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[CALL TO ORDER]
THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR FEBRUARY 23RD, 2022.LET THE RECORD REFLECT THAT THE TIME IS, UH, 6:37 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL CALL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU WERE HERE.
ACTUALLY, I'LL JUST CALL THE ENTIRE ROLL CALL BY NAME AND, UM, AS A REMINDER TO THE COMMISSION MEMBERS WHO ARE REMOTE THIS EVENING, PLEASE TURN YOUR CAMERA ON FOR THE ROLL CALL AND FOR EACH VOTE.
IN FACT, UH, I BELIEVE REALLY YOU NEED TO HAVE YOUR CAMERA ON ANY TIME YOU ARE, UM, CONTRIBUTING, YOU KNOW, SPEAKING TO US WOULD BE GREATLY APPRECIATED.
SO THIS EVENING, DO WE HAVE PABLO ABILA OR VICE CHAIR WITH US THIS EVENING? I DO NOT SEE PABLO COMMISSIONER WORDY THOMPSON HERE.
GREAT COMMISSIONER, JOHN GREEN.
COMMISSIONER TIMOTHY, STOW STUD, GREAT COMMISSIONER ELIZABETH MUELLER HERE.
WONDERFUL COMMISSIONER SHAW DAY OR GUMBO DAY.
GREAT COMMISSIONER, EDWARD SEELIG.
WONDERFUL COMMISSIONER, MICHAEL FRANCIS HERE.
THANK YOU AND COMMISSIONER JOSEPH BENIGNO HERE.
THANK YOU, ED AND FIRE, CHIEF THOMAS VOKEY.
ARE YOU WITH US THIS EVENING? YES, I'M HERE.
SO BEFORE THE CASES ARE CALLED THIS EVENING, THE COMMISSION WILL ENTERTAIN PUBLIC 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.
AND I ACTUALLY DON'T BELIEVE WE HAVE ANYONE HERE FOR CITIZENS.
COMMUNICATION DOES NOT APPEAR.
SO TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR THREE OF THE FOUR CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER 21 CASES FROM THREE DIFFERENT PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, THE COMMISSIONS COORDINATOR, MELANIE ALLIE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.
AND I WILL DO MY BEST THIS EVENING BEFORE WE BEGIN TO HEAR CASES TO MAKE SURE THE PROPERTY REPRESENTATIVE IS IF YOU'RE REMOTE, IF YOU'RE ACTUALLY ON THE LINE AND READY TO GO, 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 RAIN? THAT'S ME CITY HALL.
AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS.
I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.
AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT AT A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.
SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE WHO ARE REMOTE THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN,
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OKAY, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.IF SO, PLEASE SIGNIFY BY SAYING I DO.
AND FOR THOSE WHO ARE REMOTE, UM, I DON'T NEED TO HEAR FROM YOU UNLESS YOU DISAGREE WITH THIS STATEMENT.
AND IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
OH, YOUR MICROPHONE IS NOT ON MS. ELLIE.
[APPROVAL OF MINUTES]
THE MINUTES, I HAVE A REVISED MINUTES FROM THE DECEMBER 8TH MEETING.UH, THERE WAS A PARAGRAPH THAT WAS PART OF THE LANGUAGE WAS LEFT OFF IN THE APPROVED MINUTES FROM DECEMBER 8TH ON THE ITEM ITEM, NUMBER FIVE, WHICH WAS REGARDING, UM, AN APPEAL.
SO WE'VE EDITED THAT AND ADDED THAT LANGUAGE.
AND THEN, SO IF YOU COULD VOTE ON THAT AND THEN ALSO THE MINUTES FROM JANE, THE JANUARY MEETING.
HAS, HAS THE COMMISSION HAD AN OPPORTUNITY TO REVIEW THE MINUTES FOR, FROM DECEMBER AND FROM JANUARY? AND IF SO, WOULD ANYONE LIKE TO MAKE A MOTION? UH, YES.
UM, I THINK I'M LOOKING AT THE RIGHT DOCUMENT THE MINUTE THAT IT HAS TWO SETS OF MINUTES IN THAT SAME DOCUMENT.
THE ONE THAT GOES UP THROUGH ITEM NUMBER EIGHT, THE FIRST SET IS FROM DECEMBER 8TH.
IT'LL SAY THAT THE TOP OF THE, SO OPEN UP, IT HAS A COVER ON IT.
SO IT'S GOING TO HAVE A SET THAT ARE FROM DECEMBER AND THEN THE SECOND SET IS FROM JANUARY.
I THINK IT'S THE ONE FROM DECEMBER ITEM NUMBER EIGHT, THE S IT SEEMS LIKE THERE'S AN INCOMPLETE SENTENCE THERE IT'S ITEM NUMBER FIVE, WHICH IS FROM THE, IT SHOULD BE THE, THE PORTION THAT'S INCOMPLETE IS REGARDING THE APPEAL.
NO, I, I SAW THAT, THAT, THAT HAD BEEN CORRECTED, BUT I'M JUST LOOKING AT ITEM NUMBER EIGHT ALSO HAS A SENTENCE THAT JUST ENDS MID SENTENCE.
WELL THEN WE'LL HAVE TO, IF YOU'D LIKE TO TABLE THAT UNTIL NEXT, THEIR NEXT MEETING, I CAN CORRECT IT AGAIN.
AND WE COULD VOTE ON THOSE MINUTES NEXT MONTH AND THAT'S OKAY.
AND I'M SORRY, I'M HAVING TROUBLE ACTUALLY PULLING UP THE MINUTES RIGHT NOW.
SO THAT'S JUST FOR THE DECEMBER MINUTES.
AND THE JANUARY MINUTES, THEY SHOULD BE RIGHT BEHIND THE DECEMBER MINUTES AND THE SAME UNDER THE SAME HEADER.
YOU'RE LOOKING AT THE AGENDA THERE.
THE MINUTES AREN'T ON, YOU DON'T HAVE THE MINUTES RANG.
WE APPROVE THE JANUARY MINUTES.
WAS THAT COMMISSIONER GREEN? OKAY, GREAT.
SO ALL IN FAVOR OF APPROVING THE JANUARY, SORRY, WHAT IS THE DATE ON THE JANUARY MEETING? THE JANUARY 26TH, 2022 MINUTES.
AND, UM, I, AND DOES ANYONE OPPOSE, DID ANYONE ABSTAIN? I WASN'T HERE, SO I ABSTAINED.
AND YOU CAN VOTE ON MINUTES AS LONG AS YOU REVIEW THEM, UH, WHETHER YOU'RE HERE OR NOT, IF YOU'D LIKE TO.
BUT WE HAD, IT LOOKS LIKE WE'VE GOT FIVE ONLINE AND FOUR HERE, SO THAT'S NOT EIGHT, EIGHT AND ONE STAINED, CORRECT? CORRECT.
SO, UH, SINCE THERE IS NO ONE SIGNED UP FOR CITIZEN COMMUNICATION, I BELIEVE MS. SALLY, WE ARE READY TO MOVE ON TO CASE NUMBER ONE.
I WILL CHECK TO MAKE SURE THAT WE HAVE EVERYONE ONLINE CASE LIST UP FIRST ITEM.
NUMBER ONE ON THE AGENDA IS A COMMERCIAL MULTI-FAMILY PROPERTY, SALLY.
I'M GOING TO SEE THAT WE HAVE EVERYONE ON AVAILABLE ON THE LINE FIRST.
UH, DO WE HAVE THERE IN DUBAI WITH US? WE DO STEM MY SHE'S SHE'S WAITING TO BE ADMITTED.
AND IS THERE A REMINDER TO EVERYONE WHO IS REMOTE EXCEPT FOR THE COMMISSIONERS? IF YOU ARE WATCHING US ON TV, I BELIEVE THERE IS A DELAY, BUT IF YOU ARE SPEAKING TO US ON THE PHONE, WE HEAR YOU IN REAL TIME.
IT SEEMS LIKE WE LOST AARON TEMPORARILY, UH, 5 7, 5, NUMBER 6, 3, 6.
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SHE SAID SHE'S ATTEMPTING TO TALK.I DON'T HAVE HER ON THIS, IN THIS MEETING.
I DON'T HAVE THAT NUMBER AT ALL.
AND IS THIS OLIVIA RUTLEDGE THAT WE'RE SPEAKING WITH RIGHT NOW? YES MA'AM.
AND IS COREY ROGERS GOING TO JOIN OR NOT? AARON? DEVOIDS WITH COREY ROGERS.
LET'S UM, AND AS FAR AS YOU KNOW, SHE IS ATTEMPTING TO JOIN RIGHT NOW, COULD THEY HAVE CALLED IN FROM IT? WHAT NUMBER DID THEY CALL IT FROM? FIVE SEVEN, FIVE IT'S FIVE SEVEN, FIVE, SIX, THREE SIX NUMBERS.
SHE SAID THAT SHE CAN HEAR Y'ALL, BUT YOU CAN'T HEAR HER AND SHE'S NOT NEEDED.
COULD SHE BE BLOCKED BRAIN? DO YOU THINK IT WOULD BE BEST FOR HER TO JUST HANG UP AND TRY AGAIN? I THINK THAT WOULD BE BEST.
CAN YOU, CAN YOU SEE A PC 5 1, 2 6, 4, 3 NUMBER? YES, I DO HAVE THAT NUMBER.
WELL, OH, AND CAN YOU GUYS? YES.
CAN YOU HEAR ME THIS WEEKEND? THANK YOU.
SO WE DO HAVE EVERYONE FROM THE PROPERTY REPRESENTATIVES IS NOW AVAILABLE ON AN ONLINE IS WHAT IT SOUNDS LIKE.
MISS ELLIE, IF YOU WOULD LIKE TO GO AHEAD AND PROCEED.
[1. Case Numbers: CL 2022-017553; CL 2022-017560; CL 2022-017562; CL 2022-017563; CL 2022-017564; CL 2022-017566; CL 2022-017567; CL 2022-017568; CL 2022-017569; CL 2022- 017570; CL 2022-017571; CL 2022-017576; CL 2022-017577; CL 2022-017578; CL 2022- 017579; CL 2022-017580; CL 2022-017587; CL 2022-017588; and CL 2022-017590 Property address: 9200 North Plaza (aka Park at Stone Creek Apartments) – Exterior of Bldgs. 2, 5, 6, 21, 22, 24-34, Pool (near Bldg. 25), Laundry Room (near Bldg. 13) and Sport Court. Owner: TMIF Park at Stone LP Staff presenter: John Serna Staff recommendation: Repair Repeat Offender Program multi-family commercial structures]
NUMBER ONE ON THE AGENDA IS AN A, A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 9,200 NORTH PLAZA.ALSO KNOWN AS PARK AT STONE CREEK APARTMENTS PARK AT STONE.
TONIGHT, YOU WILL BE CONSIDERING THE EXTERIORS OF BUILDINGS, 2 5, 6 21 22, 24 THROUGH 2024 THROUGH 34, THE POOL NEAR BUILDING 25, THE STANDALONE LAUNDRY NEAR BUILDING 13 AND A SPORT COURT, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE FOLDER OR READER ENTITLED 9,200 NORTH PLAZA.
THE CASE NUMBERS CAN BE VIEWED IN THE COMBINED RECOMMENDED ORDER, AND RATHER THAN READ THEM OUT TO YOU INDIVIDUALLY, THEY ARE BEING DISPLAYED ON THE SCREEN.
LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.
THIS IS A COMMERCIAL MULTIFAMILY PROPERTY WITH 34 BUILDINGS AND 420 RESIDENTIAL UNITS.
AS I MENTIONED BEFORE TONIGHT, WE'LL BE ADDRESSING THE EXTERIOR OF 16 BUILDINGS, THE POOL, A STANDALONE LAUNDRY ROOM AND A SPORT COURT.
THESE CASES ARE PART OF THE REPEAT OFFENDER PROGRAM AND WERE OPENED AS A RESULT OF ANNUAL INSPECTIONS.
THESE AND OTHER CASES FOR THIS PROPERTY WERE ESCALATED TO BSC REVIEW IN 2021, DUE TO SUN SUBSTANDARD AND UNSAFE CONDITIONS, WHICH HAVE NOT BEEN REMEDIED AND REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU'LL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES, EXHIBIT ONE, AND EVEN NUMBERED EXHIBITS TWO THROUGH 38, WHICH CONTAINS THE COMPLAINANT 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.
ODD NUMBERED EXHIBITS THREE THROUGH 39, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
AUSTIN CODE INVESTIGATOR, JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INVESTIGATOR CRNA, PLEASE BEGIN YOUR TESTIMONY.
I'M A CITY OF AUSTIN CODE INVESTIGATOR.
THE CASES I AM PRESENTING BEFORE YOU WILL BE 4 90, 200 NORTH PLAZA, AN EXTERIOR, PERIODIC REPEAT OFFENDER PROGRAM INSPECTION.
AND THE CA THE FACTS OF THE CASE ARE AS FOLLOWS.
THIS PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM, AND IT HAS BEEN SO WITH THE CURRENT OWNERS, SINCE SEPTEMBER OF 2017, IN MAY OF 2020, I WAS REASSIGNED TO THIS PROPERTY UPON MY INSPECTIONS OF THIS PROPERTY AND THIS MULTIPLE CASES I FOUND THE PROPERTY HAS VARIOUS EXTERIOR
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AND INTERIOR IPMC VIOLATIONS.AND SEPTEMBER OF 2021, I POSTED THIS PROPERTY WITH THE NOTICES OF VIOLATIONS FROM SEPTEMBER, 2021 THROUGH TODAY, FEBRUARY 22ND, I HAVE FOUND MULTIPLE.
I HAVE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY, AND I HAVE FOUND FEW DEFICIENCIES HAVE BEEN ADDRESSED AND MANY REMAIN THE FOLLOWING PHOTOGRAPHS.
I AM PRESENTING AS EVIDENCE REPRESENT.
MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS.
EXHIBIT THREE, A AND B ARE CONTEXTUAL PHOTOGRAPHS OF THE FRONT OF THE PROPERTIES, MONUMENT SIGN AND BUILDING TWO EXHIBITS THREE SEE-THROUGH THREE, ER, REPRESENTATIVE PHOTOGRAPHS OF SOME OF THE CITING CONDITIONS FOUND THROUGHOUT THE PROPERTY, INCLUDING BUILDING TWO, ALONG WITH UNSECURED OR IMPROPERLY SECURED GUARDS AND DAMAGE TO EXTERIOR CEILING VENTS, EXHIBIT THREE, HE SHOWS THE UNSEALED SIDING BEHIND MANY OF THE SERVICE DISCONNECTS ON THE PROPERTY.
EXCITED, PLEASE EXHIBITS THREE F THROUGH THREE J ARE SOME OF OUR, SOME REPRESENTATIVE EXAMPLES OF DEFICIENCIES FOUND THROUGHOUT THE PROPERTY, INCLUDING BUILDING TWO OF DETERIORATION IN THE STAIRWAYS AND DEFICIENCIES IN THE STAIRWAY OVERHANGS OR CANOPIES EXHIBIT 3G IS A REPRESENTATIVE PICTURE OF A CONDITION FOUND IN MANY OF THE OVERHANGS OR CANOPIES OVER THE STAIRWAYS OF THIS PROPERTY.
EXHIBIT THREE H IS A PICTURE OF THE STRUCTURAL POSTS MEANT TO HOLD UP THE STAIRWAY OVERHANG OR CANOPY FIRMLY TO THE CONCRETE PAD.
I INCLUDED EXHIBIT THREE, I, AS A REFERENCE FOR WHAT AN ADEQUATELY SECURED STRUCTURAL POST SHOULD LOOK LIKE.
EXHIBIT THREE J NEXT SLIDE, PLEASE.
J IS WHAT MANY, IF NOT, MOST OF THESE STRUCTURAL POSTS LOOK LIKE ON THE PROPERTY MISSING THEIR CONCRETE EMBEDDED ANCHORING BOLTS AND NUTS, EXHIBIT THREE K THROUGH 3M, A REPRESENTATIVE PICTURES OF ELECTRICAL INSTALLATIONS AND REPAIRS AND CONDITIONS FOUND THROUGHOUT THE PROPERTY AND BUILDING TO EXHIBIT THREE K A COMMON CONDITION FOUND ON THE PROPERTY OF DAMAGED ELECTRICAL CONDUIT LINES.
EXHIBIT THREE, AL IS OF AN L IS OF ELECTRICAL INSTALLATIONS THAT WERE MADE IN NEED OF OBTAINING PERMITS AND CORRECTIONS.
UH, EXHIBIT THREE, M'S THAT AN ATTEMPT TO REPAIR A MISSING DEAD FRONT COVER WITH A NON-TESTED NON UL CERTIFIED HOMEMADE LIM G SHEET METAL CUTOUT.
THIS CONCLUDES MY PRESENTATION OF BUILDING TWO, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING FIVE.
A'S A CONTEXTUAL PHOTOGRAPH OF BUILDING FIVE, EXHIBIT FIVE, B AS ANOTHER PHOTOGRAPH PHOTOGRAPHIC REPRESENTATION OF MORE UNSEALED AREAS INTO THE ROOFING OF BUILDING FIVE, BE IT THROUGH DAMAGE VENT COVERS OR CEILING ACCESS COVERS EXHIBITS FIVE C AND D ARE MORE PHOTOGRAPHS, PHOTOGRAPHIC EXAMPLE OF ELECTRICAL INSTALLATIONS, REPAIRS AND CONDITIONS FOUND THROUGHOUT THE PROPERTY AND BUILDING FIVE EXHIBIT FIVE.
CAN WE GO BACK A SLIDE PLEASE? EXHIBIT FIVE C IS ANOTHER PHOTOGRAPH THICK REPRESENTATION OF MORE ELECTRICAL INSTALLATION OF NEED OF OBTAINING PERMITS AND TO HAVE CORRECTIONS MADE MANY HAVE, INCLUDING, UM, MANY ARE MISSING THE, THE, UH, INSTALLATION FORM ON THE SUCTION LINES.
EXHIBIT D IS ANOTHER EXAMPLE OF IMPROPERLY INSTALLED ELECTRICAL CONDUITS OF A GROUND LEVEL MECHANICAL APPLIANCE.
NEXT SLIDE, PLEASE EXHIBIT FIVE AND FIVE F ARE MORE REPRESENTATIVE PICTURES OF THE STAIRWAY CANOPIES IN BUILDING FIVE AND IMPROPER INSTALLATION OF THEIR STRUCTURAL UNSECURED POSTS AS SEEN IN EXHIBIT FIVE F THIS CONCLUDES MY PRESENTATION OF BUILDING FIVE, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING SIX EXHIBITS SEVEN EIGHT IS A CONTEXTUAL PHOTOGRAPH OF BUILDING SIX, ALONG WITH A HOLE IN THE SIDING ABOVE THE SIGN.
EXHIBIT SEVEN, B IS A REPRESENTATIVE PHOTO OF COMMON DEFICIENCY FOUND THROUGHOUT THE PROPERTY AND BUILDING SIX OF MISSING LIGHT FIXTURE COVERS.
EXHIBIT SEVEN C IS ANOTHER REPRESENTATIVE REPRESENTATIVE PHOTO OF MORE ELECTRICAL INSTALLATIONS AND NITA CORRECTIONS AND PERMITS MISSING INSULATING FOAM ON THE MECHANICAL SUCTION LINES, UNSEALED HOLES IN THE BRICKS AND
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GUTTERS AND DOWNSPOUTS AND DISREPAIR AND NOT FUNCTIONING AS INTENDED.EXHIBIT 70 IS REPRESENTATIVE PHOTO OF ANOTHER COMMON ISSUE ON THE PROPERTY OF WINDOWS IN DISREPAIR.
NEXT SLIDE, EXHIBIT SEVEN E AND F ARE MORE PHOTOGRAPHIC, EXAMPLES OF MORE IMPROPERLY INSECURED.
SECOND STORY GUARDRAIL AND STAIR RAIL LANDINGS IN DISREPAIR.
EXHIBIT SEVEN G IS THE SAME LAND THAT YOU'VE SHOWN IN SEVEN F, BUT FROM A DIFFERENT ANGLE, SHOWING THIS AN AREA WHERE KIDS FREQUENT EXHIBITS SEVEN H WE COULD LEAVE IT THERE PLEASE THROUGH K R SADLY, MORE PHOTOGRAPHIC EXAMPLES OF THE CONDITION PLAGUING THIS PROPERTY, THAT EXHIBITS MORE ELECTRICAL INSTALLATIONS THAT WERE MADE, UH, WITHOUT PERMITS AND NEED OF PERMITS AND REPAIRS, INCLUDING A SOLID FOREMAN SELECTION, A SUCTION LINE SOIL EROSION, AS YOU CAN SEE RIGHT HERE UNDER THIS NEAT, THIS UNIT, NEXT SLIDE, PLEASE UNSEALED HOSE IN THE BRICK AND PROPERLY INSTALLED ELECTRICAL CONDUITS AND SERVICE PANELS ALONG WITH EXPOSED ELECTRICAL CONNECTIONS AT SCENE AND EXHIBIT SEVEN, K.
THIS WILL CONCLUDE MY PRESENTATION OF BUILDING SIX, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 21 EXHIBIT NINE A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 21 EXHIBIT NINE.
B IS ANOTHER MORE, UH, ANOTHER REPRESENTATIVE, UH, PHOTOGRAPH OF LIGHT FIXTURES MISSING COVERS IN DAMAGED OR MISSING VENT COVERS EXHIBITS NINE C THROUGH NINE, ER, MORE PHOTOGRAPHS OF MISSING VALVES AND PROPER REPAIRS IN THE BRICK AND SIDING GUTTER AND DOWNSPOUTS IN DISREPAIR, ALONG WITH MORE IMPROPERLY, UH, IMPROPERLY SECURED AND OR LOOSE BOLTS IN THE SECOND STORY GUARDRAILS.
NEXT SLIDE IN EXHIBITS NINE F THROUGH H ARE MORE PHOTOGRAPHIC EXAMPLES AS MENTIONED BEFORE IN THE DETERIORATION FOUND ON THE STAIRWAYS, THE UNSECURED STRUCTURAL POSTS OF THE OVERHAND CANOPIES, AND SOME DETERIORATION FOUND IN THEM AS NOTED IN EXHIBIT NINE G X, NEXT SLIDE EXHIBITS NINE THROUGH NINE L IS AGAIN, REPRESENTATIVE PHOTOGRAPHS OF PREVIOUSLY SHOWN ISSUE AND OTHER BUILDINGS OF MISSING SERVICE PANELS FOR THE AIR CONDITIONER.
UM, FOR THE ELECTRICAL SERVICES FOUND FOR THIS BUILDING.
THESE COVERS ARE MEANT TO SHIELD PEOPLE FROM HIGH EMPEROR AMPERAGE, AS YOU SEE HERE, UH, EXHIBIT NINE, I, UH, THE MISSING PANEL WAS REPLACED WITH A WOODEN ONE.
I'M SORRY, CAN WE GO BACK NINE KS, AN EXAMPLE OF MANY OF THE EXTERIOR DOORS THAT ARE FOUND ON THIS PROPERTY? EXHIBIT NINE L IS AN ISSUE THAT I CAME ACROSS ON THE 14TH OF A RAW SEWAGE THAT WAS LEFT THERE, UH, TO RUN OFF INTO THE CREEK IN THE, IN THE BACKGROUND, AS YOU CAN SEE, UM, THEY DID, THEY DIDN'T BOTHER TO CLEAN IT UP AND THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 21 AND WE WILL BE BEGIN OUR PRESENTATION OF BUILDING EXHIBIT 11 EIGHT IS A CONTEXTUAL PICTURE OF BUILDING 22 EXHIBITS EXHIBITS 11 B THROUGH E 11 D.
AND EXHIBIT 11, NAF WILL BE PHOTOGRAPHIC EXAMPLES OF MORE DOORS IN DISREPAIR, CLOGGED GUTTERS, MISSING LIGHT FIXTURES AND SIDING IN DISREPAIR.
EXHIBIT 11 E 11, G AND 11 H ARE MORE PHOTOGRAPHIC REPRESENTATIONS OF DETERIORATION FOUND IN THE STAIRWAYS.
AND AGAIN, UNSECURED STRUCTURAL POSTS OF THE CANOPIES OVER THE STAIRWAYS.
UM, EXHIBIT 11, G N 11 H SHORT MORE STRUCTURAL SHOW.
ONE OF THE STRUCTURAL POSTS OVER THE EDGE OF THE CONCRETE PAD X SLIDE, EXHIBIT 11 EYES, A PHOTOGRAPH OF MORE ELECTRICAL INSTALLATIONS IN NEED OF OBTAINING PERMITS AND HAVING CORRECTIONS MADE MANY ARE MISSING FOAM INSULATION ON THE SECTION LINES AND PROPERLY INSTALLED ELECTRICAL CONDUITS, UM, AND SERVICE PANELS ALONG WITH EXPOSED ELECTRICAL CONNECTIONS, EXHIBIT 11 H AGAIN IS ANOTHER PHOTOGRAPH OF ANOTHER SECOND STORY GUARD RAIL WITH LOOSE BOLTS AND, AND PROPERLY, UH, SECURED GUARD RAIL.
THIS WILL CONCLUDE MY PRESENTATION
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OF BUILDING 22 AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 24.NEXT SLIDE EXHIBIT 13 IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 24 SHOWING EXPOSED ELECTRICAL AT THE BASE OF THE LIGHT ABOVE THE BUILDING SIGNAGE, ALONG WITH A HOLE IN THE BRICK, UH, EXHIBITS 13 THROUGH 11 THROUGH 13 F AND APOLOGIZE ARE MORE PHOTOGRAPHIC EXAMPLES OF MISSING VALVES, MORE FAILING GUTTER SYSTEMS, UNSECURED, SECOND STORY GUARDRAILS DAMAGED OR MISSING SIDING WITH MORE HOLES LEADING TO, UH, TENANTS CEILINGS.
UH, NEXT SLIDE AS SHOWN IN EXHIBIT 13 F CAN YOU GO BACK A SLIDE PLEASE? UH, ONE FORWARD EXHIBITS, 13 GNH OR MORE PHOTOGRAPHS OF DETERIORATION FOUND IN THE STEREO, THE STAIRWAYS, AND SECOND STORY WALKWAYS OF BUILDING 24.
UH, AS YOU CAN SEE, SOME OF THE, UH, METAL FLASHING IS STARTING TO PEEL AWAY FROM THE BUILDING AS SHOWN IN EXHIBIT 13 H NEXT SLIDE, PLEASE.
AGAIN, MORE ELECTRICAL INSTALLATIONS FOUND IN BUILDING 24 IN NEED OF OBTAINING PERMITS AND TO HAVE CORRECTIONS MADE MANY HAVE DAMAGED OR IMPROPERLY INSTALLED CONDUIT LINES, TWO MISSING SUCTION, UH, MISSING FORM ON THE SUCTION LINES.
THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 24, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 25 EXHIBIT 15, A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 25 EXHIBITS, 15 B THROUGH 15 G AND EXHIBIT 15 L WILL BE PHOTOGRAPH EXAMPLES OF MISSING DAMAGE EVENT COVERS MORE FAILING GUTTER SYSTEMS, UNSECURED, SECOND STORY GUARDRAILS, MORE HOLES IN BRICK AND EXTERIOR CEILINGS IN DISREPAIR.
AS WE CAN SEE EXIDE IN EXHIBIT 15 G AGAIN, THESE WERE TAKEN, UM, 14TH OF FEBRUARY EXHIBIT 15 H AGAIN, SHOWS MORE PHOTOGRAPHIC.
EXAMPLES OF DETERIORATION FOUND THAT STAIRWAYS THROUGHOUT THE PROPERTY, UH, INCLUDING BUILDING 25.
NEXT SLIDE EXHIBITS 15 THROUGH 15 K, ALONG WITH EXHIBITS, 15 M AND N ARE MORE, UM, PHOTOGRAPHIC EXAMPLES OF EXTRA OF ELECTRICAL INSTALLATIONS FOUND IN BUILDING 25, A NEED OF OBTAINING A PERMIT AND TO HAVE CORRECTIONS MADE MANY HAVE DAMAGED OR IMPROPERLY INSTALLED CONDUIT LINES TO SUCTION LINES, MISSING PHONE AND PROPERLY INSTALLED SERVICE DISCONNECTS AND PROPERLY COVERED ELECTRICAL JUNCTION BOXES AND APPLIANCES, UH, WITHIN THE BUILDING, UM, LAUNDRY ROOM, NOT FUNCTIONING AS INTENDED AS WE CAN SEE.
NEXT SLIDE IN EXHIBIT 15, M EXHIBIT 15 N IS A PHOTOGRAPH OF A MAIN ELECTRICAL PANEL.
I FOUND DURING MY FOLLOW-UP INSPECTION OF BUILDING 25, WHERE THE ELECTRICAL METER HAD BEEN PULLED BY THE UTILITY COMPANY.
UH, YOU CAN SEE AN IMPROPER REPAIR WAS MADE TO THE MAIN PANEL OF TRYING TO REPAIR A UL TESTED, UM, DEAD FRONT FACE PLATE COVER WITH ANOTHER HOMEMADE FLIMSY, UM, COVER FOR THIS MAIN PANEL.
THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 24.
WE'LL BEGIN OUR, I MEAN OF BUILDING 25 AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 26.
EXHIBIT 17 IS A CONNECTION CONTEXTUAL PHOTOGRAPH OF BUILDING 26, AND IT WAS ALSO CITING FOR MISSING SITED FOR MISSING THE PROPER BUILDING IDENTIFICATION AS REQUIRED BY CODE EXHIBIT 17, B AND C ARE PHOTOGRAPHIC EXAMPLES OF EXPOSED ELECTRICAL NECK COLLECTIONS, UM, AS SEEN BY THE, UH, IN THE LIGHT IN EXHIBIT 17 B AND THE SIDING INDUSTRY PAIRED BOTH EXHIBITS, UH, AS SEEN IN 17, SEE BEHIND THE ELECTRICAL PANELS, UH, EXHIBIT 17 D IS ANOTHER PHOTOGRAPHIC EXAMPLE OF DETERIORATION IN THE STAIRWAYS FOUND THROUGHOUT THE PROPERTY, INCLUDING BUILDING 26.
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MORE GUTTERS, NOT FUNCTIONING AS INTENDED.MANY ARE JUST CLOGGED WITH LEAF LITTER NEXT, UH, IN THE FOLLOWING SLIDES OF 17 F THROUGH 17 H UM, AGAIN, MORE, MORE PHOTOGRAPHIC REPRESENTATION OF ELECTRICAL INSTALLATIONS FOUND IN BUILDING 26 IN NEED OF OBTAINING PERMITS, UH, TO HAVE THESE CORRECTIONS MADE AGAIN, MANY, HAVE MANY, MANY HAVE DAMAGED OR IMPROPERLY INSTALLED CONDUIT LINES, UM, MISSING FOAM ON THE SUCTION LINES AND PROPERLY INSTALLED SERVICE DISCONNECTS AND PROPERLY COVERED ELECTRICAL JUNCTION BOXES AND RECEPTACLES AS SEEN IN EXHIBIT 17, H THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 26, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 27.
SORRY, WE HAD A LITTLE BACKGROUND NOISE.
YOU HAD SOME BACKGROUND NOISE.
EXHIBIT 17 A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 26 AND WAS ALSO CITING, OR I'M SORRY, BUILDING 27.
YOU DID 17 ALREADY EXHIBITS OR 20.
WE'RE GOING TO 27, RIGHT? SO EXHIBIT 19, A APOLOGIZE FOR THAT.
IS IT CONTEXTUAL PHOTOGRAPH OF BUILDING 27, UH, EXHIBITS 19 B THROUGH 19 H OR MORE PHOTOGRAPHIC EXAMPLES OF DETERIORATION FOUND IN THE STAIRWAYS AS WE HAD SEEN IN PREVIOUS PICTURES OF UNSECURED STRUCTURAL POSTS OVER THE CANOPIES AND THE STAIRWAYS, INCLUDING UNMAINTAINED GUTTERS, NON-WORKING AREA LIGHTS, HOLES, AND EXTERIOR CEILINGS AND IMPROPERLY SECURED GUARD RAILS.
NEXT SLIDE AS SEEN IN EXHIBIT 19 H EXHIBITS 19.
AND J ARE MORE PHOTOGRAPHIC REPRESENTATIONS OF THE ELECTRICAL INSTALLATIONS FOUND IN BUILDING 27 IN NEED OF PERMITS AND CORRECTIONS NEED TO BE MADE MANY HAVE DAMAGED OR IMPROPERLY INSTALLED CONDUIT LINES MISSING SUCTION LINE ON THE MISSING FOAM ON THE SUCTION LINES IMPROPERLY SIR, IMPROPERLY INSTALLED SERVICE DISCONNECTS AS SEEN IN THE 19 J AND OR IMPROPERLY INSTALLED JUNCTION BOXES.
THAT'LL CONCLUDE MY PRESENTATION FOR BUILDING 27 AND WE WILL BEGIN PRESENTATION OF BUILDING 28 EXHIBIT 21 A AS A CONTEXTUAL PHOTOGRAPH OF BUILDING 28 EXHIBITS 21 B THROUGH 21 F WILL BE PHOTOGRAPHS OF UNREPAIRED SITING BEHIND THE ELECTRICAL METERS CLOGGED GUTTERS, UM, AS SEEN IN EXHIBIT 21 C AND DOWNSPOUTS DECORATIVE FEATURES SUCH AS THESE IN EXHIBIT 21 D WITH DETERIORATION.
UM, NEXT SLIDE, LOOSE BOLTS IN THE SECOND STORY GUARDRAILS AND LOOSE FIXTURES HANGING FROM THE PORCH CEILINGS AS WE CAN SEE IN EXHIBIT 21 F EXHIBITS 21, UH, H AND 21, UH, JAY MIGHT'VE WROTE THAT WRONG.
I APOLOGIZE, BUT EXHIBIT 21 H AGAIN IS, UH, UM, I'M SORRY, NEXT SLIDE.
21 H AND I THROUGH AND J ARE MORE FOOT OR FOR PHOTOGRAPHIC REPRESENTATIONS OF THE X, UH, THE, UH, ELECTRICAL INSTALLATIONS ON THIS PROPERTY.
AGAIN, A LOT OF THESE REPAIRS, UH, HAVE BEEN MADE, UM, THEY NEED TO GET PERMITS AND HAVE THESE THINGS INSPECTED SO THAT WE CAN BRING THEM UP TO MINIMUM SAFETY STANDARDS.
AS YOU CAN SEE, THERE'S EXPOSED ELECTRICAL AND, UH, UH, EXPOSED, UH, IMPROPERLY INSTALLED ELECTRICAL CONDUITS.
THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 28 AND WE WILL BEGIN BUILDING 29 EXHIBIT 23 A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 29, ALSO CITED FOR MISSING THE PROPER BUILDING IDENTIFICATION AS REQUIRED BY CODE
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EXHIBIT 23, B THROUGH 23 F WILL BE PHOTOGRAPHS OF SIDING INDUSTRY PEAR, MORE CLOGGED GUTTERS, DOWNSPOUTS, MORE LIGHTS AND DISREPAIR BLOCKED VENTS OR MISSING COVERS AND AND VALVES.UM, EXHIBIT 23 G AND 23 H OR MORE PHOTOGRAPHS OF SUBSTANDARDS CONDITIONS FOUND IN THE SECOND STORY, WALKWAYS AND DETERIORATING STAIRWAYS OF BUILDING 29.
AGAIN, THERE'S, THAT'S A, ANOTHER, UH, PIECE OF FLASHING AND EXHIBIT 23 G THAT IS PULLING AWAY FROM THE BUILDING EXHIBIT 23.
CAN WE GO, UH, EXHIBIT 23? I ANOTHER, UH, AGAIN, LIKE WE SAID TO COMMON CONDITION FOUND OF LOOSE, UH, GUARDRAILS FOR THE PROPERTY EXHIBIT 23 J IS A PHOTOGRAPHIC REPRESENTATION OF ANOTHER MORE WINDOWS IN DISREPAIR.
UM, EXHIBIT 23 K AND 23 L WILL BE MORE EXAMPLES OF MORE ELECTRICAL INSTALLATIONS, UH, THAT HAVE BEEN MADE OR REPAIRED WITHOUT, UH, OBTAINING A PERMIT.
UM, AND THEY NEED CORRECTIONS.
YOU CAN SEE IMPROPER INSTALLATION OF ELECTRICAL, CONDUIT, EXPOSED, ELECTRICAL, AND MISSING, UH, INSULIN, UH, INSULATING FOAM ON A LOT OF THE SUCTION LINES.
THAT'LL, UM, CONCLUDE MY PR MY PRESENTATION OF BUILDING 29 AND WE'LL BEGIN OUR PRESENTATION OF BUILDING 30 EXHIBIT 25 A'S CONTEXTUAL PHOTOGRAPH OF BUILDING 30 EXHIBITS 25 B THROUGH 25 D MORE PHOTOGRAPHS OF MISSING ANTI-SCIENCE AND VALVES SIDING INDUSTRY PAIR AS SHOWN IN EXHIBIT 25.
SEE THE MAJORITY OF THE, OF THE SIDING BEHIND ALL THE ELECTRICAL PANELS, UM, FOR THE ENTIRE PROPERTY, INCLUDING BUILDING 13 R IS IN DISREPAIR.
AS WE CAN ALSO SEE IN EXHIBIT 25 D WHERE THE SIDING IS BEGINNING TO PULL AWAY FROM THE BUILDING.
NEXT SLIDE, PLEASE EXHIBIT 25 THROUGH 25 GR MORE PHOTOGRAPHIC EXAMPLES OF MORE CLOGGED GUTTERS, UM, LOOSE ENTERING PROPERLY, UH, SECURED SECOND STORY GUARDRAILS AND MISSING LIGHT FIXTURE COVERS AS SEEN IN EXHIBIT 25 G EXHIBITS 25 H AND I ARE MORE PHOTOGRAPHIC REPRESENTATION OF ELECTRICAL INSTALLATIONS FOUND IN BUILDING 30 INSTALLATIONS AND NEED OF OBTAINING PERMITS AND TO HAVE CORRECTIONS MADE MANY HAVE DAMAGED OR IMPROPERLY, UH, INSTALLED CONDUIT LINES, UM, FOAM MISSING ON THE SUCTION LINES OF MECHANICAL APPLIANCES AND PROPERLY INSTALLED SERVICE DISCONNECTS.
NEXT SLIDE, PLEASE, AND OR IMPROPERLY, UH, INSTALLED ELECTRICAL JUNCTION BOXES AND COVERS AS SEEN IN EXHIBIT 25.
I EXHIBIT 25 J SHOWS A BROKEN WINDOW.
THAT'S BEEN LIKE THAT FOR QUITE SOME TIME IN BUILDING 30, AND THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 30, AND WE WILL CONTINUE AND BEGIN OUR PRESENTATION OF BUILDING 31.
EXHIBIT 27 IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 31 27.
B IS A PHOTOGRAPH OF THE RESULT OF THE MANY CLOGGED GUTTERS THAT WE HAVE BEEN SEEN ON DOWNSPOUTS.
YOU CAN SEE RIGHT BELOW THE GUTTER, UH, THE DETERIORATION OF THE EXTERIOR POACH THERE, A PORCH CEILING, UM, WHICH WILL ALLOW WATER TO TRICKLE INTO TENANTS, UH, UNITS CAUSING OTHER ISSUES WITHIN THE UNITS, UM, ABOVE AND RIGHT BELOW EXHIBIT 27 C THROUGH D ARE MORE REPRESENTATIVE PHOTOGRAPHS OF MORE SITING IN DISREPAIR THAT WAS FOUND NEAR THE ELECTRICAL METERS FOR BUILDING 31 AND MORE ELECTRICAL LIGHT FIXTURES IN DISREPAIR AS AN EXHIBIT 2070.
NEXT SLIDE, PLEASE EXHIBIT 20, 70, AND OTHER PHOTOGRAPH AGAIN OF MORE STAIRWAYS AND LANDINGS IN DISREPAIR, EXHIBIT A 27 THROUGH 27 H OR MORE PHOTOGRAPHIC REPRESENTATIONS OF MORE ELECTRICAL INSTALLATIONS, UH, WITHIN THE PROPERTY, UM, INCLUDING BUILDING 31 INSTALLATION, AGAIN OF NEEDING PERMITS, UM, TO OBTAIN PERMITS AND HAVE CORRECTIONS MADE MANY HAVE DAMAGED OR IMPROPERLY CON PROPERLY INSTALLED CONDUIT LINES,
[00:40:01]
SUCTION LINES MISSING THE FOAM INSULATING ON THE MECHANICAL LINES, EXPOSED ELECTRICAL WIRES AND MISSING DEAD FRONT COVERS THAT AS SHOWN IN EXHIBIT 27 H AND THIS RIGHT HERE IS GROUND LEVEL.SO ANYBODY CAN EASILY POP THAT OPEN AND, AND, UH, GET SERIOUSLY INJURED.
AND THAT'LL CONCLUDE MY PRESENTATION FOR BUILDING 31.
WE WILL BEGIN OUR PRESENTATION OF BUILDING 32 EXHIBIT 29 A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 32 OF AN EXTERIOR OF, OF THE CONTEXTUAL PHOTOGRAPH OF BUILDING 32 AND THE EXTERIOR PORCH LIGHT AT THE TOP CENTER OF THE ENTRANCE DOORS.
YOU CAN SEE IT HANGING BY ITS WIRES EXHIBITS 29, B AND C ARE PHOTOGRAPH OF EXTERIOR DOORS AND WALLS IN DISREPAIR.
UH, YOU GOT TO KIND OF LOOK BEHIND THE PAST THE PLANTER TO SEE THE DOOR IN THE BACKGROUND, UH, IN REALLY BAD SHAPE EXHIBIT, UH, 29 C UH, IS, UH, THE BRICK RIGHT BY THE LIGHT EXHIBIT 29 D AND E ARE PHOTOGRAPHS OF EXPOSED LIVE ELECTRICAL SWITCHES IN THE LAUNDRY ROOM OF BUILDING 32, ALONG WITH WALLS AND MULTIPLE APPLIANCES IN DISREPAIR IN THE NEXT SLIDE, PLEASE, AS SHOWN IN EXHIBIT 29 E EXHIBIT 29 F AGAIN, ANOTHER CLOG, A GUTTER DOWNSPOUT EXHIBITS 29 G IS A PHOTOGRAPHIC EXAMPLE OF MISSING HANDRAILS AS SEEN HERE FOR UNIT 32 0 5.
WE CAN SEE IT FOR THE, I DON'T KNOW WHAT UNIT THAT WAS, UH, RIGHT BELOW THE 29 G THAT HAS A HAND RAIL, BUT, UH, THEY, THEY REMOVED IT FOR THE OTHER SIDE AND THAT WILL LET US MOVE ON TO THE NEXT SLIDE, 29 H AND I, AGAIN, MORE PHOTOGRAPHIC EXAMPLES OF ELECTRICAL INSTALLATIONS THAT WERE MADE TO THE PROPERTY WITHOUT A PERMIT.
THEY NEED TO OBTAIN A PERMIT AND HAVE THOSE CORRECTIONS MADE, UM, TO BRING UP TWO MINIMUM SAFETY STANDARDS, UH, THAT WILL CONCLUDE MY PRESENTATION OF BUILDING 32.
AND WE SHALL MOVE ON TO BUILDING 33 31 33.
31 A IS A CONTEXTUAL PHOTOGRAPH OF A BUILDING 33 31 THROUGH 31 D WILL BE PHOTOGRAPHS OF MORE DAMAGED VENT COVERS, MORE GUTTER SYSTEMS IN DISREPAIR, EXTERIOR, LIGHT FIXTURES, AND DISREPAIR TO RAINWATER, NOT PROPERLY DRAINING AWAY FROM THE BUILDING AS SHOWN IN EXHIBIT 31 D UM, OVER THE PAST COUPLE OF YEARS THAT I'VE BEEN GOING TO THIS PROPERTY, UH, EXHIBIT 31 D YOU JUST SEE WATER POOLING, UH, RIGHT THERE IN THE SIDEWALK INSTEAD OF, UH, UM, BEING DRAINED AWAY FROM THE PROPERTY.
THIS CAUSES ISSUES WHEN IT COMES TO THE FOUNDATION.
AND RIGHT HERE IN 31, 8 IS A PHOTOGRAPH OF THE PATIO AREA OF UNIT 33 0 9 AND BUILDING 33.
UM, THERE'S VARIOUS HOLES, UH, UNDERNEATH THIS AREA THAT, THAT, UH, GO INTO THE FOUNDATION OF THIS BUILDING.
UM, IT LOOKS LIKE SOMEBODY TRIED TO GO IN THERE AND REPAIR BY FILLING PART OF THE HOLES WITH METAL SHIMS. IT IS SOMETHING THAT DOES NEED TO GET LOOKED AT EXHIBIT M 31 F IS ANOTHER PHOTOGRAPH OF MORE SIGNING AND DISREPAIR BEHIND THE ELECTRICAL, UH, METERS EXHIBITS, 31 G AND 31 H ARE MORE REPRESENTATIVE PHOTOS OF THE CONDITIONS FOUND IN THE STAIRWAYS AND LANDINGS OF BUILDING 33 SHOWING DETERIORATION EXHIBIT NEXT SLIDE, PLEASE.
I, AGAIN, THIS IS A REPRESENTATIVE PHOTOGRAPHIC EXAMPLE OF MORE ELECTRICAL INSTALLATIONS AS IN PREVIOUS, UH, UM, PHOTOGRAPHS OF INSTALLATIONS AND NEED OF PERMITS, UH, TO HAVE CORRECTIONS MADE MANY, AGAIN, HAVE DAMAGED DURING PROPERLY INSTALLED CONDUIT LINES, SUCTION LINES, MISSING THEIR INSULATION, AIDING FOAM AND EXPOSED ELECTRICAL WIRE.
THIS'LL CONCLUDE MY PRESENTATION OF BUILDING 33, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 34, EXHIBIT 33 A IS A CONTEXTUAL PHOTOGRAPH OF BUILDING 34 EXHIBITS 33 B THROUGH 33 D A REPRESENTATIVE PHOTOGRAPH SOME MORE GUTTERS, NOT FUNCTIONING AS INTENDED MISSING LIGHT FIXTURE COVERS DAMAGE TO EXTERIOR SIDING OR BRICK, UH, TO EXTERIOR CLOSETS DOORS IN DISREPAIR AS SHOWN IN EXHIBIT 33.
SEE, YOU REALLY GOT TO LOOK PAST THE METAL GRADING THERE TOWARDS THE BOTTOM.
YOU CAN SEE THESE DOORS ARE THEY'VE, THEY'VE OUTLIVED THEIR, THEIR USE.
[00:45:03]
NEXT SLIDE, PLEASE.EXHIBIT 33 THROUGH 30 MORE PHOTOGRAPHIC REPRESENTATIONS OF MORE ELECTRICAL INSTALLATIONS FOUND IN BUILDING 34 INSTALLATIONS.
AGAIN IN NEED OF OBTAINING PERMITS TO HAVE CORRECTIONS MADE, AS YOU CAN SEE IN PROPERLY INSTALLED CONDUIT LINES, EXPOSED, LIVE ELECTRICAL WIRING, IMPROPERLY INSTALLED COVERS AND SURFACE DISCONNECTS FOR THE MECHANICAL APPLIANCES TO A MAIN ELECTRICAL PANEL.
NEXT SLIDE, MISSING THE DEAD FRONT FACE PLATE COVER AND COVER AS SHOWN IN EXHIBIT 33.
I THAT'LL CONCLUDE MY PRESENTATION OF BUILDING 34, AND WE WILL BEGIN OUR PRESENTATION OF THE LAUNDRY ROOM NEAR BUILDING 13.
WE WILL MOVE ON TO THE SWIMMING POOL NEAR BUILDING 25 FIRST EXHIBIT 39 AIDES, A CONTEXTUAL PHOTOGRAPH OF THE POOL NEAR BUILDING 25 AND OTHER SURROUNDING BUILDINGS, EXHIBIT 39, B AND 39 ARE PHOTOGRAPHS OF MORE EXPOSED ELECTRICAL INSTALLATIONS FOR AND AROUND THIS COURT, EXHIBIT 39 D OR 30.
CAN WE GO BACK 35? I APOLOGIZE.
EXHIBIT 35 A IS A CONTEXTUAL PHOTOGRAPH OF THE POOL.
35, B AND 35 C ARE CON ARE MORE PHOTOGRAPHS OF ELECTRICAL INSTALLATIONS NEAR THE POOL.
EXHIBIT 35 D IS A PICTURE OF THE ENCLOSURE.
I ACTUALLY WENT BY TODAY AND FOUND THAT MORE PANELS, UH, HAD BEEN TAKEN DOWN.
UM, I, IT, IT CONCERNED ME BECAUSE I DIDN'T FIND ANYBODY THERE, UH, WATCHING THE POOL AFTER ABOUT FIVE MINUTES A WORK MAN, UH, CAME BACK AND HE SAID THAT THEY WERE REPLACING SOME OF THE, UH, THE, UH, UM, POSTS TO HOLD UP THE, UH, THE PANELING.
UH, I ASKED HIM TO STAY THERE.
UM, HE THOUGHT THAT PUTTING UP A CAUTION TAPE WAS ENOUGH.
I TOLD HIM THAT CAUTION TAPE ALONE IS, IS NOT GOING TO KEEP ANY CHILD AWAY FROM, FROM, UH, VENTURING NEAR THE POOL AND POSSIBLY MEETING, UH, UH, UH, FATAL.
AND, UM, SO I WENT BY TODAY, LIKE I SAID, THEY, THEY TOOK MORE PANELING DOWN W DIDN'T DRAIN THE POOL.
UM, HOPEFULLY THEY'LL HAVE, I'M GOING TO SWING BY TONIGHT TO SEE THAT, UH, THAT, UH, THEY'VE, UH, AT LEAST ENCLOSED IT AND THAT'LL, UM, AND MY PRESENTATION OF THE POOL AREA AND THEIR BUILDING 25, AND WE WILL MOVE ON TO THE LAUNDRY ROOM.
THEY'RE BUILDING 13, EXHIBIT 37 A IS A CONTEXTUAL PHOTOGRAPH OF THE STANDALONE, UH, LAUNDRY ROOM NEAR BUILDING 13, EXHIBIT 13, B ANOTHER, A GUTTER NOT FUNCTIONING AS INTENDED.
UM, EXHIBIT THIRD 37 C UH, EXAMPLE OF LIGHT FIXTURES AND DISREPAIR.
A LOT OF THE, UH, APPLIANCES AGAIN IN THIS LAUNDRY ROOM ALSO ARE NOT FUNCTIONING AS INTENDED.
UM, WE HAVE 37 D UM, IS A HOLE IN THE SIDING WHERE LIGHT WAS REMOVED.
THEY JUST LEFT IT UNCOVERED NEXT NIGHT, POLICE EXHIBIT 37 E THERE'S, UH, ANOTHER COMMON ISSUE ONCE AGAIN, UM, EXPOSED ELECTRICAL CONNECTIONS, NOT BEING MADE IN PROPERLY MADE, UH, ELECTRICAL CONNECTIONS, NOT BEING MADE WITHIN AN, AN ENCLOSED, UH, BOX, UH, 37 F UM, AND INSPECTOR WROTE IT FOR NOT HAVING THE DOOR KNOB.
AND THAT'LL CONCLUDE MY PRESENTATION OF THE STANDALONE LAUNDRY ROOM NEAR BUILDING 13.
I STRONGLY URGE THE COMMISSION TO ACCEPT THE RECOMMENDATIONS THAT,
[00:50:02]
UM, THEY WILL BE PRESENTING.A'S A REPRESENTATIVE PHOTOGRAPH OF THE SPORTS COURT.
UM, LITTLE AREA FOUND WITHIN THE BUILDINGS, 39, EXHIBIT 39, B AND C AND D.
EXAMPLES OF THE ELECTRICAL CONDITIONS FOUND NEAR THIS SPORTS COURT, UM, WITH WIRES STICKING OUT THE BOX, THEY'RE MISSING GFS AND COVERS, OR, UM, SHEET ROCK SCREWS, TRYING TO HOLD UP THAT ELECTRICAL COVER.
AND THAT'LL CONCLUDE MY PRESENTATION OF THE SPORTS COURT 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 PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 39 D CONSISTING OF EXHIBIT ONE AND ALL EVEN NUMBERED EXHIBITS, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND ODD NUMBERED EXHIBITS BEGINNING WITH EXHIBIT THREE, 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 ARE THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER FOR THE CASES REGARDING THE EXTERIORS OF BUILDINGS.
2, 5, 6 21 22, 24 THROUGH 34, THE POOL NEAR BUILDING 25, THE LAUNDRY ROOM NEAR BUILDING 13 AND THE SPORT COURT WITH THE UNDERSTANDING THAT THESE WE ARE REQUESTING SEPARATE ORDERS FOR EACH OF THE 19 CASES.
STAFF REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL 19 CASES.
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 CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALLOW CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE THROUGH 39 D AND I BELIEVE WE HAVE PROPERTY REPRESENTATIVES ON THE LINE, AND I BELIEVE WE ALSO HAVE PROPERTY EXHIBITS AVAILABLE IN OUR READERS TOO.
IS THAT CORRECT? WE HAVE FOUR EXHIBITS THAT ARE OKAY.
YOUR, YOUR MICROPHONE WASN'T ON, BUT IT SOUNDS LIKE THERE WERE FOUR.
WE HAVE, WELL, WE HAVE, SHE CAN SHOW WHAT SHE WANTS.
I JUST LEFT IT UP TO THE, UH, REPRESENTATIVE TO, TO SHOW WHAT SHE'D LIKE TO SHOW.
SO AARON D BOY OR OLIVIA RUTLEDGE, IF EITHER OF YOU WOULD LIKE TO BEGIN OKAY.
DO WE HAVE THE PROPERTY REPRESENTATIVES ON THE LINE STILL? AARON DUBOIS AND OLIVIA RUTLEDGE? YES, I AM ON THE LINE.
CAN YOU HEAR ME COMMISSIONERS? YES, WE CAN.
AND IF YOU COULD PLEASE INTRODUCE YOURSELF AND PLEASE PROCEED.
UH, THIS IS AARON DEVOID WITH ROGERS LAW FIRM, AND I REPRESENT THE PROPERTY OWNERSHIP HERE TODAY.
AND I DO HAVE MY CLIENT'S REPRESENTATIVE MS. OLIVIA RUTLEDGE AS WELL.
UH, BUT I WILL BE PRESENTING, UM, THE CASE.
GREAT, THANK YOU, PLEASE, PLEASE GO AHEAD.
UM, THIS PROPERTY IS, IT IS ON THE REPEAT OFFENDER PROGRAM.
THEY HAVE, UH, THEY WERE CITED BY JOHNNY CRNA AND THE CITY OF AUSTIN IN MAY OF 2020, WHICH MR. SARNA PRESENTED IN HIS TESTIMONY.
HE, UH, THERE WERE ROUGHLY 45 CODE VIOLATIONS IN MAY OF 2020.
THEY WERE CLOSED THAT SAME YEAR IN MAY OF 2021.
[00:55:01]
AGAIN ON MR. CRNAS VISIT TO THE PROPERTY PROPERTY, SEVERAL ISSUES WERE ADDRESSED.MY CLIENT'S MANAGEMENT COMPANY HAD A CHANGE OF, UM, OF ONSITE TEAM MANAGEMENT DURING THE SPRING OF 2021.
THAT WAS REMEDIED IN SEPTEMBER OF 2021.
UM, AS YOU'LL SEE FROM THE CODE VIOLATIONS, UH, REPORT THAT WE HAVE PRESENTED TO THE COMMISSIONERS, MY CLIENTS HAVE DETAILED EVERY ISSUE AT THE PROPERTY CITED BY MR. CRNA.
THERE ARE PICTURES ALSO INCLUDED IN SOME OF THE PACKETS OF WHAT HAS OCCURRED ON PROPERTY SINCE BEING CITED.
YOU'LL SEE, IN THIS SPREADSHEET, THAT IS A PDF THAT HAS BEEN CONVERTED TO A PDF, THESE SPECIFIC ISSUES WITH THE PROPERTY, AND THAT ARE INCLUDED IN MR. CRNA'S PRESENTATION HERE THIS EVENING, AND WHAT MY CLIENTS ARE DOING AND HAVE DONE TO REMEDY THOSE ISSUES.
THEY HAVE CONTACTED SEVERAL VENDORS.
UH, GRANDE'S BEING ONE OF THEM ONSITE TEAM IS WORKING TO FIX THE DEFICIENCIES OF THE PROPERTY.
CORNERSTONE ROOFING, WHO ALSO DOES ELECTRICAL WORK HAS, UH, A CONTRACT WITH MY CLIENTS TO WORK ON ALL OF THE ELECTRICAL ISSUES SURROUNDING THE AC UNIT, AS WELL AS PEARL PULLING THOSE PERMITS.
THE ISSUE COMMISSIONERS IS THAT THERE'S A FAILURE TO COMMUNICATE BETWEEN MR. SARNA AND ON-SITE TEAM, AS WELL AS THE MANAGEMENT, MR. SARNA COMES TO THE PROPERTY, INSPECTS THE PROPERTY, AND REFUSES TO COMMUNICATE WITH THE ONSITE TEAM AND OR THE UPPER MANAGEMENT, JOHNNY CAMPBELL WITH IT COMMUNITIES.
WHO'S THE MANAGEMENT COMPANY FOR THIS PROPERTY FACILITIES DIRECTOR HAS REPEATEDLY ATTEMPTED TO CONTACT MR. SARNA TO REACH AN UNDERSTANDING OF WHAT NEEDS TO BE DONE FOR THESE, THESE VIOLATIONS.
THEY RECEIVE CODE VIOLATIONS IN THE MAIL, AND THERE'S NO PICTURES OR REAL DESCRIPTION OF WHAT NEEDS TO HAPPEN.
AND ANY REQUESTS FOR ADDITIONAL INFORMATION IS MET WITH, UM, HOSTILITY AND OR A FAILURE EVEN TO COMMUNICATE WHAT EXACTLY NEEDS TO BE DONE.
NOW, YOU HEARD MR. CRNA'S, UM, PRESENTATION THAT MANY OF THE, THE WORK THAT WAS DONE AT THE PROPERTY FOR, UM, THE AC UNITS WAS NOT DONE WITH PERMITS, HOWEVER, TEXAS OCCUPATIONAL CODE SECTION 13 0 2 0 5 2, WHICH IS, UH, IS INCLUDED IN THE EXHIBIT ENTITLED, UM, MISCELLANEOUS, I BELIEVE NEAR THE END OF THAT, THAT DOCUMENT, OR I'M SORRY, THAT CODE PROVISION ALLOWS FOR MAINTENANCE PERSONNEL ON SITE PROPERTIES, UH, TO WORK ON AC UNITS.
NEVERTHELESS, A PERMIT IS REQUIRED TO REPAIR AND REPLACE, OR I'M SORRY TO REPLACE AC UNITS AT THE PROPERTY.
AND MY CLIENTS ARE CURRENTLY WORKING WITH THEIR AUNT OR WITH THEIR OUTSIDE VENDOR CORNERSTONE TO GET THAT DONE.
IN FACT, TODAY CORNERSTONE SOUGHT ADDITIONAL INFORMATION FROM THE CITY OF AUSTIN TO HAVE A PERMIT, UH, ON, ON FILE WITH, WITH, WITH THE CITY SO THAT THEY CAN GET THAT, UH, THOSE VIOLATIONS CLEARED IN THE MISCELLANEOUS, UH, EXHIBIT PACKET.
THERE'S A CONTRACT BETWEEN GRAND DAY AND, AND TIA COMMUNITIES HERE AT, UH, THE MANAGEMENT FOR PARK AT STONE CREEK SHOWING THE GUTTER REPAIRS THAT WILL BE TAKING PLACE MANY OF THE LEASE OR MANY OF THE VIOLATIONS CODE VIOLATIONS THAT CRNA HAS SHOWN WERE THESE DOWNSPOUTS AND GUTTER ISSUES.
MY CLIENTS ARE WORKING WITH OUR THIRD PARTY VENDOR TO GET THAT TAKEN CARE OF MY CLIENTS ARE ALSO WORKING ON GETTING THE RAILINGS AND SOME OF THE OTHER SIDING ISSUES TAKEN CARE OF AGAIN WITH GREEN DAY AND THEY HAVE A CONTRACT TO DO SO.
OTHER CONTRACTORS HAVE BEEN UTILIZED TO COMPLETE REPAIRS AT THE PROPERTY, INCLUDING, UM, CVS SERVICES OR SERVICE WORKS, WHICH IS THE LAUNDRY FACILITY TENANT AT THE PROPERTY.
THEY HAVE COMPLETED SOME OF THE REPAIRS CONCERNING THE LAUNDRY FACILITY, INTERNAL WORK ORDERS HAVE ALSO BEEN COMPLETED.
AND I BELIEVE THAT THIS DOCUMENT IS THE LAST PAGE, 51 OF THE MISCELLANEOUS EXHIBITS FOLDER, UH, IN THAT YOU WILL SEE, AND I'M PULLING IT UP ON MY SCREEN IN THAT YOU'LL SEE SOME OF THE WORK THAT HAS BEEN DONE BY THE MAINTENANCE IN THE COMMON AREAS WHEN IT WAS COMPLETED.
PARK IS STONE CREEK ONCE NOTHING, BUT TO COMPLY WITH THE
[01:00:01]
CODE ENFORCEMENT AND FOR THE VIOLATIONS HERE AND, AND HAS REPEATEDLY DONE SO ON OTHER OCCASIONS.HOWEVER, THERE HAS BEEN SOME PUSHBACK WITH THE CODE DEPARTMENT AND MR. SARNA IN, IN ED ATTEMPTING TO GET SOME OF THESE RESOLVED.
UH, THERE'S ALSO SOME COMMUNICATION FROM MY CLIENT'S REPRESENTATIVE TO THE CODE DEPARTMENT REQUESTING ADDITIONAL INFORMATION ON PERMITS IN WHICH NO ONE FROM THE CODE DEPARTMENT WAS ABLE TO ASSIST OR INFORM THEM WHAT NEEDED TO BE DONE, WHETHER IT WAS ONE PERMIT PER AC UNIT OR ONE PERMIT PER THE PROPERTY IN THE PACKET LABELED AC UNIT PHOTOS.
THIS IS DIRECTLY FROM CORNERSTONE, UM, ROOFING FOR THE WORK THAT HAS ALREADY BEEN OCCURRING AT THE PROPERTY CONCERNING THE AC UNITS.
YOU'LL SEE SOME OF THE FOAM THAT HAS BEEN PUT ON THE ACS OUTSIDE, WHICH MR. SARNA HAD, UH, MENTIONED IN HIS PRESENTATION.
AGAIN, THEY ARE ACTIVELY WORKING TO BRING THE AC UNITS AND THESE PARTICULAR ELECTRICAL ISSUES UP TO CODE IN THE PACKET THAT YOU HAVE MISCELLANEOUS.
THERE IS SOME ADDITIONAL PHOTOS.
AGAIN, I WANT TO BRING TO YOUR ATTENTION OF, UH, WHAT GRAND DAY HAS DONE WITH THE COMMUNITY IN TERMS OF SOME OF THE RAILING AND FIXING THAT THAT IS AN ONGOING PROJECT THAT THEY CONTINUE TO, TO ARE, ARE CONTINUING TO DO.
THERE'S ALSO OTHER REPAIR PHOTOS, UM, THAT SHOW SOME OF THE MANY ISSUES THAT MR. SARNA HAD POINTED OUT TO THE COMMISSION AND WHAT MY CLIENT'S ONSITE TEAM HAS DONE.
THIS DOES NOT REQUIRE OUTSIDE VENDORS.
THIS DOES NOT REQUIRE PERMITTING AND THE THINGS THAT THEY HAVE DONE TO COMPLETE REPAIRS AT THE PROPERTY, MANY OF THE LIGHT FIXTURES AND COVERINGS AND OR BOLTING REPAIRS HAVE OCCURRED AND ARE CONTINUING TO OCCUR AT THE PROPERTY.
AGAIN, PARKINSON CREEK WANTS NOTHING, BUT TO ACTUALLY COMPLY AND TO HAVE SOMEBODY COME OUT TO THE PROPERTY AND ACTUALLY WALK IT WITH THEM SO THAT THEY ARE FULLY APPRAISED OF WHAT TO OCCUR.
YOU KNOW, THE, THE, THE PICTURES THAT MR , MR. SARNA HAS PROVIDED TO THE COMMISSION WOULD HAVE BEEN SOMETHING THAT MY CLIENTS REPRESENTATIVES WOULD HAVE LOVED TO HAVE SEEN TO ACTUALLY FIX THESE ISSUES, BUT THEY AREN'T.
THE VIOLATIONS ARE THE ONLY DOCUMENTATION THAT THE CODE DEPARTMENT HAS GIVEN TO, UH, PARK AT STONE CREEK.
AND IT'S JUST NOT ENOUGH TO DETERMINE WHAT NEEDS TO HAPPEN AT THE PROPERTY AND HOW TO FIX THESE ISSUES.
SO PARKING STONE CREEK IS ASKING FOR A PERIOD OF 60 DAYS TO BE IN COMPLIANT WITH THE CODE DEPARTMENT TO HAVE ANOTHER CODE ENFORCEMENT OFFICER COMMUNICATE WITH IT DIRECTLY SO THAT THEY CAN, UH, GET THESE VIOLATIONS IN ORDER.
UM, AND WE BELIEVE THAT THE DOCUMENTS PRESENTED TO THE COMMISSION SHOW THAT MY CLIENTS ARE WORKING DILIGENTLY, DILIGENTLY TO COMPLETE THESE REPAIRS AND THE NECESSARY AND TO, TO COMPLY WITH THE NECESSARY CODE REQUIREMENTS.
THANK YOU, MR. BOY, DID YOU HAVE ANYTHING ELSE? THAT'S ALL I HAVE, UM, AT THIS TIME.
AND MS. RUTLEDGE, DID YOU HAVE ANYTHING TO ADD? NO, MA'AM OKAY.
WE'LL HAVE QUESTIONS OF FELLOW COMMISSIONERS.
DO YOU HAVE QUESTIONS FOR EITHER INSPECTOR SERNA OR FOR THE PROPERTY REPRESENTATIVES, MR. BOY, OR MS. RUTLEDGE? I'M SORRY.
THANK YOU, MS. SALLY, I WILL GO AHEAD AND ADMIT THE, UM, PROPERTY REPRESENTATIVE EXHIBITS, PROPERTY OWNERS EXHIBITS 1, 2, 3, AND FOUR, WHICH ACTUALLY CONSISTED OF THE MISCELLANEOUS, THE CODE VIOLATIONS, THE REPAIR PHOTOS AND THE AC UNIT PHOTOS.
I HAD A COUPLE OF COMMISSIONERS ACTUALLY.
I WOULD LIKE, IS IT ON YET? I WAS LIKE TO ASK OF THE PROPERTY REPRESENTATIVE THAT SPOKE, UM, ARE THE THINGS THAT YOU SAW IN THE PHOTOS, UH, EXISTING NOW, OR HAVE THEY BEEN REPAIRED? I CAN ANSWER THAT PARTIALLY.
I BELIEVE THAT SOME OF THEM HAVE BEEN REPAIRED AND YOU'LL SEE THAT NOT ONLY IN THE PHOTOS, BUT IN THE,
[01:05:01]
UM, LET ME GO TO IT.I BELIEVE IT'S IN THE CODE VIOLATIONS EXHIBIT, AND THIS SHOWS, AGAIN, MY CLIENTS, UM, PRINT OFF OF WHAT IS PENDING IT, WHAT NEEDS TO BE DONE AGAIN, IT'S HARD TO TELL WHAT PICTURES GO WITH, WHICH CODE VIOLATION OR WITH WHICH ITEM ON A SPECIFIC CODE VIOLATION.
AND AGAIN, THERE'S BEEN A MISCOMMUNICATION OR A BREAKDOWN OF COMMUNICATION HERE, BUT THE, UH, THIS SHOWS WHAT MY CLIENT IS WORKING IN AND PROGRESS AND WHAT THEY HAVE DONE.
AND THEN SOME OF THE REPAIR PICTURES THAT I'VE ATTACHED, UM, WITH THE OTHER EXHIBITS, MS. RUTLEDGE, YOU CAN ANSWER POTENTIALLY IF, IF, IF ANY OF THOSE PICTURES APPEAR TO BE WHAT IS A AT THE PROPERTY THIS MOMENT.
I THINK YOU HAVE ANSWERED THE QUESTION.
UM, MOSTLY, UH, I WOULD LIKE TO MAKE A COMMENT THAT THE, UH, THE ITEMS THAT I HAVE SEEN IN THE PHOTOS ARE SUFFICIENTLY OBVIOUS, QUITE AGREGIOUS.
AND I THINK, UH, THEY DID NOT HAPPEN OVERNIGHT.
THEY, IT TAKES A LONG TIME FOR, FOR ROTTEN WOOD TO LOOK AS BAD AS IT IS AND THE POST AND SO ON.
AND I DON'T KNOW THAT IT WOULD TAKE A LIST OF PHOTOGRAPHS FOR MOST OF THOSE TO BE VERY, VERY, UH, OBVIOUS TO EVEN A NOVICE, UH, I GUESS NOW, ARE THERE ANY, UM, INSIGHT OTHER THAN LAUNDRY, RAYMOND, ARE THERE ANY INSIDE, UH, UH, INSIDE OF DETERIORATIONS OR, UH, VIOLATIONS, DO YOU KNOW? NO, THE ONLY, THE ONLY VIOLATIONS THAT WE'RE HERE TO FOR TODAY, AND THE ONLY VIOLATIONS THAT WE'VE BEEN MADE AWARE OF ARE ON OR BEFORE THE COMMISSIONER ARE FOR EXTERIOR ISSUES AT THE PROPERTY.
UH, BUT I, I JUST, I CANNOT, UH, UNDERSTAND THAT, UH, WE ALL DIDN'T KNOW ABOUT THEM FOR MAYBE IN SOME CASE YEARS, AND THEY ARE VERY OBVIOUS TO BE SAFETY HAZARDS, BUT THAT'S ALL I HAVE COMMISSIONER GREEN, YOU HAVE A QUESTION TO, UH, THE CODE.
UH, DID YOU EVER, UM, THE GRANTEES OR THESE AAPTIV ANY REPRESENTATIVE OR, UM, OF THE, OF THE PARK MR. CENTER? YES.
SINCE, UH, JUNE OF 2020, I WAS IN CONTACT.
I'VE BEEN IN, I HAD BEEN IN CONTACT WITH OLIVIA RUTLEDGE.
SHE USED TO BE THE PROPERTY MANAGER MANAGER THERE.
UM, BUT SHE HATED EVERY TIME THAT I SHOWED UP, SHE, UH, WOULD TAKE IT PERSONAL EVERY TIME THAT A CODE A COMPLAINT WOULD COME IN THROUGH 3, 1, 1, UM, AND WANTED TO KNOW WHAT WE WERE DOING THERE.
AND I WAS TELLING HER THAT WE WERE THERE BECAUSE THERE WERE CITIZENS THAT WERE CALLING US TO BE THERE.
UM, I ALSO MET WITH, UH, JOHNNY CAMPBELL, UH, WITHIN THAT VERY SAME YEAR BECAUSE I BROUGHT UP THE ISSUE OF THE CANOPY'S NOT BEING PROPERLY SECURED.
UM, AN ISSUE THAT YOU CAN SEE IS STILL ONGOING, UH, AFTER, UH, OLIVIA WAS PROMOTED WITHIN HER COMPANY.
UM, I WAS IN COMMUNICATION WITH BRANDY WEST, UM, WHICH WAS THE REGIONAL MANAGER WHO ALSO BASICALLY SHARED THE SAME VIEW.
I GOT THE IMPRESSION THAT MRS. UH, OLIVIA HAD SPOKEN TO HER AND SHE ALSO DIDN'T WANT ME ON THE PROPERTY.
SHE WAS THERE TELLING ME THAT SHE DIDN'T WANT ME THERE.
WHAT WAS I DOING THERE THAT, UM, I WAS SHOWING UP AND DOING INSPECTIONS WITHOUT ANYBODY CALLING ME.
I WAS TRYING TO EXPLAIN TO THEM THAT WE WOULD ONLY SHOW UP, UM, WHEN PEOPLE WERE CALLING TO FILE COMPLAINTS.
WE ALSO HAVE OTHER COMPLAINTS THAT ARE NOT BEING HEARD TONIGHT THAT, UH, ARE GOING TO BE OF INTERIOR UNITS.
UH, SO THERE'S BEEN PLENTY OF COMMUNICATION, WHETHER IT BE WITH, UH, MS. OLIVIA RUTLEDGE, UM, MR. JOHNNY CAMPBELL, WE HAVE A LOT OF EMAILS THAT WERE NOT SUBMITTED, UH, TONIGHT.
UM, UM, AND NOW THE PRESIDENT MANAGER, MRS. UH, ANNIE ALVAREZ, UM, ISSUES THAT AGAIN WERE BROUGHT UP WITH ALL OF THEM.
I'VE WALKED THE PROPERTY WITH THEIR MAINTENANCE.
I WALK THE PROPERTY WITH THE MANAGERS, INCLUDING MS. OLIVIA RUTLEDGE, UH, TO PERSONALLY SHOW THEM ALL THESE ISSUES TO TRY TO EDUCATE THEM AND SHOW THEM, HEY, LOOK,
[01:10:01]
THESE ARE SOME SERIOUS ISSUES Y'ALL NEED TO TAKE CARE OF, UH, SO THAT THEY COULD KNOW.SO THEY WERE REALLY WELL AWARE OF EVERY SINGLE ISSUE COMMISSIONERS.
WE, I MAY ENCOUNTER SOME OF THAT, PLEASE.
ROBERT DISCERNIBLY, WELCOME THAT TO YOU OR MS. TURNER, CAN YOU, UH, ELABORATE A LITTLE BIT? I'M VERY CONCERNED ABOUT SEEING EXPOSED ELECTRICAL OUTLETS ON THE OUTSIDE WHEN THERE'S CHILDREN IN THE AREA.
AND THEN I JUST DO NOT UNDERSTAND AND UNSECURED COOL.
I MEAN, THAT IS BEYOND THE PALE.
SO I MEAN, THESE PICTURES THAT YOU'VE SHOWED AND, UH, ESPECIALLY 35 D WHERE IT LOOKS LIKE THE FENCE KICKED IN.
CAN YOU TELL ME HOW HAVE THOSE BEEN REPAIRED AS OF TODAY? DO YOU HAVE ANY, UH, I WENT BACK TODAY BECAUSE IT IS A CONCERN, LIKE I SAID, I MEAN, THEY HAVEN'T TAKEN US SERIOUSLY UNTIL TODAY THAT WE'VE BROUGHT THEM INTO COURT, UH, FOR THIS HEARING.
UM, I WENT BACK TODAY TO GO MAKE SURE THAT THE POOL HAD BEEN SECURED AND ACTUALLY FOUND THAT THERE WERE MORE PANELS THAT HAD BEEN REMOVED.
I'M ACTUALLY GOING TO GO BACK TONIGHT TO MAKE SURE THAT THE POOL IS SECURE.
IF IT'S NOT SECURE, THEN WE'RE GONNA REACH TO A CONTRACTOR TO GO OUT AND SECURE IT.
IS THAT PART OF YOUR RECOMMENDED FINDING THAT YOU'RE IN THE POOL? NO, THAT'S, THAT'S A, A SEPARATE PROCESS THAT WE HAVE FOR THESE TYPES OF SITUATIONS.
I MEAN, BECAUSE THIS IS, THIS IS POTENTIALLY DEADLY WITH KIDS.
BUT THEN I ALSO LOOK UP, UM, W JUST ONE OTHER COMMENT.
I HAD A SMALL RENTAL PROPERTY, A FEW TIMES IN MY CAREER AND I'VE WALKED AROUND MY HOUSE, MY RENTAL HOUSE.
I SEE THE FLASHING, UH, MESSED UP.
I MAY NOT BE ABLE TO FIX IT RIGHT AWAY, BUT I, I NOTICED IT, BUT THIS HAS BEEN GOING ON FOR YEARS.
AND THIS IS A CLASSIC CASE WHY WE HAVE A RE REPEAT OFFENDER PROGRAM IN MY OPINION.
SO, UH, UH, THE DELTA BEFORE, OKAY.
I WOULD LIKE TO GIVE THE PROPERTY REPRESENTATIVE AN OPPORTUNITY TO RESPOND TO COMMISSIONER GREEN'S QUESTIONS AND INSPECTOR SARNO'S COMMENTS WITH REGARD TO, UH, INSPECTOR CERNER'S COMMENTS AND COMMUNICATIONS WITH MS. RUTLEDGE IN 2020.
AGAIN, THE VIOLATIONS FROM 2020 HAVE BEEN CLOSED.
IT HAS BEEN DEALT WITH, BY MY PROPERTY WITH, WITH THE PROPERTY MANAGEMENT COMPANY, THEY HAVE ADDRESSED THOSE VIOLATIONS.
THESE ARE VIOLATIONS CONCERNING ISSUES THAT MR. CRNA VISITED THE PROPERTY IN MAY OF 2021.
AGAIN, UM, OLIVIA RUTLEDGE IS ON THE LINE.
AND, UH, FROM WHAT I HAVE BEEN INFORMED OF BY MY CLIENT'S REPRESENTATIVES, IT WAS AT ALL TIMES, WALKING IN THE PROPERTY WAS NEVER SOMETHING THAT MR SARNA WAS WILLING TO DO WITH THEM.
UH, OTHER CODE ENFORCEMENT OFFICERS, WE WERE WILLING TO COME TO THE OFFICE, INFORM ON-SITE MANAGEMENT OF THE ISSUES, WALK THE, WALK, THE PROPERTY WITH THE MANAGEMENT COMPANY TO DETERMINE WHAT NEEDED TO BE DONE.
UM, OLIVIA AGAIN, CAN ANSWER ANY QUESTIONS AS A COMMISSION, UH, CONCERNING HER TIME THERE, BUT THIS WAS IN MAY OF 2020 THAT MR. SIR, THAT THE VIOLATIONS BEFORE THE COMMISSION, UM, TODAY OCCURRED NOT IN 2020, WHEN MS. OLIVIA WAS THE MANAGER AT THE PROPERTY CONCERNING YOU REQUIRE YOU'RE REQUIRED CODE TO COME OUT OR SOMEBODY TO COME AND DO IDENTIFY AS YOU, THEN YOU'RE GONNA, YOU'RE GONNA REVIEW THAT AND DECIDE WHETHER OR NOT YOU'RE GOING TO TAKE CARE OF THEM AS OPPOSED TO BEING PROACTIVE AND ADDRESSING, UH, KPMG.
ABSOLUTELY NOT COMMISSIONER, BUT THE ISSUE IS THAT THERE'S MORE VIOLATIONS WITHOUT AN UNDERSTANDING OF WHAT'S GOING ON.
UH, COMMISSIONER SOSTA, DID YOU HAVE A COMMENT? OKAY.
HAVING CHERRY, I GUESS I HAVE A QUESTION FOR ME WAS THE BOY.
UM, DID I UNDERSTAND YOU CORRECTLY TO SAY THAT YOU'RE LOOKING FOR 60 DAYS TO COME INTO COMPLIANCE AND IN SECONDARY TO THAT QUESTION, YOU UNDERSTAND THAT OUR, THAT OUR ORDER IS FOR 45 DAYS.
SO, UH, ARE YOU REPRESENTING THAT ALL YOU NEED IS 15 MORE DAYS THAN THE ORDER WOULD REQUIRE? I JUST WANT TO MAKE SURE I HEARD YOU, CORRECT.
AND PART OF THE REASON BEING IS THAT MY CLIENTS REPRESENT, OR MY CLIENTS THIRD-PARTY VENDOR CORNERSTONE, UH, WHO'S WORKING ON ALL THE ELECTRICAL ISSUES AND THE PERMIT REQUIREMENTS.
[01:15:01]
CONCERN THAT PERMITTING DEPARTMENT WILL NOT, YOU KNOW, TRACK PERMITS.WE HAVE HAD THIS ISSUE WITH THE CITY OF AUSTIN FOR FOUR MONTHS.
AND SO, UH, OUR RECOMMENDATION WAS TO ASK FIRST FOR 60 DAYS TO COME INTO COMPLIANCE.
AS YOU CAN SEE FROM THE DOCUMENTS PRESENTED TO YOU, MY CLIENTS ARE ACTIVELY WORKING ON GETTING EVERYTHING FIXED.
WE HAVE SPECIFIC, UH, CONTRACTORS ENGAGED TO DO THE WORK, NOT ONLY FOR THE DOWNSPOUTS, BUT FOR THE ELECTRICAL ISSUES, THE RAILING.
I MEAN, IN, IN MR. TESTIMONY ALONE, WE HAVE A CONTRACTOR OUT THERE TODAY WORKING ON THE POOL ENCLOSURE RAILING.
I, I'M NOT, I'M NOT SURE HOW HELPFUL THIS WILL BE.
I DO HAVE TO PUT IT OUT THERE THAT I HAVE TO ECHO THAT FROM THE THOUGHTS EXPRESSED BY COMMISSIONERS, UH, THOMPSON AND ADAM GREEN, UH, WE, AS A PANEL, WE ARE IMPARTIAL.
WE DON'T SHOW ANY PREFERENCE TO THE CITY'S STAFF, BUT I WILL SAY THAT IT WOULD VERY MUCH SURPRISE ME TO LEARN IF IT WERE TRUE, THE DEGREE TO WHICH YOUR CLIENT REPRESENTING MR. SORTA WAS NOT COMMUNICATIVE.
MAYBE WE HAVE A ROGUE INSPECTOR OUT THERE WHO, WHEN HE APPEARS BEFORE US APPEARS TO BE DOING HIS JOB DILIGENTLY, BUT IN REALITY, IT IS FAILING TO COMMUNICATE WITH THE OWNERS THAT HASN'T BEEN MY EXPERIENCE, UH, IN MY SERVICE AS A COMMISSIONER ORDINARILY BY THE TIME IT GETS TO US, A LOT OF DILIGENT WORK HAS BEEN DONE ALREADY BY CITY STAFF.
AGAIN, UM, YOU KNOW, I CAN'T, UH, I CAN'T REACH CONCLUSIONS ABOUT, ABOUT ACTUAL ALLEGATIONS, YOU KNOW, WITHOUT, WITHOUT WEIGHING THEM PARTIALLY, BUT, BUT THAT'S JUST, THAT'S JUST BASED ON MY, ON MY SERVICE AND MY BACKGROUND HERE.
UH, WHAT I THINK REINFORCES THE, THAT YOUR CLIENT WAS ON NOTICE IS I THINK THIS IS A POINT THAT COMMISSIONER THOMPSON WAS MAKING THERE'S.
SOME OF THIS STUFF IS IT'S PARDON MY COARSE LANGUAGE, BLOODY OBVIOUS.
YOU'RE LOOKING AT PHOTOGRAPHS HERE WHERE INSTEAD OF A UI, ALL BASE PLATE COVER, SOMEBODY HAD TO GO TO THE TROUBLE OF TAKING A PAIR OF SNIPS.
AND I W AND I HAD A SECTION OF SHEET METAL AND CREATING, YOU KNOW, UH, OBVIOUSLY NOT TO CODE PANEL TO COVER YOUR, YOUR ELECTRICAL BOXES.
SOMEBODY HAD TO STICK THE OUT OF ORDER, FINE ON THE LAUNDRY WITH THEM.
YOU KNOW, THESE, THESE, THESE ARE NOT THINGS OF NICHE.
UH, A RESPONSIBLE OWNER WOULD NOT BE AWARE.
AND, AND, AND SO TO SOME EXTENT, YOU KNOW, IT STRIKES ME AS A LITTLE BIT TOO CUTE BY HALF THAT YOU'RE SAY, OH, WELL, THEY DIDN'T WALK THE PROPERTY WITH US.
AND, AND POINT OUT ALL OF THE JURY RIGGING, WE'D BEEN DOING IT, YOU KNOW, A THIRD DAY, AND THEN I'LL LEAVE IT ALONE, UH, TO SOME EXTENT, UNLESS MR. SANFORD WAS JUST, YOU KNOW, COMPLETELY AGREED.
IT WAS, HE WAS, HE WAS ABUSING HIS AUTHORITY.
IT TO SOME EXTENT IT'S JUST NOT RELEVANT.
YOUR PROPERTY OWNER'S RESPONSIBILITY IS TO MAINTAIN COMPLIANCE WITH CODE, WHETHER ANYONE'S OUT THERE LOOKING AT IT.
AND SO THE FACT THAT HE DIDN'T ANSWER THE PHONE AS QUICKLY AS YOU WANTED, OR DIDN'T WALK THE PROPERTY WITH YOU THE WAY YOU WANTED.
IF THERE ARE, IF THERE ARE CODE VIOLATIONS, WE HAVE TO FIND THAT, AND THOSE VIOLATIONS RUN WITH THE PROPERTY REGARDLESS OF, OF YOUR CUSTOMER SERVICE EXPERIENCE WITH THAT.
UH, SO ANYWAY, THOSE ARE JUST A COUPLE OF THOUGHTS I HAVE, I'M NOT ASKING QUESTIONS, SO, UH, I'M GOING TO YIELD BACK.
UH, IF ANYBODY ELSE WANTS TO GET YOUR RESPONSE TO MY OBSERVATION, THEY CAN, THEY CAN BE RECOGNIZED FOR THAT, BUT I, I'M NOT A CHAIR.
SO AS A COMMISSION REACHING, CONTINUE TO ASK QUESTIONS, OR WE COULD FORM A MOTION OR DISCUSS VARIOUS OPTIONS.
UM, STAFF HAS MADE HAS A RECOMMENDATION OF 45 DAYS.
UM, THE PROPERTY REPRESENTATIVE IS REQUESTING 60 DAYS.
AND, UM, I'D LIKE TO HEAR YOUR THOUGHTS ON THAT AND COMMISSIONER SEELIG.
DID YOU HAVE A COMMENT? YEAH, I THINK I HAVE A QUESTION FOR MR. WHEN HE MENTIONED EARLIER THAT A CONTRACTOR WILL BE, UM, CONTACTED TO REPAIR THE FENCE AROUND THE POOL IF HE GOES THERE TONIGHT.
SO DOES THAT REQUIRE ANY KIND OF ACTION ON OUR PART? NO, THAT DOESN'T REQUIRE, I'M SORRY, GO AHEAD.
'CAUSE I'M ALSO LIKE COMMISSIONER GREEN.
I'M VERY CONCERNED ABOUT THIS POOL BEING UNPROTECTED, UH, THAT DOESN'T REQUIRE ANY ACTION
[01:20:01]
ON YOUR PART.UH, ACCORDING TO, UH, UM, UH, THE CITY, UH, RULES SET IN CODE FOR US, IF WE SHOW UP AND WE FIND THAT IT'S NOT ENCLOSED, WE HAVE TO STAY THERE UNTIL THE CONTRACTOR SHOWS UP AND ENCLOSES IT.
UM, SO I'M GOING TO GO BACK TONIGHT AFTER WE'RE DONE WITH THIS HEARING, AND I'M GOING TO GO LOOK TO SEE THAT, UH, THE ENCLOSURE IS UP TO TRY TO KEEP PEOPLE OUT OF IT.
LIKE I SAID, I MEAN, IT'S, IT, IT WAS CONCERNING WHY WHEN I SHOWED UP, UH, WHEN I SHOWED UP, BECAUSE THERE WAS NOBODY THERE, UH, IT WAS, UH, SOME GUY THAT WAS WORKING, UM, WHO POPPED OUT OF THE BUSHES AFTER ME NOT LEAVING, BECAUSE I DIDN'T SEE ANYBODY THERE.
AND I ASKED HIM, UH, IF HE WAS WORKING ON THE, ON THE POOL AND HE SAID HE WAS, UM, SO I TOLD HIM HE COULDN'T LEAVE, YOU KNOW, THAT IF IT WAS NECESSARY, YOU KNOW, THAT THEY WANT TO LEAVE, MAYBE DRAIN THE POOL.
UH, BUT YOU KNOW, THEY NEEDED A BOARDED UP AND NOT PUT A CAUTION TAPE, UH, AND WALK OFF.
SO I'LL BE GOING BACK TONIGHT TO LOOK OKAY.
THE FIRST IS HER OFFICER'S TURNOUT.
IS IT ACCURATE THAT THE, UH, VIOLATIONS FROM 2020 WERE ADDRESSED? UM, A LOT OF THE, UH, UH, THE VIOLATIONS THAT WERE ADDRESSED, AND THIS IS SOMETHING THAT I EXPLAINED TO MS. RUTLEDGE.
UM, THE REPEAT OFFENDER PROGRAM WHEN I FIRST STARTED WAS REALLY SHORT HANDED AND SOME OF THE INSPECTIONS THAT WERE DONE WERE REALLY LIGHT.
IT WASN'T UNTIL I, UH, UH, WAS MOVED OVER TO THE REPEAT OFFENDER PROGRAM.
UM, SO WHEN WE MADE ANOTHER, UH, PERIODIC INSPECTION, WHICH IS THE ONE THAT WE'RE DOING NOW, UH, THEY WERE FLABBERGASTED.
AND I EXPLAINED TO MS. RUTLEDGE, YOU KNOW, LOOK, THE PROGRAM WAS OVERWHELMED.
THEY WERE, THEY DIDN'T HAVE ENOUGH STAFF TO GO OUT AND DO, UH, SOME, UM, EXTENSIVE, UH, INSPECTIONS OF THE PROPERTY.
UM, SO WHEN I WAS ASSIGNED THE PROPERTY, A LOT OF THOSE, UH, DEFICIENCIES THAT WERE FINE WERE THAT WERE, THAT WERE SIGHTED WERE REALLY LIGHT DEFICIENCIES, LIKE, YOU KNOW, PAINT HERE, FIX A HOLE THERE.
UM, AND YOU KNOW, SOME OF THE DEFICIENCIES BY THE MAINTENANCE GUYS THAT THEY, THAT THEY WERE TRYING TO DO, I MEAN, IT REALLY TOOK, UH, ME GOING OUT THERE EXTENSIVELY.
UM, A LOT OF THE CONDUIT, THEY WOULD COVER IT UP WITH, UM, ELECTRICAL TAPE INSTEAD OF REPAIRING IT AND THEY WOULD SPRAY PAINT IT.
UM, THEY ALSO WOULD COVER HOLES IN THE SIDING WITH DUCT TAPE AND PAINT OVER THAT.
SO THESE WERE PICTURES THAT I TOOK OF THE, OF THE REPAIR WORK THAT THE MAINTENANCE GUYS WERE DOING.
AND I FORWARDED THEM TO, UH, MS. RUTLEDGE AND, UM, JOHNNY CAMPBELL, WHO WAS, UH, UM, ASSOCIATED WITH THE PROPERTY AND CONSTRUCTION.
AND I SHOWED THEM, I SAID, HEY, LOOK, THESE ARE NOT ACCEPTABLE REPAIRS.
YOU GUYS ARE TRYING TO, TO FOOL US, UH, BY COVERING UP THESE ISSUES.
SO THE ONES THAT WERE CITED WERE TAKEN CARE OF, UH, BUT LIKE I SAID, ONCE WE WENT BACK AND DID A NEW FOLLOWUP WITH THE NEW, UH, INSPECTORS, UM, IT BROUGHT US TO THIS POINT THAT AGENCIES THAT WERE NOT CITED IN THE BEGINNING, AND THIS IS A COMPLAINT THAT MRS. RUTLEDGE HAD.
AND I WAS TRYING TO, YOU KNOW, EASE HER CONCERNS BY LETTING HER KNOW, AGAIN, LOOK, WE CANNOT, I CANNOT, UH, TELL YOU WHY OR WHY NOT THESE ISSUES WERE NOT CITED ON THE FIRST INSPECTION.
ALL I CAN DO IS MOVE FORWARD FROM HERE AND SITE THE CURRENT DEFICIENCIES THAT WE FOUND AND ASK YOU TO REPAIR THEM.
IS THERE CONTENTION ACCURATE THAT FOR THIS ROUND OF DEFICIENCIES, YOU WERE NOT AVAILABLE TO WALK THE PROPERTY SPECIFICALLY FOR THIS ROUND.
I KNOW YOU'RE ONSITE MANY TIMES, BUT TO WALK WITH THEM AND SHOW THEM A FULL LIST OF REPAIRS THAT NEEDED TO BE MADE, IS THAT ACCURATE? THAT IS NOT ACCURATE.
I HAVE ALWAYS, I'M A BIG BELIEVER IN, IN, IN, UH, TEACHING PEOPLE, YOU KNOW, UM, ESPECIALLY MANAGERS.
I KNOW THAT THAT THERE'S A LOT OF MANAGERS WHO ARE JUST MANAGING.
THEY REALLY DON'T KNOW, UH, WHAT TO LOOK FOR OR THEIR MAINTENANCE GUYS TELL THEM, HEY, WE FIXED IT.
SO I WALKED THE PROPERTY WITH HER.
THERE WAS ONE OCCASION WHERE, UH, ONE OF HER MAINTENANCE GUYS GOT A, UH, UM, ONE OF THE BANDIT SIGNS MADE OF PLASTIC AND THEY WRAPPED IT AROUND ONE OF THE ACS.
AND I SAID, LOOK, THIS IS NOT ACCEPTABLE BECAUSE SPARKS HAPPEN WITHIN THESE MACHINES THAT, YOU KNOW, CREATED BY THE CONTACTORS, IT COULD HIT ONE OF THE, IT COULD HIT THE SIGN AND START UP A FIRE.
[01:25:01]
AND, UH, THAT WAS ONE OF THE ISSUES WHERE SHE, UH, SHE WAS WELL, UH, AT THE MOMENT REALLY UPSET, YOU KNOW, AND BROUGHT SOME OF THE MAINTENANCE GUYS OVER.SO I'VE WALKED THE PROPERTY WITH HER.
UH, I'VE SHOWED ALL THE MAINTENANCE GUYS, WHAT WE'RE LOOKING FOR.
I'VE GIVEN THEM, UM, SOME OF OUR INSPECTIONS, SHEETS TO USE AS PREVENTATIVE MAINTENANCE GUIDES.
I'VE ALSO EMAILED, UH, MRS. RUTLEDGE, A BUNCH OF LINKS, UH, FOR THE CITY, UM, WHERE SHE COULD REGISTER THE PROPERTY.
AND EVERY TIME THERE WAS A CODE VIOLATION, UM, THROUGH 3, 1, 1, SHE WOULD GET A PING ON HER PHONE.
UH, BUT YOU KNOW, SHE SPENT MORE TIME CALLING CITY HALL AND EVERYBODY ELSE TRYING TO GET ME OFF THE PROPERTY INSTEAD OF ADDRESSING THE ISSUES.
UM, LIKE I'VE SAID, I'VE SPENT PLENTY OF TIME TRYING TO, UH, TEACH THEM BECAUSE, YOU KNOW, I, I'M A STRONG BELIEVER OF, OF BEING FAIR AND LETTING THEM KNOW, YOU KNOW, UH, WHAT ISSUES WE'RE LOOKING FOR.
I HOPE THAT ANSWERS YOUR QUESTION.
MY LAST QUESTION IS FOR THE, UH, PROPERTY REPRESENTATIVE, MR. BOY, UM, SINCE THE QUESTION AT HAND, I GUESS IS ABOUT 45 DAYS VERSUS 60 DAYS, UM, AND THE MAIN REASON YOU GAVE ASKING FOR THE 60 IS THE ELECTRICAL PERMITTING.
DO YOU HAVE INFORMATION ON PERMIT REQUESTS THAT HAVE BEEN SUBMITTED AND WHERE THEY MIGHT STAND IN THE PROCESS OF BEING GRANTED? UM, DO WE KNOW, DO WE HAVE ANY INFORMATION ABOUT THAT? MR. BOY, ARE YOU STILL WITH US? AARON DEVOID? THE CONNECT FEED.
IS THIS OLIVIA RUTLEDGE? YEAH.
I KEEP, I KEEP GETTING THIS BEAT, BEAT KNOWING AS IF SOMEBODY MANNING, THE OTHER SIDE IS NOT PUTTING ME BACK ON, BUT CAN YOU ALL HEAR ME? YES.
HI, THIS IS CITY HALL AB UM, MRS. BOYD, IF YOU WILL, JUST NEW WHEN YOU'RE NOT SPEAKING, BECAUSE WE'RE GETTING A LOOP AND FEEDBACK AND SITTING HALL.
SO DID YOU HEAR MY QUESTION? YES.
AND, UH, CORNERSTONE, UH, WITH THE PROPERTY OR THE THIRD-PARTY CONTRACTOR, I'M SORRY.
THEY HAVE, UH, THEY HAVE AN AGREEMENT TO WORK ON THE PERMITTING, AND I BELIEVE THAT THEY FOUND OUT SOME ADDITIONAL INFORMATION TODAY.
OLIVIA, YOU CAN SPEAK ON THAT.
SO I GUESS THE, WHAT WE'RE TRYING TO FIGURE OUT AS FAR AS THE PERMITTING GOES IS, YOU KNOW, FUN, WILL IT BE, YOU KNOW, PER INSTANCE, SO WHAT WE HAVE TO GET A PERMIT FOR EVERY SINGLE ONE, IS IT PER BUILDING? IS IT ONE PERMIT THAT WILL ADDRESS ALL OF THE POLICY ISSUES? I KNOW THAT CORNERSTONE HAS BEEN TRYING TO REACH OUT TO, TO GET THOSE ANSWERS SO THAT WE CAN PROCEED FORWARD WITH IT PERMITS.
COMMISSIONER FRANCIS, QUESTION FOR THE REPRESENTATIVE AS WELL, SINCE THERE WAS AN EVENT IN MAY OF 2020 AND LESS THAN A YEAR AND A HALF LATER, WE WERE BACK ON THIS SITE AND THE POOL IS VERY DISTRESSING, BUT NOTICING SOME OF THE OTHER ISSUES, 1, 2, 3, 4, 5, IT LOOKS LIKE SIX BUILDINGS WITH SEVERELY, UM, DEGRADING, STAIRWELLS, STRUCTURAL POSTS.
THOSE ARE ISSUES THAT DIDN'T JUST HAPPEN.
SO WHEN THOSE WERE SEEN, AS WE PROCEEDED FROM MAY OF 2020, IT LOOKS AS THOUGH FROM IF I UNDERSTAND WHAT YOU'RE SAYING, YOU ALL HAVEN'T PULLED PERMITS TO DO ANY OF THOSE REPAIRS.
YET THOSE REPAIRS ARE NOT REQUIRED TO HAVE PERMITS.
THE PERMITS THAT ARE REQUIRED ARE FOR THE AC REPAIRS OR NOT REPAIRS, THE AC REPLACEMENT.
SO WHAT OCCURRED AT THE PROPERTY IS THAT SEVERAL OF THE, UH, AIR CONDITIONING APPLIANCES WERE INSTALLED WITHOUT A PERMIT.
UM, AND AGAIN, I MENTIONED THIS IN MY PRESENTATION THAT THIS WAS UNBEKNOWNST TO MAINTENANCE, BELIEVING THAT THEY WERE EXEMPT FROM THAT DUE TO THE OCCUPATIONS CODE.
UM, THEY ARE NOT, THEY DO NEED TO PULL PERMITS A MECHANICAL PERMIT FROM THE CITY.
THOSE THAT'S, THE PERMITTING ISSUE IS THE INSTALLATION OF THOSE APPLIANCES THAT OCCURRED IN 2019 AND 2020.
CERNAN THE STAIRWELLS AND SORRY, I'D JUST LIKE TO BRIEFLY MENTION ABOUT THE POOL ENCLOSURE.
UH, MS. RUTLEDGE HAS INFORMED ME THAT THE POOLING CLOSURE CONTRACTOR, IN FACT, FINALIZE THAT BEFORE LEAVING THE PROPERTY THIS, THIS EVENING.
NOW I KNOW THAT MR. SARNA HAS EVERY INTENTION OF GOING OVER THERE, BUT I DO HAVE A PICTURE OF
[01:30:01]
THE POOL ENCLOSURE AND THE FINALIZED COMPLETED REPAIRS FROM EARLIER THIS AFTERNOON.AND I HOPE THAT INSPECTORS ARE IN, I WON'T HAVE TO SPEND MUCH OF THE NIGHT THERE NEXT TO THE POOL.
IS THAT TRUE? THAT THE STAIRWELLS GIVEN THE MAGNITUDE OF THE DEGRADATION OF THAT, THAT WE SEE THAT THAT WOULD BE A NON-PERMITTED WE DIDN'T CITE THE STAIRWELLS FOR PERMITS CAUSE THEY HADN'T, THEY HADN'T, UH, UM, DONE ANY REPAIRS, BUT ANY MAJOR MODIFICATIONS THAT ARE MADE TO THOSE STAIRWELLS, UH, WILL REQUIRE A PERMIT TO CONSIDER THOSE HEALTH AND SAFETY ISSUE.
I HAVE A CLARIFYING QUESTION, MR. SARNA.
SO ARE YOU MAKING, ARE YOU MAKING A DIFFERENCE BETWEEN THE REPAIRS AT A MAJOR MODIFICATION OR ARE YOU SAYING THAT IN ORDER TO REPAIR, THEY WOULD NEED TO DO MAJOR MODIFICATIONS.
THEY NEED TO GO OUT AND HIRE A CONTRACTOR ENGINEER TO GO OUT AND LOOK AT THE STAIRWAY, THE STAIRWELLS AND MAKE THOSE DECISIONS FOR THEM ALL.
WE'RE, UH, UH, WE'RE CITING THE DETERIORATION OF THE STAIRWELLS AND AS AN ISSUE THAT NEEDS TO BE ADDRESSED, BUT YOU'RE NOT SAYING THAT NECESSARILY PERMITS YOU TO BE, OR IF I CAN, I'M NOT AN ENGINEER, RIGHT.
THEY NEED TO GO OUT AND HIRE SOMEBODY THAT SPECIALIZES IN DOING THAT.
AND IF THEY DETERMINE THAT A THEY CAN BE SALVAGED, MAYBE BY REINFORCING IT ONE WAY OR ANOTHER, I REALLY DON'T KNOW.
UH, THEY THEN, UH, THAT CONTRACTOR WILL NEED TO GO OUT AND GET PERMITS IF THEY'RE GOING TO BE, UH, MODIFYING THEM OR, OR SWAPPING THEM OUT.
I THINK, UNLESS ANYONE ELSE ON THE COMMISSION DISAGREES, I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AND I WOULD STRONGLY RECOMMEND WE DISCUSS OUR OPTIONS AND PERHAPS MAKE A MOTION COMMISSIONER STUFF'S DONE.
I MIGHT BE JUMPING THE GUN HERE, BUT I THINK I'LL GO AHEAD AND MAKE IT IN THE FORM OF EMOTION WITH THE EXPECTATION THAT NECESSARY DISCUSSION CAN FOLLOW.
SO I'LL OPEN BY MOVING TO ADOPT STAFF, PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND EXCUSE ME, AND I'D RECOMMENDED THE ORDER.
UM, EXCEPT, UH, WOULD WE EXPECT TWO ITEMS TWO AND FOUR IN THAT ORDER, I WOULD MODIFY IT AS FOLLOWS IN ORDER THAT THEY WANT TO REPAIR ALL SIDE OF THE VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED ON THE 31ST DAY, IF COMPLIANCE WAS NOT BEEN ACHIEVED, UH, THE THOUSAND DOLLAR PENALTY AND SUE.
AND I WOULD ALSO ADD IF I HAD A 15 REQUIREMENT THAT THE, UH, UH, THE LIFE SAFETY ISSUES IDENTIFIED WITH RESPECT TO THE POOL ENCLOSURE BE ADDRESSED AS SOON AS REASONABLY PRACTICABLE, BUT NO CASE LATER THAN 24 HOURS FROM NOW.
UH, AND BEFORE WE HAVE A SECOND ON IT, EVEN I'D LIKE TO CLARIFY WITH MS. ALLIE THAT THE, THE PROPOSED, UH, FINES ARE FOR EACH OF THE 19 CASES, OR IS THAT YES, THAT WOULD BE A THOUSAND DOLLARS FOR EACH CASE PER WEEK.
SO EACH IT'S AN INDIVIDUAL ORDER FOR EACH CASE AND THEY'RE 19 CASES.
I, UM, WOULD SECOND THAT MOTION.
WE'LL DISCUSS, UH, COMMISSION, ANY THOUGHTS? UM, I JUST GENERALLY HAVE A LOOSE CONCERN HERE.
OBVIOUSLY THESE, UH, VIOLATIONS NEED TO BE TAKEN CARE OF, ESPECIALLY THE, UH, URGENT SAFETY ONES, LIKE THE POOL AND EXPOSED WIRES AND THINGS.
SO OBVIOUSLY THEY NEED TO BE TAKEN CARE OF.
UM, I JUST GENERALLY HAVE A CONCERN THAT THE, UH, BIRD FINANCIAL BURDEN, UH, THAT HIGHER THE FINANCIAL BURDEN THAT WE, UH, PENALIZE THIS PROPERTY WITH THE MORE THE TENANTS WILL PAY FOR IN RAISED RENTS AND LIVING EXPENSES CHARGED TO THEM BY THE OWNERSHIP OF THE PROPERTY.
UM, I KNOW I'M A NATIVE AUSTINITE AND I'VE SEEN HOUSING PRICES JUST GO UP AND UP AND UP AND, YOU KNOW, RENT AND LIVING EXPENSES GO UP.
UM, AND OBVIOUSLY WE NEED TO USE THE MECHANISMS OF THIS COMMISSION TO ENFORCE THE CODES THAT NEED TO BE FIXED.
UM, BUT I GENERALLY AM CONCERNED THAT THE MORE EXPENSIVE WE MAKE THIS FOR THE PROPERTY, THE MORE THOSE EXPENSES WILL BE PASSED DOWN TO THE, IN MY OPINION, UH, UNINVOLVED PEOPLE THAT ARE JUST HAPPEN TO BE LIVING THERE.
UM, THAT'S ALL, THAT'S THE ONLY CONCERN I WOULD LIKE TO SHARE AND JUST ENCOURAGE OTHERS TO THINK ABOUT.
[01:35:01]
I JUST WANT TO CLARIFY WITH, UH, MR. SHOT'S DAD, HE WANTS TO SHORTEN THE PERIOD FOR 30 DAYS TO 30 DAYS FOR A PORTION OF THIS.IS THAT RIGHT? AND WHICH PORTION DO YOU WANT TO TAKE? 30 DAYS? NO, GO AHEAD.
NO, APPARENTLY I REPLIED, UH, YEAH.
NO, I WAS JUST GOING TO CHANGE IT FROM 45 TO 30, UH, WITH RESPECT TO THE ENTIRE ORDER.
THE ONLY PORTION THAT WOULD HAVE A DIFFERENT TIMEFRAME WOULD BE THE DEPRESSING, THE POOL ISSUE THAT WE DISCUSSED.
UM, AND WE MIGHT WANT TO HEAR FROM THE LAWYER AS TO WHETHER I THINK THE WAY I PHRASED IT IN MY, MY PROMOTION NOW THAT I THINK ABOUT IT, I THINK I SAID IN FRONT OF NOW, AND THAT MIGHT NOT BE, WE MIGHT HAVE TO, WE MIGHT HAVE LIKE 24 HOURS FROM WHEN THE ORDER WAS MAILED, BUT THAT'S THE ONLY TIME DIFFERENTIAL I INCLUDE LIKE MS. COREY, UM, YES, UH, COMMISSIONER, SO SAD FOR A SECURE LIKE THAT.
YOU CAN REQUIRE THE, UM, YOU CAN REQUIRE IT FROM THE DATE OF THE HEARING.
UM, SO WE MAY WANT TO REVISE THAT MOTION TO STATE THE DATE OF THE HEARING.
UM, BUT JUST TO BE CLEAR THAT ANY PENALTIES THAT WOULD ACCRUE TO THAT SPECIFICALLY, IF THERE IS ONE WOULD, UM, RUN FROM THE DATE OF THAT, THE ORDER IS MAILED.
UM, AND AS COMMISSIONER SOSA HAD MENTIONED, STAFF HAS 10 DAYS TO MAIL THE ORDER FROM THE DATE OF HEARING.
SO, SO I GUESS I WOULD SAY SOME MOVES I WOULD MODIFY, I WOULD, I WOULD MODIFY MY EMOTION SUBJECT TO MR. THOMPSON'S BACK IN, UM, TO, UH, MY, MY FIFTH, UH, COMPONENT OF THE ORDER WITH RESPECT TO THE LIFE SAFETY ISSUE.
UH, I WOULD GRAB THEM AND SAY FROM NOW, I WOULD SAY FROM THE DATE OF THIS HEARING, UM, OTHER THAN THAT, UH, LEAVE MY MOTION AS ARTICULATED.
AS FAR AS THE SECOND GOES, I'LL AGREE TO THE CHANGE.
OFFICER SIR, AS THE WAY I READ IT.
AND I THINK YOU STARTED INTO THIS EARLIER, THAT REGARDLESS OF WHAT WE DO, IF THE POOL IS AT A LEVEL THAT WE FEEL, YOU FEEL LIKE IT'S UNSAFE THE CODE, WE'LL MOVE TO SECURE THAT IN AND IT'S WITHOUT, REGARDLESS OF WHAT WE DO, THAT IS CORRECT.
WE HAVE SEPARATE INTERNAL PROCESSES WHERE WE, IF WE COME ACROSS THAT SITUATION AND WE FIND IT OPEN AND EXPOSED, WE'RE, WE'RE JUST GOING TO MOVE AHEAD AND SECURE IT.
COMMISSIONER GREEN, JUST A LITTLE BACKGROUND, A HISTORY LESSON ABOUT, UH, WELL, YEARS AGO AFTER NARROWLY AVERTED, A SIGNIFICANT DISASTER WHEN THE COLONIAL, UH, ARGUMENTS.
AND, UM, I THOUGHT OUT HE COLLAPSED AS A, WITH TENANTS THERE TO DO, UM, LACK OF, UH, REPAIRS AND REMEDIATION AND IT'S QUITE STUNNING.
AND ACTUALLY THAT'S ONE OF THE REASONS I GOT INVOLVED WITH THIS.
SO WHEN I HEAR THAT AN OWNER, THE MANAGEMENT COMPANY, YOU'RE NOT ON OBS FOR OBVIOUS SAFETY ISSUES, LIKE EXPOSED ELECTRICAL WIRES ON SECURE POOL, BALCONIES AND STAIRS, UM, THAT ARE DECREPIT AND DANGEROUS AND REALLY PAR PART TIME OF BUYING MUCH MORE OF A SPORT.
AND I THINK A MISSIONER BOTH HAD, UH, GOT, UH, UH, EVEN, UH, THERE WAS DOWN THE ROAD THAN I WAS, BUT, UH, UH, I THINK I JUST WANTED TO LET FOLKS KNOW THAT, UH, WE'VE HAD A HISTORY OF ISSUES LIKE THIS AND NARROW, UM, UH, MISSES.
SO THIS KIND OF THING IS MY MIND'S PRETTY SERIOUS DEAL.
I THINK I WILL GO AHEAD AND CALL THE QUESTION UNLESS ANYONE ELSE HAS BURNING DESIRES TO TALK ABOUT THIS FURTHER? HMM.
MADAM COMMISSIONER, MAY I JUST MAKE A, JUST FINAL, WELL, ACTUALLY I'M SORRY.
NO, THE PUBLIC HEARING IS CLOSED.
I WILL DO THIS VIA ROLL CALL SINCE WE ARE PARTIALLY REMOTE.
ARE YOU IN FAVOR OF THE MOTION? AND DO YOU, DO I NEED TO RESTATE THE MOTION? ARE YOU OKAY? OKAY.
[01:40:03]
ARE YOU IN FAVOR? YES.COMMISSIONER SEE, LIKE, ARE YOU IN FAVOR OF THE MOTION? YES.
COMMISSIONER FERERA ARE YOU IN FAVOR OF THE MOTION? YEAH.
COMMISSIONER STILL SAID, ARE YOU IN FAVOR? YES.
AND I, UM, CHAIR FRYBERGER I AM NOT IN FAVOR OF THE MOTION, BUT THE MOTION HAS PASSED.
I BELIEVE THAT WAS SEVEN WITH ONE AGAINST AND ONE ABSTAINED COMMISSIONERS.
CAN I, CAN I JUST GET A, I'M SORRY, A REPEAT OF THIS.
THIS IS A 30 DAYS INSTEAD OF 45 DAYS.
I'LL, I'LL RESTATE IT FOR YOU.
SO IT IS THE, UM, STAFF'S RECOMMENDED ORDER WAS MODIFIED SO THAT ALL, ALL PERMITS INSPECTIONS AND REPAIRS ARE COMPLETED WITHIN 30 DAYS AND THE 31ST DAY, THE FINES WILL BEGIN TO ACCRUE.
UH, AND THEN THERE WAS THE MODIFICATION THAT THE POOL BE SECURED WITHIN 24 HOURS FROM THE DATE OF THIS HEARING.
AND ANY FINES RELATED TO THAT POOL ENCLOSURE NOT BEING SECURED ACTUALLY WOULD BEGIN TO CREW FROM THE DATE THAT THE ORDER IS MAILED, WHICH WILL PROBABLY BE WITHIN ABOUT 10 DAYS, SEVEN TO 10 DAYS, I WOULD GUESS.
AND, AND IF THERE IS AN ISSUE WITH PERMITTING THAT WOULD REQUIRE THIS TO GO BEYOND 30 DAYS, THAT FINE WOULD STILL BE ASSESSED AGAINST MY CLASS.
WE DO WISH YOU AND YOUR CLIENT, THE BEST OF LUCK WE DO LIKE TO SEE THAT REPAIRS ARE BEING MADE, AND WE HOPE THAT THE PROPERTY WILL SOON BE IN COMPLIANCE, UM, COORDINATOR ALLEY, MS. ALI, SHALL WE MOVE TO ITEM NUMBER TWO ON THE AGENDA ACTUALLY, BEFORE WE BEGIN, LET ME MAKE SURE THAT WE HAVE EVERYONE WITH US.
UM, I BELIEVE WE HAVE TWO PEOPLE IN PERSON.
AND, AND WERE YOU SWORN IN EARLIER? YES.
AND JACQUELINE WALBERG AND YOU AS WELL WERE SWORN IN.
SO WE'LL HEAR FROM THE CODE OFFICIALS FIRST AND THEN WE'LL HEAR FROM YOU.
SO, UM, AND THEN DO WE HAVE ANYONE ONLINE FOR THIS ITEM? SEVERAL PEOPLE.
WE HAVE ON THE PHONE OWNER, WE HAVE LARRY DAVIS WITH US.
AND DO WE HAVE BEEN NAVO ON THE LINE? YEAH, I'M HERE.
AND THEN JACQUELINE WALBERG IS IN PERSON AND FRANK CARROLL IS IN PERSON.
THEN WE WILL GO AHEAD AND BEGIN.
[2. Case Number: CL 2022-018675 Property address: 1512 Wheless Lane/ Owner: Deloach Property Interests Staff presenter: Michael Bruning Previous Commission Action: Orders issued December 10, 2014 for compliance plan and to vacate certain units; and, May 24, 2017 for engineer’s report and repair and/or demolition of partial structure Staff recommendation: Modify May 24, 2017 order to demolish the entire Repeat Offender Program fire damaged structure and uphold accrued penalties]
TWO, ON THE AGENDA.AS A RETURNING PROPERTY LOCATED AT 15, 12 WHEELIS LANE, THE CASE NUMBER IS CL 20 22 0 1 8 6 7 5.
THE EXHIBITS CAN BE FOUND IN THE GOLD BOOK IN YOUR READER OR GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A VACANT ABANDONED COMMERCIAL MULTI-FAMILY PROPERTY THAT SUFFERED FROM FIRE DAMAGE IN MARCH, 2014, THE PROPERTY IS SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS AT THE DECEMBER 10TH, 2014, MEETING THE BSC HEARD THIS CASE AND ISSUED AN ORDER REQUIRING AN ENGINEER'S REPORT, A COMPLIANCE, AND THAT CERTAIN UNITS REMAINED VACANT UNTIL COMPLIANCE WAS ACHIEVED.
THE SECOND BSC ORDER WAS ISSUED AT THE MAY 24TH, 2017 MEETING, WHICH SUPERSEDED THE 2014 ORDER.
THIS REQUIRED THAT THE OWNERS SUBMIT AN ENGINEER'S REPORT AND A WRITTEN COMPLIANCE PLAN REPAIR, OR PERFORM A PARTIAL DEMOLITION OF THE CENTRAL PORTION OF THE BUILDING.
AND AT THE A UNITS AFFECTED BY THE FIRE REMAINED VACANT UNTIL COMPLIANCE WAS ACHIEVED.
THE SECOND ORDER ALSO ASSESSED A CIVIL PENALTY OF $236,000 CARRIED OVER FROM THE 2014 ORDER.
AT THIS TIME, THE PROPERTY IS IN OCCUPIED.
THE STRUCTURE CONTINUES TO DETERIORATE AND NO VIOLATIONS HAVE BEEN ADDRESSED TONIGHT.
STAFF IS BRINGING THIS CASE BACK TO THE COMMISSION TO REQUEST A NEW ORDER FOR DEMOLITION OF THE ENTIRE STRUCTURE.
WE'RE ALSO ASKING THAT THE CIVIL PENALTY OF $236,000 BE CARRIED OVER TO THE NEW ORDER IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING
[01:45:01]
CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND REQUIRED POSTINGS THE FIRE INCIDENT REPORT TO ENGINEER'S REPORTS AND THE PREVIOUSLY ISSUED BSE ORDERS, EXHIBIT FOUR, WHICH CONSISTS OF CODE PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THROUGH FOUR I AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.MICHAEL BRUNING IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOS INSPECTOR BRUNING.
I WORK FOR AUSTIN CODE DEPARTMENT.
UM, THE CASE TONIGHT IS 4 15 12 WHEELESS LANE.
UM, AS PER TRAVIS COUNTY REGISTRY, THE OWNER IS DELOACH.
I BELIEVE ACTUALLY IT'S BEEN SOLD SINCE THEN.
UM, I THINK THEY'RE REPRESENTING THE NEW OWNERS, I BELIEVE.
UM, THE, UM, THE CASE TONIGHT WAS INITIALLY GENERATED BY MYSELF ON JANUARY 21ST, 2020.
UM, IT IS A TWO STORY VACANT, UM, APARTMENT BUILDING, UM, THAT HAS BEEN IN DISREPAIR FOR THE PAST, PROBABLY SIX, SEVEN YEARS.
UM, THE FOLLOWING FOLLOW-UP INSPECTIONS HAVE BEEN DONE AND THERE'S BEEN NO REAL CHANGE TO THE PROPERTY OTHER THAN THE, THE RESIDENTS MOVING OUT PROBABLY A COUPLE OF YEARS AGO.
UM, AND PRESENTLY IT IS A VACANT, UM, PROPERTY.
THE FOLLOW-UP PHOTOS THAT WE'RE GOING TO BE SEEN ARE FROM FEBRUARY 11TH, UH, 2022 THIS YEAR.
UM, SO WE CAN START WITH, UH, WITH THE PHOTOS.
UM, HERE WE HAVE A PICTURE OF THE, OF THE ADDRESS, UH, FROM THE STREET, UM, FALL, NEXT PHOTO HERE, WE HAVE A PICTURE OF THE, OF THE STRUCTURE IS STRUCTURE IS KIND OF IN AN EYE SHAPED.
SO THAT'S THE, THAT'S THE FRONT OF THE BUILDING.
AND THEN THERE'S ANOTHER PIECE GOING THAT WAY.
AND THEN THE, IN THE BACK, WHICH IS THE NEXT PICTURE, NEXT PICTURE, WE'LL SEE, THIS IS THE REAR OF THE PROPERTY.
UM, SO YOU CAN SEE JUST FROM THESE CONTEXTUAL PHOTOS THAT THE PROPERTY HASN'T REALLY BEEN MAINTAINED.
I MEAN, IT HAS BEEN VACANT FOR SOME TIME.
UM, NEXT PHOTO, UH, HERE WE SEE SOME OF THE DAMAGE TO THE FRONT PART OF THE BUILDING ON THE SOFFIT WITH, UM, A LOT OF HOLES IN THE SOFFIT AND ROOFING.
UH, NEXT PHOTO HERE, WE SEE, UH, ON THE PROPERTY, THERE'S THREE STAIRCASES, UM, ONTO THE, ON THE FRONT AND BACK THERE'S ONE PER PER SECTION OF BUILDING.
UM, THIS IS THE FRONT PART OF THE BUILDING WHERE YOU CAN SEE IT'S VERY DETERIORATED.
UM, JUST FROM THE AGE OF THE BUILDING AND THE WEATHER.
UH, NEXT PHOTO HERE, WE HAVE A PICTURE OF, UH, ONE OF THE BACK WINDOWS THAT HAS ALL BROKEN OUT.
UM, PROBABLY TWO YEARS AGO, I DID ACTUALLY, IT WAS IN 2020 JANUARY WHERE THERE STILL WERE PEOPLE WHO WERE OCCUPYING IT IN 2020, BUT SINCE THEN, THEY'VE ALL, THEY'VE ALL LEFT.
AND THEN THIS IS THE, THE REAR SECTION OF THE, OF THE BUILDING.
AND HERE YOU SEE WHERE SOME OF THE, THE WINDOWS HAVE BEEN TAKEN OUT AND REPLACED WITH, UM, WITH WOOD AND, UM, SO THAT THE STRUCTURE IS SEALED.
UM, BUT LIKE, UM, MS. ALI SAID, WE DO, WE DO REQUEST THE WHOLE THING TO BE DEMOLISHED.
SO ONCE AGAIN, THERE'S SOME MORE SEE A PICTURE OF THE FACIAL AND SOFFIT, AND IT'S JUST WHAT HAPPENS WHEN NOTHING'S DONE TO A BUILDING, UH, NEXT PHOTO.
AND THEN THIS WAS RECENTLY, THIS WAS A COUPLE OF WEEKS AGO.
WELL, ON THE 11TH ACTUALLY, UH, FEBRUARY WHERE YOU COULD SEE THAT THEY ARE BRINGING MATERIALS TO START THE DEMOLITION IN THE SYSTEM THAT THE SELF, THE AMANDA SYSTEM, UM, IT SHOWS THAT A PERMIT WAS REQUESTED, BUT IT WAS REJECTED FOR SITE PLAN ISSUE.
I'M NOT REALLY SURE OF WHY, BUT, UM, FOR THE DEMOLITION OF THE, OF THE, THE MAIN BUILDING THERE, AND 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 THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE
[01:50:01]
AND IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS.STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT FOUR, A THROUGH FOUR I, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR, EIGHT THROUGH FOUR.
I THINK I JUST READ THAT STAFF, ASK THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDINGS OF FACT, NO ONE APPEAL, THE COMMISSION'S PREVIOUS ORDERS TRV 20 15, 0 0 3 8 9, OR TRV 20 17 0 9 9 2 2 4.
FINDINGS OF FACT, TO THE COMMISSION ASSESSED A CIVIL PENALTY OF $236,000.
AND IT'S 2017 ORDER TRV 2017 0 9 9 2 2 4.
AS OF THE DATE OF THE COMMISSION, AS OF THE DATE, THE COMMISSION ISSUED THIS ORDER, THE PROPERTY OWNER HAS NOT PAID THIS CIVIL PENALTY STAFF ASSET COMMISSION TO MAINTAIN THE CIVIL PENALTY ASSESSED IN ITS 2017 ORDER TRV 2017 0 9 9 2 2 4, BY REASSESSING THE CIVIL PENALTY IN THIS ORDER AND ALLOWING THE CIVIL PENALTY IN THIS ORDER TO SUPERSEDE THE CIVIL PENALTY IN THE PREVIOUS 2017 ORDER TRV 2017 0 9 9 2 2 4 STAFF ASKS THE COMMISSION TO ORDER THE OWNER TO COMPLETE THE FOLLOWING ONE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE COMMERCIAL MULTI-FAMILY STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON.
AND I RECOMMEND ORDER DOESN'T OH, OKAY.
ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZE THE CODE OFFICIALS PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH AND BE PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
ELAINE, FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND FOUR EIGHT THROUGH FOUR.
I, AND UM, WE WOULD LIKE TO HEAR FROM THE PROPERTY REPRESENTATIVE HI, GOOD EVENING.
MY NAME IS FRANK CARROLL, ALONG WITH MY CO-COUNSEL JACQUELINE WALBERG.
WE REPRESENT THE NEW OWNER, URBAN LOFTS.
MY CLIENT ACQUIRED THE PROPERTY APPROXIMATELY 120 DAYS AGO, UH, IN 2017.
THIS COMMISSION NOTED THAT THE ISSUES AT 15, 12 AS QUOTE, HAVE LONG DRAG DRAG DRAG ON AND GET MORE COMPLICATED EACH TIME.
AND I'M HOPING THAT WE CAN ADDRESS THIS LONGSTANDING PROBLEM.
AND ALSO UNCOMPLICATE THE ISSUE FOR YOU ALL? UH, IN MY REVIEW OF THE HISTORY, I COMPLETELY AGREE THIS IS DRUG ON TOO LONG AND IT IS COMPLICATED, BUT I NOR MY CLIENT CAN ADDRESS THE HISTORY.
WE CAN ONLY ADDRESS THE PRESENT.
UH, BEFORE I BEGIN, I MOVED TO ADMIT OWNER'S EXHIBITS ONE THROUGH 13, SO ADMITTED.
AND WE'RE GOING TO TRY TO PULL UP, UH, WE PROVIDED EXHIBIT 12 TO YOU ALL, AND I'M HOPING THAT, UH, WE CAN PULL UP EXHIBIT 12, WHICH IS THE PRE PRELIMINARY SITE PLAN FOR A PROPOSED PROJECT TO BE CONSTRUCTED ON THE PROPERTY.
UH, YEAH, IT'D BE NUMBER 12 THERE I'LL DO YOU ONE BETTER? MAY I
[01:55:01]
WELL, HE'S FLIPPING THROUGH THAT.I'LL JUST CONTINUE SINCE, UH, I HAVE FIVE MINUTES.
I HOPE YOU WILL PERMIT ME TO FULLY PRESENT THIS, BUT I HOPE TO NOT TAKE LONGER THAN THAT.
MY CLIENT URBAN WAFS TOOK TITLE TO THIS PROPERTY ON OCTOBER 19TH, 2020, AND THAT'S EXHIBITS ONE AND TWO.
UH, THAT SAME DAY, OCTOBER 19TH, 2021, THE DAY MY CLIENT TOOK POSSESSION OF THIS PROPERTY AND TITLE MY CLIENT'S DEMOLITION CONTRACTOR SUBMITTED APPLICATIONS FOR THE DEMO PERMITS ON THIS PROPERTY.
AND YOU'LL FIND THOSE AT EXHIBITS NINE AND 10, UH, WHILE WAITING ON THESE PERMITS TO BE APPROVED, MY CLIENT HAS FENCED THE PROPERTY AND IS EQUIP, MESH UP TO HOW TO VISUALLY HIDE THAT FENCING.
SO THE PROPERTY IS SECURED AND WE ARE JUST WAITING FOR THOSE PERMITS.
MY CLIENT HAS A CONTRACT WITH A DEMOLITION CONTRACTOR.
THAT'S MADE EXHIBIT EIGHT AND IS READY TO BEGIN WORK.
ONCE THOSE PERMITS ARE ISSUED, MY CLIENT, I WANT TO REITERATE IS READY, WILLING, AND ABLE TO CONDUCT THE FULL DEMOLITION OF THIS PROPERTY.
AS SOON AS THOSE PERMITS ARE ISSUED, MY CLIENT HAS AN ESCROW AGREEMENT.
THAT'S EXHIBIT SEVEN AT PARAGRAPH FOUR THAT ACTUALLY HOLDS MONEY BACK FROM ESCROW UNTIL THAT DEMOLITION IS COMPLETED.
AND MY CLIENT HAS AN EXECUTED CONSTRUCTION LOAN AGREEMENT.
YOU'LL SEE THAT EXHIBITS FOUR, FIVE, AND SIX, THAT, UH, THAT WILL ALLOW FOR THE FUNDING AND COMPLETION OF THIS DEMOLITION WORK.
AND SO MY CLIENT ACTUALLY HAS A SURVEY OF THE PROPERTY AS IT EXISTS CURRENTLY AT EXHIBIT 11.
BUT WHAT YOU SEE ON YOUR SCREEN IS EXHIBIT 12, AND THAT IS THE PLANS FOR THE CONSTRUCTION OF THE 34 UNITS ON THE PROPERTY.
OBVIOUSLY YOU CANNOT CONDUCT THIS TYPE OF CONSTRUCTION THAT ENCOMPASSES THE ENTIRE LOT WITHOUT FULLY DEMOLISHING, BOTH THE MULTIFAMILY, UH, EXISTING UNIT, AS WELL AS THE TWO SINGLE FAMILY UNITS.
AND THAT'S THE PERMITS MY CLIENT HAS APPLIED FOR IS TO DEMOLISH ALL THREE OF THOSE UNITS.
THERE IS A HOLDUP AS A, AS THE CODE INSPECTOR NOTED, UH, BECAUSE WHAT WE'RE TRYING TO DO IS GET AN EXEMPTION FROM THE SITE PLAN REQUIREMENT TO DO THE DEMOLITION FIRST.
SO WE CAN COME INTO COMPLIANCE WITH THIS COMMISSION'S ORDER.
UH, IF WE HAVE TO SUBMIT AN ENGINEERED SITE PLAN, THAT'S A PROJECT, A PROCESS THAT CAN TAKE MUCH LONGER.
AND SO WE DON'T KNOW IF PERMITTING IS GOING TO ALLOW THAT EXEMPTION, IF IT DOES, WE WILL BRING BULLDOZERS IN AND GET THIS THING TAKEN CARE OF VERY SHORTLY.
IF WE HAVE TO SUBMIT A FULL ENGINEERED SITE PLAN, AS YOU ALL KNOW, THAT TAKES A LITTLE WHILE, BUT WE ARE WORKING TOWARDS THAT AS THOSE DRAWINGS SHOW.
AND ACTUALLY, IF YOU CAN PULL UP THE NEXT EXHIBIT, THE NEXT PAGE, THAT'S EXHIBIT 13, THAT WAS ACTUALLY RECEIVED YESTERDAY FROM JONES CARTER, VERY REPUTABLE, UH, FROM, AND THAT'S THE SCHEMATIC PLANS.
SO THIS IS NOT SOMETHING THAT IS PIE IN THE SKY THAT'S SITTING, UH, WE'RE TRYING TO ACTUALLY WORK ON IT RIGHT NOW.
THIS IS A PROJECT THAT IS GETTING ENGINEERED DRAWINGS IN ORDER TO ACCOMPLISH IT.
AND WE MOVED TO GET THOSE PERMITS THE DAY THAT WE OBTAINED THE, UH, THE TITLE TO THAT PROPERTY.
AND SO MY CLIENT LEARNED TO THIS NEW CODE ENFORCEMENT VIOLATION, FEBRUARY 14TH, UH, AND HAS BEEN WORKING DILIGENTLY TO OBTAIN THE INFORMATION REGARDING A TIMEFRAME TO PROVIDE THIS COMMISSION WITH A TIMEFRAME, UH, FOR OBTAINING THOSE CONSTRUCTION DEMOLITION PERMITS.
AND SO WHAT WE'RE ASKING THIS, THIS, UH, COMMISSION FOR TONIGHT IS UNDER RULE 4 0 7.
WE'RE ASKING FOR A CONTINUANCE FOR 60 DAYS TO GATHER AND A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK AND EVIDENCE OF THE SCOPE AND COMPLEXITY OF THAT WORK.
SO AT THIS COMMISSION, MAY I, MAY I HAVE ANOTHER MINUTE? YEAH.
PLEASE JUST TRY AND WRAP IT UP.
UH, WE WANT TO PROVIDE YOU WITH THE SCOPE AND COMPLEXITY OF THAT WORK, ALL THE THINGS THAT ARE IN YOUR RULES, YOU KNOW, YOUR RULES, THAT'S WHAT WE'RE TRYING TO PROVIDE YOU ALL.
AND SO THAT WOULD GIVE, WE WANT TO DETERMINE APPROPRIATE TIMEFRAME, SOMETHING THAT'S NOT GOING TO PENALIZE MY CLIENTS AS THEY WORK DILIGENTLY DURING THESE 120 DAYS THAT THEY HAD THIS PROPERTY TO COMPLETE THIS PROJECT.
UM, YOU SAID IN 2017, THIS MATTER HAS DRUG ON, AND IT'S GOT MORE COMPLEX.
MY CLIENTS ARE HERE TO PUT THIS TO BED.
WE JUST ASKED FOR A MODEST CONTINUANCE SO THAT WE CAN GATHER THAT REQUIRED INFORMATION AND COME BACK TO YOU REGARDING THIS SCOPE AND ALSO ANY MITIGATING FACTORS FOR THE CIVIL PENALTY.
SO ACTUALLY I DO HAVE A QUESTION FOR YOU, UH, RIGHT AWAY, MR. CARROLL.
UM, SO STAFF'S PROPOSED ORDER IS FOR A DEMOLITION, BUT OTHER THAN BASICALLY MAINTAINING THE FINES THAT WERE ASSESSED IN 2017, THERE ARE NO NEW FINES ASSOCIATED
[02:00:01]
WITH THIS, RIGHT? SO THE PENALTY FOR NOT DEMOLISHING THIS WITHIN 45 DAYS IS THAT THE CITY THEN BEGINS THE PROCESS OF DEMOLISHING IT THEMSELVES.AND BASED ON RECENT EXPERIENCE, THE CITY IS RATHER BACKED UP ON THEIR, ON THEIR DEMOLITIONS.
SO YOU, YOU, EVEN IF WE DO ADOPT STAFF'S RECOMMENDED ORDER, YOU LIKELY HAVE A FEW MONTHS HERE.
I, I DO UNDERSTAND THAT, UH, THAT THAT IS WORKING WITH A GUILLOTINE OVER YOUR NECK.
UH, IF, IF YOU WOULD PERMIT A 60 DAYS TO COME BACK, THIS THING HAS BEEN FULLY WORKED UP.
I WOULD LIKE TO, AT THAT TIME, PRESENT YOU WITH THE EVIDENCE SO THAT WE CAN HAVE A TIME TIMETABLE AND WHAT REALLY I'M NEEDING.
THERE'S ONE PIECE OF INFORMATION THAT'S REALLY IMPORTANT AND THAT'S WHETHER OR NOT THE CITY IS GOING TO REQUIRE AN ENGINEERED SITE PLAN, BECAUSE WE'RE TALKING ABOUT A MATTER OF MONTHS VERSUS A MATTER OF DAYS TO GET STARTED VERSUS SOMETHING THAT COULD TAKE POTENTIALLY SIX TO EIGHT MONTHS, UH, IF THEY REQUIRE AN ENGINEERED SITE PLAN.
AND WE JUST DON'T WANT TO SIT AROUND, WE DON'T WANT TO SIT AROUND WITH AN ORDER, UH, FOR EIGHT MONTHS, UH, AND, AND FURTHER FLAUNT THE ORDERS THAT WE'RE NOT GOING TO FLAUNT THE ORDERS THIS COMMISSION HAS, HAS PUT DOWN.
WE'RE NOT SAYING IT'S HAPPENED IN THE PAST, BUT WE TAKE IT VERY SERIOUSLY.
AND SO I WOULD JUST REQUEST THAT YOU GIVE US THAT 60 DAY CONTINUANCE.
UM, AND AT THAT TIME, UH, WE CAN REVISIT THIS ISSUE, UH, UNDERSTOOD.
AND I'D ALSO LIKE TO POINT OUT TOO, THAT WE HAVE BEEN TOLD IN THE PAST, FROM CITY STAFF THAT, YOU KNOW, THEY, THEY ON A DEMOLITION ORDER, AS LONG AS IT'S NOT POSING AN IMMEDIATE LIFE SAFETY HAZARD, AS LONG AS IT REMAINS BOARDED AND SECURED, FOR INSTANCE, THAT THEY WILL GENERALLY WORK WITH THE PROPERTY OWNER.
YOU KNOW, IF YOU, IF IT LOOKS LIKE YOU'RE PREPARING TO DO THIS, YOU'RE JUST WAITING FOR YOUR, FOR YOUR PERMIT TO BE ISSUED.
THEY'RE NOT GOING TO COME IN AND BULLDOZE IT OUT FROM UNDERNEATH YOU.
OH, I TOTALLY UNDERSTAND THAT.
UH, THE OTHER SECOND POINT, IS THERE ANY MITIGATING EVIDENCE REGARDING THESE OUTSTANDING PENALTIES? UH, YOU KNOW, ONE OF THOSE MITIGATING FACTORS IS GOING TO BE THE, UH, WHETHER WE WORKED WITH ALACRITY TO GET THIS DONE, UH, AND THE, AND THE POTENTIAL IMPACT ON THIS FUTURE DEVELOPMENT, THAT IS A $236,000 PENALTY.
WE'RE NOT SAYING THAT YOU SHOULD WAIVE IT.
WE'RE NOT, WE'RE NOT SAYING ANYTHING ON THAT, BUT WE WOULD LIKE TO BE ABLE TO GATHER INFORMATION DURING THE NEXT 60 DAYS TO BE ABLE TO PRESENT YOU EVIDENCE, BECAUSE THAT IS SOMETHING THAT, UH, IS A SUBSTANTIAL PENALTY.
UH, AND MY CLIENT DID RE LEARN OF THIS ON FEBRUARY 14TH.
UM, AND SO WE WOULD ASK FOR THAT CONTINUANCE UNDER 4 0 7 FOR THAT REASON AS WELL.
ONE MORE FOLLOW UP TOO, ON THE PENALTY.
UH, BECAUSE MY UNDERSTANDING IS THAT, UM, THIS IS SOMETHING THAT YOUR CLIENT WOULD HAVE BEEN MADE AWARE OF AT THE TIME OF CLOSING.
YOU KNOW, THIS SHOULD NOT HAVE BEEN A SURPRISE TO YOUR CLIENT.
UM, IF YOUR CLIENT ONLY WAS MADE AWARE OF IT AT THE TIME OF CLOSING, THAT'S PERHAPS, UM, NOT A VERY NICE WAY FOR THE SELLER TO, YOU KNOW, TRANSITION THE LAND TO YOUR CLIENT, BUT THIS SHOULD NOT HAVE BEEN A SURPRISE.
NO, IT SHOULD HAVE BEEN PART OF THE COST OF PURCHASING THAT LAND.
I'M CERTAINLY NOT REPRESENTING TO THIS, TO THIS COMMISSION, THAT IT WAS A SURPRISE.
UH, WE DIDN'T LEARN IT AS EARLY AS WE LIKED, BUT, UH, THAT BEING SAID, UH, WE WOULD LIKE AN OPPORTUNITY TO PRESENT SOME MITIGATING EVIDENCE.
HOWEVER, IF THIS, IF THIS COMMISSION DECIDES THAT THERE'S NO MITIGATING FACTORS, MY CLIENT WILL MAKE THIS RIGHT WITH THIS COMMISSION.
UH, WE WOULD JUST ASK FOR THAT 60 DAYS TO BE ABLE TO GATHER THAT MITIGATING EVIDENCE.
AND, UM, WE WILL HEAR FROM THE COMMISSION AND SEE WHAT, SEE WHAT EVERYONE WANTS TO DO, MANAGER YES.
UM, SINCE YOU GUYS KNEW OF THIS, WHEN YOU CLOSED, HAVE YOU CONTACTED CODE SINCE YOU CLOSED? HAVE WE CONTACTED CODE ENFORCEMENT? UH, WE KNOW WE HAVE NOT.
WE, BECAUSE WE WERE GOING TO DEMOLISH IT.
SO THERE'S A NUMBER OF CODE VIOLATIONS ON THERE.
AND THE QUICKEST WAY TO CURE CODE VIOLATIONS UH, IS TO TEAR IT DOWN.
AND SO THAT'S WHY ON DAY ONE OR ON DAY ZERO, UH, WE SOUGHT TO OBTAIN THOSE PERMITS.
COMMISSIONER BENDING, BENDING YOU.
UM, MY QUESTION IS WHEN, WHEN DO YOU EXPECT TO KNOW WHETHER YOU'LL NEED THE ENGINEERED SITE PLAN, UM, OR, UH, YOU KNOW, THAT, THAT DELINEATION THAT YOU MADE VERY CLEAR WILL MAKE IT EITHER A FEW DAYS OR SIX MONTHS? SURE.
WHAT I'VE HEARD IS APRIL AND WE ACTUALLY HAVE THE SURVEYOR WORKING TOWARDS THAT PLAN ON, YOU KNOW, ON SPEC RIGHT NOW, BECAUSE IF, IF IT'S SOMETHING THAT THEY ARE GOING TO REQUIRE, WE'RE GOING TO GO AHEAD AND SYNC THE COST RIGHT NOW, SO THAT WE'RE NOT DELAYED FURTHER.
WE'RE HOPING APRIL, BUT THAT'S WHY I'M ASKING FOR 60 DAYS, BECAUSE THAT TIMEFRAME WILL ALLOW ME TO BE ABLE TO COME BACK WITH A DEFINITIVE ANSWER.
[02:05:04]
ANY COMMENTS OR QUESTIONS FROM THE COMMISSIONERS ONLINE? ANY MOTIONS FROM THE COMMISSION? UH, THIS IS MY FIRST MEETING.SO MAYBE THIS IS WHAT PUTS YOU IN THE HOT SEAT.
IT, FROM WHAT I'VE SEEN, IT SEEMS FAIR TO REQUEST THE 60 DAYS.
AND SO I MOTION TO GRANT THE 60 DAYS TO THE CONTINUANCE TO CONTINUANCE YET I MAKE THAT MOTION.
UM, WE'LL SEE IF THERE'S A SECOND AND THEN WE'LL DISCUSS COMMISSIONER GREEN.
UH, I WILL S PLANS TO GETTING AHEAD OF FUND.
I THINK THE STRUCTURE NEEDS TO COME DOWN, YOU KNOW, AND I'M SORRY, BUT ANYONE WHO CAN GET A SITE PLAN AND ENGINEERED SITE PLANS FOR THE CITY OF AUSTIN AND SIX MONTHS IS A MAGICIAN RIGHT NOW.
SO WE ARE POSSIBLY LOOKING AT A YEAR BEFORE THEY WOULD HAVE ENGINEERED PLANS IF THAT'S WHAT'S REQUIRED.
UM, I JUST, I FIND IT HARD TO BELIEVE THAT CITY STAFF, ONCE THEY KNOW THAT THIS HAS BEEN A PROBLEM AND ONGOING ISSUE, THAT IF THEY WOULD HOLD UP THE DEMOLITION PERMIT, YOU KNOW, WAITING FOR ENGINEERED SITE PLAN, AS OPPOSED TO GIVING A SITE PLAN EXEMPTION, JUST FOR THAT, I JUST FIND IT REALLY HARD TO BELIEVE THAT CITY STAFF WOULD DO THAT.
WE'RE NOT ON CITY STAFF, YOU KNOW, WE'RE NOT OVER THERE IN THE DEVELOPMENT, UH, DEPARTMENT.
UM, WE UNFORTUNATELY DON'T HAVE ANY CONTROL OVER THAT.
SO I DO UNDERSTAND THIS AS MAYBE A PRECARIOUS SITUATION.
UM, I JUST DON'T WANT THIS TO DRAG ON FOR ANOTHER YEAR WHILE YOU'RE WAITING FOR ENGINEERED PLANS.
I MEAN, ANYTHING WE CAN DO TO GIVE CITY STAFF AND OTHER REASON TO GRANT YOU THE SITE PLAN, UM, EXEMPTION, YOU KNOW, I DON'T KNOW IF OUR ORDER WOULD HELP, BUT I CAN ONLY IMAGINE IT WOULD.
SO ANYWAY, THOSE ARE MY THOUGHTS.
WE ACTUALLY HAVEN'T CLOSED THE PUBLIC HEARING YET.
SO IF YOU LOOK LIKE YOU WANTED TO SAY SOMETHING, LET'S HEAR WHAT YOU HAVE TO SAY.
UH, USUALLY IF, IF YOU'RE, IF IT'S GOING YOUR WAY, YOU SHOULD SIT DOWN, BUT I WELCOME ANY HELP THAT THIS COMMISSION CAN GIVE, UH, TO, TO, TO FACILITATE THAT.
I FIND IT HARD TO BELIEVE AS WELL, BUT ANYTHING, YOU KNOW, IF YOU, I IMAGINE YOUR CHAIRMANSHIP, YOUR CHAIRWOMANSHIP CARRIES GREAT WEIGHT WITH THE CITY.
SO ANYTHING THAT YOU ALL CAN DO, WE WOULD WELCOME THAT.
UM, BUT WE WOULD STILL ASK FOR THE 60 DAYS.
SO WE WOULD, WE WOULD, UH, WHAT I'M SAYING IS IF YOU HAVE THAT TO OFFER, I WILL, WE WILL GLADLY ACCEPT.
WELL, WE'LL TALK ABOUT IT SOME MORE.
COMMISSIONER, MR. CAROL KIN, DID YOU SAY EARLIER THAT THE SITE'S BEEN SECURED? IN OTHER WORDS, YOU'VE FENCED IT AND THEN PUT, MESHING UP IS THE ENTIRE SITE.
AND MY SECOND QUESTION IS, ARE THERE ANY TENANTS LEFT ON THE SITE? SO THERE ARE NO TENANTS LEFT.
UH, I BELIEVE THE LAST TENANTS WERE LEFT IN 2021, NOT 2020.
AND OF COURSE WITH THE COVID ORDERS, NOT BEING ABLE TO GET EVICTION NOTICES THAT DID DELAY THAT, BUT IT WAS ALL HAPPENED PRIOR TO TURNOVER.
UM, THE BUILDING IS SECURE AND I BELIEVE FENCING I'VE BEEN TOLD THAT VINCENT WAS PUT UP TO SECURE THE SITE, UH, AND ALSO MESH AS WELL.
BUT THE BUILDING HAS BEEN SECURED.
THERE'S NO ONE THAT CAN COME INTO IT AND, UH, FENCING HAS GONE UP AS THAT'S MY UNDERSTANDING.
SO I'M NOT SURE IF I'M MISUNDERSTANDING SOMETHING HERE, BUT I'M, UH, IT SOUNDS LIKE WE'RE BEING ASKED FOR MORE TIME BECAUSE, UM, THE OWNER WANTS MORE TIME BECAUSE OF THEIR PLANS FOR THE SITE, WHICH IS SOMETHING DIFFERENT THAN WHAT THE VIOLATIONS ARE ABOUT.
THIS VIOLATION IS ABOUT THE NEED TO DEMOLISH THIS STRUCTURE, WHICH IS UNSAFE.
AND, YOU KNOW, I GATHER HAS BEEN AN ISSUE FOR A LONG TIME AND I'M, I DON'T UNDERSTAND WHY THAT CAN'T HAPPEN REGARDLESS OF HOW FAST THE PLANS ARE UNFOLDING FOR.
WHAT'S GOING TO HAPPEN NEXT WITH THE SITE.
AND, YOU KNOW, I UNDERSTAND, UM, IT PROBABLY WON'T HAPPEN AS FAST AS, UH, THE CITY WON'T DEMOLISH IT THAT FAST, UH, AS WE KNOW, JUST FROM THE BACKLOG, BUT, UM, I DON'T SEE THE CONNECTION HERE.
I'M NOT SURE WHY WE'RE BEING ASKED TO TAKE INTO ACCOUNT WHAT THE FUTURE PLANS ARE FOR THE SITE.
WHEN WHAT'S AT ISSUE HERE IS JUST THAT NEED TO DEMOLISH THE STRUCTURE.
AM I MISUNDERSTANDING WHAT'S HAPPENING HERE? I AM WITH YOU COMMISSIONER MILLER.
[02:10:01]
SHOULD REMAIN SEPARATE.YOU KNOW, THERE'S A GREAT NEED TO DEMOLISH THAT STRUCTURE AND TO TIE IT IN WITH, YOU KNOW, THERE IS THE QUESTION OF WHETHER OR NOT THE SITE PLAN, UM, EXEMPTION WILL BE GRANTED, OR IF THE CITY WOULD REQUIRE A FULL ENGINEERED SITE PLAN BEFORE GRANTING THE DEMOLITION PERMIT, IT'S BEYOND OUR CONTROL.
ALL WE CAN LOOK AT IS WHAT'S IN FRONT OF US TODAY, WHICH IS A STRUCTURE THAT IS BADLY NEEDS TO BE DEMOLISHED.
UM, MY OTHER CONCERN, MY OTHER CONCERN TOO, UM, I'M NOT TERRIBLY OPPOSED TO GRANTING A BIT MORE TIME.
I AM CONCERNED WITH A CONTINUANCE JUST BECAUSE THAT, THAT DOESN'T CLOSE THE CASE.
IT MEANS JUST IN, IN, IN HOPING FOR GREATER EFFICIENCY WITH THIS BOARD IN GENERAL, IT'S BETTER.
IF WE CAN HAVE A ONE-TOUCH APPROACH WHENEVER POSSIBLE, THERE IS OFTEN A TIME TO, TO CONTINUE A CASE.
UM, IT JUST SEEMS LIKE IF WE CAN RESOLVE IT TONIGHT, THIS OR ANY OTHER CASE, THAT'S, THAT'S THE PREFERRED OPTION, BUT ANYWAY, UH, YES, COMMISSIONER, STUFF'S DONE.
I HAVE A QUESTION FOR THE, UH, OWNER'S REPRESENTATIVE IF HE'S STILL THERE.
UH, SORRY FOR MAKING YOU COME BACK.
UH, BUT, UM, WHAT WOULD BE THE HARM? UH, CAUSE I, I THINK I SHARED THE CHAIR'S INTUITION THAT I DON'T SEE WHY WE CANNOT UNCOUPLE THESE TWO QUESTIONS.
THE QUESTION, WHETHER THE STRUCTURE, UH, THAT AS YOU SAY, HAS PRESENTED AS AN ISSUE THAT HAS DRAGGED ON FOR, YOU KNOW, AT LEAST THREE, FOUR YEARS NOW, WHAT, WHAT HARM WOULD COME IF, IF WE WERE TO JUST GO AHEAD AND LET, LET STANLEY ORDER THAT THAT'D BE DEMOLISHED, UM, AND, AND SORT OF DECOUPLE THAT FROM THE LARGER ISSUE OF THE SITE PLAN, THE CLIENT IS SEEKING.
IS IT, IS IT THAT FOR EXAMPLE, UH, WOULD MULTIPLY COST FOR YOUR CLIENT TO HAVE TO KIND OF GO BACK TWICE.
YOU CAN REALLY GO IN AND ADD IN AND DEMOLISH NOW AND THEN, AND THEN KIND OF COME BACK AND DO WHATEVER ELSE YOU'RE GOING TO DO LATER.
UH, YOU KNOW, HELP ME UNDERSTAND WHY WE SHOULDN'T JUST, JUST LET THE ORDER GO THROUGH IF YOU, IF YOU WOULDN'T MIND, YOU BET.
AND SO THERE'S BEEN THREE MENTIONS OF, OF COUPLING.
IT'S NOT SOMETHING THAT I'VE INVENTED.
I DID NOT COUPLE THE TWO TOGETHER.
WE WOULD PREFER TO BE ABLE TO DEMOLISH RIGHT NOW, GET IT RAKED, COMING IN, COMPLIANCE WITH THESE, WITH THIS, THIS COMMISSION'S ORDER, AND THEN GO THROUGH THE PROCESS OF SUBMITTING THE SITE PLAN.
BUT, UM, THE, UH, LAND DEVELOPMENT SITE PLANS GENERALLY, UH, IT'S 25 DASH FIVE DASH ONE, UH, IT SAYS SITE PLAN REQUIRED AND THERE ARE SITE PLAN EXEMPTIONS, UH, NUMBER SEVEN OF 25 DASH FIVE DASH TWO, UH, B SEVEN SAYS DEMOLITION OF A STRUCTURE COVERING NOT MORE THAN 10,000 SQUARE FEET OF A SITE AREA.
THE PROBLEM IS THIS MULTIFAMILY UNIT COVERS 12,000.
AND SO THEY'RE NOT GIVING US THE DEMOLITION PERMIT AND THAT'S WHY WE'RE TRYING TO FIND A WORKAROUND.
SO I DON'T WANT TO SUBMIT A SITE PLAN.
MY CLIENT DOESN'T WANT TO, BUT THE, BUT THE PERMITTING DEPARTMENT HAS COUPLED THEM TOGETHER.
AND SO WE'RE, WE'RE IN A ROCK AND A HARD PLACE.
WE'RE TRYING TO COME INTO COMPLIANCE, BUT WE CAN'T GET THE PERMIT UNLESS THEY GRANT THE EXEMPTION.
AND THAT'S WHY THEY'RE COUPLED TOGETHER.
IT'S NOTHING THAT WE, WE CONTRIVED.
MR. CAROL, LET ME, LET ME ASK YOU THIS.
I'M SORRY TO PUT YOU ON THE SPOT.
I KNOW THAT THIS, THIS IS, UH, YOU KNOW, YOU'VE GOT A CLIENT BEHIND YOU AND THIS IS HARD, A HARD QUESTION TO TRY TO FEEL WHEN YOU'VE BEEN SENT OUT IN WITH, WITH A PARTICULAR OBJECTIVE AND TO HAVE SOMEBODY TO PUT IT TO YOU THIS WAY, BUT W WHAT'S YOUR SECOND BEST? YOU KNOW, IN OTHER WORDS, IF WE, IF WE WERE TO, WE WERE TO SAY, OKAY, WE'RE NOT GOING TO CONTINUE WITH THIS.
WE'RE GOING TO ENTER OUR FINAL ORDER ON THIS PROPERTY TONIGHT, BUT WE'RE GOING TO KIND OF SPLIT THE DIFFERENCE WITH YOU AND TRY TO, AND TRY TO GIVE YOU BETTER THAN NOTHING, YOU KNOW, TO TRY TO GIVE YOU A LITTLE BIT MORE TIME.
UM, HOW WOULD YOU MODIFY THE ORDER IF, IF WE WEREN'T GOING TO GRANT YOUR CONTINUANCE, WHAT WOULD YOU ADD? COOL.
COMMISSIONER SAUCE THAT I DIDN'T REALLY ANTICIPATE WHAT MY SECOND BEST WOULD BE, BECAUSE I'D FORGOT TO ANSWER YOUR FIRST QUESTION, WHICH ANSWERS YOUR SECOND ONE AS WELL.
I DIDN'T CONTEMPLATE THE COMMISSION, NOT WILLING TO GIVE US A LITTLE BIT OF EXTRA TIME TO, TO GIVE MY CLIENT FULLY DUE PROCESS, TO PRESENT THE EVIDENCE THAT THIS COMMISSION HAS ASKED HUNDREDS RULES.
YOU GUYS, YOU ALL HAVE ASKED FOR EVIDENCE OF THE SCOPE AND COMPLEXITY OF THE WORK.
YOU ALL HAVE ASKED FOR THE DETAILED PLAN AND SCHEDULE THE WORK.
AND CERTAINLY THAT'S SOMETHING WE WANT TO PROVIDE.
WE WEREN'T ABLE TO DO IT IN THE NINE DAYS THAT WE HAD NOTICE OF THIS HEARING.
AND SO IT'S REALLY A DUE PROCESS ISSUE.
IT'S WE WANTING TO, I UNDERSTAND WANTING TO TOUCH IT ONCE I WAS A COUNCILMAN AT THE CITY OF KATY, I SERVED ON THE BUILDING STANDARDS COMMISSION AND KATIE, UH, I UNDERSTAND WANTING TO GET THINGS DONE ONCE, BUT I ALSO UNDERSTAND WANTING TO GET THE INFORMATION, RIGHT.
AND SO I AM APOLOGIZING THAT YOU HAVE TO TOUCH THIS TWICE IF THIS MOTION IS GRANTED, BUT THIS WILL
[02:15:01]
ALLOW US TO HAVE THE INFORMATION BEFORE THE DECISION IS MADE.AND I THINK THAT THAT'S SOMETHING THAT IS GOOD GOVERNMENT.
SO WE DO HAVE A MOTION ON THE TABLE, UH, WHICH IS TO GRANT A CONTINUANCE OF 60 DAYS, WHICH WOULD MEAN THE CASE WOULD COME BACK TO US IN THE, LET'S SEE, THIS IS FEBRUARY.
SO MARCH, APRIL, WE'D COME BACK TO US AT THE APRIL MEETING OF THE BUILDING AND STANDARDS COMMISSION.
UM, SO WE CAN, YOU KNOW, WE CAN MAKE OUR DECISION BY VOTING AND THEN IF IT FAILS, WE CAN EITHER COME UP WITH ANOTHER MOTION OR WE'LL SEE WHAT HAPPENS.
UM, I WILL GO AHEAD AND CALL THE QUESTION.
UH, I'LL START WITH EVERYONE HERE IN PERSON AND THEN I'LL MOVE TO EVERYONE ONLINE.
SO, UM, COMMISSIONER, I'M GOING TO GET THIS RIGHT.
COMMISSIONER THOMPSON AGAINST, OKAY.
COMMISSIONER FRANCIS, ALTHOUGH IN FAVOR.
ARE YOU IN FAVOR? CAN YOU REPEAT THE, UH, UH, THE STATEMENT AGAIN? SO THE MOTION IS TO CONTINUE THE CASE UNTIL THE APRIL BUILDING AND STANDARDS COMMISSION MEETING.
SO AS 60 DAYS ESSENTIALLY, AND, UH, ONE WOULD, UH, UM, UH, UH, DESTRUCTION OCCURRED OF THE PROPERTY.
WOULD THAT BE AFTER 60 DAYS? WE JUST CONTINUING THE CASE MEANS WE'RE, WE'RE JUST PUSHING IT TO APRIL TO EVEN CONSIDER IT.
AND OF COURSE, YOU KNOW, IF THE MOTION FAILS, WE CAN MAKE ANOTHER MOTION OR NOT, BUT IF IT PASSES, THEN THAT'S WHAT WE'LL DO.
ARE YOU IN FAVOR? OH, WITH DUE RESPECT TO A COMMISSIONER, BUT THINK I HATE THEM THE VOTE AGAINST THE GUY IN HIS FIRST MOTION, BUT I THINK, I THINK I HAVE TO, UH, I THINK I HAVE TO VOTE NO, ON THIS.
AND COMMISSIONER SAY, LOOK, ARE YOU IN FAVOR? UH, YOUR MICROPHONE IS TURNED OFF.
I ACTUALLY CAN'T TELL IF YOU'RE, I'M SORRY.
AND ACTUALLY I AM AGAINST AS WELL.
SO THAT WAS FOUR, FOUR IN FAVOR AND FIVE AGAINST IS WHAT I CAME UP WITH.
SO THE MOTION DID NOT PASS, BUT IT WAS A GOOD EFFORT.
UH, IS THERE AN ALTERNATE OR ANOTHER MOTION THAT ANYONE WOULD LIKE TO PROPOSE? AS CHAIR, I AM ABLE TO MAKE MOTIONS.
SO THOUGH, I GENERALLY DON'T LIKE TO, UM, AND I'M CHAIR, CAN YOU TELL US WHAT YOUR MOTION WOULD BE? UH, I WOULD PROBABLY TRY TO EXTEND THE TIMEFRAME FOR THE DEMOLITION JUST TO GIVE THEM A LITTLE MORE TIME SO THAT THEY DON'T FEEL AS THOUGH THEY ARE UNDER THE GUILLOTINE AS SO POLITICALLY PHRASED.
UM, AND I BELIEVE WE COULD EXTEND IT UP TO 90 DAYS WITHOUT REQUIRING ANY FURTHER EVIDENCE OR, UM, WELL MOVED.
I'LL I'LL, I'LL MAKE THAT MOTION.
THE MOTION IS TO ACCEPT STAFF'S RECOMMENDED ORDER WITH THE ONE EXCEPTION OF CHANGING THE TIMEFRAME FOR COMPLIANCE TO 90 DAYS.
AND YOU'RE SECONDING THAT COMMISSIONER STILL SAID, YEAH.
DO WE NEED TO DISCUSS, OR SHALL I CALL THE QUESTION? I HAVE A QUESTION.
AND JUST READING OVER THE STAFF'S ORDER, THAT'S HERE, OR YOU'RE SAYING, TELL ME WHAT YOUR MOTION DOESN'T HAVE ANYTHING TO DO WITH THE STAFF'S RECOMMENDED.
IT'S BASICALLY SAYING ADOPTING STAFF'S RECOMMENDED ORDER WITH THE ONLY CHANGE BEING THAT THE WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED THAT THEY WOULD OBTAIN AND FINALIZE ALL NECESSARY PERMITS, MEANING JUST THE DEMOLITION PERMIT, UH, DEMOLISH ALL PORTIONS OF THE STRUCTURE AND REQUEST INSPECTIONS TO VERIFY
[02:20:01]
COMPLIANCE.AND, UM, DO WE NEED TO ORDER THAT THE, THE FINES FROM 2017 WOULD THAT BASICALLY THEY WOULD BE RE-INSTATED WITH THIS AND REPLACE THAT 2017 ORDER.
YOUR MICROPHONE IS NOT ON, SORRY.
THE $236,000 WOULD CARRY OVER FROM THE 2017 ORDER TO DO THIS ORDER TO THE NEW ORDER.
SO REALLY THE ONLY MODIFICATION I'M MAKING IS JUST THE TIMEFRAME TO GO TO 90 DAYS INSTEAD OF 45 DAYS.
I WOULD THINK THAT, UH, THE 40 OF THE 45 DAYS WOULD BE SUFFICIENT AND MIGHT BE AN ASSET TO USE AS A TOOL WITH THE, UH, PEOPLE WITH THE CODE DEPARTMENT, WITH THE PERMITTING DEPARTMENT WITH THE PERMITTING DEPARTMENT.
NOW, I THINK THAT MIGHT MAKE A DIFFERENCE, UH, 45 AS OPPOSED TO 90.
YEAH, IT, IT MIGHT, I THINK JUST HAVING A DEMOLITION ORDER WOULD PROBABLY MAKE A DIFFERENCE IF ANYTHING DOES.
UM, WELL, WE'RE, WE'RE NOT GOING TO DO ANYTHING IT'S IT'S REALLY, PROBABLY DOES NOT MATTER.
I JUST THINK IT WOULD BE BETTER TO HAVE THE SHORTER FOR HIS BENEFIT.
AND WE DO HAVE A MOTION ALREADY ON THE TABLE RIGHT NOW WHILE WE'RE DISCUSSING.
I WOULD RESPOND TO A COMMISSIONER THOMPSON'S POINT.
I THINK YOU'VE GOT A GOOD POINT, BUT YOU KNOW, IT'S UM, WHEN I'M LOOKING FOR IS A SORT OF A PROBLEMATIC, YOU KNOW, IT'S SORT OF A GOLDIE LOCKS, WHATEVER METAPHOR YOU WANT, WHICH IS WHICH CLEARLY THE OWNER, DOESN'T IT DOESN'T, IT DOESN'T WIND.
UM, YOU KNOW, IT DOESN'T ONE DOESN'T WANT ON THE ORDER AT ALL RIGHT NOW.
I WANT TO CONTINUE THE WHOLE THING.
I THINK A LOT OF US HAVE UNDERSTANDABLE HEARTBURN ABOUT THAT.
OPEN-ENDEDNESS UM, ON THE OTHER HAND, YOU KNOW, TO THE EXTENT THAT IT, IT WAGES, COMMISSIONER THOMPSON, THE CONCERN, UH, IN ORDER IS BETTER THAN NOWHERE, EVEN IF IT'S MAYBE NOT AS, UH, NOT A SHORTER TIME AS, AS RICHARD THOMPSON WOULD PREFER.
SO YEAH, I GUESS SOMETIMES I SAY JUST A COMPROMISE IN THE INTEREST OF GETTING, GETTING IT DONE AND GETTING IT MOVING THAT WOULD, YOU KNOW, I DON'T KNOW HOW PERSUASIVE THAT IS, BUT, UH, YOU KNOW, THAT'S JUST MY 2 CENTS ON IT WITH THAT I'LL, THAT'LL YIELD THINKING OF ANY TRUE.
UH, I THINK I WILL GO AHEAD AND CALL THE QUESTION AND AGAIN, IF IT FAILS, WE'LL COME UP WITH ANOTHER MOTION.
UM, AND MAY I ASK A QUESTION, I'M SORRY, BEFORE YOU CALL IT, SO I'M NOT INTERRUPTING A VOTE, PLEASE DO IT.
WOULD IT BE POSSIBLE TO, UH, ADD, UH, LANGUAGE TO THE RECOMMENDATION THAT, UM, OR THE ORDER THAT THE BORDER IS CONTINGENT ON AN EXEMPTION BEING GRANTED? CAUSE IT SEEMS LIKE WE'RE POTENTIALLY UNFAIRLY SUBJECTING THEM TO ESSENTIALLY AUTOMATICALLY HAVING A VIOLATION.
IF THE EXEMPTION IS NOT YOU'RE IN IT, THEY'VE DONE EVERYTHING THAT THEY SEEMS TO ME JUST THAT THEY'VE DONE EVERYTHING THEY COULD TO AVOID, UH, BEING OUT OF LINE WITH THE CITY AND IF WE DON'T AND FAILED AND WE GIVE THEM 45 OR 90 DAYS, THEY ARE, THEY'RE GUARANTEED TO BE OUT OF ORDER OR IN VIOLATION IF THEIR EXEMPTION IS NOT GRANTED, YOU HAVE HIT ON A VERY HOT TOPIC.
UM, I DON'T ACTUALLY KNOW IF WE WERE ABLE TO MAKE AN ORDER CONTINGENT UPON SECURING OF PERMITS.
AND COULD YOU ANSWER THAT IN HIS CAREER? IT WOULD BE BASICALLY THE TIMEFRAME THAT WE'RE ASKING TO EXTEND BASED UPON A PERMIT, WHICH WE CAN NOT CONTROL.
UM, UM, I'M TRYING TO WRAP MY HEAD AROUND THIS.
SO JUST TO CLARIFY IS THE QUESTION, WHETHER WE COULD START THE CLOTH ONCE THEY HAVE THAT, UM, EXEMPTION OR IS, OR IS THE QUESTION THAT IF THEY DON'T GET THE EXEMPTION, THEN THERE'S NO VIOLATION.
I THINK THAT, THAT THE ENTIRE ORDER WOULD BE CONTINGENT ON THEM GETTING THE EXEMPTION BECAUSE I THINK, I THINK IT WOULD BE, I THINK IT WAS TO START THE CLOCK.
JU JUST, I THINK THE FAIR TO ME, I DON'T KNOW HOW EXACTLY IT WOULD BE PHRASED, BUT SOMETHING LIKE IN THE EVENT THAT THE EXEMPTION IS GRANTED,
[02:25:01]
THEY HAVE X NUMBER OF DAYS, 30 OR 45 OR 90 OR WHATEVER TO DO THE DEMOLITION.IF THE EXEMPTION IS NOT GRANTED, THEN THEY HAVE, I DON'T KNOW, SIX MONTHS, IT SEEMS UNNECESSARILY COMPLICATED.
BUT THE SPIRIT OF WHAT I'M TRYING TO ASK IS IT SEEMS LIKE THEY'RE TRYING TO DO EVERYTHING THEY CAN OUT OF RESPECT FOR THE BODY TO NOT BE IN VIOLATION.
AND, AND HE REFERRED TO AS A GUILLOTINE.
AND IT SEEMS LIKE IT'S NOT QUITE A GUILLOTINE IN THE SENSE OF THE, THE, UH, CONSEQUENCES ARE NOT SO HIGH BECAUSE WE DON'T THINK THE CITY WILL ACTUALLY PERFORM THE DEMOLITION THEMSELVES BECAUSE OF THE BACKLOG, WHICH IS WHY EVEN MORE, I THINK WE, WE, AS THE BODY SHOULD APPRECIATE THAT.
THEY'RE TRYING TO DO THIS BY THE BOOK.
IT SEEMS TO ME, THIS IS MY FIRST DAY.
SO I APOLOGIZE IF I'M MAKING TOO MUCH GREAT QUESTIONS.
I APOLOGIZE FOR MAKING TOO MUCH OF SOMETHING ON MY FIRST DAY.
IT JUST SEEMS LIKE THEY ARE REALLY GOING OUT OF THEIR WAY TO GO BY THE BOOK.
THIS IS ROBERT MOORE DIVISION MANAGER FOR AUSTIN CO DEPARTMENT.
UH, I THINK THE EXEMPTION WOULD BE, OR, I MEAN THE, UH, CONTINGENT UPON EXEMPTION.
UH, WOULDN'T BE, IT JUST WOULDN'T WORK BECAUSE, UM, YOU KNOW, WE DON'T KNOW WHAT KIND OF PLANS THEY'RE SUBMITTING.
SO, YOU KNOW, IN THEIR PLANS WHEN THEY'RE ASKING FOR THIS EXEMPTION AND I'M BEING DRAMATIC HERE, IF THEY WERE ASKING FOR A 30 STORY OFFICE BUILDING OR SOMETHING AND YOU KNOW, THEY'RE NEVER GOING TO GET IT, UM, YOU KNOW, WOULDN'T GET THE EXEMPTION.
SO WE WOULD HAVE NO WAY OF KNOWING WHAT THEY'RE SUBMITTING FOR US TO EMMY, FOR US TO RELY ON A CONTINGENCY CLAUSE.
BUT I JUST WANT TO, UH, REASSURE THE COMMISSION THAT, YOU KNOW, WE HAVE TO GO THROUGH THE SAME HOOPS THAT THEY WOULD HAVE TO GO THROUGH, UH, TO DEMOLISH THIS STRUCTURE.
SO, AND THE FASTEST WE'VE BEEN ABLE TO DO ONE IS SIX OR SEVEN MONTHS.
SO, UH, THE ONLY GUILLOTINE THAT WOULD BE HANGING WOULD BE TO PREVENT AN INDECISIVE OWNER ON MOVING FORWARD WITH WHAT NEEDS TO BE DONE, WHICH IS DEMOLISH.
THANK YOU, COMMISSIONER FRANCIS.
AND I LIKE WHERE YOU'RE GOING WITH THOSE QUESTIONS.
I THINK, I THINK MR. MOORE ALSO MADE A GOOD POINT.
IF, IF THERE, IF THERE'S NOT ENOUGH INFORMATION GOING IN, RIGHT.
THAT PROCESS COULD GO DRAG ON AND THEN RIGHT BACK TO WHERE WE WERE IN FIRST SCENARIO WHERE IT'S JUST THE DAY JUST KEEPS SLIDING OUT.
I LIKE THAT THINKING, BUT I THINK THERE DOES NEED TO BE SOME DROPPED IT FAIL TO SAFE MECHANISM THAT SAYS ALL BETS ARE OFF.
SO THIS KEEPS THAT MOVING AHEAD.
YES, IT DOES SEEM TO ME THAT THE DELAY IN THE DEMOLITION IS NOT THIS BODY.
IT'S NOT THE PROPERTY OWNERSHIP EITHER.
UM, THAT'S ALL, BUT YES, I DO.
I DO UNDERSTAND THE POINT THAT YOU'RE MAKING.
YEAH, NO, THAT'S A VERY GOOD POINT BECAUSE WE HAVE, YOU KNOW, MANY CASES WHERE THE PERMITTING IS, IS CAUSING DELAYS, WHICH PUSHES THEM INTO FINES, YOU KNOW, MANY OTHER CASES.
AND, UM, AND WE HATE TO SEE THAT.
BUT, UH, THE OTHER CONCERN I WOULD SEE IS THAT IF WE'RE ASKING IF WE'RE SAYING, WELL, IF THEY DON'T HAVE A PERMIT YET, THEN THE CLOCK STARTS WHEN THEY HAVE A PERMIT, THEN THAT PUSHES US BEYOND THE 90 DAYS, WHICH WE ARE REALLY NOT ALLOWED TO EXTEND THAT UNLESS WE HAVE, YOU KNOW, I THINK WE'VE GONE OVER THOSE MANY TIMES, LIKE FOR CERTAIN THINGS THAT WE NEED TO HAVE IN TERMS OF EVIDENCE.
AND SO, UM, I THINK PROBABLY IS JUST SOMETHING THAT'S BEYOND OUR CONTROL RIGHT NOW.
SO, UM, ANYWAY, THIS IS VERY LONG WAY TO GET AROUND TO, UH, THINK I'M READY TO CALL THE QUESTION.
WE'LL, WE'LL BEGIN HERE IN PERSON AGAIN.
UH, COMMISSIONER BID THE NE BENIGNO IN FAVOR.
I'M SORRY, JUST TO CLARIFY, AND I'M SORRY TO INTERRUPT YOU.
THIS IS FOR THE NIGHT THAT THE QUESTION OF THE 90 DAY, THAT IS CORRECT.
SO IT'S DEMOLITION ORDER IN PLACE.
DID THEY HAVE 90 DAYS INSTEAD OF 45 DAYS? YES.
ARE YOU IN FAVOR? NEGATIVE? NOT IN FAVOR.
ARE YOU IN FAVOR? FAVOR? IT WAS A YES.
AND COMMISSIONER CEILING, ARE YOU IN FAVOR? YES.
AND I AM ALSO IN FAVOR, SO THAT'S THE MOTION PASSES EIGHT TO ONE.
UM, SO YOU HAVE 90 DAYS AND IN REALITY YOU HAVE MUCH LONGER THAN THAT AND WE WISH YOU THE BEST EXCUSE.
THANK YOU FOR COMING DOWN TO SEE US TONIGHT.
UM, MS. ELLIE, I BELIEVE WE ARE READY TO MOVE ON TO CASE NUMBER THREE.
AND TO BE CLEAR, WE ARE NOT HEARING CASE NUMBER FOR TONIGHT OR ITEM NUMBER FOUR.
NUMBER FOUR HAS BEEN PULLED FROM THE AGENDA THAT WE WROTE HERE.
ITEM NUMBER THREE, ITEM NUMBER THREE
[02:30:01]
ON THE AGENDA IS CASE NUMBER CL 20 21 1 9 0 8 6 4.SO REGARD I'M SO SORRY TO INTERRUPT AGAIN.
DO WE HAVE SOMEONE IN ATTENDANCE ON THE PHONE BEFORE WE BEGIN? WE, I BELIEVE WE HAVE SOMEONE HERE.
BELINDA, ROSA MUST BE HIDING SOMEWHERE.
DO WE HAVE BELINDA ROSE ONLINE? STAND BY PLEASE.
OKAY, MS. ALI, IF YOU COULD PROCEED ITEM
[3. Case Number: CL 2021-190864 Property address: 2324 Bitter Creek Drive/ Owner: Christian Ministries Magdalene Trust Staff presenter: Juan Villareal Previous Commission Action: Continued from December 8, 2021 meeting Staff recommendation: Repair fire-damaged residential structure]
NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 20 21 1 9 0 8 6 4.AND REGARDING THE PROPERTY LOCATED AT 2324 BITTER CREEK DRIVE, THIS CASE WAS CONTINUED AT THE DECEMBER 8TH, 2021 MEETING WITH A REQUEST THAT THE OWNER RETURN TONIGHT AND PROVIDE THE COMMISSION WITH ADDITIONAL INFORMATION.
STAFF EXHIBITS CAN BE FOUND IN THE BLUE BOOK IN YOUR GOOGLE DRIVE AND GOOGLE BUS, OR EXCUSE ME, GOOGLE DRIVE FOLDER AND READERS.
AS YOU RECALL, THIS CASE IS ABOUT A FIRE DAMAGE, SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN MARCH, 2021, AS, UH, AS THE RESULT OF A FIRE IN THE REAR PORTION OF THE STRUCTURE THAT EXTENDED TO THE WALLS AND ATTIC, THE HOME IS VACANT AND HAS BEEN SECURED.
THERE ARE CURRENTLY NO ACTIVE PERMITS FOR THIS PROPERTY CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
AT THE DECEMBER MEETING, IT WAS REQUESTED THAT THE OWNER PROVIDE ADDITIONAL INFORMATION TO SUPPORT A REQUEST FOR MORE THAN 90 DAYS TO REPAIR OR DEMOLISH THE STRUCTURE AND YOUR GOOGLE DRIVE FOLDER.
YOU WILL FIND AND READERS YOU'LL FIND THE FOLLOWING EXHIBIT ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, THE REQUIRED NOTICES FOR TONIGHT'S HEARING AND POSTINGS AND A COPY OF THE FIRE INCIDENT REPORT AND EXHIBIT FOUR, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THREE OR FOUR F AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
JUAN V IS HERE TONIGHT TO PRESENT THE PHOTOS IN THIS CASE MARKED AS EXHIBITS FOUR, EIGHT THROUGH FOUR F AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR URIEL.
UM, GOOD EVENING COMMISSIONERS.
MY NAME IS, UH, CODE INSPECTOR COLUMBIA I'M WITH THE CITY OF AUSTIN CODE DEPARTMENT.
I'M HERE THIS EVENING TO DISCUSS THE VIOLATIONS, UH, FOUND THAT THE, THE 2324 BITTER CREEK PROPERTY ON MARCH 29TH, 2021 AUSTIN CODE RECEIVED A CON CODE COMPLAINT FROM AUSTIN FIRE REGARDING THE STRUCTURE, UH, REGARDING A STRUCTURE FIRE AT THE PROPERTY, UH, VIA 3, 1, 1, THE REPORT STATED, UH, DAMAGE TO THE REAR BEDROOM ATTIC INTERIOR WALLS, AND, UM, IN, IN EXTERIOR WALLS OF THE STRUCTURE ON APRIL 1ST, 2021, I ATTEMPTED TO INSPECT THE PROPERTY, BUT WAS NOT SUCCESSFUL.
UH, BEFORE LEAVING THE PROPERTY, A BUSINESS CARD WAS LEFT IN HOPES OF A RETURN CALL FROM AN OWNER OR A TENANT OF THE PROPERTY.
LATER THAT DAY, I RECEIVED A CALL FROM JOHN ROLAN WHO IDENTIFIED HIMSELF AS THE OWNER OF THE PROPERTY, UH, REQUESTING INFORMATION FOR THE VISIT.
I BRIEFLY EXPLAINED TO HIM WHO I WAS AND THE REASON FOR MY VISIT THAT EVENING.
UM, MR. ROLAND, AND I AGREED TO MEET ON THE PROPERTY, UH, ON FOUR TWO ON APRIL 2ND, 2021 AT NOON FOR AN INT AND FOR AN INSPECTION OF THE INTERIOR, UH, SECTION OF THE PROPERTY AND DISCUSS, UH, POSSIBLE TIMELINES AND PLANS FOR COMPLIANCE ON APRIL 2ND, 2021, I WAS ALLOWED TO ENTER THE STRUCTURE OF, OF THE PROPERTY BY MR. ROLAND, WHO WAS STILL CLAIMING OWNERSHIP OF THE PROPERTY.
AND UPON ENTERING THE HOUSE, I WAS ABLE TO CONFIRM THE VIOLATIONS, UH, LISTED IN THE COMPLAINT IMMEDIATELY UPON ENTERING THE HOUSE.
I COULD SEE THE INTERIOR WALLS, UH, SUFFERED SUBSTANTIAL FIRE DAMAGE TO THE DRYWALL DOORFRAMES, LEADING INTO THE BED REAR BEDROOMS, THE ATTIC, ELECTRICAL FIXTURES, AND POSSIBLE PLUMBING FIXTURES OF THE MASTER BATHROOM.
UPON MOVING TO THE REAR OF THE HOUSE.
I NOTICED THE DAMAGE TO THE EXTERIOR WALLS HAD BEEN BOARDED UP BY MR. ROLON THE DAY AFTER THE FIRE.
I INFORMED MR. ROLEN OF THE PROCESS ROLE, UH, OF THE PROCESSES AND ROLE, UH, AUSTIN COTE TAKES UPON RECEIVING A COMPLAINT AND ASKED IF, IF HE WAS THE OUTRIGHT OWNER OF THE PROPERTY HE CONFIRMED.
UM, I NOTICED ON THE TREVIS CENTRAL APPRAISAL DISTRICT, A CHRISTIAN MINISTRIES, MAGDALENE TRUST AS HOLDING, UM, OF OWNERSHIP.
I ASKED MR. ROLAND FOR ANY, UH, ADDITIONAL INTERESTED PARTIES, UH, I NEED TO CONTACT, UM, AND HE PROVIDED NONE,
[02:35:01]
UM, ON APRIL 3RD, 2021, A NOTICE OF VIOLATION, UH, WAS SENT OUT TO THE SET TRUST SHOW, UH, SHOWING THE 2324 BITTER CREEK, UH, MAILING ADDRESS, UH, AS A PRIMARY ADDRESS ON APRIL 3RD ON APRIL 3RD.UM, I RECEIVED A CALL FROM MR. ROLAND REQUESTING INFORMATION ON LEGAL AVENUES ON AUGUST 3RD.
UM, I RECEIVED A CALL FROM MR. ROLAND REQUESTING INFORMATION ON LEGAL AVENUES OF CODE, AS HE DOES NOT BELIEVE WE WILL.
HE WOULD MEET THE TIMEFRAME GIVEN.
UM, I EDUCATED MR. ROLON ON THE LEGAL AVENUES CODE HAS AND STATED THAT, UH, BUILDING STANDARDS COMMISSION IS MOST LIKELY AVENUE FOR THIS CASE, MR. ROLAND REQUESTED TO GO TO BSC AND EXPLAIN HIS DIFFICULTIES.
HE WAS EXPERIENCING WITH OBTAINING QUOTES ON AUGUST 5TH, UH, 2021.
I PERFORMED A FOLLOW-UP, UM, AT THE PROPERTY AND SEARCHED THE AMANDA DATABASE, UH, FOR ANY ACTIVE OR PENDING PLAN REVIEWS OR PERMITS, UH, FOR WORK, BUT NO PROGRESS OR UPDATES COULD BE SEEN ON AUGUST 27TH.
UM, I RECEIVED A CALL FROM MRS. BELINDA ROSA, WHO IS A TRUSTEE OF THE PROPERTY REQUESTING AN UPDATE, UH, AN UPDATE OF THE CASE AFTER CONFIRMING HER TITLE.
I UPDATED HER WITH THE CURRENT CASE INFORMATION AND TRY TO EXPLAIN THE BAC PROCESS, BUT WAS CONTINUOUSLY CUT OFF.
UM, MS. ROSA IS CLAIMING TO BE EXEMPT FROM THE PENALTIES, UM, FROM ANY PENALTIES FROM, FROM GOVERNMENTAL AGENCIES VIA SECTION 5 0 8.
UM, I INFORMED HER THAT THE SECTION APPLIES ONLY TO TAX PURPOSES AND THE FIRE DAMAGES FOR FIRE DAMAGE FALLS UNDER, UH, THE BUILDING STANDARDS FOR THE, FOR THE CITY OF AUSTIN.
IT WAS A LENGTHY CONVERSATION PRIMARILY ABOUT, UH, SECTION 5 0 8.
I ASKED MRS. ROSA IF SHE KNEW MR. ROLDAN AND SHE CONFIRMED HIS IDENTITY, THEN I ASKED FOR A VALID MAILING ADDRESS AS T CAT SHOWED THE 2324 BITTER CREEK AS A PRIMARY ADDRESS.
I ASKED HOW OFTEN SHE CHECKED THE MAIL AT THE PROPERTY.
SHE CLAIMED MOSTLY ON A WEEKLY BASIS.
MS. ROSSO HAS, WAS BECOMING, UM, FRUSTRATED, CLAIMING SHE IS A TRUSTEE AND WAS NOT PROPERLY NOTIFIED AFTER EDUCATING MS. ROSA OF OUR NOTIFICATION PROCEDURES.
SHE STILL CLAIMED TO NOT HAVE BEEN NOTIFIED.
I OFFERED MR. ROSA AN OPPORTUNITY TO ATTEND AN IN-PERSON CONVERSATION WITH MY SUPERVISOR, MR. ROLAND AND MYSELF, BUT SHE DID NOT ACCEPT MS. ROSA REQUESTED MY SUPERVISOR'S CONTACT INFORMATION.
I PROVIDED HER WITH SUPERVISOR DIEDRICH KNOX, UM, EMAIL AND WORK.
SO, AND I HAVE NOT HEARD FROM MS. ROSA OR MR. ROLAND SINCE THIS CONVERSATION, SINCE THAT CONVERSATION ON DECEMBER 8TH, 2021, THIS COMMISSION CAME TO AN AGREEMENT WITH THE TRUSTEE, MR. ROSA, AND GRANTED AN EXTENSION FOR THE 23RD OF FEBRUARY TONIGHT'S, UH, DATE, UM, COMMISSION HEARING TO MY KNOWLEDGE AND RECOLLECTION, MS. ROSA HAD TO OBTAIN CERTAIN DOCUMENTS AND QUOTES, PERFORM CERTAIN ACTIONS TO BEGIN THE PROCESS OF REPAIR ON FEBRUARY 9TH, 2020, UH, TWO, I WAS NOT A, I WAS ABLE TO CONDUCT A FOLLOW-UP AT THE PROPERTY AND FOUND THAT LITTLE TO NO SIGNIFICANT PROCESS.
I INVESTIGATED AMANDA DATABASE, UH, FOR ANY PLAN REVIEWS, UH, PERMITS, ELECTRICAL PERMITS, BUT NONE COULD BE FOUND AT THE TIME OF THE FOLLOWUP INSPECTION, NEWLY POSTED DOCUMENTS CITING THE 5 0 8 FEDERAL CODE, UH, WAS POSTED ON THE FRONT DOOR AND, AND, AND IN PARENTHESES, UM, NAMING CERTAIN AUSTIN DEPARTMENTS AS LIARS AND THIEVES.
UM, I WILL NOW BE SHOWING YOU THE PHOTOS OF THAT INSPECTION.
UM, EXHIBIT FOUR A IS A CONTEXTUAL, UH, PHOTOGRAPH OF THE PROPERTY.
UM, NOTE, THOSE ARE, THOSE DOCUMENTS ARE POSTED ON THE FRONT DOOR.
AS YOU CAN SEE THE NEXT PHOTO, UM, EXHIBIT FOUR B WE'LL SHOW YOU THE NOTICES.
THIS IS A FRONT FRONT DOOR OF THAT, OF THAT PROPERTY.
NEXT PHOTO, UH, EXHIBIT FORESEE IS, UH, THE EAST SIDE FACE OF THE PROPERTY.
UM, IF YOU LOOK UP TOWARDS THE CROWN OF THE, OF THE HOUSE, TOP OF THE PICTURE, YOU CAN SEE, UM, UM, UH, NET, UH, MESH NETTING THAT WAS, WAS, UH, NAILED TO THE, TO COVER THAT ENTRANCE, PROBABLY TO PREVENT ANY RODENT INFESTATION NEXT PHOTO.
THIS IS JUST A CLOSE-UP PHOTO OF THE, OF THE, OF THAT MESH NETTING.
THAT THAT WAS, UH, THAT WAS, UH, NAILED UP TO THAT WHOLE NEXT PHOTO EXHIBIT FOUR, HE SHOWS THE WEST SIDE FACE OF THE PROPERTY.
UM, HERE YOU CAN CLEARLY SEE, UM, THERE'S BOARDS WHERE, WHERE THE FIRE WAS, UH, HAD DAMAGED THE EXTERIOR WALLS.
UM, AND AGAIN, UH, ANOTHER HOLE TO THE
[02:40:01]
CROWN OF THE ROOF, UH, TO THE PEAK OF THE ROOF, UM, WHERE MESH NETTING WAS, UH, NAILED DOWN NEXT PHOTO.UH, THIS IS A CLOSE, UH, CLOSE-UP OF THAT, OF THAT, UM, OF THAT ENTRY HOLE, UM, AND JUST SHOWS THAT, THAT THEY DID, UH, COVER, COVER UP THE ENTRY TO PROBABLY TO PREVENT ANY RODENT INFESTATION.
AND, UM, THAT CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINE, BECAUSE FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AT ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR, A THROUGH FOUR F STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND FOUR, A THROUGH FOUR F AND MS. ROSA, ARE YOU WITH US ON THE LINE, JOHN TO SPEAK WITH? HE WANTS TO GIVE ME HIS THREE MINUTES.
YOU, YOU HAVE FIVE MINUTES TO PRESENT YOUR, YOUR, YOUR SIDE.
I WAS TOLD THAT IF I HAD SOMEONE ELSE TO SPEAK THAT I, HE COULD BE, HE COULD GIVE HIS MINUTES TO ME.
IS THAT TRUE OR FALSE? UH, NO, THAT SOUNDS LIKE SOMETHING FOR CITIZEN COMMUNICATION.
UM, BUT YOU KNOW, YOU, YOU HAVE FIVE MINUTES, PLEASE GO AHEAD.
SO FIRST OF ALL, WE WERE NOT TOLD TO PULL PERMITS.
WE WERE GIVEN A 4 0 6 PAPER IN REGARDS TO THE 4 0 6, BECAUSE I ASKED FOR IT AT THE LAST MEETING, WHICH IS RECORDED.
IT IS THE EVIDENCE OF REQUIRED.
IN CERTAIN CASES, I HAVE GIVEN YOU THE FOLLOWING ESTIMATE BY TWO CONTRACTORS, COMPLETE SUPPLY LIST AND COSTS PAUL MILLER WITH THE AUSTIN FIRE AND FLOOD HAS ESTIMATED SIX MONTHS FOR REPAIRS AND A 12 MONTH TIMEFRAME FOR A COMPLETE DO-OVER ON THE PROPERTY.
I'VE CALLED HOME REHABILITATIONS WITH THE CITY OF BOSTON TO OBTAIN A FINANCIAL INSTITUTION LETTER, WHICH IS ALSO REQUIRED.
THERE IS NO ANSWER OR ABILITY TO LEAVE A MESSAGE.
THE PHONE ROSE TO THE THREE ONE I HAVE MADE THE REPORT I HAVE YESTERDAY BACK FROM HOME REHABILITATION.
I'M NOT ABLE TO CALL, APPLY FOR A BANK LOAN AT THIS TIME TO MOVE FORWARD.
I CAN PROVIDE HOME LOAN, FINANCIAL PAPERWORK, AND I CAN GATHER WHAT THEY REQUIRE.
HOWEVER, I AM NOT THE OWNER OF THE PROPERTY.
AS THE TRUSTEE, THERE WILL BE A FORMAL CONVERSATION BETWEEN MYSELF AND A REPRESENTATIVE WITH THE REHAB HOME LOANS ON THOSE DETAILS.
SINCE MARCH 29TH, 2020, ONE OF THE ACCIDENTAL FLYER, I RESTATE THAT NO ONE LIVES OR HAS LIVED AT THAT PROPERTY SINCE IT REMAINS VACANT.
WE WORKED WITH THE CODE COMPLIANCE GRACEFULLY, WHICH IS JOHN IN THE BEGINNING WITHOUT DISTURBING THE ONGOING INVESTIGATION WITH THE INSURANCE COMPANY, JOHN VILLA, MARIA OR JUAN VILLAREAL SAID, HE'D WORKED WITH US TO CLOSE THE CASE.
JOHN HAS NEVER CLAIMED OWNERSHIP.
YOU WILL NEVER FIND ANY MORTGAGE OR TAXES FOR JOHN ON THIS HOUSE.
WE COULD NOT, NO LONGER TRUST ONE FILLORY OUT DURING THIS INVESTIGATION BECAUSE OF THESE REASONS AFTER MYSELF, HAVING TO EXPLAIN TO HIM ON THE TELEPHONE ABOUT THE OWNERSHIP AND THE TRUSTEE DUTY, HE STUTTERED.
HE BEGAN TO DISREGARD THE INFORMATION I WAS GIVING HIM ABOUT OWNERSHIP AND THE TRUST.
HE HAD SOMEBODY IN THE ROOM WHO WAS WHISPERING IN THE BACKGROUND AND COACHING HIM.
I AM NOT, I AM THE ONE WHO HAD TO EXPLAIN TO JUAN BILLARY OUT ABOUT A 5 0 1 STATUS OF THE PROPERTY AND AN ONGOING CASE WITH
[02:45:01]
THE TEST DISTRICT.AND THAT IS CONCERNING THE JURISDICTION OF THIS PROPERTY.
LATER, I FOUND OUT DURING THE FIRST COMMISSION MEETING THAT I HAD PRIOR TO THIS ONE, THAT HE HAS BEEN CONSULTING WITH OTHER GOVERNMENT AGENCIES ABOUT MY COSTS, THIS PROPERTY, AND ABOUT MY SITUATION WITH HIM TO SEEM EDUCATED.
AND TODAY HE HAS CONTINUED ON VIDEO TO COLOR HIS KNOWLEDGE.
THIS IS ALL LINES AFTER A BRIEF PERIOD OF NOT HEARING FROM HIM.
WE, WE CALLED HIM JOHN AND I, AND SUDDENLY HE HAD ASKED IF WE PULLED PERMITS, THERE WAS NO WAY I GREW UP CONGRESS ABOUT THERE WAS NO WAY OF SEEING IT THROUGH IT, WITHOUT THE INSURANCE ADDRESSING THE PROPERTY CLAIM, THE OFFICER BEGAN TO BE STANDOFFISH AND I RE LET HIM INSIDE THE HOME TO MAKE SURE NO ONE WAS LIVING INSIDE IN GOOD FAITH.
HE TOOK PICTURES AND VIDEOS AND LESS PAPERWORK AND TOLD US NOT TO OPEN THE ENVELOPE UNTIL HE HAD COMPLETELY LEFT.
I CALLED HIS CODE COMPLIANCE MANAGERS COMPLAINT INTO INQUIRE ABOUT CHANGING AN OFFER TO A DIFFERENT OFFICER.
THE LADY WHO SPOKE TO ME, UM, REFUSE TO OFFER ANY INFORMATION IF AND HOW THAT COULD BE DONE AND BEGAN TO THREATEN ME ABOUT BEING FINED AND POSSIBLE, UH, AND POSSIBLY FACING COURT.
OUR MAJOR SUPPORT HAS BEEN FAMILY AND FRIENDS WHO HELPED US CLEAN UP TRASH, TAKE DOWN ALL THE SHEET ROCK FROM THE INSIDE AND THE INSTALLATION.
THERE WERE OUTSIDE YOUR PARENTS MADE ON THE CODE COMPLIANCE LIST FOR MINIMAL SAFETY STANDARDS.
THERE HAS BEEN A FULL SENSE ADDED TO THE FRONT AND A MESH AS A BLACKOUT.
ANOTHER ESTIMATE ON THE HOME OR FOR FULL REPAIRS COSTS MORE THAN THE ACTUAL AMOUNT THAT HAS BEEN GIVEN TO US BY THE INSURANCE.
WE ARE CONTINUING TO LOOK FOR CONTRACTORS TO FIND LOWER ESTIMATES AND FOR REPAIRS TO CONTINUE OUR EFFORTS ON THE FIRE DAMAGE.
WE'RE FACING HIGH BIDS DUE TO THE CURRENT INFLATION ON MATERIALS, LACK OF EMPLOYEES AND INABILITY FOR CONTRACTORS TO FULFILL THEIR PROJECTS THAT ARE AHEAD OF US.
WE HAVE SET UP APPOINTMENTS TO MEET WITH CONTRACTORS TO START MAJOR REPAIRS, MS. ROSA, IF YOU COULD, IF YOU COULD WRAP UP YOUR THOUGHTS, PLEASE I'M WRAPPING IT UP.
CURRENTLY, OUR HEALTH HAS COME FROM OUR COUNTY AND PRINCE WITH THE SUPERVISION OF MY FATHER, WHO IS A RETIRED INSPECTOR AND INSPECTED THE MUELLER AIRPORT WHEN IT WAS BUILT RECENTLY.
SO I'VE LISTENED TO EVERYBODY ELSE.
I THINK THIS NEEDS TO BE HEARD RECENTLY AS THE TRUSTEE FOR THE PROPERTY.
IT IS IN THE BEST INTEREST OF MY DUTY NOW TO WORK WITH J EDUARDO PEREZ, E I T CFM, AND THE WATERSHED PROTECTION DEPARTMENT AND THE NATIONAL WEATHER SERVICE RAIN FORECASTS.
HE HAS BEEN KIND ENOUGH TO RESPOND TO OUR CONCERNS IN REGARDS TO THE HALLOWEEN FLOODING OF TERM 31, 20 15 AND OTHER FLOODING DATES.
DISENROLLMENT MS. ROSA, I AM CUTTING YOU OFF.
YOU HAVE EXCEEDED YOUR FIVE MINUTES AND THIS, I DO NOT SEE HOW THIS IS RELEVANT AND I'M ASKING TO ALONE.
I'VE LISTENED TO ALL OF YOUR TALK AND YOU GUYS DON'T WANT TO HEAR THIS.
WELL, YOU GUYS, WE WOULD LIKE TO ASK QUESTIONS OF YOU.
I'M WORKING WITH SANTA RENFRO, YUMMY TO WRITE THIS DOWN AND FRANCIS AKUNO WITH THE GABA COMMUNITY HEALTH.
I'M GOING TO BE WORKING WITH THEM BECAUSE HAVE YOU BEGUN REPAIRS ON THE STRUCTURE WITHOUT PERMITS, OR HAVE YOU PULLED PERMITS FOR THE REPAIRS? WE WERE TAUGHT.
WE WERE TOLD WE DIDN'T HAVE THE FULL REPAIRS, AND YET WE'RE DOING WHAT WE'RE ABLE TO DO ONLY THAT IS INSTRUCTED BY MY FATHER.
OKAY, WELL, WE'LL, YOU SHOULD GET ON THE CITY OF AUSTIN'S WEBSITE.
PERMITS ARE REQUIRED FOR A LOT OF THINGS.
CERTAINLY A LOT OF THE REPAIRS YOU WILL BE GETTING INTO REQUIRE PERMITS.
UM, WE DID, WE DID ASK, HAVE YOU, MS. ROSA, HAVE YOU SUBMITTED AN ESTIMATE TO US? THIS WAS ONE OF THE REQUESTS THAT WE HAD BACK IN, BACK IN DECEMBER WHEN WE DID EXTENDED.
THAT WAS THE SECOND SENTENCE THAT I SAID I HAVE TURNED IN.
AND THAT'S AVAILABLE IN OUR READERS.
WE'RE GOING TO TAKE A LOOK AT THAT.
AND, AND THAT INCLUDED IN THAT AS A CONSTRUCTION SCHEDULE,
[02:50:01]
IS THAT WHAT I HEARD ALSO SUPPLIES AND COST A COMPLETE LIST.SO DO YOU HAVE, UM, IT SOUNDS LIKE YOU WERE EXPERIENCING TROUBLE SECURING THE FUNDING, IS THAT CORRECT? SO YOU PROBABLY DO NOT HAVE A LETTER FROM A BANK REGARDING THE FUNDING.
YOU'VE YOU HAVE A COPY OF THAT.
WE'RE GOING TO TAKE A LOOK AT THIS.
UH, I WILL LET THE COMMISSIONERS ASK ANY OTHER QUESTIONS OF YOU OR THE CODE INSPECTOR AT THIS POINT, COMMISSIONER THOMPSON.
DID YOU HAVE SOMETHING TO SAY? YES.
I KEPT HEARING, YOU MENTIONED THE INSURANCE COMPANY.
HAVE YOU RECEIVED A CHECK FROM AN INSURANCE COMPANY FOR THE D FOR THE DAMAGES? YEAH, THAT WAS THAT'S IN THE PARKS MEETING.
YOU NEED TO REFER TO THAT PUBLIC INFORMATION.
I'M NOT GOING TO BE FORCED TO GIVE THAT OUT NOW.
UH, WELL YOU, UH, IS THERE ANY OF IT LEFT? IS THERE ANY, IF WE'RE TRYING TO DETERMINE IF YOU CAN FIX IT, YOU CAN REPAIR THE HOUSE.
NO, BUT IF IT'S, IF THE CURRENT SITUATION WITH THE SHUTDOWNS, LACK OF EMPLOYEES AND CONTRACTORS TO FULFILL A PROJECT AND EXPENSIVE HIGH BIDS, DO YOU THINK I'M GOING TO HAND OVER? THAT WAS NOT WHAT I ASKED.
SCOTT ASKED IF YOU HAD THE FUNDING TO DO IT, OR IF YOU HAD SPENT THE MONEY FOR THEM TO CHECK, NOT, NOT ACCORDING TO THE ESTIMATES, WE HAVE MONEY TO MAKE REPAIRS.
IF YOU LOOK AT THE ESTIMATES, THEY ARE OVER THE AMOUNT THAT WAS RECEIVED.
WE ARE LOOKING AT THE ESTIMATE RIGHT NOW, STRICT.
YOU'RE LISTENING TO PEOPLE GOING ON 20, 25, 30 MINUTES.
IT'S NOT THE WAY TO WIN FRIENDS.
SO COMMISSIONERS COMMISSIONERS WHO ARE ONLINE, I'M SORRY.
I CANNOT SEE YOU RIGHT NOW TO SEE IF YOU'RE TRYING TO GET MY ATTENTION.
UM, WOULD ANY, DO ANY OF THE COMMISSIONERS ONLINE HAVE QUESTIONS FOR MS. ROSA? YEAH, THIS IS VERY, GO AHEAD, COMMISSIONER GREENLAND.
I BELIEVE THAT IS ONE OF THE REQUESTS WE HAD WAS A FULL BLOWN PROJECT PLAN.
WHEN WE ASKED YOU FOR THE CONTINUOUS CONTINUATION AND WE SEE THAT YOU GOT A LIST OF PELVIS BY THE COST, BUT THERE'S NO PLAN AND WANTED TO SEE HOW THIS .
WELL, YOU KNOW, THERE'S PRICE, GAL CHAIN, AND THERE'S, UH, CONTRACTORS WHO ARE MAKING VERY HIGH BIDS.
AND I'M NOT THE ONLY ONE GOING THROUGH THIS.
I I'VE BEEN LISTENING TO YOUR BASE TO YOUR PEOPLE TALKING, AND EVERYONE'S AWARE OF IT.
WHY AM I BEING SINGLED OUT IN AN ACCIDENTAL? I MEAN, WE WERE IN A TRAP IN A TRUNK, A TRIP IN A TRAGIC, UH, ACCIDENTAL FLYER.
AND IT SEEMS LIKE YOU GUYS ARE PRESSING ME HARDER THAN THESE COMMERCIAL AND, AND OTHER PROPERTIES THAT HAVE BEEN GOING ON FOR MANY YEARS, HAVING MEDICAL ISSUES LAST YEAR, IT'S JUST DISTURBING.
SO, MS. ROSA, FROM WHAT I REMEMBER OF OUR DECEMBER MEETING, YOU HAD SOME FUNDS FROM AN INSURANCE COMPANY.
IT DID NOT APPEAR TO BE MEETING THE CURRENT CONSTRUCTION COSTS.
AND SO WE HAD REQUESTED THAT YOU COME BACK WITH MORE INFORMATION AND IT APPEARS THAT YOU HAVE BROUGHT BACK THE CROW, THE CONSTRUCTION ESTIMATES, WHICH ARE VERY DETAILED.
AND I THINK IN THIS INSTANCE WOULD SUFFICE FOR PLANS, ESPECIALLY ONE OF THESE LISTS, EVERY ROOM, VERY DETAILED.
UM, I HAVE NOT YET VIEWED THE SCHEDULE.
I'M STILL MAKING MY WAY THROUGH IT JUST BECAUSE IT'S DETAILED.
DOESN'T MEAN IT'S RIGHT THERE.
THOSE DAYS ARE GOING UP AND UP.
IT ALSO APPEARS THAT THE LONGER, THE LONGER YOU DELAY, UNFORTUNATELY, THE HIGHER CONSTRUCTION COSTS ARE GOING TO BE IS THE REALITY THAT WE'RE IN RIGHT NOW.
UM, WE, WE REALLY WERE TRYING TO ENCOURAGE YOU TO MAKE THESE REPAIRS JUST AS SOON AS YOU CAN.
WE'RE NOT DELAYING, WE'RE NOT THE ONES DELAY IN IT AND WE'RE NOT DONE.
[02:55:02]
I GET WHAT YOU'RE SAYING.I'VE ALSO BEEN LISTENING TO WHAT'S GOING ON.
SO DO WE HAVE ANY OTHER FURTHER QUESTIONS FROM THE COMMISSION? DO WE HAVE ANY DISCUSSION FROM THE COMMISSION OR WOULD ANYONE LIKE TO MAKE A MOTION? WE HAVE SOME OPTIONS HERE.
OF COURSE WE CAN, UM, ADOPT STAFF'S RECOMMENDED ORDER.
WE COULD MODIFY THE ORDER WE COULD.
I'M WORKING WITH THE CITY OF, I'M SORRY, MS. ROSA, WAIT, I DID NOT ADDRESS YOU.
I AM ADDRESSING THE COMMISSION RIGHT NOW.
IF WE HAVE FURTHER QUESTIONS, WE WILL ASK YOU, THEY HAVE TO LOOK AT MY STRUCTURE.
THERE WAS A CLAIM FILED THAT THEY IGNORED UNIQUE CONTACT THE CITY.
I'VE GIVEN YOU THE NAMES, JANA, RENFRO, UNLESS THERE IS OBJECTION FROM THE COMMISSION.
I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING.
RIGHT? I'M TAKING IT PERSONAL.
I DID HAVE A QUESTION ACTUALLY, AND I'M NOT SURE IF THIS, UH, HAS ALREADY BEEN ASKED AND ANSWERED, BUT, UM, YOU KNOW, I MEAN, IT'S, IT SEEMS LIKE THE ISSUE IS SHE'S GOTTEN THE ESTIMATES, YOU KNOW, THEY'RE WAY TOO HIGH.
SHE GOT A CHECK FROM THE INSURANCE COMPANY.
IT'S, IT'S NOT ENOUGH TO DO THE WORK AT THE RATES THAT ARE BEING QUOTED.
AND I'M, I DON'T KNOW IF SHE'S APPROACHED, UH, THE VARIOUS HOME REPAIR PROGRAMS AT THE CITY.
AND IF SHE'S ABLE TO GET ANY ASSISTANCE FROM THEM, I'M SURE THEY PROBABLY HAVE WAIT-LISTS AS WELL.
BUT I THINK THAT WOULD BE USEFUL TO KNOW.
WE, WE CAN REOPEN THE PUBLIC HEARING TO ASK THAT QUESTION AND ALLOW MS. ROSA AN OPPORTUNITY TO RESPOND MS. ROSA, EITHER.
AND, AND THE FIRST PART OF WHAT I'VE SAID, I'VE CALLED THE HOME REHABILITATIONS WITH THE CITY OF AUSTIN FOR A FINANCIAL INSTITUTION LETTER, WHICH IS ON THE ORAL EVIDENCE OF REQUIRED IN CERTAIN CASES, WHICH I WAS GIVEN.
I WAS NOT TOLD TO POPE POOL PERMITS.
I WASN'T Y'ALL NEED TO LOOK AT THAT FIRST VIDEO.
I HAD TO MAKE A THREE, ONE, ONE REPORT BECAUSE THEIR PHONE ROLLS TO THREE, ONE ELEVEN.
I AM WILLING TO GIVE THEM INFORMATION.
I CANNOT QUALIFY FOR A BANK LOAN.
I'M WILLING TO GIVE THEM INFORMATION AND WORK WITH THEM.
HOWEVER, I'M THE TRUSTEE OF THAT PROPERTY.
I NEED TO HAVE A CONVERSATION WITH A REPRESENTATIVE AT REHAB HOME LOANS, AND THEY DO GIVE FINANCIAL, UH, LETTERS TO, UH, COPE COMPLIANCE IN THIS SITUATION, BUT THEY WILL NOT RETURN CALL.
I THINK I'M ASKING ABOUT SOMETHING DIFFERENT.
UM, I WAS ASKING ABOUT LIKE THE HOME REPAIR PROGRAM, THERE'S A NUMBER OF DIFFERENT AGENCIES THAT ARE ALL IN THE HOME REPAIR COALITION.
THEY GET FUNDS FROM THE CITY TO DO DIFFERENT KINDS OF REPAIR WORK ON, UM, SINGLE FAMILY PROPERTIES, UM, YOU KNOW, MEALS ON WHEELS AS A HOME REPAIR DIVISION.
THERE'S SEVERAL OTHER AGENCIES.
AND I THINK YOU CAN GO DIRECTLY TO THEM TO ASK THEM IS SO IT'S DIFFERENT THAN GETTING A LOAN FOR SOMETHING.
THEY ACTUALLY DO THE WORK, BUT THERE ARE LIMITS ON WHAT THEY CAN DO.
SO I WAS JUST WONDERING IF YOU HAVE CHECKED THAT OUT AS A POSSIBLE WAY TO GET SOME OF THIS DONE AND MAKE UP THAT GAP BETWEEN WHAT YOUR INSURANCE WAS ABLE TO, YOU KNOW, GAVE YOU AND WHAT YOU'RE BEING QUOTED AS, HOW MUCH IT COSTS.
MA'AM, WE'VE BEEN GIVEN THAT INFORMATION.
AND, UM, RIGHT NOW I DON'T UNDERSTAND, UH, WHY, UM, THERE WAS, THERE IS MAJOR SITUATIONS WITH THAT BLOCK THAT I'M FACING BECAUSE OF THIS FLOODING.
I HAVE DECIDED TO WORK WITH THE CITY OF BOSTON.
PEOPLE DON'T KNOW WHO THEY ARE, UM, PERSONALLY, BUT I'VE GIVEN YOU THEIR NAME.
YOU CAN REFER BACK TO THEM OR WHOEVER NEEDS TO, THERE ARE THE, BESIDES BEING LEFT OUT OF THE BUDGET FOR MANY YEARS, THIS SEEMS TO BE THEIR TOPIC.
I'M NOT GOING TO BUILD ON FROM THERE UNTIL I CANNOT BUILD UNTIL THEY ADDRESS THE SINKING OF THE GROUND AND THE SINKING OF THE CONCRETE.
UH, WE'RE GOING TO CLOSE THE PUBLIC HEARING AGAIN.
SO I WOULD ALSO LIKE TO REMIND THE COMMISSION THAT ANY ORDER THAT WE MIGHT MAKE TONIGHT, IF THERE ARE ANY FINES ASSOCIATED WITH IT, IF, AND WHEN THE REPAIRS ARE ACTUALLY MADE, UM, MS. ROSSO
[03:00:01]
AND OR THE HOMEOWNER CAN OFFSET THOSE FINES AGAINST THE COST OF REPAIRS.UM, MISS ALLIE, WHAT ARE YOUR, MICROPHONE'S NOT, OUR PROPERTY IS NOT HOMESTEADED.
THAT ONLY APPLIES TO A HOMESTEADED PROPERTY.
ANY OTHER, I MEAN, SHE SUBMITTED THE INSURANCE DOCUMENT RIGHT THERE HAS THE BREAKDOWN.
WAS THERE ANYTHING ELSE THAT WAS PROVIDED SEEING? SHE SENT ME AN EMAIL SAYING THAT ONE OF THE, ONE OF THE TWO ESTIMATES HAD GIVEN HER IN FOR AUSTIN FIRE AND FLOOD HAD SAID THAT THE TIMEFRAME TO DO THE WORK WOULD BE SIX MONTHS FOR JUST REPAIRS AND 12 MONTHS FOR THE LARGER TYPE OF REBUILDING THE WHOLE.
WELL, WE HAVE NO DOCUMENTATION FROM CONTRACTORS.
UM, YES, THERE ARE TWO ESTIMATES THAT ARE IN YOUR BACKUP.
I COULDN'T FIND IT SHOULD SAY HOME.
IT'S GOING TO BE ONE OF THOSE BOOKS.
UH, THEY'RE BLUE, THE PROPERTY OWNER EXHIBITS FOR BITTER CREEK.
YOU SHOULD HAVE THREE DIFFERENT FOLDERS FOR BITTER GREEK, AND ONE IS PROPERTY OWNER EXHIBITS.
AND THERE ARE TWO ESTIMATES IN THERE.
AND DID WE ADMIT THOSE EXHIBITS? NO, THANK YOU.
I WILL GO AHEAD AND ADMIT THE PROPERTY OWNER EXHIBITS, UM, REDUCE NUMBER TO DOLLARS.
IT JUST ONE AND TWO YOU CHAIR.
I ALSO DID SPEAK TO HER ABOUT THE DIFFERENT, UM, PROVIDERS THAT WERE ATTACHED TO THE BACK OF THE, UH, NOTICE.
AND SHE SAID SHE WAS GOING TO CALL SOME OF THOSE PROVIDERS.
SO THAT MAY BE WHAT SHE WAS REFERRING TO.
I HOPE, I HOPE THAT HOPE THAT SHE DOES, AND I HOPE THAT SHE HAS GOOD LUCK WITH IT, BUT I'M SURE.
COMMISSIONER STILL SAID, UH, AFTER HAVING CLOSED THE PUBLIC HEARING, CAN I STILL BE RECOGNIZED TO ASK QUESTIONS OR THE PROPERTY OWNER OR DO WE HAVE, WOULD WE HAVE TO REOPEN FOR ME TO DO THAT? UM, WE CAN REOPEN IT TO ASK.
TO ASK SPECIFIC QUESTIONS OF THE PROPERTY OWNER.
UM, IT'S JUST IN REGARDS TO GIVING THEM THE OPPORTUNITY TO MAKE CLOSING STATEMENTS OR HAVE WITNESSES.
UM, THAT'S REALLY WHAT THE PUBLIC HEARING IS FOR.
SO YOU DON'T NEED TO REOPEN IT, BUT WE CAN ASK A QUESTION IF WE NEED TO.
WHAT WAS THAT? MAY I BE RECOGNIZED FOR THAT PURPOSE? YES.
CAN YOU HEAR ME WELL? SO WHAT I WANT TO TRY TO CONVEY TO YOU IS THAT WE'RE NOT BULLIES HERE IN THE COMMISSION.
WE'RE NOT, WE'RE NOT TRYING TO MAKE THIS HARDER ON YOU THAN IT ALREADY IS.
WE HAVE SORT OF CONFLICTING OBLIGATIONS BECAUSE ON THE ONE HAND, WE DON'T WANT TO UNDULY BURDEN YOU.
ON THE OTHER HAND, WE HAVE A DUTY TO OUR FELLOW WITH THAT, THAT SIGNIFICANT PROBLEMS WITH PROPERTIES IN OUR COMMUNITY BE ADDRESSED.
AND ONE OF THE THINGS THAT I'M HEARING FROM YOU IS THAT YOU'RE, YOU'RE BETWEEN A ROCK AND A HARD PLACE.
YOU KNOW THAT YOU'VE GOT THIS INSURANCE BENEFIT.
YOU DON'T THINK IT'S SUFFICIENT TO COVER WHAT NEEDS TO BE DONE, AND YOU DON'T SEE A WAY FORWARD.
AND I PERSONALLY CAN SAY THAT I DEEPLY SYMPATHIZE WITH YOU IN THAT POSITION.
AND I THINK THAT ALL OF MY COLLEAGUES, YOU MENTIONED IS THERE THE SAME THING, BUT ONE CHANNEL THAT PRESENTS US WITH IS THAT IN TERMS OF OUR AUTHORITY, THAT MAKES IT UNCLEAR WHAT WE'RE SUPPOSED TO DO, BECAUSE ORDINARILY THE WAY OUT OF THESE SITUATIONS IS SOMEONE IN THEIR POSITION COMES TO US AND SAYS, YOU KNOW, I DO IT IN A MONTH.
I CAN'T DO IT IN THREE MONTHS.
AND IT SOUNDS TO ME AS THOUGH IN YOUR SITUATION, YOU'RE NOT SURE WHEN THIS CAN BE ADDRESSED.
AND SO I GET THE QUESTION WHEN I WANT TO PUT TO YOU.
AND I MEAN THIS IN ALL SINCERITY, I'M NOT, NOT TRYING TO KNOW SORT OF LORD IT OVER YOU HERE, BUT WHAT DO YOU NEED FROM US? WHAT WOULD BE IN YOUR MIND, ADJUST AND FAIR AND APPROPRIATE OUTCOME OF THE, OF THIS HEARING.
DO YOU NEED MORE TIME? TELL US WHAT YOUR GOALS ARE IF YOU WOULDN'T MIND.
IN APOLOGIES, IF YOU, IF ANYONE ON THE BOARD THINKS THIS IS TOWARDS THEM AFTER HEARING CO COMPLIANCE, UM, THIS WHOLE SITUATION BEING BASED ON, ON HIS, I MEAN, IT'S, IF THIS WAS ANYONE ELSE IN MY SHOES, YOU WOULD UNDERSTAND WHY I'M UPSET.
WHEN I SEE LIVE, THIS IS THE THING WE NEVER DID ANYTHING
[03:05:01]
WRONG FROM DAY ONE, WE CANNOT AFFORD, LIKE YOU SAID, WE'RE IN A ROCK AND A HARD PLACE.THE CHECK WASN'T ENOUGH TO, UM, TO COVER THESE ESTIMATES.
I NEVER SAID THAT I CAN'T REPAIR THE PROPERTY.
I SAID THAT, BUT THAT THEY DON'T ALLOW ME.
THEY TALK ABOUT, OKAY, WELL, WHAT'S YOUR PLAN.
I'VE TRIED TO GIVE THEM A PLAN OF WHAT IS GOING ON.
THERE'S MAJOR STRUCTURAL ISSUES.
AND HOW CAN SOMEBODY REPAIRS PUT, LET'S SAY I WANTED TO MAKE A REPAIR AND PUT SHEET ROCK AND PUT REPLACED BOARDS, THINGS LIKE THAT.
HOW AM I GOING TO DO THAT? WHEN THE CITY OF BOSTON IS ASKING TO GO LOOK AT MY PROPERTY TO DETERMINE IF THEY'RE GOING TO HELP, UH, MYSELF AND THE, AND THE NEIGHBORS AROUND WITH THE PROPERTY.
SO I'M ON LIKE, OKAY, HELP ME FIGURE THIS OUT.
I'VE ASKED THE COMMITTEE FOR HOPE.
SO MY PLAN IS I CAN, I CAN GO FORWARD, BUT THEN THEY STOPPED ME SAYING, OH, WELL YOU NEED PERMITS.
I DON'T THINK I NEED PERMITS TO MAKE REPAIRS FROM WHAT I'M LISTENING TO.
NOW, CERTAIN THINGS THERE'S GOING TO BE A TIME WHEN I NEED TO GET A PERMIT, ESPECIALLY WITH THE ELECTRICAL AND THE AC UNITS.
YOU KNOW, I'M LEARNING HERE, BUT I NEED TO HAVE THE RESOURCE.
AND RIGHT NOW, WHEN I HAVE CONTRACTORS WHO ARE GIVING ME HIGH BIDS OR NOT SHOWING UP OR NOT SHOWING UP OR SAYING, WE DON'T HAVE EMPLOYEES AND WE HAVE PROJECTS AHEAD OF YOU AND WE CAN EVEN GET THOSE DONE.
YOU KNOW, WE CAN'T PROMISE EACH MUCH.
ALL I CAN DO AS A TRUSTEE OF THAT PROPERTY IS TO MAKE SURE THAT I CAN SECURE IT, MAKE IT SAFE AND CONTINUE THE CLEANUP PROCESS AND HAVE, UM, SOMEONE RESPONSIBLE.
WHO'S HAD THAT EXPERIENCE WATCHING OVER THEM AND, UM, SHEPHERDING THE PROJECT AND, UH, CONTINUE FORTH WITH ASKING FOR MORE TIME.
THERE'S BEEN TIME ALLOTTED FOR COMMERCIAL PROPERTIES FOR YEARS.
AND, AND THEY CONTINUE TO A LOT MORE TIME.
I HAD AN ACCIDENTAL FIRE WHERE WE BARELY ESCAPED AND WERE, I'M STILL HOMELESS.
AND BECAUSE OF PRICES GOING UP ON RENT AND EVERYTHING ELSE, YOU KNOW, THE CURRENT, UH, ANYTHING THAT COMES INTO THE HOME IS GOING ON, YOU KNOW, STAYING UNDER A ROOF AND HAS HAVE, YOU KNOW, THE CODE COMPLIANCE SAY CERTAIN THINGS THAT I KNOW ARE NOT TRUE.
AND THEN EVERYONE ELSE TO SEE THIS PROPERTY, AS I NEVER CARED, LIKE WHAT'S, IT'S SO HARD.
WHAT IS, WHAT IS YOUR ASK? DO YOU WANT A PLAN? I CAN GIVE YOU A PLAN.
NOW, IF I NEED MORE TIME TO GIVE YOU THAT PLAN, THAT WAY I CAN RIDE IT UP.
WHAT ARE YOU ASKING OF US AS A COMMISSION? NOT WHAT ARE WE ASKING OF YOU, YOU ARE ASKING FOR MORE TIME TO COMPLETE THE REPAIRS TO DO EVERYTHING THAT IS OKAY.
UH, COMMISSION MORE DISCUSSION.
I DO HAVE A QUESTION AS YOUR MICROPHONE ON, OKAY.
UM, IS IT POSSIBLE THAT THERE COULD BE A SEPARATE COMPONENT ON THE SHORTER TIMEFRAME TO SECURE THE PROPERTY PROPERLY SO THAT IT IS SIMILAR TO THE OTHER PROPERTIES THAT WE'VE SEEN THAT ARE BOARDED AND SECURED AND ARE NOT THEN POSING ANY PUBLIC DANGER AND THEN WITH IT SECURED, IT WOULD BE MORE REASONABLE TO HAVE A LONGER TIMEFRAME FOR REPAIR.
UH, I'M, I'M GENUINELY CURIOUS IF THAT IS POSSIBLE.
UM, IT IS POSSIBLE TO BREAK AN ORDER APART LIKE THAT.
TO HAVE SOMETHING THAT'S KIND OF IMMEDIATE LIFE SAFETY, SUCH AS BOARD INSECURE TO BE OUT IN FRONT.
UM, WE ARE STILL VERY RESTRICTED IN GOING BEYOND 90 DAYS WITH AN ORDER IN ORDER TO EXTEND SOMETHING BEYOND 90 DAYS, WE NEED TO HAVE, UM, COST ESTIMATE, SCHEDULE FUNDING IN PLACE, PROOF OF THE FUNDING IN PLACE AND PLANS.
AND WITH THE EXHIBITS THAT THE OWNER OR THE TRUSTEE HAS SUBMITTED, THAT'S REALLY UP TO THE COMMISSION TO DECIDE IF THAT MEETS THAT CRITERIA TO EXTEND THE ORDER BEYOND 90 DAYS, SUCH AS A REPAIR ORDER.
UM, I DON'T KNOW, UH, INSPECTOR VILLI RAIL WHO WAS SECURING THE PROPERTY.
IS THAT A CONCERN? UH, NO, IT'S NOT.
UH, MR. ROLAND IS, DID HIS JOB THE DAY, THE INITIAL INSPECTION.
HE, HE, UH, WALKED ME THROUGH THE PROPERTY.
[03:10:01]
SECURED, UH, DUE TO MR. JOHN ROLAND BEING SORT OF LIKE EYES AND EARS ON TO THE PROPERTY.DOES THAT ANSWER YOUR QUESTION? GOOD.
I GET YOU? I'M SORRY FOR SURE.
WHAT IS YOUR MICROPHONE? IT IS NOW.
UM, WHAT DOCUMENTS HAVE YOU BEEN, SEE, WHAT DOCUMENTATION HAVE YOU SEEN THAT MAKES YOU THINK YOU'RE DEALING WITH A PERSON OF AUTHORITY OVER THE, UM, UNDER THE TRAVIS COUNTY, TRAVIS CENTRAL APPRAISAL DISTRICT.
UM, SHE IS LISTED AS, AS THE, IN THE DEEDS, UH, AS A TRUSTEE, DON'T DISMISS IT ALSO.
I HAD, UM, BESIDES THE MEETING HERE FROM THE FIRST COMMISSION, THAT WAS THE FIRST TIME I'VE MET WITH HER.
UM, THAT WAS, UH, SINCE OUR CONVERSATION ON THE PHONE, UM, REGARDING THE FIVE OH EIGHT, THAT WAS THE LAST TIME WE SPOKE.
I UNDERSTAND FURTHER DISCUSSION FROM THE COMMISSION.
MS. ROSA, MS. ROSA, HAVE YOU GONE BACK TO THE INSURANCE COMPANY WITH THE ADDITIONAL ESTIMATES TO SAY THIS, WHAT YOU'VE PROVIDED FOR US IS NOT ENOUGH TO MAKE THIS HAPPEN? MY EXPERIENCE HAS BEEN THAT INSURANCE COMPANIES WILL TAKE ANOTHER LOOK AT THAT.
I THINK THERE'S A LAG IN THE PHONE.
I DON'T KNOW IF IT'S A LACK, BUT I KEEP GETTING IT, HEARING A BUTTON.
MY QUESTION IS, DID YOU APPROACH THE INSURANCE COMPANY AGAIN AFTER YOU HAD YOUR ESTIMATES TO SAY THAT THEY'RE NOT SUFFICIENT TO RESTORE THE PROPERTY TO THE HABITABLE CONDITION? WELL, SORRY, SET THAT WE HIT THE LIMIT.
THEY SAID THAT WE HIT THE LIMIT.
AND THE PROPERTY IS SECURED WITH A FULL GATE ALL THE WAY AROUND THE PROPERTY.
I WANTED TO HAVE YOU CONSIDERED BRINGING ANY OUTSIDE INVESTORS IN THAT COULD, UH, UH, MAYBE HELP YOU GET THE WORK DONE? UM, IT MIGHT BE A LIEN AGAINST THE HOUSE FOR A BIT, BUT, UH, WORKING THAT ANGLE WHERE, UH, UM, YOU KNOW, THE REAL ESTATE MARKET HERE IS PRETTY HOT TO GETTING SOME MONEY THAT, UH, WAS GETTING REPAIRED.
AND THEN HAVING IT SAID SOME TYPE OF RENTAL OR, UM, PAY OFF WITH THE INCREASING YOUR MORTGAGE.
WELL, WE, UM, LET ME TELL YOU, SINCE THE INSURANCE SAID THAT WE WERE UNDER INSURED TO BEGIN WITH, UM, WE DID, I BELIEVE ME THAT DID CROSS MY MIND, BUT DUE TO MY DUTIES AS A TRUSTEE, THAT'S NOT AN OPTION I HAVE, UH, I'M NOT IN THE BEST INTEREST OF THE BENEFICIARIES OF THAT PROPERTY.
WELL, I MEAN, IF, IF THEY CAN'T GET IT FIXED, THEY WOULD JUST THROW OUT A TIME WITHIN A YEAR.
WELL, I NEVER SAID WE COULD NOT GET IT FIXED.
I'M SAYING ACTUALLY DEALING WITH CODE COMPLIANCE HAS DELAYED ME FOR GETTING IT, FIXED, DEALING WITH ISSUES THAT TAKE ME AWAY FROM MY DAILY SITUATIONS.
I'M ALSO A HOMESCHOOL MOTHER, SO.
MS. ROSA, ARE YOU VEERING OFF TRACK AGAIN? WE'D REALLY LIKE TO COME UP WITH OKAY.
I JUST, YOU KNOW, THERE'S THAT QUESTION WHEN, WHERE, HOW, I MEAN UNDERSTOOD, PROVIDED CONTRACTORS, CONTRACTORS ARE NOT MAKING IT EASY.
WE'RE GOING TO DISCUSS THIS AND HOPEFULLY HAVE EMOTION.
UH, I MOVED TO CLOSE THE HEARING AND ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT
[03:15:01]
AND CONCLUSIONS AND RECOMMENDED ORDER, EXCEPT THAT I WOULD BE OPEN TO EXTENDING THE TIME.OH, SO STAFF'S RECOMMENDED TIMEFRAME IS 45 DAYS.
YOU WANT TO EXTEND THE EXTENDED TO 60 DAYS.
YOU CAN DO WHATEVER YOU WANT AND THE MOTION.
I I'D BE IN FAVOR OF EXTENDING AS LONG AS POSSIBLE WITH THE BUILDING, NOT BEING A CURRENT URGENT PUBLIC SAFETY ISSUE.
I STRUGGLED TO SEE THE, UH, NECESSITY OF, OF CREATING A VERY, AN ALREADY URGENT TIMELINE.
UM, MORE URGENT, UH, GIVEN THE FINANCIAL SITUATION OF THE INDIVIDUAL.
AND, UH, IT, IT APPEARS, UM, TO PUBLIC ISSUES ADDRESSED AND, YOU KNOW, OUR OBLIGATION IS TO THAT'S THE PRIORITY.
AND AFTER THAT, I WOULD THINK I'M VERY SYMPATHETIC TO THIS BEING A ROCK AND A HARD PLACE SITUATION.
DO YOU WANNA FINISH YOUR MOTION OR TAKE YOUR MOTION? FINISHED? MIND MOTION WAS FINISHED AT 60 DAYS, 60 DAYS, BUT I'M OPEN TO ANOTHER SUGGESTION.
THAT SOUNDS WELL, YOU'VE GOT ONE ALREADY.
SOUNDS LIKE WE DON'T HAVE A SECOND ON THE MOTION SO WE CAN TAKE ALTERNATE SUGGESTIONS.
WE CAN SECOND IT, AS LONG AS IT DOESN'T TAKE MORE THAN SEVEN MINUTES TO DIE, I'LL MAKE A MOTION TO ACCEPT THE, UH, FINDINGS OF FACTS AND STATS AND INCREASE THE TIME.
THE 90 DAYS, I WOULD BE AGREEING WITH THEM WITH THAT AS WELL.
IS THAT IN A SECOND ON THAT SECOND? OKAY.
I'LL THROW ANOTHER OPTION OUT THERE TOO.
SO THE STAFF'S RECOMMENDED ORDER ASSESSES CIVIL PENALTIES OF $250 PER WEEK.
THAT'S ANOTHER THING WE COULD ADJUST.
I MOVED TO CHANGE THAT TO PER MONTH.
WOULD THAT BE, I GUESS THAT'D BE A FRIENDLY AMENDMENT TO YOUR MOTION.
AND IT'S A COMMISSIONER GREEN'S MOTION.
AND WHO SECONDED? IT WAS IT COMMISSIONED EXCEPT THAT AS WELL.
SO IS EVERYONE CLEAR ON THIS? SO, SO THE MOST 250 A MONTH, THAT IS CORRECT.
ONE LAST COMMENT IS I, THIS IS A UNIQUE TIME IN REAL ESTATE AND ALL THAT, BUT THIS NEEDS TO GET MOVED ON THE, THE NEIGHBORHOOD AS IT, UH, ALSO HAS A CONSIDERATION HERE DOWN THE ROAD.
SO STRONGLY RECOMMEND, UH, UM, UH, THAT THE, UH, THE OWNER AND THEIR REPRESENTATIVE COME UP WITH A CONCRETE PLAN ON PENCIL AND PAPER AGAIN, AND START QUALITY, UH, THE PORT ORGANIZATION.
BECAUSE IF YOU WAIT, UM, A MONTH, YOU'RE GOING TO RUN OUT OF TIME AND THEN THERE MAY BE NO OPTIONS AFTER THAT.
UH, I WILL GO AHEAD AND CALL THE QUESTION.
SO IF THE 90 DAYS TRANSPIRES THE FEES KICK IN THE PENALTIES, THERE'S NO OTHER TRIP TO THIS PERSON JUST SAYS, OKAY, I'M NOT, I'LL GET IT DONE.
WHEN I GET IT DONE AT 150 A MONTH, I CAN JUST LET THIS RUN ON.
THERE'S NO SECONDARY TRIP TO PUSH THE FINES, THE ORDER, AND THE FINES GO WITH THE PROPERTY.
SO THERE WOULD BE A PLACED ON THE PROPERTY SO THAT IF THE PROPERTY EVER CHANGES HANDS, THEN AT THAT POINT, THE FINES GET PAID TO THE CITY IS THAT WE DON'T HAVE LIENS ON, ON PENALTIES.
UM, AFTER, SO THIS ORDER IS FOR 90 DAYS.
SO AFTER THE 90TH DAY, IF THE HOMEOWNER HASN'T REPAIRED THE PROPERTY THAN, UM, $250 A MONTH WOULD KICK, WOULD START, PENALTIES WOULD BEGIN AND CONTINUE TO ACCRUE UNTIL THE REPAIRS WERE MADE.
BUT THEN THERE'S NO IMPOTENCE FOR THE REPAIRS OTHER THAN $150.
I THINK IT WAS CHANGED WITH ONE 50.
SO TWO 50 A MONTH AFTER IF AFTER A CERTAIN AMOUNT OF TIME, THEN IT COULD BE ESCALATED TO CITY LAW OR, YOU KNOW, THEY FIRST FINANCE WOULD, UM, WE WOULD SEND A FAILURE TO COMPLY LETTER AND THEN THEY WOULD SEND SOME STATEMENTS AND THEN IT COULD EVENTUALLY BE ESCALATED TO CITY LAW POSSIBLY.
CAUSE MY ONLY CONCERN IS THAT THERE'S NO TRIP TO, TO PULL
[03:20:01]
THE TRIGGER AND TRY AND GET THE GUN.SOMEONE ALLUDED TO, WELL, THE NEIGHBORS WHO HAD IS NOW HAS AN ISSUE OF, YOU KNOW, HOUSE THAT'S BOARDED UP AND ALL THAT GOES ALONG WITH THAT.
DOES THAT BACK TO THE COMMISSION AT SOME POINT AS WELL.
AS LONG AS THAT AT THE BOARDING COMES DOWN, IT BECOMES A HEALTH AND SAFETY ISSUE.
THEN IT CAN BE BROUGHT BACK FOR DEMOLITION AT SOME POINT IF IT WAS WARRANTED.
UH, I WILL GO AHEAD AND CALL THE QUESTION AND I WILL BEGIN WITH THOSE OF US HERE IN PERSON.
UM, COMMISSIONER BENIGNO IN FAVOR.
UH, COMMISSIONER, YOU GUYS HAVE MOVED AROUND COMMISSIONER FERERA UM, AND FAVOR.
ARE YOU IN FAVOR AND COMMISSIONER MILLER? ARE YOU IN FAVOR? YES.
AND I AM ALSO IN FAVOR CHAIR FRYBERGER OKAY.
SO THE ORDER HAS BEEN MODIFIED, UM, FOR ALL REPAIRS TO BE COMPLETED WITHIN 90 DAYS AFTER ON THE 91ST DAY, UM, FINES WILL BEGIN TO ACCRUE AT $250 A MONTH.
UH, WE DO REALLY ENCOURAGE YOU TO GET AFTER THIS PLEASE, MS. ROSA, UH, WE WISH YOU THE BEST OF LUCK AND WE HOPE THAT YOU ARE ABLE TO, UM, FIND SOME HELP IN COVERING THAT GAP BETWEEN YOUR INSURANCE MONEY AND THE CONSTRUCTION ESTIMATES.
WE ARE, UH, AT 9 59, WE CAN EITHER WRAP UP ITEM NUMBER FIVE AND FUTURE AGENDA ITEMS, OR WE COULD POSSIBLY MOVE TO EXTEND THE MEETING FOR ANOTHER FIVE MINUTES.
WHAT DOES THE COMMISSION WANT TO DO? WE, WE ENDED AT 10 UNLESS WE EXTENDED AND WE ARE NOT QUITE THROUGH THE AGENDA.
IT LOOKS LIKE EVERYONE EXCEPT FOR MAYBE COMMISSIONER GREEN.
[5. Discussion regarding modification of Building and Standards Commission orders Presenter: Lauren Khoury, Law Department]
NUMBER FIVE IS AS HUMANS.UM, SO COMMISSIONERS, UH, I WILL KEEP THIS VERY BRIEF, UM, AT THE HEARING OR AT THE RETREAT.
UM, A FEW WEEKS AGO WE DISCUSSED, UM, SETTING UP SOME KIND OF STANDARDS FOR WHEN CASES COME BACK AND YOU'RE CONSIDERING MODIFICATION, UM, OF AN ORDER.
AND, UM, JUST TO KEEP THIS AS BRIEF AS POSSIBLE, UM, I'LL SAY THAT WHAT WE REALLY NEED TO DO GOING FORWARD IS HAVE, UM, HAVE INPUT FROM YOU ALL ON WHAT YOU WANT, UM, REQUESTS FOR YOUR CONSIDERATION OF A CASE CAN COME FROM THE PROPERTY OWNER, CITY STAFF, UM, OR, UH, FELLOW COMMISSIONER.
AND SO WE NEED TO KNOW, UM, WE NEED TO DETERMINE WHEN YOU WANT TO CONSIDER CASES FROM EACH OF THOSE SOURCES.
UM, SO WE'LL SET SPECIFIC PARAMETERS AROUND EACH OF THOSE SOURCES, UM, SUCH AS THE CONDITIONS OF THE PROPERTY OR THE CHAIR.
UM, SO FOR EXAMPLE, UM, SETTING OUT A CLEAR STANDARD, UM, THAT STAFF CAN FOLLOW WHEN THEY'RE SELECTING CASES FOR THE AGENDA, WHEN THEY RECEIVE A REQUEST, UM, TO, FROM A PROPERTY OWNER TO BRING A CASE BACK TO THE COMMISSION OR ESTABLISH CRITERIA, UM, FOR THE CODE DEPARTMENT TO INDEPENDENTLY BRING, UM, CASES BACK TO THE COMMISSION WITHOUT A PROPERTY OWNER REQUEST OR THE COMMISSION.
SO THOSE ARE THINGS THAT WE REALLY NEED YOU ALL TO CONSIDER.
UM, WELL, ASPECTS OF CASES HAVE, UH, BEEN COMING UP RECENTLY THAT YOU'RE CONCERNED WITH, IF THAT MAKES SENSE.
UM, AND AT THE NEXT HEARING, I WILL TRY TO MAYBE GIVE YOU SOME, UH, SUGGESTIONS TO PROMPT THAT, UM, AS WELL AS CONSIDERING, UM, WHEN YOU'RE MODIFYING OR ASSESSING CIVIL PENALTIES AS WELL.
SO THINK ABOUT WHAT YOU WANT, UM, TO CONSIDER FOR THOSE THINGS.
AND WE CAN TALK ABOUT IT MORE IN MORE DETAIL, THE NEXT HEARING.
AND IF YOU'RE INTERESTED IN CREATING A WORKING GROUP TO DISCUSS GROUP TO DISCUSS THIS, UM, AS A SMALLER GROUP INDEPENDENTLY IN MORE DETAIL, WE COULD PUT THAT AS A FUTURE AGENDA ITEM FOR THE NEXT YEAR.
WELL, I THINK ONE OF THE THINGS WE TALKED ABOUT WAS MAYBE WHAT WERE SOME EXAMPLES OTHER CITIES MIGHT DO TO
[03:25:01]
AT LEAST BEGIN TO BUILD A FRAMEWORK, RIGHT? SO NOW WE'RE NOT REINVENTING THE WHEEL THAT I DON'T KNOW IF THAT'S A POSSIBILITY.SO, SO REALLY THE STARTING POINT IS THAT YOU ALL UNDERSTAND THOSE ARE YOUR SOURCES FOR AMENDING OR MODIFYING.
THOSE ARE YOUR SOURCES FOR WHEN CASES COME BACK TO THE COMMISSION.
UM, AND I CAN GO THROUGH IN MUCH MORE DETAIL AT THE NEXT HEARING.
UM, BUT REALLY I'M JUST POSING TO YOU.
IF YOU WANT TO DO A WORKING GROUP, YOU'RE WELCOME TO, IF YOU WANT TO JUST RESTRICT THE CONVERSATION TO THIS KIND OF END OF HEARING MOMENTS, WE CAN DO THAT AS WELL.
UM, THAT'S WHAT I'M AVAILABLE FOR.
I THINK IT HAD HER, I CAN'T SPEAK FOR EVERYONE, BUT I'M PRETTY FRIED RIGHT NOW.
I CAN'T EVEN CONTEMPLATE THIS.
AND, UM, I, MY FEAR IS THAT THE NEXT MEETING THAT MIGHT BE IN THE SAME BOAT.
UM, SO, BUT I WOULD LIKE TO DEFINITELY THINK ABOUT THIS SOME MORE.
IT'S DEFINITELY WORTH A DEEPER DISCUSSION AND POSSIBLE ACTION.
AND, UM, I'D SAY LET'S DISCUSS IT FURTHER NEXT MEETING.
JUST ONE OTHER QUICK THOUGHT AGAIN, IF WE, I THINK WHAT WOULD HELP ME IS IF I LOOKED AT SOME OTHER EXAMPLE AND WENT, OKAY, THIS IS DOABLE IN THESE LITTLE SNIPPETS, AS OPPOSED TO, I GET A DOCUMENT LIKE THIS AND THINK, OKAY, THAT'S GOING TO TAKE A WHOLE LOT MORE BANDWIDTH, RIGHT.
TO BOIL THROUGH SOMETHING THAT'S DOES THAT MAKE SENSE? I, I, SO AGAIN, YOU KNOW, NOT EVEN SURE HOW TO KICK IT OFF, CAUSE I'M NOT SURE WHAT WE'RE ASKING IN TERMS OF THE MAGNITUDE OF THAT.
SO, UM, I'M ABSOLUTELY WILLING TO KIND OF DIVE INTO OTHER CITIES AND WHAT THEY DO.
UM, THE INITIAL PROBLEM IS THAT NONE OF THEM POST THEIR RULES OR REGULATIONS PUBLICLY.
AND SO WE'RE, WE'RE CONTACTING OTHER CITIES TRYING TO GET THIS FOR YOU.
UM, BUT, UH, IF, IF THAT'S NOT AN OPTION OR THOSE DON'T SEEM VIABLE, UM, WOULD IT BE PREFERABLE TO HAVE US KIND OF COME TO YOU WITH A SUGGESTION AND THEN YOU KIND OF AMEND FROM THERE? I WOULD SAY THAT'S ALWAYS HELPFUL WORKS FOR ME.
EDGAR, DID YOU HAVE SOMETHING YOU WANTED TO ADD TO THIS? I THINK THIS IS THAT THE WORKING GROUP OR TASK FORCE IS PROBABLY IN MY OPINION, A GOOD OPTION FOR THIS ISSUE, BECAUSE I CAN SEE THAT THERE'S GOING TO BE BACK AND FORTH AND QUESTIONS.
AND WE MAY REQUEST OF THE CITY TO GO TO OTHER CITIES AND OBTAIN INFORMATION WE WANT TO LOOK AT.
AND I THINK DOING THAT IN A, IN A, IN OUR REGULARLY SCHEDULED MEETING WITH ALL THE JUST BECOMES, UM, UNWORKABLE.
SO I JUST WANT TO HAVE TO KIND OF PUT THAT OUT THERE AND YOU KNOW, I'D BE WILLING TO BE ON THAT TASKFORCE.
I'M SURE OTHERS WOULDN'T WELL, I'M NOT SURE WHAT SIZE THEY WOULD HAVE TO BE, SO WE DON'T, WE CAN AVOID QUORUM RULES, BUT YEAH, LET'S, LET'S, LET'S TAKE THIS UP FOR DISCUSSION AND POSSIBLE ACTION THAT POSSIBLE ACTION, MEANING POSSIBLY FORMING A WORKING GROUP AT THE NEXT MEETING, WHICH ROLLS US RIGHT INTO FUTURE AGENDA ITEMS. AND THANK YOU, LAUREN.
AND CAN WE DISCUSS THIS FIRST, BEFORE WE CONSIDER THE OTHER CASES THAT ARE ON THE AGENDA AND THE PROS TO HAPPINESS? THAT'S THE LAST ITEM TO DISCUSS IT'S UP TO YOU POSSIBLY.
UH, LET ME, LET ME THINK ABOUT THAT ONE BEFORE THE NEXT AGENDA.
I AGREED 10:00 PM IS NOT THE BEST TIME TO BE THINKING ABOUT IT AND IT DESERVES MORE THAN THAT.
[FUTURE AGENDA ITEMS]
FOR FUTURE AGENDA ITEM SIX, A HUNDRED BARWOOD IS COMING BACK NEXT MONTH.AND YOU ASKED FOR IT TO COME BACK INTO CHANCE.
AND THEN DISCUSS THIS WORKING GROUP REGARDING AN AMENDMENT OF, OR A MODIFICATION OF ORDERS.
I DON'T THINK WE HAVE ANYTHING ELSE.
APRIL WOULD HAVE, UM, ELECTION OF OFFICERS AND WE HAVE ANOTHER PDC TOUR ON FRIDAY, MARCH 4TH.
ANYONE WHO IS NOT TOWARD THE PDC, WHO STILL WOULD LIKE TO PLEASE REACH OUT TO MELANIE? YEAH, WE CAN HAVE, I HAVE ONE MORE PERSON ON THE TOUR.
IF THERE'S NOTHING ELSE, I WILL ADJOURN THIS MEETING AND LET THE RECORD REFLECT THE TIME IS ACTUALLY IT'S 10 0 6.