[00:00:02]
[CALL TO ORDER]
UH, 2025.LET THE RECORD REFLECT THAT THE TIME IS 6:43 PM UH, MY NAME IS TIMOTHY STOAT.
I AM CHAIR OF THE BUILDING AND SANDERS COMMISSION.
UH, AT THIS TIME, UH, I WILL CALL THE ROLE AND ASK FOR COMMISSIONERS PRESENT TONIGHT TO PLEASE SIGNIFY, UH, THAT YOU'RE HERE.
QUICK REMINDER TO OUR COMMISSIONERS, REMOTING IN, PLEASE, UH, LEAVE YOUR CAMERA ON IN ORDER TO MAINTAIN QUORUM.
COMMISSIONER SIG, VICE CHAIR CAMPBELL HERE.
[PUBLIC COMMUNICATION: GENERAL ]
BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATIONS ON ITEMS NOT ON TONIGHT'S AGENDA.UH, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
UH, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE ITEMS ON THE POSTED AGENDA.
AND WE WILL BE CONSIDERING FIVE CASES FROM FIVE PROPERTIES.
THE CASES WILL BE, UH, CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION, UH, MAY TAKE A CASE OUT OF ORDER IF IT'S APPROPRIATE TO DO SO.
UH, ALL ATTENDEES AT THE HEARING ARE ASKED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY, SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
UH, CODE REVIEW ANALYST JAMES EVERWINE WILL, UH, CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.
UH, SO WHEN THE OWNERS, UH, OR PROPERTY REPRESENTATIVE'S CASE IS CALLED, UH, WE JUST ASK THAT YOU COME FORWARD AND, AND HAVE A SEAT, UH, DOWN FRONT, NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY.
UH, JUST TO UNMUTE YOUR PHONE, WHEN YOUR CASE IS CALLED, THE CITY WILL PRESENT ITS CASE FIRST.
UH, ORDINARILY THAT'LL TAKE FIVE MINUTES.
ALTHOUGH SOME COMPLEX CASES CAN RUN LONG, UH, AFTER THE CITY PRESENTS ITS CASE, THE OWNER OR REPRESENTATIVE OF THE PROPERTY, UH, WILL BE ALLOTTED FIVE MINUTES OR EQUAL TIME, UH, YOU KNOW, THE LESSER OF FIVE MINUTES OR HOWEVER LONG THE CITY TOOK TO CROSS EXAMINEE.
UH, AND THEN TO, UH, ASK QUESTIONS OF THE CITY OR ITS WITNESSES, UH, AND THEN TO PRESENT ITS OWN, UM, WITNESSES AND EVIDENCE.
UH, THEN, UM, THE CITY WILL BE ALLOTTED, UH, TIME IN ADDITION TO CROSS-EXAMINE, UH, THE OWNER OR PROPERTY REPRESENTATIVE.
WHEN, UH, TIME IS INDICATED THAT YOUR TIME IS EXPIRED, PLEASE, UH, FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
UM, DO WE HAVE A DESIGNATED TIMEKEEPER THIS EVENING? OKAY, SO IT'S, UH, UH, CODE REVIEW ANALYST, ALLIE, MELANIE ALLEY, OR IS GONNA BE OUR TIMEKEEPER.
UH, AFTER THE OWNER AND REPRESENTATIVE, UH, PARDON ME, AFTER THE OWNER OR PROPERTY REPRESENTATIVE IN CITY HAVE PRESENTED THEIR EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I'LL ALLOW, UH, OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER ANY, UH, TESTIMONY ABOUT THE CASE.
UM, AND THEN AS APPROPRIATE, YEAH, EACH SIDE MAY BE GIVEN, UH, AS MANY AS THREE MINUTES TO SUMMARIZE, UH, ALL EVIDENCE AND TESTIMONY.
ONCE 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 THE PROPERTY OWNER OR REPRESENTATIVE.
UH, DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED BY THE TEXAS LOCAL GOVERNMENT CODE.
SO IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK, UH, WHEN YOUR CASE IS CALLED, WITNESSES DO TESTIFY UNDER OATH.
SO, UH, ASK AT THIS TIME, ANY PERSON WHO WISHES TO PRESENT TESTIMONY BEFORE THE COMMISSION, UH, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
UH, IF THERE IS NOTHING FURTHER, UH, WE WILL PROCEED TO CONSIDER THE FIRST AGENDA ITEM, UH, WHICH IS, UH, ACTUALLY WE HAVE, WE NORMALLY DO PUBLIC COMMUNICATIONS BEFORE APPROVAL OF THE MINUTES.
UM, SO YEAH, IT LOOKS LIKE OUR FIRST, UH, OUR FIRST ITEM THIS EVENING IS ACT.
WE ACTUALLY DO HAVE PUBLIC COMMUNICATION.
THIS IS ON THE, UH, UM, 1613 JESTER.
UM, AND, UH, IT'S BEEN SO LONG SINCE I'VE HAD ONE OF THESE.
DO WE JUST INVITE FOLKS DOWN FRONT? DO Y'ALL HAVE TO DO ANYTHING ON THIS? OR THEY CAN, YEAH.
THERE ARE PHOTOGRAPHS, UM, AND THEY CAN COME TO THE FRONT.
SO IF, SO, FOR ANYBODY WHO'S HERE, LOOK, I, I THINK I SHOW THAT WE HAVE FOUR PEOPLE WHO HAVE REGISTERED ON THE JESTER PROPERTY.
IF YOU WANNA COME DOWN AND TAKE A SEAT NEAR THE FRONT, UM, IF YOU'RE PLANNING TO OFFER TESTIMONY.
AND THEN RIGHT NOW WE'RE WORKING ON GETTING, I GATHER THAT SOME EXHIBITS WERE BROUGHT IN AND IT LOOKS LIKE WE'RE WORKING ON GETTING THOSE,
[00:05:02]
SORRY, YEAH.IF YOU DON'T PLAN TO SPEAK, THAT'S, YEAH, YOU CAN JUST REMEMBER.
UM, THE PHOTOS ARE IN THE, UM, READERS, IT'S OKAY'S, JUST THE, OKAY.
SO YOU CAN SEE THE PHOTO ON THE FIRST PAGE THERE? YES.
SO YOUR PHOTO, UH, JAMES IS INDICATING THAT THE PHOTOS ARE IN THE READER, UM, AND HOLD IT, OR, YEAH, I THINK I SEE.
IT'S THE ONE THAT'S JUST PICTURES.
UM, SO WITH, WITH ITEMS WHERE WE'RE NOT POSTED FOR ACTION, WE CAN'T REALLY, UH, WE DON'T REALLY DISCUSS OR DELIBERATE.
SO IF I COULD JUST ASK YOU TO INTRODUCE YOURSELVES, UM, BROOKS LOUGHLIN NEIGHBOR, DIRECT NEIGHBOR OF 7 6 13, THE PROPERTY UNDER QUESTION.
ADAM, RON HERTZFELD, AND I'M, UH, WITH THE JESTER, HOA, I'M PRESIDENT OF THE HOA.
AND ARE YOU BOTH PLANNING TO SPEAK THIS EVENING? YES.
SO DO THE, ARE THE PICTURES OH, SURE.
UM, ARE WE ABLE TO GET THEIR, THEIR EXHIBITS UP
OH, BUT I CAN'T SEE 'EM, WHAT YOU'RE LOOKING AT.
I DON'T WANNA SLOW YOU GUYS DOWN.
YEAH, IT'S, UM, THESE RIGHT
SO WE'RE ALL ABLE TO, AS LONG AS YOU CAN SEE, I JUST, I JUST THREW FORWARD.
OH, THOSE PICTURES YOU'RE LOOKING AT ARE ACTUALLY WHAT WE LOOK AT EVERY DAY.
IT'S BEEN ALMOST 1200 DAYS, UM, SINCE THIS FIRE.
SO, UH, THAT, THOSE PICTURES MOST, WELL, NOT THE FRONT PICTURE, OBVIOUSLY, BUT IS TAKEN FROM OUR DECK OR FROM OUR WINDOWS THAT LOOK OUT ON THAT PROPERTY, SO, OH, THERE.
SO THAT'S THE BA ONE IS THE FRONT YARD, THE OTHER ONE IS PART OF THE BACKYARD.
JUST SEEING HOW JUNKIE YOU GO TO THE NEXT ONE, UH, NEXT PAGE.
SO THAT'S, THAT'S TAKEN FROM OUR DECK AND FROM OUR BATHROOM WINDOW THAT WHILE WE'RE BRUSHING OUR TEETH AND SHOWERING.
WE GOT SOME GOOD NEWS TONIGHT TALKING TO FARRAH.
SO I, I WON'T GO ANY MUCH LONGER.
UM, IT LOOKS LIKE IT IS ON SCHEDULE.
IT'S BEEN A VERY FRUSTRATING PROCESS, BUT OF COURSE, YOU GUYS LIVE THIS, SO I GUESS IT'S FRUSTRATING FOR Y'ALL ALL THE TIME.
I WANT TO THANK IT'S, IT'S BEEN A LONG TIME.
I WAS IN HERE WHEN WE GOT IT CONDEMNED AND IT WAS 45 DAYS PLUS THE CERTIFIED LETTER TIME, AND THAT WENT, YOU KNOW, WAY PAST.
ONE THING I WOULD ASK ON YOUR COFFEE BREAK TIME, WHICH YOU DON'T GET SINCE YOU WORK NIGHTS AND, AND, AND DURING THE DAY, THERE'S GOTTA BE A DIFFERENT ENFORCEMENT ALGORITHM.
'CAUSE THIS LEAN AGAINST THE DEED, IT JUST DOESN'T WORK.
I GUESS Y'ALL KNOW IT MORE THAN ANY, 'CAUSE EVER SINCE I GOT INVOLVED IN THIS PROCESS THREE YEARS AGO, THERE'S BEEN A HUNDRED HOUSES ON THE DEMO LIST, AND Y'ALL CAN, THE CITY BUDGET CAN FUND BETWEEN TWO AND FOUR, SO IT'S ALWAYS A 30 YEAR BACKLOG PLUS.
SO I APPRECIATE THAT WE'RE HERE.
FILLED ME IN, AND I'LL TURN OVER MY TIME.
I GOT MY PICTURES IN A LITTLE LATE TODAY, SO, YOU KNOW, YOU WON'T BE SEEING ANY PICTURES.
I, I DO WANNA THANK YOU, YOU KNOW, UH, FOR, YOU KNOW, HAVING US BE ABLE TO, UH, BE ABLE TO HANDLE GETTING THESE, UH, THIS, YOU KNOW, UH, MESS THAT'S ON OUR STREET, TAKEN CARE OF.
WE'VE HAD SO MANY, UH, NEIGHBORS THAT ARE ALMOST PETRIFIED ABOUT WILDFIRES.
AND, UH, SO, YOU KNOW, WE, WE HAVE KIND OF AN UNUSUAL NEIGHBORHOOD WHERE, UH, WE HAVE, UH, ALMOST COMPLETELY SURROUNDED BY, UH, YOU KNOW, THE PCP, YOU KNOW, THE, UH, THE BCP, THE BALCONES, UH, YOU KNOW, PRESERVE.
AND SO THERE'S ALWAYS A BIG CONCERN THAT THERE COULD BE A WILDFIRE COMING UP ONTO THE RIDGE WHERE WE ALL LIVE.
AND, AND SO IT, IT, IT, IT IS NICE TO BE ABLE TO, TO GO BACK AND TELL OUR RESIDENTS, YOU KNOW, THAT, UH, WE WILL, YOU KNOW, GET, UH, YOU KNOW, SOME RELIEF HERE SOON WITH GETTING THE, THAT HOUSE, UH, REMOVED.
SO ANYWAY, AGAIN, THANK YOU FOR, FOR WHAT YOU'VE DONE.
I APPRECIATE YOU BEING HERE THIS EVENING.
UM, I WOULD LIKE TO LET THE RECORD REFLECT THAT, UH, COMMISSIONER SELL IS PRESENT, UH, THE HIGHEST NOW, AND I ALSO, I BELIEVE I NEGLECTED PREVIOUSLY TO, UH, ACKNOWLEDGE THAT, UH, UH, FIRE MARSHAL, UH, STEVEN TRUSDALE IS REMOTING IN, SO HE'S, HE'S WITH US THIS EVENING AS WELL.
[00:10:01]
I DID HAVE ONE MORE, I'M NOT SURE I'M GONNA PRONOUNCE THIS CORRECTLY.DID YOU WISH TO TESTIFY, SIR? DID YOU PLEASE, UH, PLEASE COME ON DOWN.
OH, AND THIS IS NOT, THIS IS NOT IN REFERENCE TO A, THIS IS IN REFERENCE TO A, WELL, I'LL LET YOU INTRODUCE YOURSELF AND TELL US WHY YOU'RE HERE.
MY NAME IS PAUL CORNO, AND, UH, YESTERDAY WE CLOSED ON OUR PROPERTY AT, UH, 72 0 7 EAST MEADOW BEND DRIVE, UM, IN AUSTIN.
AND, UH, I WAS SPEAKING WITH JAMES CAN OLI, AND HE SAID THAT THERE WAS SOME PENALTIES AND FINES, UH, ATTACHED TO THE, THE PROPERTY.
UM, AND I WAS HOPING TO JUST GET ON THE AGENDA FOR NEXT, NEXT MONTH'S MEETING TO TALK ABOUT, YOU KNOW, WAYS I CAN, UH, MAKE SURE THE PROPERTY CAN GET THE LIENS TAKEN CARE OF, AND, UH, GET THE CERTIFICATE OF OCCUPANCY BACK AND THAT TYPE OF STUFF.
WELL, YEAH, WE CAN MAKE A NOTE OF THAT.
WHAT WE USUALLY DO IS AT THE, AT, AT THE END OF OUR POSTED BUSINESS, WE'LL, WE HAVE A, A POSTED, UH, AGENDA ITEM FOR FUTURE AGENDA ITEMS, AND, UH, I BELIEVE IT TAKES JUST A VOTE OF TWO MEMBERS TO PUT SOMETHING ON.
I'M SURE JAMES FILLED YOU IN ON THIS, SO YEAH, HE DID.
SO, UH, BUT YEAH, IF THAT'S ALL YOU HAD, THEN YEAH, WE CAN TAKE THAT UNDER ADVISEMENT.
AND, UH, THANK YOU FOR, UH, FOR BEING HERE THIS EVENING.
UM, OKAY, SO I GUESS I DON'T SHOW ANYBODY ELSE REGISTER FOR PUBLIC COMMUNICATION.
SO LAST CALL IN CASE ANYBODY, IN CASE I MISSED ANYONE.
[1. Approve the minutes of the Building and Standards Commission regular meeting on January 22, 2025.]
SO WE'LL MOVE ON TO AGENDA ITEM NUMBER ONE, WHICH AS ALWAYS IS APPROVAL OF THE MINUTES, UH, IN THIS CASE.UH, SPECIFICALLY THE APPROVAL OF THE, UH, BUILDING A STANDARDS COMMISSION REGULAR MEETING MINUTES FROM JANUARY 22ND, 2025.
UH, AS A REMINDER, YOU DO NOT NEED TO HAVE BEEN HERE, UH, TO, TO VOTE, UH, ON THIS ITEM.
UH, IT, YOU JUST HAVE TO HAVE REVIEWED THE MINUTES AND, AND AGREED TO APPROVE THEM AS EVERYONE HAD AN OPPORTUNITY TO LOOK AT THOSE.
THEY'RE, THEY'RE IN YOUR READER.
UH, SO WHAT I'M GONNA DO ON THIS ONE IS, UH, UH, JUST TO MAKE IT A, A VOICE VOTE, UM, WE DO HAVE, UH, A QUORUM PLUS ONE.
WE HAVE, I BELIEVE, SEVEN MEMBERS PRESENT.
SO, UM, UH, ALL IN FAVOR OF APPROVING THE MINUTES FROM THE BUILDING OF STANDARDS PERMISSION REGULAR MEETING.
CAN I GET A MOTION CHAIR? SORRY.
UM, WOULD SOMEBODY, I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES CHAIR MOVED, MOVE TO APPROVE THE MINUTES FROM JANUARY 22ND.
SO ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER LOCKHART, UH, WOULD ALL IN FAVOR, UH, YOU'VE HEARD THE MOTION TO APPROVE THE MINUTES FROM THE BUILDING AND STANDARDS REGULAR MEETING ON JANUARY 22ND, 2025? WOULD ALL IN FAVOR SAY AYE? AYE.
ANY OPPOSED? OKAY, SO WE HAVE, UH, UH, SOUNDS LIKE IT WAS UNANIMOUS.
THE, THE MINUTES ARE APPROVED, AND NOW I
[2. Case Number: CL 2024-148420]
WILL MOVE ON TO, UM, I'LL MOVE ON TO OUR CASES.AND SO THE FIRST ONE IS AGENDA ITEM NUMBER TWO.
THIS IS THE, UH, THUNDER CREEK ROAD.
UM, I DO SHOW WE HAVE SOME WITNESSES, UH, REGISTERED TO TESTIFY, UM, I BELIEVE, AND WE HAVE AT LEAST TWO IN PERSON IF YOU'D LIKE TO COME DOWN FRONT.
SO, SO THE, THEY'RE TESTIFYING REMOTELY AND YOU, AND YOU'RE HERE SORT OF JUST IN CASE
WELL, NEVERTHELESS, WE'LL GO AHEAD AND PROCEED TO THAT ITEM.
UM, SO DO WE HAVE, DO WE HAVE THE PROPERTY REPRESENTATIVE ON THE PHONE? SHOULD BE MR. PARK.
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2024 DASH 14 84 8 4 2 0, AND IS REGARDING THE PROPERTY LOCATED AT 5 3 3 8 THUNDER CREEK ROAD.
STAFF EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING AN UNOCCUPIED COMMERCIAL STRUCTURE.
THE CASE WAS OPEN IN JULY, 2023 AS THE RESULT OF A COMPLAINT ABOUT A VACANT STRUCTURE.
THERE'S A SITE PLAN DETERMINATION IN THE CITY'S DATABASE OF RECORD, BUT THE STATUS IS AWAITING UPDATE DA 2024 DASH 5 76.
THE COMMERCIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE, AND IS CONSIDERED 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.
[00:15:01]
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY THAT REQUIRE NOTICES, PROOFS OF MAILING AND POSTINGS.AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND THE RECOMMENDED ORDER, UH, CODE SUPERVISOR DAVID DOWNING IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
UH, SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
THANK YOU COMMISSIONERS FOR HEARING OUR CASE REPORT FOR VIOLATIONS OF 53 38 THUNDER CREEK ROAD.
THIS IS A VACANT COMMERCIAL PROPERTY NEAR DUVAL ROAD IN RESEARCH BOULEVARD.
IT IS ADJACENT TO OTHER COMMERCIAL PROPERTIES, INCLUDING OFFICES AND RESTAURANTS.
THE PROPERTY HAS BEEN VACANT DURING OUR CURRENT CASE MANAGEMENT, WHICH BEGAN WITH A 3 1 1 RESIDENT COMPLAINT IN JULY OF 2023.
IN DECEMBER OF 2024, THE CASE HAD AN ADMINISTRATIVE HEARING FOR WEEDS AND RUBBISH ACCUMULATION.
THE ADMINISTRATIVE HEARING OFFICER FOUND THE UNRELIABLE FOR THE UNSANITARY CONDITIONS.
THE CASE HAS REMAINED ACTIVE AND CONTINUING VIOLATIONS HAVE BEEN DOCUMENTED.
CODE STAFF HAVE COMMUNICATED WITH THE OWNER.
THE OWNER DOES HAVE AN INCOMPLETE APPLICATION FOR DEMOLITION, WHICH BEGAN REVIEW IN APRIL OF 2024.
WE'LL GO TO THE PHOTOS FOR CURRENT CONDITIONS OF THE PROPERTY.
TWO A IS THE PUBLIC VIEW FROM THE ROAD EDGE AT THUNDER CREEK.
THE ADDRESS AND CURRENT CONDITION ARE VISIBLE.
THE PROPERTY HAS DAMAGED DOORS AND WINDOWS, WHICH HAVE BEEN BOARDED OVER THE REAR OF THE PROPERTY IS CLOSED BY A PLYWOOD BARRIER.
THIS IS AN EFFORT TO KEEP THE PROPERTY SECURE FROM CONTINUING NUISANCE ACTIVITY TO SEE LEFT SIDE OF THE PHOTO, YOU'LL SEE A, UM, BLUE BLANKET NEAR THE FRONT DOOR AND MATERIALS.
THESE ARE BELONGINGS OF A PERSON EXPERIENCING HOMELESSNESS OCCUPYING THE PROPERTY.
THIS IS FROM FEBRUARY 10TH OF THIS YEAR.
WE CAN ALSO SEE THE OCCUPIED BUSINESS IMMEDIATELY ADJACENT TO 53, 38.
OKAY, 2D TWO DA BAG OF RUBBISH IS LEFT AT THE TREES, WHICH MUST BE REMOVED.
WEEDS ARE ACCUMULATED AROUND THE PROPERTY.
THIS IS SIMILAR TO CONDITIONS DOCUMENTED THROUGHOUT THE CASE CASE HISTORY AND SUPPORT THAT THE PROPERTY IS A CONTINUING INVITATION TO NUISANCE TWO F THE SAME DETAILS AGAIN, UM, RETURNING TO THE ORDINARY STREET VIEW.
SO THE CASE DOCUMENTATION HERE AND IN YOUR READERS SUPPORTS THE NOTICE OF VIOLATION, AND WE REQUEST AN ORDER TO BRING THE PROPERTY INTO FULL COMPLIANCE.
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, UH, 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.
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 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.
INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL NOW WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
UM, SO AT THIS TIME WITHOUT OBJECTION, AND COUNSEL WILL CORRECT ME IF I NEED A MOTION ON THIS.
I DON'T THINK I DO, BUT, UH, IF THERE'S NO OBJECTION, I'LL ADMIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO F.
HEARING NONE THE, UH, EXHIBITS ARE ADMITTED.
UM, I'M GONNA PAUSE BRIEFLY TO REMIND, UM, COMMISSIONER OLUGO, I, I BELIEVE WE NEED TO HAVE THE CAMERA ON TO MAINTAIN QUORUM, IS THAT CORRECT? UM, WHEN YOU'RE DOING DELIBERATIONS AND TAKING A VOTE? YES.
UM, SO WITH THE, THE OWNER'S REPRESENTATIVE, UH, IS THAT A, CAN YOU HEAR US? YES.
UM, YOU WANT TO INTRODUCE, WERE YOU SWORN EARLIER WHEN WE, WHEN WE DID THE OATHS? YES.
[00:20:01]
TO, UM, UH, INTRODUCE YOURSELF AND THEN YOU'RE FREE TO ASK ANY QUESTIONS OF THE, UH, CODE OFFICIAL.UH, OR IF YOU, IF YOU DON'T HAVE ANY, YOU CAN JUST GO RIGHT INTO YOUR, INTO YOUR PRESENTATION.
UH, YES, I DON'T REALLY HAVE A PRESENTATION.
UM, MY ARCHITECT HAS MET WITH, UM, THE CITY, UH, ACTUALLY ON THE PHONE.
WE'RE FROM HOUSTON, TEXAS, AND WE GO THERE PERIODICALLY TO CLEAN UP, UH, MESS.
BUT, UH, WE'VE BEEN TRYING TO DEMOTE THE PROPERTY FOR A LONG TIME, AND SOMEHOW WE'RE HAVING VERY DIFFICULTY, UM, WITH CIVIL ENGINEERING PLANS.
AND WE HIRED MANY DIFFERENT, UH, COMPANIES.
AND, UH, FINALLY WE HIRED SOMEBODY WHO COULD GET, UM, HELP US WITH THE PERMITS.
UH, THERE'S A PERSON WHO JUST, UM, TO THE PERMITS.
SO, UH, YESTERDAY MY ARCHITECT HAS, UM, MET, UH, TALKED TO CITY OF OFFICIALS ABOUT THE, UH, THE PLANS ABOUT DEMOLITION.
AND I, I THINK HE WAS ON THE PHONE, SO I'M NOT SURE IF HE'S ABLE TO EXPLAIN FURTHER.
AND I THINK, UH, ALSO, UH, PAT, UH, PENNY, SHE'S, UH, SHE'S THERE AND MY ARCHITECT HAS SENT EMAILS TO HER, UM, WHAT THEY HAVE, UH, DISCUSSED.
DO YOU WANNA COME DOWN FRONT AND JUST FORGIVE ME ON THE PHONE? UH, I'M SHOWING, I JUST FOR OUR RECORD, WOULD COULD I TROUBLE YOU TO INTRODUCE YOURSELF? I DON'T KNOW IF I HEARD YOU SAY YOUR NAME ON THE RECORD.
AND THEN, UH, IS IT MS. CHUNG? OKAY.
IS THAT THE, IS THAT MR. P? OKAY.
UM, I'M NOT, I'M NOT SEEING A OH, OKAY.
MR. PARK, CAN YOU HEAR US? I'M HAVING, OKAY.
SO FOLKS, WE'RE JUST WAITING ON, IT SOUNDS LIKE, UH, THE ARCHITECT IS, WE'RE JUST GETTING CONNECTED.
UM, THIS IS, UH, IS THIS MR. PARK? CAN YOU HEAR ME? I CAN HEAR YOU.
AND, UH, UH, YES, UH, GO AHEAD.
UH, FIRST OF ALL, FOREMOST, I SINCERELY APOLOGIZE FOR THE NOT BEING ABLE TO ATTEND TODAY AT HEARING IN PERSON.
UH, AND ALSO I, UH, TRULY APPRECIATE THE OPPORTUNITY TO PRESENT OUR CASE IN THIS MANNER AND HOW I, TO EXPRESS MY GRATITUDE FOR YOUR TIME AND, UH, CONSIDERATION.
MY NAME IS MI PARK AND I'M AN ARCHITECT FOR THE PROPERTY LOCATED AT THE 5 33 8 TENDER CREEK.
AND FROM THE BEGINNING, OUR PLAN WAS THE DEMOLITION OF THE, UH, EXISTING STRUCTURE IN THE BUILD, BUILD A NEW ONE.
HOWEVER, DUE TO, UH, MULTIPLE REJECTION OF OUR DEMOLITION PERMIT, WE SPREAD THE ALTERNATIVE APPROACHING, INCLUDING THE PARTIAL DEMOLITION AND, AND THE INNOVATION VISIBILITY STUDY IN THE 2024.
UH, UNFORTUNATELY, AFTER FURTHER, UH, EVALUATION, IT BECOMES CLEAR THAT THE STRUCTURE WAS UNSAFE AND THE PARTIAL DEMOLITION WAS NOT IN VISIBLE BILLABLE, UH, VISIBLE, UH, OPTION BE OPTION.
BECAUSE OF THIS, WE HAVE DECIDED TO PROCEED OF THE POOL DEMOLITION ONCE AGAIN, BUT, BUT OUR TIMELINE OF THE EVENT, REASON FOR DELAYS, THE 2023 INITIAL POOL DEMOLITION PLAN, PERMIT REJECTION, OUR ORIGINAL PLAN WAS THE COMPLETE DEMOLITION, THE, THIS INSTRUCTION AND THE STRUCTURE NEW BUILDING.
WE SUBMITTED A MULTIPLE DEMOLITION PERMIT APPLICATION, BUT IT WAS REJECTED DUE TO THE VARIOUS ISSUE WITH THE, UH, DOCUMENTATION AND THE CITY REQUIREMENT.
UH, IT'S NOT REALLY COMMON SENSE IN THE HOUSTON, WE HAVE A DEMOLITION, UH, PERMIT IS EASILY GETTING, BUT THE AUSTIN WASN'T, UH, SAME AS OUR HOUSTON.
THAT THAT WAS A, UH, MAIN, UH, PROBLEM WAS WE ARE TAKING, UH, LONGER TIME WHILE THE, UH, LONGER TIME I THINK IT IS, UH, UH, THE, THE PROPERTY HAS BEEN, HAS BEEN, UH, KIND OF, UH, DECLINED CONDITIONS LIKE, UH, UH, UH,
[00:25:01]
DO, UH, THERE IS A UNSAFETY REASON THAT DURING THE, UH, LONG PROCESS, THE SITE BECOMES INCREASINGLY UN UNSAFE DUE TO THE TRESPASSING, VANDALISM, AND THE ILLEGAL DUMPING MONITORING.THE SITE WAS EXTREMELY CHALLENGING AS OUR CLIENT IS BASED ON HOUSTON MAKING PRECON VISIT TO THE PROPERTIES REALLY DIFFICULT HOME NEEDS INDIVIDUAL, UH, BEGAN USING THE PROPERTY AS A SECTORS FURTHER DAMAGING THE STRUCTURES THAT DESPITE THE EFFORT TO SECURE THE BUILDING BY THE REINFORCING LOCKS AND THE REMOVING THE TPAS, THIS MEASURE WAS INEFFECTIVE.
UH, OUR GENERAL CONTRACTOR ALSO WENT, UH, UH, ATTEMPTED TO CLEAR THE SITE, BUT WAS MET WITH THE GRID THREAT THREAT FROM THE TRANSFER TRESPASSERS FORCING THEM TO LEAVE.
SO WE COULDN'T REALLY CONTROL THAT SITE.
WE ONLY NEED TO GET A DEMOLITION PERMIT AND, UH, DEMO THAT PLACE.
SO DUE TO THE CONTINUED DEMOLITION PERMIT REJECTION AND LACK OF THE CLAR CLARITY ON THE COLLECTION, WE SEARCHED FOR THE QUALIFIED THE PERMIT AGENT IN
THE PROCESS TOOK SOME TIME AS WE HAD TO CAREFULLY THAT THE CANDIDATES, SO EVEN THE NARROWING IT DOWN TO KS PERMITTING COMPANY WHOM WE ARE NOW WORKING WITH KS COM, UH, PERMITTING IS ASSISTING US TO RESUBMITTING ALL REQUIRED DOCUMENTA DOCUMENTATION CORRECTLY, ADDRESSING THE PAST REDUCTION AND ASSURING THE FULL COMPLIANCE WITH THE CITY REGULATIONS.
SO WE ARE NOW FULLY COMMITTED TO THE PROCESS PROCEEDING WITH A FULL DEMOLITION.
AS SOON AS WE, THE PERMIT IS APPROVED, THE ENSURE SAFETY, WE ARE SECURING ALL THE OPENING WITH THE CLIENT AND CLEARING THE ACCUMULATE WASTE FROM THE SITE REGULARLY.
OUR CLIENT IS ALSO PREPARING TO MOVE TO AUSTIN, WHICH WILL ALLOW FOR BETTER SITE MONITORING THE MOVING FORWARD, ONCE THE DEMOLITION IS COMPLETED, THE CONSTRUCTION BEGIN, THE SITE WILL BE PROPERLY SECURED, AND THE SAFE, HIGH QUALITY BUILDING WILL BE DEVELOPED.
WE FULLY, UH, AN ANNOUNCEMENT THAT THE, THE CONDITION OF THE PROP PROPERTY HAS WORSENED OVER TIME.
AND WE DEEPLY, UH, REGRET THAT THE IMPACT THIS HAS BEEN HAD A SURROUNDING AREA THAT THE DELAY WERE CAUSED BY THE PERIOD PERMIT REJECTIONS, THE VISIBILITY STUDY, AND THE LIMITED SITE MONITORING.
DUE TO OUR CLIENT DECIDING IN THE HOUSTON, DESPITE THE, THE CHALLENGING WE ARE, WE HAVE MADE, REMAINED COMMITTED TO RESOLVING THE ISSUE AND TAKING THE NECESSARY STEP TO MOVE FORWARD RESPONSIBLY.
WITH THE KS PERMITTING NOW ASSISTING US, WE ARE CON CONFIDENTLY THAT WE WILL SECURE THE DEMOLITION PERMIT AND MOVE FORWARD AS PLANNED.
ONCE AGAIN, I, I SINCERELY APPLAUD FOR THE BEING ABLE TO ATTEND IN THE PERSON TODAY AND TRULY APPRECIATE YOUR TIME AND CONSIDERATION AND REVIEWING THIS MATTERS.
UM, SO I, AT THIS TIME, UH, LET ME, UM, INVITE, UH, THE, THE CODE OFFICIAL.
DO YOU HAVE ANY QUESTIONS FOR, FOR MR. PARK OR, UH, INSPECTOR OR, I DON'T, NO.
THEN, UM, MY FELLOW COMMISSIONERS, THE, THE QUESTIONS FOR EITHER, EITHER SIDE, UH, VICE CHAIR CAMPBELL, UH, THIS QUESTION GOES OUT TO THE PROPERTY OWNER AND THE REPRESENTATIVES HERE.
UM, SO THE ORDER THAT WE HAVE IN FRONT OF US, THE PROPOSED ORDER, UM, WOULD ASK Y'ALL TO REPAIR THE STRUCTURE.
NOW THAT IS, THAT'S BEEN EXPLAINED TO US THAT DEMOLITION CAN ALSO SATISFY THAT AND AVOID PENALTIES.
BUT I'M WONDERING IF FROM Y'ALL'S PERSPECTIVE, YOU WOULD PREFER US DO A DEMOLITION ORDER, BECAUSE IT SEEMS LIKE Y'ALL ARE ON BOARD WITH DEMOLISHING THE PROPERTY.
IT SEEMS LIKE THAT'S ALREADY THE INTENTION, AND THAT SEEMS LIKE IT MIGHT BE EASIER FOR EVERYONE.
UM, I'M JUST WONDERING IF THE PROPERTY OWNER WOULD LIKE ANY CHANGE TO THE ORDER THAT WE HAVE IN FRONT OF US.
UM, AND IF CHANGING IT TO A DEMOLITION ORDER MIGHT BE MORE AMENABLE, UHHUH,
BUT I DON'T KNOW HOW MUCH IT WOULD COST, UH, VERSUS, UH, US DOING VERSUS YOU GUYS, UH,
BUT, UH, IF IT'S, UH, YOU KNOW, WE, UH, IF YOU FEEL LIKE IT'S, IF IT'S, UH, PRICING IS SIMILAR TO WHAT HA WHEN, UH, IF WE DO IT, UH,
[00:30:01]
YES, I THINK IT WOULD, UH, MINIMIZE, UM, UM, THE, THE HEADACHES FOR THE CITY AND FOR US.I THINK IF I MAY FOLLOW UP, UM, TO BE CLEAR, IF WE ENTER THE DEMOLITION ORDER, IT WOULD STILL BE ASKING Y'ALL TO DEMOLISH THE PROPERTY.
SO IT WOULDN'T BE THAT THE CITY COMES IN AND TAKES IT.
YEAH, IT WOULD ESSENTIALLY SAY Y'ALL ARE SUPPOSED TO DEMOLISH THE PROPERTY, AND IF YOU DON'T, WITHIN A CERTAIN TIMEFRAME, THE CITY CAN STEP IN TO DO THAT, BUT OH, AFTER A CERTAIN PERIOD OF TIME, IT TAKES A WHILE.
SO REALLY, WE'D BE ASKING Y'ALL TO MOVE FORWARD WITH ALL'S PLANS TO DEMOLISH THE PROPERTY.
I, I THINK THAT WILL BE A TIME MORE TIMELY.
UM, BECAUSE WE'RE READY, UH, OUR CONTRACTORS HAVE BEEN READY, SO AS SOON AS WE GET THAT ORDER, WE COULD, YOU KNOW, GET IT DONE FAST.
UH, MR. PARK MAYBE? I MEAN, I, YES, YES.
I THINK, I THINK WE GIVE, GIVE US ABOUT 30 DAYS AND WE'LL GET THE, UH, THE DEMOLITION PERMIT APPROVED.
THEN WE'LL START THE, UH, DEMOLITION, THAT'S SPACE.
UM, WAS THAT, WAS THAT ALL VICE CHAIR? OKAY.
YEAH, I'M GONNA RECOGNIZE COMMISSIONER, UH, FRANCIS, AND THEN I'LL COME BACK TO YOU.
UH, QUESTION FOR STAFF IS THERE'S SOMETHING THROUGH THE NOTIFICATION PROCESS IF WE DEVIATE FROM JUST REPAIR TO DEMOLISH THAT DOESN'T, ISN'T COPACETIC, IS THAT, CAN WE MAKE THAT CHANGE? OR IS THERE SOMETHING IN THE, THAT PROCESS THAT NEEDS TO BE DIFFERENT THAN WHAT WE'VE DONE? UH, MARLENA WRIGHT SUPERVISOR WITH THE, UH, CASE REVIEW AND ESCALATIONS DIVISION? UH, NO.
YOU WOULD JUST NEED TO MAKE THAT AMENDMENT AMONGST YOURSELF AND MAKE SURE THAT THE VOTE PASSES.
UH, ED, UH, COMMISSIONER S THANK YOU.
CAN WE, UM, EXPLORE, UH, REQUIRING THE PROPERTY OWNER TO PUT UP A PERIMETER FENCE UNTIL THEY DEMOLISH THE BUILDING? 'CAUSE WHAT I HEARD IS THAT, UM, CURRENTLY THERE ARE PEOPLE WHO ARE EXPERIENCING HOMELESSNESS, CAMPING OUT ON THE PROPERTY AND CREATING PROBLEMS THERE.
AND I'M WONDERING IF WE COULD REQUIRE A PERIMETER FENCE TO BE ERECTED UNTIL THE PROPERTY IS DEMOLISHED.
I THINK THAT WE CAN SET UP THE, YES, WE CAN SET UP THE FENCE, BUT, UH, I STILL PRAY THAT EVEN IF WE DID IT, THEY WILL BREAK THE, THE FENCE AND GO GET IT INSIDE.
BUT, UH, WE'LL, YES, WE CAN DO THAT.
I, I THINK, UH, COMMISSIONER S WAS THAT RESPONSIVE OR WAS YOUR, WERE YOU MORE INTERESTED IN HEARING WHETHER THE CITY HAD A THOUGHTS ON HOW WELL HE'S WILLING TO DO IT THEN? I THINK THAT THAT WOULD MITIGATE SOME OF THE CONCERNS THAT THE NEIGHBORHOOD HAS.
CAN WE MAKE THAT PART OF THE ORDER? UM, OKAY.
IS ELAINE GARRETT, ASSISTANT DIRECTOR, UH, I HAVE A QUESTION FOR THE OWNER AS WELL.
UH, WILL, WE'LL HELP THAT, AND I DON'T KNOW IF YOU HAVE IT IN ORDER, BUT A, A CRIMINAL TRESPASS NOTICE.
UH, HAVE Y'ALL OBTAINED ONE? DO I YES, WE DO HAVE SOME ON THE PROPERTY.
SO, UM, UH, VICE CHAIR, UH, IF I CAN JUST ASK CITY STAFF, UM, FOR THE SAKE OF MAKING, UH, MY, THE MOTION GO QUICKLY, COULD I GET JUST AN ORDER, LIKE A DRAFT ORDER THAT HAS THE DEMOLITION ORDER SO I CAN JUST KIND OF COPY THE LANGUAGE IF WE DO THAT? THAT WOULD BE FANTASTIC.
YEAH, IT LOOKS LIKE MELANIE ALLEY WILL PULL THAT UP.
BUT JUST TO GO BACK TO THE FENCING ISSUE, YOU WOULD NEED TO MAKE AN ORDER, UH, A TIMEFRAME IN YOUR ORDER OF WHEN YOU WOULD WANT THAT FENCE TO BE PUT UP, WHICH COULD BE SEPARATE FROM THE, THAT WHICH WOULD THE DEMOLITION, WHICH COULD BE SEPARATE FROM THE AMOUNT OF TIME YOU GIVE THEM TO COMPLY WITH A DEMOLITION.
UM, MY CONCERN WAS IF IT TAKES UP TO SIX MONTHS TO HAVE A DEMOLITION OCCUR, THERE'S ALL SORTS OF HAVOC THAT COULD BE CREATED IN THE NEXT SIX MONTHS.
AND, AND SO I THINK A PERIMETER OFFENSE WOULD SOLVE SOME OF THOSE PROBLEMS. OKAY.
IF WE COULD MAYBE HAVE MORE OF THIS DISCUSSION AFTER THE PUBLIC HEARING HAS BEEN CLOSED.
UH, SO I THINK, UM, WITH THAT IN MIND, UM, LET ME ASK, LEMME DO TWO THINGS.
I HAVE A QUESTION FOR, UH, THE, THE OWNERS, UH, OR, UH, OR MR. PARK.
UM, DO YOU HAVE AN ISSUE WITH THE, THE TIMEFRAME? I, I DON'T KNOW WHAT YOUR, YOUR, YOUR PERMITTING COMPANY HAS TOLD YOU, BUT, SO THIS, THIS ORDER, IT GIVES YOU 45 DAYS TO COMPLY WITH FINES TO BEGIN ACCRUING WITH PENALTIES TO BEGIN ACCRUING ON THE 46TH.
DO YOU HAVE AN ISSUE WITH THAT? DOES THAT SEEM I, UH, I BELIEVE THAT WE DO NEED A LITTLE BIT MORE TIME BECAUSE WE, WE NOT IN THE FULL CONTROL OF THE PROCESS OF HOW TO GET A DEMOLITION PERMIT.
I KNOW THAT THE AGENCY RIGHT NOW PROMISE US, YOU KNOW, 30 DAYS, 45 DAYS, BUT
[00:35:01]
SOMETIMES IT MAY LAST LONGER.DEPENDS ON HOW MANY ITEMS THAT IT NEED TO SOLVE.
DO YOU HAVE AN IDEA ON, ON HOW, HOW MUCH TIME YOU'D LIKE OR, UH, UM, I ALWAYS REFER THAT, UM, ANSWER TO MR. PARK IF, UM, MR. PARK, I KNOW THAT YOU STAY ABOUT LIKE 30, 45 DAYS, BUT YOU HAVE ANY PREFERRED TIMEFRAME, MR. PARK? UH, YES.
I THINK THE, WHEN I SPOKE WITH THE, THE PERMIT AGENT, SHE SAID IT IS, UH, UH, IT'S KIND OF EASY TO PROCEED.
SO, UH, YES, UH, I THINK WE ARE, UH, THE GETTING THE STRAIGHT DIRECTION TO DO THE, UH, THE DEMOLITION PERMIT.
SO I, I THINK I CAN TAKING CARE OF THAT, UH, APPROVAL FROM THE CITY, UH, WITHIN 30 DAYS, UH, EVEN, EVEN EARLIER MAYBE.
THEN WE CAN, UH, MEANWHILE WE GONNA HAVE A FENCE AROUND THE PROPERTY TO SECURE THE, UH, THE, UH, SPACE.
UH, SO IT'S, IT, IT SOUNDS AS THOUGH WHEN YOU SAY 30 DAYS, YOU DON'T MEAN IN ADDITION TO THE 45, YOU, YOU MEAN THAT, THAT THE, THE TIME SET FORTH IN THE ORDER DOES NOT SOUND PARTICULARLY ONEROUS TO YOU, AM I, IS THAT CORRECT? CAN, CAN WE GET, UM, LET'S SAY ADD 10 MORE DAYS AND 55 JUST IN CASE? WOULD IT BE POSSIBLE? YEAH, WE CAN GO UP TO, SO WE, WE HAVE TO VOTE ON IT, OBVIOUSLY, BUT I, IT'S LONGER THAN BEAR, BUT I MEAN, I, I PERSONALLY, WE REALLY WANT TO STIMULATE, YOU KNOW, OURSELVES, SO WE DO NOT WANT TO DELAY IT, BUT IT'S BEEN SUCH A DIFFICULT PROCESS JUST IN CASE.
BUT, UM, HOPEFULLY IT WILL BE 30 DAYS.
AND THEN, UM, SO LET ME, UM, DO YOU HAVE ANY, UH, SUMMATION, ANY, ANY FINAL THOUGHTS BEFORE WE, WE CLOSE THE PUBLIC PART OF THE HEARING? I APOLOGIZE FOR ALL THE, UH, NUISANCE, UH, FOR MY NEIGHBOR ESPECIALLY, AND, UH, WE'LL TAKE CARE OF THIS RIGHT AWAY.
UH, WE'VE BEEN WANTING TO TAKE CARE OF THIS, BUT THIS IS, UM, WE HAVE MANY PROBLEMS WITH, UH, CONTRACTORS FINDING THE RIGHT, UM, PERMITTING PROCESS.
SO NOW I THINK WE KNOW AND, UH, WE'LL GET THIS THING DONE RIGHT AWAY.
AND IF I COULD JUST ASK YOU TO REMAIN AT YOUR PHONES, UH, WE, UH, THIS, THIS WILL CONCLUDE THE, UH, SORT OF A AFFIRMATIVE PART OF YOUR PRESENTATION, BUT IF WE DO HAVE ADDITIONAL QUESTIONS ONCE WE BEGIN DISCUSSION, UH, IT WOULD BE HELPFUL IF YOU COULD JUST REMAIN, REMAIN PRESENT.
AND THEN, UM, I'LL, SAME QUESTION.
DO YOU HAVE ANY FINAL, UH, INSPECTOR, DO YOU HAVE ANY FINAL THOUGHTS BEFORE WE, I I ONLY WANTED TO SPOTLIGHT WHAT THE COMMISSION'S ALREADY STATED, THAT A DEMOLITION CAN CLOSE THE REPAIR ORDER MM-HMM
IT'S NOT NECESSARY ORDER, AND THEN THE OWNER CHOOSES TO DEMOLISH IT CLOSES THE ORDER.
UH, WITH THAT, UH, I WILL, UM, I DON'T NEED A MOTION TO CLOSE THE PUBLIC OR DO I, WE, WE, WE TYPICALLY DO WE DO OKAY.
AS PART OF OUR PROCEDURE? MOVE TO CLOSE THE PUBLIC HEARING.
SO ON THE MOTION OF COMMISSIONER FRANCIS, A SECONDED BY, UH, COMMISSIONER LOCKHART TO CLOSE THE PUBLIC HEARING, ALL IN FAVOR SAY AYE.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
UH, AND WE WILL MOVE INTO THE DISCUSSION PORTION.
AS ALWAYS, UH, THE DISCUSSION IS PURSUANT TO A PENDING MOTION.
SO, UH, I'LL, AT THIS TIME, I'LL ENTERTAIN ANY MOTIONS AS TO THE, UH, STAFF'S RECOMMENDED ORDER, UH, OR RELATED
UH, VICE CAMPBELL I WILL MOVE TO ADOPT, UH, STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING, UH, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAINED, AND FINALIZED ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL LINE OF THE COMMERCIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE ANY DEBRIS LEAVING THE LOT CLEAN, RAKE AND C REQUEST INSPECTION FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES, UH, SUCH AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ACCESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED OF RECORDS INTO SHE LALU AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
[00:40:01]
15 DAYS, THE PROPERTY BE SECURED WITH A PERIMETER FENCE.AND THAT IF IT HAS NOT BEEN BY THE 16TH DAY, THAT A FINE OF $250 A WEEK BE IMPOSED WITH FINES, WITH INTEREST ACCRUING AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
VICE CHAIR, DO WE HAVE A SECOND? SECOND.
UH, SO ON THE MOTION OF, UH, VICE CHAIR CAMPBELL IS SECONDED BY COMMISSIONERS LOCKHART AND SIG.
I THINK WE PEOPLE WERE CLAMORING TO SECOND.
UM, IS THERE ANY DISCUSSION ON THE MOTION? I'LL BEGIN BY RECOGNIZING VICE CHAIR CAMPBELL AS THE AUTHOR OF THE MOTION, UH, FOR ANY DISCUSSION.
IT SEEMS LIKE THIS, UH, ADDRESSES THE ISSUES THAT WERE BROUGHT UP BOTH BY THE PROPERTY OWNERS AND BY COMMISSIONER SIG.
UM, IF Y'ALL WOULD LIKE TO MAKE A SUGGESTION AS TO CHANGING THE TIMEFRAME FOR DEFENSE, THAT WOULD ALSO BE FINE, BUT THIS IS THE MOTION ON THE TABLE.
IS THERE ANY FURTHER DISCUSSION? I HAD A COMMISSIONER ORVI, I HAD A QUESTION FOR CITY STAFF.
UM, I DON'T KNOW HOW THE DEMOLITION PROCESS THROUGH THE CITY WORKS, BUT IS GETTING A DEMOLITION ORDER GONNA AFFECT THAT PROCESS? MAKE IT EASIER IN ANY WAY? NO, IT WILL NOT.
WE'LL STILL MOVE THROUGH THE REGULAR PROCESS.
UH, THEN I, I WOULD LIKE TO MOVE TO AMEND TO 55 DAYS, UH, FOR THE DEMOLITION PROCESS.
SO WE HAVE A, UH, A PROPOSED AMENDMENT BY COMMISSIONER TOM LOVICH.
IS THE AMENDMENT ACCEPTABLE TO THE AUTHOR? YES.
SO THE WAY I BELIEVE THE RULES, I BELIEVE THE PREFERRED APPROACH HERE IS TO, UH, ADOPT THE AMENDMENT TO THE PENDING, SECONDED MOTION.
FIRST, LET THAT STAND AND FALL ON ITS OWN, AND THEN PROCEED BACK TO THE MAIN MOTION AS AMENDED IF THE AMENDMENT PASSES OR HAS NOT AMENDED IF THE AMENDMENT FAILS OF ADOPTION.
UH, SO, UH, THIS IS ON THE AMENDMENT OF COMMISSIONER THAM LOVICH, UH, TO THE MOTION OF VICE CHAIR CAMPBELL.
AS A REMINDER, VICE CHAIR CAMPBELL'S MOTION WOULD ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, BUT CHANGE IT TO A DEMOLITION ORDER FROM A REPAIR ORDER, AND THEN, UH, HAVE AN ADDITIONAL WITHIN 15 DAYS, AN ADDITIONAL FENCING REQUIREMENT AS DISCUSSED.
UH, COMMISSIONER TAMM VIC'S AMENDMENT, UH, WOULD CHANGE THE 45 DAY, UH, COMPLIANCE PERIOD TO 55 DAYS WITH FINES ON THE 56TH AS OPPOSED TO THE 46TH.
AND, UH, SO FOR THAT, UH, THAT WE'RE ON THE AMENDMENT, AND I'M JUST GONNA DO A ROLL CALL VOTE AND I'LL BEGIN WITH COMMISSIONER MVI.
THERE BEING, UH, SEVEN AYES AND NO NAYS.
THE, UH, TAM AMENDMENT IS ADOPTED AND WE ARE BACK ON THE MAIN MOTION.
IS THERE FURTHER DISCUSSION ON THE MAIN MOTION? OKAY.
SO MEMBERS, YOU'VE HEARD THE MOTION, THE MOTION AS ADOPTED, UH, CHANGES FROM A REPAIR TO A DEMOLITION WITH 55 DAY COMPLIANCE, UH, 15 DAYS TO PUT UP THE FENCE.
UH, AND AGAIN, THIS WILL BE A ROLL CALL VOTE, AND I'LL BE, I'M SORRY, SIR, I'M SORRY.
FOR THE RECORD, COULD YOU ALSO RESTATE THE FINE THAT OH, CERTAINLY.
SO FOR THE RECORD, UH, SO THE, UH, THE PRINCIPAL FINE IS A THOUSAND DOLLARS PER WEEK, UH, FOR THE, UH, PARDON ME.
I'M SORRY IF, IF I MAY, UM, RECOGNIZING VICE CHAIR CAMPBELL, THE, THE TI THINK THAT ARE TYPICAL DEMOLITION ORDERS, AND THIS IS THE ONE THAT I HAVE, UH, IN FRONT OF ME, LIKE A, A DRAFT FROM PREVIOUS TIMES.
IT DOESN'T ACTUALLY IMPOSE A FINE FOR NOT HAVING COMPLETED THE DEMOLITION ON THE 46TH TODAY, BUT AUTHORIZES THE CITY TO STEP IN AND DO SO.
BUT THERE WOULD BE A FINE FOR FAILURE TO COMPLY WITH THE SECURE ORDER.
IS THAT, IS THAT MY, AND TO BE CLEAR, THAT'S WHAT I WAS REFERENCING.
AND THAT IS THE NORMAL THING FOR DEMOLITIONS.
AM I CORRECT THAT? SO, SO FOR, TO BE CLEAR, THE DEMOLITION PORTION THAT DOES NOT HAVE A FINE, THAT IS ASSESSED, UM, THIS IS A TWO PART ORDER.
SO WE'RE ORDERING BOTH DEMOLITION, BUT WE'RE ALSO ORDERING THAT THEY SECURE RIGHT.
THE PROPERTY WITH A PERIMETER FENCE.
AND MY UNDERSTANDING FROM YOUR, YOUR MOTION VICE CHAIR IS THAT THIS FINE WOULD BE IMPOSED ON THE 16TH DAY IF THE PERIMETER FENCE IS NOT PUT INTO PLACE.
SO AGAIN, TWO, TWO DIFFERENT PE UH, COMPONENTS.
SO JUST TO CLARIFY, AND I SHOULD BE CLEAR NOW, BUT, UM, YEAH, SO THE MOTION IS, UH, TO CHANGE IT FROM A REPAIR TO A DEMOLITION
[00:45:01]
55 DAYS.UH, AND THEN AS A SEPARATE, UH, PART OF THE ORDER, A 15 DAY, UH, PERIOD IN WHICH TO FENCE THE PROPERTY WITH A $250 PER WEEK FINE TO ACCRUE ON THE 16TH DAY FAILING THAT THIS WILL BE A ROLL CALL VOTE.
AND AGAIN, I'LL BEGIN WITH COMMISSIONER TOVI.
AYE, UH, COMMISSIONER OLUGO? AYE.
THERE BEING SEVEN AYES, NO NAYS.
THE, UH, THE MOTION AS AMENDED IS ADOPTED.
UM, DO THE OWNERS HAVE ANY QUESTIONS OF THE COMMISSION OF THE CITY? UM, I ACTUALLY DO HAVE A QUESTION ABOUT THE FANS.
LIKE, UM, RIGHT NOW WITH THE SHORT OF MANPOWER AND OVERLOADING ON THE CONSTRUCTION SITE, CAN WE ACTUALLY HAVE LIKE AT LEAST 21 DAY INSTEAD OF 15 DAYS? BECAUSE SOMETIME WHEN WE TALK TO DEFENSE COMPANY IS TAKE THEM ABOUT LIKE ONE WEEK AT LEAST FOR THEM TO GET OUR ORDER.
WELL, THE, SO THE, THE, THE MOTION HAS ALREADY BEEN ADOPTED, SO WE'VE CONCLUDED THAT PORTION OF IT, BUT I, I WOULD JUST RECOMMEND THAT YOU STAY IN COMMUNICATION WITH, UH, THE INSPECTOR AND, AND JUST SORT OF WORK, WORK WITH HIM ABOUT THAT.
YEAH, WE WILL TRY OUR BEST TO DO IT QUICK AS WE CAN.
JUST ASKING FOR A FAVOR HERE, SO, OKAY.
SURE THING, UH, THE ORDER WILL BE MAILED AND, UH, I WANT TO THANK YOU FOR BEING HERE THIS EVENING AND, UH, UM, MR. PARK AND MS. KU ON THE PHONE, THANK YOU, UH, AS WELL FOR YOUR TESTIMONY TONIGHT.
AND, UM, I'LL TURN IT OVER TO THANK
[3. Case Number: CL 2025-002138]
YOU, UH, TO JAMES FOR OUR NEXT, UH, ITEM, WHICH IS ITEM NUMBER THREE.ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER SEAL 2 0 2 5 DASH 0 0 2 1 3 8, AND IS REGARDING A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT 1 8 0 3 BRIAR HILL DRIVE.
THE EXHIBITS CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A SINGLE FAMILY RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN OCTOBER, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE TRADE PERMITS FOR THE CURRENT DEFICIENCIES.
CONDITIONS ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, A NOTICE OF VIOLATION, NOTICE OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING IN THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO E IN THE RECOMMENDED ORDER CODE INSPECTOR JASON HENLEY IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR HENLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INSPECTOR FOR THE DEVELOPMENT SERVICE CO DEPARTMENT.
THIS CASE I'M PRESENTING TONIGHT BEFORE YOU CONCERNS RESIDENTIAL PROPERTY LOCATED AT 1803 BRIAR HILL DRIVE, AUSTIN, TEXAS.
THE FACTS OF THE CASE ARE AS FOLLOWED ON OCTOBER 16TH, 2024.
THIS CASE WAS TRANSFERRED TO ME FROM THE 3 1 1 COMPLAINT.
UPON MY INITIAL INSPECTIONS OF THE PROPERTY, I OBSERVED THE FOLLOWING VIOLATIONS.
THE ROOFING COMPONENTS WERE DETERIORATING AND SHOWING SIGNS OF COLLAPSING FROM EXTERIOR VIEWPOINTS ON OCTOBER 16TH, 2024.
A NOTICE OF VIOLATION DETAILING THE DESCRIPTION OF THE VIOLATIONS WERE MAILED TO THE PROPERTY OWNER ON NOVEMBER 13TH, 2024.
THE PROPERTY WAS POSTED WITH A VIOLATION NOTICE FROM NOVEMBER 13TH, 2024 THROUGH FEBRUARY 14TH, 2025.
MULTIPLE INSPECTIONS OF THIS PROPERTY WERE CONDUCTED.
THE FOLLOW PHOTOGRAPHS I'M PRESENTING TO YOU WILL SHOW THE PHYSIC FOUND ON THE PROPERTY.
EXHIBIT EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE SINGLE FAMILY STRUCTURE LOCATED AT 1803 BRIAR HILL, AUSTIN, TEXAS.
ALSO ON TWO A, IF YOU COULD BLOW THAT ONE UP FOR ME, YOU COULD SEE ON THE TOP OF THE RIDGE LINE THERE'S TWO HOLES, ONE OVER THE DRIVEWAY RIGHT THERE, AND THEN ONE OVER THE ENTRY POINT.
THERE'S ANOTHER HOLE ON THE TOP OF THE RIDGE.
THIS IS JUST A DIFFERENT ANGLE POINT SHOWING THAT YOU CAN SEE THE TWO HOLES STARTING ON TOP OF THE ROOF.
ONE HOLE HAS ALREADY BEEN PATCHED ON THE RIGHT SIDE BY THE CHIMNEY ON THIS PHOTO.
NEXT PHOTO EXHIBIT TWO C SHOWS THE PHOTO FROM THE SOUTH FACING ROOF WITH THE SHINGLES FALLING OFF IN THE BUILDING AND STARTING TO DECAY.
NEXT PHOTO EXHIBIT EXHIBIT TWO BD IS A PHOTO FROM THE BACKSIDE OF THE PROPERTY.
YOU CAN SEE THAT THE RIDGE LINE CAP AT THE TOP OF THE ROOF
[00:50:01]
IS BLOWN OFF AND THEN THE SAGGING IS STARTING RIGHT BELOW THE CHIMNEY SIDE AND THEN ALSO TO THE RIGHT OF THE CHIMNEY AT THE SAG OF THE ACTUAL CONSTRUCTION OF THE UH, ROOF LINE.WITH THIS, I CONCLUDE MY PRESENTATION AND STRONGLY URGE THE COMMUNITY MEMBERS TO ADOPT THE STAFFING RECOMMENDED ORDERS.
OKAY, UH, THANK YOU INSPECTOR.
AND I DO SHOW THAT THE PROPERTY IS, UH, UH, IS REPRESENTED, UH, SHARE, OH, I'M SORRY, GO AHEAD.
SO YOU NEED ME TO ADMIT EXHIBITS AND SUCH, RIGHT? 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'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
E STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
UH, THANK YOU, UH, MR. EVERYONE.
UM, UH, SO AT THIS TIME, UH, IF THERE'S NO OBJECTION, I WILL ADMIT, UH, STAFF'S EXHIBITS ONE AND TWO A THROUGH TWO E AND I ALSO SHOW THAT WE HAVE AN EXHIBIT FROM THE PROPERTY OWNER REPRESENTATIVES JUST FOR UM, SAKE OF EFFICIENCY.
I'LL, I'LL GO AHEAD AND ADMIT THAT AS WELL WITHOUT OBJECTION, HEARING NONE THE, UH, EXHIBITS ARE ADMITTED.
UH, AND I SHOW IS IT A, UH, TIM O'BRIEN.
AND ARE YOU BOTH PLANNING TO SPEAK THIS EVENING? A GOOD EVENING? UH, I'LL, I'LL BE PRINCIPALLY SPEAKING, WE'RE BOTH REGISTERED TO SPEAK IF NECESSARY.
ANY QUESTIONS? WERE YOU SWORN PREVIOUSLY WHEN WE WERE? YES.
THEN I'LL LET YOU PLEASE PROCEED.
UM, MY NAME IS TIM O'BRIEN, MY WIFE CATHERINE ALTO BEO, AND OUR DAUGHTER MARGUERITE AND I ARE HERE ON BEHALF OF HELEN MARGUERITE PETERSON ALTO BEO, WHOSE RESIDENTIAL DUPLEX AT 1803 BRIAR HILL DRIVE IS THIS SUBJECT OF THIS AGENDA ITEM.
UH, MY PURPOSE IS TO RESPOND TO OFFICER HENLEY WITH WHOM WE HAVE HAD A GOOD AND COMMUNICATIVE RELATIONSHIP, BUT I HAVEN'T ACTUALLY SEEN IN PERSON UNTIL TONIGHT.
SO JASON, GOOD TO MEET YOU OFFICIALLY, UM, UH, TO ADDRESS THE CONCERNS OVER WHICH, UH, THE CITY ISSUED THE CITATION.
AND FINALLY, TO GIVE THIS COMMISSION AN UPDATE ON THE FAMILY'S PLANS FOR THIS PROPERTY, AS WELL AS A PROGRESS REPORT ON OUR STEPS TOWARD, UH, THOSE PLANS AND GOALS.
AND I WOULD REFER YOU TO OUR NARRATIVE REPORT AND SUPPORTING DOCUMENT FOR ELABORATION.
IF YOU CARE TO, UH, WE'RE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE TO THE BEST OF OUR ABILITY IN SHORT, AS OF JANUARY, UH, THE SET GOAL OF OUR FAMILY IS TO DEMOLISH THE DUPLEX, CURRENTLY STANDING AT 1803 TO BRING THE PROPERTY INTO COMPLIANCE WITH CODE AND STANDARDS.
THIS CAN BE A SIMILAR CONVERSATION, I THINK, TO THE ONE WE JUST HAD, UM, AND THEN, UH, TO SELL OR REBUILD THE PROPERTY AT SUCH TIME THAT ONE OR OTHER COURSE OF ACTION BECOMES FINANCIALLY SENSIBLE.
WE DO NOT CONTEST OFFICER HENLEY'S ASSERTIONS THAT THERE ARE ISSUES WITH THE PROPERTY THAT CAUSE IT TO BE OUT OF CODE.
WE HAVE GONE INTO SOME DETAIL ON THE PROCESS BY, AND REASONS FOR WHICH THE HOUSE ENDED UP IN THAT STATE AND OUR EMAILED NARRATIVE.
BUT THE HEART OF THE MATTER IS THAT THE STRUCTURE WHICH WAS BUILT IN, UH, 1971 ON INSUFFICIENTLY COMPACTED CONSTRUCTION FILL, UH, BEGAN TO SINK.
AND ULTIMATELY, THE POST TENSION SLAB ON WHICH IT WAS BUILT, FAILED AND WATER ENTERED THE STRUCTURE TO INCREASING DEGREES OVER TIME.
MRS. ELLA MADE SOME ATTEMPTS TO ADDRESS THESE PROBLEMS SOME YEARS AGO.
SHE WAS THE ORIGINAL OWNER, BY THE WAY OF THIS, UH, IS THE OWNER AND WAS IS THE SOLE AND ONLY OWNER OF THIS PROPERTY OVER TIME.
SHE'S BEEN WIDOWED SINCE 1994.
UM, SHE MADE SOME ATTEMPTS TO ADDRESS THESE PROBLEMS YEARS AGO, UM, BUT WAS TOLD BY STRUCTURAL ENGINEERS AND FOUNDATION COMPANIES THAT TO REMEDIATE THE SITUATION, THE HOUSE WOULD NEED TO BE SUBSTANTIALLY EMPTIED.
UM, NOW HELEN IS A COLLECTOR WHO, UH, HAS, UH, UNFORTUNATELY OVER THE YEARS DEVELOPED BOTH HOARDING DISORDER AND VASCULAR DEMENTIA.
SHE'S 88 NOW, UH, IN THE YEARS FOLLOWING THE DEATH OF HER HUSBAND.
AS SUCH, THE EMPTYING OF THE HOUSE AT THAT TIME, UH, WAS QUITE IMPOSSIBLE FOR HER.
AND INDEED, IT, IT WAS NEARLY IMPOSSIBLE FOR US, HER FAMILY.
[00:55:01]
I SAY THAT CATHERINE AND I HAVE PUT HUNDREDS OF HOURS INTO THAT PROCESS.UM, AND THAT PROCESS WAS ONLY CONCLUDED THIS PAST AUGUST.
THERE'S SOME DETAIL ABOUT THAT IN THE NARRATIVE IF YOU CARE TO FOLLOW UP ON, ON ON THE SAGA.
BUT
WE CONSIDERED SELLING AS IS DEMOLISHING AND REBUILDING OR SIMPLY DEMOLISHING AND SELLING.
WE SPOKE TO SEVERAL BUILDERS, INDEED.
WE, WE SPOKE TO BUILDERS ABOUT THE PROSPECTS OF, UH, OF, OF REBUILDING, UM, FOR VARIOUS PURPOSES OVER THE COURSE OF THE FALL.
AND, UM, THOSE COURSES OF ACTION WERE DEEMED TO BE NOT FINANCIALLY, UH, STABLE AT THIS POINT.
UM, GIVEN THE CURRENT STATE OF THE REAL ESTATE MARKET AND THE COST OF CONSTRUCTION, COUPLED WITH THE CLEAR FACT THAT THE STRUCTURE CANNOT REMAIN AS IT CURRENTLY STANDS, WE'VE ELECTED TO PURSUE DEMOLITION WITH THE INTENT TO SELL OR REBUILD AT A MORE FAVORABLE TIME.
UH, IF THIS COMMISSION HAS A BETTER OPTION, WE ARE OPEN TO CONSIDERATION.
WE APPRECIATE THE PATIENCE OF CODE OFFICERS YOST, WHO FIRST HAD OUR CASE AND HENLEY IN ALLOWING US SOME LATITUDE AS WE WORK TO EMPTY THE HOUSE.
IN OUR VIEW, NO REAL PROGRESS COULD BE MADE ON THIS PROPERTY, UH, UNTIL THE CONTENTS WERE EMPTIED.
AND THAT TOOK THE TIME IT TOOK FOR REASONS UPON WHICH WE ARE HAPPY TO ELABORATE IF ASKED.
BUT HAVING REACHED THE RESOLUTION WE DID, WHICH IS TO, UH, DEMOLISH THE STRUCTURE FORTH WITH, UH, WE HAVE ALREADY TAKEN THE FOLLOWING STEPS.
UH, WE'VE APPROPRIATED FUNDS FOR DEMOLITION.
WE HAVE, UH, BEGUN, UH, THE PROCESS OF APPLYING FOR A RESIDENTIAL DEMOLITION PERMIT AND SITE PLAN.
UH, WE HAVE SOUGHT BIDS FROM VARIOUS CONTRACTORS FOR DEMOLITION.
UH, ONE OF WHICH IS, IS JUST A SAMPLE THAT WE PUT IN WITH OUR DOCUMENTS YESTERDAY.
SO YOU CAN SEE THAT WE HAVE IN FACT DONE.
SO, UM, WE VERIFIED WITH, UH, UH, KAYLIN CONTRERAS AT THE CITY OF AUSTIN HISTORICAL PRESERVATION OFFICE, THAT THERE ARE NO IMPEDIMENTS THERE.
WE'VE STOPPED UTILITIES, WE'VE SCHEDULED RE REMOVAL OF THE UTILITY METERS.
WE HAVE SOUGHT A NEW SURVEY SO THAT THE DEMOLITION CONTRACTS CAN PROCEED.
OUR NEXT INTENDED STEPS ARE TO COMPLETE THE SURVEY, SELECT A CONTRACTOR, UH, COMPLETE THE APPLICATION FOR PERMITTING, A SITE PLAN, AFFIDAVIT OF COMPLIANCE, ALL OF THE THINGS THAT NEED TO HAPPEN AND TO GET OUR APPLICATION INTO PLAN REVIEW.
SO WE'RE PROCEEDING ON THIS, UH, AND WE'RE PROCEEDING WITH IT.
UH, THE, THE IDEA THAT WE WILL DO IT AS IMMEDIATELY AS THE PROCESS OF PERMITTING AND, UM, THE PROCESS OF CONTRACTION, UH, ALLOWS NOW.
UM, SO THAT IS A FAMILY'S INTENT TO PRE PROCEED IMMEDIATELY WITH TOTAL DEMOLITION.
HOWEVER, UH, SINCE WE ARE NOT SUBSTANTIALLY IN CONTROL OF PERMIT APPROVAL TIMELINES, NOR DO WE SET DEMOLITION CONTRACTOR SCHEDULES, UM, ACCORDINGLY, WE REQUEST THE MAXIMUM GRACE PERIOD ALLOWED BEFORE REGULAR FINES COMMENCE.
UM, AND WE FEEL THIS IS JUST KIND OF, UH, A SAFETY JUST IN CASE.
UM, UH, WE UNDERSTAND THAT TIMELINE TO BE 90 DAYS.
DOES ANYBODY KNOW, IS THAT THE MAXIMUM THAT'S ALLOWED WITHOUT A SPECIAL, SPECIAL PROCESSES? YEAH, THE, THE 90 DAYS IS TYPICALLY AS AS HIGH AS WE CAN GO WITHOUT REQUIRING SOME EVIDENTIARY SHOWING ON YOUR PART, SOME OF WHICH YOU MAY HAVE PROVIDED HERE JUST BASED ON WHAT I'M LOOKING AT.
BUT, BUT, UH, TYPICALLY 90 DAYS IS TYPICAL.
UM, AND, AND OUR, OUR HOPE, I MEAN, AND WE WOULD, YOU KNOW, I MEAN, Y'ALL HAVE BEEN AROUND THIS A LOT MORE OFTEN THAN WE HAVE.
THIS IS OUR ONE AND ONLY OF THESE THINGS.
UM, BUT I MEAN, THAT SEEMS DOABLE TO US AND IT SEEMS DOABLE GIVEN THE PEOPLE WE HAVE BEEN IN CONSULTATION WITH.
WE'VE BEEN WORKING WITH LEO BOJO WITH THE, UH, TR GROUP AS A CONSULTANT.
UM, UH, AND, AND WE'VE BEEN TALKING TO THE VARIOUS, UM, DEMOLITION CONTRACTORS, UH, ABOUT THAT TIMELINE.
SO, UH, OUR, OUR HOPE IS THAT, YOU KNOW, AS, AS IS, WAS THE CASE IN THE PREVIOUS CASE THAT THE DEMOLITION WOULD CLEAR THE REPAIR ORDER? IS THAT YOUR THOUGHT AS WELL? OFFICER HENLEY? YES.
UH, AND THAT IS DEFINITELY WHAT WE INTEND TO PROCEED DOING.
WE WOULD, WE WOULD ASK FOR AS MUCH TIME AS IS, UH, REASONABLY POSSIBLE JUST AS A SAFETY HEDGE, UH, AGAINST, UH, LONG PERMIT TIMES OR SOMETHING.
AND THEN THE OTHER THING IS THAT, UM, UM, THERE ARE NO SUBSTANTIAL TREES ON THE PROPERTY.
THERE'S NO HISTORICAL BARRIER.
SO THERE ARE, THERE'S NOTHING TO INDICATE THAT THIS WOULD BE A PARTICULARLY, UH, PROTRACTED PROCESS, UM, AS, AS WE UNDERSTAND IT.
UM, BUT WE WOULD BE GRATEFUL FOR THE TIME.
AND, UH, MS. DELBELLO, OR WAS THAT FOR BOTH OF YOU?
WELL, I DO APPRECIATE, WE DO APPRECIATE YOU MY CHILDHOOD HOME.
[01:00:09]
WELL, THAT'S, IT'S A CHALLENGE.SO THANK YOU FOR BEING HERE TONIGHT.
UM, SO WHAT I'LL DO AT THIS TIME, I THINK THEY'VE COVERED A LOT, BUT IF THERE ARE ANY QUESTIONS FROM FELLOW COMMISSIONERS? OH, UM, COMMISSIONER SULLY.
I HAVE A QUESTION FOR THE INSPECTOR.
HAVE YOU NOTICED ANY INTRUSION FOR, UH, RODENTS OR ANY OTHER KINDS OF, UH, PROBLEMS ON THE PROPERTY AT THIS POINT? UH, FROM MY VIEWPOINT, NO.
VICE CAMPBELL, UH, I, I WOULD MOVE TO CLOSE THE PUBLIC PORTION OF THE HEARING.
UH, SO THE MOTION IS TO CLOSE THE PUBLIC PORTION OF THE HEARING.
UH, IT'S BEEN SEC, IT'S BY VICE CAMPBELL, SECONDED BY COMMISSIONER LOCKHART.
ALL IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.
ALL OPPOSED UH, THE AYES HAVE IT.
THE PUBLIC PORTION OF THE HEARING IS CLOSED.
IF Y'ALL WOULDN'T MIND JUST SITTING TIGHT FOR A MOMENT, THIS BASICALLY MEANS YOU DON'T HAVE ANY FURTHER AFFIRMATIVE PRESENTATION.
BUT IF WE HAVE FOLLOW UP QUESTIONS, UH, WE CERTAINLY, SO, UH, MOVING INTO DISCUSSION, OBVIOUSLY WE, WE DISCUSSED PENDING MOTIONS.
UH, SO, UH, AT THIS TIME I'LL ENTERTAIN ANY MOTION ON THE SUBJECT PROPERTY BY SIR CAMPBELL, IF I MAY.
MELANIE, COULD I GET THAT DRAFT ORDER BACK JUST SO THAT WAY I CAN SEE THE LANGUAGE FOR DEMOLITION ORDER AGAIN? UM, AND I'LL EXPLAIN WHY I, I WANNA DO A DEMOLITION ORDER AS OPPOSED TO THE PROPOSED ORDER IN JUST A SECOND HERE, BUT I THINK IT'LL BENEFIT Y'ALL.
I WOULD MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING, THAT ONE, WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE AS DEBRIS LEADING THE LOT, CLEAN AND WD AND C RESPECT INSPECTION FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON, OH WAIT, DID I SAY 45 DAYS OR DID I SAY 90 DAYS? SORRY.
UM, LET ME, I HEARD 90, I THINK YOU SAID 90.
AND TWO, ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES AND CODE AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED WITH THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTRA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT TOLL PAID IN FULL.
UH, THANK YOU VICE CHAIR MEMBERS.
WE HAVE A MOTION TO CHANGE TO ADOPT TEST FINDINGS OF FACT CONCLUSIONS OF LAW, BUT CHANGE FROM REPAIR TO DEMOLITION AND CHANGE IT FROM 45 TO 90 DAYS.
UH, SO THE MOTION IS BY VICE CHAIR CAMPBELL IS SECONDED BY, UH, COMMISSIONER FRANCIS.
UH, IS THERE ANY DISCUSSION I'LL RECOGNIZE VICE CHAIR CAMPBELL TO OPEN? UM, I JUST WANNA EXPLAIN WHY I WENT WITH THIS.
UM, IF WE ORDERED Y'ALL TO REPAIR AND SET A 90 DAY LIMIT, THEN IF FOR WHATEVER REASON Y'ALL WENT PAST THAT LIMIT, YOU COULD STILL BE ASSESSED TO FIND, UM, MY UNDERSTANDING IS THAT THERE'S AN OFFSET FOR RESIDENTIAL PROPERTIES, SO THE COST OF THE DEMOLITION COULD GO TOWARDS REDUCING THAT.
SO CHANCES ARE IF THE DEMOLITION IS DONE IN A TIMELY FASHION, THIS WOULDN'T REALLY CHANGE ANYTHING.
BUT AGAIN, THE CITY TAKES A WHILE TO DO THESE DEMOLITIONS IF IT DOESN'T GET DONE BY A PROPERTY OWNER.
AND THIS WAY, THERE'S NO CHANCE OF A FINE GETTING LEVIED IF IT GOES PAST THAT 90 DAYS.
UM, SO AGAIN, THE ONLY WAY YOU WOULD END UP OWNING MY OWNING MONEY TO THE CITY IS IF IT WERE LIKE YEARS DOWN THE LINE, THE CITY ENDS UP DEMOLISHING IT.
UM, SO YEAH, THIS IS JUST TO AVOID THAT SITUATION.
IS THERE ANY OTHER DISCUSSION? UH, HEARING NONE, I'M GONNA GO AHEAD AND PUT THE QUESTION TO THE, TO THE MEMBERSHIP.
AND SO JUST, UH, TO RESTATE THE MOTION, UH, ON THE MOTION OF QUESTION OCCURS AND THE MOTION OF VICE CHAIR CAMPBELL IS SECONDED BY COMMISSIONER FRANCIS TO ADAPT THAT FINDINGS OF FACT AND CONCLUSIONS OF LAW, BUT TO CHANGE THE RECOMMENDED ORDER FROM THAT OF
[01:05:01]
REPAIR THE DEMOLITION, UH, THE STANDARD DEMOLITION ORDER, UH, ONLY TO BE ACCOMPLISHED IN 90 DAYS.UH, AND THIS WILL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER TOM VIC.
THERE BEING SEVEN AYES AND NO NAYS.
UH, THE COPY OF THE ORDER WILL BE MAILED TO YOU.
IF YOU HAVE ANY QUESTIONS, UH, ENCOURAGE YOU TO JUST REMAIN IN CONTACT WITH EXP INSPECTOR HENLEY.
THANKS FOR BEING HERE TONIGHT.
AND THEN WITH THAT WE'LL MOVE ON TO
[4. Case Number: CL 2025-002998]
AGENDA ITEM NUMBER FOUR.WELL, YEAH, I DON'T SEE ANY REASON TO TAKE THIS ONE OUT OF ORDER.
UH, WE HAVE AGENDA ITEM NUMBER FOUR AND I DO, UH, NEED TO ACKNOWLEDGE THAT I BELIEVE COMMISSIONER TOM LOVICH IS STEPPING OFF OF THE DEUS FOR THIS ONE.
SO, UH, WE'RE GONNA BE RUNNING AT A BARE QUO, UH, FOR THIS ONE.
AND, UM, AND I'VE ADVISED BY SONYA, THE COUNSEL THAT I SHOULD EXPLAIN THE, UH, NATURE AND EXTENT OF MY CONFLICT OF INTEREST IN THIS CASE.
UH, THE PROPERTY, I LIVED THERE FOR A YEAR AS A TENANT.
UM, SO I'LL BE STEPPING BACK, UM, AND ALLOWING THE COMMISSION TO CONDUCT ITS BUSINESS WITHOUT, UH, MY INTERFERENCE OR MY OPINION.
AND THEN, UH, I SEE THAT WE HAVE AT LEAST LOOKS LIKE WE HAVE ONE IN-PERSON WITNESS REGISTERED.
THIS IS A LESLIE ZUNIGA ZUNIGA IF YOU WANT TO COME FORWARD AND, AND TAKE A SEAT NEAR THE PODIUM.
AND THEN, UM, CODE REVIEW ANALYST EVERWINE, WHENEVER YOU'RE, WHENEVER YOU'RE READY, YOU CAN PROCEED.
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2 0 2 5 DASH 0 2 9 98 AND IS REGARDING THE PROPERTY LOCATED AT 2 0 0 0 BURTON DRIVE.
UH, BUILDING 25 STAFF EXHIBITS CAN BE FOUND IN THE DARK GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A COMMERCIAL MULTI-FAMILY STRUCTURE, CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM.
THE CASE WAS OPEN IN SEPTEMBER, 2024.
UM, AFTER A PERIODIC INSPECTION, THERE ARE NO ACTIVE TRADE PERMITS TO DEAL WITH THE CURRENT DEFICIENCIES.
THE COMMERCIAL STRUCTURE IS A PUBLIC IN AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS 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 EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR KEVIN BERRY, UM, IS HERE TONIGHT TO PRESENT THE PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INVESTIGATOR BARRY, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INVESTIGATOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE DIVISION REPEAT OFFENDER PROGRAM.
AND I'M THE CODE OFFICER CURRENTLY ASSIGNED TO THIS CASE, AND I'VE BEEN SWORN IN THE MULTIFAMILY PROPERTY I'M PRESENTING TODAY IS OWNED BY RAY HOLDINGS, LS, PLC ETAL, AND THE REGISTERED AGENT IS KELLY CLARK PC.
THE FOLLOWING PROPERTY BEING PRESENTED IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN SINCE JULY 26TH, 2024.
I WILL BE PRESENTING EVIDENCE FOR A CASE AT 2000 BURTON.
THE ARRAY APARTMENTS BUILDING 25.
THIS CASE WAS INITIALLY GENERATED WHILE CONDUCTING AN ANNUAL PERIODIC INSPECTION DURING SEPTEMBER OF 2024.
THIS IS A TWO STORY COMPLEX THAT HAS HAD NUMEROUS VIOLATIONS, LEGAL NOTICES BEEN SENT, AND THE PROPERTY HAS BEEN POSTED ALONG WITH MULTIPLE FOLLOW UP INSPECTIONS.
I'VE BEEN IN CONTACT WITH THE PROPERTY MANAGER, LESLIE ZUNIGA, VIA EMAIL AND WITH ROBERT VITALS, WITH STEALTH RENOVATIONS VIA EMAIL BUILDING 25.
STILL REMAINS IN NEED OF REPAIR AT THIS TIME ON NINE 10 OF 2024 WHILE CONDUCTING A PERIODIC INSPECTION ON THE PROPERTY, I OBSERVED THAT ON THE END OF THE BUILDING ON THE WEST SIDE, THERE WERE MAJOR CRACKS RUNNING UP THE WALL BETWEEN THE BRICKS NEXT TO THE MAILBOXES.
I OBSERVED THAT ON THE EAST SIDE THE CONCRETE RETAINING TYPE WALL HAD MAJOR CRACKING, WAS PULLING AWAY FROM THE BUILDING.
ON NINE 12 OF 2024, I POSTED A YELLOW WARNING PLACARD BY THE CRACKING IN THE BRICKS ON THE WEST SIDE OF THE BUILDING.
I FOLLOWED UP EVERY 30 DAYS WITH NO REPAIRS MADE.
THE TENANT AND UNIT 1 47 REACHED OUT TO ME ABOUT CRACKING IN HIS UNIT.
A FOLLOW-UP INSPECTION WAS CONDUCTED ON 1216 OF 2024.
I MET THE TENANT AT UNIT 1 47 AND HE LET ME INTO THE UNIT TO INSPECT IT.
THE TENANT HAS NOT BEEN STAYING THERE DUE TO THE CRACKING IN THE WALLS, I OBSERVED THAT MANY OF THE WALLS IN THE UNIT HAS SOME TYPE OF CRACKING.
I OBSERVED THAT THIS UNIT WAS ON THE END, ON THE FIRST FLOOR RIGHT BEHIND WHERE THE CRACKING AND THE BRICKS IS ON TWO 14 OF 2025.
I FOLLOWED UP THIS CASE AND OBSERVED THAT IT DOES NOT APPEAR THAT ANYTHING HAS BEEN DONE TO FIX THE ISSUE.
[01:10:01]
MR. VITALS EMAILED ME AND STATED THAT THEY WERE GETTING AN ENGINEER TO CHECK ON THE BUILDING.AS OF THIS MEETING, I HAVE NOT SEEN ANY TYPE OF ENGINEER REPORT.
THE COMPLEX WAS BUILT IN 1972 AND THE CURRENT OWNER HAS OWNED IT SINCE AUGUST OF 2022.
I WILL BE PRESENTING PHOTOGRAPHS OF THE VIOLATION OBSERVED TO DATE.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE SIGN FOR THE PROPERTY.
NEXT PHOTO EXHIBIT TWO B IS CONTEXTUAL PHOTO SHOWING THE ADDRESS NUMBERS FOR THE PROPERTY.
NEXT PHOTO EXHIBIT TWO C IS CONTEXTUAL PHOTO OF THE BUILDING NUMBER.
NEXT PHOTO EXHIBIT 2D IS A RETAINING WALL ON THE EAST SIDE OF THE BUILDING.
NEXT PHOTO EXHIBIT TWO E IS A PICTURE OF THE CRACKING IN THE BRICKS ON THE WEST SIDE OF THE BUILDING.
NEXT PHOTO EXHIBIT TWO F IS A SIDEWALK ON THE WEST SIDE OF THE BUILDING SHOWING A CRACK AND IT IS SHIFTED.
EXHIBIT TWO G IS A PHOTO SHOWING THE SIDEWALK OUTSIDE OF UNIT 1 47 PULLING AWAY FROM THE BUILDING.
NEXT PHOTO EXHIBIT TWO H IS A PHOTO SHOWING THE SIDEWALK ON THE NORTHWEST CORNER OF THE BUILDING BUILDING THAT HAS SHIFTED.
NEXT PHOTO EXHIBIT TWO I IS A CONTEXTUAL PHOTO SHOWING I WILL BE IN UNIT 1 47.
NEXT PHOTO, EXHIBIT TWO J SHOWS CRACKING IN THE LIVING ROOM WALL OF UNIT 1 47.
NEXT PHOTO, EXHIBIT 2K SHOWS CRACKING IN THE WALL IN THE LIVING ROOM OF UNIT 1 47.
NEXT PHOTO, EXHIBIT TWO L SHOWS CRACKING IN THE WALL IN THE LIVING ROOM OF UNIT 1 47.
NEXT PHOTO, EXHIBIT TWO M SHOWS CRACKING IN THE WALL IN THE LIVING ROOM OF UNIT 1 47.
THIS CONCLUDES MY PRESENTATION 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 WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBIT, UH, AND PHOTOGRAPHS MARKED AS EXHIBIT TWO A THROUGH TWO M.
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 PROVIDED THE COMMISSION'S COORDINATOR A WRITTEN ENGINEERING REPORT AS PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS.
THAT THROUGH ON-SITE IN INSPECTION EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE SUBJECT BUILDING.
B, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
C 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 D REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B TWO.
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 THAT THE SEAT CONCLUDES THIS PRESENTATION.
UH, UH, THANK YOU ANALYST NUMBER ONE.
UM, SO AT THIS TIME WITHOUT OBJECTION, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO M IS THERE OBJECTION, UH, HEARING NONE, THE EXHIBITS ARE ADMITTED.
AND, UH, WITH THAT I WILL GO TO, UM, MS. SUNGA ON BEHALF OF THE PROPERTY IF YOU'D LIKE TO JUST INTRODUCE YOURSELF.
AND THEN, UH, IF YOU HAVE ANY QUESTIONS FOR INSPECTOR BARRY, UH, SORRY, INVESTIGATOR BARRY.
UH, IF NOT, YOU CAN JUST GO RIGHT INTO YOUR PRESENTATION.
UM, WE ARE ASKING FOR THE MAXIMUM EXTENSION FOR THE REPAIRS.
I KNOW THEY'RE IN THE PROCESS OF OBTAINING THE ENGINEERING REPORT.
UM, ROBERT VITALS IS THE ONE WHO HANDLES THAT.
SO THEY DO, THEY ARE ASKING FOR AN EXTENSION OF THE MAX ALLOWED.
UM, SO THEN NINE 90 DAYS AS OPPOSED TO THE THE 45 IN THE, IN THE ORDER.
UH, SO, UM, I, ARE THERE ANY QUESTIONS FROM MY FELLOW COMMISSIONERS TIED TO THE, THE CITY OR THE, UH, COMMISSIONER FRANCIS? UH, CAN YOU TELL US WHY EXACTLY YOU WANT 90 DAYS AS OPPOSED TO 45? WHAT, WHAT WOULD MAKE A DIFFERENCE HERE? UM, IT'S, IT'S MORE OF A TYPICAL PROCESS THAN WE ORIGINALLY THOUGHT.
UM, ROBERT IS, I'M SORRY, I THINK YOUR MIC IS, IS A BUTTON DOWN? YEAH.
UM, I KNOW HE'S WORKING ON OBTAINING THE ENGINEERING REPORTS.
I THINK IT'S A LITTLE MORE DIFFICULT THAN HE ANTICIPATED.
UM, SO WE ARE JUST ASKING FOR THE MAX ALLOWED, UM, SO THAT EVERYTHING CAN BE REPAIRED SURE.
[01:15:01]
WHAT'S GOING ON THERE.SO THIS DIDN'T, THIS HAS BEEN GOING ON FOR A WHILE, RIGHT? YOU TURNED YOUR MIC OFF.
IT SEEMS TO HAVE BEEN, I'VE ONLY HAD THE PROPERTY FOR ABOUT A YEAR.
UM, BUT WE ALSO ARE WORKING WITH THE RESIDENTS TO GET THEM TRANSFERRED TO OTHER UNITS IF, IF THEY'D LIKE AS WELL.
UH, THANK YOU COMMISSIONER, UH, COMMISSIONER SLY.
SO THE ONE PART OF YOUR PRESENTATION SHOWED A SIDEWALK THAT'S BEING, THAT'S PULLING AWAY FROM THE BUILDING.
SO ARE RESIDENTS HAVING TO WALK ON THAT TO GET TO THEIR UNITS? IF THEY LIVE IN THAT BUILDING, THEY COULD POSSIBLY WALK ON THAT SIDEWALK, BUT THE WAY EVERYTHING'S LAID OUT, IT WOULD ONLY BE THE PEOPLE THAT IN THAT BUILDING THAT WOULD WALK ON IT UNLESS SOMEBODY DECIDED TO GO SOME DIFFERENT DIRECTION THAT THEY NORM WOULD NORMALLY HAVE TO.
SO WE'RE POTENTIALLY PUTTING SOME OF THE RESIDENTS IN DANGER FOR 45 MORE DAYS IF THEY WALK ON THAT SIDEWALK AND IT FALLS AWAY EVEN FURTHER.
I'M, I'M NOT AN EXPERT ON IT, UH, BUT I, IT, I BELIEVE IT WOULD BE POSSIBLE.
ALRIGHT, THANK YOU COMMISSIONER ELLI, UH, VICE CHAIR CAMPBELL.
UM, THIS PROB THIS QUESTION GOES TO THE PROPERTY OWNERS REPRESENTATIVE.
UM, I'M LOOKING AT THE DEED HISTORY, AND WE ALWAYS HAVE THIS, UM, IN OUR EXHIBITS.
IT SAYS THAT ARRAY HOLDINGS, L-S-P-L-L-C AT ALL ACQUIRED THE PROPERTY IN 2022.
AND I SEE THE PREVIOUS OWNER WAS AWAY APARTMENTS, LLC.
WAS THAT LIKE A RESTRUCTURING OR WAS THAT A DIFFERENT PARTY THAT Y'ALL BOUGHT IT FROM? I, I COULDN'T ANSWER THAT QUESTION.
I'M THAT SINCE I'VE BEEN THERE, IT'S BEEN ARRAY APARTMENTS.
YEAH, I'M, I'M JUST TRYING TO SEE WHEN THE OWNERS ACTUALLY GOT HOLD OF THE PROPERTY.
THEY ACTUALLY GOT IT IN AUGUST OF 2022.
ARE THERE ANY OTHER QUESTIONS? OKAY.
I GUESS AT THIS TIME I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING, SO I'LL MAKE THAT MOTION.
UH, SO, UH, ON THE MOTION OF COMMISSIONER FRANCIS, SECONDED BY COMMISSIONER ZELIG.
UH, WE'D LIKE TO DO IT THAT WAY.
UH, THERE'S A MOTION TO CLOSE THE PUBLIC HEARING.
UH, ALL IN FAVOR, PLEASE SAY AYE.
ANY OPPOSED? AND JUST BECAUSE WE ARE THERE AT BEAR QUORUM, LET ME ACTUALLY, UH, TROUBLE COMMISSIONER AL LUGO TO CONFIRM THAT HE IS AN I VOTE ON THAT JUST BECAUSE I DON'T THINK I, AYE OKAY.
JUST BECAUSE YOU'RE REMOTING IN.
SO, UM, THE AYES HAVE IT, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
MS. NUN, IF YOU WOULDN'T MIND, JUST SIT TIGHT IN CASE WE HAVE QUESTIONS, BUT, UM, SO AT THIS TIME, UM, ARE THERE MOTIONS ON THE SUBJECT PROPERTY? I'LL RECOGNIZE VICE CAMPBELL I WOULD MOVE TO ADOPT STAFF'S PROPOSED FINDINGS, FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ADOPT THE RECOMMENDED ORDER.
UH, MEMBERS, YOU'VE, YOU'VE HEARD THE MOTION, VICE CAMPBELL, UH, WANTS TO ADOPT THE RECOMMENDED ORDER WITHOUT MODIFICATION.
I SEE A SECOND AND, AND I'LL SECOND THAT.
UH, SO IS THERE DISCUSSION? I'LL RECOGNIZE VICE CHAIR TO OPEN.
UM, I, I'M SOMEWHAT AGNOSTIC AS TO THIS SPECIFIC DAY, OR AT LEAST I'M WILLING TO, UH, LISTEN TO AMENDMENTS.
BUT, UM, ESPECIALLY SINCE WE HAVE A BARE QUORUM, WE ALL HAVE TO AGREE ON THIS.
SO, UM, IF THERE ARE ANY OBJECTIONS TO RAISING, UH, THE, UH, TIME LIMIT THAT WOULD COME UP.
UM, SO I'M JUST DOING THE RECOMMENDED ORDER.
UM, IT SEEMS LIKE WE WOULD POTENTIALLY HAVE, UH, UNANIMOUS CONSENT FOR THAT, BUT WE'LL SEE HOW THAT WORKS OUT IN VOTE.
UH, IS THERE ANY, ANY FURTHER DISCUSSION? COMMISSIONER SIG AS A SECOND? DO YOU HAVE ANY? NO, I'M FINE.
UH, WELL, UM, HEARING, HEARING NONE THEN I, I THINK I'LL GO AHEAD AND PUT THE QUESTION TO THE, UM, TO THE COMMISSION.
SO THIS WILL BE A, THIS WILL BE A ROLL CALL VOTE AND, UH, I WILL BEGIN WITH, UH, COMMISSIONER LOCKHART.
AYE, UH, COMMISSIONER OLUGO? AYE.
THERE BEING SIX AYES AND NO NAYS.
UH, MS. SUNNI, THANK YOU FOR BEING HERE THIS EVENING.
THE ORDER WILL BE MAILED, UH, TO THE, UH, RECORD ADDRESS AND, UH, JUST PLEASE STAY IN TOUCH WITH INVESTIGATOR BARRY, UM, GOING FORWARD WITH ANY QUESTIONS.
UH, SO, UH, THANK YOU INVESTIGATOR, UH, AND THEN ANALYST EVERWINE YOU CAN PROCEED TO.
ACTUALLY, I THINK I, IT PROBABLY, I SHOW THAT WE DIDN'T HAVE ANYBODY REGISTERED TO TESTIFY ON
[01:20:01]
ITEM NUMBER FIVE.SO WITHOUT OBJECTION, I'D LIKE TO GO AHEAD AND, UH, TAKE, UH, TAKE, TAKE UP THE NEXT ONE OUT OF ORDER.
UM, UH, JUST, UH, SO THAT PEOPLE WHO ARE HERE AREN'T WAITING BEHIND PEOPLE WHO AREN'T
SO, UH, UH, I'LL GO AHEAD AND MOVE TO ITEM NUMBER SIX, UNLESS YOU RECOMMEND A DIFFERENT SEQUENCE.
IF I CAN RECOMMEND, UM, WE WAIT FOR COMMISSIONER TOM LOVICH TO COME BACK BEFORE BEGINNING THE ACTUAL PRESENTATION.
I JUST TEXTED HIM TO COME, UH, BACK, SO WE'LL SEE IF HE DOES.
I THINK THAT'S, THAT'S SENSIBLE.
SO WHAT WE'LL DO IS WE'LL JUST SORT OF STAND IN A BRIEF.
I DON'T EVEN THINK WE NEED TO A ADJOURN OR NOTE THE TIME.
WE'LL JUST KIND OF STAND AT EASE ON THE DAAS WHILE IT'S STRETCH.
IT'S A SEVENTH INNING STRETCH.
OKAY,
UH, SO, UM, UH, SUBJECT TO CALL.
SO, UH, STAY TUNED, EVERYBODY, PLEASE.
UH, THE BUILDING STANDARD COMMISSION IS BACK.
UM, BACK ON THE RECORD,
UH, THE, UH, WE LEFT WHEN WE LEFT OFF.
WE, UH, WE, UH, WE NOW HAVE A FULL, UH, ALL MEMBERS ARE PRESENT ON THE DAIS, UH, INCLUDING COMMISSIONER TVI.
AND, UH, SO WITH THAT, I'LL TURN IT
[6. Case Number: CL 2019-051029 ]
OVER TO THE CITY TO, UH, UM, TO PRESENT ON ITEM NUMBER SIX.THIS IS A RETURNING, SORRY, ITEM NUMBER FIVE.
THIS IS A RETURNING CASE CONCERNING LEE HILL DRIVE.
AND, SORRY, DO I HAVE THE WRONG ONE? I'M SORRY.
ITEM NUMBER SIX, UH, THE 14TH STREET, UH, PROPERTY.
ITEM NUMBER SIX ON THE AGENDA IS A COMMERCIAL PROPERTY LOCATED AT 5 0 3 WEST 14TH STREET.
THE CASE NUMBER IS CL 2019 DASH OH 5 10 29.
THE BUILDING AND SAN COMMISSION ISSUED AN ORDER FOR REPAIR FOR THIS PROPERTY AT ITS FEBRUARY, 2020 MEETING.
THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE ORDER AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE ACCRUED PENALTIES.
ALL PREVIOUSLY ADMITTED EXHIBITS AND NEW EXHIBITS CAN BE FOUND IN THE DARK BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS CASE WAS FIRST REPORTED TO THE CITY OF AUSTIN AS A SMALL COMMERCIAL STRUCTURE WITH SIGNIFICANT FIRE DAMAGE.
AN ORDER WAS ISSUED IN THE CASE, UH, FOR REPAIR WITHIN 90 DAYS, WITH A CIVIL PENALTY OF $400 PER WEEK, BEGINNING ON THE 91ST DAY OF COMPLIANCE WAS NOT ACHIEVED.
THE TOTAL CIVIL PENALTY PENALTY AS OF TODAY'S DATE IS $94,982 AND 79 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING.
THE CASE WAS AGAIN BROUGHT BEFORE THE COMMISSION AT THE APRIL, 2023 MEETING WITH THE CITY REQUESTING TO, UH, THE REPAIR ORDER BE CHANGED TO A DEMOLITION ORDER.
HOWEVER, THE COMMISSION DECIDED TO TAKE NO ACTION LEAVING THE INITIAL ORDER UNCHANGED.
THIS HAS BEEN A LOW COMPLEXITY CASE FOR THE CITY OF AUSTIN.
IN YOUR READER OR GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING ALL PREVIOUSLY ADMITTED EXHIBITS, INCLUDING THE CITY'S EXHIBITS ONE AND TWO, A THROUGH TWO H AND THREE AND FOUR A THROUGH FOUR J.
AND EXHIBIT FIVE, WHICH CONSISTS OF AN UPDATED COMPLAINTANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
AND, UM, THE RECORDED ORDER, UH, THE RECORDED BSC ORDER ISSUED FEBRUARY 26TH, 2020, AND CORRESPONDING PENALTY STATEMENT AND EXHIBIT SIX, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
AND THE CITY'S RECOMMENDATION CODE INSPECTOR FARRAH PRESLEY IS HERE TONIGHT TO, UH, TO DISCUSS THE CORRECTIVE VIOLATIONS AND TIMELINE FOR COMPLIANCE.
AND WE'LL PRESENT SOME COMPLIANCE PHOTOS.
CODE INSPECTOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS CASE HAS BEEN ONGOING SINCE APRIL, 2019.
IT LAST WENT TO BSE FEBRUARY, 2020.
SINCE THE BSE ORDER WAS ISSUED, THE OWNER HAD PLANS TO BUILD UP AFTER A LOT OF BACK AND FORTH WITH DSD AND HIS PLANS NOT BEING APPROVED.
THE OWNER WENT ON A DIFFERENT ROUTE TO CONVERT THE STRUCTURE INTO A DUPLEX.
HE WAS DONE WITH THE ENTIRE EXTERIOR, BUT THE INTERIOR WAS DOWN TO STUDS.
I CHECKED THE PROPERTY OVER 30 DAYS UNTIL THE PERMITS WERE GOING TO BE FINALIZED.
I WAS CONTACTED BY MR. RILEY'S WIFE ABOUT MR. RILEY'S PASSING, AND SHE WASN'T SURE WHAT NEEDED TO BE DONE TO COME INTO COMPLIANCE WITH CODE.
SHE WAS EXPERIENCING FINANCIAL CHALLENGES AND FEELING OVERWHELMED BY THE SCOPE OF THE PROJECT THAT WAS STILL LEFT TO CLOSE THE CODE CASE.
ALL I NEEDED WAS A PERMIT FOR THE ROOF TO FINISH OUT ALL THE VIOLATIONS.
AFTER SOME EMAILS AND PHONE CALLS WITH DSD, IT WAS DECIDED THAT THE ACTIVE PERMITS ON SITE DID PASS THE ROOFING DECKING AND FRAMING.
BUT SINCE THE BP, THE BP WAS INCORPORATED WITH DOING THE ENTIRE BUILDING, IT WAS DETERMINED THAT THE BSE ORDER DID COME INTO COMPLIANCE.
THE ONLY VIOLATION LEFT ON THE BSE ORDER WAS TO REPAIR THE BURN BACK SECTION OF THE ROOF.
I WILL TAKE YOU NOW THROUGH THE CITY'S EXHIBIT PHOTOS.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE STRUCTURE BEING PRESENTED TODAY.
[01:25:01]
COM.PHOTO B SHOWS A VIEW OF THE ACTIVE PERMIT ON SITE C SHOWS A VIEW OF THE, ARE THESE, THESE ARE THE OLD, THE OLD PICTURES.
THIS WAS, UH, BEFORE EVERYTHING WAS REPAIRED AND FIXED.
THIS IS THE LEFT SIDE OF THE STRUCTURE.
THIS IS THE BACKSIDE OF THE STRUCTURE WHERE THE FIRE GOT A LITTLE BIT ONTO THE STUCCO, BUT IT, IT DEFINITELY TOOK THE ROOF AND, UH, DECKING AND THE FASCIA BOARD.
NEXT PHOTO, A LITTLE CLOSER UP VIEW OF THE ROOF DECKING.
UM, THIS IS THE BACK KITCHEN WINDOW WHERE THE FIRE WAS AT, WAS IN HERE.
AND YOU CAN SEE THAT NONE OF THE STUCCO WAS MESSED UP, BUT IT WAS DEFINITELY THE ROOF DECKING AND ROOFING THAT NEEDED TO BE REPLACED.
UM, THIS IS A SIDE VIEW OF THE RIGHT HAND SIDE OF THE PROPERTY, WHICH IS WHERE THE KITCHEN WAS, WHICH IS THE PEAK.
THAT WAS WHERE THE ROOF KIND OF, THE FIRE WENT THROUGH THE ROOF, SO THEY HAD TO PUT A TARP ON IT UNTIL IT WAS REPAIRED.
NEXT PHOTO, UH, THIS IS WHERE THE FIRE CAME OUT ONTO THE STUCCO A LITTLE BIT AND GOT INTO THE ELECTRIC METER.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY SHOWING THE STRUCTURE BEING PRESENTED TODAY.
NEXT PHOTO SHOWS A VIEW OF THE ACTIVE PERMIT ON SITE.
NEXT PHOTO SHOWS A VIEW OF THE A ADDED ON STRUCTURE.
THIS SHOWS THE BACK OF THE STRUCTURE.
AS YOU CAN SEE, THAT'S THE BACK DOOR WHERE MOST OF THE FIRE ON THE LEFT HAND SIDE WHERE IT WAS, IT'S ALL BEEN REPAIRED.
THIS IS A CLOSER VIEW OF THE PEAK IN THE BACK WHERE ALL OF THE ROOF DECKING AND FACIA PORT HAS BEEN REPLACED.
THIS IS THE INTERIOR WHERE ALL THE ROOF DECKING AND EVERYTHING HAS BEEN REPLACED.
THE PROPERTY OWNER TRIED TO GET THE STRUCTURE DONE AFTER WE BOUGHT, BROUGHT IT BACK TO BSC.
IT HAD, IT HAS HAD ALL THE PERMITS FOR WHAT DAMAGE INSTEAD OF THE WHOLE PROJECT.
I COULD HAVE CLOSED MY CASE EARLIER IF HE WOULD'VE DONE THE PERMITS FOR JUST THE ACTUAL, UM, STUFF THAT WAS DAMAGED, BUT HE DIDN'T, HE DID IT AS A WHOLE PROJECT.
I'M AVAILABLE FOR ANY QUESTIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS IN EXHIBIT SIX, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT A PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
ONE AFFIRM THE CIVIL PENALTY OF $94,982 AND 79 CENTS ASSESSED FROM THE ORDER ISSUED FEBRUARY 26TH, 2020, AND RECORDED AS TRV 2 0 2 0 0 8 8 9 5 0.
OR IN THE ALTERNATIVE TO, IF THE CIVIL PENALTY AMOUNT OF 94,900 $982 AND 79 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE AMENDED ORDER FROM THE DATE THE AMENDED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT AND THREE ON THE 31ST DAY FROM THE DATE THE ORDER, UH, FROM THE DATE THE AMENDED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE UNPAID PORTION OF THE ORIGINAL COMBINED PENALTY AMOUNT OF $94,982 AND 79 CENTS INTEREST SHALL ACCRUE, UH, CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
CODE REVIEW ANALYST AT THIS TIME WITHOUT OBJECTION.
IT WAS, UH, FIVE AND SIX ARE THE NEW ONES, RIGHT? THE ONES NOT PREVIOUSLY.
SO WITHOUT OBJECTION, I'LL, UH, ADMIT, UH, STAFF'S EXHIBITS FIVE AND SIX IS OUR OBJECTION.
HEARING NONE THE, UH, EXHIBITS ARE ADMITTED.
AND, UM, THEN I WILL, UH, TURN IT OVER TO, IS IT, UH, MS. BRADY? OKAY.
UM, IF YOU'D JUST LIKE TO INTRODUCE YOURSELF SELF FOR THE RECORD.
WERE YOU SWORN PREVIOUSLY? YES, I WAS SWORN.
MY NAME IS DENISE BRADY AND I'M HERE TO ASK FOR PENALTY RELIEF FOR THE FINES ON THIS PROPERTY.
UH, THE PROPERTY WAS OWNED BY MY LATE HUSBAND, CHRIS RILEY.
UH, SINCE OCTOBER OF 2018, HE PASSED AWAY FROM CANCER, UH, IN JULY, LEAVING ME AS THE TRUSTEE OF THE LAND AND THE RELATED LLC.
ALTHOUGH CHRIS HOPED I COULD COMPLETE THE RENOVATION, I SOON REALIZED I LACKED THE FINANCIAL AND EMOTIONAL RESOURCES TO DO SO, AND I HAD TO PUT THE, UH, PROPERTY ON THE MARKET.
AS IS LATE LAST YEAR, UH, JUST LAST FRIDAY, I CLOSED ON THE PROPERTY, UH, WITH MR. ALMOG BOZA, AND I BELIEVE HE IS ON THE PHONE.
THERE HE IS ON THE PHONE, UH, IN CASE THERE'S ANY QUESTIONS.
BUT SINCE HE JUST BECAME THE OWNER A WEEK AGO, I ASSUME ANY QUESTIONS WOULD PROBABLY BE FOR ME.
UH, AS A CONDITION OF THE SALE, I AM FULLY RESPONSIBLE FOR THE PENALTIES
[01:30:01]
SELLING THE PROPERTY.ONLY PAID OFF CHRIS'S CONSTRUCTION LOAN, AND I WILL HAVE TO GO INTO MY RETIREMENT SAVINGS TO PAY THESE FINES.
I'M NOT A DEVELOPER OR AN INVESTOR.
I JUST RECENTLY RETIRED FROM 35 YEARS WORKING FOR NONPROFITS IN THE STATE OF TEXAS, THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
SO THIS WAS A WHOLE NEW WORLD FOR ME TO LEARN.
AS, AS INVESTIGATOR PRESLEY SAID, I WAS COMPLETELY OVERWHELMED BY WHAT I WAS DEALING WITH IN ADDITION TO A FUNERAL AND MEDICAL BILLS.
UH, I'VE BEEN STRUGGLING WITH WHAT TO TELL YOU AND KEEPING IT TO FIVE MINUTES, SO I JUST THOUGHT I'D HIT, HIT THE TOUCH POINTS.
UH, THE PROPERTY WA WAS ON FIRE.
THE FIREFIGHTERS HAD TO BANG ON THE DOOR AND GET US OUT OF THE HOUSE BECAUSE THEY WERE WORRIED THE FIRE COULD SPREAD TO OUR HOUSE.
UH, THAT IT WAS A LITTLE LAW FIRM THAT OWNED IT.
AND THE LAW FIRM DIDN'T WANNA KEEP IT.
SO THEY TOLD MY HUSBAND, WE, WE WEREN'T MARRIED THEN.
WE JUST GOT MARRIED IN 2023, BUT WE'D LIVED TOGETHER FOR 20 YEARS.
UH, THEY SAID THEY'RE AFRAID THAT THEY WERE GONNA SELL IT TO SOMEONE WHO DIDN'T CARE WHAT WAS THERE.
AND MY HUSBAND WAS AFRAID THEY WERE GONNA RAISE THE LITTLE BUNGALOW AND PUT UP SOME BIG UGLY THING.
AND IF ANY OF YOU'RE FAMILIAR WITH, IF MY HUSBAND WAS, HE WAS A BIG URBAN DOWNTOWN GUY AND BELIEVED IN PRESERVATION.
AND THE THOUGHT OF THIS CUTE LITTLE 1920S BUNGALOW BEING TORN DOWN RIGHT NEXT TO OUR HOUSE AND TURNED INTO SOMETHING THAT WASN'T IN KEEPING WITH OUR HISTORIC NEIGHBORHOOD.
WE LIVED DOWN BY THE CAPITOL WHERE ALL THE HOUSES ARE HISTORIC.
SO HE BOUGHT IT AND HE WANTED TO SAVE THAT BUNGALOW, BUT HE DIDN'T REALLY HAVE A GOOD PLAN IN MIND FOR WHAT TO DO.
AND THAT'S WHY IT TOOK A WHILE.
AND HE HAD TROUBLE GETTING FINANCING FOR SUCH A, A SMALL TYPE PROJECT.
UM, HE WAS AN IDEALIST AND HE SPENT ALL THOSE YEARS BETWEEN THEN AND TILL HE PASSED AWAY, DETERMINED TO TURN, TURN THAT LITTLE THING INTO AN APARTMENT COMPLEX.
I THINK HE WAS BEFORE YOU CHAIRMAN.
I THINK YOU WERE THE ONLY ONE WHO'S BEEN HERE THE TWO TIMES HE'S BEEN HERE IN 2020.
IT WAS EXACTLY FIVE YEARS AGO TONIGHT THAT HE WAS HERE FOR THE FIRST TIME.
HE, HE WANTED TO MAKE IT A SIXPLEX FOR A WHILE, AND THEN HE COULDN'T GET FINANCING FOR THAT, SO HE TURNED IT INTO A DUPLEX.
BUT HE JUST HAD BARRIER AFTER BARRIER, COVID SHUT DOWN RIGHT WHEN HE WAS ABOUT TO START CLEANING IT OUT.
UH, ZONING SITE, PLANE CHANGES, BUT THEN TWO ROUNDS OF CANCER.
SO HE GOT THE FIRST CANCER, IT WAS A THROAT CANCER IN 2021 AND HAD HORRIFIC MONTHS OF TREATMENT FOR THAT.
WE THOUGHT IT WAS, IT WAS GONE.
AND THEN IT CAME BACK, UH, MORE SERIOUS IN, UM, THE MIDDLE OF 2023, SPRING OF 2023, RIGHT AFTER HE'D BEEN HERE ACTUALLY IN, IN 2023.
AND THEN HE PASSED AWAY IN 2024.
UM, SO I WAS TRYING TO KEEP UP WITH WHAT WAS GOING ON, BUT I WAS STILL WORKING AND I WAS A CAREGIVER ONCE HE REALLY STARTED GETTING ILL.
SO WE JUST WEREN'T MONITORING WHAT WAS HAPPENING.
AND THAT'S WHY IT TOOK SO LONG.
IT TURNED OUT THAT AS INVESTIGATOR PRESLEY SAID, WE'D ALREADY BEEN IN COMPLIANCE, THE ROOF WAS FIXED, AND WE HADN'T EVEN REALIZED THAT WE COULD HAVE CALLED IN AN INSPECTION AND ASKED TO HAVE THE CASE CLOSED.
OUR GENERAL CONTRACTOR DIDN'T KNOW TO DO THAT BECAUSE CHRIS HADN'T TOLD THE GENERAL CONTRACTOR ABOUT THE ORDER EVEN.
SO I DON'T EVEN KNOW HOW HOW LONG AGO IT REALLY WAS FIXED.
UM, I KNOW THE ROOF'S BEEN UP FOR A WHILE.
UM, SO WE WERE ABLE TO CLOSE THE CASE.
UH, I UNDERSTAND AND RESPECT YOUR ROLE IN PROTECTING THE PUBLIC FROM NEGLIGENT PROPERTY OWNERS AND THAT THE FINES CAN BE A NECESSARY INDUCEMENT FOR COMPLIANCE.
I'VE DONE EVERYTHING POSSIBLE TO TAKE CARE OF THIS MATTER DURING WHAT HAS BEEN A VERY, EXCUSE ME, DIFFICULT TIME.
THE PROPERTY IS NOW SAFE AND IT'S OWNED BY SOMEONE WITH THE FINANCING TO FINISH IT.
AND HE'S COMMITTED TO EVEN KEEPING IT HISTORIC, WHICH IS GREAT.
I ASK FOR YOUR SYMPATHY AND YOUR COMPASSION.
CHRIS DEDICATED THE BEST YEARS OF HIS LIFE IN SERVICE TO THE CITY, AND NOW I NEED YOUR HELP.
I HUMBLY REQUEST FORGIVENESS OF THE PENALTIES.
THANK YOU VERY MUCH FOR YOUR TIME, AND I'LL ANSWER ANY QUESTIONS.
I I CAN ANSWER THE QUESTIONS ABOUT HIS HEALTHCARE, ANYTHING THAT YOU WOULD LIKE TO KNOW ABOUT.
UM, I ACTUALLY, I'M GONNA OPEN WITH THE MATTER OF PRIVILEGE HERE.
UM, INVESTIGATOR PRESLEY, YOU SAID IT WAS A LOW COMPLEXITY CASE, IS THAT RIGHT?
THERE WAS CONSTRUCTION GOING ON.
SO IT WAS A VERY LOW COMPLEXITY CASE.
I GET AN EMAIL FROM CHRIS ONCE A MONTH SAYING, HEY, THIS IS WHAT'S GOING ON.
HE NEVER DID INFORM ME OF THE CANCER BECAUSE HE DIDN'T REALLY EVER WANT ANYBODY TO KNOW HE WAS SICK.
BUT YEAH, VERY LOW COMPLEXITY.
SO THAT OUR BALLPARK ON THAT IS ABOUT A 3030 $400 COST.
ISN'T THAT THE, OR AM I GETTING THAT WRONG? IT JUST IS THAT, OH, WE HAVE THE, YEAH, SORRY.
UM, YEAH, THAT, THAT'S ALL I HAD.
SO, UM, ARE THERE, UM, UH, COMMISSIONER ELLI,
[01:35:01]
SO I'M TRYING TO GET, I'M LOOKING AT A RECOMMENDED ORDER THAT SHOWS A $60,400.UM, AND THEN YOU SAID IT'S 94,000.
COMMISSIONER SEG, IF YOU, I THINK THAT'S THE ONE THAT'S MR. CAMPBELL EXHIBITS THREE AND FOUR.
UM, BUT WE'RE CURRENTLY LOOKING AT THE ORDER AT THE END OF EXHIBITS FIVE AND SIX.
AND IF I MAY, IT'S BECAUSE WE HAVE THE PREVIOUS, THE EXHIBITS THAT WERE PREVIOUSLY ADMITTED.
IS THAT, YES, I UNDERSTAND THAT THERE ANYONE, OH, UH, VICE CHAIR.
UM, IF I CAN ASK YOU THIS QUESTION, I THINK YOU SAID IN YOUR TESTIMONY THAT, UM, IN THIS SALE YOU ARE RESPONSIBLE FOR THE PENALTIES.
UH, IT WAS VERY DIFFICULT FOR ANYONE TO WANNA BUY A PROPERTY WITH A ALMOST A HUNDRED THOUSAND DOLLARS LIEN ON IT.
SO I AGREED TO PUT THAT MONEY IN ESCROW MM-HMM
AND THEN BE RESPONSIBLE FOR IT BECAUSE, I MEAN, I WAS IN THIS CATCH 22 WHERE I KNEW I NEEDED TO SELL IT, BUT NO ONE WANTS TO BUY A HALF FINISHED.
IT'S NOT HALF FINISHED, JUST MORE THAN HALF FINISHED.
BUT IT'S, IT'S SITTING THERE AS A CONSTRUCTION PROJECT WITH THE BIG LIEN ON IT.
SO THAT'S A COMPROMISE I MADE.
UH, SO IT'S, I I HAVE SET IT ASIDE, BUT IT, BUT I HAD TO GO INTO MY OWN MONEY FOR THAT.
THE SALE WAS NOT ENOUGH TO COVER IT.
THANK YOU FOR CLARIFYING THAT.
UM, AT THIS TIME I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
SO MOVE, UH, SO WE HAVE A MOTION FOR SECOND.
ON THE MOTION OF COMMISSIONER FRANCIS, UH, SECONDED BY VICE CHAIR CAMPBELL TO CLOSE THE PUBLIC HEARING.
UM, SO I MOVE
AND, UH, IT'S, UH, HELP ME WITH THE, MY EYESIGHT IS FAILING.
I CAN'T, HOW DO, HOW DO WE PRONOUNCE? YOU MEAN ALMOG? YES.
THE, THE MAN WHO JUST BOUGHT THE HO HOME FOR ME.
I DON'T THINK HE HAD TO SAY ANYTHING UNLESS YOU HAD QUESTIONS FOR HIM, BUT HE'S, HE'S BEEN STANDING BY ALL NIGHT.
SO JUST THERE AS SORT OF A RESOURCE.
UH, SIR, DO YOU HAVE ANY HELLO HERE? YEAH, DO YOU HAVE ANYTHING YOU'D CARE TO ADD? UM, I, I DON'T HAVE ANY QUESTION.
UM, IF YOU HAVE QUESTIONS FOR ME, I'M HAPPY TO ANSWER.
I'LL, I'LL, ALL IN FAVOR? AYE.
UH, UH, SO, UH, THE PUBLIC PORTION OF THE HEARING IS CLOSED.
UM, I'M ACTUALLY GONNA ON A SORT OF POINT OF PERSONAL PRIVILEGE HERE, I'M GONNA, I'M GONNA OPEN ON THIS ONE, UM, BECAUSE I, UH, MS. UH, MS. BRADY IS CORRECT.
I WAS HERE, UH, LAST TIME AND I, UM, WHAT, WHAT, WHAT'S KIND OF FUNNY ABOUT THIS CASE IS THOSE WHO'VE WATCHED ME KNOW THAT I'M A BIT OF A HANGING JUDGE WHEN IT COMES TO PENALTY RELIEF.
UH, UM, USUALLY I SKEW TOWARD THE, YOU KNOW, UH, TOWARD THE HIGH END OF ANY, OF ANY ULTIMATE RELIEF.
AND, AND I'M RELUCTANT TO, UM, TO GIVE REDUCTIONS.
UM, AND I REMEMBER IN, I REMEMBER THIS CASE, IT, IT, IT STICKS OUT IN MY MIND JUST BECAUSE, UM, IT WAS ABOUT, IT WAS ABOUT AS, AS GOOD A, A PROPERTY OWNER AS I'D SEEN.
UM, YOU KNOW, HE HAD A, YOU KNOW, HISTORIC PROPERTY THAT, I GUESS ORIGINALLY BACK IN THE TWENTIES OR SOMETHING, THEY'D BEEN ONE PARCEL.
AND THEN, SO THEN THERE WAS A LAW FIRM IN THE, THAT OWNED THAT, THAT PROPERTY IN THE BACK, HE CAUGHT FIRE.
AND I REMEMBER HIM SPECIFICALLY ADDRESSING THAT.
HE DIDN'T WANNA PUT A BUNCH STILTS AND A PARKING UNDERNEATH.
IT WOULDN'T BE CONSISTENT WITH THE NEIGHBORHOOD PLAN.
AND, AND I REMEMBER, I THINK I ACTUALLY, I, I THINK I ACTUALLY VOTED AGAINST ANY FINE ON THAT CASE AND THAT IT
AND I, I FOUND IT SURPRISING 'CAUSE HE HAD A, YOU KNOW, I THOUGHT A DETAILED POWERPOINT PRESENTATION.
UM, AND, UM, ANYWAY, UM, IT'S, IT'S, IT'S NOT COMMON, BUT IT'S, IT'S NOT ACTUALLY AGAINST OUR RULES FOR THE CHAIR TO MOVE.
UM, IF I COULD BE RECOGNIZED, I DON'T WANNA RULE IN MY OWN MOTION.
UM, I'M GONNA GO AHEAD AND, AND MOVE THAT.
WE ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND, UH, REDUCE THE PENALTY TO, UH, $1.
UM, AND IF THE AMOUNT IS REDUCED IS NOT PAID ON 30, 30 DAYS ON THE 31ST DAY AS MODIFIED INTEREST WOULD ACCRUE AND SO FORTH.
IS THERE A SECOND? I SECOND THAT.
COMMISSIONER SAG REC, UH, IS SECOND.
UM, I WILL, IS THERE, IS THERE ANYTHING MORE TO SAY ABOUT THE MOTION? UM, I JUST MOTION, UM, THE ONE THING I'LL SAY, UH, CHAIR, I BELIEVE I WAS THERE WITH YOU IN THAT MEETING.
AND SIMILARLY, UM, MR. RILEY STRUCK ME AS PROBABLY THE MOST PREPARED PROPERTY OWNER I'VE EVER SEEN SO FAR.
[01:40:01]
THANK YOU.ALRIGHT, IS THERE ANY OTHER COMMENT FROM COMMISSIONERS IN THAT CASE? I WILL MOVE TO A ROLL CALL VOTE.
UM, COMMISSIONER TOM HONOVICH.
AND THE VICE CHAIR VOTES? AYE.
THE MOTION HAS BEEN APPROVED AND THE ORDER WILL BE MAILED OUT TO YOU.
THANK YOU SO VERY, VERY MUCH AND THANK YOU TO THE STAFF TOO.
INVESTIGATOR PRESLEY WAS WONDERFUL TO WORK WITH.
AND, AND MELANIE, EVERYONE, THANK YOU SO MUCH.
THANK YOU FOR BEING HERE TONIGHT.
OH, THANK YOU FOR YOUR SERVICE.
OKAY, SO I THINK THE ONE WE SKIPPED WAS NUMBER FIVE.
IS THAT THE ONLY REMAINING BUSINESS? YES.
[5. Case Number: CL 2016-056078]
NUMBER FIVE ON THE AGENDA IS, UH, SEAL 2 0 1 16 DASH OH 5 6 0 7 8 IS A RETURNING CASE REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE LOCATED AT 7 9 1 3 LEE HILL DRIVE.STAFF EXHIBITS CAN BE FOUND IN THE FUTURE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A VACANT SINGLE FAMILY RESIDENTIAL STRUCTURE.
IN MAY, 2016, THE COMMISSION ISSUED AN ORDER FOR REPAIR WITHIN 60 DAYS WITH A PENALTY OF $420 PER WEEK TO BEGIN TO ACCRUE ON THE 61ST DAY OF REPAIRS WERE NOT COMPLETE.
THE MOST RECENT BUILDING PERMIT FOR THIS STRUCTURE EXPIRED IN OCTOBER, 2020.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY TOTAL TOTAL IS $185,820 AND 0 CENTS AND CONTINUES TO ACCRUE THE NOTED VIOLATIONS CREATE A PUBLIC NUISANCE AND THE STRUCTURE IS CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.
WE ARE RECOMMENDING MODIFICATION OF THE EXISTING ORDER TO CHANGE, UH, FROM REPAIR TO DEMOLITION AND KEEP THE PENALTIES IN PLACE.
IN YOUR READ OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT THREE, WHICH CONTAINS, UH, AN UPDATED COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICES OF HEARING FOR TONIGHT'S MEETING, PROOFS OF MAILING AND THE REQUIRED POSTINGS.
AND A COPY OF THE EXISTING BSC ORDER TRV 2 0 1 6 0 8 5 1 9 2, AND A PENALTY STATEMENT THROUGH TODAY'S DATE.
EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH 4K IN THE RECOMMENDED ORDER CODE.
INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS CASE IS BEING BROUGHT TO THE ATTENTION OF THE BSC COMMISSION FOR CONSIDERATION OF DEMO.
THIS WAS A PREVIOUS CASE HEARD AT B-F-C-B-S-C IN MAY OF 2016.
THE STRUCTURE RECEIVED A REPAIR ORDER.
THE OWNER NEVER COMPLIED WITH THE BSC ORDER OR KEPT UP COMMUNICATION WITH CODE.
THIS PROPERTY HAS EXPERIENCED SERIOUS NEGLECT THAT HAS LED TO THE STRUCTURE NEEDING TO BE DEMOLISHED.
THE STRUCTURE IS UNSAFE AND UNSOUND THROUGH A NUMBER OF SITE INSPECTIONS.
I OBSERVED THE FOLLOWING STRUCTURAL ISSUES THAT HAVE PROGRESSED OVER THE TIME PERIOD OF HAVING THIS CASE.
ALONG WITH THE ADDITION TO THE HOUSE COLLAPSING, THE SIDING AND STRUCTURAL SUPPORT OF THE HOMES DECAYED AND DETERIORATING THE STRUCTURE'S ROOF ON THE RIGHT SIDE OF THE STRUCTURE IS LEANING AND WARPED.
THIS PROPERTY IS SECURE BUT NOT BEING MAINTAINED.
THE DETERIORATION IS MORE PROFOUND ON THE FRONT AND RIGHT SIDE OF THE STRUCTURE.
THIS PROPERTY HAS TO BE MOWED, MAINTAINED BY CODE.
THE PROPERTY ALSO NEEDS TO HAVE THE TRASH AND RUBBERS REMOVED CONSTANTLY.
I WILL TAKE YOU THROUGH THE PHOTOS MARKED SIX A THROUGH SIX K EXHIBIT SIX A.
THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE MAN STRUCTURE.
EXHIBIT SIX B SHOWS A CONTEXTUAL PHOTO OF THE RIGHT SIDE OF THE MAIN STRUCTURE ALONG WITH THE ADDITION THAT HAS COLLAPSED.
THE 10 TO THE RIGHT IS PART OF THE ADDITION.
EXHIBIT FOUR A WAS THE FIRST ONE.
EXHIBIT FOUR C SHOWS THE INTERIOR OF THE STRUCTURE WHERE THE ELEMENTS OF NATURE HAVE DE DECAY AND DETERIORATED THE INTERIOR WALL CEILINGS AND FLOORS.
EXHIBIT FOUR D IS A BETTER VIEW OF THE INTERIOR OF THE DETERIORATED CEILING OF THE FIRST STORY AND THE FLOOR OF THE SECOND STORY THAT IS DETERIORATED AND CAVING IN WITH HOLES FROM ELEMENTS OF NATURE.
THIS IS A SIDE VIEW OF THE RIGHT SIDE OF THE MAIN STRUCTURE WHERE THE ADDITION HAS CAVED IN.
YOU CAN ALSO SEE THE DETERIORATION ON THE SIDING ON THE MAIN STRUCTURE AND ALL THE WINDOWS THAT ARE BROKEN OUT AND THE PROPERTY NOT BEING MAINTAINED.
THIS IS A CLOSER VIEW OF THE ADDITION THAT HAS COLLAPSED EXHIBIT 4G.
[01:45:01]
SIDE VIEW OF THE STRUCTURE, THE HOLES IN THE ROOF AND THE WINDOWS MISSING ALL OF THE GLASS AND THE EL AND LETTING IN THE ELEMENTS OF NATURE INTO THE INTERIOR OF THE STRUCTURE.THIS IS A CLOSEUP OF THE ROOF WITH SEVERAL HOLES AND WINDOWS MISSING.
THEY'RE MISSING THE GLASS AND THE FRAMING.
EXHIBIT FOUR I, THIS IS THE BACK OF THE STRUCTURE IN THE BACK OF THE ADDITION THAT HAS COLLAPSED.
EXHIBIT FOUR J DOES THE LEFT SIDE OF THE STRUCTURE.
IT HAS SEVERAL HOLES IN THE SIDING AND FASCIA BOARD EXHIBIT 4K.
THIS IS THE CONTEXTUAL PHOTO OF THE STRUCTURE WHEN IT WAS ORIGINALLY BROUGHT TO BSC IN 2016.
AND YOU CAN SEE THE RIGHT ADDITION WHERE IT COMPLETELY CAVED IN A REPAIR ORDER WAS ISSUED FOR THIS CASE.
THIS PROPERTY HAS BEEN VACANT SINCE THE ORIGINAL BSE ORDER.
NO WORK OR PERMITS WERE EVER PULLED FOR REPAIR.
I WOULD LIKE THE COMMISSION TO CONSIDER TO ADOPT STAFF.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW UNDER OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH 4K.
STAFF ASKS THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING A FACT THE COMMISSION ISSUED ITS CURRENT ORDER, T RV 2 0 1 6 0 8 5 1 9 2 ON MAY 25TH, 2016.
FINDING A FACT THIS ORDER WAS NOT TIMELY APPEALED IN THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED.
HAS ELAPSED FINDING A FACT IN HIS CURRENT ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $420 PER WEEK.
TO DATE, PENALTIES HAVE ACCRUED IN THE AMOUNT OF $185,820 AND 0 CENTS AND CONTINUE TO ACCRUE AS OF THE DATE OF, UH, AS OF THE DATE THE COMMISSION ISSUED THIS ORDER.
THE PROPERTY REMAINS IN VIOLATION.
STAFF ASK THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
ONE ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER.
TRV 2 0 1 16 0 8 5 1 9 2 ISSUED ON MAY 25TH, 2016 TO KEEP THE ACCRUED PENALTY OF $185,820 IN PLACE FROM THE PRIOR REPAIR ORDER ISSUED IN MAY 25TH, 2016.
INTEREST WILL NO LONGER CONTINUE TO ACCRUE.
ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTION PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RIGGED.
AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH THREE A AND THREE B FOUR ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND REC AND RECORDED WITH TRAVIS COUNTY DEED.
RECORDS INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
UM, AT THIS TIME, IF THERE'S NO OBJECTION, I'LL, I'LL ADMIT EXHIBITS THREE AND FOUR A THROUGH 4K.
UH, HEARING NONE THE EXHIBITS ARE ADMITTED.
UM, I SHOW THAT THE PROPERTY IS NOT REPRESENTED.
SO WITH THAT, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING AND LET WELL, UNLESS THERE ARE QUESTIONS FOR THE CITY.
UH, KIRK? YES, I HAVE A QUESTION.
I NOTICED THE, UH, MOST RECENT CERTIFIED MAIL WAS NOT, UH, RETURNED OR WASN'T ACCEPTED.
IT LOOKS LIKE YOU'VE TRIED TO EMAIL, CALL THIS PERSON A GLEN THOMPSON HAS OWNED IT SINCE 1994.
DO WE KNOW IF THIS PERSON IS STILL AROUND OR YOU HAVEN'T BEEN ABLE, IS IT CORRECT.
YOU HAVEN'T BEEN ABLE TO GET IN CONTACT WITH THEM AT ALL? WE HAVE NOT BEEN ABLE TO CONTACT HIM, NO.
UM, OFFICER, I NOTICED YOU, YOU SAID THAT THE PROPERTY IS SECURED.
DO YOU MIND JUST DESCRIBING TO ME HOW, HOW THAT IS? UH, JUST 'CAUSE THIS LOOKS EXACTLY LIKE THE KIND OF PLACE ME AND MY IDIOT FRIENDS WHEN I WAS IN HIGH SCHOOL WOULD LIKE TO SNEAK INTO
SO YOU DON'T SEE THE FENCE? 'CAUSE I WAS ACTUALLY INSIDE OF IT 'CAUSE I HAD A SEARCH WARRANT FOR CLEANING IT UP IS WHEN I GOT THE PICTURES.
BUT THERE'S A SIX FOOT WOOD FENCE IN THE FRONT, A METAL FENCE TO THE SIDE, AND THEN BARBED WIRE IN THE BACK.
BUT THE, BUT THE BARBED WIRE IS, THERE'S AN OWNER IN FRONT THAT THESE ARE REALLY BIG LOTS.
AND THE GUY ON THE OTHER SIDE OF HIM IS FOUR ACRES.
SO HE'S GOT LIKE ALL OF HIS, UH, COWS AND STUFF LIKE THAT OVER THERE.
SO THERE'S NOT REALLY ANY KIND OF PEOPLE THAT REALLY GO IN THIS LITTLE AREA AND WALK AROUND.
YEAH, IT'S PRETTY ISOLATED, SO IT'S NOT GONNA YES.
IT'S NOT LIKELY TO ATTRACT JUST SOME RANDOM KIDS.
A LOT OF PEOPLE DON'T EVEN KNOW THERE'S A NEIGHBORHOOD BACK
[01:50:01]
THERE.THAT MAKES ME FEEL A LITTLE BIT BETTER ABOUT IT.
UH, VICE CHAIR, I WOULD MOVE TO CLOSE THE PUBLIC PORTION OF THE HEARING.
IT LOOKS LIKE WE HAVE A SECOND FROM COMMISSIONER SIG.
SO, UH, MEMBERS OF MOTION IS, UH, VICE CHAIR SECONDED BY COMMISSIONER SIG TO CLOSE THE PUBLIC HEARING.
UH, THERE, IT, IT SOUNDS LIKE THE AYES HAVE IT.
SO THE PUBLIC PORTION OF THE HEARING IS CLOSED.
UH, I'LL ENTERTAIN A MOTION ON THE SUBJECT.
PROPERTY COMMISSIONER, UH, T UM, I MOVE TO ADOPT THE STAFF'S, UH, PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND THE STAFF RECOMMENDED ORDER IN ITS ENTIRETY.
UH, THE QUESTION OCCURS ON, WELL, IS THERE DISCUSSION ON THE MOTION? I'LL RECOGNIZE COMMISSIONER SIG, I HAVE NOTHING TO ADD.
MEMBERS, YOU'VE HEARD THE MOTION, UH, QUESTION OCCURS ON THE MOTION OF COMMISSIONER SIG, SECONDED BY VICE CHAIR CAMPBELL TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT, INCLUSIONS OF LAW, AND RECOMMENDED ORDER IN THEIR ENTIRETY.
UH, IT'LL BE A, UM, ROLL CALL VOTE AND, UM, I'LL BEGIN WITH COMMISSIONER TOVI.
UH, COMMISSIONER, UH, SELIG AYE.
VICE CHAIR? OH, COMMISSIONER ALIGO.
THERE BEING SEVEN AYES? NO NAYS.
UH, THE, UM, THE MOTION CARRIES.
UM, THANK YOU, UM, UH, INVESTIGATOR PRESLEY.
UM, AND, UH, WE'LL MOVE ON TO ITEM.
[FUTURE AGENDA ITEMS]
UH, SO WE'RE, WE'RE THROUGH OUR CASES.WE'RE MOVING ON TO ITEM NUMBER EIGHT, WHICH IS FUTURE AGENDA ITEMS. AND, UM, I KNOW WE HAD THE GENTLEMAN EARLIER FROM MEADOW BEND.
I'M TOLD BY STAFF THAT THAT ONE IS AN ACTIVE CASE AND IS ACTUALLY NOT ELIGIBLE TO GO ON AS A, AS A FUTURE AGENDA ITEM.
UM, IS THAT CORRECT? YEAH, HIS PERMITS HAVE NOT BEEN FINALIZED ON THAT PROJECT, SO I CAN'T CLOSE THAT CASE YET.
ARE THERE ANY OTHER FUTURE AGENDA ITEMS? I JUST WANTED TO REMIND EVERYONE THAT, UH, YOUR TERMS END ON THE 28TH OF FEBRUARY, SO IF YOU HAVEN'T CONTACTED YOUR COUNCIL MEMBER TO LET THEM KNOW IF YOU WANT TO, YOU KNOW, UPDATE YOUR APPLICATION AND TO LET THEM KNOW IF YOU WANNA CONTINUE TO SERVE, PLEASE DO SO.
AND, UM, THAT'S IT, THAT'S JUST A REMINDER.
I GUESS I'LL ENTERTAIN A MOTION TO ADJOURN.
UH, I NOTICE THIS PACKET WAS IN OUR, AND IT ON THE ACCOUNTING ESTIMATE SUMMARY REPORT, BUT IT LOOKS LIKE THERE'S AN ADDENDUM TO THIS NOW WITH A, A NEWER DATE.
IS THAT, AM I READING THIS CORRECTLY? YES, WE'VE HAD THAT ADDENDUM.
IT WAS IN YOUR LAST, UH, OKAY.
YOU HAD THE ADDENDUM AT YOUR LAST, UH, IN YOUR LAST BINDER AT THE LAST RETREAT.
I JUST WANNA MAKE SURE IT WAS STILL THE SAME ONE.
UH, VICE CAMPBELL, I WOULD MOVE TO ADJOURN SECOND.
UH, HIGHLY PRIVILEGED MOTION OF VICE CAMPBELL, SECONDED BY COMMISSIONER LOCKHART TO ADJOURN.
THE COMMISSION STANDS ADJOURNED AT 8:42 PM.