[00:00:06]
[CALL TO ORDER ]
TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR MARCH 27TH, 2024, AND LET THE RECORD SHOW THAT THE TIME IS NOW 6:35 PM MY NAME IS SHADAY RE.I AM THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL THE ROLE AND ASK FOR THE COMMISSION MEMBERS THAT ARE PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU'RE HERE.
AND A REMINDER TO OUR COMMISSIONERS THAT ARE REMOTING IN, PLEASE TURN IN YOUR CAMERA AT ALL TIMES AND KEEP IT ON SO THAT WE CAN MAINTAIN QUORUM.
AND I MISSED, DID I MISS ANYONE ELSE? NO.
AND WE ALSO, I THINK WE'RE EXPECTING COMMISSIONER SIG TO, TO JOIN US SOON.
AND WE HAVE, DO WE HAVE THE FIRE MARSHAL HERE TONIGHT? I THINK HE'S TRYING.
[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 CASES ON THE POSTED AGENDA.
THIS COMMISSION, I MEAN, THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES AND ONE APPEAL.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF WE DEEM IT APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION CIVIL ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST, MELANIE ALI WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.
STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT AT THE PODIUM.
OR IF YOU'RE PARTICIPATING REMOTELY, PLEASE UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, YOU OR YOUR REPRESENTATIVE MAY THEN ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED.
YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WE'LL, OUR DESIGNATED TIMEKEEPER FOR THIS EVENING, PLEASE INTRODUCE YOURSELF.
UM, AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE OF WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER A RELEVANT, UH, TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, AFTER WHICH THE OWNER OR THE APPELLANT MISS SUMMARIZES OR HER CASE.
AND THIS WILL BE THREE MINUTES.
UM, AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON THE 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 BIND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED, WITNESSES WILL NOW TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION IN, ON 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 OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SAY, I DO.
IF THERE'S NOTHING ELSE, WE WILL PROCEED WITH THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING, THE FIRST ONE BEING THE MINUTES.
[APPROVAL OF MINUTES ]
MINUTES FROM FEBRUARY 28TH, 2024.[00:05:03]
COMMISSIONERS, HAVE YOU HAD A CHANCE TO REVIEW MADAM CHAIR? MOVE TO APPROVE THE MINUTES.WE HAVE A MOTION TO APPROVE THOSE MINUTES.
DO WE HAVE ANY CLARIFICATIONS IN IT OR ANY OBJECTIONS OR ANYTHING? NOPE.
AND WE'LL GO ON TO THE NEXT AGENDA.
[2. Case Number: CL 2023-128313 ]
THE AGENDA IS CASE NUMBER CL 20 23 1 2 8 3 1 3.AND IS REGARDING THE PROPERTY LOCATED AT 29 0 1 SWEENEY LANE, ALSO KNOWN AS MANOR ESTATES.
STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN MAY, 2022 AS THE RESULT OF A COMPLAINT.
THE SUBJECT STRUCTURE IS AN UNOCCUPIED, MULTI-FAMILY STRUCTURE WITH APPROXIMATELY 28 UNITS.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
THE PROPERTY IS LOCATED WHEN, WHEN WITHIN 1000 FEET OR LESS FROM A SCHOOL, A DAYCARE, AND A SENIOR CARE FACILITY.
CONDITIONS AT THE PROPERTY ARE CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
AND LASTLY, THE RECOMMENDED ORDER CODE INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE, AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
MS. INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
UH, MY NAME IS WILLIS ADAMS. I AM THE INVESTIGATOR FOR THE ESSENTIAL EAST TEAM OF DEVELOPMENTAL SERVICES, UH, ASSIGNED TO THIS CASE.
AS MELANIE JUST MENTIONED, THE CASE WAS CALLED IN ON INTO 3 1 1 ON MAY 21ST, 2022.
AND BEFORE WE PRESENT THE PHOTO SLIDES, LET ME, UH, GIVE YOU A BRIEF HISTORY, UH, OF THE CASE.
UH, THE FIRST INSPECTOR ON THE CASE WAS WITH OUR EXTENDED HOURS TEAM, UH, MR. THE INSPECTOR CHARLES EDWARDS.
HE CONDUCTED INITIAL INSPECTION ON JUNE 1ST, 2022.
AT THE PROPERTY, OBSERVED STRUCTURAL ISSUES WITH, UH, WINDOWS, BROKEN, DOORS DAMAGED, AND SOME, UH, TRASH AND DEBRIS.
UH, INSPECTOR EDWARDS WOULD CONTINUE FOLLOW UP, UH, CONDUCT FOLLOW UP INSPECTIONS UNTIL DECEMBER OF 2022.
AT THAT TIME, THE CASE WOULD BE, UH, SHARED WITH ONE OF HIS COWORKERS, UH, INSPECTOR JUAN AL, AND HE WOULD ALSO CONDUCT INSPECTIONS ALONG WITH, UH, INSPECTOR EDWARDS AT THE PROPERTY.
UH, INSPECTOR VA AL WOULD HAVE THE PROPERTY BOARDED AND SECURED IN JANUARY OF 2023.
PRIOR TO THAT, UH, DECEMBER OF 2022, THE NEW PROPERTY OWNER, THE CURRENT PROPERTY OWNER, PURCHASED THE PROPERTY.
HE ALSO ISSUED AN ADMINISTRATIVE CITATION FOR TRASH AND DEBRIS.
IN AUGUST OF 2023, THE CASE WOULD TRANSFER TO MY TEAM, THE CENTRAL EAST TEAM, AND OUR INSPECTOR AT THE TIME FOR PROBE WOULD HANDLE THE CASE UNTIL AUGUST OF 2023.
AT THAT TIME, I WOULD TAKE OVER THE CASE.
I ISSUED A NOTICE OF VIOLATION FOR VARIOUS VIOLATIONS AT THE SITE.
I OBSERVED, UH, FOR FENCE DAMAGE, EXTERIOR WALL DAMAGE, WINDOWS AND DOORS FRAMES, BUILDING SECURITY, ACCUMULATION OF TRASH, THE STRUCTURE BEING UNSAFE, UH, FOR HUMAN OCCUPANCY AS WELL.
UH, THE PHOTO SLIDES PRESENTED WILL SUPPORT THE VIOLATIONS I I DETAILED ON THE NOTICE OF VIOLATION.
WE CAN START WITH EXHIBIT TWO A.
THIS IS A CONTEXTUAL PHOTOGRAPH OF THE 25 UNIT APARTMENT.
AS YOU CAN SEE, THE TIME, THE TIME THAT PHOTO WAS TAKEN, THE OWNER HAD PUT A TEMPORARY FENCE AROUND THE PROPERTY.
THIS PROPERTY AT THAT TIME ALSO WAS UNOCCUPIED.
UH, NO OTHER, UM, I GUESS, UH, NO OTHER TYPE OF UTILITIES WERE OPERATING AT THAT PARTICULAR TIME.
UH, THIS SHOWS THE, I GUESS THAT'D BE THE EAST END OF THE PROPERTY.
AND YOU CAN SEE, UH, THE WINDOWS ARE BOARDED UP ON THAT END.
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TWO C.UH, THIS IS A CONTEXTUAL PICTURE FROM THE EAST END.
AGAIN, THIS IS A RECENT PHOTOGRAPH WHERE I WAS DOING A FOLLOW-UP INSPECTION, AND A LARGE PILE OF TRASH WAS ON THAT END OF THE PROPERTY.
APPARENTLY THERE WAS A FIRE SET.
I DID FIND OUT FROM ONE OF THE CITY FIRE MARSHALS THAT THEY DID NOT DISPATCH A FIRE ENGINE TO THAT, UH, LOCATION.
SO APPARENTLY THE RESIDENCE MUST HAVE PUT THE FIRE UP, THE FIRE OUT, FIRE OUT THAT LIVED IN THE, UH, NEARBY APARTMENTS.
UH, SLIDE 2D UH, THIS IS, UH, GOING TOWARD THE, UH, WEST END OF THE PROPERTY.
AS YOU CAN SEE, MORE BO UP WINDOWS, UH, AS WELL INDOORS.
UH, THIS PHOTOGRAPH IS ACTUALLY ON THE REAR OF THE PROPERTY TAKEN FROM AN ADJACENT RESTAURANT.
UH, I WANTED TO, UH, ILLUSTRATE THIS PHOTO.
THERE'S A WOOD ROT ABOVE THAT WINDOW.
THAT UPPER WINDOW IS ALSO BOARDED FROM THE INSIDE.
AND ALSO THERE'S A LARGE TREE THERE, WHICH WOULD ALLOW, UH, RODS, BIRDS, AND ANY OTHER CRITTERS TO ENTER THAT PROPERTY.
UH, THIS IS ON THE WEST END OF THE PROPERTY, AND THE IMPORTANCE OF THIS PHOTOGRAPH IS TO SHOW THE TRASH DEBRIS, THE DAMAGED, UH, EXTERIOR FENCE.
AND IF YOU CAN LOOK IN THE GRASS THERE, IT'S PRETTY HIGH.
BUT THERE IS A TRAIL THAT'S BEEN A PATH THAT'S BEEN WALKED, THEN BEEN CREATED BY PEOPLE ENTERING THE REAR OF THE PROPERTY AND USING THAT PATHWAY TO GET BACK TO BEHIND THE PROPERTY.
THIS IS A PHOTOGRAPH FROM THE MAINOR ROADSIDE.
UH, THERE'S A CAP METRO BUS STOP AT THAT LOCATION.
I THINK THE, UH, ROUTE NUMBER IS ROUTE 20.
UM, YOU CAN SEE THE DAMAGED FENCE AND PEOPLE, UH, WAITING FOR, UH, CAP METRO BUS.
THEY HAVE TO SIT AT THAT END OF THE PROPERTY, UH, ALL THE TIME.
UH, YOU CAN SEE THE BROKEN WINDOWS, UH, FROM THEIR PARKING LOT OF THE RESTAURANT.
TWO I OR TWO I, WHICHEVER NEXT SLIDE.
AGAIN, THIS IS FROM THE PARKING LOT, UH, OF THAT RESTAURANT.
UH, THE OWNER GAVE ME, UH, SOME AUTHORITY TO COME ON HIS PROPERTY AND TAKE THOSE PHOTOGRAPHS.
I'VE NEVER BEEN INSIDE THIS PROPERTY, SO I REALLY CAN'T GIVE YOU A DESCRIPTION OF WHAT THE INSIDE LOOKS.
ONLY FROM THE OUTSIDE, I CAN TELL YOU THE EXTERIOR.
ALL, MOST OF THE WINDOWS ARE BROKEN AND THOSE THAT AREN'T BROKEN ARE BOARDED UP.
AGAIN, THOSE ARE THE UPPER WINDOWS ARE BOARDED, AS WELL AS THE LOWER WINDOWS, AGAIN, SHOWING THE DAMAGE.
AND AGAIN, THIS IS, UH, ON THE WEST END OF THE BUILDING.
THERE'S ALSO A HOLE IN THE, UH, WALL OF THAT BUILDING.
UH, IT MAY HAVE BEEN THE AIR CONDITIONING VENT, UH, IN THAT SIDE, BUT THAT HOLE IS OPEN.
UH, I'M NOT SURE IF ANYBODY COULD REACH THOSE UPPER WINDOWS, BUT, UH, AGAIN, I DON'T KNOW.
I BELIEVE THAT CONCLUDES THE SLIDES.
UH, IF YOU BEAR WITH ME IN CONCLUSION, ALTHOUGH THE PROPERTY HAS BEEN POSTED WITH NO TRESPASSING SIGNS, IT'S FENCE, OVER THE LAST TWO YEARS AT THAT PROPERTY, THERE HAVE BEEN 184 POLICE CALLS FOR VARIOUS, UH, UH, INCIDENTS AT THAT PROPERTY.
WE'VE HAD OVER 59 CODE COMPLAINTS CALLED IN FOR THIS PROPERTY AS WELL.
AS MELANIE MENTIONED EARLIER, THERE'S A TWO EDUCATIONAL INSTITUTIONS WITHIN 300 FEET OF THIS PROPERTY.
THE AUSTIN ACHIEVED CHARTER SCHOOL AS WELL AS 300 FEET DOWN THE ROAD IS THE HAPPY KIDS DAYCARE.
UH, ANOTHER LOCATION, UH, ABOUT 200 FEET AWAY IS THE MAINOR HOUSE, WHICH IS A SENIOR CITIZENS' RESIDENCE.
UM, SO AGAIN, WE HAVE A, UH, DANGEROUS STRUCTURE, UH, WITHIN PROXIMITY OF EDUCATIONAL INSTITUTIONS, A RESTAURANT ACROSS THE STREET, UM, AND ONE RESTAURANT ON THE SIDE.
UH, THANK YOU COMMISSIONERS, AND I'M OPEN FOR ANY QUESTIONS THAT YOU HAVE AT THIS TIME.
BECAUSE OF, 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 ATTRACTIVE NUISANCE IS AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
[00:15:01]
THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FIND OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS BE CORRECT, ALL CITED VIOLATIONS TO THE COMMERCIAL MULTIFAMILY STRUCTURE, AND AS IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS, C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT, UM, STAFF'S EXHIBIT ONE AND EXHIBITS TWO A THROUGH 2K, WHICH ARE THE PHOTOGRAPHS, AND, UH, ALSO SEE THAT THE OWNER SUBMITTED AN EXHIBIT THAT CONTAINS SEVERAL DOCUMENTS.
SO I'LL GO AHEAD AND ADMIT THOSE AHEAD OF TIME.
NOW WE HAVE MR. AL HERE FOR THE OWNERS.
WOULD YOU LIKE TO GO UP TO THE PODIUM, PLEASE? AND DO WE ALSO HAVE MS. HUGHES HERE, MRS. HUGHES OR MR. SHE HAD SAID SHE MAY CALL IN, BUT I'M NOT SURE IF SHE'S ONLINE OR NOT.
I DO KNOW THAT THE OTHER GENTLEMAN THAT HAD SIGNED UP IS NOT HERE.
HE SAID HE WOULDN'T BE MAKING IT TO THE MEETING.
UM, MR. LE, LET US KNOW YOUR ROLE OR YOUR, IN WHAT CAPACITY YOU REPRESENT THE OWNER, AS WELL AS WHAT YOU WANT US TO KNOW TONIGHT ABOUT THIS PROPERTY.
CAN YOU PUSH THE BUTTON ON THE BOTTOM? MAKE SURE IT'S SHOWING OUT THERE? YEAH.
NO, I JUST, UM, SO I APOLOGIZE.
SHE'S THE OWNER AND I'M THE POTENTIAL BUYER.
AND, UM, WE GOT VERIFICATION FROM MS. ALLIE THAT I COULD SPEAK ON HER BEHALF.
UM, LONG STORY SHORT, HOW THIS STARTED.
I WAS BUYING THE 12, AND THIS IS ACTUALLY A 10 UNITS, NOT 28.
I DON'T, I DON'T KNOW WHERE THAT CAME FROM.
UM, I WAS, I, I WAS BUYING THE 12 UNIT RIGHT ACROSS THE STREET, AND I LOOKED ACROSS THE STREET AT HERS AND ASKED MY BROKER, I, I CAN'T DO THIS.
THIS IS GONNA PULL DOWN MY VALUE.
AND I SAID, WHO OWNS THIS? AND MY BROKER HAPPENED TO KNOW HER NAME, MS. PAULETTE HUGHES FROM FROM DALLAS.
I CALLED HER UP, PRECIOUS WOMAN.
SHE JUST SAID, ROMAN, I, I DON'T KNOW WHAT THESE PEOPLE FOUND ME ON ONLINE.
THEY TALKED ME INTO BUYING THIS PROPERTY SIDE UNSEEN IN THAT CONDITION FOR $1.4 MILLION.
SHE SAID, I HAD NO REPRESENTATION, HAD NOBODY ON MY SIDE, NOBODY.
AND I SAID, YOU'RE KIDDING ME.
SO SHE LET ME LOOK AT THE CONTRACT, AND I LOOKED AT THE APPRAISAL, AND THE MOMENT I SAW IT, I KNEW IT WAS FRAUD.
THEY VALUED, THEY, THE ONE I WAS BUYING WAS 12 UNITS, FULLY REMODELED, 1.7 MILLION.
HERS IS IN THIS CONDITION, APPRAISED AT 2 MILLION
I SAID, NO, THIS, THIS IS, THIS IS NOT GOOD.
AND SO I TEAMED UP WITH THEIR WA THERE'S A LAWSUIT, HONOR, WE'RE SUING THEM.
SO, UM, I MEAN, LONG STORY SHORT, I'M JUST WANT A CONTINUANCE TILL WE GET IT THROUGH LEGAL OR I DON'T KNOW.
WE'LL WALK AWAY, LET THEM DEAL WITH IT.
'CAUSE MS. PAULETTE CAN'T AFFORD A THOUSAND DOLLARS VIOLATION.
AND I DON'T OWN IT YET, SO I CAN'T BE FINE.
UH, THE INSIDE AREN IN BAD CONDITION, IT'S A, A COAT OF PAINT CABINETS.
THE, WE DO NEED NEW ELECTRICAL METERS EVERYWHERE THEY STOLE THOSE.
BUT YES, IT'S, UM, I'M CURIOUS THOUGH TO FIND OUT, WHEN DID Y'ALL FIND OUT IT WAS IN THIS CONDITION BECAUSE SHE BOUGHT IT IN THIS CONDITION? UM, THAT'S WHAT I'M CURIOUS.
HOW FAR DOES THIS, THESE VIOLATIONS GO BACK? UM, I'LL LET, UM, CODE INVESTIGATOR ADAMS ANSWER THAT.
I THINK IT WAS FROM MAY OF THE YEAR THAT SHE GOT IT.
AND SHE RE SHE ACQUIRED THE PROPERTY LATER ON IN THAT
[00:20:01]
YEAR.BUT, BUT THE, IT WAS IN THIS CONDITION BEFORE SHE EVEN BOUGHT IT.
SO THEY CONVINCED HER AND THEY FOUND HER ONLINE.
I GUESS THEY FISHED, THEY FOUND THAT SHE HAD AN INHERITANCE FROM HER FATHER, TALKED HER INTO BUYING THIS SIDE UNSEEN.
SO IT WAS IN THIS CONDITION EVEN BEFORE SHE BOUGHT IT.
AND THEY REVALUED IT MORE THAN MY FULLY REMODELED 12 UNITS NEXT DOOR.
SO I DON'T KNOW WHERE WE'RE AT.
UM, I WOULD, LIKE I SAID, I'D LOVE A CONTINUANCE TO GET IT THROUGH LEGAL 'CAUSE WE'RE GONNA WIN THIS.
THANK YOU SO MUCH FOR COMING HERE TONIGHT, FIRST OF ALL, AND HELPING HER, EVEN THOUGH YOU DO HAVE SOME INTEREST POTENTIALLY, BUT AT LEAST TRYING TO HELP HER TO SORT THROUGH IT.
SO, UM, IF I'M GOING TO UNDERSTAND FULLY WHAT YOU'D LIKE IS JUST MORE TIME TO AT LEAST GET THE LEGAL CASE SOMEWHERE? YES, MA'AM.
IT'S, IT COULD BE A BEAUTIFUL PROPERTY.
I, I'LL WE WHAT TO DO WITH IT.
THE, UM, IN THE EXHIBIT THAT YOU PROVIDED, THE, UM, LIST OF ITEMS THAT NEED TO BE RE REMO THAT NEED TO BE DONE IN THE REMODELING OF THE 10 UNITS, THAT WAS A LIST THAT WAS PUT TOGETHER BY YOU? YES, MA'AM.
I HAVE TWO BIDS, SORT OF CLASS C AND CLASS A.
THE CLASS A 600 AND I THINK $58,000 WE'D PUT INTO IT.
SO TOTAL OF ALMOST 700,000 YOU THINK TO FIX IT? IF, IF WE DO, BUT YOU KNOW, NOW THAT NEIGHBORHOOD, I DON'T KNOW IF WE WANNA GO CLASS AA 'CAUSE IT'S, YOU KNOW, THE NEIGHBORHOOD, PROBABLY CLASS B PROBABLY GO IN THE MIDDLE OF THE BID SOMEWHERE.
YOU KNOW, WE DON'T WANNA OVERDO IT.
I MEAN, IT'S NOT LIKE ONE OF MY HIGH END PROPERTIES, BUT WE WANNA MAKE IT BEAUTIFUL.
UM, MS. HUGHES AND HER, UH, AND SOME ANOTHER REPRESENTATIVE ARE ONLINE OR ON THE PHONE.
THEY JUST SENT ME A TEXT AND SAID THEY'RE OKAY.
UM, CAN WE GET THEM ON, UH, MS. HUGHES? CAN YOU DO STAR SIX ON YOUR PHONE IF YOU CAN HEAR US? OKAY, I'M UNMUTED.
UM, HELLO? YES, WE, WE HAVE YOUR PROPERTY BEFORE THE COMMISSION TONIGHT, AND MR. LEAL IS HERE AND HE'S EXPLAINED TO US SOME INFORMATION ON WHAT'S GOING ON WITH YOUR LEGAL CASE AND THIS PROPERTY.
SO IS THERE ANYTHING ELSE YOU NEED THE COMMISSIONERS TO KNOW TONIGHT? YOU HAVE THREE MINUTES.
MS. HUGHES, CAN YOU PRESS STAR SIX AGAIN? THAT WAS MY BAD.
AND I BELIEVE, UH, MS. WILLIAMS MARIE WILLIAMS IS ALSO WITH HER.
UM, IS MS. MARIE WILLIAMS ALSO HERE FOR YOU? MS. HUGHES? MS. HUGHES, COULD YOU PRESS STAR SIX ONE MORE TIME ON YOUR PHONE? THANK YOU.
SOMEONE HAD TOOK US OFF OF MUTE.
THIS IS MS. WILLIAMS, UM, SPEAKING, AND YES, I'M HERE.
UH, WE DO HAVE THE CURRENT CASE.
UM, WE'RE, WE'RE, UM, EXPECTED TO WIN.
UNFORTUNATELY, THE, UH, PROPERTY, UH, WAS ACTUALLY, UM, ACCELERATED IN VALUE.
UM, THE, THE RECORDS I BELIEVE MS. LEON HAVE PRESENTED AS FAR AS THE EVIDENCE THERE, I'M NOT SURE IN WHICH ORDER.
SO, UM, MS. I, YOU MAY HAVE TO SPEAK ON THE EXHIBITS THAT'S THERE ALREADY IN THE ORDER THAT THEY'RE IN, THAT WAS PRESENTED FOR MS. MS. HUGHES.
UM, YES, WE DO HAVE THE EXHIBITS.
WE ALL HAVE, UH, WE, WE ARE LOOKING AT THEM.
IS THERE ANYTHING ELSE YOU NEED US TO KNOW? UM, WE DO KNOW THE BASIS OF HER, UH, LEGAL CASE, ALTHOUGH WE DON'T HAVE ANY, UM, AUTHORITY TO DISCUSS THAT IN DETAIL.
THE CASE BEFORE US TONIGHT, AS YOU KNOW, IS REGARDING THE CODE VIOLATIONS.
UM, SO IS SHE REQUESTING MORE TIME OR IS THERE ANYTHING ELSE THAT WE NEED TO KNOW? I WANT TO, UH, MAKE NOTICE.
I CALLED THE POLICE OUT THERE SEVERAL TIMES.
I DID HAVE IT FIXED UP, BUT THE PEOPLE JUST KEEP COMING BACK TO TURN IT BACK DOWN.
UM, WE, WE WILL MAKE A NOTE OF THAT.
UM, SO JUST, I SPOKE WITH MR. ADAMS. I SPOKE WITH MR. ADAMS A COUPLE OF TIMES.
HE CALLED ME A COUPLE OF MONTHS AGO, HAD ME TO FIX SOMETHING.
I PUT A TEMPORARY SINK FENCE UP.
[00:25:01]
TEAR IT DOWN OR COME THROUGH THE BACK SO THAT, THAT'S JUST WASTED MONEY.YOU KEEP TELLING ME TO FIX THE STUFF, THEY FIX IT AND THEY COME BACK AND I CAN'T EVEN GET THE POLICE TO COME OUT THERE TO STOP THE PEOPLE.
SHE IS ASKING, JUST TO ANSWER YOUR QUESTION, SHE HAS ASKED A FOR CONTINUANCE.
I'M ASKING FOR CONTINUANCE ASK SO THAT WE CAN GET THROUGH THIS LEGAL SITUATION.
UM, BEBE ON STANDBY PLEASE, IF YOU DON'T MIND MUTING AGAIN.
AND THEN IF THE COMMISSIONERS HAVE QUESTIONS FOR YOU, THEY'LL ASK YOU DIRECTLY.
UM, OTHERWISE THEY MIGHT HAVE QUESTIONS FOR, UH, MR. AL OR CODE INVESTIGATOR ADAMS. SO PLEASE STAND BY.
UM, I HAD A QUESTION FOR, UM, OR, UM, UH, LEGAL COUNSEL AND POSSIBLY SOME OF THE OTHER COMMISSIONERS.
UM, IS, IS THIS ONE ATIONS WHERE DUE TO THE LEGAL, UM, DUE TO THE LAWSUIT WHERE WHATEVER RULING WE MADE TONIGHT WOULD, COULD BE INJUNCTED BY THE, UM, PARTIES OF LAWSUIT.
SO I AM, I'M IN THE PROCESS OF SEEKING SOME CLARIFICATION ON THAT ISSUE RIGHT NOW.
UM, AND SO WE MAY NEED TO POSTPONE THIS MATTER AT LEAST UNTIL I CAN CONFIGURE THAT PART OUT.
THAT, THAT WAS SORT OF MY FIRST AND FOREMOST QUESTION, UH, CHAIR.
I WAS THINKING ALONG THE SAME LINES.
'CAUSE THIS WAS JUST FILED IN NOVEMBER, AND SO I KNOW THEY'RE NOT GOING TO MAKE A LOT OF HEADWAY, UH, FOR A LITTLE WHILE.
SO, ANYBODY ELSE, ANY QUESTIONS, COMMENTS, THOUGHTS? SURE.
COMMISSIONER FRANCIS, I, I DON'T HAVE PROBLEM WITH EXTENDING THAT.
I'M A LITTLE CONCERNED ABOUT IT'S LOCATION WITH THE SCHOOLS AND THE DAYCARE AND ITS ACCESSIBILITY AND ATTEMPTS AT TRYING TO SECURE IT, BUT YET THAT DOESN'T SEEM TO BE, UM, STICKING.
SO I DON'T KNOW HOW WE ARRIVED THERE, BUT MAYBE THERE'S SOME MIDDLE GROUND OF GIVING THEM SOME MORE TIME, BUT YET MAKING THAT CONDITIONAL.
UM, COMMISSIONER CAMPBELL AND THEN COMMISSIONER OLUGO.
YEAH, I, I WOULD JUST ADD TO THAT, UM, YOU KNOW, I THINK WE, WE, WE'VE DEALT WITH CASES SOMEWHAT LIKE THIS BEFORE WITH THIS KIND OF INTERCEDING LEGAL ISSUE.
AND, AND IT REALLY ALWAYS SEEMS TO ME IN SITUATIONS LIKE THIS THAT, YOU KNOW, THE NORMAL INCENTIVES THAT THE FINES THAT WE IMPOSE WOULD PLACE ON, ON GETTING A PROPERTY FIXED DON'T NECESSARILY APPLY HERE.
IT SEEMS LIKE THE REAL IMPETUS TO FIXING THIS IS GOING TO BE RESOLVING THE LEGAL ISSUES, WHICH UNFORTUNATELY WE DON'T NECESSARILY HAVE A, HAVE AN ABILITY TO EXPEDITE OR ANYTHING.
UM, SO I'M JUST IN LIGHT OF THAT.
I MEAN, I'M ALSO HAPPY TO CONSIDER EXTENDING THE TIME.
UM, I AM, YOU KNOW, A LITTLE BIT CONCERNED, NOR NORMALLY WE HAVE LIKE OUT TO 90 DAYS, UM, TO REALLY EXTEND THAT OUT.
UM, I'M NOT SURE IF THAT WOULD BE ENOUGH TIME TO RESOLVE THE LEGAL ISSUES HERE.
UM, SO I, I AM INTERESTED IN HEARING IF ANYONE HAS AN IDEA FOR HOW TO DO THAT IN A WAY THAT WE'LL ACTUALLY GIVE THE PROPERTY OWNERS SOME, UH, ACTUAL TIME TO RESOLVE THIS.
AND THIS WOULD BE A QUESTION I THINK DIRECTED AT, UH, DISTRICT MANAGER MOORE.
UM, WHAT ARE, ARE THERE DIFFERENT TIERS OF FENCING OR, UM, SORT OF, UH, PROTECTION THAT YOU CAN DO ON PROPERTIES SO THAT, 'CAUSE CLEARLY JUST STANDARD FENCING DOES NOT WORK.
AND SO I WAS WONDERING IF THERE WAS A, A NEXT LEVEL TIER THAT WE CAN DO THAT IS STANDARD TO PREVENT FOLKS FROM COMING IN.
UH, DIVISION MANAGER, ROBERT MOORE.
UM, I MEAN, WE USE A FENCING COMPANY AND IT'S TYPICALLY THE SAME FENCE EVERY TIME.
UH, WE ALSO BOARD WINDOWS AND DOORS, ANYTHING THAT'S OPEN AND ACCESSIBLE.
UH, BUT THAT WOULD BE THE ONLY TIER.
I MEAN, WE DON'T GET UP TO BARBED WIRE OR, YOU KNOW, MILITARY PEOPLE GARDEN STUFF.
NO, WE, WE USE, YOU DON'T GET THE PEOPLE FROM CAMP MAVERY RIGHT.
TO COME OVER REAL QUICK, YOU KNOW? YEAH.
WELL, UM, I'M OPEN TO SOMETHING, UM, TO, SORRY, CHAIR.
UH, IN LIGHT OF THE CIRCUMSTANCES, LAW IS GOING TO RECOMMEND POSTPONEMENT OF THIS MATTER, UM, SO THAT THERE IS MORE TIME TO FIGURE OUT WHAT THE, THE ACTUAL UNDERLYING LAWSUIT AND KIND OF WHAT HAPPENS.
UM, MAYBE ALLOW IT TO GET A LITTLE MORE, LIKE YOU SAID, IT WAS FILED IN NOVEMBER OF LAST YEAR.
UNFORTUNATELY, THESE THINGS DO TAKE A LITTLE BIT OF TIME, BUT I THINK WE NEED TO HAVE
[00:30:01]
A BETTER IDEA OF WHAT DIRECTION THAT LAWSUIT IS GOING IN.AND I THINK IN THE MEANTIME, POSSIBLY, UM, WE, UM, WELL WE, THE CITY MIGHT HAVE TO STEP IN AND DO ALL THAT'S NECESSARY.
AND USUALLY THOSE FEES ARE THEN ATTACHED, UM, IF THERE'S AN OUTCOME IN FAVOR OF, UH, THE CODE DEPARTMENT.
SO I THINK THAT COULD STILL WORK OUT.
COMMISSIONER FRANCIS, UH, COUNSEL, DO YOU NEED US TO CONTINUE THE CASE OR DO YOU, OR, 'CAUSE I DON'T SEE THAT AS AN OPTION HERE, BUT DO WE NEED TO TAKE ACTION TO SAY LET'S CONTINUE THE CASE UNTIL THE NEXT HEARING OR, UH, SO WHAT WE CAN DO IS, IS HAVE A MOTION TO POSTPONE THE CASE.
NOW, WHEN WE POSTPONE, YOU DO HAVE TO PICK A DATE OR A FUTURE MEETING, UM, PROBABLY IN MAY.
'CAUSE WE'RE IN MARCH RIGHT NOW.
SO AT LEAST DO A STATUS CHECK IN MAY.
WELL, UM, THE REASON I'M THINKING, YEAH, WE COULD DO IN MAY, BUT TECHNICALLY SPEAKING WE COULD DO A 90 DAYS THAT WOULD BE MORE THAN MAY.
SO I'LL THINK THAT IF WE'RE, YEAH, IF WE'RE GOING TO THAT TROUBLE, THEN IT SHOULD BE EVEN MORE THAN THE 90 DAYS.
SO COMMISSIONER FRANCIS, DID YOU HAVE ANYTHING ELSE TO ADD? I'M JUST WONDERING HOW MUCH TIME YOU THINK YOU GUYS NEED.
OH, YOU WERE DIRECTING THAT TO COUNSEL.
TO INVESTIGATE THE LAW IN TERMS OF SURE.
THEY'RE SEEKING SOME GUIDANCE AS FAR AS PROVIDE GUIDANCE, THE LENGTH OF THE POSTPONEMENT, THIS, THESE COULD TAKE YEARS, YOU KNOW? YEAH.
SO
SO, UH, I THINK, I THINK, I THINK THE QUESTION IS HOW LONG DO WE NEED? DO WE FIND OUT IF WE CAN PUT AN ORDER ON THIS WITH A PENDING LAWSUIT? UM, RIGHT.
AND ONCE WE KNOW THAT I, I THINK WE CAN MOVE FORWARD.
WELL, AND ALSO I THINK AS WE'RE DISCUSSED IN THE INTERIM, THAT YOU GUYS WOULD SECURE THE PROPERTY.
I KNOW THAT I WAS A LITTLE CONFUSED IN THE BEGINNING 'CAUSE WE SAID THAT THE CITY HAD BOARDED AND FENCED, BUT THEN IT SOUNDED LIKE THE OWNER HAD DONE SOME FENCING THAT THAT'S NOT BEING ATTENDED TO.
SO THAT WE WOULD KIND OF COME IN AND RAMP THAT UP A LITTLE BIT TO BE SURE THAT THAT IS AS, AS TIGHT AS IT CAN BE.
IS THAT COR IS THAT A FAIR ASSUMPTION? WELL, MISSING I GAR DIRECTOR ON THAT.
THE OWNER DID SECURE IT WITH A FENCE.
IF IT'S ADDITIONAL, UM, SECURITY THAT NEED IS REQUIRED AND THE OWNER CANNOT DO IT, THEN THE CITY WILL STEP UP AND DO THE BOARD AND SECURE.
AND CODE INVESTIGATOR ADAMS? YES.
YEAH, THE, THERE WAS SOME MENTIONED EARLIER ABOUT, UH, THE PROPERTY, THE CONDITION.
IT WAS WHEN IT WAS PURCHASED, UH, BY MS. HUGHES.
UM, UH, IN AUGUST OF 2022, UH, THE PROPERTY WAS STILL OCCUPIED.
THERE WERE STILL PEOPLE OCCUPYING THE PROPERTY.
SHE ACTUALLY WAS TRYING, OR ACTUALLY THE OWNER'S PRIOR TO HER WERE REPAIRING THE WINDOWS.
UM, I'VE MET TWO DISTRICT REPRESENTATIVES FOR AUSTIN POLICE DEPARTMENT AT THAT PROPERTY ON TWO DIFFERENT OCCASIONS BECAUSE OF THE CONDITIONS AT THAT PROPERTY.
THE OFFICER ASSIGNED IN THAT AREA IS OFFICER ON, UH, DISTRICT REP BLACK, AND OF COURSE, UH, BRIAN ROBINSON, ANOTHER, UH, A PD OFFICER.
AND ON BOTH OCCASIONS, UM, THIS, THE SECOND OCCASION WITH BRIAN ROBINSON, THE PROPERTY WAS FENCED.
THE FENCE THAT THAT IS AROUND THE PROPERTY IS ACTUALLY A TEMPORARY FENCE.
AND MANY TIMES I'VE HAD TO GO OVER THERE AND PROP THE FENCE BACK UP 'CAUSE THE SECTION IS KNOCKED OVER.
SO, AS, UH, MS. HUGHES HAD MENTIONED, UH, WHEN SHE GAVE HER TESTIMONY, THERE IS SOME ACTIVITY THERE CONTINUALLY TRYING TO GET INTO THAT PROPERTY.
AND SO I DRIVE BY THAT PROPERTY ALMOST, UH, EVERY OTHER DAY OF THE WEEK.
IT'S NOT, IT'S, IT'S, IT'S IN MY AREA.
IT, I GO BY THERE JUST BECAUSE I HAVE, IT'S ALSO PART OF A AREA CALLED SWEENEY CIRCLE WHERE THERE'S A NUMBER OF, UH, DUPLEXES AND FOURPLEXES.
AND MY CONCERN ABOUT THIS PROPERTY IS THAT WITH PEOPLE THAT ARE EXPERIENCING HOMELESSNESS, GETTING INTO THAT PROPERTY, WHATEVER DAY, UH, IT COULD BE A COLD NIGHT, A FIRE GETS STARTED AND NOW YOU HAVE IT SPREAD TO ALL THE OTHER ADJACENT PROPERTIES.
SO IT'S NOT JUST THE SCHOOLS AND THE RESTAURANTS, BUT IT'S ALSO THE PROXIMITY OF RESIDENTIAL PROPERTY IN THE AREA.
AND ONCE YOU GO UP SWEENEY LANE, IT'S A DEAD END.
THE ONLY OTHER STREET THAT YOU CAN ACCESS FROM THAT STREET IS SWEENEY CIRCLE.
AND THEN YOU HAVE TO TURN AROUND AND HEAD BACK WEST TO GET TO COME OUT ONTO MANNAR ROAD.
SO, UM, AGAIN, FENCING WILL HELP, BUT IT'S ALREADY BEEN
[00:35:01]
FENCED, SO.UM, COMMISSIONER FRANCIS, I'M SORRY, JUST A FOLLOW UP QUESTION.
I GUESS I HAVE THIS VISION THAT PERHAPS THE FENCING THAT WE MIGHT PUT IN WOULD BE A LITTLE BIT MORE SECURE AND NOT, THIS ONE SOUNDS LIKE SINCE YOU'RE PROPPING IT UP, IT'S JUST KIND OF FLOPPING IN THE BREEZE AND THAT THE FENCE CAN BE, THAT WE WOULD THEN BRING IN WOULD BE SOMETHING THAT WOULD BE MORE SECURE.
'CAUSE IT SOUNDS LIKE WE'RE GONNA GET POSTPONED, BUT, WHICH IS FINE, BUT I WANT TO BE SURE THAT WE HAVE SOME ASSURANCES IN THE INTERIM THAT WE'VE DETERMINED THAT IT IS SECURED OR NOT.
AND IF IT'S NOT THAT WE WOULD TAKE ACTION.
DOES THAT MAKE SENSE? I DON'T, I DON'T WANT IT TO LANGUISH FOR 90 DAYS WHILE, OR HOWEVER LONG AS ROBERT SAID, THAT THERE'S LEGAL PROCEEDINGS.
AND IN THE MEANTIME, THE FENCE IS BLOWING IN THE BREEZE.
THOSE ARE THE MAIN, WE, WE ALL HAVE THE SAME CONCERN.
SO WE'RE CONCERNED ABOUT WHETHER THE SE SECURING OR BOARDING COULD BE MAINTAINED IN THE INTERIM.
UM, SO FAR PEOPLE HAVE CONTINUED TO BREAK IT DOWN, EVEN WHETHER THE OWNER PUT THE DIS FENCE UP OR WHETHER THE CITY DID.
SO I DON'T KNOW IF THERE'S ANOTHER LEVEL.
UH, I ALSO NOTICED IN ONE OF THE PICTURES, BECAUSE THERE WAS A FIRE, RIGHT.
UM, AND THEY HAD FIREWOOD RIGHT THERE IN THE BACK, IN ONE OF THOSE PICTURES.
IN AUGUST OF 2022, ACCORDING TO THE PAPERWORK, MS. HUGHES ACQUIRED THE PROPERTY IN DECEMBER, 2022.
SO SHE DID INHERIT ALL THESE PROBLEMS, BUT OBVIOUSLY, UM, YOU KNOW, SHE IS THE RECORD OWNER RIGHT NOW.
NOW IS THERE ANYBODY IN ANY OF THE UNITS THAT YOU KNOW OF, UH, LEGALLY SAFETY? NO, IT'S UNOCCUPIED RIGHT NOW.
YEAH, IF THEY WERE GETTING IN, THEY'RE GETTING IN ILLEGALLY.
ALL RIGHT, COMMISSIONER SHUGAR.
UM, YEAH, SO IT SEEMS LIKE WE HAVE SOME CITY COUNCIL GUIDANCE TO MAYBE POSTPONE THIS, BUT THAT'S GOING AT A HEAD WITH, UH, YOU KNOW, CITY STAFF SAYING, HEY, THIS IS KIND OF DANGEROUS.
THERE ARE PEOPLE POTENTIALLY THERE COULD BE A FIRE, YOU KNOW, THERE'S ALREADY BEEN ONE STARTED ON THE PROPERTY, MAYBE ONE STARTED INSIDE, AND THE ADDITION THAT, UH, ROBERT MOORE DROPPED THAT THESE FEES CAN ACTUALLY KIND OF PROVIDE IMPETUS TO THE LEGAL PROCESS.
SO WHERE I'M SITTING IS, IF WE CAN JUST KICK THIS CAN DOWN THE ROAD, MAYBE POSTPONE IT TO OUR NEXT MEETING NEXT MONTH, THAT GIVES LEGAL TIME AND ENOUGH TIME, WE'LL FIGURE OUT THEN MORE WHAT WE CAN DO.
IF WE CAN MOVE FORWARD, WE'LL MOVE FORWARD THEN AND POSE A FINE IF NECESSARY.
MAYBE THAT'LL QUICKEN THE LEGAL PROCEEDINGS, BUT THERE'S NOT MUCH WE CAN DO AS A BOARD WHEN SOMEONE FRAUDULENTLY OR WHATEVER SOLD A PROPERTY TO SOMEONE ELSE.
YOU KNOW, THAT'S KIND OF OUT OF OUR PURVIEW.
UM, SO YEAH, YOU KNOW, THAT'S WHERE I'M LANDING JUST A MONTH DELAY.
NEXT MONTH AT OUR NEXT MEETING WE CAN, UH, SEE IF THERE'S ANY MORE GUIDANCE, UM, AND MOVE FROM THERE.
UM, I DO HAVE, YES, MS. DELIA, I DON'T SEE THIS BEING RESOLVED IN A MONTH.
SO, SO THE MONTH IS MAINLY SO WE CAN GET GUIDANCE FROM OUR LEGAL COUNSEL ON WHAT WE NEED TO DO.
THEN I ALSO HAVE A QUESTION FOR MS. HUGHES.
ARE YOU STILL THERE? UM, TANYA, AM I STILL THERE? OKAY, YOU ARE.
MM-HMM,
UH, SOMEBODY PUT ME IN THIS AND TRICKED ME INTO, I DON'T KNOW HOW TO DO ALL THIS.
HOW DID THESE SWINDLERS PUT ME INTO THIS? AND YOU GUYS ARE ACTING LIKE I KNOW WHAT I'M DOING.
I WENT TO AN ATTORNEY, I GUESS HE IS BUSY WITH OTHER CASES, AND WHEN I TELL HIM, HEY, I GET LETTERS FROM THE CITY OF AUSTIN.
HE SAID, THAT'S NOT MY BIGGEST PROBLEM RIGHT NOW.
MS. HUGHES, NO ONE HAS SAID THEY LOOKED INSIDE THAT APARTMENT.
THOSE BUILDINGS, SOME OF THEM PLACES WERE ALREADY PUT ON FIRE.
YOU GUYS HAVE TO SEE SOMETHING BEFORE, BEFORE THIS, WHAT'S GOING ON? BECAUSE I DON'T KNOW WHAT'S GOING ON.
UM, I'M SORRY TO HEAR ALL THAT.
DO YOU WANNA HEAR MY QUESTION FIRST? AND MAYBE THAT WOULD HELP.
SO THE QUESTION THAT I HAD, I APOLOGIZE FOR HER.
UM, THIS HAS BEEN VERY TRAUMATIC FOR HER.
UM, THEY PUT ME INTO A PLACE I NEVER SAW BEFORE AND THEN YOU GOT, AND THEY PLACED ALL THIS STUFF ON ME.
I DIDN'T KNOW ALL THIS WAS GOING ON.
AND I, MR. ADAMS, TIME AND TIME
[00:40:01]
AGAIN, I'M IN AMENT.I DON'T KNOW WHAT'S GOING ON, BUT I'M, I'M GETTING ALL THESE LETTERS AND I'M JUST HERE CRYING FOR HELP.
UM, LET ME ASK YOU THIS, BECAUSE YOU, YOU UNDERSTAND THAT WE WERE NOT INVOLVED IN THE TRANSACTIONS AT ALL.
AND SO WE DON'T KNOW WHAT HAPPENED THERE EITHER.
BUT WHAT WE'RE TRYING TO FIND OUT IS, ARE YOU DISPUTING BEING THE OWNER OF THE PROPERTY? 'CAUSE SO THAT WE CAN HAVE SOME CLARITY.
I, NOT DISTRIBUTOR, THEY PUT MY NAME ON THE PROPERTY.
HAD ME TO, UH, FIND AN APPLICATION THAT I DIDN'T KNOW WHAT I WAS SIGNING.
BUT YOU, YOU WANTED TO PURCHASE THE PROPERTY.
I HAD TAKEN ALL THAT TRASH DOWN.
I HAD THE LAWS, MS. HUGHES, ALL THAT STUFF.
YOU'RE GOING TO MS. HUGHES, YOU'RE GOING TO HAVE TO BEAR WITH ME AND JUST ANSWER THE QUESTIONS.
'CAUSE WE DO HAVE OTHER CASES ALL, UM, SO, ALRIGHT.
YOU DID ENTER THE TRANSACTION.
SO YOU, YOU DO CONSIDER YOURSELF THE OWNER.
SO THE SECOND QUESTION THAT I HAD FOR YOU IS, IF YOU HAD TO DO SOME SOMETHING TO FIX UP SOME OF THE PROPERTY TO SECURE IT EVEN FURTHER, YOU SHOULDN'T HAVE ANY PROBLEM DOING THAT FROM THE, YOU KNOW, STANDPOINT OF BEING THE OWNER.
UH, BUT DO YOU HAVE FUNDS AVAILABLE TO DO THAT? IF YOU, IF YOU HAD TO DO THAT, CONSIDERING THAT IT WILL STILL BE YOUR PROPERTY AFTERWARDS AND THEN UNTIL YOU SELL IT? NO, THIS, THIS HAS, UH, TAKEN AWAY MY RETIREMENT.
UH, I, I DIDN'T WANT TO BE PUT IN A SITUATION LIKE THIS.
LIKE I SAID, I PUT THE TEMPORARY FIX SINCE I, UH, ALL THIS STUFF YOU'RE ASKING FOR, THEY WERE BEING DONE.
AND HERE IT IS A FEW MONTHS, THE PEOPLE HAVE COME BACK, TORN DOWN THE DOORS, ALL THAT, ALL THAT'S JUST MONEY WASTED.
SO YOU CANNOT DO THE REMODELING THAT'S NEEDED, CORRECT? ME? YOU ARE NOT ABLE TO DO THE REMODELING THAT'S NEEDED, THE ACTUAL REMODELING THAT'S NEEDED.
AND, AND I DON'T, YEAH, I CAN'T, I CAN'T AFFORD THAT.
THAT'S ALL WE, I WAS TRYING TO FIND OUT SO THAT THE COMMISSIONERS CAN UNDERSTAND FULLY, YOU KNOW, WHAT THE SITUATION IS.
WE UNDERSTAND THAT YOU ARE HAVING, UH, YOU KNOW, SOME PENDING FRAUD CLAIMS AND THAT'S SOMETHING THAT WE DON'T HAVE CONTROL OVER.
SO COMMISSIONERS, ANYTHING ELSE BEFORE WE MAKE ANY DECISIONS? COMMISSIONER FRANCIS, I MOVE TO CLOSE THE HEARING.
UM, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.
I'LL SECOND AND WE HAVE A SECOND.
UM, WE'RE GOING TO CLOSE THE PUBLIC PART OF THE HEARING UNLESS WE HAVE ANY OBJECTIONS.
SO THAT MEANS NOW WE GET TO MAKE A DECISION.
I DO HAVE ONE QUESTION THOUGH.
I DON'T KNOW IF IT'S FOR Y'ALL.
UM, WHO WOULD I TALK TO? MY INVESTMENT GROUP AND AS WE'RE INTERESTED IN DOING OFFICE TO RESIDENTIAL CONVERSIONS? TH THIS ISN'T THE GROUP I WOULD TALK TO YOU.
NO, WE HAVE SURPLUS OF OFFICE COVID.
WE WANNA TURN 'EM INTO HOUSING BY OFFICES.
THIS IS NOT, THIS ISN'T THE SAME GROUP.
THAT Y'ALL DONE, HUH? PLANNING AND COMING.
WHAT IS THE PLANNING COMMISSION PLANNING DEPARTMENT? IS THAT, DO WE KNOW MIDDLETON PREP? JUST THE PLANNING COMMISSION, THE PLANNING COMMISS PROBABLY CONTACT THEM.
WE'RE GOING TO MAKE A DECISION.
OR SOME DECISION, MAYBE NOT THE DECISION.
SO DO WE HAVE ANY OTHER, UH, COMMISSIONER CAMPBELL AND THEN COMMISSIONER FRANCIS? UH, WELL, LOOK, I, I, I THINK THAT IN THIS CASE IT SEEMS LIKE EVERYONE HERE IS IN AGREEMENT THAT LIKE, YOU KNOW, THERE'S POTENTIALLY A LEGAL CASE.
WE'RE OBVIOUSLY NOT HERE TO RESOLVE ANY OF THAT OR TO DECIDE ON ANY ISSUES OF FACT RELATED TO THAT.
UM, BUT WE'RE ALSO SYMPATHETIC TO THAT POSSIBILITY.
RIGHT? AND, AND JUST IN LIGHT OF THAT, I THINK THAT THE MOST PRESSING THING FOR US IS TO MAKE SURE THAT THE PROPERTY IS FULLY SECURED FROM ANYBODY WHO'S NOT AUTHORIZED TO ENTER, UM, ANY POTENTIAL HAZARD THAT IT COULD BE TO THE COMMUNITY.
UM, AND, AND ALSO, AGAIN, JUST IN LIGHT OF THE LEGAL CASE, UM, GIVING SOME BREATHING ROOM TO MAKE SURE THAT THAT GETS RESOLVED.
UM, IN LIGHT OF THAT, I THINK THAT, AND I'D LIKE TO HEAR IF THIS IS POSSIBLE FROM COUNSEL, UM, POTENTIALLY JUST HAVE AN ORDER THAT WOULD ORDER THAT THE PROPERTY BE PROPERLY SECURED, UM, AS SOON AS POSSIBLE, AND THAT, THAT SECURITY BE MAINTAINED, RIGHT.
KEEP THE FENCE MAINTAINED, UH, MAKE SURE THERE
[00:45:01]
COULDN'T BE ANY UNAUTHORIZED ACCESS, UM, AS WELL AS ADOPTING THE FINDINGS.A FACT, AND, AND THE REASON WHY I THINK THAT IS BECAUSE IF THERE IS A LEGAL CASE, AND WE HAVE ON THE RECORD THAT THERE WERE THESE PROBLEMS BEFORE THE PURCHASE, YOU KNOW, THAT COULD POTENTIALLY BE SOMETHING THAT IS, UM, BROUGHT INTO ANY OTHER LEGAL CASE, UM, BUT NOT ACTUALLY ISSUE A FINE TODAY.
AND THEN WE CONTINUE THE CASE TO POTENTIALLY DISCUSS AN ACTUAL FINE AT A LATER DATE.
UM, SO I JUST WANNA HEAR IF THAT SOUNDS AGREEABLE TO EVERYONE OR IF THEY HAVE THOUGHTS ON THAT.
UM, BUT AGAIN, MY IDEA IS BASICALLY JUST MAKE SURE THAT THE PROPERTY IS PROPERLY SECURED IN THE SHORT TERM AND THEN PUT OFF A FINAL DECISION UNTIL LATER.
UM, COMMISSIONER FRANCIS, ARE YOU ABLE TO PUT TO, OKAY.
UM, I'D LIKE TO BUILD ON WHAT YOU JUST SAID AND, UM, ADD TO THAT BY SAYING THAT I THINK WE NEED TO GIVE OUR COUNSEL ONE MORE MONTH TO DO, EXPLORE ALL THE LEGAL ISSUES, BUT BRING THIS BACK IN A MONTH WITH THE FINDINGS OF FACT, GET THE PLACE FULLY SECURED, AND THEN WE'LL BE ABLE TO MAKE, WE WILL BE ABLE TO RENDER A MORE COMPLETE DECISION.
SO, UM, I THINK I UNDERSTAND
THIS WOULD BE AN EXPLICIT QUESTION, COUNSEL, CAN WE SPLIT OFF THE ORDER? SO THEY, THEY IMMEDIATELY GET THE BINDINGS OF FACTS INTO THE, UM, THE FINDINGS.
FACTS ARE IS A, IS A DECLARED ORDER COMING FROM THE COMMISSION, BUT WE DO NOT MAKE A DECISION ON WHETHER OR NOT TO START THE, THE FINES.
LIKE, CAN WE PUT UP AN ORDER SUCH THAT, UM, THINGS CAN GET, THEY CAN USE THAT TO GET THINGS MOVING WHILE DEFERRING THE DECISION ON THE REST OF THE ORDER UNTIL OUR APRIL MEETING? YES.
SO YOU CAN DO AN, YOU CAN ISSUE AN ORDER TO MAKE SURE THAT THE PROPERTY IS SECURED AND ALSO, UM, DO A MOTION TO POSTPONE.
AND THEN WHEN WE COME BACK AT THAT TIME, YOU CAN TAKE FINAL ACTION.
BUT AT THIS POINT, JUST MAKE SURE IT'S CLEAR ON THE RECORD THAT THIS WOULD JUST BE AN ORDER TO SECURE WHILE WE POSTPONE FOR PURPOSES OF GIVING LEGAL COUNSEL TIME TO, AS YOU SAID, INVESTIGATE SOME OF THESE OTHER LEGAL MATTERS THAT ARE PENDING.
SO WE COULD PUT TOGETHER AN ORDER.
SO LIKE THE ORDER WILL, UH, ORDER THAT THE PROPERTY SECURED AND WILL ACCEPT THE FINDINGS OF FACTS AND CONCLUSIONS OF LAW WHILE POSTPONING FINAL DECISION UNTIL OUR APRIL, WHATEVER, WHATEVER MEETING.
WOULD THAT BE THE ROUGH CORRECT CONSTRUCTION OF SUCH AN ORDER? YES.
I, YES, THAT SOUNDS ABOUT RIGHT.
SO, WE'LL, WE'LL WORK, WE'LL, I GUESS IF SOMEBODY WANTS TO GO AHEAD AND, AND MAKE A MOTION, WE CAN KIND OF WORK THROUGH THAT MOTION.
UM, I KNOW IT'S A LITTLE BIT UNUSUAL TO WHAT WE NORMALLY DO, BUT I THINK THIS IS A UNIQUE CASE.
UH, WOULD THAT COMPROMISE BE ACCEPTABLES, YOU, COMMISSIONER SIG? YES.
COMMISSIONER CAMPBELL, UH, I'LL GO AHEAD AND, UH, TRY, TRY TO MAKE THE MOTION.
UM, I DO JUST WANNA ASK FIRST REAL QUICK, WOULD YOU LIKE THAT TO BE TWO SEPARATE MOTIONS OR ONE SINGULAR MOTION? SO IF WE CAN, WE CAN TRY AND MAKE IT AS, AS A SINGULAR, AS A SINGLE MOTION, EXCUSE ME.
UM, AND THAT POSTPONEMENT DATE OR THAT REPORT BACK DATE, JUST MAKE SURE WE, IT'LL BE I THINK APRIL.
UM, AND JUST BEFORE I ACTUALLY TRY MY HAND AT THIS, IT LOOKS LIKE MELANIE ALLEY NEEDS TO ASK SOMETHING.
YES, MS. ALL THIS IS VERY SIMILAR TO A ORDER WE DID AT 9 0 7 SIXTH STREET.
IT WAS A, HIS, NO, I'M TALKING ABOUT SIXTH STREET.
SIXTH STREET, WHICH WAS A HISTORICAL BUILDING.
AND SO WE, THEY DID AN ORDER TO SECURE THE FACADE AND THEN DELAYED IN THE SAME ORDER.
THEY SAID SOMETHING LIKE, WE'RE GONNA, UH, WAIT SIX MONTHS TO, OR THREE MONTHS, OR, I DON'T REMEMBER HOW LONG IT WAS, BUT IT WAS A GOOD AMOUNT OF TIME TO, BEFORE THEY RULED ON OR MADE ANY KIND OF RULING ON THE, UM, THE OTHER VIOLATIONS ON THE PROPERTY.
SO THEY JUST, I REMEMBER SO THAT IT WAS ALL IN ONE ORDER.
I THINK THE ISSUE, UH, WELL THE OTHER PORTION OF THIS PARTICULAR CASE IS JUST THE URGENCY BECAUSE OF THE PROXIMITY TO THE SCHOOL AND TO THE OTHER PROPERTIES.
BUT I DON'T KNOW, I PERSONALLY DON'T THINK 30 DAYS IS GONNA MAKE A DIFFERENCE, BUT, YOU KNOW, WE CAN DO WHATEVER EVERYBODY'S COMFORTABLE WITH CHAIR.
I THINK THAT THE 30 DAYS WE'RE TALKING ABOUT IS TO GIVE COUNSEL ENOUGH TIME TO FULLY EXPLORE THE ISSUES AND BE ABLE TO GIVE US THE NEEDED CONTEXT TO MAKE OUR DECISION.
YEAH, I KNOW THAT, BUT THE OWNER'S COMING BACK IN 30 DAYS IS NOT NO, YOU'RE STILL GONNA BE IN THE SAME PLACE, BUT, OKAY.
[00:50:01]
LET'S GIVE IT A SHOT.COMM SHALU GO, UH, BEFORE WE MAKE A MOTION.
COUNSEL, WOULD YOU PREFER, WOULD, WHAT WOULD YOU PREFER? CAUSE COMING BACK IN APRIL OR MAY.
SO I THINK YOU ALL HAVE TO KIND OF, I I THINK THE CHAIR DOES BRING UP A GOOD POINT.
UH, AS FAR AS, YOU KNOW, THERE'S SEVERAL DIFFERENT FACTORS AT PLAY HERE.
I THINK AS FAR AS FOR MYSELF PERSONALLY, AS FAR AS HOW MUCH TIME I WOULD NEED TO, TO LOOK INTO THE PENDING LAWSUIT AND FIGURE OUT SOME OF THESE OTHER LEGAL MATTERS, I'D BE FINE WITH COMING BACK IN APRIL.
DOES IT MAKE SENSE, PERHAPS TO HAVE THE PROPERTY OWNERS COME BACK KNOWING THAT IT MIGHT JUST BE ME GIVING A REPORT AND PROVIDING SOME TYPE OF STATUS? UM, MAYBE NOT.
SO, YOU KNOW, I'LL DEFER TO YOU ALL AND WHAT YOU ALL THINK IS BEST, BUT CERTAINLY THOSE ARE DIFFERENT THINGS TO CONSIDER AND TAKE INTO CONSIDERATION.
IS EVERYBODY GOOD OR YEAH, GO AHEAD.
COMMISSIONER CAMPBELL? YES, I WILL GO AHEAD AND TRY TO MAKE THE MOTION.
UM, AND JUST REAL QUICK BEFORE I DO, COULD SOMEBODY TELL ME WHAT DATE THE MAY MEETING IS? THE 24TH? 20 FOR MAY, APRIL 24TH? NO, NO, NO.
I'M GOING TO MOTION FOR THAT DATE, UM, JUST TO GIVE US MORE TIME, ESPECIALLY FOR THE PROPERTY OWNERS, SO THAT WAY WE HAVE A MORE SUBSTANTIVE UPDATE, IF THAT'S OKAY.
SO I'M GONNA TRY TO MAKE THIS MOTION, UM, A MOTION TO ADOPT STAFF'S, UH, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE PROPERTY BE PROPERLY SECURED FROM UNAUTHORIZED ENTRANCE WITHIN 45 DAYS.
UM, AND ON THE 46TH DAY, IF COMPLIANCE WITH THAT HAS NOT BEEN MET, UM, DO WE WANT TO ASSESS A CIVIL PENALTY FOR THAT? UM, GOODNESS, I SUPPOSE.
IT MIGHT, YOU MIGHT BE COMFORTABLE WITH THAT.
IN THAT CASE, UM, YOU'LL HAVE TO START YOUR MOTION OVER.
ONCE YOU HAVE THE AMOUNT
SO STARTING OVER WITH THE MOTION, UM, A MOTION TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE PROPERTY BE, THAT THE PROPERTY BE, UM, SECURED FROM UNAUTHORIZED ENTRANCE, UH, WITHIN 45 DAYS ON THE 46TH DAY, IF THE PROPERTY IS NOT SECURED, IMPOSE A CIVIL PENALTY OF A HUNDRED DOLLARS PER WEEK, UM, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
MM-HMM,
UM,
IS THAT PROPERLY STATED FOR THE RECORD? UM, I CAN REPEAT IT IF NEEDED.
SO JUST TO BE, JUST TO BE SURE.
SO IT WAS A MOTION TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE PROPERTY BE SECURED FROM, UH, UH, LEAVE THE ILLEGAL ENTRAN UNAUTHORIZED, UNAUTHORIZED ENTRANCE, SOMETHING LIKE THAT, UH, WITHIN 45 DAYS.
AND IF NO COMPLIANCE BY THAT TIME, THEN ON THE 46TH DAY IMPOSE A PENALTY OF A HUNDRED DOLLARS PER WEEK UNTIL THE PROPERTY IS SECURED.
UH, YOU FURTHER MOVED TO CONTINUE OR POSTPONE THE CASE UNTIL MAY 20? I'M SORRY, WHAT WAS THE, MAY 22ND.
MAY 22ND, UH, TO GIVE LEGAL COUNSEL TIME IN ORDER TO FURTHER INVESTIGATE THE LEGAL ISSUES.
I THINK THAT, I THINK THAT WORKS.
WE HAVE A, WE HAVE A SECOND BY COMMISSIONER SHUGART IF WE DON'T HAVE ANY OTHER COMMENTS OR, YES.
COMMISSIONER FRANCIS CAN HAVE A QUESTION FOR STAFF.
OH, UM, MR. MOORE QUESTION FOR STAFF.
I, I'M A LITTLE CONCERNED ABOUT LEAVING THIS OVER TO THE CLIENT TO FENCE THIS, AND SHE'S ALREADY SAID SHE DOESN'T HAVE A LOT OF BANDWIDTH THERE FINANCIALLY.
IF IT SEEMS LIKE IT'S AT A POINT WHERE WE NEED TO TAKE ACTION AND NOT WAIT ANOTHER 45 DAYS, SO SHOULD WE HAVE, SHOULD WE ELIMINATE THAT PART OF THE, OF THE MOTION AND JUST SAY IMMEDIATELY INSTRUCT CODE TO SECURE THIS FACILITY? WOULD THAT GIVE YOU THE IMPETUS TO MOVE IN AND FENCE THIS AS IT SHOULD BE? I MEAN, WE, WE
[00:55:01]
DON'T NEED AN ORDER TO BOARD AND SECURE THINGS.I MEAN, WE CAN DO IT IMMEDIATELY IF IT'S NOT, YOU KNOW, IF IT'S AN EMERGENCY TYPE THING.
UH, MY CONCERN, I'M NOT TRYING TO IMPEDE PROGRESS HERE, BUT I'M LIKE, WE'RE PUTTING AN ORDER TO FENCE, WE'RE PUTTING A PENALTY ON IT, WE'RE DOING ALL THESE THINGS, BUT I THOUGHT WE WERE CONTINUING IT OR POSTPONING IT TO SEE IF WE CAN EVEN PUT AN ORDER ON THIS BECAUSE OF THE LEGAL, WELL, WE HAVEN'T SITUATION WE THROUGH THE MOTION YET.
SO I HAD KIND OF LOOKED INTO THAT A LITTLE BIT.
AND I THINK AT LEAST AS FAR AS TO MAKE SURE THAT THE PROPERTY IS SECURED.
UM, BUT AS FAR AS ANYTHING BEYOND THAT, THAT'S MORE THAT I WANT, WANNA INVESTIGATE? YEAH.
I MEAN, AS FAR AS I SEE IT LOOKS SECURED.
I MEAN, THEY HAVE THE FENCES UP, THEY HAVE THE BOARDING UP.
UH, I, I REALLY THINK THEY NEED TO STAY ON TOP OF THAT AND, AND MAKE SURE, YOU KNOW, WE'VE HAD PEOPLE HIRE SECURITY, YOU KNOW, THERE'S A LOT OF THINGS, UH, 'CAUSE YOU KNOW, IT'S NOT APDS JOB TO BABYSIT A PROPERTY THAT WE CALL IT AN ATTRACTIVE NUISANCE, YOU KNOW, UNTIL YOU FIX IT UP.
PEOPLE ARE GONNA TAKE ADVANTAGE OF IT.
THEY'RE GOING TO BREAK IN AND ALL THOSE THINGS LIKE THAT.
AND, UH, YOU KNOW, ENDANGERS THE, IF THEY WERE TO START A FIRE, YOU KNOW, UM, ENDANGERS, UH, THE FIRE DEPARTMENT AND UM, YOU KNOW, YOU'RE GONNA BE IN A LAWSUIT FIGHTING OVER RUBBLE, YOU KNOW, ESSENTIALLY IF YOU DON'T TAKE THE SECURITY OF THIS PROPERTY SERIOUSLY, THAT'S JUST A MESSAGE TO THE OWNER.
BUT NO, NO, NO, THAT'S REALLY GOOD.
UM, YOU KNOW, MR. LEO, YOU CAN CERTAINLY HELP IF NEEDED.
'CAUSE YOU'RE CERTAINLY VERY INTERESTED IN THE PROPERTY.
ACCORDING TO YOUR TESTIMONY EARLIER, IF NEEDED TO ASSIST MS. HUGHES
THE FENCING THAT SHE HAS RIGHT NOW, THE, IF YOU COULD PUT, AS ROBERT MOORE MENTIONED EARLIER, YOU COULD PUT BARBED WIRE ON IT.
IF THEY WANNA GET IN, THEY'RE GONNA GET IN.
THE GOOD THING ABOUT THE FENCE SHE HAS RIGHT NOW, IT'S AN ALLY FENCE.
SO YOU CAN SEE IT, YOU CAN SEE THROUGH IT TO THE, TO THE FRONT OF THE PROPERTY.
UH, I'M CONCERNED THAT IF A MORE SECURED FENCE, LIKE A WOODEN FENCE WOULD PUT BE PUT UP, THAT POSSIBLY YOU WOULDN'T BE ABLE TO SEE WHAT THE ACTIVITY IS ON THE OTHER SIDE OF THAT FENCE.
THE OTHER, UH, IMPORTANT THING IS THAT THE OWNER OF THE RESTAURANT ON THE, UH, UM, NORTH SIDE OR THE SOUTH SIDE OF THE PROPERTY, I'VE BEEN IN CONTACT WITH HIM.
I'VE ASKED HIM, I'VE GIVEN HIM MY CARD TO CONTACT ME IF HE SEES ANY ACTIVITY ON HIS PARKING LOT SIDE.
SO THE ONLY THING THAT I WOULD SUGGEST TO THE OWNER THAT THEY COULD DO TO MAKE SURE THE PROPERTY IS A LITTLE BIT MORE SECURE IS THAT THEY'RE OPEN LIKE ANY OTHER PROPERTY OWNER IN, IN THE CITY, IS TO GET A-C-T-N-A CRIMINAL TRESPASS NOTICE FROM THE AUSTIN POLICE DEPARTMENT.
THE INS, THE DR FOR THAT AREA IS ANDRE BLACK.
HE'S MORE THAN WELCOME TO TAKE THAT INFORMATION.
YOU GET A CTN, THEY WILL PROBABLY GIVE A WARNING TO ANYONE THEY SEE ON THE PROPERTY, DOESN'T BELONG ON THE PROPERTY THE NEXT TIME THEY WILL ARREST THAT PERSON.
SO THAT'S ONE OF THE OPPORTUNITIES THE OWNER HAS AT THEIR DISPOSAL.
AS MR. MOORE MENTIONED EARLIER, CITY OF AUSTIN, UH, POLICE DEPARTMENT IS NOT A PRIVATE SECURITY.
THEY DO THE BEST THEY CAN, AND REALLY IT TAKES THE COMMUNITY TO SECURE ANY PROPERTY NO MATTER WHERE IT IS IN THE CITY.
AND IF, IF THEY CONTACT YOU, I SUPPOSE YOU COULD TELL THEM THAT AGAIN REGARDING THAT CTN UM, COMMISSIONER SELIG, DID YOU HAVE ANYTHING ELSE? NO.
COMMISSIONER FRANCIS ADDRESSED THE ISSUE I WANTED TO BRING UP.
SO CHAIR, ACTUALLY I COUNSEL POINT OF CLARIFICATION, I HAVE THE QUESTION FOR OUR INSPECTOR, UH, INSPECTOR, JUST JUST TO CLARIFY, SO THE PROPERTY IS, IS STILL SECURED.
IT'S NOT THAT THE FENCE WAS IN DISREPAIR OR, OR THAT THERE WAS THAT'S CORRECT.
AN ISSUE WHERE IT WAS REMOVED.
IT, IT'S ONE OF THOSE TEMPORARY FENCES THAT IT SITS ON PEDESTALS ON TWO DIFFERENT POINTS ON EACH SEGMENT OF THE FENCE.
AND SO THE TIMES I'VE COME BY WHERE IT'S BEEN OFF THE PEDESTAL, IT'S BEEN LEANING OVER, I'VE BEEN ABLE TO PUT IT BACK ON.
SO, AND THE LAST TIME I DID IT, I HAD PUT SOME ZIP TIES AROUND IT, SO THEY COULDN'T, OF COURSE THEY'LL USE A KNIFE AND CUT THOSE, BUT I HAVE PLENTY OF ZIP TIES AND, AND LIKE I SAID, I GO BY THERE AT LEAST, UH, THREE TO FOUR TIMES A WEEK.
SO, UH, WE HAVE AN INSPECTOR, THE NEW INSPECTOR ON THE SITE ON THAT, ON FOR THAT AREA WHO'S GONNA HANDLE THAT PROPERTY.
AND HE'S BEEN BY THERE WITH ME.
HE'S WELL AWARE OF THE PROPERTY.
SO, UH, YEAH, THAT FENCE TO ME IS, IS FINE.
LIKE I SAID, TO PUT A SOLID FENCE THERE, IT WILL ELIMINATE THE, THE VISUAL ASPECT THAT EVERYBODY IN THE COMMUNITY THAT DRIVES DOWN MAINOR ROAD OR GOES UP SWEENEY LANE WOULD BE ABLE TO SEE THAT PROPERTY AND IT, AND HE, HE COULD TESTIFY TO THAT.
HE LIVES OR HE HAS PROPERTY RIGHT ACROSS THE STREET.
[01:00:01]
FROM THREE DIFFERENT VANTAGE POINTS.SO IN LIGHT OF ALL THAT INFORMATION, THIS MOTION HAS TO BE MORE SPECIFIC AS TO WHAT WE'RE TALKING ABOUT THEN, IF IT'S ALREADY SECURE.
IS IT, DO WE NEED TO LOOK INTO THE LANGUAGE A LITTLE BIT MORE? ARE THE WINDOWS AN ISSUE? YOU KNOW, YES.
COMMISSIONER OLUGO AND COMMISSIONER CAMPBELL, I THINK THIS ORDER IS FINE AS IS BECAUSE IF THIS ORDER IS ALREADY SECURED, THEN THEY'VE ALREADY PASSED IT AND YOU KNOW, IT, IT'S JUST SOMETHING THEY HAVE, THEY'D HAVE TO KEEP DOING.
SO I, I THINK THE ORDER IS STILL RELEVANT, MAYBE LESS, UH, PRESSING IF IT'S ACTUALLY SECURE.
BUT I THINK PUTTING THIS ORDER NOW, ACCEPTING THE, UH, THE, UM, THE FINDINGS, INCLUSIVE LAW, AND THEN REVISITING THIS IN MAY IS A, IS I THINK, UM, GETS SOMETHING DONE RIGHT NOW AND THEN ALLOWS, IS TO REVISIT THE FULL CASE IN THE FUTURE AS WE GET MORE INFORMATION.
UM, COMMISSIONER CAMPBELL, UH, I WAS GOING TO QUICKLY OFFER, I I, I DO AGREE WITH, UM, COMMISSIONER OLUGO ON THAT, BUT I WAS GOING TO OFFER, UH, POTENTIALLY CHANGING THE LANGUAGE TO SAY MAINTAIN SECURITY OF THE PROPERTY AS OPPOSED TO ACTIVELY SECURE IT.
I THINK THAT WOULD MAKE MS. HUGHES FEEL BETTER.
IN PART, JUST TO MAKE IT CLEAR THAT THIS WOULD MEAN MOSTLY KEEPING THE FENCE AS IS AND IN GOOD CONDITION.
UM, WOULD I BE ABLE TO AMEND THAT LIKE THAT? OR WOULD I NEED TO ACCEPT A FRIENDLY AMENDMENT? UH, NO, YOU WOULD BE ABLE TO, I DON'T BELIEVE THERE, UH, HAS THERE BEEN, I DON'T BELIEVE THERE'S BEEN A VOTE.
SO YOU CAN AMEND YOUR, YOUR MOTION IN THAT CASE.
I WILL AMEND THE MOTION TO SAY, MAINTAIN THE SECURITY OF THE PROPERTY AS OPPOSED TO ACTIVELY SECURING IT SECOND.
UM, SO I'LL GO AROUND AND CALL THE VOTE, AND I DO APOLOGIZE, COUNSEL.
SO IT WILL BE TO JUST MAINTAIN, SO WE'RE REMOVING THE 45 DAY LANGUAGE.
IT'S A MOTION TO MAINTAIN THE SECURED OR THE, THE, THE FENCING OF THE PROPERTY? YES.
AND THERE WE'LL HAVE TO SAY UNTIL THE NEXT MEETING, DON'T WE? YES.
UNTIL, UM, UNTIL THE CASE RETURNS NOW, UNTIL MAY 22ND, THERE WOULDN'T BE ANY PENALTIES EITHER.
WOULD THERE? THERE WOULD NOT BE ANY.
AND THAT'S, THAT'S WHY I WANTED TO CLARIFY, BECAUSE IF IT'S SIMPLY TO MAINTAIN, WE REMOVE THE 45 DAY LANGUAGE AND WE WOULD ALSO REMOVE THE PENALTY.
AND IF YOU, YOU MIGHT WANNA RESTATE THE WHOLE THING.
IT'S JUST I REALIZED THE PENALTY WAS STILL KIND OF, IT WASN'T CLEAR WHAT WAS GONNA HAPPEN WITH THAT.
THAT IS ABSOLUTELY REASONABLE.
UM, IN LIGHT OF THAT, UH, I WANNA CLARIFY THAT MY MOTION IS TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER OF THE PROPERTY TO MAINTAIN SECURITY OF THE PROPERTY UNTIL OUR MAY 22ND MEETING, AND TO CONTINUE THIS CASE OR POSTPONE IT UNTIL THAT MAY 22ND MEETING SO THAT COUNSEL CAN PROVIDE FURTHER THE GUIDANCE.
I'LL GO AROUND AND CALL THE VOTE.
I'M IN FAVOR, COMMISSIONER SUGAR.
AND KA, I'M IN FAVOR, CAMAD A.
IMAGINE IF AFTER ALL THAT TIME TRYING TO PUT THE MOTION, IT FAILED
OH, NO, WE WOULD'VE BEEN HERE TILL LIKE 11
I WANT, I WANT BE HERE FOR A COUPLE MORE HOURS.
THANK YOU, COURT INVESTIGATOR, AND THANK YOU MR. LEO.
YOU'LL GET THE COPY OF THIS ORDER IN THE MAIL.
I DON'T KNOW, AM I, CAN YOU HEAR ME? OH, YES, YES.
AND GOOD LUCK WITH YOUR COURT CASE.
I DIDN'T KNOW IF I STILL MUTED OR NOT.
I JUST, YOU KNOW, IT'S HARD KEEPING THAT, UH, I DON'T KNOW HOW TO KEEP PEOPLE, UH, DO I NEED TO, UH, GO SLEEP OUT THERE MYSELF? TELL THE PEOPLE TO LEAVE
MR. ADAMS WAS GIVING YOU A SUGGESTION SO YOU CAN FOLLOW UP WITH HIM AFTER TONIGHT AND HE'LL TELL YOU THAT SUGGESTION AGAIN.
ANDRE, I CALLED ANDRE BLACK AND THAT WHEN HE MENTIONED THAT NAME, HE DIDN'T RETURN MY CALL.
I CALLED THE POLICE AND THEY SAY, I NEED TO BE THERE.
OKAY, WELL, I'M SORRY TO HEAR THAT.
YOU HAVE TO ASK YOU, I, HOW THE POLICE SYSTEM WORKS UP THERE.
[01:05:01]
THEY SAY, WELL, I SEE SOMEBODY WALKING AND STOP.IT'S LIKE, WHAT ARE YOU DOING? THEY NOT, IF, IF IT'S A FENCE AROUND THE PLACE, THEY'RE NOT SUPPOSED TO BE IN THERE.
BUT THEN THEY SAY, CAN I, WELL, POLICE SAY, DEPARTMENTS SAY, CAN I BE THERE? I I NEED TO BE THERE.
SO I I, I JUST GOT MY HANDS TIED IN THIS SITUATION, MS. HUGHES, THAT WE'RE, WE'RE TOTALLY SYMPATHETIC TO YOUR SITUATION.
AND LET MR. LEO HELP YOU, OKAY? OKAY.
[3. Case Number: CL 2023-128650 ]
UM, ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 20 23 1 2 8 6 5, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 76 0 3 B INVOL COVE.THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED.
THE CASE WAS OPENED IN JULY, 2021 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OF READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G, AND THE RECOMMENDED ORDER CODE INSPECTOR LATASHA PATERNO IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LATASHA PATERNO AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
CO COMPLIANCE, THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A SINGLE FAMILY RESIDENCE LOCATED AT 7 6 0 3 BAINVILLE COVE, AUSTIN, TEXAS.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS SANDERS JOE WILLIAM OF 7 6 0 3 BAINVILLE COVE, AUSTIN, TEXAS.
THE CASE ORIGINATED ON OR ABOUT 19 JULY, 2021 WITH THE 3 1 1 COMPLAINT FOR TALL WEEDS AND GRASS, STRUCTURAL DETERIORATION AND DANGEROUS CONDITIONS AT THE FRONT OF THE PROPERTY.
THE INITIAL NOV WAS SENT ON 19 JULY, 2021 FOR THE DISREPAIR OF THE EXTERIOR WALLS.
INSPECTOR EDDIE HOLLAND WROTE TWO ADMINISTRATIVE CITATIONS AND CONDUCTED SEVEN FOLLOW-UP INSPECTIONS WITH NO COMPLIANCE IN OCTOBER, 2022.
I RECEIVED THE CASE AS A TRANSFER IN DECEMBER OF 22.
IN ADDITION TO THE VIOLATION FOR THE EXTERIOR WALLS BEING IN DISREPAIR, I OBSERVED THE SOFFIT AND FASCIA IN DISREPAIR, A HOLE IN THE ROOF AND A BROKEN GARAGE DOOR.
ON DECEMBER 3RD, 2022, I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE NEW VIOLATIONS.
A MORE RECENT UPDATED NOTICE OF VIOLATION WAS MAILED ON DECEMBER 11TH, 2023.
DURING MY TIME AS THE CASE OFFICER, I'VE CONDUCTED 13 FOLLOW-UP INSPECTIONS.
AT VARIOUS TIMES, I'VE ATTEMPTED TO CONTACT THE PROPERTY OWNER USING AVAILABLE PUBLIC INFORMATION, KNOCKING ON THE DOOR AND SPEAKING WITH THE NEIGHBORS TO ASCERTAIN THE TIME OF DAY.
THEY'VE SEEN THE OWNER ALL WITH NO SUCCESS.
AS OF SEVEN MARCH OF 2024, THE VIOLATIONS HAVE NOT BEEN CORRECTED AND HAVE WORSENED.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
UM, THE ADDRESS SPECIFICALLY IS RIGHT ABOVE THE GARAGE DOOR.
AND FROM THIS CONTEXTUAL PICTURE, YOU CAN SEE THAT THE GARAGE DOOR IS BROKEN AT THE LOWER HALF.
NEXT EXHIBIT, NEXT PHOTO, PLEASE.
UM, THIS IS A PHOTO OF THE SOFFIT AND FASCIA RIGHT IN FRONT OF THE FRONT DOOR OF THE PROPERTY.
THIS IS RIGHT AT THE FRONT PATIO.
YOU CAN SEE THE WALL DETERIORATION, UM, AND THE BROKEN SIDING.
THIS IS THE NORTH SIDE OF THE HOME.
YOU CAN SEE THE DETERIORATION AND ROTTED WOOD SIDING.
NEXT PHOTO EXHIBIT TWO E IS A UP CLOSE PHOTO OF THE REAR SOFFIT AND FASCIA OF THE PROPERTY WITH THE SOFFIT AND FASCIA BEING ROTTED AND DETERIORATED AND OPEN TO RODENTS AND PESTS.
[01:10:01]
EXHIBIT TWO F.THIS IS A PHOTO FROM, UH, THE SAME SIDE OF THE HOUSE WHERE YOU CAN SEE THE CONTINUED ROTTING AND DETERIORATION OF THE SIDING IN ADDITION TO A HOLE IN THE ROOF.
NEXT EXHIBIT TWO G IS THE ELECTRICAL BOX, WHICH IS TRI, WHICH IS, UM, FALLING AWAY FROM THE EXTERIOR OF THE PROPERTY.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS, 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 IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $420 PER WEEK.
THEY'LL 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 THIS, THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT, UH, STAFF'S EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO G, WHICH ARE THE PHOTOGRAPHS.
UM, I BELIEVE WE HAVE MR. SANDERS HERE TONIGHT BY ATTENDING BY PHONE.
CAN YOU DO A STAR SIX, PLEASE? UH, MR. SANDERS, CAN YOU HEAR US? YOU'LL NEED TO DO STAR SIX TO UNMUTE.
UM, WE ARE READY TO HEAR WHAT YOU'D LIKE THE COMMISSIONERS TO KNOW REGARDING YOUR PROPERTY AND THIS, UM, NOTICES THAT YOU RECEIVED.
UM, I TRIED TO GET ESTIMATES IN EARLY 21 AFTER THE FIRST NOTICE.
AFTER THE FIRST NOTICE WAS LEFT, UM, OF COURSE THAT WAS PANDEMIC AND THE SUPPLY CHAIN WAS WAY OFF.
UM, I WAS ONLY ABLE TO GET ONE COMPANY TO COME OUT AND EVEN TAKE A LOOK TWO MORE, CALLED BACK AND SAID THEY WERE NOT TAKING ANY NEW JOBS.
UM, THE ONE ESTIMATE I GOT WAS VERY HIGH, SO I DECIDED TO WAIT A WHILE AND SEE IF, SEE IF THINGS WOULD SETTLE DOWN A LITTLE BIT IN THE MARKET.
UH, IN THE MEANTIME, UH, LATE, UH, LATE 22.
UH, I HAD A PRETTY SEVERE MEDICAL CRISIS WOUND UP IN THE HOSPITAL IN FEBRUARY OF 23, AND WAS THERE FOR A COUPLE OF MONTHS, AND THEN WAS GETTING, UH, OUTPATIENT REHAB, UH, AND, AND WOUND CARE.
THE WOUND, MY SURGICAL WOUND DIDN'T HEAL UNTIL LAST NOVEMBER, ALMOST A YEAR.
UM, AND SO I'VE BEEN UNABLE TO REALLY GET ON TOP OF THIS AT ALL.
UM, IN THE LAST MONTH OR SO, I'VE BEEN IN TOUCH WITH, UH, THE TRUSTEE ON A TRUST FUND THAT MY FATHER LEFT ME WHEN HE PASSED AWAY WAY, WHICH, UH, WITHOUT GOING INTO TOO MUCH DETAIL, HAS A LOT OF RESTRICTIONS ON IT.
I HAVE TO ASK THE TRUSTEE FOR MONEY.
UH, AND THE TRUSTEE THAT I'M WORKING WITH NOW IS, DOESN'T SEEM TO WANT TO HELP ME WITH THE HOUSE.
THE, THE TRUSTEE THAT WAS ON IT TWO YEARS AGO BEFORE HE LEFT, HE WAS OKAY WITH IT AND JUST WANTED THREE ESTIMATES BEFORE THEY COULD PAY OUT ANY MONEY.
SO, UH, BUT THE NEW TRUSTEE ON IT, UH, IS RELUCTANT TO, TO DEAL WITH THIS AND IS ACTUALLY SUGGESTED THAT I JUST, I MAY JUST HAVE TO SELL THE HOUSE.
UM, SO I'M, I'M KIND OF AT A LOSS YET.
THIS, I, I EMAILED HER LAST WEEK ABOUT THIS HEARING, AND SHE'S OUT OF OFFICE, SO SHE DOESN'T EVEN KNOW ABOUT THIS YET.
BUT I'M HOPING WITH THIS ON THE PLATE, SHE MAY CHANGE HER MIND OR CHANGE HER TUNE AND ACTUALLY HELP ME TAKE CARE OF THESE VIOLATIONS, UH, WITHIN, YOU KNOW, REASONABLE AMOUNT OF TIME.
I DON'T KNOW IF 45 DAYS WILL BE ENOUGH TO GET, GET MYSELF TOGETHER AND GET THE HOUSE TOGETHER, BUT, UM, THAT'S, THAT'S, THAT'S WHERE I STAND RIGHT NOW.
SO, WELL, FIRST OF ALL, I HOPE THAT YOU ARE ON THE MEND, YOU KNOW, FEELING BETTER AFTER ALL THAT PRETTY MUCH
[01:15:01]
I THINK THE THING THAT WE WOULD LIKE TO KNOW IS WHAT KIND OF TIMEFRAME DO YOU THINK, IF YOU THINK THAT THE 45 DAYS MIGHT NOT BE SUFFICIENT FOR YOU TO GET THE FUNDS TOGETHER AND GET THE CONTRACTORS INVOLVED TO HELP YOU WITH THE REPAIRS, UM, YOU KNOW, WHAT KIND OF TIMEFRAME DO YOU HAVE IN MIND? UH, I'M HONESTLY NOT SURE WHEN SHOULD BE BACK IN THE OFFICE.HER OUT OF OFFICE MEMO DID NOT SAY WHEN SHE'D BE BACK, SO I DON'T KNOW WHAT KIND OF, YOU KNOW, WHAT KIND OF TIME IS INVOLVED THERE.
BUT, UH, UH, THERE'S ALSO, THERE ARE ALSO ISSUES ON THE INSIDE OF THE HOUSE THAT NEED TO BE TAKEN CARE OF.
AND, UH, I THINK IN ORDER TO BE ABLE TO DO ALL OF THIS, I'M GONNA PROBABLY HAVE TO MOVE OUT OF THE HOUSE AT LEAST TEMPORARILY, UH, IN ORDER THAT THEY CAN GET WORK ON THE, ON THE, YOU KNOW, THE WALLS, THE FLOORS, UH, THERE'S PLENTY THAT NEEDS JUST TO BE UPDATED, BUT THERE ARE ALSO, UM, SOME ISSUES FROM PREVIOUS LEAKS AND WHATNOT THAT NEED TO BE DEALT WITH BEFORE ANYBODY CAN REALLY MOVE BACK IN THERE.
WELL, YOU DON'T HAVE ANY INTENTION, JUST SO I'M, I'M THINKING, I'M THINKING MAYBE, YOU KNOW, 45 DAYS MAYBE MAY NOT BE ENOUGH.
UHHUH
UH, IT'S LIKELY GONNA TAKE, UH, YOU KNOW, MORE THAN ONE CONTRACTOR TO GET, TO GET THROUGH THIS, UH, AND GET ESTIMATES AND WHATNOT.
SO, YOU KNOW, I DON'T, I HONESTLY DON'T KNOW.
I'M, I'M NOT FAMILIAR WITH HOW ALL OF THIS WORKS.
I'VE NOT DONE ANY KIND OF WORK LIKE THIS BEFORE ON THE HOUSE.
SO, UM, I'M GONNA HAVE TO SEE WHAT THE, WHAT THE CONTRACTORS HAVE TO SAY AND, UH, WHETHER OR NOT I CAN GET MONEY FROM THE TRUST TO, TO TAKE CARE OF IT.
UH, MY ONLY OTHER OPTION IF, IF I CAN'T GET MONEY FROM THE TRUST, MY ONLY OTHER OPTION REALLY IS TO SELL IT DISTRESSED TO ONE OF THE, YOU KNOW, UGLY HOUSE PEOPLE AND JUST TAKE WHAT I CAN GET THAT WAY.
BUT, UH, I'D REALLY RATHER NOT DO THAT, AS YOU CAN PROBABLY UNDERSTAND.
UM, COMMISSIONER CAMPBELL, YOU HAD A QUESTION? UH, YEAH.
SO MY QUESTION IS, UM, FOR THE, FOR THE OWNER, JOE SANDERS.
UM, SO IF I HEARD YOU CORRECTLY, IT SOUNDS LIKE THE PROBLEM ISN'T NECESSARILY THAT YOU DON'T HAVE THE FUNDS, BUT RATHER THAT IT'S IN THIS TRUST AND THAT THE CURRENT TRUSTEE IS NOT AS RESPONSIVE OR HELPFUL WITH THIS PARTICULAR ISSUE AS THE PREVIOUS TRUSTEE WAS.
I JUST WANTED TO CLARIFY THAT BECAUSE JU JUST IN LIGHT OF THAT, UH, WELL, I, I, I, JUST AS A FOLLOW UP QUESTION, IS THERE ANYTHING ABOUT THAT TRUST THAT WOULD, I MEAN, TO YOUR KNOWLEDGE, PREVENT IT FROM BEING USED TO, UH, FUND REPAIRS ON THIS PROPERTY? LIKE, IS, IS THERE A JUSTIFICATION THAT THE TRUSTEE, I MEAN, THAT THE, THE TRUSTEE IS GIVEN AS TO WHY THOSE FUNDS HAVEN'T BEEN USED FOR THIS PURPOSE? UM, IT'S A, TRYING TO MAKE A LONG STORY SHORT, THE TRUST WAS WRITTEN WHEN MY SISTER AND I WERE KIDS.
SO, UH, IT, IT SPECIFIED CERTAIN THINGS THAT WERE OKAY, EDUCATION, HEALTHCARE, THAT KIND OF STUFF.
UM, AND TO HER MIND, TO THE NEW TRUSTEE'S MIND, THIS, THIS HOUSE REPAIR DOES NOT FALL UNDER ANY OF THOSE, UH, CONDITIONS.
AND HER ONE REMARK TO ME WAS THAT THE, THE TRUST, IT'S NOT, THE HOUSE IS NOT AN ASSET OF THE TRUST, SO THE TRUST CAN'T FIX IT.
UM, SO I'M GONNA, I'M GONNA TRY TO GET IN TOUCH WITH HER, SEE WHEN SHE GETS BACK INTO TOWN IN SAN ANTONIO AND, UH, BACK IN THE OFFICE AND SEE IF I CAN'T CHANGE HER MIND.
I'M NOT HAVING A WHOLE, WHOLE LOT OF GOOD LUCK WITH HER ON THIS.
SO I'M, I'M, I'M EMAILED HER ABOUT THIS HEARING AND THE POTENTIAL FOR, YOU KNOW, FINES, PENALTIES, PLUS INTEREST AND WHATNOT.
SO I'M HOPING MAYBE SHE'LL FIND HER WAY THROUGH TO LETTING ME USE SOME OF THE MONEY FROM THE TRUST TO TAKE CARE OF THIS.
THANK YOU FOR THAT CLARIFICATION.
UM, I, I, I, I DID JUST WANNA ASK ALL OF THAT TO JUST GIVE THAT INFORMATION TO THE COMMISSION BECAUSE I, I, I THINK OUR DECISION MIGHT BE A LITTLE BIT DIFFERENT IF, IF, YOU KNOW, OUR ORDER COULD POTENTIALLY ENCOURAGE THE TRUSTEE TO DO SOMETHING AS OPPOSED TO POTENTIALLY IF, IF THAT MONEY MIGHT BE BOUND UP BY THE, BY THE RULES OF THE TRUST ITSELF.
UM, IT LOOKED LIKE MELANIE ALLEY HAD SOMETHING TO SAY.
PARDON? SAID FOR THE OWNER, I UNDERSTAND THIS PROPERTY IS HOMESTEADED AND I, WE WEREN'T REALLY SURE IF THERE'S ANYONE LIVING IN THE, ON THE PROPERTY OR NOT.
COULD YOU CLARIFY THAT FOR ME? UM, I'M, I'M NOT LEAVING THERE RIGHT NOW.
UM, WE
AND, UM, AFTER, I DON'T KNOW, WEEKS AND WEEKS OF LAB TESTS, UM, AND THERE IS, THERE IS SOME MOLD DAMAGE IN THE HOUSE THAT,
[01:20:01]
UM, I'M, IT PROBABLY WAS NOT THE CAUSE OF MY INFECTION, BUT I'M NOT SURE I WANNA TAKE A CHANCE, YOU KNOW, KNOW WHAT I MEAN? UH, SO YEAH, I'VE BEEN, I'VE BEEN ACTUALLY RENTING A HOTEL ROOM SINCE, SINCE I GOT OUTTA THE HOSPITAL.YOU WERE LIVING THERE PREVIOUSLY THOUGH, UNTIL YOU WENT INTO THE HOSPITAL? YES, YES, YES.
I'VE LIVED THERE SINCE I, I BELIEVE I BOUGHT IT IN AROUND 2000, SOMETHING LIKE THAT.
SO, YES, UP UNTIL, UP UNTIL UP UNTIL THE MEDICAL THING I WAS, I WAS LIVING THERE BY MYSELF.
UM, I, I THINK, YES, I, I HAD THE SAME CONCERNS REGARDING THE, WHETHER THE FUNDS WERE TRULY, YOU KNOW, AVAILABLE AND HOW SOON COULD THEY BE AVAILABLE, OR WHETHER IT WAS JUST MORE IN DISPUTE.
SOUNDS LIKE IT'S STILL IN, IN DISPUTE TO SOME EXTENT.
SO, UM, EITHER WAY, THE REPAIRS DO NEED TO BE DONE.
UM, YES, AND MR. SANDERS HAS AGREED WITH STAFF ON THAT AND THAT HE WISHES TO DO THAT, BUT IF NOT POSSIBLE, THEN THE LAST RESORT WOULD BE TO STAFF.
SO WE JUST NEED TO EXACTLY, YEAH.
UM, IF THE, THE TRUST WERE TO NOT, THE TRUSTEE WAS TO NOT PROVIDE THE FUNDS FOR THIS TYPE OF EXPENSE, WOULD YOU THEN BE ABLE TO FIND FUNDS IN A DIFFERENT WAY TO DO THE REPAIRS? I DON'T THINK SO.
UH, WITH, WITH THE MEDICAL THING, I WORK HAS BEEN SLOW EVER SINCE THE PANDEMIC.
AND THEN WHAT, SINCE I'VE BEEN IN THE HOSPITAL, I HAVE BASICALLY BEEN OUTTA WORK FOR THE LAST YEAR.
SO, UM, THE TRUST HAS ACTUALLY BEEN KEEPING ME AFLOAT WITH BILLS AND GROCERIES AND WHATNOT, AND MY MEDICAL INSURANCE.
BUT, UM, SHE DOESN'T WANNA SEEM TO SPEND ANY OF ON THE HOUSE, SO I'M GONNA HAVE TO TRY TO OKAY.
I NOT ARGUE WITH HER, NOT ARGUE WITH HER, BUT TRY TO CONVINCE HER THAT, UM, THIS IS IN MY BEST INTEREST.
AND, YOU KNOW, SHE'S, SHE'S CITING HER FIDUCIARY INTEREST AND I'M, I'M WONDERING IF HER FIDUCIARY INTEREST IS TO THE MONEY IN THE BANK OR TO ME? YEAH.
THIS IS BEYOND THE SCOPE OF OUR, I'M GONNA, I'M GONNA, IT'S, I'M GONNA TRY TO PUT THAT TO HER, PUT IT TO HER THAT WAY, AND SEE IF SHE CAN FIND HER WAY THROUGH TO LETTING ME GET SOME OF THAT MONEY TO TAKE CARE OF THE PROBLEMS WITH THE HOUSE.
BUT IF NOT, THEN WE'LL HAVE TO SEE WHAT HAPPENS.
AND DO YOU BELIEVE THAT IF YOU WERE TO HAVE AN ORDER SHOWING THAT, UH, THE PROPERTY IS IN FACT IN DISREPAIR AND THAT YOU WOULD INCUR FINES, DO YOU THINK THAT MIGHT PERSUADE YOUR TRUSTEE? I'M, I'M, THAT'S ONE OF THE THINGS I'M HOPING THAT, THAT WILL HELP HER, YOU KNOW, UNDERSTAND THAT IF YOU DON'T GIMME THIS MONEY NOW, IT'S JUST GONNA COST ME A WHOLE LOT MORE.
AND THIS IS NOT IN ANYBODY'S FIDUCIARY INTEREST AND PLEASE.
I'M GONNA HAVE TO GO, GO TO HER ON MY KNEES, I SUPPOSE.
AND, UM, YEAH, UM, COMMISSIONER CAMPBELL, GO AHEAD.
UH, I WOULD ALSO LIKE TO POINT OUT, UM, WE, WE, WE ALWAYS HAVE LIKE CERTAIN RESOURCES, UM, THAT ARE TYPICALLY, THAT ARE TYPICALLY LIKE PASSED ON WITH THE, UM, UH, ORDERS AND WITH THE NOTICE OF VIOLATION.
UM, I BELIEVE ONE THING IS THE AUSTIN AREA URBAN LEAGUE.
UH, WE'VE SEEN PEOPLE, UM, REACH OUT TO THEM.
I DON'T KNOW IF THEY COULD NECESSARILY HELP YOU HERE, BUT I WOULD JUST SUGGEST, UM, UH, POTENTIALLY CONTACTING THEM AS A, AS ANOTHER POSSIBLE, UH, WAY TO RECEIVE FUNDS.
UM, AGAIN, THAT'S THE AUSTIN AREA URBAN LEAGUE.
YES, I THINK THE OTHER RESOURCES ARE LISTED IN THE NOTICES THAT YOU RECEIVED.
IF YOU WANT TO TAKE A LOOK AT THE NOTICES, UM, WELL BLESS YOU.
UM, I'M PROBABLY, OH, COMMISSIONER, SELL, GO AHEAD.
WELL, I MOVE TO CLOSE THE HEARING AND ADOPT THE STAFF'S REC PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.
I MOVE TO CLOSE THE MEETING SECOND.
WE HAVE A SECOND FOR CLOSING THE MEETING.
DO WE HAVE A SECOND? THERE'S A HEARING, NOT THE MEETING, I BELIEVE PER COUNSEL'S RECOMMENDATION THAT WE WOULD SEPARATE THOSE TWO MOTIONS.
DO YOU WANT TO SEPARATE OUT THE MOTIONS, COMMISSIONER SIG TO DO THE CLOSING OF THE PUBLIC HEARING FIRST AND THEN IF THAT'S, THAT'S WHAT COUNCIL PREFERS JUST TO KEEP EVERYTHING CLEAN.
THEN THAT'S WHAT I PROPOSE TO DO.
IF THAT'S WHAT THE COUNCIL WANTS, THAT'S ANOTHER ONE.
WE HAVE, I'M JUST LOOKING AT THE, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.
SECOND, UM, IF I DON'T HEAR ANY OBJECTIONS, WE'LL GO AHEAD AND CLOSE THE PUBLIC PART OF THE HEARING.
SO, UM, YEAH, MR. SANDERS BE ON STANDBY.
WE'RE GOING TO MAKE A DECISION SOON.
SO, COMMISSIONER SIG, DO YOU WANNA GO AGAIN?
[01:25:01]
YES, I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.WE HAVE A SECOND BY COMMISSIONER OLUGO.
AND I'M GOING TO GO AROUND THE ROOM 'CAUSE I THINK WE'RE ALL READY.
COMMISSIONER OLUGO, HOW DO YOU VOTE ON THAT MOTION? AYE.
COMMISSIONER CAMPBELL? AYE, UH, COMMISSIONER FRANCIS NA AND I'LL COME BACK TO MYSELF.
UM, I WOULD RELUCTANTLY SAY YES, UH, I'LL VOTE YES AS WELL.
'CAUSE I THINK THIS MIGHT HELP ULTIMATELY.
WE HAVE A, WE HAVE A MAJORITY.
MR. SANDERS, THE, THE ORDER IS GOING TO BE MAILED TO YOU AND IT'S GOING TO SAY THAT YOU'RE TO DO THE REPAIRS WITHIN THE 45 DAYS.
UM, MAYBE YOU PRESENT THAT TO THE TRUSTEE AND SEE IF THAT MIGHT HELP WITH YOUR, UM, OBTAINING THE FUNDS.
AND WE WISH YOU ALL THE BEST WITH, UM, HEALTH.
NOW, UM, CHAIR, I BELIEVE WE DON'T HAVE ANYONE HERE FOR THE NEXT, UM, FOR, FOR ITEM NUMBER FOUR, COULD WE SKIP THAT AND MOVE TO ITEM NUMBER FIVE THAT DOES HAVE PEOPLE HERE PRESENT? YES.
WE'LL MOVE TO, WE WILL, UM, GO TO ITEM FIVE.
[5. Case Number: CL 2024-001905 ]
FIVE ON THE AGENDA IS CASE NUMBER CL 2 2 4 0 0 1 9 0 5, AND IT'S REGARDING THE PROPERTY LOCATED AT 1702 EAST MARTIN LUTHER KING JUNIOR BOULEVARD.THIS CASE CONCERNS TWO UNOCCUPIED RESIDENTIAL STRUCTURES, BOTH WITH SUBSTANDARD CONDITIONS THAT REQUIRE DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN NOVEMBER, 2023 AS A RESULT OF A COMPLAINT, BOTH RESIDENTIAL STRUCTURES ARE VACANT, BOARDED, AND UNINHABITABLE.
THE CONDITION OF THE PROPERTY CREATES AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE SIGHTED VIOLATIONS IN YOUR READERS IN GOOGLE DRIVE FOLDERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO I AND THE RECOMMENDED ORDER CODE INSPECTOR MICHAEL LARNER IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS MICHAEL LARNER AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 1702 EAST MARTIN LUTHER KING, JR BOULEVARD.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS GOODEN REAL ESTATE MANAGEMENT, LLC.
ON AUGUST THE SECOND, 2023, I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 1702 EAST MARTIN LUTHER KING, JR.
BOULEVARD VIA 3 1 1 FOR TRASH AND DEBRIS.
ON AUGUST 2ND, 2023, IT PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS, TRASH AND DEBRIS BOARDED UP DOORS AND WINDOWS, UH, ROOF AND DISREPAIR.
EXTERIOR SERVICES NEEDING WEATHERPROOFING FOUNDATION WITH HOLES, CONS, CONCRETE STEPS THAT WERE CHIPPED, HANDRAIL, DETERIORATION, FALLING DOWN, FENCE AND MISSING PICKETS.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION.
ON NOVEMBER 21ST, 2023 PERFORMED, UH, FOLLOW-UP INSPECTIONS FOR THE MONTHS OF DECEMBER, 2023.
JANUARY, FEBRUARY AND MARCH OF 2024.
I OBSERVED THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED BECAUSE ALL THE VIOLATIONS REMAIN THE SAME.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
IF WE CAN GO TO THE PHOTOS IN PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE HOUSE HERE AT 1702 EAST MARTIN LUTHER KING, JR.
CAN WE GO BACK? CAN WE GO BACK, PLEASE? THERE WE GO.
THIS IS THE, UH, FIRST PHOTO TWO A SHOWING THE BOARDED UP FRONT
[01:30:01]
DOOR AND THE BOARDED UP WINDOW.THE RAILING IS, UH, DETERIORATED AND, UH, COMING APART.
THE STEPS ARE CRACKED AND CHIPPED.
AND THE ROOF, THE, UH, EXTERIOR WOOD, UH, BOARDS UP AROUND THE ROOF LINE IS DETERIORATED AS WELL.
UM, THE FENCE IS PUT UP FOR PRIVACY.
I'LL RELATE THAT IN JUST A MINUTE.
AND ITEM, UH, PHOTOGRAPH TWO B IS ANOTHER PHOTOGRAPH OF THE HOUSE.
YOU CAN SEE THE ROOF IS, UH, DAMAGED WITH THE FACE SHIELD BOARDS.
THE WINDOWS ALONG THE SIDE OF THE HOUSE, WHICH FACES EAST ARE BOARDED UP.
THE FRONT DOOR IS ALSO BOARDED, AND YOU CAN SEE THE STEPS IN THE HAND RAILING.
THIS IS MORE OF A CONTEXTUAL PHOTO OF THE FRONT OF THE HOUSE, SHOWING THE BOARDED UP FRONT DOOR, THE STEPS, THE HAND RAILING, AND THE ROOF.
YOU CAN SEE UP IN THE CORNER, THIS, UH, IS FACING THE WEST SIDE OF THE HOUSE.
UP IN THE CORNER IS THE ROOF THAT'S DAMAGED.
YOU CAN SEE THAT THE CORRUGATED METAL IS STARTING TO SEPARATE, ALLOWING THE WEATHER TO ENTER, UH, ALONG WITH ANY RODENTS AND VERMIN, THE WINDOW IS BOARDED UP.
AND PHOTOGRAPH TWO E IS THE SIDE OF THE HOUSE THAT FACES WEST.
THE ELECTRICAL BOX IS MISSING.
THERE'S NO ELECTRICITY TO THIS HOUSE.
THERE IS A FOUNDATION HOLE DOWN AT THE BOTTOM.
THE CHAIN LINK METAL FENCE IS COMING DOWN, AND THE TREES, THERE WAS A TREE THERE.
THE ONE IN THE FAR BACK HAS BEEN REMOVED, BUT IT WAS ACTUALLY LEANING ON THE HOUSE AT THE TIME.
SOMEONE HAS COME IN AND REMOVED THAT.
AND IN THE DISTANCE YOU CAN SEE A LITTLE BIT OF THE TRASH AND DEBRIS BETWEEN THE TWO HOUSES.
PHOTOGRAPH TWO F IS THE HOUSE THAT'S LOCATED BEHIND THE HOUSE.
THIS IS MORE BACK TOWARDS THE ALLEY.
UH, THIS HOUSE IS ALSO BOARDED UP WINDOWS.
THERE IS NO RAILING FOR THE STEPS.
THE POST IS DETERIORATED AND ROTTED.
THIS IS THE, UH, SAME HOUSE, UM, TOWARDS THE BACK OF THE HOUSE.
ALL THE WINDOWS ARE BOARDED UP.
THE BACK DOOR IS ALSO BOARDED UP THE ROOF, THE FACIA BOARDS ARE MISSING.
THE TREE HAS BEEN CUT DOWN, AND I BELIEVE THERE'S A HOLE DOWN THERE IN THE, IN THE FOUNDATION THAT'S ALLOWING ANIMALS, RODENTS, AND PEST.
TWO H PHOTOGRAPH SHOWS THE ELECTRICAL BOX HAS BEEN REMOVED, THE BACK DOOR HAS BEEN BOARDED UP.
THE EXTERIOR WALLS NEED TO BE WEATHERPROOFED.
AND THE FENCING IN THIS PARTICULAR CASE, THERE WAS TWO OFFENSE REPORTS THAT WAS DOCUMENTED WITH THE AUSTIN POLICE DEPARTMENT.
ONE WAS BACK ON AUGUST THE 11TH OF 2023 FOR ENGAGING IN ORGANIZED CRIME.
THE SECOND ONE WAS JULY 14TH, 2023 FOR A FOUND LICENSE PLATE.
I BELIEVE THIS PROPERTY WAS BEING USED, UH, TO STRIP VEHICLES AT THE TIME, WHICH IS THE REASON FOR THE FENCE, WHICH, UH, WE DID AN EMERGENCY BOARD IN SECURE TO, UH, SECURE THE PROPERTY TO KEEP, UH, CRIMINAL ACTIVITY OUT.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THIS PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
I STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURES AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURES AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS
[01:35:01]
AND DISPOSE OF AS SUCH.B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTEREST SHALL ACCRUE 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 STAFF'S EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH CONTAINS TWO A THROUGH TWO.
I, UM, MARK THE PHOTOGRAPHS AND IT LOOKS LIKE WE HAVE A REPRESENTATIVE FOR THE OWNER OF GOODEN REAL ESTATE MANAGEMENT.
SOMEBODY'S ON THE PHONE, BUT I DON'T KNOW.
IS THAT MR. SOWELL? UH, YES MA'AM.
UM, SO WHAT CAN YOU TELL US ABOUT THIS PARTICULAR PROPERTY AND THE, YOU KNOW, WHAT THE, THE, UH, CITY'S REQUESTING WOULD BE FOR DEMOLITION? SO WHAT DO YOU WANT THE COMMISSIONERS TO KNOW? SURE.
UM, ACTUALLY THERE, THERE'S TWO CASES.
THIS ONE AND THEN THE FOLLOWING ONE, UH, THE PROPERTIES ARE, UM, CONTIGUOUS.
UH, BUT THESE ARE BEING HEARD AS TWO SEPARATE CASES.
WE HAVE, UM, SOLICITED BIDS AND WE HAVE SELECTED A DEMOLITION, UH, COMPANY THAT WILL BE ASSISTING WITH THIS.
WE'RE IN THE PROCESS OF GETTING THE PERMITS FILED HOPEFULLY THIS WEEK.
UM, THE ONE THING THAT WE, WE HAVE CONTACTED TEXAS GAS, UH, TO TERMINATE THE GAS LINES AS REQUIRED FOR THE DEMOLITION INSPECTIONS.
HOWEVER, MY UNDERSTANDING IS THAT THAT COULD BE A SIX TO EIGHT WEEK PROCESS FOR GAS LINE TERMINATION.
SO WE'RE IN THE PROCESS OF GETTING ALL THE REQUESTED PROPERTIES DEMOLISHED.
UM, JUST WANNA MAKE SURE THAT WE HAVE ENOUGH TIME TO GET THOSE GAS LINES CAPPED BEFORE, UH, PROCEEDING WITH DEMOLITION.
UM, WE'RE TAKING THE CASES ONE AT A TIME IT LOOKS LIKE, BUT THAT'S HELPFUL THAT YOU TOLD US THAT YOU ARE THINKING ALONG THE SAME LINES.
UM, SO WHAT DO YOU THINK THE AMOUNT OF TIME WOULD IT TAKE TO FIGURE EVERYTHING IN EVERYTHING NEEDED OUT TO BE ABLE TO MOVE FORWARD? UH, IDEALLY JUST THE LONGEST AMOUNT OF TIME ALLOWABLE BY THE COMMISSION, JUST FOR THE GAS CAP, JUST TO GET 'EM CAPPED.
UM, BUT WE ARE GOING TO BE DEMOLISHING THEM.
UM, WE'RE MOVING FORWARD WITH THIS REGARDLESS, WE AGREE THAT THESE NEED TO BE REMOVED.
UM, BE ON STANDBY 'CAUSE THE COMMISSIONERS WILL HAVE QUESTIONS.
COMMISSIONER CAMPBELL, GO AHEAD.
UM, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.
UM, AND DO WE HAVE ANYBODY OBJECTED TO THAT? NO.
WE'RE CLOSING THE PUBLIC PART OF THE HEARING AND COMMISSIONER CAMPBELL SEEMS TO HAVE A MOTION ALREADY
UM, JUST IN LIGHT OF THE FACT THAT THE OWNERS SEEM TO BE IN TOTAL AGREEMENT.
UM, AND, YOU KNOW, UH, TO MY UNDERSTANDING, IF THEY GET ALL OF THE PERMITS AND STUFF RESOLVED, EVEN IF THEY HAVEN'T FULLY COMPLETED THE DEMOLITION BY THE 90 DAYS, UM, THAT I'M PLANNING ON GIVING THEM, UM, THINGS SHOULD BE FINE IN THAT CASE.
UM, SO WITH THAT, I'D LIKE TO MOTION AT THIS TIME TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND, UH, ADOPT THEIR RECOMMENDED ORDER WITH THE EXCEPTION THAT 45 DAYS BE CHANGED TO 90 DAYS AND THE 46TH DAY BE CHANGED TO THE 91ST.
WE HAVE A MOTION THAT SLIGHTLY MODIFIES THE PROPOSED ORDER.
AND, UM, IT GIVES THE OWNERS 90 DAYS TO MOVE FORWARD WITH THIS, UM, DEMOLITION.
CAN I ASK A QUESTION? OF COURSE.
MR. MOORE, DO YOU THINK THAT, UM, THEY NEED 90 DAYS TO GET THE CAP ON THOSE GAS LINES? HMM, I'M NOT SURE.
I THINK HE SAID SIX WEEKS OR WHAT DID HE SAY? AND THEN DEMOLISH? YEAH, I'M NOT SURE, BUT I'M NOT, I MEAN, IT SOUNDS LIKE, I MEAN, IF HE'S GOT THE PERMITS ROLLING AND, AND THINGS LIKE THAT, IT WON'T MATTER IF IT'S 45 OR 90 TO US.
'CAUSE WE'RE NOT GONNA DO ANYTHING WE'RE GONNA, UNLESS THERE WAS A MAJOR DROP OF PROGRESS, YOU KNOW, I MEAN, IT WAS STAGNANT FOR A VERY LONG TIME.
SO IT'S, IT'S NOT REALLY AN ISSUE FOR US.
I JUST WANTED TO CHECK WITH MR. MOORE.
THAT'S A GOOD QUESTION, COMMISSIONER FRANCIS, GO AHEAD.
YEAH, I THINK JUST AS A REMINDER, OUR CONVERSATION ABOUT THIS IN THE PAST,
[01:40:01]
IT TAKES MONTHS AND MONTHS AND MONTHS FOR THIS TO WORK THROUGH THE PIPELINE.SO THE 45 DAYS KEEPS, IT, KEEPS THEM GOING, BUT IF, IF THEY DON'T, BY THE TIME YOU GUYS DEMOLISH, WE COULD BE SIX MONTHS DOWN THE ROAD, FIVE MONTHS DOWN THE ROAD.
IS THAT, YEAH, IT DOESN'T TAKE US THAT LONG.
ANY ANYMORE, BUT IT'S ABOUT A THREE OR FOUR MONTH DEAL UP TO, BUT IF THEY'RE, IF THEY'RE PULLING PERMITS AND THEY'RE MOVING FORWARD, YOU GUYS AREN'T GONNA GET IN FRONT OF THAT.
YEAH, AND TEXAS GAS CAN TAKE A WHILE.
I MEAN, WE DON'T HAVE, THAT'S OUT OF OUR CITY'S PURVIEW AND THINGS LIKE THAT.
BUT, AND THIS WOULD ALSO BE PRI PRIORITIZED.
I MEAN, WE CAN ONLY DEMOLISH SO MUCH PER YEAR.
UH, I HAVE A BUDGET RIGHT NOW OF $125,000.
I'M TRYING TO GET IT INCREASED.
UH, BUT ALSO THE CONTRACTORS THAT WE USE DO DEMOLITIONS FOR OTHER PARTS OF THE CITY AND OTHER THINGS.
AND SO, YOU KNOW, PROBABLY SIX, SEVEN STRUCTURES MAX IN A YEAR IS WHAT WE CAN EVEN GET TO.
I GUESS MY POINT IS THE 45 DAYS STILL.
SO COMMISSIONER FRANCIS, WOULD YOU BE MORE COMFORTABLE WITH 60 DAYS AS OPPOSED TO 90 IF THEY'RE GOING TO WAIT TO CAP THE GAS LINES AND THEN DO THE DEMOLITION? JUST INFORMATION ON YOUR MOTION.
BUT THE 45 DAYS KEEPS IT GOING.
DOESN'T HE DOESN'T REALLY NEED 90.
YEAH, I'D BE HAPPY TO ACCEPT A FRIENDLY MOTION.
I THINK A FRIENDLY AMENDMENT, BUT I'M FINE WITH KEEPING MY MOTION AS IS.
IT SEEMS LIKE IT DOESN'T AFFECT THINGS TOO MUCH EITHER WAY IN THIS CASE.
LET'S GO TEST THIS MOTION OUT.
DID YOU HAVE SOMETHING ELSE? I RESEND ALL COMMENTS,
SO CAN I ASK A QUESTION OR DID YOU ACCEPT THE, DID YOU ACCEPT THE, UH, FRIENDLY AMENDMENT FOR 45 DAYS? UM, YOU SAID EITHER WAY, SO WOULD YOU GO WITH 45 DAYS? I DON'T BELIEVE THAT THERE TECHNICALLY WAS A FRIENDLY AMENDMENT, BUT I WOULD ACCEPT ONE IF I THINK A MR. FRANCIS IS VERY FRIENDLY, SO I PROPOSE A FRIENDLY AMENDMENT TO MOVE THAT BACK TO 45 DAYS.
I WILL ACCEPT THAT FRIENDLY AMENDMENT.
OKAY, SO THE MOTION, YEAH, I'VE NOTICED THAT COMMISSIONER FRANCIS CAN BE VERY FRIENDLY.
OKAY, SO THE AMENDED MOTION IS TO ACCEPT THE ORDER, THE PROPOSED ORDER AS IS THE RECOMMENDED ORDER WITHOUT ANY CHANGES? YES, THAT IS CORRECT.
AND DO WE HAVE A SECOND ON THAT ONE? SECONDED COMMISSIONER NA DE LUCA.
OKAY, I'LL, I'LL TAKE THE VOTES.
COMMISSIONER, UH, MADAM CHAIR, I DO BELIEVE THAT WAS COMMISSIONER SUE GOT TO, UH, SECOND THAT COMMISSIONER SUGAR.
I NEARLY GOT AWAY WITH GRAND LARCENY THERE.
UM, I THOUGHT I HEARD YOU SAY SOMETHING.
ALL RIGHT, SO WE HAVE A SECOND AS WELL.
SO COMMISSIONER OLUGO, HOW DO YOU VOTE? AYE.
COMMISSIONER SIG, I'M ALSO IN FAVOR AND COMMISSIONER SOAD.
SO EVERYBODY'S, EVERYBODY'S ON THE SAME PAGE, SO WOULD ADOPT THAT ORDER AND, UM, MOVE TO THE NEXT PROPERTY FOR THIS OWNER.
SO I THINK WE CAN DO THAT NOW.
[6. Case Number: CL 2024-001909 ]
SIX ON THE AGENDA IS CASE NUMBER CL 2 2 4 0 0 1 9 0 5 AND IS REGARDING PROPERTY LOCATED AT 1704 EAST MARTIN LUTHER KING JUNIOR BOULEVARD.THIS CASE CONCERNS TWO UNOCCUPIED RESIDENTIAL STRUCTURES AND ACCESSORY STRUCTURES WITH SUBSTANDARD CONDITIONS THAT REQUIRE DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE WAS OPENED IN AUGUST, 2023 AS A RESULT OF A COMPLAINT, BOTH RESIDENTIAL STRUCTURES ARE VACANT, BOARDED, AND UNINHABITABLE.
THE CONDITION OF THE PROPERTY CREATES AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS IN YOUR READERS.
IN GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICE OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO G AND THE RECOMMENDED ORDER CODE INSPECTOR CODE INSPECTOR MICHAEL LARNER IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS MICHAEL LARNER AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
[01:45:01]
PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 1704 EAST MARTIN LUTHER KING, JR BOULEVARD.THE OWNER OF RECORD HAS BEEN IDENTIFIED AS GOODEN REAL ESTATE MANAGEMENT, LLC.
ON AUGUST THE SECOND 2023, I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 1704 EAST MARTIN LUTHER KING, JR.
BOULEVARD VIA 3 1 1 FOR TRASH AND DEBRIS.
ON AUGUST 2ND, 2023, I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS, TRASH AND DEBRIS BOARDED UP DOORS AND WINDOWS, ROOF DAMAGE, EXTERIOR SURFACES THAT NEEDED WEATHERPROOFING HOLES IN THE FOUNDATION, EXPOSED WATER HEATER, HANDRAIL, ROTTED, AND DETERIORATED.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION.
NOVEMBER 21ST, 2023, I PERFORMED FOLLOW-UP INSPECTIONS IN THE MONTH OF DECEMBER, 2023, THE MONTH OF JANUARY, FEBRUARY AND MARCH OF 2024.
I OBSERVED THAT THE VIOLATION HAS NOT BEEN CORRECTED BECAUSE ALL THE VIOLATIONS REMAIN THE SAME.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATION.
AND I'D LIKE NOW TO PRESENT MY PHOTOS.
PHOTOGRAPH TWO A IS A CONTEXTUAL PHOTO OF THE HOUSE LOCATED AT 1704 EAST MARTIN LUTHER KING.
AS YOU CAN SEE, THE WINDOW WAS BOARDED UP.
THE DOOR JUST UP THE STEPS IS ALSO BOARDED UP.
THE RAILING IS STARTING TO DETERIORATE AND FALL DOWN AND THE STEPS ARE CRACKED AND, UH, SHIPPED.
PHOTOGRAPH TWO B IS AGAIN, A CONTEXTUAL PHOTO OF THE HOUSE WITH THE BOARDED UP WINDOWS, THE, UH, ROOF LINE, THE, UH, FACE SHIELD BOARDS ARE MISSING.
YOU HAVE BETTER PHOTOGRAPH OF THE RAILING THAT'S STILL INTACT, BUT IT'S AGAIN, DETERIORATED AND STARTED TO ROT.
PHOTOGRAPH TWO C IS THE HOUSE THAT'S LOCATED BEHIND THE FIRST HOUSE.
THIS HOUSE HAS EXTERIOR WEATHERPROOFING THAT NEEDS TO BE ADDRESSED.
THE STEPS ARE CHIPPED AND CRACKED.
THE RAILING IS DETERIORATED AND FALLING DOWN.
THE SIDE WINDOWS ARE BOARDED UP AND DOWN BELOW.
YOU CAN SEE THE FOUNDATION AS A HOLE IN IT TO ALLOW RODENTS AND GARMIN TO GET IN THE FACIA BOARD NEAR THE ROOF LINE IS ALSO MISSING.
THIS IS THE REAR OF THE HOUSE THAT FACES NORTH.
AS YOU CAN SEE, THE BOARDED UP WINDOW HAS COME DOWN THE WALLS, THE EXTERIOR WALLS NEED WEATHERPROOFING.
THIS IS THE SIDE OF THE HOUSE THAT FACES EAST.
AS YOU CAN SEE, THE TREES HAVE BEEN CUT DOWN.
THERE'S A HOLE DOWN THERE AT, AT THE BOTTOM, UH, NEAR THE FOUNDATION TO ALLOW, UH, CATS, UH, I BELIEVE SOMEONE, SOMEONE WAS COMING BY AND FEEDING THESE CATS.
I'M NOT SURE HOW MANY ARE IN THERE.
UH, THE WINDOWS ARE BOARDED UP AND YOU CAN BETTER SEE A CLOSE UP OF THE EXTERIOR WALLS THAT NEED WEATHERPROOFING.
PHOTOGRAPH TWO F IS A CONTEXTUAL PHOTO OF THE HOUSE.
AS YOU CAN SEE, THE ROOF IS RUSTED.
THE FACE SHIELD BOARDS ARE MISSING.
THE BACK DOOR HAS BEEN BOARDED UP AND YOU CAN JUST SEE THE PHOTOGRAPH OF THE WATER HEATER THAT'S OUTSIDE, THAT'S, UH, NOT CONNECTED.
AND, UM, BASICALLY OUT IN THE OPEN AGAIN, THE FENCE IS FOR AN EMERGENCY BOARD AND SECURE FOR THE ILLEGAL CRIMINAL ACTIVITY THAT WAS TAKING PLACE, WHICH AGAIN, TO REMIND THE COUNCIL OR THE COMMISSIONERS THAT ON EIGHT 11 OF 2023 THERE WAS A POLICE REPORT FOR ENGAGING IN ORGANIZED CRIME.
AND IN JULY 14TH, 2023, THEY FOUND A LICENSE PLATE.
I BELIEVE THEY WERE STRIPPING CARS, UH, BETWEEN THESE TWO HOUSES BECAUSE THEY HAD BEEN VACANT FOR SO LONG.
UH, THIS IS AGAIN, UH, PHOTOGRAPH TWO G SHOWS THE REAR OF THE HOUSE WITH THE OPEN WATER HEATER.
THE ELECTRICAL BOX HAS BEEN REMOVED, THE ROOF IS DAMAGED NEAR THE FACIA BOARD, WHICH IS CRACKED AND DETERIORATED.
UM, SO THIS CONCLUDES MY TESTIMONY.
I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU HAVE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS
[01:50:01]
OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND COLU CONCLUSIONS OF LAW AND ORDER THE OWNERS 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 STRUCTURES AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED C REQUEST INSPECTIONS FROM AUSTIN, CITY OF AUSTIN, DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURES AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, ENTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH CONTAINS THE PHOTOGRAPHS MARKED AS TWO A THROUGH TWO G.
UM, AND WE HAVE MR. TAEL STILL ON THE LINE FOR THIS PROPERTY AS WELL.
SO, UM, WE HEARD YOU THE FIRST TIME, BUT I WANNA MAKE SURE IT'S ON THE RECORD, UH, WHAT YOUR PLAN IS.
SO, SO MY ONLY, MY ONLY CONCERN HERE, AND I WAS THE REASON I WAS ASKING FOR, UH, LONGER THAN 45 DAYS BECAUSE IF IT TAKES US UP TO EIGHT WEEKS TO GET THE GAS CAPPED, UH, I BELIEVE THAT DEMOLISHING THESE WOULD BE A, A DANGEROUS, HOWEVER, I'M NOT, I'VE NEVER, I'M, I'M NOT AN EXPERT ON THIS, BUT THAT THAT WAS, THAT WAS THE, THE JUSTIFICATION FOR ASKING FOR MORE TIME.
SO WE CAN HAVE THE PERMITS FILED, BUT BASED UPON THE WAY IT WAS JUST READ IS THAT WE HAVE TO HAVE THESE BUILDINGS DEMOLISHED WITHIN 45 DAYS.
SO WHAT DOES THE COUNCIL RECOMMEND WE DO IF WE HAVE A DEMOLITION PERMIT, UH, BUT WE DON'T HAVE THE GAS CAP IN TIME BECAUSE OF TEXAS GAS.
SO, UM, YEAH, THAT IS A GREAT QUESTION.
SO THE WAY THAT THE ORDER THAT WAS RECOMMENDED READS IS THAT YOU SHOULD TRY TO GET IT DONE IN 45 DAYS AND THAT THE CITY COULD STEP FORWARD AND DO THE DEMOLITION, UM, AFTER THE 46TH DAY POTENTIAL JUST ON, ON THE DOCUMENT ITSELF, THE ORDER, UH, BUT THE LIKELIHOOD MM-HMM.
SO THAT YOU SHOULD HAVE THAT AMOUNT OF TIME.
IF FOR SOME REASON YOU HAVE A DEFINITE TIMEFRAME FOR WHICH THOSE GAS LINES WOULD BE CAPPED, THEN I WOULD SUGGEST YOU CONTACT CODE OFFICIALS TO LET THEM KNOW, BECAUSE OBVIOUSLY THEY WON'T BE ABLE TO DEMOLISH EITHER IF THOSE ARE STILL, UM, OUTSTANDING.
IS THAT MAKING SENSE? SO YOU WOULD WANNA CONTINUE KEEPING IT IN COMMUNICATION SO THAT THERE ARE NO LIENS IMPOSED AND NOBODY GOES TO MM-HMM.
WELL, WELL, AGAIN, THAT WAS, THAT WAS THE PURPOSE FOR ASKING FOR 90 DAYS, WAS JUST TO MAKE SURE THAT WE HAVE SUFFICIENT TIME TO GET THOSE CAPPED FROM A SAFETY STANDPOINT.
LET ME SEE, UH, WHAT THE COMMISSIONERS CAN OR CANNOT DO AT THIS POINT, ESPECIALLY SINCE THE PROPERTIES ARE SIDE BY SIDE AND WE'VE ALREADY PRETTY MUCH VOTED ON THE FIRST ONE.
SO, UH, COMMISSIONER CAMPBELL, UH, SO JUST TO CLARIFY THINGS, I BELIEVE THAT THE REASON WHY WE DECIDED THAT 45 DAYS WAS AS ACCEPTABLE AS 90 DAYS WAS BECAUSE OF SOME OF THE STATEMENTS FROM DIVISION MANAGER ROBERT MOY, THAT, UM, UH, IF PROGRESS IS BEING MADE, UM, BY THAT 45 DAYS, THAT THE CITY WON'T JUST COME IN AND IMMEDIATELY DEMOLISH IT OR, OR THAT, UM, EVEN IF THAT PROCESS IS STILL IN THE PROCESS OF BEING RESOLVED, BUT PROGRESS IS BEING MADE THAT YOU WOULD NOT BE, UM, YOU KNOW, THAT THE, THAT THE ORDER WOULDN'T IMMEDIATELY REQUIRE THE CITY TO COME IN AND DEMOLISH.
IS THAT, IS THAT CORRECT? UH, MR. MOORE? YES.
WE HAVE TO FOLLOW THE SAME, UH, PROCESS THAT HE, THAT THEY'RE GONNA HAVE TO GO THROUGH.
WE'D HAVE TO WAIT ON THE GAS LINE CAP AS WELL.
I MEAN, AND YOU KNOW, WE HAVE A LIMITED BUDGET.
I MEAN, WE, WE WANT HIM TO DO IT, RIGHT, LIKE WE'RE GONNA WAIT ON IT FOR SURE.
SO THERE'S NO, THERE'S NO RISK UNLESS, YOU KNOW, HE'S JUST TALKING AND NOTHING HAPPENS.
[01:55:01]
RIGHT.UM, THEN THAT WOULD BE A DIFFERENT CONVERSATION.
BUT I MEAN, IF THEY'RE TRULY GETTING THESE PERMITS AND THEY ARE WAITING ON THE GAS CAP, YEAH.
THERE'S ZERO CHANCE WE'RE GONNA DEMOLISH THIS.
WELL, I HAVE THAT, UM, PROVIDES A LITTLE BIT MORE CLARITY TO THE OWNER JUST TO MAKE SURE THAT, UM, YOU KNOW, NOBODY'S LEAVING HERE WITH THE IMPRESSION THAT, UM, YOU KNOW, THIS HAS TO BE RUSHED BEYOND ANY SAFETY.
UM, YEAH, I, I I THINK THAT THE MOTIVATION FOR US BEHIND BRINGING IT BACK DOWN TO 45 DAYS IS IN LARGE PART JUST TO MAKE SURE THAT EVERYTHING IS HANDLED, UH, AS PROMPTLY AS REASONABLY POSSIBLE.
UM, SO IN LIGHT OF THAT, UM, I'LL MOVE TO CLOSE THE HEARING, UM, AND PASS IT TO OTHER COMMISSIONERS SECOND, ANOTHER MOTION.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND A SECOND, AND I WANNA MAKE SURE THE OWNER, BECAUSE I DIDN'T HEAR A RESPONSE, BUT MR. TAO? YES, MA'AM.
DID YOU UNDERSTAND EVERYTHING THAT JUST TRANSPIRED IN THE LAST COUPLE OF MINUTES? WERE YOU ABLE TO HEAR HE HERE? UH, YES, IT'S MA'AM.
LIKE I SAID, WE'RE, WE'RE GETTING THE PROCESS GOING.
UM, I JUST, AGAIN, CLARIFICATION FROM THE GENTLEMAN THAT HANDLES DEMOLITION, UH, IN HIS EXPERIENCE, IT NORMALLY TAKES, YOU SAID ABOUT THREE TO FOUR MONTHS.
UH, IS THAT, IS THAT CORRECT? UM, WE, THE, YOU KNOW, MR. MOORE HAD SAID HE DIDN'T KNOW HOW LONG IT TAKES THE, I THINK HE'S A YOU'RE NOT ASKING FOR THE GAS CAP.
YOU'RE AGON ASKING FOR HOW LONG IT TAKES FOR THE CITY.
NORMALLY IT TAKES THREE TO FOUR MONTHS FOR ACTUAL DEMOLITION.
AND THAT, BUT THAT INCLUDES, I MEAN, WE HAVE, WE USE THIRD PARTY CONTRACTORS, SO THEY'RE NOT CITY WORKERS, THEY'RE INDEPENDENT CONTRACTORS, AND THEY HAVE TO OBTAIN ALL THE PERMITS YOU'RE HAVING TO OBTAIN.
THEY HAVE TO GET THE GAS CAPPING.
PLUS IF YOU, OKAY, THANK YOU, SIR.
APPRECIATE IF YOU KEEP IN COMMUNICATION AND UPDATE MM-HMM.
SO THAT'S, THAT'S THE PART THAT YEAH.
UM, WE'RE GOING TO CLOSE THE PUBLIC PART OF THE, NO, NO, UNDERSTOOD.
DO YOU WANT ME, DO YOU WANT ME TO KEEP IN COMMUNICATION WITH, UH, WITH THE INSPECTOR? UH, INSPECTOR, INSPECTOR LERNER? YES, PLEASE.
UM, WE'RE GONNA CLOSE THE PUBLIC PART OF THE HEARING UNLESS WE HAVE ANY OBJECTIONS OR COMMENTS, AND THEN I'LL ENTERTAIN ANY OTHER MOTIONS.
UM, CHU I MAY CLOSE THE HEARING AND ADOPT STATUS, PROPOSED FINDINGS OF FACT AND LAW AND RECOMMENDED ORDER.
UM, WE HAVE A MOTION TO ADOPT THE RECOMMENDED ORDER.
OH, RAISE TO BOTTOM SECOND FROM COMMISSIONER CAMPBELL.
UH, COMMISSIONER OLUGO, HOW DO YOU VOTE ON THAT? AYE.
COMMISSIONER FRANCIS? AYE, I'M IN FAVOR.
COMMISSIONER SIG, I'M ALSO IN FAVOR.
GOOD COMMISSIONER STILL SAID I AYE.
THE ORDER WILL BE ADOPTED AND MAILED OUT.
IT'LL BE MAILED OUT TO YOU AND HOPEFULLY YOU CAN GET EVERYTHING RESOLVED PRETTY SOON.
CHAIR, WOULD YOU PREFER TO GO TO, UH, THE APPEAL, WHICH WE DO HAVE SOMEONE HERE FOR, I BELIEVE, OR WE CAN GO TO, UH, THE, THERE'S ONE MORE CASE, BUT WE DO NOT HAVE ANYONE PRESENT.
LET'S GO TO THE APPEAL, PLEASE.
[7. Case Number: CV 2023-125026 ]
ON THE AGENDA IS AN APPEAL REGARDING 81 0 3 FORBES STILL DRIVE.THE CASE NUMBER IS CV 20 23 1 2 5 2 6.
THE CASE CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS APPEAL WAS HEARD AT THE JANUARY 28TH, 2024 MEETING.
HOWEVER, NO DECISION WAS MADE AND THE CASE WAS CONTINUED TO BE HEARD AT TONIGHT'S MEETING.
AS YOU MAY RECALL, THE CASE BEGAN AS A COMPLAINT ABOUT STRUCTURE MAINTENANCE CONDITIONS AT THE PROPERTY, WHICH WERE CONFIRMED BY THE DEVELOPMENT SERVICES DEPARTMENT AND LED TO A, TO THE CITATION OF AN ADDITIONAL CODE VIOLATION.
THE OWNER FILED AN APPEAL OF THE NOTICE OF VIOLATION, WHICH IS WHY WE ARE HERE TONIGHT.
HERE ARE SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS SEPTEMBER 25TH, 2023.
THE NOTICE OF VIOLATION INCLUDED TWO STRUCTURE MAINTENANCE VIOLATIONS AND ONE PROPERTY ABATEMENT VIOLATION.
THE APPEAL BEING HEARD TONIGHT IS ONLY CONCERNING THE UNPERMITTED DECK AND PO DECK AND PATIO.
IN THE READERS OR GOOGLE DRIVE FOLDER.
YOU'LL FIND STAFF EXHIBITS ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, AND EXHIBITS THREE AND FOUR.
[02:00:01]
EXHIBIT THREE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, AN UPDATED COMPLAINT AND CASE HISTORY, 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 EXHIBIT TWO, WHICH CONSISTS OF A CONTEXTUAL PHOTO OF THE PROPERTY SNAPSHOTS FROM THE CITY'S DATABASE SHOWING THE STATUS OF THE PERMITS FOR THIS PROPERTY AND THE EXPIRED BUILDING PERMIT AND DEVELOPMENT SERVICES.RECOMMENDATION, INSPECTOR SANDY VAN CLEVE IS HERE TO PRESENT THIS CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
INSPECTOR VAN CLEVE, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, MADAM CHAIR COMMISSIONERS.
I'M THE ASSIGNED CODE OFFICER FOR THIS CASE, AND THIS CASE WAS AS PREVIOUSLY, PREVIOUSLY NOTED, CONTINUED FROM THE JANUARY 28TH, 2024 HEARING A PRELIMINARY CHECK OF OUR PRO OF THE PROPERTY AND OUR PERMIT AND DATABASE DURING AN INSPECTION.
DURING THE INSPECTION CONDUCTED ON THE SEPTEMBER 26TH, 2023, SHOWED THAT THERE WAS A PENDING BUILDING PERMIT PERMIT DATED JANUARY 14TH, 2000 FOR THAT DECK AND SPA.
AND THAT ISSUE WAS HEARD ON THAT PREVIOUS, UH, HEARING THAT WE HAD AFTER THAT JANUARY HEARING THE PERMIT AND STAFF COULD NOT VERIFY THAT ANY INSPECTIONS WERE CONDUCTED THROUGH THE PERMIT AND PROCESS TO MOVE FORWARD WITH FINALIZING THAT PERMIT.
AND BASED ON THE RESEARCH OF THE STAFF, THE STATUS OF THE PERMIT HAS SINCE BEEN CHANGED FROM OPEN TO EXPIRED.
SO THIS WILL ALLOW THE PROPERTY OWNER TO REACTIVATE THE PERMIT AND SCHEDULE AN INSPECTION TO COMPLETE THAT PERMIT AND PROCESS.
I HAVE HAD SEVERAL DISCUSSIONS WITH THE PROPERTY OWNER REGARDING THIS PROCESS OF REACTIVATING THAT PERMIT AND SCHEDULING A FINAL INSPECTION.
TO DATE, THE PERMIT IS STILL SHOWS EXPIRED, AND WE HAD SOME EXHIBITS, UH, WE CAN GO OVER UP THERE.
UH, THIS FIRST EXHIBIT ONE IS, UH, JUST A PICTURE DATED, UH, FEBRUARY 27TH, 2024, WHICH WAS THE MOST RECENT INSPECTION SHOWN THE FRONT OF THAT PROPERTY.
EXHIBIT TWO SHOWS THE PERMIT AND DATABASE, THE CURRENT STATUS OF THAT DATABASE.
AS YOU COULD SEE, UM, KNOW IF YOU COULD SEE IT CLEARLY ON THE SCREEN, BUT UNDER ONE OF THE BUILDING PERMIT.
UM, THE LINE WHERE IT SAYS BUILDING PERMIT HAS BEEN CHANGED TO EXPIRED FOR THAT BUILDING PERMIT THAT'S ASSOCIATED TO THAT DECK IN THE BACKYARD.
AND IS THERE ANOTHER PHOTO? OKAY, A CLOSEUP.
THIS IS A CLO THIS NEXT EXHIBIT, UH, THIS EXHIBIT THREE IS A CLOSEUP OF THAT, UH, BUILDING PERMIT THAT'S OPENED UP THAT SHOWS IT HAS BEEN SET TO AN EXPIRED STATUS.
SO THAT WILL EASILY, UH, OR MORE EASILY, UH, LET THE PROPERTY OWNER REACTIVATE THAT PERMIT AND SCHEDULE AN INSPECTION SO SOMEONE CAN GO OUT THERE AND PROPERLY INSPECT THE DECK AND IF EVERYTHING LOOKS GOOD, CAN FINALIZE THAT PERMIT.
AND THIS CONCLUDES MY PRESENTATION.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS THREE AND FOUR, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS DEVELOPMENT SERVICES.
RECOMMENDATION STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
WELL, UM, THIS ONE'S A LITTLE DIFFERENT, SO I THINK I HAVE TO WAIT TO HEAR THE EVIDENCE TO ADMIT EVERYTHING BECAUSE IT, YOU KNOW, WE'RE, WE HAVE A REQUEST TO ADMIT THE FINDINGS OF FACT AND CONCLUSIONS OF, OF LAW AND ALL THE RELEVANT DOCUMENTS AS WELL AS THE RECOMMENDATION.
SO I THINK WE CAN DO THAT AT, AT THE END, IF THAT'S ALL RIGHT.
DID YOU WANT, DID YOU WANNA CLOSE THE HEARING? UM, THE OWNER IS HERE.
I'M NOT FOLLOWING WHAT WE'RE DOING HERE.
WHAT I'M DOING IS NOT ADMITTING ANYTHING UNTIL WE'VE HEARD EVERYTHING, WHICH IS JUST FOR EXHIBITS.
SO WE ARE STILL GOING TO, WE'VE ALREADY HEARD TESTIMONY FROM STAFF AND THEN MR. JOHNSTON
[02:05:01]
IS HERE.IS THAT CORRECT? IN PERSON? NOBODY'S HERE AT ALL.
IS THERE A MR. JUSTIN ON THE PHONE? THERE IS SOMEONE ONLINE, BUT I BELIEVE THERE ARE A STAFF MEMBER.
THERE'S NO ONE FROM THE PHONE NUMBER THAT WAS PROVIDED TO US.
UM, SO YES, I'LL GO AHEAD AND ADMIT EXHIBIT THREE AND FOUR, AND I THINK WE CAN GO AHEAD AND SEE IF THE COMMISSIONERS HAVE ANY QUESTIONS.
UM, SO DID THE OWNER EVER CONTACT YOU AFTER YOU HAD EXPLAINED THAT OR SENT THIS DOCUMENT SHOWING THAT THE PERMIT HAD BEEN EXPIRED AND YOU HAD EXPLAINED THAT HE COULD REACTIVATE IT? UH, THE OWNER HAD NOT CONTACTED ME, BUT I HAVE, I CONTACTED THE OWNER SEVERAL TIMES.
I ACTUALLY WENT TO HIS HOUSE AND SPOKE TO HIM IN PERSON OVER THREE DIFFERENT OCCASIONS TO EXPLAIN THAT WE LOOKED AT THE PERMIT AND WE COULDN'T REALLY FIND ANY FINAL INSPECTIONS OR ANY TYPE OF INSPECTIONS.
AND BASED OFF OF WHAT OUR RESEARCH SHOWED, IT WAS IN THE BEST INTEREST TO SET IT TO EXPIRE AND HAVE SOMEBODY ACTUALLY COME OUT THERE TO LOOK AT THAT DECK.
AND I HAVE, UM, ON SEVERAL OCCASIONS WENT TO HIS HOUSE AND SPOKE TO HIM AND ALSO SENT HIM TEXT MESSAGES TO EXPLAIN THE WHOLE PROCESS.
AND WHY DID WE THINK HE WAS GOING TO BE HERE TONIGHT? DID HE SAY HE WAS COMING? I SPOKE TO HIM.
UH, INSPECTOR VAN CLEEF SPOKE TO HIM.
WE, AND HE HAD CONSIDERED EVEN WITHDRAWING THE APPEAL, BUT HE NEVER DID IT, SO I JUST ASSUMED HE WOULD BE HERE.
THAT SHOULD MAKE YOUR JOBS EASIER, I THINK.
OF COURSE, WE'VE SEEN THE EVIDENCE, SO IF ANYBODY WOULD LIKE TO, UM, MAKE ANY MOTIONS.
COMMISSIONER ELLI, I MOVE TO CLOSE THE HEARING.
SO WE ARE CLOSING THE HEARING, THE PUBLIC PART OF THE HEARING, AND THEN COMMISSIONER OLUGO CHAIR A QUESTION OR MOTION? I, I, MAYBE I MISSED IT.
DID YOU ADOPT ALL OF THE PROPOSED FINDINGS OF FACTS AND YES, I'VE DONE THIS EXCEPT FOR THE BOTTOM PART.
SO THE BOTTOM PART IS JUST WE'RE GOING TO ADOPT THE PROPOSED AND DENY I'VE DONE THAT PART.
NOW WE CAN TALK ABOUT DENYING THE APPEAL OR, UM, LETTING THE APPEAL STAND.
OKAY, SO WHO SECONDED FIRST? COMMISS.
EVERYONE SECONDED? OH, WE HAVE A
COMMISSIONER FRANCIS? UH, POINT OF CLARIFICATION.
YES, I THINK THAT WAS THE MOTION.
THE MOTION WAS TO DENY THE APPEAL.
I JUST DON'T WANT TO, SO I, SO CHAIR JUST OFF OF THAT, YOU HAD POSTPONED ADMITTING THE EXHIBITS.
UM, COMMISSIONER FRANCIS, THESE ARE NEW EXHIBITS THREE AND FOUR.
SO THE WAY IT'S WRITTEN NOW IS FOR US TO, UM, TO ADMIT THIS PROPOSED FINDINGS FOR TODAY, WHICH WOULD BE THE FACT THAT THEY WENT TO INVESTIGATE THE PERMITS, THE STATUS OF IT, AND, AND NOW SWITCHED IT TO EXPIRED.
AND I DID THAT, BUT THEN ON THE BOTTOM, THERE'S ANOTHER ONE AGAIN.
SO THAT WAS ACTUALLY MY QUESTION WAS ABOUT DO I NEED TO DO THE FULL SENTENCE OR DO I JUST NEED TO SAY DENY THE APPEAL? I THINK YOU CAN DO THIS FULL SENTENCE JUST TO MAKE SURE WE ARE DOING IT.
JUST TO MAKE SURE THAT WE CAPTURE EVERYTHING.
IF YOU COULD JUST WANTED CLARITY ON THAT.
IF YOU COULD RESTATE YOUR MOTION, PLEASE.
SO I MOVE, UH, TO ADOPT A PROPOSED FINDINGS, FACTS AND CONCLUSIONS OF LAW FOR THIS PROPERTY AND DENY THE APPEAL, THEREBY UPHOLDING THE DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
SO WE'LL GO AROUND AND DO PROPERLY.
[02:10:01]
COMMISSIONER CAMPBELL? AYE.COMMISSIONER SIG, I'M ALSO IN FAVOR.
SO WE'LL GO TO THE NEXT ONE AND IT LOOKS LIKE THERE'S NOBODY HERE FOR THAT ONE EITHER.
[4. Case Number: CL 2024-003424]
FOUR ON THE AGENDA IS CASE NUMBER CL 20 24 0 0 3 4 2 4.AND IT'S REGARDING THE PROPERTY LOCATED AT 1 1 8 1 OAK GROVE AVENUE.
THIS CASE CONCERNS AN UNOCCUPIED RESIDENTIAL STRUCTURE, WHICH IS CONSIDERED UNSAFE AND DANGEROUS WITH SUBSTANDARD CONDITIONS THAT REQUIRES DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE PINK BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN AUGUST, 2023 AS A RESULT OF A COMPLAINT, THE UNOCCUPIED RESIDENTIAL STRUCTURE, IT CREATES AN ATTRACTIVE NUISANCE AND A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THE PROPERTY IS LOCATED WITHIN 1000 FEET OF A SCHOOL.
NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE SIDE CITED VIOLATIONS HAVE BEEN OPENED IN YOUR READERS.
IN GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO F AND THE RECOMMENDED ORDER CODE INSPECTOR MICHAEL LARNER IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS MICHAEL LARNER AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 1181 OAK GROVE AVENUE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS HOMEWOOD HEIGHTS REVOCABLE TRUST ON AUGUST THE THIRD, 2023.
I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 1181 OAK GROVE AVENUE VIA 3 1 1 FOR AND WEEDS AND OVERGROWN VEGETATION.
ON AUGUST THE THIRD, 2023, I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
PROPERTY ABATEMENT WITH TRASH AND DEBRIS IN THE FRONT YARD, TALL GRASS AND WEEDS OVER 12 INCHES IN HEIGHT, EXTERIOR WALLS THAT ARE DETERIORATED AND EATING WEATHERPROOFING ROOF REPAIR, EXTERIOR WINDOWS NOT WORKING.
EXTERIOR DOOR BOARDED UP AND OPEN HOLES IN THE FOUNDATION FOR PESTS AND RODENTS.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION.
ON NOVEMBER 27TH, 2023, I PERFORMED FOLLOW-UP, FOLLOW-UP INSPECTIONS FOR THE MONTHS OF JANUARY, FEBRUARY, MARCH OF 2024.
I OBSERVED THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED AND REMAINS THE SAME.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I NOW PRESENT MY PHOTOS TO DISCUSS THE VIOLATIONS DEPICTED.
PHOTOGRAPH TWO A IS A CONTEXTUAL PHOTO OF THE HOUSE.
THIS IS THE FRONT OF THE HOUSE.
THE FRONT DOOR HAS BEEN BOARDED UP.
THE EXTERIOR WALLS, UH, NEED WEATHERPROOFING.
THE FACIA BOARDS UP NEAR THE ROOF ARE ROTTED AND DETERIORATED.
THERE'S A TREE LIMB THAT'S ACTUALLY HANGING ON THE HOUSE AND JUST TO THE LEFT, THERE'S A, UH, BRANCH THAT IS ON THE ELECTRICAL LINE OF THIS PARTICULAR HOUSE.
UH, THERE'S STILL TALL GRASS AND WEEDS IN THE FRONT YARD AND THERE'S STILL TRASH AND DEBRIS ALSO LOCATED, UH, WHAT I BELIEVE IS TO BE THE DRIVEWAY.
TWO B IS THE ADDRESS, UH, LOCATED ON THE MAILBOX SHOWING 1181 IN THE FOREGROUND.
YOU CAN STILL SEE, UH, TALL GRASS AND WEEDS OVER 12 INCHES.
YOU CAN SEE THE BOARDED UP FRONT DOOR.
THE WINDOWS ARE NOT WORKING AND THE EXTERIOR WALLS NEED TO BE, UM, FIXED OR REPAIRED.
YOU CAN SEE A BRUSH PILE THAT'S IN THE FRONT YARD, PART OF A FENCE THAT'S LEANING UP NEAR THE FRONT DOOR THAT'S BEEN BOARDED UP.
THE FACE SHIELD BOARDS IS A BETTER PHOTOGRAPH OF THE ROTTED DETERIORATED FACE SHIELD BOARDS AND THE TREE LIMB THAT'S, UH, JUST ABOVE THAT, IT'S HANGING ON THE ROOF, UH, DOWN BELOW THE AC UNIT THAT'S, UH, HELD IN PLACE BY PIECE OF BOARD.
YOU CAN SEE AN OPENING IN THE FOUNDATION THAT'S ALLOWING CATS, UH, RODENTS AND, UH, PESTS TO, TO ENTER NEXT PHOTOGRAPH PLEASE.
[02:15:01]
CONTEXTUAL PHOTO OF THE TALL GRASS AND WEEDS.THE TRASH AND DEBRIS THAT'S ALL LOCATED ON THE FRONT YARD.
I BELIEVE THE SAW WAS USED TO BE ON THE SIDE OF THE HOUSE.
UH, THEY PRETTY MUCH JUST MOVED IT ALL TO THE FRONT.
UM, BETTER LOOK OF THE, UH, TREE, TREE LIMB THAT'S HANGING ON THE POWER LINE, THE OVERHANGING TREE THAT'S ON THE ROOF.
THIS IS A CLOSER VIEW OF THE TRASH AND DEBRIS THAT'S ON THE SIDE OF THE HOUSE.
I BELIEVE THIS IS FACING NORTH.
UH, IN THE EXTERIOR IN THE BACK THERE'S A, I GUESS IT'S SOME TYPE OF STORAGE SHED.
THERE'S NO ROOF, SOME TYPE OF TARP THAT'S HANGING OVER IT.
TRASH AND DEBRIS IN THE, IN THE FRONT AND ON THE SIDE.
AND, UH, THE SIDE DOOR HAS BEEN BOARDED UP AS WELL.
PHOTOGRAPH TWO F IS AGAIN THE PHOTO OF THE TRASH AND DEBRIS THAT'S IN THE FRONT YARD, THE BOARDED UP, UH, FRONT DOOR AND THE OVERALL CONDITION OF THE HOUSE AS YOU SEE IT.
THAT, UH, CONCLUDES MY TESTIMONY.
UM, I'M AVAILABLE TO ANSWER ANY QUESTIONS.
STAFF ASKS EXHIBITS TO THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION TO CONSIDER ALL PORTIONS OF THE STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTRA 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, UM, EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH TWO F AND WE DO NOT HAVE ANYBODY HERE FOR THIS PROPERTY.
COMMISSIONER CAMPBELL, GO AHEAD.
I MOVE TO CLOSE THE PUBLIC HEARING.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND A SECOND BY COMMISSIONER SHUGART.
WE'LL GO AHEAD AND CLOSE THE PUBLIC PART OF THE HEARING AND WE'LL MOVE ON TO THE MAIN PART.
UH, COMMISSIONER CAMPBELL, ALTHOUGH I HAVE A COUPLE OF QUESTIONS, BUT GO AHEAD,
OH, UH, WELL IF YOU HAVE A COUPLE QUESTIONS THEN I, I I WILL PASS IT ON TO YOU BECAUSE I WAS GOING TO MAKE THE MOTION.
JUST REALLY QUICKLY TO MAKE SURE WE, UM, COVER OUR BASIS ON THE NOTICES.
UM, FOR THIS PARTICULAR HEARING, IT LOOKS LIKE YOU HAD SENT NOTICES TO SEVERAL DIFFERENT PARTIES AND WE DID.
AND WAS THAT BECAUSE OF THE PREVIOUS NAMES IN THE, UM, IT WAS BECAUSE WE DID A TITLE SEARCH.
THERE WAS, UH, THE TCAT IDENTIFIED THE TRUST WITH TYLER, I BELIEVE HIS NAME IS TYLER EPSTEIN, EPSTEIN AS THE TRUSTEE OR THE PERSON WHO IT WAS IN CARE OF.
AND THEN WE HAD SEVERAL OTHER HEIRS IDENTIFIED THROUGH THE TITLE SEARCH THAT WE DID.
SO WE ALSO NOTIFIED ALL OF THEM AND WE DID NOT RECEIVE A RESPONSE FROM ANYONE.
SOME OF THE MAIL WAS UNDELIVERABLE, BUT SOME OF THEM WENT THROUGH.
UH, JAMES, DO YOU KNOW, IS THAT RIGHT? HE'S CHECKING.
THERE'S A LOT JAMES PUT TOGETHER THE EXHIBIT, SO I'M GONNA LET HIM ANSWER THAT.
I THINK I'M JUST TRYING TO MAKE SURE THAT SOMEBODY AT LEAST, UM, RECEIVED SOME SORT OF NOTICE.
[02:20:03]
AND JUST TO CLARIFY, UM, IN SEPTEMBER OF 19TH OF 2023, I DID WRITE A CITATION FOR THE VIOLATION OF THE TALL GRASS AND WEEDS AND NO ONE SHOWED UP FOR THAT PARTICULAR HEARING AS WELL.UM, COMMISSIONERS, YOU CAN, COMMISSIONER CAMPBELL, YOU HAD, UM, A MOTION TO PROPOSE, UH, WELL JUST IN LIGHT OF THAT, SINCE WE HAVEN'T HAD ANYTHING FROM THE PROPERTY OWNERS.
I'M GOING TO GO AHEAD AND MAKE THE MOTION, I MOTION TO ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ADOPT STAFF'S RECOMMENDED ORDER SECOND.
UM, WE HAVE THE MOTION ON
SO DO WE HAVE ANY OTHER COMMENTS? I'LL GO AHEAD AND CALL THE VOTE.
AND COMMISSIONER CAMPBELL? AYE.
COMMISSIONER SIG, I'M ALSO IN FAVOR.
ALL RIGHT, THANK YOU VERY MUCH.
I THINK MAYBE IF THEY GET THIS PARTICULAR ORDER, THEY MIGHT, UH, RESPOND.
ALTHOUGH I DO THINK THIS IS GONNA BE ONE OF THE DEMOLITIONS THAT YOU ARE GONNA HAVE TO END UP DOING.
THIS ONE MIGHT GO THROUGH, THEY MIGHT PREFER THAT ACTUALLY SOMETIMES THE HEIRS ARE NOT LETTING THE TRUSTEE DO THINGS.
[FUTURE AGENDA ITEMS]
WE'LL MOVE ON TO FUTURE AGENDA ITEMS. I THINK SO, UH, WE HAVE ELECTION OF OFFICERS AT THE NEXT ELECTION.SO EVEN THOUGH WE JUST ELECTED COMMISSIONER STOAT AS VICE CHAIR, THAT IS JUST A FILLED AS AN INTERIM POSITION FOR, UM, COMMISSIONER FERRERA WHO, WHO LEFT IN THE MIDDLE OF HIS OFFICE.
SO, UH, WE STILL HAVE TO HOLD A NEW ELECTION NEXT MONTH.
SO AFTER THE, THE FIRST MEETING AFTER APRIL 1ST, EVERY YEAR WE HAVE TO HOLD AN ELECTION FOR CHAIR AND VICE CHAIR.
SO WE'LL HAVE THAT NEXT MONTH.
AND THEN, UM, THE ONLY THING I KNOW FOR SURE THAT YOU'LL HAVE ON THE, WE HAVE AN NOV APPEAL THAT WILL BE ON THE NEXT AGENDA.
AND IN MAY WE HAVE, UH, A PENALTY RELIEF CASE THAT WE KNOW WILL BE ON THE AGENDA, BUT O OTHER THAN THAT, THE AGENDA'S NOT SET YET.
SO JUST WANTED THOSE SUSPENSE ITEMS. SOUNDS GOOD.
EVERYBODY THINK OF NOMINATIONS FOR NEXT MONTH AND THANK YOU VERY MUCH.
OH, AND IS THERE ANYTHING ELSE? YEAH, I JUST WANTED TO, UH, I BELIEVE IN FEBRUARY WE REMINDED YOU THAT THERE WAS A SEXUAL HARASSMENT, SEXUAL HARASSMENT AWARENESS MODULE THAT YOU HAD TO COMPLETE BY MAY 10TH.
SO I JUST WANTED TO REMIND EVERYBODY THAT'S DUE.
AND THEN REGARDING SETTING UP THE SECURITY MEASURES ON YOUR BOARD AND COMMISSION EMAIL ACCOUNT, IF YOU HAVEN'T DONE THAT, PLEASE DO SO.
'CAUSE YOU'RE GONNA HAVE TO RESET YOUR PASSWORDS.
THANK YOU VERY MUCH FOR THE REMINDERS.
UM, I THINK THAT IF WE DON'T HAVE ANYTHING ELSE, COMMISSIONER FRANCIS, YOU HAVE EXACTLY FIVE SECONDS.
MELANIE, DID YOU SEND US AN EMAIL TO DO THAT RESET OUR REQUEST ORDER? OR IS IT JUST GONNA AUTO IT WAS AN EMAIL THAT CAME FROM CITY, THE CITY CLERK'S OFFICE FOR THOSE TWO THINGS.
EXCUSE, I CAN FORWARD IT TO YOU AGAIN, BUT THOSE TWO THINGS CAME FROM THE CITY CLERK'S OFFICE TO YOUR BOARD AND COMMISSION EMAIL.
WELL I GOT THE, THAT WOULD'VE BEEN BACK IN JANUARY PROBABLY OR FEBRUARY.
I GOT THE HARASSMENT PART DONE, BUT I DIDN'T DO THE RESET.
IT'S, IT'S JUST A, IT WAS, I THINK THEY WERE SAY STARTING A NEW POLICY ABOUT THE, THE PASSWORD.
AND THEY'LL RESET EVERY 90 DAYS.
UM, ANYTHING ELSE BEFORE WE ADJOURN? CALL THE TIME.
IT'S EIGHT FIFTY NINE AND TODAY'S MEETING IS ADJOURNED.