[00:00:08]
[CALL TO ORDER]
CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR SEPTEMBER 27TH, 2023.LET THE RECORD REFLECT THAT THE TIME IS, LET'S SEE, 4 6 45 ACCORDING TO MY TABLET.
I AM THE VICE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
UM, AND I'LL BE CHAIRING TODAY.
UH, AT THIS TIME, I WILL CALL, ROLL, AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO OUR COMMISSIONERS REMOTING IN, AND WE HAVE SEVERAL, UH, WHO ARE REMOTE TODAY.
UH, PLEASE KEEP YOUR CAMERA ON SO AS TO MAINTAIN QUORUM.
AND THEN WHEN YOU'RE SPEAKING, UH, UNMUTE YOURSELF.
AND THEN WHEN YOU'RE NOT SPEAKING, IF YOU COULD JUST PUT MUTE BACK ON, THAT WOULD BE APPRECIATED SO THAT WE CAN MAINTAIN QUORUM.
UM, BEFORE THE CASES ARE CALLED, UH, WE
[PUBLIC COMMUNICATION: GENERAL ]
WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS, NOT ON TONIGHT'S AGENDA.EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, UH, OR SIX MINUTES IF YOU ARE RE IF YOU REQUIRE INTERPRETATION SERVICES.
AND I BELIEVE TONIGHT WE HAVE MR. CHAIR.
THEN THERE ARE ACTUALLY NONE SIGNED UP.
TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR FOUR CASES THAT ARE ON OUR POSTED AGENDA.
UH, THERE ARE FOUR CASES FROM FOUR DIFFERENT PROPERTIES.
UH, THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT IS DEEMED APPROPRIATE.
I JUST BLEW THROUGH THE ROLL ON THE SCRIPT.
I NEED TO STOP AND TAKE A ROLL.
UM, MY COLLEAGUE CAMPBELL DISTRICT THREE.
PRESENT SALAD WITH DISTRICT 10.
I GOT STUCK ON THE UPPER DECK OF 180 3.
THERE WAS A, AN ACCIDENT AND THE TRAFFIC WAS BACKED UP FOR A LONG WAY, SO IT'S GOOD TO BE HERE,
AND WE'VE GOT A, A FEW COMMISSIONERS ON, UH, ONLINE.
UH, COMMISSIONER BENIGNO HERE.
DID I MISS ANYONE ON THE COMMISSION? NO.
AND, UM, I KNOW THAT THE FIRE MARSHAL TODAY IS ALSO REMOTE, SO WANNA RECOGNIZE THAT? OKAY.
UH, ALL, UH, ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES CANELA WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.
STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU ARE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
AND I BELIEVE TONIGHT WE, FOR I THINK FOR EVERY CASE, THERE'S SOMEBODY WHO'S, WHO'S REMOTING IN.
SO, UM, YEAH, WHEN YOU HEAR YOUR CASE CALLED, PLEASE UNMUTE YOURSELF AND, AND, UM, AND SPEAK AND THEN REMAIN MUTED UNTIL YOU'RE CALLED.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESS QUESTIONS ABOUT THEIR TESTIMONY, AND THAT WILL HAPPEN AFTER THEY'VE GIVEN THAT TESTIMONY.
AFTER THE COMMISSION HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
AND SO, AGAIN, FOR THOSE OF YOU REMOTING IN, YOU HAVE FIVE MINUTES.
SO, UM, PLEASE USE THAT TIME AS, UH, AS EFFECTIVELY AS YOU CAN TO, TO MAKE YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
JAMES EVERWINE WITH THE CITY OF AUSTIN.
AFTER YOU AND THE CITY HAS PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PARTIES WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK
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QUESTIONS OF ANY ADDITIONAL WITNESSES.AFTER ALL EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS, AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE TONIGHT, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
MR. CANELA, MR. CHAIR, THANK YOU.
UH, WITH YOUR PERMISSION, I'D LIKE TO PROCEED TO THE FIRST CASE ON THE AGENDA BEFORE WE VISIT ITEM NUMBER ONE ON THE AGENDA, WHICH IS, UH, APPROVAL OF THE MINUTES.
AND, UM, WE WOULD MOVE THE MINUTES.
CAN WE MOVE TO THE END OF THE MEETING? THAT'S FINE.
IF THERE ARE ANY OBJECTIONS FROM, ARE THERE ANY OBJECTIONS FROM ANY OF THE MY FELLOW COMMISSIONERS TO MOVING THE MINUTES TO THE END OF THE MEETING? NO.
ANYONE ONLINE HAVE ANY PROBLEM WITH THAT? COMMISSIONERS? NO.
SO LET'S MOVE THE MINUTES TO THE END OF THE MEETING.
[2. Case Number: CL 2023-087183 (Part 1 of 2)]
ON THE AGENDA.CASE NUMBER CL 2 0 2 3 0 8 7 1 8 3 IS RETURNING FROM THE JULY AND AUGUST MEETING, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 48 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, IS ABOUT AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE AND ACCESSORY STRUCTURE.
THE CASE WAS OPENED IN DECEMBER OF 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 WILL FIND THE FOLLOWING EXHIBITS ONE AND TWO, A THROUGH TWO K AND THREE AND FOUR A THROUGH FOUR K, WHICH WERE PREVIOUSLY ADMITTED.
AND EXHIBIT FIVE, WHICH CONTAINS AN UPDATED COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS.
AND EXHIBIT SIX, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS SIX A THROUGH SIX K, AND THE RECOMMENDED ORDER CODE INVESTIGATOR ALICIA TOVAR IS CURRENTLY ASSIGNED TO THIS CASE.
HERE TONIGHT IS CODE SUPERVISOR MOSES RODRIGUEZ.
TO PRESENT THE MOST CURRENT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
UH, THIS CASE IS STARTED AS, AS JAMES MENTIONED, BACK IN DECEMBER 5TH, 2022, I PERFORMED, INITIAL IN INSPECT.
ALICIA PERFORMED INITIAL INSPECTION LOCATED, UH, AT THE PROPERTY.
IT'S A VACANT AND, UH, MAIN STRUCTURE THAT WAS SECURED AND A DETACHED GARAGE.
A NOTICE WAS SENT ON DECEMBER 5TH, UH, 2022.
UH, NOTIF CERTIFIED TCAT OWNER ADDRESSED TO STRUCTURAL VIOLATIONS AND THE PROPERTY ABATEMENT VIOLATIONS.
SHE DID A FOLLOW-UP INSPECTION.
UH, NO COMPLIANCE HAD BEEN ACHIEVED.
UH, SHE NOTICED THAT IN JUNE 1ST OF 23, SHE KNOWS THAT THE OWNERSHIP ADDRESS HAD CHANGED.
SO SHE WENT AHEAD AND GENERATED A NEW NOTICE AND SENT IT THROUGH.
UM, IN JUNE 6TH, SHE OBSERVED THAT THE PROPERTY WAS NOT IN COMPLIANCE WITH HIGH WEEDS.
UH, SHE WAS NOT EVEN ABLE TO GET INTO THE BACKYARD.
SO SHE CREATED A ABATEMENT LIST, A CUT LIST, AND IT WAS PERFORMED ON SEPTEMBER 5TH, 2023.
IT WAS ABATED, UH, ONE OF THESE DAYS THAT WE'RE HERE FOR OUR COMMISSION.
UH, THAT SAME WEEK, IT WAS, IT WAS, UH, IT WAS, UH, CUT IN AND THE TREE WAS REMOVED.
AND AS YOU'LL SEE IN THE PICTURES, UH, JULY, IT WAS HERE AND WE'RE HERE.
UM, ON SEPTEMBER 21ST, SHE WENT OUT THERE AND TOOK UPDATED PHOTOS.
I DID GO TO THE SITE YESTERDAY,
[00:10:01]
OBSERVED THAT THE VIOLATION STILL EXISTS.AND WE'LL GO THROUGH THE PICTURES.
THIS IS, UH, FRONT OF THE STRUCTURE.
SEPTEMBER 21ST, YOU CAN SEE THE MAIN STRUCTURE, SINGLE STORY, UH, RESIDENCE.
UH, YOU ON THE, YOU CAN SEE IT'S SUPPOSED TO BE AT THE TIME OF THE STRUCTURE WAS UNOCCUPIED, SECURED, UN UNAUTHORIZED ENTRY.
UH, WE SEE SEVERAL SHINGLES, UH, MISSING THROUGHOUT THE STRUCTURE.
WE CAN SEE, UH, ANOTHER ON THE RIGHT SIDE OF THE HOUSE, UH, WE SEE THE COMPOSITE, UH, SHINGLES THAT IS MISSING THROUGHOUT THE, THE STRUCTURE.
SEVERAL, UH, MISSING CRAWL SPACE COVERINGS, ALSO SIX C UH, CLOSEUP OF THE MAIN STRUCTURE.
WE SEE THE COMPOSITE TILES THAT ARE DAMAGED, EXPOSED, UH, WOODEN SHEETING.
THEY HAVE NO, UH, EXTERIOR COVERING ON IT.
WE CAN SEE A CLOSEUP OF THE STAIRS AND THE EXTERIOR OF THE EXPOSED WOOD ELEMENTS TO THE NATURE OF THE CONCRETE STAIRS THAT WE SEE IN THERE.
UH, WE COULD SEE MORE, UH, SIDING THAT'S EXPOSED ALSO TO THE NATURE SIX F WE SEE IN THIS IS THE REAR OF THE PROPERTY.
THE PHOTOS SHOW, UH, YOU CAN SEE THE MISSING COMPOST SHINGLES, UH, OPEN CROSS FACE, CRACK WINDOW, AS WELL AS DAMAGED REAR, REAR WOODEN PORCH.
WE SEE A CLOSEUP OF THE EGRESS, UH, OF THIS STRUCTURE.
THE WOODEN PORCH HAS DETERIORATED AND LOST ITS INTEGRITY AND CAN BECOME UNSOUND.
THIS IS THE ACCESSORY BUILDING, THE DETACHED GARAGE THAT IS SECURED THROUGH THIS WOODEN FENCE.
UH, IT'S PLACED TO PROVIDE, UH, UNAUTHORIZED ENTRY.
HOWEVER, THE WOODEN FENCE IS LEANING AND WATER DAMAGE AND LACKS STRUCTURAL INTEGRITY.
ALSO, SIX J J AND, UH, SIX, I, SORRY, SIX I SHOWS, UH, STRUCTURE, UH, DETERIORATED.
SIX J YOU CAN SEE THE BOW ON TOP OF THE ROOF, UH, OF THIS, UH, WOODEN STRUCTURE.
AND WE SEE THE, THE FENCE LEANING ALSO SIX K.
THIS IS ANOTHER FOR PHOTOGRAPH OF THE REAR OF THE DETACHED GARAGE.
YOU CAN SEE THE REAR FENCE HAS SEPARATED.
THE REAR W WALL WOODEN SIDING IS ALSO SEPARATING.
THIS CONCLUDES MY PRESENTATION.
I'M, I'M READY FOR ANY QUESTIONS.
DOES THE COMMISSION HAVE ANY QUESTIONS AT THIS TIME? EXCUSE ME.
LET ME JUST GET THIS INTO THE RECORD.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE COURT OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS SIX A THROUGH SIX K.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE, ORDER THE, THAT THE OWNER OF RECORD COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT THE CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE RESIDENTIAL AND ACCESSORY STRUCTURE.
C, REQUEST INSPECTION FROM CITY OF AUSTIN, DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
AND TWO, ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY, THE CITY CONCLUDES ITS PRESENTATION.
UM, SO I WILL MOVE THAT WE ACCEPT THE, AND WE ACCEPT INTO THE RECORD THE, UH, EXHIBITS PRESENTED TODAY.
I DON'T HAVE THEM WRITTEN HERE IN THE, UM, FIVE, SIX K.
[00:15:01]
SO AT THIS TIME, DO WE HAVE ANY QUESTIONS? AND CHAIR, YOUR MOTION ALSO INCLUDES THE FINDINGS OF FACT AND CONCLUSIONS AS WELL.AND IF SOMEBODY COULD PENCIL, WRITE THAT NOTE AND BRING IT OVER.
'CAUSE IT'S NOT WRITTEN IN HERE.
BUT, UM, DO WE HAVE ANY QUESTIONS FOR MR. CHAIR, MR. RODRIGUEZ AT THIS TIME? ACTUALLY, UM, I BELIEVE THE, UH, PROPERTY OWNER IS ONLINE.
UH, MR. DAVIS, IF YOU'RE ON, UH, THE PHONE, YOU CAN UNMUTE YOURSELF.
UH, AGAIN, YOU'LL HAVE FIVE MINUTES.
GOOD, GOOD EVENING, GOOD AFTERNOON, GOOD EVENING.
CAN YOU HEAR ME? MR. DAVIS? CAN YOU HEAR ME? MR. DAVIS? DID WE LOSE HIM? OKAY.
SEE IF WE CAN GET AHOLD OF HIM AGAIN.
I, HOW ARE WE DOING? GETTING AHOLD OF MR. DAVIS, THE FIRST FAILED ONE TIME.
UH, COUNSEL, IF WE CANNOT GET IN TOUCH WITH HIM AGAIN TODAY, ARE WE GOING TO HAVE TO RESCHEDULE FOR NEXT MONTH? UH, OR MY APOLOGIES.
UH, SO WE'VE DISCUSSED THE MATTER INTERNALLY AND AT THIS POINT, UM, WHAT WE WOULD RECOMMEND IS IF WE'RE NOT ABLE TO, BECAUSE WE HAVE RESET, UM, SEVERAL TIMES IN THIS CASE, UM, WE WOULD RECOMMEND MOVING FORWARD, HOWEVER WE DO WANT.
WE DO RECOMMEND ALSO PUTTING ON THE RECORD THE EFFORTS THAT HAVE BEEN MADE TO, UM, GIVE THIS PROPERTY OWNER THE OPPORTUNITY TO SPEAK AND BE HEARD AT THESE MEETINGS.
I THINK REFLECTING THAT, I THINK OBVIOUSLY WE'VE TRIED OUR BEST TO, UM, TO DO THAT.
AND I THINK, AND ALSO JUST TO GIVE HIM A BIT MORE TIME TO PLAY IT SUPER SAFE.
UH, HOW DO VIBA FEEL ABOUT MOVING TO, UH, MOVE THIS CASE UNTIL AFTER WE DEAL WITH, LET'S SAY 20 23, 10 30, 40.
SO MOVING THAT ONE FORWARD, MOVING THIS ONE BACK BY ONE, AND THEN SEEING IF, UH, MR. DAVIS RECONNECTS IN THE INTERVENING TIME PERIOD.
YEAH, I WAS, I WAS GOING TO SUGGEST SOMETHING SIMILAR, WHICH IS IF WE CAN'T GET AHOLD OF HIM NOW THAT WE JUST GO AHEAD AND MOVE TO THE NEXT AGENDA ITEM.
AND IF AT SOME POINT WE'RE ABLE TO RECONNECT WITH THEM, THEN AT THE NEXT APPROPRIATE DATE, WE, WE HEAR THE CASE.
THEN I GUESS, CAN WE USE, CAN WE MOVE A, I DON'T, YEAH, I DON DON'T KNOW THAT WE NEED TO DO A TOTAL, BUT I THINK IT'S JUST LIKE, ARE THERE ANY OBJECTIONS TO THAT? RIGHT.
NO OBJECTION, BUT LET'S JUST WAIT AND SEE IF WE CAN GET AHOLD OF HIM.
I JUST MADE THREE ATTEMPTS TO CALL HIM VIA THE WEBEX, AND HE HAS NOT RESPONDED.
UM, DO YOU WANT ME TO KEEP TRYING? WELL, DOES HE HAVE A WAY OF GETTING AHOLD OF YOU? IF HE NEED, IF AT HIS END HE SHOULD HAVE BEEN PROVIDED A PHONE NUMBER VIA, UH, I THINK EMAIL OR, OR ONE OF THE OTHER, UM, FORMS OF COMMUNICATION.
BUT I WAS ALSO REQUESTED TO CALL HIM, UH,
[00:20:01]
VIA THE APP.UM, LET'S JUST SEE IF HE GETS A HOLD OF YOU.
AND MAYBE WHEN WE'RE WINDING DOWN, THE NEXT CASE YOU CAN TRY AGAIN.
'CAUSE THAT THAT WOULD BE AN APPROPRIATE TIME.
BUT I THINK AT THIS TIME WE'VE TRIED THREE TIMES, SO LET'S JUST MOVE ON TO THE NEXT ONE UNLESS THERE'S ANY OBJECTION.
ANYONE OBJECT? CAN WE MOVE OR NO? DO WE NEED A MOTION? OH, NO, YOU ALL CAN, YOU ALL CAN MOVE ON TO THE NEXT ITEM TO GIVE THEM AN OPPORTUNITY TO CALL IN OR TO BE CALLED, RIGHT? YEAH.
WELL, SO, YOU KNOW, OBJECTIONS.
LET'S MOVE ON TO THE, UH, THERE WAS A, UM, WELL, LET ME ASK ONE QUESTION.
WE DID HAVE, UH, AN INTERESTED PARTY ON, ON, IN THIS CASE.
DO WE LISTEN TO THEM OR WE WANNA JUST TAKE IT ALL AT ONCE? I WOULD THINK, UH, THE INTERESTED PARTY, I BELIEVE CAME, UM, LAST MONTH OR THE MONTH BEFORE.
I ADDED HIM AS A ON THE LIST TODAY, JUST IN CASE HE WANTED TO COME BACK AND GIVE AN UPDATE.
UH, BUT REALLY THAT WAS JUST A CARRY OVER FROM THE PREVIOUS MONTH.
WELL, IN THAT CASE, UM, MR. CANELA, LET'S MOVE ON TO THE NEXT CASE.
CASE NUMBER 3 20 23 1 0 3 0 40.
ITEM NUMBER THREE ON THE AGENDA
[3. Case Number: CL 2023-103040]
IS CASE NUMBER CL 20 23 1 0 3 0 4 0, AND IS REGARDING A COMMERCIAL PROPERTY LOCATED AT 46 0 6 CONLEY STREET.THE EXHIBITS CAN BE FOUND IN THE HANDBOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THIS CASE IS ABOUT A COMMERCIAL STRUCTURE, WHICH IS OCCUPIED BY A VARIETY OF TENANTS.
THE CASE WAS OPENED IN MARCH OF 2022 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE BUILDING PERMITS FOR THIS PROPERTY.
A PREVIOUS MATTER WAS HEARD BY THIS COMMISSION IN 2019, BUT THAT MATTER HAS ACTUALLY BEEN RESOLVED.
AND IT'S, UM, THERE'S A RECORD OF THAT IN YOUR, IN THE LARGER EXHIBIT.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND UNSAFE AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER READER, YOU WILL FIND THE FOLLOWING, EXHIBIT THREE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE, AND THE REQUIRED POSTINGS AND THE RELEASE OF ORDER, AND THE PREVIOUSLY ISSUED ORDER.
AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR V, AND THE RECOMMENDED ORDER CODE INSPECTOR KYRIE DUMAS IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR DUMAS, PLEASE BEGIN YOUR TESTIMONY.
FOR THE RECORD OF, MY NAME IS KYRIE DUMAS.
I'M THE CODE OFFICER ASSIGNED TO THIS CASE.
THE PROPERTY BEING PRESENTED IS A ONE STORY COMMERCIAL STRUCTURE ON A CONCRETE SLAB WITH WOODEN SIDING AND A GABLE ROOT SYSTEM AT 46 0 6 CONNELLEY.
THE PROPERTY WAS SOLD IN FEBRUARY, 2022.
THE TCAD OWNER IS A V T A INVESTMENTS.
UM, THIS STRUCTURE IS BEING UTILIZED AS ROOMING AND BOARDING HOME FACILITY WITH A PENDING LICENSE DUE TO NON REPAIRS HOUSING OVER 40 PEOPLE.
FIVE SEPARATE LEGAL NOTICES HAVE BEEN SENT TO ALL LEGAL PARTIES VIA CERTIFIED MAIL AND HAS BEEN POSTED ON THE PROPERTY.
THIS CASE WAS CREATED IN MARCH OF 20 20 20 2002 DUE TO A COMPLAINT THROUGH 3 1 1.
THE VIOLATION CONSISTS OF MULTIPLE I P M C VIOLATIONS, RANGING FROM INFESTATION OF BEDBUGS, RATS, INTERIOR HOLES AND CEILINGS AND WALLS THROUGHOUT THE PROPERTY, EXPOSED WIRES, BROKEN AND MISSING, PLUMBING FIXTURES, PLUMBING LEAKS AND DEFECTS, AND AN IMPRO AND INOPERABLE HAVAC SYSTEM UNIT, AND COMPONENTS ON FROM MARCH 20TH, 2002 TO PRESENT DAY.
THERE HAVE BEEN MULTIPLE FOLLOW-UPS AND NUMEROUS CONVERSATIONS WITH THE PROPERTY AND BUSINESS OWNER ON ATTEMPTS TO REMEDY THESE VIOLATIONS.
IN DECEMBER OF 20 22, 3, ADMINISTRATIVE CITATION WERE RENTED FOR NONCOMPLIANT PLUMBING, RODENT INFESTATION, AND ACCUMULATION OF RUBBISH AND GARBAGE.
ON 3 29 20 23, THE PROPERTY OWNER OF A V T A INVESTMENTS, UM, WAS HELD LIABLE FOR ALL THREE CITATIONS AND WAS REQUESTED TO PAY A FINE.
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AFTER THE HEARING ON 3 29, MYSELF AND INSPECTOR DEMIO WALKED THE PROPERTY WITH THE OWNER, WHOM STATED, UM, I'M SORRY, WE WALKED THE PROPERTY WITH THE OWNER AROUND THE PROPERTY SHOWING HIM EACH REMAINING VIOLATION TO COME INTO COMPLIANCE.HE REQUESTED 14 DAYS TO COMPLETE ALL REPAIRS.
THIS INCLUDE ALL STRUCTURAL VIOLATIONS.
SEVERAL, SEVERAL FOLLOW-UP INSPECTIONS FROM APRIL, 2023 TO MAY OF 2023 FOR THE ONGOING CITED VIOLATION TRIGGERED THE FIFTH NOTICE OF VIOLATION ON MAY 22ND, 2023.
THE FOLLOWING DATED AND TIMESTAMP PHOTOGRAPH DEPICT THE SIGHTED VIOLATIONS FOUND FROM THE INITIAL FOLLOW UPS INSPECTION PHOTOS AND THE ONGOING SIGHTING CONDITION NUMBER FOUR A THROUGH FOUR V.
WE'RE GONNA DO FOUR A AND FOUR B.
THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY SHOWING THE, THE ADDRESS, WHICH IS 46 0 6 CONLEY.
YOU CAN GO TO THE NEXT ONE, WHICH IS FOUR B.
THIS IS, THIS IS SHOWING EVIDENCE OF A BEDBUG ACTIVITY FOUND IN THE MATTRESS AND THE BEDROOM, UM, AT THIS PROPERTY.
FOUR D SHOWS EVIDENCE OF A DEAD RODENT, UM, INSIDE THE PANTRY.
FOUR E SHOWS THE SMOKE DETECTOR, UM, THAT ARE, THAT ARE MISSING THROUGHOUT THE FACILITY IN THESE OCCUPIED ROOMS. LET'S GO TO FOUR F FOUR F.
THIS SHOWS, UM, THE BATHROOM COUNTERTOP IN DISREPAIR WITH A MISSING SINK.
THIS IS IN THE, THE MEN'S, UM, THE MEN'S RESTROOM SHOWER SHOWING DAMAGE OF A HOLE IN BETWEEN THE FLOOR AND THE SHOWER WALL, CREATING A WATER LEAK LEAKING INTO THE DINING AREA.
FOUR H SHOWS AN INOPERABLE TOILET AND DISREPAIR AND SURROUNDING AREAS SURFACE UN UNMAINTAINED AND UNSANITARY WITH RAT DROPPINGS.
UM, THESE, UH, SHARED TOILETS OR THROUGHOUT THE PROPERTY, THESE, ALL THESE RESTROOMS ARE IN DISREPAIR.
THIS IS FOUR I FOUR I SHOWS THE SURFACE UNMAINTAINED SHOWING DAMAGE INTERIOR WALLS THROUGHOUT THE PROPERTY.
LET'S GO TO FOUR J AND, UH, FOUR K, FOUR J, AND FOUR K SHOWS MISSING AND INOPERABLE PLUMBING FIXTURES, WHICH IS A MISSING SINK AND A SHOWER HEAD INSIDE THE RESTROOM.
IT'S SHOWING, UM, THE MISSING, UM, FIXTURES INSIDE THE, THE RESTROOM, WHICH IS THE WHOLE SINK MISSING.
FOUR K IS, IS, IS SHOWING THE, THE SHOWER HEAD MISSING INSIDE THE RESTROOM.
FOUR L, FOUR L AND FOUR M SHOWS EXPOSED ELECTRICAL WIRES.
UM, LIGHT FIXTURES NOT PROPERLY SEATED.
HOLES IN THE CEILING THROUGHOUT THE PROPERTY.
AS YOU CAN SEE TO THE RIGHT OVER THERE, THE, I I'M ASSUMING THAT'S A REPAIR WHERE THERE'S A HOLE.
UH, IT LOOKED LIKE THEY CUT OUT A HOLE ON THE CEILING AND THEY PLACED, UH, SOME TYPE OF FITTING JUST TO HOLD IT UP.
LET'S GO TO FOUR N AND FOUR OH.
UM, THIS SHOWS THE THERMOSTAT NOT WORK AS INTENDED, AND IT'S SHOWING THE HALF AX SYSTEM IN DISREPAIR.
AS YOU CAN SEE, IT'S, IT IS IN DISREPAIR, UM, AND HAVE AN EXTENSION CORD GOING TO IT.
AND IT'S NOT PROPERLY, UH, OPERATING PROPERLY.
LET'S GO TO FOUR FOUR P FOUR P.
IT SHOWS THE INTERIOR DOOR FRAME ON A, UH, BEDROOM DAMAGE AND DISREPAIR.
FOUR Q FOUR Q SHOWS THE EMERGENCY EXIT, UM, OF THE CORRIDOR DOOR, NOT SECURE, AND IT PROPERLY WILL NOT SHUT.
FOUR R FOUR R SHOWS THE DAMAGED INTERIOR WALL.
UM, AND THIS IS THROUGHOUT THE PROPERTY.
IT'S FOUR S AND FOUR V FOUR, FOUR SS, AND, AND FOUR V IS GOING SHOW, UM, SOME OF THE REPAIRS THAT WAS MADE WITH TILE AND FOAM.
UM, TO SURFACE THESE AREAS IS STILL NOT FLUSHED AND NOT MAINTAINED.
[00:30:01]
PROPER REPAIRS.THIS COMPLETES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE COURT OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED 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 V.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING, ONE, ORDER THAT THE OWNER OF RECORD COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT DECIDED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE COMMERCIAL STRUCTURE.
C, REQUEST INSPECTION FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
AND TWO, ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, SO I MOVE THAT WE ADMIT EXHIBITS THREE AND FOUR A THROUGH FOUR V INTO THE RECORD, AND I UNDERSTAND THE PROPERTY OWNER IS ONLINE, RIGHT? AND WE HAVE ONE PERSON IN PERSON TO SPEAK ON THIS CASE.
SO AT THIS POINT, UH, IF, LET'S SEE, JAMES NIAN, IF YOU WERE NO.
MR. NEWAN, COULD YOU PLEASE UNMUTE? OKAY.
MR. NEWAN, IF YOU CAN HEAR US? YES, PLEASE UNMUTE YOURSELF.
MR. NEWAN, CAN YOU HEAR US? YOU'RE MUTED.
WHAT DOES HE NEED TO DO TO UNMUTE IT? UM, MAYBE HE DOESN'T KNOW WHAT TO DO.
WELL, TO AN, IT, IT DEPENDS ON THE, IT DON'T KNOW WHAT HE'S USING TO UNMUTE YOURSELF.
WHILE WE'RE WAITING FOR MR. WYNN TO, TO RESPOND, UM, I JUST WANT MAKE A POINT OF CLARIFICATION.
UH, YOU DID MAKE A MOTION TO HAVE THE EXHIBITS ADMITTED.
UM, WERE THERE ANY OBJECTIONS TO THAT MOTION? SECOND.
AND THEN I JUST WANNA MAKE SURE WE HAVE A VOTE ON THE, YEAH.
SO WERE THERE ANY OBJECTIONS? NO.
ANYONE OBJECTIONS TO THE EXHIBITS? OKAY.
UH, THE EXHIBITS ARE ADMITTED.
UM, WELL, THIS IS KIND OF THE TECHNICAL DIFFICULTY EVENING.
SO, UM, UH, I'M GOING TO SUGGEST MAYBE, UM, I'M NOT EXACTLY SURE IF THIS WORKS, BUT MR. WYNN, IF YOU CAN HEAR US, UH, I BELIEVE YOU CAN DIAL STAR SIX, AND THAT MAY UNMUTE, EXCUSE ME.
AND THAT MAY UNMUTE YOUR PHONE.
UM, MOVE TO THE INTERESTED PARTY WHILE WE WAIT.
I'D RATHER THAT WE, UH, SEE IF WE CAN GET MR. WYN ON THE PHONE.
WELL, WE CAN, UH, I THINK I'M GONNA MOVE THAT, UM, WE GO AHEAD AND MOVE TO THE NEXT CASE
[00:35:01]
AND SEE IF WE CAN GET A HOLD OF MR. WYNN.HE'S, WELL, HE'S ON, HE JUST, UH, WE JUST CAN'T HEAR HIM.
MR. NEWAN, I JUST SENT YOU ANOTHER PROMPT.
IF YOU COULD PLEASE FOLLOW THE INSTRUCTIONS SO YOU CAN UNMUTE YOURSELF.
UH, IT MIGHT, I AM JUST AFRAID WE WON'T GET IT BACK.
WELL, WHILE WE WAIT, I'D LIKE TO SEE, UM, WE HAVE TWO FOR THE TWO NEXT FOLLOWING CASES.
WE HAVE THE OWNERS ALSO CALLING IN.
MR. WAGMAN, YOU'RE THE NEXT CASE.
WE HAVEN'T HEARD YOUR CASE, BUT CAN YOU HEAR ME? CAN YOU JUST SAY, I CAN HEAR YOU AND UNMUTE YOURSELF FOR A MOMENT.
MR. WAGMAN, CAN YOU HEAR ME? CAN YOU UNMUTE YOURSELF? HOW ABOUT MR. SCHRADER, WHICH IS OUR FINAL CASE OF THE, CAN YOU HEAR ME? WHO, WHO IS THIS? CAN YOU HEAR ME? MR. ERMAN? YES, WE CAN BE.
IT, IT WAS JUST HAVING A HARD TIME GETTING ACTIVATED STAR SIX.
AND, AND WE WILL BE HEARING YOUR CASE NEXT.
I JUST WANTED TO MAKE SURE THAT OKAY.
I'LL, I'LL PUT MYSELF BACK ON MUTE.
WE GOT ONE CASE,
AND THEN MR. SCHRADER, ARE YOU THERE TOO? YES, I CAN SEE YOU.
HE PROBABLY, THAT STAR SIX IS TAKING A WHILE, I GUESS, TO WORK LEFT.
MR. SCHRADER, IS THAT YOU? YES, THIS IS MR. SCHRADER.
WELL, I'M GLAD WE'VE GOT YOU TWO.
UH, WE WILL BE HEARING IT LATER THIS EVENING.
I JUST WANTED TO MAKE SURE WE COULD GET A HOLD OF YOU.
SO IF YOU COULD JUST BE PATIENT, HOLD ON AND, AND MUTE YOURSELF AGAIN.
UH, WE'LL BE WITH YOU, UH, UH, SOON.
UM, AND, UH, SO YOU'LL, JUST TO KIND OF REPEAT, WE JUST FINISHED HEARING YOUR CASE.
YOU'LL HAVE, UH, FIVE MINUTES TO SE SEVEN.
I WOULD, I'M TWO DIFFERENT STORY.
MY NAME JAMES WYN AND, UH, OWNER FOR THE A V T A INVESTMENT.
AND, UH, IN FEBRUARY, 2020, WE, UH, BOUGHT THIS PROPERTY FROM THE PREVIOUS OWNER.
AND, UH, HE GAVE US THE, THE LEASE.
AND THE LEASE CONFIRMED THAT THE BUSINESS OWNER, YVETTE, UH, MUST TAKE CARE ALL OF THE COMPLIANCE TO THE CITY COURT AND REPAIR FOR HER BUSINESS.
AND HE TOOK ME TO SEE MS. YVETTE, AND SHE CONFIRMED WITH ME EVERYTHING MUST BE THAT WAY, AND I TRUST THE WAY DOING, BUT AFTER FEW MONTHS, I FIND OUT THAT, YOU KNOW, THE CITY KEEP, UH, PLANNING BLAME ON US.
THE LANDLORD HAVE TO TAKE CARE, EVERYTHING, REPAIR EVERYTHING IN THERE.
AND I DID IT BECAUSE OF, UH, I LOVE THE PEOPLE, UH, MENTAL DISORDER DISABILITY.
SO I TRY TO HELP THEM FOR A WHILE.
UH, BUT BY THE MEANTIME, UH, LOOK LIKE, YOU KNOW, WE TRY TO FIX THAT.
[00:40:01]
THERE, THE NAME IS ALL THE TIME BECAUSE THEY ARE MENTAL DISORDER PEOPLE.AND I KNOW THAT THE CITY, UH, KEEP BLAME ON ME AND, UH, FIND ME.
AND, UH, I TRIED TO BRING THE ISSUE TO THE PREVIOUS OWNER AND THE BUSINESS OWNER, MISS YVETTE, AND THEY JUST IGNORE.
THEY SAY THAT YOU HAVE TO COMPLY, WHATEVER THE CITY REQUIRE.
UH, AND I TRY TO BRING SOME OTHER CONTRACTOR OVER THERE, AND NOBODY WANT TO WALK OVER THERE BECAUSE THEY SEE SOME UNUSUAL MENTAL ILLNESS PEOPLE AROUND, AND THEY SCARE THEM TO HARM THEM.
AND, UH, DIFFICULT TO FIND ANY REPAIR MAN TO TAKE CARE THE BUSINESS OVER THERE.
AND, UH, I TRY TO BRING SOME CONTRACTOR, EVEN MY ASIAN PEOPLE, UH, THEY SAY THAT THE ONLY WAY THEY CAN HELP IS YOU HAVE TO SHUT DOWN THE PLACE, MOVE THE PEOPLE OUT COMPLETELY, NOBODY THERE, THEN THEY CAN DO THE JOB, BECAUSE IF THEY DO THIS, AND THEN ANOTHER JOB, THEY MAKE, MAKE DAMAGE AGAIN.
SO, YOU KNOW, I THINK THAT'S, UH, TO BE, UH, FAIR FOR ME AND TO BE FAIR FOR THE PEOPLE, UH, PEOPLE THERE, I THINK I CANNOT SHUT DOWN THE PLACE MYSELF BECAUSE, YOU KNOW, UH, I, I, I, I HAVE NO AUTHORITY TO DO THAT.
BUT IF THE CITY, UH, THINK TO HELP ME, WE HAVE NO OTHER CHOICE TO SET DOWN THE PLACE.
AND THEN WE HAVE, WE CAN HAVE SOMEONE TO COME IN THERE AND REDO THE JOB WITHOUT ANYBODY AROUND.
AND THEN NOW NOBODY WANT TO WORK THERE.
EVEN I BRING AC MAN, NOBODY WANT TO WORK.
I HAVE TO BRING MY, MY FRIEND FROM HOUSTON TO TAKE THE PLACE THERE.
AND THEY SAY THAT THE AC MUST BE GOOD, BUT BECAUSE THEY TRY TO LOAD DOWN TO TEMPERATURE 70, AND THE COMPRESSOR KEEP RUNNING ALL DAY LONG, YOU KNOW THAT IT EXPLODE.
AND THEY SAID THAT THE HOT WEATHER LIKE THIS, THE BEST WAY YOU HAVE TO KEEP LAB OF 76, 77, THEN YOU CAN SAVE THE COMPRESSOR.
BUT IF YOU PUT 70, YOU BURN ALL OF THEM.
I WOULD SPEND 6,000 ALREADY, UH, A COUPLE DAYS AGO, UH, TO MY AC MAN.
AND NOW I, I RECEIVE A LETTER FROM, UH, THE CITY REQUIRE ME TO, TO, TO DISCUSS THIS PROBLEM TO THE CITY, TO THE COMMISSIONER.
YOU KNOW, IN MY HEART, I THINK THAT IT'S BLESSING FOR ME.
IF THE CITY TO HELP ME, YOU CAN SHUT DOWN THE PLACE FOR ME, AND THEN I CAN HAVE PEOPLE TO, TO DO THE JOB.
BECAUSE IF THE PEOPLE STILL AROUND, NOBODY CAN JUST DO NOTHING.
AND, UH, THE, THE THING LAST TWO WEEKS, THE THING STILL GOOD, AND NOW I COME BACK, THEY DESTROY TWO THINGS.
YOU, THEY, SOME PEOPLE GET MAD AND THEY BLOCK THE GLASS, THEY BLOCK THE WINDOW, EH, ALL THE TIME.
AND, UH, AND, UH, THE OWNER, BUSINESS OWNER, SHE NEVER CARE ABOUT US BECAUSE SHE KNOW THAT THE CITY WILL BLAME ON ME.
AND I THINK THAT I, I, UH, I HAVE, I DON'T KNOW HOW, HOW CAN I DO TO, TO, TO HELP THE PEOPLE.
ILLNESS, MENTAL PROBLEM THERE.
I DON'T KNOW HOW TO DO WITH THEM.
YOU KNOW? SO IF I DO, IF I, I, I TELL MY ATTORNEY TO, UH, TO BRING TO COURT AND SET THEM DOWN, I FEEL BAD IN MY HEART.
SO I THINK IF THE CITY FEELING, UH, GOOD FOR ME, I THINK THE CITY IS THE ONE WHO HAVE AUTHORITY TO SHUT DOWN THE BUSINESS, THEN I CAN DO IT.
AND AFTER THAT, WE CAN GO FROM THERE, YOU KNOW? I DON'T KNOW, UH, THIS BUSINESS, UH, BUSINESS OWNER NOT LIABLE FOR, FOR MAINTAIN THE PROPERTY, UH, PROPERTY.
BUT, UH, I FEEL SORRY FOR HER TOO, BECAUSE PEOPLE WITH THE MENTAL PROBLEM, THEY DON'T KNOW WHAT THEY DO.
YOU KNOW, YOU FIX THAT AND THEN DAMAGE MISS TOMORROW, AND THEY, YOU KNOW, AND I CALL SOME FRIEND TO GO THERE AND FIX THE PLACE.
THEY GO AROUND AROUND, MAKE THEM SCARED, YOU KNOW? THEY, THEY SCARED TO HARM THEM.
EVEN MYSELF, THEY HARMED ME ONE TIME, YOU KNOW, THEY YELL AT ME AND THEY, UH, POP THE GLASS IN FRONT OF ME, AND THEY USE HIS HAND TO PUT THE WINDOW AND BLEEDING ON HIS HAND.
THEY, THEY HAVE NO THI NO MIND, NO NO PLAN.
SO DIFFICULT FOR THE BUSINESS OWNER THERE, AND DIFFICULT FOR ME TOO.
AND, UH, AND, UH, I, I SOMETIMES KNOW HOW I SAY THE PREVIOUS OWNER NEVER TELL ME THE TRUE STORY.
YOU KNOW? HE, HE, HE TELL ME VERY EASY, OKAY, MISS
[00:45:01]
WORRY, NOTHING.YOU KNOW, YOU JUST, UH, PAY THE INSURANCE AND YOU PAY THE, UH, TAX, PROPERTY TAX AND THE REST IS
BUT NOW I HAVE TO PAY FOR RENT CONTROL BY MYSELF.
I, I THINK THAT MY, UH, MY, UH, MY PLACE TO THE CITY IS, PLEASE SIT DOWN THE PLACE BECAUSE I CANNOT DO THAT.
THEN SOMEBODY, MY CONTRACTOR CAN GO THERE AND FIX IT UP.
IF I CANNOT SIT DOWN MYSELF, YOU KNOW, AND NOBODY WANT TO GO THERE WITH THE PEOPLE AROUND AND HARM THEM AND MAKE THEM SCARE.
AND YOU, THEY CAN CANNOT DO THE GOOD JOB.
THEY ONLY DO SOMETHING THERE, AND IT'S BROKEN AGAINST SOME OTHER PLACE, YOU KNOW? AND A LOT OF PEOPLE THERE, THEY GORO AROUND AND YELLING ALL THE TIME.
SO, UH, I DON'T KNOW HOW, WHO I CAN PLAN FOR, YOU KNOW, I PLAN ON THE SICKNESS, THE ILLNESS.
WE MAY HAVE QUESTIONS FOR YOU, BUT IF YOU WOULD JUST WAIT.
UM, AND TO, AND, AND SEE IF WE HAVE QUESTIONS.
UM, WE ALSO HAVE A, UH, UH, CITIZEN, WHICH PARTY, WHO'S HERE TO SPEAK ABOUT THIS CASE? UM, MS. KEISHA PRINCE.
CAN YOU HEAR LIKE YOU HAVE, IT'S ON.
SO I HAVE A FRIEND THAT HAS LIVED AT ZOE'S PLACE FOR FIVE YEARS.
SHE'S GOT I D D, SO SHE IS 30, SHE'S 37.
WITH THE MENTAL CAPACITY OF AN EIGHT YEAR OLD.
ALL THE PEOPLE THAT STAY THERE OR MENTALLY ILL, THEY EITHER DO DRUGS OR THEY DRINK THIS TOTAL CHAOS.
I UNDERSTAND EXACTLY WHAT HE'S SAYING.
I'VE HAD PEOPLE THROW STUFF AT MY CAR.
I'VE SEEN PEOPLE PULL KNIVES OUT ON EACH OTHER.
I'VE SEEN PHYSICAL FIGHTS INSIDE OF THE PLACE.
THE SLATS IN THE, THE FENCE OUTSIDE WHERE THEY SMOKE AN AREA.
IT'S ABOUT THREE MISSING, THREE FIGHTS.
I'VE SEEN THEM HAVE FIGHTS AND PUNCH HOLES IN THE WALLS.
I WAS THERE WAITING FOR HER, AND I SAW ROACHES.
THE DOCTOR SAID SHE HAD BEDBUG BITES.
I ACTUALLY SAW A MICE COME FROM THE CEILING AND FALL DOWN.
I CAN IMAGINE WHY PEOPLE WON'T WANNA GO CLEAN UP THE LANDLORD.
MS. TOM, HER NAME, LEGAL NAME IS TOMMY YVETTE MCKINNEY ONLY CARES ABOUT COLLECTING THE RENT.
SHE HAS WENT UP TO $700 A MONTH AND IS FOUR PEOPLE IN THE ROOM.
THE BUNK BEDS DON'T EVEN HAVE LADDERS FOR THE PEOPLE TO GET DOWN ON.
AND MY FRIEND GOT PREGNANT, AND SHE WAS PREGNANT AND SLEEPING ON THE TOP BUNK WITH NO LADDER TO GET DOWN.
THERE'S SO MANY SAFETY ISSUES.
AND IF SHE HAS 40 PEOPLE, THAT'S 40 PEOPLE PAYING 700 A MONTH.
SHE HAS MONEY TO FIX THINGS, BUT SHE'S NOT GONNA FIX ANYTHING.
THEY'RE NOT IN GOOD VI YOU CAN'T HEAR ON THE TV.
THERE'S CONSTANT CHAOS, FIGHTING, YELLING, SCREAMING PEOPLE, YANKING WIRES OUT OF THE WALLS, AND JUST TOTAL CHAOS SO I CAN UNDERSTAND WHAT HE'S DEALING WITH.
I FOUND OUT THAT SHE USED TO BE ON BERNARD ROAD, AND IT WAS ZOE'S SAFE PLACE, AND SHE WAS CLOSED DOWN.
THERE'S NEWSPAPER ARTICLES AND THE STATESMAN, K X A N HAD AN ARTICLE ON THERE.
AND WHEN I TALKED TO A PROBATE JUDGE, THEY ASKED ME, WHERE DID SHE STAY? I SAID, ZOE'S PLACE.
WE THOUGHT ZOE'S PLACE WAS CLOSED.
SO A LOT OF PEOPLE THINK SHE'S CLOSED DOWN, BUT SHE HAS OPENED UP SOMEWHERE ELSE AND THEN TOOK SAFE OUT OF IT.
THAT'S NOT THE ONLY LOCATION SHE HAS.
AND I CALL CODE BECAUSE THE GIRL WAS LI THEY WERE LIVING THERE AND SHE CUT OFF THE GAS BECAUSE THEY WERE LIGHTING CIGARETTES AT THE STOVE.
SO THEY HAD NO HOT WATER, BUT THEY WERE PAYING RENT, AND SHE GOT IN TROUBLE.
SO SHE DOESN'T LIKE ME, SHE DON'T WANT ME ON THE PROPERTY.
[00:50:01]
I CAN'T GO AND TAKE THIS GIRL TO THE DOCTOR.IT DOESN'T, I CAN'T BE ON THE PROPERTY, YOU KNOW? SHE DOESN'T CARE ABOUT THE PEOPLE.
AND LIKE I SAID, 700 TIMES, 40 PLUS ALL THOSE DUPLEX, SHE HAS THE MONEY.
SHE ONLY COMES THE FIRST THROUGH THE THIRD OF THE MONTH TO COLLECT RENT.
SHE DOESN'T CARE WHO SHE HIRES.
THOSE PEOPLE DON'T HAVE ANYBODY TO COME TAKE CARE OF 'EM AND LOOK AFTER 'EM.
I'M THE ONLY ONE THAT'VE BEEN CALLING CODE.
THIS IS JUST A STEP UP ABOVE THE ARCH, BUT THEY'RE PAYING A LOT OF MONEY FOR NOTHING TO LIVE IN SQUALOR.
AND THERE'S PEOPLE 70, 80 YEARS OLD IN THERE THAT HAVE NOBODY.
THIS PLACE NEEDS TO BE CLOSED OUT.
YOU NEED TO HELP THIS MAN CLOSE THIS PLACE, CLOSE HER DOWN.
BUT APPRECIATE YOU COMING HERE TO SPEAK WITH US.
WAIT, IT'S MISS, IT'S STILL MS. PRINCE HAS THE, HAS THE FLOOR, SO, YEAH.
SO JUST REMAIN, WE MAY HAVE QUESTIONS.
UH, SO COMMISSIONERS HAVE QUESTIONS.
UH, SO I'M NOT A LAWYER, BUT, UM, COUNSEL, HOW, HOW IS THIS PLACE LEGAL TO OPERATE, I GUESS IS MY QUESTION.
LIKE, OBVIOUSLY THERE'S A BUNCH OF CODE VIOLATIONS, BUT LIKE, UH, IS, IS THIS, IS IT LEGAL TO RUN A PLACE LIKE THAT? I GUESS MY QUESTION IS LIKE, MORE BROADLY, SO I'M NOT SURE.
YOU KNOW, I DON'T HAVE ANY INFORMATION ABOUT THE BACKGROUND OF THIS PARTICULAR BUSINESS OR HOW, UM, YOU KNOW, HOW THEY'VE BEEN ABLE TO CONTINUE TO OPERATE AS A BUSINESS.
UM, IT DOES SEEM THAT THE REASON WHY WE'RE HERE TONIGHT IS BECAUSE ENOUGH COMPLAINTS HAVE BEEN SUBMITTED, UM, TO AT LEAST SHED SOME LIGHT ON IN TERMS OF WHAT'S BEEN GOING ON AT THIS PARTICULAR PROPERTY.
UM, AND SO I REALLY CAN'T SPEAK TOO MUCH TO, TO YOUR QUESTION AT THIS POINT.
UM, BUT YOU GUYS CERTAINLY HAVE THE ABILITY TO, TO DO SOMETHING.
SO I DO HAVE ONE QUESTION FOR, UH, INSPECTOR DUMAS.
IS ANYONE HERE FROM REPRESENTING OWNERSHIP OF THIS PLACE? THAT GUY, THAT'S OWNER.
ASKING US TO CLOSE THE PLACE DOWN.
JUST WANT YOU UNDERSTAND THAT.
THIS IS A QUESTION FOR, UM, THE OWNER.
UM, I AM UNCLEAR AT THIS TIME AS TO WHAT THE RELATIONSHIP IS WITH, UM, WHAT, WHAT OUR GUEST FROM THE PUBLIC DESCRIBED AS THE, THE LANDLORD.
BECAUSE TO OUR UNDERSTANDING SITTING HERE, UM, YOU ARE THE OWNER, BUT THERE SEEMS TO BE THIS OTHER PERSON WHO, UM, YOU'RE INDICATING HAS SOME KIND OF LEGAL AUTHORITY.
YOU'RE TELLING US THAT YOU CAN'T SHUT DOWN THE PROPERTY.
I, I, I'D JUST LIKE YOU TO, UH, UH, ELUCIDATE THE RELATIONSHIP WITH, UM, THIS WOMAN.
I, I, I CAN'T REMEMBER THE, THE NAME.
UM, WHAT, UH, WHAT IS HER OFFICIAL ROLE HERE THAT SHE'S ABLE TO STOP YOU FROM SHUTTING DOWN THIS PROPERTY? I DON'T THINK SHE HAVE NO, UH, UH, NO, UH, NO AUTHORITY TO, TO BE SOMETHING AGAINST ME.
UH, BUT, UH, BY LAW, IF THE CITY TITLE OUT THAT SOMETHING, UH, NEEDS TO BE, UH, REACHED TO THE COURT FOR SAFETY FOR THE PEOPLE, SHE MUST MAINTAIN THE PLACE IN ORDER PROPERLY, BUT SHE COULD NOT DO IT.
BUT IN THE LEASE, THEY CALED EVERYTHING.
SHE HAVE TO TAKE CARE OF EVERYTHING, MAKE SURE THAT YOU KNOW EVERYTHING IN ORDER.
SHE COLLECT $700 A PERSON PLUS FOOD STAMP, LONG STAR CARD FOR THE PEOPLE, LIKE TWO 50 A MONTH FOR FOOD, YOU KNOW, ALSO.
SO SHE ONLY BE THERE FOR THREE DAYS TO COLLECT MONEY AND GONE AND PLAN EVERYTHING ON ME.
SHE THINK SHE, SHE MAKE SURE THAT I HAVE TO FACE WITH THE, UH, COMPLAINTS FROM THE CITY.
SO I HAVE COMPLIANCE WITH THE CITY.
SO NOW, UH, BUT I HAVE OPPORTUNITY TO, TO TALK TO YOU AS A COMMISSIONER, AND I RAISE MY PRAISE TO YOU, THE BEST WAY TO PROTECT PEOPLE AND MAKE PEOPLE HAVE GOOD LIFE THERE TO SHUT DOWN THE PLACE.
SO THIS WAS JUST, THIS WAS JUST A QUESTION, BUT, BUT MIND IF I ASK FOLLOW UP.
[00:55:01]
UP.UH, YES, I, I I, I, I SUPPOSE I'M STILL JUST UNCLEAR AS TO WHY THIS PERSON WHO DOES NOT APPEAR TO BE THE OWNER IS COLLECTING RENT, UM, OR IN CHARGE OF THE LEGAL RESPONSIBILITIES OF THIS BUILDING.
I MEAN, FRANKLY, THE REASON WHY WE, WE, WE'VE CALLED YOU TODAY, UH, AS OPPOSED TO THIS WOMAN IS BECAUSE YOU ARE THE REGISTERED OWNER, YOU BEAR THE RESPONSIBILITY FOR THE PROPERTY.
I'M NOT CLEAR WHERE THIS THIRD PARTY, THIRD PARTY SEEMS TO ACTUALLY FIT INTO THIS RELATIONSHIP.
ALL BECAUSE WE ONLY HAVE RELATIONSHIP BY THE LEASE AGREEMENT.
AND THE LEASE AGREEMENT CLARIFIED, VERY CLEAR, THE OWNER OF THE BUSINESS HAVE TO TAKE CARE ALL THE REPAIR AND MAINTAIN THE PROPERTY PROPERLY IN ORDER TO, UH, COMPLIANCE WITH THE CITY COURT AND SAFETY FOR PEOPLE AND CITY, SHE BLAME ON ME.
SO, COMMISSIONERS, I'D LIKE TO LIKE TO ACTUALLY MOVE TO CLOSE THE PUBLIC PORTION.
WE CAN STILL ASK QUESTIONS, BUT I'D LIKE TO JUST MOVE THAT WE CLOSE THE, THE PUBLIC HEARING.
DOES ANYONE SECOND THAT? I SECOND.
ANYONE OPPOSED TO TAKE A FULL, WE DON'T HAVE TO TAKE A FULL.
ANYONE OPPOSED TO CLOSING THAT? NO.
SO, UM, WE WILL STILL ASK COMMISSIONER SIG FIRST.
SO THE WAY I SEE IT, MR. WYNN OWNS THE PROPERTY.
HE HAS A LEASE WITH ZOE'S PLACE.
THEN SHE GOES AHEAD AND SUB LEASEES IT TO 40 PEOPLE AND SHE'LL PAY HIM WHATEVER RENT IT IS.
IF SHE GETS TO KEEP THE DIFFERENCE.
HE'S RESPONSIBLE FOR ALL OF THE REPAIRS.
SHE DOESN'T HAVE TO DO ANYTHING BECAUSE SHE'S GOT THE LEASE.
SO WE'RE CAUGHT IN BETWEEN A DISPUTE BETWEEN THE OWNER AND THE, THE PERSON WHO'S LEASING THIS PLACE.
SO, OH, DO YOU WANT GO CHAIR? UH, COMMISSIONER SALT.
I THINK THAT THERE WAS, YOU MAY BE SLIGHTLY MISUNDERSTOOD WHAT, UM, MR. WEN SAID.
SO I THINK THIS SITUATION, THIS IS PROBABLY A, SOME SOMEWHAT NON-STANDARD LEASE AGREEMENT BETWEEN BUSINESSES WHERE TECHNICALLY ZOE IS RESPONSIBLE FOR PROPERTY MAINTENANCE AND REPAIRS SUCH THAT SHE WOULD BE LIABLE FOR ANY CITY OF AUSTIN CHARGES.
NOT THE PROPERTY OWNER, BUT I'M NOT A EXPERT ON CONTRACT LAW.
THAT'S JUST SEEMED TO BE WHAT WENT LIKE, LEMME FINISH.
I WAS GONNA SAY, THIS IS A DISPUTE BETWEEN THE OWNER AND THE PERSON WHO'S LEASING THE PROPERTY.
WE HAVE NO BUSINESS GETTING INVOLVED IN THAT DISPUTE.
I THINK WE HAVE A RESPONSIBILITY TO MAKE SURE THAT THE BUILDING IS SAFE.
AND IF IT'S NOT, THEN WE IMPOSE A VARIETY OF, UH, RECOMMENDATIONS AS THE ORDER SAYS AND GO FROM THERE.
WE, AND I THINK THAT'S WHERE WE STAND ON THIS.
I, I AGREE WITH YOU, COMMISSIONER.
I THINK IT'S CLEAR FROM THE PHOTOS AND FROM WHEN WE SAW THAT THERE'S, THERE'S ISSUES.
UM, THERE ARE PROBLEMS HAPPENING AT THIS PROPERTY.
IT, IT IS DIFFICULT TO UNDERSTAND HOW SOME OF THIS IS HAPPENING IN THE CITY.
UM, BUT WE HAVE, WITHIN OUR JURISDICTION, WITHIN OUR AUTHORITY, UM, WE HAVE A TOOL IN FRONT OF US, WHICH IS THE RECOMMENDED ORDER FROM STAFF.
UM, FRANKLY, THE INS AND OUTS OF THE LEASE AND THEIR AGREEMENT AND HOW IT WORKS AND WHO'S WHAT THEY PROMISED EACH OTHER.
UM, UNLESS SOMEBODY CONVINCES ME OTHERWISE, AT THIS POINT IN TIME, I'M, I'M, I'M IN FAVOR OF JUST ADOPTING THE ORDER AS IT STANDS.
IN FACT, I WOULD MAKE A MOTION THAT WE, OR THAT WE ADOPT THE CITY'S RECOMMENDED ORDER IN ITS ENTIRETY.
DOES ANYONE WANNA SECOND THAT? I WOULD LIKE TO COMMENT BEFORE WE MOVE.
SO I WOULD PREFER TO HEAR WHAT, AS A POINT OF INFORMATION THERE CAN BE DISCUSSION BEFORE A VOTE IS, IS TAKEN.
COMMISSIONER CAMPBELL, UH, IN THAT CASE, I, I I I WOULD SAY THAT, UM, YOU ARE CORRECT.
IT SEEMS AS THOUGH THE REMEDY THAT WE HAVE AVAILABLE TO US IS, IS NOT TO SHUT DOWN THE PROPERTY.
I, I WOULD JUST SAY TO, TO THE PROPERTY OWNER, IF YOU'RE ALLEGING THAT THEY ARE VIOLATING THE TERMS OF THIS LEASE, IT SEEMS LIKE THERE ARE OTHER LEGAL AVENUES THAT YOU COULD PURSUE TO, UM, GET THIS PLACE, UH, SHUT DOWN TO HAVE ITS OPERATIONS CEASE.
UH, I DON'T THINK THAT THAT'S THE PROPER ROLE OF THIS COMMISSION.
UM, WE'RE HERE TO ENSURE THAT YES, THE PROPERTY IS IN GOOD CONDITION, BUT, UH, NOT TO ENSURE THAT THEY ARE FOLLOWING THE TERMS OF THE LEASE.
UM, THAT, THAT'S JUST MY, UH, POINT THAT I'D LIKE TO MAKE.
THAT WERE NOT THE PROPER BODY TO HAVE THIS
[01:00:01]
PLACE SHUT DOWN OR TO, UH, POLICE THE, THE TERMS OF THE LEASE.MR. WIND, DID YOU WANNA RESPOND TO THAT? YES, SIR.
UH, I BELIEVE THAT TO BE FULLY COMPLIANCE REQUEST FOR THE CITY TO REPAIR THAT PROPERTY IS NOT EASY.
YOU KNOW, IT'S MOST DIFFICULT BECAUSE NOBODY WANT TO COME THERE TO COMPLETE THE JOB AND A LOT OF PEOPLE MENTAL ILLNESS AND, UH, AROUND THEM AND MAKE THEM SCARED.
SO THE ONLY THING WE CAN DO IF WE, YOU WANT TO HELP THEM TO STAY THERE FOR A WHILE, WE GOT ONLY CAN, YOU KNOW, FIX UP TWO STEP BY STEP.
SOMETHING WRONG, WE FIX SOMETHING WRONG, WE FIX TO MAKE IT LIKE TO LEAVE A LIVABLE.
BUT IF FULLY COMPLIANCE, WE CANNOT DO IT UNLESS WE MOVE THE BOW.
UH, WOULD YOU PLEASE RECOGNIZE, UH, FIRE MARSHAL TRUDEL? I THINK HE HAS A QUESTION.
OH, I MISSED THE DIGITAL HAND ON THE SCREEN.
YEAH, I JUST WANTED TO, UM, POINT OUT THAT THERE'S, YOU KNOW, UH, A LOT GOING ON HERE.
UH, I WASN'T AWARE OF THIS LOCATION UNTIL TONIGHT, BUT, UH, YOU KNOW, UH, THE, THE ILLEGAL OPERATION OF A BUSINESS DOES NOT, UM, COMPLY WITH ANY LEASE.
SO THAT, THAT'S NOT REALLY THE CONCERN HERE.
AND I, I DON'T SEE ANY LIMITATION ON, UH, THE OWNER, BUT I WILL SAY THAT WE ARE GONNA FOLLOW UP TOMORROW WITH OUR OWN INSPECTION.
UH, I WOULD NOT FEEL COMFORTABLE WITH ANYONE LIVING IN, IN THIS SPACE FOR ANY, YOU KNOW, FOR AT ALL, FOR ANY PERIOD OF TIME.
SO I, YOU KNOW, I WANT TO MAKE SURE THAT THE OWNER IS AWARE THAT HE DOES CARRY LIABILITY DESPITE HAVING A LEASE.
HE'S AWARE OF THE CONDITIONS NOW, MA IT'S BEEN MADE, HE'S BEEN MADE AWARE OF THAT, AND HE HAS A DUTY TO, UH, PROVIDE, UH, ASSURANCES THAT THIS IS MADE SAFE.
UM, IS IT ON AMENDMENT TO YOUR, UH, MOTION? WELL, UH, WE'LL HEAR THE AMENDMENT.
WE'LL HEAR THE, WE'LL HEAR YOUR AMENDMENT, BUT I JUST WANNA REMIND EVERYONE THAT I, I UNDERSTAND THAT THERE, THERE SEEMS TO BE SOME HESITATION, UH, PERHAPS AMONG SOME OF THE COMMISSIONERS BECAUSE WE DON'T, YOU KNOW, EXACTLY KNOW WHO'S DOING WHAT.
BUT, BUT AGAIN, I, IT'S NOT, YOU KNOW, WE, WE HAVE RECOMMENDED ORDERS BASED ON PROPERTIES, RIGHT? AND, YOU KNOW, WHETHER THEY'VE GOT SOME LEGAL OR ILLEGAL ARRANGEMENT GOING ON IS IRRELEVANT TO THE FACT THAT IT'S NOT IN COMPLIANCE.
UH, I THINK FOR ME, THAT WAS FAIRLY EVIDENT AND, AND THAT WE ONLY HAVE ONE ACTION THAT WE CAN TAKE IF WE WISH TO REMEDY THAT, AND THAT'S THE RECOMMENDED ORDER, BUT WE CAN CERTAINLY MODIFY IT.
BUT THAT'S WHAT I HAVE TO SAY.
BUT, BUT WHAT IS YOUR AMENDMENT? YOU KNOW, THE, THE AMENDMENT THAT WOULD PROPOSE FORWARD IS TO, UH, LOWER THE TIME PERIOD FROM 45 TO 30 DAYS, WHICH IS THE, I THINK THE MINIMUM SUPPORTABLE, UH, REASONABLE TIME PERIOD AVAILABLE FOR US, RIGHT COUNSEL? UH, THAT IS THE MINIMUM THAT HAS BEEN FOUND TO BE SUFFICIENT.
SORRY, THAT'S ONLY IF YOU WANNA EXCEED CERTAIN TIMES.
SO THAT'S A MOTION MOVING 45 TO 30 DAYS, IT JUST SEEMS IN THIS SCENARIO.
UH, UH, SHORT OF SAYING ZERO, I THINK 30 DAYS IS THE, YOU KNOW, MOST AMOUNTS OF, UH, EXPEDIENCY IF WE CAN DO FOR THIS.
YEAH, I, EXCEPT THAT AMENDMENT THAT THAT'S LEGAL THEN.
SO, UH, IT'S ENTIRELY UP TO THE BOARD, IF YOU WILL, WOULD LIKE TO, UH, TO MAKE THAT AMENDMENT.
I, UH, THANK, UH, THANK YOU, UH, CHAIR.
UM, I, I THINK, UH, I, I WAS BASICALLY JUST GOING TO ECHO, UH, THE SENTIMENTS EXPRESSED BY THE CHAIR AND COMMISSIONERS, UH, SALLY AND CAMPBELL AND, AND, UH, UM, YOU KNOW, AT THIS POINT AND, AND DIVISION CHIEF, UH, TRUSDALE, UH, YOU KNOW, AT THIS POINT, MY CONTRIBUTION MAY, MAY ACTUALLY BE REDUNDANT, BUT, UH, JUST, YOU KNOW, IN, IN MY EXPERIENCE ON THIS COMMISSION, I, I JUST WANT TO, UH, SORT OF SAY THAT IT, IT'S, IT'S RARE THAT AN INTERNAL RELATIONSHIP BETWEEN, UH, OR AMONG UH, OWNERS OR INTERESTED PARTIES IN THE PROPERTY, YOU KNOW, SHOULD AFFECT OUR DECISION WHETHER TO, UH, YOU KNOW, SORT OF UTILIZE, I BELIEVE, UH, I BELIEVE MR. CHAIRMAN, YOU CALLED IT THE TOOL THAT WE HAVE, RIGHT? UM, AND, AND I DON'T THINK THIS IS ONE OF THOSE CASES, UH, I I, YOU KNOW, I HAVE SEEN THEM.
I THINK THE EXCEPTIONS ARE RARE.
I THINK PROBATE ISSUES CAN, CAN, UH, CAN,
[01:05:01]
CAN SORT OF FRUSTRATE OUR ABILITIES TO ACT ON OCCASION, UH, DEPENDING ON WHERE A PROPERTY IS IN THE PROCESS.UH, BUT HERE, TO THE EXTENT THAT THERE IS SOME AGREEMENT OR SOME LEASE GOVERNING THE RELATIONSHIP BETWEEN, UH, THE TITLE OWNER, UH, THE, YOU KNOW, THE CAD OWNER, UH, AND HIS, HIS LESSEES OR HER SUB LESSEES, AND ON AND ON, UH, THAT IS GOVERNED BY THE TERMS OF THEIR LEASE.
AND, AND YOU KNOW, TO THE EXTENT THAT, YOU KNOW, SHE, SHE HAS AGREED TO, UH, BE RESPONSIBLE FOR, UH, UH, YOU KNOW, MAINTENANCE OF THE PROPERTY FOR WHICH HE'S ULTIMATELY RESPONSIBLE UNDER THE LAW, WELL, HE CAN SEEK SATISFACTION FROM HER IN, IN COURT, UM, YOU KNOW, AND SUE HER UNDER THE TERMS OF THAT LEASE.
THAT'S REALLY NOT, UH, FOR US TO CONSIDER.
UH, AND SO I THINK EVERYBODY SEEMS TO BE ON THE SAME PAGE.
THAT SEEMS TO BE WHERE THIS IS HEADED.
SO AT THIS POINT, MY, LIKE I SAID, I THINK MY CONTRIBUTION AT THIS POINT IS JUST REDUNDANT, BUT I JUST, I JUST WANTED TO OFFER THAT, ESPECIALLY FOR THE NEWER MEMBERS.
UM, YOU KNOW, IF YOU HAVEN'T SEEN MANY OF THESE CASES, YOU'RE GOING TO OCCASIONALLY SEE CASES WHERE SOMEBODY COMES IN AND RAISES, YOU KNOW, SOME SORT OF CONVOLUTED ISSUE, UH, BETWEEN THEMSELVES AND OTHER PARTIES, THAT IN THEIR VIEW MAKES IT SORT OF IMPOSSIBLE FOR US TO ACT BECAUSE, YOU KNOW, WE, WE THINK THAT THE, UH, WE MAY THINK THAT THE, UH, UH, YOU KNOW, THE PARTY WHO'S SORT OF MORALLY RESPONSIBLE OR ETHICALLY RESPONSIBLE ISN'T BEFORE US, AND THAT THE PROPERTY OWNER IS INNOCENT OR THEIR HANDS ARE TIED IN SOME RESPECT.
I, I, I THINK IF YOU PEEL BACK THE LAYERS, AND IF YOU LOOK AT IT, UH, THE, UH, THE UTILITY OF OUR POWER IS TO CREATE A FINANCIAL INCENTIVE TO BRING THE CO PROPERTY INTO COMPLIANCE WITH CODE.
AND, UH, YOU KNOW, IF YOU IMPOSE IT ON A PARTY WHO HAS, UH, YOU KNOW, A CONTRACTUAL RELATIONSHIP WITH SOMEONE ELSE, UH, THAT, THAT OFFLOADS THAT, THAT RESPONSIBILITY ONTO THEM, THEY NEED TO TAKE IT UP WITH THAT OTHER PARTY.
UH, IF THAT OTHER PARTY REMAINS RECALCITRANT, THEY NEED TO AVAIL THEMSELVES OF THE REMEDIES AVAILABLE IN THE COURT OF LAW.
IT'S NOT FOR US, UH, TO DECIDE.
WE CAN JUST LOOK AT THE PROPERTY, WE CAN SEE IF IT'S IN COMPLIANCE WITH THE MAINTENANCE CODE AND WITH OUR ORDINANCES.
AND IF IT'S NOT, UM, THIS IS WHAT WE DO.
WELL, LET ME, LET ME RESTATE
SO THE MOTION IS TO MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER EXCEPT FOR CHANGING 45 DAYS TO 30 DAYS.
UM, UH, YES, I SECOND TO THAT FOUR, AND I'LL SECOND THAT AGAIN.
UM, SO, UH, YES, MR. SORRY, I'M ON YOUR POINT.
BUT, UM, AND THEN AFTER ON THE 31ST DAY, THEN THE PENALTY WOULD, WOULD BEGIN ON THE 31ST, SORRY.
WITH THAT ALSO THAT CHANGE THAT IT BECOMES, UH, THE 31ST DAY.
UM, SO WITH THAT, UM, I'LL GO AHEAD AND, UH, CALL A VOTE.
I'LL START WITH OUR ONLINE COMMISSIONERS.
COMMISSIONER BENIGNO, ABSTAIN.
SO I DID NOT HEAR MOST OF THAT.
UH, MR. WYNN AND MS. UH, PRINCE.
LEMME SEE, UM, UM, MR. WYNN, THE, UM, THIS, THE ORDER WILL BE MAILED TO YOU.
UH, I THINK THERE'LL BE A SEPARATE COMMUNICATION TO YOU FROM THE CITY.
SO YOU, YOU, YOU ARE WELCOME TO, UH, HANG UP IF YOU WISH.
YOU'RE WELCOME TO WATCH THE REST OF THE PRO, UH, HEARING IF YOU WISH.
BUT, UM, THANK YOU FOR PARTICIPATING TODAY.
SO ARE WE MOVING ON TO FOUR? I JUST WANTED TO MAKE SURE THAT WE, UM, WE WERE UNSUCCESSFUL RE UM, CONTACTING MR. LYLE.
[01:10:02]
I WAS PREOCCUPIED WITH, UH, GETTING, UH, COMMISSIONER BENINO BACK ONLINE, SO I HAVEN'T HAD A CHANCE TO TRY CALLING HIM AGAIN.WE'LL, UM, LET'S GO AHEAD AND TAKE UP ITEM NUMBER FOUR IN THAT CASE.
[4. Case Number: CL 2023-070864 (Part 1 of 2)]
ON THE AGENDA IS CASE NUMBER CL 20 23 0 7 0 8 6 4 REGARDING A RESIDENTIAL PROPERTY LOCATED AT 8 2 0 3 LANDSMAN DRIVE.THE EXHIBITS CAN BE FOUND IN THE LIME GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS UNOCCUPIED DUE TO FIRE DAMAGE.
THE CASE WAS OPENED IN AUGUST OF 2022 AS A RESULT OF A COMPLAINT, THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND UNSAFE AND REQUIRE REPAIR OF THE RESIDENTIAL STRUCTURE.
IN YOUR GOOGLE, IN YOUR GOOGLE DRIVE HOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, MAPS OF THE PROPERTY, NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING, AND OF EACH AND THE REQUIRED POSTINGS, A FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
CODE INSPECTOR JEFFREY MOODY IS CURRENTLY ASSIGNED TO THIS CASE.
UM, CODE SUPERVISOR JOE LUCAS IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
SUPERVISOR LUCAS, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, CHAIR AND COMMISSIONERS.
MY NAME IS JOSEPH LUCAS AND I'M A SUPERVISOR WITH THE AUSTIN CODE DEPARTMENT, UH, OVER THE SOUTH NEIGHBORHOOD TEAM.
UH, THIS FOLLOWING PROPERTY LOCATED AT 82 0 3 LANDSMAN DRIVE IS A RESIDENTIAL PROPERTY.
THIS CASE WAS INITIATED ON AUGUST 24TH, 2022, UH, BY A COMPLAINT TO 3 1 1 FOR AN UNINHABITED NEGLECTED HOUSE IN AN OVERGROWN YARD.
INSPECTOR SCOTT MOODY RESPONDED TO THE INITIAL COMPLAINT AND HE OBSERVED THE FRONT YARD WAS OVERGROWN AT THE TIME, AND THE FRONT OF THE STRUCTURE APPEARED TO BE FINE.
UH, STRUCTURAL DEFICIENCIES WERE NOT VISIBLE FROM THE FRONT OF THE STRUCTURE.
INSPECTOR MOODY LEARNED THAT THE REAR OF THE STRUCTURE HAD CAUGHT FIRE BACK IN MARCH 3RD, 2016.
UM, AT THAT TIME, UM, WE REQUESTED THE FIRE REPORT AND THE AUSTIN FIRE REPORT, UH, REPORTED THAT WHEN THEY ARRIVED BACK ON MARCH 3RD, 2016, THEY HAD FOUND A STORAGE SHED, UH, IN THE BACKYARD, VERY CLOSE TO THE, UH, PROXIMITY OF THE MAIN STRUCTURE, WAS FULLY INVOLVED IN FIRE.
THAT FIRE SPREAD TO THE HOUSE, UH, BURNING A PATIO COVER AND INTO THE ATTIC.
UM, THE FIRE DEPARTMENT CUT SEVERAL HOLES INTO THE ROOF AND BROUGHT THE FIRE UNDER CONTROL.
UH, THERE WAS ALSO FIRE DAMAGE TO THE PROPERTY NEXT DOOR.
UH, COMMISSIONERS, UM, THIS MIGHT BE, UH, THE BEST TIME TO REVISIT.
WE HAVE THE OWNER BACK ON NOW.
UM, COMMISSIONERS, WHAT IS YOUR WISH? LET'S DO THAT NOW.
YEAH, WE'VE HAD PROBLEMS CONTACTING THIS, UH, ONA IN THE PAST, SO WE SHOULD TAKE THE OPPORTUNITY.
SO, UM, LET'S GO AHEAD AND DO THAT.
THIS IS A CASE TRYING TO APPEAR FOR MEETINGS NOW, TECHNICAL DIFFICULTIES.
WE'LL HEAR YOUR CASE IN ITS ENTIRETY.
UM, SO, UH, LET'S, I GUESS PUT, HOLD ON.
WELL, MR. CHAIR, WE, UH, WE INTEND TO START FROM THE GIVING.
THAT OVER, UH, I'M, I'M SORRY, CHAIR.
JUST AS A POINT OF ORDER, IF WE CAN GET A MOTION TO A QUICK MOTION TO TABLE, UH, MR. WAGMAN'S, ITEM I MOTION TO TABLE NUMBER, UH, UH, CASE NUMBER FOUR.
[01:15:14]
R SIX.I PUSHED MR. DAVIS, CAN YOU HEAR
[2. Case Number: CL 2023-087183 (Part 2 of 2)]
US? I CAN HEAR YOU, YES.UH, IT'S IN YOUR, YOUR HANDS NOW.
SO WE'RE GONNA TURN IT OVER TO YOU TO, UH, INFORM THE COMMISSION ABOUT WHAT'S HAPPENING AT THAT PROPERTY.
SO I CAN TALK NOW? YES, PLEASE DO.
I'M THE OWNER OF THE PROPERTY.
I LIVE IN MIAMI, FLORIDA, AND I'VE BEEN BEDRIDDEN FOR ALMOST A YEAR WITH A HEART CONDITION.
AND I HAVE NOT DRIVEN MY CAR IN A YEAR.
I HAVE LIKE A NEW CAR, AND IT'S JUST SITTING OUT IN FRONT OF MY CONDOMINIUM.
SO THAT'S WHY I HAVEN'T BEEN TO AUSTIN TO CHECK ON THE HOUSE.
AND I WAS HOPING THAT INSTEAD OF DOING THE MEASURE THAT YOU'RE TAKING TODAY WITH VOTING ON IT AND SUBMITTING THIS MODE OF ACTION, IF YOU WOULD JUST WRITE ME A LETTER AND SEND ME THOSE PICTURES.
I HAVE NOT SEEN ANY OF THE PICTURES, AND IF YOU WOULD JUST INFORM ME, I HAVE NOT BEEN RECEIVED A LETTER.
I GUESS THEY SENT IT TO ANOTHER ADDRESS.
I'M AT 65 47 SOUTHWEST ONE 16 PLACE, UNIT D AS IN DOCTOR.
THAT'S MIAMI, FLORIDA, 3, 3, 1, 7, 3.
SO I'M REQUESTING THAT INSTEAD OF TAKING ACTION TODAY, LIKE YOU ARE CONSIDERING, IF YOU WOULD JUST FIRST DO ME THE COURTESY OF WRITING ME A LETTER AND SENDING ME THOSE PICTURES THAT WERE TAKEN ON SEPTEMBER 23RD SO THAT I CAN LOOK AT THEM AND THERE'S A POSSIBILITY I MIGHT BE ABLE TO GET OUT OF MY BED, GO TO AUSTIN, AND IN THE, IN THE, UH, IF YOU DON'T DO THAT, JUST WRITE ME THE LETTER AND YOU DO THE OTHER.
THEN I'M ASKING THAT YOU CHANGE IT FROM 45 DAYS TO 90 DAYS AND PERHAPS 180, AND THAT YOU CHANGE THE PENALTY, THE MONETARY AMOUNT TO $100 A MONTH, WHICH SEEMS REASONABLE FOR A MONETARY PENALTY.
THE OTHER ONE IS ENTIRELY UNREASONABLE.
AND I DON'T KNOW WHERE THIS BOARD THAT YOU HAVE THERE, OR THIS GROUP OF COMMISSIONERS OR THIS GROUP OF PEOPLE THAT YOU, THAT YOU ARE, I DON'T KNOW WHERE YOU GET YOUR POWER.
WHERE DID YOU GET SUCH A POWER THAT YOU CAN DECIDE SOMETHING AS DEMONSTRATIVE AS CHARGING $250 A WEEK PENALTY? THAT'S ABSURD.
ANYWAY, SO I'M PROPOSING 90 DAYS INSTEAD OF 45 AND A HUNDRED DOLLARS A MONTH PENALTY THEREAFTER.
AND BEFORE ALL THAT, I'M PROPOSING THAT YOU DON'T DO ANYTHING, THAT YOU JUST WRITE ME A LETTER AND GIVE ME THE COURTESY OF A LETTER BEFORE YOU DO ANYTHING AND SEND ME THE PICTURES, ET CETERA, ET CETERA.
AND THE ONE THROUGH K OR TWO THROUGH K, OR THREE THROUGH K, OR SIX, EIGHT TO K, WHATEVER THEY ARE, SEND ALL THAT INFORMATION TO ME.
I'M GOING TO SAY MY ADDRESS ONE MORE TIME, AND THEN THAT'S, I'M THROUGH 65 40.
LYLE L DAVIS, 65 47 SOUTHWEST,
[01:20:01]
ONE 16 PLACE UNIT D AS IN DOCTOR, MIAMI, FLORIDA, 3, 3, 1, 7, 3.UH, MR. DAVIS, DON'T GO ANYWHERE.
WE, WE MAY HAVE QUESTIONS FOR YOU.
WHO WAS THAT LESS THAN, WAS THAT LESS THAN FIVE MINUTES? UH, YES, IT WAS LESS THAN TIME.
UM, I, I KNOW WE'RE KIND OF DOING THIS A LITTLE BIT, THE USUAL, RIGHT? WE'VE SEEN PART OF IT IN THE TWO PARTS.
SO WE'RE JUST PICKING UP WHERE WE NORMALLY WOULD FOR IF WE HAVE QUESTIONS, CORRECT.
SO COMMISSIONER SOAD, YOU'RE RECOGNIZED.
I JUST HAVE A QUESTION FOR THE OWNER OR MAYBE A COUPLE OF QUESTIONS FOR THE OWNER.
UM, MR. DAVIS, HAVE YOU TAKEN STEPS TO ARIS, THE TRAVIS CENTRAL APPRAISAL DISTRICT OF YOUR CURRENT ADDRESS AT 65 47 SOUTHWEST ONE 16? IN, IN MIAMI? YES, THAT'S IN MIAMI.
AND SO YOUR CO CORRESPONDENCE FROM THE TRAVIS CENTRAL APPRAISAL DISTRICT, UH, UH, UH, MAKING YOU AWARE OF YOUR PROPERTY TAX LIABILITY ON THIS PROPERTY IS, IS BEING DIRECTED TO THAT MIAMI ADDRESS? UH, I CAN'T SAY THAT I'VE RECEIVED EVERYTHING.
SO, SO YOU HAVEN'T PAID, HAVE YOU PAID TAXES? IS THE TA PROPERTY TAXED CURRENT ON THIS PROPERTY? RIGHT NOW? I'M RECEIVING NOTICES OF THE TAXES BECAUSE THEY'VE GOTTEN UP TO $31,000 IN JUNE.
THAT'S THE ONE I HAVE RIGHT HERE IN MY HAND.
AND SO THE TRAVIS CENTRAL APPRAISAL DISTRICT IS ADDRESSING THAT CORRESPONDENCE TO YOU WHEN IT INFORMS YOU OF YOUR PROPERTY TAX LIABILITY? I'M GONNA PAY THOSE.
IN FACT, I'LL PAY 'EM TOMORROW.
I GUESS, LET ME, LET ME PUT IT A DIFFERENT WAY, BECAUSE WHAT I'M GETTING AT WITH MY QUESTION IS WHETHER YOU HAVE ANY REASON, UH, THAT YOU'RE AWARE OF WHY THE TRAVIS CENTRAL APPRAISAL DISTRICT WOULD LIST 48 0 7 DUVAL AS THE MAILING ADDRESS FOR THE OWNER OF 48 0 7 DUVAL AND MAKE NO MENTION OF THIS MIAMI ADDRESS? WHAT IS YOUR QUESTION? I'M JUST ASKING, I'M JUST ASKING IF YOU WOULD HAVE, IF YOU, DO YOU BELIEVE THAT THAT IS IN THAT, THAT THAT ADDRESS ON THE TRAVIS C A D IS AN ERROR? UH, YOU KNOW, THIS IS A, THE RECORD OWNERSHIP IS AN ERROR.
AND HAVE YOU, AND DO YOU HAVE ANY, ANY UNDERSTANDING OF WHY, UH, YOUR, YOUR CORRECT ADDRESS MIGHT NOT BE REFLECTED AND THAT, AND THE TITLE, THE, OR THE RECORDS YOU'RE ASKING? SO THE QUESTION IS WHY, IF YOU KNOW OF WHO, WHAT, WHERE, WHEN, AND WHY YOU'RE ASKING WHY, RIGHT? YEAH.
IF, IF, YOU KNOW, OKAY, I HAVE NO, I CAN'T RESPOND TO THAT.
AND BEFORE WE PROCEED WITH OTHER QUESTIONS, JUST THE TECHNICALITY, BECAUSE THIS IS SO UNUSUAL AND WE'RE DOING IT OVER TWO MONTHS, I, I DON'T QUITE REMEMBER IF WE ACCEPTED THE EXHIBITS LAST TIME.
SO WE'RE GONNA GO AHEAD AND I'M GONNA AHEAD MAKE THAT MOTION AGAIN, AND THEN WE'LL PICK UP WITH THE QUESTIONS AGAIN.
SO, UM, I MOVE THAT WE ACCEPT EXHIBITS FIVE AND SIX A THROUGH SIX K INTO THE RECORD.
SO, SORRY, BACK TO, UH, QUESTIONS.
WHAT IS THE NAME OF THIS GROUP OF PEOPLE? THIS IS THE CITY OF AUSTIN, UM, UH, BILLING STANDARDS COMMISSION.
AND YES, SO, UH, AND IF YOU'VE HAD, IF WE ASK YOU A QUESTION, THEN, THEN YOU CAN ANSWER, BUT AT, BUT AT THIS POINT, YOU'VE BEEN RECOGNIZED, UH, ALREADY AND IT'S NOT YOUR TURN TO SPEAK.
SO IF YOU COULD JUST NOT INTERRUPT ONE ANOTHER PEOPLE.
YEAH, I GUESS THIS IS MORE OF A CLARIFICATION QUESTION MAYBE FOR MY OTHER, UH, COMMISSIONERS, SINCE I'M THE NEWEST ONE OF THE BOARD, IT'S LIKE MY SECOND MEETING.
UM, WE USE THE TRAVIS COUNTY ADDRESS RIGHT WHEN SENDING OUT ALL NOTIFICATIONS, UH, KIND OF GETTING AT WHAT, UH, COMMISSIONER STADA WAS SAYING.
ALSO, UH, PRIOR TESTIMONY, WE ACTUALLY SET A NOTICE OF VIOLATION TO 48 0 7, AND THEN MM-HMM.
SO ONE WAS ALSO SENT TO THE NEW ADDRESS.
[01:25:01]
ANY OTHER QUESTIONS? AND NOT THAT, NOT, IT DOESN'T REALLY MAKE TOO MUCH OF A DIFFERENCE, BUT, UH, THOSE WERE SENT BY REGULAR MAIL AND BY CERTIFIED MAIL.SO IF ONE LANDS AND THE OTHER DOESN'T GET PICKED UP, WE KNOW THAT, YOU KNOW, THE ADDRESS IS VALID.
AND JUST TO CLARIFY, SO THAT WAS RIGHT.
I MEAN, IT JUST CHANGED AGAIN, IT IS 48 0 7 DEVAL, BUT WE HAD INITIALLY SENT IT TO MIAMI, THEN WE SENT IT TO DEVAL, AND HE'S GETTING R R M L.
UH, COMMISSIONER CAMPBELL? UH, ACTUALLY THAT ANSWERS MY QUESTION.
I, I MEAN, I, I WAS GOING TO ASK THE PROPERTY OWNER IF HE HAD ACTUALLY RECEIVED THE MAIL, BUT IF IT WAS CERTIFIED MAIL, THEN IT WOULD SEEM TO BE THAT THEY HAVE BEEN GIVEN NOTICE.
WE CLOSE THE PUBLIC HEARING AGAIN, WE CAN STILL ASK QUESTIONS.
SO THE, THE HEARING IS, IS NOW CLOSED.
UM, DOES, UM, SO WE'RE OPEN FOR DISCUSSION.
DOES ANYONE HAVE, UH, ANY QUESTIONS TO, UM, FOR THE, FOR THE CITY OR FOR MR. UH DAVIS, OR JUST WANNA MAKE A MOTION OR DISCUSSION? COMMISSIONER CAMPBELL? SO IF I'M UNDERSTANDING IT CORRECTLY, AT THIS POINT, WE HAVE GIVEN MR. DAVIS NOTICE OF THE ACTUAL VIOLATIONS ALLEGED.
SO I MEAN, THE, THE, THE PICTURES ARE NICE, BUT, YOU KNOW, THEY AREN'T THE, THE SUBSTANTIVE ELEMENT OF WHAT WE ARE, UM, TRYING TO ADDRESS.
IT SEEMS AS THOUGH MR. DAVIS HAS BEEN GIVEN NOTICE OF THE SUBSTANTIVE ISSUES.
UM, I'D BE WILLING TO CONSIDER EXTENDING THE TIME JUST TO, ESPECIALLY SINCE HE'S OUT OF STATE, UM, TO GIVE HIM AMPLE TIME TO ACTUALLY MAKE THE REPAIRS OR HOW ARRANGE TO MAKE THE REPAIRS.
UM, BUT YOU KNOW, IT SEEMS AS THOUGH HE HAS BEEN GIVEN AMPLE NOTICE AT THIS POINT.
AND JUST AS FROM WHAT I HEARD, AND CORRECT ME IF ANYONE HEARD DIFFERENTLY, I HEARD TWO ASKS IN, IN HIS TESTIMONY, WHICH WAS THE, UH, 45 TO 90 DAYS AND THEN MORE TIME THEN REDUCING THE PENALTY, THE CIVIL PENALTY FROM A HUN TWO 50 PER WEEK TO A HUNDRED PER WEEK.
THANK YOU FOR THAT CLARIFICATION.
ANY OTHER DISCUSSION? UM, I MEAN, UM, LIKE CAMPBELL, LIKE, UH, COMMISSIONER CAMPBELL SAID, UM, I THINK, YOU KNOW, THERE SOME ARGUMENT CAN BE MADE FOR AN EXTENSION, EVEN THOUGH HE HAS BEEN GIVEN AMPLE NOTICE, CERTIFIED MAIL, UH, THAT SORT OF CLARIFIES THINGS FOR A BIT.
I'LL BE RESTENT TO CHANGE THE, UM, THE TOTAL AMOUNT JUST BECAUSE IT'S FAIRLY STANDARD TO WHAT WE'VE SEEN BEFORE FOR SIMILAR CIRCUMSTANCES, AND THERE DOESN'T SEEM TO BE, FROM WHAT, UM, MR. DAVIS SAID, ANY SPECIAL EXTENUATING CIRCUMSTANCES THAT WOULDN'T BE MITIGATED BY THE REPAIRS BEING DONE.
AND THAT GETS SORT OF TACKED UP AGAINST THE, THE TOTAL, UH, OWED AMOUNT.
SO, UM, I'M HAPPY TO KEEP THE, THE, UM, FEES, SAME IF IT'S LATE, AND THEN, YOU KNOW, EXPAND THE TIME TO 90, 90 DAYS IF THE COUNCIL WANTS, OR 65 OR, YOU KNOW, WHATEVER DAY SOMEBODY WANTS TO MAKE THE MOTION FOR.
DOES ANY OF OUR ONLINE COMMISSIONERS HAVE ANYTHING? NO.
COMMISSIONER CAMPBELL? UM, THEN IN THAT CASE, AT THIS TIME, I WOULD LIKE TO MOVE TO ADOPT STAFF'S PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW, AND ADOPT THE RECOMMENDED ORDER, EXCEPT FOR CHANGING THE 45 DAYS TO 90 DAYS AND MAKING THE PENALTY INSTATED ON THE 91ST DAY INSTEAD OF THE 46TH SECOND.
ALRIGHT, WE'VE GOT A MOTION, WE'VE GOT A SECOND.
COMMISSIONER MANO, YOU CAN JUST USE YOUR THUMB.
SORRY, I COULDN'T FIND A MUTE BUTTON.
COMMISSIONER CAMPBELL, I VOTE.
COMMISSIONER SHUGART? UH, COMMISSIONER, UH, SIG I VOTE.
ALRIGHT, THAT, DID I MISS ANYBODY? NO.
SO, UM, MR. DAVIS, YOU'LL RECEIVE SOME COMMU, MR. DAVIS, YOU'LL RECEIVE SOME COMMUNICATION FROM THE CITY.
UM, THEY WILL CONTACT YOU, UH, BY MAIL, I BELIEVE, UM, AT YOU'RE WELCOME TO STAY ON, BUT, UH, AT THIS POINT
[01:30:01]
WE'RE, WE'RE, WE'RE DONE WITH ASKING YOU QUESTIONS AND WITH YOUR CASE, SO THANK YOU FOR YOUR PARTICIPATION.ALRIGHT, SO, MR. GONZALEZ, WHERE ARE WE, UH, MOVING TO NEXT? SINCE WE KIND OF TOOK AN UNORTHODOX BREAK ON LANDSMAN, I'D LIKE TO JUST BEGIN FROM THE BEGINNING AND I'LL REINTRODUCE THE CASE AND OPEN IT FOR, UM, FOR YOUR COUNSEL.
DO WE HAVE TO UNT CASE NUMBER FOUR? OH, I'M SORRY.
YOU'RE, I BELIEVE YOU'RE CORRECT.
I MOVED TO UNT, UM, UH, ITEM NUMBER FOUR FROM, UM, BACK TO DISCUSSION.
UM, ANYONE OPPOSED TO THAT? NO.
OKAY, SO WE DID LOSE OUR, ON OUR ONLINE COMMISSION.
ANYONE OPPOSED THERE? I, NO, NO.
WE'RE JUST HAVE THE EXHIBIT UP.
YEAH, JUST TO SEE, JUST TO KINDA GIVE HIM THE OPPORTUNITY.
SO WE'RE GOING TO PICK UP FROM THE BEGINNING, LITTLE DEJAVU FOR ALL OF US.
SO, UM, I'M GONNA WIPE OUR MINDS CLEAN OF WHAT WE HEARD BEFORE AND START OVER.
[4. Case Number: CL 2023-070864 (Part 2 of 2)]
CASE NUMBER FOUR, RIGHT? AND MR. WAGMAN RIGHT? YOU'RE STILL ONLINE? YOU CAN STILL HEAR US? YES.LET'S GO FOR THE REDO AND GO
UH, ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2 2 3 7 8 64 REGARDING A RESIDENTIAL PROPERTY LOCATED AT 82 0 3 LANDSMAN DRIVE.
THE EXHIBITS CAN BE FOUND IN THE LIME GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS UNOCCUPIED DUE TO FIRE DAMAGE.
THE CASE WAS OPENED IN AUGUST OF 2022.
AS A RESULT OF A COMPLAINT, THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND UNSAFE AND REQUIRE REPAIR OF THE RESIDENTIAL STRUCTURE.
IN YOUR, UH, GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING FOR EACH NOTICE, AND REQUIRED POSTING, UH, THE FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J UH, THE CODE, EXCUSE ME, THE, UH, CASES CURRENTLY ASSIGNED TO CODE INSPECTOR JEFFREY MOODY.
UH, HERE TONIGHT IS CODE SUPERVISOR JOE LUCAS TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED SUPERVISOR LUCAS.
UH, PLEASE RE BE RESTART YOUR TESTIMONY.
GOOD EVENING, CHAIR AND COMMISSIONERS.
UH, MY NAME IS JOSEPH LUCAS AND I AM A SUPERVISOR WITH THE AUSTIN CODE DEPARTMENT SOUTH NEIGHBORHOOD TEAM.
THE FOLLOWING PROPERTY LOCATED AT 82 0 3 LANDSMAN DRIVE IS A RESIDENTIAL PROPERTY.
THIS CASE WAS INITIATED ON AUGUST 24TH, 2022, UH, BY A COMPLAINT OF 3 1 1 FOR AN UNINHABITED NEGLECTED HOUSE IN AN OVERGROWN YARD.
INSPECTOR SCOTT MOODY RESPONDED TO THE INITIAL COMPLAINT AND HE OBSERVED THAT THE FRONT YARD WAS OVERGROWN AT THE TIME, AND THE FRONT OF THE STRUCTURE APPEARED TO BE FINE.
STRUCTURAL DEFICIENCIES WERE NOT VISIBLE FROM THE FRONT OF THE STRUCTURE.
INSPECTOR MOODY LEARNED THAT THE REAR OF THE STRUCTURE HAD CAUGHT FIRE BACK ON MARCH 3RD, 2016.
UH, WE REQUESTED THE FIRE REPORT AND AUSTIN FIRE REPORTED THAT WHEN THEY ARRIVED BACK ON MARCH 3RD, 2016, THEY FOUND A STORAGE SHED, UH, IN VERY CLOSE PROXIMITY TO THE MAIN STRUCTURE IN THE BACKYARD, UH, THAT WAS FULLY INVOLVED IN FIRE.
THE FIRE HAD SPREAD TO THE HOUSE, BURNING A PATIO COVER AND INTO THE ATTIC.
AUSTIN FIRE DEPARTMENT HAD TO CUT SEVERAL HOLES INTO THE ROOF AND BROUGHT THE FIRE UNDER CONTROL.
THERE WAS ALSO FIRE DAMAGE TO THE PROPERTY NEXT DOOR AT 82 0 1 LANDSMAN DRIVE THAT THE, THIS STRUCTURE HAS BEEN VACANT SINCE THE FIRE IN 2016.
STRUCTURAL DEFICIENCIES WERE IDENTIFIED AND VALIDATED.
PHOTOS DO NOT SHOW THAT THE INTERIOR SHEET ROCK HAS BEEN COMPLETELY REMOVED AND THE WALLS ARE DOWN TO THE BARE STUDS.
THE REAR PATIO COVER IS STILL PRESENT WITH NOTICEABLE CHARRING FROM THE FIRE.
UH, NOTICE A VIOLATION WAS SENT TO THE TCAD, UH, LISTED OWNER, WHICH WAS CARL WAGMAN AND INSPECTOR MOODY HAS HAD SEVERAL CONVERSATIONS WITH MR. WAGMAN.
OVER THIS TIME, WE LEARNED THAT THE STRUCTURE WAS MR. WAGMAN'S PARENTS' HOME, AND THEY ARE BOTH DECEASED IN 2009 AND 2011.
[01:35:01]
TCAD SHOWS THAT MR. WAGMAN IS THE OWNER, UH, BUT HE ADVISES THAT HE HAS TO GO THROUGH THE PROBATE PROCESS TO GET THE ESTATE IN HIS NAME.UH, MR. WAGMAN HAS RECENTLY HIRED AN ATTORNEY TO HANDLE THE PROBATE, AND HE EXPECTS THIS PROCESS WILL TAKE SEVERAL MONTHS TO COMPLETE.
ONCE THE PROPERTY IS IN HIS NAME, HE PLANS TO SELL THE PROPERTY AS IS.
UM, WE'LL NOW GO THROUGH THE PHOTOS.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY FROM THE ROAD, JUST SHOWING SOME, UH, BRUSH ON THE GROUND AND THAT THE FRONT OF THE STRUCTURE LOOKS PRETTY GOOD.
NEXT, PHOTO TWO B IS CLOSER UP, SHOWING THE ADDRESS 82 0 3 ON THE, UH, SIDEWALK IN FRONT OF THE STRUCTURE AND THE FRONT OF THE STRUCTURE.
NEXT PHOTO TWO C IS THE RIGHT HAND SIDE OF THE PROPERTY.
IF YOU'RE LOOKING AT IT FROM THE FRONT.
UH, IT'S A GARAGE IS ENC, UM, CLOSED UP AND THERE'S A CARPORT THERE.
THIS IS ALL IN PRETTY GOOD CONDITION.
NEXT PHOTO TWO D IS UP BY YOUR FRONT PORCH.
UH, WHAT YOU CAN SEE HERE IS THERE'S A VENT IN THE CEILING CLOSE TO THAT FRONT WINDOW THAT IS POPPED DOWN, ALLOWING, UH, INTRUSION OF RODENTS AND OTHER, UM, CRITTERS.
THIS IS KIND OF A ODD LOOKING PHOTO, BUT WHAT YOU'RE LOOKING AT IS THE, UH, ELECTRIC METER ON THE SIDE OF THE HOUSE.
THIS IS THE OPPOSITE SIDE OF THE HOUSE WITH THE BREAKER PANEL NEXT TO IT.
UH, THERE WAS A WIRE, JUST A BLANK, UH, INTERNAL TYPE ROMAX WIRE HANGING FROM THIS BOX BEFORE, UM, THEY'VE REMOVED THE WIRE.
IT WAS ONE OF THE DEFICIENCIES, BUT THIS HOLE THAT THE WIRE GOES THROUGH, UH, IS STILL PRESENT AND THEY HAVEN'T CAPPED IT OFF.
UM, WE DON'T KNOW WHAT THAT, UH, THAT WIRING WENT TO, BUT IT'S GONE NOW.
THIS IS THE BACK PATIO ON THE LEFT REAR OF THE HOUSE.
YOU CAN SEE THAT THE PATIO COVER HAS BEEN, UH, CHARRED IN MULTIPLE PLACES, AND THE REAR WALL OF THE STRUCTURE IS BOARDED.
THIS IS A LITTLE BIT CLOSER UP TRYING TO SHOW, UM, THAT THE, UH, UNDERSIDE IS EXPOSED AND THE WOOD IS CHARRED, UH, LEADING UP INTO THE ATTIC.
NEXT PHOTO TWO H IS JUST ALSO SHOWING THE JOIST GOING INTO THE STRUCTURE.
THE CEILING JOIST, UM, ARE CHARRED AND BURNT, AND THE REAR WALLS BOARDED UP.
THIS IS A CLOSER UP PHOTO OF, UH, THE, THE PATIO COVER JOISTS ALL CHARRED UP AND BURNT.
AND AGAIN, IT'S BEEN IN THIS CONDITION SINCE 2016.
NEXT PHOTO, UH, THIS IS, UH, THE LAST PHOTO WHICH SHOWS, UH, THE, THE STRUCTURAL BEAM OR THE STRUCTURAL POST FOR THE SIDE OF THIS PATIO COVER IS BURNT UP.
AND YOU CAN STILL SEE REMNANTS OF THE SHED THAT ARE ON THE GROUND, UM, AND OTHER, UM, DEBRIS THAT WAS FROM THAT SHED AREA.
UH, THIS COMPLETES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN ON 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 AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUESTED TO COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND, AND FINALIZE ALL NECESSARY PERMITS.
B, REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE ON THE 46TH.
DAY TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A SET 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 ITERATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, THIS TIME I WANNA MOVE THAT WE ADMIT THE EXHIBITS, UH, ONE AND TWO A THROUGH TWO J INTO THE RECORD.
[01:40:01]
THAT FOR ME? I, I'LL SECOND MOTION.UM, WE HAVE MR. WAGMAN CORRECT.
UM, THANK YOU FOR KIND OF, UH, BEARING WITH US THIS EVENING.
SO, UM, YOU WILL HAVE, WHAT'S THE, WE TYPICALLY, YOU HAVE FIVE MINUTES.
WE TYPICALLY, AS A COURTESY, GIVE YOU THE SAME AMOUNT OF TIME AS WHAT WE PRESENTED, WHICH IS FIVE MINUTES AND 30 SECONDS.
YOU GOT STILL HAVE ABOUT FIVE MINUTES, SO, UH, GO AHEAD.
UH, I, I WOULD LIKE TO REQUEST A CONTINUANCE IN ORDER TO COMPLETE THE PROBATE FOR MY PARENTS' ESTATE.
UH, THE COUNTY SHOWS MYSELF AS THE OWNER, UH, BUT WHEN I HAD A BUYER, UH, AND A REAL ESTATE AGENT, THE TITLE COMPANY SAID IT'S, IT IS NOT SUFFICIENT, AND THAT, UH, I WOULD NEED TO DO PROBATE.
UH, SO THE PROBATE HAS NOW STARTED, UH, THEY, THE LAWYER HAS TOLD ME IT WOULD TAKE UP TO FOUR MONTHS TO COMPLETE.
UH, BUT I, I WOULD LIKE TO SELL THIS HOUSE AS SOON AS I CAN.
UM, I, MY INTENTION IS NOT NECESSARILY TO REPAIR, BUT TO MAKE IT SAFE IN THE MEANTIME.
UM, IF, IF I'M NOT ALLOWED TO MAKE IT SAFE, UH, I GUESS DEMOLISHING THE ENTIRE HOUSE MIGHT BE AN OPTION.
UM, BUT THE, THE, UH, IN, UH, I DO HAVE AN ENGAGEMENT LETTER FROM THE LAW FIRM, UH, FOR BOTH OF MY PARENTS.
I'M HAVING TO DO THE PROBATE FOR BOTH OF THEM.
UH, AND THEN I WOULD SELL IT AS SOON AS POSSIBLE.
UH, ADVERTISE IT AS SOON AS THE LAWYER SAYS IT'S, UH, OKAY.
UH, I DON'T REALLY HAVE ANYTHING MORE THAN THAT.
I KNOW YOU'VE SPENT A LOT OF TIME TODAY, SO IF YOU HAVE QUESTIONS FOR ME, UM, WELL, I KIND OF, YOU, YOU, I, I HEARD YOU SORT OF SAY, UM, MENTION DEMOLITION, AND I DID WANT TO GIVE, IT SOUNDED LIKE YOU WERE MAYBE UNSURE WHETHER THAT WOULD SATISFY, UH, UH, THE, THE, THE, THE ORDER.
AND I THINK I KNOW THE ANSWER, BUT I WANNA GIVE THE, THE, THE, UH, I'M LOOKING AT MR. MOORE
UH, ROBERT MOORE, D S D CODE COMPLIANCE DIVISION MANAGER.
UH, YES, A DEMO WOULD ABSOLUTELY SUFFICE AS WELL AS REPAIR.
THANK YOU FOR BEING CALLED ON THE SPOT AND CLARIFYING THAT.
UM, DO, AND ALSO, I THINK JUST IN TERMS OF, UH, A, A CONTINUANCE, I BELIEVE THE MAXIMUM AMOUNT OF TIME WE CAN EXTEND ANYTHING TO IS, IS IT 90 DAYS? YEAH.
SO, UM, JUST KIND OF, JUST SO YOU'RE AWARE OF THAT.
UM, DO YOU HAVE ANY QUESTIONS? OKAY.
FOR, UM, MR. WAGMAN FROM ANY OF THE COMMISSIONERS? YES, COMMISSIONER, I HAD A QUESTION FOR THE, OH, I HAD A QUESTION FOR THE CITY.
OH, UM, UM, AND, UH, POSSIBLY WAGMAN IS, UH, YOU KNOW, UM, MR. ERMAN MENTIONED NOT REALLY WANTING TO GO SUPER DEEP INTO REPAIR.
WHAT WOULD YOU SAY IS THE CHEAPEST ORDER OF THE SIMPLEST PATH? LIKE, IS THERE A SIMPLE AND CHEAP PATH TO COMPLY WITH THE ORDER? WOULD A PARTIAL DEMOLITION OF THE, UM, THE SORT OF ROOFING BACKYARD, A PATIO AREA BE SUFFICIENT? OR, I GUESS MY QUESTION FOR POSSIBLY THE A CODE ENFORCER OR MR. MOORE IS THAT IF THERE'S, UM, WHAT'S THE SORT OF EASIEST PATH FOR MR. ERMAN TO MOVE FORWARD THAT DOES INVOLVE, UH, A PROPERTY WHERE HE'S NOT REALLY COMMITTED TO HAVING LONG-TERM? I'LL, I'LL PROBABLY DEFER TO, TO MR. LUCAS JUST BECAUSE I DON'T, I DON'T KNOW THE EXACT, UH, I DIDN'T SEE ALL THE DEFICIENCIES THAT, THAT WERE WRITTEN UP, BUT IF THERE'S NOT THAT MANY DEFICIENCIES AND THEY COULD JUST ADDRESS THOSE AND TAKE CARE OF WHAT WE'RE LOOKING AT, THAT MIGHT BE THE EASIER PATH.
BUT DEMOS COULD BE PRETTY EASY TOO.
SO I'LL JUST, I'LL LET HIM SPEAK ON THAT.
IT, UNFORTUNATELY, WE'RE NOT ABLE TO GR GR PHOTOS OF THE ROOF, ALTHOUGH I DO KNOW THAT THE FIRE DEPARTMENT, UM, CUT IN SOME PRETTY GOOD HOLES IN THERE SO THEY COULD FIGHT THE FIRE BACK SEVERAL YEARS AGO AGAIN.
UM, SO THOSE ARE NOT REPAIRED.
UM, THE STRUCTURE'S, UM, NOT WATERTIGHT.
UM, THE ATTIC JOIST HAVE BEEN BURNED, SO, I MEAN, IT'S, IT'S, SO THERE'S DEEPER PROBLEMS THAN NECESSARILY WERE SHOWN OFF IN THE PHOTO THEMSELVES, THEN WHAT YOU'RE SEEING IN THE PHOTOS.
AND WE HAVE NOT BEEN ABLE TO BE INSIDE THE STRUCTURE TO SHOW YOU GOOD PICTURES.
UM, AND THIS IS A QUESTION FOR BOTH MR. WA ERMAN.
[01:45:01]
UM, MR. LUCAS, UH, CAUGHT CLOSER, LUCAS, UH, MR. WMAN, ARE YOU ABLE TO GET A DEMOTION PERMIT FROM THE CITY? I KNOW THAT THE TRAVIS COUNTY SAYS THAT YOU'RE THE OWNER, BUT IF THERE'S SOME OTHER TITLE ISSUES, MY QUESTION IS, CAN YOU GET THAT DEMOLITION ORDER? UH, I, I DON'T KNOW THE ANSWER TO THAT QUESTION.UH, 'CAUSE WHEN I LOOKED AT GETTING A PERMIT FOR DOING DEMOLITION, IT BASICALLY WAS SAYING I COULDN'T GET A PERMIT FOR DEMOLITION.
I HAD TO GET A PERMIT FOR REPAIR.
SO, I, I, I DON'T KNOW HOW TO ANSWER YOUR QUESTION.
I HAVE A QUESTION FOR MR. UH, WAGMAN AS WELL, MR. CHAIR.
UH, I THINK WE MIGHT HAVE AN ANSWER TO THAT, TO THAT QUESTION.
UH, I KNOW IN THE PAST OUR CONTRACTORS HAVE BEEN ABLE TO OBTAIN THOSE PERMITS AS WELL.
SO HE PROBABLY HAS THE ABILITY TO OBTAIN A PERMIT FOR DEMOLITION.
DO YOU HAVE ANY FOLLOW UP? NO.
UM, MR.
UM, I BELIEVE IN THE, IT WAS MENTIONED IN THE TESTIMONY, UM, BY THE CITY THAT I THINK, UM, THAT WAS 2011.
SO I, I DO WONDER WHY THE PROBATE PROCESS HASN'T COM DIDN'T START UNTIL NOW.
I DIDN'T KNOW THAT I NEEDED IT.
UH, I, I ORIGINALLY DIDN'T THINK I WOULD SELL THE HOUSE.
UH, AND WHEN IT WAS BURNED, I HAD RENTED IT TO THE NEIGHBOR.
THE NEIGHBOR CONVINCED ME TO RENT IT TO THEM SO THAT THEIR PARENTS COULD STAY THERE.
UH, AND IT WAS WHILE THEY WERE THERE THAT IT BURNED DOWN.
UH, THE NEIGHBOR THAT SUFFERED THE DAMAGE ON THE OTHER SIDE, IT WAS THEIR WOODEN FENCE THAT CAUGHT FIRE.
UH, THAT GENTLEMAN HAS PASSED AWAY ALSO SINCE THEN.
UM, AND A NEW FAMILY IS LIVING, UH, WHERE THAT HOUSE IS.
UM, UH, I'M SORRY, I, I DON'T KNOW IF I ANSWERED YOUR QUESTION.
ANY OTHER QUESTIONS? UH, SO YES, I, I HAD, I HAD RENTED THE HOUSE TO THE NEIGHBORS, UH, AND THAT'S WHY I, I HADN'T TRIED TO SELL IT, SO I DIDN'T KNOW THAT I COULDN'T SELL IT.
I'M GONNA CLOSE THE PUBLIC PART OF THE, I'M GONNA MOVE THAT WE CLOSE THE PUBLIC HEARING.
I SECOND ONE MORE THING, MR. COMMISSIONER, JUST TO MAKE SURE YOU'RE CLEAR.
SO THIS HAS BEEN VACANT AS IS, UM, SINCE THEN.
UM, SO THAT'S ROUGHLY SEVEN YEARS, EIGHT YEARS.
UM, SO WE HAVE A MOTION, UH, WE HAVE A SECOND.
I, I WANNA POST, UH, CLOSING THE PUBLIC HEARING.
WE STILL ASK QUESTIONS OPEN FOR DISCUSSION.
ANYBODY, COMMISSIONER CAMPBELL? I MEAN, I'D JUST LIKE TO SAY THAT, UM, IT SEEMS AS THOUGH, UH, MR. WAGGAMAN HAS, UH, A GENUINE INTEREST IN RESOLVING THIS ISSUE.
IT DOESN'T SEEM LIKE HE'S TRYING TO BE OUT OF COMPLIANCE OR IS, YOU KNOW, BEING NEGLIGENT IN, IN HOW HE'S DEALING WITH THE PROPERTY.
UM, IT SEEMS LIKE HE'S GOING THROUGH THE PROPER PROCESS.
IT'LL JUST POTENTIALLY BE CAUGHT UP FOR A WHILE.
I MEAN, IN THAT, IN THAT CONTEXT, I, I WOULD SUGGEST PERHAPS THAT WE DO EXTEND IT TO THE MAXIMUM 90 DAYS AND, UM, PERHAPS ALSO, UH, SIGNIFICANTLY REDUCE THE FEE TO MY UNDERSTANDING.
AND, AND, AND MR. MOORE, YOU CAN, UH, CONFIRM THIS.
IF YOU, UM, IF, IF THIS IS CORRECT, THAT, UM, UH, POTENTIAL COSTS AND CODE AND DEMOLITION, I, I BELIEVE YOU SAID THIS BEFORE, IS, UM, UH, TAKEN AWAY FROM THE FEE IF THAT'S, IF THAT'S INCURRED, IS THAT CORRECT? YES, ANY REPAIRS AND OR DEMOLITION COSTS WOULD BE OFFSET.
UM, AND IN THAT, IN THAT CASE, IT SEEMS AS THOUGH, UM, IF WE DO APPLY JUST A, A SMALLER FEE, IT'LL STILL GIVE A FINANCIAL INCENTIVE TO RESOLVE THIS ISSUE IN A TIMELY MANNER ONCE, UH, THE PROBATE COURT HAS MADE ITS DECISION.
BUT THAT, THAT WOULD JUST BE MY, MY THOUGHTS ON HOW TO POTENTIALLY AMEND THIS ORDER.
ANY OTHER COMMISSIONERS WISH TO SPEAK? NO, I'LL, I'LL SAY THAT, YOU KNOW, UM, YOU KNOW, WE'VE SEEN PROBATE CASES BEFORE AND SOMETIMES, UM, SOMETIMES THOSE ARE, IN MY OPINION, SOME OF THE MORE DIFFICULT CASES THAT, THAT WE SEE, UM, IN, IN THIS CASE, HOWEVER, AND I UNDERSTAND THAT MR. GELMAN WASN'T AWARE THAT HE NEEDED TO GO THROUGH THIS PROCESS, BUT, UM, BUT IT STILL IS A PROCESS THAT NEEDS TO TAKE PLACE, WHETHER HE WAS AWARE
[01:50:01]
OF IT OR NOT.AND, AND JUST BECAUSE OF THE AMOUNT OF TIME, UM, I GUESS I'M LESS, LESS MOVED BY THAT ARGUMENT THAN I THERE HAVE BEEN.
IN OTHER CASES, I'M NOT OPPOSED TO EXTENDING 45 TO 90.
I DON'T KNOW IF I PERSONALLY WOULD VOTE FOR REDUCING THE, UM, THE, THE, THE, THE FINE NECESSARILY.
AND WHEN WE HAVEN'T FOR SOME OF THE OTHER CASES TONIGHT.
BUT THAT'S JUST, THAT'S NOT A MOTION OR THAT'S JUST KIND OF WHERE I'M, WHERE I'M AT RIGHT NOW.
CAN I TENDER A MOTION FORWARD? ABSOLUTELY.
SO THAT'S EMOTIONAL PUT FORWARD.
SO A LITTLE BIT LESS, BUT NOT, YOU KNOW, SIGNIFICANTLY.
SO NOT ONLY CAN YOU MAKE THE MOTION YOU ACTUALLY DID, AND IT'S BEEN SECONDED, SO THERE YOU GO.
SO, UM, SO WE HAVE A, UH, COMMISSIONER TOAD.
MAY I BE RECOGNIZED FOR DISCUSSION ON THE MOTION? UH, IF YOU WERE GONNA CALL, I DON'T WANT TO, I DON'T WANNA INTERRUPT THAT.
WE HAVE DISCUSSION ON THE MOTION.
THEN IN TERMS OF DISCUSSION ON THE MOTION, AS, AS STATED AND SECONDED, I, I THINK I WOULD, UH, UM, BE INCLINED TO OPPOSE THE, UH, THE, THE, THE PENALTY REDUCTION, UH, BUT NOT THE EXTENSION OF TIME.
UM, MY REASONING FOR THAT, I, I'LL TRY TO BE AS SUCCINCT AS POSSIBLE.
I, I APOLOGIZE, I HAVE A TENDENCY TO RAMBLE.
BUT, BUT WITH RESPECT TO THE TIME, I, I THINK I MENTIONED IN THE LAST CASE THAT, THAT PROBATE CASES, IT ISN'T SO MUCH ABOUT THE PERSONAL LI CULPABILITY OR NEGLIGENCE OF THE OWNER AS JUST THE FUTILITY OF ENTERING AN ORDER THAT MAY REQUIRE PERMITTING, THAT CANNOT BE ISSUED WHILE THE CASE IS IN PROBATE.
AND BECAUSE OUR DECISIONS ARE APPEALABLE TO THE DISTRICT COURT, AND BECAUSE THE PROBATE COURT HAS THE POWER TO CENTRALIZE, UH, UH, RELATED PROCEEDINGS FROM DISTRICT COURT AND REQUIRE THEIR TRANSFER TO PROBATE, UH, WE COULD BE JUST CREATING A LOT OF PROCESS AND A LOT OF LEGAL FEES THAT DON'T NECESSARILY FURTHER OUR OBJECTIVES AS A BODY.
AND SO THAT, YOU KNOW, SO IT ISN'T SO MUCH, UM, YOU KNOW, SORT OF A MORAL SYMPATHY AS JUST AS JUST PRAGMATIC.
THIS IS JUST ONE OF THOSE RARE CASES WHERE, UH, WHERE IT DOESN'T MAKE A LOT OF SENSE TO TRY TO, TO TRY TO, YOU KNOW, PLAY THE HEAVY WITH OWNERS WHO ARE, WHO ARE EMBROILED IN PROBATE, EVEN IF WE WISH THEY'D GOTTEN THERE SOONER, OR THEY'D DONE SOMETHING ABOUT IT WHEN THEY HAD A CHANCE.
YOU KNOW, THEY ARE WHERE THEY ARE NOW.
AND SO IF THIS IS TRULY IN PROBATE, I HAVE NO REASON TO BELIEVE IT ISN'T.
UM, YOU KNOW, I, I THINK A 90 DAY EXTENSION IS APPROPRIATE.
UM, I, I THINK, I THINK THE OWNER CAN COME BACK TO US, YOU KNOW, IF THAT 90 DAYS IS CREEPING UP, UH, YOU KNOW, THAT THERE ARE, YOU KNOW, UH, OPTIONS AVAILABLE.
UH, YOU KNOW, IF THE, IF THE, IF THE CASE IS STILL BEING PROBATED SO THAT WHEN, WHEN WE ULTIMATELY, IF WE ULTIMATELY NEED TO IMPOSE FEES, THEY DON'T NEED TO BE ANY LESS THAN THEY WOULD ORDINARILY BE.
SO I, I THINK I WOULD SUPPORT PART OF THE ORDER, BUT NOT, NOT THE PART ABOUT THE, THE FEE, UH, MODIFICATION.
ANOTHER THING I WOULD JUST ADD, I, I DIDN'T HEAR ANYTHING ABOUT, NECESSARILY ABOUT PRESSING LIFE SAFETY ISSUES, BUT, BUT IF THEY EXIST, I MEAN, I WOULD CONS, I WOULD CONSIDER GOING AHEAD AND, AND, AND, YOU KNOW, ORDERING THAT THOSE BE DEALT WITH, UH, IN A MORE TIMELY FASHION WITH THE IDEA BEING THAT THE COURT CAN ALWAYS BE PETITIONED TO AUTHORIZE THAT EVEN IF THERE'S NO, THERE'S NO OWNER WHO COULD OTHERWISE GET THE APPROPRIATE PERMITTING.
UM, BUT THAT, THAT, THAT'S REALLY SORT OF A SEPARATE ISSUE.
SO THOSE ARE, THOSE ARE MY THOUGHTS ON THE PENDING MOTION.
YOU ALWAYS MAKE A COMPELLING CASE.
CERTAINLY MODIFIED MY OPINION ON THE ISSUE.
UM, DOES, UH, WE DO HAVE A MOTION THAT'S BEEN SECONDED.
DO YOU WISH TO MODIFY YOUR MOTION AFTER HEARING THE DISCUSSION? I MEAN, YEAH.
COMMISSIONER SSA, DO YOU WANNA PUT FORWARD AN AMENDMENT? YEAH, I MEAN, I GUESS THE FRIENDLY AMENDMENT TO THE MOTION AS SECONDED WOULD JUST BE, UH, TO OMIT THAT PART OF THE MOTION THAT WOULD MODIFY STAFF'S PROPOSED ORDER, UH, WITH RESPECT TO THE, THE PENALTY.
SO, SO IN OTHER WORDS, UH, THE MOTION AS AMENDED WOULD ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, EXCEPT THAT, UH, IT WOULD STRIKE 45 AND, AND SUBSTITUTE 90 AND STRIKE ON THE 46TH DAY AND SUBSTITUTE ON THE 91ST DAY.
AND, AND THAT WOULD BE, THAT WOULD BE
[01:55:01]
THE, UH, THE ORDER THAT WOULD GO OUT.I'LL, I'LL SECOND, UH, AND ACCEPT THAT AMENDMENT TO THE MOTION, WHICH WILL RESULT IN, UH, 90 DAY TIME, BUT THE SAME PENALTY.
WELL, WE'VE GOT A MOTION AND WE HAVE A SECOND, BUT, WELL, I GUESS I SHOULD ASK COMMISSIONER CAMPBELL, DO YOU ACCEPT THE, THE MODIFIED YOU, YOU, YOU WERE THE ORIGINAL? IF I DO NEED TO, THEN YES.
UM, SO I'LL CALL THE VOTE, UH, COMMISSIONER BENIGNO.
COMMISSIONER CAMPBELL, I VOTE.
AND, UM, MR. WEGMAN, THANK YOU FOR YOUR PARTICIPATION, UH, TONIGHT.
UH, AGAIN, THE CITY WILL BE IN COMMUNICATION WITH YOU, UH, I THINK I BELIEVE BY MAIL, UH, WITH THE ORDER.
AND, UH, AND YOU'LL, AND WITH INFORMATION ON HOW YOU CAN FOLLOW UP WITH, UH, ANY OTHER QUESTIONS.
SO, AGAIN, THANK YOU FOR BEING HERE WITH US.
AND DO I NOW SPEAK WITH THE BUILDING SERVICE COMMISSION INSTEAD OF CODE ENFORCEMENT OR BOTH? OR, I'M SORRY TO MAKE SURE I'M, YEAH.
1, 1, 1 SAYING, I JUST WANNA MAKE SURE THAT I'M FULFILLING THE NEEDS AND SO I DIDN'T KNOW WHO I NEED TO SPEAK TO GOING FORWARD.
'CAUSE THE, I DIDN'T KNOW DEMOLITION VERSUS REPAIR VERSUS WHAT THE ORDER IS.
YES, IT, IT'S ONE OF THE SAME.
BUT, BUT, BUT, BUT THE CODE OFFICIALS WILL, WILL, WILL MAIL THE INFORMATION TO YOU AND, AND THAT'S WHO YOU WILL BE.
UH, IF YOU, IF YOU HAVE INTERACTIONS AND, AND QUESTIONS, THAT'S WHO YOU WILL BE ADDRESSING THEM TO.
NOT, NOT THE COMMISSION MEMBERS.
SHALL WE MOVE ON TO ITEM NUMBER FIVE? I THINK WE SHOULD.
[5. Case Number: CL 2023-070939]
ON THE AGENDA IS CASE NUMBER CL 20 23 7 9 3 9 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 2 2 0 0 CONRAD ROAD.THE EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS UNOCCUPIED DUE TO FIRE DAMAGE.
THE CASE WAS OPENED IN FEBRUARY OF 2023 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIDED VIOLATIONS.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND HAZARDOUS AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING, AND THE REQUIRED POSTINGS, A FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J.
AND THE RECOMMENDED ORDER CODE INSTRUCTOR MITCHELL ALVAREZ, IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
I'M AN INSPECTOR WITH THE AUSTIN COURT DEPARTMENT.
THE PROPERTY BROUGHT YOU BEFORE.
TODAY IS 12 200 CONRAD ROAD RESIDENTIAL PROPERTY.
THE OWNER OF THE PROPERTY IS KACI MUIR.
THIS PROPERTY IS IN THE ANGUS VALLEY NEIGHBORHOOD.
THE OWNER HAS BEEN IDENTIFIED AND CONFIRMED BY TRAVIS COUNTY, PA DISTRICT.
I FIRST CAME INTO CONTACT WITH THE CASE VIA AUSTIN 3 1 1 COMPLAINT PLACED BY AUSTIN FIRE DEPARTMENT ON FEBRUARY 6TH, 2023.
UH, KEEP IN MIND THIS PROPERTY WAS ALREADY IN VIOLATION FOR WORK WITHOUT PERMIT.
THE AUSTIN FIRE DEPARTMENT REPORTED HOME UNDER RENOVATION, HEAVILY DAMAGED BY FIRE ON FEBRUARY 6TH, 2023.
I WAS ABLE TO CONFIRM AND PHOTOGRAPH STRUCTURE DAMAGE TO THE EXTERIOR OF THE HOUSE.
UPON INSPECTION, I NOTICED MAJOR DAMAGE TO THE ROOF OF THE HOUSE.
THE DAMAGE I OBSERVED WAS ON THE ROOFS AND THE SECTION OF THE, OF THE ROOF HA HAD COLLAPSED.
EXTERIOR WALLS, PLUMBING, ELECTRICAL, AND MECHANICAL, UH, WERE AFFECTED.
ON FEBRUARY 6TH, 2023, A NOTICE OF VIOLATION WAS SENT TO THE OWNER OF THE PROPERTY TO CON TO INFORM AND OF CONFIRM VIOLATION.
THE NOTICE OF VIOLATION ALSO CONTAINED TITLE IX FOR COMPLIANCE REMEDY FOR DOCUMENTED VIOLATIONS.
ON FEBRUARY 15TH, 2023, I RECEIVED A CALL FROM THE OWNER TO INFORM ME.
HE HAS BEEN OUT OF THE COUNTRY FOR
[02:00:01]
SEVERAL MONTHS, BUT DID RECEIVE MY NOTICE.WE DISCUSSED A CURRENT CITATION FROM A CURRENT CASE FROM 2021 FOR WORK WITHOUT PERMIT DUE TO HIM, DUE TO HIM DOING MAJOR RENOVATIONS ON THE HOUSE.
HE, HE STATED HE'S WORKING WITH HIS INSURANCE REGARDING THE FIRE DAMAGE TO THE HOUSE.
HE ALSO ENSURED ME HIS CONTRACT WILL PULL, HIS CONTRACTOR WILL PULL ALL NECESSARY PERMITS FOR RECONSTRUCTION.
WHEN HIS INSURANCE IS DONE, I LET HIM KNOW TO COMMUNICATE WITH ME AND WE CAN WORK TOGETHER TO BRING THE PROPERTY IN COMPLIANCE.
HE STATED HE WILL START WITH AN EMAIL FOR COMMUNICATION PURPOSES.
I DID RECEIVE THAT EMAIL THE SAME DAY.
ON MARCH 1ST, 2023, I RECEIVED A CALL FROM SAM TINSLEY, SPECIALTY RESTORATION OF TEXAS, NEEDING TO KNOW MORE INFORMATION OF THE CODE VIOLATION FOR THE PROPERTY.
HE ALSO WANTED MORE INFORMATION ON THE PERMITTING PROCESS AS WELL AS THE DEMOLITION PERMIT PROCESS.
AFTER INITIAL INSPECTION AFTER THE FIRE, I POSTED THE PROPERTY WITH A NOTICE OF VIOLATION AND A DANGEROUS CONDITION PLAY CARD.
AND I HAVE MADE NUMEROUS FOLLOW-UP INSPECTIONS.
THERE HAS BEEN LITTLE PROGRESS TOWARDS COMPLIANCE AND THE OWNER HAS YET TO OBTAIN ANY REQUIRED PERMITS TO RECTIFY THE EXTERIOR VIOLATIONS.
THE RESIDENTIAL PROPERTY CONTINUES TO BE UNSAFE TO THE HEALTH AND SAFETY OF THE NEIGHBORS AND COMMUNITY.
UNSAFE CONDITIONS CAN BE DANGEROUS IF STRUCTURE ISSUES ARE NOT ADDRESSED IMMEDIATELY.
THIS CONCLUDES MY INTRODUCTION AND I'LL NOW GO THROUGH MY PHOTOS.
PHOTO TWO A SHOWS THE DAMAGE TO THE ROOF.
UH, OWNER HAS PLACED SINCE THE, SINCE THEN HAS PLACED A BLUE TARP COVER ON THE HOLE.
BUT SINCE THEN, IT HAS BEEN TORN UP AND PROVIDING NO COVER ON THE ROOF, UH, WE CAN GO TO PHOTO TWO B.
PHOTO TWO B SHOWS THE NUMBER ADDRESS ON THE MAILBOX, UM, AND THEN THE TWO NOTICE OF VIOLATION LETTERS POSTED ON THE PROPERTY.
NEXT, UH, PHOTO, PHOTO TWO C SHOWS THE WARNING SIGN WE POST WHEN WE HAVE A FIRE DAMAGE PROPERTY.
YOU CAN SEE THE LOCATION THERE, THE CONDITION, AND MY NAME AND, UH, DATE.
PHOTO TWO D SHOWS SMOKE DAMAGE TO THE SOFFIT AND FASCIA OF THE SIDE, CORNER OF THE HOUSE OR THE MIDDLE SECTION OF THE HOUSE.
UH, PHOTO TWO D OF THE SMOKE DAMAGE.
UH, WERE TAKEN FROM THE NEIGHBOR'S YARD.
UH, WITH PERMISSION YOU CAN CLEARLY SEE THE EXTENT OF DAMAGE OF THE, OF THE ROOF, UM, AND THE COLLAPSE THAT SOME OF THE SECTIONS CAME IN, INTO THE, INTO THE HOUSE.
UH, PHOTO TWO H SHOWS THE DAMAGE FROM A SITE VIEW, UH, PUBLIC STREET NOTICE.
YOU CAN NOTICE THE TARP NO LONGER ON THE ROOF, ALLOWING RAIN AND VERMIN IN AND OUT OF THE HOUSE.
PHOTO TWO, I SHOWS ANOTHER CLOSEUP OF THE FRONT OF THE DAMAGED HOUSE.
UH, WE CAN GO TO THE NEXT PHOTO.
PHOTO TWO J CLEARLY SHOWS ANOTHER SECTION OF, UH, ROOF IN THE MIDDLE, COLLAPSED, NO LONGER SUPPORTIVE.
AND THAT, THAT 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 AND HAZARDOUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE LAW AND ORDER THE FOLLOWING.
ONE ORDER THAT THE OWNER OF RECORD COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT DECIDED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE RESIDENTIAL STRUCTURE.
[02:05:01]
INSPECTIONS FROM THE CITY OF AUSTIN, DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.AND TWO, ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, AT THIS TIME I MOVE TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO J INTO THE RECORD.
UM, AND WE DO HAVE, UM, ON THE PHONE WITH US, RIGHT? CAN WE SWITCH FUSE TO THE, SORRY, VICE CHAIR.
IS THERE A WERE THERE ANY OBJECTIONS? OH, I'M SORRY.
WERE THERE ANY OBJECTIONS TO THE EXHIBITS BEING ACCEPTED? NONE ONLINE.
UM, WE DO HAVE, UH, MR. SCHRADER ON, UH, ON THE PHONE AND, AND HOW, UH, HOW, HOW MANY MINUTES WAS THE CITY PRESENTATION? I, I FAILED TO NOTE WHEN IT STARTED.
FIVE MINUTES INTO, UH, 35 SECONDS.
ABOUT FIVE AND A HALF MINUTES.
SO, UH, MR. SCHRADER, YOU'LL HAVE ABOUT FIVE AND A HALF MINUTES TO PRESENT.
UM, AND THE, THE FLOOR IS YOURS.
ARE YOU THERE, SIR? HE MAY BE UNMUTING HIMSELF.
HOW ABOUT NOW? CAN YOU HEAR ME NOW? YES.
UH, MY NAME IS STEVEN SCHRADER.
UM, I LIVE AT, UH, THE ADDRESS OF 12 0 1 0 8 CONRAD ROAD, WHICH IS THE PROPERTY IMMEDIATELY ADJACENT TO THE, UH, THE DAMAGED STRUCTURE, UH, TO THE SOUTH.
UM, MY WIFE AND I AND OUR FAMILY HAVE LIVED AT THAT AT, AT THAT LOCATION FOR, UH, 38 YEARS NOW.
UM, WE LIVE IN A VERY SMALL NEIGHBORHOOD.
IT'S ACTUALLY A SEPARATE NEIGHBORHOOD FROM MANGUS VALLEY CALLED SUMMIT OAKS.
AND CONRAD ROAD IS A IT, UM, A SHORT, UH, QUIET TIDY STREET THAT, UH, ONLY HAS 10 HOMES ON IT.
THE, THE PROPERTIES ON OUR STREET STREET ARE, UM, PRIMARILY SINGLE FAMILY, SINGLE STORY, UM, BUILT IN THE SIXTIES AND SEVENTIES, UH, ON LARGE, UH, VERY LARGE WOODED LOTS.
UM, WHEN WE LEARNED IN, UH, 2021 THAT, UH, THE HOUSE FORMERLY OCCUPIED BY OUR NEIGHBOR, SHIRLEY ELLE, UM, HAD BEEN SOLD AND WAS GOING TO BE, UM, UH, MODIFIED, UH, UM, EXPANDED AND, AND, UH, UPDATED.
WE WERE ACTUALLY, YOU KNOW, HAPPY TO, TO LEARN THAT BECAUSE WE THOUGHT THAT WOULD ENHANCE OUR NEIGHBORHOOD.
UM, UNFORTUNATELY, UM, STARTING IN 2021, UM, IT SEEMED LIKE THE WHOLE REHABILITATION AND CONSTRUCTION PRO, UH, PROGRESS ON THAT, UH, PROPERTY JUST, UH, STARTED TO HAVE MORE AND MORE PROBLEMS. UH, WE, WE FIRST NOTICED THAT, UM, UH, THE, THE OWNER WAS REMODELING THE PROPERTY AND IT WAS JUST, JUST CREATING A, A HUGE MESS ALL OVER THE, UM, THE FRONT OF THE BUILDING IN, IN FRONT OF, UH, UH, ALONG OUR STREET.
AND, YOU KNOW, IN OBVIOUS VIEW FROM OUR HOUSE AND OUR NEIGHBOR'S HOUSE, UM, THEY HAD, UH, COMPLETELY, UH, REDONE OR DEMOLISHED THE EXTERIOR OF THE HOUSE, AND ALL THE CONSTRUCTION DEBRIS WAS JUST LEFT ALL IN FRONT OF THE HOUSE.
AND IT WAS LEFT LIKE THAT FOR, UM, REALLY A COUPLE OF YEARS.
UM, CONSTRUCTION REMODELING, UH, THAT WAS GOING ON WAS, UH, HAPPENING IN, UH, STOP STOPS AND STARTS WITH, UH, WEEKS AND EVEN MONTHS GOING BY WITH NO, NO CONSTRUCTION ACTIVITY AT ALL.
UH, WE COME TO FIND OUT THAT ALL OF THAT WORK WAS BEING DONE WITHOUT A PERMIT.
AND THEN, UM, IN, UH, FEBRUARY OF 20, UH, 22, I'M SORRY, 20, 23 FEBRUARY OF THIS YEAR, UH, THE PLACE CALLED FIRE.
AND OF COURSE, THAT CREATED AN EVEN, EVEN BIGGER MESS.
SO, YOU KNOW, AS OF NOW, WE'RE WE'RE, UM, WHEN THE FIRE HAPPENED, THEY WERE TWO YEARS INTO THE, UH, THE REMODELING PROCESS.
AND, UM, UH, NOW OF COURSE, MR. UM, ALVAREZ'S PHOTOS SHOW THE CONDITION AS IT IS TODAY.
BUT I GUESS I WANTED TO EMPHASIZE THAT WE'VE BEEN DEALING WITH, UH, KIND OF A, UH, UNACCEPTABLE SITUATION FOR ALMOST THREE YEARS NOW.
[02:10:01]
OF THE CONDITION OF THE PROPERTY RIGHT NOW, UM, IT, IT IS BOARDED UP, BUT I, I, I DON'T PERSONALLY FEEL IT'S VERY SECURE.I THINK THAT, UH, YOU KNOW, SOMEBODY COULD EASILY BREAK INTO THAT PLACE.
UH, AND IT COULD BE, UH, OCCUPIED IF, IF SOME, UH, YOU KNOW, HOMELESS PEOPLE OR TRANSIENT DECIDE THEY WANTED TO, YOU KNOW, BE PRESENT THERE.
AND, AND, AND LIKE MR. ALBERT HAS SAID, UM, THERE'S, UH, OPENINGS IN, IN THE ROOF.
I MEAN, THE ROOF JUST DOESN'T REALLY EXIST.
UH, SO THERE'S, UM, OPPORTUNITY FOR, UH, RODENTS AND, UH, YOU KNOW, RAINWATER AND EVERYTHING TO GET INTO THE, INTO THE HOUSE.
AND, AND BECAUSE OF THE WAY THE HOUSE IS BUILT, IT'S GOT A, I GUESS WHAT YOU'D CALL A SUNKEN, A LIVING ROOM TYPE OF A ARRANGEMENT.
SO, UM, THAT IS CONDUCIVE TO STANDING WATER, UH, ACCUMULATING IN THERE, WHICH IS, YOU KNOW, A PROBLEM FOR MOSQUITOES AND, AND MOLD.
UM, UH, YOU KNOW, I I GUESS THAT, UM, MY, UH, MY OPINION IS THAT THE, THE WORK THAT NEEDS TO BE DONE IS GOING TO TAKE A LOT OF TIME.
I'M CONCERNED THAT BASED ON THE HISTORY OF THE OWNERS, UH, HANDLING THE, OF THE PROPERTY THAT IT'S GONNA DRAG OUT POSSIBLY FOR MONTHS OR EVEN YEARS GOING FORWARD.
UM, I GUESS I WOULD JUST SIMPLY WANT TO, UH, REQUEST THAT, UM, THE COMMISSION CONSIDER, YOU KNOW, WHATEVER, UM, INCENTIVES, WHATEVER PENALTIES, UM, CAN BE ASSESSED THAT, UM, WOULD GIVE THE OWNER AN INCENTIVE TO, TO MOVE, MOVE AT ALL AND, AND HOPEFULLY MOVE QUICKLY.
UM, I JUST AM NOT SURE THAT A $2,250 A WEEK, UH, PENALTY IS, IS THE KIND OF THING THAT'S GONNA MAKE A DIFFERENCE.
BUT THANK YOU MR. MR. THAT WAS MY, MY PERSPECTIVE.
THANK YOU FOR, FOR BEING, FOR YOUR PARTICIPATION TODAY.
AND JUST TO CLARIFY, THERE'S NO OTHER SPEAKER, THERE'S NO ONE HERE FROM THE OWNER TO SPEAK? THAT'S CORRECT.
UM, SO WE MAY HAVE QUESTIONS FOR YOU, MR. SCHROEDER.
TO STICK AROUND FOR A MOMENT, IF YOU WILL.
UM, COMMISSIONERS, ANY QUESTIONS? NO.
WELL, IN THAT CASE, I'M GOING TO MOVE THAT WE CLOSE THE PUBLIC PORTION OF THIS PRESENTATION.
UM, WELL, WE, UM, WE'VE GOT A, A RECOMMENDED ORDER FROM THE CITY.
WE SAW THE, THE, UH, PRESENTATION.
WE DON'T HAVE ANY ASK FROM AN OWNER FOR US TO DO ANYTHING DIFFERENTLY.
SO, WHAT, SAY YOU FELLOW COMMISSIONERS, COMMISSIONER CAMPBELL? UM, I WOULD MOTION AT THIS TIME TO, UH, ADOPT THE SAS PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW, AND TO ADOPT THE, UH, RECOMMENDED ORDER.
[APPROVAL OF MINUTES]
ITEM NUMBER ONE ON THE AGENDA, WHICH IS THE APPROVAL OF THE MINUTES? YES, LET'S DO THAT.THERE SHOULD BE A COPY OF THE, UH, MINUTES FROM THE AUGUST 23RD, 2023 REGULAR MEETING IN YOUR READER OR GOOGLE DRIVE FOLDER.
AND MAKE A MOTION TO APPROVE THE MEETINGS FROM THE, UH, AUG, UH, AUGUST SESSION OF THE, THE BUILDING STANDARDS COMMISSION.
UM, THIS ONE, I, WE DON'T HAVE TO TAKE A A A ROLL, RIGHT? JUST IS ANYONE OPPOSED OR ANYONE ABSTAINING? THAT'S THAT'S CORRECT.
I, I WAS UNDER THE IMPRESSION THAT WHEN WE HAVE REMOTE, UH, COMMISSIONERS, THAT WE,
[02:15:01]
IT DOES REQUIRE A ROLL CALL VOTE.THANK YOU COMMISSIONER CAMPBELL.
IT'S A REAL, IT'S A REAL TOUGH VOTE, BUT I'LL VOTE.
IS THAT A MORALLY DIFFICULT ONE? HUH?
AND I BELIEVE WE HAVE ONE, UH, WE HAVE
[DISCUSSION AND POSSIBLE ACTION ITEMS]
ITEM SIX ON THE AGENDA, WHICH IS THE DISCUSSION REOR REGARDING OUR UPCOMING RETREAT.SORRY, WHO WILL BE MAKING THIS PRESENTATION? SORRY ABOUT THAT.
UH, NOW YOUR TOPIC CLEARED THE ROOM.
UH, WITH REGARD TO THE, UH, COMMISSION'S 2023 RETREAT, UH, AT THE LAST MEETING, I BELIEVE WE, YOU GUYS CAME TO THE, UM, CHOSE TWO, UH, TWO DATES AND WE DID SECURE A, A ROOM HERE ON, UH, THE FIRST DATE CHOSEN, WHICH WAS DECEMBER THE FIRST.
UM, THE RETREAT IS TENTATIVELY SCHEDULED FOR 11:00 AM TO 3:00 PM UH, AGAIN, THAT WILL BE IN, UM, WHAT'S THE ROOM NUMBER? IT'S THE TRAIN, I DUNNO, THE ROOM NUMBERS.
THE TRAINING ROOMS, WHICH ARE JUST ACROSS THE HALL.
I BELIEVE IT'S 1401 AND 1402 BELIEVE.
UH, WHICH IS JUST ACROSS THE HALL FROM HERE.
UH, AND YOU SAID IT STARTS AT 11? IT WILL BEGIN AT 11:00 AM OKAY.
OH, AND ALSO THE MEETING IS, UH, WE ARE GONNA REQUEST A HYBRID MEETING, SO IT'LL BE EXACTLY LIKE WE HAVE TODAY.
IT WILL NOT BE, UM, BROADCAST, BUT IT WILL BE RECORDED.
AND HOW LONG WILL, HOW LONG WILL IT TAKE? UH, PROBABLY NO LONGER THAN TWO OR THREE HOURS, BUT, UM, SO WE HAVE IT SO LONG TWO, WE HAVE IT SCHEDULED TILL THREE, I BELIEVE.
AND IS THERE LUNCH AT THAT ONE? JUST TO CLARIFY, DO WE YES.
LUNCH IS BROUGHT IN? ABSOLUTELY.
ANYONE HAVE ANY DIETARY RESTRICTIONS REQUESTS? NO.
OH, I MEAN, I'M, I'M VEGETARIAN.
I THINK WE CAN JUST MOVE ON TO FUTURE AGENDA ITEMS
[FUTURE AGENDA ITEMS]
NOW.SORRY, I DON'T HAVE MY CALENDAR IN FRONT OF ME, BUT I BELIEVE THE NEXT MEETING IS DECEMBER, OR EXCUSE ME, OCTOBER THE 20.
UM, AGAIN, I JUST, I WANTED TELL THE COMMISSION THANK YOU FOR BEARING WITH US, UH, THROUGH THE TECHNICAL DIFFICULTIES AND, UM, WE, I'M VERY APPRECIATIVE THAT WE WERE ABLE TO COME TO THE SUMMARY RESOLUTION ON, UH, THE CASES THAT WE HAD TONIGHT.
UM, SO WITH THAT SAID, THERE ARE NO CONTINUATIONS.
UH, I THINK WE'LL HEAR A WHOLE NEW SLATE OF CASES IN OCTOBER.
UM, AND I BELIEVE WE HAVE AT LEAST ONE APPEAL THAT'S, UH, THAT YOU GUYS WILL HEAR.
UM, IF, YOU KNOW, USUALLY THE, THE, THE COMMISSION, UM, CAN REQUEST THAT A PROPERTY BE PUT ON THE AGENDA, BUT I MEAN, THAT'S KIND OF UNUSUAL.
BUT IF THERE'S A, YOU KNOW, UH, A, YOU'RE WELCOME TO LIKE, PUT SOMETHING ON THE AGENDA THAT'S, UH, LIKE A SUBJECT MATTER, UH, ISSUE.
LIKE IF YOU, YOU KNOW, WERE ASKING FOR INFORMATION ABOUT A PARTICULAR CASE, LIKE AN UPDATE OR SOMETHING LIKE THAT, I COULD PENCIL THAT IN.
BUT, UH, AGAIN, IT JUST NEEDS TO BE, UH, IT NEEDS TO MAKE IT ONTO THE AGENDA IN ORDER TO BE DISCUSSED.
[02:20:01]
THANK YOU.ARE THERE ANY QUESTIONS, COMMENTS, ANYTHING? I DON'T THINK SO.
I THINK, OTHERWISE I'LL BE HAPPY TO CLOSE THE HEARING TODAY.
THERE'S, UH, I'M SORRY, ONE LAST LITTLE THING.
UM, THE MATTER OF YOUR, OF YOUR COMMISSION'S, UM, REGULAR MEETING SCHEDULE WILL BE TAKEN UP NEXT MONTH AS WELL, AND YOU'LL HAVE TO VOTE ON THAT.
IT, UM, YOU KNOW, AGAIN, IT'S THE FOURTH, UH, WEDNESDAY OF EVERY MONTH, UH, WITH THE EXCEPTION OF DECEMBER.
I THINK, UM, UM, YOU KNOW, WE'LL JUST REQUIRE YOUR INPUT FOR WHAT YOUR, WHAT THE DECEMBER OF 2024 MEETING, WHEN YOU WOULD WANT THAT TO LAND.
'CAUSE UH, THE FOURTH SUNDAY IS, OR EXCUSE ME, THE FOURTH, UH, WEDNESDAY IS PROBABLY, UM, YOU'LL PROBABLY WANNA STAY AWAY FROM THE FOURTH WEDNESDAY IN DECEMBER
SO THAT, THAT'S, THAT'S THE ONLY KIND OF VARIABLE TO DISCUSS.
AND OUR OPTIONS WILL BE ANOTHER WEDNESDAY.
IS THAT BASICALLY, UH, IT COULD BE A THURSDAY.
SO YOU'LL, UM, WE WILL HAVE, UH, IF WE COULD MAYBE HAVE A SCHEDULE FOR ABSOLUTELY WHAT ROOMS ARE AVAILABLE AND HERE IT'LL BE IN THIS ROOM, IN THIS ROOM IN DECEMBER.
THAT'LL HELP US GET TO A MEETING AT A CONCLUSION, I MEAN, PRETTY QUICKLY, IF WE CAN, DON'T HAVE TO DOUBLE CHECK WHETHER THE ROOM'S AVAILABLE.
YEAH, WE, I BELIEVE WE, UH, WE'VE MADE THE REQUEST AND UH, THOSE DATES HAVE ALREADY BEEN KIND OF PENCILED IN FOR US.
SO IT'S JUST A MATTER OF, UH, YOU KNOW, UH, YOU GUYS, UH, FORMALIZING THAT.
WELL, UH, NO FURTHER ITEMS. WELL, VICE CHAIR, I SAY YOU DID A GREAT JOB TONIGHT.
SO WHAT ARE WE DOING FOR THE NEXT HOUR? WE GOTTA DISCUSS STUFF.
WE HAVE TO FORMALLY ADJOURN FIRST THOUGH.
I MOVED, I MOVED TO ADJOURN THE, UH, BUILDING IN TANGENT, COMMISSION MEETING OF SEPTEMBER.
SO I'LL, UH, I DON'T THINK ANYONE'S POSTED THAT.
SO I WILL CALL THIS, UH, THE MEETING, THE SEPTEMBER, 2023 MEETING CLOSED AT 9:06 PM THANK YOU.