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[00:00:09]

HELLO EVERYONE.

[CALL TO ORDER]

I WOULD LIKE TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR MAY 24TH, 2023.

UH, LET THE RECORD REFLECT THAT THE TIME IS NOW 6:45 PM MY NAME IS SHABA.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

AT THIS TIME, I'LL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU'RE HERE.

UM, AND A QUICK REMINDER TO OUR COMMISSIONERS THAT ARE PROMOTING IN, PLEASE MAKE SURE TO TURN ON YOUR CAMERA AND KEEP IT ON AT ALL TIMES SO THAT WE CAN MAINTAIN A QUORUM.

OKAY.

SO, UM, VICE CHAIR ED FERRARA, HIS ABSENT FOR NOW, BUT I BELIEVE HE'S JOINING US SOON.

UM, WE HAVE A NEW COMMISSIONER AS WELL.

UH, MS. CAMPBELL, DO YOU WANNA INTRODUCE YOURSELF? HI, MY NAME IS LANE CAMPBELL.

HELLO, MIC.

OH, SORRY.

YEAH.

HI.

HI, MY NAME IS BLAINE CAMPBELL.

UM, I'M THE NEW COMMISSIONER AND I'M HAPPY TO BE HERE TONIGHT.

THANK YOU.

UM, AND, UH, COMMISSIONER LOUIS LUGO.

HERE.

THANK YOU.

COMMISSIONER JOSEPH BENIGNO.

HERE.

COMMISSIONER STILLER HERE.

THANK YOU.

AND COMMISSIONER SALEK.

HERE.

COMMISSIONER FRANCIS HERE.

AND WE ALSO HAVE THE FIRE CHIEF WITH US HERE.

THANK YOU.

THANK YOU.

ALL RIGHT.

UM, WE'LL GO AHEAD.

OH, ACTUALLY, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.

EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE THAT REQUIRES, UM, INTERPRETATION SERVICES.

TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR SIX CASES ON THE POST AGENDA.

THE COMMISSION WILL CONSIDER SIX CASES FROM FIVE DIFFERENT PROPERTIES.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT IS APPROPRIATE.

ALL ATTENDEES AT THE, AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO THAT, UH, THEY DON'T IMPAIR THE COMMISSION'S ABILITY TO CON TO CONDUCT BUSINESS CODE REVIEW.

ANALYST JAMES CANEZ WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES.

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, A SEAT NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR PHONE.

THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, YOU OR YOUR REPRESENTATIVE MAY THEN ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.

AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.

YOU'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 THE EVENING, PLEASE INTRODUCE YOURSELF.

JAMES IWIN WITH THE CITY OF AUSTIN.

I'LL BE THE TIMEKEEPER.

THANK YOU.

UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.

AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.

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 IN BINDING UNLESS APPEAL TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED FOR IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.

WHEN YOUR CASE IS CALLED, WITNESSES WILL NOW TESTIFY UNDER OATH.

SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE RETURNING, UH, I'M SORRY, THOSE PROMOTING IN, PLEASE STAND UP AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

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 SO, PLEASE SAY, I DO.

THANK YOU.

IF THERE IS NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.

AND I BELIEVE THE FIRST ITEM

[APPROVAL OF MINUTES ]

WILL BE THE MINUTES FROM THE LAST MEETING.

[00:05:08]

UM, THE COMMISSIONERS THAT WERE PRESENT AT THE LAST MINUTE, UM, HAVE YOU HAD A CHANCE TO REVIEW THE MINUTES? YES.

OKAY.

AND MS. CAMPBELL, EVEN THOUGH YOU WEREN'T PRESENT, YOU, YOU COULD STILL VOTE IF YOU WANTED TO, TO APPROVE THE MINUTES.

SO, UM, I'LL ENTERTAIN ANY MOTIONS.

MADAM CHAIR, I MOVE TO APPROVE THE MINUTES.

THANK YOU.

SECOND.

THANK YOU.

WE HAVE, UH, MOTION TO APPROVE THE MINUTES FROM COMMISSIONER FRANCIS.

AND WE HAVE ANOTHER, UH, A SECOND FROM COMMISSIONER BENIGNO.

SO DO WE HAVE EVERYBODY IN FAVOR? ANY OBJECTIONS? NO.

THANK YOU.

SO THOSE MINUTES ARE APPROVED.

UM, NOW WE'LL HAVE, I'M SORRY, MADAM CHAIR.

UM, I THINK YOU, I THINK YOU NEED A ROLL VOTE ON THAT ON THE MINUTES.

OKAY.

WE'LL GO DOWN THE LIST.

ALL RIGHT.

SO IF YOU'RE, I MEAN, LET'S GO IN ORDER.

IT'S EASIER.

COMMISSIONER LEWIS OLUGO, UM, HOW DO YOU VOTE ON THAT MOTION? YAY.

OKAY, THANK YOU.

COMMISSIONER SEIG.

I VOTE IN FAVOR.

COMMISSIONER BENIGNO IN FAVOR.

AND I'M ALSO IN FAVOR.

COMMISSIONER FRANCIS AYE.

AND COMMISSIONER CAMPBELL.

AYE.

COMMISSIONER TOTA ABOUT AYE.

THANK YOU.

ALL RIGHT.

MINUTES APPROVED.

AND WE'RE GOING TO MOVE ON TO THE NEXT AGENDA.

ON THE ITEM, I MEAN, ITEM ON THE AGENDA, WHICH SHOULD BE ONE OF THE CASES, CORRECT? PUBLIC

[PUBLIC COMMUNICATION: GENERAL ]

COMMUNICATION.

YES.

I WAS GONNA SAY WE, WE, WE HAVE TWO PEOPLE SIGNED UP FOR PUBLIC COMMUNICATION.

ALL RIGHT.

UM, WE HAVE ONLY TWO PEOPLE HERE AND WE HAVE MR. HECTOR AVILA AND THEN MR. LE.

GOOD EVENING.

HELLO, BOARD AND COMMISSIONERS.

UH, MY NAME IS HECTOR AVILA.

I'VE COME HERE TO REPRESENT MR. LEON TRAN, OWNER OF CASE NUMBER CV 2021 DASH 44 27 0 68 0 1 AIRPORT BOULEVARD.

I CAME HERE TO SEE IF WE COULD GET ON THE AGENDA FOR PENALTY FORGIVENESS.

AND I HAVE REASON REASONS TO TO ASK FOR THAT IF YOU WANT TO HEAR 'EM.

SURE.

IF YOU CAN JUST SUM THAT UP, SUMMARIZE THAT FOR US REALLY QUICKLY AND THEN LET US KNOW WHEN YOU WANNA GET ON THE AGENDA.

IS IT NEXT MONTH OR, OR THE SOON AS AS POSSIBLE.

CUZ WE ALREADY PASSED OUR BUILDING PERMIT FINALS.

SO THIS IS JUST THE LAST PART OF THE ADVENTURE.

OKAY.

UM, ANYTHING ELSE YOU NEED TO KNOW? WELL, HERE'S A BIG REASONING WHY I'M HERE.

UM, LEON TRIAN HIRED AN ARCHITECT AND HIS SON WAS SUPPOSED TO PROCESS THE BUILDING PERMIT, COMMERCIAL BUILDING PERMIT.

SO LEON ASKED ME TO LOOK INTO IT SIX MONTHS LATER CUZ HE HADN'T SEEN AN INVOICE.

SO I CONTACTED THE DIVISION MANAGER OF DSC RODERICK BURNS AND THEN HE SENT ME TO BRITTANY POPPY AND SHE SAID ALL THAT'S NEEDED FOR THIS APPLICATION IS TO PAY THE INVOICE.

SO IT WAS SIX MONTHS LATE AND THEN IT ALMOST TOOK US NINE MONTHS CUZ WE HAD TO DRAW IT UP.

THE ARCHITECT HAD TO DRAW IT UP AND THAT'S WHY WE WERE SO BEHIND ON OUR, ON OUR ADVENTURE OF REMODELING THE ROOF THAT HAD BEEN CITED.

OKAY, NO PROBLEM.

10.

HERE'S LEON.

UM, IS THE OWNER ALSO MR. TRAN? YEAH.

WOULD YOU LIKE TO ADDRESS US AS WELL? HELLO? YOU HEAR? YEAH, WE, UH, WE START THE ARCHITECTURAL WORK RIGHT AWAY AND WE HAVE ALL THE EMAIL AND, UH, IN THE NEXT MEETING I'LL OUTPUT EITHER HE PRESENTED AND WE HAVE ALL THE EMAIL THAT RECORDED AND, UH, OKAY.

AND WE GOT, WE ALREADY GOT PERMIT EVERYTHING AND WE ALREADY GOT THE FINAL.

ALL RIGHT.

SO I THINK, UM, THE COMMISSION

[00:10:01]

WOULD HAVE TO ADDRESS THAT AND CONSIDER THAT.

UM, AND THEN YOU'LL GET NOTICE TO LET YOU KNOW IF YOU'RE ON THE AGENDA FOR NEXT MONTH OR IF NOT, UM, WHATEVER THE OUTCOME IS.

ALL RIGHT.

THANK YOU.

THANK YOU.

BUT MAKE SURE YOU DO CHECK TO SEE WHAT QUALIFIES FOR ANY KIND OF PENALTY FORGIVENESS BEFORE YOU COME.

THAT'S MY SUGGESTION.

UM, WE'RE WILLING TO DO WHATEVER SO WE CAN FINISH THIS UP.

ALL RIGHT.

THANK YOU.

THANK YOU.

THANK YOU.

ALL WE HAVE FOR PUBLIC, PUBLIC COMMUNICATIONS, SO WE CAN PROBABLY MOVE ON TO THE POSTED AGENDA ITEMS. NEXT ON THE AGENDA

[2. Case Number: CL 2021-002304]

FOR THE COMMISSION'S CON CONSIDERATION IS ITEM NUMBER TWO, CASE NUMBER CL 20 2102 304, WHICH IS A RETURNING CASE REGARDING THE COMMERCIAL BUILDING LOCATED AT 90 0 7 CONGRESS AVENUE, ALSO KNOWN AS GRANDBERRY BUILDING.

THE EXHIBITS CAN BE FOUND IN THE DETAIN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.

THIS CASE WAS HEARD BY THE COMMISSION AT ITS FEBRUARY, 2021 AND MARCH, 2021 MEETINGS AND WAS HEARD CONCURRENTLY WITH RELATED CASES AT 9 0 9 AND NINE 11 CONGRESS.

THE BUILDING IS A, IS IN A HISTORIC DISTRICT AND HAS A HISTORIC LANDMARK DESIGNATION.

AT THE PREVIOUS MEETING, THE COMMISSION ISSUED ORDERS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS IN ACCORDANCE WITH REQUIREMENTS FOR HISTORIC STRUCTURES AS APPROVED BY THE HISTORIC LANDMARK COMMISSION.

CORRECTLY CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE STRUCTURE REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AT THIS TIME, THE STRUCTURE AT 9 0 7 CONGRESS HAS SUFFERED A FIRE AND RETURNS TO ADDRESS NEW DEFICIENCIES RESULTING FROM THE FIRE IN THE GOOGLE DRIVE FOLDER.

YOU'LL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED EXHIBITS FROM JANUARY THROUGH MARCH OF 2021 AS WELL AS OUR EXHIBIT 19, WHICH CONTAINS A COM, A COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING OF PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS, THE MARCH, 2021 ORDER AND PENALTY STATEMENT, A STRUCTURE MAP OF THE BUILDING, THE CITY ENGINEER'S STRUCTURAL EVALUATION DATED APRIL 3RD, 2023 AND EXHIBITS 20 A THROUGH 20 I, WHICH CONSISTS OF PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS, AS WELL AS THE RECOMMENDED ORDER CODE INVESTIGATOR FAR PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THE CASE AND WILL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.

AND EXCUSE ME, INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS FARRAH PRESLEY AND I'M AN INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.

A PREVIOUS REPAIR ORDER WAS ISSUED IN MARCH OF 2021 AT THE BILLING AND STANDARDS COMMISSION MEETING FOR THIS CASE, WHICH HAS BEEN ONGOING SINCE OCTOBER OF 2020.

THE ZONING FOR THIS PROPERTY IS COMMERCIAL SINCE THE BSE ORDER WAS ISSUED, THIS PROPERTY HAS BEEN VACANT AND HAS EXPERIENCED SERIOUS NEGLECT AND DETERIORATION ALONG WITH NUMEROUS ISSUES WITH PEOPLE EXPERIENCING HOMELESSNESS TRYING TO LIVE IN THE STRUCTURE.

THE STRUCTURE DID EXPERIENCE VANDALISM AND A FIRE OCCURRED.

THE ENTIRE INTERIOR OF THE BUILDING HAS BEEN DESTROYED.

WHEN THE FIRE OCCURRED, THE CITY DID BOARD AND SECURE THE STRUCTURE UPON INVESTIGATION OF THE FIRE DAMAGE.

THE CITY'S ENGINEER DID SAY THAT THE WALLS OF THE STRUCTURE NEED TO BE SECURED, EMBRACED UPON CONTACT WITH HISTORICAL ONLY THE FACADE NEEDS TO STAY IN ORIGINAL CONDITION.

THE INTERIOR CAN BE DEMOLISHED.

AS OF RIGHT NOW, NO NEW PERMITS OR APPLICATIONS HAVE BEEN MADE WITH HISTORICAL REVIEW FOR BRACING OUR DEMO OF THE FIRE DAMAGE.

I WILL NOW TAKE YOU TO THE PHOTOS MARKED 20 A THROUGH 20 I 20 A.

THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE STRUCTURE BEING PRESENTED TODAY HAS SIGNIFICANT FIRE DAMAGE AND IT'S SHARING WALLS WITH THE STRUCTURE TO THE SOUTH AND NORTH OF IT.

NEXT PHOTO SHOWS A CONTEXTUAL VIEW OF THE ROOF FROM THE NEIGHBORING ROOF.

IT SHOWS THE ENTIRE ROOF AND SECOND STORY TO DESTROY FROM THE FIRE.

THIS PHOTO WAS OBTAINED FROM AFD FROM THE RECENT FIRE IN MARCH.

NEXT PHOTO SHOWS AN INTERIOR LOOK INTO THE STRUCTURE.

THERE'S A LOT OF DEBRIS AND TRASH FROM THE FIRE.

NEXT PHOTO SHOWS THE REACTORS OF THE BACK OF THE STRUCTURE IS STILL SLIGHTLY IN PLACE, BUT THEY HAVE SIGNIFICANT FIRE AND WATER DAMAGE.

IT ALSO SHOWS THE FIRE DAMAGE ALONG THE STRUCTURED WALL THAT IS SHARED WITH THE NEIGHBOR PROPERTY ON THE SOUTH WALL.

NEXT PHOTO, THIS SHOWS A CLOSER UP VIEW OF THE WATER DAMAGE ON THE RAFTERS AND EXPOSED OF NO ROOF.

THIS IS THE SECOND STORY FLOOR THAT IS STILL HALFWAY IN PLACE.

NEXT PHOTO SHOWS THE OTHER WALL THAT IS SHARED WITH THE NEIGHBORING PROPERTY ON THE NORTH WALL.

NEXT PHOTO SHOWS A CONTEXTUAL VIEW FROM

[00:15:01]

THE BACK OF THE STRUCTURE.

THE DAMAGE IS MORE PREVALENT IN THE FRONT OF THE STRUCTURE, THE ENTIRE ROOF AND SECOND STORY HAS CAVED IN.

NEXT PHOTO, UH, 28 JUST SHOWS A CLOSER UP VIEW OF THE CADEN BUILDING FROM THE STRUCTURE FIRE.

20 I SHOWS THE BACK OF THE STRUCTURE OF THE CITY DID BOARD AND SECURE AFTER THE FIRE.

THIS PROPERTY HAS HAD A REPAIR ORDER FOR THREE YEARS WITHOUT ANY WORK BEING DONE.

NO COMMUNICATION FROM THE PROPERTY OWNER UNTIL THE FIRE.

AND SINCE THIS IS A PUBLIC SAFETY CONCERN, I WOULD LIKE TO HAVE THE STRUCTURE EXTERIOR WALL SECURED, EMBRACED THE FIRE DAMAGE AND THE INTERIOR NEEDS TO BE DEMOLISHED AND ALL BURNED RUBBERS NEEDS TO BE REMOVED.

THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE FOR ANY QUESTIONS.

WE ALSO HAVE THE CITY STRUCTURAL ENGINEER THAT PERFORMED THE SITE INSPECTION AS AVAILABLE AS WELL.

THANK YOU.

THANK YOU INVESTIGATOR PRESLEY.

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 ATTRACTIVE NUISANCE WITH UNSAFE AND DANGEROUS CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT 19, WHICH INCLUDES STAFF'S PROPOSED FINDINGS IN FACT AND CONCLUSIONS OF THE LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS 20 A THROUGH 20.

I STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS IN FACT AND CONCLUSIONS OF THE LAW.

EXCUSE ME, I BEG YOUR PARDON.

UM, STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.

ONE, REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 30 DAYS FROM THE DATE THE ORDER IS MAILED.

A, OBTAIN AND FINALIZE ALL NECESSARY APPOINTMENTS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING APPROVAL FROM THE HISTORIC LANDMARK COMMISSION.

B UNTIL BRACING OCCURS.

SECURE THE EXTERIOR WALLS FACING THE SIDEWALK.

C DEMOLISH THE INTERIOR OF THE COMMERCIAL FIRE DAMAGE STRUCTURE AND REMOVE HIS DEBRIS.

D REPAIR THE STRUCTURE BY APPLYING BRACING TO THE EXISTING SHARED INTERIOR WALLS AND FACADE AND E REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE NUMBER TWO, CARRY OVER THE ACCRUED PENALTY OF $99,142 86 CENTS FROM THE PRIOR REPAIR ORDER ISSUED MARCH 24TH, 2021 AND THREE ON THE 31ST DAY.

IF COMPLIANCE IS NOT ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO RESECURE THE EXTERIOR WALLS FACING THE SIDEWALK IF NEEDED.

AUTHORIZE THE CODE OFFICIAL, EXCUSE ME.

B, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION OF THE INTERIOR OF THE COMMERCIAL FIRE DAMAGE STRUCTURE AND TO CONSIDER ALL ITEMS THERE IN HIS DEBRIS AND DISPOSE OF AS SUCH.

C AUTHORIZE THE CODE OFFICIAL TO ABATE THE UNSAFE STRUCTURE BY APPLYING BRACING TO THE EXISTING SHARED INTERIOR WALLS IN FACADE TO PROTECT THE PUBLIC AND D 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 NEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU.

I'LL GO AHEAD AND ADMIT, UM, EXHIBIT 19 AS WELL AS EXHIBIT 20 A THROUGH 20 I, THE PHOTOGRAPHS.

UM, WE'LL ALSO I SEE THAT WE HAVE EXHIBITS FROM THE PROPERTY OWNERS, SO WE'LL GO AHEAD AND ADMIT THOSE AS WELL JUST IN THE INTEREST OF TIME.

AND WE DO HAVE MR. WALLACE HERE IN PERSON, CORRECT? YES.

UM, YOU MAY GO AND TAKE A SEAT AT THE PODIUM, NEAR THE PODIUM THERE, UM, SO THAT WE CAN SPEAK TO YOU AS WELL.

GOOD EVENING.

HELLO? YEAH, YOU HAVE I, I'M JUST, UH, I'M DONALD WALLACE, UH, ONE OF THE PART OWNERS OF 9 0 7, 9 0 9

[00:20:02]

AND NINE 11.

MY FATHER IS DALTON WALLACE AND HE, UH, IS AN OWNER AS WELL.

AND I'LL TAKE QUESTIONS AS WE GO.

OKAY.

UM, YOU HEARD THE TESTIMONY THAT WAS PROVIDED BY STAFF.

UM, AND DO YOU HAVE ANYTHING THAT WE SHOULD CONSIDER TODAY OTHER THAN YOU HEARD WHAT THEY'VE ASKED FOR? RIGHT, ABSOLUTELY.

WE SENT IN SOME EXHIBITS, WHICH, UH, WE WENT OVER WELL BEFORE THIS MEETING STARTED, BUT WE SIGNED, UH, A DEMO PER DEMOLITION COMPANY, ABSOLUTE DEMOLITION.

UH, THAT CONTRACT'S BEEN SIGNED.

THEY'RE ALREADY WORKING ON IT AS FAR AS, UH, THE OHP, WHICH PEOPLE DON'T KNOW, THAT'S OVERHEAD PROTECTION IN THE FRONT OF THE CONGRESS AVENUE.

WE'RE WORKING ON THAT.

UM, WE DO HAVE A SITE PLAN EXEMPTION REQUEST, AND WE HAVE THE, UH, DEMOLITION PERMIT APPLICATION.

EVERYTHING'S MOVING SO SMOOTHLY AND IT WAS PRIOR TO THE FIRE.

UM, AND WE ALSO HAVE OUR, UH, UH, BANKER THAT LE UH, $300,000 TO COVER ALL THE COST.

SO EVERYTHING'S MOVING SMOOTHLY UNTIL, UNFORTUNATELY, UH, SOMEBODY LIT THE FIRE LEFT, CAME BACK AND CALLED.

HE'S CURRENTLY IN PRISON OR JAIL, BUT, UH, MENTALLY INCAPABLE OF, OF, UH, ACCORDING TO LET ME GET THE MENTAL HEALTH, UH, GENTLEMAN'S NAME.

UH, DORIN SOER.

HE'S THE MENTAL HEALTH, UH, UH, DA ASSISTANT DA.

AND HE SAID HE'S NOT INCOMPETENT OR NOT COMPETENT TO, UH, TAKE TRIALS, SO OKAY.

JUST TO HELP YOU OUT.

UM, SO IT SOUNDS LIKE YOU ARE ABOUT TO DO THE DEMOLITION YOURSELF BASED ON WHAT YOU'VE TOLD US AND THE WE'VE BEEN APPROVED.

YEAH.

YEAH.

IT, IT WAS MOVING.

OKAY.

THIS IS PROBABLY THE CLOSEST I'VE FELT THAT EVERYTHING'S GONNA GET MOVING.

OKAY.

SO WHAT DO YOU WANT US TO DO IF WE DON'T DO WHAT STAFF'S ASKING FOR TODAY? WHAT, WHAT WOULD YOU LIKE US TO DO THIS? I'LL HIT A COUPLE POINTS.

THE BRACINGS ARE BEING BUILT AS WE SPEAK IF THEY'RE NOT ALREADY FINISHED.

UH, WE HAD THOSE DRAWN UP A YEAR AND A HALF AGO, AND WE'LL WORK FROM THE BACK TOWARDS THE FRONT AFTER WE GET THE PROTECTION IN THE FRONT.

SO, UM, SO THE BRACING THAT COVERS ONE POINT THAT WAS BROUGHT UP AND SECURE THE WALL OF, UH, 9 0 5, AND THEN WE OWN 9 0 9.

WE DON'T HAVE TO DEAL WITH THAT, BUT WE'LL CLEAN UP THE DEBRIS.

I BELIEVE THAT WAS ONE OF THE POINTS.

UM, AND THAT'S ALL IN ABSOLUTE'S, UH, UM, CONTRACT, WHICH WE, YEAH, EVERYTHING'S GONNA BE, UH, THE HISTORIC FACADE WILL BE, WILL BE SAVED AND STORED IN, UH, IN A WAREHOUSE PALLETIZED IN OUR CONTRACT WITH ABSOLUTE DEMOLITION.

IT WAS ABLE TO WORK WHEN I CALLED IN.

UM, YEAH, THERE IS TWO LONG STORY, YOU KNOW, I THINK SOMEBODY NEEDS TO MUTE.

THANK YOU.

I'M SORRY, GO AHEAD.

I DON'T KNOW WHERE WAS I SAID THE ABSOLUTE CONSTRUCTION.

YEAH.

EVERYTHING IS IN THE CONTRACT FOR PALLETIZING THE BRICKS ONE BY ONE, YOU KNOW, AND STORED IN OUR WAREHOUSES AND, UH, UNTIL THE STRUCTURE AT THE NEW STRUCTURE GOES UP, AND THEN WE WILL PUT THE BRICKS BACK IN.

AND, UH, I I WAS DEALING WITH STEVE SADOWSKI AND HE'S NO LONGER WITH US, UNFORTUNATELY.

AND, AND, UH, OUR ARCHITECT DONNA CARTER, WE'VE WORKED WITH HER.

WE HAVE PLANS.

WE'VE STARTED WITH TOM HATCH, BOTH WELL ACCOMPLISHED, UH, HISTORICS.

I DON'T KNOW WHERE, HOW FAR YOU WANT ME TO GO? UM, YOU DON'T HAVE TO GO IN DEPTH.

WE HAVE THE DOCUMENTS HERE.

THANKS FOR PROVIDING THOSE MM-HMM.

.

UM, I WAS JUST WONDERING IF YOU HAD ANYTHING SPECIFICALLY YOU WANTED TO ASK CONSIDERING THAT, UM, STAFF'S ASKING US TO, TO, UM, GRANT THIS ORDER TO ASK YOU TO DO ALL THESE THINGS WITHIN 30 DAYS AND ALSO TO CARRY OVER THE FINES FROM THE PREVIOUS ORDERS FROM 2021.

SO THAT'S ALSO IN THERE, BUT WE'LL HAVE MORE TIME TO ASK

[00:25:01]

YOU QUESTIONS IF WE NEED TO THE COMMISSION AS WELL.

OKAY.

I WAS JUST TRYING TO GUIDE YOU TO MAKE SURE THAT YOU HAD A, A SPECIFIC ASK OR SOMETHING OF YOUR OWN OR NOT MORE THAN THAN 30 DAYS.

.

THAT'S ALL RIGHT.

WE'RE, WE'RE MOVING AS FAST AS WE CAN.

I MEAN, WE'RE BUILDING THE BRACES.

IF THEY'RE NOT DONE BY THE END OF THIS WEEK, THEY'LL BE DONE, UH, BY THE END OF NEXT WEEK.

OKAY.

THEN WE HAVE TO START THE DEMO.

CAN I ASK HIM A QUESTION? NOT QUITE YET.

I MEAN, ONCE HE WRAPS ON, YES.

SO, YOU KNOW, I MEAN, WE'RE WORKING IN A ASSESS AS YOU CAN, BUT AS YOU DEMO THE BACK COMING FROM THE BACK, YOU GOTTA PUT UP A BRACE AND THEN REMOVE THE DEBRIS UNTIL I WANT, AND WE JUST KEEP MOVING TOWARDS THE FRONT.

I'LL HAVE TO GET WITH THE ABSOLUTE AND SEE WHERE THEY ARE ON AS FAR AS THE, UH, OVERHEAD PROTECTION ON THE SIDEWALK.

CAN'T START WITHOUT IT.

UM, AND THEN WE'LL BRACE EVERY 15, 16 FEET.

OKAY.

THANK YOU SO MUCH.

UM, I BELIEVE WE ALSO HAVE YOUR FATHER ON THE PHONE.

OH, YEAH, I THINK SO.

OH, MAYBE NOT.

I DON'T KNOW.

UH, LET'S SEE, HOLD ON.

DO WE HAVE A MR. WALLACE ONLINE? DALTON, YEAH.

IS THERE A DALTON WALLACE ON THE, UM, ON THE CALL LIST OR THE, NO.

OKAY.

THANK YOU.

ALL RIGHT.

I THINK, UM, THAT WAS GOOD.

SO WE'LL MOVE ALONG AND LET THE COMMISSIONERS ASK ANY QUESTIONS THEY HAVE OF, UM, THE OWNER OR CODE.

UM, ACTUALLY COMMISSIONER YEAH, LUGO ASKED FIRST, SO IF YOU WANNA GO AHEAD.

I GUESS A QUESTION FOR THE STRUCTURAL ENGINEERS AND THE, UM, INSPECTORS, LET'S SAY THAT THE, UM, MR. UH, WALLACE YES.

LET'S SAY THAT HE, YOU KNOW, CREATES THE BRACINGS.

IS THERE A WAY WE CAN, UH, DO THE INSPECTION FIRST, MAKE SURE THE WORK IS GOOD AND WE DON'T NECESSARILY DUPLICATE THE WORK IF WE DON'T HAVE TO? OR, OR WOULD WE HAVE TO INSTALL THE BRACING EVEN IF HE'S ALREADY MADE, LET'S SAY, PATHWAY PROGRESS ON IT? UH, SORRY, IS THIS MR. KAREEM HALLEY? I'M THE CITY STRUCTURAL ENGINEER.

OH, EXCELLENT.

ALL RIGHT.

WOULD YOU LIKE TO ADDRESS, DID YOU CATCH THAT QUESTION? UM, YES I DID.

UM, YEAH, AS LONG AS WE SEE SHORING DRAWINGS THAT ARE SIGNED AND SEALED BY AN ENGINEER, THAT THEY'RE DESIGNED TO WITHSTAND THE LOADS THAT ARE GONNA BE SUBJECTED TO THAT WALL, WE SHOULD BE GOOD WITH THAT.

WE'D LIKE TO DO AN INSPECTION OR AN OBSERVATION EITHER DURING THE INSTALLATION OR AFTER THE INSTALLATION.

THAT'S, THAT'S NOT A PROBLEM.

UH, YOU KNOW, IT'S BASICALLY A PLATE THAT FITS ON THE CONCRETE SL AND THEN THERE'S ONE THAT GOES TO THE FIRST FLOOR AND THEN ONE GOES TO THE TOP.

IT'S A DOUBLE TIER SYSTEM TRIANGLE.

YEAH.

AND THEN WE WILL REMOVE SOME DEBRIS, I BELIEVE ABSOLUTE CALLED 'EM LIVE LOADS, YOU KNOW, DURING THE DAY, DEAD LOADS AT NIGHT, PUT 'EM IN ANYWAYS, THEY, THEY, AND THEN WE'LL MOVE 15 OR 16 FEET IN THE BUILDINGS ARE 23 BY 160.

SO WE JUST KEEP INCHING TOWARDS THE, THE FRONT OF THE BUILDING TO GET RID OF ALL THE DEBRIS AND, AND SUPPORT THE SOUTH BUILDING.

9 0 5.

YEAH, THAT'S INDUSTRY STANDARD FOR THE SEQUENCING OF INSTALLING 'EM.

I HAVE THOSE DRAWINGS.

YEAH.

THANK YOU.

SO IF YOU COULD PROVIDE THEM, THAT WOULD BE WONDERFUL.

UH, LAST QUESTION FOR YOU, MR. WALLACE.

HAVE YOU, FOR WHATEVER FIRM YOU'RE CONTRACTING WITH, DO YOU HAVE A FORMAL PROJECT TIMELINE FOR WHAT GETTING TO CODE COMPLIANCE WOULD LOOK LIKE? UH, I DON'T AND THAT, THAT WOULD BE, UH, I, I, I, I DON'T KNOW HOW TO ANSWER THAT QUESTION CUZ WE HAVE TO GET THE OVERHEAD PROTECTION IN THE SIDEWALK WITH LIGHTS IN IT SO PEOPLE CAN WALK THROUGH AND THEN WE START.

SO ROUGHLY SPEAKING AGAINST THE QUESTION IS, SO IF 30 DAYS YOU THINK IS NOT ENOUGH, WHAT WOULD BE ENOUGH? OH, 60 FOR SURE.

OKAY, THANK YOU.

I MEAN, I'M, I'M, I'M COUNTING ON THAT.

ALL RIGHT.

BUT I CAN GET BACK WITH YOU ON A, ON A, YOU KNOW, WHEN I TALK TO ABSOLUTELY.

I DON'T WANNA THROW THEM UNDER THE BUS AND OR NOR MYSELF, BUT, UH, LIKE I SAID, IT'S, IT SEEMS TO BE GETTING, UH, REAL, REAL CLOSE.

ALL RIGHT.

COMMISS FRANCIS, GO AHEAD, LEWIS.

COVERING MY QUESTION.

A QUESTION FOR LAUREN IS 60 DAYS WITHIN OUR PURVIEW, UM, CAN YOU REPEAT THE QUESTION? YOUR MICROPHONE'S NOT ON.

IT IS OKAY.

YEAH, SHE ANSWERED THE QUESTION.

THANK YOU.

[00:30:04]

OKAY.

UM, AH, YEAH, COMMISSION BENIGNO, GO AHEAD.

I HAVE A QUESTION FOR MR. MOORE.

UM, WITH THESE DEMOLITIONS COME UP, USUALLY THE POINT IS MADE THAT, UM, EVEN THOUGH 30 DAYS IS THE TIMELINE, THAT THAT DOESN'T MEAN THAT ON THE 31ST DAY THAT THERE'S CITY DEMOLITION AT THE KNOCKING AT THE DOOR.

UH, IS THAT THE CASE IN THIS SCENARIO? AND WHAT DO YOU THINK THE LEAD TIME WOULD BE FOR BEFORE THE CITY WOULD GET INVOLVED IN DEMO DEMOLITION? UH, SORRY, MY, MY VOICE IS KIND OF APOLOGIZED FOR IT.

UM, ROBERT MOORE, DIVISION MANAGER HEARD DE DEVELOPMENT SERVICES DEPARTMENT? THAT'S CORRECT.

YEAH.

31ST DAY.

WE'RE NOT OUT THERE TEARING ANYTHING DOWN BY ANY MEANS.

WE HAVE TO GO THROUGH ALL THE PROCESSES OF LETTING ASBE TESTING, UM, SENT TO A LAB, ALL THAT.

BUT NEEDLESS TO SAY, IT TAKES SIX TO EIGHT MONTHS TO DEMO ANYTHING.

OKAY.

SO IT SOUNDS LIKE WE'VE GOT A 60 DAY ESTIMATE.

ROUGH NOT HOLDING YOU TO THAT.

WE'RE NOT, I CAN GET BACK WITH YOU.

NO, NO, NO, THAT'S ALL RIGHT.

IT SOUNDS LIKE WE, THERE'S NO CONFLICT HERE.

IT SOUNDS LIKE YOU'RE SAYING YOU THINK YOU'RE VERY CONFIDENT YOU'LL GET THIS DONE IN THE NEXT 60 DAYS.

THE CITY'S SAYING THAT THEY WOULDN'T BEGIN DEMOLITION UNTIL SIX OR EIGHT MONTHS FROM NOW IF, OH, YOU WEREN'T ABLE TO, SO IT SOUNDS LIKE NO, WE'RE, WE'RE WORKING ON IT EVERY DAY.

WELL, THEN IT, IT SOUNDS LIKE WE CAN ACCEPT THE STAFF'S RECOMMENDED, YOU KNOW, FINDINGS AND, AND CALL IT A DAY.

THAT, THAT'S JUST MY PERSONAL OPINION.

YOU DON'T HAVE TO RESPOND TO THAT.

I'M SORRY.

I MEAN, IF IT'S 61, I MEAN, RIGHT.

NO, THAT YOU, YOU'D STILL BE WELL WITHIN HOW, WHAT'D YOU SAY, MR. MOORE? IT WOULD TAKE A WHILE TO DEMO THAT FOR SURE.

ABSOLUTELY.

YEAH.

I MEAN, I'M NOT TALKING ABOUT COMPLETION, I'M TALKING ABOUT START DATE.

OKAY.

SO YOU JUST, LET'S GET THAT STRAIGHT.

SO YOU'D START IN 60 DAYS.

YEAH.

SO, OKAY.

THAT, I DON'T THINK THAT WAS, BRACES ARE BEING BUILT, LIKE I SAID, RIGHT.

BE DONE BY THE END OF THIS WEEK, IF NOT NEXT WEEK, RIGHT.

BEFORE WE COULD EVEN, UH, BUT WE'RE READY.

I UNDERSTAND THAT.

SO ONCE DEMOLITION STARTS THEN, SO IN 60 DAYS, SAY, UH, YOU KNOW, IN YOUR TIMELINE, WELL, LET ME LOOK, JUST A ROUGH ESTIMATE SO WE CAN FIGURE OUT IF WE DO NEED TO GRANT AN EXTENSION OR, OR IF WE CAN JUST ACCEPT STAFF'S RECOMMENDED ORDER, BECAUSE IT SOUNDS LIKE TO ME THERE MAY NOT BE ANY CONFLICT.

YEAH, I'M GONNA HAVE TO GET BACK WITH YOU ON THAT BECAUSE IT TAKES A WHILE TO GET THE OVERHEAD PROTECTION ELECTRICAL, AND I'M NOT SURE WHEN THAT'S GONNA BE FINISHED, BUT I KNOW JEREMIAH HAS ALREADY BEEN WORKING ON IT AND THE OWNERS AS WELL.

OKAY.

THEY'RE IN AND THEY'RE READY TO GO.

AND, AND I'M SORRY, I'M SURE THIS WAS COVERED.

WHEN, WHEN WAS THE FIRE? YOU'D HAVE TO LET ME GO THROUGH MY PHONE ON PICTURES, ROUGHLY I SAW SOMETHING MAIL.

I DON'T KNOW.

DO YOU KNOW WHAT MONTH IT WAS IN MARCH? THIS YEAR? IN MARCH.

SO, SO IN BETWEEN 2020 AND MARCH OF THIS YEAR, THE, THE PROPERTY HAD A REPAIR ORDER THAT WAS APPARENTLY IGNORED.

IS THERE A REASON BEHIND THAT? WAS A REPAIR ORDER? A 2021? UH, MY PARTNER MIGHT KNOW.

I, I DON'T KNOW.

OKAY.

ALL RIGHT.

UH, WE'VE BEEN WORKING ON REBUILDING IT.

NO, UNDERSTOOD.

I, I DIDN'T KNOW.

SO WE, YOU KNOW, I'D, I'D LIKE TO HEAR IF THERE WERE EXTENUATING CIRCUMSTANCES AND IT SOUNDS LIKE MAYBE THERE, THERE WEREN'T AND THAT, WHICH IS, WE'RE JUST TRYING TO CONSIDER OUR, THE ANGLE.

I'VE CHANGED THE LOCK SO MANY TIMES AND THEY'VE BEEN BOARDED UP SO MANY TIMES.

IT'S, IT MAKE A HEAD SPIN.

OKAY.

THEY THANK YOU.

THEY BREAK IN AND YOU, YOU JUST CAN'T STOP THEM.

ALL RIGHT.

THAT'S ALL I HAVE.

OKAY.

I THINK WE COVERED EVERYTHING.

DO WE HAVE STAFF HERE FROM THE PLANNING DEPARTMENT ONLINE? IT IS THAT, MS. CONTRERAS, WOULD YOU LIKE TO ADD ANYTHING AT ALL FOR, FOR THE COMMISSIONERS TO CONSIDER OR ARE WE GOOD? NOTHING.

OKAY.

CHAIR.

OH, YES, PLEASE GO AHEAD.

OH, NO, I JUST WANTED TO, UH, LET THE COMMISSIONERS ASK ANY QUESTIONS IF THEY NEED.

BUT, UM, OUR DEPARTMENT IS ALSO IN SUPPORT OF THE STAFF REQUEST, UH, FOR THIS.

ALL RIGHT.

THANK YOU.

UM, I DON'T QUITE HAVE ANY QUESTIONS EITHER, BECAUSE IT SEEMS LIKE EVERYBODY'S ON THE SAME PAGE AS TO WHAT NEEDS TO BE DONE, AND THERE'S JUST MAYBE A LITTLE DISCREPANCY THERE AS FAR AS THE TIMING, BUT WE DON'T HAVE A LOT OF LEEWAY AS COMMISSIONERS IF WE DON'T REALLY KNOW THE TIMELINE FOR THE SCOPE OF WORK TO BE DONE BY YOUR, YOU KNOW, CONTRACTOR THAT YOU HAVE A CONTRACT WITH, OR I THINK IT WAS A BID ACTUALLY, BUT, UM, A BID THAT EXPIRES IN 30 DAYS.

SO I THINK WE'LL GO AHEAD AND, UM, OH,

[00:35:02]

DISTRICT MANAGER, OF COURSE.

UM, COMMISSIONER O LUGA, GO AHEAD.

UH, I JUST WANTED A LITTLE, LITTLE BIT OF CLARIFICATION.

UH, DISTRICT MANAGER, UH, WHAT IS THE EXACT PROCESS, A 31ST DAY, AND LET'S SAY THEY HAVE, YOU KNOW, REACHED CODE COMPLIANCE, WHAT'S THE SORT OF PROCESS FOR PREVENTING AN DEMOLITION? SO THIS, UM, THIS PROPERTY'S KIND OF TAKEN US INTO UNCHARTED WATERS.

UH, TYPICALLY, YOU KNOW, WE HAVE A PROCESS FOR DEMO, BUT BECAUSE THIS IS GONNA REQUIRE BRACING AND THINGS LIKE THAT, WE DON'T EVEN HAVE A CONTRACTOR THAT REALLY DOES THAT.

SO WE'RE GONNA HAVE TO GO OUTSIDE OF THE CONTRACTORS WE TYPICALLY USE.

UM, BUT AS FAR AS YOU KNOW, WE'RE, WE'RE GONNA LOOK TO BRACE IT AS SOON AS POSSIBLE.

OKAY.

UM, I HEARD THE WORD SMOOTH COME COMING FROM OVER THERE, AND I JUST DON'T AGREE.

UH, THIS THING'S, YOU KNOW, FOR FIVE, SIX PLUS YEARS THEY'VE HAD A, UH, CERTIFICATE OF APPROPRIATENESS TO MAKE THE REPAIRS AND THEY DIDN'T DO IT.

AND NOW THEY, THEY'VE PUT THE PUBLIC'S, THE HEALTH AT RISK.

THEY PUT FIRE DEPARTMENT, UH, PERSONNEL AT RISK.

UM, AND A, A LOT OF THE DANGER COMES FROM THE STRUCTURAL THAT'S RIGHT.

INTEGRITY OF, OF THE BUILDING.

YES.

THAT IT'S BECAUSE IT'S SORT OF ATTACHED TO EVERYTHING ELSE IF SOMETHING HAPPENS.

SO IT COULD TAKE A RIPPLE OUT EFFECT.

CORRECT.

AND YOU KNOW, THERE'S, IT'S, THE FACADE IS RIGHT NEXT TO THE, YOU KNOW, A LOT OF PEOPLE WALK DOWN CONGRESS MM-HMM.

, YOU KNOW, CONGRESS HAVE, SO, UH, IT'S, IT'S A HUGE DANGER.

AND I UNDERSTAND THAT PEOPLE BREAK IN AND WHATNOT, BUT IF YOU REPAIR THINGS, THEY STOP DOING THAT.

THANK YOU.

ALL RIGHT.

WAIT.

AND SO, UH, WOULD THEY JUST EMAIL YOU FOR STOPPING A DEMOLITION, LET'S SAY EV EVERYTHING GOT BACK IN ORDER OR LIKE, WHAT WOULD BE THE PROCESS? Y YOU'RE TALKING IF THEY WORK, YEAH, LET'S SAY, LET'S SAY THEY GET EVERYTHING WORKING ON THE 31ST DAY.

HOW DID THEY STOP? YEAH, I MEAN, WE'RE GONNA MONITOR IT CLOSELY AND IF WE'RE SEEING PROGRESS, WE'RE NOT GONNA DO ANYTHING.

OKAY.

WE'RE GONNA PERFECT.

WE'RE GONNA HOLD IT OFF.

THANK YOU, SIR.

I MOVE TO CLOSE THE QUESTION.

ANSWER.

OH, COMMISSIONER BENIGNO.

YEAH, GO AHEAD WITH YOUR MOTION A SECOND.

YEAH.

MOVE TO CLOSE THE QUESTION.

ANSWER.

OKAY.

WE'RE CLOSING THE PUBLIC PART OF THE HEARING AND WE HAVE A SECOND FROM, I MEAN, WE HAVE A MOTION TO CLOSE IT, AND THEN WE HAVE A SECOND AS WELL.

SO IS EVERYBODY FINE WITH CLOSING THE PUBLIC HEARING? COMMISSIONERS ANY OBJECTIONS? COMMISSION? YOU'RE FINE WITH THAT TOO.

THANK YOU.

ALL RIGHT.

WE'VE CLOSED THE PUBLIC PART OF THE HEARING AND NOW, UM, ANY COMMENTS? I CAN ALSO ENTERTAIN A MOTION, UM, ON THIS ONE AS WELL.

I MOVE TO CLOSE THE HEARING AND ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSION IN RECOMMENDED ORDER.

I'LL SECOND.

SECOND.

UM, OKAY.

I'M NOT SURE, DID COMMISSION DID YOU SAY SOMETHING? OH, I ATTEMPTED TO SECOND, BUT I THINK SOMEBODY IN THE ROOM ALSO DID.

OKAY.

YES, WE HAVE A FIRST FROM, UH, COMMISSIONER BENIGNO.

WE HAVE A SECOND FROM COMMISSIONER FRANCIS.

AND OF COURSE WE CAN STILL DISCUSS OR, UM, I CAN ALSO TAKE A VOTE DEPENDING ON HOW EVERYBODY'S LEANING.

ALL RIGHT, WELL I'LL CALL THE VOTE.

SO, COMMISSIONER, STILL STAT, HOW DO YOU VOTE? VOTE AYE.

THANK YOU.

COMMISSIONER CAMPBELL? UH, I VOTE.

AYE.

THANK YOU.

COMMISSIONER FRANCIS VOTE AYE.

AND I'LL ALSO BE IN FAVOR, UH, COMMISSIONER BENIGNO.

AYE.

COMMISSIONER SIG, I VOTE.

AYE COMMISSIONER I'M IN FAVOR.

THANK YOU.

SO THAT ONE IS UN UH, UNANIMOUS.

UM, SO MR. WALLACE, THANK YOU FOR BEING HERE AND GIVING US AN UPDATE AND I HOPE THAT YOU CONTINUE WITH THE PROGRESS THAT YOU'RE MAKING.

UM, WE UNDERSTAND THAT IT'S AN URGENT SITUATION, SO IF YOU CAN GET THAT DONE SOONER, THEN YOU DON'T HAVE TO COME BACK TO SEE US AT ALL.

YES.

UH, AND THANK YOU EVERYONE, AND I'LL BE IN TOUCH WITH, UH, MS. PRESLEY AND MR. MOORE.

ALL RIGHT, THANK YOU.

TAKE CARE.

I HAD THEIR EMAILS.

ALL RIGHT.

THANK YOU ALL AND HAVE A GOOD NIGHT.

THANK YOU.

THANKS.

STEP ITEM NUMBER THREE ON THE

[3. Case Number: CL 2023-040110]

AGENDA IS CASE NUMBER C 20 23 0 4 0 1 1 10 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 12 7 15 MAGNOLIA MOUND TRAIL.

THE EXHIBITS CAN BE FOUND IN THE MAGENTA BOOK IN YOUR READERS IN GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS HOMESTEADED, BUT IS ALSO UNOCCUPIED.

THE CASE WAS OPENED IN SEPTEMBER, 2022 AS A RESULT OF A COMPLAINT.

THIS CASE WAS PUT ON FOR THE COMMISSION LAST MONTH, BUT DUE TO A TECHNICAL ISSUE, WE ARE PRESENTING IT AGAIN AS THOUGH IT WERE A NEW CASE FOR THE COMMISSION'S CONSIDERATION.

THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY, HOWEVER, THE DEVELOPMENT SERVICES DEPARTMENT HAS MADE CONTACT WITH THE OWNER AND I BELIEVE THEY ARE PARTICIPATING BY TELEPHONE.

UH, CONDITIONS ARE CONSIDERED SUBSTANDARD AND

[00:40:01]

REQUIRE REPAIR.

IN YOUR GOOGLE DRIVE FOLDER, YOU AND OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THAT NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, AND A PROOF OF MAILING FOR EACH AND THE REQUIRED POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO H AND THE RECOMMENDED ORDER CODE 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.

MY NAME IS LAUREN TAGGART AND I'M THE CODE ENFORCEMENT OFFICER FOR THE NORTH DISTRICT FOR THE AUSTIN CODE DEPARTMENT OR DEVELOPMENT SERVICES DEPARTMENT, AUSTIN CODE DIVISION.

TONIGHT I WILL BE PRESENTING THE CASE FOR 1 27 15 MAGNOLIA MOUND.

I WOULD LIKE TO START OUT BY INFORMING YOU THAT ONE OF THE OWNERS IS LISTED ON THE TRAVIS COUNTY APPRAISAL.

SI APPRAISAL DISTRICT HAS BEEN CONFIRMED DECEASED, AND WE HAVE ANOTHER OWNER WHO IS HERE TONIGHT WHO IS GOING TO BE VISITING US WITH PHONE WITH MORE INFORMATION.

ON JUNE 8TH, 2022, I RECEIVED THE CASE THROUGH THE AUSTIN THREE 11.

I RESPONDED TO A 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 THE PROPERTY I ABOR, I OBSERVED A TWO-STORY AND RESIDENTIAL STRUCTURE STRUCTURE WITH GRASS AND WEEDS, TRASH DEBRIS ALONG WITH AIR TANKS, DOORS, BUCKETS, AND A LARGE LOCKER CABINET STORED IN THE DRIVEWAY AS WELL AS AN INOPERABLE BLACK VEHICLE.

I FOUND DAMAGE TO INCLUDE BROKEN WINDOWS TO THE PANELS OF THE GARAGE DOOR.

THERE IS DAMAGE TO THE EXTERIOR SIDING IN THE FRONT AND SIDE AREAS OF THE STRUCTURE.

I OBSERVED HOLES IN THIS SIDING IN THE CORNER NEAR THE EAVES WHERE RO RODENTS WERE GAINING ACCESS INTO THE INTERIOR STRUCTURE SPACE.

TODAY I'LL BE PRESENTING PHOTOS MARKED TWO A THROUGH TWO L DEPICTED IN THE CURRENT CONDITIONS OF THE PROPERTY AND STRUCTURE TWO A IS A CONJECT PHOTO SHOWING THE TWO-STORY UNOCCUPIED STRUCTURE WITH BROKEN WINDOWS AND PANELS IN THE GARAGE DOOR.

THERE ARE ITEMS BEING STORED IN THE DRIVEWAY THAT HAVE NOT MOVED SINCE THE CASE HAS BEEN OPENED.

YOU CAN ALSO SEE THE BLACK VEHICLE THAT HAS BEEN PARKED STORED IN THE DRIVEWAY SINCE THE BEGINNING OF THE CASE.

I HAVE REFERRED THAT TO THE AUSTIN POLICE DEPARTMENT.

I'M NOT SURE WHAT THE CURRENT STATUS IS AT THIS TIME.

YOU CAN SEE THE DAMAGE TO THE DETERIORATION OF 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.

TWO B SHOWS A SIDE PROFILE PHOTO SHOWING THE FRONT YARD OVERGROWN WITH GRASS WEEDS AS WELL AS VEGETATION THAT HAS NOT BEEN MAINTAINED.

I HAVE GONE BACK TO THIS PROPERTY SEVERAL TIMES AND THE GRASS IS MAINTAINED AND THEN IT'S OVERGROWN, IT'S MAINTAINED, AND THEN IT'S OVERGROWN.

SO IT'S NOT CONSECUTIVE TIMES THAT I'VE GONE OVER THERE.

AND THAT PROPERTY HAS BEEN MAINTAINED TO SEE IS A SIDE CONJECTURE PHOTO SHOWING A HOLE IN THE SIDE OF THE SIDING, AS WELL AS THE GAS AND THE ELECTRICAL THAT IS NOT ATTACHED AND IT'S, THERE IS NO, UH, UTILITIES GOING TO THIS HOUSE AT THIS TIME.

TWO E TWO D IS A PICTURE OF THE FRONT SHOWING THE SIDING THAT HAS GOT A HOLE BY THE EAVES BY THE FRONT DOOR, ABOVE THE FRONT DOOR AND NEXT TO THE WINDOW.

NEXT TWO E IS A CONJECT PHOTO OF THE FRONT DOOR.

YOU CAN SEE THAT THERE'S A BROKEN WINDOW IN THE GARAGE DOOR.

THERE'S BROKEN PANELING.

THERE IS ITEMS THAT ARE BEING STORED IN THE FRONT OF THE PROPERTY AS WELL AS DETERIORATION TO THE SIDING NEXT TO THE WINDOW ON THE SECOND STORY.

NEXT, NEXT, THIS IS ANOTHER CON CONTRACTUAL PHOTO TWO F SHOWING THE HOLE THAT'S BELOW THE FRONT WINDOW IN THE FRONT OF THE STRUCTURE.

NEXT, THIS IS A SIDE PHOTO ON THE RIGHT SIDE OF THE PROPERTY.

YOU CAN SEE ON THE SECOND STORY, THERE IS A HOLE IN THE SIDING UNDERNEATH THE EAVE THAT'S ALLOWING ANIMALS AND RODENTS TO GAIN ENTRY INTO THE STRUCTURE.

NEXT, THIS IS A CLOSEUP PHOTO SHOWING ONE OF THE RODENTS IS TRYING TO GAIN ENTRY INTO THE STRUCTURE.

NEXT.

[00:45:02]

AND THAT CONCLUDES MY PRESENTATION.

THANK YOU INSPECTOR TAGGART.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THE PHOTOGRAPHS AND THOSE DESCRIBED, DESCRIBED IN THE FINDINGS OF FACT, THE COURT OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND, AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.

STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE OBTAINED AND FINALIZE ALL NECESSARY PERMITS.

TWO, REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

THREE REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.

ASSESS, ASSESS A CIVIL PENALTY OF $280 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIR THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU.

I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO H.

UM, AND I BELIEVE WE HAVE MR. WILSON ON THE PHONE OR ONLINE.

NO, NO.

WHAT ABOUT, EXCUSE ME? WHAT ABOUT MS. CULVER? NO.

OKAY.

ONE MOMENT.

LET'S SEE.

HMM, I THINK THAT'S IT.

OKAY.

WELL, UM, OKAY, WE'LL GO AHEAD AND CONTINUE AND IF, UM, UH, MR. WILSON COMES ON, PLEASE LET US KNOW.

UH, MS. CULVER.

OKAY.

THANK YOU.

ALL RIGHT.

UM, THANK YOU STAFF.

THANK YOU INSPECTOR TAGGART.

I HAVE A QUICK QUESTION.

UM, IT LOOKS LIKE YOU'VE NEVER BEEN ABLE TO MAKE CONTACT DIRECTLY WITH THE OWNERS, IS THAT RIGHT? UM, I ACTUALLY HAVE BEEN IN CONTACT WITH THE OWNER IN THE PAST 48 HOURS WHO HAS CONTACTED ME TO LET ME KNOW THAT THEY HAVE OBTAINED A CONTRACTOR TO START CLEANING UP THE PROPERTY.

UM, I CAN'T SHOW YOU THE CHECK, BUT UM, SHE DID SEND ME AN EMAIL WITH THE CHECK AMOUNT OF $500 IN ORDER TO CLEAN UP THE PROPERTY.

UM, I INFORMED HER THAT I'D BE GOING BY THE PROPERTY TODAY, WHICH I DID THIS MORNING.

AND ALL THE ITEMS THAT WERE LOCATED IN THE DRIVEWAY AND IN THE FRONT YARD AREA ARE STILL THERE.

THEY'RE JUST IN A LARGE PILE IN THE DRIVEWAY RIGHT IN FRONT OF THE GARAGE DOOR.

I HAVE SINCE CONTACTED HER TO LET HER KNOW THAT THE CONTRACTORS HAVE NOT REMOVED ANYTHING AND SHE SAID THAT SHE'S GONNA BE GETTING WITH THEM AND TALKING WITH THEM ABOUT THE CURRENT CONDITIONS OF THE PROPERTY AND MOVING FORWARD.

ALL RIGHT.

THANK YOU.

UM, COMMISSIONERS, ANY QUESTIONS FOR THE INSPECTOR OR STAFF? OH, COMMISSIONER BENIGNO, GO AHEAD.

UM, IN TERMS OF TIMELINE THAT WE COULD EXPECT, ARE YOU, THAT'S HOW I'M THINKING OF THIS.

ARE YOU AWARE, LIKE AWARE OF WHAT REPAIRS WOULD NEED PERMITS DONE HERE? CAN YOU ASK THAT QUESTION AGAIN? I CAN BARELY HEAR YOU.

I'M SORRY.

SO IT SAYS, YOU KNOW, THE RECOMMENDED ORDER IS TO OBTAIN ALL NECESSARY PERMITS.

UM, BUT JUST FROM THE PHOTOGRAPHS, I'M NOT SURE, WHAT REPAIRS DO YOU THINK WOULD REQUIRE PERMITS, UH, FOR THIS PROPERTY? OH, WELL, TO GET THE UTILITIES BACK ON AND THEN THE SIDING TO REPAIR SOME OF THE SIDING WOULD NEED TO GET, PLUS WHATEVER'S ON THE INTERIOR, WHICH WE HAVEN'T EVEN GOTTEN THAT FAR YET.

OKAY, THANK YOU.

OKAY.

IT LOOKS LIKE WE, WE DON'T HAVE ANY QUESTIONS.

SO, UM, MY SENSE IS THAT IF THE OWNERS DON'T CARE ENOUGH TO SHOW UP, THEN OUR HANDS ARE TIED TO A CERTAIN EXTENT AS COMMISSIONERS.

SO, UM, AND LOOKING AT THE FACT THAT THIS HAS BEEN GOING ON FOR A WHILE ALSO, I THINK I'LL CONSIDER THOSE THINGS.

YES.

COMMISSION, ELLI, I MOVE THAT WE CLOSE THE HEARING AND ADOPT THE STAFF'S PROPOSED OF FINDINGS AND FACT AND CONCLUSIONS IN THE RECOMMENDED ORDER.

OKAY.

UM, WE HAVE A MOTION, WE HAVE A SECOND FROM COMMISSIONER FRANCIS.

UM, ANY COMMENTS OR ANY AMENDMENTS, FRIENDLY AMENDMENTS OR IF SO OKAY, GOOD.

WE'LL GO AHEAD AND, UM, TAKE THE VOTE.

SO WE'LL START WITH COMMISSIONER AL LUGA.

I'M IN FAVOR.

THANK YOU.

COMMISSIONER SALE.

I'M IN FAVOR.

AYE.

[00:50:01]

COMMISSIONER BENIGNO IN FAVOR? I'M IN FAVOR.

AND COMMISSIONER FRANCIS.

AYE.

COMMISSIONER CAMPBELL? I'M IN FAVOR.

OKAY, COMMISSIONER STILL STADEN.

AYE.

THANK YOU.

WE HAVE, UM, THE ORDER APPROVED, SO THANK YOU SO MUCH.

THANK YOU COMMISSIONERS.

HAVE A GOOD EVENING.

THANK YOU.

JUST TO VERIFY, WE ADMITTED ALL EVIDENCE AND EXHIBITS AND EVERYTHING, RIGHT? YEAH, WE ADMITTED .

OKAY.

I MADE SURE TO ADMIT EXHIBIT ONE AND TWO A THROUGH TWO H.

ALL RIGHT.

THANK YOU.

THANK YOU FOR WORKING ON THIS.

UH, INSPECTORS TIGER.

OKAY, I THINK WE, WE ARE GOOD WITH THAT ONE.

AND THEN THE NEXT AGENDA ITEM, MADAM CHAIR? UM, YES.

ITEM NUMBER FOUR I BELIEVE IS UNREPRESENTED.

WOULD YOU LIKE TO MOVE TO NUMBER FIVE? OH, YEAH.

UM, LET'S JUST MOVE ON, RIGHT, YOU'RE RIGHT.

NUMBER FIVE, WE'LL TAKE FIRST AND THEN WE'LL DO NUMBER FOUR.

LAST.

VERY GOOD, THANK YOU.

ITEM NUMBER FIVE

[5. Case Numbers: CL 2023-040275 and CL 2023-038121]

ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY AT 11, EXCUSE ME, 1 20 21 AGARITA AVENUE, ALSO KNOWN AS CASCADE APARTMENTS AND ALSO KNOWN AS 1 20 22 AGARITA AVENUE.

THIS PROPERTY CONSISTS OF ONE PARCEL CONTAINING TWO SETS OF APARTMENT BUILDINGS.

TONIGHT TO COMMISSION WILL BE ADDRESSING EXTERIOR VIOLATIONS, WHICH IS OUR CASE NUMBER 2 2 3 0 4 0 2 75, AND VIOLATIONS AT BUILDING 14 UNIT 2 77, WHICH IS CASE NUMBER 20 23 0 3 8 1 2 1.

THE EXHIBITS FOR BOTH CASES CAN BE FOUND IN THE BLUEGREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.

LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.

THIS COMMERCIAL MULTI-FAMILY PROPERTY IS PART OF THE REPEAT, REPEAT OFFENDER PROGRAM AND CONSISTS OF 15 BUILDINGS AND 198 O UNITS.

OVERALL, THE TWO CASES WERE OPENED IN JUNE AND JULY OF 2022 RESPECTIVELY AS A RESULTS OF COMPLAINTS, UNIT 2 77 IS CURRENTLY OCCUPIED.

BOTH CASES ARE SUBSTANDARD AND REQUIRE REPAIR.

NO PERMITS HAVE BEEN OBTAINED FOR THE REQUIRED REPAIRS TO DATE IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE AND THREE AND CASE HISTORIES.

COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOF OF MAILING FOR EACH NOTICE, AND REQUIRED PUBLIC, EXCUSE ME, REQUIRED POSTINGS AND A STRUCTURE MAP TO THE PROPERTY AND EXHIBITS TWO A THROUGH TWO N AND FOUR A THROUGH FOUR I, WHICH CONSISTS OF PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS AND THE RECOMMENDED ORDERS CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.

INSPECTOR FINN, PLEASE BEGIN.

GOOD EVENING COMMISSIONERS.

MY NAME IS ERIC FINN.

I'M A CODE INSPECTOR.

GOOD EVENING COMMISSIONERS.

MY NAME IS ERIC FINN AND I'M A CODE INSPECTOR WITH THE CEO OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT.

THE CASES BEING BROUGHT BEFORE YOU TODAY CONCERN A COMMERCIAL MULTI-FAMILY PROPERTY LOCATED AT 1221 AITA AVENUE.

BOTH CASES INITIATED THROUGH A THREE 11 COMPLAINT AS A RESULT OF CODE VIOLATIONS, WHICH, EXCUSE ME, WHICH RESULTED IN CODE VIOLATION NOTICES BEING SENT TO THE LISTED PROPERTY OWNER PER TCA FROM MY INITIAL INSPECTION.

IN THESE CASES, I DOCUMENTED EACH CASE UPDATED AND CORRECTED NOTICES OF VIOLATION AND HAD NOTICES OF VIOLATION MAILED TO THE PROPERTY OWNER DETAILING THE DESCRIPTIONS OF VIOLATIONS AND RECOMMENDA RECOMMENDED RESOLUTIONS.

ADDITIONALLY, I HAVE COMMUNICATED IN PERSON BY EMAIL, BY PHONE, WITH PAST AND CURRENT PROPERTY MANAGERS OF CASCADE APARTMENTS AT 1 2 21 AGITA AVENUE.

YET VIOLATIONS REMAIN AND ARE SOME MAY BE PARTIALLY COMPLETED.

I WILL NOW PRESENT MY EXHIBIT PHOTOS OF FOLLOW UP INSPECTIONS AND DISCUSS THE VIOLATIONS DEPICTED.

THE FIRST SET OF PHOTOGRAPHS ARE FROM AN INSPECTION CONDUCTED, UM, MAY 11TH, 2023 OF THE EXTERIOR AREAS OF 1 20 21 AGRE AVENUE.

THESE PHOTOS WILL BE A ONE THROUGH N NEXT.

PHOTO TWO A IS A CONTEXTUAL VIEW OF THE CORRECTION.

TWO B

[00:55:01]

IS A CONTEXTUAL VIEW OF THE LAUNDRY ROOM BEHIND BUILDING TWO WITH LOOSE OR DETACHED ROOF SHINGLES.

THIS CAN LEAD TO ROT OR DECAY OF THE ROOFING DECK.

NEXT PHOTO.

THIS IS JUST A CLOSEUP OF THE PHOTO WITH ROOF, ROOF SHINGLES.

NEXT PHOTO PHOTOGRAPHS 2D THROUGH F CONT OR CONTEXTUAL VIEWS RATHER OF EXTERIOR OF THE EXTERIOR WALL.

WALLS OF 2D STORAGE, BUILDING BEHIND BUILDING TWO AND THE LAUNDRY ROOM WITH HOLES, CRACKS, AND WOOD DECAY.

SUCH DEFECTS COULD LEAD TO DETERIORATION OF THE WOOD STRUCTURAL COMPONENT, ALLOW ACCESS OF RODENTS OR INSECTS OR BECOME FIRE HAZARDS IF NOT PROPERLY REPAIRED.

NEXT PHOTO, NEXT PHOTO.

NEXT PHOTO PHOTOS TWO G THROUGH N OR CONTEXTUAL VIEWS OF MULTIPLE OUTDOOR CLEANOUTS OR SECTION PIPES WITHOUT SECURE REMOVABLE COVERS THROUGHOUT THIS PROPERTY.

NEXT PHOTO.

AND YOU'LL NOTE SOME OF THESE ARE CAST IRON AND SOME ARE PLASTIC WITHOUT UH, COVERS.

NEXT PHOTO, NEXT PHOTO, NEXT PHOTO.

WE'LL NOW MOVE ON TO UNIT 2077 AT AGARITA A, EXCUSE ME, 1 2 21 AGARITA AVENUE.

THE FIRST PHOTO FOUR A IS JUST A CONTEXTUAL VIEW OF THE FRONT OF THE MAINTENANCE ROOM SLASH LAUNDRY AND LEASING OFFICE LOCATED AT THIS ADDRESS.

NEXT PHOTO FOUR B IS A CONTEXTUAL VIEW OF THE FRONT DOOR ENTRANCE TO UNIT 2 77.

NEXT PHOTO, PHOTOS FOUR C THROUGH G REPRESENT INFESTATION AT UNIT 2 77.

NEXT PHOTO, NEXT PHOTO, NEXT PHOTO, NEXT PHOTO.

NEXT PHOTO PHOTOS FOUR H THROUGH FOUR I OR REPRESENTATION OF A, UH, ELECTRICAL OUTLET RECIPROCAL AT UNIT 2 77, UH, THAT HAS BEEN DETACHED FROM THE WALL AND IS NOT CURRENTLY OPERATING.

NEXT PHOTO, THE NEXT SET OF PHOTOS FOR UNIT 2 77.

OH, THAT, THAT'S IT.

UH, IN REFERENCE TO THE ELECTRICAL SEP, THE ELECTRICAL RECEPTACLE OUTLET, UH, LOOSE OR POORLY MOUNTED ELECTRICAL BOXES CAN LEAD TO DANGEROUS WIRE ISSUES OR SUCH AS CONNECTIONS OR INTERMITENT POWER, FIRE HAZARDS OR OVERHEATED CONNECTIONS OR POTENTIAL.

UH, ELECTROCUTION.

UH, THIS CONCLUDES MY PRESENTATION PENDING YOUR QUESTIONS.

THANK YOU.

THANK YOU INSPECTOR FINN.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS, IN FACT, THE CODE OFFICIAL FOUND THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH FOUR I CONSISTING OF EXHIBITS ONE AND THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO N AND FOUR A THROUGH FOUR.

I CHAIR, MAY I MAKE A REQUEST? SURE.

SINCE BOTH OF THE RECOMMENDED ORDERS ARE THE SAME, PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER INTO THE RECORD WITH THE UNDERSTANDING THAT THE CITY IS REQUESTING SEPARATE ORDERS IN EACH CASE.

YES, THAT WILL BE PERFECT.

THANK YOU.

STAFF ALSO REQUESTED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND IN BOTH CASES, ORDER THE OWNER COMPLETE THE FOLLOWING, ONE OBTAINED AND FINALIZED ALL NECESSARY PERMITS.

TWO, REPAIR ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

THREE REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

ALL RIGHT, THANK YOU.

UM, JUST TO CLARIFY,

[01:00:01]

UM, WITH THE EXHIBITS ONE THROUGH FOUR I, THE FIRST SET WILL BE EXHIBIT ONE, EXHIBITS ONE AND THREE, OR ONE AND TWO.

ONE AND TWO.

ONE AND TWO, RIGHT.

OKAY.

SO I'LL ADMIT EXHIBITS ONE AND TWO AS WELL AS EXHIBITS TWO A THROUGH TWO N AND EXHIBITS FOUR A THROUGH FOUR.

I, I'M, I'M VERY SORRY I MADE A MISTAKE.

UH, IT'S ONE AND TWO A THROUGH TWO N AND THREE AND FOUR A THROUGH FOUR A.

OKAY.

ALL RIGHT.

SO LET ME TRY THAT AGAIN.

I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO N AS WELL AS EXHIBITS FOUR A THROUGH FOUR I N EXHIBIT THREE.

OKAY.

ALL RIGHT.

EXHIBITS, ALL THOSE EX EXHIBITS HAVE BEEN ADMITTED.

UM, NOW COMMISSIONERS CAN ASK QUESTIONS, BUT I THINK WE HAVE TWO REPRESENTATIVES, UM, FROM THE MANAGEMENT COMPANY, CORRECT? YES.

ALL RIGHT.

YOU MAY, UM, GO TO THE SEATS OVER THERE, PLEASE AND BOTH OF YOU ARE SPEAKING.

YES.

OKAY, SO WE HAVE MS LEISURE AND MS. LEISURE, I'M SORRY.

AND MS UH, DAVIS.

AND YOU CAN START WHENEVER YOU'RE READY.

SO GOOD EVENING.

UM, FIRST I WOULD LIKE TO SAY THAT WE PURCHASED THIS PROPERTY IN OUR FIRST FULL MONTH WAS JULY OF 2022.

UM, I'VE BEEN WITH THE COMPANY A VERY SHORT TIME.

I'M THE REGIONAL VICE PRESIDENT OVERSEEING THE RENOVATIONS OF SEVERAL PROJECTS IN AUSTIN.

SO WHAT I WOULD LIKE TO SAY IS THAT WE HAVE CURRENTLY GUARDIAN ROOFERS THAT ARE OCCUPYING AN APARTMENT THAT ARE ON SITE.

WE'VE ALREADY DONE OVER A HUNDRED THOUSAND DOLLARS WORTH OF REPAIRS AS THE CODE OFFICER KNOWS, WE'RE IN CONSTANT COMMUNICATION WITH HIM.

WE ARE NOT THE PRIOR OWNERSHIP THAT LET THIS PROPERTY GO INTO SUCH A ESTATE.

WE HAVE COME IN, WE HAVE PURCHASED IT.

WE ARE TRYING TO DO OUR BEST TO GET IT UP TO A BEAUTIFUL LIVING COMMUNITY OF AFFORDABILITY IN THE TRAVIS HEIGHTS AREA.

WE, UM, THIS CAME AS A SHOCK TO ME, WAS NOT PREPARED FOR THIS MEETING.

UM, I KNOW THAT THE PROPERTY MANAGER, JENNIFER, CAN SPEAK ON SOME OF THE RENOVATIONS, BUT I DO HAVE SEVERAL DOCUMENTATIONS FROM OUR CONSTRUCTION WITH PICTURES DATING BACK FROM APRIL UP UNTIL TODAY OF EVERYTHING THAT WE'VE DONE AND ARE DOING, WE'RE DOING EXTERIOR RAILINGS, STAIRCASES, EXTENSIVE, EXTENSIVE ANTERIOR REPAIRS.

SO THINGS LIKE SHINGLES THAT WILL BE FIXED THAT'S VERY SMALL.

UM, I WOULD LIKE TO REFERENCE THAT ONE PHOTO OF THE DEAD CARCASSES.

YOU CAN SEE THAT THAT WAS AN EXTERMINATION.

ANYTIME THERE'S AN INFESTATION, WE HAVE OUR PEST CONTROL COMPANY GO IN, SEAL UP ANY HOLES IN THAT APARTMENT.

UM, SO FROM THE PICTURES YOU CAN SEE THAT THOSE ARE ALL DEAD.

THANK YOU.

MS. LE.

UM, LAER, UH, MS. DAVIS, WHAT WOULD YOU LIKE US TO KNOW? I BEGAN AT THE PROPERTY IN MARCH, 2023, AT THE END OF MARCH.

I HAVE MET WITH ERIC SEVERAL TIMES AND WE'VE WALKED UNITS, I I CAN REFERENCE PARTICULAR, UM, UNIT 2 77.

THE LAST TIME ERIC VISITED, WE COULD NOT GET INTO THE APARTMENT.

THAT UNIT, I HAVE PROVIDED PROOF TO HIM THAT THE UNIT WAS TREATED.

I THEN NOTIFIED HIM THAT WE DID NOT HAVE A KEY TO THE APARTMENT.

SO SUBSEQUENT TREATMENTS THAT ARE SCHEDULED, WHICH PEST CONTROL IS AT THE PROPERTY EVERY MONDAY, WE DID NOT HAVE A KEY TO ACCESS THAT UNIT.

I DID FINALLY MAKE CONTACT WITH THE RESIDENTS.

I MADE A COPY OF THE KEY AND TREATMENT WILL RESUME.

UM, THE RESIDENTS ARE AWARE, WE USE GOOGLE TRANSLATE.

WE COMMUNICATED.

THEY'RE AWARE OF WHY PEST CONTROL DID NOT COME.

I CAN ATTEST TO THAT THE OUTLET IS REPAIRED.

I DID TELL THE, UM, I TOLD ERIC THAT LAST TIME HE WAS AT THE PROPERTY.

HOWEVER, WE COULD NOT, HE WON'T ENTER AN APARTMENT IF THE RESIDENT IS NOT THERE.

SO WE COULD NOT ENTER.

BUT I CAN'T ATTEST TO THAT.

I'VE BEEN IN THE APARTMENT.

IT IS, IT IS FIXED.

IT IS WORKING.

UM, THE OTHER ITEMS THAT ARE NOTED, SHE MENTIONED PROPERTY GUARDIANS.

THEY LIVE ON SITE.

THEY'RE THERE, THEY'VE BEEN WORKING SINCE, I THINK SHORTLY AFTER WE PURCHASED THE PROPERTY.

I, I'M NOT THERE.

I WASN'T THERE AT THE TIME.

I CAN'T GIVE YOU A DATE SPECIFICALLY.

UM, THE SHINGLES EASILY ADDRESSED.

I DO HAVE SMALL ITEMS SUCH AS THAT, THAT ALL I HAVE TO DO IS SEND A TEXT, SEND A PICTURE, AND THEY WILL GO AND ADDRESS IT.

UM, I DON'T SEE ANYTHING ON THERE THAT IS, IS DIFFICULT TO DO.

IT'S JUST A MATTER OF SINCE STARTING THAT PROPERTY ON MARCH 27TH, IT'S UM, IT'S A MATTER, THERE'S A STAFFING CHALLENGE.

SO OF COURSE, WHILE

[01:05:01]

WE'RE TRYING TO GET THE PROPERTY IN ORDER, UM, HAVING THE TEAM TO, TO ADDRESS CERTAIN ISSUES, IF IT'S NOT JUST REGULAR MAINTENANCE REQUESTS THAT HAPPENED DURING THE DAY, UM, THERE IS A LOT OF WORK GOING ON ON THE PROPERTY.

WE DID ASSUME THIS PROPERTY AS A REPEAT OFFENDER PROPERTY.

WE ARE DOING ABSOLUTELY EVERYTHING THAT WE CAN ON A DAILY BASIS TO BRING IT UP TO THE STANDARD FOR WHICH IT SHOULD BE.

UM, AND I THINK A LOT OF THIS WAS TRIGGERED BECAUSE RESIDENTS WERE NOT BEING TAKEN CARE OF AND THEN THEY WERE CALLING THREE 11 AND SUBMITTING THESE REQUESTS AND THEREFORE WE'VE, YOU KNOW, WE GOT INTO THIS PATTERN.

THAT DOESN'T HAPPEN.

I DON'T THINK I'VE HAD A RESIDENT CALL OR IF, IF AT LEAST VERY FEW, NOW THAT WE'RE PRESENT, WE ARE ON THE PROPERTY AND WE ARE ADDRESSING ITEMS AS THEY COME UP.

SERVICE REQUESTS ARE, ARE ON POINT.

THERE ARE, THERE ARE NOT THOSE REQUESTS.

SO WE ARE WORKING AS HARD AS WE CAN.

AND SO I WOULD LIKE FOR THAT TO BE RECOGNIZED THAT WE ARE NOT THE PREVIOUS OWNER AND WE ARE DOING WHAT NEEDS TO BE DONE AS FAST