[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.
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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 COULD GET REFERRED TO.
I'LL, I'LL LET, I'LL LET, UH, DIVISION MANAGER MORE ANSWER THAT.
BUT I THINK, YEAH, I, LOOKING AT IT, I MEAN, WE'D HAVE TO MAKE THAT ASSESSMENT, BUT IT WOULD TAKE PROBABLY YEARS AND YEARS AND YEARS BEFORE WE'D COME BACK FOR A DEMO ON THIS.
I MEAN, IT'S, YEAH, WE'RE JUST LOOKING FOR REPAIR.
WHAT, UH, MEANS COMMISSION LUGO? YES.
WHAT MEANS DO WE USE TO TRY TO REACH OUT OR COMMUNICATE WITH THE POTENTIAL PROPERTY OWNERS? UM, BY STATE LAW AND CITY ORDINANCE AND OUR STANDARD OPERATING PROCEDURES, WE SEND OUT A TWO FORMS OF NOTICE OF VIOLATION.
ONE MAILED AND ONE CERTIFIED MAILED.
UM, AND WE ALSO POST THE PROPERTY WITH THE SAME NOTICE THAT WAS MAILED OUT TO THE OWNERS AND ALL INTERESTED PARTIES OF THE PROPERTY.
SO IS IT POSSIBLE TO, I MEAN, WHAT IF NOBODY'S CHECKING THAT MAILBOX? THAT'S OUR PROCESS.
SO, SO WE DON'T REACH OUT, IT'S THEIR PROPERTY.
YEAH, IT'S SO WE DON'T REACH OUT VIA, UH, EMAIL OR PHONE OR ANY OF THE DIGITAL VERSION? NO, SIR.
NOT UNLESS WE'RE SUPPLIED WITH THAT.
AND IF WE ARE, THEN WE WILL REACH OUT AND DO ANY MEANS OF COMMUNICATION IN WHICH WE RECEIVED BY THE OWNER ANY INTERESTED PARTY IN WHICH I HAD A NUMBER AND I DID REACH OUT AND I DID NOT GET ANY CORRESPONDENCE.
SO YOU DID REACH OUT VIA EMAIL? UH, BY A TELEPHONE NUMBER.
I HAVE, UM, YEAH, GIVE SOME MONEY MORE.
GO AHEAD, ADD TO THAT REAL QUICK.
WE ALSO GO ABOVE AND BEYOND STATE LAW, AND WE DO TITLE SEARCHES YES.
JUST A QUICK QUESTION REALLY, JUST OUT OF CURIOSITY, DO I SEE THE VALUATION? DO WE KNOW, AS PART OF THE PROCESS, DO WE CHECK TO SEE IF THE PROPERTY TAXES ARE BEING PAID? DO WE KNOW? I MEAN, IS SOMEBODY DOING THAT? WE DO CHECK THAT.
SOMETIMES IT'S, IT'S NOT ALWAYS CHECKED, BUT SOMETIMES IT IS.
IF WE THINK THAT THERE'S, UH, I'M NOT SURE IF IT WAS IN THIS CASE OR NOT.
UH, IF WE KNOW THAT THERE'S AN OWNER THAT WE WILL GO ABOVE AND BEYOND AND DO SEARCHES ON THE INTERNET, TRY TO FIND DECEASED OWNERS SURE.
AND SEE IF THERE ARE ANY FAMILY MEMBERS, BECAUSE WE DO TRY TO DO OUR DUE DUE DILIGENCE TO FIND AN OWNER IF WE DON'T HAVE ONE.
WELL, AGAIN, IT WOULD SEEM SOMEONE'S PAYING PROPERTY TAXES, AND THAT WOULD DEMONSTRATE SOME LEVEL OF INTEREST THAT SOMEBODY WOULD HAVE.
I WANT TO ADD, TOO, THAT WE DID HEAR FROM THE BANK, THE BANK ALSO CONTACT, WE ALSO IDENTIFIED LENDERS.
UM, SO IF ANYONE IS IDENTIFIED IN THE TITLE SEARCH, WE CONTACT THOSE PEOPLE AS WELL.
AND WE DID HEAR BACK FROM THE BANK AND THEY IDENTIFIED ANOTHER ADDRESS.
SO WE WILL CONTACT THAT, YOU KNOW, WE'LL REACH OUT AND TRY TO, WHEN WE SEND THE ORDERS OUT, WE'LL SEND IT TO THIS ADDRESS THAT THE BANK PROVIDED US WITH.
UM, I THINK, UM, I'M SATISFIED THAT, YOU KNOW, CODE DEPARTMENT HAS TRIED TO REACH OUT TO THE OWNERS AND DONE THEIR DUE DILIGENCE ON THAT.
AND, YOU KNOW, CODE DEPARTMENT DOES HAVE AN INCENTIVE TO MAKE SURE THAT, UH, YOU KNOW, SOMEBODY RESPONDS.
NOW WE DO KNOW ONE OF THE OWNERS IS DECEASED, BUT THERE IS ANOTHER OWNER ON THERE.
UM, AND THAT PERSON COULD HAVE COME FORWARD BY NOW.
SO I'M COMFORTABLE MOVING FORWARD WITH, UM, YOU KNOW, ADOPTING THE FINDINGS OF FACT AND THE CONCLUSIONS AS WELL AS, UM, ADOPTING THIS PROPOSED ORDER.
AND HOPEFULLY SOMEBODY DOES RESPOND SOON.
UM, COMMISSIONER FREIBERGER? YES.
MY O MY ONLY THOUGHT, UM, WAS JUST, I UNDERSTAND WHERE THE FINE AMOUNT, THE PROPOSED FINE AMOUNT COMES FROM, BUT, UM, IT, IT DOES SEEM LIKE THAT COULD BE A LITTLE BIT LOWER.
THAT'S, THAT'S MY ONLY THOUGHT I WOULD ACTUALLY PROPOSE TWO 50 A WEEK, BUT THAT'S, THAT'S ALL.
[01:10:01]
ALL RIGHT.UM, WOULD YOU LIKE TO PUT THAT IN THE FORM OF A MOTION AND TEST IT OUT? WELL, SINCE NO ONE'S THROWING THINGS AT ME, THEN ABSOLUTELY.
SO I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS, IN FACT AND CONCLUSIONS OF LAW AND THE RECOMMENDED ORDER, EXCEPT THAT I WOULD LIKE TO MODIFY THE CIVIL PENALTY TO FROM $350 PER WEEK TO $250 PER WEEK.
AND WE HAVE A SECOND FROM COMMISSIONER UCA.
NOW, IF WE, ANY AMENDMENTS TO THAT OR SUGGESTIONS? AND WE'LL GO AHEAD AND START THE VOTE WITH COMMISSIONER FREIBERGER.
COMMISSIONER THOMPSON FAVOR, UH, COMMISSION OLUGO FAVOR AND VICE JEFF FERRERA IN FAVOR? I'M ALSO IN FAVOR.
UM, THAT ORDER IS APPROVED AND I HOPE THAT THE OWNERS DO STEP FORWARD SOON SO YOU DON'T HAVE TO COME BACK AND STAFF DOESN'T HAVE TO SPEND MUCH MORE TIME ON THIS ONE.
[6. Case Number: CL 2019-051029]
IS A RETURNING CASE REGARDING A COMMERCIAL FIRE DAMAGE PROPERTY LOCATED AT 5 0 3 WEST 14TH STREET.THE CASE IS TWO CL 2019 0 5 1 0 29.
STAFF EXHIBITS CAN BE FOUND IN THE DARK BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THE CASE IS ABOUT AN UNOCCUPIED FIRE DAMAGE COMMERCIAL STRUCTURE PREVIOUSLY USED AS A LAW OFFICE.
THE CASE WAS HEARD IN FEBRUARY, 2020 AT WHICH TIME AN ORDER WAS ISSUED FOR REPAIR WITHIN 90 DAYS, WITH A PENALTY OF $400 PER WEEK ON THE 91ST DAY.
IF COMPLIANCE WAS NOT ACHIEVED, PENALTIES TO DATE TOTALED $60,400 AND ARE STILL ACCRUING DUE TO NON-COMPLIANCE WITH THE CURRENT REPAIR ORDER AND ONGOING SUBSTANDARD AND UNSAFE CONDITIONS.
WE ARE BRINGING THIS CASE BACK BEFORE THE COMMISSION WITH A RECOMMENDATION OF DEMOLITION IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO A THROUGH TWO I, WHICH WERE PREVIOUSLY ADMITTED.
EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND POSTINGS, COPIES OF THE EXISTING BSC ORDERS ISSUED AT THE FEBRUARY 26TH, 2020 MEETING, AND A PENALTY STATEMENT GOOD THROUGH TODAY'S DATE.
EXHIBIT FOUR A THROUGH FOUR J EXISTS OF CODE CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR FAIR PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FAIR PRESLEY, AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE AUSTIN CODE DEPARTMENT.
A PREVIOUS REPAIR ORDER WAS ISSUED IN FEBRUARY, 2020 OF THIS PROPERTY AT THE BUILDING AND STANDARDS COMMISSION MEETING, WHICH HAS BEEN GONE ONGOING SINCE APRIL OF 2019.
THE ZONING FOR THIS PROPERTY ALLOWS 59% OFFICE SPACE AND 41% SINGLE FAMILY RESIDENT LEAVING SPACE.
SINCE THE BSE ORDER WAS ISSUED, THIS PROPERTY HAS BEEN VACANT AND HAS EXPERIENCED SERIOUS NEGLECTING DETERIORATION, WHICH I BELIEVE NOW CALLS FOR THE DEMOLITION.
DEMOLITION OF THE STRUCTURE DURING MULTIPLE SIDE INSPECTIONS, I HAVE SERVED THE FOLLOWING STRUCTURE, ISSUES THAT PROGRESS OVER THE LAST THREE YEARS.
THE ROOF ON THE BACK, RIGHT SIDE OF THE STRUCTURE HAS A HOLE AND IS LEANING AND IS WARPED, AND THE FIRE DAMAGE INTERIOR HAS NOT BEEN REPAIRED.
THE OWNER COVERED THE HOLE WITH A TARP, HOWEVER THE HOLE REMAINS.
TWO WEEKS AGO WHEN THE PROPERTY WAS POSTED WITH THE BSE NOTICE OF HEARING, THE OWNER BEGAN WORKING ON THE STRUCTURE, INCLUDING THE FOUNDATION.
THE ROOF HAS HAD HALF THE DECKING AND RAPTORS REMOVED IN THE REAR, ALL WORK BEING PERFORMED AS UNPERMITTED AS CONFIRMED BY AMANDA AND A COMMERCIAL BUILDING INSPECTION SUPERVISOR WITH THE CITY OF AUSTIN PERMITTING DEPARTMENT.
THERE ARE PREVIOUS PERMITS THAT WERE OBTAINED FOR A SIX PLEX TO BE CONSTRUCTED ON THE CURRENT BUILDING FOOTPRINT.
HOWEVER, THE SCOPE OF WORK BEING PERFORMED IS NOT WITHIN THE PERMIT FOR CONSTRUCTION OF THIS SIX PLEX.
I WILL TAKE YOU TO THE PHOTOS MARKED A FOUR A THROUGH FOUR J FOUR A IS CONTEXTUAL PICTURE OF THE PROPERTY.
NEXT PHOTO FOUR B SHOWS A VIEW OF THE BACK OF THE STRUCTURE ROOF AND BURNED OUT BACKROOM.
FOUR C SHOWS A CLOSER UP VIEW OF THE BURNED AREA OF THE STRUCTURE.
THIS HAS BEEN THIS WAY FOR OVER THREE YEARS.
[01:15:01]
EXTENT OF THE DAMAGE FROM THE FIRE.A TARP AND BOARDED UP WINDOW WAS THE ONLY REPAIR DONE ON THE STRUCTURE FOUR E.
THIS SHOWS THE RIGHT SIDE OF THE STRUCTURE OF THE ELECTRICAL METER AND THE SIDE OF THE STRUCTURE THAT IS FAILING DUE TO BEING EXPOSED TO THE ELEMENTS OF NATURE.
FOUR F SHOWS A FURTHER AWAY VIEW OF THE RIGHT SIDE OF THE STRUCTURE.
THE FASCIA BOARD AND ROOF DECKING IS FALLING NEAR THE BACK OF THE STRUCTURE 4G.
SO AS A CLOSE UP VIEW OF THE ELECTRIC METER, THIS PROPERTY IS VACANT AND DOES NOT HAVE ANY CITY SERVICES.
FOUR H SHOWS THE STRUCTURE'S PEAK OF THE ROOF AND THE FAILING OF THE ROOF, DECKING AND FRAMING AND COLLAPSE OF THE RIGHT SIDE OF THE BACK OF THE STRUCTURE.
I SHOWS THE FIRE DAMAGE EXTEND INTO THE ROOF LINE AND THE SIDE OF THE STRUCTURE.
FOUR J SHOWS THE BROKEN WINDOW THAT HAS NOT BEEN BOARDED AS SECURED.
THIS PROPERTY HAS HAD A REPAIR ORDER FOR THREE YEARS WITHOUT ANY WORK BEING DONE.
ALTHOUGH HE STARTED TO WORK ON THE PROPERTY TWO WEEKS AGO, IT'S CLEAR HE HAS NO INTENTION OF COMPLYING WITH THE BSE ORDER SINCE HE IS NOT FOLLOWING THE CITY REQUIREMENTS OF OBTAINING THE CORRECT PERMITS FOR WORK THAT IS BEING DONE DUE TO THIS ISSUE.
THIS IS A PUBLIC SAFETY CONCERN.
I WOULD LIKE TO DEMOLISH THE STRUCTURE TO RESOLVE THIS CASE.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS FOUR A THROUGH 4K, WHICH ARE PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS.
STAFF ASKED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, FINDING OF FACT THE COMMISSION ISSUED AN ORDER RECORDED AS T R V 20 28 8 950, WHICH WAS NOT APPEALED IN THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $400 PER WEEK IN ITS 2020 ORDER T R V 20 28 8 950.
A CIVIL PENALTY IS ACCRUED IN THE AMOUNT OF $60,400 TO DATE AS OF THE DATE OF THE COMMISSION.
AS OF THE DATE THE COMMISSION ISSUED THIS ORDER, THE PROPERTY REMAINS IN VIOLATION.
STAFF ASK THE COMMISSION TO ORDER THE FOLLOWING, ONE ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDERS ISSUED FEBRUARY 26TH, 2022.
KEEP THE ACCRUED PENALTIES IN PLACE FROM THE PRIOR ORDER ISSUED FEBRUARY 26TH, 2023.
ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM AUSTIN GO TO VERIFY COMPLIANCE FOUR 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 COMMERCIAL STRUCTURE, 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 RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
GO AHEAD MS. ALI, I JUST WAS CURIOUS, THE, THE TRV ORDER NUMBER THAT YOU RECITED WAS NOT CONSISTENT WITH WHAT I HAVE IN MY READER.
I HAVE TWO ZERO, UM, UM, 2 0 2 0 8 8 0 5 0.
LET ME DOUBLE CHECK AND I'LL CONFIRM THAT AND THANK YOU.
READ IT STRAIGHT FROM THE ORDER.
OH, I'M LOOKING AT THE WRONG EXHIBIT.
ONE SECOND AND THREE AND FOUR EIGHT.
OOPS, I'M GOING THROUGH THE EXHIBIT.
[01:20:01]
THAT.SO THE CORRECT NUMBER IS 2 2 2 8 8 959 50 NEITHER'S.
I'M READING IT OFF OF THE ORDER.
IT'S IN, IT SHOULD BE IN YOUR READERS IN THE, UM, YOU WANNA SHOW HIM WAIVER.
UM, SO WE'RE REFERRING TO AN EX A PREEXISTING ORDER.
SO MS. ALI IS TELLING US THE CORRECT, UM, NUMBER ON THAT AND WHAT WE HAVE REFERRING IN THE RECOMMENDED ORDER.
IT'S INCORRECT, SO POSSIBLY IN THE RECOMMENDED ORDER, IT'S INCORRECT.
I JUST WANNA MAKE SURE THAT WHAT WE'RE VOTING ON IS WHAT WE SEE.
OKAY, SO I'LL GO AHEAD AND ADMIT THE EXHIBIT THREE AS WELL AS EXHIBITS FOUR A THROUGH FOUR J OF STAFF.
AND I ALSO HAVE THE OWNER'S EXHIBITS AS WELL.
UM, I'LL GO AHEAD AND EX AND ADMIT THOSE AHEAD OF TIME AS WELL.
AND, UH, MR. RILEY IS HERE TO SPEAK, AND I BELIEVE WE ALSO HAVE SOMEBODY FROM THE OLD NEIGHBORHOOD, UM, OLD AUSTIN NEIGHBORHOOD ASSOCIATION ON THE LINE.
BUT MR. RILEY, UM, YOU MAY PROCEED.
I AM THE OWNER OF THE PROPERTY AT 5 0 3 WEST 14TH.
I ALSO OWN AND LIVE IN THE 1890 HOUSE NEXT DOOR AT THE CORNER OF 14TH OF SAN ANTONIO.
I LIVE THERE FOR A LITTLE OVER 20 YEARS NOW.
I BOUGHT THIS PROPERTY IN 2018 AFTER THE FIRE, UH, AND HAVE BEEN TRYING TO GET IT FIXED UP EVER SINCE THEN.
THERE ARE REALLY THREE CHALLENGES INVOLVED HERE.
ONE IS THE CHALLENGE OF OF GETTING THE, THE VIOLATIONS FIXED.
ANOTHER IS THE CHALLENGE OF BEING ABLE TO OFFER MORE HOUSING IN THIS NEIGHBORHOOD, WHICH IS A LONG TIME GOAL FOR THE NEIGHBORHOOD.
UH, AND THEN A THIRD, A THIRD CHALLENGE IS, UH, BRINGING NEW LIFE TO THIS SITE IN A WAY THAT IS CONTEXTUALLY APPROPRIATE.
THIS IS, THIS IS WHERE THE PIONEERS OF AUSTIN LIVED.
EVERY, VIRTUALLY EVERY HOUSE ON THE PROPERTY IS, UH, CONTRIBUTING TO A, UH, HISTORIC DISTRICT THAT IS NOW IN THE PROCESS OF BEING FORMED.
UM, SEVERAL OF THE HOUSES ARE ACTUAL HISTORIC LANDMARKS.
IT IS A VERY PRISTINE, HISTORIC DISTRICT.
AND SO I HAVE BEEN VERY INTERESTED IN MAKING SURE THAT WHATEVER HAPPENS HERE IS CONTEXTUALLY APPROPRIATE FOR THE SITE.
UM, WHEN I, AND IN 2020 LAST TIME I WAS BEFORE THIS BOARD, I, I, THAT BOARD MADE CLEAR THAT THE, THAT I REALLY NEEDED TO FOCUS ON THE FIRST OF THOSE CHALLENGES, GETTING THE VIOLATIONS FIXED.
I, I IMMEDIATELY SET OUT, UH, TO, UM, UH, I, I FOUND A BANK THAT WOULD ACTUALLY PROVIDE, UH, THAT WOULD ACTUALLY MAKE A LOAN FOR THOSE QUICK REPAIRS.
UH, I WENT AND, AND PULLED, UM, FOUR PERMITS ACTUALLY THE SAME DAY THAT THE ORDER THAT THE RIDDEN ORDER CAME OUT, I, I PULLED FOUR PERMITS THAT I WAS TOLD WERE ADEQUATE TO COVER.
THE, THE BASIC INITIAL REPAIRS THAT I, THAT, THAT, THAT NEEDED, NEEDED TO BE DONE.
UH, THE, WE, I ENGAGED A, A CONSTRUCTION TEAM.
THE CREW CAME AND, AND BUILT THE TRASH IN, IN PREPARATION FOR GETTING STARTED.
THAT WAS ON THE 23RD OF MARCH OF 2020.
AND I KNOW EVERYBODY LIKES REMEMBERING WHAT HAPPENED IN MARCH OF 2020, BUT IT WAS ON THE 24TH OF, OF MARCH, THE DAY AFTER THAT TRASH BOX WAS BUILT, THAT, UH, SHUT DOWN ORDER WAS ISSUED TO, TO SHUT DOWN ALL CONSTRUCTION.
THAT WAS THE BEGINNING OF THE COVID PANDEMIC.
THERE WAS NO WORK THAT COULD SAFELY BE DONE IN THAT TINY HOUSE AFTER THAT POINT FOR A PERIOD OF MONTHS.
THERE WAS NO WAY TO HAVE PEOPLE, THERE WAS NO WAY TO, TO COMPLY WITH THE LIMIT IN THE, IN THIS BOARD'S ORDER.
AND I WAS IN CONTACT WITH STAFF ASKING WHAT I SHOULD DO, AND I WAS TOLD, I JUST HAVE TO BEAR WITH IT.
I COULD NOT, I COULD NOT COMPLY WITH THE ORDER.
THERE WAS NO WAY I COULD LEGALLY, LEGALLY HAVE WORK DONE.
EVEN, EVEN AFTER GOVERNOR RABBIT CAME IN AND LIFTED THE, THE, THE RESTRAINING ORDER, IT CLEARLY WAS NOT SAFE FOR PEOPLE TO BE WORKING TOGETHER IN SMALL CONFINED PLACES LIKE THAT.
I GOT IN THERE AND I STARTED DOING THE DEMOLITION MYSELF OF THE INSIDE OF, OF, OF THAT OLD HOUSE.
AND THEN THE SECOND THING THAT, THAT I DID WAS I STARTED,
[01:25:01]
I STEPPED, TOOK THE OPPORTUNITY TO STEP BACK AND FIGURE OUT A MORE SUSTAINABLE LONG-TERM PLAN FOR THIS PROPERTY.HAVING A SINGLE FAMILY HOME IN THIS LOCATION REALLY DID NOT, WAS, IS NOT A SUSTAINABLE USE IN ANY SENSE.
AND THE, THE NEIGHBORHOOD HAS LONG, WANTED TO GET MORE AFFORDABLE MULTI-HOUSING, MULTI-FAMILY HOUSING IN THIS NEIGHBORHOOD.
AND THAT'S WHAT I, I WAS HOPEFUL ABOUT, ABOUT DOING.
AND SO I, I, I, I, SINCE I HAD TIME TO WORK, I COULDN'T, I COULDN'T LEGALLY, I COULDN'T SAFELY HAVE ANYBODY HAVE A CREW THERE WORKING.
I TOOK THE OPPORTUNITY TO COME UP WITH A PLAN THAT WOULD BE A SUSTAINABLE LONG-TERM PLAN FOR THIS PROPERTY.
AND WHAT YOU AND WHAT WE CAME UP WITH IS WHAT YOU SEE ON THE LOWER RIGHT HAND CORNER.
THE IDEA WAS SAVE THE, THE, THE, THE OLD FRONT PART OF THE HOUSE, WHICH IS REALLY IN VERY GOOD SHAPE.
THE FRONT PART OF THE HOUSE WAS LARGELY UNTOUCHED BY THE FIRE AND IS IN AN EXCELLENT CONDITION.
THE IDEA WAS TO EXPAND AT THE BACK IN, INTO, UH, ON, HAVE TWO, TWO APARTMENTS ON EACH LEVEL AND, AND GET UP TO, TO, UM, UH, A SIX PLEX WITH THREE STORIES.
UM, NOW I'M NOT, AND I WENT THROUGH THE WHOLE PLANNING PROCESS.
I HAVEN'T BEEN DOING ANYTHING SINCE THE FIRE, BECAUSE THIS INVOLVED A LOT OF WORK GOING THROUGH THE SITE PLAN PROCESS TO GET A PROJECT LIKE THIS APPROVED, A MISSING MINERAL PROJECT LIKE THIS APPROVED ON A 3,300 SQUARE FOOT LOT.
IT WAS A LOT OF WORK EVERY DAY OF TRYING TO MEET THE CITY'S REQUIREMENTS AND PLOW THROUGH THE CITY'S PLANNING PROCESS.
FINALLY GOT THE SITE PLAN APPROVED IN JUNE, AND FINALLY AFTER EVEN MORE, UH, ALL KINDS OF BACK AND FORTH WITH, WITH REVISING THE PLANS, WE ACTUALLY FINALLY GOT THE BUILDING PERMIT IN DECEMBER NOW.
AND THEN FINDING A CONTRACTOR WHO WAS ABLE TO DO IT AT THAT POINT, I, I, I, I CONCLUDED THAT I WASN'T ABLE TO GO AHEAD AND DO THE WHOLE THING ONCE.
UH, UM, I HAD HOPED TO BE ABLE TO BUILD THE WHOLE SIXPLEX AT ONCE.
I, I, I DON'T HAVE THE RESOURCES TO, TO DO THAT.
SO INSTEAD, I, I SHIFTED TO A DIFFERENT CONTRACTOR.
AND MY GOAL THAT WHAT I'M WORKING ON NOW IS JUST GETTING THE PLACE FIXED UP, BUILDING THE FIRST FLOOR OF THAT SIXPLEX AND STOPPING THERE FOR NOW WITH THE HOPE THAT LATER ON, AFTER THE PROPERTY STABILIZES AND HAS BEEN GENERATING MONEY, THAT I WOULD BE ABLE TO COME IN AND, AND DO THE REST OF IT.
BUT WE'RE LAYING A SOLID FOUNDATION.
THE PLAN IS TO, THE IDEA IS TO DO IT, TO, TO GET A GOOD START BY DOING THE FIRST FLOOR, AND WE WOULD HAVE A DUPLEX WHEN IT'S DONE.
AND SO THAT WORK HAS, HAS BEEN GOING ON.
AND, AND THERE'S NO WAY THAT THAT WORK CAN BE DONE IN WITHIN 90 DAYS.
AND SO I, I, I, LOOK, I KNOW THE COMMISSION HAS RULES ABOUT HOW, HOW IT CAN SET A DEADLINE THAT ALLOWS FOR MORE, MORE, MORE THAN 90 DAYS.
YOU NEED, UH, AN ESTIMATE OF THE PREPARED WORK TO BE ACCOMPLISHED AND THE BREAKDOWN OF COST AND SO ON.
AND SO, ANYWAY, I I, THE, THE EXHIBITS THAT YOU HAVE BEFORE, YOU INCLUDE ALL OF THE INFORMATION MUCH MORE THAN IS REQUIRED BY THE, BY THE, BY THE COMMISSION'S RULES, STARTING WITH, UH, THE, THE, THE SIGNED CONSTRUCTION CONTRACT, WHICH HAS BEEN SIGNED.
UH, AND IF YOU LOOK AT THAT, AND, AND YOU'LL SEE THAT, THAT, THAT THE WORK SCHEDULE PROVISION ACTUALLY SAYS THAT WORK MUST BE DONE WITHIN 200, 240 DAYS OF THE, OF THE TIME CONSTRUCTION HAS BEGUN.
WE HAVE A, A PROJECT BUDGET THAT HAS A DETAILED BREAKDOWN OF COST, INCLUDING LEG ROOM MATERIALS THAT'S CONTEMPLATED BY THE COMMISSION'S RULES.
WE HAVE, UM, UH, UH, YEAH, THE FUNDING SCORES.
THIS IS, THIS IS THE CLOSING STATEMENT ON THE LOAN THAT ACTUALLY PROVIDES THE FUNDS FOR THIS WORK.
UM, AND THIS IS THE TIMELINE THAT SHOWS YOU WHEN IT'S GONNA BE DONE.
THIS, THIS SATISFIES ALL OF THOSE REQUIREMENTS OF THE RULES.
AND, AND SO WHAT I'M ASKING IS FOR THE BOARD TO ALLOW ME TO ALLOW THIS WORK TO PROCEED TO GET THAT WORK DONE.
WE ARE NOW MAKING A LOT OF PROGRESS.
YOU SEE, THE HOLES HAVE BEEN DUG FOR THE NEW PEERS.
THE SKELETON STEEL SKELETON FOR THE NEW PEERS IS IN THERE.
WHAT YOU SEE ON THE RIGHT THERE IS THAT BACK ROOM, WHICH IS GUTTED.
THE BACK PART IS IN BAD SHAPE RIGHT NOW IN THAT PICTURE, YOU'RE LOOKING TOWARDS THE PLACE WHERE THE FIRE OCCURRED, AND THAT IS IN BAD SHAPE.
BUT WHEN YOU LOOK AT THE FRONT THAT'S IN THE BACK OF THE HOUSE, WHEN YOU GET TO THE FRONT OF HOUSE, IT IS ACTUALLY IN BEAUTIFUL SHAPE.
THE FLOORS, THE WOOD, UH, THE OLD FIREPLACE, UH, THE OLD TOSO FLOORS IN THE, IN THE VESTI BEES, THAT IS ALL IN GOOD SHAPE.
THIS HOUSE IS A, IS A, IS IN VERY GOOD CONDITION IN THE FRONT PART THAT THE PUBLIC ACTUALLY SEES.
IT WOULD BE A REAL SHAME TO DEMOLISH THIS PROPERTY BECAUSE IT IS OVER A HUNDRED YEARS OLD.
IT IS ACTIVELY CONTRIBUTING TO THIS EMERGING HISTORIC DISTRICT.
UH, YOU SEE THE DETAILS THERE THAT ARE STILL IN FINE SHAPE ON THE FRONT OF THE HOUSE.
NOBODY PASSING BY THIS HOUSE EVEN KNOWS THAT THERE IS A PROBLEM WITH IT.
IT IS, IT IS ONE OF THE TWO MOST BEST MAINTAINED PROPERTIES ON THAT, ON THAT BLOCK, ALONG WITH MY HOUSE, BECAUSE I'M MAIN, MAIN KEEPING IN GOOD SHAPE EVERY DAY.
THE NEIGHBORS ARE VERY GRATEFUL THAT I AM, THAT I AM TRYING TO MAINTAIN THE CHARACTER OF THE PLACE.
UH, AND ONE THING I WANNA MAKE SURE EVERYBODY KNOWS FROM THE HEARING BACK IN, IN FEBRUARY, THAT WHAT, AT THE, THE COMMISSION WHEN CITY PRESENTED THEIR EVIDENCE, THE QUESTION CAME UP, IS THERE A LIFE SAFETY ISSUE? AND THE CITY'S OWN EVIDENCE WAS THAT, NO, THERE IS NO LIFE SAFETY ISSUE HERE.
THIS IS NOT CAUSING ANY HARM TO ANYBODY.
UH, THAT, THAT, UH, THE ONLY WAY THIS COULD CAUSE HARM IS IF SOMEBODY BREAKS IN AND, AND, UH, AND HURTS THEMSELVES INSIDE.
IT IS NOT A SUB A PUBLIC, PUBLIC SAFETY ISSUE.
THE, THE RECORD INCLUDES THIS LETTER FROM THE OLD AUSTIN NEIGHBORHOOD
[01:30:01]
ASSOCIATION, WHICH COVERED THIS AREA.UM, YOU ARE OUT OF TIME, SO YOU CAN CERTAINLY FINISH.
TELL US THE MOST IMPORTANT THERE ARE.
I I ALSO HAVE THE OTHER LETTERS FROM THE NEIGHBOR ACROSS THE STREET IN THIS VERY HISTORIC HOUSE WHO IS URGING THE COMMISSION TO ALLOW THIS WORK TO CONTINUE SO THAT WE CAN GET THIS DONE.
THE DOWNTOWN AUSTIN NEIGHBORHOOD ASSOCIATION HAS WEIGHED IN URGING THE, URGING THE BOARD TO ALLOW THIS, THIS, THIS WORK TO CONTINUE, AND FOR THE PANELS TO BE LIFT, PENALTIES TO BE LIFTED.
UH, MEANWHILE, THE, THE HISTORIC DISTRICT HAS BEEN GETTING SOME ATTENTION.
IT DOES RECOGNIZE THIS PROPERTY AS A CONTRIBUTING STRUCTURE THAT'S OVER A HUNDRED YEARS OLD.
IT WAS BUILT BY A BOY WHO GREW UP IN THE 1890S IN MY, IN MY HOUSE.
IT WAS A, IT WAS A FAMILY THING FROM MY HOUSE WAS, HAS A DEEP CONNECTION TO MY, TO MY OWN HOUSE.
IT IS A VERY LOVELY HISTORIC HOUSE, AND IT WOULD BE A REAL SHAME TO DEMOLISH IT FOR NO REASON.
THAT FRONT PART OF THE HOUSE IS IN FINE SHAPE.
THERE IS NO REASON TO, TO TEAR IT DOWN.
AND THIS JUST, AS I MENTIONED, VERY LAST THING I WANNA LEAVE YOU WITH.
THIS IS JUST, JUST GETTING EVERY HOUSE ON HERE HAS A, HAS A GOOD STORY TO TELL THESE HOUSES.
THESE WERE THE PIONEERS, THESE WERE THE PEOPLE WHO BUILT AUSTIN.
THIS IS ONE OF THE MOST HISTORICALLY PRISTINE SECTIONS OF OUR CITY.
AND THIS PROPERTY COULD BE A, HAS BEEN AND IS A, A CONTRIBUTING PART OF IT.
AND FOR THIS COMMISSION TO COME IN AND WANT TO TEAR IT DOWN IS REALLY DISHEARTENING.
WE CAN, WITH THE RIGHT KIND OF WORK, WE CAN KEEP IT UP.
WE CAN RESTORE IT, AND WE CAN HAVE A SUSTAINABLE LONG-TERM USE.
WE CAN HAVE A DUPLEX THERE IN THE SHORT TERM, WITHIN, WITHIN AS OF THIS YEAR, WITHIN THIS YEAR, WE CAN HAVE A DUPLEX THERE.
AND THEN LATER ON IN THE FUTURE, IT COULD BE EXPANDED TO A SIXPLEX IF THE COMMISSION WOULD, THE ONLY THING STANDING IN, IN THE WAY OF THAT VERY POSITIVE OUTCOME IS THIS COMMISSION.
SO ALLOW ME TO CONTINUE THESE, THESE REPAIRS SO THAT WE CAN GET THAT HOUSING THERE THAT WE NEED WHILE STILL PRESERVING THE CHARACTER OF THE AREA.
I, I, I'M SORRY IT'S TAKEN SO LONG, BUT DEALING WITH A SMALL HOUSE AND A AND, AND AN INNOVATIVE DEVELOPMENT IN A SITUATION LIKE THIS DOES, IT, IS VERY DIFFICULT.
UM, AND, UM, UH, ESPECIALLY COMPOUNDED BY THE PANDEMIC.
AND THAT'S, THAT'S, I'M AFRAID THAT THAT'S, THAT'S, THAT'S WHERE WE ARE.
BUT, UH, I, I REALLY HOPE THE COMMISSION WILL ALLOW ME TO COMPLETE THE WORK THAT IS IN PROGRESS SO THAT WE CAN, UM, KEEP THAT AREA BEING A, A REAL SPECIAL PART OF AUSTIN.
UM, WE HAVE SOMEBODY ON THE LINE, I BELIEVE, FROM EITHER DOWNTOWN AUSTIN NEIGHBORHOOD ASSOCIATION.
LET ME MAKE SURE, I THINK I HAVE THE WRONG, ALL RIGHT, MR. SIF, CAN YOU HEAR US? OH, MR. SIF, CAN YOU DO START SIX TO UNMUTE? OKAY.
AND THEN WHEN HE COMES ON, WE CAN A, HAVE HIM, UM, ALSO PRESENT.
SO COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE OWNER? UH, MR. RILEY OR FOR STAFF? OKAY.
UM, I HAVE A QUESTION FOR STAFF AND I JUST, I THINK I HEARD THIS, BUT STAFF VOLUNTARILY BROUGHT THIS CASE BACK WANTING TO REVIVE THE ORDER TO A DEMOLITION.
YEAH, THIS IS FOR STAFF AS WELL.
AND, UM, I THINK THIS WAS KIND OF STATED IN THE PRESENTATION, BUT, UM, SO THE, THE REASONING FOR THIS BECOMING A DEMOLITION ORDER IS, I MEAN, AGAIN, THE PHOTO EVIDENCE COMPARED TO OUR TYPICAL DEMOLITION ORDERS, I MEAN, THE FRONT OF THE HOUSE SEEMS FINE.
UH, THE ONLY REASON WE WENT FOR DEMO INSTEAD OF REPAIR, CUZ I MEAN THE ORIGINAL REPAIR ORDER WAS ONLY FOUR ITEMS, WHICH WOULD NOT HAVE BEEN HARD TO REPAIR WHILE HE WAS WAITING FOR DO RIGHT TO REDO THE SIXPLEX.
UM, IS BECAUSE THE BACK ROOFING DECKING STARTED TO FAIL AND THE RIGHT PART OF THE ROOF STARTED TO FALL DOWN.
SO JUST, IS IT CON IF THAT'S THE CONCERN THAT COULDN'T THAT BE REMEDIED? I MEAN, JUST IN IS THE THEORY THAT YOU FENCE IT OFF, YOU, YOU, YOU TAKE CARE OF THAT SO THAT THAT'S NOT OPEN.
SO ANIMALS CAN'T GET IN AND PEOPLE CAN'T GET IN.
AND IT WAS THE ACTUAL FALLING DOWN OF THE ROOF ON THE RIGHT SIDE.
CUZ IT'S SUPPOSED TO BE LEVEL ON THE PICTURES.
YOU CAN TELL WHERE IT'S ANGLED DOWN, RIGHT.
UM, I'VE BEEN, HOLD ON SMALL THAT ONCE I CAN SEE THAT THAT PIECE IS, BUT THAT, FOR THAT TO TRIGGER LOSING THAT, THAT HOME SEEMS, I IT'S UNDERSTANDABLE.
I KNOW HOW HARD IT IS TO LOSE AN OLDER HOME LIKE THIS,
[01:35:01]
BUT WITH HOW LONG THIS HAS BEEN DELAYED AND CUZ THE PLANS HAVE CHANGED A COUPLE OF TIMES FROM JUST A NORMAL REPAIR TO DOING A SITE PLAN TO MAKING IT A SIX PLEX.AND SO WE WANTED A RESOLUTION.
I KNOW WE'VE DONE SOME PROPERTIES DOWNTOWN WHERE, UH, THERE'S BEEN SOME SAGGING DECKS AND WE'VE ALLOWED THE OWNERS TO PUT IN STRUCTURAL SUPPORTS UNTIL EVERYTHING GETS FIXED.
GO GET AN ENGINEER TO WRITE A LETTER, PUT SOME SUPPORTS, THEN HOLD IT UP.
AND THEN ACTUALLY AS OF RIGHT NOW, HE'S TORN ALL THAT BACK ROOFING AND DECKING OFF.
SO IT'S NOT REALLY AN ISSUE ANYMORE.
SO WHY IS THE DEMOLITION ORDER STILL THERE THEN? THE, THIS ONLY HAPPENED TWO WEEKS AGO.
AND WE PUT IN OUR BSE, BUT WHAT IT IS, IS, UM, HE'S ACTUALLY WORKING OUTSIDE THE SCOPE OF THE PERMITS.
HE'S ACTUALLY, UM, SENT AN EMAIL TO US SAYING THAT IT WAS ONLY GONNA BE A DUPLEX AND ALL HIS PERMITS ARE FOR A SIXPLEX.
SO I CONTACTED DEPARTMENT SERVICES, UM, FOR OUR PERMITTING AND THEY SAID HE'S WORKING OUT OF THE SCOPE OF HIS PERMITS.
SO THAT'S WHY WE WENT AHEAD AND CAME BACK FOR STILL KEN FOR DEMO.
SO HE IS OUTSIDE OF THE SCOPE OF THE PERMITS, BUT IT STILL SEEMS LIKE DEMOLITION IS NOT A REMEDY FOR SOMEBODY WORKING OTHER PERMIT.
I MEAN, THERE'S, YOU'RE WORKING OUTSIDE OF YOUR PERMIT THAT'S NOT, THERE'S OTHER PROCEDURES IF YOU DON'T, IF HE CONTINUES WITH HIS WORK THAT HE'S DOING NOW AND GETS THE REPAIR DONE BEFORE OUR DEMO IS COMES UP, THEN IT'S JUST REPAIR AND THEN WE CLOSE OFF.
SO IF SOMEBODY HAS ACTIVE PERMITS FOR REPAIR AND IS ACTUALLY DOING THE CORRECT PERMITS, THEN THAT STOPS OUR DEMO PROCESS.
SO IT LOOKED LIKE AT LEAST WE SAW DATES MR. RILEY PUT SOME DATES THAT SHOWED THAT A SITE PLAN PERMIT WAS ISSUED IN JUNE OF LAST YEAR, RIGHT? YES.
AND THEN THE BUILDING PERMIT WAS IN DECEMBER AGAIN FOR THE SIXTH PLACE? YES.
SO THOSE WOULD NEED TO BE AMENDED IN THAT PROCESS.
HE NEEDS TO, TO, UM, REDO ALL THOSE.
AND MAY I CONTINUE CHAIR WITH THE QUESTION? UM, YES.
UM, WOULD YOU MIND HOLDING THAT THOUGHT? OKAY.
IF YOU'RE NOT GOING TO LOSE YOUR TR TRAIN OF THOUGHT.
I HAVE, UM, A SUPPORTER
YEAH, WE'LL COME BACK TO YOU MR. SIFF, CAN YOU HEAR US? I CAN HEAR YOU.
SO YOU HAVE THREE MINUTES TO TELL US, UM, YOUR, UM, OPINION ON WHAT'S GOING ON WITH THIS PROPERTY AT 5 0 3 WEST 14TH STREET COMMISSION.
THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SPEAK
SINCE THAT TIME, 50 YEARS, THE NEIGHBORHOOD HAS PURSUED MAINTAINING AND ENHANCING THE HISTORIC AND RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD AS STAFF AS WELL AS THE APPLICANT HAS DESCRIBED.
THIS IS A BUNGALOW THAT WAS BUILT IN 1920.
IT'S A CONTRIBUTING STRUCTURE TO THE OLD AUSTIN NEIGHBORHOODS APPLICATION TO MAKE THIS A NUMBER OF PROPERTIES IN THIS AREA, PART OF A NATIONAL REGISTER HISTORIC DISTRICT.
AS YOU'VE HEARD FROM MR. RILEY, WHILE IT'S BEEN A STRUGGLE, HE'S READY TO MAKE THE REPAIRS AND IMPROVEMENTS TO CREATE A DUPLEX ON THIS PROPERTY, I URGE YOU TO NOT, UH, ORDER THE DEMOLITION OF THIS PROPERTY AS STAFF HAS REQUESTED, BUT RATHER WORK WITH THE APPLICANT AND STAFF TO CREATE A SITUATION WHERE THE PROPERTY CAN BE REPAIRED AND BE A CONTRIBUTING STRUCTURE TO THE NEIGHBORHOOD AND THE WHOLE COMMUNITY.
YOU CAN STAND BY AND, UM, IF THE COMMISSIONERS HAVE ANY QUESTIONS FOR YOU, THEY'LL CERTAINLY ASK, BUT THAT'S BEEN VERY HELPFUL.
I WAS GONNA FOLLOW UP WITH, UH, MR. RILEY.
AND JUST TO ASK, SO HAVE YOU COMMENCED THE PROCESS FOR AMENDING YOUR PERMITS WITH THE CITY? I THINK THAT SITE PLAN PERMIT'S ONLY GOOD FOR TWO YEARS.
AND SO YOU'VE ONLY GOT TILL MID 24.
THE FIRST THING I DID WHEN, WHEN IT LOOKED LIKE WE WEREN'T GONNA BE ABLE TO BUILD THE SIXPLEX, NOW, THE FIRST THING I DID IS I CALLED DSD AND THE STAFF WERE VERY, WERE VERY HAPPY TO HELP.
AND THEY ADVISED ME THAT WE COULD GO AHEAD AND DO THE WORK FOR THE FIRST FLOOR, DO THE WORK FOR THE DUPLEX BY PULLING THE PERMITS FOR THE SIXPLEX, BECAUSE THERE IS NO WORK DONE FOR THE DUPLEX THAT ISN'T WITHIN THE WORK DONE BY THE SIXPLEX.
ALL OF THE WORK THAT'S BEING DONE WAS APPROVED, AND YOU, THE PERMITS ARE ACTUALLY PART OF YOUR EXHIBITS.
[01:40:01]
YOU SEE, THERE'S A, THERE'S A, UH, UH, SITE PLAN PERMIT, A PLAN REVIEW PERMIT WHERE THEY ACTUALLY APPROVED ALL THE PLANS.AND THEN THERE, THERE'S ACTUALLY A BUILDING PERMIT.
THE BUILDING PERMIT IS ACTIVE.
UH, THERE WAS A, A, A BRIEF TIME WHEN WE WERE SWITCHING FROM ONE CONTRACTOR TO ANOTHER WHERE WE HAD A LITTLE DIFFICULTY WHERE THE FIRST CONTRACTOR HAD, UH, HAD TAKEN HIMSELF OFF OF THE THING, BUT, BUT THE SECOND CONTRACTOR HADN'T FIGURED OUT HOW TO GET HIS NAME ONTO THE PERMITS.
AND THERE WAS A B A BRIEF HICCUP THERE, BUT WE'VE GOT IT ON THERE.
HE IS LISTED TO THIS AS THE GENERAL CONTRACTOR IS IT IS ACTIVE.
WE WILL CONTINUE TO WORK ON THE PERMITTING, BUT, UH, THE WORK WAS, THAT'S WHAT TOOK SO LONG.
ALL THIS, THE WORK THAT WE'RE DOING WAS APPROVED.
UM, AND, UH, I MEAN THE, THE A SIX PLEX, A THREE STORY SIX PLEX WAS, WAS PERMITTED.
AND THIS IS JUST DOING THE, BASICALLY THE FIRST PHASE OF THAT.
BUT OF COURSE, I'M HAPPY TO CONTINUE TO WORK WITH DSD AND, AND WHOEVER TO GET THE, THE PERMITS.
PERMITTING IS ALWAYS A BIG PART OF ANY PROJECT.
AND THEN WE'LL CON WE'LL CONTINUE TO GET THE PERMITS IN ORDER.
I HAVE, UH, COMMISSIONER BENIGNO, AND THEN WE'LL GO TO COMMISSION AGA.
SO WITH THIS CONSTRUCTION CONTRACT THAT'S IN YOUR EXHIBITS, UH, 240 DAY NUMBER THAT'S LISTED IN THE CONTRACT, DO YOU EXPECT THAT THE WORK WOULD AND COULD BE DONE WITHIN 240 DAYS? YES.
AND THAT WOULD REMEDY ALL OF THE, UM, VIOLATIONS YES.
AND ONGOING ISSUES WITH THE PROPERTY? YES.
AND I'M GLAD YOU ASKED THAT BECAUSE THERE, THERE WAS A SUGGESTION THAT WE COULD HAVE EASILY ADDRESSED THE, THE VI THE VIOLATIONS WITHOUT GOING THROUGH THIS WHOLE MESS.
THE BIG PROBLEM WITH THE VIOLATIONS IS THAT AMONG THE VIOLATIONS IS THE LACK OF SYSTEMS LIKE AN ELECTRICAL SYSTEM AND AN H B A C H B A C SYSTEM.
IT, YOU CAN'T JUST GO IN AND PUT IN AN ELECTRICAL SYSTEM BEFORE WITHOUT DOING THE, THE REST OF THE WORK.
AND YOU CAN'T JUST, THAT'S NOT JUST A BAND-AID THAT YOU COULD JUST STICK ON AN ELECTRICAL SYSTEM AND AN HBA SY SYSTEM, VA C SYSTEM ARE PART OF THE WHOLE PROJECT.
WE, WE COULDN'T, IT WAS ALL BUNDLED TOGETHER.
WE WERE NOT, I WOULD'VE LOVED TO JUST FIX DISCRETE PROBLEMS WITHOUT WRAPPING THEM UP FROM THE WHOLE PROJECT.
BUT THE WAY THE, THE VIOLATIONS WERE WORDED, WE COULDN'T BECAUSE IT WAS THE WHOLE SYSTEMS, THE LACK OF SY ELECTRICAL SYSTEM, AN H B A C SYSTEM, THERE WAS NO WAY, THERE WAS NO EASY WAY TO DO THAT.
BUT YOU ARE CONFIDENT THAT IN 240 DAYS YES, EVERYTHING WILL BE FINISHED.
UM, WE HAVE COMMISSIONER OLUGO.
UH, I GUESS TO FOLLOW UP WITH THE 2020, UH, BNS COMMISSION, IS THE BUILDING CURRENTLY A DANGER TO LIFE? YEAH.
UM, I GUESS I'LL ANSWER THAT, WHAT HE DIDN'T.
RIGHT NOW IT'S, IT'S UNDER CONSTRUCTION.
HALF THE ROOF IS MISSING ON THE BACK END, AND IT'S ALL OPEN AND ACCESSIBLE RIGHT NOW, BUT HE'S IN THE MIDDLE OF CONSTRUCTION, SO IT'S KIND OF A CONSTRUCTION ZONE.
SO, SO IT SAYS DANGEROUS LIFE AS A NORMAL CONSTRUCTION ZONE, IS THAT CORRECT? YEAH, IT'S A NORMAL CONSTRUCTION ZONE KIND OF THING.
SO IT'S, SO THE BUILDING IS NOT DANGEROUS LIFE.
IT'S BLOOD BY ITS NEIGHBORS, AND IT'S BEING DRIVEN BY SOMEONE WHO CARES BOTH ABOUT THE HISTORIC, THE HISTORY OF THE DISTRICT, AND ABOUT THE MASSIVE AFFORDABILITY CRISIS THAT AUSTIN IS IN.
AND I'M A LITTLE BIT SKEPTICAL ABOUT OUR USAGE OF THE DEMO AS REPAIR, AS YOU MENTIONED THAT OH, IF THEY GET IT DONE IN 45 DAYS, IT'LL BE FINE.
RATHER SU US USE DEMO FOR WHEN WE MEAN TO DEMOLITION AND NOT WHEN WE FINGERS CROSSED, HOPE WE DON'T ACCIDENTALLY DEMO DEMOLISH A, A BUILDING THAT IS A MASSIVE PART OF A HISTORICAL DISTRICT WHERE WOULD BE HISTORICAL DISTRICT.
SO, UM, I GUESS I'D SHARE, UM, VICE CHAIR HER OF HER'S, UH, CONCERNS HERE.
UH, MY QUESTION FOR, UH, RILEY, UM, CHANGING A DUPLEX TO A, UH, SIXPLEX IS A NON-TRIVIAL PROJECT.
CAN YOU SHARE A LITTLE BIT MORE ABOUT HOW THAT WOULD WORK? RIGHT NOW, I'M JUST FOCUSING ON GETTING THE, THE MEDIA PROJECT DONE, GETTING THE DUPLEX DONE.
WE DO HAVE TO THINK ABOUT THINGS LIKE, FOR INSTANCE, IT'S SIXPLEX WILL REQUIRE A LOT OF STEEL PLATES TO SUPPORT THE STRUCTURE.
AND SO RIGHT NOW WE'RE, WE'RE, WE'RE CONSIDERING WHETHER WE NEED TO PUT THOSE STEEL PLATES IN NOW OR WHETHER WE COULD DO THAT LATER ON.
AND, BUT YOU DO FEEL, THAT'S A QUESTION.
YOU GET THE DUPLEX AND EVERYTHING DONE PER PERMITTING, ALL OF THE RIGHT ADMIN CHECKS IN 240 DAYS, IS THAT CORRECT? SURE.
THE PERMITTING, IT'S ALREADY, YES, IT'S, I'M, IT'S, IT'S, IT'S APPROVED AND SO NOW IT'S JUST A MATTER OF DOING THE WORK.
ARE YOU APPROVED FOR A DU I DON'T KNOW IF THERE'S SOME SORT OF LIKE TECHNICALITY HERE.
SO I ACTUALLY, UH, CONTACTED THE SUPERVISOR OF THE COMMERCIAL BILLING INSPECTOR AT DSD, AND HE SAID THAT WHAT HE HAS RIGHT NOW WOULD NOT COVER A DUPLEX.
HE HAS TO CHANGE HIS PERMITTING.
UH, WHAT IS, HOW LONG IS THE PROCESS FOR CHANGING A PERMIT FOR OBTAINING A PERMIT WITH THE CITY? IT JUST DEPENDS ON HOW YOU DO YOUR PAPERWORK.
YOU GET IT ALL DONE IN A TIMELY MANNER, AND YOU HAVE EVERYTHING CORRECT WITH YOUR PACKET.
SO IF, IF, UH, MR. REIL HERE WOULD BE MODIFYING A PERMIT, JUST LET SAY HE'S ABLE TO DO PAPERWORK PROPERLY, COULD YOU GIVE ME A TIME ESTIMATE? THEY COULD DO IT RIGHT THEN AND THERE IN
[01:45:01]
THE OFFICE.IF HE MADE AN APPOINTMENT WITH, UM, DSD, HOW, HOW EASY IS IT TO MAKE AN APPOINTMENT WITH D SD? IT'S REALLY EASY.
YOU COME TO THE OFFICE AND THEY CAN DO IT RIGHT THEN AND THERE, A 30 MINUTE INCREMENTS, OR YOU CAN PLAN AHEAD OF TIME.
I JUST DUNNO IF IT'S LIKE DPS WHERE YOU GOTTA SCHEDULE OUT.
I THINK YOUR CHAIR, VICE CHAIRS, UM, CONCERNS HERE.
UM, VICE CHAIR FERRERA, GO AHEAD.
NO, I WAS JUST GONNA MOVE TO CLOSE THE PUBLIC HEARING, BUT OKAY.
UM, IF WE ARE CLOSING THE PUBLIC PART OF THE HEARING, THEN, UM, OH, MADAM CHAIR, IT SOUNDS LIKE, UM, COMMISSION OF SOAD HAS SOMETHING TO ADD.
I JUST HAD ONE QUESTION FOR MR. RILEY.
MR. RILEY, THANK YOU FOR BEING HERE AGAIN.
WHEN WE, UM, WHEN YOU WERE HERE LAST, UH, WHEN YOU WERE HERE IN 2020, I RECALL YOU SAID YOU RESIDED, UH, YOUR HOME WAS ACTUALLY CLOSE TO THIS PROPERTY.
I DIDN'T HEAR IF YOU MENTIONED THAT THIS TIME.
IS THAT STILL THE CASE? DO YOU STILL RESIDE WITHIN WALKING DISTANCE? YES.
IF YOU SAID THAT ALREADY, FORGIVE ME.
I JUST DIDN'T HEAR AT THIS TIME, BUT THAT'S MY ONLY QUESTION.
UM, I DID HAVE ONE QUESTION, JUST TO BE SURE.
YOU SUBMITTED A LOT OF DOCUMENTS.
UM, SO IT LOOKS LIKE YOU CLOSED ON THAT LOAN, UH, TWO DAYS AGO.
WELL, THE CLOSING WAS TWO DAYS AGO.
WE HAD A VERBAL AGREEMENT HAS LONG BEFORE THAT, BUT WE DIDN'T GET THE CLOSING DONE UNTIL TWO DAYS AGO.
SO YOU'VE BEEN FUNDED NOW? YES.
UM, WELL, MR. SIFF, YOU KNOW, WE'RE, IT SOUNDS LIKE THE COMMISSIONERS DON'T HAVE ANY QUESTIONS FOR YOU, SO IT'S UP TO YOU IF YOU WANNA STAY ON OR NOT.
WELL, THANK YOU FOR JOINING US.
I THINK WE HAD A MOTION FROM VICE JEFF, I SECOND THE MOTION.
WHAT WAS THE MOTION TO CLOSE THE PUBLIC PART? WE CAN STILL DISCUSS.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING, AND WE HAVE A SECOND BY COMMISSION OF BENIGNO.
UM, IS ANYBODY OBJECTING TO CLOSING THAT PUBLIC PART OF THE HEARING? NO.
DISCUSSIONS, COMMENTS, MOTIONS, VICE CHAIR.
UM, YOU KNOW, WE, ALMOST EVERY MONTH WE COME HERE AND WE JUST, THE PREVIOUS CASE, WE, WE, WE CAN'T FIND OWNERS.
UH, THERE'S OWNERS WHO WON'T SPEND ANY.
WE SEE PROJECTS THAT LINGER FOR YEARS.
PEOPLE WON'T PAY THE FINES BECAUSE NOBODY CARES ENOUGH ABOUT THE PROPERTY FOR WHATEVER REASONS.
AND I THINK WE'VE ALL SEEN LOTS OF CASES.
SO HERE, THIS IS ONE CASE WHERE THE REVERSE IS TRUE, RIGHT? WE HAVE, UH, OWNER WHO'S GOTTEN A LOAN OWNER WHO'S GOTTEN PERMITS, YES, THEY NEED TO BE AMENDED OWNER WHO HAS PLANS OWNER WHO, WHO WHO APPEARS TO HAVE THE PIECES IN PLACE TO SEE THIS THROUGH.
I DON'T SEE WHY WE WOULD ORDER THE DEMOLITION OF, OF A PIECE OF HISTORY.
I CERTAINLY AM NOT GONNA SUPPORT THAT, BUT THAT'S NOT A MOTION.
UM, YEAH, UH, THOSE ARE, I THINK WE ALL HAVE SIMILAR CONCERNS.
IT APPEARS TO ME THAT, UM, THE PROPERTY OWNER HAS RESPECTED THE RULES OF THIS COMMISSION, SUCH THAT HE CAME WITH THE EXACT DOCUMENTS REQUIRED BY OUR BYLAWS FOR EXTENSIONS AND MODIFICATIONS.
UM, WHICH IN MY NOW OVER A YEAR OF SERVICE IS THE FIRST TIME IT'S BEEN DONE IN THAT EXACT SPECIFIC WAY.
UM, AND SO I WOULD BE IN, I'M NOT MAKING A MOTION YET EITHER, BUT I WOULD BE IN FAVOR OF AMENDING IT TO A REPAIR ORDER AND CHANGING THE TIMELINE TO THE 240 DAYS OR WHATEVER THE CONSTRUCTION TIMELINE WAS.
THANK YOU FOR, YEAH, THANK YOU FOR THAT.
UH, I THINK, UH, COMMISSIONER FRYBERGER, GO AHEAD.
ACTUALLY, I HAD A QUESTION FOR MS. CURRY, SO I'M CERTAINLY HEARING A RELUCTANCE TO, UM, TO TAKE UP STAFF'S RECOMMENDED ORDER.
WE DON'T HAVE TO DO ANYTHING AS, AS A COMMISSION, BUT YEAH, I THINK MY QUESTION IS JUST IF, IF, IF WE WANT TO MEMORIALIZE THAT NOT DOING ANYTHING, IS THERE ANYTHING THAT WE CAN, YOU KNOW, I'M NOT MOVING TO DO ANYTHING BUT
I I DON'T THINK I UNDERSTAND YOUR QUESTION.
SO ARE YOU WANTING TO CONTINUE THE CASE? I'M WANTING TO NOT TAKE ANY ACTION AND JUST MOVE ON FROM HERE ON THE AGENDA.
I MEAN, THAT'S, BUT I, YEAH, I THINK, I DON'T THINK I NEED TO, I DON'T THINK I NEED TO MOVE TO DO THAT OR PROPOSE THAT.
COMMISSIONER FREIBERGER, UM, I'LL ASK YOU TO CLARIFY.
[01:50:01]
ARE YOU SAYING DON'T DO ANYTHING BECAUSE THERE'S ALREADY A PREVIOUS ORDER IN PLACE? CORRECT.AND MY THINKING THERE IS IN GENERAL, WE DON'T, WE DON'T TAKE UP THE, THE QUESTION OF REDUCING FINES OR ANY TYPE OF FORGIVE FORGIVENESS UNTIL ALL OF THE VIOLATIONS HAVE ACTUALLY BEEN TAKEN CARE OF.
SO THIS WOULD BE, IN MY OPINION, AN AN INAPPROPRIATE TIME TO CONSIDER REDUCING FINES, UM, THE EXISTING ORDER STANDS.
SO THAT'S, THOSE ARE MY THOUGHTS.
YEAH, THOSE ARE EXCELLENT POINTS.
UM, MS. CUR COUNSEL, DO YOU HAVE ANYTHING TO ADD TO THAT? UM, SO, SO THE EXISTING ORDER STANDS, UH, YOU DON'T NEED TO VOTE ON ANYTHING FOR THE EXISTING ORDER TO STAND.
UM, STAFF HAS PROPOSED A CHANGE.
UM, PROPERTY OWNERS CAN REQUEST CHANGES, AND IT'S UP TO YOU WHETHER OR NOT TO ACCEPT THOSE, AND YOU CAN VOTE ON MOTIONS.
UM, SO, SO IF YOU WANTED TO VOTE TO, TO NOT AMEND THE ORDER, YOU COULD, UH, BUT YOU, YOU COULD ALSO, UM, CLOSE THE HEARING ON THIS CASE AND, AND MOVE ON.
I WANTED TO VERIFY MY UNDERSTANDING ON WHAT COMMISSIONER FREIBERGER SAID.
SO IF WE AMEND THE ORDER, DEFIANCE WOULD STOP ACCRUING, IS THAT CORRECT? ONLY BECAUSE IT WAS, IT WOULD, IT WOULD SUPERSEDE THE PREVIOUS ONE.
SO THE FRI DEFINES WOULD ONLY START ACCRUING AFTER THE 240 DAYS, CORRECT? UH, WELL, I THINK IF I'M UNDERSTANDING CORRECTLY, STAFF IS TRYING TO SWITCH THE EXISTING ORDER TO BECOME A DEMOLITION ORDER POTENTIALLY, AND THAT DOES NOT COME WITH ANY FINES.
SO MY QUESTION IS, BUT, SO, BUT IF WE DO NOTHING, THE FINES WILL CONTINUE ACCRUING AT THE STANDARD RATE, IS THAT CORRECT? IT WILL CONTINUE ACCRUING ON THE PREVIOUS ORDER, YES, CORRECT.
WE HAVE COMMISSIONER, DO WE HAVE AS SOAD OR NO? YES.
CAN YOU HEAR ME, MADAM CHAIR? YES, GO AHEAD.
UM, I WANTED TO WEIGH IN ON THIS ONE BRIEFLY.
I WAS, I WAS ON THE COMMISSION IN FEBRUARY OF 2020.
WHEN WE HEARD IT BEFORE, UM, MEMORY SERVES.
UM, COMMISSIONERS FREIBERGER AND AND THOMPSON WERE HERE.
UM, I THINK THERE WERE THREE NO VOTES.
I VOTED AGAINST THE REPAIR ORDER AT THE TIME.
I DON'T THINK EITHER OF THE PEOPLE WHO VOTED NO WITH ME WERE, ARE STILL, UH, ON THE COMMISSION.
I THINK, UM, UH, CHAIR GO AND, UH, UH, MR. FERRARA WERE, WERE, WERE NOT PRESENT FOR THE VOTE, AS I RECALL.
UM, BUT THE, MY REASONS FOR, FOR VOTING AGAINST THE REPAIR ORDER ORDER AT THE TIME, UM, THE FINES WERE SIMILAR TO WHAT I THINK HAVE ALREADY BEEN RAISED BY COMMISSIONER ELCO, UH, COMMISSIONER BIG NNO, UM, THE VICE CHAIR.
UH, AND, AND JUST VERY BRIEFLY, I, I THINK IN TERMS OF, YOU KNOW, UH, SOME OF THE CONCERNS THAT, UH, SORT OF IMPELS TO WANT TO GET, GET ACTION TAKEN ON A PROPERTY, THEY, THEY JUST WEREN'T RAISED BY THIS PROPERTY TO THE SAME DEGREE THAT WE OFTEN SEE.
SO, FOR EXAMPLE, IF YOU CAN, CAN CONSIDER THE NEGATIVE EFFECT ON THE NEIGHBORHOOD OF HAVING A PROPERTY IN THE STATE OF DISREPAIR, IT CAN BE AN ATTRACTIVE NUISANCE.
UM, I, I DON'T THINK THAT APPLIED HERE, BECAUSE HERE WE HAVE AN OWNER WHO LIVES, UH, NEXT DOOR TO THE PROPERTY.
AND SO HE'S THERE EVERY DAY SO HE CAN CHECK TO MAKE SURE THAT IT'S NOT BEING, YOU KNOW, OCCUPIED BY PERSONS EXPERIENCING HOMELESSNESS.
HE CAN MAKE SURE IT'S SECURE ON A DAILY BASIS.
UM, SO THAT'S NOT REALLY IMPLICATED.
UH, PLUS, UM, THE NEIGHBORS ALL SEEM TO, UH, SEEM TO BE IN FAVOR.
I MEAN, HE'S GOT THESE TWO ASSOCIATIONS ON HIS SIDE AS WELL.
UH, I THINK, UH, ANOTHER THING IS GETTING HOUSING STOCK, UH, BACK ON THE MARKET.
I THINK THAT'S A PRIORITY OF OURS.
OF COURSE, THIS PROPERTY WAS NOT HOUSING STOCK TO BEGIN WITH.
I BELIEVE IT WAS THE, THE LOCATION OF A LAW FIRM BEFORE THE FIRE.
SO BY ADDING A SIXPLEX ACTUALLY PROPOSES TO ADD, UH, NET HOUSING STOCK.
AND THEN ALSO THE, THE DESIRE TO PRESERVE THE HISTORIC FRONT.
I, I THINK I, I REALLY RESPECT AND APPRECIATE THAT.
I THINK THAT THIS IS A, A CITY THAT OFTEN DOESN'T HAVE ENOUGH SENSE OF ITS HISTORY.
THEY USED TO LIVE IN CRESTVIEW, WHERE, YOU KNOW, PEOPLE WERE, UH, JUST, UH, WAY TOO ANXIOUS TO COME IN AND TEAR DOWN PERFECTLY GOOD CHARMING, YOU KNOW, MID-CENTURY BUNGALOWS AND ERECT THESE, THESE ISOS AND THEY'RE STEAD AND, AND THE FACT THAT, UH, THAT, UH, MR. RILEY WANTS TO DO SOMETHING THAT'S CONSISTENT WITH THE, THE NEIGHBORHOOD, I, I, I HAVE TO RESPECT THAT AS WELL.
AND THEN, AS MR. BENIGNO POINTS OUT, UH, HE'S EXTREMELY COMPLIANT WITH OUR RULE 4 0 6, IF WE WANT TO GIVE TIME.
SO PEOPLE WHO HAVE OBSERVED MY SERVICE HERE LONG ENOUGH KNOW THAT I'M NO DRINKING VIOLENT WHEN IT COMES TO, UH, BRINGING THE HAMMER
[01:55:01]
DOWN ON, ON VIOLATORS.AND IT'S, AND IT'S VERY RARE THAT I, YOU KNOW, I TRY, I TRY NOT TO DIRECTLY, I TRY AND TAKE STAFF'S RECOMMENDATIONS VERY SERIOUSLY.
I TRY NOT TO BE A RUBBER STAMP, BUT I'M VERY RESPECTFUL OF THE WORK THAT OUR STAFF DOES, THAT OUR CODE ENFORCEMENT OFFICERS DO.
SO IT'S NOT LIGHTLY THAT I, THAT I JUST DIRECTLY OPPOSE A RECOMMENDATION THIS STRONGLY, BUT, BUT I FEEL VERY STRONGLY THAT DEMOLITION IS NOT THE APPROPRIATE, UH, COURSE OF ACTION FOR THIS PROPERTY.
THANK YOU FOR THE DETAILED, UM, INPUT.
I THINK WE ARE PROBABLY ALL THINKING ALONG THE SAME LINES.
UM, DID MS. ALI HAVE SOMETHING TO ADD? UM, I WAS JUST GOING TO SAY THAT, UH, WE WERE ASKING FOR DEMOLITION WHAT THE PENALTIES FROM THE PREVIOUS ORDER WOULD, WOULD, THEY'VE ACCRUED IN THE AMOUNT OF $60,400.
SO THAT WOULD, WE WERE ASKING THAT THOSE PENALTIES STAY IN PLACE AND THEN ASKING FOR A DEMOLITION ORDER, WHICH WOULD NOT ACCRUE ANY ADDITIONAL PENALTIES, BUT THOSE PENALTIES THAT HAD ACCRUED UP TO THIS POINT WOULD STAY IN PLACE.
WE THANK YOU FOR CLARIFYING THAT.
UM, COMMISSIONER BENIGNO, I HAVE A QUESTION FOR MS. ALI.
THE, THIS PROPERTY IS ZONED, I THINK YOU SAID 51% COMMERCIAL, 49% MULTI-FAMILY, OR MAYBE I HAVE THAT FLIPPED.
UM, I DIDN'T, I, I BELIEVE THAT WAS, UH, OKAY, FAIR.
I GUESS THAT THAT'S IRRELEVANT.
I'M SURE I HAVE THAT, NOT EXACTLY CORRECT.
BUT WITH THE MULTI-FAMILY OR THE, THE RULE ON BEING REIMBURSED FOR THE FINES, HOW DOES THAT WORK WITH THE WAY THAT THIS PROPERTY IS OWNED? IT'S A COMMERCIAL PROPERTY, IT'S OWN COMMERCIAL, SO IT IS ZONED COMMERCIAL, SO THEY WOULD HAVE TO COME BACK TO THE COMMISSION TO ASK FOR A PENALTY REDUCTION.
AFTER THE, AFTER ALL OF THE REPAIRS ARE COMPLETE OR DEMOLITION, WHATEVER YOU YES.
UM, THIS IS FOR MY FELLOW COMMISSIONERS, AND I'M KIND OF THINKING OUT LOUD, JUST TRYING TO THINK OF POTENTIAL COURSES OF ACTION FORWARD.
SO JUST MAYBE READING THE TEA LEAVES HERE.
CAN I GO AHEAD AND THINK MAYBE THERE, WE DON'T HAVE, THE VOTES AREN'T HERE FOR THE STAFF RECOMMENDED ORDER, RIGHT? SO WHAT ARE THE OTHER OPTIONS? UM, WE'VE HEARD, ONE IS, IT SOUNDS LIKE THERE'S A COUPLE OF MECHANISMS WHERE THE, THE CURRENT ORDER STAYS IN PLACE, THE REPAIR ORDER FINES DO CONTINUE TO ACCUMULATE.
I, I DO AGREE WITH, UH, COMMISSIONER FRYBERGER, THAT'S PROBABLY TODAY'S NOT THE APPROPRIATE TIME TO TALK ABOUT ANY, UH, REDUCTION IN FINES BECAUSE THE, THE, THE WORK, YOU KNOW, IT'S, IT'S STILL THE WORK IN PROGRESS.
UM, SO THAT'S CERTAINLY ONE OPTION.
WE JUST LET THE ORDER STAY AND THEN WE DEAL WITH THESE FINES THAT'LL CONTINUE TO BUILD UP AT SOME LATER TIME.
UM, I SUPPOSE THERE WOULD BE AN OPTION WHERE THERE'S SOME, I, I DON'T KNOW, SOME NEW, WELL, WE DON'T REALLY HAVE, I GUESS, OTHER EMOTIONS, OTHER, OTHER, UH, ORDERS FROM THE CITY THAT, UH, FROM STAFF TO CONSIDER.
SO WE CAN'T REALLY, I, I GUESS I'M, I'M KIND OF, IF I'M MISSING SOMETHING,
LET ME, LET ME ACKNOWLEDGE YOU BEFORE YOU SPEAK SO THAT WE KEEP THE MINUTES, YOU KNOW, VERY CLEAR.
SO I HAD COMMISSION ELLI FIRST, UM, TRYING TO SAY SOMETHING HERE AND THEN COMMISSION A LUGA.
IS IT POSSIBLE TO PROPOSE A MOTION THAT WE DO NOT ACCEPT THE ORDER AND GO AHEAD AND HAVE IN EXISTENCE THE EXISTING ORDER, REJECT THE CURRENT ONE? AND THAT WOULD BE A MOTION? YES, YOU COULD DO THAT.
IS I POSSIBLE TO DO THAT? YES.
DID I PROPOSE THAT WE REJECT THE CURRENT MOTION, THE CURRENT ORDER AND LET THE EXISTING ORDER BE IN EFFECT? OKAY.
UM, COMMISSION OLUGO, YOU HAD SOMETHING TO ADD, COMMISSIONER, BE PROPOSAL? UM, I BELIEVE COMMISSIONER BENIGNO HAD A DIFFERENT PROPOSAL THAT HE CAN DISCUSS.
COMMISSIONER BENIGNO, DO YOU HAVE SOMETHING ELSE RECOMMEND OR FRIENDLY AMENDMENT OR ANY COMMENTS? WELL, I HAD MENTIONED AT THE ONSET BEFORE COMMISSIONER FREIBERGER MADE THE POINT ABOUT THE EXISTING ORDER, THAT JUST ASSESSING THE PROPOSAL, THAT WE COULD MODIFY IT IN A WAY THAT WOULD, THAT WE WOULD ACCEPT IT AND MODIFY IT SO THAT IT WAS NOT A DEMOLITION ORDER AND THAT THE, UH, TIMELINE WAS 240 DAYS, UM, THAT WOULD HAVE THE BENEFIT OF STOPPING THE ACCRUAL OF FINES.
ALTHOUGH THAT MAY BE TRIVIAL AT THIS POINT COMPARED TO THE 60,000.
AND IF THE COMMISSION IS INTERESTED IN REDUCING THOSE FINES, IT'S PROBABLY SUPERFLUOUS.
UM, IT SOUNDS LIKE IT MIGHT BE SIMPLER
[02:00:01]
JUST TO ACCEPT COMMISSIONER SELIG'S, UH, PROPOSAL.I AM KIND OF AGNOSTIC TO THE POINT AND OPEN TO LISTENING TO WHICH MIGHT BE BETTER.
SO I'M NOT MAKING THAT PROPOSAL, BUT THAT WAS WHAT I HAD MENTIONED.
YOU'RE JUST SHARING YOUR THOUGHTS AND YEAH, WE'RE ALL STILL CONSIDERING THIS, UM, VICE CHAIR, DID YOU HAVE SOMETHING ELSE TO ADD? WELL, I THOUGHT THERE WAS MERIT TO THE PROPOSALS MADE.
I, I WANTED TO ASK, UH, COUNSEL, WHETHER IT'S 240 DAYS E IS IT DOABLE? CAN WE, ARE WE LIMITED AT 90 IN TERMS OF OUR, THE, THE TYPES OF TIME? UM, I MEAN, IF WE DID AN ORDER OF WHAT WE SAID, HEY, WE WANNA, WE WANNA AMEND THE ORDER LIKE SIGNIFICANTLY, RIGHT? THIS IS NOW BECOMING A REPAIR ORDER INSTEAD OF A DEMOLITION ORDER, AND THE, THE REPAIR OF THE REPAIRS ARE NOT MADE WITHIN TWO 40 DAYS, THEN THE FINE START UP AGAIN.
I MEAN, IS THAT SO, SO STATE LAW RE UM, STATE LAW ESTABLISHES MINIMUMS AND YOUR RULES AND BYLAWS ESTABLISHED MINIMUMS. UM, THERE'S NO UPPER LIMIT.
SO, UM, THE, THE THRESHOLD FOR EXCEEDING 90 DAYS, UM, IS SET OUT IN RULE 4 0 6.
UM, AND LIKE COMMISSIONER BENO, COMMISSIONER SOAD MENTIONED, THOSE REQUIREMENTS HAVE BEEN, YOU COULD CONSIDER THEM OH, HAVE BEEN MET.
BUT IF YOU CONSIDER THOSE MET, UM, BY WHAT THE, UH, PROPERTY OWNER HAS PRESENTED, THEN THE 90 DAYS IS YOUR KIND OF NEW STARTING POINT.
IF YOU WANT TO EXCEED 90 DAYS, THERE'S NO UPPER LIMIT.
UH, BARRY MC, THAT CLARIFIES A LOT.
SO I THINK MR. BEN NINO'S RECOMMENDATION HAS A LOT OF MERIT, ALTHOUGH I REALIZE WE ACTUALLY HAVE A MOTION ON THE FLOOR UNLESS IT'S WITHDRAWN, BUT I, IT DOES SEEM TO SOLVE A LOT OF THE ISSUES.
TRYING TO WRAP OUR HEADS AROUND.
I THINK COMMISSIONER FREIBERGER, THAT'S REALLY GOOD BECAUSE WE ARE TRYING TO FIGURE OUT SOMETHING THAT'S GOING TO WORK WITHOUT PENALIZING NECESSARILY, AND WHILE RETAINING THE INTEGRITY OF THE PROPERTY THAT'S IN THE HISTORIC COMMUNITY.
SO, AND THE NEIGHBORS DON'T SEEM TO BE BOTHERED AT ALL EITHER, SO THAT'S GOOD.
UM, I THINK THAT THE EXHIBITS THAT WERE SUBMITTED TONIGHT DO MEET ALL THOSE REQUIREMENTS.
UM, JUST TWO THOUGHTS ON THAT.
I, I BELIEVE WE'RE REQUIRED TO HAVE, WELL, WE NEED TO LOOK AT THE FOUR THINGS EXACTLY.
THERE WERE NO DRAWINGS IN THOSE EXHIBITS, AND MAYBE THE CONTRACTOR'S, UM, ESTIMATE WOULD SUFFICE FOR THAT.
I DON'T REMEMBER THE FOUR THINGS EXACTLY, BUT IT IS UP TO THE COMMISSION TO DECIDE THAT.
MY ONLY OTHER THOUGHT IS JUST I SEE THE MERIT OF ISSUING A NEW ORDER THAT IS JUST FOR REPAIR.
IT WOULD CLEAN UP SOME THINGS.
HOWEVER, IT'S BASICALLY THE SAME END RESULT, AND IT IS A LOT OF PAPERWORK.
IT'S STAFF TIME, AND I, I DON'T TAKE THAT LIGHTLY.
UM, WELL, UH, YEAH, THIS ARE CONSIDERATIONS.
WHAT, UM, MAY I JUST ASK A QUESTION? OH, SURE.
COMMISSIONER, THE REASON WHY I SAID THAT WE, WE SHOULD JUST NOT ACCEPT THIS ORDER AND JUST REVERT BACK TO THE ORIGINAL ORDER AS SAY, STAFF TIME.
THE CURRENT OWNER CAN WORK WITH THE EXISTING ORDER THAT'S IN PLACE TO BUILD THE TWO DUPLEX, FOURPLEX, OR WHATEVER IT IS.
AND IT'S A VERY CLEAN WAY OF GETTING OUT AROUND IT.
MAY I, BUT I THINK WE HAVE A, ALL RIGHT.
WE HAVE, I THINK I, I THINK WE HAVE VICE VICE CHAIR AND THEN MAYBE COMMISSIONER BENNO WANTED TO SAY SOMETHING AS WELL.
SO, I, I THINK IT'S, IT'S TRUE AND THAT IT IS A VERY CLEAN WAY.
THE ONLY DIFFERENCE IS THE FINES CONTINUE TO ACCUMULATE GOING BACK TO THE OLD ORDER.
AND IT'S TRUE THAT AT A SOME FUTURE DATE, WE COULD COME BACK AND, AND ADDRESS THAT.
UM, SO IT'S NOT LIKE IT'S, IT'S THE END, YOU KNOW, UH, END ALL.
BUT IT, IT, THE PROPOSAL THAT MR. BENIGNA MADE GETS AROUND THE FINES CONTINUING.
THE FINES DO NOT CONTINUE TO ACCUMULATE UNTIL 240 DAYS.
THIS, UH, THE THINGS I WAS THINKING ABOUT, ALTHOUGH THE OWNERS DID NOT EXPLICITLY ASK THAT THOSE FINES BE CONSIDERED TODAY, OR THAT WE, YOU KNOW, THE OWNER DEFINITELY EXPLICITLY ASKED US TO, TO NOT ORDER DEMOLITION.
AND I WILL THINK THAT IT WILL BE HELPFUL TO THE OWNER CONSIDERING THAT THIS IS A, A $380,000 REPAIR ON THE SURFACE, WHICH WE ALL KNOW WILL PROBABLY END UP BEING MORE LIKE, UH, HALF A MILLION DOLLARS.
SO MAYBE THAT WOULD BE HELPFUL IF WE WERE TO CONSIDER A NEW ORDER THAT WOULD TOLL THE FINES ONLY FOR EIGHT MONTHS.
BUT, UM, I'LL LEAVE IT UP TO THE OTHER COMMISSIONERS,
[02:05:01]
MOORE.I JUST WANT TO SPEAK FOR, UM, DEVELOPMENT SERVICES HERE.
UM, I MEAN, HERE WE ARE ALMOST FOUR YEARS LATER AND IT DIDN'T SEEM LIKE THE PENALTIES DID MUCH, RIGHT? I MEAN, US SENDING THE, THE, UH, NOTICES OF HEARING OUT DID MORE THAN THOSE PENALTIES RIGHT.
TO, TO MAKE THE OWNER COME BACK BEFORE THE COMMISSION.
SO WE'RE, WE'RE GLAD HE STARTED DOING SOMETHING, BUT, YOU KNOW, FOUR YEARS AGO WE ASKED HIM TO MAKE SOME REPAIRS AND HE COMES UP WITH HIS GRANDIOSE PLAN, RIGHT? LIKE FOURPLEX, SIXPLEX, MULTI-FAMILY PROPERTIES.
WE JUST WANT HIM TO FIX WHAT'S DAMAGED.
UM, SO YEAH, I MEAN, HOPEFULLY HE, HE'S MOVING FORWARD AND, AND WE'RE, WE'RE GLAD TO SEE IT.
I WOULD STRONGLY SUGGEST WE KEEP THE PENALTIES IN PLACE TO HAVE SOME KIND OF MOTIVATION, SOME KIND OF PRESSURE.
UM, SO THAT'S WHERE WE'RE COMING FROM.
UM, WE DO HAVE A MOTION ON THE FLOOR, AND I THINK, I'M NOT GONNA CALL THE VOTE YET BECAUSE I SECOND WE HAD A SECOND, RIGHT? WE DON'T HAVE A SECOND.
SO I THINK WE STILL HAVE SOME COMMENTS COMING, OR IF WE HAVE SOMEBODY ELSE THAT WANTS TO MAKE A DIFFERENT MOTION, WE'LL ENTERTAIN THAT.
MADAM CHAIR DISCUSSION OF, OH, COMMISSIONER STILL STAND.
UM, I, I, I, I BROKE ONE OF MY OWN, UH, PERSONAL RULES EARLIER.
I DON'T VOTE JUST TODAY, WHICH IS I TRY NOT TO VOTE NO ON SOMETHING WITHOUT DISCUSSION FIRST, BECAUSE I DON'T LIKE SOMEBODY TO BE SURPRISED FOR THE FIRST TIME THAT THEY'VE GOT, THEY'VE GOT OPPOSITION ONCE THE, THE VOTE HAS BEEN CALLED.
SO, IN THAT SPIRIT, JUST IN TERMS OF WHAT, UM, COMMISSIONER SELLING HAS PROPOSED, I'D JUST LIKE FOLKS TO KNOW THAT I, I THINK I WOULD VOTE YES ON THAT, BUT I THINK I WOULD ALSO VOTE YES ON SOMETHING, UH, ALONG THE LINES OF, UH, A MOTION CRAFT BASED ON MR. BENOS IDEAS.
SO I JUST WANT THE COMMISSION TO HAVE THAT IN CASE ANYBODY'S SORT OF COUNTING VOTES ON THEIR HEAD.
I THINK EITHER OF THOSE PATHS TO THE, UH, TO THE EXIT WOULD, WOULD MEET WITH MY APPROVAL.
THANKS FOR, UM, CLARIFYING THAT.
UM, JUST TO REMIND EVERYONE, THE MOTION THAT WAS PROPOSED BY COMMISSION ASIG WAS TO DO NOTHING AND LEAVE THE PRIOR ORDER AS IS, WHICH MEANS THAT THE, IT WOULD BE A REPAIR ORDER WITH ALL THE PENALTY, THE, UM, FINES ACCRUING AND CONTINUE TO ACCRUE UNTIL THOSE REPAIRS ARE DONE.
AND THEN THE OWNER MIGHT BE ABLE TO COME BACK HERE TO ASK FOR SOME SORT OF RELIEF AFTER THE REPAIRS HAVE BEEN DONE.
SO THE WAY I SEE IT, UH, RELIEF FOR THE FINES WILL BE SOUGHT WHETHER WE COMPLICATE IT WITH MY PROPOSAL, WHICH I AM HONORED THAT THERE'S BEEN A LOT OF SUPPORT FOR WHAT I THREW OUT AS A HYPOTHETICAL
HOWEVER, I SECOND COMMISSIONER SEA'S MOTION BECAUSE I THINK IT SIMPLIFIES IT.
AND THE EXISTING FEES ARE BY FAR THE MOST SIGNIFICANT PORTION COMPARED TO WHAT, HOPEFULLY IS ONLY 240 MORE DAYS OF FEES.
AND EITHER WAY, THERE WILL BE RELIEF SOUGHT.
SO I DON'T THINK BY DOING WHAT I ORIGINALLY HAD, YOU KNOW, MADE AS A HYPOTHETICAL, UM, SOLVES REALLY ANYTHING.
AND IT FURTHER COMPLICATES, UH, AN ALREADY, YOU KNOW, COMPLICATED CASE.
SO I SECOND COMMISSIONER SEALYS, AND I THINK WE SHOULD VOTE ON IT.
IF NOTHING FURTHER, WE'LL GO AHEAD AND START VOTING.
SO COMMISSIONER FREIBERGER, I WOULD LIKE TO HEAR, I WOULD LIKE TO HEAR WHAT WE'RE VOTING ON.
WOULD YOU LIKE TO RE RESTATE YOUR MOTION? THAT, THAT WE RE REJECT? WE'RE NOT, WE'RE NOT IN FAVOR OF THE RECOMMENDED ORDER THAT'S IN FRONT OF US TODAY.
AND GO AHEAD AND HAVE THE APPLICANT WORK WITH THE EXISTING ORDER THAT HE'S, UM, CURRENTLY WORKING UNDER.
WE'RE NOT, IT'S NOT THAT WE'RE DOING NOTHING.
WELL, YOU MAKE THAT SOUND SO GOOD.
UM,
[02:10:01]
THRUST OF MY MOTION IS TO JUST NOT ACCEPT THIS ONE AND HAVE THE APPLICANT WORK WITH THE EXISTING ORDER THAT'S IN PLACE NOW AND NOT THIS NEW ONE.IS THAT AN ORDER OR IS THAT JUST THAT YOU SAY, I'M SAYING SOMETIMES THAT IT'S BETTER TO DO NOTHING THAN ANYTHING.
AND IT'S SIMPLER FOR THE STAFF.
WELL, UM, I, I REALLY UNDERSTAND WHAT YOU ARE TRYING TO DO IS TO MAKE SURE THAT WE SEE SOME PROGRESS, TRUE PROGRESS, SOMETHING NEEDS TO KIND OF SPUR IT, CAUSE NOTHING SPURRED IT BEFORE.
I MEAN, THE OWNER IS RIGHT, THAT THERE WAS A TIME, YOU KNOW, THERE WAS A CERTAIN AMOUNT OF TIME WHERE NOBODY COULD REALLY BE EXPECTED TO DO MUCH.
UM, BUT I THINK COUNSEL HAS SOMETHING TO ADD.
AND THEN COMMISSIONER FREIBERGER, AND THEN I'LL BE BACK TO YOU, COMMISSIONER THOMPSON.
WELL, SOMETIMES THE, UH, UH, EPIDEMIC HAS BEEN ABUSED.
UM, I, I WOULD JUST SAY THAT YOU'VE ALREADY CALLED THE VOTE.
UM, SO AT THIS POINT WE REALLY CAN'T HAVE ANY MORE DISCUSSION.
WE NEED TO VOTE ON THE MOTION.
WE'LL GO AHEAD AND VOTE ON THAT SPECIFIC MOTION, AND THEN IF IT PASSES, IT PASSES.
IF IT DOESN'T PASS, WE CAN HAVE ANOTHER ROUND.
EVERYBODY UNDERSTANDS THE MOTION THAT WE ARE VOTING ON? NO, BUT GO AHEAD.
UM, THAT WAS, YOU ARE NOT SERIOUS, RIGHT? YOU UNDERSTAND WHAT WE ARE VOTING ON? I THINK I DO, YES.
JUST TO, BUT I DON'T KNOW IF EVERYBODY DOES.
I'M NOT TRYING TO GET INTO OTHER PEOPLE'S HEADS.
YES, I THINK THEY'LL SPEAK UP IF THEY DIDN'T UNDERSTAND.
AND WE ARE GETTING, IT'S NOT 10 O'CLOCK YET, IS IT? GO AHEAD.
NO, WE ONLY HAVE A, A FEW MINUTES.
COMMISSIONER FREIBERGER, HOW DO YOU VOTE? THANK YOU.
I AM IN FAVOR OF REJECTING STAFF'S PROPOSED ORDER.
I'M IN FAVOR OF REJECTING THE PROPOSAL COMMISSIONER.
I'M IN FAVOR OF THE MOTION AS WELL.
AND I'M ALSO IN FAVOR OF THE MOTION AND COMMISSION.
COMMISSIONER BENIGNO IN FAVOR, AND COMMISSIONER, STILL SATIN HOLD.
UM, THANK YOU STAFF, AND, UM, PLEASE CONTINUE TO WORK WITH THE OWNER AND HOPEFULLY WE, WE DON'T SEE ANYTHING OTHER THAN COMING BACK TO SAY EVERYTHING'S BEEN REPAIRED.
WE'LL WAIT TILL WE GET TO THE PORCH, BUT THEY, WE HAD AN OPPORTUNITY.
ALL RIGHT, MS. ALI, WE HAVE A LOT OF THAT DISCUSSION.
WE HAVE A SPEC, SPECIAL AGENDA ITEM.
[7. Election of Officers for the Building and Standards Commission]
YES.THE LAST ITEM ON THE AGENDA IS THE ELECTION OF OFFICERS FOR THE BUILDING AND STANDARDS COMMISSION.
AND AT THIS MEETING, YOU'RE REQUIRED TO ELECT TO ELECT BOTH THE CHAIR AND VICE CHAIR WHO WILL SERVE A ONE YEAR TERM, BEGINNING MAY 1ST, 2023, AND RUNS THROUGH APRIL 30TH, 2024.
AND IF YOU'D LIKE TO REVIEW THE BYLAWS, UM, THERE ARE ARTICLES FOUR AND FIVE REGARDING OFFICERS AND THEIR DUTIES, THEY CAN BE FOUND IN YOUR READER OR GOOGLE DRIVE FOLDER.
LET'S REVIEW THE, DO WE NEED A COUPLE OF MINUTES TO REVIEW? OH, COMMISSIONER THOMPSON, GO AHEAD.
THE, UH, I AM AGAINST, UH, HAVING THE, HAVING THE, UH, VOTE THIS AT THIS TIME.
UH, THERE'LL BE A WHOLE DIFFERENT SLATE OF FACES HERE IN ANOTHER VERY BRIEF TIME, AND I THINK THOSE PEOPLE OUGHT TO HAVE THE PLEASURE AND RESPONSIBILITY OF ELECTING THE PEOPLE WHO ARE GOING TO BE WORKING WITH THEM RATHER THAN DOING IT.
[02:15:01]
THIS IS MY LAST TIME.I'M NOT GONNA VOTE FOR SOMEBODY THAT, UH, IS, YOU KNOW, NEEDLESS TO SAY.
UM, WELL, I SAID ENOUGH CHAIR.
I BELIEVE THAT THIS HAS TO HAPPEN AT THIS MEETING.
SO, UM, IS IT, IS THIS THE LAST OPPORTUNITY WE HAVE? YOU'RE SUPPOSED TO DO IT AT THE APRIL MEETING.
THE BOARDS AND COMMISSIONS HAVE, I MEAN, WE'VE BEEN INSTRUCTED TO HOLD ELECTIONS AT THE APRIL MEETING.
BECAUSE THE NEW SLATE STARTS IN MAY, STARTS IN MAY, BEGINNING OF MAY.
WELL, YEAH, I THINK WE CAN AT LEAST, UM, COMMISSIONER OF FREIBERGER, GO AHEAD.
OH, I WAS GOING TO NOMINATE, UH, MR. THOMPSON FOR CHAIR
THANK, I MOVED THAT MY, THE NOMINATION CEASE.
AND, AND IN ALL SERIOUS SERIOUSNESS, THOUGH, I THINK IT WOULD BE GOOD FOR PEOPLE TO SEE WHO WILL STILL BE SEATED AFTER THIS MEETING.
AND THEN THE OTHER QUESTION THAT I DON'T THINK EVER GETS ASKED IS, WHO IS INTERESTED IN SERVING? YES.
I PLAN TO ASK THEM FIRST MEETING MYSELF.
DO WE CONTINUE TONIGHT? I MEAN, BECAUSE REALLY IT SEEMS LIKE THIS IS THE DEADLINE.
SO I WILL CERTAINLY ASK IF ANYBODY HAS NOMINATIONS, UM, OR IF ANYBODY'S INTERESTED IN RUNNING FOR THE CHAIR OR THE VICE CHAIR POSITION.
NOW, CHAIR, I WOULD LIKE TO, I'M OPEN, MADAM CHAIR.
I WOULD LIKE TO NOMINATE THE CURRENT CHAIR AND CURRENT VICE CHAIR TO SERVE AN ADDITIONAL YEAR.
UM, ANYBODY ELSE INTERESTED IN MAKING THE, YOU REALLY DON'T KNOW US, BUT YOU DON'T KNOW US YET.
I MOVE THAT NOMINATION CEASED.
I SAW IN THE NEWS, PEOPLE SAY THEY'RE CONCERNED ABOUT THE AGE OF SOME CANDIDATES AND HAVE GRAY HAIR.
SO I DON'T KNOW IF THAT'S, IF THAT'S AN ISSUE.
I SECOND MR. THOMPSON'S MOTION AND CALL FOR THE VOTE.
WE CAN VOTE IF NO, NOBODY ELSE HAS ANYTHING ELSE.
OH, I, I WAS JUST GOING TO SAY YES, I'VE BEEN, IT'S BEEN REALLY GREAT TO SEE THE TWO OF YOU WORKING THIS YEAR.
A BREATH OF FRESH AIR, AND I'M SEEING LOTS OF REALLY GOOD TALENT.
I'M ASSUMING THE EVERYONE ELSE HERE EXCEPT FOR MYSELF AND MR. THOMPSON WILL BE AROUND NEXT MONTH.
I WAS GOING TO ASK, IS EVERYBODY STAYING OTHER THAN I'M STILL, YEAH.
UM, I MEAN, I WOULD, I'M NOT STAYING ON, BUT IF I WERE, I WOULD BE THRILLED WITH ANYONE ON THE BOARD RIGHT NOW, SERVING AS CHAIR AND VICE CHAIR.
SO IT'S A GOOD PLACE TO BE IN.
AND THANK YOU FOR YOUR YEARS AND YEARS AND YEARS OF SERVICE.
AND COMMISSIONER FRYBERGER AND COMMISSIONER THOMPSON.
UM, I WILL STAY ON, UM, TILL NEXT YEAR THEN.
AND VICE CHAIR FOR I STAY ON AS LONG.
UM, ANYTHING ELSE? UM, UH, MS. ALI, MADAM CHAIR.
OH, MS. CURRY, YOU NEED TO VOTE? OH, WE'RE GOING TO GO AROUND AND VOTE.
UM, OH, DO WE NEED A, DID WE HAVE A MOTION? YES.
I MADE A MOTION THAT WE, THAT THE COURT CHAIR AND CURRENT VICE CHAIR SERVED FOR ONE ADDITIONAL YEAR.
COMMISSIONER FREIBERGER, HOW DO YOU VOTE? I AM IN FAVOR.
COMMISSIONER THOMPSON FAVOR, UH, COMMISSION LUGO FAVOR.
I'M, I'M IN FAVOR FOR MYSELF,
AND COMMISSIONER PIQUE NOW IN FAVOR.
AND IN RECORD TIME, WE HAVE TO ADJOURN THE MEETING.
OH, SHOULD WE HANG OUT FOR A LITTLE BIT?
[02:20:01]
FOR ANOTHER HOUR? WE HAVE AN HOUR.WHAT CAN WE TALK ABOUT? WELL, WE HAVE SNACKS OVER AT THE OTHER SIDE OF THE ROOM.
SO FUTURE AGENDA ITEMS. DO WE HAVE ANY FUTURE
[FUTURE AGENDA ITEMS]
AGENDA ITEMS? I DON'T THINK SO.OTHER THAN WELCOMING NEW COMMISSIONERS NEXT MONTH.
HOPEFULLY WE'LL HAVE SOME NEW COMMISSIONERS NEXT MONTH.
BUT WE DO HAVE ENOUGH IF WE DON'T, RIGHT.
WE'LL, DON'T WE HAVE ONE MORE THAT'S NOT HERE? NO, NO, ACTUALLY WE DON'T.
AND ALSO, AND WE'RE NOT SURE ABOUT COMMISSIONER FRANCIS.
HE HASN'T BEEN REAPPOINTED YET, SO WE AREN'T SURE ABOUT, WE DON'T KNOW YET.
NO, I HOPE WE ARE NOT RIGHT AT SIX.
THE MEETING, UM, IS ADJOURNED AS OF 9:03 PM THAT'S PRETTY GOOD.