE WAS 1209, BOB HARRISON.
AND THE OTHER WAS 85, 23 NORTH CAPITAL, TEXAS HIGHWAY.
UH, MISS ALLIE, I HAVEN'T EVEN FORWARDED YOU THE SECOND ONE YET.
CAUSE THAT CAME THROUGH YESTERDAY AND THAT ADDRESS I'LL FORWARD IT TO YOU.
I KNOW BOB HARRISON IS GOING THROUGH OUR PROCESS AND UM,
[03:15:02]
THEY STILL HAVE, I DON'T THINK THEY, EVEN THEIR COMPLIANCE TIME, THEY HAVE 30 DAYS TO COMPLY, YOU KNOW? SO WE HAVE TO GO THROUGH THAT PROCESS BEFORE, YOU KNOW, I THINK THERE, IT HASN'T BEEN ESCALATED TO BSC YET, BUT IT IS GOING THROUGH THE, AND THE SECOND ONE I'LL SEND TO YOU AND AT LEAST MAKE SURE IT'S IN THE PIPELINE.FROM LAST MONTH WE HAD, UH, WE DO HAVE ONE COMING BACK FROM LAST MONTH.
BITTER CREEK IS RETURNING FROM LAST MONTH.
YOU HAD ASKED AT THE DECEMBER MEETING FOR, TO COME BACK IN FEBRUARY.
WE'LL SEE EVERYONE AT THE RETREAT.
AND ARE WE CALLING THE TIME? YES.
THE TIME IS LET THE RECORD REFLECT.
YEAH, YOU CAN JUST CALL ME UP AND ALL YOU EVER DID WAS LEAD ME THIS TIME.
I WON'T BE COMING BACK AROUND.