Jun 26, 2024 Building and Standards Commission

WITH THE CITY OF AUSTIN.

UM, AFTER, UH, THE OWNER AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.

AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.

BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ADDITIONAL WITNESSES, AFTER WHICH THE OWNER, UH, MAY SUMMARIZE THEIR CASE.

UH, 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.

UH, AND A COPY OF THE DECISION WILL BE MAILED, UH, TO THE OWNERS.

A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.

WHEN YOUR CASE IS CALLED WITNESSES DO TESTIFY UNDER OATH.

SO ANY PERSON WHO WISHES TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE, UH, REMOTING IN, UH, AT THIS TIME, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.

I DO.

IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.

SO I THINK WE'RE GONNA BEGIN WITH, OH, FORGIVE ME.

UH, I THINK AGENDA ITEM NUMBER ACTUALLY AHEAD OF THE AGENDA.

ITEM NUMBER ONE, THERE'S PUBLIC COMMUNICATION.

THE FIRST FIVE SPEAKERS SIGNED, UH, PRIOR TO THE MEETING WILL BE ALLOWED.

LET ME SEE IF ANYBODY'S REGISTERED FOR PUBLIC COMMUNICATION.

UH, THAT'S A NEGATIVE.

NO.

UH, WE DID NOT HAVE, UH, REGULAR MEETING IN MAY FOR WANT OF QUORUM.

UH, NO PUBLIC COMMUNICATION.

SO WE'LL MOVE ON TO APPROVAL OF THE MINUTES.

[APPROVAL OF MINUTES]

SO, UH, THE MINUTES AT ISSUE ARE, UH, FOR OUR REGULAR MEETING ON APRIL 24TH, UH, 2024.

HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THE MINUTES?

[00:05:02]

UH, SO, UH, AT THIS TIME, UM, I'M GONNA GO AHEAD AND ENTERTAIN A MOTION TO APPROVE THE MINUTES ON THE MOTION OF, OF COMMISSIONER SHUGAR.

DO WE HAVE A SECOND? UH, SECONDED BY COMMISSIONER OLUGO.

UH, SO IF YOU APPROVE OF THE MEETINGS, PLEASE SIGNIFY BY SAYING AYE.

GOOD EVENING, COMMISSIONERS.

ALL OPPOSED? THERE BEING SIX AYES, NO NAYS.

UH, THE MINUTES ARE ADOPTED.

WE'LL NOW MOVE ON TO PUBLIC

[2. Case Number: CL 2024-027512]

HEARINGS IN NEW CASES.

SO THE FIRST CASE ON I HAVE ON THE AGENDA IS, UH, ITEM NUMBER TWO, UH, CASE NUMBER CL 20 24 0 2 7 5 1 2.

AND, UH, WE'LL HEAR FROM, UH, MR. KEN DALLAS.

THANK YOU, MR. CHAIR.

UM, ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER C 20 24 0 2 7 5 2 AND IS REGARDING THE PROPERTY LOCATED AT 7 1 3 VARGAS ROAD.

STAFF EXHIBITS CAN BE FOUND IN THE BURNT ORANGE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THIS CASE.

THIS CASE WAS OPENED IN DECEMBER OF 2023 AS A RESULT OF A COMPLAINT.

THIS CASE IS REGARDING A SINGLE FAMILY RESIDENTIAL PROPERTY THAT IS HOMESTEADED.

THERE ARE NO ACTIVE PERMITS RELATED TO THE, TO ANY OF THE VIOLATIONS.

THE PROPERTY IS IN NEAR PROXIMITY TO A SCHOOL.

THE STRUCTURE IS CONSIDERED UNSAFE WITH HAZARDOUS AND SUBSTANDARD CONDITIONS AND REQUIRES REPAIR IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, MAPS OF THE PROPERTY, NOTICES OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, AND A PROOF OF MAILING FOR EACH NOTICE AND THE REQUIRED POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBIT AS, UH, TWO A AND THROUGH TWO H, AND THE RECOMMENDED ORDER.

AND EXHIBIT THREE, WHICH IS THE DEVELOPMENT SERVICES PROCESS COORDINATOR.

LETTER CODE INSPECTOR COURTNEY BRITT IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.

INSPECTOR BRITT, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING.

MY NAME IS COURTNEY BRITT AND I'M AN INSPECTOR WITH DEVELOPMENT SERVICES CODE COMPLIANCE.

THIS PROPERTY HAS BEEN BROUGHT BEFORE YOU TODAY AS A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT SEVEN 13 VARGAS ROAD.

THE OWNER OF RECORD HAS BEEN IDENTIFIED AS FRED JU FOR THE TRAVIS CENTRAL APPRAISAL DISTRICT ON DECEMBER 19TH, 2023.

I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT SEVEN 13 VARGAS ROAD VIA 3 1 1 FOR A DANGEROUS STRUCTURE.

ON DECEMBER 20TH, 2023.

INVESTIGATOR WILLIS ADAMS PERFORMED AN INITIAL INSPECTION ON JANUARY 2ND AND JANUARY 9TH, 2024.

I PERFORMED INSPECTIONS AND OBSERVED THE FOLLOWING VIOLATIONS OF AUSTIN CODE ARTICLE NINE, SECTION 25, 12 TO 11, ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION ONE 11, DANGEROUS STRUCTURE SECTION 3 0 4 0.2, PROTECTIVE TREATMENT SECTION 3 0 4 POINT EXTERIOR STRUCTURAL MEMBERS, SECTION 3 0 4 FOUNDATION WALLS 3 0 4 0.6, EXTERIOR WALLS 3 0 4 0.13, WINDOW, SKYLIGHT AND DOOR FRAMES, 3 0 6 0.6 WOOD 6 0 4 0.3 ELECTRICAL SYSTEM HAZARDS, AND 6 0 4 POINT ELECTRICAL EQUIPMENT EXPOSED TO WATER.

THE REVIEW OF THE AMANDA PERMITTING DATABASE SHOWS THE ORIGINAL DAMAGE TO THIS STRUCTURE OCCURRED WHEN A TREE FELL ON THE ROOF IN FEBRUARY OF 2012.

A CODE VIOLATION CASE WAS INITIATED AND A PERMIT ISSUED FOR REPAIR.

HOWEVER, IT FAILED BUILDING LAYOUT, INSPECTION AND REPAIRS WERE NEVER COMPLETED.

IN OCTOBER, 2021, A SECOND CODE VIOLATION CASE WAS INITIATED.

AN ADMINISTRATIVE HEARING WAS CONDUCTED, RESULTING IN A FINDING OF LIABLE.

A SECOND PERMIT FOR REPAIR WAS ISSUED, BUT AGAIN, THE REPAIRS WERE NOT COMPLETED.

I DOCUMENTED THE CASE AND MAILED A NOTICE OF NOTICE OF VIOLATION TO THE OWNER, UH, DETAILING THE DESCRIPTION VIOLATIONS ON JANUARY 10TH, 2024.

I'VE FORMED FOLLOW-UP INSPECTION ON FEBRUARY 15TH AND OBSERVED A LARGE COMMERCIAL DUMPSTER IN PLACE AND SUBSEQUENT CLEARING OF TRASH AND DEBRIS FROM THE DILAPIDATED STRUCTURE.

MR. RIAS HAS ENGAGED THE DEVELOPMENT SERVICES DEPARTMENT AND BEGIN THE PROCESS TO BRING THE PROPERTY INTO COMPLIANCE.

I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS DESPITE 12 YEARS ELAPSING SINCE THE ORIGINAL DAMAGE AND VIOLATION AND TWO PREVIOUS CODE CASES AND ISSUANCE OF TWO PERMITS TO ADDRESS THE DEFICIENCIES.

ADDITIONALLY, THIS PROPERTY IS APPROXIMATELY 500 FEET FROM ALLISON ELEMENTARY SCHOOL.

I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

PHOTO TWO A SHOWS THE PROPERTY DURING A FOLLOW-UP INSPECTION ON APRIL 11TH.

THE SINGLE STORY STRUCTURE ON THE RIGHT IS A DILAPIDATED PRIMARY RESIDENCE.

[00:10:02]

THE TWO STORY STRUCTURE ON THE LEFT IS AN UNPERMITTED ADDITION.

THE UN PERMITTED ADDITION WAS CONSTRUCTED IN 1983.

THE OWNER'S OBTAINED A CONSTRUCTION PERMIT, FAILED A FRAMING INSPECTION, THEN COMPLETED CONSTRUCTION WITH NO FURTHER INSPECTIONS AND OCCUPIED THE STRUCTURE WITH NO VALID CERTIFICATE OF OCCUPANCY.

THE PRIMARY SINGLE STORY RESIDENTIAL STRUCTURE ON THE RIGHT WAS IN A SEVERE STATE OF DISREPAIR, MISSING THE ENTIRE ROOF AND REAR WALL.

THE PHOTO DEPICTS THE FAILING PEER AND BEAM FOUNDATION VISIBLE TO THE LOWER LEFT OF THE DOOR WITH MISSING CURTAIN WALL VIOLATIONS, 3 0 4 0.4, EXTERIOR STRUCTURAL MEMBERS AND SECTION 3 0 4 0.5 FOUNDATION WALLS.

NEXT PHOTO, PHOTO TWO B IS A CONTEXTUAL PHOTO OF HOW THE STRUCTURE, UH, STOOD.

AS OF JUNE 11TH, THE PRIMARY RESIDENCE HAS BEEN NEARLY DEMOLISHED.

ON THIS DATE, INVESTIGATOR WILLIS ADAMS ISSUED A STOP WORK ORDER ON THE PROPERTY AND NOTIFIED THE CONTRACTOR WHO WAS ON THE PREMISES.

ALSO NOTE THE ILLUMINATED PORCH LIGHT ON THE UNPERMITTED EDITION SHOWING THAT ELECTRICAL IS ACTIVE.

NEXT, PHOTO TWO C SHOWS THE REMAINING FRAMING OF THE FRONT WALL OF THE PRIMARY STRUCTURE.

NEXT, PHOTO 2D IS ANOTHER ANGLE SHOWING THE REMAINING FRAMING OF THE FRONT WALL.

NEXT PHOTO TWO E SHOWS THE FREIGHT ELECTRICAL WIRING AND UNATTACHED WEATHERHEAD OF THE FORMER PRIMARY STRUCTURE.

THESE VIOLATIONS, 6 0 4 0.3 ELECTRICAL SYSTEMS HAZARDS, AND ONE 11.5 DANGEROUS STRUCTURE.

NEXT PHOTO TWO F SHOWS THE, UH, NON-METALLIC ROMEX CABLE NOT APPROVED FOR OUTDOOR USE.

ELECTRIC SUPPLY LINE FROM THE DEMOLISHED RESIDENCE INTO THE UNPERMITTED ADDITION.

THIS IS VIOLATION 6 0 4 0.31, UH, ELECTRICAL EQUIPMENT EXPOSED TO WATER.

ALSO DEPICTED IS THE BARE SHEATHING EXPOSED UPON DEMOLITION OF THE PRIMARY RESIDENCE, WHICH IS FORMALLY ATTACHED TO THIS UN PERMITTED EDITION.

UH, THIS IS VIOLATION 3 0 4 0.6 EXTERIOR WALLS AND 3 0 6 0.16 WOOD.

NEXT PHOTO TWO G SHOWS THE DAMAGED WINDOW FRAME ON THE SOUTH WALL OF THE UNPERMITTED.

A A ADDITION OF VIOLATION, 3 0 4 0.13, WINDOW, SKYLIGHT AND DOOR FRAMES.

NEXT PHOTO AND TWO H SHOWS THE EXTERIOR OF THE WALL AND OF THE UNPERMITTED ADDITION WITH MISSING SIDING AND MISSING PEELING AND CHIPPING PAINT VIOLATION 3 0 4 0.2 PROTECTIVE VI TREATMENT.

THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE TO ANSWER ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT.

THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS 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, ANOTHER RELEVANT DOCUMENTS, PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H AND EXHIBIT THREE.

THE DEVELOPMENT SERVICES PROCESS COORDINATOR LETTER STAFF ALSO REQUESTED THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER TO COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO COMPLY WITH THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.

B, REMOVE, EXCUSE ME, REMOVE ELECTRICAL SERVICE FROM ITS CURRENT LOCATION AND REPAIR THE ELECTRICAL SYSTEM, WHICH MAY INCLUDE A TEMPORARY CONSTRUCTION LOOP.

C COMPLETE THE DEMOLITION OF THE ONE STORY PORTION OF THE RESIDENTIAL STRUCTURE DOWN TO ITS FOUNDATION.

D MAINTAIN FENCING USED TO SECURE THE DEMOLITION SITE E REQUEST NECESSARY INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE EIGHTH THROUGH 1D AND OBTAIN CERTIFICATE OF OCCUPANCY FOR BOTH PORTIONS OF THE RESIDENTIAL STRUCTURE AND TWO, ON THE 46TH DAY COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $70 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE IN ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

ALRIGHT, THANK YOU JAMES.

UH, I'M GONNA TAKE A MOMENT AND RECOGNIZE COMMISSIONER SIG WHO'S JOINED US, UH, UH, JUST A MOMENT AGO.

AND THEN ALSO I BELIEVE I NEGLECTED TO A MENTION WHERE WE ARE JOINED BY, UH, BRETT CARR OF THE FIRE MARSHAL'S OFFICE REMOTELY.

UH, SO I'LL NOW, UH, PIVOT BACK TO THE AGENDA.

AND AT THIS TIME, UH, WITHOUT OBJECTION, I WILL ADMIT, UH, EXHIBITS ONE THROUGH THREE, INCLUDING, UH, THE PHOTOGRAPHS MARKED TWO A THROUGH TWO A IS OUR OBJECTION.

HEARING NONE THE, UH, EXHIBITS ARE ADMITTED.

I BELIEVE WE HAVE PROPERTY OWNERS REPRESENTATIVES PRESENT AT THE TABLE.

UM, WOULD YOU LIKE TO INTRODUCE YOURSELVES? YES, NANCY.

I'M THE,

[00:15:02]

IS IT OKAY, SET.

UM, I'M NANCY.

I AM THE DAUGHTER OF THE PROPERTY OWNER.

THE LITTLE RED LIGHT SHOULD YEAH.

PERFECT.

NO PROBLEM.

I'M, I'M REPRESENTING, UM, ON BEHALF OF HIM TODAY.

AND WILL WE BOTH OF YOU BE SPEAKING OR? YES.

MY NAME'S EDWARD.

I'M THE WIFE'S BROTHER.

I'M REALLY, THE CONTRACTOR CAME TO DO HER, SHE'S SUPPOSED TO JANUARY'S WHEN I RETIRED AND I TOLD HER TO GET READY BECAUSE I CAN GO WORK ON HER HOUSE AND ONLY HER HOUSE VERY QUICKLY.

SIR, I'M, I'M VERY SORRY.

COULD YOU, UH, LEAN IN A LITTLE CLOSER TO THE MICROPHONE AND ALSO MY NAME'S EDWARD AGUERO.

I RETIRED AND I TOLD HER I COULD GO AND START BECAUSE THEY'RE GETTING UP IN AGE, THEY'RE LIVING IN A TWO STORY, THEIR MASTER'S UPSTAIRS, THE LITTLE HOUSE NEXT DOOR SINCE DECEMBER.

HE'S BEEN TRYING TO GET A PERMIT FOR US TO DEMOLISH IT.

'CAUSE THAT'S WHERE I WAS GONNA BUILD.

IT WAS A ONE STORY WITH THE MASTER DOWN THERE.

SO THEY WOULD HAVE TO WALK, SUPPOSEDLY BEEN HERE FIVE TIMES ALREADY FIVE DIFFERENT PEOPLE.

WE'VE HAD THREE CODE OFFICERS, THREE DIFFERENT ONES GO OVER THERE.

AND LIKE I SAY, UH, THEY'RE WORKING WITH US FINALLY, SOMEBODY'S WORKING WITH US AND THEY'RE STILL NOT, NOT NOT IN THE SAME CATEGORY.

WE'VE BEEN TRYING TO GET A DEMOLISHED PERMIT.

WE HAVEN'T BEEN ABLE TO GET THAT.

THEY'VE SAID, STOPPED IT FROM THE OLD HOUSE TO WORK ON THE NEW HOUSE BECAUSE THEY'RE GOING TO, THEY DIDN'T GET A CO OR SOMETHING WHEN THEY FIRST GOT THE HOUSE BUILT.

HE HAD AN ACCIDENT.

AND I TOLD HIM, WELL, REALLY THE CO'S NOT YOUR FAULT.

THE CITY SHOULD HAVE COME AND LOOKED WHEN THE PERMIT EXPIRED THAT EVERYTHING WAS DONE IN THAT HOUSE.

WHICH HE TOLD ME HE GOT A GREEN TAG, WHICH I BELIEVE HIM.

BUT HE GOT HURT.

LIKE I SAID, NOBODY EVER LOOKED UP THIS AND ALL OF A SUDDEN HE WANTED A CO ON THE, ON THE 4-YEAR-OLD HOUSE.

I'M SAYING YOU'RE GONNA FIND STUFF WRONG WITH THAT 4-YEAR-OLD HOUSE.

IT'S NOT BRAND NEW.

SO THEY MADE US STOP THE OTHER HOUSE.

IF THEY'D HAVE JUST LEFT ME ON THE OTHER HOUSE, I WOULD'VE ALREADY HAD THE HOUSE TORN DOWN.

I WOULD'VE ALREADY HAD BOBBY WALLS BUILT FOR HER.

BUT WE AIN'T BEEN ABLE TO DO NOTHING 'CAUSE NOBODY, NOBODY GIVES US AN ANSWER AND GONE LIKE FOUR DIFFERENT PEOPLE.

LIKE I SAID, MY MY POOR BROTHER-IN-LAW, HE'S SEVEN YEARS OLD AND HE'S GOTTA DEAL WITH THIS.

AND ALL THEY WANTED WAS PERMITS.

AND WE, WE'VE BEEN WORKING WITH, I TRIED, LIKE I SAY, WHEN THE HOUSE FELL, THE TREE ON IT, THEY MOVED OUT, THEY MOVED TO THE TWO STORE AND DIDN'T LET THAT JUST, THERE NEVER DID NOTHING TO THE HOUSE.

NOBODY WAS EVER IN THE HOUSE AFTER THE TREE FELL IN THERE.

UM, BEFORE I, BEFORE I PROCEED, LEMME JUST CONFIRM Y'ALL WERE SWORN WHEN, WHEN I DID THE MM-HMM.

I HAVE THE, PARDON ME FOR CONFIRMING THAT.

I JUST, IT'S A BIG GROUP, SO I WANNA MAKE SURE I GOT EVERYBODY.

UM, ARE THERE SPECIFIC ISSUES WITH WHICH YOU, YOU DISAGREE WITH THE CITY'S CASE OR NO, I'M JUST SAYING, I MEAN, HOW HARD IS IT TO GET A DEMOLISHED PERMIT TO GET THE OLD HOUSE? THEY CAME BY, TOLD HIM HE HAD A HOLE IN THAT ROOF.

IT'S A 70-YEAR-OLD HOUSE, EVERYTHING'S FALLING DOWN.

HE HAD A HOLE.

THEY TOLD HIM TO PASS THAT HOLE 'CAUSE IT'S A HAZARD.

I WENT UP THERE, I PUT PICKETS ON IT JUST TO GET BY.

THEY SAID HE CAME BACK BY AND TOLD HIM TO PUT A NEW ROOF ON THE HOUSE.

I'M LIKE, THAT HOUSE IS 70 YEARS OLD, YOU DON'T WANNA BUILD NOTHING ON THAT.

THINK WE'LL PUT A BRAND NEW HOUSE OVER THERE.

AND THAT'S WHAT HE'S BEEN TRYING.

SO IN DECEMBER, LIKE I SAID, HE WENT UP THERE AND TRIED TO GET A DEMOLISHED PERMIT.

SO WE START TEARING IT DOWN, BUILD HER NEW, AND THEN WE'LL WORK ON THE TWO, ON THE TWO STORY, PUT IT ON SIDING AND STUFF LIKE THAT.

AND THEY STOPPED US FROM DOING THAT.

HE ALREADY, WE ARE, IT'S ALREADY HALF DOWN WHEN I GOT THERE.

JUST FROM DETERIORATION, WATER LEAKING THERE AND EVERYTHING ON IT JUST DETERIORATED THE HOUSE.

THANK, AND THEN WE TALKED TO SOMEBODY FINALLY THEY TOLD US, HEY, GO AHEAD AND KNOCK DOWN 200, LAST 200 SQUARE FEET.

YOU GOT, I KNOCKED IT DOWN.

THE, THE COATING ENFORCER WENT BY AND SAID, HEY, IT STOPPED WORK ON HERE.

I'M LIKE, STOP WORK.

WE'VE BEEN DONE FOR TWO WEEKS.

IT'S BEEN DOWN.

THE ONLY THING LEFT IS ELECTRICAL WALL THAT WE'RE GONNA TAKE CARE OF THAT.

THAT'S TALKING ABOUT A POLE RIDE OR SOMETHING ON THERE.

THAT WAS LIKE THAT.

THAT'S THE WAY THE CITY HAD IT FOREVER.

WE PLANNED TO GET IT ALL RIGHT, BECAUSE WE'RE GONNA PUT NEW BOXES UP WHEN WE START TO BUILD OR REMODEL.

IN OTHER WORDS, THAT WHOLE PART THAT WAS, THERE'S TWO ROOMS, BIG, TWO BIG ROOMS THAT, THAT WERE ON THAT SIDE.

IS WHAT YOU'VE ASKED ON THE OLD HOUSE WHEN IT WAS BUILT TO FIX THE ROOF.

THANK YOU, SIR.

MS. URI, DID YOU CARE TO ADD ANYTHING TO THE TESTIMONY OR DO EITHER OF YOU HAVE QUESTIONS FOR THE CITY'S, UM, STAFF? YES.

SO WE, THEY HAVE BEEN IN COOPERATION WITH THE CITY, UM, IN REGARDS TO ALL OF THE, UH, CODE ENFORCEMENT, UH, VIOLATIONS THAT WERE PRESENTED TO THEM.

I FEEL LIKE THEY'VE WORKED IN A TIMELY MANNER TO TRY TO GET EVERY ISSUE RESOLVED.

BUT WE DID HAVE SOME PUSHBACK WITH THE CITY.

THEY'RE RETIRED, THEY HAVE MORE TIME ON THEIR HANDS TO GO DOWN TO TALK TO THE CITY, BUT WHENEVER THEY GO TALK TO THE CITY, THEY JUST GET MORE QUESTIONS AND ANSWERS.

UM, ONE OF THE, UM, BIG QUESTIONS IS, IS THAT WHEN THEY FILED THE BLUEPRINTS, THE ORIGINAL BLUEPRINTS, WE'RE NOT ALLOWED TO GET A COPY OF THOSE FROM THE CITY, AND NO ONE KNOWS HOW TO OBTAIN THE ORIGINAL BLUEPRINTS FROM THE CITY.

AND WE'VE BEEN TRYING TO LOCATE THOSE SO THAT WE CAN GIVE YOU AN UPDATE.

UH, BECAUSE WE DON'T PLAN ON, UM, DOING ANYTHING DIFFERENT FROM THE ORIGINAL BLUEPRINTS.

WE JUST PLAN ON RAISING THE ROOF, WHICH

[00:20:01]

BUT NOW SINCE IT'S GONNA BE A TOTAL DEMO, THEY, WITH THE NEW PRINTS, THE ONLY DIFFERENCE WOULD BE IS TO, IS THE HEIGHT OF THE ROOF.

UM, DOES THAT CONCLUDE YOUR AFFIRMATIVE PRESENTATION OR DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE I OPEN IT UP TO, TO QUESTIONS FROM THE COMMISSION? UM, MY DAD GAVE ME A LIST OF PEOPLE THAT HE'S BEEN IN CORRESPONDENCE WITH.

I DO HAVE A LIST OF NAMES IF NEEDED FOR EVIDENCE THAT WE HAVE BEEN WORKING WITH THE CITY AND CODE ENFORCEMENT TO GET ALL THESE VIOLATIONS UP TO DATE.

I'LL, I'LL SEE IF, UM, UH, I DON'T BELIEVE WE'LL NEED THAT, BUT I, I WILL, WE'LL FIND OUT THROUGH THE COURSE OF QUESTIONING IF THAT THAT'S GONNA BE HELPFUL.

SO, UH, THE WAY THIS WORKS NOW, I'M GONNA OPEN IT UP TO THE COMMISSION MEMBERS IF THEY HAVE QUESTIONS FOR YOURSELF OR FOR CITY STAFF AND, UM, UH, AND WE'LL GO FROM THERE.

SO, SORRY, JUST JAMES.

OH, NO, THAT'S, UH, COMPLETELY FINE.

I JUST WANTED TO REMIND THE COMMISSION THAT, UH, WE HAVE TWO CITY STAFF THAT ARE, ARE, UM, VERY INVOLVED IN THE PROCESS.

MS UH, UH, RODRIGUEZ AND MS. MUNOZ WHO ARE ONLINE.

SO IF YOU HAVE QUESTIONS FOR THEM, YOU, UH, YOU KNOW, I I THINK THEY CAN, UH, UNMUTE THEMSELVES AND ANSWER ANY QUESTIONS FOR YOU.

I, NAT NATALIA AND, UH, AND, UH, ALEJANDRA.

I APPRECIATE THAT.

UM, SO I'M GONNA OPEN IT UP TO THE, TO THE FLOOR.

DOES ANY, DO ANY COMMISSIONERS HAVE QUESTIONS FOR EITHER SIDE? MR. CHAIR? UH, CHAIR RECOGNIZES COMMISSIONER FRANCIS, JUST A QUICK QUESTION, JUST AFTER THERE'S, UH, A MEMO HERE FROM DEVELOPMENT SERVICES AND THEN TIMELINE BEHIND THAT, I'M TRYING TO READ THROUGH THAT AND LISTEN TO EVERYTHING THAT'S GOING.

IS THERE SOMEBODY THAT CAN KIND OF WALK, WALK US THROUGH WHAT THIS OTHER INFORMATION IS NOT? IS THAT, WOULD THAT BE MS. MS. RODRIGUEZ OR, UM, I CAN, I CAN SPEAK TO THAT.

THAT, UM, IS A DOCUMENT THAT WE PROVIDED IN SUPPORT OF MR. ODIS, UM, DETAILING WHEN HE CAME TO VISIT US, UM, AT THE DEVELOPMENT SERVICES DEPARTMENT TO BEGIN TO ADDRESS THIS ISSUE.

UM, AND THEN AS WE BEGAN TO WORK THROUGH THE PROCESS WITH HIM, UM, WE DISCOVERED THAT THERE WERE CERTAIN ISSUES WITH, UH, AS I MENTIONED THE CO ON THE TWO STORY STRUCTURE.

UM, AND WE MET WITH SEVERAL PEOPLE IN OUR DEPARTMENT, UH, TO TRY TO ADDRESS THAT ISSUE.

UM, SO THE, I'M SORRY, I DON'T HAVE THE DOCUMENT IN FRONT OF ME, UH, AT THIS MOMENT.

LET ME SEE, UH, A TIMELINE.

IT IS A TIMELINE OF EACH TIME THAT WE MET WITH MR. R.

UM, AND EACH TIME THAT WE ALSO MET WITH DIFFERENT STAFF MEMBERS WITHIN OUR DEPARTMENT TO, UH, TRY AND FIGURE OUT THE ORDER OF THE WAY THAT HE HAD TO DO THE, HAD TO DO IT ACCORDING TO CARM, UM, BECAUSE IT WAS A COMPLICATED ISSUE DUE TO THIS, UH, LACK OF, OF CO.

AND JUST, UH, FOR SAKE OF OUR RECORD, UH, THAT WAS, I THINK I MISIDENTIFIED, UH, THE WITNESS THAT WAS, UH, DEVELOPMENT SERVICES PROCESS COORDINATOR, ALEJANDRA MUNI.

AND WAS THAT, UM, ADDRESS YOUR ISSUE? COMMISSIONER FRANCIS, OR MAYBE ? LET'S KEEP CAR THROUGH THAT.

I'M NOT SURE I GOT, IT'S CONFUSING.

I'M A LITTLE CONFUSED AND SO I'M CONCERNED FOR THESE FOLKS AS WELL.

BUT GO AHEAD.

THANK YOU COMMISSIONER.

AND I BELIEVE COMMISSIONER SLUGO, UH, CHAIR RECOGNIZES COMMISSIONER SLUGO SMALL POINT OF ORDER.

I THINK WE'D NEVER FORMALLY CLOSED THE PUBLIC PART OF THE HEARING.

I BELIEVE THAT'S CORRECT.

UH, I'M KEEPING IT OPEN WITH THE IDEA THAT THERE MIGHT BE ADDITIONAL, UH, TESTIMONY, BUT, UH, WE'LL CLOSE IT BEFORE WE, WE ENTERTAIN MOTIONS, IF THAT, IF THAT MAKES SENSE.

UM, SO, UH, BUT CAN I, UM, OVERRULE A POINT OF ORDER LIKE THAT WITHOUT THE WILL OF THE BODY? IS THAT, CAN I JUST, UM, I, I THINK I CAN, BUT I JUST WANNA MAKE SURE THAT I'M OKAY.

UM, BEFORE YOU DO THAT, UM, I'D LIKE, UH, AN OPPORTUNITY TO CORRECT THE RECORD.

I, UM, IF YOU PLEASE REFERENCE, UM, LETTER, LETTER E UH, ONE E IN THE RECOMMENDED ORDER, THE MAINTAINED FENCING USED TO SECURE DEMOLITION SITE, EE SORRY, UH, THE NEXT ONE, REQUEST NECESSARY INSPECTIONS, ET CETERA.

UM, I BELIEVE I READ INTO THE RECORD THAT, UH, WE'RE ASKING THEM TO OBTAIN A CERTIFICATE OF OCCUPANCY, BUT THAT'S ACTUALLY NOT TRUE.

THE CORRECTION, WHAT YOU PRINTED FOR ME, BUT THAT MIGHT NOT BE THE ORDINANCE OF OUR BOOKS.

SO PLEASE, UH, THE, YOUR, YOUR VERSION IS CORRECT AND I READ SOMETHING INCORRECTLY.

WELL, IF, BEAR WITH ME ONE MOMENT.

I WANT TO CONFIRM, BECAUSE WHAT I HAVE IN FRONT OF ME MAY HAVE BEEN BEFORE

[00:25:01]

YEAH, THAT'S CORRECT.

I, YEAH, I'M SORRY.

WE WENT THROUGH SEVERAL DRAFTS AND, UM, I, I MESSED THAT UP.

SO THIS SHOULD REFERENCE THE CERTIFICATE OF OCCUPANCY.

AND, UH, WHAT ARE IN THE READERS IS CORRECT.

THAT MAKES SENSE.

MY, MY SCRIPT WAS INCORRECT.

AND YES, COUNSEL, YEAH.

RE REGARDING THE POINT OF ORDER.

I, I SUPPOSE, UNLESS THERE IS NO OBJECTION TO CLOSING THE PUBLIC OR I, I THINK YOU'VE ADDRESSED IT AND HEARING NO OTHER OBJECTION FROM ANY OF THE OTHER COMMISSION MEMBERS WHO WOULD LIKE TO CLOSE THE PUBLIC HEARING, UH, WE CAN MOVE FORWARD.

UH, THANK YOU, COUNSEL.

WELL, UH, BEFORE I DO THAT, UH, DOES ANYBODY ELSE HAVE ANY, UH, QUESTIONS FOR WITNESSES OR ANYTHING BEFORE WE PIVOT TO MORE OF A DISCUSSION OF A COURSE OF ACTION? OKAY.

SO AT THIS TIME, WITHOUT OBJECTION, I WILL CLOSE THE PUBLIC HEARING.

UH, PLEASE REMAIN SEATED.

WE MIGHT HAVE QUESTIONS FOR YOU, BUT, UH, THERE WON'T BE ANY MORE AFFIRMATIVE TESTIMONY AFTER THIS POINT.

SO, UH, SO HEARING NONE, THE PUBLIC HEARING IS CLOSED.

UH, DOES ANYBODY HAVE A MOTION? UH, NO.

MR. CHAIR? I, I DON'T KNOW WHO WAS, GO AHEAD.

UH, COMMISSIONER SLUGO.

UM, I THINK THERE'S TWO PARTS TO THIS.

I THINK THE CASE ORDER GIVEN HERE IS, IS FAIRLY CLEAR.

I THINK THAT THERE'S A SORT OF SEPARATE ISSUE WHERE, UNFORTUNATELY THE HOMEOWNERS HAVE FOUND THEMSELVES IN A KIND OF, UH, SIFI AND HELL WHERE IT'S NOT CLEAR WHERE TO GO FROM PERMITTING WISE.

AND SO MY APPROACH, AND IT SEEMS LIKE THEY'RE GETTING THE SUPPORT MORE SO FROM THE DEVELOPMENT SERVICES DEPARTMENT.

SO I THINK THE APPROACH THAT I WOULD TAKE IS MAYBE BE A BIT MORE GENEROUS OF THE TIME TO GIVE MORE FLEXIBILITY WITH, YOU KNOW, GETTING YOURSELVES OUT OF THIS SORT OF PERMITTING THE ASTHMA THAT IT'S, THAT'S FAIRLY EASY TO GET INTO.

SO I WOULD BE WILLING TO GO UP TO 90 AND THEN CALL IT A DAY.

UH, COMMISSIONER FRANCIS? NOPE.

COMMISSIONER.

UH, SO, UH, CHAIR, VICE CHAIR, UH, CAMPBELL, UH, I WAS JUST GOING TO ASK THE REPRESENTATIVES OF THE PROPERTY OWNERS, UM, WERE THERE ANY OTHER MODIFICATION? DID, DID YOU HEAR THE, UH, UH, ORDER THAT'S BEING PROPOSED HERE? UM, I WAS JUST WONDERING IF THERE WERE ANY OTHER MODIFICATIONS THAT YOU WOULD BE REQUESTING? UH, NO.

UM, AS FAR AS I'M AWARE, WE'RE STILL GOING WITH THE ORIGINAL BLUEPRINT THAT WAS GIVEN TO THE CITY WHEN THE H HOUSE WAS FIRST BUILT.

THE ONLY MODIFICATION WOULD BE THAT THE ROOF WAS RAISED.

OH, SORRY.

I DO MEAN, UM, MODIFICATIONS TO THE ORDER WE'RE CONSIDERING HERE.

UM, BE, BECAUSE ESSENTIALLY WE ARE, UH, ORDERING, UM, DEMOLITION, CORRECT.

UH, DEMOLITION IS PART OF IT, UM, BUT ALSO OBTAINING AND FINALIZING THE PERMITS.

UM, AND ALL OF THAT IS WITHIN THE RECOMMENDED ORDER, 45 DAYS.

UH, BUT COMMISSIONER OLUGO HAS, IT MIGHT BE 90 DAYS.

RIGHT? UM, WOULD THERE BE ANY OTHER CHANGES TO THAT ORDER THAT Y'ALL ARE REQUESTING AT THIS TIME? UM, AS FAR AS THE SEVEN DAY, 70 DAY, UH, $70 A WEEK, IF THE HOUSE IS GRANDFATHERED IN AND THE, AND MY PARENTS ARE ELDERLY, DOES, IS THAT NECESSARY TO, UM, IF WE'RE COMPLYING WITH EVERYTHING, IS IT NECESSARY TO CHARGE IF IT GOES OVER THE 90 DAYS FOR US TO GET THOSE PERMITS DEPENDING ON WHAT THEY NEED? 'CAUSE WE'RE NOT ABLE TO GET THE BLUEPRINTS FROM THE CITY, SO WE WOULD HAVE TO FIND OTHER MEANS OF FINDING THE ORIGINAL BLUEPRINTS THAT WERE GIVEN.

'CAUSE IT'S THE HOUSE, UM, THAT THE BLUEPRINTS WERE ORIGINALLY IN WERE DAMAGED DUE WITH THE WATER ISSUE FROM THE TREE FALLING ON THE HOUSE.

SO THIS IS KIND OF WHERE WE'RE AT RIGHT NOW.

I WAS JUST GONNA SAY, MAY I SHARE, UH, MY HARD COPY VERSION OF THE RECOMMENDED ORDER WITH THE, WITH THE REPRESENTATIVE, PLEASE? YES.

JUST SO THAT WE'RE ALL CLEAR, UH, COMMISSIONER ROSA LUGO.

JUST A LITTLE BIT OF CLARIFICATION FOR THE REPRESENTATIVES, UM, PIER, UM, WHATEVER FEES YOU MAY, I'LL JUST WAIT UNTIL THEY SURE.

THAT MAKES SENSE.

CAN I HAVE HIM LOOK? SURE.

SO RIGHT HERE, UH, THIS IS, UH, FOR THE HOMEOWNER'S REPRESENTATIVE ONE .

SO, I'M SORRY.

WE DON'T USUALLY, UH, SHARE THAT INFORMATION WITH THE, UM, WITH THE, UH, ANYBODY THAT COMES FOR THEIR PROPERTY AHEAD OF TIME.

ABLE TO SEE IT FOR THEMSELVES, I'D LIKE FOR THEM TO, YOU KNOW, LOOK IT OVER JUST TO BE CLEAR ON WHAT'S, WHAT THE COMMISSION IS ASKING OF THEM.

SO I, I THINK IN ALL FAIRNESS, SINCE THEY'RE HERE AND THEY'RE KIND OF

[00:30:01]

THAT MAKES PERFECT SENSE.

I GUESS WHILE THAT, WHILE THEY'RE, THEY'RE EXAMINING THAT, I GUESS I WANNA GIVE THE CITY AN OPPORTUNITY, UH, WE'VE HEARD ONE IDEA FLOATED THAT WOULD MODIFY THE RECOMMENDED ORDER BY ENLARGING THE TIME AVAILABLE TO, UH, 90 DAYS FROM 45.

UH, AND, UM, I, I WONDER IF THE CITY HAS, I MEAN, SOME OF THE TYPICAL THINGS THAT YOU HEAR IN CASES LIKE THIS, THAT, YOU KNOW, WHEN IT'S DEMOLITION, IT'S GONNA TAKE A WHILE ANYWAY.

AND SO, YOU KNOW, CHANCES ARE IT'S LIKELY TO BE ALMOST CERTAIN TO BE MONTHS, UH, BEFORE ANY TYPE OF ENFORCEMENT ACTION, UH, WOULD OCCUR.

BUT IF THERE'S ANYTHING ELSE THE CITY WOULD LIKE TO ADVISE US OF AS A COMMISSION, UM, IN, IN CONTEMPLATING AN ENLARGEMENT OF TIME, UH, WHETHER THAT WOULD BE, UM, INSPECTOR BRIT OR DIVISION MANAGER MOORE, IF ANYBODY CARED TO WEAR OR WEIGH IN ON THAT.

I, HELLO ROBERT MOORE, DIVISION MANAGER FOR CASE REVIEW AND ESCALATIONS DIVISION.

UM, YOU KNOW, THIS IS KIND OF A COMPLICATED CASE.

UM, AND IT'S ONE OF THOSE RARE INSTANCES WHERE EVEN IF THEY COME INTO COMPLIANCE WITH THE ORDER, THE PROPERTY'S STILL GONNA BE OUTTA COMPLIANCE, IF THAT MAKES SENSE.

SO WHAT WE HAVE IS A SINGLE, I MEAN, A, A A SINGLE STORY STRUCTURE THAT WAS, WHICH WAS THE ORIGINAL STRUCTURE, RIGHT? AND THEN WE HAVE THIS TWO STORY UNPERMITTED STRUCTURE, AND WHAT WE'RE ASKING IS FOR THE, UM, ONE STORY TO BE DEMOLISHED, WHICH IT'S ALMOST THERE, , I MEAN, IT'S LIKE, GOT A COUPLE OF BOARDS UP, IT LOOKS LIKE, RIGHT? AND THEN WE'RE ALSO ASKING FOR THE ELECTRICAL LOOP, UH, OR ELECTRICAL PANEL TO BE, UM, TURNED INTO LIKE A TEMPORARY LOOP MORE SAFE.

IT'S, WE'RE, WE'RE CONCERNED ABOUT THAT.

SO WHEN YOU'RE ASKING FOR MORE TIME, WE ARE NOT CONCERNED ABOUT THE FINES STARTING IN 90 DAYS OR WHATEVER.

WE REALLY WANT THAT ELECTRICAL ISSUE HANDLED AS FAST AS POSSIBLE, RIGHT? BECAUSE WE FEEL, SO THE THINGS WE'RE ASKING FOR IS GONNA MAKE THAT PROPERTY MORE SAFE, RIGHT? IT'S NOT GONNA BRING IT INTO COMPLIANCE.

THAT'S A WHOLE NOTHER BALL OF WAX THAT WE'RE GONNA HAVE TO PURSUE OUTSIDE OF THIS COMMISSION, UH, TO GET THAT DONE TO TRY TO GET THAT, UH, THAT SECOND STORY PERMITTED AND CERTIFICATE OF OCCUPANCY AND ALL THAT KIND OF STUFF.

BUT THAT COMES WITH FILING IN DIFFERENT VENUES, RIGHT? SO RIGHT HERE WE'RE JUST ASKING FOR THE DEMOLITION OF THE ORIGINAL STRUCTURE, WHICH IS ALMOST GONE ANYWAY, AND THE ELECTRICAL.

SO, UH, THE TIMEFRAME IS, IS WE'RE JUST CONCERNED ABOUT THE, THE SAFETY ASPECTS.

DIVISION MANAGER, THAT'S HELPFUL.

SO MAYBE OVER TO, UH, UH, UH, VICE CHAIR CAMPBELL, UH, I WAS JUST GOING TO SUGGEST, UM, IN LIGHT OF WHAT DIVISION MANAGER MOORE JUST SAID, PERHAPS WE COULD SPLIT THIS A LITTLE BIT TO SAY, UH, DEALING WITH THE ELECTRICAL ISSUES WITHIN 45 DAYS, BUT THEN STILL GIVE THE FULL 90 DAYS FOR THE REST OF THE ORDER, INCLUDING THE DEMOLITION.

I'M JUST CURIOUS HOW THE OTHER COMMISSIONERS WOULD FEEL ABOUT THAT.

COMMISSIONERS, WHAT'S THAT? SORRY.

OH, SORRY.

PERHAPS WE CAN, MAYBE, I THINK BECAUSE OF THE, WHERE THE DISCUSSION'S LEADING, MAYBE WE CAN GET A MOTION ON THE TABLE AND THEN PERHAPS DISCUSS THAT, THAT MOTION I THINK I MIGHT MAKE, IF I CAN RECOMMEND THAT COURSE OF ACTION.

NO, THANK YOU, COUNSEL.

THAT'S RIGHT.

I, AND GENERALLY SPEAKING, JUST AS A MATTER OF PARLIAMENTARY PROCEDURE, WE SHOULDN'T DISCUSS THE SPECIFICS UNLESS IT'S ON A PENDING MOTION.

SO WHEN WE'RE SORT OF DOING Q AND A ON THE, YOU KNOW, THE PUBLIC HEARING PORTION, THAT'S, IT'S KIND OF FINE TO GET CONJECTURAL, BUT AT THIS POINT, IF WE WANT TO SORT OF DIG DOWN ON THAT, I THINK SOMEBODY SHOULD, SHOULD MOVE IT.

UH, I DON'T THINK IT'S PROBABLY NECESSARY TO DIVIDE THE QUESTION.

I THINK YOU CAN JUST STRUCTURE THE ORDER IN SUCH A WAY THAT, UM, THAT THERE'S JUST A DIFFERENT COMPLIANCE PERIOD FOR THE DEMO THAN FOR THE ELECTRICAL.

THAT'S KIND OF WHAT YOU HAD IN MIND.

VICE CHAIR.

YEAH, I THINK THAT'S RIGHT.

UM, I'M HAPPY TO MAKE THE MOTION.

UH, YOU'RE RECOGNIZED FOR THAT PURPOSE, , I WILL MOVE TO ADOPT STAFF'S RECOMMENDED ORDER AND PROPOSE, UH, PROPOSED FINDINGS AND FACTS AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMENDED ORDER WITH THE EXCEPTION THAT ONE B, UH, WILL BE ORDERED TO BE COMPLETED WITHIN, UH, SORRY, , WITH THE EXCEPTION THAT, UH, HMM.

HOW DO I WANT TO WORD THIS? UH, WITH THE EXCEPTION THAT 45 DAYS BE AMENDED TO 90 DAYS AND THE 46TH DAY BE AMENDED TO THE 91ST, BUT THAT WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, UH, THEY SHALL REMOVE THE ELECTRICAL SERVICE FROM ITS CURRENT LOCATION, REPAIR THE ELECTRICAL SYSTEM, WHICH MAY INCLUDE A TEMPORARY CONSTRUCTION LOOP, AND THAT IF COMPLIANCE IS NOT COMPLETED ON THE 45TH SIXTH DAY, UM, ASSESS THE CIVIL PENALTY, UH, WHICH WOULD BE THE SAME AS PARAGRAPH TWO,

[00:35:01]

UH, MEMBERS.

YOU'VE HEARD THE MOTION? IS THERE A SECOND? I'LL SECOND.

SECOND.

WE'VE GOT THE PHOTO FINISH THERE.

I'M GONNA GIVE THAT ONE TO, UH, COMMISSIONER SLUGO, 'CAUSE HE MIGHT HAVE TO LEAVE .

SO, UH, UH, SO WE HAVE ON THE MOTION, UH, OF, UH, VICE CHAIR CAMPBELL, UH, SECONDED BY COMMISSIONER SLUGO.

IS THERE DISCUSSION BEFORE, UH, COMMISSIONER ELLI, MR. MOORE IS 45 DAYS TOO MUCH, BECAUSE YOU SAID WE SHOULD FINISH IT AND GET IT RESTORED OR REMEDIED SOON? OUR, OUR RECOMMENDATION IS 45 DAYS.

AND THAT'S WHAT WE'RE ASKING FOR.

YEAH, I MEAN, SOONER THE BETTER, OBVIOUSLY.

I MEAN, IT'S A CONCERN, DEFINITELY.

COMMISSIONER CHAIR RECOGNIZES COMMISSIONER FRANCIS, CAN THEY GET A TEMPORARY LOOP CONSTRUCTION PERMIT IN 45 DAYS? IS THAT EVEN POSSIBLE? I THINK SO.

UH, ALAN, WHAT DO YOU THINK? YEAH, THAT'S GOING TO INVOLVE AUSTIN ENERGY, SO I DON'T THINK I CAN GIVE YOU A ACCURATE TIMELINE FOR THAT, BUT THAT'S, THAT'S AWESOME ENERGY.

IS THAT, UH, ADDRESS YOUR QUESTION, COMMISSIONER? AND SO THAT WAS AN AFFIRMATIVE.

UH, AND SO AS NOT TO NEGLECT, UH, OUR NEW COMMISSIONER REMOTING IN COMMISSIONER SOCAL, I WANTED TO CHECK IN AND SEE IF YOU HAVE ANYTHING.

NO, NO FURTHER QUESTIONS.

THANK YOU, COMMISSIONER.

UH, THEN WITH THAT, UH, I THINK I'M GOING TO PUT IT, UH, TO THE COMMISSION.

SO, UM, UH, JUST TO, TO SORT OF RE-SUMMARIZE, UH, THE MOTION, UM, QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER AL LUGO TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER WITH A FOLLOWING MODIFICATION, UH, THAT THE, UH, REQUIREMENT, UH, THE DEMOLITION RELATED REQUIREMENTS OF THE ORDER, THAT IS TO SAY EVERYTHING OTHER THAN THE REQUIREMENT THAT ELECTRICAL SERVICE BE REMOVED, MODIFIED THE ORDER TO PROVIDE 90 DAYS FOR COMPLIANCE WITH FINES, UH, FOR NON-COMPLIANCE TO OCCUR ON THE 91ST DAY, BUT IN ALL OTHER RESPECTS, UH, TO, UH, ADOPT THE ORDER AS DRAFTED, UH, WHICH PROVIDES 45 DAYS, UH, TO COMPLETE THE DE THE DEMOLITION AND RELATED REQUIREMENTS WITH FINES FOR FAILURE TO DO THAT OCCURRING ON THE 46TH DAY.

AND SO WITH THAT, I'LL CALL THE VOTE AND I'LL BEGIN WITH, UH, COMMISSIONER SOCAL, IT'S GONNA BE A ROLL CALL VOTE.

SO IF YOU'RE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

COMMISSIONER OLUGO.

COMMISSIONER SIG AYE.

VICE CHAIR CAMPBELL AYE.

AND CHAIR VOTES AYE.

THERE BEING SEVEN AYES AND NO NAYS.

THE MOTION IS ADOPTED, UH, TO THE OWNERS.

UH, DO YOU HAVE ANY QUESTIONS ABOUT, UH, THE PROCESS THIS EVENING? UM, IS THERE ANY REBUTTALS TO THE MOTION OR WE JUST, WHATEVER THE MOTION IS, BECAUSE THE VOTE'S ALREADY BEEN MADE.

THAT'S WHAT IT IS.

WELL, THE, THE, YEAH, THE, THE MOTION HAS BEEN ADOPTED.

OH, OKAY.

AT THIS POINT.

SO, UM, UH, SO BASICALLY WHAT'S GOING TO HAPPEN NEXT IS THE, A COPY OF THE ORDER WILL BE MAILED TO YOU AND YOU CAN FOLLOW UP WITH, UH, WITH STAFF IF YOU HAVE ANY, UH, PROCEDURAL QUESTIONS.

COUNSEL, AM I OMITTING ANYTHING, UH, AT THIS POINT? NO, NOT THAT I'VE, NOT THAT I'VE HEARD.

YEAH, SO THOSE ARE THE NEXT STEPS.

SO THANK YOU VERY MUCH FOR ATTENDING THIS EVENING, AND, UH, WE WISH YOU WELL.

ON TO THE NEXT CASE ON THE AGENDA ITEM NUMBER THREE.

SO, UH, WITH THAT WE CAN MOVE

[3. Case Number: CL 2024-054444]

AND ALSO, UH, BEFORE WE DO THAT, I'M GOING TO NOTE FOR THE RECORD THAT, UH, COMMISSIONER OSTA LUGO IS HAVING TO, UH, DEPART.

SO WE HAVE A, WE STILL HAVE A QUORUM, UH, JUST A LIEN QUORUM , SO, OKAY, JAMES.

THE REQUIRED NOTICES, PROOFS OF MAILING, AND THE REQUIRED POSTINGS.

ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 20 24 0 5 4 4 4 4, AND IS REGARDING THE PROPERTY LOCATED AT 5 9 1 6 NORTH LAMAR BOULEVARD.

STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND YOUR GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THIS CASE.

THIS CASE WAS OPEN IN MARCH OF 2022 AS A RESULT OF A COMPLAINT.

THERE ARE NO ACTIVE TRADE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.

THE COMMERCIAL STRUCTURE IS CONSIDERED A PUBLIC AND AN ATTRACTIVE NUISANCE IN AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.

IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIPS OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE SHOWING THE DISTANCE TO NEARBY SCHOOLS,

[00:40:01]

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, 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.

59 16 NORTH LAMAR BOULEVARD IS A COMMERCIAL PROPERTY NEAR THE INTERSECTION OF NORTH LAMAR BOULEVARD AND CANA LANE.

IT IS ADJACENT TO ANOTHER PROPERTY AT 900 OLD CANA LANE, WHICH HAS THE SAME OWNERSHIP.

59 16 IS A ONE STORY BRICK BUILDING THAT HAS BEEN VACANT SINCE APPROXIMATELY 2018.

IT IS NEAR PEDESTRIAN ROUTES, A CAPITAL METRO BUS STOP AND IS APPROXIMATELY 800 FEET FROM THE MCCALLUM HIGH SCHOOL CAMPUS.

THE CURRENT CODE VIOLATION CASE BEGAN IN 2022.

CODE STAFF IDENTIFIED THE OWNERS THROUGH TCAD RECORDS AND COMMUNICATED WITH THEM ON SEVERAL OCCASIONS.

WE DISCUSSED COMPLIANCE REQUIREMENTS, UM, AND RESPONSIBILITIES FOR PROPERTY MAINTENANCE IN PROGRESSIVE VISITS.

THE BUILDING HAS BEEN SECURED AND CLEANED, BUT THE CONDITION, THE CONDITION VIOLATIONS RECUR AND WORSEN.

A PERIMETER FENCE WAS INSTALLED BY THE OWNER AND THAT WAS EVENTUALLY BREACHED BY TRESPASSERS.

THE CURRENT NOTICE OF VIOLATION WAS MAILED TO OWNERS, UM, CERTIFIED MAIL, ALL THE TYPICAL PROCESSES AND POSTED AT THE PROPERTY ALONG WITH A PLACARD NOTIFYING PEOPLE OF THE UNSAFE CONDITIONS.

PHOTOS ILLUSTRATE THE DEFICIENCIES AT THE PROPERTY.

BEGIN WITH TWO A TWO A.

THIS IS THE STREET VIEW FROM NORTH OF MAR BOULEVARD.

UM, IT WOULD BE THE THIRD BUILDING NORTH OF THE INTERSECTION FROM CAN LANE TWO B.

UM, THIS IS A VIEW FROM THE REAR OF THE PROPERTY.

UM, IT'D BE THE ADJACENT PROPERTY LINE WITH 900 OLD KIG.

WE SEE THE ACCESSIBLE PERIMETER, RUBBISH AND WEEDS, DETERIORATION OF THE ROOF AND BROKEN WINDOWS TO SEE.

THIS IS THE NORTH SIDE OF THE BUILDING.

UM, WE SEE GRAFFITI SUPERVISOR DISH, TALL WEEDS AND BROKEN WINDOWS.

SUPERVISOR.

I'M VERY, WHAT'S THAT? OKAY.

WHAT'S THAT? OH, THANKS.

ALL RIGHT.

SORRY, JUST IN AN ABUNDANCE OF CAUTION, UH, THE VICE CHAIR DID NOT LEAVE THE ROOM, UH, BUT UH, WAS NOT AT THE DESK FOR A MOMENT, SO I WANTED TO PAUSE.

UH, BUT PLEASE CONTINUE.

I I APOLOGIZE FOR THE INTERRUPTION.

FANTASTIC.

UM, TO SEE, AGAIN, THIS IS THE NORTH SIDE OF THE BUILDING.

WE SEE GRAFFITI, RUBBISH, TOLL WEEDS AND THE BROKEN WINDOWS GO INTO 2D.

THIS IS THE SOUTH SIDE OF THE BUILDING.

UM, IT'S A DAMAGED DOORWAY, TRESPASSERS KEEP IT SHUT, BUT IT IS DAMAGED AND CANNOT BE LOCKED.

BUT THE INTERIOR OF THE BUILDING IS SEEN AND IT SHOWS DAMAGE TO WALLS, ELECTRICAL SYSTEMS, UM, AND OTHER SURFACES DONE BY TRESPASSERS.

AND THE NEXT PHOTO, TWO E IS ACTUALLY THE SAME DOORWAY.

UM, THE GATE THAT ENCLOSES, THAT ALCOVE IS BROKEN, THE DOORWAY IS BROKEN AND IT LISTED AS A DEFICIENCY C TWO F.

THIS IS A DETAIL OF THE BROKEN WINDOW IN GRAFFITI AT THE REAR OF THE BUILDING.

TWO G.

THIS IS A ROOF ABOVE ONE OF THE BROKEN SIDE ENTRANCES.

THE ROOFING IS MISSING AND WEATHER IS DETERIORATING.

THE EXPOSED STRUCTURE, TWO H THIS IS SOME RUBBISH LEFT ON THE, UM, PROPERTY.

UM, THAT IS ACTUALLY A PUMP FOR REMOVING GREASE FROM DEEP FRYERS.

UM, THE ADJACENT PROPERTY ON THE SOUTH SIDE'S A P TERRY'S RESTAURANT TWO I, UM, MORE RUBBISH SEEN AT THE, AT THE PROPERTY.

UM, THAT LARGE BRASS VALVE HAS A TAG SHOWING.

IT WAS REMOVED FROM THE TEXAS STATE HOSPITAL AT 45TH AND LAMAR, AND THEN TWO J, UM, MORE GRAFFITI AND RUBBISH.

UM, THIS IS VISIBLE FROM THE OCCUPIED OFFICE AND MULTIFAMILY BUILDINGS THAT YOU SEE IN THE BACKGROUND.

AND THIS WOULD BE THE REAR PROPERTY AREA ADJACENT TO 900.

AND THEN 2K.

SO THIS IS THE PLACARD CURRENTLY PLACED ON THE FENCE, UM, FACING NORTH LAMAR.

UM, THE PLACARD IDENTIFIES THAT THE IPMC DEFICIENCY INVITATION TO NUISANCE IS A SAFETY CONCERN FOR

[00:45:01]

THE PROPERTY.

AND THAT COMPLETES OUR PHOTOS.

I WANTED TO NOTE THAT THE CONDITIONS OF THE PROPERTY AND OUR EXPERIENCE WITH A PD WHERE TRESPASSERS AND AGGRESSIVE ANIMALS HAVE BEEN REMOVED FROM THE PROPERTY PROVIDES EVIDENT THAT THE VA THE, THE VACANT STRUCTURE IS OBVIOUSLY AN HISTORICALLY AN INVITATION TO NUISANCE.

THIS CREATES, CREATES A HAZARD FOR THIS PROPERTY AND THE ADJACENT PROPERTIES.

THANK YOU FOR YOUR TIME REVIEWING THE CASE.

CAN WE HAVE THE EXHIBIT, UH, UP AGAIN PLEASE FOR A FEW MORE OF THE MOST RECENT PHOTOS.

BACK UP AND GO THROUGH THE LAST THREE PHOTOS.

OH, IS THERE MORE? YEAH.

OH, OKAY.

UM, TWO L, THIS IS ACTUALLY LOOKING THROUGH THE FENCE AT NORTH LAMAR AND WE SEE THE TALL WEEDS, GRASS GRAFFITI, UM, IN DETAIL.

YOU CAN SEE THE ROOF EDGE PERIMETERS, BROKEN WINDOWS OF THE BUILDING.

THE NEXT PHOTO.

OH YEAH.

UM, SO THIS IS STANDING AT THE PROPERTY LOOKING SOUTH CANA LANE WOULD BE THREE LOTS.

UM, BELOW, AGAIN, YOU KNOW FROM STREET VIEW THE, THE PROPERTY SECURE THE FENCE AND GATOR THERE.

UM, BUT THERE'S NO MAINTENANCE.

WE CONSISTENTLY SEE BROKEN SURFACES, TALL WEEDS AND GRASS, AND THROUGH THE LESS VISIBLE PART OF THE PROPERTY, THIS PERIMETER HAS BEEN BREACHED.

I BELIEVE THAT'S IT.

ALRIGHT, SO THAT'S ALL THE PHOTOS.

THANK YOU, SUPERVISOR.

BECAUSE OF THE EXISTING CONDITIONS, SORRY, EXHIBIT WE'LL GO WITHOUT IT.

UM, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS, IN FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE AND ARE CONSIDERED 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 TWO A THROUGH TWO M.

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, REPAIR ALL VIOLATIONS CITED TO THE COMMERCIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING, BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.

C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B.

AND TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.

ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU MR. CONEZ.

UH, AT THIS TIME WITHOUT OBJECTION, UH, CHAIR WILL ADMIT EXHIBITS, UH, ONE AND, UH, TWO A THROUGH TWO M IS OUR OBJECTION.

HEARING NONE, THE EXHIBITS ARE ADMITTED.

UH, THE MATERIALS THAT I HAVE IN FRONT OF ME, I DON'T SHOW ANYBODY REGISTERED ON BEHALF OF THE PROPERTY.

IS ANYONE, IS ANYONE HERE REGISTERED TO OR WISHING TO TESTIFY? OKAY THEN WITH THAT, UH, WITHOUT OBJECTION, I WILL, UH, STRIKE THAT.

UH, ON A VOICE VOTE, I WILL CLOSE THE PUBLIC HEARING.

UH, SO, UH, IF, UH, OH, BEFORE I DO THAT, I'M SORRY.

COMMISSIONER FRANCIS.

MOTION TO CLOSE THE HEARING.

AND DO WE HAVE A SECOND? ALL SECOND.

SECOND THAT.

SO ON THE MOTION OF, UH, COMMISSIONER FRANCIS, SECONDED BY COMMISSIONERS SHUGAR AND, AND SIG, UH, WE'RE GONNA CLOSE THE PUBLIC HEARING.

UH, THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED NAY THERE BEING NO NAYS.

UH, THE EVIDENCE PORTION IS CLOSED AND WE CAN MOVE ON TO MOTIONS.

UH, DOES ANYBODY HAVE A MOTION? I WOULD LIKE TO MOTION THAT WE JUST ADOPT, UH, STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS AND RECOMMENDED ORDER.

SO, UH, IS THERE DISCUSSION ON EITHER MOTION? DOES ANYBODY WISH TO SPEAK? UH, I'LL START WITH COMMISSIONER SHUGAR AS THE AUTHOR OF THE MOTION.

NOPE.

ANYONE ELSE? JUST AS ORDERED.

THEN, UH, MEMBERS YOU'VE HEARD THE MOTION QUESTION OCCURS ON THE MOTION OF COMMISSIONER SHUGART SECONDED BY VICE CHAIR CAMPBELL TO ADOPT, UH, STAFF'S FINDINGS OF FACT AND A RECOMMENDED ORDER, UH, THIS IS GONNA BE A RECORD VOTE AND I WILL BEGIN WITH, UH, COMMISSIONER ZAL.

AYE, UH, COMMISSIONER SHUGAR AYE.

COMMISSIONER SALLY AYE.

COMMISSIONER S VOTES? AYE.

VICE CHAIR CAMPBELL AYE.

VICE CHAIR CAMPBELL VOTES A, UH, CHAIR VOTES AYE.

UH, THE MOTION IS ADOPTED AND WE CAN MOVE ON TO AGENDA ITEM NUMBER FOUR.

[00:50:01]

SO I'LL INTRODUCE, UH, ITEM NUMBER FOUR, BUT ACTUALLY, UH, I DID NOT MENTION THIS PREVIOUSLY, BUT, UH, WE WISH TO PULL THAT ITEM FROM TONIGHT'S AGENDA.

SO LET ME JUST READ THAT INTO THE RECORD.

UH, ITEM NUMBER FOUR ON THE AGENDA.

CASE NUMBER CL 2 2 4 0 2 2 4 7 REGARDING 6 3 0 7 CLUB WAY LANE HAS BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD THIS EVENING.

OKAY, THANK, THANK YOU JAMES.

I'M SORRY ABOUT THAT.

LET'S MAKE IT, UH, CASE NUMBER FIVE.

[5. Case Number: CL 2024-052138]

ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 2 24 0 5 2 1 38 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 3 0 9 CAMPERDOWN ELM DRIVE.

THE EXHIBITS CAN BE FOUND IN THE YELLOW GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS.

THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE.

THE CASE WAS OPENED IN JANUARY OF 2024 AS A RESULT OF THE, OF A COMPLAINT OF A FIRE DAMAGE STRUCTURE.

THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE SIDED VIOLATIONS.

CONDITIONS ARE CONSIDERED SUBSTANDARD AND HAZARDOUS 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, ALL REQUIRED NOTICES, PROOFS, PROOFS OF NAILING AND POSTINGS A FIRE INCIDENT REPORT.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH 2K AND THE RECOMMENDED ORDER CODE INSPECTOR LATASHA PNO IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS AND DISCUSS THE VIOLATIONS AS DEPICTED.

INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.

UM, CODE WAS THERE IN A WARNING PLACARD AS A RESULT OF THE FIRE.

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 RESIDENTIAL PROPERTY LOCATED AT 3 0 9 CAMPER DOWN, CAMPER DOWN ELM.

THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS LAURA MAUREEN OF ARTESIA, CALIFORNIA ON JANUARY 24TH, 2024.

I RECEIVED A COMPLAINT FOR THE AFOREMENTIONED PROPERTY FROM AUSTIN 3 1 1 FOR A FIRE DAMAGE STRUCTURE.

ON THE SAME DATE, I PERFORMED AN INSPECTION WHERE I OBSERVED AND PHOTOGRAPHED A HEAVILY DAMAGED FIRE BURN STRUCTURE WITH A COLLAPSED ROOF, WINDOWS, DOORS, INTERIOR, EXTERIOR, PLUMBING, ELECTRICAL, AND MECHANICAL, ALL SIGNIFICANTLY AFFECTED BY THE FIRE.

I SPOKE WITH THE LEASING AGENT FOR THE, FOR THE PROPERTY WHO PROVIDED ME AN EMAIL ADDRESS FOR THE OWNER.

I CONTACTED THE OWNER USING THAT EMAIL EXPLAINING THE NOTICE OF VIOLATION AND PERMIT AND PERMITTING PROCESS.

A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE VIOLATIONS.

TIMELINE FOR COMPLIANCE AND SUGGESTED REMEDY.

ON MARCH 28TH, I RECEIVED SEVERAL EMAILS FROM THE INSURANCE COMPANY REGARDING THE REPAIRS AND INQUIRING IF I HAD HAD ANY CONTACT WITH THE PROPERTY OWNER ON APRIL 19TH.

ADDITIONAL COMPLAINTS WERE RECEIVED FROM AUSTIN.

3 1 1 FOR UNSANITARY CONDITIONS, SPECIFICALLY TALL GRASS AND WEEDS.

ON APRIL 20TH, I SPOKE WITH THE PROPERTY OWNER ADVISING THAT A CITATION HAD BEEN WRITTEN FOR THE UNSANITARY CONDITIONS, TALL GRASS AND WEEDS.

AND AT THAT TIME I LEARNED THAT A CONTRACTOR HAD BEEN HIRED TO START THE PERMITTING PROCESS.

ON MAY 8TH, I CONDUCTED A FOLLOW UP INSPECTION AND OBSERVED THAT THE CONTRACTOR HAD BEGUN THE CLEAN OUT PROCESS WITHIN THE INTERIOR OF THE PROPERTY.

IN ADDITION TO ENSURING THE EXTERIOR MAINTENANCE WAS IN COMPLIANCE, I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

OH, EXHIBIT TWO A.

SO THIS IS THE, UM, A CONTEXTUAL PHOTO OF THE PROPERTY AND YOU COULD SEE THAT THE ENTIRE ROOF HAS NOT ONLY BURNED BUT COLLAPSED.

EXHIBIT TWO B, THIS IS JUST A SIDE VIEW OF THE SAME PROPERTY.

UM, AGAIN, YOU CAN SEE THE EXTENSIVE DAMAGE THAT WAS DONE TO THE ROOF.

THAT HAS GREATLY AFFECTED ALSO THE INTERIOR EXHIBIT TWO C.

THIS IS FROM THE OPPOSING SIDE OF THE PROPERTY.

YOU CAN ALSO SEE THAT THE FRONT WINDOW IS MISSING ALTOGETHER.

EXHIBIT 2D UH, A CLOSEUP PHOTO SHOWING HOW THE ROOF ROOF HAS COLLAPSED TO THE INTERIOR EXHIBIT TWO E.

THIS IS JUST TO INDICATE THAT,

[00:55:01]

EXHIBIT TWO F.

THIS IS A MORE RECENT PHOTO OF THE PROPERTY.

YOU COULD SEE THE CONTINUED DAMAGE TO THE ROOFING AREA, UM, AT THE FRONT OF THE PROPERTY IN ADDITION TO THE BIN WHERE THE CONTRACTOR IS THERE TO CLEAR OUT THE INTERIOR EXHIBIT TWO G.

THIS IS JUST A CONTEXTUAL OF THE ACTUAL ADDRESS.

EXHIBIT TWO F OF TWO H, UM, PHOTO SHOWING THAT THE ROOF HAS COMPLETELY COLLAPSED, UH, IN THE PROPERTY.

EXHIBIT TWO I, AGAIN, JUST ANOTHER SIDE CONTEXTUAL, UM, PHOTO OF THE PROPERTY MISSING THE ROOF.

EXHIBIT TWO J FROM THE FRONT OF THE PROPERTY SHOWING THAT THE UM, CONDITIONS HAVE NOT CHANGED.

EXHIBIT 2K, YOU CAN SEE THE, UM, TOP PEAK OF THE ROOF HAS ACTUALLY EITHER BEEN TAKEN DOWN OR FALLEN IN ON THE PROPERTY.

THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE TO ANSWER ANY QUESTIONS.

THANK YOU, INSPECTOR.

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 THAT ARE HAZARDOUS.

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 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 THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46 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 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.

THANK YOU MR. CANEZ.

UH, AT THIS TIME, UH, THERE'S NO OBJECTION.

I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH 2K.

HEARING NONE, THE EXHIBITS ARE ADMITTED.

UH, JAMES, I'M SHOWING NO ONE REGISTRATED ON THIS EITHER HERE OR REMOTELY.

IS THAT, IS THAT CORRECT? I BELIEVE THAT'S CORRECT.

AND THAT'S TO THE ROOM.

IS ANYONE HERE WISHING TO TESTIFY, UH, ON BEHALF OF THE PROPERTY? OKAY.

THANK YOU MR. UH, COMMISSIONER SIG.

I MOVE TO CLOSE THE HEARING AND ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS IN RECOMMENDED ORDER.

LET'S, LET'S KEEP THEM TWO SEPARATE MOTIONS ON THE RECOMMENDATION OF COUNSEL.

DO YOU MIND DIVIDING THE QUESTION? UH, COMMISSIONER SIG.

SO IN OTHER WORDS, UH, MAKE A MOTION TO MAKE A MOTION TO CLOSE COMMISSIONER S IF YOU COULD EVIDENT PORTION, MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

SO I MOVE TO CLOSE THE HEARING.

UH, IS THERE A SECOND? YEP.

ON THE MOTION OF COMMISSIONER, UH, SIG SECONDED BY COMMISSIONER SHUGART, UH, THIS IS, UH, JUST GONNA BE A VOICE VOTE.

ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

I BELIEVE THAT AN AYE FROM COMMISSIONER SOKO.

UH, SO, UH, THE AYES HAVE IT, UH, THE EVIDENTIARY PORTION OF THE HEARING IS NOW CLOSED.

DOES ANYONE HAVE A MOTION? UH, COMM, OH, SORRY.

COMMISSIONER, LIKE I MOVE TO ADOPT THE STATUS OPPOSED FINDINGS OF FACT AND CONCLUSIONS AND RECOMMENDED ORDER.

AND IS THAT I'LL SECOND.

BEGIN WITH COMMISSIONER SOCAL.

SO, UH, MEMBERS, WE UH, WE'RE ON THE MOTION OF COMMISSIONER SIG, SECONDED BY COMMISSIONER SHUGART TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDED ORDER.

THIS IS GONNA BE A ROLL CALL VOTE AND I'LL BEGIN.

COMMISSIONER SELIG.

UH, VICE CHAIR CAMPBELL AYE.

CHAIR VOTES? AYE.

THERE BEING, UH, SIX AYES, NO NAYS.

THE MOTION CARRIES.

AND WE CAN MOVE ON TO

[6. Case Number: CL 2024-059693]

AGENDA ITEM NUMBER SIX.

I'M GONNA PAUSE JUST VERY BRIEFLY 'CAUSE WE HAVE A COMMISSIONER OFF THE DAY, SO WE'LL STAND.

I DON'T, DID YOU GET, UH, COMMISSIONER SLING'S VOTE? I DID, I DID.

[01:00:01]

UH, SO WE CAN MOVE ON.

UNDERSTOOD.

WE CAN MOVE ON TO, UH, AGENDA ITEM NUMBER SIX.

JAMES.

THANK YOU CHAIR.

ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 2 2 4 0 5 9 6 9 3.

AND IS REGARDING THE PROPERTY LOCATED AT 1 0 1 1 EAST 11 E, EXCUSE ME, EAST 16TH STREET.

STAFF EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS.

THIS CASE WAS OPENED IN SEPTEMBER OF 2022 AS A RESULT OF A COMPLAINT.

THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.

THE COMMERCIAL STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE DEMOLITION IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO H AND THE RECOMMENDED ORDER CODE INSPECTOR ANDRES DEVERA IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE, AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.

INSPECTOR DEVERA, PLEASE BEGIN YOUR TESTIMONY.

MY NAME IS ANDRES DEVERA.

I CODE INSPECTOR FOR DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION.

THE PROPERTY BEFORE YOU TODAY IS A COMMERCIAL PROPERTY LOCATED AT 10 11 EAST 16TH STREET.

ACCORDING TO THE TRAVIS COUNTY APPRAISAL DISTRICT, THE OWNER OF RECORD IS MEANDERING BEND, LLC.

ON SEPTEMBER 19TH, 2022, CODE INSPECTOR AARON HAGEL WHILE ON PATROL IN HIS ASSIGNED AREA, OBSERVED A COMMERCIAL STRUCTURE AT 10 11 EAST 16TH STREET.

THE STRUCTURE WAS A FORMER MANUFACTURING FACILITY AND SHOWROOM FOR CEMETERY HEADSTONES.

DURING HIS INITIAL INSPECTION, HE OBSERVED THAT THE PROPERTY WAS HEAVILY OVERGROWN WITH GRASS, WEEDS, TREE BRUSH, AND OTHER MAINTAINED VEGETATION.

ADDITIONALLY, THE MAIN STRUCTURE WITH DILAPIDATED AND IN AN ATTRACTIVE NUISANCE.

THE PROPERTY HAD PREVIOUSLY BEEN BOARDED UP, BUT MUCH OF THAT SECUREMENT HAD BEEN BREACHED, MAKING THE PROPERTY OPEN AND ACCESSIBLE.

MAJOR PORTIONS OF THE EXTERIOR WALLS AND STRUCTURE APPEAR DAMAGED, DETERIORATING, AND A MECHANICAL STRUCTURE AT THE REAR BUILDING WAS DETERIORATING WITH PARTS OF HIS STRUCTURE FALLING APART DUE TO THE POOR CONDITION OF THE STRUCTURE, INSPECTOR HAGEL HAD CITY CONTRACTORS PERFORM AN EMERGENCY BOARD AND SECURE TO PREVENT UNAUTHORIZED ACCESS TO THE INTERIOR.

IN NOVEMBER OF 2023, THE CASE WAS TRANSFERRED TO ME.

DURING A FOLLOW-UP INSPECTION, I OBSERVED THAT THE VIOLATIONS HAD NOT BEEN CORRECTED.

THE STRUCTURE REMAINED SECURED, BUT WAS STILL AN OBVIOUS DISREPAIR DUE TO THE PROLONGED ABANDONMENT, NEGLECT AND DETERIORATION.

THERE WERE MULTIPLE BOARDED UP WINDOWS ON THE EAST AND NORTH SIDES OF THE STRUCTURE.

ALL VISIBLE SIDES OF THE EXTERIOR WALLS AND SIDING WERE DAMAGED AND DILAPIDATED WITH HOLES CRACKS EXPOSING THE INTERIOR TO RAINWATER AND VERMIN DUE TO THEIR OVERGROWN VEGETATION AND YEARS OF ABANDONMENT.

I PERSONALLY WITNESSED FOXES RUNNING THROUGH THE GRASS AND WEEDS FURTHER INDICATING NEGLECT AND WILDLIFE BEGINNING TO TAKE REFUGE ON THE PROPERTY WHILE INSPECTING THE PROPERTY.

A RESIDENT OF THE MULTIFAMILY BUILDING NEXT DOOR AT 10 0 9 EAST 16TH STREET EXPRESSED MANY CONCERNS.

HE MENTIONED THAT THE PROPERTY AT 10 11 EAST 16TH STREET HAD BEEN ABANDONED AND IN DISREPAIR FOR OVER A DECADE WITH WILDLIFE SUCH AS FOXES AND RODENTS HARBORING THERE AND SOMETIMES ENTERING THE ADJACENT PROPERTY, POSING A POTENTIAL DANGER TO CHILDREN AND PETS.

HE ALSO REPORTED MANY, MANY ATTEMPTED BREAK-INS BY TRESPASSERS AND THREATENING TO CALL THE POLICE TO DETER THEM.

ON NOVEMBER 29TH, I DOCUMENTED ALL VIOLATIONS AND A NOTICE OF VIOLATION WAS SENT VIA CERTIFIED MAIL ON DECEMBER 4TH, 2023 TO THE OWNER OF RECORD AND REGISTERED AGENT.

A NOTICE OF VIOLATION WAS ALSO PHYSICALLY POSTED AT THE FRONT OF THE PROPERTY ON JANUARY 2ND OF THIS YEAR.

DURING THIS TIME, I'VE ONLY BEEN ABLE TO CONTACT THE PROPERTY MANAGER, DREW DENNET.

I'VE HAD MULTIPLE PHONE CONVERSATIONS WITH MR. DENNET AND ISSUED MANY VERBAL WARNINGS THAT UNLESS THE VIOLATIONS WERE ADDRESSED, I WOULD HAVE NO CHOICE BUT TO ESCALATE THE CASE, ISSUE CITATIONS AND POSSIBLY BRING IT BEFORE THE BSC.

MR. DENNET HAS ACKNOWLEDGED THE VIOLATIONS AND ISSUES WITHIN THE PROPERTY, BUT STATED THAT DUE TO THE OWNER'S FINANCIAL TROUBLES, HE'S BEEN UNABLE TO SECURE THE NECESSARY FUNDS TO ADDRESS THE VIOLATIONS.

DESPITE MY REQUEST, HE HAS DECLINED TO PUT ME IN CONTACT WITH THE OWNER OR DECISION MAKER PERFORMING, EXCUSE ME, PREFERRING TO RELAY

[01:05:01]

MY MESSAGES HIMSELF.

HE ASSURED ME THAT HE WAS ABLE TO CONVEY THE URGENCY OF THE MATTER TO THE OWNER.

I HAVE ISSUED TWO ADMINISTRATIVE CITATIONS TO THE OWNER FOR VIOLATING CITY CODE TEN FIVE TWENTY ONE FOR UNSANITARY CONDITIONS DUE TO THE OVERGROWN VEGETATION.

TO DATE, NO ACTION HAS BEEN TAKEN OR EVEN ATTEMPTED TO CORRECT ANY OF THE CODE VIOLATIONS DUE TO THE DETERIORATION OF THE MAIN STRUCTURE WITHIN THE PROPERTY, THE POTENTIAL DANGERS IT POSES TO THE FAMILIES LIVING IN THE ADJACENT PROPERTIES AND THE LACK OF ACTION FROM THE OWNER OF MEANDERING BEND LLC.

I WISH TO ESCALATE THIS CASE AND COMPEL THE OWNER TO DEMOLISH THE STRUCTURE.

I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

PHOTO TWO A.

THIS IS A CONTEXTUAL PHOTO THAT SHOWS THE PROPERTY WITH THE OVERGROWN VEGETATION.

THE MAIN STRUCTURE IS VISIBLE IN THE BACKGROUND.

PHOTO TWO B, ALTHOUGH IT IS SOMEWHAT OBSCURED BY THE VEGETATION, THIS PHOTO CAPTURES PORTIONS OF THE EXTERIOR WALL FEATURING HOLES, CRACKS, AND SIGNS OF SEVERE DETERIORATION AND DAMAGE.

PHOTO TWO C.

THIS PHOTO DEPICTS, UH, A FRONT DOORWAY AND WINDOW THAT WERE BOARDED UP BY CITY CONTRACTORS WITH GRAFFITI, UH, VISIBLE ON THE EXTERIOR.

NEXT PHOTO, PLEASE.

OKAY, SHOWING THE EAST SIDE OF THE STRUCTURE FROM NAVASOTA STREET.

I'M SORRY, TWO PHOTO.

2D UH, THIS IS SHOWING THE EAST SIDE OF THE STRUCTURE FROM NAVASOTA STREET.

THIS PHOTO REVEALS MULTIPLE CRACKS, HOLES, EXTENSIVE DAMAGE AND DETERIORATION OF THE EXTERIOR WALLS.

UH, NEXT PHOTO, UH, PHOTO TWO E, ANOTHER VIEW OF THE EAST SIDE OF THE STRUCTURE.

MOVING TOWARDS THE SOUTH END OF THE PROPERTY, IT SHOWS FURTHER NEGLECT WITH OVERGROWN VEGETATION, BOARDED UP WINDOWS, CLEAR DAMAGE AND DETERIORATION OF THE EXTERIOR WALLS AND VISIBLE GRAFFITI.

PHOTO TWO F'S A CLOSEUP VIEW OF A MECHANICAL STRUCTURE OF THE BACK OF THE BUILDING HIGHLIGHTING RUST OF DLA.

IN, IN THE DILAPIDATED CONDITION, WOODEN SUPPORT BEAMS COULD BE SEEN SHOWING SEVERE DAMAGE AND DETERIORATION.

UH, NEXT PHOTO.

UH, PHOTO TWO G.

THIS PHOTO PROVIDES A CONTEXTUAL VIEW OF THE EAST SIDE OF THE PROPERTY SHOWING THE PROXIMITY OF THE MECHANICAL STRUCTURE TO THE STREET AND THE OVERALL NEGLECT OF THIS PART OF THE PROPERTY.

PHOTO TWO H, ANOTHER CONTEXTUAL VIEW OF 10 11 EAST 16TH STREET AND THE ADJACENT PROPERTY AT 10 0 9 EAST 16TH STREET, HIGHLIGHTING THE PROXIMITY AND THE POTENTIAL NUISANCE, UH, TO THE FAMILIES LIVING AT 10 0 9 AND THE NEIGHBORHOOD.

UH, THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE TO ANSWER ANY QUESTIONS.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.

STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

B, DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.

AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN, DEVELOPMENT SERVICES TO DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND B AND TWO ON THE 46TH DAY.

IF, IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND ANY ACCESSORY STRUCTURE, INCLUDING ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.

AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.

A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.

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.

ALL RIGHT, THANK YOU JAMES.

UH, AT THIS TIME, CHAIR WILL EXHIBIT WITHOUT, UH, OBJECTION.

CHAIR WILL ADMIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO H AS OUR OBJECTION.

HEARING NONE, THE EXHIBITS ARE ADMITTED.

I SHOW A KIM LONG A LIEN HOLDER, UH, REGISTERED TO, UH, TESTIFY BY PHONE.

DO WE HAVE KIM LONG? SO, HONESTLY, I THINK, UH, MS. LONG WAS JUST GOING TO LISTEN

[01:10:01]

IN.

SHE DID CONTACT US TO, UH, CONFIRM THAT THE HEARING WAS, UH, SCHEDULED FOR TODAY.

AND, UM, AND AGAIN, I THINK HER INTERESTS ARE JUST TO REPRESENT THE LIEN HOLDER.

OKAY, THANK YOU.

I DON'T SHOW ANY, NOT SO MUCH THE OLD, THE, UH, OWNER.

AND I, I DON'T SHOW ANYONE ELSE REGISTERED IN PERSON IS AND SUGGEST IN AN ABUNDANCE OF CAUTION, IS ANYONE IN THE ROOM WISHING TO GIVE TESTIMONY ON THIS CASE? OKAY.

THEN, UH, DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.

UH, WE ON THE MOTION OF COMMISSIONER FRANCIS.

UH, SECONDED BY COMMISSIONER SHUGART.

UH, ALL OF THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

ANY OPPOSED? OKAY.

THERE BEING NO, UH, NONE OPPOSED? UH, THE PUBLIC HEARING IS CLOSED.

DOES ANYBODY HAVE A MOTION ON THE PRINCIPAL RECOMMENDATION? I HAVE A QUESTION.

UH, COMMISSIONER SLY.

SO, AT THE BEGINNING OF THE PRESENTATION, WE WERE TOLD THAT THIS WAS A, A BUSINESS THAT USED TO MAKE HEADSTONES, RIGHT? UH, THAT IS CORRECT, SIR.

SO I JUST WANTED TO MAKE SURE THAT IN PHOTOGRAPH TWO C THOSE WERE, UM, HEADSTONES THAT WERE MADE AND NOT NECESSARILY REFLECTING SOMEBODY WHO WAS BURIED THERE.

NO, SIR.

THOSE WERE, UM, JUST MODELS SAMPLES.

JUST TO SHOW THE POTENTIAL CUSTOMERS THAT WOULD COME, UH, TO THE BUSINESS TO, UH, TO PURCHASE OR HAVE A CUSTOMIZED HEADSTONE, UH, CONSTRUCTED.

I JUST WANTED TO MAKE SURE THAT WE'RE, WE DON'T HAVE SOMEBODY BURIED THERE.

CAN I, GOOD QUESTION THAT, UH, ANSWER WILLIS ADAMS INVESTIGATOR THAT, UH, LOCATION, THAT PROPERTY IS RIGHT ADJACENT TO THE OAKWOOD CEMETERY THAT'S WITH IT'S SERVICED.

UH, THANK YOU INVESTIGATOR.

COMMISSIONER SIG.

UH, VICE CAMPBELL, UH, I'LL MOVE TO, UH, THE PROPOSED FINDINGS, FACTS AND CONCLUSIONS OF LAW AND, UH, ADOPT STAFF'S RECOMMENDED ORDER.

SO, MEMBERS, YOU HAVE HEARD THE MOTION, UH, SO THE COURT, I'M GONNA GO AHEAD AND WELL FIRST, DO WE HAVE ANY DISCUSSION ON THE MOTIONS? ANYBODY HAVE ANY THOUGHTS? OKAY, THEN I'LL GO AHEAD AND, AND CALL.

SO, QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL, SECONDED BY SHUGAR TO COMMISSIONER SHUGART, PARDON ME, TO ADOPT, UH, STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER.

THIS WILL BE A ROLL CALL VOTE AND I WILL BEGIN WITH COMMISSIONER SOCAL.

COMMISSIONER SIG AYE COMMISSION.

UH, PARDON ME.

VICE CHAIR CAMPBELL.

AYE, UH, CHAIR VOTES.

ITEM NUMBER SEVEN ON THE AGENDA IS AN APPEAL REGARDING THE RENTAL REGISTRATION SUSPENSION AT A REPEAT OFFENDER PROGRAM.

THE MOTION CARRIES AND WE CAN MOVE ON TO WHAT APPEARS TO BE THE BIG ONE.

UM, WE'VE GOT, UM, ITEM NUMBER SEVEN.

[7. Case Number: OL 2022-021825 ]

PROPERTY LOCATED AT 2 3 0 1, EXCUSE ME.

UH, 2 3 0 1 DUR DERWOOD STREET, ALSO KNOWN AS LUCERO APARTMENTS.

THE CASE NUMBER IS OL 20 22 0 2 1 8 2 5.

THE EXHIBITS CAN BE FOUND FOR THIS CASE, CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS OR IN GOOGLE DRIVE FOLDER.

IN YOUR READERS, YOU'LL FIND THE STAFF EXHIBITS ONE AND TWO.

EXHIBIT ONE CONTAINS THE APPEAL LETTER, DEVELOPMENT SERVICES DEPARTMENT, SUSPENSION LETTER, THE LICENSE HISTORY AND COMPLAINT HISTORY COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURE MAP OF THE PROPERTY NOTICES FOR TONIGHT'S HEARING, AS WELL AS THE REQUIRED POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF A CONTEXTUAL PHOTO OF THE PROPERTY MARKED AS TWO A ROP CRITERIA AND RENTAL REGISTRATION SUSPENSION SLIDES MARKED AS TWO B AND TWO C AND PHOTOGRAPHS OF THE ONGOING VIOLATIONS MARKED AS 2D THROUGH TWO M.

AND LASTLY, DEVELOPMENT SERVICES DEPARTMENT'S.

RECOMMENDATION DEVELOPMENT SERVICES DEPARTMENT SUPERVISOR JAMES ADAMS IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE SUSPENSION, FOLLOWED BY TESTIMONY FROM IN INVESTIGATOR ERIC FIN, SUPERVISOR ADAMS, SUPERVISOR ADAMS. PLEASE BEGIN.

FOR THE DEVELOPMENT SERVICES DEPARTMENT'S CODE COMPLIANCE DIVISION.

I AM JAMES ADAMS, JR.

AND I AM THE SUPERVISOR WITH THE REPEAT OFFENDER PROPERTY PROGRAM

[01:15:01]

TONIGHT WE ARE HERE AT THE PROPERTY OWNER'S REQUEST WHO HAS APPEALED THE RENTAL REGISTRATION SUSPENSION FOR THEIR PROPERTY, THE PROPERTY THAT IS LOCATED AT 2301 DERWOOD STREET, LUCERO APARTMENTS.

AT THIS TIME, I WILL PROVIDE YOU WITH A BRIEF HISTORY OF HOW WE CAME TO APPEAR BEFORE YOU TONIGHT.

THE PROPERTY WAS ENTERED INTO THE PROGRAM BACK IN FEBRUARY OF 2022.

THE CASE FOR BUILDING ONE WAS CREATED ON MARCH OF 2023 AND BUILDING TWO WAS CREATED IN AUGUST OF 2023.

A NOTICE OF VIOLATION FOR BOTH CASES WAS SENT, RECEIVED, AND POSTED ON THE PROPERTY INFORMING THE PROPERTY OWNER THAT THEY HAD 30 DAYS TO MAKE THREE NECESSARY REPAIRS.

THE PROPERTY OWNERS INSTALLED SHORING TO SUPPORT THE DILAPIDATED WALKWAYS.

THERE HAD BEEN NO REPAIRS OR PERMITS PULLED FOR THE PROPERTY WORK THAT NEEDED TO BE DONE.

SO THE PROPERTY WAS BROUGHT BEFORE THE BUILDING AND STANDARDS COMMISSION BACK IN OCTOBER OF 2023.

AT THAT TIME, PROPERTY MANAGEMENT AND OWNERSHIP STATED, STATED THAT THEY WOULD NEED APPROXIMATELY SIX MONTHS TO, TO MAKE OUR REPAIRS.

THE COMMISSION ORDERED 90 DAY REPAIR WITH A FINE AFTER THE COMPLIANCE TIME HAD EXPIRED.

THE PROPERTY DID NOT OBTAIN A BUILDING PERMIT FOR BUILDING ONE UNTIL FEBRUARY OF 2024, AND THE BUILDING PERMIT FOR BUILDING NUMBER TWO WAS OBTAINED IN MAY OF 2024.

DURING THIS TIME, THEY HAVE STARTED REPAIRS AND WORK CONTINUES THE DEPARTMENT'S NEXT ENFORCEMENT STEP IS TO SUSPEND THE, IS TO SUSPEND THE PROPERTY, WHICH WILL NOT ALLOW THE PROPERTY TO RENT ANY VACANT UNITS OR UNITS THAT BECOME VACANT.

AN INTENT TO SUSPEND LETTER WAS SENT TO THE OWNER BACK IN FEBRUARY 26TH, 2024, INFORMING THE PROPERTY OWNER THAT THEY HAD TO MAKE ALL REPAIRS WITHIN 30 DAYS OR THE PROPERTY WOULD BE SUSPENDED.

THE 30 DAYS HAD EXPIRED.

SO THE SUSPENSION NOTICE WAS SENT ON APRIL FOUR, APRIL 1ST, 2024.

AT THAT TIME, THE PROPERTY OWNER SUBMITTED AN APPEAL.

THE APPEAL HEARING WAS SCHEDULED FOR THE BSC HEARING DURING MAY OF 2024, BUT THE OWNER HAD REQUESTED AN ADDITIONAL MONTH TO GATHER INFORMATION FOR THE APPEAL.

AS OF TODAY, WEDNESDAY, JUNE 26TH, 2024, ALL THE REPAIRS HAVE NOT BEEN COMPLETED.

I HAVE INSPECTOR ERIC FINN WITH ME TONIGHT TO ANSWER ANY QUESTIONS REGARDING THE CONDITIONS AT THE PROPERTY, AND I BELIEVE YOU HAVE SOME SLIDES THAT YOU WANTED TO PRESENT.

UH, JUST SHOWING REPAIR TO THE, UH, FLOOR IN FRONT OF THAT AREA.

I'M ERIC FINN, A CODE INSPECTOR FOR THE DEVELOPMENT SERVICES CODE COMPLIANCE DIVISION.

I'LL NOW PROCEED WITH A PRESENTATION OF PHOTO SLIDES REPRESENTING THE PROPERTY AT 23 0 1 DERWOOD STREET.

HERE, EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW OF ASSIGNED TO THE REAR OF THE PROPERTY LOCATED OFF OF WILSON STREET.

NEXT EXHIBIT EXHIBIT TWO B IS JUST A LIST OF THE 2 5 2 ROP CRITERIA.

NEXT EXHIBIT.

THESE ARE THE DEFINITIONS OF SUSPENSION ORDER, FOUR DASH 14 DASH FIVE.

NEXT EXHIBIT EXHIBIT 2D IS JUST A CONTEXTUAL VIEW OF BUILDING ONE.

JUST IDENTIFYING THE BUILDING NEXT EXHIBIT.

THESE PHOTOS WILL THESE, THIS IS A FOLLOW-UP INSPECTION CONDUCTED ON JUNE 12TH, 2024 AT THE PROPERTY.

EXHIBIT TWO E IS JUST A CONTEXTUAL VIEW SHOWING BUILDING TWO AND BUILDING ONE A SIDE ENTRANCE BETWEEN THOSE TWO BUILDINGS.

NEXT EXHIBIT.

EXHIBIT EXHIBIT TWO F IS JUST A CONTEXTUAL VIEW SHOWING THE LANDING OR WALKWAY BETWEEN BUILDINGS ONE AND TWO WHERE CONSTRUCTION WAS OBSERVED ON THIS DAY BETWEEN BUILDINGS ONE AND TWO.

NEXT EXHIBIT EXHIBIT TWO G IS JUST A CONTEXTUAL VIEW SHOWING REPAIR WORK TO THIS TRUSS AND OTHER ITEMS UNDERNEATH THE WALKWAY ON THIS SECOND LEVEL BETWEEN BUILDING TWO AND THE PARKING GARAGE DECK AT BUILDING ONE.

NEXT EXHIBIT EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW SHOWING CONSTRUCTION WORK THAT HAS STARTED ON THE LANDING OR WALKWAY BETWEEN BUILDING TWO AND BUILDING ONE ON LEVEL FOUR.

AND JUST NOTING THAT THE CONSTRUCTION FLOOR CONSTRUCTION ROUTER TO THE FLOOR ON THIS LANDING.

NEXT EXHIBIT, EXHIBIT TWO I IS JUST A CONTEXTUAL VIEW OF THE FOURTH BY THE STAIRWAY AND THE ELEVATOR ON THE FOURTH LEVEL.

[01:20:01]

NEXT EXHIBIT, EXHIBIT TWO J IS JUST A CONTEXTUAL VIEW OF THE CEILING, UH, WHERE SOME REPAIRS HAVE BEEN CONDUCTED, BUT THERE'S STILL SOME DETERIORATION, UH, TO THAT AREA AND OPENINGS, UH, IN THAT AREA.

NEXT EXHIBIT, EXHIBIT 2K ON THE FOURTH LEVEL BY UNIT 2, 4 0 1.

UH, JUST SHOWS AN EXPOSED AREA COVERED BY PLASTIC THAT IS STILL IN NEED OF REPAIR.

NEXT EXHIBIT, EXHIBIT TWO L IS JUST A CONTEXTUAL VIEW SHOWING THE CEILING ON THE FIFTH LEVEL WHERE THERE'S DETERIORATION TO THE EXTERIOR CEILING SOFFIT THERE WITH SOME EXPOSED HOLES, UH, IN THAT CEILING AREA.

NEXT EXHIBIT, EXHIBIT TWO M IS JUST A CONTEXTUAL VIEW SHOWING THE FLOOR, UH, THAT IS SUNKEN IN THAT STILL NEEDS REPAIR ON THE THE FIFTH LEVEL AT THIS PROPERTY OF BUILDING TWO.

NEXT EXHIBIT.

THIS CONCLUDES MY PRESENTATION PENDING.

ANY QUESTIONS, COULD YOU PLEASE BRING BACK EXHIBIT TWO B? AND I'M GONNA ASK, UH, SUPERVISOR ADAMS TO JUST EXPAND A LITTLE BIT ON, UM, THE ROPE CRITERIA AND ALSO TO SEE THE, UM, SUSPENSION CRITERIA.

THE REPEAT PROP PROP REPEAT OFFENDER PROPERTY PROGRAM HAS THE FOLLOWING CRITERIA THAT PROPERTIES HAVE QUALIFY TO BECOME A MEMBER OF OUR PROGRAM.

2 5 2 IS AN ACRONYM THAT WE USE WHEREBY TWO OR MORE SEPARATE NOTICES OF VIOLATION ARE ISSUED FOR THE SAME PROPERTY OWNER WITHIN A CON WITHIN A CONSECUTIVE 24 MONTH PERIOD.

AND THE PROPERTY AND THE OWNER OF THE PROPERTY FAILS TO CORRECT THE VIOLATIONS WITHIN THE TIMEFRAME ALLOTTED BY THE CODE OFFICIAL.

THE FIVE STANDS FOR FIVE OR MORE SEPARATE NOTICES OF VIOLATION ISSUED ON SEPARATE DAYS FOR THE SAME PROPERTY WITHIN A 24 HOUR PERIOD, REGARDLESS OF WHETHER THE VIOLATION WAS CORRECTED OR NOT.

AND THE FINAL TWO, TWO OR MORE CITATIONS ARE ISSUED FOR THE SAME PROPERTY WITHIN A 24 CONSECUTIVE WITHIN 24, UH, 24 CONSECUTIVE MONTH PERIOD.

UH, JAMES EXHIBIT TWO C.

SUSPENSION.

THE CODE OFFICIAL MAY SUSPEND RENTAL REGISTRATION FOR A RENTAL PROPERTY.

IF THE CODE OFFICIAL DETERMINES ONE, THE PROPERTY IS DECLARED SUBSTANDARD OR DANGEROUS BY THE, BY THE BUILDING AND STANDARDS COMMISSION, THE CODE OFFICIAL OR A COURT OF CON COMPETENT JURISDICTION.

TWO, THE REGISTRANT FAILS TO TIMELY COMPLY WITH A NOTICE OF VIOLATION, AND THAT IS THE CRUX OF WHY WE'RE PRESENTING THIS CASE TONIGHT.

THREE.

THE REGISTRANT FAILS TO COMPLY WITH A REQUIREMENT THAT OF THIS CHAPTER AND FOUR, THE REGISTERED FAILS TO COMPLY WITH OTHER CITY PERMITTING REQUIREMENTS OR FIVE, THE REGISTRANT FAILS TO PAY ITS ANNUAL REGISTRATION FEE.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS, AS WELL AS THE PHOTOGRAPHS AND SLIDES MARKED AS TWO A THROUGH TWO M.

STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND AFFIRM STAFF'S DECISION TO SUSPEND THE RENTAL REGISTRATION FOR THIS PROPERTY.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

UH, THANK YOU JAMES.

UH, THIS TIME I WILL ADMIT WITHOUT OBJECTION, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO M SORRY, OBJECTION.

HEARING NONE.

THE EXHIBITS ARE ADMITTED AND IT APPEARS AS THOUGH IS SO, IS EUREKA MULTIFAMILY, IS THAT THE OWNER'S REPRESENTATIVES? IS THAT SO THAT'S, UM, I HAVE A, WELL, COULD YOU PLEASE STATE YOUR NAME FOR THE RECORD? MY NAME IS CHRISTIE.

NEIL.

THANK YOU, MS. NEIL.

AND MY NAME IS BLAIR PENA.

BLAIR PENA.

DO WE HAVE A REGISTRATION? UH, WE HAVE, UM, OKAY.

AND SO THESE ARE, ARE Y'ALL, ARE YOU TWO TO YOUR KNOWLEDGE THE ONLY TWO, UH, REGISTERED ON BEHALF OF THE PROPERTY? YES.

ON BEHALF OF THE PROPERTY? YES.

UM, UM, I WAS NOT VERY CLEAR ON THE ORDER THAT IT WAS FOR BUILDING ONE AND TWO.

SO WE'LL GO AHEAD AND I, BECAUSE WE HAVE SOME OTHER, UM, THIRD PARTY WITNESSES REGISTERED AS WELL.

BUT, BUT FOR NOW, WE'LL GO TO, UM, WE'LL GO TO YOU.

UM, GOOD EVENING.

SO I WOULD LIKE TO START OFF, I WAS HERE, UM, IN REPRESENTING EUREKA MULTIFAMILY IN THE OCTOBER MEETING IN 2020, UM, THREE.

THE LAST MEETING WHEN THE, THE REPAIRS WERE BEING DISCUSSED, I WAS, UM, VERY DIRECT THAT THESE REPAIRS WERE GOING TO TAKE LONGER THAN THE 90 DAYS, UM, THAT WE WERE GIVEN.

[01:25:01]

UM, AT THE TIME I WAS JUST DISCUSSING BUILDING ONE.

UM, IN THE OCTOBER MEETING, MY CONCERN WAS DISPLACING THE RESIDENTS AND HAVING TO MOVE OUT, UH, OVER A HUNDRED RESIDENTS TO ALTERNATIVE HOUSING, WHETHER IT BE, UM, A HOTEL OR WHATNOT.

AND SO WE WERE TRYING TO COME UP WITH ANOTHER PLAN, UM, WHERE WE WOULD NOT HAVE TO DISPLACE THE RESIDENTS, UM, DURING THE HOLIDAYS AND SINGLE FAMILIES, WHICH WE DID ACHIEVE THAT, AND WE WERE NOT ABLE TO, UM, WE DIDN'T HAVE TO MOVE AND RELOCATE RESIDENTS AT ALL.

UM, THAT BEING SAID, WE HAD TO GO BACK TO THE DRAWING BOARD.

WE HAD TO GET NEW PLANS.

WE HAD TO FIND A NEW ENGINEER THAT COULD ACCOMMODATE THAT BECAUSE THE ENGINEER WE WERE WORKING WITH, THE, THE PLAN THAT THEY WERE PROVIDING WAS THE RELOCATION.

UM, AS SOON AS WE REALIZED THE ORDER INCLUDED BUILDING TWO, WE DID START IMMEDIATELY OBTAINING THE PERMITS AND GET THOSE BUILDINGS DRAWN AND START THE REPAIRS.

UM, THE LAST THING I WOULD LIKE TO SAY IS WE, WITH THE VIOLATIONS THAT WE RECEIVED, WE HAVE NOT RECEIVED PICTURES UP UNTIL I REQUESTED THAT.

SO WE GET, UM, A DE A DEFICIENCY, UM, LIST THAT SAYS WHAT'S WRONG, BUT THERE'S NO PICTURES ATTACHED.

SO IT'S LIKE LOOKING FOR A NEEDLE ON A HAYSTACK WHEN WE'RE GETTING THESE DESCRIPTIONS OF WHAT THE VIOLATION IS OF A PROPERTY THAT SIZE, THAT LARGE AND, UM, THE BUILDINGS THAT HE'S DESCRIBING.

SO I JUST WANTED TO PUT THAT ON THE RECORD AND THEN I'LL LET BLAIR SPEAK.

THANK YOU, MS. NEIL.

COMMISSIONERS.

MY NAME IS BLAIR PENA.

UM, AND I'M GONNA GO THROUGH THE EXHIBITS THAT WE'VE PROVIDED TO YOU IN ADVANCE.

I WAS ALSO HOPING THAT THEY WOULD BE UP ON THE SCREEN, UM, VERY QUICKLY.

I'M, I'M SORRY, MS. P JAMES.

ARE THESE, THESE ARE THE SAME AS WHAT'S IN OUR READERS? OKAY, GOOD.

UM, AND IF ANYBODY ELSE WOULD LIKE A PAPER COPY, WE DO ALSO HAVE EXTRA COPIES.

'CAUSE SOME PEOPLE JUST LIKE PAPER.

I DO HAVE ONE.

UH, IF I MAY INTERRUPT, UH, BRIEFLY, COUNSEL, SHOULD WE, UH, SHOULD WE ADMIT BEFORE HEARING A DESCRIPTION OF THEM OR SHOULD FOR AUTHENTICATION, SHOULD WE LET THE WITNESS REFERENCE THESE AND THEN ADMIT THEM AFTERWARD? YES, I WOULD, I WOULD LET THE WITNESS GO AHEAD AND, AND GO THROUGH THE EXHIBITS OR SIMILAR TO HOW THE CITY STAFF, THE CITY DOES.

PRESENTS.

UM, AND JUST TO MAKE SURE FOR CLARIFICATION, UM, COMMISSIONER SOCAL WILL HAVE ACCESS TO THIS, OKAY? YES.

I PARDON THE INTERRUPTION, MS. PENA, YOU MAY PROCEED.

IF WE COULD FLIP THE SCREEN.

UM, WE PROVIDED THIS EMAIL AS AN EXHIBIT LAST TIME.

THIS WAS EUREKA'S UNDERSTANDING OF THE ONLY OUTSTANDING VIOLATIONS AS OF SEPTEMBER 5TH, 2023.

THERE IS A LONG LIST OF VIOLATIONS AND REALLY EUREKA OR LUCERO BELIEVED THAT THE MAJORITY OF THE VIOLATIONS DEALT WITH THE LANDINGS.

UM, AND SO I JUST, I'VE HIGHLIGHTED THAT SO THAT Y'ALL HAVE IT IN THE RECORD.

UM, TO MY KNOWLEDGE, I'VE ASKED MY CLIENT FOR SOME DOCUMENT TO SHOW THAT THERE'S EVER A RESPONSE THAT SAYS, NO, YOU'RE WRONG.

AND I HAVEN'T BEEN ABLE TO COME ACROSS A RESPONSE THAT CONTRADICTS MY CLIENT'S UNDERSTANDING AS OF THE SCOPE OF REPAIRS OR DEFICIENCIES THAT WERE NEEDED BACK IN SEPTEMBER.

IF WE CAN GO TO EXHIBIT TWO, ONE OF THE VIOLATIONS THAT IS NOTED ON THE REPORT THAT I WAS PROVIDED BY MR. ADAMS BACK ON MAY 21, WAS COMPLAINING ABOUT THE LACK OF A BUILDING PERMIT.

UH, IF YOU GO FORWARD TO THE NEXT SLIDE, PLEASE.

NEXT PAGE.

UM, THIS IS A COPY OF THE BUILDING PERMIT, THE EMERGENCY BUILDING PERMIT THAT LUCERO HAD OBTAINED SEPTEMBER 29TH BEFORE THE LAST MEETING.

UM, IF WE GO TO THE NEXT EXHIBIT, YOU CAN SEE ON FEBRUARY 15TH, LUCERO DID GET THE BUILDING PERMIT FOR BUILDING NUMBER ONE.

DESPITE HAVING THIS BUILDING PERMIT, THOUGH THE LIST I WAS PROVIDED ON MAY 21 STILL CLAIMS THAT WE HAVE A DEFICIENCY BECAUSE WE DON'T HAVE A BUILDING PERMIT, WHICH YOU CAN SEE IS NOT THE ACTUAL TRUTH.

IF YOU MOVE TO EXHIBIT NUMBER FOUR, PLEASE.

NOW INSPECTOR FINN KNOWS THAT WE HAVE A BUILDING PERMIT BECAUSE THIS IS A PICTURE THAT WE WERE ABLE TO OBTAIN FROM AN OPEN RECORDS REQUEST THAT WAS TAKEN BY MR. FINN POSTED ON THE BUILDING THERE IN LUCERO.

THIS PHOTO, ACCORDING TO MR. FINN'S RECORDS, WAS DATED MARCH 21.

AND EVEN THOUGH THE CITY HAS A PHOTO OF OUR PERMIT, IT CONTINUES TO SHOW UP AS A VIOLATION ON THE LIST.

IF WE CAN MOVE TO EXHIBIT FIVE.

BUILDING ONE, AND AS OF TODAY, THEY ARE ALMOST FULLY COMPLETED, ONLY PRETTY MUCH WAITING FOR A FIRE INSPECTION.

UM, LUCERO HAS MADE SIGNIFICANT PROCESS PROGRESS IN COMPLETING THE REPAIRS FOR

[01:30:01]

UM, IN THIS NEXT PHOTOS, WHAT I'VE DONE IS I'VE GONE THROUGH THE VIOLATION THAT WAS LISTED ON THE NOTICE THAT WE GOT ON MAY 21.

AND I'LL WALK YOU THROUGH, UM, AS IT RELATES TO 2023 DASH 0 3 3 3 9 9 CV.

THE COMPLAINT WAS THAT THE LANDINGS, WALKWAYS AND PORCHES BY UNITS 13 0 8, 14 0 8, AND 1508 NEAR THE ELEVATORS HAD CRACKS.

THE ELEVATOR LANDINGS OR WALKWAYS, UM, ALSO, UH, HAD CRACKS AT THE TIME.

SO THIS PHOTO IS A PHOTO FOR CONTEXT THAT SHOWS RIGHT OUTSIDE OF UNIT 1308.

AND IF YOU CAN FLIP THE PAGE TO THE NEXT ONE, YOU CAN SEE THAT THE CEILING HAS BEEN REPAIRED.

ALL OF THE DETERIORATED WOOD UNDERNEATH THAT HAS BEEN REPLACED, REMOVED, AND THE CONCRETE IS NEW.

AS FAR AS THE GROUND IS CONCERNED, THE WALLS ALONG THE SIDE HAVE ALSO BEEN REPAIRED.

IF WE CAN FLIP TO THE NEXT, UH, PHOTO.

THIS ONE IS FOR CONTEXT TO SHOW YOU THE 1308 NEAR THE ELEVATOR.

AND IF WE GO TO THE NEXT PHOTO, YOU CAN SEE THE ELEVATOR, UH, WALLS AND THE CEILING AND THE FLOORS HAVE ALSO BEEN REPAIRED SO THAT THERE ARE NO CRACKS AND NO, UM, NO HOLES.

UM, IF WE GO TO THE NEXT PHOTO, THAT'S THE SIDE OF THE ELEVATOR STILL NEXT TO, UH, UNIT NUMBER 1308, AGAIN SHOWING IT'S BEEN REPAIRED.

NOW THE NEXT PHOTO, UM, IS FOR CONTEXT, IT'S, UH, UNIT 1408.

AND THEN IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE HERE AGAIN THAT THE LANDINGS, THE WALKWAYS AND THE WALLS HAVE ALL BEEN REPAIRED.

NOW THIS WAS SIGNIFICANT WORK.

I MEAN, THEY, THEY LITERALLY HAD TO TEAR OUT THE CEILING, TEAR OUT THE INSULATION, AND REBUILD EVERYTHING.

WHEN IT CAME TO THE CONCRETE, THEY HAD TO TEAR OUT ALL THE CONCRETE AND POUR IT TO MAKE SURE IT WAS DONE CORRECTLY.

UM, IF WE FLIP FORWARD TO THE NEXT PHOTO, THIS IS THE PICTURE OF THE ELEVATOR RIGHT NEXT TO 1408.

AGAIN, YOU CAN SEE THAT IT'S BEEN REPAIRED.

UH, THE NEXT PHOTO WILL SHOW YOU THE HALLWAY OUTSIDE OF 1408.

AND AGAIN, THAT HAS BEEN REPAIRED.

UM, THE NEXT PHOTO IS JUST ANOTHER PHOTO OF THAT SAME AREA OUTSIDE OF 1408.

IF WE GO TO THE NEXT ONE, YOU CAN SEE THIS IS, UH, FOR CONTEXT, IT'S OUTSIDE OF 1508.

AND IF WE GO TO THE NEXT PHOTO, YOU CAN SEE AGAIN THE LANDINGS, THE WALKWAYS AND THE WALLS HAVE ALL BEEN REPAIRED FOR BUILDING ONE.

WE GO TO THE NEXT PHOTO, WHICH IS OF THE ELEVATOR OUTSIDE OF 1508.

AND AGAIN, YOU CAN SEE THAT HAS BEEN REPAIRED.

THE NEXT PHOTO SHOWS THE HALLWAY OUTSIDE OF 1508.

I'M GONNA SKIP FORWARD.

UH, OKAY, YOU CAN GO TO THE NEXT ONE.

WELL, I THINK YOU'RE AT 1608.

UM, BUT 1608, THERE WERE ALSO PROBLEMS. AND AGAIN, WE'VE PRESENTED EVIDENCE AND PHOTOS.

THESE PHOTOS WERE TAKEN TODAY, BY THE WAY, BY MYSELF WHEN I WENT OUT THERE TO VISIT THE PROPERTY, TO CHECK ON THE STATUS OF THE REPAIRS.

UM, OKAY, THAT IS 1608.

UM, LET'S GO TO THE NEXT PHOTO.

UM, SO THIS COMPLAINT UNDER 2022 DASH 0 7 4 0 7 9 CV WAS THAT THE EXTERIOR WALL BY STAIR ONE, NORTH BY UNIT 1303 AT BUILDING ONE HAD A HOLE IN CRACKS.

SO THIS IS A CONTEXTUAL PHOTO TO SHOW YOU THAT WE'RE AT 1303.

IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE THE WALL, THE STAIRWELL, AND THE FACT THAT IT'S ALL BEEN REPAIRED AND THERE'S NO CRACKS AND HOLES ON THAT WALL.

IF WE GO TO THE NEXT PHOTO, IT'S ANOTHER SHOT OF THAT SAME WALL OUTSIDE OF 1303.

AND THE NEXT PHOTO IS ANOTHER SHOT OF THE WALL FROM THE OTHER ANGLE OUTSIDE OF 1303.

IF WE GO TO THE NEXT PHOTO, UM, THE COMPLAINT HERE UNDER 22 DASH 0 0 7 4 0 7 9 CV WAS THAT THERE WAS AN ELECTRICAL JUNCTION BOX ABOVE AN EXIT SIGN, MISSING A COVER PLATE ON THE SECOND LEVEL STAIRWAY AT BUILDING ONE.

THIS IS THE CONTEXTUAL PHOTO TO SHOW YOU WE'RE AT THE LEVEL, LEVEL TWO STAIRWAY.

AND IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE WHERE THE EXIT SIGN IS AND THAT THERE ARE NO ELECTRICAL PANELS THAT ARE MISSING, UM, NEAR THAT SIGN.

NOW THIS IS ONE THAT WE REALLY COULDN'T TELL WHAT WE WERE LOOKING FOR.

'CAUSE WHEN WE WENT OUT THERE, WE DIDN'T SEE ANY MISSING COVER PANELS.

SO IF YOU LOOK AT THE NEXT PHOTO, I DID GO TO THE OUTSIDE OF THE STAIRWELL JUST TO SEE IF WE WERE MISSING ANYTHING.

AND AGAIN, THERE WERE NO ELECTRICAL JUNCTION BOXES THAT APPEARED TO BE MISSING ANYTHING.

UM, IF WE GO TO THE NEXT PHOTO, UH, THERE WAS A COMPLAINT ABOUT A WIRE HANGING FROM THE WALL WITHOUT A COVER.

AND THIS SHOWS THE ELEVATOR ENTRANCE FOR CONTEXT OF WHERE THE WIRE WAS HANGING.

IF YOU GO TO THE NEXT PHOTO, IT SHOWS THAT THE WIRE WAS REMOVED AND IT WAS COVERED UP.

UM, AND SO

[01:35:01]

AGAIN, THAT COMPLAINT HAS BEEN, UM, REPAIRED.

NOW, I'M NOT GONNA SAY EVERYTHING FOR BUILDING ONE HAS BEEN REPAIRED, BUT THE LANDINGS AND THE PHOTOS THAT Y'ALL JUST SAW WERE THE MOST NECESSARY AND URGENT REPAIRS.

THERE ARE SOME REPAIRS IF WE LOOK AT EXHIBIT SIX THAT HAVE NOT BEEN COMPLETED YET.

AND WE'RE BEING TRANSPARENT WITH YOU IN BRINGING OUR OWN PHOTOS HERE TODAY.

UM, I WANNA SHOW YOU THOUGH THAT THESE REPAIRS THAT ARE STILL OUTSTANDING ARE COSMETIC.

AND WHILE THESE COSMETIC REPAIRS HAVE NOT BEEN MADE, THE STRUCTURAL REPAIRS FOR BUILDINGS TWO, THREE AND FOUR ARE CURRENTLY UNDERWAY.

AND THE REPAIRS THAT WE SHOWED YOU TODAY, THESE ARE THE SAME REPAIRS THAT ARE BEING MADE IN THE OTHER BUILDINGS.

IT'S TAKING LONGER THAN ANTICIPATED, THOUGH, BECAUSE OF THIS DESIRE TO NOT DISPLACE THE TENANTS WHO SEND THEIR CHILDREN TO THE SCHOOLS NEARBY.

AND IF THEY'RE MOVED SOMEWHERE ELSE, IT'S GONNA MAKE IT MORE INCONVENIENT TO GET TO SCHOOL.

SO THE MAJOR REPAIRS, THE URGENT ONES ARE THE ONES THAT ARE UNDERWAY RIGHT NOW.

BUT IN SPEAKING WITH MS. NEAL TODAY, I HAVE CONFIRMED THAT THE ONES WE'RE GONNA SHOW YOU THAT AREN'T COMPLETE YET ARE IN THE PROCESS OF BEING COMPLETED.

AND THERE HAVE BEEN STEPS MADE.

SO THE FIRST ONE HERE, UH, HAS TO DO WITH THE GUARDRAIL TO THE STAIRCASE BETWEEN UNITS THIRTEEN HUNDRED AND THIRTEEN OH ONE.

IF YOU LOOK, UH, THIS PHOTO HERE IS FOR CONTEXTUAL PURPOSES.

SO YOU CAN SEE WHERE THE, UH, GUARD WELL IS.

AND IF YOU LOOK AT THE NEXT PHOTO, YOU CAN SEE THAT THERE'S SOME DAMAGE TO THE BOTTOM OF THE METAL.

UM, BUT AGAIN, NOBODY'S GOING TO BE GETTING HURT.

UH, THIS IS NOT A SAFETY ISSUE.

IT'S A COSMETIC ISSUE.

WHEN YOU LOOK AT THE PANEL, UH, IN THE MIDDLE OF THAT PHOTO, THE REST OF THESE PHOTOS ALL HAVE TO DO WITH HARDWARE, UH, DOORKNOBS.

UM, AND SO IF WE LOOK AT THE NEXT PHOTO, THIS IS FOR CONTEXTUAL PURPOSES.

THERE WAS A COMPLAINT ABOUT THIS DOOR MISSING HARDWARE.

AND IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE WHAT THE TYPE OF HARDWARE IS THAT'S MISSING.

IT'S THIS ELECTRIC, ELECTRONIC, UH, LOCK.

IF YOU GO TO THE NEXT PHOTO, THIS IS ANOTHER DOOR.

UM, BUT THIS DOOR IS OKAY, AND IT'S IN THAT SAME GENERAL AREA.

YOU GO TO THE NEXT PHOTO, YOU CAN SEE THAT THE, IT HAS ALL OF THE HARDWARE AND IT'S, IT'S PROPERLY FUNCTIONING.

IF YOU GO TO THE NEXT PHOTO, THIS IS ANOTHER DOOR, UH, OUTSIDE OF LEVEL TWO, WHERE IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE IT IS MISSING, UH, A PIECE OF THE HARDWARE HERE.

UM, IT'S THE FRONT PART THAT'S MISSING THOUGH.

'CAUSE IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE THE BACK PART OF THE DOORKNOB IS IN FACT THERE IN PLACE.

UM, IF YOU GO TO THE NEXT PHOTO, THIS IS FOR CONTEXTUAL PURPOSES, AND IT HAS TO DO WITH THE EXTERIOR HALLWAY DOOR HAVING DAMAGE AND THE DOOR CLOSER, NOT PROPERLY BEING ATTACHED.

IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE WHERE THAT, UH, HANGING BAR IS, THAT NEEDS TO BE SCREWED ONTO THE WALL.

UM, IF YOU GO TO THE NEXT PHOTO, YOU CAN SEE THAT THAT REPAIR HASN'T BEEN MADE YET BECAUSE THE TOP OF THE, OF THE CEILING RIGHT THERE WAS UNDER REPAIR, UM, PREVIOUSLY.

AND WE NEEDED TO GET ALL OF THE REPAIRS TO THE CEILINGS AND THE WALLS DONE BEFORE WE COULD GO AND FIX THIS, THIS DOOR, UH, HARDWARE PIECE.

UM, IF YOU GO TO THE NEXT PHOTO, MS. PENA? YES, I APOLOGIZE.

UH, ORDINARILY WE ALLOT FIVE MINUTES, UH, PER SIDE.

UH, OBVIOUSLY THIS IS A SUBSTANTIAL, UH, CASE.

AND I WE WANTED TO ENSURE THAT YOUR TIME WAS PROPORTIONATE TO THAT OF THE CITY'S PRESENTATION, BUT I'M ADVISED BY OUR TIMEKEEPER THAT IT'S NOW APPROXIMATING THAT.

SO IS IT POSSIBLE FOR YOU TO WRAP UP IN A SENTENCE OR TWO? WE STILL HAVE, UH, OTHER WITNESSES REGISTERED.

UM, CHAIR TOAD.

I KNOW THAT UNDER RULE 4 0 1, IT ALLOWS THE CHAIR TO EXTEND THE TIME LIMITS IF NECESSARY IN ORDER TO PROVIDE EACH PARTY WITH A FAIR OPPORTUNITY TO PRESENT HIS OR HER CASE.

AND BECAUSE WE'RE AT THE APPEAL STAGE, I WOULD REQUEST ADDITIONAL TIME, UM, TO GET THROUGH THESE PHOTOS.

I PROMISE.

I'M, I'M WRAPPING UP SOON.

UM, BUT I DO THINK THAT THIS IS AN INSTANCE IN WHICH FOR US TO PRESENT A FAIR OPPORTUNITY, UH, BECAUSE PRIOR TO TODAY, YOU HAVEN'T HAD AN OPPORTUNITY TO SEE THE PICTURES OF THE GOOD WORK.

YOU'VE ONLY SEEN THE BAD PICTURES.

UM, I'D REALLY LIKE AN OPPORTUNITY TO GET THAT MORE TIME IF THAT REQUEST COULD PLEASE BE GRANTED.

THANK YOU, MS. PENEY.

I'M GONNA SEEK ADVICE OF COUNSEL.

I I COULD JUST DO THAT FROM THE CHAIR.

THAT'S NOT, UH, I DON'T NEED TO PUT THAT TO THE, TO THE BODY CHAIR.

THAT IS CORRECT.

THAT IS A, UH, AS MS. PENA STATED, THAT IS CORRECT.

AS FAR AS WHAT THE BYLAWS ARE FOR THE CERTAINLY BUILDING AND BUILDING AND STANDARDS COMMISSION.

UM, IT IS ENTIRELY WITHIN YOUR DISCRETION.

FROM OTHER WITNESSES IF YOU'D LIKE, IF YOU'D LIKE THE OPPORTUNITY TO DO THAT.

THANK YOU COUNSEL.

UH, SO, UH, ORDINARILY WE ALLOW, UH, UH, THREE MINUTES TO, TO SUMMARIZE.

UH, WHAT I'LL DO IS I'LL ASK, UH, MR. EVERWINE TO PUT THREE MINUTES ON THE CLOCK IF YOU CAN TRY TO GET IT THROUGH IN THREE MINUTES, BUT THAT WILL NOT WAIVE ADDITIONAL SUMMARY AFTER WE'VE HEARD

[01:40:01]

SO, LET'S GO AHEAD AND PLEASE PROCEED AND, AND TRY TO, TRY TO GET IT IN UNDER THREE MINUTES IF YOU CAN.

CHAIR STOTT.

UM, LET'S FLIP TO THE NEXT PICTURE AND THE NEXT PICTURE AND THE NEXT PICTURE.

UM, WHAT I WANNA SHOW YOU HERE IS THAT THE HARDWARE FOR THE DOORS, FOR THE PIECES THAT YOU HAVE SEEN THAT ARE NOT THERE, HAS ALREADY BEEN ORDERED, AND WE'RE WAITING FOR IT TO ARRIVE SO THAT THE REST OF THE REPAIRS CAN BE MADE.

AND IF YOU FLIP TO THE NEXT PAGE, YOU'LL SEE THAT FOR THAT METAL PIECE THAT WAS CORRODING AT THE BOTTOM, NEAR THE STAIRWELL, WE'VE ALREADY ORDERED THE NEW PART IN ORDER TO REPLACE IT AND HAVE THE WELDER LINED UP TO MAKE THAT REPAIR AS SOON AS THE PART COMES IN.

UM, THE NEXT EXHIBITS I'M GONNA FLY THROUGH QUICKLY AND I JUST WANNA POINT OUT, BECAUSE I KNOW UNDER THE RULES AS PART OF THIS APPEAL, IF THE REPAIRS HAVE NOT BEEN COMPLETED, WE CAN SHOW YOU THAT WE'VE GOT BUILDING PERMITS, CONTRACTS, A SCHEDULE, AND PAYMENTS HAVE BEEN MADE.

IF YOU LOOK AT EXHIBIT SEVEN, EXHIBIT SEVEN IS THE BUILDING PERMIT FOR BUILDING NUMBER TWO, UH, WHILE BUILDING THREE AND FOUR ARE NOT PART OF THIS PROCEEDING.

THE BUILDING PERMITS FOR THREE AND FOUR BUILDINGS.

THREE AND FOUR HAVE ALSO BEEN ISSUED.

UM, IF YOU COULD SKIP FORWARD TO EXHIBIT EIGHT PLEASE.

EXHIBIT EIGHT FOR REFERENCE IS THE SIGNED CONTRACT THAT DEMONSTRATES THAT WE HAVE HIRED A CONTRACTOR TO PERFORM ALL OF THE REPAIRS.

AND THIS CONTRACT COVERS NOT JUST BUILDINGS TWO, BUT BUILDINGS THREE AND FOUR.

IT ALSO OUTLINES THE SCOPE OF WORK AND WHEN OR WHAT ALL WILL BE, UH, PERFORMED AS PART OF THOSE REPAIRS.

IF WE CAN SKIP FORWARD TO EXHIBIT NINE UNDER THE CONTRACT.

UM, FOR THIS, FOR BUILDING TWO REPAIRS, THERE'S BEEN ONE DRAW THAT HAS BEEN REQUIRED TO BE PAID, AND THIS IS PROOF OF PAYMENT OF THE FIRST DRAW.

IF YOU SKIP FORWARD TO EXHIBIT 10, I WANTED TO MAKE Y'ALL AWARE THAT Y'ALL HAVE BEEN PROVIDED THE APPROVED DRAWINGS, UH, THE DESIGNS, THE PLANS, UM, THAT GO ALONG WITH THE WORK.

AND THESE PLANS WERE APPROVED BY THE CITY AS PART OF ISSUING THE PERMIT.

AND THEN IF YOU CAN SKIP FORWARD TO EXHIBIT 10.

OOPS.

YES, EXHIBIT 11.

EXHIBIT 11 IS THE CONSTRUC CONSTRUCTION SCHEDULE.

UM, AND THIS WAS PROVIDED TO US BY OUR CONTRACTOR.

IT DOES SHOW WHEN IT COMES TO, UH, BUILDING TWO, SOME OF THE WORK IS ALREADY UNDERWAY.

UM, BUT WE'VE GOT A PLAN AND WE ARE WORKING HARD TO ACCOMPLISH THAT PLAN.

AND WE BELIEVE UNDER THE RULES, WE'VE MET ALL THE REQUIREMENTS NECESSARY WHEN IT COMES TO APPEALING THE SUSPENSION.

UM, I WOULD ASK THE CHAIR TO ADMIT EXHIBITS ONE THROUGH 11.

PIECEMEALS THE REPAIRS, BUT IT DOESN'T DO THEM IN SUCH A WAY TO WHERE PEOPLE CAN NO LONGER ACCESS THEIR UNITS AND THEY'RE NOT FORCED TO LEAVE.

THANK YOU, MS. PENA.

UM, WITHOUT OBJECTION.

WELL, DOES ANY, UH, DOES ANY MEMBER OBJECT TO ADMITTING EX UH, APPELLANT'S EXHIBITS ONE THROUGH 11? OKAY, THEN, UH, THOSE EXHIBITS ARE ADMITTED AND WHAT I BELIEVE PROBABLY MAKES SENSE TO DO UNDER THE CIRCUMSTANCES, UNLESS SOMEONE STRONGLY ADVISES ME OTHERWISE, IS TO, IS TO HEAR WHETHER THE COMMISSIONERS HAVE ANY QUESTIONS FOR THE CITY OR THE PROPERTY OWNERS REPRESENTATIVES BEFORE MOVING TO THE ADDITIONAL WITNESSES.

UM, SO IS THERE ANY REASON WHY WE SHOULDN'T PROCEED THAT WAY? NO.

CHAIR, YOU CAN PROCEED US.

OKAY, THEN I WILL GO AHEAD AND, AND, AND OPEN IT UP TO MY FELLOW COMMISSIONERS.

DOES ANYONE HAVE QUESTIONS FOR, UH, CITY STAFF OR, UM, PROPERTY OWNERS REPRESENTATIVES? OH, I'M SORRY, COMMISSIONER SECK.

SO YOU MENTIONED THAT YOU DIDN'T WANT TO DISPLACE RESIDENTS BECAUSE THEY WANT TO HAVE THEIR CHILDREN GO TO THE SCHOOLS, BUT I UNDERSTOOD FROM THE INSPECTORS THAT ONLY THOSE UNITS THAT WERE EMPTY WERE THE ONES THAT YOU COULDN'T RENT OUT, BUT OTHER PEOPLE COULD STILL STAY THERE AND THAT YOU DIDN'T HAVE TO KICK EVERYBODY OUT TO BE ABLE TO DO THE REPAIRS AS TO THE SUSPENSION? THAT IS CORRECT.

UM, IF THE SUSPENSION STAYS IN PLACE, IT AFFECTS, UH, LUCERO'S ABILITY TO RENT TO NEW PEOPLE.

UM, WHERE THE DISPLACEMENT COMES IN IS THE METHOD IN WHICH THE REPAIRS WERE MADE.

ORIGINALLY THE PLAN WAS GONNA BE TO WHOLESALE, DO ALL OF THE REPAIRS TO ONE BUILDING AT ONE TIME, WHICH WOULD'VE HAVE INVOLVED RIPPING OUT ALL OF THE FLOOR, RIPPING OUT ALL OF THE CEILING, AND PEOPLE WOULD NOT HAVE BEEN ABLE TO ACCESS THEIR APARTMENT UNITS.

AND IN LISTENING TO SEVERAL OF THE RESIDENTS, THEY DIDN'T LIKE THAT IDEA, WHICH IS WHY LUCERO WENT BACK TO THE DRAWING BOARD TO COME UP WITH A NEW PLAN, WHICH

[01:45:01]

ALRIGHT, THANK YOU, COMMISSIONER.

UH, COMMISSIONER SHUGAR, UM, I WILL SPEAK ENTIRELY FOR MYSELF HERE, BUT, UH, BEFORE WE CONTINUE, I DEFINITELY WOULD LIKE TO JUST MOVE ON TO HERE, THE RESIDENCE, UH, HALF OF THE STORY, WHATEVER THAT MAY BE.

UH, BUT YEAH, I WOULD HAVE NO OTHER QUESTIONS FOR OWNERS OR CITY STAFF AT THIS TIME.

ANY, ANY OTHER, ANY OTHER QUESTIONS FOR ANYONE WE'VE HEARD FROM SO FAR? OKAY, IF NOT, I WILL.

SORRY.

UH, COMMISSIONER FRANCIS.

UH, MR. CHAIRMAN, THANK YOU.

YOU GUYS REVIEWED THE SAME MATERIAL THAT THEY'RE PRESENTING TONIGHT.

YOU'RE, ARE WE IN AGREEMENT THAT THERE'S, THEY'RE MOVING IN THAT DIRECTION? WHAT WE'RE LOOKING FOR IS COMPLIANCE AND IT APPEARS THAT THEY'RE MOVING IN THAT DIRECTION.

IS THAT A FAIR ASSESSMENT? YES, SIR.

THAT IS A FAIR ASSESSMENT.

UH, SO I HAVE A, I HAVE A COUPLE OF OTHER, UH, WITNESSES OF REGISTRATION CARDS, AND I THINK WE HAVE AT LEAST THREE.

IS THERE A, AN APRIL KAVANAUGH.

AND IF YOU WANT TO PROCEED TO THE, I THINK PROBABLY THE BEST WAY TO DO THIS SPACE PERMITTING IS I WAS GONNA SUGGEST CHAIR.

I CAN ALWAYS MOVE CLOSER TO COMMISSIONER CAMPBELL AND PERHAPS OPEN UP THIS TABLE OKAY.

FOR INDIVIDUALS TO SPEAK.

LET, LET'S SEE HOW MANY WE HAVE.

IT.

IT LOOKS LIKE IT MIGHT JUST BE THE THREE, UH, FOR NOW, IF MS. KAVANAUGH, IF, YEAH.

OH, INDIVIDUAL.

SO FORM UP THERE AS WELL.

I DON'T KNOW IF, IS IT BETTER HERE OR THERE? I DON'T KNOW.

YEP.

THEN I GUESS WITH THAT, UH, IF WE'RE GONNA DO IT SORT OF SARA ADOM, THEN I WILL GO AHEAD AND CALL MS. KAVANAUGH.

SHE'S HERE.

OH, C CERTAINLY.

OKAY, SO I, I, YEAH, THE AFFILIATION ON ALL OF THESE APPEARS TO BE BASTA.

AND SO IS THIS MR. CERVANTES? OKAY.

UH, GOOD AFTERNOON, COMMISSIONERS.

SO, UH, WE'LL, UH, WE, WE TYPICALLY TRY TO GIVE YOU AROUND THREE, THREE MINUTES ON THIS.

UH, IF YOU WANNA GO AHEAD AND, UH, INTRODUCE YOURSELF FOR THE RECORD AND, UM, YOU MAY PROCEED.

MY NAME IS JOHN ANTES.

UH, I'M GONNA GO AHEAD AND START NOW, UH, BY SAYING, UH, GOOD EVENING THAT.

MY NAME IS JOHN ANTES.

I'M A TENANT ORGANIZER WITH BASTA, AND I'VE BEEN WORKING WITH LUCERO TENANT ASSOCIATION SINCE MID TO LATE APRIL.

I'M HERE TODAY WITH THE TENANTS FROM LUCERO, WHO STAND BEHIND ME TO TALK ABOUT ITEMS NUMBER SEVEN, UH, FOR LUCERO APARTMENTS LOCATED AT 2301 DIRTWOOD, UH, TENANTS SAW THE CODE LETTER, UH, POSTED AT THE COMPLEX AND WANTED TO SHARE THEIR STORIES WITH THE COMMISSION.

UH, TENANTS SUPPORT HAVING LUCERO'S LICENSE, UH, TO RENT EMPTY UNITS SUSPENDED UNTIL REPAIRS ARE COMPLETE AND CONSTRUCTION IS DONE SAFELY.

UH, TWO WEEKS AGO, I WAS, UH, DOOR KNOCKING WITH TENANTS AND CAME ACROSS AN ELDERLY WOMAN TAKING A BREAK, UH, ON THE BUILDING TO GROUND FLOOR AFTER COMING DOWN THE STAIRS WITH HER WALKER, UH, DUE TO CONSTRUCTION, NONE OF THE ELEVATORS WERE ACCESSIBLE, ACCESSIBLE TO HER ON HER FLOOR AS THE FLOOR WAS WAITING TO BE POURED CONCRETE.

AS A RESULT OF HER GOING DOWN THE STAIRS, HER ANKLES WERE SEVERELY SWOLLEN AND SHE WAS OUTTA BREATH.

SHE SHARED WITH ME THAT SHE DOES DIALYSIS THREE TIMES A WEEK AND HOPES THAT SHE DOES NOT HAVE TO USE THE STAIRS EVERY TIME TO GO DOWN TO HER DIALYSIS APPOINTMENTS.

SHE AND OTHER TENANTS TOLD ME THAT THERE WAS NEVER NOTIFIED OF ANY ELEVATORS WOULD BE INACCESSIBLE DURING CONSTRUCTION.

IT IS UNFAIR AND UNSAFE TO FORCE OTHER LIEUTENANTS OR PEOPLE WITH DISABILITIES TO USE THE STAIRS OR HAVE TO STAY TRAPPED IN THEIR APARTMENTS BECAUSE OF LACK OF PROPER PLANNING OR NOTIFICATION.

I HAVE ALSO WITNESSED UNSAFE CONDITIONS WHILE AT THE PROPERTY, LIKE LIGHT FIXTURES, HANGING LOW FROM, UH, HALLWAY CEILINGS, EXPOSED INSULATION IN HALLWAYS, NAILS AND SCREWS, LITTERING THE FLOORS WHERE TENANTS, UH, FLOORS AND WALKWAYS WHERE TENANTS WALK AND CHILDREN PLAY.

I HAVE ALSO SEEN, UM, TEMPORARY SUPPORT BEAMS THAT SEEM UNSTABLE AND BLOCK WALKWAYS AND OTHER INSTANCES I'VE SEEN THINGS LIKE A BOTTLE JACK BEING USED TO PROP UP A STAIRWAY, WHICH I CAN GO AHEAD AND SHOW YOU GUYS.

THIS IS THE BOTTLE JACK HERE PROPPING UP A STAIRWAY.

UH, FURTHERMORE, WHILE DOOR KNOCKING, WE HAVE LEARNED THAT TENANTS ARE ALSO DEALING WITH, UH, UNRESOLVED REPAIRS INSIDE THEIR, THEIR HOMES.

MANY OF THEM HAVE BEEN DEALING WITH THESE PROBLEMS FOR SO LONG.

THEY HAVE, UH, GIVEN UP ON REPORTING THESE ISSUES TO EUREKA MULTI-FAMILY HOME.

THE TENANTS ASSOCIATION IS WORKING TO CHANGE THESE THINGS AS THEY SUPPORT, UM, IS WORKING TO CHANGE THIS AS THEY SUPPORT CONS, UH, CONSEQUENCES FOR LUCERO, LIKE LOSING THEIR ABILITY TO RENT EMPTY UNITS.

AT BASTA, WE'VE SEEN THAT SUSPENSION IS A GOOD MOTIVATOR TO FIX CONDITIONS.

AS THESE, WE ENCOURAGE THE BSE TO FOLLOW THROUGH.

UNTIL LUCERO HAS ADDRESSED ALL OF THESE ISSUES AND HAS ENSURED THE CONSTRUCTION AND REMODELING ARE DONE SAFELY.

[01:50:01]

LUCERO LUCERO TENANTS DESERVE TO LIVE IN A SAFE HOME AND NOT HAVE THEIR LIVES IMPACTED BY UNSAFE CONSTRUCTION AND UNRESOLVED REPAIRS IN THEIR HOMES.

THEY'RE COUNTING ON YOU TODAY TO ENSURE THAT THIS DOES NOT CONTINUE AND THAT THE OWNERS ARE HELD ACCOUNTABLE.

THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU MR. CERVANTES.

WHO, UH, WHO ELSE WILL BE SPEAKING? MY NAME IS APRIL KAVANAUGH.

I'VE LIVED AT LUCERO SINCE AUGUST OF 2022.

UM, I'M HERE TO SPEAK ON MY EXPERIENCE LIVING AT LUCERO AS WELL AS FOR SOME OF MY NEIGHBORS THAT COULDN'T MAKE IT.

UM, AND LIKE HE MENTIONED, THE CONSTRUCTION ON ALL THE BUILDINGS, UH, UNSAFE AND WE FEEL IT WAS UNFAIR TO START CONSTRUCTION BEFORE PLANNING AND NOTIFYING THE RESIDENTS.

THERE ARE TRIPPING HAZARDS, NAIL SCREWS, WATER DAMAGE, BROKEN BOARDS AND BUILDING SUPPLIES HAVE BEEN LEFT IN FRONT OF MY DOOR PERSONALLY.

AND TO SPEAK ON THE STUFF THAT'S BEEN IN MY OWN HOUSE, UM, SOME OF THE REPAIRS HAVE NOT BEEN REPAIRED SINCE I'VE BEEN THERE.

I'VE MADE COMPLAINTS AND I'VE PUT IN RE WORK ORDERS.

WE GOT NEW MANAGERS THAT, THAT, UM, CA ARE NOT KEEPING UP WITH REQUESTS.

LIKE YOU HAVE TO KEEP PUTTING IN A REQUEST, A NEW MANAGER COMES, YOU PUT IN THE REQUEST, A NEW MANAGER COMES AND I'VE GOT ELECTRIC SWITCHES OUT OUTLETS THAT ARE EXPOSED.

MY WASHING MACHINE DOESN'T WORK.

THERE ARE, UM, THE, THE AC LEAKS WATER IN MY HOUSE.

IT FLOODS.

UM, WE HAVE MAJOR MASSIVE ROACH INFESTATION.

I GO BROKE ON, UM, SPRAYS AND TRYING TO CHEMICALS, TRYING TO CLEAN IT UP AND KEEP, KEEP IT UP.

UM, WE ASKING FOR HELP AND BEING TAKEN SERIOUS ABOUT THIS STUFF.

SOME OF THESE CONDITIONS ARE NASTY, UNLIVABLE, YOU KNOW, YOU CAN CLEAN UP IS, UM, ALL YOU WANT TO, BUT WHEN STUFF IS BROKEN AND STUFF, IT MAKES IT KIND OF HARD TO KEEP UP WITH YOUR HOUSING AND YOUR SITUATION AS FAR AS, UM, YOU KNOW, HOUSEHOLD CHORES AND STUFF LIKE THAT WHEN YOU DON'T HAVE DISHWASHER, UM, YOUR, YOUR GAR ARE BROKEN ISSUES.

TOILET.

SORRY, MS. MS. KAVANAUGH, I APOLOGIZE, BUT YOUR, YOUR MIC, UH, MICROPHONE IS, YEAH.

AND SO THAT'S JUST A LOT OF OUR CONCERNS IS, IS NOT JUST WHAT'S GOING ON IN MY HOME.

IT'S GOING ON IN A LOT OF OTHER PEOPLE HOMES.

I'VE BEEN EXHAUSTED AND DEPRESSED FOR A MINUTE SINCE BEING THERE AND NOTHING IS BEING DONE WHEN I ADDRESS THE ISSUES.

I GET DIFFERENT MANAGERS BEFORE ANYTHING GETS SOLVED.

AND SO WE ARE LOOKING FOR RESULTS AND SOLUTIONS.

ALL RIGHT.

THANK YOU MS. KAVANAUGH.

AND I DO SHOW A THIRD REGISTRATION CARD FOR A NICOLE.

IS THAT OH, OKAY.

VERY, VERY GOOD.

UM, I ONLY HAVE THE THREE CARDS, BUT THERE'S MORE THAN THREE OF YOU WITH, UH, WE'RE JUST GONNA SPEAK JUST THE TWO.

THEY'RE HOLDING PICTURES.

AND THEN JUST VERY, VERY, YEAH, THESE ARE THE THINGS THAT ARE GOING ON.

THIS ONE IS GOING ON OUTSIDE AND UP ABOVE MY DOOR ACTUALLY.

AND THESE ARE THE REPAIRS THAT ARE GOING ON AS WE SPEAK IN FRONT OF EVERYBODY'S HOUSES IN FRONT OF THE DOORS.

MS. KAVANAUGH, I'M SORRY, ARE YOU OBJECTING TO THE GO AHEAD.

I'M SORRY.

MAY I, I I AM OBJECTING, UM, THE, THIS HEARING TODAY IS ABOUT BUILDING ONE AND BUILDING TWO AND I'M NOT SURE WHERE THESE PHOTOS ARE TAKEN OF.

UM, AND SO I FEEL LIKE IT'S OUTSIDE THE CONTEXT OF THE HEARING.

I HAVE SOME I TOOK TODAY.

UM, SPECIFICALLY, UH, THE RULES TALK ABOUT, UM, OTHER PERSONS WHO WISH TO PROVIDE RELEVANT NON CUMULATIVE EYEWITNESS TESTIMONY.

BUT TO THE EXTENT IT'S NOT AN ITEM THAT HAS BEEN NOTED AS A DEFICIENCY, WHICH LED TO THE SUSPENSION, I THINK IT'S OUTSIDE RELEVANCY.

ALRIGHT.

UH, THANK YOU MS. PENA.

UH, I'M GOING TO, UM, CONFER WITH COUNSEL ON THIS.

UH, COUNSEL, DO YOU HAVE A RECOMMENDATION CONCERNING WHETHER THESE EXHIBITS, WHETHER MS. PENA'S OBJECTION GOES TO, FOR EXAMPLE, WEIGHT VERSUS ADMISSIBILITY? SHOULD WE, UH, YOU KNOW, CONSIDER ADMITTING THESE, UH, OR, UH, DO THEY NEED FURTHER AUTHENTICATION? DO YOU HAVE ANY ADVICE ON THAT OR? SO I DO WANT TO CAUTION BECAUSE, YOU KNOW, I, WITHOUT GOING TOO FAR INTO IT, I DO RECOGNIZE THAT THERE WAS ANOTHER BSC CASE THAT INVOLVED OTHER BUILDINGS.

UM, AND THAT OF COURSE IS NOT AT ISSUE TONIGHT.

THE ISSUE TONIGHT IS THE OCTOBER, UH, 2023 MEETING IN WHICH, UH, THE BSC CONSIDERED THE DEFICIENCIES AT BUILDINGS ONE AND TWO.

AND SO, UM, IN THAT LIGHT, THE BSC NEEDS TO BE CAUTIOUS OR THE, THE COMMISSION NEEDS TO BE CAUTIOUS ABOUT CONSIDERING EVIDENCE RELEVANT TO

[01:55:01]

BUILDINGS ONE AND TWO.

AND SO PERHAPS IF WE CAN GET, IF THERE CAN BE MORE TESTIMONY OR, OR ABOUT WHEN THESE PHOTOS WERE TAKEN, KIND OF MORE ABOUT THE, THE ADMISSIBILITY.

SO WHEN THESE PHOTOS WERE TAKEN, WHAT THESE PHOTOS DEMONSTRATE IF THEY'RE RELATED TO BUILDINGS ONE AND TWO, OR IF THEY PERHAPS GO OUTSIDE THE SCOPE OF, OF ONE AND TWO.

UM, MIGHT BE SOME MORE QUESTIONS THAT YOU ALL CAN ASK OF, OF THESE WITNESSES.

UH, COUNSEL, UM, , DO YOU HAVE COPIES OF THE PHOTOGRAPHS WITH YOU FOR, FOR US OR WOULD WE, WOULD WE NEED TO MAKE COPIES OF THEM HERE? NO, UH, I HAVE THESE, UH, PICTURES ON MY PERSONAL ACCOUNT.

SO IF YOU WOULD, LIKE, YOU CAN HAVE THESE, THEY'RE DATED AND THEY HAVE EXACTLY WHAT WE'RE LOOKING AT AND WHAT BUILDING, UM, BY COLOR AND BY BUILDING NUMBER.

OF COURSE.

SO THERE IS, ESSENTIALLY, THERE'S AN OBJECTION PENDING, UH, TO THE EVIDENCE.

AND I UNDERSTAND THAT IF WE HAVE AN AUTHENTICATION ISSUE, UH, OR THAT THE EVIDENCE PERTAINS TO ISSUES THAT AREN'T BEFORE US, THAT AREN'T POSTED FOR ACTION, THAT THEY CANNOT BE CONSIDERED.

AND I WOULD DIRECT MY FELLOW COMMISSIONERS TO THAT EFFECT.

HAVING SAID THAT, THE, THE POSTURE ON APPEAL, I GATHER THIS, THIS IS NOT, AND, AND I INVITE COUNSEL OR ANYONE TO CORRECT ME IF YOU THINK I'M WRONG.

I, I DON'T THINK THAT THIS IS AN APPEAL AS OF RIGHT.

BASICALLY WHAT'S BEING SOUGHT IS FORBEARANCE FROM, FROM THESE, THESE DEFICIENCIES.

AND IT MAY BE RELEVANT TO THE QUESTION OF WHETHER WE SHOULD CONSIDER GRANTING THAT, THAT APPEAL, THE EXTENT TO WHICH THESE WITNESSES ARE PROVIDING US WITH EVIDENCE OF, OF A BAD EXPERIENCE WITH THIS, WITH THIS OWNER.

I'M UNCOMFORTABLE ABOUT THAT FOR THE REASONS ALREADY EXPRESSED.

BUT WHAT I'M GOING TO DO IS, RATHER THAN UNILATERALLY MAKE THAT CALL, I'M ACTUALLY GONNA PUT THIS TO THE WILL OF THE PANEL.

SO I'M ACTUALLY GOING TO DO A, A RECORD VOTE, A ROLL CALL VOTE, UH, ON THE QUESTION OF WHETHER TO ADMIT THESE EXHIBITS.

AND IF, I GUESS IT WOULD'VE TO BE ALL OF US, 'CAUSE IT, WE JUST HAVE A BARE QUORUM.

UM, BUT IF, IF, UH, SORRY, JAMES, YOU DID YOU HAVE A HAND OR, UH, YEAH, I WAS, UM, I DON'T THINK THAT WE, UM, THIS IS PURE OPINION.

I DON'T THINK THAT THAT THE, THAT WE, THE COMMISSION NEEDS TO SEE THESE PHOTOS IN ORDER TO UNDERSTAND, UH, I BELIEVE BY COUNSEL'S, UH, ADMISSION THAT THE REPAIRS ARE NOT COMPLETE.

AND, AND WE'RE, OUR PHOTOS SHOW THAT OUR TESTIMONY SPEAKS TO THAT.

UM, AND I I WOULD SAY, YOU KNOW, WE, WE DON'T REALLY NEED TO SEE THESE PHOTOS.

THEY'RE, YOU KNOW, THEY'RE, UM, WE, WE, WE ABSOLUTELY WANT TO HEAR THEIR TESTIMONY, BUT I DON'T THINK WE NEED TO NECESSARILY ADMIT THEIR PHOTOGRAPHS.

DOES THAT MAKE SENSE? OH, PERFECT.

SO IF I COULD SORT OF RESTATE THAT IN, IN, IN KIND OF LAWYERLY TERMS, IT, IT, I THINK THAT ONE WAY TO RECHARACTERIZE THE CONCERN MR. CANDEL IS EXPRESSING IS THAT IN LIGHT OF THE STIPULATION THAT SOME REPAIRS REMAIN OUTSTANDING, THAT ADMITTING THE EXHIBITS MIGHT HAVE THE EFFECT OF WEAKENING THE CITY'S CASE BECAUSE THEY WOULD HAVE PREJUDICIAL RATHER THAN PROBATIVE VALUE OR PREJUDICIAL EFFECTS POTENTIALLY, THAT IT WOULD OUTWEIGH THE PROBATIVE VALUE.

UM, WITH THAT IN MIND, UM, I'M PERSUADED JAMES, I'M GONNA CHANGE, UH, TO A, UH, I'M GONNA CHANGE THIS BACK TO A, UM, I'M GONNA ADMIT THEM WITHOUT, UH, WELL, , I'M, I WITHOUT OBJECTION.

UH, AND, AND I WILL, IF IF ANYBODY OBJECTS TO THE ADMISSION OF THESE, UH, OF THESE EXHIBITS, THEN I WON'T ADMIT THEM.

I HAVE A QUESTION, COMMISSIONER SULLY.

SO IF WE ACCEPT THESE PHOTOS, DOES THAT GIVE THIS COMPANY THE OPPORTUNITY TO SAY, WELL, THIS WAS NOT A FAIR CASE BECAUSE YOU WERE GIVEN INFORMATION THAT DIDN'T PERTAIN TO ONE AND TWO? RIGHT.

THAT I THINK THAT'S THE RISK.

I THINK THE IDEA IS, YEAH, SO, SO HAVING SAID THAT, I I DON'T THINK WE SHOULD.

IT'S INTERESTING.

AND, BUT SINCE WE CAN'T GUARANTEE THAT THEY'RE IN BUILDINGS ONE AND TWO, I DON'T THINK THAT THEY'RE RELEVANT.

UH, THEN I DON'T THINK IT, I DON'T THINK IT NEEDS TO BE PUT TO A VOTE BECAUSE THERE'S AN OBJECTION AND THERE'S ONLY SIX OF US.

UH, SO, UH, I THINK I'M JUST GONNA LEAVE, UM, LEAVE THESE

[02:00:01]

EXHIBITS.

WE'RE NOT GOING TO ADMIT THEM, AND I'LL RECOMMEND THAT, UH, TO THE EXTENT WE'VE LOOKED AT THEM, WE DON'T TAKE THEM INTO CONSIDERATION IN DECIDING WHETHER TO GRANT THIS APPEAL TONIGHT.

UM, AND SO I GUESS I COULD SAY YOUR OBJECTION IS GRANTED.

UH, MS. PENA, UH, SORRY THAT TOOK A LITTLE BIT LONGER THAN IT PROBABLY SHOULD HAVE.

I DON'T MEAN TO USE UP CLOCK HERE.

UH, IS THERE ANYONE ELSE WISHING TO TESTIFY ON THIS BEFORE WE CLOSE THE EVIDENTIARY PORTION OF THE HEARING? OKAY.

FORGIVE ME.

DID SHE IDENTIFY HERSELF? YEAH.

CAN I HAVE, CAN I ASK YOU TO IDENTIFY YOURSELF FOR THE RECORD AND CONFIRM THAT YOU WERE SWORN ? OKAY.

UNTIL, AND WHEN I TRIED TO GO TO MY HOUSE, I ALMOST STEPPED ON AN ELECTRIC SAW.

'CAUSE WHEN I PUSHED IT OPEN, THERE WAS A SAW JUST RIGHT THERE AND IT'S REALLY UNSAFE.

AND YOU SAW I COULD BARELY WALK.

I HAVE A LOT OF PROBLEMS WITH MY LEGS AND EVERY DAY I HAVE TO FIND A NEW WAY AROUND TO GET TO MY HOUSE, EITHER THROUGH THE FIFTH FLOOR, THE THIRD FLOOR.

'CAUSE IT'S ALL, IT'S ALL MESSED UP.

IT'S JUST LIKE PLANKS AND THERE'S NAILS ALL OVER THE PLACE.

AND THANK YOU FOR, AND THEN SOMETIMES THERE'S NO LIGHT.

I LIKE GO TO WORK AT FIVE IN THE MORNING AND IT'S JUST PITCH DARK IN THE HALLWAY BECAUSE OF THE LIGHT.

I MEAN, THEY'RE FIXING THE LIGHTS AND THEY JUST DON'T PUT ANY LIGHTS.

THANK YOU FOR THAT TESTIMONY.

UH, AND IF, IF SHE NEEDS A REGISTRATION CARD OR ANYTHING, I, I DON'T KNOW.

I DON'T THINK WE HAD ONE, SO I DON'T BELIEVE SO.

SO, UH, DO WE HAVE A MOTION TO CLOSE THE PUBLIC ALL MOTION TO CLOSE THE PUBLIC HEARING.

UH, ON THE MOTION OF COMMISSIONER SHUGART, DO WE HAVE A SECOND? I'LL SECOND.

UH, VICE CHAIR CAMPBELL SECONDS, UH, WITH THAT, UH, OH.

ALL, UH, ALL IN FAVOR SAY AYE.

IT'S PRETTY STRAIGHTFORWARD.

ANY OPPOSED? ALRIGHT.

UH, SO THE PUBLIC, UH, THE PUBLIC HEARING IS, IS CLOSED AND, UH, WE'LL NOW GO TO THE COMMISSION FOR MOTIONS AND DISCUSSION.

COMMISSIONER SHUGAR.

SO I GUESS NO OFFICIAL MOTION RIGHT NOW, BUT TO GIVE THE COMMISSION A IDEA OF WHERE I STAND, UM, THE CITY HAS A VERY CLEAR CRITERIA, I GUESS THE 2 5 2 CRITERIA THAT, YOU KNOW, THIS PROPERTY MEETS.

THEY, UH, HAVE BEEN A REPEAT OFFENDER.

UM, AND JUST FURTHERMORE, SOME OF THE ISSUES THAT THEY SAY THEY HAVE ADDRESSED AND ARE ONLY COSMETIC IN NATURE, LIKE TAPE, FOR EXAMPLE, THAT SECURED DOOR THAT'S BROKEN.

IF I'M PAYING HOWEVER MUCH RENT OUR TENANTS ARE PAYING, I WOULD GENERALLY EXPECT THAT THE AMENITIES SUCH AS A SECURED FACILITY WOULD ACTUALLY WORK AND, UH, YOU KNOW, BE STICK HERE.

SO THERE ARE CERTAIN ASPECTS WHERE THEY, THE PROPERTY OWNERS ARE SAYING IT'S MORE OF A, UH, COSMETIC THING, BUT AN OPEN KIND OF METAL, UH, WITH A BUNCH OF RUST ON IT, NOT ACTUALLY SAFE FOR KIDS TO BE RUNNING AROUND.

SO, UH, YEAH, THAT'S KIND OF WHERE I'M LANDING CHAIR STOA.

THANK YOU, MR. I'M SORRY.

UM, WERE YOU GONNA GIVE US THREE MINUTES TO WRAP UP? AND I WASN'T SURE WHEN THAT WOULD HAPPEN.

THAT'S A FAIR POINT.

WE DISCUSSED THAT, AND I THINK IDEALLY THAT, THAT CHAIR, WOULD THAT SUMMARY IDEALLY HAVE BEEN GIVEN, GIVEN BEFORE A CLOSED PUBLIC TESTIMONY? UH, YEAH.

TECHNICALLY, YES.

THAT, THAT SHOULD HAVE BEEN DONE BEFORE PUBLIC HEARING WAS CLOSED.

UM, DOES IT REQUIRE A MOTION TO REOPEN? I, I WOULD DO A MOTION TO, TO REOPEN, UM, AND I WOULD DO A MOTION TO RESCIND WHAT WAS DONE AND THEN TO, TO OPEN THE PUBLIC HEARING OR TO REOPEN.

UH, SO ON ADVICE OF COUNSEL, JUST TO MAKE SURE WE HAVE AS CLEAN A RECORD AS POSSIBLE, AND, AND AGAIN, I APOLOGIZE FOR THE SLOPPINESS ON THIS TO MY FELLOW COMMISSIONERS, BUT I, UM, UH, THERE ACTUALLY IT WOULD BE A MOTION TO, UH, TO RECONSIDER SINCE TECHNICALLY THE MOTION PASSED AND IT WAS THE FAVOR, I GUESS IT, IT WAS THE ONE THAT WON, SO TO SPEAK, TO RECONSIDER, AND THEN TO REOPEN.

TO RECONSIDER THE CLOSING OF THE, UH, PUBLIC HEARING PORTION OF THIS MEETING.

SO WHAT I'M GONNA DO, UH, MY, MY UNDERSTANDING IS THAT IT'S RARE, BUT NOT, UH, AGAINST OUR RULES FOR THE CHAIR TO MAKE A MOTION.

AND, UH, BECAUSE I BELIEVE THAT I WAS SORT OF STEERING THE PROCEEDINGS IN LY.

I'M GONNA GO AHEAD AND, AND WITH PERMISSION OF THE AUTHOR, I'M GONNA PERSONALLY MOVE, UH, TO, UM, UH, TO RECONSIDER, UH, IN THE FASHION COUNSEL DESCRIBED.

AND I WILL NOT PRESIDE OVER THE VOTE.

IF I COULD ASK VICE CHAIR, UH, CAMPBELL TO, UM, CONDUCT THAT VOTE.

I MEAN, ASSUMING I GET A SECOND, ASSUMING SOMEBODY SECONDS ME.

I'LL SECOND.

YEAH, SURE.

IN THAT CASE, ON CONSIDERATION OF COMMISSIONER OF CHAIR, SO STAT'S, UH, MOTION.

I'LL TAKE A ROLL CALL VOTE ON THE MOTION

[02:05:01]

UM, I WILL CALL A ROLL CALL VOTE.

UH, COMMISSIONER SOCAL.

UH, COMMISSIONER S AYE, UH, COMMISSIONER FRANCIS.

COMMISSIONER SIG AYE.

CHAIR AYE.

AND THE VICE CHAIR VOTES? AYE.

UM, THE MOTION HAS PASSED AND THE MOTION HAS BEEN RECONSIDERED.

AND, UH, I GATHER I, I HAVE THE GAVEL AGAIN.

UH, YOU'RE TWO FOR TWO MS. PEN , PLEASE.

THREE MORE.

WE'LL PUT THREE MINUTES ON THE CLOCK AND WE'LL HEAR YOUR SUMMATION.

AND AGAIN, I, I APOLOGIZE FOR BULLDOZING PAST THAT.

SO THANK YOU CHAIR ST.

OAD.

UM, WE ARE HERE TODAY ASKING YOU TO, UM, RECONSIDER THE STAFF'S RECOMMENDATION AND THE PRIOR ORDER.

UM, SUSPENDING LUCERO'S, UH, ABILITY TO RENT VACANT UNITS UNDER THE BUILDING AND STANDARDS COMMISSIONS, RULES AND REGULATIONS.

IT'S RULE 4 0 6 B.

IT TALKS ABOUT THE BURDEN OF PROOF THAT THE OWNER NEEDS TO PRESENT TO YOU ALL.

AND WE MET THAT BURDEN TODAY UNDER RULE 4 0 6 B.

IF THE WORK STILL NEEDS TO BE COMPLETED.

THEY ASK FOR, UH, SEALED ARCHITECT DRAWINGS, A FORMAL BREAKDOWN OF COST, PROOF OF A FUNDING SOURCE, AND AN ESTABLISHED TIMEFRAME BY WHICH ALL THE WORK WILL BE COMPLETED.

TO THE EXTENT THAT THE VIOLATIONS THAT TRIGGERED THE NOTICE OF SUSPENSION HAVE BEEN CORRECTED, THEN WE SHOULD PROVIDE EVIDENCE OF THE CORRECTED VIOLATIONS, THE AMOUNT OF THE WORK COMPLETED.

AND SITTING HERE TODAY.

UM, WE'VE MET THAT BURDEN.

WE UNDERSTAND, AND WE ARE LISTENING TO THE RESIDENTS THAT THIS IS NOT A PERFECT PROPERTY.

IT IS STILL UNDER REPAIR.

UM, BUT WE WOULD LIKE THE OPPORTUNITY TO CONTINUE TO MAKE THOSE REPAIRS, UM, TO LISTEN TO THE VAST MAJORITY OF THE RESIDENTS WHO DO NOT WANNA BE DISPLACED WHILE THE REPAIR PROCESS IS ONGOING.

UM, WITH THAT, I APPRECIATE YOUR TIME AND I APPRECIATE YOU LISTENING TO US AND LOOKING AT THE VOLUMINOUS PHOTOS THAT WE'VE MET THAT WE'VE PROVIDED.

UM, AND I DID WANNA NOTE ON THE COSMETIC ISSUES, THE DOORS THAT WE SHOWED Y'ALL WERE NOT EXTERNAL DOORS.

THEY WERE INSIDE THE APARTMENT, AND SO THEY'RE NOT SECURE DOORS, SO TO SPEAK.

UM, BUT WE DO HOPE YOU TAKE ALL OF OUR EVIDENCE INTO CONSIDERATION AND GRANT OUR APPEAL.

THANK YOU, MS. PENA.

UH, COMMISSIONERS, DO WE HAVE A MOTION TO, UH, TO DO IT AGAIN TO, UH, MR. CHAIR? SORRY.

UM, MR. I BELIEVE WE, I BELIEVE WE ARE, WE'RE AFFORDED THE SAME, UH, SUBMISSION.

ARE WE NOT CERTAINLY.

UH, UM, SO WOULD YOU, UH, WOULD THE CODE OFFICIALS CARE TO, UH, TAKE ANOTHER THREE MINUTES? YES, WE CERTAINLY WOULD BECAUSE, UM, THANK YOU COMMISSION, APPRECIATE THAT.

OUR CONCERN IS THAT THE PHOTOGRAPHS THAT WERE PRESENTED BY COUNSEL AND THEIR DEFENSE WERE NOT FULLY TRUE AND CORRECT.

WITH REGARDS TO BUILDING TWO, AS YOU ONLY JUST MENTIONED A FEW MINUTES HERE, I UNDERSTAND THE FACT THAT THEY'RE MAKING SUBSEQUENT EFFORTS AS FAR AS REPAIRS ARE CONCERNED, BUT OUR BIGGEST CONCERN IS WHY, LIKE SHE MENTIONED, SHE'S GOING OUT, SHE'S HAVING A CROSSOVER, ELECTRIC SAWS, THEY'RE NOT LIGHTS AND EVERYTHING THAT ARE PRESENT, AND SHE'S HAVING TO DETOUR AROUND TO GET TO CERTAIN PLACES JUST TO GET BACK TO HER HOME AND ALSO TO GO OUT TO WORK.

SO WHY ISN'T THERE A CONSIDERATION FOR THOSE FOLKS IN BUILDING TWO IF THERE'S OPEN SPACE TO POSSIBLY MOVE THEM TO OTHER UNITS THAT ARE OPEN AND VACANT? THE PRIME REASON FOR WHAT WE'RE DOING HERE IS ABOUT THEIR SAFETY.

I VISITED A LOCATION ON SEVERAL OCCASIONS, SO AS DISTRICT MAN, DIVISION MANAGER, NORIEGA, ALONG WITH THE ASSISTANT DIRECTOR WORD, AND WE'VE SEEN THE CONDITIONS THERE.

I UNDERSTAND THAT CONSTRUCTION HAS TO TAKE PLACE, BUT AT THE SAME TIME, THE PHOTOGRAPHS THAT WERE PRE PRESENTED TO YOU GUYS AS DIFFERENT EXHIBITS SHOW THAT THOSE VITAL REPAIRS HAVE HAVEN'T BEEN COMPLETED AND DONE.

NOW, I'VE NOTICED THAT THEY PRESENT A LOT OF COSMETIC PHOTOGRAPHS THAT SHOW DIFFERENT THINGS BEING COMPLETED, BUT SAFETY CONCERNING PRIME ISSUES WITH REGARDS TO WALKWAYS, CANOPIES THAT ARE OPEN, YOU'VE GOT A LOT OF OTHER DIFFERENT CONSTRUCTION MATERIALS JUST TO, JUST LAYING AROUND.

AND THAT, THAT SHOULD BE A BIG CONCERN, ESPECIALLY WITH KIDS BEING OUT FOR THE SUMMER.

YOU KNOW, THEY, THEY'RE HAVING TO TRAVERSE THROUGH ALL THESE DIFFERENT ARTICLES AND ITEMS WHEN THEY'RE TRYING TO DO DIFFERENT THINGS, BASICALLY JUST FOR EVERYDAY LIVING.

AND THAT, THAT DOESN'T SEEM FAIR AT ALL.

AND, AND FORGIVE ME, I THINK I HAD YOUR TITLE IS, IS IT INVESTIGATOR ADAMS OR SUPERVISOR? SUPERVISOR.

QUESTIONS? NO, I JUST WANTED TO CONFIRM SOMETHING BECAUSE THERE'S BEEN A DISCUSSION ABOUT THE DELAY ON REPAIRS FOR BUILDING TWO.

SORRY ABOUT THAT.

UH, THANK YOU SUPERVISOR.

UH, AND NOW BACK TO MY FELLOW COMMISSIONER CHAIR, TOAD.

I'M SORRY.

UM, IS IT POSSIBLE FOR ME TO ASK A QUESTION TO THE CITY STAFF? I THINK IDEALLY THAT SHOULD HAVE BEEN DONE EARLIER, BUT I ALSO THINK I POSSIBLY DIDN'T SIGNPOST THAT WELL ENOUGH.

UH, DO YOU HAVE, DO YOU HAVE LENGTHY QUESTIONS? DO YOU HAVE NO, A

[02:10:01]

AND FROM OUR POINT OF VIEW, THAT DELAY WAS PARTLY CAUSED BY THE CITY'S PERMITTING DIVISION AND THE FACT THAT WE PAID FOR THE EXPEDITED FEE AND OUR PERMIT WASN'T IN FACT EXPEDITED.

UM, I PARTICIPATED IN A CALL WITH MR. ADAMS AND MR. NORIEGA, AND WE TALKED ABOUT THE FACT THAT OUR PERMIT FOR BUILDING TWO WAS BEING HELD UP BY THE CITY.

AND I WAS JUST WONDERING IF MR. ADAMS COULD CONFIRM THE CONVERSATION THAT WE PREVIOUSLY HAD ABOUT THE, THE DELAYS WE WERE EXPERIENCING IN GETTING THE PERMIT FOR BUILDING TWO IN ORDER TO PROGRESS THOSE REPAIRS.

I CAN DEFINITELY ADDRESS THAT, UH, THAT CONCERN COUNSEL, BUT THE PRIME, PRIME ISSUE IS, OF COURSE, WHEN PERMITS ARE APPLIED AND PULLED FOR.

THE MAIN THING IS ONCE THE WORK IS DONE IN A TIME, THE MANNER THOSE PERMITS HAVE TO BE FINALIZED FOR THAT WORK TO BE SUBSTANTIATED.

AND I CAN YIELD MY TIME TO DIVISION DIVISION MANAGER.

NORIEGA, IF YOU'D LIKE TO ADD ANYMORE, SIR.

GOOD, GOOD.

A GOOD EVENING.

MATTHEW NORIEGA, DIVISION MANAGER FOR REPEAT OFFENDER PROGRAM.

I, I JUST WANTED TO EMPHASIZE THAT WE DID HAVE A CONVERSATION WE MET AND, UH, WE EXPLAINED TO, TO COUNSEL THAT PERMITS NEED TO BE FINALED FOR THIS PROPERTY.

UH, REPAIRS HAVE BEEN COMPLETED, EVERYTHING HAS BEEN COMPLETED, BUT THE, THE FINAL PERMITS NEED TO BE FINAL.

THAT THAT HAS TO BE PER PERMIT, UH, FINALED OUT.

SO, UH, WE CANNOT CLOSE THIS VIOLATION UNTIL THOSE PERMITS ARE FINAL BUILDING ONE.

FANTASTIC.

IT LOOKS THE WAY THAT THEY'RE MAKING THE REPAIRS, BUT IT HAS NOT BEEN FINAL.

SO WE'RE NOT GONNA CLOSE THIS VIOLATION UNTIL THAT PERMIT IS FINAL.

DIVISION MANAGER.

THANK YOU, SUPERVISOR.

UH, UH, ONE LAST BEFORE WE ENTERTAIN A MOTION TO CLOSE.

DOES ANYBODY HAVE QUESTIONS FOR MS. PENA? FOR THE CITY? OKAY.

WOULD ANYBODY LIKE TO MOVE TO CLOSE? I MOVE.

I MOVE TO CLOSE.

UH, COMMISSIONER SELIG MOVES TO CLOSE THE PUBLIC HEARING.

UH, DOES ANYBODY SECOND? SECOND, UH, UH, COMMISSIONER FRANCIS SECONDS.

UH, ALL IN FAVOR SAY AYE.

ALL OPPOSED? OKAY.

THE PUBLIC PORTION OF THE HEARING IS NOW CLOSED.

UH, JUST VERY BRIEFLY, I WANNA SAY THANK YOU TO MY FELLOW COMMISSIONERS FOR YOUR PATIENCE THIS EVENING.

I THINK, UH, WITH, UH, A CASE THIS SIZE, IT'S IMPORTANT THAT WE WE DO IT RIGHT.

UH, AND SO, UH, UM, THANK YOU FOR YOUR PATIENCE AND FOR, FOR AFFORDING THIS, THIS AMOUNT OF TIME TO THE DISCUSSION.

UH, DOES ANYBODY, UH, DOES ANYBODY HAVE A MOTION, UH, MR. OR COMMISSIONER SHUGART? HAVE YOU BEEN INFLUENCED BY ANYTHING YOU'VE HEARD SINCE WHEN WE CLOSED PREVIOUSLY? UH, OR, YOU KNOW, NOT PARTICULARLY.

I STILL THINK REGARDLESS, IT DOES LOOK LIKE BUILDING ONE DOES LOOK LIKE BETTER, BUT BUILDING TWO, WE'VE SEEN THE MOST RECENT PHOTOS FROM STAFF SHOWING THAT THERE'S STILL SOME VERY SUBSTANTIAL ISSUES WITH IT.

I MEAN, THIS FIFTH FLOOR, UH, WALKWAY IS VERY OUT OF LEVEL AND, YOU KNOW, I DON'T KNOW MUCH ABOUT MY OWN HOUSE, BUT IT'S KIND OF OUT OF LEVEL ON ITS OWN RIGHT.

AND IT'S, YOU KNOW, IN NEED OF REPAIR OF SOME DEGREE.

THANK YOU, COMMISSIONER, VICE CHAIR.

I BELIEVE YOU HAD YOUR HAND UP.

SO FIRST OF ALL, I'D LIKE TO SAY, UH, THANK YOU TO THE MEMBERS OF THE TENANTS ASSOCIATION AND THE RESIDENTS, UM, WHO CAME HERE TO SPEAK WITH US.

I KNOW THAT'S, UH, NOT ALWAYS THE CASE WITH THESE KINDS OF PROPERTIES.

UM, AND, AND JUST THE AMOUNT OF INVOLVEMENT FROM EVERYONE INVOLVED, UH, WITH, WITH, WITH THIS CASE.

I FEEL REALLY FRUSTRATED HERE BECAUSE, YOU KNOW, WE'VE HAD THIS PARTICULAR, UH, SET OF BUILDINGS IN HERE TWICE NOW OVER THE PAST YEAR, UM, JUST IN MY TIME ON THIS COMMISSION.

AND I THINK WE'VE GOTTEN A DIFFERENT IMPRESSION EACH TIME OF THE MANAGEMENT.

UM, THE FIRST TIME I THINK THAT MOST OF US THOUGHT THAT THEY SEEMED VERY RESPONSIBLE AND LIKE THEY HAD A PLAN, AND THEN THE SECOND TIME THEY WEREN'T ACTUALLY PRESENT.

UM, YOU KNOW, IN REGARDS TO SOME OF THE CLAIMS THAT THEY'RE MAKING SPECIFICALLY ABOUT VICE CHAIR, I, I APOLOGIZE, BUT I'M COUNSEL IS MY APOLOGIES.

UM, BUT JUST AS A REMINDER, WE, WE HAVE TO FOCUS, OR THE COMMISSION NEEDS TO FOCUS JUST ON THE OCTOBER, 2023.

CASE THAT IT SEEMS LIKE THE SIMPLEST WAY FOR THE REGISTRATION SUSPENSION TO BE LIFTED WOULD BE FOR ALL OF THE ISSUES TO BE RESOLVED AND TO GO THROUGH THE CODE DEPARTMENT.

AND, AND SO I JUST WANNA MAKE SURE THAT THE DISCUSSION IS FOCUSED TO THAT AND NOT NECESSARILY WHAT MAY HAVE OCCURRED AT ANY SUBSEQUENT HEARINGS, UM, JUST BECAUSE OF, OF THE SCOPE OF WHAT THIS APPEAL IS LIMITED TO.

SO, JUST AS A REMINDER, THANK YOU, JUDGE.

THANK YOU, COUNSEL, PLEASE PROCEED.

FACE THAT.

UM, JUST IN REGARDS TO SOME OF THE THINGS THAT HAPPENED IN THAT OCTOBER MEETING, UM, YOU KNOW, SEVERAL OF THE CLAIMS, UH, THAT THE MANAGEMENT HAS NOW MADE ABOUT NOT KNOWING ABOUT, UH, THE DEFICIENCIES IN BUILDING TWO OR THE NEED FOR PERMITS.

UM, I MEAN, THAT SPECIFIC HEARING WAS ABOUT BOTH OF THOSE BUILDINGS AND HAD, UH, DIFFERENT EVIDENCE PRESENTED FOR EACH AND DIFFERENT DEFICIENCIES.

UM, IT JUST SEEMS ODD TO ME IN THIS

[02:15:01]

UM, GOING THROUGH AN APPEAL LIKE THIS DOESN'T SEEM TO BE THE TRUE, LIKE THE TYPICAL WAY THAT THIS IS REMOVED, AND I JUST DON'T KNOW WHY IN LIGHT OF THAT, WE WOULD WANT TO REMOVE THAT SUSPENSION FROM OUR END, UM, AS OPPOSED TO WAITING UNTIL THE CODE ENFORCEMENT DEPARTMENT ACTUALLY DETERMINES THAT IT HAS BEEN FULLY RESOLVED.

UM, AND, AND, AND I DON'T KNOW WHY WE WOULD WANT TO JUST TAKE THE PICTURES THAT THEY'VE GIVEN US AT FACE VALUE THAT ALL OF THE ISSUES HAVE BEEN PROPERLY RESOLVED, UM, AS OPPOSED TO WAITING FOR THAT PROCESS TO GO THROUGH.

VICE CHAIR.

ANY OTHER COMMISSIONERS? YES.

UH, SORRY COMMISSIONER.

SO WHAT I UNDERSTAND FROM THE SUPERVISOR IS THAT THIS IS STILL OPEN UNTIL THE PERMIT IS CLOSED.

AND SO THAT'S NOT RESOLVED.

BUILDING ONE AND BUILDING TWO ARE STILL OUT OF COMPLIANCE.

AND THAT'S, I MEAN, IF YOU STRIP EVERYTHING ELSE AWAY THAT WE DON'T HAVE MUCH CHOICE IN THIS, BUT TO ACCEPT THE STAFF'S RECOMMENDATION.

ALRIGHT, THANK YOU.

IS THAT A, UH, MOTION? I, THAT'S MY OBSERVATION.

THAT'S MY OBSERVATION RIGHT NOW, BUT I'M PREPARED TO MAKE A MOTION.

UH, LET'S SEE IF, UH, COMMISSIONER FRANCIS.

NO, NO.

VICE, VICE CHAIR.

OH, I WAS GONNA MAKE THE MOTION.

GO AHEAD.

I WILL, UH, MOTION THAT THE COMMISSIONER ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND UPHOLD STAFF'S DECISION TO SUSPEND THE RENTAL REGISTRATION FOR THIS WE P DEFENDER PROGRAM PROPERTY.

SO, IS ANYBODY HERE TO SECOND? I'LL SECOND IT.

IS THERE FURTHER DISCUSSION ON THE MOTION? THEN? I WILL CALL THE QUESTION.

UM, SO, UH, THIS IS GONNA BE A RECORD VOTE.

UH, ROLL CALL VOTE COMMISSIONER.

UH, WELL, LET ME RESTATE IT.

UH, SO THIS IS A QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER SEK TO ADOPT STAFF'S, UH, RECOMMENDATION AND DENY THE APPEAL.

UH, THOSE IN FAVOR WILL SAY, AYE.

COMMISSIONER SOCAL.

I BELIEVE MS. COMMISSIONER SOCAL VOTES.

COMMISSIONER SHUGART? AYE.

COMMISSIONER FRANCIS.

COMMISSIONER SIG.

COMMISSIONER SIG VOTES.

VICE CHAIR CAMPBELL AYE.

VICE CHAIR CAMPBELL VOTES AYE.

CHAIR VOTES? AYE.

UH, THERE BEING SIX A'S AND NO NAYS.

THE MOTION IS ADOPTED.

UH, THE, UM, THERE WON'T BE ANYTHING MAILED OUT FOR THIS, IS THAT CORRECT, COUNSEL? BECAUSE IT'S, IT'S AN APPEAL.

THERE'S NOT GONNA BE AN ORDER MAIL.

THERE'S, THAT'S A, SORRY.

I CAN, OH, SORRY.

SORRY.

I APOLOGIZE.

UH, BACK ME UP ON THIS, BUT, UM, YES, UH, WE WILL, WE WILL, UH, WE WILL MAIL A DENIAL, UM, OF THE APPEAL.

UM, MS. PENNY, DO YOU HAVE ANY QUESTIONS OR ANYTHING? DO YOU UNDERSTAND THE RULING? YES, WE UNDERSTAND THE RULING AND NO QUESTIONS, BUT WE THANK YOU FOR YOUR TIME.

ALRIGHT, THANK YOU.

LIKEWISE.

UH, AND, UH, I, WITH THAT, UH, WE CAN MOVE ON TO, UH,

[8. Case Number: CL 2023-069307, CL 2023-069310, CL 2023-069312, CL 2023-069318 and CL 2023-069320]

ITEM NUMBER EIGHT.

THANK YOU, MR. CHAIR.

UM, I JUST WANNA REMIND THE COMMISSION THAT, UH, WE HAVE TWO MORE, UH, CASES TO HEAR AND, UM, AND, UH, TWO ITEMS TO DISCUSS.

SO, UH, UNDERSTOOD, WE'RE GONNA, WE'RE GONNA TRY AND RUN THROUGH ALL THESE BEFORE, UH, TIME IS UP.

UNDERSTOOD JOB.

THE NEXT ITEM, THE ITEM ON THE AGENDA IS ITEM NUMBER EIGHT, A REPEAT OFFENDER PROGRAM, MULTIFAMILY PROPERTY LOCATED AT 1 1 3 7 GUNTER STREET.

FIVE ORDERS WERE ISSUED BY THE COMMISSION FOR THIS PROPERTY IN JULY OF 2023.

THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE FIVE ORDERS AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE OF, OF THE ACCRUED PENALTIES.

THE CASE NUMBERS ARE CL 20 23 0 6 9 3 7 CL 20 23 6 9 3 CL 20 23 6 9 3 2 CL 20 23 6 9 3 8, AND CL 2 23 6 9 3 2.

THE NEW AND PREVIOUSLY ADMITTED, EXCUSE ME, PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE RED ORANGE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.

[02:20:01]

HERE'S SOME FACTS.

THESE CASES ARE ABOUT A MULTI-FAMILY PROPERTY CONSISTING OF APPROXIMATELY 16 STRUCTURES.

FIVE ORDERS WERE ISSUED FOR THESE CASES FOR REPAIR WITHIN 90 DAYS, WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 91ST DAY IF COMPLIANCE WAS, HAS, WAS NOT ACHIEVED.

THE TOTAL PENALTIES FOR TODAY'S OF THE, EXCUSE ME, THE TOTAL PENALTIES ACCRUED AS OF TODAY'S DATE ARE $13,823 56 CENTS IN THE FIRST CASE, $11,813 AND 70 CENTS IN THE SECOND AND THIRD CASE.

SO THAT'S TIMES TWO, $12,823 AND 56 CENTS ACCRUED IN THE FOURTH AND FIFTH, FIFTH CASE.

SO THAT'S AGAIN, TIMES TWO FOR A TOTAL OF $62,098 AND 8 CENTS.

IN YOUR, IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO A THROUGH, UM, ONE, TWO, AND THREE A THROUGH THREE, E FOUR FIVE A THROUGH FIVE, F SIX, SEVEN A THROUGH SEVEN E, C EIGHT, AND NINE A THROUGH NINE G 10, AND NINE 11 A THROUGH 11 D AS WELL AS EXHIBIT 12, WHICH CONSISTS OF UPDATED COMPLAINT AND CASE HISTORIES.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD.

IT VERIFIES OWNERSHIP NOTICES FOR TONIGHT'S HEARING, PROOFS AND MAILING AND POSTINGS, COPIES OF THE RECORDED ORDERS, UH, ISSUED JULY 26TH, 2023 AND CORRESPONDING, UH, PENALTY STATEMENTS AND EXHIBIT 13, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION CODE INSPECTOR KEVIN BARRY IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE.

AND WE'LL PRESENT SOME COMPLIANCE PHOTOS.

INSPECTOR BERRY BARRY, PLEASE BEGIN YOUR TESTIMONY.

MY NAME IS KEVIN BERRY AND I'M THE CODE OFFICER CURRENTLY ASSIGNED TO THESE CASES, AND I HAVE HIM SWORN IN.

THE PROPERTY THAT I'M BRINGING BEFORE YOU IS 1137 GUNTER, WHICH HAS BEEN ON THE REPEAT OFFENDER PROGRAM SINCE SEPTEMBER OF 2022.

THE OWNER OF THE PROPERTY IS MASON MANOR APARTMENTS, LLC.

THE OWNER'S REQUESTING THIS CASE BE BROUGHT BACK TO THE COMMISSION TO CONSIDER AMENDING THE ORDER REGARDING THE CURRENT PENALTIES.

I'M HERE TO DISCUSS THE CORRECTED VIOLATIONS AND THE TIMELINE THAT THEY CAME INTO COMPLIANCE.

THERE ARE CURRENTLY NO VIOLATION CASES ON THE PROPERTY.

THE ORIGINAL CASES WERE OPEN ON THE FIVE BUILDINGS ON SEPTEMBER 21ST, 2022.

THIS COMMISSION ISSUED ORDERS ON FIVE CASES ON JULY 26TH, 2023.

THE OWNER HAD 90 DAYS TO COME INTO COMPLIANCE BUILDINGS.

14 AND 15 CAME INTO COMPLIANCE ON JANUARY 19TH, 2024.

BUILDINGS NINE 16 AND 17 CAME INTO COMPLIANCE ON JANUARY 26TH, 2024.

I WILL NOW GO OVER BEFORE AND AFTER PICTURES OF SOME OF THE VIOLATIONS.

I'M ONLY SHOWING STAIRS ON ONE BUILDING WITH A STATEMENT THAT ALL THE STAIRS HAVE BEEN REPAIRED IN THE SAME MANNER.

FIRST PHOTO, THIS CONTEXTUAL PHOTO SHOWING THE SIGN FOR THE APARTMENT COMPLEX.

THIS IS A CONTEXTUAL PHOTO SHOWING THAT WE'LL BE DEALING WITH BUILDING 14.

THIS IS A BEFORE PHOTO OF ONE OF THE SETS OF STAIRS ON THAT BUILDING.

THIS IS THE AFTER PHOTO OF THE BUILDING OF THE STAIRWAY BEING REPAIRED.

THIS IS A BEFORE PHOTO OF THE SECOND SET OF STAIRS BEFORE THEY WERE REPAIRED.

AND THIS IS A PICTURE OF THE STAIRWAY AFTER IT HAS BEEN REPAIRED.

THIS IS A PHOTO SHOWING THE AC NOT BEING PROPERLY INSTALLED ON THE OFFICE.

THIS IS A AFTER PHOTO OF THE AC UNIT AFTER IT WAS PROPERLY INSTALLED.

THIS IS A PHOTO SHOWING THE OUTSIDE WATER HEATER CLOSET HAVING A ROTTEN SIDING AND DOOR.

AND THIS IS THE AFTER PHOTO OF THE SAME WATER HEATER CLOSET AFTER IT WAS REPAIRED.

AND THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE TO ANSWER ANY QUESTIONS.

AND 56 CENTS ASSESSED FROM THE ORDERS ISSUED JULY, 2026.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT 12, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS IN EXHIBIT 13, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.

STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER.

THE FOLLOWING AFFIRM THE, THE FIVE CIVIL PENALTIES OF $12,823 56 CENTS, $11,813 70 CENTS, $11,813 70 CENTS, $12,823 56 CENTS AND $12,823

[02:25:01]

2023 RECORDED AS TRV 20 23 0 8 9 1 1 6 T RV 20 23 0 8 9 1 1 7 T RV 20 23 8 9 8 20 T RV 20 23 8 9 1 1 9 AND TRV 20 23 0 8 9 1 2 1 FOR A COMBINED TOTAL OF $62,098 AND 8 CENTS.

OR IN THE ALTERNATIVE, IF THE COMBINED TOTAL CIVIL PENALTY AMOUNT OF $60,098 AND 8 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE, UH, AMENDED MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTIES IN FULL AT THE REDUCED AMOUNT.

AND ON NUMBER THREE, ON THE 31ST DAY FROM THE DATE OF THE, THE DATE THE MODIFIED AMENDED ORDER IS MAILED.

IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE CIVIL PENALTIES PREVIOUSLY ASSESSED IN EACH OF THE FIVE ORDERS, UM, AT THE TOTAL OF $62,098 AND 8 CENTS PLUS INTEREST, RESPECTIVELY INTEREST SHALL ACCRUE, SHALL CONTINUE TO 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.

ALRIGHT, THANK YOU MR. CANEZ.

UH, WITHOUT OBJECTION, UH, WILL ADMIT EXHIBITS 12 AND 13.

HEARING NONE, THE EXHIBITS ARE ADMITTED AND, UH, WE HAVE, BEAR WITH ME.

I APOLOGIZE.

THIS SPAR, MR. IS IT MR. SPAR? OKAY.

UH, IS THERE ANYONE ELSE, UH, REGISTERED TO TESTIFY ON BEHALF OF THE, OKAY.

UM, YOU MAY PROCEED.

YOU HAVE, UH, FIVE MINUTES.

GOOD EVENING.

UM, THANK YOU VERY MUCH, UH, COMMISSIONERS AND THE COURT OF COMPLIANCE INSPECTORS FOR ALLOWING THE OPPORTUNITY TO, FOR US TO APPLY FOR PENALTY RELIEF THIS EVENING.

UM, MANAGEMENT AND LUPINE TERRACE WORKED CONTINUALLY ON THESE VIOLATIONS FROM THE BEGINNING, BEGINNING OF 2023 UNTIL THE PERMIT WAS SIGNED OFF ON IN JANUARY OF 2024.

THIS CODE VIOLATION WAS SOMEWHAT MORE COMPLICATED THAN WE OR ANY OF OUR VENDORS AND SUBCONTRACTORS.

ANTICIPATED MANAGEMENT AT THE PROPERTY WORKED DILIGENTLY ON ALL OF THE CODE VIOLATIONS THAT WERE REPORTED.

WHILE WE WERE MAKING SURE THAT THE VIOLATION FOR THE STAIRS WAS HANDLED SAFELY AND PROPERLY, I KNOW THAT THE VIOLATION WAS ORIGINALLY ISSUED BACK IN 2022.

HOWEVER, WE ONLY FOUND OUT ABOUT IT WHEN THE ONSITE MANAGER WAS REPLACED AND MY PRE PREDECESSOR BENZEL NOTES MET WITH INSPECTOR BERRY.

DID WE LEARN ABOUT MANY OF THESE OPEN VIOLATIONS? ALL VIOLATIONS OTHER THAN THE STAIRS WERE IMMEDIATELY ADDRESSED AND CLEARED.

HOWEVER, THE STAIRS REQUIRED A LOT OF WORK WITH FINDING THE CONTRACTORS, GETTING THE PLANS PREPARED BY THE ARCHITECTS, AND GOING THROUGH THE STEPS TO OBTAIN THE PERMITS.

WE OBTAINED BIDS AND ENGINEERING STARTING BACK IN FEBRUARY, MARCH OF 2023, AND HAD THE ENGINEERING FINALIZED IN MAY.

UNFORTUNATELY, WE RAN INTO MULTIPLE ISSUES IN GETTING SOME OF THE PERMITS IMPROVED.

INITIALLY, WE HAD TO DESIGN THE STAIRS FOR CERTAIN A DA REQUIREMENTS AS WELL AS ON SOME DECKS.

AND AS A RESULT, THE REDESIGN MADE THE BALCONY LARGER AND POTENTIALLY IMPACTED TREES, WHICH PROMPTED THE PERMITT DEPARTMENT IN JULY TO REQUIRE A NEW REVIEW AND CONFIRMATION FROM AN ARBORIST THAT NO TREES OR ROOTS WOULD BE DISTURBED DUE TO THE NEW FOOTING, LOCATIONS AND PROXIMITY TO THE TREE, ULTIMATELY REALIZED REPLACEMENT OF ALL THE STAIRS WERE CHALLENGING.

SO WE BROUGHT IN A LICENSED STRUCTURAL ENGINEER AND WORKED WITH HIM TO REPAIR APPROXIMATELY 40 OF THE REMAINING STAIRCASES AND REVISED THE COURSE OF ACTION.

WE ACCORDINGLY CHANGED AND RESUBMITTED THE PERMIT WITH THE FINAL REPAIR CHANGES ON THE FIRST SET OF STAIRS.

WE APPLIED FOR AS SOON AS THE PERMITS WERE APPROVED, WE GOT TO WORK ON THE REPAIRS.

THE FIRST SET OF PERMITS FOR STAIRS WITHOUT THE TREE ISSUE WAS SUBMITTED IN JULY AND APPROVED IN AUGUST.

AND THE BALANCE OF THE PERMITS IN SEPTEMBER.

THE WORK TOOK TIME AS THE FOOTINGS REQUIRED ADDITIONAL INSPECTIONS BEFORE INSTALL INSTALLATION OF THE NEW METAL POSTS.

THIS INCLUDED PRE-CONSTRUCTION INSPECTIONS AS WELL.

BY THE END OF NOVEMBER, ALL REPAIRS ON BUILDINGS NINE, 16 AND 17 WERE COMPLETED AND SIGNED OFF ON BY THE ENGINEER.

WE SUBMITTED THE DOCUMENTS TO CODE AS WELL AS TO THE BUILDING DEPARTMENT AND SCHEDULED THE PROPER INSPECTIONS FOR THE REPAIRS AND COMPLETED THE REPLACEMENT ON BUILDING 14.

THE FINAL STAIRCASE REPLACEMENT ON BUILDING 15 WAS STILL IN PROGRESS, BUT WAS COMPLETED IN DECEMBER.

MANAGEMENT WAS IN CONTACT WITH THE BUILDING INSPECTOR AND THE CODE DEPARTMENT CONTINUALLY WHILE THE REPAIR IN PLACE WERE UNDERWAY UNTIL THEY WERE ALL SIGNED OFF.

ALRIGHT, THANK YOU MR. SPAR.

UH, DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR, UH, CODE INSPECTOR BARRY OR, UH, OR, UH, MR. SPAR? OKAY.

IS THERE A MOTION TO CLOSE THE EVIDENTIARY PORTION AND PROCEED TO DISCUSSION? I WILL MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

I, SO I'VE GOT, UH, IT'S, UH, COMMISSIONER SHUGAR

[02:30:01]

WAS, UH, RECOGNIZED.

UH, DID, DID, DID YOU, OH, UH, JUST TO MAKE A MOTION TO CLOSE THE PUBLIC PART OF THE HEARING.

AND THAT WAS, AND THEN I'LL CLOSE AND THEN I'LL SECOND IT.

AND THEN, SO, UH, THE MOTION OF, UH, COMMISSIONER SHARD SECONDED BY COMMISSIONER SIG.

UH, ALL IN, UH, ALL IN FAVOR OF THE MOTION TO CLOSE THE PUBLIC HEARING.

YOU SAY AYE AYE.

ALL OPPOSED? OKAY.

THERE BEING, UH, UH, SIX AYES, NO NAYS.

THE AYES HAVE IT.

UH, THE EVIDENTIARY PORTION IS NOW CLOSED.

UH, DOES ANYBODY HAVE ANY GENERAL DISCUSSION OR WOULD CARE TO MAKE A MOTION ON THE APPEAL? I HAVE A QUESTION.

COMMISSIONER SELLI.

UH, MR. CANELLI, YOU MENTIONED IN YOUR, UM, IN THE ORDER THAT THERE'S AN OPPORTUNITY TO REDUCE THE, THE AMOUNT.

UM, SO AGAIN, THESE ARE THE COMMISSION'S ORDERS.

UM, THEY HAVE COMPLIED WITH THE ORDERS AND ALL THAT'S, UH, LEFT TO DECIDE IS THE PENALTY.

UM, WE'RE NOT OPPOSED TO THE COMMISSION, UM, REDUCING THE PENALTY.

UM, WE, WE'VE JUST ASKED THAT, UM, UH, IT'D BE DONE IN A TIMELY MANNER, SO DON'T LEAVE IT OPEN-ENDED.

I UNDERSTAND.

AND IN THE PAST, WHAT WAS, UM, WHEN WE'VE REDUCED PENALTIES, IT'S BEEN AS MUCH BETWEEN UP TO 90%.

RIGHT? UM, I'M JUST THIS AS A POINT OF INFORMATION, UH, YOU KNOW, THE, THE MOST RECENT ONE THAT YOU, UH, TOOK ON, UH, WAS PROBABLY ACTUALLY A BETTER DISCOUNT THAN THAT.

UM, AND YOU'VE ALSO HAD HEARINGS WHERE YOU, YOU DIDN'T TAKE THE ISSUE UP AT ALL, AND YOU'VE ALSO HAD HEARINGS WHERE YOU'VE REDUCED IT BY 1%.

SO, UM, YEAH, I MEAN, THERE'S A, THERE'S A FULL SPECTRUM.

THERE'S A, A BIG AREA TO PLAY WITH HERE.

COMMISSIONER FRANCIS, ARE YOU PREPARED TO MAKE A RECOMMENDATION? YES.

UH, WE'VE DISCUSSED THIS PROPERTY AND IT, SHE RECOGNIZES DIVISION MANAGER.

THERE'S BEEN A LOT OF TIME SPENT ON IT.

SO IT'D BE ON THE HIGH END OF THE, OF THE SPECTRUM OF, YOU KNOW, THE, THE GUIDE THAT WE HAD GONE OVER AS FAR AS RESOURCES SPENT.

SO IN THIS, IN THE REALM OF THE 62,000, YOU'RE, YOU'RE SAYING YOU, WE SHOULD LAND SOMEWHERE IN THE, I I MEAN, AGAIN, I'M, I'M, YOU GOTTA GIVE US SOME GUIDANCE, MAN, OTHERWISE, WELL, A NUMBER OF THE AIR, I, WE, WE WENT OVER THE COSTS OF WHAT IT COSTS US.

RIGHT, RIGHT.

AND THE HIGH END WAS AROUND THE $15,000 MARK.

AND, AND I'D SAY WE DEFINITELY ARE LANDING THERE AS FAR AS RESOURCES SPENT.

THAT'S NOT MY RECOMMENDATION TO Y'ALL.

THAT'S JUST WHAT WE HAVE IN CITY TAXPAYER, MONEY, TIME, GAS, ALL THOSE THINGS THAT WE HAVE DISCUSSED AS FAR AS WHAT CONSTITUTES, YOU KNOW, VALUE AND COST OF SERVICE.

SO THAT'S, THAT'S WHERE WE'RE AT.

AND JUST A REMINDER THAT'S, YOU KNOW, WE WENT THROUGH THAT EXERCISE OF DOING THAT SO THAT WE WOULD HAVE SOME FOUNDATION OR BASELINE TO, TO COME UP WITH THOSE NUMBERS.

AND THAT'S KIND OF WHAT MR. MOORE'S GIVING US AS THAT DIRECTIVE AS OPPOSED TO, AS WE HEARD HERE, WE WERE ALL OVER THE PLACE.

IN THE PAST.

COMMISSIONER DI, DIVISION MANAGER.

WAS THAT ONE FIVE 15,000? IS THAT WHAT I HEARD? OR DID YOU THAT'S CORRECT.

OH, COMMISSIONER FRANCIS.

AGAIN, WE'RE JUST TRYING TO HAVE THESE, UM, ORDERS HAVE INTEGRITY, RIGHT, SURE.

TO MOTIVATE FUTURE VIOLATORS AND THINGS LIKE THAT.

MM-HMM.

, THANK YOU.

I JUST WANTED TO MAKE SURE I HEARD THAT CORRECTLY FOR THE, OKAY.

SO I'LL MOVE TO, UH, AMEND THE PENALTIES TO 15,000.

THE ONGOING, UM, REPEAT OFFENDERS.

UH, COMMISSIONERS, WE HAVE A MOTION BY COMMISSIONER FRANCIS TO ADOPT STAFF'S, UH, RECOMMENDED ORDER, BUT, UH, MODIFIED TO REDUCE THE PENALTY.

UH, THAT MOTION IS SECONDED BY VICE CHAIR CAMPBELL.

UH, BEFORE I CALL IT, IS THERE ANY DISCUSSION OF THAT MOTION? COULD I JUST HAVE A QUESTION? SORRY.

SORRY, ONE THING.

CHAIR, DOES THAT MOTION ALSO INCLUDE, UM, A MOTION TO ADOPT FINDINGS OF FACT AND CONCLUSIONS OF LAW? I'M, I'M, I'M SORRY.

THAT'S CORRECT.

SO, SO TO RESTATE IT MORE ACCURATELY, UH, UH, SO THE, THE MOTION OF, UH, COMMISSIONER FRANCIS AS SECONDED BY VICE CHAIR CAMPBELL IS TO ADOPT STAFFS FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, AND RECOMMENDED ORDER, UH, WITH A MODIFICATION TO REDUCE THE, UH, COMBINED TOTAL CIVIL PENALTY AMOUNT FROM, UH, THE CURRENTLY STATED AMOUNT ON THE ORDER TO $15,000.

AND, UH, UH, AGAIN, THAT MOTION HAS BEEN SECONDED, BUT, UH, I'LL END, ENTERTAIN DISCUSSION ON IT.

I BELIEVE COMMISSION SELL, I HAVE THE A POINT OF JUST NOT A POINT OF ORDER, BUT JUST A QUESTION.

SO IT'S $15,000 THAT'S BEEN SPENT TO MONITOR

[02:35:01]

AND SO, UM, WHAT WE'RE BASICALLY SAYING IS, ALRIGHT, WE'RE GOING TO MAKE THE THIS PERSON PAY FOR ALL THAT WORK THAT YOU HAD TO DO.

I MEAN, THAT'S WHAT MAYBE Y'ALL ARE SAYING, AGAIN.

I JUST WANNA MAKE SURE THAT THAT'S, WE'RE JUST LETTING YOU KNOW WHAT EFFORTS HAVE GONE IN AS FAR AS MAILINGS.

UM, YOU KNOW, OUR, OUR BURDEN TO MEET THOSE REQUIREMENTS, YOU KNOW, OUR, OUR, UM, DRIVING OVER THERE PERFORMING RE-INSPECTIONS, I MEAN, EVERYTHING WE COVERED IN THAT, IN THAT, THAT IT WASN'T.

AND SO, YEAH.

AND THEN IF YOU ALSO, YOU KNOW, WE ASK THAT, THAT IF YOU ARE GOING TO REDUCE IT, THAT IT'D BE PAID WITHIN A 30 DAY OR SOMETIME TIMEFRAME BECAUSE THEN IT JUST LANGUISHES SOMETIMES.

THERE'S NO MOTIVATION TO PAY IT.

I JUST WANTED TO CLARIFY IT.

COMMISSIONER SOCAL, THANK YOU.

I DO HAVE A QUESTION.

UM, KIND OF TO GOING ONE STEP FURTHER THAN THAT.

IF THE PAYMENT ISN'T MADE WITHIN THAT TIMEFRAME, IS THERE AN ADDITIONAL PEN PENALTY ASSOCIATED? WE'RE SAYING IT NEEDS TO BE PAID WITHIN 30 OR 60 OR 90 OR DAYS, WHATEVER WE SELECT.

BUT WHAT IS THE CONSEQUENCE OF NOT PAYING WITHIN THAT TIMEFRAME? TYPICALLY, THE LANGUAGE THAT WE'VE USED IN THE PAST IS THAT IT WOULD GO BACK TO THE ORIGINAL AMOUNT THAT WAS DIVISION MANAGER MOORE.

JUST FOR THE RECORD, UH, IS THAT RESPONSIVE? UH, COMMISSIONER SOCAL, THANK YOU.

YEAH, THANK YOU.

THAT, YOU KNOW, WE WERE WRONG ALL ALONG AND WE NEVER SHOULD HAVE IMPOSED THE PENALTY IN THE FIRST PLACE, YOU KNOW, UM, IT PROBABLY DOESN'T MAKE SENSE TO GO TOO, TOO MUCH LOWER THAN, YOU KNOW, AGAIN, ROUGHLY, ROUGHLY WHAT IT COST US.

UM, I THINK I STILL AM SOMEWHAT AMENABLE TO THIS, BUT I THINK WE WOULD NEED AT SOME POINT AS A COMMISSION KIND OF REVIEW, MAKING SURE THAT OUR ORDERS AREN'T ANEMIC IN A SENSE THAT PEOPLE JUST KNOW ANYTIME THEY ACCRUE PENALTIES, IT COMES DOWN TO WE'LL JUST GO TO THE BOARD, THEY'LL KNOCK OFF 90%, WE PAY IT IN 30 DAYS, AND WE HAVE A 90% DISCOUNT, AND WE CAN SOMEWHAT SIDESTEP, UH, A LOT OF THE FEES.

UM, I THINK THAT'S SOMETHING WORTH THINKING OVER AS A BOARD, JUST IN GENERAL, THAT WE'RE NOT IMMEDIATELY DEFAULTING TO, HEY, ROBERT, WHAT'S THE GENERAL COST? LET'S JUST COVER THE COST OF THE CITY BECAUSE THESE FEES ARE ACCRUED FOR A REASON.

YOU KNOW, WHETHER THE BUILDINGS WERE UNSAFE IN THE FIRST PLACE.

I THINK.

THANK YOU, COMMISSIONER.

THAT SOUNDS LIKE A POTENTIAL, UH, FUTURE AGENDA ITEM FOR, YOU KNOW, MAYBE BRIEFING OR DISCUSSION.

UH, VICE CHAIR CAMPBELL.

UH, SO IF I CAN JUST ALSO SPEAK TO THAT KIND OF POINT.

UM, I MEAN, I WOULD POINT OUT IN THIS PARTICULAR CASE, WE'RE ONLY REDUCING IT BY ABOUT 75%, UM, WHICH WE HAVE OFTEN GIVEN SUBSTANTIALLY HIGHER DISCOUNTS, UM, IN PREVIOUS CASES.

AND AT ALMOST EVERY SINGLE ONE, WE'VE TALKED ABOUT THE NEED TO HAVE SOME MORE, YOU KNOW, OBJECTIVE MEASURES FOR HOW WE'RE GOING ABOUT THAT AND A BIT MORE CONSISTENCY.

UM, SO I THINK, I MEAN, I THINK THE, UM, COMMISSIONER FRANCIS MADE THIS MOTION IN PART TO THINK ABOUT THAT.

UM, I MEAN, I DON'T WANNA MISQUOTE YOU OR ANYTHING, BUT, UH, YOU KNOW, I I I, I DO LIKE THAT IDEA OF, UM, YOU KNOW, STILL BEING ABLE TO KEEP THE CITY'S GENERAL COSTS OR, OR SOMEWHERE AROUND THAT, UM, AS A GENERAL PRINCIPLE.

BUT, YOU KNOW, THE THING THAT WE OFTEN SAY IN THESE CASES IS WHAT WE REALLY WANT IS COMPLIANCE.

UM, THAT DOESN'T MEAN THAT THEY SHOULDN'T HAVE TO, UH, PAY AS, AS A DETERRENT MECHANISM, BUT, UM, I THINK IN THIS CASE, I MEAN, IT SEEMS LIKE THE PROPERTY WAS BROUGHT INTO COMPLIANCE.

THEY DID GOOD WORK.

UM, I MEAN, AT LEAST IT SEEMS THAT WAY.

AND, UH, SO YEAH, I MEAN, I, I, I GENERALLY LIKE FORGIVENESS IN THOSE CASES, BUT ALSO I, I, I, I THINK IT'S REASONABLE TO RECOUP THE CITY'S COSTS.

SO THAT'S KIND OF MY REASONING.

OKAY, THANK YOU, VICE CHAIR.

ANY, ANY FURTHER DISCUSSION? SO, I, I, YOU KNOW, I THINK I'M UP AGAINST THE SAME ISSUES AS, AS OTHERS HAVE ALREADY RAISED.

I, I THINK ON THE ONE HAND, UH, FOR THE INCENTIVE STRUCTURES OF THE WHOLE SYSTEM TO, TO OPERATE, UH, IT'S, UH, IMPORTANT THAT, UH, WE DON'T JUST, YOU KNOW, CLEAR THE LEDGER EVERY TIME THERE'S COMPLIANCE.

UH, ON THE OTHER HAND, YOU KNOW, WE SEE VARYING DEGREES OF COMPLIANCE AND, YOU KNOW, I MEAN, I THINK IT'S UNDERSTANDABLE THAT WE WOULD BE MORE FAVORABLY DISPOSED TO AN APPEAL FROM SOMEONE WHO DIDN'T MAKE US WORK THAT HARD.

UH, YOU KNOW, AS COMPARED TO SOMEONE WHO DID, UH, NEVERTHELESS, UH, I, I, I THINK THERE IS SOME LOGIC IN ESTABLISHING A BASELINE, UH, YOU KNOW, DOWN AROUND WHAT WE'RE OUT OF POCKET ON IT, YOU KNOW, SORT OF, YOU KNOW, WE DON'T WANT THIS TO COST THE CITY MONEY, YOU KNOW? AND SO, UM, YOU KNOW, UNLESS THERE'S SOME SHOWING

[02:40:01]

UH, WHERE IN THAT CONTINUUM IS APPROPRIATE.

IN THIS PARTICULAR CASE, OBVIOUSLY IT'S CASE BY CASE.

UH, BUT I, YOU KNOW, I DON'T SEE THIS MOTION PERSONALLY, I DON'T SEE IT AS UNREASONABLE.

UH, AND, UH, JUST IN LIGHT OF THE HOUR, I THINK, UH, WE SHOULD JUST GO AHEAD AND CALL IT AND SEE HOW IT DOES.

SO IT'S GONNA BE A ROLL CALL VOTE.

AND, UH, UH, THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AND I WILL BEGIN WITH COMMISSIONER SOCAL.

OH, PARDON ME.

I'M SORRY.

I'M GONNA INTERRUPT THAT VOTE.

PARDON? VERY BRIEFLY.

UH, I JUST WANTED TO MAKE SURE THAT, UH, THE OWNER'S EXHIBIT WAS ON RECORD.

IT SHOULD BE IN YOUR READER.

I THINK THAT'S AN EXCELLENT POINT.

BEAR WITH ME ONE MOMENT.

I DON'T BELIEVE I DO SEE IT IN OUR OKAY.

PACKET.

I DON'T BELIEVE I'VE ADMIT, ADMITTED THAT.

AND, UH, IF WHOEVER'S KEEPING MINUTES, UH, DIDN'T HEAR ME ADMIT THAT WITHOUT OBJECTION, COUNSEL, THAT IS THAT A SUFFICIENTLY PRIVILEGED SUBSIDIARY THAT I CAN, I CAN ADDRESS THAT BEFORE RETURNING TO THE PENDING MOTION ON THE MAIN MOTION? I, I, I, SORRY.

UM, I THINK IN THIS CASE, IN THE INTEREST OF JUSTICE AND FAIRNESS, RIGHT, UM, WE, YEAH, IT, IT WOULD BE WISE TO GO AHEAD AND, AND ADMIT THAT.

VERY, VERY GOOD.

UH, SO WITH, WITH THAT WITHOUT OBJECTION, WE'LL CONSIDER THE, THE MAIN MOTION TABLED VERY BRIEFLY, JUST LONG ENOUGH TO ADMIT, UH, THE APPELLANT'S EXHIBITS WITHOUT OBJECTION, HEARING NONE, THOSE EXHIBITS ARE ADMITTED.

AND NOW WE WILL RETURN TO THE MAIN MOTION AND, UH, WITH APOLOGIES FOR THAT, UH, INTERRUPTION.

UM, YOU KNOW, AS A REMINDER, THE, UH, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS, SECONDED BY VICE CHAIR CAMPBELL TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITH, UH, ONE AMENDMENT, NAMELY, PARDON, NOT AMENDMENT ONE, UH, MODIFICATION, NAMELY TO REDUCE, UH, THE TOTAL, UH, PENALTY, CIVIL PENALTY AMOUNT TO $15,000.

UH, COMMISSIONER, SO-CALLED, MAY I ASK A, A QUICK QUESTION REAL QUICK? WE, WE HAD TALKED ABOUT LAYING OUT THE TIMELINE AS WELL.

IS THAT SOMETHING THAT'S NECESSARY TO DO NOW, THAT WAS NOT PART OF THE MOTION.

DO MY, MY MY RECOLLECTION WAS THAT IT'S A FAILURE TO COMPLY WITH THE REVISED AMOUNT WITHIN THE EXISTING TIMELINE WOULD CAUSE THE PENALTY TO REVERT TO ITS CURRENT AMOUNT.

MM-HMM.

UH, SO IF, IF YOU IMAGINE THAT THAT NEEDS TO BE ADDRESSED, YOU KNOW, YOU COULD MAKE A, YOU COULD OFFER A FRIENDLY AMENDMENT, YOU COULD VOTE NO, AND LET US KEEP TALKING ABOUT IT.

BUT I, THERE IS A, AS I UNDERSTOOD DIVISION MANAGER MOORE'S RESPONSE EARLIER, THERE IS A SORT OF STANDARD PRACTICE IN PLACE THAT ADDRESSES THAT.

AND, AND DIVISION MANAGER, IT WOULD NEED TO BE IN THE MOTION CHAIR.

I'LL AMEND MY MOTION TO APPROVE THE 30 DAYS.

SHOULD THAT PENALTY NOT BE PAID WITHIN THAT TIMELINE THAT WE WOULD REVERT BACK TO THE ORIGINAL PENALTY AMOUNT? DOES THE, ON THE 31ST DAY VICE CAMPBELL? UH, I WAS JUST GONNA SAY, I, I INTERPRETED THE ORIGINAL MOTION AS INCLUDING THAT SINCE WE REFERENCED THE, UH, PROPOSED ORDER.

AND THAT DOES INCLUDE THAT LANGUAGE.

BUT, UM, E EITHER WAY, I'M HAPPY WITH IT.

AND, AND VICE CHAIR, I THINK I SHARED THAT MISUNDERSTANDING.

I I THOUGHT THAT IT, I MISUNDERSTOOD DIVISION MANAGER MOORE'S EARLIER RESPONSE TO ME THAT, THAT WE DID NOT NEED ADDITIONAL LANGUAGE, BUT IT SOUNDS LIKE I WAS MISTAKEN ABOUT THAT.

SO IF YOU ADOPTED THE ORDER AS IS, BUT WHEN YOU READ IT INITIALLY, I DIDN'T HEAR IT IN YOUR MOTION.

SO, UH, LET'S, LET'S DO THIS.

JUST FOR SAKE OF A CLEAN RECORD, WE HAD A SECONDED MOTION, UH, AS PREVIOUSLY DESCRIBED.

UH, IT IS, THERE'S NOW BEEN A MOTION BY THE AUTHOR TO AMEND, SECONDED BY THE SECOND ON THE MAIN MOTION.

UM, IS THERE ANY OBJECTION TO THAT AMENDMENT BEING INCORPORATED INTO THE PROPO? OKAY, I, I'M HEARING NONE.

UH, SO WE WILL ACCEPT THAT FRIENDLY AMENDMENT.

AND NOW THE, THE, THE RESTATED MOTION IS AS AMENDED, UH, IS THAT WE, THE COMMISSION ADOPT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING TWO REVISIONS, NAMELY THAT THE FINE, THE COMBINED TOTAL CIVIL PENALTY BE REDUCED TO $15,000, THAT THAT AMOUNT BE REMITTED WITHIN 30 DAYS FROM THE DATE, UH, THE MODIFIED ORDER IS MAILED.

AND THAT IF THAT AMOUNT IS NOT RECEIVED, UH, AT THE EXPIRATION OF THAT TIME PERIOD, THE FINE WILL AUTOMATICALLY REVERT TO THE AMOUNT AS IT APPEARS CURRENTLY.

COMMISSIONER SOKO AYE UH,

[02:45:01]

COMMISSIONER AYE.

SHUGART VOTES? AYE.

COMMISSIONER SALLY? AYE.

VICE CHAIR CAMPBELL AYE, UH, CHAIR VOTES.

UH, THE MOTION CARRIES.

AND, UH, UH, MR. SPA, YOU'LL BE RECEIVING A COPY OF THE ORDER.

DO YOU HAVE ANY OTHER QUESTIONS FOR US? NO.

THANK YOU FOR YOUR TIME THIS EVENING.

THANK YOU, MR. CANTAL.

READY FOR ITEM NUMBER

[9. Case Number: CL 2023-074854, CL 2023-074853, CL 2023-074858, CL 2023-074863 and CL 2023-074866 (Part 1 of 2)]

NINE? THANK YOU.

UH, ITEM NUMBER NINE IS, UH, THE NEXT ITEM ON THE AGENDA.

IT IS A MULTIFAMILY PROPERTY LOCATED AT 5,800 WELLINGTON DRIVE.

FIVE ORDERS WERE ISSUED BY THE COMMISSION FOR THIS PROPERTY IN JULY OF 2023.

THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE FIVE ORDERS AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF OF THE ACCRUED PENALTIES.

THE CASE NUMBERS ARE CL 20 23 7 4 8 5 4 CL 20 23 7 4 8 53 CL 20 23 7 4 8 58 CL 20 23, 7 4 8, AND 2 23 7 4 8 6.

THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE LAVENDER BOOKS IN YOUR READERS IN GOLD DRIVE FOLDERS.

UH, AND, UM, SO, AND HERE ARE SOME BASIC FACTS ABOUT THE CASE.

THESE CASES WERE ABOUT A MULTI-FAMILY COMMERCIAL PROPERTY.

FIVE ORDERS WERE ISSUED IN THESE CASES FOR REPAIR WITHIN 35 DAYS, WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 36TH DAY.

IF COMPLIANCE WAS NOT ACHIEVED.

THE TOTAL PENALTIES AS OF TODAY'S DATE ARE 20 3020 $23,000 AND 23 CENTS, UH, TIMES IS FOUR AND $23,946 AND 42 CENTS, WHICH INCLUDES INTEREST ACCRUED THROUGH TODAY'S DATE.

AND, UH, FOR A TOTAL OF $15,947 AND 34 CENTS IN YOUR, UH, READER OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED, ADMITTED EXHIBITS ONE THROUGH 11 B AS WELL AS EXHIBITS 12, WHICH CONSISTS OF UPDATED COMPLAINT AND CASE HISTORIES, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT THAT VERIFIES OWNERSHIP, THE NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, COPIES OF THE RECORDED BSC ORDERS ISSUED JULY 26TH, 2023, AND CORRESPONDING PENALTY STATEMENTS AND EXHIBIT 13, WHICH CONSISTS OF PRE AND POST, UH, COMPLIANCE PHOTOS.

AND THE CITY'S RECOMMENDATION CODE INSPECTOR KEVIN BERRY IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE.

AND WE'LL PRESENT SOME OF THE COMPLIANCE PHOTOS.

INSPECTOR BERRY, PLEASE BEGIN YOUR TESTIMONY.

SORRY, BEFORE WE CONTINUE, I, I DON'T KNOW IF WE ACTUALLY HAVE ACCESS TO EXHIBIT 13.

12 OF 13.

YEAH, I DON'T HAVE IT EITHER.

UM, WE, WE CERTAINLY CAN PUT THIS OFF FOR ANOTHER MONTH, UH, AND IT CAN, IT CAN COME BACK IN JULY IF THAT'S THE CASE.

I'M, I'M SORRY, I WAS NOT AWARE THAT THE, UM, THE EXHIBIT WAS NOT PROVIDED IN YOUR, UM, IN YOUR READERS.

SO, UH, I THAT'S GONNA REQUIRE A, CAN I, UM, YES.

CAN WE ASK, UM, UH, COMMISSIONER, SO-CALLED, DO YOU SEE IT IN THE GOOGLE DRIVE FOLDER? PULLING IT UP RIGHT NOW? I'M NOT SEEING IT, BUT LET ME DOUBLE CHECK.

SO, SO IF I, IF I MAY CHAIR.

UM, AS LONG AS YOU ALL CAN SEE IT DISPLAYED ON THE LARGE MONITOR, AND AS LONG AS THE EXHIBITS ARE FULL AND COMPLETE AS, AND THIS IS MORE OF A QUESTION FOR STAFF ON THE MONITOR, THEN WE CAN PROCEED.

HOWEVER, IF IT'S NOT FULL AND COMPLETE, THEN I WOULD RECOMMEND IF COMMISSIONER SOCAL ESPECIALLY DOES NOT HAVE ACCESS OR CANNOT SEE IT, THEN I WOULD RECOMMEND POSTPONING TO A LATER PREDETERMINED DATE.

UM, BECAUSE IT'S IMPORTANT THAT EVERYONE HAS THE ABILITY TO AT LEAST SEE, BUT AGAIN, IT DEPENDS ON IF THE FULL AND COMPLETE EXHIBITS ARE ARE AVAILABLE FOR VIEWING.

SO, UH, POSTPONEMENT TO A DATE CERTAIN, IT REQUIRES A VOTE, RIGHT? IT REQUIRES A SECONDED MOTION AND A VOTE.

IS THAT, THAT'S, THAT'S CORRECT.

BUT I WOULD APPRECIATE CONFIRMATION FIRST FROM STAFF.

RIGHT, RIGHT.

WE MIGHT BE ABLE TO MAYBE JUST TABLE THE ITEM AND, UH,

[02:50:01]

COME BACK TO IT.

LET'S, LET'S DO THAT FOR NOW.

UM, UH, SO IS THERE, UH, OBJECTION TO CAN.

CAN I GET A MOTION TO TABLE? OKAY.

FAIR ENOUGH.

UH, SO, UH, WOULD ANYBODY LIKE TO MOVE TO TABLE? UH, SO MOVE, OKAY.

AND DO WE HAVE A SECOND? I'LL SECOND.

SO, UH, ON THE MOTION OF COMMISSIONER FRANCIS, UH, TO TABLE AND HOPEFULLY REVISIT THIS TONIGHT AFTER WE CAN ADDRESS THE EXHIBIT ISSUE.

UH, ALL IN FAVOR SAY AYE.

DISCUSSION AND ACTION ITEM NUMBER 10.

ANY OPPOSED? THERE BEING NONE.

THE MOTION IS, UH, TABLED.

WE WILL GO TO THE ITEMS 10 AND 11 ON THE AGENDA AND WE WILL SIT TIGHT.

, WE'RE GONNA TRY TO GET BACK TO Y'ALL TONIGHT.

UH, SO I APPRECIATE YOUR PATIENCE.

I KNOW YOU'VE BEEN HERE A WHILE AND, AND, UH, SO, UH, PARDON? WE'LL SEE WHAT HAPPENS.

SORRY, MR. CHAIR.

UH, LET'S SEE.

SO YEAH, I BELIEVE THAT BRINGS US TO

[10. 2024 International Property Maintenance Code (IPMC) Proposed Amendments Staff presenters: Dedric Knox, Kecia Lara and Moses Rodriguez, City of Austin, Development Services Department – Code Compliance.]

WHICH IS THE, UH, 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE IPMC, PROPOSED AMENDMENTS.

THE STAFF PRESENTERS ARE, UH, DERICK KNOX, KEISHA LARA, AND, UH, MOSES RODRIGUEZ FOR THE CITY OF AUSTIN, DEVELOPMENT SERVICES, DEPARTMENT CODE COMPLIANCE.

GOOD EVENING CHAIR AND COMMISSIONERS.

WE HAVE A LATE EVENING, SO I'M NOT GONNA TAKE A LOT OF YOUR TIME.

THIS IS MYSELF.

MY, I'M DIETRICH KNOX.

I AM A SUPERVISOR, ACTING DIVISION MANAGER FOR THE NORTHERN TEAM.

THIS IS MY COWORKER HERE, UH, KEISHA LAURA, WHO IS ALSO A SUPERVISOR OR OF THE NORTHEAST TEAM.

TONIGHT WE'RE GONNA BE PRESENTING TO YOU, UH, THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE.

UM, YOU KNOW, EVERY THREE YEARS WE GO AND WE ADOPT THE CODE AND WE PUT AMENDMENTS IN, IN THE CODE THAT WE BELIEVE THAT WILL HELP US ACCOMPLISH, UM, THE AUSTIN'S UM, GOALS.

UM, NEXT SLIDE.

I'M GETTING READY TO PROVIDE AN OVERVIEW OF, UH, THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENT PROCESS AND SHARE MAJOR PROPOSED CHANGES.

NEXT SLIDE, PLEASE.

THE CITY OF BOSTON WILL ADOPT THE INTERNATIONAL CODE COUNCIL'S ICCS 2024 IPMC UPDATES, UH, FROM THE CURRENT 2021 IPMC AUSTIN CODE, UH, DIVISION ESTABLISHED AN INTERNAL, UH, AMENDMENT COMMITTEE, WHICH IS, UH, MYSELF, UH, MOSES RODRIGUEZ, AND KEISHA LAURA, WHO WAS HERE WITH ME TONIGHT, UH, TO, AND WHAT WE DID IS DRAFT THE PROPOSED AMENDMENTS, UH, TO CODE THAT WE WILL BE PRESENTING TO YOU TONIGHT.

UM, PURPOSE OF PROPOSED CHANGES IS TO ENSURE PUBLIC SAFETY AND MAINTAIN CONSISTENCY WITH OTHER CITY CODES.

NEXT SLIDE, PLEASE.

LET'S GO TO THE NEXT ONE.

WE'LL COME BACK TO THAT.

THIS IS THE 2024 IPMC ADOPTION TIMELINE.

UM, AS YOU CAN SEE WHERE WE ARE TONIGHT IS THE 20 JUNE 26TH.

WE ARE SITTING HERE WITH YOU TO PRESENT THE CODE, UH, OUR AMENDMENTS TO YOU.

UM, OUR NEXT STEP WILL BE LEGAL REVIEW, UH, AND THEN ON TO CITY COUNCIL.

AND THEN JANUARY THE FIRST OF 2025 WILL BE IMPLEMENTATION OF THE 2024, UH, IPMC.

LET'S BACK UP A, A SLIDE AND LET'S GET INTO THE MEAT OF IT.

SECTION 39, 3 0 9 0.1 INFESTATION HAS BEEN AMENDED.

UH, AS YOU CAN SEE, WE HAVE ADDED, UH, UH, SCORPIONS AND BEDBUGS.

UH, THIS IS SOMETHING THAT WE HAVE BEEN, UH, DEALING WITH.

HOWEVER, IT WAS NOT IN THE CODE, UH, PER SE.

UM, WE HAD TO ADD THAT IN THERE SO THAT WE COULD BE ABLE TO MAKE THOSE CALLS AND RESPOND AND ABLE SO THAT WE BE ABLE TO ENFORCE, UH, THOSE DEALS.

'CAUSE CURRENTLY THE CODE ONLY HAS INSECTS.

UH, IT HAS INSECTS IN IT, SO WE'RE ADDING THE SCORPIONS AND THE BED BUGS TO JUST TO KIND OF GIVE US SOMETHING ELSE TO TOUCH ON.

UM, AND MORE IMPORTANTLY, IF, IF IT'S NOT DEFINED UNDER THE LAW, UH, SOME OF THESE THINGS CAN GO UNPROTECTED IN COURT AND BEFORE YOURSELVES, UH, BECAUSE IT IS, IT IS NOT OUTLINED THERE WITH IN THE CODE.

SO IN OTHER WORDS, IF IT'S NOT THERE, WE CAN'T ENFORCE IT.

SO WE HAVE TO PUT IT THERE AND ABLE TO ENFORCE

[02:55:01]

IT.

IF IT'S NOT THERE, THEN IT PROVIDES A LOOPHOLE, UH, FOR IT.

AND, AND WE HAVE SEEN, UH, CASES WITH BEDBUGS AND SCORPIONS, AND WE ARE JUST TRYING TO MAKE SURE, UH, THAT WE ARE ABLE TO, UH, TO DEAL WITH THOSE SITUATIONS AS THEY ARISE.

VERY THANK YOU.

OUR PRIMARY GOAL THIS EVENING IS TO TALK ABOUT THE PROPOSED AMENDMENTS, UH, AND AIM TO ENSURE PUBLIC SAFETY WHEN UNSAFE OR HAZARDOUS CONDITIONS ARE FOUND ON A PROPERTY.

AND WHAT WE'RE GOING TO BE DOING IS REQUIRING A HUNDRED AMP MINIMUM FOR A SINGLE FAMILY DWELLING.

AND WE'RE GONNA BE TALKING ABOUT COOLING FACILITIES.

THE MAJOR CHANGES IN THE 2024 IPMC ARE THE, UH, THE COOLING FACILITIES, UH, THAT ARE REQUIRED.

UM, THANK YOU SO MUCH.

SO UNDER 6 0 3, UH, 0.7 COOLING FACILITIES REQUIRED.

THANK YOU, SIR.

UM, TRYING TO GET MY ATTENTION TO OPEN THAT UP.

IF, IF YOU LOOK AT IT, IT'LL TELL YOU AIR CONDITIONING AND OWNER SHALE, UH, PROVIDE AND MAINTAIN AN OPERATING CONDITION, REFRIGERATED AIR, AIR EQUIPMENT CAPABLE OF MAINTAINING A ROOM TEMPERATURE OF AT LEAST 15 DEGREES COOLER THAN THE OUTSIDE TEMPERATURE.

BUT IN NO EVENT HIGHER THAN 85, UH, DEGREES IN EACH HABITABLE ROOM, MAINTAIN ALL AIR CONDITION SYSTEMS, INCLUDING AIR CONDITIONING UNITS, COVERS, PANELS, CONDUITS AND DISCONNECTS PROPERLY ATTACHED.

AND IN OPERATING CONDITION, THE REQUIRED ROOM TEMPERATURE SHALL BE MEASURED THREE FEET ABOVE FLOOR NEAR THE CENTER OF THE ROOM AND TWO FEET INWARD, UH, FROM THE CENTER OF EACH EXTERIOR WALL.

IT IS A DEFENSE TO PROSECUTION UNDER THIS PARAGRAPH THAT AT LEAST ONE HABITABLE ROOM IS 85 DEGREES IF THE OUTSIDE TEMPERATURE IS OVER 110.

SO WHAT DOES THAT MEAN IN LAYMAN'S TERMS? THAT MEANS IF YOU CALL ME OR YOU CALL, UH, DSD CODE COMPLIANCE AND YOU SAY THAT WE NEED AC, THEN WE'RE GOING TO COME AND WE'RE GONNA TAP THE OWNER AND WE'RE GONNA ASK THEM, GET AC.

AND, AND WE ALL AGREE THAT IN TEXAS, IN AUSTIN SPECIFICALLY, IT IS, IS THE HEAT IS OUTRAGEOUS SOMETIME.

AND BE THESE DWELLINGS WITHOUT THE APPROPRIATE VENTILATION AND THE APPROPRIATE HEATING IS DANGEROUS AND IT BECOMES UNSAFE, UH, FOR THOSE INDIVIDUALS THAT ARE LIVING IN THOSE HOMES.

AND SO WE'RE JUST TRYING TO ALLEVIATE THAT, UH, BY BEING ABLE TO TACKLE THAT.

OUR NEXT CODE THAT WE HAVE A LITTLE BIT, THAT WE, WE ADD A LITTLE BIT TO IS THE ONE 11 POINT, 1.3, UH, STRUCTURE UNSAFE FOR HUMAN OCCUPANCY.

WE'VE ALWAYS HAD THAT, UH, ESPECIALLY WHEN WE WERE DEALING WITH PLUMBING, UH, AND ISSUES WHEN IT'S, WHEN IT'S WINTERTIME, WHEN NOBODY HAD ANY HEAT.

I DON'T KNOW IF Y'ALL REMEMBER THAT.

AND, AND THEY AND THEY WERE FREEZING TO DEATH.

AND SO WE HAD TO GO OUT THERE AND, AND WE IMPLEMENTED THIS CODE SO THAT THE MANAGEMENT OR THE OWNERS OF THESE PROPERTIES COULD DO SOMETHING WITHIN 48 HOURS IN ORDER TO, WE KNOW IT'S GONNA TAKE LIKE 30, MAYBE 30 DAYS TO FIX A PIPE, RIGHT? BUT WITHIN THAT 30 DAYS, FIND SOME WAY TO HEAT THE APARTMENT IN TWO DAYS, IS WHAT WE WERE ASKING.

SO RATHER IT JUST BE SOMETHING THAT'S TEMPORARY OR, OR, OR LONG TERM.

YOU HAVE TWO DAYS TO, UH, OR, UH, TO MAKE, UH, MAKE THINGS SUFFICIENT FOR THOSE TENANTS.

AND THAT WOULD MEAN LIKE AN, AN ADDITIONAL APARTMENT SISTER APARTMENT OR SOMETHING LIKE THAT.

SO WHAT WE DID IS WENT IN AND WE, 'CAUSE IT WAS NOT THERE BEFORE, IT WAS ADDED COOLING FACILITIES, WE UNDERLINED IT.

SO THAT'S, THAT'S THE ONLY THING THAT'S BEEN ADDED TO YET.

NEXT ONE PLEASE.

YOU GOT IT.

BE SERVED BY THREE WIRED, ONE 20 TO OVER TWO 40 VOLT, SINGLE PHASE ELECTRICAL SERVICE HAVING A MINIMUM RATING OF A HUNDRED AMPERS.

THIS IS JUST OLD MAN .

AND THEN THE FOLLOWING LANE, WHICH, UH, WAS ADDED, UH, TO SECTION 6 0 4 0.2, UM, 6 0 4 0.2 SERVICE.

THE SIZE AND USAGE OF APPLIANCES EQUIPMENT SHALL SERVE AS A BASIS FOR DETERMINING THE NEED FOR ADDITIONAL FACILITIES IN ACCORDANCE WITH NFPA.

UH, 70 DWELLING UNITS SHALL

[03:00:01]

AND THIS IS ONLY IF THE ELECTRICAL SYSTEM IS DEFECTIVE OR DAMAGED.

WE WILL REQUIRE THAT THEY BRING THEIR RESIDENTS OR THEIR DWELLING UP TO CODE.

NEXT SLIDE, PLEASE.

THESE ARE THE TWO, UH, NEW DEFINITIONS THAT WE ARE ADDING THIS YEAR.

INFESTATION, LIKE I SAID, WE ADDED SCORPIONS INTO, UH, THE DEFINITION FOR INFESTATIONS SURCHARGE.

WE DID NOT HAVE A DEFINITION FOR SURCHARGE.

SO WE, WE ADDED THAT, UH, DEFINITION.

AND IT'S A VERTICAL LOAD IMPOSED ON A RE ON RETAINED SOIL THAT MAY IMPOSE A LATERAL FORCE IN ADDITION TO THE LATERAL EARTH'S PRESSURE OF, OF RETAINED SOIL.

ANY QUESTIONS? YES, SIR.

SO WHAT ARE THE COMMISSIONER FRANCIS FACILITIES? YOU ARE SAYING THAT AIR CONDITIONING WILL NOW BE REQUIRED? YES.

IF, IF YOU CALL ME OUT, YES.

AND IT DOESN'T HAVE TO BE, IT CAN BE ANY MEANS OF COOLING THAT DWELLING.

IT DOESN'T HAVE TO BE HVAC, IT CAN BE A WINDOW UNIT.

YOU WANT TO ADD SOMETHING OR SOMETHING OF THAT NATURE.

I JUST WANT TO LET YOU KNOW THIS WAS A RESOLUTION WE RECEIVED FROM CITY COUNCIL.

IT IS NOT SOMETHING THAT THE AMENDMENT COMMITTEE DECIDED THAT THEY WANTED TO PUT IN.

WE WERE FOLLOWING A DIRECTOR FROM CITY COUNCIL.

SO THERE, COUNCIL, COUNCIL INSTRUCTED DID THIS TO BE AWARDED AND ENTERED INTO AS A CODE.

YES SIR.

AND SO WHAT WE DID WAS WE REACHED OUT TO SOME NEIGHBORING CITIES TO FIND OUT HOW THEY HANDLED THIS PARTICULAR SITUATION.

AND WE REACHED OUT TO THE CITY OF DALLAS, FORT WORTH, HOUSTON, SAN ANTONIO, AND I BELIEVE THERE WAS ONE OTHER ONE.

AND THE ONE THAT WE, UM, CHOSE TO FOLLOW WAS THE CITY OF DALLAS.

WE FELT THEY HAD THE BEST ORDINANCE AND LANGUAGE AND WE AMENDED IT TO FIT OUR SITUATION HERE WITHIN THE CITY LIMITS OF AUSTIN.

THANK YOU, COMMISSIONER FRANCIS.

YES, SIR.

ANY OTHER QUESTIONS FOR THE SUPERVISORS? OH, UH, VICE CHAIR CAMPBELL.

SO I DID JUST WANT TO, UM, ASK JUST ABOUT THE TIMELINE AND THE PROCESS HERE.

SO WHEN THESE KINDS OF, UH, AMENDMENTS TO THE PROPERTY CODE HAPPEN IN THE CITY OF AUSTIN, UH, IS IT ALWAYS SUBJECT TO OUR, THE VOTING AND STANDARDS COMMISSION APPROVAL? Y YES.

YES, SIR.

WE COME BEFORE THE COM, UM, BFC TO GET YOUR RECOMMENDATION OF APPROVAL.

ALRIGHT, THANKS.

YES, SIR.

AND IF I JUST MAY FURTHER CLARIFY, BECAUSE THIS IS THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THESE ARE REVISIONS OR PROPOSED CODE CHANGES TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE THAT DOES FALL UNDER THE BUILDING AND STANDARDS COMMISSION'S PURVIEW.

AND SO YOU ALL WILL NOT NECESSARILY BE REVIEWING EVERY SINGLE, UH, PROPOSED CHANGE TO EVERY SINGLE TECHNICAL CODE.

IT'S JUST THIS PARTICULAR SPECIFIC TECHNICAL CODE.

MAY I COUNSEL? I HAVE A QUESTION ON THAT.

ACTUALLY, D DOES THAT, WE'RE NOT, WE DON'T HAVE A VOTING ITEM ON THIS, IS THAT IT'S JUST A DISCUSSION ITEM.

IS THAT RIGHT? OR AM I MISTAKEN? SO AS, AS PART OF THE REVIEW PROCESS THAT THE HAS, UM, TONIGHT IS, IS YOUR OPPORTUNITY TO SUGGEST, UH, SOME ADDITIONAL AMENDMENTS OR CHANGES, UM, OR IF YOU WISH TO KIND OF GIVE YOUR, WELL, YOU CAN ALSO GIVE YOUR THUMB OF APPROVAL, SO TO SPEAK.

UM, AND TECHNICALLY IT'S ALSO WITHIN YOUR PURVIEW TO SAY NO THANK YOU AND, AND DECLINE.

SO, UM, CHAIR QUESTION.

I HAVE A FOLLOW UP QUESTION.

IT SAYS DISCUSSION AND ACTION.

ACTION ITEM.

IT'S AS KIND OF A HEADER TO THOSE ITEMS 10 AND 11, YET THERE'S NO DIRECTIVE IN THE AGENDA ITEM THAT'S BEING POSTED THAT SAYS WE WILL TAKE ACTION ON THAT ITEM.

SO I'M A LITTLE CONFUSED.

WHAT IS IT YOU WANT US TO DO AND FURTHER TO COMMISSIONER FRANCIS' POINT I, US ORDINARILY WE ACT ON A RECOMMENDED ORDER.

THE MOTION WILL BE BASED ON A, YOU KNOW, A RECOMMENDED ORDER FROM STAFF.

AND I, I, I DON'T, I DON'T KNOW HOW WE WOULD, YOU KNOW, WHAT WOULD THE, WHAT WOULD THE MOTION LOOK LIKE? WOULD WE MOVE TO APPROVE? UH, UH, SO AT THIS TIME, STAFF HAS PROPOSED SOME CHANGES OKAY.

THAT THEY WISH FOR YOUR CONSIDERATION.

ONE OBSERVATION, AND THIS IS, THIS IS GOING TO, SO THIS IS, THIS IS GONNA SEEM A LITTLE BIT TEDIOUS AND, AND ALMOST BORDERING ON SILLY, BUT, UM, THERE ARE THESE, UH, SORT OF COMPETING WHAT THEY WOULD CALL CANNONS OF STATUTORY CONSTRUCTION.

UM, AND SO YOU ALL CAN MOTION TO EITHER MAKE SOME MODIFICATIONS TO THOSE PROPOSED CHANGES.

YOU CAN MOTION TO APPROVE AND YOU CAN ALSO MOTION TO DISAPPROVE THOSE CHANGES.

I GUESS I ONLY HAVE

[03:05:01]

AND, AND SO, AND THEY HAVE THESE MUSTY OLD FASHIONED LATIN NAMES, YOU KNOW, UH, THE, UH, INCLUSIVE UNI DOCTRINE OR THE, YOU JUST SOME GENEROUS, I I, I WON'T LIKE GET INTO THE WEEDS ON THAT 'CAUSE WE'RE ALREADY LOW ON TIME.

I THINK ONE RISK YOU RUN IS THAT IF YOU ADD TO A LIST WITHOUT SOME SORT OF CATCHALL PROVISION, YOU POTENTIALLY, UH, STRENGTHEN AN ARGUMENT THAT THE LIST IS INTENDED TO BE EXHAUSTIVE.

SO, UH, I THINK IF SOMEBODY SAID INSECT AND SOMEBODY WERE TO DEFEND ON THE GROUND THAT SCORPIONS AREN'T INSECTS, I WOULD ROLL MY EYES.

AND IN FACT, I BELIEVE I HAVE ROLLED MY EYES ON CAMERA IN THIS VERY ROOM, ON HEARING AN ARGUMENT TO THAT EFFECT.

BUT WHEN THE CODE IS MODIFIED TO SPECIFY A PARTICULAR ARACHNI AND SOMEBODY COMES IN AND SAYS, YOU DIDN'T GET SPIDERS, YOU KNOW, WELL THEN I DO START TO WORRY A LITTLE BIT BECAUSE I THINK THAT THAT, THAT, THAT STARTS TO GAIN CREDIBILITY.

SO I GUESS MY ONLY, I, I THINK MAYBE A CATCHALL PROVISION, YOU KNOW, SCORPIONS, BEDBUGS AND OTHER SIMILAR PESTS, YOU KNOW, SOMETHING LIKE THAT.

AND OBVIOUSLY SIMILAR PESTS HAS A CERTAIN VAGUENESS TO IT THAT WOULD REQUIRE INTERPRETATION, BUT AT LEAST IT WOULD SIGNAL SOME LEGISLATIVE INTENT, IF YOU WILL, THAT THAT THERE, WE DIDN'T MEAN TO JUST LIMIT IT TO THESE FOUR THINGS.

SO THAT'S, THAT'S MY ONLY OBSERVATION.

I DON'T HAVE ANYTHING ELSE.

UH, IF MY FELLOW COMMISSIONERS, IF SOMEBODY WANTS TO MAKE A MOTION, I, I DON'T, AS A CHAIR, I DON'T THINK I SHOULD MAKE MOTION SPOKEN AS A TRUE LAWYER QUERY WHETHER THERE'S SUCH A THING AS A TRUE LAWYER.

UH, BUT, UH, , STOP.

I APOLOGIZE.

IT'S BEEN A LONG NIGHT.

I APOLOGIZE FOR THE LEVITY ON THE DAY.

SO, UNTIL WE HAVE TO, TO ADJOURN.

DULY.

NOT CHAIRMAN, I'M SORRY, CHAIRMAN.

UNDER THE, UH, DEFINITION OF INFESTATION, IT DOES HAVE THAT LANGUAGE.

OH, VERY GOOD.

COMMISSIONER SELLING SECONDS.

I DIDN'T SEE THAT.

SO, SO WOULD SOMEBODY LIKE TO MAKE A MOTION ON THIS? I'LL MAKE A MOTION TO ADOPT, UH, STAFF PROPOSALS, UH, ON THE MOTION FOR CHANGES, I GUESS.

COMMISSIONER SUGAR SHUGART MOVES TO, UH, APPROVE THE LENDER APPROVAL.

DO WE HAVE A SECOND? I'LL SECOND IT.

AND IN THE INTEREST OF TIME, I'M GONNA GO STRAIGHT TO VOTE.

UH, COMMISSIONER SOCAL.

AYE, UH, COMMISSIONER SHUGART.

AYE, UH, COMMISSIONER FRANCIS.

AYE, UH, COMMISSIONER SIG? AYE, UH, COMMISSIONER, UH, SORRY.

VICE CAMPBELL AYE.

AND CHAIR VOTES? AYE.

THERE BEING SIX I'S AND NO NAYS.

UH, THE, UH, THE COMMISSIONER APPROVES OF THE RECOMMENDED CHANGES.

SUPERVISORS, THANK YOU BOTH SO MUCH FOR YOUR TIME AND YOUR PRESENTATION THIS EVENING.

IT WAS VERY INFORMATIVE.

UH, SO, UH, MR. CANALES, WOULD YOU RECOMMEND US GOING TO THE, BACK TO ITEM 11? UH, ITEM NINE AT THIS POINT? OR DO YOU WANT US? YOU MAY.

UM, I, AS, UH, COMMISSIONER SELIG POINTED OUT, IT IS NOW 9 43, UH, YOU'RE DUE TO ADJOURN IN 17 MINUTES.

UM, WE CAN, WE CAN TAKE THIS ON.

WE'RE GONNA, WE'RE GONNA SHOW THE FULL EXHIBIT, UM, ON THE SCREEN FOR YOU.

AND, UM, OR WE CAN JUMP TO 11 AND MAYBE COME BACK AND SEE IF WE CAN GET 'EM BOTH IN.

THESE FOLKS HAVE BEEN WAITING.

LET'S TRY TO DISPOSE OF, LET'S TRY TO DISPOSE OF THEIRS.

FIRST, I'M GONNA ASK, UH, CODE REVIEW ANALYST, EVERWINE, TO BE, UH, CONSIDER YOURSELF RECOGNIZED TO JUMP IN AND FORCE THE FIVE MINUTES PER SIDE, NOT PER PERSON, BUT PER SIDE AND ON BOTH SIDES.

AND, UH, I'M GONNA GO TO, UM, DO YOU WANNA RE SO WITHOUT, YEAH, WITHOUT HAVING TO REINTRODUCE THE CASE AND SAY ALL THOSE, UH, CASE NUMBERS AND THE AMOUNTS, UM, WE'LL JUST PICK UP FROM, UH, WHAT YOU'LL BE SEEING IN EXHIBIT 12 AND 13.

IF COULD PLEASE, I'M SORRY, CHAIR, WE ACTUALLY HAVE TO TECHNICALLY UNT THE, OH, I'M SORRY.

MOVE TO TAKE THE ITEM NINE OFF THE TABLE? I'D LIKE TO MOVE TO TAKE ITEM NINE OFF THE TABLE.

SO, UH, UH, WOULD SOMEBODY LIKE TO

[9. Case Number: CL 2023-074854, CL 2023-074853, CL 2023-074858, CL 2023-074863 and CL 2023-074866 (Part 2 of 2)]

UH, COMMISSIONER SHUGART HAS MOVED TO, UH, UNT.

I, SECOND VICE CHAIR CAMPBELL IS SECONDED.

IS THERE OBJECTION, HEARING NONE.

IT'S OFF THE TABLE.

AND, UH, AND, UH, LET'S KEEP AN EYE ON THE CLOCK FOLKS.

EXHIBIT 12 WILL CONSIST OF UPDATED COMPLAINT AND CASE HISTORY, SO PLEASE ROLL THAT FORWARD.

CONTINUE.

UH, MAPS OF THE, OF THE PROPERTY.

UH, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, CONTINUE,

[03:10:06]

CONTINUE NOTICES OF TONIGHT'S FOR TONIGHT'S HEARING AND PROOFS OF MAILING AND POSTINGS.

AGAIN, THIS IS, UM, OUR, OUR POSTING PHOTOS.

PLEASE CONTINUE OUR PUBLIC NOTICE CONTINUE.

AND THESE ARE THE, UH, RECORDED ORDERS AND, UH, CORRESPONDING PENALTY STATEMENT.

CONTINUE.

AND EXHIBIT 13, WHICH IS, UH, PRE AND POST COMPLIANCE PHOTOGRAPHS.

UM, AND THE, UH, CITY'S RECOMMENDATION CODE INSPECTOR KEVIN BARRY IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE.

AND WE'LL, WE'LL PRESENT SOME COMPLIANCE PHOTOS.

INSPECTOR BARRY, PLEASE BEGIN YOUR TESTIMONY.

I'LL TRY TO MAKE THIS BRIEF.

UH, MY NAME'S KEVIN BARRY AND I WAS CODE OFFICER ASSIGNED TO THESE CASES AT THE TIME OF THE BSC ORDERS.

AND I HAVE BEEN SWORN IN.

THE PROPERTY THAT I'M BRINGING BEFORE YOU IS 5,800 WELLINGTON, WHICH WAS ON THE REPEAT OFFENDER PROGRAM FROM AUGUST OF 2018 UNTIL MARCH OF 2024.

THE PROPERTY WAS OWNED BY ZION CAPITAL THREE LLC, AND THE REGISTERED AGENT WAS CALLISTER AND ASSOCIATES PC.

THE PROPERTY IS NOW OWNED BY H-G-M-P-L-L-C, WHO TOOK OVER THE PROPERTY ON DECEMBER 5TH, 2023.

THE HONOR'S REQUEST IN THIS CASE BE BROUGHT BACK TO COMMISSION TO CONSIDER AMENDING THE ORDER REGARDING THE CURRENT PENALTIES.

I'M HERE TO DISCUSS THE CORRECTED VIOLATIONS AND THE TIMELINE THAT THEY CAME INTO COMPLIANCE.

THERE ARE CURRENTLY ONE VIOLATION ON THE PROPERTY.

THE ORIGINAL CASES WERE OPEN ON THE FIVE BUILDINGS ON MARCH 20TH, 2023.

THIS COMMISSION ISSUED ORDERS ON THE FIVE CASES ON JULY 26TH, 2023.

THE BSE ORDERS WERE 35 DAYS TO DO THE NEEDED REPAIRS.

ON AUGUST 30TH, 2023, THE TIME AND THE ORDERS RAN OUT.

BUILDINGS 3, 4, 8, AND NINE CAME INTO COMPLIANCE ON FEBRUARY 1ST, 2024.

BUILDING SEVEN CAME INTO COMPLIANCE ON FEBRUARY 7TH, 2024.

I'LL NOW GO OVER THE PICTURES OF SOME OF THE VIOLATIONS.

THIS IS, THIS IS A CONTEXTUAL PHOTO SHOWING THE SIGN FOR THE APARTMENT COMPLEX.

THIS IS A CONTEXTUAL PHOTO SHOWING THAT WE'LL BE DEALING WITH BUILDING THREE.

THIS IS A BEFORE PHOTO OF THE DETERIORATED REAR BALCONY.

THIS IS THE AFTER PHOTO OF THE REPAIRED BALCONY.

THIS IS A BEFORE PHOTO OF A BROKEN WINDOW.

THIS IS THE AFTER PHOTO OF THE REPAIRED WINDOW.

THIS IS A CONTEXTUAL PHOTO SHOWING THAT WE'LL BE DEALING WITH BUILDING FOUR.

THIS IS A BEFORE PHOTO OF THE DETERIORATED REAR BALCONY.

AND THIS IS THE AFTER PHOTO OF THE REPAIRED BALCONY.

THIS IS A CONTEXTUAL PHOTO SHOWING THAT WE'RE DEALING WITH BUILDING EIGHT.

THIS IS THE BEFORE PHOTO OF THE DETERIORATED REAR BALCONY.

AND THIS IS THE AFTER PHOTO SHOWING THE REPAIRED BALCONY.

AND THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.

DATE THE AMENDED ORDERS ARE MAILED TO PAY THE CIVIL PENALTIES IN FULL AT THE REDUCED AMOUNTS.

INSPECTOR STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT 12, WHICH INCLUDES STAFF'S, UM, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.

AND EXHIBIT 13, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.

STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.

ONE AFFIRMED THE CIVIL PENALTIES OF $23,000 AND 23 CENTS AND FOUR CASES AND $23,946 AND 42 CENTS IN THE FIFTH CASE FOR A TOTAL OF $115,947 AND 34 CENTS.

TWO.

IN THE ALTERNATIVE, IF THE CIVIL PENALTY AMOUNTS ARE REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE AMENDED ORDERS ARE OF THE

[03:15:01]

THREE ON THE 31ST DAY FROM THE DATE OF AN A DATE AN AMENDED ORDER IS MAILED.

IF THE CIVIL PENALTIES HAVE NOT BEEN PAID IN FULL AT THE REDUCED AMOUNTS, REINSTATE THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNTS.

INTEREST SHALL AC CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND I BELIEVE THAT CONCLUDES OUR PRESENTATION.

AT THIS TIME, WITHOUT OBJECTION, UH, CHAIR WILL ADMIT, UH, CITY'S EXHIBITS 12 AND 13.

HEARING NONE SO ORDERED.

UH, ARE ALL THREE OF YOU PLANNING TO SPEAK OR NO? I I THINK WITH THE TIME WE HAVE LEFT, I THINK IT'LL JUST BE ME.

I THINK THEY'RE PAYING ME TOO MUCH BY THE HOUR TO NOT NOT SPEAK.

WILL YOU? PARDON ME? I KNOW I'M NOT, NOT, BUT I I WILL BE SWORN.

DO YOU MIND IF YOU'RE ABLE TO DO SO? DO YOU MIND STANDING? AND OF COURSE, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, UH, I DO.

I DO.

UH, COULD YOU IDENTIFY YOURSELF FOR THE RECORD, PLEASE? YES, JARED, THIS IS JAMES RAY ON BEHALF OF THE PROPERTY OWNER IN THIS CASE.

PLEASE PROCEED.

AND, UH, UH, WE HAVE FIVE MINUTES AND YOU'LL HEAR FROM MR. EVERWINE IF YOU DRIVE , IF YOU GO TO SIX .

I I APPRECIATE THE TIME AND THE OPPORTUNITY TO BE HEARD.

WE DO, UH, HAVE, HAVE AN EXHIBIT.

IT'S KIND OF DISHEARTENING TO SIT HERE AND, AND LISTEN TO ALL THESE VIOLATIONS ALL NIGHT.

SO I APPRECIATE EVERYTHING YOU ALL DO.

AND, UH, THE CITY OF AUSTIN APPRECIATES IT TOO.

UM, THIS IS A NEW OWNER CASE.

UM, THE VIOLATIONS THAT OCCURRED OCCURRED UNDER THE, UNDER THE PRIOR OWNER.

UH, THE CURRENT OWNER IS ACTUALLY WAS THE LENDER ON THE PRO ON THE PROPERTY.

AND SO THE LENDER FORECLOSED ON THE PROPERTY IN DECEMBER.

AND, UH, THANK YOU TO, UH, INSPECTOR BARRY FOR WORKING WITH US AND, AND PUTTING OUT THE VIOLATIONS AND, AND ALLOWING US THE OPPORTUNITY TO CORRECT THEM.

SO, UH, THE LENDER CAME IN AND TOOK POSSESSION OF THE PROPERTY IN DECEMBER OF 2023.

WITHIN 60 DAYS OF TAKING OWNERSHIP OF THE PROPERTY, THE, THE ISSUES WERE CORRECTED.

UM, AND, AND I THINK THAT FIRST WEEK OF FEBRUARY, UM, ALL THE, ALL THE VIOLATIONS HAD BEEN, HAD BEEN TAKEN CARE OF.

AND I THINK THIS IS ONE OF THE, THE, UH, RARE CASES WHERE YOU HAVE A CHANGE IN OWNERSHIP.

AND THEN YOU HAVE SOMEBODY WHO ACHIEVES BEING REMOVED FROM THE REPEAT OFFENDER PROGRAM.

WE, WE HEARD SOME CASES EARLIER TONIGHT WHERE THERE WERE SOME APPEALS AND FIGHTING THAT DEAL.

OUR, WE DIDN'T FIGHT IT.

WE EMBRACED IT, WE CURED THE ISSUES, AND THAT'S THE BEST WAY, UH, TO GET A RESOLUTION.

AND I THINK THAT'S SOMETHING THAT, THAT OUGHT TO BE RECOGNIZED HERE.

UM, IN JANUARY, UH, OF THIS YEAR, I WENT BACK AND, AND WATCHED SOME OF THE VIDEOS FROM THE, FROM, UH, THE, UH, COMMITTEE'S PRIOR HEARINGS IN JANUARY OF 2024.

UM, THERE WAS, UH, AGENDA ITEM EIGHT ON A PROPERTY ON WALNUT RIDGE DRIVE, WHERE IT WAS A NEW OWNER SITUATION.

AND THE, UH, THE COMMITTEE DID A 90% REDUCTION OF, OF THE, UH, FINE IN THAT CASE.

AND WE THINK WE'RE SIMILARLY SITUATED, UM, IN THIS CASE.

IN FACT, WE THINK WE HAVE A BETTER CASE TO MODIFY OR REDUCE THAN WAS IN IN THAT CASE.

UM, A A COUPLE OF THE ISSUES THAT WERE RAISED DURING THAT HEARING WAS, UH, WHETHER OR NOT WE'RE CREATING, UH, A WINDFALL TO THE NEW OWNER.

UM, IS SOMEBODY GONNA COME IN AND BARGAIN FOR A DEAL TO, TO GET A PROPERTY AND THEN SORT OF DOUBLE DIP WITH GETTING A REDUCTION IN THE FINE? THAT'S NOT THE CASE IN, IN THIS INSTANCE, BECAUSE WE HAVE A LENDER WHO IS, UH, HAD A DEFAULTED OWNER AND THEN NOW IS COMING IN IN FORECLOSURE AND HAS SPENT HUNDREDS OF THOUSANDS OF DOLLARS, UH, SINCE IT TOOK OWNERSHIP OF THE PROPERTY IN, IN DECEMBER, TO CORRECT THESE ISSUES AND GET THIS PROPERTY IN SHAPE.

SO WE'RE, WE'RE MITIGATING DAMAGES.

WE'RE NOT, UH, ACHIEVING A WINDFALL AT SOME POINT.

IDEALLY, WE'D LIKE TO SELL THE PROPERTY IN THE FUTURE AND, AND REALIZE A GAIN, BUT THIS IS NOT THE SITUATION WHERE YOU HAVE A, AN ARM'S LENGTH TRANSACTION, UM, WHICH CREATED THE PROBLEMS THAT WERE, UH, OF CONCERN.

AND I THINK THE, THE CHAIR MENTIONED THE EFFICIENT CAPITAL MARKET HYPOTHESIS, WHICH I'LL SKIP OVER, UH, FOR NOW, BUT I, I LEARNED A LOT FROM, FROM LISTENING TO THE CHAIR IN THAT HEARING.

UM, CULPABILITY IS, IS NOT PRESENT IN THIS CASE.

ANOTHER, ANOTHER THING I WAS LOOKING FOR WAS WHAT ARE, WHAT ARE THE STANDARDS THAT SHOULD APPLY, UM, UH, PER, UH, UH, COMMITTEE MEMBERS, UH, SUGAR COMMENTS EARLIER TODAY IS WHAT, HOW DO I ADDRESS THE COMMITTEE AND, AND SAY, HERE ARE THE RULES THAT APPLY, AND HERE'S HOW WE FIT INTO THERE.

AND, AND THIS SHOULD BE REDUCED.

AND THE BEST I COULD DO IS GO BACK AND LOOK AT SOME OF THE COMMITTEE'S DISCUSSIONS, UH, ON THE PRIOR AGENDA ITEMS. BUT GENERALLY SPEAKING, WHEN YOU'RE LOOKING AT, AT PUNITIVE STATUTES, YOU, YOU START LOOKING AT CULPABILITY, YOU START LOOKING AT REHABILITATION, UM, AND YOU START LOOKING AT THE INCENTIVES.

SO, UM, I THINK HAVING A BIG HAMMER OF A THOUSAND DOLLARS PER WEEK IS PRETTY SOLID.

IT ENCOURAGES FOLKS TO GET THE, UH, THE ISSUES CORRECTED.

AND SO IF YOU TAKE AWAY THAT INCENTIVE AND YOU SAY, HEY, YOU, YOU EARNED THE FINE, YOU'RE KEEPING IT, UM, I THINK WOULD REMOVE THAT INCENTIVE AND SOMETIMES DISCOURAGE NEW OWNERS FROM COMING IN AND, AND GETTING THE PROPERTY.

UM, SO IN, IN THIS INSTANCE, BECAUSE WE DON'T HAVE A CULPABLE CURRENT PROPERTY OWNER, UH,

[03:20:01]

I'M NOT SURE IF IT'S BEFORE THE THE COMMITTEE OR NOT THAT WE SUBMITTED, UH, TO DEMONSTRATE THAT, UH, WE, WE EXERCISE DILIGENT EFFORTS.

UH, UM, SO JUST TO BACK UP A HAIR, I'M NOT GONNA TRY TO MOVE AS QUICKLY AS POSSIBLE.

WE DIDN'T WAIT TO, UM, OH, THERE IT IS.

THAT'S GREAT.

UH, IT'S 135 PAGE PDF.

I'M NOT GONNA SPEND A WHOLE LOT OF TIME ON IT, BUT TO PROVIDE SOME CONTEXT ABOUT THE, UH, THE CIRCUMSTANCES.

SO THE BORROWER WENT IN DEFAULT IN OCTOBER OF 2023.

THAT EVENT OF DEFAULT IS WHAT GRANTED THE LENDER RIGHTS TO START TAKING ACTION, UH, TO GET INVOLVED IN THE PROPERTY, BECAUSE OTHERWISE WE COULDN'T HAVE DONE ANYTHING TO TAKE POSSESSION.

EVENT OF DEFAULT OCCURRED IN OCTOBER, 2023.

THE EARLIEST WE COULD HAVE TAKEN POSSESSION OF THE PROPERTY BASED ON THE DEFAULT WAS DECEMBER 5TH, IS THE, THAT'S THE EARLIEST WE COULD HAVE POSTED FOR FORECLOSURE AND FORECLOSED OF THE PROPERTY.

WE DIDN'T WAIT.

WE FILED A LAWSUIT.

WE GOT AN A RECEIVER APPOINTED IN THE FIRST WEEK OF NOVEMBER, AND THAT RECEIVER THEN TOOK ACTION TO GET PERMITS AND START THE BALL ROLLING TO ADDRESS THE VIOLATIONS.

SO WE DIDN'T SIT AROUND AND WAIT.

WE STARTED SPENDING MONEY EVEN BEFORE WE FORECLOSED, WHEN SOMEBODY ELSE COULD HAVE COME IN AND BOUGHT THE PROPERTY, AND WE COULD HAVE BEEN SPENDING MONEY FOR SOMEBODY ELSE'S GAIN.

UM, AND SO WE WERE PARTICULARLY PROACTIVE.

THIS IS A RARE CASE WHERE YOU HAVE THAT SITUATION OCCURRING.

THANK YOU, MR. RAY.

I'M AFRAID I HAVE GOTTEN THE TIME CORRECT.

AND, AND, AND WE WOULD JUST SUBMIT THAT THE, THE, UH, ORDER BE MODIFIED AND THE PENALTIES BE REDUCED TO ZERO.

THANK YOU MR. RAY.

AT THIS TIME I WAS, UH, UH, COMMISSIONERS.

I WAS KIND OF HOPING THIS WOULD BE A BUZZER BEATER, BUT, UH, WE GOT THREE MINUTES.

UH, I THINK WE NEED A, UH, A PRIVILEGED MOTION TO, I'M GONNA RECOMMEND ADDING 15 MINUTES.

SO WE WOULD WRAP AT 10 15.

UH, I'LL MOVE TO EXTEND THE, UH, HEARING BY 15 MINUTES.

AND SO WE HAVE A MOTION FROM VICE CAMPBELL.

IS THERE A SECOND? I'LL SECOND IT.

UH, SO, UH, ALL IN FAVOR OF THE MOTION BY, UH, VICE, UH, VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER SIG.

UH, TO ADD 15 MINUTES, UH, SIGNIFY BY SAYING AYE.

UH, ALL OPPOSED? NO.

UH, AYES HAVE IT AND, UH, WE CAN PROCEED.

SO WE JUST HEARD FROM THE PROPERTY OWNERS REPRESENTATIVE ON THIS CASE.

UH, DOES ANYBODY HAVE ANY QUESTIONS? WELL, I, I KNOW I SHOULD SAY, DO THE PROPERTY OWNERS HAVE QUESTIONS FOR THE CITY? DOES THE CITY HAVE QUESTIONS FOR THE PROPERTY OWNERS? AND DO ANY COMMISSIONERS HAVE QUESTIONS FOR EITHER PARTY? PROPERTY OWNER WILL DEFER TO THE CITY IN THE, IN THE COMMITTEE.

COMMISSIONER SHUGAR.

UH, SO THIS PROPERTY WAS IN THE REPEAT OFFENDER PROGRAM FOR SINCE 2018 UNTIL Y'ALL TOOK OVER.

CORRECT.

UM, WERE Y'ALL THE OWNERS OF IT THOUGH THE ENTIRE TIME AND AWARE THAT IT WAS IN THE REPEAT OFFENDER PROGRAM? WE WERE NOT.

IN FACT, WE, UH, LENT MONEY TO THE OWNER THAT TOOK OWNERSHIP OF THE PROPERTY IN 2022.

MM-HMM.

, UH, WE TOOK OWNERSHIP OF THE PROPERTY IN DECEMBER OF 2023 AND, UH, ADDRESSED ALL THE VIOLATIONS WITHIN 60 DAYS OF THE DATE WE TOOK OWNERSHIP.

ANY OTHER COMMENTS OR OBSERVATIONS? UH, WITHIN, OKAY.

COMMISSIONER S MR. MOORE, HOW MUCH HAVE YOU SPENT ON THIS? I MEAN, THIS, THIS IS ALSO ON THE HIGH END AS FAR AS REPEAT OFFENDER.

IT'S WHAT? I COULDN'T HEAR YOU.

IT'S ON THE HIGH END AS WELL.

UH, REPEAT OFFENDER PROGRAM.

MULTIPLE BUILDINGS, LOTS OF TIME SPENT OUT THERE.

SO IT'D BE SAME AS THE LAST ONE.

OH, 15,000 VICE CHAIR CAMPBELL.

UH, I'D MOVE TO CLOSE THE PUBLIC COURTS OF THIS HEARING.

VICE CHAIR CAMPBELL MOVES TO CLOSE.

ANY? I'LL SECOND, UH, COMMISSIONER SHUGAR SECONDS.

UH, ALL OF ALL, PARDON ME? ALL IN FAVOR SAY AYE.

ALL OPPOSED, THERE BEING NONE ORDERED.

THE PUBLIC, UH, PORTION OF THE HEARING IS NOW CLOSED AND WE CAN MOVE ON TO MOTIONS AND DISCUSSION.

UH, WITH THAT IN MIND, I WILL, I WILL SAY THIS, UH, WITH THE CAVEAT THAT IDEALLY I WOULD HAVE A LITTLE BIT MORE TIME TO, TO STUDY THE PARTICULARS THE FACTS AS MR. RAY PRESENTED THEM, THAT THIS IS ABOUT AS GOOD A CASE AS ANY FOR PRECISELY THE, THE SORT OF CONCERNS THAT I'VE EXPRESSED PREVIOUSLY, AS IN THE WALNUT RIDGE ABOUT, ABOUT ADJUSTMENTS TO INCENTIVES.

UH, YOU KNOW, BECAUSE, UH, YOU KNOW, I SUPPOSE THERE MIGHT BE, YOU KNOW, IF YOU WERE TO DIG, YOU MIGHT FIND THAT THEY'RE FINANCING SLUMLORDS ALL OVER TOWN AND JUST WAITING TO FORECLOSE.

I, I'M NOT SUGGESTING THAT, SIR.

BUT, UH, YOU KNOW, IT IS THIS, IT'S THE SORT OF THING WHERE I THINK HE, MR. RAY IS CORRECT THAT THIS DOES NOT TEE UP THE SORT OF STRATEGIC WINDFALL, UH, ISSUE THAT I'VE SPOKEN ABOUT IN PREVIOUS, IN PREVIOUS CASES.

UH, BUT, UM, I, I DON'T CARE TO ELABORATE FURTHER.

I'LL ENTERTAIN ANY MOTIONS OR DISCUSSION.

ANYBODY'D CARE TO SHARE VICE CHAIR CAMPBELL? UH, SO I DEFINITELY AGREE WITH, UM, MOST OF THAT.

I, I DO THINK THAT THIS IS BASICALLY AS GOOD AS IT

[03:25:01]

GETS.

UM, I THINK THAT KIND OF THE ONLY QUESTION FOR US NOW IS WHETHER WE WANT TO, UH, YOU KNOW, REDUCE IT TO ZERO AS THEY'VE REQUESTED OR REDUCE IT TO KIND OF THE, UM, 15,000 THAT REFLECTS THE CITY'S COSTS.

UM, PERSONALLY, I THINK THAT WE CAN DO SOMETHING IN BETWEEN, UH, THAT JUST KIND OF REFLECTS THE SPECIAL ATTENTION BROUGHT BY THE PROPERTY OWNERS, BUT ALSO THAT RECOGNIZES THE CITY'S COSTS.

UM, I, I WOULD SUGGEST 7,500 AND I'M HAPPY TO MAKE A MOTION TO THAT EFFECT.

UH, SO 7,500 WOULD BE THE RESULTING PENALTY? YES.

UH, SO, UM, DO, WOULD YOU LIKE TO GO AHEAD AND MAKE THAT MOTION OR DID YOU WANT TO GET SOME OTHERS? YEAH, UM, IF WE COULD ACTUALLY GET THE PROPOSED ORDER UP ON SCREEN JUST SO I CAN SEE IT.

THANK YOU FOR THAT.

UM, I WOULD MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW, AND, UH, ORDER THAT THE CIVIL PENALTY BE REDUCED TO $7,500, UM, AND ALLOW 30 DAYS FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT, AND ON THE 31ST DAY FROM THE DATE THE MODIFIED ORDER IS MAILED.

IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE THE CIVIL PENALTIES PREVIOUSLY ASSESSED IN EACH OF THE FIVE ORDERS IE THE TOTAL $115,927 AND 34 CENTS.

MEMBERS, YOU'VE HEARD THE MOTION? IS THERE A SECOND? I'LL SECOND.

UH, OKAY.

SO, UM, WE HAVE A MOTION BY, UH, VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER SULLY.

I'M AFRAID I MAY HAVE DONE IT AGAIN.

I SEE A NOTE ON MY, UH, MY PAPERS HERE THAT THE PROPERTY OWNER DID HAVE AN EXHIBIT THAT I DON'T THINK WE'VE ADMITTED YET.

IS THAT, IS THAT CORRECT? IS THAT THE BLUEPRINT WE LOOKED AT A MOMENT AGO? OR AM I MISTAKEN ABOUT THAT? UH, IF I BELIEVE YES, IF THERE'S A PROPERTY OWNER EXHIBIT, WE WILL, WE'LL JUST NEED TO MAKE SURE IT'S SUBMITTED.

SO WITH THE SAME REASONING AS BEFORE, AND, YOU KNOW, WITH APOLOGIES TO, UH, ADHERENCE OF STRICT, UH, PARLIAMENTARY PROCEDURE, UH, WHAT I'D LIKE TO DO IS GET A MOTION TO VERY, VERY TEMPORARILY TABLE THIS, IF I MAY.

DOES ANYBODY HAVE THAT VICE ON THE MOTION OF VICE CHAIR CAMPBELL? DO WE HAVE A SECOND? SECOND, MAY, MAY I, UH, MAY I SUGGEST AN ALTERNATIVE? CERTAINLY.

UM, WOULD COUNSEL CONSIDER WITHDRAWING THEIR, YOU READ MY MIND.

WE, WE WOULD, IF THAT WOULD EXPEDITE THINGS, WE WOULD WITHDRAW THE SO PRETEND YOU DIDN'T SEE IT.

WHATCHA TALKING ABOUT THE PRO? THE, OKAY.

SO I DON'T THINK I ACKNOWLEDGED A SECONDED MOTION ON THE TABLE MOTION, SO I THINK WE CAN RETURN TO THE MAIN MOTION.

UM, SO, UM, SO WITH THAT IN MIND, THE QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL SECONDED BY COMMISSIONER SIG.

UH, THE MOTION IS THAT, THAT THE COMMISSION ADOPTS STAFFS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE RECOMMENDED ORDER, UH, WITH A FOLLOWING MODIFICATION THAT THE, UH, PENALTY AMOUNT BE REDUCED TO $7,500 AND O AND OTHERWISE THE SAME.

SO THAT IS THE MOTION.

AND, UM, I WILL GO AHEAD AND CALL THE QUESTION COMMISSIONER.

SOCAL.

SO-CALLED COMMISSIONER SOCAL VOTES.

COMMISSIONER SHUGAR VOTES.

COMMISSIONER SARD AYE.

COMMISSIONER FRANCIS, WE NEED TO HAVE COMMISSIONER SOCAL, WHEN YOU'RE DOING THE ROLL CALL VOTE, HE NEEDS TO ACTUALLY BE SHOWN ON SCREEN WHEN HE VOTES.

THAT'S, THAT'S, UH, STATE LAW.

UH, WE'RE GONNA WAIT AND LET OUR AV FOLKS GET HIS STREAM BACK UP.

CAN WE SEE COMMISSIONER SOCAL? AH, THERE IS.

SO, UH, COMMISSIONER SOCAL, I THINK IF YOU DIDN'T HEAR COUNSEL, WE NEED TO RETAKE YOUR VOTE 'CAUSE YOU WEREN'T ON SCREEN AT THE TIME.

I APOLOGIZE FOR THAT.

SO, UH, FROM THE TOP, UM, CAN I, UH, CAN I HAVE YOU RESTATE YOUR VOTE ON THE RECORD? AYE.

OKAY, COMMISSIONER, UH, SO-CALLED VOTES AYE.

AS NOTED, COMMISSIONER SHUGART VOTED AYE.

AND, UH, COMMISSIONER FRANCIS, I, I VOTE NO.

NO.

COMMISSIONER SLY.

COMMISSIONER SLY VOTES.

COMMISSIONER CAMPBELL AYE.

OR VICE CAMPBELL VOTES? AYE.

CHAIR VOTES? AYE.

THERE BEING FIVE AYES AND ONE NAY.

THE MOTION OF FAILS OF ADOPTION.

UM, WE HAVE 10 MINUTES LEFT.

UH, IF YOU WANT TO TRY TO CONTINUE WORKING ON THIS, UM, I'M GOING TO RESPECTFULLY

[03:30:01]

SUGGEST THAT IF IT'S ABOUT LANDING ON A NUMBER EVERYBODY CAN LIVE WITH, UH, IT WOULD PROBABLY BE BEST TO HEAR FROM COMMISSIONER FRANCIS ON THIS.

AGAIN, I GO BACK TO WHY WE ASKED STAFF TO GO THROUGH THAT EXERCISE, RIGHT.

TO ARRIVE AT THE FACT THAT WE FELT THE CON CONSENSUS OF THE GROUP DISCUSSION WAS THAT THE TAXPAYERS SHOULDN'T BE TAKING THIS ON THE CHIN, RIGHT? IF FOR, FOR WHATEVER REASON THAT OCCURS, REGARDLESS OF WHO PULLS THE TRIGGER ON THAT, THE CONSEQUENCES ARE IF YOU BUY IT AND YOU BUY INTO THAT, THEN YOU'RE PASSING THAT ON TO YOU.

SORRY GUYS.

BUT I FEEL PRETTY STRONGLY ABOUT THAT TAXPAYERS SHOULDN'T BE TAKING THAT ON THE CHIN.

SO AT A MINIMUM, THE 15 NUMBER IS THE NUMBER THAT STICKS OUT TO ME.

SO I'LL RESTATE THE MOTION.

UH, YOU'RE RECOGNIZED FOR A MOTION STAFF'S FINDING THE FACT AND CONCLUSION LAW RECOMMEND THE ORDER EXCEPT FOR CHANGING THE AMOUNT TO 15,000 WITHIN THE 30 DAYS ON THE 31ST DAY, THAT WOULD GO TO THE FULL PENALTY AMOUNT.

I'LL SECOND.

UH, IN THE INTEREST OF TIME, I MEAN, I THINK WE ALL KNOW WHAT WE'RE DEALING WITH, UH, RIGHT NOW.

IT'S A MATTER OF THE NUMBER.

UM, SO QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER SHUGART.

UH, THE MOTION BEING TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER WITH A MODIFICATION THAT THE, UH, CIVIL PENALTY BE REDUCED TO A TOTAL OF $15,000.

IF ON THE 31ST DAY, UH, AFTER THE ORDER IS MAILED, CIVIL PENALTIES HAVE NOT BEEN PAID IN FULL AT THE REDUCED AMOUNT, THE REIN WOULD, WE WOULD REINSTATE THE UNPAID PORTION.

UH, AND COMMISSIONER SOCAL IS ON SCREEN.

I'LL BEGIN WITH WITH HIM.

COMMISSIONER SOCAL.

I THAT'S REASONABLE.

COMMISSIONER SHUGAR VOTES.

AYE, UH, COMMISSIONER, UH, SHUGAR AYE.

COMMISSIONER SLY AYE.

COMMISSIONER SLY VOTES.

VICE CHAIR CAMPBELL.

UH, VICE CHAIR CAMPBELL VOTES AYE.

UH, CHAIR VOTES? AYE.

UH, THE MOTION PASSES.

A COPY OF THE ORDER WILL BE MAILED.

DO YOU HAVE ANY QUESTIONS FOR US? THANK YOU EVERYBODY.

WHICH DO YOU WANNA? SO, YES, THE, UH, YES, 11, UH, IT'S TIME TO, UH, CONSIDER THE, UH, ANNUAL INTERNAL REVIEW REPORT.

THANK YOU FOR YOUR, UH, PATIENCE THIS EVENING.

SO THANK YOU.

UH, J JAMES.

I THINK THAT BRINGS US TO THE LAST ITEM.

[11. Discussion and planning regarding Annual Internal Review Report.]

UM, CAN YOU PLEASE BRING THAT UP? SO YOU SHOULD SEE IN YOUR READERS, UH, LAST YEAR'S REPORT, UH, THIS YEAR'S REPORT WILL, WILL, UM, VERY, VERY, UH, IS LIKELY TO, UM, MIRROR THIS OR, OR IMITATE IT, UH, VERY CLOSELY.

AND TODAY WE'RE JUST GONNA TALK ABOUT, UM, ANY ADDITIONAL, UM, METRICS THAT, THAT THE COMMISSION MAY WANT TO CONSIDER OR ANYTHING THAT, UH, WE MAY BE ABLE TO PULL NUMBERS FOR, FOR, UH, TO REPORT ON FOR NEXT.

UM, UH, OR I'M SORRY, FOR, FOR THIS YEAR OR NEXT YEAR.

UM, LET'S SEE.

THE, UM, THE REPORT IS DUE AT THE END OF, UH, NEXT MONTH.

IT'S DUE TO THE, UM, UH, THE CITY CLERK'S OFFICE.

AND, UM, I THINK, YOU KNOW, AGAIN, THESE ARE, UH, LAST YEAR THE COMMISSION KIND OF, YOU KNOW, LAID OUT SOME METRICS.

AND THIS IS, YOU KNOW, WHAT WE INTEND TO, TO REPORT ON THIS YEAR.

BUT, YOU KNOW, IF YOU, FOR YOU, FOR YOU FOLKS THAT ARE NEW, THAT IF YOU WANT TO KNOW ABOUT A CERTAIN THING, UH, YOU KNOW, WE, WE CAN LOOK AT THAT.

SO THIS IS KIND OF THE TIME TO BRING THAT UP.

SO IF YOU DON'T MIND GOING TO THE PAGE TWO.

SO IF YOU'LL NOTICE, UH, I THINK IT'S NUMBER THREE.

SORRY, I CAN'T QUITE SEE IT FROM HERE.

SO THIS IS, UH, THIS IS WHERE YOU WOULD KIND OF ENUMERATE YOUR GOALS AND OBJECTIVES FOR THE COMING YEAR, OR IF YOU, AGAIN, UH, IF IT'S WITHIN OUR GRASP, WE MIGHT BE ABLE TO, UM, YOU KNOW, PULL NUMBERS FOR SOMETHING THAT YOU KNOW OF MIGHT BE OF INTEREST TO YOU.

THAT DATA BE MONITORED, RELEVANT TO THAT QUERY YOU HAD.

UH, THANK YOU JAMES.

UH, JUST, UM, I'LL SAY A FEW WORDS ON THIS.

I WOULD ENCOURAGE EVERYBODY TO JUST TAKE A FEW MINUTES.

I MEAN, I'M REALLY, YOU KNOW, IMPRESSED BY THE GROUP WE HAVE HERE.

EVERYBODY'S ALWAYS VERY THOUGHTFUL IN THEIR DELIBERATIONS ABOUT THESE CASES, AND THEY THINK THEM THROUGH ON A VERY HIGH LEVEL.

UH, AND, AND I CAN TELL THAT EACH AND EVERY ONE OF US, YOU KNOW, CARES ABOUT OUR PUBLIC SERVICE HERE.

UH, WITH THAT IN MIND, UH, I THINK THIS IS A GREAT OPPORTUNITY.

UH, TAKE, YOU KNOW, TAKE THIS HOME, LOOK IT OVER, AND IF YOU, THERE ARE QUESTIONS, UH, COMMISSIONER SHUGART, YOU HAD ONE EARLIER, YOU SAID, THIS COMES UP A LOT, YOU KNOW, MAYBE I'D LIKE TO KNOW MORE ABOUT THIS.

MAYBE THAT'S SOMETHING WE CAN ASK

[03:35:01]

UM, SO JUST, YOU KNOW, WHATEVER IT IS, TAKE THE 15 MINUTES, TAKE THE HOUR, UM, SEE IF THERE'S ANYTHING THAT YOU'D LIKE TO ADD.

YOU KNOW, IF YOU HAVE A WISHLIST, UH, AND EMAIL STA WHAT IS IT? UH, THEY'RE JUST GOING TO, WE JUST SEND IT TO Y'ALL, RIGHT? TO OUR COORDINATORS, BASICALLY, IN TERMS OF THAT.

YEAH, IF YOU, UH, YOU CAN SEND THAT TO MELANIE AND, UM, IF YOU, AGAIN, THOUGH, I MEAN, YOU KNOW, I'LL CERTAINLY, IF YOU THINK OF SOMETHING LIKE RIGHT NOW, I'LL CERTAINLY WRITE THAT DOWN.

UM, IF YOU, UM, IF YOU GO HOME AND, YOU KNOW, YOU SLEEP ON IT AND COME BACK TWO DAYS LATER AND YOU THOUGHT OF SOMETHING, YEAH, JUST PLEASE SHOOT IT OVER TO MELANIE ALLEY AND THEN WE WOULD END UP VOTING ON A FINALIZED DRAFT AT THEIR NEXT REGULAR MEETING.

SO, PRETTY STRAIGHTFORWARD, YOU KNOW, IT'S NOT ROCKET SCIENCE, IT'S NOT, YOU KNOW, PRESSING, YOU KNOW, YOU JUST, UH, TAKE IT HOME, HAVE A LOOK AT IT AND, UM, YOU KNOW, SEE WHAT YOU, SEE WHAT Y'ALL COME UP WITH.

SO THAT WOULD BE MY RECOMMENDATION.

SO YOU'LL, I I COULD EMAIL LAST YEAR REPORT EVERYONE SINCE YOU YEAH, THAT'S GOOD.

AND JUST, JUST FOR THE RECORD, UH, UH, COORDINATOR ALLIE, SHE, UH, HAS OFFERED TO EMAIL LAST YEAR SO THAT WE COULD, WE COULD SEE IT.

THAT, I THINK THAT'S WHAT I HAD IN MIND IS WHAT OKAY.

YOU KNOW, FOR THE LA MAYBE FOR THE LAST COUPLE YEARS YOU'D GET A, A LOOK, ESPECIALLY FOR FOLKS WHO HAVEN'T BEEN AROUND THAT LONG, GET A LOOK AT SORT OF THE FORMAT, SORT OF THE CATEGORIES OF THINGS THAT WE CAN, WE CAN REQUEST.

BUT, UM, WITH THAT, UH, DO WE HAVE ANY, UH, AM I OKAY TO PIVOT TO FUTURE AGENDA ITEMS? IF YOU, OR DO YOU WANNA, DID YOU WANT TO CONTINUE WITH, UH, NO, NO.

LET'S, UH, THAT'S FINE.

IF, IF WE WE'RE, WE'RE ALL DONE THERE.

WE NEED A LITTLE BIT MORE TIME THOUGH.

I THINK WE'RE DONE.

OH, ARE ARE, ARE WE NOT, UNLESS, UNLESS SOMEONE WANTS TO KIND OF SHOUT IT OUT RIGHT NOW, BUT, UH, SOMETHING THAT THEY DON'T SEE ON THIS REPORT THAT THEY WANT TO YES.

WOULD THIS BE A GOOD PLACE TO, I THINK ONE OF THE THINGS THAT WE'RE STRUGGLING WITH AS A GROUP IS THE LACK OF COUNCIL ACTION TO APPOINT MORE MEMBERS TO THIS COMMISSION.

AND IT DISTURBS ME GREATLY.

THAT PUTS THE PRESSURE ON US TO ATTEND BEING FORCED TO ATTEND THESE MEETINGS.

UH, NOT THAT I DON'T LOVE BEING WITH ALL OF YOU, BUT IT DOESN'T GIVE US ANY LEEWAY TO NOT BE HERE BECAUSE IT LAST MONTH IS WHAT HAPPENS TO US.

AND THEN THAT JAMS US UP AT THE NEXT MEETING.

AND THAT'S REALLY NOT FAIR TO US AS VOLUNTEERS.

IT'S ALSO NOT FAIR TO THE CITIZENRY TO, TO KEEP KICKING THEIR CAN DOWN THE ROAD AS WELL.

SO I'D LIKE US TO COME UP WITH SOME LANGUAGE TO PUT IN HERE TO STRONGLY ENCOURAGE THE COUNCIL MEMBERS TO TAKE ACTION TO FILL THESE POSITIONS.

AND THAT WOULD BE A PRIORITY TO THEM AS A COURTESY TO THE VOLUNTEERS THAT ARE SERVING ON THIS COMMITTEE.

UM, SO I'M A LITTLE PEEVED ABOUT IT.

, SORRY.

IT'S JUST NOT FAIR TO US AND IT'S NOT FAIR TO STAFF, RIGHT? YOU GUYS GEAR UP, YOU'RE READY TO DO THIS WHOLE THING AND THEN EVERYBODY GETS THE BOTTOM PULLED OUT.

SO IT'S COUNCIL MEMBERS, I KNOW THEY'RE BUSY, BUT THIS NEEDS TO BE A PRIORITY.

SO I'D, I'D LIKE TO SEE SOME, MAYBE SOME LANGUAGE IN THERE TO ENCOURAGE THEM TO, UM, UH, HELP US OUT ON THAT.

DOES THAT MAKE SENSE? ONE OF THE VERY FIRST METRIC THERE IS, UM, THE NUMBER OF TIMES THAT YOU, UH, THE OPPORTUNITIES YOU HAD TO MEET AND THE NUMBER OF TIMES YOU'VE MET.

UM, SO I, I GUESS YOU COULD, YOU COULD SAY SOMETHING LIKE, UM, WELL WE CAN WHIP UP SOME LANGUAGE FOR YOU.

THE, THE TWO, THE TWO TIMES THAT YOU DID MEET, YOU DIDN'T HAVE A QUORUM AND THAT'S WHY YOU DIDN'T MEET.

ITEMS WE SHOULD ADD FIVE MINUTES.

FOLKS, I'M SORRY.

I AM SEEING 10 14, SO IF THERE'S, YEAH, WE, IF THERE'S ANY FUTURE

[FUTURE AGENDA ITEMS]

MELANIE, I'LL, I'LL, I'LL EMAIL SOMETHING TO YOU AND WE'LL TRY.

SO REAL QUICK, UH, THE UM, FUTURE AGENDA ITEMS. WE HAVE, UM, 29 0 1 SWEENEY IS COMING BACK.

UM, THAT WAS THE, UH, THAT PROPERTY SHOULD HAVE COME BACK, UH, LAST MONTH.

AND, UH, WE, WE DIDN'T PUT IT ON THE AGENDA AND WE HONESTLY DIDN'T HAVE A MEETING ANYWAY, SO, UM, AND THEN WE JUST FORGOT TO PUT IT ON THIS MONTH.

BUT THIS WAS THE PROPERTY THAT, UH, IT'S LIKE A 10 UNIT, UH MM-HMM.

COMPLEX THAT, UH, YOU ORDERED BE FENCED.

AND THEN YOU WERE GOING TO, UH, REVISIT IT IN THREE MONTHS OR SOMETHING LIKE THAT.

SO, ALRIGHT.

I RECALL THAT.

UM, ANY OTHERS? DO WE, WE, DO WE NEED A MOTION TO ADJOURN OR? YEAH.