[CALL TO ORDER]
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CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER ON MARCH 22ND, 2023.
LET THE RECORD REFLECT THAT THE TIME IS NOW 6:41 PM AND MY NAME IS SHAGUN.
I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, OUR CALL ROLE, AND I'LL ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO OUR COMMISSIONERS THAT ARE AT HOME PROMOTING IN, UM, PLEASE TURN ON YOUR CAMERAS AND KEEP THEM ON SO AS TO MAINTAIN A QUORUM.
UM, WHAT ABOUT MR. JOHN GREEN THOMPSON? OKAY.
AND COMMISSIONER MUELLER PRESENT.
AND COMMISSIONER BENIGNO IS NOT ATTENDING.
UH, COMMISSIONER TOAD PRESENT.
AND COMMISSIONER FREIBERGER PRESENT.
AND WE ALSO HAVE, UM, CHIEF TOM VOKI HERE.
UM, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION, OR I MEAN PUBLIC COMMUNICATION.
ON THE ITEMS THAT ARE ON TONIGHT'S AGENDA, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE THAT REQUIRES INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EIGHT CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CON CONSIDER THE EIGHT CASES FROM SIX PROPERTIES, AND THE CASES WILL BE CONSIDERED IN THE, WELL.
ACTUALLY, THERE WILL NOT BE CONSIDERED IN THE ORDER IN WHICH THEY'RE ON THE AGENDA TONIGHT BECAUSE WE ARE MAKING SOME CHANGES, UM, THAT ARE APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
THE COMMISSION'S, UH, COORDINATOR MELANIE ALI, 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 SIP NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, YOU OR YOUR REPRESENTATIVE MAY THEN ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO ALSO 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 FOR THIS EVENING, PLEASE INTRODUCE YOURSELF.
UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK YOU QUESTIONS, UM, MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AS WELL.
AFTER ALL THE EVIDENCE AND TESTIMONIES 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 AS WELL.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED.
UM, NOW WITNESSES, UH, WILL TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOVING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS
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EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.UM, IF THERE IS NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
SO CHAIR, BEFORE WE DO THAT, COULD WE VOTE ON THE, UH, THE MINUTES FROM LAST MONTH'S MEETING? YES.
[1. Approve the minutes of the Building and Standards Commission regular meeting on February 22, 2023.]
COMMISSIONERS, HAVE YOU HAD A CHANCE TO REVIEW THE MINUTES FROM LAST MONTH'S MEETING? YES.DO I HAVE A MOTION TO APPROVE THE MINUTES? YES, CHAIR.
WE HAVE A MOTION TO APPROVE THE MINUTES.
AND WE'LL GO AHEAD AND CALL THE VOTE ON THAT.
UH, DO WE HAVE TO GO IN ONE BY ONE? I ALWAYS FORGET
AND COMMISSIONER FRYBERGER? YES, I APPROVE.
AND I ALSO VOTE TO APPROVE THOSE MINUTES.
UM, AND COMMISSIONER FRANCIS? YES.
UH, THOSE MINUTES HAVE BEEN APPROVED AND WE'LL GO ONTO THE AGENDA ITEMS.
[5. Case Number: CL 2023-015136]
CHAIR.IF WE COULD BEGIN WITH ITEM NUMBER FIVE ON THE AGENDA.
UM, ITEM NUMBER FIVE ON THE AGENDA IS CASE CL 20 23 0 1 5, 1 36, AND RE AND IS REGARDING THE PROPERTY LOCATED AT 80 12 GA STREET.
EXHIBITS CAN BE FOUND IN THE ROSE COLORED BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS CASE WAS OPENED IN APRIL, 2021 AS THE RESULT OF A COMPLAINT.
THE CASE IS REGARDING AN UNOCCUPIED SINGLE STORY RESIDENTIAL STRUCTURE, WHICH IS HOMESTEADED THE NEGLECT.
THE NEGLECTED STRUCTURE SUFFERED SEVERE FIRE DAMAGE ON OCTOBER 4TH, 2022.
AS A RESULT OF THE FIRE, THE STRUCTURE IS CONSIDERED UNSAFE AND IS UNINHABITABLE.
THERE IS NO RECORD OF A PERMIT APPLICATION IN OUR DATABASE TO DATE FOR REPAIR OR DEMOLITION.
THE PROPERTY IS LOCATED LESS THAN 1000 FEET FROM THE NEAREST ELEMENTARY SCHOOL.
THE STRUCTURE IS CONSIDERED SUBSTANDARD AND DANGEROUS WITH UNSAFE CONDITIONS AND REQUIRES DEMOLITION.
IN YOUR READERS AND 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, A MAP SHOWING THE DISTANCE BETWEEN THE PROPERTY AND THE NEAREST SCHOOL, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, AS WELL AS A FIRE INCIDENT INCIDENT REPORT, AND A POLICE INCIDENT REPORT.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO H.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR KENNETH NETTLE IS CURRENTLY ASSIGNED TO THIS CASE.
HE AND SUPERVISOR DAVID DOWNING ARE HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR NETTLE AND SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
UM, THANK YOU COMMISSIONERS FOR HEARING OUR REQUEST TO ADDRESS THE CONDITION OF THE FIRE DAMAGED HOME AT 80 12 GA STREET, 80 12.
GAT IS A SINGLE FAMILY HOME AND A NEIGHBORHOOD OF SIMILAR SINGLE FAMILY HOMES.
THE HOME IS BETWEEN RESEARCH BOULEVARD AND WEST ANDERSON LANE.
WOOTEN ELEMENTARY AND NEIGHBORHOOD PARK ARE TWO BLOCKS EAST OF THIS HOME.
THE AUSTIN CODE CASE FOR 80 12 GAULT BEGAN WITH A VIOLATION OF ACCUMULATED RUBBISH AT THE EXTERIOR OF THE HOME BASED ON A COMPLAINT IN MAY OF 2021.
THE PROPERTY WAS CLEANED BY A CONTRACTOR, BUT CONTINUED TO BE NON-COMPLIANT FOR ACCUMULATION OF RUBBISH.
IN OCTOBER OF 2022, A FIRE DAMAGED THE PRIMARY STRUCTURE AT THE PROPERTY.
THE FIRE WAS EXTENSIVE AND IT MAKES THE STRUCTURE UNSAFE AND UNFIT FOR HABITATION.
IT IS THE REQUEST OF AUSTIN CODE TO ORDER THE DEMOLITION OF THE FIRE DAMAGED RESIDENCE.
IT HAS BEEN VACANT AND SECURE SINCE THE FIRE IN OCTOBER OF 2022.
PICTURES ARE AVAILABLE TO DOCUMENT THE CONDITION OF THE PROPERTY.
IF WE CAN SEE THE PICTURES STARTING WITH TWO A, UM, TWO A'S THE PUBLIC VIEW OF THE PROPERTY, THIS IS TAKEN FROM THE STREET.
UM, IT'S 80 12 GA A MAILBOX AND THE SIDEWALK THERE, UM, THIS IS AFTER THE FIRE, THE PROPERTY'S BEEN FENCED.
THEN TWO B, UM, IT'S A LITTLE CLOSER TO THE PROPERTY.
YOU CAN SEE THE FENCE IS IN PLACE, AND THIS IS AT THE CORNER, UM, WOULD BE THE LEFT HAND WHERE 80 10 GA IS ADJACENT ON THAT PROPERTY LINE.
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UM, IF YOU SEE THE HOUSE, YOU CAN SEE WHERE THE WINDOWS HAVE BEEN BOARDED AND THERE'S SMOKE, YOU KNOW, HAS COME OUT OF EVERY WINDOW AND DOOR, MORE FIRE DAMAGE AT THE REAR.IF WE GO TO TWO C, UM, THIS IS SOME OF THE POSTINGS AT THE PROPERTY.
YOU CAN SEE THE BOARDED WINDOWS AND SOME OF THE SMOKE DAMAGE THAT COME OUT OF THE HOUSE FROM THE FIRE EVENT GO TO 2D.
UM, THIS WOULD BE STANDING ON THE PROPERTY AT 80 10 TO THE LEFT OF THE HOUSE.
UM, AND THAT'S THE, THE SIDE OF THE HOUSE FACING THAT WAY IS COMPLETELY DESTROYED BY THE FIRE.
AND THEN NEXT PHOTO, A LITTLE FURTHER IN THE BACK.
OH, NO, THIS IS THE PLACARD AT THE FENCE.
UM, FAIRLY PEDESTRIAN NEIGHBORHOOD THERE.
SO WE'VE KEPT THE FENCE AND PLACARD IN PLACE.
UM, AND THAT'S KEPT THE PROPERTY SECURE SINCE THE EVENT.
NEXT PHOTO, YEAH, SO THIS IS AGAIN, THAT SIDE OF THE HOUSE, THE SAME TARP FROM THE EARLIER PICTURE.
THE, THE ROOF IS STILL STANDING, BUT STRUCTURALLY, UM, THE HOUSE IS ALMOST A TOTAL LOSS.
AND THEN THE NEXT PHOTO, UM, HERE YOU CAN SEE THE WHOLE HOUSE FROM THE BACK.
THE FIRE'S EXTENSIVE ENOUGH THAT IT'S MADE HOLES IN THE ROOF AND THE REAR WALL AS WELL.
IT'S JUST A SERIES OF PLYWOOD PANELS HOLDING IT TOGETHER.
AND THEN THE NEXT PICTURE, UM, THIS IS BACKED UP SO YOU CAN SEE A LITTLE MORE OF THE HOUSE.
UM, AT THE FAR LEFT IS THE VINYL SIDING.
IT'S OVER THE ORIGINAL WOOD SIDING.
UM, IS MELTED AND PEELED AWAY.
AND AGAIN, YOU CAN SEE THE HOLES IN THE ROOF AND THE AMOUNT OF CHAR AND DAMAGE TO THE STRUCTURE.
NEXT, NEXT, WELL, THAT'S IT FOR THE PHOTOGRAPHS.
BECAUSE OF THE, OOPS, BECAUSE OF THE EXI 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 AND DANGEROUS WITH UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.
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 ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RIGGED.
C REQUEST INSPECTIONS 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 B PROPERTY OWNER SHALL BE ON UNNOTICED 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 CHAIR.
UM, I'LL ADMIT CODES EXHIBIT ONE AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.
UM, WE ALSO HAVE THE OWNER HERE AS WELL AS, UH, NEIGHBOR.
SO, MR. SANDERS, THANKS FOR BEING HERE.
YOU CAN CERTAINLY PROCEED WITH YOUR, YOU KNOW, PRESENTATION.
DO YOU HAVE ANY EXHIBITS FOR TONIGHT? UH, NO MA'AM.
DO YOU HAVE YOUR MICROPHONE ON? YES, MA'AM.
UM, IF YOU'LL JUST PROJECT AND YOU DO HAVE, UM, FIVE MINUTES.
GOOD EVENING, MEMBERS OF THE BOARD.
MY NAME IS TY SANDERS AND I'M THE OWNER OF 80 12 GU STREET.
I'M SPEAKING TO YOU TODAY TO ASK YOU THAT YOU, YOU DID NOT DEMOLISH MY HOME IN REQUEST YOUR UNDERSTANDING AND COOPERATION DURING THIS DIFFICULT TIME.
AS YOU MAY BE AWARE OF, MY HOUSE SUFFERED SEVERE DAMAGE DUE DUE TO FIRE INSIDE OF THE HOUSE, AND I AM CURRENTLY WORKING WITH MY INSURANCE COMPANY TO REBUILD IT.
UNFORTUNATELY, THIS PROCESS HAS TAKEN LONGER AND THAN ANTICIPATED, AND I HAVEN'T BEEN ABLE TO FULLY RESTORE MY PROPERTY TO ITS ONCE GLORIA ESTATE.
I UNDERSTAND THE CONCERN ABOUT THE APPEARANCE OF MY YARD, AND AFTER A TRAUMATIC PAST YEAR WITH THE DEATHS OF MY GODSON, BEST FRIEND AND FATHER,
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AND THE DESTRUCTION OF MY HOME ALL WITHIN A FIVE MONTH PERIOD.I SEE NOW THAT THE APPEARANCE OF MY YARD AFFECTS MY NEIGHBORS AS WELL AS THE COMMUNITY AS A WHOLE.
I WOULD LIKE TO ASSURE YOU THAT I AM COMMITTED TO CLEANING IT UP AS SOON AS POSSIBLE.
HOWEVER, GIVEN THE CURRENT CIRCUMSTANCES, I AM ASKING FOR YOUR PATIENCE AND UNDERSTANDING.
I HAVE ALREADY TAKEN STEPS TO BEGIN THE CLEANUP PROCESS, AND I PLAN TO CONTINUE WORKING ON IT DILIGENTLY UNTIL IT'S COMPLETED.
I'M COMMITTED TO DOING MY PART TO ENSURE THAT IT IS A SAFE AND ATTRACTIVE ENVIRONMENT FOR ALL.
I ASK THAT YOU PLEASE CONSIDER MY SITUATION AND GRANT ME AN EXTRA TIME TO FULLY RESTORE MY PROPERTY.
I AM DEDICATED TO, TO MAKING THE NECESSARY REPAIRS AND IMPROVEMENTS.
AND I AM HOPEFUL THAT WITH YOUR COOPERATION, WE CAN WORK TOGETHER TO ACHIEVE A POSITIVE OUTCOME.
UM, I WOULD LIKE TO POINT OUT THAT ON THE PICTURES SUPPLIED BY THE CODE ENFORCEMENT, UM, IT SHOWS ALL THE, WHEN STANDING AT THE STREET, LOOKING AT THE HOUSE, IT SHOWS THE HOUSE TO THE LEFT.
IF YOU CUT THE HOUSE IN HALF IT, THEY, THEY JUST SHOW THE, THE LEFT SIDE, THE RIGHT SIDE OF THE HOUSE IS STILL, UM, UM, SAFE TO ENTER.
IT'S MAINLY ALL SMOKE DAMAGE AND THE WATER DAMAGE FROM THE FIREFIGHTERS.
UM, IN SAYING THAT, MY PLAN IS TO, UM, KEEP THAT PART OF THE HOUSE, TEAR DOWN THE PE, THE PART, THE LEFT SIDE THAT'S NOT, UH, USABLE ANYMORE, AND BUILD ON FROM THAT.
UM, AND IF IT'S TOTALLY DEMOLISHED, THEN I CAN'T, UM, COMPLETE MY, MY PROJECTED, UH, PLAN.
UM, UM, UH, THE, I JUST WANNA POINT OUT THAT THE, THE, UH, FENCE THAT'S PUT UP, UH, THEY'RE SAYING THAT IT'S, UM, UM, I JUST LOST MY, LOST MY TRAIN OF THOUGHT SAYING THAT IT'S, UM, WHAT'S THE WORD IT'S LOCKED DOWN FROM, FROM, UH, THIEFS OR LOOTERS OR ANYTHING, WHICH IS NOT THE CASE.
UM, KNOWING THAT NOBODY'S LIVING IN THE HOUSE, I UNDERSTAND THAT PEOPLE ARE GOING TO MAKE THEIR WAY THROUGH, UM, AND TAKE THINGS THAT AREN'T THEIRS.
UH, THAT IN RIGHT NOW, THAT'S WHAT'S HAPPENING.
UM, I, UM, I SEE THE WRONG OF MY WAYS, UM, OF HOW I KEPT PUTTING THE CODE ENFORCERS OFF, KEPT PUTTING 'EM OFF, AND KEPT PUTTING 'EM OFF.
UM, IT'S VERY REAL TO ME NOW, UH, WHAT'S HAPPENING WITH MY PROPERTY.
AND I WOULD, UH, VERY MUCH NOT LIKE TO LOSE MY HOME.
UH, I'M AN AUSTIN NATIVE AND WOULD LIKE TO STAY IN AUSTIN AND, UM, MOVE MY FAMILY BACK INTO THE HOUSE EVENTUALLY.
I BELIEVE THAT'S ALL I HAVE TO SAY.
UM, I'LL NOW TURN IT OVER TO THE COMMISSIONERS FOR QUESTIONS.
I'M SURE YOU HAVE SOME QUESTIONS.
COULD YOU GIVE US, UH, UM, AN IDEA ABOUT THE NEGOTIATIONS YOU'RE CURRENTLY HAVING WITH THE INSURANCE COMPANY? UH, THEY'RE WAITING ON ME TO GET THEM THE, UH, PAPERWORK NEEDED.
THEY WANT TO SEE MY, UH, PHONE CALL RECORDS, MY TEXT MESSAGE RECORDS.
UM, THEY NEED A SWORN AFFIDAVIT THAT THEY WON'T LET ME, UH, TAKE UNTIL I GIVE THEM ALL THE NECESSARY, NECESSARY PAPERWORK.
UM, UH, THERE'S ALSO, UM, ALMOST ALMOST A SURVEY OF THE, OF THE HOUSE.
UM, NOT REALLY A SURVEY, BUT, UH, PHOTOS TAKEN.
THEY WANT A PHOTO OF THE HOUSE BEFOREHAND, WHICH I'VE PROVIDED.
UH, THEY ALSO WANT THE, THE LIST OF ALL THE, UM, LOST ITEMS THAT I WILL BE CLAIMING ON INSURANCE.
UM, THEY WANT PHOTOS OF THOSE BEFOREHAND, BEFORE THE FIRE AS WELL.
UH, SO THAT'S, THAT'S MAINLY WHAT'S TAKEN THE LONGEST TO GET TOGETHER.
AND WHEN DID YOU BEGIN NEGOTIATIONS
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WITH THE INSURANCE COMPANY? I BELIEVE I CALLED THEM IN NOVEMBER.UM, DO WE HAVE ANY OTHER QUESTIONS? YES.
UM, MR. UH, SANDERS, RIGHT? YES, SIR.
HOW, HOW LONG HAVE YOU BEEN IN THAT HOUSE? HAS THAT BEEN YOUR RESIDENCE? UH, SINCE 2010.
UM, OH, YES, COMMISSIONER OF FRANCIS.
MR. SANDERS, YOU SAID YOU NEEDED A LITTLE MORE TIME.
WHAT WOULD THAT LOOK LIKE? I WOULD ASK, UH, FOR 30 DAYS, I'LL GET THE YARD CLEANED UP.
UM, I'LL GET THE BALL ROLLING ON INSURANCE.
UH, DO WHATEVER I NEED TO DO TO GET THAT DONE.
UM, I KNOW THE, THE, THE ORIGINAL, UM, CAN'T THINK RIGHT NOW.
UH, THE ORIGINAL REASONS THAT I WAS GIVING THE, UM, THESE GUYS, UH, WAS FOR THE MESSY YARD.
AND I'LL GET THE, THE MESSY YARD CLEANED UP.
UH, THERE'S NOT MUCH I CAN DO PERSONALLY WITH THE HOUSE.
UM, BUT WHAT I CAN DO IS TAKE, TAKE CARE OF THE YARD, THE FRONT AND BACKYARD, AND GET THAT TAKEN CARE OF.
I'M HAPPY TO SEE YOU ACKNOWLEDGE THAT THERE'S NOT A LOT YOU CAN DO WITH THE HOUSE ON YOUR OWN.
HAVE YOU TALKED WITH A CONTRACTOR OR ANYONE ABOUT WHAT IT WOULD TAKE TO DEMOLISH HALF OF IT AND THEN REBUILD? UM, I HAVE NOT TALKED WITH A DEMOLISH HER YET OR A COMPANY YET.
UM, UH, I WAS KIND OF, I'M, I'M, I'VE NEVER DONE THIS BEFORE, AND SO I BELIEVE THAT, UH, I WAS GUESSING THAT I WOULD NEED TO WAIT FOR THE INSURANCE, UM, TO, YOU KNOW, TO GIVE ME THEIR STATEMENT OF WHAT THEY, IF, IF THEY'RE GONNA COVER IT OR NOT.
AND THEN I WOULD TALK TO A, A CONTRACTOR.
I HAVE SPOKEN WITH, UH, MANY FRIENDS THAT HAVE DECIDED TO HELP ME GET THE YARD CLEANED UP.
I'VE HAD, UH, FOUR FRIENDS, UH, TWO TRUCKS, TWO TRAILERS, THAT ALL SAID THEY'D HELP ME GET THE STUFF CLEANED UP AND TAKEN TO THE DUMP.
AND, UM, I MEAN, ONLY SPEAKING FOR MYSELF HERE, I DON'T WANT TO SEE YOU LOSE YOUR HOUSE, BUT SEVERAL MONTHS NOW HAVE PASSED SINCE THE FIRE, AND I DO THINK IT WOULD CERTAINLY HELP YOUR CASE IF YOU COULD TAKE CARE OF ANYTHING THAT YOU CAN.
SO, UM, YOU KNOW, I DON'T KNOW HOW THE REST OF THE COMMISSION FEELS.
UM, I DO HAVE A COUPLE OF QUESTIONS MYSELF.
UM, SO YOU MENTIONED ABOUT THE INSURANCE NOT COVERING THE, THE, THE ITEMS INSIDE THE HOUSE.
DID THEY AGREE TO COVER THE ACTUAL STRUCTURE YET, OR NO? UM, I'M NOT SAYING THEY, THEY DIDN'T SAY THAT THEY WOULD COVER 'EM.
THEY WANTED A LIST OF ALL THE ITEMS I WILL BE CLAIMING.
UH, AS LOST THAT THEY, THAT I'LL BE CLAIMING, UM, TO GET REPAID BACK FOR.
YEAH, THAT'S, THEY HAVEN'T, UM, THEY HAVEN'T SAID WHETHER THEY'RE GOING TO, UH, COVER THEIR HOUSE YET OR NOT.
WELL, YOU FEEL CONFIDENT THAT THAT WOULD HAPPEN, RIGHT? BECAUSE YOU ASKED FOR AN EXTENSION OF 30 DAYS.
YOU THINK THAT THAT'S ENOUGH, UM, OF A TIME PERIOD FOR YOU TO YES, MA'AM.
GET THOSE ITEMS TO THE INSURANCE COMPANY? YES, MA'AM.
AND HOW LONG AGO DID YOU MOVE OUT OF THE, THE HOUSE OR DO YOU STILL LIVE THERE? NO, IT'S INHABIT.
UM, SO HOW LONG AGO DID YOU MOVE OUT THE, THE NIGHT OF THE FIRE? OCTOBER 4TH, 2020 21.
OKAY, WELL, UM, WE HAVE TO SPEAK TO THE OTHER PERSON THAT'S PRESENT REGARDING THIS PROPERTY AND THEN WE ARE GOING TO PROBABLY HAVE MORE QUESTIONS.
UM, MR. SANDERS, IF YOU DON'T MIND.
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HI, UH, MY NAME IS NOAH MARTIN.UH, MY WIFE LAURA AND I ARE THE OWNERS OF 80 10 GAT NEXT DOOR TO 80 12.
AND WE LIVED THERE NEXT TO TY FOR ABOUT SIX YEARS.
UM, OVER THE COURSE OF THE TIME LIVING THERE, WE SAW DEBRIS PILING UP AROUND TY'S HOUSE AND WE SAW THE CODE DEPARTMENT COME BY NUMEROUS TIMES TO GIVE HIM CITATIONS, BUT WE KIND OF KEPT TO OUR OWN AS THAT WAS HAPPENING.
UM, AND THE CITY DIDN'T REALLY DO ANYTHING ABOUT IT.
THEY JUST KEPT PROVIDING CITATIONS AND THE DEBRIS CONTINUED TO PILE UP.
ON OCTOBER 4TH, 2022, WE WOKE UP CUZ OUR DOG WAS DISTRAUGHT.
AROUND 4:30 AM WE WENT INTO THE LIVING ROOM.
MY WIFE SAW THAT THERE WERE FLAMES ON THE NEIGHBOR'S HOUSE.
WE QUICKLY GOT OUT OUR TWO AND FIVE YEAR OLD SONS AND MY WIFE CALLED 9 1 1.
WE WERE FORTUNATE WE GOT OUT JUST BEFORE THE FIRE SPREAD TO OUR HOME.
AS STATED IN THE FIRE REPORT, THE HOARDER LIGHT CONDITIONS AT 80 12 MADE THE FIRE REALLY DIFFICULT TO PUT OUT, AND IT CAUSED SIGNIFICANT DAMAGE TO OUR HOME, PUT OUR FAMILY IN DANGER UNLESS LEFT US DISPLACED.
THE BURN DOWN REMNANTS AND DEBRIS OF 80 12 HAVE NOW BEEN SITTING FOR SIX MONTHS.
THE CURRENT CONDITIONS ARE UNSAFE AND HAVE BEEN DRAWING UNWANTED ATTENTION.
AS TY SAID, OUR HOME IN OUR SHED WERE RECENTLY BROKEN INTO THE SHED WHERE WE WERE STORING ITEMS THAT WE DIDN'T HAVE ROOM TO IN OUR CURRENT RENTAL HOUSE.
MEANWHILE, WE HAVE TO PAY UP TO $200,000 OF OUR OWN MONEY ON TOP OF OUR INSURANCE COVERAGE TO RESTORE OUR HOME AND REPAIR ALL THE DAMAGES THAT THE INSURANCE ISN'T ABLE TO COVER.
THE CITY SHOULD HAVE DONE SOMETHING SOONER AND IT WAS IRRESPONSIBLE THAT THEY DIDN'T WE'RE SUPPOSED TO BE KEPT SAFE BY THE CITY AND NOTHING HAPPENED.
AND I KNOW TY EVEN ASKED TO DO THINGS MULTIPLE TIMES AND NOTHING REALLY CHANGED, AND THAT CAUSED THE FIRE TO CAUSE SIGNIFICANT DAMAGE TO OUR HOME.
SO WE'RE ASKING THAT YOU DO DEMOLISH THE PROPERTY OR TAKE CARE OF IT OR SOMETHING BECAUSE WE'VE HAD A LOT OF SIGNIFICANT LOSS DUE TO THIS FIRE.
UM, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE SPEAKER? OH, FOR THE CODE DEPARTMENT? UH, YES.
UM, MR. MARTIN, UH, THANK YOU FOR COMING AND TALKING WITH US THIS EVENING.
ARE YOU RENTING THE HOUSE NEXT DOOR OR DO YOU OWN THE HOUSE NEXT DOOR? WE OWN THE HOUSE AT 80 10.
UM, AND I ALSO HAD A QUESTION FOR YOU.
UM, YOU SAID YOU HAD REPORTED SEVERAL TIMES TO CODE REGARDING, WE DIDN'T REPORT, BUT WE NOTICED THE CITATIONS PILING UP.
I BELIEVE THE NEIGHBORS PUT IN REPORTS.
IT LOOKS LIKE WE DON'T HAVE ANY YES, GO AHEAD.
I MAY HAVE SOME ONLINE SPEAKERS.
I KNOW WE HAVE THREE OTHER, THREE OR FOUR OTHER, FIVE OTHER PEOPLE SIGN UP TO SPEAK FOR THIS PROPERTY.
YOU HAVE FOUR SPEAKERS ONLINE.
SO WE DO HAVE, OKAY, I'M CONFUSED.
DO WE HAVE AN ATTORNEY ONLINE? YES.
UM, SO WE HAVE MR. HUDA ONLINE FOR PENNY MAC.
CAN YOU, CAN YOU HEAR ME ALL RIGHT? MAYBE NOT.
UM, WE SHOULD ALSO HAVE, UH, ROBIN LORAN ONLINE.
AND WHAT ABOUT I'M A DISTRICT ATTORNEY
DO WE HAVE A SCOTT ETT ONLINE? UH, YES.
WHAT ABOUT, UH, LARA ETT? YES.
SO WE'LL START WITH MR. HUDA AND THEN, UH, WE'LL GO TO MR. AND MS. ETT HERE.
I THINK YOU MAY ALSO HAVE A DIANE MELZER.
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OKAY.WE HAVE A DIANA MELZER AS WELL.
MR. HUDA WILL GO FIRST AND THEN MS. MELZER AND, UM, THE DOTS AS WELL.
I DON'T KNOW IF YOU, MAY I PROCEED? CHAIRMAN
HI, MY NAME IS SAMMY HUDA AND I REPRESENT, UH, PENNY MAC LOAN SERVICES WHO HOLDS A MORTGAGE ON THIS PROPERTY AT 80 12 CALL.
UH, IT WAS REPORTED TO PENNY MAC ABOUT THE FIRE BACK IN OCTOBER OF 2022.
SUBSEQUENTLY, THEREAFTER, PENNY MAC HAS TAKEN APPRO, UH, HAS TAKEN, UM, INSPECTIONS OF THE HOUSE, UH, EVERY TWO WEEKS SINCE OCTOBER RECENTLY, PENNY MAC, UH, FILED AN INSURANCE CLAIM ON MARCH 13TH, 2023 WITH ITS HAZARD INSURANCE CARRIER.
UH, TO THIS POINT, THE HAZARD INSURANCE ASSESSOR HAS NOT BEEN ABLE TO MAKE IT TO THE PROPERTY.
UM, THEY INTEND ON MAKING IT SOMETIME WITHIN THE NEXT 30 DAYS TO ASSESS THE DAMAGE IN THE PROPERTY AND DETERMINE WHAT COVERAGE, IF ANY, WILL BE PROVIDED TO RESTORING THE PROPERTY AND OR PROVIDING TOWARDS THE DEMOLITION OF THE PROPERTY.
UH, AS SUCH, WE'D ASK THAT, UM, PENNY MAC, GIVEN THE OPPORTUNITY AS THE INTERESTED MORTGAGE COMPANY TO TAKE THE STEPS OF CLAIMING ITS INSURANCE CLAIM AND BE PROVIDED THE OPPORTUNITY TO EITHER RESTORE AND OR DEMOLISH THE PROPERTY AHEAD OF ANY ACTION TAKEN BY THE COURT OF CODE ENFORCEMENT, UH, UH, DEPARTMENT.
UM, WITH THAT, I'LL CLOSE AND, UH, OPEN IT UP FOR ANY QUESTIONS YOU MIGHT HAVE.
UM, ANY QUESTIONS FROM THE COMMISSIONERS? ALL RIGHT.
UM, SO THIS PROCEDURE, THIS PROCESS, YOU'RE ASKING TO BE, UM, ALLOWED TO COMPLETE.
WHAT IS YOUR ESTIMATION OF HOW LONG THAT PROCESS WILL TAKE? THE INSURANCE COMPANY HAS TOLD US I'LL HAVE A ADJUSTER OUT THERE WITHIN THE NEXT 30 DAYS.
UM, WE HAVE A CONTRACTING COMPANY THAT'S BEEN GOING OUT THERE.
UH, THEY HAVE NOT BEEN ABLE TO ASSESS THE DAMAGE BECAUSE OF THE FENCING.
UM, IF WE ARE GRANTED ACCESS EITHER WITHIN THOSE 30 DAYS OR SOMETIME THEREAFTER, WE CAN ASSESS THE DAMAGE, MAKE A DETERMINATION WHETHER DEMOLITION AND OR RESTORATION IS THE BEST OPTION.
SO 30 TO 60 DAYS IS WHAT I'VE ASKED FOR.
SO IN YOUR ESTIMATION, 30 TO 60 DAYS ALLOWS YOU TO DO THE INSPECTION AND TO DETERMINE WHETHER YOU CAN SALVAGE IT OR WHETHER YOU NEED TO WANT TO DEMOLISH IT? THAT'S WHAT YOU'RE SAYING? CORRECT.
DID WE HAVE ANOTHER COMMISSIONER? I OKAY.
SO I JUST WANNA MAKE SURE THAT YOU, MR WHO, WHO DO YOU REPRESENT THE MORTGAGE COMPANY, IS THAT RIGHT? THAT IS CORRECT, YES.
SO HAVE YOU BEEN IN TOUCH WITH, UM, MR. SANDERS TO COORDINATE THE INSURANCE CLAIM? WE HAVE HAD NO CONTACT WITH MR. SANDERS.
WELL, I'M, I'M A LITTLE CONFUSED ON WHO'S THE, WHOSE INSURED IS GONNA BE PAYING FOR OTHERS.
WELL, MR. HUDA, DO YOU WANNA EXPLAIN THE PROCESS REGARDING THE INSURED, UM, THE RELATIONSHIP BETWEEN THE INSURED AND THE MORTGAGE LENDER SO THAT EVERYBODY'S CLEAR? SURE.
UH, MORTGAGE COMPANIES, UM, VERY OFTEN CARRY HAZARD INSURANCE ON THE PROPERTIES THEMSELVES IF THERE'S BEEN A LAPSE IN COVERAGE OR IF COVERAGE IS REQUESTED FROM THE MORTGAGE E UH, MORTGAGE DOOR.
AND IT'S NOT PROVIDED IN THIS INSTANCE, COVERAGE, UH, WAS REQUESTED.
SO PENNY MAC SECURED ITS OWN MORTGAGE HAZARD INSURANCE COVERAGE ON THE PROPERTY.
UH, IT'S MAKING A CLAIM AGAINST THE HAZARD INSURANCE.
I DON'T KNOW WHAT MR. SANDERS'S COVERAGE LOOKS LIKE, AND I DON'T KNOW WHAT IT IS, SO I CAN'T SPEAK TO IF HIS INSURANCE COMPANY WILL CARRY IT OR NOT.
UM, IF IT'S DETERMINED THAT MR. SANDERS DOES HAVE VALID INSURANCE AND THAT IT WOULD BE COVERED, THEN THERE'LL PROBABLY BE A SUBROGATION CLAIM FROM THE HAZARD INSURANCE COMPANY TO MR. SANDERS INSURANCE COMPANY.
I DON'T THINK WE HAVE ANY OTHER QUESTIONS RIGHT NOW, SO THANK YOU.
MS. MELZER, CAN YOU HEAR ME? SHE'S CURRENTLY MUTED.
OH, MS. MELZER, CAN YOU UN MUTE PLEASE.
OKAY, WELL, WE'LL GO AHEAD AND MOVE ON TO, UH, MS. LORRE.
[00:35:02]
SHE'S CURRENTLY NOT HERE.UM, WHAT ABOUT MR. ETT? UH, YES.
AND MR. ETT, CAN YOU HEAR ME? COULD YOU PLEASE UNMUTE YOURSELF? OKAY.
WHAT ABOUT MRS. ETT? SHE IS ALSO HERE.
MRS. ETT, CAN YOU HEAR ME? HELLO? I'M UNMUTED NOW, I THINK.
UH, I AM AARA GOSSETT'S FATHER, UH, THE OWNER OF 80 10.
AND I WANT TO PLEAD TO YOU THAT, UH, THIS IS A CORRECT USE OF YOUR DEMOLITION AUTHORITY BY ORDINANCE, AND TO NOT GIVE US A VARIABLE INFINITE TIME STEP, AND THEREBY DO NOT GRANT EXTENSIONS TO EITHER MR. SANDERS OR THE MORTGAGE COMPANY.
UH, THE CURRENT STRUCTURE IS DILAPIDATED, HAD ONLY BEEN SEMI OCCUPIED FOR A YEAR, AND WE HAVE JUST LEARNED IS POTENTIALLY UNINSURED AND UNSECURE.
IN ADDITION, UH, THE DIOXIN FROM THE BURNING POLYVINYL CHLOROX, UH, CHLORIDE SIDING PRESENTS A HAZARDOUS WASTE COMPONENT ON THIS LOT.
IN ADDITION TO BEING NEAR A SCHOOL, THERE ARE ALSO AT LEAST THREE FAMILIES WITH CHILDREN OF FIVE YEARS OR LESS WITHIN 50 METERS OF THIS PROPERTY.
THE FIRE WAS SEVEN MONTHS AGO.
MY DAUGHTER AND HER HUSBAND HAVE FILED AN AFFIDAVIT AND HAVE MADE PROMISES THAT SIGNIFICANT LIABILITY TO REBUILD THEIR HOME.
ANY EXTENSION TO MR. SANDERS IS, UH, ABUSIVE.
HE PRESENTED NO PLAN FOR THE DEMO OR THE REBUILD.
HE PROVIDED NO TIME STEP IN TERMS OF WHAT OR WHEN THINGS WOULD HAPPEN, ONLY EXCUSES AS TO WHY NOTHING HAS HAPPENED.
AND WE'RE TALKING ABOUT A PROPERTY WHERE RESIDENTS HAVE BEEN COMPLAINING ABOUT ACCUMULATED DEBRIS, WATER FILLED CONTAINERS TWO, 2021.
UH, PLEASE DON'T GRANT AN EXTENSION, MOVE FORWARD, FORCE PEOPLE ONTO YOUR SCHEDULE.
UH, THIS INCLUDES MR. SANDERS AND THE, UH, MORTGAGE HOLDER.
UH, THANK YOU SO MUCH FOR YOUR, UH, UH, YOUR EFFORTS, UH, AND YOUR WORK FOR THE CITY OF AUSTIN.
WE APPRECIATE YOU THESE GIVING US THAT BACKGROUND INFORMATION.
DID MRS. ETT STILL WANT TO SPEAK? SHE'S, YES, MA'AM.
UM, I, I'M TALKING OVER SOMEONE.
UM, COULD YOU REPEAT YOUR FULL NAME, PLEASE? YES.
CAN YOU HEAR ME OKAY? YES, I CAN HEAR YOU.
THANKS FOR YOUR TIME, EVERYONE.
AS YOU'VE ALREADY HEARD, MY HUSBAND NOAH MARTIN AND I HAVE OWNED 80 10 GOLF FOR SIX YEARS, WHERE WE LIVE WITH OUR TWO YOUNG CHILDREN WHO ARE TWO YEARS OLD AND FIVE YEARS OLD.
SO WE'VE BEEN DISPLACED FOR FIVE MONTHS ALREADY DUE TO THE FIRE AT 80 12 VAULT THAT'S SPREAD TO OUR HOUSE.
SO I JUST WANNA CITE THAT ON AUSTIN TEXAS.GOV, THERE IS A PAGE NAMED SAFE AND SOUND WITH AUSTIN CODE, WHICH STATES CLEARLY THAT DANGEROUS STRUCTURES MUST BE MADE SAFE OR DEMOLISHED.
THIS IS HARD TO SUM AS SOMEONE WHO HAS WITNESSED AUSTIN CODE CONTINUALLY NOT TAKE ACTION ON NUMEROUS VIOLATION CODES AND THREE 11 COMPLAINTS ABOUT 80 12 VOLT FOR YEARS AS IT CONTINUES, AS THE CONDITIONS HAVE CONTINUED TO WORSEN, THIS FIRE WAS SET WHEN THE OWNER WHO HAD NO WATER AND NO POWER LIT A CANDLE IN THEIR HOUSE, WALKED AWAY FROM IT, AND IT TIPPED OVER.
CAN YOU IMAGINE THAT
SO OFTEN CODE DID NOTHING TO PREVENT THIS PERSON FROM ENTERING AND INHABITING A CLEARLY UNSAFE STRUCTURE.
WHEN HOUSES BURN IN A FIRE, SO DOES EVERYTHING INSIDE OF THEM.
NOT ONLY THINGS LIKE KEEPSAKES AND CLOTHES AND MEMORIES, BUT ALSO INSULATION AND PAINTS, SEALANTS, ELECTRONICS, KITCHEN APPLIANCES,
[00:40:01]
AND MORE.ALL OF THAT HAS TURNED TO ASH STAR AND VOLATILE ORGANIC COMPOUNDS, WHICH INCLUDE TOXIC CHEMICALS LIKE BENZENE AND FORMALDEHYDE, INCLUDING THE ONES MY FATHER NAMED THE AIR AROUND 80 12 GULF IS BEING POISONED BY THESE CHEMICALS.
THE STRUCTURE AT 80 12 GOLF IS AN ENVIRONMENTAL HAZARD.
IT'S A SAFETY HAZARD THAT NEEDS TO BE DEMOLISHED.
I UNDERSTAND THAT TY DOESN'T WANNA LOSE HIS HOME, AND I WISH THERE WERE ANOTHER WAY, BUT THIS DECISION IS CRYSTAL CLEAR.
WE NEED A SWIFT TIMELINE TO CLEAR THAT PROPERTY MY FAMILY FACES A, FACES A HUGE FINANCIAL UNDERTAKING, TAKING OUT A HOME EQUITY LOAN JUST TO REBUILD OUR HOUSE DUE TO A FIRE THAT COULD HAVE BEEN PREVENTED IF AUSTIN CODE WOULD'VE BEEN FORCED, THE VIOLATIONS AT 80 12 GULF STREET.
SO AS TAXPAYERS AND AS COMMUNITY MEMBERS, WE COUNT ON YOU TO KEEP US SAFE AND SOUND.
I'M URGING YOU TO SWIFTLY DEMOLISH AND CLEAR 80 12 GULF STREET FOR THE HEALTH AND THE SAFETY OF ME AND MY CHILDREN, AND MY HUSBAND AND OUR NEIGHBORS ON GOLD STREET.
UM, DO WE HAVE ANY QUESTIONS FOR THE PEOPLE THAT ALREADY SPOKE? YES.
WHERE DO YOU IMAGINE MR. SANDERS WILL LIVE ONCE HIS HOUSE IS DEMOLISHED? THAT IS A GOOD, I HE TRULY WASN'T LIVING THERE EVEN A QUARTER TIME WHEN THIS FIRE HAPPENED, SO HE MUST HAVE BEEN LIVING SOMEWHERE.
UM, I, I WISH THAT THERE WERE BETTER SERVICES FOR ALSO FOLKS THAT ARE EXPERIENCING DISPLACEMENT, BUT I, I SUPPOSE THAT, I DON'T KNOW HIS FAMILY STRUCTURE OR IF HE HAS PEOPLE TO LEAN ON.
I HOPE, I HOPE THAT THERE'S PEOPLE THAT CAN HELP AND BE A SUPPORT FOR HIM, BUT I, I TRULY DON'T KNOW.
I GUESS SINCE I, I, I GUESS SINCE YOU SAID CETS, I'LL RESPOND TO THAT.
UH, UH, MY COUNTER WOULD BE WHERE ARE MY DAUGHTER, HER HUSBAND, AND MY TWO GRANDSONS GOING TO LIVE NEXT TO A CONTAMINATED PIECE OF PROPERTY, ARE IN A HEALTHY NETWORK AND HEALTHY COMMUNITY.
UM, WE APPRECIATE YOUR RESPONSE.
UM, DO YOU HAVE ANYTHING FURTHER, COMMISSIONER FRYBERGER? NO, THANK YOU.
JUST A QUICK QUESTION, UM, TO THE CALLERS, THERE WERE SEVERAL REFERENCES, I THINK, FROM BOTH TO SPECIFIC CHEMICALS PRESENT ON THEIR PROPERTY.
I JUST WONDERED IF THAT'S BASED ON, HAVE YOU HAD A LABORATORY COME OUT, OR, OR, OR WHAT IS THAT? WHY ARE YOU, WHERE, WHY ARE THE REFERENCE TO THOSE SPECIFIC CHEMICALS ON YOUR PROPERTY? MY, UM, ME NAMING CHEMICALS LIKE BENZENE AND ALDEHYDE ARE IN, UM, MANY OF ORGANIC COMPOUNDS THAT ARE FOUND INSIDE OF COMMON HOME.
UM, SO IN KITCHEN APPLIANCES, ELECTRONICS, ET CETERA.
SO THAT IS A, THAT IS A PIECE OF INFORMATION THAT WOULD RELATE TO A HOME THAT HAD, UH, APPLIANCES IN IT.
AND MY REFERENCE IS TO, UH, A CONSUMER REPORTS ARTICLE THAT STATES VINYL, OTHERWISE KNOWN AS POLYVINYL CHLORIDE, COMPOSE A DANGER TO HUMAN HEALTH ENGINE.
THE ENVIRONMENT UNDER EXTREME CONDITIONS, FOR INSTANCE, WHEN IT'S BURNED IN A HIGH TEMPERATURE FIRE, SOME OF THE TOXIC COMPONENTS SUCH AS CHLORINE, GAS AND THE CARCINOGEN DIOXIN ARE RELEASED INTO THE ENVIRONMENT.
WE DON'T HAVE ANY ACCESS TO THIS PROPERTY
MY CONTENTION IS THAT THE FIRE HAS CONTAMINATED THE 80 12 LOT FOR CERTAIN, YEAH.
I THOUGHT YOU HAD TALKED ABOUT YOUR PROPERTY.
UM, COMMISSION NAAD
THIS IS SOME, THIS IS SOMETHING IN THE WAY OF A POINT OF ORDER.
[00:45:01]
BELATED POINT OF ORDER.UM, BUT I, I, I, I'M NOT SURE HOW SPECIFIC OUR RULES AND BYLAWS ARE ABOUT THIS, BUT YOU KNOW, IT STRIKES ME THAT WE'VE HEARD FROM MR. NOAH AND HIS SPOUSES, MS. DORSA, DOSSETT, PARDON ME.
AND THEN I BELIEVE IT WAS MR. DOSSETT WAS THE, WAS, UH, THE MR. UM, UH, MARTIN'S FATHER-IN-LAW, IF THAT, IF THAT'S RIGHT.
AND THEN, UM, AND SO IT JUST STRIKES ME THAT FROM A TIMEKEEPING STANDPOINT, WE'VE ESSENTIALLY HEARD FROM THREE IDENTICALLY ALIGNED PERSONS WITH THE EXACT SAME INTEREST IN THE NEIGHBORING PROPERTY, UM, AS THOUGH THEY WERE THREE, UH, SUCCESSIVE WITNESSES.
AND, AND, AND IN FACT, IT, IT REALLY, IT JUST, IT JUST STRIKES ME THAT THIS IS, THIS IS REALLY ONE PARTY WITH JUST THREE VOICES.
I, I I DON'T KNOW WHAT, WHAT I'M, WHAT I'M ASKING FOR HERE.
I MEAN, I, I ACTUALLY ATTEMPTED TO INTERRUPT THE TESTIMONY, UM, WITH THE IDEA THAT MAYBE IT SHOULD BE, SHOULD BE STOPPED AS EXCEEDING, UM, AS EXCEEDING TODAY.
UM, BUT IT, IT JUST STRIKES ME AS, AS, AS IN INAPPROPRIATE SOMEHOW THAT, THAT WE SHOULD BE ASKED TO WEIGH THE TESTIMONY OF, UM, YOU KNOW, SUCCESSIVE INDIVIDUALS ALL BASICALLY RAISING THE SAME POINTS, YOU KNOW, UM, UH, WHEN THEIR, WHEN THEIR, THEIR INTEREST IS IDENTICAL.
THAT IS, IT IS AN INTEREST IN THE 80 10 GULF, UH, WHICH IS A PARTY, A PROPERTY ADJOINING THE, THE SUBJECT PROPERTY, UH, OR NEIGHBORING THE SUBJECT PROPERTY RATHER.
SO I, I JUST, I JUST WANTED TO RAISE THAT BY WAY OF A POINT OF ORDER.
I'M NOT, I'M NOT SURE, OR MAYBE EVEN A PARLIAMENTARY INQUIRY, MAYBE IT JUST FALLS SHORT OF A POINT OF ORDER.
I'M NOT SURE WHAT'S TO BE DONE.
I, I JUST WANTED TO RAISE THAT FOR THE CHAIR'S ATTENTION.
UH, I'LL YIELD THANK YOU, COMMISSIONER.
AND, UM, I HAD SOME OF THE SAME CONCERNS, BUT AT THE SAME TIME, I THINK THE TESTIMONY WAS NOT, UH, SHOULD I SAY, IT WASN'T REALLY REDUNDANT IN SOME WAYS.
AND I BELIEVE THOSE PARTIES DO HAVE INTEREST, UM, BEING THAT THEIR GRANDCHILDREN DO LIVE THERE.
SO PRESENT
UM, WE'LL GO AHEAD AND MOVE ON IF WE HAVE, UM, MS. MELZER BACK ONLINE AND UNMUTED, UH, MS. MELZER.
SO, UM, THOSE WILL BE ALL THE SPEAKERS REGARDING THIS, THIS PARTICULAR PROPERTY.
MS. MELZER, PLEASE UNMUTE AND GO AHEAD WITH YOUR, UH, TESTIMONY.
I THINK SHE'S PROBABLY HAVING TECHNICAL ISSUES.
UM, I DO HAVE A QUESTION THAT I'LL DIRECT TO THE FIRE MARSHAL.
CHIEF BKE, WHAT DO YOU THINK, UM, IN TERMS OF THE STABILITY OF THIS STRUCTURE, AS YOU'VE HEARD THE TESTIMONY TONIGHT? UM, AND IF IT WILL BE, UH, HUGE RISK TO DELAY MORE THAN THE 45 DAYS THAT'S BEEN REQUESTED BY? UH, SURE.
SO WHAT, WHAT I WOULD SPEAK TO IS, UH, FIRST, FIRST OFF THE, THE, THE HOUSE THATS OBVIOUSLY HAVE SIGNIFICANT DAMAGE, WHICH IS A CONCERN, UH, IF THERE WERE A FIRE IN THE HOUSE, AGAIN, IT WOULD SPREAD VERY QUICKLY.
UH, AND MY OTHER CONCERN IS THE CLOSE PROXIMITY OF THE ADJACENT STRUCTURES, UM, AND, AND FIRE SPREAD TO THOSE.
SO THOSE ARE MY TWO MAIN CONCERNS, AND I THINK THAT THE SOONER THOSE ARE ADDRESSED, THE BETTER.
UM, DO WE HAVE ANY OTHER QUESTIONS FROM THE COMMISSIONERS OR COMMENTS? OKAY, COMMISSIONER MUELLER, UM, THIS IS ALSO A QUESTION FOR THE FIRE MARSHAL AND POSSIBLY FOR THE CODE OFFICER.
UM, I'D LIKE TO HEAR YOUR OPINION ON WHETHER OR NOT YOU THINK IT'S REALISTIC TO REPAIR THE STRUCTURE AS OPPOSED TO DEMOLISH IT.
JUST BASED ON THE FEW PICTURES I, I'VE SEEN, I'M NOT SURE I'M COMFORTABLE WITH, UH, WITH, UH, GIVING A, AN ASSESSMENT OF THAT.
I DON'T KNOW IF CODE HAS ANY, SEEN ANYTHING DIFFERENT.
I HAVEN'T BEEN INSIDE THE STRUCTURE TO REALLY SPEAK TO THAT, AND CERTAINLY NOT AN ENGINEER.
UM, IT MAY FALL TO DEVELOPMENT SERVICES ONCE, YOU KNOW, APPLICATIONS ARE SUBMITTED FOR REPAIR OR DEMOLITION AS TO WHAT'S POSSIBLE, IT MAY BE IN THAT PLAN REVIEW PROCESS, THEY CAN ASSESS THOSE ITEMS. ALL RIGHT.
I DO HAVE A QUESTION AS WELL, A FOLLOW UP.
UM, I KNOW THAT IT LOOKS LIKE THE ORIGINAL DATE
[00:50:01]
OF, UM, THE VIOLATIONS WAS IN MAY OF 2021.UM, AND THAT WAS DUE TO, UH, RUBBISH AND TRASH AND THINGS LIKE THAT.
UM, WERE ANY OF THOSE ADDRESSED PRIOR TO THE FIRE AT ALL? UM, THEY WERE, THERE'S, YOU KNOW, EVEN PRIOR TO 2021, THERE'S A LOT OF BACK AND FORTH ABOUT, UM, THE ACCUMULATION OF RUBBISH UP A LOT, AND THEN THE REMOVAL OF RUBBISH, UM, BEGINNING IN 2021 FOR THIS CASE.
UM, WE, A LOT OF BACK AND FORTH IS DOCUMENTED WITH THE OWNER ABOUT IMPROVING THE CONDITION, REMOVING RUBBISH, AND EVENTUALLY, EVEN WITH THE AGREEMENT OF THE O OWNER, WE HAD A CONTRACTOR COME TO THE SITE, I FORGET THE DATE, IT'S IN THE CASE HISTORY.
UM, AND THEY BROUGHT CREWS AND TRAILERS AND REMOVED EVERYTHING FROM THE SITE, UM, THAT WE COULD AGREE WITH.
THE OWNER WAS PLAINLY OBVIOUS AS RUBBISH, UM, LEAVING ONLY MATERIAL AT THE BACKYARD THAT WAS BEING ORGANIZED AND STORED.
UM, AND THAT PROCESS WAS COMPLETE, BUT WE KEPT THE CASE OPEN.
WE DIDN'T CLOSE IT, UM, REALIZING THAT WE NEEDED TO CONTINUE TO MONITOR IT.
UM, BUT IT CONTINUED TO ACCUMULATE RUBBISH AFTER THAT.
AND WE'RE ACTUALLY WENT THROUGH ONE ADMINISTRATIVE HEARING AND WERE POSTING NOTICE FOR A NEW HEARING, UM, THE DAY BEFORE THE FIRE EVENT.
AND THOSE DETAILS ARE IN THE CASE HISTORY.
UM, I BELIEVE WE WERE ON SITE OCTOBER 3RD AND THEN CAME TO LEARN THE MORNING OF OCTOBER 4TH THAT THERE'D BEEN A FIRE AT THE PROPERTY AND CREATED A NEW NOTICE AND THEN, YOU KNOW, BEGAN TREATING THE PROPERTY FOR THE FIRE DAMAGE STRUCTURE.
UM, WELL, YEAH, MOVE TO CLOSE THE HEARING.
UH, WE HAVE A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.
WE HAVE A SECOND BY COMMISSIONER MUELLER.
AND IS THERE ANYBODY THAT'S OPPOSED TO CLOSING THE PUBLIC HEARING? NO.
UM, SO COMMISSIONERS, THIS IS GOING TO BE MAYBE ONE OF THE TOUGHER ONES.
UM, DO WE HAVE ANY COMMENTS OR, YES, GO AHEAD.
REMIND ME AGAIN WHAT THE ROBERT LAG TIME IS ON THIS TRUCK.
WHEN IF, IF WE SAY WE'RE GONNA DEMO, I KNOW WE'VE TALKED A COUPLE TIMES, I JUST DON'T RECALL WHAT THAT GAP USUALLY IS BETWEEN THE TIME WE SAY GO AND THE 45 DAYS PASSES.
AND WHEN YOU GUYS PULL THE TRIGGER ON THAT.
SO THERE'S 10 DAYS FROM, UH, ROBERT, DID YOU WANNA ANSWER? UM, WE HAVE 10 DAYS FROM THE DATE OF THE HEARING TO SEND THE, OR COPY, SEND A COPY OF THE ORDER TO THE OWNER, AND THEN THE TIMEFRAME WOULD START FROM THE DATE THAT WE MAILED THE, THE ORDER.
SO IF WE, IF YOU ISSUE AN ORDER FOR 45 DAYS, THEN THERE WOULD BE ANOTHER 10 DAYS ON, OR APPROXIMATELY 10 DAYS ON TOP OF THAT, UM, THAT THEIR TIMEFRAME WOULD START.
AND THEN AFTER THAT TIMEFRAME ENDS, THEN THE CITY COULD, THE DAY AFTER THAT TIMEFRAME ENDS.
SO IF IT'S 40, SAY IT'S 55 DAYS, THEN SURE 56 DAY, THE, THE CITY COULD START THEIR PROCESS.
BUT THEN THE GAP THAT, AND YOU'RE TALKING ABOUT THE GAP OF TIME, RIGHT? IT SOMETIMES TAKES THE CITY UP TO, WHAT, SIX MONTHS TO YEAH, IT'S, IT'S A LENGTHY PROCESS.
I MEAN, IT COULD BE SIX TO EIGHT MONTHS.
SO I MEAN, IT WOULD DEFINITELY SATISFY WHAT THE MORTGAGE GUYS ASKING, RIGHT.
MR. SANDERS, THAT GIVES YOU SOME TIME AND THAT KEEPS THE CLOCK TURNING, SO THE WHEELS ARE SPINNING.
THAT WAS A GREAT QUESTION, COMMISSIONER MUELLER.
UH, SO MY QUESTION FOR STAFF IS, SO IF, IF WE WENT WITH THE EXISTING ORDER AND, UM, THE OWNER AND THE MORTGAGE COMPANY AND THE INSURANCE PEOPLE, YOU KNOW, DID THEIR REVIEW AND CAME UP WITH SOMETHING AND, AND HAD A PROPOSAL, THEY WOULD BE ABLE TO COME BACK.
IF THEY DECIDE IF THE INSURANCE COMPANY SAID, YES, WE'RE GONNA COVER IT, YES, IT SHOULD BE REBUILT, THEY WOULD BE ABLE TO COME BACK AND SAY, UH, WE'VE SUBMITTED A PERMIT, YOU KNOW, WE HAVE THE MEANS NOW TO DO THIS, AND THEN, AND IT WOULD NOT BE DEMOLISHED.
BUT IF THEY ARE UNABLE TO DO THAT, THEN THE PROCESS WOULD MOVE FORWARD.
IS THAT THE CORRECT UNDERSTANDING OF THAT? THAT IS CORRECT, YES.
IF THEY'VE, IF THEY'VE GOT A PERMIT, UM, TO REMODEL OR TO REPAIR, THEN YES, THEY WOULD, THEY DON'T HAVE TO COME BACK HERE.
UM, ANYTHING THAT'S VERY HELPFUL.
SO DOES ANYBODY WANT TO TAKE A STAB AT A MOTION ON THIS ONE? MADAM CHAIR? OKAY.
I MOVE TO ADOPT THE STAFF'S RECOMMENDATIONS.
[00:55:01]
COMMISSIONER FRANCIS TO ADOPT STAFF'S RECOMMENDATIONS.AND WE HAVE A SECOND FROM COMMISSIONER MUELLER.
UM, MADAM CHAIR, CAN WE HAVE A MOTION TO, UM, ALSO ACCEPT STAFF'S FINDINGS OF FACT? UH, OKAY.
DID I, I'M SORRY, I'VE LEFT THAT OFF SO I, CAN YOU REPHRASE YOUR MOTION? OH, THAT'S FROM YOU.
COMMISSIONER FRANCIS, CAN YOU REPHRASE YOUR MOTION? UH, ADOPT STEPS PROPOSED FINDING THE FACTS AND CONCLUSIONS, AND ADOPT THE RECOMMENDATION.
AND DO WE HAVE A SECOND ON THAT ONE? I SECOND.
AND I'LL GO AHEAD AND CALL THE VOTES, CUZ I BELIEVE WE, I CAN READ THE ROOM AND I THINK WE ARE READY FOR THE VOTE.
COMMISSION, ELLI, HOW DO YOU VOTE? I VOTE IN FAVOR.
COMMISSION AM UM, COMMISSIONER FRYBERGER? I'M IN FAVOR.
AND I'M ALSO IN FAVOR, UM, AND OF COURSE, COMMISSIONER FRANCIS AYE.
WHAT ABOUT COMMISSIONER TOAD? AYE.
SO, UM, MR. SANDERS, YOU'VE HEARD EVERYBODY HERE TONIGHT AND YOU UNDERSTAND, AND WE APPRECIATE YOU COMING AND LETTING US KNOW THAT YOU'RE MAKING SOME EFFORT.
SO I, I WOULD SAY YOU DO HAVE SOME TIME AS YOU'VE HEARD, AND HOPEFULLY EVERYTHING COMES TOGETHER WELL AND, UM, YOU'RE ABLE TO SAVE THE HOME BECAUSE THAT'S WHAT WE WOULD PREFER AS WELL.
WELL, THANK YOU FOR BEING HERE AND GOOD LUCK.
WE'LL MOVE ON TO CHAIR IF WE COULD HEAR, UM, 95 10 NORTH CREEK DRIVE.
[6. Case Number: CL 2023-014929]
NUMBER SIX ON THE AGENDA AND IT'S CASE NUMBER CL 20 23 0 1 4 9 29.AS REGARDING THE PROPERTY LOCATED AT 9,510 NORTH CREEK DRIVE, STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READER'S OR GOOGLE DRIVE FOLDER.
THIS CASE WAS OPENED IN JULY, 2022 AS A RESULT OF A FIRE.
THIS CASE IS REGARDING AN UNOCCUPIED SINGLE STORY RESIDENTIAL STRUCTURE, WHICH IS HOMESTEADED THE NEGLECT.
THE NEGLECTED STRUCTURE IS SUFFERED, SEVERE FIRE, DAMAGE IS UNSAFE AND UNINHABITABLE.
THERE IS NO RECORD OF A PERMIT APPLICATION IN OUR DATABASE TO DATE FOR REPAIR OR DEMOLITION.
THIS STRUCTURE IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS AND REQUIRES DEMOLITION.
IN 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, AS WELL AS A FIRE INCIDENT REPORT, EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR DARREN WESLEY IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR WESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS DARREN WESLEY, AN INSPECTOR WITH THE CITY OF AUSTIN CO DEPARTMENT.
I'LL BE, I'LL BE PRESENTING THE CASE FOR 95 10 NORTH CREEK BOULEVARD.
ON JULY 15TH, 2022, WE RECEIVED A REPORT FROM THE AUSTIN FIRE DEPARTMENT VIA THREE 11 REGARDING A FIRE DAMAGE STRUCTURE.
ON JULY 16TH, 2022, AN INITIAL INSPECTOR WAS PERFORMED.
THE INSPECTOR OBSERVED A SINGLE FAMILY STRUCTURE THAT WAS BURNED THROUGHOUT SOME CHARGED STRUCTURAL MEMBERS, A PARTIAL ROOF AND SOME PARTIAL WALLS REMAINING.
THE INSPECTOR CALLED THE CITY'S FENCING CONTRACTOR AND HAD THEM FENCE OFF THE STRUCTURE PROHIBITING ENTRY ONTO THE PROPERTY, A WARNING PLACARD AND A NOTICE OF EMERGENCY BOARD AND SECURE WAS PLACED ON THE FENCE.
THE EMERGENCY BOARD AND SECURE NOTICE AND THE NOTICE OF VIOLATION WERE BOTH MAILED ON JULY 18TH, 2022 FOR THE UNSAFE CONDITIONS, STRUCTURAL DAMAGE AND THE UNSANITARY CONDITIONS FOR THE FIRE DEBRIS.
A CERTIFIED LETTER WAS MAILED TO THE OWNER LISTED WITH THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS.
THE SAME NOTICE WAS POSTED ON SITE AT THE PROPERTY IN A CONSPICUOUS LOCATION.
THE ONLY COMMUNICATION WITH A PROPERTY REPRESENTATIVE WAS DURING AN INSPECTION CONDUCTED ON DECEMBER THE SEVENTH, DECEMBER THE SEVENTH OF 2022.
[01:00:01]
A LADY IDENTIFIED HERSELF AS G AND STATED SHE KNEW THE OWNER AND STATED THAT SHE WOULD TALK TO HIM DURING A PHONE CALL, G PUT THE PROPERTY OWNER ON SPEAKER, AND WE HAD A BRIEF CONVERSATION WITH POSSIBLE CONTACT FROM THE OWNER TO THE INSPECTOR ON A LATER DATE.THERE HAS BEEN NO FURTHER CONTACT FROM THE PROPERTY OWNER.
UH, DURING THE POSTING OF THE BSC NOTIFICATION, THE OWNER WAS PRESENT AND TOLD THE INSPECTOR HE WOULD BE AT THE HEARING.
I WILL NOW TAKE, UH, YOU THROUGH THE PHOTOGRAPHS.
THE FIRST PHOTOGRAPH HERE IS TWO A.
IT'S GOING TO BE A CONTEXTUAL PHOTO OF THE PROPERTY, UH, FOR THE FIRE DEMONST STRUCTURE THAT ACTUALLY, UH, THE, THE DAY THAT IT WAS WHEN, WHEN CODE RESPONDED, UH, VIA THE THREE 11 CALL.
THIS PHOTO TWO B IS THE, UH, PHOTO THAT'S FILED THAT SAME DAY.
IT SHOWS THE, UH, JUST A CLOSER VIEW OF THE, THE STRUCTURAL, UH, DAMAGE AND REMAINING WALLS AND THINGS, THE, THE CHART WALLS AND THINGS NEXT.
THIS IS THE, UH, AFTER THE PROPERTY HAD BEEN FENCED BY THE CONTRACTOR, WE, SO WE, UH, PLACED A PHOTO IN HERE OF THAT, WHICH ALSO HAS THE PLACARD, AND THAT'S, UH, ANOTHER CONTEXTUAL PHOTO.
NEXT, UH, THIS IS A CLOSEUP OF THE, THE 2D.
THIS IS A UP OF THE, THE, UH, PLACARD PLACED ON THE PROPERTY THE DAY OF THE FENCING.
AND THIS PHOTO IS AN UPDATED, THIS IS MORE OF AN UPDATED PHOTO SHOWING THE, THE FLOW OF HOW THINGS WERE AND THAT SOME WORK HAS BEEN DONE.
SOME OF THE PROPERTY OR THE DAMAGE, UH, RUBBISH DEBRIS HAD BEEN REMOVED, LIKE THE VEHICLES AND THINGS OF THAT NATURE.
BUT IT'S STILL NOT, UH, NOT, UH, NOT READY.
AND THE NEXT PHOTO IS JUST, IT'S A CLOSEUP OF THIS, OF THE SAME POSTING OF THE LAST PHOTO, JUST A CLOSEUP TO, UH, SO YOU CAN SEE THAT THERE'S STILL, IT STILL REMAINS THE SAME.
AND THE LAST PHOTO IS A CLOSEUP OF THE PLACARD SHOWING THAT IT'S BEEN THERE, UH, AND NOTHING'S CHANGED.
AND, UM, AND AFTER SHOWING YOU THESE PHOTOS, UH, UH, WENT THROUGH AND THE OWNER HAS NOT, UH, HAS NOT OBTAINED ANY OF THE, UM, NECESSARY OR REQUIRED PERMITS.
THAT CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH 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 G.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND ORDER.
ONE REQUIRED 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 LOCK, CLEAN AND RAKED.
C REQUEST INSPECTION FROM AUSTIN 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 RESIDENTIAL STRUCTURE, AS WELL AS ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
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.
I'LL GO AHEAD AND ADMIT, UM, STAFF'S EXHIBIT ONE AND THE PHOTOGRAPHS MARKED.
CAN I AND THE OWNER OF THE TRUCK? OH, YES, JUST A MINUTE.
UM, I'LL ALSO ADMIT PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
[01:05:01]
AND WE HAVE MR. HARDISON HERE.FIRST AND FOREMOST, I WANTED TO, UH, INTRODUCE MYSELF TO MR. WESLEY BECAUSE I'VE NEVER MET YOU PERSONALLY, SIR.
I DO APPRECIATE YOUR TIME TO COME OUT AND, AND, UH, GIVE YOU HER CASE.
YOU HAVE FIVE MINUTES ONCE YOU'RE READY.
UH, I DO APPRECIATE IT, UH, TO COME AND LOOK AT AND, AND SHOW SOME PICTURES.
UH, YOU WEREN'T OUT LAST WEEK THOUGH, UH, DARREN, UH, TO GET ANY PICTURES BECAUSE, UH, I DID CLEAN THE FRONT YARD, UH, COMPLETELY, UH, ALL THE WAY DIRECTLY TO THE PROPERTY ITSELF, ITSELF.
SO, UH, I, I DID SEND THOSE IN, UH, TO, I DON'T REMEMBER EXACTLY WHAT HIS NAME WAS, BUT, UH, I THINK IT WAS THE ASSISTANT TO, UH, MS. UH, MELANIE AL ALI IS WHO I SENT THAT, THOSE, THOSE PICTURES TOO.
UM, I HAVE BEEN UNFORTUNATE, UH, TO BE ABLE TO HAVE MY, YOU KNOW, HOUSE CATCH FIRES, UNUSUAL SITUATION, BUT THOSE HOUSES WERE BUILT IN 1971.
I'M A GENERAL CONTRACTOR AND, AND I, I KNOW ALL THE THINGS THAT I NEEDED TO DO TO KEEP FROM THINGS LIKE THAT HAPPENING.
I DID NOT EVEN HAVE GAS AT THIS TIME, ONLY BECAUSE, UM, YOU KNOW, CORONA KIND OF, UH, KILLED MY, MY COMPANY BECAUSE OF CERTAIN INSTANCES OF, UH, ME TAKE TAKING OUTTA STATE AND, AND WORKING ELSEWHERE.
BUT, UH, I WAS STILL LIVING AT THIS HOME.
I ACTUALLY BROUGHT UP MY DAUGHTER HERE.
I'VE BEEN LIVING THERE FOR 28 YEARS.
UM, SO FOR 28 YEARS, IT'S NEVER BURNED.
SO, UH, IT WAS, UH, KIND OF A SHOCK TO ME WHEN, WHEN, UH, WHEN IT DID CATCH ON FIRE IN THE MIDDLE OF THE NIGHT.
AND, UH, I NEARLY LOST MY LIFE.
AND I DID LOSE MY DOG WHEN I JUMPED OUT THE WINDOW AND, AND I WASN'T ABLE TO SAVE HIM.
SO I, UH, YOU KNOW, IT'S BEEN A LITTLE BIT DIFFICULT, MAINLY BECAUSE I WAS BETWEEN, UH, MORTGAGE INSURANCES, SO I DIDN'T HAVE THE MONEY TO BE ABLE TO, UH, TO, TO DO SOME OF THE THINGS THAT I WANTED TO DO.
BUT LAST WEEK I DID CLEAN THE VERY, I DID CLEAN THE, THE, THE FRONT YARD VERY WELL.
UH, ALSO, UH, TOTALLY, UH, SCRAPED IT TO, UH, TO WHERE IT WAS FLAT, AND IT, IT LOOKS FANTASTIC.
UH, THERE'S BEEN SOME INCIDENCES, UH, THROUGHOUT THE TIME.
UM, I JUST LEARNED HERE JUST RECENTLY THAT MY PHONE HAS BEEN CLONED AND, UH, AND I HAVE BEEN, UH, ON THE PHONE WITH, UH, LIFELOCK AND, UH, THE, UH, 360, UH, ANYWAY, THEY, THEY HAVE, THEY HAVE A BASICS IS NORTON 360.
AND, AND IT'S A, IT'S LIFELOCK AND, AND MY PHONE HAS BEEN CLONE, AND THERE'S BEEN A LOT OF THINGS THAT, THAT HAVE BEEN, UH, THAT, THAT HAVE BEEN COMPROMISED IN, IN MY, UH, PERSONAL, UH, ACTUALLY SOME, A LITTLE BIT ABOUT MY PROPERTY, UH, A LOT ABOUT MY PHONE, UH, THINGS THAT, THINGS THAT, THAT I HAVE, I'VE TAKEN PICTURES OF AND SENT TO PEOPLE THAT NE THAT DIDN'T, NEVER REACHED CERTAIN PLACES.
SO I WANTED TO, TO TELL YOU THAT I HAVE RECENTLY SENT ANOTHER, UM, DEMO REQUEST, UH, BECAUSE I AM A GENERAL CONTRACTOR AND I HAVE, I HAVE ALSO, UH, SIGNED UP AS A GENERAL CONTRACTOR WITH CITI TO BE ABLE TO, TO KNOCK THIS HOME, KNOCK THIS HOUSE DOWN.
NOW, THERE'S NOT A, THERE'S NOT A MACHINE I CAN'T RUN AT UNITED RENTALS, SO, UH, THAT I CAN TEAR THIS HOUSE, THAT CAN TEAR THIS HOUSE DOWN BY MYSELF.
NOW, THE, I DON'T BELIEVE THAT IT CAN BE REPAIRED BECAUSE IT IS, IT'S GONE TOO FAR AS IT'S IN THE MIDDLE OF THE, IN THE MIDDLE OF THE, OF THE BUILDING.
AND, AND I DO BELIEVE THAT IT DOES NEED TO BE DEMOED, AND THAT IS EXACTLY WHAT I'M GONNA DO.
I'M GONNA LEAVE THE, I'M GONNA LEAVE THE CONCRETE STRUCTURE, UH, OF THE CONCRETE, UH, SO THAT I CAN, AND MAKE SURE THAT IT'S NICE AND CLEAN AND THE, AND THE YARD WILL BE CLEAN.
THERE IS A GAZEBO IN THE BACK AREA, THE HOUSE THAT, THAT, UH, THAT IS BEEN THERE SINCE THE HOUSE WAS BUILT IN 1971.
THAT GAZEBO IS PERFECTLY FINE.
THERE'S NOTHING WRONG WITH IT.
IT'S BEEN THERE FOR THAT LONG, AND I'VE, I'VE MADE SURE THAT IT'S BEEN SECURE NO MATTER WHAT.
I WOULD LIKE TO KEEP THAT GAZEBO BECAUSE IT'S, IT'S A STRUCTURE THAT, UH, THAT, THAT STAYED THERE.
AND MY DAUGHTER AND I HAVE HAD MANY LUNCHES AND MANY, MANY DINNERS AND, AND BREAKFASTS ON THAT.
AND IT, AND IT HAS AND HOLDS, IT HOLDS A, A, UH, UH, SENTIMENTAL VALUE.
[01:10:01]
SOME SHEDS, A COUPLE OF SHEDS THAT HAVE, THAT HAVE THINGS IN IT THAT, UH, THAT I CAN ACTUALLY ACTUALLY UTILIZE FOR, FOR, UH, IF I WANT TO ACTUALLY RE REBUILD THE HOUSE, WHICH I AM STILL CONTEMPLATING WHETHER OR NOT I WANNA REBUILD THE HOME BECAUSE I CAN BUILD IT BY MYSELF WITH MY HANDS, EVERYTHING.SO MY, AND, BUT THERE'S ALSO PEOPLE THAT I'M ALSO TALKING TO ABOUT GOING AHEAD AND SELLING THE PROPERTY.
I'M THE ONLY ONE THAT'S REALLY LIVING ON THE PROPERTY.
UH, MY EX-WIFE AND I HAVE DIVORCED, UH, NINE YEARS AGO, BUT, UH, MY DAUGHTER STILL LIVES AND SHE'S 20 YEARS OLD.
AND SHE WAS, SHE WAS, SHE WAS RAISED IN THAT HOUSE, UH, ALONG WITH TWO DOGS THAT, UH, SHE DEARLY LOVED.
AND, UH, AND, AND JUST THE, THE HOUSE IN GENERAL HAS A LOT OF SENTIMENT, VAL VALUE TO IT.
AND I DON'T SEE ANY REASON WHY THAT I NEED TO LEAVE THE PROPERTY UNLESS THERE'S, THERE IS A, I I MEAN, I, I'M, I WAS BORN AND RAISED HERE.
I WAS, I WAS, I WAS BORN IN ST.
UM, I DON'T WANT TO MOVE THERE.
I HAVE ONE OF OF MY NEIGHBORS THAT ARE SITTING, THAT SITTING IN THE, IN THE AUDIENCE RIGHT NOW.
UM, AND I HAVE BEEN LIVING THERE FOR SO LONG.
I WAS, UH, I WAS THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION WHEN IT WAS CALLED NORTH CREEK GEORGIA ACRES NEIGHBORS OH, ASSOCIATION.
UM, IF ANYBODY KNOWS MANNY VIEGAS, WHICH I KNOW VERY, VERY, VERY, VERY WELL.
YOUR TIME'S ACTUALLY OFF, SO SURE.
MAKE SURE YOU USE THIS LAST MINUTE, YOU KNOW? OKAY.
SO MY POINT BEING IS, IS THAT I AM, I AM, YOU KNOW, THE 45 DAYS THAT, THAT IT, THAT, THAT YOU'RE, THAT YOU'RE COUNT OF FOR, I HAVE ALREADY PLANNED TO ALREADY HAVE IT DEMOLISHED.
ANYWAY, LAST WEEK I PUT, I, I, I STRAIGHTENED OUT THE FRONT YARD AND IT, AND IT LOOKS FANTASTIC.
THERE WAS A, I BROUGHT IT A DUMPSTER AND PUT EVERYTHING IN A DUMPSTER.
I'M GONNA, I'M GONNA PULL THAT, I'M GONNA PULL THAT, THAT BUILDING FORWARD AND IT, AND IT WILL BE CLEANED, UM, AND STRAIGHTENED UP AND EVERYTHING WILL LOOK JUST FINE.
UM, THERE'S BEEN, I, I KNOW THIS NEEDS TO BE DONE.
I, I KNEW IT, KNEW IT SOME TIME AGO.
I'M SORRY THAT IT'S TAKEN ME THIS LONG TO BE ABLE TO DO IT, BUT NOW I HAVE THE MEANS TO DO IT.
DIDN'T HAVE THE MEANS BECAUSE WHEN YOU DON'T HAVE THE MORTGAGE INSURANCE, YOU KIND OF HAVE TO BUILD UP SOME MONEY TO MAKE SURE THAT IT HAPPENS.
I UNDERSTAND THE QUALITY OF LIFE OF WHAT AUSTINITES WANT, AND I UNDERSTAND THE QUALITY OF LIFE THAT MY NEIGHBORS WANT, AND I AM TIRED OF LOOKING AT IT AS WELL, BECAUSE ALL IT IS, IS A HEARTACHE FOR ME.
I WANT TO MOVE FORWARD AND BUILD SOMETHING NEW OR MOVE ON AND LET SOMEBODY ELSE BUILD SOMETHING NEW.
I KNOW IT IS A, A, UH, I, I UNDERSTAND CODE ENFORCEMENT.
I'VE WORKED WITH THEM LONG ENOUGH TO UNDERSTAND THAT THIS IS IMPORTANT AND IT'S IMPORTANT TO ME AS WELL.
I DO HAVE, I BELIEVE I DO HAVE A COUPLE OF OTHER PEOPLE HERE FOR THE SAME PROPERTY.
AM I SAYING THAT RIGHT? ARE YOU ALSO SPEAKING? WOULD YOU LIKE TO SPEAK OR ARE YOU JUST HERE FOR MORE SUPPORT? OKAY, SURE.
SO WHO COULD YOU PLEASE TELL US YOUR NAME? FERNANDO GARCIA.
SO YOU'RE BOTH TOGETHER RIGHT THERE? YEAH.
SO I'LL JUST READ A BRIEF STATEMENT.
THE HOUSE OF 9,510 NORTH CREEK BURNED DOWN IN JULY OF LAST YEAR.
THE OWNER HAS FAILED TO HAVE MADE OBTAIN A DEMOLITION PERMIT TO CLEAR THE REMAINS OF HIS HOUSE AND CLEAN UP THE LOT.
THERE HAS BEEN A MAJOR INCREASE IN CRIME, VIOLENT AND OTHERWISE IN DIRECT CORRELATION TO THIS EVENT.
AND THE NEIGHBORHOOD HAS SEEN SEVERAL NEIGHBORS LEAVE DUE TO THIS SUSTAINED DISRUPTION THAT WE HAVE ENDURED FOR NINE MONTHS, WE ARE CONSIDERING DOING.
AND SO AS WELL, OUR HOME IN 9,512 JUST OVER WAS ONLY SPARED TH THANKS TO THE MEN AND WOMEN OF OUR FIRE DEPARTMENT WHO TURNED THE SITUATION OVER WITH AMAZING SPEED.
AND REPAIRS ON THAT PROPERTY ONLY STARTED LAST MONTH.
WE CONSIDERED OURSELVES LUCKY TO HAVE KEN OUR HOME, OUR LIVES IN OUR POSSESSIONS, AND SHOW THIS GRATITUDE TO BY HELPING OUR NEIGHBOR RAISE FUNDS TO GET HIS LIFE BACK TO SOME KIND OF NORMAL.
IF YOU HAD DRIVEN BY ANY PARTICULAR DAY OF
[01:15:01]
THE FOLLOWING MONTH AFTER THE FIRE, YOU MIGHT HAVE SPOTTED ME, MY WIFE, OR ONE OF OUR NEIGHBORS HELPING MY NEIGHBORS OR THROUGH THE REMAINS OF THE HOUSE OR GIVING ME CLOTHES, FOOD.WE'RE JUST SHARING A COMFORTING WORD WITH HIM.
THINGS WERE NOT IN HIS FAVOR, THOUGH AS HE DID NOT HAVE INSURANCE ON THE HOUSE AND COULD ONLY PROCURE UNSTEADY EMPLOYMENT, WE FIND IT IMPOSSIBLE TO TRY TO HELP HIM.
AH, HE HAS REPEATEDLY MADE ALL THE WRONG CHOICES AND CONTINUES TO PUT THE NEIGHBORHOOD IN HARM'S WAY, INCLUDING THE MANY CHILDREN THAT LIVE IN THIS BLOCK AND HAVE TO WALK BY THIS HOUSE EVERY DAY ON THE SCHOOL TO ONE OF THE SCHOOLS THAT ARE BOTH LESS THAN 500 FEET AWAY, AS WELL AS THEIR NEIGHBORS ON 5 9 5 0 6, AN ELDERLY BLIND COUPLE.
I WOULD BE PRESSED TO LIST ALL THE WAYS IN WHICH HE HAS DONE THIS.
IN A LETTER USED SYRINGES LAYING IN THE GROUND, STRANGE PEOPLE WALKING AROUND WITH MACHETES.
THESE ARE COMMON SIDES IN OUR NEIGHBORHOOD.
NOW, THE POLICE CAN DO LITTLE, AS THE OWNER HAS GRANTED THESE MACHETE WIELDING TRANSIENT PERMISSION TO STAY AS PAYMENT FOR WATCHING OVER HIS PROPERTY.
AND WHAT REMAINS OF HIS POSSESSIONS? THANKFULLY, FIREARMS ARE NOT COUNTED IN HIS POSSESSIONS ANYMORE SINCE THE POLICE CONFISCATED IT AFTER HE FIRED 16 ROUNDS FROM THE INSIDE OF HIS TRAILER IN ALL DIRECTIONS IN THE MIDDLE OF THE NIGHT WHEN HE SUSPECTED AN INTRUDER, AN EVENT FOR WHICH HE WILL BE HELD ACCOUNTABLE IN COURT NEXT MONTH.
HE DIDN'T ONLY PLACE OUR LIVES IN PROPERTY IN EXTREME DANGER IN JULY OF LAST YEAR WHEN HIS CLUTTERED GARAGE CAUGHT HIM FIRE.
BUT HE CONTINUES TO DO SO ACTIVELY BY FAILING TO ADMIT UP, OBTAIN A DEMOLITION PERMIT, INVITING, DANGEROUS, BELLIGERENT STRANGERS INTO HIS PROPERTY.
WE KNOW RUNDBERG HAS BEEN A PROBLEMATIC SPOT FOR A LONG TIME, BUT THERE ARE A LOT OF GOOD PEOPLE THAT CALL THIS PLACE HOME AND WORK TIRELESSLY TO MAKE IT A BETTER ONE.
DON'T LET OUR EFFORTS SOUR BECAUSE OF ONE MAN HAVING, HAVING LED BY LIVED NEARBY FOR SEVEN YEARS.
I CAN ATTEST THAT THINGS WERE NEVER THIS BAD.
HERE'S A CHANCE TO RESTORE AND IMPROVE THE CONDITIONS OF THIS NEIGHBORHOOD THAT ONLY A YEAR AGO HAD CHILDREN PLAYING IN THE FRONT OF YARDS AND NEIGHBORHOODS OUT ON WALKS EVERY AFTERNOON.
OUR COMMUNITY DESERVES BETTER.
OUR CHILDREN DESERVE TO PLAY FREELY.
MY FAMILY DESERVES TO SLEEP PEACEFULLY AT NIGHT.
I'M TIRED OF WAKING UP IN THE MIDDLE OF THE NIGHT TO STRANGE NOISES, NOT KNOWING IF THE LOOTERS HAVE FINALLY DECIDED TO TRY OUR HOUSE, OR IF THE TRANSIENT PEOPLE OF THE WEEK HAS NEGLECTED THE FIRE.
THEY LIGHT UP EVERY NIGHT AND IT'S ONDO AND, AND THE FIRE IS ON ITS WAY OF CONSUMING MY HOME.
I STILL WISH YOU THE BEST, BUT I CAN'T RELY ON YOU TO MR. GARCIA.
MAKE SURE YOU'RE ADDRESSING THE COMMISSIONERS.
PLEASE DO NOT GRANT ANY MORE EXTENSIONS TO THE OWNER OF 9,510 TO DEMOLISH THE HOUSE IN HIS OWN TIME.
THE MAN DOES NOT HAVE THE GOOD OF THE COMMUNITY IN HIS BEST INTEREST, ONLY HIS OWN.
HE WILL APOLOGIZE PROFOUNDLY BEG FOR YOUR FORGIVENESS, BUT HE WILL LEAVE YOU HANGING EVERY TIME.
UM, WE APPRECIATE YOU GIVING US SOME INFORMATION ON WHAT'S BEEN GOING ON.
UM, AND I THINK THAT'S ALL, THOSE ARE ALL THE SPEAKERS ON THIS CASE, CORRECT? YES.
UM, SO I'LL HAVE THE COMMISSIONERS ASK QUESTIONS, UM, AT THIS POINT, IF THEY HAVE ANY.
UM, COMMISSION OLTA, GO AHEAD.
I WOULD JUST, UH, IF IT'S TIME, MOVE TO CLOSE THE PUBLIC HEARING AND ADOPT TO FINDINGS IN FACT AND CONCLUSION OF LAW AND RECOMMENDED ORDER A SECOND.
UM, WE HAVE A MOTION ALREADY, BUT DO WE WANNA CLOSE THE PUBLIC PART OF THE HEARING FIRST? PERHAPS? THAT WAS IN MY MOTION, MA'AM.
I MISSED THE FIRST, SECOND PART.
UM, I DO HAVE A QUICK QUESTION AND THEN WE'LL GO AHEAD AND, UM, CONSIDER THE MOTION, UM, MR. HARDISON, SO THE QUESTION I HAVE FOR YOU IS, ARE YOU STILL LIVING ON THAT PROPERTY RIGHT NOW? YEAH.
UM, AND YOU DO AGREE THAT DEMOLITION WILL BE
[01:20:01]
THE BEST I DO.AND, UM, YOU SAID YOU ALREADY STARTED THE PROCESS OF GETTING THE PERMITS? I HAVE.
YOU CAN TURN ON YOUR MIC, DON'T HAVE IT.
I DO HAVE THE, THE ACTUAL, UH, WRITTEN IN PART OF THE DEMOLITION AND IT, IT'S ALL NOTARIZED AND SO AND SO FORTH.
AND I DID TRY TO PUT IT ON THERE, SO, BUT Y'ALL DON'T HAVE ANY RECORD OF IT, BECAUSE THIS WOULD BE THE SECOND TIME I PUT IT IN A DEMOLITION ORDER.
NOW I'VE TOLD YOU THAT I WAS, THAT I'M, I'M JUST REALIZING THAT I'M, WELL, NOT JUST REALIZING I EVEN SAID SOMETHING TO YOU TODAY ABOUT, UH, MY PHONE BEING CLONED AND, OR BASICALLY HACKED AND YEAH.
AND I, I'M IN THE PROCESS OF, OF BEING ABLE TO TOTALLY WIPE THE PHONE AND, AND, AND START OVER BECAUSE A LOT OF STUFF THAT I DO IS ON MY PHONE.
SO JUST TO BE SURE YOU ARE GOING TO MOVE FORWARD WITH GETTING THE PERMITS AND EVERYTHING.
I HAVE IT EVEN NOTARIZED AND EVERYTHING.
AND IT WAS SUPPOSED TO, IT WAS SUPPOSED TO.
Y'ALL, Y'ALL ARE SUPPOSED TO ALREADY HAVE IT, BUT I GUESS IT DIDN'T GO THROUGH, IS THE ONLY THING I CAN THINK OF.
SO THAT'S ALL I WANTED TO MAKE SURE.
UM, WELL GO AHEAD AND, UM, AND THIS WOULD BE THE SECOND ONE.
CAUSE I'VE ALREADY PUT ONE IN.
SO I DON'T KNOW WHAT I'M DOING WRONG, SO I WILL TRY AND FIGURE THAT OUT AND HAVE SOMEBODY MAYBE MORE APT TO DO IT THAN I, BUT I THOUGHT I WAS DOING THE RIGHT THING.
WE, I'D LIKE TO CALL FOR THE VOTE.
WE DO HAVE A MOTION ON THE FLOOR TO CLOSE THE PUBLIC PART OF THE HEARING.
SO, UM, WE HAVE THAT AND WE ALSO HAVE A MOTION TO ADOPT THE FINDINGS OR FACTS OF STAFF AS WELL AS THE RECOMMENDATIONS.
AND WE HAVE, IT WAS AN, WAS AN UNDIVIDED MOTION.
I'M HAVING TROUBLE HEARING HIM.
IT WAS A MOTION FOR BOTH THINGS TO CLOSE AND THEN TO ADOPT HIM.
AND WE HAVE A SECOND FROM COMMISSIONER FRANCIS.
ALL RIGHT, WE'LL GO AHEAD AND CALL THE VOTE.
WILL WE NOT HAVE A DISCUSSION OR QUESTION? WE'RE JUST CALLING THE VOTE.
WELL, WELL, DO WE HAVE ANY COMMENTS? I ASK FOR COMMENTS AND QUESTIONS WE CAN STILL DISCUSS.
THE MOTION CAN BE ON THE TABLE AND WE CAN STILL DISCUSS.
SO IT SEEMS LIKE THE OWNER, MR. HARDISON, IS AN AGREEMENT WITH THE CITY RECOMMENDATION OF DEMOLISHING.
SO THERE DOESN'T HAVE ANY DISPUTE THERE.
THE ONLY DIFFERENCE I HEARD IS, I GUESS, CONCERNING AN ACCESSORY STRUCTURE OF THE GAZEBO.
SO I I DID HAVE ONE QUESTION, I GUESS FOR THE, FOR, UM, UM, INSPECTOR, UH, WESLEY.
UH, JUST WHY, WHY IS THE ACCESSORY STRUCTURE INCLUDED IN THE DEMOLITION ORDER? IS IT ALSO DAMAGED IF THE CITY PERFORMS A DEMOLITION? WE HAVE TO, WE HAVE TO DEMOLISH ANY ACCESSORY STRUCTURES.
EVERYTHING HAS TO BE DEMOLISHED.
THEY'RE NOT, IT'S NOT EVEN HAD ANY, IT DOES NOT HAVE A FIRE.
THERE'S NO FIRE THAT TOUCHED OTHER.
THAT'S WHY I WANTED TO SWEEP THE MOTION.
MADAM CHAIR, IF I MAY, YOU, YOU MAY NOT HAVE AN ACCESSORY STRUCTURE WITHOUT A PRIMARY STRUCTURE.
SO ONCE IT IS DEMO, ALL ACCESSORY STRUCTURES MUST GO AS WELL.
THANK YOU FOR CLARIFYING THAT.
ARE YOU SURE YOU DON'T WANNA MAKE A MOTION SEPARATED OUT TO CLOSE THE PUBLIC PART OF THE HEARING? THAT'S THE MOTION.
I'M SORRY, I, THAT'S THE MOTION AND THE SECOND ON THE TABLE.
SO I CAN'T REALLY MOVE FORWARD AND VOTE ON CHAIR, CHAIR.
IF, IF, UH, THE COMMISSION WOULD PREFER TO CONTINUE DISCUSSING WITHOUT HEARING FROM THE PUBLIC, I CAN GO AHEAD AND MOVE TO CLOSE THE, THE HEARING AS A SEPARATE STANDALONE MOTION.
DO WE HAVE A SECOND ON THAT? A SECOND.
THANK YOU, COMMISSIONER MUELLER.
UM, ARE WE ALL IN FAVOR OF CLOSING THE PUBLIC PART OF THE HEARING? YES.
UM, MR. I WOULD REQUEST THAT COMMISSIONERS NOT CURRENTLY SPEAKING.
MR. HARDIS IN THE PUBLIC PART OF THE HEARING IS CLOSED, MEANING THAT, YOU KNOW, WE'RE DONE WITH THAT PART AND THE COMMISSIONERS WILL NOW DISCUSS.
DO WE HAVE ANY COMMENTS, QUESTIONS, THOUGHTS?
[01:25:01]
MADAM CHAIR? YES.SIMILAR TO THE PREVIOUS CASE, HE'S ALREADY SAID HE'S GOING TO DEMO AS WE KNOW THAT THERE'S A SIX TO EIGHT MONTH FLAG, SO THERE'S AN APPROPRIATE AMOUNT OF TIME FOR HIM TO GET HIS PAPERWORK IN, GIVES THE ASSURANCE TO THE NEIGHBORS, THIS IS MOVING FORWARD AND IT SEEMS THE BEST OF ALL WORLDS.
COMMISSIONER F FRYBERGER JUST A VERY BRIEF ADD ON TO THAT.
TOO, JUST, UH, REMINDING, JUST STATING THE OBVIOUS THAT IF THE PROPERTY OWNER DOES THE DEMOLITION HIMSELF, HE'S GOING TO PROBABLY SAVE HIMSELF A CONSIDERABLE AMOUNT OF MONEY SOONER.
AND I BELIEVE IF THE PROPERTY OWNER DOES THE DEMOLITION, THEN HE'S ABLE TO DO A PARTIAL DEMO AND THEN BUILD OUT THE WHATEVER STRUCTURES ARE THERE.
I THINK MAYBE, NO, NOT WITHOUT SECURING PROPER BUILDING PERMITS, BUT, YOU KNOW, HE'S A, HE'S A CONTRACTOR.
HE SHOULD HAVE THE KNOW-HOW TO DO THAT.
THE STATS RECOMMENDED ORDER IS THE BEST MOVE.
UM, THOSE ARE REALLY SOME OF MY THOUGHTS AS WELL.
UM, AND OF COURSE IT IS SIMILAR TO THE LAST CASE THAT WE HEARD, SO WE'LL GO AHEAD AND ENTERTAIN ANY OTHER COMMENTS.
IF NOT, WE'LL MOVE FORWARD AND, UM, VOTE ON THE MOTION.
I THINK WE HAVE TO RESTATE THAT MOTION.
UH,
AND DO WE HAVE A SECOND ON THAT? STILL A SECOND.
I'LL GO AHEAD AND CALL THE VOTE, UM, ON THIS ONE.
I'LL START WITH COMMISSIONER SALEK.
COMMISSIONER FRYBERGER IN FAVOR, COMMISSIONER THOMPSON.
COMMISSION, UM, VICE CHAIR FERRERA IN FAVOR AS WELL.
AND, UH, COMMISSIONER FRANCIS.
AND COMMISSIONER STILL STAND? AYE, OF COURSE.
UM, THANK YOU EVERYONE FOR, FOR ATTENDING TONIGHT AND, UM, UH, MR. HARDISON, GOOD LUCK WITH EVERYTHING AND I THINK YOU CAN GET IT DONE.
[7. Case Number: CL 2023-014056]
MOVE TO ITEM NUMBER SEVEN ON THE AGENDA, THAT'S CASE NUMBER CL 20 23 0 1 456 AND RE IS REGARDING THE PROPERTY LOCATED AT 1109 EAST NINTH STREET.STAFF EXHIBITS CAN BE FOUND IN THE ORANGE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A VACANT AND DILAPIDATED SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN MARCH, 2022 AS A RESULT OF A COMPLAINT.
THERE ARE CURRENTLY NO ACTIVE PERMITS FOR THIS PROPERTY.
THE STRUCTURE IS CONSIDERED SUBSTANDARD AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, 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 AS WELL AS 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 I, AND LAST LEAD CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR JUAN VIAL IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR VIOL, PLEASE BEGIN YOUR TESTIMONY.
UM, GOOD AFTERNOON, COMMISSIONERS.
MY NAME IS JUAN VI, UM, CO INSPECTOR WITH THE AUSTIN CODE DEPARTMENT.
I'M HERE THIS EVENING TO DISCUSS THE STRUCTURAL VIOLATIONS FOUND AT 1109 EAST AND NINTH STREET PROPERTY.
ON MARCH 3RD, 2022, AUSTIN CODE DEPARTMENT RECEIVED AN ANONYMOUS THREE 11 CODE COMPLAINT FOR A DETERIORATED STRUCTURE, AN UNSAFE ROOF.
UPON INITIAL INSPECTION OF THE PROPERTY ON MARCH 4TH, 2022, I WAS ABLE TO WITNESS THE DILAPIDATION OF THE DECKING, SOFFIT, FASCIA, HANDRAILS, DOOR FRAMES, GUARDS, AS WELL AS SEVERAL WINDOWS, UH, WINDOW GLAZING, UM, BROKEN OR MISSING.
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WAS ABLE TO CONFIRM THE INFESTATION OF WILDLIFE, AS I NOTICED BIRDS ENTERING AND EXITING THE STRUCTURE FROM THE DECAY ROOF.UPON RETURNING TO THE OFFICE AND CHECKING WITH TRAVIS CENTRAL APPRAISAL DISTRICT, I NOTICED THE OWNER INFORMATION LED TO A GARCIA, PETRA C ESTATE WITH MARIA GARCIA AS A TRUSTEE, AND THE PRIMARY MAILING ADDRESS LISTED WAS 1109 EAST NINTH STREET.
CONTACT WAS EVENTUALLY MADE WITH LINDA GONZALEZ AS ON APRIL 18TH, 2022.
AFTER SHE SAW THE THE POSTED NOTICE OF VIOLATION, SHE RELAYED TO ME THAT SHE WAS THE RELATIVE PAYING THE PROPERTY TAXES AND WAS TRYING TO WORK WITH PROBATE ATTORNEY TO SELL THE PROPERTY.
SHE WAS REQUESTING AN EXTENSION WHICH WAS GRANTED TO CLEAR UP AND SECURE THE PROPERTY.
I WAS ABLE TO SPEAK WITH JOAN GONZALEZ, DAUGHTER TWO LINDA, AND SHE RELAYED TO ME THAT THEY HAVE BEGUN PROBATE AND THE PROPERTY WAS MAINTAINED AND SECURED.
ONE OF THE LAST CONVERSATIONS WITH MS. LINDA GONZALEZ, SHE STATED THAT THE PROPERTY HAS BEGUN THE SELF PROCESS AND NOW, AND NOW THAT THE TITLE COMPANY IS REQUESTING AN UPDATE, UPDATED LIST OF REMAINING ERRORS.
AT THIS TIME, I PROCEEDED TO IN INFORM MS. GONZALEZ OF THE BSC ESCALATION PROCESS AND INFORMED AND INFORMED HER THAT NOTICES OF HEARINGS WILL BE MAILED OUT TO THE PRIMARY MAILING ADDRESS, WHICH WAS 1109 EAST NINTH STREET.
SHE UNDERSTOOD THE AMOUNT OF TIME THAT HAD PASSED AND WOULD BE ON THE LOOKOUT FOR ANY B S C DOCUMENTS POSTED AND MELTED.
BSE REVIEW WAS SUBMITTED ON DECEMBER 21ST, 2022 BY THE TEAM INVESTIGATOR, UM, AND THE BSE COORDINATING TEAM WERE ABLE TO LOCATE NEW OWNER INFORMATION.
THE PHOTOS LABELED TWO A TO TWO, I WILL DEPICT THE VIOLATIONS FOUND AT THE PROPERTY.
PHOTO EXHIBIT TWO A, THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY HERE.
YOU CAN SEE ABOUT RIGHT ABOVE THE PA, UH, PATIO DOORS, UH, RIGHT ABOVE THE PATIO, THE DECKING IS PEELING BACK.
IT'S A METAL SHEATHING, DECKING, IT IS PEELING BACK.
NEXT PHOTO, EXHIBIT TWO B IS A SIDE, UM, IS THE EAST SIDE FACE OF THE PROPERTY.
UM, HERE YOU CAN SEE THAT AFTER SPEAKING WITH, UH, WITH THE DAUGHTER, SHE DID CONFIRM THIS IS WHERE I DID CONFIRM THAT THE PROPERTY WAS MAINTAINED, SECURED BY, BY THE OWNERS BY THE HEIRS.
HERE YOU CAN SEE THE SIDING TO THE BOTTOM LOWER RIGHT HAND SIDE OF THE, OF THE HANDRAIL.
UM, THE, THE, THE FACE, UM, SIDING IS PEELING AWAY AND, AND THERE IS DETERIORATION TO THE FOUNDATION TO THE LEFT HAND SIDE OF THAT PHOTO.
YOU CAN SEE THE HANDRAILS, UM, THAT ARE NOT CONNECTED TO THE POST.
UM, NEXT PHOTO, EXHIBIT TWO D SHOWS THE, THE MISSING AND BROKEN GLASS PANES ON THE, ON THAT SAME FACE OF THE PROPERTY.
TAKE NOTE TO THE REAR OF THAT PROPERTY, YOU CAN SEE, UH, AN OLD, UM, DISCARDED VEHICLE, WHICH HAD BEEN REMOVED THE DAY OF, UM, THE SECURING AND THE BOARDING OF THE, OF THE PROPERTY.
SO SHOWING THAT THE, THE PROPERTY OWNERS WERE, UH, TRYING TO MAINTAIN THE PROPERTY AS MUCH AS POSSIBLE.
NEXT PHOTO EXHIBIT TWO E SHOWS THE DILAPIDATED DOOR FRAMES TO THE PROPERTY.
THIS IS A, UH, REAR, REAR ENTRANCE TO THE PROPERTY.
THERE IS AN ALLEYWAY THAT RUNS DIRECTLY RIGHT BEHIND IT.
UM, AS YOU CAN SEE, THE, THE, THE PORCH TO THE REAR DOOR IS JUST DECAYED TO THE POINT WHERE IT JUST FELL DOWN.
UM, NEXT PHOTO, EXHIBIT TWO F.
THIS IS THE WILDLIFE THAT I WAS, UM, THE BIRDS THAT WERE ENTERING AND EXITING THE, THE, THE ATTIC SPACE OF THE PROPERTY.
UM, AS YOU CAN SEE, THAT IS A LARGE BIRD ENTERING THAT, THAT, UH, ROOF AREA.
NEXT PHOTO EXHIBIT TWO G SHOWS THE SOFFIT DE DETER THE DETERIORATION OF THE SOFFIT AND FAIA OF THE PROPERTY.
THAT'S THE SAME ROOF FACE, UM, SHOWN, UH, WITH THE, WITH THE WILDLIFE, UH, ENTERING AND EXITING.
NEXT PHOTO, EXHIBIT TWO H IS SHOWS YOU THE, THE, THE EXTENT OF THE DECAY TO THE ROOF LINE.
AS YOU CAN SEE, UM, THE DECKING IS COMPLETELY MISSING THAT THIS IS THE WEST SIDE FACE OF THE PROPERTY.
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NEXT PHOTO.THIS IS A CLOSEUP OF THAT SAME AREA.
UM, THE DECKING AGAIN AND APHASIA IS COMPLETELY MISSING AND THE THE SHINGLES ARE FALLING INTO THE ATTIC SPACE TONIGHT, I, TONIGHT I ASK THE COMMISSION TO REQUEST REPAIRS TO BE MADE TO THE STRUCTURE AND THAT ALL NECESSARY TRADE PERMITS BE PULLED TO MAKE THOSE REPAIRS.
UM, AGAIN, THANK YOU FOR YOUR TIME.
AND THIS CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD AND IN NEED OF REPAIR.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
I STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS THE CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
ENTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, I'LL GO AHEAD AND ADMIT STAFF'S EXHIBIT ONE AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS EXHIBIT TWO A THROUGH TWO I, UM, AND I BELIEVE WE MIGHT HAVE MS. LINDA GONZALEZ HERE, OR MS. JOANNE GONZALEZ THERE ARE ON PHONE.
MS. GONZALEZ, CAN YOU HEAR US? SHE'S CURRENTLY MUTED.
IS THAT MS? UH, LINDA GONZALEZ, CAN YOU UNMUTE YOUR PHONE PLEASE? I MEAN, YOUR MIC.
MS. LINDA GONZALEZ, CAN YOU HEAR ME? IF YOU CAN HEAR ME, PLEASE UNMUTE YOUR MIC.
WHO DO WE HAVE ON THE PHONE? YOU HAVE MY DAUGHTER SPEAKING FOR ME, JOANNE.
ALL RIGHT, MS. UM, GONZALEZ, YOU HAVE FIVE MINUTES TO GIVE US YOUR SIDE OF THE, UH, STORY HERE.
UM, LIKE MR. VILLA LAL SAID, WE ARE TRYING TO GET THE PROPERTY SOLD.
UM, UM, WE ARE GOING THROUGH A LOT OF TROUBLE WITH THE ESTATE PART OF IT SINCE MY MOTHER IS JUST ONE LITTLE PIECE OF SEVERAL FOR THAT FAMILY.
SO IT'S STILL, WE HAD TO CHANGE LAWYERS, SO IT'S STILL BEING GO, WE'RE STILL GOING THROUGH THE, THE PROCESS OF TRYING TO GET THE TITLES STRAIGHTENED OUT SO WE CAN ACTUALLY SELL THE PROPERTY.
WE ALREADY HAVE A, UH, REAL ESTATE AGENT.
WE'RE JUST WAITING FOR THAT PIECE.
SO EVERYTHING IS LEGAL AND GOOD TO GO.
AND BASICALLY WE KNOW THE HOUSE NEEDS REPAIR, BUT IF WE SELL, WE TRY TO SELL IT.
MY MOTHER DOESN'T HAVE THE MEANS TO DO ALL THE REPAIRS.
THAT'S WHY WE ARE TRYING TO SELL IT.
THANK YOU FOR, UM, COMING HERE TONIGHT.
I MEAN, ATTENDING TONIGHT TO GIVE US SOME INFORMATION, MAKE SURE YOU STAY ON BECAUSE THE COMMISSIONERS MIGHT HAVE QUESTIONS FOR YOU.
DO WE HAVE ANY QUESTIONS TO THE OWNERS OR TO STAFF? UH, GO AHEAD.
COMMISSIONER, UM, MS. GONZALEZ, HAS YOUR LAWYER YES.
PROVIDED ANY INDICATION OF HOW MUCH LONGER THE PROBATE PROCESS MAY TAKE OR HOW LONG IT WILL TAKE TO GET A CLEAR TITLE TO THE PROPERTY? NO, SHE DIDN'T.
I HAD TO, WE HAD TO FIND A NEW LAWYER BECAUSE THE OTHER ONE WASN'T, UM, RESPONDING OR WERE ACTING ON ANYTHING.
SO I ASKED OUR REAL ESTATE, UM, REAL ESTATE AGENT IF SHE HAD ANYBODY ELSE IN MIND.
SO I, LIKE, A MONTH AGO, I SENT HER THE, LIKE, THE ESTATE INFORMATION I COULD COLLECT REGARDING, YOU KNOW, THIS, ALL THE ESTATE, ALL THE, YOU KNOW, FAMILY MEMBERS THAT HAVE PART IN THE ESTATE.
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ALL RIGHT.UM, DO WE HAVE ANY OTHER QUESTIONS, COMMENTS FOR THE OWNERS? NO.
UH, MS. GONZALEZ, I DO HAVE A QUESTION FOR YOU.
UM, SO YOU MENTIONED THAT YOU'RE TRYING TO SELL, BUT IN ORDER TO SELL, YOU FIRST HAVE TO COMPLETE THE PROCESS WITH THE PROBATE, CORRECT? YES, MA'AM.
UM, AND YOU, YOU HAVE A NEW ATTORNEY NOW, OR YOU'RE IN THE PROCESS OF GETTING THE NEW ATTORNEY? WE'RE IN THE PROCESS AGAIN, AND IT, SHE, UH, WANTED TO LOOK OVER EVERYTHING, SO I SENT IT TO HER LIKE A MONTH AGO.
AND DO YOU KNOW HOW LONG THE PROPERTY HAS BEEN IN THE NAME OF THE ESTATE? SINCE MY GREAT-GRANDMOTHER PURCHASED IT, LIKE 19 47, 48, SOMEWHERE AROUND THERE.
UM, I DON'T HAVE ANYTHING ELSE.
SO IT SOUNDS LIKE, UM, IS IT INSPECTOR VALK? ALL RIGHT.
SO YOU'VE BEEN SEEING SOME EFFORTS ON THE PART OF THE OWNERS THAT ARE AVAILABLE? CORRECT.
EVERY, EVERY, UM, INTERACTION WITH THEM PHONE CALL, IT'S, IT'S BEEN CORDIAL.
THEY'VE, THEY'VE, I WOULD TELL THEM, HEY, YOUR GRASS IS GROWING.
YOU GUYS GOTTA GO OUT THERE AND, AND MAINTAIN IT.
UM, THEY WOULD HAVE IT DONE WITHIN A WEEK, UM, TIMEFRAME OF, OF WHATEVER I'VE, I'VE ASKED FROM THEM.
UM, AND THEY'RE, LIKE I SAID, IN, THEY'VE REMOVED THE JUNK FROM THERE TO PREVENT ANY RODENT INFESTATION.
IT'S JUST THE CONDITIONS THAT, WITH THE, WITH THE ICE AND ALL OF THAT, YOU KNOW, THE DECAY IS, IS RAMPING UP AND, AND ON, ON ITS OWN.
SO, UM, YES, EVERY, EVERY INTERACTION WITH THEM HAS BEEN ON POINT CORDIAL WITH THEM.
DO WE, OH, COMMISSIONER FRANCIS, GO AHEAD.
UH, MS. GONZALEZ, DO YOU HAVE AN IDEA? YES, SIR.
UH, AND I HAVE AN IDEA OF WHAT YOU'D LIKE TO ASK FROM US.
OH, UM, JUST A LITTLE BIT MORE TIME.
I'M HOPING TO HAVE IT TOLD BY THE END OF THIS YEAR CAUSE WE ARE SO READY TO GET US HOLD.
SO BY A LITTLE MORE TIME TO GET, JUST TO GET THE TITLE AND GET THIS, I DON'T THINK IT'S GONNA TAKE LONG TO SELL BECAUSE OF WHERE IT'S LOCATED.
DO YOU THINK IT COULD GIVE US A ROUGH IDEA WHAT THAT MIGHT LOOK LIKE? DON'T KNOW.
I'M JUST HOPING BY THE END OF THIS YEAR THAT WE ARE DONE, BECAUSE LIKE I SAID, WE, WE JUST SWITCHED ATTORNEYS, SO HOPEFULLY SHE WILL WORK FOR LAST ONE AND WHERE IT'S LOCATED, WHERE THE PROPERTY'S LOCATED, I DON'T THINK IT'S GONNA BE AN ISSUE ABOUT HOW LONG IT'S GONNA BE ON THE MARKET.
I DON'T THINK IT'S GONNA LAST LONG.
UM, JUST ONE OTHER QUICK QUESTION.
YOU MIGHT NOT BE ABLE TO ANSWER IT.
UM, DO YOU ANTICIPATE THAT THE FAMILY MEMBERS ARE GOING TO BE ON BOARD WITH SELLING? YES.
WE HAVE THE ONES WE CAN GET INTO CONTACT.
WE HAVEN'T HAD ANYBODY WITH ANY ISSUES WITH.
WE'LL GO AHEAD AND, UM, HAVE THE COMMISSIONERS, UH, DISCUSS THIS, UH, IN A FEW MINUTES.
SO DO WE HAVE ANY MOTION TO CLOSE THE PUBLIC PART OF THE HEARING? ALL RIGHT, THANK YOU.
DO WE HAVE A SECOND? SECOND BY VICE CHAIR.
AND IS ANYBODY OPPOSED TO CLOSING THE PUBLIC PART OF THE HEARING RIGHT NOW? NO.
UM, DISCUSSIONS, THOUGHTS, MOTIONS, VICE CHAIR? YEAH, JUST A THOUGHT.
SO, UM, I MEAN, IT, IT IS A BEAUTIFUL HOME AND I AGREE WITH THE HOMEOWNER THAT I THINK, UM, UH, SOMEONE WILL PROBABLY BUY THAT, ESPECIALLY AT THAT LOCATION.
UM, I DO HAVE CONCERNS, HOWEVER, THAT I THINK I DON'T OF LEAVING THAT PROPERTY IN ITS CURRENT STATE FOR AT LEAST NINE MONTHS UNTIL THERE'S A SALE, AND THEN POTENTIALLY EVEN LONGER UNTIL THE REPAIRS TAKE PLACE.
I THINK AS WE START WITH THE PREVIOUS TWO CASES, UH, SOME OF THAT DETERIORATION CAN HAPPEN PRETTY QUICKLY, AND THOSE HOLES ARE PRETTY SIGNIFICANT AND YOU CAN IMAGINE THE WATER DAMAGE AND THINGS THAT WOULD HAPPEN AND, AND, UM, THEN YOU POTENTIALLY LOSE A HOME, RIGHT? OR YOU'RE, WE'RE BACK HERE WITH LIKE ONE OF THE PREVIOUS CASES.
SO I THINK FOR THOSE REASONS, I, I'M NOT INCLINED TO, TO PROVIDE THAT SORT OF EXTENSION, BUT THAT'S JUST ME AND, AND I KNOW WE CAN'T, ANYWAY, THAT WRONG, RIGHT? YEAH, I I WAS JUST GONNA REMIND US WE 90 DAYS BE MAX,
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SORRY, MILLER.90 DAYS WOULD BE THE MAXIMUM THAT WE COULD EXTEND IT TO.
MY CONCERN IS MORE ABOUT THE PROBATE PROCESS, WHICH CAN BE VERY LENGTHY AND SEEMS LIKE A TOTAL UNKNOWN.
UM, SO I, I GUESS I WOULD BE INCLINED TO EXTEND IT MAYBE TO LIKE 60 DAYS JUST BECAUSE OF THAT CAN BE QUITE COMPLICATED, JUST TRACKING PEOPLE DOWN.
UM, IT DOES SEEM LIKE THEY'RE KEEPING IT BOARDED UP AND THAT THEY'RE RESPONSIVE TO, UM, YOU KNOW, TO CODE REQUEST FOR THEM TO DO ANYTHING TO IT.
WE WOULDN'T WANNA, YOU KNOW, JUST SORT OF GIVE AN INDEFINITE PERIOD, BUT WE CAN'T DO THAT ANYWAY.
VICE CHAIR, YOU HAVE A RESPONSE TO THAT? WELL, JUST WONDERING, UH, BUT THEN 60 DAYS, 90 DAYS, WOULD IT MAKE, DO WE BELIEVE IT WOULD MAKE ANY DIFFERENCE RIGHT, IN THIS PROCESS? I, I, I THINK IT PROBABLY WOULDN'T.
WELL, I GUESS IT'S, THE ISSUE IS MORE WHEN DO THE FINES KICK IN AND THEN WHAT WOULD THE CONSEQUENCE BE FOR THEM OF, OF THAT HAPPENING.
SO, UM, THIS IS SORT OF FURTHER TO YOUR COMMISSIONER MILLER'S POINT.
UM, YOU KNOW, AND OBVIOUSLY I DON'T KNOW EXACTLY WHERE, UH, THIS PROPERTY IS IN THE PROBATE PROCESS, BUT MY SORT OF LOOSE UNDERSTANDING OF, OF HOW THAT WORKS IS THAT DURING THE, DURING PROBATE THERE IS A NO SORT OF ESTATE CREATED AND THAT ANY ATTEMPT TO DO SOME OF THE THINGS THAT WE MIGHT ORDER DONE AT LEAST SUCH THINGS AS MIGHT REQUIRE PERMITTING, WOULD BE FRUSTRATED BY THE FACT THAT, UH, IT WOULD, THERE WOULD BE BE NO ONE WHO COULD ESTABLISH TITLE TO ACQUIRE THE PERMITS NECESSARY TO COMPLY WITH OUR ORDER.
WHY THAT IS IMPORTANT IS THAT ANY ORDER WE GIVE IS APPEALABLE TO THE DISTRICT COURT AND ANY DISTRICT COURT THAT ASSERTED JURISDICTION OVER THE RES OVER THE PROPERTY IN THIS CASE WOULD BE SUBJECT TO HAVING THAT ORDER, UH, CONSOLIDATED WITH, UH, THE, UH, THE PENDING PROBATE MATTER.
I BELIEVE PROBATE, YOU KNOW, THE PROBATE COURT HAS THE POWER TO SORT OF PULL THAT IN.
SO IN A SENSE, WE'RE SORT OF TWO STEPS REMOVED.
YOU KNOW, WE'RE THE, WE'RE THE FIRST COUSIN ONCE REMOVED FROM THE, FROM THE ENTITY THAT IT CAN ACTUALLY, YOU KNOW, AUTHORIZE ANYTHING TO BE DONE.
UM, I DON'T, I DON'T KNOW WHAT MY POINT IS
UH, BUT IT IS JUST SOMETHING I WANTED TO PUT OUT THERE.
MAYBE WE COULD HEAR FROM THE CITY ATTORNEY ON THIS AND, AND WHAT IS RECOMMENDED BE DONE WHEN, WHEN OUR ORDER MIGHT BE SORT OF MOOTED BY OR NULLIFIED BY, UM, THE EXISTENCE OF A PENDING PROBATE, PROBATE MATTER.
UH, SO THAT, THAT'S JUST WHAT I WANTED TO CONTRIBUTE WITHOUT I'LL YIELD.
I MEAN, THOSE ARE EXCELLENT POINTS.
I WAS THINKING ALONG THE SAME LINES, TO BE HONEST, BECAUSE WE DO NOT WANT TO PUT OUT AN ORDER THAT'S NOT GOING TO HOLD UP TO, UM, AN APPEAL IF, IF POSSIBLE.
AND ALSO WE DO NOT WANT TO PUT OUT AN ORDER THAT CANNOT BIND A SPECIFIC PERSON OR ENTITY CUZ THERE IS NONE YET.
UH, THERE'S NO EXECUTOR OF THE ESTATE, THERE'S NO ADMINISTRATOR OF THE ESTATE.
THESE ARE JUST INDIVIDUALS TRYING TO DO THEIR BEST.
SO I'VE, I'M, I'M NOT SURE YET EITHER, BUT I'M THINKING, UM, SO THIS ONE'S GOING TO BE A TOUGH ONE POSSIBLY, BUT, UM, COUNSEL, MS. CURRY, WHAT DO YOU, ANY THOUGHTS? DO YOU WANNA WEIGH IN ON THIS? UM, MADAM CHAIR, I, UM, CAN'T REALLY PROVIDE THE COMMISSION WITH RECOMMENDATION AS TO THEIR COURSE OF ACTION.
YOU'VE HEARD STAFF'S RECOMMENDATION.
UM, I WILL KIND OF UNDERLINE THE SIGNIFICANCE OF THE FACT THAT, UM, COMMISSION ORDERS, UH, FOLLOW THE PROPERTY.
SO, UM, WHILE THERE IS, UH, SOME UNKNOWN WITH THE NEXT STEPS OF THE PROCESS AND WHAT THAT LOOKS LIKE, UM, WITH THE PROBATE COURT, UM, OR WITH DISTRICT COURT, UM, THERE ISN'T LEAST GOING TO BE, UM, KIND OF A RECORD OF YOUR DECISION, OF YOUR ACTION OF STAFF'S RECOMMENDATION.
UM, SO, AND, AND THEN I ALSO DO WANNA WANT TO, UM, POINT OUT THE, THE COMMISSION.
UM, THEY CAN ACCEPT STAFF'S, UH, AS YOU ALL KNOW, THEY CAN EX YOU CAN ACCEPT STAFF'S RECOMMENDATION.
UM, YOU CAN MODIFY, YOU CAN ALSO CONTINUE TO AATE CERTAIN, UM, IF YOU THINK THAT THERE IS A KIND OF A DATE CERTAIN THAT WOULD BE APPROPRIATE TO, TO REHEAR.
UM, BUT YEAH, JUST TO REMIND YOU ALL OF YOUR OPTIONS, AND THAT'S KIND OF THE EXTENT OF I'M ABLE TO REALLY WEIGH IN ON THAT.
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UM, DO WE HAVE ANY OTHER, OH, COMMISSIONER FRANCIS, GO AHEAD.SO WALK ME THROUGH THE STEPS HERE AGAIN, IF WE MOVE ON THIS AND THEN IT BECOMES AN UNSAFE STRUCTURE THAT NEEDS TO BE DEMOLISHED, YOU'LL COME BACK HERE.
SO THAT'S OUR SAFEGUARD THEN TO READDRESS THIS ISSUE.
UM, SO WELL MY THOUGHTS, I'M PROBABLY LEANING TOWARDS MAYBE PROVIDING SOME SORT OF EXTENSION OF TIME.
UM, HOWEVER WE'RE NOT SURE ABOUT THAT ROOF.
UM, THAT PART OF THE STRUCTURE LOOKS PROBLEMATIC, MAYBE THE MOST PROBLEMATIC, BUT IS THERE ANYTHING TEMPORARILY THAT COULD BE DONE TO THE ROOF YOU THINK I'M ASKING THE INSPECTOR NOW? I DON'T KNOW.
AND IF IT'S NOT WITHIN YOUR SCOPE OF, UM,
I'M NOT A, A STRUCTURAL ENGINEER.
I CAN'T TELL, I CAN'T GIVE YOU A DEFINITE SOLUTION TO IT.
JUST FROM A PERSON HAS TO LITERALLY BE THERE TO SEE THE, THE, THE DETERIORATION TO THE STUDS, MAYBE, UM, THE IMPULSE LOADS, UH, OF, OF POSSIBLY LIKE TARPING IT OR PUTTING SOME, UM, TWO BY FOURS ON TOP OF THAT.
BUT LIKE I SAID, IT, IT, IT'S, I CAN'T ANSWER THAT WITH, UH, TOTAL CONFIDENCE, UM, TO SECURE THAT ROOF.
BUT THAT, THAT IS ONE OF THE, THE, THE MAIN REASONS THAT ROOF DOES LOAD.
UM, DO WE WANT TO TRY, UM, FOR A MOTION OF SOME SORT? YES.
VICE CHAIR? WELL, I THINK THAT A FEW THOUGHTS.
ONE IS I'M A LITTLE, I'M A LITTLE UNCOMFORTABLE IN THIS ONE, YOU KNOW, KIND OF SPLICING THE ORDER AND SAYING FIX THIS PART AND, AND NOT THAT PART.
I THINK, UM, IF OUR CONCERN IS, YOU KNOW, CONSIDERING AN EXTENSION BECAUSE OF THE MITIGATING IF FACTOR, IT'LL HAVE ON THE AMOUNT OF THE FINES.
I, I, CORRECT ME IF I'M WRONG, BUT WHATEVER, ULTIMATELY WHETHER HOW THIS OWNERSHIP ASSORTED, UM, WHEN THIS IS REPAIRED, THE COST OF THOSE REPAIRS CAN BE APPEALED AGAINST THE, THE, THE, THE AMOUNT OF THE FINE.
UH, ROBERT MOORE, DIVISION MANAGER AUSTIN, THE CODE, UH, IT CAN BE OFFSET, OFFSET, NOT, NOT REALLY, I'M SORRY, OFFSET.
AND, AND I WAS ABOUT TO RAISE THAT UP, LIKE IF YOU'RE UNCOMFORTABLE, YOU KNOW, CUZ YOU CAN ONLY GIVE 90 DAYS, YOU KNOW, RIGHT NOW WE'RE LOOKING AT $250 A WEEK, THAT'S $13,000 A YEAR, SO WHATEVER REPAIRS, I MEAN THAT BUYS THEM A YEAR OF $13,000 WORTH OF VALUE.
SO YOU CAN LOWER OR INCREASE THE AMOUNTS BASED OFF OF HOW MANY, HOW MUCH TIME YOU FEEL COMFORTABLE WITH.
SO THE, I THINK THAT, UM, MECHANISM, UM, AT LEAST FOR ME, KIND OF SETS ME AT EASE IN TERMS OF THE, THE, THE, THE GOING AHEAD AND ADOPTING THE CITY RECOMMENDATION AS IS, IS NOT GOING TO, YOU KNOW, IMPOSE SOME SORT OF ONEROUS RISK OF A FINE BECAUSE IT CAN BE OFFSET BY THESE REPAIRS.
THAT'S, YEAH, THAT HELPS A LOT TOO.
UM, COMMISSIONER FRANCIS, I ALSO UNDERSTAND WE COULD MOVE THAT TO TWO 50 A MONTH.
IS THAT CORRECT? DO WE HAVE THE ABILITY TO CHANGE THAT FROM WEEKLY TO MONTH IF WE, IF WE SO CHOOSE COUNSEL? THANK YOU.
THAT'S ANOTHER WAY TO MAYBE MITIGATE THAT IMPACT.
ALSO, JUST A REAL QUICK QUESTION.
UH, COUNSEL, YOU SAID WE COULD CONTINUE THIS TO SOME DATE, CERTAIN SHOULD WE CHOOSE, IS THAT CORRECT? UM, YES.
COMMISSIONER, IF, UH, BECAUSE WE'VE ALREADY HAD THE HEARING, UM, IF YOU WANNA CONTINUE IT, YOU HAVE TO SET A DATE CERTAIN, UM, AND OKAY.
I ALSO HEARD MS. GONZALEZ SAY THAT SOUND LIKE MOST OF THE FAMILY MEMBERS ARE ON BOARD THAT, THAT THEY'RE READY TO MOVE AHEAD WITH ONCE THEY GET, CAN GET PROBATE KICKED OUTTA THE WAY THAT, THAT, THAT RIGHT.
THERE'S NOT THIS, WHAT I DIDN'T HEAR THAT WE'VE HEARD SOMETIMES IS I, SOME OF THE FAMILY MEMBERS HAVEN'T BEEN FOUND AND THAT'S JUST OH, BUT MS, IS THAT IN THE CASE THEY DIDN'T FIND ALL OF THEM? I THOUGHT, WELL, I BELIEVE THERE'S SEVERAL GENERATIONS, UH, SO I HEARD THAT WRONG.
BUT THE PEOPLE THAT ARE INVOLVED NOW ARE IN AGREEMENT IS WHAT I BELIEVE.
WELL EITHER WAY WE DON'T REALLY HAVE CONTROL OVER THAT ASPECT.
UM, SO WILL SOMEBODY LIKE TO, WILL
[01:55:01]
ONE OF THE COMMISSIONERS LIKE TO, UM, MAKE A MOTION EVEN IF WE CAN STILL DISCUSS IT? SURE.VICE CHAIR, I, UM, I MOVE THAT WE ADOPT THE, UM, STAFF'S RECOMMENDATION.
SO YOU MOVE FOR US TO ADOPT THE FINDINGS OF FINDINGS OF FACTS.
CONCLUSION, UH, I DON'T HAVE CONCLUSIONS OF LAW.
CONCLUSIONS OF LAW AS WELL AS THE RECOMMENDED ORDER AS WELL AS RECOMMENDED ORDER.
UM, COMMISSIONER MUELLER, COULD I MAKE A FRIENDLY AMENDMENT TO, UM, CHANGE THE FINE FROM PER WEEK TO PER MONTH? UM, YES, THAT'S, I ACCEPT THAT VICE CHAIR.
SO WE HAVE A MO AN AMENDED MOTION BY, UH, VICE CHAIR MADE A MOTION TO ADOPT, RECOMMENDED RECOMMENDED ORDER.
AND I HAVE COMMISSIONER MUELLER MAKING A FRIENDLY AMENDMENT TO CHANGE ONLY THE SECTION ABOUT THE FEES, UH, WEEKLY FEES TO BE MONTHLY.
SO ARE WE READY TO VOTE? THANK YOU.
TWO SECONDED THE MOTION COMMISSIONER A MUELLER.
COMMISSIONER FRANCIS SECONDED.
COMMISSIONER MUELLER AMENDED IT.
OKAY, WE'LL GO AHEAD AND VOTE.
AND COMMISSIONER FRYBERGER OPPOSED.
AND I'M ACTUALLY ALSO OPPOSED TO THIS ONE.
UM, WE DO HAVE, UM, ENOUGH TO CARRY THAT VOTE SO THAT, UM, ORDER WILL BE MAILED.
I THINK, UH, THE GONZALEZ FAMILY, YOU'RE STILL ON THE LINE WITH US? UH, THEY'RE MEETING, CORRECT.
MS. GONZALEZ, YOU'RE STILL ON THE LINE.
OH, MS. GONZALEZ, ARE YOU STILL ON THE LINE CHAIR? ARE WE READY TO MOVE TO THE NEXT ITEM? UM, I WANTED TO MAKE SURE TO LET THE OWNERS KNOW WHAT WE'VE DONE IN CASE, UM, IF THEY'RE NOT ON NO PROBLEM.
THEY ARE CURRENTLY, I'M NOT HEARING ANYTHING FROM THEM.
HELLO? MS. GONZALEZ? YES, I'M HERE.
SO YOU, I THINK YOU'VE HEARD EVERYTHING THAT WAS GOING ON THE LAST FEW MINUTES.
SOMEBODY'S PHONE IS ON? YES, YOU DID.
UM, SO YOU WILL GET A COPY OF THE ORDER MAILED, UM, AND YOU'LL BE ABLE TO REVIEW THAT, BUT WE HOPE THAT YOU CAN SORT OUT THE PROBATE SITUATION AND ALSO BE ABLE TO CARRY OUT THE WISHES OF THE FAMILY MEMBERS.
YES, I'M HOPING THAT QUICK, IS THERE ANY WAY THAT WE CAN, WE DON'T LIVE IN AUSTIN.
IS THERE ANY WAY WE CAN HAVE IT MAILED TO OUR CURRENT ADDRESS OR WHERE WE ARE? UM, WHAT IS THAT ADDRESS? OH, I, I WOULDN'T GIVE IT ON OVER THE PHONE OR YOU COULD CALL ME.
COULD YOU PLEASE CALL ME AND PROVIDE ME WITH THAT INFORMATION? WHO AM I CALLING? MELANIE ALLEY, THE COORDINATOR.
OH, OKAY, MELANIE, I WILL, UM, I'LL EMAIL YOU.
ALL RIGHT, WE CAN MOVE ON TO THE NEXT AGENDA.
[4. Case Number: CL 2023-015135]
MOVE TO ITEM NUMBER FOUR ON THE AGENDA, WHICH IS 7,613 JESTER BOULEVARD.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 23 15 1 35, AND IS REGARDING PROPERTY LOCATED AT 7,613 JESTER BOULEVARD.
STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS CASE WAS OPENED IN JANUARY, 2022 AS THE RESULT OF A FIRE.
THIS CASE IS REGARDING AN UNOCCUPIED TWO-STORY RESIDENTIAL STRUCTURE, WHICH IS HOMESTEADED THE STRUCTURE SUFFERED SEVERE FIRE DAMAGE AND IS UNINHABITABLE.
THIS, THERE IS NO RECORD OF A PERMIT APPLICATION IN OUR DATABASE TO DATE FOR
[02:00:01]
REPAIR OR DEMOLITION.THE STRUCTURE IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS AND REQUIRES DEMOLITION.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, AS WELL AS A FIRE INCIDENT REPORT, EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO H.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR RICHARD LEMON CUSA IS HERE, IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
THANK YOU COMMISSIONERS FOR HEARING OUR REQUEST TO ESTABLISH A SAFE CON CONDITION FOR THIS PROPERTY.
76 13 JESTER BOULEVARD IS A SINGLE, EXCUSE ME, SINGLE FAMILY HOME IN A NEIGHBORHOOD OF SIMILAR SINGLE FAMILY HOMES.
THE HOME IS AN AUSTIN FULL PURPOSE JURISDICTION AND IS IN THE CHESTER DEVELOPMENT OF FM 2222.
THE AUSTIN CODE CASE BEGAN WITH A RESIDENT COMPLAINT ABOUT RUBBISH AT THE EXTERIOR OF THE HOME, AND A NOTICE OF VIOLATION WAS ISSUED FOR UNSANITARY CONDITIONS WHILE THE CASE WAS BEING MANAGED FOR THE SANITATION VIOLATION.
A FIRE OCCURRED ON NEW YEAR'S EVE, JANUARY 1ST, 2022.
AUSTIN CODE DEPARTMENT HAS COMMUNICATED WITH THE PROPERTY OWNER ON SEVERAL OCCASIONS.
AUSTIN CODE WORKED WITH THE OWNER FOR HER FIRE DAMAGE PROPERTY AT 85 12 PUTNAM.
THIS COMMISSION ORDERED THE DEMOLITION OF THE PROPERTY IN DECEMBER.
AC D IS REQUESTING AN ORDER FOR DEMOLITION AT 76 13 CHESTER BOULEVARD.
THE STRUCTURE IS SEVERELY DAMAGED AND IS UNSIGHTLY AND IS AN INVITATION TO A NUISANCE CITY PERMIT.
DATABASE SHOWS NO APPLICATION FOR THE REPAIR OR DEMOLITION.
PICTURES ARE AVAILABLE TO DOCUMENT THE CONDITION AT THIS PROPERTY.
EXHIBIT TWO A, UM, SHOWS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY TAKEN FROM ORDINARY PUBLIC VIEW.
NEXT, UM, EXHIBIT TWO B SHOWS THE REAR OF THE PROPERTY AND SHOWS THE EXTENT OF THE FIRE DAMAGE THAT OCCURRED ON NEW YEAR'S EVE 2022.
EXHIBIT TWO C SHOWS THE RUBBISH AND DEBRIS, UM, PILED UP IN THE EXTERIOR OF THE PROPERTY.
UH, IT'S KIND OF THE DECK AREA AND, UH, ATTRACTIVE NUISANCE, UM, CAN ATTRACT ALL DIFFERENT KINDS OF ROAD INSPECTORS AND ALL THAT.
NEXT EXHIBIT TWO D, WE SEE AN INTERIOR PHOTO OF THE STRUCTURE.
ONCE AGAIN, YOU CAN SEE THE EXTENT OF THE FIRE DAMAGE, UM, EXTENSIVE DAMAGE TO THE TRADE, PLUMBING, MECHANICAL, ELECTRICAL SYSTEMS OF THE HOUSE.
NEXT PHOTO IS A PICTURE OF THE BACKSIDE OF THE HOUSE, UM, SHOWING UP WHERE I BELIEVE AUSTIN FIRE DEPARTMENT HAD DONE SOME, UH, EMERGENCY BOARD AND SECURE RIGHT AFTER THE FIRE HAD OCCURRED.
EXHIBIT TWO F IS A SHOT OF THE REAR OF THE PROPERTY.
THIS SHOT WAS TAKEN FROM THE NEIGHBORING PROPERTY, SO THIS GIVES YOU AN IDEA OF WHAT THE NEIGHBORS, UM, KIND OF HAVE TO LOOK AND DEAL WITH ON AN EVERYDAY BASIS.
DEFINITELY DEBILITATING ON THE QUALITY OF LIFE.
HERE'S ANOTHER SHOT ALSO FROM THE NEIGHBORING PROPERTY.
UM, THIS TIME SHOWING UP INTO THE SECOND FLOOR OF THE DWELLING.
ONCE AGAIN, SHOWING EXTENSIVE FIRE DAMAGE TO THE DWELLING.
EXHIBIT TWO H IS ANOTHER CONTEXTUAL SHOT, THE FRONT OF THE PROPERTY, UM, FROM THE STREET VIEW, UM, SHOWING KIND OF THE RIGHT-HAND SIDE OF THE PROPERTY BEFORE THE FIRE DAMAGE.
WE ACTUALLY HAD A CASE ON HERE FOR A WHILE JUST FOR THE UNSANITARY CONDITIONS THAT WERE ON THIS SIDE OF THE PROPERTY HERE, UM, LEADING DOWN TO THE WOODED AREA.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT
[02:05:01]
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 H.STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE RE REQUIRED 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 REMOVE HIS DEBRIS, LEAVING THE LOCK, CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM AUSTIN.
CODE TO VERIFY COMPLIANCE TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
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.
I'LL GO AHEAD AND EX, UM, AND ADMIT EXHIBIT ONE AND STAFF'S EXHIBIT TWO, WHICH CONSISTS OF THE PHOTOGRAPHS, UM, TWO A THROUGH TWO H, AND I BELIEVE WE ALSO HAVE EXHIBITS FROM THE OWNER.
SO I'LL GO AHEAD AND ADMIT, UM, IS IT MR. PK? YEAH, THANK YOU.
UM, I'LL ADMIT YOUR EXHIBITS AS WELL THAT YOU SUBMITTED.
UM, DO YOU HAVE ANY OTHER EXHIBITS THAT YOU BROUGHT TONIGHT OR DID YOU ALREADY SUBMIT EVERYTHING? I DID BRING, UH, SOME OF THE DIFFERENT BIDS I HAVE FROM CONTRACTORS THAT I'VE BEEN WORKING WITH.
I DID BRING, UH, SOME OF THE BIDS THAT I'VE GOTTEN FROM DIFFERENT CONTRACTORS THAT I'VE BEEN WORKING WITH FOR THE PROJECT.
I'LL GO AHEAD AND ADMIT, UM, THOSE ONCE WE GET THEM.
I ALSO HAVE SOME ADDITIONAL EXHIBITS, WHICH I THINK IS FROM A NEIGHBOR.
UM, WE'LL ADMIT THOSE AHEAD OF, UM, THE PRESENTATIONS AS WELL JUST TO MAKE SURE WE'RE EFFICIENT HERE.
BUT MR. PANK, YOU CAN PROCEED WITH YOUR TESTIMONY.
YOU DO HAVE FIVE MINUTES, SO MAKE SURE TO USE THE TIME WISELY.
ALRIGHT, WELL I'LL FIRST READ THE STATEMENT.
THAT'S THE SUBMITTAL THAT I MADE TO YOU ALL.
UM, ON JANUARY 2ND, 2022, THE HOUSE SED SIGNIFICANT FIRE DAMAGE DUE TO THE FIRE, WHICH STARTED FROM UNKNOWN REASONS.
ON THE UPPER BACK DECK, A MAJOR PART OF THE HOUSE WAS DESTROYED AS WELL AS ELECTRICAL SYSTEMS. HOUSE WAS RULED IN UNINHABITABLE BY CITY CODE OFFICERS AS HAD NOT BEEN OCCUPIED SINCE.
ALTHOUGH OVER THE LAST YEAR, I'VE BEEN VISITING THE PROPERTY MULTIPLE TIMES PER WEEK TO CLEAR OUT PERSONAL POSITIONS, REMOVE DEBRIS.
I'VE ACTUALLY HAD THREE 20 CUBIC YARD DUMPSTER, LOADS OF DEBRIS REMOVED FROM THE PROPERTY OVER THIS TIME, AND MAINTAINED LANDSCAPING AS WELL AT THE FRONT OF THE HOUSE, WHICH FORTUNATELY WASN'T SIGNIFICANTLY DAMAGED IN PRESERVED ITS AESTHETIC VALUE.
PROCESS OF RECOVERING PERSONAL ITEMS WAS QUITE TIME CONSUMING.
BOOKS, COLLECTIBLES, FAMILY PHOTOS, MEMENTOS, ET CETERA.
SINCE THERE A SIGNIFICANT NUMBER OF PERSONAL EFFECTS I WAS CONCERNED, A DEBRIS CONTRACTING CREW WOULD DIS CERTAINLY DISCARD SINCE I JUST STARTED NEW JOB RIGHT AFTER THE FIRE AREA, AS WELL AS ABOUT A COVID DURING THE SUMMER, THE PROCESS TOOK CONSIDERABLY LONGER THAN ORIGINALLY ANTICIPATED.
OVER THIS TIME, I'VE WORKED WITH A NUMBER OF DIFFERENT CONTRACTORS AND ENGINEERS TO TRY TO COME UP WITH AN APPROPRIATE PROCESS FOR DEMOLITION AND RECONSTRUCTION WITH MY U S A A INSURANCE AND MY OWN FUNDS.
I'M PLANNING ON SPENDING ABOUT 600 K FOR THE PROCESS.
MAIN PORTION OF THE HOUSE WAS BUILT IN 1987, IS APPROXIMATELY 2,400 SQUARE FEET AT SITS ON A CONCRETE SLAB.
UP TO NOW MY INTENT SPEND TO SALVAGE MUCH OF THE HOUSE THAT ESTIMATED ONLY ABOUT 30% OF THE WOOD WAS IMPACTED BY THE FIRE.
MY BIDS FOR THIS IS GREAT, VARIED GREATLY FROM ONE CONTRACTOR WHO BID TO COMPLETE ALL THE WORK WITHIN THAT BUDGET TO BIDS ALMOST TWICE THAT MUCH.
UNFORTUNATELY, AFTER CHECKING REFERENCES, LOOKING AT OTHER WORK DONE BY THE LOWER BID CONTRACTOR, I'VE REJECTED THAT SINCE I WAS CONCERNED.
THE FINISHED PRODUCT WOULD NOT ACTUALLY BE UP TO THE STANDARDS OF CONSTRUCTION FOR JUST YOUR NEIGHBORHOOD WERE WORSE YET THAT THEY MIGHT BOUGHT OFF MORE THAN THEY COULD CHEW AND END UP ABANDONING THE PROJECT.
PARDON? MY GOAL IN RETAINING THE ORIGINAL STRUCTURE WAS NOSTALGIC SINCE I RAISED MY FAMILY IN THAT HOUSE.
PART WAS ENVIRONMENTAL CONSCIOUSNESS AS THE IDEA OF DEMOLITION OF SO MUCH WOOD, WHICH SEEMED IN GREAT SHAPE, SEEMED VERY WASTEFUL.
PART WAS WANTING TO LEAVE THE STONEWALL AT THE FRONT OF THE HOUSE IN PLACE.
SO THERE WAS MINIMAL VI IMPACT TO THE CONSTRUCTION ON THE NEIGHBORHOOD.
UNFORTUNATELY, ALL THE MOST REPUTABLE BIDS FOR TRYING TO REHAB THE EXISTING STRUCTURE, PROVEN COST PROHIBITIVE.
RIGHT NOW I HAVE AN AE WHO I'M WORKING, CONTRACTING WITH TO COME UP WITH A NEW PLAN, WHICH WILL UNFORTUNATELY REQUIRE DECONSTRUCTION OF THE STONE FRONT OF THE HOUSE IN COMPLETE DEMOLITION OF THE MAIN PART OF THE STRUCTURE, LEAVING ONLY THE 1994 EDITION IN THE GARAGE.
[02:10:01]
THE GARAGE AND THE ADDITION THAT WAS BUILT, UH, TO THE SIDE OF THE PROPERTY, HAVE BEEN REVIEWED BY ENGINEERS AND HAVE NO FIRE DAMAGE, NO WATER DAMAGE, THERE'S NO REASON TO TEAR DOWN THOSE STRUCTURES.UM, HE'S ASSURED ME HE COMPLETE THIS PROJECT WITHIN MY ORIGINAL BUDGET AND THE FINISHED PRODUCT WILL MEET NEIGHBORHOOD STANDARDS SINCE THIS WILL BE A SIGNIFICANT VISUAL IMPACT TO THE NEIGHBORHOOD ONCE DEMOLITION TAKES PLACE, I DIDN'T WANNA START THE PROCESS UNTIL MY AE HAD COMPLETED PLANS FOR REBUILD AND HAD THEM APPROVED BY THE CITY.
SO CONSTRUCTION CAN MEET, PROCEED IMMEDIATELY AFTER DEMOLITION.
I AM PROVIDING BIDS AND PROOF OF IN FINANCE UPON REQUEST.
MY NET WORTH IS OVER A MILLION AND I HAVE A JOB THAT'S PAYING WELL OVER A HUNDRED THOUSAND A YEAR.
SO IT'S NOT A LIMIT OF RESOURCES, IT'S DELAYED CONSTRUCTION, BUT RATHER MY PROCESS OF CLEANING OUT THE HOUSE ENOUGH TO FACILITATE PROPER INSPECTION AND EVALUATION BY CONTRACTORS AND THE PROCESS OF BRINGING IN VARIOUS CONTRACTORS, TRYING TO MAKE SURE THE PRO PROJECTS PROPERLY SCOPED AND DIS ALLOWING TO AVOID DELAYS ONCE DEMO CONSTRUCTION BEGINS.
THERE'S A NUMBER OF PROJECTS IN THE JESTER NEIGHBORHOOD WHERE CONSTRUCTION BA BEGAN AND THEN STOPPED FOR EXTENDED PERIODS OF TIME, LEAVING, IN MY OPINION, MUCH MORE BLIGHT THAN LEAVING THE STONE FACE OF MY HOUSE.
AND ALSO LOOKING AT THOSE EXHIBITS THAT WE LOOKED AT EARLIER, UM, THEY SHOWED A TWO E THAT SHOWED THE GARAGE DOOR AS A BIG WOODEN PANEL, AND THAT WAS AS IT WAS FROM THE FIRE DEPARTMENT.
AS YOU CAN SEE, I HAVE PUT UP A GARAGE DOOR PANELS TO COVER THAT UP.
SO AESTHETICALLY, THE FRONT OF THE HOUSE REALLY, EXCEPT FOR SOME SMOKES NEAR THE SMOKE DAMAGE NEAR BLACKENED, WHERE YOU CAN SEE IT BY THE SOFFITS OR THE ATTIC, THAT FRONT OF THE HOUSE LOOKS ESSENTIALLY AS IT DID BEFORE.
UM, STRUCTURE AND PROPERTY HAS BEEN CONTINUED TO BE FULLY INSURED BY U S A A DURING THIS TIME.
AND I'VE BEEN COMMITTED TO MAINTAINING THE PROPERTY WHILE THIS CONTINUES, WHICH IS INCLUDE MOWING, TRIMMING, WEEDING, RAKING LANDSCAPES, SWEEPING DRIVEWAY AND WALK, PING AND RE PROMPT P PERMITTING AND REMOVAL OF THE DOWN BRANCHES AFTER THE RECENT ICE STORM.
OTHER AESTHETIC ACTIVITIES, UM, ONE STEP, UH, YOU KNOW, IF THE DECISION IS MADE THAT IT WOULD ACTUALLY BE AESTHETICALLY BETTER FOR THE NEIGHBORHOOD TO TEAR DOWN THAT STONE WALL BEFORE THE STONE FRONT OF THE HOUSE AND DO THE COMPLETE DEMOLITION OF THE MAIN PORTION OF THE HOUSE.
UM, BEFORE, UM, I HAVE PR PLANS CLEARED BY CITY CODE AND EVERYTHING, AND THEY'RE READY TO START BUILDING.
YOU KNOW, IT'S, IT, I HAVE, YOU KNOW, I HAVE TALKED TO DEMOLITION CREWS, I CAN GET THEM OUT THERE AND WE CAN PROBABLY WITHIN 60 DAYS, 60 AND 90 DAYS, I COULD HAVE ALL THE PERSONAL EFFECTS TAKEN OUT OF THERE THAT WE NEED TO RECOVER AND HAVE THAT HOUSE DEMOLISHED.
I THINK THAT, PERSONALLY MY OPINION WAS THAT WOULD LOOK UGLIER TO THE NEIGHBORHOOD THAN THE STANDING STRUCTURE UNTIL THEY'RE READY TO START CONSTRUCTION.
BUT, UM, THAT'S A MATTER OF, YOU KNOW, CODE COMPLIANCE TO DECIDE.
I GUESS, UH, AS FOR THE, LIKE I SAID, AS FOR THE ADDITION OF THE HOUSE THAT WAS BUILT IN 93, WHICH DID NOT SUFFER ANY FIRE DAMAGE, UM, I WOULD ACTUALLY BE REALLY RESISTANT TO THAT BEING IDENTIFIED FOR DEMOLITION BECAUSE THERE IS NO DAMAGE TO IT.
I OBVIOUSLY, IF DEMOLITION OF THE MAIN STRUCTURE TOOK PLACE WOULD HAVE TO PUT ADDITIONAL SECURITY IN PLACE TO KEEP ANYBODY FROM GOING INTO THERE.
BUT UM, THE SAME WITH THE GARAGE.
THE GARAGE IS A FULLY INTACT STRUCTURE AND THERE IS NO GOOD REASON WHATSOEVER FOR THAT TO BE DEMOLISHED.
OH, AND I, IF I COULD ADDRESS ONE REAL QUICK COMMENT ALSO.
WHAT'S THAT, MR. PANK OVER HERE.
UM, SO MAKE SURE I DIDN'T, IT'S REAL QUICK.
THERE WAS A COMMENT EARLIER ABOUT A CODE VIOLATION REFER REGARDING DEBRIS ALONGSIDE MY HOUSE.
THAT CODE VIOLATION WAS ACTUALLY BECAUSE SOMEBODY WAS COMPLAINING THAT I HAD A KAYAK ALONGSIDE MY HOUSE.
I THINK YOU COULD GO THROUGH NA AUSTIN NEIGHBORHOODS AND FIND KAYAKS ALONGSIDE HOMES IN MANY, MANY PLACES.
WE'RE NOT TALKING ABOUT A BOAT ON A TRAILER OR ANYTHING.
IT'S A KAYAK AND IT'S ON A DOWNHILL SLOPE AND IT'S OUT OF VISION UNLESS SOMEBODY ACTUALLY WALKS INTO THE YARD AND LOOKS DOWN THE HILL.
UM, SOMEBODY IS ONLINE THAT HAS THE PHONE UNMUTED, I THINK.
OH, COMING ON A STILL STAND STILL.
DID YOU HAVE I'M JUST ADVISING THE PROPERTY.
I'M JUST ADVISING THE PROPERTY OWNER WHEN HIS TIME HAS EXPIRED.
I CAN'T MAKE OUT WHAT YOU WERE SAYING.
CAN YOU PLEASE REPEAT THAT, PLEASE? REPEAT THAT.
I'M HAVING AUDIO ISSUES THIS EVENING.
[02:15:01]
I BELIEVE WE DO HAVE, UH, UM, MR. LOUGHLIN HERE.WOULD YOU LIKE TO STEP UP TO THE DESK? LET'S SEE.
THERE'S, ARE OTHERS ON THE PHONE TOO, I BELIEVE? ALL RIGHT.
SO THOSE PICTURES THAT YOU SAW, THAT'S WHAT WE LOOK AT.
UM, THIS IS ACTUALLY VERY TOUGH FOR ME.
THERE'S, PHIL AND I HAVE BEEN NEIGHBORS FOR 30 YEARS.
UM, I, I BUILT THE HOUSE, MY HOUSE, UH, 35 YEARS AGO.
I'VE ALWAYS TRIED TO BE A GOOD AND HELPFUL NEIGHBOR.
UM, WHEN THE DOGS WERE OUT, WE'D PUT THE DOGS UP WHEN, WHEN THE, HE MAY, WHOEVER COMES OUT WELL, ON A DOG COMPLAINT, I WOULD LET HIM KNOW.
UM, WHEN CODE COMPLIANCE CAME OUT AND TOOK PICTURES OF THE CARS THAT WERE IN HIS DRIVEWAY FOR YEARS, I WOULD LET HIM KNOW, BUT AT THE SAME TIME, IT NEEDED TO BE FIXED.
I WILL TELL YOU, THERE'S, TO ME, IT'S A DIFFERENT STORY THAN SOME OF WHAT YOU JUST HEARD HERE.
UM, IF YOU LOOK AT SOME OF THE PICTURES, PHIL'S HOUSE HAS NEVER LOOKED LIKE ANY OF THE OTHER HOUSES IN JESTER.
IT'S A DIFFERENCE OF, I, YOU KNOW, IT'S A DIFFERENCE OF OPINION.
I DON'T LIKE OYSTERS, BUT
YOU SAW THE FRONT SHOTS IN MY THING.
I HAVE SOME PICTURES OF OTHER HOUSES, MY OWN IN THE NEIGHBORHOOD.
UM, IT'S JUST, IT'S, IT'S JUST DIFFERENT.
THE WAY HE'S KEPT HIS HOUSE AND WHAT HE'S LEFT OUT THERE.
THE NET OF ALL THIS IS WE'VE LIVED NEXT TO IT.
15 MONTHS, AND REALLY NOTHING HAS BEEN DONE.
YES, THERE'S BEEN SOME, UH, UH, THE BIG CONTAINERS COME, THEY STAY FOR A WEEK AND GO, BUT IF YOU LOOK AT MINE, I'LL SHOW YOU PICTURES FROM THE BACKYARD.
THOSE WERE TAKEN YESTERDAY OR THREE DAYS AGO WHEN I PUT THE THING TOGETHER.
IF YOU GO FORWARD, UM, THAT'S, THAT'S HOW IT LOOKS RIGHT NOW.
SO I, IT'S JUST SOMETHING NEEDS TO BE DONE.
I, I WANT HIM TO BE ABLE TO DO WHAT HE NEEDS TO DO, BUT IT, IT TAKES APPARENTLY SOME PRESSURE BECAUSE HE TALKED, IF YOU GO BACK TO THE FRONT PICTURES, HE TALKED ABOUT THE GARAGE DOOR.
WELL, THE PLYWOODS STILL THERE, BUT HE BOUGHT A GARAGE DOOR TO PUT UP IN FRONT OF IT, EXCEPT FOR A LONG WHILE IT WAS HALF HANGING OVER.
HE JUST FIXED THAT UP IN A COUPLE OF WEEKS BEFORE COMING TO THE MEETING.
SO I DON'T UNDERSTAND THE CONCEPT ABOUT THE GARAGE BEING A GOOD STRUCTURE.
THERE'S SOOT BURN MARK COMING OUT, ALL THE SOFFITS.
IF YOU GO TO THE BACK PICTURE, I'M SORRY, GO AGAIN.
UH, NO, UH, WELL THAT'S FINE, BUT THE DOOR, THERE'S THE DOOR IS THE BACK OF THE GARAGE AND ALL THAT BURNT STUFF IS ON TOP OF PART OF THE GARAGE.
I DO AGREE THE ADD-ON PIECE IS STILL IN GOOD SHAPE.
CONCERN HERE IS WE HAVE CAUGHT TEENAGERS IN THE HOUSE BREAK, THROWING THINGS, BREAKING THINGS.
I KEEP FINDING THE BACK DOOR TO THE LIVABLE SECTION OF THE HOUSE OPEN AND I CALL 'EM EACH TIME AND I GO OVER AND SHUT IT.
WE DO HAVE HOMELESS PEOPLE THAT LIVE DOWN IN BULL CREEK.
I'VE NEVER SEEN A HOMELESS PERSON OVER THERE, BUT I DON'T MONITOR IT ALL THE TIME IN MY PRESENTATION, WHICH ISN'T THE THING I JUST TALK ABOUT SOME OF THE THINGS THAT WE'VE HAD TO DO TO ATE THE ISSUES WE'VE HAD.
ONE OF 'EM IS HE STARTED DOING AIRBNB, WHICH IS FINE, BUT, UH, AND THAT'S BETWEEN HIM AND CODE.
BUT, UH, WE WERE CONTINUALLY GETTING PEOPLE AT OUR DOOR AT 2:00 AM 4:00 AM BECAUSE WE'RE 76 15, HE'S 76, 13.
AND THE TIME HE REALLY COULDN'T SEE HIS ADDRESS CUZ OF THE VEGETATION.
I HAD TO PUT IN A SECURITY IN A CAMERA SYSTEM ON THAT CAMERA SYSTEM.
NOW I CATCH NOW ALL THE ANIMALS THAT ARE GOING ACROSS MY FRONT YARD.
I HAVE ON VIDEO, SKUNKS, RINGTAIL, CATS, FOXES.
NOW, I'M NOT SAYING THEY'RE ALL COMING FROM THAT HOUSE.
WE LIVE UP IN A, IN A WOODED AREA, AND THAT'S THE FINAL THING.
I WAS THE FIREWISE COORDINATOR FOR JESTER FOR A WHILE.
WE ARE ON TOP OF A HILL AND WE'RE SURROUNDED BY THE B CCP, BONIA CANYONLAND PRESERVE, WHICH A F D THE FIRE DEPARTMENT IS NOT UN EVEN ALLOWED TO GO IN AND CLEAR DEADFALL OR BACK FROM THE PROPERTY LINES.
WE WORKED, WE, WE HAD A EXPERIMENTAL ONE B CCP IS VERY PROTECTIVE BECAUSE THAT'S THE GOLDEN CHIEF WARBLER AND THE BLACK CAT BURIAL AND ALL THAT.
AUSTIN FIRE DEPARTMENT HAS TOLD US OVER AND OVER WE ARE AT HIGH RISK OF A URBAN WILDFIRE.
SO IT'S, WHEN YOU LOOK AT THAT, THAT'S HOW IT'S BEEN.
SO THAT'S, THAT'S WHAT I HAVE.
THANK YOU SO MUCH MR. LOUGHLIN.
UM, WE APPRECIATE YOU COMING HERE TO SHARE WITH US, UH, WHAT'S BEEN GOING ON IN THE NEIGHBORHOOD.
UM, WE DO HAVE SOME OTHER PEOPLE ON, ON ONLINE
[02:20:01]
PROMOTING IN, SO I THINK WE SHOULD JUST GO DOWN THE LIST, MAKE SURE IF THERE'S ANYBODY THAT TRULY WANTS TO SPEAK, AND THEN WE CAN COME BACK AND ASK ANY OTHER QUESTIONS.SO I SHOW, UH, MS. LISA LOUGHLIN.
UM, AND WE HAVE, UH, MR. JOHN COOK.
UM, IF YOU ARE ONLINE, PLEASE MAKE SURE TO UNMUTE AND YOU WILL HAVE THREE MINUTES TO GIVE US YOUR TESTIMONY.
HE IS NOT KIRK GOOD JOHN COOK.
HE SHOULD HAVE AN EXHIBIT AS WELL.
IF HE'S NOT ON, I CAN, UM, JOHN, JOHN COOK IS HERE.
UH, DIDN'T EVER GET AN INSTRUCTION ABOUT STAR SIX TO UNMUTE? OH, OKAY.
UM, YOU DO HAVE THREE MINUTES SO YOU CAN GO AHEAD AND START.
I'M GOING TO TRY TO FIT 25 YEARS OF CONTEXT INTO A THREE MINUTE DISCUSSION.
THE DETAILS OF MY KEY POINTS ARE IN THE PICTURES AND WORDS OF MY WRITTEN SUBMITTED TESTIMONY.
FEEL FREE TO ASK QUESTIONS AS WE GO OR ASK ME AT THE END.
PART ONE, FAILURE TO CONTROL THEIR DOGS.
WHY BRING THIS UP? TO HELP YOU WITH THE CONTEXT OF WHAT'S GOING ON HERE.
MR. PAK HAS BEEN A DIFFICULT NEIGHBOR FROM THE BEGINNING.
HE TAKES ADVANTAGE OF THE GOOD GRACES OF OTHER NEIGHBORS HISTORY SHOWS.
HE EXPECTS OTHERS TO STOP AND CARE FOR HIS LOOSE DOGS AND CLEAN UP THEIR POO AFTER HIM.
NEXT SECTION, HISTORY OF ILLEGAL FIREWORKS.
YOU GUYS PROBABLY HAVE THE EVIDENCE FROM YOUR SEARCHES OF THREE 11 AND 9 1 1 CALLS FROM THE PAST YEARS.
THIS IS IMPORTANT CONTEXT TO UNDERSTAND WHERE WE'RE AT NOW.
WE'RE IN THE SECOND HEARING IN FOUR MONTHS TO CONSIDER DEMOLISHING A SECOND PANK HOUSE.
THESE WERE BOTH CAUSED BY FIREWORKS.
THESE WERE NOT, IN MY OPINION, ACCIDENTS.
IT'S A SAD CONTINUATION OF A HISTORY WORLD PAY, UM, OF, UH, ALEX PANEK, EVEN FROM WHEN HE WAS NOT AT 18 YEARS OLD.
THE TWO FIRES HAPPENED EXACTLY ONE YEAR APART, CAUSED THE SAME WAY I DID.
FREEDOM OF INFORMATION REQUESTS, GOT THE REPORTS FROM THE POLICE AND THE FIRE DEPARTMENT.
THIRD POINT FAILURE TO MAINTAIN THEIR PROPERTY.
AGAIN, CONTEXT FOR YOU MR. PAN'S.
FAILURE TO CLEAN UP OR REPAIR HIS FIRE.
DAMAGE IS NOT A RECENT DEVELOPMENT.
IT'S A PATTERN OF UNFRIENDLY DEVELOPMENT, OF UNFRIENDLY BEHAVIOR AND LACK OF EFFORT.
I'VE INCLUDED PHOTOS IN MY SUBMISSION SHOWING THE SAME MESS IN THE SAME PLACES GOING BACK FIVE YEARS.
THEY SHOW HIS VINES, HIS SHRUBS UNDONE, HIS UGLY FRONT YARD THAT DRAGS DOWN MR. LAUGHLIN'S PROPERTY SIGNIFICANTLY IN VALUE.
MR. SK MOCKS OUR NEIGHBORHOODS OF VULNERABILITY TO WILDFIRE BY CONTINUOUSLY STACKING FLAMMABLE BRUSH IN HIS FRONT AND BACKYARDS.
NEXT POINT, FIRES AT TWO PROPERTIES.
AS I ALREADY SAID, THE POLICE REPORTS AND FIRE MARSHAL REPORTS SAY IT TOO.
ALEX PANCHE CONTRIBUTED TO THE FIRES ON BOTH PROPERTIES ON TWO CONSECUTIVE NEW YEAR'S DAYS.
NEXT POINT, FAILING TO REPAIR THE FIRE DAMAGE.
SO AFTER WATCHING THE FIRST YEAR IN 2021 OF THE INACTION ON PUTNAM DRIVE, WE WERE WORRIED HOW BAD WOULD IT BE IF THERE'S A FIRE AT JESTER? WOULD ALEX PANK RETURN TO THE JESTER PROPERTY FROM HIS PUTNAM DRIVE HOUSE? OUR FEARS CAME TRUE ONE YEAR TO THE DAY LATER.
NOW ALL OF US WHO ARE ON NEIGHBORS ON JESTER HAVE SUFFERED OUR 15 MONTHS OF STINK OF CHEMICAL SMELLS, OF TRASH.
CHILDREN WHO'VE ENTERED THE PROPERTY BECAUSE IT'S UNSECURED DOORS LEFT OPEN OR UNLOCKED OF MORE BRUSH PILES AND NO EFFORT TO CLEAN OR REPAIR HIS HOUSE.
NEXT POINT, APPARENT MANIPULATION OF THE AUSTIN CODE DEPARTMENT.
I'VE LEARNED A LOT ABOUT THE CODE DEPARTMENT AND HOW IT WORKS.
IN THE PAST 15 MONTHS, I'VE MET WITH THE PUTNAM DRIVE NEIGHBORS AND I CELEBRATE THEIR SUCCESS IN TESTIFYING AND SEEING THE DEMOLITION ORDER FROM LAST DECEMBER.
[02:25:01]
I'VE LEARNED THAT THERE ARE PATTERNS OF WHAT'S HAPPENING ON JESTER BY PIA.HE HAS MISREPRESENTED TO YOU, IN MY OPINION, AND TO US THE NEIGHBORS, HIS ACTIONS AND INTENT ABOUT CONTRACTORS AND FOR EITHER REPAIR OR DEMOLITION.
HE HAS PUT UP U S A A INSURANCE SIGNS MOSTLY IN AN EFFORT TO, TO FOOL THE NEIGHBORS INTO THINKING THAT SOMETHING WAS GONNA HAPPEN.
HE'S MANIPULATED THE LOCKED WATER METER.
I'VE CALLED THE THREE 11 AND REPORTED HIM ON THIS.
HE HAS ALSO TRIED TO GAIN YOUR SYSTEM AND TIME THE ARRIVAL OF HIS DUMPSTERS, WHICH WERE ALL SHORT-TERM DUMPSTERS WITH HIS EXPECTED DATES OF THE MONTHLY CHECKS OF KEENAN AND THE OTHER CODE COMPLIANCE GUYS.
NO DUMPSTER EVER LEFT HIS PROPERTY EVEN HALF FULL.
UM, I JUST WANTED YES TO LET YOU KNOW THAT YOUR TIME IS ACTUALLY UP, SO MAKE SURE TO WRAP UP WITHIN THE NEXT FEW SECONDS.
OKAY, SO I'LL SKIP THE PART ABOUT HIS ABANDONED VEHICLES THAT HE'S BEEN MOVING BACK AND FORTH, AND GO TO THE SUMMARY.
FIRST, PLEASE RE PLEASE ORDER THIS HOUSE DEMOLISHED IN THIS PROPERTY CLEANED.
SECOND, PLEASE STOP HIM FROM THE SHELL GAME OF MOVING JUNK FROM PROPERTY TO PROPERTY.
THIRD, THIS HOUSE IS DANGEROUS.
Y'ALL SHOWN OTHER HOUSES AND OTHER CASES TONIGHT WITH FENCING.
WE KNOW IT TAKES EIGHT OR NINE MONTHS AFTER THE ORDER IS ISSUED TO KNOCK THIS HOUSE DOWN.
YOU GUYS NEED TO ENJOIN MR. PANK TO STOP HIM FROM HIS MANIPULATIONS AND FROM MOVING TRASH AROUND.
THANK YOU SO MUCH AND, UH, WE APPRECIATE YOUR TIME AS WELL AS THE EXHIBITS THAT YOU PROVIDED, AND THOSE HAVE BEEN ADMITTED, SO WE'LL CONTINUE TO TAKE A LOOK AT THEM.
UM, UH, DO WE HAVE, UH, MS. COOK AS WELL AND IS SHE WANTING TO SPEAK TO US TODAY? MARY ELLEN COOK.
MS. COOK, WHITNEY, AND MS. COOK.
MARY ELLEN WILL NOT BE SPEAKING.
UM, WE MIGHT ALSO HAVE A MR. CHARLES CLARKS? NO.
WHAT ABOUT, UH, KEVIN DOUGLAS OR JENNA DOUGLAS? YES, THEY ARE.
UM, YES, THIS IS JONNA DOUGLAS.
UH, MS. SORRY, I MISPRONOUNCE YOUR NAME.
UM, YOU MAY PROCEED AND YOU HAVE THREE MINUTES TO GIVE US YOUR TESTIMONY.
UM, JUST ECHOING WHAT OTHER NEIGHBORS HAVE SAID, UM, I DO BELIEVE THAT HE HAS MISREPRESENTED THE CLEANLINESS.
I DO KNOW THAT THOSE DUMPSTERS DID COME, THEY DID NOT LEAVE FULL BY ANY MEANS.
UM, THIS HOME HAS ALWAYS BEEN A CONCERN, UM, IN ITS APPEARANCE OF LANDSCAPE, UM, ABANDONED VEHICLES, UM, THE AIRBNB BUSINESS AS WELL.
UM, YOU KNOW, HE'S ONLY BEEN THERE PART-TIME, UM, EVEN BEFORE THE FIRE AND IT'S, IT'S, UM, IT'S ALWAYS BEEN UNSIGHTLY AND THERE HAVE BEEN MANY CODE VIOLATIONS, AND I KNOW MANY OF THEM HAVE BEEN REPORTED, AND I KNOW THAT HE HAS A SIGNIFICANT AMOUNT OF EFFECTS IN THE HOME.
UM, AN UNSIGHTLY AMOUNT THAT WERE, YOU KNOW, DAMAGED TO SOME EXTENT AT THIS POINT, 15 MONTHS LATER HAS BEEN PLENTY OF TIME FOR HIM TO GET ANY OF THOSE EFFECTS OUT THAT HE WANTED, UM, AND TO MAKE SOME SORT OF ACTIONS.
HE DOES NOT DENY THAT HE HAS THE RESOURCES TO DO SO.
UM, AS, UH, MR. COOK MENTIONED AS WELL, IT IS UNSECURED.
WE LIVE UP AGAINST A WILDLIFE PRESERVE.
WILDLIFE COMES UP ALL THE TIME.
IT'S UNSAFE FOR THE WILDLIFE, IT'S UNSAFE FOR THE PEOPLE.
I'M VERY CONCERNED ABOUT ADDITIONAL FIRES HAPPENING HERE IF SOMETHING DOESN'T HAPPEN.
AND I DO IMPLORE THE COMMISSION TO CONSIDER, UM, MANDATORY FENCING.
UM, UNTIL THIS CAN BE DEMOLISHED OR DEALT WITH, IT IS UNSIGHTLY AND, UH, REAL DANGER TO THE ENTIRE COMMUNITY.
WOULD MR. DOUGLAS ALSO WANT TO SPEAK TO US TONIGHT? UM, NO.
WELL BE ON STANDBY IN CASE WE HAVE QUESTIONS.
UM, DO WE HAVE, UH, MS. LAE ANGELA
[02:30:01]
LAE? YES.UM, YOU MAY START WHENEVER YOU'RE READY AND YOU DO HAVE THREE MINUTES TO GIVE US, UH, OKAY.
SO MY FIRST POINT IS WHEN, UH, HE SAID THAT THE FRONT LOOKS AS BEFORE, I HAVE NEVER SEEN THE FRONT DOOR TO THIS HOUSE.
IT, THE RUBBISH HAS BEEN THERE FOR YEARS.
I HAVE ONLY BEEN IN THIS NEIGHBORHOOD FOR 10 YEARS, AND I, LIKE I SAID, WELL, OH, IN THOSE 10 YEARS, I HAVE NEVER SEEN THE FRONT DOOR.
UM, OUR NEIGHBORHOOD, UNFORTUNATELY, HAS THREE TYPES OF POISONOUS SNAKES, RATTLESNAKES, CAR FOR HEADS, AND CORAL SNAKES.
THE WAY HE KEEPS HIS PROPERTY IS BASICALLY, UH, ASKING, ASKING SNAKES TO LIVE THERE AND THEN, UM, UH, REPRO PRODUCE AND COME ON ONTO OUR YARDS WHERE OUR CHILDREN PLAY.
UM, IT IS ALSO THE WAY HE KEEPS HIS PROPERTY IS, UH, IT'S HIDING PLACES FOR ALL OUR, THE WILDLIFE THAT LIVES BEHIND US, UH, INCLUDING RABBIT WILDLIFE.
THAT DOES OCCUR IN AUSTIN FROM TIME TO TIME.
HAVING SAID THAT, UM, WE HAVE, UM, THE, UH, WE HAVE TRAILS IN OUR, IN THE PROTECTED YARD, UM, IN OUR PROTECTED, UM, BACK, YOU KNOW, YARD BACK.
UH, OUR PROPERTY IS BACKED UP TO, UM, AND THERE ARE, THERE ARE RULES THAT HAVE BEEN SET, FOR EXAMPLE, FROM MARCH 1ST THROUGH JULY 31ST.
CITIZENS CAN ONLY, UH, THE ONLY WAY THEY CAN GO OUT THERE IS THROUGH PERMITS BECAUSE WE DO HAVE THE GOLDEN CHEEK WALL ALERTS BREEDING SEASON BACK THERE.
PEOPLE CANNOT WALK BACK THERE DURING, UH, UH, FROM DUSK TO DAWN OR FROM DAWN TO DUSK, ACTUALLY.
UM, WE DO HAVE SOME ISSUES EVERY ONCE IN A WHILE OF, UH, HOMELESS PEOPLE BACK THERE.
SO ALL OF THESE, THE UN, THE UNKEPT PROPERTY IS HIS UNKEPT PROPERTY, IS JUST ASKING FOR THESE WA THIS WILDLIFE AND THESE PEOPLE TO SAY, OH, I, I CAN GO LIVE THERE.
THIS, THIS IS A, A PLACE THAT, UM, THAT I WILL, UH, BE SAFE IN.
AND THEY THEN, UM, PUT NOT ONLY OUR, THE NEIGHBORHOOD AT RISK, THEY PUT OUR CHILDREN AT RISK.
THERE IS A BUS STOP FOR ELEMENTARY CHIL, UH, SCHOOL-AGED CHILDREN, THREE HOUSES AWAY FROM HIM.
UM, I MEAN, I DON'T KNOW, UH, WHAT ELSE TO SAY.
UM, I, I DON'T FEEL SAFE IN MY PLACE, IN MY HOME.
YOU KNOW, THE CITY CODES ARE IN PLACE FOR A REASON.
THANK YOU, MS. LATA, YOU'VE SAID A LOT AND WE'LL TAKE EVERYTHING INTO CONSIDERATION.
YEAH, I'M OBVIOUSLY, I, I OTHER, UM, I AM, UM, I, I, I, LIKE I SAID, I DON'T FEEL SAFE AND I DON'T FEEL SAFE FOR NOT ONLY MY CHILDREN, BUT THE CHILDREN THAT LIVE IN MY NEIGHBORHOOD.
THAT'S NOT WHAT I'M PAYING MY TAXES FOR.
WE'VE, WE'VE HEARD EVERYTHING.
AND, UM, THE COMMISSIONERS WILL NOW DISCUSS, AND YOU'LL, IF YOU STAY ON, YOU CAN HEAR OUR DECISION TONIGHT AS WELL.
UM, YES, WE HEARD A LOT OF PEOPLE, AND I'M SURE WE HAVE QUESTIONS, COMMENTS, AND THOUGHTS AND MAYBE MOTIONS AS WELL.
IS THERE ANYBODY, UM, THAT WANTS TO GO FIRST? OKAY, COMMISSIONER FREIBERGER.
YES, I WOULD ACTUALLY LIKE TO HEAR FROM FIRE MARSHALL VOKI, FIRE CHIEF TOM VOKI ON YOUR THOUGHTS ON THE FIRE RISK, UM, FOR THAT NEIGHBORHOOD AND IF THE CURRENT CONDITION OF THIS HOUSE DRASTICALLY INCREASES THE FIRE RISK IN THE NEIGHBORHOOD.
YEAH, THERE'S A COUPLE THINGS.
UH, ONE OF THE MAIN CONCERNS IS, IS NOT ALWAYS ADDRESSED IS FIRE SPREAD FROM A STRUCTURE INTO THE WILDLAND AREA.
AND SO THAT'S PROBABLY THE PRIMARY CONCERN.
UH, YOU KNOW, IF WE CONTINUE WITH THE DROUGHT THIS YEAR, UH, THAT CAN BE A SIGNIFICANT DANGER.
SO WE ARE CONCERNED ABOUT, ABOUT FIRE RISKS, NOT JUST FOR
[02:35:01]
THE STRUCTURE ITSELF, BUT A ACTUALLY FOR SPREADING INTO THE, INTO THE WILDLAND AREA AS WELL.SO THAT WOULD BE OUR PRIMARY CONCERN.
AND JUST TO BE CLEAR, YOU DO FEEL THAT THE CURRENT CONDITION OF THIS STRUCTURE IS A GREATER HAZARD THAN JUST ANY HOUSE IN ITS ABSOLUTELY.
I MEAN, BECAUSE WE, WE DON'T HAVE ALL THE, THE NORMAL THINGS IN PLACE THAT WOULD SLOW THINGS DOWN, RIGHT? SO THE DOORS AREN'T THERE, THE DRYWALL'S NOT THERE.
UH, AND, AND SOMETHING SMALL COULD, UH, COULD GROW, GROW RAPIDLY, IT WOULD BE A BIG CONCERN.
UM, SIR, THIS IS, THIS IS JOHN COOK.
I JUST WANTED TO ADD, HOLD ON A SECOND.
UM, WE'LL COME BACK TO YOU IF THE COMMISSIONERS HAVE A QUESTION FOR YOU.
UM, DO WE HAVE ANY OTHER QUESTIONS, COMMENTS? IF NOT, I'LL HAVE MR. COOK
THE DAY OF THE FIRE IN JANUARY 1ST, 2022, THE SPARKS AND ASH IN THE 30 MILE AN HOUR WIND FROM MR. PAN'S HOUSE DID SET OTHER PROPERTIES ON FIRE IN THE TREES, PARTICULARLY 66, 76, 11 JESTER AND, UH, ON OR AROUND, TOWARDS ANAQUA DRIVE.
IF THE WIND HAD BEEN FROM THE SOUTH INSTEAD OF FROM THE NORTH, IT WOULD'VE BURNED MR. LAUGHLIN'S HOUSE TO THE GROUND AND PROBABLY MY HOUSE, AND IT WOULD'VE SET THE BALCON CANYON LANDS ON FIRE.
ADDITIONAL BACKGROUND INFORMATION THAT YOU GAVE US.
UM, MR. ADDITIONAL, DO I HAVE SURE, YOU CAN GO AHEAD.
UM, JUST TO GO THROUGH SOME OF THESE HIGH, HIGH LEVEL, AS FAR AS ANIMALS ACCESSING THE PROPERTY, THE FRONT OF THE HOUSE IS TOTALLY SECURED.
DOORS ARE LOCKED, HOUSES IS HOUSE IS LOCKED.
AT THE PAST, IT, UH, MR. LOUGHLIN FOUND THEM.
SOME CHILDREN DID SEEM TO HAVE BROKEN THROUGH THE BACK, WIND BACK DOOR BY BREAKING A LATCH AND PULLING THE DOOR OPEN, AND THEY WERE PARTYING IN THERE.
FORTUNATELY, THAT'S BEEN A ONE-TIME EVENT.
I HAVEN'T SEEN ANY EVIDENCE OF THAT SINCE THEN.
I HAVE SECURED THAT DOOR IN A BETTER MANNER.
SECOND OFF, THE BACKYARD IS FULLY FENCED, SO THERE IS NO WAY FOR ANIMALS FROM THE NATURE PRESERVE BEHIND US TO BE GETTING UP INTO THE HOUSE.
UM, MR. LOUGHLIN DID NOTICE THAT THE DOOR WAS LEFT OPEN A COUPLE TIMES.
I, UNFORTUNATELY, I'M PRETTY SURE THAT'S BECAUSE OF CONTRACTORS.
I'VE ACTUALLY HAVE THE DOOR BLOCKED FROM THE INSIDE.
BUT WHEN I HAD CONTRACTORS INSPECTING IT AND LOOKING THROUGH FOR DAMAGE AND SUCH, AND TO EVALUATE IT, THERE WAS ONE DOOR THAT A COUPLE TIMES IT DOESN'T PROPERLY CLOSE, UNLESS RIGHT NOW I HAVE TO HAVE THAT FIXED.
AND SO, UM, I PUT THINGS BEHIND IT BASICALLY TO KEEP IT FROM BEING OPENED AND, AND WHEN THAT'S WHEN NOBODY MOVES THOSE THINGS FROM INSIDE OF IT, IT STAYS CLOSED, UM, WHATSOEVER OF ANYBODY TAKING UP A RESIDENCE IN THERE AT ANY TIME.
AS FAR AS SNAKES, UM, WE LIVE AT THE EDGE OF A NATURE PRESERVE.
MY HOUSE OR BROOK'S HOUSE OR JOHN COOK'S BACKYARD, THEY'RE ALL IDENTICAL.
THE, THE LEVEL OF RATTLESNAKE RISK FROM THOSE PROPERTIES IN THE BACKYARDS, WE'RE TALKING ABOUT HILL COUNTRY, WOODS AND, UH, YOU KNOW, LIMESTONE OUTCROPPINGS AND CEDAR TREES.
THERE ARE GONNA BE SNAKES BACK THERE.
ANYBODY LIVING IN, I I, I HAD TO WARN MY KIDS ABOUT SNAKES DANGER FROM THE TIME THEY WERE YOUNG BECAUSE IT'S A REAL THREAT.
BUT MY HOUSE CERTAINLY DOESN'T INCREASE THAT.
UM, LET'S SEE, OTHER THINGS, UM, AS FAR AS, UH, UH, LET'S SEE, UM, LET'S SEE, SQUATTER, OKAY, SQUATTER, FENCING AS FAR AS THE USA SIGNED, USA PUT THAT SIGN UP THERE.
UM, AS FAR AS DUMPSTERS BEING PARTIALLY FULL, I WON'T PUT MR. LOUGHLIN ON THE STAND TO TESTIFY, BUT I THINK HE'S WITNESSED THE, IN FACT, I, WE TOOK DEBRIS.
IT WAS FROM HIS TAKING DOWN A FENCE PUT IN THERE TOO.
THOSE, THOSE DUMPSTERS WERE ALL AS FULL AS THE DUMPSTER COMPANY WOULD ALLOW THEM TO HAUL EACH TIME I WAS NOT PAYING FOR DUMPSTERS SO THAT I COULD SEND THEM OFF, SEND THEM BACK HALF FULL, CUZ IT'S NOT CHEAP TO, TO RENT THOSE.
UM, AND, UH, I HAVE OTHER THINGS, BUT I REALLY WON'T WASTE YOUR TIME WITH THEM.
I, I THINK THE POINT IS, UH, UM, AS FAR AS THE MAINTENANCE OF THE YARD, I KEEP THE
[02:40:01]
GRASS MOWED.THERE'S DIFFERENT AESTHETICS ABOUT HOW BIG SHRUBS SHOULD BE AND THINGS LIKE THAT.
FOR EXAMPLE, THE PERSON WHO SAID THEY NEVER SEEN MY FRONT DOOR, I HAVE A LARGE SHRUB IN FRONT OF THE FRONT DOOR FOR PRIVACY REASONS.
UM, YOU KNOW, THOSE ARE PERSONAL, PERSONAL AESTHETIC DE DECISIONS.
UH, THEY'RE NOT REFLECTING ANY VIOLATION OF CODE AND CERTAINLY NO SAFETY VIOLATIONS.
YES, I APPRECIATE YOU, UM, EXPLAINING SOME OF THOSE POINTS THAT WERE RAISED BY YOUR NEIGHBORS, UM, AND GIVING US, UH, SOME ADDITIONAL INFORMATION TO CONSIDER NOW.
I'LL ALSO APOLOGIZE TO MR. OKAY.
TAKEN LONGER THAN IT NEEDS TO.
UM, AND I'LL GIVE YOU MAYBE ONE MINUTE.
I WILL JUST SAY I UNDERSTAND THAT THEY HAVE BEEN LOOKING AT AN UNSIGHTLY STRUCTURE FROM THE BACK, AND AS I SAID, I'VE BEEN NOT TEARING IT DOWN BECAUSE I'VE BEEN TRYING TO SEE IF I COULD REPLACE IT, BUT IF, IF THE DECISION IS THAT IT NEEDS TO BE TORN DOWN, IT WILL GO.
I'M, I'M GLAD THAT WE ARE ALL, UM, LOOKING OUT FOR THE BEST RESOLUTION HERE.
I'M GOING TO GO AHEAD AND HAVE THE COMMISSIONERS, UM, SPEAK FIRST.
MADAM CHAIR, I MOVED TO CLOSE THE HEARING.
COMMISSIONER FRANCIS, UM, MOVED TO CLOSE THE PUBLIC PART.
DO WE HAVE ANY OBJECTIONS TO CLOSING THE PUBLIC PART OF THE HEARING? NO.
UM, SO THE PUBLIC PART OF THE HEARING IS CLOSED, MR. LOVELIN.
UM, I UNDERSTAND THAT YOU HAVE, YOU KNOW, REBUTTALS AND A LOT OF OTHER COMMENTS, BUT WE DON'T REALLY HAVE THE PLACE AND TO DO THAT.
WE, WE DO HAVE YOUR EXHIBIT, UM, GENTLEMEN, PLEASE, WE DO HAVE YOUR EXHIBIT AND WE ARE ALREADY CONSIDERING THEM.
EVERYTHING IS DETAILED IN THERE, SO WE APPRECIATE THAT.
COMMISSIONERS, QUESTIONS OR COMMENTS? YES.
VICE CHAIR, UH, I TO ADOPT STAFF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, UH, SECOND
UM, YOU, WE HAVE A MOTION TO ADOPT THE STAFF'S, UM, FINDINGS OF FACTS AND CONCLUSIONS OF LAW, AS WELL AS THE RECOMMEND RECOMMENDED ORDER.
AND WE HAVE A SECOND FROM COMMISSIONER THOMPSON.
ALL RIGHT, SO, WE'LL, WE CAN GO AHEAD AND START WITH THE VOTE IF AN ANYBODY, I MEAN IF NOBODY HAS QUESTIONS OR ANY OTHER AMENDMENTS.
UM, UNFORTUNATELY WE ALREADY CLOSED UP YOUR PORTION OF THE, THE HEARING, UH, BUT IF YOU HAVE ANY QUESTIONS AFTERWARDS, OF COURSE, YOU CAN ALWAYS ASK STAFF ONCE WE CONCLUDE TONIGHT,
AND COMMISSIONER FRYBERGER, I'M IN FAVOR.
AND COMMISSIONER THOMPSON FAVOR? YES.
AND I'M ALSO IN FAVOR, UM, COMMISSIONER FRANCIS AYE.
AND COMMISSIONER MUELLER, UH, COMMISSION.
WE DO HAVE A DECISION TONIGHT.
UM, AND IT WILL BE MAILED TO YOU.
THANK YOU FOR COMING AND THANK YOU EVERYONE THAT ATTENDED AS WELL.
UM, CHAIR MAY HAVE MOVED ON TO THE NEXT ITEM.
[Items 2 & 3]
AND THREE ON THE AGENDA ARE FOUR RETURNING CASES REGARDING TWO ADJOINING PROPERTIES WITH THE SAME OWNER, 38 0 5, AND 38 0 7 DUVAL STREET.BOTH PROPERTIES HAVE A FRONT PRIMARY AND AN ACCESSORY STRUCTURE.
STAFF EXHIBITS COULD BE FOUND IN THE TEAL BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THE CASE NUMBER FOR THE PRIMARY STRUCTURE AT 38 0 5 IS CL 20 18 0 4 5 9 1 7.
THE CASE NUMBER FOR THE ACCESSORY STRUCTURE AT 38 0 5 DUVAL STREET IS CL 2008 0 7 1 0 2.
THE CASE NUMBER FOR THE PRIMARY STRUCTURE AT 38 0 7 DUVAL STREET IS CL 20 18 0 5 6 8 53.
AND THE CASE NUMBER FOR THE ACCESSORY STRUCTURE AT 38 0 5 DUVAL STREET IS CL 2004 0 4 0 1 9 0 2 5.
THAT'S 2 0 1 2 0 0 4 0 1 9 0 2 5.
UM, HERE'S SOME FACTS ABOUT THESE CASES.
THE CASES ARE ABOUT RESIDENTIAL PRIMARY
[02:45:01]
AND ACCESSORY STRUCTURES, EACH OF WHICH HAVE REPAIR ORDERS ISSUED IN THESE CASES IN 2004, 2008 AND 2018.REGARDING THE PRIMARY STRUCTURE AT 38 0 5 DUVAL STREET, ORDER NUMBER 2002 8 6 6 3 8 2, THE ORDER WAS ISSUED FOR REPAIR APRIL 11TH, 2018, REQUIRE REQUIRING REPAIR WITHIN 90 DAYS WITH A PENALTY OF $250 PER WEEK BEGINNING ON THE 91ST DAY IF COMPLIANCE WAS NOT ACHIEVED.
PENALTIES TO DATE TOTAL $60,785 AND 71 CENTS AND ARE STILL ACCRUING REGARDING THE ACCESSORY STRUCTURE AT 38 0 5 DUVAL STREET, ORDER NUMBER 209 180 589.
THE ORDER WAS ISSUED ON SEPTEMBER 24TH, 2008, REQUIRING VACATE WITHIN SEVEN DAYS BOARD AND SECURE WITHIN SEVEN DAYS.
SECURE PERMITS WITHIN 30 DAYS AND REPAIR WITHIN 180 DAYS WITH A PENALTY OF $500 PER WEEK AFTER 180 DAYS.
DATE TOTAL, $364,714 AND 29 CENTS AND ARE STILL ACCRUING REGARDING THE PRIMARY STRUCTURE AT 38 0 7 DUVAL STREET.
THE ORDER WAS ISSUED FOR REPAIR APRIL 11TH, 2018, REQUIRING REPAIR WITHIN 90 DAYS WITH A PENALTY OF $250 PER WEEK BEGINNING ON THE 91ST DAY PENALTIES TO DATE TOTAL 60,008 SEVEN $60,785 71 CENTS AND ARE STILL EN ACCRUING REGARDING THE ACCESSORY STRUCTURE AT 38 0 7 DUVAL STREET.
THE ORDER WAS ISSUED MARCH 23RD, 2005 FOR REPAIR WITHIN 90 DAYS WITH THE PENALTY OF $500 TO BEGIN ON THE 90 AFTER THE 90TH DAY PENALTY.
PENALTIES TODAY, TOTAL $462,500 AND ARE STILL ACCRUING.
THE COMBINED PENALTIES TO DATE FOR 38 0 5 DUVAL STREET ARE $425,500 AND THE COMBINED PENALTIES TO DATE FOR 38 0 7 DUVAL STREET ARE $523,285 AND 71 CENTS.
THREE OF THE FOUR STRUCTURES ARE CURRENTLY UNOCCUPIED.
THE STRUCTURES ARE IN VARYING DEGREES OF DETERIORATION AND CONTENT CONDITIONS CONTINUE TO WORSEN.
THE BUILDING IS A PUBLIC NUISANCE AND REQUIRES DEMOLITION OR THE BUILDINGS ARE A PUBLIC NUISANCE AND REQUIRED DEMOLITION.
IN YOUR READERS, YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH FOUR, WHICH WERE PREVIOUSLY ADMITTED, EXHIBITS 5 78 AND 11, WHICH CONTAIN UPDATED COMPLAINTS AND CASE HISTORIES.
COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFY OWNERSHIP STRUCTURE, MAPS OF THE PROPERTIES THAT REQUIRED NOTICES OF HEARING AND POSTINGS, COPIES OF THE EXISTING BSC ORDERS ISSUED IN EACH OF THE FOUR CASES, AS WELL AS PENALTY STATEMENTS EXHIBIT 6, 8, 10, AND 12, WHICH CONSIST OF CODES PHOTOGRAPHS MARKED AS SIX A THROUGH SIX F EIGHT A THROUGH EIGHT D, 10 A THROUGH 10 H, AND 12 A THROUGH 12 D.
AND LASTLY, CODES COMBINED RECOMMENDED ORDERS.
AUSTIN CODE INVESTIGATOR FARRA PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE FOUR CASES AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INVESTIGATOR WITH THE CASE REVIEW AND ESCALATION TEAM OF THE AUSTIN CODE DEPARTMENT.
THESE CASES PRESENTED TODAY ARE OWNED BY THE SAME OWNER.
THEY WERE ASSIGNED TO LEGAL AFTER BSE ORDERS WERE ISSUED.
THESE PROPERTIES ARE SINGLE FAMILY RESIDENCES WITH A DETACHED GARAGE AND BEHIND THE MAIN STRUCTURES.
THE FRONT STRUCTURE IS NOT VACANT.
THE BACK GARAGE STRUCTURE OF 38 0 5 DEVOL IS VACANT 38 0 5.
FRONT STRUCTURE HAS AREAS OF THE ROOF WITH UNDERLINING ROTTEN DECKING.
THERE IS AN ACTIVE PERMIT TO FIX THE ROOF.
SINCE 2018, THE SIDING AND FAIA OF THE HOME IS DECAYED DETERIORATING.
THE BACK STRUCTURE HAS BEEN RAISED WITH METAL BEAMS WITHOUT PERMITS.
THE SIDING AND ROOF OF THIS HOUSE ARE DETERIORATED AND ROTTEN.
IT WOULD NEED TO BE REPAIRED AS WELL.
THE PROPERTY AT 38 0 7, THE FRONT AND BACK STRUCTURES ARE BOTH VACANT 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.
THE STRUCTURE IS UNSAFE AND UNSOUND THROUGH A NUMBER OF SITE INSPECTIONS.
I OBSERVED THE FOLLOWING STRUCTURAL ISSUES THAT HAVE PROGRESSED OVER THE TIME PERIOD OF HAVING THIS CASE.
THE ROOF OF THE HOME IS DETERIORATED, DANGEROUS IN THE AREAS OF COMPLETE FAILURE OF THE UNDERLYING STRUCTURE.
THE DECKING HAS SEVERAL HOLES, HOLES EXPOSING THE INTERIOR OF THE STRUCTURE TO ELEMENTS
[02:50:01]
OF NATURE.THE SIDING AND INSTRUCTIONAL SUPPORT OF THE HOME IS DECAYED DETERIORATING AS WELL, ALONG WITH SEVERAL LARGE PORTIONS OF SIDING THAT HAVE FALLEN OFF THE STRUCTURE.
LARGE PORTIONS OF THE INTERIOR OF THE ATTIC AND ROOF STRUCTURE ARE VISIBLE AND OPEN FROM DUVAL STREET.
AS A RESULT, THE BACK STRUCTURE HAS SEVERAL AREAS OF DETERIORATION AND STRUCTURAL SUPPORT DECAY ALONG THE STAIRS AND BALCONY.
I WILL TAKE YOU TO THE PHOTOS MARKED SIX A THROUGH SIX F FOR THE FRONT STRUCTURE OF 38 DUVAL STREET SIX A.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE FRONT STRUCTURE BEING PRESENTED.
SIX B SHOWS A CLOSER VIEW OF THE SIDING THAT IS DECAYED AND INTERROGATING AND LACK OF PROTECTIVE COVERING, LEAVING THE WOOD EXPOSED TO THE ELEMENTS OF WEATHER.
SIX C SIX C SHOWS THE BACK OF THE MAIN STRUCTURE, THE BACK PATIO THAT WAS ALREADY REMOVED AND THE BACK DOOR IS BOARDED AND SECURE.
THE DETERIORATION AND DECAYING WOOD ON THE EXTERIOR OF THE STRUCTURE.
SIX D TO SHOWS A CLOSER UP VIEW OF THE DETERIORATION OF THE SIDING AND THE DECAYING OF THE WOOD.
SIX E SHOWS THE ROOF OF THE STRUCTURE AND THE AREAS OF THE UNDERLINING ROTTEN DECKING IN THE STRUCTURE OF THE ROOF.
SIX F, JUST A CLOSER UP VIEW OF THE DETERIORATION AND DECAY OF THE DECKING OF THE ROOF.
THESE NEXT SET OF PHOTOS ARE FOR THE BACK STRUCTURE OF 38 0 5 DUVALL STREET, MARCH EIGHT A THROUGH EIGHT D EIGHT A SHOWS THE FRONT CONTEXTUAL PHOTO OF THE FRONT OF THE BACK STRUCTURE OF THE GARAGE.
EIGHT B SHOWS SIDE VIEW OF THE GARAGE WITH THE METAL BEAMS THAT WERE PLACED UNDER THE STRUCTURE WITHOUT PERMITS.
EIGHT C SHOWS THE DETERIORATION OF THE SIDING AND THE BOARDED AND SECURE OF THE WINDOWS.
EIGHT D SHOWS THE STRUCTURE BEFORE THE LOWER LEVEL WAS REMOVED AND THE STILL BEAMS WERE PLACED UNDERNEATH THE STRUCTURE.
NEXT SET OF PHOTOS ARE FOR THE MAIN STRUCTURE OF 38 0 7 DEVAL STREET MARKED 10 A THROUGH 10 H 10 A IS A, A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE FRONT STRUCTURE BEING PRESENTED.
10 B ROTTEN DETERIORATED WOOD ON THE FRONT PORCH, 10 C CLOSER VIEW OF THE DECAYING AND DETERIORATION WOOD ON THE FRONT PORCH.
10 D UH, THAT THE LEFT SIDE OF THE STRUCTURE WERE A LIMB FROM THE ICE STORM FELL INTO THE ROOF LINE AND LEFT A HUGE HOLE IN THE FASCIA AND ROOF DECKING.
10 E SHOWS THE ROOF THAT IS DETERIORATED IN AREAS OF COMPLETE FAILURE OF THE UNDERLINING STRUCTURE.
THE DECKING HAS SEVERAL HOLES EXPOSING THE INTERIOR OF THE STRUCTURED ELEMENTS OF NATURE.
10 F SHOWS THE AREAS OF THE SIDING THAT HAVE FALLEN OFF AND REPLACED WITH PLYWOOD, SEVERAL AREAS OF DECAYING AND DETERIORATING SIDING.
10 G SHOWS MORE IN DEPTH SIDE OF THE ROOF THAT IS DETERIORATED IN AREAS OF COMPLETE FAILURE OF THE UNDERLYING STRUCTURE.
THE DECKING HAS SEVERAL HOLES EXPOSED IN THE INTERIOR OF THE STRUCTURE OF THE ELEMENTS OF NATURE.
10 H SHOWS THE SAME SIDE WITH THE STRUCTURE THAT HAS LARGE PORTIONS OF THE INTERIOR OF THE ATTIC AND ROOF STRUCTURE THAT ARE VISIBLE AND OPEN FROM DUVAL STREET.
THESE NEXT SET OF PHOTOS ARE FOR THE BACK STRUCTURE OF 38 0 7 DUVAL STREET MARKED 12 A THROUGH 12 D 12 A SHOWS A FRONT CONTEXTUAL PHOTO OF THE FRONT OF THE BACK STRUCTURE GARAGE.
12 B SHOWS THE FRONT OF THE SIDING THAT IS DETERIORATING AND FALLING OFF THE STRUCTURE.
THE STAIRS THAT ARE NOT STABLE ARE SAFE IN THE SECOND STORY DECK OF ROTTING STAIR RAILS AND BEAMS, 12 SHEET SHOWS THE RIGHT SIDE VIEW OF THE GARAGE WITH ROTTEN DETERIORATION OF THE GARAGE DOORS AND CLOSER UP VIEW OF THE STAIRS SHOWS A CLOSER UP VIEW OF THE DECAY IN DETERIORATING GARAGE DOORS.
ALL OF THESE PROPERTIES HAVE CURRENT BSE ORDERS AND NO WORK HAS BEEN DONE TO REPAIR THE SIDING OR ROOF SINCE THE ORDERS HAVE BEEN ISSUED FOR THIS TO BE REPAIRED, THIS IS A PUBLIC SAFETY CONCERN AND I WOULD LIKE TO DEMOLISH THESE STRUCTURES TO RESOLVE THESE CASES AND THESE ONGOING STRUCTURAL ISSUES.
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 THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS 5 79 AND 11, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT SIX A THROUGH SIX F EIGHT A THROUGH EIGHT D, 10 A THROUGH 10 H, AND 12 A THROUGH 12 D, WHICH ARE PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS REGARDING THE PROPERTY AT 38 0 5 DUVAL STREET STAFF ASKS THE COMMISSION TO ADOPT THE PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW FINDING OF FACT THE COMMISSION ISSUED ORDERS T R V 2 0 1 805 6 917 AND T V 2 0 0 8 0 7 1 0 5 2,
[02:55:02]
WHICH WERE NOT APPEALED, AND THE TIME PERIODS IN WHICH THE ORDERS COULD HAVE BEEN APPEALED HAVE LAPSED.FINDING A FACT, THE COMMISSION ASSESSED A CIVIL PENALTY OF $250 PER WEEK IN ITS TWO HUN 2018 ORDER T R V 2 0 1 8 0 5 6 907 AND $500 PER WEEK AND IT'S 2008 ORDER T V 2 8 1 0 7 1 0 52.
PENALTIES HAVE ACCRUED IN THE AMOUNT OF $60,785 71 CENTS AND $364,714 29 CENTS RESPECTIVELY TO DATE AND ARE STILL ACCRUING AS OF THE DATE THE COMMISSION ISSUED THESE ORDERS.
THE COMBINED PENALTIES TOTAL $425,500 AND THE PROPERTY REMAINS IN VIOLATION.
STAFF ASKED THE COMMISSION TO ORDER THE FOLLOWING, ONE ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDERS ISSUED SEPTEMBER 24TH, 2008 AND APRIL 11TH, 2018.
KEEP THE ACCRUED PENALTIES IN PLACE FROM THE PRIOR REPAIR ORDERS ISSUED SEPTEMBER 24TH, 2008 AND APRIL 11TH, 2018.
THREE ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 60 DAYS FROM THE DAY THE ORDER IS MAILED.
A VACATE THE TENANT RESIDING IN THE PRIMARY RESIDENTIAL STRUCTURE AT 30 0 5 DUVAL STREET.
B, RELOCATE THE TENANT RESIDING IN THE PRIMARY RESIDENTIAL STRUCTURE.
C AFTER THE PRIMARY RESIDENTIAL STRUCTURE IS VACATED, SECURE THE PRIMARY RESIDENTIAL STRUCTURE AND KEEP IT VACANT.
D, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
E DEMOLISH ALL PORTIONS OF THE PRIMARY RESIDENTIAL AND THE ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RIGGED AND F REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE FOUR ON THE 61ST DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE PRIMARY RESIDENTIAL AND THE ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF.
AS SUCH, 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.
REGARDING THE PROPERTY AT 38 0 7 DUVAL STREET STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDING OF FACT THE COMMISSION ISSUED ORDERS T R V 2 0 1 805 6 8 5 3 AND T R V 2 5 1 9 2 5, WHICH WERE NOT APPEALED, AND THE TIME PERIODS IN WHICH THE ORDERS COULD HAVE BEEN APPEALED HAVE LAPSED.
FINDING A FACT, THE COMMISSION ASSESSED A CIVIL PENALTY OF $250 PER WEEK AND IT'S 2018 ORDER TRV 2 1 8 5 6 853 AND $250 PER WEEK, AND IT'S TWO 2005 AGREED ORDER TRV 2 501 9 25 PENALTIES HAVE ACCRUED IN THE AMOUNT OF $60,785 71 CENTS AND $462,500 RESPECTIVELY TO DATE AND ARE STILL ACCRUING AS OF THE DATE THE COMMISSION ISSUED THESE ORDERS.
THE COMBINED PENALTIES TOTAL $523,285 71 CENTS AND THE PROPERTY REMAINS IN VIOLATION.
STAFF THE COMMISSION TO ORDER THE FOLLOWING.
ONE ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDERS ISSUED MARCH 23RD, 2005 AND APRIL 11TH, 2018.
KEEP THE ACCRUED PENALTIES IN PLACE FROM THE PRIOR REPAIR ORDERS ISSUED MARCH 23RD, 2005 AND APRIL 11TH, 2018.
ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 60 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE PRIMARY RESIDENTIAL AND THE ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RIGGED AND C REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE FOUR ON THE 61ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ACHIEVED, A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE PRIMARY AND THE RES ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
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.
[03:00:01]
ALL RIGHT, UM, I'LL GO AHEAD AND ADMIT, UM, EXHIBITS 5, 7, 8 AND 11 AS WELL AS EXHIBIT SIX A THROUGH SIX F EIGHT A THROUGH EIGHT D, 10 A THROUGH 10 H AND 12 A THROUGH 12 D UM, SUBMITTED BY STAFF AND I ALSO HAVE THE OWNER'S EXHIBITS HERE, SO I'LL GO AHEAD AND A ADMIT THOSE, UM, AHEAD OF TIME.SO MR. SCHWANK, IS THAT RIGHT? YES, MADAM CHAIRPERSON.
UM, YOU CAN GO AHEAD AND START WITH YOUR TESTIMONY WHENEVER YOU'RE READY.
AND YOU DO, I I BELIEVE THAT AT THE BEGINNING OF THE HEARING YOU SAID THAT, UH, THE HONOR WOULD ALSO HAVE THE OPPORTUNITY TO ASK QUESTIONS OF THE WITNESS.
IS THAT CORRECT? OF COURSE, OF COURSE.
DO YOU WANNA ASK QUESTIONS NOW? UM, YES, PLEASE, YOUR HONOR.
I THINK, UH, MADAM CHAIRPERSON, I BELIEVE THAT GO AHEAD SOME SENSE.
UM, MS. PRESLEY, IF WE COULD TURN TO, UH, EXHIBIT SIX, PLEASE.
AND WHEN YOU GOT INVOLVED, UH, WHAT WAS THE ROUGH, ROUGH PERIOD OF TIME THAT YOU GOT INVOLVED? WAS IT, UH, PRIOR TO THE PREVIOUS BSC ORDERS OR MORE RECENTLY? IT WAS MORE RECENTLY.
SO, UM, WITH REGARD TO SOME OF THOSE PRIOR BSC ORDERS, UH, FOR EXAMPLE, WAS, UH, ONE OF THE ISSUES, WAS IT THE STAIRWAY AT THE FRONT OF THIS HOUSE? NO, IT WAS THE STAIRWAY OF THE, THE OTHER STRUCTURE 38 0 7 BACK GARAGE.
SO THE, THE STAIRWAYS AREN'T AN ISSUE ON 38 0 5, IS THAT CORRECT? NOT THE FRONT.
I KNOW THE BACK PART HAD A PATIO THAT WAS REMOVED AND IT WAS REMOVED AFTER THE BSC ORDER, RIGHT? IS THAT CORRECT? YES.
SO IT REMOVED THE ISSUE AND THE, THE BACK DOOR BOARD AND SECURED.
SO, SO THOSE WERE ISSUES IN THE PREVIOUS BSC ORDER AND THOSE WERE TAKEN CARE OF? CORRECT.
IT WASN'T THE COMPLETE ORDER, BUT IT WAS SOME THINGS THAT WERE ASKED OF THE ORDER.
SO, SO SOME THINGS HAVE BEEN REPAIRED IN THE BSE ORDER, IS THAT CORRECT? AS FAR AS I KNOW, THOSE ARE ONE OF THE, ONE OF THE THINGS THAT WAS ISSUED ON 38 0 5.
AND WHEN, WHEN YOU VISITED THE HOUSE, 38 0 5, THE, THE FRONT STRUCTURE, UM, DID YOU OBSERVE, DID YOU LOOK UNDER THE HOUSE AT ALL AS FAR AS LIKE UNDERNEATH? DID, DID, DID YOU NOTICE THAT IT'S NEW SKIRTING ON THE HOUSE, FOR EXAMPLE? YES, I, AND I ALSO DID SEE THE FOUNDATION PERMITS YOU'VE DONE ON THEM.
SO, SO YOU UNDERSTAND THAT THE FOUNDATION HAS BEEN REPAIRED ON THAT STRUCTURE, CORRECT? CORRECT.
UH, AND THAT THERE ARE ENTIRELY NEW PEERS BEAMS, SKIRTING, UH, PEERING ON THAT STRUCTURE.
UM, AND IN YOUR OBSERVATION OF THE, UH, THE TRIM FOR EXAMPLE, UH, YOU WERE SAYING THAT THE TRIM'S NOT UP TO AS MA NOT MAINTAINED CORRECTLY, IS THE, UH, SO FAR AS THE FRONT OF THE STRUCTURE AND THE RAIN BOARD TRIM IS, IS THERE ANY REASON THAT TRIM, IF IT WEREN'T PAINTED, WOULD NOT BE SUITABLE? UM, I'M NOT SURE HOW DETERIORATED IT IS FROM NOT HAVING PAINT ON IT FOR SO LONG, SO, OKAY.
SO YOU, SO YOU, BECAUSE PAINT DOESN'T, YOU'RE NOT SURE ONE, YOU'RE NOT SURE ONE WAY, ANOTHER AS TO HOW IT, I'M SORRY I DIDN'T GET ON A LADDER AND CHECK IT OUT.
UM, AND YOU'RE AWARE THAT THIS HOUSE WAS BUILT IN APPROXIMATELY 1917? YES.
IS THAT CORRECT? AND SO THE WOOD WOULD ALL BE THAT SORT OF HARDWOOD FROM THAT SORT OF ERA? CORRECT.
AND IS IN YOUR OBSERVATIONS THAT RELATIVELY DURABLE WOOD? UM, IN SOME AREAS, YES.
GR UM, AND, UH, ON SIX B, UM, WELL, SO ON SIX B, SO ANOTHER, ANOTHER VIEW OF THE HOUSE, UM, ARE YOU AWARE THAT, UH, CONTRACTS HAVE BEEN SECURED TO PUT NEW ROOFS ON THREE OF THE STRUCTURES? 38 0 5 FRONT REAR AND 38 0 7 REAR.
YOU DID TELL ME THAT, BUT A PERMIT FOR THE ROOFING HAS ALSO BEEN OPEN SINCE 2018.
UH, WERE YOU AWARE OF THE CONTRACT? UH, UH, ARE, ARE YOU AWARE, I MEAN, I, I BELIEVE IT'S IN THE PACKET.
IT MIGHT BE SOMETHING THAT I'LL BE TALKING ABOUT, BUT ARE YOU AWARE OF, UH, THE CONTRACT THAT'S BEEN SECURED FOR PUTTING ON THREE NEW METAL ROOFS AND THE PAYMENTS THAT HAVE BEEN MADE FOR PUTTING ON THREE NEW METAL ROOFS ON THESE STRUCTURES? UM, FROM YOUR, FROM YOUR WORD
[03:05:01]
OF MOUTH? I HAVE NOT SEEN THE PERMITS THROUGH THE, OUR AMANDA SYSTEM.SO, SO IF, IF THEY'RE IN THE SYSTEM, AND IF, IF IT'S CURD, IF, UH, IF THESE HOUSES HAVE NEW FOUNDATIONS AND NEW ROOFS WOULD, SINCE YOU'RE CHANGING THE ROOF FROM BEING SHINGLED TO WHAT IT TO, UH, METAL, YOU'RE GONNA HAVE TO HAVE A DIFFERENT PERMIT THAN WHAT YOU HAVE NOW FOR THE ROOFING PERMIT THAT YOU HAVE.
AND, AND IF THERE'S A CONTRACTOR THAT'S HANDLING THAT, THAT WOULD THAT BE ACCEPTABLE? YES, SIR.
UM, ALL RIGHT, MRK, I JUST WANNA REMIND YOU THAT ANY QUESTIONS THAT WILL BE BETTER, YOU KNOW, POSED TO YOUR CONTRACTORS, YOU MIGHT WANT TO DO THAT.
UM, THIS TIME TONIGHT WE'RE TALKING ABOUT THE, THE THINGS THAT REMAIN UNREPAIRED AND THE FACT THAT MOST OF THESE ITEMS DO REQUIRE PERMIT.
SO THAT'S SOMETHING THAT YOU WILL HAVE TO BRING FORWARD IN YOUR EXHIBITS, FOR INSTANCE, SHOWING THAT YOU'VE ALREADY BEEN APPROVED FOR THE PERMITS.
UM, YOUR CONTRACTOR WILL BE ABLE TO HELP YOU WITH THAT.
AND, AND THERE ARE SEVERAL PERMITS THAT ARE PENDING.
THEY, I DID NOT SUBMIT THEM IN THE, UH, PACKET.
I HAD ASSUMED THAT THOSE WOULD'VE BEEN IN THE MATERIALS ALREADY BEFORE THE, UH, THE COMMISSION AND THE BOARD.
UM, WOULD YOU LIKE TO ALSO PUT ON YOUR TESTIMONY? YEAH, I WILL IN A SECOND.
I'LL, I'LL, I'LL JUST MOVE ON, ON TO WHAT I WAS, I'LL, I'LL SAY, UM, YOU CAN ALSO ASK YOU A QUESTION AFTERWARDS IF YOU REMEMBER, YOU KNOW, WHAT YOU WERE IN CHARGE.
UM, YOU KNOW, I WANNA START OUT APOLOGIZING TO THE NEIGHBORS WHO WERE HERE ABOUT THE CONDITION OF THE STRUCTURES AND FOR THE TIME IT'S BEEN TAKEN TO ADDRESS THEM.
UH, I'VE SEEN MANY OF YOU, UH, AROUND THE NEIGHBORHOOD, MANY OF US HAVEN'T HAD THE CHANCE TO MEET BEFORE.
UH, I WANT TO COMPLIMENT ALL OF YOU ON YOUR HOUSES.
UM, IT'S AMAZING WHAT YOU'VE DONE WITH YOUR HOUSE ACROSS THE STREET.
ALAN, YOURS, YOURS IS GREAT AS WELL.
MY GOAL IS TO EM EMULATE WHAT Y'ALL HAVE DONE.
I HAVE NOT BEEN SUCCESSFUL AT IT.
UM, I KNOW THAT THEY ARE ALL GONNA GET UP HERE AND LAMBAST ME.
AND IN SOME REGARD, RIGHTFULLY SO, UH, IT'S BEEN A ROUGH COUPLE YEARS.
HOWEVER, THERE IS PROGRESS THAT IS BEING MADE ON THESE STRUCTURES.
UH, FOUNDATIONS HAVE GONE IN AT A SUBSTANTIAL COST.
UM, I THINK APPROXIMATELY $75,000, UH, IN THE PACKET BEFORE Y'ALL, UM, YOU KNOW, HONORABLE COMMISSIONER MEMBERS.
UH, YOU'LL ALSO SEE A ROOFING CONTRACT.
UH, THEY'RE GOING, ARE GOING TO BE METAL ROOFS PUT ON, UH, THE THREE STRUCTURES.
THE FRONT OF 38 0 5, THE, THE REAR OF 38 0 5, THE REAR OF 38 0 7.
UH, THERE'S SCHEDULED TO BE COMMENCED SOON.
UH, THAT'S ALSO SUBSTANTIAL COST, UH, $50,000 APPROXIMATELY.
UH, THE FRONT STRUCTURE OF 38 0 7 TARPING IS GOING ON.
SOME OF IT HAS ALREADY BEEN TARPED.
UH, IT WOULD'VE BEEN COMPLETED HAD WE NOT HAD THE RAIN THIS WEEK.
AND THOSE ACTIVITIES COMMENCED BEFORE NOTICE OF THIS BEER BOARD HEARING AS WELL.
UM, AS FAR AS THE STRUCTURES THEMSELVES, THESE ARE 19, UH, 38 0 5.
UH, BOTH THE FRONT AND REAR STRUCTURE ARE 1911 CRAFTSMAN HOMES, UH, RAIN BOARD CONSTRUCTION, OLD WOOD, UH, VERY, VERY SOLID.
UH, MY GOAL IS TO MAINTAIN THEM IN THE CHARACTER OF THE NEIGHBORHOOD, TO IMPROVE THEM, TO FIX THEM UP, UH, IS NOT TO RIP THEM DOWN, IS NOT TO CAUSE, UH, FURTHER CONVERSION OF THE HYDE PARK HANCOCK AREA INTO APARTMENTS AND CONDOS.
UH, OBVIOUSLY THERE'S SIGNIFICANT ISSUES WITH REGARDS TO THE EXISTING PENALTIES AND WHAT THAT, UH, WOULD ENTAIL, BUT MY GOAL IS TO BRING THESE STRUCTURES UP TO SNUFF PROMPTLY, AND ALSO TO KEEP THEM IN THE CHARACTER OF THE NEIGHBORHOOD AND ENHANCE THE CHARACTER OF THE NEIGHBORHOOD.
[03:10:01]
VIRTUALLY EVERY CONTRACTOR THAT I TALKED WITH THAT BECAUSE ALL OF THESE HOUSES WERE ON CEDAR POSTS, UH, THAT HAD BEEN PUT IN BACK IN, WHEN THESE HOUSES WERE CONSTRUCTED IN 1911 AND 1917, THAT IT WOULD BE FOOL HARDY TO PROCEED WITH ANYTHING IN REGARD TO SIDING, UH, PAINT, ANY OF THOSE SORT OF THINGS BECAUSE THEY WOULD ESSENTIALLY JUST BE COMPLETELY DAMAGED, UH, WHEN THE UNDERLYING SUBSTRUCTURE WAS REPLACED.WHICH, AS I SAID, YOU KNOW, A HUNDRED PERCENT REPLACEMENT, NEW PEERS, NEW BEAMS, UH, EVERYTHING UNDERNEATH THE HOUSE IS NEW.
AND ALL THAT WAS DONE SLIGHTLY BEFORE THE PANDEMIC BEFORE EVERYBODY THOUGHT THE WORLD WAS GONNA END.
UM, SO, YOU KNOW, WHAT, WHAT I'D SAY IS THAT THESE ARE ALL BASICALLY HISTORIC STRUCTURES.
THEY ARE ALL BUILT WITH SOLID FOUNDATIONS.
THEY'RE ALL ON NEW FOUNDATIONS, AND THEY'RE ALL BUILT WITH WOOD.
THAT BASICALLY IS VERY, VERY SOUND
UH, THERE WILL BE NEW ROOFS ON THEM VERY, VERY SOON, YOU KNOW, WITHIN THE NEXT FEW WEEKS.
SO, UH, IN, IN THAT REGARD, THESE SEEM TO BE REPAIRABLE STRUCTURES AND A DEMOLITION PERMIT DOES NOT SEEM APPROPRIATE, UH, PARTICULARLY FOR THE FRONT REAR OF 38 0 5 AND THE REAR OF 38 0 7.
I THINK YOUR TIME AND, AND MICHAEL GOAL, AND MY GOAL IS TO REPAIR.
UM, AND, AND ONE OTHER THING I WOULD SAY, WITH RESPECT TO THE REQUEST FOR THE ORDER TO VACATE THE PREMISES, UH, BECAUSE 38 0 5, UH, THE FRONT PREMISES IS STRUCTURALLY SOUND.
IT WOULD BE VERY DIFFICULT FOR THEM.
IT WOULD BE VERY DIFFICULT FOR THE SMALL COMPANY THAT THEY'RE ALSO TRYING, UH, BEEN TRYING TO BUILD.
UM, YOUR TIME IS UP AND WE ACTUALLY PROBABLY NEED TO EXTEND THIS MEETING CUZ IT'S CLOSE TO 10 O'CLOCK.
SO COMMISSIONERS, WE HAVE, YOU THINK WE CAN DO THIS IN SIX MINUTES? WE HAVE, I THINK WE HAVE FOUR DIFFERENT PEOPLE HERE THAT WOULD LIKE TO SPEAK.
UM, SO COMMISSIONERS, UH, WE DO PROBABLY HAVE TO EXTEND MAYBE FOR 10 MINUTES.
SO DO WE HAVE TO GO THROUGH THE MOTION PROCESS? YES.
DO WE HAVE ANYONE THAT WANTS TO MAKE A MOTION TO EXTEND THE MEETING? SURE.
I, I MOVED, WE EXTEND THE MEETING UNTIL 10 15.
ALL RIGHT, I HAVE A SECOND FROM COMMISSIONER MUELLER.
UM, AND I'LL GO AHEAD AND CALL THE VOTES REAL QUICK.
AND COMMISSIONER FRYBERGER? YES.
AND VICE CHAIR, SIR? RELUCTANTLY? YES.
AND I WILL ALSO SAY WE STEVE, TO CONCLUDE THIS.
AND COMMISSIONER FRANCIS? YES.
COMMISSION
ARE YOU IN FAVOR? YOU HEAR ME? YOU'RE MUTED, I THINK.
IS THIS YOU STILL? WE STILL HAVE QUORUM.
I THINK, UH, COUNSEL SAID WE ARE FINE.
SO WE'RE GOING TO GET BACK ON.
JUST GIVE US A FEW MINUTES TO, TO HEAR FROM EVERYBODY ELSE.
UM, WE HAVE MR. SORRY, CAMPAN.
YOU MAY PROCEED AND YOU HAVE THREE MINUTES.
I THOUGHT I HAD FIVE, BUT I WANT TO SEE IF I CAN GET IT DONE FASTER.
[03:15:01]
YOU SO MUCH.UH, MADAME CHAIR, UH, VICE CHAIR, COMMISSIONERS, ALL OF YOU.
FABULOUS, FABULOUS CIVIL SERVANTS.
THANKS FOR THE WORK THAT YOU DO.
UH, MY WIFE, JULIA SPAN ISLAND AT 38 10 DUBAL STREET.
WE LIVE, UH, ESSENTIALLY RIGHT ACROSS THE STREET.
EVERY MORNING, UH, WE GET THE JOY OF WALKING OUT OUR FRONT DOOR AND SEEING, UH, THESE PROPERTIES FALLEN FURTHER DECAY FOR, FOR 20 YEARS WE'VE BEEN OBSERVING VERMIN, COMING AND GOING FROM THE, FROM THE PROPERTIES TO TWO PROPERTIES.
THE THEY, AND THEN THEY COME OVER AND THEY RAID OUR GARDEN AND, AND OUR POND AND OUR BIRD BATH.
UM, WE SEE DEAD VERMIN, UH, I'M SURE DUE TO POISON, PUTTING OUT WE, AND THERE WAS A VULTURE.
THAT SET UP SHOP WAS ROOSTING ON THE HOUSE ON 38 0 7 FOR ABOUT, ABOUT A MONTH, AND THEN IT DIED TOO.
AND THEN CARCAS LAY THERE FOR, FOR, FOR WEEKS.
UM, UH, WHEN MR. W****R TOOK THE PROPERTY, I'VE BEEN, I'VE BEEN THERE SINCE 1988, WHEN, WHEN MR. W****R TOOK THE PROPERTY, THERE WERE SEVEN RENTAL UNITS ON THOSE PROPERTIES.
THAT, TO ME, IS THE GREATEST CRIME HERE.
OUR CITY IS SPENDING HUNDREDS OF MILLIONS OF DOLLARS ON GETTING PEOPLE IN HOUSING, IN, IN, IN OUR FAIR CITY.
AND HERE IN THIS, THIS VERY PLACE, THAT'S EXACTLY THE OPPOSITE OF WHAT'S GOING ON.
JUST TAKING STUFF OUT OF CIRCULATION, NOT TO MENTION WHAT WE HAVE TO LOOK AT.
UH, I DID A, A LITTLE BACK OF THE NAPKIN, UM, UH, PROFORMA AND $400,000 WOULD'VE FIXED UP THESE PLACES, AND MR. W****R WOULD'VE BEEN ABLE TO PAY THAT BACK PAY, PAY FOR THAT TWO, TWO TIMES, THREE TIMES FOR THE TIME THAT HE'S HAD THESE PROPERTIES.
IT'S A MYSTERY WHY HE FORFEITED REVENUE ON THESE PROPERTIES ALL THESE YEARS.
STRANGERS, UH, OFTEN ASK ME ABOUT THESE PROPERTIES.
UH, I'M CERTAIN THAT HE'S BEEN GETTING OFFERS.
IF HE CAN'T AFFORD TO OWN THE PROPERTIES IN THEIR PROPER FORM, UH, SOMETHING SHOULD BE DONE.
THE BROKEN WINDOW EFFECT 3,800 DUVAL STREET IS VACANT AND ALSO IT'S ALSO ABANDONED IN, IN, IN DISTRESS.
THEY'RE NOT IN VERY GOOD SHAPE.
I MEAN, THEY'RE IN OKAY SHAPE, BUT THEY'RE NOT VERY ATTRACTIVE AND THEY'RE NOT WELL KEPT.
WHY WOULD ANYONE DO THAT? WHEN ARE ACROSS THE STREET FROM THE, THE TRAGEDY TRAGEDIES THAT WE'RE TALKING ABOUT, THE EXCEPTIONS ON THE BLOCK ARE 38 0 3 ON THE SOUTH AND 38 0 9 AL'S JOINT WHERE THEY TAKE GREAT CARE OF THEIR PROPERTIES AND THEY SHOULD BE.
THEY, THEY SHOULD BE COMMENDED FOR THEIR PATIENTS AND THEIR COURAGE, AND THEY DESERVE ACTION FROM, FROM YOU.
I THINK WE'RE ON THE SEAM OF TWO OF THE MOST PRIZED NEIGHBORHOODS IN AUSTIN, UH, UH, THERE ON DEWAL STREET.
AND, UM, YOU KNOW, WE PAY OUR, WE, WE PAY HEAVY TAXES.
WE REQUEST THAT WE BE ACCORDED THE RESPECT OF HAVING 38 0 5 AND 38 0 7 TAKEN CARE OF.
THE PROBLEM NEEDS TO BE SOLVED.
ALL RIGHT, HERE'S MY ASK BASED ON THE RECORD.
I DO NOT BELIEVE ANY DEAL WITH THE CURRENT OWNER FOR REHAB WOULD BE HONORED.
MY DAY JOB IS PRESERVING AND MAINTAINING EXISTING PROPERTIES, EXISTING STRUCTURES.
SO IT TAKES A LOT FOR ME TO SAY THIS.
I ASK THAT YOU APPROVED DEMOLITION OF THESE STRUCTURES.
38 0 5, BY THE WAY, YOUR TIME IS UP.
BUT YES, GO AHEAD AND WRAP UP PLEASE.
THERE'S NO DOORKNOBS ON 38 0 5.
HOW CAN THEY BE OCCU? HOW CAN THAT BUILDING BE OCCUPIED? IF THERE'S NO DOORKNOBS, THERE'S NEVER BEEN ANYONE IN THE BACK HOUSE AT 38 0 7.
ALL RIGHT, THANK YOU MR. CAMPION.
UM, WE HAVE ALSO MR. DOG BROWN.
UH, MEMBERS OF THE COMMISSION.
SINCE 1985, I'VE OWNED A HOME AROUND THE CORNER AND THREE DOORS DOWN FROM THE PROPERTIES THAT WE'RE DISCUSSING.
OVER THE SPAN OF ALMOST 20 YEARS, THE CITY'S INVESTIGATED AND, AND SPENT A TREMENDOUS AMOUNT OF TIME
[03:20:01]
AND RESOURCES ON THE MULTIPLE CODE VIOLATIONS CONCERNING THESE PROPERTIES.OVER THE SAME PERIOD, THE OWNER HAS PROMISED AGAIN AND AGAIN TO CORRECT THE VIOLATIONS.
SOMETIMES WHEN FEELING PRESSURE FROM BOSTON CODE DEPARTMENT, THE OWNER WILL MAKE A FEW MINIMAL REPAIRS, BUT AS SOON AS THE PRESSURE IS OFF, THE WORK STOPS.
IN ADDITION, AS YOU HEARD FROM MS. PRESLEY, AN ENORMOUS AMOUNT OF FINES HAVE BEEN LEVIED AGAINST THESE PROPERTIES.
NONE OF WHICH, TO MY KNOWLEDGE HAVE BEEN PAID.
AND AGAIN, WE'RE TALKING ABOUT ESSENTIALLY TWO DECADES, TWO DECADES OF NON-COMPLIANCE WITH CITY ORDINANCES.
WE NEIGHBORS APPRECIATE THE HARD WORK OF THE AUSTIN CODE DEPARTMENT AND, UH, THE IMPORTANT ROLE OF YOUR COMMISSION IN HELPING ENSURE THAT THE CITY CODES AND ORDINANCES ARE ENFORCED SO THAT AUSTIN CONTINUES TO BE A SAFE AND LIVABLE CITY.
HOWEVER, IT'S SAID, SAY THAT WITH RESPECT TO THESE PROPERTIES, FOR ALMOST TWO DECADES, NO MEANINGFUL ENFORCEMENT ACTION HAS BEEN TAKEN, THE BLIGHTED CONDITION OF THESE PROPERTIES, AS OPPOSED THE HEALTH AND SAFETY HESTER HAZARD ON OUR BLOCK AND IN OUR NEIGHBORHOOD FOR FAR TOO LONG.
WHILE THE OWNER HAS SHOWN DISREGARD FOR HIS NEIGHBORS.
BY ALLOWING THESE PROPERTIES TO DETERIORATE, THE CITY MUST ALSO BEAR ITS SHARE OF RESPONSIBILITY FOR ALLOWING THE VIOLATIONS TO PERSIST AND WORSEN OVER TWO DECADES.
I WONDER HOW COMMISSION MEMBERS AND CITY OFFICIALS WOULD FEEL ABOUT LIVING IN PROXIMITY TO THESE ISOS FOR ALMOST 20 YEARS.
THE OWNER HAS SUCCESSFULLY FUNDED OFF ALL ENFORCEMENT EFFORTS FOR ALMOST TWO DECADES, AND THIS SENDS A CLEAR SIGNAL THAT CITY BUILDING CODES ARE NOT MANDATORY, BUT MERELY DISCRETIONARY.
AND THE, THE PROPERTY OWNER CAN FLAUNT CODE DEPARTMENT FINDINGS AND DIRECTIVES WITH ABSOLUTE IMPUNITY.
WITHOUT ADEQUATE ENFORCEMENT, THERE IS SIMPLY NO INCENTIVE TO COMPLY.
WE ARE DECADES BEYOND THE POINT WHERE THE OWNER SHOULD HAVE BEEN HELD ACCOUNTABLE FOR THESE CODE VIOLATIONS.
BASED ON PAST HISTORY, IT'S REASONABLE TO ASSUME THAT ANY FUTURE PROMISES TO REPAIR OR REHABILITATE THESE PROPERTIES WILL NOT BE HONORED.
COMMISSIONER MEMBERS, I REALIZED, OF COURSE, THAT MUCH OF THE LONG AND SORRY HISTORY OF CODE VIOLATIONS AND BROKEN PROMISES DID NOT OCCUR ON YOUR WATCH, BUT SEEMS WE ARE BACK IN THE SAME POSITION EVERY FEW YEARS WITH A DIFFERENT SET OF PLAYERS, AND ALL THE WHILE THE VIOLATIONS PERSIST AND WORSEN.
AS A RESULT, I, OTHER NEIGHBORS HAVE GROWN SKEPTICAL CONCERNING WHETHER THE CITY OF AUSTIN REALLY HAS THE INTEREST, ABILITY, AND DETERMINATION TO ENFORCE ITS RULES.
THE SITUATION FIRST AROSE WHEN I WAS IN MY MID FIFTIES, AND I'M NOW 72 YEARS OLD.
AT THIS POINT, I'M BEGINNING TO DOUBT WHETHER CORRECTIVE ACTION WILL BE TAKEN DURING MY LIFETIME.
HOWEVER, I VERY MUCH HOPE THAT THE CODE DEPARTMENT, THE BUILDING AND STANDARDS COMMISSION, AND THE CITY'S LEGAL DEPARTMENT PROVED ME WRONG.
AND WE'LL FINALLY GIVE THIS MATTER THE ATTENTION IT DESERVES, AND WHICH IS ALMOST 20 YEARS OVERDUE.
UM, WE ALSO HAVE MS. BLAIR, ALI BLAIR.
MR. UH, IS IT A MS. A BLAIR? I'M SORRY.
UH, UH, MY NAME'S ALLIE BLAIR AND, UH, I WANTED TO GIVE KUDOS, UH, TO MS. PRESLEY FOR ALL HER HARD WORK.
AND, AND SHE'S, UH, GETS TO SEE THAT, UH, AS MUCH HER, HIS EYE SEEM TO, UH, MY TESTIMONY BE PROBABLY BE A LITTLE MORE EMOTIONAL.
MY, I SLEEP, UH, ABOUT THE SAME DISTANCE BETWEEN ME AND THE CHAIR WOMAN, UH, TO, UH, 35 0 7, WHICH I CONSIDER IN THE, AND VERY MUCH APPRECIATE THE, THE CHIEF BEING HERE IS, UH, AN EXTREME FIRE HAZARD.
THIS IS, UH, WE'VE SEEN IN THE NEWS LAST FEW WEEKS, QUITE A FEW ABANDONED HOUSES OR BUILDINGS, THE ONE JUST YESTERDAY DOWNTOWN THAT CAUGHT FIRE.
UH, THIS, UH, BUILDING HAS, UH, THREE ELECTRIC METERS CONNECTED TO IT THAT ARE ACTIVE.
UH, IT HAS, UH, YOU SAW IN THE PICTURES, IT HAS NATURAL GAS.
UH, THE, THOSE METERS ARE PROBABLY BEING MAINTAINED FOR REASONS THAT, UH, WE, NONE OF US CAN UNDERSTAND.
SINCE THERE HASN'T BEEN A LIGHT ON IN THE HOUSE, IT HAD A FOURTH METER CONNECTED THAT WAS DISCONNECTED BY AUSTIN AND ELECTRIC BECAUSE OF A FAULTING.
UH, I ASSUME THAT THAT MEANS A FAULTING PROBABLY WITHIN THE, UH, THE FUSE BOX THAT WAS, UH, THAT MADE IT IMPOSSIBLE TO, FOR THEM TO LEAVE THE METER THERE.
UM, CONSTRUCTION WASTE HAS BEEN STORED IN THE BUILDING.
I'VE SEEN, I'VE WITNESSED, UH, ON SEVERAL OCCASIONS, UH, PEOPLE, UH, PUTTING MATERIAL, UH, BOARDS, UH, AND OTHER CONSTRUCTION WASTE INSIDE THE HOUSE.
[03:25:01]
DISPOSAL, UM, IT, I THINK AT MINIMUM IT NEEDS TO HAVE THE FIRE DEPARTMENT GO TO INTERIOR.UH, UH, IT'S, UH, UH, IT'S A DISASTER JUST WAITING TO HAPPEN.
AND, UH, THE, UH, IN TERMS OF SOME OF THE OTHER TESTIMONY GIVE, GIVEN HERE, I, I, THERE'S BEEN MISREPRESENTATIONS BY THE OWNER.
I LOOK OUT MY WINDOW EVERY DAY AT THIS STRUCTURE.
I GET QUESTIONS FROM FAMILY, FROM RELATIVES, FROM PEOPLE COMING INTO TOWN TO WHY CAN SOMEONE LIKE THIS EXIST IN THIS TOWN? AND THEY, AND I DON'T KNOW HOW TO ANSWER 'EM.
AND, UH, MY HOUSE IS THE SAME AGE, CONSTRUCTION, THE SAME TIME.
UH, I UNDERSTAND THE HARDWOOD THAT'S IN THE HOUSE.
I UNDERSTAND THE, THE ISSUES THERE, BUT JUST IN THE TIME THAT I'VE LIVED THERE SEVEN YEARS, I'VE SEEN WHAT WAS POTENTIALLY A RESTORABLE BUILDING NEXT TO MY HOUSE.
I RESTORED, MINE WAS IN BAD SHAPE.
IT WAS RESTORED, UH, GONE TO ONE THAT'S NOT RESTORABLE.
AND I, UH, I ASK YOU, I, I BEG YOU ALMOST TO, UH, TAKE ACTION, UH, TO HAVE THAT, UH, AT LEAST 35 0 7 DEMOLISHED AND, UH, THE OTHER REAR STRUCTURE REMOVED ALSO.
THANK YOU SO MUCH FOR YOUR TIME.
AND THANKS FOR MAKING IT BRIEF AS WELL.
UM, WE ALSO HAVE A MR. SHULAK, JASON SHULAK.
UM, ARE YOU WANTING TO SPEAK? IS THERE A MR. SCHUL? HE LEFT.
UM, DO WE HAVE SOMEBODY ON THE PHONE? YES.
MS. EPSTEIN, CAN YOU HEAR US? OOPS.
OH, MS. EPTON, CAN YOU PLEASE UNMUTE YOUR MIC CHAIR? IT'S STAR SIX, I BELIEVE, TO UNMUTE HER PHONE.
MS. EPSTON, CAN YOU HEAR ME OKAY? MARKS, BUT I'VE CHANGED THEM HEARING THIS STAFF
MY NAME IS BARBARA EPSTEIN, AND I AM THE NEW HANCOCK NEIGHBORHOOD ASSOCIATION PRESIDENT.
I ONLY LEARNED ABOUT THIS CASE YESTERDAY.
I AM UNAWARE OF ANY ASSOCIATION ACTION ON IT.
SO I SPEAK HERE SOLELY AS A CONCERNED NEIGHBOR BASED ON STAFF'S PRESENTATION.
I WONDER WHY THE NEIGHBORHOOD ASSOCIATION WOULD NOT RECEIVE NOTICE OF SUCH VIOLATIONS AND WHY IT HAS TAKEN THIS MANY YEARS FOR THE ACTION TONIGHT TO BE TAKEN DESPITE THE LENGTH OF THE CITED VIOLATIONS.
THE BEST OUTCOME FOR OUR NEIGHBORHOOD WOULD BE FOR 38 0 5 AND 38 0 7 DUVAL STREET TO PROVIDE SORELY NEEDED AFFORDABLE HOUSING IN THE UT AREA, THAT WE KEEP COMPATIBLE HISTORICAL ARCHITECTURE, AND THAT THE TREES ON THESE PROPERTIES CAN CONTINUE TO CONTRIBUTE TO OUR CITY'S MATURE URBAN TREE CAMPS TO AVOID DEMOLITION.
AND AGAIN, I I WANNA SAY THAT I AM HORRIFIED AS A LONGTIME RESIDENT THAT THIS CASE HAS DRAGGED ON FOR THIS MANY YEARS.
I AM SEEING CASES WITH THE CITY THAT THINGS HAVE HAPPENED FOR DECADES THAT THE CITY DOES NOT ACT ON.
AND IT, IT SAYS TO ME AS AN ALMOST 50 YEAR RESIDENT, THAT THE CITY IS NOT CONCERNED ABOUT THE QUALITY OF LIFE IN CENTRAL NEIGHBORHOODS.
THEY WOULD RATHER HAVE OUTSIDE INVESTORS COME IN AND DEMOLISH IT THAN TO PRESERVE THE HISTORY OF OUR CITY AND THE CHARACTER OF OUR CITY.
AND I, I I, I FEEL VERY CONFLICTED ABOUT YOUR WORK BECAUSE I UNDERSTAND WHY YOU'RE ORDERING DEMOLITION, BUT I ALSO CANNOT UNDERSTAND WHY OUR CITY DOESN'T VALUE THE ARCHITECTURE AND THE TREES IN OUR AREA.
AND, UH, IF YOU HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO ANSWER THEM.
MS. EPSTEIN WILL TAKE YOUR, UH, OPINIONS AND THOUGHTS IN THE CONSIDERATION WHILE WE'RE DISCUSSING THIS CASE.
SO DO WE HAVE ANY QUESTIONS? UH, MOTIONS, COMMENTS, COMMISSIONER FRYBERGER.
UM, I HAVE A QUESTION, ACTUALLY, PROBABLY FOR COORDINATOR.
DOES THE NEIGHBORHOOD ASSOCIATION HAVE ANY STANDING TO RECEIVE THESE NOTICES OF VIOLATION? NO.
IF I DON'T HAVE ANY CON IF I HAVEN'T HEARD FROM THEM, THEY HAVEN'T REQUESTED TO BE NOTIFIED.
I DON'T HAVE ANY WAY OF KNOWING.
I DON'T HAVE ANY WAY OF NOTIFYING THEM.
[03:30:01]
REALLY IS JUST IF SOMEONE REQUESTS THAT, THEN YOU WOULD BE HAPPY TO PROVIDE THAT NOTIFICATION, BUT THERE'S NO LEGAL REASON WHY.NOT THAT I KNOW OF THE NEIGHBORHOOD ASSOCIATION WOULD NORMALLY RECEIVE NOTICES.
UM, THEN I JUST DID WANT TO POINT OUT TOO, THAT SINCE 2005, THERE HAVE BEEN ORDERS MADE BY THIS COMMISSION.
IT'S NOT THAT THE CITY HAS NOT BEEN DOING ANYTHING, IT'S JUST THAT SHORT OF ACTUALLY ORDERING A DEMOLITION, ALL WE CAN DO IS ORDER REPAIRS AND LET THE FINES RACK UP.
AND IF NEARLY A MILLION DOLLARS IN FINES ISN'T INCENTIVE ENOUGH TO GARNER SOME ACTION, THEN YOU KNOW, THEN WE HAVE TO GO TO THE NUCLEAR OPTION, WHICH IS DEMOLITION.
I THINK WE ACTUALLY NEED TO EXTEND THE TIME AGAIN IF WE CAN.
UH, COMMISSION, UH, VICE CHAIR.
THEN, UH, BEFORE WE CONSIDER IT THING, TIM, I WANTED TO, UH, MOVE TO CLOSE THE HEARING, THE PUBLIC PORTION OF THE HEARING.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE SECOND.
WE HAVE A SECOND BY COMMISSIONER MUELLER MUELLER.
IS ANYBODY OBJECT TO THAT? NO.
UM, MOVED TO EXTEND THE MEETING TO ANOTHER, ANOTHER FIVE MINUTES TO 10 20.
UM, YES, CHAIR, YOU ALSO HAVE A VOTE ON AN ITEM FROM LAST MONTH THAT YOU WERE GONNA VOTE ON THAT AMENDMENT FROM LAST MONTH, UH, TO AMEND THE RULES AND REGULATIONS.
I DON'T KNOW IF YOU NEED A FEW MINUTES TO DO THAT AS WELL.
WE, WE MAY, BUT WE MAY EXTEND IT AGAIN, BUT ALRIGHT.
UM, SO WE CAN ONLY EXTEND FOR FIVE MORE MINUTES.
BUT THERE'S NO SECOND, SO, YEAH.
WE HAVE A SECOND, UM, COMMISSION, FRYBERGER, AND THEN I'LL JUST GO AROUND AND TAKE VOTES.
AND COMMISSIONER FRANCIS, COMMISSIONER MUELLER.
I, I THINK COMMISSIONER STILL STAND HERE.
AND WE STILL HAVE A QUORUM, SO YES.
SO, UH, I THINK AS, AS, UH, MS. EPSTEIN SAID THIS IS A VERY KIND OF DISTURBING AND CONFLICTING CASE.
UM, YOU KNOW, CLEARLY THESE HOMES AT ONE TIME WERE THESE BEAUTIFUL BUNGALOWS.
YOU CAN SEE THE IMAGES, UH, I KNOW I GO ON, ON, UH, ARCHITECTURAL TOURS OF AUSTIN.
AND THERE ARE PEOPLE WHO SPEND QUITE A BIT OF MONEY TO RESTORE HOMES, UM, WHO LOOK LIKE THAT, UH, TO A BEAUTIFUL CONDITION.
I, IT, I DON'T UNDERSTAND MR. SHANKER, HOW FOR 18 YEARS ORDERS HAVE BEEN IGNORED.
WE SAW PEOPLE TONIGHT WHO WERE HERE IN FRONT OF THIS COMMISSION, UH, DEALING WITH CONSEQUENCES FOR ORDERS THAT WERE IN PLACE FOR, FOR MUCH LESS TIME THAN THAT.
UM, YOU KNOW, 18 YEARS AND A MILLION DOLLARS ALMOST IN FEES.
IT JUST AMAZES ME THAT THE FEES ON THESE ACTUALLY EXCEED ACCORDING TO THE PAPERWORK HERE, THE, THE, THE VALUE OF THE LAND, WHICH IS, WHICH IS VERY SAD.
AND, AND FOR ME, THAT, THAT I DON'T UNDERSTAND HOW, HOW, WHAT TYPE OF ANALYSIS TOOK PLACE TO ALLOW THAT TO HAPPEN.
BUT NEVERTHELESS, I THINK AS COMMISSIONER FREIBERGER MENTIONED, APPARENTLY NO AMOUNT OF TIME, NO AMOUNT OF FINANCIAL INCENTIVE HAS GOTTEN THIS OWNER TO TAKE ACTION.
AND I THINK THE QUOTE I HEARD TONIGHT WAS, IF IT HADN'T OF RAINED THIS WEEK, THESE REPAIRS WOULD'VE BEEN COMPLETED FOR 18 YEARS.
IT HAS NOTHING TO DO WITH THE RAIN THIS WEEK.
I, I, I, UM, I DON'T KNOW WHAT MIGHT INCENTIVIZE THE OWNER TO TAKE ACTION OTHER THAN LETTING THE STAFF RECOMMENDATIONS, UH, BE ADOPTED AND, UH, WITH THE KNOWLEDGE THAT IT TAKES, YOU KNOW, MANY MONTHS FOR THEM TO ACTUALLY BE EXECUTED.
AND IF YOU ARE SINCERE IN YOUR ATTEMPT, IN YOUR, IN WHAT YOU'VE SAID, THAT YOU WANT TO REPAIR THEM, THAT DOES GIVE YOU THE TIME TO PULL THOSE PERMITS AND TO PULL TOGETHER THE DOCUMENTATION TO DEMONSTRATE YOU'RE ACTUALLY GOING TO REPAIR THEM OR TO FIND MAYBE SOMEONE ELSE WHO WILL.
AND, UM, BUT FOR THAT REASON, I JUST WANT SAY, UNLESS I HEAR SOME, SOMEONE CONVINCES ME.
OTHERWISE, I'M IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDERS.
I MOVE THAT WE ADOPT THE STAFF'S, STAFF'S PROPOSED OF FINDINGS OF FACTS AND CONCLUSIONS, AND
[03:35:01]
A RECOMMENDED ORDER A SECOND.WE HAVE A MOTION TO ADOPT THE FINDINGS OF FACTS, CONCLUSIONS OF LAW, AS WELL AS THE PROPOSED ORDER OF STAFF.
AND WE ALSO HAVE A SECOND BY COMMISSIONER FRANCIS.
SO WE'LL GO AHEAD AND VOTE ON THIS.
I JUST WANNA MAKE A REALLY QUICK COMMENT.
AND THIS IS RELATED TO, YOU KNOW, THE FRUSTRATION THAT THE NEIGHBORS HAVE EXPRESSED, AND THE, WE'VE SEEN THIS IN OTHER CASES WHERE GIANT FINES ARE RACKED UP WITH NO EFFECT, AND THEN PEOPLE COME IN LATER AND ASK FOR THEM TO BE, UM, DISMISSED.
AND WE'VE TALKED ABOUT THIS, UH, THIS IS SOMETHING FOR STAFF TO CONSIDER, UM, THAT THEY COULD DECIDE INTERNALLY THAT WHEN THE FINES HIT A CERTAIN AMOUNT, THAT THEY TURN IT OVER TO LEGAL AND RECOMMEND THAT THERE BE A CASE BROUGHT TO HAVE A SUMMARY JUDGMENT OR COLLECT THEM SO THAT IF PEOPLE KNEW THAT ONCE VINES HIT A CERTAIN LEVEL, THAT'S GONNA HAPPEN, THEN YOU KNOW, THERE MIGHT BE MORE ACTION.
SO THAT'S, IT'S JUST A SUGGESTION.
STAFF WOULD HAVE TO DECIDE INTERNALLY IF THEY WANTED TO MAKE THAT A PRACTICE.
BUT, UM, IT, YOU KNOW, WE'VE SEEN THIS IN OTHER CASES AND IT'S SUPER FRUSTRATING.
UM, MADAM CHAIR, I CALL FOR THE VOTE.
UM, WE'LL GO AHEAD AND TAKE THE VOTES.
AND COMMISSIONER FREIBERGER? I'M IN FAVOR.
I'M ALSO IN FAVOR, UM, COMMISSIONER FRANCIS.
SO, MR. SCHENKER, YOU HEARD EVERYBODY TONIGHT AND YOU UNDERSTAND WHAT NEEDS TO BE DONE.
AND THIS PARTICULAR ORDER WILL BE MAILED TO YOU, AND YOU'LL BE ABLE TO REVIEW IT, AND HOPEFULLY YOU CAN GET THESE CONTRACTORS WORKING REALLY FAST TO GET THOSE PERMITS, UM, ACTUALLY IN PLACE AND TO DO WHATEVER YOU NEED TO DO.
UM, CHAIR, ANYTHING ELSE? I MOVE THAT WE EXTEND THE MEETING FIVE MORE MINUTES BECAUSE, UH, COMMISSIONER MUELLER HAS BEEN VERY PATIENT WITH THE, WITH THE ITEM SHE BROUGHT IN.
WE BUMPED IT MONTH AFTER MONTH.
UH, WE HAVE A MOTION TO EXTEND TO 10:24 PM AYE, I SECOND.
AND I THINK WE'VE ALREADY SEEN THE PRESENTATION,
OKAY, SO THIS WAIT, WAIT, WAIT.
[8. Discussion and possible action on proposed amendment to Commission’s Rules and Regulation regarding Rule 406. Evidence Required in Certain Cases]
AMENDMENT WAS JUST TO ADD LANGUAGE TO, UM, TO THE PART OF OUR BYLAWS THAT SAY WHAT EVIDENCE IS REQUIRED IN CERTAIN CASES SO THAT WE WOULD BE ASKING PEOPLE WHO COME AND TRY AND APPEAL THEIR NOTICE OF SUSPENSION OR REVOCATION OF, OF THEIR, UM, PROPERTY REGISTRATION THAT THEY WOULD HAVE TO BRING CERTAIN EVIDENCE WITH THEM TO SHOW US THAT THEY'RE, YOU KNOW, SERIOUSLY MAKING PROGRESS.AND THE EVIDENCE HERE IS THE SAME EVIDENCE THAT WE ASK FOR IF SOMEONE WANTS MORE THAN THE 90 DAYS THAT WE'RE ALLOWED TO GIVE.
SO THAT'S, THAT'S ALL OF THIS IS THE LANGUAGE IS EXACTLY THE SAME.
ASK, CAN YOU PUT THE SLOT? YEAH.
SO I DON'T KNOW IF ANYONE WOULD LIKE TO MAKE A MOTION.
I THINK IT'S AN EXCELLENT IDEA.
UM, I'M, LET'S SEE, HOW DO WE DO THIS? I MOVED TO ADOPT THE AMENDMENT, THE PROPOSED AMENDMENT TO OUR BYLAWS.
SECOND THAT WE LOST OUR COUNCIL.
WE HAVE A, IT'S NOT TO THE BIO IMAGE OF IT.
IF YOU WANNA LOOK AT THE GO AHEAD, MS. I'M TRYING TO LOOK AT THE, THE ONES YEAH, IT'S IN YOUR READERS, BUT WE'VE ALSO GOT, WE CAN PUT IT UP ON THE SCREEN.
IT'S, UM, 4 0 6 EVIDENCE REQUIRED.
IN CERTAIN CASES, IT'S IN THE READERS, IT'S UP ON THE SCREEN AS WELL.
SO WILL THIS BE MODIFYING THE BYLAWS OR WILL THIS BE MODIFYING THE NOTICES SENT OUT? IT'S THE BYLAW.
[03:40:01]
THAT WOULD BE MODIFIED, BUT THEN, I MEAN, IT COULD BE, SO IT SEEMS LIKE IT WOULD, THE SAME WAY THAT YOU SEND OUT INFORMATION ONCE THE BYLAWS WERE MODIFIED, THEN WE COULD ALSO MODIFY THE MODIFY WHAT'S MAILED OUT.MADAM CHAIR, THIS IS A DEFENSE COUNSEL.
UM, THIS IS AN AMENDMENT OF THE RULES, NOT BYLAW THE RULE LAWS.
COMMISSION TO RESTATE THAT MOTION? YES, PLEASE.
DOES EVERYONE ACTUALLY HAVE A CHANCE TO LOOK AT THESE RULES? YES.
SO I MOVE THAT WE ADOPT THE PROPOSED AMENDMENT TO OUR RULES, SPECIFICALLY 4 0 6 EVIDENCE REQUIRED IN CERTAIN CASES.
DOES THAT WORK, MS. CURRY? I SECOND THAT.
WE HAVE A MOTION BY COMMISSIONER FREIBERGER TO AMEND, UH, RULE 4 0 6.
AND WE HAVE A SECOND BY VICE CHAIR FERRE.
AND IF WE DON'T HAVE ANY FURTHER COMMENTS, I THINK IT'S A BRILLIANT AMENDMENT SO WE CAN CALL THE VOTE.
UM, SO COMMISSIONER SEIG? YES.
AM I THE FIRST HAPPY VOTE TODAY? YES.
AND COMMISSIONER SOAD, ARE YOU STILL HERE? I AM.
THE VOTE CARRIES AND WE HAVE THE AMENDMENT AS PROPOSED IN THE DRAFT.
UM, I WILL GO AHEAD AND SEE IF THERE ARE ANY OTHER ITEMS. I DON'T THINK SO.
GOT FOR ABOUT A MINUTE TO ASK
ANY FUTURE, UM, AGENDA ITEMS? I SECOND THAT.
UM, I WILL CALL THE MEETING ADJOURNED AT TEN TWENTY THREE.
WE HAVE, I GOT A MINUTE SPARE.