[CALL TO ORDER]
[00:00:07]
I CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR OCTOBER 25TH, 2023.
LET THE RECORD REFLECT THE TIME IS 6:41 PM MY NAME IS TIMOTHY STOAT.
I'M A COMMISSIONER OF THE BUILDING AND STANDARDS COMMISSION, AND I AM CHAIRING TONIGHT'S MEETING.
UH, CAN EVERYONE HEAR ME OKAY? YEAH.
AT THIS TIME, I WILL CALL RO AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
UH, QUICK REMINDER TO OUR COMMISSIONERS REMOTING IN.
PLEASE TURN ON YOUR CAMERA AND KEEP IT ON.
SO TO MAINTAIN A QUORUM, UH, COMMISSIONER SHUGAR HERE.
COMMISSIONER FERRERA AND COMMISSIONER IDE ARE ABSENT.
SO, UH, BEFORE THE CASES ARE CALLED, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL, UH, ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, UH, OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
ORDINARILY, HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF APPROPRIATE.
UH, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES BERWIN WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.
STAFF WILL ALSO BE AVAILABLE TO ANSWER 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.
UH, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
UM, AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE OR GREATER IF THE CITY HAS GONE LONGER.
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.
JAMES CONDE FOR THE CITY OF AUSTIN.
UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, AFTER WHICH THE, UH, OWNER PROPERTY OWNER MAY SUMMARIZE THEIR CASE.
UH, AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS.
UH, IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH, ANY PERSON THAT WISHES TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, UH, AT THIS TIME, 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.
UH, IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
CAN I RECOGNIZE, UM, UH, I, I BELIEVE WE DON'T HAVE PEOPLE SIGNED UP FOR PUBLIC COMMUNICATION, IS THAT RIGHT? THAT'S CORRECT.
UM, SO IN THAT CASE, UM, JAMES, DO YOU WANNA APPROVE LAST MONTH'S,
[APPROVAL OF MINUTES]
MINUTES? SURE.ARE MR. CHAIRMAN? OKAY, MR. CHAIR, MR. CHAIRMAN, MELANIE, I'VE GOT A CORRECTION.
I WASN'T AT THAT MEETING, BUT YOU'VE GOT ME DOWN HERE AS BEING PRESENT IN ATTENDANCE.
YOU DO NOT HAVE TO BE PRESENT TOO.
NO, I BELIEVE WHAT YOU'VE GOT ME DOWN HERE IS THAT AS ATTENDING THE MEETING YEAH.
[00:05:06]
WHATEVER THE PROTOCOL IS, CAN WE, AN AMENDMENT TO THE MEETING, CAN WE JUST, UH, PROPOSE AN AMENDMENT AND VOTE ON IT AND THEN MOVE ON? I BELIEVE SO.I, THAT'S, I, I MOVE TO ADOPT THE MEETING MINUTES FROM SEPTEMBER, UH, UH, FROM THE SEPTEMBER MEETING OF THE BUILDING AND SAN COMMISSION WITH THE AMENDMENTS OF REMOVING MICHAEL FRANCIS AS A COMMISSIONER IN ATTENDANCE FOR THAT MEETING.
COMMISSIONER OLUGO, UH, MOVES TO AMEND THE, THE, THE MINUTES, UH, FROM OUR LAST MEETING TO REFLECT, UH, THE FACT THAT COMMISSIONER FRANCIS WAS NOT PRESENT.
UH, IS THERE ANY OBJECTION TO, UH, FIRST TO THE AMENDMENT BEFORE I I, AND THEN ANY, UH, FURTHER OBJECTION TO, TO ADOPTING THE MINUTES? OKAY.
HEARING NONE, THE MINUTES ARE, THE MINUTES ARE APPROVED, AND, UH, AT THIS TIME, I, I DON'T THINK WE HAVE ANY MORE PRELIMINARY BUSINESS, SO, UH, I THINK WE CAN GO AHEAD AND BEGIN WITH THE CASES, WITH THE CHAIR'S PERMISSION.
UM, CAN WE TAKE ITEM NUMBER EIGHT OUT OF ORDER AND GO TO THAT FIRST? OKAY.
IF THERE'S NO OBJECTION, WE'LL WE'LL BEGIN BY, I WILL
[8. Case Number: CV 2023-017465]
CALL CASE NUMBER EIGHT.UM, SO ITEM NUMBER 8 23 0 2 EAST SIDE DRIVE.
THIS IS A NOTICE OF VIOLATION APPEAL REGARDING MULTIPLE VIOLATIONS, UM, APPEAL.
THE CASE NUMBER IS CV 20 23 0 1 7 4 6 5.
UH, AND, UH, MS. OKAY, GO AHEAD,
THIS CASE IS REGARDING A RESIDENTIAL PROPERTY, UH, WHICH WAS CITED BY THE DEVELOPMENT SERVICES FOR CODE VIOLATIONS.
THE TRAVIS HEIGHTS BOARD OF DIRECTORS FILED AN APPEAL OF NOTICE OF VIOLATION, HOWEVER, THE APPLICANT HAS, UH, NOW COME BEFORE THE BOARD TO REQUEST A POSTPONEMENT OF THE CASE TO, TO DECEMBER 7TH.
UH, THE REPRESENTATIVE IS HERE TONIGHT ON BEHALF OF THE TRAVIS HEIGHTS BOARD OF DIRECTORS TO MAKE THAT REQUEST.
AND IF I COULD ASK THE, UH, THE PROPERTIES REPRESENTATIVE TO, UH, COME FORWARD AND HAVE A SEAT AT THE TABLE.
UM, SO THE PROPERTY REPRESENTATIVE IS ON THE PHONE, AND THIS WOULD BE, UH, IS THAT MS. WHITE? IS THAT RIGHT? OKAY.
UH, CAN YOU HEAR US? UH, ALL YOU HAVE TO DO IS PRESS STAR SIX ON YOUR PHONE, STAR SIX.
YOU CAN PRESS STAR SIX TO UNMUTE.
IT APPEARS AS THOUGH THEY'RE ATTEMPT, WELL, IT APPEARS AS THOUGH THEY HAVE UNMUTED THEMSELVES.
CAN, UH, LISA WHITE AND, AND JOHN NETTER, CAN YOU HEAR US? UH, YES, SIR.
ARE YOU ABLE TO HEAR ME? I, I CAN.
AND, UH, SO, SO JAMES, DID YOU WANNA BEGIN OR WOULD WE JUST GO STRAIGHT TO THE PROPERTY OWNER ON THIS ONE? IS THAT SORRY, STRAIGHT TO THE PROPERTY OWNER.
AND SO, UH, WHO WOULD LIKE TO BEGIN? MS. WHITE OR MR. NETTER? CAN YOU HEAR ME? UH, LISA, YOU'RE NOT HERE AND YOU WANT TO, YOU, LISA CAN BEGIN IF SHE'D LIKE, IF SHE'S ON HERE.
UM, BUT I DIDN'T, I'LL TAKE OVER IF SHE NEEDS ME TO MS. WHITE, MR. NETTER, DON'T YOU, GO AHEAD.
'CAUSE I, I CAN, WE CAN HEAR YOU.
WHY DON'T YOU GO AHEAD AND START.
I AM THE ASSOCIATION MANAGER FOR TRAVIS TERRANCE.
UM, THE COMMUNITY IN QUESTION HERE, I TOOK OVER MANAGEMENT OF THIS COMMUNITY, UM, AT THE BEGINNING OF THIS MONTH, OCTOBER, I WORK FOR PS MANAGEMENT AND WE'RE THE ASSOCIATION, UM, AND CONTROL OF MANAGING THE ASSOCIATION.
UM, BASICALLY WE ARE ASKING FOR A CONTINUANCE OF THIS HEARING TONIGHT, UH, TO THE NEXT MEETING DATE OF DECEMBER 7TH.
DOES THAT CONCLUDE YOUR TESTIMONY,
WELL, I, I CAN ALSO ADD THAT, UM, WITHIN THE LAST MONTH, WE HAVE MADE SOME PROGRESS, UM, TO THESE CODE VIOLATIONS.
AS OF THE DAY, ALL ELECTRICAL AND PLUMBING CODES SHOULD BE CORRECTED.
UM, CERTIFIED ELECTRICAL AND PLUMBING VENDORS HAVE BEEN HIRED, AND THEY'VE BOTH BEEN OUT ON THE COMMUNITY THE LAST SEVEN DAYS.
AND THE CITY OF AUSTIN PLUMBING INSPECTOR WAS ON THE COMMUNITY THIS MORNING, AND HE GAVE MY PLUMBER THE GREEN LIGHT THAT ALL CODE,
[00:10:01]
ALL PLUMBING CODES HAVE BEEN CORRECTED.AND THAT WILL CONCLUDE MY TESTIMONY.
AND THIS IS AN, I I GATHER THIS IS AN AGREED, UM, THIS IS AN AGREED MOTION.
IS, UH, DOES ANY, DOES ANYBODY WANT TO, UM, WANNA MAKE IT A FORMAL MOTION? JUST GO AHEAD AND, AND CALL IT? OR DO WE NEED, DO WE NEED ANY DISCUSSION ON THIS? I MOVE TO CLOSE TO THE HEARING ON THE APPEAL AND, UH, ADOPT STAFF RECOMMENDATION TO DENY THE APPEAL.
WE HAVE A MOTION BY, OH, HOLD ON.
UH, DIVISION MANAGER ROBERT MOORE, UH, WE'RE IN SUPPORT OF POSTPONING THIS APPEAL.
WE'RE NOT LIKE GONNA HEAR THE APPEAL TONIGHT.
WE WERE JUST WANTING TO GO AHEAD AND POSTPONE IT TILL DECEMBER 7TH.
SO WE'RE SUPPORTING, UH, THEIR REQUEST, THE, THE REPRESENTATIVE'S REQUEST, RIGHT.
FOR THE CONTINUANCE UNTIL CONTINUANCE? YES.
DO YOU WANNA REFRAME YOUR MOTION IN LIGHT OF THAT COMMISSIONER? UH, IT JUST SEEMS THAT THE, WHAT IT'S, WHAT'S ON THE RECOMMENDATION HERE IS SORT OF SEPARATE.
UM, SO, SO WE WANT TO ACCEPT THE APPEAL REQUEST.
WOULD YOU SAY THAT'S CORRECT? CORRECT.
UH, THE AGENDA HAD ALREADY GONE OUT, SO THAT'S WHY THAT WAS ON THERE.
BUT WE HAVE SINCE TALKED WITH, UH, PROPERTY REPRESENTATION AND WE'RE ALL IN AGREEMENT THAT WE'RE OKAY WITH, UH, POSTPONING IT UNTIL DECEMBER 7TH.
AND, AND ON THAT, JUST TO BE CLEAR, UH, COMMISSIONER OLUGO, IT WOULD NOT BE A DECISION TO EITHER DENY OR AFFIRM OR, OR GRANT THE APPEAL.
IT WOULD BE A DECISION TO, UH, PERMIT THE POSTPONEMENT MM-HMM,
POSTPONE THE APPEAL TO A NEXT MEETING, TO THE DECEMBER 7TH MEETING, CORRECT? SEVEN SEVENTH.
OKAY, THANK YOU FOR THAT CLARIFICATION.
SO, UH, UM, DO YOU, DO YOU WANT TO JUST, JUST TO, FOR SAKE OF A CLEAN RECORD, COMMISSIONER OLUGO, WOULD YOU LIKE TO RE RESTATE IT? I'LL WITHDRAW MY PREVIOUS MOTION AND I'LL CREATE A NEW MOTION, UH, TO UH, CLOSE THE HEARING ON THE APPEAL AND POSTPONE DECISION ON THAT CASE UNTIL THE DECEMBER 7TH MEETING.
COMMISSIONER, DO WE HAVE A SECOND? I'LL SECOND.
UH, WE HAVE SEVERAL SECONDS, SO I'M GONNA SAY THAT, THAT I HEARD COMMISSIONER FRANCIS.
UH, AND UH, SO I'M GONNA GO AHEAD AND, UH, I'M GONNA GO AHEAD AND CALL THE VOTE, UH, COMMISSIONER, UH, COMMISSIONER SARD FOUR FOUR.
COMMISSIONER? AYE, UH, COMMISSIONER SALLY AYE.
THERE BEING SEVEN AYES? UH, THE MOTION CARRIES.
AND I WILL, UH, THANK THE OWNER'S REPRESENTATIVES FOR YOUR APPEARANCE HERE THIS EVENING AND WE'LL, UH, WE'LL MOVE ON TO THE NEXT ITEM.
UH, CHAIR, CAN I ASK A QUESTION? CAN I ASK A QUESTION OF THE DISTRICT MANAGER AND, UH, STAFF COMMISSIONER? I'M, YOU'RE RECOGNIZED OLUGO, YOU'RE RECOGNIZED.
SO, IN THOSE SITUATIONS WHERE THE RECOMMENDATION CHANGES, WHERE SHOULD I REFER TO? 'CAUSE IF THIS OUT OF DATE AND I DO NOT FIND THE RECOMMENDATION ON THE DOCUMENTS WE HAVE HERE, UH, IS THIS SOMETHING THAT WE SHOULD SORT OF CHECK IN WITH YOU GUYS BEFORE TO CONFIRM THE RECOMMENDATION OR WHAT WOULD BE, WHAT, WHAT, WHAT WOULD BE THE BEST WAY OF SORT OF AFFIRMING THAT WE'RE ON THE SAME PAGE? YEAH, IF YOU DID NOTHING WRONG, WE, WHEN WE PRESENTED, WE SHOULD HAVE SAID, WE'RE SUPPORTING THIS.
THIS IS WHAT WE'RE LOOKING TO DO HERE.
WE, WE WILL BE MORE CLEAR NEXT TIME.
UM, IT, THIS IS JUST A FORMALITY.
UH, YOU KNOW, THEY, THEY HAD TO SUBMIT THEIR, WE WOULD'VE DONE NOT EVEN BROUGHT IT HERE.
MM-HMM,
SO WE JUST, Y'ALL NEED TO APPROVE IT.
SO, YEAH, SORRY, I JUST WANNA MAKE SURE WE'RE ALL ON THE SAME PAGE.
[2. Case Number: CL 2023-070716]
THIS TIME CALL, UM, CALL CASE ITEM NUMBER TWO.ITEM NUMBER TWO ON THE AGENDA.
CASE NUMBER CL 2 0 2 3 DASH 0 7 0 7 16 IS RETURNING FROM THE JULY, 2023 MEETING AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 1 6 1 0 JANUARY DRIVE.
THE EXHIBITS CAN BE FOUND IN THE BRIGHT BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE WITH AN ACCESSORY STRUCTURE.
THE CASE WAS OPENED IN JANUARY, 2023 AS A RESULT OF A COMPLAINT.
THE CASE WAS PREVIOUSLY HEARD BY THE BSC AT THE JULY MEETING.
HOWEVER, DUE TO NEW OWNERSHIP OF THE PROPERTY, NO ORDER WAS ENTERED AND THE CASE WAS CONTINUED TO TONIGHT'S MEETING BECAUSE WORK ON THE PROPERTY IS PROGRESSING AND THERE ARE ACTIVE BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL PERMITS IN PLACE.
DSSD CODE COMPLIANCE ENGAGED THE OWNER PRIOR TO THE HEARING.
UH, REGARDING A PROPOSED AGREED ORDER, WHICH BOTH PARTIES HAVE AGREED TO AND SIGNED IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING
[00:15:02]
EXHIBITS ONE AND TWO A THROUGH TWO E, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR F AND THE PROPOSED AGREED ORDER.
BECAUSE WE HAVE SIGNED, UH, BECAUSE WE HAVE A SIGNED AGREED ORDER FOR THIS CASE, THERE IS NOTHING TO PRESENT.
EXHIBITS CAN BE FOUND IN YOUR READERS AND GOOGLE DRIVE FOLDER FOR REFERENCE SUPERVISOR DAVID DOWNING, IS AVAILABLE TO DISCUSS THE VIOLATIONS AND ANSWER ANY QUESTIONS YOU MAY HAVE.
OTHERWISE, VICE CHAIR OR OTHERWISE, UH, COMMISSIONER CHAIR WITH YOUR APPROVAL, I WILL PROCEED TO READ THE PROPOSED AGREED ORDER INTO THE RECORD.
UH, WELL, SHOULD, SHOULD I, I SHOULD ADMIT THE EXHIBITS FIRST PROBABLY RIGHT? WOULD THAT, WOULD THAT BE APPROPRIATE, PLEASE? OKAY.
SO, UH, AT THIS TIME WITHOUT OBJECTION, I WILL ADMIT, UH, EXHIBIT THREE AND EXHIBITS FOUR A THROUGH FOUR F.
HEARING NONE THE EXHIBITS ARE ADMITTED AND YOU MAY PROCEED.
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 FOUR A THROUGH FOUR F.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING.
ONE, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
TWO, REPAIR ALL SIDED VIOLATIONS TO BOTH THE RESIDENTIAL AND ACCESSORY STRUCTURES WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
THREE REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE AND FOR 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
BECAUSE THIS IS AN AGREED ORDER, THE OWNER IS NOT PRESENT UNLESS YOU HAVE QUESTIONS FOR STAFF, YOU CAN PROCEED WITH ADMITTING THE EXHIBITS AND A VOTE TO ADOPT THE PROPOSED AGREED ORDER.
UH, THE EXHIBITS HAVE BEEN ADMITTED AND SO I, UH, THESE ARE USUALLY PRETTY EASY, BUT I'LL GO AHEAD AND THROW IT OPEN TO MY FELLOW COMMISSIONERS IN CASE ANYBODY DOES HAVE ANY DISCUSSION.
OTHERWISE, IS THERE A MOTION, COMMISSIONER CAMPBELL MOVE TO CLOSE THE HEARING AND ADOPT THE PROPOSED AGREED ORDER AS WRITTEN? I SECOND, UH, SECOND BY COMMISSIONER OLUGO AND I'M GONNA CALL THE VOTE COMMISSIONER SHUGAR AYE.
THERE BEING SEVEN AYES, NO NAYS.
WE'LL MOVE ON TO THE NEXT ITEM.
[3. Case Number: CL 2023-070791]
ITEM THREE ON THE AGENDA IS CASE NUMBER CL 2 23 DASH 0 7 0 7 91 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 0 0 4 IDLE WILD ROAD.THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE, WHICH IS A HOMESTEAD AND IS UNOCCUPIED.
THE CASE WAS OPENED IN DECEMBER, 2021 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY AND DEVELOPMENT SERVICES DEPARTMENT HAS MADE NO CONTACT WITH THE OWNER.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO P AND THE RECOMMENDED ORDER CODE INSPECTOR BELINDA NOBLES IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR NOBLES, PLEASE BEGIN YOUR TESTIMONY.
I'M CODE OFFICER BELINDA NOBLES WITH DEVELOPMENT SERVICES CODE COMPLIANCE.
I'M THE INSPECTOR WHO INHERITED THIS CASE AT 4,004 ILE WALL IN 2022.
UM, THIS IS A SINGLE FAMILY RESIDENTIAL PROPERTY.
UM, ON DECEMBER 11TH, 2021, THE CODE DEPARTMENT RECEIVED A 3 1 1 COMPLAINT ABOUT AN ABANDONED HOUSE WITH CHIPPING PAINT FOUNDATION ISSUE, STRUCTURAL DETERIORATION, OVERGROWN VEGETATION WITH TALL GRASS AND WEEDS.
UM, THE INITIAL INSPECTION WAS CONDUCTED
[00:20:01]
ON DECEMBER 14TH, 2021.THE PROPERTY WAS IN VIOLATION FOR EXTERIOR WALLS SLASH SIDING, PEELING, CHIPPING, AND DETERIORATING ALONG WITH SEVERAL STRUCTURAL VIOLATIONS.
THE NOTICE OF VIOLATION WAS SENT TO THE TCA PROPERTY OWNER JOHN STER ON DECEMBER 15TH, 2021.
WHEN I INHERITED THIS CASE, I WAS, I SENT OUT A NEW NOTICE OF VIOLATION ON APRIL 17TH, 2022 FOR THE STRUCTURAL VIOLATIONS AND UNSANITARY CONDITIONS FROM DECEMBER, 2021 TO PRESENT DAY.
THERE HAVE BEEN MULTIPLE FOLLOW UPS TO THE PROPERTY, UM, THROUGHOUT THE NUMBER OF INSPECTIONS, I HAVE HAD NO CONTACT WITH THE PROPERTY OWNER OR ANYONE ELSE REPRESENTING THE PROPERTY TO REMEDY THE VIOLATIONS.
IN APRIL OF 2022, AN ADMINISTRATIVE CITATION WAS ISSUED TO THE PROPERTY OWNER FOR PROTECTIVE TREATMENT AND THE PROPERTY OWNER WAS FOUND LIABLE FOR A VIOLATION AND WAS REQUESTED TO PAY A FINE.
MY LAST INSPECTION TO THIS PROPERTY WAS OCTOBER 10TH, 2023 AND THE PROPERTY REMAINS TO BE ABANDONED AND IN VIOLATION AND WE CAN MOVE FORWARD TO THE EXHIBITS.
EXHIBIT TWO A IS JUST A CONTEXTUAL PHOTO SHOWING THE PROPERTY OF 4,004 ILE WALL ROAD.
HERE YOU CAN SEE THE OVERGROWN VEGETATION, ALSO THE TALL GRASS IN WEEDS.
NEXT EXHIBIT, EXHIBIT TWO B IS JUST SHOWING A PHOTO OF THE RIGHT SIDE OF THE PROPERTY, UM, WHERE YOU CAN SEE THE SIDING AND THE EXTERIOR WALLS, PEELING, CHIPPING, AND DETERIORATING EXHIBIT.
NEXT EXHIBIT, EXHIBIT TWO C IS JUST, THIS IS THE FRONT PORCH AREA SHOWING THE ADDRESS OF 4,004.
HERE YOU CAN SEE, UH, THE FASCIA BOARDS, THE SOFFITS, UM, PEELING, CHIPPING, DETERIORATING.
ALSO IF YOU LOOK TO THE LEFT SIDE OF THE PROPERTY, UM, THE WINDOW FRAME IS THE PAINT IS PEELING AND CHIPPING ALSO ON THE SIDING ABOVE ON THE TOP AREA OF THE TRIM HAS ALSO DETERIORATED AND THE PAINT HAS PEELED AWAY AS WELL.
UM, NEXT EXHIBIT TWO D JUST SHOWS, UH, THIS IS JUST A COLUMN, UM, BEING STORED ON THE PORCH AREA.
ALSO ON THE LEFT SIDE, YOU CAN SEE WHERE THE WOOD IS SLIGHTLY DETERIORATING AS WELL.
UM, NEXT EXHIBIT TWO EE JUST SHOWS WHERE THE CONCRETE IS MISSING ON THE FRONT PORCH AREA.
THIS IS ALSO WHERE THE COLUMN WOULD HAVE OR ORIGINALLY BEEN.
UH, THIS IS JUST A CLOSER PHOTO SHOWING THE SOFFIT UNDER THE FRONT PORCH AREA.
YOU CAN SEE WHERE THE PAINT IS, UH, DETERIORATING OR THE SOFFIT IS DETERIORATED, I'M SORRY.
UM, AND THE PAINT IS CHIPPING, UM, DUE TO THE WEATHER ELEMENTS.
ALSO, IF YOU LOOK UP AT CLOSER AT THE TOP, YOU CAN SEE THE TRIM AND THE FASCIA HAS ALSO, UH, DETERIORATED AND THE PAINT IS CHIPPED AS WELL.
UM, THIS IS, UH, THE RIGHT SIDE OF THE PROPERTY.
AGAIN, AS I STATED BEFORE, UM, WHERE YOU CAN SEE THE, UH, PAINT IS CHIPPING, UH, DETERIORATED, UM, ALSO EXPOSING THE WOOD TO THE ELEMENTS, WEATHER ELEMENTS, AND IT ALSO SHOWS LACK OF MAINTENANCE TO THE PROPERTY.
NEXT EXHIBIT TWO H SHOWS THE RIGHT REAR SIDE OF THE FOUNDATION CURTAIN WALL, UH, WHERE IT HAS CRACKED WITH A LARGE PORTION MISSING, ALLOWING ACCESS FOR, UH, RODENT AND PEST ENTRY.
UM, THE CONCRETE PIER IS ALSO CRACKED IN DISREPAIR.
NEXT EXHIBIT TWO I IS THE REAR OF THE PROPERTY SHOWING THE SOFFIT UNDERNEATH THE GUTTERS, UH, HAVE WHERE THE WOOD HAS DETERIORATED AND IT'S ALSO OPEN TO THE WEATHER ELEMENTS.
UM, AND YOU CAN SEE THE LACK OF THE MAINTENANCE FOR THE VINES GROWING ONTO THE SIDING.
THIS IS A PHOTO SHOWING THE DOOR FRAME, UM, AND THE SIDING WHERE IT HAS CHIPPED.
THE PAINT HAS CHIPPED, AND THE PAINT IS ALSO EXPOSED TO THE STRUCTURAL MEMBERS, UH, DUE TO THE WEATHER ELEMENTS.
UH, THIS IS SHOWING, UH, THE REAR OF THE PROPERTY AGAIN WHERE YOU CAN SEE THE WINDOW TRIM AND THE SIDING ALSO WHERE THE PAINT HAS CHIPPED AND DETERIORATED.
[00:25:01]
TO THIS EXHIBIT, UH, SHOWING THE CONTEXTUAL PHOTO OF THE REAR OF THE PROPERTY, WHERE YOU CAN SEE A OVERVIEW BASICALLY OF THE DOOR FRAMING, UM, THE SIDING WHERE THE PAINT HAS CHIPPED AND DETERIORATED AS WELL.UM, NEXT EXHIBIT TWO M IS JUST A ZOOMED OUT PHOTO SHOWING AGAIN THE DOOR FRAMING THE SIDING, UH, WHERE THE TRIM AND THE SIDING HAS DETERIORATED AND THE PAINT IS CHIPPED AS WELL.
NEXT PHOTO TWO M IS THE PHOTO SHOWING THE ELECTRIC METER BOX HAS DETACHED.
ALSO THE METER, UH, HAS BEEN REMOVED, UH, SHOWING BASICALLY THE ELECTRICAL SERVICE HAS BEEN DISCONNECTED.
UM, IT'S, YOU CAN ALSO SEE THE SIDING, UM, AND THE PAINT HAS DETERIORATED IN ITS CHIP AS WELL HERE IN THIS PHOTO.
AND IT'S ALSO EXPOSED TO THE ELEMENTS OF THE WEATHER ELEMENTS.
UH, NEXT PHOTO TWO OH IS JUST SHOWING, BASICALLY THE ELECTRIC SERVICES HAS BEEN DISCONNECTED.
IF YOU LOOK TO THE RIGHT, YOU COULD SEE THE ELECTRICAL LINES THERE.
NEXT PHOTO TWO P IS JUST A PHOTO SHOWING THAT GAS SERVICES HAS BEEN DISCONNECTED ON AT THE PROPERTY.
AND THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITION SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO P.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE.
C REQUEST INSPECTIONS 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 $350 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, WITHOUT OBJECTION, THE CHAIR WILL, UH, ADMIT EXHIBIT ONE AND THE PHOTOGRAPHS.
THEY MARKED EXHIBITS TWO A THROUGH TWO P.
UH, HEARING NONE THE EXHIBITS ARE, UH, ADMITTED.
I AM SHOWING THAT ON ITEM NUMBER THREE, UH, NO ONE HAS REGISTERED TO SPEAK BY PHONE.
UM, I DO WE HAVE ANY, ANY, UH, WITNESSES IN PERSON WHO WISH TO TESTIFY ON ITEM NUMBER THREE? OKAY, SO I GUESS WE'RE JUST, UH, UH, I'LL THROW QUESTIONS FOR OFFICER NOBLES OR, UH, ANYBODY JUST WANTS TO DISCUSS IT.
UM, OFFICER UH, NOBLES, THANK YOU FOR YOUR WORK ON THIS.
I JUST HAD ONE QUICK QUESTION.
HAVE YOU BEEN ABLE TO ESTABLISH ANY CONTACT WITH THE PROPERTY OWNER? NO, I HAVEN'T EVER SINCE I'VE INHERITED THE CASE, I HAVEN'T HEARD NO MAIL, CALL, TEXTS, NO RESPONSE, NO MAIL, CALL, EMAILS, ANYTHING.
I EVEN POSTED THE PROPERTY JUST TO SEE IF, YOU KNOW, SOMEONE WOULD PICK UP THE NOTICE OFF THE PROPERTY.
UM, AND IS, IS THERE A CHECK IN THE PROPERTY OWNER STILL ALIVE? LIKE, UH, YES.
AND THEY ARE ALLEGEDLY STILL ALIVE? UH, YES.
UM, IS THERE ANY MANY, ANY FURTHER DISCUSSION ON THIS ITEM? YES.
UH, MR. CANEZ, UH, THE OWNER HAPPENS TO BE A, UH, RETIRED CITY EMPLOYEE.
WE REACHED OUT TO THE, UH, RE RETIREMENT SERVICES, UM, ARM AND THEY CONFIRMED THAT HE STILL RECEIVES A PENSION.
UM, I DON'T KNOW EXACTLY WHAT SERVICE THEY USE, BUT YOU KNOW, THE CITY'S PRETTY MISERLY, SO THEY DON'T WANT TO PAY SOMEONE WHO'S BEEN DECEASED, YOU KNOW, CONTINUALLY FOR, UH, YOU KNOW, YEARS AFTER THEY'VE DIED.
UM, THANK YOU FOR GOING THAT FAR.
I WAS JUST GONNA SAY, IT'S VERY UNFORTUNATE THIS SITUATION THAT WE DON'T HAVE AN ALTERNATE ADDRESS OR,
[00:30:01]
UH, ANY OTHER POINT OF CONTACT OR YEAH, ANYTHING.UM, UNFORTUNATELY WE'VE JUST, YEAH, I MEAN OUR WITNESSES GO TO GO HAVE BEEN GOING TO OTTAWA AND, AND LANDED THERE AND THAT'S IT.
UM, YEAH, I MEAN, IT SEEMS LIKE THERE'S NO OPTION OF OF THEM TO ADOPT THIS.
I WAS JUST CURIOUS WHAT WE COULD DO TO ACTUALLY GET IT REPAIRED.
'CAUSE IT SEEMS LIKE JUST NOBODY IS CHECKING THOSE ORDERS, SO, UM, THAT'S, THAT'S LIFE SOMETIMES, I GUESS.
COMMISSIONER ROSE LUGO, UH, COMMISSIONER FRANCIS.
WELL, IF THE CITY'S DOING, UH, DISTRIBUTIONS, WHICH SEEM THAT THERE'S MAYBE A CORRELATION TO BE DRAWN WITH WHERE THOSE ARE GOING, WHETHER THAT ADDRESS IS PUBLIC INFORMATION, I'M JUST FISHING TO SEE.
I MEAN, IF TAXES ARE BEING PAID, THERE'S SOME ACTIVITY THERE, BUT JUST SEEMS TO BE ASHAMED.
UH, AFTER DOING RESEARCH, THE TAXES ARE STILL BEING PAID CURRENTLY.
UM, RECENTLY, UH, LET'S SEE, UH, LAST EFFECTIVE DATE WAS NOVEMBER 30TH, 2022.
FROM THE RECORDS, TAX RECORDS, DOES THE CITY SHIP THE PAYMENTS FOR PENSIONS DIGITALLY OR DOES IT MAIL THEM TO THIS ADDRESS? UH, CHAIR RECOGNIZES COMMISSIONER OLUGO.
UH, WHAT HAPPENS IS, UM, SO WHAT THEY TOLD ME WAS THEIR NOTICES ARE, YOU KNOW, THEIR, THEIR MAILINGS ARE GOING TO OTTAWA AND THEY HAD BEEN RETURNED.
UM, AND AGAIN, WHEN THAT HAPPENS, THEY WILL SEND OUT SOME KIND OF A FEELER, LIKE FOR A CHANGE OF ADDRESS.
UM, AGAIN, WE CAN ONLY PRESUME THAT THE OWNER IS MOVED.
UH, OF COURSE THERE'S NO ELECTRICAL GAS SERVICE THERE, SO, UM, YOU KNOW, HE JUST, HE JUST HASN'T UPDATED THE, UM, THE Q AD AS OF YET.
IS THERE ANY, UH, FURTHER DISCUSSION ON THE ITEM OR I MOVE TO ADOPT? GO COMMISSIONER FRANCIS, JUST MOVE TO CLOSE THE PUBLIC HEARING AND ADOPT STEPS, PROPOSED FINDINGS OF FACT.
DO WE HAVE A SECOND? I SECOND.
WE HAVE A MOTION BY COMMISSIONER FRANCIS TO, UH, CLOSE AND, UH, ADOPT, UH, SECONDED BY COMMISSIONER CAMPBELL.
UH, I'M JUST GONNA GO AHEAD AND CALL IT, SO, UH, COMMISSIONER SARD.
AYE, UH, COMMISSIONER CAMPBELL? AYE.
THERE BEING SEVEN AYES NO NAYS.
THE MOTION CARRIES AND WE WILL MOVE
[4. Case Number: CL 2023-118527]
ON TO ITEM NUMBER FOUR, AND IF THERE ARE, I SHOW THERE MAY BE SOMEBODY, UH, REGISTERED TO, UH, SO IF THE PROPERTY IS REPRESENTED, WILL THE, WILL THE REPRESENTATIVE PLEASE COME FORWARD AND, AND HAVE A SEAT AT THE TABLE AND THEN I'LL, I'LL TURN IT OVER TO, UH, JAMES.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2 0 2 3 DASH 1 8 5 2 7 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6 6 0 5 PORTER STREET.
THE EXHIBITS CAN BE FOUND IN THE DARK GRAY 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 FIRE DAMAGED.
THE CASE WAS OPENED IN JANUARY, 2022 AS A RESULT OF A FIRE.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY.
CONDITIONS ARE CONSIDERED SUBSTANDARD, HAZARDOUS AND DANGEROUS, AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING FOR AND POSTING.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H AND THE RECOMMENDED ORDER CODE INSPECTOR AARON JANKE IS HERE TONIGHT TO, UH, PRESENT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR JANKE, PLEASE PRESENT, UH, YOUR TESTIMONY.
I'M CODE INSPECTOR B FOR THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 6 6 0 5 QUARTER STREET.
THE OWNER OF A RECORD HAS BEEN IDENTIFIED AS SOCORRO GURA.
[00:35:01]
ACCORDING TO THE TRAVIS COUNTY APPRAISAL DISTRICT WEBSITE, IT WAS LATER VERIFIED THAT THE OWNER OF THE PROPERTY IS DECEASED AND THAT THE SON, FRED ANTHONY GUDA, IS NOW CONSIDERED THE INDEPENDENT ADMINISTRATOR OF THE ESTATE.ON JANUARY 15TH, 2022, A COMPLAINT WAS RECEIVED FOR THIS PROPERTY VIA AUSTIN 3 1 1 FOR A STRUCTURE FIRE.
ON JANUARY 18TH, 2022, INSPECTOR JOHN BAEZ PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING STRUCTURE, MAINTENANCE INTERNATIONAL PROPERTY MAINTENANCE CODE VIOLATIONS.
EXTERIOR WALLS WERE SUBJECTED TO FIRE, INTERIOR AND EXTERIOR WOOD WERE SUBJECTED TO FIRE.
PLUMBING SYSTEM HAZARDS WERE ALSO SUBJECTED TO FIRE.
THERE WAS NO EBS REQUIRED AT THIS TIME AS THE TENANT AT THE TIME BOARDED AND SECURED THE RESIDENCE.
MR. BAEZ THEN PERFORMED NINE FOLLOW-UP INSPECTIONS AND OBSERVED THAT THE VIOLATIONS HAD NOT BEEN CORRECTED.
ON JANUARY 9TH, 2023 INSPECTED JOHN BIAS PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
AGAIN, STRUCTURE MAINTENANCE, UNSAFE STRUCTURES SUBJECTED TO FIRE.
EXTERIOR WALLS WERE SUBJECTED TO FIRE PLUGGING SYSTEM HAZARDS SUBJECTED TO FIRE AND INTERIOR AND EXTERIOR WOOD WERE SUBJECTED TO FIRE.
ON SEPTEMBER 13TH, 2023, INSPECTOR WILLIS ADAMS, OR SORRY, INVESTIGATOR WILLIS ADAMS, PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS, AGAIN, STRUCTURE MAINTENANCE, WOOD INTERIOR AND EXTERIOR EXPOSED TO FIRE, PLUMBING SYSTEM HAZARDS, ELECTRICAL EQUIPMENT EXPOSED TO WATER, ELECTRICAL EQUIPMENT EXPOSED TO FIRE, OBTAIN A PERMIT, FACILITIES REQUIRED EXTERIOR WALLS EXPOSED TO FIRE AND ELECTRICAL SYSTEM HAZARDS.
THIS CASE IS BEING ESCALATED FORWARD DUE TO THE EXTREME DETERIORATION OF THE PROPERTY AND THE ABOVE MENTIONED CODE VIOLATIONS NOT BEING RECTIFIED WITHIN THE REQUIRED TIMEFRAME.
UM, ON SEPTEMBER 20TH, 2023, I WAS TRANSFERRED THIS CASE.
UM, AND I AM NOW READY TO, UH, GO OVER THE EXHIBIT PHOTOS FIRST.
WHAT'S THE DATE ON THAT? OKAY, SO THIS IS, THIS IS THE NEWEST PHOTO.
SO THIS IS A CONTEXTUAL PHOTO.
THIS WAS TAKEN ON OCTOBER 17TH, 2023.
I WENT OUT TO THE RESIDENCE TO ATTEMPT TO MAKE CONTACT.
UM, AS YOU CAN SEE, THE STRUCTURE IS STILL BOARDED UP AND ALL VIOLATIONS WERE STILL PRESENT AT THE TIME.
THIS IS ANOTHER CONTEXTUAL PHOTO TWO B.
THIS ONE IS ALSO SHOWING JUST THE REMAINING STRUCTURE DAMAGE.
THIS IS ANOTHER CONTEXTUAL PHOTO.
THIS IS SHOWING THE DAMAGE TO THE EXTERIOR WALLS.
THE SHEETS, UM, THE INTERIOR EXTERIOR WOOD, UM, ALL HAVE BEEN SUBJECTED TO FIRE AND WATER.
THIS IS A SLIGHTLY CLEARER ONE.
YOU CAN AGAIN SEE THERE'S EVEN SOME SINK DIPPING AND, AND THE ROOF AND THE PORCH.
UM, ALMOST THE ENTIRE GUTTER AND SOFFITS HAVE BEEN BURNED, SUBJECTED TO FIRE.
THE INTERIOR WOOD HAS BEEN SUBJECTED TO FIRE.
THIS IS A CLOSEUP OF THE SOFFITS ON THE HOUSE, JUST SHOWING THE FIRE DAMAGE.
THIS ONE IS ALONG THE FRONT OF THE HOUSE AND ALONG THE PORCH.
YOU CAN SEE THE INTERIOR AND EXTERIOR WOOD HAS BEEN EXPOSED TO FIRE.
THE SOFFITS HAVE BEEN COMPLETELY DESTROYED, AND THERE IS CONSIDERABLE FIRE DAMAGE TO THE PORCH.
THIS IS ANOTHER CONTEXTUAL PHOTO JUST GIVING YOU A CLOSERS VIEW OF THE INTERIOR AND EXTERIOR FIRE DAMAGE.
YOU CAN SEE THE, THE TWO BY FOURS OF THE WOOD IN BEHIND THE WALL.
YOU CAN SEE THAT THE PORCH AND SHEATHING AND SOFFITS HAVE ALL BEEN SEVERELY BURNED.
THIS IS A PHOTO OF THE WATER METER, OR SORRY, THE ELECTRICAL METER.
THE WA THE ELECTRICAL POWER AND THE GAS WERE SUBJECTED TO FIRE DAMAGE AND WERE CUT OFF.
[00:40:02]
BECAUSE OF THE, BECAUSE 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 AND DANGEROUS CONDITIONS.STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, REPAIR ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE.
C REQUEST INSPECTIONS 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
AT THIS TIME, THE CHAIR WILL, UH, WITHOUT OBJECTION, THE CHAIR WILL ADMIT EXHIBIT ONE AND THE PHOTOGRAPHS MARKED EXHIBITS TWO A THROUGH TWO H.
UH, AND I WILL, UH, OPEN IT TO, I DON'T THINK WE HAVE ANYBODY FOR THE PROPERTY.
UH, REP PROPERTY'S NOT REPRESENTED TONIGHT.
SO, UM, I GUESS AT THIS TIME, DID ANY OF MY FELLOW COMMISSIONERS HAVE QUESTIONS FOR, UH, CODE INSPECTOR? CODE INSPECTOR JANKEY? OKAY.
DOES ANY, IS THERE ANY, UH, DISCUSSION? COMMISSIONER FRANCIS, UH, MR. CHAIR, I MOVE TO CLOSE THE HEARINGS AND ADOPT THE STAFF'S PROPOSED, UH, PROPOSED LOVE FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.
OKAY, WE HAVE A MOTION BY COMMISSIONER I'LL THAT, OKAY.
COMM, UH, WE HAVE A MOTION BY COMMISSIONER FRANCIS AND A SECOND BY COMMISSIONER SELIG.
IS THERE ANY DISCUSSION ON THE MOTION? THEN I WILL GO AHEAD AND CALL COMMISSIONER SHUGAR.
THERE BEING SEVEN AYES, NO NAYS.
AND, UH, THANK YOU FOR THE PRESENTATION ON ITEM NUMBER FOUR.
UH, BEFORE, UH, I MOVE ON TO ITEM NUMBER FIVE.
I REALIZED I NEGLECTED TO ACKNOWLEDGE AND RECOGNIZE THAT WE HAVE, UH, OUR FIRE MARSHALL STEVEN TRUSDALE HERE TONIGHT, UH, WHICH I, I THINK I OUGHT TO HAVE ACKNOWLEDGED, UH, WHEN I WAS CALLING THE ROLE EARLIER.
[5. Case Number: CL 2023-119743]
I WILL CALL ITEM NUMBER FIVE ON THE AGENDA AND I DO SHOW THAT WE HAVE A, JJ YOU'LL HAVE TO FORGIVE ME.I'M HAVING DIFFICULTY READING THE HANDWRITING.
MAYBE BRINKLEY, PERHAPS BAILEY, I APOLOGIZE.
MS. BAILEY, PLEASE, IF YOU WOULDN'T YEAH, IF YOU WOULDN'T MIND HAVING A SEAT.
AND THEN, UH, WE'LL GO AHEAD AND TURN IT OVER TO THE CITY FOR THEIR PRESENTATION.
ITEM NUMBER FIVE ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY AT 1 7 0 0 BURTON DRIVE, ALSO KNOWN AS 1 5 1 6 BURTON DRIVE, ALSO KNOWN AS 1 6 0 1 ROYAL CREST DRIVE, ALSO KNOWN AS SOLARIS APARTMENTS.
TONIGHT THE COMMISSION WILL BE ADDRESSING EXTERIOR VIOLATIONS AT BUILDING E SEVEN.
THE EXHIBITS FOR THIS CASE CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS PROPERTY.
THIS IS A COMMERCIAL MULTI-FAMILY PROPERTY THAT HAS BEEN IN THE REPEAT OFFENDER PROGRAM SINCE 2014 AND CONSISTS OF 38 BUILDINGS AND 536 UNITS.
THIS CASE WAS OPENED IN MARCH, 2023 AS THE RESULT OF A COMPLAINT, THE CONDITIONS ARE SUBSTANDARD AND REQUIRE REPAIR.
THERE ARE NO ACTIVE PERMITS AT THE PROPERTY.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOF OF MAILING FOR EACH NOTICE IN THE REQUIRED POSTINGS, AND A STRUCTURE MAP OF THE PROPERTY.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS TWO A THROUGH TWO OH SHOWING THE PROPERTY AND VIOLATIONS AND THE RECOMMENDED ORDER CODE.
INSPECTOR JASON ORTIZ IS HERE TONIGHT TO PRESENT, UH, THE EXHIBIT PHOTOS FOR THIS CASE AND DISCUSS THE VIOLATIONS AS DEPICTED.
[00:45:01]
YOUR TESTIMONY.GOOD EVENING CHAIR AND COMMISSION.
MY NAME IS JASON ORTIZ AND I'M THE CODE INSPECTOR ASSIGNED TO THIS CASE.
THE CASE I AM PRESENTING TODAY IS FROM AN INSPECTION PERFORMED AT 1700 BURTON DRIVE BUILDING E SEVEN.
THIS PROPERTY IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN FOR THE LAST 10 YEARS.
THIS CASE STEMS FROM A COMPLAINT SUBMITTED TO THE, UH, SUBMITTED BY THE AUSTIN FIRE DEPARTMENT IN MARCH OF 23, WHERE THEY FOUND BRICK VENEER IN FRONT OF THE BUILDING DETACHED ALONG WITH BALCONIES THAT LOOK UNSAFE.
A PLAN REVIEW APPLICATION HAS BEEN SUBMITTED FOR THE REPAIRS, BUT RECENTLY REJECTED THROUGH THE LACK OF ENGINEERING PLANS AND OTHER REQUIREMENTS PERMITS.
SOME REPAIRS HAVE BEEN CONDUCTED ON THE BALCONIES, BUT WE DECIDED TO BRING THE CASE FORWARD BECAUSE OF THE WORKMANSHIP CONDUCTED ON THE REPAIRS ARE NOT UP TO STANDARD.
AND UNPERMITTED FIRST PHOTO, UH, PHOTO TWO A IS A, UH, SIGN IDENTIFYING THE BUILDING IN QUESTION, BUILDING E SEVEN.
NEXT, PHOTO TWO B IS A PHOTO, UH, OF DETERIORATED FASCIA THAT'S, UH, LOCATED ON THE BUILDING.
NEXT PHOTO TWO C IS A PHOTO OF THE REPAIR CONDUCTED TO ONE OF THE STRUCTURAL POSTS ON THE BACK CORNER OF THE BUILDING UNDER ONE OF THE BALCONIES.
NEXT PHOTO TWO D IS A CLOSEUP OF SAID REPAIR.
AS YOU CAN SEE, THEY HAVE THE, UH, BLOCK JUST, UH, PLACED ABOVE THE POST, WHICH IS, UH, NOT UP TO STANDARD.
NEXT PHOTO TWO E IS A PHOTO OF THE SAME POST ATTEMPTING TO BE HELD UP BY A BUNGEE CORD.
NEXT PHOTO TWO F IS A CONTEXTUAL PHOTO OF THE SECOND SET OF BALCONIES THAT ARE IN QUESTION.
NEXT, PHOTO TWO G IS A PHOTO OF THE STRUCTURAL POST, ONE OF THE STRUCTURAL POSTS THAT WERE REPLACED, UH, WITH THE WORKMANSHIP.
THAT IS, UH, NOT WITHIN STANDARDS.
TWO H UH, TWO H IS A CONTEXTUAL VIEW OF THE SECOND STORY OF THAT SAME BALCONY.
UH, YOU CAN SEE THE INTERMEDIATES ARE MISSING.
NEXT PHOTO TWO I IS A IS A THIRD SET OF BALCONIES.
UH, IT'S A ARCHITECTURAL VIEW OF, UH, REPAIRS THAT WERE MADE ON TWO OF THE STRUCTURAL POSTS.
NEXT PHOTO TWO J IS A CLOSEUP OF, UH, THE REPAIRS, UH, OF THE STRUCTURAL POSTS ON THAT CORNER, WHICH IS ALSO NOT UP TO STANDARDS.
TWO K TWO K IS A PICTURE OF THE, UH, PIER, UH, CONCRETE BLOCK THAT WAS USED TO SUPPORT ONE OF THE STRUCTURAL POSTS ON THE BACK BALCONY, UH, WHICH IS NOT STANDARD.
UH, THIS IS A, UH, VIEW OF THE THIRD STORY, UH, WHERE YOU'LL SEE THE INTERMEDIATES IN THE BALCONY, UH, ARE DETACHED, UH, LEAVING AN OPENING.
UH, THIS IS THE MIDDLE STRUCTURAL POST ON THAT SAME SET OF BALCONIES.
AS YOU CAN TELL, IT'S COMPLETELY UNLEVEL.
UH, ALONG WITH THIS YOU CAN SEE THE, UH, BICYCLES AND WEIGHTS THAT ARE ON, UH, THE BALCONY ON THE SECOND STORY, UH, WHICH IS JUST, UH, CAUSING ADDITIONAL WEIGHT AND POSSIBLE ISSUES WITH THE, WITH THE POST NEXT PHOTO.
TWO N IS A FEW OF THE CORNER POSTS ON THE SECOND BETWEEN THE SECOND AND THIRD STORY, UH, THAT SEEMED TO BE REPAIRED, UH, AND DOES NOT LOOK STANDARD AT ALL.
NEXT PHOTO, THIS IS A CLOSEUP OF THE SAME, UH, REPAIR AS YOU CAN TELL ON THE TOP OF THE POST WHERE IT'S CONNECTED TO THE THIRD STORY.
UH, IT'S JUST TOENAIL AND, UH, NOT PROPERLY INSTALLED.
UH, THAT CONCLUDES MY PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN
[00:50:01]
THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD 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 EXHIBITS TWO A THROUGH TWO O, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B REQUIRE ALL SIDED VIOLATIONS TO THE COMMERCIAL REPAIR, ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE.
C REQUEST INSPECTIONS FROM THE CITY OF BOSTON, UH, 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, AT THIS TIME THE CHAIR WILL, UH, WITHOUT OBJECTION CHAIR WILL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO.
UM, HEARING NO OBJECTION, THE EXHIBITS ARE ADMITTED.
AND, UH, NOW TO THE PROPERTY REPRESENTATIVE, UH, FIRST MAY I ASK YOU TO STATE YOUR NAME FOR THE RECORD, PLEASE? JJ BAILEY.
AND MS. BAILEY, UH, DO YOU HAVE ANY QUESTIONS FOR THE CODE OFFICIAL OR JUST ANY, UH, TESTIMONY YOU CARE TO OFFER, YOU CAN PROCEED? NO, I DO NOT AT THIS TIME.
I, I DON'T THINK I'VE BEEN WORKING WITH JASON.
UM, I GUESS I CAN GIVE TESTIMONY TO IT.
THE PERMIT THAT WAS FILED FOR THAT WAS FILED UNDER THE INCORRECT ADDRESS.
UM, THIS PROPERTY HAS FIVE ADDRESSES.
THEY FILED IT UNDER 1601 INSTEAD OF 1707 INSTEAD OF 1700.
UM, THEY'VE BEEN WORKING WITH PERMITTING TO GET THAT CORRECTED.
I THINK THEY'VE RESUBMITTED A COUPLE OF TIMES.
I DID SUBMIT FOR PERMITS FOR THIS WORK.
I HAVE BEEN WORKING WITH AN ENGINEER.
UH, WE DO HAVE DRAWINGS I WAS HOPING TO GET SUBMITTED TODAY.
UM, BUT I'M SURE THAT WE CAN HAVE THIS RESOLVED WITHIN THE NEXT 45 DAYS.
UM, MY FELLOW COMMISSIONERS, DO YOU HAVE ANY, UM, QUESTIONS FOR THE CODE OFFICIAL OR THE PROPERTY REPRESENTATIVE? UH, COMMISSIONER FRANCIS.
MS. BAILEY, DID YOU SAY THAT YOU'RE GOOD WITH THE 45 DAYS? I AM DEBIT THE 45 DAYS.
COMMISSIONER CAMPBELL? YEAH, JUST TO FOLLOW UP ON THAT, IS THERE ANY CHANGES TO THE PROPOSED ORDER THAT YOU'RE ASKING FOR? NO, NO CHANGES.
UM, I HAVE A QUESTION FOR, UM, UM, OFFICER ORTIZ OR, UM, DISTRICT MANAGER, UM, MOORE.
UM, FIRST THANK YOU FOR YOUR WORK ON THIS.
UH, ONE POINT OF JUST CLARIFICATION FOR ME, WHAT IS THE DIFFERENCE IN THE KINDS OF COMMEND RECOMMENDED ORDERS YOU PUT OUT FOR REPEAT OFFENDER PROGRAMS, PROPERTIES VERSUS, UM, NON-PE OFFENDER PROGRAMS PROPERTIES? BECAUSE WHAT I'M LOOKING AT RIGHT NOW SEEMS PRETTY STANDARD FOR ANY OTHER COMMERCIAL MULTIFAMILY THAT WE'VE SEEN THROUGH THIS COMMISSION.
DIVISION MANAGER ROBERT MOORE.
YEAH, THEY, THEY'RE, THEY ARE PRETTY STANDARD.
I MEAN, ROP HAS ITS OWN, UH, ARENA WORTH OF, YOU KNOW, REGISTRATION THAT THEY HAVE TO GET ON THIS PROGRAM AND PAY THE FINES AND, AND THINGS LIKE THAT.
OR ACTUALLY IT'S A, A REGISTRATION FEE.
UH, BUT AS FAR AS IN, IN THE BSC, WE JUST LOOK AT IT.
EITHER A COMMERCIAL OR RESIDENTIAL ROP DOESN'T PLAY TOO MUCH OF A FACTOR, UM, UNLESS THEY'RE, UM, IT'S REAL EGREGIOUS, YOU KNOW, WE'LL GO FOR A HIGHER AMOUNT AND, AND THAT'S KIND OF HOW WE, HOW WE, UH, CON UM, CONTEMPLATE THE, THE PENALTIES WE'RE LOOKING FOR.
DID YOU WANNA ADD SOMETHING THAT DIVISION MANAGER, MATTHEW NORIEGA, UH, I JUST WANTED TO MENTION THIS IS A REPEAT OFFENDER PROPERTY.
IT, IT IS A SERIOUS NATURE DUE TO THE DANGEROUS CONDITIONS ON THE PROPERTY.
WE'RE, WE'RE CONCERNED, UH, OF THE, UH, THE STRUCTURAL INTEGRITY.
YOU, AS YOU SAW, THEY WERE BOWING OUT THE, THE, THE POST, UH, SOME OF THEM ARE NOT, NOT ANCHORED CORRECTLY.
AND, AND THIS PROPERTY HAS AN EXTENSIVE, UH, HISTORY OF THE, UH, THE TYPE OF WORKMANSHIP THAT YOU SAW, THAT YOU SEE ON THE PICTURES.
SO WE WERE JUST TRYING TO GET AN ORDER THAT WOULD BE ABLE TO, AT THESE, UH, MAYBE, MAYBE SHORT UP CORRECTLY, MAYBE GET AN ENGINEER TO SEE IF THERE SHOULD EVEN BE AN EMERGENCY REPAIR DONE QUICKLY.
WE, WE, WE JUST NEED TO HAVE THIS, UH, ADDRESSED IN A TIMELY MANNER.
COMMISSIONER CAMPBELL, IT SEEMS LIKE EVERYONE IS KIND OF IN AGREEMENT, SO I WOULD MOVE TO CLOSE THE PUBLIC HEARING
[00:55:01]
AND ADOPT THE STAFF'S RECOMMENDATIONS AND PROPOSED FINDINGS BACK AND CONCLUSIONS OF LAW.OKAY, SO WE HAVE A, A MOTION TO CLOSE AND ADOPT AND IT'S BEEN SECONDED.
DID, IS THERE ANY DISCUSSION ON THE MOTION BEFORE WE CALL IT HEARING NONE? I'M GOING TO CALL THE VOTE.
COMMISSIONER ELL AYE CHAIR VOTES? AYE.
THERE BEING SEVEN AYES AND NO NAYS.
UH, SO LET ME, UH, THANK YOU MS. BAILEY, UH, FOR YOUR TESTIMONY HERE.
YOU CAN STEP DOWN AND I WILL, UH, MOVE ON TO THE NEXT ITEM.
[6. Case Number: CL 2023-128097 and CL 2023-114247]
ITEM NUMBER SIX ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY CURRENTLY ENROLLED IN THE REPEAT OFFENDER PROGRAM LOCATED AT 2 3 0 1 DERWOOD STREET, UH, LOCALLY KNOWN AS LUCERO APARTMENT HOMES.TONIGHT WE'LL BE ADDRESSING TWO BUILDINGS CONSISTING OF TWO INDIVIDUAL CASES.
THE CASE NUMBERS ARE AS FOLLOWS, CL 2023 DASH 28 97 REGARDING THE EXTERIOR OF BUILDING ONE AND CL 2023 DASH 1 42 47 REGARDING THE EXTERIOR OF BUILDING TWO STAFF EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THE COMMERCIAL, THIS COMMERCIAL MULTI-FAMILY PROPERTY IS IN THE REPEAT OFFENDER PROGRAM AND CONSISTS OF FOUR BUILDINGS AND 173 UNITS.
WE ARE ADDRESSING TWO CASES REGARDING THE EXTERIOR OF TWO OF THE BUILDINGS.
A PLAN REVIEW HAS BEEN APPROVED AND A BUILDING PERMIT IS ACTIVE.
THE STRUCTURES ARE CONSIDERED SUBSTANDARD AND UNSAFE WITH HAZARDOUS CONDITIONS.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING FOR EACH OF THE UH, REFERENCED CASES.
EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING, PROOF OF MAILING AND POSTINGS, AND A THIRD PARTY ENGINEER'S REPORT AND EXHIBITS TWO AND FOUR, WHICH CONTAIN THE COMPLAINT AND CASE HISTORIES AND THE REQUIRED NOTICES OF VIOLATION AND PROOF OF MAILING AND EXHIBITS THREE, UH, THROUGH FIVE L, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
AUSTIN CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS, UH, AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ERIC FINN AND I'M CODE INSPECTOR ASSIGNED TO THIS CASE.
THE PROPERTY BEING BOUGHT BEFORE YOU HAS A PROPERTY, UH, COMMERCIAL MULTI-FAMILY STRUCTURE LOCATED AT 23 0 1 DERWOOD STREET CONCERNING BUILDINGS ONE AND TWO.
ACCORDING TO THE TRAVIS COUNTY APPRAISAL DISTRICT, THE OWNER OF RECORD IS 2013 TRAVIS OAK CREEK LP SINCE MARCH OF 2022, THIS PROPERTY HAS BEEN REGISTERED AS A PART OF THE RENTAL REGISTRATION PROGRAM FOR REPEAT DEFENDER.
ON MARCH THE THIRD OF 2023, I CONDUCTED AN INSPECTION IN REFERENCE TO AN ANONYMOUS 3 1 1 COMPLAINT FOR BUILDING ONE AT THIS PROPERTY CONCERNING EXTERIOR, UH, ISSUES WITH, UH, OPENINGS OR HOLES TO THE CEILINGS OF THE LANDING AND WALKWAYS AT BUILDING ONE, I OBSERVED THAT THE EXTERIOR OPENINGS TO THE LANDING AND WALKWAYS OF THE, THE AREAS, UH, THROUGHOUT CERTAIN FLOORS AT BUILDING ONE, UM, INCLUDING ADDITIONAL SUPPORT BEAMS, UH, HAD SUSTAINED, UH, CERTAIN, UH, DAMAGE CONCERNING OPENINGS TO THE CEILING, UH, CRACKS TO THE LANDING OR SUCCO FASCIA, UH, THROUGHOUT THIS BUILDING LOCATED BY UNITS 13 0 8 14 0 8 AND 15 0 8 NEAR THE ELEVATORS.
ADDITIONALLY, ON AUGUST OF TWO AUGUST 17TH, 2023, I CONDUCT AN INSPECTION WAS CONDUCTED AT 23 0 1 DERWOOD STREET AT BUILDING TWO TO THE LANDINGS AND WALKWAYS AT BUILDING TWO AND SPECIFICALLY THE FOURTH FLOOR.
AND SOME OF THE SAME ISSUES WERE DISCOVERED IN, IN THIS AREA BY AN ELEVATOR AT BUILDING TWO.
UH, THE REASON WE ARE BRINGING THIS CASE BEFORE YOU TODAY IS THAT ALTHOUGH, UH, STRIDES HAVE BEEN MADE TO OBTAIN AN EMERGENCY PERMIT AS WELL AS A BUILDING PERMIT IN REFERENCE TO SHORING AND REPAIRING THESE AREAS,
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THE WORK HAS NOT BEEN COMPLETED.I WILL NOW PRE START WITH MY PRESENTATION AND PHOTOGRAPHS ON, UH, BUILDINGS ONE AND TWO THREE A IS JUST CONTEXTUAL VIEWS SHOWING, UH, THE LOCATIONS WHERE DERWOOD STREET IS LOCATED OFF OF WEST OTTAWA STREET, UH, TO THE LEFT, THAT'S JUST A STREET SIGN IDENTIFYING THE ENTRANCE AND THE SIGN LOCATED ON ONE OF THE, UM, STEPS AT THE PROPERTY.
NEXT EXHIBIT THREE B IS JUST A CONTEXTUAL VIEW OF BUILDING ONE AND TWO AT THE PROPERTY.
TAKEN ON OCTOBER THE 11TH OF 2023.
NEXT EXHIBIT OFF OF WILSON STREET AND THE INTERSECTION OF WEST OAK
AND THOSE ARE JUST CONTEXTUAL VIEWS OF THE STREET SIGN AND THE SIGN POSTED AT THE REAR.
NEXT EXHIBIT THREE D IS JUST ANOTHER CONTEXTUAL VIEW SHOWING THAT BACK, THAT REAR ENTRANCE PARKING LOT TO THE PROPERTY.
NEXT EXHIBIT THREE, THREE E IS JUST ANOTHER CONTEXTUAL VIEW OF, OF BUILDING ONE FROM DIRTWOOD STREET.
NEXT EXHIBIT, THIS IS JUST A CONTEXTUAL VIEW OF THE THIRD FLOOR BY UNIT 13 0 8.
NEXT EXHIBIT, THIS IS A CONTEXTUAL VIEW BACK FROM THE DOOR AT BUILDING 13, CORRECTION UNIT 13 0 8.
THAT SHOWS WHERE, UH, THE WOOD PILLARS ARE AND THOSE PILLARS ARE THERE FOR, UH, SHORING TO SUPPORT THE LANDING THERE.
NEXT EXHIBIT, THIS IS JUST A CLOSEUP VIEW, UH, JUST CLARIFYING WHAT THOSE POSTS LOOK LIKE NEXT.
EXHIBIT THREE I IS JUST A DIFFERENT VIEW FROM THE RIGHT SIDE TOWARDS THE ELEVATOR OF THE SAME AREA WHERE REPAIRS WERE CONDUCTED, UH, TO THE CEILING SOFFIT AND SHOWING WHERE THE THREE POSTS ARE, UH, SUPPORTING THE LANDING THERE.
NEXT EXHIBIT, THIS IS JUST A CONTEXTUAL VIEW BY ANOTHER UNIT WHERE THE CEILINGS HAS BEEN EXPOSED SHOWING SOME WATER STAINS.
NEXT EXHIBIT THREE K IS JUST ANOTHER CONTEXTUAL VIEW SHOWING THE OTHER SIDE OF THE SUPPORT BEAMS, UH, USED TO SUPPORT THE LANDING THERE.
NEXT EXHIBIT THREE L IS JUST A CONTEXTUAL VIEW, WHICH SPANS FROM THE FOURTH FLOOR UP TO THE FIFTH AND SIXTH FLOOR, SHOWING THAT THE AREA, UH, BY THE ELEVATOR WHERE SHORING BEAMS HAVE BEEN USED TO SUPPORT THE LANDINGS.
NEXT EXHIBIT, JUST A CONTEXTUAL VIEW.
THREE N IS JUST ANOTHER CONTEXTUAL VIEW OF THE AREA BY THIR BY 14 0 8 RATHER SHOWING, UH, AGAIN, SUPPORT BEAMS, UH, TO THE LANDING THERE.
NEXT EXHIBIT THREE OH IS JUST SHOWING MORE EXPOSED CEILINGS WHERE, UM, THERE ARE WATER STAINS.
NEXT EXHIBIT THREE P IS JUST A CONTEXTUAL VIEW SHOWING THE OTHER SIDE OF THE SAME PILLARS WHERE, UH, REPAIRS WERE MADE TO THE CEILING SOFFIT, HOWEVER THE PILLARS WERE USED WERE SET UP THERE TO SUPPORT THE LANDING.
NEXT EXHIBIT, THIS IS A CONTEXTUAL VIEW.
THREE Q ROUTER IS A CONTEXTUAL VIEW OF THE LANDING.
AND YOU'LL NOTE, UM, THE DEGREE TO WHICH THERE IS SEPARATION TO THE STUCCO FASCIA TO THE SIDE THERE AS WELL AS, UH, UNDERNEATH TO WHERE ONE OF THE, UH, WOOD BEAMS ARE SUPPORTING THE LANDING.
NEXT EXHIBIT, THIS IS JUST A THREE R'S, A CLOSEUP VIEW OF THE SAME AREA.
NEXT EXHIBIT THREE S IS JUST A CONTEXTUAL VIEW WHERE I'M USING A LEVEL JUST TO SHOW THE UNEVENNESS OF THE WALKWAY THERE.
THIS IS JUST A CLOSEUP VIEW OF THE SAME LEVEL SHOWING THE UNEVENNESS.
UH, THIS IS CLOSER TO THE RAIL HERE IN THIS, UH, EXHIBIT SHOWING THE UNEVENNESS, UH, IN THE WALKWAY THERE.
NEXT EXHIBIT, UH, THIS IS BY THREE V IS BY THE ELEVATOR ON THE FIFTH FLOOR.
UH, YOU'LL NOTE THE OPENING IN THE CEILING THERE.
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EXHIBIT THREE W SHOWS WOOD TRUSSES, UH, THAT HAVE SUSTAINED SOME DAMAGE DUE TO WATER INTRUSION.WE'RE MOVING ON TO BUILDING TWO.
THESE ARE JUST CONTEXTUAL VIEWS IDENTIFYING, UH, BUILDING TWO AND THE WALKWAY BETWEEN BUILDINGS ONE AND TWO.
NEXT EXHIBIT FIVE B, JUST SHOWING THE LOCATION WHERE WE'RE AT, UH, BY UNIT 24 0 1, GOING TOWARDS THE WALKWAY IN THE MIDDLE.
NEXT EXHIBIT, NEXT EXHIBIT FIVE C.
JUST FIVE C IS, UH, ANOTHER CONTEXTUAL VIEW COMING FROM THE SIDE OF BUILDING ONE FROM THE SOUTH, UH, GOING NORTH TOWARDS THE ELEVATOR THERE TOWARDS THE PILLAR.
NEXT EXHIBIT FIVE D IS JUST SHOWING A REPAIR THAT WAS CONDUCTED, UH, TO THE CEILING SOFFIT THERE.
NEXT EXHIBIT FIVE E IS ANOTHER CONTEXTUAL VIEW NORTH BY THE ELEVATOR SHOWING THE PILLAR, UM,