[CALL TO ORDER]
[00:00:04]
SPEEDING TO ORDER FOR AUGUST 8TH, 2024.
LET THE RECORD REFLECT THAT THE TIME IS 6:42 PM UH, MY NAME IS TIMOTHY STOAT.
I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, UH, I WILL CALL, ROLL, AND ASK FOR COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
QUICK REMINDER TO OUR COMMISSIONERS REMOTING, AND PLEASE TURN ON YOUR CAMERA AND KEEP IT ON.
UH, I'LL BEGIN WITH COMMISSIONER SOCAL HERE.
COMMISSIONER SIG HERE, VICE CHAIR CAMPBELL HERE, AND I AM HERE.
UH, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR, UH, SIX MINUTES FOR ANYBODY REQUIRING INTERPRETATION SERVICES TONIGHT.
THE COMMISSION WILL CONSIDER, UH, PARDON ME, WE'LL CONDUCT A HEARING FOR SIX CASES ON THE POSTED AGENDA.
THE COMMISSION WILL, UH, IT'LL BE SIX CASES FROM SIX PROPERTIES.
I BELIEVE THREE ARE NEW AND THREE ARE RETURNING.
UH, THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA, UH, EXCEPT THAT THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF APPROPRIATE.
ALL ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
UH, CODE REVIEW ANALYST JAMES EVERWINE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
UH, DEVELOPMENT SERVICES DEPARTMENT STAFF WILL BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY SHOULD COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, UH, OR IF YOU ARE, UH, PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
UH, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.
THE, UH, OWNER'S REPRESENTATIVE WILL BE, UH, ALLOTTED FIVE MINUTES TO CROSS EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE OWNER, UH, REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.
UM, THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER'S REPRESENTATIVES, WITNESS ABOUT THEIR TESTIMONY, UH, WHEN YOUR TIME HAS EXPIRED.
YOU SHOULD FINISH YOUR SENTENCE AND, UH, CONCLUDE YOUR PRESENTATION.
WILL OUR, UH, DESIGNATED TIMEKEEPER, PLEASE INTRODUCE YOURSELF.
JAMES GONZALEZ FOR THE CITY OF AUSTIN.
UH, AFTER THE OWNER OR REPRESENTATIVE IN 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.
UH, BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
I WILL GIVE THE PROPERTY OWNER REPRESENTATIVE, UH, OR APPELLANT AS THE CASE MAY BE THREE MINUTES TO SUMMARIZE.
UH, AND THEN AT THE DISCRETION OF THE COMMISSION, THE CITY MAY ALSO BE PERMITTED TO, UH, PRESENT A REBUTTAL SUMMATION.
AFTER ALL EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
UH, THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO THE, UH, PROPERTY REPRESENTATIVE.
UH, 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 WHEN YOUR CASE IS CALLED.
UH, WITNESSES DO TESTIFY, UH, UNDER OATH.
SO ANY PERSON THAT WISHES TO, UH, OFFER TESTIMONY BEFORE THE COMMISSION, IN ANY CASE THIS EVENING, INCLUDING THOSE REMOTING IN, UH, I WOULD ASK THAT AT THIS TIME, YOU PLEASE RISE AND RAISE YOUR, UH, RIGHT HAND SO THAT YOU MAY BE SWORN IN.
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.
SO WE DO HAVE, UH, SOME FOLKS REGISTERED FOR PUBLIC COMMUNICATION THIS EVENING.
I THINK I JUST SEE TWO, TWO CARDS REGISTERED ON THAT.
AND SO WE'LL GO AHEAD AND, AND ASK THOSE FOLKS TO COME FORWARD AT THIS TIME.
UH, IF THERE IS A JOE FORD PRESENT, UH, HE'LL COME DOWN FRONT, UM, TAKE A SEAT WHERE JAMES IS INDICATING, AND THEN, UH, LESLIE, UH, NIA, I FORGIVE, FORGIVE ME.
IS THAT RIGHT? YEAH, IF YOU'D LIKE TO COME DOWN AS WELL.
AND I BELIEVE WE, WE SAID IT'S, UH, IT'S THREE MINUTES.
UNLESS SOMEBODY IS SOMEBODY REQUIRE INTERPRETATION OR ANY NO.
THEN WHY DON'T WE JUST GO AHEAD AND WE'LL START WITH, UH, WE'LL START WITH MR. FORD, IF YOU WANNA GO AHEAD.
AND ARE THESE GOING TO BE MATTERS, UM, REGARDING ITEMS NOT POSTED ON THE AGENDA THAT, UH, SO FAR AS I CAN TELL, THEY'RE BOTH POTENTIAL
[00:05:01]
FUTURE AGENDA ITEMS? SO I, I THINK MR. FORD WANTS TO SPEAK ON A, ON A, AN APPEAL, UH, FOR 9 0 1 CESAR CHAVEZ.IS THAT RIGHT? AND SO OBVIOUSLY WE CAN'T, WE'RE NOT POSTED FOR ACTION ON THAT, BUT I'M, IT SOUNDS LIKE IT'S LIKELY A REQUEST TO CORRECT.
THAT'S, THAT'S THE APPROPRIATE TIME RIGHT NOW.
SO IF YOU'D LIKE TO, IF YOU'D LIKE TO BEGIN, THANK YOU VERY MUCH.
WE ARE THE PROPERTY MANAGEMENT COMPANY FOR THE ASSET LOCATED AT 9 0 1 EAST CESAR CHAVEZ.
UM, WE RECEIVED A NOTICE OF, UM, A VIOLATION WITH SOME INTEREST ACCRUED, AND I WANTED TO REQUEST A, UH, REDUCTION OF THE FINE.
UM, THE SEQUENCE OF TIMING FROM WHEN, UH, WE RECEIVED A PENALTY FROM WHEN WE ACTUALLY MANAGED AND OWN THE PROPERTY, OR OUR CLIENT, UH, OWNED THE PROPERTY, WAS AFTER THE DATE THAT THE ORDER WAS ENTERED.
UM, WHEN WE FIRST TOOK OVER THE PROPERTY, UH, WE IMMEDIATELY MOVED TO HAVE THE PROPERTY DEMOLISHED.
IT WAS, UH, LOCATED AT THE, UM, CORNER OF I 35 FRONTAGE ROAD AND CESAR CHAVEZ FORMER, UM, PAWN SHOP.
IT WAS A COMPLETELY DILAPIDATED BUILDING, UM, OVERRUN BY HOMELESSNESS.
AND SO WE WORKED AS DILIGENTLY AS WE POSSIBLY COULD TO GET THE STRUCTURE DEMOLISHED.
UM, WE, AS OUR, UH, CLIENT WHO ACQUIRED THE PROPERTY THROUGH FORECLOSURE IN ON A JUNE 2ND, 2021, HADN'T RECEIVED THE NOTICE OF THE VIOLATION.
UM, AND SO IF WE WOULD HAVE, I THINK WE WOULD'VE OBVIOUSLY ENGAGED, UM, YOU ALL SOONER TO EXPLAIN THE INTENT TO BE ABLE TO GET THE BUILDING DOWN.
UM, WE WERE ABLE TO GET A, A DEMO PERMIT, UM, SOMETIME IN LATE JULY, AND THEN THE BUILDING WAS COMPLETELY DEMOLISHED AND REMOVED BY, UM, SOMETIME IN MID, UH, OCTOBER.
BUT THE PENALTIES FOR THIS MATTER, WHICH THE CASE NUMBER IS, UM, CL UH, 20 21 0 3 4 9 6 3, UH, STARTED TO ACCRUE ON MAY 16TH.
UH, THE PROPERTY WAS ACTUALLY ACQUIRED THROUGH FORECLOSURE ON JUNE 2ND, AND THEN THE ACTUAL COMPLIANCE DATE WAS OCTOBER 19TH.
SO WE'RE JUST ASKING FOR SOME RELIEF ON THESE, UH, FINES AND INTEREST.
UH, 'CAUSE OBVIOUSLY IT'S A VACANT BUILDING AND INCURRING A $27,000 PLUS, UM, EXPENSE WASN'T ANTICIPATED.
AND SO WE'RE HOPING WE CAN GET SOME, SOME RELIEF ON THAT.
UM, AS INDICATED, WE'RE NOT POSTED FOR DISCUSSION OR ACTION ON THAT TONIGHT.
UH, BUT, UH, AT THE END OF OUR, UH, CASE IS WE, WE DO FUTURE AGENDA ITEMS, AND I, IF I RECALL CORRECTLY, IT TAKES ONLY TWO VOTES, UH, TO HAVE THAT ADDED TO A FUTURE AGENDA.
SO IF YOU WANNA STICK AROUND FOR THAT, YOU'RE WELCOME TO DO SO, BUT, OR YOU CAN, YOU KNOW, UM, UH, YOU DON'T HAVE TO
AND THEN, UH, WE'LL GO NEXT TO MS. UH, AND FORGIVE ME IF I'M, I'M HAVING TROUBLE WITH THE ZUNI.
HI, I, MY NAME ISLE ZUNIGA, I'M HERE WITH MERCH LIVING FOR THE MANAGEMENT COMPANY FOR CASCADE APARTMENTS, LOCATED AT 1 2 2 1 ALITA AVENUE.
UM, WE'RE ASKING TO BE PUT ON THE NEXT AGENDA SO THAT WE CAN PLEAD OUR CASE FOR PENALTY RELIEF, UM, OF THE TOTAL REDUCTION FOR THE 2022 AND 2023 FINES.
WE BOUGHT THE PROPERTY, UM, IN 2023, SO MAJORITY OF THESE FINES WERE FROM THE PREVIOUS OWNER.
UM, WHAT WAS THE, THE PROPERTY YOU SAID IT WAS ONE TWO.
AND WOULD YOU HAPPEN TO HAVE THE CASE NUMBER? I DON'T HAVE THE CASE NUMBER.
I'M SURE WE CAN, WELL, AS I ADVISE MR. FORD, WE OBVIOUSLY CAN'T ACT ON THAT TONIGHT, BUT, UH, YOU KNOW, POTENTIALLY ADD IT TO FUTURE AGENDA ITEMS, UH, IF, UM, TO COMMISSIONER SO DESIRES.
SO IF THERE'S NOTHING FURTHER.
[APPROVAL OF MINUTES]
I WILL MOVE TO, UH, AGENDA ITEM NUMBER ONE, WHICH IS APPROVAL OF THE ME MINUTES FROM OUR, UH, REGULAR MEETING ON JUNE 26TH, UH, 2024.AS A REMINDER, COMMISSIONERS NEED NOT HAVE BEEN PRESENT AT THAT MEETING TO VOTE TO APPROVE, UH, THE, UM, TO APPROVE THE MINUTES.
UH, SO HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THOSE? OKAY.
SO IF THERE'S NO DISCUSSION, UM, UH, CAN I ENTERTAIN A MOTION? DOES ANYBODY HAVE A MOTION TO, TO APPROVE THE MINUTES? MOVE APPROVAL.
UH, COMMISSIONER SHUGAR SECONDS.
UH, SO MEMBERS, YOU'VE HEARD THE MOTION, UM, OF COMMISSIONER, UH, FRANCIS, SECONDED BY COMMISSIONER SHUGAR TO APPROVE THE DRAFT MINUTES FOR OUR JUNE 26TH MEETING.
I'LL JUST PUT IT TO A VOICE VOTE.
AND ALL IN FAVOR, PLEASE SAY AYE.
THERE BEING SEVEN AYES, NO NAYS.
UH, THE MOTION CARRIES AND THE, UH, MINUTES ARE APPROVED.
SO WITH THAT, I'M GONNA TURN TO
[2. Case Number: CL 2024-022470]
OUR, UH, CASES.UH, I'M GONNA GO TO AGENDA ITEM NUMBER TWO, UH, WHICH, UH, I'M SHOWING.
[00:10:01]
SHOWS THE AGENDA SEQUENCE, UH, A LITTLE BIT DIFFERENT.SO I WANNA MAKE SURE I'M ON THE, I'M ON THE SAME PAGE AS THE CITY.
ARE WE READY TO GO FORWARD WITH CLUB WAY? IS THAT YES, SIR.
SO WHAT WE'RE DOING, WE'RE CALLING IT, UM, ITEM NUMBER TWO.
THIS IS CASE NUMBER CL 2 2 2 4 0 2 2 4 7 0, UH, CONCERNING THE PROPERTY AT 63 0 7 CLUB WAY LANE.
AND AT THIS TIME, I'LL ASK THE PROPERTY'S REPRESENTATIVE, UH, TO PLEASE, I'M TRYING TO REMEMBER IF THERE WAS SOMEONE REGISTERED ON THIS ONE.
I BELIEVE THERE IS, UH, MR. BOND, ARE YOU HERE TONIGHT? YEAH.
DO YOU WANT TO TAKE A SEAT? AND JUST VERY QUICKLY, BEFORE, UH, BEFORE I LET THE CITY BEGIN, YOU WERE SWORN JUST NOW, MR. BOND, IS THAT RIGHT? OKAY, GOOD.
UM, AND YOU DON'T HAVE ANY OTHER WITNESSES YOU INTEND TO CALL? OKAY, THANK YOU.
THEN WITH THAT, UH, I'LL LET THE CITY PROCEED.
ITEM NUMBER TWO ON THE AGENDA.
CASE NUMBER CL 2 0 2 4 DASH 0 2 2 4 70 IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6 3 0 7 CLUB WAY LANE.
THE EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN SEPTEMBER OF 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.
THERE ARE EXPIRED TRADE PERMITS FOR THE PROPERTY RELATED TO AN ADDITION OR REMODEL.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO I.
AND THE RECOMMENDED ORDER CODE INSPECTOR LATASHA PATERNO IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LATASHA PATERNO, AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 6 3 0 7 CLUB WAY LANE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS ROMAN RAMONA HIPPO OF THE SAME ADDRESS.
ON SEPTEMBER 20TH, 2023, I RECEIVED A COMPLAINT FOR THE AFOREMENTIONED PROPERTY FROM AUSTIN 3 1 1 FOR AN ABANDONED PROPERTY WITH POLICE PRESENCE.
ON THE SAME DATE, I PERFORMED AN INSPECTION WHERE I, WHERE I OBSERVED AND PHOTOGRAPHED A SINGLE FAMILY RESIDENCE UNDER REHAB CONSTRUCTION WITH AN OPEN, OPEN, AND ACCESSIBLE GARAGE, PARTIALLY MISSING REAR EXTERIOR WALL, NO INTERIOR WALLS OR MECHANICALS.
WHILE ON THE SCENE OF THE INSPECTION, I CHECKED AVAILABLE DATABASES FOR ACTIVE PERMITS, AND LEARNED THAT NEW PERMITS WERE REQUIRED AS OF MAY 16TH, 2023.
I CHECKED THE PERMITS AND LOCATED CONTACT INFORMATION FOR THE ARCHITECT WHOM I CALLED AND SPOKE WITH.
DURING THIS CONVERSATION, I OBTAINED THE CONTACT INFORMATION FOR THE OWNER AT THE TIME, MR. RICHARD BOND.
I CALLED AND TEXTED MR. BOND AND RECEIVED NO RETURN CORRESPONDENCE.
THE PROPERTY WAS SUBSEQUENTLY BOARDED AND SECURE FOR COMMUNITY SAFETY, AS WELL AS THE SAFETY AND SECURITY OF THE PROPERTY.
A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE VIOLATIONS TIMELINE FOR COMPLIANCE AND SUGGESTED REMEDY.
ON NOVEMBER 2ND OF 23, I RETURNED TO THE PROPERTY FOR A FOLLOW-UP IN INSPECTION AND OBSERVED THAT THE FRONT DOOR BOARDING HAD BEEN REMOVED BEFORE LEAVING THE PROPERTY.
THE ENTIRE PROPERTY WAS COMPLETELY SECURED.
DURING A FOLLOW-UP INSPECTION ON JANUARY 8TH, 2024, IT WAS OBSERVED THAT THE EXTERIOR OF THE PROPERTY HAD BEEN MAINTAINED, BUT NO PER PERMITS HAD BEEN REINSTATED.
IN MARCH, IT WAS LEARNED THAT THE PROPERTY OWNERSHIP HAD CHANGED TO R AND R AUSTIN INVESTMENTS, LLC OF 1 0 2 18 OPEN GATE DRIVE HERE IN AUSTIN.
THE NOTICE OF VIOLATION WAS SENT CERTIFIED MAIL TO THE NEW OWNER AND ITS REGISTERED AGENT.
THE NOTICE OF VIOLATION WAS ALSO POSTED VIA STICK AT THE PROPERTY ON MAY 8TH.
A FOLLOW-UP INSPECTION NOTED THAT THE NOTICE HAD BEEN REMOVED AS OF SEPTEMBER 19TH, 2023.
THERE HAS BEEN NO NEW CALLS FOR POLICE SERVICE AT THE RESIDENCE.
ON MAY 17TH, 2024, I RECEIVED A CALL FROM THE FINANCIAL LENDER EXPRESSING CONCERN FOR THEIR INVESTMENT, AND INQUIRING IF I HAD HAD ANY CONTACT WITH MR. BOND, FURTHER STATING THAT THEY WERE ALSO HAVING DIFFICULTIES MAKING CONTACT.
ON MAY 21ST, I RECEIVED A CALL FROM MR. BOND, BUT WAS UNABLE TO SPEAK WITH HIM, HIM ON A RETURN CALL ON AUGUST 1ST.
AGAIN, I RE, I AGAIN RECEIVED A CALL FROM ANOTHER REPRESENTATIVE FROM THE LENDER, INDICATING IN ESSENCE THAT THEY INTENDED
[00:15:01]
TO WAIT FOR THE PROCESS TO CONCLUDE WITH THE CITY ON THE SAME DATE.I SPOKE WITH MR. BOND, WHO INQUIRED WHAT WAS NEEDED TO COME INTO COMPLIANCE, FURTHER STATING THAT HIS FINANCIAL SITUATION HAD CHANGED AND HE WOULD BE PAYING THE FEES TO ACTIVATE HIS PERMITS.
AS OF TODAY, I CHECKED THE AMANDA PERMITTING SYSTEM, AND THE BUILDING PERMIT NUMBER 23 DASH 6 1 2 4 3 IS NOW IN A PENDING PERMIT STATUS.
I'M ESCALATING THIS CASE FORWARD TO, UH, DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
SO, EXHIBIT TWO A, UM, SHOWS THE CONTEXTUAL PHOTO OF ESSENTIALLY WHAT I SAW WHEN I PULLED UP ON THE DAY OF THE INITIAL INSPECTION.
UM, NEXT PHOTO, EXHIBIT TWO B.
UM, YOU COULD SEE WITH THE FRONT DOOR OPEN HOW YOU COULD SEE STRAIGHT THROUGH THE PROPERTY.
UM, YOU COULD ALSO SEE IN THIS PHOTO HOW THE ENTIRE INSIDE IS PRETTY MUCH GUTTED.
THERE ARE NO WALLS OR ANY KIND OF, UM, MECHANICALS.
NEXT PHOTO, EXHIBIT TWO C IS ALONG THE SIDE OF THE PROPERTY WHERE YOU CAN SEE THAT THE UTILITIES ARE PRETTY MUCH HANGING OFF OF THE PROPERTY.
NEXT PHOTO, EXHIBIT 2D IS ALSO A CLOSEUP SHOWING THE EXTERIOR OF THE PROPERTY AND NO UTILITIES CONNECTED.
NEXT PHOTO, EXHIBIT TWO E IS DAMAGE TO THE ROOF OF THE PROPERTY.
UM, YOU CAN SEE THE DETERIORATION WITH NOT ONLY THE ROOF, BUT THE SOFFIT IN THE FACIA.
NEXT PHOTO, EXHIBIT TWO F IS A MORE CURRENT CONTEXTUAL OF THE PROPERTY.
NEXT PHOTO, EXHIBIT TWO G IS SHOWING THAT THE STATUS IS PRETTY MUCH STILL THE SAME IN TERMS OF THE ROOF DETERIORATION.
YOU CAN SEE THAT THE EXTERIOR HAS NO, UM, EXTERIOR COVERING FOR WEATHERPROOFING.
NEXT PHOTO, EXHIBIT TWO H, AGAIN, SHOWING THE SIDE OF THE PROPERTY WHERE THE UTILITIES ARE NOT CONNECTED.
TWO I, UM, IN THE PREVIOUS PHOTOS, YOU COULD SEE STRAIGHT THROUGH TO THE PROPERTY.
IN THIS PICTURE, YOU CAN SEE WHERE THE, UH, THE BACK IS COMPLETELY BOARDED.
AGAIN, YOU CAN SEE THE, THE SOFFIT AND FASCIA FOR THE ROOF IS DETERIORATED AS WELL AS THE EXTERIOR OF THE PROPERTY.
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 WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
I STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER 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 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
UM, OKAY, JUST A BRIEF NOTE BEFORE I MOVE ON TO MY FELLOW COMMISSIONERS THAT, UH, I'M KIND OF NEW AND THE CHAIR STILL STILL GETTING THE ROPES HERE.
AND, AND ONE OF THE THINGS THAT CAME UP LAST TIME WAS, UM, I, I THINK, UH, IN OUR LAST MEETING, IT WAS POINTED OUT THAT OUR RULES AND REGULATIONS PROVIDE FOR ALLOWING THE PROPERTY OWNER REBUTTAL, UH, BEFORE WE, WE CLOSE.
UH, SO WHAT I'M GONNA DO BEFORE ENTERTAINING MOTIONS TO CLOSE THE HEARING AND, AND GO ON TO DISCUSSION AND ACTION, I WANT TO TRY TO DO A BETTER JOB THIS EVENING AND GOING FORWARD OF MAKING SURE THAT, THAT WE ADDRESS THAT.
SO I JUST WANTED TO SORT OF GIVE COMMISSIONERS A HEADS UP ABOUT THAT.
UM, THE OTHER THING IS BEFORE, UM, BEFORE MR. BOND, UH, PRESENTS, UH, I, HE ALSO SHOULD HAVE AN OPPORTUNITY, AND I THINK THIS IS IN OUR, OUR OPENING STATEMENT TONIGHT, TOO.
IT WAS A RECENT REVISION, UH, TO PRESENT ANY QUESTIONS THAT, THAT YOU HAVE, SIR, OF THE, OF THE CITY.
SO, BEFORE YOU GIVE YOUR AFFIRMATIVE PRESENTATION, DO YOU HAVE ANY, ANY QUESTIONS, UH, FOR, UH, THE CODE OFFICIAL? OKAY.
THEN WITH THAT, YOU CAN, UM, YOU CAN GO AHEAD AND, UH, YOU HAVE, UH, FIVE MINUTES TO SORT OF GIVE US YOUR, YOUR PRESENTATION AT THIS POINT.
COULD YOU ASK, COULD YOU PLEASE PRESS THE BUTTON SO YOU CAN OH, SURE.
[00:20:01]
THANK YOU.CAN YOU HEAR ME NOW? THAT'S GOOD.
I'VE, I'VE OWNED THIS PROPERTY FOR QUITE A WHILE, AND I'M, I'VE, I'M AN INVESTOR, AND SO I, I'VE ACTUALLY MADE PAYMENTS ON HARD MONEY LOANS, SO IT'S A VERY EXPENSIVE PROPERTY FOR ME.
UH, I, I ACTUALLY TRIED TO GET THE PERMIT DONE TODAY, UH, TO GET IT DONE AND REINSTATED.
UNFORTUNATELY, I'M PAST, I'M LEARNING, BUT, UH, I'M PAST THE TIMEFRAME, UH, OF OVER A YEAR, UM, TO MAKE THAT PAYMENT.
SO MY ARCHITECT WILL HAVE TO GO AND REIN, UH, GO THROUGH THE BOARD, UM, AND GO THROUGH ALL THE, THE NECESSARY, UH, ITEMS FOR, FOR IT TO BE IN COMPLIANCE AGAIN.
AND, UM, I WAS TOLD THAT, UM, IT'S GONNA TAKE 15 BUSINESS DAYS, UH, TO DO THAT.
UM, I AGREE WITH EVERYTHING THAT'S BEEN SAID ABOUT THIS PROPERTY.
I'VE ACTUALLY IMPROVED IT IN, IN A SENSE THAT I AM NOW MAINTAINING THE EXTERIOR TO MAKE SURE THAT IT'S NOT, IT'S A LITTLE BIT LESS OF A NUISANCE FOR THE NEIGHBORS.
UM, I DO HAVE AN INDIVIDUAL THAT GOES TO THE PROPERTY AND MAKE SURE THAT IT'S NOT BEING BROKEN INTO.
UM, MY FINANCIAL SITUATION HAS CHANGED TO A POINT WHERE I CAN CONTINUE AND, UH, FINISH THIS PROJECT, UH, OR GET, GET THIS PROJECT GOING AGAIN.
UM, I, PART, PART OF MY LOAN WITH MY HARD MONEY LENDER IS THAT IT'S A CONSTRUCTION LOAN AS WELL, UH, WHICH HAS A HUNDRED K UH, INVOLVED IN THAT.
AND I ALSO HAVE ADDITIONAL FUNDS THAT WILL COMPLETE IT.
UM, THIS IS, THIS IS NOT A, A VERY, UH, UNUSUAL PROJECT FOR ME.
I'VE DONE A LOT OF DIFFERENT PROJECTS FOR MYSELF AND DIFFERENT PEOPLE, UM, AROUND THE CITY.
SO THIS IS NOT SOMETHING THAT, UM, YOU KNOW, UNUSUAL AND, AND DIFFICULT.
UM, I WOULD LIKE TO HAVE THIS OPPORTUNITY TO, TO GET EVERYTHING STRAIGHT, UM, GET MY, MY PERMITS GOING, UM, BECAUSE NOW I, I ACTUALLY DON'T HAVE VERY MANY PROJECTS LEFT THAT I, I'M WORKING ON.
UH, SO IT ALLOWS ME A LOT MORE TIME FOR IT.
UM, I WAS HOPING THAT I COULD ELIMINATE THIS DAY BECAUSE MY, WHEN I SPOKE WITH MS. PATERNO, THAT IF I HAD MY PERMIT UP AND RUNNING, UM, I WOULDN'T HAVE TO BE HERE TODAY,
SO, UM, I DON'T REALLY HAVE MUCH ELSE, BUT I, I DO KNOW THAT I, IT'S SOMETHING THAT I CAN ACCOMPLISH AND MAKE MUCH BETTER FOR THE NEIGHBORS, AND I DO INTEND TO SELL IT AFTER, UH, IT'S DONE.
UH, WHAT WE'LL DO, UH, FIRST, UH, BEFORE I FORGET, I'M GONNA GO AHEAD AND ADMIT THE CITY'S EXHIBIT.
SO, UH, WITHOUT EX, PARDON ME WITHOUT OBJECTION, I'LL ADMIT EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO.
UH, I, I BELIEVE THAT IS, IS THERE OBJECTION.
HEARING NONE, UH, THE EXHIBITS ARE ADMITTED, AND THEN AT THIS TIME, I'LL OPEN IT UP TO MY, UH, FELLOW COMMISSIONERS TO ASK QUESTIONS OF THE, UH, SORRY, SORRY, CHAIR.
UM, JUST AS A FRIENDLY REMINDER THAT TECHNICALLY UNDER THE RULES, IT, UH, BOTH PARTIES ARE ACTUALLY AFFORDED AN OPPORTUNITY FOR CROSS-EXAMINATION.
AND SO TECHNICALLY, UM, AFTER GIVING THE PROPERTY OWNER AN OPPORTUNITY, THE CITY IS ACTUALLY ALSO AFFORDED AN OPPORTUNITY FOR CROSS-EXAMINATION.
SO, UH, SO BEFORE OPENING IT UP TO MY FELLOW COMMISSIONER AND ADVICE COUNSEL, DOES THE CODE OFFICIAL? NO.
UH, SO WITH THAT, UH, DO, DOES ANYONE HAVE ANY QUESTIONS? I'LL RECOGNIZE COMMISSIONER SHUGAR, AT THE RISK OF GETTING OVERLY OPTIMISTIC HERE, IT SOUNDS LIKE YOU'RE PRETTY ON BOARD WITH WHAT THE CITY FOUND 15 DAYS TO GET YOUR PERMITS.
WE'RE GIVING YOU 45 BEFORE PENALTIES EVEN START ACCRUING, UH, IS THAT CORRECT? YOU HAVE 15 DAYS ROUGHLY, AND YOU'LL BE THAT'S WHAT I WAS TOLD TODAY.
SO I, I'M HOPING THAT THAT'S, THAT HOLDS TRUE.
AND I'M, UH, MY, MY ARCHITECT IS, UM, ON BOARD AND SHE'S THE ONE THAT DOES IT FOR ME.
AND YOU'RE ALREADY SET TO MAKE ALL THE CHANGES, SO IT SOUNDS LIKE WE'RE PRETTY GOOD TO GO
UH, THANK YOU, UH, COMMISSIONER OLUGO QUESTION, QUESTION FOR THE PROPERTY OWNER.
IS YOUR PLAN TO DEMOLISH OR REPAIR THE EXISTING STRUCTURE ON THE LOT? I REPAIR THE EXISTING STRUCTURE.
WE'RE DOING AN ADDITION ON THE BACKSIDE.
UH, IF YOU SAW ONE ON ONE OF THE PICTURES, THERE'S ALREADY, UH, WHERE THE FOUNDATION WAS GONNA BE POURED, UM, LOOKS LIKE, UH, AN OUTLINE OF WHERE, WHERE IT WOULD BE.
SO THERE'LL BE AN ADDITION AND IT, IT'LL BE, UM, RE REFRAMED,
[00:25:01]
UM, ON THE ADDITION.PLUS, UH, IT, IT'LL BE AN ADDITION FOR THE ROOF AS WELL.
SO YOU'LL EXPAND ON WHAT'S CURRENTLY THERE.
YOU WANT THEM ALL SHOULD AND THEN START FROM SCRATCH.
UH, THERE, THERE'S A SUBSTANTIAL AMOUNT OF WORK THAT, UM, IS ALREADY EXISTING AND, UM, IT, IT WOULD BE A WASTE OF MONEY TO DESTROY IT.
IT DOESN'T LOOK LIKE IT FROM THE OUTSIDE, BUT ON THE, WHEN YOU WALK ON THE INSIDE, IT'S VERY DIFFERENT.
OTHER, SORRY, OTHER QUESTIONS FROM COMMISSIONERS FOR I MOVE THAT WE CLOSE THE PUBLIC HEARING.
UH, SO PERSON THANK YOU, COMMISSIONER SELICK.
PURSUANT TO, UM, UH, WHAT I MENTIONED A MOMENT AGO, I THINK IT'S, UH, IT'S ADVISABLE THAT WE, UM, ALLOW THE SUMMATIONS BEFORE I ENTERTAIN MOTION TO CLOSE, IF THAT'S OKAY.
SO, UM, BEFORE WE DO THAT, UM, I'LL JUST, I HAVE A COUPLE OF FOLLOW UP QUESTIONS FOR MR. BOND.
UH, SO YOU MENTIONED, UH, SO DO YOU HAVE A SENSE OF HOW MUCH TIME YOU NEED? AND, AND THE REASON I ASK IS THAT THE PROPOSED ORDER WOULD GIVE YOU 45 DAYS WITH, YOU KNOW, FINES TO ACCRUE ON THE 46TH.
ARE YOU COMFORTABLE WITH THAT NUMBER? UH, OR DO YOU HAVE ANY REASON TO BE CONCERNED ABOUT THAT? UM, FOR 45 DAYS, WE WOULD NOT HAVE 15 DAYS TO GET THE, UM, THE PERMIT, UH, IS PLENTY OF TIME.
UM, HOWEVER, UH, TO DO THE WHOLE PROJECT, IT IS GONNA TAKE WAY MORE THAN 45 DAYS.
UH, IT, IT'S, IT'S GONNA, I'M LOOKING AT, YOU KNOW, THREE TO SIX MONTHS.
UM, AND IN LIGHT OF THE WAY THE MARKET IS, I CERTAINLY DO NOT WANNA PUT IT ON THE MARKET WHEN IT'S COMPLETED, WHICH WILL BE WINTER.
UH, SO I, BUT IT, IT WILL BE IN, IN PROGRESS IN THE MEANTIME.
I DO ANTICIPATE TO PUT IT BACK ON THE MARKET IN THE SPRING.
UM, SO YOU MENTIONED HAVING AN ARCHITECT.
DO YOU HAVE, UH, FOR EXAMPLE, AN ENGINEER'S REPORT OR ANY, YOU KNOW, A SCHEDULE A, A PLAN OF, SHE DOES HAVE ALL OF THAT.
UH, SHE, SHE'S, UH, SHE'LL BE RESUBMITTING EVERYTHING.
I WAS NOT PREPARED TO GIVE THEM TO YOU TODAY.
BUT, UH, I'D BE HAPPY TO, UH, PROVIDE THEM, UH, FROM HER.
AND THEN, I GUESS SIMILARLY, I DO YOU HAVE A, AN OVERALL COST ESTIMATE AND YOU HAVE, UM, UH, FINANCING, UM, SECURED TO, TO ADDRESS THAT? YOU MENTIONED YOU DO, BUT YOU CAN YEAH, FROM, FROM MY, FROM MY HARD MONEY LENDER, UM, THERE, THERE'S A BUILT IN CONSTRUCTION BUDGET.
UM, IN ADDITION TO THAT, I, I ACTUALLY HAVE A CLOSING ON ONE OF MY ADDITIONAL PROPERTIES, UH, A RENTAL PROPERTY, WHICH WILL, UM, BE SUBSTANTIALLY MORE.
I DO ANTICIPATE ABOUT 140 K TO GET IT DONE.
UM, SO THE REASON I ASK IS THAT UNDER OUR RULES, AND INDEED UNDER, I THINK STATE LAW, UH, THERE ARE LIMITS TO HOW MUCH TIME WE CAN GIVE.
UH, AND THERE ARE, THERE'S EVIDENCE WE LIKE TO SEE OF PROGRESS ALONG THOSE LINES.
UH, SO AN ENG PARDON ME, LIKE AN ENGINEER'S REPORT, UM, EVIDENCE OF, YOU KNOW, FINANCIAL ABILITY.
UH, SO, UH, ORDINARILY WE CAN'T, TONIGHT, WE, WE CAN'T REALLY ACCEPT AN EXTRAORDINARY CIRCUMSTANCES GO BEYOND 45 DAYS UNLESS YOU WERE TO COME FORWARD WITH, WITH DOCUMENTARY EVIDENCE ABOUT THINGS LIKE THAT.
SO I JUST KIND OF WANTED TO, UM, TO TOUCH ON THAT.
AND THEN ALSO, UH, CAN I CONFIRM, CAN YOU CONFIRM THAT THE PROPERTY WILL BE PROPERLY SECURED PENDING WORK, SO AS NOT TO MAKE IT AN ATTRACTIVE NUISANCE OR TO ALLOW INGRESS? CORRECT.
UM, BECAUSE OF THE, THE WHOLE REAR END OF THAT HOUSE, UH, IT'S ALL BOARDED, BUT, UH, I, I WOULD NEED TO BUILD A FENCE, A TEMPORARY FENCE IN THE FRONT IN ORDER TO PREVENT PEOPLE FROM ENTERING, BECAUSE WHEN WE ARE POURING THE NEW ADDITION, WE WILL HAVE TO OPEN IT UP AGAIN.
SO, UM, IN, IN THE, IN THAT SENSE, YOU WON'T SEE THE, UM, THE OPENING FROM THE FRONT, BUT, UH, IF PEOPLE WALK AROUND THE PROPERTY, YES.
THEY, THEY CAN ENTER THE PROPERTY FROM THE REAR END, UM, UNTIL WE REFRAME THE, THE NEW ADDITION.
SO THIS EVENING, ARE YOU PREPARED TO ASSURE US THAT YOU WILL FENCE IT OR TAKE OTHER MEANS TO, UH, TO PREVENT ACCESS? UH, CORRECT.
UM, THAT, THAT'S, THAT'S WHAT I, I INTEND TO DO ONCE I GET, UH, MY PERMIT, UM, UH, APPROVED AND, AND ACTIVE.
UM, RIGHT NOW, IT, IT IS SECURE.
THERE'S, UH, NO ENTRY WAY TO GET INTO IT.
IT'S, IT'S, UM, SCREWED IN FROM THE OUTSIDE.
I'M GONNA THROW IT OPEN ONE LAST TIME IN CASE THERE ARE ANY LAST MINUTE QUESTIONS.
AND, UH, FAILING THAT, UH, YOU HAVE THREE MINUTES TO SUM UP IF YOU'D LIKE, IF YOU FEEL THE NEED TO DO SO.
YEAH, I MEAN, IT IS JUST, BRIEF MARKET HAS BEEN CHANGED,
[00:30:01]
UH, UH, TREMENDOUSLY FROM THE END OF 2022 AND, UH, CURRENT, UM, YOU KNOW, THAT, THAT'S, IF YOU'RE LOOKING AT INVESTORS, IT'S, IT'S, UH, A VERY TOUGH TIME.UM, IN FACT, A A LOT OF, A LOT OF PEOPLE HAVE LOST MULTIPLE PROPERTIES BECAUSE OF THIS.
UM, I'M NO DIFFERENT THAN ANY OF THOSE INVESTORS.
UM, THE DIFFERENCE IS, I, I DO SEE NUMBERS ON THIS PROPERTY THAT IS MUCH MORE FRUITFUL, UM, AND CON TO CONTINUE WORKING ON IT.
UM, IF I DON'T SEE THAT, THEN WE WOULD DEFINITELY DEMO IT AND SELL IT AS A LOT.
BUT, UM, IT, IT NOW THAT, UH, MY, UM, FINANCIAL, UH, SITUATION HAS CHANGED, UH, IT'D BE VERY EASY TO CONTINUE AND, AND, UM, YOU KNOW, THERE'S LOTS OF DIFFERENT EXIT STRATEGIES FOR THIS PARTICULAR PROPERTY, WHETHER IT'S, UH, A SALE OR A RENTAL ON THE BACKEND.
BUT, UM, YOU KNOW, IT'S, IT'S A, IT IS A GREAT COMMUNITY.
AND, UM, I, I WANNA MOVE FORWARD IN, IN FINISHING, FINISHING THE PROJECT.
AND LIKEWISE, UH, CODE INSPECTOR PATERNO, DO YOU HAVE ANY LAST MINUTE SUMMATION YOU'D LIKE? I DO NOT, NO.
THEN, UH, WE HAD, UH, COMMISSIONER SIG, I CAN RECOGNIZE YOU FOR THAT MOTION TO CLOSE.
SO WE HAVE A, UH, COMMISSIONER, UH, SELIG'S MOTION TO CLOSE, SECONDED BY COMMISSIONER SHUGART.
UH, IS THERE ANY OBJECTION? OKAY.
SO WITHOUT OBJECTION, THE PUBLIC HEARING IS CLOSED.
UH, MR. BOND, THAT'S ALL WE NEED FROM YOU, BUT I WOULD, I WOULD ADVISE YOU TO STAY PUT UNTIL WE GET THROUGH YOUR CASE, JUST IN CASE, UM, YOU NEED TO BE RECALLED FOR ADDITIONAL QUESTIONS.
BUT AT THIS POINT, IT'S JUST GONNA BE, UH, THE COMMISSION, COMMISSION DISCUSSING AND TAKING ACTION ON THE CASE POTENTIALLY.
SO, UM, WE DON'T NEED ANY MORE AFFIRMATIVE TESTIMONY FROM YOU AT THIS POINT.
UM, ANOTHER, SO I MENTIONED EARLIER, UH, A COUPLE OF CHANGES HAVE BEEN FROM OUR, OUR TYPICAL PRACTICE, OR AT LEAST, UH, MY PRACTICE ON THE PREVIOUS HEARING.
UM, I UNDERSTAND THAT STRICTLY SPEAKING, WE, WE SHOULDN'T HAVE DISCUSSION IN THE ABSENCE OF A PENDING MOTION.
AND I THINK, UM, DURING MY TIME WITH THIS, WITH THIS COMMISSION, AND IT'S BEEN A WHILE, I, I THINK WE'VE KIND OF DRIFTED AWAY FROM THAT PRACTICE.
UH, AND I THINK A LOT OF FOLKS, IN FACT WOULD, WOULD PREFER NOT TO HAVE A MOTION OUT THERE UNTIL THEY HAVE SOME IDEA THAT KIND OF TAKEN THE TEMPERATURE OF THE COMMISSION AND GOTTEN A SENSE FOR WHETHER IT'S LIKELY TO, TO CARRY.
SO WHAT I'D LIKE TO DO IS OFFER COMMISSIONERS MY, YOU KNOW, MY GUARD OF ASSURANCE THAT I'LL, I'LL DO MY BEST NOT TO LET SOMETHING KIND OF GO DOWN IN FLAMES.
IF THERE'S A MOTION PENDING AND IT LOOKS LIKE IT'S IN TROUBLE, WE'LL, WE'LL TALK IT OUT AND, AND, YOU KNOW, WORK ON IT BEFORE JUST, JUST PUTTING IT TO THE BODY.
BUT, UM, IN, IN THE INTEREST OF TRYING TO, YOU KNOW, CONFORM MORE CLOSELY TO TRADITIONAL DELIBERATIVE BODY PROCEDURE, UH, I WOULD LIKE TO ENTERTAIN A MOTION BEFORE, UH, WE HAVE ANY DISCUSSION, AND I WILL, UH, RECOGNIZE THAT I SEE VICE CHAIR CAMPBELL MM-HMM,
UH, I'LL MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMEND ORDER.
SO, UH, I MEMBERS THE MOTION IS, UH, VICE CHAIR CAMPBELL'S MOTION TO CLOSE AND ADOPT, RATHER TO ADOPT STAFF FINDINGS OF FACT AND RECOMMENDED ORDER SECONDED BY COMMISSIONER SLUGO, UH, AS THE AUTHOR.
I WILL LET, UM, UH, VICE CHAIR CAMPBELL BEGIN IF YOU'D LIKE TO DISCUSS.
UH, YEAH, IT SEEMS LIKE WE, FOR THE MOST PART, SEEM IN AGREEMENT, UM, PER, PERHAPS THAT'S NOT QUITE THE CASE, BUT, UM, IT SEEMS LIKE THEY'RE ON TRACK TO GET THE PERMITS WITHIN THE TIMEFRAME AND MAKE GOOD PROGRESS.
SO I DON'T SEE ANY REASON TO AMEND THE ORDER.
WELL, UH, I, UH, IT SOUNDS LIKE IT MIGHT HAVE A CHANCE.
I WANNA MAKE SURE I, UH, COMMISSIONER SOCAL, UH, MAKE SURE I DIDN'T MISS ANYTHING.
THEN I'M GONNA GO AHEAD AND PUT THE QUESTION TO THE COMMISSION, AND, UH, THIS WILL BE A ROLL CALL VOTE, AND I'LL BEGIN WITH, UH, COMMISSIONER SOCAL, UH, AFFIRM.
AYE, UH, COMMISSIONER OLUGO IN FAVOR, COMMISSIONER FRANCIS.
AYE, UH, VICE CHAIR CAMPBELL AYE.
THERE BEING SEVEN AYES AND NO NAYS? UH, THE MOTION IS ADOPTED AND SO, PARDON ME.
SO THE PROPERTY REPRESENTATIVE WILL RECEIVE A COPY OF THIS ORDER BY CERTIFIED MAIL FROM THE CODE OFFICIAL.
AND, UH, THIS CONCLUDES THE HEARING ON THIS CASE.
AND I WILL MOVE ON TO AGENDA ITEM
[3. Case Number: CL 2024-068535]
[00:35:01]
NUMBER THREE.UH, THIS IS, UH, THE, UH, GRAYSON LANE CASE, AND I WANT TO GIVE THE OWNERS A, A MOMENT, UH, PROPERTY REPRESENTATIVES A MOMENT TO GET DOWN FRONT.
DO WE HAVE, SORRY, DO WE HAVE MICHELLE ALLEN? IS THAT RIGHT? AND HAVE YOU BEEN SWORN? MS. ALLEN? OKAY.
ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER SEAL 2024 DASH 6 85 35, AND IS REGARDING THE PROPERTY LOCATED AT 3 8 1 1 GRAYSON LANE.
THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE WITH SUBSTANDARD AND DANGEROUS CONDITIONS THAT REQUIRES DEMOLITION.
THE EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN FEBRUARY OF 2024.
AS THE RESULT OF A COMPLAINT, THE RESIDENTIAL STRUCTURE APPEARS VACANT, THUS CREATING AN ATTRACTIVE NUISANCE IN A NEIGHBORHOOD BLIGHT CONDITION, WHICH REQUIRES DEMOLITION.
THE PROPERTY IS NOT A HOMESTEAD TO DATE.
THERE IS NO RECORD OF A PERMIT APPLICATION FOR REPAIR OR DEMOLITION IN THE CITY'S PERMIT DATABASE.
IN YOUR READERS IN 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 A VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOF OF MAILING FOR EACH NOTICE, PHOTOS OF THE REQUIRED POSTINGS, AND, UH, THE PUBLIC NOTICE IN THE NEWSPAPER.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO N AND THE RECOMMENDED ORDER, UM, CODE INSPECTOR MICHAEL LARNER IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED.
INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS MICHAEL LARNER, AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL SINGLE STORY HOUSE LOCATED AT 38 11 GRAYSON LANE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS LONE STAR CAPITAL HOLDINGS.
PARDON ME, MR. LARNER? UH, I THINK THE PROPERTY OWNER REPRESENTATIVE IS HAVING DIFFICULTY HEARING, IS THAT RIGHT? UM, I DUNNO, IF YOU WANNA LEAN IN A LITTLE BIT, I CAN HEAR YOU FINE, BUT SHE'S, SHE'S INDICATING THAT SHE CAN'T HEAR, SO, OKAY.
SHOULD I START OVER? IS THAT, IS THAT BETTER? OKAY.
AS FAR AS THIS CAN GO, I'LL, I'LL BEGIN AGAIN, IF THAT'S OKAY.
I'M, I'M SORRY FOR THE INTERRUPTION.
UH, GOOD EVENING, COMMISSIONERS.
I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL SINGLE STORY HOUSE LOCATED, LOCATED AT 38 11 GRAYSON LANE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS LONE STAR CAPITAL HOLDINGS LLC ON FEBRUARY THE 12TH, 2024.
I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 38 11 GRAYSON LANE VIA THREE ONE ONE CALL FOR ABANDONED OPEN STRUCTURE BUILDING UNSAFE AND DANGEROUS CONDITION OUTSIDE AND INSIDE THIS STRUCTURE.
ON FEBRUARY THE 12TH, 2024, I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
THERE WAS A LARGE HOLE IN THE ROOF, UH, THERE WAS NO ROOF AT ALL ON THE HOUSE.
THERE WERE BROKEN AND MISSING WINDOWS THAT WERE DAMAGED AND CRACKED.
EXTERIOR WALLS, UNFINISHED GARAGE, UM, UNFINISHED EXTERIOR WALLS ON THE EAST AND WEST SIDE OF THE HOUSE, ROTTED FACE SHIELD BOARDS, AND NO GAS OR ELECTRIC METER.
UH, DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION ON FEBRUARY THE 12TH, 2024, AND AGAIN ON APRIL THE 10TH, 2024, I PERFORMED A FOLLOW-UP INSPECTIONS ON APRIL THE 17TH, APRIL THE 24TH, MAY 30TH, JULY 3RD, AND JULY 18TH, AND OBSERVED THAT THE VIOLATIONS HAD NOT BEEN CORRECTED AND ALL VIOLATIONS REMAIN THE SAME.
AS OF JULY 3RD, 2024, ALL WINDOWS AND DOORS HAVE BEEN BOARDED UP.
PROPERTY IS CURRENTLY LISTED FOR SALE.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
UH, PHOTOGRAPH TWO A, SHOWING THE FRONT OF THE HOUSE.
NEXT PHOTO, UH, PHOTOGRAPH TWO B IS ALSO THE ADDRESS AT 38 11 GRAYSON LANE WITH SOME OF THE, UH, WINDOWS BOARDED UP AT THAT AT THAT TIME.
NEXT PHOTO, PHOTOGRAPH TWO C IS A PHOTOGRAPH OF THE ROOF THAT IS NO ROOF ON THERE AT ALL, NO SHINGLES,
[00:40:01]
NO METAL ROOFING OR ANYTHING.UM, THE WINDOWS HAVE BEEN BOARDED UP.
THE NOTICES OF VIOLATION HAVE BEEN POSTED TO THE FRONT DOOR, ALSO WITH THE YELLOW PLACARD CARD STATING THAT THE HOUSE, UH, WAS UNSAFE.
ALSO, THE WALKWAY UP TO THE FRONT DOOR, AS YOU CAN SEE, THE CONCRETE IS MISSING.
UM, NOT SURE WHAT HAPPENED TO IT, BUT IT'S, UH, COMPLETELY GONE, MAKING IT AT A HAZARDOUS, UH, WALKWAY AT THAT TIME.
NEXT PHOTOGRAPH, PHOTOGRAPH 2D IS ALSO A PHOTOGRAPH OF THE FRONT OF THE HOUSE SHOWING THE ROOF A BETTER, UH, CONDITION OF THE ROOF AND ALL THE DOORS AND WINDOWS BEING BOARDED UP AT THAT TIME.
PHOTOGRAPH TWO E IS THE GARAGE, WHICH IS UNFINISHED, UH, COMPLETELY, UH, VACANT ON THE INSIDE.
THE, UH, THERE'S NO ROOF ON THIS PARTICULAR DETACHMENT GARAGE AS WELL.
NEXT PHOTO, THIS IS A CLOSEUP OF THE DETACHED GARAGE.
AS YOU CAN SEE, IT'S JUST THE SUPPORT BEAMS AND JUST A CONCRETE, UH, SLAB.
PHOTOGRAPH TWO G IS THE SIDE OF THE HOUSE SHOWING THE UPPER PART NEAR THE ROOF LINE HAS UNCOMPLETED, WHICH IS OPEN FOR CRITTERS, UM, BIRDS OF SUCH NATURE COULD, COULD GET INSIDE.
NEXT PHOTO, THIS IS MORE THE FRONT OF THE HOUSE.
YOU CAN SEE THE ROOF LINE IS DETERIORATED AND THE FACIA BOARDS ARE ROTTED.
IT IS ALSO OPEN NEAR THE TOP OF THE ROOF LINE DOWN IN THE CORNER.
UH, RIGHT PART OF THE, UH, PHOTOGRAPH.
YOU CAN SEE THE OPENING WHERE THE FOUNDATION WALL HAS A HOLE IN IT.
NEXT PHOTO, THERE'S A BETTER PHOTOGRAPH.
TWO I IS THE BETTER PHOTOGRAPH OF THE FOUNDATION OF THE HOUSE, WHICH IS THE CRACKED AND, UH, DISINTEGRATING.
NEXT PHOTO, TWO J IS ALSO A PHOTOGRAPH OF THE CRACK FOUNDATION.
THIS IS ON THE CORNER OF THE HOUSE, NEAR THE FRONT.
THIS IS THE BACK OF THE HOUSE WHERE A LARGE TREE HAD FALLEN ONTO THE, TO THE, UH, ROOF CAUSING DAMAGE.
UH, AS YOU CAN SEE, IS PRETTY EXTENSIVE.
ALSO, THE UNDERSIDE, UH, UH, FACIA BOARDS ARE, ARE NOT THERE.
THIS IS A CLOSER PHOTO OF THE WALKWAY WITH THE CONCRETE, WHICH IS MISSING, UH, CREATING A, A DANGEROUS HAZARD.
NEXT PHOTO TWO M IS THE GAS METER, WHICH THERE IS NO GAS AT THIS PARTICULAR HOUSE, AND I THINK IT'S, UH, BEEN GONE FOR SOME TIME.
NEXT, PHOTO TWO N IS THE PLACARD WARNING CARD WITH THE NOTICES OF VIOLATION POSTED TO THE FRONT DOOR.
UM, THAT, UH, CONCLUDES MY TESTIMONY, UH, IN THIS CASE.
UH, I'M AVAILABLE TO ANSWER ANY QUESTIONS IF SHE HAS SOME.
UM, AND THEN MS. ALLEN, YOU, UH, DO YOU HAVE ANY QUESTIONS FOR THE, FOR THE CO CHAIR? SORRY, CAN I FINISH THE, OH, I'M SO SORRY, PLEASE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH DANGEROUS AND SUBSTANDARD CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO N.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURE, AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED, AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURE AND ANY ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED, UH, BY THE CITY OF AUSTIN AND RECORDED WITH TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, AT THIS TIME I'LL, UH, I'LL GO AHEAD AND ADMIT, UH, WITHOUT OBJECTION, I'LL ADMIT CITY'S EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO N.
HEARING NONE, UH, THOSE, UH, EXHIBITS ARE ADMITTED.
AND THEN, UM, I'LL TURN TO I, WELL, I'M TOLD WE HAVE A, IS THERE A JUSTIN HUFF, UH, WHO'S REGISTERED? IS THAT RIGHT? IS HE ONLINE OR IS OKAY.
AND, UH, I DON'T KNOW IF YOU HAVE A PREFERENCE, MS. ALLEN, AS TO WHO GOES FIRST TO
[00:45:01]
MR. HUFF FOR YOURSELF? UH, CAN YOU HEAR ME? WE CAN, WELL, I CANI CAN'T, I CAN'T, I CAN'T HEAR.
WELL, THAT'S WHY I WAS ASKING TO SPEAK UP.
WHICHEVER JUSTIN CHOOSES TO DO.
I'M JUST THE ROLE TOWARD THAT AS HERE ON THEIR BEHALF, BECAUSE I AM THE LISTING BROKER.
I, I SEE MR. HUFF, ARE YOU ABLE TO, CAN YOU HEAR US? LOOKS LIKE HE'S BEING UNMUTED AS WE SPEAK.
UM, BEAR WITH US JUST A MOMENT THERE.
UH, WERE YOU ABLE TO HEAR, UH, INSPECTOR LERNER'S PRESENTATION? I WAS, YES.
AND, UH, SO MR. HUFF, THE WAY THIS WORKS, UH, YOU WILL HAVE FIVE MINUTES TO PRESENT, UH, YOUR CASE AS A PROPERTIES REPRESENTATIVE.
UH, THE, UM, BUT BEFORE DOING SO, YOU HAVE THE OPTION TO, UH, ASK QUESTIONS OF, UH, INSPECTOR LARNER, IF YOU HAVE ANY.
UH, DO YOU HAVE ANY QUESTIONS? UM, I DON'T HAVE ANY QUESTIONS AT THIS TIME, BUT, UM, I CAN, I I'M READY TO SPEAK WHENEVER.
OKAY, THEN WE'LL GO AHEAD AND YOU HAVE, YOU HAVE FIVE MINUTES AND, AND PLEASE PROCEED.
UM, SO, UH, JUST TO SET THE RECORD STRAIGHT, UM, THE, THE CURRENT PROPERTY OWNER IS TORA CAPITAL PARTNERS.
WE ACQUIRED THE PROPERTY VIA FORECLOSURE ON JUNE 4TH, 2024.
UM, THE PRIOR, UH, OWNER WAS THE LONE STAR, I THINK IT'S, UH, LONE STAR.
UM, AND THEY WERE, UM, WE WENT THROUGH, UH, AS A LENDER, WE, WE, UH, TOOK THE PROPERTY BACK IN FORECLOSURE.
UM, THEY, UH, FORECLOSED ON MULTIPLE PROPERTIES.
AND SO WE ACQUIRED THIS, UH, THIS DEBT.
UM, AND SO OUR, WHAT WE'RE TRYING TO DO, UM, AT TODAY'S HEARING, UH, IS BASICALLY ASK FOR A CONTINUANCE, UM, AND ASK THAT YOU COOPERATE WITH US AND NOT, UH, DEMOLISH THE PROPERTY.
UM, WE HAVE ACQUIRED A, A BUYER AT THIS POINT, AND WE HAVE A, UH, PURCHASE CONTRACT ON THE PROPERTY.
UM, SO WHAT WE'D LIKE TO DO IS, UH, UM, YOU KNOW, SOLIDIFY A SALE AND THE BUYER WILL, UH, OF COURSE, UH, PURCHASE THE PROPERTY AND, UH, YOU KNOW, THEY WOULD BE, UH, DOING THE REMODEL OF THE HOME.
UM, SO, SO, YOU KNOW, AS, AS AS I'M HERE REPRESENTING THE OWNER TODAY, YOU KNOW, WHO ACQUIRED THE PROPERTY VIA FORECLOSURE, UM, WE WERE UNBEKNOWNST TO THESE, UH, THESE ISSUES.
AND SO WHEN WE, YOU KNOW, WE ACQUIRED THIS IN JUNE, UM, YOU KNOW, WE, WE OBVIOUSLY, UH, HAVE MS. ALLEN HERE AS OUR REPRESENTATION.
AND SHE IMMEDIATELY, YOU KNOW, TOOK ACTION TO, UH, CLEAN UP THE PROPERTY, SECURE THE PROPERTY, UM, AND THEN, YOU KNOW, MAKE IT, UH, AVAILABLE.
UH, SO WE COULD, YOU KNOW, BASICALLY, UH, PUT THIS ON THE MARKET AND LIST THE PROPERTY AND SELL THE PROPERTY.
SO, UM, WE HAVE, UM, AND WE WERE ABLE TO SECURE A BUYER.
SO WHAT WE'RE ASKING TODAY IS, UH, COOPERATION, UM, THAT, YOU KNOW, WE CAN GET A CONTINUANCE OR WHAT IS NECESSARY THAT YOU GUYS DO NOT DEMOLISH THE PROPERTY AND ALLOW US TO, UH, SOLIDIFY OUR SALE WITH A BUYER, UM, SO THEY CAN REMODEL THE HOME.
UH, I THINK WE ORDINARILY GIVE FIVE MINUTES PER SIDE RATHER THAN PER PERSON, BUT I THINK THAT THERE'S SOME TIME REMAINING.
UH, SO MS. ALLEN, DO YOU HAVE ANYTHING TO ADD TO MR. HUFF'S TESTIMONY? AND REMEMBER TO TURN ON YOUR MIC IF YOU DO.
I DID NOT KNOW THERE WAS FIVE MINUTES PER SIDE, OTHERWISE, I WOULD'VE ASKED TO GO FIRST.
UH, SO I EMAILED, UH, PRIOR TO TODAY'S PRESENTA TO TONIGHT'S MEETING, A PRESENTATION PACKAGE.
ALL OF Y'ALL SHOULD HAVE THAT.
I'VE BEEN A REAL ESTATE BROKER NOW FOR 25 YEARS.
WHAT I CAN TELL YOU THOUGH ABOUT TORIC CAPITAL IS THEY'RE QUICK, THEY'RE CONCISE, THEY TAKE CARE OF THEIR PROPERTIES.
EVERY WEEK I DO AN ASSET INSPECTION.
AS A MATTER OF FACT, I DID ONE AGAIN TODAY AT THE PROPERTY AT 3 8 1 1 GRAYSON LANE.
I'D LIKE TO GO THROUGH THE, UM, THE PAPERWORK THAT I HAVE WITH YOU SO THAT WAY YOU CAN SEE THE TIMELINE.
ANYTIME A FORECLOSURE IS DONE, THERE IS IMMEDIATE ACTION THAT'S TAKEN IN ORDER TO MAKE SURE THAT THE PROPERTY IS SECURE, THAT IT IS CLEANED UP.
AS WELL AS I INTRODUCED MYSELF TO ALL OF THE NEIGHBORS, BECAUSE MY BELIEF IS THAT WE WORKED TOGETHER TO KEEP UNWANTED PEOPLE OUT OF THE PROPERTY.
WHEN WE DID TAKE POSSESSION OF THIS PROPERTY, IT WAS IN BAD CONDITION.
[00:50:01]
WHAT I UNDERSTAND, IN SPEAKING WITH THE PREVIOUS REALTOR, WHO WAS ALSO PART OF LONE STAR, UM, CAPITAL, WHICH I DIDN'T KNOW AT THE TIME, THEY, UM, THEY APPARENTLY DIDN'T GET PERMITS PER ALEJANDRO.ALEJANDRO, WHO I BELIEVE MIGHT HAVE BEEN THE PERSON WHO MADE THE COMPLAINT, UH, THEY'VE WRITTEN A LETTER ON OUR BEHALF, BECAUSE AGAIN, WE'VE GONE IN, WE'VE CLEANED UP EVERYTHING THAT WE CAN POSSIBLY DO.
WE'VE GONE IN THERE AND DONE THAT.
I ALSO HAVE MULTIPLE FOUNDATION BIDS, ONE FROM DOUGLAS FOUNDATION, AS WELL AS ONE FROM BATS.
I ONLY WORK WITH DOUGLAS SYNTEX AND BATS BECAUSE THEY'RE THE ONLY FOUNDATION COMPANIES THAT ARE STILL IN BUSINESS.
SO WE PREPARED FOUNDATION BIDS SO THAT WAY WE CAN EDUCATE POSSIBLE BUYERS.
CAN THIS PROPERTY BE REMODELED OR DOES IT NEED TO BE DEMOLISHED? BECAUSE AS THE SELLER, THE SELLER NEEDS TO KNOW THAT AS WELL, SO THAT WAY THEY CAN PRICE THE PROPERTY PROPERLY IN ORDER TO SELL IT.
WE'VE HAD MULTIPLE SHOWINGS, BUT THREE VERY INTERESTED PARTIES THAT ACTUALLY WENT INTO THE PROPERTY.
AND WE HAD A HOLD HARMLESS AGREEMENT SIGNED BY EVERYBODY.
LIKE I SAID, IT'S FULLY SECURED.
UM, AND ONE OF THEM DID PRESENT THE OFFER.
THE ONLY REASON THAT WE ACTUALLY JUST GOT THAT OFFER, UH, FINALIZED, AND I DON'T HAVE THAT BECAUSE BY LAW I'M NOT ABLE TO SHARE LEGAL INFORMATION FROM THE PARTIES, FROM BUYERS AND SELLERS WITH YOU ALL.
I'D LOSE MY LICENSE, AND IT'S NOT WORTH THAT.
I'M SORRY, BUT THE, BUT I CAN SHARE YOU AN EXECUTION PAGE.
I DON'T HAVE THAT WITH ME, BUT I CAN SHARE THE EXECUTION PAGE.
I JUST HAVE TO REDACT THE NAMES.
BUT THE REASON WHY WE DID ALL OF THE, UH, INFORMATION ABOVE AND IN FRONT WAS THAT WAY WE CAN MAKE SURE THAT WE HAVE A GOOD BUYER, A BUYER THAT CAN ACTUALLY REHAB THIS PROPERTY AND MAKE IT PRESENTABLE TO THE NEIGHBORHOOD, AS WELL AS, OF COURSE, THE CITY OF AUSTIN.
ANOTHER ITEM I'D LIKE TO BRING TO YOUR ATTENTION, IF AT ALL POSSIBLE, WAS WHEN I SPOKE, UH, PER MY TIMELINE HERE, I IMMEDIATELY REACHED OUT TO, UH, MICHAEL LAUNER.
PART OF MY JOB IS TO VERIFY ANY CODE VIOLATIONS AS NOTED ON MY PRESENTATION.
AGAIN, YOU ALL SHOULD HAVE A COPY OF THIS.
THESE ASSET, THESE TASKS HAVE TO BE DONE IMMEDIATELY, OR I DON'T GET TO WORK WITH THESE CLIENTS ANYMORE, NOR ANY OF THE OTHER PROPERTIES.
I DID REO BACK IN 2007, UH, VOLUME, SO I KNOW HOW THESE THINGS WORK.
WE IMMEDIATELY LOOKED FOR CODE VIOLATIONS AND THERE WAS NOT A CODE VIOLATION AT THE TIME.
WHEN I LOOKED, I IMMEDIATELY REACHED OUT TO, UM, CODE OFFICER MICHAEL LO, MICHAEL LARNER, WHO'S BEEN VERY HELPFUL.
HE WAS NOT AVAILABLE, HE WAS NOT IN TOWN.
AND I BELIEVE HE WAS OUT OF THE OFFICE.
BUT THEN WHEN I DID REACH OUT TO HIM, I EXPLAINED EVERYTHING THAT WE WERE DOING, MAKING SURE THAT HE KNEW THAT WE WENT IN, WE IMMEDIATELY SECURED THE PROPERTY.
WE TOOK DOWN ALL THE BIG DOWNED TREES THAT WERE ON THE PROPERTY.
ALL OF THE TRASH, ALL OF THE DEBRIS THAT WAS ON THAT PROPERTY.
I DON'T ACCEPT ANYTHING LESS FROM MY VENDORS.
AND AS A MATTER OF FACT, I MADE THEM GO BACK THE OTHER DAY BECAUSE THEIR GUY MOWED OVER SOME PAPER THAT WAS AT THE PROPERTY.
I'M LIKE, NO, THAT'S NOT ACCEPTABLE.
THEY WANNA MAKE SURE THEY'RE GOOD NEIGHBORS.
THEN WE ALSO SECURED THE DOORS.
AND THEN THE OTHER PART, I WANNA MAKE SURE THAT Y'ALL KNOW, MS. ALLEN, I, I'M SORRY TO INTERRUPT, BUT YOU DO HAVE ONE MINUTE REMAINING.
THE OTHER PART I WANNA MAKE SURE THAT Y'ALL ARE AWARE OF IS THAT THE LONE STAR CAPITAL HOLDINGS, WE WERE NOT AWARE OF THAT.
TORA CAPITAL WAS NOT AWARE OF ANYTHING, NOR WAS ANYTHING ON THE CODE VIOLATIONS.
NONE OF THAT INFORMATION WAS AVAILABLE.
AND AS SOON AS I DID SEE THE YELLOW NOTICE ON THE DOOR, AND I HAD SPOKEN WITH MICHAEL LORNA LERNER, I LET THE SELLERS KNOW IMMEDIATELY.
AND I, AND I BELIEVE HE CAN ATTEST THAT I'VE SPOKEN AND I'VE REACHED OUT MULTIPLE TIMES AS WELL AS TO ANYONE ELSE, MAKING SURE THAT Y'ALL KNOW WE ARE WORKING AS HARD AS WE CAN, AS DILIGENTLY AS WE CAN.
THE OWNERS ARE AT A MULTIPLE HUNDRED THOUSAND DOLLARS LOSS ON THIS PROPERTY AS IT IS BECAUSE IT WAS FORECLOSED.
THE COMPANY HAD, THE PREVIOUS SELLER HAD IT ON THE MARKET FOR 700 SOMETHING THOUSAND.
BUT AT THE END OF THE DAY, WE HAVE A VIABLE BUYER.
AND THE, AND I KNOW THE PEOPLE THAT ARE, THAT THE REAL ESTATE BROKERAGE, THEY ARE VERY, THEY'RE VERY STRINGENT WITH ANY INVESTORS OR ANY BUYERS THEY WORK WITH.
SO I KNOW THAT THEY WILL GET THIS PROPERTY REHABBED.
I KNOW THAT THEY WILL MAKE SURE THAT IT BECOMES A BEAUTIFUL HOME ONCE AGAIN.
AND ALL WE'RE ASKING IS, PLEASE DO NOT, UM, PLEASE DO NOT.
UH, I, I'M NOT, I DON'T KNOW THE WORD I'M LOOKING FOR.
[00:55:01]
THE CURRENT SELLER, WHICH IS TORA CAPITAL, BECAUSE THANK YOU.AND, UM, BECAUSE OBVIOUSLY YOU AND MS. MR. HUFF BOTH HAVE, UH, CONTRIBUTIONS HERE.
DO YOU HAVE ANY QUESTIONS FOR INSPECTOR LERNER? I DO.
SO, INSPECTOR LERNER, I SAW THAT, UM, AND, AND UNDERSTANDING WHEN YOU WERE TALKING, AND I REALLY APPRECIATE YOU BY THE WAY.
UM, I SAW ON YOUR, ON, ON YOUR ITEMS TWO H, TWO I AND TWO J ON YOUR PHOTOS AND LOOKING AT THOSE PHOTOS, DID YOU, YOU SAID THAT THOSE WERE FOUNDATION, BUT THEY WERE ACTUALLY NOT FOUNDATION.
THEY WERE EXTERIOR SIDEWALLS, THE FOUNDATION.
COULD, COULD YOU TELL THAT THE FOUNDATION HAS ACTUALLY HAD WORK DONE TO IT PREVIOUSLY THROUGHOUT THE PROPERTY IN MULTIPLE AREAS? UH, NO, I CANNOT.
UH, I JUST NOTICED THE, THE HOLE IN THE WALL AND THE, THE CRACK IN THE EXTERIOR WALL NEAR THE CORNER OF THE HOUSE.
SO THAT CRACK WAS FROM PREVIOUS FOUNDATION REPAIR PRIOR TO THE PREVIOUS FOUNDATION REPAIR.
AND, AND THOSE CRACKS ARE TYPICAL FOR THE WALLS.
YOU, YOU KNOW THAT, RIGHT? NO, I DON'T KNOW THAT.
SO I, CAN I CLARIFY THAT OR AT, AT THIS, AT THIS STAGE, I THINK, UH, IT'S APPROPRIATE THAT YOUR JUST QUESTIONS, QUESTIONS RATHER THAN TESTIMONY.
YOU HAD MENTIONED THAT THE CASE HAD BEEN OPEN ON 2 24, THAT YOU HAD RECEIVED THE COMPLAINT ON 2 12 24, UM, AND THAT YOU WENT BACK OUT THERE, UM, ON TWO 12 AND AGAIN ON FOUR 10 PRIOR TO, UH, TO WRECK ACTUALLY DOING IT.
BUT THE LAST TIME WHEN YOU'VE GONE OUT TO THE PROPERTY, OR THE LAST COUPLE OF TIMES, I DIDN'T WRITE THE DATES DOWN.
CAN YOU ALSO AGREE THAT THE PROPERTY IS STILL REMAINING CLEAN AND THAT THERE'S NOT BEEN ANY ADDITIONAL DAMAGE? THERE'S NOT BEEN ANY ADDITIONAL TRASH THAT'S BEEN AT THE PROPERTY? THAT