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[00:00:06]

EVERYONE.

UM, I, UH, I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JULY 26TH, 2023.

LET THE RECORD REFLECT THAT THE TIME IS SIX, UH, 40 3:00 PM MY NAME IS TIMOTHY SESTAD.

I'M A COMMISSIONER OF THE BUILDING AND STANDARDS COMMISSION, AND I WILL BE PRESIDING OVER THE MEETING IN PLACE OF CHAIR AND VICE CHAIR WHO COULD, UH, NOT ATTEND THIS EVENING.

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

UH, QUICK REMINDER TO OUR COMMISSION, COMMISSIONERS REMOTING IAN, PLEASE TURN ON YOUR CAMERA AND KEEP IT ON SO AS TO MAINTAIN FORUM, WHICH I BELIEVE WE HAVE JUST A BARE QUORUM TONIGHT, SO IT'S ALL THE MORE IMPORTANT.

UM, SO, UH, I'LL GO AHEAD AND CALL THE ROLE, UH, COMMISSIONER CAMPBELL HERE.

UH, COMMISSIONER ASTA LUGO HERE.

UH, COMMISSIONER FRANCIS.

HERE.

COMMISSIONER BENIGN.

HERE.

COMMISSIONER SIG.

GOOD.

I THANK YOU.

AND, UH, UH, VICE CHAIR FARRERA AND, UH, CHAIR ARE NOT HERE.

UH, OKAY.

SO AT THIS TIME, OH, SORRY.

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

EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, UH, OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.

TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE CASES ON THE POSTED AGENDA.

UM, THE COMMISSION WILL CONSIDER THIR, UH, PARDON ME FOR 13 CASES FROM FIVE PROPERTIES ON THE AGENDA.

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

HOWEVER, THE CHAIR MAY TAKE A CASE OUT OF ORDER IF APPROPRIATE.

UH, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.

UH, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.

STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED, UH, THE REPRESENTATIVE OF THE PROPERTY, UH, SHOULD COME FORWARD AND TAKE A SEAT, UH, NEAR THE PODIUM, OR IF YOU ARE PARTICIPATING REMOTELY, UNMUTE, UNMUTE.

YOUR PHONE OR DEVICE CITY WILL PRESENT ITS EVIDENCE AND WITNESS FIRST, UH, WITNESSES FIRST, UM, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.

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

YOU'LL HAVE A TOTAL OF FIVE UH, MINUTES TO PRESENT YOUR CASE WHEN THE TIMER INDICATES THAT YOUR TIME IS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

UH, WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.

DO WE HAVE, UH, THAT'S ME, JAMES CONEZ FOR THE CITY OF AUSTIN.

I'LL BE YOUR TIMEKEEPER.

OKAY, THANK YOU, JAMES.

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

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

UH, BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ADDITIONAL WITNESSES.

UH, AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

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

WHEN YOUR CASE IS CALLED, UM, WITNESSES DO TESTIFY UNDER OATH.

SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

UM, OKAY.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.

I DO.

THANK YOU.

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

IF WE COULD, UH, APPROVE THE MINUTES.

AND I BELIEVE WE DO HAVE ONE PERSON HERE FOR CITIZEN FOR PUBLIC COMMUNICATION.

OKAY.

THANK YOU.

[APPROVAL OF MINUTES]

HAS EVERYONE HAD A CHANCE TO REVIEW THE MINUTES? WHO WOULD LIKE TO DO SO FROM LAST WEEK OR LAST MONTH RATHER, MR. CHAIR? YES.

MOTION TO APPROVE THE MINUTES.

OKAY.

WE HAVE A MOTION TO APPROVE.

DOES THAT NEED TO BE SECONDED? SECOND.

OKAY.

UH, SO I'LL, I'LL, I'LL GO AHEAD AND CALL.

IS THERE ANY, IS THAT WE DON'T NEED A ROLL CALL, VOTE FOR THAT.

THAT'S JUST A, LIKE A VOICE VOTE WE CAN SAY.

IS THERE, IS THERE ANY OBJECTION TO APPROVING THE MINUTES HEARING? NONE MINUTES ARE APPROVED.

UH, SO WE DISCUSSED, OKAY, SO TONIGHT

[00:05:01]

WE HAVE, UM, OUR SECOND, UH, ITEM ON THE AGENDA TONIGHT IS DISCUSSION AND POSSIBLE ACTION REGARDING THE ANNUAL INTERNAL REVIEW REPORT.

I'M ADVISED BY STAFF THAT, UM, YES, SORRY, I APOLOGIZE.

WE DO HAVE ONE PERSON HERE FOR PUBLIC COMMUNICATION.

OH, CERTAINLY.

I'M SO SORRY.

THAT'S YOU SAID THAT.

THAT'S OKAY.

OKAY.

SO WE'RE ACTUALLY GONNA GO TO PUBLIC

[PUBLIC COMMUNICATION: GENERAL ]

COMMUNICATION.

I HAVE A, UH, HOWARD LIRAN, UH, I HOPE I PRONOUNCED THAT, UH, CORRECTLY.

OKAY, MR. LIRON, UH, PLEASE PROCEED.

HI, I'M HOWARD LITTLEAND, PROFESSOR OF CIVIL ENGINEERING AT THE UNIVERSITY OF TEXAS AT AUSTIN.

I'M A NEIGHBOR OF CHARLES SOBEL, WHO LIVES AT 4,003 AVENUE G.

HIS CASE WAS REVIEWED LAST MONTH, AND I JUST WANTED TO GIVE AN UPDATE TO THE COMMISSION AND THANK YOU FOR THIS OPPORTUNITY THAT NOTHING HAS IMPROVED, THAT PEOPLE ARE STILL LIVING IN THE MOBILE HOME.

IT'S ON THE DRIVEWAY.

THE HOARDING AND RECYCLING OPERATION IS STILL GOING FULL SWING IN THE BACKYARD.

THE LOAD CAME THROUGH TODAY TO DROP OFF MORE MATERIAL.

THERE'S EVEN MORE MATERIAL.

THE UNT PERMITTED GAR GARAGE EXTENSION UNDER THE CITY UTILITY POWER LINES IS UNCHANGED.

IT'S STILL THERE.

NO ATTEMPT HAS BEEN MADE TO REMOVE IT.

THE ROOF SUBBASE IS STILL FLEXED.

ROOFING SHINGLES ARE STILL MISSING AROUND VINCE, SO IT'S STILL DANGER TO WATER GOING INTO THE HOUSE.

HE STILL OWES 86 THOU $87,600 IN PROPERTY TAXES FROM 2019 TO 2022.

UM, NOTHING HAS CHANGED AS HERE, AS I CAN TELL.

JUST THOUGHT I'D GIVE YOU AN UPDATE AND LET YOU KNOW THAT ONE OF THE NEIGHBORS WILL BE HERE EVERY MONTH UNTIL SOMETHING CHANGES .

OKAY? OKAY.

AND THANK YOU, THANK YOU FOR YOUR ATTENTION TO THIS.

IT'S, UH, I REALLY APPRECIATE THE EFFORTS THAT YOU'RE MAKING.

OKAY.

WELL, THANK, THANK YOU SO MUCH FOR YOUR TESTIMONY.

UH, WE'RE NOT POSTED FOR ACTION ON THAT PROPERTY, SO I DON'T BELIEVE WE HAVE A AN LY AT THIS POINT.

I THINK I CAN JUST THANK YOU.

MOVE ON TO THE NEXT, UH, ITEM.

SO, AS I WAS, AS I HAD BEEN SAYING WHEN I WAS JUMPING AHEAD A MOMENT AGO, UM, I'M ADVISED THAT OUR SECOND ACT ACTION ITEM, OR THE ITEM NUMBER TWO ON THE AGENDA SHOULD BE MOVED TO THE END.

SO WITHOUT OBJECTION, I'M GONNA GO AHEAD AND, AND DO THAT AND JUST MOVE ON TO ITEM NUMBER THREE ON THE AGENDA.

UM, AND ITEM NUMBER THREE, OH, I'M SORRY.

I SKIPPED THE, I SKIPPED THE APPROVAL OF THE NO, WE DID APPROVE THE MINUTES, RIGHT? YEAH.

I'M SO SORRY.

I'M SO SORRY.

UM, CHAIR, SO DO YOU WANNA MOVE THE, DO YOU WANNA MOVE THE DISCUSSION AROUND THE GOALS TO THE END OF THE MEETING? THAT'S CORRECT.

THANK YOU.

OKAY.

UM, SO I, SHOULD I GO FORWARD ON ITEM NUMBER THREE? YES, THAT'S, UH, I APOLOGIZE.

UH, YEAH, I THINK WE'RE READY TO MOVE TO ITEM NUMBER THREE.

SO, UH, CHAIR, SORRY, BEFORE WE CONTINUE, I THINK WE TECHNICALLY LOST QUORUM SINCE WE HAVE COMMISSIONER SALLY ON CAMERA.

THANK YOU.

THAT'S A GOOD POINT.

HE'S NOT COMMISSIONER, COMMISSIONER SALLY, CAN YOU HEAR US? MY CAMERA KEEPS GETTING BUMPED OFF, BUT I, I DON'T KNOW WHAT THE WRONG WRONG WITH THE CONNECTION AND NOW I'M ON.

OKAY.

UM, I THINK I NEED TO GO TO COUNSEL ON THIS ONE.

IF HE IS NOT VISIBLE ON THE SCREEN.

IS THAT, DOES THAT NOT QUORUM FOR ANY DELIBERATION? IS THAT, ARE QUORUM BROKEN? UM, UNFORTUNATELY, UM, IT IS, MS. SHARED IS NOT QUORUM.

UM, IF HIS, IF HIS CAMERA ISN'T ON.

OKAY.

UH, COMMISSIONER SELLER, CAN YOU ATTEMPT TO RECONNECT YOUR CAMERA TO THE COMPUTERS CONNECTED? NOW, CAN YOU, IS THERE A BUTTON ON THE SCREEN THAT WOULD ALLOW YOU TO RE-ENABLE, UM, THE STREAMING OF THE VIDEO COMM, UH, COMMISSIONER SIG, IS IT POSSIBLE THAT YOU MIGHT HAVE AN ANOTHER DEVICE THAT, UH, UH, WOULD HAVE A CAMERA THAT, THAT YOU COULD USE, UM, JUST TO TRANSMIT YOUR, YOUR IMAGE? UH, I, I DON'T EVEN KNOW IF IT HAS TO BE THE SAME DEVICE, AS LONG AS WE CAN HEAR AND SEE YOU .

OKAY.

LET ME, UM, I'M GONNA GO AHEAD AND, UM, FIRE UP MY OTHER COMPUTER.

OKAY.

CHAIR, IN THE MEANTIME, I'M GONNA CALL YOU CHAIR FOR TONIGHT'S MEETING, IF THAT'S OKAY.

THAT'S FAIR.

UM, IN THE MEANTIME, I HAD ONE LITTLE HOUSEKEEPING ITEM I WANTED TO BRING UP, IF THAT'S OKAY.

OF COURSE.

UM, SO LEMME FIND THIS.

I BELIEVE YOU RECEIVED AN EMAIL FROM THE CITY CLERK'S OFFICE SAYING THAT YOU HAVE UNTIL JULY 31ST TO AFTER THAT TIME, YOU'RE GONNA MAKE CHANGES TO YOUR, UH, PASSWORDS AND LOGIN FOR YOUR CITY EMAIL ADDRESSES.

UM,

[00:10:02]

WITHOUT HAVING TO CALL C T M, YOU'LL BE ABLE TO DO THAT AUTOMATICALLY THE WAY WE DO, WHERE YOU CAN RESET YOUR OWN PASSWORDS AND THEN THEY'LL CHANGE EVERY 90 DAYS.

MM-HMM.

.

SO IF ANYONE NEEDS ASSISTANCE LOGGING ON TO C T M, GETTING INTO YOUR PAST, GETTING ONTO YOUR CITY, UM, EMAIL BEFORE THAT TIME, THEY'RE JUST ASKING THAT YOU CALL.

AND I HAVE TWO PHONE NUMBERS IF ANYBODY WOULD LIKE THAT, BUT JUST, UH, TO MAKE SURE YOU CAN GET ONTO YOUR CITY EMAIL.

OKAY.

THANK YOU.

MM-HMM.

.

SO I, I HAVEN'T ENCOUNTERED THIS SITUATION BEFORE.

WE, THE RECESS OR EVERYONE OH, SORRY, I'M TALKING TO YOU.

YES, WE'RE IN RECESS UNTIL EDWARD, UH, COMMISSIONER CELL COMES BACK ONLINE.

HAS EVERYONE SIGNED THE SIGN IN SHEET? OKAY.

BUILDING STANDARDS COMMISSION STANDS IN A BRIEF RECESS.

OKAY.

I'M GONNA CALL THE, UH, THE, THE COMM .

I'M GONNA CALL THE COMMISSION MEETING BACK TO ORDER BECAUSE I BELIEVE WE HAVE, UH, COMMISSIONER SELIG'S, UH, VIDEO, UH, APPEARS TO BE WORKING AGAIN.

SO, UM, SO WE DO HAVE A QUORUM, UH, AND WITH THAT, WE WILL MOVE.

SO, I, I THINK I, I MORE OR LESS ALREADY SAID THIS, BUT WE ARE MOVING AGENDA ITEM NUMBER TWO IN THE DISCUSSION OF POSSIBLE ACTION ITEMS. WE'RE MOVING THE CONSIDERATION OF THE ANNUAL INTERNAL REVIEW REPORT TO THE END, UH, AND WE'RE GONNA PROCEED STRAIGHT TO AGENDA ITEM NUMBER THREE.

UH, AND WITH THAT, UM, I WILL TURN IT OVER TO MS. ALLEN.

ONE SECOND.

GOOD EVENING.

GOOD EVENING COMMISSIONERS.

THE FIRST CASE

[3. Case Numbers: CL 2023-069307, CL 2023-069310, CL 2023-069312, CL 2023-069318 and CL 2023-069320 Property address: 1137 Gunter Street - Exterior of Buildings 9, 14, 15, 16, and 17 (aka Lupine Terrace Apartments / Owner: Mason Manor Apartments, LLC]

ON THE AGENDA FOR YOUR REVIEW AND CONSIDERATION.

ITEM NUMBER THREE IS REGARDING A COMMERCIAL MULTI-FAMILY PROPERTY CURRENTLY ENROLLED IN THE REPEAT OFFENDER PROGRAM LOCATED AT 1 1 3 7 GUNTER STREET AND IS LOCALLY KNOWN AS LUPINE TERRACE APARTMENTS.

TONIGHT WE'LL BE ADDRESSING FIVE BUILDINGS CONSISTING OF FIVE INDIVIDUAL CASES.

THE CASE NUMBERS ARE AS FOLLOWS, CL 2 23 0 6 9 3 7, WHICH IS REGARDING THE EXTERIOR OF BUILDING NINE CL 20 23 6 9 3.

ONE IS REGARDING THE EXTERIOR OF BUILDING, BUILDING 14, EXCUSE ME, CL 20 23 0 6 9 3 1 2 IS REGARDING THE EXTERIOR OF BUILDING 15 C 20 23 6 9 3 8 IS REGARDING THE EXTERIOR OF BUILDING 16.

AND LASTLY, CL 20 23 0 6 9 3 2 IS REGARDING THE EXTERIOR OF BUILDING 17 STAFF.

EXHIBITS CAN BE FOUND IN THE RED ORANGE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS THIS COM.

THIS COMMERCIAL MULTIFAMILY PROPERTY CONSISTS OF 17 BUILDINGS AND 144 UNITS.

AS I MENTIONED BEFORE, WE ARE ADDRESSING FIVE INDIVIDUAL CASES REGARDING THE EXTERIOR OF FIVE OF THE BUILDINGS.

A PLAN REVIEW HAS BEEN INITIATED BY THE OWNER, AND CERTAIN PERMITS ARE STILL PENDING.

THE SUBSTANDARD STRUCTURES ARE CONSIDERED DANGEROUS WITH HAZARDOUS, HAZARDOUS CONDITIONS.

IN YOUR GOOGLE DRIVE FOLDER READERS, YOU'LL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES.

EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING, PROOF OF MAILING AND POSTINGS, AND A STRUCTURE MAP OF THE PROPERTY.

AND IT EVEN NUMBERED EXHIBITS TWO THROUGH 10, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES AND THE REQUIRED NOTICES OF VIOLATION AND PROOF OF MAILING ODD NUMBERED EXHIBITS THREE THROUGH 11 D, WHICH CONSIST OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS, AS WELL AS CODE'S RECOMMENDED ORDERS.

AUSTIN CODE INSPECTOR KEVIN BERRY, IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.

ALSO, BEFORE WE BEGIN, BEFORE WE BEGIN, I WANT TO NOTE THAT IT MAY TAKE MORE THAN FIVE MINUTES TO PRESENT ALL FIVE CASES.

THE OWNERS OR OWNERS REPRESENTATIVES WILL BE ALLOWED THE SAME AMOUNT OF TIME TO PRESENT AS STAFF INSPECTOR BERRY, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

I'M KEVIN BERRY AND I'M THE CODE OFFICER CURRENTLY ASSIGNED TO THESE CASES, AND I'VE BEEN SWORN IN THE MULTI-FAMILY PROPERTY I'M REPRESENTING TODAY FOR PRESENTING TODAY IS OWNED BY MASON MANOR APARTMENTS, L L C, AND THE REGISTERED AGENT IS PALOMINO APARTMENTS LP.

THE FOLLOWING PROPERTY BEING PRE PRESENTED IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN SINCE SEPTEMBER OF 2022.

I WILL BE PRESENTING EVIDENCE FOR FIVE CASES AT 1137 GUNTER STREET.

THE LUPINE TERRACE APARTMENTS,

[00:15:01]

BUILDINGS 9, 14, 15, 16, AND 17.

THESE CASES WERE INITIALLY GENERATED WHILE CONDUCTING ANNUAL INSPECTION DURING SEPTEMBER OF 2022.

AND THIS IS A TWO STORY COMPLEX THAT HAS HAD NUMEROUS VIOLATIONS.

LEGAL NOTICE HAS BEEN SENT, AND THE PROPERTY HAS BEEN POSTED ALONG WITH MULTIPLE FOLLOW-UP INSPECTIONS.

I HAVE BEEN IN CONTACT WITH THE RISK MANAGER, BEN ZELMANOVITZ, VIA EMAIL AND TEXT.

THE APARTMENT COMPLEX STILL REMAINS IN NEED OF REPAIR AT THIS TIME.

A FOLLOW-UP INSPECTION WAS CONDUCTED ON SEVEN 14 OF 23.

NO REPAIRS HAVE BEEN STARTED OR COMPLETED ON THE REAR STAIRS IN QUESTION.

I POSTED A YELLOW WARNING PLACARD ON 2 8 23 AND AGAIN ON 7 14 23 DUE TO THE PLACARD AND CAUTION TAPE BEING REMOVED BY UNKNOWN PERSONS.

I ALSO TAPED OFF THE AREAS WITH CAUTION TAPE ON SEVEN 14.

A PLAN REVIEW PERMIT WAS APPROVED ON JULY 20TH, 2023.

THERE ARE BUILDING PERMITS ON BUILDINGS 15 AND 16 PENDING THE REAR STAIRS, STILL POSE A HAZARD FOR THE RESIDENCE.

AT THIS TIME, I WILL BE PRESENTING PHOTOGRAPHS OF THE VIOLATIONS OBSERVED TO DATE.

THE FOLLOWING PHOTOGRAPHS DEPICT THE CONDITIONS FOUND FROM THE INITIAL INSPECTION IN SEPTEMBER OF 2022 TO PRESENT DAY.

NOW GO THROUGH THE PHOTOS.

EXHIBIT THREE A IS A CONTEXTUAL PHOTO OF THE SIGN GOING INTO THE COMPLEX.

THERE IS NO ADDRESS NUMBERS VISIBLE.

NEXT PHOTO PLEASE.

EXHIBIT THREE B IS ANOTHER CONTEXTUAL PHOTO SHOWING WHAT THE REAR STAIRS LOOK LIKE ON THE BUILDINGS, JUST TO GIVE YOU AN IDEA OF WHAT WE'RE LOOKING AT NEXT.

PHOTO EXHIBIT THREE C IS A SHOWS IT'S BUILDING NUMBER NINE THAT WE ARE GOING OVER FIRST.

NEXT PHOTO EXHIBIT THREE D SHOWS THE LANDING OF THE REAR PORCH JUST ABOVE THE STAIRWELL THERE, AND YOU CAN SEE THAT HAS DETERIORATION AND RUST.

NEXT PHOTO, EXHIBIT THREE E SHOWS THAT THE LIGHT ABOVE THAT DOOR DOES NOT HAVE THE APPROVED COVER ON IT.

NEXT PHOTO, EXHIBIT FIVE A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING 14.

NEXT PHOTO, EXHIBIT FIVE B IS A PICTURE OF THE STAIRS LEADING UP, UM, TO THE BACK OF BUILDING 14.

YOU CAN SEE THAT THE CONCRETE HAS PULLED UP FROM THE, UM, WHERE IT WAS FIRST ATTACHED AND THERE WAS SUPPOSED TO BE A PIECE OF METAL ACROSS THERE TO PROTECT IT.

NEXT PHOTO, EXHIBIT FIVE C IS THE OUTDOOR UTILITY CLOSET, AND YOU CAN SEE THE DETERIORATION TO THE BOTTOM OF THE DOOR.

NEXT PHOTO.

EXHIBIT FIVE D SHOWS THE BROKEN WINDOW THAT IS CLEARLY VISIBLE ABOVE THE NUMBER 14 ON THIS BUILDING.

NEXT PHOTO, EXHIBIT FIVE E SHOWS THE OUTDOOR FAUCET THAT DOES NOT HAVE THE VACUUM BREAKER HOSE BIB ATTACHED TO IT.

NEXT PHOTO EXHIBIT FIVE F SHOWS THAT THE LIGHT ABOVE THIS DOORWAY DOES NOT HAVE THE PROTECTIVE COVER ON IT.

NEXT PHOTO EXHIBIT SEVEN A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS GONNA BE BUILDING 15.

NEXT PHOTO.

EXHIBIT SEVEN B SHOWS A LANDING ABOVE THIS STAIRWAY AND YOU CAN SEE HOW IT IS DETERIORATED AND IS RUSTED THROUGH.

NEXT PHOTO, EXHIBIT SEVEN C SHOWS OUTDOOR FAUCET DOES NOT HAVE A VACUUM BREAKER HOSE BIB ATTACHED TO IT.

NEXT PHOTO EXHIBIT NINE A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING 16.

NEXT PHOTO, EXHIBIT NINE B SHOWS UNDER THE LANDING OF THE REAR PORCH.

YOU CAN SEE HOW ALL THE RUST IS, UH, THERE'S HOLES IN IT FROM ALL THE RUST.

NEXT PHOTO EXHIBIT NINE C IS A PICTURE OF A DIFFERENT SET OF STAIRWELLS ON THIS BUILDING, AND YOU CAN SEE THAT THE LANDING IS ALL RUSTED, UH, WHERE IT SHOULD BE, UH, STRUCTURALLY SOUND.

NEXT PHOTO EXHIBIT NINE B NINE D IS IT SHOWS THE OUTDOOR FAUCET WITHOUT THE REQUIRED VACUUM BREAKER HOSE BIB.

NEXT PHOTO EXHIBIT NINE E SHOWS THE DETERIORATION TO THE BOTTOM OF THE OUTDOOR UTILITY CLOSET.

NEXT PHOTO EXHIBIT NINE F SHOWS THE THRESHOLD, UH, BELOW THIS DOOR IS NOT PROPERLY INSTALLED AND THERE'S DETERIORATION.

NEXT PHOTO, EXHIBIT NINE G SHOWS THE OUTDOOR LIGHT ABOVE THIS DOORWAY DOES NOT HAVE THE REQUIRED PROTECTIVE COVER.

NEXT

[00:20:01]

PHOTO, EXHIBIT 11 A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS GONNA BE BUILDING 17.

NEXT PHOTO, EXHIBIT 11 B SHOWS THE UNDERSIDE OF THE LANDING TO THIS REAR STAIRWELL, AND YOU CAN SEE THE DETERIORATION AND THE RUST, UH, IN THE CORNERS.

NEXT PHOTO, EXHIBIT 11 C SHOWS OUTDOOR FAUCET WITHOUT THE REQUIRED VACUUM BREAKER HOSE BIB.

NEXT PHOTO EXHIBIT 11 D SHOWS THAT OUT THE UTILITY CLOSET AND THERE'S DETERIORATION ALONG THE BOTTOM OF IT.

NEXT PHOTO, BECAUSE OF, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE SUBSTANDARD STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED DANGEROUS WITH HAZARDOUS CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 11 D CONSISTING OF EXHIBIT ONE AND EVEN NUMBERED EXHIBITS TWO THROUGH 10, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS, ODD NUMBERED EXHIBITS MARKED AS EXHIBITS 11 THREE THROUGH 11 D, WHICH ARE PHOTOGRAPHS OF THE PROPERTY IN THE VIOLATIONS.

ALSO, CHAIR, BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST BECAUSE THE ORDERS ARE BASICALLY THE SAME.

PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING FIVE SEPARATE ORDERS FOR THIS PROPERTY.

OKAY.

UH, THANK YOU.

AT THIS TIME, I WILL ADMIT EXHIBITS ONE THROUGH 11 D AS REQUESTED, AND, UH, AND, UH, WITHOUT OBJECTION.

YEAH, WE CAN, UH, WE CAN DO THAT.

WE CAN HEAR, UH, WITH THE UNDERSTANDING THAT THERE ARE FIVE SEPARATE ORDERS.

SO, OKAY.

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

AND IN ALL FIVE CASES, ORDER THE OWNER COMPLETE THE FOLLOWING.

ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

TWO, PROVIDE A WRITTEN ENGINEERING REPORT TO THE COMMISSION'S COORDINATOR PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS.

THAT THROUGH AN ONSITE INSPECTION EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE STAIRS AND LANDINGS OF THE SUBJECT BUILDINGS.

THREE, REPAIR ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

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

AND WITH THAT, THAT THE CITY CONCLUDES ITS PRESENTATION.

OKAY.

UH, THANK YOU COORDINATOR.

UH, AND I UNDERSTAND WE HAVE, UH, REPRESENTATIVES FROM THE PROPERTY REGISTERED ON THIS, ON THIS, ON THESE CASES.

I BELIEVE WE DO.

AND, UH, CAN THEY COME FORWARD PLEASE? THEY'RE ATTENDING ONLINE.

OH, THE, OKAY, SO THOSE EXCLUSIVELY ONLINE? UM, I BELIEVE SO.

UM, OKAY.

I'LL TAKE ADVICE FROM STAFF ON HOW WE PRE PROCEED ON THAT.

IF YOU'LL REMIND ME.

WE JUST, I, I DON'T THINK I HAVE ANYBODY.

IS IS IT, WELL, IS MR. LOPEZ WITH THIS PROPERTY OR IF YOU LOOK AT THIS, UH, I'M SORRY.

THIS, UH, LIST THAT I GAVE YOU SHOULD HAVE A I SEE.

OH, OKAY.

OKAY, GOOD.

IT SHOULD HAVE, SHOULD HAVE PEOPLE THAT HAVE SIGNED UP TO SPEAK VIRTUALLY.

OKAY.

YEAH.

SORRY, THIS IS, UH, SO I SHOW, DO WE HAVE A, A SEAN BAKOWSKI ON THE LINE? UM, NO.

CURRENTLY WE HAVE, UH, MR. OH, OKAY.

OKAY.

VERY GOOD.

MR. ZELMANOVITZ, CAN YOU HEAR US OKAY? UM, WE HAVE ANOTHER SOMEBODY ELSE REGISTERED? YES.

UH, WOULD THAT BE THE OTHER ONE I HAVE ONLINE IS AARON .

AH, OKAY.

MR. KOSKI, CAN YOU HEAR US? AND IT LOOKS LIKE WE HAVE SOMEONE ELSE TRYING TO CALL ME, SO I'LL SEE WHO THAT IS.

THIS IS MR. ALRED.

WHAT ABOUT CARL ALRED? DO WE HAVE, HE'S TRYING TO GET ONLINE, RIGHT? HE'S, YOU KNOW, I THINK THAT'S, HE'S HIS CALL.

OKAY.

OKAY.

SO IT LOOKS LIKE, OW UNMUTE.

CAN YOU HEAR ME? YEAH.

IS THAT, UH, MR. ZELMANOVITZ? YES.

UH, I AM WAITING MISS OUR LAWYER,

[00:25:01]

AARON KY, UH, IS ALSO WAITING FOR, TO BE ALLOWED IN.

I JUST TOLD HIM TO PRESS STAR SIX TO SEE IF THAT WORKS FOR HIM.

OKAY.

AND MR. SEZ, DID YOU WANT TO, DO YOU HAVE ANY, ANY QUESTIONS FOR CITY STAFF OR DID YOU WANT TO BEGIN YOUR TESTIMONY, OR WOULD YOU PREFER THAT WE WAIT UNTIL MR. KOWSKI IS ABLE TO JOIN? UH, HE'S JOINING RIGHT NOW.

OKAY.

OKAY.

SO WE HAVE ON THE LINE, UH, ATTORNEY AARON KOWSKI AND THE, UH, PROPERTY REPRESENTATIVE BEN ZELMANOVITZ.

UM, AND, UH, I WAS GOING TO SAY YOU HAVE FIVE MINUTES, BUT I THINK YOU HAVE AS MUCH TIME AS THE CITY HAD, AND I, I WASN'T, UH, TRACKING THAT.

SO WE HAVE A TIMEKEEPER READY TO BEGIN.

OKAY.

SO WE WE'RE READY TO BEGIN.

WHEN, WHEN, WHEN YOU ARE, IF YOU WANT TO GO AHEAD, MR. KOVSKI, AND, AND YEAH, YOU CAN, YOU CAN GO AHEAD.

MM-HMM.

, MR. GONSKI SAID THAT HE'S NOT BEING ALLOWED IN TO UNMUTE.

OKAY.

BEAR, BEAR WITH US TO THE OTHER ONE.

NEXT ONE.

I CAN ASK CHAIR, CHAIR, SINCE WE'RE WAITING FOR PEOPLE TO GET ONLINE.

DO YOU WANNA TABLE THIS, UM, THIS HEARING GET MOVED TO THE NEXT ONE.

OH, I THINK I JUST HEARD THAT MIGHT BE, UH, THE PERSON.

HI.

HELLO? YES, IS THIS, IS THIS MR. KOWSKI? THIS IS MR. KOWSKI.

YEAH.

SORRY.

I WAS HAVING ISSUES WITH, WITH GETTING CONNECTED.

IT WASN'T GIVING ME ANY, UH, OKAY.

ANY AUDIO.

SORRY.

OKAY.

BUT IT SOUNDS LIKE WE HAVE YOU NOW, WERE YOU PREVIOUSLY SWORN IN FOR YOUR TESTIMONY THIS EVENING? I, I HAVEN'T HAD ANY, ANYBODY CHECK ME IN.

I I SAT ON HOLD FOR LIKE 45 MINUTES WITHOUT ANY SOUND, SO, OKAY.

I THINK I SHOULD, UH, I THINK I SHOULD GO AHEAD AND, AND, AND DO THAT IF YOU WOULDN'T MIND.

UM, UM, SO WE GENERAL, WE GENERALLY SWEAR IN PEOPLE WHO ARE OFFERING TESTIMONY AT THE BEGINNING OF THE, OF THE MEETING.

UH, SO IF I COULD JUST ASK YOU TO, UH, STAND AND RAISE YOUR RIGHT HAND, UH, SO THAT YOU CAN BE SWORN IN AND, UH, UH, I'LL GIVE YOU THE OATH AS FOLLOWS.

UH, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.

I DO.

OKAY, VERY GOOD.

YOU MAY PROCEED.

ALL RIGHT.

THANK YOU.

UM, SO THE OWNER OF MASONS MANOR APARTMENT L L C, OPERATES A MULTI-FAMILY RESIDENTIAL PROPERTY LOOKING AT 1 1 3 7 GUNTER STREET, AUSTIN, TEXAS 7 8 2 7 8 7 2 1, UH, THE BUILDING AND RECEIVE TAX CREDIT LEASING TO, TO, UH, UM, TO, UH, LOW INCOME INDIVIDUAL.

THE PROPERTY IS LOCATED THROUGH THE INTERSECTION OF SPRINGDALE ROAD AND AIRPORT.

UM, THE CLIENT, THE OWNERS HAVE BEEN RESPONSIVE TO PRETTY MUCH ANY, UH, BUILDING CODE REQUEST EXCEPT FOR THIS ONE.

THIS ONE IS A, IS A SPECIAL CIRCUMSTANCE WHERE IT SLIPPED THROUGH THE CRACKS DUE

[00:30:01]

TO A COUPLE OF WEIRD CIRCUMSTANCES.

AND SO WE'RE ASKING FOR A LITTLE BIT OF LENIENCY ON THIS ONE.

UM, AT ALL TIMES PRIOR TO THE CURRENT ISSUES ARISING, THE OWNERS HAVE BEEN DILIGENT ABOUT MAKING ANY REPAIRS REQUIREMENTS.

CITY AUSTIN GENERALLY HAS MADE THOSE REPAIRS WITHIN TWO WEEKS OF PROCEEDING VIOLATION.

THE OWNER WAS SENT A NOTICE FOR THE VIOLATION, THIS VIOLATION BACK IN SEPTEMBER, 2022.

THE INTERNAL PROCESS OF THE OWNER FOR, FOR DEALING WITH THESE THINGS IS TO HAVE THE CODE VIOLATIONS GOING.

THE CODE VIOLATIONS ARE ACCEPTED BY THE MAIL ROOM.

THEY ARE THEN FORWARDED TO THE REGIONAL MANAGER AND THE SITE MANAGER FOR THEM TO WORK WITH THE CITY OF AUSTIN TO BE ABLE TO DEAL WITH THESE ISSUES.

AT THE BEGINNING OF OCTOBER 22, THE REGIONAL MANAGERS, UH, CHANGED AND SO THE NEW MANAGER OVERSEEING THE PROPERTY, UH, BEN DEL IS ON THE PHONE WITH US, BUT HE WAS ASSIGNED TO THE NEW PROP REGIONAL PROPERTY MANAGER.

AND ADDITIONALLY, THE PROPERTY HAD GONE THROUGH THREE DIFFERENT SITE MANAGERS SINCE SEPTEMBER, 2022.

ACCORDING TO THE OWNER, UH, ACCORDINGLY, THE OWNER WAS UNSURE HOW THE VIOLATION WAS MISSED, BUT NEITHER MR. ZELMANOVITZ NOR THE SITE MANAGERS WERE AWARE OF THE VIOLATIONS BECAUSE IT WAS NEVER FORWARDED BY THE PRIOR REGIONAL MANAGER.

AND MR. ZELMANOVITZ WAS NEVER MADE AWARE OF THE ISSUES.

SO IT WAS JUST ONE OF THOSE BREAKDOWNS IN COMMUNICATIONS THAT OCCASIONALLY HAPPEN WHEN, WHEN YOU HAVE A LOT OF PEOPLE WORKING IN CONJUNCTION.

SINCE THE RECEIVING THE INITIAL NOTICE, THE OWNERS HAVE HAD TWO MAJOR GAS LEAKS AT THE PROPERTY.

UH, FIRST AN INDIVIDUAL STOLE A CAR AND DROVE IT INTO THE MAIN GAS HEATER AT THE PROPERTY.

THIS CAUSED THE GAS TO BE TURNED OFF INTO PROPERTY FOR ROUGHLY TWO WEEKS.

DURING THAT TIME, THE OWNERS BROUGHT IN PORTABLE BATHROOMS AND SHOWERS TO PROVIDE THE RESIDENTS WITH HYGIENE EQUIPMENT THAT AT THAT WAS NEEDED.

ADDITIONALLY, THE OWNERSHIP AND MEALS FOR THE RESIDENTS, BECAUSE THEY WERE NOT ABLE TO USE THE WATER OR COOKING FACILITIES AT THE APARTMENT AFTER THE ISSUE WAS RESOLVED, ANOTHER GAS LEAK OCCURRED AT SOME POINT IMMEDIATELY BEFORE APRIL 3RD, 2023.

THIS GLASS GAS LEAK WAS CAUSED BY A NEGLIGENT CONTRACTOR DRIVING A TEMPORARY NEEDED FOR THE CONSTRUCTION OF THE NEXT NEEDED FOR A FENCE FOR THE THE PROPERTY NEXT DOOR THROUGH THE OWNER'S GAS LINE.

THIS CAUSED THE PROPERTY TO LOSE GAS SURFACE AGAIN FOR, FOR ANOTHER FEW DAYS IS, AND ON APRIL 3RD, 2023, MOSHE EICHLER, PRESIDENT OF THE, UH, PRESIDENT OF THE, THE OWNERSHIP COMPANY, FLEW DOWN TO AUSTIN TO ASSIST THE GAS LINE WITH THE GAS LINE ISSUES AND MEET THE CITY OF AUSTIN BUILDING INSPECTOR.

DURING THE MEETING, MR. EICHLER AND MR. DELMAN TOWARD THE PROPERTY AND REVIEWED THE PROPERTY WITH THE CITY OF AUSTIN.

DURING THE TOUR, MR. EICHLER AND MR. ZELMANOVITZ POINTED OUT HES, THEY HAD PLANNED TO REPAIR OR WERE BEING REPAIRED, BUT THEY HAD NO KNOWLEDGE OF THE, THE NOTICE AT THAT, THE, THE VIOLATIONS AT THAT TIME, BECAUSE THEY WERE STILL IN THAT, IN, LOST IN THAT LIMBO THAT, THAT WE HAD BEEN DEALING WITH.

BUT DURING THE TOUR, THE INSPECTOR NEVER MENTIONED THE OUTSTANDING CODE VIOLATIONS.

SO THEY'D HAD NO IDEA THAT THEY WERE, THEY WERE OUT THERE INSTEAD WHEN THE INSPECTOR WAS SHOWING THEM AROUND.

AND THE METAL PORCHES THAT, UH, ARE, ARE SUBJECT OF THIS, THIS INQUIRY WERE BROUGHT UP, UH, THEY, THE OWNERSHIP GROUP HAD ALREADY STARTED DOING SOME REPAIRS ON THOSE PORCHES, BUT THEY DIDN'T THINK THEY NEEDED TO PULL PERMITS BECAUSE IT WAS JUST REPAIRS.

BUT THE, THE INSPECTOR INFORMED ME THAT THEY NEEDED TO PULL PERMITS.

UM, SO ACCORDINGLY, THE OWNER'S HIRED A NEW, THEY HAD HAD A PREVIOUS CONTRACTOR, BUT THAT CONTRACTOR WASN'T, UH, CAPABLE OF PULLING PERMITS.

THEY WERE NOT AT THAT SKILL LEVEL, AND THEY DIDN'T HAVE THE ENGINEERING CHOPS TO BE ABLE TO DEAL WITH THAT.

SO THE OWNERS HIRED A NEW CONTRACTOR, UM, THAT WAS, WAS MORE WELL-VERSED IN THIS, IN THIS AREA.

AS SUCH, ON APRIL 6TH, 2023, OWNERSHIP HIRED A NEW CONTRACTOR, ELITE STAIRCASE TO COME IN AND REPAIR THE PORCHES.

SO ONLY A COUPLE DAYS AFTER MEETING WITH CODE.

AND AT THIS POINT, THEY STILL DIDN'T KNOW ABOUT THE, THE VIOLATIONS BECAUSE THEY HAD FALLEN THROUGH THE CRACKS.

SINCE THEN, THE CONTRACTORS ADVISED THE OWNERS ONLY TO APPLY FOR TWO OF THE FIVE PERMITS, AS ALL OF THE PORCHES REQUIRE THE SAME WORK.

SO THE CONTRACTOR COULD GO THROUGH THE PERMITTING PROCESS FASTER.

ON THE LAST THREE, AFTER WORKING OUT ALL THE KINKS ON THE FIRST TWO WITH, WITH THE CITY OF AUSTIN PERMITTING DEPARTMENT, UH, AS SUCH, THE OWNERSHIP WORKING WITH THEIR CONTRACTOR WHO WAS LOCAL AND KNEW, KNOWS THE, THE DIFFICULTIES OF SOMETIMES GETTING A PERMIT IN AUSTIN, THE OWNERSHIP APPROVED THE TWO PERMIT STRATEGIES SINCE ORIGINALLY APPLYING FOR THE PERMITTING, THE CITY OF AUSTIN HAS APPROVED ONE OF THE PERMITS, AND THE OTHER IS STILL BEING REVIEWED.

ADDITIONALLY, TO ENSURE THAT THE PORCHES ARE STRUCTURALLY SECURE.

DURING THIS, THIS PERIOD, OWNERSHIP HAD ITS MAINTENANCE STAFF, WELL, ADDITIONAL SUPPORT TO THE PORCHES TO ENSURE THE SAFETY WHILE WAITING FOR THE PERMITTING TO BE APPROVED.

BEING THAT ONE OF THE PERMITS HAS BEEN APPROVED, OWNERSHIP HAS APPLIED FOR THE OTHER THREE PERMITS TODAY.

AS FOR ANY OTHER VIOLATIONS THAT MAY BE ADDRESSED IN THIS HEARING, OWNERSHIP ONLY LEARNED OF THE VIOLATIONS.

AND THIS HEARING IN THE LAST FEW DAYS, THEY PROBABLY GOT NOTICE OF IT ABOUT TWO WEEKS AGO OR A WEEK AGO AT MOST, I THINK.

BUT, UH, ONCE, ONCE HEARING OF THE VIOLATIONS WHICH WERE DUE, UH, TO THE TURNOVER OF THE STAFF.

UM, AND THE SITE MANAGER ACTUALLY LEFT AFTER THE, UH, THE SECOND GAS INCIDENT.

SO THERE WAS

[00:35:01]

A NOTICE THAT WAS RECEIVED RIGHT AROUND THEN, IT WAS FORWARDED TO THE MANAGER, AND THE MANAGER QUIT ALMOST IMMEDIATELY AFTER RECEIVING THE NOTICE.

SO AGAIN, IT JUST FELL THROUGH THE CRACKS AND IT DUE TO, DUE TO THE, THE TURNOVER THAT WAS GOING ON AT THE PROPERTY.

UM, SO ONCE, ONCE THEY LEARNED OF ALL THE, PER THE, THE, THE ISSUES, THEY PULLED ALL OF THEIR MAINTENANCE TEAMS FROM OTHER PROPERTIES IN TEXAS AND HAD THEM COME OVER TO THE PROPERTY.

AND WE SHOULD HAVE A SITE INSPECTION TOMORROW REGARDING THOSE REPAIRS.

AND 99% OF THEM SHOULD BE DONE EXCEPT FOR THE PORCHES, WHICH ARE STILL IN PERMITTING.

AND I BELIEVE THAT THERE'S SOME UTILITY, UM, SOME, UM, APPLIANCES THAT ARE BACKORDER THAT THEY'RE WAITING TO, TO HAVE DELIVERED.

SO AS, AS SUCH, THE, THE OWNERSHIP IS REQUESTING THAT THE PANEL PROVIDE AN ADDITIONAL 90 DAYS FOR THE OWNERSHIP TO FINISH THE RENOVATIONS ON THIS PROPERTY.

UM, IF YOU LOOK AT THE EVIDENCE, THE EVIDENCE THAT WE SUBMITTED TO THIS HEARING EXHIBIT A IS THE CONTRACT WITH THE, UM, THE, THE STAIRCASE ELITE CONTRACTOR THAT WE BROUGHT IN.

UM, EXHIBIT D IS, UH, A PAYMENT TO THE CONTRACTOR FOR, FOR THAT, FOR THOSE REPAIRS.

UM, EXHIBIT E, SORRY, EXHIBIT B IS THE PERMIT THAT HAS BEEN APPROVED.

UH, EXHIBIT C IS A PHOTO OF THE, THE PERMITS THAT ARE CURRENTLY IN PROCESSING.

AND EXHIBIT E IS, UH, CONFIRMATION THAT THE OTHER THREE PERMITS HAVE BEEN SUBMITTED TODAY BY, BY THE, THE CONTRACTOR.

SO, UH, YOU KNOW, WE UNDERSTAND THAT, YOU KNOW, IT'S, IT'S A SITUATION WHERE WE ARE OUT OF COMPLIANCE, BUT AT THE SAME POINT, IT, IT'S NOT BECAUSE OF WEALTH AND NEGLECT OR, UH, YOU KNOW, JUST WEALTH OF DISREGARD OF, OF THE RULES.

IT IS MERELY A MATTER OF, YOU KNOW, A SERIES OF UNFORTUNATE COINCIDENCES THAT OCCURRED ALL AT THE SAME TIME THAT CREATED A KIND OF PERFECT STORM THAT ALLOWED FOR THIS, FOR THIS, UH, INCIDENT TO, TO LINGER ON AS LONG AS IT HAS.

AND SO THAT IF, IF YOU HAVE ANY QUESTIONS OF ME OR, UH, OR BEN WHO, WHO'S THE, THE REPRESENTATIVE THAT'S HERE WITH ME, UM, WE'LL BE HAPPY TO ANSWER ANYTHING THAT YOU MAY HAVE.

OKAY.

UM, THANK YOU VERY MUCH, MR. GANOWSKI.

UM, SO AM I CORRECT THEN THAT, UM, MR. OWS, UH, IS JUST AVAILABLE FOR QUESTIONS BUT ISN'T, DOESN'T WISH TO MAKE A STATEMENT OTHERWISE, IS THAT CORRECT? RIGHT.

THE THE STATEMENT THAT I'VE PROVIDED IS THE STATEMENT FOR THE OWNERSHIP.

VERY GOOD.

OKAY.

THANK YOU.

WELL THEN WITH THAT, I'LL TURN IT OVER TO MY, UH, FELLOW COMMISSIONERS HERE.

DOES ANYBODY HAVE QUESTIONS FOR, UH, CODE OR FOR THE PROPERTY REPRESENTATIVE? I'VE GOT A FEW, COUPLE QUESTIONS.

OKAY.

UH, MR. CHAIR, COMMISSIONER, UH, ASTA LUCA, YOU'RE RECOGNIZED.

THANK YOU, CHAIR.

UM, THANK YOU FOR YOUR WORKING WITH THIS INSPECTOR RIE.

UM, I WOULD SAY THE FOREMOST QUESTION MIGHT, WERE YOU ABLE TO INVESTIGATE THE INSIDE OF ANY OF THE APARTMENT TO DETERMINE WHAT THE SITUATION IS LIKE IN THEM? OR WERE YOU ONLY ABLE TO INVESTIGATE THE CODE VIOLATIONS ON THE EXTERNAL FACING PROPERTY? UH, DURING OUR PERIODIC INSPECTION, WE ONLY DEAL WITH THE OUTSIDE OF THE BUILDING.

I WOULD ONLY GO ON THE INSIDE IF SOMEBODY WOULD CALL 3 1 1 AND MAKE A COMPLAINT ABOUT SOMETHING ON THE INSIDE.

ALRIGHT, THANK YOU.

AND, UH, FOR THE PROPERTY OWNERS, I JUST WANTED TO VERIFY.

SO DO THE, UM, TENANTS CURRENTLY LIVING IN THE PROPERTY, DO THEY HAVE GAS AT THE MOMENT? IT SEEMS THEY HAVE LIKE A RECURRENT, YEAH.

SO YOU CURRENTLY HAVE GAS.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS, MR. HERE? OH, UH, COMMISSIONER, COMMISSIONER FRANCIS FOR THE COMPANY'S REPRESENTATIVE, UH, I'M LOOKING THROUGH YOUR MATERIAL AND ON THE PRICING ON HERE, YOU HAVE COST FOR REPLACING FIVE STAIRCASES AND THEN COST FOR REPLACING FIVE STAIRCASES.

SO IS THIS, ARE WE TALKING YOU'RE REPLACING 10 TOTAL STAIRCASES? SO THE CONTRACT IS FOR, UH, IT'S GONNA BE FOR MORE 'CAUSE WE DID NOT, UH, INCLUDE THE OTHER THREE BUILDINGS, BUT THE, IT, THE, THE TOTAL RIGHT NOW IS FOR 15 AND 16 AND NINE, 14 AND 17 WILL BE, UH, ADDED TO THEM.

SO THE, YEAH, SO THE PERMIT IN THERE FOR 15 AND 16.

SO THE STAIRCASES ON THE OTHER BUILDINGS ARE NOT PART OF WHAT YOU'RE PROPOSING? I'M SORRY, SAY THAT AGAIN.

IT'S PART OF WHAT THEY'RE, IT'S WHAT THEY, THEY'RE PROPOSING IT, THEY, THEY'RE GONNA DO ALL FIVE STAIRCASES.

THEY HAVE, SO IF YOU LOOK AT THE EXHIBITS, UH, I BELIEVE IT'S E THAT IS THE CONFIRMATION THAT THE OTHER THREE PERMITS FOR THOSE OTHER BUILDINGS HAVE BEEN SUBMITTED TODAY.

THAT'S PART OF THAT TWO AND THREE ADVISED

[00:40:01]

PLAN BY THE, BY THE CONTRACTOR THAT HAD ADVISED THEM TO SUBMIT, TO WORK OUT THE KINKS ON THE PERMITTING PROCESS OF THE CITY OF AUSTIN.

AND THEN JUST SUBMIT, BECAUSE THEY'RE ALL THE SAME, JUST RESUBMIT THE ONE THAT GETS THROUGH AND THEN IT SHOULD STREAMLINE THE PROCESS.

THAT WAS THEIR ADVICE TO THE, THE CLIENT.

THANK YOU.

UH, INSPECTOR BERRY, IS THAT, DID YOU GUYS CHECK TO SEE THAT PERMITS ARE PULLED? UH, I, I DID CHECK.

THEY HAVE THE, UH, SITE PLAN THAT GOT APPROVED AND THEY'RE WAITING ON THE APPROVAL OF THE BUILDING PERMITS FOR 15 AND 16, I BELIEVE IT IS.

YOU FEEL LIKE THEY'RE MOVING IN THAT DIRECTION? UH, THEY'RE MAKING PROGRESS.

OKAY.

THANK YOU.

THANK YOU COMMISSIONER.

UH, COMMISSIONER BENINGO, UH, MY QUESTIONS FOR THE PROPERTY REPRESENTATIVE, WHAT, UM, TIMEFRAME ARE YOU HOPING, UM, TO GET THIS DONE IN AND, AND REALISTICALLY, WHEN DO YOU EXPECT IT TO BE COMPLETED? IT, IT IS A TOP PRIOR, UNLESS YOU WANT TO ANSWER THIS, BEN, I'LL, I'LL ANSWER FOR IT.

THE, THE OBJECTIVE IS TO GET IT DONE AS QUICKLY AS POSSIBLE.

OBVIOUSLY, YOU KNOW, PERMITTING AND EVERYTHING TAKES TIME.

YOU KNOW, UM, DUE TO THE, DUE TO THE TWO BATCH STRATEGIES THAT WE HAVE, WE ARE, YOU KNOW, JUST ENTERING THE PERMITTING PROCESS ON THREE OF THEM, TWO OF THEM, UH, ONE IS FULLY IN REVIEW, ONE HAS BEEN APPROVED.

AND SO, UM, YOU KNOW, IT, WE'RE AT THE MERCY OF THE CITY OF AUSTIN ON THE PERMITTING SIDE.

SO, YOU KNOW, REALISTICALLY IT COULD BE ANYWHERE FROM 45 TO 90 DAYS.

OKAY.

I'M, I'M ASKING SPECIFICALLY BECAUSE WE CAN AMEND THE RECOMMENDED ORDER, AND I'M, SO 90 DAYS OKAY.

IS, YOU KNOW, 90 DAYS, 90 WE'RE LIMITED ON WHAT WE CAN AND CAN'T DO, AND WE CAN CHANGE THE RIGHT FINE, AND WE CAN CHANGE THE PERIOD OF TIME BEFORE THE FINES KICK IN.

AND THAT'S ESSENTIALLY, UM, THE SCOPE OF WHAT WE CAN ADJUST.

SO I BASICALLY JUST WANNA WONDERING RIGHT.

CAN I, WHAT SPECIFICALLY YOU'RE REQUESTING? UH, THE, WHAT WE WOULD'VE MEANT, UH, 90 DAYS FROM 45 TO 90, JUST TO MAKE SURE THAT WE GET THE PERMITTING DONE.

OKAY.

THANK YOU.

THANK YOU COMMISSIONER.

UH, COMMISSIONER CAMPBELL, UH, I'D JUST LIKE THE DIRECTOR QUESTION TOWARDS THE PROPERTY OWNER AND THE REPRESENTATIVE.

UM, I UNDERSTAND THAT YOU HAVE, UH, THIS CONTRACT NEGOTIATED FOR THE STAIRS AND THE PATIOS.

UM, I AM JUST CURIOUS IF YOU HAVE SIMILAR CONTRACTS OR WORK FOR SOME OF THE OTHER ISSUES THAT WERE CITED, SUCH AS BROKEN WINDOW, UM, SOME OF THESE FAUCETS THAT AREN'T PROPER, UM, THE LIGHTS THAT DON'T HAVE THE PROPER COVERING.

I WAS JUST WONDERING WHAT, WHAT Y'ALL HAVE DONE TOWARDS THAT.

SURE.

UH, BEN COULD TALK MORE TO THE SPECIFICS ON THAT, BUT WHEN, WHEN WE FOUND OUT ABOUT THE HEARING AND FOUND OUT ABOUT THE NOTICES OF VIOLATIONS, UH, WHATEVER IT WAS LIKE A WEEK AGO WHEN WE RECEIVED IT, UH, WE HAD ALL OF OUR MAINTENANCE TEAMS COME IN.

AND THAT'S WHAT I WAS TALKING ABOUT EARLIER WHEN I SAID THAT THE OTHER MAINTENANCE SQUADS FROM AROUND TEXAS HAD COME IN.

SO WE'VE HAD OTHER, UH, YOU KNOW, REPAIR PEOPLE COMING IN AND, AND DEALING WITH THOSE ISSUES.

AND IF, IF YOU NEED SPECIFICS, I, I BELIEVE BEN CAN PROVIDE THEM FOR YOU.

ALL RIGHT, THANK YOU.

YES, .

THANK YOU COMMISSIONER.

UH, COMMISSIONER SEIG.

I'M NOT SURE, DID WE, DID YOU HAVE A HAND UP AT, AT ONE POINT OR NO.

OKAY.

UM, DO YOU HAVE ANY OTHER QUESTIONS FOR THE CITY OR FOR THE PROPERTY OWNERS? REPRESENTATIVES FROM COMMISSIONERS? SARAH, DO YOU HAVE ONE QUICK QUESTION? SURE, SURE.

SO, UH, COMMISSIONER OTA LUGO.

YEAH, I GUESS MY FINAL QUESTION WOULD BE FOR THE PROPERTY OWNERS.

SO, UM, YOU MENTIONED THAT YOU WERE ON TOP OF, AND YOU HAVE, UM, YOUR PLANS ARE NOT COMPREHENSIVE, BUT DO SHOW ASSIGNED TOWARDS THE RIGHT DIRECTION.

I GUESS MY CONCERNS CURRENTLY ARE WHAT HAPPENS IF THE, UH, SITE MANAGER BEN LEAVES, UM, HE SEEMS TO HAVE ORGANIZATIONAL PROBLEMS WITH SORT OF FOLLOWING THROUGH OR ANY SORT OF STRUCTURE, I GUESS WHAT GIVES YOU MORE CONFIDENCE THAT, THAT IT'LL ACTUALLY BE DONE NOW INSTEAD OF, YOU KNOW, BACK IN SEPTEMBER? SURE, AND I, AND I THINK THAT, UM, MA MAINLY THE ISSUES THAT WE HAD WERE JUST THE TIMING OF WHEN THE NOTICES CAME IN WERE THE EXACT SAME MOMENT WHEN WE WERE HAVING TURNOVER.

BUT NOW THIS, YOU KNOW, WHEN NORMALLY THE PROCESS FOR WHEN, WHEN THE OWNER GETS SOMETHING IS TO ADDRESS IT RIGHT AWAY, AND THEY'VE SHOWN THAT THROUGH THEIR ACTIONS PREVIOUSLY.

THE, THIS IS THE, TO MY KNOWLEDGE, THIS IS THE ONLY TIME THAT WE'VE, WE'VE SLIPPED THROUGH THE CRACKS ON, ON SOMETHING LIKE THIS, AND IT'S, IT'S BEEN A REPEAT VIOLATION THAT JUST LINGERED.

AND, YOU KNOW, BEN IS IN PLACE THAT, YOU KNOW, OWNERSHIP IS COMPLETELY AWARE, YOU KNOW, UH, HIGHER UP OWNERSHIP IS COMPLETELY AWARE OF EVERYTHING THAT'S GOING ON.

AND IT'S, THEY'RE, THEY'VE GOT, IT'S GOT THEIR FULL ATTENTION AS OF NOW BECAUSE THEY JUST REALIZED THAT THIS WAS, THIS WAS OUT THERE AND, AND FUSSING PROBLEMS. SO THEY, THEY'RE PUTTING ALL OF THEIR ATTENTION AND ALL THEIR WEIGHT TO BE ABLE TO GET THIS DONE.

AND IF WE HAD HAD, IF WE HAD KNOWN ABOUT THIS EARLIER, UH, YOU KNOW, I WAS ONLY HIRED THIS MORNING TO COME IN AND, AND DEAL WITH THIS FOR, FOR, UM, FOR

[00:45:01]

THE OWNERS.

BUT IF WE HAD HAD MORE TIME EARLIER, WE WOULD'VE HAD A, A, A DIRECT ACTION PLAN THAT WOULD'VE BEEN PRESENTED TO YOU GUYS TODAY.

BUT WE, WE HAVEN'T HAD THE TIME TO PREPARE ALL JUST BECAUSE OF A LATE NOTICE OF THE THANK YOU.

AND, UM, A QUESTION FOR INSPECTOR BARRY REPORTING THE CITY BEST ADDRESS, I'M AWARE THAT THIS PROPERTY IS, UH, UNDER THE REPEAT OFFENDER PROGRAM.

WAS THIS UNDER PRESENCES OWNERSHIP OR WAS THIS SOME SORT OF PREVIOUS OWNERSHIP THAT THE CURRENT OWNER BOUGHT INTO? IT IS MY UNDERSTANDING IN LOOKING AT THE, THE TRAVIS COUNTY APPRAISAL DISTRICT THAT THEY HAVE OWNED THE PROPERTY THE ENTIRE TIME IT'S BEEN ON THE REPEAT OFFENDER PROGRAM.

SO THIS IS SORT OF, UH, CAN YOU TELL ME A BIT MORE ABOUT WHAT THEIR PREVIOUS HISTORY, UH, ON THE REPEAT OFFENDER PROGRAM WAS LIKE? THEY ONLY STARTED IN SEPTEMBER OF 2022.

I CAME ON IN DECEMBER, SO I CAN ONLY SAY WHAT I HAVE DONE AND WHAT I'VE NOTICED.

OKAY.

BUT, UH, THEIR TIME IN THE REPEAT OFFENDER PROGRAM HAS BEEN FOR LONGER THAN JUST SEPTEMBER.

IT'S BEEN FOR SEVERAL YEARS.

NO, IT STARTED IN SEPTEMBER OF 2022.

OKAY.

THANK YOU.

ALRIGHT, UH, THANK YOU COMMISSIONER.

AND THEN, UM, I JUST HAVE TWO, UH, QUICK QUESTIONS OF MY OWN.

SO THE FIRST, UH, MR. GANOWSKI, UH, THIS IS, UH, UH, COMMISSIONER STOT, TIM STOAT.

I'M MY QUESTION IF I UNDERSTOOD, IN YOUR EARLIER COLLOQUY WITH COMMISSIONER BENIGNO, YOU INDICATED THAT, THAT YOUR, I GUESS WHAT I WOULD CALL YOUR, YOUR REQUEST OF US WOULD BE TO MODIFY THE COMPLIANCE PERIOD FROM 45 TO 90 DAYS.

IS IS THAT, AM I HEARING CORRECTLY THAT THAT'S REALLY THE ONLY MODIFICATION YOU SEEK TO THE RECOMMENDED ORDER THIS EVENING? I, I, I DIDN'T HEAR ALL OF THE TERMS OF THE RECOMMENDED ORDER.

IF YOU DON'T MIND JUST STATING THEM REAL QUICK SO I CAN, UH, YEAH, SURE.

I'LL, I'LL, I'LL DO MY BEST.

UH, YOU, THE ORDER CONSISTS OF FIVE PARTS.

OBTAIN AND FINALIZE NECESSARY PERMITS, PROVIDE A WRITTEN ENGINEERING REPORT TO THE COMMISSIONER'S COORDINATOR, PARDON ME, THE COMMISSION'S COORDINATOR PREPARED BY, UH, AN ENGINEER, LICENSED ENGINEER.

I'M ABBREVIATING THESE SLIGHTLY.

THE ONE I WAS ASKING ABOUT IN PARTICULAR IS WE ORDINARILY GIVE YOU 45 DAYS FROM THE DATE THE ORDER IS MAILED WITH, UH, PENALTIES OF A THOUSAND DOLLARS PER WEEK TO BEGIN TO ACCRUE ON THE 46TH DAY.

UM, AND THEN ALSO THE, UH, IT HAS TO BE IN INSPECTED.

SO YOU WOULD'VE TO REQUEST, UH, INSPECTION FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES.

AND, UH, EARLIER IN, IN YOUR, UH, EXCHANGE WITH COMMISSIONER BENIGNO, IT SOUNDED AS THOUGH, UH, AN EXTENSION OF THE TIME FOR COMPLIANCE FROM 45 TO 90 DAYS WOULD BE SATISFACTORY TO YOU.

AND I JUST, I WANT TO BE CLEAR ABOUT WHAT YOU'RE ASKING OF US THIS EVENING.

IS THAT THE ONLY, UH, MODIFICATION TO THE ORDER AND AND FORGIVE ME BEFORE YOU RESPOND, I, I I SHOULD MENTION THAT WE UNDERSTAND THAT, THAT OBTAINING AND FINALIZING PERMITS, UH, THAT THAT MAY INVOLVE, UH, FACTORS THAT ARE BEYOND YOUR IMMEDIATE CONTROL, BUT SETTING THAT, BRACKETING THAT ISSUE, SETTING THAT ASIDE, ARE YOU JUST ASKING FOR 90 DAYS INSTEAD OF 45? IS THAT WHAT, WHAT YOU'RE ASKING THE COMMISSION FOR? UH, YEAH, I, I, I THINK THAT THAT, AND I, I'M NOT EXACTLY SURE WHAT THE ENGINEERING PORTION, THE, YOU KIND OF BROKE UP, BUT THE ENGINEER PORTION THAT THEY'RE, THEY'RE REQUESTING.

BUT IF IT'S, IT'S A FULL STRUCTURAL ENGINEERING OF THE ALL THE BUILDINGS, I, I THINK THAT MIGHT BE OVERKILL.

BUT IF WE'RE JUST TALKING ABOUT THE PORCHES THAT WE HAVE NO PROBLEM COMPLYING WITH THAT, THAT IS, THAT'S NOT GONNA BE AN ISSUE.

OKAY.

THANK YOU.

AND THEN I HAVE ONE FINAL QUESTION, UH, FOR MR. BERRY, AND THAT IS, UM, DO YOU HAVE ANY, ANY REASON WHY YOU FEEL PARTICULARLY STRONGLY ABOUT THE 45 DAYS IN THIS CASE? IN OTHER WORDS, IS THERE, IS THERE A REASON WHY 90 DAYS WOULD, WOULD STRIKE YOU AS GRATUITOUS OR YOU WOULD WANT TO ARGUE AGAINST THAT? NO, AS LONG AS THEY CAN KEEP THE RESIDENTS OFF OF THEM AND THEY'RE MAKING EFFORTS TO FIX THEM, I AM OKAY WITH THE 90 DAYS.

OKAY.

THANK YOU.

UH, THOSE ARE ALL MY QUESTIONS.

UM, IN, I I MOVE TO CLOSE THE PERIOD OF QUESTION ANSWERED.

OKAY.

WE HAVE A MOTION FROM COMMISSIONER BAKER, I SECOND.

OKAY.

CHAIR, IF YOU DON'T MIND.

I HAVE ONE POINT OF CLARITY.

OKAY.

WE'LL TABLE THAT FOR ONE MOMENT.

GO AHEAD.

UH, JUST TO FOLLOW UP ON THE COMMISSIONER'S EARLIER QUESTION, BASED ON THE APPRAISAL DISTRICT RECORDS, UH, CURRENT OWNERSHIP HAS BEEN IN PLACE SINCE JANUARY 30TH, UH, 2014.

OKAY.

THANK YOU, SIR.

AND JUST, OKAY.

THANK YOU.

SO WE HAD A, A MOTION TO CLOSE AND I BELIEVE IT WAS SECONDED.

UH, I'LL SECOND.

AND SO, UH, REMIND ME, COUNSEL, WE DON'T NEED A ROLL CALL, VOTE FOR JUST TO CLOSE THE PUBLIC HEARING.

RIGHT.

OKAY.

SO IS IS THERE ANY OBJECTION TO CLOSING? HEARING NONE, THE PUBLIC PORTION OF THE HEARING IS CLOSED.

WE'LL NOW GO TO DISCUSSION AMONG COMMISSIONERS.

COMMISSIONER, I'LL MAKE A MOTION.

OKAY.

UH, UH, SO COMMISSIONER FRANCIS, UH, MOVE TO ADOPT STATUS OF PROPOSED FINDINGS AND FACTS AND CONCLUSIONS WITH THE EXCEPTION OF SECTION TWO AND FIVE TO BE AMENDED FROM 45 TO 90 DAYS.

OKAY.

VERY GOOD.

SECOND, SECOND.

I'LL SECOND THAT MOTION.

OKAY.

SO WE HAVE, UH, UH,

[00:50:01]

UH, A MOTION, UH, FROM COMMISSIONER FRANCIS WITH SECONDS FROM COMMISSIONER BENIGNO AND, AND SIG, UH, TO ADOPT, UH, FINDINGS, IN FACT THE CONCLUSIONS OF LAW, UH, IN THE RECOMMENDED ORDER.

AND TO AMEND THAT ORDER, UH, SOLELY IN THAT WE WOULD EXTEND FROM 45 TO 90 DAYS.

UH, WOULD ANYBODY LIKE TO DISCUSS THE MOTION? OKAY.

SO, UH, WOULD ANYBODY OBJECT TO ME JUST CALLING THE QUESTION THEN I CALL? I WOULD SAY, OH, , GO AHEAD.

COMMISSIONER OLUGO, CONSIDERING THE, THE STATE OF THE PROPERTY AND THE REPAIRS, I, I HAVE VERY BIG CONCERNS ABOUT THE, UH, LANDLORD'S OPERATIONAL MANAGEMENT AND WHAT SEEMS TO ME FAIRLY DEEP RECKLESS DISREGARD FOR THE PROPERTY, BUT OUT OF, UH, RESPECT OF THE TIME AND THE, THE DESIRE TO, TO INSPECTIONS INSPECTOR BARRY WAS FOUR 90 DAYS.

I'M HAPPY TO MOVE FORWARD WITH IT.

OKAY.

SO, UM, SOUNDS LIKE SOME, UH, THE MOTION MIGHT HAVE SOME LEGS.

UH, I, UH, I GENERALLY THINK IT'S A COURTESY TO MY FELLOW COMMISSIONERS IF I INTEND TO VOTE AGAINST SOMETHING, BUT LET 'EM KNOW DURING THE DISCUSSION RATHER THAN GO TO THE FORMALITY OF, OF HAVING IT GO DOWN ON A VOTE.

SO NOW IS EVERYONE'S CHANCE IF THEY DON'T LIKE THE MOTION TO SPEAK UP.

UM, BUT OTHERWISE, UH, I WILL CALL, UH, THE QUESTION AND I'LL GO AHEAD AND, AND YEAH, CALL THE VOTE.

SO, UM, THE QUESTION IS ON COMMISSIONER FRANCIS MOTION, UH, TO ADOPT THE RECOMMENDED ORDER EXCEPT TO CHANGE THE COMPLIANCE PERIOD FROM 45 TO 90 DAYS.

UM, COMMISSIONER CAMPBELL, AYE.

COMMISSIONER OLUGO? AYE.

AYE.

COMMISSIONER FRANCIS AYE.

COMMISSIONER BENIGNO.

AYE.

COMMISSIONER SALLY.

AYE.

CHAIR VOTES.

AYE.

AND, UH, THAT BRINGS US TO SIX A'S NO NAYS AND THE MOTION CARRIES.

UH, SO THANK YOU.

UM, I THINK THERE ARE SOME THINGS I'M SUPPOSED TO SAY AT THE END.

I, I THINK I'M SUPPOSED TO REMIND THE PROPERTY OWNER'S.

SORRY.

AND I WAS GONNA SAY, DID YOU ADMIT THE I DID PROPERTY OWNER'S EXHIBITS? OH, NO, I DIDN'T.

I'M VERY SORRY.

I I DIDN'T MEAN TO TALK OVER YOU.

UH, YEAH, BE BEFORE I .

SO THE PROPERTY OWNER'S EXHIBITS ARE ADMITTED.

UM, UH, AND, UH, AND WITH THAT I THINK IT'S JUST A MATTER OF THANKING THE PROPERTY OWNERS FOR THEIR TIME AND FOR BEING HERE THIS EVENING.

AND, UH, WE CAN MOVE ON TO THE NEXT AGENDA ITEM.

OKAY.

THANK YOU COMMISSIONER FOR HAVING, UH, TAKING THE TIME.

I KNOW THAT THE OWNERSHIP APPRECIATES IT AND, AND THANK YOU FOR MODIFYING THAT IN 90 DAYS.

UM, MAY WE BE EXCUSED? UH, YES, ABSOLUTELY.

THANK YOU MR. GANOWSKI.

AND UH, THANK YOU.

UH, MR. OW.

SO OW.

THANK YOU.

AND UH, I THINK THAT BRINGS US TO ITEM NUMBER FOUR.

[4. Case Numbers: CL 2023-074854, CL 2023-074853, CL 2023-074858, CL 2023-074863 and CL 2023-084866 Property address: 5800 Wellington Drive - Exterior of Buildings 3, 4, 7, 8 and 9 (aka Mueller Place Apartments / Owner: Zion Capital 3, LLC]

ITEM NUMBER FOUR ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY.

CURRENTLY ENROLLED IN THE REPEAT OFFENDER PROGRAM AND LOCATED AT 5,800 WELLINGTON DRIVE.

IT'S LOCALLY KNOWN AS MUELLER PLACE APARTMENTS.

TONIGHT WE'LL BE ADDRESSING FIVE BUILDINGS CONSISTING OF FIVE INDIVIDUAL CASES.

THE CASE NUMBERS, THE CASE NUMBERS ARE AS FOLLOWS, CL 2 23 7 4 8 5 4 IS REGARDING THE EXTERIOR OF BUILDING THREE C 20 23 0 7 4 8 53 IS REGARDING THE EXTERIOR OF BUILDING FOUR C 20 23 0 7 4 8 58 IS REGARDING THE EXTERIOR OF BUILDING SEVEN C 20 23 0 7 4 8 6 3 IS REGARDING THE EXTERIOR OF BUILDING EIGHT.

AND LASTLY, C 20 23 0 8 4 8 6 6 IS REGARDING THE EXTERIOR OF BUILDING NINE STAFF EXHIBITS CAN BE FOUND IN THE LAVENDER BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.

LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.

THIS COMMERCIAL MULTIFAMILY PROPERTY CONSISTS OF 12 BUILDINGS IN 86 UNITS.

AS I MENTIONED BEFORE, WE ARE ADDRESSING FIVE INDIVIDUAL CASES REGARDING THE EXTERIOR OF FIVE OF THE BUILDINGS.

NO PERMITS HAVE BEEN OBTAINED TO DATE FOR REPAIR OF THE NOTED VIOLATIONS.

THESE STRUCTURES ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES.

EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING, PROOF OF MAILING AND RELATED POSTINGS, AS WELL AS A STRUCTURE MAP OF THE PROPERTY.

EVEN NUMBERED EXHIBITS TWO THROUGH 10 CONTAIN THE COMPLAINTS AND CASE HISTORIES AND THE REQUIRED NOTICES OF VIOLATION, PROOF OF MAILING AND RELATED POSTINGS.

ODD NUMBERED EXHIBITS THREE THROUGH 11 B CONSIST OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODE'S RECOMMENDED

[00:55:01]

ORDERS.

AUSTIN CODE INSPECTOR KEVIN BERRY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.

ALSO, AGAIN, BEFORE WE BEGIN, I WOULD LIKE TO NOTE THAT IT MAY TAKE MORE THAN FIVE MINUTES TO PRESENT THESE ALL FIVE CASES THE OWNERS OR OWNERS REPRESENTATIVES WILL BE ALLOWED THE SAME AMOUNT OF TIME TO PRESENT A STAFF INSPECTOR BERRY, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

I'M KEVIN BERRY.

I'M THE CODE OFFICER CURRENTLY ASSIGNED TO THESE CASES AND I HAVE BEEN SWORN IN THE MULTI-FAMILY PROPERTY I'M PRESENTING TODAY IS OWNED BY ZION CAPITAL THREE L L C AND THE REGISTERED AGENT IS CER ASSOCIATES PC.

THE FOLLOWING PROPERTY BEING PRESENTED IS CURRENTLY REGISTERED IN THE REPEAT OF FREEDOM PROGRAM AND HAS BEEN SINCE AUGUST OF 2018.

I WILL BE PRESENTING EVIDENCE FOR FIVE CASES AT 5,800 WELLINGTON DRIVE THE MUELLER PLACE, APARTMENTS, BUILDINGS 3, 4, 7, 8, AND NINE.

THESE CASES WERE INITIALLY GENERATED BY MYSELF, INSPECTOR KEVIN BERRY, WHILE CONDUCTING AN ANNUAL INSPECTION DURING MARCH OF 2023.

THIS IS, THIS IS A TWO STORY COMPLEX THAT HAS HAD NUMEROUS VIOLATIONS.

LEGAL NOTICE HAS BEEN SENT AND THE PROPERTY HAS BEEN POSTED ALONG WITH MULTIPLE FOLLOW-UP INSPECTIONS.

I HAVE BEEN IN CONTACT WITH THE MANAGEMENT COMPANY R P M, PROPERTY MANAGEMENT REGIONAL VICE PRESIDENT VETO ZELLER VIA EMAIL.

I HAVE NOT HAD ANY CONTACT WITH THE OWNER OF THE PROPERTY.

THE APARTMENT COMPLEX STILL REMAINS IN NEED REPAIRS AT THIS TIME.

A FOLLOW-UP INSPECTION WAS CONDUCTED ON SEVEN 14 OF 2023.

NO REPAIRS HAVE BEEN STARTED OR COMPLETED ON THE REAR UPSTAIRS.

DECKS IN QUESTION, THERE ARE NO ACTIVE OR PENDING PERMITS AT THIS TIME.

THE REAR STA UPSTAIRS PATIO DECKS STILL POSE A HAZARD FOR THE RESIDENCE.

I WILL BE PRESENTING PHOTOGRAPHS OF THE VIOLATION OBSERVED TO DATE THE FOLLOWING PHOTOGRAPHS TO DEPICT THE CONDITIONS FOUND FROM THE INITIAL INSPECTION IN MARCH OF 2023 TO PRESENT DAY.

AND NOW I'LL GO THROUGH THE PHOTOS.

EXHIBIT THREE A IS A CONTEXTUAL PHOTO OF THE FRONT SIGN OF THE PROPERTY AND YOU SEE THE NUMBERS 5,800 ON THE SIDE OF THE SIGN.

NEXT PHOTO EXHIBIT THREE B IS A CONTEXTUAL PHOTO OF THE SIDE OF THE BUILDING AND YOU CAN SEE IT'LL BE BUILDING THREE.

NEXT PHOTO.

EXHIBIT THREE C IS THE REAR UPSTAIRS DECK OF UH, ON THE BACK OF UNIT OF, I'M SORRY, BUILDING THREE.

ALL THE DARK IS ROTTEN WOOD ON THAT PATIO.

AND YOU CAN SEE THAT THERE'S BIKES AND I'M NOT EXACTLY SURE HOW THEY'RE GONNA GET THE BIKES OFF OF THERE.

NEXT PHOTO.

EXHIBIT THREE D SHOWS A BROKEN WINDOW ON BUILDING THREE.

NEXT PHOTO, EXHIBIT THREE C, UH, SORRY.

THREE E SHOWS THAT THIS WINDOW IS NOT PROPERLY SEALED.

NEXT PHOTO EXHIBIT FIVE A IS A CONTEXTUAL BUILDING, UH, SORRY, A CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING FOUR.

EXHIBIT FIVE B SHOWS THE REAR DECK ON BUILDING FOUR.

YOU CAN SEE ALL THE DARK ON THE PATIO IS ROTTEN WOOD.

NEXT PHOTO EXHIBIT SEVEN A IS CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING SEVEN.

NEXT PHOTO, EXHIBIT SEVEN B SHOWS A HOLE IN THE SIDE OF BUILDING SEVEN.

NEXT PHOTO, EXHIBIT SEVEN C SHOWS THAT THIS AC UNIT IS NOT PROPERLY SEALED.

NEXT PHOTO EXHIBIT SEVEN D SHOWS THE ROTTEN WOOD ON THE UPSTAIRS REAR DECK ON BUILDING SEVEN.

NEXT PHOTO, EXHIBIT NINE A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING EIGHT.

EXHIBIT NINE B SHOWS THE REAR DECK, UH, THE REAR UPSTAIRS PATIO DECK ON BUILDING EIGHT AND YOU CAN SEE THAT IT HAS ROTTEN WOOD ON IT.

NEXT PHOTO, EXHIBIT NINE C SHOWS A WIRE THAT'S HANGING DOWN THAT IS NOT UH, IN A BOX AND IT'S JUST HANGING LOOSE.

NEXT PHOTO, EXHIBIT NINE D SHOWS THE REAR SLIDING GLASS DOOR OF THIS UNIT.

YOU, IT'S HARD TO TELL BUT IT IS BROKEN OUT AND THEY HAD THAT BOARD LEANING ACROSS IT AND THERE IS A TARP ON THE INSIDE OF THE, OF THE APARTMENT TO KEEP IT SEALED.

NEXT PHOTO, EXHIBIT NINE E SHOWS THE OUTDOOR LIGHT HANGING DOWN AND NOT INSTALLED PROPERLY.

NEXT PHOTO EXHIBIT 11 A IS A CONTEXTUAL PHOTO SHOWING THAT THIS IS BUILDING NINE.

NEXT PHOTO,

[01:00:01]

EXHIBIT 11 B SHOWS THE REAR DECK ON BUILDING NINE TO THE RIGHT OF THAT PHOTO, YOU CAN SEE THAT THOSE BOARDS ARE ROTTEN AND THAT IS ONLY THE VISIBLE ROTTEN.

IT'S HARD TO TELL IF THERE'S ANY MORE, BUT IT'S VISIBLE TO THE RIGHT OF THAT PHOTO.

AND THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE SUBSTANDARD STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED DANGEROUS WITH HAZARDOUS CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 11 B CONSISTING OF EXHIBIT ONE AND EVEN NUMBERED EXHIBITS TWO THROUGH 10, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND ODD NUMBERED EXHIBITS MARKED AS EXHIBITS THREE A THROUGH 11 B, WHICH ARE PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS.

ALSO, CHAIR, BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST 'CAUSE THE ORDERS ARE ALL BASICALLY THE SAME.

PLEASE ALLOW ME TO READ ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING FIVE SEPARATE ORDERS.

OKAY, THANK YOU COORDINATOR.

I WILL GO AHEAD AND ADMIT EXHIBITS ONE THROUGH 11 B AND WITHOUT OBJECTION WE CAN, WE CAN HEAR THE CONSOLIDATED CASE THAT WAY.

THANK YOU.

STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW.

AND IN ALL FIVE CASES, ORDER THE OWNER COMPLETE THE FOLLOWING.

ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

TWO, REPAIR ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY 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 FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.

ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES THE PRESENTATION.

OKAY, THANK YOU COORDINATOR.

AND THANK YOU INSPECTOR.

UH, I WOULD NOW, UH, I UNDERSTAND WE HAVE, UH, PROPERTY OWNERS REPRESENTATIVES REGISTERED TO SPEAK.

IF YOU, IF YOU'D LIKE TO COME FORWARD, UM, I HAVE, UM, ASK YOU TO COME FORWARD AND INTRODUCE YOURSELVES.

I HAVE A, IS IT A VAN HAGUE? FORGIVE ME IF I'M