[CALL TO ORDER]
[00:00:02]
THE BUILDING AND STANDARDS COMMISSION TO ORDER FOR SEPTEMBER 25TH, 2024.
UH, LET THE RECORD REFLECT THAT THE TIME IS 6:54 PM MY NAME IS TIMOTHY STOAT.
I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL THE ROLE AND ASK FOR COMMISSION MEMBERS PRESENT THIS EVENING TO PLEASE SIGNIFY THAT YOU ARE HERE.
AND A QUICK REMINDER TO OUR, UH, COMMISSIONERS REMOTING IN PLEASE, UH, KEEP YOUR CAMERA ON SO AS TO MAINTAIN QUORUM.
AND, UH, SO I'LL GO AHEAD AND CALL THE ROLE NOW, AND I WILL START WITH COMMISSIONER, UH, SOCAL.
YES, COMMISSIONER, UH, SHUGART.
COMMISSIONER SIG HERE, VICE CHAIR CAMPBELL HERE, AND I AM HERE.
UH, I ALSO SHOULD NOTE THAT REMOTING IN THIS EVENING, WE HAVE, UH, STEVEN TRUSDALE REPRESENTING THE, UH, FIRE MARSHAL.
UM, BEFORE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, UH, OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
THE COMMISSION WILL CONDUCT A HEARING FOR, I'M SHOWING IT AS, UH, EIGHT CASES FROM SIX PROPERTIES, THOUGH I BELIEVE A COUPLE OF THOSE MAY HAVE BEEN PULLED.
UM, BUT THAT WAS WHAT WAS POSTED ON OUR AGENDA.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE, UH, A CASE OUT OF ORDER WHERE APPROPRIATE ATTENDEES THIS EVENING ARE ASKED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
UH, CODE REVIEW ANALYST, MELANIE ALLIE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
UH, DEVELOPMENT SERVICES DEPARTMENT.
UH, STAFF WILL BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
WE ASK THAT THE PROPERTY REPRESENTATIVE, UH, PLEASE, UH, COME FORWARD AND, AND, UH, AND TAKE A SEAT NEAR THE PODIUM.
UH, THE, UM, OWNER OR REPRESENTATIVE WILL, UH, OR IF YOU'RE PARTICIPATING REMOTELY, EXCUSE ME, UH, TO UNMUTE YOUR PHONE WHEN YOUR CASE IS CALLED, UH, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
WE'LL HAVE FIVE MINUTES TO DO SO.
AND THEN THE OWNER OR PROPERTY REPRESENTATIVE WILL BE ALLOWED TO, UH, CROSS EXAMINE, UH, THE CITY'S WITNESSES ABOUT THEIR TESTIMONY IF, IF SO DESIRED, UH, AFTER WHICH THEY'LL BE ALLOWED AT EQUAL TIME TO PRESENT THEIR, UH, CASE.
AFTER THE CITY IS PRESENTED ITS EVIDENCE AND WITNESSES, UH, PARDON ME, I'M REPEATING ITEMS HERE.
UH, THE CITY WILL BE ALLOTTED, UH, FIVE MINUTES TO CROSS-EXAMINE IF, IF DESIRED, WHEN THE TIME TIMER INDICATES THAT YOUR TIME HAS EXPIRED.
UH, PLEASE FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR, UH, DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
JAMES EVERWINE WITH THE CITY OF AUSTIN.
UH, AFTER THE OWNER, REPRESENTATIVE, AND CITY OF HAVE PRESENTED EVIDENCE IN WITNESSES, COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER COMMISSION MEMBERS ASK QUESTIONS.
OTHER INTERESTED PERSONS WHO ARE PRESENT MAY BE ALLOWED TO OFFER, UH, TESTIMONY.
UH, BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF THE ADDITIONAL WITNESSES.
UH, I WILL ALSO GIVE PROPERTY OWNERS, UH, OR THE REPRESENTATIVES THREE MINUTES TO SUMMARIZE.
UH, BEFORE CLOSING THE PUBLIC HEARING AND AT THE DISCRETION OF THE CHAIR, THE CITY MAY BE PERMITTED TO PRESENT REBUTTAL.
UH, FOLLOWING THAT SUMMATION, UH, AFTER EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASES AND VOTE ON THE DECISION.
COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY WILL BE MAILED TO THE PROPERTY OWNER OF RECORD.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
UM, IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK THOSE QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES DO TESTIFY UNDER OATH.
SO AT THIS TIME, I'D ASK THAT ANY PERSON WHO WISHES TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE THIS EVENING, INCLUDING THOSE REMOTING IN, PLEASE, UH, STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN.
UM, 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.
IF THERE IS NOTHING FURTHER, UH, WE WILL PROCEED TO CONSIDER THE ITEMS THAT ARE ON THE AGENDA THIS EVENING.
UH, FIRST MAY I CONFIRM, I BELIEVE WE DO NOT HAVE PUBLIC COMMUNICATION.
SO, NO, NO, BUT WOULD YOU LIKE TO APPROVE THE MINUTES? OKAY.
SO AGENDA, IN THE ABSENCE OF PUBLIC COMMUNICATION, WE'LL MOVE TO AGENDA ITEM
[APPROVAL OF MINUTES]
NUMBER ONE, APPROVAL OF MINUTES.HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THE MINUTES FROM OUR REGULAR MEETING ON AUGUST 28TH, 2024? AND AT THIS TIME, IF THERE IS, UH, NO OBJECTION, UH,
[00:05:01]
ACTUALLY, LET ME DO THIS AS A VOICE VOTE.UM, SO, UM, DO I HAVE A, A MOTION TO APPROVE, UH, THE MINUTES FROM, UH, I'LL MOVE TO APPROVE THE MINUTES.
UH, SO ON THE MOTION OF VICE CHAIR CAMPBELL, AS SECONDED BY COMMISSIONER OLUGO, UH, TO APPROVE THE MINUTES FROM OUR REGULAR MEETING OF AUGUST 28TH, 2024.
ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
UM, SO WITH THAT, WE WILL MOVE ON TO PUBLIC HEARINGS FOR NEW CASES.
AND I AM TOLD, AS I AS NOTED, WE WILL TAKE CASES OUT OF ORDER WHERE APPROPRIATE.
AND I'M TOLD THAT WE HAVE A REQUEST TO TAKE UP ITEM NUMBER SIX,
[6. Case Numbers: CL 2021-034963]
UH, PERTAINING TO THE PROPERTY AT 9 0 1 EAST CAESAR CHAVEZ.AND SO IF I COULD ASK THE PROPERTY REPRESENTATIVE TO PLEASE, UH, COME FORWARD AND, AND HAVE A SEAT.
AND, UH, SHALL I PROCEED? AND JUST FOR THE RECORD, IS IT MS. MS. PILLAR? SORRY.
IS IT MS. PILLAR? IS THAT RIGHT? OKAY, THANK YOU.
UH, SO I'LL GO AHEAD AND START WITH, UH, UH, MS. ALI.
THE NEXT ITEM ON THE AGENDA IS ITEM NUMBER SIX, A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 9 0 1 EAST CESAR CHAVEZ STREET.
AN ORDER WAS ISSUED BY THE COMMISSION FOR THIS PROPERTY IN MARCH OF 2021.
THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE ORDER AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE ACCRUED PENALTIES.
THE CASE NUMBER IS CL 2 2 3 4 9 6 3.
THE PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE ROYAL BLUE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THESE CASES.
THIS CASE IS ABOUT A COMMERCIAL MULTIFAMILY PROPERTY THAT WAS OPENED IN MARCH, 2020.
IN MARCH, 2021, AN ORDER WAS ISSUED FOR THIS CASE FOR THE REPAIR FOR REPAIR WITHIN 45 DAYS, WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 46 DAY OF COMPLIANCE WAS NOT ACHIEVED.
THE TOTAL PENALTY AS OF TODAY'S DATE IS $29,009 AND 67 CENTS, WHICH INCLUDES IN, UH, INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING.
IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING, THE PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO A THROUGH TWO F EXHIBIT THREE, WHICH CONSISTS OF UPDATED COMPLAINT AND CASE HISTORY, 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, COPIES OF THE RECORDED BSC ORDER ISSUED MARCH 24TH, 2021, AND CORRESPONDING PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION, INVESTIGATOR FARRAH PRESLEY IS ASSIGNED TO THIS CASE, HOWEVER, IS UNABLE TO BE HERE TONIGHT.
INSPECTOR JOHN BAEZ IS HERE AND WILL DISCUSS THE CORRECTED VIOLATIONS, THE TIMELINE FOR COMPLIANCE, AND WILL PRESENT SOME BEFORE AND AFTER PHOTOS.
INSPECTOR BAEZ, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INSPECTOR JOHN BAEZ ASSIGNED TO THE CASE REVIEW AND ESCALATION DIVISION OF DEVELOPMENT SERVICES.
THIS CASE BEING HEARD BY THE COMMISSIONERS THIS EVENING IS SEEKING RELIEF OF FILING.
THE CASE ORIGINATED AS A 3 1 1 COMPLAINT FOR WORK WITHOUT PERMIT ON MAY 1ST, 2019.
THE CASE WAS INVESTIGATED BY CODE ENFORCEMENT AND THE COMPLAINT WAS VERIFIED.
NOTICE OF VIOLATION WAS ISSUED, AND NON-COMPLIANCE BY THE OWNER.
OVER MANY INSPECTIONS CONDUCTED BY CODE ENFORCEMENT LED THE CASE TO A HEARING BY THE BSC COMMISSION ON MARCH 24TH, 2021.
THE CASE WAS HEARD AT BSC ON MARCH 24TH, 2021, AND THE PROPERTY OWNER OF 9 0 1 E CAESAR CHAVEZ WAS ISSUED A 45 DAY REPAIR ORDER WITH TWO STRUCTURAL DEFICIENCIES.
IF COMPLIANCE WAS NOT MET, THE PENALTY WAS TO BE LEVIED FOR ON THE 46TH DAY FROM THE MAILING OF THE ORDER ON OCTOBER 19TH, 2021, THE ORDER MET COMPLIANCE BY MEANS OF DEMOLITION OF THE ENTIRE STRUCTURE WITH PERMITS CLOSED BY PASSING.
[00:10:03]
NOW FOR THE PHOTO EVIDENCE, THIS IS SLIDE SIX A SHOWING THE PROPERTY FROM SAN MARCOS STREET.THIS IS THE REAR OF THE BUILDING, AND AS YOU CAN SEE, THE, UH, WINDOWS ARE BOARDED.
THIS IS A CONTEXTUAL PHOTO OF 9 0 1 EAST CESAR CHAVEZ FROM CHAVEZ STREET.
THIS IS A GOOGLE EARTH RENDITION TRUE COPY OF THE PROPERTY THAT IS NOW DEMOLISHED AND UNIMPROVED.
THIS IS A PHOTO, UH, TAKEN BY MYSELF ON SEPTEMBER 12TH, 2024, SHOWING THE PROPERTY UNCHANGED.
THIS IS A SCREENSHOT OF THE AMANDA SYSTEM SHOWING THAT A BUILDING PERMIT WAS ISSUED FOR DEMOLITION AND IT PASSED ITS FINAL INSPECTION.
THIS CONCLUDES MY TESTIMONY AND I AM OPEN TO ANY QUESTIONS YOU MAY HAVE.
UH, MS. PILLAR, UH, YOU ARE WELCOME IF YOU'D LIKE TO DO SO.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS, AND EXHIBIT FOUR, WHICH CONSISTS OF PRE-IMPOSED COMPLIANCE PHOTOS.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE AFFIRM THE CIVIL PENALTY OF $29,009 AND 67 CENTS ASSESSED FROM ORDER TRV 2 0 2 1 0 7 1 8 5 1, OR IN THE ALTERNATIVE.
NUMBER TWO, IF THE CIVIL PENALTY AMOUNT OF $29,009 AND 67 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED PRI REDUCED AMOUNT AND THREE ON THE 31ST DAY FROM THE DATE THE MODIFIED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE PREVIOUSLY ASSESSED CIVIL PENALTY AMOUNT OF $29,009 AND 67 CENTS, INTEREST SHALL ACCRUE SH SHALL CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
SO, UM, AT THIS TIME, UH, I WILL, UH, IF THERE'S NO OBJECTION, I WILL ADMIT, UH, STAFF'S EXHIBITS THREE AND FOUR, AND I ALSO UNDERSTAND THAT THE OWNER'S REPRESENTATIVE HAS AN EXHIBIT THAT NEEDS TO BE ADMITTED.
DO WE ALREADY HAVE THAT UPLOADED OR DO WE HAVE A UNDER? I DON'T BELIEVE WE HAVE AN OWNER EXHIBIT.
I HAVE A NOTE ON HERE TO THAT EFFECT THAT, YEAH, THAT WAS INCORRECT.
SO, UH, SO IF THERE'S NO OBJECTION, I'LL ADMIT, UH, EXHIBITS THREE AND FOUR.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
AND NOW FORGIVE ME, MS. PILLAR.
UH, IF YOU'D LIKE, YOU'RE FREE TO ASK ANY QUESTIONS OF THE CODE REPRESENTATIVE OR IF YOU'D LIKE, YOU CAN JUST GO STRAIGHT TO YOUR PRESENTATION.
UM, YEAH, WHAT, WHAT WOULD BE THE, UH, REDUCED FEE? IS, IS THERE A PROPOSED REDUCED FEE? WELL, THE, THE, THE STAFF'S PROPOSED RECOMMENDATION IS TO AFFIRM THE EXISTING CIVIL PENALTY.
I MEAN, WE WOULD LOVE TO HAVE IT, UM, COMPLETELY GO AWAY.
UM, THE, WHEN THE, UH, VIOLATION WAS, UM, ENTERED, WE DID NOT OWN THE PROPERTY.
UM, THE FIRST, UH, VIOLATION THAT WE RECEIVED AS CARLIN CAESAR CHAVEZ, UH, WAS ON MARCH 18TH OF THIS YEAR.
UM, SO WHILE, UM, IN, IN THE VIOLATION THERE, I BELIEVE IT WAS MAILED TO FIVE OR SIX DIFFERENT FOLKS.
AND NONE OF NONE OF THESE ARE OUR OWNERSHIP.
UM, AS THE PENALTY WAS IN, IN PRIOR OWNERSHIP.
UM, WE, AS SOON AS WE TOOK OVER MANAGEMENT ON JUNE 2ND, 2021, UH, WE APPLIED FOR A CONSTRUCTION PERMIT.
AND, UH, THE DEMO PERMIT WAS RECEIVED ON JULY 29TH.
AND, UH, WE CLOSED OUT THE JOB, I BELIEVE IN OCTOBER OF THAT YEAR.
UM, WE ARE ASKING TO HAVE ALL OF THE FEES REMOVED, BUT CERTAINLY WILLING TO WORK WITH, UH, A, A REDUCED FEE AS WELL.
I HAVE, UM, HA, I HAVE HERE A SUGGESTED FEE BECAUSE OF OUR OWNERSHIP
[00:15:01]
STARTING ON JUNE 2ND, 2021.UM, AND UP UNTIL THE DATE OF THE PERMIT BEING RECEIVED, WHICH WOULD BE EIGHT WEEKS AND TWO DAYS, SO FROM JUNE 2ND, 2021 TO JULY 29TH, 2021 GIVES US EIGHT WEEKS AND TWO DAYS, WHICH WOULD BE A TOTAL FINE OF $8,285 AND 71 CENTS.
UM, AT THAT ONE $1,000 A DAY, UM, UH, NO VIOLATIONS WERE PRESENTED TO US IN THE FORECLOSURE SALE FROM PRIOR OWNERSHIP.
UM, AND WE HAVE, UH, SPENT QUITE, WE AHEAD OF THE DEMO, WE SPENT QUITE A LOT OF MONEY, LIKE $9,000 ONBOARDING UP, UH, THE BUILDING AND CLEANING UP THE AREA.
AND WE HAVE SINCE, UM, ISSUED US, WE, WE HAVE APPLIED FOR SCTN AND WE HAVE BEEN ABLE TO KEEP THE PROPERTY CLEAN FOR THE LAST THREE OR FOUR YEARS, UM, AFTER THE BUILDING WAS REMOVED.
JUST VERY QUICKLY, COULD I HAVE YOU REPEAT THAT, THAT FIGURE AGAIN? IT WAS 8,000, YEP.
SO, UH, AT THIS TIME BEFORE, UH, TURNING TO MY FELLOW COMMISSIONERS, DOES THE CITY HAVE ANY QUESTIONS FOR THE OWNER REPRESENTATIVE, PROPERTY REPRESENTATIVE? UH, I DO NOT.
SO I, I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS.
DOES ANYBODY HAVE QUESTIONS FOR EITHER, UH, COMMISSIONER SALLY? WELL, I HAVE A QUESTION FOR THE DIRECTOR.
WE'VE OFTEN ASKED YOU ABOUT HOW MUCH STAFF TIME HAS BEEN INVOLVED IN THIS, AND HOW MUCH EXPENSE HAS THE, UM, HAS BEEN THE COMMISSIONER EXTENDED SO FAR? DO WE HAVE A TALENT ON THAT YET? YEAH, THIS ONE WOULD BE A LOW COMPLEXITY CASE, SO IN THE, WHAT DOES THAT MEAN, THREE TO 5,000 RANGE.
OTHER QUESTIONS? OH, UH, COMMISSIONER OTA LUGO, THIS WOULD BE A QUESTION FOR STAFF.
UM, IS THERE A, SOME SORT OF STATUTE TO LIMITATIONS ON THESE KINDS OF PENALTY RELIEFS? BECAUSE THIS WAS SEEMINGLY FIXED END OF 2021 AND IT IS NOW 2024.
I WAS WONDERING LIKE WHAT PROCESS LED THIS TO TURN UP BACK AT OUR DAAS, FOR LACK OF A BETTER TERM.
UH, CODE ANALYST, UH, ELA THANK YOU CHAIR.
UM, ABOUT A YEAR AGO, WE, UM, DID, WE UNDERTOOK A, A PRETTY BIG TASK OF, UH, CLEANING OUT OUR, UH, OUR OWN TASK LIST.
AND, UH, SOME OF THOSE CASES KIND OF, UH, LINGERED, YOU KNOW, BEYOND, UM, I GUESS, UM, YOU KNOW, IN DIFFERENT, IN DIFFERENT STATES.
SO, UH, SOME MAY HAVE COME INTO COMPLIANCE, BUT THEY OWED A PENALTY.
SOME, YOU KNOW, MAY HAVE, UH, MAY HAVE, UH, BEEN SUBJECT TO DEMOLITION.
AND THEN, YOU KNOW, WE WERE CHARGED WITH, YOU KNOW, RELEASING THE ORDER AT THAT POINT.
UM, SO WE, YOU KNOW, WE REALLY DIDN'T MOVE A LOT OF CASES OFF OF, UH, OUR TASK LIST, UM, BACK IN SEPTEMBER OF LAST YEAR.
THIS MIGHT HAVE BEEN ONE OF THOSE, UH, ONE OF THOSE CASES.
SO IT'S A SITUATION WHERE THEY, IT CAME INTO COMPLIANCE LATE 2021, SO THEY STOPPED THE CURRENT FEES, BUT NO PAYMENT HAD ACTUALLY BEEN COLLECTED OR ANYTHING LIKE THAT UNTIL NOW.
SO WE DID SEND, UH, A, YOU KNOW, AS SHE MENTIONED, WE DID SEND NOTICE TO THE PREVIOUS OWNER AND, UM, YOU KNOW, THAT OF COURSE THAT WAS, THAT WENT UNANSWERED.
I MEAN, UH, I THINK THE, THE CITY HAS A MECHANISM FOR, UM, SENDING CASES TO, UM, TO COLLECTIONS OR, YOU KNOW, WE MAY PURSUE, UH, OTHER LEGAL AVENUES FOR COLLECTING THE PENALTY, BUT HONESTLY, YOU KNOW, WE, WE WOULD RATHER THAT THEY COME BACK TO THE COMMISSION TO, UM, I MEAN, YOU KNOW, IF, IF, UM, IF THEY WANT TO, UH, I'D LIKE TO ELABORATE JUST A LITTLE BIT.
ALSO, AS FAR AS STATUTE OF LIMITATIONS, WE'VE BEEN TOLD THAT AROUND THE SIX OR SEVEN YEAR MARK IS WHEN IT'S, THEY'RE PRETTY MUCH DEEMED UNCOLLECTIBLE, SO WE TRY TO GET 'EM OVER TO THE LAW DEPARTMENT AFTER A YEAR OR TWO OF NO MOVEMENT, OR EVEN IF THEY DO COME INTO COMPLIANCE AND NO, YOU KNOW, THEY'RE NOT ASKING FOR REDUCTION OR, UM, THEY'RE JUST, YOU KNOW, WE'RE NOT HEARING FROM, FROM THE OWNERS OR WHATNOT.
SO THAT'S TYPICALLY THE THRESHOLD OF WHEN WE TRY TO GET IT MOVING, YOU KNOW, PAST THE, UM, WELL PAST THE TWO YEARS IS WHEN WE TRY TO GET IT.
AND THIS, SO THIS WOULD STILL BE WITHIN THE BALANCE.
[00:20:01]
ROSA LUGO.UH, SO THIS IS A PRETTY STRAIGHTFORWARD, UH, PENALTY RELIEF, UH, CASE.
I, I THINK AT THIS TIME IT'S PROBABLY APPROPRIATE TO ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING IF ANYBODY WOULD LIKE TO.
UH, I HAVE A MOTION TO CLOSE FROM A VICE CHAIR.
CAMPBELL IS, DO I HAVE A SECOND? I'LL SECOND THAT.
ON THE MOTION TO CLOSE BY VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER SIG WOULD ALL IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
HEARING NONE, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
MS. PILLAR, I'D ASK YOU TO REMAIN AT THE PODIUM FOR A MOMENT.
WE MAY HAVE QUESTIONS, BUT YOUR AFFIRMATIVE PRESENTATION IS CONCLUDED.
WE DON'T, WE DON'T NEED ANYTHING FURTHER FROM YOU UNLESS WE ASK, SO THANK YOU FOR THAT.
UM, SO AS A REMINDER, WE DON'T GENERALLY DISCUSS UNTIL WE HAVE A, A MOTION PENDING.
UM, SO I WOULD LIKE TO ENTERTAIN A MOTION, BUT, OKAY.
UH, VICE CHAIR, UH, I WOULD MOVE TO ADOPT, UM, STAFF'S PROPOSED FINDINGS, FACTS AND CONCLUSIONS OF LAW, AND ORDER THAT THE CIVIL PENALTY AMOUNT BE REDUCED TO $4,000 AND ALLOW 30 DAYS FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTY AND FOLLOWED THE REDUCED AMOUNT.
AND ON THE 31ST DAY FROM THE DATE THE MODIFIED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID AND FULLY REINSTATE THE PREVIOUSLY ASSESSED CIVIL PENALTY, INTRA SHALL ACCRUE AT RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL BEING IN FULL.
VICE CHAIR MEMBERS, YOU'VE HEARD THE MOTION? IS THERE A SECOND? I'LL SECOND THAT.
UH, SECOND FROM COMMISSIONER SIG, UH, AS THE MAKER OF THE MOTION VICE CHAIR, I'LL RECOGNIZE YOU TO OPEN IF YOU'D LIKE TO DISCUSS.
UM, I THINK THAT IN THIS CASE, I HAVEN'T HEARD ANYTHING FROM STAFF OR FROM EITHER SIDE'S TESTIMONY INDICATING THAT THERE WAS ANY WRONGDOING.
UM, YOU KNOW, WE'VE TALKED A LOT ABOUT THESE KINDS OF PENALTY RELIEF CASES AND A LOT OF THEM, A LOT MORE HIGH COMPLEXITY THAN THIS.
UM, SINCE THIS IS CHARACTERIZED AS A LOW COMPLEXITY CASE, I THINK IT'S PRETTY APPROPRIATE TO GO DOWN TO THAT THREE TO 5K NUMBER THAT ROBERT MOORE, UH, REFERENCED EARLIER.
ANY OTHER, UH, DISCUSSION? COMMISSIONER OLUGO? I'M NOT GONNA HOLD THIS UP OVER, OVER THIS, BUT I THINK I WOULD PREFER TO CLEAR THE HIGH END FOR THE LOW COMPLEXITY NUMBER, UM, GIVEN THAT THERE WAS SOME DELAY IN THAT, BUT I'M NOT, THAT, I'M NOT GONNA HOLD THIS UP FOR THAT ONE.
UH, THAT WOULD BE JUST ONE NOTE THAT I THINK FIVE KI THINK WOULD BE, I THINK SAFE IN TERMS OF MAKING SURE THAT WE'RE NOT SORT OF GOING BELOW WHAT THE CITY COST WOULD BE.
UH, THANK YOU COMMISSIONER, UH, FOR THAT.
UM, JUST AS A COMMISSIONER SIG, WELL, I WOULD LIKE TO SPEAK IN SUPPORT OF THE MOTION THAT WE HEARD FROM MR. MOORE THAT'S BETWEEN THREE AND 5,000, SO RIGHT DOWN THE MIDDLE WOULD BE 4,000.
SO I THINK THAT THAT'S FAIR NUMBER.
IS THERE ANY OTHER DISCUSSION? OKAY, JUST, UH, MY OWN INPUT ON THIS.
I THINK AS THE COMMISSIONERS KNOW, I JUST, PHIL PERSONALLY, I TEND TO BE PHILOSOPHICALLY OPPOSED TO THE PENALTY REDUCTIONS, UH, FOR A VARIETY OF REASONS I, I DON'T THINK I NEED TO GET INTO AT PRESENT, BUT GIVEN THAT, UH, THAT VIEW IS NOT SHARED, UH, BY THE BODY, UH, I, I WOULD NOTE THAT THE, UM, THAT THE ESTIMATE THAT WAS PROVIDED TO US, THE MANAGERIAL ACCOUNTING ESTIMATE, UH, IS I GUESS QUOTED A LOW COMPLEXITY AVERAGE TOTAL COST OF 3,528 AND 50.
SO THE 4,000 ACTUALLY I THINK DOES COME IN ABOVE THAT, THAT AMOUNT FOR THE AVERAGE.
UM, AND IT, YOU KNOW, IT IS ACTUALLY, YOU KNOW, LESS THAN HALF OF WHAT THE OWNER IS REQUESTING.
SO I, I THINK THIS IS, UM, YOU KNOW, A COMPROMISE IN WHICH EVERYONE COULD LEAVE HAPPY.
UH, AND SO, UH, THERE'S NO FURTHER DISCUSSION.
I THINK IT'S APPROPRIATE TO GO AHEAD AND, AND, UH, AND PUT THE QUESTION TO THE BODY.
SO THIS IS GONNA BE A ROLL CALL VOTE.
I'LL ASK THE COMMISSIONERS TO, UH, I'LL IN FAVOR SAY AYE.
AND I'LL BEGIN WITH COMMISSIONER SOCAL.
AYE COMM, UH, VICE CHAIR CAMPBELL AYE.
THERE BEING SIX AYES AND NO NAYS.
UM, MS. MILLER, UH, I I GUESS A COPY OF OF THE ORDER WILL BE MAILED TO YOU.
DO YOU HAVE, UH, IF YOU HAVE ANY OTHER QUESTIONS OF US BEFORE YOU LEAVE OR I DO NOT.
AND IF YOU HAVE QUESTIONS ABOUT IMPLEMENTATION OR ANYTHING, JUST STAY IN TOUCH WITH THE CODE OFFICIALS, SO THANK YOU.
UM, SO AT THIS TIME I SHOW THAT
[5. Case Number: CL 2024-112737 and CL 2024-104785]
WE HAVE TWO PROPERTY REPRESENTATIVES REGISTERED TO TESTIFY ON ITEM NUMBER FIVE, SO I THINK IT WOULD BE PRUDENT TO GO TO[00:25:01]
THAT ONE NEXT.UM, AND SO THAT IS THE PROPERTY AT 1817 OLTORF? YES.
AND SO WOULD, SO IF YOU'RE HERE ON, ON 1817 OLTORF, COULD YOU PLEASE COME DOWN AND, AND TAKE A SEAT AT THE PODIUM? THANK YOU.
ITEM NUMBER FIVE ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY AT 1815 EAST RF STREET, ALSO KNOWN AS THE SOCIAL.
TONIGHT THE COMMISSION WILL BE ADDRESSING VIOLATIONS REGARDING THE PROPERTY EXTERIOR FENCE, ALSO IDENTIFIED AS CASE CL 20 24 112 7 3 7, AND BUILDING 11, ALSO IDENTIFIED AS CL 20 24 1 0 4 7 85.
THE EXHIBITS FOR BOTH CASES CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.
THIS COMMERCIAL MULTIFAMILY PROPERTY IS PART OF THE REPEAT OFFENDER PROGRAM AND CONSISTS OF 32 BUILDINGS AND 223 APARTMENT UNITS.
THE TWO CASES WERE OPENED IN DECEMBER, 2023 AND JULY, 2024, RESPECTIVELY.
AS THE RESULT OF PERIODIC INSPECTIONS, NO PERMITS HAVE BEEN OBTAINED FOR THE SIGHTED VIOLATIONS TO DATE.
THE STRUCTURES IN BOTH CASES ARE CONSIDERED SUBSTANDARD WITH UN UNSAFE CONDITIONS AND REQUIRE REPAIR IN YOUR READERS.
IN GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE AND THREE, WHICH CONTAINS THE COMPLAINTS AND CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, EXHIBITS TWO A THROUGH TWO F AND FOUR A THROUGH FOUR I, WHICH CONSISTS OF PHOTOGRAPHS OF THE PROPERTY IN VIOLATIONS AND THE RECOMMENDED ORDERS CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ERIC FINN AND I'M A CODE INSPECTOR, THE DEVELOPMENT SERVICES DEPARTMENT OF CODE COMPLIANCE DIVISION.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL MULTI-FAMILY STRUCTURE LOCATED AT 1817 EAST OTO STREET, UH, WHICH CONCERNS BUILDING 11 AND THE FENCES AROUND THE PROPERTY.
ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT, THE OWNER WAS IDENTIFIED AS 1817
SINCE JUNE OF 2023, THIS PROPERTY HAS BEEN REGISTERED AS PART OF THE RENTAL REGISTRATION PRO REGISTRATION PROGRAM FOR REPEAT OFFENDERS.
AFTER A 3 1 1 COMPLAINT CONCERNING HOLES OR BREAKS, UH, TO THE FENCE LOCATED AT THE REAR OF THE PROPERTY, I CONDUCTED AN INSPECTION AT 1817 EAST OTO STREET ON DECEMBER THE 12TH OF 2023, WHERE I OBSERVED DETERIORATION, CRACKS, BRAKES, OR MISSING PARTS TO THE FENCE ALONG THE SOUTH END OF THE PROPERTY.
I NOTICE THE VIOLATION WAS SENT OUT ACCORDINGLY, UH, ON OR AFTER DECEMBER THE 15TH OF 2024.
HOWEVER, SINCE THAT TIME, THE ENTIRE FRENCH PROPERTY AT 1817 EAST OTTO STREET HAS DEVELOPED ISSUES CONCERNING HOLES, BREAKS, MISSING PARTS ALONG, UH, PARKER LANE TO INCLUDE DAMAGE OR INOPERABLE GATE ASSEMBLIES THROUGHOUT THE PROPERTY.
AS A RESULT OF THE COMPLAINTS CONCERNING UNSAFE BUILD AND UNSAFE BUILDING WITH THE COLLAPSING STRUCTURE, I CONDUCTED AN INSPECTION ON JULY THE NINTH OF 2024 AT BUILDING 11, UH, WHICH WHERE I OBSERVED CRACKS, BRAKES, UH, TO THE EXTERIOR BRICK SIDING AND FOUNDATION AT BUILDING 11.
ADDITIONALLY, I OBSERVED SEMI CO VIOLATIONS TO EXTERIOR BRICK SIDING AND FOUNDATIONS, UH, AT BUILDINGS 10 AND NINE ON THE SAME DATE.
UH, THESE BUILDING STRUCTURES ARE SINGLE STORY TWO UNIT APARTMENTS LOCATED AT THE PROPERTY.
UH, NOTICE OF VIOLATION, UH, WAS SENT OUT ACCORDINGLY ON OR ABOUT JULY THE 10TH OF 2024.
I'LL NOW PROCEED TO MY PHOTO PRESENTATION OF THIS PROPERTY.
EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW OF THE SIDE OF THE PROPERTY LOCATED AT 1817 EAST OTO STREET, UH, BY BUILDING ONE, SHOWING THE, THE SIGN, UM, AND THE NAME OF THE PROPERTY AS THE SOCIAL APARTMENTS.
UH, THIS IS ONE SECTION OF THE REAR FENCE
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LOCATED IN EXHIBIT TWO B, WHERE YOU'LL SEE SOME BOARDS HAVE BEEN REPAIRED, UH, SOME BOARDS ARE WORN AND, UH, A BOARD HAS FALLEN OFF.YOU WILL SEE WHERE REPAIRED BOARDS WERE TORN OUT AND ARE NOW ON THE GROUND, WHICH STILL CREATING THE ISSUE WHERE, UH, FENCE ISN'T COMPLETELY REPAIRED.
NEXT EXHIBIT, EXHIBIT 2D SHOWS, UH, ANOTHER AREA OF DEFENSE WHERE MORE BOARDS ARE MISSING AND PIECES ARE ON THE GROUND.
NEXT EXHIBIT EXHIBIT TWO E IS JUST ANOTHER CLOSEUP VIEW OF THE REAR FENCE.
UH, THIS IS, UH, NEAR BUILDING 29 AT THE PROPERTY SHOWING THE OTHER SIDE FROM THE DEAD END AT BRIGGS STREET WHERE BOARDS ARE MISSING.
NEXT EXHIBIT, EXHIBIT TWO FS SHOWS EXPOSED WIRING DOWN BY ONE OF THE GATES ON THE SOUTHEAST END BY BUILDING 32 AT THE PROPERTY THAT ARE MISSING, UH, PROTECTIVE, UH, CONDUIT.
NEXT EXHIBIT, EXHIBIT FOUR A AGAIN, IS A CONTEXTUAL VIEW OF THE FRONT ENTRANCE BY BUILDING ONE AT THE PROPERTY.
NEXT EXHIBIT, EXHIBIT FOUR B IS A CONTEXTUAL VIEW OF THE FRONT SIDE OF BUILDING 11 AT THIS PROPERTY.
NEXT EXHIBIT, EXHIBIT FOUR C SHOWS THAT, UH, PARTS ARE MISSING TO AN EXTERIOR DRYER EXHAUST VENT COVER.
NEXT EXHIBIT, EXHIBIT FOUR D SHOWS, UH, DIFFERENT COLORS IN AND OR SOME TYPE OF MATERIAL APPLIED TO CRACKS TO THE UPPER SIDE OF THE WINDOW BY UNIT 10 29.
NEXT EXHIBIT, EXHIBIT FOUR E SHOWS MORE DIFFERENT COLORS OR, AND OR PATCHING, UH, TO THE WINDOW AREA AT BUILDING 11 BY THE, THE RIGHT SIDE WINDOW OF UNIT 10 29.
NEXT EXHIBIT, EXHIBIT FOUR F IS A CONTEXTUAL VIEW OF THE FRONT SIDE, UH, LEADING UP TO UNIT 10 30 WHERE YOU'LL SEE SOME, UH, REPAIRS TO CRACKS ALONG THE SIDEWALK.
NEXT EXHIBIT, EXHIBIT 4G SHOWS THE FRONT PORCH WHERE THE FOUNDATION IS RAISED AND THERE ARE STILL MORE CRACKING, UH, CRACKS RATHER TO THE PORCH, UH, THAT WERE ATTEMPTED TO BE REPAIRED.
NEXT EXHIBIT, EXHIBIT FOUR H IS THE REAR OF BUILDING 11.
IN THIS PHOTO YOU'LL NOTE CRACKS, WHICH LEAD DOWN TO THE FOUNDATION.
ALSO THERE'S OPENINGS OR SPACES UNDERNEATH THE FOUNDATION, AND YOU'LL NOTE THERE'S, UH, THE TOP OF A CLEAN OUT PIPE, UH, RESTING IN THAT, UH, HOLE OR OPENING THERE.
THIS IS JUST ANOTHER CONTEXTUAL VIS VIEW, UH, SHOWING THE CRACKS ALONG THE FOUNDATION TO THE REAR BUILDING 11 AND EXHIBIT FOUR I NEXT EXHIBIT.
THIS CONCLUDES MY PRESENTATION PENDING ANY QUESTIONS 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 A PUBLIC AND ATTRACTIVE NUISANCE AND ARE SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH FOUR I CONSISTING OF EXHIBIT ONE AND THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND FOUR A THROUGH FOUR.
I CHAIR, MAY I MAKE A REQUEST? SINCE BOTH RECOMMENDED ORDERS ARE THE SAME, PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER INTO THE RECORD WITH THE UNDERSTANDING THAT THE CITY IS REQUESTING SEPARATE ORDERS IN EACH CASE.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND IN BOTH CASES, ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B CON CORRECT ALL CI SIDE VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46 DAY, 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 AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
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AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.UM, AND UH, SO NOW I WILL TURN TO THE PROPERTY REPRESENTATIVES.
UH, COULD I ASK THAT YOU EACH, UH, JUST IDENTIFY YOURSELVES FOR THE RECORD? SURE.
I'M THE VP OF OPERATIONS FOR QUANTUM LEAVE.
HI, MY NAME IS ALEJANDRA GEER AND I'M THE REGIONAL MANAGER.
AND WERE YOU BOTH PLANNING ON SPEAKING OR JUST WILL ONE OF YOU BE SPEAKING? I, I'LL JUST SPEAK, SIR.
SO, UH, MS. GARN, BEFORE YOU BEGIN YOUR, UH, PRESENTATION, DO YOU HAVE ANY QUESTIONS FOR THE CITY'S OFFICIALS? OH, I'M, I'M SORRY.
YEAH, COULD WE HAVE THE, THE EXHIBITS ADMITTED BEFORE YOU PROCEED? THANK YOU.
ONE MOMENT, UH, WITHOUT OBJECTION.
UH, THE CITY'S REQUESTING THAT WE ADMIT THE EXHIBITS WITHOUT OBJECTION.
I WILL ADMIT EXHIBITS ONE THROUGH FOUR, UH, I CONSISTING OF, UH, THE CITY'S EXHIBITS IS THEIR OBJECTION.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
AND, UH, AND SO, UM, SO FORGIVE ME WHERE I LEFT OFF.
BEFORE YOU BEGIN YOUR PRESENTATION, YOU'RE WELCOME TO ASK ANY QUESTIONS OF THE CITY OFFICIALS IF YOU HAVE ANY.
IF NOT, YOU CAN JUST GO STRAIGHT INTO YOUR PRESENTATION.
UM, I, UM, I'LL GO INTO MY PRESENTATION.
I RECENTLY JOINED THE ORGANIZATION, AND SO IN LIGHT OF MY RECENT DISCOVERIES, UM, WE STARTED DOING THE REPAIRS IMMEDIATELY.
I DID MAKE A PHONE CALL TO, UM, MR. ADAMS AND MR. FINN JUST TO KNOW THAT I'M NOW TAKING CARE OF THIS CASE AND THEY'RE ALL BEING TAKEN CARE OF IN THE LAST, UM, THREE TO FOUR DAYS.
WE, PARDON ME, COULD I JUST REQUEST THAT YOU MOVE THE MIC CLOSER TO YOU? OH, SURE.
IN THE LAST THREE, FOUR DAYS, WE COMPLETED 60 OF OUR VIOLATIONS BUILDING 11, AND THE FENCE IS A HUNDRED PERCENT COMPLETE.
IS THAT, IS THAT ALL OR
UM, ONE, I GUESS ONE OTHER NOTE IS I KNOW THAT MR. FINN HAD, UM, VISITED YESTERDAY TO OBSERVE SOME OF THE DAMAGES AND OR THE VIOLATIONS THAT WERE COMPLETED, SO HOPEFULLY THAT THOSE WOULD GET CLOSED OUT.
UM, DO YOU, UM, WELL, LET ME DO THIS.
UH, DO THE CITY, DOES THE CITY HAVE ANY QUESTIONS OF THE, OF THE PROPERTY REPRESENTATIVE? NO.
UH, THEN WHAT I'LL DO, SO LET ME DO THIS.
LET ME, UH, OPEN IT UP TO MY FELLOW COMMISSIONERS.
DOES ANYBODY HAVE ANY QUESTIONS FOR EITHER, UH, EITHER CODE OFFICIALS OR THE, UH, VICE CHAIR CAMPBELL? YEAH, I'D JUST LIKE TO ASK THIS TO THE PROPERTY REPRESENTATIVES.
UM, YOU KNOW, A A AS YOU'VE SAID, YOU'VE BEEN CLEARING OUT MANY OF THESE VIOLATIONS.
DO YOU HAVE ANY SENSE OF A TIMELINE FOR HOW SOON YOU COULD POTENTIALLY GET ALL OF THEM CLEARED? THE GOAL IS BY NEXT WEEK, HOWEVER, THERE IS, UM, A SMALL ISSUE ON OUR, UH, VIOLATION WITH THE HVAC PERMITS.
I DID PAY A THIRD PARTY COMPANY TO GO GET ALL 25 PERMITS, HOWEVER, WE WERE RED FLAGGED BECAUSE WE WERE ON THE REPEATED OFFENDER AND THAT IT WOULD TAKE ANYWHERE BETWEEN FIVE TO 10 DAYS.
SO, ALTHOUGH I PAID FOR IT, I'VE GOT THE RECEIPT AND I'VE GOT A CASE NUMBER, I CAN'T, UM, GET THOSE PERMITS UNTIL I, I GET THE, I GUESS, THE, UM, INFORMATION FROM THE CITY WHEN THEY DE, YOU KNOW, GO THROUGH THE DETAILS.
SO, ALTHOUGH I WANNA FINISH IT NEXT WEEK, I DON'T KNOW IF I CAN FINISH THE ENTIRE LIST BY NEXT WEEK.
AND, AND THE ONLY OTHER QUESTION THAT I HAD WAS OUR CURRENT, UM, RECOMMENDED ORDER, UH, GIVES US 45 DAYS, UH, OR RATHER GIVES Y'ALL 45 DAYS, UH, TO EACH COMPLIANCE BEFORE PENALTIES START KICKING IN.
IS THERE ANY ASK OF US THAT YOU WOULD MAKE, UM, FOR HOW TO CHANGE THE ORDER? UM, IS IS THERE ANYTHING THAT YOU'RE ASKING OF US? JUST TO SAFE PART, I WOULD LIKE TO REQUEST 90 DAYS.
UH, ARE THERE ANY OTHER QUESTIONS FROM COMMISSIONERS? OKAY, UH, HEARING NONE, UH, SO TO THE BEAR WITH ME.
SO, UH, AT THIS TIME BEFORE WE CLOSE THE PUBLIC PORTION OF THE HEARING, YOU'RE WELCOME TO OFFER A SUMMATION.
YOUR PRESENTA, YOUR INITIAL PRESENTATION WAS SO SHORT, IT SOUNDS AS THOUGH YOU MIGHT NOT HAVE ONE, BUT IF YOU, IF YOU'D LIKE, YOU CAN TAKE UP TO THREE MINUTES TO SUMMARIZE.
NO, I REALLY DON'T, UM, HAVE ANYTHING BESIDES WHAT WAS BROUGHT TO ME TODAY FOR 11 IN THE FENCE, AND THEY WERE ALL COMPLETED.
AND, AND LIKEWISE, UH, IS THERE ANY, ANY ITEMS OF CONCERN THAT CAME UP THE CITY WOULD LIKE TO ADDRESS BEFORE WE ENTERTAIN A MOTION TO CLOSE?
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NO.SO I, AT THIS TIME, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION OF THE, OF THE, THE HEARING ON THE CASE.
UH, I'LL MOVE TO CLOSE THE PO PUBLIC PORTION.
VICE CHAIR CAMPBELL MOVES TO CLOSE.
DO I HAVE A SECOND? I'LL SECOND THAT.
UH, UH, COMMISSIONER ELL SECOND.
UH, I'LL, UH, ALL, UH, ALL IN FAVOR? AYE.
HEARING NONE, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
I'D ASK THAT YOU REMAIN SEATED IN CASE WE HAVE QUESTIONS, BUT WE WON'T ASK ANY MORE AFFIRMATIVE PRESENTATION OF YOU AT, AT THIS TIME.
UH, SO, UH, AS A REMINDER, WE, UH, ORDINARILY DON'T DISCUSS UNLESS THERE'S A, A PENDING MOTION.
SO, UH, I WOULD ENTERTAIN A MOTION AT THIS TIME IF ANYBODY HAD ONE VICE CHAIR CAMPBELL.
UH, I WOULD MOVE TO ADOPT STAFF'S PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW, AND ADOPT THE RECOMMENDED ORDER WITH THE AMENDMENT THAT 45 DAYS BE CHANGED TO 90 DAYS AND THE 46TH TODAY COULD BE CHANGED TO THE 91ST.
VICE CHAIR MEMBERS, YOU'VE HEARD THE MOTION? IS THERE A SECOND? SECOND.
UH, SECOND BY COMMISSIONER OLUGO.
AND SO, UH, SOME MEMBERS, IT'S, UH, THE MOTION IS TO ADOPT, UH, STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER EXCEPT TO MODIFY THE COMPLIANCE PERIOD FROM 45 TO 90 DAYS WITH PENALTIES TO BEGIN ON THE 91ST.
UH, IS THERE ANY DISCUSSION ON THE MOTION? OH,
UH, SO I GAVE THEM THE 90 DAYS THAT THEY ASKED FOR IN THIS, UM, UH, POST MOTION.
AND, UM, I'M CERTAINLY WILLING TO HEAR ARGUMENTS, UH, TO SHORTEN THAT, BUT IT JUST SEEMS LIKE THE PROPERTY OWNERS HAVE BEEN RESPONSIBLE AT LEAST SINCE THE NEW PROPERTY MANAGER CAME IN, AND AT LEAST THE ESTIMATE THAT THEY'RE GIVING US SEEMS LIKE THEY'LL REACH COMPLIANCE ANYWAY, SO IT DOESN'T REALLY SEEM LIKE WE NEED TO PUT THE SCREWS ON THEM.
THANK YOU VICE CHAIR, UH, FELLOW COMMISSIONERS.
ANY DISCUSSION? AS A REMINDER, WE HAVE A BARE QUORUM TONIGHT.
SO, UH, SO, UH, I ENCOURAGE YOU TO TAKE THIS OPPORTUNITY IF YOU HAVE ANY OPPOSITION TO THE MOTION.
I'M NOT HEARING ANY, SO WHAT I'M GONNA DO IS PUT THE QUESTION TO THE COMMISSION.
IT'LL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
UH, AYE, COMMISSIONER, SO-CALLED VOTES.
VICE CAMPBELL VOTES? I CHAIR VOTES I THERE BEING SIX SIDES AND NO NAYS.
THE MOTION CARRIES A, A COPY OF THE ORDER WILL BE MAILED.
UH, DO YOU UNDERSTAND EVERYTHING THAT'S HAPPENED? DO YOU HAVE ANY QUESTIONS FOR US? NO, SIR.
WE APPRECIATE YOUR, YOUR TESTIMONY.
SO, UH, THE NEXT ITEM ON WHICH I SHOW WE HAVE PROPERTY REPRESENTATIVE REGISTERED TO TESTIFY IN PERSON IS NUMBER SEVEN.
[7. Case Numbers: CL 2023-040275 and CL 2023-038121]
THIS IS, UH, 1221 ARITA AND, UH, IS THE, UH, PROPERTY REPRESENTATIVE HERE THIS EVENING? YES.IF YOU WOULDN'T MIND COMING DOWN AND TAKING A SEAT.
ITEM NUMBER SEVEN ON THE AGENDA IS A REPEAT OFFENDER PROGRAM, MULTIFAMILY PROPERTY LOCATED AT 1 2 2 1 EL RITA AVENUE, ALSO KNOWN AS CASCADE APARTMENTS, AND ALSO KNOWN AS 1 2 2 2 ALITA AVENUE.
ORDERS WERE ISSUED BY THE COMMISSION FOR THE EXTERIOR AND BUILDING 14 UNIT 2, 7 7 IN MAY, 2023.
PROPERTY OWNER HAS A CHIEF COMPLIANCE WITH BOTH ORDERS AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF OF THE ACCRUED PENALTIES.
THE CASE NUMBERS ARE CL 20 23 0 4, 0 2 75, AND CL 20 23 0 3 8 1 21.
THE NEW AND PREVIOUSLY ADMITTED EXHIBITS CAN BE FOUND IN THE RED ORANGE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THESE CASES.
THIS COMMERCIAL MULTI-FAMILY PROPERTY IS PART OF THE REPEAT OFFENDER PROGRAM AND CONSISTS OF 15 BUILDINGS AND 198 UNITS.
THESE CASES WERE THE RESULT OF PERIODIC INSPECTIONS IN JUNE, 2022 AND JULY, 2022.
ORDERS WERE ISSUED IN BOTH CASES WITH FOR REPAIR WITHIN 60 DAYS, WITH A PENALTY OF $1,000 PER WEEK BEGINNING ON THE 61ST DAY.
IF COMPLIANCE WAS NOT ACHIEVED, THE TOTAL PENALTIES AS OF TODAY'S DATE ARE $13,753 AND 15 CENTS AND $5,058 AND 63 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM WHEN COMPLIANCE WAS
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ACHIEVED THROUGH TODAY'S DATE FOR A TOTAL OF $18,811 AND 78 CENTS.IN YOUR READER OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO A THROUGH TWO N AND THREE AND FOUR A THROUGH FOUR I, AS WELL AS EXHIBIT FIVE, WHICH CONSISTS OF UPDATED COMPLAINTS AND CASE HISTORIES.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, COPIES OF THE RECORDED BSC ORDERS ISSUED MAY 24TH, 2023, AND CORRESPONDING PENALTY STATEMENTS AND EXHIBIT SIX, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AT TIMELINE FOR COMPLIANCE.
AND WE'LL PRESENT SOME BEFORE AND AFTER PHOTOS CODE INSPECTOR FINN, PLEASE BEGIN.
SO I'M CODE INSPECTOR ERIC FINN WITH THE DEVELOPMENT SERVICES CODE COMPLIANCE DIVISION AND THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL MULTIFAMILY STRUCTURE LOCATED AT 1 2 2 1 AGARITA AVENUE CONCERNING UNIT 2 7 7 AT BUILDING 14.
ACCORDING TO THE TRAVIS APPRA, TRAVIS COUNTY APPRAISAL DISTRICT, THE OWNER OF RECORD IS IDENTIFIED AS CASCADE S-D-P-L-L-C SINCE SEPTEMBER OF 2021.
THIS PROPERTY WAS REGISTERED AS PART OF THE RENTAL REGISTRATION PROGRAM FOR REPEAT OFFENDERS AS A RESULT OF A 3 1 1 COMPLAINT, UH, CONCERNING ROTTEN FURNITURE, OVERFLOWING GARBAGE CANS.
I CONDUCTED AN INSPECTION ON JULY 28TH, 2022.
UH, DURING THIS INSPECTION, I OBSERVED ISSUES CONCERNING DIOP, EXCUSE ME, I OBSERVED ISSUES CONCERNING DILAPIDATED FENCES, UH, DAMAGE TO EXTERIOR WALLS OF A STORAGE BUILDING, AS WELL AS OPEN, UH, JUNCTION ELECTRICAL JUNCTION BOX BOXES AT THE PROPERTY TO INCLUDE SOME MISSING OR LOOSE ROOF SHIELDS TO CERTAIN BUILDINGS AT THE PROPERTY.
A NOTICE OF VIOLATION WAS SENT OUT ACCORDINGLY ON JULY 10TH, 2024.
ADDITIONALLY, FOR THE INTERIOR OF UNIT 2 7 7, UH, IT WAS A 3 1 1 COMPLAINT.
UH, THE INITIAL INSPECTION CONDUCTED ON JULY THE 20TH OR 2022, WHERE I OBSERVED LOOSE OR TORN CARPET, UM, EVIDENCE OF COCKROACHES IN THE KITCHEN, ISSUES WITH APPLIANCES AND WATER LEAKAGE FROM A METAL COVER TO THE BATHROOM CEILING DURING JANUARY OF 2022, I DISCOVERED THAT A LIEUTENANT WAS OCCUPYING UNIT 2 7 7 WITH THE SAME ISSUES.
A NOTICE OF VIOLATION WAS UPDATED AND SENT OUT ACCORDINGLY ON AUGUST CORRECTION APRIL THE 20TH OF 2023.
OTHER CASE ACTIVITIES WHICH RESULTED FROM PERIOD PERIODIC INSPECTIONS DURING DECEMBER OF 2023 AND 3 1 1 COMPLAINTS, UH, WHICH RESULTED IN A RANGE OF DEFICIENCIES CONCERNING LOOSE OR DETACHED FLOORBOARDS TO LANDINGS OF WALKWAYS, UH, FINDING COCKROACHES IN OTHER APARTMENTS, H VS NOT FUNCTIONING AS INTENDED, UH, EXPOSED ELECTRICAL WIRING TO EXTERIOR JUNCTION BOXES OR DISCONNECT BOXES, UH, AND NO SMOKE ALARMS AND APARTMENTS.
I'LL NOW PROCEED TO MY PRESENTATION OF THIS CASE.
THE FIRST EXHIBIT PHOTO IS JUST A CONTEXTUAL VIEW OF THE, UH, CASCADE APARTMENTS LOCATED AT 1 2 2 1 AGGRAVATE AVENUE.
UH, THE SECOND EXHIBIT TAKEN ON SEPTEMBER THE 20, I THINK THAT'S 26TH OF 2022 SHOWS, UM, A MISSING PIECE TO THE FENCE AS WELL AS PART OF THE FENCE IS LEANING TOWARDS THE LEFT BACK
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THERE.NEXT EXHIBIT, THIS EXHIBIT SHOWS A STORAGE BUILDING WITH DAMAGE OR TO THE EXTERIOR WALL AS WHERE AS WARM BOARDS OR MATERIALS.
NEXT EXHIBIT, UH, THIS EXHIBIT SHOWS THE SWIMMING POOL IN FRONT OF, UH, BUILDING 14 WITH DISCOLORATION.
THIS IS THE TOP OF THE LAUNDRY ROOM NEAR THE LEASING OFFICE, WHICH SHOWS BLUE OR DETACHED, UH, ROOF SHINGLES.
NEXT EXHIBIT, UH, THIS IS A CONTEXTUAL VIEW OF, UH, WOOD POSTS WHERE YOU, THERE'S DETERIORATION TO THE BEAMS AT THE BOTTOM.
NEXT EXHIBIT, THIS IS BY THE SWIMMING POOL.
THIS IS A, UH, JUNCTION BOX WITH EXPOSURE, ELECTRICAL WIRING, UH, BY THE SWIMMING POOL.
THIS IS A RETAINER WALL THAT FELL OR IS IN DISREPAIR LOCATED AT BUILDING THREE OF THIS PROPERTY.
THIS EXHIBIT SHOWS A REPAIR TO THE DEFENSE LOCATED BY BUILDING 13.
THIS EXHIBIT SHOWS THE REPAIR TO THE STORAGE BUILDING OF THE EXTERIOR WALL.
THIS IS A PICTURE OF THE SWIMMING POOL AGAIN BY BUILDING 14, WHICH SHOWS THE, UH, SWIMMING POOL AS BEING TREATED WITH WATER.
NEXT EXHIBIT, THIS IS A CONTEXTUAL VIEW OF THE LAUNDRY ROOM BY THE LEASING OFFICE SHOWING THE REPAIR OF THE ROOF SHINGLES AS WELL AS THE SUPPORT BEAMS WERE THAT WERE DETERIORATED HAVE BEEN IMPROVED.
NEXT EXHIBIT, THIS IS A CONTEXTUAL VIEW OF THE SWIMMING POOL, UH, SHOWING THAT THE JUNCTION BOX, UH, HAS A COVER AND IT'S BEEN SEALED.
THIS IS A REPAIR OF THE RETENTION WALL AT BUILDING THREE, WHICH SHOWS, UH, THE BRICK AND MORTAR HAS BEEN REPLACED.
NEXT EXHIBIT, UH, THIS IS JUST A CONTEXTUAL VIEW OF THE LEASING OFFICE IN FRONT OF THE PROPERTY ON TAKEN ON JULY 20TH, 2022.
THIS IS JUST A CONTEXTUAL VIEW OF THE FRONT DOOR TO UNIT 2 7 7.
THIS IS A CONTEXTUAL VIEW SHOWING, UM, I'M USING A D DEVICE TO TEST AND SEE THAT THE ELECTRICAL OUTLET WORKS, BUT, UH, THERE WAS, YOU CAN'T PUSH A DEVICE IN, UH, SO YOU CAN'T DETERMINE THAT IT WORKS.
AND ALSO THE TEST LIGHT ON THIS, UH, RECEPTACLE IS NOT GREEN.
NEXT EXHIBIT, THIS EXHIBIT SHOWS WHERE THERE WAS A FOLLOW-UP INSPECTION ON APRIL THE 25TH OF 2023, SHOWING EVIDENCE OF, UH, DEAD CAR ROACHES INSIDE UNIT 2 7 7.
NEXT EXHIBIT, UH, THIS IS A FOLLOW UP ON SEPTEMBER THE 10TH, SHOWING REPAIR TO THE CARPET, UH, IN THE LIVING ROOM AT UNIT 2, 7 7.
UH, THIS IS A CONTEXTUAL VIEW SHOWING THE SAME, UH, WALL SOCKET AND THE, THE DEVICE FITS IN THERE AND ALSO THE TEST LIGHT IS ON, UH, AND THE DEVICE IS VERIFYING THAT ELECTRICITY IS FLOWING THROUGH THE ELECTRICAL, UH, RECEPTACLE.
THIS CONCLUDES MY PRESENTATION PENDING ANY QUESTIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AT EXHIBIT SIX, WHICH CONSIST CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE, AFFIRM THE TWO CIVIL PENALTIES OF $13,753 AND 15 CENTS AND $5,058 AND 63 CENTS ASSESSED FROM THE ORDERS ISSUED MAY 24TH, 2023 TRV 2, 2 23 0 3 0 6 1 7 6 8, AND TRV 2 0 2 3 0 6 1 7 6 9 FOR COMBINED TOTAL OF $18,811 AND 78 CENTS.
OR IN THE ALTERNATIVE, IF THE COMBINED TOTAL PENALTY AMOUNT OF $18,811 AND 78 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE THE MODIFIED ORDER IS MAILED TO PAY THE CIVIL PENALTIES IN FULL AT THE REDUCED AMOUNT AND ON THE 31ST DAY FROM THE DATE THE MODIFIED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE UNPAID PORTION OF THE ORIGINAL COMBINED PENALTY AMOUNT OF $18,811 AND 78 CENTS, INTEREST SHALL ACCRUE, SHALL CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM
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THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.UH, AT THIS TIME, IF THERE'S NO OBJECTION, I'LL ADMIT, UH, STAFF'S EXHIBITS FIVE AND SIX.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, AND NOW I WILL TURN TO, UM, THE PROPERTY REPRESENTATIVE.
I COULD ASK THAT YOU PLEASE, UH, STATE YOUR NAME AND YOUR RELATIONSHIP TO THE PROPERTY FOR THE RECORD.
I AM THE SENIOR PROPERTY MANAGER OVER CASCADE.
BEFORE YOU, UH, PIVOT TO YOUR, BEFORE YOU GET INTO YOUR PRE YOUR PRESENTATION, YOU'RE WELCOME TO ASK ANY QUESTIONS OF CODE OFFICIALS IF YOU HAVE ANY QUESTIONS.
SO WE ARE HERE TO ASK FOR PENALTY RELIEF FOR REDUCTION IN THE COST.
UM, WE HAVE BEEN WORKING TO MAKE IMPROVEMENTS.
UM, I DID OVERHEAR THAT THIS STARTED JUNE OF 2022 AND JULY OF 2022.
WE DIDN'T PURCHASE THE PROPERTY UNTIL THE END OF JULY OF 2022.
SO I THINK THAT'S WHERE A LOT OF THE ISSUES HAPPENED.
UM, ONCE THE OFFICIAL LETTER CAME ABOUT THE PENALTIES IN MAY OF 2020, UM, MAY 24TH, 2023, WE DID MAKE SURE THAT EVERYTHING WAS COMPLETED.
UM, WELL, TO MY KNOWLEDGE, WE COMPLETED ALL REPAIRS THAT ARE IN REFERENCE TO THE PENALTY FINES BY THE 61ST DAY, UM, ON JULY 24TH, 2020, UM, 2023.
I KNOW THAT IT WAS ALSO REPORTED TO INSPECTOR FINN ABOUT THE UNIT BEING TREATED FOR THE ROACHES THAT WAS SENT TO HIM ON JULY 18TH, 2023.
UM, THAT IT WAS TREATED ON JULY 17TH IN 2023, AND A COPY OF THE PEST CONTROL WAS SENT OVER TO HIM.
SINCE THEN, WE HAVE MADE SURE TO ADDRESS ANY WORK ORDERS, ANY ISSUES.
UM, WE DO HAVE SOME CODE VIOLATIONS, BUT WE HAVE WORKED TO CLOSE MOST OF THOSE OUT AND WE CONTINUE TO DO THAT AND RESPOND TO ALL OF OUR RESIDENTS.
UM, DOES THE CITY HAVE ANY, UH, QUESTIONS FOR MSSA BEFORE WE TURN IT OVER TO THE COMMISSION? NO.
DO MY FELLOW COMMISSIONERS HAVE QUESTIONS FOR EITHER THE PROPERTY REPRESENTATIVE OR CODE OFFICIALS? OKAY.
UH, VICE CHAIR CAMPBELL, UH, THIS QUESTION GOES OUT TO THE DIVISION MANAGER, ROBERT MOORE.
UM, WOULD YOU CHARACTERIZE THIS CASE IN TERMS OF COMPLEXITY? UH, AS HIGH, MIDDLE, OR LOW? THIS WOULD BE HIGH.
DUE TO REPEAT OFFENDER PROGRAM.
VICE CHAIR IS THERE, ARE THERE ANY OTHER QUESTIONS? OKAY.
HEARING NONE, UH, MS. SUN, I'M GONNA ENTERTAIN MOTIONS TO CLOSE THE PUBLIC HEARING.
UH, ORDINARILY AT THIS TIME, WE'D GIVE YOU AN OPPORTUNITY TO SUM UP YOUR PRESENTATION WAS VERY BRIEF.
I'M ASSUMING YOU PROBABLY DON'T HAVE ANY SUMMARY OR, OR, OR DO YOU HAVE A PARTICULAR DOLLAR FIGURE YOU HAD IN MIND? ANYTHING LIKE THAT? UM, SORRY TO PUT YOU ON THE SPOT, BUT
UM, IT, I MEAN, IN A SENSE THAT TAKES AWAY FROM THE PROPERTY AND WE'D LOVE TO MAKE SURE TO USE THAT MONEY TO MAKE REPAIRS FOR THE RESIDENTS.
UM, I JUST KNOW THAT EVERYTHING WAS TAKEN CARE OF BASED ONCE IT WAS BROUGHT TO US IN THE NEW MANAGEMENT.
UM, WE WORKED VERY CLOSELY WITH INSPECTOR FEND TO MAKE SURE THAT EVERYTHING WAS DONE COMPLETELY.
UM, I KNOW THERE WERE SOME ISSUES WITH THAT UNIT AND THE CLEANLINESS OF THE RESIDENT.
UM, BUT WE DID CONTINUE TO TREAT IT EVEN AFTER THE INITIAL TIME TO MAKE SURE AND TAKE CARE OF THE ISSUES THAT SHE HAD.
AND LIKEWISE, UH, INSPECTOR FINN OR SUPERVISOR ADAMS, DO YOU HAVE ANY SUMMATION? NO.
NO, UH, THEN AT THIS TIME I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UH, THE MOTION OF COMMISSIONER SIG.
SECONDED BY VICE CHAIR CAMPBELL.
HEARING NONE, THE PUBLIC PORTION OF THE HEARING IS CLOSED, CLOSED.
MS. SUN, IF YOU WOULDN'T MIND REMAINING AT THE PODIUM JUST IN CASE WE HAVE QUESTIONS, BUT WE WON'T REQUIRE ANY FURTHER AFFIRMATIVE PRESENTATION FROM YOU.
UH, SO, UH, DO I HAVE A MOTION? UH, COMMISSIONER SLUGO, I MEAN, IN THE SPIRIT OF WHAT WE HAVE DONE BEFORE, I PROPOSE THAT WE PRODUCE, UH, WE ACCEPT I MOVE TO ADOPT, TO ADOPT STAFF'S WRITINGS FACTS AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THAT ORDER, WHICH IS TO REDUCE THE TOTAL FINE AMOUNT COMBINED FINE AMOUNT TO $8,000.
[01:00:01]
OKAY.UH, SO WE HAVE A MOTION, UH, WITH THE, WITH THE REASONING BEING IT'S JUST A MARGIN ABOVE THE HIGH COMPLEXITY BASED COST.
WE HAVE A MOTION BY COMMISSIONER ROSE LUGO TO REDUCE THE, UH, COMBINED TOTAL CIVIL PENALTIES FROM $18,811 78 CENTS TO $8,000.
THE MOTION IS SECONDED BY VICE CHAIR CAMPBELL AND COMMISSIONER RUSSELL LUGO AS THE MAKER OF THE MOTION.
I'LL, I'LL RECOGNIZE YOU TO, UH, OPEN IF YOU'D LIKE TO DISCUSS.
UM, I'LL A BRIEF, UM, I THINK WE HAVE SET A, YOU KNOW, A STANDARD TONIGHT IN TERMS OF HOW WE WANT TO, UM, UH, CONCEIVE OF THESE PRODUCTIONS.
I THINK GIVEN THE CONTEXT OF THE PROPERTY OWNER TONIGHT, UH, IN TERMS OF HOW THEY HANDLED THE, HOPEFULLY I'M NOT BREAKING ANY LAWS.
UM, IT'S JUST A SIMPLE LOOKING AT THE COST OF THE HIGH COMPLEXITY CASES AND MAKING SURE THAT WE ARE, YOU KNOW, SOME MARGIN ABOVE THAT.
I WANT IT TO BE FAIRLY, UM, GENEROUS AND ONLY DO A VERY TIGHT MARGIN OF THAT HEADING AT, AT 8,000 BUCKS.
ALRIGHT, THANK YOU VERY MUCH, COMMISSIONER.
IS THERE ANY OTHER DISCUSSION? COMMISSIONER SI HAVE A QUESTION FOR MR. MOORE.
UM, I MEAN MAY, UH, WE CAN DO THAT.
SO YOU SAID THIS WAS ON THE HIGH END? YES.
I THOUGHT THE HIGH END WAS CLOSE TO 15,000.
UM, I KNOW THEY'RE LOOKING AT PROBABLY THE FIRST THING WE PUT OUT, BUT WE ALSO HAVE AN ADDENDUM TO INCLUDE INDIRECT COSTS AND THINGS LIKE THAT.
AND IT DOES GET IT UP TO THE 12 TO 15,000 MARK FOR HIGH COMPLEXITY.
IS THAT ADDENDUM IN THIS IPAD WITH US? IT IS, IT IS.
WELL, I THINK, UH, GIVEN THAT PIECE OF INFORMATION, I THINK FOR FUTURE CASES, I WOULD SAY LET'S KEEP THAT ADDENDUM IN MIND.
BUT CONSIDERING WE PREVIOUSLY RULED TODAY USING THE DIRECT COST ANALYSIS, I THINK IT'S ONLY FAIR FOR TONIGHT WE CONTINUE USING THAT MARKER.
AND JUST LET'S, MAYBE IF WE'RE GONNA HAVE THE ADDEND, WE, IF WE'RE GONNA HAVE THAT INFORMATION ON THE IPAD, LET'S MAKE SURE WE HAVE THE FULL SET.
UM, UH, VICE CAMPBELL, UH, I I, I'M NOT NECESSARILY ATTACHED TO ANY NUMBER, BUT I, I I WOULD JUST SAY THAT THE, THE $4,000 NUMBER FROM THE EARLIER CASE WAS, UH, SPECIFICALLY IN REFERENCE TO, UM, DIVISION MANAGER ROBERT MOORE, UH, QUOTE OF THREE TO $5,000, WHICH, IF I'M UNDERSTANDING IT CORRECTLY, DID INCLUDE THOSE INDIRECT COSTS.
IS THAT RIGHT? YEAH, THE, THE LOW COST FOR THE, UM, I'M SORRY, THE LOW IMPACT OR LOW COMPLEXITY, I CAN'T, LET ME GET MY VER VERBIAGE RIGHT.
UM, IS THE THREE TO 5,000 WITH THE INDIRECT COST? YES.
SO, WELL, I ARE THE NUMBERS WITH US, DO THEY DO, DO THEY, IS IT THAT ONLY SOME OF THEM HAVE INDIRECT COST OR IS IT NO, NO, NO, NO.
THERE'S, THERE'S THE NEW FIGURE, LIKE THAT WAS THE BASE LIKE A YEAR OR TWO AGO WHEN WE CAME UP WITH THAT.
WE, WE'VE PASSED IT OUT IN, IN PHYSICAL FORM.
WE JUST DON'T HAVE IT IN THE READER.
JUST TO MAKE SURE I UNDERSTAND, SO THE NUMBERS THAT I'M SEEING IN FRONT OF ME, 3,500 FOR LOW COMPLEXITY, 4,600 FOR AVERAGE.
AND 7,000 FOR HIGH COMPLEXITY.
THAT ONLY TAKES INTO ACCOUNT THE DIRECT COST.
AND IT'S OUTDATED AS FAR AS, YOU KNOW, PEOPLE'S, THE, THE, THE, UM, COST OF LIVING RAISES? YES.
THAT WE GET, YOU KNOW, THE, THE CITY'S TIME AND WAGES.
SO, SO THESE ARE SORT OF SLIGHTLY OUTDATED NUMBERS.
SO GIVEN THAT INFORMATION, I WOULD SAY TO FOUR, TO MAINTAIN THE FAIRNESS OF THE COMMISSION, I WOULD ADVISE THAT WE USE THIS SAME STANDARD FOR THE REST OF THE NIGHT.
AND THEN LET'S USE THE UPDATED ONES FOR THE, UH, FROM HERE ON OUT.
UM, SO IS THERE ANY OTHER DISCUSSION? OH, DIVISION MANAGER.
I WOULD, ONE, UH, LAUREN BROUGHT UP A GOOD POINT.
WE MIGHT WANT TO JUST ATTACH AN AMOUNT FOR TWO DIFFERENT ORDERS SINCE THERE IS TWO DIFFERENT ORDERS INSTEAD OF ONE LUMP SUM.
DO WE WANNA FINISH THE DISCUSSION AND THEN MODIFY THE ORDER? I, LET ME MAKE SURE I UNDERSTAND.
SO, SO WE WANT, SO THE, THE IDEA WOULD BE, WELL MAYBE I, PERHAPS I SHOULD RECOGNIZE MS. CURRY.
DOES THIS, ARE YOU PROPOSING THAT WE SHOULD HAVE TWO, TWO ORDERS ON THIS RATHER THAN ONE OR, UH, NO.
[01:05:01]
THIS IS LAUREN CORY WITH THE, UH, CITY LAW DEPARTMENT.UM, NO, THE, UH, PENALTY SPECIFICALLY, IT'S A, IT'S ONE ORDER FOR A TOTAL AMOUNT, BUT THE, THERE ARE TWO SEPARATE PENALTIES THAT ARE IN DISCUSSION.
AND SO, UM, THE SUGGESTION WAS JUST FOR THE CONVENIENCE OF STAFF WHEN THEY'RE COLLECTING THE PENALTIES THAT THEY HAVE SPECIFIC AMOUNTS ASSOCIATED WITH SPECIFIC, UM, ORDERS.
WELL, DOES ANYBODY, SO MEMBERS YOU'VE HEARD, YOU'VE HEARD, UH, DIVISION MANAGER MOORE AND, AND CITY ATTORNEY, UH, IS THERE, UM, DOES ANYBODY HAVE ANY INTEREST IN, IN MOVING TO DIVIDE OR AMENDING TO DIVIDE? UH, OR IS IS, ARE FOLKS HAPPY WITH THE, THE 8,000? CAN I ASK A QUESTION? SURE.
COMMISSIONER SI JUST WANNA MAKE SURE THAT, BECAUSE WE'RE BANDING, WE'RE JUST THROWING AROUND A LOT OF NUMBERS.
SO THE 18811.78 IS FOR ALL THE, ALL THE INFRACTIONS.
SO IS IT POSSIBLE TO SPLIT IT AND SAY 9,000 FOR ONE ORDER AND 9,000 FOR THE OTHER ORDER, AND THEN MAKE A RECOMMENDATION, A REDUCTION BASED ON THAT? WELL, IF I MAY, LET ME, SORRY.
I THINK I CAN TRY TO, I I CAN TRY TO FIELD THAT ONE.
I THINK WHAT'S BEEN COMMUNICATED TO US IS THAT THERE ARE TWO CIVIL PENALTIES IN THE AMOUNT OF 13,000 753 15 AND 5,000 58 63 RESPECTIVELY, WHICH SUM TO THE EIGHT 18,000 FIGURE.
THE MOTION, THE SECONDED MOTION THAT IS CURRENTLY PENDING BEFORE US IS TO REDUCE IT, IS YOU'RE RIGHT TO REDUCE THAT AGGREGATE DOWN TO EIGHT, BUT NOT TO APPORTION THE EIGHT AMONG THE TWO OH, OKAY.
PORTION DUE WITH THE TWO PENALTIES.
AND SO, UH, I GUESS WHAT I'M SEEKING, UH, INPUT FROM THE MEMBERSHIP ON IS WHETHER THERE'S ANY INTEREST IN, ON THE SUGGESTION OF DIVISION MANAGER OR CITY COUNCIL, UH, TO, TO DIVIDE THAT UP, WHICH I BELIEVE WOULD REQUIRE, UH, WOULD REQUIRE AMENDING THE, THE ORDER, THE PENDING ORDER.
AND SO, SO I'M, I'M HAPPY TO, UH, I'M HAPPY TO HEAR A DISCUSSION ON THAT OR TO ENTERTAIN A MOTION.
UH, VICE CHAIR CAMPBELL, UH, I WOULD ON THE ADVICE OF, UH, LAW AND CORY, UH, OFFER A FRIENDLY AMENDMENT, UM, THAT THE $8,000 FIGURE BE SPLIT, UM, THAT THE $13,753 AND 15 CENTS BE REDUCED TO $5,000 AND THAT THE 5,000 DO, UH, 5,058 AND 63 CENTS NUMBER BE REDUCED TO 3000.
UM, MEMBERS, AND YOU'VE HEARD THE, UH, PROPOSED AMENDMENT BY VICE CHAIR, UH, CAMPBELL, AND, UH, I THINK AS WE DISCUSSED AT OUR, AT OUR PREVIOUS, UM, AT OUR PREVIOUS REGULAR MEETING, MY UNDERSTANDING FROM, I THINK IT'S THE, UM, WHERE OUR RULES AND BYLAWS RUN OUT.
WE, WE, WE REFER TO ROBERT'S RULES.
AND MY UNDERSTANDING FROM SECTION 12 OF THOSE RULES IS THAT, UH, THE ADOPTION OF A SUBSIDIARY MOTION TO AMEND ACTUALLY DOES REQUIRE, UM, A SECONDED MOTION AND A VOTE.
SO, UH, I'LL, AT THIS TIME, I'LL ENTERTAIN A SECOND TO, UH, VICE CHAIR CAMPBELL'S PROPOSED AMENDMENT SECOND.
SO, UH, THE AMENDMENT TO THE MAIN MOTION IS BY VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER OLUGO.
THE RESULT OF THAT MOTION, UH, THE RESULT OF THAT AMENDMENT, PARDON ME, WOULD BE TO, UM, TO DIVIDE THE PROPOSED $8,000 TOTAL, UH, THE TOTAL COMBINED IN THE MAIN MOTION TO APPORTION 5,000 OF THAT TO THE $13,000 PENALTY AND 3000 TO THE 5,000 AND CHANGE PENALTY.
UM, SO, UH, I'M GONNA GO AHEAD AND DO A ROLL CALL VOTE ON THE AMENDMENT.
SO, UH, ON THE AMENDMENT, UM, I'LL BEGIN WITH COMMISSIONER SOCAL.
SO THE MOTION NOW BEFORE THE COMMISSION IS ON THE MOTION OF COMMISSIONER OLUGO AS SECONDED BY VICE CHAIR CAMPBELL AND AMENDED IT WOULD ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER, EXCEPT THAT AFFIRM, IT WOULD AFFIRM THAT CIVIL PENALTIES REDUCED TO $5,000 AND $3,000 RESPECTIVELY, UH, FOR A TOTAL OF $8,000.
IF THEY COMBINE TOTAL, UM, IT WOULD'VE TO BE PAID IN, IN 30 DAYS OR ON THE 31ST DAY IT WOULD REVERT, UH, TO THE FULL ORIGINAL AMOUNT.
UH, DO WE HAVE ANY FURTHER DISCUSSION ON THAT MOTION
[01:10:01]
AS AMENDED? IF NOT, I'LL GO AHEAD AND PUT IT TO THE COMMISSION.SO WE'RE BACK ON THE MAIN MOTION.
THIS WILL BE ANOTHER ROLL CALL VOTE.
AND THIS IS, UM, AGAIN, I'LL BEGIN WITH COMMISSIONER SOCAL.
COMMISSIONER, I'M SORRY THAT, COULD YOU REPEAT THAT ONE MORE TIME? I HAD TROUBLE HEARING WHAT YOU SAID.
UH, SO WE'RE BACK ON THE MAIN MOTION, UM, AS AMENDED.
AND SO THE MOTION, UH, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER OLUGO SECONDED BY VICE CHAIR CAMPBELL AMENDED, UH, TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TO REDUCE THE PENALTY FROM THE PENALTIES FROM $13,753 AND 50 15 CENTS TO $5,000 AND TO REDUCE THE OTHER PENALTY OF $5,058 AND 63 CENTS TO $3,000.
THE RESULT BEING A TOTAL PENALTY OF $8,000 THAT, IF NOT REMITTED IN FULL BY THE 30TH DAY, PARDON ME, BY THE 30TH DAY ON THE 31ST DAY, WOULD REVERT TO THE FULL AMOUNT.
AND, UH, WE'RE TAKING A ROLL CALL VOTE AND, AND YOU'RE UP
OKAY, COMMISSIONER, SO CALL VOTES.
COMMISSIONER SET LAKE AYE VOTE.
VICE CHAIR CAMPBELL VOTES AYE.
THE MOTION AS AMENDED CARRIES, UH, MS. UH, SUNGA, DO YOU, UM, DO YOU HAVE ANY QUESTIONS FOR US? OKAY.
A COPY OF THE ORDER WILL BE MAILED.
UM, THANK YOU FOR BEING HERE TONIGHT.
WE APPRECIATE YOUR PARTICIPATION.
UM, I UNDERSTAND THAT WE HAVE A, UH, RODRIGO PEREZ, UH, REGISTERED TO TESTIFY ON ITEM NUMBER THREE.
[3. Case Number: CL 2024-083133]
THIS WOULD BE, UM, THE PROPERTY AT SCENIC BROOK DRIVE.AND, UM, JACKSON, DO WE HAVE SOMEONE ON THE PHONE ABOUT THAT ONE AS WELL? YES, WE HAVE A, UH, JAVIER PEREZ, UH, THAT IS ON THE PHONE.
AND MR. YEAH, MR. PEREZ, IF YOU COULD PLEASE PRESS STAR SIX TO UNMUTE YOURSELF.
AND, UM, WE'RE GONNA STAND AT A 32ND RECESS WHILE THE CHAIR GETS COFFEE, AND, UH, I'LL BE RIGHT BACK.
TRUCK ON HIGHWAY 35 AND I THINK ROAD.
WANT ME TO ROAD UP INTO THE NO, I CAN IF YOU WANNA BE ABLE.
MS. ALI, YOU CAN PROCEED WHEN YOU'RE READY.
SO THAT'S, YEAH, BUT THAT'S THE PROPERTY.
UH, ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 20 24 0 8 3 1 3 3 AND RE REGARDING A RESIDENTIAL PROPERTY LOCATED AT 7 6 0 8 SCENIC BROOK DRIVE.
THE EXHIBITS CAN BE FOUND IN THE TEAL BLUE 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 CURRENTLY OCCUPIED.
THE CASE WAS OPENED IN JULY, 2022 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K, AND THE RECOMMENDED ORDER CODE INSPECTOR RANDALL FIELDS IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR FIELDS.
UH, GOOD EVENING COMMISSIONERS.
MY NAME IS RANDALL FIELDS, CITY
[01:15:01]
OF AUSTIN CODE INSPECTOR.THE CASE THAT I'M PRESENTING BEFORE YOU TODAY WILL BE 7 6 0 8 SCENIC BROOK AUSTIN, TEXAS OF AN EXTERIOR INSPECTION.
AND THE FACTS OF THE CASE SARGE FOLLOWS.
ON AUGUST 17TH, 2022, CITY RECEIVED A COMPLAINT FOR A GARAGE CONVERSION DONE WITHOUT A PERMIT AT THIS PROPERTY.
THE INITIAL INSPECTION OF THIS PROPERTY ALSO FOUND THAT IT HAD MULTIPLE EXTERIOR IPMC VIOLATIONS ON NOVEMBER 3RD, 2022.
THE NOTICE OF VIOLATION WAS POSTED AT THE FRONT OF THE PROPERTY SINCE AUGUST 17TH, 2022 THROUGH LAST WEEK.
ON SEPTEMBER 16TH, 2024, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE.
THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE A REPRESENTATION OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY EXHIBIT.
ALL RIGHT, EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE SINGLE FAMILY STRUCTURE LOCATED AT 76 0 8 SCENIC BROOK.
EXHIBIT TWO B IS A PHOTOGRAPH OF A DAMAGED GARAGE DOOR ON THE PROPERTY, ALONG WITH SOME TRIM MISSING PROPER SURFACE COATING.
YOU CAN ALSO SEE WHERE ONE OF THE GARAGE DOORS WERE REMOVED AND A WALL WITH A WINDOW WAS ADDED.
EXHIBIT TWO C IS A PICTURE OF A MISSING VACUUM BREAKER ON A HOSE BIB.
IT'S AN ANTI SIPHON DEVICE LOCATED ON THE SIDE OF THE DWELLING.
EXHIBIT 2D IS AN EXAMPLE OF ANOTHER COMMON DEFICIENCY ALSO FOUND THROUGHOUT THE STRUCTURE SIDING AND DISREPAIR, ALLOWING FOR THE POSSIBILITY THE OF RAINWATER INTRUSION AND VERMIN INTO THE STRUCTURE.
HERE YOU CAN CLEARLY SEE A HOLE, UH, ON, IN THE SIDING, ALONG WITH A DISCARDED BRUSH AND SOME DISCARDED MATERIALS.
SO, TWO, TWO E IS ANOTHER PHOTOGRAPHIC EXAMPLE OF THE CONDITION OF SOME OF THE TRIM ON THIS STRUCTURE.
HERE YOU CAN SEE THE FASCIA IN THIS REPAIR.
TWO F IS A PHOTOGRAPH OF MORE FASCIA IN THIS REPAIR, ALONG WITH A SECTION OF MISSING SATE RIGHT ABOVE THE ENTRANCE DOOR.
EXHIBIT TWO G IS A PHOTOGRAPH OF THE ENTRANCE DOOR STOP, TRIM AND BOTTOM OF THE DOOR FRAME.
ALL IN DISREPAIR ALONG WITH MISSING WEATHER, STRIPING AT WEATHER STRIPPING AT THE BAT.
EXHIBIT TWO H IS A, UH, PHOTOGRAPH OF ANOTHER AREA OF SIDING AND DISREPAIR, SHOWING DETERIORATION IN THE SIDING OF THE CHIMNEY AND MISSING PROPER SURFACE COATING.
EXHIBIT TWO I IS A PHOTOGRAPH OF DAMAGED SIDING AT THE GABLE END OF THE DWELLING.
EXHIBIT TWO J IS A PHOTOGRAPH OF ATTACHED PORCH AND PRIVACY FENCE.
IN THIS REPAIR, EXHIBIT 2K IS A CONTEXTUAL PHOTOGRAPH OF THE CHIMNEY AND THE RIGHT SIDE OF THE FAMILY STRUCTURE WHERE YOU CAN SEE A REPAIR WAS ATTEMPTED AT THE BOTTOM LEFT OF THE PHOTOGRAPH, ALONG WITH PAINTING OVER DETERIORATED SIDING.
WITH THIS, I CONCLUDE MY PRESENTATION OF 7 6 0 8 SCENIC BOOK DRIVE AND STRONGLY URGE COMMITTEE MEMBERS TO ADOPT THE 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 SUBSTANDARD CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, 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
[01:20:01]
COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.IF COMPLIANCE HAS NOT BEEN ACHIEVED, ACHIEVED, ASSESS THE CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
AT THIS TIME WITHOUT OBJECTION, I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH 2K AND THE OWNER PROPERTY OWNER'S EXHIBIT.
IS THERE OBJECTION, HEARING NONE.
UH, AT THIS TIME, LET ME TURN TO THE PROPERTY REPRESENTATIVE.
WOULD YOU MIND IDENTIFYING YOURSELF FOR THE RECORD, SIR? I'M DRIGO PEREZ, THE OWNER, UH, THE, UH, OWNER'S BROTHER AND THE TENANT.
AND DO I UNDERSTAND WE HAVE, IS IT J PEREZ ON THE, ON THE PHONE? DO YOU, CAN YOU HEAR US, SIR? I I CAN HEAR YOU.
UH, WILL BOTH OF YOU BE SPEAKING OR JUST ONE OF YOU? HOW, HOW WOULD YOU LIKE TO HANDLE THIS? YEAH.
I, I WOULD LIKE TO JUST KIND OF GIVE A QUICK OVERVIEW, UH, A HISTORY AND THEN LET HIM TALK ABOUT MY BROTHER, TALK ABOUT THE UPDATE.
UH, THEN, UH, YOU'LL HAVE FIVE MINUTES BETWEEN YOU, UH, BUT WE'RE NOT VERY PRESSED FOR TIME, SO WE'RE NOT GONNA BE TOO STRICT ABOUT THAT.
BEFORE YOU BEGIN, SIR, UM, ARE THERE ANY QUESTIONS FOR THE CITY? NO, NO.
I, I'M SORRY FOR MY IGNORANCE ON PROCEDURES THERE.
I, IT STARTED WITH, I HAD A SQUATTER, UH, THAT DURING COVID AND HE, HE LEFT TRASH OUTSIDE THE HOUSE UP AGAINST THE HOUSE.
THE PREVIOUS COATED INSPECTOR OFFERED TO HELP TAKE IT OFF THE PROPERTY.
AND THE MAJORITY OF WHAT WE'RE TALKING ABOUT IS FROM HIM AND HIS TRASH.
AND ON THE, ON THE, UH, ON THE FENCE.
UM, I COULD NOT DO REPAIRS BECAUSE HE WAS THERE FOR A LONG TIME AND I COULDN'T GET RID OF HIM DURING COVID.
I DID HAVE A, I DID HAVE THE EVICTION, UH, AGAINST HIM, BUT I COULDN'T GET IT EXECUTED.
UM, I HAD TO GET SEVERAL DUMP, UH, DUMPSTERS TO TAKE OFF ALL THE TRASH FROM THE YARD AND INSIDE THE HOUSE HE DESTROYED, UM, INSIDE THE HOUSE, IT WAS CABINETS, THE FLOORING.
UM, HE REMOVED ALL MY APPLIANCES.
THE, UM, AND REGARDING THE, THE, THE DOOR, UH, OF THE WALL FOR THE GARAGE DOOR, WE'VE BEEN TRYING TO GET A PERMIT FOR MONTHS AND, AND MY BROTHER CAN, CAN GO INTO THAT.
UM, WE JUST HAVEN'T, IT'S JUST DIFFICULT, AUSTIN.
AND, UM, YEAH, SO IT WAS, IT WAS OVER A YEAR OF RENT.
I LOST, HE HAD PAY AND, AND MANY THOUSANDS OF DOLLARS IN, IN HAVING THE REPAIR, SO IT JUST TAKEN A LITTLE BIT.
MY BROTHER'S THERE, HE WAS DOING THE REPAIR REPAIRS.
SO I'LL, I'LL TURN IT OVER TO HIM IF HE WANTS TO GIVE YOU AN UPDATE ON, ON THE PERMIT DIFFICULTIES AND THEN WHATEVER ELSE REPAIRS HE'S DONE.
MR. BATS, I GUESS FROM WHAT HE WAS TRYING TO TELL YOU IS THAT, UM, HE LOST A LOT OF MONEY ON THAT.
SO, UM, UH, FINANCES ARE A BIG PART OF, I'M DOING THE REPAIRS.
UM, I SAW THE ORDER AND I, I'VE ALREADY STARTED DOING SOME OF THE REPAIRS.
I DIDN'T GET THE PICTURES IN SOON ENOUGH FOR THEM TO BE SHOWN HERE.
BUT, UM, THE PICTURES ARE THERE.
THEY'RE, THEY'RE THERE, THEY'RE YOUR PICTURES.
WELL, WHAT I'M LOOKING AT, MAN, THEY'RE NOT VERY BIG.
UM, THE SOFFIT I GOT PUT BACK ON, UH, THE OTHER PICTURE WAS, UH, IN THE, IN THE ORDER OR IN THE PAPER THAT I RECEIVED, IT SAYS THE LEFT SIDE OF THE HOUSE HAD, UH, DAMAGE TO THE SIDING.
NOW I UNDERSTAND BECAUSE I SAW THE PICTURES THAT HE'S TALKING ABOUT, THAT LITTLE HOLE, BUT I HAD TAKEN A PICTURE OF THAT BECAUSE I COULDN'T, I DIDN'T KNOW WHERE THE DAMAGE WAS.
CAN YOU GO TO THE NEXT ONE? UH, THAT'S THE SAME PICTURE HE HAD.
I DIDN'T KNOW WHAT HE WAS REFERRING TO ONTO THE RIGHT OF THE HOUSE THAT, UH, WHERE THE SIDING IS MESSED UP, BUT, SO I TOOK A PICTURE OF THAT NEXT PICTURE PIECE.
THAT'S THE REPAIR THAT DID TO THE CHIMNEY.
[01:25:01]
NEXT PICTURE, PLEASE.I DIDN'T KNOW WHICH SIDE OF THE FENCE HE WAS REFERRING TO, BUT THAT ONE I REPAIRED ALL THE WAY ACROSS.
I DON'T KNOW IF THERE'S ANY MORE PICTURES.
OH, UH, HE SAID SOMETHING ABOUT A VACUUM.
I DIDN'T KNOW WHAT HE WAS REFERRING TO.
I, I HAD A, UH, FILTER FOR MY GARDEN TO FILTER OUT CHLORINE.
I THOUGHT THAT'S WHAT HE WAS REFERRING TO.
SO I REMOVED IT AND I THINK THAT'S IT.
SO DOES THAT, DOES THAT CONCLUDE YOUR NO, I WOULD LIKE TO ASK YOU IF THAT'S, SURE.
IF IT'S POSSIBLE TO GET 90 DAYS TO FIX IT SINCE WE'RE DOING IT OURSELVES AND, YOU KNOW, WE'RE, WE DON'T HAVE A LOT OF MONEY TO DO IT.
UM, AND IF THERE'S ANYTHING THAT I NEED TO GET A PERMIT FOR, THEY SEEM TO TAKE A LONG TIME TO BE ABLE TO GET AN EXTENSION IF FOR HOWEVER LONG THAT TAKES TO GET THE PERMIT.
I DON'T WANNA SAY 90 DAYS, AND THEN IT TAKES 60 TO GET THE PERMIT.
I DON'T KNOW WHAT WOULD NEED THE PERMIT, UH, ON THE SIDING.
I, I GUESS I'D HAVE TO SPEAK TO THE OFFICER ABOUT IT.
UM, BUT JUST SO AS, AS A GENERAL MATTER, JUST FROM WHAT YOU'VE SEEN OF THE ORDER SO FAR, YOUR PRINCIPAL REQUEST AT THIS TIME WOULD BE TO HAVE 90 DAYS INSTEAD OF YES.
UH, DOES THE CITY HAVE ANY QUESTIONS FOR MS, FOR MR. PEREZ? EITHER OF THEM OR? THIS IS CODE INVESTIGATOR JOHN CERNO, CITY OF AUSTIN.
UM, I WANTED, UH, TO BASICALLY BRING TO LIGHT THE FACT THAT, UH, THIS CASE HAS, UH, BEEN ONGOING.
WE'VE HAD, UH, SEVERAL COMPLAINTS, UH, OVER STARTING SINCE, UH, 2014.
UM, SOME OF THEM RESULTING IN, IN DEFICIENCIES.
UH, MY QUESTION WOULD BE, UM, WHY THEY NEVER ADDRESSED THESE ISSUES UNTIL WE WERE FORCED TO BRING THEM IN HERE.
UH, WE'VE ALSO, YOU KNOW, TRY ATTEMPTED TO BRING THEM INTO MUNICIPAL COURT TO BRING THEM INTO COMPLIANCE.
I DON'T SEE THEM COMING INTO COMPLIANCE WITHIN 90 DAYS, YOU KNOW, UM, LIKE I SAID, HAVING PLENTY OF TIME.
I UNDERSTAND WHAT HE WAS SAYING, HAVING AN A TENANT, HAVING A VICTIM.
BUT, UH, AND A LOT OF THESE REPAIRS, UH, YOU KNOW, HE HAS TO UNDERSTAND, WANT, WANTED TO ASK IF YOU UNDERSTAND THAT SOME OF THESE REPAIRS ARE GONNA REQUIRE PERMITS OF WHICH, YOU KNOW, THEY HAVE AN EX AN EXPIRED, AN EXISTING EXPIRED PERMIT FOR WORK THAT WAS PERFORMED.
AND I THANK YOU, UH, INVESTIGATOR.
UM, I'M SORRY, I THINK I MISIDENTIFIED YOU EARLIER.
AND, UM, DO YOU HAVE ANY, UH, ANY RESPONSE? UH, THE, THE QUESTIONS JUST THAT, UM, JUST THAT I DO, I DO, UM, UH, WE HAVE, I, ON, ON THE, UM, ON THE NOTICES I WAS GETTING, THEY WERE BEING SENT TO EL PASO, I BELIEVE IT WAS THE, THE, UH, THE APPRAISAL DISTRICT FOR SOME REASON, I THINK IT WAS SOMETHING WITH THE TENANT, OR HE HAD A ROOMMATE MOVE OUT, AND I WASN'T GETTING LETTERS UNTIL I WAS TRYING TO EVICT THIS, EVICT HIM AGAIN.
IT WAS THE SAME TENANT THAT ENDED UP NOT PAYING FOR THE LAST YEAR.
UM, I CONTACTED THE APPRAISAL DISTRICT AND I FOUND OUT MY, MY ADDRESS WAS WRONG.
SO I, I HAD NOT GOTTEN MESSAGES OR, OR LETTERS.
UM, AND AGAIN, AFTER, UM, EVEN THE NEIGHBORS WERE TRYING TO CALL ME AND THEY WERE GETTING, UH, THAT WRONG ADDRESS, BUT AFTER WE STARTED TO GET TO, TO DO THE REPAIRS, I COULDN'T DO 'EM BECAUSE HE WAS, THE TENANT WAS STILL THERE.
WE COULD NOT, WE COULDN'T GET, GET RID OF THE SQUATTER.
SO, UM, WE WERE WORKING ON 'EM NOW, AND I KNOW THE PERMIT THAT WE'VE BEEN TRYING TO GET FOR THE GARAGE DOOR CHANGED.
THAT WAS TEMPORARY, SO WE COULD WORK IN THE GARAGE.
UM, IT'S JUST BEEN A NIGHTMARE.
IT'S VERY DIFFICULT TO GET THAT PERMIT.
AT THIS, I'M SHOWING THAT, UH, IT LOOKS AS THOUGH TCA HAS THE MAILING ADDRESS FOR, AS, AS A, A PO BOX IN BRACKETTVILLE.
IS THAT CORRECT? IS THAT, ARE YOU ABLE TO GET MAIL NOW? IT, IT, IT, IT IS CORRECT NOW? YEAH.
THANK, YEAH, I THINK IT WAS BACK IN 2000.
I FOUND OUT IT WAS, IT WAS GOING UP.
I, I WANT TO SAY IT WAS EL PASO.
UH, SO THE, MY FELLOW COMMISSIONERS HAVE ANY QUESTIONS FOR EITHER THE CODE OFFICIALS OR THE PROPERTY REPRESENTATIVES.
[01:30:01]
HEARING NONE, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING, IF ANYONE HAS ONE.COMMISSIONER SIG MOVES TO CLOSE THE PUBLIC HEARING, SECONDED BY VICE CHAIR CAMPBELL.
UH, THE COMMISSION, UH, PARDON ME, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
UM, MR. PETROS, WHAT THAT MEANS, IF YOU WOULDN'T MIND, ENCOURAGE YOU TO REMAIN, UH, SEATED AT THE, AT THE DIOCESE AND, AND, UH, AND REMAIN ON THE PHONE.
BUT WE WON'T REQUIRE ANY FURTHER AFFIRMATIVE TESTIMONY.
SO, UH, IF YOU WOULDN'T MIND SITTING TIGHT FOR THAT, UM, AT THIS TIME, I WOULD ENTERTAIN A MOTION SO AS TO FACILITATE DISCUSSION.
UH, I WOULD MOVE AT THIS TIME TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMENDED ORDER.
SO VICE CAMPBELL MOVES TO ADOPT THE, THE RECOMMENDED ORDER.
DO I HAVE A SECOND? SECOND? WAS THAT, UH, OKAY, SO COMMISSIONER FRANCIS SECONDS.
SO MEMBERS, YOU'VE HEARD THE MOTION, VICE CHAIR CAMPBELL MOVES TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITHOUT MODIFICATION.
THAT IS SECONDED BY COMMISSIONER FRANCIS, VICE CHAIR AS THE MAKER OF THE MOTION.
I'LL RECOGNIZE YOU TO OPEN DISCUSSION IF YOU'D LIKE.
UH, SO I ADOPTED THE RECOMMENDED ORDER, UM, WITHOUT THE 90 DAY, UH, WINDOW THAT THEY REQUESTED.
AND THAT'S PARTLY JUST, UM, AS A MATTER OF OPENING UP THE DISCUSSION, BECAUSE I DO WANT TO DISCUSS THIS A LITTLE BIT.
YOU KNOW, THE WAY THAT I I VIEW THIS CASE IS THAT, UH, THEY HAD OPPORTUNITY TO COME INTO COMPLIANCE, BUT ALSO IT SEEMS LIKE AT THIS STAGE, THEY ARE COMING INTO COMPLIANCE.
UM, IT SEEMS DIFFICULT TO ME, ME, GIVEN THE TESTIMONY THAT WE PUT TONIGHT FOR THEM TO GET THE APPROPRIATE PERMITS WITHIN EITHER THE 45 DAY OR THE 90 DAY TIME PERIOD.
UM, IN, IN WHICH CASE, I, I THINK THE, THE QUESTION IS REALLY HOW MUCH, UM, YOU KNOW, PENALTY DO WE FEEL COMFORTABLE GIVING THEM? AND, AND HOW MUCH TIME DO WE FEEL COMFORTABLE GIVING THEM? UM, SO I WOULD, I WOULD CERTAINLY OPEN IT UP TO THE OTHER COMMISSIONERS TO DISCUSS THAT.
IS, IS THERE ANY, UH, ANY FURTHER DISCUSSION? UH, UH, I'LL, I'LL ASK, UH, COMMISSIONER FRANCIS AS, AS THE SECOND ON THIS, DO, DO YOU HAVE ANY CONTRIBUTION YOU'D LIKE TO SHARE? NO, NOT AT THIS TIME.
OH, UH, MS. ALI, WERE THE EXHIBITS ADMITTED? I JUST WANTED TO MAKE SURE THERE WERE, THERE WERE.
IS THERE ANY OTHER DISCUSSION? SO THAT, JUST MY OWN, UM, MY OWN THOUGHTS ON THIS IS, I, I THINK THAT THE, THE PROPOSED ORDER IS, IS VERY, PROBABLY REASONABLE JUST IN LIGHT OF THE TOTALITY OF THE CIRCUMSTANCES.
I MEAN, THIS IS, THIS IS, UM, RESIDENTIAL PROPERTY, SO IT IS ELIGIBLE FOR THE O THE OFFSET ADMINISTRATIVE OFFSET, SO THAT, YOU KNOW, THIS IS A SITUATION IN WHICH YOU KNOW, IT, YOU KNOW, IF IT GOES A LITTLE, IF IT GOES A LITTLE LONG, YOU KNOW, A LOT OF THAT CAN BE OFFSET AGAINST, AGAINST PENALTY ANYWAY.
UH, AND SO, UH, YOU KNOW, AND, UH, SO I, I, YOU KNOW, THIS DOESN'T, THIS DOESN'T STRIKE ME AS ONE IN WHICH WE'VE BEEN PRESENTED WITH, UM, YOU KNOW, EVIDENCE THAT, THAT, THAT MORE TIME IS, IS NECESSARILY NEEDED.
I MEAN, I UNDERSTAND WHY MORE TIME MIGHT BE DESIRABLE.
I MEAN, MORE TIME IS ALWAYS BETTER THAN LESS TIME.
UH, BUT, UH, BUT THERE'S NO PARTICULAR EXIGENCY THAT'S BEEN IDENTIFIED AT THIS, AT THIS POINT.
SO, UM, UH, YOU KNOW, I, I CERTAINLY DON'T HAVE ANY, ANY SERIOUS QUALMS ABOUT IT ADOPTING THE ORDER AND, AND, UH, AND SORT OF TRUSTING THE PROCESS.
UM, I GUESS, UH, AGAIN, AS A REMINDER, WE HAVE A BARE QUORUM, SO I HATE TO PUT IT TO A VOTE IF PEOPLE HAVE MISGIVINGS THAT THEY HAVEN'T GIVEN VOICE TO.
SO I'M GONNA GIVE FOLKS ONE MORE CHANCE.
UM, SO I'M GONNA GO AHEAD AND PUT THE QUESTION TO THE COMMISSION.
IT'LL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER SOCAL.
THERE BEING SIX AYES AND NO NAYS.
THE, UH, THE MOTION CARRIES AND THE STAFF'S RECOMMENDED ORDER IS ADOPTED.
UM, MR. PATTERSON, MR. PATAS, THANK YOU FOR BEING HERE TONIGHT.
A COPY OF THE ORDER WILL BE MAILED, UH, TO THE BRACKETTVILLE ADDRESS.
UM, AND THEN WHEN IT COMES TO IMPLEMENTATION COMPLIANCE,
[01:35:01]
JUST PLEASE KEEP IN TOUCH WITH, UH, UH, INVESTIGATOR CERNA AND THE CODE OFFICIALS.AND, UM, AGAIN, THANKS FOR BEING HERE TONIGHT AND WE WISH YOU WELL.
UH, SO, UH, STAFF, AM I CORRECT THAT WE DON'T HAVE ANYBODY ELSE TESTIFY, UH, REGISTERED OR ON THE PHONE TO TESTIFY FOR ANY OF THE REMAINING AGENDA ITEMS? MR. CHAIRMAN? YES.
COULD WE TAKE FIVE MINUTES? UH, CERTAINLY IF THERE'S, UM, IF THERE'S NO OBJECTION, WE'LL STAND IN A FIVE MINUTE RECESS AND I'D ASK EVERYBODY TO BE BACK AT THE DAY.
COMMISSION IS BACK IN SESSION, AND I WILL TURN TO ITEM NUMBER
[2. Case Number: CL 2024- 076044]
TWO ON THE AGENDA.ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER C 20 24 0 7 6 44.
AND IT'S REGARDING THE PROPERTY LOCATED AT 8 3 0 1 STATE HIGHWAY 71.
STAFF EXHIBITS CAN BE FOUND IN THE RUST COLORED BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN FEBRUARY, 2024 AS THE RESULT OF A COMPLAINT.
THE CASE IS ABOUT A COMMERCIAL STRUCTURE WITH NO ACTIVE UTILITIES.
THE COMMERCIAL PROPERTY HAS A HOMESTEAD EXEMPTION.
THERE ARE NO ACTIVE TRADE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.
THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
IN YOUR READERS OF GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING 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 REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO L, AND THE RECOMMENDED ORDER CODE INSPECTOR RANDALL FIELDS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INSPECTOR FIELDS, PLEASE BEGIN YOUR TESTIMONY.
I'M A CITY OF AUSTIN CODE INSPECTOR CASE I'M PRESENTING BEFORE YOU.
TODAY IS 83 0 1 WEST STATE HIGHWAY 71 AUSTIN, TEXAS, OF AN EXTERIOR INSPECTION.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
ON FEBRUARY 27TH, 2024, WE RECEIVED A PLAN, A COMPLAINT FOR THIS PROPERTY.
BUT OUR INITIAL INSPECTION OF THIS PROPERTY, IT WAS FOUND THAT THE PROPERTY HAD MULTIPLE EXTERIOR IPMC VIOLATIONS ON JUNE 24TH, 2024.
THE PROPERTY WAS POSTED WITH A NOTICE OF VIOLATION SINCE FEBRUARY 27TH, 2024 THROUGH LAST WEEK.
ON SEPTEMBER 16TH, 2024, MULTIPLE INSPECTIONS OF PROPERTY HAVE BEEN MADE.
THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE A REPRESENTATIVE REPRESENTATION OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE PROPERTY.
A EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE COMMERCIAL STRUCTURE LOCATED AT 83 0 1 WEST STATE HIGHWAY 71, ALONG WITH AN ACCESSORY STRUCTURE AT THE FRONT OF THE PROPERTY.
UH, TWO B THROUGH 2D ARE ALL ELECTRICAL RELATED, UH, EFFICIENCIES, UH, TWO B AND TWO C.
BOTH SHOW, UH, AN EXTENSION CORD HAS BEEN INSTALLED AS A PER AS PERMANENT WIRING.
UH, EXHIBIT 2D SHOWS MORE ELECTRICAL INSTALLATIONS.
THIS ONE FOR AN ACCESSORY STRUCTURE LOCATED AT THE FRONT PROPERTY.
HERE YOU CAN SEE A LARGE HOLE IN ONE SIDE OF THE ELECTRICAL JUNCTION BOX THAT ALLOWS RAIN AND OTHER ELEMENTS INTO THE ELECTRICAL BOX AND INTO THE CONDUITS.
EXHIBIT TWO E SHOWS A BROKEN WINDOW AT THE FRONT OF THE PROPERTY.
EXHIBIT TWO F IS, UH, EXAMPLE OF ANOTHER COMMON DEFICIENCY ALSO FOUND THROUGHOUT THE COMMERCIAL STRUCTURE, SIDING AND DISREPAIR, ALLOWING FOR A POSSIBILITY OF RAINWATER, INTRUSION AND VERMIN INTO THE STRUCTURE.
[01:40:05]
G.EXHIBIT TWO G SHOWS A SECTION OF MISSING SIDING, ANOTHER BROKEN WINDOW AND PLYWOOD STARTING TO PULL AWAY FROM THE BUILDING.
UH, EXHIBIT TWO H MORE PHOTOGRAPHIC EXAMPLES OF DIFFERENT AREAS OF SIDING AND DISREPAIR ALONG WITH AN ELECTRICAL BOX, ALONG WITH ELECTRICAL BOXES EXPOSED TO THE ELEMENTS AND MISSING PROPER COVERS.
EXHIBIT TWO I IS A PHOTOGRAPH OF MORE FASCIA AND ALONG WITH A GUTTER IN THIS REPAIR.
IF YOU LOOK TO THE TOP RIGHT OF THE EXHIBIT, YOU WILL SEE THAT THERE IS A LARGE SECTION OF ROOF MISSING SHINGLES THAT WOULD ALLOW RAINWATER INTRUSION INTO THE STRUCTURE.
UH, EXHIBITS TWO J AND K ARE DIFFERENT SECTIONS OF THE, OF THE SAME ROOF, AGAIN, SHOWING MORE MISSING ROOFING UNDERLAYMENT AND ROOFING SHINGLES.
UH, COULD YOU GO, COULD YOU GO BACK TO TWO L PLEASE? THANK YOU.
UH, EXHIBIT TWO L YOU CAN SEE THE ROOFING MATERIAL AROUND THE ELECTRICAL WEATHERHEAD AS BECOME DETACHED FROM THE ROOF.
THIS HAS EXPOSED THE WOODEN FRAMING MEANT TO HOLD UP THE ELECTRICAL SERVICE LINES COMING IN FROM THE STRUCTURE, POTENTIALLY CAUSING, UH, THEM TO ROT FAIL FALL.
THEY'RE EXPOSED TO THE WEATHER.
SO WITH THIS, I CONCLUDE MY PRESENTATION OF 83 0 1 WEST STATE HIGHWAY 71, AND WE STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT THE STAFF'S RECOMMENDED ORDERS.
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 A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO L.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS TO THE COMMERCIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, THIS TIME WITHOUT OBJECTION, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO L.
UH, HEARING NONE, THE EXHIBITS ARE ADMITTED, THE PROPERTY IS NOT REPRESENTED.
SO I WILL, UH, RECOGNIZE ANY COMMISSIONER HAS QUESTIONS FOR, UH, INSPECTOR FIELD OR INVESTIGATOR SERNA OR THE CITY.
UH, THIS GOES OUT TO THE, UH, CODE INSPECTORS.
UM, I'M JUST LOOKING THROUGH THE CASE HISTORY HERE, AND IT APPEARS THAT YOU, YOU WERE ABLE TO GET IN CONTACT WITH, UM, THE MOTHER OF THE PROPERTY OWNER BACK IN MARCH OF THIS YEAR.
UM, HAS THERE BEEN ANY KIND OF MOVEMENT ON THIS PROPERTY SINCE THEN, OR, OR THROUGH YOUR INSPECTIONS? HA HAS THERE BEEN ANY EFFORT TO REPAIR IT DURING THAT TIME? UH, THIS CODE INVESTIGATOR, SIR, NOT ANSWERING THAT.
UM, I, I DID RECEIVE A CALL FROM THE PROPERTY OWNER'S, 85-YEAR-OLD MOTHER, UH, WHO'S TRYING TO COME UP WITH A SOLUTION.
UM, THE PROPERTY OWNER HAD, UH, ALL HIS MAIL BEING DELIVERED TO THEIR PO BOX, AND THAT'S HOW SHE REACHED OUT TO ME TO TRY TO, UM, MITIGATE AND, YOU KNOW, SOLVE WHATEVER ISSUES WERE WITH THE PROPERTY.
UM, AFTER WHICH THE PROPERTY OWNER GOT INVOLVED, SHE STEPPED AWAY.
AND WE HAVEN'T REALLY BEEN ABLE TO GET THE PROPERTY OWNER TO COME INTO COMPLIANCE.
UM, WE'VE HAD, UM, VARIOUS COMPLAINTS COME OVER THE YEARS FOR THIS PARTICULAR PROPERTY STARTING SINCE, UH,
[01:45:01]
UH, 2014.WE'VE HAD ABOUT 17 COMPLAINTS AND, UM, WE'VE HAD VARIOUS, UM, VIOLATIONS COME THROUGH BECAUSE OF THAT, WE'VE, WE'VE REALLY TRIED TO HELP THIS OWNER OUT AND, AND REACH OUT TO, UM, TO NOT GET TO THIS POINT.
UM, BUT OTHER THAN THAT, I MEAN, WE JUST SEE THE BUILDING GETTING WORSE.
UM, YOU COULD, IF YOU GO REMEMBER THE LAST PHOTO THAT WAS PUT INTO THE PRESENTATION, UH, THE ELECTRICAL WEATHERHEAD IS ATTACHED TO THE WOODEN FRAMING.
AND IF YOU LOOK AT THE PROPERTY, I MEAN, THE PROPERTY'S PRETTY MUCH, UH, DECOMPOSING UPON ITSELF, UM, THAT COULD POTENTIALLY CAUSE THOSE WIRES TO FALL ONTO THE BUILDING AND ONTO THE PROPERTY.
SO IT'S, IT IS A DEEP CONCERN OF OUR CELL, YOU KNOW, FOR US.
UM, BUT LIKE I SAID, WE HAVEN'T BEEN ABLE TO, UH, GET ANY BUDGE FROM, FROM THE PROPERTY OWNER.
VICE CHAIR, COMMISSIONER, SELL? NO.
WELL, I JUST THINK IT'S A PRETTY CONVINCING CASE THAT YOU LAID OUT FOR US, AND I'D LIKE TO, UH, MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
AND, UH, BEFORE COMMISSIONER SIG THANK YOU.
BEFORE RECOGNIZING YOU FOR THAT MOTION, COULD I FIRST PLEASE ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING? I WOULD MOVE TO CLOSE.
SO VICE CHAIR CAMPBELL MOVES TO CLOSE.
SO, UH, ON THE MOTION OF VICE CHAIR CAMPBELL, SECOND BY COMMISSIONER SIG.
THE PUBLIC PORTION IS, IS IS, UH, IS CLOSED.
UH, WHAT I'LL DO NOW IS I'LL, I'LL PIVOT BACK TO THE MOTION, UH, COMMISSIONER SIG WAS MAKING, WHICH WAS, UH, AS I RECALL, TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITHOUT MODIFICATIONS.
THIS IS STANDARD 45 AND TWO 50.
IS THERE A SECOND? I'LL SECOND.
SO THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER SIG IS SECONDED BY VICE CHAIR CAMPBELL TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMEND THAT ORDER.
AND I'LL BEGIN WITH COMMISSIONER SOCAL.
THE STAFF'S RECOMMENDED ORDER IS ADOPTED THAT WILL BE MAILED TO THE, UH, PROPERTY OWNER OF RECORD.
UH, THANK YOU INSPECTOR FIELDS.
THANK YOU, INVESTIGATOR SERNA.
UM, AND I WILL NOW, WE'LL NOW PROCEED WITH AGENDA ITEM NUMBER FOUR PERTAINING
[4. Case Number: CL 2024-086287]
TO THE DONAHUE LANE PROPERTY, WHICH I UNDERSTAND IS, IS ALSO UNREPRESENTED TONIGHT.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 24 0 8 6 2 8 7 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 2219 DONAHUE LANE.
THE EXHIBITS CAN BE FOUND IN THE GOLD BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL DUPLEX STRUCTURE THAT IS OCCUPIED IN HOMESTEADED.
THE CASE WAS OPENED IN JULY, 2023 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS RELATED TO THE CITED VIOLATIONS.
THE STRUCTURE IS CONSIDERED A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE GRAPH FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO I.
AND THE RECOMMENDED ORDER CODE INSPECTOR BENJAMIN MUNOZ IS THE INSPECTOR ASSIGNED TO THIS CASE.
HE IS UNABLE TO BE HERE TONIGHT.
HOWEVER, INVESTIGATOR JOHNNY SERNA IS HERE AND WILL PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, ESTEEMED COMMISSIONERS.
I'M A CODE INVESTIGATOR FOR THE CITY OF AUSTIN, AND THE CASE THAT I WILL BE PRESENTING BEFORE YOU WILL BE 4 22 19, UH, DONAHUE, TEXAS OF AN EXTERIOR INSPECTION, UH, THAT WAS PERFORMED IN THE FACTS OF THE CASE ARE AS FOLLOWS.
THE PROPERTY HAS BEEN, HAS HAD AN OPEN, UH, CODE CASE SINCE JULY OF 2023, JUST OVER A LITTLE A YEAR.
ON JULY 10TH, 2023, AN INITIAL INSPECTION OF THE PROPERTY WAS MADE WHERE MULTIPLE EXTERIOR IP IPMC VIOLATIONS WERE IDENTIFIED.
AND THE NOTICE OF VIOLATION WAS CREATED ON THE 11TH, UM, OF JULY OF 2023.
ON JULY 17TH OF THIS YEAR, THE PROPERTY WAS REPOSTED WITH THE NOTICE OF VIOLATION.
[01:50:01]
UH, SINCE THE 11TH OF JULY OF LAST YEAR THROUGH SEPTEMBER 12TH OF THIS YEAR, MULTIPLE INSPECTIONS OF THE PROPERTY HAVE BEEN MADE.SOME OF THE DEFICIENCIES HAVE BEEN, UH, CORRECTED AND PARTIALLY ADDRESSED, BUT MANY REMAIN.
UH, THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE REPRESENTATION OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY IN ITS BUILDING.
UM, EXHIBITS, UH, TWO A AND TWO B ARE GONNA BE CONTEXTUAL PHOTOGRAPHS OF THE DUPLEX LOCATED AT 2219 DONAHUE LANE.
UH, EXHIBIT TWO B SHOWS THE CONTEXTUAL PHOTOGRAPH OF UNIT A AND UNIT B LOCATED AT THIS ADDRESS.
EXHIBIT TWO C IS A PHOTOGRAPH OF A DILAPIDATED RETAINING WALL NEAR UNIT B ALONG WITH SOIL EROSION THAT HAS OCCURRED ALONG THE WALKWAY.
THIS IS THE REASON THAT EXHIBIT TWO, UH, THAT THIS CASE CAME TO US.
IT, IT STARTED OUT AS A, UH, A CALF THAT CAME IN THROUGH CITY COUNCIL.
UM, THERE WAS A LOT OF BRUSH THAT HAD BEEN, UH, DUMPED HERE IN THIS AREA.
AND, UH, DURING MY INITIAL INVESTIGATION, UM, I ALSO NOTICED THAT, UM, THE PROPERTY HAD A LOT OF DILAPIDATED, UM, RETAINING WALLS.
THIS ONE IN PARTICULAR SPILLING OVER INTO THE PUBLIC, UH, SIDEWALK.
EXHIBIT TWO E IS REPRESENTED AN EXAMPLE AGAIN OF, OF ANOTHER COMMON DEFICIENCY, UH, FOUND THROUGHOUT THIS DUPLEX OF, YOU KNOW, SIDING AND DISREPAIR.
UM, IT ALSO SHOWS THE FASCIA BOARD, UH, RUNNING ALONGSIDE THE, THE ROOF LINE IN DISREPAIR.
EXHIBIT TWO F IS A CLOSEUP OF THAT AREA.
YOU CAN SEE RIGHT NEXT TO THE GUTTER WHERE THERE'S A LARGE HOLE THAT ALLOWS FOR THE INTRUSION OF THE RAINWATER.
THESE ARE ELECTRICAL INSTALLATIONS THAT THE PROPERTY OWNER INSTALLED.
UM, AT THE EXTERIOR, UH, THESE ARE PROP IMPROPER INSTALLATIONS.
UM, SHE TOOK WIRING FROM THE INTERIOR, RAN IT TO THE EXTERIOR, UM, TO THE OUTSIDE.
SHE, UH, STATED SHE WAS GONNA REMOVE 'EM.
NEXT SLIDE TWO, I, AGAIN, IS A CONTEXTUAL PHOTOGRAPH OF THE LEFT HAND SIDE, AGAIN SHOWING MORE OF THE SIDING AND DISREPAIR IN THE BACKGROUND.
TOWARDS THE TOP, UH, RIGHT HAND CORNER, YOU CAN SEE ONE OF THE GUTTERS IS ALSO IN DISREPAIR, MISSING, UH, ONE OF THE DOWNSPOUTS.
AND WITH THIS I CONCLUDE MY PRESENTATION AND STRONG LEADERS, THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDED ORDERS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL DUPLEX STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM AUSTIN, CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS TESTIMONY.
ALRIGHT, UH, THANK YOU COORDINATOR AT THIS TIME WITHOUT OBJECTION, I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO I OR OBJECTION, HEARING NONE, THE EXHIBITS ARE ADMITTED.
DO THE COMMISSIONERS HAVE ANY QUESTIONS OF CODE INVESTIGATOR, CERNER? COMMISSIONER, UM, CAN YOU EXPLAIN ON PHOTO TWO G AND TWO H, WHAT ARE THEY TRYING TO DO? THERE ARE THOSE EXTERIOR PLUGS THAT THEY'VE CREATED.
AND THE CITY'S NOT OPPOSED TO PEOPLE RUNNING PLUGS.
UH, WE JUST REQUIRES THAT IT BE DONE SAFELY.
UH, THEY USED, UM, WIRE THAT'S DESIGNED FOR INTERIOR USE.
[01:55:01]
YOU CAN SEE THIS IS ROMEX.IT'S NOT DESIGNED TO BE EXPOSED TO WEATHER.
UM, IT TENDS TO GET REAL BRITTLE AND EVENTUALLY WHAT IT WILL DO IS IT'LL CAUSE A, A ARCING IN BETWEEN THE WIRES AND COULD POTENTIALLY CAUSE A FIRE.
UH, I ASKED HER THE REASON THEY HAD TO PUT 'EM OUT THERE AND SHE SAID THAT, UM, THEY HAD TO PUT 'EM OUT FOR WAR CHRISTMAS LIGHTS.
UM, AND I SAID, YEAH, YOU KNOW, WITH THE SIMPLE FACT THAT THEY'RE OUT THERE, YOU KNOW, PEOPLE COULD GONNA USE 'EM FOR OTHER STUFF TOO.
AND, YOU KNOW, THIS COULD POTENTIALLY BE BE DANGEROUS, YOU KNOW, JUST GET IT FIXED, DO IT RIGHT.
AND, UM, BUT, UM, INITIALLY, LIKE I SAID, I, I TRIED TO WORK WITH THE PROPERTY OWNER.
UM, I EVEN HAD HER TRY TO, UH, CONTACT THE CITY OF ASTON HOUSING.
UM, I WAS UNDER THE IMPRESSION THAT SHE LIVED THERE, BUT IT TURNS OUT THIS IS A, UH, UM, RENTAL PROPERTY OF, OF HERS.
UM, SO THERE WAS, THERE WAS A LOT OF ISSUES.
THEY, LIKE I SAID, THEY DID, THEY DID ADDRESS SOME OF THE ISSUES, UH, ESPECIALLY THE MAIN ONE THAT I WAS WORRIED ABOUT.
THERE'S A, UM, LARGE HOLE, UM, TOWARD THE TOP OF THE GABLE ROOF.
UM, THERE WAS CLEARLY ACTIVITY OF ANIMALS COMING IN AND OUT OF IT.
UM, SHE WENT AND THEY COVERED IT UP WITH A PIECE OF P BOARD.
BUT, UM, I HAVEN'T HAD ANY CONTACT WITH HER.
ARE THERE ANY OTHER QUESTIONS? IF NOT, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
COMM, UH, VICE CAMPBELL MOVES TO CLOSE.
IS THERE A SECOND? I'LL SECOND THAT.
COMMISSIONER SECONDS ON THE MOTION OF VICE CAMPBELL.
SECONDED BY COMMISSIONER SEK TO CLOSE THE PUBLIC HEARING.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
UH, THE PROPERTY IS UNREPRESENTED.
UH, DOES ANYBODY HAVE A MOTION MOVE TO CLOSE THE PUBLIC HEARING? UH, SORRY.
COMMISSIONER FRANCIS, THE PUBLIC HEARING IS CLOSED.
UH, I'M ENTERTAINING A MOTION ON THE, THE STAFF'S RECOMMENDED ORDER AT THIS TIME.
IF, UM, COMMISSIONER, OH, I'M SORRY.
VICE CAMPBELL, UH, I WOULD MOVE TO ADOPT, UH, THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ADOPT THE RECOMMENDED ORDER.
IS THERE A SECOND? I'LL SECOND.
UH, MEMBERS YOU'VE HEARD THE MOTION AND A QUESTION OCCURS ON THE MOTION OF VICE CHAIR CAMPBELL AS SECONDED BY COMMISSIONER FRANCIS TO ADOPT STAFF'S FINDINGS, IN FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITHOUT MODIFICATION.
THIS WILL BE A ROLL CALL VOTE AND I'LL BEGIN WITH.
THERE BEING SIX AYES AND NO NAYS.
THE MOTION IS ADOPTED, UH, UNANIMOUSLY.
UH, A COPY OF THE ORDER WILL BE MAILED TO THE OWNER.
CODE INVESTIGATOR SERNA FOR YOUR PRESENTATION THIS EVENING.
UM, AT THIS TIME WE'LL GO TO FUTURE AGENDA ITEMS AND I WILL RECOGNIZE YES.
COORDINATOR ALL, CAN I READ INTO THE RECORD JUST THAT WE ARE WITH THAT THESE OTHER TWO CASES WILL NOT BE HEARD? SURE, ABSOLUTELY.
UM, ITEM NUMBER EIGHT ON THE AGENDA IS AN APPEAL 8 8 8 TALLWOOD DRIVE.
THE CASE NUMBER IS CV 20 24 0 2 7 8 6 OH.
THIS ITEM HAS BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD TONIGHT.
AND THEN ITEM NUMBER NINE ON THE AGENDA IS AN APPEAL REGARDING 1 1 2 0 DENFIELD ROAD NUMBER TWO.
THE CASE NUMBER IS CV 2 2 4 0 8 9 5 5 6.
THE APPEAL HAS BEEN WITHDRAWN BY THE APPELLANT AND WILL NOT BE HEARD.
UH, COORDINATOR ALI IS, ARE THERE ANY FUTURE AGENDA
[FUTURE AGENDA ITEMS]
ITEMS AT NEXT MONTH'S MEETING? WE DO NEED TO VOTE ON THE DATES FOR THE 2025 MEETINGS.UH, SO THAT CAN'T BE DISCUSSED TONIGHT REALLY, BECAUSE IT'S NOT ON THE AGENDA FOR DISCUSSION.
BUT, UH, I, I'LL PUT IT ON AS A DISCUSSION ITEM FOR NEXT MONTH'S MEETING.
AND, AND SINCE THAT'S NOT A A PROPERTY, WE DON'T, YOU DON'T NEED TWO OF US.
THAT'S JUST, YOU'RE JUST GONNA POST THAT.
IT'S JUST A, AN SOMETHING THAT WE DO EVERY YEAR AT A CERTAIN TIME.
UH, IS THERE ANY OTHER, UH, ANY OTHER BUSINESS BEFORE THE COMMISSION? VICE CHAIR KIM? SORRY, I DID JUST WANNA ASK, UM, REGARDING THE, UH, MANAGERIAL ACCOUNTING ESTIMATE THAT WE HAVE IN OUR, UH, FOLDER, WAS THERE ANY ITEM ATTACHED TO THAT? OR WHAT WAS THAT JUST FOR REFERENCE? THAT WAS JUST THERE FOR REFERENCE.
AND I, AND I, THAT WAS MY, ACTUALLY, I OMITTED, I DIDN'T REALIZE THERE WERE TWO SEPARATE DOCUMENTS, SO I'D ONLY PUT THE ONE DOCUMENT IN THE BACKUP, SO I APOLOGIZE FOR THAT.
[02:00:01]
MY PART, BUT I'LL MAKE SURE THEY'RE BOTH IN THERE NEXT MONTH.UH, SO, UH, I'LL RECOGNIZE, UH, VICE CHAIR IF YOU'D LIKE.
I'LL RECOGNIZE YOU FOR A HIGHLY PRIVILEGED MOTION.
TO CLOSE
I, I MOVE TO CLOSE THE MEETING.
THE TIME BEING 9:01 PM THE, UH, AUSTIN BUILDING OF STANDARDS COMMISSION STANDS AS, UH, ADJOURNED.
START WEARING AND PURPLE FOR ME NOW.
ALL YOUR SANITY AND WITH THEY WILL ALL VANISH.
IT'S JUST A MATT OUR OFF TIME.