Jul 26, 2023 Building and Standards Commission

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.

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.

[APPROVAL OF MINUTES]

MOTION TO APPROVE THE MINUTES.

WE HAVE A MOTION TO APPROVE.

DOES THAT NEED TO BE SECONDED? SECOND.

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

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]

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.

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.

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.

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.

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.

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.

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.

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 .

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

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.

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]

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.

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.

GOOD EVENING COMMISSIONERS.

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.

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.

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.

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

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.

[00:20:01]

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.

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.

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.

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.

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.

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.

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

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]

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

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.

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.

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.

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.

I WAS HAVING ISSUES WITH, WITH GETTING CONNECTED.

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

ANY AUDIO.

TO A COUPLE OF WEIRD CIRCUMSTANCES.

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.

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]

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.

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.

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.

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.

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.

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]

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.

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.

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.

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.

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, .

UH, COMMISSIONER SEIG.

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

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.

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.

I'M ABBREVIATING THESE SLIGHTLY.

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.

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.

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.

UH, THOSE ARE ALL MY QUESTIONS.

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

WE HAVE A MOTION FROM COMMISSIONER BAKER, I SECOND.

CHAIR, IF YOU DON'T MIND.

I HAVE ONE POINT OF CLARITY.

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.

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.

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.

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.

SECOND, SECOND.

I'LL SECOND THAT MOTION.

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.

SO WE HAVE, UH, UH,

[00:50:01]

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.

UM, COMMISSIONER CAMPBELL, AYE.

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.

COMMISSIONER OLUGO? AYE.

COMMISSIONER FRANCIS AYE.

COMMISSIONER BENIGNO.

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.

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.

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

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, 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]

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.

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.

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.

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]

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.

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.

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 MISPRONOUNCING THAT.

IS THAT PLEASE? AND DO WE HAVE ANYONE ELSE OR IS THIS FOR THE PROPERTY? KNOW? HELLO.

HI, COMMISSION, UH, THIS IS VAN HAE HAGUE, REPRESENTATIVE OF THE OWNER AND ALSO WITH MITCH JORGE LOPEZ WITH R P M LIVING, UH, PROPERTY MANAGEMENT.

I MEAN HE'S WELCOME TO, YOU CAN BOTH COME UP TO THE DAY IF YOU'D LIKE TO SPEAK.

YEAH, AND JUST AS A REMINDER, WE, WE ORDINARILY HAVE, UH, FIVE MINUTES, BUT I'M RELYING ON OUR TIMEKEEPER TO MAKE, I THINK WE MIGHT HAVE GONE LONG.

THE CITY MIGHT HAVE GONE A LITTLE LONG, SO YOU'RE GONNA HAVE HOWEVER MUCH TIME THE THE CITY HAD.

UM, SO IF YOU WANT TO GO AHEAD.

AND I KNOW, UM, I CAN'T SPEAK ON WHICH DATE.

UH, WELL THANK YOU COMMISSION.

UM, FIRST OF ALL, WE PURCHASED MUELLER PLACE APARTMENTS EARLY 2022, WHICH IS LAST YEAR.

UM, AS INSPECTOR KEVIN BERRY SAID, UH, THE PROPERTY'S BEEN IN THE REPEAT OFFENDER PROGRAMS SINCE 2018.

SO WE WALKED INTO A PROPERTY WITH OUTSTANDING CODE VIOLATIONS.

UM, WE IMMEDIATELY STARTED ADDRESSING THEM.

WE SPENT OVER HALF A MILLION DOLLARS UPDATING PLUMBING, LIGHTING, WIRING, UM, EXTERIORS, UH, LANDINGS.

AND SO WE, WE IMMEDIATELY STARTED PUTTING MONEY INTO THE BUILDING.

UH, OBVIOUSLY THERE'S BEEN A LOT TO TACKLE.

UH, AND ADDITIONALLY WE HAD AN ISSUE WITH THE PROPERTY MANAGER.

SO, UH, WE DO NOT MANAGE THEM IN HOUSE.

WE HIRE THIRD PARTY PROPERTY MANAGERS.

UM, WE ORIGINALLY HAD A PROPERTY MANAGER RES PROP.

UH, WE DECIDED THEY WERE DOING AN INSUFFICIENT JOB.

THEY WERE NOT TACKLING, UH, THE ITEMS THAT NEEDED TO BE TACKLED IN A MANNER THAT WE THOUGHT APPROPRIATE.

SO WE FIRED THEM AND WE HIRED A NEW COMPANY, ASSET LIVING.

UH, WE WENT THROUGH THE SAME PROCESS, UH, AND THEN EVENTUALLY LET THEM GO BECAUSE WE WERE NOT SEEING THE PROGRESS THAT WE NEEDED TO WITH THE PROPERTY.

UH, AND THEN EVENTUALLY WE BROUGHT ON R P M LIVING.

UH, WE'VE HAD GREAT SUCCESS SINCE THEN.

OBVIOUSLY THERE'S BEEN A, A LARGE LIST OF CODE VIOLATIONS, UM, MINOR AND MAJOR THINGS.

UH, WE'VE MADE A GREAT PROGRESS SINCE THEN.

UH, WE BROUGHT R P M ON IN APRIL.

UH, AND YES, I THINK, DO YOU HAVE ANYTHING TO, TO ADD JORGE, MR. LOPEZ? UH, YOU KNOW, JUST TO KIND OF BACK ON, UH, WHAT VAN WAS SAYING, UM, OR TO, TO, YOU KNOW, FEED OFF OF THAT.

UM, YEAH, YOU KNOW, WE CAME, YOU KNOW, WE TOOK POSSESSION OF THE PROPERTY OR STARTED OVERSEEING IT AS OF, UH, APRIL 6TH.

UM, AND OF COURSE WE WEREN'T AWARE OF A LOT OF THE CODE VIOLATIONS PRIOR TO THAT, UM, OR BEING ON THE REPEAT, YOU KNOW, OFFENDER LIST.

UM,

[01:05:01]

UM, MR. BERRY ACTUALLY REACHED OUT TO R P M LIVING, VETO ZELLER, WHO'S THE R V P, TO KIND OF BRING HIS ATTENTION, THESE VIOLATIONS THAT THE PROPERTY HAS RACKED UP OVER, YOU KNOW, OVER THE YEARS.

UM, AND, UH, YOU KNOW, OF COURSE, ONCE IT'S BEEN BROUGHT TO OUR ATTENTION, WE DEFINITELY HAVE BEEN, YOU KNOW, TRYING TO ADDRESS EVERYTHING AS FAST AS, YOU KNOW, QUICKLY AS POSSIBLE, AS THE LIST IS PRETTY, PRETTY LENGTHY .

UM, AND, YOU KNOW, AND WE'LL CONTINUE TO TACKLE, UM, YOU KNOW, WITHIN, UH, YOU KNOW, WITHIN OUR MEANS IN REGARDS TO GETTING THESE ITEMS ADDRESSED THAT ARE, YOU KNOW, STILL PENDING.

UM, AND, AND DEFINITELY WE WANNA TAKE CARE OF IT IN A TIMELY MANNER, FOR SURE.

UM, AND I THINK, YOU KNOW, AGAIN, VAN WILL SPEAK ON, YOU KNOW, THE LENGTH OF TIME THAT'LL NEED, WE'LL NEED TO IN ORDER TO GET EVERYTHING ADDRESSED.

THANK YOU VERY MUCH.

UH, AT THIS TIME, UH, WITHOUT OBJECTION, I WILL GO AHEAD AND ADMIT THE PROPERTY OWNER'S EXHIBIT.

UH, AND, UH, I'LL HEAR FROM MY FELLOW COMMISSIONERS IF, UH, ANYONE HAS QUESTIONS FOR THE, UH, CITY STAFF OR FOR THE PROPERTY OWNER REPRESENTATIVES.

SO, COMMISSIONER BENIGNO, THIS IS FOR INSPECTOR BARRY.

UM, ARE YOU AWARE OF, UH, PERMITS THAT THEY NEED AND HAVE THEY BEEN SUBMITTED AND WHERE WE STAND WITH THE PERMITTING PROCESS THERE? UH, THERE'S BEEN NO PERMITS, UH, TO DATE.

UM, I'M GONNA HAVE TO CHECK ON THE, THE AMOUNT OF REPAIRS THAT ARE GONNA BE NEEDED ON THE DECK, WHETHER IT IS NEEDS A PERMIT OR NOT.

IT'S A SQUARE FOOT ISSUE.

IF YOU DO SO MANY SQUARE FEET, THEN YOU NEED A PERMIT.

I'M NOT SURE THEY FALL INTO THAT CATEGORY 'CAUSE I HAVE NOT BEEN ABLE TO MEASURE 'EM.

IS THAT ALL COMMISSIONER DID YOU? OKAY.

UM, ANYONE ELSE? COMMISSIONER CAMPBELL? UH, I JUST HAD A CLARIFYING QUESTION FOR INSPECTOR BERRY.

UM, IN EXHIBIT 11 B, WE SEE LIKE AN UNDERSHOT OF ONE OF THESE, UH, UH, PORCHES, AND IT DOES SEEM TO JUST BE WOOD, UH, WOOD FRAMING, HOLDING IT UP.

IS THAT THE CASE FOR ALL OF THE OTHER, UH, PATIOS THAT SEEM TO BE MUCH MORE DECAYED? THEY'RE, UM, THEY'RE ALL IN DIFFERENT PLACES OF DECAY.

UH, THAT IN THAT PARTICULAR ONE, THAT ONE HAD THE, UNDER THE JOIST UNDERNEATH, WAS DECAYED MOSTLY ON THAT ONE.

UM, ARE YOU ASKING IF THERE'S ANY OTHER THING HOLDING THAT UP OTHER THAN IT JUST COMES OUTTA THE WALL? YES.

I THINK ON SOME OF THEM THERE ARE POLLS ON THAT ONE.

THERE IS NOT.

UH, OKAY.

I WOULD HAVE TO LOOK AT MY PHOTOS AGAIN TO ANSWER THAT CORRECTLY.

UH, THANK YOU.

COMMISSIONER CAMPBELL.

UM, SO COMMISSIONER LOS LUGO.

THANK YOU, CHAIR.

UM, SO THIS IS A QUESTION FOR THE PROPERTY OWNERS AND THE, UM, UH, PROPERTY MANAGERS, I GUESS.

SO, UM, BASED ON WHAT INSPECTOR BARRY SAID, THERE ARE CURRENTLY NO STANDING PERMITS.

ARE YOU, WHERE ARE YOU IN THE PLANNING OF, UH, FIXING THESE CODE VIOLATIONS? ARE YOU AWARE WHETHER OR NOT YOU'RE GOING TO NEED TO GET A PERMIT? AND IF SO, WHERE DO YOU STAND ON THAT? THE REPAIRS, THE CONTRACTORS? CAN YOU JUST TELL ME A BIT MORE ABOUT WHAT THE ACTUAL PLAN IS FOR HOW YOU'RE GONNA GET THIS DONE? OF COURSE.

SO WE WERE NOT UNDER THE IMPRESSION THAT WE NEEDED ANY PERMITS FOR THIS.

UH, IN FACT, THE WORK HAS ALREADY BEEN SCOPED AND IT'S BEING DONE TOMORROW.

SO ALL OF THE BALCONIES ARE GONNA BE REPAIRED TOMORROW, UM, AS, AS I KNOW.

IS THAT RIGHT FOR, UH, SORRY, ? YEAH, WE ACTUALLY HAVE A GC.

UH, THEY, THEY ACTUALLY WALKED, UH, THE PROPERTY, UM, RECENTLY, UH, GATHERED, UH, YOU KNOW, PRETTY MUCH JUST TALLIED UP ALL THE PATIOS THAT NEED TO BE REPLACED.

UM, THEY DIDN'T SUGGEST THAT WE NEEDED ANY PERMITS TO, TO MAKE THOSE REPAIRS.

AND THEY'LL ACTUALLY BEGIN REPAIRS TOMORROW ON THE, UH, PATIO DECKS.

UH, COMMISSIONER FRANCIS.

ON THE WOOD REPAIR.

SO ASSUMING THIS IS PERMITLESS WORK, YOU HAVE THE PLANS FOR THE PATIOS, THE BROKEN WINDOWS, THE SLIDING DECK, EVERYTHING ELSE? YEAH.

SO SPEAKING ON BROKEN WINDOWS, WE'VE ACTUALLY DID A FULL, UM, WE ACTUALLY HAVE A PAID INVOICE.

UH, WE ACTUALLY DID A PROPERTY WIDE, UH, WINDOW REPLACEMENT, UH, WITHIN THE PROPERTY.

UM, UNFORTUNATELY WE DO HAVE A SIGNIFICANT, UH, HOMELESS ISSUE AROUND THE PROPERTY.

SO WINDOWS ARE BREAKING A LOT FASTER THAN WE CAN FIX 'EM.

UM, AND SO SOME OF THE PHOTOS THAT WERE PROVIDED ARE WINDOWS THAT HAVE BEEN REPAIRED, BUT SINCE THE REPAIR HAVE BEEN RE BROKEN DUE TO VANDALISM ON THE PROPERTY.

SINCE BEEN BROKEN IN THE LAST TWO WEEKS THAT WE REPLACED ALL OF THEM.

SO YOU'RE SAYING, UH, 'CAUSE THESE PHOTOS ARE DATED SEVEN 14, YOU'RE SAYING THAT ALL THESE WINDOWS HAVE BEEN REPAIRED SINCE SEVEN 14? SO TO MY UNDERSTANDING, UM, THE WINDOW REPLACEMENT WAS OVER THE COURSE OF A FEW DAYS, AND I THINK THE 14TH LANDED SOMEWHERE IN THE MIDDLE.

SO IT'S LIKELY THAT THOSE WINDOWS HAVE BEEN REPLACED, IF THERE ARE ANY THAT ARE BROKEN.

THEY'VE

[01:10:01]

UH, BUT IT IS, UH, JORGE SAID WE DID REPLACE EVERY WINDOW AT THE PROPERTY IN THE LAST, UH, THREE WEEKS.

AND SINCE ALL THIS OTHER WORK'S GONNA BE DONE TOMORROW, YOU HAVE NO PROBLEM WITH THE 45 DAYS.

UH, WE WOULD ASK FOR 60 DAYS, UH, IF THERE'S GOING TO BE AN ENGINEER INSPECTING IT, JUST TO MAKE SURE THAT WE'RE UP TO CODE, UH, AND TO MAKE SURE, FOR EXAMPLE, IF THE POLES, UH, ARE, ARE AN ADDED EXPENSE, UH, WE JUST WANNA MAKE SURE THAT WE HAVE TIME TO COMPLETE ALL THAT.

I DON'T THINK THE ORDER CALLS FOR AN ENGINEER CALLS JUST FOR AN INSPECTION FROM CODE.

SO YOU DON'T NEED, OKAY.

YEAH, THOSE ARE ALL FASTER THAN GETTING A PROFESSIONAL ENGINEER.

WE'RE NOT, WE'RE NOT REQUESTING AN ENGINEER.

LOOK AT THOSE.

APOLOGIES FOR MISUNDERSTANDING.

SO THE 45 DAYS WORKS.

45 DAYS SHOULD WORK.

GOOD.

I DON'T HAVE ANY OTHER QUESTIONS.

UH, THANK YOU COMMISSIONER AND COMMISSIONER SLUGO, DID YOU HAVE SOMETHING ELSE? I'M SORRY.

OH, NO, I WAS ABOUT TO MOVE TO CLOSE THE HEARING .

UH, WELL BEFORE YOU DO THAT, UM, I, I JUST HAVE ONE QUESTION FOR, UM, FOR INSPECTOR BARRY.

UH, SORT OF THE SAME QUESTION AS IN THE PREVIOUS CASE.

UH, DO YOU HAVE ANY PARTICULAR HEARTBURN ABOUT 60 DAYS OR THAT WE SHOULD KNOW ABOUT? OR NO.

IF, IF THEY CAN GET IT DONE IN THE, I BELIEVE THAT THEY JUST WENT TO 45 DAYS, UH, IF THEY CAN GET IT DONE IN THAT TIME AND KEEP PEOPLE SAFE, KEEP 'EM FROM GOING ON THERE, THEN I'M OKAY WITH THAT.

WELL, AND IN LIGHT OF THAT, UH, THAT PROMPTS ANOTHER QUESTION.

ANY IMMEDIATE LIFE SAFETY ISSUES THAT YOU THINK REQUIRE A SHORT TIMEFRAME? AS LONG AS THEY CAN KEEP PEOPLE FROM GOING OUT ON SOME OF THOSE, THEN THEY'LL BE ALL RIGHT.

ALRIGHT, UH, THANK YOU.

AND THEN I'M GONNA GO BACK TO COMMISSIONER OLUGO FOR A MOTION.

I MOVE TO CLOSE THE PUBLIC HEARING.

SECOND, I SECONDED BY COMMISSIONER BENIGNO.

HEARING NO OBJECTION.

THE PUBLIC HEARING IS CLOSED.

IF, UH, PROPERTY OWNERS REPRESENTATIVES, YOU WOULDN'T MIND STAYING THERE IN CASE WE DO HAVE QUESTIONS, BUT THE ACTUAL DISCUSSION PART, UNLESS WE ASK YOU SOMETHING, IS, IS CONCLUDED.

SO, UH, BEAR WITH US WHILE WE DISCUSS YOUR CASE.

UM, DOES ANYBODY HAVE, UM, DOES ANYBODY WANNA START US OFF? OH, COMMISSIONER, OH, SORRY, COMMISSIONER FRANCIS.

QUESTION FOR COUNSEL.

UH, CAN WE SHORTEN THE 45 DAYS? AND I'LL TELL YOU WHY THOSE QUESTION, THOSE PICTURES TROUBLED ME DEEPLY.

THOSE ARE CHILDREN'S BICYCLES ON DECKS THAT YOU OR I WOULD NOT WANT TO WALK ON.

45 DAYS SEEMS EXCESSIVE.

AND IF THAT WAS JUST A CONFIRMED BY BOTH THESE GENTLEMEN, WHAT THEY WOULD DO THIS WORK TOMORROW.

SO I WOULD LIKE TO SAY, CAN WE SHORTEN THIS TO 10 DAYS AGAIN? OKAY, THANK YOU.

UM, UH, YES, UH, THE COMMISSIONER, UM, YES, COMMISSIONER UNDER STATE LAW.

I WILL SAY THAT THE, UM, THERE IS A PRESUMPTION THAT 30 DAYS IS REASONABLE.

UM, BUT YOU DO HAVE THE PURVIEW TO, UM, YOU KNOW, MAKE, MAKE ANY KIND OF CHANGE DETERMINATION OF THOSE DAYS BASED ON THE EVIDENCE, UM, THAT YOU SEE AND WHAT YOU THINK IS REASONABLE AND, UM, THE LIMITS WITHIN YOUR RULES AND REGULATIONS.

BUT I'LL JUST, I'LL JUST LAY OUT THERE THAT STATE LAW DOES HAVE A 30 DAY PRESUMPTION, THANK YOU.

IF 30 IS CONSIDERED REASONABLE AND MAYBE 10 WOULD BE TOO MUCH, WE CAN DO SOMETHING LIKE 20.

WOULD THAT SEEM 15 JUST FOR A CLEAN RECORD THAT KEEP GOING.

YOU'RE GETTING THERE.

, THIS IS A QUESTION FROM COMMISSIONER OLUGO.

UH, SO GO AHEAD.

I JUST WANTED TO MAKE SURE EVERYBODY WAS RECOGNIZED FOR THE RECORD, SO THANK YOU.

I GUESS COUNSEL, SO WOULD, UM, CAN YOU EXPLAIN TO ME WHAT THE TEXAS LAW IS AROUND THE REASONABLENESS OF THE, THESE ORDERS? SO, STATE LAW PRESUMES THAT 30 DAYS IS, UM, REASONABLE.

AND WHAT THAT MEANS IS THAT, UM, LESS THAN 30 DAYS WOULDN'T BE REASONABLE UNLESS YOU HAVE SOME OTHER KIND OF, UM, EXTENUATING EVIDENCE THAT, THAT YOU MAKES THE COMMISSION BELIEVES WOULD MAKE IT REASONABLE.

ON WHAT BASIS COULD SOMETHING LIKE 10, 15 OR 20 DAYS BE REASONABLE? LIKE ON WHAT BASIS IS IT STANDARD TO EVALUATE SOMETHING BELOW 30 DAYS? UM, SO, UM, THE LAW DEPARTMENT IS GONNA RECOMMEND A 30 DAY MINIMUM.

UM, THAT IS BECAUSE THAT IS PRESUMED REASONABLE.

SO, UM, THAT IS, THAT IS WHAT A COURT WILL CONSIDER KIND OF THE BASIS FOR REASONABLENESS, UNLESS YOU REALLY, UM, SEE EVIDENCE AND THEN, AND YOU DISCUSS AMONGST YOURSELF AND YOU KIND OF ESTABLISH WITHIN THE RECORD OF THE HEARING THAT YOU THINK THAT, UM, LESS WOULD BE MORE REASONABLE.

UM, BUT IT DOES THAT, DOES THAT ANSWER YOUR QUESTION? UM, I'M, I'M ABSOLUTELY NOT SAYING.

I, I THINK THERE'S A UNDERSTAND.

I THINK I UNDERSTAND WHAT YOU MEAN.

YES.

APPRECIATE IT, COUNSEL.

OKAY, THANK YOU.

UM, AND BEFORE I GO TO MY FELLOW COMMISSIONERS, I THINK, UH, COORDINATOR ALLIE, DID YOU HAVE A YEAH, I JUST WANTED TO SAY THAT YOU'RE ALSO GONNA HAVE 10 DAYS THAT

[01:15:01]

WE ALLOW FOR MAILING.

SO, UM, WHATEVER YOU CAN, YOUR TIMEFRAME WOULD START AFTER 10 DAYS FROM MAILING.

UH, THANK YOU COORDINATOR.

I DIDN'T SEE WHO WAS FIRST, SO I'M JUST GONNA GO TO COMMISSIONER BENIGNO.

UM, I WAS JUST GONNA SHARE MY OPINION THAT, UM, INSPECTOR BERRY DID NOT SAY THAT THERE WAS IMMEDIATE LIFE-THREATENING SITUATION THAT WOULD REQUIRE US TO LOWER IT BELOW THE, A THRESHOLD THAT MAY CREATE AN ISSUE.

I THINK, UM, IF HE HAD COME HERE BEGGING US TO LOWER IT TO FIVE OR 10 DAYS, THEN I WOULD BE CERTAINLY WILLING TO ENTERTAIN THAT.

BUT I THINK SINCE HE SAID HE WAS COMFORTABLE WITH THE 45 DAYS AND THEY HAVE SAID THAT THEY ARE GETTING THEIR REPAIRS DONE TOMORROW, UM, I PERSONALLY DON'T THINK WE NEED TO CHANGE THE ORDER AND, UM, WOULD BE COMFORTABLE STICKING WITH IT.

UM, OUT OF RESPECT FOR CITY REQUESTS AND THEIR DILIGENCE, I GUESS.

UM, THOSE ARE MY THOUGHTS.

COMMISSIONER CAMPBELL, UH, JUST BASED ON WHAT COUNSEL HAS SAID HERE, IT SEEMS LIKE REDUCING IT BEYOND THAT 30 DAY, UH, MINIMUM WOULD POTENTIALLY ACTUALLY WEAKEN THE ORDER IN SOME EXTENT.

YOU KNOW, IT WOULD MAKE IT POTENTIALLY SEEM UNREASONABLE IN SOME CAPACITY AND MIGHT, YOU KNOW, OPEN IT UP TO POTENTIAL CHALLENGES.

UM, SEEMINGLY IT WOULD BE STRONGER IF WE KEPT IT AROUND WHERE IT IS OR EVEN JUST REDUCED IT TO 30 DAYS, IF THAT'S AMENABLE.

THANK YOU COMMISSIONER, UM, COMMISSIONER FRANCIS, INSPECTOR BERRY, ONE OF YOUR STATEMENTS WAS, I DON'T KNOW HOW THOSE CHILDREN WOULD GET OUT TO GET THOSE BICYCLES.

THAT'S AN ALARMING STATEMENT AND PRETTY MUCH SUGGESTS THE SEVERITY OF THIS.

NOW IF, SO I'M HEARING CONTRADICTION, RIGHT? I HEAR THAT STATEMENT, THEN I HEAR YOU SAY YOU, YOU'RE GOOD WITH THE 45 DAYS PLUS THE 10 DAYS OF MAILING.

SO WE'RE TALKING 55 DAYS.

HELP ME RECONCILE THOSE TWO STATEMENTS.

LOOK IF THEY CAN, SORRY.

IF THEY CAN SOMEHOW KEEP EVERYBODY OFF THE, THE DECKS, THEN THERE'S NO ISSUE.

THE ISSUE IS WHEN YOU GO ON THE DECKS.

SO IF THEY CAN FIND A WAY TO KEEP THE TENANT, IF THERE IS E EVEN A TENANT IN THAT APARTMENT OFF THE DECKS, THEN THERE'S NO ISSUE.

'CAUSE WHEN THEY GO ON THE DECKS, THAT BECOMES A SAFETY ISSUE.

SURE.

I DIDN'T, AGAIN, I DIDN'T SEE YOU AS FIRST.

I'M GONNA GO TO COMMISSIONER CAMPBELL.

UH, WELL IN THAT CASE I'D LIKE TO JUST ASK THE, UH, PROPERTY OWNERS AND THE REPRESENTATIVES.

UM, WHAT IS YOUR PLAN FOR WHEN YOU REPAIR THESE FOR ALLOWING PEOPLE TO GET THEIR PERSONAL PROPERTY OR DEALING WITH THAT? UH, WE'VE ACTUALLY NOTIFIED RESIDENTS TO, UH, THAT WE'LL ACTUALLY BE, WE'RE BE BEGINNING REPAIRS TOMORROW AND TO REFRAIN FROM, YOU KNOW, GOING ON THEIR PATIO DECKS, UM, YOU KNOW, OPEN UP THEIR PATIO DOORS AS WORK IS BEING COMMENCED CURRENTLY.

UM, AND ULTIMATELY IF THEY'RE ABLE TO, YOU KNOW, SAFELY REMOVE ANY ITEMS FROM THERE, IF NOT, THEN OUR GC WOULD BE WILLING TO REMOVE THE ITEMS FOR THEM TEMPORARILY SO THAT THEY CAN MAKE THE NECESSARY REPAIRS.

COMMISSIONER OLUGO, THANK YOU CHAIR.

UM, SO THIS KIND OF HALF CONFIRMED MY QUESTION, BUT I WANTED TO JUST VERIFY HOW MANY OR ALL ARE ALL OF THE PROPERTIES HIGHLIGHTED HERE OCCUPIED BY TENANTS AT THE MOMENT? THAT'S A VERY GOOD QUESTION.

UH, , I CAN'T TELL YOU EXACTLY, UH, RIGHT OFF THE TOP OF MY HEAD, UNFORTUNATELY.

UM, I DON'T WANNA GET FALSE INFORMATION.

I MEAN, YEAH, BECAUSE ARE WE TALKING LIKE, OR SOME OCCUPIED OR SOME VACANT? MOST LIKELY.

UM, OKAY.

BUT I, YOU KNOW, I DON'T HAVE THAT EXACT NUMBER OFF.

'CAUSE THE RISK PROFILE OF THESE ARE ALL EMPTY IS VERY DIFFERENT THAN IF WE'RE HAVING, YOU KNOW, THERE'S LIKE, YOU KNOW, A FAMILY IN THERE THAT, YOU KNOW, TELLING A KID NOT TO GO INTO A PATIO EASIER THAN DONE.

UM, YEAH.

CITY ATTORNEY CORRECTLY, THAT PRESUMPTION WOULD BE REVERSED, UH, AND WOULD BE IN EXACTLY THE OPPOSITE POSTURE.

IF THERE ARE NO, UH, FURTHER COMMENTS FROM COMMISSIONERS, I'LL JUST SHARE A FEW THOUGHTS, UH, BEFORE ENTERTAINING.

I HOPE, I HOPE WE CAN GET A MOTION HERE.

UM, AND, AND THOSE THOUGHTS ARE, UM, THESE, FIRST OFF, WITH RESPECT TO THE DISCUSSION ABOUT THE PRESUMPTION OF REASONABLENESS, UM, YOU KNOW, I'M NOT AN EXPERT IN THIS AREA, BUT THE WAY, THE WAY I, I THINK, I THINK THAT ORDINARILY WORKS IS IT IS IT COMES DOWN TO A SORT OF BURDEN SHIFTING.

YOU KNOW, IF WE'RE GOING IN THERE WITH A, WITH GIVING THE OWNER 30 DAYS OR MORE, THEN THERE'S A REBUTTABLE PRESUMPTION THAT THAT'S REASONABLE AND IT WOULD BE INCUMBENT UPON THE OWNER SHOULD THEY DECIDE TO APPEAL OUR ORDER TO DEMONSTRATE TO THE COURT SATISFACTION THAT EXTENUATING CIRCUMSTANCES ON THEIR END MAKE 30 DAYS TOO TIGHT.

UH, ON THE OTHER HAND, IF I'M HEARING FROM THE

[01:20:01]

SHOULD THEY APPEAL, FOR EXAMPLE, COMMISSIONER FRANCIS, A 10 DAY ORDER, THEN IT WOULD BE INCUMBENT UPON THE CITY TO GO IN AND SHOW WHY, UH, EXIGENT CIRCUMSTANCES REQUIRED US TO BE IN SUCH A HURRY.

AND I THINK THAT WAS COMMISSIONER CAMPBELL'S POINT, WHICH IS THAT, YOU KNOW, IN OUR ZEAL TO DO SOMETHING QUICKLY, IN EFFECTIVELY, UH, WE MIGHT HAVE THE UNINTENDED CONSEQUENCES OF REDUCING ITS EFFICACY IF WE EXPOSED IT TO A LEGAL CHALLENGE BY THE OWNER.

UH, SO, UM, IT COULD BE, YOU KNOW, IT COULD BACKFIRE.

UM, I HAVE SEEN IN THE PAST WHEN, UH, A SINGLE PROPERTY HAD SOME ISSUES THAT WERE DEEMED LIFE SAFETY ISSUES AND OTHERS THAT WERE NOT, UH, WE WOULD SORT OF DIVIDE THE ORDER.

I'VE SEEN ORDERS AMENDED TO WHERE, OKAY, WITHIN 24 HOURS AGO, EMBRACE THIS DANGEROUS, YOU KNOW, CEILING OR EVE OR SOMETHING AND THEN DO THE REST OF IT WITHIN 45 DAYS.

AND I SUPPOSE IF WE FELT STRONGLY ENOUGH ABOUT THE BALCONY ISSUE, WE COULD SAY SOMETHING LIKE THAT HERE, YOU KNOW, LIKE WITHIN, YOU KNOW, 24 HOURS OR HOWEVER YOU KNOW, OF MAILING ESTABLISHED TO COM TO INSPECT YOUR VERY SATISFACTION THAT NOBODY'S GOING OUT ON THOSE BALCONIES, YOU KNOW, BECAUSE IT'S NOT SAFE EVEN TO GO GET YOUR BICYCLES.

UH, BUT THEN WITH THE REST OF IT, YOU KNOW, WE COULD GIVE THEM WHATEVER TIME WE THINK IS, IS, IS REASONABLE.

I'M JUST PUTTING THAT OUT FOR THE, THAT THERE FOR DISCUSSION.

I'M GONNA, IF POSSIBLE REFRAIN FROM MAKING MOTIONS WHILE I'M CHAIRING.

SO, UM, I JUST WANT TO PUT THAT OUT THERE.

COMMISSIONER FRANCIS, ALL GOOD POINTS.

THE 10 WAS JUST A NUMBER FOR CONVERSATION'S SAKE TO KIND OF PIERCE THROUGH THAT 30 DAY THRESHOLD, BUT I THINK MELANIE SAID THAT IT WOULD TAKE 10 DAYS TO GET IT OUT THE DOOR.

SO IF WE AMEND THAT TO FROM 45 TO 35, THAT PUTS IT AT THE 45.

AND STILL, I DON'T HONORS THE 30 DAY THRESHOLD, BUT YET I WANT TO KEEP THE SENSE OF URGENCY ABOUT RESPONDING TO WHAT COULD BE A HEALTH AND A CRITICAL HEALTH AND SAFETY ISSUE TO SOMEBODY WHO MIGHT GO OUT THERE TO RETRIEVE THOSE BICYCLES.

'CAUSE TOMORROW THEY'RE PUTTING NEW DECKS ON AND THAT MIGHT NOT PLAY OUT WELL.

SO AS IN THE SPIRIT OF COMPROMISE, UM, THE 35 DAYS SOUNDS LIKE AN, AN ATTRACTIVE MOTION TO ME.

DOES ANYBODY HAVE REMARKS ON, ON THAT? 35.

UH, LET'S SEE.

I'M NOT STEERING COMMISSIONER SIG, YOU'RE KIND OF LEANING IN, BUT I CAN'T TELL IF YOU'RE I WAS GOING TO SAY THAT I AGREE WITH COMMISSIONER FRANCIS THAT WE MODIFIED TO 35 DAYS, AND I'D ACTUALLY LIKE TO MAKE A MOTION THAT WE ACCEPT THE ORDER AND WITH THE PROVISION THAT WE MODIFY THIS NUMBER OF DAYS TO 35 DAYS.

I, I SECOND.

SO WE HAVE A MOTION FROM COMMISSIONER SIG SECONDED BY COMMISSIONER OLUGO, UH, TO ADOPT, UH, STAFF'S FINDING OF THE FACT CONCLUSIONS OF LAW, BUT WITH THE MODIFICATION THAT THE COMPLIANCE PERIOD BE REDUCED FROM 45 TO 35 DAYS.

UH, IS THERE ANY DISCUSSION ON THAT MOTION? OKAY, HEARING NONE, I'M GONNA GO AHEAD AND I'M GONNA GO AHEAD.

SORRY, CAN I ASK A QUICK QUESTION? OH, SURE.

UH, JUST SO I'M FULLY UNDERSTANDING.

UM, SO THE 35 DAY TIMELINE WITH THE 10 DAYS FOR THE LETTER, THESE REPAIRS TO THE BALCONIES NEED TO BE MADE AND THEN CONFIRMED BY A CODE INSPECTOR.

THAT, THAT THAT'S CORRECT.

THAT WOULD BE, THAT WOULD BE THE SUBSTANCE OF THE ORDER.

SO, UH, WE HAD A MOTION, UH, PENDING, UH, COMMISSIONER SIG SECONDED BY COMMISSIONER OLUGO AND I AM CALLING THE QUESTION AND, UH, COMMISSIONER CAMPBELL.

COMMISSIONER OLUGO AYE.

COMMISSIONER FRANCIS AYE, CHAIR COMMISSIONER BENO AYE.

COMMISSIONER SIG AYE UH, AYE AM IN FAVOR? SO CHAIR VOTES AYE.

UH, THE, UH, REMAINING COMMISSIONERS ARE NOT PRESENT.

SO THAT'S SIX AYES, NO NAYS, NO P N V.

THE MOTION CARRIES.

AND, UH, I WANT TO THANK, UH, INSPECTOR BARRY FOR YOUR PRESENTATION.

THANK THE OWNERS FOR BEING HERE TONIGHT FOR YOUR TESTIMONY, AND WE CAN MOVE ON TO THE NEXT AGENDA ITEM.

ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 20 23 0 700 706 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 1 6 100 JANUARY DRIVE.

[5. Case Number: CL 2023-070716 Property address: 11610 January Drive / Owner: Beard Development Group, LLC]

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

HERE ARE SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE WITH AN ACCESSORY STRUCTURE.

THE CASE WAS OPENED IN JANUARY, 2023 AS THE RESULT OF A COMPLAINT.

THERE ARE NO ACTIVE PERMITS FOR THIS.

PROPERTY CONDITIONS ARE CONSIDERED UNSAFE AND SUBSTANDARD AND REQUIRE REPAIR.

IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE NOTICES OF VIOLATION,

[01:25:01]

NOTICES OF HEARING FOR TONIGHT'S MEETING, AND PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO E.

COMMISSIONERS 11 6 10.

JANUARY IS A SINGLE FAMILY HOME IN A NORTHWEST NEIGHBORHOOD OF SIMILAR HOMES.

THIS HOME IS ONE QUARTER MILE EAST OF NORTH OAKS NEIGHBORHOOD PARK.

A RESIDENT COMPLAINT WAS CALLED INTO THE 3 1 1 CODE COMPLAINT SYSTEM FOR A VACANT HOME WITH SANITATION AND STRUCTURAL DEFICIENCIES.

THE 3 1 1 DATABASE SHOWS NINE RESIDENT COMPLAINTS FOR THIS PROPERTY SINCE 2020.

AUSTIN CODE INSPECTORS INSPECTED THE PROPERTY AND DOCUMENTED THE DEFICIENCIES.

A NOTICE OF VIOLATION WAS MAILED TO THE HOMEOWNER AND ALSO POSTED AT THE PROPERTY.

DOCUMENTATION IN YOUR READER SHOWS THE CASE HISTORY AND CONTINUING NON-COMPLIANCE PHOTOS IN THIS PRESENTATION SHOW THE PROPERTY CONDITION.

SO TWO A IS THE STREET VIEW OF 11 6 10 JANUARY.

IT'S RECENTLY BEEN PAINTED, UM, BUT IT IS STILL MISSING THE NECESSARY ROOF.

GO TO THE NEXT PHOTO.

UM, THIS IS THE SIDE VIEW OF THE PROPERTY.

A BROKEN WINDOW, UM, WAS BOARDED UP THROUGH AN E B SS PROCEDURE BY THE CITY.

UM, YOU KNOW, WE, WE FOUND IT BROKEN AND SOME RUBB IS STILL THERE ON THE GROUND.

GO TO THE NEXT PHOTO.

UM, THIS IS BEHIND THE REAR FENCE OF THE PROPERTY.

YOU KNOW, THIS IS STANDING AT THE FENCE LINE AND LOOKING INTO THE REAR OF THE PROPERTY, WE SEE RUBBISH ON THE GROUND FROM SOME CONSTRUCTION ACTIVITY.

THERE'S A TEMPORARY POLE, UM, ASSOCIATED WITH AN EXPIRED BUILDING PERMIT, AND THERE'S AN ACCESSORY STRUCTURE, WHICH IS ALSO NOTED IN THE ORDER AS A STRUCTURAL DEFICIENT.

UM, IT'S ALSO OPEN AND ACCESSIBLE, BUT IT IS IN THE FENCED REAR REAR YARD.

I BELIEVE THAT'S PROBABLY DAMAGED FROM CONSTRUCTION AND NOT VANDALISM.

GO TO THE NEXT PHOTO.

UM, THIS IS THE DETAIL OF THE ROOF.

UM, YOU KNOW, IN THE STREET VIEW, IT'S NOT NECESSARILY EASY TO TELL, BUT IT'S, IT'S JUST UNTREATED PLYWOOD AND, YOU KNOW, CHIPBOARD PLYWOOD OUT THERE WEATHERING, UM, FOR ALMOST THE ENTIRE TIME WE'VE HAD THIS CASE, GO TO THE NEXT PHOTO.

UM, AND THIS IS LOOKING THROUGH THE WINDOW.

I BELIEVE YOU'RE ACTUALLY LOOKING THROUGH THE SAME WINDOW THAT WAS BOARDED UP NEXT TO IT.

UM, THE INTERIOR OF THE HOME, YOU CAN SEE, YOU KNOW, IT, IT'S ESSENTIALLY GUTTED FROM THE CONSTRUCTION PROJECT, UM, AND THE KNOW IT KEEPS GAINING WEATHER.

IF YOU LOOK AT THE TOP OF THE PHOTO, YOU'LL SEE RIBBONS, SUNLIGHT COMING THROUGH THE INCOMPLETE ROOF.

SO EVERY TIME THERE'S A WEATHER EVENT, THERE'S JUST MORE RAIN AND MORE DAMAGE, UM, TO THIS HOME.

I BELIEVE THAT'S THE LAST PHOTO BECAUSE OF THE EXISTING CON 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 SUBSTANDARD WITH UNSAFE CONDITIONS.

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

E STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING.

ALRIGHT, THANK YOU COORDINATOR.

TWO, REPAIR ALL SIDED VIOLATIONS TO BOTH THE RESIDENTIAL AND ACCESSORY STRUCTURES WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

THREE REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE AND FOUR ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.

THEY'LL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.

RA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

ALL, UH, WITHOUT OBJECTION, CHAIR ADMITS EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO E AND UM, DO WE, WE HAVE A, A REPRESENTATIVE OF THE PROPERTY OWNER REGISTERED TO TESTIFY ON THIS.

WE HAVE TWO PEOPLE REGISTERED TO SPEAK.

UH, THE OWNER, WALFORD ELAND IS THE NEW OWNER AND, UH, THE

[01:30:01]

FIRST POSITION LENDER, LINCOLN GARDNER ARE BOTH REGISTERED TO SPEAK ONLINE.

ONLINE.

AND ARE THE, DO WE HAVE THEM ON THE PHONE? I'M NOT SURE.

YES, IT, OKAY.

UH, SO STAR SIX IS THAT, SO WE'RE, YOU MAY WANNA HIT STAR SIX TO UNMUTE THEIR PHONES.

ARE YOU, UM, HERE, MR. ELAND, UH, LINCOLN GARDNER? I'M WANT, YES, I'M ON FOR ELAND.

I'M NEW ORDER.

SORRY, I CAN YOU HEAR ME? I'M HAVING SOME, I'M HAVING SOME DIFFICULTY HEARING YOU.

IS THIS MR, IS THIS, UH, JUAN FOR ELAND ? HELLO? YES.

YEAH, WHO AM I? WHO DO I HAVE? HEY, THIS IS JUAN FRYMAN, THE OWNER OF 1 1 6 1.

OH, I JUST TOOK OVER THE PROPERTY.

DO YOU WANT TO, UH, BEGIN YOUR, BEGIN YOUR TESTIMONY? UH, YES.

UH, SO, YOU KNOW, WE JUST, WE JUST ACQUIRED THE PROPERTY ON FRIDAY AND, UH, WE'VE ALREADY SUBMITTED THE, UH, THE BUILDING PERMIT APPLICATION, SO THAT'S GETTING PROCESSED AS WE SPEAK.

UM, YOU KNOW, I JUST GOTTA GET THE SURVEY OUT OR THE PLOT OF LAND INTO THE, INTO THE REVIEW OF THE, OF THE INTAKE INFORMATION.

BUT, UH, WE'RE GONNA GET THIS PROPERTY TURNED AROUND HERE, YOU KNOW, WITHIN 60 TO 90 DAYS, HOPEFUL, A LITTLE SHORTER THAN THAT, AND, YOU KNOW, APPLY FOR ALL THE, YOU KNOW, THE NECESSARY, UM, BUILDING PERMITS.

UM, SO YOU'RE SAYING, UH, 60 TO 90 DAYS TO COME INTO COMPLIANCE WITH THE, WITH THE ORDER? IS THAT, IS THAT WHAT I'M HEARING? YES, YES.

UH, YOU KNOW, WE, IT, IT SHOULD BE PRETTY QUICK, BUT, YOU KNOW, THIS 90 DAY CUSHION, YOU KNOW, JUST FOLLOW OFF PROCEDURES AND, YOU KNOW, JUST, JUST GET THE HOUSE UP TO, UP TO PAR, YOU KNOW.

UH, DOES THAT CONCLUDE YOUR, YOUR TESTIMONY TO THE COMMISSION? IT DOES.

THANK YOU MR. RYLAND.

UH, DO WE ALSO HAVE A LINCOLN GARDNER ON THE PHONE? YES, THIS IS LINCOLN GARDNER.

THAT TRANSACTION CLOSED ON JULY 21ST, 2023.

THANK YOU FOR LETTING ME JOIN IN.

I'VE, I'VE BEEN SWORN IN.

CAN YOU HEAR ME? YES, YES, I CAN GO.

GO AHEAD.

MR. GARDNER.

YES, I'M, I'M THE MANAGER OF BELL ROCK INCOME FUND, ONE L L C IN AUGUST OF 2021.

BELL ROCK INCOME FUND, ONE L L C PROVIDED FINANCING TO BEER DEVELOPMENT GROUP FOR THE PURCHASE OF THE PROPERTY.

AND DISCUSSION, THE BORROWER BEER DEVELOPMENT GROUP, L L C FAILED TO COMPLY WITH ALL OF THE TERMS OF THE LOAN AND BELL ROCK INCOME FUND ONE L L C ENGAGED AT LEGAL COUNSEL TO COMMENCE FORECLOSURE PROCEEDINGS.

THAT PROPERTY WENT TO TRUSTEE SALE AND BELL ROCK INCOME FUND ONE L L C WAS THE HIGHEST BIDDER AT THE TRUSTEE SALE ON JULY 5TH, 2023.

THAT WAS CONDUCTED AT THE TRAVIS COUNTY COURTHOUSE.

SUBSEQUENT TO THAT TRUSTEE SALE, BELL ROCK INCOME FUND, ONE SOLD THE PROPERTY TO WI SERVICES L L C OF WHICH ONE PER ISLAND IS THE OWNER AND MANAGER.

BUT BELL ROCK INCOME FUND ONE IS CLAIMED TO CONTINUE TO PROVIDE FINANCING FOR THE ACQUISITION OF THE PROPERTY AS WELL AS FINANCING FOR THE RENOVATION OF THE PROPERTY TO W I SERVICES L L C TO, UH, REPAIR THE PROPERTY, UH, INCLUDING ALL THINGS THAT HAVE BEEN MENTIONED.

UH, AND THEN, AND THEN, YOU KNOW, LIST THE PROPERTY FOR SALE FOR PROFIT.

SO WE, WE ASKED THAT GIVEN, GIVEN THAT WE'RE, GIVEN THAT W I SERVICES L L C, YOU KNOW, BARELY TOOK OVER THE PROPERTY.

IN FACT, WE ONLY WERE AWARE OF THIS NOTICE BECAUSE HE FOUND IT ON THE POSTAGE ON THE FRONT DOOR, HAVING TAKEN IT OVER.

AND WE ASKED THAT, YOU KNOW, A SUFFICIENT AMOUNT OF TIME BE PER BE PERMITTED GIVEN THAT HE IS NOW THE NEW OWNER, UH, THAT THE PRIOR OWNER WHO IS TO BE BLAMED FOR THE NOTICE, UH, IS NO LONGER INVOLVED IN THE PROPERTY, THAT THIS NEW OWNER HAS EVERY INTENTION OF, YOU KNOW, REPAIRING AND MAKING SURE THAT ALL ITEMS ARE BEING PROPERLY ADDRESSED.

TO BE ABLE TO ENSURE THAT WE CAN GET EVERYTHING THAT'S ON THE LIST.

AND MR. GARDNER, JUST VERY QUICKLY, WHAT WOULD YOU DEEM A SUFFICIENT AMOUNT OF TIME GIVEN, GIVEN WHAT WE ARE NOW ENCOUNTERING, UH, AND WHAT HE HAS BEEN, YOU KNOW, LESS THAN A WEEK? UH, AS, AS OWNER, WE WOULD, WE WOULD LIKE TO ADVOCATE FOR 90 DAYS

[01:35:01]

YOU KNOW, WE'RE, WE'RE RIGHT NOW INSPECTING ALL ITEMS. HE'S ALREADY TAKEN EFFORTS TO FILE ALL PROPER PERMITS, SO WE'RE ALREADY ON THE RIGHT COURSE OF ACTION AND IT'S ONLY BEEN FIVE DAYS SINCE THE TRANSACTION CLOSED.

UH, THANK YOU MR. GARDNER.

DID YOU HAVE ANYTHING FURTHER BEFORE I, UH, OPEN IT UP FOR QUESTIONS? NOTHING FURTHER.

THANK YOU MR. GARDNER.

UH, TO MY FELLOW COMMISSIONERS, UH, ANYBODY HAVE QUESTIONS FOR OKAY, COMMISSIONER BENIG? NO, UH, I JUST HAVE A QUESTION, I GUESS, FOR REPRESENTATION OF THE PROPERTY.

UM, ARE YOU AWARE THAT, AND I WANNA MAKE SURE I SAY THIS CORRECTLY, THAT ALL EXPENSES YOU INCUR, UH, REPAIRING THE PROPERTY IN LINE WITH THE RECOMMENDED ORDER COULD OFFSET WHATEVER FINES YOU END UP ACCRUING.

SO IF YOU END UP DUE INCURRING ANY FINES, IF IT STRETCHES PAST WHATEVER TIMELINE, WE END UP DECIDING ON KEEP RECEIPTS OF THE EXPENSES YOU INCUR BECAUSE THOSE WILL BE OFFSET BY THE FINES, OR THE FINES WILL BE OFFSET BY THE EXPENSES.

IS THAT CORRECT, COMMISSIONER? YEAH, I, I THINK THAT'S CORRECT.

I WOULD, I WOULD PROBABLY WANT TO GO TO COUNSEL ON THAT TO MAKE, MAKE SURE, BECAUSE I'M NOT SURE IN, I BELIEVE IN ALL CIRCUM.

WELL, YEAH, I THINK THAT'S CORRECT.

I, YEAH, I BELIEVE THAT'S CORRECT.

FOR SINGLE FAMILY PROPERTIES, I BELIEVE THAT'S CORRECT AND RIGHT.

I GUESS MAYBE, UH, MELANIE CAN, I'M SAYING RIGHT.

THAT THAT STATEMENT IS CORRECT.

GREAT.

THANK YOU MARLENA FOR THE RECORD.

OKAY, SO THAT, WAS THAT THE EXTENT OF YOUR REMARKS TO THE OWNER? I GUESS THE QUESTION WAS, ARE YOU AWARE THAT THAT IS THE CASE? OKAY.

UM, AND, UH, UH, SO TO THE OWNER'S REPRESENTATIVES, MRS. UH, GARDNER AND ISLAND, DID YOU, DID YOU HEAR THE COMMISSIONER'S QUESTION? YES, WE ARE AWARE.

OKAY, VERY GOOD.

YES, WE ARE.

UH, ANYONE ELSE? OKAY, I MOVE TO CLOSE THE PUBLIC HEARING.

MS. UH, COMMISSIONER OLUGO MOVES TO CLOSE THE PUBLIC HEARING.

SECOND COMMISSIONER BENIGNO SECONDS, AND WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING TO THE OWNERS.

UH, THAT MEANS, UH, PLEASE REMAIN ON THE LINE IN CASE WE DO HAVE QUESTIONS FOR YOU, BUT THE PUBLIC, UH, DISCUSSION IS CONCLUDED OTHERWISE, AND IT, SO IT'S JUST GONNA BE THE COMMISSIONERS UNTIL WE HOPEFULLY VOTE.

SO, UM, WITH THAT, I GUESS, LET ME DO THIS THOUGH, BEFORE I, I GO TO DISCUSSION, UH, UH, SUPERVISOR, UH, DOWNING, UH, IF I MAY, UH, ALSO CHAIR, DID YOU ADMIT THE STAFF'S FINDINGS AND CONCLUSIONS OF LAW? I BEG YOUR PARDON? DID YOU ADMIT THE STAFF'S FINDING AND CONCLUSIONS OF LAW? I THEY WERE INCLUDED IN THE EXHIBIT BUNDLE THAT I ADMITTED.

SO YEAH.

THANK YOU FOR THAT.

UH, AND, UH, SO SUPERVISOR, UH, SO I NOTICED THIS, THIS HAS, UH, SUBSTANDARD AND UNSAFE CONDITIONS LISTED IN THIS, UH, WHAT ARE YOUR THOUGHTS ABOUT THE PROPOSAL THAT WE EXTEND TO 60 OR 90 DAYS? UH, IS THERE PART OF IT YOU WOULD FEEL MORE COMFORTABLE WITH THAN, THAN OTHER PARTS OF THE ORDER? OR JUST IF YOU HAVE THOUGHTS ON THAT? IT SEEMS PERFECTLY REASONABLE.

UM, YOU KNOW, YOU SEE THE PUBLIC VIEW WHERE IT'S BEEN REPAINTED AND THERE IS A PRIVACY FENCE THAT KEEPS THE, THE BACKYARD SECURE.

UM, ANY FULL DISCLOSURE, WE'RE GETTING MORE OWNER PARTICIPATION AT THIS MEETING THAN WE'VE HAD THROUGHOUT THE CASE MANAGEMENT HISTORY.

UM, AND I'LL THANK EVERYONE HERE.

IT'S, IT'S THE WEIGHT AND AUTHORITY OF THIS COMMISSION THAT'S, YOU KNOW, MADE THIS HAPPEN.

SO OUR THANKS FOR THAT.

THANK YOU VERY MUCH.

UM, SUPERVISOR, UM, ANYONE HAVE A MOTION? COMMISSIONER FRANCIS GERALD, I'LL MAKE THE MOTION TO, UH, ADOPT STAFF'S PROPOSED FINDINGS OF FACTS IN CONCLUSION OF LAW RECOMMENDED ORDER, EXCEPT FOR CHANGES TO TWO AND FOUR TO MOVE FROM 45 DAYS TO 90 DAYS.

I SECOND.

SO I HAVE A MOTION FROM, UH, COMMISSIONER FRANCIS, BUT I AM GOING TO, I'M GONNA, BEFORE TAKING ACTION ON THAT MOTION BEFORE LOOKING FOR A SECOND, I'M GONNA ASK FOR THE CITY'S ATTORNEY TO WEIGH IN ON THIS.

IS THAT ? WE'VE ALREADY GOT SECOND SECONDED, SO WE CAN HAVE DISCUSSION.

UM, WHO'S SECONDED? I HAVE SECONDED, BUT I WOULD ALSO WANT TO HEAR, BUT THE CITY ATTORNEY IN CASE THERE'S SOMETHING SUCH, OKAY.

SO JUST FOR PROCEDURAL PURPOSES, WE HAVE A MOTION THAT IS, THAT IS SECONDED.

UH, BUT I, I BELIEVE IT'S OKAY FOR US TO TABLE LONG ENOUGH TO HEAR FROM.

YEAH, YOU CAN LEAVE A MOTION HANGING.

RIGHT, RIGHT.

SO, UM, UH, CITY'S ATTORNEY, , UH, THANK YOU CHAIR.

UM, UH, I WOULD JUST LIKE TO RECOMMEND, UM, THAT THE COMMISSION CONSIDER POSTPONING THIS ITEM, UM, TO PERMIT THE NEW PROPERTY OWNER TO, UM, TO COMPLY, UM, WITH CITY CODE AND REMEDY THE VIOLATIONS

[01:40:01]

BEFORE ISSUING AN ORDER.

SINCE THE SALE WAS SO RECENT, UM, I'D JUST LIKE TO PROPOSE THAT FOR YOUR CONSIDERATION.

AND IS THAT BASED ON, UH, IN THE CITY'S EXPERIENCE? DOES, DOES IT, CAN IT ADVERSELY AFFECT ENFORCEMENT OR CAN, OR A LITIGATION POSTURE IF WE TAKE ACTION TO RECENTLY AFTER THE, OKAY.

UM, SO, UH, SO IN LIGHT OF THAT, IN LIGHT OF COUNSEL'S RECOMMENDATION, DOES, DOES, DOES ANYBODY, AND WITH THE MOTION, THE SECONDED MOTION PENDING, I SHOULD PART OF DISCUSSION ON THAT MOTION, BUT I I JUST, CAN WE CLOSE THE MOTION? I'LL, I'LL WITHDRAW MY MOTION.

SO THE MOTION IS WITHDRAWN AND SO WE'RE BACK TO DISCUSSION.

DOES ANYBODY HAVE THOUGHTS ON, UH, I, I SUPPOSE THE CLEANEST WAY TO DO IT WOULD BE TO CONTINUE FOR SOME SPECIFIED PERIOD OF TIME, WHICH MEANS WE'D HAVE TO SEE THIS AGAIN IN A MONTH.

UH, OR TWO CHAIR.

CAN I ASK A QUESTION OF THE COUNCIL? OKAY.

COMMISSIONER OLUGO, IF, UH, IF THESE FOLKS, LET'S SAY THEY GET RIGHT ON IT AND THEY GET IT DONE, LET'S SAY IN TWO WEEKS, MIRACLE, BUT LET'S SAY THEY GET IT DONE, WOULD IT STILL COME BACK TO THE COMMISSION OR WOULD IT BE WRAPPED UP? I'M HERE SEEING FROM MELANIE SHAKING HER HEAD.

SO THAT'S A NO.

I'LL LET ONE OF THE, I'LL LET SUPERVISOR DOWNING ANSWER THAT.

UM, IF THE PROPERTY WAS MADE COMPLIANT, YES, WE GO AHEAD AND CLOSE THE CASE AND THAT WOULD BE END OF THE END OF OUR MANAGEMENT OF IT.

UM, IN REAL PRACTICE, AS WE DISCUSSED WITH, YOU KNOW, OTHER PROJECTS NEEDING DEMOLITION AND REPAIR, THE PERMIT CYCLE WILL PROBABLY BE THE RESTRICTING FACTOR.

SO, UM, EVEN WITH EVERYONE MAKING THEIR BEST EFFORTS, ODDS ARE THAT THIS CASE WILL STILL BE OPEN IN WITH 60 OR 90 DAYS.

WITH THAT IN MIND, UH, 'CAUSE I KNOW WE GENERALLY TRY TO AVOID POSTPONING, HOW WOULD FOLKS FEEL ABOUT, LET'S SAY, POSTPONING THIS TO THE SEPTEMBER MEETING? RIGHT? 'CAUSE IT'S A BIT TIGHT FOR AUGUST NOW, IF WE WANT TO LEAVE IT TO AUGUST, WE CAN, RIGHT? BUT IF WE WANNA GIVE THEM THE TIME THAT THE PREVIOUS OWNER, IF WE WANTED TO GIVE THE TIME THAT THEIR PREVIOUS OWNERS HAD, SEPTEMBER WOULD BE MORE EQUIVALENT.

WE CAN GIVE YOU TO AUGUST, OBVIOUSLY, IF WE JUST PUTTING BOTH IDEAS OUT THERE.

UH, COMMISSIONER BENINGO, I, I HAVE A QUESTION FOR COUNSEL.

WHAT'S THE LONGEST WE CAN TABLE IN ITEM FOUR? UM, COMMISSIONER, THERE'S, THERE'S REALLY NO LIMIT ON THAT.

UM, AS LONG AS YOU ARE, UM, AS LONG AS YOU'RE CONTINUING IT TO A, A DATE CERTAIN, SO YOU DO HAVE TO, YOU DO HAVE TO SELECT A DATE, OTHERWISE YOU HAVE TO, UM, KIND OF REDO THE ENTIRE HEARING, UM, .

BUT IF YOU WANT TO KIND OF PRESERVE THIS PART OF THE RECORD THAT'S ALREADY BEEN STARTED, YOU CAN CONTINUE TO A DATE CERTAIN AND THEN JUST CONTINUE THE CONVERSATION AND, UM, STAFF CAN PRESENT NEW TESTIMONY AS CAN THE PROPERTY OWNERS.

GREAT.

THEN I WILL NOT MAKE THE MOTION.

I'LL LET SOMEONE ELSE THAT IS BETTER AT MAKING THE MOTIONS DO IT MAYBE, BUT I WOULD DEFINITELY BE OPEN TO TABLING FOR THREE MONTHS TIME, 90 DAYS ESSENTIALLY.

SO WHENEVER THAT IS IN OUR MEETING CYCLE WITH THE EXACT DATE, I WOULD BE OPEN TO THAT MOTION.

I'M GOING TO MAKE A MOTION TO REVISIT THIS CASE IN THE FOURTH WEDNESDAY OF SEPTEMBER.

WE HAVE A, A MOTION BY COMMISSIONER OSTA LUGO TO CONTINUE UNTIL OUR SEPTEMBER, OUR REGULAR SEPTEMBER MEETING.

DO I HEAR A SECOND? WAS THAT A VALID MOTION? COUNSEL? OKAY.

I'LL SECOND.

UH, UH, OKAY, SO THE MOTION IS SECONDED BY, UH, COMMISSIONER CAMPBELL.

DO WE HAVE ANY DISCUSSION ON THE MOTION? I I DO HAVE ONE.

I GUESS THAT'S MORE LIKE 60 DAYS.

SHOULD WE? WELL, SO YOU WANTED OCTOBER.

I DIDN'T KNOW WHAT YOU MEANT BY THREE MONTHS.

WELL, WE WERE GONNA GO WITH 90.

I THINK THAT'S ROUGHLY THE OCTOBER MEETING.

UM, I DON'T REALLY CARE.

I WAS JUST CURIOUS IF THERE WAS A SPECIFIC, IF WE WANNA GO TO OCTOBER, WE CAN.

YEAH, SO I GUESS AUGUST WOULD, YEAH, IT'S ALL, IT'S ALL THE SAME.

WOULD PEOPLE PREFER OCTOBER? IT WAS JUST THE EQUIVALENT NUMBER OF DAYS, BUT, UH, IT'S DOESN'T MATTER MUCH TO, SO YOU WANNA MAKE THAT THE, DO YOU WANNA TAKE TO TAKE THE FORM OF A FRIENDLY AMENDMENT? COMMISSIONER? BINGO.

YES.

I WOULD LIKE TO OFFER A FRIENDLY AMENDMENT TO YOUR MOTION TO MAKE IT THE FOURTH WEDNESDAY OF OCTOBER.

YOUR AMENDMENT IS ACCEPTED.

COMMISSIONER MENO.

IN SPIRIT OF FRIENDLINESS.

AND, UH, COMMISSIONER FRANCIS, MELANIE, IS THAT, HOW DOES THAT PLAY WITH YOUR SCHEDULE? UM, YES, THAT'S, IT WORKS FOR YOU.

AND WOULD YOU WANNA BRING IT BACK IF THEY COME INTO COMPLIANCE OR IF THEY COME INTO COMPLIANCE? I DON'T SEE A REASON FOR IT BROUGHT BACK.

WE PULL IT.

YEAH, I AGREE.

YOU PULL IT FROM THE AGENDA.

I JUST WANNA MAKE SURE WE'RE NOT DUMPING SOMETHING ON THE OCTOBER AGENDA THAT NO, WE DON'T HAVE THE OCTOBER AGENDA SET YET, SO, OKAY.

CHAIR THIS WOULDN'T BE AN ORDER SO MUCH AS JUST, UM, YEAH, AN ACTION THAT'S BEING TAKEN BY THE, BY THE COMMISSION.

SO THEN I GUESS THE CHAIR HAS A QUESTION FOR COUNSEL.

IS IT NECESSARY FOR US TO INCLUDE IN THE ORDER A PROVISO TO THE EFFECT THAT IN THE EVENT IT COMES INTO COMPLIANCE, WE DON'T WANT TO SEE IT AGAIN? OR IS THAT JUST IMPLIED IN ALL ORDERS? WE, UM,

[01:45:01]

SO, UM, IF THE COMMISSION WANTS TO QUALIFY THAT CONTINUANCE BASED ON, YOU KNOW, SOME KIND OF UPDATED COMPLIANCE STATUS, YOU'RE WELCOME TO.

AND THEN COMMISSIONER CAMPBELL, DID I SEE A HAND? NO.

SO I, I BELIEVE WE HAVE, UH, A MOTION AMEND AMENDED ACCEPTABLY TO THE AUTHOR AND SECONDED IF I'M TRACKING AND, AND CORRECT ME IF I'M WRONG, UH, TO CONTINUE, UH, THIS CASE UNTIL OUR REGULAR OCTOBER MEETING.

AND IF I'VE SAID THAT CORRECTLY, THEN I'D LIKE TO GO AHEAD AND, AND GET A VOTE ON THAT UNLESS ANYBODY HAS FURTHER QUESTIONS.

SO I WOULD SAY, I WOULD SAY THE ONLY THING I WOULD WANNA SAY TO THE PROPERTY OWNERS IS THAT SEE YOU IN OCTOBER.

THANK YOU ATTORNEY SHERIFF.

IDEALLY WE WON'T SEE YOU OCTOBER, BUT UM, YOU KNOW, HOPEFULLY WE CAN GET THIS DONE WITHOUT AFFECTING THE OCTOBER SCHEDULE TOO MUCH.

THANK, THANK YOU FOR THAT COMMISSIONER.

AND SO I'LL GO AHEAD AND CALL THE QUESTION AND COMMISSIONER CAMPBELL.

COMMISSIONER FRANCIS AYE.

COMMISSIONER OLUGO? AYE.

COMMISSIONER BENA AYE.

COMMISSIONER SIG AYE.

AND, UH, CHAIR VOTES, AYE, UH, OUR CHAIR AND VICE CHAIR ARE NOT PRESENT.

SO THAT'S, I HAVE SIX AYES, NO NAYS, NO PRESENCE, AND IT CARRIES, THE MOTION CARRIES.

WE CAN MOVE ON TO OUR, UH, NEXT ORDER OF BUSINESS, UH, TO THE PROPERTY OWNERS, REPRESENTATIVES ON THE LINE.

UM, COMMISSIONER'S DECISION WILL BE MAILED TO YOU AND, UH, WAIT, I'M SORRY, I DON'T THINK, WE DIDN'T GIVE AN ORDER SO THERE'S NOTHING TO MAIL, SO STRIKE THAT.

, UH, THE COM THE, THE, UH, CASE HAS CONTINUED AND, UH, UH, JUST TO STAY IN TOUCH WITH STAFF.

SO, UM, I WILL MOVE TO, UH, ITEM AGENDA.

ITEM NUMBER SIX.

CHAIR, I BELIEVE MR. SIG, HOW MR. SIG, WILL YOU BE ABLE TO, WHAT TIME DO YOU HAVE TO LEAVE? I HAVE, YEAH, I HAVE TO LEAVE AT 8 45.

UH, IT IS 8 38 RIGHT NOW, SO IF WE TALK REALLY FAST AND IF IT'S A, IT IS AN EASY PROPERTY, WE CAN TAKE CARE OF IT.

I'M, I'M WILLING TO TRY, IF EVERYONE ELSE IS, SO WITHOUT OBJECTION, WE CAN, WE CAN.

I'LL TRY TO SPEED THROUGH THIS.

SIX ON THE AGENDA IS CASE NUMBER CL 2 2 3 0 8 7 180 3 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 8 0 7 DUVAL STREET.

OKAY, GREAT.

ITEM NUMBER

[6. Case Number: CL 2023-087183 Property address: 4807 Duval Street / Owner: Lyle Leroy Davis]

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

HERE ARE SOME FACTS ABOUT THIS CASE.

THIS CASE HAS BEEN AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE AND ACCESSORY STRUCTURE.

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

THERE ARE NO ACTIVE PERMITS FOR THIS.

PROPERTY CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.

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

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICE OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS IN EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO K, AND THE RECOMMENDED ORDER CODE INVESTIGATOR ALICIA TOVAR IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.

INVESTIGATOR TOVAR, PLEASE BEGIN YOUR TESTIMONY.

HI, GOOD EVENING, COMMISSIONERS.

MY NAME IS ALICIA TOVAR AND I'M AT CODE, EXCUSE ME, CITY OF AUSTIN, CODE INVESTIGATOR FOR THE CENTRAL NORTH DIVISION.

THE CASE I'M PRESENTING FOR YOU THIS EVENING IS 47 0 0 8 DUVAL STREET ON DECEMBER 5TH, 2022.

I WAS PERFORMING A FOLLOW-UP INSPECTION TO VERIFY THE CITY'S ABATEMENT ON A PREVIOUS CASE.

I NOTED THE STRUCTURE VIOLATION OF THE MAIN STRUCTURE NUMBER ONE, AS WELL AS THE DETACHED CRUSH STRUCTURE THAT WAS HIDDEN BY THE HIGHWAYS AND GRASS.

FOR CLARIFICATION PURPOSES, I'LL REFER TO THE MAIN STRUCTURE AS STRUCTURE NUMBER ONE AND THE DETACHED GARAGE STRUCTURE AS STRUCTURE NUMBER TWO.

THE ENTIRE PROPERTY HAD HIGH WEEDS AND GRASS.

ON DECEMBER 5TH, 2023, A NOTICE OF VIOLATION WAS SENT OUT VIA CERTIFIED MAIL TO THE TCAP PROPERTY OWNER FOR THE STRUCTURAL AND ABATEMENT VIOLATIONS.

ON MARCH 17TH, 2023, A FOLLOW-UP INSPECTION WAS PERFORMED AND NO COMPLIANCE HAD BEEN ACHIEVED.

EXCUSE ME.

ON JUNE 1ST, 2023, A TCA TCAT RESEARCH DETERMINED CHANGING IN OWNERSHIP ADDRESS.

AND THEN NOTICE OF VALIDATION WAS GENERATED MAIL DOT VIA CERTIFIED MAIL AS WELL AS POSTED ON SITE ON JUNE 6TH, 2023.

A FOLLOW-UP INSPECTION WAS REFORMED TO VERIFY COMPLIANCE FOR THE HIGH WEEDS AND GRASS.

ON JULY, I'M SORRY, ON JUNE 7TH, 2023, A CUT LIST WAS CREATED TO ADDRESS THE ABATEMENT PROCESS ON, EXCUSE ME, OH 7 10 20 23.

I CREATED A CASE FILE FOR B

[01:50:01]

S C REVIEW.

TONIGHT I'LL BE PRESENTING PHOTOGRAPHS EXHIBITS TWO A THROUGH TWO K.

THESE PHOTOGRAPHS ARE TRUE AND ACCURATE, DEPICTION OF THE VIOLATIONS AND CONDITIONS AT TIMES AND DATES.

THE PHOTOS WERE TAKEN.

PHOTOGRAPH TWO A, PHOTOGRAPH TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE FRONTAGE OF THE STRUCTURE AND PROPERTY STRUCTURE.

NUMBER ONE IS A SINK OF STORY WOOD FRAME STRUCTURE ON POST AND BEAM.

THE AT THE TIME IT IN, UH, TIME.

AT THIS TIME, THE STRUCTURE WAS SECURED FROM AN AUTHORIZED ENTRY.

PHOTOGRAPH TWO B PLEASE.

TWO BS A SHOT OF THE RIGHT SIDE, RIGHT LOWER WALL.

YOU CAN SEE THE ASBESTOS SIDING IS MISSING, EXPOSING THE IN THE WOOD, EXPOSING THE WOOD SIDE INTO THE ELEMENTS OF NATURE.

PHOTOGRAPH TWO C, PHOTOGRAPH TWO C IS A CLOSEUP SHOP OF THE RIGHT DOOR.

YOU CAN SEE THE BACK SPLASH HAS CAUSED DETERIORATION TO THE EXTERIOR WALLS AS WELL AS WELL.

AS YOU CAN SEE, THE MOISTURE HAS, HAS LEFT WATER STAINS ON THE EXTERIOR WALLS.

THE BACK SPLASH DAMAGED THE EXPOSED WOOD FRAME TO THE ELEMENTS IN NATURE.

PHOTOGRAPH TWO D IS A PHOTOGRAPH OF THE REAR CORNER OF THE WALL OBSTRUCTION NUMBER ONE, IN ATTEMPT TO REPAIR THE DAMAGED SKIRTING.

A STUCCO PLASTER WAS HAPHAZARDLY USED AS SIDING O TO COVER THE SKIRTS.

PHOTOGRAPH TWO E, PHOTOGRAPH TWO E IS ANOTHER PHOTOGRAPH OF THE MISSING AND SPECIFIC SIDING AS WELL AS YOU CAN SEE THE MISSING VENT, WHICH COVERS THE CRAWL SPACE.

PHOTOGRAPH TWO F IS A CLOSEUP SHOT OF THE REAR POINT AND PORCH.

YOU CAN SEE THE EXIT IS SEVERELY DETERIORATING, LACKING STRUCTURAL INTEGRITY.

PHOTOGRAPH TWO G, PHOTOGRAPHS TWO G AND TWO H IS CONTEXTUAL PHOTOGRAPHS OF STRUCTURAL NUMBER TWO, A SINGLE STORY WOOD FRAME DETACHED GARAGE ON GRADE WITH WOOD SIDING.

THE WOOD SIDING HAS NO PROTECTIVE COATING AND EXPOSING THE WOODS TO THE ELEMENTS OF NATURE.

A WOODEN FENCE HAD BEEN PLACED AROUND THE DETACHED STRUCTURE TO PREVENT UNAUTHORIZED ACCESS.

PHOTOGRAPH TWO I PHOTOGRAPH TWO I IS THE LEFT SIDE OF THE STRUCTURE.

YOU CAN SEE THE RICH BOARD ON THE ROOF IS BOWING DOWNWARD PHOTOGRAPH PHOTOGRAPHS TWO J AND TWO K ARE PHOTOGRAPHS OF THE MAIN STRUCTURE, WHICH WERE TAKEN ON JUNE 12TH, 2023.

THERE TO DEMONSTRATE THAT THE PROPERTY HAS NOT BEEN MAINTAINED ON NOVEMBER 8TH, 2022, THE CITY HAD ABATED.

THE PRO ORIGINALLY ABATED THE PROPERTY.

WE CURRENTLY HAVE A CUT LIST PENDING.

THIS CONCLUDES MY PRESENTATION.

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

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS, 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 IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING.

TWO, REPAIR ALL SIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE AND ACCESSORY 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 46 DAY OF 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.

OKAY, THANK YOU COORDINATOR.

ALL, UH, WITHOUT OBJECTION, CHAIR ADMITS EXHIBITS ONE AND TWO A THROUGH TWO K.

UH, I SHOW THAT WE HAVE AN ANDREW HOMER, UH, REGISTERED.

UH, IT LOOKS LIKE WE DON'T HAVE THE OWNER OR OWNER'S REPRESENTATIVE.

IS THAT CORRECT? HE SHOULD BE ON.

OH, HE SHOULD BE ON.

WELL THEN, THEN LET'S GO TO, IS IT LYLE DAVIS? THAT'S THE OWNER.

UM, ANDREW HOMER IS A NEIGHBOR.

AND DO WE HAVE BOTH? UH, LYLE? JUST, JUST LYLE.

UM, MR. DAVIS, CAN YOU HEAR US? LYLE DAVIS, IF YOU'RE ABLE TO HEAR US AND UNMUTE?

[01:55:03]

HMM.

WELL, UM, I'M NOT SURE HOW BEST TO PROCEED.

UM, WE'RE ABOUT TO LOSE COMMISSIONER SELIG.

UM, I SUPPOSE WE COULD TABLE THIS ONE AND, AND, UH, UH, WE WOULD PROBABLY BE ASKING TOO MUCH TO TRY TO MOVE TO NUMBER SEVEN BECAUSE YOU WERE ALREADY AT 8 45.

IS THAT RIGHT? COMMISSIONER ELLI, YOU GONNA HAVE TO BREAK FORM? I WAS HOPING WE COULD, I WAS HOPING WE COULD GET THROUGH THIS ONE CASE, BUT IT LOOKS LIKE THERE'S SOME TECHNICAL DIFFICULTIES WITH THE OWNERS.

UH, LET ME AND STILL KNOW LYLE DAVIS.

UH, UH, OKAY.

WELL, I I DON'T FEEL, UH, I DON'T FEEL COMFORTABLE TRYING TO TAKE ACTION ON THIS ONE.

UH, IN LIGHT OF THE FACT THAT THE OWNER'S REPRESENTATIVE IS OBVIOUSLY ATTEMPTED TO, TO, TO REACH US.

UH, SO I I I DON'T KNOW WHAT THE CLEANEST, I MEAN, I IMAGINE IF, IF, UH, COMMISSIONER SLY HAS TO BREAK QUORUM AND WE HAVEN'T REACHED THE LAST TWO ITEMS, THEN THE BOARD, WE HAVEN'T REACHED THEM.

THEY'RE JUST, THEY'RE JUST NOT ACTED UPON.

BUT I I I, I DON'T KNOW IF THAT WOULD BE PREFERABLE TO JUST TO, TO ACTUALLY, UH, HA HAVING QUICK MOTIONS TO CONTINUE BOTH OF THEM.

JUST TO, WOULD THAT BE A CLEANER RECORD? I GUESS I CAN HEAR FROM COUNSEL ON THAT.

DO YOU HAVE A, A THOUGHT, UM, CHAIR? UM, YOU WOULDN'T NEED TO CONTINUE THE LAST ITEM ON THE AGENDA AS YOU HAVEN'T BEGUN THE PUBLIC HEARING.

SO, SO OF THE TWO, IT MAYBE JUST FOR A CLEAN RECORD, WE COULD PERHAPS CONTINUE ITEM SIX AND THEN, AND THEN IF, UH, EDWARD NEEDS TO DISCONNECT, THEN WE JUST ITEM SEVEN, IT JUST COMES BACK WHEN IT COMES BACK.

I'M SORRY THAT I'M NOT ABLE TO PARTICIPATE ANY FURTHER, BUT I, I HAVE ANOTHER OBLIGATION THAT I HAVE TO ATTEND TO.

NO, NOT AT ALL.

UH, DOES ANYBODY HAVE A MOTION? I MOTION TO POSTPONE? UM, ITEM NUMBER SIX TO OUR AUGUST, UH, MEETING, THE FOURTH WEDNESDAY OF AUGUST, A MOTION BY COMMISSIONER OLUGO.

ANY SECONDS? SECOND, UH, SECONDED BY COMMISSIONER BENIGNO.

UH, DOES ANYBODY NEED TO HAVE ANY BURNING DESIRES BEFORE I, BEFORE I CALL THE QUESTION ON THAT? SO, NO.

COMMISSIONER CAMPBELL AYE.

SO I'M GONNA GO AHEAD AND, UH, AND VOTE ON THE MOTION TO CONTINUE.

COMMISSIONER SLUGO AYE.

COMMISSIONER FRANCIS AYE.

COMMISSIONER BENIGNA.

COMMISSIONER SULLY AYE.

AND, UH, I VOTE.

UH, SO THE MOTION CARRIES, UH, SIX EYES, NO NAYS.

AND WE WILL, UM, UH, WE'LL HAVE THIS BEFORE ALLUDE QUORUM.

UH, CHAIR, CAN I ASK A QUESTION? CERTAINLY, ABSOLUTELY.

I KNOW THAT FOR THE COMMISSION HAD TO FILL, HAD TO CREATE THE, UM, THAT GOALS, UH, ANNUAL REVIEW MEETING, UH, DOCUMENT.

IS THAT GOING TO BE IMPOSSIBLE TO DO WITHOUT QUORUM? ALRIGHT.

SO QUORUM IS OFFICIALLY, WE ARE SO CHAIR, IF YOU, IF YOU WOULD LIKE TO CON, IF YOU WOULD LIKE TO CLOSE THE MEETING.

UH, SO, SO YOU, SO I SHOULD JUST GO AHEAD AND ADJOURN ENTIRELY? IS THAT, OR JUST CLOSE THAT MEETING ON THAT AND YOU CAN ADJOURN.