[00:00:09]
[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.
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.
HI, MY NAME IS BLAINE CAMPBELL.
UM, I'M THE NEW COMMISSIONER AND I'M HAPPY TO BE HERE TONIGHT.
UM, AND, UH, COMMISSIONER LOUIS LUGO.
AND WE ALSO HAVE THE FIRE CHIEF WITH US HERE.
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.
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.
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.
IF THERE IS NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
[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.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.
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.
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.
SO IF YOU'RE, I MEAN, LET'S GO IN ORDER.
COMMISSIONER LEWIS OLUGO, UM, HOW DO YOU VOTE ON THAT MOTION? YAY.
COMMISSIONER BENIGNO IN FAVOR.
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.I WAS GONNA SAY WE, WE, WE HAVE TWO PEOPLE SIGNED UP FOR PUBLIC COMMUNICATION.
UM, WE HAVE ONLY TWO PEOPLE HERE AND WE HAVE MR. HECTOR AVILA AND THEN MR. LE.
HELLO, BOARD AND COMMISSIONERS.
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.
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.
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.
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.
SO I THINK, UM, THE COMMISSION
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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.
BUT MAKE SURE YOU DO CHECK TO SEE WHAT QUALIFIES FOR ANY KIND OF PENALTY FORGIVENESS BEFORE YOU COME.
UM, WE'RE WILLING TO DO WHATEVER SO WE CAN FINISH THIS UP.
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.
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.
I'M AVAILABLE FOR ANY QUESTIONS.
WE ALSO HAVE THE CITY STRUCTURAL ENGINEER THAT PERFORMED THE SITE INSPECTION AS AVAILABLE AS WELL.
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.
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.
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.
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.
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.
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.
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.
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.
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.
THIS IS PROBABLY THE CLOSEST I'VE FELT THAT EVERYTHING'S GONNA GET MOVING.
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.
I DON'T KNOW WHERE WAS I SAID THE ABSOLUTE CONSTRUCTION.
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'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.
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.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.
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.
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.
UM, AND THEN WE'LL BRACE EVERY 15, 16 FEET.
UM, I BELIEVE WE ALSO HAVE YOUR FATHER ON THE PHONE.
DO WE HAVE A MR. WALLACE ONLINE? DALTON, YEAH.
IS THERE A DALTON WALLACE ON THE, UM, ON THE CALL LIST OR THE, NO.
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
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.
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.
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.
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.
YEAH, THAT'S INDUSTRY STANDARD FOR THE SEQUENCING OF INSTALLING 'EM.
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.
I MEAN, I'M, I'M, I'M COUNTING ON THAT.
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.
COMMISS FRANCIS, GO AHEAD, LEWIS.
A QUESTION FOR LAUREN IS 60 DAYS WITHIN OUR PURVIEW, UM, CAN YOU REPEAT THE QUESTION? YOUR MICROPHONE'S NOT ON.
YEAH, SHE ANSWERED THE QUESTION.
[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.
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.
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.
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 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.
I MEAN, I'M NOT TALKING ABOUT COMPLETION, I'M TALKING ABOUT START DATE.
SO YOU JUST, LET'S GET THAT STRAIGHT.
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.
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.
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.
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.
UH, WE'VE BEEN WORKING ON REBUILDING IT.
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.
THEY BREAK IN AND YOU, YOU JUST CAN'T STOP THEM.
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.
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.
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.
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.
THAT IT'S BECAUSE IT'S SORT OF ATTACHED TO EVERYTHING ELSE IF SOMETHING HAPPENS.
SO IT COULD TAKE A RIPPLE OUT EFFECT.
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.
AND I UNDERSTAND THAT PEOPLE BREAK IN AND WHATNOT, BUT IF YOU REPAIR THINGS, THEY STOP DOING THAT.
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.
YEAH, GO AHEAD WITH YOUR MOTION A SECOND.
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.
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'M NOT SURE, DID COMMISSION
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.
COMMISSIONER CAMPBELL? UH, I VOTE.
COMMISSIONER FRANCIS VOTE AYE.
AND I'LL ALSO BE IN FAVOR, UH, COMMISSIONER BENIGNO.
AYE COMMISSIONER
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.
UH, AND THANK YOU EVERYONE, AND I'LL BE IN TOUCH WITH, UH, MS. PRESLEY AND MR. MOORE.
THANK YOU ALL AND HAVE A GOOD NIGHT.
[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.
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 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.
[00:45:02]
AND THAT CONCLUDES MY PRESENTATION.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.
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.
WHAT ABOUT, EXCUSE ME? WHAT ABOUT MS. CULVER? NO.
WELL, UM, OKAY, WE'LL GO AHEAD AND CONTINUE AND IF, UM, UH, MR. WILSON COMES ON, PLEASE LET US KNOW.
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.
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.
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.
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.
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.
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.
[00:50:01]
COMMISSIONER BENIGNO IN FAVOR? I'M IN FAVOR.COMMISSIONER CAMPBELL? I'M IN FAVOR.
OKAY, COMMISSIONER STILL STADEN.
WE HAVE, UM, THE ORDER APPROVED, SO THANK YOU SO MUCH.
JUST TO VERIFY, WE ADMITTED ALL EVIDENCE AND EXHIBITS AND EVERYTHING, RIGHT? YEAH, WE ADMITTED
I MADE SURE TO ADMIT EXHIBIT ONE AND TWO A THROUGH TWO H.
THANK YOU FOR WORKING ON THIS.
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.
[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.
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.
[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.
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 PHOTOS TWO G THROUGH N OR CONTEXTUAL VIEWS OF MULTIPLE OUTDOOR CLEANOUTS OR SECTION PIPES WITHOUT SECURE REMOVABLE COVERS THROUGHOUT THIS PROPERTY.
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.
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, THIS CONCLUDES MY PRESENTATION PENDING YOUR QUESTIONS.
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.
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.
[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.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.
I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO N AS WELL AS EXHIBITS FOUR A THROUGH FOUR I N EXHIBIT THREE.
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.
YOU MAY, UM, GO TO THE SEATS OVER THERE, PLEASE AND BOTH OF YOU ARE SPEAKING.
OKAY, SO WE HAVE MS LEISURE AND MS. LEISURE, I'M SORRY.
AND YOU CAN START WHENEVER YOU'RE READY.
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.
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.
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.
UM, THE OTHER ITEMS THAT ARE NOTED, SHE MENTIONED PROPERTY GUARDIANS.
THEY'RE THERE, THEY'VE BEEN WORKING SINCE, I THINK SHORTLY AFTER WE PURCHASED THE PROPERTY.
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.
[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.
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 AS WE CAN.
THOUGH IT'S PROBABLY NOT FAST ENOUGH.
AND I GET THAT THAT IS YOUR JOB TO CONTINUE TO MONITOR THE PROPERTY, BUT WE ARE WORKING AND NOT IGNORING IT.
AND I CAN, I KNOW ALL OF THESE ITEMS CAN AND WILL BE ADDRESSED, SO, OKAY.
UM, I HAD A QUICK QUESTION, UH, REGARDING THE, I THINK MS. LAJA SAID SHE DIDN'T KNOW ABOUT THIS HEARING.
SO DID MS. DAVIES AT LEAST GET THE LETTER THAT WAS SENT OUT? CUZ I SHOW THAT IT WAS DELETE THE, THE CONFUSION WAS YES, I RECEIVED THE LETTER.
I'VE BEEN TO TWO ADMIN HEARINGS THAT, THAT LET ME KNOW SPECIFICALLY THE CITATION THAT WE WERE GOING TO BE TALKING ABOUT.
MY NOTICE THAT I RECEIVED FOR THIS PARTICULAR MEETING DID NOT TELL ME.
THEREFORE I WOULD'VE HAD EXACT INFORMATION ON THE OTHER CITATION THAT HAS SOME STRUCTURAL ISSUES ON THE EXTERIOR.
I ONLY KNOW ABOUT 2 77 BECAUSE I, AS THE PROPERTY MANAGER WAS PERSONALLY INVOLVED WITH THOSE REPAIRS.
SO THAT'S THE DIFFERENCE BETWEEN, YES, I DID RECEIVE THE NOTICE, BUT IT DIDN'T TELL ME.
I THOUGHT WE WERE JUST GOING TO BE TALKING ABOUT THE PROPERTY IN GENERAL AND THE NUMBER OF CITATIONS AND THE REPEAT OFFENDER.
UM, YOU KNOW, OUR DESIGNATION AS A REPEAT OFFENDER.
I HAVE A QUESTION, LIKE, ALTHOUGH IT MAY BE NEWS TO YOU NOW, BUT UM, AS FAR AS THE PVC REPAIRS AND THE CONCRETE PARKING AREA, ARE YOU, DO YOU HAVE A PLAN? THOSE SEEM TO BE LIKE, THEY MIGHT BE THE MOST TIME, UM, THEY MIGHT TAKE THE MOST TIME, UH, TO REPAIR.
WERE YOU AWARE OF THOSE BEFORE TONIGHT? AND DO YOU HAVE A PLAN TO BE ABLE TO FIX THOSE? I WAS NOT AWARE.
HOWEVER, WE DO HAVE A DIRECTOR OF CONSTRUCTION THAT IF NEED BE, WE CAN REFER TO.
UH, WE, WE REFER TO HIM OFTEN BECAUSE, UM, ERIC WILL GIVE US, HE'LL, HE'LL WALK THE PROPERTY AND FIND VARIOUS OTHER THINGS AND WE'LL, WE'LL REFER OR DEFER TO, EXCUSE ME, TO MR. STRICKLAND AND ASK HIM TO GET WITH CONTRACTORS.
OR HE MAY EVEN ASK PROPERTY GUARDIANS.
THEY MAY HAVE A SUBCONTRACTOR THAT THEY'LL HAVE TO DO IT, BUT NO, THIS IS THE FIRST THAT I KNOW DROP IT.
SO WITH DISRUPT MANAGEMENT, WE HAVE AN EQUITY SIDE, WE HAVE STEALTH CONSTRUCTION SIDE, SO WE HAVE THREE SEPARATE ENTITIES.
SO I WILL PRESENT THIS TO FRANK TOMORROW, AND WE CAN HAVE A SOLID PLAN BY MONDAY AND BE ABLE TO PRESENT A SOLID PLAN ON THOSE REPAIRS.
I WOULD NOT BE ABLE TO SPEAK ON A TIMELINE.
I DON'T KNOW THE FIRST ON HOW TO FIX THAT.
UM, BUT THEY DO, SO I WILL DEFER THAT TO THEM TOMORROW.
I HAVE A QUESTION FOR THE MANAGER.
UM, YOU SAID THAT YOU'RE WORKING DILIGENTLY ON GETTING ALL THESE THINGS FIXED.
DO YOU THINK THAT THE 45 DAYS THAT IT'S OUTLINED IN THE RECOMMENDED ORDER, IS THAT ENOUGH TIME FOR YOU? I THINK IT, I DON'T KNOW TO REFERENCE YOUR QUESTION ABOUT THE PVC IN THE CONCRETE, I, I DON'T HAVE A TIMEFRAME FOR THAT.
UH, SO THAT, AGAIN, WE WOULD HAVE TO WAIT FOR THE DIRECTOR OF CONSTRUCTION TO COME UP WITH A PLAN AND, AND SPEAK TO HIS CONTRACTORS.
UM, SO, UM, COMMISSION ELLI, ARE YOU STILL GOING? OKAY, COMMISSION ALGO.
UM, UM, THANK YOU FOR YOUR WORK, UH, INSPECTOR, UM, FINN, I GUESS I HAVE TWO QUESTIONS FOR YOU.
WOULD YOU AGREE WITH THEIR CHAR CHARACTERIZATION ABOUT HOW PROACTIVE THEY'VE BEEN WITH YOU ABOUT GETTING DATAS RESOLVED, ACTIVE COMMUNICATION, THAT SORT OF THING, AND OBVIOUSLY THERE'S A WHOLE SORT OF MOTLEY LIST OF CODE VIOLATIONS.
ARE THERE ANY THAT STAND OUT TO YOU AS CONCERNING FOR THE
[01:10:01]
HEALTH AND SAFETY OF THE RESIDENTS OF THESE PROPERTIES? YES, SIR.I CAN CONFIRM THAT WE HAVE HAD ONGOING COMMUNICATION, AS I SAID BEFORE, BY EMAIL, BY PHONE, AS WELL AS IN PERSON.
UH, THE, THE CONCERNS ARE THE INFESTATIONS AS, AS WELL AS A COUPLE OF THE CAST OUT, CAST OUT PIPES, WHICH ONE YOU SAW THAT MAY BE SEWER OPENINGS.
SO, UH, CV NOTICE 2 2 2 0 8 4 9 87 DATED JANUARY THE 25TH OF 2023 WAS SENT OUT TO CASCADE, S P D L L L C, AND IT WAS POSTED JANUARY THE 27TH AT THE LEASING OFFICE.
AND ALSO THROUGHOUT THAT, MY EMAIL COMMUNICATIONS WITH MS. DAVIS, I'VE SENT A DETAILED LIST OF REMAINING, UH, VI VIOLATIONS THAT REMAIN ON SEVERAL CASES.
SO THIS, THE, THE PRINTOUTS ARE LISTED IN HERE.
SO WOULD YOU, WOULD YOU SAY THAT YOU HAVE SENT THEM THE COMPREHENSIVE LIST OF VIOLATIONS THAT WOULD NEED TO BE FIXED TO BE SORT OF CODE-COMPLIANT? YES, SIR.
UM, ACTUALLY, THAT WAS GOING TO BE MY QUESTION AS WELL ABOUT THAT JANUARY LETTER, AND IT LOOKS LIKE IT WAS RECEIVED.
SO, UM, I THINK WE, WE'VE ANSWERED THAT.
AND JUST TO NOTE, UM, YOU CAN ATTEST TO THIS, THAT THAT WAS A PRIOR TEAM.
JENNIFER IS NEW, I AM NEW, AND UNFORTUNATELY, WHEN I THINK EVERYBODY IN HERE HAS SEEN SO MANY APARTMENT COMMUNITIES, IT IS TOUGH TO STAFF THESE.
AND IF THEY DON'T COMMUNICATE WITH US OR IF IT'S NOT SENT TO THE HOUSTON CORPORATE OFFICE, WE HAVE NO WAY OF KNOWING.
AND I THINK THAT'S WHERE SOME OF THIS MAY HAVE FELL.
DOESN'T MEAN IT'S RIGHT, DOESN'T MEAN IT'S EXCUSABLE, BUT I JUST WANT THAT TO BE KNOWN.
I THINK AT THIS POINT, MY QUESTION TO YOU THEN WOULD BE, DO YOU BELIEVE YOU HAVE A CLEAR UNDERSTANDING OF WHAT THE VIOLATIONS ARE AT THIS POINT? I, I, I WOULD LIKE TO READ FURTHER FOR MY KNOWLEDGE.
I KNOW THAT JENNIFER, I BELIEVE HAS CLEAR UNDERSTANDING, BUT I DEFINITELY NEED TO COME UP TO SPEED SO THAT I HAVE A CLEAR AND CONCISE PLAN AND DISCUSS IT WITH FRANK AND STEALTH CONSTRUCTION, WHICH I WILL DO AFTER REVIEWING ALL THE DOCUMENTATION.
AND YOU CAN ALSO CONTACT STAFF OR, UM, INSPECTOR, UM, FINN WOULD BE READY TO TELL YOU WHAT SURE.
UM, COMMISSIONERS, ANYTHING ELSE? COMMISSION, LUGO? I DIDN'T WANNA, I DID WANNA CHECK IN, BUT, UM, INSPECTOR FIN, BUT YOU WOULD SAY OVERALL THE SAFETY OF THE RESIDENT IS MOSTLY FINE, OR, BUT LIKE, I GUESS, HOW MUCH OF A DANGER IS THE, UM, THE CAST IRON PROBLEM THAT YOU MENTIONED? WELL, THERE WAS ONLY ONE THAT I SAW WITH SOME DEBRIS AROUND IT, BUT IT'S, AGAIN, IT'S BEEN LIKE THAT SINCE, UH, I BELIEVE LATE LAST YEAR.
AND AS FAR AS THE INFESTATION, THERE'S ONLY BEEN TWO OTHER UNITS WHERE I HAD TENANTS COMPLAIN ABOUT, UM, INSECTS, UH, INSIDE THE RESIDENCE.
SO I THINK THE CHALLENGE THAT WE'RE HAVING IS STAFF.
UM, THE INSPECTOR DOESN'T REALLY HAVE ACCESS TO GO IN TO QUITE A FEW OF THESE UNITS.
SO THESE PICTURES THAT WE'VE SEEN TONIGHT ARE REPRESENTATIVE OF SOME OF THE THINGS THAT ARE VISIBLE.
UM, SO OBVIOUSLY YOU'LL GET A, YOU'LL, YOU'LL COMMUNICATE AND GET A COMPREHENSIVE CONCISE LIST.
AND I BELIEVE YOU TODAY SAYING THAT YOU TOOK OVER AND YOU TOOK OVER SOMETHING THAT WAS ALREADY DAMAGED.
SO YOU ARE IN THE PROCESS OF MAKING THOSE REPAIRS.
SO NOW I THINK WHAT WE'LL HAVE TO DO AS A COMMISSION IS TO DECIDE WHAT WE SHOULD DO TONIGHT, SINCE YOU DON'T HAVE ANYTHING ELSE THAT YOU'VE BROUGHT WITH YOU.
UM, OTHER THAN YOU TELLING US WHAT'S GOING ON, AND WE ALSO SAW THAT THERE WERE SOME ELECTRICAL, UM, ISSUES POTENTIALLY.
UM, SO PLEASE TAKE CARE OF THOSE AS SOON AS POSSIBLE.
UM, ANYTHING ELSE? I THINK YOUR HAND WAS UP ELECTRIC OVER IN THE 2 27.
I MEAN, I DO HAVE AN EXTENSIVE LIST OF PHOTOS FROM STEALTH CONSTRUCTION ON PART OF THE RENOVATION THAT WE HAVE ALREADY DONE.
IF COMMISSIONERS WOULD LIKE TO SEE THAT, IT'S, IT'S PRETTY EXTENSIVE.
UM, I WOULD SUGGEST SINCE, UM, THE WAY THAT THE MEETINGS ARE CONDUCTED IS TO SEND YOU THAT LETTER AHEAD OF TIME.
THE ONE THAT YOU GOT IN APRIL WOULD'VE TOLD YOU WHAT TO SUBMIT AHEAD OF TIME.
YEAH, I DIDN'T START TILL MAY, SO.
OH, YOU DIDN'T START TILL MAY, BUT MS. DAVIS WAS THERE IN MARCH, SO, UM, I THINK WORKING TOGETHER YOU CAN GET THIS DONE OF OBVIOUSLY.
UM, SO TONIGHT WE WOULDN'T BE ABLE TO GET, YOU KNOW, THE STAFF, UH, TECHNOLOGY PEOPLE TO PUT EVERYTHING UP.
UM, SO COMMISSIONER FRANCIS, I MOVE CLOSE THE HEARING.
[01:15:01]
ALL RIGHT.UM, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING, RIGHT? CORRECT.
WE HAVE A SECOND FROM COMMISSIONER A LUGO.
AND IS EVERYBODY FINE WITH CLOSING THE PUBLIC PART OF THE HEARING? YES, YES.
SO THAT MEANS, UM, WE'VE ALREADY HEARD EVERYTHING YOU HAVE TO TELL US TONIGHT, AND NOW WE'LL MAKE A DECISION.
DO YOU WANT ME TO TURN THIS OFF? I'M JUST OPEN TO ANY SUGGESTIONS, THOUGHTS, COMMENTS? UH, OKAY, COMMISSIONER STAGO, GO AHEAD.
I GUESS, UH, DIFFICULTY IN THIS, UH, CASE IS THAT IT, IT FEELS LIKE WE DON'T NECESSARILY HAVE A GOOD, UH, AS MUCH INFORMATION AS I THINK MAYBE IT WOULD BE A DEAL FOR THIS KIND OF SITUATION.
HOW DO Y'ALL FEEL ABOUT MOVING THIS CASE TO THE NEXT MEETING AND THEN WHERE THE PROPERTY OWNERS GET A CHANCE TO GIVE THE INSPECTOR A MORE THOROUGH VIEW OF, UH, THE FULL APARTMENT AND WHERE THEY CAN MAYBE RE-UP UPDATE THE CASE WITH ANY INSPECTIONS THAT THEY SEEM TO BE SAYING THAT THEY ARE ACTIVELY MAKING? UM, I WAS JUST PROPOSING THAT AS A, SINCE WE SEEM TO BE LACKING ENOUGH INFORMATION, UM, COMPARED TO LIKE, JUST HOW MUCH, HOW BIG THE APARTMENTS ARE VERSUS WE JUST ONLY REALLY HAVE DATA ON LIKE TWO UNITS.
SO IT COULD BE MUCH HO OR NOT, NOT AS BAD.
COMMISSIONER? UM, BENIGNO, GO AHEAD.
I THINK I COULD BE WRONG, AND SO MAYBE STAFF COULD CORRECT ME HERE, BUT I THINK IF THEY FIND NEW VIOLATIONS, THOSE WOULD BE NEW CASES.
UM, AND THEN I ALSO THINK THAT AS FAR AS TABLING THIS PROPERTY GOES, I THINK GENERALLY THE COMMISSION'S GOAL IS TO, UM, DECIDE ON PROPERTIES IN THE TIME THAT THEY COME UP TO THE MEETING.
BECAUSE I THINK IN PREVIOUS YEARS, AND THIS WAS TOLD TO ME, I'M, I'VE ONLY BEEN HERE A YEAR, THERE WERE A LOT OF TABLINGS, AND THEN THE MEETINGS BECAME FULL OF PREVIOUS PROPERTIES COMING BACK.
UM, AND IT WAS FOUND THAT IT'S BEST TO START AND FINISH PROPERTIES IN ONE, UM, SESSION IF POSSIBLE.
UH, YOU KNOW, REGARDLESS OF CIRCUMSTANCES FOR THE MOST PART.
UM, SO I WOULD LEAN TOWARDS DECIDING TONIGHT.
UM, I THINK IT SEEMS REASONABLE TO ME TO, UM, KEEP THE INCENTIVE STRONG FOR THESE TO BE TAKEN CARE OF, ALTHOUGH I ALSO LEAN TOWARDS TAKING THE MANAGEMENT'S WORD THAT THEY ARE WORKING TOWARDS, UM, QUICKLY RESOLVING THESE ISSUES.
UM, NOW THAT THEY'RE IN CHARGE AND AWARE OF WHAT NEEDS TO BE DONE.
UM, SO I WOULD KEEP SOME FINANCIAL, UM, SOME FINANCIAL BURDEN, BUT I'D BE INTERESTED IN LOWERING IT.
UM, AND I'D BE INTERESTED IN EXTENDING THE PERIOD OF TIME THAT THEY HAVE TO COMPLY.
UM, AND SO I WOULD MAYBE LIKE TO SEE, UH, MAYBE A THOUSAND DOLLARS TOTAL INSTEAD OF THE TWO SEPARATE $1,000 FINES THAT THEY WOULD HAVE AND THEN GIVE THEM 90 DAYS, WHICH IT LOOKS LIKE FROM WHAT WE CAN SEE, THERE IS LESS OF EXTENSIVE DAMAGE AND THAT MAYBE THESE 90 DAYS THEY COULD GET IT ALL DONE IN THAT PERIOD OF TIME.
SO THAT'S, THAT'S KIND OF WHERE I'M STARTING.
UM, BUT I'M INTERESTED TO HEAR EVERYONE ELSE'S OPINION.
NO, I, WE APPRECIATE YOUR INPUT AND NOW THOSE ARE WELL THOUGHT OUT CONSIDERATIONS, SO, UM, WE'LL THINK ABOUT THEM MORE.
SO, COMMISSIONER FRANCIS, GO AHEAD.
THANK YOU, MADAM CHAIR, AND TO THESE REPEAT OFFENDERS.
AND SO THERE'S BEEN A LONG HISTORY OF REPEATED ISSUES GOING ON AT THE PROPERTY, AND THE BOTTOM LINE IS HEALTH AND SAFETY OF THE CITIZENS.
RIGHT? I DO AGREE IN READING THROUGH SOME OF THE MATERIALS, IT SOUNDS LIKE THEY'RE MAKING SOME HEADWAY AND I APPLAUD THAT.
HOWEVER, OPEN SEWER LINES ARE NOT SOMETHING WE WANNA MESS AROUND WITH.
AND THESE, THIS IS MY INDUSTRY, THESE ARE NOT COMPLICATED REPAIRS.
THESE CAN BE DONE IN A VERY TIMELY FASHION.
SO I WOULD CONSIDER THAT THOSE, IN MAKING THAT DECISION THAT THESE ARE NOT OVER THE TOP, IT'S NOT LIKE WE'RE ASKING 'EM TO REFRAME, YOU KNOW, OR SOMETHING THAT REQUIRES ENGINEERING.
THESE ARE PRETTY BASIC PLUMBING REPAIRS.
SO GIVEN THAT I WOULD MAKE THE RECOMMEND MOTION THAT WE ADOPT THE STAFF'S FINDING OF FACTS ON BOTH OF THESE CASES.
UM, WE DO, CAN I SECOND THAT? OH, WELL, WE DO HAVE A MOTION TO ADOPT THE RECOMMENDED ORDER, YOU KNOW, WHICH WILL BE TWO SEPARATE ORDERS.
NOW WE HAVE A SECOND FROM COMMISSIONER SEIG.
DO WE HAVE ANY OTHER COMMENTS? THOUGHTS? COMMISSIONER CAMPBELL, DO YOU HAVE ANYTHING THAT YOU WANNA WEIGH IN ON? NO.
COMMISSIONER SOAD, ANYTHING, ANY THOUGHTS? I THINK YOU'RE MUTED.
UH, NO, MADAM CHAIR? NO, UH, JUST, I, I THINK I FAVOR THE, THE MOTION, SO I WOULD VOTE.
SO I CAN CALL THE VOTES IF IT WERE CALLED? YEAH.
UM, I WOULD MAKE AN AMENDMENT IF I THE APPROPRIATE TIME.
I WAS GOING TO SAY, I WAS GONNA COME BACK TO YOU AND THEN COME CHAN LUGO, CUZ HE WAS THE ONE THAT
[01:20:01]
WANTED SOME MORE TIME AS WELL.SO YOU MIGHT BE ABLE TO MAKE AN AMENDMENT IF WE WERE TO CONSIDER THIS ONE.
YEAH, I THINK I WOULD LIKE TO AMEND IT TO 90 DAYS AND, AND THEN ADOPT THE REST.
SO, UM, GIVEN I THINK THE FULL SCOPE OF THE, THEIR TIMING AND THE NEWNESS THERE, I, I THINK 90 DAYS AND THEN KEEP THE REST.
UM, BUT SO THAT, THAT'D BE MY AMENDMENT.
SO COMMISSION LUGO, YOU'RE HAPPY IF WE ARE ABLE TO, I'M HAPPY WITH THE IMPROV.
HOLD, HOLD ON, HOLD ON A SECOND.
COUNCIL, WE'RE GETTING ROWDY HERE.
YES, WE HAVE TO LAUREN COREY, ASSISTANT CITY ATTORNEY.
SO THE WAY THAT, UM, MAIN MOTIONS WORK IS THAT, UM, ONCE THE MAIN MOTION IS MADE AND SECONDED, IT IS AMENDABLE, BUT IT IS, UM, THE PURVIEW OF THE ORIGINAL, UM, THE, THE MEMBER THAT MADE THE ORIGINAL MOTION, THEY GET TO DECIDE WHETHER OR NOT TO ACCEPT THAT AMENDMENT.
AND, UM, IF THEY REJECT IT, YOU CAN, YOU CAN MAKE A COMPETING MOTION AND THEN IF, IF THE ORIGINAL MOTION FAILS, YOU CAN HAVE A, A SEPARATE MOTION.
UM, BUT THAT'S HOW THAT WORKS.
I KNOW COMMISSIONER SAL LUGO IS VERY EAGER TO, TO
BUT IF WE WERE TO, UM, GET TO THAT KIND OF AMENDMENT, THEN YOU'D BE HAPPY WITH THAT COMPROMISE.
SO COMMISSIONER FRANCIS, WHAT DO YOU THINK IS THAT IN THE SEC? THE AMENDMENT, UH, A VOTE ITEM BY THE COMMISSION TO DECIDE WHETHER THE GROUP WANTS TO ACCEPT THE AMENDMENT.
UM, SO THE, THE YOU, UH, COMMISSIONER, YOU WOULD BE THE ONLY ONE THAT WOULD CHOOSE WHETHER OR NOT TO ACCEPT THAT AMENDMENT.
IT'S YOUR MOTION IN THE SPIRIT OF COMPROMISE.
I AMEND MY MOTION TO FROM 45 TO 60 DAYS.
OKAY, SO WE HAVE A MOTION TO ADOPT THE RECOMMENDED ORDER PER PROPERTY, UM, WITH AN AMENDMENT TO 60 DAYS INSTEAD OF 45 DAYS.
AND WE HAVE A SECOND AGAIN FROM COMMISSIONER BENIGNO.
UM, ANY COMMENTS? OH, IF THERE ARE NO OTHER THINGS, OBJECTIONS, COUNSEL? YES.
UH, SO COMMISSIONERS, I'D, I'D JUST LIKE TO CLARIFY, UM, ARE YOU'RE AMENDING IT TO 60 DAYS? THAT'S CORRECT.
AND THAT'S THE ONLY AMENDMENT? YES, CORRECT.
YES, THAT IS THE ONLY AMENDMENT.
SO WE'LL START WITH COMMISSION OLUGO.
COMMISSIONER BENIGNO IN FAVOR? I'M IN FAVOR AS WELL.
AND IN FAVOR? THANK YOU, COMMISSIONER.
UM, SO YEAH, WE HAVE, UM, ADOPTED THE RECOMMENDED ORDER WITH THAT AMENDMENT IN THERE, AND THAT ORDER FOR THE NIGHT WILL BE MAILED TO YOU AS WELL.
AND I CONT I, I WILL SUGGEST THAT YOU CONTINUE TO KEEP IN CONTACT AND LET STAFF KNOW WHAT YOU'VE BEEN DOING AND MAYBE THAT WAY, UM, EVERYTHING CAN BE HANDLED SOONER THAN THAT TIMEFRAME.
SO, WE'LL, WE'LL SKIP OVER TO, SHALL WE TAKE UP ITEM NUMBER SIX? SIX? YES, PLEASE.
[6. Case Number: CL 2023-050910]
THE AGENDA IS CASE NUMBER C 20 23 5910, AND IS REGARDING THE PROPERTY LOCATED AT 1,113 WOODLAND AVENUE.THIS CASE IS REGARDING AN ACCESSORY STRUCTURE, NAMELY A DETACHED GARAGE STRUCTURE WITH UNSAFE CONDITIONS THAT REQUIRE, REQUIRES DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE FOREST GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THIS CASE WAS OPENED IN NOVEMBER OF 2022.
AS A RESULT OF A COMPLAINT, THE UNSAFE CONDITIONS OF THE DETACHED GARAGE STRUCTURE CREATE AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THERE'S NO RECORD OF A PERMIT APPLICATION IN OUR DATABASE TO DATE FOR DEMOLITION.
IN YOUR READERS IN GOOGLE DRIVE FOLDER, 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, A STRUCTURE MAP OF THE PROPERTY,
[01:25:01]
NOTICE OF VIOLATION, NOTICE OF HEARING FOR TONIGHT'S MEETING, PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS AS TWO A THROUGH TWO F AND THE RECOMMENDED ORDER CODE INSPECTOR RAYMOND SHILLITO IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS MARKED TWO A THROUGH TWO F AND DISCUSS THE VIOLATIONS AS DEPICTED.
I'M THE CITY OF AUSTIN CODE INSPECTOR.
THE CASE I'LL BE, BE PRESENTING BEFORE YOU WILL BE AN ACCESSORY STRUCTURE LOCATED AT 1113 WOODLAND.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
ON NOVEMBER 18TH, 2022, I WAS REASSIGNED THIS CASE.
UPON MY INSPECTIONS OF THIS PROPERTY AND ITS CASE, I FOUND THE PROPERTY HAVE MULTIPLE EXTERIOR OR IPMC VIOLATIONS.
THE BUILDING IS NEGLECTED, DAMAGED, DILAPIDATED, UNSECURE IN THE FRONT OF THE BUILDING.
THE GARAGE DOORS HAVE BEEN OPEN ON EVERY INSPECTION.
THE ROOF OF THE SHED HAS SEVERAL HOLES WHICH EXPOSE THE INTERIOR OF THE STRUCTURE TO THE ELEMENTS.
THE PAINT IS CHIPPING AND BLISTERING THROUGHOUT THE SHED.
THE SIDE OF THE SET SHED ALSO HAS SEVERAL HOLES IN IT, WHICH EXPOSES IT TO THE ELEMENTS.
THE ROOF IS ALSO SAGGING IN AREAS WHERE THE HOLES ARE PRESENT.
THE FRONT OF THE SHED HAS AN OPEN LARGE GARAGE DOOR, WHICH HAS NEVER BEEN CLOSED ON ANY INSPECTION I HAVE PERFORMED, WHICH LEADS ME TO BELIEVE THAT THEY ARE, THEY ARE NOT OPERATIONAL AND DO NOT CLOSE, WHICH ALSO EXPOSES THE BUILDING TO THE ELEMENTS.
ON DECEMBER 29TH, 2022, I POSTED THE PROPERTY WITH A NOTICE OF VIOLATION.
SINCE NOVEMBER 18TH, 2022 THROUGH TODAY, I'VE PERFORMED THE FOLLOWING FOLLOW UP INSPECTIONS ON THE PROPERTY, THREE ONE 2020 3 3 2 2020 3, 4 10 2023 AND FIVE 10 2023, AND OBSERVED THAT THE VIOLATION HAS NOT BEEN CORRECTED.
THE VIOLATIONS REMAIN THE SAME.
THE PAIN IS CHIPPING AND BLISTERING THROUGHOUT THE SHED.
THE SIDE OF THE SHED HAS SEVERAL HOLES, WHICH EXPOSES THE INTERIOR TO THE ELEMENTS.
THE ROOF IS ALSO SAGGING IN AREAS WHERE THE HOLES ARE PRESENT.
THE FRONT OF THE SHED HAS A LARGE GARAGE STYLE DOOR, WHICH HAS BEEN OPEN ON EVERY INSPECTION AS OF FIVE 10 2023.
I'VE FOUND NO ACTIVE PERMITS IN THE CITY OF AUSTIN AMANDA DATABASE.
THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE REPRESENTATION OF MULTIPLE DEFICIENCIES FOUND THROUGHOUT THE ACCESSORY.
EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE ACCESSORY STRUCTURE LOCATED AT THE REAR OF 1113 WOODLAND.
THE PHOTOGRAPHS WERE TAKEN FROM A LEGAL VANTAGE POINT.
EXHIBIT TWO B IS A PHOTOGRAPH OF THE GARAGE DOORS AND THE WINDOWS NOT FUNCTIONING AS INTENDED OR PROPERLY INSTALLED, ALONG WITH DETERIORATING OF THE WOOD TRIM AROUND THE WINDOWS AND SIDING, LACK OF SURFACE COATING AND WEATHERIZATION.
YOU CAN ALSO SEE THE ROOFING OF THIS STRUCTURE COLLAPSING UPON ITSELF DUE TO LACK OF MAINTENANCE.
EXHIBIT TWO C AND 2D EXHIBIT TWO C AND TWO Z TWO D ARE EXAMPLES OF DEFICIENCIES FOUND THROUGHOUT THE ACCESSORY STRUCTURE.
IN THESE PHOTOGRAPHS, YOU CAN SEE THE GAPING HOLES IN THE SIDING AND THE ROOF.
EXHIBIT TWO D IS A CLOSEUP OF A HOLE IN THE ROOF THAT ALLOWS THE ELEMENTS INTO ACCESSORY STRUCTURE.
FURTHER IN DETERIORATION EXHIBIT TWO E AND TWO F ARE PICTURES OF ANOTHER SECTION OF THE ROOF.
HERE YOU CAN SEE TWO HOLES IN THE ROOF WHERE THE ROOFING SYSTEM HAS COLLAPSED.
EXHIBIT TWO F IS A CLOSEUP OF THE AREA WHERE YOU CAN SEE THE RAPTORS HANGING AND PARTIAL HELD UP BY DETERIORATING LOAD BEARING WALL.
THIS CONCLUDES MY PRESENTATION OF THE ACCESSORY STRUCTURE LOCATED AT THE REAR OF THIS PROPERTY.
I STRONGLY URGE YOU TO ACCEPT THE STAFF STAFF'S RECOMMENDATION ORDER.
THANK YOU, THANK YOU, INSPECTOR SOTO.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THE ACCESSORY STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADOPT, TO, EXCUSE ME, 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.
STAFF ALSO REQUESTED THIS COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE
[01:30:01]
LAW AND ORDER THE FOLLOWING, 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 ACCESSORY GARAGE STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEANED AND RIGGED, AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
AND TWO, ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHOR A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE ACCESSORY GARAGE STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
AND B PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO F.
I ALSO SEE THAT OWNERS SUBMITTED, UH, A COUPLE OF DOCUMENTS, SO WE'LL GO AHEAD AND ADMIT THOSE AS WELL JUST FOR EFFICIENCY.
UM, DO WE HAVE A MR. ATWOOD ONLINE OR ON THE PHONE? HE'S ONLINE ON MUTE.
UM, SO YOU CAN LET US KNOW WHAT'S GOING ON WITH YOUR CLIENT'S PROPERTY.
GOOD EVENING COMMISSIONERS, THIS IS DAVID ATWOOD.
ARE YOU ABLE TO HEAR ME? YES, WE ARE.
UH, BEEN RECENTLY RE RETAINED BY MY CLIENT, UH, ON THIS CASE.
UH, THE 1 11 13 WOODLAND AVENUE.
UH, FROM MY UNDERSTANDING, THE CLIENTS HAVE BEEN OUT OF TOWN, WORKING OUT OF TOWN.
THE SPOUSE, THE WIFE HAS BEEN IN THE HOSPITALS RECENTLY BEEN RELEASED.
UH, SO THEY'VE HAD SOME HEALTH ISSUES AND BEEN AWAY FROM THE PROPERTY.
UM, WITH RESPECT TO REPAIRS, UH, I UNDERSTAND THAT THE CITY'S POSITION IS TO DEMOLISH STRUCTURE.
OUR CLIENTS ARE WILLING TO AND ABLE TO REPAIR EX STRUCTURE.
SO THE, UH, DOCUMENTS TENDERED TO THE COMMISSION, UH, IS AN ESTIMATE FOR REPAIR.
UH, WE HAVE ALSO TENDERED A COPY OF, UH, THE FUNDS NECESSARY IN THE BANK ACCOUNT TO PAY FOR THOSE, UH, REPAIRS.
UH, WE ORIGINALLY HAD ASKED FOR CONTINUANCE.
UM, MY UNDERSTANDING WAS THAT I GUESS GIVEN THE TIME PERIOD, THIS, THIS WAS NOT AVAILABLE, UM, WOULD LIKE TO REQUEST OF THE COMMISSION A OPPORTUNITY FOR MY CLIENTS TO MAKE THESE REPAIRS AND REASSESS THIS IN 60 DAYS.
UH, I UNDERSTAND I HEARD ONE OF THE COMMISSIONERS EARLY THIS EVENING, UH, NOT WANTING TO, UH, PUNT THE, THE BUCKET, IF YOU WILL, PUN THE CAN.
UH, SO I ALTERNATIVELY WOULD REQUEST THAT SHOULD THE COMMISSION ENTER AN ORDER TO GRANT AT LEAST 90 DAY TO GRANT THE 90 DAY MAXIMUM, UH, FOR OUR CLIENTS TO MAKE THE NECESSARY REPAIRS.
UH, THEY DO NOT WANNA DEMOLISH A STRUCTURE, UH, DEFINITELY UNDERSTAND THAT IT NEEDS TO BE REPAIRED.
UH, BUT GIVEN SOME EXIGENT CIRCUMSTANCES IN THEIR LIVES, UH, HAVEN'T BEEN AROUND TO BE ABLE TO MAKE THEM THEMSELVES.
UH, BUT AS THE DOCUMENTS SHOW THEY, THEY HAVE THE WHEREWITHAL TO MAKE THE REPAIRS AND INTEND TO, TO DO SO.
UM, UM, SO IF I'M HEARING YOU CORRECTLY, THE OWNERS WOULD PREFER TO NOT DEMOLISH THIS PROPERTY AND INSTEAD REPAIR, CORRECT? THAT IS CORRECT, COMMISSIONER.
WOULD YOU LIKE ANYTHING ELSE, UM, FOR THE COMMISSIONERS TO CONSIDER OTHER THAN THE TIMEFRAME OF 90 DAYS? UH, JUST THE, IF I, IF IDEALLY, I MEAN, I, I DON'T KNOW.
I UNDERSTAND THE CITY'S POSITION OR PRESENTATION WAS THAT THERE WERE NO, UM, PERMITS ON FILE.
MY UNDERSTANDING IS TO, FOR BRIEF CONVERSATIONS WITH THE CLIENTS, IF THERE WERE EFFORTS TO OBTAIN PERMITS, UH, I JUST DON'T, DO NOT HAVE THAT INFORMATION AND CANNOT APPRISE THE COMMISSION OF, OF THE EFFORT.
AND SO TO THE EXTENT POSSIBLE, IF WE COULD RESET IT FOR 60 DAYS FOR THE NEXT, UH, HEARING, I GUESS, WHICH WOULD BE IN JULY, UH, THAT WOULD GIMME A CHANCE TO, TO DO, TO GET THAT INFORMATION FOR THE COMMISSION AND ALSO A CHANCE TO MAKE THOSE REPAIRS.
UH, BUT OTHER THAN THAT, IF THE COURT, IF THE COMMISSION'S GONNA ENTER IN ORDER, UH, WOULD LIKE THE MOST TIME POSSIBLE TO MAKE THOSE REPAIRS, UM, TO AVOID DEMOLITION.
WE'LL, WE'LL DEFINITELY CONSIDER ALL THOSE THINGS AND YOU CAN STAY ON THE LINE WHILE WE
[01:35:01]
SURE.I HAVE A QUESTION FOR MR. MOORE.
IF THE, UM, PROPERTY OWNER IS ABLE TO FIX EVERYTHING, THEN THE DEMOLITION WILL NOT OCCUR.
UH, REPAIR WOULD DEFINITELY SATISFY THE ORDER, WHETHER IT WAS DEMO OR REPAIR.
SO THAT'S A SUCCESSFUL QUESTION IF IT'S GONNA BE 45 DAYS OR 90 DAYS FOR, FOR Y'ALL.
AND I HAVE A FOLLOW UP QUESTION.
FOR THE CODE INSPECTOR, AS YOU LOOKED AT THAT GARAGE, IS IT READY TO BE, IS IT READY TO FALL DOWN? I MEAN, IT LOOKS LIKE IT IS.
IN MY OPINION, IT APPEARS TO BE SAGGING ON EVERY INSPECTION.
THE ROOF SEEMS TO BE GETTING LOWER AND LOWER.
I'VE PHOTOGRAPHED IT EVERY TIME I'VE GONE OUT THERE, SIR.
UM, THE NEIGHBORHOOD IS AFRAID THAT IT'S GOING TO FALL ON OTHERS' PROPERTIES.
THEY'VE, THE PROPERTY OWNER SENT ME SEVERAL EMAILS STATING HE WAS GRANDFATHERED IN AND WANTED TO REPAIR IT.
AND AS I STATED IN MY TESTIMONY, I'VE MADE NUMEROUS INSPECTIONS ON THIS PROPERTY AND THERE HAS BEEN NO EFFORT, NOTHING DONE, AND THERE HAS BEEN NO FURTHER COMMUNICATION WITH THE OWNER OF THE PROPERTY.
UM, COMMISSION, FRANCIS, DID YOU HAVE SOMETHING? QUESTION FOR THE REPRESENTATIVE? IT LOOKS LIKE THE REPAIR ESTIMATE THAT'S PROVIDED HERE FROM THE ROOFING COMPANY DEALS WITH EVERYTHING BUT THE ROOF.
IS THAT, AM I NOT READING THIS CORRECTLY? I MEAN, IT SAYS SIDING REPAIR, AND THERE'S REALLY NOTHING THAT SAYS WE'RE GOING TO PUT A NEW ROOF ON.
AM I NOT READING THIS CORRECTLY? UM, LET ME, I'M REVIEWING THE ESTIMATE OR THE, UM, THE PROPOSED ESTIMATE.
COMMISSIONER AND I, I BELIEVE YOU ARE CORRECT.
I'M NOT SURE WHY THAT'S NOT THERE, BUT THAT IS SUPPOSED TO HAVE BEEN THERE IN THE ESTIMATE, BUT YOU'RE CORRECT.
IT'S NOT LISTED THERE IN THIS ESTIMATE.
UM, SO I THINK THE PICTURES, UH, PROB YOU KNOW, BECAUSE THE PICTURE IS WORTH A THOUSAND WORDS, IT'S, IT'S DIFFICULT TO CONCEPTUALIZE THE REPAIRS BECAUSE IT'S IN SUCH A STATE RIGHT NOW.
SO WHAT ARE THE SAFETY CONCERNS THAT STAFF HAS INSPECTOR SALITO? THE CONCERNS ARE FOR THE NEIGHBORHOOD, IT'S VERY CLOSE TO THE SETBACK AND VERY CLOSE TO THE PROPERTY NEXT DOOR, WHICH THEY'RE AFRAID IT'S GONNA COLLAPSE ONTO THE PROPERTY FROM THE ROOF.
THERE'S TWO SEPARATE HOLES THAT APPEAR TO BE SAGGING INWARD ON EVERY INSPECTION.
THE WAY THAT I CAN SEE THAT IT'S SAGGING INWARD IS MORE AND MORE DEBRIS ON THE ROOF IS BEING COMPILED IN CLOSER, AND IT APPEARS TO BE SAGGING THE HOLES ON THE OUTSIDE OF THE STRUCTURE, FROM WHERE I COULD SEE THE, UH, SUPPORT BEAMS ARE EXPOSED, IT'S EXPOSED TO THE ELEMENTS.
IT DOES NOT APPEAR SAFE, IN MY OPINION.
YOU KNOW, IT JUST MAKES ME THINK OF THE 9 0 7 CONGRESS, YOU KNOW, AND NOW THAT WE'VE LEARNED THAT THE OWNERS AREN'T EVEN THERE, UH, YOU KNOW, PE PEOPLE EXPERIENCING HOMELESSNESS, BREAK IN, START A FIRE ACCIDENTALLY, IT'S ANOTHER CONCERN.
LOOKING AT THE STRUCTURE, IT WOULD LOOK LIKE A SAFE PLACE FOR PEOPLE TO KIND OF SQUAT, UM, AND DO THINGS THERE.
UM, I THINK IT'S NO SURPRISE FOR ANYONE I'M GENERALLY QUITE RELEVANT, UH, TO A DEMOLITION ANYTHING.
BUT, UH, THIS DOES LOOK QUITE, UM, SCARY.
AND SPECIFICALLY, UM, I GUESS I HAVE TWO QUESTIONS TO REGARDS TO THE SAFETY FROM, I'M NOT A DEMOLITIONS EXPERT, BUT IT LOOKS LIKE THIS THING'S SAGGING INWARDS.
I GUESS MY QUESTION IS, HOW LIKELY WOULD IT BE THAT I WOULD SORT OF RE-SHIFT TO SAG TOWARDS ONE OF THE OTHER HOMES INSTEAD OF COLLAPSING INWARDS OR, OR SORT OF TOWARDS THE PROPERTY OWNER'S HOUSE? I'M JUST TRYING TO GET A BETTER SENSE OF HOW THIS THING WOULD COLLAPSE IF, IF WE HAVE ANY SORT OF INFORMATION ON THAT.
I BELIEVE ANY STRONG STORM, WE'LL KNOCK IT DOWN, POSSIBLY IT'S OH, ANY DIRECTION.
UH, AND THEN TO THE FIRE MARSHAL, I GUESS MY QUESTION IS, THIS LOOKS LIKE AN EXTREME HIGHER FIRE HAZARD TO ME, ESPECIALLY WITH THE TREE LINE.
CAN YOU SORT OF ADD A LITTLE BIT MORE INFORMATION, IF YOU CAN, ABOUT MAYBE, CUZ MAYBE IT ISN'T AS BIG OF A FIRE HAZARD AS IT LOOKS LIKE, BUT, UM, EVERYTHING'S WOOD HERE,
[01:40:01]
SO I'M TRYING TO GET A BETTER SENSE ABOUT HOW THIS ABSOLUTELY HAPPENED.SO THE BIG CONCERN WOULD BE SPREAD TO THE ADJACENT PROPERTIES.
THE HOUSES ARE FAIRLY CLOSE TOGETHER.
WE GOT WOOD PRIVACY FENCES THERE.
UH, IT COULD EASILY SPREAD, UH, AND DAMAGE OTHER STRUCTURES.
SO THAT WOULD BE OUR CONCERN IS, YOU KNOW, GETTING INTO THE OTHER PROPERTIES.
UM, I'M ALWAYS HAPPY TO GIVE A BIT MORE TIME, BUT I THINK AT LEAST I'VE MADE, UH, MY DECISION ON IT.
UM, I THINK, UH, COMMISSION ELLI HAS SOME OTHER THINGS TO ADD.
I MOVED TO CLOSE THE HEARING AND ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS IN RECOMMENDED ORDER.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND AS WELL AS A MOTION TO ADOPT THE RECOMMENDED ORDER AS IS.
AND WE ALREADY HAVE A SECOND, UM, FROM COMMISSION OLUGO, DOES ANYBODY ELSE WANNA WEIGH IN OR, OH, IT WAS YOU? YEAH.
I'M NOT THE ONLY ONE WITH A QUICK DRAW, YOU KNOW,
OKAY, SO I, I'M JUST GOING BASED ON THOSE PHOTOS REALLY, AND THE FACT THAT IT'S IN A NEIGHBORHOOD VERY CLOSE TO THOSE OTHER HOMES.
UM, SO I WOULD LEAN TOWARDS ADOPTING THE PROPOSED ORDER, THE FACT THAT, UM, FROM THE DOCUMENTS IN FRONT OF US, IT LOOKS LIKE THE OWNERS HAVE HAD THIS PROPERTY SINCE TWO, 2002.
SO THAT'S PLENTY OF TIME TO TAKE CARE OF IT AND, UH, AND KEEP AN EYE ON IT AND THINGS.
SO I'M INCLINED TO, UH, VOTE YES ON THIS PROPOSED ORDER MYSELF.
SO, UM, IF WE DON'T HAVE, OKAY, COMMISSIONER FRANCIS.
YEAH, THESE ARE TOUGH ONES, RIGHT? WE WANT FOLKS TO KIND OF MOVE ALONG, GET INTO COMPLIANCE, BUT I THINK WITH THE HEALTH ISSUES, THE COMMENTS, SAFETY ISSUES, AND FROM THE, UH, FIRE CHIEF THAT, AND GIVEN THE PHOTOS AND THE FACT THAT THE REPAIR ESTIMATE DOESN'T EVEN ADDRESS THE ROOF, IT CAUSES ME CONCERN.
SO I WOULD BE IN SUPPORT OF THAT AS WELL.
COMMISSIONER BENIGNA, GO AHEAD.
YEAH, SO MY SUPPORT IN THIS PARTICULAR INSTANCE COMES FROM MOSTLY THE FACT THAT THEY'LL HAVE PLENTY OF TIME TO FIX THIS IF THEY WANT TO.
AS, UM, MANAGER MOORE MADE CLEAR EARLIER, DEMOLITION DOESN'T HAPPEN ON THE 46TH DAY.
UM, IT'S PROBABLY A SIX MONTH LEAD TIME.
SO IF THEY HAVE THE MONEY AND THE WILLINGNESS TO TRY TO FIX THIS SHED, WHICH IT SEEMS LIKE IT MIGHT BE A GROUND UP RECONSTRUCTION, THEN THEY HAVE THE TIME TO DO THAT.
AND IF THEY DON'T, IT DOES LOOK LIKE IT.
FOR SAFETY REASONS AND PRACTICAL REASONS, IT NEEDS TO BE DEMOLISHED.
AND I'M ALSO ALWAYS HESITANT TO OVER FINANCIALLY, BURDEN INDIVIDUAL HOMEOWNERS, BUT THERE'S NO PENALTY EXCEPT FOR RECOUPING THE CITY'S COSTS OF DEMOLITION.
UM, SO THOSE ARE THE RE I THINK IT'S VERY REASONABLE.
THEY'RE GONNA HAVE ABOUT SIX MONTHS TO GET THIS DONE.
UM, IT SEEMS LIKE IT'S A FOOL HEARTY AMBITION TO SAVE THIS SHED, BUT IF THEY WANT TO, THEY CAN TRY.
UM, SO I'LL START WITH COMMISSIONER O LUGO, DO YOU HAVE ANYBODY REASON? I'M IN FAVOR.
COMMISSIONER BENIGNO IN FAVOR, AND I'M IN FAVOR AS WELL.
COMMISSIONER CAMPBELL? I'M IN FAVOR COMMISSION OAD.
I THINK YOU'RE ON MUTE, BUT, UM, YES, I, YOUR HONOR, THANK YOU.
SO WE'LL GO AHEAD AND ADOPT THE RECOMMENDED ORDER.
THANKS EVERYONE, UM, FOR YOUR EFFORTS, AND THANKS MR. ATWOOD.
DID YOU HEAR THE DECISION? YES.
COMMISSIONER, THANK YOU COMMISSIONERS FOR YOUR TIME.
WE'LL MAIL THE ORDER OUT TO YOUR CLIENT SO YOU CAN MAYBE GUIDE HIM ALONG WITH WHAT NEEDS TO BE DONE.
[4. Case Number: CL 2023-039406]
THANK YOU, MADAM CHAIR.WE WILL GO BACK TO ITEM NUMBER FOUR.
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 23 0 3 9 4 0 6, AND IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 2,503 EAST OLTORF STREET.
IT IS ALSO KNOWN AS 25 0 2 EAST OLD STREET, 2317 SOUTH PLEASANT VALLEY ROAD AND TRIO APARTMENTS.
[01:45:01]
BE FOUND IN THE OLIVE GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.HERE ARE A FEW FACTS ABOUT THIS CASE.
THIS PA CASE IS ABOUT AN OCCUPIED COMMERCIAL MULTI-FAMILY STRUCTURE.
THE CASE WAS INITIALLY OPENED IN NOVEMBER OF 2022 AS A RESULT OF A THREE 11 COMPLAINT.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS IN YOUR READERS AND GOOGLE DRIVE FOLDERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J IN THE RECOMMENDED ORDER CODE.
INVESTIGATOR JOHNNY CERNA IS ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR CERNA, PLEASE BEGIN.
MY NAME IS, UH, JOHNNY CERNA, AND I'M A CITY OF AUSTIN CODE INVESTIGATOR.
AND THE CASE I AM PRESENTING BEFORE YOU WILL BE FOR 25 0 3 EAST OLTORF, ALSO KNOWN AS 25 0 2 EAST OLTORF BUILDING 12 PHASE TWO OF AN EXTERIOR INSPECTION.
AND THE FACTS OF THE CASE RS FOLLOWS.
THE PROPERTY WAS RECENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM, AND IN NOVEMBER, 2020 OF 2020, I WAS REASSIGNED, UH, THIS CASE.
UPON MY INSPECTIONS OF THE PROPERTY.
I FOUND THE PROPERTY HAS MULTIPLE EXTERIOR I P M C VIOLATIONS ON DECEMBER 8TH, 2022, I POSTED, UH, THIS PROPERTY.
NOW I WANNA MAKE A CORRECTION THAT, THAT NOVEMBER OF 2022, I WAS, UH, REASSIGNED THIS PROPERTY, NOT 2020.
UH, IN DECEMBER 8TH, 2022, I POSTED THIS PROPERTY WITH THE NOTICE OF VIOLATION.
SINCE NOVEMBER OF 2022 THROUGH TODAY, I'VE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY AND HAVE FOUND THAT SOME DEFICIENCIES HAVE BEEN ADDRESSED, BUT MANY CONTINUE TO REMAIN.
UH, THE FOLLOWING PHOTOGRAPHS THAT I WILL BE PRESENTING AS EVIDENCE ARE REPRESENTATION OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS.
EXHIBITS TWO A AND B ARE CONTEXTUAL PHOTOGRAPHS OF THE MONUMENT SIGN AND BUILDING 12 OF PHASE TWO.
NEXT SLIDE EXHIBITS, UH, TWO THROUGH TWO E TWO C THROUGH TWO E WILL BE REPRESENTATIVE PHOTOGRAPHS OF SOME OF THE MAIN ELECTRICAL PANELS LOCATED AT BUILDING 12 AND THE PROPERTY INCLUDING MISSING PUNCHOUT COVERS.
NEXT SLIDE, AS SHOWN IN EXHIBIT TWO D OR IMPROPERLY INSTALLED DEAD FRONT FACE PLATE COVERS IN THE MAIN ELECTRICAL PANELS AS, AS SHOWN IN EXHIBIT TWO E.
YOU CAN SEE HERE, THIS IS, UM, AN EXAMPLE OF, UH, OF THE ISSUES THAT ARE FOUND.
UH, THIS MAIN ELECTRICAL PANEL IS TOO CLOSE TO THE GROUND, MISSING AN ELECTRICAL PUNCH COVER AND AN IMPROPERLY INSTALLED, UH, DEAD FRONT FACE PLATE COVER.
ANYBODY CAN COME AND PICK THIS UP AND FIND THEMSELVES IN A WORLD OF HURT.
THERE'S A MULTI-FAMILY PROPERTY WITH, UM, MANY FAMILIES.
NEXT SLIDE EXHIBITS, UH, TWO F AND TWO G.
AGAIN, THESE ARE REPRESENTATIVE EXAMPLES OF DEFICIENCIES FOUND AT GROUND LEVEL OF ANOTHER COMMON DEFICIENCY FOUND THROUGHOUT, UH, THE PROPERTY.
AND BUILDING 12, UH, EXHIBIT TWO F IS AN EXAMPLE OF A MISSING DEAD FRONT FACE PLATE COVER, UM, FOR THE AIR CONDITIONERS, ALONG WITH IMPROPERLY INSTALLED AIR CONDITIONERS, UM, THAT, UH, WERE INSTALLED WITHOUT A PERMIT THAT NEED, UH, CORRECTIONS TO MAKE THEM FUNCTION AS INTENDED.
EXHIBITS, UH, TWO H THROUGH TWO
YOU CAN SEE RIGHT BELOW THIS, UH, SERVICE DISCONNECT FOR AN AC WHERE THE CONDUIT IS JUST NOT PROPERLY ATTACHED.
[01:50:01]
PHOTO OF MULTIPLE ACS WITH THAT SAME ISSUE.AND, UH, THIS IS ANOTHER REPRESENTATIVE EXAMPLE OF THAT SAME ELECTRICAL, UH, ISSUE WITH IMPROPERLY INSTALLED, UH, CONDUITS.
THEY'VE REPLACED A LOT OF AIR CONDITIONERS, BUT, YOU KNOW, NEVER BOTHERED TO CHANGE OUT THE, UM, THE CONDUIT, UH, TO MAKE IT PROPERLY FIT.
AS YOU CAN ALSO SEE IN THIS PICTURE, THERE'S A, AN IMPROPERLY INSTALLED, UH, MISSING SERVICE PANEL TO THE ACS.
THIS WILL CONCLUDE MY PRESENTATION OF BUILDING 12, AND I STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDED ORDER.
THANK YOU, INVESTIGATOR CERNA.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACTS, 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 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.
NUMBER ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
NUMBER TWO, REPAIR ALL CITED VIOLATIONS TO THE COMMERCIAL MULTI-FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
NUMBER 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 THE 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.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO J.
UM, JUST TO DOUBLE CHECK, DO WE HAVE ANYBODY HERE FOR THE OWNERS? ANYBODY HERE FOR PLEASANT VALLEY, UM, PROPERTIES?
UM, I DO HAVE A QUESTION FOR INSPECTOR CERNER REAL QUICK, AND THEN COMMISSIONER FRANCIS AND ASK ALSO, DID YOU EVER MAKE CONTACT WITH ANYONE AT ALL REGARDING THIS PROPERTY? UH, INITIALLY I HADN'T MADE ANY CONTACT.
UM, I WENT TO TRY TO POST THE PROPERTY AND TRY TO MAKE CONTACT WITH MANAGEMENT STAFF THERE.
UM, EVENTUALLY IT WAS DURING A FOLLOW-UP, UH, INSPECTION THAT I RAN INTO A MAINTENANCE WORKER.
I GRABBED THEM, I WALKED THEM AROUND THE BUILDING.
I HAD TOLD 'EM THAT WE HAD BEEN ORIGINALLY THERE DUE TO THE FACT THAT THERE WAS A THREE 11 COMPLAINT ABOUT OVERFLOWING SEWAGE ONTO, UH, THE PROPERTY SIDEWALKS AND PUBLIC SIDEWALKS.
AND THAT'S, THAT'S HOW MY INSPECTION STARTED.
I LET 'EM KNOW, I SHOWED 'EM EACH OF THE DEFICIENCIES.
I, I WAS, I'VE, AS I'VE TOLD THE COMMISSION BEFORE, I'M VERY, UH, STRONGLY AND KEEN TRYING TO EDUCATE, UH, PROPERTY MANAGERS AND MAINTENANCE WORKERS AS TO THE DEFICIENCIES THAT WE LOOK FOR, THAT, UH, UM, WE WOULD LIKE REPAIRED WITHIN A TIMELY MANNER.
SO THE, UM, I HAVE HAD CONTACT AND THEY'VE MADE SENSE.
THEY'VE MADE SOME REPAIRS, UH, SINCE, UM, I THINK THE LAST TIME I MADE CONTACT WITH THEM WAS BACK IN APRIL.
BUT A LOT OF THESE DEFICIENCIES, UH, CONTINUED TO REMAIN.
I DO, UM, HAVE A QUICK FOLLOW UP AND THEN COMMISSIONER FRANCIS, DO YOU MIND? OKAY, SO ON THE DECEMBER NOTICE THAT WENT OUT, IT LOOKS LIKE THERE ARE LOTS OF VIOLATIONS, RIGHT? A LONG LIST.
SO, UM, I CAN'T REALLY GO THROUGH THEM ALL, BUT IT LOOKS LIKE YOU HAVE ABOUT 18, MAYBE MORE ON THAT LETTER.
SO YOU THINK THEY'VE DONE QUITE A BIT, OR SUBSTANTIAL REPAIRS, OR NOT REALLY? UM, THEY'VE DONE PROBABLY A THIRD OF THE REPAIRS.
UM, IT, IT WASN'T A COMPLETE COMPREHENSIVE INSPECTION.
I WAS ORIGINALLY THERE FOR, UM, OVERFLOWING SEWAGE.
UH, WHEN I ARRIVED, I, I RAN INTO, UM, WORK, UM, BEING DONE TO REMEDY THAT.
UM, WHEN THE PLUMBERS SAW ME, THEY LEFT AND NEVER CAME
[01:55:01]
BACK.SO I ENDED UP WRITING WORK WITHOUT PER, YOU KNOW, PERMIT.
AND AS I QUICKLY WALKED AROUND THE BUILDING, THESE ARE THE DEFICIENCIES THAT, THAT I CAME UP WITH.
UH, INSPECTOR SARNEY, YOU MENTIONED EARLIER ON THIS PROPERTY IS IN THE REPEAT OFFENDER PROGRAM, CORRECT? IT, IT WAS RECENTLY, UH, UH, BROUGHT INTO THE REPEAT OFFENDER PROGRAM.
THEY'RE CURRENTLY, UH, WE'RE WAITING FOR THE APPEAL TIME TO, TO, UH, EXPIRE BEFORE THEY'RE, THEY'RE ADMITTED INTO THE PROGRAM.
YOU TALKED WITH ONE OF THE MAINTENANCE WORKERS.
HAVE YOU HAD CONTACT AT ALL WITH THE, ANY OF THE MANAGEMENT, MANAGEMENT STAFF OR THE OWNERS OF THE ACTUAL PROPERTY ITSELF? I DID, I DID SPEAK WITH THE, UM, THE PROPERTY MANAGER.
UH, I SAT WITH HIM FOR ABOUT A GOOD HOUR AND A HALF, WENT OVER, UM, THE, UM, THE ISSUES, SHOWED HIM, I'VE SENT PICTURES OVER TO THEM, WALKED THEM OVER.
I'VE SENT THEM SPREADSHEETS, UM, WITH, UM, ALL THE DEFICIENCIES AND THE REMEDIES.
SO THAT'S, UM, THE LAST CONTACT I I MADE WITH THEM.
I, I BELIEVE, I'M NOT REALLY SURE, I THINK IT WAS BACK IN, IN MARCH, UM, OR SO WAS APRIL WHEN YOU'D LAST TALKED WITH THE MAINTEN MAINTENANCE WORKER OR, OKAY.
NOT THE MAINTENANCE WORKER, BUT THE, UH, WE, THROUGH EMAIL, I SPOKE WITH, UM, WITH THE PROPERTY MANAGER.
UM, YEAH, COMMISSIONER FRANCIS, GO AHEAD.
I MOVED TO CLOSE THE PUBLIC HEARING AND ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDED ORDER.
UM, COMMENTS, THOUGHTS A SECOND? OH,
SO, UM, I'M LEANING TOWARDS THIS ORDER, YOU KNOW, THE RECOMMENDED ORDER SIMPLY BECAUSE THE OWNERS ARE NOT HERE TO SPEAK FOR THEMSELVES.
THEIR MANAGEMENT COMPANY IS NOT HERE.
AND, UM, THEY'VE HAD THE PROPERTY FOR A WHILE BASED ON, ON THE PROPERTY RECORDS.
SO I'M INCLINED TO VOTE YES ON THAT.
BUT, UM, IF ANYBODY ELSE HAS COMMENTS OR THOUGHTS.
ALL RIGHT, WE'LL GO AHEAD AND START VOTING COMMISSION OLUGO.
AND I'M IN FAVOR, COMMISSIONER FRANCIS.
COMMISSIONER CAMPBELL, I'M IN FAVOR AND COMMISSIONER STILL STAND? AYE, THANK YOU VERY MUCH.
THE ORDER PASSES AND, UM, I'M SURE THEY'LL RESPOND WHEN THEY GET THAT IN THE MAIL THIS TIME AROUND.
[FUTURE AGENDA ITEMS]
AGENDA ITEMS. I HAVE ONE THING, UM, WHICH IS THE OWNER THAT WAS HERE EARLIER, MR. TRAN.UM, AND THE CASE NUMBER WAS CV 20 21 0 4 4 2 70.
UM, HE WANTED TO BE PUT ON THE AGENDA FOR AS SOON AS POSSIBLE, UH, MAYBE JUNE.
UM, SO COMMISSIONERS, I'M SURE YOU HEARD HIM AND HIS CASE WAS HEARD A WHILE BACK AND IT TOOK HIM WAY LONGER THAN HE THOUGHT IT WOULD TO MAKE THE REPAIRS.
IT WOULD LIKE TO COME BACK FOR US TO REVIEW, POSSIBLY WAIVING SOME ACCRUED FINES OR PENALTIES.
SO, UM, I WOULD SAY, I DON'T REALLY KNOW WHAT THE WORKLOAD LOOKS LIKE OR HOW MANY CASES YOU ARE ALREADY HAVING IN MIND FOR JUNE.
SO DO YOU HAVE AN IDEA RIGHT NOW OR DO YOU HAVE A CERTAIN TIMEFRAME YOU PREFER THESE TYPES OF CASES TO COME BEFORE US? A SPECIFIC, LIKE, UM, LET'S SAY YOU GROUP THEM, IT LOOKS LIKE YOU GROUP THEM TOGETHER SOMETIMES, RIGHT? THAT'S TRUE.
UM, HONESTLY, I THINK WE CAN FIT IT IN FOR NEXT MONTH.
UM, I'VE SPOKEN TO THE OWNER AND HE'S, HE IS, UM, I BELIEVE HE'S, HE'S ATTEMPTING TO, UH, REFINANCE HIS PROPERTY.
AND SO, YOU KNOW, HE'S, HE'S REALLY LOOKING TO, YOU KNOW, GET, GET THE FINAL PAYOFF, WHATEVER THAT IS, AND IN FRONT OF HIS FINANCE COMPANY SO THAT HE CAN SECURE THAT REFINANCING.
UM, COMMISSIONER FRANCIS, I HAVE A REQUEST.
[02:00:01]
THIS BEFORE, RIGHT? AND THE, THE DIFFICULTY IS FOR US TO QUANTIFY THAT.SO LIKE WE DID LAST TIME, IT'D BE REALLY HELPFUL IF WE HAD SOME IDEA OF WHAT, WHAT OUR ACTUAL COSTS ARE.
I, THAT THAT'S YOU OR ME, BUT YEAH.
CAN YOU HEAR ME? DOES THAT MAKE SENSE? UH, DOESN'T SOUND LIKE OKAY, THERE, IT'S, I'M GLAD YOU BROUGHT THAT UP CUZ ACTUALLY, YOU KNOW, I'VE BEEN WORKING WITH ONE OF OUR, UM, PROCESS CONSULTANTS, UH, WITH THE DEPARTMENT AND, UM, WE KIND OF DID A COST OF SERVICE TYPE MODEL WITH IT.
AND JUST CONSERVATIVELY SPEAKING, IT DOESN'T, YOU KNOW, ACCOUNT FOR EVERYTHING.
OH, WE DON'T, NOT, NOT FOR ACTION ANYWAY.
WELL, UH, YEAH COUNSEL, WELL I CAN GIVE, I COULD GIVE THE ANSWER OF HOW MUCH WE IT COSTS, RIGHT? UM, INFORMALLY, PERHAPS.
YEAH, I'M JUST ASKING THAT THAT WOULD BE LOOKED AT NOT, NOT FURTHER PANEL.
YES, COMMISSIONERS, THAT IS SOMETHING THAT, UM, COMMISSIONER MOORE CAN PRESENT ON BEFORE YOU CONSIDER THE PENALTY FORGIVENESS CASE.
UM, BUT UNFORTUNATELY WE ARE NOT POSTED FOR THAT DISCUSSION, UM, TONIGHT.
SO, UM, BUT THAT, THAT IS ABSOLUTELY A QUESTION THAT YOU CAN GET ANSWERED AND UM, IF, IF, IF YOU'D LIKE TO RECEIVE AN EMAIL OR SOMETHING LIKE THAT BEFOREHAND, THAT CAN HAPPEN AS WELL.
I THINK THE THRESHOLD THING IN FRONT OF US TONIGHT IS TO DETERMINE WHETHER WE WOULD ALLOW MR. TRENT TO EVEN COME.
YEAH, WE HAVE ROOM WE WE'LL PUT ON THE AGENDA.
I MEAN THAT'S GONNA GOTTA COME FROM Y'ALL.
DOES THAT, UH, ARE YOU, WHERE YOU, OKAY.
AND I THINK WE HAVE ANOTHER QUESTION ON THIS SIDE.
NO, I WAS JUST GOING TO ASK COUNSEL, WHAT CAN AND CAN WE NOT TALK ABOUT IN THIS SORT OF POST AGENDA TIME? UM, YES, COMMISSIONER, UM, SO FUTURE AGENDA ITEMS ARE, ARE NOT FOR DISCUSSION OF ITEMS, IT'S JUST TO, UM, YOU CAN BRAINSTORM WHAT DO WE WANNA TALK ABOUT AT THE NEXT MEETING.
UM, SO, UM, COMMISSIONER FRANK TALKING GENERALLY ABOUT HOW BIG COST IS THAT NOT ALLOWED? CAUSE IT WAS INSPIRED BY THE FACT NEXT MEETING.
DO YOU HAVE, UH, A UH, UH, UM, SO IS THAT QUESTION THAT WAS INSPIRED BY A FUTURE CASE ALSO NOT ALLOWED? UH, NO.
SO WE ARE NOT, UH, WE ARE NOT POSTED FOR THE DISCUSSION OF, UM, COST ASSESSMENTS.
SO, UM, SO WE WOULD, IT IS, IT IS PERFECTLY APPROPRIATE TO SAY THIS IS SOMETHING WE WANT MORE INFORMATION ON.
THIS IS SOMETHING THAT WE WOULD LIKE TO RECEIVE THIS INFORMATION IN THIS TYPE OF FORMAT.
WE WANT IT ON THE NEXT AGENDA, THINGS LIKE THAT.
UM, AND UH, THERE, THERE'S NOTHING WRONG WITH, WITH ASKING THOSE QUESTIONS INFORMALLY.
UM, I JUST, MY JOB IS TO MAKE SURE THAT THE RECORD REFLECTS THAT AT THE NEXT MEETING.
IF YOU'RE RELYING ON THAT INFORMATION, THAT IT'S INFORMATION YOU RECEIVED WHEN YOU WERE POSTED TO RECEIVE.
SO IN, IN THIS TIME WE CAN BE LIKE, OH, WE WOULD LOVE TO GET FROM THE CO DEPARTMENT JUST, YOU KNOW, ANY ROUGH IDEA OF WHAT THE COST BREAKDOWNS WOULD LOOK LIKE, BUT WE CAN'T ACTUALLY GET THAT INFORMATION TODAY.
SO HEY, I'M ALL FOR NOT BREAKING THE LAW, YOU KNOW, I MEAN LIKE, YEAH, I THINK IT'S IMPORTANT SO THAT, UH, THE THE ORDER CAN BE VALID.
BECAUSE WE CANNOT APPLY THAT TO THE NEXT HEARING.
SO, UM, I THINK THE QUESTION AGAIN, JUST TO MAKE SURE IT'S CLEAR, IS WHETHER THIS CASE CAN COME IN JUNE AS OPPOSED TO COME MUCH LATER ON OR NOT COME AT ALL.
AND I'LL BE INCLINED TO SAY YES.
UM, HE SHOULD BE ABLE TO COME BACK AND, UM, THE ONLY, UM, I GUESS CONCERN IS THAT HE COMES PREPARED.
SO NORMALLY WHEN THEY'RE POSTED FOR THESE TYPES OF HEARINGS, DO THEY GET A DOCUMENT TELLING THEM, YOU KNOW, THE SUGGESTIONS OF WHAT TO BRING OR WHAT EVIDENCE TO SUBMIT? YES, THEY WILL RECEIVE THE, UH, EXACT UM, THE SAME NOTICE OF HEARING THAT EVERYONE ELSE RECEIVES AND WE ALSO ADD JUST A LITTLE EXTRA LANGUAGE TO THEIR PARTICULAR NOTICE THAT, UH, JUST OUR CONFIRMS THAT, YOU KNOW, WE'RE BRINGING IT BACK, UH, AT THE OWNER'S REQUEST.
NOW WE DON'T NEED TO VOTE ON PUTTING SOMETHING ON THE AGENDA FOR NEXT MONTH.
SO WILL EVERYBODY BE FINE WITH THIS ONE COMING BACK IN JUNE? IT'S NOT REALLY COMING BACK, BUT COMING FROM FOR A DIFFERENT REASON IN JUNE.
I THINK I HAVE A QUESTION FOR JAMES.
THE MEETING IS SCHEDULED FOR JUNE 28TH, RIGHT? THAT'S CORRECT.
MADAME CHAIR, COMMISSIONER AGA, GO AHEAD.
DO WE HAVE TO FORMALLY VOTE ON REQUESTING THE CODE DEPARTMENT JUST GIVE US THE INFORMATION OR NO? NO, I DON'T THINK SO.
WELL AGAIN, IT'S NOT POSTED AS AN AN ACTION.
[02:05:02]
ALL RIGHT.UM, ANY OTHER FUTURE AGENDA ITEMS WE NEED TO CONSIDER? COMMISSIONERS, STAFF? NOTHING.
MY, MAY I SAY SOMETHING, UH, SO YOU WERE AT, SO YOU WERE SPEAKING ABOUT WANTING SOME INFORMATION ABOUT UM, WHAT, WHAT DIVISION MANAGER MOORE WAS SAYING.
IS THAT SOMETHING YOU WANT AS A, IS THAT SOMETHING YOU WERE ASKING TO HAVE ON THE AGENDA OR NOT? NOT A BRIEFING.
I THINK WE MIGHT BE ABLE TO GET IT INFORMALLY.
UM, SO THE QUESTION WAS SIMILAR TO WHAT YOU GIVE US AT THE RETREAT, JUST TO GIVE US A SUMMARY OR AN AVERAGE, UM, COST TO THAT WOULD BE A BRIEFING.
SO DO WE WANT TO DO THAT THEN PRIOR TO THE MEETING NEXT WEEK, NEXT MONTH? I THINK THAT WOULD BE GOOD THEN.
UM, SO MR. MOORE, WOULD YOU BE FINE WITH PUTTING THAT ON THERE FOR LIKE A 15 MINUTE BRIEFING? I'D BE FINE AS LONG AS Y'ALL DON'T MIND HEARING IT AGAIN WHEN WE DO OUR RETREAT CUZ THE NEWER ONE, YOU KNOW, THAT'S WHAT WHEN WE TYPICALLY SAVE IT FOR YEAH.
UH, BUT YEAH, I DON'T MIND DOING IT.
I THINK IT WILL BE HELPFUL BECAUSE OF THE COMMISSIONERS TRYING TO MAKE A DECISION.
IT'LL BE INFORMING US TO BE ABLE TO HEAR THAT PARTICULAR CASE AND MAYBE ANY SIMILAR CASES.
SO IF IT'S NOT TOO MUCH OF A BURDEN, I WOULD SAY 15 MINUTES, MAYBE NOTHING, UM, OVERLY DETAILED.
WILL THAT BE GOOD? COMMISSIONER FRANCIS? OKAY, GOOD.
SO WE WILL HAVE THAT AS WELL THEN.
UM, I THINK THE MI MEETING IS ADJOURNED.