[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.
UM, I HAD THE BUSHES IN FRONT TRIMMED.
SO AS FAR AS THE CONDITION OF THE PROPERTY, IT'S, UM, I BELIEVE IT SHOULD MEET THE CITY STANDARDS.
I'VE NEVER GOTTEN NOTICES, YOU KNOW, FROM THE HOA, THE HOA ALSO MONITORS, UH, MY LAWN AND THEY'VE NEVER FINED ME FOR, UM, YOU KNOW, THE CONDITION OF, OF, OF THE LAWN ITSELF.
BUT ANYWAYS, THAT'S BULLET POINT NUMBER ONE.
BULLET POINT NUMBER TWO WAS THE, UM, I BELIEVE IT'S REALLY JUST CONCERNING THIS, UM, FRONT WINDOW.
IT WAS KIND OF CHICKEN OR THE EGG.
I WAS, I WAS NOT DOING THE WORK, OR I, THERE'S NOT BEEN RE BRICKED BECAUSE I THOUGHT I NEEDED THE PERMIT TO DO ANY WORK ON THE HOUSE.
SO WHEN SHE GAVE ME THE STOP WORK PERMIT, THERE REALLY WASN'T ANY WORK BEING DONE ON THE HOUSE.
AND THEN THE REASON IT APPEARED THAT THERE WAS WORK DONE AFTER THE STOP NOTICES, BECAUSE THE WINDOW THAT WENT IN WAS BACK ORDERED FROM MY CONTRACTOR, AND THEN HE PUT IT IN LIKE TWO MONTHS LATER WITHOUT REALLY NOTIFYING ME, IT WAS ALREADY PAID FOR WORK.
SO WHEN SHE CAME BY, IT LOOKED LIKE THERE WAS PROGRESS, BUT REALLY IT WAS JUST, UH, YOU KNOW, PREPAID WORK THAT WAS BEING DONE LATE.
SO, UM, ANYWAY, I REQUESTED A QUOTE FROM THE CONTRACTOR, UH, TO HAVE THAT, UH, SECTION RE BRICKED, UH, WITH THE WINDOW AND CLOSE THAT SPACE UP.
I JUST, I, I GUESS MY ONLY QUESTION IS, UH, WHAT ALL NEEDS TO BE DONE TO, TO BRING THE PROPERTY INTO COMPLIANCE BESIDES THE PERMIT, WHICH I INITIALLY SUBMITTED A PERMIT.
UM, AND I BELIEVE APRIL, THEY GOT REJECTED BECAUSE IT DIDN'T HAVE ALL THE NECESSARY VERBIAGE, UH, FOR THE REMODEL.
AND SO I'VE KIND OF, I, I SAT DOWN WITH, UH, A CITY.
UH, THE PERSON WHO REVIEWED MY FIRST SUBMITTAL, UM, HAD A BUNCH OF NOTES ON WHAT ALL NEEDED TO BE IN THERE.
I SAT DOWN IN APRIL OR MAY WITH HIM TO, AND HE GAVE ME ALL THE INFORMATION I NEEDED TO, UH, RESUBMIT THE PERMIT DOCUMENTATION.
[01:00:01]
AND AGAIN, IT IS SOMETHING I'VE HAD ON MY AGENDA TO DO, AND I JUST DON'T HAVE THE SKILLS TO DO IT.SO I NEED TO HIRE A PERMITTING SERVICE TO GET THE DOCUMENTATION TOGETHER AND RESUBMIT THAT PERMIT SO I CAN GET APPROVED.
BUT AT THIS POINT, CAN I HAVE IT RE BRICKED WITHOUT A PERMIT, OR DO I NEED TO GET A PERMIT TO HAVE IT RIGGED OR JUST KEEP GETTING CITATIONS? I JUST, I DON'T KNOW WHAT TO DO.
UH, INSPECTOR PATERNO, DO YOU HAVE ANY QUESTIONS FOR THE OWNER, THE PROPERTY REPRESENTATIVE? I DO NOT.
THEN AT THIS TIME, I'LL TURN IT OVER TO FELLOW COMMISSIONERS.
IF ANYBODY HAS QUESTIONS FOR EITHER THE CODE OFFICIALS OR THE PROPERTY REPRESENTATIVE.
UM, I GUESS IT APPEARS THAT NO ONE DOES.
UH, LET ME, LET ME DO THIS THEN.
UM, SO MR. BARNES, UH, IS THERE ANY, IS THERE ANY ASPECT OF THE PROPOSED ORDER THAT YOU, DO YOU HAVE ANY, ANY ASK OF US THIS EVENING? ANY REQUEST? IS THERE ANY PART OF THE ORDER YOU OBJECT TO? UM, NOT, NOT THAT I OBJECT TO.
I JUST, WHAT, I MEAN, CAN I GO AHEAD AND HAVE MY CONTRACTOR, 'CAUSE THERE'S NO, I HAVE INSURANCE FUNDS TO PAY HIM.
UM, I REQUESTED A QUOTE TO HAVE IT RE BRICKED AT THIS POINT.
BESIDES GETTING THAT WHOLE RE BRICKED, UH, IS THERE ANYTHING ELSE ON THE PROPERTY THAT NEEDS TO BE BROUGHT INTO COMPLIANCE? WELL, SO, OKAY.
SO THE WAY THIS, THIS, THIS TYPICALLY WORKS IS IF WE ISSUE THE ORDER, THEN WHAT'S GONNA HAPPEN IS IF YOU DON'T APPEAL, UH, TO DISTRICT COURT, THE ORDER BECOMES FINAL AFTER 30 DAYS.
UH, SO THE, THE STATED PENALTY, THE RATE IS, UH, 250 A WEEK, AND YOU WOULD HAVE, UH, 45 DAYS TO COMPLY.
THAT'S FROM THE DATE THE ORDER IS MAILED.
SO, YOU KNOW, GIVE OR TAKE, UH, AND THEN, UM, THE REPAIRS, WHEN THEY'RE ULTIMATELY, WHEN, WHEN THE PROPERTY COMES INTO COMPLIANCE, WHEN REPAIRS ARE FINALIZED AND INSPECTED AND EVERYTHING, THERE'S SOME OPPORTUNITY TO HAVE ACCRUED PENALTIES, UH, OFFSET BY THE, BY THE COST INCURRED IN, IN CONDUCTING THE REPAIRS.
AND SO, JUST IN LIGHT OF ALL OF THAT, AND WITH YOUR AWARENESS THAT THERE'S SOME PROCESS LEFT ON YOUR END, YOU KNOW, YOU HAVE TO KIND OF GET WITH YOUR CONTRACTOR AND THEN, YOU KNOW, GET ALL THE, I'S DOTTED AND T'S CROSSED ON THE PERMITTING PROCESS.
I GUESS THE QUESTION IS, DOES THAT SOUND REASONABLE TO YOU? DO YOU, DO YOU THINK THAT 45 DAYS IS, UH, IS, IS SUFFICIENT, UH, OR DO YOU HAVE SOME, YOU KNOW, SPECIFIC REQUEST FOR ADDITIONAL TIME OR, OR ANYTHING LIKE THAT? THAT'S BASICALLY ARE, ARE YOU IN AGREEMENT WITH THE PROPOSED ORDER, UH, OR IS THERE ANY SPECIFIC DISAGREEMENT YOU'D LIKE TO BRING TO OUR ATTENTION THIS EVENING? NOT A SPECIFIC DISAGREEMENT, BUT IF YOU GUYS CAN EXTEND IT 90 DAYS, I THINK THAT WOULD BE BETTER.
JUST BECAUSE AT THIS POINT I HAVE TO SOURCE A PERMITTING AGENCY.
I'M NOT SURE ONCE I GET THE DOCUMENTATION, EVEN IF THAT TEXT ME, SAY TWO WEEKS, UH, TO GET THAT SUBMITTED, UM, I'M NOT SURE HOW LONG IT'S GONNA TAKE TO GET APPROVED.
AND THEN THERE SHOULDN'T BE TOO MUCH OF A DELAY ON THE CONTRACTOR.
MY CONTRACTOR'S BEEN PRETTY GOOD, BUT, YOU KNOW, TO GET HIM AFTER A PERMIT TO GET THERE AND GET IT FIXED MIGHT TAKE A COUPLE OF WEEKS.
SO, UM, ANY EXTENSION YOU GUYS CAN PROVIDE WOULD BE APPRECIATED.
UM, SO THE COMMISSION DOESN'T HAVE, DOESN'T APPEAR TO HAVE ANY OTHER QUESTIONS.
I GUESS I SHOULD, ONE MORE TIME.
UM, I STAND CORRECTED, UH, VICE CHAIR CAMPBELL.
UH, I WAS JUST GOING TO ASK INSPECTOR PATAU IF YOU HAD ANY OBJECTION TO, UH, THE HOMEOWNER'S REQUEST FOR ADDITIONAL TIME, OR IF YOU HAD ANY, UH, INSIGHT INTO WHETHER THAT WOULD BE A, A REASONABLE EXTENSION.
PERSONALLY, I FEEL AS THOUGH THIS, UH, HOMEOWNER HAS HAD AMPLE TIME, UM, THROUGHOUT THE PROCESS UNTIL THE VERY END.
IT HAS BEEN ME INITIATING THE CALLS TO HIM TO FIND OUT WHAT THE STATUS WAS OF THE PROPERTY IN THE BEGINNING.
HE, UM, HE PRETTY MUCH ADMITTED THAT HE JUST HADN'T DONE ANYTHING.
HE HADN'T MOVED, HADN'T DONE, HADN'T MADE ANY KIND OF EFFORT WHATSOEVER TOWARDS MOVING THE PROPERTY FORWARD.
SO I PERSONALLY WOULD, WOULD OBJECT TO ANYTHING BEYOND THE 45 DAYS.
IS THAT, UH, IS THAT ALL VICE CHAIR? UH, YES.
I I JUST WANTED TO OFFER SOME INFORMATION THAT, UH, WASN'T PROVIDED BY THE HOMEOWNER.
THIS MIGHT BE RELEVANT FOR CONSIDERATION.
I WANNA MAKE SURE, I WANNA CONFIRM WITH HIM TOO, THAT THIS IS ACCURATE.
AND THIS WASN'T, UH, PLACED IN THE WRONG CALL TEXT.
MY UNDERSTANDING IS THAT, UH, HE WAS ON HOLD WITH 9 1 1 FOR FOUR MINUTES AND THEN FINALLY HUNG UP AND CALLED A FIREFIGHTER THAT HE KNOWS.
[01:05:01]
AND THEN THAT FIREFIGHTER HAD TO CALL A FIRE DISPATCH ON THE LANDLINE.UH, THAT'S RELEVANT BECAUSE THE FIRE DAMAGE WOULD BE MUCH MORE EXTENSIVE THAN IT SHOULD HAVE BEEN OTHERWISE.
SO IF THAT, IS THIS, IN FACT, THIS INCIDENT THAT MIGHT BE WORTH CONSIDERING THAT, YOU KNOW, THE DAMAGE WOULD'VE BEEN SIGNIFICANTLY LESS IF HE HAD GOTTEN THROUGH TO THE FIRE DEPARTMENT WHEN HE FIRST CALLED, AND THERE WAS PROBABLY ABOUT A SIX MINUTE DELAY.
SO I JUST WANNA MAKE SURE I UNDERSTAND.
UH, AND BY THE WAY, I, I WAS REMISS, UH, I SHOULD HAVE, JUST FOR THE RECORD, I WANT TO, UH, FIRE MARSHAL TRUSDALE.
STEVEN TRUSDALE HAS BEEN WITH US, UH, SINCE, UH, WE GAVELED OPEN.
AND I, I THINK I WAS SUPPOSED TO RECOGNIZE YOU AT THE BEGINNING.
I APOLOGIZE FOR THAT OVERSIGHT.
SO, I, I JUST WANNA MAKE SURE I UNDER COMPLETELY UNDERSTAND THE IMPLICATIONS.
ARE YOU, ARE YOU, ARE YOU, IS YOUR TESTIMONY THAT THE, THE DELAY CAUSED BY HIS DISCONNECTING THE NINE ONE ONE CALL MAY HAVE EXACERBATED THE DAMAGE? SO HE WAS ON HOLD FOR OVER FOUR MINUTES OKAY.
SO HE WAS NOT ABLE TO GET THROUGH TO THE FIRE DEPARTMENT.
SO HE GAVE UP, HUNG UP CALLED A FRIEND WHO'S A FIREFIGHTER.
THAT FIREFIGHTER THEN CALLED FIRE DISPATCH ON A DIRECT LINE THAT THE FIREFIGHTERS KNOW.
AND THEN THAT'S WHEN THE CALL WAS DISPATCHED.
AND I THINK IT MIGHT HAVE BEEN, THERE MIGHT HAVE BEEN SOME CONFUSION ON THE ADDRESS.
HE MAY NOT HAVE, UH, YOU KNOW, IN THE BEING PASSED ALONG.
SO THEY WERE DISPATCHED TO THE GENERAL AREA, BUT MAYBE NOT THE EXACT ADDRESS.
ALL OF THOSE FACTORS CAUSED A SIGNIFICANT DELAY IN THE RESPONSE PROBABLY, YOU KNOW, SIX, MAYBE MORE MINUTES.
AND SO, SO THE, THE DAMAGE, YOU KNOW, AS A RESULT OF THE FIRE, UH, WAS MUCH MORE EXTENSIVE THAN IT WOULD'VE BEEN OTHERWISE UNDER NORMAL CIRCUMSTANCES.
AND I, AND I UNDERSTAND, AND FORGIVE ME IF I'M BEING OBTUSE HERE, I JUST WANNA BE ABSOLUTELY CERTAIN THAT I'M NOT MISCONSTRUING WHAT YOU'RE TELLING US.
SHOULD WE UNDERSTAND THAT HIS DECISION TO, AFTER BEING ON HOLD FOR FOUR MINUTES TO DISCONNECT AND TAKE THIS OTHER CHANNEL, WAS THAT A BAD IDEA OR A GOOD IDEA? DID IT, DID IT, WAS IT AMELIORATIVE OR DID IT EXACERBATE THINGS? IT'S HARD TO SAY.
UH, THE STATE OF 9 1 1 AT THAT POINT WAS SUCH THAT YOU COULD BE ON HOLD EIGHT, 10 MINUTES.
THERE'S NO WAY OF KNOWING WITHOUT DOING FURTHER RESEARCH IF HIS ACTIONS GOT THE FIRETRUCK THERE QUICKER OR NOT.
REGARDLESS THOUGH, THE FOUR MINUTE DELAY AT THE BEGINNING WAS UNACCEPTABLE, AND THE FIRE DOUBLES IN SIZE ABOUT EVERY THREE MINUTES.
SO IF YOU FACTOR THAT IN, UH, I I WOULD THINK THAT, UH, THERE WAS SIGNIFICANT ADDITIONAL DAMAGE.
UM, DO ANY FELLOW COMMISSIONERS HAVE ANY FOLLOW UP ON THAT POINT? UH, UH OKAY.
SO WITH THAT, UH, MR. BARNES, IF YOU, UH, WHAT WE ORDINARILY DO NOW, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION BEFORE DOING SO, I WANTED TO GIVE YOU AN OPPORTUNITY IF THERE WAS ANY SUMMATION YOU'D LIKE TO OFFER.
JUST IF THERE'S ANYTHING THAT, THAT CAME UP THAT YOU'D LIKE TO COMMENT ON OR SOMETHING YOU DIDN'T GET TO IN YOUR ORIGINAL PRESENTATION.
NO, A AGAIN, I THINK THE DETAILS MS. PATERNAL PROVIDED ARE CORRECT.
I DELAYED, UH, THE REASON FOR THE DELAY THOUGH, I MEAN, MY LIVING SITUATION HAS BEEN, BEEN, UH, MOVED AROUND TWICE SINCE THEN.
AND SO THERE'S TWO, TWO FACTORS THAT REALLY DELAYED.
ONE WAS REALLY NO UNDERSTANDING OF THE PERMITTING SERVICES.
I, I THINK I INITIALLY THOUGHT IT WAS JUST SUBMIT SOME PAPERWORK AND IT'D BE AN EXPRESS PERMIT.
UM, SO I MISUNDERSTOOD EXPRESS PERMIT VERSUS REMODEL PERMIT.
UH, WHEN I REALIZED THE REMODEL PERMIT, UH, UH, REQUIREMENTS, THAT WAS A BIG DELAY BECAUSE I JUST HAD, YOU HAD TO PROVIDE A LOT MORE INFORMATION FOR THE REMODEL PERMIT RATHER THAN THE EXPRESS.
IF YOUR FLOOR PLAN IS STAYING THE SAME, IT'S A LOT MORE OF A STREAMLINED PROCESS.
AND THEN SECOND, UM, JUST MY PERSONAL SITUATION.
I MEAN, I CAN GIVE YOU A BUNCH OF EXCUSES, I FEEL LIKE, BUT THERE'S BEEN UNEMPLOYMENT STRETCHES, THERE'S BEEN MOVING SITUATIONS THAT CHANGED.
SO IT'S BEEN, YOU KNOW, A LITTLE BIT OF A MESS, BUT THAT, THAT CAUSED A DELAY TOO.
UH, THANK YOU FOR THAT, MR. BARNES.
UH, SO AT THIS TIME, I'LL, UH, ENTERTAIN MOTION TO CLOSE.
ANY REBUTTAL ON THAT FINAL, UH, TO THE FINAL SUMMARY? NO, NO REBUTTAL.
UH, DOES ANYBODY CARE TO MOVE TO VICE CHAIR? I MOVE TO CLOSE THE PUBLIC COURT OF HEARING.
WE HAVE A MOTION FROM THE VICE CHAIR TO CLOSE.
UH, THE PUBLIC PORTION OF THE HEARING IS CLOSED, AND WE'LL NOW ENTERTAIN A MOTION ON THE, ON THE RECOMMENDED ACTION.
IF, IF ANYBODY HAS ONE CHAIR, I'LL MAKE A MOTION.
UH, COMMISSIONER FRANCIS, I MOVE TO ADOPT, UH, STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSION OF LAW.
AND STAFF'S RECOMMENDED AN ORDER WITHIN THE FOLLOWING AMENDMENTS TO THE ORDER.
AND SECTION ONE, AMEND 45 TO 60 AND CHANGE ITEM
[01:10:01]
TWO TO THE 61ST DAY.SO, UH, UH, MOTION BY COMMISSIONER FRANCIS TO ADOPT, UH, STAFF'S PROPOSAL WITH, BUT TO CHANGE THE COMPLIANCE PERIOD IS 60 DAYS.
AND THAT IS SECONDED BY, UH, VICE CHAIR CAMPBELL.
AND SO LET ME DO THIS, UH, IN SIMILAR TO THE RECOMMENDATION THAT COUNSEL ED ADAM MADE EARLIER, UH, WHEN WE'RE EXTENDING TIME, UH, I THINK IT'S A GOOD IDEA TO, UH, EITHER INCORPORATE IN THE ORDER OR AT LEAST, UM, AT LEAST RAISE THE ISSUE OF, UM, OF MAKING, OF ENSURING THE, THE PROPERTY IS SECURED.
UH, AND SO I, I GUESS, UH, AND I HAVE TO APOLOGIZE, COUNSEL, YOU SPOKE WITH ME BRIEFLY.
UM, UH,
AND I BELIEVE INSPECTOR PATERNO HAD PROVIDED SOME, UH, SOME TESTIMONY TO THAT EFFECT.
AS PARTICULARLY, PARTICULARLY, EXCUSE ME, IN REGARDS TO THE WINDOWS, UH, WHERE IT DOES APPEAR THAT IT WAS BOARDED.
SO AT LEAST WE DO HAVE SOME, SOME TESTIMONY TO THAT EFFECT.
I, I, IT DOESN'T SOUND TO ME AS THOUGH, UH, AN AMENDMENT IS STRICTLY NECESSARY.
SO AT THIS TIME, UH, WE CAN HAVE DISCUSSION ON THE MOTION AND I'LL, UM, UH, I'LL RECOGNIZE, UH, COMMISSIONER FRANCIS AS AUTHOR OF THE MOTION IF YOU'D LIKE TO.
I DON'T HAVE ANY, NO DISCUSSION.
UH, SO THERE BEING NO DISCUSSION, I'LL JUST PUT THE QUESTION TO THE COMMISSION.
WE WILL DO A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
AYE, COMMISSIONER, SO CALL, YOU'RE MUTED.
AYE, COMM, UH, VICE CAMPBELL? AYE.
THERE BEING SIX AYES AND NO NAYS.
AND, UH, SO MR. BARNES, THE, A COPY OF TONIGHT'S ORDER WILL BE MAILED TO YOU, UH, AND, UH, IF YOU HAVE QUESTIONS ON FOLLOW UP OR COMPLIANCE, UH, JUST PLEASE REMAIN IN CONTACT WITH, UH, CODE INSPECTOR PATERNO.
AND WE THANK YOU FOR YOUR ATTENDANCE THIS EVENING.
AND SO WITH THAT, WE'LL, WE'LL TURN TO, UM, WELL, LEMME GET THE CITY'S ADVICE ON THIS.
SHOULD WE, UH, MR.
[7. Case Numbers: CL 2022-031841, CL 2022-031882, CL 2022-031885 and CL 2022-031896 (Part 2 of 2)]
ITEM SEVEN? YES, SIR.I DON'T, I, CAN I TAKE THAT OFF THE TABLE UNILATERALLY? OR DO WE ACTUALLY DOES THE MOTION TO UNT WE HAVE TO OKAY.
A MOTION TO REMOVE FROM THE, OKAY.
I'LL ENTERTAIN A MOTION CHAIR.
I MOVE TO UN TABLE ITEM SEVEN.
SO, UH, THE MOTION TO REMOVE ITEM SEVEN FROM THE TABLE BY COMMISSIONER FRANCIS.
SECONDED BY VICE CHAIR, UH, CAMPBELL, ALL IN FAVOR SAY AYE.
UH, ITEM SEVEN IS TAKEN OFF THE TABLE AND WE CAN, I BELIEVE WHERE WE LEFT OFF, UH, THE PROPERTY REPRESENTATIVE, MR. LADIA, WAS, UH, PATIENTLY WAITING FOR US TO GET HIS EXHIBITS ON THE SCREEN.
UH, ARE THESE THE EXHIBITS YOU, YOU WERE LOOKING FOR, SIR
AND I'M GONNA GO AHEAD, JUST IN AN ABUNDANCE OF CAUTION, THE, BECAUSE THE EXHIBITS TO WHICH I WAS REFERRING, I WAS OBVIOUSLY NOT LOOKING AT THE ONES THAT THE PROPERTY REPRESENTATIVE ACTUALLY PROVIDED.
SO ALTHOUGH THERE HAD BEEN A MOTION AND WE ADOPTED IT, I'M GONNA SEPARATELY, UH, ADMIT THESE EXHIBITS NOW THAT EVERYONE'S HAS THEM IN THEIR READER.
UH, AND IS THERE OBJECTION BY ADMITTING THE OWNER'S, THE OWNER'S EXHIBITS? UM, OKAY.
HEARING NONE, THESE EXHIBITS ARE ADMITTED.
AND THANK YOU FOR YOUR PATIENCE.
MY NAME IS CROSS LAVIA AND I WORK AS AN ASSET MANAGER FOR LEDGE CAPITAL, THE OWNER OF PALMS AND 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 THAT FIRST WENT BEFORE THIS COMMISSION ON MARCH 23RD, 2022.
SINCE LEDGE FIRST ACQUIRED PALMS AND LAMAR IN 2021, THE COMPANY HAS SPENT ALMOST $5 MILLION ON IMPROVEMENTS AT THE PROPERTY.
PALMS PROVIDES MUCH NEEDED AFFORDABLE HOUSING FOR THE RESIDENTS OF AUSTIN AND LEDGES COMMITTED TO PROVIDING A SAFE AND VIBRANT COMMUNITY FOR RESIDENTS TO CALL HOME SOME PHOTOS OF PALMS SHOWING THE RENOVATIONS COMPLETED BY LEDGE ARE PART OF THE EXHIBITS SUBMITTED FOR THIS HEARING.
THE FIRST ONE BEFORE YOU IS PAGE ONE.
AND IF WE CAN SCROLL TO PAGE TWO, SOME ADDITIONAL PHOTOS OF IMPROVEMENTS THAT ALLEGES MADE AT THE PROPERTY DURING THE MARCH 23RD HEARING.
[01:15:01]
THE CONCERN WAS CONVEYED ABOUT THE LACK OF, OF AVAILABLE TEMPORARY HOT WATER SHOWERS FOR RESIDENTS WHILE ALLEGED WORKED, WORKED ON RESTORING HOT WATER TO BUILDINGS A THROUGH D LEDGE, TOOK IMMEDIATE ACTION AND BEGAN PROVIDING HOT WATER SHOWERS VIA MOBILE WATER TRAILERS RECOMMENDED TO US BY THE COMMISSION AND CONFIRMED BY, UH, PRIOR TESTIMONY LEDGE INCURRED A COST TOTALING $61,502 AND 60 CENTS, PROVIDING TEMPORARY HOT WATER SHOWERS FROM APRIL 1ST, 2022 THROUGH SEPTEMBER 1ST, 2022.INVOICES FOR THOSE TEMPORARY HOT WATER SHOWERS ARE INCLUDED TOWARDS THE END OF THE EXHIBITS.
UH, AT THIS TIME, I'D LIKE TO REFER THE COMMISSION TO THE TIMELINE OF EVENTS THAT HAS ALSO BEEN SUBMITTED AND IS BEFORE YOU.
UH, IF YOU CAN ZOOM IN, UH, SO THAT THE COMMISSIONERS HAVE A BETTER VIEW.
AT THE TIME OF THE MARCH 23RD, 2022 HEARING, THE FULL SCOPE OF THE REPAIRS NEEDED TO RESTORE THE HOT WATER SUPPLY AND THE TIME REQUIRED TO DO SO, WERE NOT KNOWN DUE TO THE COMPLEXITY OF THE SITUATION WHICH WAS CONVEYED TO THE COMMISSION.
AT THAT TIME, HOT WATER AT BUILDINGS A THROUGH D, WHICH IS WHERE THE HOT WATER SUPPLY WAS NOT FUNCTIONING PROPERLY, WAS SERVED BY TWO LARGE BOILERS, SEVERAL STORAGE TANKS, AND AN EXTENSIVE NETWORK OF, OF ORIGINAL COPPER PIPES THAT DISTRIBUTED HOT WATER TO THE UNITS IN BUILDINGS A THROUGH DA WEEK PRIOR TO THE HEARING.
ON MARCH 15TH, LEDGE HAD RECEIVED A REPORT FROM
A COPY OF THAT REPORT IS ALSO PART OF THE EXHIBITS.
GIVEN THE RECOMMENDATION OF REPLACING THE ENTIRE HOT WATER DISTRIBUTION SYSTEM, THERE IS NO WAY ALLEGED COULD COMMIT TO A TIMEFRAME FOR COMPLETING REPAIRS UNTIL WE ENGAGE WITH CONTRACTORS TO UNDERSTAND THE FULL SCOPE AND TIMELINE FOR SUCH AN EXTENSIVE PROJECT.
THIS WAS CONVEYED TO THE COMMISSION DURING THE 20, THE MARCH 23RD HEARING.
UPON RECEIVING HOLLINGWORTH REPORT, HOLLINGWORTH REPORT ALLEGED IMMEDIATELY ENGAGED THEM TO COMPLETE HOT WATER SYSTEM DESIGN DRAWINGS FOR ALLEGED TO SUBMIT TO CONTRACTORS FOR BIDS.
THE DESIGN DRAWINGS WERE RECEIVED ON APRIL 7TH AND INDICATED ALMOST ONE MILE WORTH OF PIPING WOULD HAVE TO BE REPLACED.
GIVEN THE SCOPE OF WORK NEEDED TO RESTORE THE HOT WATER AT THE PROPERTY, THERE WAS NO WAY THE REPAIRS COULD HAVE BEEN COMPLETED BY THE MAY 1ST DEADLINE IMPOSED BY THE COMMISSION.
THE TIMELINE FURTHER DEMONSTRATES ALLEGES DILIGENT EFFORTS TO ENGAGE CONTRACTORS TO COMPLETE THE REPAIRS AS QUICKLY AS POSSIBLE.
UPON RECEIPT OF THE DRAWINGS ON APRIL 7TH, WE IMMEDIATELY CONTACTED THREE CONTRACTORS FOR BIDS.
ALTHOUGH THE CONTRACTORS WE ENGAGED WITH WERE MADE AWARE OF THE URGENCY FOR COMPLETING THE REPAIRS THAT WERE SLOW TO RESPOND, INITIAL PROPOSALS WEREN'T RECEIVED FROM CONTRACTORS UNTIL APRIL 29TH, 2022, BUT THE COST RANGING FROM 700,000 TO 2.2 4,000,003 TO FOUR MONTHS TO COMPLETE THE REPAIRS.
UPON RECEIPT OF THE INITIAL PROPOSALS, WE IMMEDIATELY REENGAGED WITH THE CONTRACTORS WITH THE LIST OF QUESTIONS TO MAKE SURE THE BIDS WERE IN APPLES TO APPLES COMPARISON.
WE DIDN'T RECEIVE THE REVISED PROPOSALS UNTIL MAY 13TH, 2022.
WE REVIEWED THE REVISED PROPOSALS, NOTIFIED CAMP CONSTRUCTION SERVICES THAT THEY WERE AWARDED THE PROJECT AND REQUESTED THEIR CONTRACT FOR OUR REVIEW.
IT WAS ANOTHER TWO AND A HALF WEEKS UNTIL WE RECEIVED THEIR CONTRACT ON JUNE 1ST, FIRST 2022 LEDGE WORKED EXPEDITIOUSLY TO REVIEW AND EXECUTE CON CAMP'S CONTRACT, BUT WE DID NOT RECEIVE A SIGNED CONTRACT FROM CAMP UNTIL FRIDAY, JUNE 10TH.
WE EXECUTED THE CONTRACT IMMEDIATELY THE FOLLOWING MONDAY ON JUNE 13TH AND STARTED THE REPAIRS ON JUNE 15TH.
THE REPAIRS WERE COMPLETED ON AUGUST 31ST AND VERI VERIFIED ON SEPTEMBER 2ND BY AUSTIN CO CODE ENFORCEMENT OFFICER MARISOL LARA.
THE TOTAL COST FOR THE REPAIRS, INCLUDING CHANGE ORDERS, WAS $693,889 AND 72 CENTS.
A COPY OF THE CONTRACT AND CHANGE ORDERS ARE ALSO PART OF THE EXHIBITS.
GIVEN THE SIZE, SCOPE, AND COST OF THE REPAIRS FOR RESTORING HOT WATER AT PALMS, WE BELIEVE A MONTH'S TIMELINE TO COMPLETE THE PROJECT WAS COMPLETELY UNREALISTIC.
DURING THE MARCH 23RD HEARING, WE ASKED THE COMMISSION TO PLEASE WORK WITH US ON A REALISTIC TIMELINE AS WE OURSELVES WERE WORKING THROUGH THE DETAILS OF WHAT NEEDED TO BE DONE TO RESTORE HOT WATER AT PALMS AND THE TIME TO DO SO.
UNFORTUNATELY, THE COMMISSION MANDATED A MONTH TO COMPLETE THE REPAIRS, AND WE HAVE BEEN FINED FINDS THAT WE HAVE RECEIVED A TOTAL $163,987 AND 20 CENTS FOR THE MONTHS IT TOOK TO COMPLETE THE REPAIRS AFTER MAY 1ST, 2022.
GIVEN PRIOR TESTIMONY FROM THE CITY, IT SEEMS THOSE FINES HAVE INCREASED, UH, GIVEN THE CIRCUMSTANCES AND FACTS I HAVE PREVIOUSLY DESCRIBED.
WE ARE REQUESTING THAT THE COMMISSION WAIVE THE PENALTIES FOR NON-COMPLIANCE
[01:20:01]
RESULTING FROM THE HOT WATER SUPPLY DISRUPTIONS AT PALMS. AND LAMAR ALLEGED DID EVERYTHING IN ITS POWER TO RESTORE HOT WATER AS SOON AS POSSIBLE AT PALMS. WHILE WE ALSO PROVIDED HOT WATER SHOWER FACILITIES FOR RESIDENTS WHILE THE WORK WAS BEING COMPLETED A MONTH'S TIME TO COMPLETE THE HOT WATER SYSTEM REPAIRS WAS SIMPLY UNREALISTIC.WE BELIEVE IT'S UNFAIR TO IN ASSESS NORTH OF 106,000 $160,000 WORTH OF FINES FOR NOT BEING ABLE TO MEET AN UNACHIEVABLE AND UNREALISTIC DEADLINE.
THANK YOU FOR YOUR TIME AND CONSIDERATION FOR YOUR, UH, OUR REQUEST.
AND, UH, UH, SO INSPECTOR VALDERRAMA, DO YOU HAVE ANY QUESTIONS, UH, FOR THE PROPERTY REPRESENTATIVE? WELL, I GOT SOME COMMENTS WELL, BEFORE WE BROUGHT THIS CASE TO VSC.
THE COMPLEX WAS WITHOUT WATER FOR ALMOST A MONTH AND A HALF.
THEY'RE TRYING TO FIX IT, FIX IT, UNLESS WE BROUGHT IT TO THE VSC, THEY DIDN'T TAKE CARE OF, OF THE HOT WATER ISSUE.
WE GOT A LOT OF EIGHT 30 PEOPLE AND KIDS IN THE PROPERTY THAT WASN'T ABLE TO DO A SHOWER OR NOTHING.
AND, UM, I THINK, UM, THEY GOT IT A MONTH AND HAVE, WE HAD NO HOT WATER BEFORE WE ENFORCED THE BAC.
AND I UNDERSTAND IT WAS WINTER TIME AT THAT TIME.
AND LIKE I SAID, EVERYBODY'S CALLING ME.
I, THEY GOT MORE THAN A HUNDRED CASES ON THIS PROPERTY FOR NOT HOT WATER THAT WE WERE COMBINE THEM AS BUILDING A, B, AND C.
BUT MY RECORDS WERE MORE THAN A HUNDRED CASES, EVERYBODY CALLING EVERY DAY.
I DON'T HAVE HOT WATER BEFORE WE TOOK IT TO BSC.
AND, UM, IT WAS WINTER TIME AND NO HOT WATER, NO HEAT.
AND, UM, AFTER THAT, UM, I KNOW IT TOOK THEM ALMOST A MONTH TO BRING THE SHOWERS FOR PEOPLE TO HAVE HOT WATER AS THEY WOULD WEEKEND TO PAC.
IT TOOK THEM ALMOST A MONTH TO BRING THE SHOWER BECAUSE THEY HAD TO BRING HER FROM SAN ANTONIO AND FROM MY UNDERSTANDING, AND BY THE TIME THEY GOT THE PERMIT AND EVERYTHING INSTALLED, IT, UH, I KNOW PEOPLE SUFFER FOR HOT WATER.
THEY COULDN'T DO THE TEACHERS, THEY COULDN'T DO IT BAD.
EVERYBODY WERE, MOST OF THE PEOPLE THAT LIVE THERE ARE DIRTY PEOPLE, HANDICAPPED AND CONSTRUCTION WORKERS.
AND, UH, I HAVE TO PULL, PUT A POINT THAT THE FIRST PICTURES THAT HE PRESENT, THE, THAT'S NOT THE WAY THE PROPERTY LOOKS IS IT'S IMPOSSIBLE THAT THE PROPERTY LOOK LIKE THAT BECAUSE I GO THERE EVERY DAY.
AND, UM, 'CAUSE AFTER THAT, I THINK AFTER THEY FIX ALL THE HOT WATER ISSUES, THEY HAVE TO REPLACE THE BOILER BECAUSE THEY, EVEN, THEY DID THE WATER PIPES, THE BOILER SHUT DOWN, AND THE PEOPLE HAD ABOUT ABOUT THREE MORE WEEKS WITH NOT HOT WATER.
UH, SO THE, DO MY FELLOW COMMISSIONERS HAVE ANY QUESTIONS FOR EITHER THE PROPERTY REPRESENTATIVE OR, UH, UH, THE CODE OFFICIALS COMMISSIONER FRANCIS? OH, I TRYING TO LIGHT, BUT EXCUSE, DO I HAVE A CHANCE TO RESPOND TO? YEAH, I'LL, I'M I'LL, I'LL ENSURE THAT YOU HAVE AN OPPORTUNITY FOR SUMMATION.
JUST THAT'S, THAT'S NORMAL BEFORE CLOSING THE PUBLIC PORTION.
SO, UM, OF COURSE, UH, BUT I'M NOT HEARING ANY OTHER QUESTIONS, SO YEAH, WHY DON'T YOU GO AHEAD AND DO THAT NOW IF YOU'D LIKE.
UM, SO PALMVILLE LAMAR HAS 476 UNITS ACROSS NINE BUILDINGS THAT ARE SERVED BY A TOTAL OF SIX BOILERS.
UH, THESE FOUR BUILDINGS PARTICULAR SERVE ABOUT 160 UNITS.
WE WERE AWARE OF THE HOT WATER SU, UH, SUPPLY ISSUES AND DISRUPTIONS, BUT TRYING TO IDENTIFY THE CAUSE OF THAT PROBLEM TOOK SOME TIME.
INITIALLY WE THOUGHT IT WAS THE BOILERS THAT HAD FAILED, AND THAT'S WHY WE ENGAGED ONWARD PAC TO DO THEIR, UH, INVESTIGATION.
IT WAS, WHEN WE RECEIVED THAT, THE REPORT ON MARCH 15TH, WE REALIZED THAT IT WASN'T NECESSARILY THE BOILERS, IT IS ACTUALLY THE ORIGINAL COPPER PIPING THAT WAS FAILING DUE TO THE DESALINATION THAT OCCURS WHEN THE HOT WATER IS SUPPLIED TO THE UNITS.
UH, SO WE, WE UNDERSTAND THE CONCERNS OF THE, OF THE CITY AND THE, AND THE RESIDENTS, AND WE DID EVERYTHING WE COULD TO TRY TO IDENTIFY THE SOURCE AND CAUSE OF THE PROBLEM.
BUT JUST GIVEN THE SIZE OF THE PROPERTY AND THE COMPLEXITY OF THE HOT WATER SUPPLY SYSTEM, IT TOOK MUCH LONGER THAN ANYONE WOULD'VE LIKED.
[01:25:01]
UH, THE WOMAN THAT GAVE HER TESTIMONY IS, IS CORRECT.THE, THE PROPERTY DID NOT LOOK LIKE THE PICTURES I PRESENTED TWO AND A HALF YEARS AGO.
THAT IS WHAT THE PROPERTY LOOKS LIKE NOW.
THE COMPANY IS COMMITTED TO PROVIDING AFFORDABLE HOUSING, A CLEAN, SAFE, VIBRANT COMMUNITY FOR RESIDENTS OF AUSTIN.
WE ALSO OWN ANOTHER AFFORDABLE HOUSING, UH, PROPERTY IN AUSTIN CALLED WALNUT CREEK.
UM, AND WE'RE DEDICATED TO, TO PROVIDING AFFORDABLE HOUSING THAT IS SAFE, THAT'S VIBRANT, THAT LOOKS NICE, THAT PEOPLE WANNA CALL HOME.
BUT UNFORTUNATELY, AT THAT TIME, WE, GIVEN THE COMPLEXITY OF THE SYSTEM, IT WASN'T AS EASY AS IDENTIFYING THE, THE ROOT CAUSE WITHIN A 30 OR 60 DAY TIMEFRAME.
BUT EVENTUALLY, IN SUMMARY THOUGH, WE DID IDENTIFY THE ROOT CAUSE.
WE MOVED AS QUICKLY AS POSSIBLE WITH CONSTRAINTS ON THE SIDE OF THE CONTRACTORS RESPONDING TO OUR REQUEST FOR INFORMATION, CONTRACTS, PROPOSALS, ET CETERA.
UM, BUT WE, WE DID, UH, SOLVE THE PROBLEM.
AND THE, THE LAST COMMENT I'LL MAKE IS THAT WE RECOGNIZE THAT THERE WASN'T ENOUGH TEMPORARY SHOWERS PROVIDED AT THE UNITS.
THE, THE PROPERTY ONLY HAS A HANDFUL OF VACANT UNITS THAT WE COULD GIVE TO RESIDENTS TO, TO SHOWER.
AND SO THE DEMAND FOR THOSE UNIT VACANT UNITS WAS OVERWHELMING AND WE COULDN'T SUPPLY THE TEMPORARY SHOWER.
SO DURING THE COMMISSION HEARING ON MARCH 23RD, 2022 IS WHEN WE WERE FORMED ABOUT MOBILE TRAILERS THAT WE COULD UTILIZE TO PROVIDE THOSE TEMPORARY HOT WATER SHOWERS.
AND WHEN THAT WAS RECOMMENDED TO US, WE MOVED IMMEDIATELY TO BRING THOSE ON SITE AND PROVIDE THOSE THROUGHOUT THE DURATION OF THE WORK.
UH, IF, DOES ANYBODY HAVE ANY QUESTIONS IN LIGHT OF OKAY, COMMISSIONER SLUGO, JUST TO MAKE SURE WE'RE ALL ON THE, ON THE SAME PAGE.
HOW LONG HAS, UH, HAS YOUR COMPANY OWNED THIS PROPERTY FOR AND HOW LONG FROM START TO FINISH DID IT TAKE TO FIX THIS PROBLEM? WE ACQUIRED THE PROPERTY IN MARCH OF 2021.
UH, WE STARTED INCURRING HOT WATER SUPPLY DISRUPTIONS IN JANUARY OF 2022.
AND THEN, AS I TESTIFIED EARLIER, WE IDENTIFIED THE SOURCE OF THE PROBLEM IN MARCH OF 2022, AND IT TOOK APPROXIMATELY FIVE MONTHS TO FIX THE PROBLEM AT A COST OF OVER $700,000.
UM, ALSO WANNA REITERATE THAT WE HAD TO RETRENCH ALMOST A MILE WORTH OF PIPING, AND IT'S NOT A SINGLE STRAIGHT LINE.
IT'S MULTIPLE PIPES RUNNING THROUGHOUT THE PROPERTY SERVICING DIFFERENT BUILDINGS.
SO THE COMPLEXITY AND THE SCOPE OF THE PROJECT WAS NOT KNOWN UNTIL IT WAS KNOWN BY HOLSWORTH ENGINEERING.
AND SO WE MOVED AS QUICKLY AS POSSIBLE TO, TO FIX THAT ISSUE.
UM, IN ADDITION TO THAT, WE HAVE SINCE REPLACED THE BOILERS ON SITE TO ENSURE THAT THIS TYPE OF DISRUPTION DOESN'T OCCUR AGAIN IN THE FUTURE.
UH, COMMISSIONER, ANY, ANY FOLLOW UP ON THAT OR? NOT AT THE MOMENT.
UH, DOES ANYBODY, UH, CARE TO MOVE TO CLOSE? UM, MR. CLOSE VICE, UH, VICE CHAIR MOVES TO CLOSE THE PUBLIC PORTION OF THE HEARING.
UH, SECONDED BY COMMISSIONER FRANCIS.
SO, UH, SIR, WHAT THIS MEANS, I'D ASK THAT YOU REMAIN, SEE WE'RE, WE DON'T REQUIRE ANY FURTHER AFFIRMATIVE TESTIMONY FROM YOU, BUT WE MIGHT HAVE ADDITIONAL QUESTIONS.
SO, UH, IF YOU JUST WANNA STAY BY THE MIC.
UM, BUT SO AT THIS POINT, I WILL ENTERTAIN, UH, MOTIONS ON THE PROPOSED ACTION.
UH, AS A REMINDER, THIS ONE IS, UH, BEFORE US, UH, ON PENALTY RELIEF.
SO IT'S A, IT'S A, AN UNUSUAL POSTURE.
BASICALLY, THE CITY IS JUST ASKING THAT WE AFFIRM THE PREVIOUSLY ENTERED ORDERS.
AND, UH, AS A REMINDER, WE, WE WON'T, WE WON'T, UH, WE WON'T COMMENCE DISCUSSION UNTIL THERE'S A MOTION TO DISCUSS.
SO, UM, COMM UH, VICE CHAIR, UH, IN PART, JUST FOR THE SAKE OF ALLOWING CONVERSATION, I WILL MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THAT CIVIL PENALTY BE REDUCED TO $20,000, UM, WITH THE, UH, STIPULATION
[01:30:01]
IN THE RECOMMENDED ORDER THAT ON THE 31ST DAY FROM THE DATE THEY ARE MODIFIED ORDER IS MAILED, IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL, WE INSTATE THE UNPAID PORTION OF THE ORIGINAL COMBINED PENALTY.UM, INTEREST SHALL ACCRUE FROM THEN ON.
THANK YOU VICE CHAIR COMMISSIONERS.
SO WE DO HAVE A SECONDED MOTION.
THE MOTION IS BY, UH, VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER FRANCIS AND WOULD ADOPT STAFF FINDINGS OF FACT, CONCLUSIONS OF LAW AND AFFIRM OTHER, EXCEPT THAT THE, UM, THE CURRENT TOTAL COMBINED TOTAL WOULD BE REDUCED FROM 168,000 AND CHANGE TO 20,000 CHANGES THEIR DISCUSSION ON THAT MOTION.
I'LL BEGIN WITH VICE CHAIR, OBVIOUSLY SINCE AS THE AUTHOR OF THE MOTION.
UH, SO AGAIN, I, I IN PART I JUST WANT TO PUT THIS MOTION OUT THERE SO WE CAN HAVE A BIT OF A DISCUSSION ABOUT THIS BECAUSE WE OFTEN DO ABOUT THESE PENALTY RELIEF CASES.
UM, JUST IN LIGHT OF THE TESTIMONY THAT'S BEEN GIVEN, YOU KNOW, IT, IT SEEMS LIKE THE PROPERTY OWNERS DID MOVE REASONABLY QUICKLY TOWARDS RESOLVING THE ISSUE.
UM, YOU KNOW, UH, GET GETTING SUCH EXTENSIVE REPAIRS OF A WATER SYSTEM DURING, UH, YOU KNOW, EIGHT MONTHS.
THAT SEEMS REASONABLE PERHAPS FROM A LAY PERSON'S OPINION, BUT, UM, IT DOESN'T SEEM LIKE THERE WAS UNDUE WEIGHT.
UM, SO I, I, I'M CERTAINLY, UH, SYMPATHETIC TO PENALTY RELIEF, BUT AT THE SAME TIME, WE'VE TALKED ABOUT THIS MANY TIMES THAT THE CITY HAS, UH, CERTAIN COSTS AND HIGH COMPLEXITY CASES LIKE THIS.
I BELIEVE THAT IT WAS TESTIFIED THAT THIS WAS A HIGH COMPLEXITY CASE.
UM, AND I, I WOULD ACTUALLY JUST LIKE TO ASK, UH, DIVISION MANAGER ROBERT MOORE TO, UM, REMIND US, UM, FROM THE PRESENTATION THAT WE WERE GIVEN ABOUT, UM, THE CITY'S KIND OF COSTS, WHAT THE TYPICAL COST OF ONE OF THESE HIGH COMPLEXITY CASES, UH, IS HELLO, DIVISION MANAGER ROBERT MOORE.
YEAH, IT'S AROUND THE 12 TO 15,000, UH, RANGE, IS WHAT WE'VE COME UP WITH.
AND THAT'S BASELINE, THAT'S JUST SOMETHING WE KNOW WE, WE'VE HAD, WE'VE GOT IN IT BASICALLY.
BUT AS YOU, YOU CAN HEAR FROM HER TESTIMONY, I MEAN, HUNDREDS OF PEOPLE CALLING IT DEFINITELY CRANKS IT UP EVEN ABOVE THAT, I WOULD THINK ON THIS ONE.
IT'S KIND OF MORE OF AN ANOMALY SITUATION.
AND, UM, THAT, THAT'S PART OF THE REASON WHY I, I, I THOUGHT THAT WAS ABOUT WHERE WE WERE.
SO, UM, THAT'S PART OF THE REASON WHY I DIDN'T GO QUITE DOWN TO THAT, UH, 12 TO $15,000 LEVEL, JUST BECAUSE, UH, I MEAN, IN PART IT'S SEVERAL BUILDINGS, UM, RATHER THAN ONE.
AND, UM, SO I IMAGINE THIS IS ON THE HIGHER END YEAH.
OF EVEN, UM, THAT HIGH COMPLEXITY, UH, CASE, YOU KNOW, DEMOGRAPHIC.
UM, SO WITH THAT, I, I'LL INVITE ANY OTHER DISCUSSION ON THE, ON THE MOTION.
AND I BELIEVE COMMISSIONER SHUGAR SOUGHT RECOGNITION.
I THINK GENERALLY THE COMMISSION KNOWS WHERE I STAND MOSTLY ON PENALTY RELIEF.
UM, SPECIFICALLY FOR SOMETHING LIKE THIS WITH HOT WATER BEING LOST IS PRETTY IMPACTFUL TO THE PEOPLE THAT WERE LIVING THERE.
UM, I WOULD SAY MAYBE THE PROPERTY OWNER WORKED QUICKLY, BUT YOU KNOW, WE HAVE THE INITIAL COMPLAINT ON FEBRUARY 5TH OF NO HOT WATER, AND IT TOOK UNTIL APRIL 1ST.
SO WHAT, SIX WEEKS TO ACTUALLY GET TEMPORARY SHOWERS FOR PEOPLE TO USE.
UM, IT SEEMS LIKE THE PROPERTY OWNER MAYBE ONLY DID THAT BECAUSE IT CAME TO THE COMMISSION.
THEY WERE FORCED TO DO THAT AND NOT REALLY ANY OTHER REASON.
UH, TO MY MIND, 20,000 IS, I MEAN, THAT'S A STEAL FOR THE PROPERTY OWNER.
UM, NOT GOOD WITH THAT NUMBER.
I THINK HIRE IS DEFINITELY, UH, WARRANTED IN A CASE LIKE THIS WHERE WE HAVE, WHO KNOWS HOW MANY COMPLAINTS COMING INTO THE CITY.
THERE'S PROBABLY BEEN A LOT OF TIME, AND THERE ARE PROBABLY A LOT OF PEOPLE LEFT, YOU KNOW, LITERALLY IN THE COLD.
THANK YOU, COMMISSIONER SUGAR, COMMISSIONER OLUGO.
IN MY ATTEMPT FOR SY SYSTEMATIC DECISION MAKING, I'VE ATTEMPTED TO BUILD A FRAMEWORK TO MAKE THESE KIND OF DECISIONS, BUT I'M AFRAID THAT, I GUESS, UH, NO FRAMEWORK I'VE SO FAR HAS, UH, COVERED EVERYTHING YET.
'CAUSE I THINK THIS, THIS CASE, UH, HAS MORE COMPLEXITIES.
UH, 'CAUSE I WOULD AGREE WITH COMMISSIONER, VICE-CHAIR APOLOGIZE KIM BELL IN THAT I THINK THE SORT OF THE, UH, POST APRIL, POST MARCH PERIOD, THE PERIOD OF ACTUAL FIXING, UH, FIVE MONTH TO PREPARE PERIOD, IT SEEMS REASONABLE TO ME FOR THIS KIND OF MASSIVE ENDEAVOR.
UM, BUT I WOULD SAY THE FIRST TWO MONTHS, UH, 60 DAYS FOR ROOT CAUSE ANALYSIS TO ME DOES NOT END IN SIGNIFICANT SIX WEEKS IN ORDER TO GET THE, THE SHOWERS TO MEET UP DOESN'T
[01:35:01]
SPEAK OF THE KIND OF URGENCY THAT I WOULD, I, I WOULD HAVE IF I WERE, WERE MYSELF TRYING TO FIX THIS PROBLEM.IF A CONTRACT IS NOT GETTING BACK TO YOU, EITHER CALL THEM 20 TIMES UNTIL THEY GET ANNOYED AND RESPOND TO YOU OR YOU FIND SOMEBODY ELSE.
AND SO I WOULD SAY IF, IF THEY HAD SHOWN THE SAME URGENCY IN THOSE FIRST TWO MONTHS, OR THEY SHOWN IN THE LATTER FIVE MONTHS, I THINK I WOULD BE HAPPY WITH 20 K.
MAYBE, MAYBE, UH, COMMISSIONER SUGAR WOULD NOT BE.
BUT I THINK 20 K TO ME IS, IS NOT ALIGNED WITH THE SORT OF, THE KIND OF FAILURES THAT I'VE, AT LEAST I'VE SEEN IN THE FIRST TWO MONTH PERIOD.
SO I THINK SOME MARGINAL AMOUNTS OR NON TRIVIALLY, BUT YOU KNOW, NOTHING SIGNIFICANTLY MORE, UH, THAN 20 KI THINK WOULD BE REASONABLE TO ME TO BOTH BALANCE OUT THE FACT THAT A FIVE MONTH REPAIR, REPAIR PERIOD FOR A MASSIVE REWORKING IS MEANINGFUL.
BUT THERE WERE SIGNIFICANT FAILURES DURING THE FIRST HALF, UH, OF THIS DURING A VERY SORT OF CRITICAL ERROR PERIOD.
SO I WOULD PROPOSE SOMETHING IN THE 30 TO $40,000 RANGE AS A SORT OF COMPROMISE AND BALANCE AS BOTH OF THOSE SIDES.
UM, THAT WOULD BE SORT OF WHERE I WOULD STAND.
UH, AND I BELIEVE I SAW COMMISSIONER SOCAL.
UM, I DID HAVE A QUESTION FOR THE PROPERTY, YOUR HONOR.
IS THAT OKAY FOR ME TO, TO DO THAT RIGHT NOW? YEAH, SURE.
EVEN, UH, THE WAY IT USUALLY WORKS IS, UH, WHEN WE CLOSE THE PUBLIC PORTION, UH, THE, THERE'S NO FURTHER SORT OF AFFIRMATIVE TESTIMONY FROM THE OWNER REPRESENTATIVE, BUT, UH, WE CAN STILL POSE.
I WAS HOPING FOR A LITTLE BIT OF CLARIFICATION.
IN TERMS OF THE, THE TEMPORARY UNITS, SO THE SHOWER UNITS THAT WERE PROVIDED, UM, I KNOW IT TOOK ABOUT, I THINK YOU SAID FOUR TO SIX WEEKS TO GET THOSE IN PLACE.
WERE THOSE MEETING THE DEMANDS OF THE RESIDENTS AFTER THAT TIME? OR IS IT MY UNDERSTANDING THAT THERE WERE ADDITIONAL CALLS TO THE CITY BECAUSE THOSE WERE SO OVERUSED OR THERE WERE SO MANY PEOPLE TRYING TO, TO GET ACCESS TO THEM? NO, ONCE WE, UH, PROVIDED THE TEMPORARY HOT WATER SHOWER FACILITIES VIA THE TRAILERS, UH, ALL THE DEMANDS WERE MET.
UM, I'LL ACKNOWLEDGE WE TRIED TO MEET THAT DEMAND USING BAKING UNITS AND OBVIOUSLY THAT DEMAND WASN'T MET GIVEN THE NUMBER OF CALLS THAT THE CITY RECEIVED.
UH, REALISTICALLY, WE, WE WEREN'T AWARE THAT HOT WATER SHOWER FACILITIES VIA TRAILERS WERE AVAILABLE AS A SOLUTION UNTIL THE COMMISSION BROUGHT IT TO OUR ATTENTION.
AND AS SOON AS THAT WAS BROUGHT TO OUR ATTENTION, WE, WE MOVED EXPEDITIOUSLY TO, TO GET THOSE ON SITE.
IS THAT ALL, UH, COMMISSIONER SOCAL OR DO YOU HAVE ADDITIONAL, THAT'S ALL.
SO JUST SORT OF TO SUMMARIZE WHERE WE ARE, AND JUST FOR THE RECORD, UH, COMMISSIONER OLUGO IS PRESENT, UH, ALTHOUGH HE'S NOT SEATED AT THE DA OF THE MOMENT, UH, BUT WE DO HAVE QUORUM.
AND SO, UM, TO SUMMARIZE WHERE WE ARE, WE HAVE, WE HAVE A PENDING MOTION BEFORE US.
IT'S A, A MOTION BY VICE CHAIR CAMPBELL, UH, SECONDED BY COMMISSIONER FRANCIS THAT WOULD REDUCE THE PENALTY TO, UH, 20,000.
UH, THE, UM, WE HAVE REMARKS FROM TWO COMMISSIONERS, COMMISSIONER SHUGART AND OS LIGO TO SUGGEST THAT, UH, THAT FEELS A LITTLE LEAN TO THEM IF I'M READING THE ROOM RIGHT.
IT SOUNDS LIKE THAT THAT MOTION WOULD STRUGGLE TO GAIN, UM, TO GAIN UNI UNANIMOUS SUPPORT, WHICH IS, YOU KNOW, OBVIOUSLY WE'RE SITTING AT A BARE QUORUM.
SO I GUESS AT THIS POINT, IF IT'S A, IF IT'S A DIFFERENT SPLITTER, YOU KNOW, IN OTHER WORDS, I, I DON'T, I'M NOT HEARING FROM WHAT, FROM ANYBODY WHO'S MADE ANY COMMENT SO FAR, UH, AN APPETITE TO SORT OF REJECT THE APPEAL ALTOGETHER, JUST CATEGORICALLY.
UM, SO I, I WOULD ENTERTAIN A MOTION FOR AN AMENDMENT TO THE DOLLAR VALUE.
IT LOOKS LIKE COMMISSIONER OLUGO, I'LL TRY TO IN, IN, IN AN ATTEMPT TO READ THE ROOM OF ALL THE OTHER COMMISSIONERS.
'CAUSE I THINK I, I AM PLUS POTENTIALLY THE SORT OF SECOND FRIENDLIEST TO THE APPEAL IN THE ROOM.
I WILL, UM, SEND FRIENDLY AMENDMENT TO VICE CHAIR CAMPBELL'S MOTION TO, UM, CHANGE THE, UM, THE FEE AMOUNTS FROM $20,000 TO $35,000.
I'LL ACCEPT THAT FRIENDLY AMENDMENT.
SO, UH, THE AMENDMENT IS ACCEPTABLE TO THE AUTHOR.
UH, AND AGAIN, I THINK FOR THE FIRST SAKE OF, AND, AND COUNSEL, CORRECT ME IF I'M WRONG, I THINK FOR SAKE OF A CLEAN RECORD, WE SHOULD ACTUALLY VOTE ON THE AMENDMENT AND THEN THAT WILL BE INCORPORATED INTO THE, THE PROPOSED ORDER, AND THEN, THEN WE GO BACK TO THE MAIN MOTION AND VOTE ON THAT.
IS THAT RIGHT? SO THE, AND I'M JUST GOING TO RESTATE SO THAT WE CAN WALK THROUGH THIS.
SO THE ORIGINAL MOTION WAS TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TO REDUCE THE, UH, TOTAL PENALTY AMOUNT TO $20,000.
[01:40:01]
AND THEN OF COURSE, THE 30 DAYS TO PAY, AND THEN OF COURSE THE 31ST DAY.AND OF COURSE, I'M, I'M VERY MUCH ABBREVIATING THINGS, YOUR HONOR.
UM, WE THEN HAD A FRIENDLY AMENDMENT PROPOSED BY COMMISSIONER OLUGO, UH, TO INCREASE THE REDUCTION FROM 20,000 UP TO 35,000 THAT WAS THEN ACCEPTED, CORRECT? YES.
AND THEN, AND THEN ONE MORE TIME, YOUR, YOUR QUESTION CHAIR.
SO, SO MY QUESTION IS, AND SO MY EXPERIENCE COMES FROM, FOR EXAMPLE, SECOND READING FLOOR AMENDMENTS OF THE LEGISLATURE.
YOU KNOW, THE AMENDMENTS ARE PROPOSED, THE BODY VOTES ON WHETHER THOSE AMENDMENTS BECOME PART OF THE PENDING MOTION, BECAUSE THE PENDING MOTION SORT OF NO LONGER BELONGS TO THE AUTHOR ONCE IT'S BEEN MADE AND SECONDED.
YOU KNOW, AND SO, SO I THINK FOR SAKE OF A CLEAN RECORD, WE SHOULD TAKE A VOTE ON WHETHER, UH, COMMISSIONER, OTA LUGO'S AMENDMENT WILL BE ADDED TO THE MAIN MOTION, AND THEN WE CAN VOTE ON THE MOTION.
SO WE NEED TWO MORE VOTES AT THIS POINT, AT AT LEAST.
I DON'T, I DON'T SEE AN ISSUE WITH THAT CHAIR.
I BELIEVE THOSE ARE BYLAWS OF, UH, THE LEGISLATURE.
I NOT ACTUALLY BELONGING TO ROBERT WOODS OF ORDER.
I'M NOT
I JUST, FOR SAKE OF A CLEAN RECORD, I, I, I, MY, MY SENSE IS THAT IN ROBERT'S RULES, IT'S CONSIDERED BETTER TO, TO GO AHEAD AND, BUT I, I, YOU KNOW, I DON'T, I DON'T KNOW THAT IT, THE CHAIR, I DON'T KNOW THAT IT MATTERS, BUT IT, IT'LL BE A GOOD, IT'LL BE TECHNICALLY, AS LONG AS THE FRIENDLY AMENDMENT HAS BEEN ACCEPTED, IT CAN BE VOTED UPON.
UM, BUT I WOULD SAY TECHNICALLY YOU DO HAVE SOME DISCRETION, SOME LATITUDE, UM, AS FAR AS BEING THE PRESIDING OFFICER.
AND SO, YOU KNOW, IF YOU, AS LONG AS WE HAVE A CLEAN RECORD AND IT'S UNDERSTOOD, THEN I, I, THAT'S WHAT I MEAN BY I DON'T SEE AN ISSUE THAT MAKES PERFECT SENSE.
WELL, LET, LET'S, LET'S JUST, LET'S JUST GO AHEAD AND DO IT.
LET'S SEE HOW THE BODY FEELS ABOUT THE NUMBER.
SO THIS VOTE WILL BE, UH, ON, ON THE AMENDMENT, UH, TO THE, TO THE MAIN MOTION.
AND SO, UH, IS IT, UH, SO THE QUESTION OCCURS WHETHER IT IS ACCEPTABLE TO THE BODY TO, UH, TO INCORPORATE THE AMENDMENT BY COMMISSIONER SLUGO ACCEPTABLE TO THE AUTHOR VICE CAMPBELL THAT WOULD INCREASE FROM 20,000 TO 35,000, UH, THE PENALTY, BUT OTHERWISE, IN ALL RESPECTS, CONFORM TO THE PROPOSED ORDER.
AND I'LL MAKE IT A ROLL CALL VOTE.
AND I'LL START WITH COMMISSIONER SOCAL.
AYE, UH, COMMISSIONER SHUGART AYE.
COMMISSIONER SHUGART VOTES? AYE.
COMMISSIONER OLUGO? AYE, UH, COMMISSIONER FRANCIS? YES.
COMMISSIONER, UH, VICE CAMPBELL AYE.
AND, UH, CHAIR, UM, IS PRESENT NON-VOTING AND, UH, WELL, NO, WE, WE NEED IT FOR QUORUM.
AYE, JUST, JUST SO IT DOESN'T YEAH, JUST FOR PROCEDURES SO THAT WE HAVE THERE BEING FIVE, FIVE AYES IN ONE NAY, UH, THE MAIN MOTION IS NOT AMENDED.
UH, AND SO, UM, WITH THAT, I WILL, UH, RECOGNIZE COMMISSIONER, UH, FRANCIS TO LET US KNOW WHAT HE'D LIKE US TO DO.
SO NOT TO PUT YOU ON THE SPOT.
SO ACCORDING TO ROBERTS, THAT HAS FAILED.
WE'RE BACK TO THE ORIGINAL MOTION.
WE'RE BACK TO YEAH, THAT'S THE MOTION THAT WE WOULD THEN NOW THE $20,000.
I THINK THAT'S WHERE WE, THAT'S THE MOTION THAT IS PENDING AND SECONDED.
SO THAT'S WHAT YOU WOULD, THAT'S WHAT WE NEED TO VOTE ON.
RIGHT? THAT'S THE MOTION THAT'S LEFT ON THE FLOOR.
BUT THAT WE GET SOME COLOR FROM THE COMMISSIONER FRANCIS, THOUGH.
SO WE JUST, I GUESS WHAT WE DO IS WE KEEP TRYING UNTIL WE GET TO THE NUMBER
SO HE'S GONNA WRITE IT IN THE BACK OF AN ENVELOPE.
NO, I, I, UH, DO YOU THINK IT SHOULD BE HIGHER OR LOW? AM I, I FORGIVE THE CROSSTALK.
SO MY FRIENDLY AMENDMENT WOULD BE AT 25,000, 25 4 TO, TO THE MAIN MOTION.
UH, I'LL ACCEPT THE FRIENDLY AMENDMENT AND IF WE VOTE ON IT, UH, AFTERWARDS SURE.
I, I, I, SO WE, WE COULD DO THAT, BUT I, I, IT STRIKES ME THAT, UM, A MORE EFFICIENT WAY, IT MIGHT JUST BE TO RECOGNIZE COMMISSIONER SHUGART TO FIND OUT WHETHER WE WOULD LOSE SUPPORT IF IT WENT DOWN TO 25.
I MEAN, I'M NOT LOOKING TO KEEP US HERE FOR, YOU KNOW, 15 HOURS TONIGHT,
I, YEAH, I STILL THINK $5,000 FOR DRAGGING YOUR FEET FOR SIX WEEKS TO GET PEOPLE HOT WATER IS PRETTY.
UH, YOU KNOW, I'D TAKE THAT DEAL ANY DAY IF IT WERE OFFERED TO ME.
CAN I GET YOU UP TO 30
WE'VE HAD THIS CONVERSATION BEFORE.
APPROACHED IT AT A PROCESS THAT WAS BASED ON DATA, BUT THEN WE GET TO THIS POINT WHERE WE FEEL LIKE WE GO OFF IN THE WEEDS AND WE JUST COME UP WITH THESE ARBITRARY NUMBERS.
I'M JUST SAYING WE ARE, WE, WE WANTED TO HAVE SOME SORT OF METHODOLOGY.
[01:45:01]
MY UNDERSTANDING WAS, AND WE ASKED THEM TO DO THAT, AND THEY DID THAT, AND THEY'VE COME BACK AND MADE A RECOMMENDATION BASED ON THE ANALYSIS, HERE'S WHAT WE WOULD PROPOSE.SO WE'RE, WHAT WE HEARD WAS 15 IN THE 20 AREA, TRYING TO MEET SOMEWHERE IN THE MIDDLE OF THAT, MAKE 25 TO WRAP THIS AND THEN KIND OF MOVE US FORWARD.
UH, VICE CHAIR, IF I CAN JUST SUGGEST HERE AND SPEAKING TO BOTH OF THE POINTS, UM, YOU KNOW, IN REGARDS TO KIND OF HOW WE'VE BEEN DEALING WITH THESE RECENTLY, I THINK THAT A LOT OF THE REASON WHY WE LOOK TO THE KIND OF CITY'S COSTS IN THESE IS BECAUSE OFTENTIMES WE SEE PROPERTIES THAT, UM, YOU KNOW, MAY ACT VERY QUICKLY AND, AND DON'T NECESSARILY INCUR ANY BLAME, UM, DON'T NECESSARILY INCUR ANY, UH, WRONGDOING.
UM, AND, AND I'M NOT NECESSARILY SAYING THAT'S WHAT'S HAPPENING HERE, IT'S JUST THAT, UM, CERTAINLY IT SEEMS LIKE, UH, COMMISSIONER CHUGA AND, AND OLUGO, UM, FEEL THAT MORE HAS BEEN DONE WRONG HERE.
AND, AND I, I THINK THAT IT'S NOT JUST ABOUT, UM, THE CITY'S COSTS, AT LEAST.
UM, I, I MEAN, WE CAN, WE CAN HAVE A, A CONSISTENT PRINCIPLE OF TRYING TO RECUPERATE THE CITY'S COSTS AND NOT ACTIVELY LOSING MONEY WHILE ALSO, UM, STILL WANTING TO MAKE SURE THAT THERE IS A INCENTIVE, UM, RATHER THAN JUST, YOU KNOW, GIVING PENALTY RELIEF TO THE MAXIMUM AMOUNT THAT IS RECUPERATING OUR LOSSES.
UM, SO AGAIN, I, I'M, I'M PRETTY AMENABLE TO KIND OF THE RANGE OF VALUES THAT'S BEEN PRESENTED HERE, WHICH IS, I, I DON'T NECESSARILY THINK THAT IT'S INCONSISTENT WITH WHAT WE'VE BEEN DOING MORE RECENTLY WITH THESE CASES TO, TO GO TO A SLIGHTLY SLIGHTLY HIGHER NUMBER IN THIS CASE.
UH, COMMISSIONER FRANCIS, AND THEN I'LL GO TO COMMISSIONER OLUGO NEXT.
I, I THINK THOSE ARE FAIR POINTS, AND IT'S DEPENDING ON, I'M VERY NUMBER CRUNCHING, AND SO I'M TRYING TO THINK OF WHAT
NOW WE'RE DIGRESSING PRETTY FAR FROM THE MOTION AND FORGIVE ME CHAIR AND TO THE BODY, BUT, UH, SO YOUR, YOUR POINTS ARE WELL MADE.
THANK YOU COMMISSIONER AND COMMISSIONER OLUGO.
UM, AND I THINK, I MEAN, I DON'T THINK, UH, AS A PERSON WHO I THINK HAS, HAS, UH, ARGUED MOST CONSISTENTLY FOR JUST, YOU KNOW, FEE OF RED, YOU KNOW, UH, PENALTY REDUCTION, UM, UM, AND, YOU KNOW, EVEN PENALTY AND ELIMINATION IN SOME CASES.
I, I'M COMPLETELY, UH, IN AGREEMENT TO THE IDEA THAT WE SHOULD BE, WE SHOULD AVOID BEING ARBITRARY.
WE SHOULD TRY TO BE SYSTEMATIC.
AND I THINK, UM, COMPLETELY AGREE THAT IN CASES WHERE THE PROPERTY OWNER HAS BEHAVED AS APPROPRIATELY AS ANYONE COULD FEEL, YOU KNOW, BE REASONABLY EXPECTED TO BEHAVE, WE SHOULD ALWAYS ALIGN WITH THE BASELINE COST STRUCTURE AND NOT PUT ANY EXTRA PENALTIES TO THE PROPERTY OWNER.
UM, I THINK FOR THIS, UH, CASE IN PARTICULAR, UH, THE REASON THAT I'VE SORT OF PROPOSED A NUMBER, UM, SIGNIFICANTLY HIGHER THAN THAT BASELINE IS IN SOME PROPORTION TO THE AMOUNT OF, UM, INAPPROPRIATE BEHAVIOR OR INACTION THAT THE PROPERTY OWNERS HAS, YOU KNOW, TAKEN OR FAILED TO TAKE IN THAT SCENARIO.
NOW, I'M SURE THERE IS A WAY OF SYSTEMATIZING, AND I WOULD LOVE THERE TO BE SOME WAY OF SYSTEMATIZING, UM, WRONGDOING, BUT THAT'S, THAT'S, UM, THAT'S NOT NECESSARILY CALCULABLE.
AND SO I THINK ABOUT AN INCREMENT, RIGHT? SO IN SORT OF INCREMENTS FROM A BASELINE, HOW MUCH DO WE THINK IT'S IMPORTANT TO, UM, TO HAVE THE PENALTIES REFLECT THE FAILURES OF THE PROPERTY OWNER? UM, SO THAT'S WHY, YOU KNOW, I THINK, UM, IN THE PAST I'VE SUPPORTED, YOU KNOW, BASELINE COST REDUCTION, UH, BECAUSE THE PROPERTY OWNERS DONE EVERYTHING PERFECTLY.
UM, IN THIS CASE, I DON'T THINK THAT WOULD BE APPROPRIATE.
UM, THANK YOU COMMISSIONER ROSE DE LUGO.
JUST, JUST A BRIEF FOLLOW UP THEN.
IF I'M THE, UM, ARE, ARE YOU, IS IT YOUR IMPRESSION THAT THE 25,000 FIGURE WOULD BE UNACCEPTABLY LOW OR, WELL, WE WILL FIND OUT HOW I VOTE WHEN THE VOTE COMES, BUT I'LL SAY TWO.
MY IMMEDIATE REACTION WOULD NOT BE POSITIVE.
BUT IF THIS, UM, BUT IT WOULD, IT WOULD NOT, IT, IT IS NOT POSITIVE.
BUT IF THIS IS, IF THAT IS WHAT THE, IF I AM THE SOLE PERSON AGAINST SUCH A MOVE, I DON'T THINK I WOULD HOLD ALL OF YOU HOSTAGE FOR THE NEXT TWO TO THREE HOURS.
[01:50:01]
I'LL JUST, UM, SO MY OWN 2 CENTS, I'M PROBABLY LIKE, SORT OF TEND TOWARD THE OPPOSITE.UH, AND, UM, I THINK THAT, UM, I ALL ALL RESPECT, I THINK, YOU KNOW, THERE IS A SYSTEMATIZATION OF WRONGDOING.
IT'S THE LAW
UM, YOU KNOW, AND, AND YOU KNOW, IT, IT'S SORT OF, IT WOULD BE, YOU KNOW, MARKING COMPLIANCE WITH THE SPEED LIMIT BY HOW LONG AFTER YOU'VE BEEN PULLED OVER THAT YOU ACTUALLY REDUCE YOUR SPEED, RIGHT? I MEAN, YOU KNOW, YOU WEREN'T SUPPOSED TO SPEED IN THE FIRST PLACE, YOU KNOW, AND I THINK THERE'S, THERE IS SOMETHING SIMILAR THAT CAN BE SAID, YOU KNOW, IN SITUATIONS PARTICULARLY WHERE IT'S A, YOU KNOW, IT'S A COMMERCIAL VENTURE OF SOME KIND, YOU KNOW, AND, AND, UH, YOU KNOW, AND YOU KNOW, I, I CERTAINLY DON'T WANT TO, UM, YOU KNOW, ESTABLISH THE CITY AS BEING INHOSPITABLE TO, UH, ENTITIES THAT PROVIDE AFFORDABLE HOUSING.
BUT, YOU KNOW, THESE ARE NOT, YOU KNOW, 5 0 1 CS.
I MEAN, YOU CAN VERY EASILY MONETIZE THE FEDERAL HOUSING CREDITS THAT ARE A AVAIL.
IT'S A PROFITABLE BUSINESS MODEL TO HAVE, YOU KNOW, AFFORDABLE HOUSING.
SO IT'S NOT, YOU KNOW, AS MUCH AS WE WANT IT, IT'S NOT THE SORT OF THING WHERE IT'S JUST A, YOU KNOW, IT'S A CHARITY CASE.
SO, YOU KNOW, I GENERALLY, I TEND TO, YOU KNOW, I TEND TO JUST WANT TO OPPOSE FEE REDUCTION.
UM, BUT YOU KNOW, LIKE YOURSELF, I, YOU KNOW, I TEND TO DEFER TO THE WILL OF THE BODY, ESPECIALLY WHEN WE'RE OPERATING ON A LEAN QUORUM HERE.
SO, UM, WHY DON'T WE, WHY DON'T WE JUST PUT IT TO A VOTE AND FIND OUT.
AND, UM, I, UH, BECAUSE THIS IS APPARENTLY MY OPTION IN THE CHAIR, I'M ACTUALLY GOING TO FOREGO THE INTER INTERMEDIATE STEP.
AND WHAT WE'LL DO IS I'LL JUST PUT THE, THE, THE, THE QUESTION TO THE, TO THE BODY AS AMENDED.
AND SO, UM, THE QUESTION WILL OCCUR ON THE MOTION, ON THE ORIGINAL MOTION OF VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER FRANCIS, UH, SUBSEQUENTLY AMENDED ACCEPTABLY TO VICE CHAIR CAMPBELL TO RESULT IN ADOPTING STAFF'S, UH, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, EXCEPT THAT THE PENALTY WOULD BE REDUCED FROM $168,680 AND 72 CENTS TO 25,000.
UH, AND IN FAILURE OF COMPLIANCE WITHIN 30 DAYS, IT REVERTS TO THE ORIGINAL, UH, IT'LL BE A, SO THE MOTION AS AMENDED, THIS WILL BE A ROLL CALL VOTE.
I'LL BEGIN WITH COMMISSIONER SOCAL.
COMMISSIONER, UH, SHUGART NA NAY.
COMMISSIONER, SHE VOTE'S NAME.
DID I HEAR CORRECTLY? THAT WAS A, A NEGATIVE.
UH, COMMISSIONER O OLUGO OBJECT.
AYE, UH, COMMISSIONER FRANCIS VOTES.
THERE BEING, UH, FOUR I'S AND TWO NAYS.
THE, UH, MOTION AS AMENDED FAILS.
AND, UH, WE'RE BACK TO, UH, WE'RE BACK TO WHERE WE BEGAN, I GUESS, UM, COMMISSIONER SLUGO AS, UH, YOU MENTIONED THE LAW.
WHAT PRINCIPLES DO, DO, DOES THE LEGAL SYSTEM USE TO DETERMINE THE FEES AND PENALTIES THAT 'CAUSE YOU SEE IN THE NEWS, RIGHT? IT'D BE LIKE, OH, X, Y, Z COMPANY OR INDIVIDUALS CHARGED X MILLION DOLLARS OR X BILLION DOLLARS OR WHATEVER.
AND IF YOU SAID THERE'S A PRINCIPLE TO HOW DO YOU CALCULATE WHAT THE RIGHT AMOUNTS OF PENALTY IS BEYOND JUST WHAT THE ACCRUED FEES ARE FOR, YOU KNOW, WRONG, HOW DO YOU EVALUATE SIX WEEKS OF NO SHOWERS? I TAKE YOUR POINT.
UH, BUT I ALSO WANNA TAKE THAT AS A RHETORICAL QUESTION, ASSUMING NO HONEST QUESTION.
WELL, OKAY, SO I MEAN, I JUST, I DON'T KNOW THAT IT'S WITHIN OUR PURVIEW TO GET TOO DEEP INTO THE SORT OF, YOU KNOW, THE PRINCIPLES THAT ANIMATE, BUT THE SHORT ANSWER WOULD BE IT'S THE, YOU KNOW, IT'S THE LOCAL GOVERNMENT CODE.
I MEAN, THERE, YOU KNOW, IT'S OUR MUNICIPAL ORDINANCES, IT'S THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
THERE, YOU KNOW, THERE ARE, THERE ARE SOURCES THAT HAVE, YOU KNOW, HAVE, HAVE BEEN ENACTED LEGISLATIVELY THROUGH, YOU KNOW, PROCEDURALLY VALID MEANS THAT KIND OF SET FORTH A RANGE.
AND THEN THERE'S THE DISCRETION OF THESE, UH, YOU KNOW, THESE HARDWORKING CODE OFFICIALS WHO, YOU KNOW, UH, YOU KNOW, AND YOU'LL SEE THERE.
SO, SO YOUR STANCE WOULD BE TO PERSIST THE FEES CORRECT.
UPHOLD THE FEES LIKE YOURSELF? I, I DON'T KNOW THAT I FEEL STRONGLY ENOUGH ABOUT IT TO WANNA HOLD UP ACTION ON IT.
UM, YOU KNOW, HOWEVER, JUST AS, AS A BASELINE, UH, YOU KNOW, WHEN I COME IN AND I SEE A, A BIG NUMBER LIKE THIS, I DON'T, MY, MY INTUITION IS NOT THAT IT'S DISPROPORTIONAL UNTIL SOMEBODY MAKES THE CASE THAT IT IS.
AND, AND SO, YOU KNOW, JUST, I, I THINK IT'S, UM, YOU KNOW, PARTICULARLY I THINK, AND I THINK I WAS HERE WHEN WE IMPOSED THESE, RIGHT? AND SO, UM, I GUESS
[01:55:02]
TO ME IT'S JUST A MATTER OF HOW DO WE THREAD THIS NEEDLE? AND, AND, UH, IT'S A MATTER OF FINDING OUT WHAT'S ACCEPTABLE TO THE BODY IF THERE IS ONE NUMBER THAT WE CAN CONVERGE ON.UM, AND, AND IF THERE'S NOT, I, I HONESTLY DON'T KNOW WHAT, WHAT THE PROCEDURE IS, I'M KIND OF KEEPING AN EYE ON THE CLOCK AND WE MIGHT JUST HAVE TO INDEFINITELY TABLE AND, AND I, I SUPPOSE THEN IF IT, WE JUST FAIL TO ACT ON IT WITHIN THE TIME AVAILABLE, THEN, THEN THERE IS NO ACTION IN THE APPEAL STANDS FOR WANT OF COMMISSION INTERVENTION.
BUT THAT, THAT'S PROBABLY NOT THE CLEANEST WAY TO HANDLE IT.
I MEAN, I DON'T, I DON'T THINK THAT WOULD REFLECT WELL ON US AS A COMMISSION.
SO I HOPE THAT WE CAN GET TO, UH, FINALITY THIS EVENING.
UM, IF THAT'S ALL, CAN I RECOGNIZE VICE CHAIR CAMPBELL, OR DID YOU HAVE MORE? I'M SORRY.
UH, IF YOU HAVE SOMETHING TO SAY, UM, UH, YOU KNOW, JUST IN REGARDS TO THIS DISCUSSION ABOUT LIKE QUANTIFYING WRONGDOING, UM, YOU KNOW, A A AS TO, UH, THE CHASE'S POINT THAT, UM, YOU KNOW, THE KIND OF MECHANISM FOR THAT IS IN PART, UH, YOU KNOW, WE AS A COMMISSION GIVE A FINE, AND WE'VE DONE THAT IN THE PAST.
UM, THAT WAS IN THE 2022 MEETING.
UM, SO, SO THIS NUMBER THEORETICALLY REFLECTS THAT.
UM, AND JUST IN TERMS OF THE PROCEDURAL POSTURE THAT WE'RE DEALING WITH HERE, YOU KNOW, THIS IS, UH, AN APPEAL.
IT'S A, IT'S A REQUEST FOR PENALTY RELIEF.
UM, THE PENALTY'S ALREADY BEEN IMPOSED, THEY ALREADY OWE THIS MONEY.
IT'S A QUESTION OF WHETHER WE'RE WILLING TO FORGIVE SOME PART OF IT.
UM, AND JUST IN LIGHT OF THAT, UM, YOU KNOW, I DON'T NECESSARILY THINK THAT WE ARE IN THE BUSINESS OF KIND OF PUNISHING WRONGDOING.
I THINK THAT IT'S FUNDAMENTALLY A MATTER OF, UM, INCENTIVES, WHICH IN PART DOES PROBABLY MEAN THAT WE, UH, IMPOSE SOME KIND OF COST ON SLOW ACTION AND, UH, DON'T BE ESPECIALLY PUNITIVE TOWARDS, UM, QUICK ACTION.
UH, BUT JUST IN LIGHT OF WHAT'S HAPPENING RIGHT NOW, IT SEEMS LIKE THE ONLY REAL DISPUTE IS THE NUMBER, YOU KNOW, WE HAD $35,000 SUGGESTION, UM, AND A $25,000 SUGGESTION AND BOTH WERE DENIED.
UM, YOU KNOW, IT, IT SEEMS LIKE THE WHEEL ISSUE HERE IS JUST THE, THE NUMBER RIGHT NOW.
UM, AND IT'S SEEMINGLY SOMEWHERE IN BETWEEN THERE.
SO, UH, I, I WOULD JUST HOPE THAT SOMEBODY WOULD, UH, OFFER AN AMENDMENT, UM, THAT WE COULD HOPEFULLY GET TO THE NUMBER WE ALL AGREE ON.
AND JUST AS A BRIEF REMINDER, BECAUSE OF THE WAY I DECIDED TO HANDLE THE MOST RECENT VOTE, IT ACTUALLY WAS ON THE MOTION AS AMENDED.
SO WE WOULD NEED A FRESH MOTION AT THIS POINT.
WE WOULDN'T JUST, NOT JUST A SUBSEQUENT AMENDMENT.
PROPOSED FINDINGS OF FACTS, CONCLUSION OF LAW.
I MOVED TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSION, CONCLUSIONS OF LAW, AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENT.
UM, I, I MOVED TO CHANGE THE TOTAL PENALTIES ACCRUED FROM $168,608 AND 72 CENTS TO $30,000.
UM, AND, UM, EVERYTHING ELSE REMAINS THE SAME WITH, UM, IT AFTER HAS BE PAID IN 30 DAYS AND ON 31ST DAY FROM THE DATE MODIFIED IF NOT PAID, UH, INTEREST SHALL START, CONTINUE TO GROW AT 10% PER YEAR.
I'LL SECOND, UH, COMMISSIONER SHUGART SECONDS.
IS THERE DISCUSSION ON THE MOTION? I'LL, LET ME BEGIN WITH COMMISSIONER OLUGO AS AUTHOR OF THE MOTION, IF YOU WANNA TRY TO SPELL IT.
UM, 35 TO ME FELT VERY GENEROUS, BUT, UM, IN THE SPIRIT OF GENEROSITY AND NOT SEEING OUR FAMILIES TONIGHT, I, I DECIDED TO JUST PUT IT RIGHT DOWN THE MIDDLE.
UM, ANY FURTHER DISCUSSION? OKAY.
UH, THEN LET ME JUST, UH, IN THE INTEREST OF TIME, I'LL JUST GO AHEAD AND I'LL PUT THE QUESTION TO THE BODY.
SO, QUESTION OCCURS ON THE MOTION OF COMMISSIONER ROSE LUGO, AS SECONDED BY COMMISSIONER SHUGAR TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW.
UH, AND THE ORDER, UH, AS PROPOSED WITH THE FOLLOWING REVISION, NAMELY THAT THE, UH, COMBINED, UH, TOTAL ASSESSED BE REDUCED FROM $168,609 AND 72 CENTS TO $30,000.
UM, THIS WILL BE A ROLL CALL VOTE, AND THAT WILL BEGIN WITH COMMISSIONER SOCAL.
AYE COMM, UH, VICE CAMPBELL AYE.
THERE BEING SIX AYES AND NO NAYS.
UH, WE HAVE, UH, ADOPTED THE MOTION, UH, MR. VALDIVIA, YOU WILL RECEIVE,
[02:00:01]
WELL, DO WE MAIL SOMETHING OUT WHEN, WHEN IT'S AN APPEAL OR DO WE MAIL A NEW ORDER OR DO THEY, OR NO, THIS IT'LL BE AN ORDER.UM, SO YEAH, THERE YOU'LL RECEIVE, UM, YOU'LL RECEIVE, UH, NOTICE OF THE ORDER IN THE MAIL AND, UH, IF YOU HAVE, UH, PROCESS QUESTIONS, OBVIOUSLY FEEL FREE TO, UH, TO, UH, UH, FOLLOW UP WITH, UM, INSPECTOR VAL.
AND, UH, THANK YOU FOR BEING HERE TONIGHT, AND THANK YOU FOR YOUR PATIENCE WITH OUR, WITH OUR TECHNICAL DIFFICULTIES.
SO, TARA, IT WOULD'VE BEEN EXTREMELY IMPORTANT, THANK TIME AFTER THE ORDER THAT YOU ASKED, YOU SAID NO.
SO IT WOULD'VE BEEN VERY FUNNY, BY THE WAY, YOU ASKED IF AT THE END OF ASKING EVERYONE IN THAT ORDER, YOU JUST SAID NO.
WHAT, UH, UH, JAMES, DO YOU HAVE A PREFERENCE AS TO WHERE WE GO NEXT? UH, IS THERE ANYBODY REGISTERED? YES.
UH, WE HAVE THE OWNER OF NUMBER FIVE O'ROURKE LANE, UH, ON THE PHONE.
[5. Case Number: CL 2024-085291]
AGENDA ITEM NUMBER FIVE, WHICH IS, UH, CONCERNS THE PROPERTY AT YEAH.UH, AND, UH, JAMES, IF YOU WANNA TAKE IT AWAY, ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 8 5 2 9 1 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1 0 5 0 7 O'ROURKE LANE.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED AND UNOCCUPIED.
THE CASE WAS OPENED IN DECEMBER, 2023, FOLLOWING MONTHS OF INACTIVITY AFTER A FIRE INCIDENT.
THERE IS A TRADE PERMIT APPLICATION PENDING FOR THE PROPERTY FOR THE RESTORATION OF THE STRUCTURE.
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 2K, 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 1 0 5 0 7 O'ROURKE LANE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS LEWI ALEXANDER OF THE SAME ADDRESS.
A REVIEW OF THE HISTORY OF THIS RESIDENCE INDICATED A CODE CASE FROM APRIL, 2015 THROUGH AUGUST, 2018.
AT THAT TIME, THE RESIDENCE WAS AND REMAINED UNOCCUPIED AND WAS IN PROGRESSIVE STRUCTURAL DISREPAIR FROM THE ROOF, SIDING, WINDOWS, EXTERIOR BRICKS, AND DOORS.
THE EXTERIOR WAS CONTINUOUSLY IN A STATE OF UNSANITARY CONDITIONS WITH TALL GRASS AND WEEDS, AND A CITY CONTRACTOR WAS USED SEVERAL TIMES TO ABATE THE UNSANITARY CONDITIONS AND TO BOARD AND SECURE THE PROPERTY.
IN DECEMBER, 2018, THE PROPERTY WAS BROUGHT BEFORE THIS COMMISSION WHERE AN ORDER WAS ISSUED FOR REPAIR 45 DAY REPAIR AND FINES TO COMMENCE ON THE 46TH DAY.
THE PROPERTY REMAINED VACANT AND IN DISREPAIR UNTIL JUNE, 2019.
IN JULY, 2019, THE PROPERTY OWNER APPEALED THE FINES FROM THE ORDER AND THE COMMISSION REDUCED THE FINES FROM $4,260 AND 47 CENTS TO ZERO.
THE PROPERTY CONTINUED TO RECEIVE CODE COMPLAINTS FOR UNSANITARY CONDITIONS THROUGH 2020.
ON DECEMBER 3RD, 2023, I RECEIVED A COMPLAINT FOR A FIRE DAMAGE STRUCTURE HOME IMPACTED BY FIRE IN FEBRUARY OF 2022, AND HAS SINCE BEEN ABANDONED BROKEN WINDOWS, HOLES, AND EXTERIOR STRUCTURE.
WILD ANIMALS ABLE TO GET INSIDE OF THE HOME.
WA WAS WHAT WAS RECEIVED FROM AUSTIN 3 1 1.
ON DECEMBER 6TH, I CONDUCTED AN INSPECTION AND OBSERVED A SINGLE FAMILY RESIDENCE WITH FIRE DAMAGE.
THE WINDOWS WERE BROKEN OUT AND THERE'S EVIDENCE OF THE FIRE ON THE BRICK VENEER INSIDING, INCLUDING A HOLE THAT MELTED THE SIDING.
THERE IS ROOF FLASHING SOFFIT AND FASCIA DAMAGE, AND THE GARAGE DOORS ARE SEALED WITH BLACK PLASTIC.
A REVIEW OF THE AMANDA PERMIT SYSTEM INDICATED THAT THERE ARE EXPIRED PERMITS FOR THE FIRE REPAIR.
FROM MY APPROVED VANTAGE POINT, THE PROPERTY IS BOARDED AND SECURE.
ON DECEMBER 27TH, I RECEIVED AN EMAIL FROM THE PROPERTY OWNER REQUESTING AN EXTENSION AND EXPLAINING HIS REPAIR CALENDAR.
I RESPONDED BY INFORMING HIM THAT THE INITIAL 60 DAYS MUST EXPIRE BEFORE AN EXTENSION CAN BE GRANTED.
[02:05:02]
I FURTHER EXPLAINED THE EXTENSION PROCESS AND THE NEXT STEPS IN ESCALATION IF NO PROGRESS IS MADE AT THE PROPERTY.ON FEBRUARY 22ND, 2024, THE PROPERTY OWNER EMAIL REQUESTING AN EXTENSION WHICH WAS GRANTED AND HAD AN EXPIRATION DATE OF APRIL 22ND.
MONTHLY FOLLOW UP INSPECTIONS WERE COMPLETED WITH CONDITIONS REMAINING THE SAME ON MAY 2ND, A CHECK OF THE OF THE AMANDA PERMITTING SYSTEM INDICATED PENDING PERMITS FOR ALL TRADES.
ON JUNE 7TH, I CONDUCTED A FOLLOW UP INSPECTION AFTER LEARNING FROM OTHER INSPECTORS THAT THEY HAD RECEIVED COMPLAINTS FOR UNSANITARY CONDITIONS AT THE RESIDENCE.
I CONTACTED THE PROPERTY OWNER AND NOTIFIED HIM OF THE ADDITIONAL COMPLAINTS AND THE ESCALATION PROCESS.
WITHIN A DAY OR TWO, I RECEIVED AN EMAIL FROM THE PROPERTY OWNER INDICATING THAT ALL PROPERTY ABATEMENT VIOLATIONS WERE CLEARED.
I VERIFIED THIS WITH A FOLLOW-UP INSPECTION.
A REVIEW OF THE FIRE REPORT FROM FEBRUARY 22ND, 2022 INDICATED HOARDING CONDITIONS WITHIN THE HOME, WHICH CAUSED SOME DIFFICULTY IN NAVIGATING THE HOME TO EXTINGUISH THE FIRE, WHICH STARTED IN THE GARAGE BY THE GAS WATER HEATER.
A CURRENT CHECK OF THE AMANDA PERMITTING SYSTEM INDICATED PENDING PERMITS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
THIS HAS BEEN THE CONDITION OF THE PROPERTY THE ENTIRE TIME THAT I HAVE DONE FOLLOW UPS.
UM, YOU CAN SEE THE BLACK TARP THAT'S COVERING THE GARAGE ACTUALLY UNDER THE, UNDER THE TARP IS, UH, PLYWOOD.
I DON'T KNOW IF YOU COULD REALLY SEE IT THROUGH FROM THIS PICTURE, BUT THE WINDOW ABOVE THE GARAGE IS BROKEN OUT AND BOARDED.
EXHIBIT TWO B IS A CONTEXTUAL PHOTO SHOWING THE ADDRESS AND YOU CAN ALSO SEE THE FIRE, UM, SMOKE DAMAGE IN THE SOFFIT AREA.
AND IT'S A BETTER PICTURE OF THE WINDOW ABOVE THE GARAGE BEING BROKEN OUT.
EXHIBIT TWO C, YOU COULD SEE ALONG THE SIDING AND ON THE BRICK VENEER, UM, SMOKE DAMAGE FROM THE FIRE.
EXHIBIT 2D THIS IS JUST A CONTEXTUAL SHOWING THAT THE GARAGE IS ACTUALLY BOARDED WITH THE BLACK PLASTIC COVERING OVER IT.
EXHIBIT TWO E IS A CLOSEUP OF THAT WINDOW ABOVE THE GARAGE.
AND AGAIN, YOU CAN SEE THE FIRE DAMAGE FROM THE SMOKE AND PROBABLY THE WATER IN THE SIDING.
EXHIBIT TWO F IS ALONG THE SIDE OF THE HOME, AND AGAIN, YOU COULD SEE THE SMOKE AND FIRE DAMAGE ON THE BRICK VENEER AND ON THE SIDING OF THE PROPERTY.
EXHIBIT TWO G, YOU COULD SEE ON THE SECOND FLOOR THE HOLE IN THE SIDING WITH THE, UH, FIRE DAMAGE AND THE WINDOW ALSO ALONG WITH THE VENTS BEING BROKEN OR OR BEING OPEN ALONG THE SOFFIT OF THE PROPERTY.
EXHIBIT TWO H THERE ARE NO UTILITIES AT THE PROPERTY.
UH, CONTEXTUAL PHOTO AND TWO I A LITTLE BIT UP CLOSE TWO J.
UM, ALSO ANOTHER CONTEXTUAL SHOWING NO UTILITIES OR GAS AT THE HOME.
EXHIBIT 2K, THIS IS ALONG THE OPPOSING SIDE OF THE HOME SHOWING THE VENTS BEING OPEN.
I STRONGLY URGE THE COMMISSION TO ACCEPT STAFF'S RECOMMENDATIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN AT THE, UH, IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER 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 46 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.
ALL RIGHT, THANK YOU VERY MUCH MR. EVERWINE.
AT THIS TIME, IF THERE'S NO OBJECTION, I'M GOING TO EXHIBIT, UM, PARDON ME.
I'M GOING TO ADMIT EXHIBITS ONE AND TWO A THROUGH 2K, AND I SHOW WE ALSO HAVE TO BE ADMITTED, UH, PROPERTY OWNER'S EXHIBITS, UH, IN THE GREEN.
[02:10:01]
THAT'S TRUE YES.UH, IN THE GREEN BOOK IN YOUR READER.
SO, UH, WITHOUT OBJECTION, UH, HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, AND I UNDERSTAND WE HAVE MR IS IT LEWIT ON THE PHONE? YES.
UH, MR. LEWITT, IF YOU COULD PLEASE, UH, PRESS STAR SIX TO UNMUTE YOURSELF.
THANK YOU, MR. LUE, CAN YOU HEAR US? YES, I'M HERE.
UH, IF, IF YOU'D LIKE TO BEGIN, IF YOU HAVE ANY QUESTIONS OF INSPECTOR PATERNO, YOU'RE WELCOME TO, UH, ASK THOSE QUESTIONS THIS TIME.
UH, IF NOT, UH, YOU'RE FREE TO BEGIN YOUR, YOUR PRESENTATION AND, AND YOU'LL HAVE AS MUCH TIME AS AS THE CITY TOOK.
UH, MY FIRST QUESTION IS, WHAT IS THE, UH, HOW MANY DAYS WILL IT BE UNTIL THE ALL THE REPAIRS HAVE TO BE COMPLETED UNDER THE CITY'S, UM, ORDER? SO ARE YOU DIRECTING THAT TO THE, THE CODE OFFICIAL OR TO THE, TO THE COMMISSION? MR. LEWIS, TO THE CODE OFFICIAL OR, UM, 'CAUSE I, LET ME JUST BEFORE I RECOGNIZE INSPECTOR PATERNO FOR THAT, LET, LET ME JUST, IF I, IF I HEAR YOU CORRECTLY, SO THAT THE PROPOSED ORDER THAT STAFF IS BROUGHT TO US TONIGHT WOULD GIVE YOU 45 DAYS TO BRING THE PROPERTY INTO COMPLIANCE, UH, 45 DAYS BEING MEASURED FROM THE TIME THAT THE ORDER IS MAILED.
UH, SO, YOU KNOW, GIVE OR TAKE, AND, YOU KNOW, THERE'S, THERE'S SOME PROCESSING TIME, BUT, YOU KNOW, EFFECTIVELY 45 DAYS.
SO, UM, FIRST I WANT TO APOLOGIZE TO EVERYBODY THAT, UH, THIS HAS BEEN A PROBLEM, AN ONGOING PROBLEM.
I AM NOW FULLY, UH, COMMITTED TO RESOLVING THIS AS QUICKLY AS POSSIBLE AND REMOVING THIS FROM THE CITY'S PROBLEM LIST, FROM THE NEIGHBORHOOD'S PROBLEM LIST AND BRINGING THE PROPERTY UP TO BEING, UH, SOMETHING THAT MEETS, UH, NEIGHBORHOOD STANDARDS.
UM, IN THE DOCUMENTATION THAT I'VE SENT TO YOU, I'M SHOWING YOU THAT I'M GETTING BIDS AND PRICE ESTIMATES RIGHT NOW FROM VARIOUS CONTRACTORS, UM, AND THAT I HAVE THE FINANCIAL RESOURCES TO DO THE REPAIRS.
AND NOW, UH, MY PERSONAL SITUATION IS SUCH THAT I AM GOING TO DEVOTE, I CAN NOW DEVOTE AND WILL DEVOTE MY ENTIRE FULL ATTENTION AND ENERGY TO RESOLVING THIS ASAP UH, 45 DAYS, UH, FROM TALKING TO CONTRACTORS AND GETTING INFORMATION FROM THEM.
IF WE START, UH, THE PROCESS OF HIRING CONTRACTORS THIS WEEK OR NEXT WEEK, 45 DAYS, I DO NOT BELIEVE THERE'S ENOUGH TIME TO GET HIGH QUALITY REPAIRS DONE.
UM, I'M REQUESTING FROM THE COMMISSION THAT INSTEAD OF 45 DAYS, I'LL BE GRANTED 120 DAYS TO, UH, COMPLETE HIGH QUALITY REPAIRS WITH CONTRACTORS THAT I HIRE WITHIN THE NEXT TWO, THREE WEEKS.
IF THERE'S NOTHING, IF THERE'S NOTHING FURTHER, UM, I'LL, UH, GIVE THE CODE OFFICIAL OPPORTUNITY TO ASK ANY QUESTIONS.
UH, SHE MAY HAVE A VIEW INSPECTOR PATERNAL.
SO THEN, UM, AT THIS TIME, UH, DO MY FELLOW COMMISSIONERS HAVE ANY QUESTIONS, EITHER FOR THE CODE OFFICIAL OR FOR THE PROPERTY REPRESENTATIVE? UH, VICE CHAIR CAMPBELL, UH, THIS QUESTION IS FOR INSPECTOR PITANO.
UM, TO YOUR KNOWLEDGE, HAS ANY, UH, PERMITS BEEN SUBMITTED, UH, LIKE PERMIT REQUESTS BEEN SUBMITTED FOR THIS PROPERTY? AS OF RIGHT NOW, I BELIEVE THEY'RE PENDING.
UH, SO MR. LEWIT, UM, RIGHT NOW AT THIS TIME, THERE ARE NO, UH, QUESTIONS FROM COMMISSIONERS.
SO, UH, I'M GOING TO ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
WHAT THAT MEANS IS THAT, UH, YOU WON'T, UH, HAVE ANY, WELL, BEFORE I DO THAT, LET ME ASK YOU IF YOU HAVE ANY, ANY SUMMATION, ANYTHING YOU'D LIKE TO ADD? UH, IT'S NOT REQUIRED IN, IN THIS CIRCUMSTANCE.
IT WOULD BE UNUSUAL, UH, SINCE THERE HAVEN'T REALLY BEEN, THERE HASN'T REALLY BEEN BEEN ADDITIONAL WITNESSES, BUT JUST AS A FORMAL MATTER, I WANNA MAKE SURE YOU HAVE THE OPPORTUNITY TO, TO REACH ANY ISSUE YOU MAY, YOU MAY HAVE OMITTED OR YOU'D LIKE TO ADD.
UM, IS THERE ANY SUMMATION YOU'D CARE TO OFFER, SIR? UH, UH, NO.
UH, WELL, I GUESS THE ONLY SUMMATION IS TO REPEAT THAT, UH, I APOLOGIZE TO EVERYBODY AND TO THE CITY AND TO MY NEIGHBORS.
UM, NOW I AM, I HAVE MY DECKS CLEARED AND MY FAIRS ORGANIZED SO THAT I WILL DEVOTE FULL ATTENTION, ENERGY, AND TIME TO GET THIS DONE, ASAP, UM, HOPEFULLY FASTER THAN 120 DAYS.
[02:15:01]
UH, THE REALITY OF CONTRACTING AND GETTING CONTRACTORS AND I, I BELIEVE 45 DAYS IS TOO AGGRESSIVE.BUT, UM, IF I DO THAT FAST, I'D LOVE TO, BUT I'M GOING, I BELIEVE, UH, A REASONABLE, UM, A REASONABLE TIMEFRAME IS IN THE ORDER OF 120 DAYS.
UH, SO, UH, BEFORE WE CLOSE, I GUESS, LET ME, LET ME JUST POSE HERE.
UH, CITY SUMMATION, JUST TO DOUBLE CHECK.
UH, SO MR. UH, MR. LE WHITE, JUST BEFORE, BEFORE WE PIVOT TO CLOSING, LET ME ASK YOU JUST A COUPLE OF QUESTIONS.
SO, SO IT'S, IT'S UNDER OUR LAWS, IT'S, IT'S TYPICAL FOR, UH, OTHER EXTENSIONS TO RUN TO 90 DAYS.
UH, THERE ARE SOME EVIDENTIARY REQUIREMENTS THAT ORDINARILY ATTACH TO, UH, EXTENSIONS BEYOND 90 DAYS, THOSE REQUIREMENTS, YOU KNOW, ARGUABLY YOU'VE, YOU'VE GONE SOME WAY TOWARDS SATISFYING THEM HERE, BUT, YOU KNOW, WE'RE GONNA HAVE TO KIND OF TAKE A, A CLOSER LOOK AT THAT.
BUT, UM, I WANTED TO, UM, UH, BASICALLY THE QUES MY QUESTION FOR YOU IS THIS, IN LIGHT OF THE AVAILABILITY OF A, OF A, OF AN OFFSET, UM, IN WHICH COST INCURRED IN REPAIRING THE PROPERTY CAN OFFSET ACCRUED PENALTIES, UH, IF WE WERE TO AFFORD 90 DAYS INSTEAD OF 120, UH, WOULD THAT KNOWLEDGE COMBINED WITH THE FACT THAT IF PENALTIES BEGAN TO ACCRUE ON THE 91ST DAY AFTER THE ORDER WAS MAILED, SOME OF THAT MIGHT BE RECOVERABLE AND AN OFFSET, UH, BASED ON THE COST INCURRED FOR THE REPAIRS.
WOULD THAT, WOULD THAT GIVE YOU SOME COMFORT? OR, OR, OR NO.
DO YOU FEEL STRONGLY THAT YOU NEED THE 120 DAYS? WELL, 90 DAYS CERTAINLY WOULD GIVE SOME COMFORT.
HOWEVER, I AM AN AMATEUR AT THIS.
SO IT'S VERY, AND WHEN I INTERACT WITH, UH, NUMEROUS CONTRACTORS AS I'VE BEEN DOING OVER THE PAST FEW DAYS, UM, FOR INSTANCE, YESTERDAY I WAS WAITING FOR A CONTRACTOR TO SHOW UP ON MY PROPERTY FOR TWO OR THREE HOURS.
NOBODY SHOWED UP DESPITE NUMEROUS CALLS TO THEM.
UH, I'M JUST TRYING TO GIVE WHAT I BELIEVE THE RESPONSIBLE TIME ESTIMATE IF 90 DAYS THE BEST THAT THE CITY CAN DO.
UH, I APPRECIATE WHATEVER YOU CAN DO IN TERMS OF GIVING ME GRACE.
UM, BUT IF THAT'S BEST, I GUESS I'LL, THAT DOES GIVE SOME COMFORT.
UH, THANK YOU FOR CONSIDERING THIS.
UH, THANK YOU MR. LEWIT, UH, INSPECTOR PATERNO BEFORE, UH, I'M GIVING YOU AN OPPORTUNITY TO SUMMARIZE.
UH, BUT BEFORE I DO THAT, I, I DO ACTUALLY HAVE ONE QUESTION FOR YOU.
IN THE EVENT THAT THIS COMMISSION WERE TO DECIDE TO GIVE SOME EXTENSION, IN YOUR OPINION, IS THE PROPERTY PROPERLY SECURED IN ITS CURRENT STATE OR SHOULD THE COMMISSION ADD LANGUAGE TO ANY AMENDED ORDER TO PROVIDE ADDITIONAL SECURITY FOR THE PROPERTY? SO I CAN ONLY SPEAK FOR THE FRONT OF THE PROPERTY BECAUSE HE HAS TWO, UM, HE HAS A SIX FOOT PRIVACY FENCE ON EITHER SIDE.
SO WITHOUT GETTING A WARRANT, I JUST CAN'T ARBITRARILY WALK BACK THERE.
SO THAT BEING SAID, YES, THE FRONT OF THE PROPERTY IS SECURED.
IF YOU'D CARE TO SUMMARIZE BEFORE WE, WE CLOSE.
SO I WOULD, SPEAKING ON BEHALF OF THE COMMUNITY WHO HAS REACHED OUT TO ME, UM, NUMEROUS PEOPLE THAT LIVE IN THAT COMMUNITY HAVE REACHED OUT TO ME.
I THINK I WOULD BE REMISS IF I DID NOT REMIND THE COMMISSION THAT THIS PROPERTY HAS BEEN A FOCAL POINT FROM CODE AND THE COMMISSION FROM 2015.
YOU ALL GAVE THIS PROPERTY TREMENDOUS GRACE BY REDUCING THE INITIAL PENALTIES THAT WERE RECEIVED DOWN TO ZERO.
AND THEN THE PROPERTY CONTINUED TO BE A PROBLEM WHERE CODE WAS CONSISTENTLY CALLED TO COME OUT LEADING UP INTO THIS, THIS PROPERTY BEING PRESENTED NOW BECAUSE IT'S STILL IN DISREPAIR AND THE NEIGHBORS ARE STILL HAVING TO DEAL WITH THE NUISANCE, THE UNSANITARY CONDITIONS, THE OVERALL CONDITIONS OF THE PROPERTY.
SO, I MEAN, I UNDERSTAND THE PLIGHT OF WHAT THE PROPERTY OWNER IS SAYING, BUT IN CONSIDERATION OF THAT COMMUNITY AS A WHOLE, I THINK YOU ALL HAVE GIVEN A LOT OF GRACE TO THIS PROPERTY.
UM, DOES ANYBODY HAVE A MOTION TO, TO CLOSE? UH, COMMISSIONER SHUGART.
UH, COMMISSIONER SHUGART MOVES TO CLOSE THE PUBLIC HEARING.
UH, COMMISSIONER FRANCIS SECONDS.
THOSE ALL OPPOSED? HEARING NONE, UH, THE PUBLIC PART OF THE HEARING IS CLOSED.
UH, MR. LEWITT, WHAT THAT MEANS FOR, FOR PURPOSES OF HOW WE PROCEED, IS THAT, UH, WE'LL ASK THAT YOU NOT, UH, YOU KNOW, ATTEMPT TO INSERT ANY ADDITIONAL AFFIRMATIVE TESTIMONY.
BUT, UH, AND, AND WE WOULD ASK YOU TO REMAIN AVAILABLE AND
[02:20:01]
ON THE PHONE IN CASE WE HAVE QUESTIONS FOR YOU.UH, BUT, UH, BUT THAT, THAT, THAT CONCLUDES OUR PUBLIC, UM, HEARING, AND WE'RE GOING TO PROCEED TO DISCUSSION NOW.
AND SO, UH, AS I'VE BEEN TRYING TO DO, UH, BE DISCIPLINED ABOUT, UH, NOT HAVING OPEN-ENDED DISCUSSIONS WITHOUT A MOTION, AT THIS TIME, I'LL RECOGNIZE ANYBODY WHO CARE TO MAKE A MOTION.
SUPPOSE I'LL AT LEAST GET US STARTED.
GIVEN THE LENGTH OF TIME THIS HAS BEEN AROUND, I JUST MOVED TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
IS THERE A SECOND? UH, SECONDED BY COMMISSIONER FRANCIS AND, UH, COMMISSIONER SHUGAR AS THE AUTHOR.
UH, I'LL RECOGNIZE YOU IF YOU'D LIKE TO DIS TO YEAH.
I'LL JUST, UH, SIDE WITH, UH, UH, INVESTIGATOR PNO.
APPARENTLY THIS HAS BEEN AROUND SINCE 2015.
INITIAL FIRE COMPLAINT IN 2022.
UM, YEAH, I GUESS A COMPLAINT DATE OF 2023.
IT'S SEEMS LIKE THIS PROPERTY HAS BEEN IN CONTINGENT FOR A WHILE.
SEEMS LIKE THERE'S BEEN TIME TO GET THESE FIXES DONE.
UM, ANY OTHER DISCUSSION? OKAY, UH, HEARING NONE, UH, I THINK THERE'S, THAT'S PROBABLY AS GOOD A REASON AS I NEED TO PUT THE QUESTION OF THE COMMISSION.
SO, UH, QUESTION OCCURS ON THE MOTION OF COMMISSIONER SHUGAR, A SECONDED BY COMMISSIONER FRANCIS TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
THIS WILL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
AYE, UH, COMMISSIONER FRANCIS.
THERE BEING SIX AYES AND NO NAYS.
THE, UH, STAFF'S RECOMMENDED ORDER IS ADOPTED.
THE MOTION IS ADOPTED, I SHOULD SAY, UH, MR. LE WIT YOU WILL RECEIVE A COPY OF THE ORDER IN THE MAIL AND, UH, I WOULD ENCOURAGE YOU TO, UM, REMAIN IN CONTACT WITH, UH, RELEVANT CODE OFFICIALS INSPECTOR PATERNO, UH, FOR ANY OTHER, UH, PROCESS QUESTIONS OR IMPLEMENTATION QUESTIONS.
AND WITH THAT, UH, THANK YOU FOR YOUR PARTICIPATION THIS EVENING AND, AND FOR YOUR TESTIMONY.
UH, WE APPRECIATE YOU BEING HERE AND, UH, UNLESS MR. EVERWINE ADVISES OTHERWISE, I THINK WE SHOULD PROBABLY GO TO CASE NUMBER TWO.
UH, I'M SORRY, I SHOULD SAY ITEM NUMBER TWO.
WE DO HAVE, UM, PEOPLE ONLINE FOR ITEM NUMBER FOUR, BUT WE HAVE, UH, SO I, I WOULD POTENTIALLY SUGGEST WE, I JUST WANTED TO LET YOU MAKE YOU AWARE.
I WASN'T SURE IF YOU WERE AWARE.
UH, THAT'S A, THAT'S A GOOD IDEA.
I THINK, UM, WE SHOULD DEFINITELY PRIORITIZE, UH, REPRESENTED CASES OVER UNREPRESENTED JUST BECAUSE FOLKS ARE WAITING.
I SEE THAT WE HAVE ONE COMMISSIONER OFF THE DAIS.
SO VICE CHAIR IS IN THE ROOM, BUT I BELIEVE QUORUM IS MOMENTARILY BROKEN, UH, BY THE ABSENCE OF COMMISSIONER DE LUGO.
SO WE'RE GONNA STAND AT EASE FOR JUST A MOMENT, UM, UNTIL HE RETURNS.
[02:25:55]
COMM COMMISSIONER SOCAL, I, I SHOULDN'T BE TELLING THIS, RIGHT? YEAH, YEAH.I JUST, COMMISSIONER FRANCIS
I DON'T KNOW WHAT THE TERM OF ART IS.
SO THE QUORUM IS BACK IN THE QUORUM IS BACK IN THE DAYS AT 9:03 PM AND, UH, WHERE WE LEFT OFF, WE HAD BEEN, UM, WE HAD
[4. Case Number: CL 2024-082038]
PROPERTY REPRESENTATIVES ON THE LINE FOR AGENDA ITEM NUMBER FOUR.IS THAT CORRECT? SO I THINK IT WAS NUMBER, NUMBER FOUR.
THIS IS THE PROPERTY AT, UM, 33 0 8 B BLOOMY STREET NUMBER FOUR.
AND SO, UH, UH, SO IF, IF YOU CAN HEAR US, UH, FOR THOSE WHO ARE ON THE LINE, UM, BE PREPARED TO UN UNMUTE YOURSELVES SHORTLY.
BUT WE'LL BEGIN BY, UH, WE'LL BEGIN WITH MR. EVERWINE.
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 8 2 3 8 AND IS REGARDING A RESIDENTIAL PROPERTY, UH, RESIDENTIAL DUPLEX PROPERTY LOCATED AT 33 0 8 BLUMES STREET.
THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE IS REGARDING A RESIDENTIAL DUPLEX STRUCTURE WITH AN ACCESSORY STRUCTURE.
THE CASE WAS OPENED IN OCTOBER OF 2021 AS THE RESULT OF A COMPLAINT.
THERE ARE NO PERMITS TO ADDRESS THE CURRENT DEFICIENCIES, UH, 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 J 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.
CODE ANALYST, UH, JAMES EVERWINE.
I'M A CITY OF AUSTIN CODE INVESTIGATOR IN THE CASE.
I AM PRESENTED BEFORE YOU WILL BE 4 33 0 8 NEY STREET OF AN EXTERIOR INSPECTION.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
THE PROPERTY HAS BEEN, HAS HAD AN OPEN, UH, CODE CASE, UH, CURRENTLY SINCE OCTOBER 20TH, 2021.
THIS NEXT OCTOBER, IN OCTOBER 25TH, 2023, I WAS REASSIGNED THIS PROPERTY.
AND UPON MY INSPECTIONS OF THIS PROPERTY IN ITS CASE, I FOUND THAT THE PROPERTY HAS MULTIPLE EXTERIOR IPMC VIOLATIONS.
ON MAY 13TH, 2023, THE PROPERTY WAS POSTED WITH THE NOTICE OF VIOLATION SINCE OCTOBER 20TH, 2021 THROUGH LAST WEEK, AUGUST 18TH OF THIS YEAR, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE AND HAVE FOUND SOME DEFICIENCIES HAVE BEEN PARTIALLY ADDRESSED, BUT MANY REMAIN THE FOLLOWING PHOTOGRAPHS I AM PRESENTING AS EVIDENCE ARE A REPRESENTATION OF THE MANY MULTIPLE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS.
EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE DUPLEX LOCATED AT 33 0 8 BLUME STREET.
EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE ENTRY TO THE LEFT OF THE DUPLEX.
THIS CONTEXTUAL PHOTOGRAPH IS ALSO SHOWING A BROKEN EXTERIOR LIGHT RIGHT ABOVE THE PORCH, WAY ALONG WITH DAMAGED FACIAL BOARDS AND BLOCKED EGRESS OF THIS ENTRYWAY.
[02:30:01]
OF THE ENTRYWAY TO THE RIGHT SIDE OF THE DUPLEX, SHOWING A LIGHT FIXTURE ALSO MISSING A PROPER COVER ALONG WITH ROTTED OUT JOISTS MEANT TO HOLD UP THE PORCH.YOU CAN ALSO SEE THE, IN THE SAME AREA WHERE THE SOFFIT HAS, UH, ROTTED OUT.
EXHIBIT 2D IS A REPRESENTATIVE EXAMPLE OF ANOTHER COMMON DEFICIENCY ALSO FOUND THROUGHOUT THE DUPLEX OF THE SIDING IN DISREPAIR, POSSIBLY ALLOWING FOR RAIN ELEMENTS AND VERMIN INTO THE STRUCTURE.
EXHIBIT TWO E, AGAIN, IS ANOTHER REPRESENTATIVE EXAMPLE OF THE EXTERIOR SIDING NEAR THE ROOF LINES, UH, AGAIN, ALLOWING FOR POSSIBLE RAIN ELEMENTS AND VERMIN INTO THE INTERIOR OF THE STRUCTURE.
EXHIBIT TWO F IS ANOTHER REPRESENTATIVE EXAMPLE OF THE EXTERIOR WINDOW TRIM IN DISREPAIR AND LACKING OF PROPER SUR UH, SURFACE COATING.
YOU CAN SEE WHERE, UH, THE RAIN HAS BEGUN TO ROT AWAY AT, UM, NOT ALONG, NOT JUST THE, UH, SIDING AS PREVIOUSLY SHOWN, BUT ALSO THE TRIM, UH, AROUND THE WINDOWS.
EXHIBIT TWO G IS A PHOTOGRAPH OF AN ACCESSORY STRUCTURE FOUND ON THE PROPERTY.
THE PHOTOGRAPH SHOWS THE CONDITION OF THE ROOF, UH, WHERE A CORNER HAS COMPLETELY COLLAPSED ALONG THE ROOF LINE.
MIDWAY THE STRUCTURE, YOU CAN ALSO SEE WHERE THE ROOF HAS ALSO BEGAN TO COLLAPSE.
EXHIBIT TWO H IS ANOTHER PHOTOGRAPH OF THE SAME ACCESSORY STRUCTURE FROM A DIFFERENT ANGLE SHOWING A DIFFERENT SECTION OF THE ROOF WITH A GAPING HOLE IN THE ROOF.
YOU CAN ALSO SEE THAT THIS SECTION OF FASCIA IS ALSO IN DISREPAIR.
EXHIBIT TWO I AND EXHIBITS TWO J ARE REPRESENTATIVE EXAMPLES OF OF ACCUMULATION OF TRASH, RUBBISH AND OR GARBAGE FOUND THROUGHOUT THE PROPERTY, ALONG WITH MULTIPLE INOPERATIVE UH, UNLICENSED MOTOR VEHICLES IN EXHIBIT TWO J.
YOU CAN ALSO SEE MORE OF THE ACCESSORY STRUCTURE'S ROOF IN DISREPAIR ALONG WITH A PART OF THE FACIA BOARD THAT HAS COLLAPSED AND PARTIALLY BLOCKING THAT DOORWAY.
UH, WITH THIS I WILL CONCLUDE MY PRESENTATION OF 33 0 8 BLOOMING STREET, AND I STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDED ORDER.
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 FACTS AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACTS 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 ACCESSORY 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.
UH, THANK YOU, UH, CODE ANALYST.
AT THIS TIME, IF THERE'S NO OBJECTION, I'LL GO AHEAD AND ADMIT EXHIBITS ONE AND TWO A THROUGH TWO J.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, AND UH, I WILL, UH, I WILL DO WE HAVE YOU SAY WE HAVE PROPERTY REPRESENTATIVES ON THE LINE? YES, WE HAVE, UH, RAMONA TOMEZ, THE OWNER AND HER ATTORNEY, UH, NIKKI COMPRI.
UH, IF BOTH OF YOU COULD PLEASE PRESS UH, STAR SIX TO UNMUTE YOURSELVES.
I'M ACTUALLY THE ATTORNEY FOR PENNY MAC LOAN SERVICES, THE LIEN HOLDER.
UH, MS. MS. ARI, UH, DO WE HAVE MS. TAMEZ? I'M HERE AND I HAVE NOT NEGLECTED THE PLACE.
I HAVE MY ARM, MY LEFT AND MY RIGHT ARM BROKEN.
I HAVE CANCER, I HAVE LUNG DISEASE, I GOT PACEMAKER.
I'VE BEEN DOING EVERYTHING POSSIBLE.
I ALREADY GOT THE ROOF ON THE HOUSE DONE.
THE MAN HAS NOT FINISHED THE OUTSIDE THE GARAGE IS IN THE PROCESS OF THAT GONNA BE DONE
[02:35:01]
IF THE, I GOT THE, THE NUMBERS TO PUT ON THE WORK ORDER SO THAT HE CAN FINISH THE GARAGE.ALL THAT IS BEEN, AND THE THINGS HERE OUTSIDE OF THE GARAGE, I AINT PUT 'EM THERE.
WHOEVER BROKE INTO MY GARAGE AND STOLE ALL THE SHELVES THAT I HAD FULL OF, UH, BRAND NEW GIFTS, THEY PUT ALL THAT STUFF OUT THERE.
THEY TOOK IT OUT OF THE GARAGE.
EVERYTHING WAS OUT AWAY FROM THERE.
BUT IT HELPS ME GET ALL THAT AND PICK IT ALL UP AND PUT IT INSIDE.
YOU KNOW, I HAD NEUROPATHY BUT I DIDN'T KNOW I'VE BEEN COOKING, PICKING UP, YOU KNOW, AND I USED TO WITH MY LUNG DISEASE BECAUSE I GOT BEEN AT WORK, I USED TO WORK FOR THE CITY 17 YEARS, PLAY WITH THE STREETS.
I, UH, MY BONES ACHE A LOT AND WHEN I GO OUTSIDE IN THE DAYTIME, I GET DEHYDRATED.
SO I DO IT AT NIGHT AND I HAD NOT GONE TO THE OTHER SIDE, THE RENTAL SIDE 'CAUSE I NEVER RAN.
I JUST HAVE ANTIA ON THE SIDE.
BUT, UH, AS FAR AS ME NEGLECTING THE PLACE, NO, I DON'T NEGLECT THE PLACE.
I JUST HAVEN'T HAD THE CHANCE TO GET EVERYTHING DONE.
NO, BUT THAT'S WHAT I'M FIXING TO DO.
I ALREADY GOT THAT THE OTHER HOUSE ON, ON FOR SALE.
I GOTTA BUY IT FOR IT AND I GONNA USE THAT MONEY TO REPAIR THE PAY UP WHAT NEEDS TO BE REPAIRED HERE.
BUT AS FAR AS ME NEGLECTING AND MY HUSBAND NEGLECTED NOTHING.
UH, THANK, THANK YOU MS. THOMAS.
WELL, LET ME ASK, UH, MS. CAMPARI ARE, SO YOU REPRESENT, YOU SAID PENNY MACK, THE LIEN HOLDER.
SO WOULD YOU, UH, DID YOU HAVE A ADDITIONAL, UM, DID YOU HAVE A TESTIMONY TO PROVIDE AS WELL? I DO NOT.
THEY ASKED ME TO ATTEND THIS HEARING TO REPORT BACK TO THEM WHAT THEY FOUND.
UM, YOU KNOW, THE PROPERTY BEING OCCUPIED, THEY DON'T HAVE ANY ABILITY TO ENTER THE PROPERTY AND MAKE ANY VIOLATION CORRECTIONS AT THIS TIME.
UH, I KNEW ABOUT THEM BEING GONNA BE THERE.
THEY ALREADY TOLD ME ABOUT, I WAS EXPECTING THEM TO BE THERE.
UM, AT THIS TIME, DO UH, DO MY FELLOW COMMISSIONERS HAVE QUESTIONS FOR EITHER THE CODE OFFICIAL OR THE PROPERTY REPRESENTATIVE? OKAY.
UM, I'M, WE NOT, UH, I EXPECT, EXCUSE ME, UH, WITHIN 30 DAYS WHEN THE HOUSE HELPS, I'M PAYING OFF THE HOUSE AND, BUT I'M REPAIRING EVERYTHING IN MY HOUSE AND IT'S SUPPOSED TO BE REPAIRED.
I HAVE NOT YET THE RENT AT THE OTHER HOUSE.
WE'RE NOT MAKING THE PAYMENTS ON THE RENT THAT I HAVE TO GET 'EM EVICTED.
AND THEY WENT AND DESTROYED THE HOUSE THREE DIFFERENT TIMES.
THE SAME PEOPLE THAT I HAD AT A DIFFERENT HOUSE.
I'VE NEVER HAD BAT RENTS LIKE THAT IN MY LIFE.
AND I'VE BEEN IN THIS, THIS HOUSE 25 YEARS UP HERE, YOU KNOW, SO IT'S, UH, NOTHING THAT I HAVE BEEN NEGLECTING.
UM, LIKE I'M NOT PAYING, I'M NOT PAYING EVERYTHING HERE.
BUT LIKE, NO, LIKE I SAID, I GOT MY, MY CUFF BROKEN IN ONE, THE OTHER ARM IS BROKEN.
I HAD, I HAD TO SIGN OUT MY, UH, BACK MY SPINAL CORD.
I NOTICED THAT WHEN I WALK, THERE'S LIKE, THE TOP AND THE BOTTOM ARE NOT CONNECTED.
SO I WENT AND GOT SOME X-RAYS.
MY, MY, UH, SPINE IS DOWN TO MY, AROUND PAST MY, MY, MY BREAST.
IT GOES ALL THE WAY TO THE LEFT.
MY, UH, SO MY SPINE IS NOT HOLDING ME UP.
I KIND OF WALK KIND OF BENT NOW.
BUT LIKE I SAID, I'VE BEEN A, UH, A COMMERCIAL GUY FOR 45 YEARS.
MAYBE THAT'S BEEN PART OF WHY MY BACK IS RIGHT THERE TOO.
UH, MS. THOMAS, A QUICK QUESTION.
I THOUGHT I HEARD YOU SAY THAT YOU WOULD ANTICIPATE ANOTHER SALE AND THAT YOU WOULD HAVE THE FUNDS WITHIN 30 DAYS TO BEGIN TO CLEAN UP THE PROPERTY.
THE, IS THAT CORRECT? HOW THE LADY, PARDON ME? I REPEAT YOURSELF AGAIN.
DID YOU SAY YOU WOULD HAVE THE FUNDS WITHIN 30 DAYS TO BEGIN CLEANING UP THE PROPERTY? THE LADY SAID WE WERE CLOSE.
THAT'S WHEN THE LADY SAID THEY WERE GONNA, UH, NO, THAT REAL ESTATE WANTS TO BUY THE HOUSE.
SO I'M FIXING TO NO, SELL IT AND GO AHEAD AND FIX THIS HOUSE HERE.
WHAT NEEDS TO BE REPAIRED? THE OTHER, THE ROOF'S SUPPOSED TO BE DONE, UH, PROBABLY NEXT, WITHIN BETWEEN NINE NEXT MONTH BECAUSE I HAVE THE PAPERWORK ALREADY CALLED THE ROOF FOR TO COME AND GET THE NIGEL MONTH AND THE COST SO WE COULD SEND IT TO THE INSURANCE COMPANY.
THEY, THEY WERE THEY SUPPOSED TO PAY AS FAR AS THE FEES? I DON'T HAVE NO PROBLEM WITH THEM AT ALL.
BUT AS FAR AS ME NEGLECTING THE HOUSE, THE, THAT PART, WHENEVER WE USED THE SPRINKLERS, THE WATER, MY YARD,
[02:40:01]
THAT'S WHEN THE WATER WAS HIT.THE, THE SIGN RIGHT HERE IN FRONT, THERE'S ONLY A SIGN JUST MESSED UP RIGHT IN FRONT, NEXT TO THE FRONT WINDOW AND THE PIECE OF BOARD THERE AND ONE IN THE BACK WINDOW.
BUT AS FAR WE NEGLECTING THE HOUSE, NO, I NEGLECTED, I'VE BEEN REAL SICK.
BUT I'M STILL GOING AFTER THAT.
BUT NOW I'M NOT NEGLECTING MASTER.
MY FOURTH HOUSE I BOUGHT, I DIDN'T BUY IT SINCE I WAS 17 YEARS OLD.
I HAVE TO GET MARRIED AT 12 YEARS OLD.
DO YOU, UH, SO THE LAST THING, DO YOU HAVE ANY QUESTIONS FOR, UH, INVESTIGATOR CERNA? NO, NOT AT ALL.
I'VE HEARD, I'VE HEARD OF HIM, BUT NO, I'M LYING.
NOTHING, NOTHING SAID BAD ABOUT HIM.
YOU KNOW, I APPRECIATE EVERYTHING AND LEAST KNOW WHAT HE, HE SEEN THAT MAYBE I MISSED.
BUT I KNOW ABOUT ALL THE STUFF THAT FRONT OF THE GARAGE.
IT'S A PIECE THAT STOLE ALL THE GIFTS.
MY, MY, MY DAUGHTER HAD GAVE IT FOR THE YEARS.
AND THE BIG TOOL BOX THAT, THOSE ARE ABOUT FOUR
IT'S TWO BOX TOOLS, BIKES AND EVERYTHING.
THEY STOLE IT ALL OUT OF MY GARAGE.
AND, UH, THEN THAT, THE OTHER SIDE, LIKE I SAID, I KEEP ANTIQUES ON THE OTHER SIDE AND I'VE BEEN TRYING THE, THE LIGHT ON.
WHY IS SIT ON? BECAUSE THEY'RE GOING IN THERE AND I WAS HEARING NOISES AND I DIDN'T KNOW WHY I WAS HERE.
LIKE, S SOMEBODY'S BEEN IN THERE AND THEN I WALKED IN THERE.
THEY GOT TWO BY FOUR HOLDING THE FRESH WINDOWS.
I PUT THE FRESH WINDOWS IN BETWEEN BEFORE THEY, THEY BOARD IT, SO I WON'T GO TO THE OTHER SIDE.
IF THEY'RE THERE, I'M HEARING THEM.
NO, I'VE BEEN GOING THROUGH A LOT.
NOBODY KNOWS THAT I'VE BEEN GOING THROUGH HERE.
I THOUGHT YOU DID ANYTHING WRONG.
UH, SO WOULD ANYBODY LIKE TO MOVE TO CLOSE THE PUBLIC HEARING? VICE CHAIR? I'LL MOVE TO CLOSE.
UH, COMMISSIONER SHUGART SECONDS.
UH, IT'S, UH, THE AYES HAVE IT.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
MS. TAMEZ, WHAT THAT MEANS FOR YOU IS THAT, UH, WE'RE GONNA ASK THAT YOU, YOU REMAIN ON THE PHONE FOR A MOMENT WHILE WE, UH, WHILE WE DISCUSS THE CASE, WE WON'T, UH MM-HMM.
YOU, YOU WON'T, UH, PROVIDE ANY ADDITIONAL AFFIRMATIVE TESTIMONY, BUT WE MAY HAVE QUESTIONS OF YOU.
SO, UM, SO JUST, UH, IF YOU WOULDN'T MIND, STAY NEARBY, BUT, UH, BUT, UH, YOU CAN FINISH YOUR PATIENCE AND HAVE IT HERE.
SO DOES ANYBODY HAVE A, DOES ANYBODY HAVE A MOTION ON THE STAFF'S PROPOSED ACTION? VICE CHAIR, I'LL MOVE TO, UH, ADOPT STAFF'S PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMENDED ORDER.
UH, DO IS, IS THERE A SECOND? SECOND.
COMMISSIONER FRANCIS SECONDS, UH, VICE CHAIR AS THE AUTHOR OF THE MOTION.
I'LL LET YOU BEGIN DISCUSSION IF YOU'D LIKE.
UH, YEAH, I MEAN, I, I I DON'T SEE ANY REASON NECESSARILY TO AMEND THE ORDER.
UM, WE HAVEN'T BEEN REQUESTED TO, UM, UH, CHANGE THE, UH, TIMING.
UM, THOUGH I, I'M NOT NECESSARILY OPPOSED TO SUCH A THING IF IT WERE ASKED FOR, BUT, UM, UH, YEAH, JUST IN LIGHT OF THAT, I, I DON'T SEE ANY REASON TO CHANGE THE ORDER AS IT WAS RECOMMENDED.
IS THERE ANY OTHER DISCUSSION? COMMISSIONER FRANCIS? NO.
UH, THEN I THINK WITH THAT, I'M GONNA PUT THE QUESTION TO THE COMMISSION.
UH, SO A QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL IS SECONDED BY COMMISSIONER FRANCIS TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITHOUT CHANGES.
THIS WILL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
THERE BEING SIX AYES AND NO NAYS.
UH, MS. TAMEZ, THANK YOU FOR BEING HERE THIS EVENING.
YOU WILL RECEIVE A COPY OF THE ORDER.
IF YOU HAVE QUESTIONS ABOUT COMPLIANCE OR IMPLEMENTATION, FEEL FREE TO, UH, CONTACT, UH, INVESTIGATOR SERNA, UM, OR, AND, UH, AND WE, UH, WE WISH YOU THE BEST.
[02:45:01]
YOU.DO I STAY ON HER LINE STILL, SIR? BEG? I'M SORRY.
YOU STILL WANT ME TO STAY ON THE LINE? NO, YOU, YOU DON'T NEED TO REMAIN ON THE LINE.
YOU'RE FREE TO, UH, YOU'RE FREE TO DISCONNECT NOW.
AND Y'ALL WERE SENDING SOME PAPERWORK IN THE MAIL, RIGHT? THAT'S CORRECT.
UM, THANK YOU MS. SO, UH, CODE ANALYST EVERWINE, SHOULD WE GO TO NUMBER
[2. Case Number: CL 2024-067722 (Part 2 of 2)]
AGENDA ITEM TWO TWO? YES, SIR.UM, AT LONG LAST
WE MIGHT HAVE A CITY STAFF ONLINE WHERE SHE'S CHECKING, BUT, OKAY.
WELL, YOU'RE FREE TO BEGIN IF YOU'D LIKE.
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2024 DASH OH 6 7 7 2 2 AND IS REGARDING THE PROPERTY LOCATED AT 7 5 0 1 BLESSING AVENUE.
STAFF EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE WAS OPENED IN JANUARY, 2024 AS THE RESULT OF A COMPLAINT.
THE CASE IS ABOUT A CIVIC USE PROPERTY WITH HISTORIC SIGNIFICANCE THAT HAS SIGNIFICANT FIRE DAMAGE.
UH, THE PROPERTY IS IN CLOSE PROXIMITY TO THE ST.
JOHN BRANCH, AUSTIN PUBLIC LIBRARY, AND THE VIRGINIA L. BROWN RECREATION CENTER.
THERE ARE NO ACTIVE TRADE PERMITS FOR THIS PROPERTY RELATED TO THE SIDE VIOLATIONS.
THE PROPERTY CONSISTS OF A PRIMARY STRUCTURE AND THREE ACCESSORY STRUCTURES.
THESE STRUCTURES ARE CONSIDERED A PUBLIC AND AN ATTRACTIVE NUISANCE, AND ARE CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING, AND THE REQUIRED POSTINGS.
AND A, UM, FIRE INCIDENT REPORT AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO U, AND THE RECOMMENDED ORDER CODE INSPECTOR CHRIS PALEO IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WILL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INSPECTOR PALEO, PLEASE BEGIN YOUR TESTIMONY.
I AM THE INSPECTOR FOR THE DEVELOPMENT SERVICE DEPARTMENT CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL PROPERTY LOCATED AT 75 0 1 BLESSING AVENUE.
THE OWNER OF THE RECORD, THE OWNER OF RECORD, HAS BEEN IDENTIFIED AS JOHN'S REGULAR BAPTIST ASSOCIATION ON DECEMBER 30TH, 2023, A FIRE DAMAGE TO THE CHAPEL AND THE ATTACHED STRUCTURES.
THE CODE DEPARTMENT RECEIVED AN EMAIL FROM THE FIRE DEPARTMENT REQUESTING US TO RESTRICT, I'M SORRY, TO SECURE THE STRUCTURES ON JANUARY 2ND, 2024.
I WAS ASSIGNED THE, I WAS ASSIGNED THE CASE AND COMPLETED THE INITIAL INSPECTION.
THIS PROPERTY CONSISTS OF FOUR VACANT STRUCTURES.
I WAS ABLE TO SEE ALL, ALL STRUCTURES HAD BEEN ALSO VANDALIZED.
I CONTACTED MR. A W AMES, THE CARE, UH, TAKER OF THE PROPERTY TO INFORM HIM THAT THE, AFTER MY INSPECTION, THE PROPERTY THAT I'M SORRY, AND INFORMED HIM THAT I WAS INSPECTING THE PROPERTY AND THAT ALL FOUR STRUCTURES NEEDED TO BE SECURED IMMEDIATELY.
JANUARY 5TH, 2024, WE COMPLETED AN EMERGENCY BOARD UP OF THE PROPERTY.
INSPECTOR DAVID CRUZ COMPLETED THE, COMPLETED THE BOARD UP AND FOLLOWED AN INSPECTION AND CONFIRMED THAT THE CHAPEL AND THE ADJACENT BUILDINGS WERE BOARDED AND SECURED.
THE CASE WAS DOCUMENTED AND A NOTICE OF VIOLATION WAS MAILED TO THE OWNER.
DETAILING THE DESCRIPTION OF THE VIOLATIONS, VIOLATIONS REMAIN THE SAME AND PERMITS HAVE NOT BEEN OBTAINED.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
THE INITIAL INSPECTION WAS CONDUCTED AND THE FOLLOWING VIOLATIONS WERE OBSERVED.
THIS PHOTO TWO A, THIS PHOTO SHOWS THE CHURCH MARQUIS AND IT LISTS THE NAME AND THE ADDRESS OF THE CHURCH.
THIS IS PART OF THEIR PROPERTY.
IT'S A VACANT LOT ACROSS FROM THE LIBRARY.
THIS PHOTO SHOWS THE VIEW OF THE LEFT SIDE STRUCTURE ATTACHED TO THE CHAPEL.
[02:50:01]
CAN SEE THE FIRE DAMAGE TO THE MAIN ENTRANCE, WINDOWS AND ROOF.IS A PHOTO IS CLO IS A CLOSEUP PHOTO OF THE SAME BUILDING THAT IS ATTACHED TO THE CHAPEL.
THIS VIEW IS THE LEFT SIDE VIEW OF THE BUILDING HERE.
YOU CLEARLY, CLEARLY SEE THE, I'M SORRY.
YOU COULD CLEARLY SEE THE FIRE DAMAGE.
THE ROOF, FASCIA, AND SOFFIT HAVE ALSO BEEN DAMAGED AND COMPROMISED.
THE WINDOWS HAVE BEEN SECURED.
THIS PHOTO WAS TAKEN FROM THE REAR OF THE SAME STRUCTURE.
IN THIS PHOTO, YOU CAN SEE A LARGE CRACK IN THE BRICK BRICK WALL OF THE BUILDING.
AND THIS PHOTO WAS TAKEN FROM THE REAR OF THE SAME VIL STRUCTURE.
IN THIS PHOTO, YOU CAN SEE THE ELECTRICAL OUTLET THAT HAS BEEN FI, UH, DAMAGED BY THE FIRE.
AND ALL THE WINDOWS AND DOORS HAVE BEEN SECURED ON THIS BUILDING.
A TWO F IN THIS PHOTO IS ALSO TAKEN FROM THE REAR OF THE, OF THE SAME BUILDING.
IN THIS PHOTO, YOU WILL SEE THE FIRE DEPARTMENT, I'M SORRY, THE FIRE DAMAGE TO THE ROOF FACIAL AND THE HEATING AND COOLING SYSTEM.
ALL THE WINDOWS AND DOORS HAVE ALSO BEEN SECURED TO THIS BUILDING.
THIS PHOTO WAS TAKEN FROM THE REAR OF THE SAME BUILDING.
YOU CAN SEE THE FIRE DAMAGE TO THE BRICK WALL, BRICK WALL, ROOF, SOFFIT, AND FACIAL.
ALL WINDOWS AND DOORS ARE ALSO SECURED FROM THIS BUILDING.
THIS PHOTO IS THE LEFT SIDE OF THE CHAPEL.
FROM THIS ANGLE, YOU CAN SEE THE FIRE DAMAGE TO THE SOFFIT, FACIAL, FACIAL AND HAS ELECTRICAL DAMAGE AS WELL AND EXPOSED TO THE ELEMENTS.
OKAY, TO I, THIS PHOTO IS A VIEW OF THE REAR OF THE, THE REAR OF THE BUILDING ATTACHED TO THE STRUCTURE TO THE CHAPEL.
THE FASCIA SOFFIT IS ALSO DAMAGED BY THE FIRE TO J.
THIS IS A CLOSEUP OF THE SAME BUILDING.
YOU CAN SEE THAT THE FIRE DAMAGE TO THE FASCIA S UH, SOFFIT AND ROOF.
THIS PHOTO IS THE VIEW OF THE REAR OF THE ATTACHED STRUCTURE TO THE CHAPEL.
YOU CAN SEE THE FIRE DAMAGE TO THE FASCIA, SOFFIT AND ROOF, AND EXPOSED TO THE ELEMENTS.
THE ELECTRICAL HAS ALSO BEEN DAMAGED AND THE WIRES ARE NOT SECURED.
THIS PHOTO IS A CLOSEUP VIEW OF THE REAR OF THE ATTACHED STRUCTURE TO THE CHAPEL.
HERE YOU CAN SEE THE EXTENSIVE FIRE DAMAGE TO THE FASCIA, SOFFIT, ROOF, AND SUPPORTING BEAM, ALSO EXPOSED TO THE, TO THE ELEMENTS.
THIS PHOTO IS A VIEW OF A DETACHED STRUCTURE LOCATED, UH, RIGHT SIDE REAR OF THE CHAPEL, KNOWN AS THE FELLOW A FELLOWSHIP HALL.
THIS BUILDING HAS BEEN SECURED, AND I'M SORRY, THIS BUILDING HAS BEEN SECURED TO PREVENT FURTHER VANDALISM.
THIS PHOTO IS A VIEW OF THE SAME DETACHED STRUCTURE LOCATED RIGHT SIDE REAR OF THE CHAPEL, KNOWN AS A FELLOWSHIP HALL.
YOU CAN SEE THAT THE BUILDING HAS, I'M SORRY.
AS YOU CAN SEE THAT THE BUILDING HAS THE PLUMBING REMOVED DUE TO THE VANDALISM.
WE HAVE SECURED THIS BUILDING DOORS AND WINDOWS.
THIS PHOTO IS A LEFT SIDE VIEW OF THE SAME DETACHED STRUCTURE LOCATED RIGHT REAR OF THE CHAPEL, KNOWN AS THE FELLOWSHIP HALL AS WELL.
AND YOU CAN SEE THE WINDOWS HAVE BEEN BROKEN AND WE HAVE SECURED THE BUILDING PREVENTING FURTHER VANDALISM.
THIS PHOTO IS FROM THE LEFT'S VIEW.
I'M SORRY, LEFT SIDE VIEW OF THE DETACHED STRUCTURE LOCATED BEHIND THE CHAPEL, POSSIBLY KNOWN AS THE CLASSROOMS ON AUGUST, 2024.
WE HAD COMPLETED, WE HAD, WE HAD COMPLETED A SECOND EMERGENCY BOARD UP OF THIS PROPERTY, BASICALLY SECURING ALL THE STRUCTURES.
THIS PHOTO WAS TAKEN ON AUGUST 27TH, 2024, AND IT SHOWS THAT THE PLYWOOD HAS BEEN REMOVED SINCE THEN.
THIS PHOTO IS THE LEFT SIDE VIEW OF THE DETACHED STRUCTURE LOCATED BEHIND THE CHAPEL, POSSIBLY KNOWN AS THE CLASSROOM AREA BUILDING.
AS YOU CAN SEE, THE ELECTRICAL BOX HAS BEEN VANDALIZED AND THE WIRING EXPOSED.
OUR, THIS PHOTO IS FROM THE VIEW, I'M SORRY.
THIS PHOTO IS FROM THE REAR VIEW OF THE DETACHED STRUCTURE LOCATED BEHIND THE CHAPTER, UH, CHAPEL.
ALL DOORS AND WINDOWS HAVE BEEN SECURED AND TO PREVENT ACCESS.
[02:55:02]
AND TWO S, THIS PHOTO IS FROM THE VIEW, VIEW OF THE DETACHED STRUCTURE.YOU CAN SEE DAMAGE TO THE SOFFIT AND YOU, YOU CAN SEE DAMAGE TO THE SOFFIT, WHICH ALLOWS ACCESS FOR RODENTS TWO T.
THIS PHOTO IS FROM THE REAR VIEW OF THE DETACHED STRUCTURE LOCATED BEHIND THE CHAPEL, POSSIBLY KNOWN AS THE CLASSROOM DAMAGE TO THE SOFFIT AND ROOF.
THE ELECTRICAL EXPOSED TO THE ELEMENTS ROTTEN WOOD FRAME DUE TO THE EXPOSED OF THE ELEMENTS AS WELL.
TO YOU, THIS PHOTO IS FROM THE REAR VIEW OF THE DETACHED STRUCTURE.
AND THIS PHOTO SHOWS EX, UH, EXTERNAL PLUMBING P UH, PVC PIPE THAT HAS BEEN DAMAGED, THAT IS LOCATED BEHIND THE STRUCTURE.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED DANGEROUS AND 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 REQUESTED 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 FOUR CIVIC USE STRUCTURES 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, MAINTAIN THE SECURITY OF THE PROPERTY TO ALLEVIATE ITS ATTRACTIVENESS AS A PUBLIC NUISANCE UNTIL ALL REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND THREE, 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 WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
UH, IF THERE'S THIS TIME, IF THERE'S NO OBJECTION, I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO U.
HEARING NONE THE, UH, EXHIBITS ARE ADMITTED.
AND, UH, JUST ONE LAST CALL FOR DO WE HAVE, UH, ANYONE ON LINE WISHING OR, UH, TO TESTIFY? ANYONE REMOTING IN IS KALIN CONTRERAS THERE? SHE'S, HI EVERYONE.
I'M KALIN CONTRERAS, THE CITY'S HISTORIC PRESERVATION OFFICER.
UM, I'M JUST HERE AS A RESOURCE TO BOTH CITY STAFF AND THE COMMISSION AS WELL AS THE PROPERTY OWNERS, AS THIS IS A SIGNIFICANT HISTORIC PROPERTY.
UM, AND, UM, ANY DEMOLITION, UM, THAT WOULD OCCUR ON THIS PROPERTY WOULD NEED TO GO BEFORE THE HISTORIC LANDMARK COMMISSION.
SO, UM, I'M HOPEFUL THAT, UM, THIS, UH, PROPERTY OWNER IS ABLE TO, UM, COME INTO COMPLIANCE WITH THE REPAIRS THAT ARE ORDERED.
UM, BUT IF THEY HAVE ANY QUESTIONS OR IF STAFF HAS ANY QUESTIONS, UM, I'M HERE.
UM, AND Y'ALL CAN REACH OUT TO ME WHENEVER YOU NEED.
UM, DOES, DO ANY OF MY FELLOW COMMISSIONERS HAVE QUESTIONS FOR, UH, VICE CHAIR? UH, THIS IS JUST A QUESTION FOR, UM, THE STAFF PRESENTERS.
HAVE Y'ALL BEEN ABLE TO, UH, GET IN CONTACT WITH THE PROPERTY OWNERS? HAVE THEY BEEN LIKE, COMMUNICATIVE? SO I, I'VE MADE CONTACT WITH A CARETAKER.
UM, IN THE BEGINNING HE WAS COMPLYING BECAUSE OUR, THE PROPERTY IS VACANT.
UM, WE HAD PEOPLE BREAK INTO THE PROPERTY AND HE WOULD GO AND SECURE IT.
UM, I DIDN'T HEAR ANYTHING FROM HIM THE PAST TWO MONTHS.
SO WE'VE BEEN SECURING THE BUILDING OURSELVES.
AND AS YOU SAW THE LAST PHOTO THERE, IT, WITHIN A SEVEN DAYS, UH, PERIOD, THE BUILDING HAS BEEN ACCESSED AGAIN.
AND, UM, THERE IS THIS ELEMENTARY, I'M SORRY, THERE IS A LIBRARY AND THEN THE RECREATION CENTER, WHICH IS ACROSS THE STREET FROM THE MAIN PROPERTY THERE, YOU DO HAVE APARTMENT COMPLEX TO THE RIGHT.
UM, CHILDREN ACCESS THAT AREA TO AND FROM THE RECREATION.
UM, AND MOST OF THE, UM, RESIDENTS AROUND THE AREA ARE CONCERNED REGARDING THAT.
UM, I ALSO JUST HAD ONE QUESTION FOR, UH, MS. CONTRERAS.
UM, JUST IN YOUR EXPERIENCE AS, AS SOMETHING OF, YOU KNOW, MORE OF AN EXPERT, I SUPPOSE, ON HISTORIC PROPERTIES, UM, THEN WE ARE, I I, IS THERE ANY RISK PERHAPS THAT IF WE PUT THIS RATHER HEFTY PENALTY ON THE PROPERTY, DO, DOES THAT POTENTIALLY INCREASE THE RISK
[03:00:01]
OF, YOU KNOW, DEMOLITION OR DEFAULT OR, OR SOMETHING ALONG THOSE LINES? I, I'M JUST WONDERING WHAT THE, IF THERE'S SOME SPECIAL CONSIDERATION WE SHOULD TAKE FOR ITS HISTORIC NATURE HERE, IF THAT MAKES SENSE.UM, I'M NOT SURE THAT I CAN GIVE A SUPER CLEAR ANSWER ON THAT.
UM, BECAUSE EVERY PROPERTY IS DIFFERENT AND EACH LEVEL OF DAMAGE IS, IS DIFFERENT.
UM, I THINK THAT, UM, ANYTHING WE CAN DO TO INCENTIVIZE REPAIRS, UM, OVER, UM, POTENTIALLY ENCOURAGING DEMOLITION OR INCREASED DETERIORATION, UM, IS OF UTMOST IMPORTANCE IN THIS CASE.
UM, WE WANNA MAKE SURE THAT THIS PROPERTY IS ABLE TO REMAIN STANDING AND, UH, BE ABLE TO CONVEY ITS HIS, ITS HISTORIC SIGNIFICANCE, UM, FOR AS LONG AS POSSIBLE.
UM, SO I WILL, UH, I'LL LEAVE IT UP TO Y'ALL.
Y'ALL ARE THE EXPERTS ON ASSESSING THE PENALTIES AND ASSESSING THE, THE LEVEL OF DAMAGES, UM, THAT ARE, UM, YOU KNOW, THAT, THAT GO ALONG WITH THOSE PENALTIES.
BUT, UM, I DO THINK THAT WHATEVER WE CAN DO TO, UM, KEEP THIS AS A REPAIR RATHER THAN AS A PARTIAL OR FULL DEMOLITION, UM, IS, IS, UM, IT'S IDEAL.
ALRIGHT, THANK YOU VICE CHAIR.
UM, WHAT WAS RODRIGUEZ? SUPERVISOR FOR? NORTH CENTRAL? UM, CHRIS LIAO HAS BEEN CONTACTING HIM, BUT THEY HAVEN'T WANTED TO HAVE A MEETING WITH US YET.
WE HAVE TWO LIENS, ONE FOR 4,000 THAT HASN'T BEEN PAID.
ANOTHER ONE FOR FIVE FOR 4,700 FOR THE BOARD AND SECURE FOR THE FENCING.
WE'RE HOPING TO GET 'EM, UH, IN FRONT OF US TO TELL US WHAT WAS THEIR GAME PLAN.
BUT IN THE NOTICE SHE DID REFERENCE OBTAIN PERMITS AND WE'RE HOPING WHEN THEY DID THAT THEY WOULD BRING THIS ENGINEER DRAWING AND EXPLAIN TO US, YES, WE'RE GONNA RESTORE THIS WALL, DO THIS, BUT NOTHING'S HAPPENED WHERE THEY HAVEN'T EVEN PULLED A PERMIT.
AND AS YOU CAN TELL, IT'S BEEN NEGLECTED.
SHE'S BOARDED UP ONCE, BOARDED UP AGAIN, AND WE'RE GONNA HAVE TO BOARD IT UP AGAIN.
UM, ANYONE ELSE? WELL, WOULD ANYONE LIKE TO MOVE TO CLOSE? I'LL MOVE TO CLOSE.
THE MOTION, UH, IS TO CLOSE THE PUBLIC HEARING BY VICE CHAIR CAMPBELL.
SECONDED BY COMMISSIONER SHUGAR.
ALL IN FAVOR, PLEASE INDICATE BY SAYING AYE.
THE UH, PUBLIC HEARING IS CLOSED.
UH, WOULD ANYONE LIKE TO MAKE A MOTION CHAIR YES.
MOVE TO ADOPT THE STAFF'S FINDINGS OF FACTS AND COLLUDES OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY? OKAY.
COMMISSIONER FRANCIS HAS MOVED TO ADOPT THE STAFF'S PROPOSED ACTION.
ANY, ANY SECONDS? I'LL SECOND COMMISSIONER SHUGART SECONDS.
IS THERE ANY, UH, COMMISSIONER FRANCIS, DO YOU HAVE ANY DISCUSSION? ANYONE ELSE? OKAY.
SO THE, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER SHUGART TO ADOPT STAFF'S FINDINGS OF FACT, UH, CONCLUSIONS OF LAW AND RECOMMENDED ORDER.
UH, IT'LL BE A ROLL CALL VOTE.
I'LL BEGIN WITH COMMISSIONER SOCAL AYE.
THERE BEING SIX AYES, NO NAYS.
THE COMMISSION, UH, SORRY, THE MOTION CARRIES, UH, IS ADOPTED.
UH, THE, UH, ORDER WILL BE MAILED TO THE PROPERTY REPRESENTATIVE.
AND, UM, I WANT TO THANK STAFF FOR YOUR TIME THIS EVENING.
[8. Case Number: CV 2024-079002]
MOVE ON TO AGENDA ITEM NUMBER EIGHT CONCERNING A PROPERTY AT 12 3 45 ALAMEDA TRACE CIRCLE.AND, UM, AS I UNDERSTAND, WE DON'T HAVE ANYONE REMOTING IN TO TESTIFY ON THAT ONE.
WE HAVE, UH, TWO, UH, PEOPLE REMOTING IN.
I, UH, I WOULD'VE GONE TO THAT ONE BEFORE THE UNREPRESENTED PROPERTY IF I'D KNOWN.
WHO DO WE, UM, WHO DO WE HAVE ONLINE PLEASE? IS IT, UH, IS THIS, UH, OH, UH, MS. MCGREGOR AND MR. DILL, IS THAT RIGHT? OR MS. DILL? CORRECT, YES.
AND, UH, OKAY, SO FIRST WE'LL GO TO, UM, WE'LL GO TO CODE ANALYST NUMBER ONE TO, UH, TO OPEN.
ITEM NUMBER EIGHT ON THE AGENDA IS AN APPEAL REGARDING 1 2 3, 4 5 EDTA TRACE CIRCLE.
THE CASE NUMBER IS CV 2024 DASH OH 7 9 0 2.
THE CASE CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS
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OR GOOGLE DRIVE HOLDER.THIS APPEAL BEGAN AS A COMPLAINT ABOUT PLUMBING ISSUES AT THE PROPERTY, WHICH WERE CONFIRMED BY DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE CITATION OF AN ADDITIONAL CODE VIOLATION.
UM, THE OWNER FILED AN APPEAL OF NOTICE OF VIOLATION, WHICH IS WHY WE'RE HERE TONIGHT.
HERE ARE SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS JUNE 21ST, 2024.
THE NOTICE OF VIOLATION INCLUDED ONE STRUCTURE MAINTENANCE VIOLATION, WHICH HAS NOT BEEN CLEARED IN THE READERS OR GOOGLE DRIVE HOLDER.
YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO.
EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, NOTICES A VIOLATION AND NOTICES, UM, FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J AND DEVELOPMENT SERVICES DEPARTMENT.
UH, RECOMMENDATION INSPECTOR LAUREN TAGGART IS HERE TONIGHT, UH, TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
AND INSPECTOR TAGGART, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LAUREN TAGGART AND I'M THE CODE ENFORCEMENT OFFICER WITH DEVELOPMENT SERVICES DEPARTMENT CODE DIVISION.
THIS CASE I'M PRESENTING TO YOU TONIGHT IS FOR 1 2 3 4 5 ALAMEDA TRACE HERE IN AUSTIN, TEXAS ON JUNE 24TH, 2024.
I RESPONDED TO A CALL TO THIS LOCATION FOR BUILDING SEVEN UNIT SEVEN TWENTY FIVE.
THIS WAS A CALL THAT CAME IN THROUGH AUSTIN 3 1 1 FOR PLUMBING ISSUES, DRAIN WATER LEAKS, CLOGGED PIPES, SEWER LEAKS, SPILLS.
AT THE TIME OF MY ARRIVAL, I WAS ABLE TO MAKE CONTACT WITH THE TENANT OF UNIT 7 2 5.
THE TENANT ALLOWED ME ACCESS INTO THE UNIT WHERE I OBSERVED CRACKS, MISSING PAINT, LOOSE PLASTER ON THE CEILINGS IN THE KITCHEN AND THE LIVING ROOM AS WELL AS THE EXTERIOR HALL WALLS IN THE CEILING OF BUILDING SEVEN.
THIS HAD ALL OCCURRED DUE TO A PRIOR LEAK IN THE BUILDING.
I FOUND THE CRAFTSMANSHIP OF THE REPAIRS NOT TO MEET MINIMUM STANDARDS.
THE TENANT INFORMED ME THAT HE HAD NOTIFIED MANAGEMENT CONCERNING THESE ISSUES AND THAT MANAGEMENT HAD SENT CONTRACTORS TO THE UNIT TO MAKE THE REPAIRS, BUT THAT THE REPAIRS DID NOT HOLD LAST OR HOLD UP.
AND NOW THE CONDITIONS ARE IN THE UNIT ARE DETERIORATING AGAIN AND THAT IS WHEN THE 3 1 1 COMPLAINT WAS CALLED IN.
I INFORMED THE TENANT THAT I WOULD BE SENDING NOTICE OF VIOLATION TO THE OWNER OF THE RECORD ON TRAVIS COUNTY APPRAISAL DISTRICT ON JUNE 24TH, 2024.
I SENT NOTICE TO THE OWNER WHO IS REFLECTED TO BPP ALPHABET, MF RETA LP.
I GAVE 30 DAYS TO MAKE THE REPAIRS FOR BUILDING SEVEN AND UNIT 7 25 WHERE THE DAMAGE HAD OCCURRED.
ON AUGUST 7TH, 2024, CODE ENFORCEMENT OFFICER GABRIEL MARTINEZ CONDUCTED A FOLLOW UP TO THE UNIT AND OBSERVED SHEET ROCK RETAPED AND FLOATED AND REPAINTED THE TAPE AND FLOAT AREAS HAD CRACKING AND HE FELT LIKE MORE ATTENTION WAS NEEDED TO DETERMINE IF THE SHEET ROCK WAS ACTUALLY DRY.
PRIOR TO THE REPAIRS BEING MADE ON AUGUST 8TH, 2024, I CON I CONDUCTED A FOLLOW UP TO THIS LOCATION AND WAS ABLE TO MEET WITH MANAGEMENT AND WAS ABLE TO SPEAK WITH CORY DILL, THE MAINTENANCE SUPERVISOR.
I SHOWED HIM THE PHOTOS THAT WERE TAKEN DURING OUR FOLLOW UP ON AUGUST 7TH.
I ALSO SENT CORY DILL THE PHOTOS SHOWING THE CURRENT CONDITIONS OF THE UNIT OF 7 25.
HE INFORMED ME THAT HE WOULD BE MAKING THE REPAIRS.
HE ALSO INFORMED ME THAT HE HAD TRIED TO MAKE THE REPAIRS BUT HAD BEEN DENIED A COUPLE OF TIMES, BUT ASSURED THAT ASSURED ME THAT HE WOULD CONTINUE TO WORK ON GETTING THE REPAIRS DONE TO THE UNIT AS WELL AS THE HALLWAY.
AT THIS TIME, I WILL SHOW YOU MY PHOTOS SHOWING THE CONDITIONS OF THE PROPERTY AND PHOTOS MARKED TWO A.
THIS IS A CONJECTURAL PHOTO SHOWING THE BUILDING ADDRESS.
THIS IS JUST SHOWING THE UNIT 7 25 ON MY INITIAL INSPECTION.
TWO C IS SHOWING SOME SHEET ROCK WORK THAT WAS DONE PRIOR TO MY VISIT THAT DID NOT MEET THE MINIMUM STANDARD REQUIREMENTS FOR REPAIRS.
THE TAPE AND FLOAT WORK THAT HAD BEEN HAD STARTED TO COME LOOSE FROM THE CEILING 2D SHOWING THE CRACKS IN THE LIVING ROOM WALL FROM PREVIOUS REPAIR WORK THAT HAD BEEN DONE AFTER THE LEAK HAD OCCURRED.
AND THIS WAS NOT MEETING MINIMUM STANDARDS EITHER.
TWO E IS SHOWING A CRACK IN THE LIVING ROOM WALL LEADING OUT TO THE PATIO AREA.
THIS WORK WAS FROM THE PREVIOUS REPAIR AS WELL SHOWING, UM, FROM THE WATER LEAK THAT HAD OCCURRED AND IT WAS NOT HOLDING UP TO MINIMUM STANDARDS.
TWO F IS SHOWING SOME MORE WATER DAMAGE FROM THE REPAIRS THAT WERE DONE AND WE'RE NOT HOLDING UP TO THEIR REPAIRS AND MINIMUM STANDARDS.
TWO G IS SHOWING ANOTHER CRACK IN THE CEILING LEADING TO THE KITCHEN AREA WHERE REPAIRS WERE NOT HOLDING UP TO MINIMUM STANDARDS AS WELL.
[03:10:01]
AND TWO I IS ANOTHER PHOTO IN THE KITCHEN SHOWING A CRACK IN THE CEILING WHERE THE REPAIRS ARE NOT HOLDING UP TO MINIMUM STANDARDS.AND TWO J IS THE LAST PHOTO I HAVE SHOWING THE LIVING ROOM WHERE THE REPAIRS WERE NOT DONE UP TO MINIMUM STANDARDS.
AND YOU CAN SEE THE TAPE AND FLOAT STARTING TO REAPPEAR.
I STRONGLY URGE THAT YOU CONSIDER STAFF'S RECOMMENDATIONS.
THIS CONCLUDES MY PRESENTATION AND I'M FREE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AT THIS TIME.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO J, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS DEVELOPMENT SERVICES.
RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
UM, AND SO NOW I WANT TO GO TO, SO DO WE HAVE, IS IT MS. MCGREGOR ON THE LINE? YES.
MR. DILL, CAN Y'ALL, UH, DO YOU HEAR US, UH, MS. MCGREGOR? MR. DILL? UH, TO UNMUTE YOURSELVES, PLEASE PRESS STAR SIX ON YOUR PHONE.
THIS IS KAITLYN MCGREGOR? YES.
AND, UH, ARE BOTH OF YOU WELL? OH, THANK YOU MR. DIT, ARE YOU BOTH PLANNING TO SPEAK OR JUST ONE OF YOU? UM, YOUR, UH, I'M PLANNING TO SPEAK AND THEN IF THEY HAVE ANY QUESTIONS FOR MR. DILL, WHO'S THE PROPERTY MANAGER, THE COMMISSION CANNOT ASK MR. BILL ANY QUESTIONS.
OKAY, SO VERY GOOD IN THAT CASE.
UH, SO THE WAY, UH, WE ORDINARILY DO THIS, WE HAVE, UH, THE GREATER OF FIVE MINUTES PER SIDE OR EQUAL TIME, SO, YOU KNOW, HOWEVER, HOWEVER LONG THE CITY TOOK.
UH, AND, UH, SO JUST PLEASE BE MINDFUL OF THAT.
UM, AND, UH, IF YOU HAVE ANY QUESTIONS, UH, FOR, UH, INSPECTOR TAGGART, YOU CAN PRESENT, YOU CAN POSE THOSE QUESTIONS FIRST IF YOU'D LIKE TO.
IT'S NOT REQUIRED, UH, YOU'RE FREE TO JUST GO STRAIGHT TO YOUR, YOUR MAIN PRESENTATION IF YOU'D LIKE.
I DON'T HAVE ANY QUESTIONS FOR INSPECTOR TAGGART, SO I'LL JUST PROCEED.
UM, I'M APPEARING ON BEHALF OF BPP ALPHA MF RETA LP.
UM, WE ARE FEELING THE CODE ENFORCEMENT VIOLATIONS THAT WERE ISSUED ON JUNE 24TH, 2024.
SO TO PROVIDE SOME BACKGROUND ON THIS, ON JUNE 7TH, 2024, A SPRINKLER RUPTURED IN BUILDING SEVEN, LEADING TO THE WATER INTRUSION AND WATER DAMAGE IN APARTMENT 7 2 5.
AS YOU CAN SEE ON EXHIBIT ONE, WHICH I PROVIDED, THE WATER WAS REMOVED RIGHT AWAY AND FANS AND DEHUMIDIFIERS WERE INSTALLED IN THE UNIT.
IT TOOK FIVE DAYS FOR THE APARTMENT TO DRY, AND THE VENDOR SAW HORSE CONFIRMED THAT WHEN THEY CAME TO INSPECT THE APARTMENT AFTER THREE DAYS, THE FAN AND DEHUMIDIFIERS HAD BEEN TURNED OFF BY THE RESIDENT.
SO THEY HAD TO CONTINUE TO DROP THE APARTMENT FOR ADDITIONAL DAYS BECAUSE OF THE RESIDENT'S FAILURE TO RUN THE SAND AND DEHUMIDIFIER, THE RESIDENT LIKELY EXACERBATED THE DAMAGES TO THE APARTMENT.
REPAIRS WERE THEN SCHEDULED FOR JUNE 15TH AFTER THE EXAM AND DEHUMIDIFIERS HAD BEEN REMOVED.
HOWEVER, THE RESIDENT REFUSED TO ALLOW MANAGEMENT TO ENTER TO CONDUCT THOSE REPAIRS, AND THIS WAS THE FIRST OF MANY TIMES THAT HE REFUSED ENTRY.
YOU'LL SEE ON EXHIBIT TWO, THE RESIDENT WOULD NOT PERMIT MANAGEMENT TO SCHEDULE REPAIRS UNTIL JUNE 29TH, 2024, DESPITE MANAGEMENT'S ATTEMPT TO SCHEDULE REPAIRS SOONER THAN JUNE 29TH.
INSTEAD, HE ENDED UP CALLING CODE ENFORCEMENT TO EXAMINE THE DAMAGES DESPITE SIMULTANEOUSLY PREVENTING MANAGEMENT FROM REPAIRING.
SAID DAMAGES OF THE NOTE TO BRITA.
CODE ENFORCEMENT CAME AND INSPECTED THE UNIT ON JUNE 24TH BEFORE THOSE REPAIRS COULD BE COMPLETED.
THEY DID NOT RECEIVE THE REPORT UNTIL A MONTH LATER BECAUSE THE REPORT WAS SENT TO THE CHICAGO CORPORATE OFFICE, SO IT WAS NOT RECEIVED BY RETA UNTIL JULY.
EXHIBIT THREE IS AN INVOICE OF THE WORK THAT WAS DONE ON JUNE 29TH AND EXHIBIT FOUR AND FIVE ARE PICTURES OF SOME OF THOSE REPAIRS THAT WERE COMPLETED.
IT'S ALSO WORTH MENTIONING THAT EACH TIME REPAIRS WERE SCHEDULED, MANAGEMENT HAD TO SCHEDULE THE REPAIRS FOR SATURDAY OR SUNDAY BASED ON THE RESIDENCE DEMAND THAT WORK ONLY BE COMPLETED ON WEEKENDS.
AND AFTER BEING ALERTED TO THE VIOLATIONS,
THEY ATTEMPTED TO SCHEDULE THE ADDITIONAL INTERIOR REPAIRS ON JULY 27TH WITH THE RESIDENT, BUT THE VENDORS HAD TO CEASE SERVICES WHEN THE RESIDENTS FALSELY CLAIMED THAT THEIR WORK WAS CAUSING
[03:15:01]
THEM TO NOT HAVE WATER RESULTING IN RETA HAVING TO RESCHEDULE.YET AGAIN, A COPY OF THE COMMUNICATIONS WITH THE RESIDENT HAS BEEN ATTACKED OR PROVIDED AS EXHIBIT SIX ON AUGUST EIGHT, MS. TAGGER, UH, AS SHE STATED, RETURNED TO THE PROPERTY AND SHE DISCUSSED THE OUTSTANDING REPAIRS WITH THE PROPERTY MANAGER, MR. DILL.
AT THAT TIME, BRIANNA SCHEDULED REPAIRS TO BE COMPLETED ON AUGUST 17TH FOR THE INTERIOR ISSUES, WHICH WAS THE NEXT AVAILABLE SATURDAY THAT WORKS FOR THE RESIDENT THAT DAY SAW COURSE AGAIN SHOWED UP TO PERFORM THE REPAIRS IN THE APARTMENT AS WELL AS FINALIZED THE REPAIRS, UM, OUTSIDE OF THE APARTMENT.
WHEN THEY ARRIVED, THE RESIDENT INSTRUCTED THEM TO WORK ON THE EXTERIOR REPAIRS FIRST, AND WHEN THEY FINISHED THESE REPAIRS AND ASKED TO, UH, PERFORM THE REPAIRS WITHIN THE APARTMENT, THE RESIDENT AGAIN REFUSED ENTRY, STATING THAT THEY WERE LEAVING FOR THE DAY AND WOULD NOT PERMIT ENTRY.
A COPY OF THE EMAIL FROM SAWHORSE THAT CONFIRMS THIS DELAY HAS BEEN PROVIDED AS EXHIBIT SEVEN.
BRIANNA ALSO INFORMED MS. TAGGER AT THAT TIME THAT THE RESIDENT WAS NOT PERMITTING ENTRY AND A COPY OF THAT EMAIL ATTACHED AS EXHIBIT EIGHT.
THE REPAIRS WERE SCHEDULED AGAIN ON AUGUST 22ND, AND AGAIN, THE RESIDENT DENIED ENTRY, WHICH IS SHOWN IN EXHIBIT SIX, WHICH STATES THE RESIDENT TURNED THE OFFENDERS AWAY.
UM, IT'S CLEAR THAT THE RESIDENT CONTINUOUSLY DENIES ENTRY MAKING IMPOSSIBLE FRIDA TO ENTER THE APARTMENT TO COMPLETE THESE REPAIRS.
AND HAD THEY ALLOWED THEM TO ENTER WHEN THIS WAS INITIALLY SCHEDULED ON JUNE 15TH, I, WE DO NOT BELIEVE THAT CODE ENFORCEMENT WOULD'VE HAD VIOLATIONS BECAUSE THE REPAIRS WOULD'VE BEEN DONE COMPLETELY AT THAT TIME.
AT THIS POINT, RETA AND THE RESIDENTS HAVE AGREED TO ALLOW THE RESIDENTS TO VACATE BY SEPTEMBER 7TH AND RETA PLANS TO COMPLETE ALL REPAIRS IN THE UNIT AT THE LATEST AFTER THE RESIDENTS HAVE VACATED.
SO WE'RE ASKING THAT THE VIOLATIONS FOR THE INTERIOR VIOLATIONS FOR 7 2 5 BE DISMISSED DUE TO THE RESIDENCE, CONTINUOUS FAILURE TO COOPERATE WITH RENA APARTMENTS SO THAT THE REPAIRS COULD HAVE BEEN COMPLETED IN A TIMELY MANNER.
UH, THANK YOU FOR YOUR TESTIMONY, UH, AND MS. MCGREGOR AT THIS TIME.
UM, I WANNA DO TWO THINGS VERY QUICKLY.
FIRST, IF MEMORY SERVES, I, I NEGLECTED TO ADMIT THE EXHIBITS.
UH, SO, UH, I'M GONNA DO THAT NOW WITHOUT OBJECTION.
I'M ADMITTING EXHIBITS ONE AND TWO A THROUGH TWO J, UH, BY, UH, PRESENTED BY STAFF AND THE APPELLANT'S, UH, EXHIBIT AS WELL.
IS THERE OBJECTION, HEARING NONE, THOSE EXHIBITS ARE ADMITTED.
THE SECOND THING IS THAT IT'S, I'M SHOWING IT'S 9:55 PM AND, UH, AS THE COMMISSIONERS KNOW ALL TOO WELL, IF WE GO OVER 10, WE NEED TO EXTEND TIME BY MOTION.
SO AT THIS TIME, I'D LIKE TO ENTERTAIN A MOTION, UH, TO EXTEND TIME TO AT LEAST, UH, 10 15 VICE CHAIR.
I'LL MOVE TO EXTEND TIME TO 10 15.
DO I HAVE A SECOND? I'LL SECOND.
UH, OKAY, SO THE MOTION BY, BY VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER SHUGART TO EXTEND TIME TO 10:15 PM IS IT, UH, ALL IN FAVOR SAY AYE.
UH, TIME IS EXTENDED, SO WE HAVE UNTIL 10 15.
UH, SO GETTING BACK TO BUSINESS, UH, MS. UM, WELL, I GUESS, DO YOU, UM, INSPECTOR TIGER, DO YOU HAVE ANY QUESTIONS FOR MS. MCGREGOR OR FOR THE OWNER? NO, NO, NO, I DO NOT.
UM, SO I GUESS WITH THAT, DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR EITHER THE CODE OFFICIAL OR THE PROPERTY REPRESENTATIVE? VICE CHAIR CAMPBELL? SO THIS QUESTION GOES OUT TO THE, UH, PROPERTY REPRESENTATIVES.
UM, JUST IN LIGHT OF THE FACT THAT THIS IS, YOU KNOW, KIND OF A SPECIFIC PROCEDURAL POSTURE, THIS IS AN APPEAL.
IT'S ESSENTIALLY ASKING US TO SAY THAT THE VIOLATION DID NOT OCCUR, OR AT LEAST THAT WE SHOULD TREAT IT LIKE IT DID NOT OCCUR.
UM, AT THE TIME THAT IN, BECAUSE IT SEEMS TO ME LIKE YOUR THEORY HERE IS THAT BECAUSE THE RESIDENT DENIED ENTRY AND, AND DENIED YOU AN OPPORTUNITY TO FIX THE VIOLATION, THAT WE SHOULD, UH, REMOVE THE VIOLATION ENTIRELY.
BUT, BUT MY QUESTION IS, UM, AT THE TIME THAT THE INSPECTOR DID OBSERVE THE PROPERTY, WAS THE VIOLATION IN PLACE, LIKE WERE THESE PROPERTY DEFECTS THERE AT THE TIME THAT IT WAS INSPECTED? SO THE VIOLATIONS THAT WE BELIEVE WERE CITED FOR THE INTERIOR OF 7 2 5, WE BELIEVE THAT THOSE VIOLATIONS WERE A RESULT OF THE, UM, WATER INTRUSION THAT OCCURRED ON JUNE 7TH.
SO WE HAD PLANNED, AND WERE IN THE PROCESS
[03:20:01]
OF MAKING THOSE REPAIRS ON JUNE 15TH, AND WE WERE NOT ABLE TO DO SO BECAUSE OF THE RESIDENT.I DON'T BELIEVE ANY OF THE OTHER VIOLATIONS WERE OUTSIDE OF, UH, REPAIRS BEING NEEDED TO BE COMPLETE BECAUSE OF THE WATER INTRUSION INCIDENT.
AND THOSE, UH, UH, INSPECTOR TAGGART MENTIONED THAT THE RESIDENT HAD REPORTED TO HER THAT HE HAD REPORTED IT TO MANAGEMENT, AND MANAGEMENT WAS IGNORING THE PROBLEMS. THAT'S NOT THE CASE.
THE MANAGEMENT HAD SCHEDULED THESE REPAIRS TO BE DONE AND THE RESIDENT WAS FULLY AWARE THAT THESE REPAIRS WERE GOING TO BE COMPLETED IN A TIMELY MANNER AFTER THE WATER INTRUSION.
AND IT WAS, UH, UH, BECAUSE OF HIM NOT ALLOWING ENTRY THAT THEY WERE NOT ABLE TO BE COMPLETED AND AT THIS POINT STILL ARE NOT FULLY COMPLETED BECAUSE HE IS NOT ALLOWING US TO ENTER TO MAKE THOSE REPAIRS.
I UNDERSTAND THAT, BUT IT, AGAIN, IT SEEMS TO ME IN THIS CASE, I, AND I I JUST WANNA BE CLEAR HERE, UM, IT SEEMS TO ME THAT THE INSPECTION THAT LED TO THIS PARTICULAR VIOLATION OCCURRED ON THE 25TH, BUT THAT THE REPAIRS OF THIS PARTICULAR VIOLATION DIDN'T OCCUR UNTIL THE 29TH.
THE REPAIRS DIDN'T INCUR UNTIL THE 29TH BECAUSE THE RESIDENT WOULD NOT ALLOW ANYONE TO ENTER THE APARTMENT TO CONDUCT THE REPAIRS UNTIL THAT DATE.
UM, COMMISSIONER OLUGO, YOUR LATE IS ON.
DID YOU, DO YOU WANNA BE RECOGNIZED FOR QUESTIONS? I FORGOT.
UH, UH, IT'S A PRETTY CUT AND DRY CASE.
UM, DOES ANYBODY WISH TO, I'LL MOVE TO CLOSE THE PUBLIC HEARING.
SO WE HAVE A MOTION TO CLOSE BY COMMISSIONER SHUGART, SECONDED BY VICE CHAIR CAMPBELL.
UH, AND, UH, THERE HAVEN'T BEEN, UH, CROSS QUESTIONS AMONG THE PARTIES.
I DON'T, I DON'T THINK IN A, AN A SUMMATION IS NECESSARY UNLESS ANYBODY STRONGLY WOULD LIKE ONE.
MS. MS. MCGREGOR, DO YOU NEED TO SUMMARIZE ANYTHING BEFORE WE CLOSE THE PUBLIC PART OF THE HEARING? UH, NO, I THINK THE ONLY THING THAT WE ARE ASKING, I HAVEN'T FULLY EXPLAINED IT, IS IT'S NOT JUST THAT WE WANT THE VIOLATIONS DISMISSED.
WE WOULD LIKE THE OPPORTUNITY TO, UH, MAKE THOSE REPAIRS AND HAVE THE PREMISES REINFECTED ONCE WE'VE BEEN PROVIDED THE OPPORTUNITY TO MAKE THE REPAIRS BECAUSE AT THIS POINT THE VIOLATIONS EXIST BECAUSE WE HAVE NOT BEEN PERMITTED TO ENTER THE APARTMENT TO MAKE THE REPAIRS.
SO WE FEEL IT'S A DISSERVICE FOR THE PROPERTY TO BE AFFECTED BECAUSE OF THAT.
UM, I, I JUST HAVE ONE, I GUESS ONE FOLLOW UP QUESTION FOR YOU.
UH, AND THAT IS, UH, HOW LONG DO YOU THINK BEFORE THOSE REPAIRS WOULD BE COMPLETED AT THIS TIME? SO WE REACHED A SETTLEMENT AGREEMENT WITH THE RESIDENT FOR THEM TO VACATE BY SEPTEMBER 7TH, AND IF THEY'LL ALLOW US ENTRY PRIOR TO THAT, THEN WE CAN OF COURSE COME IN AND COMPLETE THE REPAIRS PRIOR TO THAT TIME.
HOWEVER, IF THEY DON'T ALLOW US TO ENTER, WE CAN CERTAINLY COMPLETE THEM WITHIN JUST LESS THAN A WEEK OF THE RESIDENCE VACATING ON SEPTEMBER 7TH.
I I, THAT WAS TO BE MY LAST QUESTION, BUT I I WANT TO JUST ASK ONE MORE.
DOES, DOES, DOES YOUR, UM, DOES YOUR CLIENT UTILIZE THE TEXAS APARTMENT ASSOCIATION STANDARD FORM LEASE AGREEMENT WITH ITS TENANTS? IF YOU DON'T KNOW THE ANSWER, THAT'S FINE.
THEY WERE, UM, COULD, COULD YOU SAY IT ONE MORE TIME, YOU WERE BREAKING UP.
UH, I JUST, DO YOU, DOES YOUR CLIENT USE A STANDARD TAA LEASE FORM LEASE AGREEMENT? I, I'M JUST, YES, I DO.
AND THEN, INSPECTOR TAGGER, DO YOU HAVE ANY SUMMATION OR REBUTTAL BEFORE WE CLOSE? I WOULD JUST LIKE TO SAY ON THE RECORD THAT I'VE WORKED WITH THEM ON SEVERAL OTHER CASES AND THEY ARE VERY AWARE THAT ONCE I'M CONTACTED, I WILL GO OUT THERE AND DO A FOLLOW UP.
AND IF ALL THE VIOLATIONS ARE CLEARED, THEN THE CASE WILL BE CLOSED.
SO WE DO HAVE A PENDING MOTION.
I BELIEVE IT WAS, UH, BY COMMISSIONER SHUGAR, SECONDED BY VICE CAMPBELL TO, UH, BY VICE CAMPBELL, UH, SECONDED.
SO, UH, UH, SO, UH, ALL IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE SAY AYE.
UH, MS. MCGREGOR FOR PURPOSES OF OUR, FOR OUR PURPOSES, THAT BASICALLY JUST MEANS WE ARE NOT RE REQUESTING ANY FURTHER ADDITIONAL TESTIMONY.
WE DO ADVISE YOU TO REMAIN ON THE LINE, HOWEVER, BECAUSE COMMISSIONERS MAY HAVE QUESTIONS, UH, RESULTING FROM OUR, OUR DISCUSSION HERE.
SO, UH, IF YOU WOULDN'T MIND SITTING TIGHT AND AT THIS POINT, I WOULD ENTERTAIN A MOTION AND I SEE A LOT OF CONTENDERS.
I'M GONNA GO TO, I'M GONNA GO TO COMMISSIONER SHUGAR.
[03:25:01]
ALRIGHT.UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
I'LL SECOND AND IF I MAY, OKAY.
SO WE HAVE A MOTION BY COMMISSIONER SHUGART, SECONDED BY VICE CHAIR CAMPBELL.
AND I'M, I'M GONNA GO AHEAD AND, AND JUST, UH, UH, SORT OF SUMMARIZE THE MOTION AS, AS DENYING THE APPEAL.
UH, JUST, UH, AS A TECHNICAL MATTER.
UH, SO, UH, DO AS THE AUTHOR OF THE MOTION, DO YOU HAVE ANY, UM, UH, WOULD YOU LIKE TO DISCUSS COMMISSIONER? UM, NOT A TON.
I GUESS FOR POSTERITY, THESE ARE PROBABLY THE EASIEST THINGS THAT COME TO OUR BOARDS OR THIS COMMISSION IF THERE'S AN ERROR OR A VIOLATION, WHICH THERE OBVIOUSLY WAS.
WE'VE BEEN PRETTY CONSISTENT ABOUT THAT.
IS THERE ANY OTHER DISCUSSION BEFORE, UH, THE QUESTION IS PUT TO THE COMMISSION? REALLY SAD.
THERE'S NO SCORPIONS THIS TIME.
REALLY SAD THERE'S NO SCORPIONS THIS TIME.
UM, OKAY, SO, UM, THERE BEING, WELL, IT DOESN'T SEEM LIKE THERE'S A LOT OF DISCUSSION, SO I THINK I'M JUST GONNA GO AHEAD IN LIGHT OF THE HOUR AND, AND PUT THE QUESTION TO THE BODY.
UH, SO, UH, JUST TO RESTATE IT, THAT WE HAVE A MOTION BY COMMISSIONER SHUGAR, SECONDED BY, I APOLOGIZE, VICE CHAIR AT THIS TIME, OR NO? YEAH.
SO, UH, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER SHUGART IS SECONDED BY VICE CHAIR CAMPBELL TO ADOPT STAFF'S, UH, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DENY THE APPEAL.
UH, THIS WILL BE A ROLL CALL VOTE, AND I'M GONNA BEGIN WITH COMMISSIONER SOCAL.
AYE, UH, COMM UH, VICE CHAIR CAMPBELL AYE, UH, CHAIR VOTES? AYE.
THERE'RE BEING SIX AYES AND NO NAYS.
I DON'T BELIEVE WE MAIL ANYTHING OUT ON THESE.
IS THAT, OR SINCE THERE'S NO ORDER AT THIS POINT? WE DO.
SO, UM, SO MS. MCGREGOR, YOUR CLIENT, UH, SHOULD RECEIVE THE, UM, UH, MAILING CONCERNING TONIGHT'S ACTION.
WE WANT TO THANK YOU FOR YOUR TIME THIS EVENING AND FOR YOUR PATIENCE.
WE APPRECIATE YOUR PARTICIPATING.
UH, PLEASE REMAIN IN CONTACT WITH INSPECTOR TAGGAR TO FOLLOW UP ON ANY COMPLIANCE ISSUES.
AND, UH, WITH THAT, I BELIEVE WE CAN MOVE FROM, UH, CASES TO FUTURE AGENDA ITEMS. UM, IF STAFF HAS ANY TO RECOMMEND OR NO, NO FUTURE AGENDA ITEMS. OKAY.
SO, UM, IN THAT CASE, UH, I GUESS I WOULD ENTERTAIN A MOTION TO ADJOURN.
A MOTION THAT WAS LATER MADE BY VICE CHAIR CAMPBELL TO ADJOURN.
THAT BEING, UH, THEY'RE BEING UNANIMOUS.
UH, THE COMMISSION STANDS ADJOURNED AT 10:05 PM GOING, GOING ON.
I'M SAME KIND OF GUY YOU KNEW WAY BACK WHEN.
STILL STRUGGLING FOR IS, IS IT TOO MUCH TO WANNA SEE FOOD ON MY PLATE? TAKE MY MOMS ON THE TRIP TO SOME CARIBBEAN PLATE.
I AIN'T A SUPERSTAR HUMAN AND I'M JUST LIKE, YOU, YOU BREAK YOUR BACK PAYING BILLS AND I BREAK MY TOOTH.
IT'S 'CAUSE I CHOSE TO BE UP HERE, BUT PEOPLE TOLD ME THERE'S LOT OF PAIN.
I WANT TO SEE THE WORLD FROM TOP.