[00:00:01]
ONE, I'M GOING TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR
[CALL TO ORDER]
APRIL 26TH, 2023.LET THE RECORD REFLECT THAT THE TIME IS NOW 6:42 PM MY NAME IS SHAGUN.
I AM THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I'LL CALL RO AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT THEY'RE HERE.
A QUICK REMINDER FOR THE COMMISSIONERS THAT ARE ATTENDING REMOTELY, PLEASE TURN ON YOUR, UM, CAMERA AND KEEP IT ON AT ALL TIMES TO MAINTAIN QUORUM.
UM, MS. UM, COMMISSIONER BENIGNO HERE.
UH, COMMISSIONER FRANCIS? UH, DID THE MIC WORK? NO.
WELL, COMMISSIONER SELLING IS HERE.
COMMISSIONER FRANCIS, NOT HERE.
AND WE HAVE COMMISSIONER LUIS DETA.
AND WE HAVE COMMISSIONER THOMPSON HERE.
UM, AND COMMISSIONER FREIBERGER HERE.
AND WE ALSO HAVE FIRE MARSHALL VODKA HERE, CORRECT? YES.
UM, DID I LEAVE ANYBODY OUT? I DON'T THINK SO.
WE'LL GO AHEAD AND CONTIN, UH, WELL BEFORE THE CASES
[PUBLIC COMMUNICATION]
ARE CALLED, THE COMMISSION WILL, UM, ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE, UH, A CASE OUT OF ORDER IF WE DEEM IT APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DEC CRIME AND CIVILITY, SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
THE COMMISSION'S 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 SEAT NEAR THE PODIUM, OR IF YOU ARE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR COMPUTER.
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 PRESENT YOUR OWN WITNESSES IN 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 CITI AND THE CITY HAVE PRESENTED THE EVIDENCE AND WITNESSES, THE COMMISSION WILL 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.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE TONIGHT, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED.
UM, WE'RE GOING TO SWEAR WITNESSES IN UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION THIS EVENING, IN ANY CASE, INCLUDING THOSE ATTENDING REMOTELY, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
[00:05:01]
THANK YOU.DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IF THANK YOU.
YOU MAY BE SEATED, AND IF THERE'S NOTHING ELSE, WE'LL PROCEED WITH
[1. Approve the minutes of the Building and Standards Commission regular meeting on March 22, 2023]
THE AGENDA ITEMS. I THINK THE VERY FIRST THING WILL BE THE MINUTES FROM LAST MONTH.PLEASE IF WE COULD APPROVE THE MINUTES FROM THE MARCH 22ND, 2023 MEETING.
I MOVE TO APPROVE THE MINUTES FROM THE, UH, BUILDING AND STANDARDS COMMISSION, REGULAR MEETING FROM MARCH 22ND, 2023.
UM, HAS EVERYBODY HAD A CHANCE TO REVIEW THE MINUTES? DO WE HAVE ANY OBJECTIONS TO APPROVING THE MINUTES FROM LAST MONTH'S MEETING? NO.
SO THEN THE MINUTES ARE APPROVED.
WE CAN, UM, START WITH THE FIRST.
I I DON'T BELIEVE WE HAVE ANY PUBLIC COMMUNICATION, UH, GENERAL PUBLIC COMMUNICATION TODAY.
[Items 2 & 3]
TWO AND THREE ON THE AGENDA ARE REGARDING ADJOINING PROPERTY, ADJOINING PROPERTIES, THREE FIRE DAMAGE STRUCTURES, AND ONE ACCESSORY STRUCTURE WHICH REQUIRED DEMOLITION.THE FIFTH STRUCTURE IS OCCUPIED AND IS NOT IN, NOT BEING CONSIDERED FOR ACTION TONIGHT.
2003 WEST ANDERSON LANE, ALSO KNOWN AS 2001.
WEST ANDERSON LANE IS CASE NUMBER CL 20 2300 461 AND 2013 WEST ANDERSON LANE, ALSO KNOWN AS 2003 WEST ANDERSON LANE, AND ALSO KNOWN AS 2007 WEST ANDERSON LANE IS CASE NUMBER CL 20 2300 465.
THE EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THE 2003 ANDERSON LANE CASE WAS OPEN JANUARY 23RD, 2023 DUE TO A COMPLAINT OF RUBBISH AND AN OCCUPATION OF A FIRE DAMAGE STRUCTURE BY PERSONS EXPERIENCING HOMELESSNESS.
THE 2013 ANDERSON LANE CASE WAS OPEN DUE TO A COMPLAINT OF TRASH AND DEBRIS PILING UP FROM AN ILLEGAL ENCAMPMENT ON JANUARY 23RD.
FIRES OCCURRED AT THESE LOCATIONS ON AUGUST 26TH, 2022, AND JANUARY 23RD, 2023 AS A RESULT OF THE TWO FIRES, ONE OF THE STRUCTURES LOCATED AT 2003 WEST ANDERSON LANE AND TWO STRUCTURES AT 2013 WEST ANDERSON LANE SUSTAINED FIRE DAMAGE.
THE STRUCTURES ARE A PUBLIC NUISANCE, ARE CONSIDERED UNSAFE AND DANGEROUS.
DEMOLITION PERMITS HAVE FOR BOTH PROPERTIES HAVE BEEN APPROVED.
THE AUSTIN CODE DEPARTMENT ENGAGED WITH THE OWNER PRIOR TO THE HEARING REGARDING A PROPOSED AGREED ORDER, WHICH BOTH PARTIES HAVE AGREED TO AND SIGNED, AND YOUR READERS AND GOOGLE DRIVE FOLDERS, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND THREE, WHICH CONTAINS THE COMPLAINANT CASE HISTORIES, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING, AS WELL AS THE REQUIRED POSTINGS AND STRUCTURE MAPS OF THE PROPERTIES EXHIBIT TWO AND FOUR, WHICH CONSISTS OF CODES PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G AND FOUR A THROUGH 4G, AS WELL AS THE PROPOSED AGREED ORDERS.
BECAUSE THE, WE HAVE SIGNED AGREED ORDERS FOR THESE CASES, THERE'S NOTHING TO PRESENT.
EXHIBITS CAN BE FOUND IN YOUR READERS OR GOOGLE DRIVE FOLDERS FOR REFERENCE.
SUPERVISOR DAVID DOWNING IS AVAILABLE TO DISCUSS THE VIOLATIONS AND ANSWER ANY QUESTIONS YOU MAY HAVE.
OTHERWISE, WITH THE APPROVAL OF THE COMMISSION, I'LL PROCEED TO READ THE PROPOSED AGREED ORDERS INTO THE RECORD.
AND COULD YOU ASK DANIEL TO PUT THAT UP ON THE SCREEN PLEASE? THANK YOU.
UM, STAFF ASK THE COMMISSION TO ADMIT EXHIBITS ONE AND THREE, 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 AND FOUR A THROUGH FOUR
ONE, REQUIRE THE OWNER MAINTAIN THE PROPERTY FREE FROM RUBBISH AND DEBRIS AND SECURE AND SECURE UNTIL ALL REQUIREMENTS OF THIS ORDER ARE COMPLETE.
TWO, 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 COMMERCIAL FIRE DAMAGE STRUCTURE WITH, WITH THE STREET ADDRESS, 2003 WEST ANDERSON LANE, AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED
[00:10:01]
AND C REQUEST INSPECTIONS FROM AUSTIN.CODE TO VERIFY COMPLIANCE THREE ON THE 45TH DAY OF COM.
46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION TO CONSIDER ALL PORTIONS OF THE COMMERCIAL FIRE DAMAGE STRUCTURE WITH THE STREET ADDRESS, 2003 WEST ANDERSON LANE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
REGARDING THE PROPERTY AT 2013 WEST ANDERSON LANE REQUIRE ONE, REQUIRE THE OWNER MAINTAIN THE PROPERTY FREE FROM RUBBISH AND DEBRIS AND SECURE ALL SECURE UNTIL ALL THE REQUIREMENTS OF THIS ORDER ARE COMPLETE.
TWO, 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 COMMERCIAL FIRE DAMAGE STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
C REQUEST INSPECTIONS FROM AUSTIN.
CODE TO VERIFY COMPLIANCE ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL FIRE DAMAGE STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UM, COMMISSIONERS, DID YOU HAVE ANY QUESTIONS FOR SUPERVISOR DOWNING OR STAFF? NO.
WELL, UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE IN EXHIBIT THREE, AS WELL AS PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G AND FOUR A THROUGH FOUR J.
UM, AND WE'LL ALSO GO AHEAD AND, UM, APPROVE THE PROPOSED AGREED ORDERS AS PRESENTED.
AND THAT REQUIRES A VOTE, I BELIEVE.
I HAD A QUICK QUESTION AS WELL PROBABLY FOR, UM, OUR COUNSEL.
SO MS. CURRY, IS IT ADVISABLE TO SPLIT THE ORDERS OUT WHEN THEY'RE TWO SEPARATE PROPERTIES OR IS IT OKAY WITH BOTH ON THE SAME ORDER? IT, IT'S TWO SEPARATE ORDERS.
I READ BOTH TWO SEPARATE ORDERS RECOMMENDATIONS INTO THE RECORD.
UM, THE ONE I'M LOOKING AT, LET ME MAKE SURE, SO THERE'S ONE FOR 2003 WEST ANDERSON.
THERE'S A SECOND ONE FOR 2013.
IS THAT ONE ON, I BELIEVE I'M LOOKING AT THE GRAY FOLDER.
SO THERE LOOK AT A DOCUMENT, IT SEEMS AS IT'S ONE ORDER AT LEAST TO ME, RIGHT? IT CUTS, IT'S TWO ORDERS.
I HAVE THEM ACTUALLY IN MY BAG.
ALL RIGHT, THEN WE'LL GO AHEAD AND CALL THE VOTE
DO YOU NEED A MOTION? WELL, SURE.
AND SO THIS IS FOR, I'LL JUST DO THE CASE NUMBER, THAT'S EASIER.
I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
UH, DO WE HAVE A SECOND ON THAT MOTION? I'LL SECOND THAT.
UM, MADAM CHAIR, UM, I JUST WANNA CLARIFY FOR THE RECORD THAT BOTH ORDERS ARE IN THE BACKUP FOR THE HEARING.
UM, THEY LOOK LIKE THEY'RE ONE DOCUMENT, BUT IT DOES SAY REGARDING 2003 WEST ANDERSON, AND THEN REGARDING 2013.
SO IT'S JUST IMPORTANT THAT YOU HAD THE OPPORTUNITY TO REVIEW BOTH ORDERS, EVEN THOUGH WE PHYSIC HAVE PHYSICAL COPIES.
WELL GO AHEAD AND TAKE A MINUTE TO, UH, WE COULD DO THAT
UM, WE'LL GO AHEAD AND TAKE A MINUTE AND THEN WE CAN ALSO CONTINUE WITH A MOTION.
I GUESS I HAD A QUESTION MAYBE FOR THE FIRE CHIEF TO ANSWER, WHICH IS IT MENTIONS THAT THE BUILDING'S FIRE DAMAGED, UH, ALTHOUGH IT LOOKS TO BE MORE
[00:15:01]
A WHOLE, AT LEAST EXTERNALLY THAN MOST OTHER FIRE, FIRE DAMAGE BUILDINGS THAT I'VE SEEN, UH, IN PREVIOUS MEETING RECORDINGS.CAN YOU GIVE ME A BIT MORE CONTEXT OR COLOR INTO WHAT EXACTLY IS THE DAMAGE THAT'S BEEN DONE TO THE BUILDING STRUCTURALLY ITSELF? SURE.
SO THE, THE INTERIORS OF THE BUILDING HAVE SUFFERED SIGNIFICANT FIRE DAMAGE.
AND SO THERE, THERE'S, UH, WITH THEM BEING BRICK BUILDINGS LIKE THAT, WITH, UM, WITH COMMERCIAL, WITH THE METAL ROOF, UH, IT'S DIFFICULT SOMETIMES TO SEE THE, THE AMOUNT OF DAMAGE FROM THE EXTERIOR.
BUT, UH, YOU KNOW, WE'RE VERY CONCERNED ABOUT THESE BUILDINGS AS THEY'VE BEEN VACANT AND WE'VE HAD MULTIPLE FIRES IN THE AREA.
SO THE CONCERN IS ABOUT A HIGH RISK OF COLLAPSING OR OTHERWISE CAUSING FOLKS TO FURTHER DAMAGE TO THE, BOTH THE STRUCTURE AND ANYONE WHO HAPPENS TO BE IN, IN OR AROUND THE AREA AND OR APARTMENTS IN THE OTHER, OTHER BUILDINGS IN THE AREA IS ADJACENT TO THE, TO THOSE BUILDINGS AS WELL.
WE'LL RESUME, WE'LL RESUME THE VOTES.
WE HAVE A MOTION, UM, FROM COMMISSIONER FREIBERGER, AND WE HAVE A SECOND, UH, FROM COMMISSIONER ELLI TO, UM, TO ADOPT THE RECOMMENDATIONS AND FINDINGS.
AND I BELIEVE SHE ONLY REFERENCED ONE OF THE ORDERS, SO YES.
WHAT TWO FOR THE 2003 PROPERTY? OKAY.
DID YOU WANNA DO BOTH? OH, ONE BY ONE, JUST I WOULD SAY LET'S VOTE ON THE OCEAN THAT WE HAVE.
YOU WANNA RESTATE IT FOR BOTH? NO.
WE'LL GO AHEAD AND VOTE ON THE FIRST ONE.
UM, I'LL JUST ASK, I'LL JUST GO AROUND.
COMMISSIONER FREIBERGER, HOW DO YOU VOTE? I'M IN FAVOR.
AND COMMISSIONER, DO YOU HAVE TO HELP ME WITH THIS?
IT'S MISSPELLED IN THE MEETING AGENDA.
SO IT'S, OH, INSTEAD OF A NAME.
AND VICE CHAIR, I AM ALSO IN FAVOR AND I'M IN FAVOR AS WELL.
I'M IN FAVOR AS WELL AND COMMISSION ANO, AS AM I.
SO THAT, UM, ORDER PASSES THE AGREED ORDER FOR THE FIRST CASE.
HOW WOULD I? THANK YOU SO MUCH.
I THINK WE HAVE EVERYBODY NOW.
NOW WE HAVE A SECOND PROPERTY WITH ALSO WITH AN AGREED ORDER CHAIR.
I'D BE HAPPY TO MAKE A MOTION FOR THAT ONE AS WELL, PLEASE.
OKAY, SO THIS IS FOR CASE NUMBER 2020 3 0 4 0 65.
I ALSO MOVED TO ADOPT STAFF'S PROPOSED FINDINGS OF EFFECT AND CONCLUSIONS OF LAW, AND TO ADOPT THE RECOMMENDED ORDER.
AND I'LL SECOND THIS ONE AS WELL.
UH, WE ALREADY, OH, WOODY WANTS TO DO, OKAY.
WE HAVE, UH, SECOND FROM COMMISSION, ELLI AS WELL, AND I'LL JUST CALL THE VOTES UNLESS WE HAVE ANY DISCUSSIONS ON THE STATE.
UM, MADAM CHAIR, CAN WE HAVE, UM, EVERY, UH, COMMISSIONER'S NAME STATED BEFORE THEIR VOTE FOR THE RECORD INSTEAD OF JUST, UH, I VOTE THIS, UM, EITHER HAVE THE CHAIR SAY YOUR NAME OR, OR YOU SAY YOUR NAME AS YOU GO THROUGH, BUT PREFERABLY, UM, PLEASE WAIT FOR THE CHAIR TO CALL ON YOU BEFORE YOU SPEAK.
IT JUST HELPS FOR CLARITY OF THE RECORD.
UM, IT HELPS MELANIE KIND OF TRACK THINGS, AND IT HELPS US WHEN WE'RE GOING BACK AND WHEN WE'RE TRYING TO ENFORCE OUR ORDERS IF WE'RE CLEAR WITH WHO'S SPEAKING AND THAT THEY'VE BEEN CALLED ON.
WE'LL MAKE SURE WE'RE, WE STAY ON TRACK WITH THAT.
SO, COMMISSIONER FRYBERGER, HOW DO YOU VOTE? I'M IN FAVOR.
AND COMMISSIONER THOMPSON? I'M IN FAVOR, COMMISSIONER O LUGA.
AND I'M ALSO IN FAVOR, AND COMMISSIONER? YES.
COMMISSIONER BENIGNO IN FAVOR AND IS STILL SAID.
THOSE TWO ARE APPROVED AND THEY WILL BE MAILED OUT.
[5. Case Number: CL 2023-040115]
AGENDA FOR THE COMMISSION'S CONSIDERATION IS C 20 23 4 1 15 AND IS REGARDING A PROPERTY LOCATED AT 24 15 WINK LANE.NOPE, I TOOK THAT OUT OF ORDER.
I THINK IT'S OKAY IF, UM, THERE'S NOBODY HERE FOR THE AGENDA.
ITEM FOUR, GO AHEAD AND TAKE THEM OUT OF ORDER, OF
[00:20:01]
COURSE, BECAUSE SOMEBODY'S HERE FOR THE OTHER CASE.STAFF EXHIBITS CAN BE FOUND IN THE GOLDEN BROWN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN SEPTEMBER, 2022 DUE TO A COMPLAINT.
THERE ARE CURRENTLY NO ACTIVE PERMITS FOR THIS.
PROPERTY CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO L.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR BELINDA THOMPSON IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS AND PRESENT THE VOTE AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR THOMPSON, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, CHAIR AND COMMISSIONERS.
UH, I'M CODE ENFORCEMENT OFFICER BELINDA THOMPSON WITH AUSTIN CODE DEPARTMENT.
I AM THE ASSIGNED INSPECTOR FOR THIS CASE.
UM, THIS PROPERTY IS A SF THREE RESIDENTIAL PROPERTY BUILT IN 1957.
ACCORDING TO RESEARCH, UTILITY SERVICES HAVE BEEN ACTIVE SINCE 2016.
THIS PROPERTY ALSO HAS TWO ADDITIONAL DETACHED STRUCTURES AT THE REAR OF THE PROPERTY.
UM, ON SEPTEMBER 23RD, 2022, I RECEIVED A COMPLAINT FROM 3 0 1 REGARDING AN ABANDONED SLASH VACANT PROPERTY.
I UNMAINTAINED OPEN AND UNSECURE ON THE FRONT AND REAR OF THE PROPERTY.
THE INITIAL INSPECTION WAS CONDUCTED ON SEPTEMBER 29TH, 2022, AND THE PROPERTY WAS FOUND VACANT AND ABANDONED IN VIOLATION OF BEING OPEN AND ACCESSIBLE WITH SEVERAL STRUCTURED VIOLATIONS, EXCUSE ME, WHICH GENERATED CODE VIOLATION CASE CV 20 22 1 49 8 39.
CAN WE GO TO THE FIRST EXHIBIT? OKAY, HERE IS THE CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE ADDRESS 24 15 WINSTED LANE.
UM, HERE YOU CAN SEE THE BSC BUILDING STANDARDS COMMISSION NOTICE OF HEARING WAS POSTED NEAR THE FRONT DOOR OF THE PROPERTY.
UM, YOU CAN KIND OF SEE THERE IS A PIECE OF THE TILE MISSING FROM THE EXTERIOR WALL ON THE FRONT OF THE PROPERTY.
UM, THE TRIM AND FACIAL BOARDS ARE PEELING AND SHIPPING AND DISREPAIR IN THE FRONT OF THE PROPERTY.
THERE IS ALSO AN ACCUMULATION OF TREE BRUSH LIMBS AND LEAVES BEING STORED ON THE FRONT OF THE PROPERTY NEAR THE CARPORT AREA ON THE LEFT-HAND SIDE.
ALSO, THERE IS A VEHICLE COVERED UNDER THE CARPORT.
HOWEVER, UPON INSPECTION, I WAS UNABLE TO DETERMINE WHETHER THE VEHICLE IS INOPERABLE.
NEXT EXHIBIT, EXHIBIT TWO B IS A CLOSER PHOTO SHOWING THE TRIM IN THE FACIAL BOARD IS PEELING AND CHIPPING.
THERE'S ALSO NO PROTECTIVE TREATMENT ON THE FACIAL BOARDS TO PREVENT THE WOOD FROM DETERIORATING.
UM, THERE'S ALSO CRACKS NEAR THE SOFFIT AREA OPEN FOR INSECTS TO ENTER, UH, THE STRUCTURE ON THE FRONT OF THE, NEAR THE FRONT DOOR AREA AND ALSO ON THE RIGHT SIDE NEAR THE BRICK AREA.
UM, AND NEXT EXHIBIT, EXHIBIT TWO C IS A CLOSER PHOTO SHOWING, UM, THE PLYWOOD SHEETS UNDER N THE SOFFIT AREA HAS ROTTED AND DETERIORATED.
UM, THE TRIM IS ALSO PEELING, CHIPPING, AND A PORTION OF THE TRIM IS HANGING DOWN, UM, NEAR THE FRONT DOOR AREA.
YOU CAN ALSO SEE A BETTER VIEW OF THE CRACKS WHERE THE NEAR THE SOFFIT AREA ALSO AROUND THE TRIM IS OPEN, UM, TO THE ELEMENTS FOR RAIN, POSSIBLY ALSO SIX ENTRY.
NEXT EXHIBIT, EXHIBIT TWO D IS, UH, WHERE YOU CAN SEE THIS IS THE FRONT DOOR OF THE MAIN ENTRY OF THE STRUCTURE SHOWS THAT THE DOOR IS OPEN AND ACCESSIBLE.
THE HARDWARE IS DAMAGED, UM, TO THE FRONT MAIN ENTRY DOOR.
[00:25:01]
WAS NO DEADBOLT LOCK AND THE DOORKNOB WAS LOOSE AND DISREPAIR LEAVING THE STRUCTURE UNSECURED.NEXT EXHIBIT, EXHIBIT TWO E SHOWS THE PLYWOOD SHEETS, UM, UNDERNEATH THE CARPORT AREA.
UH, THEY HAVE BEEN REMOVED EXPOSING THE FRAMING TO THE ELEMENTS OF THE NATURE, FURTHER COMPROMISING THE INTEGRITY OF THE STRUCTURAL CONDITIONS.
UM, NEXT EXHIBIT, EXHIBIT TWO F.
UM, YOU CAN SEE THAT THERE IS SOME, UH, ROTTEN AND DETERIORAT WOOD DECKING.
IF YOU LOOK CLOSELY UNDERNEATH THE ACCUMULATION OF DEBRIS AND THE TREE LIMBS ON THE LEFT SIDE OF THE MAIN STRUCTURE.
THIS IS ALSO NEAR THE CARPORT AREA, UM, ABOVE THE WOODED DECKING.
THERE'S ALSO AN ACCUMULATION OF DISCARDED RO WOOD, WOODY MATERIAL BEING STORED ON THE LEFT SIDE OF THE STRUCTURE.
NEXT EXHIBIT, EXHIBIT TWO G IS JUST A CLOSER PHOTO SHOWING THE, UH, PLYWOOD SHEETS UNDER THE CARPORT AREA WHERE THE, UH, WOOD HAS ALSO ROTTED AND DETERIORATED IS ALSO OPEN TO THE ELEMENTS.
AND YOU CAN KIND OF SEE A LITTLE BIT OF THE FRAMING.
ALSO, UM, OPEN TO INSECTS POSSIBLY ROAD AND ENTRY THERE AS WELL.
EXHIBIT TWO H SHOWS THE BOTTOM.
EXHIBIT TWO H SHOWS THE, UH, ANOTHER PORTION OF THE PLYWOOD MATERIAL IN THE SOFFIT WHERE IT DETERIORATED ROTTEN AS WELL.
AND THERE'S ALSO A HOLE EXPOSING THE FRAMING AS WELL.
NEXT EXHIBIT AND EXHIBIT TWO I SHOWS THE BOTTOM OF THE EXTERIOR WALL IN THE REAR OF THE PROPERTY.
UM, THERE'S ALSO WHERE YOU CAN SEE THE BROKEN, LOOSE AND MISSING EXTERIOR WALL TILES ALSO EXPOSING THE INTEGRITY OF THE STRUCTURE OF THE ELEMENTS.
NEXT EXHIBIT, EXHIBIT TWO J UM, SHOWS THE TILE ON THE EXTERIOR WALL HANGING ABOVE IN DISREPAIR UNDERNEATH THE SOFFIT AREA.
UM, THERE IS LOOSE CABLE WIRES THAT SEEM TO BE CUT AND HANGING.
YOU CAN ALSO SEE THE FACIAL BOARDS HAVE ROTTED AND DETERIORATED AT THE TOP, UH, AS WELL AT ABOVE, AS WELL AS THE SOFFIT IS MISSING AS THE LEFT REAR CORNER OF THE ROOF SYSTEM, UH, WITH SIGNS OF POSSIBLE ANIMAL NESTING HARBORING IN THE REAR OF THE PROPERTY.
AND NEXT EXHIBIT, EXHIBIT TWO K.
UH, IT APPEARS THAT THE REPAIRS, SOME REPAIRS HAVE BEEN MADE TO THE EXPOSED OVERHANG ALONG THE MISSING SOFFIT NEAR THE ROOF SYSTEM AS WELL.
YOU CAN ALSO SEE A BETTER VIEW OF THE HOLE ON THE FACIAL BOARDS, ALSO THE SOFFIT.
AND AGAIN, A CLOSER LOOK AT WHERE THE, THERE COULD POSSIBLY BE THE ANIMAL NESTING NEAR THE SOFA AREA.
AND THERE'S ALSO A BETTER VIEW OF THE HANGING LOOSE CABLE WIRES.
UM, NEXT EXHIBIT TWO L BASICALLY JUST SHOWS THE, UH, REAR OF THE PROPERTY, THE EXTERIOR WALL.
THERE HAS BEEN, UM, TWO PIECES OF PLYWOOD THAT HAS BEEN NAILED TO THE EXTERIOR WALL, AND ALSO YOU CAN SEE THE VEGETATION AND TALL GRASS GROWING IN THE REAR OF THE PROPERTY AS WELL.
THE NOTICE OF VIOLATION FOR THIS PROPERTY WAS SENT ON OCTOBER 12TH, 2022.
THE GREEN CARD, CERTIFIED GREEN CARD WAS UNSIGNED.
I ALSO POSTED THE NOTICE OF VIOLATION ON DECEMBER 13TH, 2022, AND THE BUILDING SANDERS COMMISSION NOTICE APPEARING WAS POSTED ON APRIL 13TH, 2023 AND BEFORE APRIL FOUR, UH, FOURTH APRIL 17TH.
I'M SORRY, I'M A LITTLE NERVOUS.
UM,
UM, ALSO, UM, ON FOUR 17TH, ONE OF THE PROPERTY OWNERS, TOMMY AND AGUL CONTACTED ME AND HE WANTED TO KNOW WHAT HE NEEDED TO DO TO BRING THE PROPERTY BACK INTO COMPLIANCE.
UM, BEFORE THEN, MULTIPLE VI UH, FOLLOW UP INSPECTIONS HAVE BEEN FOUND, UH, THE PROPERTY TO REMAIN IN VIOLATION AND ABANDONED IN THE FRONT DOOR, UNSECURED AND OPEN, AS YOU CAN SEE ON THE, UH, EXHIBITS.
AND, UM, ON APRIL 25TH WAS THE
[00:30:01]
MOST RECENT INSPECTION THAT I DID, AND SOME OF THE VIOLATIONS HAVE BEEN CORRECTED.AND THIS, AND ALSO ONE MORE THING.
THE BUILDING PERMIT 20 17 0 1 5 6 9 8 ALSO SHOWS THAT THE BUILDING PERMIT IS STILL EXPIRED.
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 WITH SUBSTANDARD 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 L.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND FOUR ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
I'LL GO AHEAD AND ADMIT THE EXHIBITS MARKED AS EXHIBIT ONE AND PHOTOGRAPHS MARKED EXHIBITS TWO A THROUGH TWO L.
I ALSO SEE THAT THE OWNERS HAVE SOME EXHIBITS AS WELL, UM, IN A SEPARATE FOLDER.
SO WE'LL GO AHEAD AND ADMIT THE OWNER'S EXHIBITS AS WELL.
SO, UH, CHAIR, IF I HAVE SOME QUESTIONS FOR THE CODE DEPARTMENT, SHOULD I WAIT UNTIL AFTER THE PROPERTY OWNER? UM, YOU KNOW, I THINK IT'S BEST TO WAIT FOR THE OWNER TO SPEAK AND THEN WE CAN THANK YOU.
UM, DO WE HAVE MR. MILLER ON THE LINE OR MR. REGALIAN?
CAN YOU PLEASE LET HIM ON? AND MR. MILLER, PLEASE UNMUTE YOUR MIC.
OH, MR. MILLER, IF YOU CAN HEAR US, UH, PLEASE.
I'VE BEEN TRYING, I'VE BEEN TRYING TO SPEAK, BUT I'VE BEEN UN UNABLE TO GET THROUGH.
SIR, CAN YOU HEAR ME NOW? YES.
UM, IF YOU CAN PROJECT JUST A LITTLE BIT MORE.
UH, I THINK MR. LEE, GILLIAN WAS GOING TO SPEAK FIRST.
HE'S ACTUALLY IN AUSTIN AND HAS THE MOST SIMILARITY WITH THE, THE PROPERTY AND WHAT'S BEEN DONE RECENTLY.
SO I WOULD ASK THAT YOU LET HIM SPEAK FIRST, AND THEN TO THE EXTENT THAT I HAVE SUPPLEMENTAL COMMENTS, UM, THEN I CAN TAKE IT FROM THERE IF THAT'S ACCEPTABLE.
YES, THAT IS, IS HE THERE WITH YOU OR IS HE, UM, LOGGED IN SEVERAL.
I HE WAS WHAT I UNDERSTAND EARLIER.
LET'S CHECK, IS HIS FIRST NAME TOM, CORRECT? YES.
YES, HELLO? YEAH, I APOLOGIZE.
I DIDN'T REALIZE I WAS MUTE, MUTED.
SO, UM, YEAH, CAN YOU HEAR ME? YES, WE CAN HEAR YOU.
AND, UM, YOU ARE GOING TO BE SPEAKING FOR MR. MILLER FIRST, AND THEN HE'S GOING TO GO NEXT.
SO PLEASE BE AWARE THAT YOU HAVE THREE MINUTES.
SO, UH, JUST BRIEFLY, UH, I, I, I DID, UH, SPEAK WITH MS. THOMPSON AND I, UH, WE BASICALLY MADE THE REPAIRS THAT WE COULD MAKE, UH, UH, AS FAR AS, UH, CLEANING UP THE PROPERTY GOES.
BUT I REALIZE THAT, UH, AFTER HEARING THE LIST OF, UH, OF, UH, REPAIRS THAT ARE NEEDED, UH, THERE'S, THERE'S SUBSTANTIALLY MORE.
SO, UH, ANYWAY, THE, THE PROPERTY HAS BEEN CLEANED UP AND, AND SECURED WITH LOCKS, BUT, UH, NONE OF THE, UH, FASCIA AND PLYWOOD, UH, AND THINGS LIKE THAT HAVE BEEN REPAIRED.
SO, UH, THAT, THAT HAS NOT BEEN DONE.
I DON'T KNOW IF YOU GUYS, UH, HAD A CHANCE TO LOOK AT THOSE.
[00:35:01]
UH, THE, THE QUESTION I WOULD HAVE TOO IS, UM, ON THE 45 DAYS TO OBTAIN, OBTAIN A, UH, PERMIT AND THEN, UH, DO THE REPAIRS.IS IT, IS IT 45 DAYS TO OBTAIN THE, UH, AND COMPLETE ALL OF THE REPAIRS IN 45 DAYS? OKAY.
OR IS IT, UM, SO MAYBE YOU CAN KIND OF GIMME THE TIMELINE ON THAT.
THEN IT'S DAY 46, IT'S $250 A WEEK.
WE'LL DEFINITELY ADDRESS THAT.
UM, IS THERE ANYTHING ELSE YOU WOULD LIKE THE COMMISSION TO CONSIDER TODAY? UH, NO, I THINK THAT'S, THAT'S ALL I HAVE.
I DON'T KNOW IF YOU HAVE ANY ADDITION.
UH, I, I THINK THE ONLY THING I WOULD ASK OR RESPECTFULLY REQUEST THE COMMISSION IS, UH, A LITTLE MORE TIME.
I THINK, UM, 45 DAYS IS NOT NECESSARILY UN UNDOABLE, BUT I HAVEN'T, UH, CHECKED WITH, UH, TOM MCGILLION AND JUST, I CHECKED THE MARKET TO SEE THE AVAILABILITY, GET ALL THE REPAIRS DONE IN THAT TIME AND THE PERMIT.
SO IF, UH, I COULD REQUEST THE COURT FOR MAYBE A PERIOD OF 90 DAYS, UH, THAT WOULD BE APPRECIATED IF YOU WERE ABLE TO ACCOMMODATE THAT REQUEST.
UM, THANK YOU FOR KEEPING EVERYTHING BRIEF.
AND WE DO HAVE THE PHOTOGRAPHS AND THE COMMISSIONERS ARE REVIEWING THEM RIGHT NOW.
UM, AND WE APPRECIATE YOU ALREADY TAKING STEPS TO REMEDY THESE THINGS.
UM, COMMISSIONERS, YOU, UM, I THINK COMMISSIONER OTA LUGO HAD SOME QUESTIONS FOR INSPECTOR THOMPSON FIRST.
I, I HAD A, THE, UH, THANK YOU FOR PUTTING THIS TOGETHER.
UM, MS. THOMPSON, INSPECTOR THOMPSON, CAN YOU TELL ME A LITTLE BIT MORE ABOUT, UH, WHERE THE DECISION TO ASSIGN 45 DAYS FOR THE REPAIRS AND THE REPAIR PROCESS CAME FROM? I CAN ANSWER THAT.
THAT'S JUST KIND OF AN, AN AVERAGE TIME THAT WE PUT ON ALL REC, MOST RECOMMENDATIONS FOR, UH, RESIDENTIAL PROPERTIES.
AND THEN THE, THE COMMISSION HAS THE AUTHORITY TO MOVE THAT UP OR DOWN AS YOU SEE FIT MM-HMM.
I WOULD PUT FORWARD THAT BECAUSE OF THE SEASONAL DEMAND THAT WE'RE GONNA BE STARTING TO GO FORWARD AND BECAUSE OF THE EXTENT OF THEIR REPAIRS NEEDED, I WOULD, I WOULD FEEL MUCH MORE COMFORTABLE.
WE GAVE THEM SOMETHING CLOSER TO 90 DAYS FOR THIS REPAIR.
LET ME, I FORGOT TO ADDRESS THE QUESTION THAT WAS POSTED BY MR. IULIAN.
SO YES, THE, UM, THE CODE DEPARTMENT IS ASKING THAT YOU OBTAIN THE PERMITS AND ALSO DO THE REPAIRS WITHIN 45 DAYS OR ELSE THOSE, UM, PENALTIES TO START KICKING IN.
BUT THAT'S WHAT WE ARE CONSIDERING RIGHT NOW.
THE CHAIR, I JUST WANTED TO ADD, THAT BEGINS ON THE 46TH DAY FROM THE DATE THE ORDER IS MAILED.
SO THE ORDER IS MAILED AFTER THE MEETING WITHIN ABOUT 10 DAYS OF THE MEETING, AND THEN FROM THE DATE THE ORDER IS MAILED, THEN THAT'S WHEN THAT 45 DAYS WOULD START OR WHATEVER TIMEFRAME IS IN THE ORDER.
SO IT'S NOT ACTUALLY 45 DAYS FROM TODAY.
AND I THINK YOU CAN HEAR, UM, SO WE'LL GO AHEAD AND DISCUSS, AND THEN MAYBE WE'LL ARRIVE AT A DIFFERENT NUMBER SINCE YOU'RE ASKING FOR MORE TIME.
I, I HAVE A QUESTION FOR, UM, INSPECTOR THOMPSON AND I, I'M LOOKING AT THE VIOLATION REPORT THAT'S AT THE FRONT OF, UH, OF THE DOCUMENT, AND ONE OF THE VIOLATIONS IS A LAND USE VIOLATION.
AND IT SAYS SPECIFICALLY THAT THE OWNER IS TO, UM, EITHER REMOVE THE SHED OR ADJUST THE OVERHANGS TO MEET THE MINIMUM SETBACK REQUIRED BY CODE, WHICH IS SF THREE.
BUT IF THIS BUILDING, IF THIS HOME WAS BUILT IN 1957, IT'S, IT'S HARD FOR ME TO BELIEVE THAT, THAT IT, THAT IT ENCROACHED ON SF THREE BACK THEN.
CAUSE I I DON'T BELIEVE WE WERE USING THAT BACK IN 1957, AND I COULD STAND TO BE CORRECTED.
SO WHY DOES THIS EXISTING STRUCTURE NEED TO BE BROUGHT UP TO CURRENT ZONING WHEN IT WAS ALREADY THERE? THIS, IT'S NOT LIKE THEY'RE COMING IN WITH AN ADDITION OR A NEW, YOU KNOW, TO, TO MEET THE CODE.
IF THEY WERE BUILDING SOMETHING NEW ABSOLUTELY HAS TO BE TO THE CURRENT CODE.
BUT THIS IS A PREEXISTING BUILDING.
WHY ARE WE MAKING THE OWNER REMOVE PART OF THEIR ROUTE SO THAT CAN MEET WHAT CODE IS NOW WHAT THE ZONING IS NOT CODE, SORRY, ZONING.
UM, CAN I SAY SOMETHING THAT'S A LAND USE, UH, VIOLATION AND THAT'S NOT BEING ADDRESSED BY THE COMMISSION TONIGHT.
[00:40:01]
OKAY.SO, BUT WILL THE OWNER BE IN COM? WILL THE FINES KICK IN IF THEY DON'T MEET THIS VIOLATION? NO, NO.
THEY'RE ONLY ADDRESSING THE INTERNATIONAL PROPERTY MAINTENANCE CODE VIOLATIONS, WHICH ARE, IF YOU LOOK ABOVE THAT ON, IN THE NOTICE OF VIOLATION, THERE'S STRUCTURE MAINTENANCE VIOLATIONS.
SO THAT'S WHAT THE ORDER IS THEN JUST THE STRUCTURAL ONES.
THAT'S, UM, UH, JUST TO CLARIFY, THAT'S INSIDE THAT NOTICE THAT WAS MAILED TO THE OWNERS.
SO THE NOTICE THAT MENTIONS LAND USE, WE'RE NOT ADDRESSING THE PART OF THE NOTICE THAT MENTIONS ALL THE OTHER CODE SECTIONS WE'RE NOT ADDRESSING TONIGHT.
UM, ANY OTHER COMMENTS, QUESTIONS, THOUGHTS? NO.
UH, I HAD A QUESTION FOR THE PROPERTY OWNERS, UM, COMMISSION A LUGO, GO AHEAD.
SO I KNOW THAT Y'ALL MENTIONED THAT, UM, YOU'VE DONE SOME REPAIRS AND YOU, UM, THERE'S OBVIOUSLY STILL WORK TO BE DONE.
UH, SPECIFICALLY DO YOU HAVE A, A STRONG PLAN NOW WITH THE INFORMATION THAT YOU HAVE ABOUT HOW AND WHEN YOU'RE GOING TO MAKE THE REPAIRS? UH, AND IS THERE ANYTHING THAT YOU'RE STILL SORT OF UNSURE ABOUT, UH, MR. THIS ISER TOM? OH, YEAH.
CAN YOU HEAR US? YEAH, SO I, I, CAN YOU, CAN YOU GUYS HEAR ME? YES.
SO I, I THINK, UH, YOU KNOW, WE, WE NEED TO GO OVER ALL THE, EACH ONE OF THOSE AND THEN, UH, YEAH, I, I THINK, I THINK WE'RE, WE, WE DEFINITELY MAKE THE REPAIRS FOR SURE.
UM, I, I GUESS THE, THE TIMING OF THE REPAIRS WOULD BE, WOULD BE JUST AS SOON AS POSSIBLE.
BUT YOU, YOU UNDERSTAND WHAT RO REPAIRS NEED TO BE DONE.
IS THAT CORRECT? UH, I, I, I, I DON'T EXACTLY, BUT IF, IF IT'S OUTLINED, I GUESS, UH, WELL, SO I GUESS I WOULD LIKE TO ASK, YOU KNOW, I, THERE WAS QUITE A FEW THINGS MENTIONED IN THERE, AND THEN WE CAN, UH, DO WE MEET WITH MS. THOMPSON TO, TO UNDERSTAND EACH ONE OF THOSE SO WE CAN MAKE SURE WE ARE IN COMPLIANCE
I JUST WANNA MAKE SURE YOU GUYS HAVE ALL THE INFORMATION YOU NEED TO BE ABLE TO GET ON THAT AS SOON AS POSSIBLE.
SO I, I DID HAVE, I DID HAVE ONE QUESTION THAT WAS, UH, A LITTLE, UM, CONFUSING ON THE WHAT'S BEING ADDRESSED AND WHAT'S NOT BEING ADDRESSED AT THE, UM, LAND USE VERSUS, UH, UM, I, I GUESS I, I KNOW THERE WAS A BUILDING, UM, THE, THE, UH, STORAGE SHED WAS, WAS TOO CLOSE TO THE FENCE.
AND, AND, UH, WE HAD THAT MOVED OUT AND I, I, I SENT THAT IN THE PICTURE, BUT I'M, I'M NOT SURE WHAT, UH, YOU WERE, YOU WERE TALKING ABOUT, AND THAT YOU GUYS WEREN'T GONNA ADDRESS THE, UH, LAND USE.
UM, BUT ALL, ALL THE, YOU'RE YOU'RE SAYING ALL THE SOFFIT ISSUES AND ALL THE, SO BASICALLY, UM, SORRY, I'M, I'M TRYING TO GO THROUGH THIS, UH, TWO A THROUGH TWO L EXHIBITS.
THOSE, THOSE ALL NEED TO BE, UH, REPAIRED, CORRECT? UM, LE YES.
WE'RE GOING TO ASK STAFF TO CLARIFY, BUT ARE YOU, DO YOU HAVE ACCESS TO THE REPORT, THE VIOLATION REPORT THAT WAS MAILED OUT TO MR. MILLER? I, I, I DO NOT, BUT I, I, I, I CAN GET ACCESS TO IT AND I UNDERSTAND, I MEAN, MOST OF THIS STUFF'S JUST, OKAY, WE'RE GONNA GET ON AND GET IT WITH REPAIR, BUT I JUST GOT A LITTLE CONFUSED ON THE, UH, THE, WHEN YOU GUYS STARTED TALKING ABOUT THE LAND USE.
THERE ARE SOME PORTIONS THERE THAT ARE, ARE WRITTEN AND READ.
I BELIEVE THAT THOSE ARE THE RECOMMENDED RESOLUTIONS, BUT I'LL LET STAFF ADDRESS, UM, WHETHER THOSE PICTURES THAT WERE SHOWN TONIGHT ON THE EXHIBITS WILL BE HELPFUL TO YOU IN FIGURING OUT WHAT TO FIX IN ADDITION TO LOOKING AT THE VIOLATION REPORT.
I WAS JUST GONNA ADD, UH, CHAIR THE, UM, THE VIOLATIONS ARE ALL LISTED IN THE ORDER AS WELL.
BUT, UM, I UNDERSTAND WHAT HE'S SAYING IS, UM, THAT THEY ARE IN THE ORDER.
UM, THEY CAN BE INCLUDED IN THE ORDER.
SO YOU WILL SEE THEM IN THE ORDER AS WELL.
CAN YOU ADDRESS THE PART IN THE PICTURES? BECAUSE SOME THINGS HAVE ALREADY BEEN FIXED SINCE THOSE PICTURES WERE TAKEN.
IF, IF THERE ARE ANY VIOLATIONS THAT HAVE BEEN REPAIRED, THOSE HAVE BEEN, THEY'LL BE CLEARED AND I'LL BE, I WON'T INCLUDE THOSE IN THE ORDER, JUST THE THINGS THAT ARE STILL ACTIVE VIOLATIONS.
SO, SO THE ORDER WILL BE REAL CLEAR ON WHAT NEEDS TO BE REPAIRED, CORRECT? YES.
IT, THE ONLY THING THAT WON'T BE INCLUDED IS THAT LAND USE VIOLATION.
THAT'S NOT PART OF THE BSE ORDER.
UM, I DON'T THINK WE HAVE ANY, LIKE, ANY MORE QUESTIONS.
UM, THE ONLY THING I WASN'T CLEAR ON THERE WAS AN EXPIRED PERMIT, UH, FOUND.
[00:45:01]
YES.UM, AND TYPICALLY, CAN SOMEBODY, UM, REINVOKE OR REVIVE A PERMIT THAT'S EXPIRED, OR DO THEY HAVE TO SETTLE ALL OVER AGAIN? DO YOU KNOW? UH, FROM MY KNOWLEDGE, UM, YOU CAN REACTIVATE AN EXPIRED PERMIT WITH DEVELOPMENT SERVICES DEPARTMENT.
UM, COMMISSIONERS, DO WE WANT TO CLOSE THE PUBLIC PART OF THE HEARING OR ENTERTAIN ANY MOTIONS, THINGS LIKE THAT? I MOVE, WE CLOSE THE PUBLIC PART OF THE HEARING.
WE HAVE VICE, JEFF, I'M MOVING TO CLOSE THE PUBLIC PART OF THE HEARING, AND WE HAVE A SECOND BY COMMISSIONER BENIGNO.
DO WE HAVE ANYBODY OBJECTING TO CLOSING THE PUBLIC PART OF THE HEARING? ALL RIGHT, SO THAT'S BEEN CLOSE, AND NOW WE CAN DISCUSS OR VOTE ON A MOTION IF WE HAVE ONE.
UM, I, I, YOU KNOW, WE SEE A LOT OF CASES HERE AND WE SEE SOME, UH, THIS IS CERTAINLY A CASE THAT PROBABLY HAS, THE HOUSE SEEMS TO BE IN, IN LESS DISREPAIR THAN, THAN OUR USUAL.
UH, THE OWNERS SEEM TO BE, UH, PROACTIVE, UH, IN ADDRESSING WHAT NEEDS TO BE DONE.
SO I WOULD BE INCLINED TO, TO ENTERTAIN THEIR REQUEST TO GIVE THEM 90 DAYS INSTEAD OF 45.
I THINK THEY'VE BEEN PROACTIVE, BUT I, I THINK THE SEASONAL DEMAND COMING TO REMEMBER TO IDENTIFY YOURSELF.
LAWYERS, SORRY, THIS IS COMMISSIONER OLUGO.
WE HAVE COUNCIL, I THINK I KNOW WHAT COUNSEL IS GOING TO TELL ME.
SO YOU HAVE TO, UM, WAIT TO BE ACKNOWLEDGED, THEN YOU CAN SPEAK.
YES, I THANK THEM FOR BEING PROACTIVE, BUT I THINK WITH THE SEASONAL DEMAND THAT WE'RE GONNA BE COMING INTO THE HUM, THE SUMMER OF AUSTIN, UH, HOUSING MARKET, I THINK 90 DAYS, I THINK 45 IS A, IS A BIT OF A HAIRCUT FOR, FOR THIS KIND OF PROJECT.
AND, UM, THOSE WERE MY THOUGHTS AS WELL.
UM, BECAUSE THE OWNERS, THEY'VE MOVED PRETTY FAST COMPARED TO WHAT, UM, WHERE USED TO TYPICALLY.
AND UM, YEAH, THE CASE HAS BEEN PENDING FOR A FEW MONTHS, BUT WE KNOW EVERYTHING HAS BEEN A LITTLE BIT UPSIDE DOWN IN THE ECONOMY AND EVERYTHING.
SO, SO FAR I'M COMFORTABLE ALSO TRYING TO GIVE THEM THE MOST AMOUNT OF TIME.
MANAGER, ROBERT MOORE, DIVISION MANAGER DEVELOPMENT SERVICES.
UM, I'M HEARING WORDS LIKE PROACTIVE.
UH, YOU KNOW, HE GOT THE NOTICE IN OCTOBER, SO IT'S BEEN SOME TIME.
UM, THEY DIDN'T, THEY'VE MOVED A LITTLE BIT, I THINK MAINLY CUZ THE, UM, YOU KNOW, THE NOTICE OF HEARING TO COME BEFORE YOU GUYS.
UM, BUT I JUST WANNA ALSO REMIND THE COMMISSIONERS, UH, WHEN YOU'RE THINKING ABOUT TIMEFRAMES, YOU KNOW, THEY GET, SINCE THIS IS A RESIDENTIAL HOUSE, THEY GET TO OFFSET THE PENALTIES.
SO LET'S JUST SAY THEY SPENT $2,500 IN REPAIRS, WHICH THAT PROBABLY COULD GET THERE.
UM, YOU KNOW, $250 A WEEK THAT'S BUYING 'EM 10 MORE WEEKS, 70 DAYS.
SO JUST, YOU KNOW, KEEP THAT IN MIND WHEN Y'ALL ARE THINKING ABOUT IT.
UM, ANY OTHER COMMENTS? ANY, ANY MOTIONS? I AM MOTION TO, UM, SOMEBODY ELSE DO THAT 90 DAYS.
YOU DON'T HAVE THE PAPER, THE CHEAT SHEET.
OH, I, OH WAIT, DO YOU NEED TO ACKNOWLEDGE ME FIRST FOR THIS? I'M SORRY.
DO YOU NEED TO ACKNOWLEDGE ME FIRST FOR THIS? DO I NEED TECHNOLOGY? TECHNOLOGY? OH, YES, YES, YES, YES, YES.
UH, COMMISSION EL SAL LUGO, UH, I MOVED TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACTS I, CONCLUSIONS OF LAW AND RECOMMENDED ORDER EXCEPT FOR THE, UM, TIMELINE FOR THE DAYS TO HAVE UNTIL, UH, FOR REPAIR FROM 40 AND, AND REPLACE THAT WITH 90 DAYS INSTEAD OF 45.
UM, ANY THOUGHTS OR AMENDMENTS? FRIENDLY AMENDMENTS, OR ANY SECOND? I'LL SECOND IT.
WE HAVE A SECOND BY VICE CHAIR FER.
UM, I'M GOING TO HAVE US VOTE ON IT UNLESS ANYBODY HAS ADDITIONAL COMMENTS OR THOUGHTS? NO.
SO WE'LL START WITH COMMISSIONER FREIBERGER.
AND COMMISSIONER THOMPSON? I VOTE NEGATIVE.
UM, AND COMMISSIONER OLUGO? I'M FOUR AND VICE JEFF
[00:50:02]
FOUR.AND I ALSO, UM, IN FAVOR AND COMMISSION EK, I VOTE IN FAVOR.
AND COMMISSIONER BENIGNO? I'M IN FAVOR.
UH, CAN YOU UNMUTE PLEASE? I'M SORRY I'M NOT MUTED.
UM, ALL RIGHT, WE'LL START OVER.
WHAT DO WE HAVE, UM, FOR THE PEOPLE THAT WERE AGAINST, COULD YOU TELL US IF IT WOULD HELP IF WE HAD ANY SORT OF AMENDMENT OTHER THAN JUST LIVING IT AS 45 DAYS? CHAIR? YES.
THE ONLY REASON I I WAS OPPOSED WAS JUST I THOUGHT THE 45 DAYS.
WHILE IT IS TIGHT, I DO AGREE THAT PENALTIES CAN BE OFFSET AND JUST WANTING TO KEEP THAT, KEEPING THE OWNER'S ATTENTION ON THIS PROBLEM TOO, SO THAT THEY GET IT FIXED.
UM, INSIGHT AND WE HAVE, YEAH.
I THINK, UM, COMMISSIONER FRYBERGER CAN RESPOND TO THAT.
NO, SO WHAT I WANTED TO EXPLAIN IS THAT, UM, ON A SINGLE FAMILY PROPERTY AND DIVISION MANAGER MOORE, PLEASE CORRECT ME IF I GET THIS WRONG, BUT ON A SINGLE FAMILY RESIDENCE, IF, IF FINES ARE ACCRUING AND THEN YOU ACTUALLY MAKE THE REPAIRS, ONCE YOU HAVE COMPLETED THOSE REPAIRS AND YOU CLOSE OUT THE CASE, ANY MONEY YOU HAVE SPENT ON THOSE REPAIRS CAN BE USED TO OFFSET THOSE FINES.
SO USUALLY BY THE TIME YOU'RE MAKING ANY REPAIRS ON A HOUSE, YOU, YOU'RE GOING TO MORE THAN EXCEED THE AMOUNT OF THOSE FINES.
SO IF THEY SPEND $5,000 MAKING REPAIRS, AS LONG AS THEY KEEP THE RECEIPTS DOCUMENTED, THEY CAN COME BACK.
THEY'RE, THEY DON'T OWE ANY FINES.
THANK YOU FOR CLARIFYING THAT.
UM, SO DIVISION MANAGER MOORE, DID YOU WANNA ADD ANYTHING ELSE? NO, I MEAN, SHE PRETTY MUCH HIT IT ON THE HEAD.
THAT'S SO, I MEAN, IF YOU'RE LOOKING AT 90 DAYS, IT'S GONNA BE 10 BEFORE WE CAN MAIL IT OUT.
THAT'S A HUNDRED, YOU KNOW, JUST $2,500 SPENT GETS 'EM ANOTHER 70 DAYS FOR FREE.
SO WE'RE ALREADY AT 170 DAYS SEE WHERE I'M GOING AT.
SO IT'S JUST THAT'S, I'M JUST SAYING KEEP THAT IN MIND.
SO ESSENTIALLY, UM, IF THEIR IN TRUE INTENTION IS TO GET THESE THINGS REPAIRED, THEN IT SHOULDN'T BE AN ISSUE.
JUST A FOLLOW UP QUESTION, JUST SO I UNDER, UH, COMMISSIONER FRI, I MEAN
JUST SO I UNDERSTAND THE PROCESS WHEN THEY COME WITH THE RECEIPTS, IT CAN BE OFFSET, BUT IT'S NOT GUARANTEED.
DID EVERYBODY HEAR THAT? OKAY.
SO DO WE WANT TO TRY AGAIN AT A MOTION COMMISSION ELLI? WELL, WITH THE NEW INFORMATION THAT WE'VE JUST LEARNED, I'D LIKE TO GO AHEAD AND, UM, RECOMMEND THAT WE, THAT WE ACCEPT THE ORDER AS DRAFTED WITH THE 45 DAYS.
AND I DID THAT WITHOUT A CHEAT SHEET.
WE HAVE, UH, COMMISSION ELLI, UH, MAKING A MOTION TO ADOPT THE RECOMMENDED ORDER OF STAFF.
AND WE ALSO HAVE A SECOND BY COMMISSIONER THOMPSON.
ANY COMMENTS OR SHOULD I CALL THE VOTE? ALL RIGHT, WE'LL START.
COMMISSIONER FRYBERGER, I'M IN TAKER.
COMMISSIONER BENIGNO IN FAVOR, COMMISSION ISAD VOTE.
I THINK, UH, WE DO HAVE IT SORTED OUT.
UH, MR. MILLER AND MR. AIAN, DID YOU, YOU HEAR EVERYTHING THAT JUST TOOK PLACE?
[00:55:03]
UH, YES.SO YOU WILL BE RECEIVING A COPY OF THE ORDER IN THE MAIL AND THEN THE CLOCK DOESN'T START UNTIL THEN, THANK YOU FOR COMING TONIGHT AND WE APPRECIATE YOU TAKING CARE OF THIS.
THANK YOU FOR, UH, LISTENING TO OUR DISCUSSION OR LETTING US PARTICIPATE IN THIS PROCESS.
AND, UH, I'M CERTAIN THIS'LL BE THE END OF IT GOING FORWARD, SO, ALL RIGHT.
UH, AGAIN, APPRECIATE Y'ALL'S TIME AND THANK YOU.
WE CAN GO ON TO THE NEXT, UM, WOULD YOU PREFER TO HEAR THE RETURNING CASE OR GO BACK TO THE NEW CASE THAT WE SKIPPED? WELL, WE STILL DON'T HAVE ANYBODY HERE FOR AGENDA ITEM FOUR, RIGHT? NO, WE DO NOT.
[4. Case Number: CL 2023-040110]
JUST DO THAT CUZ THIS SHOULD BE QUICK.UM, ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER C L 20 23 0 4 110 AND RE AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 12 7 15 MAGNOLIA MOUND.
TRAIL STAFF EXHIBITS CAN BE FOUND IN THE MAGENTA BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS HOMESTEADED AND CURRENTLY UNOCCUPIED.
THE CASE WAS OPENED IN SEPTEMBER, 2022 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY AND THE CODE DEPART AND DEVELOPMENTAL SERVICES DEPARTMENT HAS NOT ESTABLISHED COMMUNICATION WITH THE OWNER.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READERS, 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, 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 L.
AND LASTLY, CODES RECOMMENDED ORDER.
INSPECTOR LAUREN TAGGART IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR TAGGART, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING COMMISSIONERS AND CHAIR.
I'M THE CODE ENFORCEMENT OFFICER FOR THE NORTH DISTRICT THAT HAS BEEN HANDLING THE CASE FOR 1 27 15 MAGNOLIA MOUND.
I WOULD LIKE TO START BY INFORMING YOU THAT ONE OF THE OWNERS THAT IS LISTED ON THE TRAVIS COUNTY APPRAISAL DISTRICT HAS BEEN CONFIRMED DECEASED.
WE DO HAVE THE OBITUARY OF RECORD AND THAT INFORMATION IF IT IS NEEDED.
I HAVE ALSO TRIED TO CONTACT THE OWNER SEVERAL TIMES WITH NO RESPONSE FROM THE OWNER OR FROM ANYONE WHO IS INTERESTED IN THIS PROPERTY.
ON JUNE 8TH, 2022, I RECEIVED THIS CASE THROUGH THE AUSTIN THREE 11.
I RESPONDED TO THE CALL TO THIS LOCATION FOR AN ABANDONED UNOCCUPIED RESIDENTIAL PROPERTY WITH TRASH, DEBRIS, HIGH GRASS WEEDS, AS WELL AS STRUCTURE VIOLATIONS.
AT THE TIME OF MY ARRIVAL TO THIS PROPERTY, I OBSERVED A TWO-STORY UNOCCUPIED RESIDENTIAL STRUCTURE WITH TALL GRASS AND WEEDS, TRASH DEBRIS ALONG WITH AIR TANKS, DOOR BUCKET AND LARGE LOCKER CABINETS STORED IN THE DRIVEWAY AS WELL AS AN INOPERABLE BLACK VEHICLE.
I FOUND DAMAGE TO INCLUDE BROKEN WINDOWS AND PANELS TO THE GARAGE DOOR.
THERE'S DAMAGE TO THE EXTERIOR SIDING IN THE FRONT AND SIDE AREAS OF THE STRUCTURE.
I OBSERVED HOLES IN THE SIDING IN THE CORNER AREA NEAR THE EAVES WHERE RODENTS WERE GAINING ACCESS INTO THE INTERIOR STRUCTURE SPACE.
TODAY OE PRESENTING PHOTOS MARKED TWO A THROUGH TWO L DEPICTING THE CURRENT CONDITIONS OF THE PROPERTY AND STRUCTURE TWO A IS SHOWING A CONJUNCTIONAL PHOTO SHOWING THE TWO-STORY UNOCCUPIED STRUCTURE WITH BROKEN WINDOW AND PANELS IN THE GARAGE DOOR.
THERE ARE ITEMS THAT ARE BEING STORED IN THE DRIVEWAY THAT HAVE NOT MOVED SINCE THIS CASE HAS BEEN OPENED.
YOU CAN ALSO SEE THERE'S A BLACK VEHICLE THAT HAS BEEN PARKED SLASH STORED IN THE DRIVEWAY SINCE THE BEGINNING OF THIS CASE.
I HAVE REFERRED THE STORAGE AND INOPERABLE VEHICLE TO THE AUSTIN POLICE DEPARTMENT.
I'M NOT SURE WHAT THE STATUS IS OF THEIR INVESTIGATION WITH THIS VEHICLE IS AT THIS TIME.
YOU CAN SEE THE DAMAGE AND AND DETERIORATION TO THE SIDING UNDER THE WINDOW IN THE FRONT OF THE STRUCTURE, AS WELL AS THE SIDING ON THE SECOND FLOOR BETWEEN THE TWO WINDOWS LOCATED ABOVE THE GARAGE DOOR.
PHOTO B TWO B PHOTO SHOWS THE FRONT YARD OVERGROWN GRASS WEEDS AS WELL AS VEGETATION.
I HAVE SEEN ON OCCASION NEIGHBORS HAVE MOWED THE FRONT AND SIDE YARD IN ORDER TO KEEP THE RODENT POPULATION AND MOSQUITOES FROM TAKING OVER AND HAVING
[01:00:02]
AND HAVING, UH, CONVER AFTER HAVING CONVERSATIONS WITH THE NEIGHBORS DURING MY MANY VISITS TO THIS PROPERTY, TWO C SHOWS SOME SIDING THAT IS MISSING AS WELL AS DETERIORATION ON THE SECOND FLOOR BETWEEN THE TWO WINDOWS ABOVE THE GARAGE.YOU CAN ALSO SEE THE ITEMS THAT ARE BEING STORED IN THE DRIVEWAY THAT ARE HOLDING WATER AND CAUSING A HEALTH HAZARD WITH MOSQUITO BREEDING STANDING WATER DURING THE SUMMER MONTHS AS WELL AS RODENT HARBOR.
YOU CAN ALSO SEE ALL THE BRUSH AND LEAVES THAT HAVE PILED UP IN THE DRIVEWAY.
TWO D IS SHOWING THE CLOSER VIEW OF THE DETERIORATION OF SIDING ON THE SECOND STORY AREA ABOVE THE GARAGE DOOR.
TWO E AND TWO F IS SHOWING THE DETERIORATION OF THE SIDING AS WELL AS THE TRIM ON THE LEFT SIDE OF THE STRUCTURE.
TWO G AND TWO H IS SHOWING THAT THERE IS NO UTILITIES INCLUDING GAS AT THIS PROPERTY.
YOU CAN SEE FURTHER DETERIORATION TO THE SIDING ON THE SIDE OF THE STRUCTURE NEAR THE REAR, NEAR THE REAR PORTION OF THE STRUCTURE.
TWO I IS SHOWING THE OTHER SIDE OF THE STRUCTURE WHERE YOU CAN SEE FURTHER DETERIORATION OF SIDING WITH A LARGE HOLE AT THE TOP.
ON THE SECOND STORY NEAR THE EVE AREA WHERE RODENTS ARE ENTERING THE STRUCTURE, YOU CAN ALSO SEE A BETTER ANGLE OF THE DAMAGE AREA UNDER THE WINDOW IN THE FRONT SHOWING THE LARGE GAP OF DETERIORATION OF SIDING.
YOU CAN SEE SOME MORE OF THE BRUSH THAT IS PILED UP IN THE FRONT YARD AREA TWO J SHOWING THE RODENT THAT WAS ATTEMPTING TO ENTER THE STRUCTURE.
DURING MY VISIT AT THIS LOCATION, THE SQUIRREL THAT YOU CAN SEE THERE, TWO K IS SHOWING THE SAME HOLE AT A BETTER ANGLE OF THE LARGE HOLE THAT IS LOCATED NEAR THE EVE WHERE THE ANIMALS ARE GAINING.
ENTRY TWO L IS SHOWING A CONTEXTUAL PHOTO OF THE REAR STRUCTURE FROM THE NEIGHBOR'S PROPERTY THAT I HAVE NOT BEEN ABLE TO ACCESS TO OBTAIN UPDATED PHOTOS OF THE REAR OF THE STRUCTURE.
THIS CONCLUDES MY PRESENTATION AND I'M HAPPY TO TAKE ANY QUESTIONS THAT YOU MAY HAVE FOR ME AT THIS TIME.
CAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO L.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM DEVELOPMENTAL SERVICES TO VERIFY COMPLIANCE.
AND FOUR ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $350 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID HIM FULL.
UM, JUST TO BE SURE, DO WE HAVE ANYBODY BY THE NAME WILSON CULVER? OKAY.
I THINK WE CAN GO AHEAD AND SEE IF THE COMMISSIONERS HAVE ANY QUESTIONS.
UM, THE ONLY QUESTION THAT I DO HAVE TO INSPECTOR TAGGART IS WHICH OWNER DID YOU FIND OUT WAS DECEASED? JOHN CULVER.
AND NOBODY HAS TRIED TO REACH OUT TO YOU AT ALL? UH, NANCY WILSON, WHICH IS ONE OF THE PEOPLE'S NAMES THAT CAME UP DURING MY INVESTIGATION, UH, REACHED OUT TO HER BY AFTER REACHING INFORMATION CONTACT FROM THE NEIGHBOR.
UM, BUT NO, SHE HAS NOT REACHED OUT TO ME AND I HAVE NOT RECEIVED ANY OTHER COMMUNICATIONS FROM ANYBODY TIED TO THIS PROPERTY.
UM, AND ONE LAST QUESTION CUZ I SAW THAT THERE WERE, UM, THE RECYCLE BINS OUTSIDE ANY TIME THE LAST TIME YOU WERE THERE, DID IT LOOK LIKE SOMEBODY ELSE HAD BEEN THERE TO MOVE THINGS AROUND AT ALL? NO.
AND I DO NOT KNOW WHAT THE STATUS OF THE AUSTIN RESOURCE RECOVERY BILL OR ACTIVITY IS FOR THAT LOCATION.
UM, COMMISSIONER BENIGNO, I HAVE A QUESTION.
I GUESS JUST SINCE THAT WE JUST REVIEWED THE LAST CASE.
IS THERE A REASON IT'S THREE 50 INSTEAD OF TWO 50? I'M JUST CURIOUS ABOUT THE CONVENTIONS THERE.
OH, THIS IS A HOMESTEADED PROPERTY.
SO FOR HOMESTEADED PROPERTIES WE HAVE A, WE CALCULATE THE PENALTIES AT $10 A DAY PER VIOLATION.
[01:05:01]
THERE ARE FIVE VIOLATIONS.IT'S, UH, $50 A WEEK AND THEN TIMES FOUR, THAT'S $350 A MONTH.
SO THAT'S HOW THE PENALTIES ARE CALCULATED.
DOESN'T LOOK LIKE WE HAVE ANY OH, COMMISSION ELLI.
SO WHAT HAPPENS IF WE GET NO INFORMATION OR ANY FEEDBACK FROM THE OWNERS IN 45 DAYS? WE DEMOLISH THE PROPERTY REPAIR.
UM, THIS IS A REPAIR, THIS IS THE RECOMMENDATION IS FOR REPAIR.
SO THEN IT WOULD COME BACK AGAIN.
THEN AS A DEMOLISH IT WOULD OKAY.
FOR DEMOLITION IF NO ONE REPAIRS IT, IF, IF SOMEONE DOESN'T STEP UP AND REPAIR IT, I GUESS OVER TIME IT