[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 IS CORRECT.
UH, GRASS HAS BEEN MOWED, THE DOORS AND WINDOWS.
THERE WERE A FEW WINDOWS THAT WERE OPEN AT THE TIME, BUT EVERYTHING'S BEEN BOARDED UP AND SECURED.
UM, BUT YES, UH, THE, THE OVERGROWN VISITATION, THE TREE THAT WAS HANGING ON THE HOUSE IN THE BACK HAS ALL BEEN CLEARED OUT.
AND DO YOU REMEMBER THE DATES THAT THE WINDOWS WERE SECURE AND THE PROPERTY WAS CLEANED UP? 'CAUSE YOU MENTIONED THAT YOU'VE BEEN THERE SEVERAL TIMES.
IT MAY HAVE BEEN SOMETIME IN JUNE OR EARLY JULY, I BELIEVE.
UH, AND WE'RE GONNA LET, UH, INSPECTOR LERNER, DO YOU HAVE ANY QUESTIONS FOR EITHER MR. HUFF OR MS UH ALLEN? NO, NOT AT THIS TIME.
SO BEFORE, UH, OPENING IT TO THE COMMISSION, I'M GOING TO, WITHOUT OBJECTION, I'M GOING TO ADMIT THE OWNER REPRESENTATIVES EXHIBITS THAT MS. ALLEN SHARED WITH US.
DO WE HAVE ANY OBJECTION? OKAY, HEARING NONE, THOSE EXHIBITS ARE ADMITTED.
AND NOW, UH, DO THE, DO MY FELLOW COMMISSIONERS HAVE ANY QUESTIONS FOR EITHER THE, UH, CODE OFFICIALS OR THE PROPERTY REPRESENTATIVES? UH, COMMISSIONER OLUGO.
UM, QUESTION FOR THE, UM, I GUESS NOT PROPERTY OWNER, BUT THE PROPERTY OWNER'S REPRESENTATIVE, UM, YOU MENTIONED YOU HAD SEVERAL BITS FROM, UM, UH, FOUNDATION COMPANIES.
HAVE YOU GOTTEN ANY INFORMATION AS TO WHETHER THE FOUNDATION IS REUSABLE OR WHETHER THIS, THIS STRUCTURAL WILL GET DEMOED ANYWAYS? I, I DON'T UNDERSTAND.
DO, CAN YOU REPEAT THAT, PLEASE? I'M SORRY.
IS THERE A WORLD IN WHICH THIS CURRENT STRUCTURE WILL NOT BE DEMOLISHED? THE STRUCTURE IS GOING TO BE REHABBED.
THE FOUNDATION BITS THAT WE RECEIVED WERE SPECIFICALLY TO ENSURE TO OR TO KNOW DID IT NEED TO BE DEMOLISHED OR COULD IT BE REHABBED? AND BOTH FOUNDATION COMPANIES HAD ACTUALLY BEEN OUT TO THE PROPERTY, UH, WHEN LONE STAR TOOK POSSESSION OF IT.
BUT BECAUSE THEY ARE NOT CHEAP.
AND IT HAD SHOWN PREVIOUS FOUNDATION WORK THAT HAD BEEN DONE BY LONE STAR.
BUT THEN AGAIN, IT STILL NEEDED, NEEDED A CORRECTION.
'CAUSE WHOEVER DID IT WAS PROBABLY A
[01:00:01]
FLY BY NIGHT, BUT, OKAY.BUT THESE COMPANIES ARE NOT, I ASSURE YOU.
SO THEN THE, THE EON GET DEMOED.
NOW, UH, VICE CHAIR CAMPBELL, UH, SO THIS IS ALSO A QUESTION FOR MS. ALLEN OR, OR MR. HOFFAN, IF YOU WOULD LIKE.
UM, I AM JUST CURIOUS, THE RECOMMENDED ORDER THAT STAFFS PRESENTED HERE, UM, WOULD ASK US TO ORDER THE DEMOLITION TO OCCUR WITHIN 45 DAYS.
UM, IS THERE, AND I KNOW YOU'RE ASKING FOR A CONTINUANCE, TYPICALLY WE'RE RESTRICTED TO, UM, ORDER SOMETHING 90 DAYS OUT.
UM, THAT'S OUR TYPICAL TIMEFRAME.
UM, UNLESS THERE'S REALLY EXTRAORDINARY CIRCUMSTANCES TO MY UNDERSTANDING.
UM, WHAT MODIFICATION TO THAT ORDER WOULD YOU ASK FOR? GREAT QUESTION.
THANK YOU SO MUCH FOR ASKING THAT.
I WOULD LIKE TO HAVE A MODIFICATION TO, TO THE ORDER TO STRIKE OUT DEMOLISH COMPLETELY AND TO GIVE THE NEW OWNER SIX MONTHS.
I DON'T KNOW IF YOU COULD DO THAT, BUT REALISTICALLY, AS YOU SAW WITH THE, THE LETTER THAT ALEJANDRA HAD WRITTEN, THEY ACTUALLY HAD APPLIED FOR PERMITS.
AND WE KNOW IT TAKES A WHILE FOR PERMITS.
YOU HAVE, AS THE OTHER GENTLEMAN HAD PREVIOUSLY STATED, YOU HAVE, IT TAKES A WHILE FOR PERMITS.
SO WE'RE ASKING THAT, THAT NEW OWNER, BECAUSE WE WILL DISCLOSE AS A ROLL TOUR.
I HAVE TO DISCLOSE TO THEM ANY OF THE, THE RESULTS TONIGHT.
UM, WE'LL, WE'LL DISCLOSE THE TIME PERIOD.
AND I KNOW, GUYS, THEY'RE NOT GONNA BE ABLE TO GET THIS DONE AND 45 DAYS OR 90 DAYS BECAUSE THEY ARE GOING TO HAVE ARCHITECTURAL DRAWINGS.
THEY'RE GONNA HAVE TO APPLY FOR THE PERMITS, EVEN WITH IT BEING REMODELED VERSUS DEMOLISHED AND STARTING OVER, WHICH WE ALL KNOW WILL TAKE EVEN LONGER, YOU KNOW, SIX MONTHS TIME PERIOD.
AND THE NEIGHBORS, PER THE LETTER THAT, UM, ALEJANDRA PORTER AND HER EMAIL IS ON HERE AS WELL, THAT SHE WROTE, THEY UNDERSTAND IT'S GOING TO TAKE A WHILE.
SO WE'D LIKE TO ASK FOR SIX MONTHS, 'CAUSE THESE ARE EXTRAORDINARY CIRCUMSTANCES AND GIVE, UM, GIVE US TIME TO CLOSE THE PROPERTY THIS MONTH AND GIVE THEM SIX MONTHS IN WHICH TO COMPLETE IT.
AND I KNOW THEY'RE ANXIOUS TO GET STARTED.
VICE CHAIR, IS THAT ALL? IS THAT, YES, THAT'S IT.
COMMISSIONER ELLI, WHAT HAPPENS IF AT THE END OF THE MONTH THEY DON'T CLOSE? WHAT ASSURANCE DO YOU HAVE THAT THEY WILL CLOSE BY THE END OF THE MONTH? THAT'S ANOTHER GREAT QUESTION.
THANK YOU SO MUCH AS ACTUALLY ON THE WAY HERE TODAY, ONE OF THE ROLL TOURS THAT SHOWED IT THE FIRST TIME YUSEF, UM, HE'S WITH ANOTHER COMPANY.
HE WAS WITH OUR COMPANY PREVIOUSLY.
HE CALLED SPECIFICALLY TO ASK ABOUT THIS PROPERTY AND SAID, HEY, MY CLIENTS ARE CIRCLING BACK AROUND.
THEY'RE WANTING TO MAKE AN OFFER.
WE'VE GOT AN EXECUTED CONTRACT ON IT.
IN ADDITION, I SPOKE WITH ANOTHER GENTLEMAN WHO HAS DONE DEALS WITH TORIC CAPITAL, UM, AND HE WAS INTERESTED IN WRITING A BACKUP OFFER.
NOW, I HAVE NOT BEEN WORKING WITH TORIC FOR YEARS, AND THIS IS MY FIRST CONTRACT WITH THEM.
SO I DON'T KNOW IF THEY ACCEPT BACKUP OFFERS, BUT I TOLD BOTH OF 'EM.
I SAID, WRITE A BACKUP OFFER BECAUSE THE PROPERTY IS DESIRABLE.
THE, THE LAND SIZE OF THAT PROPERTY FOR AN OWNER TO PER, TO BUILD A HOME.
IT'S, IT'S A, IT'S A GREAT SIZE LOT.
IT'S 0.44 OF AN ACRE, AND IT'S RIGHT THERE IN THE CUL-DE-SAC.
SO WE'VE GOT PEOPLE WANTING TO BUY THIS PROPERTY, ESPECIALLY AT THE PRICE THAT WE REDUCED IT TO.
WE REDUCED THE PRICE TO GET IT SOLD AND WE ACCEPTED LESS THAN THE PRICE THAT IT'S LISTED AT.
DO YOU HAVE FURTHER? WELL, I JUST WAS A LITTLE CONCERNED THAT, 'CAUSE IF WE GRANT THIS, AND IT'S POSSIBLE, IF I'VE KNOWN THE CI CIRCUMSTANCES WHERE REAL ESTATE CONTRACTS DON'T GET EXECUTED, I MEAN, IT'S HAPPENS ALL THE TIME.
THEY JUST LOSE THEIR EARNEST MONEY AND MOVE ON.
AND SO WHAT ASSURANCE DO WE HAVE THAT IT WILL BE EXECUTED AND THEN, OR WHAT NOT BE EXECUTED, AND THEN ALL OF A SUDDEN WE'VE GOT A BUILDING THAT NEEDS TO BE DEMOLISHED.
SO WHAT, UH, I'D LIKE TO DO AT THIS TIME IS, UH, I'LL BEGIN BY, IF, IF THERE ARE NO FURTHER QUESTIONS FROM COMMISSIONERS, UH, I WILL GIVE THE PROPERTY REPRESENTATIVES THAT'S TO SAY, UH, MS. ALLEN AND MR. HUFF.
UH, THREE MINUTES IN TOTAL, UH, FOR A BRIEF SUMMATION.
UH, AND THEN I'M GOING TO EXTEND THE SAME COURTESY TO MR. TO INSPECTOR LARNER IN CASE, UH, THERE'S ANYTHING HE'S HEARING THAT HE WANTS TO RESPOND TO HERE.
SO, UM, UH, JAMES, IF WE COULD PUT THREE MINUTES ON THE CLOCK, I'M GONNA LET, UH, THE OWNER'S REPRESENTATIVES TAKE IT.
[01:05:02]
SURE.UM, YEAH, SO JUSTIN, UH, JUSTIN HUFF, UM, I CAN ASSURE YOU, COMMISSIONER, UH, THANK YOU FOR YOUR TIME, UH, THAT WE HAVE A FULLY EXECUTED AND RATIFIED CONTRACT.
I'M ACTUALLY LOOKING AT IT IN FRONT OF ME.
I COULD SHARE IT WITH YOU OR I CAN SHARE IT WITH, UH, MICHAEL ARNER OR ANY, UH, PARTIES THAT WOULD LIKE TO SEE IT.
UM, YOU KNOW, OUR, OUR INTENTION IS AS MENTIONED TO, UH, EXECUTE, UH, IS TO CLOSE THIS PROPERTY WITHIN THE MONTH.
UM, AS MS. SELLON HAS MENTIONED, WE'RE TAKING A HUGE LOSS AND, UH, UH, ON THIS.
UH, SO, UH, YOU KNOW, WE'RE, WE'RE TRYING TO FACILITATE THE, THE SALE, UM, AND, YOU KNOW, BASICALLY, UH, UH, PUT, PUT A NEW OWNER IN THAT CAN HELP, UH, REVITALIZE THIS PROPERTY.
SO, UM, YOU KNOW, WE, WE HAVE NOTHING BUT GOOD INTENTIONS AND WE ACT IN GOOD FAITH.
AND, UH, WE WOULD NOT STEER YOU, UH, TO, TO DO ANYTHING THAT, YOU KNOW, UH, WE WOULDN'T, UH, WANT TO, UH, THE CITY TO DO.
SO, UH, YOU KNOW, WE'RE JUST ASKING THAT YOU GIVE US, YOU KNOW, SOME TIME TO SOLIDIFY THIS AND, YOU KNOW, ALLOW THIS, THIS PURCHASE, UH, TO, TO, TO, TO GO THROUGH.
UM, WE DO HAVE AN EXECUTED CONTRACT, AND AS MS. ALLEN MENTIONED, WE HAVE BACKUP OFFERS.
UM, UH, YOU KNOW, OUR INTENTION IS TO SELL THIS, UH, IMMEDIATELY.
UM, AND SO, YOU KNOW, WE'RE, YOU KNOW, WE'VE TAKEN A DISCOUNT ON THE, UH, THE PURCHASE PRICE.
UM, AND SO, UH, WE WILL SOLIDIFY A SALE IF IT'S NOT THIS, THIS BUYER, UH, THE NEXT BUYER.
I ALSO WANNA ADD, UH, WE STILL HAVE A LITTLE BIT MORE TIME.
I ALSO WANNA ADD THAT THE AFTER REHAB VALUE IN THIS PARTICULAR AREA OF AUSTIN, UM, AGAIN, WE'RE SELLING THIS PROPERTY SUB VALUE, SUB VALUE.
THE A RV VALUE AFTER REHAB VALUE IN THIS PARTICULAR AREA GOES ANYWHERE FROM 800 TO 1.2 MILLION.
SO THE BUYER OF THIS PROPERTY, IT BEHOOVES THEM TO, TO REMODEL IT.
AND THAT'S WHY WE HAVE SO MUCH MORE ACTIVITY ON THIS PROPERTY NOW SINCE WE DID REDUCE THE PRICE.
BUT AGAIN, WE DO HAVE AN EXECUTED CONTRACT, AND WE DO HAVE TWO OTHER PARTIES IF THIS ONE DOES NOT.
BUT IT'S A CASH BUYER AS WELL.
UH, CODE INSPECTOR, DO YOU HAVE ANYTHING IN SUMMATION? UH, NO, I DO NOT.
SO AT THIS TIME I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.
UH, UH, SO COMMISSIONER SELIG MOVES TO CLOSE I SECOND AND VICE CHAIR CAMPBELL SECONDS.
SO THAT CONCLUDES THE PUBLIC PORTION.
YES, I WOULD RECOMMEND MR. HUFF, UH, AND MS. ALLEN SIT TIGHT.
UH, WE MIGHT, IT IS SUBJECT TO RECALL, UH, BUT THAT ENDS THE, YOUR AFFIRMATIVE PRESENTATION.
SO AT THIS POINT, AS MENTIONED EARLIER, I'M GONNA TRY TO BE DISCIPLINED ABOUT, UH, HAVING A MOTION PENDING BEFORE WE, UH, PIVOT TO DISCUSSION.
SO, UM, UH, ANYBODY CARE TO BE RECOGNIZED FOR A MOTION? COMMISSIONER OLUGO
KEN BELL IS THE MASTER OF COMPLICATED MOTION, SO I'LL LEAVE IT TO HER.
UM, I, I DO WANT TO MODIFY THE MOTION.
UM, I'M GOING TO MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THAT WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
AND LET ME JUST FIND, UH, LANGUAGE THAT IS SIMILAR TO WHAT I AM TRYING TO SAY FROM THE LAST MOTION.
UM, AND, UH, CORRECT ALL VIOLATIONS CITED TO THE STRUCTURE, UM, AND IDENTIFIED IN THE ORDER OF THE VOTING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS, UM, AND C REQUEST INSPECTION FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
UM, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS THE CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS 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.
SO TO BE CLEAR, I'M MOVING TO ESSENTIALLY CHANGE THE ORDER FROM A DEMOLITION TO A REPAIR ORDER.
DO WE HAVE A SECOND? SECOND? I'M SORRY.
SO, UH, SECONDED BY COMMISSIONER SOCAL.
SO THAT, UH, ALLOWS US TO OPEN IT UP TO DISCUSSION, UM, BECAUSE IT'S THE VICE CHAIR'S MOTION.
UH, YES, I, UM, JUST IN LIGHT OF EVERYTHING THAT THE, UH, PROPERTY OWNER AND THE REALTOR HAVE SAID, UM, I THINK THAT IT'S REASONABLE SINCE
[01:10:01]
EVERY INTERESTED PARTY IN THIS CASE SEEMS TO BE INTERESTED IN REPAIRS AS OPPOSED TO DEMOLITION.UM, I THINK THAT IT'S A LITTLE BIT MORE REASONABLE PERHAPS IF WE, UH, DO A TRADITIONAL, UH, REPAIR ORDER, UM, MORE LIKE WHAT WE DO WITH ONES THAT AREN'T REALLY, UH, SO DILAPIDATED.
UM, I WILL SAY, I REALIZED AS I WAS MAKING THE MOTION THAT I WOULD ALSO WELCOME, UM, A AMENDMENT TO JUST INCREASE THE TIMEFRAME TO 90 DAYS IF, UH, THE COMMISSION LOOKS FAVORABLY ON THAT.
BUT, UM, THAT'S JUST WHY I MADE THE MOTION AS I DID COMMISSIONER OLUGO FRIENDLY AMENDMENT TO CHANGE, UH, THE 45 DAYS FROM 90 DAYS.
UM, I, YEAH, FROM 45 TO 90, UM, I WOULD NOT KNOW MORE THAN 90.
I DON'T KNOW IF WE CAN, EXCEPT FOR EXTRAORDINARY MOTIONS.
AND I THINK CONSIDERING THE, UM, PENALTY REDUCTION PROGRAM THAT WE HAVE FOR THESE KINDS OF HOMES, I THINK IT'S A REASONABLE BALANCE.
SO THAT'S MY PROPOSED AMENDMENT TO YOUR AMENDMENT.
IS THE AMENDMENT ACCEPTABLE TO THE AUTHOR? IT IS.
SO, UH, THIS IS ON THE MOTION OF, UH, COMMISSIONER ROSA LUGO, UH, OFFERING A FRIENDLY AMENDMENT TO VICE CHAIR CAMPBELL'S, UH, REPAIR, UH, PROPOSED REPAIR ORDER TO CHANGE THE COMPLIANCE PERIOD FROM 45 TO 90 DAYS.
UH, ALL IN FAVOR SAY AYE OF, UH, ALLOWING THAT AMENDMENT TO THE PENDING MOTION.
THE PENDING MOTION, THE MAIN MOTION IS NOW AMENDED.
SO THE MOTION, UH, ON THE FLOOR, UH, RIGHT NOW IS, UH, TO, UM, BASICALLY IN INSTEAD OF A DEMOLITION, IT'S A REPAIR.
UH, MR. CANELA, ARE YOU TRYING TO GET MY ATTENTION? I'M SORRY.
UH, UM, NATURALLY THE PENALTY WOULD BEGIN ON THE 91ST DAY, CORRECT? CORRECT.
SO IT WOULD BE BOTH THE COMPLIANCE PERIOD AND THE RIGHT, THE, THE COMMENCEMENT OF THE ACCRUAL OF THE PENALTY.
UH, SINCE WE HAVE A PENDING MOTION, UM, I'M JUST GONNA JUMP IN HERE, UH, AS A MATTER OF PRIVILEGE AND, AND JUST SORT OF KINDA SUMMARIZE WHERE I THINK WE ARE.
UH, BECAUSE WE BASICALLY HAVE THREE DIFFERENT REQUESTS THE CITY WOULD LIKE TO DEMOLISH.
UH, THE PROPERTY OWNER WOULD LIKE US TO CONTINUE, UH, AND WE HAVE A MOTION PENDING TO ORDER REPAIR WITHIN 90 DAYS, WHICH I BELIEVE THE OWNER'S REPRESENTATIVE HAS, HAS INDICATED WOULD, IS UNLIKELY TO BE, IN THEIR OPINION, SUFFICIENT, UM, TO TIME FOR THE NEW, THE ANTICIPATED NEW OWNER POST-CLOSING TO COME IN AND GET THE WORK DONE.
UM, I JUST HAVE A FEW SORT OF OPEN-ENDED OBSERVATIONS ABOUT THE PROPOSED COURSES OF ACTION, UH, IN TERMS OF A CONTINUANCE, WHICH IS WHAT THE OWNER'S REPRESENTATIVE IS REQUESTING.
SO OUR RULES AND REGULATIONS AT RULE 4 0 7 PROVIDE THAT THE COMMISSION CAN DEFER TAKING FINAL ACTION IF IT INCLUDES ADDITIONAL EVIDENCE AS NEEDED, OR ALTERNATIVE SOLUTIONS NEED FURTHER STUDY.
SO I THINK THOSE ARE THE STANDARDS WE HAVE TO CONSIDER IF, IF WE WERE TO CONSIDER A CONTINUANCE, OBVIOUSLY WE DON'T HAVE A PENDING MOTION FOR THAT, BUT I, I THINK IT'S JUST WORTH, UH, KEEPING THAT STANDARD IN MIND.
UM, IF WE WANTED TO GO BEYOND, UH, 90 DAYS, AND SO SOMETHING ALONG THE LINES OF WHAT, UH, VICE CHAIR CAMPBELL HAS MOVED, UH, BUT, UM, BUT FURTHER OUT, UH, WE'RE ACTUALLY GOVERNED BY STATE LAW.
SO WE'VE GOT, UH, CHAPTER TWO 14 OF THE LOCAL GOVERNMENT CODE SUBSECTION, UH, J OF 2 14 0 0 1.
UM, LIMITS, LIMITS THE CIRCUMSTANCES UNDER WHICH WE CAN GO BEYOND 90 DAYS PROVIDES THAT, UH, IF WE'RE GOING TO ALLOW SOMEONE MORE THAN 90 DAYS TO REPAIR, REMOVED OR DEMOLISHED THE BUILDING OR PERFORM ALL NECESSARY WORK, UH, WE HAVE TO REQUIRE THAT THEY SUBMIT A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK.
AND, UH, WE ALL ESTABLISH THAT IT COULDN'T REASONABLY BE DONE WITHIN 90 DAYS.
UM, THAT, UH, IS INTERPRETED IN OUR RULES AND REGULATIONS AT, UH, RULE 4 0 6, UH, WHICH GIVES IT A LITTLE BIT MORE SPECIFICITY.
WE WOULD NEED TO ACTUALLY SEE AN ENGINEERS OR ARCHITECTS SEAL DRAWINGS, UH, FORMAL BREAKDOWN OF COSTS, AND THEN A LETTER ESTABLISHING THAT THEY, THEY HAVE THE FINANCIAL WHEREWITHAL.
SO THAT'S JUST SORT OF THE LEGAL LANDSCAPE IN WHICH, UM, IN WHICH WE'RE OPERATING RIGHT NOW.
UM, WITH THAT SAID, IS THERE ANY FURTHER, UH, DISCUSSION ON THE VICE CHAIR'S MOTION FROM ANY OF MY FELLOW COMMISSIONERS? COMMISSIONER SELLICK? I'D LIKE TO HEAR FROM MR. MOORE WHAT HIS THOUGHTS ARE ON THIS.
SO, DIVISION MANAGER MOORE, HELLO ROBERT MOORE, DIVISION MANAGER, UH, DEVELOPMENT SERVICES DEPARTMENT, UM, WE'RE, WE'RE ACCEPTABLE TO A REPAIR ORDER.
UM, WHEN Y'ALL ARE THINKING ABOUT TIMEFRAMES AND PENALTIES, JUST TO PUT SOMETHING INTO PERSPECTIVE, YOU KNOW, AT WHAT, A THOUSAND DOLLARS A MONTH? SO IN A YEAR YOU'RE AT 12 GRAND, UH, PLUS THE 90 DAYS THAT Y'ALL ARE PROPOSING.
SO WHAT'S THAT 15 MONTHS? WE'RE AT 12 GRAND.
I THINK THEY'RE GONNA PUT A LOT MORE THAN 12 GRAND INTO
[01:15:01]
THIS PROPERTY.UM, AND, YOU KNOW, THEY GET IT, UM, REDUCED OR, UH, OFFSET WHEN THEY WERE SU SUPPLY US WITH RECEIPTS, YOU KNOW, 'CAUSE IT IS A RESIDENTIAL STRUCTURE.
I MEAN, WE'RE, WE'RE GOOD WITH A REPAIR ORDER, BUT I MEAN, 90 DAYS IS A LONG TIME.
A THOUSAND DOLLARS A MONTH IS NOT THAT MUCH WHEN YOU'RE LOOKING AT THIS.
THAT'S JUST KIND OF WHERE WE'RE AT.
SO, UM, COMMISSIONER S SELLING, I DO HAVE ONE MORE OBSERVATION.
UH, WE TALKED ABOUT THIS EXECUTED CONTRACT AND THEY, THEY GUARANTEED THAT IT'S GONNA BE CLOSING AT THE END OF THE MONTH, BUT WE KNOW THAT THE ROAD TO BLANK IS PAVED WITH GOOD INTENTIONS AND WE CAN'T BE SURE.
SO WHAT KIND OF BACKUP PLAN CAN WE PUT IN THE ORDER THAT IF IT DOESN'T CLOSE AT THE END OF THE MONTH, THEN WE PULL THE TRIGGER ON A DEMOLITION? I MEAN, THE THING IS, IS IT DOESN'T SEEM THAT ANYONE IN THE AREA, COMMISSIONER OLUGO, OH, SORRY.
FOR THE RECORD, IT DOESN'T SEEM THAT ANYONE IN THE AREA WANTS A DEMO.
THE FOUNDATIONS CAN BE, UH, REUSED IF IT'S FENCED.
I DON'T REALLY SEE A DEMO HAS A PURPOSE AND IT'S ACTIVELY DANGEROUS.
THIS ISN'T ACTIVELY DANGEROUS IN THE WAY THAT WE'VE SEEN OTHER PROPERTIES BE.
UM, BUT I'M HAPPY TO BE CORRECTED BY, YOU KNOW, THE DIVISION MANAGER MORE ON THAT.
UM, SO THAT'S WHY I STRUCTURED IT IN THE WAY THAT, YOU KNOW, I, I'M HAPPY WITH IT IS BECAUSE I DON'T, IT DOESN'T MATTER.
I DIDN'T CONSIDER WHETHER, WHETHER OR NOT THEY WOULD CLOSE.
I WOULD SIMPLY CONSIDER SORT OF THE STATE OF THE PROPERTY AS IT IS.
AND, UM, REPAIR SEEMED MORE APPROPRIATE THAN DEMOLITION.
UH, VICE CHAIR, UH, I JUST WANNA ASK, UM, THE, UH, MS. ALLEN AND MR. HOFF, UM, DID Y'ALL UNDERSTAND WHAT, UH, DIVISION MANAGER MOORE WAS SPEAKING ABOUT WHEN HE TALKED ABOUT THE OFFSET AND HOW, UM, THE COSTS THAT YA ACCRUE IN THE REPAIR OR, OR THE OWNER AT THAT TIME ACCRUE IN THE REPAIRS, UM, COULD BE OFFSET FROM THE ACTUAL ORDER IS FINE.
UH, I UNDERSTAND SOMEWHAT, BUT I WOULD, UM, I WOULD LET YOU KNOW MS. ALLEN SPEAK, UH, IF, IF YOU'D LIKE, I COULD PASS IT BACK TO DIVISION MANAGER MORE AND SEE IF HE WOULDN'T MIND EXPLAINING THAT TO Y'ALL A LITTLE BIT MORE, UH, IF, IF YOU COULD, BECAUSE WE HAVE TO DISCLOSE IT TO THE NEW PURCHASER AND WE MAY HAVE TO, BUT, YOU KNOW, OFFSET SOME OF WHATEVER THEY'RE GOING TO BE DOING SO THAT WAY WE CAN EXPLAIN IT TO THEM AND IN A WAY THAT WE UNDERSTAND TOO.
SO SINCE THIS IS RESIDENTIAL STRUCTURE, WE CAN, WE HAVE THE AUTONOMY TO JUST OFFSET IT IN-HOUSE.
WE DON'T HAVE TO COME BEFORE THE COMMISSION, LIKE WE WOULD A COMMERCIAL STRUCTURE.
UM, SO ANY MONEY SPENT REPAIRING THE VIOLATIONS THAT ARE CITED WILL GO TOWARDS OFFSETTING ANY PENALTIES THAT ACCRUE FROM THE ORDER.
HOW DOES THAT WORK? YOU JUST SAVE YOUR RECEIPTS.
AND YOUR INVOICES AND, AND CHECKS.
UM, CANCELED CHECKS AND, AND THAT'S IT.
WE JUST NEED THE DOCUMENTATION.
AND, AND DO THEY PRESENT THAT TO, TO YOU, YOU SEND IT TO OUR OFFICE, UM, OUR COORDINATOR AND, AND WE WILL, WE CAN DO IT FROM THERE.
IS THERE A PERCENTAGE THAT'S OFFSET? SO FOR INSTANCE, OBVIOUSLY I KNOW WHEN THEY, LIKE THEY THREW A NUMBER, LIKE IT WAS GONNA BE JUST UNDER 200 K.
SO, SO, AND THAT'S THE POINT I'M TRYING TO MAKE.
I MEAN, WE'RE, WE'D BE A YEAR OUT UNDER THE, ON THEIR, WHAT THEY'RE PROPOSING RIGHT NOW, OVER A YEAR, 15 MONTHS.
AND WE'D BE AT LIKE, WHAT, $12,000 AND IF Y'ALL HAVE $200,000, I MEAN, THAT WOULD JUST BE GONE COMPLETELY.
UH, THANK YOU FOR THAT CLARIFICATION.
SO, UM, WHAT, OKAY, UH, COMMISSIONER SHUGAR, UM, SINCE A LOT OF THIS APPARENTLY IS HINGING ON YOU HAVING A BUYER, UM, WOULD YOU, WE JUST GAVE THE ORDER AS IT IS, THAT WOULD HAVE TO BE DISCLOSED TO THE POTENTIAL BUYER.
UM, DO YOU SEE THAT BEING A REASON THAT THEY WOULD BACK OUT? IS IT LIKELY THAT THEY WOULD BACK OUT? 'CAUSE THEN WE WOULD JUST KIND OF BE IN THE SAME POSITION OF, I GUESS WE'VE GIVEN YOU A FREE 90 DAYS TO REPAIR THE PROPERTY.
UH, I DON'T, I DON'T THINK, UM, UH, I DON'T THINK THAT THE BUYERS ARE IN, IN, IN A POSITION TO, TO BACK OUT OR, OR WOULD BE IN A POSITION TO BACK OUT.
'CAUSE WE'VE DISCOUNTED THE PROPERTY, UH, FAIRLY SIGNIFICANT SIGNIFICANTLY.
UM, AND SO, UH, YOU KNOW, IF IT, IF THIS IS NOT THE RIGHT BUYER, UH, YOU KNOW, WE HAVE OTHER, WE
[01:20:01]
HAVE OTHER BUYERS THAT WE CAN, WE CAN PUT RIGHT IN PLACE AND, YOU KNOW, AND MAKE SURE THAT THIS IS DONE.UM, AND, AND JUST TO, JUST TO REITERATE IN THIS HEARING THAT, YOU KNOW, UH, WE'RE NOT TRYING TO, YOU KNOW, JUST POINT IT ALL TOWARDS THIS ONE BUYER, BUT, YOU KNOW, WE'VE SECURED THE PROPERTY, WE'VE, YOU KNOW, BOARDED THE PROPERTY AND, UM, SO, YOU KNOW, IT'S, IT'S, WE'RE, WE'RE JUST, WE'RE TRYING TO MAKE IT SO THE BUYER, UH, YOU KNOW, CAN REC, YOU KNOW, UH, RECTIFY THE PROPERTY AND, AND THEN NOT DEMOLISH THE PROPERTY.
UM, I THINK THAT'S THE LAST QUESTIONS I HAVE FOR THEM.
JUST GENERAL DISCUSSION, I GUESS.
UM, SO LOSING MY TRAIN OF THOUGHTS, WE HAVE OBVIOUSLY HEARD THAT THERE'S PROBABLY $200,000 GOING INTO THIS HOUSE.
IT'S MORE THAN GOING TO OFFSET ANY PENALTIES WE ACCRUE.
UM, THERE IS POTENTIAL BUYER DROPS OUT GIVEN ALL OF THESE LIKE, RANDOM THINGS.
OUR BOARD'S NOT NECESSARILY CONCERNED WITH THE OWNER OF THE PROPERTY SO MUCH AS ENSURING THAT A PROPERTY IN DISREPAIR HAS THE CORRECT ORDER TO GET REPAIRED.
UM, GIVEN WHAT WE HEARD FROM DIVISION MANAGER MOORE, I'D BE FINE REDUCING IT BACK TO 45 DAYS, GOING WITH A REPAIR ORDER AND CALLING IT AS THAT.
THANK YOU COMMISSIONER SHUGAR.
ONE QUESTION THAT I WANT TO ADDRESS WITH THE OWNER REPRESENTATIVES, UH, AND I BELIEVE YOU, YOU PRETTY ADEQUATELY ALREADY COVERED THIS, BUT JUST FOR OUR, FOR SAKE OF A CLEAN RECORD, UH, CAN I HAVE YOUR REPRESENTATION UNDER OATH THAT THE PROPERTY WILL REMAIN AT ALL TIMES BOARDED AND SECURED AND, AND NOT POSE A LIFE SAFETY HAZARD DURING THE PENDENCY OF ANY REPAIRS? OH, ABSOLUTELY.
THAT'S PER ARTICLE ONE OF THE NARCOTIC OF ETHICS AS WELL.
I HAVE TO BE HONEST, WITH ALL PARTIES REGARDLESS, BUT THEY'RE NOT, THEY'RE NOT GONNA BE ABLE TO DO ALL OF THAT IN 45 DAYS.
BECAUSE THEY HAVE TO GET PERMITS FOR EVERYTHING.
I JUST WANTED THAT FOR THE RECORD.
SO, UH, MEMBERS, UH, I SAID, UH, AT THE TOP OF THE MEETING BECAUSE WE'RE, WE'RE ONLY DISCUSSING ON MOTIONS.
I'M GONNA TRY NOT TO LET, LET THAT BITE ANYBODY.
SO LET ME, LET ME TAKE THIS OPPORTUNITY.
UM, WELL LET ME GIVE THE COMMISSIONERS THE OPPORTUNITY TO, DOES ANYBODY HAVE ANY SERIOUS MISGIVINGS ABOUT THE PENDING MOTION? WE HAVE SUGAR PREFER THAT WE JUST GO WITH THE REGULAR TIMELINE THAT WE'VE BEEN GIVEN.
IF WE GIVE A LONGER TIMELINE, BUYERS BACK OUT, WHO KNOWS WHAT HAPPENS NOW.
WE HAVE 90 DAYS WHERE THIS KINDA SITS IN LIMBO BEFORE ANYTHING NEEDS TO BE DONE.
UM, AND ANY AMOUNT OF WORK THAT'S GONNA BE DONE, IT SOUNDS LIKE Y'ALL HAVE A LOT OF WORK OR PEOPLE WHO ARE GONNA PUT A LOT OF MONEY IN, IT'S GONNA EASILY OFFSET ANY FINES.
SO WOULD, SO WOULD YOU SAY YOU'RE OPPOSED TO THE, THE MOTION AS AMENDED? CIRCLE BACK TO ME.
UM, ANY VICE CHAIR? WAIT, IN TERMS OF OPPOSITION? WELL, YEAH.
WELL, I THINK UNDER THE CIRCUMSTANCES IT'S WORTH PUT PUTTING THIS, THIS QUESTION TO THE, TO THE COMMISSION.
UM, THERE ARE, THERE ARE, AND WE'LL JUST, THERE ARE SEVEN OF US TONIGHT.
UH, SO, UH, AN EMBARRASSMENT OF RICHES, I GUESS
SO-CALLED, UH, TO, UH, REQUIRE, UH, THAT THE, WITHIN 90 DAYS FROM THE DAY THE ORDER IS MAILED, UH, THE PROPERTY OWNER OBTAIN AND FINALIZE, UH, ALL NECESSARY PERMITS, UH, CORRECT ALL VIOLATIONS CITED, UH, TO THE RESIDENTIAL STRUCTURE, UH, AND, UH, REQUEST INSPECTIONS.
AND ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK, UH, AND SO FORTH, A STANDARD BASICALLY REPAIR ORDER ONLY WITH 90 DAYS.
AND, UH, WITH THAT I WILL PUT IT TO THE BODY.
COMMISSIONER SHUGART, I THINK I'M A NO ON THIS ONE.
AYE, UH, COMMISSIONER CAMPBELL? AYE, UH, CHAIR VOTES.
THERE BEING SIX AYES AND ONE NAY.
AND SO, UH, WITH THAT, UM, I WANNA THANK THE, UH, PROPERTY OWNERS REPRESENTATIVES FOR YOUR PARTICIPATION THIS EVENING.
YOU WILL BE MAILED A COPY OF THE ORDER VIA CERTIFIED MAIL AND FOLLOW UP WITH ANY QUESTIONS WITH YOUR, UH, WITH YOUR CODE INSPECTOR.
[01:25:01]
UM, I JUST WANNA MAKE SURE THAT Y'ALL DO HAVE THE TORIC ADDRESS BECAUSE LONE STAR CAPITAL IS THE ONE THAT'S ON THIS, ON THE AGENDA.BUT OBVIOUSLY FEEL FREE TO SEE THE COORDINATOR, UH, MS. ALI TONIGHT, OR MR. CONDO IS ALSO HERE.
SO, UM, THANK Y'ALL SO VERY MUCH.
SO I AM GOING TO, UH, I HAVE TWO MEMBERS OFF THE DAY, AND SO JUST IN THE INTEREST OF QUORUM, UH,
[4. Case Number: CL 2024-076026]
I'M GONNA GIVE, I'M GONNA GIVE THEM A MINUTE TO COME BACK, BUT WE'RE GONNA BE TEEING UP.UH, THIS IS CONCERNING THE PROPERTY AT 63 0 7 CLUB WAY, AND I AM SHOWING, PARDON ME, THAT'S, THAT'S INCORRECT.
FOR, UH, UH, THIS IS, UH, 83 0 1 LOS LOS RANCHOS, AND, UH, I HAVE AN ERIC, UM,
AND IF YOU WOULDN'T MIND, IF YOU COULD, UH, COME DOWN AND HAVE A SEAT WHILE WE WAIT FOR OUR, LET'S SEE.
DO WE HAVE A 1, 2, 3, 4, 5? YEAH.
SO WE DO HAVE A, WE DO HAVE A QUORUM AT THE DEUS, AND LEMME SEE
UH, SO, AND MR. TYKE, HAVE YOU BEEN SWORN? OKAY.
AND, UH, SO WHAT I'LL DO IS I'LL GO AHEAD AND LET THE, LET THE CITY, UH, PRESENT ITS CASE.
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 7 6 0 2 6, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 8 3 0 1 LOS RANCHOS DRIVE.
THE EXHIBITS CAN BE FOUND IN THE BURNT ORANGE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE IS REGARDING A, UH, SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED.
THE CASE WAS OPENED IN FEBRUARY OF 2020 AS THE RESULT OF A COMPLAINT.
THERE ARE NO PERMITS TO ADDRESS THE CURRENT DEFICIENCIES IN THE CITY'S PERMIT.
DATABASE CONDITIONS ARE CONSIDERED UNSAFE AND 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, NOTICE OF VIOLATION, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING IN THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO N IN THE RECOMMENDED ORDER CODE.
INVESTIGATOR JOHNNY SERNA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.
MY NAME'S JOHNNY SERNA AND I'M A CITY OF AUSTIN CODE INVESTIGATOR.
UH, THE CASE I'M PRESENTING BEFORE YOU WILL BE FOR SUBSTANDARD EXTERIOR DEFICIENCIES.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
ON FEBRUARY 16TH, 2020, AUSTIN CODE RECEIVED THIS COMPLAINT AND AN INITIAL INSPECTION OF THE PROPERTY WAS MADE ON FEBRUARY 18TH, 2020.
SINCE THE INITIAL INSPECTION AND SUBSEQUENT INSPECTIONS, THE PROPERTY WAS FOUND TO HAVE MULTIPLE EXTERIOR, UH, IPMC VIOLATIONS OVER THE FA OVER THE PAST FOUR YEARS.
UH, SINCE THE INITIAL COMPLAINT BACK IN FEBRUARY OF 2020, THE NOTICE OF VIOLATION HAS BEEN SENT OUT SEVERAL TIMES NOTIFYING THE, UH, PROPERTY OWNER OF THE CONDITIONS THAT WERE FOUND.
UM, IT WAS RECENTLY POSTED ON MAY 20TH, 2024, AND SINCE FEBRUARY OF, UH, 20 OF 2020 THROUGH THIS MONTH OF AUGUST OF THIS YEAR, MULTIPLE INSPECTIONS OF THE PROPERTY HAVE BEEN MADE AND THE IDENTIFIED PROPERTY OWNER HAS CONTINUED TO REFUSE TO CORRECT THE DEFICIENCIES.
THE FACTS OF THE CASE ARE AS FOLLOWS, AND THE FOLLOWING PHOTOGRAPHS I WILL BE PRESENTING AS EVIDENCE ARE REPRESENTATION OF MULTIPLE DEFICIENCIES FOUND, UH, THROUGHOUT THE PROPERTY.
EXHIBIT TWO A AND TWO B ARE GONNA BE CONTEXTUAL PHOTOGRAPHS OF 83 0 1 LOS RANCHO DRIVE, AS IT IS FOUND IN ITS CURRENT STATE.
UH, AND, UH, EXHIBIT TWO B IS FROM THE ORIGINAL INSPECTION DONE BACK IN FEBRUARY OF 2020, WHERE YOU CAN SEE THAT THE STRUCTURE, UH, ONCE HAD ROOF DORMERS AND NOW HAVE SINCE BEEN REMOVED.
[01:30:02]
EXHIBIT TWO C IS A PHOTOGRAPH OF THE ROOF WITH A THIN LAYER OF PLASTIC SHEETING ALONG WITH A PERMANENTLY ATTACHED STAIRWAY, MISSING PROPER GUARDRAILS AND HANDRAILS.YOU CAN ALSO SEE NEAR THE TOP CENTER OF THE PHOTOGRAPH OF SECTION OF A GAPING HOLE IN THE EXTERIOR WALL, UH, WHERE THE ROOF LINE AND THE BRICK AND SIDING MEET.
EXHIBIT 2D IS A CLOSEUP PHOTOGRAPH OF THE SAME AREA JUST MENTIONED ALONG WITH THE, UH, FASCIA AND SOFFIT AREAS AND DISREPAIR LACKING PROPER SURFACE COATING.
EXHIBIT, UH, TWO E IS A PHOTOGRAPH OF A ROOF OVERHANG THAT WAS INSTALLED ON THE DETERIORATING FASCIA BOARD ON THE SECOND STORY RIGHT ABOVE THE GARAGE.
EXHIBIT TWO F IS A PHOTOGRAPH RIGHT BELOW THE ROOF, OVERHANG OF DETERIORATION IN THE ANGLE IRON ALSO CITED RIGHT ABOVE THE GARAGE STORE.
EXHIBIT TWO G IS ANOTHER PHOTOGRAPHIC EXAMPLE OF MORE HOLES IN THE EXTERIOR WALLS WITH MISSING DAMAGE THAT ARE IMPROPERLY INSTALLED.
SIDING ALLOWING FOR THE INTRUSION OF RAIN INTO THE INTERIOR OF THE STRUCTURE, ALONG WITH MISSING ANTIS SIPHON VALVES ON THE WATER SPIGOTS.
EXHIBIT TWO H IS A PHOTOGRAPH OF THE ROOF ALONG, UH, WITH ANOTHER LARGE HOLE IN THE DETERIORATING TRIM AT THE TOP CORNER OF THE ROOF.
EXHIBIT TWO EYES A PHOTOGRAPH OF REPAIRS THAT WERE MADE TO, UH, SOME OF THE ROOF JOINTS MISSING PROPER STRUCTURAL METAL CONNECTORS ALONG WITH PROPER SURFACE COATING TO PROTECT UNTREATED LUMBER.
AND EXHIBIT 21 A, YOU CAN SEE WATER DAMAGE IN THE DECKING OF THE FRONT PORCH.
EXHIBIT TWO J IS A PHOTOGRAPH OF EXPOSED UNHOUSED ELECTRICAL WIRING ALONG WITH THE LARGE OPEN GAPS BETWEEN THE JOISTS LEADING TO THE INTERIOR OF THE STRUCTURE.
THESE TYPES OF OPEN AREAS, AS WE HAVE SEEN, ALLOW FOR THE ENTRY OF VERMIN INTO THIS HOME.
EXHIBIT 2K IS ANOTHER PHOTOGRAPH OF THE PORCH DECKING AND DISREPAIR.
IF YOU LOOK TOWARDS THE CENTER OF THE PHOTOGRAPH, YOU'LL SEE A HOLE IN THE DECKING WHERE THE LIGHT IS COMING THROUGH THE PLASTIC, THE THIN PLASTIC SHEETING.
EXHIBIT TWO L IS ANOTHER PHOTOGRAPH OF THAT SAME AREA WHERE A CLAMP IS BEING USED TO HOLD JOISTS TOGETHER, ALONG WITH THE DARK AREAS IN THE DECKING WHERE WATER HAS MANAGED TO LEAK CONSISTENTLY THROUGH.
EXHIBIT TWO M IS A CONTEXTUAL PHOTOGRAPH OF THE LE LEFT HAND SIDE OF THE HOUSE SHOWING THE FASCIA ALSO IN DISREPAIR ON THIS SIDE.
AND WITH THIS, UH, LAST EXHIBIT, I WILL CONCLUDE MY TESTIMONY.
IT IS A CONTEXTUAL PHOTOGRAPH OF THE LEFT SIDE OF THE EXPOSED UNCOVERED ROOF DECKING.
ALL THESE AREAS OF THE ROOF STRUCTURE HAVE ALLOWED FOR THE POSSIBLE INTRUSION OF WATER INTO THE INTERIOR OF THE BUILDING, ALONG WITH THE DEFICIENCIES FOUND THROUGHOUT THIS SIDING.
THIS CONCLUDES MY PRESENTATION OF THE EXTERIOR OF 83 0 1 LOS RANCHOS DRIVE, AND I URGE THE COMMISSION TO ACCEPT STAFF'S RECOMMENDED ORDERS.
BECAUSE OF THE EXISTING CONDITION 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 UNSAFE AND SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES THIS PRESENTATION.
UM, AT THIS TIME, IF THERE'S NO OBJECTION, UH, I WILL ADMIT I'M GONNA GO AHEAD AND ADMIT BOTH THE CITY'S EXHIBITS.
SO THAT'S, UH, EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO N.
AND I ALSO SEE THAT MR. ULTA HAS, UH, BROUGHT EXHIBITS AS WELL.
UH, SO IF THERE'S, I'M JUST, IF I CAN DO THOSE ALL AS A BUNDLE, I'LL JUST GO AHEAD AND ADMIT ALL THE EXHIBITS NOW WITHOUT OBJECTION.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, MR. TIG, UH, IF YOU, YOU WOULDN'T MIND TURNING ON YOUR, YOUR MICROPHONE.
[01:35:01]
AND, UH, BEFORE YOU, UH, PRESENT, DO YOU HAVE ANY QUESTIONS FOR, UM, INSPECTOR SERNA? UH, NO, I DON'T.INVESTIGATOR SERNA, I'M SORRY.
UM, IF, IF YOU'D LIKE YOU HAVE, UH, FIVE MINUTES, PLEASE PROCEED.
UM, YOU'LL NOTICE WHEN YOU LOOK AT MY, UH, EXHIBITS THAT, UH, HAVE ACTUALLY GOTTEN A QUOTE ON REPLACING THE ROOF AND DOING SOME OF THE WORK.
UM, THE QUOTE WAS, IS DATED MARCH AND, UH, I SIGNED A CONTRACT, UM, AND PAID, UH, THE CONTRACTOR HIS FIRST CHECK, UM, JULY 2ND.
AND SOME WORK DIDN'T GET STARTED AS QUICKLY AS I THOUGHT IT WOULD.
UH, WE DID GET MATERIALS DELIVERED, UH, TUESDAY AND WEDNESDAY OF THIS WEEK, YESTERDAY.
AND, UH, WORK IS STARTED ON, ON THE ROOF.
I'M, I'M REPLACING THE ASPHALT SHINGLES WITH A METAL ROOF.
UM, MY RECENTLY, MY FINANCIAL SITUATION HAS CHANGED, AS THEY SAY.
AND, UM, I HAVE APPLIED FOR A BUILDING PERMIT.
I'VE BEEN DOWN THIS ROAD BEFORE AND I, IT'S A LOT OF THINGS HAPPENING, BUT, UH, UM, THE BUILDING PERMIT WAS APPROVED.
I GOT AN EMAIL, I, UH, YESTERDAY OR THE DAY BEFORE, IT'S, UH, AN EXPEDITED PERMIT.
AND MY CONTRACTOR SAID THAT HE'S BEEN REPLACING ROOFS IN AUSTIN FOR ALMOST TWO YEARS NOW, AND HAS NEVER APPLIED FOR A BUILDING PERMIT.
SO, UM, AS FAR AS, UH, EXPRESS PERMITS GO, I'M NOT REAL SURE I'M, I TRUST YOU GUYS MORE THAN I TRUST MY, UH, MY CONTRACTOR ON THAT.
BUT, UM, ANYWAY, WORK IS PROCEEDING FORWARD QUITE RAPIDLY AT THIS POINT.
AND, UH, I DIDN'T, UH, SUBMIT PICTURE.
I DIDN'T HAVE PHOTOS AT THE TIME, BUT I DO HAVE PHOTOS ON MY PHONE WITH, WITH, UH, MATERIALS BEING DELIVERED AND, AND, UM, SOME OF THE WORK BEING DONE ON THE, ON THE ROOF, IF, IF NEED BE, I CAN ALSO PROVE, UH, MY BANK ACCOUNT IS, UM, THE FINANCIAL SITUATION IS, IS, IS BETTER.
I, I, I THINK I'VE GOT THE FUNDS TO, TO KNOCK OUT MOST OF THESE CODE VIOLATIONS REALLY QUICK.
UM, I, I GUESS I DON'T WANT TO GET AHEAD OF, GET AHEAD OF MYSELF HERE.
I I STILL WANT TO GIVE, UH, INVESTIGATOR SERGEANT AN OPPORTUNITY TO ASK ANY QUESTIONS HE HAS, UH, BEFORE OPENING IT UP.
BUT, UM, JUST IN TERMS OF DEMONSTRATING FINANCIAL WHEREWITHAL TO EFFECT THE REPAIRS, UH, IS THERE ANY PARTICULAR ASPECT OF THE ORDER THAT YOU OBJECT TO? OR, OR DO YOU WANT MORE TIME, OR ARE YOU JUST, DO YOU UNDERSTAND WHAT I'M ASKING? LIKE WHAT, WHAT WOULD BE YOUR ASK OF THE COMMISSION THIS EVENING? OKAY.
THERE WERE SOME THINGS LISTED, SOME VIOLATIONS, AND I'M SURE REGULATIONS CHANGE OVER THE YEARS.
MY HOUSE WAS BUILT IN 85 OR SOMETHING.
AND ONE OF THE PROBLEMS IS, HAS BEEN THE, THE BUILD QUALITY OF THE HOUSE.
THE, THE, UH, THE ORIGINAL BUILDER, BILL MILLBURN CUT A LOT OF CORNERS.
AND THAT'S THE MORE I DEAL WITH THIS HOUSE, THE MORE I I REALIZE THAT.
BUT, UH, THE FALSE DORMERS, OR WHATEVER YOU CALL 'EM THAT WERE ON THE ROOF, WERE PLACED BETWEEN RAFTERS AND, UM, THE, THE DECKING UNDERNEATH THE ASPHALT SHINGLES WAS SUPPORTING THE WEIGHT BY ITSELF WITHOUT ADDITIONAL REINFORCEMENT.
AND, UM, THAT'S WHERE WATER LEAK STARTED AND THE WOOD STARTED TO DETERIORATE.
AND, UH, I WASN'T REAL PROACTIVE ABOUT MAKING REPAIRS, BUT THAT DOESN'T MEAN MUCH.
UH, WHAT WHAT DID COME UP WAS THE ANTIS SIPHON VALVE ON, UH, THE PLUMBING.
I'VE ADDED A, CHANGED OUT A VALVE AND ADDED A VALVE ON THE, ON THE WALL ON THAT CORNER.
AND THERE WAS NO ANTIS VALVE BEFORE.
BUT I GUESS CODE HAS CHANGED, REGULATIONS HAVE CHANGED.
SO NOW I REQUIRE ONE OF THOSE, WHICH IS, IS, IS DOABLE AND
[01:40:01]
UNDERSTANDABLE.AND, UH, THE OTHER THING THAT THAT KIND OF CAUGHT MY NOTICE WAS THE, UH, THE NEED FOR, FOR METAL REINFORCEMENTS UNDERNEATH, UH, THE FRONT PORCH ON SOME OF THE JOISTS.
UM, IF THAT'S SOMETHING NEEDED, I CAN, I CAN GO IN THERE AND DO THAT WORK TOO.
I, I DID ALL THE WORK MYSELF ON THAT, ON THE PORCH.
AND, UH, YEAH, THE EXISTING WORK I, I DID WITH THE HELP OF MY FRIENDS AND, UH, THE, THE STAIRS IN FRONT OF THE HOUSE IS, IS NOT ATTACHED TO THE HOUSE, BUT IT'S BEEN SITTING NEXT TO THE HOUSE FOR FOUR YEARS.
BUT YEAH, I'M TOO OLD TO BE CLIMB A LADDER, SO THE FIRST THING I THOUGHT I NEEDED WAS A STAIR, AND IT'S REALLY, REALLY HELPED A LOT.
WELL, THANK, THANK YOU FOR THAT.
I, LIKE I SAID, I DON'T MEAN TO GET OFF ON A DIGRESSION.
I, I JUST KINDA WANTED TO GET A SENSE, UM, IF THERE WAS A, AN ISSUE OF THE TIMEFRAME OR, OR SPECIFIC ITEMS. BUT, UH, UH, BUT BEFORE OPENING IT UP TO THE COMMISSION, I'M GONNA GIVE, UH, CODE, CODE INVESTIGATOR CERNA AN OPPORTUNITY.
DO YOU HAVE ANY QUESTIONS FOR THE OWNER, REPRESENTATIVE, UH, INVESTIGATOR? YOU DO? OKAY.
I KNOW THAT, UH, THE ROOFING IS, IS A CONCERN.
UM, THE, UM, I WANTED TO ASK, UH, THE PROPERTY OWNER IF, IF HE WAS GONNA HAVE THAT PERMIT THAT HE'S APPLIED FOR.
THERE'S NO, THERE'S NO EXISTING PERMIT YET.
UM, IF YOU COULD POSSIBLY GET IT MODIFIED TO INCLUDE THE SIDING.
MR. EK, UH, UH, THE PROBLEMS WITH THE SIDING THAT HAVE BEEN STATED OR, UH, THE SIDING ON THE ENTIRE HOUSE, YOU'RE JUST TALKING ABOUT THE PROBLEM AREAS, CORRECT? THAT IS CORRECT.
ANY, ANY PROBLEM SIDING THAT IT'S NEEDS, UH, REPAIR? UH, WE SAW VARIOUS LARGE AREAS OF SIDING THAT, UH, NEED, UH, REPAIR AND THE AMOUNT OF SIDING NEEDED FOR THIS PARTICULAR HOUSE IS GONNA REQUIRE A PERMIT ALONG WITH, WITH THE ROOF.
SO IF, YEAH, THERE ARE AREAS ON THE SIDING, I CAN, I CAN, UH, MODIFY THE PERMIT OR RESUBMIT WHATEVER TO INCLUDE SIDING ALONG WITH THE METAL ROOF REPLACEMENT.
UM, THANK YOU MR. LIKE, THANK YOU INVESTIGATOR.
UH, SO, UH, WITH THAT, UH, DO THE, I'LL OPEN IT UP TO THE COMMISSION.
DO ANY MEMBERS HAVE QUESTIONS EITHER FOR THE CODE OFFICIAL OR FOR THE OWNER REPRESENTATIVE? OKAY.
UM, IT LOOKS LIKE COMMISSIONER SOCAL.
THEN, UH, WITH THAT, UH, WOULD YOU LIKE TO TAKE, UH, THREE MINUTES TO SUMMATION, UH, TO OFFER SUMMATION? AND IT'S NOT REQUIRED.
OBVIOUSLY THIS HAS BEEN GOING ON A LONG TIME.
AND, UH, MY NEIGHBORS, UH, PUT UP WITH, UH, AN EYESORE FOR SURE.
I'M, I'M PRETTY GOOD NEIGHBOR IN MOST OTHER WAYS.
I, I THINK, BUT, UH, UM, OKAY.
SO I'VE GOT THE FUNDS TO PROCEED FORWARD, AND I JUST WANT TO GET OUT FROM UNDER THIS.
UH, INVESTIGATOR, ANY SUMMATION FROM, FROM CODE? NOT AT THIS TIME.
I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UH, ON THE MOTION OF COMMISSIONER SIG, SECONDED BY, I'LL SECOND IT.
SO, UH, UH, SO WE HAVE A, A SECONDED MOTION TO CLOSE THE PUBLIC HEARING.
UH, IS THERE OBJECTION OR LEMME DO IT THIS WAY.
ANY OPPOSED? SO, UH, IT'S UNANIMOUS.
UH, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
I'M GONNA ADVISE, UH, THAT YOU REMAIN SEATED FOR A MOMENT IN CASE, UH, WE HAVE QUESTIONS, BUT YOUR AFFIRMATIVE TESTIMONY, WE DON'T, WE DON'T NEED TO HEAR FROM YOU FURTHER UNLESS WE HAVE QUESTIONS.
SO, UM, AT THIS, UH, TIME, I WILL, UH, ENTERTAIN, ENTERTAIN A MOTION ON, ON THE POSTED ITEM, THE AGENDA ITEM.
UH, VICE CHAIR CAMPBELL, I'LL MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND THEIR PROPOSED ORDER.
SO ON THE MOTION OF VICE CHAIR CAMPBELL, SECOND VICE SHUGART, THIS IS TO ADOPT, UH, THE RECOMMENDED ORDER IN TOTAL.
DO WE HAVE ANY DISCUSSION? UH, I GUESS I SHOULD BEGIN WITH VICE CHAIR SINCE IT WAS YOUR MOTION.
UH, YEAH, I DON'T REALLY HAVE TOO MUCH TO SAY.
I, THE PROPERTY OWNER HASN'T ASKED US TO MAKE ANY SPECIFIC MODIFICATIONS TO, UH, THE ORDER, BUT IF ANYBODY WOULD LIKE TO MAKE AN AMENDMENT, THEY'RE
[01:45:01]
WELCOME TO, UM, ASK FOR IT.UH, SO I'M NOT HEARING ANY SIGNIFICANT ANXIETY TO DISCUSS THIS, SO I, I GUESS I'LL GO AHEAD AND PUT THE QUESTION TO THE BODY.
SO, UH, IS, UH, THE QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL IS SECONDED BY COMMISSIONER SHUGART, UH, TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, UH, WHICH IS OUR STANDARD REPAIR IN 45 DAYS WITH PENALTIES OF 250 A WEEK TO ACCRUE ON THE 46TH.
DID I GET THAT RIGHT? LEMME MAKE SURE I'M GETTING THE, THE NUMBERS CORRECT.
AND SO, UH, WITH THAT, UM, IT'LL BE A ROLL CALL VOTE, AND I'LL BEGIN WITH COMMISSIONER SOCAL.
COMMISSIONER OLUGO IN FAVOR, UH, COMMISSIONER FRANCIS.
THERE BEING SEVEN AYES AND NO NAYS.
UH, THE MOTION IS ADOPTED, UM, THE PROPERTY OWNER, YOU'LL RECEIVE A, UH, A COPY OF THE ORDER, UH, VIA CERTIFIED MAIL.
AND IF YOU HAVE, UH, QUESTIONS IN TERMS OF IMPLEMENTATION OR COMPLIANCE, UH, YOU CAN FEEL FREE TO DISCUSS WITH YOUR, YOUR CODE OFFICIAL.
AND, UH, THANK YOU FOR YOUR PARTICIPATION THIS EVENING.
UH, SO WITH THAT, WE WILL TURN TO AGENDA ITEM NUMBER.
I WONDER, WE, WE REALLY, HERE SWEENEY IS THE THING.
[5. Case Number: CL 2023-128313]
DO WE HAVE SOMEONE ON SWEENEY? DO WE HAVE SOMEONE HERE? YES, WE DO.OKAY, THEN LET'S, YEAH, WE'LL JUST GO AHEAD AND, AND WE'LL TAKE IT IN THE REGULAR ORDER.
WE'LL, WE'LL GO TO NUMBER FIVE.
AND IF MR. I BELIEVE IT'S RAMON AL, IS THAT RIGHT? ROMAN.
AND, UM, IS MS. HUGHES ON THE LINE AS WELL? SHE SHOULD BE.
SO, UH, IT LOOKS LIKE EVERYBODY'S HERE, SO, UM, MR. BERWIN, IF YOU'D LIKE TO TAKE IT AWAY, ITEM NUMBER FIVE ON THE AGENDA IS A RETURNING CASE.
CASE NUMBER CL 2023 DASH 12 83 3 REGARDING THE PROPERTY LOCATED AT 2 9 0 1 SWEENEY LANE, ALSO KNOWN AS MAINOR ESTATES STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE WAS OPENED IN MAY, 2022 AS THE RESULT OF A COMPLAINT.
THE CASE WAS BROUGHT BEFORE THE BUILDING AND STANDARDS COMMISSION AT THE MARCH, 2024 REGULAR MEETING WHERE IT WAS ORDERED THAT THE OWNER MAINTAIN THE SECURITY OF THE PROPERTY AND THAT THE HEARING BE CONTINUED UNTIL THE MAY 22ND, 2024 REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION, WHICH DID NOT TAKE PLACE DUE TO LACK OF QUORUM.
THE SUBJECT STRUCTURE IS AN UNOCCUPIED MULTIFAMILY STRUCTURE.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
THE PROPERTY IS LOCATED WITHIN 1000 FEET OF A SCHOOL, A BUS STOP, A DAYCARE, AND A SENIOR CARE FACILITY.
CONDITIONS AT THE PROPERTY ARE CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT THREE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE ILLUSTRATING PROXIMITY TO NEARBY FACILITIES, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND, UH, THE PREVIOUS ORDER OF THE BUILDING AND STANDARDS COMMISSION ISSUED MARCH 27TH, 2024.
AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH 4K AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE, AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING, COMMISSIONERS.
MY NAME IS WILLIS ADAMS. I'M A INVESTIGATOR FOR THE DEVELOPMENT SERVICES DEPARTMENT ASSIGNED IN THIS CASE.
AND HERE ARE SOME OF THE FACTS OF THAT CASE.
THE CASE WAS CALLED IN, UH, MAY 21ST, 2022 FOR, UH, STRUCTURAL ISSUES.
ALSO PROPERTY ABATEMENT ISSUES AS TRASH AND DEBRIS.
UH, THE INSPECTOR WHO CONDUCTED THAT INSPECTION IN MAY WAS CHARLES EDWARDS.
I WOULD RECEIVE THE CASE OVER A YEAR AND A HALF LATER AFTER NUMEROUS INSPECTORS HANDLED THE CASE.
UM, I RECEIVED IT OVER IN, UH, NOVEMBER OF 20, UH, THREE.
AND, UM, PRIOR TO THAT, THERE HAVE BEEN NUMEROUS INSPECTIONS, AS I MENTIONED, UH, FINDING VIOLATIONS SUCH AS BROKEN WINDOWS, DOORS, SOME ISSUES WITH THE ROOF, UH, TRASH AND DEBRIS.
UM, I SENT A NOTICE OF VIOLATION, UH, IN NOVEMBER OF THAT YEAR.
UH, THE OWNER PRIOR TO THAT, TO ME, GETTING THE CASE ACTUALLY PURCHASED A PROPERTY IN DECEMBER OF 2022.
UH, PRIOR TO HER OWNERSHIP, THERE HAD BEEN AT LEAST 71 CODE COMPLAINTS CALLED IN FOR THIS PROPERTY.
UM, ONE OF THE CORRECTIONS I HAVE
[01:50:01]
FOR MR. EVERWINE, UH, UM, OPENING WAS THAT THE ACTUAL SCHOOLS THERE, THE AUSTIN, UH, EXCEED SCHOOL IS ACTUALLY ABOUT 200 FEET FROM THIS PROPERTY RIGHT ACROSS THE STREET FROM THIS PROPERTY.UH, AT THE INTERSECTION OF SWEENEY LANE AND MAIN ROAD, THERE'S A DAIRY QUEEN RIGHT NEXT DOOR TO THE DAIRY QUEEN IS THE SCHOOL.
DOWN THE STREET IS A DAYCARE CENTER ABOUT 300 FEET, AND YOU ALSO HAVE A SENIOR CITIZEN HOME ABOUT A THOUSAND FEET AWAY.
UM, THIS PROPERTY IS A NUISANCE PROPERTY, UH, HAS BEEN SO FOR QUITE A WHILE.
UH, PERSONS EXPERIENCING, EXPERIENCING HOMELESSNESS, UH, BRINGING TRASH AND DEBRIS ON THE, I BELIEVE THE SOUTH SIDE OF THE PROPERTY.
THERE'S A RESTAURANT JUST OPENED UP.
UH, YOU CAN ACTUALLY OBSERVE, UH, BROKEN WINDOWS FROM THAT PROPERTY.
UH, WITH THAT, I'LL, I'D LIKE TO SHOW YOU THE, UH, EXHIBITS THAT I HAVE FOR THIS PARTICULAR PROPERTY.
FOUR A IS, UH, CONTEXTUAL PROP, UH, PICTURE OF THE PROPERTY, UH, FROM THE OPPOSITE SIDE OF SWEENEY LANE.
UH, YOU CAN SEE THAT THIS IS THE, UH, I GUESS THE TEMPORARY FENCE THAT WAS INSTALLED, UH, UH, UH, AFTER THE, UH, MARCH BSC HEARING.
UH, EXHIBIT FOUR B, UH, THIS IS A CLOSEUP ON TEXTUAL PHOTOGRAPH.
ACTUALLY, YOU CAN SEE THE ADDRESS THERE, 29 0 1.
UH, IN THIS PHOTOGRAPH, YOU'LL NOTICE THAT THAT FENCE WAS OPEN THE DAY THAT I TOOK THAT PHOTOGRAPH.
I WOULD CLOSE THAT FENCE BACK AND ZIP TIE IT, UH, BACK TOGETHER.
UH, I MEAN, IT, IT HAS BEEN OPENED AGAIN SINCE THEN.
I DO GO OUT THERE CONSTANTLY ON THAT STREET AND SEE, UH, LOOK AT THE, UH, PROPERTY.
I WAS JUST THERE WEDNESDAY, IN FACT, YESTERDAY IN FACT.
UH, ANOTHER, UH, EXHIBIT FOUR C.
THE IMPORTANCE OF THIS EXHIBIT IS ACTUALLY AT THE TOP.
THERE IS A, UH, YOU CAN SEE THE BLUE TARP THAT'S OVER THE ROOF LINE.
UH, I'M NOT SURE HOW FAR THAT GOES OVER THE ROOF.
I I THINK IT DOES EXTEND TO THE EASTERN SIDE OF THAT, UH, STRUCTURE.
BUT THERE IS A PHOTOGRAPH IN HERE WHERE AN EXHIBIT IN HERE THAT ACTUALLY SHOWS THAT, UH, NEXT EXHIBIT, PLEASE.
AND YOU CAN SEE, UH, THE TARP THERE AT THE VERY TOP, UH, LEFT HAND CORNER THAT, UH, PHOTOGRAPH ON THE DAY OF THIS, UH, THERE WAS, UH, REPRESENTATIVES FROM MS. HUGHES ACTUALLY CLEANING THE PROPERTY.
YOU CAN SEE, UH, A, UH, LOOKS LIKE A 20 YARD, UH, OR 20 FOOT ROLLAWAY DUMPSTER ON THE SITE.
AGAIN, THIS IS THE FRONT OF THE PROPERTY.
THEY ALSO WERE REMOVING BRUSH THAT SAME DAY.
ALL AS YOU NOTICE, THE WINDOWS ARE BOARDED UP.
UH, THERE ARE, I GUESS YOU'D CALL 'EM BURGLAR BARS ON THE DOORS, UH, TO KEEP PEOPLE FERMENTING THE PROPERTY.
UH, FOUR F AGAIN, THIS IS TOWARD THE CENTER AGAIN.
YOU SEE THE, UM, FRONT, UH, WINDOWS ARE ALL BOARDED UP.
AND THIS AGAIN, IS SHOWING THE OPENING IN THE FENCE.
THE, UH, TEMPORARY FENCE THAT SURROUNDS JUST A PART OF THE PROPERTY.
IT GOES AROUND THE FRONT AS WELL AS, UH, ONE SIDE.
AND THIS RIGHT HERE IS JUST TO ILLUSTRATE THAT THEIR FENCING, WHICH AT ONE TIME WAS A WOODEN PRIVACY FENCE, IS, UH, IN BAD SHAPE AS WELL.
AND ALSO HERE WE HAVE BASICALLY 10 FEET FROM THE PROPERTY IS THE CAB METRO BUS STOP.
AND THIS IS FROM THE BUS STOP, UH, SHOWING.
THERE'S, UH, THE DURATION IN THE FENCE, A GRAFFITI, I BELIEVE THAT DOOR THERE HAS GOT A WOODEN, UH, UH, UH, WOODEN PLYWOOD OVER IT AS WELL.
NEXT, UH, EXHIBIT, UH, THIS IS FROM THE RESTAURANT SIDE.
UH, THE TOP, THE TOP WINDOWS ARE BROKEN ON THAT END.
UH, FORTUNATELY THEY HAVE A PRETTY TALL FENCE THAT SEPARATES THE COMMERCIAL PROPERTY FROM THE RESIDENTIAL PROPERTY.
UH, NEXT GIVE, GIVE, YEAH, THAT'S A BETTER CLOSEUP OF THOSE WINDOWS.
AS YOU CAN SEE, THEY'RE BROKEN.
THERE'S ALSO A HOLE IN THE, UH, EXTERIOR WALL THERE AT THE TOP.
UH, THE PROBLEM WITH THAT IS THAT THERE'S A TREE REAL CLOSE, SO YOU'RE GONNA GET, UH, RODENTS, SQUIRRELS, MICE, POSSIBLY RACCOONS, OBVIOUSLY BIRDS.
ALSO THOUGH THE WEATHER ELEMENTS, UH, WE'VE HAD QUITE A BIT OF RAIN SINCE MARCH.
SO ALL THIS IS AFFECTING, UH, NOT ONLY THE OUTSIDE, BUT ALSO THE INSIDE OF THE STRUCTURE.
AND THAT CONCLUDES, UH, MY PHOTO EXHIBIT.
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
[01:55:01]
NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND EXHIBITS FOUR A THROUGH 4K, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
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.
PROVIDE TO THE COMMISSION'S COORDINATOR A WRITTEN ENGINEERING REPORT AS PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS.
THAT THROUGH AN ONSITE INSPECTION, EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE SUBJECT BUILDING TWO WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE, TO THE COMMERCIAL MULTI-FAMILY 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 DES, UH, DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH TWO A AND TWO B AND THREE, CONTINUE TO SECURE THE PROPERTY BY MAINTAINING THE TEMPORARY FENCE AS A MEANS TO ALLEVIATE ITS ATTRACTIVENESS AS A PUBLIC NUISANCE UNTIL ALL REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND FOUR, ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, AT THIS TIME, IF THERE'S NO OBJECTION, I'M GOING TO ADMIT, UH, THE CITY'S EXHIBITS THREE AND FOUR A THROUGH 4K IS THERE OBJECTION, HEARING NONE.
AND, UM, SO, UH, I UNDERSTAND, UH, WE HAVE MS. HUGHES ON THE LINE.
IS THAT RIGHT? CAN YOU HEAR US WELL? LET'S DO THIS.
I'LL, I'LL BEGIN WITH STAR SIX.
SO, MS. HUGHES, IF YOU'RE ABLE TO HEAR US, UH, I'M BEING ADVISED I CAN HEAR THIS.
MS. HUGHES, HAVE YOU BEEN SWORN IN THIS EVENING? UH, I, I DON'T KNOW IF YOU WERE HERE AT THE BEGINNING OF THE MEETING WHEN I WAS HERE.
UH, SO, UH, I'LL JUST REMIND YOU, YOU'RE STILL UNDER OATH.
UH, BEFORE GIVING YOU AN O BEFORE YOU BEGIN YOUR AFFIRMATIVE PRESENTATION TO THE COMMISSION, I WANNA GIVE YOU THE OPPORTUNITY TO ASK CODE INVESTIGATOR ADAMS ANY QUESTIONS IF YOU HAVE ANY AND OR MR. LAYLE CAN DO THE SAME.
UH, DO YOU HAVE ANY QUESTIONS? WELL, I'M, I, I'M GIVING, UH, ROMAN AL PERMISSION TO SPEAK IN MY BEHALF.
UH, MR. AL, ANY QUESTIONS FOR THE COMM FOR THE INVESTIGATOR BEFORE YOU BEGIN YOUR PRESENTATION? NO, NO.
UH, WILLIS HAS DONE A GREAT JOB.
I MEAN, AND NOTHING'S REALLY CHANGED SINCE THE LAST TIME WE WERE, I DO APPRECIATE ALL OF Y'ALL GIVING MS. PAULETTE A CONTINUANCE, BUT, UM, NOTHING'S CHANGED.
I MEAN, I GOT INVOLVED WITH THIS BECAUSE I WAS BUYING THE 17 UNITS ACROSS THE STREET, UM, LIKE A 1.7, ALL FULLY REMODELED.
AND I LOOKED ACROSS THE STREET AND SAW MS. HUGHES 10 UNITS AND THAT CONDITION.
AND I ASKED MY AGENT, MY AGENT HAPPENED TO KNOW HER, AND HE SAID, HOW MUCH DID SHE BUY THAT FOR? 2.1? I SAID, SOMETHING'S NOT RIGHT HERE.
SO I CALLED IT MS. HUGHES, WE BECAME FRIENDS.
SHE SHOWED ME ALL THE DOCUMENTS.
THEY SOLD IT TO HER SIDE UNSEEN, DIDN'T, NEVER EVEN SHOWED HER AN APPRAISAL, NOTHING.
SO I GOT INVOLVED WITH HER, I'M INTERESTED IN IT.
I WOULD LOVE TO SAVE IT, BUT MS. PAULETTE DOESN'T WANT IT.
LEONARD DOESN'T WANNA LET GO OF IT.
THEY WERE SUPPOSED TO FORECLOSE SIX MONTHS AGO WHEN I CAME TO THE LAST MEETING.
THEN I CALLED THEIR ATTORNEY AND SAID, LISTEN, THE VIOLATION'S GONNA FALL ON Y'ALL.
MS. PAULETTE WANTS OUT, AND THEN YOU HAVE TO SPAY, UH, PAY THE STATE TAXES.
SINCE THEN, IT'S BEEN CRICKETS.
THEY DON'T WANT TO EVEN PAY ALL THAT.
MISS PAULETTE DOESN'T WANT IT.
SO, I MEAN, LISTEN GUYS, IF WE JUST KEEP COMING BACK HERE OVER AND OVER, IT'S GONNA BE THE SAME THING.
WE'RE WASTING EACH OTHER'S TIME.
UM, SO BEFORE, SO, UH, INVESTIGATOR, DO YOU HAVE ANY QUESTIONS FOR EITHER THE OWNER, REPRESENTATIVE? UH, NO, I DON'T.
UH, THE ONLY THING I WOULD, UH, I DON'T HAVE ANY QUESTIONS THAT I JUST, UH, MAYBE I, I'LL WAIT TO SUMMARIZE LATER.
SO WITH THAT, UH, COMMISSIONER, THIS MIGHT BE A QUESTION FOR CITY STAFF, BUT IF YOU'RE SAYING DEMO
[02:00:01]
IT, IS THAT SOMETHING WE COULD AMEND AN ORDER TO DO? JUST DEMO THIS THING ENTIRELY BEFORE IT COMES UP? LISTEN, HERE'S WHAT I'M GETTING AT.IF THE CITY HAS THE POWER TO TAKE OVER PROPERTY DEMO.
YEAH, THAT'S ACTUALLY, YEAH, THAT WAS, GO AHEAD.
I MEAN, WE CAN DEMO IT, BUT YOU KNOW, WE HAVE A BUDGET, A DEMO BUDGET, AND IT'S STRESS TO THE MAX RIGHT NOW.
I'M NOT SAYING THE CITY WOULD PAY FOR THE DEMO.
AND THEN WE GOTTA TRY TO RECOUP THAT.
AND IF IT DOES GO THROUGH FORECLOSURE, I MEAN, WE POTENTIALLY LOSE OUR CLAIM.
SO THIS IS NOT SOMETHING WE'RE REALLY INTERESTED IN DEMOING.
UM, ANY OTHER QUESTIONS FOR THE CITY OR THE OWNER'S REPRESENTATIVE? SORRY, VICE CHAIR CAMPBELL.
JUST TO GO OFF OF THAT POINT, IF WE WERE TO TONIGHT, UM, AND THIS IS FOR DIVISION MANAGER MORE, UM, IF WE WERE TO ORDER THE REPAIR ORDER TONIGHT AND THE OWNER, OR PERHAPS THAT THEY FORECLOSED AND THE UH, THEN THE, UH, MORTGAGE ORDER DECIDED TO, UH, DEMOLITION IT AT A LATER TIME OR PERHAPS WITHIN THE TIMEFRAME.
UM, WOULD THAT BRING IT INTO COMPLIANCE WITH THE REPAIR ORDER? YES, IT WILL.
UH, THAT, THAT'S MY, THAT'S MY COURT.
UH, SO, UH, IT LOOKS LIKE THERE'S NO FURTHER QUESTIONS FROM THE COMMISSIONERS.
SO, UH, MR. LEAL, IF YOU'D LIKE TO TAKE THREE MINUTES IN SUMMATION, IT IS NOT NECESSARY.
IT'S NOT REQUIRED, BUT IF YOU'D LIKE, IF YOU HAVE ANY, I I DID HAVE A QUESTION FOR Y'ALL, IF SURE.
SAY Y'ALL DEMOED IT, WHO OWNS THE DEED STILL, THE OWNER? WELL, SO MY, MY UNDERSTANDING IS THAT IF THE CITY INCURS EXPENSES, REPAIRING, SECURING, DEMOLISHING, YOU KNOW, ANY OF THE THINGS THAT, UH, THO THE, THE EXPENSE INCURRED BECOMES A LIEN THAT RUNS WITH THE PROPERTY IN MOST ORDINARY CIRCUMSTANCES, I, I CAN EITHER.
SO, SO THAT'S WHAT WOULD, THAT'S WHAT WOULD HAPPEN THERE.
IF Y'ALL HAVE THE POWER AGAINST SOMEONE'S OBJECTION TO DEMO THEIR PROPERTY, WELL, BUT NO, NO.
BUT DON'T YOU HAVE THE POWER TO SAVE A PROPERTY?
UM, SEE, THAT'S A, THAT'S A COMPLEX QUESTION.
I, I, I THINK, UH, WHAT YOU RUN INTO, SO THE, THE LANGUAGE THAT I RECALL FROM THE LOCAL GOVERNMENT CODE, AND I'M NOT TRYING TO GIVE LEGAL ADVICE, I MIGHT ASK COUNSEL TO JUMP IN IF I'M GETTING IT WRONG, IS THAT, UH, THE MAGIC WORDS ARE, YOU KNOW, REPAIR, DEMOLISH, MOVE, YOU KNOW, VACATE, UH, THAT THOSE ARE THE, THOSE ARE WHAT WE CAN PUT IN AN ORDER.
BUT I THINK THAT THE REPAIR PART DROPS OUT OF WHAT WE CAN DO OURSELVES, RIGHT.
SO, YOU KNOW, IN OTHER WORDS, WE'RE NOT GOING TO TAKE POSSESSION OF THE PROPERTY AND, AND ALL OF A SUDDEN THE CITY OWNS A, AN APARTMENT COMPLEX THAT WE'RE, YOU KNOW, UH, LIKE WE'RE LANDLORDS.
NOW, I DON'T THINK THAT'S HOW THIS'S, THE REASON THAT WE ALL DO, IF YOU DEMO IT, CAN WE, YOU KNOW, YOU THE CITY WOULD NOT BE TAKING OWNERSHIP OF RIGHT, RIGHT.
SO WE CAN, I MEAN, WE COULD NOT GET DOWN IF WE HAD TO, YOU KNOW, BUT, BUT WE ARE NOT GOING TO SORT OF DO ALL THE, THE CITY WON'T DO ALL THE REPAIRS.
AM I CORRECT ABOUT THAT? OR IS THAT BETTER FOR THE DIVISION MANAGER? RIGHT? THAT'S RIGHT.
WE DON'T DO REPAIRS, RIGHT? I MEAN, THERE IS A THING CALLED RECEIVERSHIP WHERE A THIRD PARTY YEAH, I'M DOING ONE ABOUT COMPLEX IS RIGHT NOW.
BUT WE DON'T HAVE THAT PROGRAM HERE.
BUT DO Y'ALL SEE WHAT I'M GETTING AT? IF Y'ALL HAVE SO MUCH AUTHORITY, Y'ALL CAN TAKE SOMEONE'S PROPERTY AND DEMO IT.
DON'T YOU HAVE THE AUTHORITY TO TAKE THE PRO AND SAVE IT? I DON'T THINK WE, WE DON'T TAKE THE PROPERTY.
DOES THAT, DOES THAT MAKE SENSE? I'M JUST GONNA DO A LITTLE BIT OF REDIRECT HERE.
I MEAN, GENERALLY, SO IT'S NOT WITHIN THE MANDATE OF THE COMMISSION TO SORT OF FE FIELD QUESTIONS, UH, FROM OWNER REPRESENTATIVE.
I MEAN, NO OFFENSE, I'M NOT, YOU KNOW, TRYING TO, UH, BE DISAGREEABLE, BUT, YOU KNOW, IN TERMS OF PROCESS, YOU, YOU KNOW, WE CAN FIELD QUESTIONS ABOUT, YOU KNOW, HOW DO I DO THIS OR THAT TO COME INTO COMPLIANCE.
BUT, BUT YOU KNOW, I THINK THE QUESTIONS YOU'RE GOING THROUGH ARE SOMEWHAT GOING BEYOND THE AMBIT.
THAT'S OF WHAT WE CAN RESPOND TO.
THAT'S A DEEP QUESTIONS BECAUSE I WANNA SAVE IT.
I LOVE, BUT WE DON'T, TO BE CLEAR, AT NO POINT DO WE, DO WE TAKE TITLE TO THE, THE PROPERTY.
I MEAN, YOU KNOW, BASICALLY WE WOULD, IF, IF THERE'S A, IF THERE'S A STRUCTURE THAT PRESENTS A, A HAZARD, YOU KNOW, THE CITY CAN DEMOLISH IT AT THE CITY'S OWN EXPENSE.
AND THEN THE CITY'S ENTITLED TO RECOUP THAT IF POSSIBLE, BY, BY HAVING A LIEN ATTACHED TO THE PROPERTY.
BUT IT, WE'RE NOT ACTUALLY, WE'RE NOT ACTUALLY TAKING THE PROPERTY.
WE'RE NOT CONDEMNING IT AND TAKING, TAKING IT AS A, TAKING TITLE TO IT, AS I UNDERSTAND IT, THAT WOULD BE, I DON'T THINK THAT'S THAT HAPPENED.
[02:05:01]
IT SOUNDS, IT SOUNDS TO ME AS THOUGH YOU DON'T HAVE A SUMMA A SUMMATION.YOU JUST HAD A COUPLE OF QUESTIONS YOU WERE WONDERING ABOUT.
IS THAT NO, I, I WOULD LOVE TO SAVE IT.
I WOULD, I JUST, I'M STUCK ON THAT.
THEY DON'T WANT TO FORECLOSE, SHE DOESN'T WANT, YOU'RE NOT GONNA GET REPAIRS ON IT.
IT'S GONNA STAY LIKE THAT FOREVER.
AND I'LL GO TO THE OWNER AND SAY, LISTEN,
WELL, THE, THE, THE BANK, IN OTHER WORDS.
WELL I APPRECIATE, WE APPRECIATE YOUR INPUT ON THAT, SO THANK YOU FOR THAT.
UM, UH, INVESTIGATOR, DO YOU HAVE ANY SUMMATION? YOU MENTIONED HAVING A, A FINAL POINT.
UH, ACTUALLY THE DISCUSSION ACTUALLY AS PART OF THAT DISCUSSION, UM, IN ORDER BRINGING UP THE POSSIBILITY OF REPAIR, UH, LOOKING AT THE CONDITION THAT PROPERTY HAS BEEN IN FOR A NUMBER OF YEARS NOW, AND THE FACT WE WERE HERE FIVE MONTHS AGO, FIVE MONTHS FROM NOW, WE'RE GOING INTO THE WINTER MONTHS.
IT'S A, YOU KNOW, IT, IT'S BEEN ALREADY IDENTIFIED BY PERSONS EXPERIENCING HOMELESSNESS AS A PLACE THEY COULD FREQUENT.
SO, UM, I KNOW WE HAVE THE FIRE MARSHAL, UH, USUALLY PROPERTIES THAT ARE ABANDONED IN THE CITY OF AUSTIN BECOME THE FIRST PROPERTIES THAT END UP INCURRING FIRES BECAUSE OF PEOPLE TRYING TO STAY WARM DURING THE WINTER MONTHS.
SO IN TERMS OF REPAIR, I'M NOT AN ENGINEER.
I DON'T KNOW IT CAN BE REPAIRED OR NOT, BUT I THINK IN ONE OF THE, EARLIER, IN PART OF THE EARLIER, UH, UH, WORTHY THAT MIGHT HAVE OR SUGGESTED IN THE FIRST, OR THERE WAS POSSIBILITY OF THEM GETTING AN ENGINEER'S REPORT TO DETERMINE THE HOW SECURE OR NOT HOW SECURE, BUT HOW IF THIS PO THIS COULD BE POSSIBLE.
IT, MAYBE IT COULD BE REPAIRED, BUT I, LIKE I SAID, I DON'T KNOW.
BUT THAT WOULD BE SOMETHING THAT WE WOULD NEED TO HAVE FIRST, I GUESS.
UM, SO BEFORE, UH, TAKING A MOTION TO CLOSE, ARE THERE ANY FINAL, UH, QUESTIONS IN LIGHT OF, OKAY, SO I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AT THIS TIME.
THANK YOU FOR THE OPPORTUNITY,
YES, I'D LIKE TO CLOSE THE HEARING.
I'LL SECOND, I SECOND IT BY COMMISSIONER SHUGART.
ANY OPPOSED? UH, THE AYES HAVE IT, UH, THE PUBLIC PORTION IS NOW CLOSED.
I WOULD ADVISE, UH, MS. HUGHES AND MR. AL, WE WON'T MEET ANY FURTHER AFFIRMATIVE TESTIMONY FROM YOU, BUT I'D ADVISE YOU TO KIND OF REMAIN NEARBY IN CASE WE NEED TO RECALL YOU FOR QUESTIONS.
AND, UH, IS THERE, IS THERE A MOTION ON THE PROPOSED, UH, ORDER? WELL, I'M ON A ROLL HERE, MRS. YES.
I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND THE STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
SO ON THE MOTION OF COMMISSIONER SIG, UH, SECONDED BY COMMISSIONER O OLUGO TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, UH, I'LL OPEN IT UP TO DISCUSSION AND I'LL BEGIN WITH THE AUTHOR OF THE MOTION.
UH, COMMISSIONER SLY, ANYTHING TO SAY? NO, I THINK THE, UH, ORDER IS, IS WELL STATED AND, UH, DOESN'T NEED ANY MORE DATA.
UM, UH, VICE CHIEF? WELL, I THINK I'M GONNA GO TO COMMISSIONER OLUGO HAVING, I'LL JUST NOTE, UM, I MEAN, I DO THINK THIS MOST DISORDER WOULD DEFINITELY WON'T SOLVE, WON'T MAKE IT, YOU KNOW, ANY MORE SAFE.
AND ESPECIALLY CONSIDERING THAT WE ARE APPROACHING THE WINTER MONTHS, I, I WOULD LOVE FOR A SOLUTION TO, UH, BE MADE.
UM, I WOULD LOVE FOR THERE TO BE A SOLUTION, BUT I THINK, YOU KNOW, OUT OF RESPECT TO THE, UM, STAFFS, UM, SORT OF CONCERNS AROUND JUST TRYING TO DEMO THIS THING, WHICH TO FAIR, IT WOULD BE HARDER TO DEMO THAN A SINGLE FAMILY HOME.
UM, I THINK JUST DOING THE ORDERS WILL PROBABLY MAKES MOST SENSE, EVEN THOUGH I, I'M SORT OF SKEPTICAL THAT IT WILL, I'M, I'M HIGHLY CONFIDENT FIVE MONTHS WILL BE HERE AGAIN.
SO I JUST WANT TO SPEAK TO KIND OF, AGAIN, THAT IDEA OF, UM, PUTTING IN A DEMOLITION ORDER INSTEAD.
BECAUSE WHAT, WHAT I SEE AS A FUNDAMENTAL PROBLEM HERE IS THAT IT SEEMS LIKE THE ONLY WAY THAT THIS GETS RESOLVED IN TERMS OF A, IN, IN TERMS OF THE OWNER'S ACTION IS IF THE KIND OF UNDERLYING LEGAL DISPUTES, UM, THAT Y'ALL HAVE TALKED ABOUT GET RESOLVED, RIGHT? JUST SO THAT WAY THERE IS SOMEONE WHO WILL TAKE ACTION ON THE PROPERTY AND THAT, YOU KNOW, THAT'S OBVIOUSLY NOT SOMETHING THAT WE CAN REALLY EVALUATE OR ANYTHING.
UM, BUT JUST IN LIGHT OF THAT, IT, IT SEEMS LIKE THE ONLY THING THAT WE COULD DO AS A COMMISSION THAT WOULD BRING RESOLUTION TO IT WOULD BE TO ORDER A DEMOLITION AND HAVE IT ULTIMATELY GO THROUGH THE CITY.
[02:10:02]
IN LIGHT OF THAT, I THINK WE SHOULD CONSIDER WHETHER THAT MIGHT BE THE BETTER OPTION, EVEN WITH THE ADDITIONAL COSTS TO THE CITY POTENTIALLY.UM, AND, AND, YOU KNOW, WHO KNOWS IF, IF THE CITY WOULD BE ABLE TO RECOUP THE COSTS? UM, BUT JUST IN LIGHT OF THE FACT THAT IF, YOU KNOW, IF THIS IS FIVE MONTHS OUT AND IT STAYS KIND OF DANGEROUS AND, UM, AN ATTRACTIVE NUISANCE, THEN, UH, THAT IS SOMETHING THAT I'M STILL CONCERNED ABOUT.
AND IT SEEMS LIKE THE ONLY THING THAT WE COULD ACTUALLY DO THAT WOULD BRING RESOLUTION TO THE ISSUE, UM, WOULD BE A DEMOLITION ORDER.
UH, COMMISSIONER FRANCIS, I AGREE WITH COMMISSIONER, UH, CAMPBELL, I, AND IN LIGHT OF INSPECTOR'S COMMENTS ABOUT THE FIRE ISSUE, AND WE'VE HEARD THE CHIEF SPEAK ABOUT THAT ISSUE BEFORE THAT THAT CREATIVELY CONCERNS ME.
UH, IT'S AN EYESORE, IT'S NOT GOING ANYWHERE.
UM, AND I, I DO UNDERSTAND THE COMPLEXITIES FOR YOU GUYS, BUT THE ULTIMATE RESOLUTION, I THINK IS THAT IT GETS SCRAPED.
UH, SO I WILL NOT SUPPORT THE MOTION EITHER.
UM, SO WHAT I'D LIKE TO, SORRY, COMMISSIONER SLY, I'D LIKE TO HEAR AGAIN FROM MR. MOORE ABOUT WHY THIS RECOMMENDED ORDER IS HERE INSTEAD OF A DEMOLITION.
UH, I MEAN, WE FEEL THIS ISN'T GONNA FALL OVER AND KILL ANYBODY RIGHT NOW, SO, I MEAN, THAT'S KIND OF WHY WE'RE LOOKING FOR REPAIR.
UM, AGAIN, YOU KNOW, FUNDS ARE, ARE REAL TIGHT FOR, FOR DEMO.
I MEAN, WE'VE GOT A BUNCH IN QUEUE, SO WHETHER WE GET A DEMO ORDER, WHETHER WE GET A REPAIR ORDER, THIS IS GONNA SIT FOR A WHILE.
I MEAN, IF NO, IF THEY DON'T DO ANYTHING WITH IT.
UH, AND, AND ALSO JUST TO REMIND THE COMMISSION THAT EVEN THOUGH YOU GIVE A DEMOLITION ORDER, THE CITY'S NOT OBLIGATED TO DEMOLISH.
I MEAN, WE CAN WE'LL PRIORITIZE, WE'LL TRY, YOU KNOW, AND I MEAN, THIS COULD GAIN, UH, POLITICAL PRESSURE TO GET A DEMOLISHED, MAYBE THAT GETS IT DEMOLISHED.
SO THERE'S OTHER WAYS THAT, YOU KNOW, IT, IT WOULD COME UP FOR DEMOLITION.
BUT YEAH, I MEAN, THAT'S, WE'RE JUST TRYING TO BE GOOD STEWARDS OF TAXPAYER MONEY, RIGHT? AND I DON'T WANT TO DEMOLISH SOMETHING WHERE I THINK IF IT GOES THROUGH FORECLOSURE, WE DON'T HAVE, WE, WE DON'T GET THAT BACK.
SO THAT WAS THE REASON WHY I SUPPORTED THE, THE STAFF'S RECOMMENDATION.
UM, THEY PUT A LOT OF WORK AND EFFORT INTO THIS ORDER, AND I THOUGHT IT WOULD BE GOOD TO SUPPORT THEM.
SO, SO I, IN A MOMENT, I'M GONNA GO, I'M GONNA INVOLVE, UH, COUNSEL IN A MOMENT BECAUSE I, AS MEMBERS WILL RECALL, THIS WAS BEFORE US A FEW MONTHS AGO.
UH, AND IT HAD, UM, UH, PENDING LITIGATION, UM, ON IT.
AND SO I THINK WE SHOULD, WE SHOULD GET AN UPDATE ON THAT, UH, BECAUSE I BELIEVE THAT WAS THE ENTIRE REASON THAT IT WAS, THAT IT WAS CONTINUED OR TABLED AT THE TIME.
UH, BUT I MEAN, JUST BEFORE, BEFORE I DO THAT, I JUST, I, I DO HAVE A FEW THOUGHTS ON IT THAT I, I DID WANT TO SHARE.
AND, AND I THINK THAT, I THINK AS, AS, UH, INVESTIGATOR ADAMS HAD NOTED LAST TIME WE WERE HERE, UH, THAT THIS, UH, THIS PROPERTY, IT, IT'S, YOU KNOW, WITHIN, UM, 300 FEET OF TWO DIFFERENT EDUCATIONAL INSTITUTIONS.
YOU MENTIONED LAST TIME THAT IT WAS, UH, 198 FEET FROM THE AUSTIN ACHIEVE CHARTER SCHOOL, UH, WITHIN ABOUT 200 FEET OF THE MAINOR HOUSE, WHICH IS A, A SENIOR CITIZEN'S RESIDENCE.
YOU KNOW, OBVIOUSLY I THINK, YOU KNOW, IT'S IMPORTANT THAT, THAT, THAT SOME ACTION BE TAKEN ON IT.
AND AGAIN, WE'RE GONNA HEAR MORE FROM COUNSEL ON THE PENDING LITIGATION, BUT, BUT, UM, BUT YOU KNOW, MY THOUGHTS ON THIS THAT I THINK SOME MY FELLOW COMMISSIONERS MIGHT FIND SURPRISING IN LIGHT OF, YOU KNOW, I, IF YOU WATCH ME ON THIS COMMISSION FOR A WHILE, YOU KNOW, I'M, I'M PRETTY QUICK TO IDENTIFY CASES THAT I THINK WE NEED TO BE SOMEWHAT CIRCUMSPECT ABOUT.
AND SO, LIKE A PARADIGM CASE WOULD BE LIKE A CASE THAT'S WHERE THE PROPERTY, THE SUBJECT PROPERTY IS BOUND UP IN PROBATE WHERE MAYBE THE RECORD OWNER HAS PASSED AWAY, AND THERE'S LIKE LITERALLY NO PERSON, UH, WHO ALIVE WHO CAN JUST CLEANLY APPLY FOR A PERMIT AND GET ANYTHING DONE ON IT.
AND IN THAT SITUATION, YOU KNOW, I FEEL LIKE IF WE ENTER AN ORDER THAT'S JUST GONNA BECOME SUBJECT TO, UM, YOU KNOW, AN INJUNCTION OF THE PROBATE COURT, IT'S SORT OF POINTLESS.
WE'RE GENERATING A LOT OF, YOU KNOW, LEGAL FEES FOR PEOPLE WHO, YOU KNOW, FOR NO REAL REASON WITHOUT REALLY FURTHERING THE PURPOSE.
AND, YOU KNOW, AGAIN, COUNSEL CAN CORRECT ME IF I'M WRONG, BUT I, I KIND OF TOOK THE OPPORTUNITY WHEN I SAW THIS ONE COMING BACK TO KIND OF REVIEW THE LAW.
AND I, AND I JUST DON'T THINK THAT'S THE, THE SAME CASE HERE.
IT'S LIKE, YES, THERE'S LITIGATION PENDING, BUT AS I UNDERSTAND IT, THE LITIGATION WAS, WAS, UM, THE, THE, THE OWNER MS. HUGHES HAD WAS LITIGATING TO, TO STOP A, A FORECLOSURE.
AND SO ONE OF THE THINGS THAT WE DO UNDER THE LOCAL GOVERNMENT CODE IS BEFORE A HEARING LIKE THIS ONE, UH, OR AT, AT THE LATEST AFTER WE
[02:15:01]
GIVE THE ORDER, IS WE NOTICE ANY, ANY LIEN HOLDERS.SO WHAT WE HAVE HERE, WE HAVE THE PROSPECTIVE BUYER HERE, WE HAVE THE CURRENT RECORD OWNER WHO WOULDN'T BE PREVENTED FROM OBTAINING AND FINALIZING NECESSARY PERMITS.
AND PRESUMABLY BY NOW WE HAVE THE ATTENTION OF, YOU KNOW, ANY, UH, PURCHASE MONEY, YOU KNOW, SECURITY INTEREST HOLDER AS WELL.
AND, UH, WITH, WITH, WITH THAT PARTY STARTS TO SEE THAT A THOUSAND DOLLARS A WEEK, YOU KNOW, ARE BEING PLACED ON THE PROPERTY, IT, IT'S GOING TO CREATE AN INCENTIVE FOR THEM TO KIND OF COME TO THE TABLE AND, AND, AND GET A TOURNIQUET ON THAT.
AND SO, I, I GUESS WHAT I'M, WHAT I'M, WHAT I'M GETTING AT IS WITH RESPECT TO, WITH ALL DUE RESPECT TO VICE CHAIR AND COMMISSIONER, UM, UH, YOU KNOW, FRANCIS, I DON'T THINK, PARDON ME, UM, I'VE ALREADY FORGOTTEN WHO WAS A
BUT I GUESS WHAT I'M SAYING IS I DON'T VIEW A REPAIR ORDER IN THIS CASE AS NECESSARILY A DEAD LETTER, UH, AS SOMETHING THAT'S JUST GONNA RESULT IN AN INJUNCTION.
I THINK, UH, DIVISION MANAGER OR MORE REP, UH, MENTIONED RECEIVERSHIP.
I THINK THAT THAT IS AN OPTION THAT'S AVAILABLE TO THE TRAVIS COUNTY DISTRICT COURT, UH, IN WHICH, IN THE COURT IN WHICH LITIGATION IS PENDING.
YOU KNOW, I THINK THERE ARE SPECIFIC, UH, GOVERNMENT CODE PROVISIONS THAT ALLOW APPOINTMENT OF A RECEIVER TO ADDRESS, UM, ISSUES THAT ARE WITHIN THIS COMMISSION'S JURISDICTION.
UM, AND, AND SO, YOU KNOW, I, I UNDERSTAND THE ATTRACTION OF DEMOLITION BECAUSE IT SEEMS VERY FINAL.
UH, BUT I ALSO DON'T THINK THAT A REPAIR ORDER WOULD BE COMPLETELY, UH, COMPLETELY POINTLESS ON THESE FACTS.
UH, BUT, UM, SORRY, I DON'T MEAN TO RAMBLE.
I DON'T MEAN TO FILIBUSTER HERE.
UM, UH, MS. HERRERA, DO YOU HAVE AN UPDATE ON THE LITIGATION? YES, THANK YOU, CHAIR.
UM, SO OF COURSE THIS LITIGATION STARTED IN, I BELIEVE, AUGUST OF LAST YEAR.
UM, THE IMPETUS, IT SEEMS REALLY WAS TO PREVENT A, FOR A, AN IMPENDING FORECLOSURE THAT I BELIEVE WAS SUPPOSED TO HAVE TAKEN PLACE IN SEPTEMBER OF LAST YEAR.
UM, BUT THERE WERE ALSO OTHER CAUSES OF ACTION THAT WERE ASSERTED, UM, BY MS. HUGHES'S ATTORNEY AT THE TIME, UM, SUCH AS FRAUDULENT MISREPRESENTATIONS, THAT SORT OF THING.
UM, WHERE IT STOOD AT THE END OF LAST YEAR, IN DECEMBER OF 2023, THE PARTIES HAD ENTERED INTO A RULE 11 AGREEMENT, WHICH IS BASICALLY AN AGREEMENT THAT THEY WERE GOING TO, UM, MAINTAIN THE STATUS QUO.
THEY WERE GONNA TRY TO WORK TOGETHER TO EITHER SELL THE PROPERTY, UM, THEY WERE GOING, THE LENDER HAD AGREED TO EXTEND THE LIFE OF THE LOAN, UM, FOR THAT PURPOSE.
AND SO THINGS KIND OF WERE AT A STANDSTILL.
THE MOST RECENT ACTIVITY ACTUALLY TOOK PLACE IN APRIL OF THIS YEAR WHERE IT APPEARS THAT, UM, MS. HUGHES ATTORNEY WITHDREW AS COUNSEL.
UM, IT'S NOT EXACT, IT'S NOT ENTIRELY CLEAR FROM THE MOTION WHAT HAPPENED, UM, BUT THAT ORDER WAS GRANTED.
AND SO IT DOES NOT APPEAR THAT MS. HUGHES CURRENTLY IS REPRESENTED BY COUNSEL AT THIS TIME FOR THAT, FOR THAT PENDING LAWSUIT.
UM, AND I'VE NOT SEEN ANY NEW RECENT ACTIVITY SINCE THAT ORDER WAS GRANTED.
SO IT SEEMS THAT THE LAWSUIT IS CURRENTLY AT A STANDSTILL.
UM, AND I'M NOT SURE WHAT THE STATUS IS AS FAR AS THE LOAN, WHAT THE STATUS IS AS FAR AS, UM, ANY OF THE, THE PARTIES INVOLVED MOVING FORWARD.
THERE WERE SEVERAL DEFENDANTS WHO WERE NAMED IN THIS LAWSUIT, UM, WHICH IS PART OF THE CONCERN OF THAT.
WE HAD TO MAKE SURE THAT EVERYBODY WAS PROPERLY NOTICED, UM, OF THIS PARTICULAR HEARING.
AND, AND PART OF THE REASON WHY WE, WE REQUESTED THE CONTINUANCE FOR THAT, THAT PURPOSE AT THE LAST HEARING.
UM, IF I MAY CHAIR, I'D ALSO JUST LIKE TO MAKE A QUICK POINT OF, OF INFORMATION AND, AND CLARIFICATION, AND I BELIEVE YOU KIND OF TOUCHED ON THIS, UM, JUST TO MAKE SURE IT'S, IT'S CLEAR THAT THE CITY, WE ARE NOT AUTHORIZED TO TAKE PROPERTY.
UM, REALLY THE LOCAL GOVERNMENT CODE, CHAPTER TWO 14, DOES PROVIDE THE BUILDING A STANDARDS COMMISSION WITH THE AUTHORITY TO ISSUE A DEMOLITION ORDER IF YOU BELIEVE THAT THE EVIDENCE, UM, MAKES IT APPROPRIATE TO DO SO.
THE LOCAL GOVERNMENT CODE, CHAPTER TWO 14 ALSO PROVIDES THAT THE CITY AS, UM, DIVISION MANAGER MOORE POINTED OUT, WE MAY CHOOSE TO STEP IN, ASSUMING THAT THE PROPERTY OWNER FAILS TO COMPLY WITH A DEMOLITION ORDER, WE CAN THEN STEP IN AT THAT TIME AT OUR CHOOSING, UM, TO COMPLETE THAT ORDER AND, AND TO COMPLETE THE DEMOLITION.
SO I JUST WANNA MAKE SURE THAT IT'S, IT'S CLEAR FOR THE RECORD WHERE THE LEGAL AUTHORITY IS COMING FOR, FOR THOSE THINGS.
UH, SO I, I HAD BEEN KIND OF LIKE I SAID, FILIBUSTERING FOR A LITTLE BIT THERE.
LET ME, LET ME PAUSE AND, AND SEE IF, UH, ANYBODY HAS ANY, ANY FURTHER FURTHER THOUGHTS, ANY FURTHER DISCUSSION ON THE PENDING MOTION IN LIGHT OF WHAT COUNSEL IS ADVISED, OR, UM, ANY OF THE DISCUSSION? REMIND ME WHO WERE OUR, WHO WAS OPPOSED TO, UH, SO YOU, ALRIGHT.
UH, I, I, I WILL JUST SAY I, I WAS NOT EXACTLY OPPOSED TO THE MOTION.
I, I DID SERIOUSLY WANT TO, UM,
[02:20:02]
DISCUSS THE POSSIBILITY OF CHANGING IT TO A DEMOLITION ORDER.UM, BUT JUST IN LIGHT OF EVERYTHING THAT'S BEEN SAID, I, I, I DO THINK THAT I'M CONVINCED THAT THE, UH, MOTION WOULD BE THAT THE, UH, CURRENT ORDER WOULD BE GOOD.
COMMISSIONER FRANCIS, ANY FURTHER THOUGHTS? NOPE.
UM, SO, MR. SOCAL, ANY THOUGHTS? NO, I, I, I AGREE WITH YOU IN TERMS OF YOUR LINE OF THOUGHT.
I, I DON'T LIKE THE IDEA OF KICKING THIS DOWN THE ROAD OR HAVING TO SEE IT AGAIN A FEW MONTHS FROM NOW, BUT BELIEVE THAT THE RECOMMENDATION IS THE, THE WAY FORWARD.
WELL, I MEAN, IT'S, IT'S, IT'S FAR FROM CERTAIN, BUT I THINK THAT I'M GOING TO PUT THIS, THIS QUESTION TO THE BODY.
UM, SO JUST AS A REMINDER, UM, THIS IS ON THE MOTION OF COMMISSIONER, UH, SALLY, UH, SECONDED BY COMMISSIONER OLUGO.
IT WOULD ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER IN ITS ENTIRETY.
UH, IF YOU HAVEN'T TAKEN A LOOK AT IT, IT'S SLIGHTLY DIFFERENT FROM OUR STANDARD REPAIR ORDER.
IT HAS THE 45 DAY LANGUAGE, BUT ALSO, UH, REQUIRES, UH, AN EVALUATION OF THE STRUCTURAL INTEGRITY OF THE BUILDING.
IT ACTUALLY EXPRESSLY REQUIRES THAT THE PROPERTY BE MAINTAINED, UH, SECURE, UH, WITH TEMPORARY FENCING.
THE CIVIL PENALTY IN THIS CASE IS A THOUSAND DOLLARS A WEEK, NOT JUST 250.
UM, AND SO WITH THAT, I'M GONNA MAKE IT A ROLL CALL VOTE, AND I'LL BEGIN WITH, UH, COMMISSIONER SOCAL.
AYE, UH, COMMISSIONER SHUGAR? AYE.
COMMISSIONER, UH, FRANCIS NAY.
COMMISSIONER, UH, VICE CAMPBELL? AYE.
THERE BEING SIX AYES AND ONE NAY.
UH, THE STAFF'S PROPOSED, UH, ORDER IS ADOPTED AND, UH, THE, UH, OWNER REPRESENTATIVES WILL RECEIVE A COPY OF THE ORDER BY CERTIFIED MAIL.
UM, MR. LEAL, UH, MS. HUGHES, THANK YOU FOR YOUR ATTENDANCE THIS EVENING.
IF YOU HAVE QUESTIONS AFTER THIS, UH, FEEL FREE TO TAKE THEM UP WITH, CAN YOU HEAR ME? THIS IS MS. HUGHES, CAN YOU HEAR ME? WE CAN, YES.
UH, I'VE ALREADY BEEN FRAUDED AND THEN YOU'RE GONNA PUT ALL THIS ON ME.
I, I DON'T WANT THAT PROPERTY.
WHY ARE YOU PUTTING MORE ON ME? I CAN'T, THEY SPENT ALL MY MONEY ALREADY.
WHAT AM I SUPPOSED TO, THIS IS NOT THE MS. HUGHES.
UH, I, I, I DON'T, I DON'T WANT TO TAKE, UH, PERSONALLY TAKE THE POSITION OF, OF TRYING TO ACCOUNT FOR THE ANIMATING PRINCIPLES BEHIND THE LAWS THAT WE'RE HERE TO, UH, THAT WE'RE HERE TO ENFORCE.
UH, BUT, UH, MY SINCERE HOPE IS THAT THE OTHER PARTIES INVOLVED WILL BE COGNIZANT OF THE IMPLICATIONS OF THE FINES THAT ARE ABOUT TO ACCRUE AND, AND, AND THAT A RESOLUTION WILL BE, WILL BE REACHED IF NECESSARY THROUGH, UH, DISCUSSIONS WITH THE, BUT THEY, THEY WON'T TAKE THEIR PROPERTY BACK.
I, I'VE BEEN ASKING THEM TO FORECLOSE ON ME.
MY MY HOPE IS THAT THIS ORDER WILL GET THEIR ATTENTION AND, UH, AND, UH, BUT OBVIOUSLY IF YOU HAVE FURTHER CONCERNS, FEEL FREE TO DISCUSS THEM WITH, UH, THE CODE, THE CODE INVESTIGATOR.
AND, AND THANK YOU FOR BEING HERE TONIGHT.
AND WHO'S THE CODE INVESTIGATOR? UH, INVESTIGATOR ADAMS IS, UH, OKAY.
UH, WITH THAT WE'RE GONNA MOVE ON TO AGENDA
[6. Case Number: CL 2022-049782]
ITEM NUMBER SIX.AND, UH, I SHOW THAT REGISTERED ON THIS, UH, ITEM IS WE HAVE A, UH, LAURA JACKSON CROCKETT, UH, IF YOU WOULDN'T MIND COMING DOWN FRONT.
AND, UH, CAMERON SCOTT IS THERE.
CAMERON SCOTT HERE FROM THAT PROPERTY AS WELL.
AND, UH, JAMES, IF YOU'D LIKE TO START ITEM NUMBER SIX ON THE AGENDA, CL 2022 DASH OH 4 9 7 82 IS A RETURNING CASE REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE LOCATED AT 1 1 6 7 SPRINGDALE ROAD.
EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS PREVIOUSLY HEARD AT, UH, THE APRIL 27TH, 2022 BUILDING AND STANDARDS COMMISSION.
MEETING A BSC ORDER WAS ISSUED FOR REPAIR RESIDENTIAL STRUCTURE WITHIN 90 DAYS, WITH A PENALTY
[02:25:01]
OF $200 PER MONTH TO BEGIN TO ACCRUE ON THE 91ST DAY.IF REPAIRS WERE NOT COMPLETE TO DATE, NO PERMITS HAVE BEEN APPLIED FOR AND THE ORDERED REPAIRS HAVE NOT BEEN MADE.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY TOTAL IS $5,257 AND 14 CENTS, AND CONTINUES TO ACCRUE THE NOTED VIOLATIONS CREATE A PUBLIC NUISANCE WITH SUBSTANDARD, UNSAFE AND HAZARDOUS CONDITIONS.
WE ARE RECOMMENDING MODIFICATION OF THE EXISTING ORDER TO CHANGE FROM REPAIR TO DEMOLITION AND REDUCE THE AMOUNT OF THE, UM, SORRY, NOT THAT PART.
IN YOUR READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE TWO A THROUGH TWO E THREE AND FOUR A THROUGH FOUR H, WHICH WERE PREVIOUSLY ADMITTED.
EXHIBIT FIVE, WHICH CONTAINS UPDATED COMPLAINT AND CASE HISTORIES.
COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING AND POSTINGS, A COPY OF THE EXISTING BSE ORDER TRV 20 22 0 8 3 9 5 5, AND A PENALTY STATEMENT AND EXHIBIT SIX, WHICH CONSISTS OF CODES PHOTOGRAPHS MARKED AS SIX A THROUGH SIX I.
AND LASTLY, CODES RECOMMENDED ORDER.
AUSTIN CODE INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS CASE IS BEING BROUGHT TO THE ATTENTION OF THE BSC COMMISSIONERS FOR CONSIDERATION OF DEMO.
THIS WAS A PREVIOUS CASE HEARD AT BSC ON APRIL 27TH, 2022.
THE STRUCTURE RECEIVED A REPAIR ORDER.
THE STRUCTURE OWNER, THE PROPERTY OWNER, HAS KEPT THE PROPERTY CLEANED AND THE STRUCTURE BOARD AND SECURED AT THIS TIME.
THERE IS NO PERMITS THAT HAVE BEEN OBTAINED FOR ANY WORK TO BE DONE.
THE STRUCTURE HAS MULTIPLE STRUCTURE VIOLATIONS NOW DUE TO NO REPAIRS BEING MADE.
THE FRONT PORCH IS NOW MISSING THE COLUMNS THAT WERE SUPPORTING THE WEIGHT OF THE FRONT PORCH ROOF.
THE ROOFING SYSTEM IS FAILING TO HOLD THE WEIGHT WITHOUT THE SUPPORT AND IS, UH, UH, FALLING TOWARDS THE FLOOR OF THE FRONT PORCH.
THE EXTERIOR OF THE STRUCTURE HAS SEVERAL AREAS OF MISSING SIDING, THE FASCIA, BOARDS, AND ROOF OVERHANG OF SEVERAL MISSING BOARDS.
THE STRUCTURE IS POSTED FOR HAVING UNSAFE CONDITIONS.
I WILL TAKE YOU TO THE PHOTOS.
MARK SIX A THROUGH SIX L SIX A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE STRUCTURE.
EXHIBIT SIX B SHOWS THE RIGHT SIDE OF THE STRUCTURE.
THIS SIDE DOESN'T SHOW AS MUCH DAMAGE TO SIDING AND ROOF, JUST WINDOWS THAT HAVE BEEN BROKEN AND THE BOARD AND SECURE IS ALWAYS HAVING TO BE REPLACED.
EXHIBIT SIX C SHOWS THE FASCIA BOARD IS MISSING, ALONG WITH THE ROTTEN WOOD OF THE OVERHANG, AND YOU CAN SEE WHERE THE COLUMN IS SUPPOSED TO BE UNDER THE FRONT PORCH.
EXHIBIT SIX D, A BETTER VIEW OF THE MISSING DECKING ROOF LINE WITH ROTTEN FACIAL BOARDS ALONG THE FRONT PORCH ROOF.
EXHIBIT SIX EA CONTEXTUAL VIEW OF THE FRONT PORCH WITH THE MISSING COLUMN.
EXHIBIT SIX I SHOWS THE LEFT SIDE OF THE STRUCTURE AND YOU CAN TELL WHERE THE FRONT PORCH ROOF IS STARTING TO FALL WITHOUT THE SUPPORT BEAM UNDERNEATH EXHIBIT SIX G SHOWS THE BACK OF THE STRUCTURE.
YOU CAN SEE THAT THE SEVERAL SIDING AREAS THAT ARE MOVING AWAY FROM THE STRUCTURE, CAUSING THE ELEMENTS OF NATURE TO PENETRATE THE INTERIOR OF THE STRUCTURE.
EXHIBIT SIX H IS A CLOSER VIEW OF THE SIDING THAT IS PEELING AWAY FROM THE FRAME OF THE STRUCTURE.
EXHIBIT SIX L YOU CAN SEE THE TRIM AND SIDING PULLING AWAY FROM THE STRUCTURE DUE TO LACK OF MAINTENANCE AND REPAIR.
A REPAIR ORDER WAS ISSUED FOR THIS CASE.
THE OWNER HAS KEPT UP WITH UPKEEP ON THE PROPERTY, BUT HAS NOT DONE ANY REPAIRS ON THE STRUCTURE.
FURTHER DETERIORATION HAS BEEN SEEN AND WE ARE NOW ASKING FOR A DEMO ORDER.
I'M AVAILABLE FOR 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 SUBSTANDARD WITH UNSAFE AND HAZARDOUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBIT SIX A THROUGH SIX.
I STAFF ASKS THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR THIS CASE, FINDING A FACT.
THE COMMISSION ISSUED ITS CURRENT ORDER, TRV 2 0 2 2 0 8 3 9 5 5 ON APRIL 27TH, 2022.
FINDING A FACT THIS ORDER WAS NOT TIMELY APPEALED IN THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED.
HAS LAPSED FINDING A FACT IN ITS CURRENT ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $200 PER MONTH.
TO DATE, PENALTIES HAVE ACCRUED IN THE AMOUNT OF $5,257 AND 14 CENTS AND CONTINUE TO ACCRUE AS OF THE DATE THE COMMISSION ISSUED THIS ORDER.
AS OF TODAY'S DATE, THE PROPERTY, UH, REMAINS IN VIOLATION.
STAFF ASK THE COMMISSION TO TAKE THE FOLLOWING ACTION
[02:30:02]
ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER.TRV 2 0 2 2 0 8 3 9 5 5 ISSUED APRIL 27TH, 2022 TO KEEP THE ACCRUED UH, PENALTY OF $5,257 AND 14 CENTS IN PLACE FROM THE PRIOR REPAIR ORDER ISSUED APRIL 27TH, 2022.
INTEREST WILL NO LONGER CONTINUE TO ACCRUE.
THREE, ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH THREE A AND THREE B AND FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH 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, SO, UH, THE WAY THIS WORKS, UH, MS. UM, SORRY, MR. SCOTT AND MS. JACKSON CROCKETT, UM, DO YOU HAVE ANY QUESTIONS FOR OF COURSE.
SO AT THIS TIME, UM, IF THERE'S NO OBJECTION, I'D LIKE TO ADMIT EXHIBITS FIVE AND SIX A THROUGH SIX.
I AS THERE OBJECTION, HEARING NONE.
UM, OKAY, I'M GONNA GO BACK TO THE OWNER REPRESENTATIVES.
UM, DO YOU HAVE ANY QUESTIONS FOR, UH, UH, MS. PRES, UH, INVESTIGATOR PRESLEY BEFORE YOU BEGIN YOUR PRESENTATION? NO, SIR.
SO NO, NO QUESTIONS FOR THE CODE OFFICIAL.
THEN IN THAT CASE, UM, YOU CAN, UH, BEGIN YOUR, UH, BEGIN YOUR PRESENTATION.
YOU HAVE FIVE MINUTES, HOWEVER YOU'D CARE TO APPORTION THAT.
UM, FIRST OF ALL, I WANNA APOLOGIZE FOR NOT, UH, MAKING THE JULY 24TH HEARING, AND THAT'S DUE TO US HAVING THREE OTHER PROPERTIES THAT WE'RE DEALING WITH AND WE JUST SETTLED ON THAT PARTICULAR DAY.
UM, AND IT KIND OF RAN OFF THROUGH MEDIATION TO THE EVENING TIME.
SO, UM, TO FAST FORWARD, UM, WE'RE GONNA GO AHEAD AND INSTEAD OF TRYING TO REMODEL SPRINGDALE, UM, WELL, LET ME KIND OF BACK UP.
WE DID MEDIATION FOR CEDAR CREEK PROPERTY, SO THAT'S DONE AND FINALIZED.
UM, WE HAD TO KIND OF TAKE TIME ALMOST TWO YEARS, UH, DEALING WITH THE CEDAR CREEK PROPERTY.
SO THAT'S WHY WE KIND OF GOT BACKLOGGED ON THE SPRINGDALE PROPERTY.
AND SO NOW THAT WE HAVE FINALIZED THROUGH MEDIATION JULY 24TH, UH, WE'RE GONNA GO AHEAD AND DEMOLISH THE SPRINGDALE PROPERTY.
SO IF YOU GUYS, UH, AND AGAIN, AS EVERYBODY BEEN STATING, IT TAKES A LITTLE BIT, UH, TO GET PERMITS AND STUFF.
SO IF YOU GUYS GIMME SOME TIME TO GET SOME PERMITS GOING, UM, AGAIN, INSTEAD OF REMODELING, WE'RE JUST GONNA DEMOLISH AND, UM, AND JUST TRY TO DO SOMETHING ELSE WITH THAT PARTICULAR PROPERTY ON SPRINGDALE.
UM, UH, CODE INVESTIGATOR PRESLEY, DO YOU HAVE ANY, UH, QUESTIONS FOR THE PROPERTY? RIGHT.
OWNER, REPRESENTATIVE? UH, NO.
BESIDES GREAT JOB KEEPING IT CLEANED UP AND BOARD AND SECURED
SO WE HAD TO HIRE, HIRE ATTORNEYS AND EVERYTHING.
UM, TRYING TO GET THAT SITUATED.
SO AGAIN, WE FINALLY GOT THAT KIND OF, UH, DONE AND MEDIATED.
AND, UM, THE GUY THAT I'M, I'M TRYING TO MAKE A LONG STORY SHORT, BUT, UM, WE DECIDED LET HIM HAVE THE PROPERTY, BUT HE HAD TO PAY US IN ORDER TO GET THAT PROPERTY.
IF HE WANTS IT THAT BAD, HE HAD TO GO AHEAD AND, UM, OKAY.
[02:35:01]
HE HAS PROPERTY ON AROUND IT.SO MY BROTHER AND I SAY, OKAY, YOU KNOW WHAT, YOU WANT IT, YOU JUST HAVE TO MAKE SURE, YOU KNOW, YOU GIVE US SOME MONEY FOR THAT PARTICULAR PROPERTY.
BUT AGAIN, SPRINGDALE, WE'RE GONNA GO AHEAD AND DEMOLISH.
AND, UM, OKAY, MY GODSON OVER HERE.
HE, HE WANTS TO HELP ME TRY TO BUILD SOMETHING ON IT.
AND WE HAVE A ARCHITECTURE PER, UH, IS IT TEXTURE? IT'S GONNA KIND OF HELP US FIGURE OUT WHAT TO KIND OF PUT UP TO.
THANK YOU MS. JACKSON CROCKETT.
UM, DOES ANY, UH, COMMISSIONERS, UH, HAVE ANY, HAVE ANY QUESTIONS FOR THE COURT OFFICIAL OR NO? OH, UH, VICE CHAIR, UH, THIS IS JUST FOR THE PROPERTY REPRESENTATIVES.
UM, AT THIS TIME, ARE Y'ALL ASKING FOR ANY MODIFICATION OF THE ORDER? BECAUSE WE HAVE THE, THE ORDER THAT WE'RE BEING ASKED TO ADOPT IS A DEMOLITION ORDER, UM, WITHIN 45 DAYS.
IS THERE ANY ASK THAT YOU'D MAKE OF US TO CHANGE THAT? WELL, I, I'M NOT FOR SURE.
UM, I JUST GOT BACK FROM, UH, MINNESOTA, BY THE WAY, FOR OUR FAMILY REUNION.
AND SO I SAID ONCE I GOT BACK, I, I TOLD MY BROTHER, ONCE I GOT BACK, I TRIED TO FIGURE OUT THE LEGITS OF THE SPRINGDALE PROPERTY.
UM, FROM MY UNDERSTANDING, IT'S GONNA TAKE US A LITTLE BIT TO KINDA, UM, GET A PERMIT AND DEMOLISH IT.
SO SOMETIME NEXT WEEK I'LL TRY TO GO AND FIGURE OUT ALL OF THAT.
SO, AND, AND AGAIN, TO ANSWER YOUR QUESTION, I HAVE NO IDEA HOW LONG IT TAKES
SO IF Y'ALL COULD GIMME AN IDEA, UM, I'VE BEEN ASKING AROUND AND IT, IT TAKES A LITTLE BIT, IT'S GONNA PROBABLY AT LEAST TAKE 30 DAYS FOR SURE.
I'M SORRY THAT, UH, WE MISSED THE OPPORTUNITY TO ASK THE QUESTION, BUT MAY WE BE RECOGNIZED TO ASK A QUESTION? CERTAINLY, YEAH.
UM, CAN YOU, UM, AFFIRM THAT YOU HAVE A CLEAR TITLE ON THAT PROPERTY? I, I, IF I, IF MY MEMORY SERVES ME CORRECTLY, IT BELONGED TO YOUR MOTHER? YES.
I HAVE AFFIDAVIT OF AIRSHIPS FOR ALL OUR PROPERTIES, SO, YES.
UH, BY ANY CHANCE, UH, DO YOU HAVE ANY SUMMATION OR ARE YOU COMFORTABLE WITH, IF YOU'D LIKE, YOU CAN TAKE THREE MINUTES TO TELL US ANYTHING ELSE YOU'D LIKE TO TELL US? UM, IF NECESSARY, IT'S NOT REQUIRED.
AND, UH, INVESTIGATOR PRESLEY, ANYTHING, ANYTHING FURTHER ENC TO CLOSE? NO, NO, DON'T.
WITH THAT, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
I, OH, I'M GONNA CALL THAT, UH, COMMISSIONER FRANCIS.
SECONDED BY COMMISSIONER SHUGAR.
AND, UH, SO, UH, ALL IN FAVOR SAY AYE.
UH, ALL OPPOSED? SO IT SOUNDS LIKE THE AYES HAVE IT, THE PUBLIC PORTION IS CLOSED.
IF YOU WOULDN'T MIND JUST SITTING TIGHT IN CASE WE WANNA RECALL YOU FOR ADDITIONAL QUESTIONS, BUT WITH, AT THIS TIME, I'LL ENTERTAIN ANY MOTION ON THE, ON THE PROPOSED ORDER.
UH, COMMISSIONER FRANCIS, I'LL MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW STAFF'S RECOMMENDATION ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER TO CHANGE FROM 45 TO 46 DAYS TO 90 AND THE 91ST DAY.
THAT WAS OLUGO, IS THAT RIGHT? OKAY.
SO WE HAVE A, UH, MOTION BY, UM, COMMISSIONER FRANCIS, SECONDED BY COMMISSIONER OLUGO.
IS THERE ANY DISCUSSION ON THE MOTION? OKAY.
UH, THEN I'M GONNA PUT THE QUESTION TO THE BODY AND, UH, IT'LL BE A ROLL.
SO, JUST TO RESTATE IT BRIEFLY, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER OLUGO TO ADOPT STAFF'S FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER WITH THE FOLLOWING MODIFICATION.
UH, THAT, UH, WITH RESPECT TO THE COMPLIANCE PROVISION, IT'D BE MODIFIED FROM 45 TO 90 DAYS WITH, UH, UH, NON-COMPLIANCE PENALTIES TO BEGIN ON THE 91ST, UH, INSTEAD OF THE, THE 46TH DAY.
UH, AND, UH, IT'LL BE A ROLL CALL VOTE.
I'LL START WITH COMMISSIONER SOCAL.
AYE, UH, COMMISSIONER SHUGAR? AYE.
COMMISSIONER FRANCIS AYE, CHAIR, THERE WOULD BE NO PENALTIES, UM, STARTING ON THE 91ST DAY.
THAT WOULD JUST GIVE US THE OPPORTUNITY TO, UH, DEMO IT OURSELVES.
THAT'S A GOOD, UH, THAT'S A GOOD POINT.
SO THE CONSEQUENCES OF THE AS AS JAMES EBER IS POINTING OUT, THE CONSEQUENCES ARE NOT THE BEGINNING OF A PENALTY, UH, BUT RATHER THE, UM, UH, THE, IT IT THE CITY BECOMES AUTHORIZED TO, TO
[02:40:01]
PROCEED WITH THE DEMO DEMOLITION.I THINK THAT'S A MATERIAL ENOUGH CHANGE THAT WITH, UH, WITH APOLOGIES.
I'M GONNA TAKE THE, THE ROLL CALL FROM THE TOP, JUST JUST IN CASE.
UM, YOU KNOW, I, I DIDN'T MEAN TO MUDDY THE RECORD BY, BY POTENTIALLY MISREPRESENTING THE MOTION AS STATED.
IT'S ON THE MOTION OF COMMISSIONER FRANCIS, SECONDED BY COMMISSIONER OLUGO TO ADOPT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER WHERE THE MODIFICATIONS TO CHANGE, UH, FROM 45 TO 90, WHERE ON THE 91ST DAY, UH, THE CITY IS, IS AUTHORIZED TO, TO AFFECT THE DEMOLITION.
AND, UH, AND, AND AGAIN FROM THE TOP OF THE BATTING ORDER HERE, I'LL GO BACK TO COMMISSIONER SOCAL.
COMMISSIONER ROSATA LUGO IN FAVOR.
THERE BEING SEVEN AYES AND NO NAYS.
UH, SO, UH, THE PROPERTY REPRESENTATIVES, YOU'LL BE, UH, MAILED A COPY OF THE ORDER VIA A CERTIFIED MAIL.
IF YOU HAVE ANY QUESTIONS ABOUT ANYTHING ELSE, FEEL FREE TO TAKE IT UP WITH, UH, INVESTIGATOR PRESLEY, UH, OR YOUR CONTACT WITH THE CODE OFFICIALS.
AND THANK YOU FOR, UH, FOR BEING HERE TONIGHT.
WE APPRECIATE YOUR PARTICIPATING, SO GOOD LUCK WITH EVERYTHING.
[7. Case Number: CL 2022-031831]
THAT, I'LL TURN TO OUR SEVENTH AND FINAL AGENDA ITEM.THIS IS THE REAGAN HILL PROPERTY, AND I SHOW THAT WE HAVE AMO MALDONADO.
UH, IF YOU WOULDN'T MIND MAKING YOUR WAY DOWN TO THE MIC AND THEN MR. EVERWINE, IF YOU WANT TO.
ITEM NUMBER SEVEN IS A MULTI-FAMILY PROPERTY LOCATED AT, UH, 1 5 0 1 REAGAN HILL DRIVE BUILDING R.
AN ORDER WAS ISSUED BY THE COMMISSION FOR THIS PROPERTY IN MARCH OF 2022.
THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE ORDER AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE ACCRUED PENALTIES.
THE CASE NUMBER IS CL 2022 DASH OH 3 1 8 31.
THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN, IN THE LIGHT BROWN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE OR THESE CASES.
UM, THEY'RE ABOUT, UH, OR THIS CASE, THIS CASE IS ABOUT A COMMERCIAL MULTIFAMILY PROPERTY THAT IS IN THE REPEAT OFFENDER PROGRAM.
AN ORDER WAS ISSUED FOR THIS CASE FOR REPAIR WITHIN 45 DAYS, WITH A PENALTY OF $2,000 PER WEEK BEGINNING ON THE 46TH DAY OF COMPLIANCE WAS NOT ACHIEVED.
THE TOTAL PENALTY AS OF TODAY'S DATE IS $110,080 AND 94 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING.
THIS HAS BEEN A HIGH COMPLEXITY CASE FOR THE CITY OF AUSTIN.
IN YOUR READER OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO, A THROUGH TWO R AND EXHIBIT THREE, WHICH CAN CONSISTS OF UPDATED COMPLAINANT CASE HISTORIES, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTING, AND COPIES OF THE, UH, RECORDED BSC ORDER ISSUED MARCH 23RD, 2022, AND CORRESPONDING PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF, UH, PRE AND POST COMPLIANCE PHOTOS IN THE CITY'S RECOMMENDATION CODE.
INSPECTOR JESSE BARDA IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE AND WILL PRESENT SOME COMPLIANCE PHOTOS.
CODE INSPECTOR BARDA, PLEASE BEGIN YOUR TESTIMONY.
I AM AN INSPECTOR WITH THE REPEAT OFFENDER UNIT AND DEVELOPMENT SERVICES.
AS STATED EARLIER, THE PROPERTY IN QUESTION IS AT 1501 REAGAN HILL DRIVE.
THIS IS AN APARTMENT COMPLEX IN NORTHEAST AUSTIN.
THE CASE IS SPECIFICALLY ABOUT BUILDING R THE OWNER IS ASKING FOR A REDUCED FINE.
IN EARLY OCTOBER, 2021, THERE WAS A FIRE AT BUILDING R AND THE CASE WAS CREATED.
THE PROPERTY WENT TO BSE ON MARCH 23RD, 2022 WITH ORDERS FOR REPAIR.
APPROXIMATELY ONE YEAR LATER APRIL OF 2023, THE CASE WAS CLOSED.
I WILL NOW TAKE YOU THROUGH A FEW PHOTOGRAPHS OF THE PROPERTY BEFORE AND AFTER REPAIR.
PHOTOS WILL MAINLY FOCUS ON FIRE DAMAGE.
THIS IS A PICTURE OF THE BUILDING, SIGNAGE OR IDENTIFICATION WHEN YOU ENTER THE PROPERTY.
NEXT, THIS IS A VIEW OF FIRE DAMAGE AS SEEN FROM THE SECOND FLOOR WALKWAY.
[02:45:04]
THIS IS ANOTHER VIEW OF THE FIRE DAMAGE.YOU CAN SEE HOW MUCH OF THE AREA WAS AFFECTED.
NEXT, THIS IS A PICTURE SHOWING THE CEILING ABOVE THE SECOND FLOOR WALKWAY.
THE HEAT WAS SO INTENSE, IT CAUSED A SURFACE AREA TO BUBBLE.
NEXT, THIS IS A VIEW OF BUILDING R AS SEEN FROM THE COURTYARD.
YOU CAN SEE HOW MANY UNITS WERE AFFECTED.
NEXT, THESE ARE AFTER PICTURES.
THIS IS A PICTURE OF NEW SIGNAGE AS YOU ENTER THE PROPERTY.
NEXT, THIS IS A VIEW OF THE REMODEL AS SEEN FROM THE PARKING LOT.
NEXT AND FINALLY, A VIEW OF THE BUILDING.
AFTER THE REMODEL, YOU CAN SEE THE CHANGE AFTER REPAIRS.
THIS CONCLUDES MY PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT FOUR, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE AFFIRM THE CIVIL PENALTY OF $110,080 AND 94 CENTS ASSESSED FROM ORDER TRV 2 0 2 2 0 6 1 4 1 8.
OR IN THE ALTERNATIVE, IF THE CIVIL PENALTY AMOUNT IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE MODIFIED ORDER, ALLOW 30 DAYS FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT AND THREE 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 UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT OF $110,080 AND 94 CENTS AND SWIFT SHALL ACCRUE, UH, 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 THIS PRESENTATION.
AT THIS TIME WITHOUT OBJECTION, I'M GOING TO ADMIT THE CITY'S, UH, EXHIBITS THREE AND FOUR, WHICH I BELIEVE ARE THE ONLY, UM, NEW EXHIBITS, THE ONE THAT'S SAY NOT PREVIOUSLY ADMITTED.
AND THEN I'LL ALSO TAKE THE OPPORTUNITY, UM, AGAIN, WITHOUT OBJECTION TO ADMIT PROPERTY OWNER'S EXHIBITS.
UH, IS THERE ANY OBJECTION? OKAY.
SO, UH, THEN ALL OF THE EXHIBITS ARE ADMITTED.
UM, AND THEN AT THIS TIME I'LL RECOGNIZE, UH, MR. MALDONADO, UH, FIRST, UH, DO YOU HAVE ANY QUESTIONS FOR THE CODE OFFICIAL BEFORE YOU PROCEED? NO, NO QUESTIONS.
THEN IF YOU WOULDN'T MIND, STRAIGHT FORWARD.
UH, IF YOU WOULDN'T MIND, YOU CAN MAKE SURE YOUR MIC IS SURE.
UH, AND YOU'LL HAVE FIVE MINUTES TO, UM, PRESENT YOUR CASE.
WELL, OUR, UM, PETITION FOR PENALTY RELIEF OR APPEAL IS SIMPLY BASED ON, UH, US AS A IC CAPITAL AND MYSELF AS A REPRESENTATIVE TODAY.
UM, HAVING TAKEN REASONABLE ACTIONS SINCE THE MOMENT OF THE FIRE TO REMEDIATE AS QUICKLY AS POSSIBLE, UM, AND THROUGH THE PERMITTING PROCESS, WHICH HAD ITS CHALLENGES AND, AND DELAYS, UH, FOR REASONS THAT I'LL MENTION IN A SECOND.
UM, I THINK OUR OWNERS, UM, I'LL START WITH THE FACT THAT THE PROPERTY WAS ACQUIRED AND WITHIN 30 DAYS WE SUFFERED THIS FIRE.
SO WE WERE STILL GOING THROUGH A TRANSITION OF OWNERSHIP.
UM, THAT BEING SAID, WE ACQUIRED THE PROPERTY ALREADY ON THE REPEAT OFFENDER PROGRAM.
SO PREVIOUS OWNERS, UM, HAD, I GUESS, BEEN NEGLIGENT.
SO I THINK THAT WE WERE SUBJECT TO, UH, A LITTLE BIT OF A HIGHER SCRUTINY.
AND I THINK THAT THE ASSUMPTION WAS THAT, YOU KNOW, WE WOULD'VE BEEN SORT OF NEGLIGENT ON THE FIRE OR PERHAPS NOT TAKING REASONABLE ACTIONS TO REMEDIATE AS QUICKLY AS POSSIBLE.
UM, BUT THAT WAS, THAT WAS DEFINITELY NOT THE CASE.
SO PART OF, UH, THE THINGS THAT I PRESENTED, UH, AS PART OF THE EXHIBITS WERE THAT, UM, SO WITHIN 30 DAYS OF THE FIRE, WE APPLIED FOR, UH, REMEDIATION AND BEGAN CLEARING THE DEBRIS AND, UH, DEMOING WHATEVER HAD TO, HAD TO BE DEMOED.
UM, AND THUS BEGAN ACTIVELY WORKING ON, ON REMEDIATING THE FIRE.
UM, IT WAS IN OUR OWNER'S BEST INTERESTS, OF COURSE, AND OUR INVESTORS TO GET THESE UNITS UP AND RENT IT AS QUICKLY AS POSSIBLE.
UM, THIS, THE FIRE AND THE PERMITTING WAS KIND OF CLOSE TO, UH, THE END OF 2021, UM, LONG TIME AGO, BUT IF, IF YOU REMEMBER, THERE WAS SERIOUS DELAYS BECAUSE OF COVID.
UM, AND SO PERMITTING WASN'T, UH, THE EASIEST.
[02:50:01]
WE HAD ALREADY ENGAGED GCS AND STARTED A BIDDING PROCESS, UM, HAD BEEN CLOSE WORKING CLOSELY WITH OUR INSURANCE AND ITS ADJUSTERS AS WELL.UM, ALL THAT TO SAY THAT FROM THE MOMENT OF THE FIRE TO THE MOMENT THAT WE BEGAN OUR PERMITTING PROCESS, WHICH WAS ABOUT, YOU KNOW, FOUR MONTHS, UM, THROUGHOUT THOSE FOUR MONTHS, WE WERE ACTIVE IN, IN TRYING TO ENSURE THAT WE STARTED WORKING ON THESE UNITS AS QUICKLY AS POSSIBLE.
UM, NOT JUST BECAUSE OF, YOU KNOW, FEAR OF FINES OR ANYTHING LIKE THAT, BUT BECAUSE IT'S OUR BUSINESS PLAN TO INCREASE VALUE FOR OUR INVESTORS AS QUICKLY AS POSSIBLE.
UM, GIVEN THAT IT WAS A NEW ACQUISITION, WE WERE GONNA GO THROUGH A COMPLETE RENOVATION OF THIS PROPERTY.
UM, AND SO THIS WAS KIND OF IMPORTANT FOR US, RIGHT? WE WANTED TO MAKE SURE THAT THE UNITS WERE REBUILT AS QUICKLY AS POSSIBLE.
UM, AND SO THEREFORE WE, WE PRESSURED OUR GC TRY TO WORK WITH INSURANCE, TRY TO MOVE THINGS AS QUICKLY ALONG AS WE POSSIBLY COULD.
UM, WE APPLIED FOR THE PERMIT IN MARCH OF 2022.
UH, ABOUT 20 DAYS LATER, WE RECEIVED NOTIFICATION THAT WE HAD 45 DAYS TO GET THESE UNITS UP.
UM, 45 DAYS FROM THE MOMENT YOU STARTED AN APPLICATION, YOU KNOW, IN 2022 WAS UNREASONABLE IN MY OPINION.
UM, THE PERMITTING PROCESS TOOK ABOUT EIGHT MONTHS FOR US TO BEGIN ACTUAL CONSTRUCTION.
UM, AND THROUGH THAT SERIES, YOU KNOW, THROUGH THAT, UM, WE APPLIED, WE GOT REJECTED, WE REFILED, UM, DIFFERENT PLANS WITH ENGINEERS.
SO IT WAS A WHOLE BACK AND FORTH THROUGH THAT PERIOD OF TIME, UM, WHICH WE THINK IS WHAT, YOU KNOW, CAUSED THE DELAYS.
AND LIKE I SAID, UM, THIS WAS A WHILE BACK.
WE WERE STILL KIND OF GOING THROUGH THE, THE LAG FROM, FROM COVID.
UM, DIFFERENT, DIFFERENT ITEMS THAT I THINK SLOWED DOWN OUR PROCESS, BUT IT WAS ALWAYS OUR PRIORITY TO REPAIR, REBUILD THESE UNITS AND GET THEM OCCUPIED AS QUICKLY AS POSSIBLE.
UM, SO THAT IS KIND OF THE BASIS FOR, UH, WHY I'M HERE TODAY TO APPEAL.
UM, OTHER EXHIBIT THAT I SEND IS UPON COMPLETION, I IMMEDIATELY NOTIFIED THE CITY THAT WE HAD COMPLETED THE WORK, UM, AND THAT WE WERE READY FOR, FOR AN INSPECTION.
WE WENT THROUGH EVERY SINGLE INSPECTION WITH, YOU KNOW, THE FIRE DEPARTMENT UP TO OBTAINING OUR CERTIFICATE OF OCCUPANCY.
UM, I ALSO ATTACHED SOME PICTURES OF THE BEFORE AND AFTER.
UM, IT WASN'T JUST THE UNITS THAT WE REBUILT, BUT WE ALSO INVESTED HEAVILY INTO THE COURTYARD, UM, THE AMENITIES, THE LANDSCAPING TO MAKE SURE THAT THIS BUILDING, BUILDING R UM, NOT JUST BECAUSE OF THE FIRE, BUT IT WAS PART OF OUR BUSINESS PLAN TO INVEST INTO THIS PROPERTY AND, AND REHAB IT.
LIKE I SAID, WE'RE IN THE BUSINESS OF ADDING VALUE TO, TO OUR PROPERTIES AND, AND NOT, YOU KNOW, DETERIORATING VALUE FROM IT.
UM, WHICH HAS BEEN OUR BUSINESS PLAN ALL ALONG.
AND JUST TO, JUST TO WRAP UP, I WANTED TO JUST ADD THAT SINCE ACQUISITION OF THIS PROPERTY, NOT INCLUDING THE, THE FIRE, WE'VE INVESTED OVER $2 MILLION INTO THIS PROPERTY IN, IN CAPEX AND, AND REPLACEMENT COSTS.
UH, WE'VE REPAIRED, UM, WE ACTUALLY REPLACED AN ENTIRE GAS LINE THAT RUNS THROUGH THE PROPERTY AS WELL, WHICH WAS UPWARDS OF A HUNDRED THOUSAND DOLLARS BECAUSE IT WAS DETERIORATED.
SO, UM, OUR OWNERS WOULD LIKE FOR THE COMMISSION TO KNOW THAT WE ARE NOT NEGLIGENT OWNERS.
WE'VE VERY MUCH REMAINED ACTIVE SINCE ACQUISITION, ADDING VALUE TO THIS PROPERTY, NOT JUST WITH A FIRE, BUT IN ALL ASPECTS OF IT.
UM, WE INVEST AROUND $9,000 PER UNIT OKAY.
THAT'S KIND OF THE CASE THAT I WANTED TO MAKE BEFORE YOU TODAY.
AND I APOLOGIZE FOR INTERRUPTING.
I'M ADVISED THAT YOUR TIME HAS EXPIRED.
UM, DOES, UH, INSPECTOR, UH, BARDA HAVE ANY, UH, QUESTIONS FOR THE PROPERTY OWNER? I HAVE NO QUESTIONS.
UH, SO I'LL OPEN UP TO MY FELLOW COMMISSIONERS.
ANYBODY HAVE ANY QUESTIONS FOR THE CODE OFFICIAL OR, OKAY.
UM, I JUST WANTED TO ASK, UM, ON OUR AGENDA HERE, UH, IT SAYS THAT THE STAFF'S RECOMMENDATION IS AHOLD ACCL PENALTIES FROM THE PREVIOUS ORDER AND CATEGORIZE AS A HIGH COMPLEXITY CASE.
I JUST WANTED TO MAKE SURE, IS, IS THAT CATEGORIZATION, UH, LANGUAGE, IS THAT SUPPOSED TO BE IN THE ORDER OR IS THAT JUST OKAY.
UM, I CAN SEE YOU SHAKING YOUR HEAD.
UH, IT WOULD APPEAR THERE ARE NONE.
UM, SO WHAT I'LL DO AT THIS TIME, UH, MR. UH, MALDONADO, IT'S NOT, IT'S, IT'S NOT REQUIRED, BUT IF YOU'D LIKE, UH, YOU CAN HAVE THREE MINUTES OF SUMMATION.
I MEAN, I THINK WE GENERALLY GET THE IDEA THERE'S PERMITTING, THERE'S THE COVID, THERE'S SORT OF THE USUAL SUSPECTS.
BUT, UH, IF YOU HAVE ANY, UH, YOU KNOW, BURNING DESIRES AS IT
[02:55:01]
WERE IN THE LAST THREE MINUTES, UH, FEEL FREE TO, TO, UH, OFFER ANY SUMMATION YOU'D CARE TO OFFER.UH, NO, I THINK I, I LAID IT ALL OUT IN MY FIVE MINUTES.
UM, BUT I'M HERE FOR ANY QUESTIONS THAT YOU MIGHT HAVE.
AND, UM, UM, INSPECTOR, SAME TO YOU.
ANY, ANYTHING THAT WAS RAISED YOU'D LIKE TO RESPOND TO OR ANY SUMMATION? I HAVE NO QUESTIONS, SIR.
I WILL ENTERTAIN A MOTION TO CLOSE.
I SEE COMMISSIONER OLUGO QUESTION.
SO WE'RE GONNA ASK QUESTIONS AND THEN, AND THEN, AND THEN CLOSE GENERALLY, YOU CAN STILL YEAH, PLEASE, PLEASE.
IF YOU WANNA BE RECOGNIZED FOR A QUESTION.
SO COMMISSIONER OLUGO QUESTION FOR THE REPRESENTATIVE OF THE PROPERTY OWNERS.
WERE YOU OR THE, YOU KNOW, THE TEAM AT, UM, UM, A IC MULTIFAMILY INVESTMENT AUSTIN AWARE THAT THIS WAS A HIGH, THIS IS A, A REPEAT OFFENDER.
THIS IS A PROPERTY THAT WAS ENROLLED IN THE REPEAT OFFENDER PROGRAM.
SO I'LL BE HONEST WITH YOU, I WASN'T, UH, PART OF A IC PRIOR TO THE ACQUISITION.
UM, I DON'T KNOW IF THEY WERE AWARE.
I DON'T KNOW IF THEY WERE AWARE OF WHAT THAT EVEN MEANT WHEN THEY ACQUIRED THE PROPERTY.
UM, SO DON'T QUOTE ME ON THIS, BUT I DO NOT BELIEVE THAT THEY WERE AWARE OF THEM BUYING A REPEAT OFFENDER PROGRAM.
I THINK IT JUST, I THINK, UM, AFTER ACQUISITION, YOU KNOW, IT TAKES ABOUT TWO MONTHS TO DEAL WITH THE TRANSITION, THEN THEY GOT HIT WITH A FIRE AND THEN ALL THESE THINGS KIND OF JUST STARTED, YOU KNOW, UM, DEVELOPING.
BUT I GUESS, YOU KNOW, I'M UNDER OATH.
I, I DON'T BELIEVE THAT THEY WERE AWARE TO THE BEST OF MY KNOWLEDGE.
UM, COMMISSIONER FRANCIS FOR THE REPRESENTATIVE, AND SO YOU'RE ASKED OF THE COMMITTEE IS WHAT, UH, WHAT I'M ASKING IS FOR A SIGNIFICANT REDUCTION OF, OF FEES.
I DON'T THINK THAT THEY ARE, I GUESS, COMMENSURATE WITH HOW WE HAVE PROCEEDED.
I DON'T THINK THAT ANY FEES REALLY ARE, UH, APPROPRIATE.
UM, I THINK THAT WE, FROM THE MOMENT OF THE FIRE AND WE TOOK SUBSEQUENT ACTIONS TO TRY TO REMEDIATE IT AS QUICKLY AS POSSIBLE, UM, I UNDERSTAND THAT THE CITY WOULD LIKE FOR ANY FIRES TO BE ADDRESSED AS QUICKLY AS POSSIBLE.
AND, AND I THINK WE TOOK APPROPRIATE ACTIONS.
IT JUST WASN'T, UM, AS QUICK AS WE WOULD'VE ALL LIGHT.
COMMISSIONER ALLY, I HAVE A QUESTION FOR COMM.
UH, DIRECTOR MOORE, HOW MUCH TIME AND EXPENSE HAVE YOU INCURRED ON THIS? THE, THAT, THAT'S WHY HIGH COMPLEXITY.
IT WOULD BE AT THE HIGHER END OF, OF THIS SPECTRUM, THE 12 TO $15,000 RANGE.
WHEN YOU SAY SIGNIFICANT, WHAT DOES THAT MEAN TO YOU? SIGNIFICANT REDUCTION.
I KNOW YOU WENT DOWN TO ZERO, BUT YEAH, I WOULD LIKE FOR IT DOWN TO ZERO TO BE HONEST WITH YOU.
UM, AND, BUT IN LIEU OF A ZERO, IN LIEU OF ZERO, I WOULD LIKE TO PAY FOR, UM,
BUT, UM, I THINK THAT IT A CERTAIN, MAYBE FEES FOR, YOU KNOW, SERVICES, PAPERWORK, ADMIN ARE CERTAINLY JUSTIFIED.
I JUST DON'T FEEL THAT PENALTIES, UM, IN THE A HUNDRED THOUSAND DOLLARS RANGE, YOU KNOW, ARE, ARE APPROPRIATE FOR HOW WE BE, YOU KNOW, HOW WE REACTED I GUESS IN THIS CASE.
UM, AND AGAIN, THAT'S, I GUESS THE DECISION TO BE MADE HERE.
UH, COMMISSIONER FRANCIS, I MOVE TO CLOSE THE HEARING
UH, COMMISSIONER FRANCIS MOVES TO CLOSE, SECONDED BY COMMISSIONER SIG.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
MR. MALDONADO, UH, WE WON'T REQUIRE ANY FURTHER AFFIRMATIVE TESTIMONY FROM YOU, BUT I ADVISE YOU TO STAY NEAR THE MIC JUST IN CASE WE HAVE MORE QUESTIONS.
BUT AT THIS POINT I'LL OPEN IT UP TO DISCUSSION.
WELL, PARDON ME, I'LL OPEN IT UP TO A MOTION.
UM, I WOULD MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THAT THE CIVIL PENALTY BE REDUCED TO $15,000 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, WE INSTATE THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT OF $110,000, ONE THOUSAND ONE HUNDRED TEN THOUSAND AND EIGHTY DOLLARS AND 94 CENTS.
INTEREST SHALL ACCRUE CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT TO PAID IN FULL.
[03:00:01]
COMMISSIONER OLUGO, I'LL SECONDALRIGHT, I THOUGHT YOU RAISED YOUR HAND.
UH, SO COMMISSIONER FRANCIS, YOU SECOND.
UH, SO WE HAVE A, A MOTION BY VICE CHAIR CAMPBELL, UH, SECONDED BY COMMISSIONER FRANCIS.
THAT WOULD REDUCE THE, BASICALLY, UH, ADOPT THE ORDER EXCEPT TO REDUCE THE PENALTY TO $50,000.
IS THERE DISCUSSION ON THAT MOTION? OKAY.
UM, COMMISSIONER, WELL LET ME GO TO THE VICE CHAIR FIRST.
IT WAS YOUR MOTION, SO YOU SHOULD OPEN DISCUSSION.
UH, SO, YOU KNOW, WE'VE HAD CASES LIKE THIS BEFORE, UM, AND WE, I THINK, I THINK WE'VE KIND OF GOTTEN GOOD AT DEVELOPING SOME MORE CONSISTENT STANDARDS IN HOW WE'RE DOING THIS.
AND THAT'S WHY WE ASKED ROBERT MORE, UM, WHAT THAT COST ESTIMATE IS.
UM, SO JUST IN LIGHT OF THAT, I MEAN THAT THOSE ARE KIND OF THE COSTS THAT THE CITY IS KIND OF AUDE, UM, FOR A CASE LIKE THIS.
UM, SO THAT, THAT WOULD KIND OF BE, UH, WHAT YOU WERE ASKING FOR IN LIEU OF, UM, A, A FULL PENALTY RELIEF IS, IS THE KIND OF REDUCTION DOWN TO, UH, COSTS.
UM, IS THAT 15 OR 50? 15 IS, IS WHAT THE MOTION WAS? YES.
UM,
UM, SO I BELIEVE THIS IS, UH, KIND OF TO UM, VICE CAMP'S POINT.
I THINK WE'VE HAD THIS DISCUSSION SEVERAL TIMES OF HOW DO YOU SORT OF, UM, PENALIZE INAPPROPRIATE BEHAVIOR AND REWARD APPROPRIATE BEHAVIOR.
AND I THINK YOU'VE MENTIONED SORT OF MARKET HYPOTHESIS THAT THEORETICALLY SPEAKING, UM, PEOPLE SHOULD, THEY SHOULD BE PRICED IN 'CAUSE IT, IT IS A KIND OF NEGATIVE MARK AGAINST IT.
UM, I WOULD SAY, I WOULD SAY I THINK PENALTY RELIEF I THINK DOES POTENTIALLY, I DUNNO, PROVIDE DISINCENTIVES TO PEOPLE WHO CURRENTLY HOLD PROPERTY BECAUSE THEY'D BE LIKE, OH, I CAN PROBABLY GET THIS WAIVED EVENTUALLY.
BUT MY BIGGER CONCERN IS BECAUSE I THINK THE PEOPLE WHO ALREADY HOLD THINGS IN, IN, UH, YOU KNOW, REPEAT OFFENDER PROGRAMS, I DON'T KNOW, KNOW IF THEY'RE REALLY EVER GONNA BECOME BETTER.
THIS IS MAYBE MY CYNICISM, BUT NEW OWNERS I THINK ARE MUCH MORE LIKELY TO, IF YOU INCENTIVIZE THEM PROPERLY THROUGH PENALTY RELIEF, BE LIKE, OKAY, I'M GONNA BE ABLE TO MAKE UP FOR THE FACT THAT THIS CURRENT OWNER ACTS IR RECKLESSLY FOR, YOU KNOW, 2, 3, 4, 5 YEARS.
AND SO THAT'S, I UNDERSTAND AND EMPATHIZE WITH THE PERSPECTIVE THAT PENALTY RELIEF HAS ADVERSE EFFECTS.
'CAUSE I THINK IT CAN FOR CURRENT HOLDERS, BUT I THINK THAT THE SORT OF MORE IMPORTANT THING THAT I THINK ABOUT IS LIKE, WHAT DRIVES MEANINGFUL CHANGE, AS WE'VE SEEN IN THIS COMMISSION, IS WHEN A NEW PROPERTY OWNER GETS A HOLD OF IT AND IS ACTUALLY ABLE TO DRIVE, UH, THE CHANGES, RIGHT? I HAVE ZERO HOPE THAT THE OWNER OF THAT ONE APARTMENT COMPLEX THAT'S GONNA COLLAPSE ANY MOMENT NOW IN SOUTH AUSTIN WILL EVER MAKE IT BETTER.
BUT MAYBE THE PERSON WHO BUYS IT FROM, FROM THE MIGHT.
SO THAT'S KIND OF THE LENGTH THROUGH WHICH I VIEW IT AS, HOW DO YOU INCENTIVIZE, EVEN THOUGH THEY DIDN'T NECESSARILY GO INTO IT KNOWING THAT THE MESS THEY, THEY WERE SIGNING UP FOR.
HOW DO YOU INCENTIVIZE, UH, THE TRANSFER OF OWNERSHIP OF HIGH RISK PROPERTIES AND HOW DO YOU MAKE SURE THAT THAT PROCESS IS SMOOTH AND NOT PAINFUL? SO KIND OF THAT'S, I GUESS I'M PREEMPTING THE, THE CONCERNS.
I THINK IT'S FAIRLY NATURAL FOR FOLKS HERE TO HAVE, UM, AROUND THIS, I JUST HAVEN'T SEEN FOR, FOR PENALTIES SEEM TO ONLY HAVE A MARGINAL EFFECT ON PEOPLE WHO ARE ALREADY OWN, UM, UH, POOR WHO ARE THE PEOPLE WHO REALLY DO THE NEGLIGENT STUFF.
UM, AND THE LACK THEREOF FOR VERY SPECIFIC CASES SEEMS TO HAVE A POSITIVE OUTCOME IN NEW PROPERTY OWNERS.
SO THAT'S MY, THAT'S MY, UH, UH, FRAMEWORK FOR THINKING ABOUT PENALTY RELIEF.
ALRIGHT, THANK YOU COMMISSIONER.
UM, ANY OTHER DISCUSSION? SO, UH, NO, I MEAN THOSE ARE, THOSE ARE GOOD POINTS.
I MEAN, YEAH, THE ISSUE THAT IT COMES UP A LOT IS, UH, YOU KNOW, YOU'LL HAVE THIS SITUATION WHERE, YOU KNOW, THE, SOMEBODY IS NOT MANAGING A PROPERTY WELL AND IT ENDS UP INCURRING, YOU KNOW, A LOT OF, A LOT OF PENALTY, UH, A LOT OF OUTSTANDING CIVIL PENALTY ON IT.
AND, UH, AND SO THE BUYER TAKES SUBJECT TO THAT PENALTY.
UM, AND, UH, PRESUMABLY, YOU KNOW, UH, IF THEY'RE ON NOTICE THAT THAT'S GONNA AFFECT THE PRICE.
SO IF YOU HAVE A PROPERTY THAT'S, YOU KNOW, WORTH A HUNDRED X AND YOU KNOW IT'S SUBJECT TO 10 X OF PENALTY, UH, YOU KNOW, THE, A BUYER PROBABLY SHOULD THINK ABOUT NOT PAYING MUCH MORE THAN 90 FOR IT, YOU KNOW, TO TAKE ACCOUNT OF THAT.
AND, UH, YOU KNOW, MY CONCERN IS THAT IF IT BECOMES SORT OF COMMON KNOWLEDGE THAT, THAT, YOU KNOW, AS SOON AS ONE DOES THAT THE, THE
[03:05:01]
EXISTING CIVIL PENALTY EVAPORATES, THAT'S GONNA HAVE A POTEN A COUPLE OF POTENTIAL NEGATIVE CONSEQUENCES.ONE IS THAT, YOU KNOW, THE CITY'S GONNA INCUR EXPENSES AND ENFORCEMENT THAT IT'S NEVER GONNA RECOUP, PARTICULARLY IN HIGH COMPLEXITY CASES.
AND THEN THE OTHER THING THAT'S A LITTLE BIT SUBTLER, BUT I THINK THIS IS WHAT YOU'RE GETTING AT, UM, IS WHAT HAPPENS IF, YOU KNOW, I I HAVE THIS MARKET ALIENABLE ASSET THAT IS WORTH 90 TO ME BECAUSE IT'S SUBJECT TO THESE PENALTIES, BUT ANYBODY WHO GOES BACK AND WATCHES THE ARCHIVAL HEARING FOOTAGE FROM THIS COMMISSION IS GONNA KNOW IT'S REALLY WORTH A HUNDRED IN THE MARKET.
BECAUSE IF YOU COME IN AND FIX IT, YOU'RE NOT REALLY GOING TO, YOU KNOW, YOU'RE NOT REALLY GONNA TAKE THAT HAIRCUT.
AND, AND IF WE START DOING THAT TOO OFTEN AND KIND OF WORD GETS OUT, THEN I THINK IT COULD DISINCENTIVIZE SALES, WHICH AS YOU'RE POINTING OUT IS A SALE MIGHT BE ONE OF THE FEW WAYS THAT A DERELICT DONOR CAN ACTUALLY, YOU KNOW, GET IT, GET IT RIGHT.
AND SO, UH, AND BY YOU, I MEAN, COMMISSIONER OLUGO.
SO, UH, YOU KNOW, I I GUESS WITH THAT IN MIND, IT JUST TEMPERAMENTALLY, I DO TEND TO BE A LITTLE BIT MORE RELUCTANT TO GIVE DEEP DISCOUNTS OFF THE PENALTIES EVEN WHEN THEY, EVEN WHEN THEY COME TO US WITH A LITTLE BIT OF A STICKER SHOCK NUMBER.
I MEAN, I, I THINK THEY'RE, THEY'RE PERFORMING A FUNCTION WITH THAT, THAT HAVING BEEN SAID, YOU KNOW, IF IT'S A DIFFERENT SPLITTER.
UH, AND I THINK IF COMMISSIONERS ARE COMFORTABLE WITH THE IDEA OF DOING SOMETHING, IT'S JUST A MATTER OF FINDING A NUMBER.
AND SO I THINK A FRUITFUL DISCUSSION WOULD BE, UH, FOR PEOPLE TO KIND OF WEIGH IN AGAIN, SO THAT, YOU KNOW, LIKE I SAID AT THE TOP OF THE MEETING, SO THAT PEOPLE AREN'T HAVING THEIR MOTIONS GO DOWN ON VOTES FOR NO REASON.
YOU KNOW, IF YOU DON'T LIKE THE SOUND OF 15, IF YOU THINK IT'S A LITTLE LEAN, YOU KNOW, LET, LET'S HEAR NOW, UM, VICE CHAIR, UH, I WOULD JUST LIKE TO POINT OUT IN REGARDS TO SOME OF THIS DISCUSSION ABOUT LIKE, UM, YOU KNOW, HOW THIS POTENTIALLY AFFECTS MARKET INCENTIVES TO MY UNDERSTANDING, THE PROPERTIES OWNER, OWNER'S REPRESENTATIVE CAN CORRECT ME ON THIS, THE FIRE AND THE PENALTY HAVE ALL OCCLUDE UNDER THE SAME OWNERSHIP THERE.
IS IT, AM I CORRECT IN UNDERSTANDING THAT THERE WAS NO SALE AFTER THE PENALTY STARTED TO ACCRUE, RIGHT? NO, WE'RE TALKING ABOUT THE PREVIOUS ENROLLMENT IN THE HIGHER OFFENDER IN REPEAT OFFENDER PROGRAM.
BUT, BUT, BUT REGARDING THIS SPECIFIC CIVIL PENALTY, ALL OF THAT OCCURRED AFTER A SALE HAD ALREADY OCCURRED.
SO, SO IT WOULDN'T HAVE THOSE KINDS OF MARKET EFFECTS.
UM, YOU KNOW, WE, WE'VE TALKED ABOUT THOSE ISSUES IN THE CONTEXT OF A NEW BIO TAKING ON A PROPERTY THAT ALREADY HAS THIS VERY EXPENSIVE PENALTY ON IT AND THEN THE POTENTIAL EFFECTS OF REDUCING THAT.
UM, BUT THAT, THAT DOESN'T SEEM TO ACTUALLY BE THE CASE HERE.
VICE CHAIR, I APOLOGIZE, I WAS SORT OF CONFLATING THAT JUST IN KIND OF, YOU KNOW, SPEAKING EXTEMPORANEOUSLY ABOUT IT.
BUT, BUT YOU'RE RIGHT THAT THAT'S REALLY NOT IMPLICATED HERE.
SO I MEAN, I THINK HERE, UM, HERE THE QUESTION IS JUST OUT THE DOOR.
ARE WE COMFORTABLE WITH, ARE WE COMFORTABLE WITH THAT BIG OF A REDUCTION? I THINK THAT'S THE QUESTION, AND I THINK THAT'S WHAT, YOU KNOW, WE SHOULD PROBABLY DIRECT OUR DISCUSSION TOWARD.
IT'S ABOUT 10 MINUTES TO 10, SO, UH,
SO IF WE WANT TO, IF WE WANT TO GET IT DONE, YOU KNOW, SO, UH, I MEAN, YOU KNOW, I DON'T KNOW IF IT'S APPROPRIATE TO KIND OF, TO KIND OF DO A STRAW POLL BEFORE WE ACTUALLY PUT IT, BUT, BUT, UH, I DON'T KNOW WHAT, DO YOU HAVE ANY THOUGHTS CHAIR? YEAH, SURE, GUYS, JUST REMEMBER COMMISSIONER FRANCIS STAFF WENT THROUGH AN EXERCISE TO GIVE US GUIDANCE ON THIS, AND THAT'S WAS KIND OF, WE UNOFFICIALLY SAID WE NEEDED DIRECTIVE AND THEY PROVIDED THAT DIRECTIVE TO US.
SO THEY WENT THROUGH AN EXHAUSTIVE ANALYSIS, REMEMBER AT OUR HIGH COMPLEXITY, OUR RETREAT THAT WE WENT THROUGH THAT.
AND SO WE KIND OF HAVE THAT GUIDANCE ON WHAT WE FELT LIKE WAS A REASONABLE RIGHT, BASED ON WHAT THEY WERE GIVING US.
SO I THINK WE'VE FOLLOWED THAT, UM, AND BEEN CONSISTENT ABOUT THAT.
PRIOR TO THAT WE'VE NOT BEEN CONSISTENT.
WE'VE CO CONSISTENTLY INCONSISTENT.
SO, YOU KNOW, THIS HAS PROVIDED SOME, SOME, A METHODOLOGY FOR US TO MAKE AN EDUCATED DATA-DRIVEN DECISION.
SO WE HAVE A, WE HAVE A MOTION TO CALL.
UM, MAY I, UM, COMMISSIONER FRANCIS, MAY I, UH, WITH YOUR PERMISSION, CAN I TABLE TO HEAR FROM COMMISSIONER CHUKAR, HE'S
TO ME, THE HARD WORK THAT THE CITY WENT THROUGH TO PUT A PRESENTATION TOGETHER ALMOST SEEMS LIKE THE FLOOR OF THE COST.
WE SHOULD BE LIKE, THAT'S THE MINIMUM THAT WE SHOULD BE CHARGING SOMEONE JUST TO COVER THE COST OF THE CITY.
IF I AS A PERSON JUST WENT OUT AND BOUGHT A PROPERTY OR SOMETHING, AND AGAIN, IN YOUR CASE, THIS IS SLIGHTLY DIFFERENT HAPPENED AFTER, BUT IF I BOUGHT A PROPERTY, THINGS WERE WRONG WITH IT, THERE WERE PENALTIES, I PERSONALLY WOULD JUST BE ON THE HOOK FOR ALL OF THAT.
UM, SO IT'S INTERESTING THAT FOR MAYBE MULTIFAMILY OR COMMERCIAL STRUCTURES, WE SEEM TO BE WIPING PENALTIES OUT JUST LEFT AND RIGHT.
UH, DOESN'T SIT AS WELL WITH ME.
WELL, TO BE FAIR, PENALTIES ARE AUTOMATICALLY EXACTLY, YEAH.
[03:10:01]
ASSUMING YOU SPEND ENOUGH TO OFFSET THOSE PENALTIES.OKAY, SO WE HAVE A PRIVILEGED MOTION TO CALL, UH, AND I, WITH ALL RESPECT, I I THINK IT'S LIKELY TO FAIL JUST FROM WHAT I'M HEARING.
UH, THE, UM, I, I DON'T THINK SO.
MAY I
UM, IF IT GOES DOWN ON VOTES, IT GOES DOWN ON VOTES, I'M GONNA PUT THE QUESTION AND, UM, AND THEN WE CAN, WE CAN COME BACK TO IT IF WE HAVE TO.
SO, UM, UH, THE QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL SECONDED BY, UH, UH, COMMISSIONER, UH, FRANCIS, UH, TO REDUCE THE PENALTY TO, WAS IT 15,000? UH, AND, UH, IF, UH, AFTER 30 DAYS IT'S NOT PAID IN FULL, IT GOES BACK UP AND, UH, I'LL START WITH COMMISSIONER SOCAL.
UH, COMMISSIONER, SO-CAL VOTES? AYE.
UH, COMMISSIONER SHUGAR VOTES? NO.
COMMISSIONER OLUGO IN FAVOR? COMMISSIONER? UH, OKAY.
COMMISSIONER, UH, VICE CHAIR CAMPBELL.
ALRIGHT, WELL, I, I, UH, I VOTE, AYE UH, CHAIR VOTES.
SO I WILL STAND MISTAKEN, UH,
UH, SO, UH, THE MOTION IS ADOPTED.
UH, UH, MR. MALDONADO, THANK YOU FOR YOUR PARTICIPATION THIS EVENING.
YOU'LL BE MAILED, UH, A COPY OF THE ORDER BY CERTIFIED MAIL.
IF YOU HAVE ANY QUESTIONS, FEEL FREE TO FOLLOW UP WITH THE INSPECTOR.
[FUTURE AGENDA ITEMS]
WE'LL PIVOT TO FUTURE AGENDA ITEMS OF WHICH I BELIEVE WE'RE GONNA HAVE AT LEAST, WELL, IT'S PROPOSED THAT WE HAVE TWO, WE NEED AT LEAST TWO COMMISSIONERS TO, UM, UM, TO VOTE FOR THAT IN FAVOR.AND WHICH OF THE PROPERTIES WAS THAT
SO, UM, IS THAT, IS THAT A SUFFICIENT RECORD OR DO I NEED TO RESTATE THE NAMES OF THE PROPERTIES? I WOULD, IT WOULD BE BETTER FOR THE RECORD IF WE COULD RESTATE WHICH PROPERTIES WE'RE SPEAKING OF AND THEN OF COURSE, WHAT THE REQUEST WAS FOR EACH.
SO, UH, WE HAD
UM, UH, MR. FORD WAS HERE ON, UH, CL 2021 DASH 3 4 9 6 3.
AND I BELIEVE THAT WAS A PENALTY RELIEF.
AND SO, UH, IS THAT CORRECT? OKAY.
AND WE HAVE, UH, COMMISSIONER OLUGO.
DOES ANYBODY JOIN HIM IN WANTING TO SEE THAT COME BACK? I'LL SECOND.
SO, UH, AND THAT'S ALL WE NEED IS ONE SECOND.
SO THAT ONE, THAT ONE IS, UH, APPROVED.
AND THEN THE SECOND ONE I MIGHT NEED, IT WAS, UH, 2112.
WAS IT? IT'S 1, 2, 1, UH, SORRY.
ALL WAY TO AVENUE, UH, EXTERIOR AND BUILDING.
AND THE CLS WERE, UH, CL 2 0 2 3 DASH 0 4 0 2 7 5.
AND CL 2 0 2 3 DASH OH 3 81 21.
UH, THANK YOU, UH, MR. EVERWINE.
AND, UM, ANYBODY CARE TO SEE THAT ONE AGAIN? IS THAT, UH, LET'S SEE IT AGAIN.
SO COMMISSIONER SHUGAR FRANCIS SIG, WE HAVE, WE HAVE AMPLE SUPPORT FOR THAT.
UH, AND, UM, UH, JAMES, DO WE HAVE TO, WE HAVE TO SPECIFY A DATE HERE.
IS THAT SOMETHING STAFF WILL JUST PUT IT ON AN APPROPRIATE FUTURE AVAILABLE AGENDA? WE'LL PUT IT ON THE NEXT AVAILABLE.
SO THE 28TH IT'LL BE THE, OR IS THAT, SORRY, NOT THE 28TH.
THE NOTICE IS FOR THE 28TH HAVE GONE OUT.
SO NEXT AVAILABLE IS NOT NECESSARILY THE VERY NEXT.
UM, ANYTHING ELSE BEFORE WE, BEFORE WE ADJOURN? I MOVE THAT WE ADJOURN
AND IS ANYBODY SECOND? UH, SECOND.
SO ON THE MOTION OF, UH, EDWARDS COMMISSIONER SELIG AND SECONDED BY COMMISSIONER OFFICER LUGO, THAT WITHOUT OBJECTION, UH, THE COMMISSION MEETING STANDS ADJOURNED AT 9:56 PM.