* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [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 RESPONSE VOICEMAILS. 
          UM, THE ONLY COMMISSION I'VE EVER HAD WITH A WAS JUST TWO CONTRACTORS. 
          ONE EARLIER THIS YEAR, FEBRUARY 9TH, 2022, THEY WERE TRYING TO HELP THE OWNER, UH, OBTAIN THE BUILDING PRIMATES FOR THE WORK THAT THEY WERE GOING TO START TO REPAIR THE STRUCTURE. 
          UM, I'VE ALSO TOLD THAT CONTRACTOR TO, YOU KNOW, HAVE THE OWNER REACH OUT TO ME, UM, AND NEVER HEARD ANYTHING. 
          APPARENTLY IT WAS SUPPOSED TO BE UNDER PRORATE FOR A WHILE DUE TO THE FATHER PASSING, BUT STILL HAVEN'T HEARD ANYTHING FROM THE OWNER. 
          THANK YOU. 
          YOU'RE WELCOME. 
          OKAY. 
          THANKS. 
          UM, COMMISSIONER FRYBERGER. 
          YES. 
          THANK YOU. 
          MADAM CHAIR. 
          UM, THIS WAS A QUESTION POSSIBLY FOR A DIVISION MANAGER MORE SO I'M CONCERNED THAT DEMOLITION IS THE ONLY THING THAT'S BEING RECOMMENDED RIGHT NOW. 
          UH, ARE THERE ANY OTHER STEPS THE CITY COULD TAKE TO SECURE THIS PROPERTY? I UNDERSTAND THE SAFETY CONCERN. 
          UM, I DON'T KNOW IF THERE'S POSSIBLY A FIRE CONCERN, BUT IT JUST SEEMS EXTREME IF THIS PROPERTY IS SALVAGEABLE TO, TO BASICALLY TAKE A LIVING UNIT OUT OF CIRCULATION, POSSIBLY PERMANENTLY, UH, DIVISION MANAGER, AUSTIN CODE, ROBERT MOORE. 
          UM, I AGREE. 
          I MEAN, IT IS SOUND, BUT WHEN WE LOOK AT THESE, WE THINK ABOUT THE IMPACT OF THE COMMUNITY. 
          AND WHEN WE GO FOR A DEMO ON A STRUCTURE THAT IS SOUND IT'S TYPICALLY BECAUSE IT'S A NUISANCE, RIGHT. 
          AND IT'S, YOU KNOW, IT'S, UH, I SOAR, BUT, UM, YOU KNOW, PEOPLE ARE CONSTANTLY BREAKING INTO THESE THINGS AND JUST CAUSING ISSUES IN, IN MONEY FOR THE CITY AND TAXPAYERS TO HAVE TO KEEP BOARDING IT UP AND WHATNOT. 
          SO, UH, WHEN WE DO HAVE A PROBLEM PROPERTY OF THIS MAGNITUDE, WE GO FOR DEMO, UH, BECAUSE WE JUST FEEL LIKE THERE'S NOT ANY HOPE FOR, UM, REPAIR, YOU KNOW, UM, THE OWNER'S BEEN, HAVEN'T HEARD FROM THEM AT ALL. 
          THEY HAVE NOT BEEN INVOLVED IN THIS. 
          AND SO, UM, W INSTEAD OF GOING AND GETTING THESE PENALTIES THAT JUST ACCRUE IN A CREW AND A CREW IN A CREW AND GET UP TO WHO KNOWS WHAT, BY THE TIME WE'RE READY TO MOVE, UH, YOU KNOW, IT'S JUST GOING TO DETERIORATE MORE AND MORE. 
          SO THAT'S TYPICALLY WHEN WE GO FOR DEMO ON SOMETHING LIKE THIS. 
          THANK YOU. 
          UM, COMMISSIONER FRANCIS. 
          YEAH. 
          I AGREE WITH COMMISSIONER FOR OUR PROGRAM DISTRAUGHT A LITTLE BIT BECAUSE OF THIS BEING IN SUCH GOOD CONDITION. 
          UM, WHEN YOU SAID THAT THERE HADN'T BEEN ANYBODY 
          [01:10:01]
LIVING THERE FOR A YEAR AND A HALF, IS THAT BASED ON UTILITY CONSUMPTION? FROM MY UNDERSTANDING, IF, UM, FROM THE BEGINNING OF THE CASE, IT'S BEEN UNOCCUPIED SINCE, UH, WE FIRST RECEIVED THE COMPLAINT. 
          SO YEAH, THERE'S NO BIG TO MY UNDERSTANDING, NO ELECTRICITY, NO ONE LIVE IN THERE. 
          SO YOU UNDERSTANDING, OR WE'RE VERIFIED THAT THERE'S NO UTILITIES. 
          I DIDN'T CHECK THE ELECTRICITY REPORT FOR THAT. 
          YEAH. 
          AND THAT'S NOT NORMALLY WITHIN YOUR SCOPE. 
          YES. 
          IT'S NOT IN MY SCOPE OF WORK TO CHECK TO VERIFY FOR ELECTRICITY, WHETHER IT'S ON OFF, IT'S NOT WITHIN OUR SCOPE TO VERIFY IF THERE'S UTILITIES TO THE PROPERTY. 
          OH YEAH. 
          I MEAN, TYPICALLY WE DO, BUT I'VE CLEARLY CHECKED WITH, YOU KNOW, I'VE ASKED AROUND THE NEIGHBORS, THE NEXT DOOR NEIGHBORS. 
          NO, ONE'S OCCUPIED THE HOUSE EVER SINCE I INHERITED THE CASE, WHAT WOULD YOU SEEM LIKE VALIDATING THE UTILITIES AND WHERE THOSE UTILITY BILLS MIGHT BE GOING? IS THERE SOME CORRELATION WITH THE ADDRESS AND TAX RECORDS? I'M JUST ASKING BECAUSE IT WOULD SEEM LIKE WAS HE LAYING GARRETT ASSISTANT DRAEGER FOR THE AUSTIN CODE DEPARTMENT? UM, IT MO MOST OF THE TIME WE WILL CHECK UTILITIES IF WE WERE ABOUT TO ABATE THE PROPERTY AND WE'RE GOING TO TAKE AN ENFORCEMENT ACTION ON THE PROPERTY IF IT'S OCCUPIED, OR IF IT'S OCCUPIED, UH, IF IT'S NOT OCCUPIED, THAT'S NOT A PRACTICE THAT WE DO, BUT WE CAN, WE DO HAVE THE ABILITY TO CHECK IT. 
          UM, AND THIS CASE WE DIDN'T, WE HADN'T HAD ANY COMMUNICATION WITH THE OWNERS. 
          UH, THE ONLY ONE WE HAD WAS, UH, EVIDENTLY WITH A CONTRACTOR, UH, THE CASE HAS BEEN WITH US A LITTLE OVER A YEAR. 
          WELL, IT WOULD SEEM LIKE BEFORE YOU DEMO, THOSE THINGS HAVE TO BE DEALT WITH RIGHT. 
          GAS, WATER ELECTRIC. 
          SO THERE IS GOING TO BE THAT MOMENT WHEN YOU'RE GOING TO ARRIVE AT THAT JUNCTURE. 
          I DON'T KNOW. 
          IT JUST SEEMS A LITTLE PREMATURE TO GO THERE AND THEN GO, OH, LOOK, THERE'S A DIFFERENT ADDRESS. 
          I DON'T KNOW. 
          I'M JUST THROWING THAT OUT THERE. 
          THAT MAKES SENSE. 
          YES, OF COURSE. 
          I UNDERSTAND. 
          UM, YES. 
          COMMISSIONER SILICA. 
          SO HAVE YOU IN THE INSPECTION, DID YOU JUST EXAMINE THE EXTERIOR OR WERE YOU ABLE TO LOOK INSIDE TO SEE WHAT THE CONDITION OF THE PROPERTY IS? INSIGHT I'VE ONLY INSPECTED THE EXTERIOR, WHICH WAS THE, HOW THE COMPLAINT CAME IN. 
          I'VE ONLY INSPECTED THE FRONT. 
          NO, SIR. 
          FROM SEEING THE FRONT OF THE PROPERTY, THERE IS NO WINDOW. 
          THERE IS NO WAY TO LOOK THROUGH THE DOOR TO SEE, AND THEN BEING AT THE FRONT OF THE STRUCTURE IS BOARDED. 
          THERE WAS NO WAY FOR ME TO LOOK INSIDE OF, YOU KNOW, A DOOR WINDOW TYPICALLY IS WHAT WE USUALLY DO WITH, UH, STRUCTURE IS VACANT. 
          THANK YOU. 
          YOU'RE WELCOME. 
          OKAY. 
          UM, COMMISSIONED A MUELLER. 
          YES. 
          UM, I THINK SOMEONE MENTIONED EARLIER THAT THIS PROPERTY THAT SOMEONE HAD PASSED AWAY, WHO MIGHT'VE BEEN THE MAIN OCCUPANT OF THE PROPERTY, IS THAT YES. 
          GIVE ME ONE SECOND. 
          OKAY. 
          SO ON FEBRUARY 9TH OF THIS YEAR, UH, I RECEIVED AN EMAIL FROM JOHN KAPLAN FROM URBAN BUILDING SERVICES, WHO WAS THE BUILDING, UH, WAS GOING TO ASSIST THE PROPERTY OWNER. 
          AND HE DID STATE THAT THE PROPERTY OWNER WAS CURRENTLY GOING THROUGH PRORATE AT THE TIME. 
          UM, AND DUE TO HIS FATHER PASSING THAT'S, I'M ASSUMING THEY, UM, IT'S OH, IF YOU CHECK THE TEEKAT IT SHOWS THAT SIMON RAY, WHO IS THE SON WHO NOW HAS, IS THE PROPERTY OWNER OF THE PROPERTY, I GUESS I WAS ASKING, BECAUSE I JUST WANTED TO BE SURE THAT THIS ISN'T THE PART OF THE PROBLEM ISN'T THAT, UM, IT'S STILL IN PROBATE OR THERE'S SOME LEGAL ISSUES, CONFUSION ABOUT, UM, YOU KNOW, THE HEIRS TO THE PROPERTY OR OTHER THINGS THAT ARE PART OF WHY IT ACTION HASN'T BEEN TAKEN BECAUSE THERE ARE RESOURCES IN THE COMMUNITY WE COULD DIRECT THE OWNER TO IF THAT'S THE CASE. 
          UM, UH, OF COURSE THEY WOULD HAVE TO READ THEIR MAIL TO THE PROPERTY, WHICH IS UNFORTUNATELY THEY DON'T SEEM TO BE DOING, YOU WANT ME TO ADD? YES. 
          THE TITLE SEARCH DOES SHOW THAT THE SUN HAS, HAS DEED TO THE PROPERTY. 
          YEAH. 
          SO THERE IS NO ISSUE AS FAR AS, UM, UH, TITLE OWNERSHIP IS CONCERNED IS THE CLARIFICATION HERE. 
          SO THERE SHOULDN'T BE ANY PROBATE CASE HOLDING UP, UM, THE SON'S ABILITY TO TAKE CARE OF THE PROPERTY BECAUSE IT'S ALREADY IN 
          [01:15:01]
HIS NAME. 
          OKAY. 
          UM, I THINK THE ONLY QUESTION I HAD WAS, UM, AFTER THAT CONTACT IN FEBRUARY DID, UH, BY MR. KAPLAN, UM, DID ANYBODY ELSE TRY TO FOLLOW UP WITH YOU? OH, I KNOW THE OWNER DIDN'T BUT DID ANYBODY ELSE, LIKE THE CONTRACTOR MR. GARCIA OR THAT MR. KAPLAN THAT WAS, LOOKS LIKE FROM NO. 
          THAT WAS THE LAST COMMUNICATION I'VE HAD WITH ANY CONTRACTOR TRYING TO HELP, UH, WITH THE OWNER. 
          UM, AS FAR AS THE BEGINNING OF THE YEAR OF 2021, WHEN I FIRST, THE FIRST CONTRACTOR HR GARCIA. 
          UM, SO YES, THAT WAS THE LAST COMMUNICATION I'VE HAD WITH ANYONE TRYING TO ASSIST THE PROPERTY OWNER. 
          RIGHT. 
          AND, UM, YOU, YOU SAID YOU KIND OF WENT AROUND THE NEIGHBORHOOD AND ASK QUESTIONS BECAUSE IT WAS A NEIGHBOR THAT FILED A COMPLAINT. 
          YES. 
          UM, AND DID THEY SAY ANYTHING ABOUT ANY ACTIVITY THERE BY SOMEBODY THAT SEEMED TO BE THE OWNER? NO. 
          THEY DIDN'T STATE ANYTHING WEATHER. 
          I MEAN, JUST FROM GOING TO INSPECTIONS, CLEARLY SOMEONE IS, I DON'T KNOW IF IT'S NEIGHBORS OR NOT, BUT THEY'RE MAINTAINING THE GRASS, AT LEAST ON THE FRONT AND THE BACK OF THE PROPERTY FROM WHERE I CAN SEE FROM MY VANTAGE POINT. 
          UM, BUT YES, THEY HAVEN'T STATED, YOU KNOW, PROPERTY OWNER OR THE PROPERTY TO MAINTAIN IT. 
          OKAY. 
          THANK YOU. 
          AND MY FINAL QUESTION FOR COMMISSIONER, I MEAN, FOR, UM, COORDINATOR ALLEY, SO THE MAIL THEY SIM SITE, THE LAST NOTICE THAT YOU SENT OUT FOR THIS HEARING, WHEN UNCLAIMED, IS THAT RIGHT? YES. 
          IT SAID THERE WERE, I BELIEVE THERE WAS NO MAILBOX. 
          JAMES POINTED THAT OUT TO ME. 
          IT, I CAN'T REMEMBER THE INITIALS THAT THEY PUT ON THE MAIL, BUT IT WAS SOMETHING LIKE NO MAIL RECEPTACLE. 
          OKAY. 
          OKAY. 
          AND PRIOR TO THAT, WERE YOU SUCCESSFUL IN, UM, SENDING ANYTHING TO THE OWNERS PRIOR? WE HAVE, HAVE A CERTIFIED MAIL RETURN RECEIPT FROM THE NOV, BUT IT WAS PROBABLY DURING COVID BECAUSE THEY DIDN'T, THEY CAN DELIVER WITHOUT SIGNATURE. 
          RIGHT. 
          OKAY. 
          ALL RIGHT. 
          THANK YOU. 
          I THINK, UH, YOU KNOW, TH THE OWNERS, OH, COMMISSIONER FRYBERGER, I'M SORRY TO INTERRUPT. 
          UH, ACTUALLY I WANTED TO ASK, UM, PERHAPS MELANIE ALLIE OR, OR ATTRITION LINK, WHAT IS THE MAXIMUM PENALTY WE COULD ASSESS IF WE WERE TO REVISE THIS TO REPAIRS? IT IS, IT DOES APPEAR TO BE HOMESTEADED, WHICH IS KIND OF A PUZZLE. 
          LET ME SEE HOW MANY VIOLATIONS AROUND THE THERE ARE THREE STRUCTURAL VIOLATIONS, SO IT'S $10 A DAY PER VIOLATION. 
          SO $210 A WEEK. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          WELL, UM, SINCE THE OWNERS REPRESENTATIVES ARE NOT HERE, I THINK THE ONLY THING WE CAN DO IS GO STRAIGHT TO CONSIDERING THE PROPOSAL OF, UM, STAFF. 
          IF YOU'RE READY FOR A MOTION, I'D LIKE TO MAKE ONE I'LL HONOR EMOTION, PLEASE DO. 
          OKAY. 
          I MOVED TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TO REVISE THE RECOMMENDED ORDER. 
          SO THAT, UM, NUMBER ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED TO OBTAIN AND FINALIZE ON NECESSARY PERMITS, TO REPAIR ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, ALONG WITH ANY ACCESSORY STRUCTURES AND REMOVE AS DEBRIS, ANY DEBRIS LEAVING THE LOT, CLEAN AND RAPED AND TO REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE. 
          AND ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, THEN TO ASSESS A PENALTY OF $210 A WEEK. 
          AND, UM, I DON'T HAVE THE LANGUAGE IN FRONT OF ME FOR ALL THE INTERESTS THAT WOULD ACCRUE. 
          UM, BUT ALL THE USUAL LANGUAGE THAT WOULD GO ALONG WITH THAT, IF NEED BE, MAYBE I COULD FIND THAT ON ANOTHER ORDER TO READ THAT THE RECOMMENDED ORDER SHOULD BE IN, OH, YOU WOULD NEED, UH, I NEED THE LANGUAGE THAT WOULD TALK ABOUT PENALTIES, SEE WHAT WE HAVE ON HERE. 
          THAT'S A REPAIR SECOND. 
          AND REMEMBER THAT PROPERTY OWNER SHE'LL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED 
          [01:20:01]
TO ASSESS ALL EXPENSES OCCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY TEXAS CONSTITUTION. 
          LOOK AT THE RECOMMENDATION FOR SAN GABRIEL, WHICH IS THE NEXT CASE. 
          YOU'D LOOK IN THAT AT THE THAT'S A REPAIR ORDER. 
          YOU'D LOOK, THE RECOMMENDATION IS FOR REPAIR FOR SAN GABRIEL. 
          OKAY. 
          SO ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $210 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTRO SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL. 
          SO THAT'S MY MOTION. 
          OKAY. 
          UM, IS EVERYBODY CLEAR ON THE MOTION AND, UM, ATTORNEY LINK? UH, WE, I BELIEVE THE MOTION IS ESSENTIALLY WHAT WAS RECOMMENDED EXCEPT FOR, INSTEAD OF DEMOLISH, WE'RE TALKING ABOUT REPAIRS. 
          YES. 
          OKAY. 
          THANK YOU. 
          AND SO WE HAVE A MOTION AND WE HAVE A SECOND. 
          SO ANY OTHER COMMENTS BEFORE I CALL THE VOTE? WELL, FOR DISCUSSION NOW, CORRECT. 
          SO WHAT'S THE NEXT THEN STEP AT WHAT POINT DOES THAT GET TO CRITICAL MASS WHERE THAT BECOMES EVEN MORE OF A PUBLIC NUISANCE? DOES THAT MAKE SENSE? AND WHAT, WHAT WOULD BE THAT PROTOCOL FROM THERE? UH, CREDIT DIVISION MANAGER, RUBBER MORE, UM, WE COULD DO A BUNCH OF DIFFERENT THINGS, BUT, YOU KNOW, DEPENDING ON HOW BAD IT GOT DETERIORATED, I MEAN, WE COULD ALWAYS BRING IT BACK, YOU KNOW, A YEAR OR SO LATER AND ASK FOR A DEMO AGAIN. 
          UM, OR, UM, HOPEFULLY, YOU KNOW, THEY GET MOTIVATED AND, AND REPAIR THIS THING. 
          IF NOT, UM, THEN WE WOULD PROBABLY HAVE TO PUSH IT FOR LIKE A JUDGMENT TO GO TO DISTRICT COURT AND GET LIKE A JUDGMENT OR A COURT ORDER FOR REPAIR THOSE TYPES OF THINGS. 
          THAT'S KIND OF OUR END GAME AVENUES. 
          SURE. 
          OKAY. 
          THANK YOU. 
          ALRIGHT. 
          UM, YOU HAD A COMMON COMMISSION, A GREEN, GO AHEAD. 
          UH, YEAH. 
          HOW CLOSE TO THE SCHOOL IS IT? AND HAS THERE BEEN ANY, DO WE KNOW IF THERE'S BEEN ANY, UH, UH, CRIMINAL ACTIVITY THERE OR ANY, UH, CALLS TO APD? UH, I, I'M NOT SURE ABOUT THE APD. 
          I KNOW IT IS 162 D UH, FEET FROM THE PERIMETER OR THE LAND AND 300 AND SO FEET FROM 30 TO 35 FROM THE, TO THE SCHOOL. 
          THANK YOU. 
          SO WE'RE NOT REALLY, WE'RE TALKING ABOUT MAYBE A NUISANCE. 
          UM, I WANTED TO HEAR FROM FIRE MARSHALL VOGUE, WHAT DO YOU THINK ABOUT, UM, THE LEVEL OR EXTENT OF HAZARD TO THE SURROUNDING BUILDINGS OR SO, YOU KNOW, OUR MAIN CONCERN IS IF THERE'S INTRUSION IN THE BUILDING. 
          AND SO RIGHT NOW WE DON'T SEE ANY SIGNS OF INTRUSION IN THE BUILDING, BUT WE KNOW THAT CHANGES VERY QUICKLY. 
          SO, UH, ONCE WE HAVE ANYBODY OCCUPYING THE BUILDING, UM, YOU KNOW, THAT'S WHEN WE REALLY HAVE CONCERNS AS IT SITS RIGHT NOW, IF IT STAYS FULLY BOARDED UP, IT'S LESS OF A CONCERN BECAUSE THERE'S NOT SIGNIFICANT IGNITION SOURCE. 
          UM, BUT YOU ALSO KNOW THAT, YOU KNOW, IF A FIRE DOES START IN THAT BUILDING, FOR WHATEVER REASON, UM, IT'S GOING TO BE DELAYED A NOTICE NOTICE USUALLY, AND, YOU KNOW, THERE'S POTENTIAL FOR, FOR STRUCTURAL DAMAGE TO THE ADJACENT STRUCTURES. 
          UM, AGAIN, YOU KNOW, THE MAIN CONCERN BEING AS LONG AS THE BUILDING STAYS SECURED. 
          SO, YOU KNOW, MY CONCERN IS, IS WE GO DOWN THE ROAD. 
          IF, IF IT'S NOTED THAT IT'S NOT SECURED, THEN YOU KNOW, I THINK THAT HEIGHTENS THE LEVEL AND I THINK IT WOULD WARRANT BRINGING IT BACK SOONER THAN A YEAR. 
          THANK YOU VERY MUCH. 
          UM, MY MAIN CONCERN IS ABOUT GETTING, MAKING SURE THE NOTICES ARE GETTING THROUGH IS SIMILAR TO YOUR CONCERN. 
          UM, COMMISSIONER FRANCIS, I BELIEVE WE'VE HAD THESE TYPES OF DISCUSSIONS BEFORE ABOUT WHAT IS THE ADDRESS THAT'S REQUIRED FOR THE NOTICES. 
          AND IT'S TYPICALLY THE ADDRESS ON THE APPRAISAL DISTRICTS, UM, UM, RECORD FOR THE TAX STATEMENTS TO GO OUT TO, AM I RIGHT? OKAY. 
          SO MY CONCERN IS IF THERE IS NO MAIL RECEPTACLE, SO THEN THE MAIL IS PROBABLY BEING HELD AT THE POST OFFICE, EXCEPT THIS TIME THEY RETURNED THIS PARTICULAR ONE. 
          UM, SO WE JUST WANT A RESOLUTION AND I DON'T KNOW 
          [01:25:01]
WHAT TYPE OF ADDITIONAL EFFORT, UH, STAFF IS ABLE TO PUT IN TO FIND AN ALTERNATIVE ADDRESS. 
          THAT WAS MY CONCERN, BUT IF WE'RE DOING REPAIRS AND SENDING THIS DECISION OUT TONIGHT AND NOBODY GETS THIS, THEN WE'LL BE BACK. 
          YOU'LL BE BACK HERE SOON. 
          YEAH. 
          SO THOSE ARE MY THOUGHTS. 
          UM, MISS ALLIE, IS THERE ANYTHING ADDITIONAL THAT COULD BE, WHAT WAS THE QUESTION? I'M SORRY, LET ME TAKE THAT RUBBER RUBBER MORE. 
          UM, JUST, JUST SO YOU KNOW, WE DID SEND IT TO THREE ADDRESSES THAT WE HAD. 
          I MEAN, WHEN WE RUN TITLE REPORTS, IF WE FIND ANY OTHER ADDRESS, YOU KNOW, PROPERTY THAT WE KNOW, NO ONE'S GOING TO GET IT. 
          I MEAN, THAT'S OUR, THAT'S WHAT WE HAVE TO DO. 
          THAT'S WHAT REQUIRED OF US. 
          UM, BUT, BUT WE GO ABOVE AND BEYOND COURTESY AND WE TRY TO GET IT OUT TO AS MANY PEOPLE AS WE CAN. 
          AND THAT'S WHERE THE TITLE REPORT COMES. 
          IT'S SOMETIMES OPEN UPS, SOME NEW ADDRESSES FOR US TO TRY TO ATTEMPT TO GET COMPLIANCE WITH. 
          SO IT DID GO TO THREE DIFFERENT ADDRESSES. 
          OKAY. 
          THAT, THAT WORKS. 
          UM, DOES THAT HELP? ALL RIGHT, I'LL CALL THE VOTE. 
          UM, I'LL START AGAIN WITH YOU. 
          COMMISSIONER GREEN. 
          ARE YOU IN FAVOR OF, UH, YOU KNOW, THE, THE MOTION THAT'S IN FRONT OF US? I'M IN FAVOR, COMMISSIONER SALAD, COMMISSIONER THOMPSON AND COMMISSIONER FRANCIS. 
          OKAY. 
          AND I'M ALSO IN FAVOR AND COMMISSIONER FRYBERGER. 
          I AM IN FAVOR AND COMMISSIONER BENIGNO IN FAVOR, PROBABLY SHANNON, MUELLER AND FAVOR, AND COMMISSION HAS STILL SAID, THANK YOU. 
          ALL RIGHT. 
          UH, THE MOTION PASSES. 
          THANK YOU SO MUCH. 
          OKAY. 
          ON THE NEXT ITEM ON THE, THEN WE'RE GOING TO SKIP DOWN TO ITEM NUMBER SEVEN. 
          CAUSE 
          [7. Case Number CL 2022-118167]
I BELIEVE THERE IS AN OWNER OR NOT HERE OR OWNER'S REPRESENTATIVE. 
          SO INSTEAD OF HAVING, UM, THE OWNER SIT AROUND FOR TOO LONG, WE CAN MOVE THAT ONE UP. 
          WHAT DO YOU THINK? YES, PLEASE. 
          THANK YOU. 
          GOODBYE MICROPHONE ON ITEM NUMBER SEVEN ON THE AGENDAS REGARDING A MULTIFAMILY PROPERTY IN THE REPEAT OFFENDER PROGRAM LOCATED AT 5 0 2 WEST LONGSPUR BOULEVARD, ALSO KNOWN AS 5 0 2 NORTH APARTMENTS TONIGHT. 
          YOU'LL BE HEARING TESTIMONY REGARDING BUILDING FOUR. 
          SPECIFICALLY, THE CASE NUMBER IS CL 20 22 1 1 8 1 6 7. 
          THE EXHIBITS CAN BE FOUND IN THE TEAL BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER. 
          HERE ARE A FEW FACTS ABOUT THE PROPERTY. 
          THIS PROPERTY IS IN THE REPEAT OFFENDER PROGRAM. 
          THIS CASE WAS OPENED IN OCTOBER, 2021. 
          AS THE RESULT OF A PERIODIC INSPECTION, THE STRUCTURE HAS SUBSTANDARD AND UNSAFE CONDITIONS REQUIRING REPAIR. 
          AND YOUR READERS ARE IN YOUR GOOGLE DRIVE FOLDER. 
          YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURAL MAP OF THE PROPERTY, IDENTIFYING BUILDING FOR THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TO Z. 
          AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR. 
          ERIC FENN IS ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS VIOLATIONS AS DEPICTED INSPECTOR FIN, PLEASE BEGIN YOUR TESTIMONY. 
          GOOD EVENING, MADAM CHAIR AND COMMISSIONERS AM CALLED INSPECTOR ERIC FAN ASSIGNED TO THIS CASE. 
          THIS PROPERTY HAS PRESENTED TODAY, EXCUSE ME TO PROPERTY PRESENT IT TODAY IS AN ACTIVE REPEAT OFFENDER YEAR, TWO PROPERTY, UM, EXCUSE ME. 
          AND IT CONCERNS A COMMERCIAL MULTI-FAMILY APARTMENT COMPLEX THAT HAS NINE BUILDINGS. 
          HOWEVER, THE BUILDING BEING DISCUSSED AND PRESENTED TODAY AS BUILDING FOUR, WHICH IS A THREE STORY BUILDING APARTMENT. 
          THIS CASE IS, IS THE RESULT OF A PERIODIC, UH, INSPECTION CONDUCTED BY INVESTIGATOR JATI SAUNA BACK ON OCTOBER THE 22ND, UH, 2021 
          [01:30:02]
ON MARCH, THE THIRD INVESTIGATOR HILDA MARTINEZ ATTEMPTED TO CONTACT AND DISCUSS DEFICIENCIES FOR BUILDING FOR WHAT THE PROPERTY MANAGER, ASHLEY , BUT SHE WAS UNAVAILABLE AT THE TIME. 
          HOWEVER, INVESTIGATOR MARTINEZ WAS ABLE TO CONTACT THE MAINTENANCE STAFF ONSITE AND WALK THE PREMISES FOR BUILDING FOUR AND OTHERS AND POINT OUT OTHER ISSUES AT THIS BUILDING ON AUGUST THE NINTH OF 2022, I CONDUCTED A FOLLOW-UP INSPECTION, UH, WHICH WERE PRE PRESENTED IN THE PHOTOS TODAY. 
          UM, AFTER THAT INSPECTION, I ATTEMPTED TO CONTACT THE PROPERTY MANAGER, UH, MS. ZUNIGA. 
          UM, HOWEVER, SHE WAS AGAIN ON AVAILABLE, UH, TO DISCUSS THE DEFICIENCIES FOR THE BUILDING. 
          UH, LEGAL NOTICE WAS SENT ON AUGUST THE 27TH OF 2021 AND POST IT ON MARCH 3RD, 2022. 
          I ALSO WANT TO ADD ON AUGUST THE 19TH OF 2022, I MET WITH THE PROPERTY MANAGER, MS. ZUNIGA, AND SHE AGREED TO WALK THE PREMISES TO DISCUSS THE FINDINGS FOR THE DEFICIENCIES THAT BUILDING FOR WE'LL START WITH THE PHOTOS FIRST PHOTO. 
          THIS IS A CONTEXTUAL VIEW OF THE ENTRANCE TO THE APARTMENT COMPLEX AT 5 0 2 WEST LONGSPUR BOULEVARD. 
          NEXT PHOTO, TO SEE CORRECTION, TO BE ENSUED B TO B AND TO C OR CORRECTION. 
          THIS IS A CONTEXTUAL VIEW OF THE, UH, FRONT FRONT SIDE OF BUILDING FOUR. 
          AND MOVING ON TO TWO C AND TWO D THESE ARE RELATED PHOTOS IN THESE PHOTOS, YOU WILL SEE THE, UH, AC UNITS, UH, WHICH ONE OF THEM IS A NEWEST ELATION. 
          AND YOU WILL SEE WHERE ONE HEVC HAS A SHOWS NEGLECT FOR REPAIR OF OUTDOOR EXPOSED ELECTRICAL WIRES, WHICH ARE DETACHED FROM THE CONDUIT NEXT PHOTO, WHICH IS PRESENTED IN THIS PHOTO. 
          NEXT PHOTO PHOTOS, TWO E AND TWO F ARE RELATED. 
          THIS SHOWS A, UH, ELECTRICAL LIGHT UNIT, WHICH IS HANGING FROM ELECTRICAL WIRES FROM A HOLE IN THE WALL AT THE ONE OF THE UNITS HERE. 
          NEXT PHOTO. 
          UH, THIS IS JUST A CONTEXTUAL VIEW SHOWING, UH, THE, THE PORCH AREA, LOWER PORCH AREA, WHERE THE, UH, LIGHTENED FIXTURE IS HANGING FROM A UNIT 4,103 NEXT FOLD. 
          THIS IS A CONTEXTUAL VIEW OF THE FRONT SIDE OF BUILDING FOUR BETWEEN UNITS 4 1 0 3 AND 4 1 0 2. 
          UH, AND YOU WILL SEE IN THIS PHOTO WHERE IT HAS A RAIN GUTTER THAT IS DETACHED ON ONE SIDE, AND YOU WILL SEE THAT 90 DEGREE, UH, ELBOW ELBOWS ARE MISSING, UH, ON BOTH SIDES IN THIS FOIL. 
          NEXT PHOTO. 
          THIS PICTURE IS A CONTEXTUAL VIEW, UH, ADJACENT TO UNIT 4, 1 0 3, WHICH CELLS WHERE A PATCHWORK OR REPAIR WORK, RIGHT. 
          IT WAS ATTEMPTED. 
          AND YOU SEE A CRACK IN THE CEILING THERE, AND YOU CAN, UH, CLOSELY YOU'LL SEE THAT THE DEBT LIGHTING FIXTURES ALSO SOMEWHAT DETACHED FROM THE WALL AS WELL AS FROM THE, UH, THE FIXTURE ITSELF. 
          NEXT PHOTO. 
          UH, THIS HAS BENEATH THE SAME AREA, WHICH SHOWS AN ELECTRICAL OUTLET. 
          THAT'S MISSING THE COVER, AND THERE'S A WATER SPIGOT MISSING A BACKFLOW DEVICE. 
          AND IT WAS ALREADY DETERMINED THAT THE ELECTRICAL SOCKET THAT IS NOT COVERED IS NOT WORKING NEXT PHOTO. 
          THIS IS JUST A, AN OVERALL CONTEXTUAL VIEW OF THE SAME AREA, SHOWING MORE STRUCTURAL DAMAGE TO THE, ON THE CEILING BY UNITS ONE, 403 OF THE SAME AREA AND THE SAME LIGHTING FIXTURE. 
          NEXT PHOTO. 
          THIS IS A CONTEXTUAL VIEW OF THE ELECTRICAL MIDDLE BOXES AT BUILDING FOUR NEXT PHOTO. 
          AND THIS PHOTO YOU'LL SEE WHERE THE ELECTRICAL SAFETY PLATES ARE MISSING UNDERNEATH A FEW OF THE BOXES AT JUST LOCATION, UH, WHICH PRESENTS A HAZARD. 
          UH, IF YOU HAVE, YOU KNOW, YOUNG KIDS AND WHATNOT PLAYING AROUND, YOU DON'T WANT PEOPLE AT ALL TOUCHING THESE WIRES AND GETTING HURT NEXT PHOTOS. 
          THIS IS ANOTHER AREA SHOWING, UH, ACRONYM MISSIONERS ON AT THE SAME BUILDING, UH, WHERE YOU SEE ONE IS RESTING ON ROCKS AND IS NOT LEVEL NEXT PHOTO. 
          AND AGAIN, YOU SEE MORE ELECTRICAL BOXES THAT DO NOT HAVE THE SAFETY 
          [01:35:01]
PLATE UNDERNEATH THE COVER NEXT HOLD UP. 
          AND THIS PHOTO, YOU SEE DAMAGE TO A POST AS WELL AS THE UNDER CEILING ON ANOTHER SIDE OF BUILDING FOUR. 
          AND YOU NOTICE THE DAMAGE TO THE, UH, THE SURROUNDING TREMBLE THAT, OF THAT, UH, SUPPORT POST NEXT PHOTO. 
          AND THIS IS JUST ANOTHER VIEW YOU WILL SEE UP IN THE CORNER THERE WHERE THE POSTS FOR THE DAMAGE, UH, TO THAT UNDER CEILING, AS WELL AS DAMAGE TO THE BALCONY PORCH ABOVE THE LOWER PORCH, WHICH HAS A HOLE IN IT AND PAINT PEELING AWAY. 
          NEXT PHOTO. 
          THIS IS JUST A CONTEXTUAL VIEW OF THE BACKSIDE OF BUILDING FOUR. 
          UH, DURING THIS INSPECTION CONDUCTED ON, UH, AUGUST THE NINTH, UH, YOU WILL SEE THAT THE RAILS ARE MISSING, UH, TO THE STAIRCASE THERE, AND THERE IS NO SAFETY CAUTION TAPE OR SIGNS OR ANYTHING POSTED. 
          UM, THIS WILL BE ADDRESSED IN A DIFFERENT CASE NEXT PHOTO. 
          AND THIS PHOTO IS JESSICA CONTEXTUAL VIEW OF ANOTHER SIDE. 
          UH, WE'LL HAVE A UNIT WHERE THE STAIRCASE IS, UM, SLIGHTLY DETERIORATING, AS WELL AS THE POSE IS NOT CONNECTED TO THE BOTTOM PORCH. 
          NEXT PHOTO. 
          THIS IS A CLOSER VIEW OF THE SAME AREA WHERE IT SOWS DAMAGE TO THAT UPPER PORCH, WHERE THE POST IS, UH, CONNECTED. 
          UH, THE, THE UNDER CEILING IS DAMAGED AS WELL AS THE, THE AIR, WHICH FROM AROUND THE POST NEXT PHOTO. 
          AND THIS IS A, A VIEW OF THE STAIRS ABOVE THAT SAME UNIT AREA THERE, WHERE THERE'S DAMAGE AT THE LANDING TO THE SIDES, THE SIDING, AS WELL AS THERE ARE HOLES ON THE NEATH, THE, A RISER TOWARDS THE STEP, THEIR NEXT PHOTO. 
          THIS IS A HALLWAY CONTEXTUAL VIEW, UH, TO THE HALLWAY ON THE THIRD FLOOR NEXT PHOTO. 
          AND YOU WILL SEE WHERE, UH, REPAIR WAS KIND OF ATTEMPTED HERE. 
          YOU'LL SEE WHERE THE CEILING KIND OF SLOPES ON THE OTHER SIDE TOWARDS THE OTHER END, NEXT PHOTO. 
          AND HERE YOU WILL SEE WHERE IT IS A LIGHTING UNIT THAT IS NOT WORKING, AND IT'S SOMEWHAT DETACHED FROM THE CEILING NEXT PHOTO, UH, HERE AT DISNEY UNIT, YOU'LL SEE ANOTHER LIGHTING FIXTURE THAT IS SLIGHTLY DETACHED FROM THE WALL AIR. 
          AND YOU'LL NOTE UP AT THE UPPER CORNER OF THE WINDOW. 
          THERE'S A HARNESS, CORRECT. 
          AND A WASP NEST NEXT PHOTO. 
          UH, THIS IS JUST ANOTHER VIEW SHOWING THE WASPS NEST AT THE SAME LOCATION NEXT PHOTO. 
          AND THIS IS JUST A CONTEXTUAL VIEW, WHICH ENDED MY INSPECTION THAT DAY. 
          AND THIS CASE IS JUST, UM, PRESENTED TO SHOW THAT EVEN THERE WERE ATTEMPTS TO, UH, COMMUNICATE DURING, YOU KNOW, INSPECTIONS ON SITE, UH, THROUGHOUT VARIOUS OCCASIONS. 
          HOWEVER, UH, IT WAS STILL NEGLECTED FOR QUITE A WHILE, UH, TO INCLUDE, UH, NOT OBTAINING PERMITS FOR WORK DONE, EXCUSE ME, WORK FOR INSTALLATION OF NEW HBCS ON THE PROPERTY AND THE HANDRAILS ON THE BACKSIDE. 
          THIS CONCLUDES MY PRESENTATION AND ALL THE WAY AT ANY QUESTIONS FROM THE BOARD BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS. 
          AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS. 
          STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH CONSISTS OF STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TO Z STAFF, ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL CITED VIOLATIONS TO THE MULTIFAMILY STRUCTURE, THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY. 
          IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL. 
          OKAY. 
          I'LL ADMIT STEPS, EXHIBIT ONE AND EXHIBITS TWO A THROUGH TO Z, WHICH ARE THE PHOTOGRAPHS, ANY QUESTIONS 
          [01:40:01]
FOR STAFF OR INSPECTOR FIN? OH, OWNER'S REPRESENTATIVE ACTUALLY, LET ME DO THAT. 
          UH, MOVING RIGHT ALONG. 
          UM, WE HAVE MS. FINLEY HERE, UM, FOR THE PROPERTY MANAGEMENT. 
          HELLO. 
          HELLO. 
          THANKS FOR JOINING US. 
          SO YOU'LL HAVE FIVE MINUTES ON THE CLOCK, UM, AND LET US KNOW FIRST HOW YOU'RE ALIGNED WITH THE OWNERS. 
          SO I BELIEVE YOU WERE FROM THE MANAGEMENT COMPANY. 
          YES, YES. 
          OKAY. 
          AND THEN YOU MAY PROCEED, YOU HAVE FIVE MINUTES TO PRESENT YOUR EVIDENCE AND, UH, WE'LL SEE IF WE HAVE QUESTIONS FOR YOU. 
          THANK YOU. 
          UH, MY NAME IS LEE FINLEY. 
          I AM THE REGIONAL VICE PRESIDENT FOR GDA PROPERTY MANAGEMENT, WHO IS THE OWNER FOR 5 0 2, UH, LONG SPUR. 
          UH, I'M NOT SURE IF YOU GUYS NOTICE IN THE PHOTOS, WE, UM, ACKNOWLEDGED THAT THERE ARE ISSUES AT THE PROPERTY THAT NEED TO BE ADDRESSED. 
          OUR TEAM HAS PUT TOGETHER, UH, AN IMPROVEMENT PLAN BASICALLY FOR THE COMMUNITY TO INCLUDE THE EXTERIOR REPAIRS, ALSO THE ELECTRICAL ITEMS, INTERIOR CEILING REPAIRS, SO ON AND SO FORTH. 
          UM, YOU WOULD HAVE NOTICED AN EXHIBIT TO SEE IN TUPE THAT THOSE REPAIRS HAVE ALREADY BEGUN. 
          UH, OUR PLAN IS TO HAVE THE NOTE OF REPAIRS IN THIS PARTICULAR VIOLATION COMPLETED BY SEPTEMBER THE NINTH I WAS SHORT AND QUICK. 
          UM, VERY GOOD. 
          DO YOU NEED, DO YOU HAVE ANYTHING ELSE TO ADD BEFORE WE GO AROUND THE ROOM? I DO NOT. 
          OKAY. 
          THANK YOU, COMMISSIONERS. 
          OKAY. 
          COMMISSIONER MILLER. 
          YES. 
          HI. 
          UM, I JUST WANTED TO ASK THE PROPERTY MANAGEMENT REPRESENTATIVE. 
          UM, I WAS GLAD TO HEAR THAT YOU HAVE A PLAN AND THAT YOU HAVE, YOU THINK THAT YOU'RE GOING TO COMPLETE THE WORK BY SEPTEMBER 9TH. 
          I WAS ESPECIALLY CONCERNED ABOUT THE ELECTRICAL, UM, BOXES THAT WERE PROPERLY CLOSED. 
          AND ALSO BY THAT LANDING, WE SAW THAT DIDN'T HAVE ANY KIND OF RAILING. 
          SO I'M JUST WONDERING, UM, IF THOSE ITEMS ARE GOING TO BE ADDRESSED, UH, FIRST, SINCE THEY SEEM ESPECIALLY DANGEROUS, THE LANDING REPAIR HAS ALREADY BEEN COMPLETED. 
          UH, THE ELECTRICAL BOX ISSUE HAS BEEN AN ONGOING ISSUE FOR US DUE TO THE, UH, HOMELESS POPULATION THAT WE HAVE IN THE AREA. 
          WE TRY OUR BEST TO, WELL, UM, I DON'T WANT TO SAY TRY OUR BEST, BUT IN NORMAL CIRCUMSTANCES, WE WOULD LOCK THOSE BOXES TO ENSURE THAT THERE NO ONE CAN GAIN ACCESS. 
          WE, IT LOOKS LIKE WE HAVE FAILED TO DO THAT IN THIS CASE DUE TO SOME OF OUR OTHER EXTERIOR ISSUES, BUT GOING FORWARD WITH THOSE WILL BE A PART OF OUR EXTERIOR MAINTENANCE PLAN. 
          OKAY. 
          COMMISSIONER MUELLER. 
          DID YOU HAVE ANYTHING ELSE? YEAH, SO I GUESS, SO THE ELECTRICAL BOXES WILL BE PART OF THE PLAN, BUT COULD THEY BE PRIORITIZED, UM, SINCE YOU KNOW, THAT DOES POSE A DANGER? UH, UNFORTUNATELY WE HAVE TO, WE CAN, WE HAVE WORKING ON THOSE, BUT WE CANNOT FINALIZE THEM UNTIL WE GET THE APPROVED PERMIT BACK. 
          OKAY. 
          UM, ALL RIGHT, COMMISSIONER FRIBURGO YOU HAD SOME QUESTIONS AS WELL. 
          OH YES. 
          I JUST HAD ONE QUESTION FOR MS. FINDLEY. 
          SO SINCE YOU HAVE STATED, YOU HOPE TO HAVE ALL THE REPAIRS COMPLETED BY SEPTEMBER 9TH, WHICH IS FANTASTIC TO HEAR THAT BY THE WAY. 
          UM, SO DO YOU HAVE ANY CONCERNS WITH THE PROPOSED ORDER, WHICH STATES 45 DAYS? I DO NOT. 
          OKAY. 
          THANK YOU VERY MUCH. 
          OKAY. 
          UM, IF THERE'S NOTHING ELSE. 
          OKAY. 
          LET'S SEE ANYBODY ELSE. 
          ALL RIGHT. 
          UM, I DON'T THINK WE NEED TO DISCUSS THIS ANY FURTHER. 
          WE'RE ALL IN AGREEMENT. 
          THANK YOU FOR COMING TO TELL US THAT EVERYTHING IS BEING HANDLED AND, UH, HOPEFULLY WE DON'T HAVE TO SEE YOU AGAIN. 
          UM, IF BANKS, UM, INSPECTOR FINN, ARE YOU CLOSING THE PUBLIC HEARING 
          [01:45:01]
AND I'M GOING TO, I DON'T NEED TO VOTE ON THIS ONE. 
          WE DO. 
          OKAY. 
          WELL, I'D LIKE TO CLOSE. 
          WOULD ANYBODY LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING? I'LL MOVE THAT WE CLOSE THE PUBLIC HEARING. 
          THANK YOU. 
          DO WE HAVE A SECOND? THANK YOU. 
          AND, UM, IS ANYBODY OPPOSED TO CLOSING THE PUBLIC HEARING? OKAY. 
          ARE WE ALL IN FAVOR? AYE. 
          AYE. 
          THANK YOU. 
          SO PUBLIC HEARINGS CLOSE, AND WE'LL MOVE ON TO SEE IF THERE ARE ANY ADDITIONAL COMMENTS, NO COMMENTS. 
          UM, WILL ANYBODY LIKE TO MAKE A MOTION? I MOVED THAT WE WROTE THAT WE, UM, APPROVED THE RECOMMENDED ORDER AS STATED EARLIER BY MS. ALLIE. 
          ALL RIGHT. 
          WE HAVE A MOTION ON THAT AS WELL. 
          THANK YOU, COMMISSIONER GREEN. 
          SO I'LL GO AROUND AND JUST CALL THE VOTES. 
          UM, COMMISSIONED A GREEN, I MEAN, COMMISSIONER SELIG WHO MADE THE MOTION? COMMISSIONER GREEN. 
          YES. 
          UH, COMMISSIONER THOMPSON. 
          YES. 
          AND COMMISSIONER FRANCIS. 
          AND I'M IN FAVOR AND COMMISSIONER FREIBURGER AYE. 
          COMMISSIONER BENIGNO, COMMISSIONER MUELLER. 
          I AND COMMISSIONER STILL SAID THANK YOU. 
          ALL RIGHT. 
          UNANIMOUS. 
          YEAH. 
          THANK YOU EVERYONE. 
          WE'LL GO BACK IN ORDER. 
          OKAY. 
          AND I'LL JUST SAY ON THE RECORD, THAT, THAT MOTION. 
          OKAY. 
          THANK YOU. 
          SO YOU MAY CALL THE NEXT. 
          OKAY. 
          AND JUST TO PUT THIS ON THE RECORD, ITEM NUMBER 
          [5. Case Number: CL 2022-117754]
FIVE ON THE AGENDA IS CASE NUMBER C L 20 22 1 1 7 7 5 4 AND WERE, AND IS REGARDING THE PROPERTY LOCATED AT 76, 11 OLD BEE CAVES ROAD. 
          AS I MENTIONED PREVIOUSLY, THIS CASE HAS BEEN REMOVED FROM THE AGENDA AND WILL NOT BE HEARD TONIGHT. 
          ITEM NUMBER SIX 
          [6. Case Number: CL 2022-117738]
IS REGARDING THE PROPERTY LOCATED AT 19 0 8 SAN GABRIEL STREET, AND IS REGARDING, AND IS THE CASE NUMBER C L 20 22 1 1 7 7 3 8. 
          EXHIBITS CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER. 
          HERE ARE A FEW FACTS ABOUT THIS CASE. 
          THIS CASE IS ABOUT AN ANOC IS ABOUT AN OCCUPIED COMMERCIAL MULTI-FAMILY STRUCTURE OPERATING AS A ROOMING AND BOARDING HOUSE. 
          THE CASE WAS INITIALLY OPENED IN OCTOBER, 2020 AS THE RESULT OF AN ANNUAL INSPECTION. 
          THE STRUCTURE IS SUBSTANDARD WITH UNSAFE CONDITIONS REGARDING DAMAGE TO THE FOUNDATION, BALCONY AND LANDING, WHICH REQUIRES REPAIR IN YOUR READERS OR GOOGLE DRIVE FOLDERS. 
          YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, THE COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, A STRUCTURAL MAP OF THE PROPERTY, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND A CHART OF THE VIOLATIONS. 
          IN THIS CASE, EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO 80 THROUGH TWO W AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR KYRIE DUMAS IS ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED. 
          AND I JUST WANT TO SAY, UM, I DON'T BELIEVE THE CHARTER OF THE VIOLATIONS WAS INCLUDED. 
          SO THAT'S NOT IN THE CASE, MAKING A CORRECTION INSPECTOR, DENNIS, PLEASE BEGIN YOUR TESTIMONY. 
          GOOD EVENING COMMISSIONERS, BUT A RECORD. 
          MY NAME IS KYRIE DUMAS. 
          I'M NICOLE OFFICERS ASSIGNED TO THIS CASE AS OF OCTOBER 26TH, 2020. 
          THIS IS A RESIDENTIAL PROPERTY ON APPEARING BEAM WITH WOODSIDE AND END GABLE ROOF SYSTEM UTILIZES A ROOMING AND BOARDING HOME LOCATED AT 19 WEEKS ST. 
          GABRIEL LEGAL NOTICE HAS BEEN SENT TO THE TEEKAT OWNER AND MANAGEMENT COMPANY ON FIVE SEPARATE OCCASIONS FOR DETAILS. 
          THAT FILE ON A SCHEDULED ANNUAL INSPECTION FOR ELIJAH ESTABLISHED MULTIPLE VIOLATIONS WHO OBSERVED THIS CASE WAS CREATED DUE TO THE ACTIVITY ON THE SITE OF VIOLATION, WHICH ARE CONSIDERED UNSAFE. 
          AND AS WELL AS THE SAFETY CONCERN, THIS PROPERTY HAS BEEN PLACARD, FUNK, UNSAFE CONDITIONS. 
          CONTACT WAS MADE VIA PHONE AND EMAIL WITH THE OWNER AND MANAGEMENT COMPANY, INFORMING THEM OF THE PROPERTY, STATE, AND CONDITION AND WHOSE RESPONSIBILITY IT IS TO THIS LOCATION FROM OCTOBER, 2020 TO PRESENT DAY MULTIPLE VIOLATIONS, MOUTH I'M SORRY, MULTIPLE FOLLOW UP INSPECTIONS FROM MYSELF AND INSPECTING DEMASIO. 
          [01:50:01]
UM, THERE HAS BEEN LITTLE TO NO REPAIRS DONE, LITTLE TO NO CO COOPERATION HAVE BEEN CONSISTENT WITH THE OWNER OF A MANAGEMENT COMPANY, INSPECTOR DEMASIO AND MYSELF HAVE EXPLAINED THROUGHOUT THROUGH EMAIL PHONE AND HAVE WALKED THROUGH THE PROPERTY WITH MANAGEMENT TO SHOW THE VIOLATIONS THAT DO REMAIN ON FOUR ON APRIL 1ST, 2021, AND ADMIN CITATION HAS BEEN ISSUED FOR THE ROOF SYSTEM AND REAL BALCONY ON 4 27, 21 ADMIN HEARING WAS HELD AND THE OWNER WAS HELD LIABLE FOR BOTH VIOLATIONS. 
          AS OF AUGUST 16TH, THERE WAS A PERMIT POOL. 
          FINALLY, A PERMIT WAS PULLED FOR, BUT NO WORK HAS BEEN DONE. 
          THE FOLLOWING DATE AND TIMESTAMP PHOTOS DEPICT DECIDED VIOLATIONS FOUND FROM THE INITIAL FOLLOWUP INSPECTION PHOTOS AND ONGOING SITE AND CONDITIONS. 
          ALL RIGHT, WE CAN GO TO THE PHOTO. 
          OKAY. 
          THIS IS GOING TO BE TWO A, WHICH IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY. 
          AND THIS WAS TAKEN ON THE 1ST OF AUGUST OF 2022. 
          UM, AS YOU CAN SEE THE CONDITION OF THE PROPERTY AS WELL, UM, AND ITS CONDITION, UH, IN ITS CONTEXTUAL PHOTO, CAN YOU GO TO TWO V PLEASE? THE NEXT PHOTO, UH, TO BE IS GOING TO SHOW, UM, THIS IS A PHOTO OF THE UNTREATED FRONT PORCH. 
          UM, AND HOW HAS BEEN THE REPLACE OF UNWEATHERED TREATED SPINDLES ALSO SHOWED A CONDITION OF THE PORCH, AS YOU CAN SEE, UH, FOR, AS THE DISCOLORATION WITH THE GRAY, UM, THE PAIN ON WEATHER ON THE FRONT STEP. 
          GO TO, TO SEE PLEASE. 
          ALL RIGHT, THIS IS GOING TO BE A PHOTO OF THE SOUTH FRONT PORCH WITH THE FLOORBOARDS BREAKING AWAY FROM THE PORCH AND SHOWING THE POOR CONDITION. 
          IF YOU COULD SEE ON THE, IN THE LEFT SIDE OF THIS PHOTO, HOW, UM, THE SEPARATION OF THE FLOORBOARDS, UM, CONSISTENT WITH MORE OF A FOUNDATION ISSUE AS WELL, LET'S GO TO TWO D NEXT PHOTO. 
          UM, THIS IS PHOTO OF THE FRONT PORCH CEILING, UM, THAT IS RIDING WITH PEELING PAINT AND APPEARS TO HAVE WATER DAMAGE FROM THE POSSIBLE WATER LEAK FROM THE CEILING. 
          LET'S GO, EXCUSE ME, GO TO THE NEXT PHOTO. 
          TWO E TWO E IS GOING TO BE THE UPSTAIRS SECOND STORY BALCONY WITH ROTTED WOOD FLOORING AND UNWEATHERED FLOORBOARDS. 
          UM, LET'S GO TO THE NEXT PHOTO. 
          ALL RIGHT. 
          TWO F TWO F IS THE SIDING ON THE SOUTH SIDE OF THE REAR, WHICH IS DAMAGED AND RIDE SIDING. 
          AND THE FOUNDATION SKIRT IS CRAP. 
          LET'S GO TO THE NEXT PHOTO. 
          TWO G TWO G IS THE BACK PORCH STAIRS AND THE REAR YARD THAT APPEARS TO BE REPAIRED AND PROPERLY WITHOUT THE PROPER PERMITS. 
          THE WOOD IS UNTREATED AND EXPOSED TO ELEMENTS OF NATURE. 
          LET'S GO TO TWO H TWO H IS THE UPSTAIRS REAR PORCH, EXCESS TO THE DWELLING WITH DAMAGED ROOFING IN MULTIPLE PLACES AND RIDING A DOORFRAME AND WEATHER DAMAGE SIDING OF LACK OF DRAINAGE AND WHAT THE PROOFING LET'S GO. 
          IF YOU CAN SEE AT THE TOP HOW THEY HAVE THE SPACE AND OR LET'S GO, OH, I'M SORRY. 
          SO THIS IS TWO EYE TO EYE IS GOING TO BE A PHOTO OF THE REAR PORCH ON THE FIRST FLOOR CEILING, THE REAL BALCONY, WHICH APPEARS TO BE A BLACK DISCOLORED PAINT, UM, D BLACK, THIS COLOR SUBSTANCE, UM, THAT'S THE PAINT AND RIDING WOODSIDE AND POSSIBLY BECAUSE OF LACK OF DRAINAGE FROM THE PORCH UPSTAIRS, WHICH WAS THE PREVIOUS PHOTO WE SHOW, UM, LET'S GO TO TWO G UM, TWO J IS THE PHOTO OF UPSTAIRS REAR BALCONY PORCH. 
          WE'RE RIDING FLOOR AND UNTREATED WEATHER WOULD RIDE AT WINDOW SEALS AND FRAMING FROM THE WATER DAMAGE AND DRAINAGE ISSUES. 
          ALL RIGHT, LET'S GO TO TWO K ALRIGHT. 
          TWO K. 
          THIS IS A PHOTO UPSTAIRS, REAL BALCONY WITH THE RIDING FLOATING UNTREATED WEATHER, WOOD DAMAGE, RIDING AND DAMAGED SIDING ON THE HOUSE. 
          THIS IS GOING TO BE THAT ENTRY WAY. 
          UM, THIS IS SHOWING THE, THE DAMAGE THAT, THAT, UH, THE DRAINAGE SYSTEM IS CREATING TO THAT SIDING AND THAT BALCONY, UM, THAT SIDING IS SO SOFT WHEN YOU TOUCH IT AND GO, YOU FIND YOUR HAND CAN GO STRAIGHT THROUGH IT. 
          UM, LET'S GO TO TWO L UM, THIS IS A PHOTO UNDER THE HOUSE STORAGE WITH THE MISSING DOOR AND THE BASEMENT HATCHWAY, ALLOWING ACCESS TO ELEMENTS. 
          THE WOOD-FRAME IS RIDING IN DISREPAIR. 
          ALL RIGHT, LET'S GO 
          [01:55:01]
TO THE NEXT PHOTO. 
          ALL RIGHT. 
          TWO M THIS IS PHOTO OF THE EXTERIOR FOUNDATION, SKIRT AND FOUNDATION WALL, WHICH IS CRACKED AND PULLING AWAY FROM THE DWELLING. 
          LET'S GO TO ANOTHER PHOTO, THE NEXT PHOTO. 
          ALL RIGHT. 
          TWO N ALL RIGHT. 
          TWO N IS A PHOTO, UM, FROM THE INSIDE OF THE FOUNDATION WALLS AS A FEW BY OPEN ACCESS ON THEIR HOUSE, THIS WOOD FRAMING AND WATER DAMAGE SHELLS, WE'RE FRAMING, WATER DAMAGE, AND DISTRICT DISREPAIR PULLING AWAY FROM THE, FROM THE FRONT OF THE HOUSE. 
          ALL RIGHT, LET'S GO TO THE NEXT PHOTO. 
          ALL RIGHT. 
          TO CUE. 
          THIS IS A PHOTO UNDER THEIR HOUSE, WHICH IS VIEW BY THE OPEN ACCESS UNDER THE HOUSE. 
          THAT IS THE INSTALLATION TORN AND STRAIGHT IT WITH POOR DRAINAGE AND COMPROMISE THE FOUNDATION FOOTING. 
          ALL RIGHT, LET'S GO TO THE NEXT PHOTO. 
          ALRIGHT. 
          TWO P UM, THIS IS A PHOTO OF THE UNPERMITTED WATER HEATERS WITHOUT THE DRAINAGE BASIN, TORN AND SHREDDED INSTALLATION AND POOR SANITATION, UM, CREATING IN HAZARD. 
          AND YOU CAN ALSO SEE THE, UM, THE FRAMING AS WELL, AND THE PIERS AND BEAMS IN HERE. 
          ALL RIGHT, NEXT ONE. 
          ALRIGHT. 
          TWO TO CUE. 
          WE'RE GOING INTO THE INTERIOR OF THE HOME. 
          UM, TWO Q IS A PHOTO OF THE REAR EGRESS DOOR WITH NO WEATHERSTRIPPING SHOWING GAPS IN IT, UM, TO THE EXTERIOR ELEMENT SHOW, EXPOSING ELEMENTS OF THE NATURE. 
          LET'S GO TO, TO OUR RIGHT. 
          THIS IS A PHOTO OF THE LIVING ROOM FLOOR WHEN UNEVEN PLANKS IN A TRIP HAZARD HOLE IN A WALKING SURFACE WITH THE ACCESS UNDER THE HOUSE, LEAVING ACCESS TO UNDER THE HOUSE AND CREATING ROAD AND ENTRY. 
          UM, IF YOU CAN SEE THAT A PIECE OF PLASTIC OR METAL ON THE LEFT SIDE OF THAT, THAT STANDING UP, THEY UTILIZE THAT FOR MORE OF A REPAIR. 
          THEY PLACE THAT OVER THE, THE HOLE ITSELF, UM, WHICH WOULDN'T BE CONSIDERED A MINIMUM STANDARDS REPAIR. 
          WHAT, WITH THE CITY OF BOSTON, YOU CAN GO TO THE NEXT PHOTO TWO S TWO S IS, UH, THIS IS PHOTO UNDER THE KITCHEN SINK THAT APPEARS TO HAVE RAT DROPPINGS AND URINE. 
          UM, IT'S WATER DAMAGED AND ROTTEN WOOD UNDER THE SINK. 
          LET'S GO TO THE NEXT PHOTO TWO T OKAY. 
          TWO T IS, UM, THIS IS A PHOTO OF THE DOWNSTAIRS BATHROOM WALL NEXT TO THE SHOWER WITH THE HOLE IN DRYWALL. 
          UM, JOWELL TOWEL COVER WITH A PIECE OF CARDBOARD. 
          IF YOU CAN LOOK TO THE FAR REAR, UM, JUST SHOWING THE REPAIRS THAT THIS, UM, THAT THEY HAVE BEEN MAKING AT THIS PROPERTY MORE OF THROUGH THESE VIOLATIONS. 
          SO THAT'S A PIECE OF CARDBOARD ALL THE WAY TO THE, TO THE LEFT. 
          IF YOU LOOK IN FRONT OF THE TOILET, UM, LET'S GO TO THE NEXT PHOTO ALRIGHT TO YOU. 
          UM, IT'S GOING TO BE, UH, THE DAMAGED WALL, UH, DRYWALL IN THE DINING ROOM TO THE NEXT PHOTO. 
          ALL RIGHT. 
          THIS IS A PHOTO OF THE LUMINARY OVER THE STAIRS ON THE SECOND FLOOR ON THE SECOND FLOOR LEVEL, UM, THAT HAS BEEN IMPROPERLY INSTALLED, UM, SHOWING GAPS AROUND THE CEILING AND FIXTURE. 
          LET'S GO TO W SO THIS WILL BE THE, THIS IS THE PROPERTY BEING PLACARD, UM, SHOWING THAT THERE ARE UNSAFE CONDITIONS, UM, TO THE DAMAGED BALCONY, UH, AND LANDING AND DAMAGE TO THE FOUNDATION. 
          LET'S GO TO THE NEXT PHONE. 
          OKAY, WELL, THIS WILL CONCLUDE MY PRESENTATION. 
          NOW I'M OPEN FOR ANY QUESTIONS BECAUSE OF 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 AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS. 
          STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO W STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO PROVIDE A WRITTEN ENGINEER'S REPORT TO THE COMMISSIONS COORDINATOR, PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS, THAT THROUGH AN ONSITE INSPECTION EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE SUBJECT BUILDING AND PROVIDES RECOMMENDATIONS FOR STABILITY MEASURES FOUND NECESSARY TO PROTECT THE SUBJECT. 
          BUILDING THREE REPAIR, ALL SIDE OF VIOLATIONS TO THE COMMERCIAL MALT MULTIFAMILY STRUCTURE FOR REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FIVE ON THE 46 DAY, 
          [02:00:01]
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL. 
          THANK YOU. 
          I'LL ADMIT, UM, SAPS EXHIBIT ONE AND EXHIBIT TWO A THROUGH TWO W AND THANK YOU, INSPECTOR DUMAS. 
          DO WE HAVE ANYBODY HERE TONIGHT FOR THE PROPERTY OWNERS FOR 1908 SAN GABRIEL? NO ONE. 
          ALRIGHT. 
          COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE INSPECTOR OR STAFF? OKAY. 
          IT'S VERY NICE AND QUIET. 
          I WANT TO SAY JUST AN OBSERVATION. 
          THIS IS A VERY DETAILED, UM, REPORTS SO WELL DONE. 
          UM, A LOT IS GOING ON WITH THIS PROPERTY. 
          SO MY, MY CONCERN, I GUESS, SURPRISES THAT THE OWNERS DID NOT SHOW UP TONIGHT AT ALL. 
          UM, BESIDES THE TIME THAT YOU HAD THE SHORT, UM, CONTACT WITH THE OWNERS, DID ANYBODY ELSE FOLLOW UP WITH YOU, UM, AFTER YOU WENT IN THERE AND SPOKE WITH THE TENANT? YES, WE HAVE, UM, SPOKEN WITH, SO I HAVE, UM, INSPECTED MY CEO HERE AS WELL. 
          SHE HAVE DONE INSPECTIONS, MULTIPLE INSPECTIONS WITH ME AS WELL. 
          UM, WE SPEAKING WITH THE OWNER AND OWNER, THE MANAGEMENT COMPANY, UM, ACTUALLY HE SENT THEM EMAIL A DAY. 
          UM, THEY SAY THEY, THEY DO THE WORK, THEY DO THE REPAIRS. 
          AND THEN WHEN WE MAKE THE FOLLOW UP TO GO AND INSPECT IT, THESE THINGS ARE NOT DONE. 
          SO IT'S MORE OF, UM, I DON'T WANT TO SAY MORE OF A CAT AND MOUSE. 
          UM, SO WHEN THE FIRST ISSUE WE HAD WITH THIS PROPERTY, JUST TO GIVE YOU A LITTLE BIT BACKUP IS THE OWNER IS IN MEXICO. 
          SO THE PROPERTY MANAGEMENT, UM, THE OWNER SAY HE WASN'T NOTIFIED, BUT WE WENT THROUGH ALL LEGAL MEANS TO NOTIFY HIM. 
          UM, AND HE SAID HE WASN'T NOTIFIED UNTIL PRESENT DAY. 
          I MEAN, WE HAVE NOTIFIED HIM. 
          HE WAS NOTIFIED, YOU KNOW, WITH THESE CITATIONS THAT WAS WRITTEN, HE'S FULLY AWARE OF WHAT'S GOING ON AT THE PROPERTY, BUT THESE THINGS HAVEN'T BEEN ADDRESSED, HE'S STILL LEAVING IT TO PROPERTY MANAGEMENT AND PROPERTY MANAGEMENT HAS NOT DONE A GREAT JOB FOR LACK OF WORK. 
          UM, THE TENANTS AGREE THAT TENANTS DIDN'T WANT TO BE PRESENT BECAUSE THEY'RE, UM, AFRAID OF RETALIATION. 
          UM, THIS PROPERTY IS BEING UTILIZED AS, UM, IT'S A LODGING ESTABLISHMENT, BUT IT'S MORE OF A FRATERNITY THAT'S OCCUPYING THIS LOCATION. 
          YES, IT'S A PARTY HOUSE. 
          THERE YOU GO. 
          SO MORE, MORE, MORE CONCERN OF THESE THINGS BEING ADDRESSED FOR AS THE BALCONY AND, YOU KNOW, THE, THE FOUNDATION ISSUES. 
          AND, UM, I JUST SAW, AND I BELIEVE IT WAS IN APRIL, UM, I GUESS SPRING BREAK, THEY TRIED TO GET A PERMIT FOR IT TO HAVE AN EVENT TO HOST 200 PEOPLE. 
          YEAH. 
          AND IT WAS DENIED BY FIRE. 
          UM, SO, YOU KNOW, UM, PROBABLY LIKE, AGAIN, LIKE I SAID, PRIVATELY MANAGER IS AWARE OF THESE VIOLATIONS. 
          THEY ALL WEAR WHAT'S GOING ON AT THE PROPERTY. 
          AND IT HAS BEEN EXPLAINED NUMEROUS OF TIMES THROUGH NUMEROUS WAYS. 
          AND IT JUST HAVE NOT BEEN ADDRESSED AS KIND OF HOW WE HERE NOW. 
          OKAY. 
          THANK YOU. 
          UM, THAT'S VERY HELPFUL. 
          UM, INSPECTOR DAMASIO, I SEE THAT YOU, YOU HAD A LOT OF NOTES IN THERE AS WELL. 
          ANYTHING ELSE WE NEED TO KNOW TONIGHT? OH, THANK YOU. 
          GOOD EVENING COMMISSIONERS. 
          UM, THANK YOU FOR HAVING ME, UH, KERRY DEMASIO ASTON CODE INSPECTOR. 
          SO AS FAR AS COMMUNICATING WITH THE PROPERTY OWNER AND THE MANAGER, UM, WE, I, WE HAD MET WITH THEM FOR A COUPLE OF WALKTHROUGHS. 
          UM, THE MANAGER MANAGER OF AUSTIN, UH, MANAGEMENT. 
          HE WAS OUT THERE, HE WANTED TO MEET ME SPECIFICALLY AND LITERALLY STAYED ON THE PROPERTY FOR TWO MINUTES WHILE WE, AGAIN WALKED BECAUSE WE HAVE BEEN CONTACTED BY 
          [02:05:01]
THE TENANTS THEMSELVES THAT ARE SUPER CONCERNED ABOUT WHAT'S GOING ON AND THEY DON'T WANT TO BE RESPONSIBLE FOR THE REPAIRS THAT CLEARLY IS NEGLECT AND AN OVERREACH BY THE MANAGEMENT COMPANY OR THE OWNER TO, TO PROCURE. 
          SO, UM, AS FAR AS THE FOUNDATION, WHICH HAS DETERIORATED, EVERYTHING, EVERYTHING WOULD HAVE BEEN A LITTLE LESS DETERIORATED. 
          HAD THEY ADDRESSED THIS BACK IN 2020? WELL, HERE WE ARE IN 2022, AND IT'S JUST PROGRESSIVELY GOTTEN WORSE WITHOUT ANY ACTION UPON THIS PROPERTY, BY THE OWNER. 
          YES. 
          THAT MAKES SENSE. 
          UM, COMMISSIONER GREEN, I THINK FIRST AND THEN COMMISSIONER FRANCIS. 
          NEXT I MOVE. 
          WE CLOSED THE HEARING AND ADOPT THE STAFF'S PROPOSAL OF FINDINGS OF FACT BEAT TWO OCCLUSIONS AND RECOMMENDED ORDER. 
          AND WE HAVE A SECOND COMMISSIONER FRANCIS. 
          WOULD YOU LIKE TO SAY THANK YOU. 
          UM, IF YOU'RE IN FAVOR OF CLOSING THE PUBLIC HEARING, SAY, AYE. 
          AYE. 
          THANK YOU, EVERYONE. 
          I BELIEVE HIS MOTION WAS TO CLOSE THE HEARING. 
          HE ENDED UP FINDING HIS PACKS. 
          ARE WE VOTING ON THAT? YOU WOULD COMBINE THE MOTIONS. 
          WELL, THAT'S WHAT NUMBER THREE READS. 
          OKAY. 
          WELL THEN WE'RE, WE'RE GOING TO THEN TAKE A VOTE, UM, ONE BY ONE THEN SINCE WE'RE ADOPTING THE PROPOSED FINDINGS AND ADOPT AND, UM, TO APPROVE THE ORDER RECOMMENDED. 
          CORRECT. 
          OKAY. 
          ALL RIGHT, THEN I'LL START WITH YOU. 
          YES, YES, YES. 
          AYE. 
          AYE. 
          AYE. 
          ALRIGHT. 
          AND COMMISSIONER MUELLER. 
          I GOT . 
          HI. 
          ALL RIGHT. 
          THANK YOU. 
          WELL, THE MOTION PASSES AND SO I'M SURE THEY'LL GET THE NOTICE AND MAYBE THEY WILL ACTUALLY PAY ATTENTION THIS TIME. 
          THANK YOU. 
          THANK YOU GUYS, CHAIRMAN. 
          THAT WAS ALSO TAKEN OFF. 
          SO I'LL LET COORDINATOR, ALLIE TELL US ABOUT THAT. 
          BUT I BELIEVE THAT, UM, THE BUILDING OFFICIAL 
          [8. Introduction of Kelly Stillwell, Building Official, Developmental Services Department]
IS NOT HERE TONIGHT, CORRECT? THAT'S CORRECT. 
          HE ASKED IF HE COULD TAKE A RAIN CHECK AND COME BACK ANOTHER EVENING AND WE'LL TRY TO PUT HIM ON THE AGENDA FOR NEXT MONTH. 
          UM, SO IF WE COULD MOVE BACK TO THE MINUTES. 
          [APPROVAL OF MINUTES]
GOOD CATCH. 
          YES. 
          AND I'VE PUT IN COPIES OF WE'VE GOT THEM. 
          WE CAN PUT THEM UP ON THE SCREEN. 
          I PUT THEM IN THE GOOGLE DRIVE FOLDER, UM, COPIES OF BOTH SETS OF THE MINUTES AND, UM, OKAY. 
          AT BELIEVE THE ONE THAT'S NOT IN THE GOOGLE DRIVE FOLDER IS AT THE JUNE MINUTES, THE JULY ONE, THE JULY MINUTES. 
          SO IF YOU COULD, UM, DANIEL, IF YOU COULD PUT THE JULY MINUTES UP ON THE SCREEN, THESE ARE THE JULY MINUTES. 
          AND NOW IF THEY'RE BIG ENOUGH THAT YOU CAN SEE THEM, DO WE NEED TO MAKE THEM A LITTLE BIGGER? WE ONLY HAD ONE CASE ON THE AGENDA AND WE, AND WE DIDN'T APPROVE ANY MINUTES LAST MONTH. 
          SO YEAH, THAT WAS PRETTY QUICK. 
          YOU HAD THE ONE PROPERTY WITH 36 CASES. 
          UM, REALLY THIS IS ALL YOU'D HAVE. 
          AND THEN WE HAD A DISCUSSION ITEM ABOUT APPROVING THE, THE, UM, DISCUSSION ABOUT A RECOMMENDATION FOR COMMISSIONER OBVI LAW. 
          AND WE DISCUSSED THE, UM, ANNUAL INTERNAL REVIEW REPORT APPROVE THAT. 
          ALRIGHT. 
          UM, HAS EVERYBODY HAD A CHANCE TO REVIEW IT ON THIS? I THINK THAT WE DIDN'T ADJOURN IT 6 41 THOUGH. 
          THE LAST LINE SAYS WE ADJOURNED AT 6 41. 
          THAT'S NOT CORRECT. 
          YES. 
          SO I CAN MAKE THAT CORRECT. 
          CAN YOU APPROVE IT BASED ON WITH THAT? I CAN CORRECT THAT. 
          YES. 
          WELL, THE APPROVE THE MA UH, THE MINUTES FROM THE JUNE MEETING, UM, AS WELL AS THE ONE FROM JULY MEETING WITH 
          [02:10:01]
THE EXCEPTION THAT THERE'LL BE A SLIGHT MODIFICATION ON THE LAST ITEM AND I CAN MAKE THAT CORRECTION. 
          OKAY. 
          THANK YOU VERY MUCH. 
          I THINK OUR MEETING IS, IS THERE ANYTHING ELSE THAT I LEFT OUT? UM, FUTURE AGENDA ITEMS. I'LL SECOND YOUR MOTION. 
          IS THAT AN IMPROVEMENT? OH, YES. 
          UM, YES. 
          DOES EVERYBODY, I WOULD MOVE TO OUR PROVIDER WAS IN HERE FOR THE JULY MEETING. 
          I WASN'T HERE EITHER. 
          OH, OKAY. 
          OKAY. 
          I MOVED TO APPROVE THE JUNE, UM, MINUTES AND THE JULY MINUTES WITH THE KNOWING THAT THERE WILL BE ONE CORRECTION TO THE JULY MINUTES TO CORRECT THE ADJOURNMENT TIME. 
          ALRIGHT. 
          UM, IF YOU IN FAVOR, PLEASE INDICATE BY SAYING AYE OR RAISING YOUR HAND. 
          OKAY. 
          AND WE W UH, THE MINUTES ARE ADMITTED AND APPROVED. 
          SO FUTURE AGENDA 
          [FUTURE AGENDA ITEMS]
ITEMS, NOTHING ON THE AGENDA ITEMS FOR THE FUTURE. 
          AM I RIGHT? UH, WE DO HAVE PROC LANE RETURNING FROM JUNE NEXT MONTH. 
          AND, UM, SOME OF THE CASES THAT WERE PULLED THIS MONTH, MAYBE THREE SCHEDULED FOR NEXT MONTH. 
          I'M NOT SURE YET, BUT WE WILL TRY IF, IF THAT'S APPROPRIATE, WE WILL RESCHEDULE THOSE. 
          AND, UM, PROC LANE ANYWAY, 5, 2, 0 7 PROC LANE WAS HEARD IN JUNE AND IT WAS SUPPOSED TO RETURN IN SEPTEMBER. 
          SO THAT WILL BE HER ON THE AGENDA. 
          OKAY. 
          I DON'T HAVE ANYTHING ELSE. 
          UM, IT, I WILL TRY TO RESCHEDULE, UM, UH, KELLY STILLWELL TO COME AND INTRODUCE HIMSELF IF THAT, IF YOU'D LIKE FOR THAT TO HAPPEN. 
          SURE. 
          THAT BE FINE. 
          WE'LL LEARN MORE ABOUT HOW EVERYTHING WORKS. 
          ALL RIGHT. 
          WELL, THANK YOU EVERYONE FOR COMING TONIGHT. 
          I'M GOING TO CLOSE THE MEETING AND THE TIME IS 8 55 MEETING ADJOURNED. 
          GOOD JOB. 
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.