[00:00:05]
[CALL TO ORDER]
THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR FEBRUARY 28TH, 2024.PLEASE NOTE, UH, LET THE RECORD NOTE THAT THE TIME IS NOW 6:38 PM MY NAME IS SHADAY GU.
I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I'LL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS THAT ARE PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU'RE HERE.
AND A QUICK REMINDER TO THE COMMISSIONERS THAT REMOTING IN.
PLEASE MAKE SURE TO TURN YOUR CAMERA ON AND LEAVE IT ON AT ALL TIMES SO AS TO MAINTAIN QUORUM.
UM, COMMISSIONER SIG IS, UM, ON HIS WAY AND THEN COMMISSIONER SHUGART HERE.
[PUBLIC COMMUNICATION: GENERAL ]
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 SIX PROPERTIES, INCLUDING ONE APPEAL ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER NINE CASES FROM SIX PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSIONERS MAY TAKE A CASE OUT OF ORDER IF IT'S APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S CIVIL ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES CANELA WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.
STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.
SO, UH, OR IF YOUR PARTICIPATING REMOTELY, PLEASE MAKE SURE TO UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL A DESIGNATED TIMEKEEPER FOR THIS EVENING, PLEASE INTRODUCE YOURSELF,
AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PAR UH, PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY THEN ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
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 ON UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED, A WITNESSES WILL NOW TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND UP AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR AND 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 IS NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
AND, UH, JUST TO REMIND YOU, WE'RE TAKING THE ITEMS, UM, OUT OF ORDER A LITTLE BIT.
[APPROVAL OF MINUTES]
WE'LL START WITH THE MINUTES, UH, APPROVAL, AND THEN WE'LL GO TO ITEM NUMBER EIGHT, AND THEN ITEM NUMBER SEVEN.WE'LL BE LOOKING AT THE MINUTES FROM THE SPECIAL CALL MEETING, FEBRUARY 12TH, 2024, AS WELL AS THE MINUTES FROM JANUARY 24TH, 2024.
COMMISSIONERS, HAVE YOU HAD A CHANCE TO LOOK AT THE MINUTES? NO.
DO WE, IS EVERYBODY IN A, IN AGREEMENT THAT WE CAN APPROVE THE MINUTES OR DO WE HAVE ANY QUESTIONS OR OBJECTIONS? NONE.
APPROVED FOR JANUARY 24TH, 2024.
[00:05:01]
MADAM CHAIR.UM, DOES IT REQUIRE A MOTION AND A SECOND? YES.
WE NEED A, A MOTION CHAIR FOR BOTH, FOR EACH.
I I MOVE TO APPROVE THE MEETING MINUTES FROM THE, FROM THE FEBRUARY 12TH, UH, AND JANUARY 24TH MEETING.
OKAY, SO NOW DO WE HAVE ANY OBJECTIONS TO THOSE MOTIONS? NANI? OKAY.
HEARING NONE? WE ARE, IT IS APPROVED.
[8. Election of Vice-Chair of the Building and Standards Commission]
ITEM NUMBER EIGHT, WHICH WOULD BE TO ELECT A VICE CHAIR, UM, FOR THE BUILDING AND STANDARDS COMMISSION.SO, I MEAN, ALL NOMINATIONS ARE WELCOME, BUT I WOULD LIKE TO, UH, YES, MADAM CHAIR, UH, MOVE TO, UH, ELECT COMMISSIONER SOAD AS, UH, VICE CHAIR.
ANYONE ELSE? I WOULD LIKE TO MOVE TO ELECT COMMISSIONER LUIS OLUGO AS VICE CHAIR.
WE WILL GO AHEAD AND, UM, TAKE A VOTE ON BOTH NAMES.
UH, WE, WE NEED TO DO COMMISSIONER SOAD AND COMMISSIONER OLUGO ACCEPT THE NOMINATIONS.
UM, COMMISSIONER, STILL SAD? UH, I, I WOULD ACCEPT THE NOMINATION.
AND WHAT ABOUT YOU COMMISSIONER AL LUGA? I THINK OUT OF, UH, RESPECT FOR COMMISSIONER S'S SENIORITY, I'LL REJECT THE NOMINATION FOR THIS TIME.
SO DO WE NEED TO GO AROUND AND TAKE A VOTE? PROBABLY SECOND.
I, I, I THINK WE NEED TO HAVE A, WELL, WE NEED TO HAVE A SECOND AND THEN YEAH, BUT, AND THEN WE CAN DO MADAM.
TECHNICALLY WHAT THERE I SUPPOSE WOULD BE, UH, UNOPPOSED, RIGHT? YEAH, IT WOULD BE UNOPPOSED, BUT STILL.
SO THEN DO WE HAVE A SECOND TO THE RECOMMENDATION FOR COMMISSIONER SOAD TO BE VICE CHAIR? I'LL SECOND.
AND, AND SEEING AS HOW IT'S UNOPPOSED AND COMMISSIONER SOAD IS THE VICE CHAIR.
SO WE HAVE A VICE CHAIR
SO WE'LL GO TO, WE CAN NOW START.
[7. Case Number: CV 2023-140893]
ITEM NUMBER SEVEN? YES, PLEASE.ITEM NUMBER SEVEN ON THE AGENDA IS AN APPEAL REGARDING 2 9 2 7 CASTING PASS, THE CASE NUMBER CV 20 23 1 4 0 8 9 3, AND CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS APPEAL BEGAN AS A COMPLAINT ABOUT AN INFESTATION AT THE PROPERTY, WHICH WERE CONFIRMED BY DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE ISSUANCE OF THE NOTICE OF VIOLATION.
THE OWNER FILED AN APPEAL OF THE NOTICE OF VIOLATION, WHICH IS WHY WE ARE HERE TONIGHT.
HERE'S SOME FACTS ABOUT THIS CASE.
THE INITIAL COMPLAINT DATE IS OCTOBER 30TH, 2023.
THE NOTICE OF VIOLATION INCLUDED ONE STRUCTURE MAINTENANCE VIOLATION, THE STRUCTURE MAINTENANCE DEFICIENCY HAS BEEN CLEARED IN THE READERS OR GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINT AND CASE HISTORY MAPS OF THE PROPERTY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP, NOTICES OF TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND DEVELOPMENT SERVICES DEPARTMENT.
RECOMMENDATION CODE INSPECTOR PHILIP MORENO IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
INSPECTOR MORENO, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING, COMMISSIONERS.
I WORK FOR DSD CO COMPLIANCE HERE WITHIN THE CITY OF AUSTIN.
ON OCTOBER 30TH, 2023, OUR DEPARTMENT RECEIVED A COMPLAINT CONCERNING OF INFESTATION OF SCORPIONS INSIDE THE SINGLE FAMILY STRUCTURE.
LOCATED AT 29 27 CASTINE PASS HERE IN AUSTIN, TEXAS.
THE OWNER ON RECORD, AS PER THE TRAVIS COUNTY APPRAISAL DISTRICT,
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HAS BEEN IDENTIFIED AS RITUAL RIVERS.ON OCTOBER 31ST, 2023, I CONDUCTED THE INITIAL INSPECTION OF THE INTERIOR OF THE HOME FOR AN INFESTATION ISSUE.
AT THE TIME OF THE INSPECTION, THE TENANT OF THE HOME LED ME TO THE LAUNDRY AND GARAGE AR AREA OF THE HOME, AND OBSERVED TO STICKY TRAPS WITH SCORPIONS ON THEM.
THE TENANT STATED THAT THESE TRAPS WERE SPREAD THROUGHOUT THE HOUSE, BUT WERE WERE REMOVED IN THE MORNING HOURS DUE TO A TODDLER IN THE HOME.
UM, AFTER CONDUCTING MY INSPECTION, I DOCUMENTED MY FINDINGS, AND ON OCTOBER 31ST, I SENT A NOTICE OF VIOLATION TO THE PROPERTY OWNER FOR INFESTATION AT 3 0 9 0.1 UNDER STRUCTURAL MAINTENANCE, AND WAS SENT OVER AND WAS SENT TO THE OWNER ON RECORD ON OCTOBER 31ST, 2023.
I WILL NOW PRESENT MY PHOTOS TO, FOR THE VIOLATION OBSERVED AND FOR ISSUED THE NOTICE OF VIOLATION TO THE OWNER.
DID WE HAVE THE, UH, EXHIBITS DISPLAYED, PLEASE.
EXHIBIT TWO A SHOWS A CONTEXTUAL PHOTO OF THE PROPERTY.
UM, YOU CAN SEE THE ADDRESS ON THE BOTTOM LISTED AT 29 27 CASTING PASS.
IT'S A WHITE ROCK, TWO STORY STRUCTURE HOME ON THE BACK.
IT'S JUST A CONTEXTUAL PHOTO OF THE PROPERTY.
THESE ARE THE STICKY TRAPS THAT WERE FOUND THROUGHOUT THE, THESE WERE THE STICKY TRAPS THAT THE, UH, TENANT PLACED THROUGHOUT THE HOME AND WITH, WITH SCORPIONS IN 'EM.
AND SOME OF THOSE SCORPIONS IN THOSE PHOTOS WERE ALIVE STILL AT THE TIME OF THE INSPECTION.
THIS HERE IS JUST A EXTERIOR PHOTO OF THE BACKSIDE OF THE PROPERTY, UM, WHERE THE TENANT TRIED TO SELF-TREAT THE PROPERTY.
UH, YOU CAN SEE NEXT TO THE WALL WHERE THE BRICK WALL IS, HE TRIED TO PUT SOME KIND OF POWDERY SUBSTANCE TO PREVENT THE SCORPIONS FROM ENTERING THE STRUCTURE.
THIS IS A PHOTO OF THE BACKSIDE OF THE PROPERTY, AGAIN, SHOWING THE ROCK WALL IN THE BACKYARD WHERE THE TENANT IS CLAIMING ALL THE SCORPIONS APPEAR TO BE COMING FROM.
NEXT PHOTO EXHIBITS TWO, TWO E AND TWO F ARE PHOTOS OF THE EXTERIOR, UM, WALL ON THE BACKSIDE OF THE PROPERTY WHERE LIEUTENANT REMOVED THE CONCRETE PAVERS.
HE WAS TRYING TO SEAL UP THE ENTRY POINTS FOR WHERE, WHERE HE BELIEVED THE SCORPIONS WERE ENTERING.
AND I GUESS HE WAS UNSUCCESSFUL SUCCESSFUL AT THAT TIME, AND THAT'S WHY I WAS CALLED OUT THERE.
CURRENTLY THIS CASE IS CLOSED.
THE CASE WAS CLOSED ON DECEMBER 21ST, 2023, DUE TO RECEIVING PEST CONTROL TREATMENT FROM PEST CONTROLLED TREATMENT INVOICE FROM A BC PEST CONTROL IN WHICH THE, THE, THE PROPERTY OWNER PROVIDED ON DECEMBER NINE ON HE, SHE PROVIDED ON DECEMBER 21ST, 2020, DECEMBER 21ST, 2023.
AND THE PEST CONTROL SERVICES WAS CONDUCTED ON DECEMBER 19TH, 2023 FOR THE INTERIOR, UH, TREATMENT OF THE HOME.
UM, THIS CONCLUDES MY PRESENTATION AS TO WHY THE NOTICE WAS NOTICE OF VIOLATION WAS ISSUED TO THE PROPERTY HONOR.
STAFF ASK THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO F, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AS WELL AS DEVELOPMENT SERVICES.
RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE STRUCTURE MAINTENANCE DEFICIENCY WITHIN THE NOTICE OF VIOLATION.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH INCLUDES TWO.
UH, THE PHOTO PHOTOGRAPHS, EXHIBITS TWO A THROUGH TWO F.
UM, I BELIEVE WE HAVE THE OWNERS HERE AS WELL AS THE CONTRACTOR.
MY NAME IS ROCHELLE RIVERS AND MY HUSBAND AND I OWN THE PROPERTY AT 29 27 CASRE PASS.
[00:15:01]
YOU MAY BE WONDERING WHY WE'RE HERE TONIGHT, BECAUSE THERE IS NO PENDING VIOLATION AGAINST OUR PROPERTY.IT HAS BEEN CLEARED, AND I APPRECIATE MR. MORENO'S, UH, DESCRIPTION TO THE COMMISSION OF THE PROCESS THAT HE WENT THROUGH TO CLEAR THE VIOLATION.
HOWEVER, I AM HERE TONIGHT FOR A NUMBER OF REASONS.
ONE IS THAT AS MR. MORENO, UH, TESTIFIED TO YOU, THE ISSUANCE OF THE NOTICE OF VIOLATION WAS BASED SOLELY ON HIS 10 31 23 TALK WITH MY TENANT IN THE PROPERTY.
I WISH TO BRING THIS COMMISSION'S ATTENTION TO THE SAME THING THAT I TOLD MR. MARINO AFTER I GOT THE NOTICE OF VIOLATION.
AND WITHOUT HAVING HAD ANY PRIOR NOTICE THAT THERE WAS ANY CONCERN ABOUT THE PROPERTY, I, I, UM, WOULD TO BRING TO YOUR ATTENTION THESE FACTS.
OKAY? AND JUST TO, I DON'T MEAN TO INTERRUPT YOU, BUT FEEL FREE TO SIT DOWN.
YOU DON'T HAVE TO STAND WHEN YOU'RE ADDRESSING US.
NO, I, I I'M A LAWYER AND I I LOVE TO STAND UP
IF IT MAKES YOU MORE COMFORTABLE, I WILL, BUT I CAN'T SEE ANYBODY WHEN I SIT, EVERYBODY WHEN I SIT DOWN.
UM, I, I HONESTLY DON'T MIND IF YOU STAND AT THE PODIUM.
THE, UM, THE REASON THAT I WANT THE, THIS COMMISSION TO CONSIDER CAREFULLY THE REQUEST TO RESCIND THE NOTICE OF VIOLATION IS BECAUSE FIRST, THE CONDITION OF THE PROPERTY DID NOT WARRANT OR JUSTIFY THE ISSUANCE OF A CODE VIOLATION NOTICE, IT WAS BASED AS, AS MR. MORENO HAS TOLD YOU, SOLELY ON THE TESTIMONY, UH, OR THE, UH, INFORMATION PROVIDED TO HIM BY A DISGRUNTLED TENANT, A TENANT WHO WAS ATTEMPTING TO BREAK HIS LEASE WITH ME AND WHO WAS USING THE POWER OF THE CITY OF AUSTIN TO HELP HIM DO THAT.
AND I WILL TALK ABOUT THAT IN A LITTLE BIT MORE DETAIL IN A MOMENT.
THE, UM, THE FACT OF THE ISSUANCE OF THIS CODE VIOLATION, EVEN THOUGH IT WAS RATHER QUICKLY, UM, UH, RESOLVED AND, AND, AND I WAS TOLD THAT IT WAS, IT WAS, UH, NO LONGER A PROBLEM.
THE FACT OF ITS ISSUANCE IS CAUSING ME GREAT DAMAGE TO THE PROPERTY.
THERE ARE TWO PEOPLE I BROUGHT TONIGHT TO ASK TO SPEAK TO YOU ABOUT THESE TWO FACTS.
NUMBER ONE, JERRY KATES, WHO IS A SCORPION SPECIALIST AND WHO WORKED WITH US FROM THE VERY BEGINNING, IS HERE TO TELL YOU, NOT ONLY IS THE FACT OR THE THE DESCRIPTION THAT MY DISGRUNTLED TENANT GAVE TO MR. MARINO, UNLIKELY BASED ON HIS, I THINK, OVER 20 YEARS OF RESEARCH OF, OF SCORPIONS.
BUT NUMBER TWO, MY REAL ESTATE AGENT, BEATY RYAN, IS HERE TO TALK ABOUT HOW DAMAGING THE MERE ISSUANCE OF A NOTICE OF VIOLATION IS TO A LANDOWNER.
THIS IS MY ONLY, THIS IS MY HUSBAND AND MY, UH, HOME THAT WE BOUGHT WHEN WE GOT MARRIED ON TOP OF THE HOT TUB IN THE BACKYARD.
IT HAS NEVER HAD ANY SUCH PROBLEM OF ANY SORT.
AND, UM, WE ARE NOW, UH, BECAUSE OF THIS WHOLE FIASCO TRYING TO SELL THE HOUSE, AND THE FACT OF THE, THE HAVING BEEN ISSUED A CODE VIOLATION IS EXTREMELY DAMAGING.
NOW, FIRST I WANT YOU TO KNOW THAT PRIOR TO THE NOVEMBER 3RD, 2023 NOTICE I RECEIVED OF A CODE VIOLATION, WE HAD ALREADY CLEARED.
WE HAD ALREADY TAKEN CARE OF ALL OF THE CONCERNS THAT THE TENANT HAD TOLD US THAT THEY HAD ABOUT SEEING A SCORPION.
WE HAD DONE THAT IN A NUMBER OF WAYS.
MR. KATE'S HERE WAS PART OF THAT.
HE WAS EXTREMELY HELPFUL IN, IN ADDRESSING WHAT THE ISSUE WAS IN LISTENING TO THE TENANT'S CONCERNS AND TRYING TO DESCRIBE THE EXTENT TO WHICH THE TENANT'S CONCERNS COULD BE ALLAYED.
AND, UM, AND ALSO TOLD US HOW TO DO THAT IMMEDIATELY AFTER MR. CATES, UM, CAME AND VISITED.
WELL, UH, IN SEP ON SEPTEMBER, I THINK IT WAS 13, MR. KATES CAME AND TALKED WITH ME, AND THE TENANTS LISTENED TO EVERYTHING, INSPECTED THE ENTIRE PROPERTY, AND ESSENTIALLY SAID THE SCORPIONS ARE PROBABLY OUTSIDE.
AND THE THING THAT YOU CAN DO IS TRIM THE TREES, BUT THEY'RE OVERHANGING THE ROOF, WHICH WE DID THAT FRIDAY.
I THINK HE CAME ON A WEDNESDAY.
AND THAT WAS LONG BEFORE MR. MARINO CAME TO THE, CAME TO THE PROPERTY.
UM, THE TENANT EXAGGERATES, THE TENANT EXAGGERATES SIGNIFICANTLY.
AND IN FACT, HE, UM, WHEN I FIRST WENT OVER TO THE PROPERTY, UH, RIGHT AFTER HE, UH, TOLD ME HE HAD A PROBLEM, I, I WAS VERY PROMPT AND VERY SYMPATHETIC.
[00:20:01]
THEY HAD A SMALL CHILD.I WAS DOING ALL I COULD DO TO HELP THEM FEEL COMFORTABLE.
AND WHEN HE SPENT TWO HOURS TELLING ME ABOUT ALL THE SCORPIONS HE SAW, IT TURNED OUT THAT THEY WERE OUTSIDE.
I ASKED HIM IF THERE WERE ANY INSIDE, HE HAD STICKY TRAPS.
AND HE SAID, WELL, I HAVE A WHOLE BAG FULL OF SCORPIONS THAT I HAVE, UM, FOUND.
AND I SAID, THAT SOUNDS TERRIBLE.
CAN YOU SHOW ME WHAT YOU'RE TALKING ABOUT? AND THIS IS WHAT HE GAVE ME.
UM, UM, COUNSEL
SO WE'LL PROBABLY NEED TO MAKE COPIES AND THEN CONSIDER WHETHER WE CAN ADMIT THAT YOU UNDERSTAND.
MAY I, MR. TO COUNSEL THEN YOUR, UM, CAN SHE APPROACH? I THINK, YEAH.
YOU DON'T HAVE A LOT OF TIME LEFT EITHER.
SO DO YOU WANT TO MAKE SURE MR. GATES HAS A CHANCE TO SAY, ALRIGHT, THE MOST IMPORTANT PIECES SO HE IS NOT REPEATING WHAT YOU SPEAK ABOUT.
SO LET'S WRAP IT UP REALLY QUICKLY.
DO YOU THINK IT'S IMPORTANT FOR HIM TO GO OVER WHAT YOU ALREADY TOLD US? YES.
HE'S GOING TO TELL YOU EXACTLY WHAT HE DID.
AND, UH, YOU WON'T TAKE MORE THAN THREE MINUTES.
AND MS. RYAN WILL TAKE, UM, THREE MINUTES JUST TO TELL YOU HOW DAMAGING THIS IS.
AND I WANT TO ALSO TELL YOU THAT I THINK THAT THE, THE CITY CODE THAT AUTHORIZES THIS DEPARTMENT TO ISSUE THE VIOLATION, UM, IS OUTSIDE THE BOUNDS OF THE CODE BECAUSE SCORPIONS ARE NOT INSECTS OR RODENTS.
UM, I WOULD ALLOW TWO MINUTES EACH.
BECAUSE YOU ALREADY TOOK A LOT OF TIME AND THEN YES, TWO MINUTES.
WHEN, UH, MS. RIVERS, UH, WAS TOLD ABOUT THIS PROBLEM, AND SHE, UH, SHE BEGAN LOOKING FOR SOMEONE WHO MIGHT HAVE SOME UNDERSTANDING OF SCORPION BIOLOGY.
I'VE BEEN DOING, UH, WORK WITH SCORPIONS IN TEXAS FOR OVER 40 YEARS, BUT ESPECIALLY IN THE LAST 22 YEARS, I'VE DONE A LOT OF WORK WITH SCORPION BIOLOGY.
SHE READ SOME OF MY PAPERS AND GAVE ME A CALL.
I CAME OUT THE VERY NEXT DAY, MET WITH HER AND THE TENANTS, UH, THAT WAS ON THE 13TH OF SEPTEMBER, BY THE WAY.
AND, AND ONE OF THE, THE IMPORTANT THINGS THAT I WANTED TO PASS ON TO THEM WAS THAT SCORPIONS DO NOT INFEST HUMAN DWELLINGS.
THEY, THEY WILL PASS THROUGH HUMAN DWELLINGS, UH, WHEN THEY'RE TRYING, WHEN THEY FALL ONTO THE ROOF AFTER, UH, FINDING PREY IN THE TREES THAT ARE HAVING, UH, BRANCHES OVERREACHING THE ROOF, UH, THEY'LL FALL ONTO THE ROOF.
UH, AND THEN THEY HAVE TO GET BACK DOWN TO THE GROUND.
AND THE, AND THE, THE FASTEST WAY IS FOR THEM TO GET INTO THE ATTIC, WHICH IS VERY EASY FOR THEM TO DO FROM THE ROOF.
THEN THEY HAVE TO GET DOWN INTO THE LIVING SPACE AND BACK OUT TO THE OUTSIDE.
THEY HAVE TO DO THAT WITHIN ABOUT 24 HOURS, OR THEY WILL PROBABLY DIE.
THEY'RE JUST TOO MUCH, UH, HEAT AND NOT ENOUGH MOISTURE TO KEEP THEM ALIVE.
AND, AND, UH, AND SO THEY BECOME FAIRLY VISIBLE IN THAT SHORT PERIOD OF TIME.
NOW, THE EASY WAY TO SOLVE THE PROBLEM AT IF THE TREE LIMBS CAN BE REMOVED SO THAT THEY'RE NOT OVERREACHING THE ROOF, THE EASIEST THING.
AND, AND, AND, UH, THE MOST EXPEDIENT THING IS TO GO AHEAD AND TRIM THOSE LIMBS BACK CAN BE FAIRLY EXPENSIVE.
AND, UH, AND MS. RIVERS DID GO TO SOME CONSIDERABLE EXPENSE TO HAVE THE LIMBS REMOVED.
AND SHE HAD THAT DONE TWO DAYS AFTER I RECOMMENDED IT.
UH, ONCE THAT'S DONE, UH, THERE WON'T BE ANY SCORPIONS FALLING ON THE ROOF ANYMORE.
WHAT'S MOST IMPORTANT FOR US TO KNOW, BECAUSE YOU'RE TELLING US ABOUT YOUR GENERAL KNOWLEDGE, BUT WE ARE MORE CONCERNED ABOUT THE SPECIFIC PROPERTY IN QUESTION.
WERE YOU ABLE TO GO INSIDE YES.
TO, TO ACT, TO GO INSIDE? SHE SAY ON THAT VISIT, I DID NOT, I WASN'T ABLE TO GO INSIDE.
AND, UH, AND ON A SUBSEQUENT VISIT, THEY, UH, EXPRESSLY PROHIBITED ANY OF US FROM GOING INSIDE.
SO, UH, THAT, THAT WAS THE TENANTS UM, DECISION.
AND OF COURSE, WE DIDN'T TRY TO CIRCUMVENT THEIR REQUEST.
SO WE'LL HAVE MS. RYAN, YOU SAID YOU'LL BE ABLE TO WRAP THIS UP IN 60 SECONDS,
MY NAME IS BEATY RYAN AND I HAVE
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BEEN, UM, MRS. RIVERS REALTOR, UM, SINCE 2016 AND HAVE LEASED THIS HOME TO FOUR DIFFERENT FAMILIES WITH CHILDREN, UM, SINCE 2 17 20 17.AND WHEN THIS SITUATION HAPPENED, THIS COUPLE CAME IN FROM NORTH CAROLINA AND, UM, ACTUALLY WANTED TO LEASE THE HOUSE SIGHT UNSEEN.
UM, USUALLY WE DON'T DO THAT, BUT THEY WERE VERY ADAMANT ABOUT DOING THIS.
WE, UM, TOOK THEIR DEPOSITS, WE SET UP THE MOVE IN DATE AND ALL OF THAT.
UM, THE, THIS GROUP OF THIS MAN AND WOMAN, UH, THE GELLES ARE THE ONLY FAMILIES THAT EVER HAVE CALLED TO COMPLAIN ABOUT ANYTHING SINCE 2017 ON THIS HOUSE.
AND WE HAVE NEVER SEEN A SCORPION IN THIS HOME SINCE 2017.
WE HAD CHILDREN, TODDLERS, DOGS, IN AND OUT OF THAT HOUSE.
SO WE ARE IN AN AREA WHERE THERE IS A LOT OF TREES.
AND WHEN I WALKED INTO THE PROPERTY THE OTHER DAY TO GO LOOK AT THE BACKYARD TO CHECK THINGS OUT, 'CAUSE WE ARE NOW GOING TO HAVE TO SELL THE HOME, WHICH, UM, THIS WAS NOT, THIS WAS THEIR INCOME COMING IN FROM, UM, THEIR REAL ESTATE PROPERTY AND THEIR INVESTMENT.
NOW WE'RE GONNA HAVE TO SELL THE HOME.
AND I WENT TO THE BACKYARD AND IT LOOKS AS THOUGH THE TREES WERE A BEAUTIFUL FOREST IN THE BACK.
IT LOOKS MORE SO THAN THE PEOPLE THAT CAME THE FIRST TIME TO CUT THE TREES.
AND, UM, SO I REALLY THINK THE SAME AS, UM, MRS. RIVERS IS THAT THE TENANT, UH, WANTED TO BREAK THE LEASE.
AND THEY KNOW THE STRICT, AND AS A MATTER OF FACT, THAT IS ONE ITEM THAT WAS MENTIONED WHEN THEY CAME IN ABOUT, YOU KNOW, IN TEXAS YOU NEED TO BE VERY CAREFUL BECAUSE YOU CANNOT BREAK A LEASE OR IT'S ON YOUR CREDIT REPORT.
SO THEY HAD TO FIND, IT SEEMS LIKE THEY HAD TO FIND SOMETHING, UM, TO HAPPEN.
SO ANYWAY, I JUST WANTED TO SAY THAT, UM, YOU KNOW, THERE WAS NOT, WE DID NOT HAVE ANY PROBLEMS WITH SCORPIONS, UM, SINCE 2017 AND NOT ONE COMPLAINT.
AND, UM, MS. RIVERS, MADAM CHAIRMAN THERE.
MAY I CORRECT? I MAY NOT HAVE HEARD CORRECTLY.
MR. KATES AND I DID MEET WITH THE TENANTS TOGETHER ON SEPTEMBER 13 IN THE HOUSE.
WE WERE ABLE TO GO IN THE HOUSE.
HE WAS ABLE TO OBSERVE WHAT WAS GOING ON.
HE INSPECTED THE INSIDE OF THE HOUSE, INSPECTED THE OUTSIDE OF THE HOUSE, AND SAID THE PROBLEM, IF THERE IS A PROBLEM AT ALL, IS GOING TO BE IN TREES, MS. RIVERS.
UM, WE'LL HAVE A CHANCE TO ASK QUESTIONS, SO I APPRECIATE YOU ADDING THAT, BUT WE'LL ASK MR. GATES DIRECTLY AS WELL.
NOW, UM, I'M GONNA MOVE TO THE, IS THERE ANYBODY ELSE HERE FOR THIS PARTICULAR PROPERTY? YES.
UM, THE, UM, APPELLANT HAS A, HAS A PHOTOGRAPH I BELIEVE THAT SHE WANTS TO CIRCULATE.
UM, THE NORMAL PROCESS, MS. RIVERS, IN CASE YOU EVER HAVE A, THE
UH, MAKE SURE TO SEND THIS AHEAD OF TIME 'CAUSE IT DOES SAVE US SOME TIME.
SO COMMISSIONERS, UM, FEEL FREE TO ASK QUESTIONS OF INSPECTOR MORENO OR THE OWNERS.
LET ME ACKNOWLEDGE COMMISSIONER SIG.
YEAH, I'M LOOKING AT EXHIBIT TWO B, I MEAN, YOU BEING PRESENT.
I'M LOOKING AT EXHIBIT TWO B AND THERE IS A, UM, PYRAMID OF CONTAINERS WITH SCORPIONS LIVE OR DEAD.
AND I WAS GONNA ASK THE, THE OWNER, WERE THESE FOUND OUTSIDE OR INSIDE THE, THAT THAT PICTURE WAS APPARENTLY TAKEN BY MR. CLOSER TO THE TIME ON SOME OF THEM, WHICH INDICATES THEY WERE OUTSIDE, NOT INSIDE.
OKAY, MA'AM, CAN YOU PLEASE TURN YOUR MIC ON SO THAT WE CAN HEAR REMOTELY? THANK YOU.
I, WELL, I WAS JUST GONNA SAY, HOW, HOW MUCH TIME ELAPSED FOR THEM TO ASSEMBLE THIS MANY SCORPIONS? THE TENANT WAS GOING OUTSIDE AT NIGHT EVERY NIGHT WITH NEEDLE NOSE PLIERS, FINDING IN A, IN A BLACK LIGHT, FINDING SCORPIONS OUTSIDE AND PICKING THEM UP.
THAT, UH, THAT PYRAMID, THAT PICTURE OF PYRAMID HAPPENED, UH, TWO MONTHS LATER AFTER HE HAD ALREADY FI UH, TALKED WITH MR. MARINO.
[00:30:01]
AND I SUSPECT GIVEN, UH, MANY OTHER EXAGGERATIONS.THE PICTURE I'M CIRCULATING IS AN EXAGGERATION EXAMPLE.
MANY OTHER EXAGGERATIONS AND MISREPRESENTATIONS, I SUSPECT THEY WERE FROM OUTSIDE.
I DID SEE ONE THAT WAS INSIDE, UH, MYSELF.
WE ARE, UM, MAKING SURE THAT WE CAN MAKE THE EXHIBIT, UM, OR THE SUBMISSION AVAILABLE FOR REMOTELY YES.
IF SO, WE'RE GONNA HAVE THAT SCANNED AND THEN WE WILL CIRCULATE IT ONCE IT'S SCANNED.
SO I THINK, UM, I HAVE COMMISSIONER SUGAR, DID YOU HAVE A QUESTION? AND THEN COMMISSIONER CAMPBELL, LESS OF A QUESTION, JUST GONNA OFFICIALLY MOVE TO CLOSE PUBLIC COMMENT, AND THEN WE CAN ASK QUESTIONS, RIGHT? IT'S GENERALLY HOW IT WORKS.
I THINK WE'RE DONE WITH PUBLIC COMMENT SECOND.
ALRIGHT, SO WE HAVE, UM, A MOTION TO CLOSE THE PUBLIC, PUBLIC PART OF THE HEARING, MEANING THAT THE OWNERS CAN NO LONGER GIVE TESTIMONY, BUT YOU COULD STILL ANSWER THE QUESTIONS.
SO DO WE HAVE ANYBODY THAT'S, UM, OPPOSED TO US CLOSING THE PUBLIC PART OF THE HEARING? NO.
WE'LL CLOSE THE PUBLIC PART OF THAT HEARING.
AND COMMISSIONER CAMPBELL, GO AHEAD.
UH, YEAH, THIS IS A QUESTION FOR MR. KATES.
UM, IT'S SOUNDS LIKE HERE THAT YOU'VE LAID OUT A, A THEORY OF HOW THE SCORPIONS ARE GETTING INTO THE HOME THROUGH THE TREE BRANCHES.
AND IT SOUNDS LIKE Y'ALL HAVE MADE REMEDY OF THAT BY CUTTING THOSE TREE BRANCHES, WHICH CLEARLY RESOLVED THE ISSUE BECAUSE THERE'S NO STANDING PENDING VIOLATION.
BUT IN THIS COMMISSION TONIGHT, YOU'RE CLAIMING THAT THERE NEVER WERE ANY SCORPIONS IN THE HOME, OR AT LEAST THAT THERE WEREN'T A SIGNIFICANT PROBLEM, AND THEREFORE THE CODE DOESN'T APPLY.
I, I, I'M JUST CURIOUS HOW YOU SQUARE THOSE, BECAUSE IT SOUNDS LIKE YOU'RE SAYING, ON THE ONE HAND, Y'ALL TOOK REMEDIES TO FIX THE PROBLEM OF SCORPIONS BEING IN THE HOME, BUT ALSO YOU'RE SKEPTICAL AS TO WHETHER THERE EVEN WERE.
I I, I'M JUST WONDERING, YOU KNOW, IT, IT, IT SEEMS LIKE YOU'RE SAYING THAT THERE WAS ESSENTIALLY A FRAUD CONDUCTED BY YOUR TENANTS.
AND I, I, I'M JUST, UM, WONDERING HOW THAT SQUARES WITH YOUR, YOUR TESTIMONY HERE THAT IT SEEMS LIKE YOU'VE GIVEN A IBLE EXPLANATION OF HOW THE SCORPIONS WERE GETTING IN THE HOME.
IF THAT'S THE CASE, THERE ARE A NUMBER OF MISCONCEPTIONS, UM, OUT THERE ABOUT THE PROBLEM WITH SCORPIONS.
UM, AND, AND I'VE HAD TO DEAL WITH THOSE OVER THE YEARS.
UM, ONE OF THEM, OF COURSE, I'VE ALREADY ADDRESSED.
AND THAT IS THAT, UH, THE COMMON MISCONCEPTION IS THAT SCORPIONS WILL ACTUALLY INFEST A HOME.
THE INFESTING MEANS THAT THEY WILL SPEND ALL OR MOST OF THEIR LIFE CYCLE IN, IN THAT PLACE THAT THEY INFEST, SCORPIONS DON'T DO THAT IN HUMAN DWELLINGS.
THEY'RE ONLY PASSING THROUGH THERE TRYING TO GET FROM GEN, GENERALLY SPEAKING FROM THE ROOF BACK TO THE OUTSIDE WHERE THEIR REFUGEE IS AND WHERE THEY HAVE THE RIGHT ENVIRONMENTAL CONDITIONS FOR THEM TO SURVIVE.
UH, THERE, THERE ARE TWO, UH, WAYS TO FIX THAT.
AND THAT IS REMOVING THOSE LIMBS SO THAT THEY ARE NOT ABLE TO ACCESS THE ROOF IN THE FIRST PLACE.
THE OTHER IS TO USE ESSENTIAL OILS, FOR EXAMPLE, OR ANY KIND OF CHEMICAL THAT OVERWHELMS THE, THE STRUCTURE ON THEIR VENTRAL SURFACE THAT IS, IT'S CALLED AINE.
IT'S, IT'S, UH, UH, IT, IT'S USED TO FOR THEM TO SENSE THEIR ENVIRONMENT.
AND IF YOU, UH, HAVE A SENSORY RICH ENVIRONMENT, IT OVERWHELMS THAT APPARATUS.
THEY, THEY HAVE VERY POOR EYESIGHT, VERY PRIMITIVE EYES, AND THEIR, THEIR EYES BASICALLY ARE IN THE FORM OF THE PECTUS THAT THEY HAVE ON THEIR VENTRAL SERVICE.
UH, SO ONE OF THE THINGS THAT I HAD RECOMMENDED TO THIS CLIENT, TO THIS TENANT WAS THAT THEY USE ESSENTIAL OILS, UH, WHEREVER THEY WERE SEEING THOSE SCORPIONS IN THE HOUSE, UH, IN CONJUNCTION WITH, UH, MS. RIVERS HAVING THE TREE LIMBS REMOVED, UH, SHE REMOVED THE TREE LIMBS.
I'M NOT SURE THAT THEY EVER DECIDED
[00:35:01]
TO USE ESSENTIAL OILS, EVEN THOUGH THEY SEEM TO AGREE THAT THAT WAS A, A GOOD POINT.BY THE WAY, PESTICIDES DO NOT WORK, UM, AGAINST SCORPIONS.
IT'S, IT'S NOT THAT IT WON'T KILL THEM, IT WILL, BUT IT HAS TO BE A DIRECT CONTACT WITH THE SCORPION.
AND SINCE THEY'RE JUST PASSING THROUGH, THAT'S ALMOST IMPOSSIBLE, UH, TO ACCOMPLISH.
UM, I'M GOING TO SAY, UM, COMMISSIONER CAMPBELL, WAS YOUR QUESTION ANSWERED? UH, I, I, I THINK THAT I, I, I STILL DO NEED A BIT MORE CLARIFICATION HERE BECAUSE MY QUESTION ISN'T SO MUCH ABOUT WHAT THE APPROPRIATE METHODS OF ELIMINATING SCORPIONS ARE.
UM, AT VARIOUS POINTS IN THE CODE, IT SAYS INFESTATION, AND AT SOME POINTS IT SAYS PRESENCE OF, UM, THESE PASTS.
I, I, I JUST SUPPOSE I, I'M CURIOUS AS TO WHETHER IN YOUR PROFESSIONAL OPINION, THERE WERE SCORPIONS IN THE HOME RATHER THAN WHETHER THERE WAS, UM, SCORPIONS BLEEDING IN THE HOME.
BECAUSE THAT SEEMS TO BE THE ISSUE OF DISPUTE WHETHER OR NOT THERE WERE SCORPIONS THAT WERE IN THIS HOME.
NO, THERE'S NO QUESTION THAT THEY DID FIND SCORPIONS IN THE HOME.
UH, YOU SAW THE PICTURE OF THE STICKY TRAPS, THE, THE PYRAMID OF THEM.
THERE WERE 95 OF THOSE THAT WERE LEFT AT THE HOUSE.
NOW, THERE MAY HAVE BEEN MORE THAT SOME OF WHICH THEY TOOK WITH THEM.
BUT OF THOSE 95 THAT WERE THERE, FOUR WERE MARKED WITH THE LOCATION AND THE DATE WHEN THE SCORPION GOT ON THEM.
UM, 62 OF THOSE, BY THE WAY, HAD NO SCORPIONS ON THEM AT ALL.
21 DID FOUR OF THOSE 21 WERE MARKED WITH THE LOCATION AND THE DATE, THE DATE, BY THE WAY, WERE, UH, THE 12TH OF SEPTEMBER, ONE WAS FOUND IN THE DINING ROOM.
THE, UH, 13TH TWO SCORPIONS ON SEPARATE STICKY TRAPS.
ONE WAS FOUND IN THE, UH, UH, AT THE FRONT DOOR IN THE OTHER, IN THE UPSTAIRS BATHROOM.
UH, NOT SURPRISED THAT THEY FOUND ONE IN AN UPSTAIRS BATHROOM, BECAUSE THAT WOULD'VE BEEN VERY CLOSE TO WHERE THEY WERE TRYING TO FIRST GET INTO THE HOUSE AND THEN GET OUT TO THE OUTSIDE AT, AT THE DOORWAY.
UH, THE SCORPION WAS JUST ABOUT HOME
UH, THEN ON THE 15TH, ONE WAS FOUND IN THE MASTER BEDROOM.
BEYOND THAT, THERE WERE NO STICKY TRAPS THAT WERE MARKED FOR WHERE THE DATE AND THE LOCATION, THE IMPLICATION, AND IT'S JUST AN IMPLICATION, IS THAT, OH, AND BY THE WAY, I, I, IN INSPECTING THE STICKY TRAPS, I NOTICED TWO THINGS.
A NUMBER OF THEM HAD COPIOUS AMOUNTS OF, UH, DMA EARTH, WHICH, UH, WAS VERY SUGGESTIVE THAT THESE WERE ACTUALLY LOCATED OUTSIDE.
A NUMBER OF THE OTHERS, A VERY LARGE NUMBER OF THEM HAD EARWIGS ON THEM.
WE DON'T OFTEN FIND EARWIGS INSIDE HOMES.
ONCE IN A WHILE, IT DOES HAPPEN, BUT IT'S VERY, VERY RARE, ESPECIALLY DURING DRY PERIODS, WHICH THIS WAS A DRY PERIOD.
UH, BECAUSE OF THAT, THE IMPLICATION TO ME WAS THAT MOST OF THESE STICKY TRAPS THAT HAD, OF THE 21 THAT HAD SCORPIONS ON THEM, WERE ACTUALLY COLLECTED OUTSIDE THE HOUSE.
THEY, THEY HAD PUT STICKY TRAPS OUT THERE, UH, AND THE VAST MAJORITY OF THE, OF THE STICKY TRAPS, SIMPLY THE 62 OF THEM HAD NOTHING ON THEM EXCEPT, UM, WELL, I THINK THERE WERE SOME, UH, SILVERFISH, UH, THERE WERE A, A FEW, UH, ANTS, NOT LARGE NUMBERS, UH, I THINK FOUR DIFFERENT SPECIES OF EVENTS.
UH, I THINK FE REMNANTS OF FEATHERS.
I, I, I DO THINK THAT AT THIS POINT YOU'VE ANSWERED MY QUESTION.
UM, COMMISSIONER SLUGO AND THEN COMMISSIONER SHUGAR.
SO I JUST WANNA CUT A LITTLE BIT, UM, TO THE CHASE.
SO WE HAVE 21 OF THESE, UH, TRAPS, UM, HAD
[00:40:01]
SCORPIONS IN THEM, THE OTHERS HAD MISCELLANEOUS THINGS.FOUR OF THESE ARE VERIFIED TO HAVE BEEN INSIDE, I GUESS, HAD A QUESTION FOR THE APPELLANT.
DO YOU HAVE ANY EVIDENCE OF THE CLAIM DEFRAUDING BY THE TENANT ON THIS CASE? ANY HARD EVIDENCE AT ALL? YES.
WE HAVE THE THINGS THAT WERE TAKEN THAT YOUR PICTURE WAS TAKEN ON.
NO, I'M ASKING WHETHER YOU HAVE EVIDENCE THAT THE TENANT IS TRYING TO DEFRAUD YOU BY FAKING THESE TRAPS.
I HAVE A LONG HISTORY OF THE TENANTS COMPLAINING, UM, ABOUT, UH, ONE OR ASKING TO LEAVE THE PROPERTY.
THEY WANTED TO BREAK THE LEASE.
THAT'S NOT EVIDENCE OF IF, IF A TENANT WANTS TO LEAVE BECAUSE THE HOUSING IS INVESTED WITH SCORPIONS.
THAT'S MY QUESTION IS, DO YOU HAVE ANY EVIDENCE THAT THE TENANT HAD A, A PLAN OR, OR ANY, ANY EVIDENCE THAT THEY HAD TAKEN ACTION TO PROVIDE PLANTED EVIDENCE TO THE CODE OFFICERS TO CREATE THIS CASE? YES.
WE HAVE THE STICKY TRAPS THAT HAVE D TENACIOUS EARTH ON 'EM.
THE D TENACIOUS EARTH WAS OUTSIDE, NOT INSIDE.
THEY PLA THEY LINED THE WALLS INSIDE OF THE DINING ROOM WITH D TENACIOUS EARTH, EARTH.
I HAVE PICTURES OF THE DMA EARTH, EXCUSE ME, THEY LINED THE WALLS INSIDE WITH THE STICKY TRAPS.
I HAVE PICTURES OF THE DIATOMACEOUS EARTH, WHICH WAS OUTSIDE.
SO THE TRAPS WERE, UH, OUTSIDE THAT HAD DIAC EARTH.
THOSE WERE THE ONES THAT WERE OUTSIDE THEN TRYING TO TELL THIS, THIS, THIS DEPARTMENT THAT, UM, THOSE WERE INSIDE IS SIMPLY WRONG.
AND WHAT ABOUT THE FOUR THAT WERE INSIDE? YES, THOSE WERE INSIDE.
I'M GOING TO, AND, AND, AND THE POINT, THE POINT HERE IS THAT OF COURSE, THERE WAS NO INFESTATION.
THERE NEVER WAS AN INFESTATION.
MS. RIVERS, UM, JUST LOOKING AT, YOU DID WRITE, UH, AN EMAIL TO INSPECTOR MORENO AT SOME POINT? YES, MA'AM.
AND IN, DO YOU REMEMBER THAT EMAIL? YES.
FROM NOVEMBER 6TH, 2023? I DO.
SO IN THAT EMAIL, YOU ACTUALLY DID STATE THAT THE D HELP ME WITH THE PRONUNCIATION.
THE OUS EARTH WAS PUT ALONG THE OUTSIDE PERIMETER OF THE HOUSE.
SO OUTSIDE PERIMETER, SOUNDS LIKE IT WAS RIGHT AROUND THE LIVING AREA, CORRECT? RIGHT.
IT WAS ON THE OUTSIDE THOUGH, NOT ON THE INSIDE.
IT WAS ON THE PATIO, ESSENTIALLY, ACTUALLY, WHAT THEY DID, YOU SAW A PICTURE OF THE ROCKS, THE ROCK WALL.
IT'S A, IT'S A PRETTY NARROW PATIO.
HE PUT IT ALONG THE ROCK WALL AND THEN HE TOOK UP SOME OF THE PAVERS AND PUT IT ALONG THE PAVERS.
IS, UM, COMMISSIONER SHUGAR, UM, YEAH, I GUESS THIS IS ALSO PROBABLY MORE OF A QUESTION FOR STAFF, MAYBE ROBERT.
UM, IT'S PROBABLY LIKE THE SECOND APPEAL OF VIOLATION I'VE BEEN ON.
AND TO ME, OUR COMMISSION IS VERY STRAIGHTFORWARD.
UM, WHEN IT COMES TO AN APPEAL, ALL WE'RE DECIDING IS NOT WHETHER WE'RE LEVERAGING ANYTHING AGAINST Y'ALL, ANY KIND OF, UH, FINANCIAL FINES, ANYTHING LIKE THAT.
WE'RE JUST DECIDING WHEN THE NOTICE OF VIOLATION WAS SET, WAS THERE AN ISSUE? TO MY MIND, THERE WAS AN ISSUE.
WE'VE SEEN SCORPIONS, THEY WERE IN THE HOUSE.
IF THAT'S THE CASE, WE SAY THE VIOLATION WAS, YOU KNOW, IT WAS RIGHTFULLY, UH, GIVEN THAT'S, UH, DECIDED.
BUT THAT DOESN'T MEAN YOU'RE LIABLE.
YOU'LL GET YOUR HOUSE REINSPECTED, SCORPIONS ARE TAKEN CARE OF, AND YOU'RE GOOD TO GO.
SO, AM I UNDERSTANDING THAT CORRECTLY? THAT'S CORRECT.
THEY ARE BASICALLY JUST APPEALING WHETHER THE VIOLATION EXISTED ALL AT ALL OR NOT.
THE CASE IS CLOSED, EVERYTHING'S DONE.
THEY'RE JUST DETERMINING WHETHER THEY HAD AN ISSUE.
SO WITH THAT IN MIND, I'M JUST GOING TO CUT TO THE CHASE AND I PERSONALLY WOULD MOVE TO CLOSE, UH, THE HEARING AND ADOPT STATUS.
I, SORRY, COMMISSIONER BACK FINDINGS OF FACT.
THE HEARING IS ALREADY CLOSED, BUT GO AHEAD.
YEAH, NO, I THINK JAMES, SO WE HAVE AN MR. OH, SORRY.
WE'LL SEE THE EXHIBIT, BUT OKAY.
YOU KIND OF KNOW WHERE I STAND ON THIS AT LEAST.
DO WE, DO WE, YOU KNOW, THERE'S A VIOLATION.
CAN WE PLEASE HEAR IN DETAIL, 'CAUSE I DON'T THINK ANY DETAIL WAS GIVEN WHY THIS IS RESULTING IN REQUIRING OF SELLING THE HOUSE.
I'M NOT SURE WE'RE, WE'VE HEARD ANYTHING ABOUT THE DAMAGES THAT YOU IMPLIED THAT THERE WERE FOR HAVING A VIOLATION LEVIED AGAINST THE PROPERTY.
SO THAT MIGHT ADD AT LEAST A LITTLE BIT OF CLARITY AS TO YOUR VEHEMENT THAT THIS BE REMOVED FROM THE RECORD OF THE PROPERTY.
[00:45:01]
UH, COMMISSIONER BENIGNO, I, I LIKE THAT QUESTION.AND I NOTICED ALSO 'CAUSE I WAS GOING TO REMIND MS. RYAN, WHO WAS SUPPOSED TO TESTIFY AS TO THE EFFECT THAT THE NOTICE OF VIOLATION HAS HAD ON YOUR INTENT TO SELL.
SO ALSO, IF YOU COULD ANSWER THOSE TWO QUESTIONS, WHY YOU HAVE TO SELL.
UM, I'LL SAY THE REALTOR WILL BE A BETTER PERSON TO ANSWER THESE QUESTIONS.
WELL, IT'S ON, IT'S IT ON, UM, THE REASON WHY SHE'S SELLING THE HOME IS BECAUSE OF THIS CONSISTENT, THIS SITUATION THAT TRANSPIRED WITH, WITH HER IN THIS.
THEY'VE FOUND THE, HAD THE HOME, WE'VE NEVER HAD A PROBLEM WITH IT BEFORE, AND WE DON'T KNOW WHERE WE'RE THE NEXT STEP IS THAT THEY MAY TAKE PLACE IN THIS.
AND WE HAVE CLEARED IT UP, AND YOU ALL ARE SAYING THIS, BUT IT HAS CAUSED SITUATIONS WITH, YOU KNOW, PEOPLE TALKING ABOUT WHAT'S HAPPENED HERE.
AND THE HOME IS FULL OF SCORPIONS.
AND, UM, THIS HAS BEEN A SITUATION TO WHERE IT'S BEEN TAKEN CARE OF.
AND SHE'S, I'M DONE WITH THIS.
I, YOU KNOW, OUR INVESTMENT HAS BEEN, YOU KNOW, WE FEEL IT COULD GET, YOU KNOW, WE FEEL THAT THIS SITUATION HAS JUST CAUSED A YES.
IF I MAY ADD SOME COLOR TO THAT ANSWER.
THE, UM, THE TENANTS HAVE A LAWYER.
THEY'VE DEMANDED, UH, MANY TENS OF THOUSANDS OF DOLLARS.
THEY, UH, THE FACT OF THE ISSUANCE OF THE NOTICE OF VIOLATION MUST BE REVEALED.
MY REALTOR TELLS ME IS, UH, WE HAVE NOTE, WE HAVE DISCLOSURES THAT MUST BE GIVEN.
AND THE CITY'S YOUR DECISION TONIGHT TO SAY THE CODE VIOLATION SHOULD NEVER HAVE BEEN ISSUED.
YOU CAN BASE THAT ON THE EXPERT TESTIMONY YOU HAVE RECEIVED, THAT THERE WAS NO INFESTATION, FOUR SCORPIONS FOUND IN THE HOUSE DOES NOT CONSTITUTE AN INFESTATION.
AND AS A MATTER OF LAW, THE ORDINANCE THAT ALLOWS THE DEPARTMENT TO ISSUE SUCH VIOLATIONS IS FOR INFESTATIONS OF RODENTS AND INSECTS.
SCORPIONS, AS MR. CAGE SAYS, OR IS NEITHER A RODENT NOR AN INSECT.
SO WE ASK THIS COMMISSION TO CONSIDER HELPING A LANDOWNER TO AVOID THE MIGHTY POWER OF THE CITY IN, IN DEMONIZING MY PROPERTY IN AN EFFORT TO, UM, HELP A TENANT WHO I NEVER GOT A CHANCE TO EVEN RESPOND TO BEFORE THE VIOLATION WAS ISSUED.
UM, COMMISSIONER FRANCIS, MAY I, MAY I TELL YOU ABOUT THE DISCLOSURE, WHICH IS EXTREMELY IMPORTANT IN THE SALE OF A HOME AND WHY THIS IS WELL, WE ASKED YOU TO, WHEN YOU HAD THE CHANCE, REMEMBER OKAY.
SO I THINK WE ARE ALL RESPECTFULLY, THAT'S WHAT THE QUESTION WAS.
TELL US MORE ABOUT THE DISCLOSURES REQUIRED FOR SELLERS IN TEXAS.
I'M, I'M SAYING RESPECTFULLY TO THE REALTOR.
THAT IS WHAT THE QUESTION WAS.
WE'RE ASKING WHY THE DISCLOSURE IS SO DAMAGING.
I, I ASKED IT, YOU WERE SET UP TO TESTIFY ABOUT IT, AND WE STILL HAVE NOT HEARD SPECIFICALLY.
SO IF YOU COULD PLEASE BE DETAILED ABOUT ABSOLUTELY.
WHY, EXCUSE ME, IT'S SO DAMAGING.
SO WHEN, WHEN A HOME GOES ON THE MARKET, UM, FOR SALE, THIS HAS BEEN A CONCERN THAT WHEN WE, WHICH RICKY WAS GOING TO BE WAITING A COUPLE OF YEARS BEFORE WE SELL, BUT AT THIS POINT, SHE DECIDED TO DO THIS.
NOW BECAUSE THIS CODE HAS BEEN ON THERE, THERE'S A DISCLOSURE STATEMENT THAT WHEN YOU SELL YOUR HOME, YOU HAVE TO FILL OUT FOR THE, UM, FOR THE REAL ESTATE COMPANY THAT TELLS YOU YOUR AIR CONDITIONER, YOU KNOW, IF YOU'VE HAD PEST PROBLEMS, ROOF PROBLEMS, THIS IS LIKE A SEVEN, FOUR TO SEVEN PAGE DOCUMENT.
AND SO ON THIS DISCLOSURE, RICKY WILL HAVE TO PUT INFESTATION OF, AS IT'S QUOTED BY THE CITY OF, OF THE, UH, OF SCORPIONS AND WHAT THE SITUATION IS.
ALL OF THE DOCUMENTS THAT HAVE BEEN WRITTEN BY, UM, THE CITY, UM, ALL HAS TO BE ATTACHED TO THIS.
SO WHAT DO YOU THINK'S GOING TO HAPPEN AT THIS POINT? WHEN A BUYER COMES IN TO LOOK AT THIS $1.7 MILLION HOME TO PURCHASE AND WE HAVE INFESTATION OF SCORPIONS, WHAT'S GONNA HAPPEN TO OUR PRICE? THEY'RE NOT GONNA GIVE HER WHAT SHE'S ASKING FOR.
AND THAT'S, THAT'S, THAT'S KIND OF WHERE WE ARE.
MR. BIDDINGO, WHAT I WISH TO DISCLOSE IS THAT THE COMMISSION, OKAY, WE CAN'T REVOKED IT.
WE CAN'T KEEP, YOU KNOW, GIVING THIS, I KNOW WE ASKED FOR DETAILS, BUT WE, WHEN WE SAID DETAILS, WE ALSO WANT YOU TO BE CONCISE, AS YOU KNOW.
SO WE'VE ALREADY CLOSED THE PUBLIC PART OF THE HEARING, AND SO YOU'LL HAVE QUESTIONS POSED TO YOU.
AND MY SUGGESTION IS TO BE AS CLEAR AS POSSIBLE, UM, TO ANSWER THE SPECIFIC QUESTIONS.
'CAUSE THAT WOULD HELP THE COMMISSIONERS KNOW WHAT TO DO.
UM, COMMISSIONER BENIGNO, WAS YOUR QUESTION ANSWERED?
[00:50:02]
YES, BUT I ALSO HAD A QUESTION FOR MR. KATES.I GUESS I'M LOOKING KIND OF ESSENTIALLY FOR A YES OR NO ANSWER.
AND MY QUESTION IS, IS YOUR TESTIMONY THAT BECAUSE SCORPIONS CAN'T SURVIVE IN A HOUSE FOR LONGER THAN 24 HOURS APPROXIMATELY, THEN BY DEFINITION THERE CANNOT BE A SCORPION INFESTATION BECAUSE THEY CAN'T LIVE AND BREED THERE.
IS THAT WHAT YOUR TESTIMONY, THE, THE CRUX OF IT WAS QUESTION? UH, THAT'S CORRECT.
MAY I HAVE YOUR PERMISSION TO CIRCULATE THE OPPONENT'S EXHIBIT? YES.
WAS MS. UH, COMMISSIONER IGNER ABLE TO GET IT? I BELIEVE SO.
HE HAS ACCESS TO THE, TO THE GOOGLE DRIVE, UH, FOLDER THAT WE HAVE SET UP ONLINE, AND IT SHOULD BE THERE.
WE WILL, UM, GO AHEAD AND ADMIT THE OWNER'S EXHIBIT, WHICH IS THE PHOTOGRAPH MARKED AS ONE.
UM, COMMISSIONER FRANCIS, YOU CAN CONTINUE.
COMMISSIONER, STILL, UH, THANK YOU MADAM CHAIR.
I, I JUST HAVE A COUPLE OF QUESTIONS AND I THINK THEY'RE BOTH GONNA BE FOR, UM, COUNSEL MS. HERRERA.
UM, SO, UM, SO THE FIRST QUESTION, UM, I APOLOGIZE, THIS IS A LITTLE BIT OPEN-ENDED BECAUSE I'M NOT REALLY SURE HOW TO MAKE IT MORE SUCCINCT THAN THIS.
AND I REALIZE THAT THIS PHASE HAS ALREADY GONE ON FOR A WHILE.
SO WITH APOLOGIES, I WONDER IF YOU COULD PROVIDE ANY GUIDANCE TO THE, TO THE COMMISSION ABOUT SORT OF WHAT WE SHOULD THINK OF IN TERMS OF OUR STANDARDS AT THIS STAGE? UH, I GUESS, SO SORT OF BY WAY OF ANALOGY, YOU CAN IMAGINE THERE'S THE STANDARD THAT SOMEBODY WOULD NEED TO ARREST SOMEONE FOR A CRIME MIGHT BE A PROBABLE CAUSE, BUT THE STANDARD TO CONVICT THEM WOULD BE A HIGHER STANDARD OF, YOU KNOW, REASONABLE DOUBT, YOU KNOW, BEYOND A REASONABLE DOUBT, THAT SORT OF THING.
AND, AND, AND SO I, I GUESS WHAT I'M CURIOUS ABOUT IS, AT THIS STAGE, PARDON ME, SORRY ABOUT THAT.
AT THIS STAGE WHERE IT'S AN APPEAL FROM A NOTICE OF VIOLATION WHERE WE'RE SORT OF NOT AT THE END STAGE WHERE AS COMMISSIONER CHUGA WAS POINTING OUT, WE PROPOSED TO IMPOSE SOME KIND OF PENALTY AT THIS STAGE, IS THERE A STANDARD THAT HELPS US WEIGH, OKAY, ON THE ONE HAND WE HAVE THIS PHOTOGRAPH WITH THIS GIANT PYRAMID OF SCORPIONS, YOU KNOW, THAT WOULD APPEAR TO CLEAR ONE HURDLE FOR A NOTICE OF VIOLATION, AT LEAST SOME OF US MIGHT THINK SO, WHEREAS AT A LATER STAGE, MR. CAGES COMES IN AND EXPLAINS TO US WHY SCORPIONS CAN'T INFEST IN THE WAY ALLEGED, OR WHY THESE, YOU KNOW, YOU CAN SHOW TECHNICAL REASONS WHY WE MIGHT, WE MIGHT THINK, OKAY, NOTWITHSTANDING THE INTUITIVE, YOU KNOW, PLAUSIBILITY OF AN INFESTATION BASED ON WHAT WE SAW BEFORE, WELL, NOW WE MIGHT, WE MIGHT DECIDE, OKAY, WE'RE NOT GOING TO IMPOSE A PENALTY.
UM, IS THERE ANY, IS THERE ANY SORT OF RUBRIC OR FRAMEWORK, YOU KNOW, THAT WOULD HELP US, HELP US DECIDE WHETHER OKAY, THEY MAKE GOOD POINTS, BUT THAT'S FOR LATER, YOU KNOW, WE, WE THINK THAT, YOU KNOW, BASED ON WHAT WE'VE SEEN, THERE WAS ENOUGH FOR THIS FOR STAFF TO, TO TO, TO AT LEAST PUT A NOTICE OF VIOLATION.
AND I DO HAVE ANOTHER QUESTION, BUT I'LL LEAVE THAT ONE FOR NOW.
I, I UNDERSTAND WHAT YOU'RE SAYING.
AND, AND UNFORTUNATELY THERE REALLY IS NO BURDEN OF PROOF, FOR EXAMPLE, LIKE BEYOND A REASONABLE DOUBT OR, YOU KNOW, CLEAR AND CONVINCING EVIDENCE THAT'S APPLIED TO THESE TYPES OF QUASI-JUDICIAL PROCEEDINGS.
UM, IT REALLY IS A MATTER OF, YOU KNOW, BASED ON YOUR OWN INDIVIDUAL OPINION DISCRETION, UM, THOUGHT, RIGHT.
DO YOU ALL BELIEVE THAT A VIOLATION OF CITY CODE DID IN FACT OCCUR ON THE DATE THAT IT WAS ALLEGED TO HAVE OCCURRED? UM, THAT IS INCLUDED IN THE NOV BASED ON ALL OF THE EVIDENCE AND TESTIMONY THAT HAVE BEEN PRESENTED TO YOU BOTH BY THE CITY AND ALSO BY MS. RIVERS, UM, TONIGHT.
SO IT, IT'S PRETTY BROAD, UM, AND IT DOES GIVE YOU ALL A, A GOOD DEAL OF DISCRETION.
BUT YES, AS FAR AS YOU KNOW, WHAT KIND OF BURDEN OR WHAT KIND OF STANDARD OF PROOF CAN I RELY UPON, THERE REALLY ISN'T ONE FOR THIS PARTICULAR PROCEEDING.
AND THEN I, I, LIKE I SAID, I HAVE A BRIEF SECOND QUESTION.
I THINK THIS GOES TO THE, UM, THE SECOND QUESTION GOES TO THE TERMS THAT WERE, THAT WERE USED.
THERE'S BEEN A REFERENCE MADE TO THE TERMS LIKE RODENT AND, UM, AND INSECT IN THE, IN THE PAST PROVISION.
AND I GATHER THAT THESE ARE TERMS THAT HAVE, UM, TECHNICAL AND NON-TECHNICAL SENSES.
YOU KNOW, LIKE, I THINK, SO, YOU KNOW, WEBSTER'S DICTIONARY FOR RODENT, YOU COULD BE TALKING ABOUT THE, YOU KNOW, THE, THE ORDER OF RODIA, BUT IT COULD ALSO BE, YOU KNOW, LIKE A SMALL MAMMAL, LIKE A RABBIT OR A SHREWD, IT'S NOT TECHNICALLY WITHIN THAT ORDER, BUT, BUT YOU KNOW, PEOPLE WOULD USE THE WORD RODENT TO REFER TO IT SIMILARLY, UM, YOU KNOW, A SECOND SENSE OF INSECT, IT COULD BE A MEMBER OF THE CLASS INSECTA, THESE ARTHROPODS, BUT I THINK THERE'S A SECOND SENSE WHERE IT COULD BE SPIDERS AND CENTIPEDES AND ARACHNE AND SO FORTH.
[00:55:01]
ON HOW, UM, FOR EXAMPLE, A DISTRICT COURT REVIEWING ONE OF OUR ORDERS WOULD BE LIKELY TO CONSTRUE THAT TERM AS IT APPEARS IN CODE, UM, AS BETWEEN THE TECHNICAL SENSE THAT WOULD LIMIT IT TO SOMETHING THAT'S TECHNICALLY OF THE ORDER IN SECA IN THE NOT TECHNICAL SENSE, UNDER WHICH IT WOULD PROBABLY INCLUDE LIKE A SPIDER OR A SCORPION.AND THAT'S, THAT'S ALL I HAVE.
I'M, I'M SORRY, THE, SO THE QUE YEAH.
I WAS ASKING IF, IF YOU HAVE ANY THOUGHTS OH, AS TO WHETHER, SO IF WE WERE TO FIND SOMEBODY TO HAVE A PEST INFEST INFESTATION ON THE BASIS OF INFESTATION BY A SCORPION OR A SPIDER, IN YOUR VIEW, WOULD THAT, WOULD THAT FALL AFOUL OF THE ORDINANCE? BECAUSE THERE'S A TECHNICAL SENSE UNDER WHICH THE WORD INSECT DOESN'T INCLUDE SCORPIONS OR SPIDERS.
AND I THINK PART OF THE ISSUE IS I'M NOT AWARE, I'D HAVE TO LOOK AT THE CODE AND SEE IF, IF THE CODE EVEN PROVIDES A DEFINITION, RIGHT, UM, OF THESE TERMS. AND THEN OF COURSE, GENERALLY IF THERE'S NO DEFINITION PROVIDED BY CODE, WE LOOK TO, YOU KNOW, AS YOU POINTED OUT, WHAT IS A DICTIONARY OR, YOU KNOW, WHAT IS THE GENERAL UNDERSTANDING OF WHAT THAT TERM MEANS, UM, IS USUALLY HOW A COURT, FOR EXAMPLE, WOULD, WOULD LOOK AT IT.
IF, IF A STATUTE DOESN'T PROVIDE A AN EXPLICIT DEFINITION, UM, I CAN CERTAINLY TAKE A, A, A QUICK LOOK AND SEE IF THERE IS ANYTHING IN CODE THAT CAN ALSO KIND OF PROVIDE.
AT THE END OF THE DAY, I DO WANT TO KIND OF STRESS THE MORE OR LESS STANDARD THAT WE HAVE, WHICH IS, IT'S REALLY WITHIN Y'ALL'S YOUR, YOU ALL'S DISCRETION TO LISTEN TO THE EVIDENCE, LISTEN TO THE TESTIMONY, WEIGH THEM, AND, AND ULTIMATELY MAKE A DECISION BASED OFF OF, UM, BASED OFF OF THAT.
SO BASED ON AND CREDIBILITY AND THINGS OF THAT SORT.
SO BASED ON WHAT YOU'RE SAYING, IT SOUNDS LIKE JUST OFF THE TOP OF YOUR HEAD, IT'S NOT LIKE THIS COMES UP ALL THE TIME AND OH YEAH, IT'S WELL ESTABLISHED FROM THE CASE OF SO-AND-SO VERSUS SO AND SO THAT SCORPIONS DON'T COUNT.
YOU KNOW, IT'S NOT THAT YOU KNOW, IT, IT MAY VERY WELL BE THE CASE THAT THAT, YOU KNOW, A SCORPION IS AN INSECT, AT LEAST, YOU KNOW, BROADLY, BROADLY DEFINED.
UM, YEAH, SO I, I AGREE I HAVE A QUESTION ABOUT THAT.
BUT THEN WHEN WE START DIVING DEEP INTO THOSE DEFINITIONS, UNLESS THERE'S SPECIFICALLY IN THE CODE, UM, AS OPPOSED TO LOOKING AT LOOKING AT THE SPIRIT OF THE LAW, THE CODE ITSELF, THEN I AM WORRIED THAT WE'LL HAVE A LOT OF THESE, UM, CASES COMING BACK TO US BASED ON THE SEMANTICS, WHICH IT IS IMPORTANT IN THE BIOLOGICAL, UM, THOSE KINDS OF, UM, WORLDS.
BUT AS FAR AS, UM, COMMON USAGE, THEN WE MIGHT HAVE TO GO WITH THAT.
UM, SO I HAVE COMMISSIONER FRANCIS AND THEN COMMISSIONER OLUGO AND COMMISSIONER CAMPBELL IN THAT ORDER.
I GUESS, UH, FOR THE INSPECTOR, UH, I'M STRUGGLING WITH THE WORD INFESTATION.
I LIVED IN TEXAS A LONG TIME AND SCORPIONS EVERY NOW AND THEN THERE'S TWO OR THREE OF 'EM IN THE HOUSE.
I WOULD NEVER CONSIDER THAT TO BE AN INFESTATION.
JUST COMES ALONG WITH LIVING HERE, UH, HAPPENS, RIGHT? SO TO SAY THERE WAS AN INFESTATION, WE'VE ALREADY HEARD THAT THAT'S AN INCORRECT ASSUMPTION, RIGHT? THAT'S JUST CAN'T OCCUR GIVEN THE SPECIES OF, OR THE SCORPION THAT WE'RE TALKING ABOUT.
SO IT WOULD SEEM TO BE CONTRADICTORY TO HAVING ISSUED THIS, DETERMINING SEEMS SOMEWHAT SUBJECTIVE ABOUT WHETHER THIS IS AN INFESTATION, RIGHT? INFESTATION, I WALK IN AND IT TAKES MY BREATH AWAY.
MAYBE QUANTI QUALIFIES AS THAT, BUT A COUPLE OF SCORPIONS ONE DAY JUST SEEMS TO BE DIFFICULT TO LABEL THAT AS INFESTATION IN MY OPINION.
I, I'VE HAD 'EM IN THE HOUSE TOO, SO I, YOU KNOW, AND IT'S CYCLICAL AND THEN THEY'RE GONE.
AND ANYWAY, SO IT, THAT DEFINITION OF, AND IT SAYS RIGHT THERE, FREE FROM INSECTS AND RODENT INFESTATION AND NOT JUST HAVING AN INSECT.
WE ALL GOT ROACHES EVERY NOW AND THEN, BUT DOES IT QUALIFY THAT BY BEING THE WORD INFESTATION? I THINK THAT'S WHERE IT BECOMES A LITTLE MURKY IN, IN MY OPINION.
I DO HAVE A QUESTION FOR INSPECTOR MORENO FIRST, UM, DID I CUT YOU OFF OR ARE YOU DONE? OKAY, SO, UM, JUST LOOKING AT THE NOTES FROM THE, THE, THIS CASE, IT LOOKS LIKE YOU WERE ABLE TO GO INSIDE IN OCTOBER, AT THE END OF OCTOBER.
DO YOU REMEMBER THAT? YES MA'AM.
AND WOULD, HOW MANY DID YOU SEE? BECAUSE IT LOOKS LIKE YOU SAW SOME SCORPIONS, UM, INSIDE THE HOME, NOT ON THE PATIO, SO, YEAH.
CAN YOU TELL US, ACCORDING TO THE TENANT, THE ON EXHIBIT TWO B, THOSE WERE THE STICKY TRAPS THAT WERE IN ON THE INTERIOR OF THE HOME.
AND THOSE WERE REMOVED BEFORE I GOT THERE BECAUSE OF THE TODDLER IN THE HOME.
OKAY, SO YOU SAW THE SAME PYRAMID THAT WE ARE LOOKING AT? CORRECT.
AND SOME OF THOSE SCORPIONS INSIDE THE STICKY TRAPS WERE STILL ALIVE.
[01:00:01]
I'M SORRY THEN I, THEN I MISUNDERSTOOD.SO YOU'RE SAYING THOSE WERE ALL PILED UP INSIDE THE HOUSE WHEN YOU SHOWED UP? UH, UH, THAT'S, YES.
THEY WERE INSIDE THE, THE GARAGE AND LAUNDRY ROOM.
UM, THE, THE, THE TENANT AT THAT TIME TOLD ME HE REMOVED 'EM FROM THE INTERIOR OF THE HOME.
BECAUSE, BECAUSE OF THE TODDLER.
AND YES, AND SO WE'LL THEN ALSO TALK ABOUT WHETHER THE PATIO IS CONSIDERED PART OF THE HOUSE FOR THOSE PURPOSES.
SO WE HAVE A LOT OF DEFINITIONS, UM, IN FRONT OF US TONIGHT.
WOULD IT BE ACCEPTABLE FOR THE INFEST IF THERE WERE ANY INFESTATION WILL BE ACCEPT ACCEPTABLE IF IT WAS ON THE PATIO AS OPPOSED TO BE, YOU KNOW, INSIDE THE FRONT DOOR? SO COMMISSIONER OLUGO, SO IT SEEMS THAT ALSO THE, UH, UH, THE GARAGE AND THE PA AND THE LAUNDRY ROOM WERE, UH, DEFINED AS OUTSIDE OF THE HOUSE BY, BY THE APPELLANT.
I'LL, I'LL BE VERY CLEAR, IF 20 SCORPIONS SHOW UP IN MY LAUNDRY ROOM, GARAGE IN MY HOUSE, MASTER BEDROOM, BATHROOM, AND EVEN ON THE PATIO IF MY 1-YEAR-OLD SON IS OUT THERE, I, I WOULD, I THINK I'LL LET, UH, COMMISSIONER CAMP BELL, UH, MOTION.
BUT I, I WOULD MOTION TO DENY THE APPEAL AND WE HAVE BUSINESS TO ATTEND TO THAT IS LESS CLEAR CUT, YOU KNOW, UPCOMING IN MY MIND.
AND JUST TO REMIND YOU, THERE IS ALSO THE QUESTION OF WHETHER THERE WERE FOUR INSIDE OR 21 INSIDE, OBVIOUSLY.
SO, UM, COMMISSIONER CAMPBELL, SO I THINK THAT WHAT WE HAVE HERE IS A SITUATION WHERE THERE IS PERHAPS SOME ISSUES OF DEFINITIONS AND PERHAPS SOME ISSUES OF FACTS IN GENERAL.
I, I'M INCLINED TO OFFER SOME DEFERENCE TO THE INVESTIGATION DONE BY, UM, UH, MR. MORENO HERE BECAUSE, YOU KNOW, WE ARE AS COMMISSIONERS TAKING THE EVIDENCE AS WE, AS WE'VE GOTTEN IT, AND THERE ISN'T NECESSARILY EVIDENCE THAT THE, THE PROPERTY OWNERS HAVE HAVE PROVIDED THAT, UM, IMPLY THAT THERE WAS AN ACTUAL, UH, THAT, THAT THESE ARE STAGED IN ANY CAPACITY.
I KNOW THAT THEY'VE MADE THAT ALLEGATION, BUT I I I'M JUST NOT SURE IF ANY CREDIBLE SPECIFIC EVIDENCE HAS BEEN GIVEN TO THAT EFFECT.
UM, I THINK IN LIGHT OF THAT, I I WOULD JUST SUGGEST THAT WE THINK OF WHAT PROVIDES THE MOST EFFECT TO THE CODE.
YOU KNOW, CERTAINLY I THINK THAT IF WE SAY HERE THAT WE'RE NOT WILLING TO, UH, SAY THAT SCORPIONS ARE PART OF THE VOTING CODES, THEN THAT SEEMS A LITTLE BIT ODD FOR PEOPLE WHO MAY HAVE SIGNIFICANT NUMBERS OF SCORPIONS IN THEIR HOME.
AND IF WE'RE WILLING TO SAY THAT INFESTATIONS MEAN THAT THEY HAVE TO BE BLEEDING IN THE HOME, THEN THAT MEANS THAT TRANSIENT POPULATIONS OF, UH, BUGS OR RATS CAN CRAWL THROUGH SOMEBODY'S HOME AND, AND NOT BE CONSIDERED AN INFESTATION EITHER.
IT, IT SEEMS TO ME AS THOUGH WHAT IS SOMEWHAT UNCONTROVERTED IS THAT THERE WERE SCORPIONS IN THESE PEOPLE'S HOME AND IN THE, THE TENANTS, UH, RESIDENCE AND THAT THEY FELT THAT THEY NEEDED TO COMPLAIN ABOUT IT TO THE CITY OF AUSTIN.
AND WHILE PERHAPS THIS IS NOT A CASE THAT WOULD WARRANT ANY KIND OF FINE, AND CLEARLY IT ISN'T, THE CASE HAS BEEN CLOSED, I'M JUST NOT SURE IF WE SHOULD, UM, YOU KNOW, GO ABOUT SAYING THAT.
WE'LL, YOU KNOW, WRITE THIS OFF THE RECORD.
UM, FOR THE SAKE OF THE PROPERTY OWNERS GETTING A BETTER BID DURING SALE, I DON'T THINK THAT THAT'S OUR RESPONSIBILITY.
I THINK THAT WE HAVE SOME REASON TO GIVE DEFERENCE TO THE FACT THAT A VIOLATION WAS THAT A NOTICE OF VIOLATION WAS GIVEN.
AND YOU KNOW, FRANKLY, I WOULD AT THIS TIME IF, UM, THERE'S NO FURTHER QUESTIONS.
MOTION TO CLOSE THE HEARING AND ADOPT, UH, UH, THE PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW AND DENY THE APPEAL.
ALRIGHT, UM, DID COMMISSIONER FRANCIS HAVE ANY OTHER, ANYTHING FURTHER? THAT'S WHAT I WAS GONNA DO.
SO MADAM, I DO THINK COMMISSIONER BENIGNO HAD BEEN, OH, COMMISSIONER BEIGN HAD BEEN SIGNALING, BUT I DON'T KNOW IF HE STILL, I I JUST HAD A, I MEAN, IT'S BEEN SECONDED, SO IT'S, IT'S, I DON'T NEED TO DERAIL, RE DERAIL.
I WAS JUST GONNA POINT OUT THAT THE, WHAT COMMISSIONER OLUGO SAID WAS JUST UNDER DISPUTE IN TERMS OF WHETHER THE, I DON'T THINK THAT THE PROPERTY OWNERS CONCEDED THE POINT THAT ALL THOSE WERE IN THE GARAGE OR LAUNDRY AREA.
I THINK THE INSPECTOR WAS SAYING THAT HAD BEEN BROUGHT IN THAT WAY AND THE PROPERTY OWNERS WERE SAYING THAT THEY WERE FOUND OUTSIDE AND ALLEGING THEY WERE STAGED AND THE TENANT WAS SAYING THAT THEY WERE FOUND IN THE HOUSE.
SO WE'D HAVE A, HE, SHE, HE SAID, SHE SAID SITUATION.
I DON'T THINK THE PROPERTY OWNERS AGREED THAT THEY WERE FOUND IN THE LAUNDRY ROOM OR GARAGE.
I COULD HAVE MISUNDERSTOOD THAT.
IT PROBABLY DOESN'T CHANGE THE VOTES AT ALL.
THAT WAS THE ONLY POINT I WAS GONNA MAKE.
SO PLEASE CONTINUE WITH THE SECONDED MOTION.
THAT WAS THE SAME POINT I WAS TRYING TO MAKE WHEN I SAID THAT THERE IS A QUESTION ABOUT WHETHER THERE WERE FOUR OR 21
[01:05:01]
INSIDE, UM, AND WHETHER OUTSIDE MATTERS OR NOT.UM, IF THERE WERE ON THE PATIO, WERE THEY ON THEIR WAY TO GO INSIDE THE HOUSE? WHO KNOWS? UM, SO WE DON'T QUITE KNOW IN TERMS OF INFESTATION, BUT WHAT I DO FEEL CONFIDENT ABOUT IS THAT, THAT SINCE YOU HAVE, UM, OTHER AVENUES TO ADDRESS THIS, 'CAUSE IT SEEMS LIKE YOU STILL HAVE ANOTHER CASE WITH THIS PARTICULAR TENANT.
YOU MIGHT BE BETTER SERVED BRINGING THIS UP AS WELL AND LET A COURT, UM, DEAL WITH THAT PART.
UM, SO, UH, WE'LL GO AHEAD AND GO AROUND AND TAKE THE VOTE NOW.
I THINK WE'RE OKAY WITH THAT, EVERYONE.
AYE, COMMISSIONER CAMPBELL? AYE.
COMMISSIONER FRANCIS? AYE I'M IN FAVOR.
AND COMMISSIONER, UM, SIG? NO.
UM, SO MS. RIVERS, THANK YOU SO MUCH, UH, FOR COMING AND I UNDERSTAND WHY YOU DID THE APPEAL AND YOU WILL BE GETTING A NOTICE OF THIS DECISION TONIGHT.
YOU'LL BE GETTING A COPY OF THE DECISION, UM, AND MAYBE YOU CAN USE THAT IN THE OTHER CASE IF NEED BE.
SO THAT MIGHT BE A BETTER PLACE 'CAUSE WE COULDN'T DEAL WITH HEARSAY HERE TONIGHT.
BUT THANK YOU FOR BEING HERE AND THANK YOU MR. GATES AND MS. RYAN.
[2. Case Number: CL 2024-004526]
CHAIR, MAY I CALL THE NEXT ITEM? YES, GO AHEAD.ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2 2 4 0 0 4 5 2 6 AND IS REGARDING THE PROPERTY LOCATED AT 1 0 1 2 RAINY STREET, FORMERLY KNOWN AS RAINY ARMS APARTMENTS, ALSO KNOWN AS ICONIC AT MUELLER ONE APARTMENTS STAFF EXHIBITS CAN BE FOUND IN THE TANGERINE BOOKS IN YOUR READERS AND THE GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN OCTOBER, 2023 AFTER A PERIODIC INSPECTION.
THIS PROPERTY IS REGISTERED WITH THE CITY OF AUSTIN'S REPEAT OFFENDER PROGRAM.
NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE CITED.
VIOLATIONS ARE PRESENT IN THE DATABASE OF RECORD.
CONDITIONS AT THE PROPERTY ARE CONSIDERED UNSAFE AND SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR READERS OR 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 THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED, UH, NOTICES, PROOFS OF MAILING, AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO W AND THE RECOMMENDED ORDER CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.
INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ERIC FINN AND I'M A CODE INSPECTOR WITH THE DEVELOPMENT SERVICES DEPARTMENT FOR AUSTIN CODE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL MULTIFAMILY STRUCTURE KNOWN AS THE REMLEY ARMS APARTMENTS ASSIGNED TO THE REPEAT OFFENDER PROGRAM.
IT IS LOCATED AT 10 12 REN STREET IN AUSTIN, TEXAS.
UH, THE TCA OWNER OF RECORD WAS IDENTIFIED AS 10 12 REN STREET LLC.
I CONDUCTED A PERIODIC INSPECTION OBSERVING VARIOUS PROPERTY MAINTENANCE AND CODE VIOLATIONS THROUGHOUT THE BUILDING STRUCTURES AT THIS PROPERTY.
I CONDUCTED A FOLLOW UP INSPECTION ON FEBRUARY THE 13TH OF 2024 AND OBSERVED THAT VARIOUS VI CODE VIOLATIONS FROM THE INITIAL INSPECTION REMAIN THROUGHOUT THE PROPERTY.
I WILL NOW MOVE TO MY PRESENTATION OF PHOTOGRAPHS ON THIS PROPERTY.
EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW OF THE STREET SIGN, WHICH IS ABOUT TWO BLOCKS TO THE SOUTHWEST OF THE PROPERTY.
NEXT EXHIBIT, EXHIBIT TWO B IS JUST A CONTEXTUAL VIEW OF THE FRONT OF THE PROPERTY, UH, LABELED
[01:10:01]
10 12 RELEY STREET.NEXT EXHIBIT EXHIBIT TWO C IS JUST A CLOSEUP VIEW OF ONE OF THE FRONT, THE LOWER PART OF ONE OF THE FRONT WINDOWS WHERE THERE'S DETERIORATED OR DECAYING WOOD.
NEXT EXHIBIT, EXHIBIT 2D IS JUST A, UH, CONTEXTUAL VIEW OF THE LOWER PART OF A LANDING BETWEEN UNITS ONE 19 AND ONE 20.
UH, IN THIS PHOTO YOU WILL NOTE, UH, THE EDGE OF THE TRIMMING WOOD THERE AND THE SOFFIT IS, UH, THEY HAVE HOLES IN IT AS WELL AS BRAKES.
UH, THIS IS JUST ANOTHER VIEW SHOWING THE HOLES, UH, PROTRUDING THROUGH THE, UH, TRIM MATERIALS THERE.
UH, AND A BIT OF DEBRIS COMING OFF THE LANDING.
THIS MAY BE DUE TO SOME FORM OF WATER INTRUSION, UH, INTO THE STRUCTURE.
EXHIBIT TWO F IS JUST A CONTEXTUAL VIEW OF THE TRIMMING MATERIALS TO THE, UH, UPPER LANDING.
THERE NOTES, THERE ARE BREAKS, UH, OR MISSING MATERIALS TO THE LANDING THERE, UH, WHICH IS EXPOSING OTHER AREAS UNDERNEATH, UH, THAT SHOWS DETERIORATION.
NEXT EXHIBIT EXHIBIT TWO G IS JUST A CLOSEUP VIEW OF A, UH, POOL CLOSE SIGN POSTED BY THE CITY, UH, HEALTH DEPARTMENT FOR A SUSPENSION ON THE OPERATIONAL PERMIT FOR THE, UH, SWINGING POOL LOCATED AT THIS PROPERTY.
UH, THIS IS JUST A CONTEXTUAL VIEW SHOWING THAT THE, THIS PARTICULAR GATE DOES SWING OPEN.
HOWEVER, UM, IN EXHIBIT TWO H, UH, IT DOES SWING BACK AND CATCH THE LATCH.
HOWEVER, UH, THE IS ISSUE IN QUESTION IS THAT A SU SUSPENSION WAS POSTED AND THE GATE, BOTH GATE DOORS TO THE SWIMMING POOL HAVE NOT BEEN LOCKED OR SECURED TO BE, TO PREVENT PUBLIC ACCESS.
NEXT EXHIBIT, EXHIBIT TWO I IS JUST A CLOSEUP VIEW OF, UH, BUBBLING OR PEELING PAINT TO A STAIRCASE, UH, UNDERNEATH THE STRINGER THERE WHERE THE, UM, WHERE IT ALSO DEMONSTRATES, UH, INSTANCES OF WATER INTRUSION SOMEWHERE INTO THAT STRUCTURE.
NEXT EXHIBIT, EXHIBIT TWO J IS JUST A CLOSEUP VIEW.
THIS IS THE LOWER PART OF THE, UH, HANDLE GUARDRAIL TO THE, UH, STAIRWELL, UM, IN, IN THE SAME LOCATION OF WHERE THAT, UM, THAT TRIM WOOD WAS.
NOTE THERE ARE MISSING, THERE'S MISSING CONCRETE, THERE'S CRACKING CONCRETE, AND THE, THE, THE SCREWS ARE NOT TIGHTLY SECURE IN THAT, UH, THAT AREA.
THERE ARE MULTIPLE, UH, AREAS WHERE THERE ARE HAND HANDLE GUARD WELLS THAT ARE NOT SECURELY FASTENED, UH, THROUGHOUT THE PROPERTY.
NEXT EXHIBIT EXHIBIT 2K IS A CONTEXTUAL VIEW OF ONE OF A FEW OF THE WATER HEATER ROOMS. UH, YOU WILL NOTE THAT THERE'S CRACKED OR BROKEN SIDING, UM, AS WELL AS TO BOTH SIDES.
UM, AND THERE'S A QUESTION OF THE INSTALLATION AS FAR AS THE TUBING THERE.
NEXT EXHIBIT, EXHIBIT TWO L IS A CONTEXTUAL VIEW SHOWING THE CEILING OF THE SAME WATER HEATER ROOM AND WATER HEATER.
NOTE THAT THERE IS MISSING MATERIAL TO THE CEILING, UH, THAT SHOWS DETERIORATION TO THE WOOD AND ALSO, AGAIN, THERE'S TUBING THAT APPEARS NOT TO BE FINISHED OR HAVE OPEN ENDS ON TOP OF THIS WATER HEATER UNIT.
NEXT EXHIBIT, THIS IS A CONTEXTUAL VIEW OF THE SAME WATER HEATER ROOM WITH THE DOOR CLOSED.
NOTE THAT, THAT THERE IS A PIPE EXTENDING FROM THE EXTERIOR WALL THERE.
I HAVE OBSERVED THAT THAT WATER DOES DRIP FROM THAT PIPE AND THE DOOR HAS, UH, CRACKING OR PEELING MATERIAL TO THE BOTTOM OF THAT DOOR, AND IT, AGAIN, IT IS NOT SECURE.
NEXT EXHIBIT, EXHIBIT TWO N IS A CONTEXTUAL VIEW OF ONE OF A FEW OF THE WINDOWS THROUGHOUT THIS PROPERTY THAT HAVE, UH, PLASTIC PANELS INSTEAD OF GLASS PANELS.
UH, THESE PANELS HAVE TAPE AND SEALANT THAT IS NOT PROPERLY APPLIED TO THIS PARTICULAR WINDOW.
NEXT EXHIBIT, EXHIBIT TWO OH SHOWS AN UPPER WINDOW, THE REAR OF AN UPPER WINDOW AT THIS PROPERTY WHERE, UH, THE WINDOW IS CLEARLY CRACKED OR BROKEN IN THE CENTER PART THERE AND THERE'S SHARP EDGES.
ALSO, THERE'S AN UNKNOWN CABLE OR WIRE HANGING OVER THAT WINDOW THAT HAS DETACHED FROM THE EXTERIOR CEILING SOFFIT.
NEXT EXHIBIT EXHIBIT TWO P IS ONE OF THREE OPEN, CLEAN OUT PIPES,
[01:15:01]
UH, THAT ARE OPEN OR DO NOT HAVE A SECURE CAP INSTALLED TO THIS PROPERTY.UH, A LOT OF THOSE, MOST OF THOSE HAVE, UH, RUSTED PIPES AND YOU WILL NOTE TO THE LOWER LEFT CORNER AMONG THE WEEDS THAT THE CAP IS ACTUALLY THE CUTOFF CAP IS ACTUALLY LAYING ON THE GROUND.
SO I HAVE OBSERVED WATER FLOWING THROUGH SOME OF THESE PIPES AND THERE HAVE BEEN PREVIOUS ISSUES WITH, UH, SEWAGE LEAKS FOR SOME OF THESE PIPES AT THIS PROPERTY.
NEXT EXHIBIT, EXHIBIT TWO Q IS A CONTEXTUAL VIEW OF THE RIGHT, THE RIGHT SIDE OF THE REAR OF THE BUILDING THAT SHOWS, UH, AN ELECTRIC METER BOX, A DISCONNECT BOX THAT DOES NOT HAVE A SAFETY PLATE INSTALLED NOR A COVER DOOR INSTALLED THAT IS SECURE.
AND AGAIN, THERE ARE MULTIPLE EXAMPLES OF THESE THAT EXIST THROUGHOUT THIS PROPERTY.
NEXT EXHIBIT EXHIBIT TWO R IS JUST A CLOSEUP VIEW OF ONE OF THE FEW STAIRCASES, UH, LOCATED AT THIS PROPERTY.
THE REASON I USE THE LEVEL IS JUST TO DEMONSTRATE THAT MANY OF THE STAIRWAYS, UH, AT THIS PROPERTY ARE NOT LEVEL.
THEY HAVE BROKEN OR LOOSE STEPS AND BROKEN MATERIALS LIKE THE TRIM BOARDS AND WHATNOT, UH, TO THOSE STEPS THAT ARE JUST LOOSE.
NEXT EXHIBIT, EXHIBIT TWO S IS JUST A CLOSEUP VIEW OF ONE OF THE FEW DOORS THAT DO NOT HAVE PROPER, UH, WE CEILING AT THE BOTTOM AND THAT METAL COVERING AT THE BOTTOM IS JUST COVERING OVER CRACKING OR PEELING MATERIAL TO THE DOOR.
NEXT EXHIBIT EXHIBIT TWO T IS A CLOSEUP VIEW OF, UM, EXTERIOR, UM, WALL SOCKET THAT DOES NOT HAVE A, UH, FACE PLATE COVER INSTALLED.
ALSO, YOU'LL NOTE THAT, UH, TO THE RIGHT OF, TO THE RIGHT OF THAT THERE'S ANOTHER WATER SPIGOT THAT DOES NOT HAVE A, UH, A HOSE BIB OR A VACUUM BREAKER, RATHER INSTALLED AT THAT LOCATION.
NEXT EXHIBIT, UH, EXHIBIT TWO U IS A JUST ANOTHER CLOSEUP VIEW OF THE SAME WATER HEATER FROM EXHIBIT 2K THAT SHOWS THAT THERE THE FACE, THAT ELECTRICAL OUTLET DOES NOT HAVE A FACE PLATE COVER.
NEXT EXHIBIT, EXHIBIT TWO V IS JUST A CLOSEUP VIEW OF ONE OF THE FEW, UH, EXTERIOR, UH, LIGHT FIXTURES IN THE HALLWAY THAT DO NOT HAVE COVERS OR NOR LIGHT BULBS INSTALLED.
NEXT EXHIBIT EXHIBIT TWO W IS ANOTHER WATER SPIGOT LOCATED AT THIS PROPERTY THAT DOES NOT HAVE A VACUUM BREAKER INSTALLED.
THIS CONCLUDES MY PRESENTATION PENDING YOUR 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 AND IS CONSIDERED SUBSTANDARD 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 PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO W.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AN ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 48 HOURS FROM THE DATE OF THIS HEARING, A SECURE AND OR FIX THE LOCKS OF THE GATES OF THE ENCLOS ENCLOSURE SURROUNDING THE SWIMMING POOL.
B, MAINTAIN THE MECHANISM OR MECHANISMS USED TO SECURE OR LOCK THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL AND C REQUEST INSPECTION FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE.
TWO, IF THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL HAVE NOT BEEN SECURED OR THE LOCKS HAVE NOT BEEN FIXED WITHIN 48 HOURS OF OF THIS HEARING, A CODE OFFICIAL IS AUTHORIZED TO PROCEED WITH SECURING THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL.
AND B, EXPENSES INCURRED FOR THIS, FOR SECURING THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL MAY BE ASSESSED 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 AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
NUMBER THREE, IF THE MECHANISM OR MECHANISMS USED TO SECURE OR LOCK THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL ARE NOT MAINTAINED, A CODE OFFICIAL IS AUTHORIZED TO PROCEED WITH RESE SECURING THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL AND B, EXPENSES INCURRED FOR RESE SECURING THE GATES OF THE ENCLOSURE SURROUNDING THE SWIMMING POOL MAY BE ASSESSED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY
[01:20:01]
THE CITY OF AUSTIN AND RECORDED BY THE, WITH THE TRAVIS COUNTY DEED RECORDS, INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.NUMBER FOUR, WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL SIDED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE AS IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSIONED OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH FOUR A AND FOUR B.
AND NUMBER FIVE ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH COMPRISES PHOTOGRAPHS MARKED TWO A THROUGH TWO W.
UM, DO WE HAVE, UM, ANYBODY HERE, MS. WALLACE OR MS. RODRIGUEZ ON THE PHONE ON ONLINE? MS. RODRIGUEZ, UH, ONLINE, COULD YOU PLEASE PRESS STAR SIX ON YOUR PHONE TO UNMUTE YOURSELF? MS. RODRIGUEZ, IF YOU COULD PRESS STAR SIX ON YOUR PHONE, THAT WILL ALLOW YOU TO UNMUTE YOURSELF.
UM, IS MS. WALLACE ALSO SPEAKING TONIGHT OR JUST YOU? NO, SHE'S ALSO ONLINE.
SHE'S HOOKED ME ON THE SAME LINE.
WELL, WHAT WOULD YOU LIKE THE COMMISSIONERS TO KNOW ABOUT, UM, FIRST OF ALL, WERE YOU ABLE TO HEAR EVERYTHING THAT, UM, INSPECTOR FINN WENT OVER TONIGHT? YES, I DID.
WELL GO AHEAD AND LET US KNOW WHAT YOU'D LIKE US TO KNOW AS WELL AS WHAT YOU'D LIKE US TO DO TONIGHT.
SO, UM, THIS PROPERTY, I'M ACTUALLY THE NEW MANAGER, UM, MANAGING FOR THE OWNER.
UM, SO THIS ALL WAS BROUGHT TO MY ATTENTION ON JANUARY 30TH.
UM, SO PRIOR MANAGEMENT, IT DOESN'T JUSTIFY WHY IT HAS NOT BEEN DONE, BUT I JUST WANT THE OPPORTUNITY TO GET IT DONE.
THAT'S WHY THEY BROUGHT ME HERE ON TO THIS PROPERTY TO GET THE TO COMPLIANCE.
SO IS THERE ANY CERTAIN AMOUNT OF TIME THAT YOU WOULD NEED? HAVE YOU SEEN ALL THE NOTICES? I MEAN, ALL THE VIOLATIONS THAT ARE ON THE NOTICE? YES.
UM, I'VE SEEN, UM, EVERYTHING.
I'D SAY LIKE 30, 45 DAYS, ALL THIS CAN BE COMPLETED.
WELL STAND BY BECAUSE THE COMMISSIONERS PROBABLY MIGHT HAVE QUESTIONS FOR YOU.
ARE YOU DONE WITH YOUR TESTIMONY TONIGHT? OKAY.
I HAVE
SECOND, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND A SECOND, UM, IS EVERYBODY FINE WITH US CLOSING THAT PUBLIC PART OF THE HEARING? YES.
SO COMMISSIONER CAMPBELL, DID YOU HAVE QUESTIONS AS WELL? UH, I DIDN'T HAVE A QUESTION.
I WAS ACTUALLY JUST GOING TO SUGGEST THAT IN LIGHT OF THE PROPERTY PROPERTY MANAGER JUST STATING THAT 45 DAYS SEEMS LIKE A REASONABLE TIME TO COMPLY WITH, UM, THE PROPERTY VIOLATIONS.
AND I CERTAINLY DON'T THINK THAT THERE SHOULD BE ANY ISSUE WITH LOCKING A GATE WITHIN 48 HOURS.
UM, I WOULD JUST SUGGEST THAT WE, UM, WELL, I, I'M WILLING TO MAKE THE MOTION IF PEOPLE WOULD SMILE ON THAT.
I'LL MOTION THAT WE ADOPT STAFF'S FINDINGS, FACTS, AND CONCLUSIONS OF LAW AND, UM, ADOPT THE, UH, PROPOSED ORDER.
UM, WE HAVE A MOTION AND A SECOND, AND IF WE DON'T HAVE ANY COMMENTS OR QUESTIONS, I'LL GO AHEAD AND CALL THE VOTE.
COMMISSIONER SIG AYE, VOTE IN FAVOR.
THAT, WELL THAT ONE WAS PRETTY STRAIGHTFORWARD.
[01:25:01]
THANK YOU INSPECTOR FINN AND MS. RODRIGUEZ, YOU'LL BE GETTING A COPY OF TONIGHT'S ORDER AND I'M PRETTY SURE AS LONG AS YOU CAN COMPLY, THERE SHOULD BE NO ISSUES THERE, BUT MAKE SURE TO KEEP IN TOUCH WITH STAFF.WE CAN MOVE ON TO MADAM CHAIR WITH YOUR PERMISSION.
UM, I BELIEVE ITEM NUMBER THREE IS UNREPRESENTED.
MAY I SKIP TO ITEM NUMBER FOUR? YES, WE CAN MOVE THREE ALL THE WAY TO THE LAST TO THE END.
[4. Case Number: CL 2023-140433]
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 23 1 4 4 33 AND IS REGARDING THE PROPERTY LOCATED AT 2 5 0 7 BRYAN STREET.THIS CASE WAS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE WITH SOME STANDARD AND DANGEROUS CONDITIONS THAT REQUIRE DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPEN IN SEPTEMBER OF 2020 AS A RES RESULT OF A COMPLAINT.
THE RESIDENTIAL STRUCTURE APPEARS VACANT, THUS CREATING A, AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THERE IS NO RECORD OF A PERMIT APPLICATION FOR REPAIR OR DEMOLITION IN THE CITY'S PERMIT DATABASE.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICE 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 I AND THE RECOMMENDED ORDER.
CODE INSPECTOR EZ IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR PETTIS, PLEASE BEGIN YOUR TESTIMONY.
I AM AN INSPECTOR WITH DEVELOPMENT SERVICES, CODE ENFORCEMENT DIVISION.
THE PROPERTY BEING BROUGHT TO UV, UH, TO YOU IS RESIDENTIAL DWELLING, LOCATED AT 25 0 7 BRYANT STREET.
THE MAIN STRUCTURE, THE MAIN AREA OF THE STRUCTURE IS 528 SQUARE FEET.
AND THE PORCH THAT USED TO BE THERE WAS 4 48 SQUARE FEET.
ACCORDING TO THE TEXAS CENTRAL APPRAISAL DISTRICT, THE OWNER OF THE RECORD HAS BEEN IDENTIFIED AS MARY ALICE GONZALEZ.
I WILL BE PRESENTING THIS CASE ON BEHALF OF THE ASSIGNED AREA OFFICER, MR. ANDRES DE MR. ANDRES DE LAVERA.
ON OCTOBER 16TH, OFFICER MITCH ALVAREZ INITIATED A CASE FOR THE PROPERTY LOCATED AT 25 0 7 BRYAN STREET.
HE PERFORMED AN INSPECTION AND ABSORBED THE FOLLOWING VIOLATIONS, STRUCTURAL MEMBERS SECTION 3 0 4 0.4 OF THE PROPERTY MAINTENANCE OVERHANG EXTENSIONS SECTION 3 0 4 0.9 OF THE PROPERTY MAINTENANCE ROOFS AND DRAINAGES, SECTION 3 0 4 0.7 OF THE PROPERTY MAINTENANCE EXTERIOR WALLS, SECTION 3 0 4 0.6 OF THE PROPERTY MAINTENANCE.
A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATIONS ON OCTOBER 16TH, 2020.
ON SEPTEMBER THE SIX CORRECTION ON SEPTEMBER 15TH, 2023, A FOLLOW-UP INSPECTION WAS PERFORMED.
THE OFFICER OBSERVED THE PREVIOUS VIOLATIONS HAVE NOT BEEN CORRECTED AND MAILED AN UPDATED NOTICE VIOLATION TO INCLUDE PROTECTIVE TREATMENT SECTION 3 0 4 0.2 OF THE PROPERTY MAINTENANCE AND WINDOWS, SKYLIGHT AND DOOR FRAMES, SECTION 3 0 4 0.13 OF THE PROPERTY MAINTENANCE.
I CONDUCTED A FOLLOW-UP INSPECTION ON FEBRUARY 27TH AND OBSERVED THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED.
I OBSERVED, I OBSERVED THE ROOFING SYSTEM TO HAVE DETERIORATED WOOD AND IT'S NOT STRUCTURALLY SOUND.
THE EXTERIOR SIDING AND ROTTED WOOD
[01:30:01]
AND PEELING PAINT, THE STRUCTURE REMAINS IN VIOLATION.I AM ESCALATING THIS CASE DUE TO THE OWNER BRINGING THIS NOT CORRECTION, NOT BRINGING THE STRUCTURE INTO COMPLIANCE WITH THE ALLOWED TIME.
THE LAST COMMUNICATION WITH THE PROPERTY OWNER AND FAMILY WAS IN FEBRUARY OF 2024.
THEY STATED THEY'RE SEEKING FINANCIAL ASSISTANCE TO COMPLETE THE REPAIRS DUE TO FINANCIAL FUNDS.
I WILL NOW BE PRESENTING MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF FRONT OF THE PROPERTY.
NEXT PHOTO, EXHIBIT TWO B IS ANOTHER CONTEXTUAL PHOTO SHOWING THE ADDRESS, SHOWING THAT I WAS AT THE CORRECT ADDRESS AT 25 0 7 BRYAN STREET.
NEXT SLIDE, EXHIBIT TWO C SHOWS ROTTED WOOD AT THE ROOF EDGE AND ROTTED WOOD AT THE ROOF MEMBERS.
EXHIBIT 2D SHOWS DETERIORATED WOOD ON THE EXTERIOR AND PEELING PAINT ON THE EXTERIOR WALL ON THE LEFT SIDE OF THE STRUCTURE.
AND AS YOU CAN SEE ALSO THERE'S OPENINGS, UH, ON THE EXTERIOR WALLS.
EXHIBIT TWO E SHOWS THE REAR OF THE PROPERTY AND SHOWS THE ROOF BUCKLING.
NEXT PHOTO, EXHIBIT TWO F SHOWS A CLOSER PHOTO OF THE ROOF AND THE CONDITION OF THE ROOF.
EXHIBIT TWO G SHOWS A PHOTO OF THE INITIAL CONDITION OF THE REAR OF THE PROPERTY.
AS YOU CAN SEE, THERE WAS SEVERE DAMAGE TO THE ROOF, TO THE RAPTORS, TO THE EXTERIOR WALLS, TO THE WINDOWS, TO THE DOORFRAME, AND IT'S IN SEVERE DILAPIDATION.
EXHIBIT TWO H SHOWS ANOTHER CLOSEUP OF THE REAR OF THE STRUCTURE AND THE ROOF SYSTEM.
EXHIBIT TWO I SHOWS A CLOSEUP OF THE RIGHT SIDE OF THE STRUCTURE, DETERIORATING ROOF SYSTEM, PEELING AND CHIPPING PAINT ON THE EXTERIOR.
AND IF YOU CAN SEE ON THE FAR BACK OF THE PROPERTY, THERE'S SOME OPENINGS ON THE EXTERIOR OF THE PROPERTY ALSO.
EXHIBIT TWO J IS AN OVERALL PHOTO OF THE STRUCTURE SHOWING ALL CODE VIOLATIONS ME MENTIONED ABOVE THAT HAVE NOT BEEN CORRECTED AT THIS TIME.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS, IN THOSE DESCRIBED IN THE FINDINGS OF FACT, THE COURT OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES SCS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
I STAFF ALSO REQUESTED 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 HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED AND C REQUEST INSPECTION FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B TWO.
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 THOSE ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
B 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.
THE LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBITS, UM,
[01:35:01]
TWO A THROUGH TWO I, UM, DO WE HAVE J UM, TWO J I'M SORRY, TWO A THROUGH TWO J.DO WE HAVE, UH, MS. RODRIGUEZ HERE? I MEAN, SORRY, MS. GONZALEZ OR MS. GONZALEZ IS ONLINE.
UH, MS. GONZALEZ, COULD YOU PLEASE PRESS STAR SIX TO UNMUTE YOURSELF? MS. GONZALEZ, COULD YOU PLEASE PRESS STAR SIX AND THAT WILL ALLOW YOU TO UNMUTE YOURSELF.
OKAY, MS. GONZALEZ, CAN YOU HEAR US? UM, OKAY.
MS. MARY GONZALEZ, CAN YOU HEAR US? MS. GONZALEZ, IF YOU'RE ONLINE, PLEASE PRESS STAR SIX ON YOUR PHONE TO ADMIT YOURSELF AGAIN.
DO WE HAVE ANY OTHER PERSON FOR THIS CASE? I THINK SHE HAS THE SAME NAME THOUGH.
IS THERE ANY OTHER GONZALES ONLINE? I THINK IT'S A MOTHER AND A DAUGHTER THERE.
THEY SHOULD BE ONLINE TOGETHER ON THE SAME LINE.
ALL RIGHT, MS. GONZALEZ, IF YOU CAN HEAR US, MAKE SURE TO SAY SOMETHING.
OTHERWISE WE'LL COME BACK TO YOUR CASE.
MS. GONZALEZ, ONCE AGAIN, YOU MUST PRESS SIX ON THE PHONE YOU'RE CONNECTED WITH TO UNMUTE YOURSELF AGAIN.
WELL, I MEAN, IT LOOKS LIKE SHE'S ONLINE.
I IS THERE A WAY WE CAN EITHER EMAIL OR TEXT HER NUMBER? UM, OF COURSE.
UM, COMMISSIONER, OFFICER LUGO HAS A QUESTION.
UM, COUNSEL, I BELIEVE WE'VE BEEN IN THIS SITUATION BEFORE SINCE, UM, UH, MS. GONZALEZ DID JOIN THE CALL.
IT MEANS, UH, WE CAN WE NOT RULE ON THIS CASE UNTIL SOME OTHER POINT? I WOULD, I WOULD RECOMMEND MOVING ON PERHAPS TO THE NEXT CASE.
UM, AND PERHAPS WE CAN SEE ABOUT GETTING HER BACK ON OR RECONNECTING WITH HER JUST OUT OF AN ABUNDANCE OF CAUTION.
AND IF WE DO NOT RECONNECT WITH HER BY THE END OF THE DAY, DO WE HAVE TO MOVE THE CASE UNTIL ANOTHER DAY OR CAN WE MAKE I WILLING ON THAT TODAY? RIGHT.
SO I WOULD, AGAIN, BECAUSE IT DOES APPEAR THAT SHE HAS OR SHE IS PRESENT OR AT LEAST HAS MADE AN ATTEMPT TO BE PRESENT, I WOULD DEFINITELY RECOMMEND, AGAIN, OUT OF AN ABUNDANCE OF CAUTION TO MOVE THE CASE TO ANOTHER DAY DUE PROCESS.
COMMISSIONER CAMPBELL? UH, IN LIGHT OF THAT, I WOULD JUST SUGGEST THAT WE MOVE ON TO, UH, ITEM NUMBER FIVE.
UM, SO WE'LL NEED COMMISSIONERS, UH, WE'RE GONNA TRY ONE MORE TIME TO ASK HER, BUT IN SPANISH, UH, JUST GIVE ME ONE MOMENT, OKAY? SURE.
GONZALEZ GONZALEZ DEVELOPMENT SERVICES DEPARTMENT.
CAN YOU HEAR ME
I'M SORRY IT WASN'T ALLOWING US TO LOG ON.
BUT DID YOU HEAR ANYTHING PRIOR TO JUST NOW? YES, MA'AM.
OKAY, SO YOU KNOW WHY, WHY WE'RE HERE TONIGHT? YES, MA'AM.
SO, UM, WE DO HAVE SOME DOCUMENTS IN FRONT OF US AS WELL AS TESTIMONY FROM CODE DEPARTMENT ABOUT YOUR PROPERTY.
SO WHAT WOULD YOU LIKE US TO DO? THEY'VE REQUESTED QUITE A FEW THINGS AND SO LET US KNOW.
LET US KNOW WHAT YOU'D LIKE US TO DO TONIGHT OR WHAT WE NEED TO KNOW ABOUT, YOU KNOW, YOUR EFFORTS
UM, GET AN EXTENSION MORE THAN 45 DAYS.
THAT'S JUST NOT A SUFFICIENT EN ENOUGH TIME FOR US.
UM, MY, I'M SPEAKING ON BEHALF OF MY MOM.
MY NAME IS MARY GONZALEZ AS WELL.
[01:40:01]
THAT THE HOUSE HAD A LIEN ON IT, UM, AS MY MOM WAS TRYING TO PREPARE TO GET LOANS TO FIX THE HOUSE AND COMPLY.UM, AND I HAVE A DOCUMENTATION NUMBER.
THE LIEN WAS JUST RELEASED ON MONDAY.
AND THAT, AND I DO APOLOGIZE BECAUSE THIS WAS JUST SENT TO US.
I WAS NOT ABLE TO SUBMIT THIS IN TO YOU ALL, BUT I CAN AFTER THIS, UM, THAT DOCUMENTATION NUMBER IS 211 33 0 3 4, WHERE DAVID VIDO RELEASED THE LIEN TO MY MOM IN ORDER FOR HER TO GET THE HELP THAT IS NEEDED TO FIX THE HOME.
SO BESIDES THAT, BECAUSE YOU UNDERSTAND THAT THIS HAS BEEN GOING ON FOR A FEW YEARS, UH, IT HA IT HAS.
AND WITH THAT, WITH THAT BEING SAID, 2020 COVID HIT.
MY DAD WAS DIAGNOSED WITH CHF, HE IS NOW, UM, DECEASED.
UM, MY MOM WAS DEALING WITH A LOT OF MEDICAL FINANCIAL, OKAY.
UM, SHE, SHE DEALT WITH A LOT WITH MY DAD'S, UM, HEART CONDITION.
AND SO THEREFORE THEY WERE UNABLE TO HAVE THE FUNDS TO, TO DO ANYTHING.
ALRIGHT, WE'RE SORRY TO HEAR THAT.
NOW, IS YOUR MOTHER THERE WITH YOU TONIGHT? SHE IS.
SO SHE'S AWARE OF WHAT'S GOING ON AS WELL? YES, MA'AM.
UM, YOU SAID YOU'LL NEED MORE TIME.
SO DO YOU HAVE AN IDEA HOW MUCH TIME YOU THINK YOU'LL NEED? HONESTLY, UM, THIS LIEN WAS JUST LIFTED, SO NOW MY MOM HAS TO LOOK INTO GETTING A LOAN.
UH, WE DON'T KNOW THE PROCESS OF THIS BECAUSE THIS IS GONNA BE THE FIRST TIME THAT, UM, SHE'S TRYING.
SHE DID APPLY FOR ASSISTANCE, BUT AS WE, AS I JUST SAID, WE JUST LEARNED THAT THE HOUSE HAD A LIEN ON IT, SO WE WEREN'T ABLE TO GET THAT.
UM, SO NOW SHE IS GOING TO HAVE TO TRY TO SEEK HELP ANOTHER WAY.
UM, IF THERE'S NOTHING ELSE, WE, WE'LL HAVE YOU ON STANDBY WHILE THE COMMISSIONERS ASK ANY QUESTIONS THAT THEY HAVE.
MS. GONZALEZ, HAVE YOU BEEN TO THE HOUSE? YES, SIR.
JUST RECENTLY TO MAKE SURE THAT THERE WAS NO TRASH IN THE YARD AND THE GRASS WASN'T OVERGROWN.
SO, SO YOU, IT WAS TWO WEEKS AGO, YOU'VE WALKED AROUND THE HOUSE AND YOU'VE SEEN THE CONDITION THAT, IS THAT CORRECT? THAT IS CORRECT.
AND YOU BELIEVE THAT CAN BE REPAIRED? YES.
THE, THE FRONT PART WITH THE FRAME? YES.
MY MOM FEELS THAT SHE CAN FIND A CONTRACTOR THAT WILL HELP REBUILD.
UH, INSPECTOR, I HAVE A QUESTION.
THIS PICTURE IN TWO G THAT WE'RE LOOKING AT, IS THAT THE BACK OF THE HOUSE? I'M A LITTLE CONFUSED IF THE PICTURES KIND OF MOVE AROUND.
TWO G, WE LOOK AT THE FRONT, THE HOUSE, BUT, AND THEN THERE'S LOOKS TO BE A SHED ON THE BUILDING ON THE SITE, AND THEN THERE'S THE HOUSE.
IS THAT WHAT WE'RE SEEING? YES, THAT IS CORRECT.
THAT WAS IN THE INITIAL, UM, YES.
MS. GONZALEZ, PLEASE MUTE WHILE OTHER PEOPLE ARE TALKING.
UH, IT IS FROM THE INITIAL INSPECTION, IT SHOWS THE REAR OF THE PROPERTY THE WAY IT WAS IN THE CONDITION WHEN THEY DID THE INITIAL INSPECTION, SHOWS HOW SEVERELY DILAPIDATED THE PROPERTY WAS.
THE ROOF, THE ROOF RAFTERS AGAIN, THE WINDOWS, DOORS, ALL THE EXTERIOR THAT WAS IN THE INITIAL INSPECTION AND SHOWS THE REAR OF THE PROPERTY.
SO TWO G IS IN FACT THE BACK OF THE MAIN STRUCTURE.
THE BACK OF THE MAIN STRUCTURE HERE, SIR.
UM, COMMISSIONER CAMPBELL, UM, I DID JUST WANNA CLARIFY, AND I THINK THIS SPEAKS TO COMMISSIONER FRANCIS'S POINT, UM, TWO G WAS TAKEN, UH, SEEMINGLY ABOUT FOUR YEARS PRIOR TO THE OTHER PICTURES, IS THAT CORRECT? IT WAS TAKEN IN 2020, CORRECT.
[01:45:01]
I WAS JUST GOING TO SUGGEST THAT, UM, IN LIGHT OF THE CLEAR DIFFERENCE IN THAT PICTURE TWO G VERSUS THE OTHER ONES, IT DOES SEEM AS THOUGH THEY HAVE PUT WORK INTO THE PROPERTY AND ARE WILLING TO AT LEAST TRY TO BRING IT INTO COMPLIANCE.AND IN LIGHT OF THAT, I, I MEAN, I'D CERTAINLY LOOK FAVORABLY ON GIVING THEM SOME LEEWAY TO TRY AND BRING THIS INTO COMPLIANCE, EVEN THOUGH IT SEEMS QUITE DIFFICULT AT THIS STAGE.
UM, DO WE HAVE ANY OTHER COMMENTS, QUESTIONS, EITHER FOR THE OWNERS OR FOR MS. PARIS? FOR INSPECTOR PARIS? GO AHEAD.
UM, JUST A QUESTION FOR THE INSPECTOR.
'CAUSE I WANTED TO VERIFY, 'CAUSE I, I THINK MAYBE THERE WAS A, THAT GAP BETWEEN TWO G AND TWO E.
SO TO TO VERIFY MY UNDERSTANDING, TWO E AND TWO G ARE SHOTS OF THE SAME QUOTE UNQUOTE SIDE OF THE HOUSE, CORRECT? JUST WITH THE TWO E HAVING SOME FIXES, IT'S, UM, IN MY OPINION, IT'S A TEMPORARY FIX.
WHAT THEY DID IS WHAT APPEARS THEY PUT SIDING AND KIND OF COVERED IT, THE ROOF WITH THE TIN ROOF AS A TEMPORARY FIX, I'M ASSUMING TO PREVENT IT FROM DETERIORATING MORE, UH, DUE TO THE WEATHER, EXPOSURE TO THE WEATHER.
BUT, BUT I GUESS YOU'RE, YOU'RE, AND THIS WOULD BE A, A QUESTION FOR, UH, MAYOR GONZALEZ.
HAS ANY WORK BEEN DONE SO FAR TO THE, ANY STRUCTURAL CHANGES TO THE HOUSE BETWEEN 2020 AND 2024? MS. GONZALEZ, DID YOU HEAR THAT QUESTION? YOU CAN UNMUTE AGAIN.
DID YOU DO ANY WORK BETWEEN 2020 AND 2024 STRUCTURALLY? YES.
UM, THE MOST THAT WE COULD DO 2020 OBVIOUSLY COVID HIT, UM, WE DID TRY TO COVER THE BACK AND PUT THE TIN, UH, ROOFING AS MUCH AS WE COULD TO COVER SO THAT IT WOULD NOT DETERIORATE MORE.
I'M SORRY, THE, THE PORCH WAS, WE WERE ASKED TO TAKE THAT DOWN OKAY.
BY THE INSPECTOR AT THAT TIME.
UM, AND SO THAT WAS ALSO DONE.
DID THAT ANSWER YOUR QUESTIONS? AND I THINK THE OTHER MAJOR THINGS WERE THE, UM, ITEMS THAT THE, THE NEIGHBOR WAS DUMPING ON THE PROPERTY AND HE REMOVED ALL OF THAT.
UH, WE ACTUALLY WENT AND HAD A, WE HAD THE CITY OF AUSTIN, UM, COME OUT TO REMOVE ALL OF THE TRASH THAT WAS LEFT IN THERE BY AN UNKNOWN PERSON.
UM, AND WE LOCKED THE BACK GATE AS WELL AS COVERED THE, UM, THE WINDOWS ON THE SIDES AND THE BACK.
UM, IF WE DON'T HAVE ANY OTHER QUESTIONS.
OH, COMMISSIONER CAMPBELL, WELL, I WAS, I WAS JUST GOING TO SUGGEST THAT, UM, I WAS GONNA MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND, UM, YES.
CLOSE THE PUBLIC PART OF THE HEARING.
ALRIGHT, WE'LL, UM, LIKE TO CLOSE THE PUBLIC, PUBLIC PART OF THE HEARING UNLESS ANYBODY'S, UM, OPPOSED TO THAT, NOBODY.
SO WE'LL CLOSE THE PUBLIC PART OF THE HEARING.
MS. GONZALEZ GONZALEZ, PLEASE HANG ON.
'CAUSE WE STILL WOULD MAKE A DECISION TONIGHT.
UM, WELL I'M, I'M ALSO LEANING TOWARDS, GIVEN THE 90 DAYS, CONSIDERING THE CIRCUMSTANCES, I KNOW, UH, 2020 PROBABLY WASN'T A GREAT YEAR FOR THEM TO BE ABLE TO MAKE ANY PROGRESS.
PROBABLY NOT 2021 EITHER, BUT THEY'VE MADE SIGNIFICANT PROGRESS AS THEY COULD, UM, ON THIS PARTICULAR PROPERTY BECAUSE ACCORDING TO THE OWNERS, THEY DON'T HAVE THE FUNDS TO DO IT AND THEY ALSO HAD PERSONAL, UM, YOU KNOW, THINGS GOING ON WITH THE FAMILY.
SO I'M LEANING TOWARDS THE 90 DAYS.
SO IF ANYBODY WOULD LIKE TO AT LEAST TRY A MOTION, WE'LL BE HAPPY TO CONSIDER THAT.
COMMISSIONER CAMPBELL, UH, IS COMMISSIONER BENIGNO.
GO AHEAD AND THEN COMMISSIONER.
WELL, I WAS ACTUALLY GOING TO ASK A
[01:50:01]
A QUESTION BRIEFLY BEFORE THIS, AND IT'S IN PART TO JUST ELUCIDATE FOR THE OWNER, UM, WHAT EXACTLY THIS ORDER WILL MEAN.AND SO I'M DIRECTING THIS QUESTION ACTUALLY TOWARDS, UH, UH, MANAGER ROBERT MOORE HERE.
UM, SO IF WE WERE TO TONIGHT, UM, ISSUE A DEMOLITION ORDER, AND LET'S JUST SAY FOR A MOMENT THAT IT WOULD, FOR THE 90 DAYS OR FOR THE 45 DAYS, I DON'T THINK IT WOULD CHANGE THIS QUESTION TOO MUCH, BUT IF THEY WERE WITHIN THAT TIME TO GET PERMITS AND FUNDING SECURED TO BEGIN WORK ON BRINGING THE PROPERTY INTO COMPLIANCE, UM, WOULD THAT STILL REQUIRE THE DEMOLITION AT THAT POINT? NO.
IF THEY REPAIR IT, THAT WILL SATISFY THE ORDER AS WELL.
SO, AND, AND IF THEY PULL PERMITS AND THEY'VE ALREADY STARTED, YEAH, WE'RE NOT GONNA COME IN AND DEMO WHEN THEY'RE REPAIRING IT.
I DID JUST MOSTLY WANT TO MAKE THAT INFORMATION CLEAR FOR MS. GONZALEZ.
UM, COMMISSIONER BENIGNO, YOU STILL HAVE A QUESTION OR COMMENT? YEAH, I ALSO JUST HAD A COMMENT FROM MS. GONZALEZ THAT I WANTED TO MAKE SURE IT WAS CLEAR SINCE THE FINANCIAL TROUBLE WAS MENTIONED, THAT WHATEVER FINES ARE ASSOCIATED FROM THIS COMMITTEE WOULD BE OFFSET BY THE REPAIR COSTS.
I KNOW THAT GETS MENTIONED ALL THE TIME, HOPEFULLY IT'S ALREADY BEEN MENTIONED TO YOU.
UM, BUT I JUST WANNA MAKE SURE THAT'S VERY CLEAR THAT IF YOU KEEP TRACK OF EXPENSES FOR BRINGING THE PROPERTY INTO COMPLIANCE AND THE TOTAL COST OF GETTING THE PROPERTY IN COMPLIANCE IS MORE THAN ANY FINES THAT YOU INCUR AND THE FINES ARE OFFSET IN THEIR ENTIRETY.
SO I I JUST WANTED TO MAKE SURE THAT WAS MENTIONED WHENEVER THERE'S A CASE THAT IT, IT INVOLVES FINANCIAL HARDSHIP.
WELL, UM, COMMISSIONER SIG, I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER EXCEPT FOR 90 DAYS INSTEAD OF 45 DAYS.
WE HAVE A MOTION TO ADOPT THE RECOMMENDED ORDER, UM, WITH A SLIGHT MODIFICATION TO THE TIMEFRAME AND THEN WE HAVE A SECOND.
SO I'LL GO AHEAD AND CALL THE VOTE.
'CAUSE I THINK WE'RE ALL READY.
SO COMMISSIONER CAMPBELL, AYE WAIT, I'M SORRY.
UM, IF WE'RE AMENDING THE 90 DAYS, UH, WE SHOULD ALSO AMEND ITEM TWO, WHICH IS ON THE 91ST DAY.
SO JUST, I WANNA JUST READ THAT INTO THE RECORD SO IT'S CLEAR.
UH, COMMISSIONER SLI, CAN YOU READ? YEAH.
CAN YOU READ AND SO I, TO ADOPT THE STAFF'S PROFILE, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER EXCEPT FOR 90 DAYS AND THEN INSTEAD OF 45 DAYS AND INSTEAD OF 46 DAYS, IT SHOULD SHOW 91 DAYS COUNSEL, IS THAT OKAY? YES.
AND COMMISSIONER BENIGNO? YES.
UM, THE MOTION IS GRANTED, THE RECOMMENDED ORDER, I SUPPOSE, UM, WILL BE MAILED TO YOU.
MS. GONZALEZ, CAN YOU HEAR US? YES.
SO JUST MAKE SURE YOU KEEP IN TOUCH AND LET, UM, MS. PER, UH, INSPECTOR PARIS KNOW WHAT'S GOING ON WITH YOUR PROJECT AND THE REMODELING AND EVERYTHING.
IS IT OKAY TO END THIS? UH, YES, YOU CAN LOG OFF
[5. Case Number: CL 2023-130613]
MOVE ON TO ITEM NUMBER FIVE.ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 20 23 1 3 0 603 AND IT'S REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6 9 2 1 BETHUNE AVENUE.
THE EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THIS CASE IS REGARDING AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED.
THE CASE WAS OPENED IN MARCH OF 2023 AS A RESULT OF A COM OF A COMPLAINT FOLLOWING A FIRE INCIDENT.
A PERMIT WAS INITIATED AFTER THE FIRE INCIDENT, BUT IS NOW EXPIRED.
NO OTHER PERMITS TO ADDRESS THE CURRENT DEFICIENCIES IN EXIST IN THE CITY'S PERMIT.
DATABASE CONDITIONS ARE CONSIDERED DANGEROUS, UNSAFE, AND SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT
[01:55:01]
ONE, WHICH CONTAINS THE COMPLAINT AND 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, A FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G AND THE RECOMMENDED ORDER CODE INSPECTOR CHRIS PALAO IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR PALAO, PLEASE BEGIN YOUR TESTIMONY.
I AM AN INSPECTOR WITH THE DEVELOPMENT SERVICES DEPARTMENT, CO COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENCE PROPERTY LOCATED AT 69 21 BETHUNE AVENUE.
THE OWNERS OF RECORD HAS BEEN IDENTIFIED AS NEVADA CYPHERS ON MARCH 27TH, 2023, THE CASE FOR PROPERTY 69 21 BETHUNE AVENUE WAS OPEN BY INVESTIGATOR ALICIA TOVAR AS A RESULT OF A FIRE INCIDENT.
INVESTIGATOR TOVAR COMPLETED THE INITIAL INVESTIGATION AND ON MARCH 30TH, 2023, THE CASE WAS DOCUMENTED AND NOTICE OF VIOLATION WAS MAILED TO THE OWNER DET, UM, DETAILING THE DESCRIPTION OF THE VIOLATION ON AUGUST 24TH, 2023, THE CASE WAS REASSIGNED TO MYSELF, VIOLATIONS REMAIN THE SAME.
PERMITS HAVE NOT BEEN OBTAINED AND HAVE NOT BEEN ABLE TO MAKE CONTACT WITH THE OWNER.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNERS NOT RECTIFYING THE VIOLATIONS.
I WILL NOT PRESENT MY PHOTOS AND DISCUSS THE VIOLATION DEPICTED.
A RECENT, UH, A RECENT INSPECTION WAS CONDUCTED AND THE FOLLOWING VIOLATIONS WERE OBSERVED.
THIS PHOTO SHOWS A VIEW OF FRONT OF THE PROPERTY.
AS YOU CAN SEE, FIRE AND WATER DAMAGE TO THE MAIN ENTRANCE DOOR, WALLS, PORCH, CEILING, AND ROOF STRUCTURE.
HERE YOU CAN SEE THE FOLLOWING VIOLATIONS ON SAFETY STRUCTURE, EXTERIOR WALLS, DOORS, ROOF, AND DRAINAGE.
EXHIBIT TWO B IS A PHOTO OF THE CORNER LEFT SIDE OF THE STRUCTURE.
IN THE PHOTO YOU CAN SEE THE FIRE AND WATER DAMAGE THAT HAS EXTENDED ON THE INTERIOR SURFACE IS EXPOSED TO AND IT AND IS EXPOSED TO ELEMENTS.
THE ROOF AND THE SOFFIT MAY ALSO HAVE ALSO BEEN DAMAGED, HAS BEEN COMPROMISED AS WELL.
THE SIDING IS DETACHED, NOT SECURE, AND IS EXPOSED TO THE ELEMENTS.
WE HAVE REQUESTED THAT THE PROPERTY OWNER OBTAINED PROPER PERMITS BEFORE THE INITIAL REPAIRS.
A CONTRACT FOR THIS FOR MS. CIPHER, NEVADA AT ONE POINT HAD PULLED PERMITS BUT SINCE HAVE EXPIRED AND THEY EXPIRED ON APRIL 21ST, 2023.
AND THESE WERE PERMITS FOR, UH, EP AND BP, WHICH IS ELECTRICAL AND BUILDING PERMITS.
THIS PHOTO WAS TAKEN FROM THE CORNER OF BROOK BOOKER, SORRY, BOOKER AND BETHUNE AVENUE, MIDDLE LEFT SIDE OF THE PROPERTY.
IN THIS PHOTO YOU CAN SEE FLOOR, I'M SORRY, FOUR OUTTA THE FIVE DAMAGED WINDOWS THAT HAVE BEEN SECURED.
THE SIDING PAINT HAS CHIPPED AND THE NATURAL WOOD IS EXPOSED TO THE ELEMENTS.
THIS PHOTO WAS TAKEN FROM THE REAR OF THE PROPERTY.
YOU WOULD NOTICE THE DAMAGE WINDOW.
BOTH WINDOW AND DOORS ARE SECURE.
THE STRUCTURE IS CURRENTLY VACANT AND THE UTILITIES AREN'T ACTIVE.
THIS PHOTO SHOWS A BACK RIGHT SIDE OF THE PROPERTY.
YOU CAN SEE THE SIDES IS DAMAGED.
I'M SORRY, THE SIDING IS DAMAGED AND THE NATURAL WOOD IS ALSO EXPOSED.
THIS PHOTO WAS TAKEN FROM THE FRONT RIGHT SIDE OF THE PROPERTY.
YOU CAN ALSO SEE THE DAMAGE WINDOWS, WHICH IS SECURE.
THIS PHOTO IS IN THE FRONT RIGHT OF THE, I'M SORRY, THIS PHOTO WAS TAKEN FROM THE RIGHT SIDE OF THE PROPERTY.
FROM THE ANGLE, YOU CAN SEE THE ROOF DAMAGE ON THE LEFT HAND SIDE OF THE STRUCTURE.
YOU CAN ALSO SEE ELECTRIC ELECTRICAL EQUIPMENT EXPOSED TO THE FIRE BECAUSE OF THE FIRE.
NOW THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE FOR, FOR 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 DANGEROUS SA, UNSAFE AND SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER
[02:00:01]
RELEVANT DOCUMENTS AND 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 THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 60 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND 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 61ST 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.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION, ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH INCLUDES TWO A, THE PHOTOGRAPHS MARKED TWO A THROUGH TWO G.
UM, I BELIEVE MS. CYPHERS IS HERE AS WELL AS HER DAUGHTER.
UM, I MEAN ON THE PHONE, MS. NEVADA CYPHERS.
AND THAT'S SPELLED C-Y-P-H-E-R-S? YES.
UH, MS. CYPRESS, IF YOU COULD PLEASE PRESS SIX TO UNMUTE YOURSELF.
MS. CYPRESS, IF YOU COULD PLEASE PRESS SIX ON YOUR PHONE, THAT WILL ALLOW YOU TO UNMUTE YOURSELF.
MS. CYPRESS, ARE YOU THERE? OH, MS. CYPRESS, CAN YOU HEAR US? NO.
MS. CYPRUS, IF YOU COULD PLEASE PRESS STAR SIX ON YOUR PHONE TO UNMUTE YOURSELF.
WE ALSO HAVE A MR. WILLIAMS WITH THE URBAN LEAGUE ONLINE AS WELL.
UH, IF YOU COULD PLUS PRESS STAR SIX TO UNMUTE YOURSELF AS WELL.
WE HAVE MR. WILLIAMS. UM, HELLO, MR. WILLIAMS? OH, HE'S UNMUTED.
UM, WHAT ABOUT MS. CYPRESS? UM, IS, DOES IT HELP IF THEY LOG OUT AND LOG BACK IN? OKAY.
WELL, IF YOU CANNOT HEAR US AND YOU'RE TRYING TO DO THE STAR SIX AND WE CANNOT HEAR YOU.
UM, DO YOU MIND LOGGING OUT AND LOGGING BACK IN PLEASE? MR. WILLIAMS AND MS. CYPRESS? THANK YOU.
YES, CAN YOU HEAR US? THIS IS MS. CYPRESS.
HI, HOW ARE YOU? I'M DOING OKAY.
UM, DID YOU, WE'RE NOT DOING OKAY.
YEAH, WE HAVE BEEN WORKING ON THIS FOR SOME TIME AND, UH, I'M WAITING.
I HAD BEEN WAITING FOR, UH, MR. WILLIAMS. WE WERE WAITING FOR FUNDS TO COME IN, UH, TO HELP ME WITH THE, UH, UH, THE FIXING OF MY HOUSE.
AND I WAS TOLD BY MR. WILLIAMS THAT AS OF NOW, THERE'S NO FUNDS.
THE FUNDS WAS, UH, CAME OUT OF OCTOBER AND HE HAD TOLD ME THAT ALL OF THOSE FUNDS WAS GONE.
UM, YEAH, WE CAN HEAR YOU, BUT YEAH, GO AHEAD.
SO WE FILLED OUT ALL OF THE PAPERWORK, WE TURNED OVER THE INCOME, WE TURNED OVER DRIVER'S LICENSE, SOCIAL SECURITY BANK ACCOUNT, UM, INFO.
AND, UM, HE SAID THEY WERE WAITING FOR FUNDS IN OCTOBER.
AND WE DON'T KNOW WHAT HAPPENED.
WE ARE PROUD ABOUT THAT PROPERTY.
MY MOM'S DAD GAVE THAT TO HER.
MY DAD WE'RE NOT JUST LIKE RIGHT.
SHE WANTS SO BADLY TO BE BACK IN HER HOME AND SHE GOES THERE EVERY DAY AND SIT AND JUST TO WATCH AND LOOK AND VISIT AND BE IN HER SPACE.
AND WHO, UM, WHAT IS, WHAT IS YOUR NAME? UM,
[02:05:01]
THE DAUGHTER? MY NAME IS DENISE HOLIDAY AND I'M, I'M HER DAUGHTER.WELL, UM, YEAH, WE'RE SORRY TO HEAR THAT.
ACTUALLY, WE DO HAVE MR. WILLIAMS ON THE LINE, SO IF YOU DON'T MIND MUTING, YOU CAN, UH, PUT YOUR LINE ON MUTE SO THAT HE'LL BE ABLE TO TELL US WHAT'S GOING ON AS WELL, AND THEN WE'LL COME BACK TO YOU.
AND HOW DO I DO IT? UNMUTE STAR SIX.
TO UNMUTE, STAR SIX ALLOWS YOU TO MUTE AND ALSO UNMUTE.
THANK YOU SO MUCH, MR. WILLIAMS. OKAY.
UH, MR. WILLIAMS, CAN YOU HEAR US OKAY? UM, COMMISSIONER, WE CAN START AND THEN ONCE HE'S ON, WE'LL, OH, MR. WILLIAMS, UH, MR. WILLIAMS, YOU JUST RE MUTED YOURSELF NOW YOU'RE UNMUTED.
UM, YOU CAN LOG BACK IN AND THEN LET US KNOW WHEN YOU'RE ON, PLEASE.
ALRIGHT, COMMISSIONERS, DO YOU HAVE QUESTIONS FOR, FOR STAFF OR THE OWNERS? I, I GUESS MY, UM, COMMISSIONER CAMPBELL AND THEN CAM STILL GO.
YEAH, WELL, I WAS JUST GOING TO START BY SAYING, UM, AND THIS IS DIRECTED TOWARDS, UH, THE PROPERTY OWNER AND HER DAUGHTER.
UM, YOU KNOW, THIS COMMISSION IS NOT NECESSARILY ABOUT ASSIGNING BLAME FOR ANYONE OR, OR, OR CERTAINLY WE DON'T WANNA IMPLY THAT, UM, Y'ALL ARE BAD PEOPLE BECAUSE OF THE CONDITION OF THE PROPERTY.
UM, AND, AND CERTAINLY WE GET PEOPLE IN HERE A LOT WHO, WHO GENUINELY WANT TO, UH, RE REPAIR THE CONDITION OF THEIR PROPERTY.
AND, AND THAT'S HONESTLY, GENUINELY WHAT I THINK WE ALL WANT TO HAPPEN IN CASES LIKE THIS.
UM, YOU KNOW, I WOULD JUST LIKE TO, TO, UM, ASK, UH, THE, THE PROPERTY OWNERS, UM, AND, AND HER DAUGHTER, THE, THE ORDER THAT WE'VE BEEN RECOMMENDED TODAY, UM, GIVES US A 60 DAY TIMEFRAME.
AND, AND, AND I'M JUST WONDERING, YOU KNOW, FOR OUR PERSPECTIVE, WHAT YOU WOULD LIKE US TO DO DIFFERENT FROM THAT ORDER, UM, OR, OR WHAT YOU'RE ASKING THE COMMISSION TO DO.
UM, IF, IF THAT QUESTION MAKES SENSE, MS. CYPRESS, YOU MAY NOW UNMUTE YOURSELF WITH STAR SIX, SO YOU CAN ANSWER THEIR QUESTION FOR THE URBAN LEAGUE TO HELP US GET THINGS TOGETHER, REPAIR, AND WE'VE BEEN WAITING FOR QUITE A WHILE AND STAYING IN CONTACT WITH THEM.
IF, IF, IF I CAN FOLLOW UP ON THAT.
UM, I, I, I DO JUST WANNA ALSO MAKE CLEAR THAT, YOU KNOW, UH, WE, WE DON'T, WE DON'T CONTROL THE URBAN LEAGUE OR ANYTHING.
UM, AND, AND CERTAINLY WE DON'T HAVE ANY CONTROL OVER WHAT THE, WHETHER THOSE FUNDS GET, UH, GIVEN TO YOU IN, IN THIS CONTEXT.
UM, SO CERTAINLY THAT SEEMS LIKE A, A, A PRIVATE DISPUTE, IF NOT ONE THAT NECESSARILY IMPLICATES OUR COMMISSION.
I, I WOULD ALSO JUST LIKE TO SAY, UM, THAT IN LIGHT OF ANY CIVIL PENALTY ISSUED TONIGHT, UM, IF, IF THERE'S ONE, THEN UH, TYPICALLY THERE'S A KIND OF OFFSET FOR ANY, UH, COSTS ASSOCIATED WITH THE REPAIR OF THE PROPERTY.
SO DEPENDING ON, ON THE TIMING, YOU KNOW, IF THE FUNDS FROM THE URBAN LEAGUE COME THROUGH AND YOU REPAIR THE PROPERTY AND THERE'S BEEN A FINE WITHIN THAT TIMEFRAME, IT'S POTENTIAL THAT THE OFFSET WOULD BE BIGGER THAN ANY REPAIR COSTS.
SORRY, WOULD BE BIGGER THAN ANY FINE.
SO I WOULD JUST LIKE TO MAKE THAT CLEAR AT THIS TIME.
BUT CERTAINLY WE AS THE COMMISSION CANNOT FORCE THE URBAN LEAGUE TO, UH, RELEASE THOSE FUNDS.
UM, I, I JUST WANT YOU GUYS TO KNOW THAT WE, WE NEED THE NOTICE AND WE'VE TRIED OUR BEST TO MAKE IT SAFE, UM, PUTTING UP THINGS, THE BOARDING IT UP UNTIL WE, MY MOM IS ON A FIXED INCOME AND HER DAD GAVE HER THAT PROPERTY, AND WE JUST DON'T HAVE THE MONEY.
UM, I THINK YOUR QUESTIONS WERE ANSWERED.
UM, I HAVE, I HAVE TO SEE WHAT MR. WILLIAMS HAS TO SAY FIRST IF HE'S ONLINE NOW.
CAN YOU HEAR US, MR. WILLIAMS?
[02:10:06]
OKAY.GOING BACK TO YOU, SO AT SOME POINT YOU DID HAVE SOME PERMITS FOR THE ELECTRICAL WORK AND THE BUILDING, UH, THE REPAIRS THAT NEEDED TO BE MADE.
SO WHAT HAPPENED AROUND THAT TIME, OR DID YOU HAVE FUNDS AT THAT TIME WHEN YOU ED? I DIDN'T HAVE ANY, NO FIXED INCOME.
WE HAD A, A FRIEND WHO CAME IN TO HELP TO CLEAR THE STUFF OUT, CLEAR THE INSIDE, CLEARED OUT, AND GET IT TO SAFETY TO WHERE IT WAS BOARDED UP.
WE'VE BEEN IN THAT COMMUNITY FOR OVER 40 YEARS AND SO 50 YEARS.
AND SO SOME OF THE COMMUNITY MEMBERS CAME IN TO TRY AND HELP? YES, YES, YES.
SO WHEN THE PERMITS WERE PULLED, SOMEBODY WAS HELPING YOU OUT AT THAT TIME, CORRECT? CORRECT.
AND IF FOR SOME REASON, UH, URBAN LEAGUE IS NOT ABLE TO COME UP WITH THIS FUNDS OR APPROVE YOU FOR ANY, UM, FINANCIAL ASSISTANCE THERE, WHAT DO YOU THINK HAPPENS NEXT? UH, ONLY THING I CAN SAY IS I COULD JUST, UH, UH, GIVE ME EXTENSION SO I CAN, UH, MAYBE PUT, YOU KNOW, GET SOMEONE TO MAYBE VOLUNTEER THE WORK.
YOU KNOW WHAT I'M SAYING? I JUST, I MEAN, I WAS WAITING FOR THIS MEETING TO COME UP SO I COULD JUST MAYBE TAKE THE NEXT STEP IN GETTING VOLUNTEERS, YOU KNOW, CONTRACTORS OR SOMETHING TO COME IN TO HELP ME OUT.
I'M ON A FIXED INCOME AND I'VE BEEN AT THAT PROPERTY FOR 50, PROBABLY SIX 70.
WE, UNFORTUNATELY, WERE NOT ABLE TO CONNECT WITH MR. WILLIAMS, EVEN THOUGH HE TRIED TO COME ONTO THIS MEETING TONIGHT TO LOG IN, SO, OKAY.
YOU'LL HAVE TO FOLLOW UP WITH HIM OUTSIDE OF THIS MEETING.
THE SCOPE OF OUR AUTHORITY DOES NOT REACH URBAN LEAGUE, UH, PARDON ME.
IT APPEARS THAT HE HAS, UH, ATTEMPTED TO RECONNECT.
UH, MR. WILLIAMS, IF YOU COULD PLEASE PRESS, UH, STAR SIX TO UNMUTE YOURSELF, AND THEN WE SHOULD BE ABLE TO HEAR YOU IN THE MEETING.
DO YOU NEED TO UNMUTE? CAN YOU HELLO? CAN YOU, CAN YOU HEAR ME? YES, NOW WE CAN.
I'M, I'M SORRY, I'M TRYING TO, I MEAN, I WAS HEARING EVERYTHING.
UM, THE URBAN LEAGUE, WE GET FUNDS FROM THE CITY AND THAT IS WHAT WE'RE WAITING ON.
WE'VE BEEN WAITING SINCE LAST OCTOBER.
THE CITY HAS STATED THAT, UH, I MEAN ALL THE OTHER NONPROFITS REBUILDING TOGETHER, AUSTIN, EASTER SEAL, INTERFAITH, AND UM, MEALS ON WHEELS, WE ARE ALL WAITING FOR THE GOLD REPAIR, WHICH IS THE 20 K FUNDS NO NON-PROFIT HAVE.
AND THE CITY HAS BEEN BEEN PUTTING US ON HOLD.
THEY'RE LAND IN WHATEVER THE CASE MAY BE, A WEEK OR SO AGO.
THE, UH, CONTRACT HAS BEEN SIGNED AND WE ARE STILL WAITING FOR THE FUNDS TO BE RELEASED.
THANK YOU SO MUCH FOR SHOWING UP TONIGHT.
YEAH, WE HAVE NO, YEAH, WE HAVE NO CONTROL.
WE HAVE NO CONTROL OVER THE PHONE.
UM, SO I, I THINK MY QUESTION JUST FOR CLARITY FOR THE COMMISSIONERS TONIGHT, AND ALSO MAYBE FOR MS. UM, CYPRESS, IS IF YOU DO GET THE FUNDS, IS SHE GUARANTEED TO GET A PORTION OF THAT? IF YOU CAN ANSWER THAT, OR IF YOU CANNOT ANSWER THAT, THAT'S FINE.
SHE'S GUARANTEED TO GET, SHE'S NUMBER ONE ON MY LIST SOON AS WE GET THE FUNDS.
SO THAT, AND I, I'LL HERE, I MEAN, I HAD A CONTRACTOR TO COME BY, UH, BEFORE THE HOLIDAYS LAST YEAR.
WE DID A WALKTHROUGH OF, UH, EVERYTHING WE NEEDED, BUT I NEED BOTH CONTRACTORS TO DO THE FUND TO DO THE REPAIR THAT I NEED, THE MINOR HOME REPAIR AND THE GO REPAIR.
I NEED BOTH, UH, FUND CONTRACT TO DO WHAT I CAN, WHAT I CAN DO TO GET HER A LEASE LIVING BACK IN THE HOME.
SO YOU WILL, YOU, YOU BELIEVE THAT SHE WILL GET THE FUNDS BECAUSE SHE'S ON THE WAITING LIST AND SHE'S THE TOP OF THE LIST AND DO WE HAVE YES, YES.
BASED ON YOUR EXPERIENCE, UM, WITH THIS SORT OF DELAY, BECAUSE IT'S ALREADY BEEN ABOUT FIVE MONTHS, UM, DO YOU THINK IT MIGHT TAKE ANOTHER FIVE MONTHS OR WOULD IT TAKE ANOTHER YEAR, FOR INSTANCE.
IT, IT SHOULD, UH, IT SHOULD BE BY THE MIDDLE OR TO THE END OF NEXT MONTH.
THAT'S WHEN THEY SHOULD GET THE FUNDS IN.
UM, IF YOU DON'T MIND DOING A STAR SIX AGAIN, AND THEN THE COMMISSION IS MY HOUSE.
ALL RIGHT, COMMISSIONER CAMPBELL.
[02:15:01]
ALRIGHT.UH, I WOULD JUST LIKE TO MOTION TO CLOSE THE PUBLIC PART OF THIS HEARING.
SECOND, WE HAVE A SECOND AS WELL.
AND IF NOBODY HAS AN OBJECTION, WE'LL GO AHEAD AND CLOSE THE PUBLIC PART OF THIS HEARING TONIGHT.
PUBLIC PART OF THE HEARING IS CLOSED, SO, UM, COMMENTS, THOUGHTS, OR, UM, A MOTION.
BUT THE ONE COMMENT THAT I DO HAVE IS, UM, ON PARAGRAPH TWO OF THE RECOMMENDED ORDER, THE CIVIL PENALTY, THE WEEKLY CIVIL PENALTY PENALTY.
WE COULD PROBABLY REDUCE THAT.
AND I HAVE TO REDUCE THE WEEKLY PENALTY.
I DIDN'T SAY AN AMOUNT, I'M JUST SAYING I'LL BE FINE WITH THAT
BUT, UM, IN LIGHT OF THE CIRCUMSTANCES AND THE FACT THAT THIS PROBABLY WILL BE IN PROGRESS SOON, WITHIN THE NEXT COUPLE OF MONTHS.
COMMISSIONER CAMPBELL? UH, SO FIRST OF ALL, I, I, I DEFINITELY AGREE THAT THE CIVIL PENALTY COULD BE REDUCED HERE.
UM, AND I'LL, I'LL MAKE A MOTION AT THE END OF THIS, BUT I WOULD ALSO JUST LIKE TO SAY, YOU KNOW, IN THE INTEREST OF, YOU KNOW, WE ISSUE THESE FINES IN THE INTEREST OF COMPLIANCE, AND IT SEEMS LIKE EVERYBODY HERE WANTS TO BRING THIS INTO COMPLIANCE, AND THERE'S AN ACTUAL PLAN TO DO SO.
UM, AND SO REALLY THE, THE QUESTION SHOULD IN PART BE ABOUT, UM, YOU KNOW, MINIMIZING THE, ANY RISK OF SERIOUS PAYMENTS GOING ON TO, UH, YOU KNOW, KIND OF, UH, NON WRONGDOING PROPERTY OWNERS.
UM, SO I I, I WOULD JUST SUGGEST THAT IN ADDITION TO, UM, DECREASING THE FINE, WE WOULD ALSO, UH, INCREASE THE DEADLINE OUT TO 90 DAYS.
SO IF I CAN GO AHEAD AND MAKE A, A MOTION, I'D LIKE TO MOTION TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND THE RECOMMENDED ORDER WITH THE AMENDMENT, UM, TO PARAGRAPH ONE, THAT WORK SHALL BE COMPLETED WITHIN 90 DAYS.
UM, AND ON PARAGRAPH TWO, THAT ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS THE CIVIL PENALTY OF $150 PER WEEK.
LOOKS LIKE EVERYBODY IS READY.
SO COMMISSIONER CAMPBELL, AYE, UM, HOW DO YOU VOTE? YES.
COMMISSIONER SLUGO, HOW DO YOU VOTE? AYE.
DO YOU UNDERSTAND WHAT, UH, THE ORDER WOULD BE? YOU WILL BE RECEIVING A COPY OF THE ORDER, BUT THE COMMISSION HAS MADE A DECISION TONIGHT AND IT GIVES YOU THREE MONTHS TO AT LEAST START WORKING ON THIS AND FINISH THE WORK.
BUT IF YOU'RE NOT ABLE TO FINISH THE WORK, JUST KEEP IN TOUCH WITH STAFF, PLEASE.
UM, AND YOU SHOULD BE ABLE TO SORT IT OUT.
OKAY, MR. WILLIAMS, THANK YOU VERY MUCH AND YOU ARE FREE TO GO.
WE HAVE, WE STILL HAVE THEM ON THE LINE.
THE NEXT, ARE WE READY TO PROCEED? YEAH.
COMMISSIONER LUGA, DO YOU HAVE A QUESTION? DID WE EVER GO BACK AND FINISH AGENDA ITEM THREE? UM, WE PUSHED THAT TO THE BOTTOM OF THE 'CAUSE.
THERE ARE PEOPLE WAITING THAT ARE ACTUALLY HERE.
YEAH, NOBODY'S HERE FOR ITEM THREE.
AND I, I, UH, APPRECIATE THE COMMISSION GETTING TO THIS ONE IN PARTICULAR.
[6. Case Number: CL 2021-050163, CL 2021-050393 and CL 2021-050180]
IS A RESIDENTIAL PROPERTY LOCATED AT 84 12 GUARD CREEK CIRCLE.THREE ORDERS WERE ISSUED BY THE COMMISSION FOR THIS PROPERTY IN APRIL OF 2021.
THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE THREE ORDERS AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE ACCRUED PENALTIES.
THE CASE NUMBERS ARE CL 2 21 0 501 63, CL 20 21, 0 5, 0 3 9 3, AND CL 20 21 0 5 0 1 8 0.
THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THESE CASES.
THESE CASES ARE ABOUT A RESIDENTIAL FOURPLEX CON PROPERTY CONSISTING OF A SINGLE STRUCTURE.
THREE ORDERS WERE ISSUED IN THESE CASES FOR REPAIR
[02:20:01]
WITHIN 45 DAYS, WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 46TH DAY.IF COMPLIANCE WAS NOT ACHIEVED, THE TOTAL PENALTIES AS OF TODAY'S DATE ARE $112,505 AND 28 CENTS, $57,282 AND 66 CENTS, AND $101,980 AND 4 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM WHEN COMPLIANCE WAS ACHIEVED THROUGH THE DATE OF TODAY'S MEETING.
IN YOUR READER OF GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED EXHIBITS ONE, TWO A THROUGH TWO M THREE, FOUR A THROUGH FOUR D AND FIVE AND SIX A THROUGH SIX J, AS WELL AS EXHIBIT SEVEN, WHICH CONSISTS OF UPDATED COMPLAINT AND CASE HISTORIES.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP.
THE NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, COPIES OF THE RECORDED BSC ORDERS ISSUED APRIL 24TH, 2021, AND CORRESPONDING PENALTY STATEMENTS AND EXHIBIT EIGHT, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
AND THE CITY'S RECOMMENDATION CODE INSPECTOR JESSE BARDA IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE.
AND WE'LL PRESENT SOME COMPLIANCE PHOTOS.
INSPECTOR BARDA, PLEASE BEGIN YOUR TESTIMONY.
WE, WE DON'T HAVE A QUORUM 'CAUSE WE GOT OH, WE DO.
GOOD EVENING, COMM COMMISSIONERS.
I AM AN INSPECTOR WITH THE REPEAT OFFENDER UNIT AND DEVELOPMENT SERVICES FOURPLEX IN EAST AUSTIN.
THE OWNER IS ASKING FOR A REDUCED FINE.
THERE WERE THREE CASES IN OCTOBER OF 2019.
A CASE WAS OPEN FOR UNIT A WHEN THERE WAS A COMPLAINT OF A LEAKING SINK AND AN AC NOT WORKING IN DECEMBER, 2019.
TWO MONTHS LATER, THE CASE WAS OPEN FOR UNIT D IN AUGUST OF 20, 28 MONTHS LATER, A CASE WAS OPEN FOR THE EXTERIOR OF THE PROPERTY.
PLEASE NOTE, DURING THIS TIME, THE PROPERTY SOLD IN FEBRUARY OF 2020.
ALL THREE CASES WERE BROUGHT TO BSC IN APRIL OF 2021 WITH ORDERS FOR REPAIR.
ONE YEAR AFTER THE ORDER, THE CASE FOR UNIT A WAS CLOSED IN MAY OF 2022.
THE CASE FOR UNIT D WAS CLOSED IN APRIL OF 2023, AND THE CASE FOR THE EXTERIOR WAS CLOSED IN JUNE OF 2023.
I WILL NOW TAKE YOU THROUGH SEVERAL, UH, PHOTOS OF THE PROPERTY, SOME BEFORE AND AFTER.
THIS IS A PICTURE OF THE FRONT OF THE PROPERTY AS YOU DRIVE UP NEXT, WINDOWS AROUND THE PROPERTY WERE DEFICIENT.
UH, THIS WINDOW WAS MISSING HARDWARE AND NOT WORKING PROPERLY.
NEXT SECURITY LIGHT WITH EXPOSED WIRING.
NEXT, THE, UH, PROPERTY HAD ISSUES WITH THE DETERIORATING SIDING.
NEXT, ANOTHER AREA HAD A HOLE IN THE SIDING.
NEXT, ANOTHER HOLE THAT IS AN EXTERIOR, UH, PLUG WITH A DAMAGED COVER.
NEXT, THERE WAS A, THERE WERE OUTDOOR ELECTRICAL SERVICE PANELS.
IT WAS MISSING FILLER PLUGS AROUND THE, UH, CIRCUIT BREAKERS.
NEXT, THIS WAS AN INTERIOR DOOR.
THE DOOR JAMB WAS DAMAGED AND WAS NOT SEALING PROPERLY.
NEXT, ANOTHER BROKEN WINDOW PANE.
NEXT, UM, THE INSPECTOR TOOK A PICTURE OF THE BOTTOM OF A DISHWASHER.
NEXT, SOME OF THE WIRING AROUND THE PROPERTY WAS DEFICIENT.
THIS PLUG WAS WIRED INCORRECTLY.
[02:25:02]
NEXT, THIS IS A PROFILE VIEW OF A BEDROOM DOOR.NEXT, UH, THIS WINDOW WAS MISSING HARDWARE.
NEXT, THESE ARE A FEW OF THE COMPLIANCE PHOTOS.
THE, UH, DOOR THAT, UH, WE JUST SAW THAT WAS SPLIT WAS REPLACED.
THE DISHWASHER THAT WAS NOT WORKING WAS COMPLETELY REMOVED AND THE AREA WAS REPURPOSED.
NEXT, THIS IS A PICTURE OF, UH, REPAIRED SHOWER VALVES THAT WERE LEAKING AND NOT WORKING PROPERLY.
NEXT, THIS AREA AROUND A CHIMNEY WAS DETERIORATED.
NEXT, THIS AREA, UH, THE SIDING HAD A BUNCH OF HOLES ON IT.
NEXT SECURITY LIGHT WAS REWIRED AND MOUNTED PROPERLY.
NEXT, AND FINALLY, THE, UH, EXTERIOR SERVICE PANELS WERE COMPLETELY REDONE.
THIS CONCLUDES MY PRESENTATION.
I AM AVAILABLE FOR ANY QUESTIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT SEVEN, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT EIGHT, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
STAFF ALSO REQUESTED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS AND FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
NUMBER ONE, AFFIRM THE CIVIL PENALTIES OF $112,505 28 CENTS, $57,282 AND 66 CENTS, AND $101,980 AND 4 CENTS ASSESSED FROM EACH ORDER RECORDED AS T RV 20 21, 1 0 7 5 1 4 T RV 20 21, 1 0 7 505, AND TRV 20 21, 1 7 5 1 6.
IN THE ALTERNATIVE, IF THE CIVIL PENALTIES ARE REDUCED, ALLOW 30 DAYS FROM THE DATE THE AMENDED ORDERS ARE MAILED TO PAY THE CIVIL PENALTIES IN FULL AT THE REDUCED AMOUNTS.
AND ON THE 31ST DAY FROM THE DATE THE AMENDED ORDERS ARE MAILED.
IF THE CIVIL PENALTIES HAVE NOT BEEN PAID IN FULL AT THE REDUCED AMOUNTS, REINSTATE THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNTS.
INTEREST SHALL CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I ALSO WANTED TO POINT OUT THAT THE, UM, PROPERTY OWNER WHO'S HERE TONIGHT, UH, SUBMITTED A, UH, AN EXHIBIT AS WELL, A LENGTHY EXHIBIT THAT, UH, IS IN YOUR READERS.
I'LL GO AHEAD AND ADMIT STAFF'S EXHIBIT SEVEN AND EXHIBIT EIGHT, AS WELL AS THE ONUS EXHIBITS.
UM, IT'S ALL TOGETHER IN ONE PACKET, BUT WE HAVE ALL THE DOCUMENTS.
SO DO YOU WANT TO TELL US, FIRST OF ALL, WHAT WOULD YOU LIKE US TO DO TONIGHT SPECIFICALLY? AND ALSO AMOUNTS, AND THEN YOU CAN TELL US WHATEVER ELSE YOU NEED US TO KNOW.
UM, UM, I'M, WE ARE REQUESTING A FULL RELIEF OF PENALTY.
SO, FULL RELIEF OF PENALTIES FOR ALL THE THREE AMOUNTS THAT WERE MENTIONED? THAT THAT'S CORRECT.
AND WHAT IS YOUR REQUEST BASED ON? YES, SO, SO CAN I, UM, SO LET ME INTRODUCE MYSELF.
SO I'M, UM, UH, RAJA, THIS IS MY BROTHER, UH, RAJA.
UM, WE, WE DON'T LIVE IN TEXAS.
UM, WE TAKE THIS SUPER SERIOUSLY, AND THIS IS LIFE CHANGING FOR US, UH, TO BE HONEST.
UM, YOU KNOW, AS I'M GETTING OLDER, WE WANTED TO SAVE UP FOR RETIREMENT.
SO WE WERE LOOKING FOR OPPORTUNITIES TO INVEST.
WE, WE'VE BEEN LOOKING FOR ABOUT A YEAR OR SO TO INVEST, AND WE FOUND THIS FOUR PLEX UNIT.
UM, AND WE, UH, WE DESIRED TO INVEST IN THIS, UH, WE PAID MARKET PRICE FOR THIS ABOVE LISTING PRICE FOR THIS UNIT.
AND WE ARE NOT TOO FAMILIAR WITH THIS UNIT.
SO WE WORK THROUGH A REAL ESTATE, UH, AGENT TO ACQUIRE THIS PROPERTY.
UM, WE BOUGHT THIS PROPERTY IN JANUARY, 2020, RIGHT
[02:30:01]
BEFORE COVID HIT.UM, AND, UH, AND, UM, RIGHT AFTER WE BOUGHT IT, UH, WE FOUND OUT TWO BIG SURPRISES.
ONE WAS THAT THIS PROGRAM, WE DIDN'T KNOW WHAT A REPEAT A HUNDRED PROGRAM MEANS.
AND WE DIDN'T KNOW WHAT THESE VIOLATIONS, THE SELLER DID NOT DIVULGE US.
UH, WE FOUND OUT ABOUT IT AFTER THE FACT.
UM, THE SECOND BIG THING THAT WE FOUND OUT IS THE BUILDING NEXT TO OUR FOURPLEX IS THE BUILDING WHERE ALL THE DRUG TRANSACTIONS HAPPEN.
DRUG SELLING HAPPENS RIGHT NEXT TO OUR BUILDING.
WE FOUND OUT ABOUT AFTER THE FACT.
UH, I'VE ALSO INCLUDED EXHIBITS IN EXHIBITS ZERO ABOUT THE NUMBER OF CRIMINAL ACTIVITIES THAT HAPPEN RIGHT AROUND OUR BUILDING.
UH, YOU WILL SEE ABOUT 200 OR SO ACCC OCCURRENCES IN JUST ONE YEAR IN, IN THE BUILDINGS, UH, AROUND US.
UM, SO THIS, THOSE WERE TWO SURPRISES.
NOW, SPECIFICALLY ABOUT THESE VIOLATIONS, UH, THERE WERE THREE CASES.
TWO OF THEM ARE INTERNAL UNIT A AND UNIT D.
UH, AND THEN THE THIRD ONE WAS EXTERNAL WITH RESPECT TO UNIT A AND UNIT D.
UM, A A AS MR. VERDA POINTED OUT, THE ONES INTERNAL WERE LIKE, DOORS WERE BROKEN, DISHWASHER, UM, YOU KNOW, SMOKE ALARMS, THINGS LIKE THAT.
EVEN THOUGH THEY ARE IMPORTANT VIOLATIONS, THESE ARE SUPER EASY FOR US TO FIX AND THEY'RE NOT SUPER EXPENSIVE TO FIX.
AND WE MADE BEST EFFORT TO FIX IT.
THE PROBLEM WAS UNIT A AND D WOULD NOT GIVE US ACCESS TO THOSE UNITS.
AND THEN THEY WERE NOT PAYING RENT FOR TWO YEARS FROM 2020 JANUARY TO THE END OF 2022.
THEY DID NOT PAY RENT, AND THEY WOULD NOT WANT US TO ENTER THE UNITS.
SO EVEN OUTSIDE OF THAT, WE MADE SEVERAL ATTEMPT, WE WOULD FIX THOSE ISSUES.
AND THOSE SAME ISSUES WOULD REOCCUR.
THEY WOULD, BECAUSE THEY WERE S UNIT A WAS BASICALLY USING THE UNIT AS A SMOKE PAD BY DRUGS FOR THE NEXT UNIT.
THIS, THIS IS THE UNIT RIGHT NEXT TO THE FOURPLEX AND USE IT AS A SMOKE PAD.
THEY WOULD REMOVE THE, UM, UH, UH, FIRE, UH, UH, FOR SMOKE ALARMS AND, UM, THINGS LIKE THAT WOULD HAPPEN.
UM, SO IT TOOK US TWO YEARS TO EVICT THEM.
AND I'VE INCLUDED EXHIBIT ON EVICTION NOTICES BECAUSE OF THE COVID.
WE COULDN'T EVICT THEM AT THE END OF, UH, BEGINNING 2023, WE WERE ABLE TO EVICT THEM.
NOW AFTER WE EVICTED THEM, THE, THE, THE, THE DRUG, UH, UH, ACTIVITY GUYS FROM THERE, AFTER WE EVICTED THEM, OCCUPIED THE UNIT AND SQUATTED IN THE UNIT AFTER THE EVICTION, AND WE WERE ABLE TO EVICT THEM ONE MONTH BACK, JUST ONE MONTH BACK, WE WERE ABLE TO THEM.
SO WE'VE BEEN THROUGH A LOT, A LOT OF ISSUES.
UH, AND I'VE ALSO INCLUDED EXHIBITS FOR, UH, GETTING THE SQUATTERS OUT WITH THE, WITH THE POLICE COMPLAINT AND STUFF LIKE THAT.
WITH RESPECT TO THE OUTSIDE, UH, EXTERNAL FIXES, I'VE BEEN INCLUDED IN INVOICES WHERE, UH, WE FIXED THEM IN OCTOBER, 2020.
UH, THE INVOICES WOULD STATE THAT, BUT THE SAME ISSUES LIKE, UH, THE WINDOWS, THE NEIGHBORS WOULD COME IN, BREAK THE WINDOWS AGAIN.
UH, THE, FOR EXAMPLE, THE LIGHTS WERE SHOWN BY MR. MR. BARDA.
THEY WOULD NOT WANT THE LIGHTS TO FACE THEIR PROPERTY BECAUSE ALL THE DRUG STUFF IS HAPPENING.
THEY WOULD GO IN AND MESS UP THE, UH, MESS UP THE STUFF.
SO ANYWAY, SO, UM, WE, I, I, I, I JUST WANT, AND THEN THE PROPERTY MANAGER, UH, DURING THIS, WHAT WE RELIED ON AT COVID TWO TIMES, AND HE WAS ADMITTED IN ER, I ALSO HAVE EXHIBITS, UH, EX EMAIL EXCHANGE BETWEEN THE PROPERTY MANAGER AND, AND THE, AND THE THEN INSPECTOR STATING ABOUT THIS, UH, AND, AND THEN CONTRACTORS, GETTING CONTRACTORS IN THAT AREA IS IMPOSSIBLE.
THEY WOULD COME AND SEE THE LOCATION, AND THEY WOULD NOT WANT TO DO ANY WORK.
SO ANYWAY, SO IN, IN NUTSHELL, I JUST WANNA SAY THAT WE WANTED TO DO THE RIGHT THING.
BUT, YOU KNOW, GIVEN THE, THE DRUG RELATED STUFF, THE, UH, OUR TENANTS USING THIS THING AND NOW THIS HUGE PENALTY, IT JUST MAKES IT REALLY DIFFICULT FOR US.
THE SECOND, MR. JENNIFER? JOHN, GO AHEAD.
YEAH, IT'S, YEAH, IT'S WORKING.
YEAH, IF YOU COULD, UH, JUST GO TO THE INCOME EXPENSE SLIDE, RIGHT? THE SECOND SLIDE, UH, THE SECOND SLIDE IN THE EXHIBIT.
[02:35:01]
TO QUICKLY GO OVER THE INCOME EXPENSE, UH, THE PROJECTED INCOME, UH, ONE SLIDE ABOVE.SO THE PROJECTED INCOME, ANNUAL INCOME FOR THIS FOURPLEX, RIGHT? IT'S 53 K BASED ON, UH, YOU KNOW, THE MARKET TRENDS, RIGHT? BUT YOU COULD SEE OVER THE LAST FOUR YEARS WE'VE BEEN GIVEN GETTING ONE FOURTH OF IT.
THE REASON BEING, FOR THE MOST OF THE LAST THREE YEARS, WE HAD ONLY ONE PAYING TENANT.
ONLY ONE TENANT OF THE FOUR PAID.
UH, SO I, I MEAN, WE ALSO INCLUDED, UH, YOU KNOW, MY TAX RETURN TO MAKE SURE THAT, YOU KNOW, WE ARE, WE ARE STATING THE FACTS.
UH, BUT WE STILL, THE REASON I'M SAYING IS WE ARE STILL COMMITTED TO MAKING THOSE REPAIRS, RIGHT? WE DIDN'T LIKE SHY AWAY.
SO IF YOU LOOK AT THE EXPENSES PART, THE EXPENSES ARE DIRECT EXPENSES ON THE PROPERTY.
THEY DO NOT INCLUDE PROPERTY MANAGEMENT FEE, PROPERTY TAXES, INSURANCE, OR, OR THE LENDER, UH, MORTGAGE THAT WE HAVE, RIGHT? YOU COULD SEE THAT ON 2020, WE FIXED THE, UH, WE FIXED THE, UH, YOU KNOW, THE EXTERIOR.
AND THEN IN 2021, FEBRUARY, WE HAD THE SUPERSTORM IN AUSTIN.
ALL THE EXTERIOR WORK, WE HAD TO DO IT AGAIN AT THE END OF 2021.
AGAIN, WE HAD TROUBLES GETTING THE CONTRACTOR.
SO THAT EXPLAINS THE EXTERIOR WORK, RIGHT? WHY IT TOOK SO LONG.
UNIT A AND DI THINK IT'S REALLY SLAM DUNK, RIGHT? WE JUST COULDN'T GET ACCESS.
UH, AND THEN, BUT LOOKING FORWARD, RIGHT, 2024, WE ARE COMMITTED TO, COMMITTED TO TURNING AROUND THIS PROPERTY, RIGHT? WE JUST GOT UNIT D MAKE READY, WE JUST HAVE THE PICTURES TODAY.
SO UNIT UNITY, WE GOT THE SQUATTERS OUT LIKE I THINK LAST WEEK.
SO WE HAVE CODES FOR MER READY.
AND BELIEVE IT OR NOT, A MONTH AGO, WE FOUND OUT THAT OUR HVAC WAS ACTUALLY STOLEN IN UNITY.
THEY JUST TOOK OUT THE WHOLE THING.
AND WE ALSO HAVE AN EXHIBIT, UH, TO PROVE THAT.
SO THAT'S ONE MAJOR TICKET ITEM WE NEED TO DO.
AND THEN THE OTHER THING WAS THE FENCE WAS BROKEN.
THAT'S ALSO IN FROM A NEIGHBOR, YOU KNOW, THE EIGHT FOUR, UH, 8 4 0 8, RIGHT? UH, WE ALSO HAVE, UH, EXHIBITS TO, UH, TO PROVE THAT.
SO OUR PROJECTED INCOME IS ACTUALLY NOT WHAT IT STATES THERE.
UH, WE'VE BEEN HERE FOR THE LAST TWO DAYS TALKING TO PEOPLE.
IT'S A LOT MORE THAN THAT, RIGHT? EXPENSE, I'M SORRY, PROJECTED EXPENSE.
PROJECTED EXPENSE FOR 20, A LOT MORE THAN THAT.
UH, I ALSO WANNA POINT OUT, I JUST WANT TO TOUCH UP ON THE DRUG ACTIVITY, RIGHT? WE, WE, WE TRY TO BE A GOOD CITIZEN, RIGHT? WANTED TO, WE, WE ARE IN HERE FOR THE LONG TERM.
WE ACTUALLY WROTE TO THE PROPERTY OWNERS OF ALL THE THREE BUILDINGS WHERE ALL THE CRIMES ARE IN 2020.
WE GOT ONE OF THEM RESPONDED, BUT WE, WE GOT NOWHERE, RIGHT? SO IT'S, IT'S A CONTINUING THING FOR US.
UH, IN, IN SUMMARY, WHAT WE ARE SAYING IS, YOU KNOW, RIGHT FROM DAY ONE, WE HAD A LOT OF CHALLENGES.
WE INHERITED SOMEONE ELSE'S PROBLEM IN TERMS OF, YOU KNOW, AS, AS THE INSPECTOR POINTED OUT, RIGHT? THERE WERE EXISTING VIOLATIONS, RIGHT? THEY'RE NEVER DISCLOSED TO US.
WE DON'T EVEN HAVE THAT LEGAL.
AND WE DIDN'T KNOW IT WAS PART OF THE RECEIPT OFFENDER PROGRAM.
AND THEN COVID TWO YEARS, RIGHT? WE COULDN'T TRAVEL PROPERTY MANAGEMENT ISSUES.
TENANT WOULDN'T GIVE US ACCESS FOR LIKE, UH, TWO YEARS.
AND THEN NEIGHBORHOOD ACTIVITY AS WELL, WHICH STILL CONTINUES.
UH, SO WE, WE ACTUALLY PUT IN A LOT OF TIME AND MONEY IN, AND WE ALSO UNDER A LOT OF, UNDER THE WATER, RIGHT? FINANCIALLY, RIGHT.
AND LOOKING FORWARD, WE ARE, WE SEE THE LIGHT AT THE END OF THE TUNNEL.
WE THINK WE CAN GET THERE WITH, THIS IS A, WE ARE HAVING A THIRD PROPERTY MANAGER IN FOUR YEARS, AND WE THINK THAT WE HAVE THE PROFESSIONAL PROPERTY MANAGER FINALLY IN PLACE.
SO ANYTHING, I MEAN, WHEN WE SAW THE FINE, IT WAS A HUGE FINE.
SO ANY, ANYTHING, ANYTHING MORE, WE CANNOT DO ANYTHING.
AND LIKE I SAID, WE ARE NOT AN LLC, RIGHT? I HAVE A DAY JOB.
I'VE TAKEN TWO DAYS OFF FROM MY WORK.
HE HAS TAKEN TWO DAYS OFF FROM HIS WORK TO BE HERE.
IT, IT IS JUST NOT, UH, YOU KNOW, SOMETHING THAT WE CAN HANDLE.
PLUS WE ARE DOING THE RIGHT THING.
WE ALSO ASK THAT WE, WE, YOU KNOW, BE EXCLUDED FROM THE REPEAT OFFENDER PROGRAM, AT LEAST GOING FORWARD, RIGHT? WE CAN DO THIS.
UH, YOU KNOW, AND, YOU KNOW, AND LIKE I SAID, WE ARE COMMITTED TO, TO THE COMMUNITY, YOU KNOW, WE ARE NOT RUNNING AWAY.
WE ARE JUST DOING THE RIGHT THING.
UM, WELL, YEAH, THIS ONE'S INTERESTING SINCE YOU CAME IN RIGHT BEFORE THE PANDEMIC, BUT JUST ONE THING THAT I NOTICED ON YOUR EXHIBITS, IF IT'LL HELP YOU AT, OUT AT ALL, YOU DID GIVE US A, A TOTAL SUM OF ALL THE EXPENSES YOU HAD RELATING TO THE REPAIR ORDERS, BUT LOOKING AT THE INVOICES, THEY DON'T HAVE, THERE'S NOTHING LIKE RECEIPTS.
YOU HAVE INVOICES THAT ARE NOT STAMPED, PAID, OR ANYTHING.
SO THAT'S JUST AN OBSERVATION.
MAYBE THE OTHER COMMISSIONERS MIGHT BE ABLE TO ADDRESS THAT WITH YOU.
UM, ANY QUESTIONS? UM, I HAVE THE INVOICES FOR THE, FOR, UH, THE EXPENSES TOWARDS THE END OF IT.
WE DIDN'T BRING EXPENSES FOR LIKE 20 20 21.
UH, WE DIDN'T, WE DON'T HAVE IT.
BUT FOR THE EXPENSES THAT ARE CURRENT, FOR THE $40,000 EXPECTED IN 2024,
[02:40:01]
I HAVE THE, UH, ESTIMATES AND INVOICES FOR THE ONES THAT ARE UPCOMING.UPCOMING, BUT NOT FOR THE ONES THAT FIXED ALL THE ISSUES THAT WERE THERE IN 2021.
UH, NOT FOR, NOT FOR 2021, NO.
'CAUSE YOU HAD BUT I, I CAN GET THAT, GET THAT FOR YOU.
I MEAN, THE BIG BIGGEST EXPENSE WAS THE, UM, THE TAMPERING.
THEY TAMPERED THE METERS TO GET ACCESS TO THE UNITS BECAUSE THERE'S NO HEAT.
SO THAT THEY TOOK THE, UH, METER FROM ONE OF THE UNITS TO THE OTHERS, THEY DID IT.
SO THE CITY OF AUSTIN UTILITIES REMOVED THE METERS.
SO TO GET THEM INSTALLED BACK COST US $12,000.
THAT WAS THE, THE BIG, BIG TICKET.
UM, BUT I DON'T HAVE THE RECEIPTS FOR THEM, BUT I, I CAN HAPPILY SEND IT TO YOU.
I I DO THINK YOU'RE CREDIBLE, UH, PEOPLE, AND WE'LL TAKE YOUR WORD AT SOME LEVEL.
I CAN ALSO PASS THIS, UH, THING IF YOU, THESE ARE THE INVOICES AND ESTIMATES FOR THE, THE EXPENSES IN THIS YEAR.
LIKE THE ONE YOU'VE ALREADY, WHEN YOU KEEP SAYING 2024, THE ONES YOU'RE ALREADY PAID, CORRECT? UH, UH, OR RATHER, SOME ARE INVOICES, SOME ARE CODES, SOME QUOTES ACTUALLY CODES.
WE ONLY, WE CAN ONLY, I, I SUPPOSE WE COULD LOOK AT THAT, BUT IT WILL BE MAYBE MORE IMPACTFUL IF YOU SHOW, SHOW US WHAT YOU'VE ALREADY INCURRED TO BRING THESE PROPERTIES INTO COMPLIANCE.
'CAUSE YOU ALREADY DID DO THE WORK.
I MEAN, INSPECTOR BARDA, YOU SAID THAT EVERYTHING IS IN COMPLIANCE NOW BASED ON THE, ON THOSE CASES, THOSE PREVIOUS CASES, YES.
UH, I'LL CATCH THOSE ON MY NEXT INSPECTION, BUT OH, OKAY.
UH, COMMISSIONER CAMPBELL, SO I THINK THAT IN LIGHT, UH, WELL, FIRST OF ALL, I, I, I'D LIKE TO THANK THE PROPERTY OWNERS FOR BEING HERE.
I, I UNDERSTAND THIS IS A MUCH BIGGER COST FOR YOU TO BE HERE THAN FOR SOME OTHER PROPERTY OWNERS.
AND, YOU KNOW, PERSONALLY, YOU KNOW, I, I THINK THAT IN, IN LIGHT OF THE TIMING AND SOME OF THE SPECIFIC LEGAL CHANGES AROUND TENANCY LAW AND, AND THE EVICTION FREEZE DURING COVID, I, I UNDERSTAND HOW IT WAS PARTICULARLY DIFFICULT TO DEAL WITH THIS ISSUE AT THE TIME.
UM, I, HMM, I SUPPOSE I, I, I, I DON'T EXACTLY HAVE A QUESTION, BUT I, I WOULD JUST LIKE TO SUGGEST TO THE COMMISSION THAT, UM, YOU KNOW, IN, IN LIGHT OF EVERYTHING THAT THEY HAVE DONE, I, I WOULD JUST SAY THAT I, I'M VERY MUCH IN FAVOR OF AT LEAST SOME FINE FORGIVENESS.
UM, AND I, I WOULD ALSO, UM, WHILE WE WERE DISCUSSING THIS, I, I DID GO AHEAD AND JUST CALCULATE THE, THE TOTAL FINE BASED ON THE THREE, UH, NUMBERS THAT WE'VE BEEN GIVEN IS CURRENTLY $271,000 AND 602, 270 1,687 AND 98 CENTS.
UM, SO THAT'S JUST KIND OF THE NUMBERS THAT WE'RE WORKING WITH HERE.
AND IN TERMS OF WHAT WE CAN POTENTIALLY, UH, MITIGATE.
UM, COMMISSIONER CAMPBELL, I WAS LOOKING AT THOSE NUMBERS TOO.
AND, UM, LOOKING AT THE ONUS EXHIBITS, THAT'S WHY I WAS TRYING TO GET THEM THERE TO GIVE US MORE NUMBERS.
'CAUSE THE ONLY, UM, TOTAL THAT AT SIN WAS ABOUT 48, 47, 7 87.
AND THEN I SAW YOUR OTHER INVOICES THAT ARE MAYBE NOT YET PAID.
SO THAT'S, THAT'S ONE QUESTION.
THE, THE, UH, INVOICE THAT I PROVIDED WAS JUST TO PROVE THAT THE WORK WAS DONE AT THAT TIME.
UH, THAT WAS THE REASON FOR GIVING THE INVOICE.
UM, BUT IF YOU WANT PROOF THAT WE SPENT X AMOUNT OF DOLLARS, UH, WE, WE CAN GIVE THAT, UH, WE HAVE THAT INFORMATION, BUT WE DON'T HAVE IT RIGHT NOW.
THAT JUST GIVES US MORE CLARITY.
UM, YOU KNOW, BUT THAT'S NOT A, IT'S NOT A, AND, UH, WE, SORRY, REQUIRED, UH, THE, THE, UH, WE INCLUDED PICTURES, FOR EXAMPLE, THE METERS THAT WERE REMOVED.
AND AS YOU COULD IMAGINE, UH, IT COSTED US LIKE $12,000 TO BRING IT UP TO CODE AND TO HAVE CITY OF AUSTIN COME BACK AND REINSTALL THE METERS.
THAT WAS ONE OF THE BIG EXPENSES.
UH, AGAIN, I HAVE BEFORE AND AFTER PICTURES OF, OF THAT, YES, WE HAVE YOUR PICTURES IN OUR EXHIBITS.
UM, COMMISSIONER BENIGNO, AND DID YOU HAVE A OKAY,
I, I MEAN, I WOULD JUST LIKE TO SAY I AGREE THAT WE SHOULD CONSIDER CONSIDERABLE REDUCTION OR COMPLETE ELIMINATION OF THE FINES.
AND I ALSO WOULD SHARE THAT, UM, YOU SEEM TO BE FOCUSED ON THE INVOICE TOTALS, BUT I DON'T FIND THEM TO BE
[02:45:01]
RELEVANT BECAUSE THIS IS A MULTIFAMILY PROPERTY AND THE OFFSETS HERE AREN'T RELEVANT, AND THEY'RE UP THE PROPERTY'S UP TO CODE NOW.SO I THINK REALLY THE CONSIDERATION HERE IS JUST WHETHER OR NOT WE THINK THE FINES ARE JUST GIVEN THE SITUATION THAT THEY WERE DEALING WITH, UH, BEING UNABLE TO EVICT AND THEN REMEDY THE PROBLEMS THAT WERE INSIDE.
IT SEEMS TO ME COMPLETELY UNJUST THAT THESE FINES WOULD BE COMPOUNDING WHILE THEY WERE LITERALLY PREVENTED FROM ACCESSING THE SPACE WHEN, WHERE THE, UH, VIOLATIONS EXISTED.
UM, SO I DON'T KNOW WHERE THE WHOLE COMMISSION WILL LAND ON THAT, BUT PERSONALLY, UM, I CERTAINLY AM LEANING TOWARDS, UH, COMPLETE ELIMINATION OR DRASTIC REDUCTION OF THESE FINES JUST BASED ON THE FACT THAT THEY CLEARLY HAVE, UH, DONE THE WORK TO GET THE PROPERTY INTO COMPLIANCE AND, UM, SEEM TO BE WELL INTENDED WITH THAT MATTER OF IMPROVING THE LIVING CONDITIONS OF PEOPLE THAT ARE LIVING IN THIS AREA.
AND, UM, I DON'T THINK IT'S JUST TO HAVE A COMPOUNDING, UH, YOU KNOW, ACCELERATING TYPE OF FINE, UH, BASED ON A, A, A LENGTH OF TIME WHEN DURING THAT LENGTH OF TIME THEY WERE NOT ABLE TO ACCESS THE PROPERTY TO REMEDY THE VIOLATIONS.
CAN I STATE ONE MORE THING? SURE, GO AHEAD.
UH, THE REASON, UH, THE REASON WE KEPT THE ESTIMATES, I, I KNOW YOU MIGHT HAVE MENTIONED IT'S NOT RELEVANT, BUT THE REASON WE, UH, GAVE THE ESTIMATES FOR 45, 30 TO 45,000 EXPECTED IN 24 IS WE ARE UNDERWATER.
AND WE ARE NOT BIG DEVELOPERS.
LIKE, WE ARE NOT LIKE BIG DEVELOPER.
WE JUST, WE JUST MADE AN INVESTMENT.
SO ANY FINE THAT YOU GUYS HAVE IS A BIG, BIG AMOUNT FOR US.
SO I JUST WANTED TO SAY THAT THERE'S A LOT MORE INVESTMENTS NEEDED TO BRING THIS THING, AND WE DON'T HAVE INCOME COMING IN AS WELL.
I, I THINK THAT, UM, WE'RE ALL SYMPATHETIC TO YOUR PLIGHT BECAUSE I THINK WHAT COMMISSIONER BENIGNO WAS ACTUALLY WAS SAYING IS TO SAY THAT IT'S NOT REQUIRED FOR YOU TO BRING ANYTHING MORE BECAUSE YOU'VE ALREADY DONE ALL THE WORK.
SO CLEARLY YOU SPENT A LOT OF MONEY, AND THEN YOU BROUGHT US THE TAX, UH, YOU KNOW, DOCUMENTS SHOWING THAT YOU'RE NOT, YOU WEREN'T MAKING ANYTHING AND YOU HAD EVICTION RECORDS.
SO WE KNOW YOU'RE, YOU KNOW, FIGHTING WITH THIS PARTICULAR PROPERTY.
WE ARE NOT TRYING TO BURDEN YOU ANYMORE.
SO I, THAT'S WHAT HE WAS ACTUALLY TELLING ME.
ALL RIGHT, COMMISSIONER CAMPBELL, UM, I WAS JUST GOING TO SUGGEST, UM, IN LIGHT OF, IT SEEMS LIKE WE HAVE SOME DISCUSSIONS TO HAVE AS COMMISSION.
IS THAT, UM, I WAS GONNA MOTION TO CLOSE THE PUBLIC PART OF THIS HEARING? YEAH, I'LL SECOND.
UM, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND A SECOND.
UM, ANY COMMENTS, OBJECTIONS? NOTHING ELSE? ALL RIGHT.
WE'LL CLOSE THE PUBLIC PART OF THE HEARING.
SO NOW THE COMMISSIONERS CAN, UH, MAKE A DECISION OR NO, I WANT NO FURTHER COMMENTS.
I I'M READY TO SAY SOMETHING TOO.
I JUST WANTED TO SAY THAT I AGREE WITH, UH, COMMISSIONER BENIGNO AND THAT, GIVEN WHAT WE'VE HEARD FROM THE, THE TWO OWNERS THAT, UM, I WOULD SUPPORT ABSOLVING THEM OF ALL THE FINES.
THIS IS A REPEAT OFFENDER PROGRAM PROPERTY, AND THAT'S A WHOLE DIFFERENT ISSUE.
YOU'LL HAVE TO FIND OUT HOW YOU CAN GET OFF OF THAT LIST EVENTUALLY.
BUT GO AHEAD, COMMISSIONER CAMPBELL, AND THEN COMMISSIONER FRANCIS.
SO I ACTUALLY HAD, UH, TWO QUESTIONS, UM, FOR A DIVISION MANAGER, ROBERT MOORE HERE.
UM, JUST FOR CLARIFICATION ON SOME OF THE THINGS THAT HAVE BEEN BROUGHT UP.
UM, THE FIRST IS, UM, YOU KNOW, IN LIGHT OF THE FACT THAT, UH, THE PROPERTY OWNERS HAVE SPENT MONEY, UM, IN ORDER TO BRING THIS PROPERTY INTO COMPLIANCE, UM, THE, WE, WE OFTEN TALK ABOUT LIKE THE KIND OF SET OFF FOR, UM, YOU KNOW, EXPENSES IN CODE AND BRINGING A PROPERTY INTO COMPLIANCE.
WOULD THAT APPLY KIND OF RETROACTIVELY TO THESE FINES THAT ARE ALREADY LEVIED IF THEY PROVIDE THE INVOICES FOR THOSE COSTS TO REPAIR? I MEAN, IT WOULD MAYBE HELP Y'ALL, BUT I THINK BENIGNO IS RIGHT.
I MEAN, THEY'RE AT SUCH A ASTRONOMICAL RATE COMPARED TO WHAT THEY'LL HAVE EVER SPENT ON IT.
I MEAN, IT'LL BE UP TO Y'ALL TO DETERMINE HOW, HOW MUCH YOU WANNA BRING IT DOWN, RIGHT? I I, I SUPPOSE I'M JUST THINKING HERE, LIKE IF WE WERE TO REDUCE IT TO LIKE 20,000 AND MAYBE THEIR EXPENSES HAVE ALREADY EXCEEDED THAT, WOULD I, I MEAN, AT THAT POINT, WOULD THE OFFSET STILL APPLY? THAT'S NOT HOW WE DO IT.
I ALSO WANNA REMIND COMMISSIONERS WE HAVE THIS, UM, HELPFUL PACKET HERE THAT TELLS US THE COST FOR STAFF TO WORK ON THESE CASES.
UM, GENERALLY SPEAKING TO GIVE US A GUIDE.
JUST TO FOLLOW, JUST TO FOLLOW UP ON, ON THE CHAIR'S COMMENT AS WELL AS
[02:50:01]
TO DRAW YOUR ATTENTION TO IT.'CAUSE I KNOW THE STAFF SPEND AN INORDINATE AMOUNT OF TIME IN A VERY DETAILED DRIVEN DATA-DRIVEN STUDY TO BRING SOME TOOLS FOR US TO USE TO MAKE THOSE SORT OF ASSESSMENTS INSTEAD OF PULLING NUMBERS OUT OF THE AIR, WHICH IS WHAT WE FOUND OURSELVES DOING.
BUT WE ARE NOW NO LONGER NEED TO DO THAT.
WE CAN ACTUALLY APPLY THIS DATA AND JUST SAY, HERE'S WHAT WE THINK THE COSTS PROBABLY WERE TO THE CITY.
REMEMBER, IT'S A REPEAT OFFENDER PROGRAM, PRO PROPERTY THAT THE COST DIRECTLY TO THE CITY TO MANAGE THIS CASE FROM ITS BEGINNING TO WHERE WE ARE NOW INSTEAD OF JUST PULLING THEM RIGHT THERE.
SO I WOULD GUYS, UM, COMMISSIONER KIND OF POINTED TOWARD THAT DOCUMENT ACTUALLY.
IS IT, IS IT IT'S NOT, WE'VE ALREADY ALREADY CLOSED YOUR PORTION OF IT ON, YOU'RE GETTING HIT FROM ALL SITES.
WE, THERE'S A NEED DRUG STUFF.
THEY'RE USING AS A DRUG NOW WE ARE THIS PENALTY, LIKE, YEAH, NO, NO, NO.
WE WE'RE WORKING THROUGH THIS AND THE COMMISSIONERS ARE JUST COMMENTING ON WHAT WE CAN DO TO HELP YOU OUT HERE, I THINK.
SO JUST BEAR WITH US AND IF THEY HAVE QUESTIONS FOR YOU, THEY'LL STILL ASK.
SO, UM, YEAH, SO AS EVERYBODY HAD A CHANCE TO LOOK AT THE, YOU KNOW, THE ESTIMATES AND IN LIGHT OF THE ESTIMATES, I WOULD BE COMFORTABLE WITH CERTAINLY, UH, HEFTY, UH, UH, FORGIVENESS OF THE FINES, BUT MAYBE NOT AN ABSOLUTE TOTAL FORGIVENESS OF ALL THE FINES, ONLY BECAUSE IT DOES TAKE, UM, IT DOES COST THE DEPARTMENT A LITTLE BIT OF MONEY TO KEEP COMING BACK.
YOU KNOW, THAT THE PUBLIC PART OF THE HEARING IS CLOSED.
I TOTALLY, THERE IS NOTHING ELSE WE, WE UNDERSTAND, WE UNDERSTAND THAT YOU GOT THE PROPERTY AT THE BEGINNING OF 2020 AND THERE WERE OTHER THINGS, BUT YOU DID PURCHASE THE PROPERTY AND IN, YOU KNOW, IN THE UNITED STATES, OF COURSE, THE BUYERS HAVE TO DO DUE DILIGENCE WHEN PURCHASING.
AND I UNDERSTAND THAT YOU ARE FROM CALIFORNIA AND YOU WEREN'T HERE, BUT YOU TRUSTED SOMEBODY TO DO THAT.
OKAY? WE, WE, WE'VE HEARD YOU AND I THINK YOU'VE HAD YOUR CHANCE TO SPEAK, AND WE ARE VERY SYMPATHETIC, TRUST ME.
AND WE UNDERSTAND THAT YOU HAD A LOT OF TROUBLE WITH THIS PROPERTY AND IT'S STILL ONGOING.
SO WE ARE KEEPING ALL THAT IN MIND.
WOULD YOU GIVE HIM THE SCALES THAT WE'VE GOT THERE OF THE LOW COMPLEXITY, AVERAGE, HIGH COMPLEXITY, YOU KNOW, WHERE THAT MIGHT FALL IN THE RANGE, THIS CASE, WE BELIEVE TO BE AVERAGE.
DID EVERYBODY CATCH THAT? ALL RIGHT.
SLUGO, YOU HAVE SOMETHING TO ADD? UM, YES.
UM, UM, I WOULD SAY, UM, I I WOULD ASK, UH, ONE QUESTION, UH, OF, UH, THE MANAGER MORE, AND ONE QUESTION I THINK MAYBE TO THE COMMISSION OR TO THE, UM, UH, PROPERTY OWNERS, UH, FOR, UH, MR. MOORE.
UM, WOULD THIS, FOR, FROM AN INSPECTION PERSPECTIVE, WOULD THIS BE MULTIPLE SEPARATE PROPERTIES LIKE NON-COMPLIANT PROPERTIES SINCE IT'S A FOURPLEX? OR ARE, IS THIS THE, IS IT THE EQUIVALENT WORKLOAD OF, OF ONE PROPERTY? IT'S ONE PROPERTY.
AND THEN FOR THE, UM, PROPERTY OWNERS AND THE COM, I DON'T KNOW IF ANYONE HERE REMEMBERS IT, REMEMBER.
SO WHEN WAS THE MORATORIUM EVICTION, UM, UM, LIFTED BECAUSE, UH, I, I SAW THAT 2021 WAS WHENEVER THE CODE VIOLATIONS STARTED ACCRUING, AND I ONLY SEE A TENANT EVICTION FOR, UM, THE SECOND PHASE OF EVICTIONS IN 2024.
BUT MY CURIOSITY IS, YOU KNOW, I, I DEFINITELY, I KNOW IT WAS, IT WAS LIFTED BY 2023.
SO WHY THE DELAY BETWEEN THE INITIAL PHASE OF EVICTIONS, FIRST OF WHEN WERE THEY AND WHY DELAY BETWEEN THOSE AND WHEN IT WAS FINALLY, UM, ACTUALLY CAME INTO COMPLIANCE.
SO THE, UH, IF I MAY ADD REALLY QUICKLY, ACTUALLY, THEY HAVE ONE FROM, UM, AUGUST OF 2022, A DEFAULT JUDGMENT IN EVICTION COURT.
YEAH, THE, UH, SO WE, WE HAVE PROVIDED SOME EXHIBITS.
UH, ONE EXHIBIT WAS FOR, THERE HAS BEEN LIKE, I DON'T KNOW, FIVE OR SIX EVICTIONS SO FAR IN THE LAST THREE YEARS.
UH, THE FIRST TIME IT WAS LIFTED AFTER COVID, WE STARTED THE PROCESS SOMETIME JULY, I THINK, BUT BY THE TIME WE ACTUALLY GOT THE ORDER AND GOT THE COPS TO, UH, HAVE THEM, UH, GO OUTTA THE UNIT, I BELIEVE WAS JANUARY, 2023.
[02:55:02]
UM, UH, SO THAT WAS THE FIRST TIME WE, UH, FIRST EVICTION OF TWO UNITS HAPPENED.AND THEN THERE WAS AN EVICTION ON, ON, ON ANOTHER UNIT, ON SPECIFICALLY ON UNIT A, AND THERE WAS ANOTHER QUARTER RIGHT AFTER THAT EVICTION, SO THAT SQUATTER WE WERE ABLE TO GET OUT, UM, LIKE LAST WEEK OR SOMETHING LIKE THAT.
UM, YEAH, SO, BUT, BUT THE EXHIBIT SHOULD INCLUDE, UH, ALL THE EVICTIONS AND POLICE, POLICE REPORTS AND ALL THIS STUFF.
UH, MADAM CHAIR, I JUST WANTED TO ALSO ADD A LITTLE TO COMMISSIONER O LUGO'S QUESTION.
UM, I'M IMAGINING THAT THERE WAS QUITE A BOTTLENECK OF EVICTIONS THAT WERE SITTING, AND THEN WHEN THEY ALL DID, YOU KNOW, THEY ALL CAN'T KIND OF COME OUT THE FAUCET ALL AT ONCE.
SO, UM, YOU KNOW, THERE WAS PROBABLY SOME BACKUP AND I IMAGINE THAT, YOU KNOW, THEY WERE, THESE EVICTIONS LANDED KIND OF WHERE THEY LANDED.
SO, YES, SO THAT, DOES THAT ANSWER YOUR QUESTION? YEAH, I WAS JUST TRYING TO ESTABLISH HOW MUCH TIME OF THE ACCRUAL WAS, UH, PURELY DUE TO BEING FORCED AND HOW MUCH TIME WAS IT DUE TO, UM, NOT DOING THE REPAIRS FAST ENOUGH.
MY, UM, IMPRESSION THAT I, I MEAN, I DON'T REMEMBER WHEN THE MORATORIA WERE ALL LIFTED, BUT, UM, I THINK IT TOOK A WHILE.
IF I REMEMBER, IT TOOK ABOUT TWO YEARS FROM IT.
IT WAS SOMETIME IN 20, LATE 2022, I WANNA SAY.
YES, IT HAD TO BE, AND THEN OF COURSE THE BOTTLENECK.
AND THEN, UM, I WOULD IMAGINE IF SOMEBODY'S NOT PAYING, THEN THEY DON'T WANT YOU TO GO INSIDE EITHER
UM, SO I DO BELIEVE THAT A LOT OF IT WAS DUE TO WHAT WAS GOING ON IN THE ECONOMY AND AROUND THE PROPERTY ITSELF.
UM, DO WE HAVE ANY FURTHER COMMENTS, COMMISSIONER BENIGNO? UM, YES, AND I, AS RESPECTFULLY AS I COULD SAY THIS, I'M, I DON'T CONSIDER THE COST THAT THE CITY INCURS TO DO THE INSPECTIONS TO BE THE BASELINE FOR WHAT WE SHOULD CONSIDER THE FINES TO BE.
I DON'T THINK ANY OTHER CITY DEPARTMENT RUNS IN A MANNER WHERE A NET ZERO COST IS EXPECTED TO BE INCURRED BY THE OPERATIONS OF THAT CITY DEPARTMENT.
I THINK IT'S UNDERSTOOD THAT ALL CIVIL DEPARTMENTS OPERATE ESSENTIALLY AT A LOSS ON BEHALF OF THE BENEFIT OF THE CITIZENS.
AND SO, UH, JUST DOING A TALLY ON HOW MUCH LABOR AND ENFORCEMENT WENT INTO, UM, DOING THIS DOESN'T SEEM TO BE THE MOST FAIR WAY TO GO ABOUT COMING UP WITH A BASELINE FOR THE TOTAL FINE, I THINK WE SHOULD JUST CONSIDER WHAT WE CONSIDER TO BE JUST, UM, TO THE PROPERTY OWNERSHIP AND THEN LET THE CHIPS FALL WHERE THEY MAY OKAY.
UH, SO THAT'S MY OPINION ON THAT BASELINE MATTER, AND WITH THAT, I WOULD SUPPORT A MOTION TO ELIMINATE THESE FINES COMPLETELY.
UM, WE HAVE
AND IT'S NOT MEANT TO BE A BASELINE.
WE DON'T WANT IT RUBBER STAMPED EVERY TIME, BUT I THINK IT IS HELPFUL FOR YOU TO KNOW THAT TIME, EFFORT, AND ENERGY DOES GO INTO THIS, AND WE ARE STRONGLY AGAINST ZEROING THESE OUT BECAUSE NOT ONLY BECAUSE OF THE TIME AND EFFORT AND ENERGY WE HAVE IN IT, BUT ALSO, YOU KNOW, AS MR. BARAND HAD SAID BEFORE, UH, HE HAS OTHER VIOLATIONS OVER THERE AND WE'D BE CONCERNED IF YOU ZERO THESE OUT, THEY'RE GONNA, YOU KNOW, KNOW THAT THEY CAN GO A LONG TIME WITHOUT HAVING TO FIX THE NEW ONES.
SO IT MIGHT DEFEAT THE PURPOSE OF THE WHOLE CODE DEPARTMENT IF WE JUST WIPE EVERYTHING OUT ALL THE TIME.
UM, THE PUBLIC PART OF THE HEARING IS CLOSED.
I'M SORRY, BUT YOU MIGHT HAVE QUESTIONS COMING TO YOU, COMMISSIONER CAMPBELL.
SO I, I WAS JUST GOING TO SUGGEST THAT IN A SITUATION LIKE THIS, RIGHT, IT SEEMS LIKE EVERYONE IS IN AGREEMENT ON THE COMMISSION THAT THERE SHOULD BE SUBSTANTIAL FINE REDUCTION.
UM, I MEAN, YOU KNOW, I, I'M NOT 100% SURE, BUT IT SOUNDS LIKE EVERYONE'S IN AGREEMENT ON THAT.
SO, YOU KNOW, CERTAINLY IF WE WANT TO, UH, MAKE THE PROPERTY OWNERS ASSUME THE KIND OF ADMINISTRATIVE COSTS, THEN I WOULD JUST POINT US TO THE $7,682 NUMBER THAT'S IN OUR PACKET.
BUT I, I WOULD ALSO JUST LIKE TO SAY, AND IT SPEAKS IN PART TO COMMISSIONER BI BENOS POINT, UM, AND, AND, AND TO DIVISION MANAGER MORE IS, YOU KNOW, THIS CASE SEEMS TO HAVE CERTAIN MORE EXCEPTIONAL QUALITIES.
UM, I THINK THAT IN THE PAST WHEN WE'VE HAD THESE KIND
[03:00:01]
OF FINE REDUCTION, UH, CASES, WE'VE OFTENTIMES PUT THEM DOWN TO, YOU KNOW, 10% OR SIMILAR NUMBERS THAT WE SEE AS KIND OF FAIR AND REASONABLE GIVEN THE CULPABILITY OF THE OWNERS, BUT STILL KIND OF, UH, YOU KNOW, GIVING SOME DEBT FORGIVENESS.I, I, I THINK THAT IN JUST LIGHT OF THIS, WHERE IT SEEMS LIKE FOR SO MUCH OF THIS PERIOD, THE PROPERTY OWNERS REALLY COULDN'T DO ANYTHING.
I, I, I THINK THERE'S JUST SOME EXCEPTIONAL QUALITIES HERE THAT I THINK JUSTIFY, UM, PERHAPS GIVING FULL FORGIVENESS AS OPPOSED TO, UH, A PARTIAL REDUCTION BE.
BECAUSE AGAIN, I DO THINK THAT IN THE PAST WE'VE GIVEN A LOT MORE PARTIAL REDUCTIONS, BUT FAIR ENOUGH.
UM, I'LL ENTERTAIN MOTIONS, BUT GO AHEAD.
COMMISSIONER OGA, I THINK BOTH TO COMMISSIONER BONGO'S POINT AND DIVISION MANAGER MORRIS, I THINK MAYBE A, AN ALTERNATIVE FRAMEWORK TO HOW WE CAN THINK ABOUT IT IS, AND UM, THE FIRST, YOU KNOW, YEAR AND A HALF I THINK WAS A BIT OF A CRAPSHOOT AND WE CAN MAYBE SAY LIKE, LET'S NULLIFY THAT.
AND I, I WOULD PROPOSE HOW INSTEAD LOOK AT THE TIME PERIOD BETWEEN WHEN THE FIRST WAVE OF EVICTIONS WERE FULLY COMPLETED JANUARY, 2023, AND WHEN THEY CAME INTO COMPLIANCE, WHICH WAS APRIL OF 2023, BY JUNE OF 2023, THEY WERE IN COMPLIANCE ON ALL OF THEM.
AND SO I, I WOULD PROPOSE SORT OF IN LIGHT OF THAT AND IN, IN TRYING TO REFLECT THE TIME PERIOD THAT WAS SORT OF SPENT BECAUSE THEY SHOULD HAVE BEEN READY TO HIT THE GROUND RUNNING, I MEAN, AFTER THE TWO YEARS OF KNOWING WHAT WAS GOING ON.
SO I WOULD MOVE TO ADOPT, UH, STAFFS PROPOSED FINDINGS AND CONCLUSIONS OF LAW.
AND I WOULD, SORRY, THIS IS A DIFFERENT THING.
I, I WOULD PROPOSE FOR US TO, I WOULD MOTION FOR US TO UM, UM, MODIFY THE ACCRUED PENALTIES TO REFLECT A THREE MONTH TIME PERIOD OF VIOLATIONS TO, UM, BASED ON A THOUSAND DOLLARS PER WEEK OF, UM, UM, OF, UH, ACCRUAL, UM, TO LET'S SAY 11,000.
UM, TOTAL VIOLATIONS, ASSUMING LIKE A THREE AND A HALF WEEK, UH, TIME PERIOD.
UH, I'M HAPPY TO ENTERTAIN MOTIONS, BUT THAT WOULD BE WHAT I WOULD PUT FORWARD.
SO, UM, JUST TO BE FAIR, THEY WERE IN COMPLIANCE ON ONE UNIT, I BELIEVE IN MAY OF 2023 AND THEN THE OTHER ONE IN APRIL OF 2023, AND THEN THE LAST ONE IN JUNE OF 2023.
SO YEAH, THERE IS A LITTLE BIT OF A GAP.
I JUST WANTED TO HAVE SOMETHING, I GUESS WOULD YOU WANT SOMETHING CLOSER TO 15,000 OR WHAT WOULD BE YOUR TARGET? I'M PERSONALLY VERY AGREE.
I'M LEANING TOWARDS THE 7,000 SIX HUNDRED AND EIGHTY TWO OH ONE.
UM, BECAUSE THEY DID MOVE WITH, TO ME LIGHTNING SPEED IN SOME WAYS
BUT I, I GUESS MY CONCERN, I WOULD, I WOULD LOVE IF WHAT ARE THE FIND WE END UP CHOOSING IS REFLECTIVE OF OVERALL TIME, BUT COMMISSIONER FRANCISCO.
COMMISSIONER FRANCIS, GO AHEAD.
WHEN YOU'RE AN INVESTOR AND YOU INVEST, YOU TAKE THE RISK AND I, REAL ESTATE INVESTMENT IS MY WORLD AND SOMETIMES THEY'RE GOOD, SOMETIMES THEY'RE NOT.
THIS IS A REPEAT OFFENDER PROGRAM.
I THINK OUR APPROACH IN THE PAST HAS BEEN ARBITRARY AND SOMEWHAT CAPRICIOUS AND I THINK THIS BRINGS SOME SANITY TO THE INSANITY OF HOW WE APPROACH SOME OF THOSE SORT OF THINGS.
AND I DON'T MEAN THAT IN A DEROGATORY WAY, JUST, JUST WORD ARBITRARY PERCENTAGES PULLED OUT OF HOW WE THOUGHT WAS FAIR, WHICH IS SUBJECTIVE.
THIS ACTUALLY BRINGS SOME METHODOLOGY TO THAT PROCESS.
SO MY MOTION IS THAT WE MAKE THE ADJUSTMENT TO 7,682 AND ZERO ONE.
UM, SO EVERYBODY UNDERSTOOD THE MOTION? COMMISSIONER
SO THAT WOULD BE THE TOTAL FOR THE ENTIRE PROPERTY, NOT PER UNIT OR PER, THERE'S THREE SEPARATE NUMBERS.
I JUST WANNA MAKE SURE WE'RE TALKING ABOUT THE TOTAL FINE.
AND THAT IT'S CLEAR IT'S THE TOTAL FINE FOR ALL THREE CASES.
YEAH, BECAUSE IT'S ONE PROPERTY, RIGHT JOSEPH? SO I MEAN IF THINK IF IT WAS THREE DIFFERENT UNITS PROPERTIES AND THEY WERE SCATTERED, THAT WOULD, THE PERSPECTIVE WOULD BE DIFFERENT.
BUT UH, JUST TO MAKE SURE I'M CLEAR TO THE COMMISSION IS IT IS TO REDUCE THE ENTIRE FINE DOWN TO THAT AMOUNT.
UM, WE HAVE A SECOND AS WELL, SO I'LL CALL THE VOTE AND JUST SEE WHERE EVERYBODY IS.
OH, COMMISSIONER SHUGAR THEN, I MEAN WE'RE GONNA TAKE A VOTE ON IT ANYWAYS, BUT I WOULD PROBABLY BE MORE AMENABLE TO, UH, COMMISSIONER OLUGOS FINE AMOUNT AROUND 15,000 ASSUMING THOSE THREE MONTHS, UH, FINE ACCRUAL OVER THAT TIME.
BUT WE'LL TAKE A VOTE AND GO THROUGH AND SEE WHAT HAPPENS.
OKAY, LET'S TRY COMMISSIONER CAMPBELL.
COMMISSIONER FRANCIS? AYE I'M IN FAVOR COMMISSIONER
[03:05:01]
SUGAR ALL NIGHT AT THAT, UH, I'LL SAY AYE.SO WE HAVE A DECISION WHICH IS, YOU MIGHT NOT LOVE THE DECISION, BUT IT'S A LOT BETTER THAN 271,000.
SO THANK YOU SO MUCH FOR BEING HERE AND YOU WILL GET A COPY OF THIS.
YOU UNDERSTOOD WHAT HAPPENED? THE, OH SORRY, CAN YOU REPEAT THE FINAL? OKAY, IT'S $7,682 AND 1 CENT AND THERE'S A TIMEFRAME THAT I THINK, UM, WE NEEDED TO MENTION.
DO WE HAVE TO REDO THIS? CAN WE, FOR THE PAYMENT? SORRY, WE HAVE TO READ.
YES, I, I WOULD, I WOULD RECOMMEND THAT WE REDO THAT WE REDO THE, THE MOTION TO INCLUDE THE TIME LIMIT.
CAN WE ASK FOR, UH, IT'S HERE, LITTLE EXTENSION OR REMAKE THE MOTION.
MR. CANELA, YOU HAVE SOMETHING ELSE? JAY? I CAN, WE, I HOPE I'M NOT SPEAKING OUTTA CHAIR, BUT I UM, WE DON'T HAVE ANY OBJECTION TO EXTENDING THE TIME EITHER.
SO I WILL ASK A QUESTION OF THE OWNERS.
UM, NORMALLY PEOPLE HAVE TO PAY WITHIN 30 DAYS, BUT JUST SEEING WHAT YOU'VE BEEN GOING THROUGH, UM, WHAT KIND OF TIMEFRAME DO YOU THINK MIGHT BE BEST IN YOUR SITUATION? I MEAN, WE HAVE TO SPEND ANOTHER $40,000 OR SO TO GET THE UNITS TO GET RENTS COMING IN.
HUH? ABOUT SIX MONTHS WOULD BE APPRECIATIVE.
UH, COMMISSIONER FRANCIS, WHAT DO YOU THINK COUNSEL? I THINK WE HAVE 90 DAYS, RIGHT? OKAY.
BUT THE PAYMENT OF THE, THE PENALTIES YOU FOUND IT? I CAN, TIM, I DON'T THINK THAT ONE'S RESTRICTED TO 90 DAYS 'CAUSE THAT'S JUST A BUT BUT INTEREST WOULD BE ACCRUING JUST FYI, RIGHT.
I'M SEEING EVERYTHING IN TWO 14 HAS TO DO WITH TIME TO COMPLETE A WORK ORDER OR TIME TO COMPLETE ANY KIND OF WORK, BUT THERE'S NOTHING AS FAR AS THE, YOU KNOW, THE CIVIL PENALTY AMOUNT.
OKAY, WELL THEN WE CAN, SO IT'S TOTALLY UP TO YOU AND, UM, BUT INTEREST WILL ACCRUE YOU COULD ALSO, WE COULD ALSO STOP THE INTEREST FROM ACCRUING NO, IT'S UP TO US.
OH NO, THAT'S FROM THE PREVIOUS ORDER.
SO YOU ONLY HAVE CONTROL OVER THE AMOUNT AND THE TIMEFRAME FOR PAYMENT.
SO I, I MOVE TO ADOPT THE FINDINGS OF FACT INCLUDED LAW ORDER THE FOLLOWING, THAT THE FINES BE REDUCED TO A TOTAL OF 7,682 AND A PENNY AND THAT THE CIVIL PENALTY AMOUNTS REDUCED.
ALLOW SIX MONTHS THE DATE OF THE ORDER.
I HAVE A SECOND ON THE 181ST DAY I WAS GONNA SAY, SO IT WOULD BE A HUN ALLOW 180 DAYS FROM THE DATE OF THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AND THEN ON THE 181ST DAY, THANK YOU FOR DOING THAT.
I WAS TRYING TO CLICK THAT OFF.
SO CIVIL PENALTIES THAT ALLOW UH, 180 DAYS FROM THE 30 DAYS AND THEN SECTION THREE MODIFIED FROM 31ST DAY TO THE HUNDRED 81ST DAY.
I'LL SECOND THE MOTION AS AMENDED OR CLARIFIED.
I'M NOT SURE BUT UM, I'LL SECOND THE MOTION.
IT'S A NEW MOTION NOW WE'LL GO AROUND AGAIN.
COMMISSIONER CAMPBELL, HOW DO YOU VOTE? AYE COMM NOW ST.
I WILL NOTE THAT THIS DOESN'T FEEL PROPORTIONAL, BUT I'LL SAY AYE.
AYE I THINK, AYE I'M IN FAVOR.
UH, THE ORDER WILL STILL, THE MOTION WOULD CARRY AND THE ORDER WILL BE MAILED OUT AND THEN YOU'LL HAVE 60 DAYS FROM THE DATE THAT YOU RECEIVE IT.
I MEAN SIX MONTHS, SIX, I MEAN A HUNDRED NOT 60 DAYS, SIX MONTHS.
[03:10:01]
THANK YOU INSPECTOR VERDA AND UM, GOOD LUCK WITH EVERYTHING.
[3. Case Number: CL 2024-004525 and CL 2024-004523]
I JUST WANNA POINT OUT THAT IT IS, UH, CURRENTLY 9 48.UM, WE DO HAVE ONE OTHER PROPERTY TO HEAR.
IT'S, UH, TWO CASES THAT WILL BE HEARD CONCURRENTLY.
DO YOU WANT TO TAKE THAT ON OR? YEAH.
NOBODY'S HERE FOR THAT CASE, CORRECT? FOR THAT PROPERTY, CORRECT.
YEAH, I MOVE THAT WE ACCEPT THE FINDINGS OF FACT I ITEM NUMBER THREE ON THE AGENDA IS REGARDING A COMMERCIAL PROP, COMMERCIAL MULTIFAMILY PROPERTY.
CURRENTLY ENROLLED IN THE REPEATER FRIENDLY PROGRAM AND LOCATED AT 23 0 1 BEARWOOD STREET AND IS LOCALLY KNOWN AS LUCERO APARTMENT HOMES.
TONIGHT WE'LL BE, WE WILL BE ADDRESSING TWO BUILDINGS CONSISTING OF TWO INDIVIDUAL CASES.
THE CASE NUMBERS ARE AS FOLLOWS, CL 2 24 4 5 2 5 IS REGARDING THE EXTERIOR OF BUILDING THREE CL 20 24 4 5 2 3 IS REGARDING THE EXTERIOR OF BUILDING FOUR STAFF EXHIBITS CAN BE FOUND IN THE GOLDENROD BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
THIS COMMERCIAL MULTIFAMILY PROPERTY IS IN THE REPEAT OFFENDER PROGRAM AND CONSISTS OF FOUR BUILDINGS AND 173 UNITS.
WE ARE ADDRESSING TWO CASES REGARDING THE EXTERIOR OF TWO OF THE BUILDINGS.
A PLAN REVIEW AND BUILDING PERMITS HAVE BEEN INITIATED FOR OTHER REPAIRS AT THIS PROPERTY, BUT NONE THAT ADDRESS THE DEFICIENCIES BEING BROUGHT FORTH TODAY.
THE STRUCTURES ARE CONSIDERED SUBSTANDARD AND UNSAFE WITH HAZARDOUS CONDITIONS IN YOUR GO GOOGLE DRIVE FOLDER OR READERS, YOU WILL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES.
EXHIBIT SIX WHICH CONSISTS, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING, PROOFS OF MAILING AND POSTINGS AND EXHIBITS SEVEN AND EIGHT, EXCUSE ME, SEVEN AND NINE WHICH CONTAIN THE COMPLAINT COMPLAINTS AND CASE HISTORIES AND THE REQUIRED NOTICES OF VIOLATION AND PROOFS OF MAILING AND EXHIBITS EIGHT A THROUGH 10 L WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
CODE INSPECTOR ERIC DEN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.
ALSO, UH, GO AHEAD INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
I'M ERIC FINN WITH THE DEVELOPMENT SERVICES CODE DEPARTMENT.
THE PROPERTIES BEING BROUGHT BEFORE YOU TODAY ARE COMMERCIAL MULTIFAMILY STRUCTURES, OR, OR IS A CO MULTI, EXCUSE ME, COMMERCIAL MULTIFAMILY STRUCTURE KNOWN AS THE LUC REAL APARTMENTS ASSIGNED TO THE RITA P DEFENDER PROGRAM LOCATED AT 23 0 1 DERWOOD STREET.
THE TCA OWNER OF RECORD HAS BEEN IDENTIFIED AS, UH, 2013 TRAVIS OAKS CREEK LP.
ON OCTOBER THE 31ST OF 2023, I CONDUCTED AN INSPECTION AT BUILDING THREE.
ALSO ON NOVEMBER 1ST, 2023, I CONDUCTED AN INSPECTION AT, UH, BUILDING FOUR OF THIS PROPERTY DUE TO OBSERVATIONS OF WATER INTRUSION OR DAMAGE TO EXTERIOR LANDINGS OR WALKWAYS AND OTHER REPAIRS NOT COMPLETED.
I CONDUCTED FOLLOW-UP INSPECTIONS AT THESE BUILDINGS ON FEBRUARY THE 13TH OF 2024 AND OBSERVED THAT THE CODE VIOLATIONS HAVE NOT BEEN REPAIRED OR CORRECTED THROUGHOUT THIS APARTMENT COMPLEX.
I WILL NOW START MY PRESENTATION ON THIS PROPERTY.
EXHIBIT EIGHT A ALPHA OR EIGHT A IS JUST A CONTEXTUAL VIEW OF THE ENTRANCE OF DELUCA RIO APARTMENTS FROM THE REAR OFF OF THE UH, WILSON STREET.
NEXT EXHIBIT EXHIBIT EIGHT B IS JUST A CON CLOSER VIEW OF BUILDING THREE, LABELING THE BUILDING, UH, WITH THE APARTMENT UNITS NUMBERS ON IT TAKEN ON FEBRUARY THE 13TH OF 2024.
NEXT EXHIBIT EXHIBIT EIGHT C IS JUST A CONTEXTUAL VIEW OF BOTH BUILDINGS OF THE TWO BUILDINGS, UH, THAT MAKE UP BUILDING THREE, UH, THEY ARE PAINTED YELLOW AND WHITE AND ORANGE AND RIGHT IN COLOR.
NEXT EXHIBIT, EXHIBIT EIGHT D IS JUST A CLOSEUP VIEW TO THE BOTTOM OF ONE OF THE LANDINGS AT BUILDING THREE WITH DETERIORATION TO
[03:15:01]
THE EXTERIOR CEILING SOFFIT DUE TO WATER INTRUSION.NEXT EXHIBIT EXHIBIT EIGHT E IS A CONTEXTUAL VIEW OF A HALLWAY DOOR WITH HARDWARE MISSING TOWARDS THE MIDDLE AND THE UPPER LEFT THAT IS NOT PROPERLY ATTACHED.
NEXT EXHIBIT EXHIBIT EIGHT F IS JUST A CLOSER VIEW OF A PUSH BAR TO THE UPPER PORTION OF THAT DOOR THAT IS NOT PROPERLY ATTACHED TO, UH, ANY OTHER BARS OR THE EXTERIOR WALL AT THAT LOCATION.
NEXT EXHIBIT EXHIBIT EIGHT G IS A CLOSER VIEW OF AN EXTERIOR CEILING SOFFIT THAT IS EXPOSED, UH, DUE TO WATER INTRUSION FROM THE CEILING IN THAT AREA.
NEXT EXHIBIT, EXHIBIT HHH IS JUST A CLOSEUP VIEW OF THE SAME AREA.
UH, JUST NOTING THE TRUSSES, UM, WITH DAMAGE, UH, IN THAT AREA WITH THE EXPOSURE, UH, AND THE, UM, INSTALLATION HAS FALLEN OUT.
NEXT EXHIBIT EXHIBIT EIGHT I IS JUST A CLOSER VIEW OF THE TRUSSES, UH, SHOWING THE, UH, DAMAGE TO THE WOOD IN THAT AREA.
NEXT EXHIBIT, EXHIBIT EIGHT J SHOWS THAT WATER HAS PULLED, UH, ON THE SIDEWALK TO THE WALKWAY IN THAT AREA BY UNIT 3 5 0 0 AND YOU CAN SEE THE INSULATION LAYING ON THE GROUND OR, OR AT THE SIDEWALK OF THAT WALKWAY.
NEXT EXHIBIT, WE'LL NOW MOVE FORWARD TO BUILDING FOUR.
EXHIBIT 10 A IS AGAIN, THAT'S JUST A CONTEXTUAL VIEW OF THE REAR SIDE OF THE RIO APARTMENTS FROM WILSON STREET.
NEXT EXHIBIT, EXHIBIT 10 B IS JUST A, UH, CONTEXTUAL VIEW OF THE SIDE OF BUILDING FOUR, UH, NEAR BUILDING, EXCUSE ME, NEAR, NEAR UNIT 4 35, CORRECTION UNIT 43 10 LOCATED ON THE SECOND FLOOR.
UH, YOU WILL NOTE THAT ON THAT TOP FLOOR THERE, THERE'S JUST SOME, UH, DETERIORATION OR NOT DETERIORATION, RUNOFF FROM PREVIOUS RAIN, UH, IN THAT LOCATION AND A WINDOW SCREEN THAT IS PARTIALLY UH, ATTACHED TO THE WINDOW.
NEXT EXHIBIT EXHIBIT 10 C IS A CLOSEUP VIEW OF THE CEILING IN FRONT OF, UH, UNIT 43 10, UH, JUST SHOWING THE DETERIORATION OR DISCOLORATION OF THE EXTERIOR CEILING SOFFIT AT THAT, THAT LOCATION DUE TO WATER INTRUSION.
THIS IS THE HALLWAY RIGHT BEFORE UNIT 43 10.
AGAIN YOU'LL NOTE DETERIORATION OR DISCOLORATION TO THE EXTERIOR CEILING SOFFIT.
NEXT EXHIBIT, EXHIBIT 10 E IS, UH, CLOSER TO THE STAIRCASE.
AGAIN, THERE IS DETERIORATION AND DISCOLORATION TO THE EXTERIOR CEILING SOFFIT DUE TO WATER INTRUSION.
NEXT EXHIBIT, EXHIBIT 10 F IS A VIEW OF THE UNDER OUTER SIDE OF THAT LANDING RATHER, UH, JUST SHOWING RUNOFF FROM, UH, WATER OR OTHER DEBRIS THAT HAS BEEN LEFT ON THE TOP SIDE OF THE WALK.
WALKWAY THERE THAT HAS BEEN WASHED DOWN.
NEXT EXHIBIT, EXHIBIT 10 G UH, THERE'S DETERIORATION TO THE CEILING SOFFIT AT THE TOP OF THAT PILLAR THERE AND ALSO THERE'S A CRACK RUNNING DOWN THE MIDDLE, MIDDLE OF THAT PILLAR RATHER PAINTED GREEN AND WHITE.
NEXT EXHIBIT, EXHIBIT 10 H IS JUST A CONTEXTUAL VIEW, AGAIN, SHOWING THAT THE EXTERIOR CEILING SOFFIT IS EXPOSED AND THERE'S DAMAGE TO THE TRUSSES AND OTHER MATERIALS, UH, IN THAT, AT THAT LOCATION.
NEXT EXHIBIT, EXHIBIT 10 I IS JUST A CLOSEUP VIEW OF BUBBLING OR PEELING PAINT, UH, NEAR UNIT 4, 4 0 7 AT THIS PROPERTY.
AGAIN, THIS IS DUE TO WATER INTRUSION.
NEXT EXHIBIT, EXHIBIT 10 J IS THE HALLWAY IN FRONT OF FOUR, UNIT 4, 4, 0, 9, SHOWING, UH, MORE WATER, UH, EXCUSE ME, SHOWING MORE DETERIORATION RATHER, AND OR DISCOLORATION TO THE EXTERIOR CEILING SOFFIT DUE TO WATER INTRUSION.
NEXT EXHIBIT, EXHIBIT 10 K IS A CONTEXTUAL VIEW OF THE EXTERIOR, UM, H V'S.
AND YOU WILL NOTE THAT THE CONDUENT IS NOT, UH, COMPLETELY
[03:20:01]
ATTACHED.UM, YOU'LL NOTE THAT, UH, PART OF IT IS THE YELLOW PART THAT IT'S SHOWING IS THE ELECTRICAL WIRE AND THE CONDUIT IS ACTUALLY SLIDING DOWN, YOU KNOW, THEREFORE THE, THE CONDUIT IS NOT DOING ITS JOB OF, YOU KNOW, PROTECTING THE ELECTRICAL WIRES.
NEXT EXHIBIT, UH, EXHIBIT 10 L IS JUST A CLOSEUP VIEW OF HARDWARE TO THE DOOR.
UH, THESE DOUBLE DOORS DOWN FROM UNIT 4, 5, 0, 0, THEY'RE NOT PROPERLY ATTACHED.
AND THIS IS A, JUST AN EXAMPLE OF ITEMS THAT HAVE NOT BEEN REPAIRED, UM, SINCE THE INITIAL INSPECTION AND MONTHS.
UH, THIS CONCLUDES MY PRESENTATION.
P PENDING YOUR QUESTIONS, MADAM CHAIR.
UM, I HAVE, I HAVE JUST COVERED COMMENTS REAL QUICK.
YEAH, YOU BETTER, YOU BETTER, UH, VOTE TO EXTEND IT.
WE WOULD HAVE TO EXTEND THE TIME.
UM, UNLESS WE HAVE ANYBODY THAT HAS TO GO, BUT NO.
MADAM CHAIR, I MAKE A MOTION TO EXTEND THE MEETING.
UM, ANYBODY OPPOSED TO EXTENDING FOR 10 MINUTES? COMMISSIONER BENIGNO.
I DON'T KNOW IF HE'S STILL THERE, UH, WHERE I'M NOT.
IT'S EXTENDED FOR 10 TILL 10 10.
JUST, UH, BRIEFLY, UH, DIVISION MANAGER MATTHEW NORIEGA, REPEAT OFFENDER PROGRAM.
THIS IS A PROPERTY THEY MAY BE FAMILIAR WITH.
WE BROUGHT IT BACK, WE BROUGHT IT LAST YEAR FOR BUILDINGS ONE AND TWO.
THE SAME THING IS OCCURRING FOR BUILDINGS THREE AND FOUR.
UH, THERE'S UNSAFE CONDITIONS.
WE'RE LOOKING TO SEE IF ENGINEERS CAN TAKE A LOOK AT THE, THE WALKWAYS, THE TRUSSES, JUST THE, THE UNSAFE CONDITIONS THAT, UH, ARE EXISTING AT THIS PROPERTY.
SO IT'S JUST NOT THIS, THESE TWO BUILDINGS, IT WAS ONE AND TWO.
SO THE ENTIRE COMPLEX IS NOW IS AFFECTED NOW.
LET ME, CAN I JUST, UH, GET SOMETHING ON THE RECORD REAL QUICK? UH, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD AND UNSAFE WITH HAZARDOUS CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBITS SIX THROUGH 10 L CONSISTING OF EXHIBITS SIX, SEVEN, AND NINE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND EXHIBITS MARKED AS EXHIBIT AS EIGHT A THROUGH EIGHT J AND 10 A THROUGH 10 L, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.
ALSO, CHAIR, BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST BECAUSE THE TWO ORDERS ARE ESSENTIALLY THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING TWO SEPARATE ORDERS.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND IN BOTH CASES, ORDER THE ORDER THE OWNER TO COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL CITED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND, AND IDENTIFIED IN THE ORDER OF THE BUILDING AND SCATTERS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS, INSPECTION 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, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS, BY THESE ORDERS ARE COMPLETE INTEREST SHALL ACCRUE RATE A 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, I WILL GO AHEAD AND WORK ON THE EXHIBITS, BUT I HAVE A, I HAVE, I HAVE AN OBSERVATION FOR EXHIBIT SIX.
WE HAVE THE OTHER PROPERTIES, CENTRAL APPRAISAL DISTRICT DOCUMENT IN THERE.
SO IS THIS SOMETHING YOU CAN SWITCH OUT BEFORE I ADMIT EXHIBIT SIX
YOU'RE DUE TO FINISH UP HERE, BUT YOU HAVE IT, YOU HAVE SEVEN MINUTES.
SO, UM, IF YOU REMEMBER TO SWITCH THAT OUT BECAUSE IT'S, UM, IT SHOULD BE PART OF SIX.
SO I'LL GO AHEAD AND EXHIBIT AND ADMIT EXHIBIT SIX WITH THAT MODIFICATION.
AND THEN I ADMIT EXHIBIT SEVEN
[03:25:01]
AND EXHIBITS EIGHT A THROUGH EIGHT J, WHICH ARE PHOTOGRAPHS AND EXHIBIT NINE AS WELL AS EXHIBITS 10 A THROUGH 10 L.UM, IS THERE ANYBODY HERE FOR 2301? 2301 DIRTWOOD STREET? NOBODY.
SO COMMISSIONER CAMPBELL, I'D LIKE TO MOTION TO CLOSE THE PUBLIC PART OF THIS HEARING.
IS EVERYBODY FINE WITH CLOSING PUBLIC HEARING? EVERYBODY'S FINE.
ANY COMMENTS OR MOTIONS? COMMISSIONER FRANCIS CHAIR, I HAVE QUESTION FOR, UH, STAFF.
WAS THERE ANY PROGRESS MADE ON THOSE OTHER BUILDINGS ON THE WATER INTRUSION ISSUES? JUST A QUICK, WE'RE GONNA RUN OUTTA TIME.
THERE WAS THIS, THIS WEEK, MONDAY THEY GOT AN APPROVED, UH, BUILDING PERMIT TO START WORK ON BUILDING ONE.
HOWEVER, THEY, THEY WERE WORKING TUESDAY, BUT SINCE TUESDAY I HAVEN'T SEEN ANY CONTINUED WORK, UH, FOR BUILDING ONE.
SO YOU HAVE SEEN PROGRESS IN THAT REGARD? UM, NOT WELL.
THEY JUST, THEY JUST STARTED SO I, I WOULD SAY NO, BUT
WHEN OWNERS DON'T SHOW FOR THESE MEETINGS, IT'S ARROGANCE.
WE NEED TO GET SOMEBODY'S ATTENTION.
OH, SO TECHNICALLY UNDER THE LAW, THE WAY THAT THE FINE AMOUNTS WORK, JUST JUST TO BE CLEAR, COMMISSIONER FRANCIS ABOUT ADD A ZERO TO FOR, I BELIEVE IT'S A, AND I I WILL GET THIS MEMORIZED AT SOME POINT.
I PROMISE THESE PICTURES ARE ALARMING.
EIGHT H 8 1 8 J THIS REMINDS ME OF I'M EXTREMELY ALARMED.
THIS REMINDS ME OF THAT BERG BUILDING THAT COLLAPSED LIKE 10 YEARS AGO OR SO.
I BELIEVE THE MAXIMUM PENALTY IS A THOUSAND A DAY PER VIOLATION, MIKE.
IT'S A, IT'S A THOUSAND DOLLARS A DAY PER VIOLATION.
UH, MOVE TO, UM, ADOPT THE PROPOSED FINDINGS OF FACT INCLUSIONS LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING AS NOTED FROM STAFF IN ITEMS ONE AND TWO.
SO ARE YOU GONNA MAKE ANY AMENDMENTS OR NO? YOU SAID WE WERE CAPPED AT A THOUSAND, SO NO, A THOUSAND A DAY.
IT'S DOLLARS PER DAY PER VIOLATION.
SO WE COULD GO UP TO $7,000 A WEEK.
SO PER DAY WAIT, A THOUSAND DOLLARS PER DAY PER VIOLATION.
SO, SO CHANGED A THOUSAND DOLLARS A DAY PER VIOLATION.
SO WE'RE JUST CHANGING THE, THE GROSS FINDING OF FACT AS WRITTEN IN ITEM ONE 90 DAYS WITH THE ADJUSTMENT IN 92 IN SECTION TWO FROM A THOUSAND PER WEEK TO A THOUSAND PER DAY PER VIOLATION.
DO WE HAVE A SECOND ON THAT MOTION? I'LL SECOND.
I'M GOING TO, UM, GO AROUND THE, THE ROOM 'CAUSE I DON'T, I DON'T HAVE ANY THOUGHTS.
AND I HOPE I DON'T SEE THIS IN THE NEWS IN A COUPLE WEEKS.
UM, I'M, I'M GOING TO GO WITH IT.
YOU WANNA ASK SOMETHING ELSE ERS KEEP IN MIND WE, THEY CAN COME BACK.
I JUST WANNA GET SOMEBODY'S ATTENTION.
I WANNA SEE ACTION OVER THERE AND I WANNA SEE IT QUICK AND HOPEFULLY THIS SENDS THE MESSAGE THAT WE'RE NOT GONNA FOOL AROUND WITH TENANT SAFETY.
IT'S NOT TO BE FOOL AROUND WITH YES, I'M A RELUCTANT YES.
BUT THE MOTION PASSES AND THEN 'CAUSE THERE ARE PEOPLE LIVING IN THAT BUILDING RIGHT NOW.
UM, SHOW UP TO THE NEXT ONE OR, RIGHT, RIGHT.
CHAIR BEFORE WE ADJOURN THERE ARE, THERE IS AN ADDITIONAL ITEM OF FUTURE AGENDA ITEMS. OH, WE ALREADY, THERE'S NOTHING ON THE FUTURE.
[FUTURE AGENDA ITEMS]
ON THE FUTURE AGENDA ITEMS? JUST THE, UM, APPEAL FROM FEBRUARY IS DUE TO COME BACK IN MARCH.AND AGAIN YOUR, YOUR MARCH MEETING IS UH, THE 27TH I BELIEVE MARCH 27TH.
SO WE WANT, IT'S COMING BACK ALREADY.
I THOUGHT WE DECIDED ON THAT THE LAST 20.
[03:30:04]
I THINK YOU HEARD IT IN JANUARY.IT'S YOU, YOU ASKED FOR IT TO COME BACK IN MARCH.
THAT'S ONE OF THE FUTURE AGENDA ITEMS THAT WORKS FOR US.
ANYTHING ELSE? OKAY, WE STILL HAVE TWO MINUTES, GUYS.
MADAM CHAIR, THAT'S, UH, 81 0 3 FORBES DALE.
THAT WAS THE, UH, NOTICE OF VIOLATION APPEAL.
THAT WAS CONTINUED TILL MARCH OF MARCH, UH, THE REGULAR MARCH MEETING.
LET'S, UM, LET THE RECORD REFLECT THAT THE MEETING IS ADJOURNED AT 10:09 PM THANK YOU EVERYONE.