[CALL TO ORDER]
[00:00:07]
I WOULD LIKE TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR FEBRUARY 12TH, 2024.
UH, LET THE RECORD REFLECT THAT THE TIME IS NOW 6:40 PM MY NAME IS SHADY IDE AND I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I'LL CALL ROLE AND ASK FOR COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
AND A QUICK REMINDER TO OUR COMMISSIONER THAT'S REMOTING IN, PLEASE TURN ON.
UM, COMM COMMISSIONER SUGAR HERE.
AND WE ALSO HAVE FIRE MARSHAL HERE, CORRECT? NO.
UH, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF THE COMMISSION DEEMS IT APPROPRIATE.
ALL ATTENDEES AT THE MEETING AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION CIVILITIES TO CONDUCT BUSINESS AND CODE REVIEW.
ANALYST JAMES BERWIN WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.
STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, AND YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED.
YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WE'LL, A DESIGNATED TIMEKEEPER, PLEASE INTRODUCE YOURSELF.
UH, MELANIE, ALLIE, THANK YOU.
AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, AFTER WHICH THE OWNER OR APPELLANT MAY SUMMARIZE HIS OR HER CASE.
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 DISTRICT COURT WITHIN 30 DAYS, AS PROVIDED IN THE TEXAS LOCAL GOV LOCAL GOVERNMENT CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED, UH, WITNESSES WILL NOW TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE ODING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
IF THERE'S ANY, IF THERE'S NOTHING ELSE, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING AND I THINK MINUTES.
RIGHT? WE WEREN'T ABLE TO FINALIZE THE MINUTES, SO, UM, WE'LL HAVE THOSE READY FOR YOU AT THE NEXT MEETING.
WE HAVE ANOTHER MEETING IN TWO WEEKS.
DO WE HAVE, UH, DO WE HAVE ANYBODY HERE FOR PUBLIC COMMUNICATION? NO.
[2. Case Number: CL 2023-128201]
RIGHT.WE MAY PROCEED WITH THE FIRST ITEM ON THE AGENDA.
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2 0 2 3 DASH 12 8 2 0 1 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 5 5 0 8
[00:05:01]
ANA DRIVE.THE EXHIBITS CAN BE FOUND IN THE CORAL BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT A RESIDENTIAL STRUCTURE THAT IS OCCUPIED.
THE CASE WAS OPEN IN MARCH, 2022 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
THE PROPERTY IS LESS THAN A THOUSAND FEET FROM HOUSTON.
ELEMENTARY SCHOOL CONDITIONS ARE CONSIDERED SUBSTANDARD AND UNSAFE 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 RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE SHOWING THE DISTANCE TO THE NEARBY SCHOOL, NOTICE OF VIOLATION, NOTICE OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO Q AND THE RECOMMENDED ORDER.
UH, CODE INVESTIGATOR BEN MUNOZ IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED, INVESTIGATE, OR, SORRY, THAT'S INSPECTOR MUNOZ.
UH, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD AFTERNOON, OR ACTUALLY GOOD EVENING.
UH, LADIES AND GENTLEMEN, CAN YOU HEAR ME? UH, GOOD AFTERNOON LADIES AND GENTLEMEN.
UH, CAN YOU ALL HEAR ME OKAY? UH, GOOD AFTERNOON, LADIES AND GENTLEMEN.
I'M WITH THE, UH, CITY OF AUSTIN.
UH, I'M A CO INSPECTOR FOR THE CITY OF AUSTIN.
UH, THE CASE I'M PRESENTING, UH, BEFORE YOU WILL BE A SUBSTANDARD EXTERIOR, UH, OF EXTERIOR DEFICIENCIES.
UH, THE FACTS OF THE CASE HERE ARE AS FOLLOWS.
UH, ON MARCH 2ND, UH, 2022, UH, THE AUSTIN CODE DEPARTMENT RECEIVED A COMPLAINT, UH, FOR SUBSTANDARD DEFICIENCIES.
UH, SINCE THE INITIAL INSPECTION AND SUBSEQUENT INSPECTIONS, THE PROPERTY WAS FOUND TO HAVE MULTIPLE EXTERIOR AND INTERIOR IPMC VIOLATIONS.
UH, THE NOTICE OF VIOLATION WAS SENT VIA REGULAR AND CERTIFIED MAIL TO THE PROPERTY OWNER AS IDENTIFIED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT.
UH, THE INITIAL NOTICE OF VIOLATION OF WAS POSTED ON THE PROPERTY ON MARCH 9TH, 2022.
UH, THE OWNER FOR THE SAID PROPERTY IS, UH, GERALD STROM.
UH, AFTER THE EXPIRATION OF THE, UH, FIRST, UH, NOTICE OF VIOLATION, THE PROPERTY ONLY OWNER WAS RE NOTIFIED ON JULY 25TH, 2023, AND THE NOTICE OF VIOLATION WAS POSTED ON THE PROPERTY ON JULY 5TH, 2023.
OKAY, SO, UH, BETWEEN MARCH 2ND, 2022 AND DECEMBER 4TH, 2023, THERE WERE MULTIPLE INSPECTIONS AT THIS PROPERTY, UH, THAT HAVE BEEN MADE ON NOVEMBER 28TH, 2023, UH, CODE STAFF, UH, HAVE HAD COMPLETED, UH, OTHER, UH, INSPECTIONS OF THIS PROPERTY, UH, MAINLY THE EXTERIOR AND FOUND, UH, MULTIPLE IPMC VIOLATIONS THAT WERE LISTED IN THE INITIAL NOTICE OF THE VIOLATION.
UH, INVESTIGATOR SERNA COMPLETED AN EXTERIOR INSPECTION ON 11TH, UH, NOVEMBER 27TH, 2023.
UH, HERE ARE THE FACTS OF THE CASE.
DO YOU ALL SHOW PHOTOS NOW OR, OKAY, THANK YOU.
SO, UH, UH, FOR THIS PHOTO, THIS IS GONNA BE A PHOTO TWO A, UH, FOR, UH, 55 0 8 SNA DRIVE.
UH, THIS IS GONNA BE A CONTEXTUAL PHOTO, UH, 55 0 8 SNA DRIVE, AND THIS PHOTO SHOWING, UH, UNIT A, UH, NEXT PHOTO.
UH, THIS IS A PHOTO TWO B, UH, WHICH SHOWS A CONTEXTUAL PHOTOGRAPH OF UNIT B.
OKAY, SO THIS IS, UH, EX UH, PHOTO TWO C.
THIS IS A REPRESENT, UH, REPRESENTATIVE, UH, EXAMPLE OF MULTIPLE AREAS OF TRIM THAT ARE IN DISREPAIR.
UH, YOU CAN SEE WHITE GAPS, UH, THAT ALLOW, UH, RODENT ENTRY INTO THE UNITS, UH, AS YOU CAN SEE THE CRACKS THERE ALONG THE BRICKS.
THIS IS A PHOTOGRAPH OF THE REAR DOOR OF UNIT A.
AS YOU CAN SEE IN THE PHOTO HERE, UH, THE DOOR DOES NOT LOCK, AND IT LOOKS LIKE IT'S BEING HELD THERE BY A, UH, SHOELACE OR A STRING OF SOME KIND, AS SHOWN THE PHOTO.
THIS PHOTOGRAPH ALSO SHOWS THE SIDING, UH, THE SIDING IN THIS AREA, WHICH IS ALSO IN DISREPAIR, ALONG WITH A BROKEN WINDOW.
AND AS YOU CAN SEE IN THE PHOTO, THERE'S ALSO A PIECE OF TWO BY FOUR THAT SERVES AS A DOOR STOP.
UH, YOU CAN ALSO SEE THE MAKESHIFT THRESHOLD FOR THE REAR DOOR OF UNIT.
[00:10:01]
UH, PHOTO TWO E.THIS IS GONNA BE A CLOSEUP, UH, PHOTO OF THE, UH, OF THAT DOOR, THAT SAME DOOR.
AND IT'S GONNA SHOW THAT TWO BY FOUR RIGHT THERE WITH THE MISSING THRESHOLD.
UH, THIS IS GONNA BE PHOTO TWO F.
THIS IS GONNA BE A CLOSEUP PHOTO THERE OF THE BROKEN WINDOW NEAR THE DOOR.
UH, THIS WINDOW HAS BEEN, UH, IN THIS CONDITION SINCE OUR INITIAL EXP INSPECTION, UH, BACK IN MARCH 2ND, 2022.
UH, YOU CAN SEE WHERE THE DUCT TAPE, UH, IF YOU ZOOM IN ON THAT PHOTO, I DON'T KNOW IF YOU CAN ZOOM IN ANYMORE, BUT YOU CAN SEE THE DUCT TAPE THAT HAS BEEN USED TO TRY AND SEAL, UH, THAT HOLE IN THAT WINDOW.
UH, THIS IS A PHOTOGRAPH OF THE FRONT DOOR OF UNIT B, WHICH IS MISSING A DEADBOLT ALONG WITH ANOTHER BROKEN WINDOW.
UH, ALSO THE ENTRANCE DOOR HAS A LIGHT FIXTURE THAT'S ALSO IN DISREPAIR.
THIS IS, UH, A, I'M NOT SURE IF I ALREADY SAID THIS.
SO THIS IS A CLOSEUP PHOTO OF THE, UH, BROKEN WINDOW IN, UH, UNIT B.
ALSO, UH, AS YOU CAN SEE IN THE PHOTO, UH, THERE'S, THERE WAS SOME CLEAR TAPE I GUESS, THAT WAS USED TO COVER UP THAT CRACK RIGHT THERE ALONG THE, UH, THE WINDOW THERE.
I, UH, THIS IS ANOTHER REPRESENTATION OF AS PREVIOUSLY SHOWN OF THE TRIM AND SIDING THAT'S IN DISPAIR, UH, ALLOWING FOR RODENTS, UH, TO ENTER THE STRUCTURE.
UH, THE HOLE IS NEAR THE ENTRY DOOR OF UNIT B.
THIS IS, UH, EXHIBIT, UH, OR PHOTO TWO J.
UH, THIS IS ALSO A CLOSEUP OF THE ENTRANCE OF THE DOOR RIGHT THERE, AND WHERE YOU CAN SEE THE LIGHT FIXTURE.
ALSO, IT'S JUST A LITTLE BIT OF A CLOSER VIEW OF THE LIGHT FIXTURE THAT'S EXPOSED AND HAS EC UH, EXPOSED THE ELECTRICAL WIRING.
THIS IS, UH, PHOTO 2K, AND I THINK IT'S COMBINED WITH PHOTO TWO L.
SO THESE PHOTOGRAPHS ARE AREAS OF THE DUPLEX THAT NEED TO BE, THAT NEED TO BE PAINTED WITH THE SURFACE COATING TO PREVENT, UH, FURTHER DETERIORATION.
THIS IS ALSO SHOWING THE SIDING RIGHT THERE OF THE DUPLEX THAT NEEDS THE, UH, SURFACE COATING.
UH, THESE ARE CONTEXTUAL PHOTOGRAPHS OF THE DUPLEX ROOFING.
UH, THAT'S STARTING TO, UH, SHOW SOME RIPPLING AND SOME ASPHALT, UH, SHINGLES AS THEY BEGIN TO PULL AWAY FROM THE ROOFING SYSTEM.
UM, AND YOU CAN SEE THAT THERE'S, THEY'RE IN DISREPAIR.
ALSO, THE PHOTOGRAPHS ALSO SHOW A PORTABLE UNIT.
I THINK THAT'S GONNA BE ON THE NEXT SLIDE.
YOU CAN SEE THE UNIT RIGHT THERE.
THERE'S A, A PORTABLE UNIT ALSO.
CAN YOU GO BACK TO THE, THE PREVIOUS SLIDE PLEASE? UH, YOU COULD BARELY SEE IT THERE, BUT THERE'S A, A PORTABLE AC UNIT THAT'S BEEN INSTALLED THERE ALSO.
AND THAT PHOTO, WHAT THAT'S SHOWING IS THAT, UH, MOST OF THESE WINDOWS HERE AT THE DUPLEX HAVE THESE PORTABLE AC UNITS, UH, WHICH IS A CLEAR INDICATION THAT, UH, THE CENTRAL AIR CONDITIONER SYSTEM IS NOT FUNCTIONING AS INTENDED.
UH, SO THIS IS, UH, ALSO SHOWING THE, UM, IT'S PROBABLY WAY IN THE BACK THERE, BUT I DON'T KNOW IF Y'ALL CAN SEE IT.
BUT THERE'S, UH, ALSO ANOTHER AC, PORTABLE AC UNIT THAT'S BEEN MOUNTED TO THE WINDOW.
UH, THESE ARE PHOTOGRAPHS OF THE CENTRAL AIR CONDITIONING, UH, SYSTEM THERE OF UNIT A AND B, WHICH ARE IN DISREPAIR ALONG WITH BLOCKED, UH, POSSIBLE EGRESS PASS, UH, IN CASE OF AN EMERGENCY.
UH, THAT'S PROBABLY GONNA BE ON THE NEXT SLIDE.
UH, COULD YOU SHOW THE NEXT SLIDE, PLEASE? OKAY.
AND HERE'S THE, UM, UH, PORTABLE UNIT THAT'S BEEN INSTALLED THERE IN THE WINDOW.
AND THAT'S PRETTY MUCH THROUGHOUT THE, THE, UH, DUPLEX.
UH, THIS PHOTOGRAPH IS ONE ON THE, UH, ONE OF THE MAIN, OKAY.
THAT'S ONE OF THE MAIN ELECTRICAL PANELS THAT'S MISSING A DEAD FRONT, UH, FACE PLATE COVER ALONG WITH AN EXTENSION CORD THAT IS BEING USED.
UH, YOU COULD PROBABLY SEE THE CORD RIGHT THERE.
IT'S BEING USED AS PERMANENT WIRING.
UH, YOU CAN ALSO SEE ANOTHER WINDOW THERE, UH, THAT'S IN, UH, DISREPAIR SIDING.
AND THIS IS GONNA BE THE REAR OF UNIT TWO B.
[00:15:01]
SLIDE.I THINK THAT'S, THAT'S, THAT'S, THAT'S THE, UH, CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO Q.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW IN 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.
ALL VIOLATIONS, UH, CITED TO THE RESIDENTIAL STRUCTURE HAS IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B.
AND ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS 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.
UM, I'LL ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO Q.
UM, AND I DON'T BELIEVE ANYBODY'S HERE.
IS THERE ANYBODY HERE FOR 5 5 0 8 SNA DRIVE, OR IS THERE MR. STROM ONLINE OR ANYTHING LIKE THAT? NO.
THANK YOU CHAIR, AND, UH, THANK YOU INSPECTOR MUNOZ.
I HAD A, A FEW QUESTIONS FOR YOU.
I WOULD SAY I, I WOULD START WITH, IN LOOKING THROUGH THE ORIGINAL VIOLATION REPORT, THERE IS A NUMBER OF VIOLATIONS FOUND INTERNAL TO THE PROPERTY.
HAVE YOU BEEN ABLE TO, ARE THOSE HAVE ALREADY BEEN RESOLVED AND ARE NOT PART OF, OR WERE THUS NOT PART OF THIS PRESENTATION? OR AS FAR AS WE KNOW, THOSE, DO THOSE VIOLATIONS REMAIN AN ISSUE AT THIS PROPERTY? NO, SIR.
THOSE ARE NOT PART OF THIS PRESENTATION.
ALSO, WE DON'T HAVE ACCESS ANYMORE TO THE INSIDE OF THE, UM, UM, OF THE, UH, STRUCTURE OF, UH, BOTH DUPLEXES.
UH, FOR SOME REASON, I GUESS THEY MIGHT'VE BEEN TOLD BY THE PROPERTY ONLY NOT TO ALLOW INSPECTORS IN, BUT WE'VE MADE MULTIPLE ATTEMPTS AND THEY ALSO SET UP A CAMERA OUT THERE.
AND, UH, FOR SOME REASON THEY EVEN PUT A NO TRESPASSING, YOU KNOW, A SIGN ON THERE, YOU KNOW, TO, I GUESS KEEP US AWAY AND, AND, UH, YEAH, WE'VE HAD YET TO TALK TO ANYONE IN THERE.
NOW, THE PREVIOUS PEOPLE THAT WERE IN THERE BEFORE, THEY DID TALK TO US, AND THEY'RE THE ONES THAT INITIALED THAT, UH, THAT FILED THIS COMPLAINT, BUT THEY'VE MOVED OUT SINCE.
SO TO VERIFY THAT, SO THERE WERE RENTERS OR SOME OCCUPANTS LIVING IN THAT AREA WHO WERE NOT THE PROPERTY OWNERS WHO ALLOWED YOU INITIALLY TO GET CORRECT A VIEW OUT, AND THEN YOU'VE NOT HAD ANY COOPERATION FROM THE PROPERTY OWNERS SINCE THEN? NO, SIR.
UM, YOU KNOW, I'VE MADE MULTIPLE ATTEMPTS TO GET AHOLD OF THEM.
I'VE LEFT MY BUSINESS CARD, I'VE ON THE DOORS JUST NUMEROUS TIMES, YOU KNOW, AND, AND I'VE TOLD, YOU KNOW, I'VE LEFT LITTLE MESSAGES ON THE DOOR INDICATING, YOU KNOW, FOR THE PROPERTY OWNER TO GIVE ME A CALL AS SOON AS POSSIBLE, AND I HAVE YET TO HEAR FROM HIM.
AND AS FAR AS YOU'VE SEEN, NO WORK HAS BEEN DONE ON THAT PROPERTY? NO, SIR.
THERE'S MINOR STUFF THAT HE'S BEEN TRYING TO DO ON THE OUTSIDE, BUT AS YOU CAN SEE BY THE PHOTOS, THAT'S PRETTY MUCH THE, THE WAY IT LOOKS FROM, FROM DAY ONE, FROM THE INITIAL INSPECTION BACK IN MARCH OF 22, 20 22.
I'M GONNA CLOSE THE PUBLIC HEARING.
UM, IS ANYBODY OPPOSED TO CLOSING THE PUBLIC PART OF THE HEARING? I'LL SECOND.
SO WE HAVE, UM, A MOTION TO CLOSE THE PUBLIC HEARING.
UM, I DON'T REALLY HAVE ANY QUESTIONS MYSELF.
I THINK COMMISSIONER OLUGO ALREADY ASKED THE QUESTIONS THAT I HAD.
UM, I, I GUESS ANYBODY ELSE?
AND THEN COMMISSIONER CAM CAMPBELL, I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND, UH, THAT WAS RECOMMENDED IN THE ORDER.
WE HAVE A MOTION TO ADOPT AND, UM, ANY, ANYBODY WANT TO COMMENT OR HAVE ANY OTHER QUESTIONS BEFORE I CALL THE VOTE? NO.
ALL RIGHT, SO I'LL START WITH COMMISSIONER LUGA.
[00:20:01]
COMMISSIONER CAMPBELL? AYE.COMMISSIONER FRANCIS? AYE, I'M IN FAVOR.
OKAY, BUT DO WE HAVE ENOUGH? YES.
WE CAN GO ON TO THE NEXT ITEM.
I MEAN, I GUESS, YEAH, ITEM NUMBER THREE.
[3. Case Number: CL 2023-155868 (Part 1 of 2)]
IS CASE NUMBER, UH, CL 2 0 2 3 DASH 1 55 8 68, AND IS REGARDING A RESIDENTIAL DUPLEX PROPERTY LOCATED AT 6 1 0 4 CONTI COURT.THE EXHIBITS CAN BE FOUND IN THE GOLD BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A RESIDENTIAL DUPLEX STRUCTURE THAT IS OCCUPIED ON ONE SIDE ONLY.
THE CASE WAS OPENED IN JULY, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO DECIDED VIOLATIONS.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR IN YOUR, CAN WE HOLD OFF MEETING FOR A SECOND? I BELIEVE THE REPORT THAT WE HAVE IN OUR TABLET IS INCORRECT AND WE WILL NOT BE ABLE TO REVIEW THE EVIDENCE.
IN, IN THE PACKET, THE PICTURES ARE THE CORRECT ONE, BUT THE ACTUAL, LIKE OTHER DOCUMENTS SEEM TO BE FOR THE LAST CASE, WE'LL JUST TAKE A COUPLE OF MINUTES, WE CAN CONTINUE AND HOPEFULLY WE CAN GET THE PROPER REPORTS LATER.
UH, I DON'T THINK WE CAN CONTINUE.
WE'RE GONNA TAKE A COUPLE MINUTES.
DO YOU UNDERSTAND WHAT'S GOING ON? SURE, YEAH.
ON OUR, IN OUR FOLDERS, THE FIRST FEW PAGES ARE FROM THE PREVIOUS PROPERTY.
SO IF YOU HAVE IT SOMEWHERE ELSE, MAYBE POSSIBLY WE'LL TAKE A COUPLE MINUTES TO LOOK.
SO I WANTED TO STOP US JUST IN CASE WE WEREN'T DOING ANYTHING BY BOOKS, BUT UPON REVIEWING THE REPORT IN DETAIL, IT SEEMS THAT AT LEAST, UH, IT'S ONLY THE FIRST FEW PAGES THAT ARE ON PAGE 12.
IT SEEMS THAT AFTER PAGE 12 OR SO, IT STARTS BEING CORRECT.
MAKE SURE I ACKNOWLEDGE YOU EACH PERSON THAT'S SPEAKING.
UH, I WAS ADVISED BY STAFF THAT THEY WILL BE ABLE TO RETRIEVE HARD COPIES OF THESE REPORTS.
UM, I WOULD RECOMMEND THAT WE MOVE ON TO THE NEXT CASE TO GIVE STAFF THAT OPPORTUNITY AND THIS WILL HAVE THAT PREPARED AND READY FOR YOU ALL.
SO WE'LL SKIP ON TO ITEM NUMBER FOUR ON THE AGENDA.
WHAT WOULD COMMISSIONER DO? HE HAS THE OTHER ONE.
HE WON'T GET THE, I'M SURE THEY CAN UPLOAD IT.
YEAH, THAT'S WHY WE ARE MOVING IT DOWN.
[4. Case Number: CL 2023-162363]
THE AGENDA IS CASE NUMBER CL UH, 2 0 2 3 DASH 16 23 63.AND IS REGARDING THE PROPERTY LOCATED AT 9 6 1 4 MIDDLE FISKVILLE ROAD.
THIS CASE IS REGARDING A RESIDENTIAL STRUCTURE WITH UNSAFE CONDITIONS THAT REQUIRES DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE TURQUOISE BOOKS IN YOUR READERS AND GOOGLE DRIVE HOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE WAS OPENED, UH, IN JULY, 2023 AS A RESULT OF A COMPLAINT.
THE SUBSTANDARD, UNSAFE AND DANGEROUS CONDITIONS OF THE VACANT RESIDENTIAL STRUCTURE CREATED IN AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THERE ARE NO RECORDS OF ANY PERMIT APPLICATIONS IN OUR DATABASE.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, UH, THAT VERIFIES OWNERSHIP, MAPS OF THE PROPERTY, 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 TWO A THROUGH TWO G AND THE RECOMMENDED ORDER CODE INSPECTOR EDDIE HOLLAND IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS MARKED TWO A THROUGH TWO G AND DISCUSS THE VIOLATIONS AS
[00:25:01]
THEY'RE DEPICTED.INSPECTOR HOLLAND, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS EDDIE HOLLAND AND I AM A INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
CODE COMPLIANCE, THE PROPERTY BEING BOUGHT TO YOU TODAY? YES, SIR.
BOUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 96 14 MIDDLE FIFIELD ROAD.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS IMPERIAL HOLDINGS, LLC ON JULY 21ST, 2023.
THE NATURE OF THE COMPLAINT WAS PEOPLE EXPERIENCING HOMELESSNESS, PULLING THINGS OFF OF THE HOUSE, TRYING TO GET IN THE RESIDENCE IS VERY NEGLECTED AND SEVERELY, UH, DILAPIDATED.
IT IS A NUISANCE TO THE COMMUNITY AND IS A HAZARD TO CHILDREN WALKING TO AND FROM HOME.
ON JULY 21ST, 2023, INITIAL INSPECTION WAS PERFORMED, THE CASE WAS DOCUMENTED, AND THE NOTICE OF VIOLATION WAS SENT TO THE OWNERS DETAILING, DETAILING THE DESCRIPTION OF THE VIOLATIONS.
DETAILING THE DESCRIPTION OF THE VIOLATIONS, THE NOTICE OF VIOLATION ON JULY 24TH, 2023.
EMERGENCY BOARDING AND SECURING OF THE PROPERTY HAD BEEN DONE ON SEPTEMBER 11TH, ALONG WITH POSTING OF THE NVS OF NOTICE OF VIOLATIONS.
AFTER SEVERAL FOLLOW-UP INSPECTIONS, I OBSERVED THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED.
ALL VISIBLE VIOLATIONS REMAIN THE SAME.
AFTER CONDUCTING AN AMANDA SEARCH, NO PERMITS HAVE BEEN OBTAINED.
AS OF THIS DATE, I HAVE NOT CONT BEEN CONTACTED OR BEEN ABLE TO CONTACT THE PROPERTY OWNER OR REPRESENTATIVE OF THE PROPERTY.
I AM ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING ANY OF THE VIOLATIONS.
I'M ASKING THAT THE PROPERTY BE, UH, DEMOLISHED.
WELL, I CAN GO OVER MY PHOTOS NOW.
FIRST PHOTO SHOWS A CONTEXTUAL, GIVES YOU THE STREET, AND THAT'S THE PROPERTY DIRECTLY BEHIND IT WITH THE BOARDED UP WINDOWS AND DOORS.
THE SECOND PHOTO IS ANOTHER CONTEXTUAL, JUST GIVING YOU A OVERALL IDEA, SHOWING YOU HOW THE, UH, HOW IT'S BEEN FENCED OUT TO KEEP THE, THE HOMELESS AT BAY.
THIS IS A LITTLE BIT CLOSER IN, AND NOW YOU CAN ACTUALLY SEE THE DAMAGE TO THE ROOF.
IF YOU LOOK AT THE TOP MIDDLE OF THE ROOF, YOU CAN SEE SHINGLES ARE FALLING OFF.
YOU CAN ALSO SEE THE EDGE OF THE ROOF, THE DRIP LINE THAT THERE'S, UH, THAT'S DAMAGED.
ALSO, AS, AS I'VE SAID BEFORE, YOU CAN SEE THAT THE DOORS AND WINDOWS HAVE, UH, BEEN BOARDED TO KEEP PEOPLE OFF IN THERE.
EVEN THE SHINGLES ARE FALLING OFF OF THE, THE SIDES OF THE HOUSE.
NEXT PHOTO PROBABLY CAN'T SEE IN THERE TOO WELL, BUT IF YOU COULD SEE THE WALLS INSIDE YOU, EVERY ROOM IS REPRESENTATIVE OF THE WALLS THAT ARE THERE.
THIS IS JUST THE WAY THE HOUSE WAS SH SHOWN, AND YOU COULD SEE THE DAMAGE TO THE SHINGLES ON THE SIDE AND THE, THE FASCIA OF THE HOUSE.
NEXT, THIS IS A FURTHER PICTURE JUST SHOWING YOU GET A BETTER IDEA OF WHAT THE ROOF LOOKS LIKE AND HOW THE, UH, ROOF LINE AND THE GUTTER SYSTEMS AND EVERYTHING ARE, ARE FALLING APART.
THIS IS A BACK PICTURE SHOWING WHERE THE PLUMBING IS ALL EXPOSED, AND YOU CAN SEE WHERE WIRING HAS BEEN RIPPED OUT.
UH, IF YOU LOOK FURTHER TO THE LEFT OF IT, YOU CAN SEE WHERE THE ROOM FOR THAT PART OF THE, UH, I GUESS WHAT DO YOU CALL THAT? THE, UH, FOUNDATION HAS BEEN COMPLETELY REMOVED FROM THERE.
THAT'S A PICTURE FROM DIRECTLY BEHIND IT, SHOWING YOU THAT FOUNDATION AND THE, UH, REMOVAL.
YOU SEE HOW THE, UH, ROOFING IS DAMAGED AND, UH, TATTERED AND EVEN SLANTED, LIKE IT'S PROBABLY GONNA FALL OFF.
THIS IS JUST A BETTER CLOSE UP ON IT.
THIS IS PRIOR TO BOARDING, WHICH YOU CAN SEE THAT THE DAMAGE IS PRETTY EXTREME.
THIS IS JUST ANOTHER PHOTO FROM THE OTHER SIDE OF THE HOUSE SHOWING, SHOWING YOU THAT ALL THE WINDOWS HAVE BEEN BOARDED.
THIS IS A PHOTO THAT'S, THIS WAS A, A DANGEROUS BUILDING.
THIS CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE
[00:30:01]
OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH UNSAFE 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 G.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN 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 DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURE, AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RIGGED.
AND C REQUEST INSPECTIONS FROM, UH, CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURE AND ANY ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, UH, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND ACCORD WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
I'LL ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO G.
UM, AND I DON'T, OH, I'M SORRY.
IT WAS J, J LIKE TWO JACK, TWO J.
UM, SO I'LL ADMIT EXHIBIT ONE AND TWO A THROUGH TWO J.
UM, AND IS THERE ANYBODY HERE FOR THIS PARTICULAR PROPERTY? 9, 6 1 4, UH, 9 6 1 4.
UM, THE ONE QUESTION THAT I HAVE, INSPECTOR HOLLAND, IS EVERY TIME YOU RETURN THERE AND YOU HAD POSTED THIS NOTICES WHERE THE NOTICES REMOVED, OR WERE THEY STILL THERE? THE NOTICES HAVE ALL BEEN REMOVED, ALL EXCEPT FOR THE ONE THAT STILL REMAINS ON THE FRONT DOOR SAYING IT'S A DANGEROUS BUILDING.
UH, AT THIS TIME I WOULD MOVE TO CLOSE THE PUBLIC HEARING AND ADOPT STAFFS, UH, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER A SECOND.
WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
ANYBODY OPPOSED TO THAT? NO OBJECTION.
PUBLIC PART OF THE HEARING CLOSED.
UM, AND WE ALSO HAVE A SECOND MOTION TO ADOPT STAFF'S RECOMMENDED ORDER.
ANY DISCUSSIONS, COMMENTS, QUESTIONS? UM, I'LL SECOND IT.
UM, SO WE HAVE A FIRST AND A SECOND AND, AND I APOLOGIZE, CHAIR, MAYBE I JUST DIDN'T HEAR IT.
WAS THERE ALSO AS PART OF THE MOTION TO ADOPT, WAS DID IT ALSO INCLUDE TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW? YES.
HE SAY HE DID SAY THE WHOLE THING.
UM, ALL RIGHT, SO I THINK WE DON'T HAVE ANY OTHER QUESTIONS, THE OWNERS.
UM, I HAD ONE ADDITIONAL QUESTION FOR YOU.
UM, I KNOW THE MAIL KEPT COMING BACK UNCLAIMED OR SOMETHING LIKE THAT.
IS THAT CORRECT? BASED ON THE TRACKING, UH, INFORMATION THAT WE HAVE IN FRONT OF US? OBJECTION.
UM, SO I SEE THAT ON ONE OF THE NOTICES THERE WAS, UH, YOU KNOW, THE, THE FIRST, THE OWNER ON THE RECORD IS IMPERIAL HOLDINGS, AND THEN YOU HAD ADDED A NAME BARI, I THINK AT SOME POINT.
DO WE KNOW WHO THAT IS? UH, I BELIEVE THAT'S THE REGISTERED AGENT.
UM, THE SECRETARY OF STATE REGISTERED AGENT.
UM, WELL, WE'LL GO AHEAD AND CALL THE VOTE UNLESS ANYBODY ELSE HAS QUESTIONS.
AYE AS WELL, COMMISSIONER, UM, STILL START A VOTE.
ALL RIGHT, SO, UM, THE ORDER WILL BE ADOPTED AND THEN I'M SURE THEY'LL GET IT IN THE MAIL.
I DON'T KNOW,
[00:35:01]
THANK YOU INSPECTORS.SO WE CAN EITHER MOVE ON TO NUMBER FIVE AND LET US KNOW WHENEVER YOU'RE READY FOR US TO TAKE NUMBER THREE.
[5. Case Number: CL 2023-130602]
ON THE AGENDA IS CASE NUMBER CL 2 0 2 3 DASH 1 3 0 6 0 2.AND IS REGARDING THE PROPERTY LOCATED AT 4 4 0 5 MERLE DRIVE.
THIS CASE IS REGARDING A RESIDENTIAL STRUCTURE WITH UNSAFE AND DANGEROUS CONDITIONS THAT REQUIRES DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE WAS OPENED IN MARCH, 2023 FOLLOWING A FIRE INCIDENT.
THE FIRE DAMAGE RESIDENTIAL STRUCTURE IS LESS THAN A THOUSAND FEET FROM JOSLYN ELEMENTARY SCHOOL AND CREATES AN ATTRACTIVE NUISANCE IN A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
TO DATE, THERE IS NO RECORD OF A PERMANENT APPLICATION FOR DEMOLITION.
IN OUR DATA IN GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE SHOWING THE DISTANCE TO THE NEARBY SCHOOL NOTICE OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS AND AUSTIN FIRE DEPARTMENT, UH, FIRE INCIDENT REPORTS AND EXHIBIT TWO, WHICH CONSISTS OF, UH, PHOTOGRAPHS MARKED AS TWO A THROUGH TWO G AND THE RECOMMENDED ORDER CODE INSPECTOR LATASHA PATERNO IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS MARKED TWO A THROUGH TWO G AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LATASHA PATERNO AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 44 0 5 MERLE DRIVE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS SUBTLE FREDERICK G AND CLEAR G.
ON 17 MARCH, 2023, I RECEIVED A COMPLAINT FOR THE AFOREMENTIONED PROPERTY FROM AUSTIN 3 1 1 FOR A HEAVILY DAMAGED VACANT HOME.
ON 17 MARCH, 2023, I PERFORMED AN INSPECTION WHERE I OBSERVED AND PHOTOGRAPHED A HEAVILY DAMAGED FIRE BURN STRUCTURE WITH A PARTIALLY COLLAPSED ROOF, WINDOWS, DOORS, INTERIOR, EXTERIOR, STRUCTURAL MEMBERS, PLUMBING, ELECTRICAL, AND MECHANICAL WERE SIGNIFICANTLY AFFECTED.
I DOCUMENTED MY FINDINGS AND ATTEMPTED TO CONTACT THE PROPERTY OWNER'S SON JASON SPP, USING CONTACT INFORMATION KNOWN FROM A PREVIOUS PROPERTY ABATEMENT CASE.
I TEXTED MR. SPP PHOTOS AND NOTIFIED HIM, HIM OF MY FINDINGS AND THAT THE PROPERTY WOULD BE BORDERED THROUGH A CITY CONTRACTOR FOR PUBLIC SAFETY.
A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE VIOLATIONS TIMELINE FOR COMPLIANCE AND REMEDY PER THE UNITED STATES POSTAL SERVICE.
THE NOTICE OF VIOLATION WAS RECEIVED ON 14 APRIL, 2023.
AFTER NOT RECEIVING A RESPONSE TO MY TEXT ON 17 MARCH, 2023, ON 19 APRIL OF 23, I CALLED AND SPOKE WITH THE PROPERTY OWNER'S SON JASON SUPP.
WE DISCUSSED THE CASE TO INCLUDE THE TROLLEY CARS IN THE BACKYARD, AND THE NEIGHBOR COMPLAINTS RECEIVED FROM AUSTIN 3 1 1.
MR. SUPP STATED THAT HE WAS IN CONTACT WITH THE INSURANCE COMPANY AND EXPLAINED HE INTENDED TO HAVE THE PROPERTY DEMOLISHED AND THE TROLLEY CARS REMOVED A PERFORMED SUB SUBSEQUENT MONTHLY FOLLOW-UP INSPECTIONS AND OBSERVE THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED AND NO PERMITS HAVE BEEN OBTAINED.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
EXHIBIT TWO A IS THE, UH, INITIAL PHOTO SHOWING A CONTEXTUAL PICTURE, THE DATE OF THE, UM, THAT I WAS THERE FOR MY INITIAL INSPECTION.
AS YOU CAN SEE IN THE PHOTO, THE ROOF IS PARTIALLY COLLAPSED AND SEVERAL OF THE WINDOWS ARE BURNED OUT.
THIS IS A SIDE VIEW OF THE PROPERTY.
UM, YOU CAN SEE WHERE THERE IS ELECTRICAL AND INTERNAL STRUCTURAL DAMAGE TO THE PROPERTY.
THIS IS THE OPPOSING SIDE OF THE PROPERTY WHERE YOU CAN ALSO SEE ROOF DAMAGE, DAMAGE TO THE SIDING RESULTING FROM THE FIRE.
THIS IS JUST A CONTEXTUAL PHOTO SHOWING THE TROLLEY CARS IN THE REAR OF THE YARD.
NEXT PHOTO, A MORE UPTODATE PHOTO SHOWING THAT THE PROPERTY HAS BEEN BOARDED AND SECURED AND REMAINS IN DISREPAIR AS A RESULT OF THE FIRE.
NEXT PHOTO, AGAIN, SHOWING A SIDE VIEW THAT THE PROPERTY WAS BOARDED, UM, AS MUCH AS POSSIBLE AND SECURED ALSO, UM, SHOWING
[00:40:01]
THE ROOF DAMAGE, DAMAGE TO THE SIDING ALSO.NEXT PHOTO, A MORE UP-TO-DATE PHOTO.
UM, THE FRONT OF THE PROPERTY WAS FENCED BY THE CITY, SO THAT'S A NOTICE INDICATING THAT WE FENCED IT, BUT YOU COULD SEE THAT THE, UM, THE HOMELESS HAD STARTED TO TAKE OVER THE PROPERTY AND HAD GRAFFITI THE FRONT, BUT THE PROPERTY STILL REMAINS IN DISREPAIR.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
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 UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND, UH, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
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 DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B.
AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURE AND ANY ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO G.
UM, IS THERE ANYBODY HERE FOR THIS PROPERTY AT THAT'S WITH THE OWNERS? 44 0 5 MERLEY DRIVE? DO WE HAVE, UM, MR. SUB IS ON MR. SUBTLE? MRS. OKAY, MR. SUB, IF YOU COULD PLEASE PRESS, UH, STAR SIX TO UNMUTE YOURSELF ONLINE.
MR. SUB, IF YOU COULD PLEASE PRESS STAR SIX ON YOUR PHONE AND THAT WILL ALLOW YOU TO UNMUTE YOURSELF.
CAN YOU SPEAK A LITTLE LOUDER OR INCREASE YOUR VOLUME A LITTLE? UH, YES, ABSOLUTELY.
UH, SO I, I BELIEVE I, I SAW THAT THERE WERE CERTAIN DOCUMENTATION SHARED WITH THE BUILDING WITH PARENTS COMMISSION, BUT THERE'S A, THERE SHOULD BE QUITE A BIT OF ADDITIONAL DOCUMENTATION FROM INSURANCE COMPANY, UH, FROM THE CONTRACTOR THAT'S BEEN RETAINED TO REBUILD IT.
UM, A BUNCH OF INFORMATION SHOULD BE IN FRONT OF THE BOARD BUILDING A STANDARD COMMISSION THAT WAS SUBMITTED.
IS THAT INFORMATION NOT AVAILABLE? OKAY.
UM, DID WE GET ANY ONUS EXHIBITS? YES.
OTHER THAN, YEAH, WE HAVE SOME DOCUMENTS HERE, BUT WHAT SPECIFICALLY WOULD YOU LIKE THE COMMISSIONERS TO LOOK AT? WELL, UH, I, WELL JUST THE EVIDENCE THAT WE ARE TRYING TO MOVE FORWARD.
WE HAVE A, A GENTLEMAN THAT SPECIALIZES IN, UM, REMEDIATING, UH, FIRE DAMAGED HOMES, AND, UH, HIS NAME IS DAVID SPELL.
I, I, I KNOW THAT HE INTENDED TO BE AVAILABLE.
UM, AND LET ME SEE IF HE STILL IS.
LET ME, I HAD HIM ON ANOTHER LINE.
UH, BUT YEAH, HE, HE SHOULD BE ABLE TO CONFIRM AS A POINT OF CONTACT AND ALSO JUST MOVING FORWARD WITH, WITH PERMITTING.
I THINK HE HAD A LETTER, THERE WAS AN ENGINEERING COMPANY THAT WAS RETAINED TO HELP WITH THE ENGINEERING ON IT.
AND, UH, HE JUST STARTED THE SUBMITTAL PROCESS.
UM, IN ORDER TO GET J JASON, I'M HERE.
UM, CAN YOU STATE YOUR LAST NAME? SPELL.
WHAT WOULD YOU LIKE TO, SO YES, JASON IS, WELL, I'M JUST GIVING I GUESS TESTIMONY THAT YES, WE'VE MOVED FORWARD.
I HAVE A SIGNED, UH, AGREEMENT WITH, WITH, UH, JASON.
I'VE BEEN ON THE PHONE WITH THE, UH, ADJUSTER WITH STATE FARM SEVERAL TIMES.
I MADE AN INITIAL APPLICATION FOR PERMIT A COUPLE OF WEEKS AGO WITH THE CITY, AND I KNEW THEY WERE GOING TO, THAT THE CITY WAS GONNA TURN IT DOWN BECAUSE I DIDN'T HAVE ALL MY DOCUMENTS TOGETHER.
BUT SINCE THEN, ONE OF WHICH WAS THE FIRE REPORT WE HAVE THAT, UM, I NEEDED MY ENGINEERING REPORT.
I WAS AT, AT THAT MOMENT WHEN WE WERE SUBMITTING, I HAD ALREADY EMPLOYED MY, UM, MY ENGINEER GREENWORKS TO GO OUT AND TO GET THE FINDINGS AND TO FIND
[00:45:01]
OUT WHAT NEEDS TO OCCUR.THEY HAVE, SINCE THEY HAVE SINCE DONE THAT, THE REPORT BACK FROM THEM SHOULD BE AVAILABLE, UM, TODAY OR TOMORROW.
AT THAT POINT, THEY, ONCE I GIVE THEM THE GO AHEAD, THEY WILL PREPARE THE, THE RECONSTRUCTION DOCUMENTS, WHICH TAKES ABOUT 10 DAYS.
UM, I THINK I SENT ALL THAT IN MY EMAIL TO YOU GUYS TO THE, TO THE DSD CRED BSC@AUSTINTEXAS.GOV EMAIL ADDRESS, UM, SO THAT EVERYONE WAS AWARE THAT THE ENGINEERING DOCUMENTS ARE ARE IN PLACE.
UM, AND ONCE I HAVE THOSE, THEN I CAN MAKE MY FILING, UH, I CAN COMPLETE MY FILING WITH THE CITY OF AUSTIN.
SO, UM, SO THINGS ARE MOVING TODAY.
A DUMPSTER WAS SET, UH, LAST WEEK, EARLY LAST WEEK, A FENCE WAS SET, UM, TO SECURE THE PROPERTY FROM THE HOMELESS SITUATION.
UM, WE'VE ALREADY CALLED, UM, WE'VE ALREADY CALLED THE, UH, 9 1 1 TO EXTRACT HOMELESS PEOPLE THAT JUST TEND TO MIGRATE THERE, WHICH I GET IT.
UM, BUT WE NEED 'EM OUT OF OUR WAY SO THAT WE CAN DO SOME THINGS.
SO, UH, WE HAVE CLEANED OUT THE INTERIOR OF THE HOUSE AS MUCH AS WE CAN RIGHT NOW.
IT WAS JUST, IT WAS KIND OF UNSAFE BECAUSE OF THE FIRE.
AND SO, UM, THINGS ARE, RIGHT NOW THINGS ARE PROGRESSING.
UM, YOU DON'T SEE IT THERE EXCEPT FOR A DUMPSTER NOW SITTING IN, YOU KNOW, IN FRONT OF THE HOUSE AND THE FENCE BEING UP, AND WE BOARDED UP A FEW MORE THINGS.
UM, BUT CURRENTLY I'M WAITING FOR MY, UH, MY ENGINEER TO GET THE, THE INITIAL REPORT BACK TO ME.
UM, SO I THINK WITH THE COMMISSIONERS HERE, THEY'LL PROBABLY LIKE TO HAVE MORE SPECIFIC TIMEFRAMES IF YOU HAVE THAT.
UM, SO, AND I DO NOT HAVE A COMMITMENT FROM MY ENGINEER.
UM, I GAVE DATES, UH, THE ENGINEER WAS ON SITE ON TWO SIX, UH, AND I PUT IN THE EMAIL DOCUMENTS SHOULD BE READY IN ABOUT TWO WEEKS.
SO I HAVE ASKED, UM, MY CONTACT, MY, THE ENGINEER THAT I WORK WITH THERE TO PUSH FORWARD WITH IT.
UM, BUT THEY CAN ONLY WORK SO FAST.
AND SO, UM, THE HARD WORK HAS PRETTY MUCH BEEN DONE.
UM, FROM AN ENGINEERING PERSPECTIVE, THEY'VE BEEN TO THE SITE, THEY'VE TAKEN MEASUREMENTS, UM, THEY JUST HAVE TO GET, THEY HAVE TO PUT TOGETHER THEIR, WHAT THEIR COST ESTIMATE'S GOING TO BE FOR THE FINAL SET OF DOCUMENTS.
I PAY THE FEE AND THEN WE MOVE FORWARD.
THE FUNDS HAVE BEEN RELEASED BY STATE FARM TO JASON.
JASON'S BEEN FAIR WITH ME SO FAR AS FAR AS GETTING ME, GETTING ME MONEY.
SO I DON'T SEE ANYTHING THAT'S GONNA GET HELD UP.
IT LOOKS LIKE THINGS WILL MOVE FORWARD JUST FINE.
SO I, TO GIVE YOU SPECIFIC DATES TO, AND I APOLOGIZE, TO GIVE YOU SPECIFIC DATES, IT'S A LITTLE DIFFICULT BECAUSE I'M AT THE MERCY OF AN ENGINEERING PROFESSIONAL FIRM, AND SO I, I JUST, IN THE PAST THEY'VE BEEN VERY EFFICIENT.
THEY'VE BROUGHT, THEY'VE DONE PROBABLY 10 JOBS FOR ME IN THE LAST TWO YEARS.
SO TYPICALLY, AND I ALWAYS WORK WITH THE SAME ENGINEER, SO THEY'RE QUICK TO RESPOND.
UM, THEY REALLY DON'T EVER DRAG THEIR FEET, BUT I DON'T HAVE SPECIFIC DATES.
WELL, I, I APPRECIATE YOU AT ATTEMPTING TO DO THAT.
I KNOW MR. SPELLS STILL ON THE PHONE.
SO IN HIS EMAIL, THE REASON I ASKED YOU IS HE HAD SAID SOMETHING ABOUT DECEMBER, 2024, WHICH IS A LONG TIME AWAY.
THAT'S THE ENGINEERING REPORT.
THAT'S A COMPLETION DATE FOR THE ENTIRE PROJECT.
BECAUSE WHAT HAPPENS AFTER WE GET THE, AFTER I GET THE ENGINEERING DOCUMENTS, I'M GONNA SUBMIT THEM TO THE CITY.
I'M GONNA GET A PERMIT, I'M GONNA START WITH THE WORK, GETTING THE REPAIRS DONE.
THEN I CALL FOR MY INTERMITTENT INSPECTIONS THAT ARE REQUIRED FROM ELECT, FROM ROUGHING, UH, FRAMING ROUGH TO GETTING THE ROOF PUT ON TO GETTING MY ELECTRICAL ROUGH IN INSPECTION.
AND SO THAT'S WHY I HAD GUESSED AT A COMPLETION DATE OF DECEMBER OF THIS YEAR.
AND WHAT SPECIFICALLY, MR. SU, IS IT SUT OR SUB? OKAY.
WHAT SPECIFICALLY WOULD YOU LIKE THE COMMISSIONERS TO DO TONIGHT IF YOU WOULD HAVE YOUR IDEAL OUTCOME? UH, JUST TO GIVE US SOME BREATHING ROOM.
UH, YOU KNOW, UM, DEALING WITH THE INSURANCE COMPANY WAS QUITE A BIT OF, UH, A LIFT AND I THINK I GOT THE RIGHT GUY FOR THE JOB JUST TO, I, I THINK, YOU KNOW, JUST TO COLLABORATE TOGETHER AND NOT BE CONFRONTATIONAL RELATIONSHIP BETWEEN YOU GUYS.
WE JUST WANT TO GET THE HOUSE PUT BACK TOGETHER.
UM, WE'RE AS CONCERNED ABOUT THE SAFETY IN THE AREA AS ANYBODY, AND I THINK WE'RE ADDRESSING IT.
I HOPE IT'S, IT'S PERCEIVED THAT WAY.
AND MY LAST QUESTION TO YOU, JUST TO KIND OF HELP TO HELP YOU ALONG IS, WHEN YOU'RE DOING YOUR REBUILD, ARE YOU GOING TO DO A DEMO FIRST OF THE PROPERTY? NO,
[00:50:01]
IT'S NOT FACT.I, I TALKED TO SOMEBODY, YOU KNOW, MAYBE LET'S CALL IT TWO, THREE MONTHS AGO, ABOUT MAYBE IT BEING AN ADVANTAGEOUS THING FOR THE CITY TO PUT A DEMO ON IT.
AFTER COUNSEL WITH, UH, SEVERAL PEOPLE, EVEN AN ATTORNEY AND THE INSURANCE COMPANY, THE RESULT WOULD ACTUALLY BE VERY DAMAGING TO MY MOM.
UH, THE WAY THE INSURANCE WORKS, IF YOU DEMO THAT PROPERTY, SHE WILL RECEIVE A ABOUT HALF OF WHAT SHE WOULD RECEIVE IF WE REBUILD IT.
UM, SO, AND, AND JUST TRAGICALLY THAT PILES ONTO ALREADY LOSSES, UH, RIGHT BEFORE THIS HOUSE BURNED DOWN, I HAD DEPLOYED OVER $60,000 IN IMPROVEMENTS TO IMPROVE THE BRAND NEW ROOF, BRAND NEW SIDING, BRAND NEW WINDOWS.
THE WHOLE PROPERTY WAS ABOUT TO BE REMODELED AND, AND PUT INTO A NICE, UH, CONDITION TO BE PUT BACK ON THE MARKET, UH, FOR RENTAL.
AND THAT'S WHEN THE FIRE TOOK PLACE.
SO IT'S BEEN A PRETTY HEFTY FINANCIAL BURDEN AND WE'VE BEEN, AND UNFORTUNATELY WE HAD TO PAY THE MORTGAGE THE WHOLE TIME AS WELL.
UH, THERE WAS NO RELIEF FROM THE, FROM THEM ON THAT.
WE, SORRY, I MEAN, WE, SORRY FROM, I'M SORRY TO INTERRUPT YOU.
I WAS TRYING TO GIVE YOU A LITTLE BIT OF LEEWAY THERE.
BUT I THINK WE HAVE ENOUGH, UM, INFORMATION AND I'M SORRY TO HEAR ABOUT, YOU KNOW, THE INVESTMENT THAT YOU LOST THROUGHOUT THE PROCESS.
NOW WE DO HAVE, UM, BEFORE WE GO FORWARD, WE HAVE A NEIGHBOR HERE, UH, MR. LANDES.
YOU CAN GO AHEAD AND SIT OVER THERE BY THE PO BY THE MICROPHONE.
MR. LANDES, YOU DO HAVE THREE MINUTES TO LET US KNOW WHAT YOU'D LIKE THE COMMISSIONERS TO KNOW TONIGHT ABOUT THIS PROPERTY.
I JUST, WHATEVER THE RESOLUTION IS, I WOULD JUST REALLY APPRECIATE THAT THE CITY REALLY STAYS ON IT BECAUSE THIS, THIS WHOLE CORNER, I OWN THE PROPERTY DIRECTLY NEXT DOOR, AND I'M CURRENTLY BUILDING A DUPLEX THERE.
AND I HAVE HAD MULTIPLE INSTANCES OF THE HOMELESS PEOPLE THAT ARE RESIDING IN THIS PROPERTY BREAKING INTO MY PROPERTY AND STEALING THINGS THAT MAKE NO SENSE FOR THEM TO STEAL ENGINEERED TRUSSES THAT ARE ONLY GONNA WORK FOR THAT PROPERTY THAT I'M BUILDING.
BUT WE'VE GOTTA GET CITY STAFF INVOLVED.
I'VE HAD TO GET THE POLICE INVOLVED MULTIPLE TIMES TO GO BACK OVER TO THAT PROPERTY AND RETRIEVE SOME OF MY STOLEN PROPERTY AND MULTIPLE TIMES I'VE NOT BEEN ABLE TO RECOVER.
UM, THOSE ITEMS THEY'VE BROKEN INTO, I'VE GOT A STORAGE CONTAINER ON THE PROPERTY.
THEY'VE BROKEN INTO THAT MULTIPLE TIMES.
SO IT'S, IT'S A NEIGHBORHOOD NUISANCE.
AND IT'S ALSO CREATED A SITUATION WHERE, UM, KINDA LIKE BROKEN GLASS THEORY.
SO BECAUSE THIS PROPERTY IS A MESS, THE PROPERTY NEXT DOOR HAS ALSO DEVOLVED AND IS NOW AN ILLEGAL GAMING HALL.
AND IF THIS PROPERTY WERE IN BETTER CONDITION, I THINK IT WERE LESS LIKELY FOR THAT TO HAVE HAPPENED.
SO JUST WOULD REALLY, WHATEVER THE RESOLUTION IS, WOULD LIKE SOMETHING TO BE FASTER RATHER THAN SLOWER.
UM, WE'LL APPRECIATE YOU BEING HERE AND WE'LL CERTAINLY TAKE ALL THAT INTO CONSIDERATION.
WE KNOW IT MUST BE FRUSTRATING FOR YOU.
UM, YOU CAN HANG AROUND HERE WHILE WE DISCUSS AND THEN YOU'LL HEAR THE DECISION TONIGHT.
WELL, I'M GOING TO GO AHEAD AND ADMIT THE OWNER'S EXHIBITS AS WELL.
I HAD NOT ADMITTED THOSE AND I BELIEVE THERE WAS ANOTHER, UM, MR. LANDES, DID YOU SUBMIT SOME DOCUMENTS AS WELL? NO, WE HAVE DOCUMENTS FROM ANOTHER PARTY, BUT UM, I'M NOT SURE IF THEY'RE HERE.
IS SUSAN HOR HERE? IS MS. HOR HERE? NO.
I DON'T THINK WE CAN SHOW THERE, WE WON'T ABLE TO ADMIT THAT ONE, BUT WE'LL MOVE AHEAD.
AND THE COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR, UM, INSPECTOR PATERNO OR FOR THE OWNERS? COMMISSIONER OLUGO? UM, CHAIR, IF I HAD A QUESTION FOR THE FIRE MARSHAL, WOULD THAT BE FOR NOW OR LATER? YEAH, IT'LL BE FOR NOW.
UH, MR. KAR, UM, YES, I'M HERE.
UM, IN THE CURRENT STATE THAT THE PROPERTY EXISTS IN, UM, HOW MUCH WORSE ARE THE CHANCES OF A SIGNIFICANT, UM, FIRE BREAKING OUT, IF AT ALL WORSE, UM, IN THE CURRENT STATE THAT IT IS VERSUS A SORT OF UP TO CODE PROPERTY? SURE.
SO, UH, GIVEN THE CURRENT STATE OF THE STRUCTURE, UH, WE'VE GOT A LOT OF FIRE PROTECTIVE VENUES THAT ARE NOT PRESENT UP.
UH, YOU KNOW, OBVIOUSLY THEY'VE BURNED AWAY, UH, SHEET ROCK, GYPSUM BOARD, THINGS OF THAT NATURE AREN'T THERE.
UH, YOU'VE GOT FREE RUN UP THROUGH THE ATTIC, SO, UH, YOU KNOW, WITH THAT, UH, YOU KNOW, FIRE CAN GO UNMITIGATED.
YOU DON'T HAVE ANY SMOKE DETECTORS.
[00:55:01]
UM, SO THERE'S NOTHING TO ALERT, UH, ANYBODY OTHER THAN THE, THE, THE PRESENCE OF FIRE.SO, UM, YOU KNOW, DEPENDING ON WHEN THAT HAPPENED, UH, YOU KNOW, TIME OF DAY, HOW SEVERE THE FIRE WAS, WHERE IN THE STRUCTURE THAT OCCURRED, UH, YOU KNOW, PUBLIC NOTIFICATION MIGHT TAKE SOME TIME TOO.
SO, UH, YOU KNOW, WITHOUT THOSE FIRE PROTECTIVE BARRIERS, IT CAN GO, UH, PRETTY QUICKLY UNMITIGATED.
SO IT'S, IT'S DEFINITELY A MORE, UH, SEVERE, UH, UH, STATE AND, UH, HIGHER CHANCES OF, UH, FIRE WORSENING WITH WITHOUT UH, UH, YOU KNOW, UH, UP TO STANDARD, UH, STRUCTURAL MEMBERS IN PLACE.
AND A FOLLOW UP QUESTION, UM, WOULD YOU SAY THAT DEMOLITION IS THE SIMPLEST OR FASTEST WAY OF MITIGATING THE FIRED DAMAGE? OR IS THERE SOMETHING ELSE INCREMENTALLY THAT WOULD ACTUALLY HAVE A MEANINGFUL EFFECT TO THE FIRE RISK FOR THIS PROPERTY? UM, SO THE, THE QUICKEST WAY TO MITIGATE IT CAN, I'M TRYING TO UNDERSTAND THAT QUESTION.
THE, THE, SO THE QUESTION IS, UM, IS THERE AN INCREMENTAL ACT THAT THE PROPERTY OWNER COULD DO IMMEDIATELY TO MINI MITIGATE FIRE RISK? OR IS THIS A SITUATION WHERE A DEMO WOULD BE REALLY THE ONLY WAY OF, OF MITIGATING THE FIRE RISK FOR THIS PROPERTY? I, I, IT'S REALLY HARD FOR ME TO MAKE THAT ASSESSMENT WITHOUT, YOU KNOW, REALLY KNOWING WHAT THE, UH, IN INTERIOR CONDITIONS ARE, ARE LIKE, AND, AND REALLY HAVING AN ASSESSMENT OF, UH, JUST HOW SEVERE, UH, THE STRUCTURAL DAMAGE IS.
UH, AND THAT'D PROBABLY BE A BETTER QUESTION, UH, LEFT TO A, UH, FIRE PROTECTION ENGINEER OR STRUCTURAL ENGINEER.
AND SO I ASSUME THERE'S SOMEBODY HERE THAT COULD ANSWER THAT QUESTION? NO.
DO WE HAVE ANY OTHER COMMISSIONERS OR QUESTIONS OR COMMISSIONER CAMPBELL? SO THIS IS A QUESTION FOR STAFF, AND I'M HOPING THAT IT'LL BRING A LITTLE BIT OF CLARITY TO, UM, THE PROPERTY OWNERS AS WELL.
UM, IF WE ORDER THIS DEMOLITION AND THEY PURSUE COMPLIANCE INSTEAD, HOW DOES THAT INTERACT WITH OUR ORDER? LIKE IF THEY REACH COMPLIANCE WITHIN THE TIMEFRAME OR EVEN NEED TO GO OUTSIDE OF THAT, BUT HAVE THE PERMITS, HOW WOULD THAT INTERACT WITH OUR ORDER? THANK YOU.
UH, ROBERT MOORE, UH, DEVELOPMENT SERVICES DIVISION MANAGER.
I WAS HOPING YOU'D BRING THAT UP.
UM, JUST BECAUSE YOU GIVE A DEMOLITION ORDER DOESN'T MEAN THIS HOUSE HAS TO BE DEMOLISHED IF THE OWNERS GET GOING AND GET THE PERMITS AND START WORK, IT'S ESSENTIALLY A CONSTRUCTION SITE AT THAT POINT.
AND SO WE'D BE HANDS OFF FOR A WHILE UNLESS THE PROJECT WAS REALLY DORMANT FOR A REALLY LONG TIME.
BUT, UH, YEAH, AS SOON AS THEY GOT PERMITS AND THEY STARTED WORK, WE WOULD, WE WOULD JUST MONITOR IT AND MAKE SURE IT, IT FINISHES UP.
BUT, BUT BRINGING IN, UM, I'M SORRY, MAKING ALL THE REPAIRS WOULD BRING, WOULD SATISFY THE ORDER EVEN THOUGH IT IS A DEMOLITION ORDER.
AND, UH, JUST TO FOLLOW UP, UH, TO THE OWNERS AND, AND THE, UH, UH, MR. SP, UH, DO Y'ALL UNDERSTAND THAT PROPERLY, WHAT HE JUST SAID? YES.
YES, THIS IS DAVID Y YES, WE UNDERSTAND IT, BUT LET'S BE EVEN TEMPERED PLEASE.
ANYTHING ELSE IN, I MEAN, COMMISSIONER CAMPBELL
COMMISSIONER SIG, I MOVE THAT TO, I MOVE TO CLOSE THE HEARING AND ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER SECOND.
UM, WE'LL, WOULD LIKE TO CLOSE THE PUBLIC PART, PART OF THE HEARING FIRST.
DOES ANYBODY OBJECT TO THAT? NO, THANK YOU.
WE'LL CLOSE THAT AND NOW WE HAVE A MOTION AS WELL AND A SECOND ON THAT MOTION TOO.
ANY COMMENTS OR CAN I MOVE FORWARD AND START? UM, UH, COMMISSIONER BENIGNO.
YEAH, I'M JUST CURIOUS, UM, IF THERE'S ANY VALUE IN EXTENDING THE TIMELINE.
I KNOW THAT THERE'S NOT A A HIGH AMOUNT OF RISK WITH THE TIMELINE IF THEIR PAPERWORK IS IN ORDER IN GETTING PROCESSED, BUT I IMAGINE HAVING A SMALL AMOUNT OF DAYS AND A DEMOLITION ORDER MIGHT BE A BIT OF RISK THAT THEY WOULD PREFER MITIGATED.
THAT'S, UM, YEAH, THAT'S VERY REASONABLE.
I THINK IN THE PAST WHAT WE'VE HEARD FROM STAFF IS THAT, UM, THEY DO HAVE SOME ITEMS ON THE SCHEDULE, SO IT DOES TAKE A WHILE FOR THEM TO EVEN GET TO THE ORDERS IN THE FIRST PLACE.
[01:00:01]
IS ESSENTIALLY NOT REALLY 45 DAYS.AND IF I'M WRONG, PLEASE, UH, LET ME KNOW.
MR. MOORE? YEAH, YOU COULD PROBABLY TACK ON FOR THIS ONE, ANOTHER THREE MONTHS, TWO TO THREE MONTHS, DEPENDING, I MEAN, WE COULD MOVE RIGHT AWAY BECAUSE IT IS FIRE DAMAGED, BUT IT WOULD STILL BE TWO TO THREE MONTHS BEFORE WE WOULD MOVE IN FOR DEMO.
UM, BUT AGAIN, IF THEY, AS SOON AS THEY START, WE WOULDN'T, YOU KNOW, BE EVEN WORKING ON THAT PAPERWORK.
WELL, CAN I FOLLOW UP WITH A QUESTION THERE, COMMISSIONER? BENIGN? NO.
DOES, DOES STARTING MEAN LIKE PERMITS APPLIED FOR AND BEING GRANTED OR DOES THAT MEAN ACTUAL PHYSICAL WORK STARTING? BECAUSE I DO SEE A SCENARIO WHERE PAPERWORK COULD GET HELD UP FOR TWO MONTHS OR THREE MONTHS AND THEN ALL OF A SUDDEN WE'VE GOT A HOUSE THAT'S TRYING TO BE REPAIRED THAT HAS A DEMO ORDER ON IT.
SO I COULD IN THEORY, BE IN FAVOR OF CHANGING IT TO A REPAIR ORDER OR EXTENDING THE TIMELINE.
WELL PAST 45 DAYS, I THINK I'M IN FAVOR OF DOING ONE OF THOSE TWO THINGS DEPENDING ON WHAT THE REST OF THE COMMISSION THINKS.
I'LL, UM, MADAM THINK, COMMISSIONER SOAD, WHAT, WHAT DO YOU THINK? UH, THANK YOU MADAM CHAIR.
UM, I DON'T, SO I, I GATHER, UH, UH, IF COMMISSIONER BENIGNO WOULD YIELD FOR A QUESTION, UM, WHAT TIMEFRAME DID YOU HAVE IN MIND, COMMISSIONER? I THINK WE'VE DONE, I, I, I CAN'T REMEMBER OFF THE TOP OF MY HEAD.
UM, I DON'T KNOW IF WE NEED TO DO THAT, BUT I THINK 60 SEEMS REASONABLE OR CHANGE JUST CHANGING IT TO A REPAIR ORDER SINCE THEY CLEARLY ARE INTENDING TO REPAIR AND HAVING A DEMO ORDER HANGING OVER IT.
I KNOW THAT I, AGAIN, I KNOW THAT THAT'S NOT JUST GONNA GET DEMOED OUT FROM UNDER THEM.
UM, SO THIS ISN'T, I DON'T FEEL LIKE IT'S, I'M TOTALLY UNFAIR THE WAY IT'S SET UP RIGHT NOW.
I JUST, I THINK IT, THEY'RE CLEARLY TRYING TO HANDLE IT PROFESSIONALLY AND, AND SOME RISK MITIGATION ON OUR END.
SO THAT'S, THAT'S WHAT I, HOW I SEE IT.
IF I MAY, I'M GOING TO MADAM CHAIR, I'M GONNA PUT THE QUESTION TO, UM, UM, INSPECTOR PATERNO AND STAFF, UH, IF, UH, 60 DAYS WOULD, WOULD BE A SOURCE OF DISCOMFORT OR HEARTBURN IN LIGHT OF THE CONDITION OF THE PROPERTY? FOR ME PERSONALLY, NO.
I KNOW THAT THE NEIGHBORHOOD, UM, HAS REALLY BEEN UP IN ARMS ABOUT THIS PROPERTY SO MUCH SO THAT FRIDAY I GOT A PRETTY HEATED EMAIL FROM ONE OF THE NEIGHBORS JUST IN RELATION TO, UM, THE CONTRACTORS BEING THERE.
I HAD BEEN THERE EARLIER IN THE DAY AND I KNEW THAT THEY WERE KIND OF CLEANING THE PROPERTY OUT.
WELL, THE NEIGHBORS WERE NOT TRYING TO HEAR THAT, ESPECIALLY SINCE THEY HAD THE GATE OPEN.
SO AGAIN, FOR ME, 60 DAYS IS NOT A PROBLEM, BUT I THINK THE COMMUNITY THAT IT'S A PROBLEM FOR THEM.
ALRIGHT, UH, THANK YOU INSPECTOR AND UH, THANK YOU MADAM CHAIR.
OKAY, SO THESE ARE MADAM CHAIR, IF I MAY, OH, I'M HEARING THEM.
ALTHOUGH THAT WE, THE 60 DAYS WOULD BE FINE, BUT WE WOULD ASK THAT YOU KEEP THE ORDER AS IS, UH, FOR DEMOLITION.
WE HAVE HELD THIS CASE FOR ALMOST A YEAR NOW AND HAVE WORKED WITH THE COMMUNITY AND INSPECTOR PATERNO HAS WORKED WITH THE, UM, SON OF THE OWNER OF THIS HOME, UH, FOR QUITE SOME TIME AND FOR IT TO BE EXISTING FOR A YEAR AND ALLOWING, UH, PERSONS EXPERIENCE IN HOMELESSNESS, UH, TO CONTINUE TO, UH, LIVE IN IT AND TO, TO CONTINUE TO, UH, UTILIZE THE TRAIN CARTS THAT ARE IN THE YARD, UH, TO CONTINUE TO, UH, HAVE FIRES THAT ARE CONSISTENT BECAUSE THAT IS NOT THE ONLY FIRE THAT HAS OCCURRED.
THERE ARE FOUR OTHER FIRES THAT HAVE OCCURRED, UH, JUST WITH, UH, UH, PEOPLE EXPERIENCING HOMELESSNESS, JUST TRYING TO STAY WARM AND WE UNDERSTAND IT, BUT THERE HAS TO BE A CHECK AND BALANCES, UM, SO THAT THE PERSON'S QUALITY OF LIFE IN THESE COMMUNITIES CAN CARRY ON.
THANK YOU FOR THAT BACKGROUND INFORMATION.
SO COMMISSIONER, UM, I'M GONNA GO FIRST OF COMMISSIONER CAMPBELL AND THEN COMMISSIONER LUGO.
AND THEN COMMISSIONER NOTE I WAS GONNA SUGGEST THAT IN LIGHT OF THE PROPERTY OWNERS SEEMING TO HAVE, YOU KNOW, THE EYE ON THE BALL AND ACTUALLY BEING ON TRACK TO, TO RESOLVE THIS, IT SEEMS AS THOUGH WHAT ACTUAL DATE WE SET DOESN'T NECESSARILY CHANGE WHEN THIS WILL GET RESOLVED.
UM, AND IT KIND OF SEEMS LIKE THE MOST, YOU KNOW, REASONABLE EXPECTATION FOR THIS GETTING RESOLVED IS TO LET THE PROPERTY OWNERS REDEVELOP THE PROPERTY OR FIX THE PROPERTY, UM, UNABATED,
[01:05:01]
JUST IN LIGHT OF THE COMMUNITY'S CONCERNS AND THE FACT THAT WE HAVE PEOPLE HERE FROM THE NEIGHBORHOOD AND WE HAVE A LETTER FROM PEOPLE IN THE NEIGHBORHOOD AND OUR EXHIBITS, I THINK THAT 45 DAYS SHOULD BE FINE.I DON'T NECESSARILY SEE A REASON TO EXTEND IT BEYOND THAT.
JUST, YEAH, IT, IT SEEMS TO ME AS THOUGH IT DOESN'T NECESSARILY CHANGE HOW FAST THIS WILL GET RESOLVED.
AND, YOU KNOW, PUTTING A SMALLER TIMEFRAME AGAIN DOESN'T NECESSARILY CHANGE ANYTHING, BUT IT DEFINITELY ENCOURAGES PROMPTNESS.
I I HAVE THE SAME THOUGHTS ACTUALLY ABOUT, UM, IT'LL BE AN INCENTIVE FOR THE OWNERS TO MOVE QUICKER.
NOW, COMMISSIONER OLUGO, AND I THINK I WANTED TO SORT OF, UH, PIGGYBACK OFF COMMISSIONER IL'S POINT.
I THINK WHEN WE'RE TALKING ABOUT, UH, AMENDMENTS, I THINK IT'S IMPORTANT TO HAVE REFERENCE POINTS AND PRECEDENCE AND I, I SORT OF THROW BACK IN MY MIND TO THE, UM, DEMO ORDER THAT WE HAD FOR A HISTORICAL PROPERTY IN DOWNTOWN AUSTIN, I BELIEVE, UH, THAT WAS MUCH MORE TIGHTLY CONTROLLED.
THERE WEREN'T REALLY ISSUES WITH HOMELESSNESS IN THERE.
IT WAS REALLY PROPERLY GUARDED AND WELL BOARDED UP AND WE HAD STILL HAD IT BE A DEMO ORDER, BUT JUST FOR A MUCH MORE LONGER TIME PERIOD.
AND I WOULD SAY FOR THIS PROPERTY, CONSIDERING THE FACT THAT IT HAS NOT REALLY BEEN, UH, SUCCESSFULLY MANAGED AND BOARDED UP AND CONSIDERING THE HEIGHTENED FIRE RISK, I THINK A SORT OF MORE DISCIPLINED MANDATE OF 45 DAYS CONSIDERING HOW CLOSE THEY ARE TO PERMITTING IS I THINK, UM, BOTH ALIGNED WITH OUR PREVIOUS DECISION DECISION MAKING AND PRUDENT CONSIDERING THE RISK SCENARIOS WE HAVE HERE.
UM, COMMISSIONER BENIGNO? YEAH, I THINK Y'ALL HAVE CONVINCED ME, UM, MY INTENT WAS CERTAINLY NOT TO EXTEND WHEN THE WORK WOULD ACTUALLY BEGIN OR THE COMPLETION OF THE TIMELINE.
CLEARLY THIS IS AN URGENT SCENARIO.
I JUST WAS TRYING TO, I GUESS, GIVE THEM CREDIT FOR SEEMINGLY HAVE HAVING, UM, YOU KNOW, A CONTRACTOR IN PLACE AND PERMITS IN THE UNDER UNDERWAY.
BUT, UM, I, I DEFINITELY, THE INTENT WAS NOT TO EXTEND WHEN WORK WOULD BEGIN OR FINISH.
UM, BUT I THINK, UH, Y'ALL'S POINTS OF NEIGHBORHOOD CONCERNS, PUT PRESSURE ON THEM, UH, IS VALID AND I THINK, UM, THEY SHOULD BE ABLE TO GET, YOU KNOW, SHUTTLES ON THE GROUND METAPHORICALLY, UH, WITHIN 45 DAYS.
SO I THINK, UM, WHAT WE ALL UNDERSTAND IS THAT THE OWNERS WANTED CONTINUED COOPERATION AND I GUESS COLLABORATION TO SOME EXTENT WITH THE CITY OF BOSTON DEVELOPMENT SERVICES, UH, DEPARTMENT.
SO THEY, I I BELIEVE THAT THERE'LL BE NOBODY MOVING FORWARD IF WE CAN SEE PROGRESS.
SO EVERYBODY'S ON THE SAME PAGE IT SOUNDS LIKE.
UM, I DON'T THINK THE ORDER WOULD HURT, BUT I'M GOING TO GO AHEAD AND JUST MAKE SURE WE DO THE VOTING AND I WILL START THIS TIME WITH COMMISSIONER BENO.
SO WE WILL GO AHEAD AND MAIL THIS OUT TO YOU, MR. SUT, AND WE HOPE THAT EVERYTHING GOES WELL WITH YOUR BUILD OUT AND, UM, THAT ALL THE PERMITTING GOES SMOOTHLY AS WELL.
SO WE WILL PROBABLY DO NUMBER SIX AND THEN GO BACK TO NUMBER THREE AT THE VERY END ON THE AGENDA.
[6. Case Number: CL 2023-130579]
ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 2 0 2 3 DASH 3 0 5 79 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 1 0 0 SUMMIT STREET.THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED.
THE CASE WAS OPENED IN MAY, 2023 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
CONDITIONS ARE CONSIDERED DANGEROUS, UNSAFE, AND SUBSTANDARD AND RE REQUIRE REPAIR.
[01:10:02]
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 RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICE OF VIOLATION, NOTICE OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M AND THE RECOMMENDED ORDER CODE INSPECTOR JOSEPH YOST IS HERE TONIGHT.
UH, TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR YOST, PLEASE BEGIN YOUR TESTIMONY.
I AM A CITY OF AUSTIN CODE INSPECTOR.
THE CASE I'M PRESENTING BEFORE YOU WILL BE FOR THE PRIMARY STRUCTURE LOCATED AT 1100 SUMMIT STREET ON MAY 11TH, 2023.
AUSTIN CODE RECEIVED THIS COMPLAINT SINCE THE INITIAL INSPECTION AND SUBSEQUENT INSPECTIONS, THE PROPERTY WAS FOUND TO BE OPEN, ACCESSIBLE TO THE PUBLIC AND TO HAVE MULTIPLE EXTERIOR IPMC VIOLATIONS.
THE CITY OF AUSTIN SECURED BY COMPLETING AN EMERGENCY BOARD AND SECURE PROCESS ON THAT DATE.
ON MAY 12TH, 2023, THE PROPERTY WAS POSTED WITH THE NOTICE OF VIOLATION SINCE MAY 11TH, 2023 THROUGH FEBRUARY SEC SECOND 2024.
MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE AND ON FEBRUARY 2ND, 2024, I COMPLETED COMPREHENSIVE INSPECTION OF THE EXTERIOR PROPERTY AND FOUND NUMEROUS IPMC VIOLATIONS.
THE FACTS OF THE CASE ARE AS FOLLOWS.
UH, PHOTO TWO A IS A CONTEXTUAL PHOTOGRAPH OF 1100 SUMMIT STREET.
THE PHOTO, UH, EXHIBIT TWO B IS A PHOTO SHOWING MULTIPLE EXTERIOR DEFICIENCIES FROM THE FRONT OF THE STRUCTURE WITH EXAMPLES OF HOLES IN THE EXTERIOR WALLS.
BROKEN WINDOWS AND THE STRUCTURE HAVEN'T BEEN SECURED FROM EASY PUBLIC ACCESS.
EXHIBIT TWO C IS A PHOTO FROM THE INSPECTION ON OCTOBER 19TH, 2023, SHOWING HOLES IN EXTERIOR WALLS AND SUBSTANDARD SIDING ALONG WITH EXCESS POINTS SECURED.
EXHIBIT 2D IS A PHOTO OF THE UNDERNEATH PORTION OF THE DECK LOCATED AT THE FRONT OF THE STRUCTURE WITH AREAS IDENTIFIED AS BLACK HAVING OCCURRED DUE TO A FIRE.
EXHIBIT TWO E IS A PHOTO FURTHER ILLUSTRATING THE STATE OF DISREPAIR WITH HOLES PRESENT ALONG WITH EXTERIOR WALL TO THE FRONT OF THE STRUCTURE AND SHOWING THAT THE GARAGE DOOR IS NOT PROPERLY MAIN IN A MAINTAINED STATE ALONG WITH OPENING SECURED BY THE CITY.
TWO F SHOWS THE TOP PORTION OF THE FRONT OF THE FACADE OF THE STRUCTURE WITH UNMAINTAINED WINDOWS WITH MISSING GLAZING AN ADDITIONAL HOLE AND SIDING LOCATED NEAR THE DOOR.
AND THE OPENING SECURED TWO GS.
THE PHOTO OF THE SOUTH SIDE OF THE STRUCTURE EXHIBITING THE CURRENT STATE OF ITS AESTHETIC VALUE ALONG WITH THE RETENTION WALL AND THE EXTERIOR SUPPORT BEINGS IN PLACE.
TWO H IS A PHOTO SHOWING FURTHER POINTS OF INTEREST REGARDING THE CITED FOUR VIOLATION OF EXTERIOR WALLS NOT BEING MAINTAINED WITH HOLES.
CRACKS PRESENT ALONG WITH FORMER LOCATION OF THE STRUCTURED POWER SUPPLY SYSTEM THAT HAS BEEN REMOVED, SUPPORTING THE IDEA THAT THE STRUCTURE DOES NOT CURRENTLY HAVE ELECTRICITY PROVIDED TO IT.
TWO EYES SHOWING, UH, EXTERIOR HOLES IN IN, IN THE WALLS TO THE SOUTH OF THE STRUCTURE AT THE BASE, UH, MISSING PORTIONS THEREOF AND ALONG WITH SOME GRAFFITI.
UH, TWO J AND 2K ARE PHOTOS OF THE REAR SIDE OF THE STRUCTURE WITH EXTERIOR WALL HOLES.
CRACKS PRESENT IN THE SIDING AND AND OPENING SECURED TWO L TWO L ARE MORE EXAMPLES OF HOLES THAN DECAY IN THE STRUCTURE.
SIDING WINDOWS BROKEN AND UNMAINTAINED ALONG WITH A SECURED OPENING TO THE STRUCTURE.
AND FINALLY, TWO M IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THAT PROPERTY OWNERSHIP HAS CLEANED THE PROPERTY FROM THE INITIAL COMPLAINT AND IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE.
THIS CONCLUDES MY PRESENTATION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF
[01:15:01]
FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH DANGEROUS, UNSAFE AND 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.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN 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, CORRECT ALL VIOLATIONS CITED TO THE STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B 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 AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO A THROUGH TWO M.
UM, AND I BELIEVE WE HAVE MS. THOMAS HERE AS WELL AS MR. LONGORIA.
YEAH, YOU CAN GO AHEAD AND SIT AND, UM, IF MR. LONGORIA IS SPEAKING, YOU CAN ALSO JOIN HER.
UM, SO YOU HAVE THREE MINUTES TO LET US KNOW WHAT'S GOING ON AND WHAT YOU'D LIKE THREE EACH.
UM, TO LET US KNOW WHAT'S GOING ON AND WHAT YOU'D LIKE THE COMMISSIONERS TO DO FOR YOU TONIGHT.
I'M THE PROPERTY OWNER AT 1100 SUMMIT STREET.
UM, MY GOAL IS TO GET BACK IN MY HOUSE.
UM, IT'S BEEN UNINHABITED FOR MANY YEARS NOW.
UM, I BASICALLY WALKED OUT TO TAKE CARE OF MY MOTHER FOR EIGHT YEARS AND WHEN I WAS NO LONGER NEEDED THEN, UM, THE WINDOWS HAD BEEN, HAD FALLEN, SOME OF THE WINDOW PANES HAD FALLEN OUT AND THE NEIGHBOR'S TREE HAD RIPPED THE MAJOR POWER LINE THAT COMES FROM THE POLE TO THE HOUSE OFF OF THE SIDE OF THE HOUSE.
AND OF COURSE, HE DIDN'T WANNA PAY FOR IT.
SO, UM, I HAD NO MONEY AT THE TIME TO GET BACK IN THERE.
UM, THEN PROBABLY A YEAR AGO, THE TRANSITS HOMELESS CAME IN, UM, RIPPED OFF SOME THINGS, BUT BASICALLY LEFT THE REST OF IT ALONE.
THEN THEY CAME BACK SIX MONTHS LATER PROBABLY, AND DESTROYED THE ENTIRE INSIDE OF THE HOUSE AFTER THEY SOLD WHAT THEY COULD SELL FOR A NICKEL, THEY HAULED OFF ALL THE METAL, ALL THE METAL, AND SOLD IT FOR SCRAP.
THEY CAME BACK LATER RIPPED OFF THE COPPER WIRING, THE COPPER PLUMBING, UM, ANYTHING.
THEY WENT THROUGH EVERYTHING IN THE HOUSE AND WHAT THEY DIDN'T WANT, THEY THREW THROUGH THE WINDOWS INTO THE YARD.
UM, I'VE BEEN WORKING ON IT BASICALLY BY MYSELF.
MY HEAD'S BEEN HELPING ME SOME, UH, GETTING STUFF HAULED OFF.
WE'VE HAULED OFF TRUCKLOADS OF THE CONTENTS.
UM, HE BROUGHT EIGHT PEOPLE WITH HIM.
WE CLEARED OUT THE YARD, CLEARED OFF ALL THE STUFF THAT HAD BEEN BROUGHT IN BECAUSE THEY WERE BRINGING STUFF IN TO THE YARD AS WELL.
UM, I'VE BEEN WORKING TO GET MONEY LINED UP, GET VENDORS LINED UP, UM, FIGURE OUT HOW MUCH IT'S GONNA COST.
I'VE GOT PLANS A, B, C, AND D TO GET IT INHABITABLE AGAIN SO THAT I CAN GO BACK IN THERE.
UM, I REALLY WANNA GET BACK IN MY HOUSE.
UM, SO CAN YOU TELL US, DO YOU HAVE ANYTHING
[01:20:01]
ELSE AS FAR AS A TIMELINE FOR YOU TO GET BACK IN THERE OR ANY OTHER RESOURCES THAT YOU'D BE USING TO EXPEDITE THIS? YES.UM, I'VE, I'VE LINED UP MONEY PARTIALLY THROUGH HIM, PARTIALLY THROUGH A FRIEND OF MINE.
I'VE BEEN TO THE BANK TO GET WHAT THEY WOULD CHARGE ME FOR INTEREST LOAN ON A 72 MONTH LOAN.
UM, PLAN C IS TO RETIRE AND TAKE MY 401K AND USE THAT.
UM, I DON'T WANNA, I MEAN, I'VE BEEN WORKING ON THINGS THAT I CAN DO MYSELF WITHOUT A PERMIT BECAUSE IT'S, I DON'T WANT THE TIME TO RUN OUT.
SO WHEN I GET, I'VE GOT A PERMIT EXPEDITER IN, UH, RESERVE.
I MEAN, I'VE PUT DOWN MONEY AND SHE'S, SHE SAID THAT SHE WOULD WORK ON IT.
I'VE PAID PROBABLY A ALMOST A THOUSAND DOLLARS FOR HER.
UM, I'VE GOT ABOUT SIX THOU, 6,000 THAT I CAN SHOW YOU THAT I'VE PUT IN TO GET THINGS GOING OVER THERE.
UM, ONCE, ONCE I GET THE PERMITS AND GET THINGS ROLLING, I'M GUESSING IT'S GONNA TAKE, YOU KNOW, 60, 90 DAYS DEPENDING ON THE VENDORS AND, AND THE CONTRACTOR THAT I'M GONNA USE.
UM, I'M GONNA TRY TO DO A LOT OF THE WORK MYSELF.
'CAUSE THAT'S WHAT I'VE ALWAYS DONE.
WHENEVER IT WAS IN VIOLATION, PROBABLY 10 YEARS THROUGH, YOU KNOW, IT GOT INSPECTED, IT GOT CLEARED, UH, HIRED A, A ELECTRICIAN TO PUT IN ALL NEW WIRING.
IT NEEDS THE WIRING, IT NEEDS THE COPPER OR IT NEEDS NEW PLUMBING.
AND I'M HOPING TO, TO REPAIR EVERYTHING PRETTY MUCH.
SO AS SOON AS I CAN GET, GET THE GO AHEAD TO DO WHAT I NEED TO DO, THAT'S WHAT I PLAN, THAT'S WHAT MY PLAN IS.
I WILL GO AHEAD AND TURN IT OVER TO THE OTHER COMMISSIONERS.
I DO HAVE A COUPLE OF THE QUESTIONS, BUT I THINK YOU'VE TOLD US ENOUGH, BUT YOU HAVEN'T GIVEN ME A SPECIFIC AMOUNT OF TIME THAT YOU THINK YOU'D NEED, EVEN THOUGH YOU SAID THE MONEY IS COMING.
SO SOUNDS LIKE YOU HAVE THE MONEY COMING, YOU HAVE SOME POTENTIAL PEOPLE THAT CAN HELP YOU AS LONG AS YOU HAVE THE MONEY.
UM, I HAVE THE MONEY LINED UP.
HE'S GONNA HELP ME WITH THE ROOF, THE $5,000 ROOF.
UM, I HAVE ANOTHER FRIEND WHO'S WHO SAID THAT SHE WOULD LOAN ME MONEY.
IN THE MEANTIME, IF I END UP GOING TO RETIREMENT AND GETTING MY 401K, IT'S THREE MONTHS FOR THEM TO SEND ME THE MONEY.
SO I'M THINKING THREE MONTHS, FOUR MONTHS AT MAX.
ONCE I GET THE PAPERWORK SENT THROUGH AND GET THAT GOING.
MS. THOMAS, UH, IS THERE INSURANCE CLAIM SINCE THERE'S VAN? OH, NO.
YOU CAN'T, YOU CAN'T, YOU CAN'T PUT INSURANCE ON A HOUSE THAT NOBODY LIVES IN.
UM, I DON'T THINK WE HAVE ANY OTHER QUESTION.
OH, COMMISSIONER SIG HAS THE BANK THAT YOU'RE APPROACHING, HAVE THEY ASKED YOU FOR A TIMELINE AND A DETAILED PLAN? NO, I HAVEN'T GONE THAT FAR THAT THEY, THEY GAVE ME THE RATES, WHICH IS 10.99% FOR 72 MONTHS.
UM, SHE DIS SHE DID AN ESTIMATE BECAUSE SHE SAID MY CREDIT SCORE IS HIGH THAT, UM, THEY WOULD DO THE 10.99% ON A PERSONAL LOAN.
IT WOULDN'T BE A HOUSE LOAN BECAUSE YOU CAN'T GET A HOUSE LOAN OR AN EQUITY LOAN ON A HOUSE THAT NOBODY LIVES IN.
UM, SO, UM, UM, I FORGOT WHAT ELSE I WAS GONNA SAY.
UM, OH, SHE DIDN'T DO A HARD HIT ON MY, UH, CREDIT RATING BECAUSE I'M NOT, I DON'T KNOW THAT THAT'S WHAT I'M GONNA DO YET.
SO THAT'S WHY SHE SAID IT WAS A 10.99 PERSONAL LOAN.
SO, UM, I JUST HAVE SOME CONCERNS TO BE HONEST, BECAUSE YOU SOUND, YOU SOUND VERY CONFIDENT AND VERY CAPABLE,
[01:25:01]
I HAVE TO SAY.'CAUSE YOU SAID YOU'VE DONE THIS WORK BY YOURSELF BEFORE.
UM, WHEN I LOOK AT THE NOTICE OF VIOLATION, THERE ARE QUITE A FEW THINGS THAT NEED TO BE DONE.
SO MR. LONGORIA IS GONNA HELP YOU ALONG THE WAY.
UM, YOU KNOW, I, I THINK THAT I'M NOT HEARING ANY CERTAINTY AS FAR AS WHEN, TO BE HONEST, OTHER THAN, OH, I WOULD LIKE TO BE BACK IN THERE BY JUNE.
SO YOU ARE MOVING FORWARD REGARDLESS OF WHAT IS TONIGHT? YEAH.
UM, I DON'T HAVE ANYTHING ELSE.
SO WOULD ANYBODY LIKE TO DO ANYTHING ABOUT THE PUBLIC PART OF THE HEARING? COMMISSIONER CAMPBELL? UH, I'D LIKE THE MOTION TO CLOSE THE PUBLIC PART OF THE THANK YOU.
UM, ANY OBJECTIONS TO CLOSING THE PUBLIC PART OF THIS HEARING? ALL RIGHT.
ANY QUESTIONS, COMMENTS, DISCUSSIONS BEFORE WE, UH, COMMISSIONER CAMPBELL? GO AHEAD.
SO, IN LIGHT OF THE FACT THAT THE PROPERTY OWNER SEEMS, YOU KNOW, TO HAVE A PERSONAL CONNECTION TO THIS PROPERTY AND TO, YOU KNOW, IT, FRANKLY, IT SEEMS LIKE YOU ARE MOVING ALONG WITH THIS, UM, YOU'RE NOT ONE OF THESE ABSENTEE PROPERTY OWNERS.
UM, I THINK THAT THE QUESTION HERE IS ABOUT TIMING AND WHAT KIND OF PENALTY WE WANT TO POTENTIALLY IMPOSE.
UM, PERSONALLY, I, I, I THINK THAT I'D BE FAVORABLE TO EXTENDING THIS OUT TO 90 DAYS, UM, AND LOWERING THE PENALTY BECAUSE FRANKLY, IN, IN A SITUATION WHERE IT DOES SEEM LIKE YOU HAVE A PERSONAL CONNECTION, I I DON'T NECESSARILY THINK THAT LIKE THE FINANCIAL INCENTIVE MATTERS AS MUCH HERE.
YOU KNOW, WE CAN KEEP SOME OF THAT, UH, BE BECAUSE IT IS THE TYPICAL STRUCTURE.
BUT, UM, I, I MEAN, I'M JUST SAYING THAT I PERSONALLY FEEL VERY COMFORTABLE WITH INCREASING THE TIMELINE AND LOWERING THE PENALTY.
LOWERING THE CIVIL PENALTY PER WEEK.
UM, COMMISSIONER OLUGO, UM, MORE OF A QUESTION TO COMMISSIONER CAMBELL.
IS THERE A SPECIFIC, UM, PENALTY WEEK, UH, PENALTY PER WEEK THAT YOU WOULD THINK WOULD BE IDEAL HERE? UH, I WAS THINKING, UM, IN ADDITION TO EXTENDING THAT OUT TO 90 DAYS, ALSO REDUCING THE CIVIL PENALTY TO ONE 50 PER WEEK, IF THAT'S AGREEABLE TO HOW THE COMMISSION IS.
UM, DOES THAT ANSWER YOUR QUESTION, COMMISSIONER? OKAY.
AND I HAD A QUESTION FOR INSPECTOR YOS.
UM, I, IT LOOKS LIKE THE PROPERTY IS SET AWAY FROM THE NEIGHBORING HOMES, CORRECT? IT IS.
SO WE PROBABLY DON'T HAVE ANY LIKE, HUGE RISK.
A LOT OF IT IS BOARDED UP ALREADY.
UM, I, I AM LEANING, I'M LEANING TOWARDS THE MORE TIME MYSELF AND GIVEN THE CIRCUMSTANCES AND THE FACT THAT THE OWNER HADN'T BEEN IN THERE, BUT SHE WAS TRYING, SHE ALREADY CLEARED THE PROPERTY OUT QUITE A BIT AS WELL.
THE, THE CLUTTER AND THE DEBRIS AND EVERYTHING, IS THAT RIGHT? YES.
SO SHE, YEAH, WE'RE SEEING SOME FORWARD MOVEMENT AND I'M COMFORTABLE, I PERSONALLY AM COMFORTABLE WITH EXTENDING THE TIME.
I'M ALSO COMFORTABLE WITH LOWERING THE, THE WEEKLY PENALTY AS WELL.
UM, BECAUSE I THINK THAT IF FOR SOME REASON THIS DOES EXTEND OUT THE, THE WORK ON THE, THE PROPERTY EXTENDS OUT AND THE PENALTIES, PENALTIES DO KICK IN, UM, I WOULDN'T WANT IT TO BE A HUGE BURDEN ON YOU.
UM, AND THIS IS ONCE YOU START FIXING IT, 'CAUSE I DON'T KNOW THE STATUS RIGHT NOW, THIS IS NOT CONSIDERED YOUR HOMESTEAD BECAUSE YOU DON'T LIVE IN THERE? WELL, I MEAN, IT HAS, IT HAS BEEN OKAY.
YOU DON'T HAVE ANY HOMESTEAD ANYWHERE ELSE? NO.
SO THERE IS A POTENTIAL THERE.
ONE, ONE OTHER THING I WAS GONNA ASK IS IF THERE'S ANY WAY TO REDUCE OR REMOVE THE BOARDING UP FEES? 'CAUSE IT'S OVER $2,000 IF I COULD JUST PAY FOR LIKE, THE BOARDS AND THE SCREWS OR, YOU KNOW, FOR THE CREW OR WHATEVER.
UM, AND THE OTHER THING IS I TRIED TO GET THE CITY TO TAKE AWAY THE, THE, UH, RECYCLE BUCKETS BECAUSE WE KEEP CLEARING THEM OUT AND PEOPLE KEEP FILLING 'EM UP AND THE CITY WON'T TAKE 'EM BECAUSE IT'S TRASH.
[01:30:01]
I WAS TOLD THAT I WOULD HAVE TO HAVE A NEIGHBOR TAKE THEM AND THEN CALL THE CITY TO CLAIM THAT THEY'RE ORPHANED CANS.UM, GIVE ME JUST ONE SECOND TO KIND OF SEPARATE THE ISSUES HERE.
SO I THINK THAT'S A DIFFERENT DEPARTMENT.
THAT'LL PROBABLY BE THE SANITARY, UH, DEPARTMENT RESOURCE RECOVERY.
WE ALREADY, WHAT IS IT CALLED? IS IT, UH, RESOURCE RECOVERY, I THINK.
NOW WE'VE, UM, CLOSED THE PUBLIC PART OF THE HEARING.
SO MY, IT'S MY, I'M THE ONE THAT KIND OF REOPENED THIS BY ASKING YOU A QUESTION AND THEN YOU ASKED THE QUESTION BACK.
SO YOUR FIRST QUESTION TO, I'LL LET STAFF, UM, TELL US MORE ABOUT THE FEES FOR THE BOARDING.
AND THEN, UM, COMMISSIONER SIG, DID YOU HAVE A QUESTION? OKAY.
COMMISSIONER FRANCIS DID NOBODY.
SO STAFF, WHAT, WHAT ARE THOSE OTHER FEES ABOUT BOARD? THE, THE BOARDED UP, UH, WINDOWS AND THE DOORS AND EVERYTHING? YEAH.
UNFORTUNATELY FOR THE BOARDING AND SECURING THAT IS THE, THAT'S MONEY THAT THE CITY HAS ALREADY LOST IN HIRING CONTRACTORS AND WHATNOT.
UM, THEY DO HAVE AN APPEAL TIMEFRAME FOR THAT, AND THAT'S PROBABLY, IT'S WITHIN 10 DAYS OF THE BOARDING.
SO, UM, THAT WOULD'VE BEEN THE TIME TO REFUTE THAT COST.
BUT YEAH, AS OF RIGHT NOW, IT, IT'S A LIEN.
UM, DID YOU UNDERSTAND THAT MS. THOMAS? YEP.
SO YOU MIGHT BE ABLE TO APPEAL AND THEN THE OTHER ISSUE WITH YOUR TRASH, UH, THE, THE PEOPLE PUTTING TRASH INSIDE YOUR RECYCLE, I WOULD THINK YOU PROBABLY COULD PUT THAT INSIDE THE BUILDING YOURSELF RATHER THAN HAVE IT REMOVED.
BUT YOU HAVE TO TALK TO THE RIGHT DEPARTMENT IN THE CITY ABOUT THAT.
SO THAT'S NOT TONIGHT'S ISSUE, YOU UNDERSTAND? RIGHT.
UM, COMMISSIONERS, ANYTHING ELSE? COMMISSIONER CAMPBELL? UH, I'LL JUST GO AHEAD AND MAKE THE MOTION.
SO I'M GOING TO MOTION TO, UH, ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND, UH, DO STAFF'S RECOMMENDED ORDER, BUT WITH THE CHANGES THAT TO 0.1, IT'LL BE WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.
AND FOR 0.2, THAT ON THE 40, THAT ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $150 PER WEEK.
DID EVERYBODY UNDERSTAND THE MOTION AS IT WAS? IT WAS READ TO US.
DISCUSSIONS, COMMENTS, OR I CAN CALL THE VOTE.
AND, AND COMMISSIONER SOAD AYE.
THANK YOU VERY MUCH EVERYBODY.
UM, YOU WILL BE RECEIVING A COPY OF THAT ORDER IN THE MAIL.
UM, THE COMMISSIONER IT GIVE YOU, YOU HEARD EVERYTHING WE, WE SAID, RIGHT? YES, SIR.
BUT TRY TO EXPEDITE IT AS MUCH AS POSSIBLE, OBVIOUSLY.
UM, AND THEN THAT WAY THE PENALTIES WILL NOT KICK IN.
I WILL BE IN TOUCH WITH MY DE DEVELOPMENT GUY AT THE, AT THE WILMA OKAY.
UH, AND MAKE SURE YOU KEEP ALL YOUR RECEIPTS AND CA UH, CANCELED CHECKS AND WHATEVER, INVOICES AND WHATNOT, BECAUSE AFTER YOU'VE REPAIRED EVERYTHING, THAT CAN BE A, UH, FOR THE VIOLATIONS THAT WE'VE, UM, WRITTEN UP THAT CAN BE APPLIED TO OFFSETTING THAT.
SO YOU'LL HAVE TO RETURN, YOU UNDERSTAND? YES, MA'AM.
[3. Case Number: CL 2023-155868 (Part 2 of 2)]
DO WE HAVE THE INFORMATION IN OUR FOLDERS OR SOMEWHERE ELSE OR HARD COPIES? SHOULD HAVE IT NOW.I BELIEVE HARD COPIES IN IT SHOULD BE IN THE FOLDER OR THE, THE GOOGLE DRIVE.
WHAT ABOUT COMMISSIONER BENIGNO? WOULD WE BE ABLE TO EMAIL? IT'S, IT'S IN THE FOLDER.
IT'S IN THE GOOGLE DOC, THE GOOGLE DRIVE FOLDER IN HIS FOLDER AS WELL.
ALRIGHT, I'LL, YEAH, I'LL CHANGE, I CAN CHANGE THE SCRIPT.
ITEM NUMBER THREE IS CASE NUMBER C 2 0 2 3 DASH 1 55 8 68 AND IS REGARDING A RESIDENTIAL, UH, DUPLEX PROPERTY LOCATED AT 6 1 0 4 CONTI COURT.
THE EXHIBITS CAN BE FOUND IN THE GOLD BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
[01:35:01]
A RESIDENTIAL DUPLEX STRUCTURE THAT IS OCCUPIED ON ONE SIDE ONLY.THE CASE WAS OPENED IN JULY, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRED REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COPY OF THE, OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICES OF VIOLATION, UH, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING, UM, AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO V AND THE RECOMMENDED ORDER.
AND EXHIBIT THREE, UH, WHICH IS THE COMPLAINT AND CASE HISTORY CODE INSPECTOR SANDY VAN CLEVE IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR VAN CLEVE, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, MADAM CHAIR AND COMMISSIONERS.
I AM AN INSPECTOR WITH THE DEVELOPMENT SERVICES DEPARTMENT IN THE CODE COMPLIANCE DIVISION.
THIS COMPLAINT ORIGINATED ON JULY 19TH, 2023 THROUGH A THREE ONE ONE CALL FROM THE TENANT THAT RESIDES ON THE PROPERTY REGARDING AN INOPERABLE AIR CONDITIONER MOLD, LIKE SUBSTANCES ON THE WALLS AND SUBSTANDARD CONDITIONS OF THE UNIT.
AND ONE SIDE OF THE, UH, DUPLEX IS OCCUPIED AND ONE SIDE IS NOT.
I CONDUCTED MY INITIAL INSPECTION OF THE PROPERTY ON JULY 19TH, 2023 AND I DOCUMENTED THAT THE CENTRAL HE AND AIR CONDITIONING WAS NOT FUNCTIONING AS INTENDED.
THE BLOWER WAS BLOWN OUT WARM AIR AND IT WAS DETERMINED THAT THE SYSTEM WAS NOT PERFORMING AS INTENDED.
AFTER TAKING MULTIPLE READINGS FOR THE VENT REGISTERS FROM THE VENT REGISTERS IN THE RETURN VENT OF THE SYSTEM, THE OUTDOOR CONDENSER OF THE AC UNIT ALSO APPEARED WORN AND RUSTED.
THE UH, VENT REGISTERS THROUGHOUT THE UNIT WERE RUSTED AND IN NEED OF REPLACEMENT, THERE WERE CRACKS OVER ONE EIGHTHS OF AN INCH THROUGHOUT THE INTERIOR WALLS THROUGHOUT THE STRUCTURE, INTERIOR OF THE STRUCTURE AND THE FLOORING AND THE INTERIOR OF THE STRUCTURE WAS NOT LEVEL AND WAS SLOPING TO ONE END.
THESE WERE SIGNS OF POSSIBLE FOUNDATION PROBLEMS. I ALSO USED A LEVEL BUBBLER AT DIFFERENT AREAS OF THE FLOORING IN THE BEDROOMS AND THE LIVING AND IN THE LIVING ROOM TO SHOW THAT THE FLOORING AREA WAS SLOPE INTO ONE END.
A CHECK OF THE EXTERIOR FOUNDATION SHOWED LARGE HOLES AND GAPS BETWEEN THE GROUND AND THE FOUNDATION WALL, UH, WHICH SHOWED SIGNS OF THE GROUND SHIFTING AND EROSION AROUND THE FOUNDATION AREA.
THERE WAS A MOLD LIKE SUBSTANCE ON THE WALL IN THE GARAGE AREA AND IN THE MA MASTER BATHROOM AREA, UH, THERE IS A WINDOW THAT WAS BOARDED UP ON THE WEST SIDE OF THE STRUCTURE AND THERE'S A BOARDED UP WINDOW AT THE BACK OF THE STRUCTURE OVER THE AC UNIT.
THERE WERE AC UNITS IN THE WINDOWS ON THE EAST SIDE OF THE STRUCTURE THAT DID NOT HAVE ANY SIDE PANELS AND WERE, THERE WERE SOME TYPE OF FABRIC STUFF.
AND THEN THE OPENINGS, INSTEAD OF, UM, HAVING SOME TYPE OF GLAZING, THE BOTTOM SIDE IN AROUND THE STRUCTURE IS ROTTEN IN DEC IN DECAYING THERE IS A HOLE IN THE WALL BELOW THE WINDOW ON THE UNIT ON THE SIDE OF UNIT B AND THE BOTTOM OF THE SIDING ADJACENT TO THE DOOR OF UNIT B.
THE FOLLOWING PHOTOGRAPHS, UH, ARE REPRESENTATION OF WHAT I OBSERVED AT THE PROPERTY DURING A RECENT INSPECTION ON JANUARY 26TH, 2024.
UH, PHOTO TWO A SHOWS THE ADDRESS ON THE STRUCTURE.
PHOTO TWO B SHOWS AN OVERVIEW CONTEXTUAL THE FRONT OF THE PROPERTY.
AND ADDITIONALLY, IF YOU NOTE ON UNIT ON THE SIDE OF UNIT B TO THE RIGHT OF THAT PHOTO, YOU SEE PLYWOOD THAT'S USED AS THE GARAGE DOOR.
NEXT PHOTO, PHOTO PHOTO C SHOWS RUSTED AIR REGISTER.
AND IT'S NOTED THAT THESE AIR REGISTERS ARE IN THE SAME CONDITION OR WORSE, UH, THROUGHOUT THE INTERIOR OF THE STRUCTURE AND INSIDE OF UNIT, UH, B, NEXT PHOTO UNIT D SHOWS, THAT'S THE RETURN VENT AT THE BOTTOM OF THE HAVAC UNIT AND THE INSIDE OF THE STRUCTURE.
AND YOU CAN SEE IT'S, UH, RUSTED OUT AND IT'S BENT IN AN IN POOR CONDITION.
[01:40:03]
PHOTO TWO E SHOWS A MOLD LIKE SUB SUBSTANCE THAT HAS SPREAD THROUGH THE WALL ON THE INTERIOR OF THE GARAGE.THIS IS, UH, ADDITIONAL MOLD GROWTH THAT'S ON THE OTHER SIDE OF THE GARAGE OF THE WALL.
IT'S IN THE MASTER BATH BATHROOM THAT SHOWS THE MOLD GROWTH THAT SPREADS, UH, THAT IS SPREADING THROUGH TO THE NEXT ROOM.
THIS IS A PHOTO OF A MOISTURE METER.
UH, THIS REGION WAS TAKEN AT THE WALL AREA IN THE GARAGE WHERE THERE, WHERE THE GROWTH OF THE SUBSTANCES WAS LOCATED.
IF YOU NOTE THE READING TAKEN IN THIS AREA SHOWS A RELATIVE MEASUREMENT OF 100 ON THIS MOISTURE METER.
NEXT PHOTO, PHOTO TWO H SHOWS A PHOTO TAKEN ON A WALL AREA IN THE GARAGE AREA THAT WAS CLEAN AND IT APPEARED DRY AND DID NOT HAVE ANY TYPE OF MODE LIKE SUBSTANCE ON THE WALL.
SEVERAL RE READINGS WERE TAKEN AROUND THIS AREA AND IF YOU NOTE THE READING ON THIS MOISTURE METER TAKEN IN AROUND THAT AREA HAD A RELATIVE MEASUREMENT OF 52.
SO AFTER TAKING SEVERAL READINGS, THIS WAS DETERMINED TO BE WHAT WE CALL A BASELINE READING FOR THE MOISTURE METER.
SO TO INTERPRET THESE RELATIVE MEASUREMENT READINGS, UH, YOU TAKE THE RELATIVE MEASUREMENT READING WHICH HAS WITH THE, WHICH HAVE AN INCREASED VALUE OF MORE THAN 10% COMPARED TO THE ESTABLISHED BASELINE READING MEASUREMENT READINGS.
AND IF IT'S, OR YOU TAKE THOSE TWO READINGS AND IF THE READINGS ARE OVER 10%, THAT'S AN INDICATOR THAT THERE IS AN EXCESSIVE MOISTURE BEHIND THE WALL.
SO AS YOU CAN SEE, ONE READING WAS 100 WHERE THERE WAS A MOISTURE LIKE SUBSTANCE ON THE WALL.
AND THE UH, BASELINE ROOM IS 52.
SO THAT'S A READING OF CLOSE TO A HUNDRED PERCENT.
SO THAT'S AN INDICATION THAT THERE IS DEFINITELY MOISTURE IN THE WALL WHERE THE MOLD LIKE SUBSTANCE WAS LOCATED.
NEXT PHOTO PHOTO TWO EYES SHOWS THE WINDOW GLAZING AT THE SIDE OF UNIT A IS MISSING AND IS REPLACED BY PLYWOOD.
AND THERE'S ALSO A WINDOW AT THE BACK OF THE STRUCTURE OF UNIT A THAT'S IN THE SAME CONDITION THAT IT HAS PLYWOOD OVER IT.
NEXT PHOTO FELLOW TWO J SHOWS THE CONTROL UNIT FOR THE HAVAC SYSTEM INSIDE OF UNIT A AND IT SHOWS THE TEMPERATURE OF 63 DEGREES ON THE UNIT.
THE CENTRAL HEATING AND AC UNIT WERE NON-OPERATIONAL DURING THIS INSPECTION AND I COULD NOT GET THIS, THE CONTROL UNIT TO CUT ON TO TURN ON ANY HEAT OR AIR CONDITIONING.
NEXT PHOTO, PHOTO 2K SHOWS THE CONDITION OF THE OUTDOOR AIR CONDITIONER CONDENSER UNIT.
AS YOU CAN SEE, THIS UNIT APPEARS RUSTED AND IT DOES NOT TURN ON AND THE COOLING FINS ARE BENT AND IS CAKED WITH MUD AND DEBRIS, UH, ALL AROUND IT.
THIS SHOWS THE HAVAC FURNACE UNIT INSIDE THE CLOSET OF UNIT A INSIDE THE STRUCTURE.
JUST WANNA POINT OUT, AS YOU CAN SEE, THE DRAIN LINE APPEARS NOT VERY WELL MAINTAINED AND, AND AGAIN, THE CEDAR UNIT DOES NOT TURN ON WHEN YOU TRY TO TURN IT ON.
UH, THE RETURN LINE HAS DUCT TAPE HOLDING THE INSTALLATION TOGETHER AND IS COMING APART FROM THE UNIT, UH, FROM THE VENT LINE THERE.
THIS IS JUST A PICTURE OF THE BUBBLE LEVELER THAT WAS PLACED ON THE KITCHEN FLOOR AND TO SHOW A PERSPECTIVE OF HOW THE FLOOR IS SLOPING.
AS YOU CAN SEE THE BUBBLE THAT'S UM, SHOULD BE LEVEL, BUT IT'S UH, THE BUBBLE'S ALL THE WAY TO THE LEFT OF THE PICTURE.
THIS SHOWS A PORTION OF THE FOUNDATION BY UNIT A THAT SHOWS THE SOLE EROSION AND SOME HOLES THAT ARE UNDER THE FOUNDATION.
PHOTO TWO, OH, I MEAN, I'M SORRY, NEXT PHOTO, PHOTO TWO OH SHOWS, UH, DRYWALL CRACK ON THE WALLS EXTENDED FROM THE DOOR FRAME TO THE CEILING.
UH, THIS IS JUST ONE OF THE DRY RAW CRACKS, BUT THERE'S MANY OF THEM JUST LIKE THIS THROUGHOUT THE UNIT ON WHERE THE DOORFRAMES ARE AT.
AND THIS IS ANOTHER KIND OF INDICATION THERE'S SOME TYPE OF FOUNDATION PROBLEMS. NEXT PHOTO
[01:45:02]
FELLOW TWO P, IT SHOVES A HOLD.IT'S ON THE SIDE END OF THE CHIMNEY THERE.
NEXT PHOTO, PHOTO TWO Q SHOWS THE BOTTOM SIDING OF THE AREA WHERE IT'S RIGHT IN THE DECAY AND ON THIS IS ON THE SID END ALONG UNIT A ALONG THE GARAGE AREA.
THIS AGAIN SHOWS SOME, SOME OF THE SIDING TOWARD THE BOTTOM, HOW IT'S SHOWN, IT'S ROTTED AND DECAYED.
AND AGAIN, THIS IS ALONG THE SIDE OF UNIT A NEXT PHOTO, FELLOW TWO S TWO S.
THIS IS ON THE OTHER SIDE OF UNIT B AND THIS SHOWS THE, UH, BOTTOM WHERE THERE'S A HOLE AND IT'S ROTT INDICATED WHERE THE SIDING IS LOCATED.
AND YOU COULD SEE THE MISS IS EXPOSED THE STUDS INSIDE OF THE, WHERE THE HU IS.
THIS SHOWS THE BOTTOM AGAIN ON THIS IS ON THE SIDE OF UNIT B, CLOSE TO THE DOORWAY.
IT SHOWS, UH, A HOLE AND THIS PART OF THE SIDE MISSING YOU CAN SEE INSIDE AND YOU CAN SEE THE STUDS EXPOSED.
NEXT PHOTO FELLOW TWO U SHOWS THE BOTTOM OF THE WINDOW WHERE IT'S ROTTED, DECAYED ON THE SIDE AND BELOW THE WINDOW.
AND THIS AGAIN, IT'S ON THE SIDE OF UNIT B SHOWING THAT, UH, EX EXPOSING SOME OF THE INTERIOR AND THE, UH, INSULATION IS COMING OUT.
NEXT PHOTO SHOW TWO V, UH, PHOTO TWO V SHOWS A HOLE IN THE WALL ON THE SIDE AND AT THE BOTTOM WHERE THE WATER SPIGOT IS LOCATED.
AND THIS AGAIN, IT'S ON THE SIDE OF UNIT V.
AND UH, THIS CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF 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 V AND EXHIBIT UM, THREE, WHICH IS THE COMPLAINT.
AND CASE HISTORY STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT A 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, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AS IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE AND SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES IT PRESENTATION.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE EXCEPT FOR PAGES ONE TO NINE, AND THEN I'LL ADMIT EXHIBIT TWO.
UM, EXHIBIT THE PHOTOS THAT ARE MARKED AS TWO A THROUGH TWO V AS WELL AS EXHIBIT THREE.
UM, AND I DON'T BELIEVE WE HAVE ANYBODY HERE, BUT I'M GOING TO GO AHEAD AND ASK ANYWAY.
IS THERE ANYBODY HERE FOR 61 0 4 COUNTY COURT? UM, ANYBODY ONLINE BY THE NAME OF LAC? OKAY, THANK YOU.
MR. I MOVE TO CLOSE THE PUBLIC HEARING ADOPT, UH, STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
SECOND, I'M SORRY, I'M ACTUALLY GONNA ASK CAN WE MOVING FORWARD, JUST HAVE SEPARATE MOTIONS TO CLOSE THE PUBLIC HEARING AND A SEPARATE MOTION THIS WAY WE'RE CLEAR FOR THE RECORD.
SO, SO IT'LL BE, SO YOU, YOU, SO THE MOTION WOULD BE TO DIVIDE THE RIGHT TO, TO DIVIDE YOUR MOTIONS.
UM, MADAM CHAIR, WITHDRAW MY, MY PENDING MOTION AND AT THIS TIME I MOVE TO CLOSE THE PUBLIC HEARING.
DO WE HAVE A SECOND? COMMISSIONER SEK? YES.
UM, IS EVERYBODY FINE WITH US CLOSING THE PUBLIC PART OF THE HEARING? YES.
COMMISSIONER, AT THIS TIME I MOVE TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
AND I'LL SECOND THAT TOO, AND COMMISSIONER SECONDED THAT.
UH, MANY DISCUSSIONS, COMMENTS, QUESTIONS FOR YES, INSPECTOR VAN CLEEF, QUESTION MANAGER.
QUESTION FOR STAFF COMMISSIONER FRANCIS.
I NOTICED ON THE, UH, THE PREVIOUS, UH, CASE THAT WE LOOKED AT THE FINE WAS 2 3 50 A WEEK, BUT HERE WE'RE TWO 50 A WEEK.
I'M WONDERING WHAT TWO THINGS, ONE, HOW DOES THAT DETERMINE AND WHY ARE WE NOT CONSISTENT IN THAT? UM, FOR A,
[01:50:01]
WELL, THEY'RE BOTH RESIDENTIAL STRUCTURES.UM, BUT THE LAST ONE WAS A HOMESTEAD.
AND FOR THE HOMESTEAD WE DO, UH, $10 A DAY PER VIOLATION.
UM, SO SEVEN DAYS A WEEK, FIVE VIOLATIONS AND $10 TIMES 10.
SO, AND THEN FOR, UH, NON HOMESTEADS, IT'S JUST, WE USUALLY GO WITH THE FLAT TWO 50 A WEEK.
SO FOR THE HOMEOWNER
SO WE, WE CAN CHANGE THIS AND YES, THAT'S WHAT I THOUGHT.
AND I'M ASSUMING THE RATIONALE WOULD BE THAT WITH THE HOMESTEADED PROPERTIES THEY COULD GET OFFSET LIKE CREDITS AS YOU SAID, IF THEY DO THE WORK AND BRING RECEIPTS, SOMETIMES IT COULD GET CREDIT.
IS THAT OPTION ROBERT? NOT AVAILABLE TO RENTAL PROPERTY? IT'S NOT AVAILABLE TO, UM, INVESTMENT PROPERTIES? CORRECT.
NO, IT'S ANYTHING RESIDENTIAL.
IT DOESN'T MATTER IF IT'S RENTAL, RENTAL OR NOT.
SO, UM, I KIND OF WANTED US TO, UM, WAIT FOR THE MOTIONS IS I THINK THERE'S A FEW GLARING ISSUES WITH, WITH THIS PROPERTY SPECIFICALLY.
UM, WITH REGARDS TO THE TENANTS, UM, INSPECTOR CLE, THANK YOU FOR YOUR WORK ON THIS.
THERE WAS A FEW ISSUES THAT I WANTED TO CONFIRM.
UM, ON NOVEMBER, UH, 21ST, 2023, YOU WERE TALKING TO THE TENANT, UH, LAURA HERNANDEZ.
AND THEN IN JANUARY, 2024, YOU WERE TALKING TO TENANT BECKY FRYER, IS THAT CORRECT? THERE WAS A TENANT SWITCH IN THE TIME PERIOD? NO, BOTH OF THOSE TENANTS, UH, LIVED THERE.
UH, MS. HERNANDEZ IS THE, I THINK IT'S THE DOLLAR IN-LAW.
THERE'S THREE PEOPLE THAT LIVE IN THERE.
IN THERE, THERE, IT'S THE MS FRYER, THEN HER DAUGHTER-IN-LAW AND HER SON.
AND, UM, I GUESS WOULD YOU CHARACTERIZE THE CURRENT LIVING SITUATIONS AS ADEQUATE FOR, UH, HUMAN OCCUPATION? NO, I WOULD NOT.
I, I GUESS THE, THE THING I WANTED TO JUST CONSIDER, I KNOW WE OCCASIONALLY LIEUTENANT RELOCATION FOR PROPERTIES WHERE THE ACTUAL PROPERTY IS NOT NECESSARILY SUITABLE FOR HUMAN, UH, YOU KNOW, LIVABILITY.
SO I KIND OF WANTED TO GET IT FROM, UM, DIVISION MANAGER MORE ABOUT WHAT THAT LOOKS LIKE, WHAT THIS SORT OF COST IS TO THE CITY.
DOES THE CITY BURDEN THAT COST OR IS THAT SOMETHING THAT PROPERTY OWNER, UM, BEARS? CAN YOU TELL ME A BIT MORE ABOUT THAT? SURE.
UH, THE CITY WOULD BEAR THE COST AT THE BEGINNING, UM, BUT THEN WE WOULD TRY TO RECOUP IT OBVIOUSLY.
UM, BUT 10 RELOCATION IS, IT'S NOT FOR JUST BAD LIVING CONDITIONS.
I GUESS THE, THE, THE SIGNIFICANT MOLD GROWTH SEAT SEEM VERY, 'CAUSE THAT'S, THAT'S BLACK MOLD, UM, AND IF A KID IS THERE IN THE, IN THE, IN THE PROPERTY, THAT'S TO IS VERY CONCERNING, BUT, UM, THAT'S UNDERSTANDABLE.
UH, I JUST WANNA PUT THAT OUT THERE AS AN OPTION IF THE COMMISSION WANTS TO CONSIDER IT.
UM, YEAH, JUST, I, I THINK WE CAN CONSIDER DIFFERENT THINGS.
I'M NOT SURE I SAW THAT TOO, AND THE PICTURE LOOKED HORRIBLE, BUT I KNOW THAT FOR MOLD THEY HAVE TO DO TESTINGS TO BE ABLE TO DETERMINE EXACTLY WHAT TYPE IT IS.
SO I'M NOT SURE HOW COMFORTABLE I AM.
UH, COMMISSIONER CAMPBELL, UM, I DID JUST WANNA SAY TWO THINGS.
FIRST OF ALL, IF I, I RECALL CORRECTLY FROM THE TESTIMONY IT SOUNDED LIKE ALL THE OCCUPANTS WERE ADULT.
ALL THE DOCUMENTS OR, OR ADULTS? YES.
UM, THE SECOND THING THAT I WANTED TO SAY IS THAT, YOU KNOW, I'M CERTAINLY SYMPATHETIC TO THE IDEA OF TENANTS WHO ARE LIVING IN A TERRIBLE PROPERTY.
UM, I'M NOT SURE THAT, YOU KNOW, US TRYING TO IMPOSE A RELOCATION WOULD NECESSARILY BE WHAT THOSE TENANTS WOULD WANT, AND WE DON'T HAVE ANY REPRESENTATIVES FROM THE PROPERTY OR THE TENANTS HERE.
SO IT, IT SEEMS MOST APPROPRIATE TO JUST GO WITH THE CURRENT ORDER ON THE TABLE IF, IF WE CAN'T, OH, CHAIR COMMISSIONER, I OLUGO, GO AHEAD.
IF WE CANNOT, UH, RELOCATE THE TENANTS, I WOULD LIKE A STRONG INCENTIVE FOR THE PROPERTY MANAGER TO NOT DO THIS EVER AGAIN.
UM, I BELIEVE, UM, INSPECTOR CLEVE, YOU SPOKE WITH, UH, MS. LAC, I THINK THE NAME WAS THE MANAGER, THE PROPERTY MANAGER A COUPLE TIMES? UH,
[01:55:01]
YES MA'AM.THE PROPERTY MANAGER WAS, UH, WORKING WITH ME WHEN WE FIRST, UH, DOCUMENTED THE VIOLATION ON, UH, UNIT A.
AND SHE DID SEND SOME PEOPLE OUT TO EVALUATE THE PROPERTY AS FAR AS THE FOUNDATION ISSUES AND STUFF, BUT SHE STOPPED COMMUNICATING WITH ME.
I ATTEMPTED TO CONTINUE TO COMMUNICATE WITH HER, LEAVE HER MESSAGES AND TELL HER TO CALL ME BACK.
AND, UM, UM, ASSUMING MAYBE THE, THE PROPERTY OWNER, THE ACTUAL PROPERTY OWNER LIVES IN CALIFORNIA AND I WAS TOLD THAT SHE WOULD'VE TO GET THEIR SIGN OFF, THE PROPERTY OWNER SIGN OFF TO MAKE ANY REPAIRS, I'M ASSUMING BECAUSE THE REPAIRS ARE PROBABLY EXPENSIVE THAT, UM, THAT'S WHY SHE QUIT COMMUNICATING WITH ME.
COMMISSIONER FRANCIS, GO AHEAD.
UH, COMMISSIONER STILL THAT I WOULD OFFER A FRIENDLY AMENDMENT TO MAKE THAT THREE 50 A WEEK AND PROVIDE A LITTLE BIT MORE INCENTIVE FOR THE LANDLORD TO GET GOING IF THAT WOULD BE ACCEPTABLE.
THE AMENDMENT IS ACCEPTABLE TO THE AUTHOR.
UM, I THINK I'M, I'M COMFORTABLE WITH, I'M PERSONALLY COMFORTABLE WITH THAT.
UM, I KNOW THAT WE HAVE THE, THE RETURN, THE GREEN CARD THAT SOMEBODY SIGNED FOR, SO THE PEOPLE THAT ARE IN CHARGE CERTAINLY KNOW WHAT'S GOING ON, AND I JUST HATE THAT THE TENANTS ARE LIVING IN SUCH CONDITIONS.
UM, ARE THERE ANY SPECIFIC THINGS THAT ANY OF THE TENANTS HAVE TOLD YOU AS FAR AS COMPLAINTS? I, I AM JUST INTERESTED, LIKE CURIOUS TO KNOW, UH, SAA COMPLAINTS, UH, AFTER THE HEAVY RAINS IT APPEARED, UH, THEY WERE SAYING THAT ONE OF THE BEDROOMS IT LOOKED LIKE, UH, THE CEILING MAY HAVE, WAS POSSIBLY GONNA COLLAPSE IN.
UM, BUT I HAVE NOT BEEN ABLE TO GO OUT THERE TO CONFIRM ANYTHING AND, AND, UH, ONCE I TALKED TO HER BEFORE, SHE SAID THE CEILING DIDN'T COLLAPSE, BUT IT WAS KIND OF GOING DOWN FROM THE RAIN.
BUT I'M ASSUMING SINCE THE RAIN, UM, SUBSIDED, MAYBE THAT'S, UH, KIND OF STOPPED THAT PROBLEM.
THERE'S ALSO RACCOONS THAT ARE GOING IN AND OUT CAUSING DAMAGE.
UH, THAT'S PARTIALLY WHAT FROM THE HOLE, FROM THAT CHIMNEY AREA.
AND, UM, THEY'RE, SHE SAID THEY'RE CON THEY'RE CONSTANTLY HEARING THEM AT NIGHT AND THERE'S, UH, CONSTANTLY PEOPLE BREAKING IN ON THE OTHER SIDE BECAUSE IT'S VACANT AND I THINK THERE'S SOME DAMAGE ON THE OTHER SIDE.
ON UNIT BI HAVE REQUESTED TO, UH, GO IN TO DO AN INSPECTION, BUT I, UH, HAVE NOT HAD BEEN ABLE TO GAIN ACCESS TO THAT OUTSIDE OF THE UNIT.
UM, I JUST, WE CAN GO AHEAD AND, AND VOTE COMMISSIONERS.
ONCE COMMISSIONER SLUGO SPEAKS, I THINK THAT WE PROBABLY HAVE WE GIVEN THE TENANTS ANY RESOURCES? 'CAUSE I KNOW WE USUALLY HAVE RESOURCES ATTACHED THE NOTICE TO THE OWNERS, UH, BUT HAVE WE, DO WE HAVE A WAY TO GET THEM SOME RESOURCES LIKE THE ONES THAT THE OWNERS USUALLY GET? UM, YES MA'AM.
I HAVE, I HAVE, UH, TRIED TO PROVIDE SOME RESOURCES TO THE TENANT AND ALSO SOME TYPE OF RELOCATION ASSISTANCE.
THEIR LEASE IS SET, BUT THEY KEEP ACCEPTING THEIR MONEY EVERY MONTH.
AND SHE SAYS SHE DOES NOT HAVE THE MONEY TO MOVE, UM, AT THIS TIME OR, OR PAYING ADDITIONAL AMOUNTS MORE THAN WHAT SHE'S PAYING.
UM, THANK YOU INSPECTOR FOR OFFERING THAT RELOCATION AND I THINK WE SHOULD DO WHATEVER IT IS THAT WE CAN TO SUPPORT THESE SENATE.
I THINK I HAVE DEVELOPED A REPUTATION FROM VRA COMPASSIONATE AND FOR GIVING, UH, AS A COMMISSIONER, BUT, BUT I PERSONALLY DO NOT FIND $350 ACCEPTABLE CONSIDERING THE WAY THAT THIS PROPERTY MANAGER AND THE OWNER HAS, UH, TREATED THESE TENANTS AND THE PROPERTY IN THE COMMUNITY.
I WOULD HAZARD SOMETHING CLOSER TO 1500 A WEEK IF THAT IS NOT ACCEPTABLE.
THE COMMISSION, I'M HAPPY TO MEET SOMEWHERE IN THE MIDDLE, BUT I, I THINK PUTTING THIS IN THE SAME TIER THAT WE PUT IN THE SORT OF STANDARD VIOLATORS IS, IS NOT, I THINK, COMMENSURATE TO THE PAIN CAUSED TO THE TENANTS AND THE, UM, COMMUNITY.
SO THAT WOULD BE MY, MY 2 CENTS.
SO I'LL BE VOTING NO ON THE THREE 50, EVEN THOUGH I UNDERSTAND THE CONTEXT AND THAT WHAT THAT MOTION WAS CREATED.
UH, IF Y'ALL WANNA MOVE FORWARD WITH THAT, THAT'S OKAY.
THAT WAS JUST SORT OF MY PERSPECTIVE ON WHAT
[02:00:01]
THE FEE, THIS SORT OF DIFFERENCE TIER OF THE FEE THAT I THINK WOULD BE MORE APPROPRIATE.I TOTALLY UNDERSTAND AND I JUST HAVE, I'M, I'M LOOKING AT THE PHOTOS AND I, I CANNOT BELIEVE THAT THE LANDLORD IS ACCEPTING MONEY, BUT, UM, COMMISSIONER, SELL IT.
SHOULD I CALL FOR THE VOTE? ALL RIGHT, WE'LL VOTE THEN.
I'M RELUCTANTLY YES ON THIS ONE.
AND COMMISSIONER SOAD? UM, VORA.
COMMISSIONER CHU? I THINK I'M ALSO A, NO.
SO WE ARE GOING TO GO AROUND AGAIN.
I WOULD SAY 1500 MIGHT BE A LITTLE TOO HIGH, BUT THREE 50 BEING A GENERIC, EVERY HOMEOWNER HAS TO DEAL WITH IT KIND OF FEE IS A LITTLE OUT OF WHACK FOR SOMEONE WHO YEAH.
JUST KEEPS TENANTS IN LIKE A REALLY BAD SITUATION.
AND I'M ALSO LIKE, I'VE LIVED IN VERY SIMILAR KIND OF HOUSES AND SITUATIONS LIKE THIS, SO MAYBE THAT'S KIND OF AFFECTING HOW I FEEL ABOUT IT, BUT IT'S, UH, YEAH, NOT GOOD FOR TENANTS.
I THINK THAT'S JUST LIKE WILDLY INAPPROPRIATE.
UM, COMMISSIONER BENIGNO AND THEN COMMISSIONER CAMPBELL.
I THINK WE SHOULD CONSIDER MOVING IT DOWN TO 30 DAYS AS WELL.
I THINK THAT WE'VE DONE THAT WITH OTHER CASES, UM, PARTICULARLY BAD.
SO THAT SHOULD, WHATEVER WE DECIDE ON MONEY, THIS, THAT SHOULD BE TACKED ON WITH 30 DAYS, I THINK.
IS THERE ANY AMOUNT THAT YOU THINK MIGHT BE APPROPRIATE CONSIDERING THAT THE, YOU KNOW, THE FIRST AMOUNT DIDN'T PASS? I DON'T HAVE A NUMBER IN MIND.
CAMPBELL, I THINK, SORRY, JUST TO EXPAND, I THINK IT'S MORE LIKELY THAN NOT THAT THE REPAIRS WILL OUTWEIGH WHATEVER, UM, DEFINES TOTAL TOO, SO, OKAY.
TO ME, URGENCY IS MORE IMPORTANT THAN A, A FINANCIAL PENALTY SO THAT THEY CAN LIVE IN BETTER CONDITIONS AS SOON AS POSSIBLE.
COMMISSIONER CAMPBELL, UH, I DO AGREE THAT, YOU KNOW, THE REPAIRS WILL POTENTIALLY OUTSCALE ANY CIVIL PENALTY, BUT JUST IN LIGHT OF WHAT'S BEEN SAID, UM, I'M GOING TO MOTION TO, UH, ADOPT THE PROPOSED FINDINGS, FACTS AND CONCLUSIONS OF LAW AND ADOPT STAFF'S RECOMMENDED ORDER WITH THE CHANGES TO 0.1 THAT IT WILL READ WITHIN 30 DAYS FROM THE DATE THE ORDER IS MAILED.
AND ON 0.2 ON THE 31ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $700 A WEEK.
DO WE HAVE A SECOND ON THAT OR DO WE HAVE ANY? I SECOND.
WE HAVE A SECOND ON THAT, SO I'LL GO AROUND AND WE'LL VOTE ON THAT ONE.
UM, AND HOPEFULLY THAT DOES GET THEIR ATTENTION.
ALRIGHT, UM, WE NOW GO TO, UH, THAT WAS THE LAST CASE, SO WE'LL GO TO DISCUSSION AND POSSIBLE ACTION ITEMS. LET'S SAY WE DON'T HAVE ANY DISCUSSION, WE DON'T HAVE ANY DISCUSSION ITEMS. UM, SO FUTURE, FUTURE
[FUTURE AGENDA ITEMS]
AGENDA, AGENDA ITEMS. UM, OUR NEXT MEETING IS A REGULAR MEETING ON FEBRUARY 28TH, 2024.WE HAVE SOME FUTURE AGENDA ITEMS SCHEDULED FOR THAT MEETING.
UM, ONE IS A PENALTY RELIEF BROUGHT UP DURING THE PUBLIC COMMUNICATION, UH, LAST TIME AT THE JANUARY MEETING REGARDING, UM, 84 12 GAR CREEK CIRCLE EXTERIOR AND UNITS A AND D.
AND THAT'S OUR CL UH, 2 0 2 1 DASH OH 5 0 1 63 CL 2 0 2 1 DASH OH 5 0 3 93 AND CL 2 21 DASH OH 5 0 1 8 0.
UM, AND, UH, I THINK WE, WE'VE, UH, LAST TIME THE COMMISSION VOTED TO, UM, HEAR THAT,
[02:05:02]
UH, PENALTY RELIEF NUMBER TWO IS NO THE APPEAL FOR, UH, 2 9 2 7 CA PASS.UM, IT WAS POSTPONED UNTIL A FEBRUARY REGULAR MEETING, UH, AT THE REQUEST OF THE APPLICANT.
AND, UH, NUMBER THREE IS THE ELECTION OF A VICE CHAIR AT THE FEBRUARY 28TH MEETING.
UM, AND THEN I HAVE AN ANNOUNCEMENT.
YOU SHOULD HAVE RECEIVED TWO EMAILS IN YOUR BOARDS AND COMMISSIONED EMAIL ACCOUNT REGARDING SOME, UH, HOUSEKEEPING.
ONE IS A MANDATORY SEXUAL HARASSMENT AWARENESS MODULE THAT MUST BE COMPLETED BY FRIDAY, MAY 10TH, 2024.
AND, UH, THE OTHER IS REGARDING REQUIRED ACTIONS THAT MUST BE TAKEN FOR NEW SECURITY MEASURES ON YOUR BOARDS AND COMMISSIONS EMAIL ACCOUNT.
UM, DID EVERYBODY RECEIVE THE EMAILS OR SHOULD WE JUST CHECK? AND IF WE CANNOT GET IN, WHO DO WE CONTACT? C-P-M-C-P-M DESK.
THAT'S A PRETTY TELLING STATEMENT.
WELL IF I CANNOT GET IN, I CAN GIVE YOU A PHONE NUMBER.
COULD, COULD WE MAKE THAT ANY TIGHTER? I MEAN, I GOTTA OPEN 20 APPS AND PUT IN MY MOTHER'S NAME AND, UM, I CAN GIVE YOU A PHONE NUMBER TO CALL IF YOU CAN'T GET IN.
IT'S GONNA BE THE CTM HELP DESK, OKAY? YES, YES.
WE'LL BE CHECKING THE EMAILS AND DOING EVERYTHING THAT WE NEED TO DO.
DO YOU WANT THE PHONE NUMBER NOW? I'LL LOOK IT UP CASE.
WHAT TIME IS IT? OH, THE MEETING IS ADJOURNED.