Aug 23, 2023 Building and Standards Commission

[00:00:05]

TO ORDER.

THANK YOU.

I CALL THE BUILD

[CALL TO ORDER]

LET THE RECORD REFLECT THAT THE TIME IS NOW 6:39 PM MY NAME IS SHADAY.

I AM A, I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

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

AND A QUICK REMINDER TO OUR COMMISSIONERS THAT ARE REMOTING IN, PLEASE TURN ON YOUR CAMERA AND KEEP IT ON SO AS TO MAINTAIN QUORUM.

ALL RIGHT.

VICE RA HERE.

THANK YOU.

AND COMMISSIONER CAMPBELL HERE.

THANK YOU, COMMISSIONER.

UH, WE HAVE A NEW COMMISSIONER HERE WITH US AS WELL.

COMMISSIONER SUGAR.

UM, IF YOU WANNA JUST SAY A FEW WORDS.

OH, YEP.

I'M HERE.

PLEASURE TO MEET ALL OF Y'ALL THAT I HAVEN'T YET MET.

THOSE WHO I HAVEN'T COME SAY HI TO ME WHEN WE'RE DONE.

.

THANK YOU.

AND COMMISSIONER? UM, OLUGO.

HERE.

HERE.

COMMISSIONER BENIGN.

NO.

UH, HERE.

THANK YOU.

COMMISSIONER TOAD? UH, HERE.

OH, THANK YOU.

UH, COMMISSIONER SIG.

OH, UM, I THINK HE'S ON HIS WAY HERE.

COMMISSIONER FRANCIS.

THANK YOU.

AND WE ALSO HAVE FIRE MARSHALL, UM, DALE HERE WITH US TODAY.

IS THAT RIGHT? OKAY.

ONLINE.

THANK YOU.

YES.

EXCELLENT.

OKAY.

SO BEFORE THE CASES

[PUBLIC COMMUNICATION: GENERAL ]

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

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

THE COMMISSION WILL CONSIDER FOUR CASES FROM FOUR UH, PROPERTIES.

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

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

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

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

STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS WHEN YOUR CASE IS CALLED THE, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.

OR IF YOU ARE PARTICIPATING REMOTELY, PLEASE UNMUTE YOUR PHONE.

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

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

YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED.

YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

WE'LL, A DESIGNATED TIMEKEEPER FOR THIS EVENING.

PLEASE INTRODUCE YOURSELF.

MELANIE, ALEX.

OKAY.

THANK YOU.

YEAH, THIS IS LYLE DAVIS.

HELLO, MR. DAVIS.

WE CAN HEAR YOU.

AND, UM, SORRY.

I WAS TRYING TO CONNECT WITH, UM, IS MY BATTERY JUST LETTING HIM KNOW THAT BATTERY BATTERY IS REALLY LOW AND IT W OKAY.

NO PROBLEM.

WE CAN HEAR YOU A BATTERY ON MY PHONE.

YES, YOU CAN MUTE FROM, YOU CAN HEAR ME? YES, WE CAN HEAR YOU.

WELL, IT, THE PHONE WENT OFF A MONTH AGO WHEN I CALLED 'CAUSE YOU HAD ME ON THERE 29 MINUTES.

AND THE PHONE JUST, I DON'T HAVE ENOUGH BATTERY FOR THAT.

SORRY.

OKAY.

WOULD YOU BE ABLE TO MUTE FOR RIGHT NOW UNTIL WE GET TO YOUR CASE? IT'LL, ARE YOU, AM I THE FIRST CASE? I THINK I AM.

OKAY.

48.

WE'LL, WE'LL COME AROUND.

WE'LL COME AROUND TO YOU IN A FEW MINUTES.

YOU IN A FEW MINUTES.

THANK YOU.

THANK YOU VERY MUCH.

THANK YOU.

ALL RIGHT.

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

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

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

AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE

[00:05:01]

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

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

NOW, WE ARE GOING TO HAVE WITNESSES TESTIFY UNDER OATH.

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

OKAY.

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

I DO.

THANK YOU.

THANK YOU.

ALL RIGHT.

IF THERE'S NOTHING ELSE, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION.

AND THE FIRST ITEM WILL

[APPROVAL OF MINUTES]

OKAY.

NEXT.

HAVE WE HAD A CHANCE TO REVIEW THE MINUTES? COMMISSIONERS? YES, I HAVEN'T.

MADAM CHAIR, I MOVE APPROVAL OF THE MINUTES.

OKAY.

WE HAVE A MOTION TO APPROVE THE MINUTES.

I SECOND.

THANK YOU COMMISSIONER CAMPBELL.

UM, DO WE HAVE ANY OBJECTIONS TO APPROVING THE MINUTES FROM JULY 26? 2023.

OKAY.

IS EVERYBODY IN FAVOR? THANK YOU.

DO I NEED TO TAKE THE VOTE? I DON'T THINK SO.

OKAY.

THANK YOU.

THE MINUTES HAVE BEEN APPROVED.

MAY I BEGIN CALLING THE CASES ON THE AGENDA? UH, YES.

I CAN CALL THE CASES.

I WANNA MAKE SURE THERE'S NO PUBLIC COMMUNICATION TODAY, RIGHT? I DON'T BELIEVE SO.

OKAY.

THANK YOU.

WE'LL GO AHEAD AND START WITH THE CASE NUMBER ONE ON THE AGENDA.

EXCUSE.

CAN WE GO OUT OF ORDER AND, UH, SKIP TO CASE NUMBER THREE ON OR ITEM NUMBER THREE ON THE AGENDA? UM, SURE, WE COULD DO THAT.

ITEM NUMBER THREE ON THE

[3. Case Number: CL 2023-087171 Property address: 5606 S Congress Avenue/ Johnny Ray McNabb Staff presenter: Johnny Serna Staff recommendation: Repair single family residential structure]

THIS CASE WAS ON THE JULY 20, 23 REGULAR MEETING AGENDA, BUT WAS NOT HEARD DUE TO LOSS OF QUORUM.

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

HERE'S SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS OCCUPIED AND IS A HOMESTEAD.

THE CASE WAS OPENED IN AUGUST, 2018 AT THE INITIATIVE OF AN INSPECTOR.

THERE ARE NO ACTIVE BUILDING PERMITS FOR THE 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 COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTING.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO I AND THE RECOMMENDED ORDER CODE INVESTIGATOR JOHNNY SERNA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.

INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, COMMISSIONERS.

MY NAME IS JOHNNY SERNA AND I'M A CITY OF AUSTIN CODE INVESTIGATOR.

THE CASE I AM PRESENTING BEFORE YOU WILL BE FOR 56 0 6 SOUTH CONGRESS OF AN EXTERIOR INSPECTION.

AND THE FACTS OF THE CASE ARE AS FOLLOWS.

THIS PROPERTY WAS REPORTED IN AUGUST 10TH, 2020 18 AND MAY 5TH, 2022.

I WAS REASSIGNED THIS PROPERTY AND UPON MY INSPECTIONS OF THIS PROPERTY AND ITS CASE, I FOUND THAT THE PROPERTY HAS MULTIPLE EXTERIOR I P M C VIOLATIONS ON APRIL 12TH OF, UH, THIS PRESENT YEAR.

I POSTED THIS PROPERTY WITH THE NOTICE OF VIOLATION SINCE MAY 5TH, 2022

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I'VE CONTINUED TO MAKE MULTIPLE INSPECTIONS OF THIS PROPERTY AND HAD FOUND THAT SOME DEFICIENCIES HAVE BEEN ADDRESSED, BUT MANY REMAIN OVER THE FA OVER THE PAST FIVE YEARS.

SINCE 2018, MULTIPLE INSPECTORS HAVE MADE CONTACT WITH THE OWNER AND GIVING THE OWNER TIME AFTER TIME, UH, TO REPAIR, ALONG WITH CONNECTING HIM WITH, UH, POSSIBLE AVAILABLE RESOURCES.

THE FOLLOWING PHOTOGRAPHS I WILL BE PRESENTING AS EVIDENCE ARE REPRESENTATION OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDING OR SLIDE PLEASE.

EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF 56 0 6 SOUTH CONGRESS.

RIGHT OFF THE START, YOU CAN SEE THAT THE EXTERIOR OF THE BUILDING IS NOT WEATHERPROOF AND BEEN HAS BEEN LIKE THAT, UH, FOR AT MINIMUM THE FIVE YEARS THAT WE'VE HAD THIS CASE OPEN.

IT'S NOT SURFACE COATED TO PREVENT ANY TYPE OF DETERIORATION IN THE MAJORITY OF THE BUILDING.

NEXT SLIDE.

EXHIBIT TWO B IS A ANOTHER CONTEXTUAL PHOTOGRAPH ON THE LEFT SIDE SIDE OF THE PROPERTY WHERE IF YOU CAN LOOK, UH, RIGHT TO THE TRASH CANS, UM, YOU'LL SEE RIGHT NEXT TO THE WINDOW.

YOU'RE GONNA SEE THAT PART OF THE ROOFING SYSTEM AT THE FRONT IS BEING PROPPED UP BY A TIMBER RESTING THE TOP A ROCK.

NEXT SLIDE.

EXHIBIT TWO C IS A PHOTOGRAPH OF THE RIGHT SIDE OF THE BUILDING, MISSING SIDING, NOT WEATHERPROOFED, UH, OR SURFACE COATED TO PREVENT DETERIORATION ALONG WITH A BROKEN WINDOW ON THE LEFT HAND SIDE.

NEXT SLIDE TWO D IS A, UH, DIFFERENT ANGLE OF THAT, UH, SAME BROKEN WINDOW.

UH, SO TWO EXHIBITS, TWO D AND E ARE PHOTOGRAPHIC EXAMPLES OF THE MULTIPLE BROKEN WINDOWS, NOT JUST THIS ONE ON THE PROPERTY ALONG WITH MISSING TRIM, DAMAGED SIDING, AND MORE DETERIORATING WOOD.

NEXT SLIDE.

SLIDE EXHIBITS TWO F AND TWO G ARE PHOTOGRAPHS OF AGAIN, UH, SLIDE UH, TWO E WAS, UM, PICTURE.

THERE WE GO OF, UH, A WINDOW THAT'S WAS REMOVED AND JUST BOARDED UP ALONG WITH MORE MISSING SIDING TRIM.

NEXT SLIDE.

A MISSING ANTIS SIPHON VALVE THAT'S REQUIRED TO KEEP, UH, THE CITY WATER SUPPLY FROM BEING CROSS-CONTAMINATED BY BACKFLOW.

UH, YOU CAN ALSO SEE, UM, WOOD STARTING TO PEEL BACK AWAY FROM THE BUILDING.

UM, AND EXAM IN, UM, EXHIBITS TWO F AND G ARE PHOTOGRAPHIC EXAMPLES AGAIN WHERE YOU CAN SEE HERE IN EXHIBIT TWO G.

UH, MORE EXAMPLES OF MISSING SIDING, UH, EXPOSED, UH, O S B BOARD TO THE ELEMENTS FOR A MINIMUM OF FIVE YEARS AS LONG AS THIS CASE HAS BEEN OPEN, ALONG WITH A, A LARGE, UH, HOLE IN THE ATTIC SYSTEM WHERE A MISSING VENT IS, UM, WHERE A MISSING VENT.

NEXT SLIDE, EXHIBITS TWO H AND I ARE GONNA BE PHOTOGRAPHS OF MORE BROKEN WINDOWS ALONG WITH MISSING TRIM SIDING ALONG WITH EXTREMELY, UH, DETERIORATED SOFFIT AND ROOFING COMPONENTS AS SEEN IN EXHIBIT TWO I.

NEXT SLIDE RIGHT HERE YOU CAN SEE, YOU KNOW, SOME OF THE CONDITIONS THAT ARE FOUND ON THE PROPERTY.

AND THIS WILL CONCLUDE MY PRESENTATION AND STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDED ORDER.

THANK YOU.

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

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

ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

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

THREE REQUEST INSPECTIONS FROM 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 $350 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL

[00:15:01]

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU.

I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS PHOTOGRAPHS, MARK'S, EXHIBITS AS EXHIBIT TWO A THROUGH TWO I.

UM, AND BEFORE WE GO FORWARD, I JUST WANNA ACKNOWLEDGE THAT, UM, COMMISSIONER SIG IS HERE WITH US.

YES, YES.

THANK YOU.

THANK YOU.

SO WE HAVEN'T REALLY DONE ANYTHING TODAY, .

UM, SO WE'RE ALL HERE NOW.

ALL RIGHT, COMMISSIONERS.

UM, BEFORE WE REVIEW THIS CASE, I WANNA CHECK TO SEE IF THE OWNERS ARE HERE.

UM, SO THEY ARE HERE.

THEY JUST HAVEN'T UNMUTED THEMSELVES YET.

OKAY.

UM, WELL, IF ANYONE'S HERE FOR THIS PROPERTY, PLEASE MAKE SURE TO UNMUTE YOUR PHONE SO THAT YOU CAN GIVE US YOUR VERSION OF WHAT'S GOING ON.

MR. MCNABB AND MR. WESS, CAN YOU PLEASE UNMUTE YOURSELF? HELLO, CHAIR.

THEY HAVE THREE MINUTES, RIGHT? OKAY.

LEMME TRY, LEMME TRY AGAIN IN, IS ANYBODY HERE ON THE PHONE FOR THE PROPERTY AT FIFTY SIX OH SIX SOUTH CONGRESS AVENUE? IF SO, MAKE SURE TO UNMUTE YOUR PHONE PLEASE.

I THINK IT WAS POUND SIX TO UNMUTE.

OKAY.

TRY POUND SIX, PLEASE.

OKAY.

UM, CHECK.

WE HAVE, UH, OH, HI, JOHNNY ON THE LINE? YEAH, UP NOW.

OKAY.

IS THIS MR. MCNABB? YES.

OKAY.

UM, I THINK YOU NEED TO MAKE SURE THAT YOUR MIC IS NOT COVERED OR BEING TOUCHED BY ANYTHING, BUT OTHERWISE WE CAN HEAR YOU.

I'M NOT COVERING ANYTHING.

OKAY, GOOD.

, YOU, YOU MAY PROCEED TO TELL US, UM, YOUR SIDE OF THE STORY AND WHAT YOU WANT THE COMMISSIONERS TO KNOW ABOUT YOUR PROPERTY TONIGHT AND ALSO WHAT YOU WOULD LIKE US TO DO.

UH, ARE YOU TALKING TO ME OR MR. WILLIAMS? NO, NO, NO.

YOU GO FIRST SINCE YOU ARE THE OWNER.

MR. WILLIAMS IS WITH THE HOUSING AND COMMISSION, UH, DEVELOPMENT.

DEVELOPMENT, CORRECT? CORRECT.

YES, MA'AM.

I MEAN, HOUSING AND COMMUNITY DEVELOPMENT.

SO IT'S MR. SUPPOSED TO SPEAK ON YOUR BEHALF.

OKAY.

WELL, MR. MCNABB? YES.

OKAY.

IS MR. WILLIAMS HERE TO SPEAK ON YOUR BEHALF? OKAY.

OKAY.

ALL RIGHT.

ANY ANYBODY THAT WANTS TO SPEAK TO AND GO FIRST, BUT YOU HAVE THREE MINUTES.

OKAY.

OKAY.

MY NAME IS MR. WOOD.

WELL, HE CAN GO AHEAD.

GO AHEAD MR. JOHNNY.

YES.

UM, I WOULD LIKE TO STATE THAT JOHNNY SERNA HAS NOT SEEN WHAT'S BEEN DONE TO THIS HOUSE AND HOW LONG IT HAS TAKEN ME TO GET IT.

I AM STILL WITH URBAN LEAGUE AND CERNA SAID SOMETHING ABOUT HE CAME BY HERE AND THE ROOF WAS NOT FIXED.

UH, THIS ROOF WAS PUT ON IN 2017, AND THERE IS A FACER BOARD THAT THE ROOFERS STEPPED ON AND KNOCKED IT DOWN.

AND I TED IT UP WITH A POLE.

YES, I'M TRYING TO GET UP BECAUSE I'M DISABLED HANDICAP AND I CAN'T JUMP UP THE WAY I USED

[00:20:01]

BUT GETTING BACK TO THE ROOF, THE ROOF HAS BEEN DONE.

IT WAS DONE IN 2017.

THEY CAME BACK OUT AND STALLED THREE DOORS.

THE FRAMING OFF THAT WAS DONE ABOUT A YEAR AGO.

IF THAT, YOU KNOW, ONE THING, I DON'T KNOW IF THIS WILL MATTER, I HAVE FELT LIKE THAT AUSTIN CODE HAS, HAS BEEN ING ME BECAUSE I DRIVE AROUND WHEN I GO TO THE DOCTOR AND THERE'S HOUSES THAT LOOKS WORSE THAN THIS ONE.

I DON'T THINK THIS ONE LOOKS BAD.

AND FOR THE BROKEN WINDOWS, ANY MAN KNOWS THAT WHEN YOU GET A DIVORCE, YOUR WIFE IS GOING TO BE VERY VICIOUS.

SHE KNOCKED THOSE WINDOWS OUT.

BACK IN THE EARLY NINETIES, NOBODY CALLED ME AND TOLD ME ANYTHING.

WHEN SHE KICKED ME OUT, I HAD TO SLEEP UNDER A BRIDGE OVER ON WILLIAM CANNON, AND I COULDN'T COME BY THE HOUSE TO CHECK ON IT.

AND THEN WHEN I DID, A POLICE OFFICER DROVE BY THE HOUSE AND HE SAID, ARE YOU LIVING THERE? AND I TOLD HIM NO.

I TOLD HIM, BE HERE.

I'M STUCK BECAUSE I GET A MEASLY DISABILITY CHECK.

AND, UH, EVERYTHING THAT WAS BROUGHT UP TOLD THAT I HAVE TO HAVE A BANK ACCOUNT.

I DON'T HAVE A BANK ACCOUNT BECAUSE I'M NOT GONNA PAY A BANK TO HELP ME TAKE CARE OF MY MONEY.

WHEN I GET NINE $33 A MONTH, I PAY THE USUAL BILLS, TRY TO BUY A LITTLE FOOD, AND I'M BROKE.

I'M RIGHT BACK WHERE I WAS, WHERE I STARTED FROM.

I HAVE BEEN TRYING TO GET THIS HOUSE BACK UP TO STANDARDS.

GOTTA REALIZE THIS HOUSE WAS BUILT IN 1936.

WHAT HAS BEEN PERFECT UNTIL, UNTIL WHAT? WHAT HAPPENED? YES.

THERE ARE A COUPLE OF BROKEN WINDOWS.

UM, I WAS LAYING IN BED AND HEARD A WINDOW SHATTER, AND MY GOT UP, LOOKED OUT THE WINDOW, AND THERE'S THREE KIDS STANDING OUT HERE ON THE SIDEWALK, AND THEY WERE USING MY WINDOWS AS TARGETS.

YEAH, IT BROKE.

BUT LIKE I SAID, I DON'T HAVE THE MONEY TO JUMP UP.

THAT'S WHY I'M ASKING.

I HAVE PUT APPLICATIONS IN WITH HABITAT, UH, URBAN LEAGUES, YOU NAME IT.

I'M THE ONLY PERSON OR COMPANY THAT HAS STEPPED UP TO HELP ME.

EAST URBAN LEAGUE.

ALL RIGHT, MR. MCNABB, UM, YOUR TIME IS ACTUALLY UP, BUT THANKS FOR GIVING US THAT BACKGROUND INFORMATION.

UM, I'M GOING TO LET MR. WILLIAMS FROM URBAN LEAGUE, UH, YOU KNOW, GIVE US A LITTLE BIT OF INFORMATION ON WHAT THEY'RE ABLE TO HELP WITH MR. WILLIAMS. GOOD EVENING COMM.

GOOD EVENING COMMISSIONERS.

UM, MY NAME IS JAMES WILLIAMS. I'M THE, UH, COMMUNICATION AND THE, THE HOUSING COMMUNICATION AND DEVELOPMENT MANAGER FOR THE URBAN LEAGUE.

UM, AND WE HAVE BEEN HELPING MR. MCNABB, UH, UH, MAYBE A YEAR AGO, I DID REPLACE HIS, UH, EXTERIOR DOORS, UH, WITH MY MINOR HOME REPAIR THAT WAS ONLY $5,000.

UH, NOW MY, UH, I'M LOOKING TO HELP HIM WITH MY GOLD BOND PROGRAM, WHICH IS $20,000, BUT RIGHT NOW, THAT PROGRAM IS OUT OF FUNDS UNTIL AFTER THE 1ST OF OCTOBER.

UH, PROVIDING I CAN GET, I KNOW HE JUST, I KNOW MR. MCNABB MENTIONED ABOUT

[00:25:01]

IF HE CAN GET THOSE BANK STATEMENTS AFTER ONE OCTOBER, THEN I CAN, THEN HE'S, THEN HE'S, HE'S GOOD TO GO TO GET THE HOME REPAIR, THE SIDING, UH, THE ROOF OR WHATEVER, WHATEVER ELSE THAT NEED TO BE DONE.

BUT, UH, FOR THAT CASE, I ONLY HAVE $20,000 ONCE THAT PROGRAM GETS FUNDS.

UH, OTHER THAN THAT, UM, THAT'S ALL I HAVE.

I'M TRYING TO HELP MR. MCNABB, BUT IN ORDER FOR HIM TO HELP ME, I NEED HIM TO SOME WAY, SOMEHOW GET THOSE BANK STATEMENTS.

I NEED TWO MONTHS.

OKAY.

THAT'S ALL I HAVE.

THANK YOU VERY MUCH.

THAT'S BEEN VERY HELPFUL.

THANKS FOR TAKING THE TIME TO COME OUT TONIGHT.

AND, UM, WE'LL LET THE COMMISSIONERS J JUST PLEASE BE ON STANDBY, AND THEN THE COMMISSIONERS MIGHT HAVE QUESTIONS FOR YOU.

OKAY.

ALL RIGHT.

COMMISSIONERS, VICE CHAIR.

GO AHEAD.

THANK YOU, CHAIR.

UH, THIS IS A QUESTION FOR EITHER MR. MCNABB OR MR. WILLIAMS. DO YOU, HAVE YOU HAD A CONTRACTOR GIVE YOU AN ESTIMATE FOR THOSE REPAIRS? YOU SAID YOU, YOU MAY HAVE, YOU'RE LOOKING AT $20,000 AFTER OCTOBER 1ST.

DO YOU HAVE AN ESTIMATE FROM A CONTRACTOR AS TO WHAT IT'S GOING TO COST YOU TO COMPLY WITH THE CITY'S ORDERS? UH, I HAVE NOT, UH, SENT A CONTRACT OUT THERE TO GET AN ESTIMATE, BUT I CAN SEND ONE OUT, UH, UH, MAYBE ONE DAY NEXT WEEK I CAN GET 'EM TO GO OUT THERE AND GIVE ME AN ESTIMATE.

UM, AND THEN WE CAN SEE HOW MUCH WE NEED TO SPEND.

UH, BUT MY BUDGET IS ONLY 20.

I CAN'T GO OVER 20.

NOW, IF MR. MCNABB WAS A VETERAN, THEN I COULD ADD ANOTHER 10 ON THAT.

UH, BUT I DON'T THINK HE'S A VETERAN, SO, UM, SO I COULD ONLY MAX IT OUT TO 20.

I UNDERSTAND.

THANK YOU.

YEAH, IT, THAT INFORMATION WOULD'VE BEEN, WOULD'VE BEEN USEFUL TO HAVE TODAY TO KNOW THAT.

BUT I APPRECIATE YOUR ANSWER.

THANK YOU.

NO PROBLEM.

ANY OTHER QUESTIONS? UH, I HAVE A QUESTION.

UH, MR. MCNABB? YES.

YES.

SO DO, DO YOU FULLY UNDERSTAND WHAT MR. WILLIAMS IS SAYING, UM, OF THE IMPORTANCE OF HAVING A BANK ACCOUNT AND TWO BANK STATEMENTS BY OCTOBER? WELL, SEE, THE THING IS, WHEN I GOT MY DISABILITY BACK IN 90, I ASKED FOR A BANK ACCOUNT AND THEY SAID, YOU'RE NOT GOING TO GET ENOUGH TO PUT IT IN THE BANK.

I HAVE A DEBIT CARD AT THE END OF EVERY MONTH, ONE OF THE FIRST AND THE THIRD.

I GO TAKE THAT MONEY OUT.

I LEAVE JUST ENOUGH FOR THE BANK TO TAKE THEIR FEE OUT SO I CAN USE THEIR ATM.

OKAY.

MR. WILLIAMS CAN GO BACK, GO BACK THERE.

BECAUSE LIKE I SAID, URBAN LEAGUE HAS BEEN HELPING ME EVER SINCE.

I'M WANTING SAY 2015.

YES.

AND THEN THERE'S PAPERWORK.

YES.

UM, I THINK THE QUESTION, WHAT I'M CURIOUS ABOUT IS WHY YOU WOULDN'T DO EVERYTHING IN YOUR POWER TO GET DOCUMENTS NEEDED FOR THIS TIME AROUND, WHICH LOOKS LIKE YOU ARE MOST LIKELY GOING TO BE APPROVED FOR $20,000 WORTH OF REPAIRS.

SO I'M A LITTLE BIT CONFUSED AS TO WHY YOU WOULDN'T TRY AGAIN TO GET A BANK ACCOUNT THAT SATISFIES WHATEVER URBAN LEAGUE NEEDS.

I WOULD REALLY URGE YOU TO LOOK INTO THAT.

I HAVE.

OKAY.

OKAY.

I GET LIKE I, THAT'S THE PROBLEM.

NOBODY LISTENS.

ALL RIGHT.

AS LONG AS YOU HAVE THAT, THEN WE CAN FACTOR IN THE 20 THOU, $20,000 MIGHT BE COMING IN FOR YOU BY THE END OF THIS YEAR, CORRECT? YES, MA'AM.

WE CAN TAKE CARE OF IT AS LONG AS WE GET THE DOCUMENT WE NEED.

OKAY.

ALL RIGHT.

UM, JILL, CAN I, MAY I ADD ONE THING? SURE, GO AHEAD.

WHEN I STARTED CALLING ALL OF THESE PLACES,

[00:30:01]

UH, STEVEN CAME OUT, NEVER ASKED ME FOR A BANK ACCOUNT OR A BANK BECAUSE I GET MY CHECKS OUT OF THE GOVERNMENT WHEN I STARTED TRYING TO GET MY ROOF FIXED.

THAT WAS WAY BACK, I'M GOING TO SAY IN THE LATE, VERY LATE OF 99.

OKAY.

NEVER ASKED FOR A BANK ACCOUNT.

OKAY.

UH, I THINK WE ARE NOT GOING TO GO BACK TO 1999 NOW 'CAUSE WE'RE IN 2023.

SO POSSIBLY THE REQUIREMENTS HAVE CHANGED AND I WOULD AGAIN, URGE YOU TO DO WHATEVER YOU CAN TO GET THE MONEY TO BE ABLE TO HELP YOU DO THE REPAIRS.

UM, DO I HAVE ANY COMMISSIONERS THAT HAVE QUESTIONS? OH, COMMISSIONER FRANCIS, GO AHEAD.

MY QUESTIONS FOR MR. WILLIAMS. MS. WILLIAMS, YOU THERE? YES, SIR.

YES, SIR.

I'M, HELP ME ROUGH OUT A TIMELINE HERE.

IF MR. MCNABB WERE PRODUCE BANK STATEMENTS, WHEN DO YOU NEED TO HAVE THOSE TO EXECUTE THIS $20,000 CONTRACT? BY THE 1ST OF OCTOBER.

BY THE END OF SEPTEMBER.

OKAY.

SO ONCE YOU, LET'S SAY HE DELIVERS THOSE CON THOSE BANK STATEMENTS TO YOU, GIVES YOU WHAT YOU NEED.

YES, SIR.

IT'S NOW THE 1ST OF OCTOBER.

HOW LONG WOULD IT TAKE TO IMPLEMENT TO GET THAT 20 GRAND AND IMPLEMENT THE REPAIRS? ONCE I GET THE, UH, ESTIMATE THE APPROVAL BACK FROM THE CITY? UH, PROBABLY A WEEK OR SO.

BUT, UH, I DON'T KNOW WHAT MR. MCNABB WAS SAYING.

UH, HE MENTIONED STEVEN.

THE, THE REASON STEVEN IS NO LONGER WITH THE URBAN LEAGUE, 'CAUSE STEVEN WENT OUT THERE AND DIDN'T DO WHAT HE'S SUPPOSED TO BE DOING.

THAT'S WHY HE'S NO LONGER WITH THE HERBA LEAGUE.

UH, UH, ONE OF MY OTHER CASE MANAGERS, MAURICE MCCONEY, TRIED TO HELP MR. MC, UH, MR. MCNABB SOMEHOW, SOME WAY THAT DIDN'T HAPPEN.

SO I'M THE ONE THAT WENT OUT THERE AND HAD THE, UH, EXTERIOR DOORS REPLACED.

I DID THAT FOR HIM.

BUT THERE WAS TWO DIFFERENT PROGRAMS. ONE PROGRAM, WHICH IS, LIKE I SAID, MY MINOR HOME REPAIR, THAT'S ONLY FIVE K.

THE OTHER IS 20 K THAT DO REQUIRE BANK STATEMENTS, PROOF OF INCOME, UM, UH, CURRENT UTILITY BILLS, WHATEVER THE CASE MAY BE.

SO HYPOTHETICALLY, PART OF EVERYONE IN, I'M SORRY, GO AHEAD.

MAY.

SO HYPOTHETICALLY, IF HE PRODUCED EVERYTHING YOU NEEDED BY THE 1ST OF OCTOBER AROUND OCTOBER 15TH, HE WOULD BE READY TO ENGAGE CONTRACTORS? YES, SIR.

I MEAN, I HAVE PICTURE ID SOCIAL SECURITY CARDS OF, I THINK HIS, HIS, HIS GIRL.

I, I'M MISSING A SOCIAL SECURITY CARD, BUT WHAT I HAVE, ALL I NEED IS THE BANK STATEMENT TO GET EVERYTHING GOING.

LIKE I SAID, I'M TRYING TO HELP MR. MCNA TO HELP ME.

I'M TRYING EVERYTHING.

YEAH.

THANK YOU.

I CAN.

ALL RIGHT.

UM, DO WE HAVE ANY OTHER QUESTIONS? IF NOT, WILL ANYBODY LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC? I MOVE.

WE CLOSE THE DISCUSSION AND CALL FOR VOTE.

OKAY.

COMMISSIONER SALLY.

THANK YOU.

I'LL SECOND.

WHAT'S THAT? COMMISSIONER FRANCIS SECOND TO CLOSE THEM.

OKAY.

THANK YOU.

SO, UM, WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC PART OF THE HEARING.

UM, IS THERE ANYBODY WHO OBJECTS OH, AFTER THE HEARING, SO CAN ASK QUESTION OF BEING ? SURE.

OKAY.

WE'RE GOING TO GO AHEAD AND CLOSE THE PUBLIC PART OF THE HEARING.

THANK YOU, MR. MCNABB AND MR. WILLIAMS. UM, THE COMMISSIONERS WILL NOW DISCUSS THE CASE.

UM, YOU MAY STAY ON TO HEAR THE DECISION, AND THEN THE DECISION WILL BE MAILED TO YOUR HOUSE AS WELL.

OKAY? OKAY.

THANK YOU.

I HAVE ONE, I HAVE ONE QUESTION.

OH, ALL RIGHT.

OKAY.

THERE WAS THREE PEOPLE SAYING VOTED THAT THEY WOULD CLOSE THIS.

WHAT DOES THAT MEAN? I MEAN, UM, CAN YOU REPEAT THAT PLEASE? YES.

THERE WERE SEVERAL THERE THAT VOTED THAT THIS MY PROPERTY AND HOUSE BE CLOSED.

UM, YOU'RE TALKING ABOUT, ARE YOU TALKING ABOUT WHAT JUST TOOK PLACE TWO MINUTES AGO?

[00:35:01]

OKAY.

NO, NO, NO.

THEY, MY PHONE IS ACTING UP.

IT'S ALMOST DEAD.

OKAY.

DON'T WORRY.

THE, WE'RE NOT NOBODY VOTED TO CLOSE ANYTHING ABOUT YOUR CASE.

WHAT WE ARE DOING IS WE ARE DONE WITH ASKING QUESTIONS TO YOU AND MR. WILLIAMS. NOW THE COMMISSIONERS WILL SPEAK AMONGST THEMSELVES.

YOU CAN STILL LISTEN.

OKAY.

ALL RIGHT.

THANK YOU.

CAN I HAVE ONE QUICK THING AND THEN I'M GONNA HANG UP.

ACTUALLY, THERE'S NOTHING ELSE TO ADD AT THIS POINT.

THAT'S WHY WE GAVE YOU THE OPPORTUNITY TO TELL US YOUR SIDE.

WELL, THIS IS A, THIS IS A, A DIFFERENT, UH, PARTY.

OH, WHO IS THE PARTY TALKING? WHO AM I SPEAKING WITH? SPEAKING WITH? OH, NEVERMIND.

UM, WE'RE NOT TALKING ABOUT ANYTHING ELSE YET.

WE'RE TALKING ABOUT 56 0 6 0 6 CONGRESS.

OKAY.

OKAY.

SO EVERYBODY ELSE PLEASE STAND BY.

THANK YOU, SLUGO.

THANK YOU, CHAIR.

UM, I HAD A QUESTION FOR, UM, INSPECTOR, UH, SERNA.

UM, THANK YOU FOR YOUR WORK ON THIS.

I GUESS, UM, THE ONE THING THAT I WANTED TO GET A BIT MORE CLARITY ON IS CAN YOU, 'CAUSE YOU WERE THERE IN PERSON, I SEE A FEW THINGS THAT GIMME SOME CONCERN, BUT CAN YOU TELL ME ABOUT A MORE SPECIFIC AROUND FIRE RISK OR ANY OTHER SAFETY CONCERNS, PUBLIC SAFETY ISSUES AROUND, UM, YOU KNOW, NOT JUST THE PROPERTY THAT LOOKS BAD OR HAS BROKEN WINDOWS, BUT ALSO HOW IT MIGHT AFFECT THE SAFETY AND, UH, WELLBEING OF THE PEOPLE IN THIS RUNNING AREA? UM, SURE.

IT'S A GOOD QUESTION.

WE'VE HAD THIS CASE FOR A MINIMUM OF ABOUT FIVE YEARS.

UH, I'VE PERSONALLY, THE LAST TIME WAS THERE ON AUGUST 10TH.

UM, LIKE I SAID, I HAVE SEEN SOME REPAIRS THAT WERE MADE, UM, SUCH AS THE DOORS ALSO, UH, A NEW WATER HEATER WAS INSTALLED.

UM, BUT, UM, WE CONTINUE TO HAVE OPEN AND ACCESSIBLE, UH, HOLES IN THE SIDING THAT ARE DIRECTLY IMPACTING THE STRUCTURE WALLS OF THE BUILDING.

UM, WE'VE HAD IT FOR A MINIMUM OF FIVE YEARS.

LIKE I SAID, WHO KNOWS HOW LONG THAT STRUCTURE'S BEEN IN THAT CONDITION.

UM, WHERE, YOU KNOW, THE INTERIOR, THE OF THE IN INSTRUCT OF THE STRUCTURE, UM, ITS INTERIOR WALL SIDING, EVERYTHING OUT.

UM, THE SHEET ROCK DRYWALL INSIDE ARE BEING EXPOSED TO THE ELEMENTS CONTINUOUSLY.

SO COULD, YOU KNOW, BE ANYBODY'S GUESS, YOU KNOW, IF THE BUILDING, UM, WILL CONTINUE TO DRY ROT OR ROT OR, YOU KNOW, FALL APART.

WHAT WE'RE TRYING TO DO IS AVOID THAT SITUATION, GET THE, UH, DEFICIENCIES REMEDIED SO THAT, UH, UM, IT, UH, MEETS MINIMUM SAFETY STANDARDS.

AND, AND, AND BASED ON YOUR INVESTIGATIONS, AT WHAT STAGE OF THE ROTTING PROCESS WERE YOU ABLE TO GET A SENSE ABOUT WHAT THE, HOW, HOW LATE STAGE AS IT WERE? DID THE INTERNAL STRUCTURES WERE ROTTING WISE? UM, WE'VE NEVER, I'VE BEEN TO THE PROPERTY MYSELF.

UM, I'VE SPOKEN TO MR. MCNABB, I THINK, UH, MAYBE ONCE OR TWICE ON THE PHONE WITHIN THE, SINCE 2022 WHEN THE PROPERTY GOT TRANSFERRED, THE, THE CASE GOT TRANSFERRED TO MYSELF.

I DID SPEAK WITH, UH, UM, UM, A WOMAN THERE THAT SPOKE FOR MR. MCNABB AT THE TIME THAT I SHOWED UP.

YOU KNOW, TRY TO GET AHOLD OF MR. MCNA AND MR. MCNABB AND TRY TO WORK WITH HIM.

UM, BUT, YOU KNOW, SHE STATED THAT, THAT HE WAS, WASN'T FEELING WELL AND DIDN'T WANNA SPEAK TO ANYBODY, SO WE, WE HAVEN'T BEEN ABLE TO GO INSIDE TO LOOK.

UH, BUT BASED ON THE EXTERIOR OF THE PROPERTY, UM, I'M PRETTY SURE THAT, UH, MIGHT HAVE SOME DEFINITE ISSUES WITHIN, WITHIN, INSIDE THE, THE STRUCTURE.

THANK YOU.

ALL RIGHT.

IF WE DON'T HAVE ANYTHING ELSE, WE WILL, UM, GO AHEAD AND CALL THE VOTE.

BUT MY THOUGHTS ON THIS, UM, IF THE COMMISSIONERS WILL CONSIDER IS THAT IT LOOKS LIKE THERE'S, THERE'S SOME ACTIVITY GOING ON IN TERMS OF GETTING FUNDING FOR THE, SOME OF THE OTHER REPAIRS NEEDED.

AND SO FAR MR. MCNABB HAS BEEN ABLE TO SOMEWHAT MAKE SOME OF THE REPAIRS SINCE 2018.

UM, AND I LOOK, IT LOOKS LIKE HE'S ON FIXED INCOME AS WELL.

UM, I WOULD PROBABLY LEAN MORE TOWARDS DOING A LONGER TIMEFRAME BEFORE THE ORDER KICKS IN TO ALLOW TIME FOR URBAN LEAGUE TO GET THE FUNDS TO MR. MCNA.

SO THAT'S WHERE I'M LEANING TOWARDS, BUT, UM,

[00:40:01]

UM, OKAY.

COMMISSIONER CAMPBELL, GO AHEAD.

UH, I'D ALSO JUST LIKE TO POINT OUT IN REGARDS TO THE ISSUE OF MR. MCNABB'S FIXED INCOME, UM, WE ARE THE, THE, THE CURRENT RECOMMENDED ORDER WOULD IMPOSE A PENALTY OF $350 A WEEK.

UM, I MIGHT SAY THAT WE SHOULD POTENTIALLY REDUCE THAT IN LIGHT OF HIS FIXED INCOME.

I BELIEVE 300, 350 A WEEK IS ABOVE WHAT A D A PAYS FOR STANDARD DISABILITY.

BUT I COULD BE WRONG.

THREE, LIKE I SAID, THREE 50 A WEEK WOULD BE AROUND 1100, 1200 A MONTH.

I BELIEVE THAT IS ABOVE THE TOTAL ANCHOR.

UM, LET ME GO AHEAD AND CALL YOU FIRST BEFORE YOU SPEAK, BECAUSE COUNCIL IS GONNA KILL ME.

UM, SO COMMISSIONER CAMPBELL, DID YOU FINISH YOUR THOUGHT ALREADY? UH, YES.

THAT'S, THAT'S THE MAIN THING THAT I WANTED TO BRING UP, BUT I, I ALSO CERTAINLY AGREE ABOUT, UM, EXTENDING THE DEADLINE HERE.

OKAY.

THANK YOU.

AND COMMISSIONER SLUGO, PLEASE REPEAT WHAT YOU SAID.

YES, APOLOGIES TO CHAIR AND COUNCIL.

UM, UH, YEAH, I THINK IT'S JUST 350 A WEEK, I BELIEVE WOULD BE LIKE 120, 110, 110% OF, UH, THEIR TOTAL FIXED INCOME SALARY FROM, UM, DISABILITIES, UH, FROM THE GOVERNMENT, THOUGH I'M NOT AN EXPERT ON SUCH MATTERS, SO IF ANYONE ELSE KNOWS THE EXACT AMOUNT, THAT WOULD BE GREAT.

SO, UM, YEAH, SO I, I DON'T KNOW ANYTHING ABOUT THAT, BUT I DO RECALL MR. MCNABB SAYING THAT HE GETS $943 A MONTH TOTAL, IF THAT HELPS.

OKAY.

UM, I'LL GO AROUND.

OH, YES.

MANAGER MOORE, GO AHEAD.

YES, ROBERT MOORE, DIVISION MANAGER, UH, DEVELOPMENT SERVICES DEPARTMENT.

JUST TO PUT A LITTLE CONTEXT ON THE, THE FINE AMOUNT, $350, UM, IF HE IS INDEED ABLE TO GET THAT $20,000 THAT, YOU KNOW, WE HAVE A PROVISION WHERE WE OFFSET THE AMOUNT OF REPAIRS.

SO 20,000 IS BASICALLY GONNA BUY HIM 57 WEEKS BEFORE HE REALLY STARTS TO ACCRUE ANYTHING YOU'D HAVE TO ACTUALLY PAY.

RIGHT.

SO, AND THEN IF YOU GAVE HIM ANOTHER 45 DAYS, UH, THAT'S, YOU KNOW, FOUR, MAYBE FIVE OR SIX MORE WEEKS, SO YOU'RE IN THE 60 WEEK RANGE OVER A YEAR BEFORE HE'S REALLY GONNA TAKE ON ANY MONETARY, YOU KNOW, ISSUES.

ALL RIGHT.

THANK YOU.

DID EVERYBODY CATCH THAT? ALL RIGHT, WE'LL GO AHEAD AND CALL THE VOTE AND I THINK IT'S EASIER FOR ME TO JUST, I DON'T SHARE.

OH, COMMISSIONER TOAD, GO AHEAD.

I JUST, I DON'T BELIEVE WE HAVE A MOTION PENDING.

OH, OOPS.

.

OKAY.

SORRY.

THANK YOU FOR, UH, REMINDING ME.

WOULD ANYBODY LIKE TO ENTER, I MEAN, I'LL ENTERTAIN ANY MOTION.

WOULD ANYBODY LIKE TO TAKE A STAB AT IT? MAD CHAIR.

I'LL TAKE A STAB AT THE, OKAY.

THANK YOU.

COMMISSIONER OFFENSIVE, MOVE TO A SAY ONE THING.

STEPS, UH, RECOMMENDED ORDER WITH THE MODIFYING, MODIFYING SECTION TWO TO 90 DAYS.

I THINKING THERE, AND IT'S, YOU'VE HEARD THAT TIMELINE, IT SOUNDS LIKE THAT COULD ALL GET, THOSE WHEELS COULD MOVE INTO MOTION WITHIN THAT ESTIMATES CONTRACTORS, , NOT SURE THAT'S GONNA BE A MARINES FEE, BUT THAT'S MY THINKING ON THAT.

AND THEN WITH THE ADDITION OF AVITA FOUR, CHANGE THAT TO TWO 50 WEEK.

OKAY.

UH, THANK YOU.

UM, WE HAVE COUNSEL.

I ACTUALLY JUST STAY ON THE 91ST DAY .

YES.

91ST DAY ON THE FOURTH IS WELCOME CAST.

THANK YOU.

MAD.

OKAY, I'LL SECOND THAT.

ALL RIGHT.

WE HAVE .

UM, CAN WE HAVE THE COMMISSIONER RESTATE, UH, THE MOTION, THE WHOLE THING FOR COMMISSIONER FRANCIS TO, UH, ADOPT THE STAFF'S RECOMMENDED ORDER WITH, WITH THE CHANGES TO ITEM TWO FROM 45 DAYS TO 90 DAYS CHANGES TO ITEM FOUR ON THE 91ST DAY, COMPLIANCE HAS NOW BEEN ACHIEVED, ASSESS A SIMILAR PENALTY OF TWO 50 FOR RULING.

THANK YOU.

IS EVERYBODY CLEAR ON THE, THE MOTION? I SECOND IN? THANK YOU COMMISSIONER .

SECONDS THAT MOTION.

SO NOW WE CAN, UNLESS WE WANT FURTHER DISCUSSION, I'LL GO AROUND AND ASK HOW YOU VOTE.

NOTHING ELSE.

ALL RIGHT, COMMISSIONER, I VOTE.

AYE.

THANK YOU.

COMMISSIONER SHUGAR.

I VOTE AYE AS WELL.

COMMISSIONER CAMPBELL, I VOTE.

AYE.

COMMISSIONER OLUGO, I IN FAVOR? UH, I'M IN FAVOR,

[00:45:02]

THANK YOU.

COMMISSIONER FRANCIS.

AYE.

COMMISSIONER SEK? AYE.

COMMISSIONER BENIGNO.

AYE.

THANK YOU.

OKAY, SO WE HAVE A UNANIMOUS VOTE ON THAT ONE, SO THANK YOU EVERYONE.

MR. MCNABB, IF YOU'RE STILL ON THE PHONE, UM, HOPEFULLY YOU UNDERSTAND WHAT JUST TOOK PLACE, BUT YOU'LL GET A COPY OF THE ORDER IN THE MAIL.

THANK YOU.

OKAY.

COULD I HAVE ONE THING THAT WAS NOT BROUGHT UP? JAMES WILLIAMS DITCH PAPERWORK FOR MY DISABILITY, TELLING HIM HOW MUCH I GET THAT THAT WAS NOT BROUGHT UP.

OKAY.

MR. MCNABB, YOUR CASE IS ALREADY CLOSED.

UM, THE COMMISSIONERS ALREADY GAVE YOU 90 DAYS TO SORT EVERYTHING OUT WITH MR. WILLIAMS. OKAY.

OKAY.

ALL RIGHT.

THANK YOU.

THANK YOU.

THANK YOU.

ALL RIGHT.

UM, WE CAN NOW, OH, COUNSEL, UM, MADAM CHAIR, I JUST WANT TO RECOMMEND THAT WE USE THE MOTION SHEETS FOR, FOR MOTIONS MADE IN THE FUTURE, JUST SO WE CAN MAKE SURE TO INCLUDE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW.

UM, RIGHT.

WE'RE STILL FREE TO, TO CARRY ON, BUT I JUST RECOMMEND WE USE THAT SO THAT WE COVER EVERYTHING.

OKAY.

WE'LL DO THAT.

COMMISSIONERS PLEASE USE, UM, THE MOTION SHEET, THE PRINTED ONES, AND THERE ALSO, THERE'S ALSO ONE IN THE, ON THE LAPTOP, ON THE IPAD .

OKAY, WE'RE GOING TO GO BACK TO AGENDA

[2. Case Number: CL 2023-087183 Property address: 4807 Duval Street / Owner: Lyle Leroy Davis Staff presenter: Alicia Tovar Staff recommendation: Repair single family residential structure]

UM, ARE WE READY FOR THAT ONE? YES.

OKAY.

ITEM NUMBER TWO ON THE AGENDA.

CASE NUMBER C 2023 DASH 0 8 7 1 8 3 IS RETURNING FROM THE JULY, 2023 MEETING AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 8 0 7 DUVAL STREET.

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

HERE ARE SOME FACTS ABOUT THE CASE.

THIS CASE IS ABOUT 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 THE PROPERTY.

CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.

IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, EXHIBITS ONE AND TWO A THROUGH TWO K, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS.

AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR K, AND THE RECOMMENDED ORDER CODE INVESTIGATOR ALICIA TOVAR IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.

OKAY, BEFORE YOU START, I WOULD LIKE TO SWEAR YOU IN.

I BELIEVE YOU WERE OUT OF THE ROOM WHEN WE DID THAT.

OKAY.

UM, COULD YOU RAISE, STAND UP AND RAISE YOUR, RAISE YOUR RIGHT HAND PLEASE.

THANK YOU.

DO YOU AFFIRM, UM, THAT TONIGHT AS YOU GIVE YOUR TESTIMONY, YOU'LL GIVE THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES.

THANK YOU.

YOU MAY PROCEED.

YOU COMMISSIONERS.

MY NAME IS ALICIA TOVAR.

I AM A CITY OF BOSTON CODE INVESTIGATOR FOR THE CENTRAL NORTH DIVISION.

THE CASE I PRESENTED BEFORE YOU THIS EVENING IS 48 0 7 DEVAL STREET.

ON NOVEMBER 7TH, 2022, I PERFORMED A MINE MISSION INSPECTION.

I LOCATED A VACANT AND SECURED MAIN RESIDENTIAL TRUCTURE WITH A DETACHED GARAGE ON DECEMBER 5TH, 2023.

A NOTICE OF VIOLATION WAS SENT VIA CERTIFIED MAIL TO THE TCA PROPERTY OWNER TO ADDRESS THE STRUCTURAL AND PROPERTY ABATEMENT VIOLATIONS ON MARCH 13TH, 17TH, 2023.

A FOLLOW-UP INSPECTION WAS PERFORMED AND NO COMPLIANCE HAD BEEN ACHIEVED.

ON JUNE 1ST, 2023 C A RESEARCH DETERMINED A CHANGE IN OWNERSHIP ADDRESS.

A NEW NOTICE OF VIOLATION WAS GENERATED IN MAIL DOT VIA CERTIFIED MAIL, AS WELL AS POSTED ON SITE ON JUNE 6TH, 2023.

[00:50:02]

ON JUNE 7TH, 2023, A COMPANY WAS PERFORMED TO ABATE THE PROPERTY.

ON JUNE, ON JULY 10TH, 2023, I CREATED A CASE FILE FOR B S C CONSIDERATION.

TONIGHT I WILL BE BE PRESENTING PHOTOGRAPHS EXHIBITS FOUR A THROUGH FOUR K.

THESE PHOTOGRAPHS ARE TRUE AND ACCURATE.

DEPICTION OF THE VIOLATIONS AND CONDITIONS OF TIME AND DATES, THE PHOTOS WERE TAKEN.

PHOTOGRAPH FOUR A PLEASE.

FOUR A PLEASE.

PHOTOGRAPH FOUR A IS THE MOST RECENT PHOTOGRAPHS.

IT'S A MAIN STRUCTURE OF A SINGLE STORY.

WOOD FRAME PRESENTED A STRUCTURE ON POST AND BEAM AT THE TIME THE STRUCTURE WAS UNOCCUPIED AND SECURED FROM AN AUTHORIZED ENTRY.

PHOTOGRAPH TWO B PLEASE.

TWO B IS THE PHOTOS TAKEN ON OCTOBER, I'M SORRY, NOVEMBER 7TH, 2022, WHICH DEMONSTRATES THE MAIN STRUCTURE HAS DAMAGE AND MISSING, UH, COMPONENTS SIDE, UM, SIDING AND COMPONENTS, I'M SORRY, DAMAGE AND MISSING COMPONENTS.

TILES.

PHOTOGRAPH FOUR C IS A SHOT OF THE RIGHT SIDE OF THE MAIN STRUCTURE.

WE DEMONSTRATE SEVERAL MISSING AND DAMAGED TILES AS WELL AS YOU CAN SEE THE EXPOSED WOODEN AND SHEATHING AS WELL AS MISSING CROSS SPACE FIT PHOTOGRAPH FOUR D.

IT'S A CLOSE OFF SHOT OF THE RIGHT, RIGHT EGRESS.

AND YOU CAN SEE THAT THE, THE WATER BACK SPLASH HAS CAUSED DAMAGE TO THE EXTERIOR SIDING, THEREFORE EXPOSING THE WOOD FRAME TO THE ELEMENTS OF NATURE.

YOU CAN ALSO NOTE THAT THE CONCRETE STEPSS ARE LEANING AND LISTING.

NEXT PHOTOGRAPH TWO E.

PHOTOGRAPH TWO E IS IS THE RIGHT SIDE OF THE MAIN STRUCTURE.

YOU CAN SEE THAT THE MESS, THERE'S A MISSING CAR, CROSS SPACE VENT, AND HAPHAZARDLY ATTEMPT TO REPAIR THE SKIRTING.

PHOTOGRAPH FOUR.

NEXT PHOTOGRAPH.

NEXT PHOTOGRAPH IS A, IS A PHOTOGRAPH OF THE RIGHT SIDE WALL DAMAGE TO THE WINDOW SILLS AS WELL AS MISSING SIDING AND CROSS SPACE VENT COVERINGS.

NEXT PHOTOGRAPH.

THE NEXT PHOTO IS THE E, EXCUSE ME, FOUR G.

IT'S A PHOTOGRAPH OF THE REAR EGRESS.

THE WOODEN PORCH HAS DETERIORATED AND LOST ITS INTEGRITY AND BECOMING SOUND PHOTOGRAPHS FOUR H AND FOUR I FOUR H O FOUR R.

PHOTOGRAPHS OF THE SINGLE STORE WOOD FRAME DETACHED GARAGE ON GRADE.

THE STRUCTURE LACKS EXTERIOR PROTECTIVE COATING AS WELL AS THE FENCE, WHICH WAS USED TO, TO PROVIDE UNAUTHORIZED ENTRY IS LEANING AND LISTING IS WATER DAMAGE AND STRU LACKS STRUCTURAL INTEGRITY.

PHOTOGRAPH FOUR J FOUR J IS A PHOTOGRAPH OF THE LEFT SIDE OF THE FENCE, WHICH HAS BEEN USED TO, UH, SECURE THE STRUCTURE.

YOU CAN SEE THE, THAT, UH, THE WOOD IS BROADENING, TURNING GREEN AS WELL AS LISTING.

YOU CAN SEE THE, THE MAIN WALL ON THE FRONT IS LEANING AS WELL.

AS YOU CAN SEE THE BOEING OF THE UH, BRIDGEPORT PHOTOGRAPH TWO K K IS AN UPDATED PHOTOGRAPH OF RIGHT SIDE OF THE INSTRUCTION TAKEN ON AUGUST 10TH, 2023.

IT'S PLACED TO DEMONSTRATE THE PROPERTY HAS NOT BEEN MAINTAINED.

ON NOVEMBER 8TH, 2022, THE CITY HAD UPDATED THE PROPERTY AND WE CURRENTLY HAVE A CUT LIST OF PENDING TO REMOVE THE TRASH HIGH WESS AND GRASS AS WELL AS THE DEAD TREE THAT HAS FALLEN DOWN.

THIS CONCLUDES MY PRESENTATION.

THANK YOU.

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

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

ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

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

THREE REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.