[00:00:08]
[CALL TO ORDER]
ALL RIGHT.I'M GOING TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JUNE 28TH, 2023, AND LET THE RECORD REFLECT THAT THE TIME IS 6:46 PM MY NAME IS SHADAY
AT THIS TIME, I'LL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS THAT ARE PRESENT TONIGHT TO PLEASE, UM, SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO OUR COMMISSIONERS THAT ARE ONLINE, PLEASE MAKE SURE TO TURN ON YOUR CAMERA AND KEEP IT ON AT ALL TIMES SO THAT WE CAN MAINTAIN A QUORUM.
UM, VICE CHAIR RA IS NOT HERE TONIGHT.
COMMISSIONER BENO IS NOT HERE TONIGHT.
AND WE ALSO HAVE, UH, CHIEF STEVEN TRUDEL FOR THE FIRE MARSHAL HERE.
BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATIONS ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE THAT REQUIRES INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR SIX CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER SIX CASES FROM SIX PROPERTIES.
THE CASES WILL BE CONSIDERING CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSIONERS MAY TAKE A CASE OUT OF ORDER IF IT'S APPROPRIATE.
ALL MEMBERS AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
STAFF LIAISON JAMES CANDELA'S 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 NEAR THE PODIUM RIGHT THERE.
AND IF YOU ARE PARTICIPATING REMOTELY, PLEASE UNMUTE YOUR MICROPHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU AND YOUR REPRESENTATIVE.
YOU AND YOUR REPRESENTATIVE MAY ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE AS WELL.
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.
WILL A DESIGNATED TIMEKEEPER FOR TONIGHT, PLEASE INTRODUCE YOURSELF.
JAMES EVERWINE TIMEKEEPER FOR 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'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF THE ADDITIONAL WITNESSES.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL, UH, DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSIONERS DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THAT DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED NOW, WE'LL SWEAR WITNESSES UNDER OATH.
UM, ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE TONIGHT, INCLUDING THOSE ATTENDING VIA, UM, VIA REMOTE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
IF YOU'RE HERE TO TESTIFY OR SPEAK ABOUT A CASE, PLEASE STAND UP SO THAT WE CAN SWEAR YOU IN.
[00:05:01]
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 SIGNIFY BY SAYING I DO.UM, WELL, IF THERE'S NOTHING FURTHER, WE'LL PROCEED WITH THE ITEMS ON THE AGENDA.
[APPROVAL OF MINUTES]
THE FIRST ITEM WILL BE THE MINUTES FROM THE LAST MEETING.THE MINUTES ARE IN YOUR READERS.
THE MINUTES INCLUDE THE APRIL MINUTES, WHICH ARE WE, WE ARE SUBMITTING TO YOU FOR CORRECTION AND ALSO THE MAY MINUTES.
COMMISSIONERS, PLEASE TAKE A MINUTE TO REVIEW THE MINUTES FROM LAST, THE LAST MEETING.
I DO, WE HAVE A MOTION TO APPROVE THE MINUTES FROM THE LAST MEETING.
WE HAVE COMMISSIONER SELIG'S MOTION.
AND DO WE HAVE ANY OBJECTIONS TO APPROVAL OF THE MINUTES? I SECOND IT.
AND I'M ALSO IN FAVOR TO APPROVE THAT.
SO MINUTES APPROVED AND WE WILL MOVE AROUND A LITTLE BIT TONIGHT.
[STAFF BRIEFING (Part 1 of 2)]
A STAFF BRIEFING THAT, UH, IS ON TONIGHT'S AGENDA REGARDING THE MANAGERIAL ACCOUNTING ESTIMATE FOR CASES THAT WERE ESCALATED TO THE COMMISSION AND THE PRESENTER IS MR. MOORE THE MANAGER? YES.YOU CAN PROCEED WHENEVER YOU'RE READY.
UM, JUST TO, I'M NOT A HUNDRED PERCENT SURE IF WE HAVE ANYONE WHO IS HERE FOR PUBLIC COMMUNICATION.
SO THESE ARE FOR ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
SO IF YOU'RE HERE FOR AN ITEM, NOT ON TONIGHT'S AGENDA.
IS ANYBODY HERE THAT WANTED TO ADDRESS THE COMMISSION ABOUT ANY CASE THAT'S NOT ON THE AGENDA TONIGHT? NO ONE.
SO I THINK, UH, WE CAN MOVE ON TO THE STAFF PRESENTATION REALLY QUICKLY AND THAT WOULD INFORM OUR, UM, PROGRAM TONIGHT.
SO JUST FOR THE RECORD, YOU WANNA TAKE IT OUT OF PLACE? OKAY.
SORRY, I DIDN'T KNOW I WAS GOING THIS QUICK.
ARE YOU READY? UM, I MEAN, I CAN IF YOU WANT.
I JUST, I MEAN, THERE'S PEOPLE HERE, WE CAN HEAR THEIR CASES, YOU KNOW, AND I CAN GO, IT'S NO BIG DEAL'S KINDA HOW SET IT UP.
UM, I THINK COUNSEL FIGURED THAT IT WOULD HELP US WHEN WE ARE REVIEWING THIS CASE.
UM, UH, MADAM CHAIR, UM, JUST AS FAR AS THE PENALTY FORGIVENESS CASE, SO JUST ONE CASE AND I THINK THAT CASE IS THE LAST CASE.
IT'S ACTUALLY LAST ON THE AGENDA.
SO IS IT OKAY FOR US TO WAIT TILL THE VERY END THEN? OKAY.
[2. Case Number: CL 2023-024073 (Part 1 of 2)]
AND WE'LL START WITH THE FIRST ITEM ON THE AGENDA.ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 20 23 0 2 4 0 7 0 AND IS REGARDING THE PROPERTY LOCATED AT 1 1 97 IN THE LIGHT GREEN BOOK, SENIOR READERS OR GOOGLE DRIVE FOLDER.
[00:10:01]
THIS CASE WAS OPENED IN FEBRUARY OF 2015 AS A RESULT OF A FIRE.THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE.
THE STRUCTURE SUFFERED FIRE DAMAGES AND IS UNINHABITABLE.
A BUILDING PERMIT TO REPLACE THE ROOF APPEARS IN OUR PERMIT DATABASE, BUT THE FINAL DATE OF JANUARY 10TH, 2018, THERE ARE NO ADDITIONAL ISSUED PERMITS.
THE STRUCTURE IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS AND REQUIRES DEMOLITION.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT THAT VERIFIES OWNERSHIP A, A NOTICE, NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS AS WELL.
AND A FIRE REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO THROUGH TWO M M AS IN MARY.
AND LASTLY, THE CITY'S RECOMMENDED ORDER CODE INSPECTOR MICHAEL LARNER IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS MICHAEL LERNER AND I AM THE CODE OFFICER ASSIGNED TO THIS CASE.
I WAS TRANSFERRED THIS CASE BACK ON FEBRUARY 14TH, 2023, BUT THE INITIAL INSPECTION OCCURRED ON FEBRUARY THE 18TH OF 2015.
MY INITIAL PROPERTY INSPECTION OCCURRED ON FEBRUARY 14TH, 2023, AND I OBSERVED STRUCTURAL ISSUES ON THE EXTERIOR AND INTERIOR OF THE BUILDING.
AFTER DETAILING THE RESULTS OF MY INITIAL INSPECTION, I SENT A NOTICE OF VIOLATION ON FEBRUARY 24TH, 2023.
AND A SECOND NOTICE OF VIOLATION WAS SENT ON APRIL 26TH, 2023 TO THE OWNER.
AND THE PROPERTY WAS ALSO POSTED ON THE SAME DATE AND TIME TO DATE, THE STRUCTURE HAS NOT BEEN REPAIRED AND MULTIPLE VIOLATIONS REMAIN CURRENT.
THE FRONT REAR OF THE STRUCTURE HAS SIGNIFICANT DAMAGE AND MY PHOTOS WILL ILLUSTRATE WHAT I OBSERVED.
AND PHOTOGRAPH TWO A, YOU SEE A FRONT INSPECTION OR FRONT, UH, VISUAL, UH, PHOTOGRAPH OF THE RESIDENCE AT 1197 CDO.
AND PHOTOGRAPH TWO B IS AGAIN, FRONT OF THE HOUSE.
YOU CAN SEE THE FRONT UH, DOOR IS BOARDED UP.
THERE IS MISSING BOARDS UP AT THE TOP, NEAR THE ROOF LINE.
THERE'S ALSO, UM, FACIA BOARDS DOWN AT THE BOTTOM THAT IS MISSING, WHICH EXPOSES THE UNDERSIDE OF THE OF THE HOUSE.
UH, TWO C IS THE FRONT, UH, UPPER PORTION OF THE HOUSE WHERE IT MEETS THE ROOF LINE.
YOU CAN SEE THAT THE, THERE'S AN OPENING.
THERE'S A, A BLACK CAT UP THERE AT THE TOP, UH, WITH THE OPENING.
THE PORCH IS UNSAFE AND WITH DETERIORATED WOOD AND LOOKS TO BE LEANING.
NEXT, PHOTOGRAPH PLEASE AND PHOTOGRAPH 2D.
YOU CAN SEE THE SKIRTING ALONG THE EXTERIOR OF THE HOUSE, MISSING BOARDS, AND IT APPEARS TO BE LEANING, UH, WHICH INDICATES THAT IT MIGHT BE AN UNSAFE FOUNDATION.
AND PHOTOGRAPH TWO E IS THE BACK OF THE HOUSE.
YOU CAN SEE THE BACK DOOR IS BOARDED UP.
THERE'S A HOLE IN THE, UH, ROOF AT THE TOP OF THE ROOF LINE THAT CAN ALLOW, UH, ANIMALS AND, AND OTHER CREATURES INSIDE THE HOUSE.
THIS IS A CLOSEUP OF THE LARGE HOLE THAT'S IN, UH, TOWARDS THE ROOF LINE.
THE, UH, BACK PATIO STRUCTURE SEEMS TO BE A LITTLE UNSAFE, UH, DETERIORATED WOOD.
UH, THE, THE SKIRTING AROUND THE, THE HOUSE, THE WOOD, UH, SKIRTING IS, UH, MISSING SOME OF THE, UH, WOOD.
AND THERE'S, UH, TOWARDS THE EASEMENT UP AT THE TOP OF THE ROOF LINE IS, UH, OPEN.
IN PHOTOGRAPH TWO G IS, UH, AGAIN, BACK PORTION OF THE HOUSE.
YOU'VE GOT THE SKIRTING ALONG THE BASELINE OF THE HOUSE, WHICH IS OPEN, MISSING BOARDS.
PHOTOGRAPH TWO H IS A PHOTOGRAPH OF THE CHIMNEY, UH, PIPE THAT'S, UH, DETERIORATED AND ROTTED.
YOU'VE GOT FACIA BOARDS DOWN AT THE BOTTOM THAT ARE MISSING.
[00:15:01]
PHOTO PLEASE.PHOTOGRAPH TWO, I IS SIDE OF THE HOUSE, NO TRESPASSING SIGN IN THE FRONT.
THE SKIRTING AGAIN, THE FACIA BOARDS ARE, UH, GAPPED AND STARTING TO SEPARATE.
AND PHOTOGRAPH TWO J IS A PHOTOGRAPH OF THE ELECTRICAL BOX, WHICH HAS BEEN DISCONTINUED.
IT'S BEEN PULLED, AND THE ELECTRICAL LINES ARE SHOWING TO BE EXPOSED.
TWO K PHOTOGRAPH IS A INTERIOR JUST INSIDE THE BACK DOOR, WHICH WAS OPEN AT THE TIME THAT I TOOK THIS PHOTOGRAPH.
YOU CAN SEE THAT THERE'S A LOT OF TRASH AND DEBRIS THAT'S INSIDE.
NO ELECTRICITY IS TO THIS RESIDENCE.
TWO L IS A PHOTOGRAPH OF THE, UH, ONE AND ONLY, UH, TOILET THAT I WAS ABLE TO FIND.
AGAIN, THERE'S NO FLOORING, THERE'S NO INSULATION ON THE WALLS.
UM, JUST A LOT OF TRASH AND DEBRIS INSIDE THE HOUSE.
UH, TWO M IS THE PHOTOGRAPH OF WHERE THE FIRE ACTUALLY OCCURRED.
UH, JUST TO THE RIGHT OF THE PHOTOGRAPH IS A PICTURE OF THE CHIMNEY, WHICH HAS BEEN DISCONNECTED FROM THE PIPING THAT WAS TO THE OUTSIDE OF THE HOUSE.
YOU CAN SEE THE WALLS ARE STILL CHARRED FROM THE SMOKE AND, UH, FIRE DAMAGE THAT THAT OCCURRED ON THAT DATE.
NEXT PHOTO, I THINK THAT WAS THE LAST ONE.
UH, IN CONCLUSION, THE THE VA VACANT STRUCTURE HAS NO TRESPASSING SIGNS POSTED IN THE FRONT OF THE PROPERTY AND IS NEAR EAST 12TH STREET AND CODO, WHICH IS A VERY BUSY INTERSECTION.
I HAVE NOT OBSERVED ANY HOMELESS ACTIVITY IN NEAR OR AROUND THE, THE BOARDED AND UNFENCED VACANT STRUCTURE.
THIS INCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE, REQUIRE THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RATE AND C REQUEST INSPECTIONS FROM DEVELOPMENT SERVICES DEPARTMENT TO VERIFY.
COMPLIANCE NUMBER TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSED 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.
THE 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 STAFF'S EXHIBIT ONE AND EXHIBIT TWO, UM, WHICH CONSISTS OF TWO A THROUGH TWO M THE PHOTOGRAPHS.
DO WE HAVE ANY OWNER HERE? UM, I THINK WE HAD MR. MAYHEW ON THE LIST, BUT I'M NOT SURE IF HE'S HERE.
IS IT MS. SOLIS? YES, HE'S ON THE, MR. MAYHEW IS ON THE PHONE? YES.
IF YOU CAN JUST GET HIM ONLINE, THAT WOULD BE GREAT.
UH, CAN YOU HEAR, UH, OFFICER MAYHEW? HELLO? IS THAT MR. MAYHEW? YES, IT IS.
STANDING BY WHEN YOU'RE, WHEN YOU'RE READY FOR US TO TALK.
UM, CAN YOU REPEAT THAT PLEASE? STANDING BY WHEN YOU'RE READY FOR ME TO BEGIN.
ARE YOU GOING TO SPEAK FIRST AND OR IS MS. SOLIS ALSO HERE FOR YOU SPEAK? HAVE MS. SOLIS SPEAK FIRST, PLEASE.
UNLESS, UNLESS SHE WANTS ME TO, EITHER
[00:20:01]
ONE.MS. SOLIS, YOU HAVE THREE MINUTES.
I UNDERSTAND THAT THE HOME NEEDS TO BE, UM, DEMOLISHED.
OUR FAMILY IS CURRENTLY UNDER PROBATE.
WE ARE WAITING FOR THE LETTERS OF ADMINISTRATIONS FROM THE COURT.
SO AT THIS POINT, UH, WE NEED TIME TO HAVE THE HOME DEMOLISHED.
THE FAMILY WILL DO IT OURSELVES.
BUT CURRENTLY WE ARE IN PROBATE AT THIS TIME, AND WE DO HAVE LEGAL REPRESENTATION.
WE'VE DONE OUR BEST TO KEEP THE YARD CLEAN, KEEP EVERYTHING INTACT AS BEST AS WE CAN, BUT THE FAMILY REQUESTING TIME TO HAVE THE HOME DEMOLISH, WHICH WE WILL DO.
THANK YOU FOR KEEPING THAT BRIEF.
SO IT SEEMS LIKE YOU ARE ON THE SAME PAGE WITH THE ULTIMATE RESULT.
YOU JUST WANT TO HANDLE IT ON YOUR OWN.
WELL, UM, DID MR. MAY YOU WANT TO ADD ANYTHING ELSE? IF NOT, WE'LL GO AHEAD AND JUST HAND IT OVER TO THE COMMISSIONERS FOR QUESTIONS.
I WOULD LIKE TO ADD A FEW THINGS.
WHAT'S MY TIME OF IT? IS, IS IT ALSO TWO MINUTES? YES, SIR.
SO THIS, EVERYTHING YOU SAID IS ACCURATE AS IT WELL AS KIM.
UH, THE PROPERTY IS ARE OWNED BY MY GRANDMOTHER.
MY FATHER WAS LIVING IN THE PROPERTY OR ADJACENT TO THERE AND TAKING CARE OF THIS, ALL THE ADMINISTRATIVE WORK, AS WELL AS THE PAPERWORK AND CITATIONS AND EVERYTHING THAT WAS BEING RECEIVED THE MAIL UP UNTIL HIS ACCIDENT, HE HAD A MEDICAL ACCIDENT AS A RESULT OF THE FREEZE IN 2021.
AND MY COUSINS AND I HAD ALL THIS, THESE SITUATIONS THRUST UPON US WHEN HE WENT TO A NURSING HOME.
UH, IN APPROXIMATELY THE AUGUST OF 2021, SINCE AUGUST OF 2021, WE'VE TAKEN CARE OF ALL.
AS KIM HAS MENTIONED, WE'VE TAKEN CARE OF ALL CITATIONS, UH, EXCEPT FOR THE DEMO DEMOLITION THAT WE'VE BEEN ABLE TO TAKE CARE OF TO INCLUDE HAVING, UM, VEHICLES REMOVED FROM THE PROPERTY, HAVING A LAWN TAKEN CARE OF, AS WELL AS HAVING THE FRONT DOOR MOST RECENTLY BEING BOARDED UP AS WAS DIRECTED, UH, ACCORDING TO THE CITATION THAT WAS RECEIVED IN THE 14TH OF JULY.
FOR THIS NOTICE OF HEARING, UH, IF WE ARE REQUESTING TO RECEIVE IN EXCESS OF THE ADDITION TO TIME BEYOND THE MAXIMUM LEVEL OF 90 DAYS, PLEASE SUBMIT THE FOLLOWING.
SO WE HAVE SUBMITTED THREE BIDS.
CONTRACTORS, WE HAVE ACTUALLY LOOKED INTO ACTUALLY HAVING THE BUILDING DEMOLISHED.
UH, WE HAVE ALSO PROVIDED PROOF OF FUNDS TO PAY FOR THEM OURSELVES.
UH, LASTLY, UH, KIM WAS TALKING ABOUT NEEDING MORE TIME.
I HEARD THAT YOU'RE RECOMMENDING 45 DAYS.
I WOULD LIKE TO, WE WOULD LIKE TO REQUEST THAT THE TIME LIMIT OF A CERTAIN AMOUNT OF DAYS AS MISSING.
WE LIKE TO HAVE THE TIME THAT THE CITY GIVES US TO HAVE THESE PROPERTIES DEMOLISHED TO BE TIED TO THE PROBATE CASE AND THE ADMINISTRATIVE RIGHTS THAT ARE ISSUED, THE CAN THAT WE'RE CURRENTLY SEEKING, UH, FOR THAT, UH, WHAT ELSE AM I GONNA SAY HERE? UH, SO WE'VE DONE EVERYTHING THAT WE CAN UP TO THIS POINT.
WE'VE ALSO HAD THE GAS LINE REMOVED, UH, IN PREPARATION FOR DEMOLITION.
SO THE ONLY, SO OF ALL THE THINGS THAT WE'VE TRIED TO ACCOMPLISH TO GET THESE PROPERTIES DEMOLISHED, WE HAVE DONE MM-HMM.
IS THE, I'M, I'M HOPING THAT I'VE SHOWED THAT WE'RE CREDIBLE PEOPLE AND I WANT US NOT JUST DRAGGING OUR FEET.
AND WE APOLOGIZE FOR THE TIME IT'S TAKEN TO GET TO THIS POINT.
UM, I APPRECIATE YOU GIVING US OTHER INFORMATION THAT'S GOING TO BE HELPFUL.
UM, YEAH, WE'LL GO AHEAD AND START WITH THE QUESTIONS AND, UH, WE'LL START WITH COMMISSIONER FRANCIS.
YOU SAID YOU NEEDED TIME TO FINISH OUT PROBATE RATHER THAN HAVE IT TIED TO SOME OTHER ACTION.
HOW MUCH TIME DO YOU THINK YOU NEED? WE'RE WAITING ON THE COURTS.
WE'VE BEEN IN PROBATE FOR TWO YEARS, AND SO WE ARE JUST WAITING CURRENTLY FOR THE LETTERS OF ADMINISTRATION.
UM, SOMETHING THAT WE HAVE NOT EXPECTED TO GO THROUGH.
THIS IS OUR GRANDMOTHER'S HOUSE.
MY GRANDMOTHER HAD FOUR CHILDREN, TWO OF THEM ARE DECEASED AND THE OTHER TWO ARE IN A NURSING HOME.
THEREFORE, THE GRANDCHILDREN HAVE STEPPED IN AND INTERVENED, AND WE'VE DONE EVERYTHING THAT WE COULD POSSIBLY DO TO KEEP THESE HOUSES INTACT.
THEY'RE ACTUALLY TWO, BUT THIS ONE HAS A LOT OF VIOLATIONS.
SO WE'RE WAITING ON THE COURTS.
OUR HANDS ARE TIED UNTIL WE CAN GET THE LETTERS OF ADMINISTRATION.
UH, KAISHA ES UM, UM, BARRY, SORRY THAT PROBATE IS TAKING, UM, SO LONG.
UH, ONE THING THAT I WOULD LOVE TO GET A BIT MORE CLARIFICATION ON IS WHAT IS, UM, DO YOU, UH, CAN YOU ADD A BIT MORE CLARITY INTO WHY, IF YOU AGREE THAT THE HOUSE NEEDS TO BE DEMOLISHED, IS THERE ANY SPECIFIC OUTCOME YOU'RE HOPING TO ACHIEVE BY DEMOLISHING IT YOURSELF VERSUS HAVING THE CITY DO IT? THAT HAS TO BE DISCUSSED WITH THE FAMILY.
[00:25:01]
JUST TRYING TO GET THE HOUSE AND OUR NAMES.AS OWNERS, WE CANNOT DO ANYTHING UNTIL IT'S IN OUR NAME.
WE ARE WILLING TO HAVE THE HOUSE DEMOLISHED BECAUSE WE UNDERSTAND THE CONDITION, BUT IN OUR SITUATION, OUR HANDS IS TIED UNTIL WE CAN COMPLETE THIS IN COURT.
AND IF THE HOUSE WERE DEMOLISHED, UH, BEFORE THE PROBATE WENT THROUGH, WOULD YOU NOT BE ABLE TO GET THE PROPERTY IN YOUR NAME? NOT AT THIS TIME, NO.
IT SHOULD HAVE BEEN DONE A LONG TIME AGO.
BUT MY UNCLE IS IN A NURSING HOME WHO WAS CURRENTLY CARING FOR IT, BUT IT'S NOT IN ANYBODY'S NAME.
SO THAT PROPERTY HAS TO BE IN SOMEBODY'S NAME, EVEN WITH CONTRACTORS, THAT'S THE FIRST THING TO ASK YOU.
ARE YOU THE OWNER? WE'RE NOT THE OWNERS.
YOU HAVE TO BE THE OWNER OF THAT PROPERTY.
WE HAVE HAD BIDS FROM CONTRACTORS.
WE HAVE, AS MY COUSIN HAS STATED, ADDRESS THIS, BUT YOU HAVE TO BE THE OWNER AND THE GRANDCHILDREN IS, SIX OF US HAVE STEPPED IN AND TRIED TO INTERVENE WITH THESE HOUSES FOR YEARS, TWO YEARS.
AND THE DEMOTION OF THE PROPERTY MEANS THAT THE, THE LAND ITSELF, LIKE THE, THE, THE, THE SITE WOULD NOT BE GRANTED BACK TO YOU IF THE PROBATE WERE TO GO THROUGH.
ONCE THE PROBATE GO THROUGH, WE'LL GET THE HOUSE.
WE CAN'T DO ANYTHING UNTIL IT'S IN OUR NAME.
IT'S IN MABEL'S HARPER NAME AND SHE'S DECEASED.
THE PHOTOS THAT YOU SUBMITTED HAVE BEEN CONDITIONED.
THE PHOTOS THAT YOU SUBMITTED FOR US TO LOOK AT IN TERMS OF THE CONDITION, IS THIS HOW THE PROPERTY'S BEEN SINCE 2015? I BELIEVE SO, YES, SIR.
UM, I HAVE ANOTHER ONE, ONE MORE QUESTION.
IF THE, IF THE CITY GOES AHEAD AND DEMOLISHES THE PROPERTY, UM, THEN THE OWNERS ULTIMATELY WILL HAVE TO PAY FOR THAT, RIGHT? CORRECT.
WHENEVER THAT'S DETERMINED, WHOEVER IS THE OWNER.
SO IF YOU, IF YOU GO AHEAD AND DEMOLISH THE PROPERTY AND THERE'S A, SAY A $10,000 FEE, UM, IS THAT GONNA ACCRUE INTEREST OVER TIME? YES.
SO MY QUESTION IS FOR FIRE MARSHAL TRUESDALE, UM, I'M CURIOUS ABOUT, SINCE SEEMINGLY THE BIG DISPUTE HERE IS WHEN DEMOLITION SHOULD OCCUR, I MEAN, IT LOOKS TO ME LIKE THERE'S A BIG FIRE RISK WITH THIS PROPERTY AND THE POTENTIAL THAT IT WOULD SPREAD TO OTHER PROPERTIES.
HOW IMMINENT OF A THREAT DOES THAT SEEM TO YOU, GIVEN THE CONDITION OF THE PROPERTY? I DON'T THINK THERE'S A BIG CONCERN FOR SPREADING TO ADJACENT PROPERTIES.
UM, IT WOULD BE LESSENED IF THERE WERE NO CONTENTS INSIDE.
BUT I WILL SAY THAT, UH, THE, THE PROBLEM THAT WE EXPERIENCE WITH THESE HOMES IS PEOPLE EXPERIENCING HOMELESSNESS OFTENTIMES WILL FIND A WAY IN AND THEN EITHER AN ATTEMPT TO STAY WARM OR COOK, THEY WILL IGNITE THE, THE BUILDING ON FIRE.
WHEN THE FIREFIGHTERS GO IN, IT'S VERY DANGEROUS FOR THEM BECAUSE OF THE DETERIORATION.
YOU KNOW, THERE'S, THEY TEND TO, YOU KNOW, SOMETIMES FALL THROUGH THE FLOOR.
UM, OFTENTIMES THE PERSON THAT STARTED THE FIRE IS GONE, BUT WE STILL HAVE TO GO INSIDE TO, TO VERIFY THAT, THAT EVERYONE'S OUT.
UH, IDEALLY THEY'RE JUST MORE SECURE AND TO PREVENT SOMEONE FROM GETTING INSIDE.
SO THERE ARE SOME THINGS THAT COULD MITIGATE SOME OF THE HAZARDS.
UM, IN THE MEANTIME, IF DEMOLITION'S NOT AN OPTION, MOTION OF FRANCIS.
I JUST WANNA BE SURE I'M CLEAR.
WHAT I'M HEARING FROM YOU, YOU'RE IN AGREEMENT THAT THE HOUSE NEEDS TO BE DEMOLISHED? YES.
AND THE, WE WOULD PREFER TO DO IT OURSELVES.
THAT'S THE ROUTE THE FAMILY IS REQUESTING.
MAY I ASK ANOTHER QUESTION? OF COURSE.
UH, COMMISSIONER SEVEN, GO AHEAD.
AND THEN I HAVE, SO YOU SAID THAT THE FAMILY'S IN AGREEMENT TO DEMOLISH THE HOUSE.
SO IS THERE A REASON WHY YOU CAN'T DEMOLISH IT? NOW? WE'RE NOT THE OWNERS.
YOU HAVE TO BE THE OWNER OF THAT PROPERTY.
IS THIS MS. ZIA DOMAN? OH, HI.
WE ARE IN AGREEMENT THAT WE SHOULD DEMOLISH THE HOUSE.
[00:30:01]
HAVE, JUST LIKE MY COUSIN OSCAR STATED OVER THE PHONE, WE HAVE ALSO TALKED WITH THE CITY ABOUT COST.SO WHEN THE CITY DEMOLISHES IT THEMSELVES, THEY ARE THE HIGHER BIDDER.
UM, WE ARE DEALING WITH MULTIPLE FINANCIAL SITUATIONS, SO WE'RE LOOKING FOR THE BEST BID IT, SO WE'RE NEEDING AS MUCH FINANCIAL ASSISTANCE AS POSSIBLE.
UM, LIKE I SAID, OUR, OUR AUNTS OR UNCLES, UH, SOME OF THEM HAVE PASSED AWAY.
UM, SOME OF THEM IN OUR IN ARE IN NURSING HOMES.
UM, SO IF THE CITY CAN HELP US, WE DON'T MIND THEM DEMOLISHING IT, BUT IF THEY CAN GIVE US A REDUCTION IN COST, BE THE LOWEST BID COMP OUT OF THE THREE BIDS THAT WE'VE GOTTEN, THAT WOULD BE GREAT.
WE WILL CONSIDER THAT AS WELL.
WE'RE CONSIDERING, WE ARE CONSIDERING ALL BIDS AS LONG AS IT'S THE LOWEST ONE.
UM, SO COMMISSIONER OLUGO, SO I KNOW THAT WE HAVE THE AUTHORITY TO, UH, WAIVE OR REDUCE THE FEES.
DO WE HAVE ANY CONTROL OVER THE DEMOLISHING COSTS, LIKE THE FINAL DEMOLISHING COSTS? NO.
UM, WE HAVE A CONTRACT WITH BUILDING SERVICES AND THEY HAVE INDEPENDENT CONTRACTORS AND THEY'RE WHO PERFORM OUR LEAD ASBESTOS TESTING.
AND THEN WE HAVE OTHER CONTRACTORS WHO PERFORM THE ACTUAL DEMOLITION.
AND WE DO TAKE THE LOWEST BID OFF OF THOSE CHOICE, UM, CONTRACTORS THAT WE HAVE.
BUT YEAH, YOU CAN'T, UH, IT'S, UH, ONCE THE MONEY, I MEAN, ONCE THE CITY ACTUALLY SPENDS MONEY, IT BECOMES A LIEN.
SO THE ONLY FINANCIAL, UNLESS THERE'S SOME OTHER PROGRAM THAT I'M NOT AWARE OF, THE ONLY FINANCIAL ANGLE WE HAVE TO CONTROL HERE ARE THE FEES THAT WE, UM, GIVE OUT AS PART OF THE, UH, CODE PENALTY ACCRUALS.
AND, AND WE'RE NOT ASKING FOR PENALTY APPROVAL ON THIS.
UM, SO MS. DOMAN AND, UM, FAMILY AND MR. MAHE, SO MY MAIN QUESTION IS IN REGARDS TO THE PROBATE CASE BECAUSE IT SEEMS LIKE YOU DON'T HAVE A TIMEFRAME AT ALL.
UM, AND IT'S BEEN GOING ON FOR TWO YEARS, SO THAT'S A LITTLE BIT, UM, THAT'S LONG CONCERNING THAT IT I GOING ON FOR ANOTHER TWO YEARS.
UM, THREE YEARS, I DON'T THINK, HOPE NOT.
UM, I'M NOT SURE WE CAN RELY ON ANY, UH, OUTCOME FROM THE PROBATE CASE, OR DO YOU HAVE ANY LEVEL OF CERTAINTY? I GUESS THAT'S WHAT I'M ASKING OF THE LENGTH OF TIME OF THE PROBATE, YOU MEAN? SURE.
I I WISH I'VE HAD A TIMEFRAME TO GIVE YOU, BUT I DON'T, I DON'T WANNA LEAN ON THE HOUSE.
WE'VE ALREADY, FINANCIALLY WE PAY THE TAXES AND THEY'RE ACTUALLY TWO HOUSES.
THIS IS A RESPONSIBILITY ON US AND WE ARE WILLING TO DO THE DEMOLITION.
AND WE ARE, WE'RE NEEDING, UH, LIKE WE SAID, WE HAVE A, A LAWYER IN PLACE, BUT, UM, WE JUST NEED OUR LAWYER TO, UH, I DON'T KNOW IF IT'S THE COURTS OR THE LAWYER, BUT WE'RE, WE'RE LOOKING TO GET THE LAWYER TO TRY TO SPEED UP THE PROCESS.
BUT I DON'T KNOW EXACTLY WHAT THE LAWYER, I DON'T KNOW IF YOU GUYS WANNA CONTACT THE LAWYER,
UM, THE REASON I WAS ASKING THAT IS IT HELPS US IF WE HAVE A TIME DEFINITE YES.
THAT WE ARE LOOKING AT AS OPPOSED TO AN INDEFINITE, INDEFINITE OR AN OPEN-ENDED TIMEFRAME.
SO I UNDERSTAND YOUR POSITION, TRUST ME, I KNOW THE CONTRACTORS WOULDN'T TOUCH ANYTHING YOU WANT TO DO UNLESS YOU'RE THE OWNERS.
SO MAYBE, UM, YOU KNOW, I'M NOT GIVING ANY ADVICE HERE, BUT MAYBE YOUR LAWYER COULD GET A COURT TO GIVE YOU AN ORDER THAT CONTRACTORS MIGHT BE HAPPY WITH TO BE ABLE TO DO THE DEMOLITION.
SO I BELIEVE THE OTHER OPTION, OF COURSE, IS IF WE DECIDE TONIGHT THAT THE DEMOLITION GOES FORWARD BY THE, UM, BY THE GOVERNMENT AGENCY DOING IT, UH, THE LIEN STAYS ATTACHED TO THE PROPERTY ITSELF.
SO WHEN YOU DO END UP SELLING IT OR TRANSFERRING IT, THEN THOSE COULD BE ADDRESSED AT THAT POINT AS WELL.
SO MEANING THAT YOU, YOU DON'T HAVE PERSONAL LIABILITY REGARDLESS, BUT I KNOW YOU DON'T WANT ANY, UH, LIEN, BUT IT DOESN'T SEEM LIKE WE HAVE A LOT OF, UM, TIME CONSIDERATION THAT WE CAN GIVE CUZ WE JUST DON'T KNOW.
SO, HAVING SAID THAT, COMMISSIONER
UH, YEAH, I GUESS I, I HAVE A FEW THOUGHTS.
[00:35:01]
FOR THE DISCUSSION PART, THEY'RE LESS, THEY'RE NOT REALLY QUESTIONS FOR THE OWNERS OR FOR THE CITY, BUT, UM, THEY'RE MORE JUST OBSERVATIONS.UH, AND IF ANYONE PRESENT KNOWS MORE ABOUT PROBATE LAW THAN I DO, FEEL FREE TO, TO CORRECT ANY, ANYTHING I, I GET WRONG.
BUT JUST SORT OF MY, MY GENERAL UNDERSTANDING IS THAT IN THAT PERIOD BETWEEN WHEN THE PROBATE IS OPENED AND, AND LIKE THE TESTAMENTARY LETTERS ARE, ARE ISSUED THERE, THERE REALLY CAN BE THIS, THIS SITUATION WHERE THERE JUST ISN'T A SINGLE IDENTIFIABLE PERSON WHO HAS THE LEGAL AUTHORITY TO, TO OPERATE ON THE PROPERTY THIS WAY.
AND SO, YOU KNOW, TO, TO A GREATER EXTENT THAN SOME OF THE SITUATIONS WE FIND BEFORE US, THERE REALLY IS A KIND OF A CATCH 22.
CAUSE WE CAN SORT OF GIVE AN ORDER THAT A THING BE DONE AND THEN THERE'S JUST NO ONE WITH THE AUTHORITY TO, TO BRING THE PROPERTY INTO COMPLIANCE.
AND SO WHEN WE DO IT THAT WAY, I, I THINK IT WOULD BE KIND OF A SHAME IF WE GOT A LESS THAN OPTIMAL BID AND, YOU KNOW, SORT OF PAID MORE TO DO THIS THAN WE HAD TO.
AND THEN STARTED TO, UM, YOU KNOW, COLLECT INTEREST ON WHAT WE SPENT, UH, AND, AND MAKE, YOU KNOW, REDUCE THAT TO A LIEN ON A PROPERTY THAT SOMEONE'S EVENTUALLY GOING TO INHERIT, UH, WHO HAD REALLY HAD NO LEGAL POWER, UH, TO SORT OF BRING THE PROPERTY AND THE COMPLIANCE ON THEIR OWN.
I MEAN, I THINK IT REALLY IS, IT IS KIND OF UNFAIR.
AND SO IT DOES MERIT, UM, WORKING WITH THE PROPERTY, THE OWNER TO THE EXTENT WE'RE ABLE.
UM, I ALSO THINK THAT, YOU KNOW, JUST, JUST CONSIDERING WHAT HAPPENS TO AN ORDER OF OURS THAT IS APPEALED, I KNOW IT'S APPEALED TO DISTRICT COURT AND IN A DISTRICT LIKE OURS THAT ACTUALLY HAS A STATUTORY PROBATE COURT, I THINK THAT COURT WOULD'VE THE POWER TO SWEEP ANY, UH, LITIGATION RELEVANT TO THE PROPERTY, INTO THE PROBATE.
YOU KNOW, IT WOULD BE A MANDATORY TRANSFER BY THE DISTRICT COURT TO THE PROBATE.
SO, SO REALLY, IF, IF, IF WHAT THE OWNER IS SAYING IS TRUE, AND I HAVE NO REASON TO DOUBT IT, I MEAN, I CAN'T LOOK IT UP BECAUSE OUR RULES DON'T ALLOW US TO DO ANY OUTSIDE RESEARCH.
BUT IF WHAT SHE'S SAYING IS TRUE, IT IT, IT'S VERY POSSIBLE THAT THEY COULD JUST, SHE COULD TURN AROUND AND TAKE WHATEVER ORDER WE GAVE TONIGHT AND TAKE IT BACK TO GUY HERMAN OR WHOEVER, YOU KNOW, THE PROBATE COURT AND ASK FOR SOME SORT OF INJUNCTION ON THE, ON THE, ON THE FEE OR THE, OR THE INTEREST OR THE LIEN OR, OR WHAT HAVE YOU.
UM, HAVING SAID THAT, I DON'T SEE ANY GREAT REASON NOT, NOT TO GIVE THE ORDER, BECAUSE I THINK THE CITY'S CONCERN IS WITH THE SAFETY.
UM, AND I THINK THERE ARE, I THINK WE'VE HEARD THAT THERE ARE LIFE SAFETY ISSUES HERE.
SO I, I DON'T KNOW IF THAT HELPS ANYTHING.
THAT'S JUST MORE, LIKE I SAID, THAT'S MORE FOR DISCUSSION.
UM, BUT, UH, THOSE ARE JUST, THOSE ARE JUST MY THOUGHTS.
AND AGAIN, I'LL HEAR FROM, YOU KNOW, THE CITY ATTORNEY OR ANYBODY JUST WANTS TO TELL ME WHAT I'M GETTING WRONG ABOUT HOW PROBATE WORKS, YOU KNOW, THAT'S FINE.
I DON'T CLAIM TO BE AN EXPERT.
YEAH, THAT WAS VERY HELPFUL ACTUALLY.
UM, WE'RE, WE'RE GOING TO PROBABLY HAVE TO CLOSE THE PUBLIC PART OF THE MEETING, BUT GO AHEAD MS. SOLIS.
I UNDERSTAND THERE IS A WAITING LIST TO DO A DEMOLITION.
I'M NOT SURE WHAT THAT TIMEFRAME IS.
AND I'M GONNA FOLLOW WITH MY ATTORNEY BECAUSE I BELIEVE THERE'S A WAY THAT YOU CAN ALSO, WHEN THE COURTS HAVE A TEMPORARY EXECUTOR, AND I'M GOING TO ASK THAT IF I CAN GET A TEMPORARY EXECUTOR, WHICH IS WHAT WE'RE TRYING TO DO, I'M GOING TO GO THAT ROUTE AS WELL.
I THINK THAT'S EXACTLY WHAT COMMISSIONER STILL SAID WAS OKAY.
HINTING AT THAT YOU MIGHT, THIS NIGHT'S DECISION MIGHT ACTUALLY HELP YOU EXPEDITE THINGS IN PROBATE COURT.
COMMISSIONER FRANCIS FIRST AND COMMISSIONER SELIG, MS. MOORE, REMIND US ON THE LEAD TIME, I'M SORRY, REMIND US ABOUT LEAD TIME AGAIN ON DEMOS.
SO WE'RE ACTUALLY SEEING DEMOS PERFORMED QUICKER NOW THAN THE, IT WAS ABOUT THE SIX TO EIGHT MONTH MARK.
FROM WHAT WE USE, WHAT WE WERE EXPERIENCING.
COMMISSIONER SELIG, MR. MOORE, I HAVE ANOTHER QUESTION FOR YOU.
IS THERE ANY WAY IN WHICH WE CAN WAIVE THE INTEREST? UM, THIS AND THIS GO THROUGH THE, AND THEN WHATEVER THE CHARGE IS FOR DEMOLITION AND THEN THEY PAY THAT WHEN THEY INHERIT THE PROPERTY? YEAH.
UM, I, I'LL, I'LL PROBABLY LOOK AT OUR ATTORNEYS, BUT I'M GONNA, I I THINK NO IS THE ANSWER.
I THINK IT WOULD TAKE LIKE COUNSEL ACTION FOR THAT, BUT I'M GONNA DEFER TO LAUREN.
MAYBE YOU KNOW THAT, UM, YEAH.
I DON'T KNOW THAT OFF THE TOP OF MY HEAD, BUT I CAN, I CAN LOOK INTO THAT IF THAT IS AN OPTION THAT YOU CONSIDER.
CAUSE I WOULD GIVE THE FAMILY SOME RELIEF IN TERMS OF ANY KIND OF, UM, UNDUE, UM, FINANCIAL BURDEN.
LET, LET ME LOOK AT THE, THE SOURCE OF THAT INTEREST, IF THAT IS, IF THAT IS COUNSEL ACTION.
UM, WOULD SOMEBODY LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC PART OF THE MEETING SO THAT WE CAN MOVE
[00:40:01]
ON TO VOTING ON THIS OR TABLE IT? ACTUALLY, I MOVE TO CLOSE THE PUBLIC PART OF THE HEARING.UM, IS THERE ANYBODY THAT OBJECTS TO US CLOSING THE PUBLIC PART OF THE HEARING TONIGHT? NOBODY.
UM, PUBLIC PART CLOSE, MEANING THAT THE OWNERS, UM, THANK YOU SO MUCH, UH, FOR TELLING US WHAT'S GOING ON.
AND YOU CAN WAIT AROUND CUZ I THINK WE'LL HAVE A DECISION TONIGHT.
UM, BUT I WOULD LIKE TO COME BACK TO THIS UNTIL COUNSEL HAS MORE INFORMATION FOR US.
SO I'M GOING TO, WE'RE GOING TO TABLE THAT AND COME BACK TO IT.
ANYTHING ELSE? WE NEED A MOTION TO DO THAT.
TO CONTINUE THE CASE, COUNSEL? NO, WE'RE NOT CONTINUING IT.
WE'RE MOVING IT DOWN TO LATER TONIGHT.
HOPE YOU CAN DO THAT THIS EVENING.
THANK YOU SO MUCH MADAM CHAIR.
WOULD YOU LIKE TO CALL, UM, ITEM NUMBER THREE? YES.
WE CAN CALL ITEM NUMBER THREE.
UM, YOU NEED TO MAKE A MOTION, ANNA.
WE TABLE THIS AGENDA ITEM TO LATER LAST CASE OF THE EVENING.
DOES THAT WORK? IS THAT YOU WANT IT TO BE LAST? UM, YOU COULD JUST TABLE THEM UP.
IT DOESN'T HAVE TO BE TO A TIME CERTAIN.
MY MOTION IS TO TABLE THE CASE AND I'LL SECOND THAT MOTION.
WE HAVE A FIRST AND A SECOND AND I'M GONNA GO AROUND.
UM, COMMISSIONER CAMPBELL, IS IT OKAY THAT WE TABLE THIS? YES.
COMMISSIONER FRANCIS? YES, AND I'M FINE WITH THAT.
UM, MS. UM, SOLIS AND MS. DOMAN.
[3. Case Number: CL 2023- 070783 and CL 2012-111738]
ON TO ITEM NUMBER THREE.ITEM NUMBER THREE ON THE AGENDA IS CL 20 23 7 0 7 8 3 AND CL 20 12 1 1 1 7 3 8.
AND AS A RETURNING CASE REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4,003 AVENUE G STAFF EXHIBITS CAN BE FOUND IN THE TEAL BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THIS PROPERTY IS LOCATED IN HYDE PARK, LOCAL HISTORIC DISTRICT, WHICH WILL REQUIRE HISTORIC REVIEW AND POSSIBLE REFERRAL TO THE HISTORIC LANDMARK COMMISSION FOR FORMAL REVIEW.
THIS CASE IS, WAS PREVIOUSLY HEARD AT THE DECEMBER 12TH, 2012 BUILDING AND STANDARDS COMMISSION MEETING.
AN ORDER WAS ISSUED FOR REPAIR WITHIN 30 DAYS OR THEREAFTER IMPOSE A PENALTY OF $10 PER DAY PER VIOLATION TO BEGIN TO ACCRUE ON THE 31ST DAY.
IF REPAIRS WERE NOT COMPLETE, THE VIOLATIONS FROM THAT PARTICULAR ORDER HAVE NOW BEEN CLEARED, BUT NOT AFTER A SIGNIFICANT PENALTY HAS ACCRUED.
NO PERMITS HAVE BEEN OBTAINED AND NO REPAIRS ON THE MORE RECENT VIOLATIONS ARE KNOWN TO BE MADE TO DATE.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY ON THE ORIGINAL ORDER IS $101,070.
DUE TO THE ADDITIONAL VIOLATIONS OF THIS STRUCTURE, IT IS AB BLIGHT TO THE COMMUNITY AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS WHICH REQUIRE REPAIR.
IN YOUR READERS, YOU'LL FIND THE FOLLOWING EXHIBIT THREE, WHICH CONTAINS A COMPLAINT IN CASE HISTORY, COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY NOTICE OF VIOLATION.
NOTICE OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS AND A COPY OF THE EXISTING BSC ORDER, WHICH WAS RECORDED AS T RV 2 0 1 12 2 1 5 5 0 3 AND A PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH 4G.
AND LASTLY, THE CITY'S RECOMMENDED ORDER CODE.
INVESTIGATOR ERICA THOMPSON IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WILL DISCUSS THE VIOLATIONS AS DEPICTED IN THE PHOTOGRAPHS.
INVESTIGATOR THOMPSON, PLEASE BEGIN YOUR TESTIMONY.
AS STATED BY MR. LES, THIS PROPERTY HAS AN EXTENSIVE HISTORY WITH THE CODE DEPARTMENT GOING AS FAR BACK AS 2012.
WITHIN THIS PAST ONE YEAR TIMEFRAME ALONE, NINE CASES AND NUMEROUS COMPLAINTS TO CITY COUNCIL
[00:45:01]
HAVE BEEN CALLED IN FOR UNSANITARY CONDITIONS AND RUNNING AN AUTO REPAIR AND SCRAPPING BUSINESS OUT OF THE HOME.THE UNSANITARY CONDITIONS HAVE BEEN ADDRESSED NUMEROUS TIMES WHEN BROUGHT TO THE ATTENTION OF THE PROPERTY'S REPRESENTATIVE ATTENDANT OF THE PROPERTY KNOWN AS AARON KUKU, BUT EACH TIME FAILING, FALLING BACK INTO NON-COMPLIANCE WITH WOOD, METAL, CARPORTS AND INTERIOR TYPE ITEMS LITTERING THE REAR YARD.
THE AUTO REPAIR BUSINESS HAS NEVER BEEN VALIDATED AS A TENANT DECLARES HE'S WORKING ON VEHICLES OF HIS OWN OR HIS FAMILY AND FRIENDS.
MY CURRENT CASE HAS TO WORK WITHOUT PERMIT VIOLATIONS, ONE UNSANITARY CONDITION VIOLATION AND THE STRUCTURAL VIOLATION OF THE ROOF.
TONIGHT I WILL BE PRESENTING THE VIOLATION OF THE SUBSTANDARD ROOF.
I WILL SPEAK MORE ABOUT THE VIOLATION DURING MY PRESENTATION OF THE PHOTOS DURING THE FOLLOW-UP INSPECTION.
ON APRIL 8TH, 2023, I OBSERVED DAMAGE TO THE ROOF.
THIS DAMAGE IS, IS VISIBLE FROM THE PUBLIC STREET AND THE PUBLIC ALLEY BEHIND THE HOUSE.
I SENT A NOTICE OF VIOLATION AND THE SAME NOTICE WAS POSTED ON THE FRONT DOOR ON APRIL 19TH, 2023.
MANY FOLLOW-UP INSPECTIONS WERE CONDUCTED WITHOUT OBSERVANCE OF THE PROPERTY COMING INTO COMPLIANCE.
DURING A FOLLOW-UP INSPECTION ON JUNE 10TH, 2023, I WROTE TWO ADMINISTRATIVE HEARING CITATIONS FOR THE WORK WITHOUT PERMIT.
THOSE CITATIONS ARE PENDING SCHEDULING OF THE DOCKET.
AFTER POSTING THE CITATIONS, I RETURNED TO MY TRUCK TO GET MY CAMERA.
AND UPON RETURN, MR. KOUK HAD TAKEN THE CITATIONS, UH, OFF THE WOODEN STAKE AND WAS READING THEM.
I EXPLAINED WHAT THE CITATIONS WERE FOR AND WHAT PERMITS WERE REQUIRED.
I THEN ASKED HIM IF HE HAD RECEIVED MY NOTICE OF VIOLATION AND HE SAID YES.
I ASKED HIM IF THE ROOF LEAKS ON THE INTERIOR.
HE STATED ONLY IN A COUPLE OF PLACES, UH, SINCE HE HAS MADE SOME REPAIRS TO IT.
I ASKED IF HE SAW THE RESOURCES ON THE BACK OF THE NOTICE OF VIOLATION AND HE SAID NO.
SO I EXPLAINED THAT THERE ARE SOME RESOURCES ON THE BACK THAT ARE, UH, DIFFERENT AGENCIES WILLING TO HELP, BUT THAT HE WOULD HAVE TO DO THE, UM, LEG WORK AND CONTACT THOSE FOR FURTHER ASSISTANCE.
HE THANKED ME AND STATED THAT HE DIDN'T KNOW THERE WERE PLACES LIKE THAT WILLING TO HELP.
I EXPRESSED HOW IMPORTANT IT WAS TO REACH OUT TO THOSE PLACES SO THAT WE CAN MAKE SURE THE PLACE IS SAFE AND LIVABLE FOR ALL THE RESIDENTS.
I WILL NOW TAKE YOU THROUGH THE PHOTOS AND DESCRIBE THE VIOLATION OF THIS SUBSTANDARD ROOF.
PHOTO FOUR A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY FROM THE PUBLIC RIGHT OF WAY.
NEXT PHOTO FOUR B IS A CLOSE UP PHOTO OF THE ROOF FROM THE FRONT RIGHT OF WAY.
UM, YOU COULD SEE WHERE SOME OF THE SHINGLES HAVE BEEN, UH, REPAIRED, SORT OF A DIFFERENT COLOR.
THERE'S ALSO DIPS AND RIPPLING IN THE ROOF THERE.
NEXT PHOTO, PHOTO FOUR C IS FROM THE BACK ALLEY.
UM, THAT'S THE REAR OF THE HOUSE ON THE RIGHT HAND SIDE OF THAT LARGE TREE IN THE MIDDLE OF THE YARD, YOU CAN SEE THE DIPS, UM, IN THE SHINGLES IN THE ROOF.
NEXT PHOTO, PHOTO FOUR D IS CLOSER UP, SAME ANGLE.
UM, THERE YOU CAN SEE SOME MORE OF THE DAMAGE.
THE RIPPLING AND DIPS IN THE ROOF AND THE BROKEN SHINGLES, UM, INDICATE THAT THERE'S SOME KIND OF STRUCTURAL ISSUE WITH THE DECKING BENEATH THE SHINGLES.
UM, THIS IS, UH, FROM THE SAME VANTAGE POINT FROM THE BACK ALLEY.
UM, YOU CAN SEE THERE TO THE RIGHT OF THE TREE, THE DAMAGED ROOF, UM, AND THE SOFFIT THAT'S MISSING.
NEXT PHOTO, THIS IS CLOSER UP.
YOU CAN SEE DENT AND RIPPLING IN THE ROOF AGAIN INDICATING THAT THERE'S SOMETHING WRONG WITH THE STRUCTURAL COMPONENTS BENEATH THE SHINGLES.
THIS IS FROM THE FRONT, UM, STREET.
THIS IS THE FRONT OF THE HOUSE.
UM, YOU COULD SEE WHERE SOME OF THE SHINGLES ARE DAMAGED AND THEN THE FASCIA, UM, HAS FALLEN AWAY ALSO FROM THE ROOF.
IT'S BEHIND THE GUTTER THERE WHERE THE FASCIA.
THANK YOU FOR ALLOWING ME THIS TIME TONIGHT AND I'LL BE AVAILABLE FOR ANY QUESTIONS.
THANK YOU INVESTIGATOR THOMPSON.
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 AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE LAW AND OTHER RELEVANT DOCUMENTS
[00:50:01]
AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR.STAFF ASKED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING OF FACT THE COMMISSION'S CURRENT BUILDING AND STANDARDS COMMISSION ORDER T R V 2 0 1 2 2 1 5 5 0 3 WAS NOT APPEALED.
AND THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED HAS LAPSED FINDING.
IN FACT, THE COMMISSION ASSESSED A CIVIL PENALTY OF $10 PER DAY PER VIOLATION IN ITS 2012.
PENALTIES HAVE ACCRUED IN THE AMOUNT OF $101,070 TO DATE AS OF THE DATE THE COMMISSION ISSUED THIS ORDER.
THE PROPERTY OWNER HAS NOT PAID THIS CIVIL PENALTY.
STAFF ASKED THE COMMISSION TO REMEDY THE 2012 ORDER AS FOLLOWS, ISSUE A NEW SUPERSEDING ORDER TO THE PRIOR ORDER WHICH WAS ISSUED DECEMBER, 1220.
REDUCE THE CURRENT CIVIL PENALTY AMOUNT ACCRUED IN ITS 2012 ORDER I E $101,070 TO 15% OF THE AMOUNT, TOTAL AMOUNT OWED TO DATE OR $15,160 AND 50 CENTS REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, REQUIRE THE CITED VIOLATIONS, EXCUSE ME, REPAIR THE CITED VIOLATIONS OF THE RESIDENTIAL STRUCTURE.
C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE 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 STAFF'S EXHIBIT THREE AS WELL AS EXHIBITS FOUR A THROUGH FOUR G, THE PHOTOGRAPHS.
AND I BELIEVE WE ALSO HAVE EXHIBITS FROM A NEIGHBOR, IS THAT CORRECT? OKAY.
I'LL GO AHEAD AND ADMIT THOSE EXHIBITS AS WELL.
COMMISSIONERS, YOU CAN FIND THOSE IN THE FOLDER.
I THINK WE HAVE MR. SCHWABE HERE.
THE OWNER OF THIS PROPERTY IS MR. SCHWABE ONLINE OR IN PERSON? YES, MA'AM.
UH, SIR, WOULD YOU COME FORWARD, UM, ARE YOU PLANNING TO SPEAK TONIGHT? YES.
AND WE ALSO HAVE A MR. AARON, IS IT COOK? COOK? I'M SORRY.
YOU ARE FREE TO SPEAK WHATEVER YOU WANNA SAY.
OH, WHAT THAT ROOF IS THE ROOM.
HELLO, MR. SCHWABE, CAN YOU HEAR ME? THE ROOF, THE ROOF HAS BEEN REPAIRED ALREADY.
HOW OLD ARE THOSE PICTURES? OR BUT THE ROOF DOESN'T LOOK LIKE THAT NOW.
THE ROOF DOESN'T LOOK LIKE THAT NOW? NO.
UH, DO YOU HAVE, UH, MR. DANIEL LEACH MAYBE? YES.
WOULD YOU LIKE TO SIT RIGHT THERE TO EXPLAIN? I CAN'T HEAR WHAT'S GOING ON.
YOU HAVE THREE MINUTES I GAVE YOU.
DO YOU HAVE ANYTHING TO ADD TO YOUR TO DID YOU WANNA TELL THE COMMISSION? UM, NO.
I MEAN, WHAT DO YOU WANT US TO KNOW TONIGHT ABOUT THE, THE CONDITION OF THE HOUSE? I CAN'T, I JUST CAN'T.
WHAT WOULD, WHAT DO YOU WANT TO TELL THE COMMISSION ABOUT THE CONDITION OF THE HOUSE? CURRENTLY THE HOUSE IS IN GOOD CONDITION.
THE HOUSE IS IN GOOD TRADITION.
NEXT, THE HOUSE IS IN GOOD TRADITION.
WE PREPARED SOME FACIE BOARDS LAST SUMMER.
THE PICTURES THAT WE LOOKED AT, YOU SAID ARE NOT WHAT IT LOOKS LIKE NOW.
IS THAT RIGHT? YEAH, WE, WE, WE ACTUALLY SUBMITTED NEW PICTURES AS WELL.
I'M THERE, WE EMAILED THEM IN.
[00:55:01]
BY YESTERDAY AND NOON, BUT ME EMAIL.CAN YOU SPEAK INTO YEAH, I EMAILED THE NEW PICTURES TODAY.
IT WASN'T, IT WASN'T YESTERDAY BY A CERTAIN TIME THOUGH.
AND THERE'S, UH, NEW, LIKE SIX PICTURES OF THE ROOF AS IT LOOKS RIGHT NOW, AND THE REPAIRS THAT'S BEEN MADE TO IT.
AND BASICALLY WE'RE JUST REALLY WANTING MORE TIME TO DO WHATEVER THE OTHER TWO PROBLEMS THAT'S WITH THE HOUSE RIGHT NOW, THE ELECTRIC BOX AND THE LEAN TUBES OUT BACK.
WE NEED MORE TIME TO DEAL WITH THAT.
WHAT ABOUT THE ROOF ITSELF? THE ROOF ITSELF IS IN, IT'S IN DECENT CONDITION.
IT WASN'T RE-ROOFED, IT WAS JUST REPAIRED, SO IT OKAY.
AND WHERE DID YOU SEND THOSE PICTURES? I JUST, IT WAS EARLIER TODAY ON THE LAST SECOND OF THE, OF THIS.
SO WERE EMAILED TO YOU AT THE, WHAT IT SAYS ON THE PAPER EMAIL ADDRESS ON THE NOTICE.
WE'LL TRY TO SEE IF WE CAN, THAT SHOULD BE ON THERE.
ANYTHING ELSE THAT THE COMMISSION SHOULD KNOW? I DIDN'T NEED IT.
ANYTHING ELSE THE COMMISSIONER SHOULD KNOW? I DON'T THINK SO.
UH, WE JUST NEED MORE TIME TO REPAIR THE OTHER TWO PROBLEMS THAT WE'RE ADDRESSING TONIGHT AT THIS MEETING.
ABOUT HOW MUCH TIME, UM, LIKE, YOU KNOW, JUST A WEEK OR TWO JUST TO AMEND THE ELECTRICAL BOX ISSUE AND THE, THE LIEN TUBES THAT ARE ADDED ONTO THE GARAGE AND THE BACK.
UM, WE'LL, WE'LL BE CALLING YOU.
ARE YOU THE NEIGHBORS? ARE YOU ONE OF THE NEIGHBORS? UH, NO, I'M A RESIDENT.
ARE YOU HERE TO SPEAK ON BEHALF OF MR. SCHWABE? I WOULD LIKE TO SPEAK
YOU CAN SIT OVER THERE BY THE PODIUM AND THAT WAY WE CAN HEAR YOU.
I JUST WANTED TO, UM, CAN YOU STATE YOUR NAME FOR US? MY NAME'S AURELIA JOHNSON.
AND, UM, I JUST WANTED TO TALK ABOUT, UM, MR. SWALWELL, NORMALLY HE'S, UH, PRETTY, UM, HAPPY AND OUTGOING AND, UM, UH, ALL THE COM ALL THE CODE COMPLIANCE COMPLAINTS THAT WE'VE HAD RECENTLY HAVE, HAVE BEEN BOGGING HIM DOWN TO WHERE HE'S BARELY FUNCTIONING DUE TO STRESS.
AND, UM, ALSO I WANTED TO TALK ABOUT THE, UM, THE 2012, UH, LIEN THAT'S BEING AC UH, THE $10 OCCUR OCCURRED FEE EVERY DAY.
UM, WHAT CHANGED TO MAKE THAT FEE STOP? AND, UM, ALSO IT, I BELIEVE IT STATED THAT THE, UM, THE, UM, THE COMPLAINT HAD BEEN COMPLETED.
SO WHY WAS HE CONTINUED TO BE CHARGED A FEE? ALL RIGHT.
I I CAN ADDRESS THAT IF YOU, YOU DON'T MIND? YES, GO AHEAD.
TO MY KNOWLEDGE, THE, UH, THE 2012 ORDER IS NOW IN COMPLIANCE.
AND WHAT, WHAT CHANGED? THAT'S WHAT I WAS WONDERING WHAT STOPPED IT, BECAUSE IT, I BELIEVE ON THE PAPERWORK IT STATED THAT HE DID COMPLY AT THE TIME.
UM, THE WAY IT STATES THAT IT, HE DID COMPLY.
THE ONLY THING I CAN, THE ONLY THING THAT I CAN TELL YOU IS THAT THE, UM, IT ACCRUED A VERY LARGE PENALTY UNTIL OUR DEPARTMENT DETERMINED THAT IT HAD COME INTO COMPLIANCE.
THAT'S UNTIL I REQUESTED FOR THE, THE, THE LIEN TO BE, UM, WROTE OFF ON, BECAUSE HE, IT DID STATE THAT AT THAT TIME IN 2012 THAT HE DID COMPLETE IT AND THAT Y'ALL CONTINUED TO OCCUR THE FEE UNTIL WE REQUESTED IT TO BE STOPPED, EVEN THOUGH IT WAS ALREADY COMPLETED BY ACTION.
I JUST WANNA MAKE SURE THAT WE'RE NOT TALKING ABOUT TWO DIFFERENT THINGS MM-HMM.
A FEE MIGHT BE SOMETHING THAT THE CITY, UM, AN EXPENSE THAT THE CITY PAID.
LIKE, UM, LIKE IF THEY HAD TO CLEAR THE PROPERTY OR, OR SECURE THE PROPERTY IN SOME WAY.
IT STATED THAT THE, UM, THE FEE WOULD OCCUR UNTIL THE, UM, COMPLAINT WAS COMPLETED OR TAKEN OR THE ISSUE WAS TAKEN CARE OF, AND THE CITY DID STEP IN AND TAKE CARE OF THE ISSUE, WHICH IS WHY HE OCCURRED THE FEE.
BUT AT THAT POINT, THE ISSUE WAS COMPLETE.
SO I DON'T UNDERSTAND WHY THE FEE CONTINUED TO OCCUR.
SO WE WORKED, AND I SAY WE, A LOT OF OUR INSPECTORS WORKED WITH MR. SCHWAB FOR YEARS AND YEARS AND YEARS TRYING TO GET HIM TO REPAIR AND FIX THE OUTSTANDING ISSUES.
AND IT WASN'T DETERMINED TILL LATER WHEN IT HAD ALREADY ACCRUED UP TO A HUNDRED, $1,000 THAT HE FINALLY DID WHAT WE WERE ASKING HIM TO DO.
WELL ON THE LIEN, IT STATES AT THE BOTTOM OF THE VERY LAST SENTENCE THAT HE, THE, THE OWNER DID COMPLY.
[01:00:01]
I WANT, WELL, I BELIEVE IT.I, WHEN I PULLED THE LIENS FROM THE, UM, COUNTY CLERK'S OFFICE, IT STATED AT THE BOTTOM AT THAT TIME THAT HE COMPLETED IT.
DO YOU HAVE THAT? I DON'T HAVE IT WITH ME.
AND YOU KNOW WHAT DATE IT SAID, EXCUSE ME? YOU DON'T KNOW WHAT DATE IT SAID? NO, I DON'T, BUT I DO KNOW THE, THE SAME LIE THAT WE'RE TALKING ABOUT, BECAUSE THAT WAS THE ONE THAT WAS ADDING UP DAILY AND THAT'S THE ONE WE WERE REALLY CONCERNED WITH.
IF THEY WOULD'VE BEEN TIMELY, IT WOULD NOT, NOT HAVE ACCRUED THAT AMOUNT.
AND IT ALSO, IF HE WOULDN'T HAVE COMPLIED ALL THE WAY UP UNTIL THIS TIME, WOULDN'T Y'ALL TOOK FURTHER ACTION TO MAKE, UM, HIM COMPLY OTHER THAN DISCHARGING THE FEES, YOU KNOW, PENALTY FEE.
WE WERE TRYING TO WORK WITH 'EM, RIGHT? MM-HMM.
THAT'S WHEN I CALLED AND REQUESTED HIM TO START CHARGE, STOP CHARGING HIM BECAUSE WE HAD PULLED THE LIENS FROM THE COUNTY CLERK'S OFFICE AND IT HAD STATED THAT HE HAD COMPLETED WHAT NEEDED TO BE DONE.
AND SO I, I SAID, WHY ARE THEY STILL CHARGING YOU? AND SO WE TALKED TO CODE ENFORCEMENT AND THAT'S WHEN THEY SIGNED OFF ON THE LIEN TO STOP IT.
UM, WELL, I GUESS WE, WE DON'T HAVE YOUR DOCUMENTS, UNFORTUNATELY NOT TONIGHT.
UM, BUT WE WILL CONSIDER YOUR WORDS, UM, YOUR TESTIMONY TONIGHT, OF COURSE.
UM, AND THE, YOU KNOW, STAFF'S ALREADY ASKING FOR A REDUCTION ON THOSE, UH, PENALTIES OF CHANGES.
UM, I'M NOT SURE, BUT I, I BELIEVE IT'S, UM, THE OWNER'S DUTY TO INFORM SOMETIMES THAT THEY'VE, THEY ARE IN COMPLIANCE NOW TO FOLLOW UP.
I'M NOT SURE WHAT WAS DONE, UM, OVER THE YEARS, BUT WE'LL TRY TO SEE WHAT CAN HAPPEN TONIGHT.
AND REMEMBER TONIGHT THERE ARE ADDITIONAL VIOLATIONS THAT ARE BEFORE US, CORRECT.
THAT HAVE NOTHING TO DO WITH 2012.
OKAY, WELL THANK YOU FOR THAT.
UM, THAT, UH, I MEAN THE QUESTIONS AND THE INPUT, SO I WILL GO AHEAD AND CALL THE NEIGHBORS FIRST AS WELL, BECAUSE WE HAVE SOME NEIGHBORS HERE THAT ARE INTERESTED IN SPEAKING TO THE COMMISSION.
AND THEN WE'LL, IF WE NEED ANYTHING ELSE, WE'LL COME BACK TO YOU, MS. JOHNSON.
SO I HAVE MS. MCCLELLAND AND, UH, MR. TURNER.
WELL, THANK YOU VERY MUCH FOR BEING HERE.
UM, WE HAVE YOUR EXHIBIT, UM, AS WELL.
SO YOU MAY TELL US WHAT ELSE YOU WOULD LIKE US TO KNOW OR YOU WOULD LIKE US TO CONSIDER TONIGHT.
UH, THANK YOU FOR HAVING US TONIGHT.
UM, I'LL TRY TO MAKE IT BRIEF.
HAS EVERYBODY READ THE EXHIBIT OR DO I NEED TO REFER TO THIS? I ASSUME THIS HAS ALREADY BEEN REVIEWED BY OKAY.
UM, YOU COULD REFER TO IT TO MAKE THE MOST RELEVANT POINTS.
I JUST DON'T WANNA RE REREAD IT IF EVERYBODY HAD ALREADY READ IT.
UM, REAL QUICK, MY NAME IS MILES TURNER.
UM, I WAS, UH, YOU KNOW, BORN AT ST.
DAVID'S HOSPITAL RIGHT DOWN THE ROAD, UH, FROM HYDE PARK AND LIVED IN HYDE PARK MY ENTIRE LIFE.
UM, MOVED TO THE CURRENT ADDRESS NEIGHBORING OF PROPERTY AROUND 2009.
AT THAT TIME, THE HOUSE WAS UNINHABITED DUE TO THE FIRE MANY YEARS PRIOR.
I THINK WE JUST DISCUSSED THAT, UM, HOW THE CITY HAS BEEN WORKING WITH THE HOMEOWNER ON, UH, ADDRESSING THAT FOR ABOUT A DECADE.
UM, AROUND JANUARY OF 2020, VARIOUS UNRELATED RESIDENCE BEGAN TO LIVE IN THE DETACHED GARAGE AND SOMETIME AFTER THAT, UM, AROUND I THINK JUNE OF 2020, THE HOMEOWNER, UH, MOVED BACK IN AS WELL.
UH, DESPITE THAT, THERE WAS NO POWER OR RUNNING WATER TO THE DIRECT DETACHED GARAGE OR THE MAIN HOUSE.
THE PROPERTY IS A CONSTANT FIRE AND SANITATION HAZARD TO THE ENTIRE NEIGHBORHOOD.
UM, GIVEN THE LENGTH OF TIME FROM THE FIRE DAMAGE AND THE COMMENTS FROM THE INSPECTOR EARLIER, THIS IS CLEARLY NOT A PATCH JOB OR A PROJECT OF THE ORDER OF MAGNITUDE THAT THE OWNER HAS BEEN WILLING TO INVEST IN FOR THE LAST 10 TO 12 YEARS.
UM, WE ASK THAT YOU HOLD THIS PROPERTY AND BUILDING TO THE SAME STANDARDS THAT ARE DEFINED FOR A REASON TO KEEP THE PEOPLE LIVING IN AND NEAR THE BUILDING SAFE, AND THAT WE WORK TOGETHER TO MOVE FORWARD TO TAKE CARE OF THIS PROPERTY IN A WAY THAT, UM, IS APPROPRIATE GIVEN ITS HISTORIC STANDING IN THE NEIGHBORHOOD.
DID MS. MCLENNAN, DO YOU WANNA SPEAK AS WELL, OR YOU, YOU'RE JUST HERE TO SUPPORT IT? YES.
UM, I, UM, LIVE AT, UH, 4,001 AVENUE G, SO I'M DIRECTLY A NEIGHBOR.
AND, UM, IT HAS BEEN A REAL TRIAL TO BE NEXT TO
[01:05:01]
THIS PROPERTY FOR THE LAST APPROXIMATELY FOUR YEARS, AS HAS BEEN STATED, THERE WAS A FIRE AND, UM, THE, UH, IT WAS, UM, WE WERE UNDER THE IMPRESSION THAT THE, UM, HOUSE WAS UNINHABITABLE AND IT WAS SLATED FOR DEMOLITION AT ONE TIME.AND THEN APPROXIMATELY THREE, FOUR YEARS AGO, UNRELATED INDIVIDUALS STARTED ESSENTIALLY CAMPING, UH, ON THE PROPERTY.
UH, MY QUESTION IS, DOES IT EVEN HAVE A CERTIFICATE OF OCCUPANCY, BECAUSE IT PROBABLY SHOULDN'T.
UH, UM, THEY ARE CONSTANTLY BUILDING AND TEARING DOWN LEAN TWOS AND SHEDS IN THE BACKYARD WITHOUT, UH, BENEFIT OF PERMIT.
I COULDN'T FIND ANY FROM THE CITY OF AUSTIN.
UH, THEY HAVE A LITERAL, UH, HOARDING JUNKYARD IN THE BACK, AND THIS HAS BEEN A SOURCE OF, UM, A HABITAT FOR RATS, WHICH I KNOW BECAUSE THEY COME ONTO MY PROPERTY.
UM, THIS IS PART OF THE SANITATION ISSUE THAT MILES, UH, TURNER WAS TALKING ABOUT.
UH, FOR A LONG TIME THEY HAD NO PLUMBING, AND SO THEY WERE, UH, DEPOSITING FECAL MATTER INTO THE TRASH CANS.
UM, AND, UH, THE ROOF IS KIND OF ONE OF THE LEAST, UH, ISSUES THAT WE HAVE WITH AS NEIGHBORS WITH THAT PROPERTY.
AND, UM, I HAVE A STRONG OBJECTION TO REDUCING THE AMOUNT OF FINES THAT THEY HAVE ACCRUED BECAUSE THEY WERE WELL AWARE THAT CHARLES WAS WELL AWARE OF THE, UH, PROBLEMS WITH THE PROPERTY.
HE HAS FLAGRANTLY VIOLATED CODE AND, UH, IGNORED CODE ENFORCEMENT.
AND, UM, HE'S NOT ONLY 86,000 PLUS, UH, DOLLARS BEHIND IN PROPERTY TAXES, BUT, UH, IS BEING HELD TO A DIFFERENT STANDARD THAN THE REST OF THE NEIGHBORHOOD WHO END UP HAVING TO GET PERMITS AND, UH, TAKE SANITATION AND OTHER HEALTH, UH, ISSUES SERIOUSLY.
AND I'LL JUST REMIND YOU TO STICK TO THE TOPIC TONIGHT.
UM, YES, BEFORE US, UM, BUT I, I BELIEVE A LOT OF YOUR CONCERNS ARE ALREADY ON TONIGHT.
UM, NOTICE THAT WENT OUT TO THE, TO MR. UH,
UM, JUST A QUESTION FOR THE PROPERTY OWNERS.
UH, YOU MENTIONED THAT YOU HAD THE, UH, REPAIR TIME AND YOU JUST NEEDED THE TIME TO DO THE REPAIRS.
CAN YOU TELL ME A LITTLE BIT MORE ABOUT THE SPECIFIC TIMELINE THAT YOU HAD IN MIND IN ORDER TO, TO, UH, COMPLETE THE REPAIRS TO GET YOURSELVES BACK INTO COMPLIANCE? I DON'T THINK HE CAN HEAR YOU.
I DON'T THINK HE CAN HEAR YOU.
HOW MUCH TIME DO EACH OTHER? I DON'T THINK HE CAN HEAR YOU, BUT, UM, IF ONE OF YOU WANTS TO SPEAK OFF, WE'RE LOOKING AT JUST LIKE, IT, JUST TAKE A COUPLE WEEKS TO GET BACK INTO COMPLIANCE WITH IT, HOWEVER LONG IT TAKES TO GET THE INSPECTIONS DONE AND THESE INSPECTIONS OR THE, THE, THE PERMITS.
BUT IF IT CAN'T BE, IF IT CAN'T, IF THEY CAN'T GIVE US A PERMIT, THEN WE, WE WOULD NEED TO, UM, COMPLETELY GET RID OF THE, THE PROJECT PERIOD AT HAND.
UM, AND, AND THOSE THREE THINGS, IT'S ON THIS AGENDA TONIGHT.
WE JUST NEED TO, WE JUST NEED A COUPLE MORE WEEKS TIME TO GET THAT SQUARED AWAY OR WHATEVER IT TAKES AS FAR AS, UM, PERMITS GO.
YEAH, I MEAN, UH, I, I HAVE A DEGREE IN ELECTRICAL ENGINEERING, AND, UM, I ADDED SOME WIRING TO THE HOUSE.
UM, NOT, YOU KNOW, I, I KNOW IT'S TOTALLY SAFE.
I'M NOT A, I'M NOT AN ELECTRICIAN.
I, I DON'T KNOW THE CODES VERY WELL, BUT, UM, I CAN ATTEST TO THE FACT THAT IT'S NOT, IT'S NOT A FIRE HAZARD IN, IN ANY WAY.
UM, I'M QUITE CONFIDENT AT, UM, MAKING SURE THAT, AND, UH, YOU KNOW, WE, WE JUST NEED TO GET IN INSPECTOR ABOUT AND LOOK AT IT AND MAKE SURE THAT IT'S UP TO CODE, UM, FOR THE BOOKS OR WHATEVER.
UM, I WANTED TO ASK MR. CANDELA, WERE YOU ABLE TO FIND ANY EMAIL FROM TODAY REGARDING THIS CASE FROM THE OWNERS? UH, YES, MA'AM.
WE DID FIND, UM, IT WENT TO A SHARED BOX AND, UM, IT WAS UNFORTUNATELY JUST, UH, TOO LATE FOR US TO, UH, ADD IT TO THE EXHIBITS.
UM, ON THAT EMAIL, ARE YOU ABLE TO TELL US AT ALL IF ANY ISSUE CAN BE TAKEN OFF OF TONIGHT'S LIST OF VIOLATIONS,
[01:10:03]
GIVEN THE AMOUNT OF TIME THAT WE'RE ASKING? UM, I FEEL LIKE, YOU KNOW, WE COULD FOLLOW UP ON THAT IF YOU WERE TO ISSUE AN ORDER TONIGHT.AND, UM, UM, IT, IT, FROM THE PHOTOS, I'LL, I'LL BE ON REPAIRS HAVE BEEN MADE, BUT, UH, AGAIN, THIS IS GONNA, THIS IS GONNA LAND WITH OUR DIVISION AND WE'LL MONITOR IT AND, YOU KNOW, WE CAN GET OUT THERE WITHIN THE NEXT 45 DAYS TO, UH, DOUBLE CHECK TO SEE THAT COMPLIANCE HAS BEEN ACHIEVED.
SO, BECAUSE SOME OF THESE ITEMS ACTUALLY NEED PERMITTING, UM, SO IT, IT REALLY DOESN'T MATTER.
WE HAVE TO MAKE A DECISION TONIGHT REGARDLESS.
SO WE APPRECIATE EVERYBODY'S, UM, TESTIMONY TONIGHT.
IS THERE ANYBODY HERE THAT'S FOR THIS PARTICULAR PROPERTY THAT I HAVEN'T? NOBODY.
COMMISSIONER FRANCIS, GO AHEAD.
I'LL MOVE TO CLOSE THE PUBLIC HEARING.
WE WE'RE GOING TO CLOSE THE PUBLIC PART OF THE HEARING UNLESS WE HAVE AN OBJECTION.
WE DON'T VOTE ON THIS ONE, RIGHT? NO.
YEAH, COMMISSIONER ELLI, GO AHEAD.
IS IT POSSIBLE FOR US TO TIE THE REQUEST OF A REDUCTION TO THE COMPLETION OF THE WORK AND IF THEY DON'T COMPLETE THE WORK AS PROMISED, OR WITH THE ROOF, THEN IT JUST GOES BACK TO A HUNDRED THOUSAND DOLLARS? JUST BASICALLY WHAT I'M TRYING TO SAY IS WE WANT TO INCENTIVIZE THEM TO DO THE WORK, AND IF THEY ARE GONNA FINISH IT AS PROMISED, THEN WE'LL GO AHEAD AND AGREE TO THE REDUCTION.
BUT IF THEY DON'T DO IT WITHIN A CERTAIN NUMBER OF DAYS OR WHATEVER, THEN IT GOES BACK UP TO $101,000.
JUST TO CLARIFY, SO I'M SURE WE'RE TALKING ABOUT THE SAME THING.
I THINK STAFF'S ALREADY FINE WITH A 15% REDUCTION REGARDLESS.
WELL, I, I UNDERSTAND THAT, AND I'M JUST SAYING THAT I WANT TO ADD TO THAT DISCUSSION, EVEN THOUGH THE STAFF HAS AGREED TO THE 15%, THAT WE IMPOSE AN ADDITIONAL REQUIREMENT THAT IF ITS NOT DONE WITHIN A PARTICULAR TIME, THAT'S GONNA SERVE AS A TRIGGER AND THEN IT GOES BACK UP AGAIN.
SO I DON'T KNOW, MR. MOORE, IS THAT POSSIBLE? UM, IN THE, IN THE PAST WE'VE, AND HOPEFULLY IN THE FUTURE ON PENALTY FORGIVENESS CASES, WE HAVE PUT THAT STIPULATION ON THERE IF THEY PAY IT.
RIGHT? LIKE IF, IF YOU, IF WE REDUCE IT TO THIS AMOUNT AND YOU PAY IT WITHIN 30 DAYS, IF YOU DON'T, IT GOES BACK UP TO A CERTAIN AMOUNT.
I THINK DOING WHAT YOU'RE SAYING MIGHT BE A LITTLE, UM, I THINK IT MIGHT PUT US IN A BAD POSITION JUST, JUST BECAUSE, LIKE, LET'S SAY, YOU KNOW, OH, WELL, THE CITY WOULDN'T GIVE US PERMITS, SO WE COULDN'T MEET THAT DEADLINE, OR WE DIDN'T GET THE PERMITS IN TIME AND IT'S ALL THE CITY'S FAULT.
I MEAN, THERE'S JUST SOME, I JUST THINK IT GETS A LITTLE CONVOLUTED THERE.
UH, AND I JUST WOULDN'T GO THAT ROUTE.
UM, COMMISSIONER, COMMISSIONER, DO YOU WANT ME TO ACKNOWLEDGE YOU FIRST? COMMISSIONER, STILL GO AHEAD.
UM, MORE TO COMMISSIONER'S POINT MORE TO COMMISSIONER MARC'S POINT.
I THINK THE WAY WE, WE WOULD'VE TALKED ABOUT DOING THAT IN THE PAST IS DOING IT AFTER THE FACT.
SO WE WOULD SIMPLY NOT LOWER IT IN A HUNDRED TO A HUNDRED K AND JUST SAY IN A FUTURE FORGIVENESS CASE, IN A FUTURE FORGIVENESS CASE, WE HANDLE IT A TIME.
BUT I DON'T KNOW IF THERE'S A REALLY CLEAN WAY OF DOING IT IN THAT SORT OF LIKE, COMBINED WAY.
UM, I'M FINE WITH THE 15% REDUCTION ANYWAYS, BUT YEAH, IF WE HAVE TO DO IT, I THINK THAT'S THE WAY YOU WOULD HAVE TO.
COMMISSIONER FRANCIS, YOU HAD SOMETHING TO ADD.
PLUS IT'S A REMINDER, STU, THE STAFF'S ALSO SAYING THAT IT IS NOT ACHIEVED, THAT THE PENALTY OF TWO 50 PER WEEK, WE'LL THEN START KICK IN.
AND SO THAT WILL RUN THAT INCENTIVE TO, TO BRING THAT TO CLOSURE AS WELL.
THE TWO 50 PER WEEK IS NOTHING COMPARED TO THE HAMMER THAT A HUNDRED THOUSAND DOLLARS IS.
YEAH, IT FEELS A LITTLE MEAN TO KICK SOMEBODY OVER THEIR DOWN.
I BASICALLY WHAT I'M SAYING IS VELVET HAMMERING TOP OF IT.
WE'RE, WE'RE TRYING TO MAKE SURE WE SATISFY COUNCIL'S REQUIREMENTS.
UM, MADAM CHAIR, UH, I, LAUREN COREY, IT'S A CITY ATTORNEY.
SORRY, I HADN'T INTRODUCED MYSELF.
UM, THE FIRST IS THAT I JUST WANNA MAKE SURE THAT EVERYONE UNDERSTANDS THAT IT'S A REDUCTION TO 15%, NOT A 15% REDUCTION, JUST JUST TO MAKE SURE EVERYONE UNDERSTANDS.
AND THEN THE SECOND IS, UM, THAT, AS, AS MADAM CHAIR WAS, WAS JUST SAYING, PLEASE, UM, PLEASE WAIT TO SPEAK, TO BE RECOGNIZED BY THE CHAIR, JUST SO THE RECORD IS CLEAR.
[01:15:12]
ALL RIGHT, THANKS, COUNSEL FOR CLARIFYING THAT.UM, I THINK I READ IT THE WRONG WAY, COMMISSIONER CAMPBELL.
UH, WELL, THAT HAVING BEEN CLARIFIED, I WAS ACTUALLY GOING TO MAKE THE SAME POINT HERE IN A SEC.
BUT, UM, UH, I THINK, YOU KNOW, WITH, WITH THE DISCUSSION ABOUT TYING THE TWO TOGETHER, UH, A PENALTY POTENTIALLY OF $85,000 FOR DOING THIS WORK A BIT LATE SEEMS PERHAPS A BIT EXCESSIVE.
UM, AND GIVEN WHAT THE OWNERS OF THE PROPERTY HAVE SAID, IT SEEMS AS THOUGH THEY FEEL THAT THEY CAN COMPLETE THAT, UH, WORK WITHIN THAT 45 DAY TIME PERIOD, OR SOME OF IT THEY ALREADY HAVE ACCORDING TO THE CLAIMS ABOUT THE ROOF.
SO IT SEEMS AS THOUGH THAT ISSUE ISN'T SO PRESSING FOR THEM THAT, UH, THE CODE VIOLATIONS, THEY SEEM TO BE CONFIDENT THAT THEY CAN GET THAT DONE AND GET THAT INTO COMPLIANCE.
SO I THINK THAT THE BIGGER ISSUE HERE IS WHETHER WE DO FORGIVE THAT, UH, $85,000 OR SO.
YES, THAT'S VERY CONCISELY PUT.
UH, I, I BELIEVE THE TIMEFRAME IS NOT AN ISSUE.
AND MAYBE THE AMOUNT IS THE ISSUE.
UM, I'M AT A LOSS FOR WORDS BECAUSE I THOUGHT IT WAS A 15% REDUCTION AS OPPOSED TO REDUCING THE WHOLE THING DOWN TO 15%, WHICH IS REALLY $15,000, UM, FOR 10 YEARS OF ACCRUED, UM, NONCOMPLIANCE IF, IF, IF, IF YOU WILL.
SO, UM, BASED ON THE NOT MADAM CHAIR YES, GO AHEAD.
I THOUGHT WE, SORRY, I THOUGHT WE LOST COMMISSIONER SOAD AND WE DIDN'T HAVE QUORUM FOR A SECOND, SO I WANNA MAKE SURE WE PAUSED, BUT WE'RE GOOD TO GO.
REMEMBER THE CAMERA SHOULD BE ON.
OKAY, SO, WELL, I GUESS MY CONCERN IS THIS HAS BEEN GOING ON FOR A LONG TIME.
UM, IT SEEMS THAT THERE WILL BE A LITTLE BIT OF COMPLIANCE AND THEN NON-COMPLIANCE AND THEN MORE VIOLATIONS AND THINGS LIKE THAT.
SO, YOU KNOW, I DON'T HAVE ANY PROBLEM MYSELF.
I'LL BE INCLINED TO GO WITH THIS ORDER BECAUSE STAFF HAS ALREADY CALCULATED, YOU KNOW, THE NUMBERS AND MAYBE COME UP WITH A REASON WHY THIS SEEMS FAIR.
UM, I'LL BE INCLINED TO GO WITH IT IF WE HAD A MOTION JUST FOR THAT REASON.
YES, COMMISSIONER, UM, FRANCIS, AND I AGREE, I AGREE WITH THE CHAIRMAN, UH, PERSON, AND THEY MENTIONED THAT THEY WERE PRETTY CLOSE TO FACILITATING SOME OF THOSE REQUIREMENTS.
UH, AND JUST A REMINDER OF THE COMMISSION THAT'S BEEN GOING ON SINCE FOUR OF 23, SO THERE'S BEEN AMPLE TIME TO GET THOSE ITEMS DONE.
AND, AND AS CODE SAID, THIS HAS BEEN GOING ON SINCE 2012.
SO, UH, WITH THAT IN MIND, I MAKE A MOTION WE ADOPT THE STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS AND RECOMMENDED ORDER.
UM, ANY OTHER FURTHER COMMENTS? UM, COMMISSIONER ELLI, GO AHEAD.
WELL, I HATE TO BELABOR THE POINT, BUT I'M GOING TO, SO I JUST FEEL LIKE THEY'VE BEEN PUSHING THIS WITHOUT ANY INCENTIVE TO GET IT DONE, AND WE'RE ALMOST REWARDING THAT BEHAVIOR BY REDUCING IT BY 85%.
AND I'D STILL LIKE TO FIND A WAY FOR US TO INCENTIVIZE THEM TO GET THE WORK DONE.
UM, USING THE FULL A HUNDRED THOUSAND DOLLARS AS A, UM, WHATEVER THAT FULL A HUNDRED THOUSAND DOLLARS IS, IF THEY DON'T DO IT WITHIN THE 45 DAYS.
COMMISSIONER CAMPBELL, SO SOMETHING I'M DEFINITELY CONCERNED ABOUT HERE IS THAT IF WE DO CONTINUE ON WITH THE FULL, UH, A HUNDRED THOUSAND OR SO DOLLAR PENALTY, I MEAN, THAT'S A SIGNIFICANT COST ONTO A PROPERTY OWNER.
UM, I, I I JUST WORRY THAT NOT FORGIVING THIS WOULD POTENTIALLY LEAD TO UNDUE BURDENS THAT MIGHT ACTUALLY CAUSE MORE CODE VIOLATIONS.
IT MIGHT IMPEDE THEIR ABILITY TO FIX NEW CODE VIOLATIONS AS THEY COME UP.
AND I WORRY THAT IT'S ALMOST A BIT PUNITIVE TO CONTINUE WITH THAT, UM, GIVEN THAT THEY HAVE EVENTUALLY WORKED OUT THOSE PARTICULAR CODE VIOLATIONS.
UH, COMMISSIONER, COMMISSIONER FRANCIS, JUST A REMINDER AT THAT TWO 50, THAT'S A THOUSAND A WEEK, A THOUSAND A MONTH, I'M SORRY.
[01:20:01]
THAT WILL START.I WOULD THINK INCENTIVIZE WOULDN'T INCENTIVIZE ME TO GET GOING AT A THOUSAND A WEEK.
THAT CAN EASILY A THOUSAND A MONTH.
THAT NUMBER CAN BECOME PRETTY SIGNIFICANT FAIRLY QUICKLY.
I THINK IF WE WERE TO BELIEVE THE TESTIMONY THAT WE'VE HEARD TONIGHT, UM, PERHAPS THAT'S BEEN SOME CHANGE IN THE WAY THAT THE OWNERS ARE APPROACHING THIS AND WE CAN ONLY HOPE THAT THEY DO MAKE THESE REPAIRS AS THEY'VE TOLD US TONIGHT.
SO, UM, OTHER THAN THAT, I THINK WE'RE GOING TO VOTE AND SEE IF THAT, UH, MOTION CARRIES.
EVERYBODY READY? YES, I'M OKAY.
COMMISSIONER SELIG? NO, COMMISSIONER FRANCIS.
I'M RELUCTANT, BUT I'M IN FAVOR.
I WOULD, I, OKAY, SO I BELIEVE THAT WE DON'T HAVE QUORUM CUZ WAIT, IT DOESN'T PASS.
YEAH, WE, WE HAVE, WE DO HAVE ONLY SIX PEOPLE.
ALL RIGHT, I'LL START THE DISCUSSION AGAIN.
SO MAYBE WE CAN MEET SOMEWHERE IN THE MIDDLE.
IF, IF WE CANNOT DO, UH, IF WE DO SOMETHING CONDITIONAL, I THINK THAT'LL MAKE COMMISSIONER SELLING HAPPY.
SO
SO I HAVE A QUESTION FOR MR. MOORE.
SO CAN WE PUT A CONDITION ON HERE THAT IF WITHIN THE 45 DAYS TO COMPLETE ALL THE WORK, THAT WE GO BACK UP TO A HUNDRED THOUSAND DOLLARS? I, I THINK YOU CAN.
IS IS THE ANSWER? UM, I THINK YOU CAN.
UM, I DON'T, I'VE NEVER SEEN IT DONE BEFORE.
IT'S, UH, IT'S KIND OF UNCHARTED WATER FOR ME, BUT, UM, AGAIN, WE'VE PUT IT ON THE PAYMENT, YOU KNOW, IT'LL GO BACK TO THE FULL IF IT DOESN'T GET PAID WITHIN THE 30 DAYS.
SO I DON'T SEE WHY DOING IT YOUR WAY, WHAT YOU'RE OFF PROPOSING WOULD BE ANY DIFFERENT.
UM, I THINK CREATIVE COMPROMISE MIGHT BE THAT WE TALK MORE ABOUT THE DISCOUNT, LIKE THE ACTUAL AMOUNT AS OPPOSED TO ADDING THAT CONDITION, BUT MEANING THAT, UM, HEAR ME OUT THAT MAYBE IF WE DISCOUNTED IT TONIGHT WITH BY A DIFFERENT PERCENTAGE, MAYBE LIKE 50%, THAT MIGHT WORK AS A COMPROMISE.
AND THEN IF THEY DO COME INTO COMPLIANCE, THEN THEY CAN COME TO GET THE REMAINING DISCOUNTED, UH, PERCENTAGE.
THAT WAY IT IS A CONDITION WITHOUT TOUCHING THE ACTUAL, UH, TOTAL AMOUNT.
COMMISSIONER CAMPBELL? YES, UH, I JUST WANTED TO OFFER A BIT OF AN ALTERNATIVE ARRANGEMENT, UM, SINCE WE SEEM TO BE VERY CONCERNED ABOUT THE INCENTIVES HERE.
UH, I THINK THAT ON A BETTER ARRANGEMENT, GIVEN THE COMPLEXITY THAT WE SEEM TO BE RECOGNIZING ABOUT TYING THE TWO TOGETHER, WE COULD JUST RAISE THE PENALTY IN THIS CASE FOR NON-COMPLIANCE BECAUSE THAT SEEMS LIKE IT WOULD, UH, CONTRIBUTE MORE TO THE INCENTIVE, BUT WITHOUT HAVING TO DO THIS COMPLICATED MECHANISM THAT POTENTIALLY, YOU KNOW, STICKS THEM WITH $85,000 OF FURTHER PENALTIES FOR, YOU KNOW, BEING A WEEK LATE, POTENTIALLY.
COMMISSIONER
I'M ACTUALLY GOING TO HAZARD, UM, MAKING A MOTION IF I CAN BE RECOGNIZED FOR THAT.
IF, IF, UH, CHAIR WOULD PREFER I WAIT BECAUSE THERE'S SOME DISCUSSION PENDING, I WILL, BUT IF I CAN BE RECOGNIZED, I'LL GO AHEAD AND, UH, COMMISSIONER FRANCIS, DID YOU, DO YOU THINK IT'S IMPORTANT TO MAKE A COMMENT BEFORE HE MAKES HIS MOTION? IS THERE A LIMIT ON THAT PEN STRUCTURE? JUST ONE MOMENT.
I SEEM TO RECALL A CONVERSATION SOMEWHERE
[01:25:01]
IN THE PAST THAT THERE WAS SOME PARAMETERS THAT WE NEEDED TO STAY IN.UH, COMMISSIONERS THERE IS A LIMIT.
UM, IT IS A THOUSAND DOLLARS A DAY PER VIOLATION UNLESS THE, UM, THE PROPERTY IS HOMESTEADED.
I DON'T KNOW IF THE PROPER IS, IT'S NOT.
COMMISSIONER IAD, YOU MAY PROCEED WITH YOUR MOTION OR COMMENTS.
ALL RIGHT, THANK YOU, MADAM CHAIR.
THIS IS A BIT OF A GAMBLE, BUT WHAT THE HECK? IT'S, UM, SO AT THIS TIME, I WOULD LIKE TO MOVE THAT, UH, THE COMMISSION, UM, ADOPT STAFF'S RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, WITH THE FOLLOWING EXCEPTION, UH, THAT, UH, IN THE ORDER PORTION, UH, OF THE ORDER THAT WE ADOPT, I WOULD LIKE TO STRIKE, UH, PARAGRAPH TWO.
AND, UH, AT THE PARAGRAPH FOLLOW LINE, PARAGRAPH FOUR, I'D LIKE TO ADD A NEW PARAGRAPH IMMEDIATELY FOLLOWING THE READ THOSE FOLLOWS, UH, IN THE EVENT THAT ON THE 46TH DAY COMPLIANCE HAS BEEN ACHIEVED, REDUCED THE ACCRUED CIVIL PENALTY FROM THE PRIOR REPAIR ORDER ISSUED DECEMBER 12TH, 2012 TO 15% OF THE TOTAL PENALTY AMOUNT, WHICH TOTAL WAS $15,160 AND 50 CENTS.
UH, BY WAY OF EXPLANATION, WHAT I'VE DONE, IN CASE ANYBODY WANTS TO FOLLOW ALONG, IS I'VE, UH, MOVED TO STRIKE THE TEXT OF PARAGRAPH TWO AND THEN TO FORM A NEW PARAGRAPH, I, I GUESS IT WOULD PROBABLY BE NUMBERED FOUR, BUT, UM, UH, AFTER THE EXISTING FOUR, THAT WOULD TAKE THE TEXT OF PARAGRAPH TWO WHEN THEY MAKE IT CONDITIONAL UPON COMPLIANCE HAVING BEEN ACHIEVED BY THE 46TH DAY.
UH, SO THIS WOULD GIVE EFFECT TO WHAT I THINK COMMISSIONER, UH, SIG WAS HOPING.
UM, UH, I'M HAPPY TO REPEAT THE MOTION IF ANYBODY WOULD LIKE, BUT IF NOT, UH, THE SO MOVE.
YOU CAN GO AHEAD AND REPEAT, UM, OR AT LEAST SUMMARIZE IT FIRST AND THEN REPEAT IT.
SO THIS IS BASICALLY MAKING THE REDUCTION OF THE PENALTY CONDITIONAL UPON COMPLIANCE.
AND SO IT WOULD READ AS FOLLOWS AFTER THE FINDINGS OF FACT, THE NEW ORDER WOULD READ AS FOLLOWS.
PARAGRAPH ONE, UH, ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER ISSUED DECEMBER 12TH, 2012.
CURRENT PARAGRAPH THREE WOULD BE THE, THE NEXT PARAGRAPH IT WOULD SAY, REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS, ET CETERA.
UH, PARAGRAPH FOUR WOULD REMAIN UNCHANGED AND A NEW PARAGRAPH IMMEDIATELY FOLLOWING PARAGRAPH FOUR WOULD READ AS FOLLOWS.
ON THE 46TH DAY, IF COMPLIANCE HAS BEEN ACHIEVED, REDUCED THE ACCRUED CIVIL PENALTY FROM THE PRIOR REPAIR ORDER ISSUED DECEMBER 12TH, 2012, 15% OF THE TOTAL PENALTY AMOUNT, WHICH OWES 15,000 HUNDRED $60 50 CENTS.
UM, AND DID EVERYBODY UNDERSTAND THE MOTION MM-HMM.
UM, FOR MY OWN CLARITY, IF THERE IS NO COMPLIANCE, THE PARAGRAPH THAT'S ALREADY IN THERE STAYS THERE.
CORRECT? IF THE PARAGRAPH WOULD NOT, SORRY.
IF NO COMPLIANCE BY THE 46TH DAY, THE CIVIL PENALTY PER WEEK TWO 50 WOULD CONTINUE CORRECT? BY OPERATION OF THE PREVIOUS ORDER? YES.
BY THE SILENCE OF OUR ORDER? YES.
WELL, WE CAN, WE CAN GO FOR IT AND SEE IF SOMEBODY WANTS TO SECOND THAT.
SO I'M, I FEEL POSITIVE ABOUT THIS ROUND.
WE'LL GO AHEAD AND CALL THE VOTE.
OH, COULD I ASK A QUESTION? YES, MS. ALI? YEAH.
I'M NOT CLEAR ON THAT ORDER BECAUSE THE $250 WAS REGARDING THE, THE REPAIRS THAT NEED TO BE MADE AND THE, THE REDUCTION WAS REGARDING THE PRIOR ORDER.
I JUST WANT, ARE PENALTIES GOING BEGIN TO ACCRUE, UM, ON THE PENALTIES THAT HAVE TO BE MADE? I KNOW YOU TALKED ABOUT REMOVING THE, I'M, I'M NOT HEARING, I'M SORRY FOR THE NONCOMPLIANCE ON THE CURRENT, UH, VIOLATIONS.
COUNSEL WANTS TO SAY SOMETHING TO US FIRST.
WE'LL COME BACK TO YOU, MADAM.
SO JUST, JUST TO CLARIFY, UM, THE MOTION, UM, BY COMMISSIONER TOAD WOULD EFFECTIVELY HAVE, UM, IF A CHILD, IF COMPLIANCE IS ACHIEVED, THERE WILL BE NO NEW ACCRUING PENALTIES AND THE PREVIOUSLY
[01:30:01]
ACCRUED PENALTIES FROM THE PREVIOUS ORDER WOULD BE REDUCED TO 15%.IF COMPLIANCE IS NOT ACHIEVED, THE $250 PER WEEK PENALTY WILL START ACCRUING AND THERE WILL BE NO REDUCTION OF THE PREVIOUSLY ACCRUED PENALTIES.
SO, BOTH WHAT HAPPENED, THANK YOU SO MUCH FOR RESTATING THAT FOR US.
WELL, UM, MR. SELIG, DO YOU STILL SECOND THAT MOTION? YES.
I'LL START WITH COMMISSIONER CAMPBELL.
UM, COMMISSIONER CAMPBELL AND THEN COMMISSIONER OGO.
SO I, I, I AM SYMPATHETIC TO, UM, THIS IDEA OF TYING THEM TOGETHER.
I, I, I, I JUST REALLY WORRY THAT IN A SITUATION LIKE THIS, IT SEEMS TO ME, BASED ON HOW THIS IS CURRENTLY BEING WORDED IN THAT MOTION, THAT IF THEY WERE LATE BY EVEN AS MUCH AS A SINGLE DAY, THEN THAT WOULD ACCRUE A PENALTY FOR THEM AND MEANINGFULLY OF, YOU KNOW, THOUSANDS AND THOUSANDS OF DOLLARS THAT FULL 85% AMOUNT.
AND I JUST CONCERN, I, I MEAN, I, NOT NECESSARILY IN THE SENSE THAT WE WOULD BE IMPOSING THAT PENALTY, BUT THAT'S HOW IT WOULD FEEL FOR THEIR POCKETS.
UH, I I'M JUST CONCERNED THAT THAT IS A LOT TO TIE TO, YOU KNOW, POTENTIALLY A VERY SMALL VIOLATION, EVEN IF THEY GOT IT DONE THE, THE NEXT DAY, AND IT WOULD POTENTIALLY LEAD THEM TO COME BACK HERE ANOTHER DAY OR HAVE CODE INSPECTORS COME HERE ANOTHER DAY TO REQUEST THAT SAME KIND OF REDUCTION, UM, WHICH ISN'T SOMETHING THAT'S OUTSIDE OF THE REALM OF POSSIBILITY.
IT'S JUST, IT SEEMS THAT THE PENALTY IS ALREADY GOING TO BE THIS $250 A WEEK PENALTY IS ALREADY GOING TO BE AN INCENTIVE FOR THEM TO COMPLETE THE WORK.
I, I WILL SAY I AGREE, AND SOME OF THE POINTS I AM A LITTLE ON THE FENCE ABOUT BECAUSE, UM, APPARENTLY IT DIDN'T WORK THE LAST TIME.
SO, AND IT ACCRUED A TREMENDOUS AMOUNT OF PENALTIES.
SO WE REALLY HAVE TO KEEP THAT IN MIND SINCE WE HAVE THE WHOLE CASE HISTORY FROM 10 YEARS AGO.
UM, COMMISSIONER LUGO, GO AHEAD.
HAPPY TO, UM, SO IN GENERAL, I TRY TO THINK ABOUT THESE CASES RELATIVE TO WHAT STAFF RECOMMENDS.
AND I GENERALLY, EVEN THOUGH I'M SURE NOT, I'VE NOT ALWAYS DONE THIS, I GENERALLY TRY TO DEFER TO STAFF'S BASELINE.
AND SO WE'RE DEFERRING FROM A BASELINE TO PUNISH THE PROPERTY OWNERS FOR THE TUNE OF $80,000.
I DON'T SEE THE VALUE THAT THAT CREATES IN THIS SCENARIO.
SO FROM A BASELINE PERSPECTIVE, I WOULD JUST ACCEPT STAFF'S OFFER AND CALL IT A DAY, AND WE CAN CONTINUE TO THE NEXT CASE.
NOW, IN THE INTEREST OF COMPROMISE, I AM WILLING TO LOOK AT THE WEEKLY PENALTY BECAUSE TO YOUR POINT, IF, YOU KNOW, UM, YOU KNOW, PENALTIES HAVE BEEN DONE SO IN THE, IN THE PAST, WHY WOULD CHANGING IT TO A HUNDRED K CHANGE ANYTHING? NOW, YOU KNOW, IF MONEY HAS NOT BEEN THE THING THAT'S REALLY BEEN PUSHING THEM BEFORE, WHY WOULD THAT CHANGE NOW? SO THAT'S WHY FOR ME, I'M NOT REALLY INTERESTED IN JUST PUNISHING THEM FOR THE SAKE OF PUNISHMENT.
SO I WOULD BE WILLING TO, AND I CAN PUSH FORWARD A MOTION IF YOU ALLOW ME CHAIR, UM, YOU CAN FINISH YOUR COMMENTS FIRST AND THEN I'LL PUT IT IN A MOTION FINISH COMMENTS.
BUT SURE, I, I'LL BE WILLING, I'LL BE HAPPY TO COMPROMISE AT SOMETHING LIKE, UH, THREE 50, UM, INSTEAD OF THE TWO 50 THAT WE HAVE BASELINE.
BUT FUNDAMENTALLY, I WOULD JUST PREFER TO SET THE BASELINE THAT, UH, GUAVA SEVERAL TIMES REPEATEDLY SAID THAT WE ARE DOING TOO CLEVER BY HALF TRICK TO TRY TO GET SOME STRANGE OUTCOME.
I WOULD JUST RATHER GO WITH STAFF'S BASELINE WITH IF WE WANNA MAKE SOME SMALL EDUCATION HERE AND THERE.
HAPPY TO, BUT OTHERWISE, YEAH.
I'LL COME BACK AROUND TO YOUR MOTION.
I THINK COMMISSIONER SIG MIGHT WANNA WEIGH IN A LITTLE TO GIVE YOU MAYBE MORE INFORMATION BEFORE YOU MAKE THAT MOTION.
I JUST WANTED TO CLARIFY THAT I DON'T SEE THIS AS PUNISHMENT.
I SEE THIS AS INCENTIVIZING THEM, AND THAT'S, SO I WANT TO MAKE THAT PART OF THE RECORD THAT I DON'T VIEW ANY OF THIS AS A PUNISHMENT.
UM, THEY'VE GOT ENOUGH ON THEIR SHOULDERS ALREADY.
I'M JUST TRYING TO INCENTIVIZE THEM.
THEY SET IT THERE, THEY SAID IN THE NEXT TWO WEEKS
[01:35:01]
THEY CAN GET IT ALL DONE.THIS IS 45 DAYS AFTER THE ORDER IS MAILED OUT, WHICH IS ANOTHER 10 DAYS.
SO IT'S CLOSE TO 60 DAYS THAT THEY HAVE, AND THEY SAID THEY COULD DO IT IN TWO WEEKS.
I'LL ALSO REMIND, UM, COMMISSIONERS THAT WE, I, I AM SYMPATHETIC TO THE NEIGHBORS AND, AND EVERYBODY ELSE THAT LIVES AROUND THE PROPERTY AS WELL, BECAUSE WE HAVE SEEN SOME PHOTOGRAPHS.
THERE ARE LOTS OF CONCERNS WITH, UM, MAYBE THE HOMELESS PEOPLE TAKING SHELTER IN THERE AND, AND THINGS.
SO WE HAVE TO KEEP THOSE THINGS IN MIND TOO.
WELL, UM, YES, COMMISSIONER TOAD HAS SOMETHING TO ADD.
YEAH, THANK YOU, MADAME CHAIR.
AS LONG AS WE'RE, UH, DISCUSSING THE FAILED MOTION AND WHAT WE MIGHT DO NEXT, UM, I, I DO WANT TO AT LEAST ECHO SOME OF, UH, COMMISSIONER SELIG'S, UH, SENTIMENTS ON THIS.
UM, AND, AND JUST MAKE IT CLEAR AS POSSIBLE THAT I, I DON'T VIEW THIS AS, AS HAVING THE INTENT, UH, TO, TO, TO PUNISH, UM, YOU KNOW, EVEN IF IT IS NOMINALLY A PENALTY.
I THINK, I THINK THE, UH, IMPORTANCE HERE IS, IS INCENTIVIZING COMPLIANCE.
UM, I THINK THAT, THAT WITH RESPECT TO REPAIR, SUCH AS THE ROOF REPAIR THAT THE OWNERS HAVE REPRESENTED TO US CAN BE, UH, ACCOMPLISHED, HAVE ALREADY BEEN ACCOMPLISHED OR CAN BE ACCOMPLISHED, UH, IN VERY SHORT ORDER, UM, THEN THE RISK, UH, THAT THE SORT OF SPRINGING FINE WILL ENSUE, UH, IS, IS REDUCED.
UM, YOU KNOW, TO THE EXTENT THAT THEY'RE, THEY'RE BEING HONEST WITH US ABOUT HOW QUICKLY THEY CAN, THEY CAN DISPOSE OF THIS.
UM, AND THEN, AND THEN, UH, OF COURSE, THIRDLY, IT'S NOT SO MUCH A SPRINGING FINE.
UM, IT WOULD BE A, A SPRINGING BENEFICENT, UH, FORGIVENESS OF 85% OF AN ACCRUED FINE THAT, UH, YOU KNOW, HAS ALREADY ACCRUED BY OPERATION OF A DECADE OLD ORDER.
YOU KNOW, SO, SO IT, IT'S JUST THAT, THAT FORGIVENESS WOULD BE A CONTINGENT UPON PROMPT COMPLIANCE WITH THIS ORDER.
IT WOULDN'T BE AS THOUGH WE'RE GONNA BE ADDING TO THEIR WOE WITH SOME NEW, UH, FINE ABOVE, ABOVE THE STANDARD ONE.
ONE OF THE THINGS, I'LL JUST CLOSE WITH THIS THOUGHT, AND THEN I WON'T, YOU KNOW, SORT OF HOG THE FLOOR HERE, BUT ONE OF THE THINGS THAT I'VE, IVE DISCOVERED ON MY SERVICE WITH THIS COMMISSION IS THAT BY THE TIME ANYTHING GETS TO US, WHAT WE'RE SEEING IS THE TIP OF AN ICEBERG, UH, THAT, YOU KNOW, A LOT OF TIME AND A LOT OF WORK AND A LOT OF COMMUNICATION GOES IN, UH, WITH STAFF BEFORE IT ENDS UP ON OUR DOCKET.
UM, AND THE OTHER THING I'VE NOTICED IS THAT THIS IS NOT A VERY HEAVY HANDED CITY.
THIS IS NOT, YOU KNOW, LIKE, YOU KNOW, LIVING WITH A BOSSY HOA UH, BOARD THAT'S, UH, YOU KNOW, UH, LEASING EVERY LITTLE DECORATION YOU DECIDE TO USE, YOU KNOW, THE STUFF THAT, THE STUFF THAT WE ENFORCE IN THE CITY LIMITS HERE IS PRETTY, IS PRETTY BASIC AND PRETTY CRITICAL TO, UH, TO QUALITY OF LIFE ISSUES.
AND SO, UM, YOU KNOW, I WOULD JUST SAY I, I THINK THE CITY HAS ALREADY THREADED THE NEEDLE VERY WELL HERE IN TERMS OF OFFERING WHAT I CONSIDER TO BE A SUBSTANTIAL REDUCTION IN THE EXISTING, UH, UH, FEES.
I, I AM ALSO CONCERNED BY, UM, SOME OF THE THINGS I'M HEARING, UH, THAT IT'S JUST, UH, ALMOST A FORMALITY TO GET, UH, AN ELECTRICIAN TO COME AND, AND SIGN OFF AND RETROACTIVELY PERMIT ELECTRICAL WORK THAT WAS DONE ON PERMITTED THAT THAT FRIGHTENS ME.
THAT THAT SOUNDS LIKE A SAFETY ISSUE.
UM, THE COMMENTS OF THE NEIGHBORS, THERE ARE JUST A LOT OF, LOT OF THINGS THAT MAKE ME NOT SEE THIS AS AN IDEAL CANDIDATE FOR, FOR FORGIVENESS OF THE EXISTING FINES.
AND THAT'S WHY I HAVE NO TROUBLE.
UM, YOU KNOW, THE, IF THEY'RE LATE ON THIS, THAT'S, THAT'S GONNA BE THE LAST STRAW, BUT I THINK IT WOULD BE A MISTAKE TO CONCLUDE THAT THAT ONE STRAW, IF IT MAKE GET 47 DAYS BEFORE COMPLIANCE, THAT, THAT WE'RE SOMEHOW CHARGING THEM A HUNDRED GRAND OVER IT.
UM, THEY, THEY INCURRED THAT FINE OVER A DECADE AND, AND WE'RE JUST TRYING TO GIVE THEM AN OPPORTUNITY TO GET OUT OF MOST OF IT.
UM, SO THAT'S ALL I HAVE, AND I'LL, UM, YIELD BACK.
UM, COMMISSIONER CAMPBELL, UH, SO IN REQUEST TO, YOU KNOW, THE QUESTION OF WHETHER IT'S PUNITIVE, I UNDERSTAND THAT IT'S NOT NECESSARILY THAT WE ARE, UH, IN ANY SENSE PUNISHING THEM IN THIS CASE, BUT IT DOES POTENTIALLY INCUR, UH, A MISTAKE COMING OUT OF THAT DEADLINE, POTENTIALLY ACCRUES A TREMENDOUS AMOUNT OF MONEY.
UH, WHAT I WOULD OFFER AS KIND OF A COMPROMISE SOLUTION, AND WOULD BE HAPPY TO MOTION TO THIS EFFECT, WOULD BE TO CONDITION ONLY PART OF THAT REDUCTION ON THE COMPLIANCE WITHIN THAT 45 DAY PERIOD.
SO INSTEAD OF IT POTENTIALLY BEING THE DIFFERENCE BETWEEN $85,000 REDUCTION AND $0 REDUCTION, WE COULD POTENTIALLY HAVE THAT ONLY BE SOMETHING LIKE $10,000.
[01:40:01]
ALL RIGHT.UM, SO JUST TO MAKE SURE I UNDERSTAND YOUR SUGGESTION, MAYBE CHANGE, IT'S, IT'S GOING TO BE BASED ON THE PERCENTAGE OR A FLAT AMOUNT? UH, SO MY RECOMMENDATION WOULD BE THAT WE MAKE, UH, SOMETHING LIKE 75% OF THE REDUCTION RIGHT NOW, AND THEN WE CONDITION THE REMAINING 10% OF THE RECOMMENDED REDUCTION ON COMPLIANCE WITHIN THAT 45 DAY PERIOD.
UH, COMMISSIONERS, ANY, WOULD YOU LIKE TO PUT THAT IN THE FORM OF A MOTION THEN? UH, YES, I DO YOU HAVE THIS DOCUMENT? I HAVE A QUESTION.
OH, COMMISSIONER FRANCIS HAS SOMETHING THAT HE WOULD LIKE TO ADD, MR. MOORE.
SO LET'S JUST SAY THAT THE THRESHOLD PASSES AND THE WORK DOESN'T GET DONE, AND WE'RE JUST INSTITUTING FINES AGAIN, AND THE PROPERTY CONTINUES.
I'M VERY CONCERNED ABOUT WHAT I SEE THERE AND WHAT I'M HEARING THE NEIGHBORS AND, AND, AND SO ON, AND THAT, YOU KNOW, THIS HAS GONE ON FOR SUCH A, I'M SKEPTICAL AT BEST THAT ANYTHING'S GOING TO OCCUR.
SO HOW DOES THAT CULMINATE? I MEAN, AT WHAT POINT IS, AS THE PROPERTY CONTINUES TO DEGRADE AND BECOME UNINHABITABLE, HOW DOES CODE THEN DEAL WITH THAT ISSUE? SO IF WE'VE GOT AN ORDER, RIGHT, WE, WE HAVE A LOT OF THINGS WE CAN DO.
WE CAN GO TO MUNICIPAL COURT, WE CAN GO TO DISTRICT COURT, WE CAN GET THE LAW DEPARTMENT INVOLVED.
UM, WE CAN GO FOR, UH, INJUNCTIONS, WE CAN GO FOR JUDGMENTS, COURT ORDERS, THINGS OF THAT NATURE.
SO WE'D HAVE TO STRATEGIZE WITH OUR LEGAL TEAM AND SEE WHICH ONE WAY WE'D WANT TO GO.
UM, BUT JUST TO GIVE A LITTLE BIT OF CONTEXT, THE REASON WHY WE'RE, UM, PROPOSING THE REDUCTION IN FINES IS, YOU KNOW, I, I THINK THE BEHAVIOR AT THAT PROPERTY AND THE THINGS THAT HAVE GONE ON THERE ARE FAR WORSE THAN THE ACTUAL VIOLATIONS, RIGHT? UM, AND SO, UH, YOU KNOW, AS A CITY, WE'RE RESPONSIBLE FOR MAKING SURE THAT THESE FINES DON'T GET OUTTA HAND.
AND JUST TO GIVE AN EXAMPLE, I MEAN, WE DON'T WANT A BROKEN WINDOW TO COST SOMEONE A HUNDRED THOUSAND DOLLARS.
NOT SAYING THAT THIS WASN'T, I MEAN, THEY HAD MORE VIOLATIONS GOING ON THAN THAT, BUT THAT'S THE WHAT WE'RE TRYING TO STAY WITH, UM, HERE.
SO, UM, BUT I, I REALLY THINK THEY NEED TO STOP BUILDING, YOU KNOW, RANDOM STRUCTURES AND, UH, PUTTING ALL THIS JUNK AND DEBRIS IN THE YARDS.
AND I'M, I'M, I'M TALKING TO THE, THE, THE HABITANTS RIGHT NOW, UM, BECAUSE THAT'S WHAT'S REALLY BOTHERING THE NEIGHBORHOOD AND THE NEIGHBORS, YOU KNOW, I MEAN, WE CAN, YOU CAN FIX THIS ROOF AND THAT'S GREAT, AND WE WANT THAT DONE TOO, BUT REALLY THE BEHAVIOR NEEDS TO STOP.
AND, UM, THAT'S, THAT'S WHERE I THINK MOST OF THE ANTAGONIZING IS GONE ON AND WHY THE NEIGHBORHOOD IS UP IN ARMS. IT'S JUST THE BEHAVIOR THAT'S SURE OCCURRING ON THAT PROPERTY.
BUT YES, TO GET BACK TO THE VIOLATIONS, WE JUST DIDN'T WANT 'EM TO GET TOO OUTTA HAND AND TOO HIGH, UH, BECAUSE THEY WEREN'T NOW THE ONES, NOW I'M, WE'RE REALLY CONCERNED ABOUT THIS, UH, ELECTRICAL, UH, VIOLATION.
SO THAT, THAT ONE'S, YEAH, THIS NEEDS TO GET FIXED.
SO MR. MOORE, BESIDES THE ELECTRICAL AND THE ROOF, WHAT ARE THE OTHER VIOLATIONS THAT NEED TO BE REMEDIED? UH, THE OTHER VIOLATIONS ARE, I JUST WANT, I DON'T RECALL THEM LEAN TWO STRUCTURES THAT THEY'RE CREATING.
UH, WE WROTE IT UP AS GET A PERMIT, BUT I MEAN, THEY PROBABLY WON'T BE ABLE TO GET A PERMIT FOR THOSE.
IT'S JUST THEY COULD, THEY CAN TRY TO DO THAT, BUT REALLY, THEY PROBABLY JUST NEED TO TAKE 'EM DOWN AND ALSO VIOLATION FOR ALL THE DEBRIS AND, YEAH.
I JUST WANT, THERE'S TOO MANY THINGS.
UM, I WANTED TO ALSO ASK COUNSEL, DO YOU HAVE ADDITIONAL INFORMATION FOR US REGARDING THAT NUMBER ITEM NUMBER TWO ON THE AGENDA? THE QUESTION WE HAD? OKAY.
UM, COMMISSIONER CAMPBELL, UH, IN THAT CASE, I MOVE TO ADOPT STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, EXCEPT FOR PARAGRAPH TWO OF THE ORDER, WHICH I WOULD AMEND TO, UH, SAY 25% AND ADD A PARAGRAPH AFTER PARAGRAPH FOUR, UH, DETAILING THAT AN ADDITIONAL 10% WOULD BE REMOVED FOLLOWING THE COMPLIANCE WITH THE PRESENT CODE VIOLATIONS.
I SECONDED, OH, PARAGRAPH TWO.
THAT WAS 75%, RIGHT? UH, A REDUCTION OF 75% TO 25%? YES.
AND WE HAVE A SECOND FROM COMMISSIONER OLUGO.
I'LL GO AROUND AND VOTE AGAIN.
CAN I ASK THE QUESTION BEFORE WE VOTE? OF COURSE.
COMMISSIONER ELLI, I JUST, COMMISSIONER CAMPBELL, I JUST WANNA MAKE SURE I UNDERSTAND.
SO OF THE A HUNDRED THOUSAND DOLLARS, YOU'RE SAYING WE'RE GONNA REDUCE IT TOMORROW,
[01:45:01]
THIS BY VIRTUE OF THIS MOTION TO $25,000? UH, YES.AND THEN CONDITION, AND THEN IF THEY COMPLETE IT, THEN THEY GET ANOTHER $10,000.
AND THAT WAY THERE IS STILL THAT SIGNIFICANT INCENTIVE OF $10,000, BUT THAT WE'RE NOT POTENTIALLY LEAVING THEM WITH THAT FULL PENALTY THAT AS STAFF HAS RECOMMENDED, POTENTIALLY GETS OUT OF HAND.
AND WHY DID YOU COME UP WITH 25 AS OPPOSED TO THE HIGHER NUMBER? I, I, I, I'M REALLY TRYING HERE TO, UM, UH, TAKE INTO CONSIDERATION YOUR CONCERNS ABOUT THIS, AND I'M WILLING TO TALK ABOUT THE NUMBERS, BUT I THINK THAT IN A SITUATION LIKE THIS, THERE'S A VERY, VERY BIG DIFFERENCE BETWEEN, UH, YOU KNOW, POTENTIALLY $85,000 AND ZERO IN REDUCTION.
AND I THINK THAT 10% IS JUST A SMALLER REASONABLE NUMBER THAT'S, YOU KNOW, STILL CONSIDERABLE ENOUGH TO PROVIDE THAT INCENTIVE, BUT NOT SO CONSIDERABLE AS TO BE, UH, SOMEWHAT PUNITIVE.
UM, COMMISSIONER FRANCIS, AND DID THAT LEAVE THE TWO 50 PER WEEK? WAS THAT, UH, YES.
I'M LEAVING THAT PART UNTOUCHED.
SO THERE WOULD STILL BE THAT, UH, ACCRUING PENALTY FOR NON-COMPLIANCE AFTER THE 45TH DAY, BUT WE WOULD SIMPLY MAKE THAT 10% REDUCTION AFTER THE 75% REDUCTION CONDITIONAL ON COMPLIANCE.
I'D LIKE TO OFFER FRIENDLY AMENDMENT TO THAT MOTION THAT WE, IN PARAGRAPH FOUR, THAT WE WOULD CHANGE THAT TWO 50 A WEEK TO 500 PER WEEK, AGAIN, ON A SPUR INCENTIVE TO MOVE THIS ALONG.
UH, AND THE OTHERS DO THAT, BUT THIS JUST PUTS A LITTLE BIT MORE GAS ON IT, IN MY OPINION.
SO IF, IF THE MAKER OF THE MOTION IS RECEPTIVE TO THAT AMENDMENT, I AM RECEPTIVE TO THAT AMENDMENT.
WE HAVE A, SO I JUST WANNA RECAP TO MAKE SURE I UNDERSTAND.
YOU LOOKED AT ME AND I THOUGHT YOU WERE GIVING ME THE FLOOR.
SO WE'RE GONNA GO DOWN TO 25,000, AND IF THEY COMPLETE IT, IT GOES DOWN TO 10 AND THE 500 PER PER WEEK IS NOT GONNA BE ASSESSED, BUT IF THEY DON'T DO IT, IT STAYS AT 25 PLUS THE 2000 A MONTH.
SO WE HAVE A MOTION BY COMMISSIONER CAMPBELL, AND YOU WOULD LIKE TO AMEND YOUR MOTION? UH, YES.
I WOULD LIKE TO AMEND THE MOTION TO AMEND PARAGRAPH THREE TO, UM, SORRY, NO, PARAGRAPH FOUR TO WEED $500 PER WEEK INSTEAD OF $250 PER WEEK.
NO, MADAM CHAIR, IT WAS A, IT WAS A FRIENDLY AMENDMENT THAT WAS ACCEPTED, SO IT DOESN'T NEED TO BE RESTATED, BUT, UM, IF YOU WILL PERMIT, I WILL RESTATE IT JUST SO THAT, UM, THE RECORD IS CLEAR AND THAT WE'RE ALL ON THE SAME PAGE, PLEASE.
SO, UM, UH, NUMBER ONE WILL BE STAYING THE SAME.
UH, NUMBER TWO, REDUCE THE ACCRUED CIVIL PENALTY, UH, FROM THE PRIOR REPAIR ORDER ISSUED DECEMBER 12TH, 2012 TO 25% OF THE TOTAL PENALTY AMOUNT.
UM, AND I DON'T KNOW WHAT THAT TOTAL WOULD BE, BUT IT WOULD GO DOWN TO 25%, 25,160 APPROXIMATELY.
UM, NUMBER THREE WOULD, UH, WOULD STAY THE SAME.
NUMBER FOUR, UM, ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $500 PER WEEK, AND THEN ADDING A NUMBER FIVE, THAT ON THE 46TH DAY IF COMPLIANCE HAS BEEN ACHIEVED, UM, REDUCE THE ACCRUED CIVIL PENALTY FROM THE PRIOR REPAIR ORDER ISSUED DECEMBER 12TH TO 15% AND 25.
WE'LL GO AHEAD AND CALL THE VOTE.
UH, COMMISSIONER STTA, DID YOU HAVE ANYTHING? NOTHING.
COMMISSIONER CAMPBELL, HOW DO YOU VOTE ON THAT MOTION? AYE.
COMMISSIONER SE OH, WELL, IN THE INTEREST OF TIME, AND I DON'T WANT KEEP DRAGGING THIS DOWN, BUT I DO WANT TO, I'LL VOTE YES, BUT I WANTED TO MAKE SURE THAT THERE IS AN ESSENTIAL, SO, ALRIGHT.
I VOTE YES, COMMISSIONER FRANCIS.
I THINK, UH, THAT WAS A GOOD JOB.
[01:50:01]
THE OWNERS, YOU HEARD EVERYTHING TONIGHT AND YOU WILL BE RECEIVING THE ORDER FROM TONIGHT'S MEETING IN THE MAIL, AND THAT GIVES YOU PLENTY OF TIME TO GET THIS ALL DONE.SO HOPEFULLY WE DON'T HAVE TO SEE YOU AGAIN.
UM, I'M SURE YOU DON'T WANNA SEE US AGAIN EITHER.
UM, LET ME CHECK WITH COUNSEL FIRST ON NUMBER TWO.
[2. Case Number: CL 2023-024073 (Part 2 of 2)]
GOING TO GO BACK TO NUMBER TWO, UM, ON THE AGENDA JUST BRIEFLY SO THAT WE CAN, UM, CONSIDER THAT CASE.YES, COUNSEL, MADAM CHAIR TO TAKE A CASE OFF OF THE TABLE.
REQUIRES A MOTION AND A SECOND.
COMMISSIONER FRANCIS KNOWS THIS RULE.
UH, NUMBER TWO I MOTION TO BRING BACK A CASE.
NUMBER TWO, AGENDA ITEM NUMBER NUMBER TWO.
UM, SO COMMISSIONER CAMPBELL, UH, DO WE HAVE TO GO AROUND OR NO? OH, OKAY.
NO OBJECTIONS TO BRING IN THAT CASE.
SO WE WERE STUCK ON THIS ONE BECAUSE THERE'S A PROBATE PENDING, WHICH WE DON'T REALLY KNOW, UM, HOW LONG IT'LL KEEP GOING ON.
AND WE WERE CONCERNED THAT EFFECTIVELY WE DON'T HAVE ANY OWNERS TO GIVE NOTICE TO BECAUSE THE ORIGINAL OWNER IS DECEASED.
SO I THINK THE QUESTION YOU WERE CHECKING FOR US WAS WHETHER WE COULD CHANGE THINGS AS FAR AS THE ACTUAL 10% PENALTY ON THE DEMO, DEMOLITION, UH, FEES.
SO WHAT DID YOU FIND OUT? COUNSEL? UM, MADAM CHAIR, THE, UH, 10% INTEREST, UM, ON ANY, UM, UH, PENALTIES ASSESSED, UM, FOR REIMBURSEMENT FOR A DEMOLITION IS REQUIRED UNDER STATE LAW.
SO WE WOULD NOT BE ABLE TO WAIVE THE INTEREST.
THANK YOU VERY MUCH FOR CLEARING THAT UP.
SO OUR HANDS ARE TIED, UH, AS TO THE PERCENTAGE, WE CAN'T WAIVE IT AND WE CANNOT REDUCE IT.
SO, UM, MY THOUGHTS ARE, YOU KNOW, THE FAMILY IS ON THE SAME PAGE IN TERMS OF WHAT NEEDS TO BE DONE.
AND I BELIEVE THAT SOMETIMES WHEN WE HAVE AN ORDER, UH, SUCH AS WHAT WE ARE GOING TO DO TONIGHT, THAT HELPS MOVE THE COURT CASE ALONG FASTER.
SO IT IS POSSIBLE THAT WE WILL BE DOING NO HARM.
UM, MY OTHER THOUGHT ON THAT IS IF THOSE, UM, FEES WERE TO BE ASSESSED AGAINST THE PROPERTY AND THE PENALTIES WOULD ACCRUE, THE INTEREST WOULD ACCRUE, THEN IT WILL BE AGAINST THE PROPERTY.
AND IF THEY'RE SUPPOSED TO BE A SALE, THAT WOULD BE FACTORED IN INTO THE SALE PRICE.
SO HAVING SAID THAT, I'M, I'M, I'M HAPPY TO ENTERTAIN ANY MOTIONS IF ANYBODY HAS OTHER COMMENTS.
COMMISSIONER FRANCIS, WE HAVE SOMETHING.
MAKE A MOTION TO ADOPT STAFF'S PROPOSED, FIND FINDINGS OF FACT, CONCLUSION AND RECOMMENDED ORDER.
ALL RIGHT, I'M GOING TO GO AHEAD AND VOTE ON THIS ONE CUZ I DON'T THINK THERE'S ANY OTHER DISCUSSION NEEDED.
UM, COMMISSIONER CAMPBELL, HOW DO YOU VOTE ON THAT? AYE.
AND I'M IN FAVOR, COMMISSIONER TOAD.
UM, THAT CONCLUDES THAT CASE OWNERS, THANK YOU FOR SHOWING UP HERE TONIGHT, AND YOU'LL BE GETTING A COPY OF TONIGHT'S ORDER IN THE MAIL.
UM, IT DOES TAKE A FEW DAYS AND, UM, SO YOU DO HAVE A LITTLE BIT OF TIME, BUT YOU MIGHT WANT TO TALK TO YOUR ATTORNEY AHEAD OF TIME TO LET THE ATTORNEY KNOW THAT THEY SENT AN ORDER ON ITS WAY AND MAYBE THAT COULD GET THINGS MOVING FASTER AND MAYBE YOU CAN GET THAT TO THE ATTORNEY ONCE YOU GET IT IN THE MAIL.
[01:55:02]
YES.[4. Case Number: CL 2023-068335]
CANEZ, WE CAN MOVE ON TO NUMBER FOUR ON THE AGENDA, 3 38.AND AS REGARDING THE PROPERTY LOCATED AT 27 14 ADDISON AVENUE, STAFF EXHIBITS CAN BE FOUND IN THE PLUM COLORED BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS CASE WAS OPENED IN DECEMBER OF 2022 AS A RESULT OF A COMPLAINT.
THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE, WHICH IS NOT HOMESTEADED THE PRIMARY STRUCTURE AND UNPERMITTED ACCESSORY ADDITIONS ARE UNINHABITABLE.
THERE IS NO RECORD OF A BUILDING PERMIT APPLICATION IN OUR DATABASE TO DATE FOR REPAIR OR DEMOLITION.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES REPAIR IN PART AND DEMOLITION IN PART IN YOUR READERS AND 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, 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 K.
AND LASTLY, THE CITY'S RECOMMENDED ORDER CODE INSPECTOR HENRY FLORES IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED IN INSPECTOR FLORES.
THIS DEPARTMENT, NORTH DISTRICT, OH, IS IT WITH THE NORTH DISTRICT NEIGHBORHOOD TEAM? I'LL BE, I'LL BE PRESENTING A CASE AT 27 14 ADDISON AVENUE.
THE HOME IS A SINGLE FAMILY HOME WITH SF TWO ZONING.
IT WAS BUILT IN 1952 AND IT'S NOT A HOMESTEAD.
AND THE HOME CURRENTLY SITS VACANT.
THIS CAME, CAME THIS CASE CAME TO ME ON DECEMBER 19TH OF 22.
THIS WAS A WORK WITHOUT PERMIT COMPLAINT.
MY SUPERVISOR HAD MADE CONTACT WITH THE HOMEOWNER OF THE PROPERTY AND WE CONDUCTED A PHYSICAL INSPECTION ON JANUARY 5TH, 2023.
MY FINDINGS WHILE WALKING THE PROPERTY WAS THAT THERE WAS TWO STRUCTURES BUILT AT THE REAR OF THE RESIDENCE ATTACHED TO THE HOUSE WITHOUT A PERMIT.
A METAL ROOF OVER THE BACK PORCH WAS DEEMED UNSAFE BY AUSTIN ENERGY AND THE ELECTRICAL METER WAS PULLED.
THE OWNER, MS. JEAN GRAHAM, HAD APPLIED FOR A TPO PERMIT FOR ELECTRICAL SERVICE TO BUILD A FENCE AND THE PERMIT WAS DENIED BY AUSTIN ENERGY.
AN EMAIL WAS SENT TO MY SUPERVISOR FROM AUSTIN ENERGY STATING THAT THE HOMEOWNER WAS PLANNING ON REMODELING THE HOUSE AND TURNING IT INTO AN ELDERLY CARE FACILITY.
MY SEARCH HAS NOT FOUND, HAS NOT FOUND ANY PERMITS FOR SUCH RENOVATION.
ON JANUARY 6TH, 2023, A VIOLATION NOTICE WAS SENT OUT TO THE PROPERTY OWNER AND POSTED ON SITE FOR THE VIOLATIONS OF OBSERVED.
A REQUEST OR REQUEST IS TO ORDER DEMOLITION OF THE STRUCTURES LOCATED AT THREE OTHER PROPERTY, DEMOLITION OF THE TIN ROOF, CREATING A HAZARD, AND TO CORRECT THE BLIGHT CONDITION FOR THE NEIGHBORHOOD.
I WILL NOW MOVE ON TO MY EXHIBITS.
PHOTO TWO A, A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING HIGH GRASS AND WEEDS, WHICH HAS BEEN A CONSTANT PROBLEM.
THERE'S DEBRIS IN FRONT AND NEAR THE ROADWAY AND DEBRIS UP AGAINST THE HOUSE.
PHOTO TWO B SHOWS A TRENCH THAT WAS DUG FOR A FENCE BUT NEVER FINISHED.
NOW RAINWATER ACCUMULATES AND CAUSES MOSQUITOES TO GROW.
THIS IS A CONTEXTUAL PHOTO OF THE BACK OF THE PROPERTY.
THIS SHOWS THE TWO UNPERMITTED STRUCTURES, ONE BUILT ON THE LEFT AND ONE ON THE RIGHT.
THIS PHOTO SHOWS COVERED AREA IN THE BACK OF THE HOUSE WHERE THE ELECTRICAL LINE ONCE CAME THROUGH.
YOU CAN SEE THE WOOD EDGE IN THE AT THE OPENING IS STARTING TO CRUMBLE AND DETERIORATE.
THIS PHOTO SHOWS AN ELECTRICAL METER MISSING,
[02:00:01]
WHICH WAS PULLED BY AUSTIN ENERGY.THIS PHOTO SHOWS WHAT APPEARS TO BE A DRAIN PIPE COMING OUT OF THE HOUSE, WHICH IS THAT IN THE OPENING AND EXPOSED TO ALL THE ELEMENTS, THE LEFT SIDE SHOWS AN OPENING AT THE BOTTOM OF THE UNPERMITTED STRUCTURE.
THIS ALLOWS UNWANTED CRITTERS AND RODENTS TO NEST INSIDE.
NEXT PHOTO, THE PHOTO SHOWS AN INSTANT HOT WATER HEATER THAT WAS INSTALLED WITHOUT A PERMIT.
THIS PHOTO SHOWS RIGHT BELOW THE WATER HEATER, EXPOSED PIPES THAT ARE OPEN TO THE ELEMENTS AND CAN EASILY CRACK OR BREAK ON A WINTER FREEZE.
THIS PHOTO SHOWS AN UNPERMITTED STRUCTURE ON THE LEFT AND A BEDROOM WINDOW ON THE RIGHT.
IF AN EMERGENCY ARISES AND SOMEONE HAS TO EGRESS FROM THE BEDROOM WINDOW, THEY WOULD EITHER HAVE A HARD TIME OR WOULD NOT BE ABLE TO GET OUT AT ALL.
THIS PHOTO SHOWS THE REAR OF THE HOUSE WITH THE UNPERMITTED STRUCTURE ATTACHED AT THE ROOF LINE, THE PEELING OF PAINT AND THE SOFFIT MISSING TRIM AND VINES GOING ON THE SIDE WALL.
THIS PHOTO SHOWS THE METAL ROOF AND THE OPENING WHERE THE ELECTRICAL LINES ONCE CAME DOWN TO THE ELECTRICAL METER.
THE WOOD RAPTORS SHOW SIGNS OF WATER DAMAGE.
THIS CONCLUDES MY PRESENTATION OF 27 14 ADDISON AVENUE.
I JUST WANT TO CORRECT SOMETHING FOR THE RECORD.
I MIGHT HAVE, UH, MISIDENTIFIED THIS CASE, UM, WHEN I OPENED THE DISCUSSION, BUT FOR THE RECORD, IT IS CL 2 0 2 3 0 6 8 3 3 5.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH DANGEROUS CONDITIONS.
THE 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 K.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING, ONE, ATTAIN AND FINALIZE HONORARY PERMITS.
TWO, REQUIRE ALL SIDED VIOLATIONS TO THE PRIMARY RESIDENTIAL STRUCTURE, REPAIR ALL SIDED VIOLATIONS TO THE PRIMARY RESIDENTIAL STRUCTURE.
THREE, DEMOLISH ALL PORTIONS OF THE UNPERMITTED ACCESSORY STRUCTURE, ADDITIONS, PORCH, ROOF, AND INCOMPLETE FENCE, AND REMOVE HIS DEBRIS WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
FOUR REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ONE, ASSESS THE CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
NUMBER TWO, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE UNPERMITTED ACCESSORY STRUCTURE, ADDITIONS, PORCH, ROOF, AND INCOMPLETE FENCES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND THREE, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE 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 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.
I'LL GO AHEAD AND ADMIT, UM, EXHIBIT ONE AS WELL AS EXHIBIT TWO A THROUGH TWO K, THE PHOTOGRAPHS, UM, I AM NOT SURE IF THE OWNER IS HERE.
UM, DO WE HAVE A MS. GRAHAM ON THE PHONE OR ON THE NO, THEY WEREN'T SIGNED UP TO.
UM, WE DO HAVE SOME DOCUMENTS IN THE FOLDERS FROM THE
[02:05:01]
OWNER.THAT'S FROM MR. RADCLIFFE ACTUALLY.
WE DO HAVE MR. RADCLIFFE HERE.
THANK YOU SO MUCH FOR BEING HERE.
WOULD YOU LIKE TO COME UP TO THE PODIUM AND LET US KNOW, UM, YOUR CONCERNS ABOUT THIS PROPERTY? YOU HAVE THREE MINUTES.
I LIVE AT 27 12 ADDISON NEXT DOOR.
AND PART OF OUR CONCERN IS NOT JUST THAT THIS IS, THIS PLACE HAS BEEN AN EYESORE, BUT IT'S ACTUALLY BEEN A HAZARD.
UM, MS. GRAHAM SHOWED UP IN JULY OF 2020, UH, OR 2021 WITH A, UH, UH, FULL SIZE BACKHOE AND A DRIVER WHOSE, UH, EXPERTISE WAS IN DIGGING, UM, UM, SEPTIC TANKS.
AND THEY PROCEEDED TO USE THE BACKHOE TO RIP UP TREES IN THE FRONT YARD, RIP UP SIDE THE SIDEWALK AND THE DRIVEWAY.
AND SHE HAD A TENANT AT THE TIME, UH, YOUNG MAN WHO NO LONGER HAD ANY WAY TO GET SAFELY ENTERED OUT OF THE HOUSE.
AND HE TOLD ME HE WAS REALLY AFRAID TO WALK ACROSS THE DIRT BECAUSE HE WAS, UH, ALLERGIC, HIGHLY ALLERGIC TO FIRE ANTS.
UH, ALSO IN THE COURSE OF DOING IT, THE BACKHOE, UH, CRACKED THE GAS PIPE.
UM, MS. GRAHAM TOLD ME SHE CALLED, UH, THE GAS COMPANY AND WAITED FOR 'EM, BUT, UH, THEN SHE LEFT WHEN THEY DIDN'T SHOW UP AND A FEW OF US WENT OUT INTO THE STREET AND SMELLED GAS IN THE STREET.
AND THAT'S WHEN I CALLED THE FIRE DEPARTMENT.
AND THE FIRE DEPARTMENT SHOWED UP ABOUT THE SAME TIME THE GAS COMPANY SHOWED UP AND THEY, UH, THEY REPAIRED, SPENT ALL NIGHT REPAIRING THE GAS LINE AND THEN, UH, DISCONNECTED THE GAS LINE FROM THE METER.
UH, LATER WHEN SHE TRIED TO PUT ANOTHER TENANT INTO THE BUILDING, SHE DIDN'T TELL THIS FELLOW THAT THERE WAS NO GAS COMING IN THE HOUSE.
THE TEMPERATURE WAS ABOUT 40 DEGREES AND HE HAD NO WAY TO HEAT THE PLACE.
UM, AND IN THE COURSE OF THE, UH, THE WHOLE DEAL WITH THE BACKHOES, THEY TRIED TO USE THE BACKHOE TO, UH, CUT DOWN A LARGE CRATE MYRTLE TREE THAT WAS BETWEEN OUR HOUSES.
AND IN THE COURSE OF IT, THEY WERE USING THE ARM OF THE BACKHOE TO TRY AND STOP BRANCHES FROM HITTING MY HOUSE.
UH, AND AFTER A COUPLE OF THEM CAME DOWN, HIT THE FENCE, HIT A SMALL BOAT WE HAD ON THE SIDE, UH, THE BACKHOE DRIVER DECIDED WE NEEDED TO STOP.
UH, EVENTUALLY THE, THE TREE DID NEED TO BE CUT DOWN AND EVENTUALLY SHE GOT A TREE SERVICE TO DO IT.
UM, THEN, UH, I GUESS IT WAS LAST YEAR, SHE STARTED ADVERTISING THE HOUSE, UH, FOR RENT ON, UH, CRAIGSLIST FOR I BELIEVE $3,000 A MONTH.
UH, THE HOUSE WAS IN SUCH BAD SHAPE BY THAT POINT.
WE COULD SEE PEOPLE DRIVE BY VERY SLOWLY LOOK AT IT AND DRIVE OWN.
AND IT WAS RIGHT AROUND THAT SAME TIME THAT AUSTIN ENERGY CAME IN AND PULLED THE METER BECAUSE IT WAS UNSAFE.
UH, WHEN I WAS ON MY ROOF CLEANING OUT THE GUTTERS AND THINGS, I COULD ACTUALLY SEE THE ELECTRICAL LINE LAYING ON THAT 10 ROOF BEFORE IT WENT THROUGH THE HOLE THAT MR. FLORES HAS DESCRIBED.
UM, SO I PARTLY, WHAT I'M REALLY HOPING IS THAT YOU WILL DO THIS ENFORCEMENT ACTION, BUT THAT THE CODE DEPARTMENT WILL REQUIRE HER TO HIRE PROFESSIONALS, UH, TO DO THE WORK BECAUSE SHE TENDS TO JUST HIRE WHOEVER SHE CAN GET CHEAPLY, DECLARE HERSELF TO BE THE GENERAL CONTRACTOR AND DO, UH, EXTRAORDINARILY, UH, SUBSTANDARD WORK.
AND I'M A LITTLE AFRAID SHE'LL RIP OUT THE, UH, TWO AUXILIARY STRUCTURES, WHICH I CALL THE TWIN TOWERS.
AND, UM, AND JUST LEAVE THE DEBRIS.
UM, YOU KNOW, BECAUSE SHE HAS A WHOLE BUNCH OF, ON THE FAR SIDE OF THE HOUSE, SHE HAS A WHOLE BUNCH OF SIDINGS STACKED UP FROM WHEN SHE INTENDED TO PUT SIDING ON THESE, UH, AUXILIARY STRUCTURES BACK IN 2019.
AND BEYOND THAT, I'LL TAKE QUESTIONS.
WELL, THANK YOU SO MUCH FOR TAKING THE TIME TO COME TONIGHT AND SUBMITTING THE DOCUMENTS, YOU KNOW, THAT YOU DID IN THE PHOTOS.
UM, I THINK THERE IS SOMETHING WE HAVE TO DO FIRST CUZ WE'RE APPROACHING 9:00 PM UM, SO DO WE HAVE TO EXTEND, I I FEEL LIKE WE DO HAVE TO EXTEND THE MEETING IF, UM, IS IT 10? 10? OKAY, GOOD.
I THOUGHT IT WAS MINE FOR SOME REASON.
OKAY, SO COMMISSIONERS, UM, I, I, I HAVE A QUESTION FOR THE INSPECTOR FIRST AND I'LL COME BACK TO YOU.
SO I SEE THAT YOU RECEIVED EMAILS FROM THE OWNER.
[02:10:01]
THE EMAILS, HAS SHE FOLLOWED UP SINCE THAT TIME WITH YOU? NO, MA'AM.I, I HAVE RECEIVED SEVERAL EMAILS FROM HER.
UH, HER EMAILS TALKED ABOUT HER TRYING TO GET A PERMIT.
UH, HER TRYING TO GET HER METER BACK ONLINE WITH AUSTIN ENERGY AND EVERYTHING WAS, HAS BEEN DENIED AS FAR.
OKAY, COMMISSIONERS QUESTIONS FOR INSPECTOR FLORES OR MR. RADCLIFFE? UM, COMMISSIONER, OFFICER LUGA, GO AHEAD.
UM, THANK YOU FOR YOUR WORK MR. FLORES.
UM, I HAD A, UM, A COUPLE OF QUICK QUESTIONS.
UM, DO YOU KNOW WHY THE PERMIT WAS DENIED? LIKE WHAT DID, WHAT DID THEY APPLY THE PERMIT FOR AND WHY IT WAS DENIED? I'M NOT EXACTLY SURE WHY THE PERMIT WAS DENIED, THAT THAT WOULD PROBABLY BE SOMETHING WITH AUSTIN ENERGY.
UM, MY ASSUMPTION IS THAT THE HOUSE WAS BUILT IN THE 1950S AND THE ELECTRICAL LINE RUNS DIRECTLY TO THE HOUSE.
AND I BELIEVE AUSTIN ENERGY WAS ONE IN A WEATHERHEAD PUT ON, KIND OF TO UPGRADE EVERYTHING, WHICH SHE HASN'T DONE.
AND THEN MY SECOND POINT, I THINK PARTIALLY TO ADDRESS, UM, MR. RADCLIFFE'S CONCERNS.
THE DEMOLITION OF THE ACCESSORY DRAWING STRUCTURES, UM, UH, MR. MOORE, THAT WOULD BE DONE BY, UH, AUSTIN, CITY OF AUSTIN.
UM, CONTRACTED, UH, ENGINEERS, UH, GENERAL CONTRACTORS.
WOULD THAT BE CORRECT? BECAUSE IT SAYS HERE THAT, UH, DEMOLISH THE, THE ORDER IS PARTIALLY TO DEMOLISH THE ACCESSORY STRUCTURES AND PORT ROOF.
SO THAT WOULD BE DONE BY, UH, FOLKS CONTRACTED DIRECTLY BY THE CITY OF BOSTON? CORRECT.
UH, I THINK THOSE ARE THE MAIN QUESTIONS THAT I HAVE.
UM, ANYBODY ELSE? I MEAN, UM, THE WAY THAT I USUALLY LEAN IN THESE TYPES OF SITUATIONS WHEN THE OWNER IS NOT BOTHERED ENOUGH TO SHOW UP TO TALK TO THE COMMISSION, IS TO JUST DEFER TO WHOEVER IS HERE.
AND AT THIS TIME, WE'VE ONLY HEARD FROM MR. RADCLIFFE, WHO TOOK OUT OF HIS DAY TO SHOW UP AND ALSO SEND US SOME DOCUMENTS, AND WE HEARD FROM INSPECTOR FLORES AND STAFF.
SO I'M INCLINED TO JUST, UM, ADOPT THESE, UH, RECOMMENDATIONS.
COMMISSIONER FRANCIS, I MOVE TO CLOSE THE HEARING.
WELL, I'LL, UM, COMMISSIONER SALLY
SO WE CLOSED THE PUBLIC PART OF THE HEARING, AND THEN WE'RE GOING TO MOVE ON NOW TO A MOTION REGARDING THIS CASE.
AND WE HAVE A FIRST AND A SECOND, SO I'M GOING TO GO AHEAD AND CALL THE VOTE UNLESS WE HAVE, OKAY.
AND I'M IN FAVOR, COMMISSIONER TED.
WELL, THAT WAS VERY QUICK, AND WE HOPE THAT THIS ORDER DOES GET HER ATTENTION.
UM, AND TO ADDRESS YOUR CONCERNS, MR. RADCLIFFE, I BELIEVE THAT THERE'LL BE INSPECTIONS DONE WHEN SHE'S PERMITTED.
UH, AND IF SHE'S NOT PERMITTED, YOU KNOW, THAT WILL COME BACK AND HURT HER.
SO I THINK THIS ORDER SHE'S GOING TO GET, AND HOPEFULLY SHE TAKES IT SERIOUS, UH, SERIOUSLY THIS TIME.
[5. Case Number: CL 2023-071137]
TO THE NEXT ITEM ON THE AGENDA, WHICH IS NUMBER FIVE.ITEM NUMBER FIVE IS CASE NUMBER CL 20 23 0 7 1 1 37, WHICH IS REGARDING THE COMMERCIAL BUILDING LOCATED AT 72 21 NORTH LAMAR BOULEVARD.
THE EXHIBITS CAN BE FOUND IN THE INCARNATION BOOKS IN YOUR READERS AND GOOGLE DRIVE.
FOLDER AT ISSUE ARE THE PRIMARY AND ACCESSORY STRUCTURES THAT REQUIRE DEMOLITION.
IN YOUR GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT THAT VERIFY RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, THE PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS, A STRUCTURE MAP OF THE PROPERTY AND AN AERIAL PHOTO.
AND EXHIBITS TWO A THROUGH TWO I, WHICH CONSISTED PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS THE C UH, THE CITY'S RECOMMENDED ORDER CODE INVESTIGATOR ALICIA TOVAR, IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WILL DISCUSS THE VIOLATIONS
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AS THEY ARE DEPICTED.INVESTIGATOR TOVAR, PLEASE BEGIN YOUR TESTIMONY.
MY NAME'S ALICIA TOVAR AND I'M A CITY OF AUSTIN CODE INVESTIGATOR FOR THE CENTRAL NORTH DIVISION.
THE CASE I'M PRESENTING FOR YOU THIS EVENING IS 70 72 21 NORTH NAMAR ON MAY 3RD, 2022.
THE CASE WAS TRANSFERRED TO ME AS I PERFORMED MY INITIAL INSPECTION.
I NOT, EXCUSE ME, I LOCATED TWO VACANT COMMERCIAL STRUCTURES FOR THE CLARIFICATION.
I WILL REFER TO THE MAIN STRUCTURE, WHICH IS THE OFFICE BUILDING AS STRUCTURE NUMBER ONE AND THE DETACHED GARAGE AS STRUCTURE NUMBER TWO, THE ENTIRE PROPERTY AT HIGHWAYS AND TRASH.
I POSTED PLACARD ON THE STRUCTURE, NUMBER ONE, EXCUSE ME, ON MAY 18TH, 2022.
A NOTICE OF VIOLATION WAS SENT TO THE CERTIFIED VIA CERTIFIED MAIL TO THE TCAT AND TRA AND TITLE SEARCH OWNERS, 72 21 NORTH LAMAR, L L C I.
ALSO, I ALSO CONTACTED THE TCAT OWNER, MR. JIMMY NASO AT HIS LAW OFFICE.
HE WAS UNABLE TO ACCEPT MY PHONE CALL.
HOWEVER, I LEFT A MESSAGE WITH GLORIA, HIS AS HIS ASSISTANT, AS WELL AS EXPLAINED THE TRASH, THE, THE VARIOUS VIOLATIONS ON THE PROPERTY, THE VACANT AND OPEN STRUCTURE, AS WELL AS VACANT ACTIVITY AND TRASH AND DEBRIS.
SHE STATED THAT SHE WOULD CONTACT THE PROPERTY MANAGER LATER THAT DAY.
I RECEIVED A PHONE CALL FROM MR. SAM HENDRICK.
MR. HENDRICK STATED THAT HE WAS A POTENTIAL NEW BUYER FOR THE PROPERTY.
HE EXPLAINED TO ME THAT HE WAS CURRENTLY IN THE PROCESS OF PURCHASING THE PROPERTY FROM MR. JIMMY NAAR.
I INFORMED HIM OF THE EX EXISTING STRUCTURAL VIOLATIONS AS WELL AS THE HIGHWAYS, TRASH AND DEBRIS.
HE STATED THAT HE WOULD SEND HIS CREW TO SECURE THE STRUCTURE AND CUT AND CLEAN THE ENTIRE PROPERTY AS SOON AS POSSIBLE.
ON MAY 26TH, 2022, A FOLLOW-UP INSPECTION WAS PERFORMED, EXCUSE ME.
THE STRUCTURE VIOLATIONS AND PROPERTY ABATEMENT VIOLATIONS REMAINED IN VIOLATION AS WELL AS STRUCTURE NUMBER ONE REMAINED UNSECURED.
I CONTACTED THE CITY CONTRACTOR STEAM TEAM TO HAVE THE STRUCTURE SECURED ON MAY 31ST, 2022.
A FOLLOW-UP INSPECTION WAS PERFORMED AND THE FRONT DOOR REMAINED SECURED.
HOWEVER, THE REAR DOOR WAS OPEN ON 6 19 20 22.
SECOND E B S, WHICH IS EMERGENCY WAS IT TO SECURE THE PROPERTY TO SECURE THE REAR DOOR WAS PERFORMED.
SUB SUBSEQUENT INSPECTIONS FROM JUNE THROUGH OCTOBER, 2022 REVEALED THE PROPERTY REMAIN IN VIOLATION ON OCTOBER 11TH, 2022.
I CREATED A CASE FILE FOR B A C CONSIDERATIONS ON OH 4 10 23.
A FOLLOW-UP INSPECTION REVEALED THAT THERE WERE FIVE OPENINGS THROUGHOUT THE STRUCTURE.
NUMBER ONE, BOTH DOORS HAD BEEN KICKED IN AND THE REAR AND LEFT WALLS HAD SEVERAL HOLES ALLOWING UNAUTHORIZED ACCESS INTO THE STRUCTURE.
TONIGHT, I, UH, TONIGHT I WILL BE PRESENTING PHOTOGRAPHS EXHIBIT TWO A THROUGH TWO A, TWO A THROUGH TWO I.
THESE PHOTOGRAPHS ARE TRUE AND ACCURATE.
DEPICTION OF THE VIOLATIONS CONDITION AT THE TIME AND DATES.
THE PHOTOS WERE TAKEN, EXCUSE ME, TWO A, A CONTEXTUAL PHOTOGRAPH OF THE FRONTAGE OF THE STRUCTURE AND THE PROPERTY STRUCTURE.
NUMBER ONE IS A SINGLE STORY WOOD FRAME COMMERCIAL STRUCTURE WITH WOOD SIDING ON GRADE AT THE TIME IN, AT THE TIME, THE STRUCTURE WAS SECURED FROM AN AUTHORIZED ENTRY AS WELL AS A YELLOW PLACARD WAS PLACED.
ON THE FRONT OF THE FRONT DOOR, YOU CAN SEE THE HIGH WEEDS AND GRASS ON THE LEFT SIDE OF THE STRUCTURE OF THE PROPERTY.
PHOTOGRAPH TWO B TWO IS A CLOSEUP SHOT OF THE RIGHT SIDE LOWER WALL.
YOU CAN SEE THE BOTTOM PORTION OF THE WOOD EXTERIOR SIDING HAS DETERIORATED.
THE ENTIRE WALL IS NOT PROPERLY ATTACHED TO THE WOOD FRAME AND HAS MOVEMENT.
YOU CAN ACTUALLY MOVE THE WALL AWAY IN THAT GAIN AXIS INTO THE STRUCTURE.
YOU CAN ALSO SEE THAT PVC PIPES, WATER, PVC PIPES HAVE BEEN DISCARDED.
PHOTOGRAPHS TWO C PHOTOGRAPH TWO C, EXCUSE ME, IS ALONG THE UPPER RIGHT SIDE, INCLUDING THE ROOF.
YOU CAN SEE THAT THE SHEET METAL ROOF IS WAVERING AND NOT PROPERLY ATTACHED TO THE WOOD FRAME PHOTOGRAPH 2D.
2D IS A PHOTOGRAPH FROM THE REAR OF THE STRUCTURE.
YOU CAN SEE THE REAR WOODEN WALLS HAVE DETERIORATED AND LOST INTEGRITY.
THERE IS SIGNIFICANT DAMAGE ALONG THE BOTTOM BASELINE TO GAIN UNAUTHORIZED ACCESS INTO THE STRUCTURE.
SOMEONE HAS REMOVED SEVERAL SECTIONS OF THE EXTERIOR WOOD, WOODEN WALL, LEAVING THE WALLS UNSOUND.
THESE ACTIONS RESULT IN A THIRD E BS TO SECURE THE STRUCTURE.
AND PHOTO NUMBER TWO, PHOTO NUMBER AND THIS PHOTO.
YOU CAN ALSO SEE LARGE AMOUNT OF TRASH AND DEBRIS AT THE REAR OF THE PROPERTY.
PHOTOGRAPH TWO E TWO E IS A CLOSEUP PHOTOGRAPH OF THE ROOFING SYSTEM.
YOU CAN SEE THE TOP PLATE ALONG THE ONE SIDE OF THE STRUCTURE IS BUCKLING, AS
[02:20:01]
WELL AS THE LATTER HALF HAS NO TOP PLATE AT ALL.THE ROOF DID NOT HAVE A TOP PLATE TO SECURE THE RAFTER NOR THE SHEET METAL ROOF.
PHOTOGRAPH TWO F THE PHOTOGRAPH, EXCUSE ME, OF THE LEFT SIDE STRUCTURE.
NUMBER ONE, YOU CAN SEE THAT THE WOOD SIDING HAS BEEN REMOVED ALONG THE REAR HALF OF THE WALL, EXPOSING THE INTERIOR WOOD, WOODEN WALLS TO THE ELEMENTS OF NATURE.
THE REAR ROOF COVERING IS MISSING, CAUSING FURTHER DETERIORATION TO THE WOOD COMPONENTS.
PHOTOGRAPH TWO G IS CONTEXTUAL PHOTOGRAPHS OF STRUCTURE NUMBER TWO, IT'S A SINGLE STORY WOOD FRAME DETACHED GARAGE ON GRADE WITH, WITH METAL SIDING.
TWO H TWO H IS THE PHOTOGRAPH OF THE FRONT SIDE.
THE STRUCTURE HAS BEEN SECURED BY WOODEN WALL PREVIOUSLY PLACED OVER THE POINT OF ENTRY.
THE ENTIRE SHEET METAL IS WOR WOR THE ENTIRE SHEET METAL ROOF IS WAVERING AND NOT PROPERLY ATTACHED TO THE TOP PLATES.
PHOTOGRAPH TWO I PLEASE PHOTOGRAPH TWO YOUR EYES, A PHOTOGRAPH OF THE RIGHT SIDE OF THE STRUCTURE.
NUMBER TWO, YOU CAN SEE THE TREE HAS ACTUALLY FALLEN ONTO THE ROOF AND GRASS AND VEGETATION HAS, I'VE COVERED THE ENTIRE LEFT SIDE.
THIS CONCLUDES MY PRESENTATION.
THANK YOU, THANK YOU INVESTIGATOR TOVAR.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH UNSAFE AND DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT THE 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.
I STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
UH, THAT SHOULD BE 90 DAYS REQUIRE THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAINED, AND FINALIZE ALL NECESSARY PERFORMANCE, DEMOLISH ALL PORTIONS OF THE COMMERCIAL, PRIMARY AND ACCESSORY STRUCTURES, AND REMOVE THIS DEBRIS, LEAVING THE LOT CLEANED AND RAPED, AND SEE REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
AUTHORIZED THE CODE OFFICIAL TO PRO TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL, PRIMARY AND ACCESSORY STRUCTURES AS A DEBRIS AND DISPOSED OF AS SUCH, UH, EXCUSE ME, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AND DISPOSED OF AS DEBRIS AND DISPOSED OF AS SUCH, 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 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 WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO I, THE PHOTOGRAPHS.
UM, I ALSO HAVE SOME DOCUMENTS FROM THE EE OF THE PROPERTY.
I THINK IT'S MR. HENDRICK OR MR. FENWICK.
IS IT HENDRICK OR FEN? FENWICK.
AND I BELIEVE HE IS ON THE LINE.
WELL GO AHEAD AND ADMIT HIS EXHIBITS, BUT I DON'T THINK WE CAN REALLY DO MUCH WITH IT IF HE'S NOT HERE TO GIVE US MORE INFORMATION.
UH, SO, UM, I GUESS A QUICK QUESTION FOR INSPECTOR TOVAR.
OKAY, WELL JUST A QUICK QUESTION REGARDING MAYBE WHO MADE CONTACT OR WHO DIDN'T, BECAUSE WE DO HAVE DOCUMENTS FROM MR. SAM FENWICK WHO SAID THAT HE'S NOT THE OWNER ACCORDING TO YOUR NOTES, BUT HE MIGHT BE BUYING THE PROPERTY.
[02:25:01]
CORRECT.HE TOLD ME THAT HE WAS IN THE PROCESS OF PURCHASING THE PROPERTY FROM MR. UH, JIMMY NOMORE NOOR.
AND HE DIDN'T, HE DIDN'T REALLY WANT TO GO AND CONTINUE LIKE, CUTTING THE PROPERTY OR MAINTAINING THE PROPERTY CUZ HE WASN'T SURE IF HE WAS GONNA BUY IT COMPLETELY.
HE HADN'T SIGNED THE PAPERWORK, BUT HE SAID HE'D GO AHEAD AND SEND SOMEONE OUT THERE TO CUT AND CLEAN IT.
AND AS FAR AS MR. NASO IS, HE HASN'T CONTACTED YOU RECENTLY? NO.
UM, COMMISSIONERS, IF YOU, UH, YES, MR. CANDELA, UM, I CAN GIVE YOU A LITTLE MORE BACKGROUND ON, ON THIS PARTICULAR MATTER.
THE, UM, THE PROPERTY HAS A, UH, 99 YEAR LEASE, WHICH, UM, MR. FENWICK IS A REPRESENTATIVE OF THE LLC WHO ENTERED INTO THAT, UH, LEASE AGREEMENT.
UM, THEY HAVE PLANS TO DEVELOP, I BELIEVE, THE THREE OR FOUR TRACKS THAT ARE ALL KIND OF PART OF THE SAME CITY BLOCK.
AND, UM, THEY'RE IN THE PROCESS OF, UM, GETTING THEIR SITE PLAN, UH, TOGETHER AND GETTING, YOU KNOW, ALL OF THEIR PERMITS LINED UP.
AND, UM, YOU KNOW, WE'RE HOPING THAT THEY, UM, MOVE THEIR PROJECT FORWARD.
UM, AS FAR AS, UH, WE WERE, WE WERE VERY NEAR ENTERING INTO AN AGREED ORDER BECAUSE WE, UM, I BELIEVE WE RECOGNIZED THAT, UM, THEY WANT TO PERFORM THE DEMOLITION AND WE WANT IT DEMOLISHED AS WELL, THE CITY DOES.
SO, UH, THIS WAS, UM, WE HAD A, AN AGREEMENT IN PRINCIPLE, AND THIS IS WHY WE KIND OF BACKED IT DOWN TO, UH, 90 DAYS.
UM, AGAIN, THE OWNERS AREN'T HERE TO REPRESENT THEIR OWN INTERESTS, AND I DON'T THINK WE CAN BE MORE CONCERNED THAN, THAN THEY ARE ABOUT THOSE INTERESTS.
BUT, UM, COMMISSIONER FRANCIS, GO AHEAD.
COMMISSIONER LUGO, I MOVE TO ADOPT, UH, ESTABLISH, UH, RECOMMENDED ORDER.
WE NEED A SECOND ON, OH, SECOND.
THIS MOTION FIRST, IF YOU DON'T MIND A SECOND.
SO EVERYBODY'S FINE WITH CLOSING THE PUBLIC PART OF THE HEARING? YES.
UH, I, I MOVE TO, UM, ADOPT, UH, STAFF'S RECOMMENDED ORDER.
UH, NOTHING ELSE, SO I'LL ENTERTAIN A SECOND.
UM, I DON'T THINK THERE'S ANYTHING ELSE TO COMMENT ON.
I LOVE THE PLANS, BUT NOBODY'S HERE TO TELL US MORE ABOUT TIMEFRAMES, ANYTHING.
BEAUTIFUL PLANS, BUT IF THEY DON'T EVEN OWN THE PROPERTY, I DON'T KNOW.
AND THE PERMITS, IT LOOKS LIKE A LOT OF PROBLEMS WITH THE PERMITS THEMSELVES, UH, TRYING TO GET THAT DONE.
SO I'LL BE COMFORTABLE CALLING THE VOTE NOW.
COMMISSIONER LUGO, I IN FAVOR.
AND I'M IN FAVOR, COMMISSIONER, STILL STAND.
THEY'LL GET IT IN THE MAIL AND, UH, THANK YOU INSPECTOR TOVAR.
[6. Case Number: CL 2023-057167]
ON TO ITEM NUMBER SIX.ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 20 23 5 7 1 67, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 11 507 FENCE POST TRAIL.
THE EXHIBITS CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS UNOCCUPIED.
THE CASE WAS OPENED IN, UH, APRIL OF 2021 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY.
HOWEVER, DEVELOPMENT SERVICES DEPARTMENT HAS MADE CONTACT WITH THE OWNER.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINTANT CASE HISTORY, COPIES OF THE WILLIAMSON AND TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFY OWNERSHIP, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, AND PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.
AND, UH, EXHIBIT TWO, WHICH CONSISTED PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H, AND THE RECOMMENDED ORDER CODE INVESTIGATOR RICHARD LAMAN CUSA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS
[02:30:01]
AS DEPICTED.INVESTIGATOR LAMAN CUSA, PLEASE BEGIN YOUR TESTIMONY.
THANK YOU COMMISSIONERS FOR HEARING THIS CASE.
I AM CODE ENFORCEMENT INSPECTOR RICHARD LAMAN, CUSA INVESTIGATOR FOR THE DEVELOPMENTAL SERVICES CODE TEAM NORTH.
THE CASE AT 1 15 0 7 FENCE POST BEGAN AS A COMPLAINT VIA THE AUSTIN THREE 11 SERVICE REQUEST SYSTEM.
THE REPORTER DESCRIBED A VACANT HOME IN TOTAL DISREPAIR AT 1 11 5 0 7 FENCE POST TRAIL, THE RESIDENCE AT THE SINGLE FAMILY HOME, AND IS IN A NEIGHBORHOOD OF OTHER SINGLE FAMILY HOMES.
THE HOME IS JUST NORTH OF ANDERSON MILL LANE AND IS A HALF MILE SOUTH OF ROUND ROCK ISDS.
PURPLE SAGE ELEMENTARY SCHOOL.
INITIAL INSPECTION VERIFIED THAT THE HOME IS VACANT AND THERE ARE DEFICIENCIES AT THIS ADDRESS.
A NOTICE OF VIOLATION WAS SENT TO THE OWNER VIA CERTIFIED MAIL IN JUNE OF 2022.
THE N O V WAS UPDATED AND POSTED AT THE PROPERTY MAY 20, MAY 19TH OF THIS YEAR.
THE N O V INCLUDES THE STRUCTURE OF MAINTENANCE VIOLATIONS DESCRIBED IN TODAY'S CASE.
WE RECEIVED NO RESPONSE FROM THE OWNER ABOUT THIS VACANT PROPERTY INSTRUCTOR.
THIS PROPERTY HAS, THIS PROPERTY HAS BEEN A BLIGHT AND HAS BEEN A MAJOR CONCERN FOR THE NEIGHBORHOOD FOR SEVERAL YEARS.
THE LACK OF MAINTENANCE AND COMPLIANCE UP TO THIS DATE HAS AFFECTED EVERYTHING FROM THE QUALITY OF LIFE.
NUMEROUS HEALTH AND SAFETY CONCERNS, BOTH AT THE PROPERTY AND THE NEIGHBORING ONE, DUE TO BOTH THE LACK OF STRUCTURE AND DISREGARD TO EXTERIOR PROPERTY UPKEEP CASE DOCUMENTATION INCLUDES THE NOTICE OF VIOLATION IN THE HEARING PACKET AND THESE PHOTOS OF THE PROPERTY CONDITION.
OUR REQUEST IS TO ORDER THE REPAIR AT THE HOME AND CORRECT THE BLIGHT AND SUBSTANDARD CONDITIONS FOR THE NEIGHBORHOOD SAFETY, HEALTH AND OVERALL QUALITY OF LIFE.
EXHIBIT EXHIBIT TWO A SHOWS A, UH, CONTEXTUAL PHOTO FROM THE FRONT OF THE STREET.
UM, YOU COULD JUST SEE THE LACK OF MAINTENANCE ON THE EXTERIOR PROPERTY AS WELL ON THE DWELLING, UM, SURFACE, NOT COATED, NOT PROTECTIVE, PROTECT FROM PROTECTIVE TREATMENT.
TWO B SHOWS ANOTHER CONTEXTUAL SHOT FROM AN ANGLE.
UH, YOU CAN SEE GRASS WELL OVER 48 INCHES.
UM, JUST OVERALL ROOFS AND DRAINAGE, UH, HAVE LEAKS IN IT.
THERE'S A LOT OF DETERIORATED PARTS OF THE GUTTER.
AND JUST THE OVERALL DRAINAGE SYSTEM.
EXHIBIT TWO C, HERE'S A SHOT JUST SHOWING THE OVERHEAD, KIND OF THE SECOND FLOOR.
UM, JUST OVERALL DETERIORATION, WEATHERIZATION, UM, FROM NO UPKEEP, NO UPKEEP OR MAINTENANCE ON THE PROPERTY NOW FOR SEVERAL YEARS.
UH, ONTO EXHIBIT TWO D UH, THIS IS JUST A CLOSEUP VERSION OF, UM, THE ACTUAL SUBSTANDARD DEFICIENCIES WE'RE SEEING HERE TOWARDS THE ROOF AND DRAINAGE, UH, DEFICIENCIES, SPECIFICALLY EXHIBIT TWO A, NOW WE'RE IN THE REAR OF THE PROPERTY.
UM, ONCE AGAIN, WE'RE LOOKING AT, UM, DETERIORATION TOWARDS THE BOTTOM OF THE EXTERIOR.
UM, ALONG THE LEFT BACKHAND SIDE OF THE HOUSE PAST THE GROWTH.
YOU'LL SEE THE CHIMNEY TOWERS, UM, THAT IS SEVERELY DETERIORATED AND, UM, OPEN AND ACCESSIBLE IN A LOT OF PLACES.
JUST A CLOSER UP SHOT OF THAT.
UM, JUST SHOWING THE OVERALL DETERIORATION AND WEATHERIZATION AND LACK OF ANY MAINTENANCE OR UPKEEP.
EXHIBIT TWO G SHOWS A HIGHER UP POINT OF THE SHOT WHERE YOU COULD SEE BOTH THE, UM, SUBSTANDARD ROOFS AND DRAINAGE, AS WELL AS THE LARGE GAP IN THE CHIMNEY TOWER.
EXHIBIT TWO H UH, JUST SHOWS A SHOT RIGHT ALONG ADJACENT OF THE BACKSIDE OF THE PROPERTY.
AND HERE YOU COULD SEE AT THE BOTTOM OF THE, UM, EXTERIOR, UM, BOARDS AND STUFF.
YOU COULD SEE THE DETERIORATION THAT HAS BEEN ONGOING NOW AND GOTTEN WORSE OVER THE, OVER THE YEARS THAT THIS STRUCTURE AND PROPERTY HASN'T BEEN MAINTAINED.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS, IN FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT
[02:35:01]
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 REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE, OBTAINED AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS THE CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE 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 ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO A THROUGH TWO H, THE PHOTOGRAPHS.
AND I WILL, UM, ALSO MAKE A NOTE THAT WE HAVE A COUPLE OF SPEAKERS HERE.
I HAVE SCOTT, MR. SCOTT BOND, UM, HERE FOR THE OWNERS.
PLEASE GO AHEAD AND, UM, TAKE A SEAT AT THE PODIUM.
WOULD YOU LIKE TO GO UP THERE AS WELL? YES.
I THINK YOU HAVE POWER OF ATTORNEY TO SPEAK ON BEHALF OF THAT'S CORRECT, YES.
YOU CAN GO AHEAD WHENEVER YOU'RE READY.
YOU HAVE THREE MINUTES TO TELL US WHAT'S GOING ON AND WHETHER OR NOT YOU AGREE WITH WHAT STAFF HAS DISCUSSED TONIGHT.
UM, I'LL TRY TO MAKE THIS SUCCINCT.
I APPRECIATE YOUR TIME TONIGHT.
I'VE, UH, POWER OF ATTORNEY FOR MY PARENTS, THE OWNERS OF THE PROPERTY.
UM, THE, UH, PROPERTY HAS, UH, BEEN VACANT FOR A FEW YEARS.
UM, AFTER MY PARENTS MOVED FROM THE PROPERTY, UH, THE INTENT WAS TO EITHER BEGIN REPAIRS OR SELL IT IMMEDIATELY.
UH, UNFORTUNATELY, UH, RIGHT AFTER THEY MOVED, THERE'S BEEN JUST A SERIES OF MEDICAL CONCERNS AND, AND HEALTH EMERGENCIES THAT HAVE PUT, UH, UNFORTUNATELY THIS PROPERTY ON THE, THE BACK BURNER.
UM, AND, UH, I AM MORE THAN HAPPY TO, UH, REPRESENT THEM TODAY AND PLEAD THEIR CASE.
UM, THE, UH, THE UNFORTUNATE TRUTH IS THAT THEY DON'T, THEY DON'T HAVE THE CAPABILITY TO MAKE THESE REPAIRS AT, AT THIS TIME.
SO WHAT I'VE DONE STEPPING IN AS THEIR POWER OF ATTORNEY IS WE HAVE, UH, COMPLETED A, A SHORT SALE, UH, ON THE HOUSE.
UH, WE ACTUALLY CLOSED TODAY, EARLIER THIS AFTERNOON.
SO, UM, I HAVE NO DOUBTS THAT THE NEW OWNERS WILL BE ABLE TO ASSESS AND REPAIR, UM, AND CORRECT ALL OF THE CODE VIOLATIONS THAT HAVE BEEN BROUGHT FORWARD TODAY.
UM, SO, UH, IN CONCLUSION, I'M JUST, I, AT THIS POINT REQUESTING, UM, ADDITIONAL TIME FOR THE NEW OWNERS TO MAKE THESE, THESE REPAIRS AND, UM, LENIENCY ON THE, THE PART OF MY PARENTS.
MS. LAMOND, WOULD YOU LIKE TO ALSO ADDRESS US? YES, I WOULD.
UM, MR. BOND HERE HIRED ME ABOUT TWO WEEKS AGO.
I AM A, A REAL ESTATE BROKER WITH DOMAIN REALTY.
UM, UPON BEING HIRED BY MR. BOND, UM, I CONTACTED THE CITY OF AUSTIN IMMEDIATELY TO LET HIM KNOW THAT I WAS ON BOARD AND THAT, UH, WE WOULD BE PUTTING THE HOUSE ON THE MARKET IMMEDIATELY.
FORTUNATELY, WE WERE ABLE TO PROCURE A BUYER.
UM, AS SCOTT MENTIONED, UH, THEY DID SIGN TODAY, IT WILL ACTUALLY FUND AND BE RECORDED BY FRIDAY.
UM, I, YOU KNOW, THERE'S NO DOUBT THAT THE STRUCTURE IS STILL GOOD.
THE PROPERTY'S WONDERFUL, BUT YES, IT DOES NEED A MAKEOVER.
THE NEW BUYERS WILL BE IMMEDIATELY ATTENDING TO THAT.
UM, SO, UH, WHAT I AM HERE TO DO IS TO REQUEST THAT, UH, MAYBE YOU POSTPONE ANY, UH, FINES FOR ABOUT 90 DAYS.
THAT WOULD GIVE THEM AMPLE TIME TO START THE CLEANUP AND FOR SOME OF THE WORK TO SHOW.
UM, AND THE REASON WHY I REQUEST 90 DAYS IS THAT FOR PERMITTING AND FOR OTHER THINGS, TIME IS REQUIRED.
[02:40:01]
YES, THIS IS, I THINK WE SH WE SHOULD BE ABLE TO COME UP WITH SOMETHING TONIGHT THAT WORKS, UH, BECAUSE YOU'VE ALREADY TAKEN A LOT OF STEPS.COMMISSIONERS, DO YOU HAVE QUESTIONS FOR MR. BOND, MS. LAMOND, OR FOR INVESTIGATOR? LAMAN? CUSA.
I GUESS, UH, MY QUESTION WOULD BE FOR, UM, MR. BOND AND THE, THE REALTOR, UH, HOW, UH, AWARE OF THESE, LIKE THE, HAVE YOU NOTIFIED THE BUYER OF LIKE THE CODE VIOLATIONS, THE FACT THAT A MEETING WAS HAPPENING TODAY ON THE SUBJECT MATTER? THEY ARE AWARE.
EVERYTHING'S BEEN FULLY DISCLOSED.
UM, BUT SINCE THEY DON'T HAVE FULL OWNERSHIP OF THE PROPERTY, THEY'RE NOT ABLE TO COMMENCE ANY WORK.
UM, BUT WHAT I WILL SAY IS THAT AS THE, UM, CODE INSPECTOR HAS MENTIONED WITH THE OPENINGS, UH, MR. BOND HAS AUTHORIZED ME TO HIRE A ROOFER WHO WENT IN AND HAS ACTUALLY, UH, COVERED THE ROOFING, UM, ABOUT A WEEK AGO TO PREVENT ANY FURTHER WATER PENETRATION.
SO WORK HAS ACTIONS BEEN TAKEN.
UM, I'M, I'M AMENABLE TO 90, OBVIOUSLY, BUT I'M WILLING, I'M EXCITED TO HEAR WHAT EVERYONE ELSE THINKS ABOUT THIS.
CAN YOU REPEAT THAT LAST PART? I'M AMENABLE TO 90, BUT I'M OPEN TO HEARING WHAT OTHER COMMISSIONERS HAVE TO SAY ON THE MATTER.
I'M FINE WITH 90 DAYS AS WELL.
UM, JUST BECAUSE, YOU KNOW, THERE WERE CIRCUMSTANCES THAT WERE OUTSIDE OF THE OWNER'S CONTROL AND, UM, THEY'VE TAKEN A LOT OF STEPS CLEARLY TO, TO MAKE THIS.
AND THE NEW OWNER IS SORT OF SETTLING INTO A HOUSE, THE BUY AND PROCESS.
THERE'S GONNA BE A LOT OF STEPS FOR THE NEW OWNERS TO BE ONBOARDED, CORRECT? CORRECT.
UM, ANY OTHER THOUGHTS, COMMENTS? NO, EVERYBODY'S TIRED.
UM, COMMISSIONER FRANCIS AND THEN SHANA CAMPBELL.
I'LL MOVE TO CLOSE THE HEARING.
DO WE HAVE TO VOTE ON THIS? NO, WE DON'T.
BUT IF ANYBODY ELSE OBJECTS TO IT, THEN WE WOULD NOT CLOSE IT.
BUT I THINK WE'RE ALL FINE WITH THAT.
SO I MOVED TO ADOPT THE STA THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND TO, UM, AND RECOMMEND THE ORDER, EXCEPT THAT WE INCREASE IT TO 90 DAYS.
SO WE HAVE A FIRST AND A SECOND AND NO COMMENTS, CONCERNS.
I'LL GO AHEAD AND TRY WITH, UH, WITH CALLING THAT VOTE.
I'M IN FAVOR, COMMISSIONER TOAD.
SO WE ARE GIVING YOU THE 90 DAYS AND GOOD LUCK WITH EVERYTHING.
I, I THINK THEY'LL GET IT DONE.
THANKS FOR BEING HERE TONIGHT.
OKAY, NUMBER, WE'RE GOING TO GO TO NUMBER SEVEN ON THE AGENDA ITEM.
[STAFF BRIEFING (Part 2 of 2)]
THINK YOU WANTED TO HEAR FROM, UM, OH, ROBERT MOORE, UH, ON HIS PRESENTATION BEFORE YOU HEAR THE NEXT CASE.THANK YOU FOR REMINDING ME MR. MOORE.
UM, SO ROBERT MOORE, UM, DEVELOPMENT SERVICES DEPARTMENT, UH, DIVISION MANAGER.
UM, THIS IS A PRESENTATION JUST REGARDING KIND OF A MANAGERIAL ACCOUNTING ESTIMATE SUMMARY REPORT.
UH, BASICALLY JUST KIND OF TO GIVE AN IDEA OF, OR TO GIVE THE COMMISSIONERS AN IDEA THAT, YOU KNOW, EVERY CASE, YOU KNOW, THERE'S CITY RESOURCES, CITY TIME, CITY EFFORTS, ALL THESE THINGS THAT GO INTO THESE CASES, RIGHT? AND SO, UM, THIS IS JUST KIND OF A BREAKDOWN OF THAT.
UM, AND THAT'S WHY THIS IS WHAT WE'RE DOING.
AND JUST WANTED TO REMIND EVERYBODY THAT YOU KNOW, THESE, UH, YOU KNOW, WE WANT OUR ORDER ORDERS TO HAVE INTEGRITY AND, UM, TO HAVE MOTIVATION AND INCENTIVE TO COME INTO COMPLIANCE, AND DEFINITELY NOT PUNISHMENT.
I HEARD SOME PUNISHMENTS TALK GOING AROUND THERE, AND I DON'T THINK ANYBODY WANTS TO DO THAT AFTER HEARING THE CONVERSATION, BUT JUST WANTED TO PUT THAT OUT THERE.
[02:45:01]
I'LL GO AHEAD AND START.I WANTED TO GIVE A SHOUT OUT REAL QUICK TO, UH, KYLE BOISE JOLIE, WHO, UM, UH, HE BASICALLY DID ALL THIS WORK.
I MEAN, I, YOU KNOW, I, WE, WE, I GUIDED HIM A LITTLE BIT, BUT HE'S, UH, EXCEPTIONAL AND WORKS REALLY WELL.
AND, UM, WE'RE JUST GONNA GET RIGHT INTO IT.
SO, THE EXECUTIVE SUMMARIES OF THE PURPOSE OF THE ANALYSIS WAS TO ENABLE THE CRED TEAM TO PROVIDE A COST ESTIMATE INFORMATION TO THE BUILDING AND STANDARDS COMMISSION REGARDING THE COST OF SERVICE FOR ACTIONS UNDERTAKEN BY THE CITY OF AUSTIN IN ESCALATING NON-COMPLIANT PROPERTIES THROUGH THE BSC HEARING PROCESS.
UH, BSC MEMBERS HAVE PREVIOUSLY INQUIRED ABOUT THE COST OF SERVICE CASES WHEN DISCUSSING PENALTY RELIEF OPTIONS.
SO, UH, THE ANALYSIS WAS COMPLETED USING THE COST ESTIMATION PROCESS OUTLINED BY THE US GOVERNMENT ACCOUNTABILITY OFFICE.
UH, A WORK BREAKDOWN STRUCTURE WAS ALSO COMPLETED OUTLINING MINIMUM STAFF ACTIVITIES REQUIRED TO ESCALATE A CASE.
AND THEN, UH, SERIES OF ONE-ON-ONE INTERVIEWS WERE CONDUCTED WITH, UH, THE STAFF TO ESTIMATE THE TIME REQUIRED FOR EACH ACTIVITY, UM, USING AVERAGE HOURLY WAGE DATA FOR JOB TITLES, RESPONSIBLE AND EXPENSE DATA FOR SUPPLIES AND ADMINISTRATIVE DATA.
A COST OF SERVICE RANGE WAS CALCULATED FOR LOW AVERAGE AND HIGH COMPLEXITY CASES.
SO THE ASSUMPTIONS AND SPONSOR REQUIREMENTS ARE AS FOLLOWS.
SO ONE, WE WANTED TO UTILIZE A CONSERVATIVE APPROACH FOR ESTIMATION AIRING ON THE SIDE OF OMITTING COSTS.
SO I WAS JUST REAL ADAMANT ABOUT JUST KEEPING IT SIMPLE.
I WANT TO BE ABLE TO PRESENT, UH, THIS AND BE A HUNDRED PERCENT CONFIDENT THAT I KNOW FOR A FACT WE HAVE AT LEAST EXPENDED THIS AMOUNT OF RESOURCES ON A CASE.
I DIDN'T WANT TO GET INTO EXPLAINING A $500 BANDAID OR ANYTHING LIKE THAT.
SO I JUST WANTED IT TO BE REAL CONSERVATIVE.
UH, WHEN, WHEN DOING THIS, UM, NOW KYLE BEING THE OVERACHIEVER THAT HE IS, HE DID DO AN ADDENDUM THAT DOES HAVE THE INDIRECT COSTS AS WELL.
UH, BUT, AND, AND YOU, YOU'RE WELCOME TO LOOK AT IT, BUT FOR TONIGHT WE'LL JUST LOOK AT, UH, THE, THE, THE SIMPLE VERSION.
UM, ALSO ASSUME THE TYPICAL COST OF PREPARING A CASE, UH, FALLS WITHIN A CONSISTENT AND PREDICTABLE RANGE WITH ONLY A HANDFUL OF CASES EXCEEDING THAT RANGE.
UH, INDIRECT COSTS SUCH AS IT SUPPORT CORPORATE, UH, COA SUPPORT, OTHER SUPPORT SERVICES AND VEHICLE DEPRECIATION WILL NOT BE INCLUDED IN THE ESTIMATE.
UM, THE COST OF SUPPLIES AND EQUIPMENT WILL BE LIMITED TO POSTAGE CERTIFIED STANDARD AND NEWSPAPER POSTING FEES, UM, EXCLUDES GASOLINE AND OTHER CONSUMABLE ITEMS. AND THEN THE LABOR COSTS, UH, ONLY INCLUDE STAFF FROM AUSTIN.
CODE DEPARTMENT DOESN'T INCLUDE, UH, THE CITY LEGAL FIRE DEPARTMENT AND OTHER AGENCIES.
SO I'M SURE THE AMOUNT WOULD, WOULD OBVIOUSLY GO UP, TAKING THAT INTO CONSIDERATION.
THE, THE TOTAL COST FOR A LOW COMPLEXITY CASE, WE ARE ESTIMATING AROUND $3,500.
UH, AN AVERAGE IS AROUND 4,600.
AND THEN A HIGH COMPLEXITY CASE IS, IS WE'RE THINKING AROUND $7,000.
AND AGAIN, A HIGH COMPLEXITY CASE WOULD BE ONE THAT WE'D BE GOING OUT TO CONSTANTLY, UM, HAVING TO PERFORM MORE TRIPS AND MORE INSPECTIONS AND THINGS LIKE THAT.
UM, SO WE CAN GET INTO THE METHODOLOGY.
THE WORK BREAKDOWN STRUCTURE, UH, WAS COMPLETED IN A, IN CONSULTATION WITH ACD STAFF.
SO WE, UM, KYLE SAT EVERYBODY DOWN WHO TOUCHES, UH, A BSC CASE AND WHAT ALL GOES INTO PROCESSING THAT.
AND KIND OF WENT OVER, UM, ALL THE ACTIVITIES, HOW MUCH TIME IT TAKES, AND THEN KNOWING THAT TOOK THEIR HOURLY WAGE AND DID THE MATH, UH, TO COME OUT, COME UP WITH THESE NUMBERS.
AND THEN, UM, THE LABOR COST, THE TITLE OR RANGE OF TITLES FOR EMPLOYEES REASONABLE FOR EACH ACTIVITY IN THE WORK BREAKDOWN STRUCTURE WAS DOCUMENTED.
A SERIES OF INTERVIEWS WITH STAFF OR CONDUCTED TO, OH, I JUST SAID THAT KIND OF, PRETTY MUCH ESTIMATES OF THE TIME REQUIRED TO COMPLETE EACH ACTIVITY.
UH, AND THEN JUST, JUST SO YOU KNOW, LIKE THIS IS, THIS WILL CHANGE YEAR AFTER YEAR CUZ UH, WAGES WILL GO UP.
AND SO, BUT THIS IS JUST KIND OF A SNAPSHOT OF WHERE, WHERE WE'RE AT RIGHT NOW.
UM, AND THEN THE HOUR RATE, HOURLY RATE OF STAFF WORKING COLLABORATION WITH ACD HUMAN RESOURCES.
AND, UH, AVERAGE HOURLY RATE WAS CALCULATED FOR EACH JOB TITLE REFLECTED, UH, IN THE WORK BREAKDOWN STRUCTURE.
UM, AND THEN THE SENSITIVITY ANALYSIS.
UH, SEVERAL FACTORS AFFECT THE COST AND LABOR REQUIRED TO SERVICE A BSC CASE.
THESE FACTORS ARE DESCRIBED BELOW WITH AN EXPLANATION OF HOW EACH IS ACCOUNTED FOR IN THE ANALYSIS.
SO, NUMBER OF CASES PER PROPERTY, A PROPERTY MAY ONLY HAVE ONE CODE VIOLATION CASE, OR IT MAY HAVE SEVERAL CASES.
THE ANALYSIS IS CONDUCTED BASED ON COST PER NON-COMPLIANT PROPERTY RATHER THAN PER CASE.
UM, BECAUSE YOU MIGHT, WE MIGHT GET A RESIDENTIAL STRUCTURE, UH, OR WE MIGHT GET
[02:50:01]
A, A MULTIFAMILY STRUCTURE THAT HAS MANY, MANY, MANY CASES, AND THAT WOULD TAKE A LOT MORE TIME AND, AND EFFORT, UH, TO GO.DO YOU KNOW IF, I MEAN, SOMETIMES WE'VE HAD, UH, MULTIFAMILY STRUCTURES WHERE WE HAVE, YOU KNOW, TENS, 20 UNITS THAT WE'RE LOOKING AT, UH, STAIRCASES, STAIRWAYS, UH, BALCONIES, A LOT OF COMMON AREAS AND THINGS AND JUST, YOU KNOW, IT ALL ADDS UP TO BEING SIGNIFICANTLY MORE, UH, WORK THAN A JUST A, A SINGLE FAMILY STRUCTURE.
UM, JUST THE SHEER VOLUME OF WHAT WE'RE DOING OUT THERE.
UM, AND THEN THE NUMBER OF FOLLOW UP ACTIONS REQUIRED BY STAFF.
AGAIN, THAT PLAYS A BIG FACTOR.
UM, WE MIGHT ONLY HAVE TO GO OUT THERE A COUPLE OF TIMES VERSUS MULTIPLE TIMES, LIKE IF, UH, ESPECIALLY ON SOME OF THESE REAL BAD ONES WHERE, UM, PEOPLE ARE TEARING OFF OUR, UH, BOARD AND SECURED STRUCTURES AND WE'RE CONSTANTLY HAVING TO GO BACK OUT THERE, BOARD SECURE 'EM BACK UP.
UH, THOSE ARE SOME OF THE, THE ONES THAT REQUIRE MORE ATTENTION THAN OTHERS.
UH, AND THEN THE COMPLEXITY OF CASES, VARIABLES CONTRIBUTING TO CASE COMPLEXITY INCLUDE DIFFICULTY IN GAINING ACCESS TO THE PROPERTY LEGAL CONSULTATIONS, UH, AND INTERPRETATIONS, ORDINANCE, RESEARCH IDENTIFICATION AND NOTIFICATION OF INTERESTED PARTIES, COORDINATION WITH PARTNER AGENCIES, AMOUNT OF EVIDENCE REQUIRED TO SUBSTANTIATE PARTICULAR ORDINANCES AND TO ACCOUNT FOR THE INHERENT VARIABILITY OF IN COMPLEXITY, THE TIME NEEDED TO COMPLETE MINIMUM TASK IS EXPRESSED AS A RANGE.
AND HERE AGAIN, UH, WE HAVE A LITTLE BIT DIFFERENT BREAKDOWN HERE.
THIS ONE HAS LA LABOR COSTS, UM, SEGREGATED FROM THE TOTAL COST, WHICH WAS A LITTLE BIT ABOVE.
UM, SO THIS IS JUST LABOR COSTS AND ADMINISTRATIVE COSTS.
UM, COMBINED JUST TO, JUST TO KIND OF SEPARATE IT, IF YOU WANTED TO SEE THAT, HOW MUCH LABOR VERSUS HOW MUCH ADMINISTRATIVE COST.
AND THEN IF YOU GO FURTHER DOWN, AND BY THE WAY, WE CAN EMAIL EVERYBODY THIS WHOLE SUMMARY SO YOU CAN HAVE IT AND, AND REALLY GO THROUGH IT IF YOU, IF YOU WANT TO.
UM, NEXT WE HAVE KIND OF A FLOW CHART SHOWING ALL OF THE ACTIVITIES IT TAKES TO PROCESS CASES TO INSPECT AND, UM, PROCESS ALL THE CASES.
PLUS THIS KIND OF TRANSFERS INTO WHAT'S NEXT.
ALSO IS, IS THE WORK BREAKDOWN STRUCTURE, WHICH SHOWS, UM, ALL THE DIFFERENT ACTIVITIES, UM, UH, WHAT TITLE IS PERFORMING THEM, UH, AS FAR AS THE WAGES, UH, HOW LONG IT TAKES HOURLY.
UH, AND THEN, YOU KNOW, THE MATH IS, IS ACCUMULATED AS SUCH.
UH, SO, SO THE FLOW CHART KIND OF IS REPRESENTED BY ALSO BY THIS WORK BREAKDOWN STRUCTURE.
UM, AND THEN LAST BUT NOT LEAST, WE HAVE THE EXPENSE EXPENSE DATA, UH, WHICH SHOWS KIND OF OUR MAIL OUTS, HOW MUCH IT TAKES TO MAIL SOMETHING OUT, HOW MUCH IT TAKES TO POST IN THE AUSTIN AMERICAN STATESMAN THAT'S REQUIRED BY STATE LAW.
WE HAVE TO POST BEFORE A HEARING AND AFTER A HEARING ALL THE CASES THAT ARE GOING AND ALL THE CASES THAT WERE HEARD, THAT GETS REAL EXPENSIVE.
UH, SO THAT'S WHAT WE HAVE HERE IN THE EXPENSE DATA.
UM, AND THEN AFTER THAT IS THE ADDENDUM THAT KINDA SH UH, ADDS BASICALLY 33%, UH, FOR INDIRECT COSTS.
SO, YOU KNOW, THAT COULD, WHEN TAKEN INTO ACCOUNT, YOU COULD SEE A CASE, UH, GETTING UP INTO THE $12,000 RANGE AS FAR AS CITY RESOURCES EXPENDED ON THAT.
AND THAT CONCLUDES THE PRESENTATION.
AND I DO HAVE A COUPLE OF QUESTIONS.
SO YOU GIVE US SOME NUMBERS ON THE LOW END, THE AVERAGE AND THE HIGH END.
AND THEN, AS YOU ALREADY EXPLAINED, SOMETIMES WE HAVE SEVEN DIFFERENT CASES ON A, ON A PARTICULAR PROPERTY, RIGHT.
SO THEN WHAT DO YOU CONSIDER, LIKE THIS PRICING RIGHT HERE, WHAT DO YOU CONSIDER A CASE FOR INSTANCE? CUZ SOMETIMES, UM, THERE'S A CASE AND THEN THERE'S SEVERAL VIOLATIONS.
IS THAT WHAT YOU MEAN BY COMPLEXITY? COMPLEXITY CAN INCLUDE HOW MANY TIMES WE HAVE TO GO OUT THERE, UHHUH, HOW MUCH LEGAL CONSULTATION WE NEED FROM THE LEGAL DEPARTMENT, UH, HOW MUCH RESEARCH WE NEED TO DO ON THIS PROPERTY, UH, HOW MANY TIMES WE NEED TO GO OUT AND BOARD AND SECURE IT BECAUSE PEOPLE ARE RIPPING BOARDS DOWN HOW MANY CASES IT COULD HAVE.
I MEAN, THERE'S JUST SUCH A BROAD RANGE OF VARIABLES.
UM, AND WE ACTUALLY ARE FOCUSING ON A PROPERTY, UM, NOT PER CASE.
SO, SO THIS REPRESENTS, UH, ONE, UH, PROPERTY THAT, THAT COMES BEFORE YOU FOR AN ORDER.
[02:55:01]
I, I, I THINK THERE'S UH, TWO THINGS THAT, THAT I WANTED TO SAY FIRST, WHICH IS, UH, IF YOU COULD EMAIL THIS TO US, THAT WOULD BE WONDERFUL.I'LL JUST SAY, I JUST WANNA SAY I, I'M QUITE IMPRESSED WITH HOW LOW Y'ALL MANAGED TO KEEP THIS NUMBER, ESPECIALLY AT THE HIGH END.
UH, YOU KNOW, THANK YOU FOR CALLING FOR MAKING THIS OVER AND THANK YOU FOR THE WORK Y'ALL DO.
CUZ I WAS EXPECTING THE HIGH END TO BE A LOT HIGHER WITH SOME OF THE CASES THAT WE'VE SEEN.
I MEAN, SOME OF THE DOCUMENTS, IT'S HUNDREDS OF PAGES, SOMETHING LIKE THAT.
SO I WAS QUITE, QUITE IMPRESSED BY THAT.
AND I GUESS MY QUESTION FOR YOU IS LIKE ON, UM, BECAUSE SOME OF THE CASES SORT OF IN TERMS POSITIONS VARY, HOW MUCH VARIANCE DO YOU SEE IN THE LABOR COSTS VERSUS THE ADMIN COSTS? CUZ I NOTICED THAT THE NEWSPAPER POSTING SEEMS TO BE QUITE EXPENSIVE.
UM, THE LABOR STUFF SEEMS TO BE SLIGHTLY MORE CONSISTENT.
I GUESS MY QUESTION IS BOTH IN GENERAL, IN THOSE DIFFERENT COST CATEGORIES, HOW DO THEY VARY AND HOW DO SOME OF THE ACTIONS THAT WE TAKE, CAUSE NOT TO SAY THAT WHETHER IT'S GOOD OR BAD, BUT HOW, HOW DO SOME OF THE ACTIONS THAT WE TAKE AFFECT THOSE DIFFERENT SORT OF COST BUCKETS? SO THE ADMINISTRATIVE COSTS ACTUALLY ARE THE MOST CONSISTENT, UH, BECAUSE MAILING IS MAILING, RIGHT? MM-HMM.
NOW THAT COST DEPENDS ON HOW MANY CASES WE'RE TAKING BECAUSE THE MORE LETTERS YOU PUT IN AUSTIN AMERICAN STATESMAN, THE MORE EXPENSIVE IT IS.
UH, BUT IT'S USUALLY WITHIN A, A PREDICTABLE RANGE RIGHT NOW.
THERE WAS ONE CASE I THINK WE SAW TONIGHT WHERE THEY, WE HAD TO MAIL OUT, THEY HAD A BUNCH OF DIFFERENT ERRORS AND I THINK WE PROBABLY DID HAVE TO MAIL LIKE 10 OR 15 DIFFERENT LETTERS OUT.
BUT AS A WHOLE, I MEAN, THE ADMINISTRATIVE COST IS PRETTY CONSISTENT AND, AND, BUT THE LABOR COST IS KIND OF THE, THE, THE ONE THAT'S HARD TO PUT YOUR FINGER ON AS FAR AS, YOU KNOW, HOW MUCH TIME WAS REALLY SPENT ON, UM, ALL THESE ACTIVITIES THAT CAN HAPPEN ON CERTAIN CASES.
I MEAN, IT CAN, IT, IT'S JUST SO IT'S KINDA ALL OVER THE MAP.
THAT'S WHY WE WANTED TO PROVIDE KIND OF A SPECTRUM HERE AS LOW AVERAGE, HIGH COMPLEXITY KIND OF THING.
BUT AS FAR AS THE, UM, ACTIONS YOU TAKE AFFECTING THOSE COSTS, UM, THAT'S A GOOD QUESTION.
I, I DIDN'T REALLY THINK ABOUT IT.
UM, I WOULD JUST LIKE THIS TO BE ABLE TO UNDERSTAND.
EVEN, EVEN IF WE, WE JUST THINK AN ACTION IS GOOD.
I JUST THINK IT'D BE VALUABLE TO KNOW HOW YEAH.
THE COMMISSION AFFECTS HOW THE OVERALL, I, I THINK THE BIGGEST EFFECT YOU CAN HAVE IS JUST TO, AND THIS, THIS WAS A PROBLEM IN THE PAST AND IT HASN'T REALLY BEEN A PROBLEM, YOU KNOW, THAT I'VE SEEN RECENTLY AND ESPECIALLY NOT NOW, IS JUST KICKING CANS DOWN THE ROAD, RIGHT? THAT LIKE, THAT WILL AFFECT OUR COST.
CUZ IF WE HAVE TO GO THROUGH ALL THIS AGAIN AND BRING IT BACK BEFORE YOU, I MEAN ALL THESE, THEN IT CAN, THEN IT CAN GO UP SUBSTANTIALLY.
SO I WOULD SAY THAT WOULD BE THE, YOUR BIGGEST EFFECT ON, ON THIS COST.
YEAH, THOSE NUMBERS LOOK SO LOW TO ME.
THAT THAT'S WHY I WAS LIKE PER CASE OR YEAH, THAT WAS, THAT WAS, AND AGAIN, I, I WANT TO JUST STRESS THAT THIS ISN'T A, LIKE A, A COST OF SERVICE.
I MEAN, WE DIDN'T MEET ALL THE, YOU KNOW, EVERYTHING THAT, THAT TAKES, UH, FINANCE IS VERY ADAMANT ABOUT THAT AND LET ME KNOW THAT.
BUT UM, BUT THIS IS JUST SOMETHING I WANTED TO BE CONFIDENT IN, IN PRESENTING TO YOU GUYS AND, AND TO KNOW THAT THIS IS THE FOR SURE WE HAVE THIS MUCH.
YEAH, IT'S, IT'S A GOOD BALLPARK.
ESPECIALLY THE ADDENDUM GOES IN MORE DETAIL.
I HAVE COMMISSIONER FRANCIS, BUT I DO HAVE COUNSEL, UM, MADAM CHAIR, JUST A POINT OF ORDER.
WE'RE POSTED FOR A BRIEFING, NOT A DISCUSSION, SO WE CANNOT OH.
DISCUSS THE PRESENTATION AMONGST THE COMMISSIONER.
YOU CAN ASK A OH, CLARIFYING QUESTIONER QUESTION OF DIVISION MANAGER MORE, BUT, OKAY, GOOD, GOOD.
I WONDER, CAN WE DIGEST THIS CUZ I'M A LITTLE CAUGHT OFF BY THESE NUMBERS BEING SO LOW.
UH, SO MAYBE WE CAN HAVE SOME TIME TO DIGEST THIS AND BRING IT BACK FOR A DISCUSSION AND THEN MAYBE DIGGING IN A LITTLE BIT MORE.
AND WE REALLY LOOK FORWARD TO THAT IN THE RETREAT.
YOU KNOW, WE'RE, WE'RE STILL WAITING FOR THE, THE LAST HOLDOUTS TO GET FILLED AND THEN ONCE WE CAN, WE CAN FILL THOSE WE'RE WE WE'RE RARING TO GO ON THIS RETREAT THING CUZ THAT'S, WE REALLY, AND THEN WE CAN, WE CAN DEFINITELY DISCUSS EVERYTHING LIKE THAT.
WELL I APPRECIATE YOU PUTTING THE PRESENTATION TOGETHER FOR US.
AT LEAST WE HAVE A PLACE TO START.
SO WE'LL GO AHEAD AND IF THERE ARE NO OTHER QUESTIONS TO MR. MOORE.
WE'LL GO AHEAD AND MOVE ON TO THE AGENDA.
UM, YES, I JUST WANT, WANTED TO REMIND YOU OF THE TIME
I FIGURE WE COULD DO THIS IN LIKE THREE MINUTES, BUT UM, WE HAVE TWO REMAINING ITEMS ON THE AGENDA.
WE ALREADY DID THE STAFF BRIEFING.
[03:00:04]
JUST THE ANNUAL, JUST THAT ONE, RIGHT? YEAH, THOSE TWO, THOSE TWO THINGS.YOU, UH, THE COMMISSION HAS TO AT LEAST ADDRESS THE, THE INTERNAL REVIEW.
UM, ONLY BECAUSE IT IS DUE TO THE OFFICE OF THE CITY CLERK BY THE END OF JULY.
OKAY, WELL LET'S GO AHEAD AND TRY TO EXTEND THE TIME TONIGHT JUST BY A LITTLE BIT.
SO, UM, COMMISSIONERS, CAN WE BE HERE TILL 10? 10? UH, 10? WELL, A LITTLE WOULD BE A MINUTE.
UH, A MOTION TO MOVE THE, EXTEND THE MEETING.
WE HAVE A MOTION AND A SECOND AND I THINK WE HAVE TO VOTE ON IT.
AND I'M IN FAVOR, COMMISSIONER, STILL STAND EXTEND BY 10 MINUTES I VOTE.
ALL RIGHT, WE CAN PROCEED WITH THAT AGENDA ITEM.
UM, DO YOU WANNA TAKE UP ITEM NUMBER
[7. Case Number: CL 2021-050109]
SEVEN, THE, UH, PENALTY RELIEF CASE? ABSOLUTELY, YES.NUMBER SEVEN ON THE AGENDA IS A COMMERCIAL PROPERTY LOCATED AT 68 0 1 AIRPORT BOULEVARD, UNIT ONE 50, ALSO KNOWN AS ABRAZOS TACO HOUSE.
AN ORDER WAS ISSUED BY THE COMMISSION FOR THIS PROPERTY IN APRIL OF 2021.
THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF OF THE ACCRUED PENALTY.
THE CASE NUMBER IS CL 20 21 0 5 0 1 0 9.
THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE GOLD BOOKS IN YOUR READERS AND GOLD DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS A, IS ABOUT A COMMERCIAL PROPERTY CONSISTING OF TWO UNITS BOTH OPERATING AS RESTAURANTS.
AN ORDER WAS ISSUED IN THIS CASE FOR REPAIR WITHIN 90 DAYS WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 91ST DAY.
IF COMPLIANCE WAS NOT ACHIEVED, THE TOTAL PENALTY AS OF TODAY'S DATE IS $93,354 AND 60 CENTS, WHICH IS, WHICH INCLUDES INTEREST ACCRUED SINCE COMPLIANCE WAS ACHIEVED THROUGH TODAY'S DATE.
DURING THE DATE OF THE MEETING IN YOUR READER AND GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING, UH, THE PREVIOUSLY ADMITTED EXHIBITS, UH, BOTH CODES, EXHIBITS, AND THE OWNER'S EXHIBITS.
AND OUR EXHIBIT, UH, NUMBER THREE AS WELL AS THE PROPERTY OWNER'S, UM, CURRENT EXHIBIT THAT ARE TO BE ADMITTED.
EXHIBIT THREE CONTAINS AN UPDATED COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF HEARING FOR TONIGHT'S MEETING, AND A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.
A COPY OF THE RECORDED B S C ORDER ISSUED APRIL 28TH, 2021, AND A PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION CODE INVESTIGATOR, FAR PRESLEY IS HERE TONIGHT TO PRESENT THE PRE AND POST COMPLIANCE PHOTOS AND WILL DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE.
UH, INVESTIGATOR PRESLEY, PLEASE BEGIN.
I'M AN INVESTIGATOR WITH THE CASE REVIEW AND ESCALATIONS DIVISION OF THE DEPART DEVELOPMENT SERVICES DEPARTMENT AFTER THIS COMMISSION OR ISSUED ITS ORDER AND THE CASE AT ITS APRIL 28TH, 2021 MEETING THE CASE WAS REASSIGNED TO OUR DIVISION TO MONITOR THE PROGRESS OF REQUIRED REPAIRS.
THIS PROPERTY CONSISTS OF TWO UNITS, BOTH OF WHICH OPERATE AS RESTAURANTS.
THE ORDER WAS ISSUED ON UNIT ONE 50, WHICH OPERATES AS BRAZOS TACO HOUSE.
I HAVE MAINTAINED CONTACT WITH THE PROPERTY OWNER THROUGHOUT THE PROCESS OF COMING INTO COMPLIANCE.
I WOULD LIKE TO REMIND THE COMMISSION WHAT CODE OFFICER WILLIAM EVAN CITED IN THE NOTICE OF VIOLATION.
THE FIRST VIOLATION WAS EXTERIOR STRUCTURE AND STRUCTURAL MEMBERS.
ALL STRUCTURAL MEMBERS SHALL BE MAINTAINED FREE FROM DE DETERIORATION AND SHALL BE CAPABLE OF SAFELY SUPPORTING THE IMPOSED DEAD AND LIVE LOADS.
THE OTHER VIOLATION WAS UNSAFE CONDITIONS.
THE ROOF TRESSES ARE RUSTED AND HAVE PARTLY COLLAPSED CREATING A DANGEROUS SITUATION INSIDE THE STRUCTURE.
THESE VIOLATIONS WERE PARTLY ADDRESSED BY THE COMMISSION'S REQUIREMENT TO OBTAIN AN ENGINEER'S REPORT TO ASSESS THE ENTIRE ROOF, WHICH HAVE ALREADY BEEN PROVIDED BY THE OWNER PRIOR TO THE BSE MEETING.
SECONDLY, THE OWNER INITIATED A PLAN REVIEW A D S D, WHICH WAS THE FIRST STEP IN OBTAINING A BUILDING PERMIT.
THE BUILDING PERMIT WAS RECENTLY UPDATED WITH A FINAL DATE OF MAY 10TH, 2023.
[03:05:03]
I WILL NOW TAKE YOU THROUGH THE PHOTOS BEFORE AND AFTER.UH, IS THIS A CONTEXTUAL PICTURE OF THE, UM, UNIT ONE 50 BRAZOS TACO HOUSE? UH, THE NEXT PHOTO SHOWS, UM, THE CAUTION TAPE THAT WAS PUT ON THE PROPERTY WHEN HE, THEY REALIZED THAT THE, THE CEILING WAS LEAKING.
UM, THE THIRD PHOTO WAS FROM THE OLD OFFICER AND I THINK THIS WAS JUST, THAT WAS THE WAY THAT YOU HAD TO GO INTO THE PROPERTY CUZ YOU COULDN'T GO INTO THE FRONT DOOR FROM THE LEAKING CEILING.
THIS IS WHERE THEY PUT UP TEMPORARY SUPPORT ON THE CEILING, UM, TO, TO HELP WITH THE PROBLEM UNTIL THEY WERE ABLE TO GET IT FIXED.
AND THESE ARE THE PHOTOS THAT I TOOK WHEN I WAS WORKING WITH THE OWNER.
UM, THIS IS THE FRONT CONTEXTUAL PICTURE OF THE PROPERTY.
NOW HE'S MADE IT NOW ONE UNIT, NOT TWO.
HE'S DONE A LOT MORE WORK THAN, THAN WAS NECESSARY.
UM, SECOND PHOTO, UH, THE BRAZOS, UH, TACO HOUSE IS NOW BACK THERE WHEN HE HAD, UM, WAS DOING ALL THE COMPLETION OF THE ROOF.
HE HAD THEM LEAVE THE THE PROPERTY AND NOT SELL TACOS OUT OF THERE.
THIS IS THE BACK SIDE OF THE PROPERTY ON THE NEXT PHOTO.
AND HE, YOU COULD SEE AT THE TOP, HE'S REPLACED THE ENTIRE ROOF ALL ALONG THE ENTIRE BUILDING.
UM, THIS IS THE INTERIOR OF THE ROOF.
UM, HE WENT ABOVE AND BEYOND AND REPLACED THE ENTIRE ROOF INSTEAD OF JUST THAT LITTLE SECTION THAT WAS, THAT NEEDED TO BE REPAIRED.
AND THIS IS JUST ANOTHER, UM, HE'S TAKEN OUT ALL THE WALLS AND MAKING IT ALL ONE UNIT AND WENT ALL THE WAY DOWN WITH THE NEW ROOFING.
AND THAT COMPLETES MY PRESENTATION.
UH, STAFF ASK THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS IN FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT FOUR, WHICH IN CONSISTS OF THE PRE AND POST COMPLIANCE PHOTOS, STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING, AFFIRM THE CIVIL PENALTY OF $93,354 AND 60 CENTS ASSESSED FROM THE APRIL 28TH, 2021 ORDER RECORDED AS T R V 20 21 107 517 OR IN THE ALTERNATIVE TO, IF THE PENALTY AMOUNT IS REDUCED, ALLOW 30 DAYS TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT.
AND NUMBER THREE, ON THE 31ST DAY FROM THE DATE THE ANY SUBSEQUENT ORDER IS MAILED.
IF THE CIVIL PENALTY HAS NOT BEEN PAID IN FULL AT THE REDUCED AMOUNT REINSTATE THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I'LL GO AHEAD AND ADMIT EXHIBIT THREE AND EXHIBIT FOUR.
I DON'T BELIEVE WE HAVE ANY OTHER EXHIBITS IN THE READERS, RIGHT? NO, WE DO.
YOU'RE TALKING ABOUT THE ONES FROM 2023 OR NO? UM, I'M, I'M JUST LOOKING ON HERE.
IT SEEMS LIKE THERE ARE TWO DIFFERENT GOLD ONES MARKED.
AND THEN THERE'S ANOTHER ONE THAT SAYS TO BE ADMITTED AT LEAST ON MY SCREEN.
OH, WELL I DO HAVE IT, IT HAS DOCUMENTS FROM 2021, SO THAT THREW ME OFF.
WE'LL ADMIT THOSE EXHIBITS AS WELL.
UM, AND WE ALSO HAVE MR. AVILA.
SO
IS MR. AVILA SPEAKING FIRST? GOOD EVENING.
UH, I GOT HIRED ABOUT SIX MONTHS AFTER THE ARCHITECT HAD SUBMITTED IT.
IT HAD BEEN SITTING AT INTAKE FOR A LONG TIME.
AND SO I CONTACTED RODERICK BURNS FROM DSD, THE DIVISION MANAGER, AND TRYING TO FIND OUT WHAT TO HOLD UP WITH INTAKE.
ALL THAT WAS THE HOLD UP WAS NEON.
NEVER GOT THE INVOICE TO PAY THE REVIEW.
SO THEN YOU GET INTO THE REPEAT TIME AND AS, AND COMMERCIAL IS 28 DAY REVIEW.
AND THEN YOU GET YOUR ARCHITECT TO FIX THINGS.
[03:10:03]
THEN YOU UPDATE IT AND THAT'S ANOTHER 28 DAYS.SO IT ALMOST TOOK US A YEAR TO GET THE, THE PERMIT JUST TO DO, START HIRING THE, THE ROOFER.
AND THEN LEON CAN TALK ABOUT THE, THE FRAMING, HOW LONG IT TOOK 'EM TO, FOR THEM TO DEVELOP THIS, THIS KIND OF SPECIAL MADE FRAMING.
ALL ALL WE'RE ASKING IS PENALTY FORGIVENESS.
UM, MR. LEON TRAN, YOU MAY PROCEED.
THANK YOU COMMISSIONER FOR STAYING LATE TODAY.
UH, THE, THE REASON TAKE IT LONG BECAUSE WHEN WE, UH, THE ROOF WAS GOING STRAIGHT THIS WAY, SO WE'RE GOING THE SHORTER WAY.
SO WE HAVE TO ORDER THE FRAMING AND THE, THE GENERAL CONTRACTOR HAVE TO, UH, CONTACT THE ONE OF THE FRAME BUILDER TO BUILD THOSE FRAME THAT WE DESIGN.
CAUSE THE FRAME GONNA GO FROM DROP SIX INCH DOWN, UH, IT'S FLAT, BUT THAT'S A LOT OF PROCESS.
SO WE HAVE TO, UH, WE ORDERED THE NEW FRAMING AND IT'S, IT'S SENT OUT FROM DALLAS AND THEY HAVE TO SEND ENGINEER TO MEASURE TO MAKE IT RIGHT.
AND THAT'S WHEN WE GET TO LIKE CHRISTMAS, THANKSGIVING, AND THEY SAY KEEP DELAYING THE PROCESS.
AND UM, AND AS HECTOR MENTIONED, WE, UH, ONCE WE GET THE UH, UH, VIOLATION, I START THE PROCESS WITH ALL THE, THE UH, UH, ARCHITECTURE AND THE, THE STRUCTURE ENGINEER RIGHT AWAY.
AND ONCE I GET THE PERMIT, I START THE, THE STRUCTURE, UH, THE, UH, GENERAL CONTRACTOR.
AND THEN HE STARTED THE PROCESS.
AND IT TAKE A LONG TIME TO FINISH A ROUTE BECAUSE IT'S A FRAMING METAL.
AND THEN WE ALSO HAVE A THE DROP AND THEN IT'S A P PT O ON TOP.
AND I TRY TO DO THE WHOLE, UH, TO CON I DON'T WANNA DO PARK UP THE ROOF BECAUSE A FLAT ROOF CONNECT WITH A DROP CEILING, DROP ROOF.
SO WE WANNA DO THE TOTAL ROOF.
SO WE, THAT'S WHY IT TAKE A LONGER TIME.
UM, IT'S NICE TO SEE PICTURES LIKE THAT SOMETIMES
OKAY, SO COMMISSIONERS, DO YOU HAVE QUESTIONS OR ANY COMMENTS? I MEAN, I'M INCLINED TO, UM, TO, TO, TO, TO GO WITH THE REQUEST OF THE OWNERS.
WELL LET'S, AND THE REASON WHY IS OBVIOUSLY, UH, MR. TRAN HERE, HE MEANT TO DO IT AND WE ALL KNOW WHAT WAS GOING ON AROUND 2021 ANYWAY.
UM, BUT ON TOP OF THAT, HE'S STILL GOT IT DONE.
AND, AND I'M SEEING THE DOCUMENTS HERE, THE PROGRESSION OF TIME, AND THESE THINGS DO TAKE TIME.
SO I'M INCLINED TO, UM, GRANT THE REQUEST.
BUT LET'S GO AHEAD AND, UM, ANY QUESTIONS, COMMENTS? OH, COMMISSIONER CAMPBELL AND THEN COMMISSIONER SLU.
UH, I'LL JUST TRY AND KEEP THIS BRIEF, BUT, UM, UH, CONSIDERING WHAT THE HONOR HAS SAID, IT, IT SEEMS AS THOUGH THE WORK HAS BEEN VERY THOROUGH AND IT ALMOST SEEMS AS THOUGH, UM, IMPOSING THE FULL PENALTIES WOULD POTENTIALLY KIND OF PUNISH THEM FOR BEING MORE THOROUGH.
UM, THAT'S DEFINITELY SOMETHING THAT I'M CONCERNED ABOUT.
SO, I, I, I GUESS I'M A LITTLE BIT, UH, I, I WANNA ASK, UH, INSPECTOR PRESLEY, UM, WHY IS STAFF CURRENTLY RECOMMENDING AGAINST, UH, FORGIVING THESE PENALTIES? I'M GONNA GIVE THAT TO MY DIVISION MANAGER.
UH, YOU KNOW, THERE'S, WE'RE KIND OF TRYING TO FIGURE IT OUT, WHAT, YOU KNOW, HOW LONG THEY STAYED OPEN, LIKE THESE CONDITIONS EXISTED, YOU KNOW, SO WE'RE, YOU KNOW, WE'RE REAL CONCERNED WITH PUBLIC SAFETY AND WHEN, YOU KNOW, PEOPLE CONTINUE TO OPERATE THEIR BUSINESS WITH THIS KIND OF CONDITION EXISTING, YOU KNOW, WE DON'T, WE'RE TRYING TO
UM, ALSO I WILL SAY THAT, YOU KNOW, AND WE'VE SEEN THIS TIME AND TIME AGAIN, ESPECIALLY WITH THE, THE GENTLEMAN IN COUPLE MONTHS AGO, UM, YOU KNOW, WE ASKED 'EM TO FIX SOMETHING.
WE DIDN'T ORDER OR ASK THEM TO COME UP WITH SOME GRANDIOSE PLAN TO IMPROVE THEIR BUILDING, UM, ABOVE AND BEYOND, RIGHT? LIKE, WE JUST WANT THIS CONDITION FIXED, UH, SIMPLY.
UM, IF YOU WANT TO GO PUT A WHOLE NEW ROOF SYSTEM IN, THAT'S, THAT'S FINE.
BUT IF YOU COULD JUST, YOU KNOW, MAKE THESE, THESE REPAIRS FIRST, UH, THAT'S KIND OF THE, THE ROUTE WE WOULD PREFER.
UM, BUT I MEAN, WE ARE, WE'RE OPEN TO, UH, A REDUCTION.
I MEAN, I, I THINK THAT THEY DID A GOOD JOB.
I'M, I'M HAPPY IT'S DONE TWO WHATEVER, TWO YEARS LATER.
[03:15:01]
MEAN THAT'S WHERE WE, WHERE WE STAND.OH, UH, UNLESS, DOES ANYONE WANT MAKE, BEFORE I MAKE MY MOTION, DOES ANYONE WANNA ADD ANY OTHER COMMENTS? COUNSEL.
OH, WAIT, IS THAT BECAUSE OF THIS SCREEN? NO, IT, IT'S NOT A QUORUM CONCERN.
IT'S JUST IF YOU'RE GONNA OKAY.
CLOSE HEARINGS AND MAKE MOTIONS.
SHOULD REMIND, HAVE FORM VISIBLE.
SO BEFORE WE START DOING MOTIONS.
DID YOU HEAR WHAT WE JUST YEAH.
AND I, I BELIEVE MY CAMERA'S ON.
DID I, AM I, WAS I DOING SOMETHING THAT WAS PREVENTING ME FROM BEING SEEN OR WAS IT JUST BECAUSE OF THE EXHIBIT? I THINK IT WAS THE EXHIBIT.
YEAH, MY CAMERA SHOULD BE ON CHAIR.
COMMISSIONER LUGA, YOU CAN, YOU CAN CERTAINLY MAKE YOUR MOTION.
I GUESS JUST BEFORE I MAKE MOTION DO WARRANT'S CASE, HOW LONG, DO YOU KNOW HOW LONG THEY WERE OPERATING WHILE PEOPLE WERE ALLOWED TO BE IN THE PREMISES? WHILE THE ROOF WAS KIND OF UNSTABLE? I, I WASN'T THERE.
I KNOW TWO, THEY CAME OFF RIGHT? LIKE WHEN INSPECTOR WORKED, UH, THEY COME TO DSC, GET AN ORDER, AND MY TAKES IT OVER.
UH, ELAINE GARRETT, ASSISTANT DIRECTOR OVER THE OPERATIONS.
UH, WE WERE CONTINUALLY REVISITING THE SITE AND THEY WERE CONTINUING BUSINESS WHILE IT WAS STILL IN NEEDING THE REPAIRS.
SO, UH, WE DO HAVE STAFF HERE THAT CAN ALSO VERIFY THAT AS WELL.
BUT AS ROBERTS, UH, MR. MOORE SAID, UM, THE TRANSITION, ONCE IT GOES TO THE, TO THE CREDIT DEPARTMENT, THEN THEIR INSPECTORS START TO, TO SEE THAT.
BUT WE WERE STILL SEEING THE WORK.
UH, CUSTOMERS THEN, THEN I'LL SAY THEY'LL PUT UP A MOTION TO ADOPT THE, UH, RECOMMENDED ORDER EXCEPT, UH, REDUCE THE FINES 50% OF THE TOTAL AMOUNT.
A QUESTION, UM, ACTUALLY, UM, I THINK INSPECTOR PRESLEY WANTED TO ADD SOMETHING.
AM I RIGHT OR I WAS JUST GONNA SAY THAT ONCE I GOT THE CASE, THE BSC THING, UM, THE BRAZOS TACO HOUSE WAS NO LONGER WORKING OUT OF THERE.
I THAT RIGHT WHEN HE GOT SAID THE BSE ORDER, THAT'S WHEN HE WAS LIKE, UHOH, THIS IS SERIOUS.
I HEARD THAT IN YOUR TESTIMONY EARLIER.
UH, WHEN, WHEN WILLIAM COME TO US THAT IT'S, HE SAYS NOT SAFE.
AND IT, IT'S A DESIGNED BY A STRUCTURED ENGINEER, AND WE, WE, DID YOU SEE THAT WOOD SQUARE? IT WAS DESIGNED BY A STRUCTURED ENGINEER TO PUT IT UP.
JUST A QUICK QUESTION FOR YOU THEN.
SO DO YOU REMEMBER HOW LONG, IN 2021, REMEMBER WHEN YOU FIRST GOT THE NOTICES? WERE YOU STILL, UM, SELLING OUT OF THERE BEFORE YOUR SHORTING WENT UP? THE SHORTING WENT UP REAL QUICK.
YOU CAN SEE ON THE NOTE, UH, I, I THINK IT WAS LIKE REALLY QUICK.
IT WAS LIKE, UH, LIKE TWO OR THREE WEEKS AFTER THE NOTICE WENT UP AND THEN WILLIAM WAS THERE.
HE SAW THAT SORTING WENT UP 15.
I THINK THEN, OH, GO AHEAD, CHAIR.
I THINK WE'RE GONNA NEED TO EXTEND THE TIME AS WELL, BUT GO AHEAD, COMMISSIONER LUGO.
UM, I THINK WITH ALL THE CONTEXT, AND I'LL JUST TAKE IT IN, IN GOOD FAITH THAT THE PROPERTY OWNERS HAVE, SINCE THEY'VE EXECUTED THE ENTIRE PROCESS, AT LEAST I, UH, THE CHAIR, THEY'VE DONE THE REPAIRS.
SO I'M GONNA DO IT TO, UM, I'M GONNA GO IN MOTION TO ADOPT THE RECOMMENDED ORDER, EXCEPT SET THIS FEES AT 15% OF THE TOTAL EXISTING AMOUNT, UM, FOLLOWING THE, UH, THE PRESIDENT OF THE, UM, STAFF.
AND, UM, I'M TRYING TO DO THE MATH ON THAT BECAUSE IT'S, UM, 93, 3 54 60 AND YOU WON THE REDUCTION DOWN TO 15%, WHICH WOULD BE $14,003 AND 19 CENTS.
ALL RIGHT, WE HAVE A SECOND FROM COMMISSIONER CAMPBELL.
I'LL JUST, MR. CANDELA, GO AHEAD.
UH, JUST TO BE CLEAR, WE, WE ARE, UM, WE HAVE A RECOMMENDATION, BUT WE DON'T HAVE A RECOMMENDED ORDER.
UM, IF YOU ARE TO, OR IF YOU CHOOSE TO REDUCE THE PENALTY, WE WILL ISSUE A NEW ORDER.
UH, SO THE LANGUAGE SHOULD, SHOULD, UH, REFLECT THAT.
SO, SHOULD I REFRAME MY ORDER? OKAY.
[03:20:01]
THE FEE FOR, UH, THIS CASE TO 15% OF THE FEES IN THE PREVIOUS ORDERS AMOUNT.WOULD THAT BE, UH, CORRECT, MR. AL? ALRIGHT.
SECOND? YES, I SECOND THAT MOTION.
WE HAVE A SECOND AGAIN, UM, ON A REDUCTION WITHOUT ANY, UM, CONDITION AS TO PAYMENT OR ANYTHING LIKE THAT.
LET'S, UM, CALL THE VOTE THEN.
IS THAT, THAT ALSO INCLUDE THE STIPULATION TO PAY THE REDUCED AMOUNT BY WITHIN 30 DAYS? NOT, THAT'S WHAT I JUST ASKED.
AND THEY DIDN'T, THEY DIDN'T WANT THAT STIPULATION IN THERE.
SO WHAT, UH, STAFF WAS SUGGESTING BEFORE WAS THAT THIS KIND OF, UM, REDUCTION SHOULD BE TIED INTO MAKING THE PAYMENT WITHIN A CERTAIN NUMBER OF DAYS.
DO YOU WANNA PUT THAT CONDITION IN THERE OR NOT? SURE.
LET'S PUT A CONDITION, I GUESS WE'LL HAVE TO DO THE MOTION AGAIN.
UM, SO I MOVED TO, UM, ISSUE AN ORDER TO REDUCE, UH, TO, UM, REDUCE THE FEES, UM, TO 15% OF THEIR PREVIOUS ORDERS FOR THIS CASE, AND FOR IT TO BE PAID WITHIN 30 DAYS OF, UM, THE ORDER BEING ISSUED OUT, MAILED OUT, OR, OR ELSE IT'LL BE, UM, PERVERTED BACK TO THE ORIGINAL ORDERS AMOUNT.
DO WE HAVE A SECOND ON THAT? ONE SECOND.
THANK YOU, COMMISSIONER CAMPBELL.
I DON'T KNOW, I THINK, YOU KNOW, WE DIDN'T HEAR ABOUT TIME OR ANY OTHER CONSIDERATIONS.
I'M A LITTLE ON THE FENCE, BUT I FEEL LIKE WE HAVE TO EXTEND THE TIME TO DO THE VOTING.
AND A SAY YES RELUCTANTLY ON THAT CONDITION AND COMMISSION IS STILL SAID.
WELL, UM, MR. TRAN, THANK YOU MR. AVELA, THANK YOU FOR BEING HERE.
YES, YOU'LL BE GETTING A COPY OF THE ORDER AND, UH, REMEMBER TO MAKE THE PAYMENT ON TIME SO THAT IT DOESN'T GO BACK.
CAN WE, WE CAN'T DO IT IN ONE MINUTE.
MOTION TO ACCEPT HER MAYBE FIVE MINUTES YOU THINK? FIVE MINUTES MAYBE.
DO WE HAVE A MOTION TO EXTEND THE MEETING TO 10 15? I MOVED TO, I MOVED, I MOVED TO EXTEND THE MEETING TO 10 15.
DO WE HAVE A SECOND? SECOND MIDNIGHT
JUST LIKE I GOTTA GET BACK HOME.
ANY OBJECTIONS TO EXTENDING THE MEETING TILL 10 15? NO OBJECTION.
ALL RIGHT, MR. CANES, WHAT DO WE HAVE TO DO NEXT? LAST
[9. Discussion and planning regarding Annual Internal Review Report]
ITEM, I'LL TRY TO BE VERY BRIEF.UM, IN YOUR READERS, IN YOUR READERS, YOU'LL FIND THE, UH, PREVIOUS LAST YEAR'S, UH, ANNUAL INTERNAL REVIEW REPORT AND, UH, THIS YEAR'S A TEMPLATE FOR THIS YEAR'S REPORT.
SO ALL WE'RE REALLY ASKING YOU TO DO IS TO, UM, IF YOU HAVE ANY GOALS OR OBJECTIVES, WE USUALLY KIND OF, UM, PROCESS THE NUMBERS INTERNALLY THAT GO INTO THE REPORT.
SO WE'RE SIMPLY JUST ASKING IF YOU HAVE ANY GOALS OR OBJECTIVES, UH, FOR THE NEW CALENDAR YEAR THAT, UH, YOU WOULD LIKE TO SEE US, UH, YOU KNOW, KNOW MORE ABOUT OR, OR GATHER INFORMATION ABOUT.
PREVIOUSLY, UM, YOU'VE ASKED US TO, UH, PUT ON A RETREAT BASICALLY EVERY YEAR, AND I THINK WE'VE DONE SO, UM, THERE HAS BEEN SUGGESTIONS SUCH AS MAYBE, UH, PRIORITIZING REPEAT OFFENDER CASES.
UM, THERE HAVE BEEN RECOMMENDATIONS TO MAYBE BRING OLD CASES, UH, FORWARD, UH, MORE QUICKLY.
[03:25:01]
NOT REAL SURE IF THAT'S, UH, APPLICABLE OR HELPFUL MM-HMM.BUT AGAIN, IF YOU, IF YOU, UH, HAVE ANY IDEA OF, YOU KNOW, LIKE YOU'D LIKE TO KNOW MORE ABOUT THIS OR THAT X OR Y WE ARE HAPPY TO INCLUDE THAT IN THE REPORT.
THANK YOU, COMMISSIONER FRANCIS, GO AHEAD.
I JUST HAVE A FEW QUESTIONS AND I READ THROUGH THIS AND THOUGHT, OKAY, FIRST OF ALL, WE'RE, WE'RE AT THE, IT'S 1159, AND SO TRYING TO COME UP WITH GOALS AT THE LAST SECOND IS SOMEWHAT ANNOYING.
UH, IF WE'RE REALLY GONNA PUT SOME TIME INTO IT TO CREATE SOMETHING THAT'S REALLY GONNA BE MEANINGFUL AND IMPACTFUL AND THAT WE COULD THEN REVIEW AT THE END OF THE 12 MONTHS AND SAY, DID WE MEET THOSE GOALS AND OBJECTIVES? SO, UH, AND, AND THEN SOME THAT ARE HERE ARE STAFF WILL PROVIDE REGULAR UPDATES REGARDING REPEAT OFFENDER CASES.
STAFFING COMMISSION WILL COLLABORATE ON INFORMATION AND MATERIALS TO BE PROVIDED TO THE PUBLIC AND HELP BETTER UNDERSTAND THE, I DON'T KNOW, DID ANY OF THAT HAPPEN? I DON'T, I DON'T RECALL ANY OF THAT HAPPENING.
UH, WE, I REMEMBER HAVING A, UH, STAFF BRIEFING ON THE REPEAT OFFENDER PROGRAM.
WE ALSO TALKED ABOUT THE, UM, UH, LICENSE, UH, ISSUE ONCE BEFORE.
UM, BUT, BUT, BUT THE GOAL WAS PROVIDE REGULAR UPDATES.
AND SO ANYWAY, I I I'M NOT THROWING BOMBS, I'M JUST SAYING IF WE COULD HAVE A LITTLE MORE TIME TO MAYBE THINK THROUGH WHAT THOSE MIGHT BE, UM, UM, INSTEAD OF TRYING TO F AT AT 10 14.
DOES THAT MAKE SENSE? YES, I UNDERSTAND.
UM, SO I'M, I'M NOT REALLY EQUIPPED TO KIND OF WHIP UP A GOAL HERE AT THE LAST SECOND, AND WELL, AND THE DANGER WITH, UH, KIND OF PUTTING THIS OFF TO NEXT MONTH IS THAT IT'S DUE AT THE END OF NEXT MONTH.
UM, HOWEVER, UM, YOU KNOW, YOU'RE, YOU'RE, I'M SURE WE CAN WORK IN ANYTHING THAT YOU WANT TO THINK OVER FOR A MONTH AND COME BACK AND SUGGEST IN JULY.
UH, WE DON'T HAVE TO FINALIZE THE REPORT UNTIL THE END OF JULY AND SUBMIT IT BY THE END OF JULY.
SO AGAIN, THESE ARE, THESE ARE OBJECTIVES FOR THE FOLLOWING YEAR.
I UNDERSTAND SNAPSHOT OF WHAT IT LOOKED LIKE LAST YEAR.
IT, IT'S ONLY THE, UH, CASE DATA THAT'S A SNAPSHOT.
AND I REMEMBER THAT WE HAD ASKED FOR SOME SUGGESTIONS OR SOME SAMPLES SO THAT WE COULD KNOW HOW THE GOALS WERE SET IN THE PAST.
AND I BELIEVE THAT PARTICULAR REGULAR UPDATES WAS, UM, COMMISSIONER MUELLER MIGHT HAVE WANTED THAT SPECIFICALLY.
UM, I HAVE TO CONCUR WITH COMMISSIONER FRANCES THAT RIGHT NOW I'M, UH, QUITE, QUITE TIRED.
UH, BUT, UM, THERE ARE TWO THINGS THAT I THINK, UH, QUESTIONS THAT I REGULARLY ASK AND ALL THOSE THINGS THAT I THINK ABOUT, WHICH IS, AND I WOULD LOVE TO BE ABLE TO HAVE SORT OF MORE SYSTEMATIC WAY OF HANDLING CASES OR HAVING THAT INFORMATION SORT OF PROVIDED THOUGHT THROUGH, WHICH IS ABOUT LIKE ACTIVE PUBLIC SAFETY RISKS FOR EACH CASE AND THE MORE TO THE POINT, UH, COSTS.
SO HANDLING PRIORITIZATION ON A BA ON, IF POSSIBLE ON A BASIS BE LIKE, HEY, IF WE DON'T DO THIS NOW, THIS IS GONNA GET REALLY EXPENSIVE TO DEAL WITH AS THINGS ESCALATE OR THIS IS A ISSUE THAT THIS IS A CASE THAT LIKE, OH, IT JUST CAME UP, OR SOMETHING CHANGED RECENTLY THAT LIKE, IF WE DON'T DO THIS NOW, THE RISK FACTOR OF A FIRE OR SOME OTHER EMERGENCY OR SOME OTHER PUBLIC HEALTH ISSUE HAPPENING IN THAT AREA WILL GO UP SIGNIFICANTLY.
SO THOSE ARE, I GUESS, TWO GOALS THAT I HAD.
BUT LIKE I SAID WITH COMMISSIONER FRANCIS, UM, I, I'LL PROBABLY THINK MORE COGENTLY UH, LATER, LATER ON.
OH YEAH, IT'S, IT'S KIND OF ROUGH.
IT'S, IT IS 10 15 ALREADY AS WELL.
UM, SO WE ARE PUSHING UP AGAINST, UM, THE, THIS TIME, UH, CRUNCH.
I THINK MAYBE IT WOULD HELP TO BE ABLE TO TELL THE COMPLEXITY OF THE CASE, UM, FROM THE STAFF'S PERSPECTIVE THAT WOULD, THAT WOULD KIND OF CLUE US IN TO SAY, OH, THIS MIGHT GET VERY EXPENSIVE QUICKLY.
AND MAYBE THE, UH, SAFETY CONCERN, THE LEVEL OF THE SAFETY CONCERNS.
MAY DO WE WANNA THEN COME BACK NEXT MONTH WITH THE, OUR SUGGESTIONS IF WE HAVE ANY.
I MOVE TO CONTINUE THIS DISCUSSION IN THE NEXT MEETING OF THE BUILDING AND SANDERS COMMISSION.
UM, YES, MISS ALI, JUST, I JUST, I JUST WANTED TO ADD LAST YEAR WHAT WE DID, UM, I THINK YOU CAME BACK IN JULY AND HAD SOME ADDITIONAL, UM, GOALS
[03:30:01]
AND OBJECTIVES THAT YOU WANTED TO ADD.AND THEN WE BROUGHT THE, THE BULK, YOU KNOW, JUST THE, THE, WE BROUGHT THE REPORT BACK WITH ALL OF THE FACTUAL INFORMATION AND THEN YOU ADDED SOME GOALS YOU DON'T HAVE TO VOTE ON.
I MEAN, ONCE YOU DECIDE ON THE, AT THE NEXT MEETING, THEN WE CAN EDIT THE, UH, REPORT AND THEN THE CHAIR WILL SIGN IT.
SO, UM, IT DOESN'T HAVE TO COME BACK TO THE COMMISSION FOR A VOTE.
UM, IT IS 10 16, SO WHAT HAPPENS, COUNSEL, SHOULD I CLOSE THIS MEETING? YOUR, UM, YES, MADAM CHAIR.
THE, THE ITEM DOESN'T HAVE TO BE, BE CONTINUED.
IT CAN JUST, STAFF CAN JUST PUT IT ON THE NEXT ITEM IF YOU WANNA JUST CLOSE THE MEETING.
MEETING IS AD WELL IT IS 10:16 PM AND THE MEETING IS OFFICIALLY ADJOURNED.
YEAH, THANKS FOR STAYING LATE.
UH, COMMISSIONER TED, TAKE CARE.