[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, OF THE SAME AREA.
NEXT EXHIBIT FIVE F IS A CONTEXTUAL VIEW SHOWING, UH, THE CEILING SOFFIT AGAIN, AND YOU'LL NOTE THERE'S CRACKING TO THE PILLAR, UM, WHERE THE REPAIRS WERE CONDUCTED, UH, ON THE SOUTH SIDE AND GOING NORTH TOWARDS THE, UH, CEILING LIGHT.
NEXT EXHIBIT FIVE G IS JUST AN CONTEXTUAL VIEW SHOWING A LEVEL USED IN FRONT OF THE ELEVATOR TO, UH, SHOW THE UNEVENNESS IN THE FLOOR.
NEXT EXHIBIT, THIS IS JUST A CLOSEUP VIEW SHOWING A LEVEL.
I JUST IS JUST A CLOSEUP OF THE SAME LEVEL CLOSER TO THE HAND OR GUARDRAIL IN FRONT OF THE ELEVATOR SHOWING THE UNEVENNESS OF THE FLOOR IN THIS AREA.
NEXT EXHIBIT ON THE OTHER SIDE OF THE PILLAR, GOING BACK TOWARDS THE WALKWAY GOING SOUTH TOWARDS, UH, CORRECTION GOING, UM, YES, SOUTH TOWARDS THE WALKWAY TOWARDS BUILDING ONE USING THE SAME LEVEL.
NEXT EXHIBIT, THIS IS JUST A CLOSEUP VIEW OF THE LEVEL, UH, CLOSE TO THE GUARDRAIL SHOWING THE UNEVENNESS IN THE WALKWAY THERE.
NEXT EXHIBIT FIVE L IS JUST A CONTEXTUAL VIEW SHOWING MORE CRACKING TO THE PILLAR, UM, GOING NORTH TOWARDS THE, UH, CEILING LIGHT AS WELL AS THE, UH, EXIT SIGN THERE.
NEXT EXHIBIT, ENCLOS, OH, GO AHEAD.
IN CLOSING, I JUST WANT TO SAY, UH, THEY'VE WORKED DILIGENTLY, UH, TO GET AN EMERGENCY PERMIT AS WELL AS A BUILDING PERMIT TO FURTHER, UM, HELP IMPROVE THESE AREAS.
HOWEVER, OUR THING IS THAT THE WORK HAS NOT BEEN COMPLETED.
MATTHEW NORTY, AIR DIVISION MANAGER FOR REPEAT OFFENDER PROGRAM, I WANTED TO MENTION THAT THIS PROPERTY WAS BUILT IN 2017 AND WE'RE SEEING, UH, QUITE A BIT OF THE, THE INSTRUCTIONAL INTEGRITY OF THE BUILDINGS BEING COMPROMISED DUE TO WATER INTRUSION.
AND ON THAT BUILDING ONE, AS YOU ME, AS, AS WE SAW THAT THEY HAVE, UH, UH, SHORT AND AND TEMPORARY SHORT EMBRACE THAT WE WERE WAITING FOR THE PLANAR VIEW AND THE BUILDING PERMIT TO BE FINAL TO DETERMINE IF THAT WAS THE SHORING IS, IS APPROPRIATE FOR THE, FOR THE, THE LANDINGS AND FOR THE WALKWAYS.
UH, ONE POINT THAT I WANTED TO MENTION THAT WAS FROM BUILDING ONE TO TWO, WHERE YOU SAW THE DROP OFF.
WE, WE DO NOT HAVE AN ENGINEER REPORT YET, BUT WE, WE FEEL THAT THAT'S ALSO GOING TO BE, OR IT'S GONNA, IT ALSO SHOWS THE SAME TYPE OF, UH, STRUCTURAL INTEGRITY THAT IS STARTING TO FAIL IN THAT BUILDING ONE TO TWO.
SO WE WERE TRYING TO GET AN ORDER ON, ON THAT TO BE ABLE TO GET AN ENGINEER REPORT ON, UH, ON IT, THE STRUCTURAL INTEGRITY OF THAT BUILDING.
ONE AND TWO, THAT WALKWAY, IT'S GOING IN BETWEEN THOSE TWO BUILDINGS.
THERE ARE OTHER, WE, WE RECEIVED ENGINEER REPORTS ON THE PROPERTY AND THERE'S QUITE A BIT OF WATER INTRUSION THROUGHOUT THE WHOLE COMPLEX, BUT, UH, WE HAVE NOT, UH, RECEIVED, WE HAVE NOT SEEN THE, THE TYPE OF, UH, DAMAGE THE WAY, UH, THESE BU BUILDING ONE AND TWO.
UH, WE HAVE, UH, THAT WE HAVE INSPECTED BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD AND UNSAFE WITH HAZARDOUS CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH FIVE L CONSISTING OF EXHIBITS ONE, TWO, AND FOUR, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND EXHIBITS MARKED AS
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THREE A THROUGH THREE W AND FIVE A THROUGH FIVE L, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.BECAUSE THE, I WOULD LIKE TO MAKE A REQUEST BECAUSE THE TWO ORDERS ARE ESSENTIALLY THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING TWO SEPARATE ORDERS.
WE'LL GO AHEAD AND GRANT THAT REQUEST.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW.
AND IN BOTH CASES, 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, REPAIR ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY 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 $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE AND SWISH SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND THAT THE CITY CONCLUDES ITS PRESENTATION.
AT THIS TIME, UH, THE CHAIR WILL ADMIT EXHIBITS ONE THROUGH FIVE L UH, CONSISTING OF EXHIBITS ONE, TWO, AND FOUR, AND EXHIBITS MARKED THREE A THROUGH THREE W AND FIVE A THROUGH FIVE L.
IS THERE OBJECTION, HEARING NONE.
I SHOW THAT WE HAVE, UH, THREE PEOPLE REGISTERED TO TESTIFY.
DO I HAVE A, A JOSEPH NEIL AND A CHRISTIE NEIL AND AN ALFREDO RAMOS.
UH, UH, HAVE YOU, OKAY, VERY GOOD.
UH, WHO WOULD CARE TO BEGIN? I WOULD, OKAY.
UM, MS. NEAL, DO YOU WANNA GO AHEAD? GO AHEAD AND PLEASE JUST, UH, STATE YOUR NAME FOR THE RECORD? MY NAME IS CHRISTIE NEAL.
I'M THE REGIONAL PROPERTY MANAGER THAT OVERSEES LUCERO APARTMENTS.
AND IF YOU HAVE ANY QUESTIONS FOR THE CODE OFFICIALS OR IF YOU'D JUST LIKE TO OFFER TESTIMONY, UH, YOU MAY PROCEED.
I WOULD LIKE TO OFFER TESTIMONY FIRST.
UM, I, IN, I ACQUIRED LUCERO APARTMENTS IN DECEMBER OF 2020, UM, TWO AS THE REGIONAL PROPERTY MANAGER.
UM, SINCE TAKING OVER THIS PROPERTY, UM, I INHERITED A LOT OF VIOLATIONS AND DEFICIENCIES WITH THE CODE, AND I HAVE BEEN WORKING DILIGENTLY TO BRING THEM, UM, UP TO CODE AND GET OUT OF THE, UM, REPEAT OFFENDERS PROGRAM.
UM, I'M TRYING TO STAND COMPLIANCE.
I AM THE ONE WHO ACTUALLY BOUGHT THIS TO THE OWNER, UM, BECAUSE I HAD, THERE WERE LANDINGS UNDERNEATH THAT REPAIRS I HAD REPAIRED FIVE TIMES, WHICH ERIC CAN ATTEST TO THAT.
AND IT JUST KEPT GETTING WATER DAMAGE.
AND SO AT THAT POINT, I, UM, INFORMED THE OWNER THAT, HEY, WE MUST HAVE A BIGGER PROBLEM GOING ON BEFORE, UM, THIS WAS IN MARCH OF 2023 WHEN I NOTICED SOMETHING WAS, UM, KIND OF HAPPENING.
AND SO I AM ON THE PROPERTY WEEKLY.
I AM BEING, YOU KNOW, I'M INVOLVED, I DO THE INSPECTIONS.
UM, TAKING OVER THIS PROPERTY, THERE WERE PROBABLY 10 TO 12 PAGES OF DEFICIENCIES THAT HAD BEEN FOUND PRIOR TO MY MANAGEMENT.
UM, AND SO, UH, I'M WAITING ON ERIC TO PROVIDE ME WITH AN UPDATED LIST NOW BECAUSE WE'VE EVEN CLOSED OUT MORE.
BUT, UM, EVERY DAY ERIC IS THERE AND HE'S FINDING MORE.
AND SO IT'S KIND OF HARD TO KEEP UP WITH, UM, THE THINGS THAT ARE TAKING PLACE ON THIS PROPERTY.
AND SO TO THE SHORINGS, UM, ONCE IT WAS BOUGHT TO THE OWNER'S ATTENTION, THERE HAVE BEEN SEVERAL, UM, ENGINEERS OUT THERE.
UM, WE GOT AN ENGINEER LETTER.
THE, THE BIG PROBLEM IS RELOCATING THE RESIDENTS OUT OF THREE BUILDINGS.
YOU HAVE TO FIND TEMPORARY HOUSING, UM, WHETHER IT BE AN AIRBNB OR A HOTEL THAT CAN HOUSE THAT MANY RESIDENTS AT ONE TIME, BECAUSE YOU HAVE TO, YOU'RE GONNA HAVE TO REPAIR THE WHOLE LANDINGS.
AND I THINK THAT'S THE STAGE THAT WE'RE AT.
NOT ONLY ARE WE TRYING TO FIND A SUITABLE, UM, OPTION FOR THE RESIDENTS BECAUSE THERE ARE CHILDREN INVOLVED, UM, YOU HAVE TO THINK ABOUT THE SCHOOLS, YOU HAVE TO THINK ABOUT THE FAMILIES THAT ARE, YOU ARE DISPLACING, UM, AND HAVE A VIABLE PLAN.
UM, WE DID HAVE A-U-P-C-S INSPECTION WITH T-D-H-C-A.
I SCORED A 92, WHICH IS VERY HIGH.
UM, SAYING TO, TO HAVE ALL THESE DEFICIENCIES, UM, WE HAD A REACT INSPECTION WITH HUD.
I SCORED A 94, UM, WHICH AGAIN IS VERY GOOD.
MY, MY WHOLE THING HERE TODAY IS TO SAY THAT WE ARE TRYING, I AM IN COMPLIANCE, BUT WITH AN OFFICER THAT IS SHOWING UP DAILY,
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FINDING THINGS, CONTACTING THE RESIDENTS, UM, AND ASKING THEM, HEY, WHAT'S GOING ON? INSTEAD OF SENDING THEM TO THE OFFICE, THEY'RE NOT GOING TO THE OFFICE.THEY'RE GOING STRAIGHT TO CODE ENFORCEMENT.
A LOT OF THESE THINGS WE DON'T KNOW UNTIL ERIC IS EITHER ON PROPERTY SPEAKING TO THE RESIDENT AND OR WE GET AN EMAIL.
AND I, I'M JUST, I'M, I, YOU KNOW, I'M TRYING TO SCRATCH MY HEAD ON THIS SITUATION BECAUSE I'M TRYING TO BE AS DILIGENT AS POSSIBLE, UM, WITH THESE SHORINGS AND THE LANDINGS, IT IS, IT'S, IT'S CRITICAL AND IT IS CRITICAL FOR ME AS THE REGIONAL MANAGER AND TO THE STAFF.
AND, AND SO I JUST, UM, I KNOW THEY GOT THE TEMPORARY PERMITS.
I KNOW THAT WE'RE WORKING ON A PERMANENT SOLUTION.
UM, BUT WE JUST, I, I'M ASKING FOR A LITTLE BIT MORE TIME AND OR THE CONSIDERATION TO WHERE WE HAVE BOUGHT THE PROPERTY FROM DECEMBER OF 2022 TO WHERE WE ARE TODAY, UM, AND HOW WE CONTINUE TO MAKE DAILY PROGRESS.
AND I DID BRING OUR MAINTENANCE GUYS THAT HAVE KNOCKED OUT A LOT OF THESE DEFICIENCIES, FIXED A LOT OF THE REPAIRS, UM, THE HVAC AND THE WIRING AND A LOT OF THE LEAKS THAT ARE OUT THERE TO ATTEST TO THE WORK THAT WE'RE DOING.
WE'RE OUT THERE TILL NINE, 10 O'CLOCK AT NIGHT.
UM, BUT WE CAN'T, IF, IF, IF THE LITTLE THINGS THAT ARE NOT BEING REPORTED TO US, UM, AND GIVING US TIME TO CURE BEFORE GOING TO CODE, AND THEN IT BEING ROLLED UP, IT, IT'S A LITTLE BIT FRUSTRATING FOR US ON THIS END.
UH, DO YOU, DO THE GENTLEMAN AND ACCOMPANY YOU WISH TO TESTIFY AS WELL, OR ARE THEY JUST HERE AS RESOURCE? NO, I WOULD JUST LIKE TO SAY, DO YOU WANT BEFORE YOU BEGIN, I'M SORRY, CAN I JUST HAVE YOU STATE YOUR NAME FOR THE RECORD PLEASE, SIR.
I'M A, UH, MAINTENANCE SUPERVISOR.
AND I WOULD JUST LIKE TO SAY THAT WE ARE WORKING REALLY HARD AT FIXING ALL THE DEFICIENCIES THAT'S GOING ON.
UH, LIKE SHE STATED, WE STAY OVERTIME, WE WORK DILIGENTLY ON REPAIRING EVERYTHING.
UH, BUT IT'S KIND OF HARD WHEN YOU JUST KEEP HAVING SMALL THINGS COME UP WITHOUT NOTIFYING US AND, YOU KNOW, JUST TO ADD WHAT SHE SAY, WE ARE, YOU KNOW, MOVING FORWARD AND TRYING TO GET EVERYTHING TAKEN CARE OF.
DID YOU WISH TO TESTIFY, SIR? THERE SHOULD BE ANOTHER, UM, OKAY.
I'M NOT, UH, TOO MUCH ENGLISH, BUT, UH, I'M TRY.
UH, WELL, I'M, I'M WORKING IN, IN, UH, APARTMENTS, UH, LUC APARTMENTS AND, UH, WE WORKING HARD, LIKE IT'S TRUE THE SAME.
THEY, THEY, THEY TOOK AND, UH, WE WORKING, UH, WE, WE TRY FIX IT EVERYTHING.
WE FIX IT A LOT, A LOT LEAKS, AND, UH, WE REPAIR, UH, ALL THE FANS, LIKE, UH, WE TRY FIX EVERYTHING.
AND SO DOES THAT, UH, CONCLUDE YOUR, CONCLUDE YOUR TESTIMONY? UM, YEAH, I WOULD JUST LIKE TO CONCLUDE TO SAY, UM, ERIC, HE KNOWS WE'VE BEEN WORKING VERY, VERY HARD AND ERIC, UM, YOU KNOW, WE HAVE A GREAT RELATIONSHIP.
UM, I, I WILL ATTEST TO PRIOR TO MY MANAGEMENT, YOU KNOW, UM, DURING COVID GETTING PEOPLE IN PLACE, IT WAS REALLY HARD TO FIND GREAT STAFF AND MANAGEMENT.
AND SO THINGS WERE FALLING TO THE WAYSIDE.
UM, HERE SINCE UNDER MY LEADERSHIP, WE HAVE GREAT MAINTENANCE.
AND AGAIN, WE JUST HAVE BEEN VERY, VERY DILIGENT.
I UNDERSTAND THIS, THIS, UM, LANDING AND THE SHORING, IT IS VERY IMPORTANT AND WE, IT IS THE NUMBER ONE PRIORITY ON MY LIST.
UM, AND I, IT HAS MY FULL ATTENTION.
AND SO WE'RE JUST TRYING TO MOVE IT ALONG AS QUICKLY AS POSSIBLE WHILE KEEPING FAMILIES.
UM, I'M A MOTHER OF SEVEN AND SO I KNOW IF I HAD TO RELOCATE MY SEVEN CHILDREN AND HAD TO, I HAVE ONE IN MIDDLE SCHOOL, ONE IN ELEMENTARY, AND ONE IN HIGH SCHOOL, THAT'S GONNA BE VERY HARD FOR ME, UM, AS A MOTHER AND THEN TO ADD A, AS A SINGLE MOTHER.
AND SO THAT HAS BEEN THE FEEDBACK FOR SOME OF THOSE RESIDENTS, UM, OUT THERE.
SO JUST TRYING TO HAVE A VIABLE PLAN BEFORE TEARING UP THE LANDINGS AND THEN WE DON'T HAVE A PLAN, UM, THAT THAT WOULD BE, UM, DETRIMENTAL NOT TO THE FAMILIES OUT THERE.
AND THEN BEFORE I TURN TO MY, UH, FELLOW COMMISSIONERS HERE, I UNDERSTAND, UH, YOU HAVE SUBMITTED, UH, EXHIBITS AS WELL.
I, I SHOW WE HAVE THEM IN OUR PACKET.
I GUESS, UH, THE PROCEDURE FOR THAT IS JUST, UH, I'LL GO AHEAD AND WITHOUT OBJECTION, I'LL ADMIT THE PROPERTY REPRESENTATIVE'S EXHIBITS FOR CONSIDERATION.
IS THERE ANY OBJECTION? OKAY, THEN, UH, HEARING NONE, THOSE ARE ADMITTED.
UH, SO, UH, WE'RE GONNA GO AHEAD AND GO TO OUR FELLOW COMMISSIONERS FOR DISCUSSION NOW.
UH, GO AHEAD AND YOU'RE FREE TO STEP DOWN IF YOU'D LIKE, BUT WE, THERE MAY BE QUESTIONS FROM THE COMMISSIONERS,
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SO IF, IF YOU WOULDN'T MIND, JUST, JUST STAY NEARBY.AND DOES ANYBODY HAVE ANY, AH, WE HAVE, UH, I DON'T KNOW WHO WAS FIRST, SO I'LL GO TO COMMISSIONER.
YEAH, SO THIS IS JUST A QUESTION FOR THE PROPERTY, UM, REPRESENTATIVES, UH, WE GENERALLY SPEAKING, HAVE A RESTRICTION ON JUST HOW LONG WE CAN IMPOSE AN ORDER BEFORE FEES START TO KICK IN.
UM, PERSONALLY I'M INCLINED TO EXTEND THAT TO THAT FULL 90 DAYS.
UM, THAT BEING SAID, THE FINES ARE TYPICALLY, UM, TO MY UNDERSTANDING AND, AND SOMEBODY CAN CORRECT ME IF I'M WRONG, BUT THIS HAS BEEN SOMETHING WE'VE DISCUSSED BEFORE.
UM, THE FINES ARE TYPICALLY WERE ATTRACTED TO THE DEGREE THAT, UM, MONEY IS PUT IN FOR THE SPECIFIC REPAIRS.
SO IN THAT REGARD, WOULD YOU SEE ANY PARTICULAR DIFFICULTY? UM, DO YOU THINK THAT IT'S FEASIBLE TO GET THESE DONE WITHIN THAT 90 DAY TIMEFRAME PLUS HOWEVER MUCH WOULD BE AVAILABLE GIVEN THAT A THOUSAND DOLLARS PER WEEK PENALTY? I THINK IT'S, UM, EXCUSE ME, I THINK IT'S FEASIBLE TO START THE PROCESS.
'CAUSE AGAIN, YOU HAVE TO RELOCATE, YOU HAVE TO PUT THE RESIDENTS BACK, AND THEN YOU HAVE TO RELOCATE THE NEXT BUILDING.
SO, UM, IN MY EXPERIENCE, DEALING WITH ANOTHER PROPERTY THAT WE HAD TO KIND OF HAVE THIS SITUATION, UM, NOT ALL THE RESIDENTS WANNA COMPLY.
NOT ALL THE RESIDENTS WANNA MOVE.
YOU HAVE AN ELDERLY, UM, THAT GIVE YOU PUSHBACK AND YOU TRY TO, YOU HAVE TO GET THEM TO, UM, COOPERATE WITH YOU.
UM, SO I, YES, I, IT'S NOT A FINANCIAL ISSUE WHETHER THE MONEY IS THERE OR NOT TO DO THE PROJECT, IT'S JUST MORE OF THE PLANNING.
SO I THINK THE 90 DAYS, YES, UM, BUT IT, IT HAS TO BE DONE IN STAGES, WHICH YOU HAVE THREE BUILDINGS INVOLVED.
UM, AND EACH BUILDING YOU HAVE SIX FLOORS AND YOU HAVE ABOUT 40 UNITS.
UM, AND SO MOVING THEM AND GETTING THEM BACK AND THEN MOVING THE NEXT SET, I THINK WILL TAKE A LITTLE BIT LONGER THAN 90 DAYS BECAUSE THEN YOU HAVE TO CONSIDER THE WORK THAT HAS TO BE DONE.
UM, SO I THINK THAT, UM, YES, WE ABSOLUTELY PLAN TO START IT WITHIN THOSE 90 DAYS, BUT I THINK THAT, UM, COMING HERE AND GIVING PROGRESS AND GIVING UPDATES AND SHOWING PICTURES TO WHERE WE ARE, I THINK THAT WILL BE, UM, VERY BENEFICIAL.
AND THEN I BELIEVE, UH, COMMISSIONER OLUGO, THIS WAS A QUESTION FOR COUNSEL.
IF SOMEONE PREFERS TO TESTIFY IN ANOTHER LANGUAGE, SINCE A COMMISSIONER OR SOMEONE PRESENT HAS THE CAPABILITIES TO UNDERSTAND OR TRANSLATE THAT LANGUAGE, IS IT, 'CAUSE I KNOW COUNSEL HAS TO PROVIDE TRANSLATION SERVICES.
DO WE ALSO, ARE WE ALSO OBLIGATED OR IS IT RECOMMENDED THAT WE, UM, ACCEPT TESTIMONY, WHATEVER LANGUAGE WORKS BEST FOR THE, UH, FOLKS FOR THE WITNESSES? SO TYPIC, UH, SONIA HERRERA, ASSISTANT CITY ATTORNEY.
UH, SO TYPICALLY WE RECOMMEND THAT THERE USUALLY BE A THIRD PARTY WHO IS NOT ON THE COMMISSION OR WHO IS NOT A STAFF MEMBER, BE HERE TO TRANSLATE.
UM, AND SO THAT'S NORMALLY WHY WE SAY IF TRANSLATION IS NEEDED, YOU KNOW, WE'D APPRECIATE SOME ADVANCED NOTICE.
AND REALLY THAT'S JUST TO PROTECT THE INTEGRITY OF THE PROCEEDING TO MAKE SURE THAT THERE, YOU KNOW, IT'S, IT'S CLEAR THAT THERE IS NO ONE WHO IS MISTRANSLATING ANYTHING.
UM, SO I WOULD CAUTION AGAINST HAVING, UH, MR. RAMOS SPEAK IN SPANISH.
UM, EVEN THOUGH I UNDERSTAND THAT THAT IS HIS, HIS PRIMARY LANGUAGE ONLY BECAUSE I'M NOT SURE THAT WE WOULD BE ABLE TO GET A TRANSLATOR.
UM, YEAH, I MEAN, I SPEAK HERE RIGHT AWAY, BUT I COULD JUST SAY WHATEVER, RIGHT? YES, EXACTLY.
SO I, I WOULD DEFINITELY CAUTION, UH, AGAINST THAT.
COMMISSIONER FRANCIS, MY QUESTION'S FOR STAFF.
SO I'M LIKE, YOU GREATLY CONCERNED ABOUT WHAT I SEE IN TERMS OF THAT STRUCTURAL INTEGRITY WITH SOME OF THOSE PICTURES WITH THE FRAMING AND THE WATER PENETRATION THAT'S GOING ON.
BUT I'M SEEING THOSE STRUCTURES OF BEAMS THAT ARE PUT IN PLACE TO HOPEFULLY ADD THAT INTEGRITY TO, TO THOSE LANDINGS.
TELL ME AGAIN WHAT YOUR POSITION ARE AS IN TERMS OF THE SEVERITY OF THE SITUATION, RIGHT.
IF, IF YOUR RECOMMENDATION IS, I THINK THE 45 DAYS, THAT DOES SPEAK TO SOME SENSE OF URGENCY, BUT PERHAPS MAYBE THAT NEEDS TO BE, UH, WHILE I UNDERSTAND THEIR POSITION AS WELL, BUT ULTIMATELY SAFETY IS PRIMER TO THE ACTION THAT, SO I JUST WANT THE COMMISSIONERS TO BE CLEAR ON WHAT, HOW YOU GUYS FEEL LIKE, HEY, WHAT THEY'VE GOT THERE WORKS TEMPORARILY OR THAT'S A TRAIN WRECK WAITING TO HAPPEN.
THE, UH, DOES THAT MAKE SENSE? THE REPAIRS THAT HAVE BEEN DONE, THE TEMPORARY REPAIRS HAVE BEEN, ACCORDING TO THE ENGINEERED DRAWINGS, WHAT WE NEED IS FOR THE BUILDING, UH, PERMIT TO BE FINALED.
[01:25:01]
EVERY, THE, THE REPAIRS, THE, THE STRUCTURAL, UH, THE SHORING, THE TEMPORARY SHORING AND BRACING IS, HAS DONE, HAS BEEN DONE CORRECTLY.UH, THE SPANDREL BEAM IS THE ONE THAT HAS DETERIORATED AWAY.
IT'S A TWO BY 12 THAT HAS, IT SUPPORTS THOSE TRUSTS.
AND, AND THAT'S WHERE THE ISSUE IS.
BUT THE WAY THEY HAVE SHORTED IT, IT IS ACCORDING TO THE ENGINEER DRAWING.
BUT WE NEED TO CONFIRM IT THROUGH A BUILDING INSPECTION AND FINAL THAT OUT.
SO THERE'S NO PENDING LIABILITY THERE.
WE, WE, FROM WHAT WE KNOW, EVERYTHING SEEMS TO BE STABLE FROM WHAT WE KNOW.
THERE, THERE IS A BUILDING PERMIT THAT HAS BEEN OBTAINED AND, AND INSPECTIONS.
THAT CAN BE CALLED INTO TO FIND THAT REPAIR.
QUESTION FOR MS. NEIL, UM, I THINK PROPERTY CODE IS, AND I DO WHAT YOU DO, IT'S PRETTY CLEAR ABOUT HEALTH AND SAFETY STANDARDS, RIGHT? AND LEASE AGREEMENTS AND THAT SORT OF THING, AND IMPLEMENTING THAT SORT OF TERMINATION OF THE LEASE AGREEMENTS.
WHILE I UNDERSTAND THAT THAT CAN BE A VERY PAINFUL PROCESS, DOES WOULD SEEM LIKE THIS MIGHT RISE TO THAT LEVEL.
WHAT DO YOU THINK? UM, WITH A PORTABLE HOUSING IN HUD, YOU CAN'T JUST TERMINATE A LEASE.
IF THERE IS A PROJECT LIKE THIS, YOU HAVE TO, UM, PROVIDE VIABLE HOUSING.
UM, WHICH WOULD BE A HOTEL EXTENDED STAY OR AN AIRBNB WHERE THEY HAVE, UM, WATER, UM, COOKING, UM, AIDS, THE STOVE REFRIGERATORS AND THINGS LIKE THAT.
UM, WHETHER IT BE LONG TERM, I HAVE A SITUATION AT ANOTHER PROPERTY RIGHT NOW, UM, THERE WAS A ROOF LEAK.
I'VE HAD A RESIDENT IN A HOTEL RIGHT NOW FOR ABOUT A MONTH INTO WHY WE ARE MAKING THOSE REPAIRS BECAUSE THEY, ALTHOUGH THEY HAVE BEEN REPAIRED, UM, I DON'T, WE DO A WATER TEST AND UNTIL IT IS A HARD RAIN, I DON'T KNOW IF THEY'RE PROPERLY REPAIRED.
'CAUSE RUNNING A WATER HOSE OVER THE, UM, YOU KNOW, JUST DOESN'T SHOW THAT.
AND SO, UM, WE DID A WATER TEST, IT WAS GREAT, AND THEN WE HAD A HEAVY RAIN AND I WENT IN AND THERE WAS WATER STAINS AND SO I HADN'T BOUGHT HER BACK YET.
SO THIS IS KIND OF LIKE, UM, WHAT WE'RE DEALING WITH.
WE CAN'T TERMINATE THE LEASE, UM, BUT WE CAN PROVIDE THEM WITH SUBSTITUTE HOUSING.
WELL, I APPLAUD THAT YOUR CONTINUING EFFORTS, AND THAT'S GOTTA BE EXTREMELY AGGRAVATING TO CONTINUE TO JUST HAVE MORE THINGS TO FIX.
AND I WOULD FIND THAT TO BE BRAIN NUMBING AS WELL, BUT WE'VE KIND OF PAINTED A PICTURE THAT'S A NO WIN.
YOU'RE BASICALLY SAYING YOU NEED 90 DAYS JUST TO EVEN START THE PROCESS, BUT WE CAN'T GIVE YOU ANYTHING FURTHER THAN THAT.
NO, I SAID WE ARE GONNA START WITHIN THAT 90 DAYS, BUT IT'S GOING TO EXCEED UNTIL IT'S COMPLETED 90 DAYS.
THE, UM, ENGINEER SAID IT NORMALLY TAKES BETWEEN, UM, SIX TO 12 MONTHS, UM, TO COMPLETE A JOB LIKE THIS WITH NOT ONLY THE REPAIRS, BUT THE REPLACEMENT OF THE RESIDENTS AND MOVING THEM OUT.
UM, THE REPAIRS TAKE ABOUT 30 TO 45 DAYS.
ONCE YOU GET THE MATERIAL, YOU MAKE THE REPAIRS, MOVE THEM BACK, BECAUSE IN THIS BUILDING YOU HAVE TO UNDERSTAND YOU HAVE THREE BUILDINGS INVOLVED.
SO WHEN YOU DO THIS TOP LEVEL, YOU HAVE TO DO THE NEXT.
SO YOU HAVE SIX LEVELS IN ONE BUILDING, THEN YOU MOVE TO THE NEXT BUILDING.
SO, UM, TO TRY TO DO A BUILDING, I GUESS YOU WOULD SAY IN 30 DAYS, UM, IN SIX LEVELS IS GONNA BE, UM, I, I DON'T EVEN THINK YOU WOULD GET A GREAT QUALITY OF WORK, BUT I DO THINK YES, YOU CAN TRANSITION IN THOSE 90 DAYS AND, UM, MAKE SOME HEADWAY.
HOW MANY UNITS? UM, IT'S 176 UNITS TOTAL AT THIS PROPERTY.
UM, HOW MANY AFFECTED? I BELIEVE IT'S GONNA BE ABOUT 66 TO 70.
UM, PROBABLY A LITTLE BIT MORE.
UM, YOU'RE PROBABLY LOOKING AT ABOUT 85 TO 90 UNITS, I WANT TO SAY.
ANY OTHER QUESTIONS FROM THE COMMISSIONERS? WE HAVE A MOTION TO CLOSE FOR DISCUSSION, A MOTION TO CLOSE FOR DISCUSSION.
SO MOVED BY COMMISSIONER CAMPBELL.
DO WE HAVE A SECOND, UH, SECOND FROM COMMISSIONER FRANCIS.
UH, IS THERE ANY OBJECTION TO CLOSING? OKAY, SO AT THIS TIME THE PUBLIC DISCUSSION IS CLOSED.
UH, THAT MEANS WE WON'T BE TAKING ANY MORE TESTIMONY, BUT UNDERSTAND YOU'RE SUBJECT TO RECALL.
SO I WOULD ENCOURAGE YOU TO REMAIN IN THE ROOM
YOU CAN REMA YOU CAN STAY AT THAT DESK OR YOU CAN, YOU CAN BE SEATED, BUT, UH, UH, BECAUSE IF WE DO HAVE FURTHER QUESTIONS FOR YOU, WE MIGHT RECALL YOU.
SO, UM, BUT AT THIS TIME I'LL JUST, I'LL THROW IT OPEN INTO DISCUSSION TO DISCUSSION FROM, UH, THE COMMISSION MEMBERS.
AND DOES ANYBODY HAVE ANY THOUGHTS? UH, COMMISSIONER CAMPBELL? WELL, LIKE I SAID EARLIER, I'M PERSONALLY INCLINED TO EXTEND THAT TO THE FOUR
[01:30:01]
90 DAYS.UM, JUST TO GIVE THEM MORE TIME.
IT DOES SEEM LIKE THE PROPERTY, UH, REPRESENTATIVES HAVE BEEN DILIGENT ABOUT DEALING WITH THESE ISSUES AS THEY COME UP, EVEN THOUGH THERE ARE SUBSTANTIAL ISSUES WITH THIS PROPERTY.
UM, I'D ALSO BE WILLING TO CONSIDER A, AGAIN, SINCE THERE'S THIS KIND OF QUALITY OF, UM, THEM GETTING REFUNDED THOSE FINES, IF, UH, THEY DO SPEND THE MONEY TO MAKE THESE REPAIRS, IT, IT, IT ALMOST, AT LEAST IN MY MIND, IT ALMOST SEEMS AS THOUGH THE PENALTY CREATES A TIMELINE FOR THEM AS WELL, WHERE THE PENALTY ONLY REALLY STARTS TO KICK IN ONCE IT ACTUALLY EXCEEDS THE VALUE OF THE REPAIRS.
SO I WOULD CONSIDER IN THAT CASE, UM, POTENTIALLY LOWERING THE CIVIL PENALTY, BUT I'D LOVE TO HEAR Y'ALL'S THOUGHTS ON THAT.
DID YOU HAVE A COMMISSIONER CAMPBELL, DID YOU HAVE A NUMBER IN MIND JUST TO, TO LAY DOWN A MARKER OR, UH, JUST, YOU KNOW, TO THROW SOMETHING OUT? POTENTIALLY 500, BUT JUST A THOUGHT.
COMMISSIONER OLUGO, I THINK, UH, DISTRICT MANAGER MOORE HAS BEEN TRYING TO SAY SOMETHING FOR THE LAST LIKE 10 MINUTES, SO IT'S FINE.
I ACTUALLY WANTED TO SAY TWO THINGS.
ONE, ABOUT THE INTERPRETATION SERVICES WE DO AND HAVE ACCOMMODATED THAT IN THE PAST, AND WE WILL, UH, THAT LANGUAGE IS IN OUR NOTICE OF HEARING THAT GOES OUT TO THE REPRESENTATIVE SO THEY CAN REQUEST THAT AND WE CAN ACCOMMODATE THAT.
JUST SO YOU KNOW THAT, THAT WAS SOMETHING QUICK.
AS FAR AS, UH, THE LANGUAGE THAT YOU'RE TALKING ABOUT, THE OFFSET THAT IS TYPICALLY FOR RESIDENTIAL PROPERTIES, WE DO THAT IN-HOUSE.
UH, IF THEY WERE GONNA GET OFFSET HERE, THEY WOULD, ONCE THEY, THE PROPERTY COMES INTO COMPLIANCE, THEY WOULD HAVE TO REQUEST TO COME BACK BEFORE THE COMMISSION, AND THEN THEY CAN OFF, UH, THEY CAN, UM, REQUEST PENALTY FORGIVENESS AND THEY CAN RE YOU KNOW, BRING THEIR RECEIPTS AND SHOW YOU HOW MUCH, AND Y'ALL CAN TAKE THAT INTO CONSIDERATION, BUT IT'S NOT KIND OF LIKE A, A GUARANTEED THING LIKE IT IS WITH, UH, RESIDENTIAL.
THAT'S WHAT I JUST WANT Y'ALL TO MAKE A HAVE MORE INFORMED DECISION.
YEAH, BECAUSE I DID, I DID THINK YOU MENTIONED BEFORE THAT THE OFFSET WAS, UH, ONLY FOR RESIDENTIAL IN THE PAST.
THANK YOU FOR THAT CLARIFICATION.
YOU HAD MENTIONED THERE WAS A LOT OF MATERIAL THERE, SO YOU HAD MENTIONED THAT, UM, YOU DIDN'T FEEL LIKE THIS WAS MOVING ALONG QUICK ENOUGH.
DID I HEAR THAT CORRECTLY? AND THAT'S WHY YOU BROUGHT THIS ISSUE BEFORE US? WE BROUGHT IT BEFORE THE COMMISSION DUE TO THE, THE SERIOUSNESS THAT THE, THE DANGERS, THE CONDITIONS ON THE PROPERTY, THEY HAVE SHORT, UH, THE PROPERTY, THE TEMPORARY SHORT EMBRACED IT.
WE, WE JUST NEED TO INSURED PROPERLY AND THE REPAIRS GET COMPLETED IN A TIMELY MANNER.
WE, WE HAVE NO OBJECTIONS TO THE 90 DAYS, AND THAT'S SOMETHING THAT WE, UH, THAT WE DO, UH, RECOMMEND.
BUT, UM, BUT RIGHT NOW WITH THE SHORING, IT IS SAFE.
WELL, WE HAVE TO VERIFY WITH THE, THE BUILDING PERMIT ONCE THEY, THEY COMPLETE THE INSPECTION.
ANOTHER QUICK QUESTION FOR COUNSEL, JUST KIND OF THINKING CREATIVELY TO, WOULD IT BE SOMETHING TO CONTINUE THE CASE TO THE NEXT BUILDING AND STANDARD COMMISSION MEETINGS AND THEN REVISIT THE 90 DAYS? I'M TRYING TO THINK OF SOME CREATIVE WAY TO GIVE YOU GUYS ENOUGH TIME TO MOVE THIS ALONG.
I DUNNO, I'M JUST THINKING OUT LOUD WITH YOU INSTEAD OF JUST SAYING, OKAY, WE'RE GONNA DROP THE HAMMER ON THE 90 DAYS NOW.
I MEAN, UH, THAT SENSE I THINK, I THINK THE NEXT, OH, I'M SORRY.
SO IT, ACCORDING TO THE RULES AND REGULATIONS THAT YOU ALL HAVE, UM, WE HAVE CONDUCTED THE PUBLIC HEARING.
AND SO ONCE YOU'VE DONE THAT, YOU MAY DEFER TAKING THAT ACTION.
SO MAKING A DECISION, UM, BUT YOU'LL NEED TO MAKE SURE THAT YOU CLEARLY STATE WHAT DATE YOU HAVE IN MIND, UM, IN WHICH THE HEARING WILL BE RESUMED, AND THEN ANY ISSUES AND EVIDENCE THAT WOULD BE CONSIDERED.
AND THAT IS JUST FOR CLARIFICATION, RULE 4 0 7.
UH, THANK YOU COMMISSIONER FRANCIS, LET ME ASK YOU TO HOLD ONE MOMENT, COMMISSIONER, I BELIEVE, UH, COMMISSIONER BENIGNO, UH, HAS BEEN TRYING TO GET IN, UH,
I, I WAS ACTUALLY JUST GONNA MAKE A POINT OF CLARIFICATION ABOUT THE MULTIFAMILY VERSUS, UH, RESIDENTIAL THING.
I WANNA MAKE SURE THAT WAS CLEAR.
UH, I'M DEFINITELY IN FAVOR OF EXTENDING THE TIMELINE AND REDUCING THE CLIENT.
THAT'S WHAT WE AGREE WITH THOUGH.
AND THEN IT WAS BACK TO COMMISSIONER OLUGO.
UH, I THINK THERE'S A TWO, TWO POINTS THAT I WANTED TO MAKE, WHICH IS, I THINK ONE OF THEM, I THINK JUST BASED ON DISCUSSIONS WITH STAFF, IT, IT SEEMS LIKE WE'RE GONNA HAVE A PRETTY BUSY REST OF THE YEAR.
SO I DON'T KNOW IF, IF I, I THINK IT'S PROBABLY BEST IF WE RESOLVE THIS NOW SO THAT WE CAN MOVE ON AND SORT OF PICK, UH, TO PICK ON ON THE REST OF THE REMAINING WORK THAT WE NEED TO DO IN THE FUTURE.
BUT I THINK ALSO, I JUST DON'T KNOW IF WE'RE GOING TO GET, YOU KNOW, I WAS ALSO BEEN FOLLOWING
[01:35:01]
ABOUT LIKE, YOU KNOW, ARE THEY DOING IT FAST ENOUGH? ARE THEY DOING ENOUGH? BUT JUST BASED ON THE SCOPE OF WORK, I DON'T KNOW IF WE'RE GONNA GET THAT MUCH MORE INFORMATION IF WE DO IT IN NOVEMBER.UM, YOU KNOW, MAYBE BY DECEMBER IT'LL BE, IT'LL, WE HAVE MORE INFORMATION, BUT LIKE 60 DAY, 30 DAYS, SORRY, I DON'T KNOW IF WE'RE GONNA GET THAT MUCH MORE INFORMATION OUT OF IT.
SO I GUESS MY, MY DEFAULT WOULD BE THE FACT THAT THEY'RE MOVING RESIDENTS OUT MEANS THAT TO ME, THE PRESIDENT, THE PRESENT DANGER IS SIGNIFICANTLY LESS.
IT SEEMS THAT STAFF HAS SOME CONFIDENCE IN THE SHORT TERM, UH, LIKE THE, UH, UM, ENGINEERING SORT OF TEMPORARY SOLUTIONS WHILE THE LONG TERM FIX GETS DONE.
AND IT SEEMS THAT THEY HAVE A SORT OF CLEAR PATH FORWARD, EVEN IF IT'S SOMEWHAT FRUSTRATING WITH, YOU KNOW, THE, THE MILLION LITTLE THINGS COMING UP.
SO I'M HAPPY TO JUST, JUST CHOOSE SOMETHING NOW AND, UM, AND MOVE FORWARD WITH THE REST OF THE WORK THAT WE HAVE FOR THE REST OF THE YEAR.
WAS THAT A MOTION? UH, I GUESS I'LL, I'LL, I'LL MOVE TO ACCEPT THE STAFF RECOMMEND ORDER AMENDING, UH, SECTION ONE TO SAY 90 DAYS INSTEAD OF 45 AN AMENDING SECTION TWO TO SAY ON THE 91ST DAY THE FEE COLLECTS AND INSTEAD OF A THOUSAND DOLLARS PER WEEK, IT IS $500 PER WEEK.
WE HAVE A MOTION BY I'LL SECOND.
MOTION BY COMMISSIONER OLUGO, SECONDED BY COMMISSIONER SHUGART.
UH, IS THERE ANY DISCUSSION ON THE MOTION? OKAY, WELL, BASED ON WHAT I HAVE HEARD, I'M GONNA CALL IT BECAUSE I, IT SOUNDS LIKE IT'S GOT A CHANCE.
COMMISSIONER SULLY AYE UH, CHAIR VOTES.
THERE BEING SEVEN AYES NO NAYS.
UH, DOES EVERYBODY UNDERSTAND THE, THE ORDER THAT'S BEEN ADAPTED TONIGHT? YES.
SO THAT, UH, THAT WILL BE MAILED TO YOU.
AND, UH, WITH THAT, UH, YOU MAY STEP DOWN AND I WILL MOVE ON
[7. Case Number: OL 2023-061800]
TO, UH, ITEM NUMBER SEVEN.UH, I DO SHOW WE HAVE, UH, ARI, UH, REGISTERED ON THIS ONE.
IF YOU WANT TO, YEAH, TAKE A SEAT AT THE TABLE.
AND WE HAVE IS THIS, I FORGET WHO WE HAVE FOR THIS CITY.
MS. LA ROACH, THAT'S FOR THE CITY.
ITEM NUMBER SEVEN ON THE AGENDA IS AN APPEAL, I'M SORRY.
THE CASE NUMBER IS OL 2 0 2 3 6 8.
AND THE PROPERTY ADDRESS IS 1 2 0 5 HOLLOW CREEK DRIVE UNIT 2 0 2.
THE EXHIBITS CAN BE FOUND IN ONE OF THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS APPEALS REGARDING THE DENIAL OF AN APPLICATION FOR A TYPE THREE SHORT-TERM RENTAL LICENSE.
THE APPLICANT SUDI BAT IS HERE TONIGHT TO REPRESENT THE PROPERTY IN YOUR READERS.
YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO.
EXHIBIT ONE CONTAINS A CONTEXTUAL PHOTO OF THE PROPERTY, THE OWNER'S APPLICATION PACKET FOR A TYPE THREE OP OPERATING LICENSE DEVELOPMENT SERVICES DENIAL LETTER.
THE PROPERTY OWNER'S APPEAL LETTER AND NOTICES FOR TONIGHT'S HEARING AS WELL AS THE REQUIRED POSTINGS AND A COPY OF THE SHORT TERM RENTAL ORDINANCE EXHIBIT TWO, WHICH CONSISTS OF SUPPORTING DOCUMENTS PERTAINING TO DEVELOPMENT SERVICES DECISION TO DENY THE APPLICATION AND DEVELOPMENT SERVICES.
RECOMMENDATION, LICENSING MANAGER LISA DE ROCHE IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE DENIAL.
MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LISA DE ROCHE AND I AM THE ADMINISTRATIVE MANAGER FOR THE CODE COMPLIANCE DIVISION OF DEVELOPMENT SERVICES.
I MANAGE THE TEAM THAT DOES THE SHORT-TERM RENTAL LICENSING FOR THE CITY.
AND I AM HERE THIS EVENING TO TESTIFY ABOUT THE DENIAL OF A TYPE THREE STR LICENSE FOR 1205 HOLLOW CREEK DRIVE UNIT 2 0 2.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY AND A MAP SHOWING YOU WHERE IT IS WITHIN OUR CITY.
JUST AS A REMINDER FOR THE COMMISSIONERS, THERE ARE THREE TYPES OF SHORT-TERM RENTAL LICENSES AVAILABLE IN THE CITY.
TYPE ONE LICENSES ARE ISSUED TO SINGLE FAMILY HOMES AND CONDOMINIUMS THAT ARE OCCUPIED BY THE OWNERS.
TYPE TWO LICENSES ARE ISSUED TO SINGLE FAMILY HOMES THAT
[01:40:01]
ARE NOT OCCUPIED BY THE OWNERS.AND TYPE THREE LICENSES ARE ISSUED TO MULTI-FAMILY PROPERTIES THAT ARE NOT OCCUPIED BY THE OWNER.
THIS IS THE TYPE OF LICENSE THAT IS SUBJECT TO DENSITY CAPS.
WE'RE LOOKING AT THE CERTIFICATE OF OCCUPANCY HERE.
THIS IS THE CITY DOCUMENT THAT DETERMINES, UH, USE OF THE PROPERTY.
WE SEE HERE THAT THIS IS A COMMERCIALLY ZONED APARTMENT BUILDING WITH FOUR UNITS.
CODE SECTION 25 23 DEFINES MULTIFAMILY USE AS THREE DWELLING UNITS OR MORE, MAKING THIS MULTIFAMILY USE.
NEXT SLIDE CODE SECTION 25 2 7 91.
C5 ESTABLISHES DENSITY CAPS FOR COMMERCIALLY ZONED MULTIFAMILY PROPERTIES AT 25%.
BECAUSE THIS IS A FOURPLEX, OUR CALCULATION IS A VERY SIMPLE ONE.
THERE IS AVAILABILITY FOR ONE LICENSE PER BUILDING.
ON APRIL 17TH, 2023, THE DEPARTMENT RECEIVED A TYPE THREE APPLICATION THROUGH THE AUSTIN FINANCE ONLINE SYSTEM FOR 1205 HOLLOW CREEK DRIVE UNIT 1 0 2.
EIGHT DAYS LATER ON 4 25 23, AN APPLICATION WAS RECEIVED FOR UNIT 2 0 2 THROUGH THE AFO SEASON, UH, SYSTEM, ONLINE APPLICATION SYSTEM.
THE ONE AVAILABLE LICENSE WAS ISSUED TO UNIT 1 0 2 BECAUSE THE APPLICATION WAS RECEIVED FIRST.
AS A RESULT, THE LICENSE FOR UNIT 2 0 2 WAS DENIED BECAUSE THERE WAS NO CAP SPACE LEFT AVAILABLE.
I'D LIKE TO TAKE A COUPLE OF MOMENTS TO ADDRESS, UM, THE ISSUES THAT, THAT MR. ARI BROUGHT UP AND I APOLOGIZE IF I'M MISPRONOUNCING YOUR NAME, SIR.
UM, IN HIS APPEAL LETTER, HE STATES THAT THIS PROPERTY IS NOT A MULTI-FAMILY RESIDENTIAL COMPLEX BECAUSE IT IS A CONDOMINIUM.
BUT CODE SECTION 25 23 DEFINES MULTIFAMILY RESIDENTIAL USE AS THREE OR MORE DWELLING UNITS AND INCLUDES CONDOMINIUM RESIDENTIAL USE.
SO THIS IS A MULTIFAMILY RESIDENTIAL USE COMPLEX BY CODE AND IT CAN ONLY QUALIFY POTENTIALLY FOR A TYPE ONE OR A TYPE THREE LICENSE.
NEXT POINT IS THAT THE RECENT COURT RULINGS COMPEL THE CITY TO ISSUE THIS LICENSE.
THE DEPARTMENT HAS CONSULTED WITH THE CITY ATTORNEY'S OFFICE AND THE DETERMINATION WAS MADE THAT ALL OF THE RECENT COURT DECISIONS ARE RELATED TO TYPE ONE LICENSES AND TYPE TWO LICENSES IN SINGLE FAMILY HOMES ONLY.
AND MULTI-FAMILY PROPERTIES WERE NOT INCLUDED IN THOSE LAWSUITS AND THEREFORE HAVE NO EFFECT ON THIS CASE.
ADDITIONALLY, CODE SECTION 25 2 7 98 EXPLICITLY STATES THAT TYPE TWO STR CANNOT BE PART USE, WHICH WE HAVE ALREADY ESTABLISHED.
THIS LOCATION IS THE NEXT SLIDE.
MR. PET'S THIRD POINT IN HIS APPEAL IS TO ASK FOR EITHER A TYPE TWO OR TYPE THREE LICENSE.
WHILE WE VERY MUCH EMPATHIZE WITH MS. ARI AND EVERYBODY WHO INVESTS IN THESE PROPERTIES IN OUR JURISDICTION, WE'RE NOT ABLE TO LICENSE, UH, TO LICENSE PROPERTIES BASED ON OUR EMOTIONS.
THIS LOCATION DOES NOT QUALIFY FOR EITHER TYPE OF STR LICENSE UNDER THE CURRENT REGULATIONS, AND THERE ARE NO DOCUMENTS THAT COULD BE SUBMITTED TO CURE THE DENIAL.
IF THERE WERE, WE CERTAINLY WOULD'VE PURSUED THAT PATH PRIOR TO ISSUING THE DENIAL.
IT DOES NOT QUALIFY FOR A TYPE TWO LICENSE BECAUSE IT IS A MULTI-FAMILY CONDOMINIUM USE, WHICH THE CODE EXPLICITLY STATES CANNOT BE ISSUED A TYPE TWO LICENSE AND IT DOES NOT QUALIFY FOR A TYPE THREE LICENSE BECAUSE CAP SPACE IS FULL AND THE APPLICATIONS WERE PROCESSED IN THE ORDER IN WHICH THEY WERE RECEIVED.
MR. ARI IS FREE TO LEASE HIS PROPERTY FOR PERIODS OF TIME, LONGER THAN 30 DAYS WITHOUT NEEDING A LICENSE.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
AND MR. ARI, YOU WERE SWORN PREVIOUSLY.
UH, WE, YOU, WHEN I GAVE THE OATH EARLIER, WERE YOU SWORN I OKAY.
UH, IF YOU JUST STATE YOUR NAME ONCE FOR THE RECORD AND THEN YOU MAY PROCEED.
UM, I JUST PURCHASED THIS HOUSE, UH, AND UH, DUE TO, UM, BECAUSE OF HIGH INTEREST RATE, ANYTHING AND I DECIDED TO DO THE CERTAIN RIGHT RENTAL, UM, DO THAT ONE.
UM, SO I DID TRY FIRST TYPE ONE LESSONS, UM, TYPE ONE.
AND DUE TO ALL MY FAMILY SITUATION, THEN I CHANGED
[01:45:01]
TO TYPE THREE LESSONS.UM, I REALLY HAPPY IF THERE ARE ANY SUGGESTIONS THAT I CAN GET THE LICENSE TYPE ONE.
I MEAN, I KNOW, UM, LISA ELLIOT EXPLAINED THAT I CAN GET A TYPE TWO OR TYPE THREE, BUT ANY SUGGESTION THAT I CAN GET THE LICENSE IF EITHER TYPE ONE, I'M WILLING TO PROVIDE THE DOCUMENTS, UM, WHAT REQUIREMENT FOR THE CITY OF AUSTIN.
UM, THAT'S ALL, UH, THAT'S ALL I WANT TO SAY.
AND YOU DON'T HAVE ANY, YOU DON'T HAVE ANY QUESTIONS FOR THE CODE OFFICIAL OR ANYTHING LIKE THAT? UH, CAN I LIKE, YOU KNOW, AGAIN, UM, IS IT POSSIBLE THAT I CAN GET A TYPE ONE LICENSE IF I REAPPLY, OR IF YES, CAN YOU CONSIDER MY APPLICATION SWITCH BACK TO TYPE ONE, MR. RO UH,
HIS DRIVER'S LICENSE REFLECTS AN ADDRESS IN GEORGETOWN.
UM, HE HAS THIS PROPERTY, THERE'S A PROPERTY IN DENTON WITH A HOMESTEAD ON IT.
SO I, I I DON'T KNOW WHERE THIS THIS PERSON LIVES.
UM, AND I CAN'T DETERMINE THAT.
SO I, I COULD NOT SPECULATE ON WHETHER OR NOT HE MIGHT QUALIFY FOR A TYPE ONE LICENSE.
IF HE OCCUPIES THE PROPERTY AND GETS THAT DOCUMENTATION IN ORDER, WE CAN CERTAINLY REVIEW THE NEW AND UPDATED DOCUMENTATION.
BUT AS OF RIGHT NOW, TRAVIS COUNTY ISN'T EVEN REFLECTING MR. PARI AS THE OWNER IN THEIR SYSTEM.
WE WENT OFF OF A WARRANTY DEED THAT, UM, THE CUSTOMER PROVIDED TO US TO ESTABLISH THAT HE DOES OWN IT, BUT IT'S NOT REFLECTED IN ANY OF THE PUBLIC RECORDS THAT WE USE AS OUR STANDARD TO ESTABLISH OCCUPANCY.
DID THAT ADDRESS YOUR QUESTION, SIR? YES.
UH, THANK YOU SO MUCH FOR THE EXPLANATION.
AND I BELIEVE YOU STILL HAD TIME IF YOU HAD FURTHER QUESTIONS OR, OR REMARKS OR DOES THAT CONCLUDE YOUR TESTIMONY? YES, I CONCLUDE MY TESTIMONY.
SOME OF THE COMMISSIONERS MAY HAVE QUESTIONS FOR YOU, SO, OKAY.
UH, COMMISSIONERS OR PERHAPS NOT, UH, OH, UH, COMMISSIONER OLUGO OR, I'M SORRY, MY QUESTION IS RELATIVELY DUMB, SO I'LL DEFER TO BLAME WHO PROBABLY IS A SMART COMM.
COMMISSIONER CAMPBELL PROBABLY HAS A SMARTER QUESTION.
COMMISSIONER CAMPBELL MAKING MAKE IT GOOD.
IS THERE ANY OBJECTION? OKAY, WE HAVE A, UH, A SECOND.
UH, SO WE HAVE A SECONDED MOTION TO, WELL, UM, BEFORE I RULE ON THAT, UH, LET ME HEAR FROM MS. ALLIE.
MR. WERE THE, DID YOU ADMIT THE EXHIBITS? I JUST WANTED TO CHECK.
UH, SO WE HAVE A MOTION TO CLOSE PUBLIC TESTIMONY.
I'M GOING TO JUST VERY BRIEFLY, UH, THIS IS PROBABLY A VIOLATION OF ROBERT'S RULES, BUT I'M GONNA TAKE
AND, UH, SO THEN BACK TO THE MOTION TO CLOSE.
UH, IS THERE ANY OBJECTION TO CLOSING THE PUBLIC TESTIMONY? OKAY, THE HEARING, NONE, THE PUBLIC TESTIMONY IS CLOSED, SO YOU MAY STEP DOWN, BUT I WOULD ENCOURAGE YOU TO REMAIN IN THE ROOM BECAUSE YOU MAY BE RECALLED IF WE HAVE ADDITIONAL QUESTIONS.
UM, AND WITH THAT WE'LL TURN IT OVER TO MY COMMISSIONERS IF THERE'S DISCUSSION ON THE, OKAY.
SO I'D JUST LIKE TO SAY THAT IT SEEMS LIKE IN THIS CASE THE LEGAL ISSUE ISN'T NECESSARILY TOO COMPLICATED.
IT SEEMS TO HINGE ON, UH, MR. PET'S, UH, PLACE OF RESIDENCE.
UM, IN THAT CONTEXT, IT SEEMS AS THOUGH THERE ISN'T REALLY A SERIOUS DISPUTE OVER WHETHER WE SHOULD UPHOLD THE DENIAL OF THE TYPE THREE SHORT-TERM RENTAL LICENSE.
SO I WOULD SUGGEST THAT WE, UM, AND I'LL, I'LL JUST MAKE THE MOTION NOW THAT WE ADOPT, UM, THE STAFF'S RECOMMENDED, UH, ORDER AND PROPOSED FINDINGS OF FACTS AND CONCLUSIONS LAW.
SO WE HAVE A MOTION TO DENY THE APPEAL SEC BY, UH, COMMISSIONER CAMPBELL, SECONDED BY COMMISSIONER OLUGO.
UH, UM, I NEED TO GET THE, A RECOMMENDATION ON THE RECORD STILL.
UH, I DON'T KNOW HOW I SKIPPED A STEP HERE.
I'LL RECOGNIZE YOU FOR THAT AND WE'LL, WE'LL, WE'LL LEAVE THAT MOTION PENDING FOR A MOMENT.
SO, STAFF REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND AFFIRM STAFF'S DECISION TO DENY THE APPLICATION FOR A TYPE TYPE THREE SHORT-TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL.
AND NOW THAT YOU'VE HEARD THE RECOMMENDED ORDER, UH, COMMISSIONERS, UH, CAMPBELL AND OLUGO, DO YOUR MOTION AND SECOND STILL STAND? YES.
[01:50:01]
SO WE HAVE A MOTION, UH, SECONDED.AND, UH, IS THERE ANY DISCUSSION ON THAT MOTION BEFORE WE CALL? OKAY.
THEN I'M GONNA CALL THE QUESTION, UM, COMMISSIONER SHUGAR AYE.
COMMISSIONER SLY? AYE UH, COMMISSIONER? OH, THE CHAIR VOTES.
AYE, THERE BEING SEVEN AYES, NO NAYS.
AND, UH, WITH THAT, UM, UH, MR. BATAR, THE ORDER WILL BE MAILED TO YOU, UH, AND, UH, AND OBVIOUSLY YOU'RE STILL FREE TO CONTACT MR. ROACH.
UH, BUT WITH THAT YOU'RE FREE TO STEP DOWN.
UM, AND UH, SO THAT BRINGS US TO, I BELIEVE WE'RE THROUGH THE CASES AND WE'RE ON TO APPROVAL OF THE 2024 PROPOSED
[9. Approval of the 2024 Building and Standards Commission regular meeting schedule.]
MEETING DATES.ITEM NUMBER NINE ON THE AGENDA.
AND I'M GONNA, UH, SO IT'S A DISCUSSION AND ACTION ITEM REGARDING APPROVAL OF THE 2024 PROPOSED MEETING DATES.
UM, UM, WE HAVE A LIST OF THE DATES ON HERE AND ALL OF THE DATES ARE AVAILABLE FOR THE FOURTH WEDNESDAYS.
WE'RE PROPOSING THE REGULAR FOURTH WEDNESDAYS OF EVERY MONTH THROUGH OCTOBER.
WE HAVE NO MEETING IN DECEMBER.
AND THEN WE ALSO, IN DECEMBER, WE MOVED THE MEETING TO AN EARLIER DATE BECAUSE OF THE CHRISTMAS HOLIDAYS.
AND SO, UM, I PROPOSED DECEMBER 10TH, 11TH OR 12TH.
THAT WOULD BE UP TO YOU WHAT DATE YOU WANNA CHOOSE.
AND THEN I ALSO FOUND THAT THE ROOM IS AVAILABLE, THIS ROOM IS AVAILABLE THE FOURTH, FIFTH, AND SIXTH.
IT'S AVAILABLE THE NINTH, 10TH, 11TH, 12TH, OR 13TH.
SO YOU COULD, IF YOU WANTED TO SELECT A DIFFERENT DATE, THOSE DAYS ARE ALL AVAILABLE.
UH, THE ONLY DAY IN THOSE TWO WEEK, IN THAT TWO WEEK PERIOD, UM, IS THE THIRD.
THAT IS NOT, I THINK THE THIRD IS NOT AVAILABLE AND I DID NOT CHECK ON THE SECOND.
UH, BUT YOU WOULD'VE TO VOTE AND APPROVE THE, THE DATES FOR DECIDE ON DECEMBER AND THEN APPROVE THE DATES FOR THE WHOLE YEAR.
MY, MY ONLY OBJECTION IS THAT YOU'VE GIVEN US TOO MANY CHOICES.
BUT, UH,
WHAT DO Y'ALL THINK ABOUT? SO, SO WE HAVE A MOTION FROM COMMISSIONER SHUGAR FOR, UH, DECEMBER 10TH OR ADOPTING DECEMBER 10TH.
WE LOST THE, UH, UH, SERIOUSLY KIDDING ASIDE, IS THERE, UH, ARE THERE ANY DISCUSSION ON THE MOTION OR, OR ON THE, UM, PROPOSED DATES RATHER? I WOULD PREFER THE 11TH 'CAUSE IT'S A WEDNESDAY, YOU KNOW, I MIGHT AS WELL KEEP IT CONSISTENT.
AND DAY IS AS GOOD AS ANY OTHER.
I JUST CHECK THE CALENDAR, YOU KNOW, KNOW WHAT I MEAN? SURE.
UH, HOW ABOUT OUR FOLKS REMOTE AGAIN? COMMISSIONER BENIGNO, COMMISSIONER SELIG, ANY? I'M OKAY WITH IT.
UM, SO WHAT I'M GONNA DO IS GO AHEAD AND THIS DOES REQUIRE ACTION.
I'M GONNA MOVE THAT WE HAVE ADOPT VOTE.
THEN I'M GONNA GO AHEAD AND MOVE THAT WE ADOPT THE PROPOSED, UH, MEETING DATES AS EXHIBITED HERE, UH, SPECIFICALLY, UH, DECEMBER 11TH ON THE, ON THE FINAL, UH, DATE FOR THE, FOR THE YEAR.
THAT'S, THAT'S THE ONE ITEM THAT THAT, UH, THAT LEAVES US AN OPTION.
AND, UM, WITH THAT I'LL GO AHEAD AND AND CALL IT COMMISSIONER SARD.
COMMISSIONER FRANCIS? AYE COMMISSIONER? AYE.
THERE BEING SEVEN AYES AND NO NAYS.
UH, AND UH, UM, SO WE HAVE DECEMBER 11TH FOR THE DECEMBER, YEAH.
[FUTURE AGENDA ITEMS]
UM, AND THE LA I GUESS YOU HAVE THE FUTURE AGENDA ITEMS? MM-HMM.YEAH, THAT'S, UH, ALL I SEE REMAINING.
AND, UH, SO DO WE, DO WE HAVE ANY, OH, COMMISSIONER OLUGO.
I JUST WANTED TO, UH, VERIFY SOMETHING FROM STAFF.
WHY IS IT THAT WE HAVE NO MEETING IN NOVEMBER? I AM NOT REALLY SURE.
IT'S BEEN IN OUR RULES FOR A LONG TIME.
IT MAY BE BECAUSE OF THE HOLIDAYS.
OUR MEETING WOULD BE, OH, I CAN TELL YOU WHY.
SO OUR MEETING IN NOVEMBER WOULD TYPICALLY FALL DURING THE THANKSGIVING HOLIDAYS AND THEN THE DECEMBER MEETING WOULD FALL DURING THE CHRISTMAS HOLIDAYS.
SO I THINK IT WAS, THIS IS MY GUESS BECAUSE THIS HAS BEEN A RULE FOR A LONG TIME.
UH, RATHER THAN MOVE BOTH MEETINGS HAVE ONE RIGHT AFTER THE OCTOBER MEETING, THEN WE JUST SKIP THE NOVEMBER MEETING AND THEN HAVE ONE IN EARLY DECEMBER.
AND, UH, THAT'S MY BEST GUESS.
AND NO COMMENTS ON FUTURE AGENDA ITEMS. OKAY.
[01:55:01]
THANK YOU MS. ALI.UM, I GUESS MY ONLY LAST ITEM OF BUSINESS IS I, I DO KNOW THAT WE VOTED TO CONTINUE OR POSTPONE, UH, AGENDA ITEM NUMBER EIGHT BY AGREEMENT.
UH, I, I DON'T KNOW THAT ANY ADDITIONAL, UM, ANY ADDITIONAL MEMORIALIZATION OF THAT IS REQUIRED AT THIS STAGE IN, IN THIS STAGE OF THE PROCEEDING.
THAT'S OUR ONLY, UH, FUTURE AGENDA ITEM.
I, I DID JUST THINK OF ONE OTHER THING.
SO RIVERSIDE DRIVE, I SENT AN EMAIL TO EVERYONE TO ASK IF ANYONE WANTED THAT PLACED ON THE NEXT AGENDA FOR, TO BE CONSIDERED FOR PENALTY RELIEF.
SO IS THERE ANYONE ELSE THAT WOULD LIKE TO HAVE THAT PLACED? WE HAVE TO HAVE TWO OR MORE.
YOU'D LIKE TO ALSO HAVE THAT BACK ON THE AGENDA.
SO COMMISSIONER OLUGO AND IS THE OTHER, UM, THE OTHER REPLY IS THAT COMMISSIONER IN THE ROOM, IS IT SOMEONE WHO CAN, CAN GO ON THE RECORD AS, AS PROVIDING THE SECOND, IS IT, WHO ELSE HAS REQUESTED? I THINK IT WAS MR. SI BELIEVE IT WAS COMMISSIONER SIG REQUESTED THAT YES, I DO.
SO, UH, I BELIEVE WE DON'T, WE JUST NEED THE TWO.
WE HAVE COMMISSIONER OLUGO AND, AND SIG, SO WE DON'T NEED A VOTE ON THAT.
THAT, THAT, SO JUST FOR THE RECORD, FOR THE SAKE OF A CLEAN RECORD, CAN YOU, DO YOU WANNA GIVE US THE FULL PROPERTY NAME DESCRIPTION? I'M LOOKING FOR THE ADDRESS.
62 14 EAST RIVERSIDE DRIVE IS A RETURNING ITEM.
AND, UH, OR A FUTURE AGENDA ITEM RATHER.
AND THEN, UM, ITEM NUMBER EIGHT FROM THIS EVENING WILL ALSO BE A FUTURE AGENDA ITEM.
AND DO WE NEED, FOR THE RECORD, DO WE NEED, WHAT'S THE ADDRESS? SORRY, THAT, THAT, THAT'S GONNA BE 2302 EAST SIDE DRIVE.
UM, THAT WAS A NOTICE OF VIOLATION APPEAL REGARDING MULTIPLE VIOLATIONS.
AND, UM, IS THAT SUFFICIENT FOR THE RECORD OR IS THERE ANY OTHER, OKAY.
SO, UM, DO I HAVE A MOTION TO ADJOURN? YES.
COMMISSIONER FRANCIS, WE, I KNOW WE DID ALL THAT WORK ON THAT ANALYSIS OF THE FINES AND HAD IT, BUT I THINK, REFRESH MY MEMORY, WE'RE GONNA GO BACK AND VISIT THAT AND ADOPT THAT OFFICIALLY.
WERE WE GONNA DIG INTO THAT OR RETREAT? YOU WANNA TRY AND DO THAT IN A FUTURE AGENDA? YEAH, WE'RE WE HAVE THE RETREAT.
YEAH, THERE'S NOT ANYTHING REALLY TO ADOPT.
WE'RE GONNA PRESENT IT AT THE RETREAT.
AND THEN YOU'LL HAVE THE, THE LITERATURE ON IT.
'CAUSE I'VE READ THROUGH THAT A COUPLE TIMES.
I HAD A COUPLE QUICK QUESTIONS.
GO BRING, BRING 'EM TO THE RETREAT.
OH, I JUST, WE WANTED TO REMIND YOU THAT THE RETREAT IS DECEMBER 1ST FROM 11 TO THREE.
IT WILL BE IN OUR ROOM ACROSS THE HALL.
UM, SO THAT I'LL, I'LL SEND OUT AN EMAIL TO REMIND EVERYONE OR CALL YOU, BUT, UH, I JUST WANTED TO REMIND YOU, WE WILL HAVE THAT MEETING.
SO YOU WILL, WE WILL HAVE TO HAVE A QUORUM TO HOLD THE MEETING.
IT WILL BE, UH, SO 11 TO THREE WE'LL HAVE LUNCH AND HAVE THE, UH, VR GOGGLES IF ANYBODY WANTS TO SEE A CODE, UH, HOUSE WITH CODE VIOLATIONS.
UH, WELL THEN, UH, IF THERE IS NO OTHER BUSINESS THEN UH, LET THE RECORD REFLECT.
UH, IT IS 8:39 PM AND THE, UH, BUILDING AND STANDARDS COMMISSION, UH, MEETING STANDS ADJOURNED.