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[CALL TO ORDER]
UH, THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR FEBRUARY 22ND, 2023.LET THE RECORD REFLECT THAT THE TIME IS, UM, SIX 40.
I'M THE VICE CHAIR FOR THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL, AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE, UM, VERBALLY.
SO THOSE ONLINE, PLEASE UNMUTE YOURSELF AND SAY, PRESENT, UH, A QUICK REMINDER TO OUR COMMISSIONERS PROMOTING IN.
PLEASE, UH, KEEP YOUR CAMERAS ON SO THAT WE CAN MAINTAIN QUORUM.
SO, UH, COMMISSIONER A BO, THIS IS NOT HERE TODAY.
AND, UM, ONE FIRE CHIEF VOGUE FIRE MARSHALL VOG PRESENT.
UM, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATIONS ON ITEMS NOT ON TONIGHT'S AGENDA.
UH, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
AND I DON'T BELIEVE WE HAVE ANYONE HERE, SO WE'LL MOVE ON TONIGHT.
THE COMMISSION WILL CONDUCT A HEARING FOR ALL OF THE CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER TWO CASES FROM TWO PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT IS APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND STABILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
THE COMMISSION'S COORDINATOR, MELANIE ALLEY, WILL CALL EACH CASE ON THE AGENDA FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED THE REPRESENTATIVE OF THE PROPERTY.
IF ANY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU ARE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
SO IF YOU'RE, IF ANYONE'S LISTENING, GONNA SPEAK, PLEASE USE THOSE FIVE MINUTES, UH, WISELY.
UH, UH, THINK ABOUT WHAT YOU'RE GOING TO SAY.
AND THIS IS JUST MY PERSONAL RECOMMENDATION TO YOU.
IF YOU HAVE AN ASK OF THIS COMMISSION, PLEASE PRESENT IT.
DURING THOSE FIVE MINUTES, WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
JAMES CANEZ FOR, UM, QUESTION CODE.
AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
AND TO MY FELLOW COMMISSIONERS, IF YOU HAVE QUESTIONS, I'M GONNA TRY TO LET EVERYONE ASK AT LEAST A QUESTION FIRST BEFORE I START CALLING ON PEOPLE A SECOND TIME.
UM, BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
AFTER THE COMMISSIONER MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
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 TESTIFY UNDER OATH.
ANY PERSON THAT WANTS, UH, TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN
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ANY CASE, INCLUDING THOSE PROMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.DO YOU, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
[1. Approve the minutes of the Building and Standards Commission regular meeting on January 25, 2023.]
VICE CHAIR.UM, IF WE MAY, COULD WE GO AHEAD AND APPROVE THE MINUTES FROM THE JANUARY 25TH, 2023 MEETING RE YES.
OH, AND ALSO YOU MAY WANNA RECOGNIZE MR. GREEN.
SO, UH, MR. YOU ARE, WE JUST CALL ROLL.
SO YOU ARE PRESENT, CORRECT? YES.
UM, READY? DID EVERYBODY GET A CHANCE TO REVIEW, UM, THE MINUTES? ANYONE HAVE ANY COMMENTS OR QUESTIONS? COMMISSIONERS? I, I MOVED.
I WILL CALL, UH, EACH OF YOU BY NAME.
[2. Case Number CL 2020-040829]
MAY I MOVE ON TO THE FIRST CASE ON THE AGENDA, PLEASE? YES.ITEM NUMBER TWO ON THE AGENDA, CL 20 23 0 1 14 69 IS A RETURNING CASE REGARDING THE UN UNOCCUPIED REAR PRIMARY STRUCTURE AT A RESIDENTIAL PROPERTY LOCATED AT 53 15 AURORA DRIVE.
STAFF EXHIBITS CAN BE FOUND IN THE DARK PINK COLORED BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE WAS PREVIOUSLY HEARD AT THE JUNE 24TH, 2020 BUILDING AND STANDARDS COMMISSION MEETING.
A BSC ORDER WAS ISSUED FOR REPAIR OF THE REAR PRIMARY DWELLING UNIT WITHIN 45 DAYS, WITH A PENALTY OF $250 PER WEEK TO BEGIN TO ACCRUE.
ON THE 46 DAY REPAIRS WERE NOT COMPLETE, NO PERMITS HAVE BEEN APPLIED FOR, AND NO ATTEMPTS HAVE BEEN MADE TO MAKE REPAIRS TO DATE.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY TOTALS $32,892 AND 86 CENTS, AND CONTINUES TO ACCRUE THE NOTED VIOLATIONS CREATE A PUBLIC NUISANCE WITH SUBSTANDARD AND DANGEROUS CONDITIONS.
AT THIS HEARING, WE ARE RECOMMENDING MODIFICATION OF THE EXISTING ORDER TO CHANGE FROM RE REPAIR TO DEMOLITION, AND TO RE REDUCE THE AMOUNT OF THE ACCRUED PENALTIES.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO A THROUGH TWO F, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS UPDATED COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING AND POSTINGS, A COPY OF THE EXISTING BSC ORDER, T R V 20 20 11 8 8 81, AND A PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS FOUR A THROUGH FOUR I.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR FAIR PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE, AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FAIR PRESSLEY, AND I'M AN INVESTIGATOR WITH THE CASE REVIEW AND ESCALATIONS TEAM WITH THE AUSTIN CODE DEPARTMENT.
THIS CASE WAS ASSIGNED ILLEGAL AFTER A BSE REPAIR ORDER WAS ISSUED AT THE BUILDING AND STANDARDS COMMISSION IN JUNE OF 2020.
THIS IS A SINGLE FAMILY VACANT RESIDENCE.
SINCE THE BSE ORDER WAS ISSUED, THIS PROPERTY HAS EXPERIENCED SERIOUS NEGLECT THAT HAS LED TO THE STRUCTURE NEEDING TO BE DEMOLISHED INSTEAD OF REPAIRED.
THIS PROPERTY IS LESS THAN A MILE FROM THE HIGH SCHOOL.
THE STRUCTURE IS UNSAFE AND UNSOUND THROUGH A NUMBER OF SITE INSPECTIONS.
I HAVE OBSERVED THE FOLLOWING STRUCTURE, ISSUES THAT HAVE PROGRESSED OVER THE TIME PERIOD OF HAVING THIS CASE.
THE ROOF REPAIR WAS NOT IN COMPLIANCE WITH BUILDING STANDARDS.
THE ROOF HOLE WAS COVERED WITH PLYWOOD.
NO OTHER ROOFING MATERIAL WAS ADDED TO PREVENT WEATHER OR DETERIORATION OF THE WOOD REPAIR.
THE SIDING AND INSTRUCTIONAL SUPPORT OF THE HOME IS DECAYED AND DETERIORATING.
THE DETERIORATION IS MORE PROFOUND ON THE BACK WALL OF THE STRUCTURE WHERE THERE IS VEGETATION GROWING ALONG THE ENTIRE WALL.
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SIDING WAS REMOVED ALONG WITH THE BLACK SHEATHING, SO THERE IS NO PROTECTIVE COATING ON THE RAW WOOD OF THE HOME.THE STRUCTURE'S ROOF ON THE RIGHT SIDE OF THE STRUCTURE IS LEANING AND WARPED.
THIS PROPERTY IS SECURE BUT NOT BEING MAINTAINED.
I WILL TAKE YOU NOW THAT THE PHOTO IS MARKED FOR A THROUGH FOUR J.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THAT THE STRUCTURE BEING PRESENTED TODAY IS BEHIND THE MAIN STRUCTURE ON THE PROPERTY.
FOUR B SHOWS A CONTEXTUAL VIEW OF THE VACANT STRUCTURE.
FOUR C SHOWS THE LEFT SIDE OF THE PROPERTY THAT YOU CAN SEE WHERE THE ROOF IS STARTING TO SLOPE ON THE FRONT PORCH.
FOUR D OH, THESE ARE MA UM, FOUR D IS SHOWING WHERE THE BLACK SHEATHING HAS BASICALLY COME OFF THE, A LOT OF THE IN, UH, SIDE OF THE STRUCTURE.
IT'S STILL LEFT A LITTLE BIT ON ONE SIDE.
NEXT PHOTO, FOUR E SHOWS THE LEFT SIDE OF THE PROPERTY WHERE ALMOST ALL THE BLACK SHEATHING IS COMING OFF.
A LOT OF THAT, UM, IS OLDER AND USUALLY HAS ASBESTOS IN IT.
I DIDN'T WANNA REMOVE IT, BUT UNDERNEATH ALL THOSE WINDOWS, ALL THAT WOOD SIDING IS ROTTING.
NEXT FOUR F UM, SHOWS A LITTLE BIT MORE OF THE RIGHT SIDE OF THE ROOF WHERE IT'S SLOPING.
UM, YOU KINDA CAN'T SEE IT FROM THE PICTURES.
IT'S HARD WITH ALL THE VEGETATION AND BAMBOO.
UM, IT'S REALLY HARD TO GET ALL THAT REMOVED BECAUSE THE FENCE LINE IS DIRECTLY BEHIND THAT STRUCTURE.
NEXT PHOTO 4G SHOWS A CLOSER UP, UH, PICTURE OF THE FASCIA BOARD WHERE IT'S ALL ROTTEN, UH, RIGHT ABOVE THE FRONT DOOR.
NEXT PHOTO, FOUR H SHOWS A LITTLE BIT MORE OF THE BACK PART OF THE STRUCTURE.
I CAN'T REALLY GET TO IT, BUT YOU CAN TELL WHERE THE WOOD HAS STARTED TO ROT A LOT MORE WITH ALL THAT BAMBOO LEANING UP AGAINST THE HOUSE.
UM, IT'S JUST THE DANGEROUS CONDITIONS WARNING THAT I'VE GOT ON THE, UM, STRUCTURE.
WE'VE GOTTEN A LOT OF COMPLAINTS OF HIGH SCHOOL KIDS BREAKING INTO THE STRUCTURE.
SO I'VE HAD TO, UM, PUT THAT UP THERE.
UM, THEY'VE ALSO FENCED IT OFF.
THIS, THIS PROPERTY HAS HAD A REPAIR ORDER FOR SIX YEARS WITHOUT ANY WORK BEING DONE.
SINCE IT'S A PUBLIC SAFETY CONCERN, I'LL WATCH TO DEMOLISH THE STRUCTURE TO RESOLVE THIS CASE.
I'M AVAILABLE FOR ANY QUESTIONS.
STAFF ASK THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDINGS OF FACT, THE COMMISSION'S CURRENT BUILDING AND STANDARDS COMMISSION ORDER, T R V 20 21 1 8 8 81 WAS NOT APPEALED.
AND THE TIME PERIOD FOR THIS ORDER COULD, COULD HAVE BEEN APPEALED, HAS LAPSED FINDING A FACT.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $250 PER WEEK IN ITS 2020 ORDER.
PENALTIES HAVE ACCRUED IN THE AMOUNT OF $32,892 AND 86 CENTS TO DATE, AND ARE STILL ACCRUING AS OF THE DATE AS OF THIS DATE, THE COMMISSION, AS OF THE DATE, THE COMMISSION ISSUED THE ORDER, THE PROPERTY REMAINS IN VIOLATION.
STAFF ASK THE COMMISSION TO MODIFY THE 2020 ORDER BY ONE REDUCED THE CURRENT CIVIL PENALTY AMOUNT ACCRUED IN ITS 2020 ORDER T R V 20 20 11 8 8 81, FROM $32,892 AND 86 CENTS TO $15,000 TO ORDER THE OWNER COMPLETE THE FOLLOWING, WITHIN FIF 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL REAR PRIMARY STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOCK, CLEAN AND RAKED.
AND C REQUEST INSPECTION FROM AUSTIN FO CODE TO VERIFY, VERIFY COMPLIANCE THREE ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL REAR PRIMARY 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 LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
THANK YOU, INVESTIGATOR PRESLEY.
UM, DO WE HAVE ANYONE TO HERE TO SPEAK ON THIS CASE ONLINE, OR NO.
WELL, UH, IN THAT CASE, I'M GONNA MOVE THAT WE CLOSE THE PUBLIC PORTION OF THE HEARING, AND THEN I'LL ALLOW THE, MY FELLOW COMMISSIONERS TO ASK QUESTIONS.
DO WE HAVE TO GO THROUGH MAKING A MOTION IN A SECOND JUST TO CLOSE THE PUBLIC? YES, I BELIEVE, I BELIEVE YOU DO.
SOMEBODY WANNA MOVE TO CLOSE THE PUBLIC? I, I MOVE TO CLOSE THE HEARING.
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MOTION.I WILL CALL A VOTE TO CLOSE THE PUBLIC PORTION.
COULD YOU ADMIT THE, THE EXHIBITS PLEASE? I'M SORRY.
IS IT TOO LATE TO ASK A QUESTION? YES.
OH, YOU WANNA ASK A QUESTION? WE'LL, WE'LL HAVE BEFORE WE ADMIT THE EXHIBITS.
I MEAN, WE'LL HAVE, WE'LL HAVE OPPORTUNITIES TO ASK QUESTIONS.
UM, I DON'T HAVE THE EXACT LANGUAGE I'M SUPPOSED TO SAY TO ADMIT YOUR, UH, IN FRONT OF ME.
IT IS CHANGE THE, OH, IT'S RIGHT THERE.
I MOVE TO CLOSE THE HEARING AND ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER, NOT RIGHT.
JUST YOU COULD JUST SAY, UH, I ADMIT, UH, FOR A THROUGH FOUR A OH, I ADMIT FOUR A THROUGH FOUR I J AYE.
AND THEN WE HAD, UM, A MOTION TO CLOSE THE PUBLIC HEARING, AND WE HAD A SECOND, AND WE'RE GONNA TAKE A VOTE ON THAT.
WE'RE JUST TALKING ABOUT THIS PUBLIC HEARING.
YOU STILL GET TO ASK A QUESTION OF STAFF.
UM, COMMISSIONER FREIBERGER? YES.
AYE, I ALSO VOTE TO CLOSE, SO WE WILL MOVE ON TO QUESTIONS.
UH, COMMISSIONER GREEN, I BELIEVE YOU HAVE A QUESTION.
UH, WHY DO WE WANT TO CUT IT IN HALF? ROBERT MOORE.
ROBERT MOORE, CODE DIVISION MANAGER.
UM, JUST THE THOUGHT BEHIND IT IS TO, GOLLY, THIS IS REALLY SORRY.
UM, JUST COVER BASICALLY WHAT WE THINK WE'VE LOST AS FAR AS CITY TIME, CITY HOURS, RESOURCES, WHATNOT.
IT'S JUST A, A GOOD FAITH GESTURE TO SHOW THAT WE'RE NOT OUT FOR BLOOD.
YOU KNOW, WE, WE JUST WANT THIS THING RESOLVED.
AND, UH, WE REALLY ARE MORE LOOKING FOR THE DEMO MORE THAN ANYTHING.
BUT, UH, WE DEFINITELY WANT TO COVER ANY, ANYTHING WE'VE LOST, WHICH IS TIME AND RESOURCES.
AND I SAY WE, I MEAN THE CITY AND, AND THE, UM, CITIZENS OF THE CITY.
AND IF THERE'S A WATER LOOKING OVER YOUR SHOULDER, THAT'S, UH, YOU'D BE SPOT ON.
SO, UH, THANK YOU VERY MUCH FOR THE INFORMATION.
UM, INSPECTOR, SO JUST TO CLARIFY, THE, UM, THIS IS AN ATTACHED STRUCTURE, CORRECT? NO, IT'S, SO THE VERY, THE FRONT STRUCTURE THEY MADE INTO A DUPLEX.
AND THIS IS A COMPLETELY SEPARATE STRUCTURE IN THE BACK.
AND THEN THE, SO THE ORDER ONLY, THE DEMOLITION ORDER ONLY APPLIES TO THE, THIS IS COMPLETELY SEPARATE STRUCTURE THE BACK.
SO I'M JUST CURIOUS, HAVE YOU HAD ANY INTERACTION WITH THE OWNER? HAVE THEY RESPONDED IN ANY WAY? UM, SO THEY LIVE IN CALIFORNIA.
THEY NEVER RETURNED MY PHONE CALL.
THE LEASING AGENT AT THE FRONT DUPLEX ACTUALLY RETURNS MY PHONE CALL.
THE LANDLORD NEVER CALLS HER BACK WHEN SHE CALLS TO ASK FOR REQUEST FOR THE RENTERS.
SO SHE LOSES A LOT OF RENTERS.
UM, SO HE JUST COLLECTS THE RENT CHECK AND NEVER CALLS ANYBODY BACK.
THAT MAKES ME A LITTLE LESS SYMPATHETIC TO REDUCING THAT FIVE
DO ANY OF OUR, UH, COMMISSIONERS ONLINE HAVE QUESTIONS AT THIS TIME? NO.
ANY OTHER QUESTIONS? COMMISSIONER GREEN? NO.
UM, AND I'VE BEEN TOLD THAT ACTUALLY, UM, I NEED TO SAY THAT WE ADMIT EXHIBIT THREE AS WELL
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AS FOUR A TO FOUR.SO LET'S, UH, I WILL RE AMEND THAT.
UH, ANY, ANY FURTHER QUESTIONS TO SEND TO SOMEBODY? WANNA MAKE A MOTION? COMMISSIONER F FRYBERGER? YES.
I'VE MOVED TO ADOPT STAS RECOMMENDED ORDER.
THAT'S, YOU, YOU MAKE A MOTION THAT WE, THAT WE ADOPT THE RECOMMENDED ORDER? YES.
COMMISSIONER GREEN SECONDS THAT WE HAVE A MOTION.
WE HAVE A SECOND TO ADOPT STAFF'S RECOMMENDED ORDER.
[3. Case Number: CL 2023-014053]
NEXT ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE C L 20 23 0 1 4 53.THE PROPERTY IS LOCATED AT 4,905 PROC LANE.
THE EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
TONIGHT, WE ARE ADDRESSING BOTH THE PRIMARY RESIDENTIAL AND ACCESSORY STRUCTURES.
HERE ARE A FEW FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A VACANT AND DILAPIDATED RESIDENTIAL STRUCTURE.
THE CASE WAS INITIALLY OPENED IN SEPTEMBER, 2022 AND HAS REMAINED IN VIOLATION SINCE THAT TIME.
THERE IS AN ACTIVE PERMIT FOR DEMOLITION OF THE HOUSE AND DETACHED GARAGE BP 20 21 0 8 0 9 8 3 ISSUED ON JULY 8TH, 2021.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS, AND AS SUCH, STAFF RECOMMENDS 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 THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS IN EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO M.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, CHAIR AND COMMISSIONERS.
MY NAME IS WILLIS ADAMS. I AM THE CODE INVESTIGATOR ASSIGNED TO THIS CASE ON SEPTEMBER 7TH, 2022.
THIS CASE WAS CALLED INTO THREE 11 FOR A VACANT RESIDENTIAL PROPERTY WITH TRASH, DEBRIS, AND UNSANITARY CONDITIONS.
I CONDUCTED MY INITIAL INSPECTION TWO DAYS LATER ON SEPTEMBER 9TH, AND OBSERVED AND CONFIRMED THE CONDITIONS DESCRIBED IN THE COMPLAINT.
THE HOME WAS UNOCCUPIED WITH TRASH AND DEBRIS AND BRUSH SCATTERED IN THE FRONT SIDE AND REAR YARDS.
NO TRESPASSING SIGNS WERE POSTED ON THE CHAIN LINK FENCE ALONG THE FRONT OF THE PROPERTY, WHICH ALSO BORDERED THE EAST SIDE OF THE PROPERTY ON THE EAST AND REAR SIDE OF THE STRUCTURE THAT WERE BROKEN WINDOWS, FLAKING DETERIORATING EXTERIOR WALLS ON THE EAST SIDE, ALSO NEAR THE ADJACENT PROPERTY.
UH, ON DON ANN STREET, THERE'S AN ACCESSORY BUILDING SHED OR VISIBLE FROM DON ANN STREET, AN ACCESSORY SHED GARAGE, UH, WHICH HAS CONSIDERABLE WOOD ROT HOLES IN THE SIDEBOARDS, ROTTING ACCESSIBLE, INCLUDING HOLES IN THE ROOF.
ON OCTOBER 28TH, 2022, I SENT A NOTICE OF VIOLATION TO THE OWNER FOR THE CONDITIONS AND SANITARY CONDITIONS.
STRUCTURAL ISSUES I OBSERVED ON THE PROPERTY.
DURING THE POSTING OF THE NOTICE, I OBSERVED EVIDENCE, A PERSON'S EXPERIENCE EXPERIENCING HOMELESSNESS ACTIVE AT THE PROPERTY.
AFTER NUMEROUS FOLLOW-UP INSPECTIONS, I OBSERVED ON THE WEST SIDE OF THE PROPERTY AN EXTENSION CORD, WHICH IS CONNECTED TO THE ADJACENT HOME, LEADING INTO A WINDOW OF THE PROPERTY.
I SPOKE WITH THE PROPERTY OWNER NEXT DOOR.
SHE WAS AWARE OF THE EXTENSION CORD, WHICH SHE DISCONNECTED.
SHE'S A SENIOR CITIZEN, UH, LIVING ALONE.
UM, SHE HAS CALLED ON THAT PROPERTY, UM, NUMEROUS TIMES.
WE HAVE HAD OVER 17 COMPLAINT CASES ON THIS PROPERTY CALLED IN THE THREE 11.
A P D HAS REPORTED OVER 63 CALLS RELATED TO DISTURBANCES
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AT THIS PROPERTY, FROM COMPLAINTS RAGING FROM CRIMINAL TRESPASS TO DRUGS AND VANDALISM.AS MELANIE MENTIONED EARLIER, THE OWNER HAS A PLAN REVIEW THAT WAS ISSUED IN 2021, AS WELL AS AN APPROVED BUILDING PERMIT FOR DEMOLITION OF THE 1,216 SQUARE FOOT HOME, AS WELL AS THE 240 SQUARE FOOT GARAGE.
I WOULD ALSO LIKE TO NOTE THAT THE OWNER ALSO HAS A PLAN REVIEW TO BUILD A STRUCTURE, A NEW STRUCTURE OVER 3,600 SQUARE FEET ON THAT SAME LOT IS CURRENT, CURRENTLY WAITING.
THAT UPDATE BEFORE I PRESENT THE PHOTOS INCLUDE CONCLUDE MY PRESENTATION IF THE COMMISSION WILL INDULGE ME A LITTLE FURTHER.
IF THIS IS OKAY WITH STAFF, I'D LIKE TO READ A EMAIL I RECEIVED FROM A CONCERNED CITIZEN WHO LIVES IN THE AREA ADJACENT TO THIS PROPERTY.
I'M WRITING THIS REPORT AS A CONCERNED CITIZEN, THIS PROPERTY HAS FALLEN IN COMPLETE DILAPIDATION, THE HOU.
THE HOUSE ITSELF IS CONSTANTLY BEING BROKEN INTO WITH VAGRANT SQUATTING.
THERE WE HAVE HAD TO CALL THE POLICE SEVERAL TIMES BECAUSE WE HEAR GLASS BREAKING AS PEOPLE ARE FORCING THEMSELVES ONTO THE PROPERTY.
THE PROPERTY'S OVERGROWN WITH VEGETATION, WHICH HAS NOT BEEN MAINTAINED AT ALL.
THE TREES ON THE PROPERTY ARE ROTTING.
LARGE LIMBS ARE FALLING TO THE GROUND.
ONE HAS COMPLETELY COLLAPSED ENTIRELY.
THERE ARE STRUCTURES IN THE BACK OF THE PROPERTY THAT ARE HOME, THE RACCOONS, POSSUMS, ARMADILLOS, SNAKES AND MOSQUITOES.
THESE STRUCTURES POSE A HUGE PUBLIC RISK, AS DOES THE ENTIRE PROPERTY.
PEOPLE IN THE AREA HAVE STARTED USING THE PROPERTY AS A DUMPING GROUND FOR TRASH, AND THERE ARE DIRTY NEEDLES ON THE GROUND AND BROKEN GLASS EVERYWHERE.
THANK YOU FOR TAKING THIS TIME TO REVIEW OUR STATEMENT.
SINCERELY, A CONCERNED CITIZEN.
AT THIS TIME, I'D LIKE TO, UH, PRESENT THE PHOTOS TO VALIDATE THE CONCERNS AND ISSUES THAT WERE OBSERVED AT THE PROPERTY.
EXHIBIT TWO A IS A CONTEXTUAL PICTURE OF THE FRONT OF THE PROPERTY.
AS I MENTIONED IN MY STATEMENT EARLIER, THERE IS A POSTED NO T, NO TRESPASSING SIGN ON THE GATE.
TWO B IS THE SHOWING THE FRONT PORCH.
YOU CAN SEE THE DETERIORATED RAILINGS.
UH, SOME RAILINGS ARE EVEN MISSING, UM, THE ROTTING WOOD, UH, ALSO THE TRASH AND THE DEBRIS JUST AROUND THE FRONT DOOR.
THIS IS THE EAST SIDE OF THE PROPERTY.
UH, THERE'S THREE BROKEN WINDOWS.
THERE'S TRASH AND DEBRIS, UH, ALONG THE FENCE ON THE INSIDE OF THE PROPERTY.
THIS IS, UH, ALSO FROM THE VACANT LOT THAT'S ON THE EAST, EAST SIDE OF THE PROPERTY.
THAT WINDOW HAS BLACK PLASTIC OVER THE WINDOW, UM, OBSCURING THE BROKEN GLASS ON THE UPPER PANE.
THIS IS THE ONE OF THE SHEDS IN THE BACK OF THE PROPERTY.
UH, AS YOU CAN SEE, IT'S DILAPIDATED.
UH, BOARDS HAVE MISSING WINDOWS.
BROKEN, UH, THERE'S ROTTING WOOD.
YOU CAN SEE THE HOLES ON THE TOP, UH, ALONG THE EXTERIOR WALL.
UH, THERE ARE, UM, OBVIOUSLY SOME CRITTERS INSIDE OF THAT.
UH, THIS IS A SLIDE OF A, THE FENCING ON THE EAST SIDE OF THE PROPERTY.
UH, AS I MENTIONED IN THE P POLICE REPORT, UH, THERE WERE A NUMBER OF REPORTS, AND ONE OF THEM WAS THEY HAD TO ACTUALLY CALL ANIMAL CONTROL BECAUSE THERE WERE A NUMBER OF DOGS THAT WERE ON THE PROPERTY.
AND, UH, THAT'S THEIR, UH, PRIVACY FENCE, WHICH IS ALSO DAMAGED, AS WELL AS A HALF OF A PICKUP TRUCK, UH, BED SITTING IN THE REAR OF THE YARD.
THIS IS, UH, THAT SAME VEHICLE, PART OF THE VEHICLE WITH THE TRASH AND DEBRIS, UH, SITTING INSIDE THE, UH, BED.
UH, THAT'S, THAT PHOTO WAS TAKEN THROUGH THAT OPENING IN THE FENCE.
YOU CAN SEE THE ROOF IS PARTIALLY COLLAPSING.
THE WINDOWS BROKEN, UM, IS ACCESSIBLE AND HAS BEEN, UH, A PLACE WHERE THERE HAVE BEEN SOME SQUATTERS.
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UH, THIS IS THE FRONT SIDE OF THE PROPERTY AGAIN.UM, AND THIS PHOTOGRAPH I TOOK FROM THE STREET, UH, YOU, YOU PROBABLY CAN'T SEE THE EXTENSION CORD THERE, BUT THERE'S AN EXTENSION CORD ON THE, UH, WEST SIDE OF THE PROPERTY, WHICH EXTENDS OVER TO THE NEIGHBOR'S PROPERTY.
AND THERE IS THE, THAT'S THE SIDE, THAT'S A, UM, ZOOM PICTURE.
AND YOU CAN SEE THE ORANGE EXTENSION CORD EXTENDING FROM SOME TYPE OF PIPE COMING OUT OF THE SIDE OF THE BUILDING.
UH, THIS SLIDE JUST TO INDICATE THAT THERE IS, UH, THEY DO HAVE ELECTRIC METERS.
THE POWER IS, THERE IS NO CURRENT POWER ON THAT PROPERTY.
UM, AND THAT WAS JUST, UH, TAKEN AFTER I TOOK THE PHOTO OF THE EXTENSION CORD.
THIS IS SHOWING ROTTING WOOD, UH, ALONG THE BASE OF THE PROPERTY.
UH, THE GAS METER, UH, THERE'S NO GAS AT THE PROPERTY.
THE GAS METER WAS REMOVED FROM THIS, UH, PROPERTY NEXT EXHIBIT.
AND THAT, UH, FINALIZES MY EXHIBIT.
IN CONCLUSION, I'D LIKE TO MENTION ALSO THIS PROPERTY CONSTITUTE A, CONSTITUTES A BLIGHT AND NUISANCE FOR THE RESIDENTIAL COMMUNITY.
NEARBY PERSONS EXPERIENCING HOMELESSNESS ENTER THE PROPERTY, THEY OPPOS A SIGNIFICANT FIRE RISK BY GETTING INSIDE THAT PROPERTY, UH, ENDANGERING ADJACENT PROPERTIES AND PERSONS.
UH, AND AS I MENTIONED, OWNERS HAVE NOT RESPONDED TO CITY NOTICES THAT I'VE POSTED AND TO THE NEIGHBOR COMPLAINTS AND HAVE NEGLECTED THE PROPERTY.
THAT CONCLUDES MY PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS.
CAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH AND IS CONSIDERED SUBSTANDARD DANGEROUS CONDITIONS.
STAFF ASKED 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 M.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE, REQUIRE THAT 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 RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT AND RAKED.
AND C, REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL 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 LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
THANK YOU MS. ALI AND INSPECTOR ADAMS. UM, I WILL ACCEPT EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO M I UNDERSTAND WE HAVE, WE, WE MAY HAVE A PRESENTER ON THE PHONE.
IS THIS CORRECT? I'M NOT SURE WE HAD SOMEONE SIGN UP, BUT I'M NOT SURE IF THERE NO, THERE'S NO ONE.
IN WHICH CASE, UH, GOING ONE THIS CHAIR? YES.
MOVE TO CLOSE THE HEARING AND ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS.
WILL WE HAVE A CHANCE TO ASK QUESTIONS OF THE PRESENTER? UM, WE CAN ASK QUESTIONS, BUT WE, WE ACTUALLY HAVE A MOTION NOW TO, UH, ACCEPT.
I JUST THOUGHT IT WAS OUT OF ORDER, BUT THAT'S JUST MY GUESS.
AFTER THE MOTION IS MADE AND SECONDED, THEN WE CAN HAVE DISCUSSION CHECK.
THE PUBLIC HEARING AND DROP FACTS RECOMMENDED FINDING FACT.
SO IF YOU WOULD LIKE TO ASK QUESTIONS, YOU MAY WANT TO AMEND YOUR, THE MOTION JUST TO PUBLIC HEARING.
MY UNDERSTANDING IS WE CAN DISCUSS THE MOTION.
[00:35:01]
YOU CAN'T DISCUSS THE MOTION.BUT IF THERE WAS GONNA BE QUESTIONS, UM, ABOUT OF STAFF
IT'S JUST ONE OF OUR OPTIONS, BUT IF WE WANT TO TALK ABOUT IT, IF THAT'S OKAY WITH THE SECONDER.
LET'S GO AHEAD, HAVE A DISCUSSION, THEN WE'LL JUST DO A MOTION TO CLOSE THE HEARING.
SO, UM, LET'S VOTE TO CLOSE THE HEARING.
COMMISSIONER, UH, FRANCIS? YES.
AND I ALSO VOTE TO CLOSE THE HEARING, SO I WILL NOW, UH, WILL OPEN IT UP TO SOME QUESTIONS OF THE CITY, THE STAFF, SINCE THERE'S NOBODY HERE FROM THE REPRESENTING THE PROPERTY.
AND I WOULD LIKE TO, UM, KNOW, IT SEEMS LIKE MY, I UNDERSTAND THE 45 DAYS GIVING THEM THAT TIME IS, IS, YOU KNOW, PART OF THE RULES.
UM, BUT I THINK ALSO WE HAVE BEEN TOLD IN THE PAST THAT WE HAVE A HARD TIME GETTING THE, UM, GETTING PEOPLE TO COME TEAR DOWN ON BEHALF OF THE CITY.
AND I WAS WONDERING IF THIS ONE WOULD BE, AND I, THE ONE THAT REALLY STRUCK MY, UH, BRAIN OR WHATEVER, WAS THE LADY WHO HAD THE, UM, ELECTRICAL CARD THAT SOMEBODY HOOKED UP TO HER HOUSE.
IS THAT RIGHT? AND I WOULD IMAGINE SHE IS FAR MORE FRIGHTENED THAN ANYONE DESERVES TO BE.
IS THERE IS ANY WAY YOU COULD PRIORITIZE THAT AFTER THE 45 DAYS? THE DEMOLITION? UH, I CAN, ONLY THING I CAN ANSWER TO IS THAT THE ONLY, OR DOES HAVE A ACTIVE BUILDING PERMIT, UH, WHICH IS OKAY, WHICH DOESN'T EXPIRE TO JUNE 8TH OF 20 OF THIS YEAR.
UM, HE CAN'T GET AN EXTENSION ON THAT UNDER I THINK 25, 11 95 OF THE CIVIC CODE.
UH, I DON'T KNOW WHAT HIS WISHES ARE.
I DO KNOW, AS I MENTIONED EARLIER, HE HAS A PLAN REVIEW TO BUILD A HOME ON THAT SITE AFTER HE DEMOS THAT PROPERTY.
BUT AGAIN, I DON'T KNOW WHAT HIS TIMETABLE IS IN TERMS OF, OF, UH, DEMOING THE PROPERTY.
BUT, YOU KNOW, MY CONCERN WAS THE FACT WHAT YOU BROUGHT UP IS THAT, UH, PERSONS IN THE AREA JUST LIKE THAT, THE NEIGHBOR THERE HAVE AN ISSUE WITH THIS PROPERTY BEING IN THE CONDITION.
DO ANY OTHER COMMISSIONERS HAVE QUESTIONS? COMMISSIONER MUELLER? UM, I GUESS THIS IS A QUESTION AND ALSO THROWING IT OUT FOR CONSIDERATION IN OUR MOTION.
WOULD THERE BE A REASON NOT TO SAY 30 DAYS JUST TO TRY AND GET THIS ADDRESSED SOONER GIVEN THE CONDITIONS FACING THE NEIGHBORS? I MEAN, I KNOW THERE'S ALWAYS A BIG DELAY IN ACTUALLY CARRYING THESE OUT.
I DON'T KNOW IF WE CAN MAKE HIM GO ANY, I MEAN, HE HAS A PERMIT THAT THAT DOESN'T EXPIRE TILL JUNE 8TH, 2023.
IF, IF YOU WANTED TO GIVE HIM 45 DAYS, THAT'S UP TO YOU.
UH, I MEAN, HE MAY BE ABLE TO FIGHT THAT BASED ON THE FACT THAT HE HAS AN ACTIVE BUILDING PERMIT.
SO, I MEAN, SO IN OTHER WORDS, THIS, AND THIS MIGHT BE A QUESTION FOR THE ATTORNEY, UM, SINCE HE HAS THIS PERMIT THAT DOESN'T EXPIRE TILL JUNE, ANYTHING WE TELL HIM TO DO BEFORE THEN DOES, DOESN'T SUPERSEDE THAT? OR HOW DOES THAT RELATE TO HIS PERMIT TIMEFRAME? UM, ACTUALLY IF I HAVE A QUESTION, IS IT A DEMOLITION PERMIT OR DRIVING? DEMOLITION? IT IS A DEMOLITION PERMIT.
SO HE DOESN'T HAVE TO WAIT, HE DOESN'T HAVE TO GO THROUGH ANY PROCESS.
HE HAS A APPROVED PLAN REVIEW, WHICH HE HAD TO GET FIRST BEFORE HE GOT THE DEMO PERMIT.
SO HE'S, HE CAN DEMO IT AT ANY TIME AS LONG AS HE DOES IT BY JUNE 8TH OF THIS YEAR.
SO IF THE COMMISSION WANTS TO ORDER THE DEMOLITION IN 30 DAYS, UH, THE COMMISSION CAN DO SO.
THAT DOESN'T MEAN THAT STAFF IS GONNA BE IN A POSITION TO DO ANYTHING SURE.
UNTIL AFTER HIS PERMIT EXPIRES.
SO YOU CAN ORDER HIM TO GET IT DONE IN THIS TIMEFRAME, BUT STAFF'S ABILITY TO GO IN AND DO THE DEMO THEMSELVES IS, IS GOING TO HAPPEN AFTER THE PERMIT EXPIRES.
SO IT WOULD JUST BE ANOTHER SORT OF STRONG REQUEST OF HIM, BUT IT MAY NOT HAVE ANY EFFECT.
[00:40:01]
PARDON ME,UM, EVENTUALLY IF HE DOES NOT DO THE DEMOLITION AND CITY STAFF CAN DO THE DEMOLITION.
SOUNDS LIKE AT THIS POINT, YEAH, THOSE 15 DAYS WON'T MAKE ANY PRACTICAL DIFFERENCE.
GIVEN WHAT I JUST HEARD, UH, I MOVED TO CLOSE THE HEARING AND ADOPT THE, UH, STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.
[4. Discussion and possible action regarding appeal template language and request for documentation prompt in Notice of Appeal Hearing letters.]
MS. ALLIE.ITEM NUMBER, ITEM FOUR, SPEAKER ON ITEM NUMBER FOUR IS A DISCUSSION AND POSSIBLE ACTION ITEM REQUESTED BY COMMISSIONER MUELLER TO CONSIDER AMENDING RULE 4 0 6 OF THE COMMISSION'S RULES AND REGULATIONS TO ALLOW FOR REVISION OF THE TEMPLATE LANGUAGE FOR DOCUMENTATION AND SUPPORT OF THE REPEAT OFFENDER PROGRAM, RENTAL REGISTRATION, SUSPENSION APPEALS.
THAT'S A LITTLE BUT A QUICK REMINDER, RULE 4 0 6, RULE 4 0 6 IS THE RULE THAT, UM, IS IN YOUR, IF YOU LOOK IN YOUR READERS, IT IS IN THE RULES AND REGULATIONS.
AND IT'S THE RULE THAT IS, UM, IN YOUR NOTICE IN THE NOTICES OF HEARING THAT REQUIRES THAT PEOPLE BRING CERTAIN THINGS TO THE MEETING.
AND IF YOU COULD PUT THAT UP ON THE SCREEN, WE HAVE A, UH, PROPOSED REVISION.
AND I'LL LET MS. MUELLER TAKE OVER FROM HERE.
YES, MS. MUELLER COMMISSION, YOUR HONOR.
YEAH, SO I HAD JUST PROPOSED THAT WE SET SOME REQUIREMENTS FOR EVIDENCE THAT SOMEONE WHO WANTS TO APPEAL THE SUSPENSION OR REVOCATION OF THEIR REGISTRATION WOULD HAVE TO BRING TO A HEARING.
AND I, UM, SUGGESTED THAT WE USE THE SAME EVIDENCE THAT WE ASK PEOPLE TO BRING, IF THEY'RE ASKING FOR LONGER THAN THE 90 DAY PERIOD, WE CAN GIVE THEM.
AND SO THE ATTORNEYS DRAFTED THIS LANGUAGE, WHICH JUST, YOU KNOW, TAKES RULE 4 0 6 AND CREATES AN A AND A B.
SO WE HAVE, UM, THE ONE THAT'S ABOUT ASKING FOR A LONGER TIME PERIOD.
AND THEN WE HAVE ONE THAT'S ABOUT APPEALING THE SUSPENSION AND THE LANGUAGES IN THE DOCUMENT POSTED THERE.
SO I DON'T KNOW IF WE WANT TO HAVE ANY DISCUSSION.
BECAUSE SOMEONE, WELL, I WAS GONNA ASK YOU, COMMISSIONER MUELLER, SINCE YOU, YOU, UH, FIRST THANK YOU FOR, UH, KIND OF TAKING THE INITIATIVE.
UM, IT SEEMS, UH, THE REASONING SEEMS VERY LOGICAL TO, TO KIND OF USE THOSE SAME, UH, ITEMS OF EVIDENCE.
SO YOU, YOU TOOK AN INTEREST IN THIS ISSUE.
DOES, DOES THIS MOTION IS WRITTEN, DOES IT SATISFY YOUR INIT ORIGINAL CONCERNS? YES.
I THINK IT, SO THIS IS ABOUT WHAT THE PROPERTY OWNER WOULD NEED TO BRING US.
I, I GUESS, UM, YOU KNOW, PART OF THIS WAS MOTIVATED BY A DISCUSSION WE HAD WHEN SOMEONE BROUGHT THIS APPEAL WHERE I DIDN'T FEEL LIKE THEY ANSWERED ANY OF OUR QUESTIONS ABOUT HOW DANGEROUS THE CONDITIONS STILL WERE.
AND SO, UM, I GUESS I'D ALSO WANT TO HEAR FROM THE CODE OFFICER, UH, ABOUT THOSE CONDITIONS.
LIKE WHAT ARE THE CONDITIONS STILL AT THE PROPERTY, WHICH DOESN'T NEED TO BE IN THIS, UM, THIS LANGUAGE SINCE THIS IS DIRECTED AT THE PROPERTY OWNER.
BUT I THINK THAT WOULD BE REALLY HELPFUL IN ANY CASE WHERE SOMEONE BRINGS AN APPEAL FORWARD.
CUZ I FELT IN THAT CASE, LIKE I DIDN'T REALLY HAVE A SENSE OF HOW DANGEROUS THIS WAS.
AND, UH, IN ADDITION TO NOT KNOWING WHAT THEY WERE ACTUALLY DOING ABOUT IT, UM, BUT I, I THINK THIS, THE LANGUAGE MAKES SENSE TO ME.
BUT, YOU KNOW, I WANT TO HEAR WHAT OTHER PEOPLE THINK.
THE, UM, WHEN WE ASK FOR ARCHITECTS AND ENGINEERS, IS IT, I, IS IT MADE CLEAR SOMEWHERE THAT THAT IS SOMEBODY LICENSED TO PRACTICE IN THE STATE OF TEXAS? I'M SORRY, COULD YOU REPEAT THE QUESTION? WHEN WE MAKE REFERENCE TO DOCUMENTS OR, OR RECOMMENDATIONS FROM AN ARCHITECTURE ENGINEER, IS IT
[00:45:01]
MADE CLEAR ANYWHERE THAT THAT IS SOMEBODY WITH AN ACTIVE LICENSE TO PRACTICE IN THE STATE OF TEXAS? YOU KNOW, I DON'T KNOW THAT WE'VE PUT THAT DOWN ANYWHERE, BUT I KNOW IN ORDER TO BE REFERENCED AS AN ENGINEER OR AN ARCHITECT IN THE STATE, YOU HAVE TO HAVE A LICENSE.UM, BUT THAT'S SOMETHING WE CAN ALWAYS TALK TO STAFF ABOUT ADDING TO ADD SOME CLARITY TO, TO NOTICE AS IF, IF THERE'S A, A CONCERN WITH THAT THE LANGUAGE SAYS SEALED DRAWINGS, WHICH I WAS YEAH, YEAH.
THEY CAN'T STAMP IT OTHERWISE.
ANY FURTHER QUESTIONS? COMMISSIONER GREEN? UM, LIKE, UM, IS THERE ANY COMMENT ON HOW RISK IS EVALUATED? I, THE ONE THING I WOULD, MY MY HE'S MISSING IS SOME TYPE OF DARESAY INSURANCE OR OTHER RISK EVALUATION, UM, IS AT THE END OF THE DAY THAT THE ONES THAT WOULD HAVE TO COME UP WITH ANY TYPE OF COMPENSATION IF THERE WAS A FAILURE, UM, IS THAT FOR DISCUSSION OR IS THAT A QUESTION FOR THE, LET ME PLACE THIS AS A QUESTION FOR WHO DRAFTED THE LANGUAGE.
SO IS THE QUESTION COMMISSIONER WHETHER OR NOT THERE'S ANY SORT OF INTEREST, IS THERE A NEED TO ADD LANGUAGE TO THE RULE THAT THEY NEED TO SHOW SOME EVIDENCE OF INSURANCE FOR THE PROPERTY? YES.
WE HAVEN'T TRADITIONALLY REQUESTED THAT, BUT IF THE COMMISSION WOULD LIKE THEM TO ESTABLISH THAT THERE IS INSURANCE FOR THE PROPERTY, I MEAN, YOU CAN REQUEST THAT.
UH, DO ANY OF THE OTHER COMMISSIONERS GO? I I KNOW OUR, CAN WE PUT THE ONLINE COMMISSIONERS MAYBE BACK ON, SEE IF THEY HAVE ANY QUESTIONS? NO, NO.
I SEE, I SEE PEOPLE SHAKING THEIR HEAD.
SO IF YOU HAVE A QUESTION, RAISE YOUR HAND.
MR. CHAIRMAN, MS. MILLER, COMMISSIONER, I, I APPRECIATE THIS.
CAUSE I THINK WE WERE ALL VERY FRUSTRATED BY THAT LACK OF INFORMATION, KIND OF LEFT US LANGUISHING TRYING TO MOVE THAT FORWARD, BUT YET HAVING, NOT HAVING THE DATA THAT WE NEED.
SO I THINK THIS IS A GREAT WAY TO BE SURE AND PROVIDE FUTURE COMMISSIONS WITH THE INFORMATION THEY NEED TO MAKE SOLID DECISIONS, RIGHT.
SO, UM, WOULD WE, I GUESS MAKE A MOTION TO ADOPT THIS? IS THAT, UH, IS THAT MY RECOMMENDATION WOULD ACTUALLY NEED TO PUT, MAKE A MOTION TO PUT THIS ON YOUR NEXT AGENDA FOR THE COMMISSION TO ADOPT IT AS A RULE TO AMEND YOUR RULES.
THIS IS THE PROPOSAL PHASE AND THEN AT THE NEXT MEETING YOU CAN ADOPT IT.
WELL IN THAT CASE, I MAKE A RECOMMENDATION THAT WE
I HAVE A QUESTION ABOUT THAT CUZ WE, UM, WE HAVE IT POSTED FOR POSSIBLE ACTION, BUT WE CAN'T ACT ON IT.
YOUR RULES ACTUALLY REQUIRE YOU TO PROPOSE IT ON ONE MEETING AND ADOPT AT A SECOND MEETING.
SO WE TALKED ABOUT IT, BUT WE DIDN'T HAVE IT FORMALLY WRITTEN DOWN AT THE LAST MEETING.
CUZ I THINK A LOT OF US ARE MAYBE NOT GONNA BE AT THE NEXT MEETING,
SO I GUESS WE'LL RELY ON WHOEVER'S CARRYING ON TO EXPLAIN IT.
CUZ I, I, I WON'T, I THINK I WON'T BE AT THE NEXT MEETING.
BELIEVE ANYONE WHOSE TERMS ARE ENDING CAN STILL, UH, SERVE IN A HOLDOVER POSITION UNLESS THERE'S A NEW PERSON APPOINTED.
MR. CHAIRMAN, I'LL SECOND THE MOTION.
UH, DO WE, DO WE ACTUALLY NEED TO VOTE ON THIS AS A MOTION OR IS IT ENOUGH THAT IT'S A RECOMMENDATION TO PUT IT ON THE AGENDA? IS THIS A FUTURE, TRISH? WOULD THIS BE A FUTURE AGENDA ITEM? THIS WOULD BE ON YES.
TO PLACE US ON THEIR NEXT AGENDA TO VOTE TO ADOPT THIS AS A RULE.
UM, THAT DOESN'T TAKE A VOTE, RIGHT? WE CAN JUST, OR DOESN'T AND LET YOU CAN, BUT THE POSITION YOU CAN TAKE IS IF THERE'S ANY OBJECTION TO LET YOU KNOW IF THERE'S ON AN OBJECTION, THEN IT'LL BE ON THE NEXT AGENDA.
ANYONE OBJECT ANY OBJECTIONS TO PUTTING THIS ON THE NEXT, UH, UH, AGENDA? OKAY, HEARING NONE.
[FUTURE AGENDA ITEMS]
HER RECOMMENDATION.SO THAT GOES RIGHT INTO THE NEXT ITEM, WHICH IS FUTURE AGENDA ITEMS.
[00:50:01]
SO COMMISSIONERS, ANYBODY HAVE ANY OTHER AGENDA ITEMS THEY WOULD LIKE TO BRING UP AT THIS TIME? COMMISSIONER GREEN.YEAH, YOU'RE, I THINK YOU'LL HAVE A DIFFERENT, UH, DISTRICT FOR REPRESENTATIVE.
SO, UH, YOU'LL HAVE TO TEACH THEM SOME OF THE WAYS OF THE ROAD.
AND I WANNA JUST THANK, UH, STAFF AND, UH, UM, CITY STAFF FOR THE, I GUESS IT WAS EIGHT OR NINE OR 10 YEARS OF, UH, HELPING ME FIGURE THIS OUT.
AND, UH, YEAH, OBVIOUSLY AFTER TODAY'S, UH, PERFORMANCE, YOU KNOW, I STILL DON'T KNOW THE RULES, SO, UH, UH, THANK YOU.
AND, UH, IT WAS A, IT WAS A PRIVILEGE TO WORK WITH YOU.
WELL, AND, AND I WANNA, AS, AS ACTING, I GUESS, CHAIR TODAY, I WANNA TAKE A MOMENT AND I WANT TO THANK I, I GUESS THE COMMISSIONERS THAT ARE POTENTIALLY ROLLING OFF.
MAYBE YOUR REPLACEMENT WON'T BE NAMED AND YOU'LL BE HERE.
BUT, UH, COMMISSIONER GREEN FOR ALL YOUR YEARS OF SERVICE.
COMMISSIONER THOMPSON, COMMISSIONER MUELLER, UM, UH, FRE BERGER, FRE BERGER AS WELL.
OH MY GOSH, EVERYONE'S LA FRANCIS.
WHO ELSE? RAISE YOUR HAND IF YOU MIGHT NOT BE HERE.
UH, BASICALLY JUST ALMOST A QUORUM RIGHT THERE.
UH, THANK YOU FOR YOUR SERVICE.
THIS IS, UH, CERTAINLY SOME OF THESE MEETINGS, UM, AS ANYONE WHO WATCHES US ON TV, I KNOW THEY OFTEN GO TO 10, 10 30 AT NIGHT.
IT'S QUITE A COMMITMENT OF YOUR PERSONAL TIME AND, UM, YOU KNOW, THANK YOU FOR YOUR CIVIC SERVICE.
UH, IT, IT, IT'S, IT'S THANKS TO SERVICE LIKE THE ONE YOU GIVE THAT WE'RE ABLE TO, UM, YOU KNOW, IT'S KIND OF DEMOCRACY AND ACTION.
YOU HAVEN'T ODD DEFINITION OF FUN, BUT I'LL TAKE YOUR WORD FOR IT.
UM, SEEING, I THINK THAT WAS, THERE'S NO OTHER, UH, UH, ITEMS MOVE CHAIRMAN TO CLOSE THE MEETING.
MR. I JUST WANNA THANK MR. MOORE FOR HAVING THAT, UH, IN THAT EXPLANATION OF THE ADJUSTMENT IN THOSE RATES, THOSE FEES, RIGHT.
THAT WAS SOMETHING WE REALLY GRAPPLED WITH A FEW TIMES OF HOW DO WE GET TO WHAT'S A REASONABLE NUMBER, RIGHT? COVERS THE TECH.
AND SO THAT, I THINK THAT'S REALLY HELPED TO KIND OF DO THAT ANALYSIS, COME BACK AND SAY, OKAY, HERE'S WHERE THAT NUMBER CAME FROM.
IT CAME THROUGH A PROCESS OF EVALUATION.
SO I, I WANT TO THANK YOU FOR THAT AND HELPING THE COMMISSION MAKE THAT DECISION.
UH, IT'S STILL IN ITS INFANCY.
WE HAVEN'T REALLY DIALED IT IN AND GOTTEN THE RIGHT CON COMBINATION, BUT WE'RE, WE'RE WORKING ON IT.
BUT IT'S HUGE TO GIVE US DIRECTION, RIGHT.
AT LEAST NO TO WHAT'S, WHAT'S A REASONABLE NUMBER, ESPECIALLY WHEN WE'RE TOUCHING SUCH LARGE NUMBERS MM-HMM.
THEY, UH, TOLD ME, THEY TOLD US EIGHT YEARS AGO THAT THEY, UM, APPRECIATED IT IF WE WOULD NOT GIVE IT ALL AWAY
AND, UH, I, UH, UNDERSTAND WHY, BECAUSE WE ARE ACTUALLY DOING A LOT OF THINGS FOR A LOT OF PEOPLE.
UH, IT DIDN'T AFFECT MY SALARY AT ALL.
BUT, UM, ANYWAY, SO THAT MIGHT BE SOMETHING THAT YOU REMI REMIND PEOPLE OF EVERY SO OFTEN.
MR. CHAIRMAN AND I MOVE, WE ADJOURN.
THANK YOU TO, UH, THE STAFF, MS. ALI, MR. ELAS, THE INSPECTORS WHO PRESENTED TODAY, UH, MARSHALL VO.
THANK YOU FOR BEING HERE, FOR ALL YOUR PRESENTATIONS.
AND, UM, SUPPOSED TO VOTE TO CLOSE THEM SESSION.
NO, I CAN JUST DECLARE IT CLOSED, RIGHT? SO, YEAH.
SO, UH, THE, UH, I GUESS I, YEAH, I CALL THIS MEETING CLOSED.
THANK YOU FOR THOSE WATCHING US ON TV.