[00:00:04]
[CALL TO ORDER]
RIGHT.I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR SEPTEMBER 28TH, 2022, AND LET THE RECORD REFLECT THAT THE TIME IS 6:41 PM MY NAME IS SHABA.
I'M CHAIR OF THE BUILDING AND STANDARD COMMISSION.
AT THIS TIME, I'LL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE, UH, SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO THE COMMISSIONERS THAT ARE PROMOTING IN, PLEASE TURN ON YOUR CAMERA AND KEEP IT ON SO AS TO MAINTAIN QUORUM.
SO WE HAVE, UM, COMMISSIONER THOMPSON.
UH, COMMISSIONER GREEN ISN'T PRESENT.
COMMISSIONER FRYBERGER? I'M PRESENT.
AND COMMISSIONER SIG NOT PRESENT.
AND, UH, COMMISSIONER BENIGNO IS NOT PRESENT WITH US TONIGHT AS WELL.
UM, AND BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON I ITEMS THAT ARE ON THE AGENDA TONIGHT.
EACH SPEAKER WILL BE ALLOTTED FIVE MINUTES, I'M SORRY, THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FOUR OF THE SIX CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER 14 CASES FROM SIX DIFFERENT PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT'S APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECOR AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
THE COMMISSIONERS, UH, COORDINATOR LAN ALLEY WILL 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, UH, NEAR THE PODIUM, OR IF YOU ARE PARTICIPATING REMOTELY, UNMUTE YOUR MIC.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU AND YOUR REPRESENTATIVE MAY THEN ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL 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.
UH, WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE, UH, INTRODUCE YOURSELF.
DO WE HAVE A TIMEKEEPER? SORRY.
AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I'LL ALLOW OTHER INTERESTED PARTIES WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED, WITNESSES WILL NOW TESTIFY UNDER OATH.
UM, ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION ON ANY CASE, INCLUDING THOSE REMOTE IN, PLEASE STAND UP AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR TO OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND
[00:05:01]
NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS, UM, THAT ARE BEFORE THE COMMISSION THIS EVENING.
[1. Approve the minutes of the Building and Standards Commission regular meeting on August 24, 2022.]
IF WE COULD APPROVE THE MINUTES FROM THE AUGUST MEETING FIRST.HAVE THE COMMISSIONERS HAD A CHANCE TO REVIEW THE MINUTES FROM THE PRIOR MEETING? HAVE YOU HAD A CHANCE TO REVIEW THEM? MADAME CHAIR, MOVE APPROVAL.
WE HAVE A MOTION TO APPROVE THE MINUTES.
DO WE HAVE A SECOND? A SECOND.
UM, AND ALL IN FAVOR OF APPROVING THE MINUTES FROM THE LAST MEETING, PLEASE SAY AYE.
SO WE'LL MOVE FORWARD WITH THE AGENDA ITEMS, UH, FOR TONIGHT.
ITEM NUMBER TWO, AND THE FIRST CASE ON THE ON THE AGENDA IS REGARDING A PROPERTY LOCATED AT 5 2 7 PRO LANE AND IS A RETURNING CASE.
THE CASE NUMBER IS CL 20 22 8 1 4 68.
STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
[PUBLIC COMMUNICATION: GENERAL]
ALLIE? YES.WE DO HAVE A PUBLIC COMMUNICATION.
OH, YES, WE DO HAVE SOMEONE HERE FOR PUBLIC COMMUNICATION.
UM, DO WE HAVE SOMEBODY HERE BY THE NAME OF KEISHA PRINCE? HI, HOW ARE YOU? HELLO, MS. PRINCE.
YOU DO HAVE THREE MINUTES TO GIVE US YOUR COMMENTS TONIGHT.
I'M SPEAKING AND ON BEHALF OF RESIDENTS AT ROSEMONT, AND I'D JUST LIKE TO, UM, TALK ABOUT ALL OF THE COLD THINGS THAT HAVE BEEN TURNED IN.
AND MANAGEMENT HAS SAID THAT THEY HAVE BEEN FIXED.
A LOT OF THE FIXED WORK IS NOT HOLDING UP.
A LOT OF THE FIXED WORK HAS BEEN DONE SHORTLY AND IT'S ALREADY FALLEN APART.
THEREFORE, THE TENANTS ARE NOT LIVING ANY BETTER IN ANY BETTER CONDITIONS THAN THEY WERE BEFORE CALLING CODE ON THESE CONDITIONS.
AND IT'S REALLY SAD FOR THEM TO PAY RENT AND BE LIVING IN SQUALOR.
AND THEY JUST WANT TO KNOW WHEN IS MANAGEMENT AND THE OWNER'S GOING TO BE HELD ACCOUNTABLE.
YOU KNOW, THEY MAKE THE COMPLAINTS AND MANAGEMENT COMES IN AND SAYS, OH, WE FIXED IT.
BUT TENANTS HAVE A DIFFERENT STORY.
SO, YOU KNOW, THEY WANT SOMEONE TO BE HELD ACCOUNTABLE, YOU KNOW, FOR THEIR LIVING IN CONTINUE LIVING IN SQUALOR MONTH AFTER MONTH, AFTER MONTH AFTER MONTH.
AND SO THAT'S, THAT'S REALLY ALL I HAVE TO SAY.
THEY WANT TENANTS WANT ACCOUNTABILITY.
UM, WE'LL CERTAINLY KEEP THOSE COMMENTS IN MIND REGARDING THIS PROPERTY.
ALL RIGHT, MS. ALI, SORRY TO INTERRUPT YOU.
[2. Case Number: CL 2022-081468]
ITEM NUMBER TWO IN THE FIRST CASE ON THE AGENDA IS REGARDING A PROPERTY LOCATED AT 5 2 7 FOR PRO LANE AND IS A RETURNING CASE.THE CASE NUMBER IS C 20 22 0 8 1 4 68 STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN NOVEMBER, 2017 AS A RESULT OF A COMPLAINT.
THIS CASE IS ABOUT A DILAPIDATED SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH HAS BEEN VACANT SINCE 2016.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
PROPERTY IS LOCATED LESS THAN 1000 FEET FROM THE NEAREST ELEMENTARY SCHOOL.
THE OWNERSHIP OF THE PROPERTY IS SUBJECT TO LEGAL ACTION, IS CURRENTLY IN PROBATE.
AT THE JUNE, 2022 MEETING, THIS CASE WAS HEARD AND CONTINUED UNTIL TONIGHT'S MEETING TO ALLOW THE PARTIES TO MOVE TOWARDS A FINAL DETERMINATION OF OWNER OWNERSHIP IN
[00:10:01]
YOUR READERS OR GOOGLE DRIVE FOLDER.YOU WILL FIND THE FOLLOWING EXHIBIT FOUR, WHICH CONTAINS A COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES FOR TONIGHT'S HEARING AND POSTINGS EXHIBIT FIVE, WHICH IS MADE UP OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS FIVE A THROUGH FIVE H.
AND LASTLY, CODE'S RECOMMENDED ORDER.
AUSTIN CODE SUPERVISOR JOSEPH LUCAS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
SUPERVISOR LUCAS, PLEASE BEGIN YOUR TESTIMONY.
OH, GOOD EVENING, CHAIR AND COMMISSIONERS.
MY NAME IS JOSEPH LUCAS AND I AM A SUPERVISOR WITH THE AUSTIN CODE DEPARTMENT SOUTH RESIDENTIAL, UH, NEIGHBORHOOD TEAM.
THE FOLLOWING PROPERTY LOCATED AT 52 0 7 PRO LANE IS A RESIDENTIAL PROPERTY.
THIS CASE IS A CONTINUATION FROM THE JUNE, 2022 BSC MEETING.
THE COMMISSION GRANTED A 90 DAY CONTINUANCE FOR THIS PROPERTY DUE TO, UH, DUE TO PENDING PROBATE AND LEGAL ISSUES WITH THE PROPERTY.
THIS CASE WAS REPORTED TO THE AUSTIN CODE DEPARTMENT IN NOVEMBER 6TH, 2017 AS A COMPLAINT ABOUT A LEGAL DUMPING AT AN UNOCCUPIED HOME.
INSPECTOR JOE WINTERS WAS THE FIRST INSPECTOR TO VISIT THE PROPERTY, AND HE OBSERVED THE ILLEGALLY DUMPED ITEMS AND SEVERAL STRUCTURAL ISSUES TO INCLUDE ROTTED AND DETERIORATED WOOD ON THE ROOF, OVERHANG OF A CAR PORT ROTTED FLOORING, AND HANDRAILS OF THE RAMP TO THE FRONT PORCH.
THE FRONT PORCH FRAMING WAS NOT SECURE AND RESTING ON CINDER BLOCKS WITH MAKESHIFT SHIMS. THERE WAS ELECTRICAL WIRE SPLICED FROM THE FRONT DOOR, LIGHT TO THE FRONT PORCH COVER EXPOSED AND NOT IN ANY KIND OF CONDUIT.
THE OWNER AT THIS TIME WAS VALERIE SAWYERS AND JOHNNY HODGE WITH THE SAME ADDRESS.
A NOTICE OF VIOLATION WAS SENT FOR THE STRUCTURAL ISSUES OBSERVED AND THE PROPERTY ABATEMENT.
UH, WE LEARNED THAT THIS STRUCTURE HAS BEEN VACANT SINCE 2016.
PRETTY ON AUGUST 31ST, 2020, I OBSERVED THE STRUCTURAL VIOLATION STILL EXISTED AND IN FACT HAD GOTTEN MUCH WORSE.
THE FRONT PORCH ROOF HAD NOW BECOME UNATTACHED FROM THE STRUCTURE AND WAS HANGING DOWN ON THE RIGHT SIDE.
THE MAIN HE IN PROPERTY REPRESENTATIVE IS WILLIE MAY HUTCHINS.
I VISITED PROPERTY ABOUT 30 OR EVERY 30 DAYS AFTER THIS INSPECTION, AND I SPOKE WITH WILLIE MAY HUTCHINS ON THE PHONE SEVERAL TIMES.
SHE WAS UNSURE WHAT TO DO WITH THE STRUCTURE IN REGARDS TO REPAIRING IT OR DEMOLISHING IT.
IN MARCH OF 2021, I OBSERVED THE FRONT WINDOWS WERE OPEN AND THE HOUSE HAD BEEN RANSACKED.
I CALLED WILLIE MAY AND ADVISED HER THAT THE WINDOWS NEEDED TO BE BOARDED UP, AND I ALSO REQUESTED THE PORCH ROOF BE REMOVED.
THE WINDOWS WERE BOARDED UP SOON AFTER, BUT THE PORCH ROOF WAS NOT ADDRESSED.
THERE IS AN ELECTRIC METER ON THE SIDE OF THE STRUCTURE, BUT I DO NOT KNOW IF THE POWER WAS ON, UH, AND THERE IS NO GAS METER.
I BEGAN PREPARING THIS PROPERTY FOR THE BSC COMMISSION IN, UH, AROUND JUNE OF 2021.
AND THEN I, UH, DISCOVERED OWNERSHIP ISSUES, UH, THAT I DIDN'T FULLY UNDERSTAND AT THAT TIME.
THERE WAS A LAWSUIT OF SOME SORT FILED, AND THE OWNER IN TECA HAD CHANGED TO A PROC LANE REVOCABLE TRUST WITH A MAILING ADDRESS IN SAN ANTONIO.
THERE WAS A LIST PENDANT FILED IN TRAVIS COUNTY DISTRICT COURT, UM, THAT WAS STILL PENDING.
THIS WAS DISCOVERED DURING THE TITLE SEARCH, UH, FOR THE PROPERTY WHILE WE WERE PREPARING IT FOR BSC.
SO I TRIED TO HOLD OFF ON SUBMITTING THIS CASE TO THE BUILDING AND STANDARDS COMMISSION UNTIL THE OWNERSHIP ISSUES WERE RESOLVED.
BUT THERE'S BEEN NO ACTION ON THE PENDING CASE THAT I HAVE BEEN ABLE TO FIND, AND THE STRUCTURE CONTINUES TO DETERIORATE.
I DID REQUEST A PROPERTY BE FENCED, UH, IN THE FRONT DUE TO THIS PROPERTY BEING A HAZARD AND LESS THAN A THOUSAND FEET FROM ORTEGA ELEMENTARY SCHOOL.
AND THAT FENCING WAS COMPLETED BEFORE THE JUNE BSC MEETING.
UH, THIS CONCLUDES MY PRESENTATION AND I'D LIKE TO GO OVER THE PHOTOS.
UM, OUR NUMBERS ON THE PHOTOS ARE NOT VISIBLE FROM THE SCREEN BECAUSE OF THE, UH, THERE YOU GO.
PHOTO FIVE A DEPICTS DEPICTS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY SHOWING WHAT IT LOOKS LIKE FROM THE STREET.
NEXT PHOTO FIVE B IS A PICTURE SHOWING THE RAMP GOING UP THE FRONT DOOR, AND IT SHOWS THE PORCH OVERHANG ON THE FRONT PORCH HANGING DOWN.
UH, THE RAMP IS DETERIORATED AND ROTTED AND UNPASSABLE.
[00:15:02]
NEXT PHOTO, UH, PHOTO FIVE C IS A CLOSE UP, UH, PICTURE SHOWING THE PLACARD FOR THE WARNING ON THE, UH, DANGEROUS STRUCTURE, AND IT SHOWS OUR NOTICE OF VIOLATION THAT WAS POSTED.IT ALSO SHOWS THE ROOF HANGING, AS I WAS DISCUSSING, HANGING ON THE RIGHT SIDE, FALLING OFF OF THE MAIN WALL.
NEXT PHOTO PHOTO FIVE D IS A SIDE PICTURE OF WHAT THE ROOF OVERHANG LOOKS LIKE AND IT SHOWS HOW IT CAME OFF OF THE FRONT OF THE HOUSE, AND IT ALSO SHOWS THE WINDOWS BOARDED UP AS I REQUESTED.
NEXT PHOTO PHOTO FIVE E IS THE PICTURE OF THE RIGHT SIDE OF THE PROPERTY IF YOU'RE LOOKING AT THE FRONT DOOR, AND IT JUST SHOWS THAT THE WINDOWS ARE BOARDED UP AND IT SHOWS THERE IS AN ELECTRIC METER PRESENT ON THE, UH, SIDE OF THE STRUCTURE.
NEXT PHOTO, PHOTO FIVE F IS THE REAR OF THE STRUCTURE ITSELF SHOWS THE DOORS BOARDED UP AND THE WINDOWS ARE BOARDED UP, WHICH YOU CAN'T SEE UNLESS YOU'RE UP CLOSER AS THE DETERIORATED WOOD ALONG THE ROOF LINE WITH YOUR FASCIA.
NEXT PHOTO, PHOTO 5G IS, WOULD BE THE LEFT SIDE OF THE PROPERTY, AND THIS IS SHOWING, UH, SIDING MISSING AND COMING APART, DETERIORATED SIDING, AND IT SHOWS THE WINDOWS BOARDED UP.
NEXT PHOTO PHOTO FIVE H IS FURTHER ON THE LEFT SIDE.
UH, THE CAR PORT IS IN DISREPAIR.
UH, THE ROOF IS FALLING APART.
THE SUPPORT POST IS, UM, BARELY THERE LEANING.
UM, AND IT'S JUST A STRUCTURAL DEFECT FOR THAT WHOLE SIDE.
OKAY, IT COMPLETES MY PHOTOS IN THE PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT FOUR, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FIVE A THROUGH FIVE H.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRE 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.
UM, I'LL ADMIT EXHIBITS FOUR AND PHOTOGRAPHS MARKED AS EXHIBITS FIVE A THROUGH FIVE H.
NOW WE DO HAVE, UH, REPRESENTATIVES OF THE OWNERS HERE TONIGHT.
DO WE HAVE ONE PERSON SPEAKING, OR BOTH PEOPLE SPEAKING? I'M SPEAKING.
OH, I'M OF FAIN AND I WAS HERE BACK IN JUNE.
UM, I'M REPRESENTING THE FAMILY MEMBERS AND THIS IS ONE OF THE FAMILY MEMBERS WHO'S HERE TO SHOW HER SUPPORT.
UM, WHILE IT ISN'T APPARENT FROM THE FILINGS THAT, UH, PROGRESS HAS BEEN MADE, UM, SINCE OUR LAST MEETING, WE HAVE MADE QUITE A BIT OF PROGRESS.
IN FACT, UH, MR. EFRON, WHO, UH, IS THE ATTORNEY BEHIND THE PROC LANE LLC, THIS IS THE PROPERTY WHERE, UM, THE ATTORNEY FROM SAN ANTONIO AND HIS STAFF WENT AND PAID OFF THE TAXES, EVEN THOUGH MY CLIENT WAS INACTIVE, REPAYMENT ON A REPAYMENT PLAN AND WAS NOT, WAS UP TO DATE ON ALL OF IT.
UM, HE WAS ABLE TO PAY OFF, UH, THE REMAINDER OF THE TAXES AND THEN WENT TO, UM, OTHER PERSONS WHO'VE HE'S ALLEGED TO BE HEIRS, UH, THROUGH THE HUSBAND.
UM, UH, AND TRIED TO THEN BUY OR BOUGHT FROM THEM THE INTEREST THAT HE'S ALLEGED IN THE PROPERTY.
HE FILED AFFIDAVITS OF AIRSHIP, WHICH CONTAIN, UH, FALSE STATEMENTS AND ARE INCOMPLETE, UH, LEGALLY, AND
[00:20:01]
THEN TRIED TO GET THE FAMILY TO SELL HIM THE HOUSE OR TOLD THEM HE WAS GOING TO TAKE THE HOUSE HE FILED IN THE DISTRICT COURT FOR A PETITION TO TRY AND TAKE THE PROPERTY FROM THE FAMILY.AND THIS IS NOT THE FIRST TIME THAT THIS PARTICULAR LAW OFFICE HAS DONE THIS KIND OF THING.
THEY'VE BEEN COMING UP FROM SAN ANTONIO AND TAKING PROPERTIES, AND IT'S MY UNDERSTANDING YOU GUYS ARE GONNA SEE MORE OF THESE.
UM, SO WE FILED AGAINST THEM, UH, A, A COUNTERCLAIMS IN DISTRICT COURT ALLEGING DECEPTIVE TRADE PRACTICES FOR LYING TO THE HEIRS AND FOR FILING FALSE DOCUMENTS.
WE ALSO ALLEGED, UM, UH, BREACHES OF THE CODE.
UM, WE ALSO FILED IN THE, UM, IN THE PROBATE IN THE PROBATE COURT FOR AN ACTUAL DETERMINATION OF AIRSHIP AS TO BOTH OF VALERIE AND JOHNNY, UM, WHO WERE THE ESTATE HEIRS OF THE HOME.
UM, AND ALLEGED THERE ALSO THAT THIS COURT, THAT JUDGE HERMAN NEEDED TO GRAB THE DISTRICT COURT CASE CUZ HE'S ALLOWED TO, AND IT HAD THE SAME, UM, FACTS AND WITNESSES AND HEAR IT THERE.
UH, WHEN WE DID THAT, UH, I GOT CONTACTED BY THE ATTORNEY FOR PRO LANE TRUST AND, UM, WE HAVE SINCE SE UM, YESTERDAY ENTERED INTO A RULE 11 AGREEMENT.
THEY ARE SUPPOSED TO SEND ME FINAL DOCUMENTS THAT THEY ARE GOING TO WITHDRAW THE DEEDS AND RESTORE THE HOUSE TO THE STATUS IT WAS AT BEFORE THEY ENTERED INTO THIS FRAY.
UM, AS SOON AS WE GET THAT, WE'LL BE ABLE TO AMEND OUR PLEADING IN PROBATE COURT TO MAKE IT A UNCONTESTED, UH, DETERMINATION OF AIRSHIP SO THAT WE CAN ACTUALLY GET CLEAR TITLE ESTABLISHED TO THE PROPERTY AND THEN THE FAMILY WILL BE ABLE TO, UH, DETERMINE WHO IS GOING TO FIX UP OR IF THEY'RE GOING TO SELL THE PROPERTY THEMSELVES.
UM, SO THE PROBLEM WE HAVE IS THAT, UH, 45 DAYS ISN'T GONNA GET IT THROUGH THE PROBATE COURT.
UM, WE HAVE AN AD LIAM APPOINTED, BUT, UH, THE PROBATE COURT IS VERY SLOW, EVEN THOUGH ONCE WE GET ONTO THE FAST LANE FOR BEING UNCONTESTED, I THINK THAT THE EARLIEST, THE EARLIEST THAT WE'RE SEEING ANY SETTINGS ARE AT LEAST 60 DAYS OUT.
UM, SO WE WOULD ASK ON THE FAMILY'S BEHALF THAT YOU GIVE US ANOTHER 90 DAYS.
I THINK BY THEN THAT WE WILL HAVE BEEN ABLE TO MAKE GREAT STRIDES AND, UM, TO GET THIS IN ORDER AND, UM, AND ALSO TO CLEAN UP THESE ISSUES.
UH, AS FOR THE ROOF, MY UNDERSTANDING IS THAT THE FENCING THAT'S BEEN PUT UP IS, IS IN GOOD SHAPE.
IT WAS DONE BEFORE THE LAST HEARING HERE.
AND, UM, IF, UH, TAKING DOWN THE PORCH ROOF AND THE ROOF OVER THE CARPORT WOULD, UM, MAKE THIS COMMITTEE FEEL BETTER, I'M SURE THAT WE COULD ARRANGE FOR THE FAMILY MEMBERS TO GET THAT DONE.
THANK YOU VERY MUCH FOR SUMMARIZING EVERYTHING.
SOUNDS LIKE YOU'VE MADE SOME PROGRESS.
UM, I GUESS BEFORE I GO TO THE COMMISSIONERS, UM, AUSTIN CODE SUPERVISOR, LUCAS, DO YOU HAVE ANYTHING TO SAY ABOUT THE ROOF OR THE CONDITION OF THE ROOF? UM, THE PROPERTY IS FENCED OFF, UH, ALL THE WAY AROUND.
I'M NOT REAL CONCERNED ABOUT PEOPLE GETTING TO IT, BUT IT, THE, THE ROOF STRUCTURE AND THE RAMP GETTING UP TO THE FRONT PORCH, UH, ARE VERY DANGEROUS AND THEY NEED TO BE ADDRESSED.
AND THAT'S MAINLY THE REASON THIS CASE CAME TO THE BUILDING AND STANDARDS COMMISSION.
IT'S BEEN IN THIS, UH, STATUS FOR OVER A YEAR NOW.
UM, AND I BELIEVE SOMETHING NEEDS TO BE DONE WITH ALL THOSE THINGS.
UM, IF WE DON'T, DO WE HAVE ANYBODY ELSE I WOULD LIKE TO SPEAK? UM, WILL THE, HES LIKE, NO.
UM, I GUESS THE COMMISSIONERS, IF YOU HAVE ANY QUESTION, IF, IF, UM, AS A RESULT OF THE SETTLEMENT AGREEMENT, THE FAMILY WILL HAVE SOME FUNDS TO BE ABLE TO, UH, TAKE DOWN THE, THE RAMP AND THE ROOF AND, UH, GET THOSE THINGS DONE QUICKLY.
UM, BUT AGAIN, WE WOULD ASK FOR 90 DAYS BEFORE, UH, YOU GUYS START ASSESSING PENALTIES SO THAT WE CAN GET A CONSENSUS AND GET SOMETHING GOING AND GET SOME PERMITS AND GET THINGS DONE.
COMMISSION OF FRANCIS, I'M CHAIR, JUST A QUICK QUESTION.
SO 90 DAYS, I BE SURE I'M CLEAR.
YOU, YOU GUYS CAN'T TAKE ANY ACTION AT THE PROPERTY FOR 90 DAYS? NO, I, I THINK THAT IF, IF WE GET THE SETTLEMENT DOCUMENTS AND THE, THE FUNDS THIS FRIDAY THAT THEY COULD DO THE, UM, TAKE CARE OF THE ROOF AND THE,
[00:25:01]
AND THE, UM, RAMP THAT ARE CONSIDERED MOST DANGEROUS RIGHT AWAY.UM, BUT AS FOR THE, THE REQUIREMENT THAT, UH, WE OBTAIN AND FINALIZED PERMITS AND REPAIR THE VIOLATIONS WITHIN 45 DAYS, I DON'T THINK THAT WE WOULD HAVE CLEAR TITLE TO THE PROPERTY IN ORDER TO BE ABLE TO, UH, TO DO THAT AND GET THAT DONE, UM, IN 45 DAYS.
WOULD THAT SATISFY THAT ISSUE OF YOURS IN TERMS OF THE SAFETY HEALTH, THAT THOSE IMMEDIATE HEALTH SAFETY ISSUES, IF WE COULD RECONCILE THAT WITHIN 15 DAYS AND THEN, CUZ YOU SAID IT WAS FENCED, RIGHT? IT IS FENCED.
WOULD THAT REMOVE THE MOST IMMEDIATE THREAT AND THEN GIVE THEM THE BANDWIDTH THEY NEED TO GET? I BELIEVE IT WOULD, UH, REMOVE THE DANGER THREAT.
UM, I THINK THE, UM, BEING HOW OLD THIS CASE IS AND SURE.
AND STUFF, I WAS JUST WANTING SOMETHING TO BE DONE AND SOMEBODY TO GET THESE THINGS DONE, IT LOOKS LIKE WE'RE GETTING MUCH CLOSER TO, TO BE IN THAT POSITION SURE.
AND WANNA KEEP MOVING FORWARD.
AND 15, THAT WOULD WORK FOR YOU 15 DAYS TO GET THOSE THINGS IMMEDIATE ISSUES DONE.
I BELIEVE THAT WE CAN DO THAT, YES.
I DON'T HAVE ANY OTHER QUESTIONS.
ANYONE ELSE? SO I, I DO HAVE A QUESTION.
UM, CONSIDERING THAT YOU DON'T HAVE THE AGREEMENT IN PLACE YET, UM, WILL YOUR CLIENTS FEEL COMFORTABLE MAKING THOSE TEMPORARY REPAIRS? THE AGREEMENT, UH, RIGHT NOW IS WHAT WE CALL A RULE 11 AGREEMENT, WHICH, UH, IS BINDING WHAT WE'RE WAITING ON ARE THE SIGNED DOCUMENTS TO BE ABLE TO FILE THEM.
I JUST DON'T HAVE THE, UM, CASH IN HAND AND THE, AND THE, THE FINAL DOCUMENTS IN HAND.
UM, BUT, UH, SINCE YOU GUYS ARE, UH, PUSHING ALL THIS, I'M, I'M GOING TO PUSH HIM TOMORROW AND SEE WHAT I CAN DO.
UH, BUT I THINK THAT THE FAMILY FEELS MUCH MORE SECURE IN, IN BEING ABLE TO GO FORWARD, EVEN IF THEY HAVE TO GET IT OUT OF THEIR OWN POCKETS TO TRY AND GET THIS DONE.
THEY ALSO DIDN'T WANT THIS HOUSE TO DETERIORATE LIKE IT DID.
THIS HAS BEEN, UH, VERY DIFFICULT FOR THEM AS WELL.
IF WE DON'T HAVE ANYTHING ELSE, DO ANY OF THE OTHER COMMISSIONERS HAVE QUESTIONS OR WOULD ANYBODY LIKE TO, LIKE, TO CLOSE THE PUBLIC PART OF THE, THE HEARING? ADAM, CHAIR, COMMISSIONER, FIRE BURGER? YEAH, SURE.
UM, FIRST I MOVED TO CLOSE THE PUBLIC HEARING, AND THEN I WOULD LIKE TO MAKE A MOTION TO MODIFY STAFF'S RECOMMENDED ORDER.
UM, SO THE ORDER WOULD READ TO OBTAIN AND FINALIZE UNNECESSARY PERMITS, UH, TO REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.
AND TO REPAIR, REPAIR OR REMOVE THE PORCH, ROOF AND PORCH RAMP WITHIN 15 DAYS FROM THE DATE THE ORDER IS MAILED.
REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS THE CIVIL PENALTY OF $250 PER WEEK.
BASICALLY, EVERYTHING ELSE REMAINS THE SAME.
SO LET'S MAKE SURE WE'RE GOING TO CALL THE VOTE AND I DON'T, I DON'T WANNA MAKE YOU REPEAT ALL THAT.
UM, DID EVERYBODY UNDERSTAND THE MOTION AS STATED? THANK YOU.
SO WE'LL GO AHEAD AND VOTE ON THIS AND I THINK IT'S EASIER TO JUST GO AROUND.
SO, COMMISSIONER FRANCIS, HOW DO YOU VOTE? AYE.
AND WAS YOUR MOTION? YES, I, I AM IN FAVOR.
AND COMMISSIONER MUELLER? YES.
SO WE DO HAVE A VOTE THAT CARRIES.
SO WE WILL, UM, HAVE THAT ORDER MAILED OUT AND HOPEFULLY EVERYTHING WORKS OUT AND YOU GET THE SIGNED DOCUMENTS.
AND, UM, YES, THIS FAMILY'S GONNA TRY AND MAKE THAT VIA APPLE IN THE NEIGHBORHOOD INSTEAD OF A LIGHT
SOUNDS LIKE YOU'RE DOING A GREAT JOB FOR THEM.
OKAY, ARE WE READY TO MOVE ON TO THE NEXT CASE? YES, WE ARE.
[3. Case Numbers CL 2020-155287; CL 2020-155276; CL 2020-155298; CL 2020-155304; CL 2020-155310; CL 2020-155317; CL 2020-155336; and CL 2020-155341]
ITEM NUMBER THREE[00:30:01]
ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 4,600 EAST SESOR CHAVEZ WITH EIGHT RELATED CASES.THE EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READER OR GOOGLE DRIVE FOLDER.
THE CASE IS BEING HEARD TONIGHT OR IS FOLLOWS, CL 20 21 55 2 76 IS REGARDING UNIT ONE C 2021.
5 5 2 8 7 IS REGARDING UNIT TWO C 2021.
5 5 2 9 8 IS REGARDING UNIT THREE C 2021.
3 0 4 IS REGARDING UNIT TWO OH, UNIT FOUR C 2021.
5 5 3 1 0 IS REGARDING UNIT FIVE C 2021.
5 5 3 1 7 IS REGARDING UNIT SIX C 2021.
5 5 3 3 6 IS REGARDING UNIT NINE AND CL 20 21 55 3 41 IS REGARDING UNIT 10.
HERE ARE SOME FACTS ABOUT THE PROPERTY.
THESE CASES WERE HEARD IN OCTOBER, 2020 REGARDING NO HEAT AND HOT WATER IN THE EIGHT OCCUPIED UNITS AT THE PROPERTY.
A BSC ORDER WAS ISSUED FOR REPAIR WITHIN 45 DAYS WITH A PENALTY OF $1,000 PER WEEK TO BEGIN TO ACCRUE ON THE 46 DAY IF REPAIRS WERE NOT MADE.
NO PERMITS HAVE BEEN OBTAINED AND NO REPAIRS HAVE BEEN MADE TO DATE PENALTIES AS OF TODAY'S DATE, TOTAL $94,714 INCLUDING INTEREST AND CONTINUE TO ACCRUE DESPITE THE HEALTH AND SAFETY CONCERNS BECAUSE THE BUILDINGS OCCUPANTS WERE RESIDING ON THE PROPERTY ILLEGALLY, THE CITY WAS UNABLE TO VACATE THE PROPERTY AND BOARD AND SECURE IT UNTIL RECENTLY.
THE OWNER IS NOW DECEASED AND THE FUTURE OWNERSHIP OF THE PROPERTY IS STILL UNDETERMINED BECAUSE OF THE SIGNIFICANT NUISANCE AT THIS PROPERTY.
IT REMAINS A HEALTH AND SAFETY CONCERN, IS A BLIGHT TO THE COMMUNITY AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES DEMOLITION IN YOUR READERS.
YOU WILL FIND THE FOLLOWING, EXHIBIT 17, WHICH CONTAINS UPDATED COMPLAINTS AND CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURAL MAP OF THE PROPERTY, A NEW NOTICE OF VIOLATION, NOTICES OF HEARING AND POSTINGS, A COPY OF THE EXISTING BSC ORDER, TRV 20 22 2 2 2 33 AND AND IS AND FINALLY A PEN PENALTY STATEMENT, EXHIBIT 18, WHICH IS A 14 PAGE POLICE ACTIVITY REPORT.
AND LASTLY, EXHIBITS 19 A THROUGH 19 N, WHICH CONSISTS OF PHOTOGRAPHS FOR EACH OF THE CASES PRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR FAIR PRESLEY IS ASSIGNED TO THIS CASE AND WILL PRESENT PHOTOS MARKED AS EXHIBITS 19 A THROUGH 19 N AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
I'M INVESTIGATOR WITH THE CASE REVIEW AND ESCALATION TEAM OF THE AUSTIN CODE DEPARTMENT.
I WAS ASSIGNED TO THIS CASE AFTER A BSE REPAIR ORDER WAS ISSUED AT THIS BUILDING AND STANDARDS COMMISSION IN OCTOBER OF 2020.
SINCE THE BSE ORDER WAS ISSUED, THIS PROPERTY HAS EXPERIENCED A SERIES OF EVENTS THAT HAVE LED TO A HEALTH AND SAFETY ISSUE FOR IMMEDIATE PROPERTY AND NEIGHBORHOOD.
TO SUMMARIZE THE EVENTS I'VE CON I HAVE BEEN CONTACTED BY APD REGARDING DANGEROUS PEOPLE SQUATTING ON SITE AND NOT VISIT THE PROPERTY UNLESS ACCOMPANIED BY APD DUE TO ONGOING INVESTIGATIONS OF PEOPLE DOING ILLEGAL ACTIVITIES AT, AT THIS LOCATION WITH APDS ASSISTANCE, I HAVE PERFORMED CLEANUPS INCLUDING HOUSEHOLD GARBAGE, SYRINGE, NEEDLES AND TRASH WITH A TOTAL OF 320 YARDS REMOVED.
THIS PROPERTY SHARES A BACKYARD WITH FOUR PROPERTY OWNERS WITH LESS THAN FOUR FEET OF SPACE BETWEEN FENCES.
THE PROPERTIES THAT ADJOIN THE STRUCTURE HAVE HAD THEIR ELECTRICITY AND WATER STOLEN SEVERAL TIMES.
WE HAVE ALSO BOARDED SECURED FENCE THE PROPERTY DUE TO THE IMMEDIATE HEALTH AND SAFETY ISSUES.
THIS PROPERTY HAS PRODUCED A 40 PAGE POLICE REPORT WITH SEVERAL ISSUES, INCLUDING BODILY HARM AND THEFT.
THIS PROPERTY HAS BECOME A MAJOR HEALTH AND SAFETY ISSUE IN THIS NEIGHBORHOOD.
THIS PROPERTY HAS A BUS STOP DIRECTLY ON THE CORNER IN AN ELEMENTARY SCHOOL WITHIN TWO MILES.
EVEN WITH PROPERTY BEING SECURE, WE MUST GO BY DAILY TO FIX THE FENCE.
OUR REBOARD WINDOWS HAD BEEN BROKEN INTO THE AUSTIN CODE DEPARTMENT AND THE AUSTIN POLICE DEPARTMENT.
BELIEVE THIS PROPERTY IS INHABITABLE AND A PUBLIC HEALTH AND SAFETY ISSUE, WE'RE ASKING TO SECURE THE DEMOLITION ORDER TO, TO BEST PROVIDE RESOLUTION TO THE NEIGHBORHOOD.
I WILL TAKE YOU THROUGH THE PHOTOS MARKED 19 A THROUGH 19 N FIRST PHOTO, 19 A.
UM, THIS SHOWS THE RIGHT SIDE OF THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
THIS DOES SHOW AFTER WE DID THE BOARD AND SECURE AND FENCING AROUND 19 B SHOWS THE RIGHT SIDE OF THE STRUCTURE.
YOU CAN SEE IN THE BACK WHERE THE PROPERTY IS STILL HAVING SOME ILLEGAL DUMPING ISSUES.
YOU CAN ALSO SEE WHERE THE FRONT OF THE BUILDING HAS BEEN TAGGED AFTER WE BOARD SECURE AND FENCED.
THIS ALSO SHOWS THE TILL THE RAFTERS AND THE ROTTEN FACIAL BOARDS THAT HAVE NOT BEEN REMOVED OR FALLEN DOWN LIKE A LOT OF THE REST.
NEXT PHOTO 19 C SHOWS THE LEFT
[00:35:01]
SIDE OF THE PROPERTY THAT RUNS ALONG SPRINGDALE ROAD.AS YOU CAN SEE, SEVERAL SPOTS ALONG THE ROOF ARE MISSING SHINGLES.
THE DECKING IS WARPED AND DETERIORATED.
AS YOU CAN SEE, THE SIDE OF THE PROPERTY IS STILL BOARDED AND SECURED AND FENCED.
NEXT PHOTO, 19 D SHOWS THE BACKSIDE OF THE PROPERTY.
IT ALSO SHOWS HOW CLOSE THE STRUCTURE IS TO THE BACK FENCE TO THE NEIGHBORS.
YOU CAN SEE MORE OF THE ROOF THAT HAS WARPED DECKING IN A LOT OF FACIAL BOARDS THAT HAVE BEEN REMOVED AND EXPOSING THE INTERIOR OF THE UNITS TO THE ELEMENTS OF NATURE.
THIS SHOWS WITH A GAS METER HAS BEEN REMOVED AND THE STUCCO WALLS ARE STARTING TO COME APART DUE TO WEATHER DAMAGE FROM THE ROOF AND EXPOSE OPENINGS FROM THE FAIA BOARDS BEING REMOVED.
NEXT PHOTO SHOWS A CLOSER 19 F SHOWS A CLOSER RIP VIEW OF THE ROTTEN FASCIA BOARDS AND THE ONES THAT WERE REMOVED.
THIS IS ALSO SHOWING SOME OF THE ELECTRICAL LINES THAT HAVE BEEN RIPPED AWAY FROM THE BUILDING.
THIS WAS BEFORE THE LAST CLEANUP WAS DONE AND IT SHOWS WHERE THE, SOME OF THE WINDOWS HAVE BEEN COMPLETELY REMOVED AND THE OPENINGS ALONG WITH THE WINDOW FRAMES.
UH, NEXT PHOTO, 19 H SHOWS WHERE SOME, SOMEONE POSTED UP SOME PAPER TO COVER A HOLE THAT WENT OUT OF THE UNIT AND OPENED INTO THE ROOF WHERE YOU COULD SEE OUTSIDE.
IT ALSO SHOWS THE ELECTRICAL FROM THE FAN HAS BEEN RIPPED OUT AS WELL.
NEXT PHOTO, IT SHOWS WHERE THE, SHOWS WHERE THE SHEET ROCK HAS BEEN REMOVED FROM MOST OF THE WALLS AND CEILINGS OF THE UNITS.
THEY REMOVE THE PLUMBING AND ELECTRICAL AS WELL.
THIS IS JUST A SECOND UNIT WITH THE SAME DAMAGE.
I WANTED TO SHOW MORE UNITS THAT HA THEY HAVE THE EXACT SAME DAMAGE IN ALL 10 UNITS.
THIS IS JUST A BETTER CLOSER UP PICTURE OF THEM REMOVING THE ELECTRICAL, THE PLUMBING, AND THE ROMAX.
THIS IS THE PHOTO SHOWING THE MASSIVE CLEANUP WE HAD TO DO THAT INCLUDED SEVERAL ITEMS OF DRUG PARAPHERNALIA AND HUMAN WASTE.
NEXT PHOTO SHOWS A STOLEN GENERATOR THAT WAS BEING USED FOR SOME OF THE UNITS.
THIS ALSO SHOWS A BIT MORE OF THE TRASH AND SUBSTANDARD CONDITIONS THAT THEY WERE LIVING IN.
AND NEXT PHOTO, THIS WAS THE CLEANUP THAT WE DID.
IT TOOK ABOUT NINE HOURS, AND THEN RIGHT AFTER WE DID THAT, WE FENCE THE ENTIRE PROPERTY.
MY DISTRICT REP WITH AUSTIN POLICE DEPARTMENT IS IN ATTENDANCE AS WELL.
WE'RE AVAILABLE FOR ANY QUESTIONS.
UM, DO YOU WANNA HEAR FROM HIM OR DO YOU WANT ME TO READ THE, THE, UH, RECOMMENDATION INTO THE RECORD? I THINK GO AHEAD AND READ THE RECOMMENDATION AND THEN WE'LL ADMIT THE EXHIBITS AND THEN HE CAN TELL US A LITTLE BIT MORE.
UM, IN YOUR, LET'S SEE, 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 IS SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT 17, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBIT 18, WHICH IS A POLICE ACTIVITY REPORT.
AND LASTLY, PHOTOGRAPHS MARKED AS EXHIBITS 18 A THROUGH 18.
N STAFF ASKED THE COMMISSION TO ADOPT THEIR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING OF FACT THE COMMISSION'S CURRENT BUILDING AND STANDARD COMMISSION ORDER TRV 20 22 2 2 2 3 3 WAS NOT APPEALED.
AND THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED HAS LAPSED FINDING OF FACT, THE COMMISSION ASSESSED A CIVIL PENALTY OF $1,000 PER WEEK AND IT'S 2020.
PENALTIES HAVE ACCRUED IN THE AMOUNT OF $94,714 TO DATE AND ARE STILL ACCRUING AS OF THE DATE OF THE COMMISSION ISSUED THIS ORDER.
THE PROPERTY OWNER HAS NOT PAID THIS CIVIL PENALTY.
STAFF ASKED THE COMMISSION TO MODIFY THE 2020 ORDER BY ONE, REDUCING THE CIVIL PENALTY AMOUNT ACCRUED IN ITS 2020 ORDER TRV 20 20 0 2 2 2 2 3 3 OF $94,714 TO 25% OF THE TOTAL AMOUNT OWED TO DATE, OR $23,679.
ORDER THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RATE C REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE THREE ON THE 45TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL
[00:40:01]
PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.AND B 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.
A LIE FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, ENTER SHE CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
ARE YOU, WELL, WE'LL GO AHEAD AND ADMIT EXHIBIT 17, EXHIBIT 18 AND EXHIBIT 19 A THROUGH 19 N, WHICH ARE THE PHOTOGRAPHS.
AND, UM, APD DISTRICT REP JUSTIN CUMMINS.
UM, WHAT WOULD YOU LIKE TO TELL US ABOUT THIS PROPERTY? UH, THANK YOU MA'AM.
UM, SO THIS PROPERTY AS A DISTRICT REPRESENTATIVE, I AM THE COMMUNITY LIAISON BETWEEN THE COMMUNITY AND THE POLICE DEPARTMENT.
UM, SO I TAKE CALLS THAT ARE, UM, NOT OF EMERGENCY, UM, BUT ARE MORE OF A FOLLOW UP.
UM, SO IN REGARDS TO THIS SET, UH, TO THIS PROPERTY, UM, BACK SINCE BACK 2021, I'VE RECEIVED MANY CALLS FROM THE ADJOINING NEIGHBORS AND BUSINESSES ALONG CAESAR CHAVE, SPRINGDALE AND FIFTH STREET, UH, JUST NORTH OF THERE.
UM, IN REGARDS TO, UM, UM, SUBJECTS THAT ARE, ARE LIVING THERE ILLEGALLY, UM, FROM STEALING ELECTRICITY, STEALING WATER, UM, STEALING PACKAGES.
UM, AND THESE RESIDENTS KNOW THAT THE SUBJECTS WERE COMING FROM SET PROPERTY.
UM, WHAT WAS MENTIONED EARLIER ABOUT ONGOING INVESTIGATIONS, IT GOT SO BAD AT THE BEGINNING OF 2022 THAT OUR, UH, PATROL OFFICERS THAT WORKED THAT AREA, UH, NORMALLY DON'T CALL ME TO SEE IF WE CAN GET WITH CODE TO SEE IF WE CAN GET SOMETHING DONE.
UM, BUT IT WAS, UH, A LOT OF CALLS IN REGARDS TO VIOLENT CRIMES THEFTS, UH, FROM THOSE 10 APARTMENTS.
UM, SO COMING INTO THAT, UH, WE GOT WITH AUSTIN CODE, UM, WENT AND SPOKE WITH EVERYBODY IN THE RESIDENCE, SAW THAT IT WAS INHABITABLE, UM, NO RUNNING WATER, NO ELECTRICITY, HUMAN FECES, YOU CAN SEE THROUGH THE ROOF, THROUGH THE WALLS.
UM, AND THE AMOUNT OF DRUG PARAPHERNALIA AND TRASH AND, UH, DEBRIS, UH, WAS SOMETHING I HAVEN'T SEEN IN MY SIX YEARS AS A DISTRICT REPRESENTATIVE.
UM, SO AFTER THE BOARDING, OF COURSE, UM, WE MOVED PEOPLE ALONG, BUT, UM, FENCE, EXCUSE ME, WITH THE BOARDING AND FENCING, WE DID BRING IN, UM, PEOPLE TAGGING THE PROPERTY A LOT, NEW TAGS.
AND I KNOW SOME OF THE BOARDS WERE REMOVED RECENTLY THAT OP PATROL OFFICERS HAD TO GO WITH CODE TO REBOARD.
UM, SO IT'S JUST A HEALTH AND SAFETY ASPECT IN REGARDS TO ALL THE NEIGHBORS, UH, SURROUNDING, UM, THAT PROPERTY, UM, BUSINESS OWNERS AND RESIDENTIAL.
WELL, THANK YOU FOR THAT SUMMARY.
UM, WE DO ALSO HAVE THE, HES TO THE OWNER, IS THAT RIGHT? ARE YOU THE SON TO THE OWNER? OKAY.
UM, AND CAN YOU TELL ME YOUR NAME, PLEASE? YES, PHIL HUCKABEE.
THANK YOU FOR PRONOUNCING THAT.
SO YOU'LL HAVE A FEW MINUTES, FIVE MINUTES TO BE PRECISE, TO TELL US, UM, YOUR POSITION ABOUT THIS WHOLE THING AND WHAT YOU WOULD LIKE THE COMMISSION TO CONSIDER TONIGHT.
FIRST OF ALL, UH, AUSTIN POLICE, JUSTIN CUMMINGS, AWESOME GUY.
UH, AND HE, HIS DESCRIPTION OF THE PROPERTY IS CORRECT AND IT WAS MORE DANGEROUS THAN THAT.
UM, ALSO MY, UM, UH, CONTACTS WITH THE, UH, CODE DEPARTMENT, UH, JOSEPH LUCAS, AWESOME GUY.
YOU GOTTA REMEMBER THAT GUY WHEN HE'S GONNA DO HIS PERFORMANCE VALUATION.
AND MELANIE ALI, THANK YOU FOR EVERYTHING YOU'VE DONE.
UM, SO MY MOTHER, HER BIRTHDAY IS TOMORROW, SHE WOULD'VE BEEN 83, BUT SHE DIED ON, UH, JUNE 15TH.
UM, SHE WAS, HAD SERIOUS MENTAL HEALTH ISSUES AND THE PEOPLE THAT SHE TRUSTED TO RUN THE APARTMENTS, YOU KNOW, SHE, SHE DEPENDED ON THEM, BUT THEN THINGS FELL APART AND THEN THINGS GOT WORSE.
UH, SO WHENEVER THE AUSTIN CODE TRIED TO DEAL WITH MY MOTHER, WHO I DIDN'T EVEN HAVE THE BEST RELATIONSHIP WITH, IT WAS, UH, YOU KNOW, A BRICK WALL.
YOU WEREN'T GONNA GO ANYWHERE AND SHE WASN'T GONNA DO ANYTHING.
AND IT DIDN'T MATTER WHETHER YOU WERE GONNA SAY $1,000 A WEEK FINES OR $10,000 A WEEK FINES.
SHE, YOU WEREN'T GONNA GET MONEY OUT OF HER.
SO WHILE WE'RE HERE AND TO STAY ON TOPIC, IT'S ABOUT THE DEMOLITION.
YOU KNOW, THE PEOPLE IN THE NEIGHBORHOOD, THE NEIGHBORS KNOW THAT IF THE, UH, APARTMENTS COME BUILDING DROPS, THEY'LL LOSE A LITTLE PRIVACY.
BUT I BELIEVE THAT THEY, THE ONES WHO I TALKED TO SAID THAT THEY WOULD RATHER NOT HAVE THE, UH, BAD ELEMENT RETURN,
[00:45:01]
YOU KNOW, AND THIS WILL BENEFIT WHATEVER DEVELOPER DOWN THE ROAD, BUT I AM NOT THE RECIPIENT OF THAT PROPERTY IN THE WILL.AND, UH, GIERMO HAS TWO DAUGHTERS, UH, LORRAINE AND SOPHIA.
I MEAN, UH, STEPHANIE, STEPHANIE, SORRY.
AND, UH, LORRAINE WILL BE HIS SPOKESPERSON.
AND I DON'T KNOW WHETHER LORRAINE IS ON THE PHONE NOW OR NOT, BUT, UM, SHE KNOWS ABOUT THIS MEETING.
SO THEY'RE IN LINE TO INHERIT 4,600 EAST CHAVEZ.
AND, UH, OF COURSE, THE ENCUMBRANCES THAT WE'RE TALKING ABOUT HERE WITH THE CITY OF AUSTIN, IT GOES FURTHER, UH, WITH, UH, TRAVIS COUNTY DELINQUENT TAXES, UH, AUSTIN ENERGY, UH, UNPAID UTILITIES.
AND, UH, THERE WAS METER TAMPERING BY THE, UH, PEOPLE WHO LIVED IN, WHO ILLEGALLY LIVED IN THE, UH, PROPERTY AS WELL BEFORE THE, UH, THE POWER WAS TOTALLY, UH, TURNED OFF.
UM, WHERE WE SIT RIGHT NOW IS, UM, I HAVE FILED FOR PROBATE TO, UH, BE NAMED THE EXECUTOR, BUT THE PEOPLE IN THE CASE BEFORE ME EXPLAINED IT TOTALLY.
IT'S A, IT'S A, IT'S CRICKET BILL.
WE'RE WAITING AND WAITING AND WAITING.
SO WITHOUT BEING NAMED EXECUTOR, I'M THE MONKEY IN THE MIDDLE.
I DON'T OWN 4,600, SO THEREFORE I STILL CAN'T DO ANYTHING.
I JUST WANTED TO COME AND FACE YOU PEOPLE AND SHOW YOU THAT HEY, SOMEBODY WOULD SPEAK UP.
WHEREAS I COULD NOT DO THIS WHEN MY MOTHER WAS ALIVE.
AND I'M TELLING YOU, SHE WAS, UH, SHE WAS OUT THERE.
BUT, UM, IF IT COMES DOWN TO DEMOLITION, I MEAN, I'M SURE THE, UM, ESTATE WILL BE CHARGED AND, YOU KNOW, I'M NOT SURE HOW THIS WORKS OUT, BUT THE 20 FAMILY OR THE ESTATE, I DON'T KNOW HOW THAT'S GONNA WORK OUT AT ALL BECAUSE ALL OF THIS IS NEW TO ME.
OTHERWISE, UH, I LOVE TO TALK.
WE APPRECIATE YOU COMING TONIGHT AND THAT WAS VERY HELPFUL.
AND WE ARE SORRY TO HEAR ABOUT THE PASSION OF YOUR MOTHER.
UM, I THINK, UM, I THINK WE WILL HAVE TO DEAL WITH THE OTHER PARTIES THAT YOU SAID INHERITED THE PROPERTY, UM, ONE WAY OR ANOTHER, BUT THANK YOU FOR BEING HERE.
YEAH, JUST A COUPLE, JUST WAIT A COUPLE MINUTES IN CASE THE COMMISSIONERS HAVE QUESTIONS.
THOMPSON, FROM THE LAST MEETING WE HAD HERE, UH, I REMEMBER THAT THE ISSUE, ONE OF THE BIG ISSUES WAS, AND I THINK IT HAPPENED MORE THAN ONCE, IT WAS, UM, UH, GAS, GAS FUMES AROUND.
AND, UH, IS THAT, I NOTICED IN ONE OF THE, UH, PHOTOS IT SHOWED THAT THE GAS METER HAD BEEN REMOVED IS THAT IT'S BEEN REMOVED AND CAPPED OFF ALONG WITH ELECTRICITY REMOVED TO THE POLE.
UH, AND I'M JUST GONNA OFFER SOMETHING FOR THE 2 CENTS IT'S WORTH IS THAT, UH, I'M IN THE, I'M FROM THAT NEIGHBORHOOD AND, UM, I, I'VE NEVER BEEN INSIDE OF THE PERIMETER OF IT, BUT WHEN I WAS WALKING ACROSS THE SPRINGDALE, I THINK IT WAS, IT GOT TO BE A REALLY STRONG, UH, SMELL FROM WHAT LOOKED TO ME LIKE WAS COMING OUT OF THE, OUT OF UNDERNEATH THE PAVEMENT.
SO THERE MIGHT BE ANOTHER SOMETHING, NOBODY COMES BY THERE.
I KNOW THAT THAT'S WORTH 2 CENTS.
THANK YOU FOR THE BACKGROUND INFORMATION.
ANY OTHER COMMISSIONERS HAVE QUESTIONS TO CODE INSPECTORS OR TO THE, UM, TO MR. HABE, THE SON OF THE DECEASED OWNER? OH, COMMISSIONER FIRE.
UM, THIS IS ACTUALLY A QUESTION MORE FOR CODE STAFF.
I'M CURIOUS ABOUT THE REDUCTION, THE RECOMMENDED REDUCTION IN THE FINES.
IF YOU COULD SPEAK TO THAT KIND OF THE REASONING BEHIND IT.
UM, IT WAS DISCUSSED AMONG STAFF TO LOOK AT THE, THE FINES.
THE OWNER IS DECEASED AND SO WE WERE LOOKING AT TRYING TO REDUCE, THERE ARE $96,000 IN FINES.
THERE'S NO IDENTIFIED OWNER AT THIS TIME.
SO, YOU KNOW, WE WERE LOOKING AT THE PROPERTY JUST TRYING TO, UH, FIX THE, SO THAT WE WOULDN'T HAVE A, A LIEN FOR A DEMOLITION AND CONTINUE TO HAVE, UM, PENALTIES ACCRUING.
SO THEY JUST DECIDED TO TRY TO FIX THE PENALTIES AND, UH, THAT AMOUNT COULD BE, YOU KNOW,
[00:50:01]
THAT COULD BE ADJUSTED EITHER.THAT'S REALLY TOTALLY UP TO Y'ALL IF YOU WANT TO ADJUST THOSE PENALTIES.
THAT'S WHAT WE CAME UP WITH, UM, AMONG STAFF, YOU KNOW, WE HAD A MEETING ABOUT IT AND, AND THAT WAS WHAT WAS DECIDED.
UM, YES, PERSONALLY, I DON'T SEE ANY NEED TO BE PUNITIVE WITH IT.
UM, AND THE, I WOULD BE CONCERNED ABOUT, OF COURSE, RECOUPING ANY EXPENSES THE CITY HAS INCURRED, WHICH WOULD BE IN TERMS OF FENCING OR DEMOLITION IF AND WHEN IT COMES TO THAT.
UM, BUT IT DOES SEEM LIKE THERE WOULD STILL BE A LOT OF STAFF HOURS THAT HAVE REALLY NOT BEEN COVERED.
SO, YOU KNOW, THAT'S SOMETHING WE COULD DISCUSS AS A COMMISSION.
OF COURSE COMMISSION AT THOMPSON.
UH, I BALOG RIGHT BEHIND YOU AS FAR AS YOUR THOUGHTS.
UM, THAT IS DEVELOPING AREA AND IT IS VERY, VERY VALUABLE.
AND I DON'T KNOW HOW MANY DOLLARS IT WOULD BE WORTH, BUT IN WHERE I LIVE, EVEN A SINGLE FAMILY HOUSE THAT'S 90 YEARS OLD WILL GO FOR WELL OVER A MILLION DOLLARS.
AND IT'S NOT ON THE MAIN ROAD.
IT'S NOT, UH, SPRINGDALE IS A GOOD, UH, CONNECTION.
AND SO IT IS ESOR CHAVEZ AND THEN YOU HAVE SOME, UH, PRETTY NICE, UH, WONDER RIGHT DOWN THE BLOCK AS I RECALL.
THERE IS THE, THE BUS STATION, UH, THERE IS ALSO A, I THINK IT'S A FOUR STORY, BRAND NEW, UH, STRUCTURE THAT IS GOING UP DOWN THE, UM, DOWN THE ROAD.
SO IT HAS SOME REAL POTENTIAL.
SO, UH, $25,000 IS A VERY SMALL DROP IN THE BUCKET.
UM, I HAVE A QUESTION FOR MR. HAKAI.
SO HAVE YOU BEEN IN TOUCH WITH THIS OTHER, CUZ YOU STARTED LOOKING INTO OPENING UP A PROBATE CASE.
HAVE YOU BEEN IN TOUCH WITH THE PARTIES THAT INHERITED THE PROPERTY? YES, I HAVE.
AND ARE THEY AWARE OF THIS, UM, THE ORDER THAT'S ALREADY THERE FROM THE CODE INSPECTOR? YES, BUT THE SPECIFICS, THEY'RE NOT, THEY DON'T TOTALLY UNDERSTAND EVERYTHING A AS WELL AS I DON'T UNDERSTAND ALL OF IT.
UM, AND TO, UH, THIS FELLOW'S, UH, TESTIMONY, UM, I'M OVER THERE A LOT.
I DON'T SMELL GAS, BUT IF I DID SMELL GAS, I WOULD REPORT IT, UM, BECAUSE THAT WOULD BE A SERIOUS CONCERN.
AND THE NEIGHBORS NEXT DOOR, UH, WOULD DEFINITELY REPORT THAT AS WELL IF THERE WAS, UH, GAS FUMES.
UH, AND AS FAR AS THE PROPERTY VALUE, MY MOTHER WAS NOT OF SOUND MIND.
SHE DID SIGN A CONTRACT TO SELL 4,600 EAST, UH, CAESAR CHILD IS.
AND, UM, THERE'S A JUDGMENT ON THAT PROPERTY, YOU KNOW, BY DEVELOPERS.
UM, I THINK THE MAIN CONCERN THAT I HAVE IS NOT HAVING THE RIGHT PARTIES ON NOTICE, BUT, UH, YES, I DID.
I'VE SPOKEN TO THE DAUGHTER, DAUGHTER, SHE WAS PLANNING TO BE HERE AT THE MEETING.
WE DID NOT HAVE HER CONTACT INFORMATION WHEN WE SENT THE NOTICES OUT, BUT WE, WE OBTAINED IT A DAY OR TWO LATER.
SO I SPOKE TO HER ON THE PHONE.
SEVERAL OF THE NEIGHBORS I'VE TALKED TO, THEY WERE ALL AT, I SENT THEM ALL THE, UM, INFORMATION ABOUT THE MEETING AND THEY WERE SENT THE CALL IN INFORMATION AS WELL.
I, I FULLY EXPECTED THREE ADDITIONAL PEOPLE TO BE ON THE CALL TONIGHT.
THANK YOU FOR CLARIFYING THAT.
I THINK, UH, THAT WAS VERY HELPFUL.
DO WE HAVE ANYBODY ELSE HERE FOR THE DEVELOPER OR ANY JUDGMENT CREDITOR ON THIS CASE? NO.
UM, DO WE HAVE, UM, ANY MOTION OR QUESTIONS MOVE TO MOVE TO CLOSE THE PUBLIC HEARING? OKAY, GOOD.
SECOND IT, COMMISSIONER FRYBERGER SECOND THAT AND ALL IN FAVOR OF CLOSING THE PUBLIC PART OF MADAM CHAIR.
I JUST HAD ONE QUICK QUESTION, MELANIE.
IN TERMS OF ADJUSTING THE AMOUNT IN ON SECTION THREE B, WHICH TALKS SAYS THE PROPERTY OWNER SHALL BE UNNOTICED, THAT CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES.
SO THE, THAT 23 IS A PENALTY AND THEN ALL THE COSTS RELATED TO, SO THE DEMOLITION AND FENCING AND ALL THOSE THINGS ARE THEN ROLLED INTO THAT? NO, NO, THAT'S TOTALLY
[00:55:01]
SEPARATE.SO THE ORIGINAL ORDER, WHICH IS A COPY OF, WHICH IS IN YOUR, UH, READER MM-HMM.
THEY HAD TO TOTALLY BE REPLACED.
AND THAT WAS WHAT THE ORDER WAS, THAT THE ORDER, THE PREVIOUS ORDER THAT WE'RE TALKING ABOUT, OR THE EXISTING ORDER RIGHT NOW THAT HAS $94,000 IN PENALTIES THAT IS, UM, TO REPLACE THE GAS LINES.
AND THEN SO THE OWNER NEVER REPLACED THE GAS LINES.
THOSE PENALTIES ARE ACCRUING AND JAMES HAD GIVEN ME FIGURES, WHICH I DON'T HAVE IN FRONT OF ME FOR LIENS.
LIENS CAN'T BE REDUCED, ANY KIND OF BOARD INSECURE OR FENCING, ANYTHING LIKE THAT, THOSE KIND OF FINES CANNOT BE REDUCED AT ALL.
SO THERE'S AN ADDITIONAL, PRETTY SIGNIFICANT AMOUNT OF MONEY THAT'S OWED JUST FOR FENCING, FOR BOARD, FOR ABATEMENT, FOR BOARD INSECURE, UM, THAT'S SEPARATE FROM THAT $94,000.
SO $94,000 IS JUST WHAT'S ACCRUED FOR NOT REPAIRING THE GAS LINES.
SO THEN, AND THEN FOR A DEMOLITION WE WOULD FOLLOW, IF THE CITY COMPLETES THE DEMOLITION, WE'LL FILE FILE A LIEN AND DISTRICT, YOU KNOW, FOR THAT.
SO WE'RE TALKING ABOUT THREE SEPARATE AMOUNTS OF MONEY.
SO WE, WE WILL, UM, VOTE ON CLOSING THE PUBLIC PART OF THE HEARING.
ALL IN FAVOR OF CLOSING THE PUBLIC PART OF THE HEARING, SAY AYE, AYE.
SO, UM, WE CAN CERTAINLY COMMENT OR TAKE MORE COMMENTS ON THIS PARTICULAR PROPERTY.
UM, I THINK MY, WELL, MY INCLINATION IS TO MOVE FORWARD
AT THE VERY LEAST, THE, THE OWNERS' SON SAID THAT HE KNOWS THAT THEY KNOW ABOUT THIS PROCEEDING AND THAT OTHER ORDER HAS BEEN ON FILE FOR ABOUT A YEAR NOW.
SO I FEEL COMFORTABLE THAT WE CAN MOVE FORWARD AND THE DEMOLITION, UM, LYNN WILL ATTACH TO THE PROPERTY ITSELF, WHICH IS A VALUABLE PIECE OF PROPERTY.
SO COMMISSIONERS CAN, CAN I ASK A QUESTION? SURE.
JUST IN REGARD TO THE FINE REDUCTION, I, I FORGET WHO MENTIONED BEFORE, THE VALUE OF STAFF'S TIME ON THIS CASE.
I GUESS I WOULD JUST WANNA MAKE SURE THAT WHATEVER AMOUNT WE LOWER IT TO IS GOING TO COVER WHATEVER COST, YOU KNOW, CODE STAFF HAS ACCRUED IN, UH, WORKING ON THIS CASE.
AND I DON'T KNOW, I THINK THAT WE'VE SEEN ESTIMATES OF THAT IN, IN THE PAST.
SO DO YOU, DOES STAFF HAVE ANY IDEA WHAT THAT FIGURE MIGHT BE OR KIND OF BALLPARK FOR THAT? I THINK THAT'S A GREAT QUESTION.
UM, YEAH, RIGHT NOW THE PROPOSAL IS 25% OF THE ORIGINAL AMOUNT ACCRUED.
SO CAN YOU TELL US A LITTLE BIT MORE ABOUT HOW YOU CAME ABOUT THE NUMBERS CHAIR? OUR BELIEF OF OUR DIRECTOR ROIC WANTS TO SPEAK.
UH, JOSE ROY, DIRECTOR FOR THE AUSTIN CO DEPARTMENT IN REGARD OF THAT AMOUNT, UH, WE ACTUALLY TOOK A LOOK AT THE ORDERS THAT WE HAD IN THE, IN THE PROPERTY AND I HAD A MEETING WITH, UH, THE STAFF IN REGARDS TO THAT.
UH, WE HAVE SPENT AN, AN ENORMOUS AMOUNT OF TIME DEALING WITH PROPERTIES SINCE, UH, THE STORM.
UH, A LOT OF WORK IS BEING COMPLETED, BUT WE FELT LIKE IT WAS KIND OF UNFAIR TO ACTUALLY CONTINUE WITH THE WHOLE AMOUNT BECAUSE THERE WAS NO WAY THEY COULD HAVE BEEN A REPAIR THE GAS LINES.
AND THAT'S WHY WE CAME TO A CONCLUSION THAT IT WAS REASONABLE TO ACTUALLY ASK FOR 25% OF THAT AMOUNT.
WE BELIEVE THAT WOULD ACTUALLY COVER THE COST OF THE TIME THAT WE HAVE A SPENT ON THE PROPERTY.
BUT OF COURSE, THAT IS UP TO YOU AS A COMMISSIONER SO YOU CAN DECIDE IF YOU GO MORE, LESS, UH, OUR, OUR MAIN CONCERN RIGHT NOW IS MAKING SURE THAT WE HAVE A SAFE, UH, PROPERTY AND WE FEEL LIKE THE BEST WAY TO HAVE A SAFE PROPERTY AND ACTUALLY, UH, IN THE BEST INTEREST OF THE NEIGHBORS IS TO ACTUALLY GO TO DEMOLITION.
THANK YOU FOR THAT, UM, INPUT.
YEAH, THAT CLARIFIES A LITTLE BIT.
SO COMMISSIONERS, HOW DO YOU FEEL ABOUT THE 75% REDUCTION? I THINK IT FEELS ABOUT RIGHT.
I WAS A LITTLE CONCERNED AT FIRST, BUT IT, IT DOES FEEL RIGHT.
MANAGER, YES, COMMISSION, I GO WITH THE STAFF'S RECOMMENDATIONS.
WELL, IT SEEMS LIKE THE OTHER EXPENSES
[01:00:01]
ARE BEING DEALT WITH AND IF THIS IS THEIR PROFESSIONAL OPINION OF WHERE THAT NUMBER SHOULD LAND, OTHERWISE WE'D JUST BE, I WOULD BE JUST PULLING A NUMBER OUT IN WHICH THAT THERE SEEM TO BE MORE COMFORTABLE WITH THAT ADJUSTMENT.COMMISSION, THOMPSON, DO YOU HAVE NO, I, I'M NOT COMFORTABLE WITH IT AT ALL.
I THINK THAT, UM, IT IS A PROPERTY THAT HAS CAUSED A LOT OF GRIEF AND A LOT OF EXPENSES FOR THE NEIGHBORHOOD AND SO ON, AND I DO NOT THINK THAT EVEN A HUNDRED PERCENT IS COVERING THAT, ANYTHING.
SO, AND YOU KNOW, IT'S NO BIG DEAL TO ME, BUT I'LL JUST VOTE.
THANKS FOR THE, UM, YEAH, THANKS FOR THE ADDITIONAL CON LIKE, COMMENTS THAT WE CAN CONSIDER.
UM, DO WE HAVE ANY OTHER COMMISSIONERS THAT HAVE QUESTIONS, COMMENTS, OR THOUGHTS BEFORE WE CALL, UH, FOR A MOTION? MADAM CHAIR? YES.
UM, I DO WANNA POINT OUT THERE ARE ONLY SIX COMMISSIONERS HERE TONIGHT, SO ALL OF US WOULD NEED TO COME TO A UNANIMOUS AGREEMENT TONIGHT.
HOPEFULLY WE CAN, HOPEFULLY THERE WILL BE SOME COMPROMISE FROM SOME OF US SOMEWHERE.
UM, I DO THINK THAT IT'S REALLY IMPORTANT THAT WE DO MODIFY THIS ORDER TO BECOME A DEMOLITION ORDER.
IF NOTHING ELSE, LET'S, LET'S FIND A WAY TO GET TO THAT, WHETHER THAT'S MODIFYING THE, THE AMOUNT OF THE PENALTIES OR WHATEVER IT TAKES.
YES, THAT'S A GREAT OBSERVATION.
SO I WOULD SAY, UM, WE ONLY HAVE ONE COMMISSIONER INCLINED TOWARDS NOT TOUCHING THE AMOUNT AT ALL.
SO WHAT PERCENTAGE MIGHT YOU BE COMFORTABLE WITH, IF AT ALL? COMMISSIONER THOMPSON? IF I WERE, IF I WERE GOING TO CONSIDER, UH, A COMPROMISE, I WOULD SUGGEST MAYBE 99%, UH, DO, THEY WOULD PAY 99% AND 1% AT LEAST IT'S AN EFFORT.
YOU ARE PROPOSING A 1% REDUCTION.
THAT'S GOING TO BE, YEAH, I'M NOT SURE.
LET ME ASK COUNCIL, UM, CURRY, WHAT HAPPENS IF WE'RE UNABLE TO REACH A DECISION TONIGHT? UM, UH, LAUREN, COREY, ASSISTANT CITY ATTORNEY, UM, THE OPTIONS AVAILABLE TO THE COMMISSION TONIGHT ARE TO CONTINUE THE CASE, UM, UNTIL THE NEXT HEARING.
IF YOU, UM, WANNA WAIT TO HAVE, UM, A LARGER QUORUM, UM, YOU COULD, UM, UH, I I THINK AT, AT THIS POINT, IF, UM, SINCE THERE ARE ONLY SIX MEMBERS PRESENT, UM, SIX COMMISSIONERS PRESENT, IF YOU DO NOT HAVE AN UNANIMOUS VOTE, UM, THEN YOU WOULD, UM, YOU WOULD NOT AMEND THE ORDER.
UM, THERE ISN'T AN ORDER, SINCE THIS ISN'T A AMENDED ORDER CASE, THERE STILL WOULD BE AN ORDER ON THE PROPERTY.
IT WOULD STILL CONTINUE TO ACCRUE, UM, INTEREST, BUT, UH, THERE WOULD NOT, YOU WOULD NOT BE TRIGGERING THESE DEMOLITION PROCEEDINGS OR THE TIMELINE.
UM, AND SO I WOULD, I WOULD ASSUME THAT MAYBE CODE WOULD BRING THE CASE BACK.
UM, BUT EITHER WAY, I THINK, UH, FAILURE TO AGREE MEANS THAT THERE'S NO DEMOLITION EFFORTS.
UM, AND YOU'LL PROBABLY SEE THE CASE AGAIN.
SO GIVEN ALL OF THOSE, UM, UNTENABLE OPTIONS, BUT WHAT, WHAT WOULD YOU LIKE TO DO? COMMISSIONERS? MADAM CHAIR, SET A QUESTION FOR YOU SAID THAT THE INTEREST WOULD CONTINUE TO ACCRUE OR THE THOUSAND DOLLARS A WEEK.
UM, SO THE INTEREST WILL CONTINUE TO ACCRUE AND ARE, ARE THE PENALTIES ARE ACTIVELY ACCRUING.
SO YES, BOTH WOULD CONTINUE TO ACCRUE.
SO IF WE POSTPONE THIS OR DON'T REACH CONSENSUS AND IT GOES TO THE, THE, THE PROPERTY WOULD CONTINUE WITH THAT THOUSAND DOLLARS A WEEK PENALTY? YES, THE, THE EXISTING ORDER WOULD STILL STAND.
OH, SO ESSENTIALLY WE'D BE ADDING ANOTHER $30,000 TO THAT, BUT THERE WILL BE NO DEMOLITION AND NO DEMOLITION LEAVING THAT WITH THE NEIGHBORS.
SO COMMISSIONER MUELLER AND THEN COMMISSION IS STILL SAID, I THINK,
[01:05:01]
YES.I, I, UM, I, I I'M HOPING THAT MAYBE I CAN HELP, UM, COMMISSIONER THOMPSON GET TO A, SOMETHING HE'S COMFORTABLE WITH, BUT I REALLY FEEL LIKE WE CAN'T WAIT.
THIS DOES NEED TO BE DEMOLISHED.
IT'S REALLY DANGEROUS AND, YOU KNOW, FROM LIVING NEAR IT, UM, WE COULD STOP THE FEES FROM ACCRUING AT THIS POINT SO THEY WOULDN'T ACCRUE ANY ANYMORE.
I DO, UH, TAKE YOUR POINT THAT THIS IS VERY VALUABLE PROPERTY AND THE COST OF THAT WILL LIKELY BE, UM, RECOUPED THROUGH THE SALE OF IT, BUT I FEEL LIKE WE NEED TO MAKE SURE THIS PROPERTY IS DEALT WITH, UM, SOON.
I I REALLY DON'T WANNA HAVE IT WAIT UNTIL THE NEXT MEETING.
SO IF WE FROZE THE AMOUNT AT WHAT IT IS NOW, SO NO MORE ACCRUED OR EVEN REDUCED IT A LITTLE BIT AND FROZE IT THERE, WOULD YOU BE OKAY WITH THAT GIVEN THAT IF WE DON'T COME TO AGREEMENT THAT MEANS ANOTHER MONTH WHEN NOTHING IS DONE TO GET IT ON THE PATH TO BEING DEMOLISHED COMMISSION? THOMPSON, ARE YOU, ARE YOU ASKING ME THE, THAT QUESTION? UH, I WOULD BE VERY HAPPY WITH FREEZING IT, AS YOU SAID, WHAT IT IS IF WE WERE ABLE TO AMEND THIS AND DO PUT A DEMOLITION ORDER IN NOW, AND I THINK THAT WOULD PROBABLY HELP THOSE PEOPLE AS MUCH AS ANYTHING ELSE HAVING THE DEMOLITION ORDER.
WILL ANYBODY LIKE TO, UM, COMMISSIONER STILL SAID, DID YOU HAVE ANY COMMENTS QUESTIONS? UH, OBJECTION.
SO I WOULD ENTERTAIN A MOTION IF SOMEBODY WOULD LIKE TO PUT FORWARD A MOTION ALONG THOSE LINES OR ANY OTHER MODIFIED MOTION THAT INCLUDES DEMOLITION.
I'D LIKE TO MAKE A MOTION, PLEASE.
UM, I MOVE THAT WE MODIFY THE 2020 ORDER BY REDUCING THE CURRENT CIVIL PENALTY AMOUNT, UH, BY 1% OF THE TOTAL AMOUNT OWED TO DATE.
AND WE ORDER, UH, I'M SORRY, ORDER THE OWNER COMPLETE THE FOLLOWING, WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, DEMOLISH ALL PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURE, AND REMOVE, UH, ALL DEBRIS.
UH, BASICALLY THE, THE REMAINING STAFF'S RECOMMENDED ORDER, THE REMAINDER OF THAT IS THE SAME, IN THE SAME TIMEFRAME.
SO, UM, WE'LL BE ABLE TO VOTE ON THAT.
SO I'M GOING TO START WITH COMMISSIONER MUELLER.
AND I'LL ALSO VOTE IN FAVOR OF THAT MOTION.
DID YOU GET COMMISSIONER THOMPSON'S VOTE? I'M SORRY.
UM, SO WE'LL SEND THE ORDER OUT TO ALL THE ADDRESSES THAT WE HAVE ON FILE, AND HOPEFULLY SOMEBODY STEPS FORWARD, AND IF NOT, UM, AT LEAST THE MAIN PROBLEM WILL BE TAKEN CARE OF.
[4. Case Number: CL 2022-138423 (Part 1 of 2)]
NEXT ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER 20 22 1 3 8 4 2 3.THE ADDRESS FOR THIS CASE IS 1911 EAST CESAR CHAVEZ STREET.
THE EXHIBITS CAN BE FOUND IN THE ORANGE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE A FEW FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A VACANT COMMERCIAL PROPERTY.
THE CASE WAS INITIALLY OPENED IN MARCH, 2021 AND HAS REMAINED IN VIOLATION SINCE THAT TIME.
THERE IS NO ELECTRICAL OR WATER SERVICE TO THE STRUCTURE.
THE STRUCTURAL DEFICIENCIES ARE SIGNIFICANT AND THE STRUCTURE CONTINUES TO DETERIORATE.
THE VACANT AND NEGLECTED STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS THAT REQUIRES DEMOLITION.
IN YOUR READERS OR 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
[01:10:01]
THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO Q.AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED SPEC ADAMS. PLEASE BEGIN YOUR TESTIMONY.
ONCE AGAIN, MY NAME IS WILLIS ADAMS. I'M A COLD INVESTIGATOR WITH THE CITY OF AUSTIN COLD DEPARTMENT, UH, IN MARCH OF 2021.
UH, THIS CASE WAS CALLED IN FOR THIS PROPERTY AT 1911 EAST CAESAR CHAVEZ, UH, FOR, UH, CONDITIONS, UH, RELATED TO THE STRUCTURE.
UH, I MAY, UH, ARRIVAL THERE DURING THAT TIME ON THAT DATE AND OBSERVED THAT THE STRUCTURE WAS IN SERIOUS, HAD SOME SERIOUS STRUCTURAL ISSUES.
UH, THE FOLLOWING DAY, I SENT A, UH, I CREATED A NOTICE OF VIOLATION FOR THE PROPERTY FOR AT LEAST NINE DIFFERENT ISSUES THAT I WAS ABLE TO, UH, OBSERVE AT THE PROPERTY.
UH, THOSE CAN, THOSE ISSUES WERE, UM, STRUCTURAL MEMBER ISSUES, FOUNDATION WALLS, EXTERIOR WALLS, UH, ROOF ISSUES, AS WELL AS, UH, DRAINAGE ISSUES.
UM, ALSO, UH, OBSERVED ON THE SITE WAS TRASH AND DEBRIS, TALL GRASS AND WEEDS.
UH, THERE WERE ISSUES WITH THE DOOR FRAMES, THE WINDOW FRAMES.
UH, THERE WAS EXTENSIVE WOOD ROT, AND I ALSO DIDN'T SEE ANY, UH, ELECTRICAL SERVICES, UH, TO THAT PROPERTY.
THE PROPERTY AT THE TIME LOOKED UNOCCUPIED.
UM, I DID NOT ENTER THE PROPERTY THAT IS, UM, IT IS, UH, FRONTING A MAJOR, UH, INTERSECTION OR CLOSE TO A MAJOR INTERSECTION AT, UH, EAST CAESAR IS IN UHCAN STREET.
I HAVE, UH, EXHIBITS TWO A THROUGH TWO Q.
THEY'LL GIVE YOU A BETTER REPRESENTATION OF WHAT I OBSERVED IN MARCH OF 2021.
UH, MELANIE, I'M READY FOR THOSE EXHIBITS.
UH, THIS IS ACTUALLY THE FRONT OF THE PROPERTY, UH, SHOWING, UH, GRAFFITI AS WELL.
UM, UH, NOT MUCH PAINT, VERY LITTLE WEATHERPROOFING.
UH, IT APPEARED TO BE PARTLY A COMMERCIAL PROPERTY BECAUSE THAT WINDOW TO THE LEFT HAD ONE OF THE, UH, OLD STYLE, UH, BARBERSHOP, UH, ITEMS IN THE WINDOW.
UM, A NEXT, UH, SLIDE PLAYER, NEXT EXHIBIT, PLEASE TO BE.
UH, THIS IS A, A PHOTOGRAPH FROM THE EAST SIDE, THE DRIVEWAY SIDE.
AS YOU CAN SEE, UH, THERE'S SERIOUS, UH, ISSUES WITH THE ROOF.
THE ROOF EDGE BOARDS HAVE, UH, ACTUALLY FALLEN OFF ON ONE SIDE.
UM, ANOTHER CLOSEUP WILL BE IN EXHIBIT TWO C WILL GIVE YOU A BETTER IDEA OF WHAT, UH, THAT LOOKS LIKE.
THIS IS THE ROOF EDGE JUST ABOVE THE FRONT OF THE PROPERTY.
AS YOU CAN SEE, PART OF IT IS ACTUALLY FALLEN OFF, AND YOU CAN SEE RIGHT THROUGH THE, UH, THROUGH THE ROOF.
UH, THE EDGE ROOF THERE, THE ROOF EDGE THERE.
UH, THIS IS UNDERNEATH, UH, RIGHT IN FRONT OF THE FRONT DOOR.
AS YOU CAN SEE, UH, SOME SERIOUS, UH, UH, WARPING, UH, THE CEILING ABOVE THE, UH, PORCH.
UM, THERE'S WOOD ROT, UH, AS WELL.
AND THE NEXT PHOTOGRAPH WILL DEPICT, I BELIEVE, THE, THE ACTUAL SURFACE, OR ACTUALLY, NO, IT'S STILL SHOWING FROM THE LOOKING, UH, WEST ON THE, UH, END OF THAT.
UNDERNEATH THAT, UH, UM, PORCH, YOU'LL SEE, UH, AGAIN, IT'S, IT'S WARPED.
UH, IT LOOKS, APPEARS IT'S SEPARATED.
UH, THIS IS ACTUALLY THE FLOORING OF THAT, UH, PORCH.
AS YOU CAN SEE, IT IS CRACKED.
UH, IT'S ACTUALLY, UM, UH, RAISED IN ON ONE PART OF IT.
THIS IS ACTUALLY THE REAR OF THE PROPERTY.
UH, THIS PROPERTY, UH, OB OBVIOUSLY RUNS, UH, EASY SHOP RUNS EAST AND WEST.
THERE'S AN ALLEY BEHIND THIS PROPERTY.
AND THIS IS A PHOTOGRAPH FROM THE ALLEY.
UH, THERE IS A, IT IS FENCED FROM THE REAR, AND YOU CAN SEE, UH, THE TALL GRASS AND WEEDS ACTUALLY IS HOVERING ABOVE THE FENCE THERE.
AND THEY'LL SHOW, ACTUALLY A BETTER CLOSE UP OF THIS.
UH, I TOOK A, UH, ZOOMED IN A LITTLE BIT.
UH, EXHIBIT TWO, TWO H PLEASE.
AND YOU CAN SEE THE, AGAIN, THE ROOF EDGE IS HANGING OFF.
AS YOU CAN SEE, THERE IS NO PLATFORM FOR THAT DOOR.
UH, FORTUNATELY, NOBODY IS INHABITING THIS STRUCTURE.
IF THEY WOULD, THAT WOULD BE A SERIOUS
[01:15:01]
SAFETY ISSUE TO COME OUT THAT REAR DOOR WITHOUT ANY LANDING.UH, NEXT, UH, EXHIBIT, PLEASE.
THIS IS ON THE WEST SIDE OF THE PROPERTY.
UH, NEXT DOOR TO THE PROPERTY IS A WELL KNOWN RESTAURANT HERE IN AUSTIN.
MR. NATURALS, UH, THAT IS ACTUALLY THEIR PARKING AREA ON THE SIDE.
AND YOU CAN ACTUALLY SEE, UH, AGAIN, THE, THE SERIOUS ROOF DAMAGE, UH, THE ROOF EDGE BOARDS.
UH, THERE IS NO, AGAIN, NO PLATFORM TO THE SECOND FLOOR DOOR.
UH, THERE IS NO OVERHANG OVER THE LOWER DOOR.
UH, YOU CAN SEE EXTENSIVE SEPARATION OF THE SURFACE BOARDS FROM THE, UH, MAIN STRUCTURE.
AGAIN, THIS IS A CLOSE UP PICTURE OF GETTING CLOSER TO THE FENCE.
AND YOU CAN SEE AGAIN, THE, THE SEPARATION OF THE BOARDS, THE ROOF, THE ISSUES WITH THE ROOF, AS WELL AS WITH THE, UH, UM, THE BACK WALL THERE.
UH, NEXT EXHIBIT, UH, THIS IS ACTUALLY ON THE WEST SIDE OF THE PROPERTY AS WELL.
THE ROOF, APPARENTLY, UH, THEY TRIED TO REPAIR THE ROOF BY PUTTING, UM, SOME CORRUGATED METAL OVER THE EXISTING ROOF.
AS YOU CAN SEE, ONE OF THE PIECES APPARENTLY, UH, UM, MAYBE MAY HAVE FELL OFF.
I'M NOT SURE WHERE IT IS, BUT YOU CAN SEE THE HOLES IN THE FRONT OF THE ROOF THERE.
AND AGAIN, THIS IS, UH, THE FRONT SIDE, EAST SIDE SHOWING, UH, HOW THAT PART OF THE ROOF IS PEELED BACK, UH, REVEALING, UH, DAMAGE TO THE, THE, UH, THE, THE, UH, MAIN ROOF, THE, UH, FORMER ROOF.
THIS IS SHOWING, UH, AGAIN, THE DRIVEWAY SIDE, THE EAST SIDE OF THE PROPERTY.
UH, YOU CAN SEE THERE IS ACCESS TO GETTING, UH, UH, FOR ACTUALLY RODENTS OR ANY SMALL ANIMALS GETTING INSIDE THE PROPERTY.
UH, SEPARATION FROM THE SKIRTING AROUND THE, UH, EXTERIOR OF THE PROPERTY.
AND AGAIN, THIS IS, IS FROM THE EAST SIDE, THE DRIVEWAY SIDE.
AND YOU CAN SEE EVEN THE BACK PORTION, THE ADDED PORTION TO THAT STRUCTURE.
UH, THE ROOF EDGE IS, IS DAMAGED AND FALLING OFF, UH, IN THAT AREA AS WELL TOO.
THE WINDOW FRAMES ARE ROTTED AND SEPARATING FROM THE STRUCTURE AS WELL.
AND THIS IS JUST A CLOSE UP RIGHT, UH, BY THE FENCED DRIVEWAY.
UH, IN THE REAR THERE, THERE IS A GARAGE.
THAT GARAGE NO LONGER, UH, EXIST.
IT WAS ACTUALLY TORN DOWN, UH, EARLIER THIS YEAR.
UH, THERE WAS NO PERMIT OBTAINED FOR THE REMOVAL OF THAT GARAGE, BUT IT DOES NOT EXIST IN THAT PROPERTY.
NOW, I THINK THIS IS THE LAST, UH, SLIDE FOR THIS, UH, PROPERTY.
AND THAT'S ACTUALLY ACROSS THE STREET.
UH, THE NEXT SLIDE ACTUALLY WILL BE A CLOSER SLIDE.
AND THE IMPORTANCE OF THIS IS TWO Q.
THERE IS A CAPITAL METRO BUS STOP RIGHT IN FRONT OF THIS PROPERTY.
IT'S, UH, FOR ROUTE 17 THAT RUNS EAST AND WEST, UH, ALONG, UH, UM, UH, EAST CAESAR CHAZ.
SO, UH, THERE'S A BENCH RIGHT IN FRONT.
UH, UH, THERE IS NO FENCE IN THE FRONT OF THE PROPERTY.
SO THERE HAVE BEEN OBSERVATIONS OF HOMELESS PEOPLE, UH, ENTERING THE PROPERTY AND LEAVING THE PROPERTY.
UH, THIS, THIS CONCLUDES THE PHOTO SESSION OF THE PROPERTY.
I WOULD LIKE TO SAY IN CONCLUSION THAT THIS PROPERTY IS VACANT.
UH, THE ADJACENT STREET THAT'S WEST OF, OR ACTUALLY SOUTH OF EAST CAESAR CHAVEZ'S WILLOW STREET, THAT IS A RESIDENTIAL NEIGHBORHOOD ON THE EAST SIDE OF THIS STRUCTURE IS ANOTHER RESIDENTIAL PROPERTY.
IF THIS PROPERTY SHOULD SOMEHOW CATCH ON FIRE, IT WOULD PRESENT A VARIOUS, UH, A SERIOUS, UH, SAFETY ISSUE FOR THE RESIDENTS ON WILLOW STREET, AS WELL AS FOR THE ADJACENT PROPERTY ON C ON CAESAR CHAVEZ.
THE OTHER ISSUE WOULD BE THAT IT WOULD PRESENT A PROBLEM FOR THE AUSTIN FIRE DEPARTMENT BECAUSE THEY'D HAVE TO BLOCK OFF A MAJOR INTERSECTION, UH, CHACAN AS WELL AS EAST CAESAR CHAVEZ, WHICH WOULD, UH, FORCE TRAFFIC THROUGH THE ADJACENT RESIDENTIAL PROPERTY.
SO THIS PRESENTS, UH, MANY ISSUES FOR, UH, FOR THE SAFETY OF THE, OF THAT STREET, E CAESAR CHAZ, AS WELL AS FOR THE ADJACENT, UH, STREET, WILLOW STREET.
UM, THERE ALSO IS A SCHOOL WITHIN ABOUT A HALF A MILE.
METS ELEMENTARY CURRENTLY IS NOT BEING USED, BUT IT COULD BE PUT BACK AND USED BY AUSTIN, A A I S D.
I'M NOT SURE WHEN THAT WOULD HAPPEN, BUT THERE'S ALSO VERY, UH, BUSY BUSINESS DISTRICT THERE.
CHICON, UH, MR. NATURALS GETS A LOT OF BUSINESS, A LOT OF WALKING TRAFFIC, A LOT OF, UH, TRAFFIC PERIOD IN THAT AREA.
[01:20:01]
UH, THIS CONCLUDES MY PRESENTATION.IF YOU HAVE ANY QUESTIONS, I'M OPEN FOR THOSE.
CAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE PUBLIC IN AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, TWO Q.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING, REQUIRE THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, B DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND REMOVE ITS DEBRIS, LEAVING THE LIGHT, CLEAN AND RAPED.
C REQUEST INSPECTIONS FROM CODE TO VERIFY COMPLIANCE TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH, AND BE THE PROPERTY OWNER SHALL BE UNNOTICED THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIE FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, ENTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL ADMIT EXHIBIT ONE AND EXHIBIT TWO, UM, THAT CONSISTS OF TWO A THROUGH TWO Q UH, PHOTOGRAPHS.
AND IT DOESN'T APPEAR THAT WE HAVE ANYBODY HERE FOR THE PROPERTY OWNERS TONIGHT.
IS THAT CORRECT? IS ANYONE HERE FOR THIS PARTICULAR PROPERTY? NO.
COMMISSIONERS, COMMISSIONER FRYBERGER, GO AHEAD.
YES, THANK YOU, MADAM CHAIR, I HAVE A QUESTION FOR CODE STAFF AGAIN, OR PERHAPS FOR MS. CURRY.
UM, IF THE COMMISSION DECIDES TO ORDER A DEMOLITION, IS THERE A POSSIBILITY OF COMBINING THAT WITH FINES AS WELL? UM, LAUREN, COREY, UH, ASSISTANT CITY ATTORNEY, ARE YOU ASKING COMMISSIONER FOR IF WE CAN ADD FINES TO THIS DEMOLITION ORDER? UM, YES, I AM.
I'M WONDERING IF THE TWO CAN BE COMBINED OR IF IT'S ALWAYS ONE OR THE OTHER.
UM, IT, IT'S ONE OR THE OTHER BECAUSE IN THIS CASE, IF THE CITY WERE TO, IF THE DEMOLITION DOES NOT OCCUR, THEN THE RESULT IS THAT THE CITY WOULD PURSUE THE DEMOLITION AND, UM, WOULD ABLE TO RECOUP THE COST FROM THE PROPERTY OWNER.
AND I GUESS I'LL EXPLAIN A LITTLE BIT ABOUT WHERE I'M HEADED.
SO I SEE THAT THE GARAGE WAS ALREADY DEMOLISHED WITHOUT A PERMIT.
I SEE THAT SOME HERITAGE TREES WERE REMOVED, AND THAT IS EXTREMELY CONCERNING.
OF COURSE, THAT'S, THAT'S BEYOND OUR PURVIEW, BUT IT DOES APPEAR THAT SOMEONE IS DOING WORK ON THE PROPERTY WITHOUT GOING THROUGH THE PROPER CHANNELS.
UH, COMMISSIONERS, I JUST HAVE ONE OTHER THING TO ADD.
UM, THE OWNER, MR. JULES KAPLAN, I HAVE SPOKE WITH, UH, NUMEROUS OCCASIONS.
UH, THERE ACTUALLY IS AN ACTIVE PERMIT BUILDING PERMIT TO DEMOLISH THE STRUCTURE.
IT BECAME ACTIVE IN JULY OF THIS YEAR, UH, ALONG WITH THE PLAN REVIEW.
UM, OF COURSE, THE LAST TIME I SPOKE WITH MR. KAPLAN WAS, UH, AUGUST 11TH.
AND HE HAD INFORMED ME THAT, UH, THE COMPANY HE HAD HIRED TO DO DEMO HAD AND GOT BACK WITH HIM.
NOW, THAT'S MORE THAN A MONTH AND A HALF AGO, AND I HAVE NOT HEARD BACK FROM HIM SINCE.
AND THE PROPERTY IS ONLY CON CONTINUE TO GET WORSE.
UM, BUT THERE IS AN ACT OF PERMIT TO DEMOLISH THE, THE MAIN STRUCTURE.
THERE WAS NEVER ANY PERMIT GRANTED TO DEMOLISH THE, THE GARAGE.
AND ALSO I DID INFORM THE ARBORIST ABOUT THOSE TREES THAT WERE REMOVED ON THE PROPERTY.
HOW MANY CODE VIOLATIONS WERE THERE ON THIS PROPERTY? UH, I CREATED NINE, UH, SEPARATE VIOLATIONS FOR, UH, THE PROPERTY FOR THE STRUCTURE.
[01:25:01]
EIGHT OF THEM WERE FOR THE STRUCTURE.ONE WAS TO OBTAIN A PERMIT TO BRING THE STRUCTURE INTO COMPLIANCE.
UM, AND SO I DID, UH, THAT WAS CONVEY TO MR. KAPLAN.
UM, THE ONLY THING I CAN SAY THAT, UH, ONE OF THE ISSUES THAT HE HAD SINCE THIS CASE GOES ALL THE WAY BACK TO 2021 WAS THAT, UH, THE ORIGINAL OWNER'S BROTHER WAS STILL LIVING INSIDE THE STRUCTURE.
I ENCOUNTERED HIM BACK IN, UH, I THINK JULY OF 2021, DOING ONE OF MY 30 DAY FOLLOW-UPS.
AND HE CAME FROM OUTSIDE THE STRUCTURE, FROM INSIDE THE STRUCTURE.
I WAS SURPRISED BECAUSE I DIDN'T THINK ANYBODY COULD LIVE IN THERE, BUT IT DIDN'T HAVE ANY ELECTRICITY, NO WATER THERE, NO OTHER UTILITIES.
UH, AND HE CAME OUT AND HE STARTLED ME AT FIRST, BUT I WAS ABLE TO KIND OF CALM HIM DOWN A LITTLE BIT AND EXPLAINED THAT I WAS THERE TO HELP HIM.
I DIDN'T REALIZE HE WAS OCCUPYING THE STRUCTURE, AND HE TOLD ME THAT SOMEONE WAS TRYING TO TAKE THE PROPERTY FROM HIM AND HIS BROTHER.
UM, I DID TALK TO MR. KAPLAN AND IT HAD THAT TIME, IT WAS IN GOING PROBATE BECAUSE OF ITS ISSUE, BUT APPARENTLY IT GOT RESOLVED.
AND, UH, I THINK ABOUT FOUR MONTHS LATER, I SAW HIM IN THE ALLEYWAY BEHIND THE PROPERTY, LOOKING TO SEE IF HE COULD FIND THE ENTRY ENTRYWAY TO GET INSIDE.
BUT, UH, HE'S NO LONGER THERE AT THE PROPERTY AND IS EXCLUSIVELY, EXCLUSIVELY MR. MR. CAPTAIN'S PROPERTY NOW.
SO WHENEVER YOU SPOKE WITH MR. KAPLAN IN AUGUST, HE HAD SAID HE WAS GOING TO EMAIL YOU SOME INFORMATION.
DID HE EVER DO THAT? UH, NO MA'AM.
I NEVER DID RECEIVE AN EMAIL BACK FROM MR. KAPLAN.
I ACTUALLY, UH, THOUGHT ABOUT CALLING HIM THIS WEEK, BUT, UM, HE'S WELL AWARE OF THIS PROPERTY.
UH, THE ISSUES WITH THE PROPERTY, I DIDN'T THINK IT WAS NECESSARY SINCE HE HAD TOLD ME HE WAS GONNA GET IN TOUCH WITH ME.
UM, DID WE HAVE ANY OTHER COMMENTS, QUESTIONS, OR ANY MOTION TO CLOSE, UH, THE PUBLIC PART OF THE HEARING? OH, YES.
LET'S HAVE ONE, ONE QUICK COMMENT.
THIS IS A, THAT'S A SIGNIFICANTLY DANGEROUS STRUCTURE, AND JUST THE, THE APPEARANCE OF IT FROM WHAT YOU CAN SEE REALLY, UH, BRINGS, BRINGS, UH, US A LOT OF CONCERN.
SO JUST WOULDN'T HAVE THAT NOTED, PLEASE.
I JUST WANTED TO, TO, UH, CLARIFY, YOU CAN ASSESS SEVERAL PENALTIES FOR FAILURE TO, UM, TO DEMOLISH.
UM, I THINK THAT WAS WHAT YOUR QUESTION WAS ORIGINALLY.
WELL, I GUESS A FOLLOW UP QUESTION TO THAT, AND WOULD, COULD THOSE PENALTIES BE TIED TO THE NUMBER OF CODE VIOLATIONS JUST AS THEY WOULD BE FOR A REPAIR ORDER? I THINK SO, BUT, UM, IF, IF YOU'RE INTERESTED IN, IN DOING IT THAT WAY, I WOULD ASK THAT, UM, YOU GIVE ME A LITTLE BIT OF TIME JUST TO, TO DOUBLE CHECK THAT.
UM, ANYTHING ELSE, ANY COMMENTS, THOUGHTS, MOTIONS? I'M SURE.
THIS IS REALLY JUST A THOUGHT TO ADDRESS, UH, COMMISSIONER FRY BERGER'S QUESTION.
IT STRIKES ME THAT IF THERE'S ALREADY AN ACTIVE DEMO PERMIT AND THAT MAYBE THE MOST EFFICIENT WAY TO INCENTIVIZE DEMOLITION WOULD BE TO ADOPT IN ORDER TO REQUIRE REPAIR, SINCE, AS A PRACTICAL MATTER, THAT'S NOT GOING TO HAPPEN.
AND, AND SO IN ORDER TO HAVE DEFINED, UM, AS A FUNCTION OF THE NUMBER OF VIOLATIONS INCENTIVIZED, PROMPT, DEMOLITION, MAYBE THE BEST THING TO DO WOULD JUST BE TO HAVE, UM, A VIOLATION BASED, UM, ORDER.
I JUST WANTED PUT THAT OUT THERE FOR CONSIDERATION.
UM, YEAH, I JUST, I WANTED TO ADD, UM, THAT, UM, BECAUSE, UH, THE CITY, ASSUMING NOTHING HAPPENS WITH THE, UM, THE CURRENT DEMOLITION ORDER, IF THE CITY WERE THEN TO BE IN CHARGE OF CONTROL AND COMPLIANCE, UM, THEN IT WOULD BE MORE DIFFICULT TO ASSESS THOSE PENALTIES BECAUSE WE ARE THEN IN CHARGE OF THE COMPLIANCE TIMELINE.
SO I JUST WOULD, UM, WOULD LIKE TO ADD THAT FOR YOUR CONSIDERATION.
UM, YES, COMMISSION OF FRYBERGER, DID YOU WANT, DID YOU HAVE A FOLLOW UP TO THAT OBSERVATION? UH, JUST NODDING
[01:30:01]
AN AGREEMENT, BUT, UM, UNLESS THERE IS FURTHER DISCUSSION AMONG THE COMMISSION, I WOULD LIKE TO MAKE A MOTION.I THINK I DO HAVE ONE MORE QUESTION.
UM, WHAT, SO IF THIS IS A COMMERCIAL STRUCTURE, THE MAXIMUM PENALTY IS $1,000 PER DAY PER VIOLATION, IS THAT CORRECT? OR IS THAT PER WEEK? IT IS, UM, IT IS PER DAY PER VIOLATION.
I THINK IN THE INSTANCE OF A DEMOLITION, UM, SINCE WE ARE CONTROLLING COMPLIANCE, UM, WHAT MIGHT BE THE BEST WAY, UM, IS TO HAVE A ONE TIME PENALTY.
IF THE INITIAL, UM, ORDER TO DEMOLISH IS, IS NOT, UM, UH, COMPLIED WITH, IF THEY, IF THEY DO NOT DEMOLISH BY A SET DATE, UM, THEN WE ASSESS THE PENALTY AND THEN THE CITY IS GOING TO MOVE FORWARD WITH DEMOLITION.
UM, AND THAT WOULD KIND OF, UH, TAKE AWAY THE CONCERN THAT WE WOULD BE CONTROLLING THE TIMELINE AND CONTINUING TO ACCRUE PENALTIES AS, AS WE DO IT.
THANK YOU FOR THAT CLARIFICATION.
YES, I, I COMPLETELY AGREE AND UNDERSTAND, UM, THE RAMIFICATIONS OF DOING THAT SINCE THEY ALREADY HAVE A PERMIT FOR DEMOLISHING THE MAIN STRUCTURE, AND THEY'VE HAD IT IN PLACE SINCE JULY, BUT, UM, REALISTICALLY IS 45 DAYS, AND I'M ASKING THIS TO STAFF AND TO, UM, INSPECTOR ADAMS, INVESTIGATOR ADAMS. SO, IS 45 DAYS REALISTIC FOR THESE OWNERS TO COMPLETE THIS DEMOLITION IF THAT CONSTRUCTION COMPANY STEPS IN? UM, I REALLY DON'T KNOW.
I COULDN'T GIVE YOU A DEFINITIVE ANSWER ON THAT CUZ I'M NOT A, I'M NOT A, I'M NOT INTO, UH, DECONSTRUCTING HOME, SO I COULDN'T GIVE YOU AN ANSWER ON THAT.
UH, THE OTHER PART OF THAT, THAT, UH, THE PERMIT WAS A BUILDING PERMIT, UH, THEY WOULD HAVE TO ALSO CAP GAS LINES AND PLUMBING LINES, UH, BEFORE THAT, BEFORE THEY'D BE ABLE TO DEMO THAT PROPERTY.
SO AGAIN, YOU'RE ADDING THAT TIME ONTO THE 45 DAYS.
YOU JUST, UM, INQUIRED ABOUT, I REALLY, AGAIN, I DON'T HAVE THE EXPERTISE OR KNOWLEDGE TO TELL YOU WHETHER OR NOT 45 DAYS IS AN ADEQUATE AMOUNT OF TIME FOR THEM TO DEMO THE PROPERTY.
I IT COULD BE, I JUST DON'T KNOW.
I THINK THAT PERHAPS, UH, WE COULD ALSO CONSIDER THE FACT THAT THE, UM, THE CITY ISN'T GOING TO MOVE ON THE 46TH DAY SPECIFICALLY, SO IT'S GOING TO TAKE SOME TIME FOR THE CITY TO START ALL THIS, UH, THE WHOLE PROCESS OF DEMOLISHING THE PROPERTY EVEN AFTER THE 45 DAYS, CORRECT? THAT IS CORRECT.
THE ONLY THING THAT I WOULD ADD TO THAT COMMISSIONER, UH, THE CHAIR, I WOULD ADD THAT, YOU KNOW, UH, BACKING UP WITH THE FIRE CHIEF SAID THERE IS THAT THIS IS A, UH, SERIOUS, UH, DANGER TO THE RESIDENTIAL PROPERTY.
UH, YOU KNOW, OUR WINTERS, I MEAN, WE'RE STILL IN 90 DEGREE WEATHER RIGHT NOW, BUT WINTER CAN APPROACH, UH, QUICKLY.
UH, HOMELESS PEOPLE TEND TO GIVE FINE FAKE STRUCTURES.
THEY START FIRES, WHETHER IT'S FOR COOKING, FOR KEEPING THEMSELVES WARM, AND WITH A STRONG WIND BLOWING SOUTH OR BLOWING EAST, YOU'RE GOING TO PUT IN DANGER, UH, ADJACENT, UH, RESIDENTIAL HOMES AND FAMILIES IN THAT AREA.
AND NOT TO MENTION, I MENTIONED THE LOGISTICS OF WHERE THAT, UH, PROPERTY'S LOCATED RIGHT IN FRONT OF A CAT METRO BUS STOP AND ONLY ABOUT 200 FEET FROM THE INTERSECTION OF CHICON AND, UH, EAST CAESAR CHAVEZ, WHICH WOULD MAKE IT, UH, A NIGHTMARE FOR AFD TO HAVE TO CO OFF, UH, TWO MAIN, UH, THOROUGH FAIRS, UH, HERE IN THE CITY.
UM, COMMISSIONER THOMPSON, I HEARD IT MENTIONED THAT THE, UM, THIS IS A COMMERCIAL STRUCTURE, ALTHOUGH IT'S NOT BEING USED CONSTRUCTIVELY AND USED COMMERCIALLY OR USED AT ALL EXCEPT BY THE HOMELESS PEOPLE.
UM, IS BEING COMMERCIAL ON ONE WAY STREET, CAUSE I'M SURE OF THAT HOUSES, UM, EXISTENCE.
PROBABLY, YOU KNOW, MAYBE 75 YEARS OF IT WAS RESIDENTIAL AND MAYBE SOMEBODY DECIDED TO PUT A BARBECUE SHOP IN THE FRONT, YOU KNOW, IN THE FRONT ROOM OR SOMETHING LIKE THAT.
BUT IT IS LISTED AS A COMMERCIAL BUILDING.
[01:35:01]
I CAN ANSWER THAT.THAT PROPERTY WAS ACTUALLY OWNED BY, UH, AS I MENTIONED, I MET RUDY HIPOLITO, UH, YOU KNOW, LAST YEAR.
UM, HIS BROTHER, UH, THEY OWNED THE PROPERTY.
THEY PURCHASED IT IN 1966, UH, PRIOR THE 66.
THEY ACTUALLY APPLIED FOR A STANDALONE PERMIT, UH, I BELIEVE IN 2000 TO ADD, UH, I GUESS THE COMMERCIAL BARBERSHOP, WHICH WASN'T, UH, APPROVED.
UM, SO IT'S MAINLY BEEN A RESIDENTIAL PROPERTY.
I BELIEVE THE ZONING GOT CHANGED TO WHERE IT IS.
IT IS ACTUALLY, UH, COM, UH, A ZONE CS ONE, BUT ITS PRIMARY USE HAS BEEN RESIDENTIAL.
DID WE CLOSE THE PUBLIC HEARING? WE HAVE NOT.
I MOVED TO CLOSE THE PUBLIC HEARING.
OH, YOU COULD ALSO MAKE A DOUBLE MOTION IF YOU WANT.
COMMISSION OR FRYBERGER, DID YOU HAVE SOMETHING ELSE? UH, YES.
ACTUALLY, I DO HAVE ANOTHER QUESTION FOR, UM, MS. CURRY.
SO IF WE ARE TO ADD FINES TO THIS ORDER, WE STILL NEED TO GIVE THE PROPERTY OWNER TIME TO COMPLY BEFORE THOSE FINES WOULD KICK IN.
UM, SO THIS, THIS WOULD OPERATE THE WAY THAT, UM, OUR ORDERS NORMALLY OPERATE, UH, WHERE STAFF IS RECOMMENDED, UM, A SET AMOUNT OF TIME, UH, TO DEMOLITION.
AND THEN, UM, AT THE END OF, AT THAT END DATE, THERE WOULD BE A ONE TIME PENALTY ACCRUED.
UM, THAT IS, THAT IS HOW I WOULD RECOMMEND, UM, ASSESSING A PENALTY IN THIS CASE, JUST TO BE CONSISTENT WITH PREVIOUS ORDERS.
IT WOULD BE THE MOST DEFENSIBLE, UM, PENALTY AND EASIEST TO ASSESS.
AND THEN THAT ONE TIME PENALTY THAT HAD ACCRUED, THAT COULD ACTUALLY BE, THAT COULD BE TIED TO THE WHATEVER TIMEFRAME WE GIVE THEM.
IT, IT COULD BE, UM, TIED TO THE, THE TIME PERIOD IN THE ORDER.
UM, AND THEN, UM, COULD BE ASSESSED PER VIOLATION OR HOWEVER YOU WOULD LIKE TO DO IT.
OKAY, THEN YES, I THINK I'M READY TO MAKE A MOTION UNLESS COMMISSION.
THOMPSON, DID YOU HAVE SOMETHING ELSE TO ADD? I'LL MAKE IT QUICK.
UM, SINCE WE ARE CHANGING WHAT WAS MENTIONED ON THE NOTICE THAT WE INTENDED TO DO AS WHAT THE STAFF'S RECOMMENDATION WAS, DOES THAT MEAN THAT WE WILL HAVE TO, TO PUT OUT THE NOTICE AGAIN SO WE CAN, UH, UH, NO, COMMISSIONER THE WAY THAT, UM, THIS PROCESS WORKS IS THAT THE PROPERTY OWNER IS ISSUED A NOTICE FOR A VIOLATION BY, UM, THE CODE INSPECTOR.
AND, UM, THEY ARE THEN NOTIFIED WHEN THEIR CASE HAS BEEN ESCALATED TO THE BILLING STANDARDS COMMISSION FOR A HEARING.
THEY RECEIVE INFORMATION IF THEY WOULD LIKE TO ATTEND THE HEARING VIRTUALLY OR IN PERSON.
UM, AND THEN AT THAT HEARING, UM, IT IS THE COMMISSION HAS THE AUTHORITY TO ASSESS PENALTIES, UM, RE AND TO ASSESS ORDERS REGARDING REPAIR OR DEMOLITION OR, UM, A BOARD AND SECURE TYPE SITUATION.
UM, I THINK COMMISSIONER FRYBERGER WAS READY WITH A MOTION.
MADAM CHAIR? I THINK THERE WAS A MOTION TO CLOSE THE PUBLIC HEARING.
OH, YOU HAD A MOTION TO CLOSE THE PUBLIC HEARING, DIDN'T YOU?
UM, ALL IN FAVOR OF CLOSING THE PUBLIC PART OF THE HEARING, SAY AYE.
PUBLIC PART OF THE HEARING CLOSED.
SO DO WE HAVE A MOTION ON THE RECOMMENDED ORDER OR ANY SORT OF MODIFICATION OR ALTERNATIVE PROPOSAL FOR A MOTION? YES.
MADAME CHAIR, COMMISSIONER FRYER? YES, I, I WILL TRY TO MAKE A MOTION.
UM, I, I WILL MAKE A MOTION AND WE'LL SEE IF I MAKE IT CORRECTLY.
SO I MOVE THAT WE, UH, ADOPT THE STAFF'S RECOMMENDED ORDER WITH ONE MODIFICATION.
SO THE ORDER WOULD STILL BE TO DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND THE MODIFICATION WOULD BE ON THE 46TH DAY IF COMPLIANCE HAS NOT BEEN ACHIEVED TO ASSESS A ONE TIME PENALTY IN THE AMOUNT OF A $1,000 FINE
[01:40:01]
PER DAY FOR EACH VIOLATION FOR EACH OF THE 45 DAYS LEADING UP TO THAT 46TH DAY.AND INTERESTS SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND THEN THE REMAINDER OF THE ORDER WOULD, WOULD REMAIN, WHICH WOULD BE TO AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION.
CAN I, CAN I ASK A QUESTION? NO, CLARIFY.
OH, COMMISSIONER MUELLER YES, GO AHEAD, PLEASE.
SO I JUST WANNA MAKE SURE I UNDERSTAND FINES THAT YOU'RE PROPOSING.
SO YOU'RE SAYING THERE WERE NINE VIOLATIONS AND IF ON THE 46 DAY NONE OF THEM HAVE BEEN CORRECTED, EACH THERE WOULD BE A $45,000 FINE TIMES NINE ON THAT DAY? THAT, THAT IS THE INTENT OF WHAT I'M PROPOSING, YES.
WITH THE CORRECTION BEING BEING DEMOLITION.
YOU DID THAT CLARIFY THE MOTION FOR YOU.
COMMISSIONER MUELLER, UH, AND I THINK COMMISSIONER STTA WANTED TO SAY SOMETHING.
COMMISSIONER STTA, PLEASE GO AHEAD.
YEAH, I, I, I APO THANK I CHAIR.
UH, I APOLOGIZE, BUT I THINK I DO HAVE A QUESTION FOR, UH, COMMISSIONER FRYBERG TO MAKE, TO MAKE SURE I HEARD CORRECTLY, BECAUSE IT SOUNDED TO ME AS THOUGH AS MODIFIED, THE MEASURE OF THE FINE WOULD BE $1,000 TIMES THE NUMBER OF VIOLATIONS TIMES THE NUMBER OF DAYS THAT IS ALREADY LAPSED UNTIL THE 46 DAY, AND THEN THERE WOULD BE NOTHING PROSPECTIVE AFTER THAT.
SO IN OTHER WORDS, OF ANOTHER TWO DAYS TRANSPIRED AFTER THE 46, THE, THE, THE FINE WOULD NOT CONTINUE TO ACCRUE.
SO WOULD JUST BE THIS RETROACTIVE FINE BEGINNING OF THE 46TH DAY AND BACK DATED TO THE DATE OF MAILING.
IS THAT, IS THAT RIGHT? THAT'S, THAT'S CORRECT.
I JUST WANTED TO MAKE SURE I HEARD CORRECTLY.
UH, I THINK IT, IT'S PROBABLY A FINED MOTION.
I JUST, I JUST WANTED MAKE SURE I HEARD, SO THANK YOU FOR THE CLARIFICATION TO ENSURE VERY, THANK YOU, MADAM.
SO, UM, DOES EVERYBODY UNDERSTAND THE MOTION IS, UM, STATED AS MODIFIED AND STATED? YES.
SO JUST TO MAKE SURE I UNDERSTAND.
SO THAT COULD END UP, THE MAXIMUM COULD BE 400, $5,000 IN FINES? THAT THAT IS CORRECT.
IN FACT, THAT WOULD BE THE FINE.
EITHER THEY, EITHER IT'S DEMOLISHED BEFORE THE 46TH DAY AND THERE ARE NO FINES, OR IF THEY MISS IT, THEN THAT FINE KICKS IN PLUS INTEREST.
SO THE FINES DON'T HAPPEN UNLESS THEY REACHED DAY 45 AND NOTHING TO PROVIDE.
TO PROVIDE TIME FOR THEM TO ACTUALLY CURE THOSE VIOLATIONS FOR CLARIFICATION.
AND THEN IF THE OWNER DID NOT DEMOLISH, THE CITY WOULD STEP IN AT THE 46 DAY AND THEN THAT WE WOULD FILE LIEN FOR THE COST OF THE DEMOLITION AS WELL.
THAT'S THE EXPENSES THAT FOR, UM, STATING THAT YES, THOSE, THOSE PORTIONS OF THE RECOMMENDED ORDERS STAY THE SAME.
SO ARE WE READY TO VOTE ON THE MOTION OR DO WE NEED IT TO BE RESTATED? OKAY, GOOD.
SO I'LL START WITH, UM, COMMISSIONER STILL STA THEN WOULD, OH, WE DO HAVE COUNCIL COMING IN.
CAN I JUST ASK THAT WE, UM, TEMPORARILY TABLE THIS, UM, CASE.
I'M GONNA GO OUT, MAKE A CALL, AND THEN WE CAN, UM, UH, MOVE ON TO THE NEXT CASE AND OKAY, SURE.
YOU WANT TO CHECK ON CERTAIN THINGS BEFORE WE MAKE A DECISION? UM, I JUST WOULD LIKE TO CHECK ON THE RETROACTIVITY OF THE, UM, PENALTY ASSESSMENT.
THAT'S, I THINK THAT'S BRILLIANT.
SO THAT WE CREATE SOMETHING HERE THAT'S BINDING.
SO WE'LL TABLE THAT AND WE'LL MOVE ON TO THE NEXT AGENDA ITEM.
I JUST WANTED TO ASK IF I KNOW WE HAVE PEOPLE WAITING FOR THE ROSEMONT CASE, AND IF WE DON'T HAVE ANYONE SPEAKING, UM, ON THE, ON, ON ITEM NUMBER FIVE, I WONDER IF WE COULD MOVE THE ROSEMONT CASE TO BE NEXT.
WE DO HAVE SOMEBODY HERE FOR THE OTHER CASE AS WELL, AND I THINK THAT WE ONLY HAVE ONE SPEAKER, BUT WE HAVE SEVERAL SPEAKERS FOR THE ROSEMONT, SO WE'LL JUST TAKE THEM IN THE ORDER IF THAT'S OKAY.
[5. Case Number: CL 2022-137667 (Part 1 of 2)]
ALI, GO AHEAD.ITEM NUMBER FIVE ON THE AGENDA IS
[01:45:01]
CASE NUMBER CL 20 22 1 37 60 67, AND IS REGARDING THE PROPERTY LOCATED AT 91 33 NORTHGATE BOULEVARD, ALSO KNOWN AS THE VENTURA APARTMENTS AT STAFF EXHIBITS CAN BE FOUND IN THE MAROON COLORED BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN JANUARY, 2022 AS THE RESULT OF A COMPLAINT FOLLOWING A FIRE.
THIS IS ABOUT A VACANT FIRE DAMAGE COMMERCIAL MULTI-FAMILY STRUCTURE.
THE STRUCTURE HAS BEEN BOARDED AND SECURED, HOWEVER, NO PERMITS HAVE BEEN OBTAINED AND THE REPAIRS HAVE NOT BEEN MADE.
ALTHOUGH THE OWNERS HAVE SUBMITTED APPLICATIONS FOR A SITE PLAN AND BUILDING PERMIT, NEITHER HAS BEEN APPROVED TO DATE THE HAZARDOUS CONDITIONS OF THIS PROPERTY OR SUBSTANDARD AND REQUIRES REPAIR IN YOUR READER OR GOOGLED, OR A FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR ALEJANDRO TORRES IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.
INSPECTOR TORRES, PLEASE BEGIN YOUR TESTIMONY.
OH, GOOD EVENING COMMISSIONERS.
I'LL TEND TO BE BRIEF AND CONCISE.
THIS, UH, MY NAME IS ALEJANDRO TORRES.
I'M AN INSPECTOR WITH AUSTIN CODE DEPARTMENT, AND THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS COMMERCIAL PROPERTY VENTURA APARTMENTS LOCATED IN 91 33.
UH, NORTHGATE, THE OWNER OF RECORD HAS BEEN IDENTIFIED AS ZION CAPITAL TWO, LLC, UH, TWO ONE OF 22 WAS I WAS REASSIGNED THE CASE.
UH, THE INITIAL COMPLAINT AT, UH, 91 33 NORTHGATE WAS DUE TO A FIRE IN THE RESPONSE, UH, BY AFD AT THAT LOCATION.
AUSTIN AUSTIN COAT PERFORMED AN INITIAL INSPECTION ON ONE SEVEN OF 22 AND OBSERVED A FOLLOWING VIOLATIONS THAT I'LL DESCRIBE TO YOU, AND THEN LATER WILL BE DEPICTED IN THE PHOTOS OF THE ROOF.
AND THE FLASHING ARE IN POOR CONDITION, UH, SEGMENTS TO THE ROOF ARE MISSING SO THAT ACTUALLY THE STRUCTURE IS OPEN, UH, TO, UH, EXPOSED TO THE ELEMENTS.
ROOF TRAINS AND GUTTERS ARE DAMAGED DUE TO THE FIRE, DUE TO THE EXPOSURE TO HEAT.
ALONG WITH THAT, WE ALSO HAVE PLUMBING LINES AND, UH, PLUMBING SYSTEM DAMAGE FROM THE EXPOSURE TO, TO THE FIRE ELECTORAL EQUIPMENT AND ELECTRICAL WIRING ALSO IS DAMAGED FROM THE FIRE.
THAT, UH, ROUGHLY CONCLUDES A PORTION OF THE VIOLATIONS THAT WE'RE SEEING.
UH, BUT JUST SO, UH, IT CAN BE CLEAR WHEN THE PHOTOS ARE ACTUALLY SHOWN BECAUSE THERE'S A FENCE THAT IS SURROUNDING THE PROPERTY AND BECAUSE OF THE LOCATION, THE SAFETY CONCERN, UH, THE PHOTOS WILL BE TAKEN FROM A DISTANCE.
SO MANY OF THE MUCH OF THE STRUCTURE IS FENCED OFF.
SO I WAS NOT ABLE TO GET CLOSE ENOUGH TO IT.
I WAS NOT ABLE TO, AND I DID NOT PERFORM THE INITIAL INSPECTION.
SO WITH THAT BEING SAID, I BEGIN, GO TO START WITH THE EXHIBITS, UH, TWO EIGHT THROUGH TWO J.
THIS IS A CONCEPTUAL, CONTEXTUAL PHOTO OF THE PROPERTY.
AS YOU CAN SEE, IT IS BOARDED.
UH, JUST SO A REFERENCE, UH, THIS IS A AREA THAT IS ALSO SURROUNDED BY MULTIPLE APARTMENT COMPLEXES ALONG WITH, UH, TWO CAT METRO BUS STOPS, ONE ACROSS THE STREET, AND, UH, ONE ESSENTIALLY, UH, ABOUT 50 FEET FROM THE PROPERTY LINE.
ALONG THE SAME LINES, WE ALSO HAVE, UH, CHILDREN THAT, UH, GET ONTO AN ALSO PUT SCHOOL DISTRICT BUS TO GET THEMSELVES TO SCHOOL.
UH, THAT WOULD BE TWO A, UH, NEXT PICTURE.
AND THIS IS GONNA BE TWO B, WHICH IS, UH, ANOTHER PHOTO OF THE FRONT OF THE PROPERTY IS BASICALLY A SEGMENTED, UH, PORTION OF AN APARTMENT.
THIS WOULD BE ONE SEGMENT, AS YOU CAN SEE IN THE LOWER, IN THE, UH, YELLOW PLACARD, WHICH IS THE WARNING, UH, FOR THAT PROPERTY.
AND YOU CAN SEE THAT IT'S BOARDED AND SECURED.
UH, NEXT PHOTO, THIS IS GONNA BE TWO C, SO IT'S THAT CENTER SEGMENT OF THE PROPERTY AT THE TOP.
IF YOU CAN LOOK, YOU CAN SEE THAT WHERE IT'S BEEN DAMAGED FIRE, AND YOU ALSO HAVE SOME OF THE WOOD THAT'S EXPOSED AND CHARRED THE WALKWAY, I'M UNABLE TO, WAS NEVER ABLE TO ASSESS THAT, UH, WALKWAY, UH, FOR THAT UPPER, UM, UPPER FLOOR.
BUT JUST DUE TO THE FIRE DAMAGE, IT DOES NOT APPEAR TO BE SECURE OR STRUCTURALLY SOUND.
THIS IS GONNA BE THE SAME SECTION OR SEGMENT THAT HAD THE YELLOW PLACARD ON IT.
AS YOU CAN SEE AT THE TOP OF THE EASE, THE ROOF LINE.
WE ALSO HAVE ADDITIONAL DAMAGE TO THE ROOFING.
YOU CAN SEE THAT IT'S CHARRED ALONG WITH THE LINE THAT HAS BEEN BURNED.
UH, PEOPLE THAT ARE SUFFERING HOMELESSNESS AT TIMES HAVE REMOVED THE PORTIONS OF THE WOOD AND THE, UM, THAT PREVENT ENTRY INTO THE STRUCTURE.
UH, THAT WOULD ESSENTIALLY BE A DOORWAY THAT YOU CAN SEE THE BOARDS HAVE BEEN REMOVED AND, UH, INDIVIDUALS HAVE ENTERED THAT PROPERTY.
[01:50:01]
E UH, THIS IS A CENTER SEGMENT, THE LARGER SEGMENT OF THAT PROPERTY, OF THAT APARTMENT COMPLEX.AS YOU CAN SEE, UH, TO THE RIGHT HAND CORNER OF THE PHOTO, THAT WILL BE THE, UH, SECTIONS OF THE APARTMENT THAT, UH, MY BELIEF THE FIRE HAD ORIGINATED.
AND WE CAN SEE THAT AS THE FIRE HAD SPREAD TO THAT UPPER LEVEL, IT ALSO AFFECTED SEVERAL OTHER UNITS ADJACENT TO THAT, UH, PORTION WHERE THE FIRE ORIGINATED AT THAT TIME.
YOU CAN SEE THAT IT HAS REMAINED, UM, AT TIMES BOARDED AND AT TIMES SECURE.
AND THAT IS ONE OF THE FENCES THAT ACTUALLY SURROUNDS THE APARTMENT.
UH, TWO F UH, AN ATTEMPT TO GET ANOTHER PHOTO THAT DEPICTS SOME OF THE SAME SIMILAR, UH, STRUCTURE AND OR SIMILAR DAMAGE TO THE STRUCTURE.
AND WE CAN ALSO SEE THE SEGMENT OF THOSE APARTMENTS WHERE THE ROOF HAS SOME OF THE STRUCTURE THAT IS MISSING FROM THE, UH, METAL, UH, ROOFING.
NEXT PHOTO AND TWO J OR TWO G, I'M SORRY.
WE HAVE THE OTHER SEGMENT THAT'S FURTHEST AWAY THAT, AS YOU CAN SEE, AS THE FIRE TOOK PLACE, STARTED TO MOVE TOWARDS THAT OTHER SEGMENT THAT WE'RE NOT ABLE TO DEPICT IN A PHOTO.
UH, NEXT PHOTO, A CLOSER UP VIEW TO THE PORTION OF THE APARTMENT WHERE THE DAMAGE TOOK PLACE FROM THE FIRE.
AS YOU CAN SEE, THE ROOFING IS NOW EXPOSED FROM THAT ROOFING.
WE HAVE WATER THAT CAN ENTER OR IS EXPOSED TO ANY ELEMENTS FROM THERE.
AS YOU CAN SEE DEPICTED IN THE PHOTOS, DIFFERENT PORTIONS OF THE STRUCTURE ARE NOT SECURE, OR PEOPLE WHO ARE SUFFERING IN HOMELESSNESS HAVE REMOVED THE BOARDS TO MAKE ENTRY INTO THAT PROPERTY.
ON SEVERAL TIMES WHEN I'VE MADE FOLLOW UP INSPECTIONS ON MY 30 DAY INDIVIDUALS HAVE BEEN INTO THAT PROPERTY, AND AT TIMES SOME OF THE INDIVIDUALS HAVE, UH, REMOVED BOARDS AND HAVE ENTERED AND REMAIN ON THAT PROPERTY.
THIS IS A CLOSE UP VIEW OF THE, IN OF THE AREA WHERE I BELIEVE THE FIRE INITIATED ORIGINATED.
AT THE TOP, YOU CAN SEE WHERE A PORTION OF THE ROOF IS REMOVED.
THERE'S NO, UH, NO ROOF, NO ROOF, DECKING, AND WATER CAN GET INTO, UH, THE INTERIOR OF THAT STRUCTURE.
AND THIS IS GOING TO BE THE, UM, THE SEGMENT OF THE PROPERTY, UH, CLOSEST TO THE FRONT ENTRANCE OF THE GATE, AS YOU CAN SEE MORE DAMAGE AND MORE OF THE, UH, CHARRED PORTIONS OF THE, UH, OF THE STRUCTURE FROM THE FIRE.
UH, NEXT PHOTO OR THAT SHOULD CONCLUDE.
UH, THAT CONCLUDES MY PRESENTATION.
IF THERE'S ANY QUESTIONS, I I WOULD BE READY.
BE HAPPY TO ANSWER ANY OF THEM.
OH, I WOULD JUST LIKE TO ADD AT DIFFERENT TIMES THROUGH THE, UH, PORTION OF THIS, I WAS ABLE TO MAKE CONTACT WITH THE MR. KYLE MAR.
IF I MISPRONOUNCE THE NAME, I APOLOGIZE.
UH, WHEN PROPERTY ABATEMENT ISSUES, UH, AROSE ONCE I WAS ABLE TO GET AHOLD OF MR. MACO, THAT HE HAS MADE, UH, AN ATTEMPT AT VARIOUS TIMES TO AT LEAST CLEAN THE PROPERTY, HAVE THE PROPERTY, UM, AB ABATED FROM CERTAIN TRASH AND DEBRIS.
BUT OVERALL, THE CONDITION OF THE APARTMENT HAS REMAINED THE SAME.
THE STRUCTURE HAS NOT, UH, ISSUES HAVE NOT BEEN REPAIRED, AND WE ALSO DO NOT HAVE ANY PERMITS THAT ARE ONGOING FOR THAT PROPERTY.
THAT'S ALL 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 IS CONSIDERED SUBSTANDARD WITH HAZARDOUS 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 J.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE.
THREE, REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK.
THEY'LL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
ENTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL ADMIT EXHIBIT ONE AND THE PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
NOW WE DO HAVE REPRESENTATIVES FOR THE OWNERS.
UM, I BELIEVE WE HAVE MR. GAGE.
UM, AND YOU DO HAVE FIVE MINUTES TO GIVE US YOUR PRESENTATION AND LET US KNOW WHAT WE NEED TO CONSIDER FOR THIS CASE.
I'LL TRY AND BE, IS THIS, CAN YOU HEAR ME WELL? THANK YOU.
I'M NOT USED TO BEING FAMOUS YET.
[01:55:01]
ON, UH, JULY 19TH OF, UH, 2021, UH, ZION CAPITAL, THIS IS, UH, ONE OF THE OWNERS, CAL MAR CO.UH, IN AUGUST AND SEPTEMBER, THEY STARTED MAKING IMPROVEMENTS TO THE PROPERTY, UH, DOOR HARDWARE, CONCRETE REPAIRS, UH, BRAND NEW ASPHALT PARKING LOT.
UM, OCTOBER 21, THEY DID, UH, COUNTERTOPS AND LIGHTING.
UM, AND ALL OF THESE, UM, WERE, UH, I THOUGHT WE HAD SLIDES.
UM, AND IT'S BASICALLY JUST OUR TIMELINE.
PAGES ONE OR, UH, NUMBER ONE AND TWO ARE THE ONLY TWO THAT WE NEED TO REALLY LOOK AT.
THE REST OF 'EM ARE EVIDENCE SUPPORTING THOSE.
UH, LIKE I SAID, WE'RE JUST GONNA TRY AND BE, UH, SHORT ALSO HERE.
UM, SO, UM, FOR THEIR FIRST, UH, FEW MONTHS OF OWNERSHIP, UH, THEY SPENT JUST UNDER $200,000 ON IMPROVEMENTS.
AND THAT'S WHAT THESE GUYS DO.
THEY BUY, UH, APARTMENT COMPLEXES AND FIX 'EM UP AND MAKE 'EM BETTER FOR THE TENANTS.
AND, UH, UNFORTUNATELY WE'VE ALL DEALT WITH INSURANCE COMPANIES, AND THAT'S WHERE THE PROBLEM HAS BEGUN.
WITH, UH, NO MOVING FORWARD, UH, AT THIS POINT UNTIL LATELY.
UM, THE FINAL CHECKS WERE, UH, WERE DISTRIBUTED IN MAY, AND THEY WERE THREE PARTY CHECKS.
THEY WERE TO, UH, ZION CAPITAL, THEY WERE TO THE BANK, AND ALSO TO YOUR, UH, THE ADJUST THE PUBLIC ADJUSTER THAT THEY HAD TO HIRE TO HELP THEM, UH, CONVINCE THE INSURANCE COMPANY THAT THE DAMAGES, THE DAMAGE IN.
IT'S PRETTY BIG AND EXTENSIVE.
SO, UM, WE'VE DONE EVERYTHING WE COULD.
UM, WE'VE WORKED REALLY WELL WITH, UH, INSPECTOR TORRES.
HE'S BEEN JUST SUPER, JUST AWESOME TO WORK WITH.
UM, YOU KNOW, ANY KIND OF COMPLAINTS OR ANYTHING LIKE THAT WE FOLLOW UP WITH, UH, WE'VE HAD SINCE FUNDING.
UH, WE HAVE, UM, UH, THE GUYS HAVE BEEN ABLE TO EMPLOY US.
WE'RE THE, WE'RE A GENERAL CONTRACTOR, AND WE'VE GONE IN AND WE'VE STARTED ALL THE MEASUREMENTS AND EVERYTHING.
THIS BUILDINGS HAD 17 OWNERS SINCE IT WAS BUILT IN 1983, AND THERE ARE NO ASBUILT PLANS.
SO FOR THE, FOR ABOUT A MONTH, WE'VE BEEN TAKING MEASUREMENTS, PUTTING EVERYTHING TOGETHER.
ON AUGUST 31ST, WE SUBMITTED FOR ALL OF OUR, UH, PERMITTING.
UH, RIGHT NOW WE ARE IN, WE ARE WAITING FOR OUR SITE PLANNING EXEMPTION.
UH, THERE WAS A MISCOMMUNICATION WITH ME, AND UNFORTUNATELY THE CITY AND, UH, UH, AN INDIVIDUAL THAT THEY DIDN'T THINK STILL WORKED AT, UH,
AND I HAD A MEETING WITH HIM TWO DAYS AGO, AND HE GAVE ME THE INFORMATION, I'M SORRY, YEAH, TWO DAYS AGO.
HE GAVE ME THE INFORMATION I NEEDED, AND WE HAVE OUR SITE PLAN EXEMPTION IN OUR, ALL OF OUR AS-BUILTS, UM, ALL OF OUR MEPS, EVERYTHING'S ALREADY BEEN TURNED IN.
SO BASICALLY WE WOULD'VE BEEN HERE MUCH SOONER IF THE INSURANCE COMPANY WOULD'VE LET US, UM, AGREE WITH EVERYTHING THAT HE SAID.
YOU KNOW, WE'VE GONE BACK, WE'VE PUT PLYWOOD UP AGAIN.
UH, WE'VE CLEANED UP, UH, THE TREE LINES.
WE'VE TRIED TO MAKE IT AS SAFE AND NICE AS IT AS IT POSSIBLY CAN BE.
AND, UH, UH, THE ONE THING THAT WE DO NEED, UM, IS SIGNIFICANTLY MORE THAN 90 DAYS.
UH, IF IT WASN'T FOR WEATHER AND SUPPLY CHAIN, WE COULD PROBABLY KNOCK THIS PROJECT OUT IN SIX TO NINE MONTHS, BUT IT'S GONNA TAKE US ABOUT A YEAR.
AND WE ARE WORKING DAILY WITH THE CITY OF AUSTIN TO GET EVERYTHING, UH, GOING AND HAVE HAD GREAT RESULTS.
WE, WE ONLY HAVE ONE MISCOMMUNICATION THAT WAS WITH, UH, UH, BUT, BUT WE'RE IN GOOD SHAPE RIGHT NOW.
AND, UH, EVERYTHING'S TURNED IN.
UH, I'M GONNA PASS IT ON TO KYLE.
LET HIM MAKE A COUPLE OF COMMENTS.
UM, SO YEAH, IN SUMMARY, I THINK THE IMPORTANT PART ABOUT THIS TIMELINE IS, NUMBER ONE, YOU KNOW, AT THE BEGINNING, UH, WE'VE SPENT A DECENT AMOUNT OF CAPITAL TO IMPROVE THE PROPERTY.
OUR INTENTION IS TO BE ACTIVE OWNERS.
WE ARE NOT TRYING TO, YOU KNOW, WE'RE FROM AUSTIN, TEXAS.
OUR GOAL IS TO IMPROVE THE COMMUNITY.
UM, THE FIRE HAPPENED IN JANUARY, AND THEN FROM THERE, AS EVERYONE KNOWS, INSURANCE COMPANIES ARE, UM, OFTEN TIGHT FISTED.
IT TOOK QUITE A BIT OF TIME TO NEGOTIATE THOSE, UH, SETTLEMENTS AT ALL.
TO BE COMPLETELY HONEST, IT'S HARD TO GET ANY MONEY OUT OF INSURANCE COMPANIES, LET ALONE THE ENTIRE POLICY.
UM, WE'VE SUBMITTED THE INSURANCE CHECKS TO, IN
[02:00:01]
THIS PRESENTATION THERE AT THE END, THERE'S NO NEED TO SCROLL THEM NOW, BUT ESSENTIALLY THOSE WERE ISSUED, UH, FIVE 16.AND THEN FROM THERE, LIKE HE SAID, THEY WERE ISSUED TO OUR BANK, NOT US.
OUR BANK HELD THEM FOR OVER A MONTH.
UH, MY CONVERSATIONS WITH, UH, UH, OFFICER TORRES ACTUALLY WERE WHAT HELPED US GET THE CHECKS RELEASED.
UM, THE OTHER IMPORTANT ELEMENT OF THE TIMELINE IS ALSO THAT AS SOON AS THE FIRE HAPPENED, WE SPENT PERSONAL CAPITAL, UM, IN ORDER TO PUT THAT FENCE UP, AND IS ACTUALLY THE REASON THAT INSPECTOR TORRES WAS NOT ABLE TO TAKE REAL LIVE PICTURES OF THE COMPLEX CLOSE UP BECAUSE THAT IS FENCED OFF.
WE'VE SPENT, UH, THE INVOICES FOR THOSE FENCES AND BOARDING UP ARE ALSO IN THE PRESENTATION.
AGAIN, NO NEED TO SCROLL TO THEM.
UH, AND LASTLY, WE DO SEND A MEMBER OF OUR TEAM TO ACTUALLY GO AND REBOARD THOSE EVERY TUESDAY.
SO WE, IF THERE IS ANY HOMELESS PEOPLE THERE, UM, THEY ARE REMOVED FROM THE PROPERTY AND ALSO THE, UH, BOARDS ARE REPLACED.
SO, UM, THAT'S ESSENTIALLY THAT PART.
AND THEN ALSO ON THE 12 MONTH SITUATION, I BELIEVE HE'S SPEAKING 12 MONTHS TO ACTUALLY RECTIFY THE CODE VIOLATIONS, WHICH ARE, UH, STRUCTURAL.
AND THAT INCLUDES, YOU KNOW, THE ROOF, THINGS LIKE THAT.
HE'S TALKING 12 MONTHS TO ACTUALLY COMPLETELY REBUILD THE PROPERTY, UM, WHICH IS WHAT WOULD BE NECESSARY TO RECTIFY THE CODE VIOLATIONS.
AS FAR AS THE PERMITS ARE CONCERNED, THAT WILL NOT TAKE 12 MONTHS.
THAT SHOULD BE, THOSE HAVE BEEN FILED, UM, THOSE SHOULD BE IN PRIOR TO OCTOBER 10TH.
UM, THE, THE THING HE, WE WERE ASKING FOR IS THAT THAT DATE TO MOVE OUT FOR THE ACTUAL PHYSICAL STRUCTURE VIOLATIONS, BECAUSE THOSE WILL TAKE A WHILE TO ACTUALLY REBUILD AS, UM, YOU KNOW, CAN RE REBUILDING PROPERTIES CAN OFTEN BE DIFFICULT.
AND THERE'S CERTAIN THINGS THAT CHANGE IN THAT PROCESS, WHETHER SUPPLY CHAIN, UM, AND THEN JUST UNFORESEEN THINGS THAT COME UP.
SO I THINK THAT'S JUST A, A DECENT SUMMARY, UM, OF THE SITUATION.
YOUR TIME WAS ALREADY UP, BUT THANKS FOR WRAPPING IT UP FAST.
AND HOW DO YOU SAY YOUR LAST NAME? IS IT MEXICO? UH, MAR HOT.
JUST FORGET THE T AND E AT THE END.
THANKS FOR THE BRIEF SUMMARY AND, UM, THE INFORMATION SHOULD BE HELPFUL TO US.
SO COMMISSIONERS, DO WE HAVE QUESTIONS FOR THE OWNERS? THE OWNERS, THE REPRESENTATIVE FOR THE OWNERS ADMIT THEIR EXHIBIT, ADMIT THEIR EXHIBIT? OH, YES.
UM, WAS IT, WAS THE EXHIBIT FOR THE OWNERS MARKED WITH ANY PARTICULAR NUMBER? OKAY.
WE'LL JUST ADMIT THE EXHIBITS, UM, THE OWNER'S EXHIBITS.
AND NOW WE CAN, UM, ENTERTAIN QUESTIONS OR COMMENTS EITHER FOR THE, FOR EITHER FOR STAFF OR FOR THE OWNERS.
COMMISSION OF FOREVER, JUST A COMMENT THAT I'M CONTINUING TO GO THROUGH THE OWNER'S EXHIBIT, WHICH IS AVAILABLE IN THE READER.
AND, UM, I'M LOOKING FOR THE FOUR ITEMS REQUIRED FOR THE COMMISSION IN ORDER TO ISSUE AN ORDER THAT IS LONGER THAN 90 DAYS.
THAT'S, THAT'S WHY I'M NOT REALLY MAKING A MOTION OR ANYTHING ELSE RIGHT NOW.
UM, SO WHAT THE COMMISSIONER IS REFERRING TO ARE THOSE HIGHLIGHTED PORTIONS OF THE NOTICE THAT SAYS YOU SHOULD COME PREPARED WITH, UM, WITH MORE SPECIFIC, UH, EVIDENCE TO SHOW US A TIMELINE.
WE HAVE, EXCUSE ME, WE HAVE THE, UH, THE EXACT MAKE SOFTWARE THAT WE USE, UH, WHICH COMES FROM THE INSURANCE COMPANY DUE TO THE EXTENSIVE DAMAGE THAT WAS DONE.
UM, IT'S THREE, ALMOST 400 PAGES AND AN ATTACHMENT OF THAT SIZE.
WE, WE WE'RE HAPPY TO EMAIL THAT OR BRING A THUMB DRIVE OR SOMETHING, BUT IT'S, IT'S PRETTY SIGNIFICANT.
ANY OTHER QUESTIONS OR COMMENTS? YES, COMMISSIONER FRYER, GO AHEAD.
AND THIS IS A COMMENT OR A QUESTION REGARDING THE EXHIBIT.
I'M SEEING THAT NO STRUCTURAL FRAMING PLANS HAVE BEEN DONE YET.
IS THAT STILL AN ACCURATE NOTE? THEY ARE IN THERE.
SO I JUST HAVE, JUST KEEP GOING AND YOU'LL SEE, UH, 24 PAGES.
SO I THINK THE, THE MAIN QUESTION I HAD WAS YOU SAID THAT THE PERMIT, THE PERMITS ARE ALREADY IN PLACE.
IS THAT RIGHT OR ARE THEY IN THE WORKS? THEY, THEY ARE IN THE WORKS.
UH, WE STARTED THE PERMIT PROCESS ON AUGUST 31ST.
DO YOU HAVE ANY STATUS UPDATE ON THOSE? UH, UH YES, MA'AM.
WE ARE, UH, THE, UH, OUR SITE PLAN EXEMPTION
[02:05:01]
WAS SUBMITTED TODAY BASED ON THE INFORMATION THAT I I RECEIVED, UH, TWO DAYS AGO.UH, WE HAD TO COLLECT A LITTLE MORE INFORMATION TO BE ABLE TO, UH, TO TURN IN A SITE PLAN EXEMPTION.
UH, FOR THOSE OF YOU'ALL THAT AREN'T FAMILIAR WITH WHAT A SITE PLANNING EXEMPTION IS, YOU GET, IT'S KIND OF A, IT'S A ONE TIME DEAL, UH, THAT YOU CAN GET IF YOU HAVE A MAJOR EVENT HAPPENING AT YOUR PROPERTY, SPECIFICALLY JUST LIKE THIS, UM, WHERE THE CITY, BECAUSE DUE TO THE AGE OF THE PROPERTY AND, UM, YOU KNOW, THE NUMBER OF OWNERS, THE CITY HAS BASICALLY NO RECORDS OF, UH, STRUCTURAL OF ANYTHING ON THE STRUCTURE, UH, OTHER THAN BASICALLY, UH, THE, THE TAX BILLS THAT'S BEEN PAID.
UM, YEAH, YOU HAVE A FOLLOW UP QUESTION? YES, I DO.
UM, MR. G, SO DOES THE CONSTRUCTION ESTIMATE, WHICH I, I HEARD YOU SAY WHY IT WASN'T ATTACHED BECAUSE IT WAS JUST GOING TO BE A MASSIVELY HUGE, UM, ITEM.
BUT DOES THAT MATCH THE AMOUNT OF THE INSURANCE CHECKS THAT YOU, THAT WERE ISSUED? YES, MA'AM.
NO, THERE'S NO SIGNIFICANT GAP OR DEDUCTIBLE THAT IS MISSING.
AND, UH, THOSE, THOSE NUMBERS LINE UP, YOU'LL SEE THE THREE CHECKS IN THERE AND THAT REFLECTS THE, AND, UH, THE SNAPSHOT OF THEIR BANK ACCOUNT REFLECTS THAT THEY ACTUALLY HAVE A LITTLE MORE THAN THAT, UH, AVAILABLE.
SO ALL THE MONEY IS AVAILABLE 100% AT THIS POINT IN TIME.
WE'RE ONLY WAITING ON PERMITTING.
AND THAT'S JUST, THAT'S JUST A PROCESS.
NOBODY'S DROPPING A BALL OR ANYTHING LIKE THAT.
IT'S JUST, UH, IT'S JUST, IT'S JUST WAITING.
CUZ THERE'S, IT'S VERY, THIS IS WHEN YOU HAVE A FIRE, THERE'S NO, NO, EASY.
IT ONLY AFFECTED THIS ONE PIECE.
UM, FOR INSTANCE, 100% OF OUR AIR CONDITIONERS HAVE BEEN STOLEN SINCE THIS, SO THAT'S WHY THEY HAVE ADDITIONAL MONIES AVAILABLE.
SO THE GUYS HAVE BUDGETED FOR THAT.
THEY KNOW THIS, THESE TYPES OF DEALS HAPPEN AND ALL THE MONEY SET ASIDE, UH, CURRENTLY, AND IT'S ALL INTO, UH, IN THE PACKAGE YOU HAVE.
AND DO YOU HAVE A CONSTRUCTION SCHEDULE AND, AND UNDERSTANDING THE START DATE IS UP IN THE AIR? YES, MA'AM.
UH, IS THAT IN HERE? I DIDN'T SEE IT.
OR COULD YOU JUST TALK US THROUGH IT? THE, YOU KNOW, THE BIG, THE HIGH HIGHLIGHTS.
HIGHLIGHTS, UM, SO LET'S, LET'S SAY NOVEMBER OR LET'S SAY OCTOBER 10TH, WE'RE READY TO GET STARTED ON EVERYTHING.
UM, WE WILL HAVE ABOUT ONE MONTH OF, UH, OF DECONSTRUCTION TO FIGURE OUT EXACTLY WHERE WE ARE AND WHAT DAMAGE HAS OCCURRED.
SECONDARY DAMAGES, UH, WE HAVE A LOT OF SECONDARY DAMAGES, SAME AS ANYWHERE ELSE HERE IN THE CITY OF AUSTIN.
WE HAVE A LOT OF PEOPLE THAT ARE UNFORTUNATE, THAT ARE HOMELESS AND THAT ARE, THAT ARE COMING IN AND, AND TAKING THINGS.
SO, UH, WE'LL HAVE, UH, ABOUT A MONTH WHERE WE'RE, UH, ASSESSING THOSE ADDITIONAL DAMAGES AND PUTTING EVERYTHING TOGETHER AND THEN MOVING FORWARD, THE REBUILDING TIME, UM, IS SIGNIFICANTLY QUICKER.
THE DECONSTRUCTION AND FIGURING OUT EXACTLY WHERE WE ARE.
UM, IT'S ALMOST IMPOSSIBLE AT THIS POINT IN TIME TO PUT A, A TIMELINE TOGETHER, UH, THAT COVERS THAT FIRST MONTH.
BUT FROM THERE, MOVING FORWARD, SUPER SIMPLE, REAL SIMPLE AND QUICK AND EASY.
BUT WE JUST, WE, WE DON'T KNOW EXACTLY WHERE WE'RE AT, BUT WE DO KNOW WE HAVE ENOUGH FUNDS TO PUT IT BACK TOGETHER.
CAN YOU GIVE US RANGE? RANGE? UM, BECAUSE IF WE ARE TO HAVE, IF WE ARE TO ISSUE AN ORDER THAT IS LONGER THAN 90 DAYS, WE WOULD NEED TO HAVE A TARGET AMOUNT OF TIME.
UM, IN A, IN A PERFECT WORLD, WE SHOULD BE ABLE TO GET ALL THIS.
IF WE HAD ZERO SUPPLY CHAIN AND WE HAVE SUPPLY CHAIN, AND IF WE HAD, UH, PERFECT WEATHER, AND SOMETIMES WE HAVE IT HERE IN CENTRAL TEXAS, THANK GOD, IT'S BEEN NICE LATELY.
UM, BUT, UM, IF THOSE TWO THINGS ALL PERFECTLY FELL IN PLACE, WE'D REALLY ONLY NEED MAYBE SIX MONTHS TO GET THIS THING PUT BACK TOGETHER.
UH, WE HAVE TO BUY 44 WASHERS, 44 DRYERS, UH, FIND SOMEBODY THAT'S GONNA BUILD 44, EXACTLY THE SAME SETS OF CABINETS, 44 OF EVERYTHING.
SO THAT'S, THAT'S WHERE THE TIME STRAIN CONSTRAINT COMES IN.
I MEAN, ALL OF US HAVE BEEN THE HOME DEPOT TRYING TO BUY SIMPLE THINGS AND IT'S NOT THERE.
SO WE, WE JUST HAVE THAT COMPOUNDED BY 44.
SO, SO BASICALLY OVERALL TIMEFRAME, YOU'RE LOOKING AT THE PERMITTING PROCESS, WHICH IS UNKNOWN, BUT THEN YOU'RE LOOKING AT AT LEAST A MONTH OF JUST ASSESSMENT AND DECONSTRUCTION, OPTIMISTICALLY SIX MONTHS AFTER THAT.
[02:10:01]
SUPPLY CHAIN ISSUES, MAYBE THAT'S SEVEN OR EIGHT MONTHS, IS THAT UNREASONABLE? CORRECT.AND THEN GIVEN WHETHER THAT'S WHY WE'RE ASKING FOR ONE YEAR, NINE MONTHS IS NOT UNREASONABLE.
IF Y'ALL WANT TO GO WITH NINE MONTHS, AND THEN WE CAN REASSESS AT THAT POINT IN TIME, GOT NO PROBLEM WITH THAT.
WE JUST ASSUME JUST DO IT ONE TIME.
WE, WE ARE GREAT COMMUNICATORS, WE'RE WORKING GREAT WITH THE, WITH THE CITY, AND, UH, UH, WE, NOT THAT I'M SAYING IT WOULD BE A WASTE OF TIME, BUT FOR US TO MEET AGAIN IN NINE MONTHS, IF WE CAN JUST ASK FOR A YEAR, UH, WHICH IS, WHICH IS A REASONABLE TIMEFRAME, I BELIEVE.
UM, THEY DON'T GET TO START MAKING MONEY UNTIL I GET IT DONE.
THEY NEED TO, THEY NEED TO GET IT DONE.
EVERYBODY NEEDS TO GET IT DONE QUICK.
IT'S IN EVERYBODY'S BEST INTEREST.
AND SO THAT EVERYONE UNDERSTANDS TOO.
I BELIEVE IF WE EXTEND BEYOND 90 DAYS, I MEAN, IF WE ISSUE AN ORDER LONGER THAN 90 DAYS, WE WILL REQUIRE SOME UPDATES FROM YOU.
IS MY UNDERSTANDING THAT THAT IS, THAT'S JUST WHAT WE'RE LIMITED TO.
THAT IS OUR UNDERSTANDING TOO.
WE CAN, UH, STAY IN COMMUNICATION, WHETHER IT'S, UH, UH, WITH, UH, THE CODE DEPARTMENT, THE COMMISSION, IT DOESN'T MATTER.
UH, WE CAN DO EMAILS, UH, PHOTOS AND, UH, UPDATES, UH, UH, WEEKLY ON OUR TIMELINES.
THAT'S NOT A PROBLEM AT ALL, THAT WE DON'T SEE THAT AS AN INCONVENIENCE.
WE UNDERSTAND THE POSITION WE'RE IN, THAT WE'VE PUT YOU GUYS IN.
WE JUST, WE COULDN'T, OUR HANDS WERE TIED, BASICALLY.
SO, BUT THANK YOU FOR, UH, UH, FOR YOUR CONSIDERATION.
AND, UM, I THINK WE HAVE MORE INFORMATION NOW.
UM, THANKS FOR COMING PREPARED, EVEN THOUGH YOU DON'T HAVE THE BIDS, BUT I UNDERSTAND WHY, UM, IT'S A HUGE PROJECT.
AND SO FAR I SEE THAT YOU DID COME WITH THE PROOF OF FUNDS AND THOSE FUNDS ARE DEDICATED TO THIS PROPERTY.
SO I FEEL COMFORTABLE THAT WE CAN COME TO A, SOME SORT OF DECISION TONIGHT THAT WOULD HELP AND BE REALISTIC.
UM, SO COMMISSIONERS, DO YOU HAVE ANY OTHER, DO DO I HAVE ANY OTHER QUESTIONS OR COMMENTS OR ANY MOTION OR AT LEAST YEAH, GO AHEAD.
COMMISSION A MUELLER, I, I GUESS I JUST HAVE A CLARIFICATION FOR OUR COUNCIL.
DO WE HAVE ALL THE PIECES WE WOULD NEED TO EXTEND THAT TIMELINE, OR DO WE NEED TO ASK THEM TO COME BACK NEXT TIME WITH ALL THOSE PIECES? BECAUSE I'M HEARING THEY HAVE THE FUNDS, BUT IT SOUNDS LIKE WE DON'T HAVE THE DETAILS ABOUT, UM, YOU KNOW, WHO'S GONNA DO THE WORK AND THE PLANS AND ALL THE OTHER ITEMS THAT ARE REQUIRED FOR US.
UM, SO ARE, ARE YOU, UM, COMMISSIONER, ARE YOU ASKING WHAT THE REQUIREMENTS ARE TO EXTEND PAST 90 DAYS? RIGHT.
AS SHOWN IN THE NOTICES THAT GO OUT, UM, WE ASK THE OWNERS OR REPRESENTATIVES TO COME WITH SOME SORT OF EVIDENCE OF THEIR TIMELINE BIDS TO, UH, CONTRACT, I MEAN FROM CONTRACTORS, RIGHT? AS WELL AS THE PROOF OF FUNDS.
SO IF WE HAVE, UM, THEIR VERBAL TESTIMONY TONIGHT, WILL THAT BE SUFFICIENT? SO DO WE NEED A WRITTEN DOCUMENTATION OF ALL THIS BIDS? UM, SO THE COMMISSION'S RULES AND REGULATIONS DOCUMENT THAT'S IN, UM, IT'S IN ALL OF YOUR BACKUP AS WELL.
UM, RULE 406 SETS OUT THE REQUIREMENTS FOR EXTENDING PAST 90 DAYS.
AND JUST TO SUMMARIZE, BECAUSE WE'VE ONLY BEEN TALKING ABOUT ONE OR TWO, THE FIRST IS A SOURCE OF FUNDING.
THE SECOND IS A BREAKDOWN OF COSTS, THE THIRD IS THE TIMEFRAME, AND THE FOURTH IS DRAWINGS OR A CONTRACTOR'S ESTIMATE OF REQUIRED WORK.
UM, AND JUST TO CLARIFY FOR COMMISSIONER MUELLER, IT DOESN'T, IT DOESN'T NECESSARILY, UM, I THINK REQUIRE, WE KNOW WHO DOES THE WORK.
WE JUST NEED AN ESTIMATION OF WHAT THE WORK IS GOING TO CONSIST OF, HOW LONG IT'S GONNA TAKE, HOW MUCH IT'S GONNA COST, UM, AND, UM, THOSE, UM, THE, THE RULES DO, UM, REQUEST DOCUMENTS.
UM, BUT THE RULE DOES SAY THAT THE COMMISSION MAY IN ITS DISCRETION EXCEPT ALTERNATIVE FORMS OF EVIDENCE.
SO, UM, I BELIEVE IT'S YOU ALL TO DECIDE IF, IF THAT ORAL TESTIMONY WOULD BE SUFFICIENT.
UM, COMMISSION A MUELLER, HAVE YOU HAD A CHANCE TO LOOK AT THE OWNER'S EXHIBITS IN THE FOLDER AND THE DRAWINGS AND EVERYTHING? I HAVE.
I, I MEAN, I SEE SOME OF THE THINGS SAY FRAMING PLAN TO BE DETERMINED BY LICENSE ENGINEER, YOU KNOW, I MEAN, I UNDERSTAND THEY'RE KIND OF ON THEIR WAY.
[02:15:01]
FROM PEOPLE WHO ARE MORE FAMILIAR WITH DEVELOPMENT PROCESSES, UM, IF YOU FEEL LIKE THIS IS ADEQUATE INFORMATION, UH, OR NOT AT, AH, AND, YOU KNOW, WE HAVE TO BE CONSISTENT ALSO, I, I, I DON'T WANNA BE IN A POSITION WHERE SOMEONE ELSE COMES BACK AND SAYS, WELL, YOU KNOW, TELLS US VERBALLY SOMETHING LIKE, WHAT, WHAT DO YOU ALL THINK WHO HAVE KIND OF MORE EXPERIENCE WITH THIS ABOUT WHAT WE'RE SEEING HERE? MADAM CHAIR.I'M WONDERING, GENTLEMEN, SINCE THIS IS VERY CLEAR ABOUT WHAT YOU NEEDED TO PROVIDE TONIGHT, THAT YOU'VE CHOSE NOT TO DO THAT.
IS THERE ANY REASON FOR NOT DOING THAT THERE? WE HAVE, IF YOU'RE ASKING US FOR AN EXTENSION, IT'S PRETTY CLEAR ABOUT THE CRITERIA YOU NEED TO MEET TO GET THAT EXTENSION, BUT YOU CHOSE NOT TO DO THAT.
IS THERE A REASON FOR THAT? UH, WE DID SUPPLY THE PLANS.
WE DID SUPPLY THE ONE WE CAN, WE COULD HAVE COME HERE AND TOLD YOU THAT WE KNOW EXACTLY WHAT NEEDS TO BE DONE.
BUT WE, UNTIL WE CAN GET DEMO DONE ON THIS PROPERTY AND OPEN UP THESE WALLS AND SEE WHAT PLUMBING IS GOOD, WHAT ELECTRICAL IS GOOD, BECAUSE IT HAS BEEN EXPOSED FOR SEVEN TO NINE MONTHS OR OR SIX.
YEAH, IT SAYS ESTIMATE, JUST SAYS ESTIMATE, SAYS ESTIMATE.
DOESN'T SAY THAT TO BE SPECIFIC.
AND THEN IT SAYS BIDS FROM CONTRACTORS.
BUT YOU SAID YOU HAD THAT, BUT DIDN'T SUPPLY THAT TO, TO MELANIE, IS THAT CORRECT? I, I AM THE CONTRACTOR AND IT IS FOR THE ENTIRE $2 MILLION THAT THE INSURANCE COMPANY IS, HAS, UH, PROVIDED.
XACTIMATE SOFTWARE IS VERY, VERY, VERY DETAILED AND IT SHOWS 100% OF WHAT'S AVAILABLE.
AND WE'RE NOT TRYING TO HIDE ANYTHING.
WE'RE NOT TRYING TO WASTE ANYBODY'S TIME.
UH, I I'M HAPPY TO GET A COPY OF THE EXACT DATE TO YOU GUYS.
WE JUST, IT'S TOO LARGE OF A FILE TO REALLY EMAIL.
UM, I CAN BRING A THUMB DRIVE TO YOU GUYS OR WHATEVER YOU NEED, BUT, OKAY.
UM, WELL, MY THOUGHTS ON, UH, ON THIS WOULD BE THAT THE COMMISSION DOES HAVE THE DISCRETION, AS YOU SAID, TO CONSIDER ALTERNATIVE FORMS OF EVIDENCE.
UM, AND LOOKING AT THE CONTEXT, UM, THE FACT THAT THIS WAS A FIRE, THIS IS A VERY UNIQUE PLIGHT IN MY OPINION, AND ALSO THE FACT THAT THERE ARE THIRD PARTIES INVOLVED, SO THAT WOULD'VE COST A LITTLE BIT OF A DELAY, AND THAT THESE FUNDS ARE DESIGNATED FOR THIS SORT OF REPAIRS OR REBUILD.
SO I FEEL COMFORTABLE, UM, KNOWING THAT THE OWNERS DO HAVE AN INCENTIVE TO MAKE THIS REPAIRS AS SOON AS POSSIBLE AS WELL, AND THAT THE FUNDS ARE CLEARLY THERE.
SO, UM, THOSE ARE MY THOUGHTS.
I THINK WE CAN CERTAINLY MAKE A DECISION TONIGHT.
I WOULD RATHER WE HAVE SOME ACTION TONIGHT THAN PUSHING IT DOWN THE LINE AGAIN.
AND OF COURSE, WE, WE CAN MAKE MODIFICATIONS TO THE TIME THAT'S BEEN REQUESTED OF ONE YEAR.
CAUSE THAT SEEMS
SO, ANY OTHER THOUGHTS, COMMENTS? WELL, UM, ANYBODY CARE TO MAKE A MOTION? I MEAN, IF WE CLOSE THE PUBLIC HEARING.
UM, DO WE HAVE A SECOND ON THAT MOTION TO CLOSE THE PUBLIC PART OF THE HEARING? SECOND.
IS EVERYONE IN AGREEMENT TO CLOSE, UM, THE PUBLIC HEARING? SAY, AYE, IF YOU ARE.
SO THAT PUBLIC PART OF THE HEARING IS CLOSED AND THE COMMISSIONERS WILL NOW, UM, MOVE FORWARD WITH CONSIDERING YOUR REQUEST OF COURSE, AND MAKING A DECISION.
UM, INSPECTOR TORRES AND THANK YOU EVERYONE.
I WAS, I WAS GONNA LET SOMEONE ELSE MAKE A MOTION.
YOU VERY GOOD AT IT TONIGHT? NOT EVERY NIGHT.
I'LL, SO, YOU KNOW, AND JUST SO YOU'RE AWARE, CHAIR, YOUR MICROPHONE IS NOT ON
I, I WILL LET EVERYBODY THINK ABOUT IT.
OBVIOUSLY, UM, THESE ARE IMPORTANT DECISIONS, SO WE'LL TAKE A COUPLE OF SECONDS TO CONSIDER THE EVIDENCE AND, UH, I WILL BE HAPPY TO ACCEPT ANY MOTIONS.
I GUESS I'LL, I'LL SHARE MY THOUGHTS WHERE, KIND OF WHERE I'M AT, UM, WHICH IS THAT AGREED.
[02:20:01]
EXHIBIT DOES NOT ENTIRELY TO THE LETTER MEET THE REQUESTED ITEMS, BUT AFTER HEARING THEIR VERBAL TESTIMONY, I DO BELIEVE THAT THE INTENT IS MET.AND ESPECIALLY THE FACT THAT PLANS HAVE BEEN SUBMITTED FOR PERMIT.
UM, WHETHER OR NOT THEY ARE ENTIRELY COMPLETE RIGHT NOW, THEY WILL BE BY THE TIME THEY ARE DONE GOING THROUGH PERMITTING.
AND SO I, I AM COMFORTABLE THAT THE THRESHOLD HAS BEEN MET FOR US TO ISSUE AN ORDER THAT IS BEYOND THE 90 DAY TIMEFRAME AS A COMMISSION.
BUT THAT'S MY PERSONAL OPINION.
DO WE HAVE ANY OTHER THOUGHTS OR, UM, ANY OTHER CONSIDERATIONS THAT WE SHOULD KEEP IN MIND? WELL,
UH, YEAH, I GUESS I HAVE MAKE A FEW OBSERVATIONS, BUT THE WAY I READ THE REQUIREMENTS OF RULE 4 0 6, UM, THAT I, I JUST THINK AS A TECHNICAL MATTER, AS CLOSE A CALL AS THIS MAY BE, I JUST, I JUST DON'T THINK IT'S SATISFIED.
UM, YOU KNOW, SO THE FIRST REQUIREMENT, UH, ENGINEERS ARE ENGINEERS ARE ARCHITECTS, DRAWINGS, OR CONTRACTORS ESTIMATE? I THINK, I THINK I SEE THAT, UH, AS I GO THROUGH THEIR PRESENTATION, FORMAL BREAKDOWN OF COST.
I THINK WE PRETTY OBVIOUSLY DON'T HAVE, UH, THE PROOF OF THE FUNDS FROM FINANCIAL INSTITUTION, WHICH IS THE THIRD.
I THINK WE DO HAVE AND ESTABLISHED TIMEFRAME.
UM, AGAIN, I DON'T THINK WE HAVE THAT, UH, THERE ARE SOME IMPEDIMENTS TO FINALIZING THAT, THAT I UNDERSTAND.
WHETHER SUPPLY CHAINS, ET CETERA, PERMITTING.
UM, I GUESS I'D JUST LIKE TO SAY THAT I'VE BEEN AT THIS COMMISSION, UH, LONG ENOUGH NOW THAT I'VE SEEN THESE GO BOTH WAYS.
IN OTHER WORDS, I'VE SEEN PEOPLE COME IN WITH, UM, A LITTLE BIT LESS THAN THE REQUIREMENTS OF, UH, OF OUR RULE 4 0 6 AND, UH, AND BE TREATED FAVORABLY HERE BEFORE US AND HAS SEEN IT GO THE OTHER WAY.
AND I, I AND I, I, I JUST, I THINK IN THE INTEREST OF CONSISTENCY, IF WE ARE INVOKING THE SORT OF CATCHALL PROVISION OF 4 0 6, THAT ALLOWS US IN OUR DISCRETION TO ACCEPT ALTERNATE FORMS OF EVIDENCE, WE JUST, WE GOTTA BE, WE GOTTA BE CLEAR AND GENERATE A RECORD TO THE EXTENT THAT THAT IS WHAT WE ARE DOING, UH, LESS THAN IT SEEMED THAT WE ARE JUDGING, UH, OWNERS BY THE QUALITY OF THEIR EXCUSE OR, OR BY UH, UH, YOU KNOW, HOW, UM, YOU KNOW, HOW, HOW, HOW WE FEEL ABOUT THE WAY THEY SOUND WHEN THEY TESTIFY TO US, RIGHT? UH, YOU KNOW, IF WE'RE GONNA JUST BE, BE RELYING THAT HEAVILY ON ORAL ASSURANCES FROM, FOR PEOPLE IN THE ROOM WITH THIS HERE, UM, I'M NOT SAYING THAT I FEEL STRONGLY THAT WE SHOULDN'T GO BEYOND 90 DAYS IN THIS CASE.
I'M JUST SAYING THAT, THAT I THINK IT REQUIRES SOME, UM, SOME REFLECTION AND, UH, ANYWAY, I'LL LEAVE IT AT THAT.
THANKS FOR, UM, YEAH, THOSE THOUGHTS.
I HAVE TO ECHO THOSE, THOSE SEDIMENTS.
I'VE BEEN WITH YOU FOR A WHILE NOW AND IT SOUNDS LIKE WE'VE BEEN INCONSISTENT.
THAT'S FRUSTRATING FOR ME BECAUSE I'M A ROOF FOLLOWER AND IF IT SAYS PROOF, THAT'S NOT, THAT'S PROOF.
WHETHER A FILE IS TOO BIG TO BRING IN OR NOT IS IRRELEVANT TO ME.
YOU BRING IT, IT SAYS ESTIMATE, YOU BRING IT, YOU BRING ALL THAT, YOU MEET THE CRITERIA, YOU BRING TO THIS GROUP, THE REQUIRED CRITERIA, AND YOU SATISFY THAT CRITERIA.
AND IF WE'RE NOT BEING CONSISTENT IN THAT, WE NEED TO REFLECT ON THAT BECAUSE IT IS ARBITRARY.
AND HOW CAN WE BE CONSISTENT IN WHAT WE DO IF WE ARE NOT CONSISTENT? SO MAYBE IT'S TIME TO MAKE A DECISION AS A GROUP THAT WE ARE GOING TO BE CONSISTENT AND HOLD EVERYBODY TO THAT SAME STANDARD.
I THINK, UH, COMMISSIONER MUELLER SAID THE SAME THING.
THEN WHAT IS THE RULE? IS PROOF SOMEONE JUST COME TALKING OR IS PROOF HERE? IT IS.
CAUSE IT SOUNDS LIKE THEY HAVE IT, BUT THEY CHOSE NOT TO BRING IT.
THIS IS NO REFLECTION ON YOU GUYS.
THIS IS JUST, I'M KIND OF GETTING CLARITY BEING HERE AS WELL AND SAYING, OKAY, WELL WHAT IS THE STANDARD THEN? BECAUSE TO ME IT SOUNDS ARBITRARY, AND IF IT'S BEEN THAT WAY, THEN HELL GO AHEAD, GIVE IT TO 'EM.
CUZ IT SOUNDS LIKE THAT'S WHAT WE'VE BEEN DOING IN THE PAST.
BUT IF WE'RE GONNA SAY WE WANT FOLKS TO PROVIDE PROOF, AND TO ME, IT'S, HERE'S THE PIECE OF PAPER AND HERE'S HERE'S THE ESTIMATES, AND THAT'S PROOF, RIGHT? NOT JUST KIND OF GIVING US VERBALLY.
[02:25:01]
SO I NEED SOME CLARITY AND WHAT THAT STANDARD'S GONNA BE.THAT'S, UH, THAT JUST WORKS BEST FOR ME.
IF IF STAFF SAYS THEY MEET THE CRITERIA, THEN BOOM, THEY'VE DONE IT.
AND I'LL COME BACK AND COMMENT.
COMMISSION OF MUELLER, GO AHEAD.
UH, IT, IT SOUND, IT SOUNDING MORE TO ME LIKE MAYBE WE NEED TO SAY COME BACK NEXT MONTH WITH MORE DETAIL, BECAUSE BY THEN MAYBE YOU WILL HAVE SOME BIDS AND SOME MORE DETAIL ON THE PIECES OF THIS THAT, UM, THAT YOU COULDN'T YET FILL IN AND WE WOULD BE IN A STRONGER POSITION TO, UM, YOU KNOW, EXTEND THAT TIMELINE FOR AS MUCH TIME AS ALL THESE PLANS SAY YOU REALLY NEED.
SO I GUESS THAT'S, THAT'S KIND OF WHERE I'D BE MORE COMFORTABLE.
UM, I, I, I UNDERSTAND THE SENTIMENTS AND THE, YOU KNOW, THE REASONING BEHIND THAT.
I, I'M NOT SURE WE'VE BEEN INCONSISTENT IN APPLYING THAT PARTICULAR PART OF THE CODE.
I THINK, UM, WE ARE LOOKING AT THE CIRCUMSTANCES ON A CASE BY CASE BASIS AS WELL, BECAUSE WE DO HAVE TO, UM, LOOK AT THOSE CIRCUMSTANCES, LISTEN TO THE EVIDENCE AS A COMMISSION, AND WE DO HAVE TO, UM, SOMETIMES BECAUSE EVERYBODY'S SWORN IN, WE DO HAVE TO LISTEN TO THAT VERBAL TESTIMONY AS WELL.
AND HOPEFULLY EVERYBODY HERE IS TELLING US THE TRUTH.
HOWEVER, IN THIS CASE, IN THIS PARTICULAR CASE, IT'S, WE HAVE OBJECT, I MEAN, OBJECTIVE EVIDENCE THAT THE FUNDS ARE THERE AND THOSE FUNDS ARE DESIGNATED TO THIS PARTICULAR JOB.
AND ALSO THE FACT THAT THE OWNERS HAVE NOTHING TO GAIN BY JUST LETTING THE PROPERTY SIT IN DISREPAIR.
SO I THINK WE DO HAVE TO LOOK AT THE SPIRIT OF THAT LAW, OR IT'S NOT EVEN A LAW LIKE THE SPIRIT OF, UH, THIS, THE THRESHOLD HAS BEEN MET AND IN, IN MY OPINION, IT HAS BEEN MORE THAN MET TODAY.
UM, BECAUSE I DID HEAR THE OWNERS SAY ALSO THAT THEY DIDN'T QUITE KNOW WHAT REPAIRS ARE NEEDED UNTIL THE DEMO DEMOLITION IS DONE.
AND THAT HAS NOT HAPPENED YET.
SO IT'S, I I DON'T BELIEVE THEY COULD HAVE COME TODAY WITH PROPER EVIDENCE TO SHOW US WHAT EXACTLY NEEDED TO BE DONE WITHOUT FIRST, UM, GETTING THAT FIRST PART DONE.
UM, SO ANY OTHER THOUGHTS OR CLARIFICATIONS NEEDED OR SHOULD WE YES, COUNSEL MANAGER, I JUST WANNA CLARIFY, IT IS NOT A LAW OR A REQUIREMENT OF CITY CODE.
THIS IS JUST A REQUIREMENT IN THE COMMISSION'S, RULES AND REGULATIONS.
SO WE DO OF COURSE WANT TO BE FAIR.
WE WANT PEOPLE TO BE ABLE TO PREDICT WHAT HAPPENS WHEN THEY COME HERE.
AT THE SAME TIME, WE DO NOT WANT TO JUST GO BY, UM, THE LETTER OF OUR POLICY IF THE SPIRIT BEHIND IT HAS BEEN SATISFIED.
SO THOSE ARE MY THOUGHTS, AND I WILL ENTERTAIN ANY EMOTIONS AT THIS POINT AS WELL.
UM, I THINK COMMISSIONER MUELLER WAS STARTING TO FORM WHERE YOU'RE STARTING TO FORMULATE A MOTION OF SOME SORT.
UM, UM, I DON'T KNOW IF WE, DO WE NEED A MOTION IF WE SAY LET'S CONTINUE THIS UNTIL THE NEXT MEETING? WE DO.
I'M SEEING A LAWYER SHAKE THEIR HEAD.
THANK YOU FOR, UM, MAKING THAT MOTION.
DO WE HAVE ANY THOUGHTS, COMMENT ON THE MOTION OR DO WE HAVE A SECOND? I HAVE NO, SURE, SURE.
COMMISSION IS, YEAH, I, I HAVE BOTH THOUGHTS AND A SECOND, WHICH IS, UH, I'LL SECOND THE MOTION AND I'LL DO, SO, UH, I, I REALLY DO AGREE WITH A LOT OF WHAT, UH, YOU
I ALSO AGREE THAT THAT TESTIMONY UNDER OATH IS EVIDENCE.
YOU KNOW, JUST BECAUSE IT'S NOT PRINTED ON A PIECE OF PAPER DOESN'T MEAN IT CAN'T BE CONSIDERED.
UM, I, I THINK I, I DON'T THINK OF A TERRIBLY INCONVENIENCE THIS OWNER FOR THE OTHER MEMBERS OF THIS COMMISSION
[02:30:01]
TO HEAR BACK FROM HIM.IT'S ONE MORE ITEM ON OUR AGENDA NEXT MONTH, AND I, I REALIZE THAT WE HAVE PLENTY TO DO, BUT, UH, I, I WOULD FEEL BETTER ABOUT CHECKING ALL THE BOXES ON THIS, AND I DON'T MIND HEARING THIS ONE AGAIN, IF THAT'S WHAT IT TAKES.
AND SO THAT'S THE REASON FOR MY SECOND, UM, I SECOND COMMISSIONER MILLER'S MOTION, UH, THINKING ABOUT CHAIR.
UM, I WILL CALL THE VOTE UNLESS WE HAVE ANY OTHER COMMENTS, AND IF WE DON'T HAVE A UNANIMOUS UM, VOTE, THEN THAT MOTION IS NOT GOING TO PASS.
SO WE'LL DO THIS AGAIN, UM, WITH A DIFFERENT MOTION.
I'LL START WITH COMMISSIONER MUELLER, HOW DO YOU VOTE? I VOTE FOR MY MOTION.
AND I ALSO VOTE NO ON THAT MOTION AND COMMISSIONER? UM, I'M A I, BUT, UM, IT'S LIKE WE'LL BE VOTING AGAIN, SO HOPEFULLY OKAY, WE'RE BACK.
AND, UM, I'LL ENTERTAIN ANOTHER MOTION, A MODIFICATION OF FRIENDLY MODIFICATION OF THE FIRST ONE.
I'M NOT SURE THERE'S A MODIFICATION.
I'M GUESSING IT'S, IT'S GONNA BE, WE'RE GOING TO CONTINUE, UH, THE CASE, RIGHT? UM, NO, I'M SORRY.
IT, NO, SOMEONE COULD MAKE AN ENTIRELY DIFFERENT MOTION.
OH, NOBODY'S INTERESTED IN MODIFICATION OF THE EXISTING MOTION.
I DON'T SEE ANY, UH, ANYONE MAKING ANOTHER MOTION? NO.
SO IN THIS CASE, WE JUST HAVE TO HEAR IT AGAIN ANYWAY, IS THAT RIGHT? UM, MADAM CHAIR.
SO OUR, SO, UM, IF THE COMMISSION CANNOT AGREE TO AN ORDER, YOU COULD MOVE TO CONTINUE THE CASE.
CAN I SAY SOMETHING REAL QUICKLY? UH, YES.
UM, THE OWNERS HAVE TOLD ME THAT, OR MR. G HAS SAID THAT THEY COULD EMAIL THE INFORMATION TO US.
THEY HAVE IT IN AN EMAIL IF YOU'D LIKE FOR THEM TO EMAIL IT.
WE CAN PUT IT UP ON THE SCREEN.
IF YOU'D LIKE TO CONSIDER IT, I CAN HAVE HIM EMAIL IT TO ME.
WHAT WE'LL DO IS, UH, GO AHEAD AND DO THAT JUST IN CASE THAT WOULD HELP WITH A DIFFERENT SORT OF MOTION.
AND IN THE MEANTIME WE'LL GO, UM, ONTO THE NEXT CASE.
UM, MADAM CHAIR, WE COULD GO BACK TO THE PREVIOUS CASE AND FINISH THAT VOTE IF YOU WOULD LIKE.
[4. Case Number: CL 2022-138423 (Part 2 of 2)]
OKAY.LET'S GO BACK TO THE ONE ON 1911 EAST ZA.
CAN I HAVE HIM EMAIL IT TO YOU? I'M, I'M NOT SURE THAT MY, OH, YES.
SO, UM, JUST TO, TO RECAP AND IT, IT WOULD BE GOOD TO RESTATE THE MOTION, EVEN THOUGH IT'S ALREADY BEEN, UM, MOVED AND SECONDED, UM, THAT, UH, THAT THE STATE STATUTE DOES PERMIT THAT FORM OF PENALTY ASSESSMENT.
UM, SO YOU ARE FREE TO GO AHEAD AND VOTE ON THAT MOTION.
SO DO YOU WANNA RESTATE YOUR MOTION WITH THE PENALTIES AB ABSOLUTELY.
THIS WAS, UM, WE'LL GIVE IT A MINUTE.
OKAY, SO IT'S MY, THIS WAS FOR AGENDA ITEM NUMBER 4 19 19 11 EAST CAESAR CHAVA.
OKAY, SO THE, THE MOTION WAS TO ADOPT STAFF'S RECOMMENDED ORDER WITH ONE MODIFICATION, BUT I'LL GO AHEAD AND READ IT ALL OUT AS BEST I CAN.
WHICH IS TO REQUIRE THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND REMOVE ALL DEBRIS, LEAVING THE LOT CLEAN AND RAPED, AND TO REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, TO ASSESS A FINE OF
[02:35:01]
$1,000 PER VIOLATION PER DAY FOR EACH OF THE 45 PREVIOUS DAYS, AND INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.ALSO TO AUTHORIZE THE CODE OFFICIAL.
THIS IS ALSO ON THE 46 DAY TO AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS IN DISPOSE OF AS SUCH.
AND THE PROPERTY OWNER SHALL BE UNNOTICED THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY, UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIE FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST CHARLOTTE CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, SO WE DO HAVE THAT MOTION ON THE TABLE AGAIN FOR THE PROPERTY AT 1191 EAST CESA CHAVEZ, AND I'M READY TO CALL THAT VOTE IF EVERYBODY, UM, IS COM, I MEAN, UNDERSTANDS THE MOTION AS STATED.
SO WE'LL START WITH COMMISSIONER STILL.
DAD, HOW DO YOU VOTE ON THIS MOTION? AYE.
THANK YOU COMMISSIONER MUELLER.
AND I'M IN FAVOR AS WELL, COMMISSIONER FRYBERG.
SO THAT BOAT CARRIES, AND WE'LL SEND THE ORDER OUT TO THE OWNERS OF THAT PROPERTY.
SO WE'RE JUST GOING TO TAKE A COUPLE MORE MINUTES, UM, UNTIL WE ARE ABLE TO PULL UP THE OTHER EVIDENCE.
YOU WERE, SO THIS WAS GONNA BE A FIXED AMOUNT FOR THE 45 DAYS, SO THERE WOULDN'T BE ANY PER ANUM INTEREST ADDED, IT'S JUST A FIXED AMOUNT.
NO, THERE, THERE WOULD BE, I AND I DID READ THAT AFTER THE FIXED AMOUNT, AFTER THE ONE TIME FINE.
WHICH WAS TIED TO THE, THAT AMOUNT.
THEY'VE JUST SENT THIS EMAIL, BUT IT MAY TAKE A LITTLE WHILE AND THEN I'LL HAVE TO PUT IT ON FLASH DRIVE AND MAKE SURE THAT IT GETS PUT INTO THE, ONTO THE SCREEN.
DO YOU WANT ME TO MOVE ON TO THE NEXT ITEM? LET'S, LET'S MOVE ON.
THE NEXT ITEM, IT IT, THEY WOULD HAVE TO SHOW IT ON TO THE PEOPLE THAT ARE ATTENDING VIRTUALLY AS WELL.
UM, WELL, IF THE OWNERS ARE WILLING TO WAIT, UM, I THINK THE NEXT ITEM IS GOING TO TAKE A WHILE.
UM, YEAH, WHAT TIME IS IT? OH, IT'S NOT OKAY, LET'S DO IT.
WE'LL MOVE ON TO THE NEXT AGENDA ITEM AND THEN WE'LL COME BACK TO THE STONEGATE IT.
[6. Case Number: CL 2022-135572 and CL 2022-135575]
ITEM NUMBER SIX ON THE AGENDAS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY.CURRENTLY IN THE REPEAT OFFENDER PROGRAM, ALSO KNOWN AS ROSEMONT AT OAK VALLEY AND LOCALLY KNOWN AS 28 0 1 PLEASANT VALLEY ROAD.
THIS PROPERTY CONSISTS OF ONE VERY LARGE PARCEL CONTAINING BOTH APARTMENTS AND DUPLEXES.
TONIGHT YOU'LL BE ADDRESSING TWO DUPLEX UNITS.
CASE NUMBER 20 22 1 3 5 5 72 IS REGARDING 26 0 2 COLLINS CREEK DRIVE, UNIT A AND CASE NUMBER 20 22 1 3 55 75 IS REGARDING 28 0 8 SOUTH PLEASANT VALLEY ROAD, UNIT B.
THE EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR BOTH CASES CAN BE FOUND IN THE BLUE GRAY BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.
THIS COMMERCIAL MULTIFAMILY PROPERTY IS PART OF THE REPEAT OFFENDER, REPEAT OFFENDER PROGRAM, AND CONSISTS OF 89 BUILDINGS IN 278 UNITS.
OVERALL, THE TWO CASES WERE OPENED IN MAY, 2022 AS A RESULT OF A PERIODIC INS AS A RESULT OF PERIODIC INSPECTIONS.
BOTH UNITS ARE CURRENTLY OCCUPIED WITH SUBSTANDARD LIVING AND STRUCTURAL CONDITIONS.
NO PERMITS HAVE BEEN OBTAINED FOR THE REPAIRS MADE TO DATE.
BOTH OF THESE SUBSTANDARD STRUCTURES REQUIRE REPAIR IN YOUR READERS OR GOOGLE DRIVE
[02:40:01]
FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND THREE, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES.COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND RELATED POSTINGS, AS WELL AS A STRUCTURAL MAP OF THE PROPERTY EXHIBITS TWO A THROUGH TWO L AND FOUR A THROUGH FOUR F, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS, AS WELL AS CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR JASON ORTIZ IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR ORTIZ, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, CHAIR AND COMMISSION.
MY NAME IS JASON ORTIZ AND I AM THE CODE INSPECTOR ASSIGNED TO THESE CASES.
THE CASES I AM PRESENTING TODAY WERE INTERIOR INSPECTIONS PERFORMED AT 26 0 2 COLLINS STREET AND 28 0 8 PLEASANT VALLEY DRIVE.
THIS PROPERTY IS CURRENTLY REGISTERED, UH, IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN SINCE MARCH OF 2022.
UM, I STATED PREVIOUSLY THESE CASES STEM FROM A RO P PERIODIC INSPECTION CONDUCTED IN MAY OF 2022.
AND THE REPAIRS FROM THE PLEASANT VALLEY CASE HAVE BEEN PENDING SINCE THE WINTER STORM OF LAST YEAR.
WHILE CONDUCTING THESE INSPECTIONS IN THE UNITS, WE FOUND A LARGE PORTION OF THE UNITS MISSING SHEETROCK WALLBOARD, ALONG WITH OTHER SUBSTANDARD VIOLATIONS PRESENT.
UH, NOTICE A VIOLATION WAS SENT TO THE OWNER, REGISTERED AGENT ON FILE FOR BOTH CASES AND CASES ARE BEING BROUGHT FORTH DUE TO THE SEVERITY OF DAMAGE AND THE POOR LIVING CONDITIONS FOR THE TENANTS.
IT'S JUST A CONTEXTUAL SIGN OF THE, UH, A SIGN IDENTIFYING THE, THE PROPERTY AND THE UNITS IN QUESTION.
NEXT SLIDE TWO B IS JUST A CONTEXTUAL PHOTO OF THE BUILDING IN QUESTION.
NEXT SLIDE TWO C IS THIS IDENTIFYING THE ADDRESS? NEXT SLIDE.
THIS PHOTO HERE IS SHOWING THE MISSING TRIM AROUND THE, UH, ISLAND AND THE KITCHEN.
THIS IS DAMAGE TO THE SHEETROCK ISLAND.
UH, YOU CAN SEE THE CORNERS DAMAGE AND, UH, ALSO OTHER DAMAGE ON THE WALL THERE.
SLIDES TWO F THROUGH TWO J ARE ALL, UH, DEPICTING THE FLOORING THAT IS DAMAGED AND NOT REPAIRED.
NEXT PHOTO PHOTOS, K AND L ARE THE SHOWING CRACKED, UH, SHEETROCK IN, UH, SEPARATE BEDROOMS. UH, THIS ONE IS SHOWING THE DE UH, UP CLOSE DETAIL OF THAT.
NEXT BUILDING WILL BE 28 0 8 PLEASANT VALLEY DRIVE.
THESE OTHER REPAIRS FROM, UH, THE WINTER STORM OF LAST YEAR.
FOUR, A JUST CONTEXTUAL PHOTO OF THE BUILDING.
NEXT SLIDE, FOUR B, JUST IDENTIFYING THE ADDRESS.
NEXT SLIDE, IDENTIFYING THE UNIT IN QUESTION.
NEXT SLIDE FOUR D IS SHOWING, UH, THE ISLAND AND THE KITCHEN THAT IT'S MISSING.
CHIRO, UH, HAD THE PLASTIC INSTALLED OVER THE TOP OF IT.
NEXT SLIDE FOUR E IS SHOWING, UH, THE RESTROOM OF THE ONE OF THE BEDROOMS HERE AND SHOWING THE MISSING CHI ROCK ON THE CEILING AND WALLS ALSO.
UH, IT'S HARD TO SEE, BUT IN THE BACK WALL THERE, THE BIG DARK SQUARE IS ALSO A MISSING SECTION OF SHEETROCK, UH, IN ONE OF THE BEDROOMS. UH, THOSE PHOTOS CONCLUDE, UH, MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH FOUR F CONSISTING OF EXHIBITS ONE AND THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLU CONCLUSIONS OF LAW, AND OTHER SIMILAR DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO L AND FOUR A THROUGH FOUR F.
[02:45:01]
ALSO CHAIR, BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE ONE REQUEST.PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING SEPARATE ORDERS IN BOTH OF THESE CASES.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND IN BOTH CASES, ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 30 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR, ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $2,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL ADMIT EXHIBITS, UM, ONE AND THREE AND ALSO THE PHOTOGRAPHS INCLUDED IN THOSE EXHIBITS.
UM, PHOTOGRAPHS TWO A THROUGH TWO L AND FOUR A THROUGH FOUR F AS WELL, UM, UNDER EXHIBIT FOUR.
UM, WE HAVE THE OWNERS REPRESENTATIVES HERE, IS THAT CORRECT? YES.
MR. LAMBERT AND WHO ELSE? MY NAME IS KEITH OFF POWER.
I'M THE ASSET MANAGER FOR STRATEGIC HOUSING FINANCE CORPORATION.
AND MR. LAMBER IS OUR THIRD PARTY INDEPENDENT CONSTRUCTION OVERSIGHT INSPECTOR THAT WE HAVE BROUGHT ON BOARD, UH, STARTING THREE WEEKS AGO.
MAKE SURE TO SPEAK INTO THE MIC SO THAT EVERYBODY CAN HEAR YOU.
UM, YES, WE HAVE FIVE MINUTES FOR YOUR PRESENTATION TODAY, SO IF YOU CAN MAKE SURE TO TELL US WHAT, UM, YOU WOULD LIKE FOR THE COMMISSION TO CONSIDER.
UM, YEAH, MY, MY BACKGROUND IS IN, UM, MULTIFAMILY AND RESIDENTIAL REHABS, UH, EXTENSIVE REHABS, UM, WHICH IS WHY I WAS KIND OF BROUGHT ON BOARD HERE.
BUT, UM, I, I SUBMITTED, UM, UH, A FEW ITEMS THAT I'D LIKE TO, TO GET YOU GUYS TO LOOK AT JUST REAL QUICK.
UM, CAUSE I KNOW THERE'S A PERCEPTION OUT THERE THAT, UM, THE OWNERS AND THE THE MANAGEMENT COMPANY ARE, ARE KIND OF, UM, NOT CARING OR, YOU KNOW, I KNOW THAT'S OUT THERE.
SO THE REASON, ONE OF THE BIGGEST REASONS, UM, FOR THE PERCEIVED INACTION THERE, THERE'S, THERE'S STUFF BEING FIXED AND THERE'S STUFF GOING ON.
UM, IT, IT'S, IT'S, UM, IT'S MULTIFACETED.
UH, FIRST OF ALL, THERE'S, THERE'S THE INSURANCE ISSUE WHICH, UH, YOU KNOW, THE PREVIOUS GUYS WERE MENTIONING AS WELL, BUT WE'RE, WE'RE HAVING THE SIM SIMILAR PROBLEMS. UM, WE'VE SPENT, UH, YOU KNOW, OF OUR, OF OUR, UM, OUR OWN MONEY, WELL, WE FILED A CLAIM, UM, WE FOUGHT A CLAIM FOR, UH, OVER $5 MILLION.
UM, WHICH OF, OF THAT WE'VE RECEIVED, UM, ABOUT 1.9.
AND, UH, IN ADDITION TO THAT, WE'VE SPENT, UM, UM, YEAH, ACTUALLY IT'S LIKE 8.9 MILLION IS WHAT I CAME UP WITH, UH, INCLUDING, UH, THAT INCLUDES, UH, RESIDENT RELOCATION COST, UM, YOU KNOW, TESTS FOR, UM, MOLD AND THAT KIND OF THING.
AND, AND, AND YES, UH, YOU KNOW, MAYBE THE COMMUNICATION ISN'T SO GREAT WHETHER YOU KNOW THE RESIDENTS, BUT, UM, YOU KNOW, THEY ARE PUTTING FORTH EFFORT AS FAR AS IS CHANGE, LIKE THE, THE WHOLE OFFICE STAFF HAS CHANGED, AND I KNOW THAT'S NOT THE RESIDENT'S FAULT.
UM, UH, YOU KNOW, UPPER MANAGEMENT AND STRATEGIC HOUSING HAS CHANGED.
UM, THE, THE CAPSTONE MANAGEMENT HAS CHANGED.
UM, AND SO THEY'RE BRINGING ME ON BOARD TO TRY TO, UM, FOCUS IN BECAUSE I'LL BE, YOU KNOW, BOOTS ON GROUND EVERY DAY DOING QUALITY CONTROL.
UM, AND, AND, AND YES, THERE THERE'S ISSUES THAT THINGS HAVE BEEN DONE THAT AREN'T, UM, UP TO PAR THAT, THAT WE WANT TO FIX AND, AND GET DONE.
SO THAT'S, UM, BUT, BUT THE MONEY, THE LACK OF MONEY ISSUE IS, IS THERE.
SO, UM, UH, AGAIN, MY NAME IS KEITH HOFF POWER.
I'M MANAGER FOR, UH, ASSET MANAGER FOR THE OWNER.
UM, AND, UH, TO KIND OF PIGGYBACK ONTO WHAT BOBBY IS TALKING ABOUT, UM, WE HAVE OVER EIGHT POINT SOMETHING MILLION, UH, THAT HAS BEEN PUT INTO THIS PROPERTY SINCE WORK BEGAN.
UH, THAT MONEY HAS ALL BUT, UH, ABOUT 1.9 HAS COME STRAIGHT OUT OF STRATEGICS POCKET BASED ON
[02:50:01]
THE REST OF OUR PORTFOLIOS, UH, CASH FLOW PERFORMANCE.UH, OTHERWISE WE WOULDN'T HAVE ANY MONEY TO PUT INTO THIS PROPERTY, UH, WITH THE EXCEPTION OF THE 1.9 MILLION THAT WE'VE RECEIVED TO DATE FROM THE INSURANCE COMPANY.
AND THAT'S BEEN OUT, THEY'VE HAD OVER A YEAR TO MAKE ADDITIONAL PAYMENTS TO US.
UH, AND THEY HAVE NOT EXCEEDED THAT AMOUNT.
UM, WE ARE MOVING THROUGH THESE UNITS, UH, AS WE HAVE BROUGHT BOBBY ON BOARD.
WE HAVE WALKED THROUGH, UM, WE ARE WALKING THROUGH ALL OF THE UNITS.
UH, WE HAVE SEVERAL UNITS, APPROXIMATELY 30 THAT DID NOT HAVE, UH, DO NOT HAVE TENANTS LIVING IN THEM.
UH, WE HAVE HOPE TO HAVE THOSE KNOCKED OUT, UH, QUICKLY AS WELL AS WE FOUND ADDITIONAL UNITS WHERE PEOPLE HAD CHOSEN TO LIVE IN PLACE WHILE REPAIRS WERE ONGOING, UH, THAT WERE NOT REPAIRED IN THE WAY THAT THEY WERE SUPPOSED TO.
UH, WE ARE ALREADY GOING BACK INTO OUR RECORDS TO FIND OUT WHO THE CONTRACTOR WAS THAT DID EACH ONE OF THOSE UNITS AND HAVE THEM COME IN AND COMPLETE THE REPAIRS ACCORDING TO THE SCOPE THAT WE PROVIDED TO THEM.
UM, ONE OF THE, UH, OTHER THINGS THAT I WOULD, UH, I WOULD SHARE WITH YOU IS, NUMBER ONE, WE COMPLETELY UNDERSTAND YOUR RECOMMENDATION WITH REGARD TO THESE TWO UNITS WE HAVE NO PROBLEM WITH.
WE FEEL THAT WE CAN ADDRESS IT WITHOUT ANY CONCERNS AND, AND WE GLADLY ACCEPT THAT.
UM, WE ARE ALSO, UH, WORKING WITH THE DEVELOPMENT SERVICES DIVISION, UH, WITH REGARD TO, UH, GETTING PERMITS ON THE REST OF THE UNITS THAT NEED TO BE DONE.
WE WERE UNDER AN AGREEMENT WITH THE DEVELOPMENT SERVICES DIVISION, UH, THAT A THIRD PARTY INSPECTOR, UH, CODE INSPECTOR WOULD BE DOING INSPECTIONS FOR THEM, UM, ON BEHALF OF THE CITY.
AND THEY HAVE BEEN DOING THAT, PROVIDING THE WRITEUPS TO, UM, UH, TO MANAGEMENT AND TO THE CITY.
UH, BUT UH, AFTER GOING BACK AND CHECKING ON SOME OF THE DOCUMENTATION, UH, WE, IT WAS POINTED OUT TO US AT THAT PROCESS COM COMPLETED AT THE END OF MAY OF THIS YEAR.
I'LL BE BRIEF, UH, AT THE, AT THE END OF THIS YEAR.
SO WE ARE GOING BACK NOW AND WE WILL BE PULLING PERMITS ON ALL OF THE UNITS PRIOR TO ANY WORK GOING FORWARD, UH, THAT WAY THAT, THAT WE'VE GOT THAT COVERED AND ANYONE CAN COME IN AND INSPECT AT ANY TIME THEY WISH TO.
UM, THE, UM, CIRCUMSTANCES ON THIS PROPERTY HAVE BEEN DIFFICULT.
UH, WE HAVE BEEN IN INUNDATED WITH A LARGE NUMBER OF CODE VIOLATIONS, UH, MORE THAN I'VE EVER SEEN ON, ON A MULTIFAMILY PROPERTY THAT'S TRYING TO PUT ITSELF BACK TOGETHER.
UH, AND THAT HAS TAKEN UP A SIGNIFICANT AMOUNT OF TIME AND IS GOING TO TAKE UP A SIGNIFICANT AMOUNT OF MONEY, UH, WITHOUT THE INSURANCE MONEY.
WE HAVE A VERY LIMITED SUPPLY OF FUNDS AVAILABLE AT THIS TIME.
AND WE DO NOT ANTICIPATE ANOTHER HUGE SUM COMING IN.
SO EITHER OUR EFFORTS CAN BE FOCUSED ON THE INSIDES OF THE UNITS ARE WE WILL BE SPENDING MONEY THAT SHOULD BE GOING TO THE INSIDES OF THE UNITS ON EXTERNAL REPAIRS THAT WE HAD ORIGINALLY HOPED TO GO BACK TO, UH, THE TEXAS DEPARTMENT HOUSING AND COMMUNITY AFFAIRS AND GET FUNDING FOR TO REHAB THE ENTIRE PROPERTY.
YOUR TIME IS UP, SO MAKE SURE YOU MAKE THE MOST IMPORTANT POINT.
WELL, THE MOST, I'LL LET HIM COMPLETE.
UM, 26 0 2 HAS FOUNDATIONAL ISSUES, PRETTY SERIOUS.
UM, SO WE WOULD REQUEST 90 DAYS, UM, ON THAT, UH, IN ORDER TO, TO GET THAT EVALUATED AND LOOKED AT BEFORE WE CAN ADDRESS SOME OF THE INTERIOR ISSUES THAT CODY MENTIONED.
THANK YOU, MR. LAMBERT AND MR. HOF POWER? YES, MA'AM.
UM, I THINK WE HAVE OTHER PEOPLE HERE TODAY ON THE SAME PROPERTY, AND, UM, WE SHOULD HEAR FROM EVERYONE FIRST BEFORE WE START DISCUSSING, YOU KNOW, UH, AND ASKING MORE QUESTIONS, UM, TO THE OWNERS.
SO, MS. UH, PATRICIA HOWARD, ARE YOU HERE? PATRICK HOWARD.
AND, UH, ARE YOU HERE TO SPEAK REGARDING THIS PROPERTY? UM, YES, PLEASE.
[02:55:02]
UH, OKAY.THANK YOU FOR THIS OPPORTUNITY.
UM, I JUST WANNA UNDERSCORE SOME POINTS THAT WERE MADE AND, UH, WE WANNA REASSURE YOU THAT OUR COMMITMENT TO, UH, SEEING THIS PROPERTY, UH, BROUGHT BACK TO, UH, UH, ACCEPTABLE FORM IS, IS PARAMOUNT.
I'M SPEAKING FOR THE BOARD OF COMMISSIONERS OF THE STRATEGIC HOUSING FINANCE CORPORATION.
I'M THE EXECUTIVE VICE PRESIDENT, SO I SERVE THERE EVERY DAY IN THAT CAPACITY.
UM, WE HAVE SUFFERED SOME CHALLENGES WITH RESPECT TO INSURANCE, UM, AND IT HAS BEEN SOMEWHAT OF AN IMPEDIMENT, HOWEVER, WE'RE BE, DESPITE THAT FACT, WE'VE UTILIZED OTHER FUNDS AS BEEN STATED TO ADDRESS THOSE ISSUES.
AS YOU CAN IMAGINE, UH, THE STORM IMPACTED SEVERAL OF US.
I THINK OUR LIVES WON'T EVER BE THE SAME, REGARDLESS OF WHETHER YOU LIVED IN MULTIFAMILY OR YOU IN A HOME.
UM, THINGS LIKE THESE, THINGS LIKE THIS HAPPENED AND IT DID HAPPEN HERE IN AUSTIN.
AND WE ARE ALL STILL FEELING EFFECTS OF THAT.
WE'VE NOT SLOWED DOWN IN ANY WAY WITH LOOKING, TRYING TO ADDRESS THE CHALLENGES RELATED TO THIS.
WE'VE RELOCATED RESIDENTS, RELOCATED THEM BACK IN THE QUESTION AND REMAINS ABOUT THE QUALITY OF CONSTRUCTION, BUT NO ONE CAN QUESTION THAT WE'VE MADE EFFORTS TO TRY TO ADDRESS THE ISSUE.
SO IT'S, IT'S MORE OF AN ISSUE OF, WELL, THE WORK NEEDS TO BE DONE, NEED TO BE DONE IN A BETTER FASHION, AND NO ONE WILL ARGUE WITH THAT, THOSE POINTS.
AND, UH, WE ARE COMMITTED TO MAKING THAT HAPPEN.
UM, WE ARE IN THE PROCESS OF FIGURING OUT HOW WE WILL MOVE FORWARD WITH THE LONG TERM REPOSITIONING OF THE PROPERTY, WHICH MAY MEAN, UH, DISPOSITION OF THE PROPERTY IF WE CAN'T MANAGE IT PROPERLY BECAUSE THE COST ASSOCIATED WITH A 20 YEAR OLD PROPERTY THAT SUFFERS EVERYTHING, THAT EVERY OTHER PROPERTY THAT'S 20 YEAR OLDS, 20 YEARS OLD, SUFFERS, SETTLING ALL THE OTHER REPAIRS THAT YOU'RE TALKING ABOUT IS SUBSTANTIAL AND WOULD NEED A SIGNIFICANT NUMBER, AMOUNT OF INVESTMENT IN ORDER TO BRING IT UP TO, TO PAR TO SEE ITS SUSTAIN OVER THE PERIOD OF THE NEXT 20 YEARS.
WE OBVIOUSLY WANNA KEEP IT AFFORDABLE.
A HOUSING, AFFORDABLE HOUSING IS QUITE A BIG ISSUE IN THE CITY OF AUSTIN.
I SERVING IN CAPACITY OF A BOARD HERE IN AUSTIN AS WELL AS YOU ALL DO.
AND WE UNDERSTAND WHAT AFFORDABLE HOUSING IS IMPORTANT IN PARAMOUNT, AND SO WE ARE COMMITTED TO THAT.
AGAIN, WE ARE LOOKING AT OTHER OPTIONS RELATED TO THE PROPERTY LONG TERM, QUITE FRANKLY, BECAUSE WE ARE PROBABLY ABOVE OUR CAPACITY IN SOME CASES TO BE ABLE TO MEET, REALLY ABLE TO MANAGE OR REPOSITION THE PROPERTY LONG TERM.
SO WANT YOU ALL TO KNOW THAT, BUT OUR COMMITMENT IS TO TAKING CARE OF THESE ISSUES AND TRYING TO MOVE FORWARD.
IF YOU HAVE AN EMME, I'LL BE HERE.
UM, BUT THANK YOU FOR GIVING THE OPPORTUNITY TO SPEAK.
THANK YOU FOR THAT, UM, INPUT.
AND WE ALSO HAVE MISS KAFER, YOU'RE NOT GOING TO SPEAK.
UM, WE HAVE A MISS GABBY THAT'S HERE AND YOU'RE WITH BUS.
UM, OKAY, WE NEED TO GO TO THE PODIUM, BUT WE STILL HAVE QUESTIONS FOR EVERYONE.
IT WAS EVENING, BUT NOW IT'S NIGHT.
I'M A TENANT ORGANIZER WITH BOA, AND I'VE BEEN WORKING WITH THE NEIGHBORS AT ROSEMONT TENANTS ASSOCIATION FOR OVER A YEAR.
UM, THE NEIGHBORS AT ROSEMONT AND BOSTON WERE HERE EARLIER THIS SUMMER WHEN THIS COMMISSION VOTED TO IMPLEMENT FINES FOR OUTSTANDING CODE VIOLATIONS IN FIVE UNITS.
TENANTS WERE VERY HAPPY WITH THIS DECISION, AND THEY HOPE THAT THE THREAT OF STEEP FINES WOULD BE AN IMPETUS FOR ROSEMONT TO TAKE REPAIR ISSUES MORE SERIOUSLY.
SADLY, THIS HAS NOT BEEN THE CASE, AND THOSE CODE VIOLATIONS CONTINUE TO ACCRUE FINES WHILE THE WORK REMAINS UNDONE.
YOU ALL KNOW THAT ROSEMONT'S ON THE DOCKET, AGAIN, FOR TWO ADDITIONAL CASES.
UM, I WAS ONLY ABLE TO SPEAK WITH ONE OF THOSE TENANTS, MARY
UM, SHE HAS A, A ADULT DAUGHTER WITH A DISABILITY AND IT'S HARD FOR HER TO BRING HER TO THESE TYPES OF MEETINGS, BUT SHE DID ALLOW ME TO TAKE PICTURES.
UM, THERE HAS NOT BEEN ANY WORK DONE AT ALL TO HER UNIT.
UM, AND REALLY SHE DOESN'T THINK THAT EVEN COMING HERE IS GONNA BE HELPFUL BECAUSE SHE DOESN'T BELIEVE MANAGEMENT'S GONNA FIX ANYTHING.
SHE DID TELL ME THAT HER UPSTAIRS NEIGHBOR PART OF THE ROOF COLLAPSED AND IT ALMOST HEARD THE CHILDREN THAT WERE LIVING THERE.
[03:00:01]
I DON'T EVEN KNOW IF THAT'S ON CODE'S RADAR YET.UM, MARY'S HOME IS JUST AN EXAMPLE OF ONE OF THE CONDITIONS AT ROSEMONT.
WE'VE SAID HERE BEFORE, THE MAJORITY OF THE UNITS AT ROSEMONT HAVE BEEN NEGLECTED FOR YEARS.
UM, MANAGEMENT AND THE OWNERS ARE GONNA STAND UP HERE AND TELL YOU THAT THIS IS ALL UNFORTUNATE FROM THE WINTER STORM.
VERY FEW OF THOSE APARTMENTS WERE DAMAGED BY THE WINTER STORM, AND THAT IS WHY INSURANCE WILL NOT COVER THOSE DAMAGES.
UM, AND WE KNOW THAT THE THIS IS EXISTS, THAT ALL OF THESE PROBLEMS EXIST IN MORE THAN JUST A FEW UNITS BECAUSE FOR THE PAST MONTH AND A HALF, THE TENANTS ASSOCIATION HAS BEEN DOOR KNOCKING, AND EVERY SINGLE PERSON WHO ANSWERED THE DOOR FILLED OUT A WRITTEN REPAIR REQUEST WITH MULTIPLE ISSUES, AND THEY WERE NOT RELATED TO THE STORM.
THEY'RE JUST NEGLECT FOR YEARS AND YEARS.
THIS YEAR ALONE, A HUNDRED WRITTEN REPAIR REQUESTS HAVE BEEN SUBMITTED BY TENANTS DOCUMENTING OVER 400, UM, REPAIR ISSUES.
UM, AND IT'S SHAMEFUL THAT TENANTS HAVE TO ADVOCATE SO MUCH AND SO OFTEN JUST FOR THE BARE MINIMUM, JUST FOR A SAFE HOME, FOR A HEALTHY HOME.
BUT EVERY DAY THEY'RE FORCED TO PUT UP WITH UNCERTAINTY OR, OR, OR WITH THIS UNHEALTHY CONDITIONS BECAUSE CONTRARY TO WHAT THEY SAY, THEY, THEY DON'T CARE.
I DIDN'T HEAR A SINGLE ONE OF THEM TAKE RESPONSIBILITY FOR, I MEAN, IT'S NOT THE TENANT'S FAULT THAT THEY WEREN'T MONITORING THE CONSTRUCTION.
IT'S NOT THE TENANT'S FAULT THAT, YOU KNOW, THEY FABRICATED THESE INSURANCE CLAIMS. NONE OF THAT IS THE TENANT'S FAULT.
THE TENANTS ARE PAYING RENT TO PAY TO LIVE IN THESE CONDITIONS.
UM, AND I KNOW THAT THEY'RE GONNA ASK YOU FOR A MORE TIME.
THEY'RE GONNA ASK FOR EXTENSIONS.
THEY'RE, EACH TIME THEY COME, THEY'RE WORKING AS HARD AS THEY CAN AND AS FAST AS THEY CAN, AND ACCORDING TO THEM, WORK IS GETTING DONE, UM, AT BOARD MEETINGS, THEY BLAME TENANTS FOR CLOGGING UP THEIR SYSTEMS FOR FILLING OUT WRITTEN REPAIR REQUESTS, WHICH IS WHAT TENANTS SHOULD DO TO PROTECT THEMSELVES.
UM, BUT ALL OF THESE ARE JUST EXCUSES.
ALL I HEARD FROM EVERY SINGLE ONE OF THEM WAS AN EXCUSE.
UM, AND LAST TIME THEY, TO YOU ALL, THEY SAID, THESE TENANTS BAA, THEY'RE FABRICATING THE, THESE CLAIMS. WHY AREN'T THE TENANTS WHO LIVE HERE SPEAKING INSTEAD? WELL, WE HAVE PICTURES FROM THOSE TENANTS.
WE HAVE THE PAPER TRAIL THAT THEY WERE NOT ABLE TO PROVIDE YOU.
UM, AND WE CAN TELL YOU THAT MONTHS AND MONTHS GO BY WITH NOTHING HAPPENING.
AND THEY'RE GONNA TRY TO PAINT THIS PICTURE OF THIS ALTERNATE REALITY AND ALL OF THESE THINGS THAT ARE OUT OF THEIR CONTROL.
BUT, YOU KNOW, THEY'RE RUNNING A BUSINESS, THEY'RE NOT DOING IT WELL, AND THE TENANTS ARE SUFFERING FOR THIS.
UM, THEY EVEN LIED TO THEIR OWN BOARD OF DIRECTORS AT ONE OF THE BOARD MEETINGS SAYING THAT THE PERMITTING ISSUE THAT CAME UP LAST TIME, THEY SAID, OH, BOARD, IT'S JUST A MISUNDERSTANDING BETWEEN THE CODE DEPARTMENT AND THE DEVELOPMENT SERVICES DEPARTMENT.
THEY SAID THIS TO THEIR BOARD, AND NOW HERE THEY HEAR, THEY'RE HERE SAYING THAT, OH, WE MADE A MISTAKE.
RIGHT? THOSE, THOSE, UM, THIRD PARTY INSPECTORS, YOU STOPPED ACCEPTING THEM IN ME.
SO, UM, ROSEMONT AND THEIR MANAGEMENT ARE NOT GOOD ACTORS.
YOU ALL KNOW THEY'RE ON THE RO P LIST.
THEY RECENTLY HAVE THEIR LICENSE TO AND RENT TO RENT OUT EMPTY UNITS SUSPENDED.
THEY ARE NOT TAKING CORRECTIVE ACTION AND THEY SHOULDN'T BE GIVEN MORE CHANCES WHEN FAMILIES ARE SUFFERING.
UM, WHATEVER THEY SAY, WE URGE YOU NOT TO GRANT ROSEMONT MORE TIME AND TO CONTINUE FINDING THEM THE MAXIMUM AMOUNT ALLOWED SO THAT THEY REALIZE THAT CODE THIS COMMISSION AND THE CITY OF AUSTIN IS NOT GOING TO STAND FOR THIS.
WE WILL TAKE ALL THOSE, UM, COMMENTS INTO CONSIDERATION AND IF YOU WANTED TO PASS AROUND THE PHOTOGRAPHS, YOU'RE WELCOME TO HAND THEM TO STAFF.
UM, WE'LL GO BACK TO ENTERTAIN ANY QUESTIONS TO THE OWNERS OR ALSO TO INSPECTOR ORTIZ? FIRST OF ALL, UM, I WOULD LIKE TO ADMIT THE OWNER'S EXHIBITS, BUT I'M NOT SURE THAT I HAVE THE EXHIBITS FOR THE PROPERTY AT 26 0 2 CALLING CREEK DRIVE.
THEY'RE LABELED OWNERS EXHIBITS.
THEY SHOULD BE ARE THEY TOGETHER? AND YOUR READER? THEY'RE IN YOUR READER.
AND THEN WE'VE GOT A COPY OKAY.
AND THAT'S TO GOOGLE DRAFT FOLDER.
I'LL GO AHEAD AND ADMIT THE OWNERS, UH, THE PROPERTY OWNERS' EXHIBITS.
AND CHAIR, DID WE ADMIT THE OTHER EXHIBITS? UM, I THOUGHT I DID, BUT I'LL YOU MAY.
ADMIT STAFF'S EXHIBITS AS WELL.
UM, EXHIBIT ONE AND THREE AS WELL AS EXHIBITS.
[03:05:01]
THROUGH TWO OUT AND FOUR A THROUGH FOUR F.PROPERTY OWNERS EXHIBITS ONE, TWO, AND THREE ARE ALSO ADMITTED.
UM, COMMISSIONERS, DO YOU HAVE QUESTIONS, UH, FOR THE OWNERS OR FOR INSPECTOR ORTIZ OR STAFF? WELL,
SO, UM, I THINK THE MAIN QUESTION THAT I HAVE IS, UH, BEING THAT YOU SUBMITTED SOME EXHIBITS, UM, I'M NOT REALLY SEEING A LOT IN THE EXHIBITS.
I DO SEE YOU, UM, BREAKING DOWN THE AMOUNTS OF MONEY TO BE EXPENDED AND THEN ALSO ASSIGNING SOME AMOUNTS THAT YOU SAID HAVE NOT YET BEEN POSTED.
CAN YOU EXPLAIN WHAT THAT MEANS? CERTAINLY PAYMENT, NOT PROCESS, I MEAN, YES.
UM, THE WAY WE ARE CONSERVING THE FUNDS THAT WE HAVE AVAILABLE IS TO PAY THE CONTRACTORS A PORTION OF THEIR, UH, CONTACT OF THEIR CONTRACT FOR PARTICULAR BACK WAY ASSIGNED UNITS AND BATCHES.
AND EACH BATCH HAS A CONTRACT PRICE, AND WE PAY A PORTION OF THEIR TOTAL FEE UP FRONT TO THEM SO THAT THEY CAN BEGIN WORK.
AND THEN THERE IS ANOTHER PERCENTAGE THAT WE PAY TO THEM ON THE BACK END WHEN THEY COMPLETE WORK.
AND THE CONTRACTORS THAT WE DO HAVE, UH, THAT WE HAVE ON SITE, AND WE HAVE TWO OF THEM, UH, THE REMAINDER OF THEIR BILL OUTSIDE OF THAT AMOUNT, THEY HAVE BEEN HOLDING IN THE WINGS FOR US UNTIL WE RECEIVE INSURANCE PAYMENTS OF SUFFICIENT SIZE AND AMOUNT TO BE ABLE TO PAY THEM.
UH, IF WE DON'T RECEIVE ANY MORE INSURANCE, UH, PROCEEDS, THEN WE WILL EITHER HAVE TO PAY, UH, WHAT WE CAN OUT OF POCKET AND HOPEFULLY SETTLE WITH THEM.
OR WE MAY HAVE TO TAKE A VERY DIFFERENT TURN WITH REGARD TO THE POS DISPOSITION OF THE PROPERTY, WHICH WE WOULD RATHER NOT DO BECAUSE THAT COULD IMPACT THE AFFORDABILITY OF THE PROPERTY.
UM, DO WE HAVE ANY OTHER COMMENTS OR QUESTIONS? I DO HAVE A FOLLOW UP ONE
SO THE OWNER, UH, MR. HOWARD CAME FORWARD AND, UH, MENTIONED POSSIBILITY OF, UH, TEARING DOWN.
SO ARE YOU AWARE OF THAT OR WHAT IS THE TIMEFRAME THAT YOU WOULD, UM, CONSIDER BEFORE YOU GIVE UP ON THE INSURANCE CLAIMS THAT ARE PENDING, WHICH ARE OVER 7.5 MILLION? I THINK? YES, MA'AM.
UH, THE TIMEFRAME THAT WE ARE LOOKING AT IS A RELATIVELY SHORT TIMEFRAME.
UH, WE DID HAVE A DISCUSSION WITH THE INSURANCE COMPANY LAST WEEK, I BELIEVE, AND, UH, THEY MADE US A ONE TIME SETTLEMENT OFFER, WHICH IS SIGNIFICANTLY BELOW THAT.
UH, WHAT WE BELIEVE OUR DOCUMENTATION, UH, WILL PRO SUPPORTS.
AND WE HAVE A, UH, THIRD PARTY ADJUSTER THAT HAS THAT BACKUP DOCUMENTATION, UH, AND MAINTAINS IT, UH, IN REAL TIME IN CONCERT WITH THE INSURANCE COMPANY.
UH, AS FAR AS TEARING DOWN THE PROPERTY ITSELF, UH, THAT'S NOT SOMETHING THAT, THAT WE HAVE ANY INTEREST IN DOING, UH, IN ANY SHAPE, FORM, OR FASHION.
UH, WE DO, UH, WE ARE RUNNING OUT OF OPTIONS WITH REGARD TO WHAT OUR OPTIONS ARE WITH THE PROPERTY.
UH, DEPENDING ON WHAT WE ARE ABLE TO, UH, WORK OUT OR NOT WORK OUT WITH THE INSURANCE COMPANY, UH, IT'S POSSIBLE THAT WE COULD SELL THE PROPERTY, UH, IF WE FOUND A BUYER THAT COULD, UH, MAKE THAT SALE FEASIBLE FOR US.
UH, WORST CASE, WE LET IT GO BACK TO THE LENDER.
AND AT THAT POINT, IF IT GOES BACK TO THE LENDER INTO FORECLOSURE, ALL THE AFFORDABILITY REQUIREMENTS DISAPPEAR.
AND WHOEVER BUYS THAT PROPERTY AFTER THAT CAN CREATE FULL MARKET UNITS OUT OF IT.
AND ALL 280, 50% AND BELOW UNITS THAT ARE THERE NOW WILL
[03:10:01]
NOT BE THERE GOING FORWARD IN THE FUTURE.WE ARE, WE ARE WORKING AS HARD AS WE CAN.
I WILL SPEAK TO, UH, AND WE DO CARE ABOUT THESE UNITS AND THAT'S WHY WE HAVE SPENT SO MUCH OF OUR OWN MONEY OUT OF OUR OWN POCKET TO KEEP THINGS MOVING REGARDLESS OF WHETHER WE'RE GETTING REIMBURSED OR NOT.
IF WE DIDN'T CARE, WE WOULDN'T HAVE DONE THAT.
WE WOULDN'T HAVE DONE WHAT A LOT OF MULTI-FAMILY OWNERS HAVE DONE, AND THAT IS NOT PAY A DIME UNTIL THE INSURANCE MONEY IS RECEIVED AND THEN BEGIN WORK.
UM, I DID HAVE A, ANOTHER QUESTION.
YOU MAY OR MAY NOT KNOW THE ANSWER TO THAT, BUT, UM, IN YOUR DOCUMENTS THAT YOU PROVIDED, YOU HAD MENTIONED, OR I, I COUNTED FOR THE RELOCATION EXPENSES.
WERE THOSE WERE COVERED BY THE COUNTY? CORRECT.
THERE IS A PORTION OF THEM THAT WERE EVENTUALLY COVERED BY THE COUNTY.
WE WERE REIMBURSED BY THE COUNTY OUT WITH SOME OF THEIR FUNDS.
UH, BUT WE PAID FOR THOSE OUT OF POCKET.
WELL, AND IT'D BE WELL IN ADVANCE OF BEING REIMBURSED BY THE COUNTY.
I DON'T HAVE ANY OTHER QUESTIONS.
ANYBODY HAVE QUESTIONS, THOUGHTS, EMOTION FOR THE PUBLIC PART OF THE HEARING OR DO YOU HAVE ANY QUESTIONS FOR THE INSPECTOR? NO.
SO DO WE HAVE A MOTION TO CLOSE THIS PUBLIC PART OF THE HEARING OR NOT? YES, MA'AM.
I'LL MOVE TO CLOSE THE PUBLIC HEARING.
WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING, COMMISSIONER FRYBERGER.
AND WE HAVE A SECOND BY COMMISSIONER THOMPSON, UM, RIGHT BEFORE COMMISSIONER MUELLER
UM, ALL IN FAVOR OF CLOSING THE PUBLIC HEARING, SAY AYE.
SO PUBLIC PART OF THE HEARING IS NOW CLOSED AND THE COMMISSIONERS WOULD NOW MAKE A DECISION, UM, AFTER CONSIDERING ALL YOUR EVIDENCE AND, UM, STAFF'S EVIDENCE AS WELL.
COMMISSIONER WEILER, GO AHEAD.
UM, I HAVE A QUESTION FOR STAFF WHERE THIS MIGHT BE FOR THE ATTORNEY ABOUT WHEN IT IS POSSIBLE OR APPROPRIATE FOR A PROPERTY TO BE PUT IN RECEIVERSHIP BECAUSE THE OWNER DOESN'T HAVE THE WHEREWITHAL TO ADDRESS THE ISSUES.
CAN STAFF OR, OR, UM, COUNCIL HELP ME WITH THAT? I KNOW THAT'S A TOOL THAT THE CITY DOES HAVE AS AN OPTION AND, UM, YOU KNOW, THIS IS SUPER FRUSTRATING TO HEAR.
I MEAN, IT SOUNDS LIKE REPAIRS ARE NOT BEING DONE WELL WHEN THEY ARE BEING DONE.
FROM WHAT WE'RE HEARING FROM THE PEOPLE LIVING THERE, UM, YOU KNOW, THE KIND OF THREAT TO SELL OR LET IT GO BACK TO THE LENDER, THIS IS A HOUSING FINANCE CORPORATION THAT IS ATTACHED TO TRAVIS COUNTY.
SO THERE IS A PUBLIC ENTITY, UH, RESPONSIBLE FOR THIS OR WHO HAS AN INTEREST IN MAKING SURE THIS CONTINUES AFFORDABLE HOUSING.
AND, UM, YOU KNOW, I, I JUST, I WANT US AS BSC AND THE CITY OF AUSTIN TO THINK ABOUT WHAT ARE THOSE TOOLS OR DOES THIS NEED TO GO BEYOND US TO ANOTHER LEVEL TO MAKE SURE THAT THESE ISSUES ARE ADDRESSED.
WE CAN CERTAINLY IMPOSE THE MAXIMUM FINES THAT WE HAVE AT OUR DISPOSAL, BUT, UM, WE KEEP DOING THAT AND I'M NOT REALLY SEEING THEM, UM, COMPLY OR IMPROVE CONDITIONS.
SO CAN STAFF, CAN SOMEONE FROM CODE OR COUNCIL TELL US ABOUT RECEIVERSHIP OPTIONS OR OTHER OPTIONS? WHAT, WHAT OTHER THINGS, WHAT CAN HAPPEN? OKAY.
BEYOND, WE CAN DO, YEAH, WE'LL HAVE, UH, COUNCIL CURRY ADDRESS THAT.
I DON'T BELIEVE WE CAN DO THAT.
UM, YES, MADAM CHAIR, UH, COMMISSIONER MUELLER, UH, RECEIVERS ARE APPOINTED BY DISTRICT COURT.
UM, AND SO UNFORTUNATELY THAT'S OUTSIDE OF THE COMMISSION'S AUTHORITY, UM, TO DO HERE TONIGHT.
BUT, UM, UM, AND THAT DETERMINATION IS IF, IF STAFF WANT TO PURSUE THAT, UM, I BELIEVE THAT'S A, A PRETTY COMPLEX PROCESS AND EVALUATION PROCESS FOR WHICH CASES ARE ELIGIBLE FOR THAT.
BUT, UM, YOU'RE WELCOME TO KIND OF VOICE YOUR, YOUR, UH, INTEREST IN THAT.
BUT UNFORTUNATELY THAT'S NOT SOMETHING THAT THE COMMISSION HAS THE ABILITY, UM, TO ORDER.
[03:15:01]
DO THAT MORE OFTEN THAN AUSTIN DOES, BUT IF EVER THERE WAS A CASE WHERE I FEEL LIKE WE'RE NOT GETTING ANYWHERE AND THIS IS REALLY BAD, UM, YOU KNOW, I WOULD REALLY LIKE TO ENCOURAGE A CITY TO LOOK INTO THAT OPTION.COMMISSIONER MUELLER? UM, I, YEAH, FOR THE PURPOSE OF TONIGHT'S HEARING, WE DO NOT HAVE, UM, THE AUTHORITY TO BE ABLE TO DO THAT, SO WE'LL GO AHEAD AND HEAR FROM STEP CHAIR.
UH, WE ARE HAVE FIVE, FOUR MINUTES UNTIL 10:00 PM OKAY.
SO WE NEED TO EXTEND THE MEETING IF YOU WANT TO CONTINUE.
UM, I WILL, I WILL, UM, CONSIDER A MOTION TO EXTEND THE MEETING FOR 10 MINUTES AFTER 10.
SO MOVE, I THINK COUNCIL HAD, UM, DID YOU HAVE SOMETHING TO ADD? UM, I WAS JUST GOING TO, UH, REMIND THE COMMISSION THAT, UM, WE HAVE ANOTHER CASE THAT WE'VE TABLED AS, AS WELL.
SO WE MIGHT NEED TO EXTEND TO 10 15 OR 10 10.
SO, UM, DO I HAVE A MOTION TO EXTEND THIS HEARING FOR A FEW MINUTES? AND YOU HAVE TO SPECIFY THE NUMBER OF MINUTES.
I WAS GOING TO LET COMMISSIONER FRANCIS RESTATE HIS MOTION.
I DID, BUT I, NOT SURE WHAT HAPPENED THERE.
YOU HAD MADE A MOTION TO GO AHEAD FOR YOU.
YOU'D SAID 10 MINUTES, BUT YOU WANT TO MAKE A, A FRIENDLY AMENDMENT TO MAKE IT 15 MINUTES, SO WE'LL MAKE THE MOTION.
IS THAT I'LL SECOND WORK FOR THE SECONDER.
WE HAVE A MOTION TO EXTEND TONIGHT'S MEETING FOR 15 MINUTES PAST 10.
ARE YOU IN FAVOR OF THE EXTENSION? I'M KAREN, I'M AFRAID.
I, I I HAVE A PERSONAL MATTER.
I, I, OH, I, I WOULD, UH, I WOULD, I WOULD, UM, BE ABLE TO EXTEND FOR FIVE PERHAPS, AND SOMEBODY WOULD, WE COULD PUT ON THAT, BUT I, I CAN'T, I CAN'T GO TO 10 15 TO BE.
UM, WE'LL GO AHEAD AND EXTEND IT FOR FIVE AS WE DON'T REALLY HAVE ANY OPTION.
YEAH, I THINK WE HAVE THE VOTE FOR THAT.
SO WE CAN, UH, WOULD YOU LIKE TO RESTATE THE MOTION COMMISSION OF FRANCIS REALLY FAST? WE ALREADY VOTED.
YEAH, BUT THAT ONE, WELL, YOU ARE, YOU ARE NOT IN FAVOR OF EXTENDING IT FOR 10 MINUTES.
SO CAN WE, SO THE MOTION FAILS WILL HAPPEN IS, SO WE HAVE AGREED THAT IT'S EXTENDED AND EXTENDED IT TO 15 MINUTES.
AND HE IS CERTAINLY HAS EVERY RIGHT TO LEAVE WHEN HE NEEDS TO LEAVE.
BUT WE WILL NOT HAVE A QUORUM.
WE WILL HAVE A QUORUM AND THAT'S JUST FINE.
THAT'S, I'M NOT SURE IT WORKS IF WE DON'T HAVE A QUORUM TO THAT'S IT WORKS THE SAME WAY IN THAT WE WE'RE USING OUR FIVE MINUTES TO DISCUSS THIS RIGHT NOW INSTEAD OF DO SOMETHING.
THEN WE HAVE THE FIVE MINUTES.
EVERYBODY'S IN AGREEMENT WITH THAT.
JUST IN THE INTEREST OF, OF SPEEDING THIS UP, HOPEFULLY CAN DISPOSE OF ALL PENDING BUSINESS ON THE FIVE MINUTES WE HAVE REMAINING.
UM, I JUST, I JUST WANNA SHARE A COUPLE OF THOUGHTS ON THE PRESENT CASE.
UM, THAT, SO THE, I I'M CONFLICTED ABOUT THIS BECAUSE I SPENT FIVE YEARS IN AS AN, AN INSURANCE LAWYER AND I KNOW THAT, UH, THAT IT CAN BE, IT CAN BE LIKE PULLING TEETH, UH, TRYING TO GET INSURANCE MONEY.
I ALSO WANT TO SEE AFFORDABLE HOUSING IN THE CITY.
UH, BUT THERE ARE A COUPLE OF THINGS.
THE, THE INSURANCE BECOMES LIKE ANOTHER PERMITTING PROCESS AND THAT IT'S LIKE A A TALISMAN THAT EVERYBODY CAN INVOKE TO SAY, OH, WE CAN'T MOVE FORWARD BECAUSE OF THE INSURANCE AND THE, THE NEED FOR AFFORDABLE HOUSING.
THIS IS, THIS IS AN LLC, YOU KNOW, IT, IT'S PROFITABLE TO PROVIDE AFFORDABLE HOUSING CUZ YOU SECURIZE THE THE TAX CREDITS AND SELL THEM OFF.
I MEAN, IT'S A BUSINESS LIKE ANY EVIDENCE.
SO I MEAN, I, I DON'T THINK WE SHOULD KID OURSELVES.
THIS IS AN E MOERY ORGANIZATION AND IF THEY'RE AS WARM AND FUZZY AS THEY CLAIM TO BE, THEN WHY IS BOA OUT HERE CALLING 'EM OUT? YOU KNOW? SO I, YOU KNOW, I DON'T MEAN TO BE, YOU KNOW, UH, YOU KNOW, I DON'T MEAN TO BE FLIPPING, BUT ON THIS ONE I I I, I DON'T SEE ANY OBVIOUS OBJECTIVE REASON NOT TO JUST ADOPT STAFF'S, UH, FINDING THE KIND CONCLUSION.
I, I WOULD MAKE THAT MOTION IF, IF ANYBODY WOULD, WOULD SECOND IT.
UM, AND BECAUSE WE'RE PRESS THE TIME I YIELD BACK THINKING ABOUT
[03:20:01]
OBJECT.STILL STA I WILL ACTUALLY, I HAVE THE SAME SENTIMENTS AND, UM, SAME THOUGHTS.
GO AHEAD AND MAKE THE MOTION IF YOU, YOU DID OH, OH, COMMISSION MUELLER, I SECOND THIS MOTION.
SO WE HAVE A MOTION TO ACCEPT, UM, TO ADOPT STAFF'S RECOMMENDATIONS AND THE ORDER RECOMMENDED.
UM, AND WE HAVE A SECOND ON THAT, SO I'M GOING TO GO AROUND AND TAKE A QUICK VOTE.
UM, SO COMMISSIONER MUELLER, HOW DO YOU VOTE? AYE.
AYE, COMMISSIONER IS COMMISSIONER FRANCIS.
AND I'M ALSO IN FAVOR AND COMMISSIONER FRYBERGER.
SO THAT VOTE CARRIES AND, UH, YOU WILL BE MAILED THE ORDER AND GOOD LUCK WITH ALL THE REPAIRS AND WITH INSURANCE CLAIMS. THANK YOU FOR COMING TONIGHT, CHAIR.
[7. Case Number: CL 2022-136046]
WE HAVE, UH, AN AGREED ORDER.COULD I POSSIBLY READ THAT INTO THE RECORD SO WE COULD GET THAT INTER YES.
FOR THE, YES, PLEASE GO AHEAD.
SINCE WE ONLY HAVE FOUR MINUTES, IF WE COULD GET THAT TAKEN CARE OF.
UM, SO WE HAVE AN AGREED ORDER FOR, UH, 1, 2, 4, 8 NORTH MOPAC.
IT'S, UH, THE CASE NUMBER IS 20 22 0 4 9 4 62.
IT'S ALSO KNOWN AS WEIRDOS BAR.
AND I'M JUST GONNA PARAPHRASE SO THAT WE CAN HURRY AND GET THROUGH THIS.
IT'S, THERE'S BEEN A, AN AGREED ORDER ENTERED TO ENTERED INTO BETWEEN THE CODE DEPARTMENT AND THE HOMEOWNER FOR DEMOLITION IN THIS CASE.
AND THERE'S NO ONE HERE PRESENT TO, UH, TO, UH, REPRESENT THE PROPERTY FOR THE OWNER.
THEY'VE BOTH AGREED TO THE AGREED ORDER.
UH, WE HAVE EXHIBITS IN THE BACKUP IF YOU'D LIKE TO LOOK AT THOSE.
UM, IF NOT, YOU KNOW, WE CAN JUST, IF YOU CAN ADMIT THE EXHIBITS, THEN I CAN GO AHEAD AND, UM, READ THE RECOMMENDATION INTO THE RECORD.
AND THE, DID IT SIGN OFF ON THE AGREED ORDER OR NOT? IT'S BEEN SIGNED BY THE OWNER AND THE CO DEPARTMENT.
YOU WOULD BE SIGNING IT NEXT WEEK WHEN YOU SIGN THE OTHER ORDERS IF EVERYONE VOTES TO ACCEPT IT.
UM, IF YOU'LL STATE WHAT THE EXHIBITS ARE, WE'LL GO AHEAD AND YES.
THE EXHIBITS ARE, EXHIBIT ONE CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO A THROUGH TWO K.
AND LASTLY, CODES AGREED ORDER.
UM, AND JOHN HILL IS ONLINE IF YOU WOULD LIKE TO ASK HIM ANY QUESTIONS.
UM, I, I DON'T THINK THAT'S NECESSARY.
BUT GO AHEAD AND, UM, DO YOU WANNA READ THE ORDER FIRST? YES.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS IN PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO K.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ADOPT THE FOLLOWING PROPOSED AGREED ORDER.
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.
B DEMOLISH ALL RESTRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAPED.
C REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, 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.
A LIE FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, I'LL, I'LL ADMIT THE EXHIBITS MARKED AS EXHIBIT ONE AND EXHIBITS, UM, TWO A THROUGH TWO K AND I THINK WE STILL HAVE TO VOTE ON THE AGREED ORDER.
SO DO I HAVE A MOTION TO, DO I HAVE A QUESTION? YOU WANNA CLOSE THE PUBLIC HEARING? THERE IS.
IS IT OKAY? I DON'T THINK WE NEED TO, THERE IS NO PUBLIC, I JUST WANNA MAKE SURE KEEP PROTOCOL.
I MOVED THE SHERIFF, I'M SORRY, I MOVED THAT WE ADOPT STAFF'S RECOMMENDED ORDER, THE PROPOSED DEGREE TO ORDER.
WE HAVE, WE ALREADY HAVE A SECOND FROM COMMISSIONER THOMPSON, SO I'LL CALL THE VOTE.
UM, COMMISSIONER TOAD, ARE YOU IN FAVOR OF, UM, ACCEPTING THE AGREED ORDER? AYE.
[03:25:01]
FRANCIS AYE.AND I'M ALSO IN FAVOR AND COMMISSION OF FIRE.
ALL RIGHT, MR. HAILEY, THANKS FOR JOINING US, BUT WE DON'T NEED YOU TONIGHT.
[5. Case Number: CL 2022-137667 (Part 2 of 2)]
WE, YEAH, WE HAVE THAT EXHIBIT WE CAN PUT UP ON THE SCREEN REAL QUICK IF YOU HAVE TIME AFTER OH FIVE.I THINK WE DONE, WE HAVE UNTIL 10 15.
AS LONG AS MR. STILL DAD IS WITH US.
SO WE NEED TO HAVE CTM PUT THAT UP ON THE SCREEN.
DO WE HAVE A CTM PERSON OVER THERE?
IT'S THAT EXHIBIT THAT WE HAD UP EARLIER.
THIS IS THE EXHIBIT AND HE'LL HAVE TO SCROLL THROUGH IT SO THAT EVERYONE CAN SEE IT.
NO, I DID NOT, BUT THEY CAN ALL SEE IT HERE.
CHAIR, MAY I BE RECOGNIZED, OFFER COMMENT WHILE WE'RE PAGING THROUGH THIS.
UH, CAN YOU REPEAT THAT PLEASE? OH, I WAS JUST SAYING, MAY I BE RECOGNIZED TO, TO OFFER A COMMENT WHILE WE'RE PAGING THROUGH THIS? YES.
SO OBVIOUSLY WE'RE NOT GONNA BE ABLE TO READ 352 PAGES, UH, RIGHT NOW, BUT, UH, I WOULD JUST OFFER THAT I THINK THIS IS SHOWING A BREAKDOWN WITH SUFFICIENT SPECIFICITY THAT I THINK IT HONORS THE INTENT OF OUR RULES AND BYLAWS AND THAT I, I DON'T THINK THERE WAS A MOTION PENDING, BUT IF SOMEBODY WERE TO MOVE, UH, FOR THE GREATER THAN 90 DAY EXTENSION ON THE BASIS OF THIS EVIDENCE, I THINK THAT I WOULD, I WOULD BE PREPARED TO CHANGE MY, I'D BE PREPARED TO SUPPORT THAT, THAT MOTION.
I I AGREE WITH YOUR COMMENTS ON THE, YOU KNOW, THE, THE EVIDENCE.
SO DO WE HAVE A MOTION? UM, I ASK ONE THING.
SO I SEE THAT WE HAVE, WE HAVE THE DETAILED BREAKDOWN OF THE BITS.
UM, DO WE HAVE A TIMELINE IN HERE TOO SO WE KNOW HOW MUCH TIME WE'RE TALKING ABOUT? I'M NOT SURE WE HAVE A TIMELINE, BUT WE DID GET VERBAL TESTIMONY OF THE TIMELINE.
SO, UM, SINCE THE PUBLIC PART OF THE HEARING IS CLOSED, I DON'T KNOW THAT THE OWNERS CAN TELL US ANYTHING MORE.
UM, YOU CAN ASK THE PROPERTY OWNERS QUESTIONS.
EVEN IF THE PUBLIC HEARING IS CLOSED.
SO IS THERE ANYTHING IN THE 400 PAGE DOCUMENT THAT TELLS US A TIMELINE MAYBE FOR REPAIRS, DRAWS, THINGS LIKE THAT, THE TIMELINE, IF WE WERE TO PREPARE SOMETHING FOR YOU? WE WOULD, IT, IT WOULD BE FALSE.
THERE'S NO WAY FOR US TO PREPARE A LEGITIMATE TIMELINE IN THIS SITUATION, UNFORTUNATELY, BECAUSE WE HAVEN'T HAD THE ABILITY TO DECONSTRUCT TO SEE WHAT EXACTLY, UH, IS NEEDED.
BUT MY TESTIMONY BEFORE ON OUR TIMELINE IN THE PERFECT TIMEFRAME AND BEING ABLE TO GET AFFORDABLE HOUSING BACK OUT TO PEOPLE IS THE GOAL OF, UH, MYSELF AS THE GENERAL CONTRACTOR AND ZION CAPITAL AS OWNERS.
UM, SO THE TIMELINE YOU STATED BEFORE WAS A YEAR IS WHAT YOU WOULD PREFER, BUT NINE MONTHS MIGHT BE DOABLE.
WHAT WOULD YOU THINK ABOUT, UM, GETTING, UH, WHAT WOULD YOU SAY PEOPLE THINK ABOUT US, UH, GETTING A, UH, REPORT FROM EM AFTER 90 DAYS OR SOMETHING? IF WHAT, WHATEVER YOU GUYS DECIDE, WE WILL, WE WILL COOPERATE JUST AS WE HAVE WITH CODE ENFORCEMENT.
WE WANT TO, WE'RE NOT TRYING TO HOLD YOU UP AGAINST A WALL, YOU KNOW, WE JUST WANT WHAT'S, WHAT'S REASONABLE.
I THINK WE SPOKE ABOUT THAT EARLIER AND WE WOULD HAVE THAT AS PART OF A MOTION IF YOU WOULD LIKE TO MAKE A MOTION.
UM, AND WE'VE DONE THAT BEFORE IN THE PAST, SO STAFF WOULD THEN GET THE DOCUMENTS AND FORWARD THEM TO US PERIODICALLY.
SO DO WE HAVE ANY MOTION ON THE FLOOR OR, YEAH, I'LL GO AHEAD AND MOVE INTO MY, INTO MY FELLOW, UM, UH, UH, LEADING HEARTS HERE, COMMISSIONER MILLER.
AND, UH, YOU KNOW, ONE OF THE, LIKE, JUST TO EXPLAIN WHY I THINK I, I CAN COME DOWN IN FAVOR THIS, UM, IS I, I DON'T SEE THIS AS A SITUATION WHERE THERE'S, YOU KNOW, FOR, FOR EXAMPLE, THERE
[03:30:01]
ARE, THERE ARE TENANTS SUFFERING OR WHERE THE, THE OWNER HAS ANY INCENTIVE THAT, THAT THE SLOW WALK THIS, THEY, YOU KNOW, THEY NEED TO GET THIS THING BACK UP AND RUNNING.UM, AND, AND THEY'RE NOT, THEY DON'T HAVE ANY PERVERSE INCENTIVES TO TO, TO DELAY.
AND SO I'M SEEING A WHOLE LOT OF EVIDENCE OF DUE DILIGENCE HERE, BOTH ON THEIR ORAL REPRESENTATIONS TO US AND THE AMOUNT OF PAPERWORK THEY CAME BACK WITH THERE.
WITH ALL THAT IN MIND, I, I WOULD GO AHEAD AND, AND MOVE TO, UH, WHAT DID WE SAY? NINE MONTHS? I'M SORRY, I FORGOT WHERE WE LEFT IT.
UH, THAT STAFF'S FINDING FACT AND CONCLUSION OF LAW, UH, EXCEPT WITH THE FOLLOWING MODIFICATIONS THAT, UH, FINDS NOT ACCRUE UNTIL THE EXPIRATION OF NINE MONTHS AFTER THE ORDER IS MAILED.
AND WITH THE ADDITIONAL, UH, MODIFICATION THAT, UH, THE, UH, OWNER, UH, COOPERATE WITH STAFF TO PROVIDE REPORTS TO THIS COMMISSION HAS NEEDED TO ASSESS THE PROGRESS OF THEIR COMPLIANCE, ET CETERA.
AND, UH, SO THAT'S MY, MY MOTION.
SO WE HAVE A MOTION TO ADOPT THIS RECOMMENDED ORDER, BUT MODIFYING IT A LITTLE BIT, UM, TO NINE MONTHS, AND ALSO TO GET THOSE UPDATES FROM THE OWNERS.
AND I THINK WE HAVE TO SPECIFY A TIME, RIGHT? YEAH.
DO YOU WANNA SPECIFY A SPECIFIC DATE? LET'S SEE.
UM, IT WAS NINE MONTHS FROM THE MAILING OF THE ORDER.
DO WE NEED SPECIFIC DATES FOR THE UPDATES AS WELL? YES.
ISING TO BE EVERY OTHER MONTH, EVERY 60 DAYS.
SO WHEN IS OUR NEXT MEETING IN, UM, AUGUST.
I MEAN, NOT AUGUST, IN OCTOBER.
I THINK IT'S, IT IS THE THIRD WEDNESDAY.
FOURTH WEDNESDAY OF THE MONTH.
DO YOU WANNA SAY JULY 31ST OR? YES, WE CAN SET THE JULY MEETING OR JULY.
UM, SO WE WOULD NEED, UH, CAPTION A, SO TO RESTATE THAT, RIGHT.
AND ALSO TO MAKE, UM, WOULD YOU LIKE TO AMEND YOUR MOTION TO SPECIFY THE, THE SPECIFIC DATE OF JULY 31ST AND ALSO FOR PERIODIC UPDATES, MAYBE EVERY 60 DAYS UNTIL THEN? I WOULD SO, SO AMENDED
SO, UM, COMMISSIONER MUELLER, DO YOU SECOND THAT MOTION AS RESTATED? YES.
SO I'LL CALL A VOTE ON THIS MOTION.
UM, I'LL START WITH COMMISSIONER FRANCIS.
HOW DO YOU VOTE? E A A VOTE IN FAVOR.
COMMISSIONER THOMPSON FOR YES, AND I'M IN FAVOR OF THAT, UM, MODIFIED, UM, ORDER AS WELL.
AND COMMISSIONER FRYBERGER AYE.
ALL RIGHT, COMMISSIONER MUELLER.
THANK YOU OWNERS AND REPRESENTATIVES OF THE OWNERS.
THANKS EVERYONE FOR STAYING LATE.
AND WHAT TIME ARE WE CALLING THE MEETING? ANYTHING ELSE? UM, WITH NOTHING FURTHER ON THE AGENDA ITEM, WE'LL GO AHEAD AND ADJOURN THIS MEETING AT 10:14 PM THANK YOU SO MUCH.