[00:00:03]
[CALL TO ORDER]
GOING TO CALL THE, THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR APRIL 24TH, 2024.AND THE TIME IS 6:44 PM MY NAME IS SHADY AND I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I'LL CALL ROLL AND ASK THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU'RE HERE.
UM, OKAY, LET'S START WITH, IS THERE ANYBODY ONLINE? WE WILL HAVE, I THINK ONE COMMISSIONER REMOTING IN.
I'M GOING TO START WITH COMMISSIONER TOAD HERE.
COMMISSIONER BENIGNO IS NOT PRESENT.
HE'S NOT HERE YET, BUT I THINK HE'LL BE HERE.
AND DO WE ALSO HAVE FIRE MARSHAL HERE TODAY? NO, I'M HERE.
[PUBLIC COMMUNICATION: GENERAL]
THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.EACH SPEAKER WILL BE ALLOTTED TWO MIN, I MEAN THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FOUR CASES ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER FOUR CASES FROM FORT 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 IT IS APPROPRIATE.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES, HER HERBER WINE, I'M SORRY, 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 FOR THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, MAKE SURE TO UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, YOU OR YOUR REPRESENTATIVE MAY 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 EVIDENCE AND WITNESSES.
YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO PRESENT, UH, RELEVANT TESTIMONY ABOUT THE CASE.
AND YOU ALSO HAVE FIVE MINUTES, BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, AFTER WHICH THE OWNER OR APPELLANT MAY SUMMARIZE HIS OR HER CASE.
AND THE TIME ALLOTED FOR THAT WILL BE THREE MINUTES.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS ONCE YOUR CASE IS CALLED.
SO WITNESSES WILL NOW TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND UP AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
UM, IS ANYBODY ON THE LEFT, UM, TO MY LEFT PRESENTING? THANK YOU.
UM, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS
[00:05:01]
THAT ARE BEFORE THE COMMISSION THIS EVENING.[APPROVAL OF MINUTES]
ITEM, THE MINUTES.WE HAVE THE MINUTES FROM THE LAST MONTH'S MEETING, MARCH 27.
AND COMMISSIONERS, PLEASE UH, REVIEW THE MINUTES AND LET US KNOW IF YOU HAVE ANY QUESTIONS OR AMENDMENTS, UH, OR MOTION.
WE HAVE A MOTION TO APPROVE THE MINUTES FROM MARCH 27TH AND A SECOND.
DO WE HAVE ANY OBJECTIONS, QUESTIONS, CONCERNS, MEETING MINUTES APPROVED.
UM, AND THE SECOND AGENDA ITEM WILL BE THE ELECTION OF OFFICERS FOR THE BUILDING AND STANDARDS COMMISSION.
I DON'T BELIEVE WE CHECKED TO SEE IF THERE WERE ANY PUBLIC COMMUNICATIONS BEFOREHAND.
DO WE HAVE ANYBODY HERE THAT WANTS TO SPEAK ON ANY ITEMS THAT ARE NOT ON THE AGENDA TODAY IN YOUR MIC? THANK YOU.
SO WE'RE GOING TO OPEN THE FLOOR FOR NOMINATIONS FOR THE POSITION OF CHAIR AND VICE CHAIR.
I THINK WE'RE, UH, EXPECTING JOIN.
DO YOU WANNA WAIT UNTIL YES, WE'LL MOVE THIS TO THE END? IS THAT'S ALL RIGHT? OKAY.
WE CAN START WITH THE FIRST AGENDA ITEM.
I MEAN, NOT, NOT THE FIRST AGENDA ITEM, BUT THE FIRST CASE ON THE AGENDA.
[3. Case Number: CL 2024-019744]
CAN YOU HEAR ME? YEAH.ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 1 9 7 44, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 7 3 1 0 CARVER AVENUE.
THE EXHIBITS CAN BE FOUND IN THE BROWN 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 UNOCCUPIED.
THE CASE WAS OPENED IN SEPTEMBER, 2022 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.
CONDITIONS ARE CONSIDERED, UM, SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT 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 TWO J IN THE RECOMMENDED ORDER CODE.
INSPECTOR CHRIS PALEO IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR PALEO, PLEASE BEGIN YOUR TESTIMONY.
I AM AN INSPECTOR FOR THE DEVELOPMENT AND SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT FOR YOU, UH, BEFORE YOU TODAY IS A RESIDENTIAL, COMMERCIAL, I'M SORRY, RESIDENTIAL PROPERTY LOCATED AT 73 10 CARVER AVENUE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS DAVID HAMAS.
THE PROPERTY IS A SINGLE WOODED, I'M SORRY, THE PROPERTY IS A SINGLE STORY WOODED.
THE PROPERTY IS A SINGLE STORY, WOODEN WOOD FRAME RESIDENTIAL STRUCTURE ON POLES AND BEAMS, AND IT'S CURRENTLY VACANT.
THE PROPERTY 73 10 CARVER AVENUE WAS REPORTED BY A CITIZEN 2 3 1 1.
ON SEPTEMBER 19TH, 2022, INVESTIGATOR ALICIA TOVAR COMPLETED THE INITIAL INSPECTION.
THE CASE WAS DOCUMENTED AND NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATIONS.
ON NOVEMBER 9TH, 2022, THE PROPERTY WAS ABATED BY THE OWNER AND ON NOVEMBER 22ND, 2022, CONTACT WAS MADE WITH THE OWNER WHO HAD STATED HE WAS UNABLE, UNABLE TO DE UH, DEMOLISH THE STRUCTURE DUE TO AN ONGOING LITIGATION, BUT WAS ABLE TO ABATE THE PROPERTY ON APRIL 12TH, 2023.
A SECOND END OF NOTICE OF VIOLATION WAS SENT.
AND ON JULY 19TH, 2023, I WAS REASSIGNED TO THIS CASE AND I CONFIRMED THAT THERE WAS NO ACTIVE PERMITS ON FILE.
ON MARCH 7TH, 2024, AN UPDATED NOTICE OF VIOLATION WAS MAILED AND WAS POSTED ON THE PROPERTY ON APRIL 13TH, 2024.
FOLLOW UP INSPECTION WAS CONDUCTED
[00:10:01]
AND THE PROPERTY REMAINED VACANT AND IN VIOLATION AND PERMITS WERE NOT, HAVE NOT BEEN OBTAINED, UM, ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.I WILL PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED A RES UH, A RESIDENT, I'M SORRY, A RECENT INSPECTION WAS CONDUCTED AND THE FOLLOWING VIOLATIONS WERE OBSERVED.
PHOTO TWO A, THIS PHOTO SHOWS A VIEW OF THE FRONT OF THE PROPERTY.
IN THIS PHOTO, YOU CAN SEE THAT THE STRUCTURE HAS DETERIORATED AND THE FRONT WALLS ARE MISSING THEIR SIDING, DAMAGE TO THE ROOF, SHINGLES AND SOFFIT.
AND IT'S ALSO, YOU CAN SEE A BROKEN WINDOW.
THE FOUNDATION IS COMPROMISED AND YOU CAN SEE A SEPARATION IN THE FOUNDATION IN THE FRONT.
TWO B IS A PHOTO OF THE RIGHT SIDE OF THE STRUCTURE.
IN THIS PHOTO, YOU CAN SEE THE SIDING IS MISSING, BROKEN, AND UNDER UNDERLYING, I'M SORRY, UNDERLINING MATERIAL IS EXPOSED TO THE ELEMENTS.
THE FOUNDATION HAS BUCKLED AND IS COMPROMISED.
AN OPENING IS LEADING UNDERNEATH THE STRUCTURE, ALLOWING EASY ACCESS FOR RODENTS AND ANIMALS.
WE HAVE REQUESTED THAT THE PROPERTY OWNER OBTAINED PROPER PERMITS BEFORE ANY INITIAL REPAIRS.
THIS PHOTO WAS TAKEN FROM THE RIGHT SIDE OF THE PROPERTY, AND THIS PHOTO YOU WILL BE ABLE TO SEE THE FASCIA HAS DETERIORATED AND THE UNDERNEATH MATERIAL IS EXPOSED TO THE ELEMENTS.
THE WINDOW IS NOT SECURE AND THE PLYWOOD THAT PREVENTED ACCESS HAS BEEN REMOVED.
THIS PHOTO WAS TAKEN FROM THE RIGHT SIDE FACING THE BACKYARD.
IN THIS PHOTO, YOU'LL BE ABLE TO SEE A MISSING FASCIA EXPOSED INSULATION TO THE ELEMENTS.
THE VEGETATION HAS GROWN INTO THE STRUCTURE.
THIS STRUCTURE IS CURRENTLY VACANT AND THE UTILITIES ARE ACTIVE.
THIS PHOTO WAS TAKEN FROM THE FRONT PORCH OF THE PROPERTY.
IN THIS PHOTO, YOU'LL, YOU'LL BE ABLE TO SEE THE FASCIA ROOF IS DAMAGED AND THE WOOD IS EXPOSED TO THE ELEMENTS.
WIRES ARE UNSECURED AND RUNNING LOW ACROSS THE FRONT ENTRANCEWAY, ALSO BROKEN WINDOW.
THIS PHOTO WAS TAKEN FROM THE FRONT OF THE PROPERTY.
IN THIS PHOTO, YOU'LL BE ABLE TO SEE, YOU CAN SEE THE DAMAGE IN THE MISSING SIDING, EXPOSING THE WOODEN SIDING, LOW HANGING, ELECTRICAL WIRES, MISSING STEPS, PORCH HANDRAILS AS WELL.
THIS PHOTO WAS TAKEN FROM THE LEFT BACK SIDE OF THE PROPERTY.
IN THIS PHOTO, YOU'RE ABLE TO SEE THE MISSING AND DAMAGED SIDING, EXPOSING THE WOOD TO THE ELEMENTS.
TOWARDS THE FRONT OF THE STRUCTURE, YOU CAN ALSO SEE THE MISSING HANDRAILS AND THE BROKEN WINDOW.
THIS PHOTO WAS TAKEN LEFT BACK SIDE OF THE PROPERTY.
IN THIS PHOTO, YOU'RE ABLE TO SEE A BROKEN WINDOW, FASCIA, PLYWOOD EXPOSED TO THE ELEMENTS, CITING, MISSING, AND EXPOSED WOODEN PANELS TO THE ELEMENTS AS WELL.
THIS PHOTO WAS TAKEN LEFT BACK SIDE OF THE PROPERTY.
IN THIS PHOTO, YOU'RE ABLE TO SEE THE DAMAGED SIDING EXPOSING THE WOOD TO THE ELEMENTS.
THE FOUNDATION HAS BUCKLED AND IS COMPROMISED.
SECOND, THE SECOND UNDERNEATH STRUCTURE OPENING, ALLOWING EASY ACCESS FOR RODENTS AND ANIMALS, LOW ELECTRICAL WIRES HANGING LOW AND, AND ON THE GROUND AS WELL.
THE PHOTO WAS TAKEN LEFT BACK SIDE OF THE PROPERTY.
IN THIS PHOTO, YOU ARE ABLE TO SEE THE ELECTRICAL BOX WIRES EXPOSED AND NOT SECURE.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE FOR ANY QUESTIONS.
BECAUSE, BECAUSE OF THE, BECAUSE OF THE EXISTING CONDITIONS, 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'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, 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.
[00:15:02]
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 TO ASSESS A CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
ANDRUS SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT, UM, CITY'S EXHIBIT ONE AS WELL AS EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS TWO A THROUGH TWO J.
NOW, UM, I BELIEVE WE HAVE MR. HEMA HERE TONIGHT, JUST IN FRONT.
UM, I JUST NEED TO BE ABLE TO SEE THEM.
MM-HMM,
JAMES, ARE YOU DRIVING THE SCREEN? OKAY.
MAY I BEGIN? YEAH, YOU CAN BEGIN.
UM, SOME BACKGROUND I SENT AN EMAIL TO MELANIE LAST WEDNESDAY WHEN I FOUND OUT ABOUT THE HEARING.
UH, IT WAS A LITTLE SURPRISING TO ME BECAUSE TO DATE I'VE SPOKEN TO AT LEAST FOUR DIFFERENT CODE OFFICERS ABOUT THIS PROPERTY DATING BACK TO 2021 WITH THE SAME INFORMATION RELAYED TO YOU.
SO THE PROPERTY IS, UH, SUBJECT TO A LAWSUIT.
THAT'S WHAT YOU'RE LOOKING AT RIGHT NOW.
IT'S STILL PENDING TO THIS DAY.
IT'S AN OWNERSHIP DISPUTE RELATED TO LEGAL TITLE OF THE PROPERTY, WHICH HAS PREVENTED ME FROM DOING CERTAIN MAINTENANCE ON THE PROPERTY.
IF I HAD IT MY WAY, I WOULD'VE SOLD THIS OR DEMOLISHED THIS THREE YEARS AGO, BUT I CANNOT DUE TO THE ONGOING LITIGATION.
SO I'M JUST GONNA WALK YOU THROUGH THOSE FACTS AND THEN, UH, I'LL MAKE A CONCLUDING STATEMENT.
I KNOW WE HAVE DECORUM HERE, BUT YOU ARE WELCOME TO INTERRUPT ME AND ASK ME ANY QUESTIONS YOU'D LIKE AS I GO.
SO JUST GOING THROUGH THIS, THE FIRST PAGE SHOWS THE DOCKET FOR THE ACTIVE LAWSUIT.
THIS WAS PRINTED THIS MORNING, UM, TO WHOMEVER IS STEERING IT.
IF YOU GO, I THINK TO THE NINTH PAGE OF THIS DOCUMENT, YOU'LL SEE THE ACTUAL ORIGINAL PETITION THAT WAS FILED IN 2017.
SO THIS HAS TAKEN A LOT LONGER THAN I'VE EXPECTED.
AND THEN IF YOU COULD GO A FEW PAGE FARTHER AS AN EXHIBIT.
AND I PUT A RED BOX AROUND THE PROPERTY.
SO YOU CAN SEE THAT THE PROP THERE, IT WAS ONE PAGE BACK 73 10 CARVER IS PART OF THIS LAWSUIT.
UM, IF YOU KEEP FLIPPING THROUGH, THERE'S A PERMIT INFORMATION PAGE.
SO ON THIS PAGE YOU'RE GONNA SEE THAT THERE'S, UH, FIVE CODE VIOLATIONS.
THIS IS FROM THE AUSTIN BILL CONNECT SYSTEM.
I'M GONNA TALK ABOUT THREE OF THOSE.
YOU'LL SEE A CODE VIOLATION FROM 2021, WHICH WAS CLOSED ROW TWO.
YOU'RE GONNA SEE A CODE VIOLATION FROM 2022.
SPEAKING OF TODAY, ROW ONE, YOU'LL SEE A CODE VIOLATION FROM 2023 THAT IS CLOSED.
UH, CAN YOU GO TO THE NEXT PAGE, PLEASE? THE 20 20 21 CODE VIOLATION CAME FROM CODE SUPERVISOR DERICH KNOX.
YOU CAN SEE A SIGNATURE ON THE BOTTOM OF THE PAGE.
IF YOU GO TO THE, I'M SORRY, IT'S NOT.
CAN WHOMEVER'S STEERING SCROLL DOWN TO THE BOTTOM SO THEY CAN SEE.
MR. KNOX'S NAME AND SIGNATURE.
IF YOU GO TO THE NEXT PAGE, YOU'LL SEE THAT MR. KNOX IDENTIFIED SEVERAL ITEMS OF STRUCTURE MAINTENANCE, INCLUDING THE ROOF AND EXTERIOR WALLS.
[00:20:05]
THANK YOU.I CONTACTED MR. KNOX AND RELAYED THE SAME FACTS I RELAYED TO YOU, WHICH IS UNFORTUNATELY THE PROPERTY SUBJECT TO LITIGATION.
I'D BE HAPPY TO CONTINUE GROUND MAINTENANCE, BUT I WAS NOT ABLE TO DEMOLISH THE STRUCTURE AS IT WAS MR. KNOX AGREED.
AS YOU SAW IN THE EMAIL, ENCLOSED THE VIOLATION THAT WAS IN 2021.
COULD YOU CONTINUE SCROLLING PLEASE? IN 2022? THIS IS, UH, THE CODE VIOLATION.
MS. TOVAR, COULD YOU SCROLL TO THE BOTTOM SO THEY CAN SEE MS. TOVAR SIGNATURE AND NAME PLEASE? THANK YOU.
ON THE SECOND PAGE, YOU'LL SEE SHE NOTED THE SAME STRUCTURE, MAINTENANCE RELATING TO THE EXTERIOR WALLS AND ROOF.
I CONTACTED MS. TOVAR AS THE CODE OFFICER MENTIONED, PLEASE KEEP SCROLLING WITH THE SAME INFORMATION I RELAYED TO YOU.
HER RESPONSE WAS, I'M SORRY, COULD YOU SCROLL TO THE TOP OF THAT PAGE? I APOLOGIZE.
COULD YOU PLEASE KEEP SCROLLING? THANK YOU.
IN 2023, I RECEIVED ANOTHER CODE VIOLATION FROM, UH, A MR. MCFARLAND.
IF YOU GO TO THE, IF YOU CONTINUE SCROLLING SO THEY CAN SEE MR. MCFARLAND'S NAME AND SIGNATURE.
ON THE SECOND PAGE, YOU'LL NOTE IF THERE WAS STRUCTURE MAINTENANCE, SIMILAR TO AS BEFORE, MR. MCFARLAND CLOSED THAT VIOLATION AS I SHOWED YOU ON THE FIRST PAGE.
UH, IF YOU CAN PLEASE CONTINUE TO THE NEXT PAGE.
SO IN SUMMARY, I HAVE THREE CODE VIOLATIONS ON THE SAME TOPIC.
STRUCTURE MAINTENANCE, ONE FROM 20 21, 1 FROM 2022, AND ONE FROM 20 23, 21 AND 23 HAVE BEEN CLOSED BASED ON THE FACTS I'VE TOLD YOU AND AS AGREED TO WITH THE CODE DEPARTMENT.
BUT 2022, UM, SOMEWHAT BEWILDERINGLY REMAINS OPEN AND THAT'S WHY I'M HERE.
UM, PART TWO, THIS IS A CRIMINAL TRESPASS NOTICE.
SO PART OF MY AGREEMENT WITH THE, UH, CODE DEPARTMENT WAS THAT THE PROPERTY NEEDS TO REMAIN UNOCCUPIED, WHICH IT WAS, IT HAS BEEN UNOCCUPIED FOR SEVEN PLUS YEARS.
ANY CASE TO AFFECT THAT, TO MAKE SURE THAT THE PUBLIC WAS ABSOLUTELY NOT WELCOME ON THE PROPERTY, WHICH THEY'RE NOT.
I HAVE CRIMINAL TRESPASS NOTICES IN PLACE.
IF YOU'RE UNFAMILIAR WITH THAT, THAT'S WITH THE AUSTIN POLICE DEPARTMENT DISTRICT REPRESENTATIVE.
IT HAS BEEN OFFICER BLACK FOR SOME TIME.
UM, I DON'T HAVE ALL OF MY CASE NUMBERS, BUT IF YOU SCROLL DOWN A LITTLE BIT, THIS ONE PAGE SHOWS I'VE HAD THEM IN PLACE SINCE 20 22, 20 23, AND 2024, WHICH MEANS TO BE PRECISE THAT ABSOLUTELY NOBODY IS ALLOWED ON THE PROPERTY FOR ANY REASON.
AND IF THEY ARE FOUND, THEY'RE TO BE REMOVED AND OR ARRESTED.
SO THE PROPERTY IS VACANT, IT'S PRIVATE AS A NO TRESPASSING SIGN POSTED, WHICH I'LL SHOW YOU IN A MOMENT.
THERE IT IS, AND ABSOLUTELY NO ONE'S ALLOWED ON IT.
UM, COULD YOU SCROLL UP A COUPLE OF PAGES PLEASE? UH, THAT ONE, ONE MORE DOWN, I BELIEVE.
AND COULD YOU ZOOM IN? UM, OFFICER PALEO JUST MENTIONED THE PROPERTY HAS UTILITIES.
THE PROPERTY DOES NOT HAVE UTILITIES.
SO THIS PAGE IS FROM TEXAS GAS OR ONE GAS.
THE GAS SERVICE HAS BEEN RETIRED, WHICH MEANS IT'S BEEN REMOVED IN PREPARATION FOR DEMOLITION.
COULD YOU PLEASE GO TO THE SECOND PAGE? UH, SCROLL DOWN A LITTLE BIT.
SHE SHOWED THE SAME PICTURE, WHICH YOU MENTIONED WAS LIKE LOOSE ELECTRIC CORE WIRES OR SOMETHING.
THAT'S ACTUALLY THE METER BOX.
THE ELECTRICAL METER HAS BEEN REMOVED ALSO IN PREPARATION FOR DEMOLITION.
THAT WAS ACTUALLY DONE THREE YEARS AGO BECAUSE I WAS FINED FOR, FOR METER TAMPERING.
SOMEONE HAD BROKEN INTO THE PROPERTY AND WAS, UM, SIPHONING ELECTRICITY OFF IT.
SO THERE'S NO ELECTRICITY TO THE PROPERTY.
UM, I, THE CITY DOESN'T PROVIDE CONFIRMATION OF WATER, BUT THE WATER METER HAS ALSO BEEN REMOVED BECAUSE THAT METER WAS ALSO TAMPERING WITH SOMEONE STOLE 50,000 GALLONS OF, OF WATER FROM THE PROPERTY.
SO, UH, IN SUMMARY, JUST ON THE STATE OF THE CONDITION OF THE PROPERTY, IT IS VACANT.
IT HAS NO UTILITIES, NEITHER GAS, ELECTRIC, OR WATER.
I'M NOT TRYING TO OCCUPY IT AS A CRIMINAL TRESPASS NOTICE IS IN PLACE.
I WOULD SAY THAT THE CONFLUENCE OF THESE THINGS I MENTIONED, I THINK PRETTY CLEARLY IDENTIFY THAT THIS IS NOT A DANGER TO THE PUBLIC.
AND THIS IS A HEALTH AND SAFETY COMMITTEE.
AND, UH, BECAUSE OF THAT, THE CODE DEPARTMENT HAS TWICE AGREED PRETTY EMPHATICALLY IN 21 AND 23 THAT THEY CLOSED OUT THE VIOLATION.
AND LET ME CONTINUE DOING ROUTE MAINTENANCE DURING THE PENDENCY OF THE LAWSUIT.
UH, COULD YOU PLEASE CONTINUE TO THE LAST PAGE? AND THAT'S JUST A PICTURE OF THE PROP.
I THINK IT'S THE LAST PAGE I HAVE IN MY PACKAGE, I BELIEVE.
ANYWAY, SO THAT'S, THAT'S IT, THAT'S WHAT THE PROPERTY LOOKS LIKE.
[00:25:01]
THERE'S A NO TRESPASSING SIGN.ALL THE WINDOWS ARE BOARDED UP.
IF THEY'RE NOT BOARDED UP, IT'S BECAUSE THEY HAVE BARS IN FRONT OF 'EM.
IF YOU DON'T SEE BARS ON THE OUTSIDE, IT'S 'CAUSE THERE'S BARS ON THE INSIDE.
SO IT'S COMPLETELY SECURE BOARDED UP.
UM, THAT'S TO SAY THE PROPERTY.
NOW, I, I ASKED MELANIE IF THIS COULD BE, THIS HEARING COULD BE POSTPONED ON THE PROPERTY TO THE LATEST POSSIBLE DATE END THE YEAR BECAUSE OF THE FACT OF THE ONGOING LITIGATION.
UH, I WOULD HOPE YOU WOULDN'T WRITE AN ORDER WHEN THERE'S AN OWNERSHIP DISPUTE BETWEEN TO THE PROPERTY.
HOWEVER, IF THAT FOREVER IS IN IS UNACCEPTABLE OR YOU DON'T AGREE WITH ME OR WHATEVER THE CASE MAY BE, I WOULD ASK YOU NOT WRITE A REPAIR ORDER INSTEAD OF WRITE A DEMOLITION ORDER FOR THE MAXIMUM ALLOWABLE TIME.
THAT WAY THAT THIS CAN BE RESOLVED AND THE PLEA BETWEEN PARTIES AND THE ATTORNEYS INVOLVED.
AND IF YOU WRITE THE DEMO ORDER, THAT ALSO PREVENTS EITHER PARTY FROM BEING AFFECTED BY TOLLING OF FINES.
I THINK IT'S $250 TO A THOUSAND DOLLARS A DAY OR WEEK OR WHATEVER IT MAY BE.
BUT MY PREFERENCE IS YOU JUST SET THIS FOR ANOTHER HEARING TOWARDS THE END OF THE YEAR, AND HOPEFULLY BY THE END IT'LL BE RESOLVED.
YOU'LL BE TALKING TO THE ACTUAL OWNER AT THAT TIME, WHETHER IT BE ME OR SOMEONE ELSE.
AND MAYBE BY THEN IT'LL BE DONE.
SO WE WON'T HAVE TO HAVE THIS CONVERSATION.
UM, OKAY, COMMISSIONERS, UM, UH, ACTUALLY I JUST WANTED TO RECOGNIZE COMMISSIONER SELIG.
SO WE'RE ON THE FIRST PROPERTY ON THE AGENDA, JUST SO YOU KNOW.
UM, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR CODE DEPARTMENT OR FOR THE OWNER? MR. HAMAS? MADAM CHAIR, COMMISSIONER FRANCIS, COMMISSIONER OLUGO.
MR. HAMAS, DO YOU SEE SOME MOVEMENT ON THE LITIGATION? DOES IT COURT DATE SET? I MEAN, CAN YOU GIVE US A LITTLE INFORMATION THERE? YES, SIR.
THE, THE CASE ORIGINATED IN PROBATE COURT DECEMBER OF 2017.
I ACTUALLY WON IN 2021, BUT THEN THE, UH, DEFENDANT APPEALED AND IT WENT TO THE TEXAS SUPREME COURT.
I DON'T KNOW IF Y'ALL CAN HEAR ME.
UM, THAT HAS NOW EVENTUATED, IT'S FLOWING BACK DOWN THROUGH THE COURTS.
I'M NOT AN ATTORNEY, SO I DON'T WANT TO BE TOO INTELLIGENT ON THIS TOPIC, BUT MY UNDERSTANDING, IT'S FLOWING BACK DOWN THROUGH THE SUPREME COURT, WHICH WILL GO THROUGH THE APPELLATE COURT AND BACK DOWN THROUGH THE PROBATE COURT, AND THEN THEY'LL MAKE THEIR FINAL ADJUDICATION AND THAT WILL RELEASE IT.
SO THAT'S WHY I WAS SUGGESTING DECEMBER, 2024 OR WHENEVER YOUR LAST HEARING OF THE YEAR IS, I WOULD EXPECT IT TO BE RESOLVED THIS YEAR, AND I EXPECT IT TO BE IN MY FAVOR, BUT UNTIL IT'S DONE, IT'S NOT DONE.
UM, I'LL FIRST, UH, UM, EXTEND SOME EMPATHY TOWARDS, UH, UM, THE PROPERTY OWNERS ACT.
IT SEEMS LIKE A VERY STRESSFUL AND, AND FRUSTRATING SITUATION.
UH, BUT MY QUESTION IS ACTUALLY TOWARDS OUR COUNSEL, UH, UH, HERRERA, UM, COUNSEL, WOULD YOU SAY THAT WHATEVER ORDER WE PLACED TODAY, BECAUSE THE PROPERTY IS UNDER ACTIVE LITIGATION, THAT THEY WOULD, THE PROPERTY OWNER WOULD BE ABLE TO PUT PLACE A INJUNCTION AGAINST WHATEVER ORDER WE PLACE? OR WOULD THIS BE SOMETHING THAT WOULD ACTUALLY TAKE EFFECT? SO I'M, AND I, YOU KNOW, I'VE NOT SPOKEN TO MR. HAMAS' COUNSEL, SO I'M NOT SURE EXACTLY IF THERE'S ANYTHING ELSE FORTHCOMING.
BUT I DID TAKE A LOOK AT THE COURT RECORDS BASED ON THE CASE NUMBER THAT WAS PROVIDED BY MR. HAMAS TO OUR, TO OUR LIAISON, UM, WHO THEN PROVIDED THAT NUMBER TO MYSELF.
UM, FROM WHAT I WAS ABLE TO DISCERN, LOOKING AT THE, UH, TRAVIS COUNTY RECORDS ONLINE, IT DOES LOOK LIKE IN, UM, AUGUST OF 29, OF 2021, EXCUSE ME, THERE WAS A DEFAULT JUDGMENT TAKEN IN THIS CASE.
UM, THAT DEFAULT JUDGMENT DID INVOLVE THIS PARTICULAR PROPERTY.
AND ESSENTIALLY THE COURT DECLARED THAT THE, THAT THE DEFENDANT, SO, UH, MR. HAMAS ACTING IN HIS CAPACITY AS AN, AS THE EXECUTOR FOR AN ESTATE, UM, AS WELL AS TWO OTHER ENTITIES THAT I BELIEVE MAY BE OWNED.
UH, THEY ESSENTIALLY BROUGHT A LAWSUIT TRYING TO DETERMINE THE OWN, THIS OWNER, THIS ISSUE OF OWNERSHIP.
UM, AND THE, THE DEFENDANT IN THAT CASE, ULTIMATELY THIS DEFAULT JUDGMENT DECLARED THAT THEY HAD NO RIGHT, UM, OR OWNERSHIP INTEREST IN THIS PARTICULAR PROPERTY, 73 10 CAR AVENUE.
UM, WHAT THEN PROCEEDED TO HAPPEN IS THAT THIS CASE WAS SEVERED, MEANING IT WAS SPLIT INTO TWO BY THE COURT.
SO YOU HAVE AN ORIGINAL CASE NUMBER, AND THEN YOU HAD A NEW CAUSE NUMBER THAT WAS, THAT WAS CREATED.
THIS PARTICULAR PROPERTY REMAINED WITH THAT ORIGINAL CAUSE NUMBER.
[00:30:01]
THIS ONE THAT WAS FILED IN 2017, UM, THE DEFENDANT THEN PROCEEDED TO APPEAL THAT CASE TO THE 13TH COURT OF APPEALS.THE 13TH COURT OF APPEALS ULTIMATELY AFFIRMED THE TRIAL COURT'S DEFAULT JUDGMENT, UM, ESSENTIALLY DENYING THE APPEAL.
SO THEN THAT DEFENDANT THEN ATTEMPTED TO, TO APPEAL UP TO THE TEXAS SUPREME COURT.
NOW, LOOKING AT THE TEXAS SUPREME COURT'S RECORDS, IT SHOWS THAT THERE WERE THREE TIMES THAT THIS DEFENDANT NOW APPELLANT TRIED TO REQUEST AN EXTENSION FOR TIME TO FILE WHAT'S CALLED A PETITION FOR REVIEW.
THAT'S BASICALLY SOMETHING THAT THE TEXAS SUPREME COURT LOOKS AT TO DETERMINE WHETHER THEY EVEN WANT TO HEAR THE APPEAL.
UM, ESSENTIALLY THE DEFENDANT SLASH APPELLANT MISSED THEIR DEADLINE.
SO THEY WERE GIVEN ONE LAST, YOU KNOW, A THIRD CHANCE TO TRY TO FILE THIS PETITION.
THEY DIDN'T DO SO IN A TIMELY FASHION.
AND SO THE TEXAS SUPREME COURT CLOSED THE CASE.
SO BASED ON THAT, IT LOOKS LIKE THE ORIGINAL DEFAULT JUDGMENT STILL STANDS AND STILL WOULD'VE FULLY ADJU WOULD HAVE FULLY ADJUDICATED THE ISSUE OF OWNERSHIP AS IT RELATES TO THIS CASE.
I BELIEVE THERE MIGHT BE SOME OTHER DOCUMENTATION REGARDING THE OWNERSHIP OF THIS, OF THIS ISSUE, BUT I BELIEVE PERHAPS OUR INSPECTOR COULD SPEAK TO THAT, UM, TO THAT IN MORE DETAIL.
BUT AS FAR AS THE RESEARCH THAT I DID REGARDING THIS PARTICULAR CAUSE NUMBER, UM, THAT IS WHAT I WAS ABLE TO DETERMINE.
BUT AGAIN, I'VE, I'VE NOT HAD ANY CONVERSATIONS WITH MR. HAMAS' COUNSEL, UM, AS HE IS REPRESENTED.
I'M NOT ABLE TO HAVE CONVERSATIONS WITH HIM DIRECTLY.
UM, COMMISSIONER CAMPBELL, UH, JUST SO THAT WAY WE CAN TALK AMONG THE COMMISSIONERS, UM, I'D LIKE TO MOVE TO CLOSE THE PUBLIC PORTION OF THIS HEARING.
SECOND, BEFORE WE CLOSE THE HEARING, I HAVE ONE ADDITIONAL QUESTION.
YOU CAN GO AHEAD AND ASK THE QUESTIONS.
IN YOUR PRESENTATION, DID I HEAR YOU SAY THAT YOU WOULD PREFER THAT THE ORDER WAS TO DEMO INSTEAD OF REPAIR? IS THAT WHAT YOU SAID? YES, SIR.
UH, LET ME EXPLAIN THAT AGAIN IF I CAN.
SO, UH, MY UNDERSTANDING IS TWO PARTS.
I'M NOT ABLE TO ACT ON THE PROPERTY UNTIL THE CAST NUMBER I SHOWED YOU SAYS CLOSE OR FINAL.
IT STILL SHOWS PENDING AS OF THIS MORNING.
UM, AFTER THAT, I CAN DO WHATEVER I WANT.
IN THE INTERIM, IF YOU FEEL COMPELLED TO ISSUE AN ORDER, I WOULD PREFER IT BE FOR DEMOLITION FOR THE MAXIMUM OF TIME AND NOT REPAIR FOR TWO REASONS.
ONE, A REPAIR IS JUST UNECONOMIC.
YOU SAW PICTURES OF THE PROPERTY REPAIRING IT WOULDN'T DO ANYONE ANY GOOD.
AND ALSO THAT ATTRACTS DAILY OR WEEKLY FINES.
IF I DO A DEMOLITION, IF YOU DO A DEMOLITION, I WANT TO DEMO DEMOLISH IT ANYWAY.
SO IT ACTUALLY HELPS WITH THE APPLICATION.
IF I PUT THAT IN THE PERMIT THAT IT'S NOT A MATTER OF MY PERSONAL OPINION.
IT'S, YOU KNOW, AN ORDER THAT SAYS DEMOLISH IT.
AND SECOND, IT ALSO, IF THIS DOES NOT GO MY WAY, THE LITIGATION, UM, PREVENTS TOLLING OF FINES AND PENALTIES EXCEPT FOR THE ACTUAL DEMOLITION THAT YOU MAY OR MAY NOT DO YOURSELF.
UM, IF NOTHING ELSE, LET ME, I'M TRYING TO GET A BETTER UNDERSTANDING AND ALSO THAT WAY TO FIGURE OUT, UM, WHERE YOU ARE IN THE CASE.
IT'S ALREADY GONE ON FOR A FEW YEARS.
SO ACCORDING TO WHAT YOU SUBMITTED TO US, IT LOOKS LIKE THERE WAS AN AGREEMENT OF SOME SORT IN 2022 WITH ALL THE PARTIES.
WAS THAT ANYTHING TO DO WITH THE ACTUAL ISSUE OR JUST SOMETHING ELSE? NO, MA'AM.
UM, THE BASE CASE, AND REMEMBER, I'M NOT AN ATTORNEY.
THE BASE CASE ORIGINATED DECEMBER, 2017.
JUDGE HERMAN RULED IN AUGUST OF 21.
UH, I'M GOING TO PARAPHRASE GROSSLY THAT I WON.
AND REMEMBER, THIS WASN'T JUST ABOUT ONE PROPERTY.
THIS COVERED 50 DIFFERENT TOPICS.
IT WAS VERY COMPLEX AND AS EVIDENCED BY FOUR YEARS OF SOMETHING I DON'T EVER WANNA DO AGAIN IN MY LIFE.
UM, AFTER THAT, THE GENTLEMAN I SUED APPEALED IT, RIGHT? AS COUNSEL HAS STATED, UM, HE LOST THAT APPEAL, MEANING IT WAS FAVORABLE TO ME.
AND THEN HE ATTEMPTED TO APPEAL IT AGAIN TO THE SUPREME COURT.
AND THEN HE DID NOT FILE WHATEVER IT WAS SUPPOSED TO.
AND SO NOW IT HAS TO ROLL BACK DOWN THROUGH THE APPELLATE COURT TO THE PROBATE COURT.
HERMAN HAS TO DO SOME, I DON'T KNOW.
I I UNDERSTAND THOSE, UH, TECHNICAL PARTS, BUT WE DID NOT HAVE AN AGREEMENT IN 2022.
[00:35:01]
TRIAL COURT SHENANIGANS.UM, AND WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING, AND WE HAVE A SECOND BY COMMISSIONER OLUGO.
IS EVERYBODY OKAY WITH US CLOSING THE PUBLIC PART OF THE HEARING? ANY OBJECTIONS? NO.
UH, WE'LL GO AHEAD AND CLOSE THE PUBLIC PART OF THE HEARING, WHICH MEANS WE'VE TAKEN ALL TESTIMONY.
AND THEN, UM, IF YOU HAVE ANY DISCUSSIONS, COMMENTS, UH, DISCUSSION POINTS, I'LL, YOU KNOW, LIKE TO HEAR THOSE.
OR WE CAN ALSO TALK ABOUT MOTIONS.
COMMISSIONER FRANCIS, I GUESS MY QUESTION IS FOR COUNSEL, COULD WE ACCELERATE THAT PROCESS AND SAY, INSTEAD OF REPAIR TO DEMO, ALTHOUGH IT'S POSTED ON THE AGENDA AS AN ITEM, THE BACKUP MATERIAL REFERS TO REPAIR? UH, ALTHOUGH IT, IT IS TECHNICALLY POSTED IN THAT WAY, YOU KNOW, BASED UPON THE EVIDENCE THAT YOU'VE HEARD TONIGHT FROM BOTH THE CITY AND FROM MR. HAMAS, YOU ALL ARE, AGAIN, IT IS A RECOMMENDED ORDER BY STAFF, BUT YOU ALL DO HAVE THE DISCRETION TO MODIFY THE ORDER AS YOU, AS YOU DEEM FIT.
UH, COMMISSIONER CAMPBELL AND THEN COMMISSIONER, UH, I WAS JUST GOING TO SUGGEST THAT, UM, I THINK, UH, MR. KAMASI'S TESTIMONY WAS PRETTY DETAILED AND I FIND IT COMPELLING.
UM, JUST IN LIGHT OF THAT, I AM DEFINITELY INCLINED TO EITHER SWITCH THE ORDER TO DEMOLITION OR POSTPONE, AND I THINK THAT DOING THE DEMOLITION ORDER WOULD PERHAPS BE A BIT BETTER IN THE SENSE THAT IT WOULD BRING SOME FINALITY TO OUR ROLE IN THIS.
UM, BECAUSE MY EYES, A POSTPONEMENT WOULD ESSENTIALLY MEAN THAT YOU WOULD BE BACK IN HERE IN DECEMBER WHENEVER, UM, TO ESSENTIALLY JUST HEAR THE EXACT SAME DEMOLITION ORDER.
UM, AND AT LEAST FROM WHAT WE'VE TALKED ABOUT WITH DEMOLITION ORDERS IN THE PAST, AS LONG AS THE PROCESS IS MOVING ALONG ON YOUR END, THERE SHOULDN'T BE TOO MUCH RISK.
UM, SO THAT, THAT WOULD CERTAINLY BE WHAT I'M THINKING IS THAT WE JUST MODIFY THE ORDER TO MAKE IT A DEMOLITION.
COMMISSIONER SGO, I MOVE TO ADOPT, UH, STAFF'S, UH, FINDINGS OF FACTS AND CONCLUSIONS IN CONCLUSIONS OF LAW AND, UH, ORDER, ORDER THE FOLLOWER AND, AND, UM, AMEND THE ORDER TO, UM, WHAT'S THE LANGUAGE FOR DEMOLITION ORDERS? I DON'T HAVE IT IN FRONT OF ME.
90 DAYS, UH, UH, UM, AND TO ADOPT THE ORDER EXCEPT TO AMEND THAT ON THE 46TH DAY, IF THE, UM, PROPERTY IS NOT COMING TO COMPLIANCE TO ORDER THE CITY TO, UM, DEMOLISH TO GO, TO GO THROUGH THE PROCESS TO DEMOLISH THE PROPERTY, UM, UM, AS THE STANDARD 90 DAYS.
AND AMEND, UH, THAT ON THE, UH, AMEND SECTION ONE THAT WITHIN, IF IT'S NOT AMENDED WITHIN 40, CHANGE 45 DAYS TO 90 DAYS AND CHANGE 46TH DAY TO THE 91ST DAY.
THANK YOU COMMISSIONER FRANCIS.
SO IF, IF I MAY, SO IT SHOULD READ THAT INITIALLY THE PROPERTY OWNER IS ORDERED TO DEMOLISH THE PROPERTY AND WE CAN KIND OF FIX, TWEAK THE LANGUAGE SO THAT IT, IT COMPLIES WITH WHAT YOUR INTENT IS.
BUT ESSENTIALLY AS THE PROPERTY OWNER IS ORDERED TO DEMOLISH THE PROPERTY, AND THEN IF AFTER THE 91ST DAY HE DOES NOT DO, SO THE CITY ESSENTIALLY WOULD HAVE THE ABILITY TO, UM, COMPLETE THE DEMOLITION.
DO WE NEED TO RESTATE THE WHOLE MOTION OR NOT? UH, IS EVERYTHING, WOULD YOU CLEAR? WOULD YOU I GUESS ACCEPT MY, MY FRIENDLY AMENDMENT? I, I ACCEPT, I ACCEPT THE AMENDMENT, THE FRIENDLY AMENDMENT.
UH, COMMISSIONER ELLI, GO AHEAD.
WE HAVE A SECOND FOR THAT MOTION.
UM, I, YOU KNOW, I'M, I DON'T KNOW WHAT TO DO.
I'M A LITTLE STUMPED BECAUSE I DON'T THINK IT'S GOING TO, I DON'T KNOW IF THE CASE WILL BE DONE THAT QUICKLY, BUT I FEEL LIKE MAYBE WE DO HAVE TO DO SOMETHING TONIGHT.
UM, AND THEN IF THE PLAN, IF THE OWNER'S PLAN IS TO DEMOLISH ANYWAY, THEN MAYBE IT DOESN'T REALLY DO ANY HARM, UM, ULTIMATELY IF THAT DOES GO FORWARD.
BUT MADAM CHAIR YES, GO AHEAD.
YOUR, MY UNDERSTANDING ON THE TIMELINE, WE PUT THE 90 DAYS IN PLACE, I THINK AT OUR LAST GET TOGETHER, WE WEREN'T RUNNING 60, THEY WERE RUNNING MORE LIKE THREE TO FOUR MONTHS.
[00:40:01]
THAT PUTS YOU AT SEVEN, EIGHT MONTHS DOWN THE ROAD BEFORE THIS WOULD ACTUALLY, UNLESS THERE'S SOME MOVEMENT ON YOUR PART COMMUNICATED TO CODE ENFORCEMENT TO WORK WITH YOU.DOES THAT MAKE SENSE? I, I DON'T MEAN THIS TO BE FUNNY, BUT I'M DON'T, I DIDN'T FOLLOW ANYTHING YOU JUST SAID.
UM, SO LET ME RESTATE IT IN A WAY THAT I THINK I UNDERSTOOD IT.
I'M NOT A DEVELOPER, I'M NOT A BUILDER.
I DON'T KNOW WHAT A DEMO PERMIT TAKES AS FAR AS TIMELINES.
MY UNDERSTANDING WAS IF YOU RULE TODAY BY SOME STATE STATUTE, THE MAXIMUM AMOUNT OF TIME I HAVE IS 90 DAYS TO COMPLY.
YOU COULDN'T DO LIKE 120 OR SOMETHING ELSE UNLESS THERE'S SOME FACT I'M UNAWARE OF.
YOU CAN CORRECT ME ANY TIME IF I'M WRONG.
OBVIOUSLY THE MORE TIME I GET, THE BETTER.
BUT I DON'T KNOW THE FIRST THING ABOUT GETTING A DEMO PERMIT, BUT I KNOW I WANNA DEMOLISH IT OR SELL IT.
WHAT I'M, BASICALLY WHAT I'M SAYING IS YOU'VE GOT FIVE, SIX MONTHS, SO OFF THE RECORD YEAH.
BY THE TIME THIS GETS PROCESSED, YOU GO THROUGH THAT PROCESS AND IT GOES TO THE CITY OF AUSTIN AND THEY PROCESS THE PAPERWORK, GO THROUGH THEIR DOG AND PONY SHOW, THEN THAT'S ESSENTIALLY WHERE YOU'RE GONNA BE DOWN THE ROAD.
SO WE'LL GO AHEAD AND IF NO OTHER COMMENTS OR, OH, COMMISSIONER OLUGO AGAIN, GO AHEAD.
JUST I GUESS A LITTLE CONTEXT AS TO WHY A MOTIONED FOR A DEMOLITION WAS REALLY THREE PILLARS, UM, DURING LITIGATION.
I THINK IT WAS FAIR TO SAY THAT YOU CAN OFTEN INJUNCT IF THAT THERE'S SOME SORT OF LITIGATION THAT'S TRULY BLOCKING ANY WORK.
NUMBER TWO, AS COMMISSIONER FRANCIS SAID, DEMOS USUALLY TAKE MUCH LONGER THAN THE OFFICIAL 90 DAYS.
NUMBER THREE, IN THIS CASE SCENARIO, THE PROPERTY OWNER WANTS TO DEMO IT OR GIVE TO SOMEBODY WHO WILL DEMO IT.
SO IT SEEMS LIKE A SITUATION WHERE THIS IS JUST A PATH WHERE THIS IS GONNA GO.
ANYWAY, IT MIGHT AS WELL TAKE IT OVER OUR PLATE AND, AND GIVE IT BACK TO THE PROPERTY IN ORDER.
WE CAN DO WHAT, WHATEVER THEY NEED TO DO.
THANKS FOR PROVIDING THE RATIONALE.
I THINK THAT'S VERY CLEAR AND REASONABLE.
WE'LL GO AHEAD AND CALL THE VOTE, UM, ON THIS MOTION THAT WE HAVE.
SO COMMISSIONER SELLEK, SINCE YOU SECONDED, HOW DO YOU VOTE? AYE.
SO, MR. HAMAS, THANK YOU SO MUCH FOR BEING HERE AND GOOD LUCK WITH THE CASE.
ALRIGHT, NEXT, UH, ITEM CHAIR.
ITEM NUMBER FOUR REGARDING 3 1 0 2 Y ROCK DRIVE.
I'M SORRY, DO YOU MIND? SORRY, I FORGOT TO ADMIT THE ONUS EXHIBITS ON THAT LAST CASE.
SO THOSE ARE ADMITTED AS WELL.
UM, ITEM NUMBER 4 31 0 2, WHITE ROCK, WHITE WHITE ROCK DRIVE.
CASE NUMBER, UH, 2024 DASH OH 4 2 3 2 7 HAS BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD.
SO IT'S THE, IS THE WHITE ROCK ONE STILL ON? NO.
SO WE CAN GO TO THE NEXT ONE, RIGHT? YEAH.
[5. Case Number: CL 2024-027597]
ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 2 7 5 97 AND IS REGARDING THE PROPERTY LOCATED AT 900 OLD CANA LANE.STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN JULY, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.
THE COMMERCIAL STRUCTURES ARE CONSIDERED UNSAFE AND HAZARDOUS WITH SUBSTANDARD CONDITIONS THAT REQUIRE DEMOLITION IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE SHOWING THE DISTANCE TO NEARBY SCHOOLS, THE REQUIRED NOTICES, PROOFS OF MAILING, AND THE REQUIRED POSTINGS, A FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K, AND THE RECOMMENDED ORDER CODE SUPERVISOR DAVID DOWNING, IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
900 OLD KENIG IS A COMMERCIAL PROPERTY NEAR THE INTERSECTION OF NORTH LAMAR BOULEVARD AND CANING LANE.
THERE HAVE BEEN 15 COMPLAINTS FOR THIS ADDRESS SINCE THE LAST BUSINESS VACATED THE PROPERTY IN 2023.
THE CURRENT VIOLATION CASE BEGAN WITH A THREE ONE ONE CALL IN JULY OF 2023 WITH A COMPLAINT OF RUBBISH ACCUMULATION AND TRESPASSERS OCCUPYING THE BUILDING INSPECTION OF THE PROPERTY,
[00:45:01]
IDENTIFIED MULTIPLE DEFICIENCIES.CODE STAFF IDENTIFIED THE OWNERS AND COMMUNICATED WITH THEM ABOUT COMPLIANCE RESPONSIBILITIES.
CODE STAFF WORKED WITH THE OWNERS AND A PD TO HAVE TRESPASSERS REMOVED FROM THE PROPERTY.
A TRESPASS AFFIDAVIT WAS IN PLACE AT THE TIME.
EVENTUALLY, THE OWNER STOPPED RESPONDING TO REQUESTS THAT THEY ARE RESPONSIBLE FOR SECURING AND CLEANING THE PROPERTY CODE STAFF HAD A CONTRACTOR INSTALL A FENCE AT THE PROPERTY AND THEN SUBSEQUENTLY RETURNED TO BOARD AND SECURE EVERY OPENING OF THE BUILDING.
ON MULTIPLE OCCASIONS, ANOTHER CONTRACTOR WAS SECURED TO REMOVE SEVERAL DUMPSTER LOADS OF RUBBISH FROM THE PROPERTY.
AUSTIN POLICE HAVE MADE SEVERAL VISITS TO THE PROPERTY TO CLEAR TRESPASSERS.
IN MARCH OF THIS YEAR, AUSTIN FIRE RESPONDED TO A FIRE AT THE ADDRESS IN AN UNIDENTIFIED INCIDENT.
THERE WAS A ROOF COLLAPSE IN THE WEST BUILDING, AND ALL THE PROPERTY IS A PERSISTENT INVITATION TO CRIMINAL ACTIVITY AND CONTRIBUTES TO A BLIGHT CONDITION FOR THE NEIGHBORHOOD AND THE CITY.
THE PROPERTY HAS BEEN LABELED AS DANGEROUS AND PLACARDS HAVE BEEN PLACED ON SITE.
THE LOCATION ADDS TO THE DANGEROUS CONDITION CONCERNS.
THE LOCATION OF THE PROPERTY IS IN A PEDESTRIAN AREA.
IT IS ONE BLOCK FROM MC CAP METRO BUS STOP, AND TWO BLOCKS FROM MCCALLUM HIGH SCHOOL.
THE AREA HAS PEDESTRIAN TRAFFIC FOR THIS PUBLIC TRANSPORTATION AND FOR THE PUBLIC SCHOOLS.
DEMOLITION OF THE PROPERTY IS REQUESTED.
UM, PHOTOS WILL DETAIL THE STRUCTURAL DEFICIENCIES.
UM, TWO A, THIS IS A STREET VIEW.
UH, SO HE'D BE STANDING AT OLD KIG LOOKING AT THE PROPERTY ON NORTH OF MAR BOULEVARD, WOULD BE ON YOUR RIGHT, HEADED TOWARDS.
AND THEN, UM, YOU KNOW, TWO 90 KIG WOULD BE BEHIND YOU TO YOUR SOUTH.
SO THIS IS LOOKING NORTH AT THE PROPERTY.
THERE'S TWO IDENTICAL BUILDINGS.
UM, AND THAT'S THE FENCE SECURING THE PROPERTY.
AND YOU CAN SEE IT'S RECENTLY BEEN BOARDED UP.
UM, THAT'S AN ADDRESS INDICATOR AT THE PROPERTY.
OF COURSE, THAT'S THE WEST BUILDING, WHICH WOULD BE ON THE LEFT IN THE PREVIOUS PHOTO.
AND YOU CAN SEE THE, YOU KNOW, INVITATION TO NUISANCE, THE CRIMINAL ACTIVITY.
UM, OF COURSE WE REMOVED RUBBISH FROM THE PROPERTY AND THAT'S OUR FENCE SECURING IT CURRENTLY.
UM, DANGEROUS PLACARD DUE TO THE ROOF COLLAPSE AND JUST PERVASIVE STRUCTURAL DEFICIENCIES ON THE PROPERTY.
UM, SO THIS IS, AGAIN, LOOKING AT THE PROPERTY.
YOU CAN SEE THERE'S HOLES IN THE BUILDING.
EVERY DOOR AND WINDOW IS DAMAGED.
UM, YOU KNOW, BEHIND THE WINDOW, BEHIND THE PLYWOOD IS BROKEN GLASS, DAMAGED DOORS, REMOVED DOORS, UM, AND SOME TALL WEEDS AND GRASS VISIBLE THERE.
SO ALMOST EVERY STRUCTURAL DEFICIENCY IS VISIBLE IN THESE PHOTOS.
THIS WOULD BE THE FURTHEST WEST SIDE OF THE BUILDING.
UM, AND THIS IS THE ROOF COLLAPSE.
UH, THERE WASN'T ANY WEATHER INCIDENT THAT WENT WITH THIS, I ASSUME IT WAS PEOPLE INSIDE THE BUILDING, REMOVING STRUCTURE, REMOVING COPPER AIR CONDITIONING UNITS FROM THE STRUCTURE, GETTING ON THE ROOF, TRYING TO REMOVE MATERIAL, UM, LED TO THIS ROOF COLLAPSE.
UM, AND THEN IN THE VERY BACKGROUND OF THE PHOTO, YOU SEE THERE'S A TWO STORY MULTI-FAMILY HOUSING UNIT THERE.
SO THIS IS ALL WITHIN PLAIN VIEW OF THE RESIDENCE IN THAT BUILDING.
UM, THIS IS ONE OF THE OPENINGS WHERE TRESPASSERS BROKEN THROUGH THE PLYWOOD AFTER MULTIPLE ATTEMPTS TO GET IT SECURE AND THEN LEFT RUB RUBBISH.
AND WE'LL SEE INSIDE THE BUILDING SOME MORE OF THE DEFICIENCIES.
YOU CAN SEE THE EXTERIOR STRUCTURE.
IT MEETS ALL THE DEFICIENCIES ON THE NOTICE OF VIOLATION.
UM, ALL THE SIDING, THE GRAFFITI, EVERY DOOR AND WINDOW DAMAGED AT THE INTERIOR OF THE STRUCTURE.
YOU CAN SEE HOW MUCH HAS BEEN REMOVED.
UM, EVERY ELECTRICAL SYSTEM, PLUMBING SYSTEM, MECHANICAL SYSTEM IS MOST LIKELY DAMAGED BEYOND REPAIR.
AND THIS IS ANOTHER SUITE THAT'S BEEN UNDER TRESPASS OCCUPATION FOR A PERIOD OF TIME.
ON ONE OF OUR VISITS WITH A PD, WE'RE ABLE TO GET INSIDE THE STRUCTURE AND GET THESE PHOTOS.
NOW THIS WOULD BE IN, I BELIEVE, THE WEST BUILDING, BUT THEY'RE, AGAIN, THEY'RE IDENTICAL.
YOU'RE LOOKING DOWN THE CORRIDOR, UM, AT A HALLWAY THAT ACCESSES EVERY UNIT IN THAT BUILDING.
THESE ARE SMALL OFFICE SUITES THAT USED TO HAVE JUST LITTLE REPAIR SHOPS AND EVERYTHING IN OPERATION.
SO EVERY SQUARE FOOT OF THAT BUILDING SERVES INTO THIS CORRIDOR.
AND THIS WOULD BE THE EGRESS PATH LEAVING THE BUILDING.
SO THE DEFICIENCY FOR FIRE SAFETY, UM, IS VALIDATED HERE.
UM, THERE'S NO FIRE SAFETY SYSTEMS LEFT IN THE BUILDING.
AGAIN, WE CAN SEE JUST CRIMINAL ACTIVITY CAUSING DAMAGE TO THE STRUCTURE.
[00:50:01]
THIS IS STANDING ON THE PROPERTY.LOOKING BACK AT IT, THIS WOULD BE LOOKING SOUTH.
UM, THE TOWER IN THE BACKGROUND IS AT THE CHURCH NEXT DOOR.
AND THE CHARRING ON THE END OF THE BUILDING IS FROM THAT, UM, SMALL RUBBISH FIRE WHERE A FD RESPONDED AND EXTINGUISHED THAT IN MARCH.
UM, AND AGAIN, THE PROPERTY SECURE SAVED THAT ONE OPENING, UM, IN THE RIGHT OF THE PHOTO THAT WAS SECURED LATER THAT DAY.
AND I'M READY FOR ANY QUESTIONS ABOUT THE CASE.
BECAUSE OF THE EXISTING CONDITION SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED UNSAFE AND HAZARDOUS WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURES AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURES AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL ADMIT EXHIBIT ONE AS WELL AS EXHIBITS TWO A THROUGH 2K.
SO I'LL GO AHEAD AND I'LL LIKE TO START WITH, UM, YES, WE HAVE ONUS EXHIBITS.
OKAY, WELL WHEN THEY COME ONLINE THEN I'LL DEFINITELY ADMIT THAT, UM, WE SHOULD HAVE A MR. EY AND MR. TAYLOR ONLINE.
UM, I'LL GO AHEAD AND START WITH, UM, MR. SMITH, YOU ARE WITH THE FIRE DEPARTMENT.
SO WHAT CAN YOU TELL US ABOUT THIS, UH, DEP UH, THIS PARTICULAR PROPERTY AND THE RISKS THAT IT POSES TO THE COMMUNITY? THANK YOU COMMISSIONERS.
I'M THE ASSISTANT CHIEF OF OPERATIONS FOR THE AUSTIN FIRE DEPARTMENT.
UH, THE AUSTIN FIRE DEPARTMENT HAS BEEN TO THIS LOCATION MULTIPLE TIMES.
UH, THE PROPERTY IS A NUISANCE.
THE CURRENT SECURITY IS USUALLY BREACHED, UH, WITHIN DAYS, UM, BY, EXCUSE ME, BY THE UNHOUSED POPULATION.
AND THEY MOVE BACK INTO THIS BUILDING DESPITE ALL THE EFFORTS OF, OF CODE COMPLIANCE AND THOSE THAT HAVE SECURED THE BUILDING AND THEY MOVE BACK IN.
UH, OUR PROBLEM WITH THIS IS AN EXTREMELY DANGEROUS BUILDING.
UH, WE KNOW IT'S OCCUPIED BY UNHOUSED INDIVIDUALS.
UH, AND THAT POSES A DANGER NOT ONLY TO THEM, UM, BUT ALSO TO THE FIREFIGHTERS THAT WILL HAVE TO GO TO THIS BUILDING, UH, TO RESCUE THEM SHOULD ANOTHER FIRE OCCUR, WHICH WE FULLY EXPECT GIVEN THE AMOUNT OF ACTIVITY WE'VE HAD THERE PREVIOUSLY.
UH, SO WE'RE HERE TONIGHT TO, UM, PLEAD OUR CASE THAT, UM, BY THE EXTENT OF LAW, UH, ALLOWED FOR YOU TO EXPEDITE THE DEMOLITION OF THIS PROPERTY.
THANK YOU FOR THAT, UM, INFORMATION.
SO, UM, DO WE HAVE THE OWNER'S REPRESENTATIVES ONLINE? AN ATTORNEY SHOULD BE ONLINE, UM, AS WELL AS AN AGENT, I BELIEVE JEFF TAYLOR YES.
ANYBODY ELSE? YES, THIS IS J THIS IS JEFF TAYLOR.
THANK YOU FOR, UM, COMING ONLINE.
CAN YOU HEAR US? DID YOU HEAR THE, UM, THE TESTIMONY OF THE CODE DEPARTMENT? YES, I DID.
I'VE BEEN LISTENING TO EVERYTHING I APPRECIATE.
UM, I APPRECIATE MR. DOWNING'S, UH, SUMMARY OF THE PROPERTY AND IF YOU GUYS ARE READY, READY FOR ME TO SPEAK, I'M, I'M HAPPY TO SPEAK ON BEHALF OF THE OWNER.
MY NAME IS JEFF TAYLOR AND I REPRESENT THE OWNER OF THE PROPERTY, WHICH IS 59 16
[00:55:01]
NORTH LAMAR INVESTOR, LLC.AND, UM, MR. DOWNING HAS BEEN ASSISTING MY CLIENT IN PURSUING A DEMOLITION ORDER.
UH, I DO WANNA GO THROUGH A LITTLE BIT OF THE HISTORY OF THIS PROPERTY THAT, THAT HE DIDN'T COVER.
UM, BUT I, I KNOW THAT HE ALLUDED TO, UM, MY CLIENT HAS ACTUALLY FILED THREE DIFFERENT, UM, APPLICATIONS FOR DEMOLITION.
THEY FILED IN MAY OF 2023, MAY 19TH AGAIN ON MAY 22ND, AND THEN IN JULY OF 2023.
AND ALL THREE OF THEIR DEMOLITION REQUESTS HAVE BEEN DENIED FOR, UH, VARIOUS TECHNICALITIES.
UM, THE, IT SEEMS THAT THE MAJOR ISSUE WAS THAT THEY WERE FILING IN CONNECTION WITH A, A NEW SITE PLAN THAT THEY WERE GONNA SUBMIT AND HAVE DEVELOPED FOR THE PROPERTY.
AND, UH, UNTIL THAT SITE PLAN WAS FULLY APPROVED BY ANOTHER CITY DEPARTMENT, UH, THEIR DEMOLITION ORDER WAS BEING DENIED.
MR. DOWNING AT SOME POINT STEPPED IN, UM, AND, AND IN NOVEMBER OF LAST YEAR, NOVEMBER 8TH, UM, AND I PROVIDED THE, THE COMMISSION WITH, UM, SOME EMAILS BETWEEN MR. DOWNING AND, AND MY CLIENT'S REPRESENTATIVES.
AND, AND ON NOVEMBER 8TH, IF YOU, IF YOU HAVE ACCESS TO THAT, THAT ONE EXHIBIT, IT'S, UM, IT'S A PDF WITH SEVERAL EMAILS.
AND ON PAGE TWO, UM, MR. DOWNING STATES THE DEMOLITION IS ABSOLUTELY ALLOWED.
UM, AND I'VE HIGHLIGHTED THIS TEXT AND HE GOES ON TO, TO SAY, UM, I WILL TEAM UP WITH MY MANAGEMENT AND LEAN IN TO ANY RESISTANCE TO APPROVING THE DEMOLITION.
SO WHEN HE SAID, WHEN HE SAID THAT HE IS, HE IS LITERALLY TRYING TO HELP, UH, MY CLIENT IN GETTING APPROVAL TO DEMOLISH THESE BUILDINGS, I MEAN, THAT IS ULTIMATELY THEIR GOAL.
UM, AND SO WE ARE NOT OPPOSED TO, UM, TO ULTIMATELY A DEMOLITION ORDER.
UM, BEFORE WE GET TO THAT THOUGH, I DO WANNA STATE THAT THEY HAVE TAKEN STEPS TO FENCE OFF, UH, A PORTION OF THE PROPERTY THAT MR. D DIDN'T SHOW.
THERE'S ANOTHER PART OF THE PROPERTY THAT FRONTS ON LAMAR BOULEVARD, AND MY CLIENT HAS ADDED FENCING AND PLYWOOD TO THAT, TO THAT PORTION OF THE PROPERTY.
BUT, YOU KNOW, UNFORTUNATELY IT, IT'S NOT AS EFFECTIVE AS, AS ONE WOULD HOPE.
AND, UM, YOU KNOW, WHERE THERE'S A WILL, THERE'S A WAY.
SO PEOPLE HAVE MANAGED TO GET THROUGH, THEY'VE HIRED PRIVATE SECURITY TO MONITOR THE SITE.
UM, AND THEY'VE, THEY HAVE MADE EFFORTS TO CLEAN UP THE SITE.
UH, AND OF COURSE THEY HAVE, THEY'VE CALLED THE AUTHORITIES THEMSELVES, DPS, UM, WHEN THERE'S CRIMINAL TRESPASSING.
UM, HAVING SAID ALL THAT, I THINK IT'S CLEAR AND VERY MUCH IN, IN THE SAME WAY.
UH, THE FIRST, UM, THE FIRST MATTER THAT WAS CALLED MR. HAMAS, THIS IS A SITUATION WHERE THEY WANT TO, THEY WANT TO ULTIMATELY DEMOLISH THESE BUILDINGS.
UM, ONE LAST POINT I WOULD MAKE IS THAT THEY, THE REASON THERE HAS BEEN A DELAY SINCE JULY OF LAST YEAR IS YET ANOTHER, UH, SORT OF PERMITTING GLITCH.
UH, THEY WERE REDEVELOPING THIS PROPERTY AND IN THE MIDDLE OF THAT REDEVELOPMENT, WHICH WAS GONNA INVOLVE THE PUBLIC FACILITY CORPORATION AND TRAVIS COUNTY HOUSING AUTHORITY, THE CITY OF AUSTIN, UM, MADE, MADE A CHANGE AND DENIED THE TRAVIS COUNTY HOUSING AUTHORITY, UM, TO PARTICIPATE IN ANY FURTHER PFC STRUCTURES WITHIN THE CITY LIMITS UNTIL FURTHER NOTICE.
SO ONCE, ONCE THAT, ONCE THAT POLICY CHANGE OCCURRED, THEIR PLANS AND THEIR, UH, ULTIMATE TIMELINE FOR, FOR GETTING THIS PROPERTY DEMOLISHED AND MOVING FORWARD WITH THE NEW DEVELOPMENT WERE, WE'RE SORT OF WASHED AWAY.
UM, WHAT I WOULD ASK IS THAT THEY BE GIVEN SOME ADDITIONAL TIME TO LINE UP THE DE THE DEMOLITION.
UM, I, I SEE THAT THE PROPOSED ORDER IS FOR 45 DAYS, JUST LIKE MR. HAMAS, I WOULD ASK THAT THEY BE GIVEN UP TO 90 DAYS BECAUSE THIS IS A, YOU KNOW, THIS IS A COMMERCIAL BUILDING.
THERE'S ACTUALLY TWO AND UH, AND IT WILL TAKE SOME TIME FOR THEM TO, TO LINE UP THAT PROCESS.
BUT ULTIMATELY, UH, WE ARE GENERALLY IN AGREEMENT THAT THE BUILDINGS NEED TO COME DOWN.
UM, IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD? AND ALSO IS, UM, WOULD ONE OF YOUR CLIENTS BE HERE TONIGHT? MY CLIENT REPRESENTATIVE IS WATCHING AND HE'S BEEN, HE IS BEEN, UM, ABLE TO SEE THE PRESENTATIONS, BUT HE DEFERRED TO ME TO SPEAK.
SO, UM, I, I'M HAPPY TO ANSWER ANY QUESTIONS AND I ACTUALLY DO HAVE A, A LINE OF CONNECTION TO HIM IF, IF YOU ASK A QUESTION, I CAN, I CAN, UM, I CAN SEE ABOUT REACHING OUT TO HIM, ALTHOUGH I KNOW THERE'S A DELAY ON THE, THE VIDEO FEED THAT HE'S ON.
UM, SINCE, YOU KNOW, HE'S REPRESENTED BY COUNSEL.
SO WE'LL BE HAPPY TO, UH, POSE ANY QUESTIONS TO YOU.
UM, SO YEAH, THAT'S VERY HELPFUL.
IT SEEMS LIKE WE'RE ALL, WE'RE, UH, I MEAN, WELL YOU'RE ON THE SAME PAGE WITH THE CODE DEPARTMENT'S REQUESTS.
IT'S JUST A MATTER OF, UM, TIMING AND ALL THE OTHER DETAILS.
[01:00:01]
ME SEE IF THE COMMISSIONERS HAVE QUESTIONS.UM, COMMISSIONER SIG, DO YOU HAVE ANY QUESTIONS? 'CAUSE WE CAN'T SEE YOU.
MOVE TO CLOSE THE PUBLIC HEARING SECOND.
UM, WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING AND A SECOND, DO WE HAVE ANY OBJECTIONS TO THAT? NO OBJECTIONS.
WE WILL GO AHEAD AND CLOSE THE PUBLIC PART OF THE HEARING.
I'LL GO AHEAD AND ADMIT THE ONUS EXHIBITS AS WELL.
UM, AND COMMISSIONERS, YOU HAVE THOSE EXHIBITS IN YOUR FOLDERS AS WELL WITH ALL THE EMAILS AND, UH, THE DOCUMENTS THERE.
SO I'M, I MEAN, I DON'T, I, I DON'T THINK THERE'S A LOT THAT WE CAN DO ON THIS ONE, HONESTLY, BUT IF YOU HAVE QUESTIONS FOR THE FIRE DEPARTMENT AS WELL.
MR. SMITH'S THERE, COMMISSIONER CAMPBELL? UH, I WAS JUST GOING TO SUGGEST IT DOESN'T REALLY SEEM LIKE THERE'S GONNA BE MUCH CONTROVERSY ABOUT THE FACTS HERE, AND IT SEEMS LIKE A REASONABLE ACCOMMODATION TO THE PROPERTY OWNERS TO AMEND THE ORDER TO 90 DAYS.
SO I'M GONNA MOTION TO DO THAT.
UM, I MOVE FOR THE COMMISSION TO ADOPT STAFF'S REC, UH, PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMENDED ORDER, EXCEPT WITH THE AMENDMENT THAT IT READ, UH, 90 DAYS, WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.
AND ON 0.2 THAT IT READ ON THE 91ST DAY IF COMPLIANCE HAS NOT BEEN ACHIEVED.
UM, WELL, DO WE HAVE COMMENTS OR ANYBODY WANTING TO SECOND THAT MOTION OR ANYBODY WANTING TO AMEND THAT MOTION? SECOND.
WHAT WAS A DIFFERENT ONE? OKAY, WE HAVE A SECOND.
COMMISSIONER FRANCIS, I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO MOVE THAT BACK TO THE 45 DAYS AND THE 46 DAYS.
AND MY REASON BEING IS I'M CONCERNED ABOUT THE TESTIMONY FROM THE FIRE MARSHAL THAT THIS PUTS FIREFIGHTERS LIVES IN JEOPARDY.
AND WHILE I AM UNDERSTANDING OF THE OWNER'S ISSUE, THAT'S, I THINK OVERRIDES IN THIS PARTICULAR CASE, THAT WOULD BE MY OPINION ANYWAY, THAT WE WOULD CONSIDER LEAVING THAT AT THE 45 DAYS.
THOMAS SARD, WAS THAT YOU, SIR? I WAS JUST GONNA AGREE.
I THINK, UH, YEAH, THERE'S A, OH, OKAY.
WHAT APPEARS TO BE A PRETTY CLEAR FIRE THREAT FOR THIS.
AND AGAIN, IT'S NOT LIKE THE CITY'S GONNA BE BUSTING DOWN THIS, UH, COMMERCIAL PROPERTY AT THAT 46TH DAY, SO THEY HAVE TIME.
SO, JUST IN THE INTEREST OF THE DISCUSSION, I, I THINK, UM, UH, WITH RESPECT TO, UH, COMMISSIONER CAMPBELL, I, I TEND TO, UH, AGREE WITH COMMISSIONERS FRANCIS AND SHUGAR ABOUT THE, THE TIMING ISSUE FOR, I THINK LARGELY THE SAME REASONS.
I THINK IT WAS VERY WELL ESTABLISHED LIFE SAFETY ISSUES, UH, IN THIS BODY OF EVIDENCE THAT, UM, ASSISTANT CHIEF SMITH, UH, SPOKE TO.
UH, ALSO, IT'S, IT'S IS ROUTINELY MENTIONED.
IN FACT, IN THE CASE THIS EVENING, THESE, THESE THINGS ARE SLOW TO GET GOING.
SO, YOU KNOW, IF WE ORDER IT TODAY, IT'S, IT'S UNLIKELY TO BE DEMOLISHED IN, YOU KNOW, IN A WEEK.
AND THEN A THIRD THING THAT KIND OF DISCIPLINES ME TO, TO THE ACCOMMODATION IS THAT, UM, FOR AS LONG AS I'VE BEEN HERE, WHICH IS YOU FIVE YEARS OR SOMETHING, NOW THERE'S ALWAYS, I MEAN, PART OF THE ORDER IS OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
AND, UH, I, I I DON'T BELIEVE THAT VARIOUS TECHNICALITIES DEFEATED, UH, THE PERMITTING HERE.
YOU KNOW, I THINK IF, IF YOU WANT TO TEAR IT DOWN, TEAR IT DOWN, DON'T BUNDLE YOUR APPLICATION WITH STUFF THAT'S GONNA FALL AFOUL OF THAT DEPARTMENT.
AND SO, YOU KNOW, I, I DON'T THINK IT'S, I DON'T THINK IT'S ON US TO, TO JUST ACCEPT THAT, YOU KNOW, SOMEHOW OR OTHER THEY'VE BEEN BURDENED WITH THE TECHNICALITY, YOU KNOW? AND, AND SO THIS JUST SEEMS LIKE A REASONABLE, LET'S GET THIS THING TORN DOWN AS SOON AS WE CAN.
AND I DON'T THINK THEY NEED 90 DAYS.
SO, UM, THAT'S JUST MY KIND OF TWO SONS ON IT.
COMMISSIONER, I'M, I'M THINKING THE SAME THING, HONESTLY, LOOKING AT THE PHOTOS AND THE LOCATION AND EVERYTHING.
COMMISSIONER CAMPBELL, UH, I WAS GOING TO ACCEPT COMMISSIONER FRANCIS'S FRIENDLY AMENDMENT.
OKAY, SO
AND DO WE HAVE, UM, ANY OTHER COMMENTS OR A SECOND ON THAT? DO WE NEED A SECOND FOR, OH, A SECOND.
WE DO NEED TO SECOND IT SO I CAN DO THE VOTE
UM, SO I'LL GO AROUND THE ROOM.
UM, COMMISSIONER SIG, WE HAVE A MOTION.
[01:05:01]
AYE.I'M ALSO IN FAVOR, COMMISSIONER SOAD.
SO, UM, COUNSEL, ARE YOU STILL ONLINE? YES, I AM.
SO, UM, THE COMMISSIONERS HAVE VOTED TO ACCEPT THE RECOMMENDED ORDER AND YOU'LL BE GETTING A COPY OF THAT AND HOPEFULLY, UM, EVERYTHING WORKS OUT FOR YOUR CLIENTS.
I THINK THAT THE TIMEFRAME WILL BE A LITTLE BIT LONGER JUST BASED ON THE SCHEDULES AND THINGS.
WELL, THANK YOU FOR COMING TONIGHT.
OKAY, WE HAVE, UM, THANK YOU MR. SMITH.
WOULD YOU LIKE TO GO TO THE NEXT CASE? YES.
WELL, WE CAN GO TO THE NEXT ONE.
ITEM NUMBER SIX ON THE AGENDA IS, UM, CASE NUMBER CL
[6. Case Number: CL 2024-032792]
2024 DASH OH 3 2 7 92, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 7 1 0 EM FRANKLIN AVENUE.THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN APRIL, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.
THE STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING, MADAM CHAIR AND COMMISSIONERS.
AGAIN, MY NAME IS WILLIS ADAMS, CODE INVESTIGATOR FOR DEVELOPMENT SERVICES OF CITY OF AUSTIN.
FIRST I WANNA START WITH A TIMELINE FOR THE, THIS CASE THAT WAS CALLED INTO, UH, 3 1 1.
ON APRIL 22ND, 2023, I MADE THE FIRST INSPECTION, THE INITIAL INSPECTION ON THE 25TH OF THAT MONTH OF APRIL, 2023.
I OBSERVED A SINGLE FAMILY HOME APPEARED TO BE VACANT AT THE TIME THE COMPLAINT CALLED IN WAS FOR, UH, THE PROPERTY ROOF.
THE STRUCTURE'S ROOF WAS DAMAGED, UM, POSSIBLE INFESTATION.
I WAS ABLE TO CONFIRM THAT THE ROOF WAS DAMAGED, UH, HAD A HOLE IN IT.
UM, ALL THE OBSERVATIONS WERE DONE FROM THE, FOR THE BACK OF THE ROOF, FROM THE PROPERTY ADJACENT TO IT, WHICH IS THE ST.
JAMES MISSIONARY BAPTIST CHURCH.
I DID NOT GO ONTO THE BACK OF THE PROPERTY BECAUSE AGAIN, THERE ARE NO TRESPASSING SIGNS POSTED ON THE PROPERTY.
UH, WINDOWS AND DOORS WERE BOARDED UP, AND SUBSEQUENTLY THIS CASE WAS TRANSFERRED TO A MEMBER OF MY TEAM INSPECTOR FOREST PROBE.
HE TOOK OVER THE CASE, UH, FOR THE PROCEEDING MONTHS, SENT A NOTICE OF VIOLATION FOR THOSE, UH, FOR THE, UH, DEFICIENCIES OF THE, THE ROOF, UH, DAMAGED WINDOWS AND BOARDED UP DOORS.
I WOULD TAKE OVER THE CASE AGAIN IN NOVEMBER.
I WOULD SEND A NEW NOV IN JANUARY OF THIS YEAR FOR THE CONDITIONS RELATED.
IN THE PHOTOGRAPHS YOU'RE GONNA SEE HERE IN JUST A MINUTE, THOSE DEFICIENCIES WERE FOR ROOF DAMAGE, EDGE BOARDS, DAMAGE WINDOWS DAMAGED, AND DOORS THAT WERE DAMAGED.
UH, I'LL SHOW YOU THESE EXHIBITS AND THEY'LL SHOW THE, INDICATE THE, UH, DEFICIENCIES WE FOUND AT THE PROPERTY.
EXHIBIT TWO A, THIS IS A CONTEXTUAL PHOTOGRAPH OF THE FRONT OF THE PROPERTY.
AS YOU CAN SEE, THE FRONT DOOR IS BOARDED.
UM, THERE IS A NO TRESPASSING SIGN ON THE FRONT OF THE PROPERTY.
UH, WHEN THIS PICTURE WAS TAKEN, IT, YOU MAY NOT, YOU MAY NOT SEE IT.
THIS WAS AT THIS, I THINK LAST MONTH, BUT MY INITIAL INSPECTION IN APRIL A YEAR AGO, THERE WAS A NO TRESPASSING SIGN.
UH, THIS IS FROM THE CHURCH SIDE OF THE PROPERTY.
AGAIN, MOST OF THESE PHOTOGRAPHS WERE TAKEN FROM THE PARKING LOT, WHICH IS ON THE NORTH SIDE OF THE PROPERTY.
UH, THIS IS THE REAR EDGE BOARD
[01:10:01]
OF THE ROOFING.UH, THE NEXT PHOTOGRAPH OR SLIDE, I'M SORRY.
EXHIBIT TWO C, EXHIBIT EXHIBIT TWO C.
YOU CAN SEE A SECTION OF THE, AGAIN, THIS IS ALL THESE PHOTOGRAPHS WILL BE FROM THE NORTH SIDE OF THE PROPERTY.
THIS IS, UH, PART OF THE ROOFING OF, OF A DORMER ON THE SIDE OF THE BUILDING.
YOU CAN SEE THE WINDOWS ARE BOARDED UP.
THE DOOR IS BOARDED UP THERE AS WELL.
EXHIBIT 2D UH, THIS IS TAKEN FROM, AGAIN, FROM THE PARKING LOT OF THE CHURCH.
UH, THERE'S DEPRESSION IN THE ROOF, UH, ILLUSTRATED IN THAT EXHIBIT TO E AND THERE IS A HOLE THROUGH THE TREES, UH, VISIBLE THROUGH THE TREES, AGAIN FROM THE PARKING LOT OF THE, UH, MISSIONARY BAPTIST CHURCH.
AND AGAIN, THAT SHOWS DEPRESSION AS WELL AS THE HOLES IN THE REAR OF THE ROOF.
AS I MENTIONED IN THE EARLIER TESTIMONY THAT IT WAS CALLED IN FOR INFESTATION.
OBVIOUSLY THERE'S A POSSIBILITY THAT IT MAY BE INFESTED BY RACCOONS, POSSUMS, SQUIRRELS THAT COULD GET INTO THE PROPERTY.
I HAVE BEEN IN CONTACT WITH THE PROPERTY OWNER.
SHE HAS EXPRESSED DESIRE TO HAVE IT REPAIRED.
UNFORTUNATELY, SHE HAS HAD SOME FINANCIAL DIFFICULTIES AND SO FAR AND WITHIN THE PAST YEAR, IT HAS NOT BEEN REPAIRED.
I'M OPEN FOR ANY QUESTIONS YOU MIGHT 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 AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, 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 CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS THE EXHIBITS, UM, THAT ARE PHOTOGRAPHS MARKED, UM, AS EXHIBITS TWO A THROUGH TWO F.
UM, AND I BELIEVE THAT WE HAVE MS. MCFALL, AM I SAYING IT? MCFALL? OKAY.
ARE YOU HERE, UH, REPRESENTING MR. HOWARD? OKAY.
WOULD YOU, UH, PLEASE TURN ON YOUR MIC.
UH, THERE'S A LITTLE BUTTON ON THE BOTTOM.
IS IT SHOWING RED AT THE TOP? YES.
WHENEVER YOU'RE READY, LET US KNOW WHAT YOU'D LIKE THE COMMISSIONERS TO CONSIDER TONIGHT AND WHAT YOU'D LIKE US TO DO.
CAN YOU HEAR ME OKAY? I THINK, CAN YOU HEAR ME OKAY? YES.
I'M, I'M, UH, I HAVE BEEN REALLY TRYING TO SORT THIS OUT AS WELL AS I CAN.
I'VE HAD SEVERAL COMPANIES TO COME IN AND LOOK AT THE ROOF AND TO GIVE ME BIDS ABOUT REPAIRING IT.
AND THE COMPANIES THAT I'VE CALLED IN, THEY WON'T GIVE ME A BID BECAUSE THEY SAY THAT THE WOOD IS TOO OLD, IT'S TOO DETERIORATED TO REPAIR, SO THEY WILL, WILL NOT GIMME A BID.
SO I HAVE CONTACTED AN ATTORNEY ON THIS AND THE ATTORNEY HAS FOUND OUT THAT THERE ARE OTHER HEIRS INVOLVED.
AND HE TOLD ME TO SEE IF, YOU KNOW, IF I COULD GET A LITTLE MORE TIME.
HE'S WORKING WITH ME ON THIS AND, AND, UH, LOOKS LIKE WE ARE GONNA HAVE TO GET LIKE, A BID TO DEMOLISH BECAUSE IF IT CANNOT BE REPAIRED, UH, I DON'T KNOW WHAT ELSE TO SAY, BUT LIKE I SAID, I'M, I'M TRYING TO DO THE BEST I CAN.
UM, SO ARE YOU, YOU ARE ONE OF THE HEIRS TO MR. HOWARD, IS THAT RIGHT? YES.
[01:15:01]
MANY OTHER PEOPLE ARE DO YOU THINK ARE HEIRS? I'M NOT SURE.UM, SO I THINK THAT IT'LL BE, IT'LL BE HELPFUL IF WE, IF WE KNOW, UM, WHETHER YOU TRIED TO GET ANYTHING ABOUT THE ROOF ITSELF.
DID YOU TRY TO GET ANYBODY TO LOOK AT THE ROOF? THEY, THEY JUST BASICALLY TOLD ME THAT, UM, IT CANNOT BE REPAIRED AND THEY WON'T GIMME A BID.
UM, YES, COUNSEL CHAIR, I'M SORRY.
I KNOW THIS IS UNUSUAL, BUT I, I DO FEEL THAT I NEED TO INTERVENE FOR A MOMENT TO ASK SOME CLARIFYING QUESTIONS, UM, OF MS. MCFALL.
UM, BECAUSE IT SOUNDS LIKE WE MAY HAVE HAD A CHANGE IN OWNERSHIP, AND SO THERE'S CERTAIN LEGAL REQUIREMENTS THAT USUALLY COME INTO PLAY.
MY NAME IS SONYA HERRERA AND, UM, I'M AN ASSISTANT CITY ATTORNEY WITH THE CITY OF AUSTIN.
AND THERE'S JUST SOME QUESTIONS THAT I, I NEED TO GO THROUGH WITH YOU JUST TO KIND OF CHECK SOME BOXES.
UM, FIRST OF ALL, ARE YOU CURRENT, IT'S MY UNDERSTANDING THAT YOUR FATHER, MR. HOWARD THOMAS IS DECEASED.
AND ARE YOU CURRENTLY THE OWNER, OR WHAT IS THE STATUS OF, OF THE OWNERSHIP FOR THE PROPERTY? WELL, I'M THE ONE OF THE SOLE OWNERS BECAUSE, UH, WHEN I WAS LIVING WITH THEM, WHEN THEY WERE LIVING AND I WAS LIVING WITH THEM, I WAS PAYING THE PROPERTY TAXES FOR THEM, BUT THEY WERE EXEMPT.
THEY ONLY PAID A CERTAIN AMOUNT WHEN THE, WHEN, WHEN THEY PASSED, I WENT UP TO THE APPRAISAL DISTRICT AND PUT IT IN MY NAME AND CARE OF ME.
THEY SAID THAT I, I WAS STILL NOT THE OWNER, BUT I'VE BEEN PAYING, PAYING THE PROPERTY TAXES EVERY YEAR, KEEPING TRYING TO KEEP THE HOUSE UP.
AND YOU MENTIONED THAT THERE ARE, YOU HAVE THERE MAYBE SOME SIBLINGS OR THERE MAY BE SOME OTHER HEIRS YES.
RELATED TO THIS PROPERTY? YES.
UH, ABOUT HOW MANY IN TOTAL? I'M NOT SURE.
UH, MY DAD HAD OTHER KIDS BEFORE HE MARRIED MY MOM, SO.
AND I HAD A BROTHER AND HE'S DECEASED, SO I'M THE ONLY ONE STILL HERE.
UM, CHAIR, I BELIEVE WE'RE GOING TO NEED TO POSTPONE THIS CASE ACTUALLY, BECAUSE OF THE FACT THAT IT LOOKS LIKE, UM, MS. MCFALL IS ACTUALLY, AT LEAST THE INDIVIDUAL ENTITLED TO NOTICE.
UM, AND I, I THINK WE NEED TO GO BACK AND JUST EVALUATE WHETHER WE'VE DONE, WHETHER WE'VE FOLLOWED ALL, ALL OF THE NECESSARY LEGAL REQUIREMENTS.
UM, AND I WILL ASK IF STAFF CAN GET TOGETHER WITH MS. MCFALL JUST TO MAKE SURE WE CONFIRM WHO ELSE MAY BE INVOLVED THAT, THAT WE NEED TO POTENTIALLY HA GIVE NOTICE TO OF THESE PROCEEDINGS.
I THINK THAT WILL BE THE BEST TOO.
UM, I DO WANNA POINT OUT THAT, UM, IN ONE OF THE EXHIBITS WE DO HAVE THE APPRAISAL DISTRICT'S, UM, INFORMATION ON THE DETAILS ON THE PROPERTY AND THAT THE LAST RECORDED DEED IS FROM 2018 TO MR. HOWARD.
SO THEY DID DO SOME RESEARCH AND IT'S JUST WHAT'S IN THE SYSTEM.
I I THINK IT'S MORE OF, IN LIGHT OF THE TESTIMONY THIS EVENING, IT'S KIND OF COMING TO LIGHT THAT THINGS HAVE CHANGED SURE.
BASED ON, YOU KNOW, COMPARED TO WHAT'S IN THE, THE TCA D REPORT, WHICH SOMETIMES DOES HAPPEN.
AND SO WE'RE HAVING TO, TO MAKE THAT, THAT SHIFT AT THIS TIME.
YEAH, THAT SOUNDS LIKE REASONABLE.
IT SOUNDS LIKE IT'S THE RIGHT PROCEDURE TO TAKE.
SO MR. I MEAN, MS. MCFALL, UM, WE'RE NOT GOING TO DO ANYTHING TONIGHT BECAUSE YOU ARE NOT THE ACTUAL OWNER ON THE RECORD AS FAR AS FOR TONIGHT'S PROCEEDINGS.
SO YOU, I BELIEVE, UH, THE CODE DEPARTMENT WILL BE IN CONTACT WITH YOU AND ALSO MIGHT MAIL YOU SOME OTHER THINGS.
SO JUST BE ON THE LOOKOUT FOR THAT.
THANK AND DEFINITELY SPEAK TO YOUR ATTORNEY AS WELL.
UH, DO WE NEED TO MAKE A MOTION TO POSTPONE THIS? UH, I THINK IT'S BEEN WITHDRAWN.
IS THAT WHAT I'M GETTING COUNSEL? IS CODE DEPARTMENT GOING TO WITHDRAW IT FROM TONIGHT'S AGENDA, OR DO WE HAVE TO DO ANYTHING AT ALL? 'CAUSE WE DON'T HAVE THE RIGHT PARTY IN FRONT OF US.
WE'LL WITHDRAW FROM TONIGHT'S AGENDA.
AND THAT IS THAT RIGHT? THAT'LL THAT SUFFICE.
UH, MA'AM, UH, I WISH YOU ALL THE BEST OF LUCK AND MAKE SURE YOUR ATTORNEY GETS EVERYTHING DONE
[01:20:01]
SO THAT IT'S PROPERLY IN YOUR NAME.VERY STRANGELY, WE'VE GOTTEN A LOT OF CASES WE CAN DO NOTHING ABOUT
BUT THEY DID HAVE THE AIRSHIP, UH, YES.
SHE HASN'T CHANGED THE TITLE AT ALL, OR ATTEMPTED TO FROM WHAT I UNDERSTAND.
SO I WAS MORE TALKING, I WAS MORE TALKING ABOUT THE LAST FOUR CASES THAT'VE BEEN CASES WHERE IT'S JUST LIKE, YOU KNOW, IT'S KIND OF OUT OF HER HANDS LEGALLY.
IT'S CALLED THE SHOULDER SHRUG, YOU KNOW.
WELL, I THINK THAT THAT HAPPENS SOMETIMES.
UM, WE'RE READY FOR THE NEXT AGENDA ITEM WHENEVER YOU ARE.
SO ITEM NUMBER SEVEN, UH, REGARDING 7 1 3 VARGAS ROAD.
CASE NUMBER, UH, C 2024 DASH OH 4 7 5 1 12 HAS BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD.
THE LAST CASE I LEAVE, WELL, NO, ITEM NUMBER EIGHT.
ITEM NUMBER EIGHT ON THE AGENDA
[8. Case Number: CL 2024-029656]
IS CASE NUMBER CL 2024 DASH OH 2 9 6 5 6 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6 9 0 0 COLONY PARK DRIVE.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.
THE CASE WAS OPENED IN OCTOBER, 2019 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
THE STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS IN EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO E.
AND THE RECOMMENDED ORDER CODE INSPECTOR AARON ROBINSON IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR ROBINSON, PLEASE BEGIN YOUR TESTIMONY.
CAN WE PAUSE FOR A MINUTE, UM, FOR THE PROPERTY OWNER TO RETURN? YES.
UH, CHAIR, CAN I ASK A QUESTION? YEAH, YEAH.
THIS WOULD BE A QUESTION FOR, UH, JAMES.
UH, DID THE PROPERTY OWNER STEP OUT JUST MOMENTARILY OR SHOULD WE MOVE ON TO THE NEXT APPEAL CASE? I THINK IT WAS MOMENTARY.
WE'RE LOOKING BACK JUST ANY MINUTE.
WE HAVE TIME TO STUDY THE MATERIAL.
I AM A CITY OF AUSTIN CODE INSPECTOR FOR DEVELOPMENTAL SERVICES CODE COMPLIANCE.
THE CASE I'M PRESENTING BEFORE YOU WILL BE SUBSTANDARD EXTERIOR DEFICIENCIES.
THE FACTS OF THE CASE ARE AS FOLLOWS, ON OCTOBER THE THIRD, 2019, AUSTIN CO RECEIVED THIS COMPLAINT.
SINCE THE INITIAL INSPECTION AND SUBSEQUENT INSPECTION, THE PROPERTY WAS FOUND TO HAVE MULTIPLE EXTERIOR AND INTERIOR IPMC VIOLATIONS OVER THE PAST FOUR AND A HALF YEARS.
SINCE THE INITIAL COMPLAINT IN OCTOBER OF 2019, THE NOTICE OF VIOLATION HAS BEEN SENT SEVERAL TIMES THROUGH THE REGULAR AND CERTIFIED MAIL TO PROPERTY OWNER AS IDENTIFIED THROUGH TRAVIS COUNTY APPRAISAL DISTRICT, AND MOST RECENTLY POSTED AS OF JANUARY THE EIGHTH OF 2024.
FROM OCTOBER THE 2019 THROUGH APRIL OF THIS YEAR, 2024, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE AND IDENTIFIED PROPERTY OWNER AS CONTINUED TO REFUSE THE CORRECT THE DEFICIENCIES.
THE FACT OF THE CASE ARE AS FOLLOW, I WILL TURN TO MY EXHIBITS, THE FOLLOWING PHOTOGRAPHS I AM PRESENTING AS EVIDENCE OR REPRESENTATION OF THE MULTIPLE DEFICIENCIES FOUND
[01:25:01]
AT THE RESIDENTIAL PROPERTY OF 6,900 COLONY PARK DRIVE.EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF 6,900 COLONY PARK DRIVE FOUND IN THE CURRENT STATE.
THE ADDRESS NUMBERS ON THE MAILBOX IS NOT GOOD ENOUGH FOR THE PREMISES IDENTIFICATION ACCORDING TO IPMC 3 0 4 DASH THREE, WHICH SPECIFICALLY REQUIRES APPROVED ADDRESS NUMBERS TO BE PLACED ON THE BUILDING.
AS STATED PREMISE IDENTIFICATION, BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS PLACED IN POSITION THAT IS PLAIN LEGIBLY AND VISIBLY FROM THE STREET ROAD IN THE POSITION FRONTING THE PROPERTY.
THE NUMBERS SHALL CONTRAST WITH THE BACKGROUND.
THIS SECTION DOES NOT MENTION ANYTHING ABOUT MAILBOX.
OKAY, SO, UH, MY NEXT EXHIBIT, WHICH IS TWO B, AND ALSO I WANT TO MAKE A RECOMMENDATION THAT TWO B AND TWO C ARE THE SAME.
UM, IS ONE, ONE PHOTO IS A CONTEXTUAL AND, AND THE OTHER PHOTO IS JUST AN UP, UP CLOSE PHOTO IN THESE, UM, PHOTOGRAPHS.
THE FRONT LEFT SECTION OF THE HOUSE WHERE YOU SEE A MISSING ANTI SIPHON VALVE, ALONG WITH THE GROUND COVERING THE MULTIPLE SRE POCKETS HAS BEEN REMOVED OR MISSING, EXPOSING THE FOUNDATION TENSION CABLES TO THE ELEMENTS.
NOW LOOK AT, UM, EXHIBIT 2D 2D ALSO SHOWS THE ENTIRE SECTIONS OF THE EXTERIOR SIDING HAVE BEEN REMOVED AND SECTIONS COVERED BY DRYWALL.
EXHIBIT TWO E IS A CLOSEUP AREA SHOWING THE DRYWALL MEANT FOR INTERIOR.
INTERIOR, I'M SORRY, INTERIOR OF THE STRUCTURE BEING USED AS EXTERIOR SIDING.
THIS CONCLUDES MY PRESENTATION OF THE EXTERIOR FOR 6,900 COLONY PARK DRIVE.
I URGE THE COMMISSION TO ACCEPT THE STAFF RECOMMENDED ORDERS.
BECAUSE OF THE EXISTING CONDITION SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
E STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, 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 CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND THAT THE CITY CONCLUDES ITS PRESENTATION.
I'LL GO AHEAD AND ADMIT EXHIBIT ONE AS WELL AS EXHIBIT, UM, TWO A THROUGH TWO E.
AND I BELIEVE WE HAVE MR. IS IT MR. GARCIA? UH, SANCHEZ.
DO WE HAVE ANYBODY ELSE HERE WITH YOU TONIGHT? UH, YES, MA'AM.
ARE YOU THE ONLY ONE SPEAKING? UH, OKAY.
UM, DO YOU MIND TURNING ON THE MIC ON THE BOTTOM, PLEASE? THERE YOU GO.
SO LET US KNOW WHAT YOU WOULD LIKE US TO CONSIDER AND WHAT YOU'D LIKE TONIGHT AND THE COMMISSIONERS WOULD SEE WHAT WE CAN DO.
UM, SO BASICALLY, UM, I HAVE TAKEN CARE OF ALL OF THE THINGS HERE.
UM, I DIDN'T, YOU KNOW, I, THIS IS MY FIRST TIME, SO I DON'T, I DIDN'T COME PREPARED WITH ANY TYPE OF PAPERWORK OR ANYTHING, BUT I DID GET THE PERMIT BY THE TIME THAT THIS, UM, UH, HEARING WAS, UM, I GUESS SUMMONED.
UM, SO I WAS GETTING READY TO GET IT DONE.
[01:30:01]
SINCE THEN, I HAVE GOTTEN THE WORK DONE.UM, JUST SO I CAN STATE SOME FACTS, UM, THE, UH, SHEET ROCK THAT WAS CLAIMED THAT WAS OUTSIDE OF THE HOUSE, UM, USED FOR EXTERIOR, IT'S ACTUAL CEMENT BOARD.
IT'S MEANT FOR, UM, EXTERIOR USE.
UM, AND I DID BRING SOME PICTURES OF ALL THE NEW, LIKE HOW IT LOOKS NOW.
I JUST DIDN'T KNOW I HAD TO, YOU KNOW, UPLOAD 'EM OR DO ANYTHING.
UM, AND MS. ALLIE DID TELL ME THAT SHE UPLOADED THESE TO THE GOOGLE DRIVE FOLDER.
UM, AND THEN I GOT, I, I HAVE PICTURES OF THE ROOF BECAUSE ON THE ORIGINAL, UM, PAPER I RECEIVED WITH ALL THE, UH, THINGS THAT WAS WRONG WITH THE HOUSE, UM, IT HAD THAT THE ROOF WAS IRREPARABLE.
UM, THE, I GUESS THE WATER VALVE IN THE FRONT THAT HE SAYS WAS MISSING WAS, IT WAS NEVER MISSING.
UH, YOU CAN SEE ON THE PICTURES, IT'S ALWAYS BEEN THE SAME VALVE.
THAT ONE SPECIFIC RIGHT UNDER THE WINDOW, UM, IS THE SAME ONE.
AND, UM, YEAH, JUST THE REASON WHY I HAD NEVER DONE GOTTEN AROUND TO IT IS BECAUSE OBVIOUSLY THE MONEY WAS NOT THERE.
UM, UH, WE'VE BEEN, YOU KNOW, TRYING TO COME UP WITH THE MONEY.
I HAVE GOTTEN THE PERMIT OF MAYBE A FEW TIMES, I THINK BEFORE IN THE PREVIOUS YEARS, BUT I NEVER GOT AROUND TO DOING THE WORK ITSELF BECAUSE OF I DIDN'T HAVE THE FUNDS TO DO IT.
UM, SO FINALLY GOT EVERYTHING, UM, READY TO GO.
UM, AND THEN I, I SAW THAT WE WERE SUMMONED FOR THE HEARING, BUT I JUST, UH, GOT ALL THE, EVERYTHING THAT I NEEDED TO DO.
THERE'S A PICTURE THERE WITH THE, UM, NEW NUMBERS IN THE FRONT BY THE DOOR, I GUESS, FOR THE HOUSE.
UH, THE, I DIDN'T KNOW THAT IT NEEDED TO HAVE SOME ON THE HOUSE, SO I NEVER DID IT.
UM, BUT YEAH, I THINK IT, WE HAVE TAKEN CARE OF EVERYTHING THAT WAS ON THERE.
UM, TOMORROW WE ACTUALLY HAVE THE FINAL INSPECTION, UM, WITH THE INSPECTOR FOR THE, UH, EXTERIOR WORK.
UM, LET ME MAKE SURE THAT'S THE LAST ONE.
SO YOU'VE HEARD WHAT THE COURT DEPARTMENT REQUESTED.
NOW THAT YOU HAVE YOUR PERMIT RESUBMITTED, WHAT IS IT THAT YOU WOULD LIKE IF EVERYTHING IDEALLY WENT THE WAY THAT YOU WANTED? UM, LIKE I SAID, I, I, THIS IS THE FIRST TIME I'VE EVER DONE ANYTHING LIKE THIS.
I DON'T KNOW, UM, WHAT, UH, TO DO AFTER THIS, BUT I BELIEVE IT.
I HOPE IT CAN ALL BE CLOSED OUT, I GUESS, OR, UM, I DON'T KNOW.
TOMORROW I HAVE THE FINAL INSPECTION, SO HOPEFULLY AFTER THAT IT ALL, YOU KNOW, GOES AWAY OR CLOSES OUT.
SO JUST TO BE CLEAR, EVERYTHING THAT WAS NOTED HAS ALREADY BEEN REPAIRED THEN.
EVERYTHING THAT'S ON THERE, I WASN'T SURE.
UM, COMMISSIONERS, DO YOU HAVE QUESTIONS FOR THE INSPECTORS OR FOR THE OWNER? COMMISSIONER CAMPBELL? UH, THIS IS A QUESTION FOR MR. SANCHEZ.
UM, I DID JUST WANNA ASK ABOUT TWO SPECIFIC THINGS.
UM, THE FIRST WAS, UH, HAS THERE BEEN ANY CHANGE TO THE ADDRESS, UH, ADDRESS IDENTIFICATION? BECAUSE I BELIEVE THAT, UM, COULD OFFICER, UH, TESTIMONY WAS THAT THE ADDRESS IS CURRENTLY ON THE MAILBOX, NOT ON THE PHYSICAL STRUCTURE.
HAS THAT BEEN CHANGED? UH, YES.
I, I PUT NEW NUMBERS ON THE PHYSICAL STRUCTURE OF THE HOUSE.
UH, LIKE I SAID, I DIDN'T KNOW THAT THE NUMBERS WERE SUPPOSED TO BE ON THE ACTUAL HOUSE.
I THOUGHT IT WAS JUST SUPPOSED TO BE ON THE MAILBOX, BUT I, I PUT SOME, THERE'S A PICTURE IN THERE, YOU CAN SEE THE NUMBERS.
UH, YEAH, IT SHOULD BE ON THERE.
ANYTHING ELSE? COMMISSIONER CAMPBELL? NO.
UM, COMMISSIONER SIG, WERE YOU TRYING TO GET MY ATTENTION? I WAS JUST COUGHING.
UM, COMMISSIONER SUGAR, GO AHEAD.
UM, YEAH, I GUESS WE CAN GET MORE CLARIFICATION
[01:35:01]
MAYBE FROM ROBERT.UM, IT DOES LOOK LIKE ALL THE ISSUES ARE ADDRESSED, AND CONGRATULATIONS.
I MEAN, IT LOOKS LIKE A NEW HOUSE, SO
IT, IT'S BEEN, IT'S BEEN A WORK IN PROGRESS, BUT I FINALLY GOT IT DONE.
YEAH, I, I MEAN, IF EVERYTHING'S BEEN ADDRESSED, EVEN IF WE PUT THE ORDER THROUGH AS RECOMMENDED, IF EVERYTHING TURNS OUT FINE ON THE INSPECTION, OH, SORRY.
I'M CODE INVESTIGATOR JOHN CERNA WITH THE CITY OF AUSTIN.
UM, I HELPED, UH, CODE OFFICER, UH, ROBINSON PREPARE THIS CASE.
UM, I KNOW THAT, UH, THERE'S PROBABLY A MISUNDERSTANDING AS FAR AS THE, THE VALVE ANTIS, SIPHON VALVE IS VERSUS MISSING VALVE IS TWO SEPARATE ISSUES.
WE DO NEED THIS PERMIT, UH, TO BE INSPECTED AND FINALIZED.
UH, IT DOESN'T MEAN THAT IT'S GONNA GET FINALIZED TOMORROW.
THERE MIGHT BE CORRECTIONS THAT THE BUILDING INSPECTOR MIGHT FIND NECESSARY, UH, FOR, UH, THE HOMEOWNER TO MAKE.
UM, AGAIN, WE'VE BEEN, UM, WITH THE HOMEOWNER SINCE TWO, THE PERMIT THAT HE ORIGINALLY, UM, OBTAINED WAS IN, UH, APRIL 10TH, 2019.
AND, UH, HE'S LET LAPSED, UM, ON SEVERAL OCCASIONS.
UM, WE WOULD ASK, YOU KNOW, THAT, UM, TIME BE GIVEN SO THAT THE PERMIT CAN BE FINALIZED IN THE NECESSARY CORRECTIONS THAT MIGHT BE NECESSARY TO MAKE, TO BRING THIS PROPERTY INTO COMPLIANCE.
AND, UM, JUST TO MAKE SURE, INSPECTOR ROBINSON AND MR. SENA, HAVE YOU BEEN ABLE TO LOOK AT THE PICTURES THAT THE OWNER SUBMITTED LATELY? YES.
SO, UM, DO WE HAVE ANYTHING ELSE, COMMISSIONERS, OR DO WE HAVE A, A MOTION? MADAM CHAIR, COMMISSIONER ESTO, AND THEN COMMISSIONER FRANCIS.
UH, JUST A VERY QUICK QUESTION FOR, UM, INVESTIGATOR SERNA.
THE, YOU SAID THAT, UH, THERE SHOULD BE MORE TIME TO LET IT FINALIZE.
ARE YOU SUGGESTING THAT WE SHOULD MODIFY THE ORDER TO THE PROPOSED ORDER TO AFFORD MORE TIME? IS THAT, I JUST WANNA MAKE SURE I HEARD YOU RIGHT.
ACCORDING TO THE, UM, HOMEOWNER, HE FEELS THAT THE, THE, IT SHOULD BE INSPECTED TOMORROW, UM, AND IT SHOULD PASS, UM, JUST SAYING THAT WE ADOPT THE RECOMMENDATION TO, TO, UH, UM, ALLOW FOR, UM, THE TIME THAT, UH, WE'VE SUGGESTED.
SO, COMMISSIONER FRANCIS, DID YOU HAVE QUESTION? THAT WAS MY QUESTION AS WELL.
UM, YEAH, MY, I'M THINKING ALONG THE LINES OF EVERYBODY SEEMS TO BE DOING WHAT THEY'RE SUPPOSED TO BE DOING.
SO IF WE HAVE AN ORDER IN PLACE AND EVERYTHING PASSES INSPECTION SURE.
WHENEVER THAT HAPPENS, THEN THE ORDER IS NOT GOING TO AFFECT YOU IN, IN A NEGATIVE WAY.
UH, AS FAR AS ANY PENALTIES, COMMISSIONER FRANCIS MOVE TO CLOSE THE PUBLIC HEARING.
UM, ANY OBJECTIONS TO CLOSING THE PUBLIC PART OF THE HEARING? NO.
WE'VE CLOSED THE PUBLIC PART OF THE HEARING, AND DID YOU HAVE SOMETHING? DO YOU WANT TO ADOPT THE OWNER'S EXHIBIT? OH, YES.
I'LL ADMIT THE OWNER'S EXHIBITS AS WELL.
THE, THE EXACT EXHIBITS THAT ARE BEING PASSED AROUND.
ANYTHING ELSE? COMMENTS, MOTIONS? YES.
I MOVE TO ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND, UH, THE STAFF'S, UH, RECOMMENDED ORDER.
WE HAVE A SECOND FROM COMMISSIONER CAMPBELL, AND SO NO OTHER, OH, WAS IT COMMISSIONER SUGAR? YOU SECONDED IT? YES.
OH, I THOUGHT I HEARD YOUR VOICE TOO.
WE'LL GO AHEAD AND, UM, GO AROUND THE ROOM AGAIN.
COMMISSIONER SIG, HOW DO YOU VOTE? I VOTE.
SO, MR. SANCHEZ, EVERYBODY, UM, IT SEEMS TO BE ON THE SAME PAGE, SO YOU'LL GET A COPY OF THIS ORDER, UM, IN THE MAIL, AND HOPEFULLY EVERYTHING GOES WELL WITH YOUR INSPECTION.
'CAUSE EVERYTHING LOOKS GOOD ON THE PHOTOS, OKAY? ALL RIGHT.
UH, WELL, UH, ONCE IT, I MEAN,
[01:40:01]
IF, IF WE PASS, UH, TOMORROW, WHAT DO I HAVE TO DO AFTER THAT? MAKE SURE YOU CONTACT, UM, INSPECTOR ROBINSON.ALL RIGHT, WE ARE GOING TO ITEM NUMBER NINE.
[9. Case Number: CV-2024-027973]
ON THE AGENDA IS AN APPEAL REGARDING A RESIDENTIAL DUPLEX LOCATED AT 2 1 0 8 COURTNEY STREET.THE CASE NUMBER IS CV 2024 DASH OH 2 7 9 73.
THE CASE CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS APPEAL BEGAN AS AN A COMPLAINT ABOUT A STRUCTURED CONDITION ABOUT STRUCTURED CONDITION VIOLATIONS AT THE PROPERTY, WHICH WERE CONFIRMED BY DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE ISSUANCE OF THE NOTICE OF VIOLATION.
THE OWNER FILED AN APPEAL FOR THE NOTE OF THE NOTICE OF VIOLATION, WHICH IS WHY WE'RE HERE TONIGHT.
HERE'S SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS MARCH 2ND, 2024.
THE NOTICE OF VIOLATION INCLUDED 12 STRUCTURE MAINTENANCE VIOLATIONS, FIVE OF WHICH ARE BEING APPEALED IN THE READERS OR GOOGLE DRIVE FOLDER.
YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO.
EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOS MARKED AS EXHIBITS TWO A THROUGH TWO H AND DEVELOPMENT SERVICES DEPARTMENT.
RECOMMENDATION INSPECTOR LATASHA PATERNO IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LATASHA PATERNO AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A DUPLEX RESIDENCE LOCATED AT 2108 COURTNEY STREET HERE IN AUSTIN, TEXAS.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS YIP, ERICA OF TWO 10 CHINA BERRY LANE NUMBER TWO 10 IN ALAMEDA, CALIFORNIA.
THE CASE ORIGINATED ON TWO MARCH, 2024 WITH A 3 1 1 COMPLAINT FOR ELECTRICAL HAZARDS, BROKEN SWITCHES, OUTLETS, FENCE, PLUMBING ISSUES, DRAIN WATER LEAKS, STRUCTURAL DETERIORATION, ROTTED WOOD, ABANDONED OR OPEN STRUCTURES INSIDE OF THE STRUCTURE BACK OF PROPERTY ON MARCH 4TH, 2024.
I SPOKE WITH THE COMPLAINANT AND SCHEDULE AN INSPECTION FOR MARCH 6TH.
ON MARCH 6TH, I RESPONDED TO UNIT A OF THE DUPLEX.
THE COMPLAINANT GREETED ME OUTSIDE AND EXPLAINED THE VIOLATION, STARTING WITH THE EXTERIOR SIDING, SHOWING SIGNS OF DETERIORATION AND SEVERAL VISIBLE HOLES NEAR THE BACKYARD GATE ENTRANCE INSIDE WINDOW.
ONCE INSIDE THE RESIDENCE, THE COMPLAINANT POINTED OUT AREAS OF WHERE THE POPCORN CEILING IN THE LIVING ROOM HAD FALLEN EVIDENCE OF PRIOR WATER LEAK IN THE MASTER BEDROOM CEILING, ALONG WITH PEELING POPCORN AND A SIMILAR SITUATION IN THE MASTER BEDROOM BATHROOM OVER THE SHOWER.
WHILE THE COMPLAINANT POINTED OUT OTHER CONCERNS IN THE KITCHEN, I OBSERVED THE PEELING PAINT ALONG THE WALL AS YOU WALK INTO THE KITCHEN.
THESE VIOLATIONS WERE CITED UNDER AUSTIN CITY CODE SECTION, INTERIOR SURFACES SECTION 3 0 5 0.3, WHICH STATES ALL INTERIOR SURFACES, INCLUDING WINDOWS AND DOORS, SHALL BE MAINTAINED IN A GOOD CLEAN AND SANITARY CONDITION.
PEELING, CHIPPING, FLAKING OR BRAIDED PAINT SHALL BE REPAIRED, REMOVED OR COVERED, CRACKED OR LOOSE PLASTER DECAY, WOOD, AND OTHER DEFECTIVE SURFACES.
CONDITIONS SHALL BE CORRECTED.
THE COMPLAINANT STATED THAT THE SHOWER WAS NOT DRAINING PROPERLY, SHOWING ME A VIDEO AND PHOTOS OF THE SHOWER WATER POOLING AROUND HIS FEET.
THIS IS THE SHOWER THAT'S LOCATED IN THE MASTER BATHROOM EN SUITE.
I TURNED ON THE SHOWER ALLOWING THE WATER TO POOL WITHOUT MAKING ANY ADJUSTMENTS TO THE DRAIN CLOSURE.
THE WATER BEGAN TO FEEL THE BOTTOM OF THE BATHTUB.
I TURNED OFF THE SHOWER WATER AND THE WATER JUST SAT FINALLY ADJUSTING THE DRAIN LEVER BY CLOSING AND OPENING IT.
THE WATER BEGAN TO DRAIN FROM THE BATHTUB.
THIS VIOLATION WAS CITED UNDER AUSTIN CITY CODE SECTION MAINTENANCE 5 0 6 0.2, WHICH STATES EVERY PLUMBING STACK, VENT, WASTE, AND SEWER LINE SHALL PROPERLY, SHALL FUNCTION PROPERLY AND BE KEPT FREE FROM OBSTRUCTIONS, LEAKS, AND DEFECTS.
THE INSPECTION CONTINUED WITH NUMEROUS OTHER VIOLATIONS BEING DOCUMENTED.
AT THE CONCLUSION OF THE INSPECTION, THE COMPLAINANT ARTICULATED SEVERAL OTHER VIOLATIONS THAT I DID NOT VISUALLY VERIFY.
[01:45:01]
HAD PHOTOS AND WOULD FORWARD THEM TO INCLUDE THE, TO INCLUDE THE PHOTO OF THE FURNACE ROOM.I RECEIVED AN EMAIL FROM THE OWNER MANAGEMENT COMPANY QUESTIONING SEVERAL OF THE VIOLATIONS STATING THEY WERE COSMETIC IN NATURE.
I ATTEMPTED TO CLARIFY THAT THE VI VIOLATIONS WERE NOT COSMETIC, REFERRING TO THE NOTICE OF VIOLATION, WHICH DIRECTLY CITES THE AUSTIN CITY CODE EXPLANATION.
I ALSO RECEIVE EMAILS FROM THE COMPLAINANT AND MANAGEMENT INDICATING A LACK OF COOPERATION TO SCHEDULE REPAIRS.
ON APRIL 16TH, 2024, A FORMAL LETTER WAS RECEIVED FROM THE PROPERTY OWNER REQUESTING AN APPEAL OF THE VIOLATIONS DESCRIBED ABOVE.
TO THIS DATE, I HAVE CONTINUED TO RECEIVE COMPLAINTS FROM THE COMPLAINANT INDICATING LEAKS AND DRAIN ISSUES ESCALATING FROM THE INITIAL INSPECTION.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
SO EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY, UH, OF THE DUPLEX, UM, STANDING IN THE DRIVEWAY.
THIS IS A UP CLOSE PHOTO, UH, I'M SORRY, EXHIBIT TWO B.
THIS IS JUST A UP CLOSE PHOTO INDICATING THAT I'M, UH, ABOUT TO ENTER UNIT A, EXHIBIT TWO C.
UM, FROM THE VERY FIRST PHOTO TO YOUR LEFT IS WHERE THE GATE ENTRANCE IS TO THE BACKYARD FOR, UH, DUPLEX A.
SO THIS IS RIGHT ALONG THE SIDE.
BEFORE YOU EVEN ENTER, ENTER THE BACKYARD, YOU COULD SEE THE DETERIORATION OF THE SIDING.
NEXT PHOTO PLEASE, WHICH CONTINUES ON THROUGH THE GATE.
ON THE OTHER SIDE OF THE GATE, YOU CAN SEE THE WINDOW, UM, SEAL RIGHT THERE AT THE BOTTOM LEFT.
AND YOU CAN SEE THE DETERIORATION OF THE SIDING.
THERE'S ACTUALLY A HOLE YOU CAN'T REALLY TELL FROM THE PHOTO, BUT IT'S RIGHT ON THE OTHER SIDE OF WHERE THE GATE POST IS.
THERE'S THE, UH, AN ADDITIONAL HOLE THERE ALONG THE, THE WINDOW.
UM, THE FRAMING OF THE WINDOW AT THE BOTTOM LEFT.
THIS IS IN THE LIVING ROOM SHOWING A POPCORN CEILING PEELING.
YOU CAN SEE WHERE THE PAINT HAS PEELED AS YOU ENTER THE KITCHEN.
THIS IS ME RUNNING THE WATER IN THE MASTER BATHROOM, MASTER BEDROOM BATHROOM EN SUITE TO FILL THE BATHTUB.
SO THE WATER HAS BEEN TURNED OFF AND THE WATER IN THE, IN THE BOTTOM OF THE BATHTUB IS NOT MOVING.
UM, YOU COULD ALSO TELL THAT I DID NOT ENGAGE THE, THE CLOSING MECHANISM.
NEXT PHOTO STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO H, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS DEVELOPMENT SERVICES.
RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE APPEAL DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
I'LL GO AHEAD AND ADMIT EXHIBITS, UM, ONE AS WELL AS THE PHOTOGRAPHS MARKED TWO A THROUGH TWO H.
UM, SO I BELIEVE WE HAVE SEVERAL PEOPLE HERE.
DO WE HAVE MS YIP ONLINE, YIP OR DO WE HAVE, UH, MR. WELL, UM, IF YOU CAN HEAR ME AND YOU ARE HERE FOR THIS PROPERTY, PLEASE DO A STAR SIX TO UNMUTE YOURSELF FOR 2 1 0 8 COURTNEY STREET.
YES, TODD, WELL AND ERICA YIP.
UM, CAN YOU PLEASE REPEAT YOUR INTRODUCTION? I'M SORRY.
HELLO, THIS IS ERICA YIP AND TODD WELLNESS.
AND YOU ARE FOR THE PROPERTY MANAGEMENT? I CAN'T, I CAN BARELY.
ARE THERE TWO PEOPLE? OKAY, THIS IS ERICA.
CAN YOU STILL, CAN YOU HEAR ME? YES, I CAN HEAR YOU CLEARLY.
MY NAME IS ERICA YPP AND TODD WELLNESS IS THE BUSINESS PARTNER WHO IS ASSISTING WITH TONIGHT'S HEARING.
ARE YOU BOTH ON THE SAME LINE OR IN SEPARATE LINES? WE HAVE TWO PHONES.
SO WHO IS SPEAKING FIRST? WE JUST NEED TO KNOW WHO SPEAKS FIRST AND THEN YOU'LL BE ABLE TO ADDRESS, UH, THE COMMISSIONERS AND
[01:50:01]
THEN IF SOMEBODY ELSE IS SPEAKING, THEN YOU CAN SPEAK AFTERWARDS.SO LET US KNOW WHAT, WHAT'S GOING ON WITH THE PROPERTY.
BECAUSE YOU HAVE ABOUT FIVE DIFFERENT, UM, UM, VIOLATIONS THAT YOU'RE APPEALING.
AND, UH, UH, THANK YOU MS. PATERNO COMMISSION MEMBERS AND STAFF.
UM, THE NU THE ITEMS THAT WE ARE APPEALING, UM, ARE VIOLA THE FIRST VIOLATION, WHICH WE, LOOKING AT THE LEASE, WHICH I BELIEVE WE SENT IN THAT YOU SHOULD HAVE AS AN EXHIBIT, UM, MENTIONS THAT THE HOME IS AS IS.
UH, AND THIS IS IN REFERENCE TO THE FURNACE CLOSET HOLE IN THE WALL.
UM, THE THING IT'S AS IS, UH, YOU KNOW, SECTION 15 B MENTIONS OF THE LEASE THE LANDLORD MAKES NO EXPRESS IMPLIES WARRANTIES, PROPERTIES, CONDITIONS, UH, PAID.
UH, SECTION 26, LANDLORD IS NOT RESPONSIBLE FOR DAMAGE INJURY, UH, FOR TENANT NEGLIGENCE.
AND SECTION 33 A, UH, THERE ARE NO ORAL AGREEMENTS BETWEEN LANDLORD AND TENANT.
THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT MAY NOT BE EXCHANGED EXCEPT BY WRITTEN NOTICE.
UM, WE'RE APPEALING THAT BECAUSE AS PART OF THIS PROCEDURE, WE ACTUALLY HAD A CONTRACTOR GO OUT AND SAID THERE IS NO HOLE.
AND, BUT WE ALSO THINK THAT THAT IS COSMETIC IN NATURE.
WE DON'T HAVE ANY EYES INSIDE THE PROPERTY.
THE NEXT ITEM, IF YOU'D LIKE ME TO PROCEED, UH, IS VIOLATION NUMBER FOUR, REFERENCING THE PAINT PEELING ALONG THE KITCHEN.
UM, THAT'S COSMETIC IN NATURE AND THE LEASE CLEARLY OUTLINES ALL OF THAT IS WE ARE LOOKING ALL MOVING ON TO VIOLATION NUMBER SIX, EXTERIOR SIDING, UNIT A NEAR, UM, NEAR THE YARDS IN DISREPAIR.
AND JUST FOR THE RECORD, WE, WE HAVE EVERY INTENTION OF WORKING WITH THE CITY ON THESE ISSUES.
AND OUR NUMBER ONE CONCERN IS PROVIDING A SAFE AND HEALTHY ENVIRONMENT FOR OUR TENANTS.
AND WE FEEL THAT'S COSMETIC IN NATURE.
VIOLATION NUMBER NINE, A CEILING IN THE LIVING ROOM.
UM, IT'S ALSO COSMETIC IN NATURE AS WELL AS VIOLATION NUMBER 10, MASTER BEDROOM.
UM, AND THAT'S, THAT'S OUR APPEAL.
WE HAVE A LITTLE BIT MORE INFORMATION AND I APOLOGIZE, THIS IS MY APP FIRST TIME BEING IN THE PROCESS LIKE THIS.
UM, SO I'LL, I'LL LEAVE IT THERE.
I'M NOT EXACTLY SURE WHERE TO GO.
UM, I, I THINK I'M NOT A HUNDRED PERCENT CLEAR ON ALL OF YOUR EXPLANATIONS AND REASONING, BUT I'LL COME BACK TO YOU.
IS MS YIP, UH, WANTING TO ADDRESS THE COMMISSIONERS AS WELL? NO, THAT'S OKAY.
UH, WELLNESS CAN SPEAK ON, ON THAT HEARING.
SO JUST TO SUMMARIZE, UM, ON, BECAUSE YOU HAVE FIVE OF THEM, AND YOU SAID, UM, ACCORDING TO YOUR LEASE, YOU ARE NOT REQUIRED TO MAKE, UM, COSMETIC REPAIRS AND THAT ALL THESE VIOLATIONS ARE COSMETIC IN NATURE.
BUT I DON'T KNOW THAT I HEARD YOU SPEAK ABOUT THE TUB.
AM I MISSING THAT? WELL, UM, TH THAT WE'RE NOT APPEALING.
UM, THE CHALLENGE, THE BIGGEST CHALLENGE IS WE TOOK OVER THIS PROPERTY IN 2022 WITH ANOTHER PROPERTY MANAGEMENT COMPANY.
THIS TENANT MOVED IN, WE CAME TO, TO THE STATE OF TEXAS.
WE MET HIM DIRECTLY, GAVE, YOU KNOW, COMMUNICATED WITH OUR CELL PHONE AND, AND TOOK CARE OF ALL REPAIRS, WALKED THE PROPERTY.
HE MENTIONED THE BATHTUB HAD A SMALL CRACK.
AND I SAID, OKAY, YOU KNOW, OF ALL THE CONCERNS, WHAT'S YOUR NUMBER ONE, YOU KNOW, HOW CAN YOU RANK THEM FOR US? AND HE SAID, THE DILAPIDATED FENCE, WHICH HE HAS A MUCH LARGER DOG THAN WHAT WAS PUT ON THE LEASE.
I SAID, OKAY, WE NEED TO DEFINITELY TAKE CARE OF THAT.
AND HE SAID HE DOESN'T USE THE FRONT BATHROOM.
SO WE SAID, OKAY, WELL WE'RE GONNA GET TO THAT.
AND SO NOW THAT WE'VE RECEIVED OTHER PICTURES, WE FOUND THAT IT IS, UH, DRAMATICALLY DIFFERENT THE SIZE OF THE CRACK, WHICH IS VERY CURIOUS BECAUSE IT'S NOT BEING USED.
UM, WE ARE GOING TO ADDRESS THAT.
AND OUR NUMBER ONE CONCERN IS OUR PROPERTY IS WHAT YOU, UM, WHAT THIS PATERNAL MENTIONED IN THE BEGINNING IS LACK OF COMMUNICATION WITH THE TENANT AND THE PROPERTY MANAGEMENT COMPANY.
AND I APOLOGIZE THAT THIS IS THE VENUE THAT YOU'RE HEARING ABOUT THIS.
THAT'S WHY WE HAVE A PROPERTY MANAGEMENT COMPANY.
WE CAN'T, THE TENANT IS SCHEDULED APPOINTMENTS WITH CONTRACTORS OR HE'S NOT SHOWING UP OR THEY'RE BEING RESCHEDULED, OR HE'S NOT ABLE TO CONFIRM THAT HIS LARGE
[01:55:01]
DOG IS GOING TO BE SAFELY PUT AWAY SO WE CAN DO REPAIRS.SO THE BIGGEST CONCERN IS COMMUNICATION WITH THE TENANT.
WHY, WHY THE PROPERTY MANAGEMENT COMPANY? WE CAN'T FIGURE THIS OUT.
AND WHEN CAN WE DO THE WORK? WE'RE HAPPY TO DO THE WORK.
WE'RE JUST APPEALING SOME OF THE COSMETIC ISSUES.
SO YES, I'M JUST TRYING TO MAKE SURE I UNDERSTAND.
JUST, UH, BE ON STANDBY PLEASE.
COMMISSIONERS, DO YOU HAVE ANY QUESTIONS? THANK YOU FOR MR. WELLNESS.
UM, THIS GOES TO THE PROPERTY OWNERS, UM, AND, AND THE REPRESENTATIVE, I'M, I'M CONFUSED ABOUT WHAT EXACTLY THE APPEAL IS HERE BECAUSE I SEE ON ALL OF THE ITEMS THAT YOU'VE APPEALED IN THE APPEAL LETTER, IT POINTS TO THE LEASE AND THE PROVISION THAT SAYS THE CONDITION OF THE HOME IS AS IS.
BUT I, I'M JUST UNSURE WHY THAT CONTRACT WOULD AFFECT YOUR OBLIGATIONS UNDER THE CITY OF AUSTIN'S BUILDING CODES.
LIKE I, IIII, I DON'T UNDERSTAND HOW THIS ACTUALLY AFFECTS THE VIOLATION AS IS.
IF YOU COULD OFFER SOME MORE EXPLANATION AS TO WHAT YOUR THEORY HERE IS OF WHY THE VIOLATION WAS INADEQUATE.
UM, WE'VE, WHEN LOOKING AT THE LEASE, THAT'S A LEGAL DOCUMENT THAT PUTS EVERYBODY ON THE SAME PAGE, UH, NO PUN INTENDED.
AND SO ONCE THE INDIVIDUAL MOVES IN, THEY AGREE TO THE CONDITION OF THE PROPERTY.
IF THERE'S ANYTHING THAT'S UNSAFE OR UNHEALTHY, WE ADDRESS IT IMMEDIATELY.
NONE OF THIS CAME UP WHEN WE WERE IN PERSON EXCEPT THE BATHTUB CRACK.
UM, AND THEN THE, OF COURSE, THE FENCE.
AND SO WE DON'T HAVE CAMERAS INSIDE.
WE DON'T KNOW WHAT'S GOING ON, AND WE DON'T KNOW WHY THE, WHY WE SPENT $3,000 PREPPING AND CLEANING THE PROPERTY BEFORE HE, BEFORE THE TENANT MOVED IN.
AND HOW IT BECOMES DILAPIDATED IN LESS THAN A YEAR.
AND IF WE CAN'T GO IN AND INSPECT IT, YOU KNOW, WE'RE JUST GONNA GO TO THE LEASE AND IT SAYS PEELING PAINT.
I MEAN, IT KIND OF HAPPENS AND WE WILL REDO IT.
BUT THAT'S NOT SOMETHING THAT WE'RE JUST, I, I GUESS THE ANSWER IS WE'RE NOT SURE IF THAT BUILDING CODE IS SOMETHING WE NEED TO ADDRESS OR IF IT IS LIKE, OPTIONAL FOR FEELING PAIN, SO.
UM, WELL, IT'S A LITTLE BIT ODD THAT YOU WOULD APPEAL IF YOU HAVEN'T VERIFIED THAT IT'S AN ACTUAL ISSUE OR AS OPPOSED TO A COSMETIC ISSUE, BUT I'LL LET THE COMMISSIONERS ASK YOU.
AND JUST TO, JUST TO, I'M SORRY.
JUST TO ADD TO THAT, WE HAVE BEEN IN THE PROPERTY, WE HAVE SEEN IT WITH THE TENANT.
WHY DIDN'T ALL THESE THINGS COME UP WHEN WE WERE PHYSICALLY ON PREMISE IN OCTOBER AND WE'VE HAD A PROPERTY MANAGEMENT PERSON PHYSICALLY INTRODUCE THEMSELVES COMING TO THE PROPERTY.
WHY IS, DID THAT NOT COME UP YET? IT'S COMING UP NOW IS KIND OF OUR QUESTION, AND I APOLOGIZE IF, IF WE DON'T UNDERSTAND THE VI THE, UM, CODES.
UM, BUT THAT'S, WE'RE JUST FRUSTRATED WITH NOT BEING ABLE TO ENTER OUR PROPERTY AND FIX THINGS.
THIS WOULD BE A QUESTION FOR COUNSEL.
UM, WOULD YOU SAY THAT, UM, I'M NOT A LEGAL SCHOLAR.
I'M A, I'M NOT A MERE MORTAL, UH, DO LEASE AGREEMENTS SUPERSEDE, UH, BUILDING CODE OR OTHERWISE? UH, UH, THE, THE STATUTORY LAW, UH, PASSED BY THE CITY OF AUSTIN OR BY THE STATE OF TEXAS? SO FROM A REGULATORY PERSPECTIVE, THE OWNER REMAINS RESPONSIBLE FOR THE PROPERTY.
THEY REMAIN RESPONSIBLE FOR COMPLYING WITH BUILDING CODES FOR COMPLYING WITH PROPERTY MAINTENANCE, UH, CITY OF AUSTIN CO, YOU KNOW, THE CODE OF ORDINANCES FOR THE CITY OF AUSTIN.
ANY MATTERS INVOLVING THE LEASE, ANYTHING INVOLVING LANDLORD VERSUS TENANT, THAT'S REALLY MORE OF A PRIVATE DISPUTE.
AND THAT'S REALLY FAR BEYOND THE SCOPE OF WHAT THE BSC CAN CONSIDER.
UM, SO I HAVE NOT, UM, THAT'S, THAT'S GOOD TO KNOW.
SO, UH, 'CAUSE I REALLY WANT US TO STAY FOCUSED ON THE, THE VIOLATIONS.
IT DOESN'T SEEM LIKE THE OWNER, NOT ONLY HAVE THEY NOT DISPUTED THE VIOLATIONS THEMSELVES, UM, ONLY BRINGING UP THE LEASE AGREEMENT, WHICH IS IRRELEVANT.
UM, IT ALSO DOESN'T SEEM LIKE THEY HAVE BEEN IN PERSON RECENTLY TO BE ABLE TO CONTEST THE VIOLATIONS.
UM, YOU KNOW, UH, WHETHER OR NOT A PROPERTY BECAME DILAPIDATED, THIS HAPPENS FREQUENTLY, RIGHT? WHERE A PROPERTY HAS BEEN DILAPIDATED FOR YEARS AND YEARS, BUT IT'S ONLY WHEN SOMEBODY CALLS IT IN THAT IT COMES, UM, TO US.
[02:00:01]
SEMI-RANDOM, BUT, UM, THE STATE OF THE, THE CODE IS THE STATE OF THE CODE, AND THE STATE OF THE HOUSE IS THE STATE OF THE HOUSE.COMMISSIONER SUGAR, UM, JUST FOR FORMALITY SAKE, I WOULD LIKE TO MOVE TO CLOSE THE PUBLIC HEARING SO WE CAN SECOND CONTINUE ON.
WE HAVE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.
THAT MEANS THE OWNERS, UM, WE'VE TAKEN ALL OF YOUR EVIDENCE AND YOUR TESTIMONY.
AND THEN, UM, COMMISSIONERS, ARE YOU OKAY WITH US CLOSING OR DO WE HAVE ANY OBJECTIONS TO THAT? OKAY, PERFECT.
WE'VE CLOSED THE PUBLIC PART OF THE HEARING, AND SO NOW I'LL ENTERTAIN MOTIONS, COMMENTS.
UM, YEAH, SO ESPECIALLY WITH THESE NOTICE APPEALS A VIOLATION, THERE REALLY HASN'T BEEN ANYTHING BROUGHT TO US THAT SAYS THESE VIOLATIONS AREN'T PRESENT.
THEY'RE, THEY'RE CLEARLY PRESENT.
SO I'M JUST GONNA GO AHEAD AND MOVE TO, UH, ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.
WE HAVE A MOTION TO ADOPT THE RECOMMENDED, UH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DENY THE APPEAL.
YEAH, THIS IS NO CORP IN HOUSE SITUATION.
JUST BASED ON THE PHOTOGRAPHS.
UM, I THINK THAT, YOU KNOW, THE OWNERS ARE RESPONSIBLE AND THEN THEY CAN GO BACK TO THE, UH, TENANT IF THERE'S ANY SUCH DISPUTE AS TO THE LANGUAGE OF THE LEASE AND ADDRESS THAT THAT WAY.
BUT, UM, IF WE DON'T HAVE ANY FURTHER COMMENTS OR DISCUSSIONS, I'LL GO AROUND THE ROOM.
COMMISSION IS, UH OH, I'M SORRY.
I, WHAT DID YOU SAY,
THANK YOU AGAIN, I KEEP FORGETTING THAT I'LL GO AHEAD AND ADMIT ONUS EXHIBITS AS WELL.
UM, SO WE'LL GO AHEAD AND VOTE.
AND I'M IN FAVOR, COMMISSIONER SOAN AYE.
SO, UM, THANK YOU FOR BEING HERE, MS. YIP.
SO THE COMMISSIONERS HAVE MADE THE DECISION TO, WE HAVE ONE MORE QUE WE HAVE ONE MORE QUESTION, PLEASE.
WITH THE CHALLENGE OF AC WITH THE CHALLENGE OF ACCESSING THE PROPERTY, WE REQUEST THAT WE HAVE AN EXTENSION OF AT LEAST 45 DAYS TO MAKE THESE CHANGES.
OH, I DON'T KNOW THAT, IS THERE ALREADY AN ORDER? I DON'T THINK THERE'S AN ORDER YET.
SO THIS IS ESSENTIALLY A NOTICE TELLING YOU THAT THESE ITEMS ARE, UM, IN VIOLATION OF THE CODE AND THAT YOU'RE SUPPOSED TO REPAIR THEM.
BUT I DON'T BELIEVE THAT YOU HAVE ANY ORDER, UM, GIVING YOU A CERTAIN NUMBER OF DAYS OR ANY PENALTIES YET.
SO IF YOU CAN GET TO THEM SOON, UM, I DON'T ANTICIPATE SEEING YOU BACK HERE.
I DON'T, I WE DON'T WANNA SEE YOU BACK HERE.
YEAH, WE, WE JUST WANT TO GET IN THE PROPERTY FIX, SO, OKAY.
WE, WE WILL HAVE THE PROPERTY MANAGER WORK WITH THE TENANT, AND IF THAT TAKES A COUPLE MONTHS, THEN IT TAKES A COUPLE MONTHS EXCUSE.
UM, CODE INSPECTOR DR. TURNER IS GOING TO ADD SOMETHING MORE.
SO INITIALLY YOU RECEIVED 30 DAYS TO MAKE THESE CORRECTIONS.
AT THIS TIME, I WILL EXTEND YOU 30 DAYS IN ORDER TO MAKE THE CORRECTIONS.
IF YOU NEED AN EXTENSION BEYOND THESE 30 DAYS THAT I AM GETTING, GIVING YOU, WHICH STARTS TODAY, THEN YOU NEED TO CONTACT ME INFORMALLY, REQUEST THEM.
SO IT'S NOT THAT YOU HAVE AN OPEN ENDED AMOUNT OF TIME, YOU'RE REQUESTING AN EXTENSION, I'M GRANTING YOU YOUR FIRST EXTENSION.
YOU CAN REQUEST A TOTAL OF THREE.
SO NOW YOU HAVE TWO LEFT, SO YOU GET AN ADDITIONAL 30 DAYS.
IF THERE'S ANY, IF THERE'S NOTHING ELSE, WE'LL GO AHEAD AND, UM, CLOSE OUT THIS PARTICULAR PART AND GO TO THE NEXT ITEM ON THE AGENDA.
UM, THANK YOU OWNERS AND THANK YOU INSPECTORS.
DO WE HAVE ENOUGH TIME? ITEM NUMBER TWO ON
[2. Election of Officers for the Building and Standards Commission]
THE AGENDA IS THE ELECTION OF OFFICERS FOR THE BUILDING AND STANDARDS COMMISSION.WE'LL GO AHEAD AND DO THAT NOW.
UM, AT THIS MEETING, YOU ARE REQUIRED TO ELECT BOTH
[02:05:01]
A CHAIR AND A VICE CHAIR WHO WILL SERVE A ONE YEAR TERM, BEGINNING MAY 1ST, 2023, UM, AND RUNNING THROUGH APRIL 30TH, 2020, SORRY, BEGINNING MAY 1ST, 2024, AND RUNNING THROUGH APRIL 30TH, 2025.UH, THIS ELECTION IS REQUIRED TO BE HELD IN APRIL EACH YEAR.
IF YOU'D LIKE TO REVIEW THE BSC BYLAWS, ARTICLES FOUR AND FIVE REGARDING OFFICERS AND THEIR DUTIES, THEY CAN BE FOUND IN YOUR READERS OR GOOGLE DRIVE FOLDER.
UM, DOES ANYBODY NEED A COUPLE OF MINUTES TO LOOK OVER THE BYLAWS OR CAN WE JUST GET ON WITH IT? PROBABLY JUST GET ON WITH IT.
SO I NOW OPEN THE FLOOR FOR NOMINATIONS FOR THE POSITION OF CHAIR AND VICE CHAIR.
SO IF ANYBODY HAS NOMINATIONS, LET US KNOW.
I NOMINATE, UM, VICE CHAIR SOAD TO CHAIR
WE'RE JUST TAKING THE NOMINATION.
SO YOU ALSO HAVE A NOMINATION FOR COMMISSIONER SOAD TO CHAIR? YEAH, I'LL SECOND THAT.
AND COULD YOU ALSO TELL ME ABOUT VICE CHAIR WHILE I'M, AND I WOULD NOMINATE, UH, COMMISSIONER CAMP TO VICE CHAIR.
HOLD ON ACTUALLY TO, JUST SO THAT WE'RE CLEAR, IF WE CAN DO ONE POSITION AT A TIME.
THAT'S, I GUESS LET'S NOT MEET THE MEETING MINUTES.
I WOULD ALSO JUST SAY THAT, UM, IT SAYS HERE, NOMINATIONS FOR OFFICE POSITIONS DO NOT REQUIRE A SECOND.
I DO THINK VICE CHAIR HAS TO ACCEPT THE NOMINATION THOUGH.
WELL, WE'RE STILL, I'M STILL
COUNSEL GAVE ME SOMETHING HERE.
UM, OKAY, SO COMMISSIONER SOAD, WOULD YOU BE WILLING TO ACCEPT THE POSITION OF CHAIR? UH, I ACCEPT THE NOMINATION.
I MEAN THE NOMINATION FOR THE POSITION OF CHAIR.
SO, YES, COMMISSIONER SOAD WILL BE WILLING.
UM, DO WE HAVE ANY OTHER NOMINATIONS FOR CHAIR? WE HAVE NOBODY ELSE.
SO I WILL ALSO NOMINATE COMMISSIONER SOAD.
SO, UM, I THINK WE CAN VOTE ON THAT.
'CAUSE THERE ARE NO OTHER BUT ON.
OR DOES ANYBODY OBJECT? MAYBE WE CAN DO IT IN A QUICKER WAY.
IS THERE ANY OBJECTION TO COMMISSIONER ASAD AS CHAIR? NO OBJECTION.
I THINK YOU'D BE EXCELLENT FOR THE, FOR THIS.
UM, SO I'LL GO TO THE NEXT ONE.
I'LL OPEN THE FLOOR FOR NOMINATIONS FOR VICE CHAIR.
AND WE ALREADY HAD ONE, CORRECT? I DON'T KNOW IF THAT WAS IN ORDER, BUT, UH, YES, I WOULD NOMINATE COMMISSIONER CAMPBEL.
YEAH, I THINK IT WAS IN ORDER.
'CAUSE I ASKED FOR BOTH AT FIRST.
SO DO WE HAVE ANY OTHER NOMINATIONS FOR VICE CHAIR? NOBODY ALSO NOMINATE COMMISSIONER CAMPBELL.
SO COMMISSIONER CAMPBELL, ARE YOU AVAILABLE? UH, I MEAN ARE YOU OPEN TO THIS NOMINATION? YES, I ACCEPT THE NOMINATION.
I, I GUESS I'LL ALSO NOMINATE COMMISSIONER CAMPBELL.
SO NOW I'M GONNA GO AROUND AND TAKE A VOTE 'CAUSE I'M NOT SURE WHAT'S EVERYBODY ELSE IS DOING.
I THOUGHT WE WERE GONNA GO ONE BY ONE.
EVERYONE NOMINATES, COMMISSIONER CAMP BELL
YEAH, WE COULD HAVE DONE THAT AS WELL.
SO, AND LET ME MAKE SURE I READ ALL THESE THINGS.
AND UM, IT'S BEEN AMAZING BEING ON THE BOARD.
I THINK JAMES IS TRAINED AND, OH, CHAIR, CAN I ASK A QUICK QUESTION OF STAFF? YEAH, SURE.
UM, I HAD A QUESTION FOR STAFF.
UM, UM, ONE OF THE COUNCIL MEMBERS NOTIFIED ME THAT WE WERE EXPECTED TO GIVE COMMENTS ON SOME OF THE UPCOMING CHANGES TO THE BUILDING CODES.
ALRIGHT, I'LL LET THE COUNCIL MEMBERS KNOW.
THIS IS ELAINE GARRETT WITH, UH, DSD.
UH, THEY HAVE BEEN WORKING ON THE COMMITTEE ALREADY AND WE'RE SCHEDULED TO PRESENT IT TO THE DIRECTOR RIGHT NOW IN ON MAY I BELIEVE, 17TH.
SO THEN IT'LL PROBABLY, HE NEEDS TO REVIEW IT BEFORE WE BRING IT TO THE COMMISSION.
SO WE WOULD EXPECT THAT SOMETIME THERE AFTER MAY, JUNE, JULY.
[02:10:01]
ON WEEK, THE AGENDA.[FUTURE AGENDA ITEMS]
ANYTHING FOR THE FUTURE AGENDA ITEMS? YES.OH, COMMISSIONER SELLICK, PLEASE GO AHEAD.
MADAM CHAIR, I WANTED TO THANK YOU FOR YOUR HARD WORK AS CHAIR OF THIS COMMISSION.
UM, AND I LEARNED A LOT AND HAD A LOT OF FUN TOO.
ALL RIGHT, FUTURE AGENDA ITEMS. OUR NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY, MAY 22ND, 2024.
WE HAVE TWO APPEALS SCHEDULED TO BE HEARD AT THAT TIME.
ONE, UH, AN ROP APPEAL, UH, RENTAL, AN ROP RENTAL REGISTRATION APPEAL REGARDING 2301 DIRTWOOD STREET, AKA LUCERO APARTMENTS.
UH, YES, AN ROP SUSPENSION APPEAL, UM, SORRY, RENTAL REGISTRATION SUSPENSION, AN ROP RENTAL REGISTRATION SUSPENSION APPEAL.
UM, THAT'S FOR 2301 DIRTWOOD STREET, AKA LUCERO APARTMENTS CV 23 DASH OH 3 3 3 99 CV 22 DASH OH 7 479.
AND CV 23 DASH, UH, 1 0 6 6 20 AND CV 22, UH, 0 7 3 8 8 4.
AND NUMBER TWO, UH, PENALTY RELIEF HEARING, UH, REGARDING 1 1 3 7 GUNTER STREET BUILDINGS NINE AND 14 THROUGH 17.
CASE NUMBER CL 2023 DASH OH 6 9 3 7 CL 2023 DASH OH 6 3 9 CL 2023 DASH OH 6 93 12 CL 2023 DASH OH 6 93 18.
AND CL UH, 2023 DASH OH 6 9 3.
UM, SORRY, THE LAST NUMBER'S GOT TOO MANY DIGITS, BUT, UM, CASES, YOUR HONOR, FIVE CASES.
ANYTHING ELSE? UM, OH, AND I WANNA REMIND Y'ALL, UH, I THINK, UM, BEFORE THE NEXT MEETING, UH, WE HAVE TO HAVE THE SEXUAL HARASSMENT AWARENESS TRAINING DONE, AND ALSO TO CHECK YOUR EMAIL FOR YOUR PASSWORD CHANGE INSTRUCTIONS.
ALL RIGHT, COMMISSIONERS, REMEMBER TO TAKE THE TRAINING.
I'M NOT, SO THE DEADLINE MIGHT BE BEFORE THE NEXT MEETING.
UM, I DON'T THE 20, IT MIGHT BE BEFORE THE NEXT MEETING.
AND I WILL CALL THE MEETING ADJOURNED AS AT 8:57 PM THANK YOU EVERYONE.