Nov 07, 2024 Special Building and Standards Commission

I'LL CONTINUE FROM WHERE IT SHOULD HAVE BEEN.

SO I WILL ADMIT I TOOK THINGS SLIGHTLY OUT OF ORDER ON THE OPENING STATEMENT HERE.

UM, SO

[00:05:01]

UM, TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR FOUR CO CASES ON THE POSTED AGENDA.

THE COMMISSION WILL CONSIDER FOUR CASES FROM FOUR PROPERTIES.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT IS APPROPRIATE.

ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.

UM, CODE OF VIEW ANALYST, JAMES EVERWINE WILL CALL OUT EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES.

STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS, UH, WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU ARE PERMI PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.

THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.

THE ONO REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESSES ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE ONO REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.

THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS EXAMINE THE ONO REPRESENTATIVE'S, WITNESSES ABOUT THEIR TESTIMONY.

WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

UM, WILL OUR DESIGNATED TIMEKEEPER FOR THIS EVENING, PLEASE INTRODUCE YOURSELF.

JAMES LES, FOR THE CITY OF AUSTRIA.

I'LL BE YOUR TIMEKEEPER.

THANK YOU, JAMES.

AFTER THE OWNER OR REPRESENTATIVE AND 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.

BOTH SIDES IN THE COMMISSION MAY ASK ANY MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.

I WILL GIVE THE PROPERTY OWNER AND REPRESENTATIVE, OR APPELLANT THREE MINUTES.

TO SUMMARIZE AT MY DISCRETION, THE CITY MAY BE PERMITTED TO PRESENT REBUTTAL AFTER THE SUMMATION.

AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED.

UM, SINCE WE ALREADY DID THE OATH, I WILL MOVE INTO CONSIDERATION OF OUR AGENDA ITEMS. UM, THE FIRST AGENDA ITEM

[APPROVAL OF MINUTES]

IS THE APPROVAL OF THE MINUTES FROM THE VOTING AND STANDARDS COMMISSION REGULAR MEETING ON SEPTEMBER 25TH, 2024.

SO, COMMISSIONERS, IF YOU COULD LOOK OVER THOSE MINUTES, AND UNLESS THERE'S SOMETHING WRONG, THE VICE CHAIR WOULD SMILE UPON A MOTION TO APPROVE THE MO MINUTES.

I MOVE TO APPROVE THE MOTION FROM THE LAST MEETING.

I'LL SECOND THAT.

UH, THAT WAS A MOTION TO APPROVE THE MINUTES FROM COMMISSIONER OLUGO.

SECONDED BY COMMISSIONER, UH, SIG.

UH, AND AT THIS TIME I WILL, DOES THIS NEED TO BE A ROLL CALL VOTE OR IT CAN BE A VOICE VOTE.

VOICE VOTE IN THAT CASE.

UM, ALL THOSE OPPOSED TO APPROVING THE MINUTES.

ALL THOSE IN FAVOR? A, A BEING UNANIMOUS.

THESE MINUTES ARE APPROVED.

ALRIGHT, MOVING ON TO OUR FIRST CASE FOR THE EVENING.

UM, IT'S AGENDA ITEM NUMBER TWO FOR THE PROPERTY AT 2005 WILLOW CREEK DRIVE.

CAN WE TAKE, UM, THE PRESENTATION ITEM NUMBER, UH, SIX OUT OF ORDER AND HEAR THAT FIRST? UH, YES.

WE CAN DO THAT FIRST.

UM, IN THAT CASE, I WOULD, YEAH, WE CAN DO THAT ONE FIRST.

IT'S THE, THE STAFF BRIEFING.

I AM BACK NOW TO PROVIDE AN UPDATE ON THE FINAL PLAN.

UH, DO I NEED TO MO MOTION TO PUT THAT FIRST OR CAN IT JUST BE DONE OUT OF ORDER? OKAY.

IN THAT CASE,

[6. Staff Briefing on the draft Equity-Based Preservation Plan put forth by the Planning Department, which seeks to replace the city of Austin’s 1981 historic preservation plan with an inclusive, community-oriented process and outcome.]

WE'LL TAKE THAT AGENDA.

ITEM NUMBER SIX FIRST, THIS IS NOT ITEM, UH, SIX ON THE AGENDA IS A STAFF BRIEFING ON THE DRAFT EQUITY BASED PRESERVATION PLAN PRESENTED BY KARA BERTRAN FROM THE PLANNING DEPARTMENT.

GOOD EVENING COMMISSIONERS, KARA, AS, AS MY COLLEAGUE JUST SAID, KARA BERTRAN FROM THE PLANNING DEPARTMENT.

UM, THANK YOU FOR YOUR TIME.

THANK YOU FOR YOUR FORBEARANCE IN TAKING THIS OUT OF ORDER.

AND THANK YOU FOR YOUR SERVICE.

I LAST SPOKE WITH YOU IN THE SPRING WHEN I WAS DOING OUTREACH AND ENGAGEMENT AROUND THE DRAFT EQUITY BASED PRESERVATION PLAN, WHICH IS A NEW HISTORIC PRESERVATION PLAN TO REPLACE THE CITY'S EXISTING PRESERVATION PLAN FROM 1981.

[00:10:01]

UM, THIS IS JUST A BRIEFING, NO ACTION, AND I'M GONNA TRY TO RUN THROUGH IT VERY QUICKLY.

UM, YEAH.

BUT WANTED Y'ALL TO BE UPDATED AND, UM, HOPEFULLY QUEUE UP A PRODUCTIVE PARTNERSHIP MOVING AS WE LOOK TO IMPLEMENT THE PLAN MOVING FORWARD.

SO, AS YOU MAY RECALL, THIS UH, PLAN WAS DEVELOPED IN A, A DIFFERENT WAY THAN MOST CITY PLANS.

IT WAS PUT TOGETHER BY A 26 PERSON COMMUNITY WORKING GROUP OF COMMUNITY MEMBERS.

UH, YOU CAN SEE THEM ON THE SCREEN FACES AND NAMES THEY HEARD FROM ABOUT 275 OTHER COMMUNITY MEMBERS.

IN THE COURSE OF DEVELOPING THE PLAN THROUGH SURVEYS, FOCUS GROUPS, UH, A ULI, TECHNICAL ASSISTANCE PANEL, AND MORE.

UM, IT WAS A REALLY REPRESENTATIVE GROUP CAME FROM ALL OVER THE CITY, UM, AND WAS REALLY GREAT TO WORK WITH.

HERE'S THE VISION FOR THE PLAN.

HISTORIC PRESERVATION IN AUSTIN ACTIVELY ENGAGES COMMUNITIES IN PROTECTING AND SHARING IMPORTANT PLACES AND STORIES.

PRESERVATION USES THE PAST TO CREATE A SHARED SENSE OF BELONGING AND TO SHAPE AN EQUITABLE, INCLUSIVE, SUSTAINABLE, AND ECONOMICALLY VITAL FUTURE FOR ALL.

SO THE PLAN HAS 107 RECOMMENDATIONS THAT ARE ARRAY UNDER 14 GOALS.

THE GOALS ARE VERY BROAD.

I'M NOT GOING TO READ THROUGH THESE, I'M NOT GOING TO CERTAINLY READ THROUGH ALL THE RECOMMENDATIONS, BUT IF YOU JUST TAKE A LOOK, I'M GONNA TALK ABOUT THREE THEMES, UM, THAT THE GOALS FALL INTO.

SO THE FIRST FIVE GOALS FALL INTO A WHAT WE PRESERVE CATEGORY GOALS SIX THROUGH EIGHT, UH, FALL INTO A THEME CALLED WHO WE PRESERVE.

AND THEN THE LAST SIX IN THE RIGHT COLUMN ARE KIND OF THE NUTS AND BOLTS OF, OF HOW WE DO PRESERVATION.

AND THAT'S IN A HOW WE PRESERVE THEME.

AND I'M GONNA RUN THROUGH THOSE THEMES PRETTY QUICKLY.

AND THOSE SLIDES MAY LOOK FAMILIAR TO YOU FROM THE SPRING BECAUSE WHEN WE DID OUTREACH AND ENGAGEMENT AROUND THE, UM, DRAFT PLAN, WHAT WE MOSTLY HEARD FROM COMMUNITY MEMBERS WAS THAT IT MADE A LOT OF SENSE THAT THEY REALLY LIKED WHAT THE PLAN SAID AND THAT THEY WERE SUPPORTIVE.

UM, NEXT SLIDE PLEASE.

SO THE FIRST THEME, WHAT WE PRESERVE, THE BIG IDEA IS REALLY TO THINK BROADLY ABOUT WHAT HISTORY WE ARE CONSIDERING AS IMPORTANT.

UM, BROADENING THE IDEA OF LOCAL HERITAGE TO INCLUDE CULTURAL HERITAGE, LIKE LEGACY BUSINESSES AND MURALS, AND ALSO TO BETTER RECOGNIZE ARCHEOLOGICAL RESOURCES AND TO CONNECT PRESERVATION TO OTHER COMMUNITY PRIORITIES.

UM, NOT AS, NOT AS A PANACEA, BUT AS SOMETHING THAT CAN HELP WITH THESE PRESSING COMMUNITY NEEDS AROUND AFFORDABILITY AND SUSTAINABILITY.

SO THE NEXT THEME IS WHO PRESERVES THE BIG IDEA HERE IS REALLY TO INVITE MORE PEOPLE TO PARTICIPATE AND SUPPORT THEM IN THAT WORK.

WE HAVE, UH, STARTED TO ENGAGE NEW PARTNERS AND AUDIENCES AROUND, UM, WITH THE PLAN OUTREACH THAT WE DID IN THE SPRING.

UH, WE ALSO REALLY WANT TO SUPPORT FOLKS WHO ARE DOING THE WORK IN HANDS-ON WAYS.

AND I THINK THAT IS, IS, UM, PARTLY WHERE A PARTNERSHIP WITH, WITH Y'ALL AND WITH DSD STAFF CAN COME IN.

THE LAST THEME, HOW WE PRESERVE THE BIG IDEA IS TO BE MORE STRATEGIC AND CONTINUE TO BE EFFECTIVE IN THE WORK THAT WE'RE DOING, AND KIND OF IN THOSE PRESERVATION, UH, REVIEW THE HISTORIC REVIEW AND THE TOOLS THAT WE'RE USING.

SO, UM, UPDATED DESIGNATION CRITERIA, CONTINUED SUPPORT FOR THE STEWARDS OF OUR HISTORIC PROPERTIES WHO ARE MOSTLY PRIVATE PROPERTY OWNERS, BEING STRATEGIC WITH OUR REVIEW, IMPROVING OUR ENFORCEMENT PROCESSES, WHICH I'LL TALK A LITTLE BIT MORE ABOUT IN THE NEXT SLIDE, AND COLLABORATIVE IMPLEMENTATION OF THE PLAN.

HOW CAN WE WORK WITH YOU AND WITH OUR DSD COLLEAGUES AND WITH PROPERTY OWNERS AND IN PROACTIVE WAYS TO, UM, TO BE MORE PROACTIVE AROUND ENFORCEMENT AND, AND LESS REACTIVE.

SO THIS IS A LIST OF SELECTED RECOMMENDATIONS.

UM, THEY COME FROM ACROSS THE PLAN.

UH, THERE'S SOME RESOURCES, UH, SOME RECOMMENDATIONS AROUND, YOU KNOW, PROVIDING MORE RESOURCES FOR PRIVATE PROPERTY OWNERS WHO MAY, UM, BE FACING ECONOMIC HARDSHIP.

SO THERE'S PROPERTY OWNERS, LOW INCOME SENIORS, MAKING SURE THAT THAT PROPERTY OWNERS KNOW THE RESOURCES THAT ARE AVAILABLE TO THEM ALREADY, UM, TO, TO MAINTAIN THEIR BUILDINGS.

UM, I MENTIONED, OR IN A PREVIOUS SLIDE, YOU KNOW, THERE WAS, IT INCLUDED MAINTENANCE EDUCATION AND TRAINING FOR HOMEOWNERS AND TENANTS.

STRUCTURAL ENGINEERING EXPERTISE IS SOMETHING THAT THAT HISTORIC PRESERVATION OFFICE DOES NOT HAVE ACCESS TO, THAT WE WOULD LIKE TO HAVE ACCESS TO SOMETIMES THAT WE WERE BETTER ABLE TO, UM, ASSESS, UM, HISTORIC OR OLDER, POTENTIALLY HISTORIC PROPERTIES TO SURVEY, UH, AREAS THAT HAVE NOT YET BEEN SURVEYED IN A HISTORIC RESOURCE SURVEY.

SO KNOWING WHAT WE HAVE SO THAT WE CAN DO PROACTIVE OUTREACH TO PROPERTY OWNERS AND HOPEFULLY WORK WITH PEOPLE, UM, BEFORE A PROPERTY IS PROPOSED FOR DEMOLITION OR BEFORE IT DETERIORATES IF IT'S, IF IT'S A SIGNIFICANT PROPERTY, UM, CREATING A PROCESS TO CLAIM ECONOMIC HARDSHIP.

SO THAT'S MENTIONED IN OUR CODE NOW IN THE HISTORIC REVIEW PORTION OF THE CODE, UM, BUT WITHOUT ANY EXPLANATION AND WITHOUT REALLY ANY PROCESS OR, OR, UM, STANDARDS.

SO FIGURING THAT OUT, MAKING IT REALLY CLEAR TO FOLKS.

AND THEN THERE'S, UM, UH, 90, SO THE LAST FOUR ON THE LIST ARE JUST HOW CAN WE, HOW,

[00:15:01]

UM, SO MAKING SURE THAT WE'RE, WE HAVE CLEAR PROCESSES, UM, MORE FIGURING OUT WAYS TO MORE EFFECTIVELY DETER VIOLATIONS, INCREASING PENALTIES FOR REPEAT VIOLATORS.

PAIRING THAT WITH, OF COURSE, CONTINUE LIKE OUTREACH AND EDUCATION TO PROPERTY OWNERS, MAKING SURE THAT THAT PEOPLE KNOW WHAT THE EXPECTATIONS ARE AND NOT JUST BEING PUNITIVE AND JUST BETTER ENFORCING VIOLATIONS, WHICH IS, IS, HAS BEEN A REAL CHALLENGE FOR US WITH OUR HISTORIC LANDMARKS AND HISTORIC DISTRICTS.

UM, OKAY, NEXT SLIDE.

I'M GONNA TALK VERY BRIEFLY ABOUT WHAT, HOW WE DID COMMUNITY ENGAGEMENT IN THE SPRING.

SO WE DID A FOUR MONTH, UM, ENGAGEMENT WINDOW.

WE TALKED TO A LOT OF PEOPLE, WE DID A LOT OF PRESENTATIONS.

WE DID POPUPS AT COMMUNITY EVENTS AROUND THE CITY.

WE DID SMALLER EVENTS AND SOME BIG CITY HOSTED EVENTS.

WE ALSO WORKED WITH COMMUNITY MEMBERS TO TRY TO REACH, UM, COMMUNITY MEMBERS AND ORGANIZATIONS TO REACH COMMUNITIES THAT HAVE HISTORICALLY BEEN MARGINALIZED OR JUST HAVE, HAVE, UM, NOT PARTICIPATED ACTIVELY.

SO WE HAD PAID COMMUNITY AMBASSADORS AND AWARDED MANY GRANTS TO FIVE COMMUNITY ORGANIZATIONS TO REACH OUT TO THEIR NETWORKS ABOUT THE PLAN.

SO HERE'S WHO WE HEARD FROM.

MOST PEOPLE PARTICIPATED IN THE, UM, PLANNING PROCESS THROUGH A SHORT COMMUNITY SURVEY.

UM, I PROBABLY CAME VERY CLOSE TO BESEECHING, YOU AND ANYONE LISTENING IN THE LAST MEETING TO TAKE THE SURVEY, UM, ONLINE, IT TOOK ABOUT FIVE MINUTES.

AND WHEN WE LOOK AT THE SURVEY RESPONDENTS COMPARED TO TO AUSTIN AS A WHOLE, IT'S PRETTY REPRESENTATIVE FOR COMMUNITIES OF COLOR.

UM, PEOPLE WITH DISABILITIES AND LGBTQA PLUS COMMUNITIES ARE OVERREPRESENTED, WHICH IS REALLY EXCITING TO SEE, UM, UNDERREPRESENTED IN TERMS OF RENTERS.

SO NEARLY 30% IS STILL, IT'S NOT BAD FOR A CITY PROCESS, BUT THIS IS SOMETHING THAT WE WANNA KEEP WORKING ON AND KEEP ENGAGING RENTERS AS WE IMPLEMENT THE PLAN.

YOU CAN SEE ON THE BOTTOM RIGHT, PEOPLE CAME FROM ALL OVER AUSTIN AND, UM, ON THE TOP RIGHT THAT, UH, MOST PEOPLE, A SIGNIFICANT MAJORITY OF THE PEOPLE WHO PARTICIPATED HAVE BEEN HERE A REALLY LONG TIME.

SO MORE THAN 60% FOR MORE THAN 20 YEARS AND, AND FOLKS FROM OTHER TIME LENGTHS TOO.

THIS.

UM, THE SURVEY INCLUDED THESE, THIS LIST OF COMMUNITY PRIORITIES, WHICH WAS THE AGGREGATED PLAN GOALS.

AND THE QUICK TAKEAWAY FROM THIS SLIDE IS THAT PEOPLE SUPPORTED ALL THESE PRIORITIES.

YOU KNOW, THE LOWEST SCORE HERE IS 73%.

UM, WHEN WE ASKED PEOPLE, WE'LL START WORKING ON MULTIPLE THINGS WHEN WE IMPLEMENT THE PLAN, BUT WE WANTED TO GET A SENSE OF PEOPLE'S PRIORITIES.

SO WHEN WE ASKED PEOPLE WHAT WE SHOULD START WORKING ON FIRST, THE BIGGEST, UM, UH, MA THE MAJORITY OF PEOPLE SAID, YOU KNOW, MAKE, KEEP PEOPLE IN BUSINESSES IN PLACE.

UM, ANOTHER 20% SAID, HELP PLACES KEEP FEELING LIKE AUSTIN IN THE BUILT ENVIRONMENT.

AND I THINK THAT IS AN ACCURATE REFLECTION OF, OF WHERE, WHERE THE CITY IS AND THE CHALLENGES THAT IT FACES.

UM, WE ALSO GOT SOME SPECIFIC COMMENTS ON THE DRAFT PLAN.

UH, ABOUT HALF OF THOSE IN REQUESTED ACTION.

WERE IN THE PREVIEW OF THE PLAN AND, UM, WERE ALLOWABLE BY CITY CODE.

UM, ABOUT HALF THE RECOMMENDATIONS IN THE DRAFT PLAN WERE REVISED BASED ON COMMUNITY FEEDBACK AND EIGHT NEW RECOMMENDATIONS WERE ADDED, UM, WHICH WAS GREAT, UH, FILLING IN THE GAPS THAT, THAT THE WORKING GROUP HAD MISSED WHEN IT WAS CREATING THE PLAN.

UM, AND AGAIN, THAT ONE, THIS INCLUDED THE, THE REGULAR, UM, BUILDING MAINTENANCE EDUCATION AND TRAINING FOR PROPERTY OWNERS AND TENANTS.

HERE'S THE PRESERVATION PLAN TIMELINE.

AND A NUTSHELL, I'LL JUST SAY IT'S BEEN A REALLY LONG PROCESS.

IT'S BEEN A THREE AND A HALF YEAR PLANNING PROCESS.

WE ARE VERY EXCITED TO BE CLOSE TO COUNCIL, UH, ADOPTION OF THE PLAN.

WE'RE GOING TO COUNCIL IN TWO WEEKS ON NOVEMBER 21ST.

UH, AND, AND HOPEFULLY COUNCIL WILL ADOPT THE PLAN AND WE CAN BEGIN THE EVEN LONGER WORK OF IMPLEMENTATION.

UM, NEXT SLIDE PLEASE.

SO, UH, IN TERMS OF NEXT STEPS, WE WILL START, YOU KNOW, HOPEFULLY THEY'LL ADOPT, COUNCIL WILL ADOPT THE PLAN ON THE 21ST AND WE'LL START IMPLEMENTING THE PLAN IMMEDIATELY LOOKING AT, UH, WHAT WE CAN DO WITH THE RESOURCES WE HAVE AND ALSO LAYING THE GROUNDWORK AND THE NEXT BUDGET SEASON FOR, UM, TO ASK FOR RESOURCES THAT WILL ALLOW US TO, TO IMPLEMENT ADDITIONAL RECOMMENDATIONS THAT REQUIRE MORE RESOURCES, UM, MORE MORE FUNDING OR STAFF.

WE'RE WORKING ON A PUBLIC DASHBOARD TO BE TRACKING THE PLAN PROGRESS.

WE ARE, UH, WE HAVE SET UP MEETINGS WITH STAFF IN RELATED CITY DEPARTMENTS, UM, TRYING TO ALIGN OUR WORK WITH THEIR SUPPORT, THEIR WORK AND HOPEFULLY HAVE SOME RECIPROCITY THERE.

THERE'S A LOT OF OF RECOMMENDATIONS THAT ALIGN WITH OTHER CITIES, UM, OTHER CITY DEPARTMENTS.

AND WE'LL CONTINUE COMMUNITY ENGAGEMENT AND PARTNERSHIP BUILDING, WHICH I THINK HAVE REALLY BEEN AT THE HEART OF, OF THIS PLANNING PROCESS SO FAR.

THAT'S IT.

THIS IS THE PLAN WEBSITE.

UH, YOU CAN SIGN UP FOR, UM, IT'S SPEAK OF AUSTIN.ORG/ATX PRES PLAN AND YOU CAN SIGN UP FOR UPDATES ON THE PLAN IF YOU WOULD LIKE.

AND I'M HAPPY TO, TO ANSWER AND ANY QUESTIONS FROM, FROM THE COMMISSION AT THIS TIME.

WELL, THANK YOU VERY MUCH FOR YOUR, UH, PRESENTATION HERE TONIGHT.

[00:20:01]

UM, WOULD ANY OF MY COMMISSION FELLOW COMMISSIONERS LIKE TO ASK QUESTIONS? JUST CONGRATULATIONS, LIKE YOU SAID, LONG ROAD.

UM, LOTS OF HOURS I CAN SEE HERE.

NICELY DONE.

THANK YOU, COMMISSIONER.

YEAH, FANTASTIC WORK.

THANKS FOR COMING HERE TONIGHT.

ALRIGHT, WITH THAT WE CAN MOVE ON TO OUR REGULAR AGENDA ITEMS. UM, I THINK I DIRECT ONE OF Y'ALL TO CALL THE ITEMS, IS THAT CORRECT? OKAY.

CASE NUMBER CL 2 0 24 DASH 1 0 4 3 8 AND IS REGARDING THE PROPERTY LOCATED AT 2 0 0 5 WILLOW CREEK DRIVE, ALSO KNOWN AS AVETA SOUTH SHORE APARTMENTS.

UM, JAMES EVERWINE WITH THE CITY OF AUSTIN.

ITEM NUMBER TWO ON THE AGENDA IS

[2. Case Number: CL 2024-104318]

STAFF EXHIBITS CAN BE FOUND IN THE C FOAM GREEN BOOKS IN YOUR READERS IN THE GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THE CASE.

THIS CASE WAS OPENED IN JANUARY, 2024 AS THE RESULT OF A COMPLAINT.

THE SUBJECT STRUCTURE IS A RETAINING WALL AT A MULTIFAMILY PROPERTY WITH APPROXIMATELY 300 UNITS.

THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.

CONDITIONS AT THE PROPERTY ARE CONSIDERED SUBSTANDARD AND 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, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO I.

INSPECTOR ORTIZ, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, COMMISSIONER.

UH, MY NAME IS JASON ORTIZ AND I'M THE INSPECTOR FOR THE DEVELOPMENTAL SERVICE DEPARTMENT CODE COMPLIANCE DIVISION.

THE PROPERTY BEING BROUGHT FORWARD, UH, TODAY IS A COMMERCIAL PROPERTY LOCATED AT 2005 WILLOW CREEK DRIVE.

THE OWNER ON RECORD HAS BEEN IDENTIFIED AS 2005 WILLOW CREEK, LLC ON JANUARY 30TH TWO, UH, 2024.

I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 2005 BELOW CREEK DRIVE, UM, VIA COMPLAINT REPORTED TO 3 1 1.

ON FEBRUARY 15TH, I PERFORMED AN INSPECTION AND OBSERVED A RETAINING WALL WITH, UH, THAT WAS CRACKED, SEPARATING AND SHIFTING.

UH, I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION.

ON FEBRUARY 29TH, UH, I PERFORMED FOLLOW UP INSPECTIONS AND OBSERVED THAT THE VIOLATION HAS NOT BEEN CORRECTED AND THE WALL WAS IN THE SAME CONDITION.

UH, I AM ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATION.

UH, I WILL NOW PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

UH, PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY'S ENTRANCE AND SIGNAGE.

NEXT PHOTO TWO B IS A CONTEXTUAL PHOTO FROM FURTHER AWAY, UM, IDENTIFYING THE, UH, RETAINING WALL OR SOIL STABILIZATION WALL, UM, IN QUESTION.

NEXT PHOTO.

THIS IS A CONTEXTUAL VIEW FROM THE BASE OR THE BOTTOM OF THE, UH, RETAINING WALL, UM, SHOWING YOU THE SLOPE, UM, AND THE, UH, THE SEVERITY OF IT.

NEXT, UH, 2D IS A UP CLOSE PHOTO OF THE SECTION OF THE WALL THAT HAS SHIFTED, UH, AND IS SEPARATING ALONG THE SEAMS AS YOU CAN SEE HERE, THAT, UH, YOU CAN SEE WHERE THE SEPARATION HAS OCCURRED.

NEXT PHOTO TWO E IS, UH, AN ADDITIONAL VANTAGE POINT OF THE SAME SECTION OF CONCRETE THAT SHOWS A SEPARATION ALONG THE TOP, UH, OF THE WALL THERE.

UH, TWO F IS AN UP CLOSE PHOTO OF ANOTHER SECTION OF THE DAMAGED CONCRETE THAT HAS SHIFTED DOWNWARD AND CRACKED THE BASE THERE.

UH, THIS WALL, UH, IN QUESTION IS ROUGHLY ABOUT 500 FEET LONG.

TWO G UH, IT'S ANOTHER VIEW OF A SECTION SHOWING THE GAP IN SEPARATIONS ALONG THE SEAM, UH, OF EACH CONCRETE.

SECTION TWO H IS ANO ANOTHER DAMAGED SECTION LOCATED AT THE TOP OF THE WALL, UH, WHERE YOU SEE THE TREE HAS PUSHED AND SEPARATED IT, UH, ALONG THE SEAMS THERE.

TWO I, UH, THIS IS A SECTION, A WALL THAT IS, UH, DIRECTLY ADJACENT TO BUILDING FIVE.

UH, AND IN THIS

[00:25:01]

PHOTO, IF YOU LOOK CLOSELY, YOU CAN SEE, UH, POSSIBLE CRACKS ALONG THE FOUNDATION OF, UH, OF THAT BUILDING.

ALSO, UH, THIS WILL CONCLUDE MY TESTIMONY, UH, AND I'M AVAILABLE FOR ANY QUESTIONS IF NEEDED.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.

I STAFF ALSO 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.

B, CORRECT ALL 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 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 $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 TO 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, I WOULD LIKE TO RECOGNIZE THE PROPERTY REPRESENTATIVE.

IS THAT MR. SLADE CHEN? WHY? WHY SOON? WHY SOON? YEAH.

UM, BEFORE YOU GO INTO YOUR AFFIRMATIVE TESTIMONY, IF YOU HAVE ANY QUESTIONS FOR THE CITY OF AUSTIN, YOU ABOUT THEIR PRESENTATION, YOU'RE MORE THAN WELCOME TO ASK THOSE NOW.

NO, UM, I THINK I'M GOOD RIGHT NOW.

I ACTUALLY JUST MET, UH, MR. ORTIZ NOT TOO LONG AGO, SO WE'RE WORKING THROUGH THIS TOGETHER.

YEAH.

ALRIGHT, GOOD.

IN THAT CASE, YOU ARE WELCOME TO BEGIN YOUR AFFIRMATIVE TESTIMONY AND I BELIEVE WE CAN PULL UP THE EXHIBITS THAT YOU SUBMITTED.

VERY GOOD.

UM, GOOD EVENING, UH, COMMISSIONERS.

THANK YOU FOR HAVING ME HERE TODAY.

UH, SO AS ALREADY STATED, MY NAME IS SLADE.

WE, I REPRESENT 2005 WILLOW CREEK, LLC.

I'M THEIR DIRECTOR OF ASSET MANAGEMENT.

AND HERE TO TALK ABOUT THE SLOPE PROTECTION STRUCTURE AT THE BACK OF THE COMMUNITY THAT YOU, THAT YOU JUST SAW.

UH, RES PROP IS OUR MANAGEMENT COMPANY IN SPEARHEADING THIS PROJECT FOR US.

UM, UNFORTUNATELY WE WERE NOT, UH, AWARE THAT THIS, UH, ISSUE HAD NOT BEEN CORRECTED UNTIL WE RECEIVED THE MOST RECENT NOTICE, UM, UH, REQUESTING THIS HEARING HERE.

UM, IN JUNE, WE HAD AN ENGINEER, ROBERT KISSER, UH, TAKE A LOOK AT THIS FOR US AND PROVIDE A LETTER OF RECOMMENDATION TO SEAL CRACKS THAT YOU'RE SEEING UP THERE ON YOUR SCREEN RIGHT NOW WHERE IT LOOKS LIKE THE SEAL HAD DETERIORATED.

UM, WE COMPLETED THOSE REPAIRS SHORTLY THEREAFTER.

UM, IN A MOST RECENT INSPECTION BY MR. ORTIZ.

UM, I BELIEVE HE SUGGESTED THAT THE REPAIRS DID NOT APPEAR ADEQUATE.

UM, IN THIS ACTION PLAN, UH, THAT I PUT TOGETHER, UM, THE FIRST ACTION ITEM WAS TO ENGAGE A GEOTECH ENGINEER TO COME BACK AND LOOK AT THIS ISSUE FOR US AND PROVIDE ANY RECOMMENDATIONS, UH, THAT THEY HAVE, UM, IN ORDER TO CORRECT THIS ISSUE.

UH, TODAY WE ACTUALLY EXECUTED, UM, UH, THAT ENGAGEMENT LETTER SO WE CAN START THAT PROCESS.

UM, THE GEOTECH IS COMING THROUGH ROBERT KISSER, UM, WHO WE USED PREVIOUSLY.

UM, SO, YOU KNOW, WE HOPE TO HAVE A RECOMMENDATION FROM THE ENGINEER, UM, BY THE END OF THE MONTH, UM, ON WHAT, UH, WHAT REPAIRS NEED TO BE MADE IF NECESSARY.

AND, UM, ALL I'M ASKING FOR RIGHT NOW IS, IS TIME, UM, TO, TO MAKE THESE REPAIRS.

YOU KNOW, WE'RE SUBJECT TO GETTING THE REPORT FROM THE ENGINEER.

UM, I WANNA MAKE SURE THAT WE HAVE ADEQUATE TIME TO, UH, UH, OBTAIN ANY PERMITS WHERE NECESSARY AND WORK WITH, UH, MR. ORTIZ IN THE, IN THE CODE, UH, THE CODE ENFORCEMENT TEAM TO, UH, TO ADDRESS THIS ISSUE PROMPTLY AND AS QUICKLY AS WE CAN.

UM, IN MY LETTER, UH, I REQUESTED 120 DAYS IN THE EVENT WE RUN INTO ANY UNFORESEENS OR A LENGTHY PERMITTING PROCESS OR WHATEVER THAT LOOKS LIKE.

UM, RIGHT NOW WE JUST DON'T KNOW, UM, UNTIL WE GET THE ENGINEER'S REPORT WHAT WE'RE GONNA BE DEALING WITH.

UM, SO, YOU KNOW, YOU HAVE MY COMMITMENT, UH, TO WORK WITH THE CODE ENFORCEMENT TEAM IN THE CITY TO MAKE SURE THAT WE GET THIS ADDRESSED QUICKLY AND PROMPTLY.

UM, SO I APPRECIATE YOUR CONSIDERATION AND HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

AT THIS TIME I WOULD, UH, INVITE CITY OF AUSTIN OFFICIALS TO ASK ANY QUESTIONS OF MR WE SOON THAT THEY WOULD LIKE.

IN THAT CASE, I WOULD OPEN IT UP TO MY FELLOW COMMISSIONERS FOR ANY QUESTIONS THAT THEY HAVE OF EITHER PARTY

[00:30:05]

COMMISSIONER HAS LUGA.

SO DO YOU HAVE ANY COMMENTS OR SPECIFIC REQUESTS WITH REGARDS TO THE CITY OF AUSTIN ORDER? UH, NO, NO COMMENTS.

I'M JUST ASKING FOR AN EXTENSION, UH, TO, TO GIVE US TIME TO ACTUALLY, UH, REMEDY THE ISSUE.

AND I, I DON'T THINK WE'LL BE ABLE TO GET IT DONE IN 45 DAYS.

UH, JUST IN MY EXPERIENCE, BASED ON TIMING OF RECEIVING REPORTS, UNCOVERING WHAT'S SO PERMITTING PROCESS, ET CETERA.

UM, LOOK, IF IF WE'RE, IF WE'RE OUT OF COMPLIANCE OR OUT OF CODE, UM, WE'RE ABSOLUTELY GONNA ADDRESS IT.

I THINK MR. MR. ORTIZ WOULD, WOULD ATTEST THAT WE'VE BEEN DOING A LOT OF WORK OUT THERE ON ANY OTHER ISSUES THAT WE HAVE AND CONTINUE TO DO SO, AND THIS IS ONE OF THOSE THAT WE WANNA ADDRESS AND GET TAKEN CARE OF.

SO I'M JUST ASKING FOR MORE TIME.

COMMISSIONER ALIG, DID YOU HAVE SOMETHING? SO I WAS JUST CURIOUS, HOW LONG HAVE YOU OWNED THE PROPERTY? UM, WE HAVE OWNED THE PROPERTY SINCE 2017, I BELIEVE, AND I STARTED WITH THIS GROUP IN, UH, IN APRIL OF THIS YEAR.

SO I'M STILL GETTING UP TO SPEED ON A LOT OF THINGS.

AND YOU DIDN'T KNOW ABOUT THIS UNTIL THEY BROUGHT IT TO YOUR ATTENTION? I KNEW, I KNEW THAT WE HAD CRACKS THAT WE NEEDED TO SEAL, UM, AT THE TIME BASED ON THE ENGINEER'S LADDER, AND THAT'S, THAT'S THE WORK THAT WE PERFORMED.

MM-HMM.

UM, AND AGAIN, WE'RE RE-ENGAGING THEM BASED ON THE MOST RECENT INSPECTION TO MAKE SURE THAT WE ADDRESS ANYTHING THAT, UH, WE NEED TO.

YES, SIR.

DO YOU KNOW WHEN THOSE, UM, THAT RETAINING WALL WAS ORIG ORIGINALLY BUILT? NO, SIR.

I DON'T, I GOTTA THINK IT WAS, UH, IN THE SEVENTIES WHEN YEAH.

WHEN THE BUILDING WAS CONSTRUCTED.

YES, SIR.

ANY OTHER QUESTIONS? QUESTION FOR OFFICER ORTIZ AND HIS STATEMENT WAS THEY'VE BEEN MAKING PROGRESS AND MOVING FORWARD, AND WE COULD ASK YOU HAVE, DO YOU FEEL LIKE THAT'S THE CASE, THAT THEY'RE SHOWING AN EFFORT TO MOVE THIS FORWARD TO EXPEDITION? YES, SIR.

ALONG WITH THIS, UH, RETAINING WALL, UH, ISSUE, THERE WERE OTHER ISSUES, UM, THAT THEY HAD BEEN CORRECTING OVER THE LAST FEW MONTHS DUE OR STEMMING FROM A, UH, REPEAT OFFENDER, UH, PERIODIC INSPECTION.

UM, SO SOME OF THAT WORK THEY HAVE COMPLETED OR MAJORITY OF THAT WORK THEY HAVE COMPLETED, THERE ARE STILL SOME OUTSTANDING THINGS, BUT THE MAJORITY OF THE LIST HAS BEEN, UH, TAKEN CARE OF.

AND THEN, UH, IN ADDITION TO THIS WALL THAT WAS, UH, REPORTED SEPARATELY FROM THAT PERIODIC INSPECTION.

SO, UH, OVERALL I WOULD SAY YES, THAT THERE ARE, ARE, ARE PROGRESSING, UH, MAYBE NOT A HUNDRED PERCENT, BUT THEY ARE MOVING FORWARD.

UH, IF THERE ARE NO MORE QUESTIONS, I WOULD JUST LIKE TO, UM, SAY TO THE PROPERTY OWNER REPRESENTATIVE, TYPICALLY WE HAVE RESTRICTIONS ON JUST HOW LONG WE CAN MAKE AN ORDER GO OUT TO.

AND PERHAPS, UM, UH, MS. CORY COULD SPEAK TO THIS A BIT MORE, BUT, UH, TYPICALLY OUR MAXIMUM IS 90 DAYS.

UM, AND IF SHE WOULD LIKE TO EXPLAIN WHEN WE COULD POTENTIALLY GO BEYOND THAT, BUT TYPICALLY WE RESTRICT IT TO 90 DAYS.

UH, THANK YOU.

UM, UH, MADAM CHAIR TONIGHT.

UM, I'M LAUREN COREY WITH THE, UH, CITY OF AUSTIN LAW DEPARTMENT.

UM, SO THE COMMISSION'S, RULES AND REGULATIONS, UH, I THINK IT'S RULE 4 0 6, SET OUT ADDITIONAL EVIDENCE THAT HAS TO BE PRESENTED AS A PREREQUISITE FOR ORDERS, UM, EXCEEDING 90 DAYS.

THAT INCLUDES ONE, A SOURCE OF FUNDING, TWO BREAKDOWN OF COSTS, THREE A TIMEFRAME, AND FOUR DRAWINGS OR CONTRACTOR'S ESTIMATION OF WORK REQUIRED.

UM, AND I BELIEVE THAT, THAT THOSE REQUIREMENTS ARE ALSO INCLUDED IN THE NOTICE OF HEARING, UM, THAT IS SENT OUT TO THE PROPERTIES AS WELL, UM, AT THIS COMMISSION'S REQUEST.

MAD I MOVE TO CLOSE THE PUBLIC HEARING.

ALRIGHT, SO MOVED.

UM, WOULD ANYBODY SECOND? SECOND.

THAT'S A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING BY COMMISSIONER FRANCIS AND SECONDED BY COMMISSIONER SIG.

ALL THOSE IN FAVOR? AYE.

ALL THOSE OPPOSED? AYE.

MADAM CHAIR, UH, WAS THAT COMMISSIONER SOTA? IT IS.

HEARING NONE.

UM, THE MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING PASSES, UM, AT THIS TIME, UH, I WOULD LIKE YOU TO STAY THERE.

WE MIGHT STILL HAVE QUESTIONS FOR YOU, BUT THAT CONCLUDES, UM, THE AFFIRMATIVE PORTION OF YOUR TESTIMONY.

UH, COMMISSIONERS ARE FREE TO ASK, UH, ANY QUESTIONS OF THE CITY OR PROPERTY OWNERS REPRESENTATIVE, OR DISCUSS FURTHER.

UM, ACTUALLY IN LIGHT OF WHAT WE'VE BEEN DOING AT RECENT MEETINGS, I WOULD REQUEST THAT SOMEBODY MAKE A MOTION BEFORE WE MOVE INTO GENERAL DISCUSSION.

[00:35:01]

YOU'RE RECOGNIZED.

UH, THANK YOU MADAM CHAIR.

UH, BEFORE, UH, BEFORE MAKING A MOTION, UH, A QUICK POINT OF INQUIRY, UH, WERE THE, UH, WERE THE EXHIBITS ADMITTED? I DON'T KNOW IF I HEARD THAT.

I DO NOT BELIEVE THAT I DID ADMIT THE EXHIBITS.

THAT IS A GREAT POINT.

UM, I WOULD ADMIT EXHIBIT, UM, ONE AND TWO A THROUGH TWO I AS WELL AS THE PROPERTY OWNERS EXHIBITS.

THANK YOU FOR THAT.

THANK YOU, MADAM CHAIR.

ALSO, MAY I BE RECOGNIZED FOR PROMOTION? YES.

OKAY, THANK YOU.

UH, JUST FOR SAKE OF FURTHERING THE DISCUSSION AT THIS TIME, I WOULD JUST MOVE THAT THE, UH, STAFF'S, UH, FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDED ORDER BE ADOPTED WITHOUT MODIFICATION.

IS THERE A SECOND? SECOND.

THAT IS SECONDED BY COMMISSIONER OLUGO.

UM, AND WITH THAT, I WOULD OPEN IT UP TO DISCUSSION ON THE PENDING MOTION.

UM, ACTUALLY, I WOULD RECOGNIZE CHAIR STOAT TO OFFER ANY INSIGHT FIRST.

WELL, THANK YOU MADAM CHAIR.

I, I WON'T, UH, I WON'T, UH, URGE ADOPTION RIGHT AWAY.

LIKE I SAID, UH, MY MAIN PURPOSE IN MOVING WAS JUST TO FACILITATE DISCUSSION.

I, I GUESS THE, THE FACTORS THAT WOULD INCLINE ME TOWARD, UH, GRANTING SOME TYPE OF EXTENSION OUT TO 90 DAYS, UH, WOULD JUST INCLUDE, UH, THE DILIGENCE WITH WHICH THE REPAIRS ARE BEING PURSUED.

UM, I THINK WHAT WOULD COUNSEL AGAINST AN EXTENSION WOULD BE IF IT WAS IN THE OPINION OF THE CITY, UH, THAT THERE WERE LIFE SAFETY ISSUES, UH, AROUND THE, UH, THE RETAINING WALL IS, IS, IS ITS FAILURE IMMINENT, WHAT SORT OF DAMAGE WOULD HAPPEN, UH, IN THE EVENT OF A FAILURE, THAT, THAT SORT OF THING.

UH, SO THOSE ARE SORT OF THE FACTORS I THINK THAT WEREN'T CONSIDERATION THAT AT, AT THIS TIME.

I'LL, I'LL YIELD TO DISCUSSION BY FELLOW COMMISSIONERS.

THANK YOU, MADAM CHAIR.

THANK YOU FOR THAT.

UM, ACTUALLY IN THAT CASE, I WOULD LIKE TO ASK, UM, CITY STAFF IF, UH, UH, THE INSPECTOR, UM, IF THERE IS A SEEMINGLY PRESENT LIKE CONTINUING DANGER TO THE COMMUNITY, IS, UH, UH, COMMISSIONER SOAT MENTIONED AT THIS TIME? I, I BELIEVE NOT.

NO MA'AM.

ANY OTHER COMMENTS FROM COMMISSIONERS? UM, I WOULD REMIND MY FELLOW COMMISSIONERS THAT THE MOTION WAS TO ADOPT THE CURRENT ORDER, WHICH IS WITH THE 45 DAYS.

SO, UM, IF ANYBODY WOULD LIKE TO MODIFY THAT, THAT WOULD REQUIRE AN AMENDMENT.

UM, OTHERWISE IF THERE ARE NO FURTHER COMMENTS OR MOTIONS TO AMEND SEEING NONE, UH, I WOULD CALL FOR A VOTE ON THE PENDING MOTION, WHICH AGAIN IS TO ADOPT STAFF'S PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW.

AND I'M GONNA GO JUST DOWN THE, HERE'S MY PAPER WITH EVERYONE'S NAME.

UM, I'LL JUST GO DOWN MY LIST.

UM, COMMISSIONER SOCAL VOTE.

AYE, UH, COMMISSIONER SIG OVER.

COMMISSIONER ASKED LUGO AYE.

COMMISSIONER FRANCIS.

AYE, UM, COMMISSIONER STOAT.

AND I VOTE, AYE SEEING SIX AYES AND NO NAYS? THE MOTION PASSES.

THANK YOU FOR COMING OUT TONIGHT.

10 DAYS.

UH, IT'LL BE MAILED TO YOU WITHIN 10 DAYS.

THE AGENDA IS CASE NUMBER CL 2 0 2 4 DASH 0 7 6 0 8 7, AND IS REGARDING A PROPERTY LOCATED AT 4 9 1 7 SOUTH CONGRESS AVENUE.

AND I, I'M SORRY, I DID NOT QUITE UNDERSTAND WHAT THE MOTION WAS.

I COULDN'T UNDERSTAND HIM ON THE SCREEN.

SORRY.

THE MOTION WAS TO ADOPT THE STAFF'S, UH, RECOMMENDED ORDER, ESSENTIALLY, WHICH, UM, INCLUDED A 45 DAY TIME PERIOD TO, UH, COMPLY.

THANK YOU FOR BEING HERE TONIGHT.

[00:40:01]

ITEM NUMBER THREE ON

[3. Case Number: CL 2024-076087]

STAFF EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THE CASE.

THIS CASE IS REGARDING A FIRE DAMAGE COMMERCIAL STRUCTURE THAT IS UNOCCUPIED.

THE CASE WAS OPENED IN FEBRUARY, 2024 AS THE RESULT OF A COMPLAINT REGARDING A STRUCTURE FIRE.

THERE ARE NO ACTIVE TRADE PERMITS FOR THIS PROPERTY RELATED TO THE SIDED VIOLATIONS.

THE STR UH, THE COMMERCIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS 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 POSTINGS, AND A FIRE INCIDENT REPORT.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H IN THE RECOMMENDED ORDER CODE.

INSPECTOR LATASHA PATERNO IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.

INSPECTOR PATERNO, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING COMMISSIONERS.

MY NAME IS NATASHA PATERNO AND I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE.

CAN HEAR ME NOW? OKAY.

GOOD EVENING, COMMISSIONERS.

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 COMMERCIAL PROPERTY LOCATED AT 49 17 SOUTH CONGRESS.

THE OWNER OF RECORD HAS BEEN IDENTIFIED AND CONFIRMED THROUGH THE TRAVIS CENTRAL APPRAISAL DISTRICT AS 48 11 SOCO LP WITH AN ADDRESS HERE IN AUSTIN.

ON FEBRUARY 27TH, 2024, I RECEIVED A COMPLAINT FROM THE AFOREMENTIONED PROPERTY FROM AUSTIN 3 1 1 FOR A FIRE DAMAGED PROPERTY ON THE SAME DATE.

INSPECTOR WESLEY INSPECTED THE PREMISES, FINDING THE MAIN ENTRANCE TO THE VACANT WAREHOUSE, OPEN AND ACCESSIBLE.

AFTER THE INTERIOR PREMISES WAS CLEAR BY A PD INSPECTOR WESLEY WAS ABLE TO OBSERVE AN INTERIOR WITH SMOKE DAMAGE ALONG THE CEILING AND DOORS AND BROKEN WINDOWS ALONG THE SIDE OF THE PROPERTY.

AT THE CONCLUSION OF HIS INITIAL INSPECTION, THE MAIN ENTRANCE WAS BOARDED AND SECURED.

ON FEBRUARY 29TH, I CONDUCTED A FOLLOW-UP IN INSPECTION AND OBSERVED FIRE DAMAGE ALONG THE ROOF LINE AND AROUND THE REAR DOOR.

THE REAR ENTRANCE OF THE PROPERTY WAS NOT ACCESSIBLE FOR PUBLIC ENTRY BECAUSE OF A SECURE GATE MANAGED BY THE NEIGHBORING BUSINESS.

WITH THEIR ASSISTANCE, I GAINED ACCESS TO THE REAR OF THE PROPERTY AND ARRANGED FOR THE CITY CONTRACTOR TO PROPERLY SECURE THE REAR DOORS TO THE WAREHOUSE.

A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE VIOLATIONS TIMELINE FOR COMPLIANCE AND SUGGESTED REMEDY.

A REVIEW OF THE A FD FIRE REPORT INDICATED THAT UPON ARRIVING TO THE MULTI-STORY COMMERCIAL BUILDING, THE FIRE WAS NOT TENABLE AND THE STRUCTURE STABILITY WAS QUESTIONABLE, RESULTING IN MEMBERS INSIDE THE STRUCTURE BEING CALLED OUT, THE STRATEGY BEING CHANGED TO DEFENSIVE AND A SECOND ALARM REQUESTED MEMBERS ATTEMPTED TO ADDRESS THE FIRE THROUGH THE SOFFIT, ACKNOWLEDGING A SAGGING OF THE ROOF, UNABLE TO ACCESS THE FIRE THROUGH THE SOFFIT, THE ROOF WAS CUT AND THE FIRE EXTINGUISHED THROUGH THE ROOF AND A BROKEN WINDOW.

FROM MARCH THROUGH JULY, I CONDUCTED MONTHLY INSPECTIONS AND DOCUMENTED THOSE CONDITIONS REMAINED THE SAME.

IN ADDITION, CHECKS OF THE AMANDA PERMITTING SYSTEM INDICATED NO PENDING PERMITS.

ON JULY 31ST, I RECEIVED AN EMAIL FROM MS. SHERRY GORDON IDENTIFYING HERSELF AS THE INFRASTRUCTURE MANAGER FOR THE PROPERTY.

MS. GORDON STATED THAT SHE WAS ACTIVELY SEEKING TO HAVE THE PROPERTY DEMOLISHED.

I EXPLAINED THE PERMITTING PROCESS AND INFORMED HER OF MY INTENTIONS, INTENTIONS TO BRING THE PROPERTY BEFORE THIS COMMISSION.

SHE STATED THAT SHE WOULD CONTINUE HER PURSUIT FROM JULY THROUGH CURRENT.

I HAVE CONTINUED MONTHLY INSPECTIONS AND HAVE OBSERVED THAT ALTHOUGH THE PROPERTY REMAINS SECURE, THE ROOF OF THE PROPERTY IS APPEARING TO PULL AWAY.

A RECENT CHECK OF THE AMANDA PERMITTING SYSTEM INDICATED NO ACTIVE OR PENDING PERMITS.

I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.

I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

EXHIBIT TWO A IS, UH, THE SIDE OF THE PROPERTY ALONG CONGRESS AVENUE AND YOU COULD SEE ONE OF THE WINDOW, WELL, THE UM, GLASS BLOCK WINDOW HAS BEEN BROKEN OUT.

NEXT PHOTO EXHIBIT TWO C AND TWO B.

WELL, TWO B AND TWO C ARE THE FRONT OF THE PROPERTY.

SO THIS IS WHAT, UH, INSPECTOR WESLEY SAW WHEN HE FIRST, UM, WENT TO THE PROPERTY.

SO YOU CAN SEE IT'S SUCCESSFUL TO THE PEOPLE.

AND EXHIBIT TWO C IS AFTER HE HAD THE PROPERTY BOARDED.

NEXT PHOTO

[00:45:01]

EXHIBIT 2D IS A CLOSEUP OF THE WARNING DANGEROUS CONDITIONS RESULTING FROM THE FIRE POSTED BY INSPECTOR WESLEY.

NEXT PHOTO EXHIBIT TWO E IS THE REAR OF THE PROPERTY AND YOU CAN SEE ALONG THE ROOF AND SOFFIT LINE AND, UH, AROUND THE DOOR, THE SMOKE DAMAGE FROM THE PROPERTY.

NEXT PHOTO EXHIBIT TWO F IS JUST A CONTEXTUAL OF THE FRONT.

NEXT PHOTO, EXHIBIT TWO G.

YOU CAN SEE, UM, THE SECOND STORY WHERE THE BUILDING IS PAINTED WHITE.

YOU CAN SEE SOME OF THE SMOKE DAMAGE FROM THE FIRE.

NEXT PHOTO EXHIBIT TWO H YOU CAN SEE WHERE THERE ARE HOLES IN THE ROOF.

WITH THIS I CONCLUDE MY PRESENTATION OF 49 17 CONGRESS AND STRUGGLING.

WE 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 ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.

STAFF HAS 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 H.

STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.

B, CORRECT ALL VIOLATIONS CITED 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 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 $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU FOR YOUR PRESENTATION.

I BELIEVE THAT WE HAVE REPRESENTATIVES OF THE PROPERTY, UM, CALLING ONLINE.

UM, SO IF YOU ARE CALLING ON BEHALF OF THIS PROPERTY AT 4 9 17 CONGRESS AVENUE, IF YOU COULD UNMUTE, UM, AND CONFIRM THAT YOU ARE HERE.

UM, I HAVE ON THE, UH, SPEAKER'S LIST A WILL HARDIMAN, ARE YOU ONLINE? UH, WILL HARDIMAN IF YOU ARE ONLINE, COULD YOU UNMUTE? I THINK IT'S STAR SIX TO UNMUTE.

UM, THIS, THIS IS JUSTIN BAIN.

I'M ONLINE.

SORRY, COULD YOU REPEAT THAT? UH, THIS IS JUSTIN BAIN.

I'M A MANAGER OF THE PROPERTY.

THANK YOU MR. BAIN.

UM, I HAVE YOU ON THE SPEAKER'S LIST.

ARE THE OTHER TWO, UH, UH, THE OWNERS, UH, WILL HARDIMAN AND SHERRY GORDON ALSO GOING TO BE ATTENDING? UM, I BELIEVE I, I I THOUGHT THEY WERE ON, I THINK WE HAD A LITTLE BIT OF A MIX UP.

UM, TRYING TO LOG IN TO THE I'M ON IN ORDER TO BE ABLE TO, OH, THERE WE GO.

UH, WHO, WHO WAS THAT THAT JUST SAID ON, I DID SHERRY GORDON.

OH, UH, MS. GORDON.

THIS IS SHERRY GORDON.

FANTASTIC.

AND IS THE LAST PERSON WILL HARDIMAN ALSO ON I THINK THAT, WELL, HE WAS, HE HE'S THE HE JUST SENT ME A TEXT SAYING THAT HE'S, THAT IT, HE IS NOT GIVING HIM THE ABILITY TO UNMUTE.

UM, TYPICALLY IT'S STAR SIX IS THE WAY TO UNMUTE.

I DON'T KNOW IF THERE'S A FURTHER PROBLEM BEYOND THAT.

HERE WE ARE.

OH, FANTASTIC.

IS THAT WILL HARDIMAN? YEAH.

YES, THIS IS WILL HARDIMAN.

ALRIGHT, AND JUST BEFORE I, UH, OPEN IT UP TO Y'ALL, I JUST WANNA CONFIRM, WERE Y'ALL SWORN IN WHEN I ASKED EVERYONE TO SWEAR IN EARLIER? YES.

VERIFIED THAT THERE'S ACTUALLY ANY, UM, THE STRUCTURE'S BEEN COMPROMISED? 'CAUSE IT IS A CINDER BLOCK BUILDING.

FANTASTIC.

YES, YES.

IN THAT CASE, UM, YOU HAVE, BEFORE YOU GO INTO YOUR AFFIRMATIVE TESTIMONY, I'D LIKE TO GIVE YOU THE OPPORTUNITY TO ASK, UM, THE CITY ANY QUESTIONS THAT YOU HAVE ABOUT THE PRESENTATION THAT WAS JUST GIVEN TO COMMISSIONERS.

UM, IF YOU HAVE THOSE QUESTIONS, UH, PLEASE ASK THEM NOW.

UM, SO THE, THE CODE VIOLATION OF FIRE DAMAGE, UM, YOU KNOW, THE, THE BUILDING IS, IT WAS SECURE.

I BELIEVE IT, IT MAY HAVE BEEN BROKEN INTO, BUT I'M NOT SURE.

UM, BUT, UM, UH, IS, HAS IT BEEN

[00:50:01]

UM, I THINK THERE IS SOME FIRE LOOKED LIKE THERE WAS SOME, UH, SMOKE DAMAGE, BUT, UM, YOU KNOW, UH, THERE A METAL AND CINDER BLOCK BUILDING, UH, IS, IS NOT AS, UH, SUSCEPTIBLE TO THINGS LIKE THAT.

UH, I THINK SO.

WOULD YOU LIKE TO SPEAK TO, TO THAT? OH YEAH.

IS, IS ANY, HAS ANYONE VERIFIED THAT THE STRUCTURE HAS BEEN COMPROMISED, UH, WITH AN ENGINEER? I BELIEVE AS NOTED IN YOUR NOTICE OF VIOLATION, I VIOLATED YOU FOR THE ROOF, WHICH EVEN TODAY YOU CAN TELL THAT THE ROOF HAS BEEN CUT OPEN AND IT REMAINS OPEN.

UH, I HAVE NOT NOTICED ANY STRUCTURAL DAMAGE IN TERMS OF THE WALLS.

HOWEVER, I AM NOT A STRUCTURAL ENGINEER, AND THAT IS SOMEONE THAT YOU WOULD NEED TO HIRE TO VERIFY THAT.

THANK YOU FOR SPEAKING TO THAT INSPECTOR TANO.

UM, DO YOU HAVE ANY OTHER QUESTIONS? SURE.

SO WE, WE HAVE A HOLE IN THE ROOF.

YEP.

WELL, UH, SO WHAT, WHAT EXACTLY IS IT THAT IS REQUIRED TO COME INTO COMPLIANCE? UM, IT JUST SAYS ON THE, UH, AGENDA TO REPAIR FIRE DAMAGE, AND I'VE BEEN THROUGH THE BUILDING.

UM, YEAH, I MEAN, THERE'S, THERE'S SOME SOOT ON THE WALLS, BUT AS FAR AS THE STRUCTURE AND THE, THE, UM, INTEGRITY, UH, IT'S, IT DOESN'T APPEAR THAT ANYTHING HAS CHANGED.

UM, IN THAT, THAT REGARD.

EVERYTHING IS CLEARLY DENOTED IN YOUR NOTICE OF VIOLATION.

SPECIFICALLY, UM, STRUCTURE MAINTENANCE FOR THE ROOF AND DRAINAGE.

UH, YOU HAVE A VACANT STRUCTURE, UH, ON LAND AND YOUR DOORS, INCLUDING THE WINDOWS, SKYLIGHT, AND DOOR FRAMES.

AGAIN, EVERYTHING IS CLEARLY DENOTED TO YOU INDICATING WHAT THE VIOLATION IS.

WHEN THE VIOLATION WAS NOTED, YOUR TIMEFRAME FOR COMPLIANCE AND A RECOMMENDED RESOLUTION WAS POSTED AND SENT TO YOU, UH, VIA CERTIFIED MAIL.

WELL, UH, THANK YOU FOR, UH, YOU KNOW, UH, NOTIFYING US.

I, I, DUE TO THE INEFFICIENCY OF, OF HOW THINGS GET TO ME SOMETIMES, THEY DON'T ALWAYS GET TO ME IN A TIMELY MANNER.

AND, UH, SO THIS IS THE FIRST TIME I'M EVER REALLY HEARING ABOUT THIS AND HAVING TO ADDRESS IT.

UM, I THINK THAT, UM, IF YOU GUYS COULD JUST CALL ME ON MY CELL PHONE, YOU HAVE MY NUMBER UP HERE ON THE TELEPROMPTER, UH, AT, YOU KNOW, 5 1 2 4 1 7 8 8 0 2.

YOU CAN JUST ASK ME TO DO ANY OF THESE, THESE THINGS AND I'LL PROBABLY HAVE 'EM FIXED IN ABOUT A WEEK.

SO, UM, IT, IT SOUNDS LIKE YOU MIGHT NOT HAVE ANY MORE SPECIFIC QUESTIONS FOR, UH, THE CITY AND THEIR PRESENTERS.

UM, I I, IF YOU WOULD LIKE TO, I CAN JUST ASK YOU TO GIVE YOUR, UH, PRESENTATION AND, AND, UM, UH, YOU KNOW, ANYTHING THAT YOU WOULD LIKE TO SAY TO THE COMMISSION AT THIS TIME? SURE.

UH, I GUESS I NEED TO, TO SEE THE, THE, THE NOTICE OF ALL THE DIFFERENT REMEDIES, UM, UH, TO, TO FIX THIS BUILDING.

BUT ON THE AGENDA IT JUST SAYS REPAIR, FIRE DAMAGE.

AND, UM, AND, AND I, AND MY QUESTION IS, IN WHAT REGARD DO YOU WANT ME TO REPAIR FIRE DAMAGE? IT LOOKS LIKE THERE'S A HOLE IN THE ROOF, AND SO I FIXED THAT AND THAT'S IT.

IS THAT CORRECT? UH, I BELIEVE INSPECTOR PITINO MENTIONED OTHER VIOLATIONS.

UH, IF YOU WOULD LIKE TO SPEAK TO THAT, YOU HAVE FOUR VIOLATIONS THAT ARE SPECIFICALLY STIPULATED IN THE NOTICE OF VIOLATION.

AGAIN, IT WAS MAILED WITH CERTIFIED MAIL TO THE OWNER OF RECORD, ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT.

IN ADDITION, IT WAS POSTED ON THE PROPERTY.

FOR ANYONE WHO COMES TO CHECK ON THE PROPERTY REGULARLY WOULD'VE SEEN THE NOTICE.

MY INFORMATION IS ALSO INCLUDED ON THAT NOTICE.

AND AT ANY GIVEN TIME, THE SAME WAY MS. GORDON DID, YOU COULD HAVE REACHED OUT TO ME AND I COULD HAVE, UH, ENSURED THAT YOU GOT A COPY IF HE WAS NOT, UM, PASSED ON TO YOU FROM YOUR PEOPLE.

SURE.

WELL, I, I WILL SAY THIS AND I HATE TO BE INFORMAL ABOUT IT, BUT I WILL, I, I WILL HAPPILY, UM, COMPLY AND FIX ALL THESE THINGS THAT YOU'RE ASKING ME TO FIX.

UM, BUT THIS IS THE FIRST TIME I'M HEARING OF THIS IN THIS PUBLIC HEARING.

SO I AM, I'M GONNA GO DIG, DIG INTO ALL THESE THINGS AND, UM, AND SEE WHAT, WHAT IT IS THAT, UH, YOU GUYS NEED TO SEE AND, UH, AND WE WILL FIX IT.

TESTIMONY, UM, I WOULD OPEN IT UP TO MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS OF EITHER THE CITY OR THE PROPERTY OWNER.

UM, IF THAT CONCLUDES YOUR AFFIRMATIVE

[00:55:01]

ANYONE? ALL RIGHT.

SEEING NONE, I WOULD ENTERTAIN ANY MOTIONS.

UH, MADAM CHAIR, MOVE TO CLOSE THE PUBLIC HEARING.

COMMISSIONER FRANCIS HAS MOVED TO CLOSE THE PUBLIC.

SORRY, CHAIR.

CAN WE ADMIT THE EXHIBITS? OH, UM, SORRY.

BEFORE WE CLOSE THE PUBLIC PORTION OF THE HEARING, I HAVE JUST BEEN REMINDED TO ADMIT THE EXHIBITS FOR THIS AGENDA ITEM.

SO WITH THAT, I WOULD LIKE TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO H, AND WITH THOSE BEING ADMITTED, I WOULD RETURN TO COMMISSIONER FRANCIS' MOTION.

UM, SORRY, WAS THERE A SECOND ON THAT, ON THE MOTION TO CLOSE THE PUBLIC HEARING? I SECOND, UH, WAS THAT COMMISSIONER SOCAL? ALL RIGHT.

UM, IN THAT CASE, ON THE MOTION OF COMMISSIONER FRANCIS TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER SOCAL.

UM, ALL THOSE IN FAVOR? AYE.

AND COMMISSIONER STOAT SECOND.

ALL THOSE OPPOSED? HEARING NONE.

THE MOTION PASSES.

UH, THE PUBLIC PORTION OF THE HEARING IS OVER.

UM, FOR THE FOLKS ON THE PHONE, UM, I'D LIKE TO ASK YOU TO JUST STAY ON THE COMMISSIONERS MIGHT HAVE FURTHER QUESTIONS FOR YOU, BUT WE'RE GOING TO MOVE INTO DELIBERATIONS OVER THE PROPOSED ORDER, SO JUST STAY ON THE LINE SO YOU CAN HEAR THAT.

AND ALSO, UM, BE AVAILABLE FOR QUESTIONS.

BUT THIS CONCLUDES THE AFFIRMATIVE PORTION OF YOUR TESTIMONY.

UM, AT THAT TIME, I WOULD LIKE TO RECOGNIZE ANY, UH, COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION.

UH, COMMISSIONER SIG, I MOVE TO ADOPT THIS TASK.

PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.

SECOND, UH, COMMISSIONER SELIG MOVES TO ADOPT THE RECOMMENDED ORDER.

IS THERE ANY DISCUSSION ON THE MOTION ON THE TABLE? SEEING NONE, I WOULD MOVE INTO A ROLL CALL, VOTE FOR THE PROPOSED MOTION.

UM, AGAIN, THE MOTION IS TO ADOPT STAFF'S PROPOSED FINDINGS, FACTS, AND CONCLUSIONS OF LAW.

UM, I'LL GO DOWN THE LIST.

UH, COMMISSIONER SOCAL AYE.

COMMISSIONER SOL VOTES? AYE.

COMMISSIONER SIG AYE.

COMMISSIONER FRANCIS AYE.

COMMISSIONER, UH, OLUGO AYE.

AND COMMISSIONER STOAT AYE.

THE MOTION PASSES UNANIMOUSLY.

ALSO VOTE AYE.

A COPY OF THE ORDER WILL BE MAILED TO YOU WITHIN 10 DAYS.

UM, AT THIS TIME YOU ARE FREE TO GET OFF THE PHONE.

UM, AND THANK YOU FOR COMING TONIGHT.

THE AGENDA IS CASE NUMBER CL 2 0 2 4 DASH 0 7 6 7 43 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 8 1 7 SUSSEX DRIVE.

ITEM NUMBER FOUR ON

[4. Case Number: CL 2024-076743]

THE EXHIBITS CAN BE FOUND IN THE YELLOW 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.

THE CASE WAS OPENED IN APRIL, 2024 AS THE RESULT OF A COMPLAINT.

THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.

THIS PROPERTY IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH CONDITIONS THAT 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 IN 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 POLICE ACTIVITY REPORT.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H IN THE RECOMMENDED ORDER CODE.

INSPECTOR ROMAN LOPEZ IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.

INSPECTOR LOPEZ, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, COMMISSIONERS.

MY NAME IS ROMAN LOPEZ.

I'M AN INSPECTOR OF THE DEPARTMENT OF DEVELOPMENT OR DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE.

THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT EIGHT 17 SUSSEX DRIVE.

THE OWNER OF RECORD HAS BEEN IDENTIFIED AS MICHAEL HEISER ON APRIL 25TH, 2024.

I RECEIVED

[01:00:01]

A COMPLAINT FOR THIS PROPERTY LOCATED AT EIGHT 17 SUSSEX DRIVE.

ON JUNE 27TH, 2024.

I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.

THE ROOF WAS NOT SOUND, IT HAD A, A TARP OVER PART OF THE ROOF TO ATTEMPT TO KEEP THE RAIN OUT.

I OBSERVED A CAT DISAPPEAR INTO THE, INTO A HOLE IN THE ROOF.

THE ROOF HAD ROTTING WOOD AND A TREE WAS GROWING AGAINST THE STRUCTURE PRESSING AND DAMAGING.

THE STRUCTURE WAS ABANDONED AND NEGLECTED.

ALL OF THESE DEFICIENCIES ARE VIOLATIONS OF INTER INTER OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND I DOCUMENTED THEM THE NOTICE OF VIOLATION FOR THIS CASE.

A NOTICE OF VIOLATION WAS MAILED TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATIONS.

ON JUNE 27TH, 2024, I PERFORMED FOLLOW UP INSPECTIONS AND OBSERVED THAT THE STRUCTURE VIOLATIONS HAD NOT BEEN CORRECTED.

THEY, THEY REMAINED THE SAME.

NO WORK HAD BEEN PERFORMED ON THE ROOF.

I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.

I WILL NOT PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPLETED.

THIS PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY.

NEXT PHOTO.

THIS PHOTO TWO B IS THE LEFT SIDE OF THE PROPERTY ABOVE THE GARAGE.

YOU CAN SEE THE ROTTING WOOD AND THE DILAPIDATING ROOF.

NEXT PHOTO, I'M SORRY.

PHOTO TWO C IS A CLOSEUP OF THE ROTTING WOOD AND THE DILAPIDATING ROOF ABOVE THE GARAGE.

NEXT PHOTO, PHOTO 2D IS THE RIGHT SIDE OF THE STRUCTURE WITH THE ROTTING WOOD AND THE DILAPIDATING ROOF.

YOU CAN SEE WHERE IT'S MISSING THE SHINGLES.

PHOTO TWO E.

NEXT PHOTO, PHOTO TWO E.

THIS IS A, A VIEW OVER THE PATIO PORTION.

ON THE RIGHT SIDE OF THE STRUCTURE, YOU CAN SEE THE DILAPIDATING ROOF AND THE MISSING, UH, SHINGLES.

NEXT, THIS IS PHOTO TWO F.

IT'S A CLOSEUP OF THE TREE GROWING INTO THE STRUCTURE AND DAMAGING THE HOUSE.

NEXT PHOTO, PHOTO TWO G IS THE REAR LEFT SIDE OF THE STRUCTURE, AGAIN SHOWING THE DILAPIDATED ROOF.

NEXT PHOTO, THIS PHOTO TWO H.

IT'S A CLOSEUP OF THE SAME, UH, OF THE LEFT SIDE OF THE ROOF OF THE REAR.

AND IT'S SHOWING THE DILAPIDATED ROOF AS WELL.

IN CONCLUSION, IT IS IMPORTANT TO NOTE THAT THIS CASE ORIGINATED FEBRUARY 12TH, 2019 FROM A THREE ONE ONE ANONYMOUS PHONE CALL.

PHOTOS TAKEN ON FEBRUARY 14TH, 2019 SHOW THE ROOF WAS NOT SOUND ON THAT DATE AND THE FIRST NOTICE OF VIOLATION WAS CREATED AND SENT ON NOVEMBER 28TH, 2022.

AN ADMINISTRATIVE CITATION WAS ISSUED FOR THE STRUCTURE VIOLATIONS.

THE CITATION WAS PAID IN LIEU OF OF COURT ON DECEMBER 28TH, 2022.

ON MAY 11TH, 2023, A BUILDING PERMIT WAS REACTIVATED AND SHOWED ACTIVE UNTIL OCTOBER 24TH, 2024.

THIS PERMIT IS NOW EXPIRED.

I'VE SPOKEN TO MR. HEISER ON SEVERAL OCCASIONS.

LAST TIME WAS AUGUST 13TH, 2024.

I ATTEMPTED TO REACH MR. HEISER ON SEPTEMBER 3RD AND OCTOBER 2ND TO ADVISE HIM OF THIS, UH, THE ESCALATION TO THE BUILDING AND STANDARDS COMMISSION.

BUT I HAVE NOT RECEIVED ANY RESPONSE.

THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE FOR TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.

STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.

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.

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 $210 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 PRESENTATION.

EXAMINE, UM, THE STAFF PRESENTERS, UH, WITH THE CITY.

UM, AT THIS TIME I WOULD RECOGNIZE THE PROPERTY OWNER, UH, MR. HEISER.

UM, IF YOU WOULD LIKE TO ASK ANY, I'M GOING TO INVITE YOU FIRST TO CROSS

[01:05:01]

UM, I WOULD JUST RECOMMEND THAT YOU RESTRICT THIS ONLY TWO QUESTIONS, UM, AND THEN WE CAN MOVE INTO YOUR AFFIRMATIVE TESTIMONY AFTER THAT.

UH, DO YOU HAVE ANY QUESTIONS FOR THE CITY AT THIS TIME? SORRY.

SO YOU'RE SAYING YOU MISUNDERSTANDING ARE, ARE YOU MISUNDERSTANDING THE STAFF PRESENTATION OR, UM, AT, AT THIS MOMENT I'M ASKING IF YOU HAVE ANY QUESTIONS YOU'D LIKE TO ASK OF THE STAFF.

UM, IN THAT CASE, YOU'RE MORE THAN WELCOME TO, UM, BEGIN YOUR AFFIRMATIVE TESTIMONY AND YOU CAN TELL THE COMMISSION WHATEVER YOU WOULD LIKE AT THIS TIME.

TESTIMONY.

I JUST BASICALLY WANT TO FIND OUT WHERE I AM WITH THE, WITH THE CITY CODE AND THEN I'LL MOVE ON FROM THERE.

SO IF WITH THE RECOMMENDATION, IF, UH, I'M FINE WITH THAT.

UM, I BELIEVE WE ALSO HAVE TWO OTHER SPEAKERS WHO ARE WANTING TO SPEAK ABOUT THIS PROPERTY.

UM, YOU COULD JUST DO THAT NOW.

UM, I WOULD NOW RECOGNIZE OTHER, UM, PEOPLE SPEAKING ON THIS PROPERTY.

UM, I CAN START WITH EITHER OF Y'ALL IF YOU ARE BOTH, UH, SPEAKING, BUT OTHERWISE I'LL START WITH HEATHER MASSENBURG.

YOU GOT IT RIGHT.

PERFECT.

GOOD EVENING.

THANK YOU FOR HAVING US.

MY NAME'S HEATHER MASSENBURG.

I LIVE AT EIGHT 19.

SUSPECTS DRIVE DIRECTLY NEXT DOOR TO THE PROPERTY IN QUESTION.

THERE HASN'T BEEN ANYONE LIVING THERE FOR AT LEAST FIVE YEARS.

THE ROOF IS DAMAGED OVER PORTIONS OF THE HOUSE MAKING ACCESS THROUGH THE ROOF POSSIBLE FOR ANIMALS AND PEOPLE, AND THE REST IS COVERED WITH TARPS.

THERE'S ALSO A BROKEN WINDOW IN THE BACK OF THE HOUSE.

THE HOUSE IS, THAT CURRENTLY STAND IS UNSECURED EVEN IF THE WINDOW IS REPLACED UNTIL THE ROOF DECKING IS REPLACED BECAUSE YOU CAN GO STRAIGHT FROM THE BOARDS ON OR THE TARPS ON THE ROOF INTO THE HOUSE.

THERE ARE ANIMALS AND PEOPLE WHO HAVE DONE IT.

I'VE WATCHED IT.

THERE IS A BREAK IN DECEMBER, 2023.

UH, THEY BROKEN THROUGH THE ROOF USING MY EXTENSION LADDER, WHICH WAS LAYING IN MY BACKYARD THROUGH A CHAIN RIGHT NEXT TO A CHAIN LINK FENCE.

THE POLICE WERE CALLED AND CAME OUT.

THE REASON I'M HERE IS 'CAUSE I'M CONCERNED ABOUT THE SAFETY.

WE LIVE IN A RESIDENTIAL NEIGHBORHOOD.

THIS IS DIRECTLY NEXT DOOR TO ME.

THE HOUSE APPEARS ABANDONED AND TRACKS UNWANTED ATTENTION.

I DON'T WANNA WORRY ABOUT GOING OUTSIDE AT NIGHT OR IN THE MORNING WHEN I GO TO WORK.

IT'S NOT ALWAYS LIGHT WITH WINTER COMING.

I'M VERY CONCERNED WITH HOMELESS PEOPLE POSSIBLY MOVING IN AND STARTING A FIRE TO STAY WARM.

THE HOUSES ON EITHER SIDE OF THIS, OF THIS ONE, ONE OF WHICH IS MINE, ARE VERY CLOSE TOGETHER AND A FIRE COULD VERY EASILY SPREAD BETWEEN THEM.

IT'S A RESIDENTIAL NEIGHBORHOOD.

THANK YOU FOR YOUR TESTIMONY.

UM, I WOULD LIKE TO RECOMMEND OUR OTHER SPEAK AND, UH, RECOGNIZE OUR OTHER SPEAKER, UM, GEORGE VANCE MCGEE.

YEP.

THANK YOU FOR HAVING ME.

MY NAME IS GEORGE VANCE MCGEE.

I'M A OWNER AND, AND A NEW FAMILY MAN AT 8 2 8 SUSSEX DRIVE.

I, I TESTIFIED JUST AS A CONCERNED NEIGHBOR.

UM, THE, THE PROPERTY I THINK ON, ON TCAD SAYS IT'S A, A HOMESTEAD, BUT THE PROPERTY IS NOT HABITABLE AT ALL.

UH, IN MY HUMBLE OPINION, IT LOOKS CONDEMNABLE.

UM, AND, AND I WISH THAT IT WOULD BE DEMOLISHED.

UH, MAINLY FOR SAFETY FACTORS.

UH, IT'S AN IMPROVING NEIGHBORHOOD.

IT'S A DIVERSE NEIGHBORHOOD.

THERE ARE A LOT OF FAMILIES IN THE NEIGHBORHOOD, INCLUDING MYSELF, DAUGHTERS, KIDS, AND PEOPLE THAT CARE ABOUT IT.

AND THERE IS, THERE IS SOME VAGRANT AND HOMELESS ISSUES AND, UM, I'M, I'M, I'M AFRAID THAT IT'S GONNA ATTRACT, UM, THAT TYPE OF CROWD.

AND SO MAINLY FOR THE SAFETY ISSUES, FIRE AND, UH, THE GENERAL WELLBEING.

UM, IN THE ABOUT THREE YEARS THAT I'VE LIVED IN THE NEIGHBORHOOD, I'VE SEEN ABSOLUTELY ZERO IMPROVEMENTS ON THE PROPERTY.

ZERO.

THE CODE WORKERS HAVE COME OUT AND DONE THEIR JOB AND THEY'VE LOOKED AT IT, THEY'VE PUT UP STAKES IN THE YARD, THEY'VE MADE EFFORTS AND THEN NOTHING HAPPENS AND THEN IT GOES AWAY AND THEN IT JUST LINGERS.

AND IT'S BEEN LINGERING FOR FOUR OR FIVE YEARS.

AND I TALKED TO HEATHER ON THE WAY HERE

[01:10:01]

AND SHE THINKS IT'S BEEN SIX YEARS.

SO IT'S BEEN A LINGERING PROBLEM AND, UM, IN MY OPINION IT SHOULD BE DEMOLISHED AND, AND, UH, AND THAT WOULD MAKE THE NEIGHBORHOOD SAFER.

THANK YOU FOR YOUR TIME.

THANK YOU FOR YOUR TESTIMONY.

UM, JUST BEFORE WE CONTINUE, I'VE BEEN REMINDED TO ADMIT EXHIBITS, UM, TWO, UH, ONE AND TWO A THROUGH TWO H.

PROMISE.

I WILL GET BETTER AT THAT , BUT, UH, YES, AT THIS TIME IT SURE.

I THINK SOMEONE, UH, IS ON THE PHONE TOO.

YES, YOU MAY BE CORRECT.

UM, LISA WHITAKER? YES.

UH, LISA WHITAKER, ARE YOU ON THE PHONE? IF YOU ARE, WE CAN'T HEAR YOU.

IF YOU PRESS STAR SIX, THAT UNMUTES ONCE AGAIN, IF THERE'S A LISA WHITAKER ON THE PHONE, IF YOU PRESS STAR SIX, IT WILL UNMUTE.

OH, CAN, CAN YOU HEAR ME NOW? YES, WE CAN HEAR YOU.

, MY NAME IS LISA WHITAKER AND I LIVE AT EIGHT 15 SU SUSPECT.

I LIVE ON THE OTHER SIDE OF THIS, THIS PROPERTY, IT HAS BEEN ABANDONED FOR AT LEAST FIVE YEARS WITH HOLES IN THE ROOF, GRATS BREAKING INTO THE HOUND.

THAT'S THE STRUCTURE.

IT'S NOT A HOME.

ANIMALS GO IN AND OUT AT WILL.

I TOO AM AFRAID TO GO OUT INTO MY OWN BACKYARD AT NIGHT BECAUSE I DON'T KNOW IF THOSE ARE ANIMALS OVER THERE OR PEOPLE THAT MY DOGS ARE BARKING AT.

IT IS NOT SAFE.

I'M VERY AFRAID OF FIRE WHEN HOME BECAUSE HOMELESS PEOPLE HAVE FOUND IT, HAVE FOUND IT.

I'M A, I'M AFRAID THAT THEY ARE GOING TO TRY TO BE WARM IN THE WINTERTIME AND CAUSE A FIRE.

THE TREE THAT THE INSPECTOR MENTIONED, I HAVE HAD BRANCHES, BIG BRANCHES OF THAT TREE CUT DOWN BECAUSE THEY WERE OVERHANGING ON MY PROPERTY.

IT'S THAT THAT TREE IS, IS IN TERRIBLE CONDITION AND IT'S GONNA FALL DOWN.

I AM, THE STRUCTURE IS NOT JUST AN EYESORE, IT'S A, A HAZARD.

IT'S A SAFETY HAZARD TO EVERYBODY IN THE NEIGHBORHOOD FOR SEVERAL REASONS.

THANK YOU FOR YOUR TIME.

THANK YOU MS. WHITAKER.

UM, THANK YOU TO EVERYONE WHO IS SPEAKING ON BEHALF OF THIS.

UH, AND IN REGARDS TO THIS AGENDA ITEM, UM, I BELIEVE AT THIS TIME IF THE CITY, UH, STAFF WOULD LIKE TO ASK ANY QUESTIONS OF THE PROPERTY OWNER OR OTHER, UM, SPEAKERS.

NO QUESTIONS.

IN THAT CASE, UM, THE AFFIRMATIVE PORTION OF Y'ALL'S TESTIMONY HAS BEEN CONCLUDED AND I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS THAT THEY WOULD LIKE.

COMMISSIONER SEK, I HAVE A QUESTION FOR THE INSPECTOR.

ARE THERE, UM, DOES THE CITY OF AUSTIN ELECTRIC UTILITY HAVE A CONNECTION THERE? DO ARE THERE, ARE THERE, IS THERE ELECTRICITY COMING INTO THE HOUSE? NO, SIR, THERE'S NOT.

AND THERE'S NO, IS THERE WATER COMING INTO THE HOUSE? UH, I DIDN'T CHECK ON THE WATER, BUT THERE IS NO ELECTRICITY.

THERE'S NO POWER.

AND IS THERE NATURAL GAS COMING IN OR IS THIS JUST AN ALL ELECTRIC HOME? I WAS ONLY ABLE TO CHECK FOR THE ELECTRICITY.

BUT THERE IS NO POWER.

I I DON'T THINK THEY'LL TURN ON THE GAS WITHOUT THE ELECTRICITY.

WHAT IS CURRENTLY THE BARRIER FOR YOU GETTING THIS PROPERTY FIXED? SORRY.

COMMISSIONER FRANCIS, UH, FOR THE OWNER, MR. HEISER, DID I HEAR YOU CORRECTLY EARLY ON, YOU SAID YOU DIDN'T HAVE ANY QUALMS WITH THE STAFF'S PROPOSAL, IS THAT CORRECT? YOU SAID YOU WERE OKAY WITH WHAT THE STAFF WAS PROPOSING TO, TO RECTIFY THE PROBLEM AT THE PROPERTY.

DID, DID WE UNDERSTAND YOU CORRECTLY? I, I BELIEVE I'LL, I'LL ACCEPT WHATEVER THE RECOMMENDATION IS.

OKAY, THANK YOU.

IF ANYONE WOULD LIKE TO ASK ANY MORE QUESTIONS, THEY CAN BE RECOGNIZED.

OTHERWISE I HAVE A FEW OF MY OWN.

UM, I WANTED TO ASK THE PROPERTY OWNER, UM,

[01:15:01]

UM, YOU JUST TURNED THE MIC OFF.

COULD YOU JUST PRESS THAT BUTTON ONE MORE TIME THERE? IT'S WORKING NOW.

THANKS.

SO IT, IT IS PARTLY FINANCIAL AND, AND, UM, SO THIS IS, I MEAN, I'M OKAY WITH THE ORDER.

I MEAN, I BASICALLY DECIDED THAT I AM GONNA DEMOLISH THE HOUSE.

I DON'T THINK IT CAN BE RENOVATED COST EFFECTIVELY, AND SO I WANT TO START THE PROCESS TO DEMOLISH IT.

UM, THANK YOU FOR THAT CLARIFICATION.

UM, JUST IN LIGHT OF THAT, OUR, OUR CURRENT ORDER WOULD BE TO REPAIR, BUT I BELIEVE, UM, AND, UH, DIVISION MANAGER ROBERT MOORE COULD PERHAPS SPEAK TO THIS MORE THAT DEMOLITION WOULD BRING YOU INTO COMPLIANCE WITH THIS ORDER.

IS THAT CORRECT? THAT'S CORRECT.

SO IF WE DO MAIL OUT THIS ORDER, OR PERHAPS AN AMENDED VERSION OF IT, I DO JUST WANNA BE CLEAR THAT DEMOLITION WOULD STILL BRING YOU INTO COMPLIANCE EVEN THOUGH IT DOES SPECIFY REPAIR.

DOES THAT MAKE SENSE? I, I, I HAD TROUBLE UNDERSTANDING WHAT'S BEING SAID IF I COULD READ IT OR SOMETHING.

I, BUT I REALLY CAN'T UNDERSTAND.

MM-HMM.

, UH, SO JUST LIKE, LIKE I SAID, AGAIN, WE'RE GOING TO ORDER YOU, UM, POTENTIALLY TO REPAIR THE PROPERTY, BUT I, I JUST WANNA BE CLEAR THAT DEMOLITION WOULD ALSO BE GOOD FOR THAT, THAT DEMOLITION WOULD ALSO SATISFY THAT.

I I REALLY DON'T WANT TO ATTEMPT TO REPAIR IT.

I THINK IT'S TIME TO REMOVE IT.

AND, AND I I'M SAYING THAT THAT WOULD, THAT WOULD BE FINE WITH US.

THAT'S SECONDED BY COMMISSIONER FRANCIS.

AS WELL.

UM, WITH THAT, UM, COMMISSIONER FEIG, SO COULD WE CHANGE THE ORDER TO, INSTEAD OF HAVING IT REPAIRED AND JUST CALL FOR A DEMOLITION? HMM.

YES, WE COULD DO THAT.

Y'ALL CAN CHANGE HIS ORDER TO DEMOLITION.

WELL THEN I MOVE TO ADOPT THE STA THE STATUS PROPOSED , BEFORE YOU DO, UM, I WOULD HEAR A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING IF ANYONE WOULD LIKE TO.

SO MOVE.

UM, WAS THAT SOAT? UH, YES.

A MANAGER CHAIR.

UH, THAT'S A MOTION BY COMMISSIONER SOAT TO CLOSE THE PUBLIC PORTION OF THIS HEARING.

IS THERE ANY SECOND? I'LL SECOND.

UM, ALL THOSE IN FAVOR SAY AYE.

ALL THOSE OPPOSED, HEARING NONE.

THE PUBLIC PORTION OF THIS HEARING IS CLOSED.

UM, WITH THAT I WOULD HEAR ANY MOTIONS.

COMMISSIONER? YES.

SO I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND MOVE TO ORDER THE FOLLOWING IN LIEU OF STAFF'S RECOMMENDED ORDER THAT WE REQUIRE THAT THE STRUCTURE BE DEMOLISHED WITHIN 45 DAYS.

THAT'S A MOTION BY COMMISSIONER SIG TO, UM, I SECOND, UH, THAT IS SECONDED BY COMMISSIONER OLUGO.

SORRY.

I WILL HOLD OFF JUST ONE SEC FOR, UM, OUR ATTORNEY, UH, LAUREN CORY TO ASK A QUESTION.

[01:20:04]

COMMISSIONER FRANCIS AYE.

UM, IN THAT CASE, I WILL CONTINUE WITH THE PENDING MOTION.

AGAIN, THIS IS A MOTION BY COMMISSIONER SIG TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND INSTEAD OF THEIR ORDER, ORDER THAT THE PROPERTY BE DEMOLISHED WITHIN 45 DAYS, UM, THAT MOTION WAS SECONDED BY I BELIEVE COMMISSIONER OLUGO CHAIR.

COULD WE, UM, UH, GO INTO, UH, THE 46TH DAY, UM, ON THE 46TH DAY? DOES THAT INCLUDE THAT WE WOULD HAVE THE ABILITY TO DEMOL THE CITY WOULD HAVE THE ABILITY TO DEMOLISH? UH, YES.

COMMISSIONER S YES.

IF YOU COULD YES.

THE, THE CITY WOULD THEN BEGIN THE PROCEEDINGS TO HAVE THE, UH, BUILDING DEMOLISHED.

IS THAT SUFFICIENT? WE USUALLY SAY THAT, UM, ON THE 46TH DAY, THE CITY WOULD BE PERMITTED TO, UH, TO DEMO DEMOLISH THE STRUCTURE.

UM, CAN WE, CAN WE GET THAT RESTATED FOR THE RECORD? UM, THAT WOULD BE UH, FAIR.

UM, IN THAT CASE, UH, JUST TO BE CLEAR, COMMISSIONER SELIG'S MOTION TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND ORDER THAT THE PROPERTY BE DEMOLISHED WITHIN 45 DAYS.

AND IF THE DEMOLITION HAS NOT CON HAS NOT OCCURRED BY THE 46TH DAY, THE CITY OF AUSTIN WILL BE FROM THAT POINT ON, ABLE TO DEMOLISH IT THEMSELVES.

IS THAT SUFFICIENT? OKAY.

UM, IS THERE ANY DISCUSSION ON THIS MOTION? HEARING NONE, I WILL GO INTO A ROLL CALL VOTE.

UH, COMMISSIONER SOKO.

A COMMISSIONER SIG AYE.

COMMISSIONER OLUGO.

COMMISSIONER STOAT AYE.

AND I ALSO VOTE, AYE UH, THIS MOTION BEING UNANIMOUS? IT IS SO ORDERED.

UM, A COPY OF THE ORDER WILL BE MAILED TO YOU IN 10 DAYS AND IT WILL EXPLAIN.

UM, IT WILL INCLUDE EVERYTHING THAT WE'VE DISCUSSED TONIGHT.

UH, THANK YOU EVERYONE FOR BEING HERE.

THANK YOU FOR BEING ENGAGED IN THIS AND I HOPE THIS TURNS OUT WELL.

UH, AT THIS TIME WE WILL BE MOVING ON TO, UH, OUR NEXT, UH, AGENDA ITEM.

SO YOU ARE, UH, FREE TO LEAVE FOR THE EVENING.

SORRY, I DIDN'T QUITE CATCH THAT.

I'M DONE.

THE AGENDA IS CASE NUMBER CL 2 24 DASH 0 6 2 0 6 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT EIGHT ONE OH.

WE'RE, WE'RE PARDON? ITEM NUMBER FIVE ON

[5. Case Number: CL 2024-106206]

UH, ZERO THREE CASEON CIRCLE.

THE EXHIBITS CAN BE FOUND IN THE VIOLET 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 UNOCCUPIED.

THE CASE WAS OPENED IN APRIL, 2022 AS THE RESULT OF A COMPLAINT.

THERE ARE NO ACTIVE PERMITS FOR THE PROPERTY RELATED TO THE CITED VIOLATIONS.

CONDITIONS ARE CONSIDERED UNSAFE AND SUBSTANDARD AND REQUIRE REPAIR.

IN YOUR GOOGLE DRIVE FOLDER READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO OH.

AND 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.

GOOD EVENING COMMISSIONERS.

MY NAME'S JOHNNY SERNA.

I'M A, UH, CITY OF AUSTIN CODE INVESTIGATOR.

UH, THE CASE THAT I AM PRESENTING BEFORE YOU WILL BE FOR 80 81 0 3 KAISEN CIRCLE, AUSTIN, TEXAS, OF AN INSPECTION THAT WAS MADE ON THE PROPERTY AND THE FACTS OF THE CASE ARE AS FOLLOWED.

UH, THE CURRENT CASE THAT WE DID OPEN WAS IN APRIL OF 2024.

UH, WE RECEIVED A CODE COMPLAINT FOR THIS PROPERTY AND UPON INSPECTION OF THE PROPERTY, UH, MULTIPLE I-I-I-P-M-C VIOLATIONS WERE IDENTIFIED.

ON AUGUST 13TH, 2024, WE REPOSTED THE, UH, PROPERTY ONCE AGAIN, UM, WITH A NOTICE OF VIOLATION NOTIFYING THE PROPERTY OWNERS OF THE MULTIPLE DEFICIENCIES FOUND THROUGHOUT

[01:25:01]

THE PROPERTY.

SINCE APRIL 10TH, 2024 THROUGH LAST MONTH OF OCTOBER 23RD, WHICH WAS THE LAST INSPECTION, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE, BUT NO DEFICIENCIES HAVE BEEN CORRECTED.

FIRST SLIDE, UH, EXHIBIT TWO A IS GONNA BE A CONTEXTUAL PHOTOGRAPH OF THE SINGLE FAMILY STRUCTURE LOCATED AT 81 0 3 KAISEN CIRCLE.

EXHIBIT TWO B IS A PHOTOGRAPH OF THE LEAD HA LEFT HAND SIDE OF THE HOUSE SHOWING THE ATTACHED GARAGE.

THIS PHOTOGRAPH SHOWS THE ROOF, THE ROOFING DECK STARTING TO PEEL BACK AWAY FROM THE STRUCTURAL RAFTERS RIGHT THERE AT THE TOP LEFT CORNER.

UM, WE CAN ALSO SEE MISSING EXTERIOR LIGHTING FIXTURES.

PREVIOUS SLIDE PLEASE.

I'M, I'M SORRY.

WE CAN ALSO SEE MISSING ELECTRICAL FIXTURES SHOWING EXPOSED WIRING, BROKEN WINDOWS, AND A GARAGE DOOR AND DISREPAIR.

EXHIBIT, UH, TWO C IS A PHOTOGRAPH OF THE FRONT ENTRANCE DOOR AND DISREPAIR ALONG WITH MISSING WEATHERPROOFING DOOR SWEEP AND PROPER SURFACE COATING.

UH, THE DOOR ITSELF IS JUST STARTING TO DETERIORATE RIGHT THERE TO THE ENTRANCE OF THE PROPERTY.

EXHIBIT, UM, 2D ANOTHER PHOTOGRAPHIC EXAMPLE OF THE RIGHT HI SIDE OF THE HOUSE SHOWING THAT THE STRUCTURE WAS BOARDED UP DUE TO, UH, WINDOWS AND DISREPAIR AND ALONG WITH, UH, OPEN DOORS.

THIS RIGHT HERE IS, UM, ANTIS SIPHON VALVE, UM, THAT'S MISSING FROM, UH, WATER SPIGOT.

EXHIBIT TWO F AND TWO G ARE GONNA BE PHOTOGRAPHS SHOWING, UH, A MORE AREA OF THE ROOFING SYSTEM WHERE THE ROOFING SHINGLES, ALONG WITH THE UNDERLAYMENT, UH, WERE REMOVED, LEAVING THE EXPOSED ROOF DECKING OF THE SINGLE FAMILY, UH, STRUCTURE EXPOSED TO THE ELEMENTS, INCLUDING THE INTRUSION OF WATER INTO THE STRUCTURE.

HERE IN EXHIBIT TWO, UH, G YOU CAN SEE THAT THE DECKING ALONG THE VALLEY OF THE ROOF HAS BEGUN TO, UH, PEEL ITSELF AWAY FROM THE, UH, STRUCTURE, ALLOWING AGAIN ONCE AS WE SAID, UH, THE ELEMENTS ALONG WITH THE INTRUSION OF RAIN INTO THE INTERIOR OF THE STRUCTURE.

EXHIBIT TWO H IS A PHOTOGRAPH OF THE LEFT SIDE OF THE HOUSE SHOWING AGAIN, ANOTHER, UH, DOOR AND DISREPAIR THAT HAD TO BE BOARDED UP ALONG WITH MORE MISSING LIGHT FIXTURES AND EXPOSED ELECTRICAL WIRING.

EXHIBIT TWO I, ANOTHER PHOTOGRAPHIC EXAMPLE OF, AGAIN, THE EXTERIOR CONDITIONS OF FASCIA AND DISREPAIR, UH, LIGHTING AND DISREPAIR, UH, DOORS IN DISREPAIR.

UM, NEXT SLIDE RIGHT HERE.

EXHIBIT TWO J IS A CLOSEUP SHOWING THE, UM, THE BREAK AND THE STONE SIDING ALONG WITH, UH, COMPOSITE, UH, SIDING AND DISREPAIR.

IS IT, THIS WAS AN INTERIOR, UM, PHOTOGRAPH OF THE INSIDE WHERE YOU CAN SEE THE LIGHT COMING THROUGH THE ROOF, UM, AGAIN PROVING THAT RAINS GETTING IN THERE ALONG WITH, UH, OTHER ELEMENTS PUTTING, UH, THE REST OF THE STRUCTURE IN THE PROCESS OF BECOMING, UM, GOING INTO DISREPAIR.

SORRY ABOUT THAT.

EXHIBIT TWO L.

ANOTHER EXAMPLE AGAIN OF CRACKED, UH, STONE SIDING NEAR THE TOP CORNER OF THE ROOF, ALONG WITH MORE EXPOSED ELECTRICAL WIRING AND THE DETACHING ROOF DECK RIGHT THERE AT THE, THE CENTER, UH, CORNER OF THE HOUSE.

EXHIBITS, UH, TWO M TWO N AND TWO OH OH.

WERE ARE GONNA BE MORE EXAMPLES AGAIN OF THE DETERIORATING COMPOSITE SIDING, ROCK SIDING IN DISREPAIR UNSANITARY CONDITIONS.

NEXT SLIDE, ALONG WITH EXPOSED ELECTRICAL SIDING.

INTO THIS SINGLE FAMILY STRUCTURE.

THIS IS JUST A CLOSEUP AGAIN OF, OF MORE SIDING IN DISREPAIR SHOWING THAT, UH, WE DO HAVE RAIN INTRUSION

[01:30:01]

WITH THIS, I CONCLUDE MY PRESENTATION OF 81 0 3 TYSON CIRCLE AND STRONGLY URGE THE COMMITTEE MEMBERS TO ADAPT ADOPT STAFF'S RECOMMENDED ORDER.

STAFF ALSO REQUEST 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.

B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.

C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.

IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU FOR YOUR PRESENTATION AT THIS TIME, I WOULD LIKE TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO O DID IT RIGHT THIS TIME, .

UM, AND I DON'T BELIEVE THAT THERE'S ANYBODY HERE TO SPEAK ON THE PROPERTY OWNER'S BEHALF.

UM, SO WITH THAT, I WOULD MOVE INTO THE PUBLIC PART OF THE HEARING AND ALLOW MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS THEY HAVE OF CITY STAFF.

I MOVE TO CLOSE THE PUBLIC HEARING.

ANY SECONDS? SECOND.

SECONDED BY COMMISSIONER SOCAL.

THAT WAS A MOTION BY COMMISSIONER FRANCIS TO CLOSE THE PUBLIC PORTION OF THE HEARING.

UM, ALL THOSE IN FAVOR SAY AYE.

ALL THOSE OPPOSED HEARING NONE.

THE MOTION PASSES AND THE PUBLIC PORTION OF THE HEARING IS CLOSED AT THIS TIME.

I WOULD WELCOME ANY MOTIONS ON A PROPOSED ORDER.

MADAM CHAIR? YES.

MOVE TO ADOPT STOPS PROPOSED FINDINGS OF FACT CONCLUDES THE LAW AND STAFFS RECOMMENDED ORDER IN ITS ENTIRETY.

ALRIGHT, THERE WAS A MOTION BY COMMISSIONER FRANCIS.

SECOND, THERE WAS A MOTION BY COMMISSIONER FRANCIS TO ADOPT STAFF'S PROPOSED FINDINGS BACK IN CONCLUSIONS OF LAW AND SECONDED BY COMMISSIONER OLUGO.

UM, IS THERE ANY DISCUSSION ON THE PENDING MOTION? HEARING NONE.

I WILL MOVE INTO A ROLL CALL VOTE.

UH, COMMISSIONER SOKO.

COMMISSIONER FRANCIS AYE.

THAT WAS AN AYE.

COMMISSIONER SIG.

AYE, THAT WAS AN AYE.

COMMISSIONER OLUGO, GO.

AND COMMISSIONER STOAT.

HAVE A DISCUSSION AND ACTION ITEM, UM, ITEM NUMBER SEVEN ON THE AGENDA.

ALSO VOTE AYE.

AND THERE BEING SIX AYES AND NO NAYS.

THE MOTION PASSES AND THE, UH, STAFF'S RECOMMENDED ORDER IS ADOPTED.

ALRIGHT, WITH THAT WE HAVE THANK YOU INSPECTOR.

THANK YOU INSPECTOR.

UM, THANK YOU MS. TEAM.

STAFF AT THIS TIME WE

[7. Approval of the 2025 Building and Standards Commission regular meeting schedule]

DATES, WE WILL HAVE TO LOOK AT ALTERNATIVE DATES, WHICH YOU WILL ALSO HAVE TO VOTE ON AT A LATER DATE.

THANK YOU OF THE, OF THE, UH, 2025 PROPOSED MEETING DATES.

UM, OKAY.

ANDREW, CAN YOU PUT THAT UP ON THE, UH, SCREEN? WELL, UM, THERE, THEY'RE OKAY.

UH, THIS IS A LIST OF THE PROPOSED DATES ON THE SCREEN AND THEY BE FOUND IN THE GOOGLE DRIVE FOLDER.

THE DATES, UM, BEFORE YOU ARE THE REGULAR FOURTH WEDNESDAY MEETING DATES, WITH THE EXCEPTION OF NOVEMBER AND DECEMBER.

THERE IS NO MEETING IN NOVEMBER.

AND FOR THE DECEMBER MEETING, I HAVE PROPOSED TUESDAY, DECEMBER 9TH OR THURSDAY, DECEMBER 11TH.

I'VE CONFIRMED THAT THIS ROOM, UH, 1405 IS AVAILABLE FOR BOTH THESE DATES.

IT'S NOT AVAILABLE ON, UH, WEDNESDAY THE 10TH.

UM, FOLLOWING THIS MEETING, IF MEETING DATES HAVE BEEN APPROVED, I, WE WILL SUBMIT THEM TO THE CITY CLERK'S OFFICE AND TO THE PTTC EVENT COORDINATOR FOR A CALENDAR RING.

IF THERE IS A CONFLICT WITH ANY OF THE APPROVED

[01:35:01]

CHAIR.

UH, ROBERT MOORE JUST BROUGHT THE ATTENTION TO ME THAT THE FIRST TWO DATES ARE ACTUALLY THURSDAYS, SO I HAVE THE WRONG DATE ON THERE, BUT IT IS THE FOURTH WEDNESDAY OF EVERY MONTH WITH THE EXCEPTION OF NOVEMBER AND DECEMBER.

SO I APOLOGIZE FOR THAT.

BUT ANYWAY, THERE'S A SLIGHT CORRECTION ON THOSE TWO DATES.

SO JUST TO BE CLEAR, UM, SO ARE YOU SAYING THAT JANUARY 23RD IS A THURSDAY AND THAT IT WOULD ACTUALLY BE, THE MEETINGS WOULD BE ON THE FOURTH WEDNESDAY, JANUARY 22ND AND FEBRUARY 26TH.

2025.

THANK YOU FOR THAT.

UM, AND WOULD Y'ALL LIKE US TO MAKE A DECISION BETWEEN, I, I THINK YOU SAID THE NINTH AND THE 11TH ARE AVAILABLE, BUT THE 10TH WASN'T RIGHT? I BELIEVE THEY'RE ALL AVAILABLE.

WELL, THIS, OH, THIS SAYS THE 10TH ISN'T, SO I WOULD CHECK.

I WOULD CHOOSE THE NINTH.

DOES ANYONE ELSE HAVE ANY PREFERENCES BETWEEN THE NINTH AND THE 11TH? WE ALSO NEED TO, UM, DISCUSS THE POSSIBLE DATES FOR, FOR A POSSIBLE, UH, BSC RETREAT NEXT YEAR.

UM, ALTHOUGH YOU MAY WANNA CONSIDER WAITING SINCE WE ARE LOSING SOME PEOPLE BETWEEN NOW AND THEN.

MM-HMM.

I WOULD PREFER THE 11TH.

HOPEFULLY.

WELL, HOPEFULLY WE GET MORE PEOPLE, HOPEFULLY NO LOSSES BETWEEN NOW AND THEN.

HOPEFUL IT'S A NET GAIN, YOU KNOW.

UM, THAT BEING SAID, UH, LET'S, YEAH, LET'S MAYBE HOLD OFF ON THAT DISCUSSION UNTIL, UM, WE HAVE A BETTER SENSE OF WHAT OUR QUO WILL LOOK LIKE.

UH, I CHAIR, I MOVE TO ACCEPT THE PROPOSED MEETING SCHEDULE FOR 2025 WITH THE CHANGE OF JANUARY 22ND AND FEBRUARY 26TH WITH DECEMBER TO BE DECIDED.

WE NEED TO DECIDE NOW, WE NEED TO GO AHEAD AND CHOOSE A MEETING DATE FOR DECEMBER.

THEY HAVE TO BE VOTED ON THIS MONTH.

WE, WE WERE GONNA WAIT ON THE, UH, THE RETREAT DATE.

OH, THE RETREAT DATE.

WELL, THE NINTH IS A TUESDAY, THE 10TH IS A WEDNESDAY, AND THE 11TH IS A THURSDAY.

THE NINTH WOULD BE MY PREFERENCE IF, IF NO ONE ELSE HAS ANY PREFERENCE IN TERMS OF DATES.

COMMISSIONER SOKO.

I HAD MENTIONED THE 11TH DECEMBER 9TH WORK FOR EVERYBODY.

UH, COMMISSIONER FELUGA.

I'LL PREFER THE 11TH, BUT THE NINTH WILL PROBABLY WORK FOR ME.

OBJECTION IN THAT CASE.

UM, WOULD YOU LIKE TO RESTATE YOUR MOTION? THE MOTION WAS TO ACCEPT THE PROPOSED 25 MEETING DATES WITH THE CHANGE OF JANUARY 22ND, FEBRUARY 26TH AND DECEMBER 9TH.

ANY SECONDS? SECOND.

THAT'S A MOTION FROM COMMISSIONER FRANCIS TO ADOPT THE ORDER WITH THOSE AMENDMENTS.

UM, THAT IT BE THE 22ND OF JANUARY, THE 26TH OF FEBRUARY AND DECEMBER 9TH.

UM, SECONDED BY COMMISSIONER OLUGO.

I THINK THIS CAN JUST BE A NAME CALL VOTE.

UM, SO I, ALL THOSE IN FAVOR? AYE.

ALL THOSE OPPOSED HEARING NONE.

THE MOTION PASSES.

THE, UH, SCHEDULE IS SET AND WITH THAT, I BELIEVE I CAN ADJOIN THIS MEETING CHAIR.

UH, OH.

WE, WE, OH, SORRY.

A FUTURE AGENDA ITEMS

[FUTURE AGENDA ITEMS]

THE, UH, ONE FUTURE AGENDA ITEM WOULD BE THE, UM, THE ITEM THAT THE GENTLEMAN SPOKE ON, UM, AT THE BEGINNING OF THE MEETING, UH, 1704 ELMS DRIVE.

UM, IF ANYONE WANTS TO, UH, PROPOSE HEARING OF PENALTY RELIEF, UH, FOR THOSE CASES, ANYBODY WOULD LIKE TO MOVE? NO.

DO WE HAVE TO MOVE FOR THAT MOTION FOR THAT OR TO I MAKE A MOTION? TWO PEOPLE HAVE TO REQUEST ACCEPT THE HEARING FOR POTENTIAL PENALTY RELIEF FOR THE GENTLEMAN THAT TESTIFIED IN THE PUBLIC IN THE GENERAL TESTIMONY.

UH, AT THE BEGINNING OF THIS, UH, MEETING FOR, UH, OUR NEXT MEETING ON, HUH.

1704 NELMS DRIVE, UH, ON OUR DECEMBER MEETING.

ANY SECONDS? SECOND.

THAT WAS A MOTION BY COMMISSIONER OLUGO TO HEAR THE PENALTY RELIEF CASE AND SECONDED BY COMMISSIONER FRANCIS.

UM, I WILL CALL, THAT'S, WE JUST NEED TO, UH, PEOPLE TO REQUEST IT.

IN THAT CASE, IF THOSE TWO REQUESTED IT, THEN THAT'S IT.

OUR NEXT REGULAR, UH, MEETING IS SCHEDULED FOR DECEMBER 11TH, 2024.

FANTASTIC.

MONTH? NO, IT'S, UH, BEGINNING OF DECEMBER.

UM, IS THERE ANYTHING ELSE I NEED TO DO BEFORE ADJOURNING? SO WE DON'T HAVE A SECOND MEETING THIS

[01:40:01]

WE, WE NORMALLY DON'T HAVE ANY MEETING IN NOVEMBER.

BUT I THOUGHT WE WERE GONNA TRY, THIS IS A SPECIAL CALLS MEETING.

SURE.

THAT'S WHY WE HAVE ONE.

OKAY, COOL.

IN THAT CASE, UM, THE TIME IS 8 33 AND I AM ADJOINING THIS MEETING.