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[00:00:06]

OKAY, THANK YOU.

ALL RIGHT.

WE'RE GOING

[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.

UM, LET'S SEE.

ALL RIGHT.

COMMISSIONER SLUGO.

OH, SORRY.

I CAUGHT YOU OUT.

HERE.

THANK YOU.

COMMISSIONER CAMPBELL HERE.

ALL RIGHT.

COMMISSIONER FRANCIS HERE.

AND COMMISSIONER SUGAR HERE.

COMMISSIONER SOAD HERE.

AND I MISSED, DID I MISS ANYONE ELSE? NO.

OKAY.

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.

OKAY.

NOT A PROBLEM.

THANK YOU.

UM, AND BEFORE

[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.

THANK YOU.

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.

THANK YOU.

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.

I DO.

THANK YOU.

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.

OKAY.

LET'S SEE.

ALL RIGHT.

WE HAVE

[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.

SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE THOSE MINUTES.

DO WE HAVE ANY CLARIFICATIONS IN IT OR ANY OBJECTIONS OR ANYTHING? NOPE.

OKAY.

THOSE HAVE BEEN APPROVED.

AND WE'LL GO ON TO THE NEXT AGENDA.

ITEM ITEM NUMBER TWO ON

[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.

AT THIS TIME.

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.

IT HAD NO ELECTRICAL POWER.

UH, NO OTHER, UM, I GUESS, UH, NO OTHER TYPE OF UTILITIES WERE OPERATING AT THAT PARTICULAR TIME.

SLIDE TWO B PLEASE.

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.

UH, SLIDE

[00:10:01]

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.

THE FIRE WAS EXTENDED.

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.

SLIDE TWO E PLEASE.

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.

SLIDE TWO F PLEASE.

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.

TWO G, PLEASE.

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.

TWO H IS FROM THE RESTAURANT.

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.

NEXT SLIDE.

AND YOU SEE TWO J.

AGAIN, THOSE ARE THE UPPER WINDOWS ARE BOARDED, AS WELL AS THE LOWER WINDOWS, AGAIN, SHOWING THE DAMAGE.

EXTERIOR, UH, WINDOWS.

NEXT SLIDE.

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.

YES.

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.

UH, ONE IS ACTUALLY 198 FEET.

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.

THANK YOU.

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.

STAFF ASKED

[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.

OKAY.

THANK YOU.

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.

OKAY.

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.

OKAY.

UH, LET US KNOW.

I DO KNOW THAT THE OTHER GENTLEMAN THAT HAD SIGNED UP IS NOT HERE.

DIMITRI ENG.

HE IS NOT HERE.

HE SAID HE WOULDN'T BE MAKING IT TO THE MEETING.

ALL RIGHT.

THANK YOU.

OKAY.

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.

MS. HUGHES COULDN'T MAKE IT.

OKAY.

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.

IT'S 10.

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.

HE GAVE ME HER NAME.

I CALLED HER UP, PRECIOUS WOMAN.

SHE'S 80 YEARS OLD, DALLAS.

UM, AND SHE STARTED CRYING.

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.

SHE GOES, NO.

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.

THEY TOOK ADVANTAGE OF YOU.

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.

BUT, UM, I'D LOVE TO SAVE IT.

I MEAN, THAT'S WHAT I DO.

UH, THE INSIDE AREN IN BAD CONDITION, IT'S A, A COAT OF PAINT CABINETS.

THE PLUMBING'S GOOD.

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.

AND THAT BRINGS US TO TODAY.

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.

THIS IS FRAUD.

OKAY.

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.

YES MA'AM.

OKAY.

I WANNA SAVE THIS PROPERTY.

IT'S, IT COULD BE A BEAUTIFUL PROPERTY.

I, I'LL WE WHAT TO DO WITH IT.

OKAY.

I DO HAVE ONE QUICK QUESTION.

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.

OKAY.

THE CLASS A 600 AND I THINK $58,000 WE'D PUT INTO IT.

CLASS C, LIKE 452,000.

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.

ALL RIGHT.

SO COMMISSIONERS, UM, CHAIR.

YEAH.

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.

HELLO THERE.

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.

APOLOGIZE.

I APOLOGIZE.

MS. HUGHES, CAN YOU PRESS STAR SIX AGAIN? THAT WAS MY BAD.

AND I BELIEVE, UH, MS. WILLIAMS MARIE WILLIAMS IS ALSO WITH HER.

OKAY.

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.

YES.

HI.

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.

THIS IS UNFORTUNATE CASE.

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.

OKAY.

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.

OKAY.

YES.

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 DON'T KNOW HOW IT LOOKED.

I PUT A TEMPORARY SINK FENCE UP.

THEY KNOW HOW TO

[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.

AND, AND, UM, YEAH.

SHE IS ASKING, JUST TO ANSWER YOUR QUESTION, SHE HAS ASKED A FOR CONTINUANCE.

YY YES.

I'M ASKING FOR CONTINUANCE ASK SO THAT WE CAN GET THROUGH THIS LEGAL SITUATION.

OKAY.

I AGREE.

OKAY.

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.

OKAY, THANK YOU.

COMMISSIONER DE LUGO.

THANK YOU, CHAIR.

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.

YEAH.

THANK YOU.

THAT, THAT WAS SORT OF MY FIRST AND FOREMOST QUESTION, UH, CHAIR.

GOOD QUESTION.

YEAH.

UM, THAT WAS ALONG.

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.

DOES THAT MAKE SENSE? YES.

OKAY.

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.

THANK YOU CHAIR.

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.

CAN YOU HEAR ME OKAY, SORRY.

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.

SO.

YEAH.

NO, WE, WE USE, YOU DON'T GET THE PEOPLE FROM CAMP MAVERY RIGHT.

TO COME OVER REAL QUICK, YOU KNOW? YEAH.

THANK YOU.

WELL, UM, I'M OPEN TO SOMETHING, UM, TO, SORRY, CHAIR.

OH, YES, COUNSEL.

YES.

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.

YES.

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.

YES.

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.

JUST MY THOUGHTS.

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.

COUNSEL OH, OKAY.

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 , I KNOW SOME, IN SOME CASES IT'S HELPED PEOPLE WITH ORDERS AND CODE VIOLATIONS AND THINGS TO SHOW THAT, YOU KNOW, THEY, THAT THAT THE CONDITION OF THE PROPERTY WHEN THEY BOUGHT IT WAS, YOU KNOW, NOT GOOD AND THINGS LIKE THAT.

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.

WE, WE DID.

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.

RIGHT.

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.

OKAY, SURE.

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.

OKAY.

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.

RIGHT.

THOSE ARE THE MAIN, WE, WE ALL HAVE THE SAME CONCERN.

HOW WE STYLE THAT I'M NOT.

OKAY.

SO WE'RE CONCERNED ABOUT WHETHER THE SE SECURING OR BOARDING COULD BE MAINTAINED IN THE INTERIM.

RIGHT.

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.

BUT THAT WAS JUST STRANGE.

BUT, UM, YEAH.

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.

IT'S UNOCCUPIED.

OKAY, GOOD.

YEAH, IF THEY WERE GETTING IN, THEY'RE GETTING IN ILLEGALLY.

RIGHT.

OKAY.

THANK YOU.

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.

OKAY, GREAT.

UM, I DO HAVE, YES, MS. DELIA, I DON'T SEE THIS BEING RESOLVED IN A MONTH.

THEY'RE STALLING.

OF COURSE.

SO, SO THE MONTH IS MAINLY SO WE CAN GET GUIDANCE FROM OUR LEGAL COUNSEL ON WHAT WE NEED TO DO.

YEP.

MAINLY.

OKAY.

THEN I ALSO HAVE A QUESTION FOR MS. HUGHES.

ARE YOU STILL THERE? UM, TANYA, AM I STILL THERE? OKAY, YOU ARE.

WE CAN HEAR YOU.

OKAY.

OKAY.

MM-HMM, , IF YOU NEEDED TO PULL PERMITS RIGHT NOW, YOU ARE NOT DISPUTING THE FACT THAT YOU ARE THE, I DON'T KNOW HOW TO DO ALL THAT.

THAT'S WHAT I'M SAYING.

UH, SOMEBODY PUT ME IN THIS AND TRICKED ME INTO, I DON'T KNOW HOW TO DO ALL THIS.

I'M CRYING ALL NIGHT.

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.

SO I DON'T KNOW WHAT TO DO.

MY HANDS ARE TIED.

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.

OKAY.

UM, I'M SORRY TO HEAR ALL THAT.

DO YOU WANNA HEAR MY QUESTION FIRST? AND MAYBE THAT WOULD HELP.

OH, THAT'S FINE.

OKAY.

SO THE QUESTION THAT I HAD, I APOLOGIZE FOR HER.

UM, THIS HAS BEEN VERY TRAUMATIC FOR HER.

YES.

BECAUSE I APOLOGIZE.

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.

YES.

WE, WE UNDERSTAND.

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.

OKAY.

WE HEAR YOU.

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.

THEY OKAY.

HAD ME TO, UH, FIND AN APPLICATION THAT I DIDN'T KNOW WHAT I WAS SIGNING.

OKAY.

BUT YOU, YOU WANTED TO PURCHASE THE PROPERTY.

I PUT UP THE TEMPORARY FIX.

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.

OKAY.

'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.

OKAY.

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.

OKAY.

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.

IS THAT WHAT NO.

OKAY.

AND, AND I DON'T, YEAH, I CAN'T, I CAN'T AFFORD THAT.

OKAY.

I'M A SENIOR CITIZEN.

I CAN'T.

ALL RIGHT.

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.

OKAY.

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.

NO OBJECTIONS.

OKAY.

WELL, WELL, THAT'S CLOSE.

SO THAT MEANS NOW WE GET TO MAKE A DECISION.

BUT THANK YOU FOR BEING HERE.

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.

OKAY.

NO, WE HAVE SURPLUS OF OFFICE COVID.

NOBODY'S COME BACK TO WORK.

WE WANNA TURN 'EM INTO HOUSING BY OFFICES.

THIS IS NOT, THIS ISN'T THE SAME GROUP.

OKAY.

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.

THANK YOU ALL.

THANK YOU SO MUCH.

YOU CAN HANG AROUND.

WE'RE GOING TO MAKE A DECISION.

OKAY.

OR SOME DECISION, MAYBE NOT THE DECISION.

OKAY.

THANKS.

UM, ALL RIGHT.

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.

OKAY.

AS TO THE FINES.

YEAH.

YES.

.

UM, COMMISSIONER FRANCIS, ARE YOU ABLE TO PUT TO, OKAY.

YES, GO AHEAD, COMMISSIONER.

THANK YOU.

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.

OKAY.

SO, UM, I THINK I UNDERSTAND COMMISSIONER OGO, GO AHEAD.

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, IF THAT MAKES SENSE.

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.

YES.

UH, WOULD THAT COMPROMISE BE ACCEPTABLES, YOU, COMMISSIONER SIG? YES.

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.

I'M NOT 24TH.

OKAY.

24TH.

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.

OKAY.

I THINK I, I REMEMBER THAT.

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.

OKAY.

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.

OKAY.

UM, THANK YOU.

ALL RIGHT.

IS EVERYBODY GOOD OR YEAH, GO AHEAD.

COMMISSIONER CAMPBELL? YES, I WILL GO AHEAD AND TRY TO MAKE THE MOTION.

ALL RIGHT.

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.

THE MAY MEETING.

THE MAY MEETING 22ND.

OKAY.

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.

HMM.

A SMALL AMOUNT.

IT MIGHT, YOU MIGHT BE COMFORTABLE WITH THAT.

YES.

IN THAT CASE, UM, YOU'LL HAVE TO START YOUR MOTION OVER.

YES.

ONCE YOU HAVE THE AMOUNT , UH, LET'S SAY SOMETHING LIKE A HUNDRED DOLLARS PER WEEK, UM, IF IT'S NOT PROPERLY SECURED.

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, UNTIL, UNTIL THE THERE ARE NO REPAIRS.

YES.

SORRY.

UM, AND, UH, SORRY, UM, UN UNTIL THE PROPERTY IS PROPERLY SKEWED, UM, AND I MOVED TO CONTINUE THIS AND TO CONTINUE THIS CASE UNTIL THE MAY 22ND MEETING, SO THAT COUNSEL CAN PROPERLY GUIDE US ON THE LEGAL ISSUES AT PLAY.

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.

YES.

OKAY.

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.

YES, THAT IS CORRECT.

YEAH.

OKAY.

I'LL SECOND IT.

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.

UH, MR. MOORE.

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.

RIGHT.

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.

OKAY.

I MEAN, WE CAN DO IT IMMEDIATELY IF IT'S NOT, YOU KNOW, IF IT'S AN EMERGENCY TYPE THING.

OKAY.

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.

YEAH.

I THINK WE MAY STILL OKAY.

CLEAN THAT UP A LITTLE BIT.

SO I HAD KIND OF LOOKED INTO THAT A LITTLE BIT.

OKAY.

AND I THINK AT LEAST AS FAR AS TO MAKE SURE THAT THE PROPERTY IS SECURED.

YEAH.

MM-HMM.

, UM, I THINK THERE IS ROOM TO AT LEAST TAKE.

WE CAN DO THAT.

OKAY.

TAKE THAT ACTION.

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.

YEAH.

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.

CORRECT.

'CAUSE YOU'RE CERTAINLY VERY INTERESTED IN THE PROPERTY.

ACCORDING TO YOUR TESTIMONY EARLIER, IF NEEDED TO ASSIST MS. HUGHES MORE SECURE THAN , YOUR MIC IS ON, WOULD IT BE MORE SECURE THAN, OR I CAN, I CAN ANSWER THAT QUESTION.

ACTUALLY.

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.

OKAY.

THANK YOU VERY MUCH.

I HOPE THE OWNERS HEARD THAT.

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.

OKAY.

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