[00:00:03]
[CALL TO ORDER]
MEETING TO ORDER FOR AUGUST 28TH, 2004.I LET THE RECORD REFLECT THAT THE TIME IS 6:37 PM UH, MY NAME IS TIMOTHY STOAT.
I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL, AND ASK FOR THE COMMISSION MEMBERS PRESENT THIS EVENING TO PLEASE SIGNIFY THAT YOU ARE HERE.
QUICK REMINDER TO OUR, OUR COMMISSIONERS REMOTING IN, UH, PLEASE, UH, KEEP YOUR CAMERA ON AT ALL TIMES SO AS TO MAINTAIN QUORUM.
UM, SO I'M GONNA DO THAT ROLL CALL NOW.
AND I'LL BEGIN WITH COMMISSIONER SOCAL HERE.
COMMISSIONER FRANCIS HERE, COMMISSIONER SIG COMM, UH, VICE CAMPBELL HERE.
UH, BEFORE THE CASES ARE CALLED, UH, COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATIONS ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, UH, OR SIX MINUTES FOR ANYONE NEEDING TRANSPORTATION SERVICES.
OKAY, UH, PARDON ME FOR INTERPRETATION SERVICES.
UH, WE'LL GIVE SIX MINUTES, OTHERWISE THREE MINUTES TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR SIX CASES ON THE POSTED AGENDA.
UH, THE COMMISSION WILL CONSIDER, PARDON ME, UM, IT LOOKS LIKE IT'S SAYING 10 CASES FROM SIX PROPERTIES, BUT IN ANY CASE, THERE'LL BE SIX AGENDA ITEMS. UM, OKAY.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR.
UH, HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF APPROPRIATE TO DO SO.
ALL ATTENDEES AT THE HEARING ARE, UH, REQUIRED TO OBSERVE APPROPRIATE DECORUM AND STABILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES EVERWINE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
THEN, UH, DEVELOPMENT SERVICES DEPARTMENT STAFF WILL BE AVAILABLE TO ANSWER QUESTIONS, UH, WHEN THE OWNER'S CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY.
UH, SHOULD PLEASE COME FORWARD AND TAKE A SEAT, UH, NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
UH, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, AND WE'LL HAVE FIVE MINUTES TO DO SO.
AND THEN THE OWNER OR PROPERTY REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES, UH, TO CROSS EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY.
UH, AFTER THE CITY IS PRESENTED AS EVIDENCE AND WITNESSES, THE OWNER'S REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR EVIDENCES AND WITNESS WITNESSES.
THE CITY WILL BE, UH, ALLOWED TO CROSS EXAMINE OWNER'S, REPRESENTATIVE, OR WITNESSES ABOUT THEIR TESTIMONY.
WHEN THE TIMEKEEPER INDICATES YOUR TIME HAS EXPIRED, PLEASE FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE, UH, IDENTIFY YOURSELF.
JAMES AL FOR THE CITY OF AUSTIN.
UH, UH, AFTER THE OWNER REPRESENTATIVE IN THE CITY OF 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.
AND THEN, UH, BOTH SIDES OR THE COMMISSION MAY ASK QUESTIONS OF ADDITIONAL WITNESSES, UH, AND THEN ALSO WE'LL GIVE, UH, PROPERTY OWNERS WHO WISH TO DO SO.
UM, A FEW MINUTES TO SUMMARIZE, UH, AT THE CONCLUSION AND, UH, AT THE CHAIR'S DISCRETION, THE CITY MAY BE PERMITTED TO REBUT, UH, AND OFFER A SUMMATION AS WELL.
UM, AFTER ALL EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON THE DECISION.
COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO THE PROPERTY OWNERS REPRESENTATIVE DECISION OF THE COMMISSION.
ITS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED BY THE TEXAS LOCAL GOVERNMENT CODE.
UH, IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, ASK YOUR QUESTIONS.
UH, WHEN YOUR CASE IS CALLED WITNESSES DO TESTIFY UNDER OATH.
SO AT THIS TIME, I WOULD ASK THAT ANY PERSON WISHING TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, UH, INCLUDING THOSE REMOTING IN, PLEASE, UH, RISE AND, UM, RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN.
SO, 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.
UH, IF THERE'S NOTHING FURTHER, I WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
SO WE NEED TO APPROVE THE MINUTES FIRST.
SO BEFORE WE GO TO THE, SO, AGENDA ITEM NUMBER ONE WAS
[APPROVAL OF MINUTES]
APPROVAL OF THE MINUTES AS, AS ALWAYS.AND SO, HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THE MOMENTS FROM OUR SPECIAL CALL MEETING THAT TOOK PLACE ON AUGUST 8TH, 2024? OKAY.
IF SO, UM, IF ALL, AND AS A REMINDER, YOU, YOU NEED NOT HAVE BEEN IN ATTENDANCE AT THAT MEETING TO VOTE, UH, TO APPROVE.
SO THIS WILL JUST BE A, UH, A VOICE VOTE.
ALL OF THOSE IN FAVOR OF APPROVING, UH, THE MINUTES OF THE SPECIAL CALLED MEETING OF AUGUST 8TH, 2024.
PLEASE, UH, SIGNIFY BY SAYING, AYE
[00:05:01]
A.AND MR. CHAIR? YES, I BEG YOUR PARDON.
UM, I BELIEVE THAT REQUIRES A MOTION.
OH, I THINK THAT MAY BE THE CASE.
I MOVE TO APPROVE THE MEETING MINUTES FROM THE SPECIAL CALLED MEETING IN AUGUST 8TH.
DOES ANYONE SECOND? I'LL SECOND.
SO I'M A MOTION OF COMMISSIONER SLUGO, SECONDED BY COMMISSIONER SHUGART, AND WITH MY APOLOGIES FOR THAT OMISSION.
UH, ALL, UH, IN FAVOR OF THE MOTION, SAY AYE.
ANY OPPOSED? UH, HEARING NONE.
UH, THE MOTION IS ADOPTED AND, UM, I ALSO DID SKIP OVER THE PUBLIC COMMUNICATION, BUT I SHOW THAT WE DON'T HAVE ANYBODY REGISTERED FOR THAT.
SO, UNLESS I'M MISTAKEN ABOUT THAT, IS ANY, ANYBODY REMOTELY? I GUESS NOT.
SO, I THINK WE CAN MOVE ON TO THE CASES.
[2. Case Number: CL 2024-067722 (Part 1 of 2)]
CASE ON TONIGHT'S AGENDA, THIS IS, UH, ITEM NUMBER TWO.THIS IS CONCERNING THE PROPERTY AT 75 0 1 BLESSING AVENUE.
SO IF WE HAVE A PROPERTY OWNER AS REPRESENTATIVE, UH, EITHER COME FORWARD AND TAKE A SEAT OR UNMUTE YOURSELF.
AND ONCE THEY'VE HAD A CHANCE TO DO THAT, I WILL, UM, I WILL TURN TO THE CITY ITEM, UM, CHAIR.
UM, BEFORE WE MOVE ON TO THE CASE, DO WE WANT TO POTENTIALLY PRIORITIZE THE CASES BASED ON THE PRESENT WITNESSES? I, I THINK THAT'S NOT A BAD IDEA.
UM, I WOULD HATE TO MAKE PEOPLE WAIT THREE HOURS JUST TO MAKE THEIR CASE.
SO I DON'T SHOW ANYBODY REGISTERED FOR AGENDA ITEM NUMBER TWO.
AM I CORRECT THAT THERE'S NOBODY EITHER ONLINE OR IN PERSON, UH, REPRESENTING THE PROPERTY? YES, CORRECT.
SO WHAT I'D LIKE TO DO IS ON THE, ON THE RECOMMENDATION OF COMMISSIONER OLUGO, THE POINT IS WELL TAKEN AND WITH APOLOGIES TO THE, UH, CODE OFFICIALS WHO ALREADY TOOK YOUR SEAT.
LET, LET'S, LET'S DO THE PROPERTY AT
[3. Case Number: CL 2024-076069 ]
49 0 9 EAST DALE DRIVE.THAT'S ITEM NUMBER THREE ON THE AGENDA.
AND IF YOU WOULDN'T MIND, IF YOU CAN JUST TAKE A SEAT DOWN FRONT, UH, PLEASE.
ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER SEAL 2024 DASH OH 7 6 0 6 9, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 9 0 9 EASTDALE DRIVE.
THE EXHIBITS CAN BE FOUND IN THE DARK BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE IS REGARDING AN OCCUPIED SINGLE FAMILY STRUCTURE.
THIS CASE WAS OPENED IN AUGUST OF 2023 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, AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J, AND THE RECOMMENDED ORDER CODE INVESTIGATOR, UH, WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS WILLIS ADAMS. I'M THE CODE INVESTIGATOR ASSIGNED TO THIS CASE CONCERNING THE PROPERTY AT 49 0 9 EASTDALE DRIVE.
THE CASE WAS CALLED IN AUGUST 28TH, 2023.
I MADE MY INITIAL INSPECTION ON THAT DATE.
OBSERVED SOME STRUCTURAL ISSUES CONCERNING A CARPORT, UH, HEARING THE COLLAPSE ON NEAR COLLAPSING IN THE REAR OF THE PROPERTY, UH, SOME ROOF EDGE, UH, DAMAGE, AS WELL AS SOME DEPRESSIONS IN THE ROOF, AND SOME WINDOW AND DOOR FRAME ISSUES.
UH, THE PHOTOGRAPHIC EVIDENCE WILL SUPPORT, UH, THE ISSUES I OBSERVED ON THE 28TH OF AUGUST.
UH, WITH THAT, UH, WE'LL PROCEED TO THE PHOTOS.
UH, PHOTOGRAPH TWO A IS A CONTEXTUAL PHOTOGRAPH.
UM, THIS PROPERTY, UH, EASTDALE DRIVE IS AT A T INTERSECTION.
UH, IT'S, UM, INTERSECTION, UH, WITH IT'S INTERSECTED WITH, UH, NORTHDALE DRIVE.
UH, IT'S A HEAVILY RESIDENTIAL, UH, AREA, A LOT OF TRAFFIC, UH, BOTH ON NORTHDALE AND, UH, CONSIDERABLE TRAFFIC ON EASTDALE AS WELL.
[00:10:02]
AND THIS IS ACTUALLY ANOTHER CONTEXTUAL PHOTOGRAPH OF THE FRONT OF THE PROPERTY.THE ADDRESS IS, UH, VERTICALLY SHOWN NEAR THE DOORWAY, 49 0 9, AND YOU CAN SEE SOME DEPRESSIONS IN THE, IN THE, UH, ROOF.
UH, THIS IS FROM THE SIDE OF THE PROPERTY, THE SOUTH SIDE.
UH, UM, IT'S A LITTLE BLURRY, BUT THERE IS SOME TRASH AND DEBRIS ON THE RIGHT SIDE OF THE PROPERTY.
AND THIS IS THE NORTH SIDE OF THE PROPERTY.
CONSIDERABLE AMOUNT OF TRASH AND DEBRIS, UH, ALONG THE SIDE OF THE PROPERTY.
AS YOU CAN SEE, THE BRUSH, UH, HAS BEEN THERE QUITE A LONG TIME THAT IT'S, UH, BASICALLY, UH, JUST TURNED ALL BROWN.
UH, THE DANGER IN THAT IS WITH, UH, FORTUNATELY WE HAD SOME RAIN, BUT TYPICALLY DURING THIS TIME OF THE YEAR, WE GET A SERIOUS DRY SEASON WITH CARS GOING BY, SOMEONE THROWS A CIGARETTE BUTT OUT THE WINDOW.
WE'VE GOT AN INSTANT FIRE THERE.
UM, THIS ISSUE OF TRASH AND DEBRIS ON THE NORTH SIDE OF THAT STRUCTURE, WE'VE HAD CASES THERE SINCE 2019 FOR THE SAME ISSUE.
SO THIS IS NOT A, UH, A ONE TIME, UH, DEAL HERE.
THIS HAS BEEN CONSISTENT, UH, UH, FOR A NUMBER OF YEARS AT THIS PROPERTY.
AND THIS IS FROM THE EAST END OF THE PROPERTY.
AS YOU CAN SEE, AGAIN, A CONSIDERABLE AMOUNT OF TRASH AND DEBRIS ON THE SIDE OF THE PROPERTY.
UH, THIS AGAIN IS FROM, UH, THIS IS FROM THE NORTH SIDE.
UH, YOU CAN SEE SOME DEPRESSIONS IN THE ROOF.
THE PHOTOGRAPH'S NOT REALLY VERY CLOSE, BUT, UH, THE NEXT PHOTOGRAPH SHOULD ILLUSTRATE, UH, THE ROOF EDGE DAMAGE.
NOW THAT'S, AGAIN, SHOWING TRASH AND DEBRIS.
AND THIS IS A BETTER SLIDE SHOWING THE CONDITIONS OF THE CARPORT IN THE REAR, UH, PART OF THE CARPORT.
THERE'S CONSIDERABLE ROTTING ON THAT SIDE OF THE PROPERTY.
THERE'S ALSO SOME DAMAGE TO THE SIDING.
AND THIS IS A MUCH CLOSER, UH, OBSERVATION OF THE SAME, UH, SIDE OF THE PROPERTY.
YOU CAN SEE SOME DAMAGE TO THE DOORFRAME.
AGAIN, THE EDGE OF THE, UH, CARPORT IS FALLING APART.
UH, THE CARPORT IS AN ADDITION THAT WAS PERMITTED BACK IN, UH, 1993.
SO IT'S BEEN THERE FOR QUITE A WHILE, BUT IT WAS PERMITTED.
AND THEN AGAIN, THIS IS, UH, A LITTLE BIT FURTHER BACK FROM IT, BUT YOU CAN, YOU CAN SEE THE EXTERIOR WALL DAMAGE THE DOOR FRAME ABOVE THE, UH, REAR DOOR, AS WELL AS THE, THE CARPORT.
THAT CONCLUDES MY PRESENTATION, AND I'LL TURN IT OVER BACK TO JAMES.
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 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 J.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS, C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND THAT THE CITY CONCLUDES THIS PRESENTATION.
ALRIGHT, UH, THANK YOU, JAMES.
SO, UH, AT THIS TIME, UH, WITHOUT OBJECTION, I WILL ADMIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO J.
IS THERE OBJECTION, UH, K, HEARING NONE.
AND I WILL NOW TURN TO OUR, UH, REGISTERED OWNERS REPRESENTATIVE OR PROPERTY REPRESENTATIVES.
I'M SHOWING A, IS IT A RAYFIELD MIDDLETON? YES, SIR.
UH, YOU, UM, IF YOU'D LIKE, YOU CAN POSE ANY QUESTIONS TO THE CODE OFFICIAL THAT YOU MAY HAVE.
OTHERWISE, YOU'RE FREE TO JUST, OKAY.
SO IT ALSO COULD YOU, UH, I THINK YOUR, YOUR MIC MIGHT NOT BE SORRY.
[00:15:01]
HE'S RIGHT.I UNDERST TELL ABOUT EVERYTHING HE SAID HE'S CORRECT.
UH, DO YOU HAVE ANY AFFIRMATIVE PRESENTATION? ANYTHING YOU WANTED TO, TO DISCUSS WITH US THIS EVENING, OR, UH, WELL, YOU KNOW, UH, YOU KNOW, I KNOW I HAVE A, UH, UH, KNOW, UM, LET ME, YOU KNOW, UM, PICK UP, UH, UM, UH, NUMBER HERE, SIR, YOU KNOW, YOU KNOW, AND, YOU KNOW, UH, IT JUST HARD ON ME RIGHT NOW, YOU KNOW, IT JUST BECAUSE, YOU KNOW, MY, YOU KNOW, IT'S KIND OF HARD ON MY, UH, KNOW, TAXES ARE VERY HIGH BY NOW.
PROPERTY TAXES, LIKE, YOU KNOW, YOU KNOW, YOU KNOW, UH, HOW MUCH IS THAT? A LOT? NO, ITS ALMOST, YOU KNOW, UM, HOW MUCH, YOU KNOW, IT'S LIKE, YOU KNOW, UM, 10,000 A YEAR IS MY PROPERTY TAXES, YOU KNOW? AND, YOU KNOW, AND IT WAS FINALLY PAID OFF, UM, A COUPLE MONTHS AGO.
IT WAS ALMOST, YOU KNOW, IT WAS LIKE 31,000 WITH MY PROPERTY TAX, AND IT FINALLY PAID OFF AS OF, YOU KNOW, A MONTH AND A HALF AGO.
YOU KNOW, AND, YOU KNOW, I KNOW I'M JUST HAVING A HARD TIME, YOU KNOW, JUST IN THE ORDER RIGHT NOW.
SIR, UH, IF THERE'S NOTHING FURTHER, UH, DOES THE, DOES THE CODE INVESTIGATOR ADAMS OR THE CITY HAVE ANY QUESTIONS FOR THE PREP OWNER, REPRESENTATIVE? UH, I DON'T HAVE ANY QUESTIONS FOR HIM.
I, I, I DID HAVE A, UM, A SUMMARY, BUT I DON'T KNOW IF THIS IS THE TIME THAT WE SHOULD, UH, I SHOULD SUBMIT MY SUMMARY.
WELL BE BEFORE PIVOTING TO THAT, I GUESS.
LET ME, UH, OPEN IT TO MY FELLOW COMMISSIONERS IF ANYBODY HAS QUESTIONS, EITHER FOR THE PROPERTY REPRESENTATIVE OR THE, UH, CODE OFFICIALS.
IT LOOKS LIKE IT WAS COMMISSIONER OLUGO.
UH, I JUST WANTED TO ASK A QUICK QUESTION TO INSPECTOR ADAMS. UM, I JUST WANTED TO ASK, HAS I, I, I KNOW YOU'VE MENTIONED THAT THIS HAS KIND OF BEEN A CONSISTENT PROBLEM WITH THIS PROPERTY.
UM, HAS IT BEEN A RECURRING PROBLEM, OR HA HAS THIS PARTICULAR VIOLATION KIND OF GONE ON FOR AN EXTENDED PERIOD OF TIME? UH, I CHECKED THE DATABASE, UH, TODAY TO SEE HOW FAR BACK WE'VE HAD ISSUES AT THIS PROPERTY, AND IT GOES BACK TO 2018 MM-HMM.
UM, I DON'T KNOW IF MR. MIDDLETON WAS, WAS INVOLVED WITH THE PROPERTY THAT FAR BACK.
I, I JUST, I MEAN, I, I MET HIM LAST YEAR, SO I REALLY CAN'T, UH, SPEAK ON THAT.
BUT WE HAVE HAD, UH, A NUMBER OF COLD CASES CALLED IN FOR, FOR ISSUES AT THAT PROPERTY.
AND COMMISSIONER OLUGO, UM, AND THIS WOULD BE A QUESTION FOR BOTH THE PROPERTY OWNERS AND THE, THE, UM, THE INSPECTOR.
HOW MUCH OF THIS COULD BE SOLVED BY, UH, TRYING TO CALL, IF POSSIBLE, UM, AUSTIN RECOVERY SERVICE, LIKE AUSTIN RECOVERY, UH, SERVICE TO JUST PICK UP THE OVERSIZED? IS THAT A POSSIBILITY? LIKE, I'M CURIOUS, WHAT IS THE PATH TO FIXING THIS LOOK LIKE? UH, YOU KNOW, SIR, YOU KNOW, LIKE, YOU KNOW, YOU KNOW, LIKE IN, UH, MY HOME, YOU KNOW, YOU KNOW, YOU KNOW, IT IS LIKE, UH, AN OLDER HOME, YOU KNOW, AND, YOU KNOW, UH, YOU KNOW, MY MOM IS IN A, A NURSING HOME, YOU KNOW, AND YOU KNOW, YOU KNOW, I HAD LIKE, YOU KNOW, LIKE EIGHT, YOU KNOW, UM, BROTHERS, YOU KNOW, KNOW HIS SISTER, YOU KNOW, AND YOU KNOW, THEY ALL DEAD NOW.
SO, YOU KNOW, IT KIND OF JUST IN MY LAP, FELL IN MY LAP.
AND, YOU KNOW, IT'S KIND OF HARD.
SO, UM, TO, TO, TO, TO, UH, WHAT YOU GONNA SAY SOMETHING? YEAH.
UH, THAT'S WHAT WE HAVE THE CONFIRMATION NUMBER FOR, FOR PICKUP, THE AUSTIN RESOURCE RECOVERY.
OH, SO YOU GUYS ALREADY HAVE SCHEDULED SOMETHING WITH THE AUSTIN RESOURCE RECOVERY, RIGHT? YES, SIR.
AND TO MAKE SURE I UNDERSTAND, SO, UH, THIS PROPERTY WAS CHANGED RECENTLY, UH, FROM YOUR MOTHER TO YOUR, TO YOURSELF? YES, SIR.
YOU KNOW IT, THIS SOME YEARS AGO, BUT IT HASN'T BEEN A LOT OF YEARS.
20, YEAH, LIKE, UM, YOU KNOW WHAT, 2020? NO, NOTHING.
YOU GOT THE POWER OF ATTORNEY.
SO IN 2022, THE PROPERTY CHANGED HANDS? YES, SIR.
AND YOU GUYS ALREADY HAVE, SIR.
AND WHAT IS, UH, WHAT IS AUSTIN RESOURCE RECOVERY, UH, SCHEDULED TO PICK UP? LIKE, WHAT CAN THEY PICK UP AND WHAT CAN'T THEY PICK UP? UM, EVERYTHING THEY SAID, LIKE MATTRESSES, UM, ON THE CURB, ON THE CURB, YOU KNOW, YOU KNOW, LIKE THE, WHAT, FOURTH TIME NOW? IT'S LIKE THE FOURTH TIME.
AND THAT'S WHAT, IT'S JUST US TRYING TO DO IT, AND IT'S KIND OF HARD, SO THAT'S WHY IT'S TAKING SO LONG.
BUT THAT'S WHY IT'S PILED UP YES.
IS BECAUSE WE'RE SLOWLY TRYING TO, THAT'S WHY THAT CAR WAS IN THAT PICTURE, THE BE CUT, YOU KNOW, YOU KNOW, I KNOW, YOU KNOW, THE LIMBS HAVE TO BE PILED UP, YOU KNOW, AND KNOW, HAVE A LOT OF LIMBS, LIKE, YOU KNOW, HANGING OVER AND, YOU KNOW, FROM MY, YOU KNOW, YOU KNOW, AND INITIALLY KNOW, AND PEOPLE WHO KNOW, UH, YOU KNOW, KNOW
[00:20:01]
WHO WAS IN THE HOME, YOU KNOW, BEFORE ME WAS LIKE, YOU KNOW, IT WAS JUST YOUNG AND LAZY, YOU KNOW? AND, AND THEN, YOU KNOW, KNOW, AND IT GOT LIKE THIS MAN, YOU KNOW? OKAY.AND IT'S KIND OF LIKE, YOU KNOW, IN MY LEFT NOW, YOU KNOW, SO I HAVE TO HANDLE THAT AS A MAN.
UH, INSPECTOR, UM, WOULD YOU SAY THAT THERE'S ANYTHING, UH, THAT YOU'VE SAW, SEEN IN THE PROPERTY BASED ON WHAT'S IN THE VIOLATIONS THAT AUSTIN RESOURCE RECOVERY COULDN'T PICK UP AND THROW AWAY? I, I CAN'T ANSWER FOR WHAT THEY WOULD OR WOULD NOT PICK UP.
UM, AGAIN, THE, UH, THEY MAY GO BY THERE AND PICK UP EVERYTHING, OR THEY MAY GO BY THERE AND JUST PICK UP THE BRUSH.
NO, I, I REALLY CAN'T GIVE AN ANSWER TO THAT.
I WILL SAY THIS THOUGH, THAT, UH, I'VE TALKED TO MR. MILTON A COUPLE TIMES AT THE PROPERTY, AND THE, THE AMOUNT OF, UH, TRASH THAT HE'S HAD THERE DOES ACCUMULATE.
UM, MY CONCERN IS, IS ALSO NOT JUST FOR HIS OWN PROPERTY, BUT FOR THE ADJACENT RESIDENTIAL PROPERTIES IN THE AREA.
THE OTHER, UH, UH, THING THAT I DID IN EFFECT, WE TALKED ABOUT THIS BEFORE, ABOUT GETTING AUSTIN RESOURCE RECOVERY INVOLVED IN ASSISTING HIM, IN GETTING IT REMOVED.
UM, I WAS TALKING TO JAMES HERE ABOUT POSSIBLY, UH, AMENDING, UH, OUR ORDER TO ALLOW HIM THE TIME TO GET THE PROPERTY OR GET THE TRASH REMOVED, AND THEN FOCUS IN ON THE STRUCTURAL ISSUES THAT EXIST AT THE PROPERTY.
UM, BECAUSE WITHOUT GETTING THE TRASH OUT OF THE WAY, IT'S GONNA BE DIFFICULT TO SEE ALL OF THE, UH, STRUCTURAL ISSUES THAT HE NEEDS TO ADDRESS.
AND I UNDERSTAND THAT HE'S, YOU KNOW, HE'S EXPERIENCING FINANCIAL ISSUES LIKE MANY OTHER PROPERTY OWNERS, UH, IN AUSTIN RIGHT NOW WITH HIGH TAXES.
SO I'M OPEN TO, YOU KNOW, IF THE COMMISSION IS OPENING THE SCENE, THAT THAT IS A POSSIBILITY, UH, TO AMEND THE ORDER, TO GIVE HIM THE TIME TO REMOVE THE TRASH, AND THEN FOCUS AFTER THAT ON THE STRUCTURAL ISSUES, AND GIVE HIM MOST OF THE TIME TO ACCUMULATE MORE FUNDING AND ASSISTANCE FROM THE CITY AS WELL, IF POSSIBLE.
I WOULD EXTEND IT TO MY, MY, I'M NOT MOVING THROUGH ANYTHING, BUT MY, MY SUGGESTION WOULD BE TO MOVE IT TO 90 DAYS, FOUR TO FIVE, TO TAKE CARE OF THE TRASH AS I'VE DEALT WITH AUSTIN RESOURCE RECOVERY IN THE PAST.
AND IT IS, LET'S JUST SAY A BUREAUCRATICALLY COMPLICATED, AND THEN 45 DAYS FOR THE OTHER ISSUE.
SO THAT WOULD BE MY SUPPORTIVE, UH, DESIRE.
BUT, UH, HAPPY TO HEAR FROM OTHER COMMISSIONERS.
AND IF I HAVE ONE MORE, IF I CAN SAY ONE MORE THING, THE OTHER, UH, ISSUE WITH AUSTIN RESOURCE RECOVERY, THEY, THEY DO, I BELIEVE TWO, UH, PICKUPS OR BULK PICKUPS A YEAR.
UH, RESIDENTS ARE ABLE TO CONTACT THEM AND ASK THEM TO DO PICKUPS.
UH, THEY'RE NOT ALWAYS OPEN TO THAT.
UH, SO I, AGAIN, THAT'S WHY I SAID I CAN'T REALLY TELL YOU WHAT THEIR SCHEDULE OR WHAT, YOU KNOW, WHAT THEY WILL DO IN, IN TERMS OF THIS PARTICULAR PROPERTY.
UH, CHAIR, UH, TO THE PROPERTY OWNER, WHAT I'M HEARING IS A PLAN, I THINK, IN YOUR MIND.
YOU, YOU'VE KIND OF FORMULATED A PLAN.
SO IF, I GUESS WHAT I'M LOOKING FOR IS, WHAT YOU'RE ASKED IS OF US AND WHAT YOU WOULD LIKE US TO DO.
SO IF YOU COULD JUST FLESH OUT THAT WHAT YOU THOUGHT YOU MIGHT GOING TO DO AT THE PROPERTY, WHAT THOSE STEPS LOOK LIKE, HOW MUCH TIME YOU NEED.
DOES THAT MAKE SENSE? I BELIEVE, YOU KNOW, LIKE, YOU KNOW, LIKE THE, UH, YOU KNOW, UH, LIMBS, YOU KNOW, AND THE MATTRESSES AND WOOD, YOU KNOW, LIKE, YOU KNOW, YOU KNOW, HE WAS SAYING, YOU KNOW, YOU KNOW THAT, YOU KNOW, LIKE, YOU KNOW, I THINK IT WOULD BE THE, UH, YOU KNOW, TO, UH, DO NUMBER ONE THING TO DO WOULD BE THAT.
AND THEN AFTER THAT, YOU KNOW, KNOW THE NOT HOME, YOU KNOW, LIKE, YOU KNOW, FIXING THIS AND THAT, YOU KNOW, BUT, YOU KNOW, IT JUST, YOU KNOW, IT MONEY, YOU KNOW.
IT TAKES MONEY AND A WHOLE LOT OF IT
SO I WAS THINKING, UH, IF I COULD GET LIKE, YOU KNOW, WITH THE, UH, YOU KNOW, UH, GARBAGE WITH THE BOOK, WHAT YOU THINK, UH, YOU KNOW, ADAM, WHAT YOU THINK ABOUT 60 DAYS OR SOMETHING, SOMETHING LIKE THAT.
IS THAT, SO DO YOU THINK IT'S A LOT OF STUFF, MAN? I MEAN, DO, DO YOU THINK GET IN THE HOUSE TOO? YOU KNOW, LIKE LIMBS, YOU KNOW, I HAVE IN, IN THE HOUSE, GOT STUFF IN THE HOUSE, YOU KNOW, HAS TO BE PUT OUT.
YOU KNOW, I'VE BEEN PUTTING OUT THIS, PUT OUT THIS, YOU KNOW, IT JUST, SURE.
AND IT, YOU KNOW, YOU KNOW, I KNOW FOR AS HIP, I, I'M HAVING THE HELP WITH ME, YOU KNOW, AND, AND I'M AN OLDER GUY, BUT, YOU KNOW, I JUST KEEP GOING BEST I CAN.
WOULD 90 DAYS BE ENOUGH TIME TO GET ALL THE TRASH OUT OF THERE, MOW THE GRASS AND START TO MOVE TOWARD, YES SIR.
YOUR GOAL, WHICH I THINK IS TO FIX THE HOUSE.
MY MOM THIS SUMMER HAS BEEN SO HOT THAT IT'S BEEN SLOW GOING.
WHY? WE'RE MOVING STUFF OUT SLOWER THAN WE WERE.
HAVING A LONGER PERIOD, IT WOULD COOL OFF MORE AND WE COULD GET SHUT ON QUICKLY.
[00:25:01]
WITH THE HEATUH, DOES ANYBODY HAVE ANYTHING FURTHER? UH, VICE CHAIR? UH, I WAS JUST GOING TO MOVE TO, UH, CLOSE THE PUBLIC BOARD OF HEARING VICE CHAIR MOVES TO CLOSE.
SECOND, UH, IT LOOKS LIKE IT'S, UH, COMMISSIONERS OLUGO AND, UH, FRANCIS ARE BOTH, UH, SECONDED.
SO, UH, UH, ALL IN FAVOR OF CLOSING THE PUBLIC PORTION OF THE HEARING AS SIGNIFY BY SAYING AYE.
UH, SO IT SOUNDS LIKE THE AYES HAVE IT.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
IF I COULD ASK YOU ALL JUST TO SIT TIGHT, SIR, FOR A MOMENT.
WE WON'T REQUIRE ANY FURTHER, UH, AFFIRMATIVE TESTIMONY OF YOU, BUT JUST IN CASE SOMEONE HAS QUESTIONS.
AFTER, UH, WE DISCUSS, UH, MOTIONS.
UH, SO, UH, MOVING FROM THE PUBLIC HEARING, UM, I THINK, UH, IT IS A BEST PRACTICE FROM A SORT OF DELIBERATIVE STANDPOINT TO, UH, UH, NOT TO DISCUSS WITHOUT A MOTION PENDING.
SO AT THIS TIME, I'D ENTERTAIN ANY MOTIONS.
IT LOOKS LIKE WE HAVE COMMISSIONER OLUGO, I HEREBY MOVE TO ADOPT, UH, ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW.
AND, UH, STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER AMEND, UH, POINT, UH, ONE TO SAY 90 DAYS INSTEAD OF 45 DAYS.
AND AMEND 0.2 TO SAY, ON THE 91ST DAY, COMPLIANCE HAS NOT BEEN ACHIEVED, ET CETERA, ET CETERA.
I HAVE A MOTION BY, UH, COMMISSIONER OLUGO TO ADOPT STAFF'S FINDINGS, BUT TO CHANGE THE COMPLIANCE PERIOD FROM 45 TO 90.
DOES ANYBODY SECOND? I'LL SECOND.
UH, MOTION IS SECONDED BY COMMISSIONER OLUGO.
IS THERE ANY DISCUSSION ON THE MOTION? I'LL LET, UM, I SHOULD LET, UM, COMMISSIONER, SORRY.
I SHOULD LET, UH, I'LL RECOGNIZE IF YOU'D LIKE, I'LL RECOGNIZE COMMISSIONER OLUGO TO OPEN SINCE IT YOU, UH, AUTHORED THE MOTION.
UM, I THINK I'VE, I'VE LAID OUT MY, MY REASONING FAIRLY CLEARLY IS I THINK THAT THERE'S SORT OF A MULTI-STEP STAGE HERE TO THE FIX, WHICH IS, FIRST WE NEED TO, UH, GET THE PROPERTY IN A STATE WHERE WE CAN DO A FULL INVESTIGATION OF ALL OF THE VIOLATIONS AND GIVE THE PROPERTY OWNERS TIME TO FIX IT ALL.
AND I THINK DEALING WITH THAT KIND OF LARGE RESOURCE REMOVAL IS GONNA REQUIRE COORDINATION BETWEEN THE AUSTIN RESOURCE RECOVERY, POTENTIAL PRIVATE, UM, UM, FOLKS, IF THAT DOESN'T COVER EVERYTHING.
AND SO I THINK THEY, MOVING FROM 45 TO NINE DAYS WITH THE SUPPORT OF THE STAFF, UH, IS I THINK THE WISEST SORT OF COURSE FORWARD THAT, UH, GETS US TO A PLACE THAT WILL ALLOW THE PROPERTY OWNERS TO FIX EVERYTHING, UM, ALLOW US THE PROPERTY TO GET BACK IN FUNCTION, UH, IN A SMOOTH, IN ORDER TO BE MANNER.
I JUST WANTED TO SAY, UM, IN MORE RECENT MEETINGS, WE'VE BEEN ASKING EACH PARTY TO, UH, OR GIVING THEM THE OPPORTUNITY TO GIVE A SUMMARY AT THE END OF THEIR TESTIMONY.
UM, I JUST REALIZED THAT WE HADN'T DONE THAT BEFORE CLOSING THE PUBLIC PORTION OF THE HEARING.
IT'S A FAIR POINT, NOT IT'S A FAIR THANK YOU VICE CHAIR.
AND IN RECOGNIZING YOU FOR THAT MOTION WITHOUT, UM, WITHOUT FIRST, UH, HEARING FROM THE PARTIES TO SOME SUMMARIZE, I THINK IT WAS MY, IT WAS MY, UH, FAULT.
SO LET ME, RATHER THAN TRY TO MOVE BACKWARD ON THE AGENDA, LEMME DO IT THIS WAY.
UH, CO-INVESTIGATOR, HAD WE GIVEN YOU AN, AN OPPORTUNITY TO SUMMARIZE, WHAT WOULD YOU HAVE SAID?
UH, JAMES AND I WERE JUST TALKING ABOUT THAT.
HE TOLD ME I WASN'T GONNA GIVE A CHANCE, SO THAT'S FINE.
UH, I WOULD'VE JUST SAID THAT BECAUSE OF THE CONDITION OF THE PROPERTY, UH, IT PRESENTS A NUISANCE AND OBLIG TO THE COMMUNITY THAT EXISTS IN, UM, MR. MIDDLETON OBVIOUSLY IS HAVING SOME, SOME FINANCIAL ISSUES.
BUT LET'S KEEP IN MIND, THIS CASE HAS BEEN OPEN SINCE AUGUST OF 2023.
UM, I DON'T KNOW WHY IT, IT, IT GOT TO THE POINT WHERE IT IS RIGHT NOW, BUT, UH, I WOULD BE OPEN TO GIVING HIM AS MUCH HELP AS POSSIBLE.
UH, AS I TOLD HIM BEFORE, WHERE THE CITY'S NOT HERE TO TAKE HIS PROPERTY AWAY FROM HIM, AND THEY WILL PROVIDE HIM AS MUCH HELP AS POSSIBLE IN ONE OF THE HEARINGS I HAD PREVIOUSLY LAST YEAR WITH, UH, ADMIN HEARING WE HAD WITH THE SAME PROPERTY.
SO, UH, YOU KNOW, WITH THAT BEING SAID, UH, I, I WOULD'VE PROBABLY WENT FOR 60 DAYS, BUT I'M OPEN TO THE 90 DAYS.
SO, UM, I'M THANKFUL FOR THAT, THAT, THAT WE'RE ABLE TO GET THIS DONE, AND IF HE CAN GET IT DONE IN 90 DAYS, IT'S ALL BETTER FOR THE REST OF US
[00:30:01]
AND FOR HIS COMMUNITY.I WILL, UH, DIRECT THE SAME QUESTION TO THE PROPERTY REPRESENTATIVES.
DO YOU HAVE ANY FINAL SUMMARY THAT YOU'D LIKE TO PROVIDE? AND IT'S NOT REQUIRED JUST IN THE EVENT THAT YOU DID.
UH, COMMISSIONER FRANCIS, SEE YOUR LIGHT RIGHT ABOVE.
UH, SO IS THERE ANY FURTHER DISCUSSION, UH, APPEARING, UH, THAT THERE'S NONE? I'LL GO AHEAD AND PUT THE QUESTION TO THE BODY.
UH, I'M SORRY, CHAIR ONE, ONE THING, UM, IF I MAY RECOMMEND, JUST BASED ON FATE LAW, UM, COMMISSIONER OLUGO, IF YOU WOULDN'T MIND MAKING A SLIGHT AMENDMENT TO YOUR MOTION TO INCLUDE JUST MAKING SURE THAT THE PROPERTY REMAINS SECURED, UM, DURING THIS TIME.
WAS THAT ON PART OF THE ORIGINAL, UM, UH, UH, ORDER? UH, LET ME DOUBLE CHECK.
IT WAS NOT, IT'S NOT IN THE CORRECT, IT'S TECHNICALLY NOT SPECIFICALLY STATED ON HERE.
SO, AND WE, AND IT DOES NEED TO BE THERE FOR LANGUAGE.
SO YEAH, JUST MAKING SURE THAT THE PROPERTY IS, IS SECURED.
SO FROM THE TOP, UM, DO I NEED TO KILL THE MOTION TO BE STANDING? NO, LET'S, LET'S DO IT THIS WAY.
I BELIEVE THAT PROCEDURALLY, UH, THE CLEANEST WAY TO DO IT IS TO ACTUALLY TAKE A, A QUICK VOTE ON, ON A PROPOSED AMENDMENT, WAIT, AND THEN THE, CAN SOMEBODY ELSE DO AN AMENDMENT TO MY MOTION? SURE.
SO WOULD ANYBODY LIKE TO BE RECOGNIZED FOR? OKAY.
UM, AND VICE CHAIR, UH, I WOULD ASK TO MAKE A FRIENDLY AMENDMENT TO INCLUDE THAT THE PROPERTY BE SECURED, UM, DURING THE PERIOD BEFORE REACHING COMPLIANCE.
DOES ANYBODY SECOND? THE, UH, THE, UM, ACTUALLY, I DON'T BELIEVE THAT'S NECESSARY.
THINK IT, THAT'S NOT ACCEPT, ACCEPT.
IT'S, IT'S ACCEPTABLE TO THE AUTHOR.
SO WHAT WE HAVE NOW IS, UH, UM, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER SLUGO AS SECONDED BY COMMISSIONER SHUGAR, UH, TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, ONLY TO CHANGE THE COMPLIANCE PERIOD FROM 45 DAYS TO 90 DAYS AS AMENDED ON THE MOTION OF, UH, VICE CHAIR CAMPBELL, WHICH IS ACCEPTABLE TO THE AUTHOR, WHICH WOULD, UH, PROVIDE THAT, UH, THE PROPERTY REMAIN, UH, APPROPRIATELY SECURED.
UH, WITH THAT, I WILL PUT THE QUESTION TO THE COMMISSION.
I WILL MAKE IT A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
UH, COMMISSIONER FRANCIS AYE UH, COM, UH, VICE CHAIR CAMPBELL AYE.
THERE BEING SIX AYES AND NO NAYS.
THE MOTION IS ADOPTED AND, UH, A COPY OF TONIGHT'S ORDER, UH, WILL BE MAILED TO THE PROPERTY, UH, REPRESENTATIVES.
AND, UH, WITH THAT, THERE'S NOTHING FURTHER WE CAN MOVE ON TO THE NEXT AGENDA ITEM.
THANK YOU FOR BEING HERE TONIGHT.
WE APPRECIATE YOUR ATTENDANCE.
AND THEN DO YOU WANNA ASK WHAT ITEM? AGENDA ITEM? YEAH.
AND THEN A QUICK QUESTION TO, UM, I GUESS THIS IS PROBABLY BEST DIRECTED TO MR. EVERWINE.
UM, IT, IT APPEARS AS THOUGH THE NEXT AGENDA ITEM THAT HAS ANYBODY REGISTERED IS NUMBER SEVEN.
IS THAT, AM I CORRECT ABOUT THAT? OH, THANK YOU, SIR.
WOULD THAT, IS THERE ANY REASON WHY IT WOULD SEVEN BE PARTICULARLY OTHERWISE TIME CONSUMING IN SUCH A WAY THAT IT, IT SHOULDN'T BE TAKEN UP NEXT OR NO, WE CAN HEAR IT.
OKAY, THEN LET'S, LET'S DO THAT.
UH, FOR THE SAME REASON, UH, COMMISSIONER OLUGO POINTED OUT PREVIOUSLY, JUST SO FOR FOLKS WHO HAVE SHOW SHOWN UP, THEY DON'T HAVE TO SIT THROUGH A LOT OF, UH, CASES THAT, THAT DON'T HAVE, UH, THAT AREN'T REPRESENTED.
SO APOLOGIES TO THE, UH, CODE OFFICIALS WHO KEEP GOING BACK AND FORTH DOWN TO THE DAY HERE.
AND WE'LL, WE'LL MOVE TO AGENDA ITEM NUMBER SEVEN,
[7. Case Numbers: CL 2022-031841, CL 2022-031882, CL 2022-031885 and CL 2022-031896 (Part 1 of 2)]
UM, WHICH CONCERNS A PROPERTY AT 8,600 NORTH LAMAR BOULEVARD.UM, AND I SHOW THAT WE HAVE A, UH, MR, IS IT VALDIVIA? YES.
AND, UH, I WILL GO AHEAD AND TURN TO THE, UM, CODE ON THAT ONE.
ITEM NUMBER SEVEN ON THE AGENDA IS A MULTI-FAMILY PROPERTY LOCATED AT, UH, 8 6 0 0 NORTH LAMAR BOULEVARD.
BUILDINGS A THROUGH D FOUR ORDERS WERE 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 NUMBERS ARE CL 2022 DASH OH 3 1 8 4 1 CL 2022 DASH OH 3 1 8 82, UH, CL 2022 DASH OH 3 1 8 85, AND CL 2022 DASH OH 3 1 8 96.
[00:35:01]
THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE PLUM COLORED BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.HERE ARE SOME FACTS ABOUT THESE CASES.
UH, THESE CASES ARE ABOUT A MULTI, UH, A COMMERCIAL MULTI-FAMILY PROPERTY THAT IS IN THE REPEAT OFFENDER PROGRAM.
FOUR ORDERS WERE ISSUED FOR THIS CASE, UH, FOR THIS PROPERTY FOR REPAIR WITHIN 30 DAYS, WITH A PENALTY OF $2,000 PER WEEK BEGINNING ON THE 31ST DAY OF COMPLIANCE WAS NOT ACHIEVED.
THE TOTAL PENALTIES AS OF TODAY'S DATE ARE, UM, 40,000.
ACTUALLY, I MIGHT HAVE THE WRONG NUMBERS HERE.
THE TOTAL PENALTIES, UM, AS OF TODAY'S DATE ARE 42,000, UH, $142 AND 54 CENTS, UH, FOR EACH OF THE FOUR, UM, FOR EACH OF THE FOUR ORDERS.
AND THIS INCLUDES, UH, INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING.
UH, 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 I THREE AND FOUR A THROUGH FOUR J FIVE AND SIX A THROUGH SIX J SEVEN AND EIGHT A THROUGH EIGHT G.
AND EXHIBIT NINE, WHICH 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 POSTINGS, AND COPIES OF THE, UH, RECORDED BSC ORDERS ISSUED MARCH 23RD, 2022, AND THE CORRESPONDING PENALTY STATEMENTS AND EXHIBIT 10, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
AND THE CITY'S RECOMMENDATION CODE INSPECTOR MARISOL VALDERRAMA IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND, UM, TIMELINE FOR COMPLIANCE AND WILL PRESENT SOME COMPLIANCE PHOTOS.
CODE INSPECTOR DERRA, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, COMMISSIONER MONET.
MARISOL RA I WAS THE CO OFFICER WORKING IN, IN THIS PROPERTY AT 600 LAMAR.
AND, UM, YEAH, THE THING IN THE BE OFFENDER PROGRAM SINCE AUGUST, 2021, UH, THE PROPERTY OWNER IS A H LAMAR HOUSING ASSOCIATES.
THE OWNERS IS REQUESTING THIS CASE TO BE BROUGHT BACK TO THE COMMISSION TO CONSIDERING AMENDING THE FOUR BC ORDERS REGARDING THE CODING PENALTIES.
I'M HERE TO DISCUSS THE CORRECT VIOLATION AND THE BRIEF TIMELINE.
THE ORIGINAL CASES WERE OPEN ON FEBRUARY 5TH, 2022.
THE FOUR CASES WERE BROUGHT BEFORE THE COMMISSION OF MARCH 23RD, 2022, AND ORDER PROVIDE TEMPORARY SHOWERS AND REPAIR COMPLETE WITH 30 DAYS.
THE TEMPORARY SHOWER WERE INSTALLED AT THE PROPERTY IN THE P 14 20 22.
THE PLUMBING PERMIT WAS SUSTAINED IN JULY 22ND, 2022.
AND THE FINDING INSPECTION WAS DONE ON AUGUST 11TH, 2022 TO BRING THE PROPERTY INTO COMPLIANCE.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY OF $8,600.
THIS IS BUILDING A, ONE OF THE BUILDINGS THAT HAD THE ISSUE WITH THE HOT WATER.
THIS IS ONE OF THE UNITS THAT WE WERE ABLE TO GO AND TEST THE WATER TEMPERATURE.
UH, COULD, YOU COULD SEE THE FO THE WATER DIDN'T REACH THE CITY COMPLIANCE 110 DEGREES.
THIS BUILDING B WHERE WE WON'T BE ABLE TO GO TO ANOTHER UNIT.
AS COULD YOU SEE THE WATER DIDN'T REACH THE TEMPERATURE THAT IS REQUIRED BY THE CITY? 110 DEGREES.
NEXT PHOTO, THIS BUILDING C ANOTHER THE BUILDING THAT GOT THE HOT WATER ISSUES.
THIS UNIT 31 0 1 WAS ANOTHER UNIT THAT WAS ABLE TO GO INSIDE.
IT DIDN'T MEET THE REQUIREMENTS EITHER OF THE 110 DEGREES OR NEXT FOUR, PLEASE.
THIS BUILDING D ANOTHER BUILDING THAT WERE THE SAME ISSUES.
NEXT PHOTO, WHICH DIDN'T REACH THE TEMPERATURE EITHER 110 DEGREES.
AND, UM, THIS IS, UM, THE SHOWER THAT THEY BROUGHT.
THEY BROUGHT THREE DIFFERENT SHOWERS IN THREE DIFFERENT AREAS OF THE PROPERTY FOR THE TENANTS TO BE ABLE TO TAKE HOT SHOWERS IN THE AFTERNOON.
[00:40:02]
SECURITY 24 7 UNTIL ALL THE REPAIR WERE DONE.AND THAT'S, THAT'S FOR PLEASE, THIS IS ANOTHER SECTION OF THE AREA WHERE THEY PUT THE SECOND TRUCK OF THE SHOWERS IN.
AND THIS IS, UH, UH, THE BOARD THAT WAS DONE DURING THE PROCESS OF REPAIRING ALL THE PIPES IN THIS PHOTO, PLEASE.
THIS IS ANOTHER SECTION OF THE PROPERTY WHERE THEY WERE DOING THEIR REPAIR AFTER THEY GOT THE PERMITS FOR POLICE.
THIS CONTINUING BUILDING D WHERE THEY DO MORE REPAIRS FOR POLICE.
AND I THINK THIS IS THE PHOTOS WHERE THEY COMPLY WITH THE HOT WATER TO THE SECOND PART PLEASE.
YOU CAN SEE THAT THE HOT WATER MEET THE CITY REQUIRING OVER 110 DECREASE PLEASE.
AND THAT'S CONCLUDE MY PRESENTATION.
STAFF HAS THE COMMISSION TO ADMIT EXHIBIT NINE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT 10, 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, AFFIRM THE FOUR CIVIL PENALTIES OF $42,152 AND 18 CENTS PER ORDER ASSESSED FROM THE ORDERS ISSUED MARCH 23RD, 2022, UH, T RV 2 0 2 2 0 6 1 4 1 4 T RV 2 0 2 2 0 6 1 4 1 5 T RV 2 0 2 2 0 6 1 4 1 6 AND T RV 2 0 2 2 0 6 1 4 1 7 FOR A COMBINED TOTAL OF $168,608 AND 72 CENTS.
OR IN THE ALTERNATIVE TO IF THE COMBINED, UH, TOTAL CIVIL PENALTY AMOUNT OF $168,608 AND 72 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE MODIFIED ORDER, UH, FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT A REDUCED AMOUNT AND THREE ON THE 31ST DAY FROM THE DATE THE, UH, MODIFIED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE UNPAID PORTION OF THE ORIGINAL COMBINED PENALTY AMOUNT OF $168,608 AND 72 CENTS AND 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.
ALL RIGHT, THANK YOU MR. EVERWINE.
UH, AT THIS TIME, IF THERE'S NO OBJECTION, I WILL ADMIT EXHIBITS NINE AND 10.
AND, UH, ALSO I SHOW THAT WE HAVE PROPERTY OWNER EXHIBITS TO BE ADMITTED FOR BUILDINGS A THROUGH D.
UH, SO, UH, I'LL GO AHEAD AND ADMIT, UNLESS IT NEEDS TO BE, UM, UH, THE QUESTION NEEDS TO BE DIVIDED, I'LL JUST GO AHEAD AND ADMIT ALL THOSE.
IF THERE'S NO OBJECTION, HEARING NONE, THE EXHIBITS ARE ADMITTED.
AND, UH, I'LL NOW TURN TO MR. VALDIVIA.
UH, SIR, YOU ARE WELCOME TO IF YOU HAVE ANY QUESTIONS FOR THE CODE INSPECTOR, YOU'RE WELCOME TO ASK THOSE NOW.
OTHERWISE, UM, IF YOU HAVE ANY AFFIRMATIVE, YOU, YOU CAN JUST, UH, BEGIN YOUR PRESENTATION IF YOU'D LIKE.
I WAS CHECKING IF THE MIC WAS ON.
MY NAME IS CARLOS VALDIVIA AND I WORK AS AN ASSET MANAGER FOR ALLEGED CAPITAL, THE OWNER OF PALM ZONE LAMAR, THE PROPERTY IN QUESTION.
I'M HERE TO REQUEST A WAIVER OF THE PENALTIES FOR NON-COMPLIANCE RESULTING FROM THE HOT WATER SUPPLY DISRUPTIONS AND SUBSEQUENT REPAIRS AT PALMS UP FIRST WENT BEFORE THIS COMMISSION ON MARCH 23RD, 2022.
UH, IF POSSIBLE, I'D LIKE MY EXHIBITS TO BE, UH, PRESENTED ON THE SCREEN FOR THE COMMISSIONERS TO REVIEW.
UH, THOSE LOOK LIKE INVOICES, BUT THERE SHOULD BE, OH, SIR, IF I MAY, WE HAVE TWO, UH, BUNDLES OF EXHIBITS.
THERE WERE THE PREVIOUSLY ADMITTED EXHIBITS THAT, THAT WERE PRESENTED TO US BACK IN 2022, BUT THEN THERE'S THE ONES THAT I JUST ADMITTED AND I, AND I SHOW THE FIRST OF THOSE TO BE AN INVOICE FROM A COMFORT SYSTEMS. SO THOSE, THAT'S INCORRECT.
THAT'S NOT, I SUBMITTED, UH, THE EXHIBITS ON MONDAY AND WAS RECEIVED AN EMAIL AS THEY WERE ACCEPTED.
UM, IT APPEARS THAT THE EXHIBITS WE HAVE TO BE ADMITTED TODAY ARE A COPY OF THE ONES THAT WERE EXHIBITED IN THE 2022 MEETING.
[00:45:01]
SO I DON'T KNOW IF STAFF HAS A WAY OF PULLING UP THE, UH, NEW DOCUMENTS THAT WERE SUBMITTED, BUT YEAH, THEY APPEAR TO JUST BE THE ONES THAT WERE, YES, FOR THE RECORD, THAT'S, UH, 2022 VICE CHAIR POINTING OUT THAT WE MIGHT HAVE A TECHNICAL ISSUE AND THAT THE OLD EXHIBITS MIGHT BE IN OUR SYSTEM TWICE.AND THE MORE RECENT EXHIBITS THAT YOU PROVIDED MIGHT NOT HAVE BEEN UPLOADED PROPERLY.
I THINK WE'RE, UH, I'M GONNA LET STAFF LOOK INTO THAT.
CAN WE STAND AT EASE FOR A MOMENT OR SHOULD WE MOVE ON TO ANOTHER ITEM? DO YOU HAVE A, UM, IT'S, IT'S YOUR CALL CHAIR.
PERHAPS WE CAN GET SOME, UH, ASK STAFF TO SEE HOW MUCH TIME THEY MIGHT NEED, AND AT THAT POINT IT MIGHT BE BENEFICIAL TO MOVE ON TO GIVE STAFF THAT TIME.
UM, I THINK, UH, IT MIGHT TAKE A LITTLE TIME IF YOU WANT TO GO TO A DIFFERENT, OKAY, MR. UM, VALDIVIA.
OKAY, MR. VALDIVIA, UH, THANK YOU FOR YOUR PATIENCE.
WE ARE ACTUALLY GONNA TAKE ANOTHER ITEM, UH, OUT.
WE'RE GONNA TAKE AN ITEM UP OUT OF ORDER, UH, JUST BECAUSE I THINK THE WAY IT'S GONNA WORK IS THEY'RE GONNA LOCATE THE MATERIALS YOU PROVIDED, GET THEM UPLOADED SO WE CAN ALL BE VIEWING THEM.
WE, WE'LL GET THOSE ADMITTED AND THEN WE'LL LET YOU PROCEED AFTER, AFTER WE HAVE THOSE.
UH, AND SO WHAT I'LL DO NOW, UM, I'LL ENTERTAIN A MOTION TO TABLE.
IS ANYBODY SECOND? OKAY, IT LOOKS LIKE IT'S, UH, ON THE MOTION OF VICE CHAIR CAMPBELL SECONDED BY, UM, UM, COMMISSIONER ROSA LUGO.
UH, IS THERE ANY, UH, ANY OPPOSITION OR ALL IN FAVOR SAY AYE.
UH, WE'RE GONNA TABLE AGENDA ITEM NUMBER SEVEN MOMENTARILY WHILE, UH, STAFF GETS THOSE EXHIBITS FOR US.
I DON'T SHOW ANYBODY REGISTERED TO TESTIFY, BUT I'LL, I'LL ACCEPT IF I'M MISTAKEN ABOUT THAT.
MR. EVERWINE, DO YOU HAVE ANY, UH, RECOMMENDATION ABOUT WHAT SHOULD GO NEXT? SHOULD IT JUST GO IN, IN THE ORDER? UM, IT APPEARS ON THE AGENDA.
UM, ITEM NUMBER SIX I THINK IS ON, UH, THE PHONE.
[6. Case Number: CL 2024-085334]
AND PIVOT TO AGENDA ITEM NUMBER SIX.UM, THIS IS AT, UH, 11 1 16 JIM THORPE LANE.
I DON'T THINK WE HAVE ANYBODY IN PERSON ON THAT ONE, BUT I'M ADVISED THAT WE MIGHT HAVE A, AN OWNER REPRESENTATIVE ON THE PHONE.
SO, SO WE, SO WE HAVE A, UM, AUSTIN BARNES ON THE PHONE, UH, FOR, UH, AGENDA ITEM NUMBER SIX.
UM, AND HE'LL BE READY TO UNMUTE HIMSELF WHEN IT'S, UH, HIS TIME FOR TESTIMONY.
UM, OKAY, UH, THEN, UH, YOU, UH, MR. BLA, YOU CAN BEGIN.
ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 8 5 3 3 4 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 1 1 1 6 JIM THORPE LANE.
THE EXHIBITS CAN BE FOUND IN THE RUST COLORED BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED AND UNOCCUPIED.
THE CASE WAS OPENED IN MAY OF 2023 FOLLOWING A FIRE INCIDENT.
THERE ARE NO ACTIVE TRADE PERMITS FOR THE PROPERTY.
THE STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND A FIRE INCIDENT REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND THE RECOMMENDED ORDER.
CODA 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 CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT
[00:50:01]
1 1 1 1 6 JIM THORPE LANE.THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS BARNES AUSTIN, WILLIAM OF THE SAME ADDRESS.
ON MAY 21ST, 2023, I RECEIVED A COMPLAINT FOR, FOR, UH, PROPERTY FROM AUSTIN 3 1 1 FOR A FIRE DAMAGE, FIRE AND INTERIOR MASTER BATHROOM, THREE BOARDED WINDOWS ON MAY 22ND.
INSPECTOR WESLEY PERFORMED AN INITIAL INSPECTION AND OBSERVED A RESIDENTIAL STRUCTURE WITH A LOCK LOCK BOX ON THE FRONT DOOR.
PER HIS NOTES, HE ALSO OBSERVED FIRE DAMAGE ALONG THE SIDE OF THE PROPERTY AND THE WINDOWS BOARDED.
A NOTICE OF VIOLATION WAS COMPLETED AND SENT TO THE PROPERTY OWNER ON JUNE 16TH.
I CONDUCTED A FOLLOW-UP INSPECTION AND OBSERVED THAT CONDITIONS REMAINED THE SAME.
SOME OF THE SECOND FLOOR SIDING WAS MISSING, EXPOSING THE SMOKE AND FIRE DAMAGE.
INTERIOR STRUCTURE MEMBERS INSULATION AND DRYWALL TO RAIN AND OTHER ELEMENTS IS DAMAGE IN THE SOFFIT OF THE ROOF AND THE FIRST FLOOR WINDOWS ARE BROKEN OUT AND BOARDED FROM THE INSIDE.
A REVIEW OF THE FIRE REPORT INDICATED THAT THE FIRE STARTED IN THE BATHROOM, EXHAUST FAN EXTENDED TO SOME TOWELS ON THE FLOOR AND BEGAN TO IGNITE THE DOWNSTAIRS MASTER BATH AND CLOSET.
ON AUGUST 25TH, I CONDUCTED ANOTHER FOLLOW-UP INSPECTION AND MET A NEIGHBOR WHO SHARED THE OWNER'S NAME AND PHONE NUMBER.
I PROVIDED MY BUSINESS CARD AND REQUESTED THAT THE NEIGHBOR TAKE A PHOTO AND FORWARD IT TO THE HOMEOWNER REQUESTING THAT HE CONTACT ME.
ON AUGUST 30TH, I RECEIVED A CALL FROM MR. BARNES WHO STATED THAT HE WAS PREPARING TO HAVE THE PROPERTY DEMOLISHED.
I INQUIRE, INQUIRED ABOUT PERMITS BECAUSE AT THIS TIME THERE WAS NO PERMITTING ACTIVITY.
MR. BARNES STATED THAT HE WOULD HAVE HIS PERMIT BY THE END OF THE WEEK.
I INFORMED HIM THAT I WOULD SEND AN EMAIL WITH INFORMATION ABOUT WHO TO CONTACT FOR THE PERMITTING PROCESS.
MR. BARNES REQUESTED AN EXTENSION, WHICH I GR GRANTED, THAT EXPIRED ON OCTOBER 30TH, 2023.
I CONDUCTED MONTHLY FOLLOW-UP INSPECTIONS FROM AUGUST 30TH THROUGH JANUARY 18TH, 2024.
DURING THESE INSPECTIONS, THE FIRE DAMAGE CONDITIONS REMAINED THE SAME AND THERE WAS NO PERMITTING ACTIVITY.
ON JANUARY 18TH, I CONTACTED MR. BARNES TO ASCERTAIN THE STATUS OF THE PROPERTY.
MR. BARNES STATED THAT HE GUTTED THE PROPERTY TO THE STUDS FOR THE INSURANCE TO MAKE AN ACCURATE ASSESSMENT OF THE DAMAGE AND RELEASED THE FUNDS NECESSARY FOR REPAIR.
I REITERATED THE PRO PERMITTING PROCESS AND EXPLAINED THE NEXT LEVEL OF ESCALATION.
MR. BARNES STATED THAT HE UNDERSTOOD AND REQUESTED A SECOND EXTENSION, WHICH WAS GRANTED AND EXPIRED.
ON MARCH 24TH, I CONTINUED MONTHLY FOLLOW-UP INSPECTIONS, AND ON MARCH 15TH, I OBSERVED THE SIDING ALONG THE SECOND FLOOR HAD BEEN REPLACED.
A NEW WINDOW AND THE OTHER WINDOW CLOSED OFF FROM THE INSIDE.
A REVIEW OF THE AMANDA PERMITTING SYSTEM INDICATED THAT NO PERMITS WERE ACTIVE FOR THE RESIDENCE AND A STOP WORK ORDER WAS POSTED ON THE PROPERTY.
A FEW DAYS LATER, I RECEIVED A CALL FROM THE CONTRACTOR REQUESTING INFORMATION ON WHAT NEEDED TO BE DONE TO COMPLETE THE PERMIT.
MONTHLY FOLLOW UP INSPECTIONS CONTINUED AND SEVERAL CONVERSATIONS WERE HAD WITH MR. BARNES AND HIS CONTRACTOR ABOUT PERMITS.
ON JUNE 7TH, I CONDUCTED ANOTHER FOLLOW UP AND OBSERVED THAT MR. BARNES HAD AGAIN STARTED MAKING REPAIRS TO INCLUDE ALTERING THE EXTERIOR OF THE PROPERTY BY MODIFICATION OF PREVIOUSLY PERMITTED AND FINALIZED WORK BY ADDING OR ALTERING THE WINDOW, ANOTHER STOP WORK WORK ORDER WAS ISSUED AS OF AUGUST 21ST, THERE IS A PLAN REVIEW THAT IS AWAIT UPDATE AND THE WORK HAS STOPPED.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
SO, EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY, UM, STANDING AT THE FRONT.
EXHIBIT TWO B IS JUST A CONTEXTUAL, UH, UP CLOSE SHOWING THE ADDRESS OF THE PROPERTY.
THIS IS ALSO ALONG THE SIDE WHERE THE FIRE DAMAGE HAS OCCURRED.
EXHIBIT TWO C, YOU CAN SEE, UM, THE DAMAGE TO THE SOFFIT AND THE SECOND FLOOR SIDING, EXPOSING FIBERGLASS INSULATION, BUILDING PAPER, FLOOR STRUCTURE, STUDS, DRYWALL, AND A PLUMBING PIPE.
EXHIBIT 2D, THE WINDOWS BOARDED FROM THE INTERIOR.
AND IN ADDITION TO THE PREVIOUSLY STATED DAMAGE, YOU CAN ALSO SEE THE WINDOW HEADER FOR THE VERY FIRST WINDOW.
EXHIBIT TWO E IS THE BUILDING MODIFICATION WITH BRICK REMOVAL IN ADDITION OF A NEW WINDOW.
AND EXHIBIT TWO F IS A CLOSEUP OF THE FRAMING FROM THE PREVIOUSLY PERMITTED WINDOW.
I STRONGLY URGE THE COMMISSION TO ACCEPT STAFF'S RECOMMENDATIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
[00:55:01]
IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
UH, SO AT THIS TIME WITHOUT OBJECTION, I WILL ADMIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH F.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, AND NOW MR. IS AUSTIN BARNES.
DO WE HAVE, UH, MR. BARNES ON THE PHONE? YES.
UH, MR. BARNES, IF YOU COULD PLEASE PRESS STAR SIX ON YOUR PHONE.
HELLO? CAN YOU GUYS HEAR ME? MR. BARNES, CAN YOU HEAR US? I, I THINK I HEAR YOU.
HI, CAN YOU GUYS, CAN YOU GUYS HEAR ME? WE, WE CAN HEAR YOU.
UH, SO AT, AT THIS TIME, UM, I'M, I'M, UH, YOU CAN BEGIN YOUR, UH, PRESENTATION OR IF YOU HAVE QUESTIONS FOR, UH, CODE INSPECTOR PATERNO, YOU'RE WELCOME TO ASK THOSE QUESTIONS NOW.
UH, IF YOU'RE, IF YOU'RE READY TO PRESENT, YOU CAN JUST, UH, BEGIN YOUR TESTIMONY.
UM, I THINK, UH, ALL, ALL OF HER TESTIMONY WAS CORRECT AND ACCURATE.
IT'S JUST THAT I THINK ON MY END, THE, THERE'S BEEN, THERE WAS, INITIALLY, I, I THOUGHT THE PERMIT PROCESS WAS GONNA BE SIMPLE.
I'M DOING A SLIGHT REMODEL TO THE UPSTAIRS BATHROOM.
I REALIZED THERE WAS A DIFFERENT PERMIT TO THAT, A REMODEL PERMIT, WHICH REQUIRED A LOT MORE DOCUMENTATION.
UM, I INITIALLY THOUGHT I COULD DO THE DOCUMENTATION MYSELF, AND IT JUST BECAME KIND OF, I DIDN'T HAVE THE SKILLS NECESSARY TO, TO DO IT.
SO AT THIS POINT, I REALIZED I NEEDED TO GET A PERMITTING SERVICE OR AN ARCHITECTURAL SERVICE TO, UH, DRAW DIAGRAMS. UM, AS FAR AS THE LOT CONDITION ITSELF, UH, WHEN SHE POSTED THE NOTICES, UH, TOWARD THE END OF JULY, UM, I HAD NOT BEEN ON THE PROPERTY IN A COUPLE OF MONTHS, REALLY.
SO I GOT THE, THE TWO CITATIONS FOR THE LAWN.
THERE'S REALLY TWO, TWO BULLET ITEMS THAT I'M AWARE OF.
SO ONE WAS THE LAWN, WHICH, UM, I HAD THAT, AND I SENT PICTURES OF MS. PATERNO OF THE UPDATED, UM, EXTERIOR CONDITION I HAD, UH, BY THE END OF JULY.
I HAVE AN EMAIL DATED JULY 27TH.
UM, AND I CAN FORWARD THOSE PICTURES TO SOMEBODY ELSE, OR, OR MS. PATERNO CAN, BUT, UM, IT'S, UH, IT SHOWS THAT THE PROPERTY HAD THE TREES TRIMMED.
THE, THE LAWN WAS COMPLETELY DONE.