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[00:00:10]

HELLO EVERYONE.

ALRIGHT.

I'D LIKE TO CALL THE BUILDING AND STANDARD

[CALL TO ORDER]

COMMISSION MEETING TO ORDER FOR AUGUST 24TH, 2020 TO, UH, LET THE RECORD REFLECT THAT THE TIME IS 6:44 PM.

MY NAME IS .

I'M THE CHAIR OF THE BUILDING STANDARDS COMMISSION.

AT THIS TIME, I'LL CALL A ROLE AND ASK FOR THE COMMISSIONERS THAT ARE PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE AND A QUICK REMINDER TO THE COMMISSIONER'S REMOTING IN, UH, PLEASE TURN YOUR CAMERA ON AND KEEP IT ON.

UM, SO AS DEMENTED IN COURTROOM, ALL RIGHT, LET'S SEE.

OKAY.

UM, I THINK WE HAVE A COUPLE OF COMMISSIONERS THAT ARE STILL ON THEIR WAY, BUT ALL RIGHT, I'LL START WITH COMMISSIONER THOMPSON.

OH, THIS IS NOT NEW.

IS IT? CALL ME SHANDA GREEN.

MICHELLE FRYBERGER PRESENT COMMISSION IS STILL SAD.

COMMISSIONER MEALER PRESIDENT.

THANK YOU.

VIRTUALLY AND COMMISSIONER SILLY PRESENT COMMISSIONER FRANCIS PRESENT.

THANK YOU.

AND COMMISSIONER BENIGNO.

PRESENT COMMISSIONER.

OKAY.

I THINK MR. FERRARA WILL VICE-CHAIR WILL BE HERE SOON, HOPEFULLY.

OH, THANK YOU.

COMMISSIONER GREEN.

WELCOME.

THANK YOU.

ALL RIGHT.

UM, WE DO HAVE A QUORUM, SO I'LL GO AHEAD.

AND IF ANYBODY ELSE SHOWS UP DURING THE MEETING, THEN WE'LL CERTAINLY ACKNOWLEDGE THE COMMISSIONER BEFORE THE CASES ARE CALLED.

THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION

[PUBLIC COMMUNICATION: GENERAL ]

ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.

AND EACH SPEAKER WILL BE ALLOTTED, UH, THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.

TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FOUR OF THE SIX CASES THAT ARE ON THE AGENDA.

THE COMMISSION WILL CONSIDER FOUR CASES FROM FOUR 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'S APPROPRIATE.

ALL ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, THE COMMISSIONS, UH, COORDINATOR, MELANIE, ALLIE, HELLO, WE'LL CALL EACH CASE ON THE AGENDA.

FOLLOWED BY TESTIMONY.

AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS.

WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT OR STAND AT THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, UM, MAKE SURE TO UNMUTE YOUR MIC, YOUR PHONE, UH, THE CITY WILL PRESENT ITS EVIDENCE FIRST AND ITS WITNESSES.

YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.

UM, ANY 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'LL 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.

WE'LL ADD DESIGNATED TIMEKEEPER FOR THIS EVENING.

PLEASE INTRODUCE YOURSELF, JAMES.

OKAY, THANK YOU.

UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK THE QUESTIONS.

I'LL ALLOW OTHER

[00:05:01]

INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.

AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED.

THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING ON LESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS, UM, AS PROVIDED BY THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED.

UM, AND ARE THERE ANY WITNESSES TONIGHT ON ANY OF THESE CASES, IF YOU ARE HERE, WOULD LIKE TO SWEAR YOU IN, PLEASE RAISE YOUR RIGHT HAND.

OKAY.

OKAY.

ALL RIGHT.

THANK YOU.

UM, DO EACH OF YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU'LL BE PROVIDING THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

ALL RIGHT.

THANK YOU.

IF THERE'S NOTHING FURTHER, WE'LL PROCEED, UH, TO CONSIDER THE AGENDA ITEMS. LET'S SEE THE AGENDA ITEMS. CAN WE APPROVE THE MINUTES

[APPROVAL OF MINUTES]

FOR THE JUNE? WE HAVE MINUTES FROM THE JUNE 22ND, 2022 REGULAR MEETING IN THE JULY 27TH, 2022 REGULAR MEETINGS AND COPIES OF THE DRAFT MEETING MINUTES ARE IN THE GOOGLE DRIVE FOLDER READERS.

SHOULD YOU NEED TO REVIEW THOSE? UM, THANK YOU.

UM, HAS EVERYBODY HAD A CHANCE TO REVIEW THOSE MINUTES CHAIR? I WAS UNABLE TO FIND THE JULY THE SECOND ONE.

YEAH, THEY'RE IN THE UNDER THE SAME TAB.

JUST SCROLL.

IT SHOULD HAVE BOTH SETS.

THERE'S A SCROLL.

JUST SCROLL THROUGH THAT.

IF YOU OPEN UP THAT, UM, THE MINUTES, IT SHOULD HAVE TWO SETS IN THERE.

UM, NOPE.

THEY ONLY SHOW YOU HOLD ON THE JUNE THOUGHT THERE WERE BOTH BEHIND THAT SAME.

GIVE ME ONE SECOND.

WE CAN PUT THEM UP ON THE SCREEN IF YOU WANT.

OKAY.

HOW DID WE GET BACK TO THAT PAGE? SO YOU'RE ONLY SEEING THE MINUTES FROM JULY AND NOT JUNE.

THERE SHOULD BE A COVER AND THERE, BEHIND THE COVER THAT SAYS MINUTES.

OH, I ONLY SEE AND I DON'T SEE JULY.

OKAY.

OKAY.

LET ME, WOULD YOU LIKE TO MOVE ON TO THE NEXT, START WITH THE FIRST ITEM AND I CAN GO BACK, REVISIT THIS IN A MINUTE.

I'LL GET THE COPY.

YES.

WE CAN PROBABLY DO THE APPROVAL TO WHAT'S THE END OF THE MEETING.

YES.

AND THAT WAY I CAN GIVE THAT TO, OKAY.

THAT SOUNDS GOOD.

OKAY.

SO I FOUND THAT EVENTUALLY AND BEFORE WE MOVE ON, JR.

ALSO LIKE TO LET EVERYONE KNOW THAT TWO OF THE ITEMS ON THE AGENDA WILL NOT BE HEARD TONIGHT.

UM, ITEM NUMBER THREE, WHICH IS AN APPEAL REGARDING 6,700 RIPPLE RUN AND ITEM NUMBER FIVE REGARDING 76, 11 OLD BKS ROAD HAVE BOTH BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD THIS EVENING.

ALL RIGHT.

THANK YOU.

WHENEVER YOU'RE READY.

YOU MAY PROCEED WITH THE FIRST CASE CAUSE WE DON'T HAVE ANY PUBLIC COMMUNICATION.

OKAY.

ITEM NUMBER TWO.

AND THE FIRST

[2. Case Number: CL 2022-117834]

CASE ON THE AGENDA IS AN APPEAL REGARDING 1901 RIO GRANDE STREET.

THE CASE NUMBER IS C L 20 22 1 1 7 8 3 4.

THE CASE CAN BE FOUND IN THE PERRY WINKLE BLUE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.

THIS CASE IS REGARDING A COMMERCIAL PROPERTY, WHICH WAS CITED BY THE AUSTIN CODE DEPARTMENT FOR STRUCTURAL MAINTENANCE, REGARDING A SIDEWALK ADJACENT TO THE BUILDING.

THE OWNER APPEALED THE NOTICE OF VIOLATION WITH THE NOTICE OF VIOLATION, WHICH IS WHY WE ARE HERE TONIGHT.

AND YOUR READERS.

YOU'LL FIND STAFF EXHIBITS ONE AND TWO EIGHT THROUGH TO Q EXHIBIT ONE CONTAINS THE APPEAL LETTER AND ENGINEER'S REPORT THE NOTICE OF VIOLATION, THE COMPLAINT IN CASE HISTORY, THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP AND,

[00:10:01]

AND NOTICE OF APPEAL HEARING AS WELL AS THE REQUIRED POSTINGS.

EXHIBIT TWO, WHICH CONSISTS OF STAFF'S PHOTOGRAPHS AND DIAGRAMS MARKED AS TWO, A THROUGH TWO Q AND LASTLY, CODE'S RECOMMENDATION REGARDING THIS APPEAL.

AUSTIN CODE INSPECTOR EDMUND SUE IS HERE TONIGHT TO TESTIFY TO THE SPECIFICS THAT LED UP TO THE ISSUANCE OF THE NOTICE OF VIOLATION INSPECTOR SUE, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS EDMUND SU WHAT ELSE? THEN CODE DEPARTMENT, DOWNTOWN DISTRICT INVESTIGATORS, UM, DECEMBER 27TH, 2021, THE CITY AUSTIN RECEIVE A COMPLAINT REGARDING THE STRUCTURAL CONCERNS ON THE SIDEWALK AND AT THE BELOW GRADE PARKING GARAGE OF 1901 RIO GRANDE STREET, WHICH IS THE APARTMENT IS A POINT ON REAL GREEN REAL POINT APARTMENTS, MULTIPLE CD REPRESENTATIVES FOR INVOLVE IN THE INVESTIGATION PROCESS, INCLUDING THE PUBLIC WORK DEPARTMENT, TRANSPORTATION DEPARTMENTS AND DALSTON COQ DEPARTMENTS WITH THE ASSISTANCE FROM THE CITY ENGINEERS INSPECTORS WERE ABLE TO IDENTIFY THE LOCATIONS OF THE DETERIORATE SIDEWALK, CRACKS SIDEWALK, SETTLEMENTS AND BOYS UNDERNEATH THE SIDEWALK.

THE LATEST NOTICE OF VIOLATION WAS SENDING OUT TO THE PROPERTY OWNER, A GEN REPRESENTATIVE OF THE PROPERTY ON JUNE 23RD, 2020 22 ASSETS, AUGUST 18TH, 2022.

CURRENT STRUCTURE CODE VIOLATION STILL EXISTS ON THE PROPERTY.

AND I GUESS WE'LL BE MOVING TOWARD THE PICTURES, RIGHT? UH, EXHIBIT TWO, A AND TWO B ARE CONTEXTUAL PHOTOS OF THE EXTERIOR AND ADDRESS OF THE APARTMENT BUILDINGS LOCATED AT THE 1901 REAL GREEN STREET AND TWO EIGHT AND TWO BE AND EXHIBIT TWO C AND TWO E SHOW THE PROPERTY EXTERIOR ON THE REAL GREEN STREET, ALONG THE OVERHANG OF THE BUILDING AND WHERE WE FOUND SERVER LOCATIONS WITH CRACKS IN THE SIDEWALK, CONCRETE STRESS CRACKS UNDERNEATH THE BUILDING.

OVERHAND ARE IN INDICATIONS THAT SIDEWALK UNDERNEATH IT IS ON PRIVATE PROPERTIES.

OKAY.

AND THEN WE'LL MOVE TO EXHIBIT EXHIBIT TWO F SHOW.

SO WHITE LINE PAINTED ON THE SIDEWALK BY THE PUBLIC WORK DEPARTMENT TO SHOW WHERE THE PROPERTY LINE IS LOCATED.

PUBLIC WORKS REPRESENTATIVE UTILIZE THE OFFICIAL OFFICIAL SITE PLAN TO DETERMINE THE PROPERTY LINE FRACTURES IN THE SIDEWALK ARE IN THE LINEAR PATTERN, ALONG THE EDGE OF THE CONCRETE COLUMN AND ON THE PRIVATE PROPERTY SIDE, EXHIBIT TWO G SHOWS THE GREEN LINE IN THE PHOTO THAT INDICATE THAT THE SEPARATION OF PRIVATE PROPERTIES AND CD RIGHT AWAY, THIS ALSO INDICATES THE FRACTURES IN THE SIDEWALK ARE ON PRIVATE PROPERTY.

EXHIBIT TWO H AND TWO, I SHOWS VERTICAL OFFSET AND SEPARATION IN THE DAMAGE CONCRETE SIDEWALK LOCATED BY THE STEPS ALONE MLK SIDE.

ONCE AGAIN, THE FULL TOLL GRAPH SHOWS THE DAMAGE SIDEWALK IS UNDERNEATH THE BUILDING OVERHAND AND BEHIND THE RIGHT-AWAY EASTMAN EXHIBIT TWO J AND TWO CASE ARE FROM THE PARKING GARAGE WALL ALONG MLK BOULEVARD WOULD EXPOSE HOLES, SHOWING POOR WORKMANSHIP CONDITIONS WITH CARDBOARD MATERIALS IN THE WALL.

UH, THE NEXT ONE IS ENLARGED PICTURES WERE MORE OF CLOSE OFF PHOTOS, EXHIBIT TWO L'S AND TWO M SHOW, SEVERAL EXPOSED, CRACKS, AND FRACTURES IN THE PARKING GARAGE WALL UNKNOWN REAL GREEN STREET.

THERE IS WARREN DETERIORATED REPAIR MATERIALS ALONG THE WOLF FRACTURE EXHIBIT TWO, AN IS AREA TRANSPORTATION DEPARTMENT MARKED A CT SIDEWALK TO IDENTIFY THE EXACT LOCATION,

[00:15:01]

PRIVATE PROPERTY VERSUS PUBLIC PROPERTY.

THE ENGINEERING'S REPORT SHOWS MORE IN DETAILS OF WHERE THE CITY RIGHT AWAY IS VERSUS PRIVATE PROPERTY.

EXHIBIT TWO Q IS A SNAP OF THE SITE PLAN SHOWING THE PROPERTY LINE TO BE 8.4 FEET FROM THE BUILDING.

CURRENTLY, THIS CASE IS STILL ACTIVE AND NOW OF THE STRUCTURAL CONDITIONS HAVE BEEN REPAIRED.

THIS CONCLUDES MY PRESENTATION CHAIR.

BEFORE I READ THE, UH, RECOMMENDED ORDER INTO THE RECORD.

WE ALSO HAVE SOME STAFF CITY STAFF, UH, GENTLEMEN, TO SPEAK ABOUT THAT COULD ANSWER QUESTIONS ABOUT THE, UM, DO YOU WANT TO JUST WAIT AND ANSWER QUESTIONS OR BE AVAILABLE? OR DO YOU WANT TO SAY ANYTHING NOW? OKAY.

SO I'M GOING TO GO AHEAD AND READ THE BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS TO AID THROUGH TWO Q, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS PROPERTY AND DENIED THE OWNER'S APPEAL.

THANK YOU.

WELL, I'LL ADMIT, UH, EXHIBIT ONE AND EXHIBITS TWO WAY THROUGH TO QUEUE.

AND DO WE HAVE, UH, MR. TURNER HERE FOR THE OWNERS HERE? UM, IF YOU WANT TO SIT, UM, I GUESS WHEREVER YOU WANT.

YEAH, THAT'S FINE.

I WANT TO GET CLOSE TO THAT HERE.

LET'S PUT THIS.

EXCELLENT.

THANKS SO MUCH FOR HEARING US, UH, UH, APPRECIATE IT.

WE, UH, HAVE WORKED WITH SEVERAL OF THE CITIES.

I'VE BEEN, LET ME, SORRY.

I'M BEN TURNER.

I'M WITH CONCERT.

WE HAVE, UH, WE, UH, HAVE ENGINEERS PLANNERS, LANDSCAPE ARCHITECTS.

WE GENERALLY DON'T WORK THINGS LIKE THIS, LIKE THIS, WE BUILT THINGS.

SO IT'S KIND OF AN UNUSUAL SETTING FOR US, BUT WE REPRESENT THE HONOR AND I HAVE BOB LETTERMAN HERE WHO SOMETIMES ALSO REPRESENTS THE OWNER OF THE, OF THE STRUCTURE.

YOU'RE REPRESENTING THE OWNERS IN THE CAPACITY OF AN ENGINEERING WE'RE, WE'RE REPRESENTING THE OWNER BEN PERIOD, A WHOLE MANNER, BUT WE, AND I'LL GET FAT THOUGH.

AND I'LL HAPPILY ASK ANY QUESTION YOU WANT PRIVACY, DO YOU HAVE FIVE MINUTES ON THE SHIRT? THANK YOU SO MUCH.

ARE YOU GOING TO SEE THE FIRST PICTURE, WHICH IS SIMILAR TO THE ONE THAT MR. SHOES USED SHOWED, EXCEPT THAT YOU CAN SEE ON THE RIGHT SIDE PLAN? WELL, LET ME, LET ME BACK UP AND GIVE YOU A LITTLE HISTORY.

THIS SIDEWALK HAS HAD CRACKS AND BEEN IN GENERAL, POOR REPAIR, OUR BILLING MANAGER FROM 2019 UNTIL, UH, DECEMBER, UH, CALLED THE CITY OVER AND OVER AND OVER TO HAVE HIM COME OUT AND LOOK AT IT TO NO AVAIL.

UH, THERE W UH, WHAT WOULD SAY WITH ONE EXCEPTION, UH, PUBLIC WORKS DID COME OUT AND PUT SOME COAL PATCH WHERE, UH, IN THE RIGHT OF WAY WHERE, UH, ONE PLATE HAD DROPPED FROM ANOTHER PLIGHT, BUT WITH NO, NO RESPONSE AT ALL FOR ALMOST THREE YEARS, THE, UH, THE, UH, PROPERTY MANAGER THEN CALLED THE MAYOR'S OFFICE.

AND, UH, AND WE'VE GOT A WHOLE HOST OF, UH, STAFF, UH, AS MR SU SAID, THERE WERE SEVERAL AGENCIES OUT THERE.

THOSE HE MENTIONED, PLUS WATER WATERSHED PROTECTION, AND OTHERS LOOKING AT IT, TRYING TO UNDERSTAND WHAT WAS GOING ON.

SO AS WE GOT OUT THERE, WE, UH, OUR OWNER WAS, UH, ANXIOUS ABOUT IT.

THIS IS STUDENT HOUSING.

WE HAVE A 122 UNITS.

TYPICALLY WE HAVE 221 RESIDENTS, AND THAT'S WHAT WE HAVE TODAY.

THEY MOVED IN FRIDAY AND, UM, WE HOPE THEY HOPE YOU'RE DOING WELL IN SCHOOL.

AS YOU CAN SEE HERE ON THE PICTURE, RIGHT? OR STEEL PLATES THAT, THAT WE HAD A CONTRACT, WE SAW CUT A GOOD BIT OF THE SIDEWALK ON THE CITY PROPERTY TO DETERMINE, SEE, WE CAN FIGURE OUT WHAT THE HECK WAS GOING ON OUT THERE.

AND AS YOU CAN SEE, THIS IS FROM THE CURB ON THE, ON THE EDGE OF THE PLATE, OVER TO THE, TO THE BARRIER,

[00:20:01]

UH, THAT'S ON CITY PROPERTY.

AND IT'S AREAS WHERE WE SAW CUT INSPECTED, TRIED TO FIGURE OUT WHAT THE HECK WAS WAS GOING ON OUT THERE.

IF YOU COULD GO TO THE SECOND ONE FOR ME THAT THIS IS ALSO LOOKING SOUTH, AND IT, IT COVERS, AS YOU CAN SAY, UH, SOME, UH, IT'S SOME CITY PROPERTY, SOME PRIVATE PROPERTY THAT PLATE LAYS ABOUT TWO THIRDS OR PATH ON PRIVATE PROPERTY, AND ABOUT THE OTHER PORTION ON CITY CITY PROPERTY, IF HE COULD DO THAT THIRD SLIDE FOR ME, IT'S A LITTLE DIFFERENT, UH, UH, AS MR SU SAID THAT THE CITY DID MARK, UH, THE WHITE, UH, MARKINGS IS WHERE THE CITY MARK, WHERE THEY THINK THE PROPERTY LINE.

AND WE ALSO LOOKED AT IT, THE YELLOW MARKINGS ARE HIGHER.

SO THEY'RE RUN ON TOP OF EACH OTHER.

WE ABSOLUTELY AGREE WHERE THE PROPERTY LINE IS, AS YOU CAN SEE HERE.

MOST OF THAT, WHICH IS ON PRIVATE PROPERTY IS ALSO UNDER AN OVERHANG AND NOT IN THE MAIN TRAVEL WAY OF THE SIDE OF THE SIDEWALK.

UM, UH, WE, UH, TALKED MANY TIMES TO MANY PEOPLE IN CITY.

UH, MS. JOHNSON WAS VERY HELPFUL, VERY KNOWLEDGEABLE.

AND MR C WAS THERE THAT THE BIG PEOPLE VERY, UH, VERY KNOWLEDGEABLE, VERY HELPFUL.

WE DID GET A CITATION, WHICH SIDED AS, AS, UH, UH, MELANIE.

AND I'M SORRY, I'VE FORGOTTEN HER LAST NAME, BUT, UH, RED, UH, FOR VIOLATING, UH, SECTION 3 0 2, 3 OF THE INTERNATIONAL BUILDING AND MAINTENANCE CODE.

AND THAT TALKS ABOUT MAINTENANCE OF SIDEWALKS.

IF YOU CAN GO TO THE NEXT SLIDE FOR ME, THAT WOULD BE HELPFUL.

I'VE GOT IT UP.

OOH, IT'S A BIG BARREL RATE.

I'M SORRY.

UH, IT, UH, AND IT, THIS CODE TALKS ABOUT IS AS THE, SOME OF THE CITY STAFF TALKED ABOUT, ABOUT MAINTENANCE OF SIDEWALKS, BUT I WOULD LIKE FOR I'D CALL YOUR ATTENTION TO THREE OH TWO, THREE OH ONE TWO, WHICH IS THE RESPONSIBILITY FOR, UH, MAINTENANCE.

AND IT SAYS THE OWNER OF THE PREMISES SHALL MAINTAIN THE STRUCTURE AND THE EXTERIOR PROPERTY.

UH, SO THE FIRST THING IS THAT THE OWNER OF THE PROPERTY, AND I WOULD SUGGEST TO YOU, WELL, IF I COULD, COULD I GET YOU TO BACK UP A SLIDE? MAYBE, MAYBE TWO, LET ME SEE.

YEP.

I'M SORRY.

THAT'S GOOD.

YEAH.

UH, IT'S A LITTLE HARD TO TELL HERE, BUT WHERE THE PROPERTY LINE IS, WHAT IS NOT, WHAT WAS NOT POINTED OUT PREVIOUSLY IS FROM THE, FROM THE PRO PROPERTY LINE OUT TOWARD THE CURB LINE IS A SUBSTANTIAL DEFLECTION IN THE SIDEWALK WHERE IT'S COLLAPSED.

UH, AND SO, UH, WE HIRED A, UH, FORENSIC NATIONAL FORENSIC STRUCTURAL ENGINEER FOR THEM TO LOOK AT THESE, SEE IF WE COULD FIGURE OUT WHAT THE HECK WAS GOING ON AND MAKE SURE THERE WERE NO PROBLEMS WITH THE BUILDING, NO PROBLEMS WITH THE PEERS.

AND, UH, SO, AND THEY DID AN EXTENSIVE INVESTIGATION, WHICH I LIKE TO COME BACK TO IN JUST A MINUTE, IF I COULD NOW GO TO THE NEXT SLIDE, IF YOU WILL.

I'M SORRY, THAT ONE RIGHT THERE.

THIS IS, THIS IS OUT OF AMANDA.

I'M SURE MOST OF YOU KNOW WHAT AMANDA IS.

IT'S THE CITY TRACKING SYSTEM, WHICH IS AVAILABLE TO THE PUBLIC AND ALL OF US, WE USE IN OUR FIRM ALL THE TIME.

THIS IS, UH, THIS IS FROM AMANDA FOR THIS PARTICULAR, UH, BELLING PERMIT FOR THIS BUILDING IN 2014.

AND I, THIS IS JUST THE FIRST PAGE TO SHOW YOU THAT IT'S OUR, OUR PR OUR PROPERTY AND OUR PROJECT.

IF YOU GO TO THE SECOND PAGE FOR ME, PLEASE, SIR, THIS IS THE TOP IT NOTES THAT THIS IS FINAL TO THE FINAL CO THE INSPECTORS HAD BEEN CLEARED, AND THE FINAL HAS BEEN ISSUED.

IF YOU'D GO TO THE THIRD PAGE, THAT WOULD BE HELPFUL FOR ME.

UH, THANK YOU.

THIS SHOWS A VERY LOW, IT SHOWS SIDEWALK INSPECTION.

YES, I'M SURE MANY OF YOU, I'M SURE YOU'RE VERY EXPERIENCED, UH, WHEN WE, WHEN OUR FIRM OR FIRMS THAT YOU MAY WORK FOR, UH, BUILT A, A DRIVEWAY, UH, A STREET OR SIDEWALK IN CITY RIGHT AWAY, IT'S INSPECTED BY THE CITY AND WE HAVE TO CLEAR INSPECTIONS AND CLEAR INSPECTIONS.

AND WHEN THEY FINALLY ACCEPT IT AS IS SHOWN HERE, THEN THE CITY TAKES IT OVER FROM MAINTENANCE AND OWNERSHIP.

OKAY.

MR. TURNER, THE TIME IS ACTUALLY UP.

SO TRY TO, I WILL GO VERY QUICKLY.

SO LET ME JUST SAY THAT A SUBSTANTIAL PORTION OF DAMAGE IS ON THE CITY PROPERTY.

WE'VE CONTACTED THE CITY MANY, MANY, MANY TIMES ABOUT IT.

OUR OWNER THERE'S THERE ABSOLUTELY IS A CRACK ON OUR PROPERTY.

WE'RE READY TO FIX IT.

WE CONTACT THE CITY OVER AND OVER AND OVER ABOUT REPAIRING THEIR PROPERTY IN THE RIGHT-AWAY LAST THING I'LL SAY OFTEN YOU HAVE MAINTENANCE AGREEMENTS ON, ON THESE PROPERTIES THAT PRIVATE OWNERS MIGHT HAVE.

THIS ONE DOES NOT HAVE THAT, THE LAST SLIDE, AND I'LL JUST LEAVE IT UP AND LEAVE IT OVER.

HERE IS THE, IS THE FINAL REPORT, WHICH I WILL LEAVE YOU GUYS.

THE LAST LINE.

IT TALKS, THIS IS NELSON FORENSICS REPORT.

THE LAST

[00:25:01]

NOTE IS THEREFORE ABOVE NOTE ABOVE THE SETTLEMENT OF THE SIDEWALK IS OCCURRING INDEPENDENTLY OF THE SUBJECT STRUCTURE.

SO IT'S NOT, THERE'S NOT ANYTHING THAT WE COULD IDENTIFY THAT OUR STRUCTURAL ENGINEER COULD IDENTIFY THAT THE STRUCTURE WAS CAUSING THESE FAILURE.

SO, UH, NOT CAUSED BY OUR, UH, OUR BILLING, OUR WORK, AND MOST OF THE DAMAGE IS IN THE CITY RIGHT AWAY, WHICH THEY OWN AND MAINTAIN.

THANK YOU VERY MUCH.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

SORRY.

I WENT OVER.

THANK YOU.

NO PROBLEM.

UM, WELL STANDBY.

AND LET'S SEE IF THE CONDITIONERS HAVE, I'M SURE THEY HAVE A LITTLE BIT, WHERE ARE YOU GOING TO ADMIT THAT AS AN EXHIBIT? UM, YOU KNOW, YEAH, SURE.

DO YOU WANT, WOULD YOU LIKE TO SUBMIT THE I'LL HAPPILY GIVE IT TO YOU AND THE REPORT IN THE CITY, BY THE WAY, WE HAVE PROVIDED THE CITY WITH ALL OF THIS INFORMATION? YES, I FIGURED YOU DID.

UM, THAT WAS A GOOD PRESENTATION.

WE'LL GO AHEAD AND ADMIT EVERYTHING IN ONE BUNDLE AS OWNER'S EXHIBIT ONE.

THANK YOU.

ALL RIGHT.

COMMISSIONERS, WHAT DO YOU THINK QUESTIONS FOR INSPECTOR WU OR WE ALSO HAVE, UH, OH, YES, WE HAVE MR. HELMY HERE.

I'M KAREEM HELMY.

I'M THE CITY STRUCTURAL ENGINEER WITH PUBLIC WORKS.

I CAME OUT AND ASSISTED CODE COMPLIANCE WITH THIS, AND I WAS JUST HERE TO ANSWER ANY QUESTIONS OR CLARIFY ANYTHING THAT COMES UP.

THANK YOU.

I'M SORRY.

YEAH, I HAVE A QUESTION, BUT I'LL LET OUT, LET US GO AROUND FIRST AND THEN I'LL ASK YOU A QUESTION OF MY OWN.

WE SHOULD GREEN.

UH, THANK YOU.

MADAM CHAIR.

I HAVE A QUESTION FOR BOTH OF YOU GENTLEMEN.

UH, THERE WERE A COUPLE OF, UH, UM, UH, PICTURES THERE WHERE IT SHOWED SOME, UH, SOME CRACKS WOULD LOOK TO ME AND NEITHER OF THE GARAGE OR BASEMENT, UH, PART OF THE BUILDING, UH, WHEN, UH, FOR ME TO GET THE ELEPHANT OUT OF THE ROOM, IS THERE ANY DANGER, UH, WITH, UH, WITH THAT, UH, STRUCTURAL ISSUE? LIKE WHY WOULD HATE TO SEE SOMETHING LIKE MIAMI THAT HAPPENED TWO YEARS AGO? THAT'S A WONDERFUL QUESTION.

LET ME ADDRESS THAT DIRECTLY.

THE AREA THAT THE CRACK USED ON THE PRIVATE PROPERTY, THAT'S A TOPPING SLAB THAT SITS ON TOP OF OUR STRUCTURAL GARAGE.

UH, SO IT'S JUST, IT'S JUST SIMPLY A SMALL, IT'S A SECTION OF PROBABLY TWO INCHES OF CONCRETE THAT SITS ON TOP OF THE GARAGE AND IT BROKE ALONG THE EDGE OF THAT.

WHERE ARE THE TOP OF OUR GARAGE ENDS? IT BROKE RIGHT ALONG THAT BRIGHT IN THE TOP OF OUR, UH, I WILL SAY ALSO THAT THE INSIDE TO YOUR POINT INSIDE OF THE GARAGE, WHICH WAS SHOWN BY THE INSPECTOR SUE THAT'S, THAT SIMPLY SHOT CREATED HAS NO STRUCTURAL CHARACTERISTICS AT ALL.

IT'S SIMPLY THE WHOLE DIRT OUT.

IF YOU WILL, THE ENTIRE BUILDING IS SUPPORTED BY PEERS AS YOU, AS YOU KNOW, SO THAT THAT'S IMMATERIAL.

ALTHOUGH I WILL SAY WE ARE SAW CUTTING THAT AND INSPECTING BEHIND THERE, UH, OVER THE NEXT WEEK OR SO TWO WEEKS.

OKAY.

YES.

I'D LIKE TO ADD TO THAT SO THAT, UH, YOU KNOW, I'LL HAVE TO EXPLAIN A LITTLE MORE ABOUT THE SUB-GRADE STRUCTURE OF THAT GARAGE.

SO YOU TRULY UNDERSTAND WHAT'S HAPPENING WITH THE SIDEWALK.

THE SUBGRADE STRUCTURE OF THE GARAGE WAS BUILT WITH A 24 INCH DIAMETER PIERS AT 36 INCHES ON CENTER.

AND THEN THEY CAME IN AS THEY EXCAVATED DOWN AND SHOT CREATED BETWEEN THE PEERS.

SO THAT SHOT CREATED WALL THAT YOU SAW WITH THE CRACKS IS HOLDING SOIL BACK.

SO IT IS A STRUCTURAL MEMBER.

UM, DURING THE INVESTIGATION, THE, UH, NELSON ENGINEERING REMOVED A SECTION OF SIDEWALK THERE, WHICH IS ABOUT FIVE TO SIX INCHES THICK, AND THEY LOCATED VOIDS BETWEEN THE PEERS.

SO WHAT'S HAPPENING IS, IS SOIL IS MIGRATING DOWN THE VOIDS THROUGH THE CRACKS WE SAW IN THE GARAGE REMOVING THE SUBGRADE SUPPORT OF THAT SIDEWALK.

THAT'S RIGHT THERE ALONG THE BELOW GRADE WALL.

AND THAT'S WHY THE SIDEWALK IS STARTING TO SELL.

AND THAT'S WHAT THAT BIG CRACK IS.

IT'S JUST OPENING UP.

SO THE BUILDING IS NOT GOING TO FAIL, BUT THE SIDEWALK WILL CONTINUE TO SETTLE UNTIL THOSE VOIDS ARE FILLED NOT ADDRESS.

THEN JUST GIVE ME A QUICK MOMENT TO ACKNOWLEDGE, UH, COMMISSION IS STILL SAD.

CAN YOU HEAR US? HELLO? OKAY.

THANK YOU FOR JOINING US.

ALL RIGHT, MR. TURNER, YOU MIGHT, AND I WILL LEAVE FOR YOUR, FOR YOUR REVIEW AND INSPECTION SINCE YOU VIA EMAIL, HOWEVER YOU LIKE, UH, THAT IS COUNTER TO WHAT OUR, OUR NATIONAL FORENSIC ENGINEERS SAID.

THERE, THERE IS, THERE ARE CERTAINLY, THERE ARE, THERE ARE A VOICE THAT WE'RE LOOKING AT ABOUT, HE WAS VERY CLEAR THAT THAT HAS NOTHING TO DO WITH WHAT'S GONE ON SOLDER.

HE THINKS THERE'S INSUFFICIENT COMPACTION OR SOMETHING, BUT IT HAS NOTHING TO DO WITH

[00:30:01]

THOSE, BUT, AND IT'S IN THE REPORT, THE SEALED REPORT.

SO, AND IT'S ALL THIS, THESE GROUPS, THAT'S ALL I DO EVERYDAY IS INSPECT SPELLINGS LIKE THAT.

SO WHAT I'M HEARING IS WE HAVE MATERIAL, UH, SOIL MATERIAL LEACHING FROM, UM, JUST BELOW THE, UH, THE, THE SIDEWALK DOWN INTO VOIDS IN THE BASEMENT PARKING LOT AREA OF THE BUILDING BETWEEN, UH, UM, THIS, UH, MATERIAL, THIS CONCRETE MATERIAL.

THAT'S REALLY THERE ALMOST LIKE A DRYWALL FOR, UM, UH, UH, GARAGES AND CONCRETE STRUCTURES LIKE THIS.

SO WHAT IS THE POTENTIAL IMPACT OF SOIL LEACHING INTO THESE VOIDS OVER TIME? WELL, LET ME, UH, I CAN ADDRESS THAT.

AND CERTAINLY, CERTAINLY HE CAN, UH, THERE WAS NO EVIDENCE.

WE LOOKED AT EXTENSIVELY FROM INSIDE OF THE GARAGE, UH, AND OUTSIDE WITH CAMERAS.

AND IT WAS NOT THERE.

THERE WERE CERTAINLY VOICE.

THERE'S NO DOUBT ABOUT THAT, BUT WE COULDN'T FIND ANY FURTHER EVIDENCE OF LEACHING AS DEFINED BY EITHER EITHER OF YOU GENTLEMEN, THERE THERE'S CERTAINLY AVOID, BUT WE COULD FIND NO EVIDENCE WHERE THE NORMALLY NORMALLY ON THAT SORT OF THINGS, WE'VE SEEN SOMETHING LIKE THAT BEFORE.

I'M SURE THE STATE IS SAYING IT OVER AND OVER AND OVER.

YOU GET WATER MOVING THROUGH THERE AND IT LEACHES OUT AND YOU HAVE ALL KINDS OF, WE DIDN'T FIND ANY OF THAT EVIDENCE AT ALL.

AND SO, AND I WILL TELL YOU, THE OWNER IS INVESTIGATING THAT.

AND IF WE NEED TO FIX THE AWARDS, WE'LL FIX THE AWARD.

THAT'S NOT AN ISSUE AT ALL WITH US.

OKAY.

THANK YOU.

HIS ANSWER TO THAT QUESTION.

SO IN ONE OF THE PHOTOS THAT HAD BEEN SHOWED IS INSIDE THE GARAGE, AND YOU CAN SEE LARGE CRACKS THROUGH THE WALL.

SO IF YOU CAN KIND OF USE MY HANDS, I SPEAK WITH MY HANDS A LOT.

IF THIS IS THE EXTERIOR PARKING GARAGE WALL, AND THIS IS OUR SIDEWALK, AND THERE AVOIDS ALONG HERE, SOIL WILL MIGRATE.

WHENEVER WE GET RAINS, IT'LL MIGRATE UNDER THE SIDEWALK INTO THE VOID AND IT'LL COME OUT, DO THOSE CRACKS IN THE GARAGE.

THAT'S JUST SOIL GET BIGGER.

UM, YES, WE'RE, WE'RE CONCERNED ABOUT THAT, BUT THAT'S A SEPARATE TOPIC.

THAT'S REALLY FOR THE OWNER TO TAKE A LOOK AT THEIR, THEIR WALL, BUT THAT WALL, BECAUSE NOW IT IS CRACKED AND IT'S SHOT CREATED.

SO IT'S NOT YOUR TYPICAL CAST IN PLACE, CONCRETE WALL.

IT'S A DIFFERENT TYPE OF MATERIAL.

IT, UM, I DON'T WANT TO GET TOO SPECIFIC ABOUT THE AGGREGATE AND ALL THAT, BUT IT DOES NOT WITHSTAND IT AS PRESSURE DIFFERENTLY THAN A CAST IN PLACE, CONCRETE WALL WOOD.

OKAY.

THANK YOU.

UM, COMMISSIONER FREIBERGER, YOU HAD SOME QUESTIONS, RIGHT? I DO.

YES.

THANK YOU.

SO WHAT WAS THE ACTUAL NOTICE OF VIOLATION? IT WAS FLASHED UP ON THE SCREEN BRIEFLY, BUT IS THAT, I MEAN, IT WAS FOR FAILURE TO MAINTAIN THE STRUCTURE RIGHT.

SPECIFICALLY TO THE SIDEWALK.

YEAH.

THANK YOU.

THANK YOU.

THANK YOU.

UH, I HAVE THE CODE RIGHT HERE.

IT IS.

IT IS A SIDE ABOVE IT.

THIS IS A MAINTENANCE SECTION OF THE CODE AND IT SAYS I'M NOT INTERESTED IN THE CODE.

I'M INTERESTED IN WHAT YOUR VIOLATION ACTUALLY SAID.

OH, WELL, I'VE GOT IT'S IT'S IT'S SITES 3 0 2, 3 ONLY 3 0 2, WHICH, WHICH SAYS, UH, SIDEWALKS AND DRIVEWAYS STAIRS, DRIVEWAYS PARKING SPACES, SIMILAR SHALL BE KEPT IN PROPER STATE OF REPAIR AND MAINTAIN FREE OF, UH, FROM HAZARDOUS CONDITIONS.

OKAY.

AND WE SAW PHOTOS.

WE'VE SEEN PHOTOGRAPHIC EVIDENCE THAT THERE ARE CRACKS ON THE SIDEWALK THAT IS ON THE PRIVATE PROPERTY.

IS THAT NOT CORRECT? YES AND NO.

LET ME, LET ME SAY HOW THIS STRUCTURE IS BUILT, WHAT IT IS THAT I UNDERSTAND THE STRUCTURE AND HOW I DIDN'T MEAN STRUCTURE LEMONADE, THAT THERE WAS A POOR CHOICE OF WORDS.

LET ME SAY THAT AGAIN.

THE SIDEWALK ON THE CITY'S PROPERTY, IT'S TALKING ABOUT THE SIDEWALK ON YOUR PRIOR UNDERSTAND IF YOU'RE, I PROMISE YOU I'LL GET THERE VERY QUICKLY.

IT IS FAILED AND DROPPED AWAY AND CRACKED ALONG.

OUR BUILDING HAS AN OVERHANG, AND THEY'VE SIMPLY BEEN AN OVERLAND, CAUGHT IT WHERE WE'RE CRACKED.

IT'S NOT REALLY ON THE SIDEWALK.

IT IS IN AN AREA THAT IS UNDER OUR OVERHANG IS PRIVATE AND IS NOT IN THE MAIN TRAVEL WAY OF, OF THE SIDEWALK AND ADJACENT TO THE PUBLIC SIDE WHERE PEOPLE ARE GOING TO BE ABSOLUTELY A JUDGE TO DECIDE THE PRIVATE PROPERTY, CORRECT ALONG THAT WALL BECAUSE OF FAILURE IN THE CITY SIDEWALK, WHICH IS ABSOLUTELY DOCUMENTED IN OUR REPORT.

SO YOU'RE SAYING THAT THERE IS A PROBLEM ON THE PRIVATE PROPERTY.

THERE ARE CRACKS, THERE ARE THINGS THAT ARE IN NEED OF REPAIR, BUT YOU'RE SAYING THAT THIS IS DUE TO SOMETHING THAT HAPPENED ON THE PUBLIC SIDEWALK,

[00:35:01]

WHICH CORRECT.

OKAY.

I JUST WANT TO REMIND HER CONDITION FELL THIS WAY AND WE CORRECT.

RIGHT.

I WANT TO REMIND THE REST OF THE COMMISSION THAT WE ARE HERE ONLY TO ADDRESS AN APPEAL OF THE NOTICE OF VIOLATION.

OKAY.

THAT'S ALL WE'RE BEING ASKED TO ADDRESS.

THANKS FOR THE REMINDER.

UM, DO WE HAVE ANY OTHER QUESTIONS FOR STAFF OR FOR THE OWNER'S REPRESENTATIVE? OH, NO, GO AHEAD.

I DID THE REPORT THAT YOU COMMISSIONED SAY ANYTHING ABOUT THE CAUSE OF IT.

IT SEEMED LIKE YOU WERE QUOTING THE SECTION THAT SAYS IT IS NOT YOUR FAULT.

WAS THERE ANY EVIDENCE OF THE CAUSE OF THE FAILURE OF THE SIDEWALK? YES.

ACCORDING TO YOUR REPORT? YES.

IT SAYS IS BECAUSE IT WAS A BEST GUESS, FRANKLY, BUT IT SAID IT WAS FA FAILURE OF THE COMPACTION OF UNDER, UNDER THE SIDEWALK.

AND HOW LONG DID THE CITY PORTION OF THE SIDEWALK EXIST BEFORE YOUR BUILDING WAS DEVELOPED? WAS IT PRE-EXISTING, WAS IT DEVELOPED IN CONCERT WITH YOUR, WITH THE BUILDING? I, I, I, I CAN TELL YOU WHAT'S IN THE PLANS, WE DIDN'T DO IT IN FOUR IN TORTEEN.

I'M SURE THAT THE CONTRACTOR TORE THAT SIDEWALK UP AS BILLING IT AND REBUILT IT AND WAS INSPECTED BY THE CITY.

OKAY.

THANK YOU.

OKAY.

AND DOESN'T OH, COMMISSION IS SILLY.

SO I WAS WONDERING IF A CITY ENGINEER COULD, UM, ADDRESS THE ISSUE OF THIS.

IF THE CITY IS AT FAULT TO BRING THIS PRIVATE PROPERTY AND MAKING A CRACK, IS THAT RIGHT? I'M SORRY.

CAN YOU REPEAT YOURSELF? THIS MAN IS SAYING THAT BECAUSE THE CITY PART, THE PUBLIC PART OF THE SIDEWALK IS BASICALLY DRAGGING DOWN THE PRIVATE PART OF THE SIDEWALK AND CREATING THE CRACKS.

DO YOU AGREE WITH THAT? UH, NO, I DO NOT.

DURING THE INVESTIGATION, NELSON ENGINEERING REMOVED A SECTION OF THE SIDEWALK WHERE YOU SAW THE METAL PLATES, I'M IN THE FULL REPORT.

IT'S GOT PHOTOS OF IT.

I HAVE A COPY HERE AND I ALSO GAVE A PDF OF IT, BUT I BELIEVE THAT, UH, BEN ALSO GAVE A COPY, BUT UNDER THOSE PLATES, THEY EXCAVATED THE SIDEWALK TO SEE THE SUB-GRADE AND IT WAS WELL COMPACTED IT'S ONCE YOU START COMING TO THE BUILDING, IF YOU CAN AGAIN, IMAGINE THIS NOW YOUR STOREFRONT, AND THIS IS THE SIDEWALK, IT'S ALL SETTLING ALONG THE BUILDING SIDE BECAUSE OF THE VOID AND THE MATERIAL, NOT SUPPORTING THE SIDEWALK.

IT'S SIDEWALKS NEED TO BE SUPPORTED BY A SUBGRADE.

THEY'RE NOT DESIGNED AS ELEVATED STRUCTURES, LIKE A SIMILAR TO A FLOOR ABOVE US.

IT NEEDS TO BE SUPPORTED.

AND THAT'S WHY THAT CRACK IS HAPPENING RIGHT ALONG THERE AND PAUSE THE SOIL ON THE RIGHT OF WAY TO SLOUGH TOWARDS THE VOIDS, WHICH IN TIME WILL JUST KEEP WORKING ITS WAY TO THAT CURB.

THANK YOU.

AND MR. SELIG, THERE'S A COPY OF THAT IN YOUR EXHIBIT.

ONE OF THAT ENGINEER'S REPORT.

THANK YOU, CHAIR.

I'VE ALSO ADDED A COPY OF THE, HIS EXHIBITS TO THE GOOGLE DRIVE FOLDER.

SO IF ANYONE IS WATCHING REMOTELY, YOU'LL BE ABLE TO SEE THOSE.

THANK YOU.

AND I THINK COMMISSIONER FREIBERGER HAD SOMETHING ELSE TO ADD.

I DO.

YES.

AND MR. TURNER, THANK YOU FOR BEARING WITH US.

UM, I GUESS I'M JUST CONFUSED.

THIS IS A NOTICE OF VIOLATION.

I'M CURIOUS WHY THE OWNER IS REALLY WANTING TO OPPOSE THIS.

YOU KNOW, IT JUST SEEMS LIKE AT SOME POINT, WHETHER IT'S ON CITY PROPERTY OR YOUR PROPERTY, IT'S A SIDEWALK IN FRONT OF YOUR BUILDING WAS 221 RESIDENTS.

WHY WOULDN'T YOU DO WHATEVER YOU COULD TO FIX THIS AS SOON AS POSSIBLE? I MEAN, IT JUST SEEMS LIKE EXCAVATING THAT BACK-FILLING WAS PROPER COMPACTION FIXING THIS PROBLEM SO THAT YOU DON'T HAVE AN, AN, YOU KNOW, THIS NEVER ENDING SCENARIO WOULD BE MUCH QUICKER THAN COMMISSIONING ALL OF THESE REPORTS.

I MEAN, OBVIOUSLY YES.

FIND OUT IF THERE'S ANY OTHER STRUCTURAL CONCERN THERE, BUT IT JUST SEEMS LIKE EVERYONE IS GOING TO AN AWFUL LOT OF TROUBLE TO AVOID BLAME FOR SOMETHING THAT I I'M MYSTIFIED.

WELL, I, I, YOU KNOW, I CAN'T SPEAK FOR MY OWNER IN NEW YORK, BUT, UH, JUST THAT I, I THINK THAT, UH, WE, WE STRONGLY DISAGREE WITH THE CITY AND OUR ENGINEER'S STRONGLY DISAGREE WITH THE CITY AND, AND WE CAN'T FIND ANY EVIDENCE IN SPITE OF, OF LEACHING.

SO I CAN'T SPEAK ABOUT WHAT'S DRIVING HIM.

I'M JUST, JUST HERE REPRESENTING, BUT IT, IT, I MEAN, I CAN'T SPEAK TO WHETHER OR NOT THIS WAS AN ISSUE DURING ORIGINAL CONSTRUCTION.

OBVIOUSLY I'M NOT AN ENGINEER.

I WAS NOT ONSITE, YOU KNOW, I HAVE NO KNOWLEDGE OF THIS, BUT IT CERTAINLY LOOKS LIKE IT WAS AN ISSUE DURING CONSTRUCTION THAT IT EITHER HAS NOT BEEN PROPERLY

[00:40:01]

MAINTAINED OR WAS NEVER PROPERLY INSTALLED IN THE FIRST PLACE.

YOU KNOW, THAT SIDEWALK MOST CERTAINLY WAS COMPLETED AT THE SAME TIME AS THAT BUILDING BY THE SAME CREW.

AND THAT WAS PART OF THE SCOPE OF WORK.

AND SO I, AGAIN, I JUST DON'T UNDERSTAND IT IS IMPACTING YOUR BUILDING TO WHERE YOU HAVE A MAINTENANCE PROBLEM WITH YOUR BUILDING.

THERE IS A PROBLEM ON THE CITY SIDEWALK ON THE PUBLIC SIDEWALK BECAUSE OF THIS.

SO IT JUST, I'M SORRY.

ANYWAY, MY THOUGHTS, UH, ABSOLUTELY.

UH, UH, HEAR WHAT YOU'RE SAYING.

UH, UH, IT'S UH, LET ME SAY BACK WHEN THE SIDEWALK WAS BUILT, IT WAS BUILT IN 2014, I THINK, UH, IT WAS IN THE COMPACTION AND, UH, AND THE SIDEWALK ARE ALWAYS IN PUBLIC.

RIGHT-AWAY INSPECTED BY THE CITY AND APPROVED AND ACCEPTED FROM MAINTENANCE.

AND THAT'S WHAT HAPPENED IN THIS CASE AS IS EVIDENCE BY THE AMANDA REPORT.

SO CITY INSPECTED, IT IT'S BEEN INSPECTED THE COMPACTION AND SAID HE INSPECTED THE STEEL AND CONCRETE AND THE CONCRETE, ALL THAT THEY INSPECTED AT ALL PUBLIC COURSE INSPECTED THAT AND SIGNED OFF ON IT.

SO YOUR POSITION IS THAT IF THE CITY WERE TO GO IN AND MAKE THESE REPAIRS AND, YOU KNOW, EXCAVATE AND THEN PROPERLY COMPACT AND EVERYTHING, THAT THE PROBLEM WOULD BE SOLVED, NO PROBLEMS, THERE WOULD BE NO, NO CRACKING ON THE STRUCTURE.

THAT'S ON THE PRIVATE PROPERTY.

EVERYTHING WOULD GO AWAY.

THIS WOULD NOT REAPPEAR.

I CAN TELL YOU WHAT WE PLANT.

WE ARE CONTINUING TO DO.

UH, THAT ONE IS WE WILL SAW CUT ALONG THE PRO ON THE PROPERTY LINE AND REPAIR OUR PROPERTY.

NO QUESTION ABOUT THAT.

WE WILL, WE WILL DO THAT.

WE'RE, UH, ARE HIRING A KOREAN COMPANY TO COURT IN THE, THE SHOTCRETE IN THE GARAGE TO EVALUATE WHAT'S ALONG AND IN THERE.

AND IS IT CAUSING A PROBLEM INSIDE OR OUTSIDE THE BELLING AND WE'LL REPAIR THAT.

SO THAT'S UNDERWAY.

THANK YOU.

OKAY.

COMMISSIONER THOMPSON.

YES, SIR.

OH, ARE YOU NOW WORKING TO REPAIR THE PART? THAT'S THE CITY'S PARK.

ARE YOU JUST GOING TO LET THAT DETERIORATE? YEAH, THAT'S WHAT WE'RE HERE.

I'M SORRY.

WE ARE A SAW CUT.

WE'RE CORING INTO THAT.

AND INSIDE THE GARAGE TO EVALUATE THAT, I THINK THE NEXT STEPS WE'LL DECIDE WHAT TO DO THERE.

IF ANYTHING, WE'LL PROBABLY SOCK OUT ALONG OUR PROPERTY LINE, REPAIR OUR PROPERTY.

I WOULD IMAGINE THAT EVEN THOUGH IT IS, MAY NOT BE TECHNICALLY ON YOUR PROPERTY, I WOULD IMAGINE THAT A LOT OF YOUR, UH, RESIDENTS AND A LOT OF THE OTHER PUBLIC HAS DANGER IN WALKING DOWN THERE.

IF YOU DO NOT SEE THAT THE OTHER PART IS REPAIRED AND THAT WILL BE, IS THAT A CONCERN? UH, THAT'S WHY WE'RE HERE TONIGHT.

ACTUALLY WE'VE ASKED THE CITY DOZENS, MANY TIMES TO REPAIR THEIR CYTOCHROME.

OKAY.

CAN THE CITY, UM, WHO'S SMILING TO THAT, TO THAT, PLEASE.

YEAH.

I ALSO HAD A QUESTION FOR YOU ABOUT YOUR OPINION ABOUT WHAT'S A POSSIBLE SOLUTION.

IF INDEED THE GARAGE WALLS ARE THE ONES CAUSING, THIS SOUNDS LIKE A LITTLE BIT OF EROSION TAKING PLACE.

SO WHAT WOULD BE A PLAUSIBLE SOLUTION IN YOUR OPINION, FROM YOUR EXPERIENCE? SO THE BEST WAY TO APPROACH THIS AS YOU'D HAVE TO FILL THOSE VOIDS.

SO YOU HAVE PROPER BEARING CAPACITY FOR THE SIDEWALK, UM, TO FILL THE VOID, YOU HAVE TO ANALYZE THE WALL TO SEE HOW MUCH PRESSURE THAT WALL CAN TAKE.

CAUSE NOW IT'S CRACKED.

YOU CAN'T JUST GO.

UM, AND WE'VE USED DIFFERENT MEANS AT THE CITY.

WE'VE USED A FLOWABLE MIXED MATERIAL, WHICH IS A IT'S.

UH, IF YOU CAN IMAGINE CONCRETE, THAT'S VERY LIQUIFIED ALMOST WHERE YOU CAN POUR, YOU'LL FIND ALL THE VOIDS.

YOU CAN'T DO THAT AGAINST THE WALL WITHOUT HAVING THE WALL ANALYZED TO SEE IF IT COULD TAKE THAT FLUID PRESSURE OF THE CONCRETE PRIOR TO IT SETTING.

BUT YOU WOULD HAVE TO FILL THE VOID TO STOP THE MIGRATION OF THE SOIL UNDER THE SIDEWALKS YOU HAVE PROPER BEARING.

AND JUST TO ADD TO, UH, THE COMMENT ABOUT REPAIRING THE SIDEWALK ON THE CITY SIDE, THE SUBGRADE ON THE CITY SIDE NEXT TO THE CURB WAS COMPACTED.

THERE WERE NO VOIDS THERE.

THE CITY CAN'T DO ANYTHING UNLESS THIS VOID IS, IS REPAIRED BECAUSE EVERYTHING WILL JUST KEEP MIGRATING TO IT.

SO EVEN IF WE WENT AND WE RIPPED UP ALL THE SIDEWALK IN THE RIGHT AWAY AND WE'VE COMPACTED AND WE REPORT THE SLAB,

[00:45:01]

WE'LL BE SITTING HERE AGAIN BECAUSE THE SOIL WILL KEEP MIGRATING AWAY FROM THAT SIDEWALK.

AND IT'LL CRACK AGAIN.

I HOPE THAT ANSWERS YOUR QUESTION.

YES, THAT DEFINITELY DID.

THANK YOU, MR. TURNER.

SURE.

UH, SORRY.

IT SEEMS TO BE A CONFLICT IN THAT, UH, ON THE ONE HAND, UH, BY THE WAY IT WA IT WAS, UH, WE HAD ANOTHER CONTRACTOR EXCAVATED.

IT WASN'T NELSON, BUT, UH, AS WE EXCAVATED THAT, UH, MR. SLAVEN OTHERS ARE, ARE SAYING IT'S FULLY COMPACTED, AND YET THEY'RE SAYING IT'S ERODING, IT'S IT CAN'T BE BOTH.

AND, AND, AND, UH, W WHAT WE FOUND, WHAT OUR, WHAT, WHAT OUR STRUCTURAL ENGINEER, FORENSIC ENGINEER FOUND IT, IT HAD COME COLLAPSED THAT IT D IT WAS NOT FULLY COMPACTED.

SO IT, IT LOOKED HARDENED AND THERE WAS ALL KINDS OF INTERESTING THINGS THERE.

BUT IF THERE'S THIS THE DIFFERENCE BETWEEN A FORENSIC ENGINEER AND, AND BO BOTH GOOD, GOOD MAN, GOOD ENGINEERS.

OKAY.

IF I'M UNDERSTANDING CORRECTLY, I THINK HE WAS SAYING THAT IT WAS COMPACTED FOR THE MOST PART, EXCEPT FOR THE PORTION THAT WAS IMMEDIATELY ADJACENT TO YOUR GARAGE WALLS.

I THINK THAT'S WHAT HE WAS SAYING.

UM, WELL, WE'LL GO AHEAD.

AND, UM, ANY OTHER COMMENTS MR. HORNER KEPT SAYING THAT NUMEROUS COMPLAINTS WERE LODGED AGAINST THE CITY? AND I JUST WAS WONDERING, CAN THE CITY RESPOND TO THAT, TO THE FACT THAT THE OWNERS AND THE OWNERS REPRESENTATIVES TRIED TO CONTACT THE CITY OVER AND OVER AGAIN, BUT YOU ALL DIDN'T.

WOW.

I'M WITH PUBLIC WORKS, THEY WOULDN'T BE CONTACTING PUBLIC WORK, ANGELA JOHNSON, UH, MR. IN DECEMBER, UH, WHEN I REQUESTED TO, UH, CLOSE THE SIDEWALK, YOU DO THOSE STRIKING AND PUBLIC SAFETY EVENTS.

SO BASICALLY WE STARTED TO INVESTIGATE AND WHAT WE FOUND, UH, IT'S REALLY, UH, YOU KNOW, WE ADDRESSED, WE HAVE RECORDS AND MAXIMA WHEN AND SEEK HIM.

I MEAN, PROPERTY MANAGER HAD COMPLAINED ABOUT BUILDING STRUCTURE YET IS THAT, UH, , UH, SOME FRAME DOORFRAME, WE ARE SHIFTING AND THEY HAD STRUCTURAL CONCERNS THAT WE HAVE A CAT ONSET.

SO WE INVESTIGATED.

AND WHEN MY INSPECTORS LOOK AT SIDEWALK AND RIGHT AWAY, UH, THAT'S WHAT WE FOUND.

WE FOUND THAT IT'S ACTUALLY PRIVATE PROPERTY ISSUE AND A LITTLE BIT GIVE YOU A BACKGROUND, HOW WE CAN, UM, GO FROM COMPACTED SUB-GRADE TO SOLE MIGRATION, SOLE SUBSURFACE STRATUM, UH, WHEN BALANCE IS DISTRAUGHT, RIGHT? WE HAVE CRACKS VOIDS AND THESE RAIN WATER, ALL THIS BALANCE AND VOID CREATED.

SO COMPACTED SOIL EVENTUALLY FROM, UH, RIGHT AWAY, NEW GRADES TOWARDS PRIVATE PROPERTY AND COMING OUT, COMING OUT INTO THE PARKING GARAGE.

SO CT WARS ARE RAISING CONCERN, BUT WE CAN NOT FIX PRIVATE PROPERTIES, RIGHT.

IT'S ON PRIVATE, PRIVATE PROPERTY OWNER.

UM, AND SO THAT'S WHERE THEY'RE AT MY ADDRESS THAT PLEASE, THERE WERE THREE YEARS OF THE STATE, OUR PROPER, WHICH WE HAD RECORDS OFF CALLING THE CITY, THEIR THERE, UH, UH, COMPLAINING ABOUT THE SIDEWALK SPECIFICALLY.

WE HAVE THOSE RECORDS.

SO THAT'S ONE IN TWO.

WHEN WE, WHEN WE, WHEN WE, WE HAD SOME RAIN, WHEN WE WERE, WE WERE TEARING THIS UP AND WE FOUND NO EVIDENCE OF MOISTURE AT ALL, ANYWHERE IN THE VOID OR ANYWHERE ELSE NOT.

THANK YOU.

UM, DO WE HAVE ANY IDEA HOW OFTEN THOSE SIDEWALKS ARE MAINTAINED ON THE CITY SIDE? UM, I'M SORRY, A MUNDANE IN TERMS OF HOW OFTEN MUNDANE WE PROVIDE MAINTENANCE, JUST, UM, SO, OKAY.

SO HERE'S THE SITUATION WHEN WE STARTED TO RECEIVE COMPLAINTS, RIGHT? SO COMPLAINTS WILL UNEVEN SIDEWALK OR SIDEWALK SUBSIDENCE, RIGHT? OF COURSE, WITHOUT KNOWING WHAT'S GOING ON, IT TAKES A WHILE, UH, TO UNDERSTAND WHAT'S GOING ON.

AND SOMETIMES BECAUSE OF, UH, ONLY THE, UM, YOU KNOW, SETTLEMENTS PANEL, SCHOOL SUBSIDES, SO OUR CREWS JUST TRYING TO FIX IT.

AND I SAW SOME PAGES, SO FACILE, SO THEY TRIED TO EVEN IT UP, BUT IT WAS JUST BEGINNING OF A BIGGER ISSUE.

SO WHEN EVERY SINGLE CONSTRUCTED, UH, AND AS MR. TURNER POINTED OUT INSPECTED BY THE CT, IT WAS OKAY.

BUT OVER TIME RESOLVES THOSE

[00:50:01]

SHORT GREEKS, WHEN CRACK STARTED TO DEVELOP IT'S HOW MANY YEARS IT WAS 2014 CONSTRUCTED OVER THE COURSE OF LIKE FEW YEARS.

THAT'S WHEN WE STARTED TO SEE SOME SORT OF SETTLEMENT OF SUB, UH, SIDEWALK.

RIGHT.

SO THEN WHEN IT STARTED TO DEGRADE AND IT STARTED TO BE A LITTLE MIGRATION OVER THE BUILDING LINE ON THE, I MEAN, UH, BEANIES OF SIDEWALK.

SO SUBSTRATA STARTED TO LOSE THAT BALANCE.

AND I'M JUST PULLING YOU ATTENTION THAT IT'S REALLY, WE ARE TALKING ABOUT PUBLIC DENTURE, I MEAN, SAFETY SHIELD, BECAUSE EVE PROPERTY OWNER WON'T TAKE RESPONSIBILITY OR ADDRESS THIS ISSUE IF WE ARE LOOKING AT OLD RIGHT AWAY WHEN CHILI COLLAPSION.

SO THAT'S A BIG CONSOLE.

YES.

THANK YOU SO MUCH.

UM, THAT HELPS A LOT.

DO WE HAVE ANY, YES.

MR. CAN I ADD SOMETHING PLEASE? UM, MR. TURNER ALSO CALLS THE SIDEWALK CURB TO STOREFRONT PASSING THE PRIVATE LINE.

AND IN THE REPAIRS, YOU CAN SEE IN A COUPLE OF PHOTOS, IT'S ACTUALLY ON THE PRIVATE SIDE WHERE IT SETTLED.

THEY POURED A LITTLE TO TAKE CARE OF A TRIP HAZARD.

SO THE REPAIRS WERE ON THE PRIVATE SIDE, BUT MR. TURNER REFERS TO THE SIDEWALK AS CURVED A STOREFRONT AND NOT STOPPING THAT'S CORRECT.

I DO NOT.

I DO NOT REFER IT TO A STOR OR STOREFRONT.

IT'S IT'S HER BACK WITH HER PROPERTY IS THE SIDEWALK, WHICH IS REQUIRED AND WHAT WAS IT BUILT BY OUR CLIENTS.

SO THAT'S THAT ALL RIGHT.

UM, LET'S HAVE, UM, DIFFERENT OPINIONS, BUT THIS IS ALL HELPFUL BECAUSE WE HAVE TO DETERMINE, YOU KNOW, WAS IT THE CHICKEN OR THE EGG, I THINK IS WHAT WE'RE TRYING TO FIND OUT.

UM, HOW MISSION OF FRYBERGER.

YES.

THANK YOU.

MADAM CHAIR.

I WAS GOING TO MOVE TO CLOSE THE PUBLIC HEARING.

ALL RIGHT.

WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING.

THANK YOU.

AND ALL ANYBODY? UM, I GUESS ALL IN FAVOR OF CLOSING THE PUBLIC HEARING.

OKAY.

OKAY.

AND IS ANYBODY OPPOSED TO CLOSING THE PUBLIC HEARING AT THIS TIME? NONE.

OKAY.

IT'S CLOSE.

AND SO WE CAN TAKE A VOTE IF SOMEBODY WANTS TO MAKE A MOTION.

MADAM CHAIR.

YES.

COMMISSIONER FRYBERGER.

I MOVED TO DENY THE APPEAL.

WE HAVE A MOTION BY COMMISSIONER FRYBERGER TO DENY THE OWNER'S APPEAL, AND WE HAVE A SECOND BY COMMISSIONER GREEN.

UM, DO WE HAVE ANY OTHER COMMENTS OR SHOULD I CALL THE VOTE? ALL RIGHT, WE'LL CALL IT.

I MEAN, I HAVE A QUESTION AND I, I GUESS MAYBE THIS WOULD BE APPROPRIATE FOR THE OPEN TESTIMONY PORTION, BUT WHAT, HOW, WHERE DOES THIS GET ELEVATED TO AFTER IF WE DENY THIS, UM, IN THE SENSE OF THIS, THIS IS JUST TO THE VIOLATION APPEAL, NOT THE ACTUAL APPEAL OF THE DECISION FROM THE CITY OR WHATEVER WOULD COME FROM THE VIOLATION.

AND SO IT'S, IT'S VERY ODD TO ME THAT WE HAVE ESSENTIALLY TWO SEPARATE.

HE SAID, SHE SAID DISAGREEMENTS BETWEEN, UM, I KNOW LIKE EXPERT TESTIMONY IS SUPPOSEDLY OFFERED, YOU KNOW, UH, IN A WAY THAT CAN BE UNQUESTIONED.

AND SO IT'S ODD TO HAVE TWO ENGINEERS OR TWO SETS OF ENGINEERING, REPRESENTING ENGINEERING, PEOPLE DISAGREE, AND THEN TO DISAGREEMENT ON THE COMMUNICATION TIMELINE, UM, AMONG OTHER DISAGREEMENTS THAT THIS IS UNUSUAL.

AND SO I'M WONDERING IF THERE IS A PROCESS THROUGH WHICH THIS WILL BE APPROPRIATELY HEARD BY A BODY THAT, UM, COULD MAYBE ANALYZE THIS MORE THOROUGHLY THAN US.

SO THAT'S JUST A QUESTION OF WHAT WOULD HAPPEN NEXT.

ALL RIGHT.

GOOD, MS. YES.

UM, THE, UH, IT COULD BE APPEALED TO DISTRICT COURT ONCE, ONCE THIS YOU'RE GONNA MAKE A DECISION ONE WAY OR THE OTHER UP OR DOWN, UH, WHETHER OR NOT THE NOTICE OF VIOLATION IS VALID.

AND THEN IF THE OWNERS CHOOSE TO TAKE IT FURTHER THAT HAVE TO TAKE IT TO DISTRICT COURT.

OKAY.

SO ESSENTIALLY THIS IS THE ONE SHOT AT APPEALING, THE CITATION ITSELF, THE NOTICE OF CITATION.

YEAH.

ANYTHING ELSE? YES.

COMMISSIONER STILL SICK.

I WAS JUST GOING TO ASK, I DON'T KNOW, TO WHOM THIS IS BEST DIRECTED, MAYBE COORDINATOR.

I MEAN, IT'S JUST, IF SOMEONE FITS SORT OF REMINDERS OF THE SIGNIFICANCE OF THE PROCEDURAL POSTURE OF THIS CASE, IT MIGHT GO TO SOME OF MR. BIDDING, THOSE CONCERNS.

UM, THERE IS SOMETHING A LITTLE BIT UNUSUAL

[00:55:01]

ABOUT SOMETHING COMING UP ON AN APPEAL FROM A NOTICE, AS OPPOSED TO ARRIVING BEFORE, AFTER HAVING BEEN SORT OF THOROUGHLY WORKED AND, UM, NOT BEING RESOLVED BY STAFF.

AND, AND I, I DON'T KNOW.

I JUST THINKING IT MIGHT BE, IT MIGHT BE WORTH GETTING SORT OF A REAL PRESSURE ABOUT, ABOUT THAT, ABOUT, ABOUT WHAT'S SIGNIFICANT ABOUT THAT.

SO YOU ARE ASKING FOR A REFRESHER ON THE DIFFERENCE BETWEEN YEAH.

I GUESS JUST SORT OF LIKE, YOU KNOW, WHAT SHOULD WE, WHAT SHOULD WE HAVE, YOU KNOW, ABOUT, ABOUT, YOU KNOW, ABOUT IT, THE CASE ARRIVING TO US THIS WAY, IF SOMEBODY GETS A NOTICE AND JUST STRAIGHT AWAY APPEAL THAT, LIKE, WHAT ARE THE IMPLICATIONS, YOU KNOW, SORT OF, DOES THAT MAKE SENSE? YES.

WHY SHE WOULD BE WEIGHING, RIGHT.

WHAT ARE THE CONSIDERATIONS WE SHOULD BE KEEPING IN MIND TONIGHT? YEAH.

MISS ALLIE, IN THIS CASE, YOU WOULD JUST BE DECIDING IF THE, IF THE VIOLATION IN THE NOTICE OF VIOLATION IS VALID OR NOT, IF IT'S AN ACTUAL VIOLATION OR NOT, UM, ROBERT MORRIS, OH, TRACY, YOU WANT TO SAY SOMETHING? YES.

UH, PROFESSIONAL LINK, UM, CITY ATTORNEY'S OFFICE, THAT THE POINT AT WHICH THIS IS AT IS THAT STAFF HAS ISSUED A NOTICE OF VIOLATION AND THE OWNER HAS APPEALED THAT NOTICE OF, SO THE QUESTION BEFORE THE COMMISSION IS WHETHER OR NOT THE VIOLATION EXISTS, IF THE COMMISSION AGREES THAT THE VIOLATION EXISTS, STAFF WILL CONTINUE WITH THE ENFORCEMENT PROCESS AND THEY WILL MOVE TO THE NEXT STEP.

UM, AND THEN IF THERE ARE STILL NOT A RESOLUTION AND STAFF BELIEVES THAT IT NEEDS TO COME BACK TO THIS BODY FOR A REPAIR ORDER, THEY WILL, THEY CAN BRING IT BACK TO THE COMMISSION FOR A SPECIFIC REPAIR ORDER IF NECESSARY.

OKAY.

THANK YOU, COUNSEL.

UM, DOES ANYBODY ELSE HAVE ANY QUESTIONS? I THINK MY THOUGHTS, UM, WELL ACTUALLY MY THOUGHTS ARE THAT YES, THE OWNERS ARE TRYING TO APPEAL THE NOTICE OF CITATION BASED ON THE LANGUAGE OF THE CODE.

UM, IN QUESTION SAYING THAT THE OWNER IS SUPPOSED TO MAINTAIN, UH, YOU KNOW, THE SIDEWALK, BUT THERE ARE TWO OWNERS, BUT THEY'RE, YOU KNOW, THE CITY AND THE PRIVATE OWNERS, BUT TH THE PICTURES SHOW US DISTINCTLY THAT THEY ARE CRACKS ALL OVER THE PLACE.

SO THERE'S A LOT OF, UM, I THINK THAT THE NOTICE IS PROBABLY WELL-FOUNDED BECAUSE THE CRACKS OUT ON BOTH SIDES REGARDLESS.

SO WE NEED TO DO SOMETHING ABOUT THAT FOR PUBLIC SAFETY PURPOSES.

ALL RIGHT.

I WILL CALL THE VOTE ON THIS.

THERE'S ANOTHER MOTION.

UM, ALL, UM, THE VOTE IS TO DENY THE APPEAL.

SO I'LL, I GUESS I'LL GO AROUND COMMISSIONER GREEN.

HOW DO YOU VOTE AND VOTE TO DENY? THANK YOU.

COMMISSIONER SELIG, COMMISSIONER THOMPSON DENIED COMMISSIONER FRANCIS, AND I VOTE TO DENY AS WELL.

AND COMMISSIONER FREIBERGER.

I VOTE TO DENY AND COMMISSIONER BENIGNO ABSTAINING, UM, COMMISSIONER MUELLER, DENY AND COMMISSIONER STILL STAND.

THANK YOU.

SO WE HAVE A, UH, DENIAL TONIGHT.

UM, THANK YOU, EVERYBODY THAT SHOWED UP TO DISCUSS THIS CASE AND HOPEFULLY EVERYTHING CAN BE RESOLVED.

WELL, THANK YOU SO MUCH COORDINATOR.

ALLIE, DO YOU WANT TO, ARE YOU READY FOR THE NEXT CASE? YES.

ITEM

[3. Case Number: OL 2022-000952]

NUMBER THREE, ON THE AGENDA IS A SHORT-TERM RENTAL APPEAL REGARDING PROPERTY LOCATED AT 6,700 RIPPLE RUN.

THIS CASE WAS PULLED FROM THE AGENDA AFTER THE AGENDA WAS POSTED AND WILL NOT BE HEARD THIS EVENING.

SO I'M GOING TO JUST, I JUST WANTED TO PUT THAT ON THE RECORD AND THEN I'M MOVING ON TO

[4. Case Number: CL 2022-117169]

ITEM NUMBER FOUR.

NEXT ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER CL 20 22 1 1 7 1 6 9.

THE PROPERTY IS LOCATED AT 8 4 0 8 BRIARWOOD LANE.

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

HERE ARE SOME FEW FACTS ABOUT THE CASE.

THIS CASE IS ABOUT A VACANT AND DILAPIDATED RESIDENTIAL STRUCTURE, WHICH IS ALSO HOMESTEADED.

THE CASE WAS INITIALLY OPENED IN FEBRUARY, 2021 AND HAS REMAINED IN VIOLATION SINCE THAT TIME, NO PERMITS HAVE BEEN OBTAINED TO DATE.

THE DILAPIDATED AND NEGLECTED STRUCTURE CONTINUES TO DETERIORATE AND REQUIRES DEMOLITION IN YOUR READERS OR GOOGLE DRIVE FOLDERS.

YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY,

[01:00:01]

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A MAP INDICATING THE DISTANCE TO THE NEAREST SCHOOL, A SNIP OF THE PERMIT HISTORY AND THE REQUIRED NOTICE OF VIOLATION.

NOTICE OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO G, AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.

BELINDA THOMPSON IS HERE TONIGHT TO PRESENT THE, THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED SPECTRA THOMPSON POLICE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS I'M CODE INSPECTOR, BELINDA THOMPSON WITH THE AUSTIN CODE DEPARTMENT CURRENTLY FOR THE NORTH DIVISION HERE TO TESTIFY FOR PROPERTY AT 84 0 8 LANE.

UM, ON FEBRUARY 5TH, 2021 AUSTIN CODE DEPARTMENT RECEIVED A RESIDENT COMPLAINT, 2, 3, 1, 1 ABOUT CONSTRUCTION BEING CONDUCTED WITHOUT A PERMIT AND THE STRUCTURE BEING UNOCCUPIED IN VACANT AND DETERIORATED BY THE DAY WHEN INITIAL INSPECTION WAS CONDUCTED ON FEBRUARY 5TH, 2021, UPON THE INITIAL INSPECTION, SEVERAL STRUCTURE INSPECTIONS WERE OBSERVED.

UH, THE FRONT OF THE STRUCTURE HAD ROTTED AND DETERIORATED FACIAL BOARDS.

THE GUTTERS, UH, OVERHEAD WAS OVER THE GUTTER OVERHANG.

I'M SORRY, UH, WAS ALSO DETERIORATED IN HANGING.

UM, THE ROOF WAS DETERIORATED IN DISREPAIR AND PART OF THE SIDE AND IT'S CRACKING WITHOUT PROTECTIVE TREATMENT.

AND THERE IS ALSO A HALL ON THE FRONT OF THE EXTERIOR WALL, OPEN TO THE ELEMENTS FOR RODENT AND PEST PEST ENTRY.

IF WE CAN MOVE TO THE EXHIBITS, EXHIBIT TWO A IS JUST A CONTEXTUAL PHOTO THAT WAS TAKEN ON AUGUST.

I BELIEVE IT SAYS EIGHT.

I CAN'T SEE THAT FAR, AUGUST 8TH, 2022.

THAT'S JUST A BASICALLY UPDATED PHOTOS SHOWING THE VIOLATIONS OF STAIRS OCCURRING AT THE PROPERTY.

WE CAN GO TO THE NEXT PHOTO EXHIBIT TWO B JUST SHOWS THE GUTTER.

YOU CAN ALSO SEE THE ROOF IN THE SHINGLES WHERE IT'S DETERIORATED.

THE FACIAL BOYD IS ALSO DETERIORATING.

THIS PHOTO YOU CAN GO TO THE NEXT EXHIBIT TO SEE IS JUST SHOWING YOU THE FRONT OF THE FACIAL BOARDS.

WHEN YOU CAN KIND OF STILL SEE THE GUTTER WHERE IT'S DETERIORATING THE FRONT OF THE PROPERTY ALSO HAS I'M ASSUMING WHERE THEY WERE STARTING TO WORK IN THE FRONT OF THE PROPERTY AND JUST LEAVE IT ON OCCUPIED NEXT EXHIBIT EXHIBIT TWO D IT'S JUST THE CLOSEUP PHOTO SHOWING THE FRONT OF THE STRUCTURE WHERE THE FRONT OF THE PROPERTY IS BOARDED AGAIN.

UM, NEXT EXHIBIT EXHIBIT TWO E YOU COULD SEE THE FRONT OF THE BOARD.

UM, ALSO YOU CAN SEE THE FACIAL BOARD ABOVE, UH, WHERE IT'S DETERIORATED AS WELL.

YOU CAN ALSO SEE THE SMALL HOLE ON THE EXTERIOR AND, UH, THE WALL IS A CHIPPING AND PEELING.

IT NEEDS PROTECTIVE TREATMENT, UM, TO, TO PREVENT DETERIORATION.

IF YOU GO TO THE NEXT EXHIBIT TWO, IF IT'S JUST A CLOSER PHOTO HILL ON THE EXTERIOR WALL, YOU CAN ALSO SEE WHERE THE EXTERIOR WALL IS, UH, CRACKING DUE TO, UH, UNPROTECTIVE TREATMENT ON THE EXTERIOR WALL.

NEXT EXHIBIT TWO G YOU CAN SEE, UM, A CLOSEUP OF THE TOP OF THE ROOF AREA WHERE IT'S IN DISREPAIR.

THE SHINGLES ARE SEVERELY DISH REPAIRED AND IT'S DETERIORATING, UH, AT THE TOP OF THE ROOF AREA AS WELL.

NEXT EXHIBIT, UM, ALSO WANTED TO POINT OUT A COUPLE OF THINGS.

UH, SO I HAVEN'T HAD ANY RESPONSE FROM THE PROPERTY OWNER AND HAVE DOCUMENTED NO IMPROVEMENT SINCE THE CASE HAS BEGAN.

THE HOUSES, UH, ALSO CONTINUED WEIGHT, CONTINUING TO DETERIORATE AND CREATING A NEIGHBORHOOD BLIGHT.

UH, THE NEIGHBORHOOD IS ENTIRELY A SINGLE FAMILY, RESIDENTIAL AREA WITH A LOT OF PEDESTRIAN USE.

THE PROPERTY IS VERY CLOSE TO A PUBLIC SCHOOL AND COMMUNITY GARDEN IS SHOWN ON THE MAPS.

UM, THE REASON I'M REQUESTING A DEMOLITION AND NOT A REPAIR IS DUE TO THE PROPERTY OWNER, NEGLECTING THE PROPERTY AND HAS SHOWN NO EFFORTS ON TRYING TO MAKE THE NECESSARY REPAIRS.

UH, THE PROPERTY HAS BEEN VACANT NOW FOR OVER A YEAR AND A HALF, AND IS A SAFE SAFETY CONCERN FOR CHILDREN IN THE AREA, AS WELL AS VAGRANTS, UH, TRYING TO GAIN ACCESS TO THE VACANT PROPERTY POSSIBLY IN THE FUTURE DUE TO WINTER APPROACHING, UM, THAT, UH, IS THE END OF MY PRESENTATION.

AND I'M OPEN FOR ANY QUESTIONS.

[01:05:01]

THANK YOU.

UM, JUST, YES, GO AHEAD.

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

STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO G STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, ALONG WITH ANY ACCESSORY STRUCTURES AND REMOVES DEBRIS LEAVING THE LOT CLEAN AND RAKED, SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.

THE LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.

THANK YOU.

I'LL ADMIT, UM, STAFF'S EXHIBIT ONE AND THE PHOTOGRAPHS MARKED AS EXHIBITS, UH, TWO A THROUGH TWO PEW.

I'M SORRY.

UM, LET'S MAKE SURE TO GG 2 8 3 2 G.

THANK YOU.

UM, JUST TO MAKE SURE, DO WE HAVE ANYBODY HERE TONIGHT FOR THIS PROPERTY? EIGHT EIGHTFOLD EIGHT BRIAR WOOD.

OKAY.

NOBODY HERE.

SO, UM, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR INSPECTOR TO ROCHE OR STEP ONE? ALRIGHT, GO AHEAD, COMMISSIONER.

AND YOU'VE HAD NO CONTACT, NO RESPONSE FROM THE PROPERTY OWNER AT ALL, NO WRITTEN