Jul 23, 2025 Building and Standards Commission

[00:05:01]

UH, GOOD EVENING, HONORABLE COMMISSIONERS.

UH, MY NAME IS JOSHUA BRONSMAN.

UH, I AM HERE ON BEHALF OF THE PREVIOUS SELLER AND ALSO THE CURRENT OWNER FOR, UH, A REQUEST FOR ADDITIONAL PENALTY RELIEF AT, UH, 52 0 7 PRO LANE.

CASE NUMBER CL 2 2 2 0 8 14 68.

UM, I'M HERE TO RESPECTFULLY REQUEST BE PUT ON THE AGENDA FOR AUGUST MEETING.

UH, WE'RE WORKING WITH THE ORIGINAL FAMILY WHO WE'RE HERE, WHO I AM HERE ON BEHALF OF TO SEEK, UH, RELIEF FROM A PREVIOUS ORDER.

UH, WE WOULD GREATLY APPRECIATE BEING ABLE TO SPEAK TO THE COMMISSION AND EXPLAIN THE SITUATION AT LENGTH.

UM, UH, THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION.

COMMISSIONERS TAKE A LOOK AT THE, UM, MEETING MINUTES FROM OUR LAST MEETING THAT WE WERE JUST HANDED IN PERSON, AND THEN WE CAN VOTE ON WHETHER OR NOT TO APPROVE THOSE.

I BELIEVE THAT WE WILL CONSIDER THAT MATTER AT THE END OF THE MEETING WHEN WE DISCUSS FUTURE AGENDA ITEMS. THANK YOU.

UM, WITH THAT, WE WERE GOING TO TAKE THIS OUT OF ORDER, BUT IF MY FELLOW

[APPROVAL OF MINUTES]

I MOVE TO APPROVE THE MINUTES FOR THE JULY 23RD.

I FOR THE, WHAT DATE WAS THIS? UH, FOR THE JUNE.

JUNE 25TH, 2025 MEETING.

SECOND.

SECOND FROM, UH, COMMISSIONER IBARRA.

UM, I WILL TAKE A ROLL CALL VOTE ALL THOSE IN FAVOR, PLEASE SAY AYE.

THAT, WE WILL MOVE ON TO OUR FIRST AGENDA ITEM FOR TODAY, WHICH IS AGENDA ITEM NUMBER TWO.

HEARING SEVEN AYES AND NO NAYS.

THE MOTION PASSES AND THE MEETING MINUTES ARE APPROVED.

WITH

[2. Case Number: CL 2025-057370]

ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER SEAL 2025 DASH OH 5 73 70, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6 8 4 9 AUCKLAND DRIVE.

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

HERE'S SOME FACTS ABOUT THE CASE.

THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS HOMESTEADED AND CURRENTLY OCCUPIED.

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

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

THE STRUCTURE IS AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES REPAIR.

IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K IN THE RECOMMENDED ORDER CODE.

INSPECTOR RANDALL FIELDS IS CURRENTLY ASSIGNED TO THIS CASE AND HE'S HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS, VIOLATIONS AS DEPICTED INSPECTOR FIELDS.

PLEASE BEGIN YOUR TESTIMONY.

I'M CODE ENFORCEMENT OFFICER RANDALL FIELDS WITH THE CITY OF AUSTIN.

TODAY I PRESENT THE FINDINGS OF AN EXTERIOR INSPECTION AT 6 8 4 9 AUCKLAND DRIVE, AUSTIN, TEXAS ON JUNE 14TH, 2024.

I CONDUCTED THIS INSPECTION AND OBSERVED MULTIPLE STRUCTURAL VIOLATIONS.

THE FOLLOWING PHOTOGRAPHS SERVE AS EVIDENCE OF THE SIGNIFICANT DEFICIENCIES NOTED ON THE EXTERIOR OF THE SINGLE FAMILY RESIDENCE.

EXHIBIT TWO A.

EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE PROPERTY FROM A STREET VIEW AND A GOOD EXAMPLE OF THE UNMAINTAINED GRASS AND WEEDS.

EXHIBIT TWO B IS A CONTEXTUAL PHOTOGRAPH OF THE ENTRYWAY WITH THE IDENTIFYING ADDRESS.

EXHIBIT TWO C IS, UH, CONTEXTUAL OF THE STREET SIGN, ROCKLAND NVE.

EXHIBIT 2D DEPICTS THE REAR OF THE PROPERTY ILLUSTRATING THE CRITICAL IMPACT OF INSUFFICIENT MAINTENANCE.

THE IMAGE HIGHLIGHTS A SIGNIFICANT COLLAPSE OF THE ROOF DECKING, UH, DIRECTLY FACILITATING RAINWATER INTRUSION, ENVIRONMENTAL CONTAMINANTS, AND AN ACCESS POINT FOR WILDLIFE.

NEXT SLIDE TWO.

E ILLUSTRATES A ROTTED TRIM BOARD BY THE FRONT ENTRANCE OF THE HOUSE.

THIS CONDITION HAS FACILITATED AN ENVIRONMENT SUITABLE FOR SIGNIFICANT FUNGAL GROWTH.

NEXT SLIDE

[00:10:02]

TWO.

F TWO F IS A PHOTOGRAPH OF THE FRONT ENTRANCE SHOWING A COLLAPSED CEILING THAT PROVIDES AN ADDITIONAL ACCESS POINT FOR WILDLIFE.

WHILE DOCUMENTING THIS, AN OVERWHELMING SMELL OF URINE WAS DETECTED FROM THE PROPERTY.

EXHIBIT TWO G.

EXHIBIT TWO G IS A PHOTOGRAPH ALSO NEAR A FRONT ENTRANCE WHERE YOU CAN SEE A DAMAGED SOFF EVENT AND AN UNATTACHED DOWNSPOUT FOR THE ROOF DRAINAGE SYSTEM.

EXHIBIT TWO H IS A PHOTOGRAPH OF AN IMPROPERLY MAINTAINED GATE F AND FENCE IN DISREPAIR AS NOTED IN THE LETTER OF VIOLATION.

NEXT SLIDE TWO, TWO, I EXHIBIT TWO I IS A PHOTOGRAPH TAKEN FROM A NEIGHBOR'S YARD SHOWING THE GARAGE, UH, EXTERIOR SIDE DOOR FRAME ROTTED AND IN DISREPAIR.

NEXT SLIDE TWO J.

EXHIBIT TWO J ALSO TAKEN FROM A NEIGHBORING YARD WITH PERMISSION HIGHLIGHTS, A SEVERELY DAMAGED SED AREA AND EXTERIOR WALL DEMONSTRATING THE EXTENSIVE DISREPAIR OF THE STRUCTURE.

EXHIBIT 2K.

EXHIBIT 2K IS A PHOTOGRAPH ILLUSTRATING THE ABSENCE OF PROPER SURFACE COATING TO PREVENT DETERIORATION ALONG WITH A SECTION OF FASCIA AND SOFFIT IN DISREPAIR.

MY PRESENTATION OF 6 8 4 9 AUCKLAND DRIVE IS NOW COMPLETE.

I URGE AS A COMMITTEE TO ADOPT THE STAFF'S RECOMMENDED ORDERS.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE 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 2K.

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

A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL 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 WITHOUT THE CITY CONCLUDES ITS PRESENTATION.

I WILL NOW PASS IT TO THE, UH, PROPERTY OWNER TO OFFER THEIR TESTIMONY AT THIS TIME.

UM, I BELIEVE WE HAVE THREE PEOPLE SPEAKING IN REGARDS TO THIS MATTER.

UM, ARE YOU THE PROPERTY OWNER? YES.

ARE, ARE YOU MR. WARREN CHU? YES.

UH, I'LL GO AHEAD AND GIVE, UH, THE, GIVE THE MIC TO YOU TO, UM, OFFER YOUR TESTIMONY FIRST.

UM, BUT BEFORE WE DO, IF YOU HAVE ANY QUESTIONS IMMEDIATELY FOR CITY STAFF, UH, YOU MAY ASK THOSE NOW BEFORE BEGINNING YOUR AFFIRMATIVE PRESENTATION.

NO, I DIDN'T HAVE ANY.

IN THAT CASE, YOU MAY PROCEED.

UM, I I DIDN'T REALLY HAVE ANYTHING PREPARED.

UM, I WAS PREPARED TO COME ANSWER ANY QUESTIONS OF WHAT I NEEDED TO DO TO COMPLY WITH THE ASSESSMENT.

I BELIEVE WE HAVE TWO OTHER SPEAKERS IN REGARDS TO THIS, UH, MATTER.

A MS. KAREN HIPSCHMAN WHO MAY BE ATTENDING BY PHONE, UM, ARE THEY ON THE LINE? UM, .

IN THAT CASE, UM, I ALSO HAVE ON OUR SPEAKER LIST A CAROL LOGAN.

UM, I'M NOT SURE IF THEY'RE ON THE LINE.

ARE DO WE HAVE THEM ON THE LINE? YES.

UH, MS. LOGAN, IF YOU CAN UNMUTE YOURSELF AT THIS TIME BY PRESSING STAR SIX.

CAN YOU HEAR ME? I'M ON THE LINE.

YES, WE CAN HEAR YOU.

UH, YOU MAY BEGIN YOUR AFFIRMATIVE TESTIMONY.

FINANCIALLY ABOUT WHAT HIS PROPERTY IS COSTING ME, AND ALSO I HAVE BIG CONCERNS ABOUT THE HEALTH CHALLENGES IT FACES.

UH, YEAH, I LIVE RIGHT NEXT DOOR TO MR. WARREN CHU AND I, WE'VE BEEN NEIGHBORS FOR 20 YEARS, MAYBE I HAVE, HE DOES NOT WANT ANYTHING TO DO WITH ME.

I MAYBE HAVE CITED HIM FOUR TIMES IN 20 YEARS.

I HAVE GRAVE CONCERNS

[00:15:01]

UH, OF COURSE HIS PROPERTY IS RAT INFECT INFESTED, AND THERE ARE A, UM, A, A A FAMILY OR A COLONY OF RACCOONS LIVING IN HIS ATTIC THAT IF, AND I CAN WATCH THEM MARCH IN AND OUT ABOUT FIVE 30 IN THE MORNING WHEN IT'S STILL DARK.

UH, THEY PARADE INTO HIS HOUSE OR OUT OF HIS HOUSE.

THEY'RE NOCTURNAL ANIMALS AND SO THEY LIVE THERE.

THERE'S HUGE HOLES IN HIS ROOF AND THEY ALSO DIE IN HIS YARD.

AND RIGHT NOW THERE'S A DEAD RACCOON IN HIS YARD THAT HAS BEEN DECAYING FOR SEVERAL WEEKS.

AND I PUT, I TRESPASSED AND PUT A FILE BOX ON TOP OF IT WITH A BIG ROCK ON TOP OF THAT SO THAT THE MAGGOTS AND THE, UH, THE GERMS WOULD NOT, UH, AND THE STINK OF URINE AND, AND FROM ALL THOSE TIONS AND I, I HEAR THAT THERE'S ANOTHER DEAD ONE IN THE BACKYARD.

SO, UM, I AM CONCERNED ABOUT THE RACCOON COOP THAT'S ALL OVER AND THE RACCOONS THEN TRYING TO PENETRATE MY YARD AS WELL AS THE RATS COMING THROUGH THE FENCE.

MR. Q HAS CHEATED ME OUT OF $3,000 BECAUSE WE MUST BY THE HOA, UH, HAVE A FENCE BETWEEN OUR YARDS.

AND I BOUGHT, AND I HAD THAT CONSTRUCTED IN ORDER TO COMPLY $6,000.

MR. CHU CHEATED ME OUT OF THE $3,000.

MOST OF ALL I'M CONCERNED ABOUT THE DISEASE THAT'S THERE.

AND NOW I'M CONCERNED ABOUT THE PREDATOR DANGER.

WE KNOW THAT THERE IS A BOBCAT THAT SITS IN THAT TREE WATCHING THOSE RACCOONS PARADE IN AND OUTTA THAT HOUSE.

I HAVE FOUR GRANDCHILDREN UNDER THE AGE OF SIX.

TWO OF THEM DELIGHTFUL LITTLE TODDLERS.

AND I HAVE A POOL BACK HERE, AND I LOVE FOR MY GRANDCHILDREN TO COME AND PLAY.

THEY WOULD BE A NICE EVENING MEAL FOR THAT BOBCAT WHO'S SITTING IN THE TREE TRYING TO DECIDE WHICH OF THE RACCOONS OR WHICH OF THE CHILDREN HE'S GOING TO EAT OR SLASH THEIR EYES OUT.

SO I AM REALLY CONCERNED ABOUT THE PREDATOR OF, OF THAT BOBCAT.

AND I'M ALSO CONCERNED ABOUT THOSE RACCOONS DYING AND ROTTING AND POOPING IN THE BACKYARD AND THE RAT AND, I DON'T KNOW, AND ALSO THE MOLD COMING OUTTA THAT HOUSE AND THE SMELL OF U URINE.

I AM ALLERGIC TO MOLD AND I GET ASTHMA FROM IT, AND IT'S HARD FOR ME TO TELL HOW MUCH THAT'S AFFECTING ME.

UM, BUT THIS HOUSE IS, UH, IS, IS A VERY GOOD, BIG HEALTH CONCERN TO ME.

AND I'M ESPECIALLY CONCERNED NOW THE DANGER THAT, UM, THE, THE BOBCAT THAT THE RACCOONS ARE ATTRACTING.

THANK YOU FOR YOUR TESTIMONY.

I WILL NOW OPEN IT UP TO MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS THAT THEY WOULD LIKE TO OF CITY STAFF OR THE PROPERTY OWNER OR MS. LOGAN CHAIR.

UM, DID WE ADMIT THE EXHIBITS? OH, NO, WE HAVE NOT.

YOU'RE CORRECT.

THE CITY HAS EXHIBITS AND THE OWNER, UH, YES, I WILL ADMIT EXHIBITS TWO A AND, UH, I'M SORRY, ONE AND TWO THROUGH TWO A THROUGH 2K.

AND I WILL ALSO ADMIT THE PROPERTY OWNERS EXHIBITS, WHICH WE HAVE IN OUR FOLDERS IF ANY OF THE COMMISSIONERS WOULD LIKE TO LOOK THROUGH.

UM, IF NOBODY ELSE HAS ANY QUESTIONS, I, I WOULD JUST LIKE TO ASK MR. CHU IMMEDIATELY, UM, WHAT ARE YOUR PLANS FOR THE PROPERTY AND WHAT'S KIND OF BEEN THE HOLDUP IN GETTING THESE REPAIRS DONE? SO, UM, AS FAR AS THE EXHIBIT I SUBMITTED, UM, THE INITIAL PHOTO I GOT, COULD YOU PLEASE TURN YOUR MIC ON THE ESTIMATE I ORIGINALLY GOT, THERE WAS A MISTAKE ON IT, AND SO THE DECIMAL POINT WAS IN THE WRONG SPOT.

SO THAT SEEMED UNREASONABLE AND I TRIED TO GET ADDITIONAL QUOTES, BUT THEN I HAD MISSED A FOLLOW-UP EMAIL THAT HAD THE CORRECTED QUOTE.

UM, I ONLY RECENTLY DISCOVERED THAT I WAS GATHERING DOCUMENTS TO DETAIL WHAT I HAD DONE THUS FAR.

AND, UM, BASED ON THOSE QUOTES, I, I AM PROCEEDING WITH THAT, UM, VENDOR FOR THE ROOF REPAIR.

BUT YOU ARE IN, IN THE PROCESS OF GETTING IT REPAIR WITH THAT? YEAH, SO THEY, THEY'RE CURRENTLY SCHEDULED TO, UM, START WORK, UM, IN AUG THE BEGINNING OF AUGUST.

I THINK IT WAS AUGUST 4TH.

AND DID YOU SAY THAT WAS SPECIFICALLY FOR THE ROOF REPAIR? UM, THE ROOF REPAIR, MM-HMM .

SO, WHICH I'LL NEED TO COMPLETE FIRST BEFORE, UM, SOME OF THE OTHER REPAIRS TO THE, TO THE FASCIA, ET CETERA, AND THE SOFFITS.

UM, A VENDOR FOR GETTING RID OF THE RACCOONS.

UM, I WILL, I COULD USE SOME HELP IN IDENTIFYING, UM,

[00:20:03]

I'VE TRIED TO DO SOME REACH ON ON THAT, BUT IT'S NOT CLEAR EXACTLY, UM, ONES THAT CAN GUARANTEE THE, THE REMOVAL AND, AND SO FORTH.

AND AS FAR AS THE RELATED TO THE RACCOONS, UM, I BELIEVE IT WAS MY NEIGHBOR THAT ASKED IF THEY COULD PUT A TRAP AND MONITOR THAT ON MY PROPERTY, WHICH I AGREED.

AND SO I ASSUMED THAT THAT TRAP WAS BEING MONITORED BY THEM OR VOLUNTEER.

SO THAT POTENTIAL DEAD RACCOON, I WAS NOT MADE AWARE OF IT UNTIL THE SIGN UP AND I ASSUMED THAT IT WAS 'CAUSE THEY HADN'T CHECKED THE TRAP RECENTLY AND THEY WERE STILL GOING TO TAKE CARE OF IT.

'CAUSE I DID NOT MANAGE THAT TRAP THAT WAS PLACED ON MY PROPERTY.

AND, AND JUST TO BE CLEAR, YOU DON'T LIVE AT THIS PROPERTY? THAT'S CORRECT.

NO, I DO LIVE AT THIS PROPERTY.

OH, YOU DO, YOU DO LIVE AT, SO, SO I DO KNOW THAT THERE'S DAMAGE TO THE PART OF MY HOUSE AND, AND SO FORTH.

UM, SO I AM AWARE OF THE, THE URINE AND THE COLLAPSED, UM, ENTRY RATE WAS PROBABLY DUE TO THE RACCOONS BEING UP THERE AND, AND SO FORTH.

DO ANY OTHER COMMISSIONERS HAVE ANY QUESTIONS AT THIS TIME? CHAIR? YES.

COMMISSIONER FRANCIS, 10 OR 12 ITEMS ON THAT ARE LISTED HERE.

I'M SURE YOU'VE GOTTEN THAT DOCUMENTATION IN ADDITION TO THE ROOF.

WHAT'S THE PLAN BEYOND THE ROOF, THE, THE HIGHER CONTRACTORS, THE, TO GET THE OTHER WORK DONE, TO BRING UP THE BUILDING TO CODE? ARE YOU AWARE OF ALL, ALL THE DIFFERENT ITEMS THAT ARE REQUIRED? YEAH.

UM, I, I KNEW ABOUT THE SOFFITS.

UM, AS FAR AS LIKE, ONCE THAT'S ALL REPAIRED, I WAS GOING TO GET THE HOUSE REPAINTED.

SO, SO PART OF IT, UM, BEFORE I REPAIRED THE SOFFITS WAS TO MAKE SURE THAT I WAS ABLE TO GET A PROPER PEST CONTROL LIST TO DEAL WITH THE RACCOONS SINCE, UM, ANY ATTEMPT TO REPAIR THOSE BEFORE THEY'RE VACATED, UM, WOULD BE PROBLEMATIC.

AND I'D HAVE TO MAKE SURE THAT ANY, UM, PROTECTIONS AGAINST THE RACCOONS OR TO REDUCE THE CHANCE THAT THEY'LL BREAK INTO THE HOUSE AGAIN.

I THINK THE, THE, THE LARGE HOLE YOU SEE WAS EXACERBATED BY THEM WHEN THEY, UM, FOUND EITHER A SLIGHT OPENING THAT MIGHT HAVE BEEN CAUSED DURING, DURING THE, THE ICE STORM A FEW YEARS AGO.

UM, AND THEN ACCELERATE THE, THE DAMAGE TO THE AREA.

SINCE YOU WERE LIVING IN THE HOME, HOW LONG HAVE THEY BEEN IN THERE? OH, I ASSUME ABOUT A YEAR OR THERE'S ALWAYS BEEN RACCOONS IN THE AREA.

UM, AND IN THE PAST IT, IT WAS HARD TO TELL IF THEY WERE JUST ON THE ROOF.

'CAUSE I DO HAVE TREES OVERHANGING AND, UM, WE ALSO HAVE A LOT OF FERAL CATS IN THE NEIGHBORHOOD, UM, THAT WE'D GO UP AND DOWN THE ROOF.

SO IT'S HARD TO TELL EXACTLY WHEN IT WAS THE RACCOONS THAT WERE VISITING THE PROPERTY VERSUS, UM, THE FERAL CATS.

SURE.

UH, FOR, UH, FOR CITY STAFF OF THE CODE OFFICER, HAVE WE, UH, HAVE, DID YOU HAVE THE OPPORTUNITY TO SEE INSIDE THE STRUCTURE? NO, I'VE NEVER BEEN INSIDE THE OKAY.

WOULD, I MEAN, I, I I GUESS I'M, I'M NO EXPERT, BUT A HOLE IN THE ROOF, COULD THAT LEAD TO WATER DAMAGE IN THE INTERIOR OF THE BUILDING AS WELL? I MEAN, IS THAT, IS THAT A RISK? I JU MR. CHU, I THINK THAT'S WHAT THE RAINWATER INTRUSION WHERE THAT HAD LISTED IN ONE OF THE DEFICIENCIES.

IT'S ONE OF THE MOST IMPORTANT THINGS IS TO SEAL THAT EXTERIOR ENVELOPE.

SEEING NONE AT THIS TIME, I WOULD WELCOME A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.

BUT HE'S RIGHT, HE'S SMART.

IF HE'S GONNA FIX THAT FIRST, THAT'S EXACTLY WHAT YOU'RE SUPPOSED TO FIX FIRST AND THEN GET THOSE RACCOONS OUT.

YEAH, I JUST, MR. TRUE.

I THINK, YOU KNOW, THE, THE REPAIRS COULD BE, YOU KNOW, BEYOND THE ROOF.

I MEAN, THERE COULD BE A LOT.

NO, I UNDERSTAND A LOT GOING ON, SO I JUST HOPE YOU'RE PREPARED.

YES, I'M PREPARED NOW.

THE DELAYS HAS BEEN DUE TO MY, MY PERSONAL CIRCUMSTANCES.

UM, I WAS TRYING TO GET THIS SCHEDULED.

I I CURRENTLY WORK FOR THE FEDERAL GOVERNMENT, SO THE, THE RECENT CHANGE IN ADMINISTRATION HAS HAD AN IMPACT AT THE LEVEL OF STRESS AND THE LEVEL OF HOURS I HAVE TO, TO WORK, UM, THAT IS STARTING TO DIE DOWN WHERE WE HAVE A MORE REASONABLE, UM, MISSION AS FAR AS GETTING THE TYPES OF WORK WE NEED TO DO TO COMPLY WITH WHAT WE ARE MANDATED BY, BY FEDERAL STATUTE.

ARE THERE ANY OTHER QUESTIONS FROM FELLOW COMMISSIONERS?

[00:25:04]

UH, THAT IS A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING FROM COMMISSIONER MUSCO.

IS THERE A SECOND? SECOND THAT'S SECONDED BY COMMISSIONER LOCKHART.

HEARING SEVEN AYES AND NO NAYS.

THE MOTION PASSES.

UM, THAT CONCLUDES THE PUBLIC PORTION OF THIS HEARING.

IF YOU DON'T MIND STAYING, UH, UP THERE SO WE CAN ASK YOU QUESTIONS.

YOU'RE JUST DONE WITH THE AFFIRMATIVE PORTION OF YOUR TESTIMONY.

UM, WE MAY STILL ASK QUESTIONS WHILE WE DISCUSS THIS MATTER.

UM, WITH THAT I WOULD WELCOME A MOTION BEFORE WE MOVE INTO DISCUSSION.

I, UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.

THAT IS A MOTION TO ADOPT THE RECOMMENDED ORDER FROM COMMISSIONER LACOT.

IS THERE A SECOND? SECOND? THAT'S A SECOND FROM COMMISSIONER MUSGROVE.

UM, WELL, COMMISSIONER LACOT, WOULD YOU LIKE TO START YOUR DISCUSSION? IS THERE ANY OTHER COMMISSIONER WHO WOULD LIKE TO BE RECOGNIZED ON THIS MATTER? SEEING NONE, I THINK WE CAN MOVE INTO A ROLL CALL VOTE.

UM, JUST BEFORE WE DO, I, I WANNA SAY TO MR. CHU, UM, SOMETHING WE ALWAYS KIND OF DISCUSS IN REGARDS TO, UH, THESE KINDS OF RESIDENTIAL CASES IS THAT THERE IS AN OFFSET AVAILABLE.

SO IF WE DO, UM, PASS A MOTION THAT IMPOSES A FINE FOR NON-COMPLIANCE, UM, THAT CAN BE, UH, THE REPAIR COSTS CAN BE REDACTED FROM THAT, UH, REDUCED FROM THAT.

SO I, I SUGGEST THAT YOU KEEP IN CONTACT WITH, UM, CITY STAFF IF WE DO, UH, ISSUE A MOTION I AN ORDER OF THAT KIND JUST TO MAKE SURE THAT YOU'RE FAMILIAR WITH THAT.

AND, UM, ALSO THAT I'M SURE THEY CAN HELP YOU WITH IDENTIFYING EXACTLY WHICH ISSUES ARE IN NEED OF REPAIR.

YES, MR. JAMES KINDLY INFORM ME OF THAT.

FANTASTIC.

WELL, IN THAT CASE, WE CAN MOVE INTO A ROLL CALL VOTE.

I WILL CALL EACH COMMISSIONER'S NAME, JUST SIGNIFY YOUR INTENTION FOR VOTING BY SAYING I OR NAY.

UM, COMMISSIONER IBARRA AYE.

COMMISSIONER MUSGROVE AYE.

ITEM NUMBER SIX FOR THE PROPERTY AT 26 0 6 WHEELIS LANE.

HEARING SEVEN AYES AND NO NAYS, THE MOTION PASSES.

THAT IS A MOTION TO ADOPT THE RECOMMENDED ORDER.

SO THAT ORDER WILL BE MAILED TO YOU AND, UM, AGAIN, JUST KEEP IN CONTACT WITH CITY STAFF AND, UH, HOPEFULLY YOU CAN GET THE PROPERTY REPAIRED.

WITH THAT, WE WILL MOVE ON TO OUR NEXT CASE, WHICH I BELIEVE WE SHOULD TAKE THE CASES SLIGHTLY OUT OF ORDER HERE.

I'VE BEEN TOLD WE HAVE, UM, SOME SPECIAL CIRCUMSTANCES.

UM, SO I WANT TO GO NEXT TO AGENDA

[6. Case Numbers: CL 2025-071669; CL 2025-071621; CL 2025-071660; CL 2025-071635; 2025-071712; CL 2025-071724; CL 2025-071729; CL 2025-071755 and CL 2025-07180]

ITEM NUMBER SIX ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 2 6 0 6 WHEELIS LANE.

IT IS LOCALLY KNOWN AS VELO FLATS.

THE CASE NUMBERS ARE AS FOLLOWS, CL 2025 DASH OH 7 16 69 IS REGARDING THE OFFICE.

CL 2025 DASH OH 7 1 16 21 IS REGARDING BUILDING ONE CL 2025 DASH OH 7 1 6 60.

REGARDING BUILDING THREE CL 20 25 0 7 16 35 IS REGARDING BUILDING FOUR CL 2025 DASH OH 7 7 12 IS REGARDING BUILDING FIVE CL 2025 DASH OH 7 7 24 IS REGARDING BUILDING SIX CL 20 25 7.

7 29 IS REGARDING BUILDING SEVEN CL 2025 DASH OH 7 70 55 IS REGARDING BUILDING EIGHT AND CL 2025 DASH OH 7 8 0 3 IS REGARDING BUILDING NINE STAFF EXHIBITS CAN BE FOUND IN THE PLUMB BOOKS IN YOUR READERS AND THE, THE GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THE PROPERTY.

THIS IS, UH, UNOCCUPIED.

COMMERCIAL MULTIFAMILY PROPERTY CONSISTS OF AN OFFICE AND NINE BUILDINGS.

WE'LL BE HEARING NINE CASES ADDRESSING THE OFFICE AND EIGHT OF THE NINE, UM, APARTMENT STRUCTURES, RESIDENTIAL STRUCTURES.

UM, THESE CASES WERE OPENED IN MARCH OF 2025

[00:30:01]

AS THE RESULT OF A FIRE AT THE PROPERTY ON FEBRUARY 28TH, 2025.

THERE ARE NO ACTIVE PERMITS RELATED TO THE SIGHTED VIOLATIONS.

THE PROPERTY IS LOCATED LESS THAN A THOUSAND FEET FROM THE CLOSEST SCHOOL.

THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE IN ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.

IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU'LL FIND THE FOLLOWING ODD NUMBER, EXHIBITS 1 3 5 7, 9 11, 13, 15, AND 17, WHICH CONTAIN THE COMPLAINTS AND CASE HISTORIES.

A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, A MAP SHOWING PROXIMITY TO NEARBY SCHOOLS, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, A FIRE INCIDENT REPORT, AND EVEN NUMBERED EXHIBITS 2 4 6 8 10 12 14, 16, AND 18, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.

AUSTIN CODE INSPECTOR SYLVIA VILLAREAL IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.

INSPECTOR VILLAREAL.

PLEASE BEGIN YOUR TESTIMONY.

MY NAME IS SYLVIA VILLAREAL.

I I'M A CODE INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT.

UH, CODE COMPLIANCE.

THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL MULTIFAMILY PROPERTY, WHICH IS LOCATED AT 2 6 0 6 WHEELERS LANE.

THE OWNERS, THE OWNERS OF RECORDS, HAVE BEEN IDENTIFIED AS BELL FLATS, LLC PER THE TRAVIS CENTRAL APPRAISAL DISTRICT ON MARCH 1ST, 2025.

AN INSPECTION WAS PERFORM BY INSPECTOR CHARLES EDWARDS AT 2 6 0 6 WHEATUS LANE, KNOWN AS AVELO FLAT DEPARTMENTS DUE TO A REPORT OF A FIRE THAT OCCURRED IN BUILDING NUMBER TWO ON MARCH 1ST.

SUPERVISOR MOSES RODRIGUEZ CONDUCTED INSPECTION OF THE 2 6 0 6 WHEELIS LANE AND OBSERVED BUILDINGS ONE THROUGH NINE WITH, WITH BROKEN AND OPEN DOORS THROUGHOUT THE PROPERTY.

ON MARCH 3RD, 2025, AN EMERGENCY BOARD AND SECURE WAS INITIATED IN PROPERTY.

UH, BUILDINGS ONE THROUGH NINE, INCLUDING LEASING OFFICE WERE BOARDED ON MARCH 6TH, 2025.

EMERGENCY BOARDING SECURES AND NOTICE OF VIOLATIONS WERE MAILED TO THE OWNER AND WITH DETAILED VIOLATIONS, THE NOTICE OF VIOLATIONS WERE POSTED ON BUILDINGS ONE THROUGH NINE, INCLUDING A LEASING OFFICE ON APRIL 2ND, 2020 FIFTH.

THIS CASE WAS ASSIGNED TO ME AND I PERFORMED INSPECTIONS OF BUILDINGS ONE THROUGH NINE, INCLUDING THE LEASING OFFICE AT 2 6 0 6 WHEELERS LANE.

AS I CONDUCTED MY INSPECTIONS, I OBSERVED MULTIPLE WINDOWS AND DOORS BOARDED, INCLUDING BOARDS REMOVED OR BROKEN, BROKEN CAUSING ACCESS INTO BUILDINGS, INCLUDING THE BROKEN WINDOWS.

ALL ELECTRIC POWER BOXES WERE BROKEN OR REMOVED FROM ALL BUILDINGS.

CONTACT WAS MADE WITH THE AUSTIN ENERGY ON JULY 17TH, 2025, CONFIRMING THERE WAS NO ACTIVE SERVICE AT 2 6 0 6 WHEELER LANE.

AN EXTERIOR INSPECTION WAS PERFORMED AS WELL, AND I DISCOVERED ALL BUILDINGS WERE DAMAGED WITH LARGE HOLES CAUSING EXPOSED AREAS OF ENTRY.

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

IN ADDITION TO THE SAFETY HEALTH AND THE CONCERN OF NEIGHBORS, THE 2 6 0 6 WHEEL OF SAME AT THIS TIME, I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

UH, FIRST PHOTO'S GONNA BE TWO A, WHICH IS THE LEASING OFFICE, WHICH IS MY CONTEXTUAL PHOTO.

IN THIS PHOTO, AS YOU CAN SEE, THERE ARE VISIBLE BROKEN WINDOWS LEFT UN BOARDED, DAMAGE TO THE INTERIOR WALLS.

NEXT, PHOTO TWO B.

AS YOU CAN SEE, THE MAIN ENTRANCE DOOR, UH, LOCK IS BROKEN.

NEXT PHOTO, UH, PHOTO TWO C, THE INTERIOR WALLS ARE DAMAGED, UH, WHICH IS EXPOSING THE WOOD FRAME.

NEXT PHOTO 2D, THE ELECTRICAL WIRING HAS BEEN REMOVED.

NEXT PHOTO.

THE NEXT PHOTO IS GOING TO BE A CONTEXTUAL PHOTO OF BUILDING NUMBER FOUR.

AND THIS PHOTOS, AS YOU CAN SEE, IS DISPLAYING BROKEN AND BOARDED WINDOWS.

NEXT PHOTO, UH, PHOTO FOUR B HAS UNSECURED BROKEN WINDOWS.

PHOTO FOUR C, THE PHOTOS YOU CAN SEE DISPLAYS DAMAGE TO THE INTERIOR WALLS EXPOSING THE WOOD FRAME.

FOUR D HAS RIPPED WIRING, WHICH HAS CAUSED ELECTRICAL DAMAGE.

FOUR E HAS A DAMAGED DOOR AND NO APARTMENT NUMBER IDENTIFIER.

NEXT PHOTO, UH, THIS PHOTO IS SIX A, WHICH IS A CONTEXTUAL PHOTO OF BUILDING NUMBER THREE.

NEXT PHOTO, UH, SIX

[00:35:01]

ELECTRICAL WIRING, AS YOU CAN SEE, HAS BEEN PULLED FROM THE BOX.

SIX C AS YOU CAN SEE, HAS DAMAGE TO THE EXTERIOR WALLS.

NEXT PHOTO, SIX D AS YOU CAN SEE IS DAMAGED AND MISSING DOOR, INCLUDING A BOARDED BROKEN WINDOW.

SIX E HAS INTERIOR DAMAGED WALLS.

EIGHT A IS A POTENTIAL PHOTO OF BUILDING NUMBER FOUR, WHICH IS DISPLAYED DAMAGE TO THE WINDOWS AND DOORS.

PHOTO EIGHT B, AS YOU CAN SEE, WINDOWS AND DOORS HAVE BEEN BROKEN.

I'M SORRY, DOORS HAVE BEEN BOARDED.

HC, AS YOU CAN SEE, HAS THE DAMAGED BROKEN DOOR, INCLUDING A MISSING LOCK, MISSING LOCKS.

EIGHT D IS INTERIOR DAMAGE TO THE WALLS AND A BROKEN WINDOW.

NEXT PHOTO.

THIS PHOTO AE, AS YOU CAN SEE, THERE'S DAMAGE TO THE ELECTRICAL WIRING.

10 A IS A CONTEXTUAL PHOTO OF BUILDING NUMBER FIVE, WHICH INCLUDES BROKEN BOARDED WINDOWS AND SEVERAL MISSING ONBOARDED ENTRIES.

10 B UH, IS THE SIDE OF THE STRUCTURE, AS YOU CAN SEE, HAS A BROKEN AND DAMAGED ELECTRICAL BOX.

10 C AS YOU CAN SEE, HAS DAMAGED STAIRS AND MISSING GUARDRAILS.

INCLUDED IS BROKEN WINDOWS AND A MISSING UNIT NUMBER AND 10 D UH, THE FRONT DOOR AND LOCK ARE BROKEN.

THIS PHOTO IS 12 A, WHICH IS A CONTEXTUAL PHOTO OF BUILDING NUMBER SIX, WHICH INCLUDES DAMAGE TO THE SIDE OF THE STRUCTURE, WHICH HAS BEEN BOARDED 12 B UH, BROKEN DOOR TO THE UNIT.

PHOTO 12 C HAS RIPPED AND DAMAGED WALLS EXPOSING THE DOOR FRAME, UH, EXPOSING WOOD FRAME 12 D HAS RIPPED AND DAMAGED ELECTRICAL WIRING.

AND PHOTO 12 E HAS BROKEN, MISSING DOOR AND DAMAGED WINDOWS.

14 A IS A CONTEXTUAL PHOTO OF BUILDING NUMBER SEVEN, WHICH HAS DISPLAYED DAMAGE TO THE SIDE OF THE STRUCTURE, WHICH HAS BEEN BOARDED.

14 B AS YOU CAN SEE, HAS AN ENTRANCE DOOR MISSING.

14 C HAS DAMAGE TO THE INTERIOR WALLS TO THIS UNIT, WHICH IS EXPOSING WOOD FRAMES AND PLUMBING.

14 D HAS DAMAGED ANY ELECTRICAL, UH, AIRING.

AND 14 E HAS.

YOU CAN SEE THE GLASS IS MISSING TO THE DAMAGED, BROKEN WINDOW.

UH, THE FRONT DOOR IS BO, UH, BROKEN AND THERE'S NO UNIT NUMBER.

16 A IS A CONTEXTUAL PHOTO OF BUILDING NUMBER EIGHT.

AND THIS PHOTO ELECTRIC BOX WAS RIPPED FROM THE SIDE OF THE BUILDING AND STRUCTURAL DAMAGE TO THE SIDE OF THE BUILDING.

SIX B, AS YOU CAN SEE, HAS DAMAGED BOARDED WINDOWS 16 B UH, HAS DAMAGED BOARDED WINDOWS 16 C UH, HAS BROKEN IN MISSING DOORS, AND 16 D HAS A MISSING UNIT NUMBER.

UH, 18 A IS A CONTEXTUAL PHOTO OF BUILDING NUMBER NINE, WHICH YOU CAN SEE, UH, HAS BROKEN, HAS BROKEN IN, UH, BOARDED DOORS AND EXTERIOR STRUCTURE, DAMAGE TO THE SIDE OF THE BUILDING.

18 B UH, BROKEN AND ONBOARDED WINDOW.

18 C HAS A BROKEN AND DAMAGED ELECTRICAL BOX ON THE SIDE OF THE INTERIOR WALL.

THE STRUCTURE 18 D UH, HAS A BROKEN AND MISSING DOOR, AND 18 C HAS A MISSING UNIT NUMBER.

UH, THIS CONCLUDES MY TESTIMONY.

I'M AVAILABLE TO ANSWER ANY QUESTIONS.

EIGHT A THROUGH EIGHT E, 10 A THROUGH 10 D, 12 A THROUGH 12 E, 14 A THROUGH 14 E, 16 A THROUGH 16 D AND 18 A THROUGH 18 E, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.

UH, ONE FINAL NOTE IS, SO FAR THE TOTAL COST FOR, UH, BOARDING AND SECURING THIS PROPERTY SO FAR HAS BEEN $11,748.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE, UM, SUBSTANDARD STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 18 E CONSISTING OF EXHIBITS 1, 3, 5, 7, 9, 11, 13, 15, AND 17, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS 2, 4, 6, 8, 10, 12, 14, 16, AND 18 MARKED AS TWO A THROUGH 2D, FOUR A THROUGH FOUR E, SIX A THROUGH SIX E,

[00:40:01]

BEFORE I READ THE RECOMMENDATION, I HAVE A REQUEST OF THE VICE CHAIR BECAUSE THE ORDERS ARE ALL ESSENTIALLY THE SAME.

PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER WITH THE UNDERSTANDING THAT WE ARE REQUESTING NINE SEPARATE ORDERS, ONE PER EACH OF THE NINE STRUCTURES, UH, YOU MAY PROCEED DOING SO.

STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.

AND IN EACH OF THE NINE CASES, 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 COMMERCIAL MULTIFAMILY STRUCTURES AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.

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

IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

WITH THAT, THE CITY CONCLUDES THIS PRESENTATION.

THANK YOU FOR THAT PRESENTATION.

I WILL AT THIS TIME ADMIT EXHIBITS 1, 3, 5, 7, 9, 11, 13, 15, AND 17, AS WELL AS EXHIBITS MARKED TWO A THROUGH 2D, FOUR A THROUGH FOUR E, SIX A THROUGH SIX E, EIGHT A THROUGH EIGHT E, 10 A THROUGH 10 D, 12 A THROUGH 12 E, 14 A THROUGH 14 E, 16 A THROUGH 16 D AND 18 A THROUGH 18 E.

UM, AT THIS TIME I BELIEVE WE HAVE REPRESENTATIVES OF THE PROPERTY OWNER.

UM, I CAN'T QUITE READ THE HANDWRITING.

I THINK THIS IS, UH, TOM PETTY.

UH, IS THAT CORRECT? IS THERE A PERSON FOR, IS NO, SORRY.

THAT IS FOR THE LATER CASE.

I THINK THERE ARE, UM, NEIGHBORS HERE OR PUBLIC.

THE STATS EVEN THOUGH THEY INCLUDE THE PATENT OR DO YOU, DO YOU NOT WANT THOSE SEPARATED OUT? UH, SORRY, ARE YOU SAYING THAT THE, UM, THEY'RE INCLUDED IN THE FILE REGARDING PATENT LANE PROPERTY, BUT NOT IN THIS ONE, BUT RIGHT.

UM, IS IT A, I'M SORRY.

THERE'S, UM, WE HAVE SOME CI SOME MORE CITY STAFF HERE THAT WANTED TO TESTIFY.

OH YES, OF COURSE.

UM, YES, IF THEY WOULD LIKE TO, UH, GO AHEAD AND OFF OF IT TESTIMONY AT THIS TIME.

THANK YOU, UH, COMMISSIONERS.

THANK YOU FOR HAVING US SPEAK TODAY.

UH, I AM SERGEANT JASON HUSKINS WITH AUSTIN POLICE DEPARTMENT.

I SUPERVISE THE NORTH DISTRICT REPRESENTATIVE UNIT.

I HAVE SIX OFFICERS THAT COVER AN AREA BASICALLY FROM 51ST STREET NORTH AS FAR AS YOU WANT TO GO ROUND ROCK, PFLUGERVILLE, EAST AND WEST.

IT'S A LARGE AREA.

OUR ONE SECTOR, UH, EDWARD SECTOR, WE HAVE THREE, BUT EDWARD SECTOR IS BASICALLY THE SIZE AND CONTAINS THE SAME NUMBER OF POPULATION AS ROUND ROCK.

SO IT'S A PRETTY BIG AREA.

UM, MY PURPOSE OF BEING HERE TODAY IS TO PAINT A PICTURE FOR YOU GUYS OF THE NEGATIVE IMPACT THAT THESE ABANDONED STRUCTURES HAVE ON OUR DEPARTMENT AS FAR AS LACK OF RESOURCES THAT WE HAVE TO DEAL WITH, THE SIGNIFICANT AMOUNT OF CALLS THAT WE GET TO THESE LOCATIONS, THE STRUCTURES, AND THEN ALSO JUST THE HUMAN SIDE OF THE HORRIBLE THINGS THAT HAPPEN IN THESE STRUCTURES AS LONG AS THEY'RE ALLOWED TO REMAIN.

UM, I CAN TELL YOU FROM MY EXPERIENCE, UH, THE ULTIMATE SOLUTION THAT WE'VE SEEN WORK IS TO DEMOLISH THE, THE STRUCTURE.

WE STILL HAVE ISSUES WITH A VACANT LOT, BUT IT'S A LOT EASIER TO DEAL WITH THOSE ISSUES THAN IT IS TO DEAL WITH BUILDINGS WITH NUMEROUS ROOMS, AND YOU CAN IMAGINE.

UM, BUT, UH, I DID WANNA APOLOGIZE THAT WE DIDN'T SEPARATE OUR STATS.

WE WERE COMING TO DISCUSS PATENT AS WELL AS WHEEL LIST, BUT REALLY YOU CAN TAKE THE SAME THINGS THAT I'M GONNA TELL YOU ABOUT AND JUST COVER THE WHOLE CITY.

AND IT'S THE SAME WITH MOST OF THE, THE STRUCTURES THAT THEY'RE ABANDONED.

UM, THEY'RE VERY MUCH AN ATTRACTOR FOR CRIME.

UH, I'M NOT SURE IF ANY OF YOU'RE FAMILIAR WITH CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN, UH, IDEAS, BUT THEY HAVE ATTRACTORS AND THESE PROPERTIES SERVE AS, AS ATTRACTORS.

AND SO REALLY WHAT WE SEE IS THE PROPERTIES BEING INHABITED BY PEOPLE EXPERIENCING HOMELESSNESS AND, UH, ALL OF THE THINGS THAT KIND OF GO ALONG WITH THOSE FACTORS, UH, COME TO THAT PROPERTY AND THE NEIGHBORHOOD AROUND IT.

SO, UH, IS IT OKAY IF I JUST MENTION

[00:45:01]

SO WE JUST KIND OF LOOKED AT ALL THREE PROPERTIES.

WE THOUGHT THEY WERE GONNA BE TAKEN AS ONE, BUT I DIDN'T REALIZE THEY WERE SEPARATED OUT.

UM, I DON'T HAVE ANY PROBLEM WITH THAT.

I DON'T KNOW IF THERE'S A PROBLEM WITH THAT EVIDENTIARY WISE, UM, OR IF THERE'S EVIDENCE IS GOING TO BE ADMITTED LATER.

RIGHT.

I, I THINK MY CONCERN CHAIR GOES MORE TOWARDS JUST HAVING A, A RECORD.

I DO WANT TO BE RESPECTFUL OF OUR OFFICER'S TIME, BUT I ALSO WANT TO MAKE SURE THAT WE'RE BEING CLEAR AS FAR AS OUR RECORD IN CASE THERE IS IN THE EVENT OF AN APPEAL.

UM, AND SO I'M JUST CONCERNED THAT THERE MIGHT BE A LITTLE BIT OF CONFLATION IF WE HAVE TESTIMONY ON MORE THAN JUST ONE SINGLE ADDRESS OR MORE THAN ONE PROPERTY THAT'S UNRELATED TO WHEELIS, IF THAT MAKES SENSE.

UH, THAT MAKES SENSE.

UM, MY, MY UNDERSTANDING OF WHAT YOU'RE SAYING IS THAT THESE ARE GENERAL STATISTICS, THEY JUST HAPPEN TO BE INCLUDED IN THE LATER FILE.

UM, SO I'M WONDERING IF CITY STAFF KNOWS EXACTLY WHICH EXHIBIT THOSE ARE COVERED UNDER.

AND IF I COULD ADMIT THAT EXHIBIT NOW, IF IT, IF IT IS OF GENERAL APPLICABILITY, I DON'T THINK THEY'RE IN AN EXHIBIT.

OH, OKAY.

UM, WHEN THAT CASE, IF, IF IT IS GENERAL IN NATURE, DOES THAT SEEM LIKE IT WOULD NOT NECESSARILY DIVERT TOO FAR AWAY FROM THE PRESENT CASE? I, I THINK IF IT'S A OF A GENERAL NATURE, AND IT'S NOT NECESSARILY CASE SPECIFIC, I, I THINK THAT MIGHT BE APPROPRIATE AND, AND I THINK IT COULD WORK.

IN THAT CASE, I THINK, I THINK YOU MAY PROCEED.

THERE OURSELVES, THE CODE ENFORCEMENT PEOPLE.

, SORRY TO CAUSE ALL THE CONFUSION.

IF, IF WE, IT'S UNDERSTANDABLE , IF WE COME BACK NEXT TIME, WE WILL BE SURE TO SEPARATE EVERYTHING OUT SO THAT THERE'S NO CONFUSION.

UM, UH, BUT BASICALLY IN GENERAL, FOR ALL THESE PROPERTIES, UH, LIKE, LIKE I SAID, IN THESE THREE, WITHIN THE LAST YEAR, WE'VE HAD OVER A HUNDRED CALLS THERE TO THESE PROPERTIES.

AND, UM, WE'VE HAD ONE DECEASED PERSON AT THIS PARTICULAR PROPERTY, AND WE'VE HAD A FEW AGGRAVATED ASSAULTS WITH WHICH FOR THOSE THAT DON'T KNOW, AN AGGRAVATED ASSAULT IS A, IS AN ASSAULT WITH A SERIOUS BODILY INJURY OR WITH SOME TYPE OF DEADLY WEAPON.

SO, UH, WE'VE HAD SEVERAL OF THOSE.

WE'VE GOT A LOT OF CRIMINAL, MOST OF THE MAJORITY OF THE CALLS ARE CRIMINAL TRESPASS IN NATURE.

AND, BUT THE PROBLEM COMES IN WHEN OUR OFFICERS HAVE TO GO OVER THERE AND CLEAR THESE BUILDINGS THAT YOU JUST SAW PICTURES OF, AND ALMOST ALL THEM, THERE'S NO ELECTRICITY.

SO AS YOU CAN IMAGINE, WE'RE GOING INTO A DARK BUILDING WITH PEOPLE COMING OUT OF ROOMS ON BOTH SIDES, SOME OF THEM CARRYING MACHETES WEAPONS AND SOME PROPERTIES ARE WORSE THAN OTHERS, BUT NORMALLY THERE'S SIGNIFICANT AMOUNTS OF TRASH.

SOMETIMES THE DOORS ARE BARRICADED AND HAVE TO BE FORCED OPEN.

YOU'RE WALKING OVER NEEDLES, FECES, IT, IT, IT'S JUST, I, IF YOU HAVEN'T SEEN IT, IT IT'S BAD.

AND SO THIS ISN'T JUST A ONE TIME THING BECAUSE THE BOARDING SERVICES DON'T, DON'T WORK.

THAT'LL LAST FOR MAYBE TWO DAYS AND THEN THE BOARDS ARE REMOVED AND THEY'RE BACK IN THERE.

SO THE PROBLEM THAT WE RUN INTO IS WE'RE HAVING TO CONTINUOUSLY GO OUT THERE AND DO THIS, AND EVERY TIME WE DO, IT'S A RISK TO THE OFFICERS AS WELL AS EVERYONE ELSE IN THERE TO GO IN THERE AND CLEAR THEM OUT.

AND MANY OF THESE BUILDINGS HAVE MOLD, ASBESTOS.

WE'RE HAVING TO FORCE DOORS OPEN, STIR STUFF UP, BREATHE IT.

IT'S JUST UNSAFE IN GENERAL.

AND TO HAVE TO DO IT OVER AND OVER AND OVER WITH NO REAL ENDED SIGHT JUST GETS FRUSTRATING FOR US, UH, FROM THE, FROM THE LAW ENFORCEMENT SIDE SIDE OF IT, BECAUSE IT JUST SEEMS LIKE THERE'S NO END IN SIGHT UNTIL THEY'RE FINALLY DEMOED.

AND THEN WE'RE, IT'S A LOT EASIER TO DEAL WITH PEOPLE TRESPASSING ON A VACANT LOT.

WE CAN SEE THEM AND DEAL WITH THEM.

BUT, UM, OTHER THAN THAT, THE, THE NEGATIVE EFFECTS TO THE SURROUNDING NEIGHBORHOODS, YOU GET A LOT OF DEATHS.

UH, WE'VE HAD INSTANCES OF UTILITIES BEING STOLEN VIA EXTENSION CORDS, HOSES, WHATNOT.

UM, IT'S REALLY JUST, UH, AN OVERALL NUISANCE TO EVERYBODY INVOLVED.

THE NEIGHBORHOOD, THE PEOPLE STAYING

[00:50:01]

AND SO MY ASK IS ANY IN, IF ANY WAY POSSIBLE, THE QUICKER THAT THESE CAN BE REMOVED, THE BETTER IT IS FOR US BECAUSE AS LONG AS THEY'RE STANDING, THEY'RE A PROBLEM FOR US AND A DRAW ON OUR RESOURCES.

THANK YOU FOR THAT TESTIMONY.

UM, AT THIS TIME I BELIEVE I WILL PASS IT TO, UM, OUR OTHER WITNESS ON THIS ITEM, UM, A CARLY MELANSON WHO I BELIEVE, UM, ARE THEY IN PERSON? YES.

IN THAT CASE, YOU MAY, UH, PROCEED UP TO THE CHAIR AND, UH, INTRODUCE YOURSELF AND JUST BEGIN YOUR TESTIMONY.

HI.

HI, I'M CARLY.

I'M A NEIGHBOR.

UM, I LIVE CLOSER TO PATTON, BUT UM, STILL THESE PROPERTIES ARE WITHIN A MILE OF EACH OTHER.

UM, AND SO I DON'T KNOW IF I SHOULD SPEAK GENERALLY ABOUT ALL OF IT OR JUST WAIT TILL PATTON COMES UP TO SPEAK ABOUT PATTON.

I, I, I THINK JUST IN LIGHT OF, UM, WHAT OUR CITY ATTORNEY HAS SAID, UM, JUST WE RESTRAIN YOUR TESTIMONY TO THIS PARTICULAR PROPERTY IF YOU CAN.

YEP.

PERFECT.

YEAH, I THINK, UM, THE FIRE, I DIDN'T SEE ANY PICTURES OF THE BURNT BUILDING IN THE, BUT I MIGHT HAVE MISSED IT ANYWAY, THAT HAPPENED IN FEBRUARY, BUT THERE ARE CODE VIOLATION COMPLAINTS BACK EIGHT MONTHS PRIOR .

SO I JUST WONDER WHY ARE WE WAITING SO LONG FOR SOMETHING SO POSSIBLY TRAGIC TO HAPPEN? UM, IF THAT BUILDING HAD EXPLODED.

THERE ARE VERY CLOSE QUARTERS OF OTHER BUILDINGS.

IT COULD HAVE BEEN VERY, VERY TRAGIC.

UM, I DON'T KNOW WHAT WAS THE CAUSE OF THE FIRE? UM, THAT WOULD BE NICE FOR PUBLIC INFORMATION, YOU KNOW, FOR NEIGHBORS TO HAVE.

UM, SO, AND IT'S STILL, IT'S FIVE MONTHS AFTER THE FIRE AND WE STILL HAVE THE EXACT SAME SITUATION OVER THERE.

UM, AND THESE ARE ALL OWNED BY THE SAME PERSON, BY THE WAY, PATTON AND WHEELIS AND, UH, ARIA RASTAGAR.

YOU CAN GO TO HIS INSTAGRAM AND SEE HOW WELL HE'S DOING AS A REAL ESTATE AGENT AND UM, CAPITAL FUND MANAGER, WHATEVER THE HECK.

UM, SO I JUST THINK THAT'S A VERY IMPORTANT THING TO NOTE THAT, UM, HE'S DOING JUST FINE WHERE EVERYONE HERE IS SUFFERING.

SO THAT'S ALL I HAVE TO SAY ABOUT WHEELIS.

I'LL BE BACK FOR A PATENT.

THANK YOU FOR YOUR TESTIMONY.

COMMISSIONERS.

I COULD SPEAK ABOUT, UM, BUILDING TWO.

WE'LL BE BANK, BRINGING IT BACK IN SEPTEMBER.

UH, THERE WERE SOME, UM, MODIFICATIONS WE HAD TO DO FOR THE NOTICE.

UH, IT'S A PROCESS AS Y'ALL KNOW.

UH, BUT WE, WE, AS SOON AS WE GOT FOOT ON THE GROUND AND WE DID ALL THE VIOLATIONS, WE CITED THEM.

AND THERE'S ALWAYS LITTLE THINGS THAT HAVE TO HAPPEN, UH, FOR THE PROCESS.

UH, AS, AS THE, AS SONYA MENTIONED, AS THE LAWYER, ANYTHING CAN HAPPEN AS AN APPEAL.

SO WE HAVE TO FOLLOW DUE PROCESS.

UH, BUT WE'LL BE BACK IN SEPTEMBER JUST FOR BUILDING TWO.

WE'RE GLAD TO HAVE THE OFFICE AND ALL, ALL THE BUILDINGS HERE TODAY AND GETTING THIS ORDER.

IN FACT.

THANK YOU FOR THAT TESTIMONY AND THAT CLARIFICATION CHAIR, I THINK I, I SAID THAT THERE WAS A, UH, FIRE INCIDENT REPORT IN THE EXHIBITS, BUT I DON'T THINK THERE IS IN THESE EXHIBITS.

COMMISSIONER, UH, COMMISSIONER FRANCIS.

SO THAT PORTION IS MISSING FROM OUR EXHIBITS.

UM, WOULD, WOULD WE WANT TO GET THOSE ADDED IN OR NO, BECAUSE IT'S RELATED TO THAT CASE THAT HE WAS, UH, JUST TALKING ABOUT.

RIGHT.

SO IT WOULDN'T, IT WOULDN'T BELONG IN THIS EXHIBIT.

OH, OKAY.

SORRY.

SO THAT'S FOR, UH, UH, BUILDING TWO SPECIFICALLY.

OH, OKAY.

MY, MY THANK YOU FOR THAT.

UH, CLARIFICATION.

UM, WELL IN THAT CASE, AT THIS TIME, I THINK WE CAN PASS IT OVER TO MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS THEY HAVE AT THIS TIME.

UH, I WANNA THANK THE OFFICERS.

IT'S EASY FOR US TO PROCESS THESE CASES ALL THE TIME AND NOT EVER HAVE THAT GLIMPSE.

AND FOR ME IT WAS VERY, UH, EDUCATIONAL TO TAKE THAT INTO CONSIDERATION WHEN WE'RE LOOKING AT THESE KIND OF STRUCTURES THAT COME ACROSS OUR DESK FROM TIME TO TIME.

BUT WE DON'T PROCESS THAT.

SO I FELT THAT INFORMATION WAS VERY EDUCATIONAL AND VERY, VERY HELPFUL TO UNDERSTAND THE URGENCY.

I GUESS MY QUESTION THEN IS FOR STAFF, GIVEN THOSE SITUATIONS, WHY WE'RE JUST DOING A REPAIR INSTEAD OF A DEMO DOESN'T LOOK REPAIRABLE, BUT I GUESS MAYBE THERE'S A PROTOCOL.

I DON'T, I'M NOT SURE THERE'S A SITE PLAN RIGHT NOW.

APPROVAL, UH, GOING THROUGH THE PROCESS FOR DEMOLITION, UH, WE WENT WITH THE REPAIR

[00:55:01]

OF, UH, 45 DAYS, A THOUSAND PER BUILDING.

UM, BUT IT IS STILL IN YOUR HANDS.

UH, YOU CAN'T GO FOR THE 45, UH, DEMO, BUT THAT'S WHAT WE WANTED.

WE WANTED TO PENALIZE THEM TO MAKE SURE THAT THEY KNOW THAT THEY, THEY NEED TO DO SOMETHING REAL FAST.

THEY'VE BEEN PROMINENT IN US, THEY'RE GONNA GET THIS, THIS DEMO PERMIT ACTIVE SIX MONTHS AGO, SEVEN MONTHS AGO.

AND IT JUST STARTED LIKE, I THINK THREE WEEKS AGO.

SO IT STILL HASN'T BEEN FULLY APPROVED.

IT'S STILL GOING THROUGH THE PROCESS.

THEY'RE GONNA DEMOLISH AND BUILD NEW TOWN HOMES OR SOMETHING, BUT WE, WE ARE NOT WAITING.

WE, WE WANTED, WE WE'RE HERE TO, TO BRING ACTION TO THIS PROPERTY OWNER.

AND AS YOU KNOW, WE'RE GONNA BRING THE OTHER TWO PROPERTIES.

UH, ALSO TRYING TO GET 'EM IN COMPLIANCE.

SO, SO THEY HAVE A DEMO PERMIT THAT'S WORKING THROUGH THE SYSTEM? YES.

IN THE PROCESS.

IF I CAN FOLLOW UP ON THAT, HOW MUCH CONTACT HAVE WE ACTUALLY HAD WITH THE PROPERTY OWNER AT THIS POINT? HE'S NEVER APPROACHED US.

UH, IT'S ALWAYS BEEN THEIR, UH, AGENT, UH, THAT HAS ALWAYS HAD COMMUNICATION, BUT IT'S KIND OF LIKE WHAT SHE SAID, IT'S BEEN KIND OF PROMISES.

UH, HE'S NOT BOARDED UP HIMSELF.

WE'VE HAD TO BOARD IT UP.

WE'VE HAD TO USE A PD TO ESCORT US TO ASSIST US IN REMOVING THESE PEOPLE.

'CAUSE THESE LIENS HAVE BEEN LIKE, ONE DAY WE BOARDED UP 6,000, ANOTHER TIME 4,000.

IT'S, IT'S ADDED UP TO 11,000 AND IT'S JUST, IT JUST DOESN'T STOP.

BUT, UM, HE'S HAD COMMUNICATION BUT NEVER, THE OWNER HAS NEVER COME FRONT AND SAID, I WANNA MEET WITH Y'ALL.

I'M GONNA KEEP UP WITH IT.

HE HASN'T SAID ANYTHING.

SO NEVER ANYTHING DIRECT JUST TO HIS AGENT.

ANOTHER QUICK QUESTION, JUST SO I HAVE CLARITY.

SO THE, THE, THE BOARDING COSTS WERE 11 AND SOME CHANGE, THOSE ARE LIENS THAT ARE ON THE PROPERTY NOW.

SO THE CITY'S GONNA RECOUP THOSE AND WE DON'T HAVE TO GO DOWN THE PENALTY PHASE TO TRY AND OKAY.

THAT, THAT WAS VERY HELPFUL.

UM, UH, COMMISSIONER YBARRA, THANK YOU.

I ALSO HAVE JUST A CLARIFYING QUESTION.

UM, IF THAT DEMOLITION PERMIT GOES THROUGH AND THEY TAKE ACTION ON THAT WITHOUT THE NEXT, WITHIN THE NEXT 45 DAYS, THAT WOULD ALSO SATISFY THE ORDER, CORRECT? UH, I BELIEVE SO.

IF, UM, ONE OF THE CITY STAFF OR, UM, MAYBE MS. HERRERA COULD SPEAK TO THAT, UM, I BELIEVE THAT'S MY UNDERSTANDING OF OUR REPAIR ORDERS.

YES, COMMISSIONER? THAT IS CORRECT.

SO THAT SOLUTION WOULD STILL BE IN PLAY, IT'S JUST THE REPAIR ORDER ALLOWS US TO ALSO IMPOSE FINES.

THAT'S CORRECT.

AND I BELIEVE WE DISCUSSED THIS LAST TIME, MY RECOLLECTION FROM OUR EE EXTENSIVE DISCUSSION ABOUT A, A DIFFERENCE BETWEEN REPAIR ORDERS AND, UH, DEMOLITION ORDERS WAS THAT A REPAIR ORDER CAN BE SATISFIED BY A DEMOLITION, BUT A DEMOLITION ORDER COULD NOT BE SATISFIED BY A REPAIR ORDER, BY A REPAIR.

IS THAT CORRECT? UH, YES.

CHAIR AND I, AND I WOULD LIKE TO CLARIFY, I THINK, UH, AFTER SOME FURTHER INTERNAL DISCUSSION, UM, THAT I TOOK BACK, IT DOES APPEAR THAT WE HAVE IN THE PAST PREVIOUSLY SATISFIED A DEMOLITION ORDER THROUGH A REPAIR.

AND SO I WAS, I WAS MISTAKEN AT THE TIME AND, AND I DO APOLOGIZE, BUT JUST TO CLARIFY, IT DOES APPEAR THAT WE HAVE, UM, IN THE PAST OTHER COMMISSIONS HAVE IN FACT BEEN ABLE TO ASSESS THE DEMOLITION ORDER AND WHEN THE, UH, I GUESS THE PROPERTY OWNER CHOSE A DIFFERENT OPTION OR CHOSE A DIFFERENT ROUTE, UM, AND THAT REPAIR ULTIMATELY SATIS OR CURED THE VIOLATIONS.

SO IN EFFECT, EVEN THOUGH IT WASN'T THE DEMOLITION, I THINK THE UNDERLYING CRUX IS WE WANT SOME TYPE OF ACTION TO HAPPEN AT THE PROPERTY AND WE WANT THE, THE PROPERTY TO BE FIXED IN SOME WAY.

UM, AND SO IN ESSENCE, IT STILL ENDED UP SATISFYING THE DEMOLITION ORDER EVEN THOUGH IT WASN'T AN ACTUAL DEMOLITION.

SO IT COULD BE $9,000 A DAY.

THANK YOU FOR THAT CLARIFICATION, BECAUSE THAT IS VERY HELPFUL.

UM, WOULD ANY OF THE COMMISSIONERS, UH, COMMISSIONER MU LOVE, SORRY, I HAVE ONE MORE QUESTION.

WE TALKED ABOUT THIS ON RESIDENTIAL PROPERTIES LAST TIME.

UM, IS THIS, THE MOST WE CAN FIND IS A THOUSAND DOLLARS PER WEEK PER PROPERTY.

SO UNDER THE LOCAL GOVERNMENT CODE, THE MAXIMUM IS ACTUALLY A THOUSAND DOLLARS PER DAY PER VIOLATION, AS LONG AS IT'S NOT A HOMESTEADED PROPERTY.

UM, THIS IS COMMERCIAL, SO I, I DON'T BELIEVE THAT'S AN ISSUE, UM, IN THIS PRESENT CASE.

SO REALLY THE A THOUSAND DOLLARS MAXIMUM GOES TO, YOU KNOW, WHATEVER PER VIOLATION PER DAY.

UM, RIGHT NOW IT'S BEING ASSESSED AT A THOUSAND DOLLARS PER WEEK UNDER THE RECOMMENDED ORDER, WHICH WOULD BE $9,000 A WEEK.

THAT'S WHY I WENT THIS ROUTE TO TRY TO GET HIM TO, TO COME INTO COMPLIANCE SOONER.

I UNDERSTAND.

AND THERE ARE, THERE ARE NINE ORDERS, BUT WE COULD, WE COULD ASSESS A THOUSAND DOLLARS PER DAY PER BUILDING,

[01:00:01]

YES, SIR.

UH, IF I CAN JUST ASK, UM, UH, ANYONE FROM CITY STAFF, UH, E EITHER OF, UH, OR GOOD FRIEND JAMES IS, UM, OR MELANIE, THAT, UM, I KNOW I ASKED THIS FOR THIS, SOMETIMES IN CASES WHERE WE SOMETIMES DISCUSS BETWEEN A DEMOLITION ORDER A, UH, REPAIR ORDER, CAN I GET A COPY OF THE TYPICAL LANGUAGE FOR A DEMOLITION ORDER JUST IN CASE THAT COMES UP IN OUR DISCUSSION LATER? UM, WHILE WE WAIT FOR THAT, WOULD ANY OTHER COMMISSIONERS LIKE TO BE RECOGNIZED ON THIS MATTER? YES.

VICE CHAIR, UH, COMMISSIONER TOM VIC.

UH, QUESTION FOR CITY STAFF.

SO I'M SEEING A NOTE HERE AND I, I'VE, YOU KNOW, I JUST WANTED TO GET A LITTLE BIT MORE DETAIL ON THE KIND OF COMMUNICATION.

I'M SEEING A NOTE HERE FROM MARCH 10TH, UM, THAT, YOU KNOW, I GUESS THIS MIGHT'VE BEEN JUST LIKE A DELAY TACTIC, BUT THEY'RE LOOKING AT LAND USE AND ENGINEERING STUFF TO MAXIMIZE THE PROPERTY, THE LAND.

DO YOU KNOW ANYTHING MORE ABOUT WHAT THEY MEANT BY THAT? HAVE THEY COMMUNICATED LIKE WHO THEY'RE WORKING WITH OR WHAT THAT PROCESS LOOKS LIKE? I, I BELIEVE THAT WAS THE TIME I DID HAVE A COMMUNICATION WITH THE ENGINEERS.

AND THERE IS A PROCESS THAT THEY CANNOT START A, A BUILDING PERMIT.

I WISH, UH, ALAN WAS HERE TO, FROM THE CITY SIDE ON, ON THE DSD CAN EXPLAIN MORE ON THAT, BUT THEY, THEY CANNOT START A, A PROCESS FOR DEMO UNTIL THEY SUBMIT NEW PLANS OF WHAT THEY'RE GONNA CONSTRUCT AND THEY'RE TRYING TO MAXIMIZE IT.

BUT AGAIN, I, I HAD TO COME THIS ROUTE BECAUSE WE WERE DEALING WITH THREE PROPERTIES AND THE SAME OWNER, SAME TACTIC.

HE'S SAYING HE'S GONNA REPAIR IT.

HE HAD ALREADY HAD FORECLOSED ON IT.

UM, NEVER SAW ANY PAPERS, NEVER SAW THE BANK STATEMENTS, UM, THAT IT WAS TAKEN BY NEW BANKS OR, OR THE NEW OWNERS COMING ABOUT.

WE JUST, ALL, THIS WAS JUST SOMETHING WE HEARSAY.

SO WE, WE WENT THIS ROUTE TO, TO PURSUE IT.

BUT I DID HAVE THAT CONVERSATION WITH THOSE ENGINEERS AND NOW THEY DO HAVE THAT SIDE PLAN, BUT IT'S STILL IN THE PROCESS.

IT COULD, IT, I'VE SEEN A SIDE PLAN GO ALMOST SIX MONTHS TO A YEAR BEFORE IT GETS APPROVED.

SO IT, IT CAN, IT CAN GO THAT LONG.

IS THAT GONNA, WILL THAT DELAY THE DEMO AT ALL? IF WE, IF WE ORDER REPAIR AND, AND LET THEM KNOW THE BEST WAY TO DEAL WITH IT IS DEMO.

THEY CAN ALWAYS COME FOR A DEMO LIKE TOMORROW.

SO THE FACT THAT THEY WANTED SOMEHOW, I MEAN ALL THE COPPER'S GONE FROM INSIDE THE BUILDING, RIGHT? LIKE WHAT'S LEFT REALLY? UH, I GUESS, OKAY.

SO THEN, UH, IS ANY REP, DO WE KNOW, MAYBE THEY'RE JUST NOT ON THIS PARTICULAR CASE NUMBER.

ARE ANY REPRESENTATIVES HERE TONIGHT FROM THE, THE OWNER OR FOR ANY OF THE PROPERTY? SO I GUESS NOT.

ALRIGHT.

THANK YOU CHAIR.

QUICK QUESTION FOR STAFF.

UH, UH, YES.

DO YOU HAVE FAR YOUR DEMOS ARE RUNNING? WE SOMETIMES WE GET PRETTY LONG IN THE TOOTH ON THOSE.

YEAH, I DON'T THINK, UH, ROBERT MOORE DIVISION MANAGER, I DON'T THINK IT WOULD BE A HOW FAR THEY'RE RUNNING.

I THINK IT'S MORE OF A FINANCIAL BUDGET TYPE ISSUE FOR ME.

UH, YOU KNOW, I ONLY HAVE A BUDGET OF 175,000 A YEAR, WHICH IS NOT A WHOLE LOT.

AND WE'VE ALREADY REACHED THAT.

NOW IT DOES RESET IN OCTOBER, UH, WITH THE NEW FISCAL YEAR NOW I HAVE NO CLUE HOW MUCH THAT ONE'S GONNA COST.

THAT LOOKS EXPENSIVE.

THERE'S A LOT OF BUILDINGS.

SO THAT WOULD BE OVER MY HEAD.

IT WOULD BE A GO TO THE DIRECTOR AND TRY TO GET SPECIAL FUNDING FOR, UH, 'CAUSE IT'S GONNA EXCEED MY BUDGET FOR SURE.

UH, SO THAT WOULD BE KIND OF THE HANGUP WITH THE DEMO TYPE DEAL.

I DON'T THINK IT WOULD BE A HOW LONG IS IT GONNA TAKE THING, IF THAT MAKES SENSE.

WOULD ANY OTHER COMMISSIONERS LIKE TO ASK ANY QUESTIONS AT THIS TIME? I SEEING NONE.

I WOULD WELCOME A MOTION TO CLOSE THE PUBLIC PORTION OF THIS HEARING.

SECOND.

A MOTION BY TOM LOVICH AND SECONDED BY COMMISSIONER MUSGROVE.

1 7 0 7 1 7 2 4 0 7 1 7 2 9 0 1 0 7 1 7 5 5 0 7 1 8 0 3.

HEARING SEVEN, ALL THOSE OPPOSED SAY NAY.

HEARING SEVEN AYES AND NO NAYS, THE MOTION IS PASSED.

THE PUBLIC PORTION OF THIS HEARING IS NOW CLOSED.

IF EVERYONE DOESN'T MIND JUST, UH, STAYING UP.

SO WE CAN ASK ANY QUESTIONS IF WE DO HAVE ANY WHILE WE DISCUSS THIS.

UM, BUT I WOULD WELCOME A MOTION FROM COMMISSIONERS.

UH, YES.

UM, MS. HERRERA, THANK YOU CHAIR.

AND IF I MAY JUST BRIEFLY COMMENT TO OUR, OUR COMMISSION, UM, PLEASE KEEP IN MIND WHEN YOU'RE MAKING YOUR MOTION THAT WE DO HAVE NINE INDIVIDUAL BUILDINGS, NINE INDIVIDUAL CASES.

AND SO I JUST WANT TO MAKE SURE THAT IF FOR WHATEVER REASON YOU ALL IN YOUR DISCRETION FEEL THAT THERE NEEDS TO BE A DIFFERENT ORDER FOR A DIFFERENT BUILDING, WE JUST WANNA MAKE SURE WE'RE BEING CLEAR THAT THE ORDER IS EITHER APPLYING TO ALL OF THE BUILDINGS OR IT'S ONLY APPLYING TO ONE OR TWO.

UM, SO PLEASE JUST KEEP THAT

[01:05:01]

IN MIND.

THANK YOU VERY MUCH FOR THAT CLARIFICATION.

UM, AT THIS TIME, I WOULD WELCOME A MOTION FROM ANY COMMISSIONERS.

UH, I'LL MOVE TO ADOPT THE CITY OF, UH, CITY STAFF'S FINDINGS AND CON UH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TO ADOPT THEIR RECOMMENDED ORDER.

UH, BUT I WOULD PRO I'M GONNA OFFER AN AMENDMENT TO THAT.

UH, I THINK YOU SHOULD, YOU CAN CHANGE THE LANGUAGE OF THE ORDER, IF YOU WOULD LIKE TO MAKE THE MOTION AS CHANGED OR WE COULD DISCUSS A AMENDMENT AFTER YOU'VE MADE THE MOTION.

IT'S BEEN SECONDED AND WE'RE IN DISCUSSION FOR IT.

LET'S, LET'S DO IT THE SECOND WAY AND I'LL SAY, WHEN I REFER TO THE ORDER, I AM REFERRING TO CASE NUMBER CL 20 25 0 7 1 6 6 9 20 25 0 7 1 6 21 20 25 0 7 1 6 6 0 7 1 6 3 5 0 7 1 7 1 2 20, UH, 2025.

KEEPING IT GOING.

UH, JUST SO THAT WE CAN CALL THAT THE ORDER, UH, UNTIL I HEAR DIFFERENTLY, I, I DON'T THINK I'M INTERESTED IN OFFERING ANY DIFFERENCES BETWEEN THE CASES.

UM, SO I'LL JUST REFER TO THAT WHEN I, WHEN I SAY THE ORDER, I REFER TO ALL NINE OF THESE CASES ASSOCIATED WITH THE 26 0 6 WHEELIS LANE PROPERTY.

MR. RA DOES THAT, DOES THAT COVER MAKE IT A LITTLE BIT EASIER FOR US TO TALK ABOUT THIS? PERFECT.

FANTASTIC.

SO TO BE CLEAR, YOUR MOTION IS FOR THE RECOMMENDED ORDER IN ITS ENTIRETY WITH RESPECT TO ALL NINE PROPERTIES.

IS THAT CORRECT? THAT'S CORRECT.

I ALL NINE, UH, BUILDINGS.

THAT'S CORRECT.

UM, IS THERE A SECOND? I'LL SECOND.

THAT IS A SECOND FROM COMMISSIONER FRANCIS.

UM, THANK YOU.

IN THAT CASE, WE CAN MOVE INTO DISCUSSION.

UM, I BELIEVE COMMISSIONER TOM LOVICH HAD SOMETHING TO SAY POTENTIALLY AN AMENDMENT.

I, I WOULD LOVE TO INVITE A FRIENDLY AMENDMENT.

I THINK, UM, WHEN YOU HAVE A, A PROPERTY OWNER WHO IS COMPLETELY RECALCITRANT, I THINK IT'S WORTH IT TO, UH, USE THE MAXIMUM ALLOWED THAT WE ARE.

SO I ENCOURAGE ANYONE THAT WANTS TO TAKE IT UP TO A THOUSAND DOLLARS PER DAY PER BUILDING.

AND I'D ALSO SUGGEST IF WE'RE ALLOWED TO MOVE THE DATE TO 30 DAYS, I DON'T SEE ANY REASON WHY WE WOULDN'T.

UM, AND SO I THINK I WOULD ACCEPT A FRIENDLY AMENDMENT ALONG THOSE GROUNDS.

UM, I DO BELIEVE WE ALREADY DISCUSSED, UM, WITH MS. HERRERA THE, UH, MAXIMUM ALLOWABLE FINE.

I BELIEVE ALSO THAT A 30 DAY IS KIND OF ON MINIMUM WITH WHICH WE WOULD NOT HAVE TO HAVE EXCEPTIONAL CIRCUMSTANCES, UH, TO JUSTIFY GOING LOWER.

IS THAT CORRECT? AM I, AM I UNDERSTANDING THAT RIGHT? UM, 30 DAYS IS GENERALLY PERCEIVED AS BEING REASONABLE.

UM, AND I WOULD CAUTION IF WE WENT BELOW THE 30 DAYS, UM, THERE WOULD NEED TO DEFINITELY BE SOME DISCUSSION TO JUSTIFY THAT.

UM, WELL IN THAT CASE, UH, IF ANYONE HAS ANY AMENDMENTS THEY WOULD LIKE TO MAKE TO THE MOTION, THEY'RE MORE THAN WELCOME TO DO SO.

UH, COMMISSIONER MUCO, I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO REVISE THE PENALTY TO A THOUSAND DOLLARS PER DAY FOR EACH OF THE, EACH OF THE BUILDINGS AND REDUCE THE TIME FROM 46 DAYS TO 30.

UH, IS THERE A SECOND FOR THE AMENDMENT? SECOND? WELL, IS IT A FRIEND? IS THE FRIENDLY AMENDMENT ACCEPTED? YES, IT IS.

THAT IS ACCEPTED.

IS THERE A SECOND FOR THE AMENDMENT? I BELIEVE I HEARD, UH, FROM COMMISSIONER LOCKHART.

UM, IN THAT CASE, WE WILL VOTE FIRST ON THE AMENDMENT, UH, TO, UH, THE MOTION.

AND THAT IS JUST AGAIN, TO CHANGE THE MOTION THAT IS CURRENTLY ON THE TABLE TO THE MOTION AS AMENDED.

UM, CHAIR, CHAIR, JUST FOR CLARITY.

SO YES, COMMISSIONER FRANCIS WE'RE SAYING, UH, FOR ITEM ONE, UH, IT'S GONNA BE INSTEAD OF THE 45 DAYS, IT'S GONNA BE 30 DAYS, AND THEN ITEM TWO WOULD BE THE 31ST DAY.

UH, THAT WAS MY UNDERSTANDING.

IS THAT CORRECT? COMMISSIONER MUSGROVE? YES, THAT'S CORRECT.

COMMISSIONER LOCKARD AYE.

UM, IN THAT CASE, AGAIN, WE WILL MOVE INTO A ROLL CALL VOTE ON THIS AMENDMENT.

AGAIN, THIS IS WHETHER TO ADD THE AMENDMENT TO THE MOTION.

UM, COMMISSIONER IBARRA AYE.

COMMISSIONER GILKER.

COMMISSIONER MUSGROVE.

COMMISSIONER

[01:10:01]

FRANCIS AYE.

AYE, THERE BEING SEVEN AYES AND NO NAYS.

THE MOTION IS AMENDED.

UM, SO AGAIN, THAT IS THE RECOMMENDED ORDER, AMENDED TO BE A THOUSAND DOLLARS PER DAY AND INSTEAD OF 45 DAYS AND 46TH DAY, IT IS NOW 30 DAYS AND 31ST DAY.

UM, IF I CAN OFFER MY 2 CENTS HERE AT THIS POINT, I THINK THAT THE QUESTION HERE, UM, THAT WE'VE KIND OF BEEN HINTING AT IS JUST WHETHER IT'S, UM, MOST, UH, EXPEDITIOUS, MOST USEFUL OF OUR TIME TO, UM, MAKE THIS A REPAIR ORDER VERSUS A DEMOLITION ORDER.

WE'VE ALREADY TALKED ABOUT THE FACT THAT, UM, EITHER COULD BE SATISFIED BY EITHER A REPAIR OR A DEMOLITION.

UM, BUT TO BE CLEAR, THE KIND OF COMPARATIVE ADVANTAGES OF BOTH ARE THAT THE REPAIR ORDER HAS SUBSTANTIAL FINES, WHICH IS A PRETTY SUBSTANTIAL FINANCIAL, YOU KNOW, INCENTIVE TO ACTUALLY DO A DEMOLITION OR REPAIR.

WHEREAS THE DEMOLITION ORDER HAS THE ADDITIONAL ELEMENT THAT IF THEY DON'T DEMOLISH THE PROPERTY, THE CITY CAN COME IN.

THAT'S A PROVISION OF OUR TYPICAL DEMOLITION ORDERS.

UM, I DO JUST WANT TO ASK, UM, MAYBE DIVISION MANAGER MORE, UM, OR, OR, OR EVEN, UH, SONYA HERRERA.

AGAIN, IF, UM, WE WOULD BE ABLE TO HAVE SOME WAY OF MIXING THESE TWO ORDERS POTENTIALLY AND, AND SAY THAT AT A CERTAIN POINT IF WE COULD HAVE THE CITY STEP IN, IF, IF THESE PROPERTIES ARE SEVERELY DELINQUENT AND NOT GETTING REPAIRED AFTER A CERTAIN PERIOD OF TIME THAT THE CITY COULD STEP IN.

I, I'M, I'M JUST WONDERING HOW TO KIND OF BLEND THE BENEFITS OF THESE TWO, IF THAT'S POSSIBLE.

I YOU TAKE IT.

MM-HMM.

UM, I MEAN, WE'LL MONITOR THE PROPERTY, IT GOES TO CRED, GOES TO MY DIVISION AND, YOU KNOW, AF IF THERE'S NO, UM, PROGRESS THEN YEAH, WE CAN BRING IT BACK BEFORE YOU GUYS AND, AND GET A DEMOLITION ORDER AS THE FINES AND, AND HOPEFULLY WE'LL KEEP THE, THE, THE PENALTIES AND THEN GO FOR THE DEMOLITION IS WHAT WE WOULD DO IN THAT CASE.

BUT WE'VE GOTTEN AWAY FROM PUTTING, UH, PENALTIES ON DEMOLITION CASES BECAUSE FOR WHATEVER REASON I, WE MIGHT NOT BE ABLE TO GET TO THE DEMOLITION AND, YOU KNOW, WE DON'T WANT IT TO LOOK LIKE THE CITY'S JUST HOLDING ONTO THIS FOR THE PENALTIES TO RACK UP AND THEN WE COME IN AND DEMOLISH IT AND TRY TO RECOUP PENALTIES AS WELL.

SO, UH, THAT'S JUST KIND OF WHY WE'VE STEERED AWAY FROM FROM THAT.

OKAY, THAT MAKES SENSE TO ME.

UM, SO IN THAT CASE, I THINK THAT WHAT YOU'RE SAYING IS THE BEST OF BOTH WORLDS IS TO DO THE REPAIR ORDER AND IF IT REALLY COMES TO THAT LATER ON AND UH, AND YOU KNOW, MAYBE THERE IS A POSSIBILITY THAT WE ACTUALLY GET IT DEMOLISHED THROUGH THE CITY BUDGET, THAT, UH, WE CAN BRING THAT BACK AT A LATER TIME.

IT CAN HAPPEN.

I MEAN, IF THERE'S ENOUGH PRESSURE AND WHICH IT SOUNDS LIKE THAT WOULD, YOU KNOW, WITH THEIR SUPPORT AND EVERYBODY ELSE'S, IT, IT CAN DEFINITELY HAPPEN.

WE CAN GET SPECIAL FUNDING FOR THAT.

UM, SO IT'S, IT'S A POSSIBILITY.

UM, IN THAT CASE, IS THERE ANY OF THE DISCUSSION, DISCUSSION ON THE MOTION ON THE TABLE? SEEING NONE, I WILL BRING THIS TO A WAR CALL VOTE.

UH, COMMISSIONER IBARRA AYE.

COMMISSIONER MUW AYE.

PROPERTY NUMBER FOUR NEXT OR AGENDA ITEM NUMBER FOUR.

AND THE VICE CHAIR ALSO VOTES, AYE, THERE BEING SEVEN AYES AND NO NAYS.

UM, THE MOTION AS AMENDED PASSES, SO AGAIN, THAT'S AN ORDER FOR A THOUSAND DOLLARS PER DAY WITH A COMPLIANCE PERIOD OF 30 DAYS WITH PENALTIES TO BE ASSESSED ON THE 31ST DAY.

WITH THAT, I BELIEVE WE CAN MOVE ON TO THE NEXT PROPERTY ON OUR AGENDA, WHICH JUST IN THE INTEREST OF EVERYONE INVOLVED, I'M INCLUDING, UH, SIMILAR WITNESSES THAT WE WILL GO TO

[4. Case Number: CL 2025-958615]

ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER SEAL 2025

[01:15:01]

DASH 9 5 86 15 AND IS REGARDING A PROPERTY LOCATED AT 1 7 1 4 PATENT LANE, ALSO KNOWN AS 1 7 1 2 PATENT LANE.

STAFF EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS IN THE GOOGLE DRIVE HOLDER.

UM, HERE'S SOME FACTS ABOUT THIS CASE.

THIS CASE IS REGARDING AN UNOCCUPIED, FIRE DAMAGED COMMERCIAL MULTIFAMILY STRUCTURE.

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

THERE ARE NO ACTIVE TRADE PERMITS RELATED TO THE SIDED DEFICIENCIES.

UM, COMMERCIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS THAT REQUIRE REPAIR.

IN YOUR READERS OR GOOGLE DRIVE FOLDER, 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, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND FIRE A FIRE REPORT EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M AND THE RECOMMENDED ORDER CODE.

INVESTIGATOR COURTNEY BRITT IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY HAD DEPICTED.

INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.

STACK PIPE AND CUT WATER SUPPLY LINES IN THE COMMUNAL LAUNDRY ROOM, UH, VIOLATION OF GENERAL PLUMBING REQUIREMENTS.

MY NAME IS COURTNEY BRITT AND I'M A CODE INVESTIGATOR FOR DEVELOPMENT SERVICES DEPARTMENT.

CODE COMPLIANCE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A MULTI-FAMILY COMMERCIAL APARTMENT COMPLEX, LOCATED AT 1714 PATTON LANE.

THE OWNERS OF RECORD HAVE BEEN IDENTIFIED AS RPC OAKVIEW TERRACE, LLC PER THE TRAVIS CENTRAL APPRAISAL DISTRICT.

ON JANUARY 31ST, 2025, WE RECEIVED A COMPLAINT FOR THIS PROPERTY VIA 3 1 1 FOR A DANGEROUS UNSANITARY STRUCTURE OCCUPIED BY PERSONS EXPERIENCING HOMELESSNESS THAT DAY.

I ACCOMPANIED INSPECTOR DAVID CRUZ, CONDUCTED AN INITIAL INSPECTION AND DOCUMENTED 23 CODE VIOLATIONS.

INSPECTOR CRUZ MAILED A NOTICE OF VIOLATION TO THE OWNER IDENTIFIED AND THE REGISTERED AGENT IDENTIFIED DETECTIVE SEC SECRETARY OF STATE REGISTRY ON FEBRUARY 5TH, 2025.

ON FEBRUARY 14TH, CODE OF COMPLIANCE CONDUCTED AN EMERGENCY BOARD AND SECURE OF THE VACANT UNITS OF THE PROPERTY TOTALING 28 DOORS, 40 WINDOWS WITH 30 UNAUTHORIZED INDIVIDUALS REMOVED FROM THE PREMISES BY AUSTIN POLICE.

ON FEBRUARY 18TH, INSPECTOR CRUZ CON ISSUED AN ADMINISTRATIVE CITATION FOR UNSANITARY CONDITIONS FOR WHICH THE OWNER WAS SUBSEQUENTLY FOUND LIABLE.

ON MARCH 5TH, I EXECUTED AN ADMINISTRATIVE SEARCH AND SEIZURE ABATEMENT WARRANT WHERE CONTRACTORS REMOVED 120 CUBIC YARDS OF TRASH, DEBRIS AND OTHER UNSANITARY MATERIAL.

AUSTIN POLICE AGAIN REMOVED SEVERAL UNAUTHORIZED PERSONS FROM THE PRE PREMISES.

ON MAY 5TH, WE RECEIVED A REPORT OF A FIRE AT THE COMPLEX FROM AUSTIN.

FIRE INSPECTOR CHARLES EDWARDS CONDUCTED AN INSPECTION AND CONFIRMED FIRE DAMAGE TO TWO UNITS.

INSPECTOR EDWARDS MAILED NOTICES DOCUMENTING THE NEW DAMAGE AND ON MAY 6TH CONDUCTED ANOTHER EMERGENCY BOARD AND SECURE OF THE AFFECTED UNITS ON MAY 19TH, CODE SUPERVISOR MOSES RODRIGUEZ ISSUED A CONSOLIDATED NOTICE OF VIOLATION FOR ALL 25 VALID CODE VIOLATIONS OBSERVED BY INSPECTORS FROM JANUARY, 2025 TO PRESENT CODE COMPLIANCE AND THE OWNER'S AGENT HAVE BEEN IN CONTACT, UH, TO A SPORADIC CONTACT TO ADDRESS ONGOING ISSUES ON THE PROPERTY THE OWNERS HAVE INSTALLED PORTABLE SECURITY SURVEILLANCE TRAILER WITH LIGHTS AND VIDEO MONITORING, WHICH HAS REDUCED HOMELESS ACTIVITY ON THE SITE.

ON JULY 9TH, I CONDUCTED A FOLLOW-UP INSPECTION AND CONFIRMED THAT 18 OF THE VIOLATIONS ON THE PROPERTY REMAINED VALID AND OBSERVABLE.

I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED I PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE STRUCTURES ON THE PREMISES.

THE BUILDING IS TWO STRUCTURES UNDER ONE CONTINUOUS ROOF WITH 30 UNITS.

THIS IS A VIOLATION OF IPMC SECTION 3 0 1 0.3 FOR VACANT STRUCTURES LIGHTING.

NEXT PHOTO TWO B DEPICTS THE OPEN AND ACCESSIBLE DOOR OF A FIRE DAMAGED UNIT AS WELL AS A DAMAGED DOOR FRAME AND LOCK STRIKE PLATE FOR UNSAFE STRUCTURES, WINDOW, SKYLIGHT AND DOOR FRAMES, DOORS FOR EXTERIOR LOCKS AND DOORS FOR MAINTENANCE.

NEXT PHOTO, PHOTO TWO C DEPICTS THE EXTERIOR OF THE FIRE DAMAGED UNIT.

NEXT PHOTO, PHOTO 2D DEPICTS THE INTERIOR OF THE FIRE DAMAGE UNIT.

NOTE THE HOLE IN THE FLOOR UNDER THE WINDOW WITH DAYLIGHT VISIBLE WHERE FIRE DAMAGED STRUCTURAL FRAMING AND CHEATING WAS REMOVED.

THIS IS UNSAFE STRUCTURES AND GENERAL INTERIOR DEFICIENCIES.

NEXT PHOTO PHOTO TWO E IS A PHOTO OF THE REAR OF THE STRUCTURE DEPICTING BOARDING, COVERING A SECTION OF WALL WITH SIDING AND SHEATHING REMOVES BY PERSON SCRAPPING COPPER WIRE AND PLUMBING FROM THE PREMISES.

THIS IS TYPICAL IN MULTIPLE AREAS OF THE PROPERTY.

THIS PHOTO ALSO DEPICTS THE MISS MISSING HVAC EQUIPMENT ON THE VACANT CONCRETE PADS.

THIS IS FOR EXTERIOR WALLS AND MECHANICAL APPLIANCES.

NEXT PHOTO PHOTO TWO F IS A MISSING FIRE EXTINGUISHER AND BROKEN ENCLOSURE.

TYPICAL THROUGHOUT THE PREMISES IS VIOLATION OF GENERAL FIRE PROTECTION REQUIREMENTS.

PHOTO PHOTO TWO G SHOWS THE DAMAGED VENT AND VENT AND

[01:20:01]

NEXT PHOTO TWO H SHOWS THE DAMAGED GAS SUPPLY LINES FOR THE DRYERS IN THE LAUNDRY ROOM, WHICH IS A PLUMBING SYSTEM HAZARD.

NEXT, PHOTO TWO I SHOWS THE DAMAGED ACCESSORY STRUCTURE.

THE SHED ON THE PROPERTY FOR THIS IS A VIOLATION OF ACCESS, MAINTENANCE OF ACCESSORY STRUCTURES.

NEXT PHOTO TWO J SHOWS ACTIVE WASP NESTS, WHICH ARE FOUND THROUGHOUT THE PREMISES, A MULTIPLE OCCUPANCY INFESTATION VIOLATION.

NEXT PHOTO, PHOTO 2K SHOWS DAMAGED LIGHTING IN THE COMMON EXTERIOR HALLWAYS OF, UH, LUMINAIRE MAINTENANCE REQUIREMENT.

NEXT PHOTO TWO L SHOWS THE DAMAGED AND DANGLING GUTTER FROM THE TOP OF ROOF OF THE PREMISES.

THIS IS A VIOLATION FOR ROOFS AND DRAINAGE.

NEXT, PHOTO TWO M SHOWS PILES OF TRASH BAGS TYPICAL THROUGHOUT THE PREMISES, WHICH LACK THE REQUIRED DUMPSTERS.

THIS IS FOR DISPOSAL OF GARBAGE.

UH, AUSTIN.

NOPE, , AUSTIN POLICE SERGEANT, UH, HUSKINS WILL NOW TESTIFY TO AD'S INVOLVEMENT WITH THE PROPERTY.

I NICE SEEING YOU ALL AGAIN, .

UM, JUST IN THE INTEREST OF TIME, BASICALLY EVERYTHING THAT I'VE DISCUSSED, LIKE I SAID, YOU CAN COPY AND PASTE THAT.

UM, I WAS PRESENT FOR ONE OF THE CLEARINGS ON ONE OF THESE PROPERTIES AND I COULD TELL YOU THE ONE KIND OF UNIQUE THING ABOUT THESE PROPERTIES IS SOME OF THE PEOPLE HAD INSTALLED THEIR OWN LOCKS ON THE DOORS.

SO WE HAD TO RETRIEVE A DOOR RAM AND A PRY BAR TO FORCE ENTRY INTO THE UNITS.

AND, UM, THAT I, I'VE BEEN DOING THIS 28 YEARS AND I CAN TELL YOU EVEN TODAY THAT IS AN UNCOMFORTABLE FEELING THE INITIAL ENTRY INTO A RESIDENCE WHERE YOU, YOU'RE NOT SURE WHAT'S ON THE OTHER SIDE OR, OR WHAT'S GONNA HAPPEN.

SO, UM, BUT OTHER THAN THAT, THIS PROPERTY, THE SAME KIND OF PROBLEMS WITH THE TRASH AND OBVIOUSLY THERE'S NO WATER.

I REMEMBER WHEN WE WERE GOING THROUGH THOSE UNITS, THE SMELL, THEY WERE USING FIVE GALLON BUCKETS FILLED WITH FECES AND THEY HAD SPILLED.

AND I HAD A, ONE OF MY OFFICERS AND SPECIFICALLY COULDN'T, COULDN'T, UH, HANDLE THAT.

HE HAD TO COME OUT, UH, WHILE THE REST OF US TOOK CARE OF IT.

BUT, UM, SAME KIND OF, UH, PROBLEMS, THE ASSAULTS.

AND I BELIEVE THIS PROPERTY HAD A DECEASED PERSON HERE TOO, RIGHT? YES.

Y'ALL MAY NOT HAVE BEEN PRESENT EARLIER WHEN I SWORE IN, UM, EVERYONE ELSE.

IN PRESENTING OUR CASE, IT'S EVIDENT WHY WE HAVE ESCALATED THIS CASE TO THE COMMISSION.

OUR CONCERN IS NOT ONLY FOR THE THE STRUCTURAL DEFICIENCIES, BUT ALSO THE SAFETY AND QUALITY OF LIFE OF THE NEIGHBORS.

IN LIGHT OF AD'S TESTIMONY, THE 14 CODE COMPLAINTS ON THIS PROPERTY WITHIN THE LAST YEAR ALONE AND THE $12,355 THE CITY HAS SPENT TO SECURE AND CLEAN THE PROPERTY, WE ASK THE COMMISSION TO ISSUE AN ORDER FOR REPAIR AND ADOPT THE STAFF RECOMMENDATION AND TIMELINE FOR 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 ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.

STAFF ALSO REQUESTED 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 MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.

IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITH THAT, THE CITY CONCLUDES THIS PRESENTATION.

THANK YOU FOR YOUR TESTIMONY, INSPECTOR BRITT.

UM, AT THIS TIME I DO BELIEVE WE HAVE SEVERAL SPEAKERS WHO ARE HERE TO SPEAK ON, UM, THIS PROPERTY AS WELL AS THE NEXT ONE, UM, A JIM PAYBACK AND, UH, KARINA CABILLA.

UM, IF THEY DON'T MIND COMING UP TO, UH, THE SPEAKING CHAIRS.

UM, I DO BELIEVE ALSO THAT

[01:25:01]

SO IF YOU DON'T MIND JUST, UH, STAYING, UH, STANDING REAL QUICK, UM, IF YOU DON'T MIND RAISING YOUR RIGHT HAND AND I WILL SWEAR YOU IN.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.

PARK FROM A STAFFING ISSUE WITH THE POLICE.

UH, YOU MAY BE SEATED.

AND, UM, BEFORE WE HEAR YOU A TESTIMONY, I DO JUST WANT TO QUICKLY ADMIT EXHIBIT ONE AND TWO A THROUGH TWO M AND WITH THAT, UM, I WILL RECOGNIZE OUR SPEAKERS OVER THERE TO, UH, OFFER YOU A TESTIMONY.

ALL RIGHT? SO AS A, AS A TEXAN, UH, CHIVALRY IS NOT DEAD.

SO I OFFERED THE LADY TO GO FIRST.

UH, UH, SO TO THE TESTIMONY, I THINK ONE OF THE THINGS I WANT TO RECOGNIZE, SO MY NAME IS JIM RAY BUCK, I LIVE ON KENNELWORTH, PROBABLY ABOUT A, A BASEBALL'S THROW FROM THE PATENT LANE APARTMENTS.

AND SO WHY CAME TODAY IS THIS IS NOT A, A CODE ISSUE AS MUCH AS IT IS A PUBLIC SAFETY ISSUE.

AND I THINK THAT TO PAINT THE PICTURE FOR EVERYBODY HERE, I THINK THAT THAT IS INCREDIBLY IMPORTANT.

SO, UH, ONE OF THE THINGS I WANNA HIGHLIGHT AS A, AS A MAN WHO'S ABOUT TO BECOME A FATHER, SO WE'RE EXCITED, MY WIFE IS RIGHT THERE, DEA, SHE'LL GIVE YOU A LITTLE WAVE DRAFT FOR THE EXTROVERT AND THE INTROVERT IN THE ROOM.

UH, WHAT I WANNA HIGHLIGHT IS THAT AS WE DAILY, AS WE DRIVE BY THOSE APARTMENTS, IT'S NOT THE FACT THAT THE APARTMENT IS FALLING APART, IT IS THE FACT THAT YOU HAVE HOMELESS PEOPLE WHO ARE ON DRUGS DAILY, STANDING OUTSIDE THAT ARE HOVERING AND NOT JUST THE HOMELESS, BUT THE PEOPLE THAT PREY ON THEM, I THINK IS THE OTHER PART.

SO WHEN WE, WE KNOW THAT THOSE ARE WEAK, THAT SHARE, UH, FOR THOSE OF US THAT HAVE, UH, MY BACKGROUND IS I'M A FORMER MILITARY OFFICER, SPENT THE TIME IN THE ARMY, HAS SPENT TIME DEPLOYED, AND WHEN I GO BY THESE APARTMENTS, I'VE SEEN PLACES IN AFGHANISTAN AND PLACES LIKE KOSOVO AND PLACES LIKE THAT THAT ARE IN BETTER CONDITION THAN OUR NEIGHBORHOOD IN A STATE THAT PASSED, I BELIEVE A $350 BILLION BUDGET, A TWO YEAR BUDGET BY THE STATE.

IT HAS TAKEN OVER A YEAR TO EXECUTE THE ABILITY TO REMOVE THESE PEOPLE FROM THE CITY, NOT NOT THE PEOPLE, BUT REMOVE THE APARTMENT.

AND I THINK THAT THE THING I WANNA HIGHLIGHT AS I, I DON'T KNOW HOW MANY TIMES MAYBE YOUR CAR HAS BEEN BROKEN INTO, BUT I THINK IT'S MAYBE FIVE TIMES IN THE LAST YEAR.

AND WHAT I THINK THAT YOU BEGIN TO REALIZE IS THAT IT'S THE SECONDARY AND TERTIARY EFFECTS THAT OUR SERGEANT BROUGHT UP THAT IS ARISING FROM THIS SITUATION.

AND NOW I KNOW, LIKE I BELIEVE I WAS THERE THE DAY THAT YOU GUYS WERE ABATING THE PROPERTY.

I THINK I CAME BY, I WAS LIKE, OKAY, THIS IS FINALLY HAPPENING.

AND I THINK WHAT YOU BEGIN TO REALIZE IS THAT A, THERE'S, THERE'S ISSUES ON ACCOUNTABILITY WITH THE TIMELINES THAT WE EXECUTE THESE THINGS RIGHT THERE, THERE ARE PEOPLE, I, I THINK THE QUESTION IS WHO IS THE EXECUTIVE AGENT FOR THE CITY THAT IS SUPPOSED TO EXECUTE THIS IN A PROMPT AND TIMELY WAY? AND I KNOW AS, AS SOMEBODY WHO'S BEEN IN LAW ENFORCEMENT, IT IS HARD, IT'S SCARY, IT IS, IS DIFFICULT WHEN YOU'RE WALKING INTO A DOOR AND YOU DON'T KNOW WHAT'S ON THE OTHER SIDE.

AND I PROMISE YOU, I'VE CALLED THE POLICE MULTIPLE TIMES WHERE I HEAR GUNSHOTS FROM THAT EXACT AREA.

AND I THINK THAT IF YOU WERE TO, WHAT WE DIDN'T SEE IS A PICTURE OF THE, THE OVERHEAD VIEW OF THE, THE PARK THAT'S NEXT TO IT OR THE HOUSES THAT ARE NEXT TO IT.

AND THE, I DON'T KNOW HOW MANY TIMES THE, THE POLICE OFFICERS HAVE PROBABLY BEEN CALLED TO THAT AREA, BUT MY GUESS IS ABOUT ONCE A WEEK I CALL THE POLICE.

AND I THINK THAT AS WE START GOING THROUGH AND ASK FOR ACCOUNTABILITY ON THIS, AND IT SOUNDS, I I HEARD THE LIKE, LET'S MAKE IT HAPPEN.

LIKE LET'S DO IT 30 DAYS.

IT'S, IT'S DOABLE.

I THINK IT'S THE, THE QUESTION, THERE'S TWO QUESTIONS AND I THINK THAT WE CAME HERE WITH THE ASK FOR TWO THINGS IS THAT WHO IS THE EXECUTIVE AGENT THAT'S GOING TO MAKE IT HAPPEN INSIDE THE CITY THAT SAYS, I'M GONNA STAND UP, WE'RE GONNA MAKE THIS HAPPEN, WE'RE GONNA MAKE IT HAPPEN FAST.

AND IT SOUNDS LIKE YOU NEED SOME BUDGET.

IT SOUNDS LIKE THERE'S SOME BUDGET OUT THERE TO GO MAKE IT HAPPEN.

AND I AM HAPPY TO GO KNOCK ON DOORS WITH YOU TO SAY, HOW DO WE, HOW DO WE MAKE THIS HAPPEN? I THINK THE SECOND PART OF THIS IS THAT WE KNOW THAT WE GO AND LOOK AT WINDSOR

[01:30:01]

AND THE TRUTH IS, IS THAT I DON'T KNOW HOW MANY TIMES I'VE LOOKED AT MY RING CAMERA AT TWO TO 3:00 AM IN THE MORNING AND WE SEEN THE SAME PEOPLE GOING AND DOOR KNOCK DOOR KNOCKING ON YOUR CARS, BREAKING YOUR WINDOWS OR STEALING YOUR TRUCKS.

AND I THINK THAT WE, WE CALLED OUR NEIGHBORS IN THE NEIGHBORHOOD WITH ALL DIFFERENT VIEWS.

MIND YOU, LIKE WE ALL HAVE DIFFERENT VIEWS, BUT WE HAVE ALL ADAMANTLY AGREE THAT THIS NEEDS TO BE HANDLED AND IT NEEDS TO BE HANDLED FAST BECAUSE I THINK THAT FOR MANY OF US, WE WILL, WE DO NOT WALK DOWN THAT STREET.

IT'S NOT SAFE, IT'S NOT A SAFE NEIGHBORHOOD.

YOU DON'T KNOW WHO'S GONNA PULL A GUN.

WE DON'T GO TO THE GAS STATION THAT'S THERE.

AND WHEN WE START LOOKING AT LIKE THE CODE AND, AND, AND, AND THAT SORT OF, I GOT THE ONE MINUTE.

SO WHEN WE START LOOKING AT IS THIS A CODING ISSUE VERSUS WHAT THIS REALLY IS, THE WHY IS IT IS UNSAFE FOR THE PEOPLE THAT LIVE THERE AND WE HAVE TO FIGURE IT OUT AND WE NEED TO DO IT, NEED TO DO IT QUICKLY.

SO HOW DO WE GET MORE POLICE THERE? AND UNTIL IT GETS DEMOLISHED, I THINK IS ONE QUESTION.

AND THE SECOND IS, WHO'S THE EXECUTIVE AGENT WHO'S GONNA MAKE IT HAPPEN AS FAST AS POSSIBLE? THANK YOU.

THANK YOU, THANK YOU.

UM, YES, IF, UH, MS. MS. CABILLA WOULD ALSO LIKE TO YES, THANK YOU, UH, FOR YOUR TIME.

I REALLY COULDN'T SAY IT MUCH BETTER THAN THE, THE GENTLEMAN.

I WOULD REITERATE ALL OF HIS POINTS AND ADD A COUPLE MORE.

THIS IS ABSOLUTELY A PUBLIC SAFETY ISSUE AND THIS IS HARMING THOSE OF US IN DISTRICT ONE WINDSOR PARK, THE VICINITY OF, UM, PATENT LANE.

UM, ONE OF MY BIGGEST FEARS IS THE FIRE RISK.

WHAT WE SAW RECENTLY ON WHEELIS IS SOMETHING THAT I WOULD POINT OUT IS NOT JUST AN UGLY SMELLY PLUME OF SMOKE, BUT A TOXIC CARCINOGENIC, MASSIVE PLUME OF SMOKE THAT OUR CHILDREN ARE BREATHING IN OUR SENIORS, OUR PEOPLE ARE BREATHING IN, OUR TAXES KEEP GOING UP, BUT YET WE ARE EXPERIENCING THIS BLIGHT THAT THE TOTALLY RECALCITRANT PROPERTY OWNER IS BEING ALLOWED TO PERPETUATE ON THIS COMMUNITY.

AND MY OTHER FEAR, AGAIN TO REITERATE, WE ARE FEARFUL OF GOING DOWN THAT STREET FOR THE ALMOST TWO DECADES I'VE BEEN A HOMEOWNER AND THIS VICINITY, THIS HAS BEEN A DRUG INFESTED COUPLE OF PROPERTIES THAT THERE'S ALWAYS, UH, AND AGAIN TO, UM, TO REPEAT THAT, YES, THESE ARE HOMELESS PEOPLE WHO ARE BEING PREYED ON BY CRIMINALS, BY THE CRIMINAL ELEMENT DRUG DEALERS.

THESE ARE, I'VE SEEN SENIORS, I'VE SEEN YOUNG WOMEN, I'VE SEEN, UH, A LOT OF VICTIMS, UH, OF THESE PEOPLE WHO ARE USING THIS AREA AS A DRUG DEN.

AND THESE COSMETIC REPAIRS THAT ARE BEING REQUIRED SOMETIMES ARE NOTHING MORE THAN THAT.

THESE ARE BEING KEPT AS, AS PROFITABLE, DILAPIDATED PROPERTIES.

AND WE NEED ACTION.

WE NEED REAL ACTION IF WE NEED TO MOBILIZE OR SHINE A MASSIVE SPOTLIGHT ON THIS ISSUE.

SO SOMETHING FINALLY GETS DONE AND FAST, THAT'S WHAT WE'RE GOING TO HAVE TO DO.

THIS IS UNACCEPTABLE.

THE PICTURES I SAW ARE SOMETHING OUT OF A DYSTOPIAN MOVIE.

IT'S UNACCEPTABLE IN THIS STATE, IN THIS COUNTRY, IN THIS STATE, IN THE CITY, IN OUR NEIGHBORHOOD, UH, WE HAVE A DISPROPORTIONATE BURDEN OF LOW-INCOME HOUSING OF, UH, HELPING THE COMMUNITY.

ALL THE MAJORITY OF THESE, UH, LOW INCOME HOUSING ARE IN DISTRICT ONE, BUT YET WE DON'T GET TAX BREAKS.

AS A RESULT, WE GET DISPROPORTIONATE, WE GET DEFACTO SEGREGATION AND DISPROPORTIONATE ECONOMIC IMPACT.

WE WILL NOT ACCEPT, WE CANNOT ACCEPT AS A, AS A COMMUNITY THAT THIS COMMERCIAL LANDOWNER WILL KEEP THESE PROPERTIES AND MANIPULATE THE SYSTEM AS HE'S BEEN DOING.

UM, SO PLEASE, PLEASE HELP.

WE NEED YOUR HELP AND WE NEED IT FAST.

UH, THIS IS NO JOKE, THIS IS NOT JUST BLIGHT AND AN EYESORE.

YES, UH, AGAIN, IF THERE'S ANY QUESTIONS AT THIS TIME.

UH, THANK YOU BOTH VERY MUCH FOR YOUR TESTIMONY.

UM, AT THIS TIME I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS FOR ANY QUESTIONS THEY HAVE.

EITHER OF THE, UH, NEIGHBORS, UM, WHO HAVE, UH, TESTIFIED HERE OR ANY OF THE CITY STAFF CHAIR.

CAN WE ADMIT THE EXHIBITS? UH, I BELIEVE I ALREADY DID, BUT JUST TO BE CLEAR, UM, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO M, UM,

[01:35:01]

YEAH, I HAD A QUESTION FOR CITY STAFF, IT'S JUST, UH, IT'S A LARGER BUILDING AND I KNOW THE PHOTOS COVERED SOME OF THE, UH, UNITS, BUT NOT ALL OF THEM.

WOULD YOU SAY, I MEAN, ARE THE NUMBER OF UNITS THAT ARE TOTALLY DESTROYED, A MAJORITY OF THE UNITS IS, IS, IS DEMOLITION, UH, THE BEST ANSWER HERE, OR DO YOU THINK WITH SUFFICIENT SECURITY AND CONSTANT, YOU KNOW, REPAIR AND THAT KIND OF THINGS, YOU KNOW, IS, IS THAT AN ACTUAL POSSIBLE PATH? I'M JUST KINDA CURIOUS WHAT'S FEASIBLE.

I CAN SAY THAT THE PHOTOS THAT WE DID SEE OF THE INTERIOR FROM EVERY UNIT THAT I'VE LOOKED IN IS VERY TYPICAL OF THE UNITS.

UH, THE OCCUPANTS HAD KICKED HOLES THROUGH THE PARTY WALLS, THROUGH THE FIREWALLS TO PASS FROM UNIT TO UNIT WITHOUT GOING OUTSIDE.

I OBSERVED THAT IN MANY, SO THE PHOTOS ARE ABSOLUTELY TY TYPICAL.

UM, AS FAR AS THE FEASIBILITY FOR REPAIR, NOT BEING AN ENGINEER OR EVEN A CONSTRUCTION CONTRACTOR, I'D BE HESITANT TO OPINE ON THAT.

OKAY, THANK YOU.

ARE THERE ANY OTHER QUESTIONS FROM COMMISSIONERS? I HAVE ONE MORE.

COMMISSIONER, MUSCO, DO YOU HAVE SIMILAR FEEDBACK FROM THIS PROPERTY OWNER THAT HE IS PURSUING SOMETHING ON THIS PROPERTY LIKE A DEMOLITION PERMIT OR A NEW SITE PLAN? WE HAVE.

THERE'S BEEN NO SUBMISSIONS FOR THIS PROPERTY IN PARTICULAR, UM, FOR THIS PROPERTY.

AND THEN THE NEXT ONE WE'RE GONNA HEAR, WE WERE ORIGINALLY TOLD THAT THE BANK WAS FORECLOSING IT, UH, THEN WE WERE TOLD THAT THE BANK STOPPED FORECLOSING IT BECAUSE THEY DIDN'T WANT THE HEADACHE.

UM, WE WERE TOLD BY THE OWNER'S, UH, AGENT THAT THE OWNER HAD BASICALLY RUN OUT OF MONEY AND THE AGENT HIMSELF WASN'T GETTING PAID FOR, FOR THE WORK HE WAS DOING TRYING TO SECURE THE PROPERTY.

UH, THE OWNER'S AGENT TOLD US THAT WE SHOULD GO AHEAD AND BOARD THE PROPERTY AND PUT A LIEN ON IT, UM, BECAUSE THE OWNER WAS NOT GOING TO FUND THE, THE BOARDING FOR THIS PROPERTY.

UM, SO NO, THERE'S BEEN NO CLEAR PLAN COMMUNICATED.

AND THE ONLY PROGRESS THAT HAS HAPPENED ON THE PROPERTY THAT WE'VE OBSERVED IS THE, UM, TOWER WITH THE LIGHTS AND CAMERAS.

UH, I DID HAVE A, A QUESTION FOR CITY STAFF AGAIN.

UM, I THINK, AND I I I COULD HAVE MISHEARD THIS.

UM, I THINK I HEARD TESTIMONY PERHAPS FROM THE NEIGHBOR FROM EARLIER, UM, THAT THE THREE PROPERTIES, UM, THIS ONE THE NEXT, AND UH, THE ONE THAT WE JUST HEARD FROM WHEELIS, UM, I THINK I HAD HEARD THAT THEY WERE ALL ULTIMATELY THE SAME PROPERTY OWNER.

IS THAT CORRECT? THAT, UH, THE OWNER OF THESE TWO LLCS ARE THE SAME PERSON? THAT IS CORRECT.

1,817 14 PATENT ARE BOTH RRP C OAKVIEW, UH, TERRACE, LLC, UM, BUT THE OWNER OF WHEELIS IS THE SAME PARENT COMPANY AS JUST A SEPARATE LLC FOR THE OWNERSHIP OF THAT PARTICULAR PARCEL.

OKAY, THANK YOU FOR THAT CLARIFICATION.

UM, THE NOTICES REGISTERED AGENT, IT'S THE SAME ONE, ALL THREE PROPERTIES.

SO WE DID ALMOST 27 NOTICES PER BUILDING PER PROPERTY.

WE SENT OUT ALL THE NOTICES TO, TO GET ALL THE INTERESTED PARTIES THAT HAVE SOME INTERESTS, EVEN THE BANKS, BUT WE GOT SOME LETTERS FROM THE BANK SAYING THEY WEREN'T PART OF THIS ANYMORE.

ARE THERE ANY OTHER QUESTIONS? UH, COMMISSIONER TOVI, JUST A, A QUICK FOLLOW UP ON THAT.

UH, WE HAD TESTIMONY FROM A WITNESS EARLIER THAT NAMED MR. ARI RASTAGAR.

IS THAT, DO Y'ALL KNOW IF THAT'S THE ULTIMATE OWNER AND UH, YOU KNOW, CONTROLLING INVESTOR HERE? THAT'S MY UNDERSTANDING, YES.

OKAY, THANK YOU.

ANY OTHER QUESTIONS? SEEING NONE, I WOULD WELCOME A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.

THAT'D A MOTION FROM COMMISSIONER MUSK OF ANY SECOND? SECOND.

THAT'S A SECOND FROM COMMISSIONER IBARRA.

UM, WE WILL HAVE A VOTE ON THAT.

HEARING SEVEN AYES AND NO NAYS, THE MOTION PASSES.

THE PUBLIC PORTION OF THIS HEARING IS NOW CLOSED.

UM, Y'ALL CAN STAY UP.

UH, IF YOU'D LIKE, WE PROBABLY WON'T HAVE ANY QUESTIONS FOR YOU, BUT IF YOU WOULD LIKE TO, UM, YES, MS. HERRERA, THANK YOU FOR THE ACKNOWLEDGEMENT CHAIR.

AND IF I MAY, I KNOW YOU HAVE NOT YET MADE A MOTION, BUT JUST AS A REMINDER, AS YOU'RE GOING TO BEGIN YOUR DISCUSSIONS, UM, I KNOW WE'VE HAD A LOT OF TESTIMONY, UM, AND THIS OWNER IS THE OWNER OF MULTIPLE PROPERTIES BEFORE YOU TODAY, BUT I DO JUST WANNA MAKE SURE THAT WHATEVER DECISIONS YOU COME TO, IT'S, IT'S BASED ON TESTIMONY ABOUT THIS SPECIFIC PROPERTY.

SO PLEASE JUST KEEP THAT IN MIND.

ALL RIGHT, IS THERE ANYONE WHO WOULD LIKE TO MAKE A MOTION AT THIS TIME? MR. CHAIR, MAKE A MOTION.

UH, THANK YOU VERY MUCH FOR THAT CLARIFICATION.

THAT IS GOOD TO REMEMBER, ESPECIALLY BECAUSE THERE IS SO MUCH, UM, KIND OF OVERLAPPING TESTIMONY OR TESTIMONY RELATING TO THE NEIGHBORHOOD.

SO DEFINITELY GOOD TO KEEP IN MIND THAT THIS IS SPECIFICALLY WITH REGARDS TO THE PROPERTY AT 1714 PATENT LANE.

[01:40:03]

COMMISSIONER FRANCIS ACCEPT STAFF'S RECOMMENDATION OF ADOPT THE PROPOSED FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER THE OWNER THE FOLLOWING WITH THE CHANGE OF IN SECTION ONE FROM 45 DAYS TO 30 DAYS.

AND IN SECTION TWO FROM 46TH DAY TO 31ST DAY SECOND.

THAT IS A MOTION FROM COMMISSIONER FRANCIS AND A SECOND FROM COMMISSIONER LOCKHART.

UM, WE CAN MOVE INTO DISCUSSION OF THIS.

I'LL START WITH COMMISSIONER FRANCIS.

ALRIGHT, DON'T HAVE ANY, OKAY, JUST NEXT IS SPEEDING THIS ALONG.

UM, JUST TO CLARIFY, IN THE LAST MOTION I KNOW WE DISCUSSED AND WE MIGHT WANNA DISCUSS SIMILAR THINGS HERE.

UM, MY UNDERSTANDING OF THE MOTION THAT YOU JUST MADE IS THAT IT WOULD KEEP THE THOUSAND DOLLARS PER WEEK, UM, AMOUNT UNAM AMENDED.

IS THAT CORRECT? THAT'S CORRECT.

UM, WELL IN THAT CASE, IS THERE ANY OTHER DISCUSSION ON THE MOTION AT HAND? I COULD MAKE A FRIENDLY AMENDMENT.

COMMISSIONER MUSGROVE, CAN I OFFER THAT WE CHANGE IT TO A THOUSAND DOLLARS PER DAY? IS THAT MOTION ACCEPTED AS A FRIENDLY, A AMEND? YES.

ACCEPTED.

THAT IS ACCEPTED.

IS THERE A SECOND FOR THE MOTION TO AMEND? SECOND.

THAT IS A SECOND FROM COMMISSIONER IBARRA.

UM, WE WILL NOW MOVE TO, UH, VOTE ON THE AMENDMENT.

WE'LL MAKE THIS A ROLL CALL VOTE.

AND I'M, I'M SORRY, SHARON, ONE MORE TIME JUST FOR CLARIFICATION.

THAT'S A THOU JUST A THOUSAND DOLLARS PER DAY OR IS THAT ALSO PER VIOLATION? COMMISSIONER MUSGROVE, CAN WE DO PER VIOLATION THAT, UH, THAT IS TECHNICALLY WHAT IS THE MAXIMUM ALLOWABLE UNDER STATE LAW? UH, BUT I I, AND I WASN'T SURE IF THAT'S WHAT HE WAS TRYING TO DO, SO I JUST WAS ASKING FOR CLARIFICATION.

I I I JUST TO BE CLEAR, I I THINK IN THE LAST, UM, CASE WE, WE DISCUSSED THIS MAXIMUM ALLOWABLE AMOUNT, I THINK OUR IMPRESSION WAS THAT A THOUSAND DOLLARS PER DAY WAS THE MAXIMUM ALLOWABLE PER PROPERTY.

IS IT PER PROPERTY OR PER VIOLATION? IT'S PER VIOLATION.

OH, IT'S, YES.

AND, AND I THINK THE LAST CASE WAS A BIT MORE COMPLEX BECAUSE WE HAD MULTIPLE BUILDINGS.

UM, SO I THINK MY UNDERSTANDING FROM YOUR THE LAST CASE IT WAS YOU ALL ASSISTED PER PROPERTY.

UM, BUT I DO JUST WANNA MAKE SURE THAT WE'RE CLEAR.

IT IS TECHNICALLY AS LONG AS THERE IS JUSTIFICATION FOR IT, RIGHT, YOU CAN ASSESS A MAXIMUM $1,000 PER DAY PER VIOLATION.

UM, BUT IT DOES HAVE TO BE REASONABLE OF COURSE, BASED ON THE CIRCUMSTANCES AND THE EVIDENCE PRESENTED.

THANK YOU FOR THAT CLARIFICATION BECAUSE I DO, I DO KNOW WE'VE HAD THAT, UH, COME UP IN THE PAST, SO THAT IS HOW MANY VIOLATIONS? GOOD TO KNOW.

MANY.

SO HOW MANY VIOLATIONS DO WE HAVE UH, ON THIS PROPERTY? I AM 18, UM, I BELIEVE 18 VIOLATIONS.

SO THE MAXIMUM WOULD BE 18 K PER DAY.

UM, IS THAT WHAT YOU WOULD LIKE TO AMEND TO THEN? YES, I WOULD LIKE TO AMEND TO A THOUSAND DOLLARS PER DAY PER VIOLATION.

IS THAT MOTION ACCEPTED? THAT AMENDMENT? SO WE'RE CHANGING IT INSTEAD OF PER WEEK TO A THOUSAND PER VIOLATION PER DAY THAT THAT WOULD KICK IN ON THE 31ST DAY? YES.

I DO BELIEVE THAT'S THE AMENDMENT, YES, THAT'S CORRECT.

AND JUST FOR THE RECORD, IS THERE A SECOND FOR THIS AMENDMENT? SECOND? THAT IS A SECOND FROM COMMISSIONER TOM LOVICH.

LET'S MOVE INTO A ROLL CALL VOTE ON THE AMENDMENT.

SO AGAIN, THIS IS TO AMEND COMMISSIONER FRANCIS' MOTION, UM, WITH COMMISSIONER MUSGRAVE'S AMENDMENT.

UH, COMMISSIONER IBARRA AYE.

COMMISSIONER MUSGROVE AYE.

AND THE VICE CHAIR ALSO VOTES, AYE, THERE BEING SEVEN A'S AND NO NAYS.

THE MOTION IS AMENDED TO NOW READ AS A THOUSAND DOLLARS PER DAY PER VIOLATION.

WITH THAT, IS THERE ANY OTHER DISCUSSION ON THE MOTION AS AMENDED? IF, IF I MIGHT CHAIR COMMISSIONER TOM HONOVICH, I THINK TO DISCUSS, UH, I THINK THE EVIDENCE PRESENTED ON THIS PARTICULAR PROPERTY, UM, THERE IS NO SITE PLAN FOR REPAIR.

THERE ARE NO ACTIVE, UH,

[01:45:01]

DEMO PERMITS.

THIS IS A LONG STANDING PUBLIC NUISANCE.

I MEAN, THIS IS THE DEFINITION OF AN ATTRACTIVE NUISANCE, UM, WHO THE OWNER'S LAWYERS SHOULD BE TELLING THEM THAT THEY ARE LIABLE FOR, UH, HARM THAT HAPPENS TO PEOPLE IN THEIR APARTMENTS WHEN THEY ARE VACANT AND THEY'RE SUPPOSED TO BE, UH, SECURED, WHICH AUSTIN SYDNEY ORDINANCE REQUIRES.

THAT IS CLEARLY NOT BEYOND ALL THE MORAL CONSIDERATIONS AND THE CONCERNS OF NEIGHBORS.

THAT HAS CLEARLY NOT INCENTIVIZED THIS PROPERTY OWNER TO MOVE FORWARD IN ANY WAY TO RESOLVE THESE ISSUES.

AND SO FOR THAT REASON, I SUPPORT, UH, COMMISSIONER MU GROSS'S AMENDMENT TO, UH, APPLY THE MAXIMUM POSSIBLE FINE TO THIS PARTICULAR PROPERTY TO HONOR WHAT NEIGHBORS ASKED US TO DO, WHICH IS TO SPEED THIS PROCESS ALONG.

UNFORTUNATELY BECAUSE OF LIMITED BUDGET IN THE IMMEDIATE, THE BEST EXECUTIVE TO SOLVE THIS PROBLEM IS THE PROPERTY OWNER.

AND SO WE'RE GONNA APPLY THE, I THINK IT'S RIGHTEOUS THAT WE'RE APPLYING THE MAXIMUM POSSIBLE, UM, INCENTIVE FOR THE PROPERTY OWNER TO TAKE CARE OF THESE SERIOUS ISSUES.

UH, THANK YOU FOR SPEAKING TO THAT, ESPECIALLY BECAUSE IN LIGHT OF ADVICE FROM COUNSEL, UM, THIS DOES NEED TO BE A REASONABLE PENALTY ULTIMATELY, AND I, I I DO IN FACT AGREE THAT, UH, THAT $18,000 A DAY IS REASONABLE JUST IN LIGHT OF THE INTENSE COMMUNITY HARM AND THE SEVERE DANGER POSED BY THE PROPERTY.

UM, WITH THAT, IS THERE ANY OTHER DISCUSSION ON THE MOTION AS AMENDED? SEEING NONE, I WILL MOVE INTO A ROLL CALL VOTE.

COMMISSIONER IBARRA AYE.

COMMISSIONER MUSGROVE.

ON TO THE NEXT AGENDA ITEM, WHICH AGAIN, WE'RE TAKING THIS SLIGHTLY OUT OF ORDER.

THERE BEING SEVEN AYES AND NO NAYS.

THE MOTION AS AMENDED PASSES AND THE ORDER WILL BE MAILED TO THE PROPERTY OWNER.

UM, WITH THAT WE CAN MOVE

[5. Case Number: CL 2025-085215]

UM, BUT RIGHT AFTER THIS ONE IS PROPERTY, UH, AT 1800 PATENT LANE.

AGENDA ITEM NUMBER FIVE.

ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 2025 DASH OH 8 5 2 15 AND IS REGARDING THE PROPERTY LOCATED AT 1 8 0 0 PATENT LANE.

STAFF EXHIBITS CAN BE FOUND IN THE GOLDEN ORANGE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.

HERE'S SOME FACTS ABOUT THE CASE.

THE THIS CASE IS REGARDING AN UNOCCUPIED COMMERCIAL MULTIFAMILY STRUCTURE WITH APPROXIMATELY FIVE, UH, UH, SORRY, UNOCCUPIED, COMMERCIAL MULTIFAMILY PROPERTY WITH APPROXIMATELY FIVE STRUCTURES AND 40 UNITS.

THE CASE WAS OPENED IN DECEMBER, 2024 AS THE RESULT OF A COMPLAINT ABOUT TRASH AND DEBRIS.

CURRENTLY, THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.

THE COMMERCIAL MULTIFAMILY, UH, STRUCTURES ARE, UH, PUBLIC AND ATTRACTIVE NUISANCE, AND ARE CONSIDERED SUBSTANDARD AND REQUIRE REPAIR.

IN YOUR READERS OR GOOGLE DRIVE FOLDER, 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, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO E AND THE RECOMMENDED ORDER CODE.

INVESTIGATOR COURTNEY BRITT IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY HAD DEPICTED.

INVESTIGATOR BRIT, PLEASE BEGIN YOUR TESTIMONY.

MY NAME IS COURTNEY BRITT AND I'M A CODE INVESTIGATOR FOR DEVELOPMENT SERVICE DEPARTMENT CODE COMPLIANCE.

THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A MULTIFAMILY COMMERCIAL APARTMENT COMPLEX CONSISTING OF FIVE BUILDINGS WITH 40 UNITS LOCATED AT 1800 PATENT LANE.

THE OWNERS OF RECORD HAVE BEEN IDENTIFIED AS RPC OAKVIEW TERRACE, LLC PER THE TRAVIS CENTRAL APPRAISAL DISTRICT.

ON DECEMBER 18TH, 2024.

WE RECEIVED A COMPLAINT FOR THIS PROPERTY VIA 3 1 1 FOR A DANGEROUS UNSANITARY STRUCTURE OCCUPIED BY PERSONS EXPERIENCING HOMELESSNESS THAT DAY.

INSPECTOR DAVID CRUZ CONDUCTED AN INITIAL INSPECTION AND MAILED A NOTICE OF VIOLATION TO THE OWNER IDENTIFIED IN THE TRAVIS CENTRAL APPRAISAL DISTRICT FOR THE UNSANITARY CONDITIONS, THE TRASH AND DEBRIS.

ON FEBRUARY 17TH, 2025, A PD REMOVED UNAUTHORIZED INDIVIDUALS AND CODE INSPECTORS AND CITY CONTRACTORS CONDUCTED AN EMERGENCY BOARD AND SECURE OF ALL ACCESSIBLE WINDOWS AND DOORS ON THE PREMISES.

SUBSEQUENTLY, OWNER'S REPRESENTATIVE FENCED THE FRONT OF THE PREMISES.

CORRECTION, UH, THE CITY OF AUSTIN FENCED THE FRONT OF THE PREMISES TO DETER REOCCUPATION, UH, BY UNAUTHORIZED INDIVIDUALS.

ON MARCH 10TH, 2025, CODE INSPECTORS OBTAINED A SEARCH AND SEIZURE WARRANT AND CITY CONTRACTORS AGAIN CONDUCTED AN EMERGENCY BOARD AND SECURE ON THE ACCESSIBLE WINDOWS AND DOORS AND CONDUCTED AN INSPECTION FOR THE STRUCTURAL FOR

[01:50:01]

STRUCTURAL DEFICIENCIES.

ON MARCH 12TH, CODE INSPECTOR MICHAEL LARNER MAILED A NOTICE OF VIOLATION WITH THE STRUCTURAL DEFICIENCIES TO THE OWNER IDENTIFYING THE TRAVIS CENTRAL APPRAISAL DISTRICT AND THE REGISTERED AGENT.

ON MARCH 19TH, CODE INSPECTORS OBTAINED A SECOND SEARCH WARRANT TO ABATE THE PROPERTY.

CONTRACTORS REMOVED APPRO APPROXIMATELY 70 CUBIC YARDS OF UNSANITARY MATERIAL INCLUDING TIRES, SOILED MATTRESSES, DISCARDED APPLIANCES, AND BAGGED AND LOOSE TRASH.

ON JULY 9TH, I CONDUCTED A FOLLOW-UP INSPECTION AND CONFIRMED THAT SIX OF THE VIOLATIONS ON THE PROPERTY REMAINED VALID AND OBSERVABLE.

I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.

PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE FRONT OF THE COMPLEX.

FROM THE RIGHT OF WAY, THERE ARE FIVE STRUCTURES FOR A TOTAL OF 40 INDIVIDUAL UNITS.

THIS IS FOR UNSAFE STRUCTURE, SECTION ONE, 11.7.

NEXT PHOTO, PHOTO TWO B DEPICTS THE INTERIOR OF THE UNIT THAT IS CURRENTLY OPEN AND ACCESSIBLE AND IS A TYPICAL EXAMPLE FOR THE UNITS ON THIS PROPERTY WITH VIOLATION FOR INTERIOR SURFACES AND INTERIOR DOORS.

PHOTO PHOTO TWO C DEPICTS A DAMAGED DOOR FRAME AND STRIKE PLATE CONSISTENT WITH FORCED ENTRY.

THIS IS A VIOLATION FOR EXTERIOR DOORS.

PHOTO 2D SHOWS THE DAMAGED ELECTRICAL SERVICE EQUIPMENT AND MISSING METERS.

THIS IS ELECTRICAL FACILITIES REQUIRED X PHOTO AND PHOTO TWO E SHOWS A BROKEN WINDOW, WHICH IS TYPICAL OF WINDOWS, UH, ON EVERY UNIT THROUGHOUT THE PROPERTY, WINDOWS, SKYLIGHT, AND DOORFRAMES.

IN, IN LIGHT OF THE APDS INVOLVEMENT AND THE NINE CODE VIOLATIONS ON THIS PROPERTY IN THE LAST CALENDAR YEAR AND THE $12,799 AND 54 CENTS, THE CITY HAS SPENT TO SECURE AND CLEAN THE PROPERTY, WE ASK THE COMMISSION TO ISSUE AN ORDER FOR REPAIR AND ADOPT THE STAFF RECOMMENDATION AND TIMELINE FOR COMPLIANCE.

THANK YOU FOR YOUR TESTIMONY, INSPECTOR BRITT.

UM, IF ANYONE ELSE WOULD LIKE TO OFFER TESTIMONY OR WE COULD PASS TO JAMES EVERWINE 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, UH, WITH SUBSTANDARD CONDITIONS.

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

E STAFF ALSO REQUEST 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 MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.

AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

WITH THAT, I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO E.

UM, I WOULD ALSO LIKE TO SAY JUST IN REGARDS TO SEVERAL, UH, OF THE PEOPLE WHO SPOKE IN REGARDS TO THE LAST CASE, UM, SINCE SOME OF THEIR TESTIMONY HAD TO DO WITH THE PARTICULAR PROPERTY AND SOME OF IT HAD TO DO WITH THE NEIGHBORHOOD, UM, IF YOU WOULD LIKE TO COME BACK UP AND OFFER ANY PARTICULAR TESTIMONY TO THIS PARTICULAR PROPERTY, I HAVE YOU REGISTERED AS SPEAKERS FOR, UH, FOR BOTH OF THESE PROPERTIES.

UM, SO YOU'RE WELCOME TO DO SO.

UH, IF, IF YOU, UH, HAVE ANY INTENTION TO, IF NOT, THAT IS ALSO FINE.

BUT, UH, YES, YOU MAY COME UP AND SPEAK ON THAT NOW.

AND AGAIN, THIS IS SPECIFICALLY IN REGARDS TO THE PROPERTY AT 1800 PATENT LANE THAT WAS JUST DISCUSSED.

THANK YOU AGAIN, I APPRECIATE THE EFFORTS TO INCREASE THE, UH, PENALTIES TO, UM, RATHER THAN, YOU KNOW, PER PROPERTY.

UM, UH, YES.

SORRY, COMMISSIONER.

I'M SORRY, MS. HERRERA.

I'M SO SORRY, MA'AM.

IF YOU, I KNOW YOU'VE ALREADY PREVIOUSLY IDENTIFIED YOURSELF, BUT BECAUSE WE ARE ON A NEW CASE, IF YOU COULD ONCE AGAIN INTRODUCE YOURSELF FOR THE RECORD.

DEMOLITION WOULD BE IN THE INTEREST OF THE COMMUNITY, THE CITY, I APPRECIATE THE OFFICERS WHO PUT THEMSELVES IN DANGER UNNECESSARILY.

I'M KARINA KLIA, LOCAL RESIDENT OR RESIDENT OF THE VICINITY AND HOMEOWNER.

UH, JUST WANTED TO ADD A FEW MORE POINTS.

I APPRE APPRECIATE THIS, UH, EFFORT.

UH, I THINK WHATEVER MEANS, UH, I THINK REPAIR IS UNACCEPTABLE, BUT WHATEVER MEANS WOULD BE SUITABLE FOR A FAST

[01:55:01]

THIS IS AN ABUSE OF THEIR SERVICE, AN ABUSE OF TAXPAYER RESOURCES TO KEEP CALLING, UH, TO THIS PARTICULAR NEW, UH, PROPERTY AS WELL BECAUSE I'VE WITNESSED MULTIPLE DRUG TRANSACTIONS AND LOITERING AND DRUG AND CRIMINAL ACTIVITY, ASSAULT, UM, PARTNER ASSAULT, ALL KINDS OF CRIMES IN THE AREA RIGHT NEXT TO, RIGHT NEXT TO THIS COMMUNITY PARK.

OUR HOMELESS PEOPLE HAVE BEEN ABUSED AND PREDATED ON, LIKE I SAID, IN FRONT OF THIS PROPERTY AS WELL.

SO MY, MY WISH WOULD BE FOR A NEW DEVELOPMENT THAT DOES ACCOMMODATE SOME LOW INCOME HOUSING, BUT ALSO, UH, YOU KNOW, UH, IS, IS A BENEFIT TO THE NEIGHBORHOOD AND THE COMMUNITY.

AND, UM, WE CAN'T BE TOLERATING THE SUBSTANDARD, UM, THE SUBSTANDARD PLACES THAT ARE, ARE JUST, UH, CRIME DENTS.

AND SO AS A ALSO, I'VE DONE MANY RIDEALONGS WITH THE POLICE.

I'M INTIMATELY AWARE OF THE CRIME THAT HAPPENS IN THE AREA.

IT HAS PERSISTED FOR DECADES.

I SEE NO ENDED SIGHT IF THEY, IF THE OWNER IS ALLOWED TO, UM, YOU KNOW, CONTINUE WITH, YOU KNOW, JUST COSMETIC REPAIRS AND NOT A REAL DEMOLITION.

UM, WE NEED ACCOUNTABILITY.

THE FUNDS THAT WE'RE EXPENDING ON THIS 1800 PROPERTY AS WELL AS AS A COMMUNITY, AS A CITY IS BETTER SPENT ON NEW DEVELOPMENT FOR MORE DENSE HOUSING WITH A NEW STRUCTURE.

WE MIGHT EVEN BE ABLE TO HAVE, UH, YOU KNOW, BETTER BUILDING CODES, UH, BETTER HOUSING, BETTER STANDARDS.

THIS IS UNACCEPTABLE THAT PEOPLE ARE LIVING IN THESE CONDITIONS.

I WOULDN'T BE SURPRISED IF CHOLERA COULD DEVELOP OUT OF A SITUATION LIKE THAT WITH, WITH THE HUMAN WASTE AND, AND DRUG ACTIVITY.

SO, UH, THAT'S THE ONLY THING ELSE.

UH, ONLY OTHER THING I WANTED TO ADD IS THAT I HAVE ABSOLUTELY WITNESSED DRUG, UH, I MEAN CRIME ACTIVITY IN FRONT OF THIS PROPERTY AS WELL.

SO IT'S NOT JUST, UH, LIMITED TO THE OTHER ONE I SPOKE ABOUT.

UM, IF, UH, MS. CARLY MELENSON, UH, CAN ALSO, UH, SPEAK AGAIN, JUST INTRODUCE YOURSELF FOR THE RECORD AGAIN.

YEP.

I'M CARLY OSA.

I AM A NEIGHBOR IN WINDSOR PARK.

I LIVE FOUR HOUSES DOWN FROM THESE PROPERTIES, UM, KIND OF DIRECTLY ON, SO I CAN SEE THEM LIKE STRAIGHT FROM MY FRONT YARD.

UM, THE ROBOCOP OUT FRONT, IF IT'S REDUCING PEOPLE TRESPASSING, UM, GREAT, BUT IT, TO ME, IT'S NOT A LONG-TERM SOLUTION.

IT'S BEEN SIX TO EIGHT WEEKS THAT EVERY TWO MINUTES YOU HEAR, UM, THIS PROPERTY IS UNDER SURVEILLANCE, TRESPASSING IS NOT PROHI, UH, TRESPASSING IS PROHIBITED.

SO IF I'M IN MY BACKYARD TRYING TO BIRD WATCH, SIT IN MY, UH, COWBOY POOL, UM, I'M HEARING THIS REPLAY OVER AND OVER AND OVER.

UM, I'VE DONE 3 1 1 REPORTS ABOUT IT AND IT'S MAYBE BEEN TURNED AWAY FROM THE STREET OR SOMETHING TO MAKE IT LESS LOUD, BUT I CAN STILL HEAR IT.

UM, SO I DON'T THINK THAT'S A LONG-TERM SOLUTION AND HONESTLY, IF YOU COULD TURN IT OFF TODAY, THAT'D BE GREAT.

UM, AND I JUST WANNA SAY, YOU KNOW, WE KEEP REFERRING TO THE CRIMINAL ACTIVITY IN THE AREA, BUT OUR RAA RASTAGAR TO ME IS THE BIGGEST CRIMINAL IN THIS CASE.

UM, YOU KNOW, IT'S REALLY SAD THAT IN A CITY STATE COUNTRY WHERE, UM, HOMELESSNESS IS GROWING AT BREAKNECK PACE, WE HAVE UNINHABITED PROPERTIES AND THAT'S WHERE THEY FEEL THEY CAN GO TO GET ANY KIND OF SHELTER.

UM, THAT DOESN'T, YOU KNOW, ANYWAY, IT'S OUTSIDE OF THE SCOPE OF THIS MEETING, I THINK.

UM, BUT YEAH, I I THINK IT'S REALLY IMPORTANT THAT WE HOLD THE RIGHT PEOPLE ACCOUNTABLE.

THE OWNER OF THIS PROPERTY WHO HAS MULTIPLE IN THE CITY, AND, YOU KNOW, I'M, I'M JUST LOOK HIM UP.

HE IS A CHARACTER AND REALLY SHOULD NOT BE ALLOWED TO INVEST ANYMORE INTO ANY OTHER PROPERTIES IN THIS TOWN, UM, WITHOUT FIRST RECONCILING WHAT HE'S ALLOWED TO HAPPEN TO THESE PROPERTIES.

UM, AND I THINK THERE ARE POSSIBLY OTHERS THAT ARE IN SIMILAR CONDITION OR HEADED THAT WAY.

UM, IF UNDER HIS, YOU KNOW, OWNERSHIP.

UM, YEAH, I THINK THAT'S IT.

PLEASE TURN OFF THE ROBOCOP.

UH, THANK YOU BOTH VIA TESTIMONY IN REGARDS TO THIS PROPERTY.

UM, WITH THAT, I BELIEVE I WOULD OPEN IT UP TO ANY OF MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS OF CITY STAFF

[02:00:01]

AT THIS TIME.

SEEING NONE, UM, I WOULD OI WOULD BE OPEN TO A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.

THAT'S A MOTION FROM COMMISSIONER MUSGROVE.

ANY SECOND? SECOND.

THAT'S A SECOND FROM COMMISSIONER IBARRA.

EH, LET'S GO INTO A VOTE.

UM, ALL THOSE IN FAVOR SAY AYE.

HEARING SEVEN AYES AND NO NAYS, THE MOTION IS PASSED.

THE PUBLIC PORTION OF THE HEARING IS NOW CLOSED.

WITH THAT, I WOULD WELCOME A MOTION FROM ANY OF THE COMMISSIONERS.

UH, COMMISSIONER YBARRA.

I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER.

ONE SUBSTITUTE 30 DAYS FOR 45 DAYS.

TWO, UH, SUBSTITUTE 31ST DAY.

UH, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER DAY PER VIOLATION.

SECOND, THAT IS A SECOND FROM COMMISSIONER FRANCIS.

UM, SO JUST TO BE CLEAR, THAT'S A MOTION FOR THE RECOMMENDED ORDER WITH THE TIMEFRAME CHANGED TO 30 DAYS AND THE 31ST DAY AND THE PENALTY CHANGED TO A THOUSAND DOLLARS PER VIOLATION PER DAY.

IS THAT CORRECT? THANK YOU.

WITH THAT, IS THERE ANY DISCUSSION ON THE MOTION? SEEING NONE, I WILL, I GUESS I, IF I MIGHT OFFER PLEASURE COMMISSIONER TOM LOVICH, UH, JUST, UH, AGAIN, THE, SOME OF THE FACTS ARE ON THE RECORD, BUT, UH, NO SITE PLAN, NO DEMO PLAN, UH, NO CONTACT FROM THE PROPERTY OWNER.

ARE THESE ALL TRUE THINGS? CITY STAFF? YES.

AND THIS IS, UH, UH, UH, WHEN DID YOU, WHEN WAS THE FIRST TIME YOU MADE CONTACT WITH THIS PROPERTY? IN FEBRUARY? NO, MARCH, DECEMBER 18TH, 2024.

OKAY, SO NOW OVER, OVER EIGHT MONTHS WITH NO ACTION BY THE PROPERTY OWNER.

SO I JUST WANTED TO SUM UP, UH, UH, A DECENT FOUNDATION FOR WHY WE'RE ASSESSING THE MAXIMUM PENALTY HERE FOR THIS PARTICULAR CASE.

AND TO CONFIRM THERE ARE NINE VIOLATIONS, IS THAT RIGHT? YES, THEY DO SEE FIVE, I THINK HAVE THE NOV, UM, I THINK IT WOULD BE FIVE.

WE CAN'T COUNT 'EM IF THEY'RE NOT ON THE NOV, BUT I'LL, I WOULD'VE TO LOOK AT ALL THE NVS TO BE SURE.

I DO SEE IN OUR DOCUMENTS FIVE THAT HAVEN'T BEEN CLEARED.

I KNOW AT ONE POINT THE NUMBER NINE WAS MENTIONED, BUT I THINK THAT MIGHT HAVE BEEN IN REGARDS TO THE NUMBER OF ONES THAT WERE ASSESSED AND THEN SOME OF THEM HAVE BEEN, I THINK THE WORDING WAS SET ASIDE PERHAPS.

UM, BUT YEAH, IF, IF FIVE IS THE NUMBER THAT ARE CURRENTLY NOT CLEARED, MY UNDERSTANDING WOULD BE THAT THAT'S THE MAXIMUM AMOUNT WE COULD.

THAT'S RIGHT, YES.

THE ONES THAT ARE UNRELEASED, THERE ARE FIVE.

IN THAT CASE, YES.

UH, MY UNDERSTANDING WOULD BE A THOUSAND DOLLARS PER VIOLATION PER DAY WOULD BE 5,000 IN TOTAL.

IS THERE ANY OTHER DISCUSSION ON THE MOTION? SEEING NONE, WE WILL GO TO A ROLL CALL VOTE STARTING WITH COMMISSIONER IBARRA.

COMMISSIONER TAM MILANOVICH AYE.

COMMISSIONER LAQUA AYE.

COMMISSIONER GUKE.

UH, COMMISSIONER GUKE AYE.

COMMISSIONER MUSGROVE.

THE NEXT AGENDA ITEM, WHICH WAS THE ONE THAT WE'VE SKIPPED OVER SO FAR, WHICH IS AGENDA ITEM NUMBER THREE FOR THE I 35 ADDRESS.

THERE BEING SEVEN EYES AND NO NAYS.

THE MOTION PASSES.

UM, THAT CONCLUDES THIS CASE.

UM, I JUST WANNA THANK UH, ALL OF THE MEMBERS OF, UH, CITY STAFF INSPECTOR BRITT, AS WELL AS, UM, UH, SERGEANT HOSKINS FOR SPEAKING TO US TODAY.

I APPRECIATE THE, UH, PERSPECTIVE OFFERED AND, UH, JUST APPRECIATE EVERYONE INVOLVED HOPEFULLY THIS PROPERTY AND ALSO TO THE, UH, NEIGHBORS.

GENUINELY I THINK THAT THIS IS A CASE THAT SOMEWHAT RUBS THE CONSCIOUS.

SO, UM, I, I THINK WE'RE ALL GRATEFUL FOR THE TESTIMONY THAT'S BEEN OFFERED IN REGARDS TO THIS CASE AND, UH, THE RECENT TESTIMONY IN THE OTHER TWO CASES.

WITH THAT, WE WILL MOVE TO

[3. Case Number: CL 2025-079112]

ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 2025

[02:05:01]

DASH OH 7 9 12 AND IS REGARDING THE PROPERTY LOCATED AT 20 NORTH IH 35 SERVICE ROAD SOUTHBOUND, ALSO KNOWN AS THE HOLIDAY INN TOWN LAKE STAFF EXHIBITS CAN BE FOUND IN THE DARK BLUE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THE CASE.

THIS CASE IS REGARDING A COMMERCIAL HOTEL MOTEL STRUCTURE.

THIS CASE WAS OPENED IN MAY, 2024 AS THE RESULT OF AN ANNUAL HOTEL INSPECTION.

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

THE COMMERCIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS THAT REQUIRE REPAIR.

IN YOUR READERS OR GOOGLE DRIVE FOLDER, 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, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND A FIRE INSPECTION REPORT AND AN ENGINEER'S LETTER.

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

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

INSPECTOR VAN CLEVE, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING MADAM CHAIR AND COMMISSIONERS.

MY NAME IS SANDY VAN CLEVE.

I'M THE SIGN CODE OFFICER FOR THIS CASE.

AND WITH ME IS LIEUTENANT KEITH MOORE WITH THE AUSTIN FIRE DEPARTMENT.

THE PROPERTY BROUGHT FOR YOU BROUGHT BEFORE YOU TODAY IS A COMMERCIAL PROPERTY CONTAINED IN A HOTEL AND A ON-PREMISE PARKING GARAGE LOCATED AT 20 NORTH INTERSTATE HIGHWAY 35.

THE OWNER ON RECORD WITH THE TRAVIS COUNTY APPRAISAL DISTRICT IS A-S-D-N-A-U-T-I-N-L-L-C.

ON APRIL 29TH AND 30TH OF THIS YEAR, I CONDUCTED THE ANNUAL HOTEL INSPECTION REQUIRED FOR THE HOTEL'S OPERATING LICENSE.

MY INSPECTION INCLUDED ALSO THE ON-PREMISE PARKING GARAGE AND WHILE APPEARING IN FAIR CONDITION, THE GARAGE DID EXHIBIT SIGNS OF DETERIORATION IN AREAS THAT COULD POSE HAZARDS IF NOT ADDRESSED.

MY INSPECTION OF LEVELS ONE THROUGH FIVE REVEALED 24 INSTANCES OF CONCRETE SPA AT CONSTRUCTION JOINTS EXPOSED REBAR AND RE REINFORCEMENT IN AREAS AND FALLEN LOOSE CONCRETE IN CERTAIN AREAS THAT WERE NOTED ON THE GROUND THAT WERE POSED AS A HAZARD.

ON THE FOURTH LEVEL, I OBSERVED CONCRETE DISTRESS ON A POST-TENSION BEAM AND COLUMN CONCRETE SUPPORT PILLARS.

AT THE TOP LEVEL SAW CELLS SHOWED SOME CONCRETE SPA.

FURTHERMORE, BETWEEN THE THIRD AND FOURTH LEVELS THERE WERE VISIBLE PREVIOUS REPAIRS TO POST TENSION BEAMS AND NEWLY INSTALLED SADDLE PLATES INDICATING PRIOR STRUCTURAL ISSUES.

A CHECK IN OUR RECORDS THERE SHOWS NO RECORD OF A BUILDING PERMIT FOR THOSE REPAIRS.

ON JUNE THE SIXTH, I RECEIVED A LETTER FROM FORM STRUCTURE ENGINEERING.

FOLLOWING THE RECENT VISIT, THEY HAD THE LETTER CONFIRMED SOME OF MY INITIAL FINDINGS AND HIGHLIGHTED NOTABLE CONCERNS RELATED TO THE PRECAST CONCRETE, SPECIFICALLY THE DOUBLE T BEAMS THAT INVERT INVERTED T BEAMS AND EXPOSED AND ANCILLARY METAL ELEMENTS.

THESE ISSUES APPEAR TO STEM FROM CORROSION AND DETERIORATION.

ADDITIONALLY, FORMER STRUCTURE ENGINEERING IDENTIFIED CONCRETE DISTRESS IN VARIOUS LOAD BEARING STRUCTURAL ELEMENTS THROUGHOUT THE GARAGES UPPER LEVELS, AND THEY WARRANTED FURTHER INVESTIGATION BEFORE MAKING ANY OTHER FURTHER ANY RECOMMENDATIONS AS TO REPAIRS.

ON OCTOBER 25TH, 2024, I CONDUCTED AN INSPECTION AT THE REQUEST OF THE FIRE MARSHAL'S OFFICE TO ADDRESS UNCORRECTED VIOLATIONS CONCERNING THE FIRE ALARM AND SPRINKLER SYSTEMS. DURING THIS INSPECTION, IDENTIFIED VIOLATIONS OF FIRE SAFETY REQUIREMENTS UNDER THE IPMC CHAPTER 7 0 4.

SPECIFICALLY THERE WERE MULTIPLE RED AND YELLOW TAGS INDICATING DEFICIENCIES THAT WERE BOTH CRITICAL AND NONCRITICAL TO BOTH THE ALARM PANEL AND IN THE RISER ROOM.

AND WE CAN GO THROUGH THE PHOTOGRAPHS.

THE PHOTO TWO A TWO A.

THIS IS THE, THIS PHOTO SHOWS THE NEAREST CROSS SECTION STREET WHERE THE HOTEL IN ON-PREMISE GARAGE IS LOCATED.

NEXT PHOTO FELLOW TWO B SHALLS, AN OVERVIEW OF THE FRONT OF THE PROPERTY.

NEXT PHOTO FELLOW TWO C SHALLS, AN OVERVIEW OF THE ON-PREMISE PARKING GARAGE.

NEXT PHOTO FELLOW TWO E,

[02:10:02]

OR I'M SORRY, PHOTO 2D THIS SHOWS THE LOCATION AS LEVEL FIVE IN THE PARKING GARAGE.

NEXT PHOTO, PHOTO TWO E.

THIS SHOWS SOME BROKEN, DETERIORATED, CONCRETE AND CORROSION ON AN OVERHEAD POST TENSION BEAMS. AND AS YOU CAN SEE, THE POST TENSION AND BEING THE POST TENSION AND TENDONS, THOSE ARE, THOSE LITTLE STRANDS OF WIRES ARE EXPOSED AND ARE CORRODING.

AND ALSO YOU CAN SEE THE METAL PIPE RUNNING ACROSS THERE THAT IS SHOWING SIGNS OF CORROSION.

NEXT PHOTO.

PHOTO TWO F.

THIS IDENTIFIES LEVEL FOUR OF THE PARKING GARAGE.

NEXT PHOTO, PHOTO TWO G SHOWS DETERIORATION OF THE FLANGE CONNECTOR AND SHOWS HOW IT'S DISTRESSED AND EXPOSED.

NEXT PHOTO FELLOW TWO H.

THIS IS ANOTHER AREA THAT SHOWS THE FLANGE CONNECTOR AND THE JOINT THAT SHOWS THE DETERIORATION.

NEXT PHOTO, FELLOW TWO L SHOWS OBVIOUS WORK.

WHERE, OR FELLOW TWO I, I AM SORRY.

FELLOW TWO I SHOWS THE OBVIOUS WORK, UH, THAT WAS PERFORMED.

AS YOU CAN SEE, THOSE ARE, UH, APPEARS THAT SOME BEAMS WERE REPLACED AND NEW SADDLE PLATES WERE INSTALLED, AND THIS WAS DONE WITHOUT A PERMIT.

IT'S THAT WE CAN FIND ANY PERMITS ON RECORD.

NEXT PHOTO, PHOTO TWO J.

THIS SHOWS, UH, THE LOCATION AT LEVEL THREE AND PHOTO 2K.

THIS SHOWS A SECTION OF CONCRETE, UH, OVERHEAD.

THAT'S, AS YOU CAN SEE, A PORTION OF IT'S MISSING AND OF DISTRESS.

FLANGE CONNECTORS.

NEXT PHOTO FELLOW TWO L.

THIS IS AT THAT SAME LOCATION THAT WAS LOOKING UP AT ON THE PREVIOUS, UH, PHOTO, BUT YOU CAN SEE CONCRETE THAT HAS BEEN BROKEN AND FALLING ONTO THE GROUND.

FELLOW TWO M JUST JUST SHOWS SOME MORE CONCRETE DISTRESS OF THE JOINTS AND THE FLANGE CONNECTOR.

NEXT PHOTO FELLOW TWO N.

THIS IS, UH, LEVEL TWO.

NEXT PHOTO FELLOW TWO.

OH.

UH, THIS JUST SHOWS SOME MORE CONCRETE DISTRESS OF THE JOINTS IN THE FLANGE CONNECTOR.

AND, AND, UH, EXHIBIT THAT YOU HAVE WITH THE FIRE DEPARTMENT REPORT SHOWS, UH, THEIR RECENT SEQUENCE TEST AND INSPECTIONS, UH, REVEALED MULTIPLE OPERATING DEFICIENCIES WITHIN THE HOTEL'S FIRE SYSTEM, ALONG WITH MULTIPLE OVERDUE REQUIRED INSPECTIONS REQUIRED FOR THE FIRE SYSTEMS. A CHECK IN OUR COMPLIANCE ENGINE, WHICH IS AN OFFICIAL RECORD THAT SHOWS, UH, THE INSPECTIONS AND DEFICIENCIES FOR SUCH, UH, FIRE SYSTEMS FOR THIS HOTEL SHOWS, UH, AT THAT TIME, SEVEN DEFICIENCIES FOR THE SPRINKLER SYSTEMS. ONE DEFICIENCY FOR THE HOOD KITCHEN HOOD SYSTEM.

14 DEFICIENCIES FOR THE FIRE ALARM SYSTEM, ONE DEFICIENCY FOR BOTH THE ANNUAL AND FIVE YEAR STANDPIPE INSPECTIONS.

AND THE SMOKE CONTROL SYSTEM INSPECTION IS MORE THAN 180 DAYS PAST DUE.

NON-COMPLIANCE WITH THESE FIRE CODES AND STANDARDS UNDERMINES THE CRITICAL SAFETY PROTOCOLS INTENDED TO PREVENT TRAGEDIES, SAFEGUARD ASSETS, AND SECURE THE ONGOING, ONGOING VIABILITY OF THE HOTEL BUSINESS AS WELL AS THE SAFETY, SAFETY OF THE GUEST.

AND THAT, UH, CONCLUDES MY PRESENTATION.

I'LL TURN IT OVER TO LIEUTENANT MOORE IF HE HAS ANY ADDITIONAL ITEMS TO ADD REGARDING THE FIRE INSPECTION ITEMS. GOOD EVENING.

MY NAME'S LIEUTENANT KEITH MOORE, AND, UH, I TOOK OVER THE PROPERTY SEQUENCE TEST BACK IN 2023.

UH, I FIRST DOCUMENTED ALL THE DEFICIENCIES THAT ARE LISTED IN THE REPORT THAT YOU'VE BEEN PROVIDED, AND, UH, IF YOU NOTICE IN MY NEXT YEAR'S REPORT, I STATE THAT THIS REPORT MAY SEEM SIMILAR TO THE PREVIOUS YEAR BECAUSE ALL THE DEFICIENCIES STILL EXISTED.

THAT'S BEEN MY EXPERIENCE THROUGHOUT DEALING WITH THIS PROPERTY, THAT THERE'S BEEN LITTLE TO NO EFFORT AND TO BE MADE TO CORRECT THESE.

THANK YOU BOTH VIA YOUR TESTIMONY.

OFFICER VAN CLEVELAND, LIEUTENANT MOORE.

UH, CUT.

UM, WITH THAT PASSING TO JAMES EWIN, 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 SUBSTANDARD, UH, WITH UNSAFE AND DANGEROUS CONDITIONS.

STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT

[02:15:01]

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 30 DAYS FROM THE DATE THE ORDER IS MAILED.

A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS PERTAINING TO ONE B.

B, CORRECT ALL VIOLATIONS CITED TO THE FIRE PROTECTION AND LIFE SAFETY SYSTEMS OF THE COMMERCIAL HOTEL MOTEL STRUCTURE AND PARKING GARAGE.

AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS BY PERFORMING ALL OVERDUE INSPECTIONS ON FIRE PROTECTION AND LIFE SAFETY SYSTEMS, AND CORRECTING ALL DEFICIENCIES IDENTIFIED ON YELLOW AND RED TAGS.

C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 31ST DAY.

IF COMPLIANCE WITH ONE A ONE B AND ONE C 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.

THREE, WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.

A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS PERTAINING TO THREE C.

UM, B, OBTAIN AND PROVIDE A WRITTEN STRUCTURAL ENGINEERING REPORT TO THE COMMISSION'S COORDINATOR PREPARED BY AN ENGINEER LICENSED BY THE CITY, UH, BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS, THAT THROUGH AN ONSITE INSPECTION, EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE PARKING GARAGE AND IDENTIFIES ANY REPAIRS NECESSARY TO CORRECT ANY STRUCTURAL DEFICIENCIES FOUND DURING INSPECTION.

COMPLETE ANY AND ALL REPAIRS IDENTIFIED IN THE ENGINEER'S REPORT AND CORRECT ALL VIOLATIONS CITED TO THE PARKING GARAGE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND SANS COMMISSION OF THE CITY OF AUSTIN, TEXAS, UH, D REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH THREE A, THREE B AND THREE C AND FOUR ON THE 91ST DAY OF COMPLIANCE WITH THREE A, THREE B, THREE C, AND 3D 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.

NOW WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.

THANK YOU VERY MUCH.

WITH THAT, I WILL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO OH, AND THEN PASS IT TO THE PROPERTY OWNER'S REPRESENTATIVE IS MR. TODD PETTY, IS THAT CORRECT? UH, YOU MAY BEGIN YOUR TESTIMONY.

I DO SEE HERE THAT WE HAVE, UH, EXHIBITS FROM Y'ALL.

UM, SO I'LL GO AHEAD AND ALSO ADMIT THE PROPERTY OWNER EXHIBITS.

AND WITH THAT YOU MAY BEGIN YOUR TESTIMONY.

YES, MA'AM.

MY NAME'S TODD PETTY.

I'M THE GENERAL MANAGER OF THE HOLIDAY INN, AUSTIN TOWN LAKE.

I'VE BEEN THE GENERAL MANAGER THERE FOR SIX YEARS.

I'VE BEEN WITH THE PROPERTY FOR A TOTAL OF 15 YEARS.

UM, I WANTED TO, UH, UH, ADDRESS SOME OF THE WORK THAT WE HAVE DONE, UM, IN THE PAST.

THE THE MOST RECENT, UM, ATTEMPTED SEQUENCE TEST WAS, I BELIEVE, ON THE 13TH OF THIS, OF, UH, JUNE OF THIS YEAR, AND NOTED THAT NO PROGRESS WAS MADE, UH, BASED ON THE PRIVATE TREATUS SEQUENCE TESTING.

UM, WE LET OUT A CONTRACT FOR, UH, THOSE REPAIRS.

AND THOSE REPAIRS WERE ACTUALLY DONE.

UM, I, ONE OF THE, DOWN HERE, LEMME PUT THIS EXHIBIT HERE.

OKAY, THAT'S WATER.

I CAN'T READ THAT FROM HERE.

UH, IS MR. PETTY ABLE TO ACCESS THE DOCUMENTS ON HIS I HAVE, I HAVE THE DOCUMENT IN FRONT OF ME.

UM, IT, SO THE FIR THE FIRST SLIDE SHOULD, UH, NOTE THAT, UH, AS OF THIS, UH, LAST WEEK, UH, THE, THE SYSTEM HAD BEEN UPDATED.

I THINK THERE WAS A, THERE WAS A DISCONNECT BETWEEN WHAT THE WORK HAD BEEN DONE AND WHAT WAS BEING SEEN BY THE FIRE DEPARTMENT.

UM, I NOTED AN EMAIL GOING BACK THIS WAY.

THAT'S THE ONE I WANT RIGHT THERE.

I DON'T KNOW THE EMAIL, BUT, BUT BETWEEN MY, UH, MY CONTRACTOR PRIMARY FIRE, IT'S NOT THE SAME ON THIS ONE.

[02:20:03]

IT WAS PAGE NUMBER DIFFERENT.

UH, TH THIS IS A, AN EXCHANGE BETWEEN, UH, LIEUTENANT MOORE AND, I'M SORRY, CHIEF MOORE AND THE, UH, MY PRIMARY FIRE COMPANY THAT WE WORK WITH INDICATING THAT THERE WAS A DISCREPANCY BETWEEN WHAT WAS ACTUALLY DONE AND REPORTED THEY THOUGHT AND WHAT WAS ACTUALLY SEEN BY THE FIRE DEPARTMENT.

UH, THERE WAS ALSO AN ISSUE.

UH, SO MY POINT IS THAT THE WORK HAD BEEN DONE.

THE, UH, THE WORK THAT WAS, UH, UNCOVERED IN THE 20 2023 SEQUENCE TEST.

THERE'S ALSO AN ISSUE OF, OF PAYMENT.

THE, THE FEE WASN'T PAID.

UNFORTUNATELY, WE SENT THAT CHECK TO THE WRONG LOCATION.

I'VE SINCE REMEDIED THAT AND THAT THAT FEE HAS BEEN PAID.

AND WE'VE SCHEDULED A SUBSEQUENT SEQUENCE TEST, I BELIEVE THE 25TH ON FRIDAY.

UH, SO WE ALSO HAD A, UH, AN INDEPENDENT, WELL PRIMARY DID AN INSPECTION ON THE 23RD OF THIS MONTH AND GAVE US A REPORT THAT IS NOW, I BELIEVE, IN THE COMPLIANCE ENGINE.

UH, WE WILL USE THAT REPORT, UH, AS WELL AS ANYTHING THAT'S UNCOVERED BY THE SEQUENCE TEST TO, UH, PUT A WORK ORDER TOGETHER TO REMEDY ALL OF THOSE ISSUES.

SO OUR INTENTION IS TO REMEDY ALL THE ISSUES WITH THE FIRE SYSTEM.

UH, I THINK THERE WAS PERHAPS MISCOMMUNICATION.

OF COURSE, WE SENT A CHECK TO THE WRONG LOCATION.

THOSE ISSUES HAVE BEEN SOLVED AND, UH, SO WE FEEL CONFIDENT THAT WITHIN THAT 30 DAY TIMEFRAME, THEN WE WILL BE ABLE, OR THE TIMEFRAME THAT WAS GIVEN, WE WILL BE ABLE TO SOLVE THE ISSUES AND REPAIR THE SYSTEM TO WORKING ORDER.

THE, THE SYSTEM CURRENTLY IS IN NORMAL STATE WITH THE EXCEPTION OF ONE TROUBLE, WHICH IS A RESULT OF A SMOKE DETECTOR WHERE WE CHANGE THE SENSITIVITY TO, UM, TO, TO KEEP IT FROM GOING OFF AND SUMMONING THE FIRE DEPARTMENT.

UM, IN, IN REGARD TO, UH, OUR GARAGE, UH, THAT THE FIRST REPORT WE GOT ON IT WAS AUGUST 24.

WE CONTRACTED WITH A, UM, A COMPANY, UH, AN ENGINEERING COMPANY IN SEPTEMBER.

UH, THEY CAME OUT AND DID THE SAME KIND OF STUDY, I BELIEVE THAT YOU REFERENCED.

UH, THEY, THE FIRST THING THAT THEY, UH, THEIR FIRST OBSTACLE WAS NO PLANS SEEMED TO EXIST FOR THIS GARAGE.

WE'VE SEARCHED OUR RECORDS.

UH, WE HAVE A LARGE NUMBER OF PLANS ON, ON PROPERTY, AND WE DID NOT FIND THEM.

UH, WE WENT TO THE CITY.

THE CITY DID NOT HAVE THESE PLANS.

THE ENGINEER ALSO WENT TO THE CITY.

THE CITY DID NOT HAVE THOSE PLANS.

SO THEY DID BASICALLY HAVE VISUAL INSPECTION.

UH, AND AS A RESULT OF THAT VISUAL INSPECTION, THEY, UH, DETERMINED THAT THE SOURCE OF THE CORROSION WAS COMING FROM THE SWIMMING POOL.

WE HAVE A SWIMMING POOL ON OUR SIXTH FLOOR UPPER DECK AND, UH, SPLASH WATER OUT OF THAT POOL OVER TIME.

THE STRUCTURE WAS BUILT IN 1984.

UH, SO THE CHLORINE WATER FROM THE POOL HAD DRIPPED DOWN AND SEEPED THROUGH THE STRUCTURE AND MADE THOSE, UH, CROWED THE CONCRETE.

THEIR NEXT STEP FOR US IS TO, UM, DO DESTRUCTIVE TESTING ON THE CONCRETE TO DETERMINE THE COMPOSITION OF THE CONCRETE.

I'M NOT AN ENGINEER, SO I CAN'T EXPLAIN IT IN, IN GREAT DETAIL, BUT THAT IS OUR NEXT STEP.

MY POINT BEING THAT WE HAVE, UH, CONTRACTED WITH A, AN ENGINEERING FIRM.

THEY HAVE MADE PROGRESS ON IT.

THERE WERE ISSUES WITH OUR POOL AREA.

AND SO WE HAVE SOLVED THOSE ISSUES.

WE'VE SPENT A SIGNIFICANT AMOUNT OF MONEY TO MAKE SURE THAT WHEN WE DO DO THE REPAIRS, THERE WON'T BE ANY MORE, UM, OVERFLOW FROM THE POOL THAT WILL AFFECT, UH, THE CONCRETE ONCE IT IS REPAIRED.

THANK YOU FOR THAT TESTIMONY.

WITH THAT, I BELIEVE I ALREADY ADMITTED YOUR EXHIBITS, SO I BELIEVE I WILL PASS IT TO MY FELLOW COMMISSIONERS TO ASK ANY QUESTIONS OF EITHER CITY STAFF OR THE PROPERTY OWNER'S REPRESENTATIVE.

UH, COMMISSIONER MUSGROVE, YOU INDICATED YOU COULD RESOLVE THE, THE FIRE DEPARTMENT ISSUES WITHIN THE 30 DAYS.

HOW LONG DO YOU EXPECT TO IT TO TAKE TO RESOLVE THE STRUCTURAL ISSUES? WHAT'S YOUR ENGINEER TELLING YOU? AGAIN, I'M NOT AN ENGINEER, SO I CAN'T TELL YOU HOW LONG, WHAT'S, WHAT'S HE TELLING YOU? THEY, THEY'RE TELLING US THAT WE'LL HAVE THE TESTING DONE WITHIN 30 DAYS.

THE ACTUAL WORK WILL HAVE TO BE DURAMED AND LAID OUT, AND THEN WHEN THEY GIVE US THAT, WE'LL APPROVE THAT

[02:25:01]

AND HAVE THAT DONE.

UH, I, I THINK 30 DAYS IS A PRETTY TIGHT TIMELINE FOR THAT TYPE OF WORK.

I, I SEE IN YOUR PACKAGE DRAWING BY THAT SAME ENGINEERING FIRM YES.

M LAW.

SO THEY'VE ALREADY GENERATED SOME DRAWINGS.

THEY'VE ALREADY GENERATED SOME DRAWINGS, YEAH.

SO HAVE THEY NOT GIVING YOU AN INITIAL INDICATION OF THE, THE TRUE CONDITION OF THE PROPERTY? IS IT SAFE, IS IT DANGEROUS? THEY HAVE TOLD US THAT IT IS SAFE.

THEY HAVE TOLD US THAT THERE IS NO IMMINENT, UH, DANGER OF COLLAPSE.

THAT WAS ONE OF MY FIRST QUESTIONS.

UH, THE AREA OR THE AREA AROUND THE POOL WAS, UM, UNSEALED AND SO THERE WAS A LOT OF WATER COMING THROUGH THERE OVER TIME, AND THAT'S WHAT CAUSED THE DAMAGE.

UH, BUT THEY HAVE NOT GIVEN US A TIMEFRAME OF WHEN THE ACTUAL REPAIR WILL TAKE PLACE.

IF, IF I CAN, UH, FOLLOW UP ON THAT WITH, UM, INSPECTOR VAN CLEVE, UH, DO YOU, DO YOU AGREE WITH THEIR ASSESSMENT THAT THERE'S NOT A, AN IMMINENT DANGER OF COLLAPSE? I, I MEAN, I UNDERSTAND THAT YOU'RE NOT A, A STRUCTURAL ENGINEER, BUT DO YOU, DO YOU AGREE WITH THAT ASSESSMENT? YES, I, I DO AGREE WITH THAT ASSESSMENT.

AND ALSO, I, I WANT TO CLARIFY.

I THINK ON THE ORDER WE WERE ASKING THEM, GIVING THEM 90 DAYS, UH, TO SUBMIT THAT ENGINEERING REPORT AND THEN OBTAIN ANY PERMITS BASED OFF OF THAT RECOMMENDATION FROM THE ENGINEER.

UM, BUT THERE'S WHAT, WHAT WE'VE SEEN DURING OUR INSPECTION, UH, IS THE, THE CONCERN.

IT'S NOT AN IMMEDIATE DANGER OF COLLAPSE OR ANYTHING TO THAT EXTENT, BUT WE SEE SIGNIFICANT CORROSION, WE SEE SIGNIFICANT CONCRETE SPAWN, WE SEE SIGNIFICANT, UM, EXPOSURE OF THE, UM, OF THE FLANGE CONNECTORS, UH, AND, AND THE, AND THE OTHER WIRES THAT ARE LIKE A POST, UH, TENSION BEAMS. UH, SO THAT'S OUR CONCERN IS IF IT'S, IF IT GOES UNADDRESSED AND IT COULD BE A BIGGER PROBLEM IN THE FUTURE.

AND, UM, AND ALSO WE WOULD LIKE TO SEE, UH, THE WORK THAT WAS DONE THAT INCLUDED IN THE PERMIT, BECAUSE THERE'S OBVIOUSLY WORK THAT WAS DONE WITH WITHOUT A PERMIT AS YOU SAW IN THE, THE ONE PHOTO WITH THE NEW BEAMS AND THE SADDLE PLATES.

YOU, YOU, YOUR, ONE OF YOUR PHOTOGRAPHS SHOWED SPING CONCRETE FALLING ON THE GROUND THROUGH THE DRIVEWAY.

THAT'S WHY.

SO THAT COULD EASILY FALL ON SOMEBODY OR, YES.

OR IN A CAR COULD HIT A WINDSHIELD.

UH, SO IT IS A HAZARD.

UM, CLARIFICATION.

CAN I ASK JUST TWO QUESTIONS OF THE, WELL, I JUST ONE QUESTION OF THE PROPERTY OWNER, AND I SEE THAT YOU MAY ALSO WANT TO SAY SOMETHING YOURSELF.

UM, IN, IN REGARDS TO WHAT, UH, INSPECTOR VAN CLEVE JUST SAID, UM, THERE WERE, UH, SPECIFIC INSTANCES IN THE EXHIBITS THAT WE WERE SHOWN OF A COUPLE OF REPAIRS THAT WERE MADE WITHOUT PERMITS.

UM, OR HA HA HAVE YOU DONE ANYTHING TO ADDRESS THE PERMITTING SITUATION FOR THAT OR TRY TO, UM, UH, OR ARE YOU AWARE OF THAT PARTICULAR ISSUE? THOSE REPAIRS ARE, I'VE BEEN THERE A WHILE.

THOSE REPAIRS ARE PROBABLY SIX OR SEVEN YEARS OLD.

UH, SO I WASN'T INVOLVED IN THOSE IN, IN, IN THOSE OTHER THAN OBSERVING THEM WHEN THEY WERE BEING REPAIRED.

UM, AND YEAH, IS THERE ANY OTHER, UH, TESTIMONY FROM, OR ANY OTHER QUESTIONS FROM COMMISSIONERS? JUST YEAH, JUST TO CLARIFY THIS A LITTLE BIT FURTHER, UM, STAFF'S RECOMMENDATION IS 30 DAYS FOR, UM, THE FIRE PROTECTION VIOLATIONS AND 90 DAYS FOR THE GARAGE REPAIRS, CORRECT? YES.

YES, THAT'S CORRECT.

AND VICE CHAIR, JUST A FOLLOW UP.

UH, YES, COMMISSIONER TOM MONDOVI AND IN THE 90 DAYS IT'S NOT FINISHED, THE GARAGE REPAIRS, OBVIOUSLY, I THINK THAT'S A LITTLE OUT OF REACH.

IT'S TO GET THE ENGINEERING REPORTS SUBMITTED IN THE PLAN TO THE CITY ABOUT WHAT THOSE REPAIRS ARE GONNA LOOK LIKE.

IS THAT, IS THAT WHAT THE ORDER STATES? YES, THEY NEED TO, THEY NEED THE ENGINEER REPORT TO FIND OUT WHAT THEY NEED TO DO.

I JUST CAN'T GO IN THERE.

AND, UM, IF THEY DON'T KNOW WHAT THE ISSUES ARE OF THE EXTENT TO THE REPAIRS, UH, ANOTHER THING TO TAKE, TAKE INTO CONSIDERATION ON THESE COMMERCIAL PROPERTIES, ANY TYPE OF ALTERATIONS OR REPAIRS, YOU GOTTA DO A SITE PLAN, UH, APPROVAL FIRST.

SO THAT COULD TAKE A LITTLE BIT OF TIME BEFORE YOU CAN GET THE PERMIT.

IDENTIFIED IN THE ENGINEER'S REPORT.

THE ORDER, UH, IF I COULD JUST CLARIFY FOR COMMISSIONER TOM LOVICH, UM, I DO BELIEVE WITHIN THREE C IT ALSO DOES SPECIFY COMPLETE ANY AND ALL REPAIRS

[02:30:01]

SO I BELIEVE THIS IS NOT ONLY TO OBTAIN THE ENGINEERING REPORT, BUT ALSO TO COMPLETE THE REPAIRS WITHIN THAT 90 DAYS.

THAT BEING SAID, UM, I KNOW IN THE PAST WE'VE DISCUSSED THIS, BUT I CAN'T QUITE RECALL AND PERHAPS A DIVISION MANAGER MOORE COULD SPEAK TO THIS.

UM, IF WE HAVE A PROPERTY THAT IS COMING INTO COMPLIANCE, IT GETS STARTED, SUBSTANTIAL REPAIRS, IT'S GOTTEN THE PERMITTING DO, DO THE FINES KICK IN IMMEDIATELY IF THEY ARE LIKE IN THAT PERMITTING PROCESS IN THAT, UM, I, I'M JUST TRYING TO REMEMBER IF, UH, THE FINES KICK IN AS SOON AS THE 90 DAYS PASSES, IF THEY HAVEN'T FULLY REPAIRED OR IF THERE IS SOME LEEWAY FOR THE PERMITTING PROCESS? YES.

IF ALL THE VIOLATIONS AREN'T CORRECTED, DOESN'T MATTER WHERE THERE ARE IN THE PROCESS, THE PENALTIES BEGIN TO ACCRUE.

I'M GLAD YOU SAID THAT.

UM, COMMISSIONER FRANCIS, I'M A LITTLE CONFUSED ON THE WORDING HERE AS WELL.

'CAUSE YOU'RE ASKING FOR ALL OF THESE ITEMS TO MY INTERPRETATION IS WITHIN 90 DAYS, IS THAT WHAT YOU'RE SAYING? 'CAUSE IT SAYS WITHIN 90 AND THEN YOU THEN LIST THEM ALL OFF.

SO HOW COULD YES, IT'S ALL WITHIN 90.

PHYSICALLY ACCOMPLISH THAT, UM, GET THE REPORT, DO THE REPAIRS, EVERYTHING, IF I MAY PERMITTING THROUGH THE CITY, THAT'S ALL REASONABLE.

UH, LET'S PASS IT TO, UM, INSPECTOR VAN CLEVE.

I THINK HE'S WANTED TO STICK ON THAT AGAIN.

UM, YEAH, POSSIBLY WE MIGHT EITHER REVISE THE FEE TIMELINES BECAUSE YOU DO NEED THE ENGINEERING REPORT TO FIND OUT WHAT YOU NEED TO DO, AND THEN THAT'S WHEN YOU NEED TO PUT IN, UH, A PERMANENT APPLICATION AND SITE PLAN APPROVAL.

UM, YOU KNOW, WHICH YOU CAN TAKE ANOTHER, YOU KNOW, 30 TO 60 DAYS POSSIBLY.

LOGISTICALLY IT DOESN'T SEEM POSSIBLE.

HOW, HOW CAN YOU GET THE REPORT IN 90 DAYS AND THEN GET ALL THE REPAIRS? GET HOW I'M MISSING SOMETHING? YEAH, THAT'S WHAT I'M SAYING IS I THINK THAT AT THAT, THAT NEEDS TO BE REVISED TO SAY, YOU KNOW, ONCE THE REPORT IS SUBMITTED, THEN AN ADDITIONAL TIME TO SUBMIT THE PERMIT, OBTAIN THE PERMIT.

IF I CAN JUST ADD SOMETHING.

UM, I DO BELIEVE THAT THIS ORDER, I I, I DON'T THINK THAT WE'VE NECESSARILY INTERPRETED THIS AS THE AMOUNT OF TIME THAT'S REASONABLE FOR THEM TO ACTUALLY COMPLETE ALL OF THE REPAIRS, BUT RATHER AS THE TIME AT WHICH THE PENALTIES KICK IN.

SO I, I, I THINK THAT THAT SHOULD BE THE NEXUS OF THE QUESTIONING IS WHETHER WE A WANT TO GIVE THEM ADDITIONAL TIME AFTER THE ENGINEERING REPORT COMES IN, WOULD BE AFTER OR WHEN WE WANT PENALTIES TO ACTUALLY KICK IN.

UM, THAT BEING SAID, MS. HERRERA HAS SOMETHING TO OFFER.

YES, MADAM CHAIR? YES.

CHAIR.

IF I'M, OH, UM, I'LL PASS IT TO, UH, HOW ABOUT I'LL PASS IT TO YOU AND THEN TO MS. HERRERA? YEAH, I'M CO SUPERVISOR MICHAEL DIAL OVER THE LICENSE REGISTRATION DIVISION.

UM, THE ORDER IS, UH, AS IT WAS INTENDED, I REVIEWED EARLIER TODAY.

UM, IT IS UP TO THE COMMISSION IF THEY WANNA MAKE AN EDIT TO THAT.

UM, BUT, UM, WE HAVE WORKED WITH THE, THE, UH, HOTEL TO GET SOME SORT OF MOVEMENT BEFORE COMING TO THE COMMISSION.

AND WE ARE ASKING FOR AN ORDER TO MAKE REPAIRS, UM, MAKE FURTHER ASSESSMENTS BEYOND WHAT'S ALREADY OBSERVED.

THAT IS A VIOLATION AND WHAT'S ALREADY BEEN OBSERVED BY AN ENGINEER, UM, PREVIOUSLY.

SO THE ENGINEER'S REPORT IS IF THERE'S ANY FURTHER DAMAGE BEYOND WHAT HAS ALREADY BEEN IDENTIFIED FROM INSPECTOR VAN CLEVE OR THE PREVIOUS ENGINEER, THOSE VIOLATIONS WOULD NEED TO BE RE RE REPAIRED.

BUT AGAIN, AS I MENTIONED IT, IT IS A, THE COMMISSION TO, IF YOU CHOOSE TO MAKE AN EDIT TO THE TIMELINE.

SO IF, IF I'M UNDERSTANDING WHAT YOU JUST SAID CORRECTLY, UM, OUR CURRENT ORDER SAYS THEY HAVE 90 DAYS TO FIX THE ISSUES THAT ARE CURRENTLY IN PLACE, AND THEN IN ADDITION, BASED ON THE CURRENT ORDER, THEY WOULD HAVE 90 DAYS TO REPAIR 90 DAYS FROM THE DATE THE ORDER IS MAILED TO REPAIR ANYTHING THAT IS INCLUDED IN THAT ENGINEERING REPORT.

IS THAT CORRECT? THAT, THAT IS CORRECT.

WE DON'T KNOW WHAT THE ENGINEER REPORT MIGHT SHOW.

IT MIGHT SHOW NOTHING IN ADDITION, BUT IT MIGHT JUST CONFIRM WHAT WE'VE ALREADY CITED.

THAT'S UNDERSTANDABLE.

UM, MS. HERRERA, IF YOU HAD SOMETHING NOW FOR YEAH, WELL, SURE.

ACTUALLY I JUST WANTED TO INTERJECT AND SAY, I THINK WE'RE KIND OF GETTING INTO TOPICS THAT ARE BEST RESERVED FOR DISCUSSION.

THAT IS A GOOD POINT.

SO PERHAPS WE SHOULD CLOSE THE PUBLIC HEARING AND THEN RESUME THIS CONVERSATION.

A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING, MOVE TO CLOSE THE PUBLIC HEARING.

I, I WOULD WELCOME

[02:35:01]

UH, THAT IS, UM, I, I WILL BRING IT BACK TO YOU ONCE WE DO CLOSE THE PUBLIC PORTION OF THE HEARING, JUST BECAUSE THAT'S A LITTLE BIT MORE OPPORTUNITY FOR BACK AND FORTH.

THIS PERIOD IS TYPICALLY FOR US TO ASK YOU QUESTIONS.

UM, SO, UH, YES, THAT IS A MOTION FROM, UH, COMMISSIONER IBARRA.

IS THERE A SECOND? SECOND.

COMMISSIONER MU GROVE OF SECONDS.

UM, ALL THOSE IN FAVOR SAY AYE.

ALL THOSE OPPOSED SAY NAY HEARING SEVEN A'S AND NO NAYS, THE MOTION PASSES.

THE PUBLIC PORTION OF THE HEARING IS NOW OVER.

UM, YOU MAY STAY UP, UH, BECAUSE WE MIGHT HAVE MORE DISCUSSION TO HAVE, AND I, I WILL JUST PASS IT TO YOU SINCE YOU SEEM TO HAVE A QUESTION AND I, I WANNA HEAR IT.

WELL, I, I HAVE A QUESTION.

UH, RIGHT NOW WE'RE ON AN ADMINISTRATIVE HOLD AND I WANTED TO FIND OUT WHAT THE, UH, WHAT THE CRITERIA WAS OR WHAT, WHAT, WHAT POINT IN THIS PROCESS, UH, WE WOULD BE ABLE TO, YOU KNOW, GET OFF OF ADMINISTRATIVE HOLD, UM, THE ADMINISTRATIVE HOLD.

UM, I'M NOT SURE IF THAT'S, UH, DO YOU HAVE MORE TO OFFER ON THAT? YEAH, I THINK MAYBE I CAN CLARIFY ON THAT.

THE FIRE DEPARTMENT WILL PLACE AN ADMIN HOLD ON A PROPERTY FOR NON-COMPLIANCE WITH FIRE PROTECTION SYSTEMS AND THE REQUIRED INSPECTIONS.

I PLACE THAT ADMIN HOLD ON THE RECORD OF THIS PROPERTY.

AND WHAT THAT DOES IS PROHIBIT THEM FROM GETTING INSPECTIONS DONE ON ANY CONSTRUCTION RELATED PROJECTS UNTIL THEY BECOME COMPLIANT ON THE FIRE PROTECTION SYSTEMS. MM-HMM .

UH, IN THE PAST WE'VE WORKED WITH CUSTOMERS TO ALLOW THEM TO DO SPECIFIC PROJECTS, BUT IT TAKES COMMUNICATION WITH OUR SCHEDULING OFFICE TO GET THAT ACCOMPLISHED.

DOES THAT ANSWER YOUR QUESTION? YES.

AND WITH THAT, AGAIN, WE'VE EXITED THE PUBLIC PORTION OF THE HEARING.

I WOULD JUST WELCOME A MOTION ON THE TABLE BEFORE WE DISCUSS FURTHER COMMISSIONER FRANCIS MOVE TO ADOPT STAFF'S PROPOSED FINDINGS, THE FACT, CONCLUSION OF LAW TO ORDER THE OWNER TO COMPLETE AS STATED.

UH, SO THAT'S THE RECOMMENDED ORDER.

SECOND, IS THERE A SECOND? THAT'S A SECOND FROM COMMISSIONER LOCK WHITE.

UM, THANK YOU VERY MUCH.

WE WILL NOW MOVE INTO DISCUSSION OF THIS MOTION.

UH, COMMISSIONER FRANCIS, YOU MAY BEGIN.

I'M STILL A LITTLE CONFUSED.

UH, YOUR MIC'S OFF.

SORRY.

IT SEEMED LIKE, AS YOU STATED, MAYBE THERE NEEDS TO BE SOME MOVEMENT IN THERE THAT CAN YOU MAKE A RECOMMENDATION ON THAT? WELL, I, I THINK WHAT SUPERVISOR DA WAS SAYING IS TO CORRECT THE DEFICIENCIES THAT WE KIND OF ALREADY NOTED IN THE PICTURES YOU JUST SAW AND THEN, UH, WITHIN THE, UM, 90 DAYS AND THEN IF, UM, BASED OFF OF THE ENGINEERING STUDY, IF THERE'S ADDITIONAL ITEMS AND PROCEED WITH THAT.

AND SO THOSE WOULD COME AFTER.

UH, YES, SIR.

THEY SHOULD BE ABLE TO EVALUATE AND MAKE REPAIRS WITHIN A 90 DAY PERIOD.

IF I CAN MAKE A RECOMMENDATION PERHAPS AS HOW TO, UM, AMEND THE ORDER TO, WHAT I THINK WOULD BE, WOULD BE SLIGHTLY BETTER FOR YOUR INTENT HERE, PERHAPS.

UM, AGAIN, MY UNDERSTANDING OF 0.3 IS THAT IT REQUIRES BOTH THE CURRENTLY CITED VIOLATIONS AND ANY PROBLEMS DISCOVERED BY THE ENGINEERING REPORT TO BE COMPLETED WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.

SO WHAT I THINK MIGHT BETTER CONFORM TO WHAT YOU'RE SAYING IS IF WE INSTEAD HAD, UM, ESSENTIALLY DIVIDED THIS POINT INTO TWO AND SAY, UM, WE HAVE A OBTAIN AND FINALIZE ALL NECESSARY PERMITS PERTAINING TO THE CITED VIOLATIONS, AND THEN COMPLETE ANY AND ALL REPAIRED, UH, REPAIRS, IDENTIFIED, UH, ALL OF THE CITED VIOLATIONS WITHIN 90 DAYS, AND THEN REQUEST INSPECTION FOR THAT.

AND THEN IN ADDITION, WE HAVE PERHAPS A FOURTH OR FIFTH POINT SAYING THAT THEY HAVE TO PREVENT, UH, OBTAIN THE STRUCTURAL ENGINEERING REPORT AND THEN 90 DAYS FROM RECEIPT OF THAT REPORT, PERHAPS THAT THEY HAVE TO REPAIR ANYTHING THAT IS DISCOVERED BY THAT REPORT.

YEAH, I, I, DOES THAT MAKE SENSE? I'M, I'M AFRAID YOU RUN INTO A, A CONDITION WHERE SOMEBODY'S GONNA DRAG THEIR FEET AND YOU, YOU'RE NOT GONNA GET THAT REPORT OUT WHEN YOU'D LIKE TO HAVE IT.

FRANKLY, THE 90 DAYS SHOULD BE ENOUGH TIME TO GET ALL THIS DONE.

[02:40:01]

UM, PERSPECTIVE.

UH, I, I, I, I, I THINK THAT'S UNDERSTANDABLE.

UM, YEAH, I, I THINK THAT THE QUESTION IS, IS KIND OF WHETHER WE WANT TO OFFER THEM ADDITIONAL TIME TO REPAIR ANYTHING THAT'S, UH, DISCOVERED BY THAT STRUCTURAL ENGINEERING REPORT, OR WHETHER WE THINK THAT THE 90 DAYS IS SUFFICIENT.

AND AGAIN, IT'S NOT NECESSARILY THAT WE EXPECT THEM TO FINISH EVERYTHING WITHIN 90 DAYS, BUT RATHER THAT IS THE POINT AT WHICH, UH, PENALTIES START TO ASSESS.

SO I, I THINK THAT THAT'S KIND OF HOW WE SHOULD BE THINKING ABOUT IT.

VICE CHAIR QUESTION? UH, YES, COMMISSIONER TVI, UM, YOU KNOW, WE, IN THE PAST WE'VE SEEN, AND I'M JUST NOT SURE EXACTLY HOW THIS EXACT PROCEDURE WORKS.

UH, FOLKS COME IN, UH, WHO HAVE BEEN ASSESSED FINES AND THEY ASK FOR A REDUCTION BECAUSE THEY'VE COMPLETED THE WORK.

WE TEND TO DO THAT.

IS THAT ALLOWED FOR COMMERCIAL PROPERTIES LIKE THIS, OR IS THERE, IS, IS THAT PENALTY IF IT DOES ACCRUE JUST COMPLETELY SET IN STONE? WE, SO WE DO, I MEAN, WE DO, WE DO, UH, PLENTY OF PENALTY REDUCTION CASES FOR COMMERCIAL PROPERTIES.

UM, THE, THE THINGS THAT ARE TYPICALLY RESTRICTED FOR RESIDENTIAL PROPERTIES ARE THINGS LIKE THE, THE OFFSET.

BUT, BUT YEAH, WE, WE DO, UM, PENALTY REDUCTION FOR COMMERCIAL PROPERTIES.

UH, SO IF PENALTIES ARE ASSESSED, MY UNDERSTANDING WOULD BE THAT THEY WOULD BE ABLE TO EVENTUALLY COME IN AND, UH, REQUEST A REDUCTION.

AT WHICH POINT IT WOULD BE UP TO OUR DISCUSSION SOMEWHAT.

BUT, UM, YES, IS THERE.

ANY OTHER DISCUSSION ON THIS FROM COMMISSIONERS? HEARING NONE AND SEEING NONE, UM, I BELIEVE WE'LL MOVE INTO A ROLL CALL VOTE ON THE MATTER.

ALRIGHT.

UM, COMMISSIONER IBARRA.

COMMISSIONER LALOW? AYE.

COMMISSIONER GILGO? AYE.

COMMISSIONER MUSGROVE? AYE.

AND THE VICE CHAIR ALSO VOTES, AYE.

WITH THAT THE MOTION IS PASSED, THE RECOMMENDED ORDER WILL BE ISSUED, AND THAT WILL BE MAILED TO THE PROPERTY OWNER.

AGENDA ITEM, WHICH IS AGENDA ITEM NUMBER SEVEN.

WITH THAT, I BELIEVE WE WILL MOVE ON TO THE NEXT

[7. Case Number: CL 2023-039406]

YES, THAT IS A GOOD POINT.

YEAH, I THINK WE, ITEM NUMBER SEVEN ON THE AGENDA, UH, IS A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 25 0 3 EAST RF STREET.

THE CASE NUMBER IS CL 2023 DASH OH 3 9 4 0 6.

THE BUILDING AND STANDARDS COMMISSION ISSUED AN ORDER FOR REPAIR OF THIS PROPERTY IN ITS MAY, 2023, REGULAR 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 TEAL GREEN BOOKS IN YOUR READERS OR GOOGLE AND GOOGLE DRIVE FOLDER.

HERE ARE SOME FACTS ABOUT THIS CASE.

THIS PROPERTY IS REGISTERED WITH THE CITY OF AUSTIN'S REPEAT OFFENDER PROGRAM.

AN ORDER WAS ISSUED IN THIS, IN THE CASE FOR REPAIR WITHIN 45 DAYS, WITH A CIVIL PENALTY OF $1,000 PER WEEK BEGINNING ON THE 46TH DAY.

IF COMPLIANCE WAS NOT ACHIEVED, THE TOTAL CIVIL PENALTY AS OF TODAY'S DATE IS $48,532 AND 29 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING.

THIS HAS BEEN A HIGH COMPLEXITY CASE FOR THE CITY OF AUSTIN.

UH, IN YOUR READER OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE, TWO A THROUGH TWO J THREE AND FOUR, AND EXHIBIT FIVE, WHICH INCLUDES, UH, AN UPDATED COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, UM, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTING, AND THE RECORDED, UH, BSC ORDER ISSUED.

MAY 24TH, 2023, AND CORRESPONDING PENALTY STATEMENT AND EXHIBIT SIX, WHICH CONSISTS OF, UH, PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION.

UM, I SAID IT WAS A HIGH COMPLEXITY CASE, BUT I, I'LL LET YOU CHECK WITH THE DIVISION MANAGER MORE AFTER THIS.

UM, HOW ABOUT THAT? I'M NOT SURE ABOUT THAT.

CODE INSPECTOR JASON ORTIZ IS HERE TONIGHT TO DISCUSS THE CORRECTIVE VIOLATIONS AND TIMELINE FOR COMPLIANCE AND WE'LL PRESENT SOME COMPLIANCE PHOTOS.

INSPECTOR ORTIZ, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, COMMISSIONER.

MY NAME IS JASON ORTIZ

[02:45:01]

AND I'M THE INSPECTOR ASSIGNED TO PRESENT THIS CASE.

THIS PROPERTY IN QUESTION IS A COMMERCIAL PROPERTY COMPLEX LOCATED AT 25 0 3 EAST STREET.

THIS CASE ORIGINATED ON DECEMBER 5TH, 2022, DUE A CODE COMPLAINT THAT WAS SUBMITTED TO 3 1 1 AND WAS ORIGINALLY INSPECTED BY OFFICER JOHNNY SERNA.

THIS CASE WAS ORIGINALLY PRESENTED TO THE VSE BACK IN MAY OF 23 WHEN THE ORIGINAL ORDER WAS ISSUED.

THE PROPERTY CAME INTO COMPLIANCE FOR THIS CASE IN MAY, UH, ON MAY 21ST, 2024, UH, WHEN THE MECHANICAL PERMITS RECEIVED THEIR FINAL INSPECTION.

I WILL NOW PRESENT PHOTOS OF THE VIOLATIONS IN QUESTION.

UH, THIS PHOTO HERE SHOWS, UM, UH, ELECTRICAL CON CONDUENT, UH, THAT IS IN A, NOT PROPERLY ATTACHED TO THE AC.

UH, THIS IS A CLOSEUP OF THE SAME, UH, VIOLATION.

UH, THIS IS AN ADDITIONAL PHOTO OF A, OF MORE, UH, CONDUIT THAT IS NOT PROPERLY INSTALLED.

UH, MORE PHOTOS OF ADDITIONAL CONDUIT.

UH, THIS SHOWS AN EXCESS PANEL THAT HAS, UH, BEEN REMOVED AND, UH, EXPOSED ELECTRICAL WIRES.

UH, THESE ARE PHOTOS, UH, COMPLIANCE PHOTOS, UH, FROM THE ORIGINAL DAY.

THAT'S A CON CONTEXTUAL PHOTO OF THE BUILDING.

UH, THE NUMBER OF THE BUILDING IN QUESTION.

UH, THESE ARE CLOSEUPS, UH, OF THE AC UNITS THAT ARE NOW PROPERLY CONNECTED.

UH, ADDITIONAL PHOTOS OF THE SAME CONNECTIONS.

UH, THESE ARE ADDITIONAL AC UNITS, UH, THAT ARE NOW PROPERLY CONNECTED.

SAME THING HERE.

UH, THIS IS ON THE OPPOSITE SIDE OF THE BUILDING SHOWING ADDITIONAL, UH, AC UNITS.

UH, THESE ARE, UH, AN ADDITIONAL VIEW OF, UH, OF MORE UNITS.

UH, THIS IS THE OPPOSITE ANGLE, UH, FROM THAT LAST PHOTO.

THAT CONCLUDES MY PRESENTATION HERE FOR ANY QUESTIONS.

STAFF ASK THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.

AND EXHIBIT SIX, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.

STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ORDER THE FOLLOWING AFFIRM THE CIVIL PENALTY OF $48,532 AND 29 CENTS ASSESSED FROM THE ORDER ISSUED MAY 24TH, 2023, AND RECORDED AS TRV 2 0 2 3 0 6 1 7 6 7, OR IN THE ALTERNATIVE TO IF THE CIVIL PENALTY AMOUNT OF, UH, $48,532 AND 29 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE AMENDED ORDER FROM THE ALLOW 30 DAYS 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 AMENDED ORDER IS MAILED.

IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT OF $48,532 AND 29 CENTS INTEREST TO SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND WITHOUT.

THIS CONCLUDES THIS PRESENTATION.

UH, THANK YOU FOR YOUR TESTIMONY, INSPECTOR ORTIZ.

UM, I WILL ADMIT EXHIBITS FIVE AND EXHIBIT SIX, AND WE HAVE A REPRESENTATIVE OF THE PROPERTY OWNER, A MS. LEAH BOJO.

IS THAT CORRECT? YES, MA'AM.

UH, YES.

AND I BELIEVE THAT YOU HAVE SOME EXHIBITS TO BE ADMITTED.

SO I WILL GO AHEAD AND ADMIT YOUR EXHIBITS AS WELL.

AND IF YOU HAVE ANY QUESTIONS OF, UH, CITY STAFF BEFORE YOU BEGIN, YOU MAY ASK THOSE NOW.

UM, OTHERWISE YOU MAY BEGIN YOUR AFFIRMATIVE TESTIMONY.

THANK YOU SO MUCH.

I'M LEAH BOJO WITH RENER GROUP HERE BEFORE YOU AGAIN.

I WAS, I WAS WITH YOU LAST MONTH AT THE VERY END OF YOUR MEETING.

I'M SURE YOU ALL MAYBE LITERALLY REMEMBER, UM, THAT WAS A TOUGH MEETING AND I APPRECIATE I'LL, I'LL, I'LL BE RESPECTFUL OF YOUR TIME, BUT I APPRECIATE YOU LETTING ME COME BACK BEFORE YOU.

UM, I, I'M NOT GONNA GO THROUGH ALL MY SLIDES AGAIN, BUT I, THERE ARE A COUPLE OF PIECES OF INFORMATION THAT I WANTED TO ADD TO THE PRESENTATION, SO I WILL TOUCH ON THOSE.

UM, AND, AND THEN I KIND OF WANTED TO, TO MAYBE MAKE A COUPLE ADDITIONAL POINTS.

UM, SO AS Y'ALL CAN SEE IN YOUR BACKUP AND AS WAS DISCUSSED BY OFFICER ORTIZ, UM, WE'RE TALKING ABOUT THE TRIO APARTMENTS AT, UM, DOWN AT PLEASANT VALLEY IN TU.

I MUST BE DOING THIS WRONG.

DO I POINT IT OVER HERE? OH, THERE WE GO.

SORRY, AM I POINTING? SHOULD I POINT IT THIS WAY? I SAID I WAS GONNA RESPECT YOUR TIME AND I CAN'T WORK THE CLICKER .

UM, NOW THEY'RE ALL GONNA GO .

SO,

[02:50:03]

UM, OKAY.

SO, SO, SO THE, THE POINTS I WANTED TO MAKE, I MIGHT JUST GIVE UP ON THE PRESENTATION, ARE, UM, YOU KNOW, AS YOU SAID IN YOUR LAST, IN YOUR LAST HEARING, YOU KNOW, PENALTY RELIEF REQUESTS ARE NOT UNCOMMON.

THEY'RE GENERALLY GRANTED.

UM, AND I KNOW THAT THIS IS NOT A SITUATION WHERE WE'RE ASKING FOR, UM, A HUGE AMOUNT OF RELIEF.

IT'S A, IT'S A 40, I THINK $8,000 FINE WITH INTEREST.

UM, WE HAVE, ONE OF THE QUESTIONS YOU ASKED AT YOUR LAST MEETING WAS HOW MUCH WE HAD SPENT, UM, TO DATE ON THE REPAIRS.

IT WAS ABOUT 15, THANK YOU.

15 TO $20,000, UM, ON THE REPAIRS THEMSELVES.

UM, ONE THING THAT I WANT TO POINT OUT THE, OR THE TWO THINGS THAT I REALLY WANNA MAKE SURE Y'ALL HEAR ARE THESE ARE EXTREMELY LOW INCOME MARKET RATE, LOW INCOME UNITS.

THEY'RE, UM, AROUND 41 TO 45% MFI.

AND THAT'S, YOU KNOW, WITHOUT ANY SUBSIDY.

THAT'S BECAUSE THEY'RE, THEY'RE, THEY'RE OLDER.

THEY'RE, THEY'RE, YOU KNOW, NOT THE LUXURY.

THEY'VE BEEN ON THE MARKET FOR A LONG TIME AND THIS PROPERTY OWNER, UH, IS DOING THEIR REST TO KEEP THEM AFLOAT.

AND PART OF THE REASON I'M HERE AND IS BECAUSE $45,000 IS ACTUALLY A SIGNIFICANT, UH, OUTSPEND OUT TO THESE FOLKS, UM, TO TRY TO GET THIS TAKEN CARE OF.

SO WE REALLY ARE TRYING TO, UM, DO THE RIGHT THING.

I THINK, YOU KNOW, THE POINT OF YOUR FINES, OBVIOUSLY, AS HAS BEEN DISCUSSED ALL NIGHT WITH SOME OF THESE VERY DIFFICULT CASES Y'ALL HAVE HAD, IS TO GET PEOPLE TO DO THE WORK.

UM, AND THESE FOLKS DID THE WORK AND, AND IN ALL HONESTY, THE WORK THAT THEY HAD TO DO MOSTLY WAS DOING WORK WITHOUT PROPER PERMITS.

SO THEY WENT BACK AND GOT PERMITS.

THIS ISN'T SITUATIONS LIKE SOME OF THE REALLY KIND OF DIRE THINGS Y'ALL HAVE SEEN.

THEY GOT PERMITS THAT THEY SHOULD HAVE GOTTEN IN THE FIRST PLACE AND THEY DID DO SOME ADDITIONAL WORK THAT THEY HAD TO DO WITH THE PERMITS.

ONE OF THEM WAS ACTUALLY COMPLETED BEFORE THE FINES WERE PUT INTO INSPECTION BEFORE THE FINES WERE PUT INTO PLACE BECAUSE THE INSPECTION WAS DRUG OUT.

SO LIKE, THIS ISN'T, I JUST WANNA SORT OF EMPHASIZE TO YOU THAT THIS ISN'T KIND OF, THIS FEELS VERY DIFFERENT THAN A LOT OF THE SITUATIONS THAT Y'ALL SEE, UM, THAT ARE QUITE A BIT MORE EXTREME.

UM, WHICH IS AGAIN, WHY I WANTED TO COME BACK HERE.

PART OF THE REASON THAT THEY'RE IN THE SITUATION THAT THEY'RE IN IS BECAUSE THEY'VE HAD A LOT OF TROUBLE GETTING STABLE PROPERTY MANAGEMENT.

UM, THEY'VE HAD THE SAME COMPANY FOR A LONG TIME, BUT THEY'VE RUN THROUGH SEVERAL DIFFERENT INDIVIDUALS AND EACH TIME THEY MAKE PROGRESS AND THEN A NEW PERSON WOULD COME ON AND THEY WOULD LOSE TIME AND GO BACK.

SO THE PERSON THAT THEY HAVE AT THAT, IN THAT POSITION RIGHT NOW IS EXCELLENT.

SHE'S BEEN THERE FOR A WHILE, SHE'S DOING A GOOD JOB.

SHE'S THE ONE WHO'S GOTTEN THE STUFF OVER THE FINISH LINE.

SO I REALLY DON'T SEE THEM HAVING THESE KIND OF PROBLEMS AGAIN.

BUT KIND OF GIVEN THE CIRCUMSTANCES OF THIS SITUATION, WE JUST REALLY WANTED TO TRY ONE MORE TIME TO SORT OF MAKE THE CASE TO YOU FOR WHY WE FEEL LIKE THIS IS APPROPRIATE HERE.

THIS ISN'T PEOPLE TAKING ADVANTAGE OF THIS SYSTEM.

IN FACT, THIS IS PEOPLE TRYING TO KEEP AFFORDABLE UNITS ONLINE AND, AND, AND WORKABLE.

UM, I'M HAPPY TO ANSWER ANY QUESTIONS OR GO OVER ANYTHING I TALKED ABOUT LAST MONTH, BUT AGAIN, I APPRECIATE YOUR TIME, THANK YOU FOR THAT TESTIMONY.

WITH THAT, I WILL PASS IT ON TO MY FELLOW COMMISSIONERS IF THEY HAVE ANY QUESTIONS.

CHAIR, UH, COMMISSIONER FRANCIS.

UH, QUESTION.

HOW, HOW LONG HAVE YOU BEEN IN THE REPEAT OFFENDER PROGRAM? HOW LONG HAS THIS PROPERTY BEEN IN THE REPEAT OFFENDER PROGRAM? YOU KNOW WHAT, I'M SO SORRY.

I DON'T I DON'T KNOW HOW LONG, WHAT I DO KNOW AND, AND THERE MAY BE AN ANSWER THERE, BUT WHAT I DO KNOW IS THAT, UM, THERE ARE, THIS IS A, A MULTI-BUILDING PROPERTY AND THERE'S ONLY, THESE REPAIRS ARE ONLY IN A COUPLE, ONE OF THE BUILDINGS AND I THINK TWO PORTIONS OF THE BUILDING.

SO YEAH, STAFF MAY BE ABLE TO SHED MORE LIGHT ON IT, BUT THIS ISN'T LIKE A PROPERTY WIDE KIND OF ISSUE.

THIS IS LIKE YOU SAW, LIKE THE AIR CONDITIONING.

SURE.

EQUIPMENT.

DO WE HAVE AN IDEA? STAFF? I DUNNO.

I DON'T KNOW THE EXACT DATE OFF THE TOP OF MY HEAD.

UH, BUT I WOULD GUESS MAYBE A YEAR OR TWO, MAYBE A YEAR TO 18 MONTHS.

UH, IF I CAN ASK DIVISION MANAGER MORE, UM, OR, OR PERHAPS, UH, IN INSPECTOR ORTIZ, UH, I, I KNOW IT WAS BROUGHT UP EARLIER.

DO WE KNOW WHAT WE CHARACTERIZE THIS AS IN TERMS OF A LOW COMPLEXITY, MIDDLE COMPLEXITY OR HIGH COMPLEXITY CASE? ALL ROP PROPERTIES ARE HIGH COMPLEXITY.

UM, ALTHOUGH I DID STATE LAST MONTH MM-HMM .

WHEN ON RECORD AND SAID IT WAS LOW.

SO WE CAN SUPPORT THAT.

ANY OTHER QUESTIONS? SEEING NONE, I WOULD WELCOME A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.

ARE THERE ANY OTHER QUESTIONS FROM COMMISSIONERS? I'M SORRY, COMMISSIONER FRANCIS.

SO, SO YOU SAID RPS ARE HIGH, BUT NOW YOU'RE SAYING IT'S LOW? NO, WHAT I'M SAYING IS, I SAID LOW LAST MONTH, BUT ALL, ALL ROP PROPERTIES ARE HIGH, SO IT WAS A MISSTATEMENT.

OKAY, I UNDERSTAND.

HIGH COMPLEXITY.

ALRIGHT, THANK YOU.

[02:55:03]

THAT'S A MOTION FROM COMMISSIONER MUSGROVE.

ANY SECOND? UH, IS THAT A SECOND FROM COMMISSIONER VARDA? SECOND? THAT IS A SECOND.

AND WITH THAT, UH, WE WILL VOTE ON THE MOTION.

HEARING SEVEN AYES AND NO NAYS, THE MOTION PASSES.

THE PUBLIC PORTION OF THE HEARING IS NOW CLOSED.

UH, MS. BOJO, IF YOU DON'T MIND JUST STAYING UP THERE IN CASE WE HAVE ANY MORE QUESTIONS FOR YOU WHILE WE WRAP THIS UP.

UM, WITH THAT, IS THERE ANY COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION CHAIR? UH, YES, JAMES, WE BROUGHT THIS ONE BACK, UH, BECAUSE THE, UH, PROPERTY OWNERS WEREN'T ADMITTED LAST TIME, SO I WANTED TO MAKE SURE THEY WERE, THAT YOU, UH, ADMITTED THE PROPERTY OWNER'S EXHIBITS.

I DID ADMIT THE PROPERTY OWNER'S EXHIBITS.

UM, I WILL JUST FOR THE RECORD, STATE THAT THE PROPERTY OWNER'S EXHIBITS ARE ADMITTED, UM, JUST FOR THE RECORD AND ALSO EXHIBITS FIVE AND SIX ON CITY STAFFS.

UM, JUST TO CROSS THE T'S AND DOT THE I'S, UH, WITH THAT, IS THERE A MOTION BY ANY, UH, COMMISSIONER CHAIR? UH, COMMISSIONER FRANCIS, I MOVE TO RECOMMEND, UH, ACCEPT THE STAFF RECOMMENDATION TO UPHOLD THE ACCRUED PENALTIES FROM THE ORDER ISSUED ON MAY 24TH, 2023.

THAT IS A MOTION TO UPHOLD THE PENALTIES.

IS THERE A SECOND? SECOND? THAT'S A SECOND FROM COMMISSIONER MUSGROVE.

UM, WELL I WILL PASS THAT TO COMMISSIONER FRANCIS TO BEGIN DISCUSSION.

I DON'T HAVE ANY POINTS.

IS THERE ANY OTHER COMMISSIONER WHO WOULD LIKE TO DISCUSS THIS MATTER? UH, COMMISSIONER TOM NANOVI? YEAH, I'D, I'D SAY I, UM, BECAUSE IT'S A, A SMALL NUMBER OF BUILDINGS THAT ARE AFFECTED, I'M OPEN TO A PENALTY REDUCTION, BUT I'LL ALSO DEFER TO FOLKS WHO ARE, HAVE MORE EXPERIENCE, UH, WITH REPEAT OFFENDER PROGRAMS AND WHAT'S EFFECTIVE.

UM, I'D ALSO BE CURIOUS TO KNOW A LITTLE BIT MORE ABOUT WHETHER IT'S A LITECH PROPERTY, UM, THE MEDIAN NUMBER, YOU KNOW, THE MEDIAN RENT AND THOSE SORTS OF THINGS.

COMMISSIONER GILKER? AYE.

UM, BUT ALSO, YOU KNOW, THE POINT OF HAVING LOW INCOME HOUSING, YOU KNOW, THE, THE REASON WE HAVE STANDARDS IS THAT LOW INCOME HOUSING, LOW INCOME FOLKS CAN ALSO GET QUALITY HOUSING AND, AND THAT SORT OF THING.

UM, BUT I'LL ALSO ADMIT THAT IT'S NOT EXACTLY THE WORST THING WE'VE SEEN TODAY.

SO, UH, BUT I'LL, UH, YOU KNOW, I'LL DEFER TO MY, I'LL DEFER TO MY, THE COMMISSION HERE BECAUSE IT, IT'S, UH, RESPECTFULLY, IT'S A, IT'S A LARGE COMMERCIAL PROPERTY THAT'S BEEN AROUND FOR A WHILE AND, UM, THIS IS THE SORT OF MAINTENANCE THAT'S, THAT'S JUST EXPECTED.

AND I THINK THE, THE FINES ARE NOT NECESSARILY A REFLECTION ON, UH, THE SAFETY ISSUE.

I THINK IT WAS THE, THE DRAGGING OF THE FEET BY THE, THE PROPERTY OWNERS AND, UM, AND, AND THAT SORT OF THING.

UM, AND SO THAT I WOULD JUST SUBMIT, UH, SUBMIT THAT TO THE COMMISSION, UH, CHRISTIAN IRA.

YEAH, I THINK I'LL JUST SAY I DON'T THINK ANYTHING HAS CHANGED SINCE THE LAST TIME THIS PROPERTY CAME BEFORE US.

UM, AND IT, I DON'T DOUBT THAT THE PROPERTY OWNER WOULD CHARGE MORE IF THEY COULD.

UM, I AM, I'M DISINCLINED TO, UH, REDUCE THE PENALTY.

UM, JUST IN, IN LIGHT OF, UH, BOTH OF THOSE COMMENTS, I, I, I DO JUST WANNA CLARIFY THAT TO MY UNDERSTANDING THIS CASE IS, UM, YOU KNOW, IT, IT, IT IS PROCEDURALLY THE SAME ONE THAT WE DID DISCUSS LAST MONTH, UM, JUST TO CORRECT THE ERROR OF THE NON ADMISSION OF THE, UH, EXHIBITS.

UM, SO, SO YEAH, CERTAINLY WE'RE NOT NECESSARILY EXPECTING ANY CHANGES FROM LAST MONTH, BUT I I I THINK THAT THE, UM, DISCUSSION WE HAD LAST MONTH, UM, STILL POTENTIALLY APPLIES.

UH, IF, IF OUR REASONING ENDS UP BEING SIMILAR.

UM, IS THERE ANY OTHER DISCUSSION BY OTHER COMMISSIONERS? SEEING NONE, I WILL MOVE INTO A ROLL CALL VOTE.

UM, COMMISSIONER IBARRA AYE.

COMMISSIONER LAHAR? AYE.

COMM AYE.

I BELIEVE THAT WAS AN AYE.

COMMISSIONER TAMM LOVICH AYE.

COMMISSIONER MU GOVE AYE.

THERE BEING SEVEN AYES AND NO NAYS.

THE MOTION PASSES.

UM, THE ORDER WILL BE MAILED TO THE PROPERTY OWNER.

ON TO OUR LAST AGENDA ITEM FOR

WITH THAT, WE WILL MOVE

[8. Discussion and possible action on the draft Annual Internal Review Report, which includes a statement of the Commission’s mission, actions taken to support that mission, and the Commission’s goals and objectives for the new calendar year]

[03:00:01]

TONIGHT, WHICH IS AGENDA ITEM NUMBER EIGHT.

ITEM 10 ON THE AGENDA IS A DISCUSSION IS DISCUSSION AND PLANNING REGARDING THE ANNUAL INTERNAL REVIEW FOR 2024 TO 2025.

AS YOU KNOW, THIS REPORT MUST BE PREPARED AND FILED WITH THE OFFICE OF THE CITY CLERK BY JULY 3RD, UH, 31ST.

IN YOUR BACKUP IN THE GOOGLE DRIVE FOLDER, PLEASE SEE A COPY OF LAST YEAR'S REPORT AS WELL AS THE REPORT TEMPLATE FOR YOUR REVIEW AT THIS MEETING, PLEASE CONSIDER ACCOMPLISHING TWO THINGS, REVIEW LAST YEAR'S REPORT, AND MAKE ANY CHANGES TO THE INFORMATION TO BE PROVIDED IN THE REPORT AND IDENTIFY GOALS AND OBJECTIVES OF THE COMMISSION FOR THE COMING YEAR.

STAFF WILL COMPILE THIS DATA BEFORE THE NEXT MEETING AND MAKE IT AVAILABLE TO THE, UH, TO THE CHAIR WHILE THE CHAIR DRAFTS THE REPORT.

WHILE IT IS NOT REQUIRED THAT THE ENTIRE COMMISSION APPROVE THE REPORT WHEN YOU RETURN, UH, IN JULY, A DRAFT MAY BE READY FOR YOUR REVIEW.

WELL, I THINK WE'VE COMPILED THE, UH, DATA.

JAMES, DO YOU WANNA TALK ON THAT? YEAH, SO IF YOU COULD PLEASE REVIEW OR EXCUSE ME.

UM, YES, UH, IF YOU WOULD LIKE TO REVIEW LAST YEAR'S, UH, THERE'S REALLY NOTHING TO REVIEW , YOU CAN JUST SEE IT.

UM, AND THE, AND THE NEXT YEAR'S REPORT, WHICH IS THIS YEAR'S REPORT DUE AT THE END OF THIS MONTH, WHICH THE CHAIR IS, UH, AUTHORING, UM, IT'LL LOOK SIMILAR TO THIS.

UH, NOW THE, I I GUESS THE ONLY THING THAT YOU CAN REALLY DO AT THIS POINT IS IDENTIFY ANY GOALS FOR THE COMING YEAR AND THEN IF YOU HAVE ANY OTHER, UH, OBJECTIVES OR OTHER METRICS THAT PERHAPS YOU MIGHT, YOU KNOW, WANT DISCUSSED IN NEXT YEAR'S REPORT.

IS THAT, IS THAT CLEAR TO EVERYONE? THAT MAKES SENSE TO ME.

UM, IF ANY COMMISSIONERS WOULD LIKE TO OFFER ANY RECOMMENDATIONS REGARDING THAT, UM, I WOULD WELCOME THEM TO DO SO.

NOW, IF I MAY, VICE CHAIR COMMISSIONER TOM VIC.

UM, THERE, UH, I , I WORKED AS A LEGISLATIVE AIDE TO A LOCAL HOUSE REP AND THERE WAS A LOT OF CHATTER THIS YEAR AT THE STATE CAPITOL, UH, ABOUT CORPORATE OWNERSHIP OF COMMERCIAL PROPERTY AND HOW THAT'S, YOU KNOW, UH, THERE SEEMS TO BE AN ACCUMULATION OF PROPERTY AND, UH, A SMALLER NUMBER OF COMPANIES.

AND, UH, THEY ALSO HAVE THESE COMPLEX WEBS, UM, THAT MAKES IT HARD TO DECIDE WHO THE TRUE OWNER IS.

AND FOR THE SAME REASON, IT MAKES IT DIFFICULT FOR US TO, UH, PREDICT THE BEHAVIOR ALSO OF ANY INDIVIDUAL PROPERTY OWNER WHEN WE KIND OF JUST LOOK AT IT, THE PROPERTY ITSELF AND JUST THROUGH THAT LENS.

SO I'D BE CURIOUS TO SEE WHAT RESEARCH WE CAN DO AND WHAT PROCEDURES WE COULD APPLY.

LIKE FOR EXAMPLE, I'D LOVE TO HEAR LIKE, WE HAD A CASE TODAY WHERE OBVIOUSLY THREE PROPERTIES WERE CONNECTED AND, UH, OF COURSE EACH INDIVIDUAL PROPERTY NEEDS TO HAVE THEIR OWN FOUNDATION FOR OUR DECISION.

UM, BUT I WOULD BE CURIOUS TO SEE, UM, WHAT RESEARCH COULD BE DONE BY OUR CODE OFFICERS ABOUT, UH, YOU KNOW, MAYBE ACTORS THAT ARE CONSISTENTLY, YOU KNOW, NOT COMMUNICATING, UH, AND, AND THAT SORT OF THING, UM, SO THAT WE CAN HAVE A GOOD IDEA OF, UH, WHAT WE'RE DEALING WITH.

AND ALSO, UM, YOU KNOW, JUST, UH, INFORMATION IN GENERAL ABOUT THAT COMMERCIALIZATION OF, OF REAL ESTATE WITHIN THE CITY OF AUSTIN.

I DON'T KNOW, JUST KIND OF SPIT BALLING, BUT THE, IT'S, IT'S SOMETHING I'D BE CURIOUS TO KNOW.

WELL, I MEAN, IN ALL HONESTY, I, I CAN'T REALLY EVEN THINK OF A, OF A COMMERCIAL PROPERTY THAT WAS OWNED BY AN INDIVIDUAL.

I MEAN, THEY'RE MOSTLY OWNED BY L LLCS, LPS, LLPS, AND UH, AS WE WERE DISCUSSING EARLIER, A LOT OF TIMES THE, YOU KNOW, THE, THE MANAGING PARTNER OF THE LLC IS AN LP SO IT JUST KIND OF GOES ON AND ON AND ON, RIGHT? YEAH.

UM, I'LL TRY TO, MAYBE WE CAN KIND OF THINK OF, UM, A WAY TO PUT THAT INTO SOME METRIC AND, UM, YEAH, WE CAN CERTAINLY, YOU KNOW, MAKE THAT, MAKE THAT SOME, YOU KNOW, MARKER OF SOME TYPE.

IF I CAN ADD TO TO THAT DISCUSSION, I, I FEEL LIKE THE THING THAT'S ALMOST BEING ADDRESSED THERE IS THAT, YOU KNOW, WE HAVE A REPEAT OFFENDER PROGRAM AND IT, BROADLY SPEAKING, DEALS WITH PROPERTIES THAT ARE DEFICIENT AND KEEP HAVING ISSUES COME UP OVER

[03:05:01]

AND OVER AND OVER AGAIN.

BUT WE DON'T NECESSARILY HAVE A COMPARABLE THING FOR PROPERTY OWNERS THAT HAVE MULTIPLE PROPERTIES THAT ARE DEFICIENT AND THEY KIND OF KEEP CAUSING PROPERTIES TO COME INTO THE COMMISSION AND KEEP HAVING, UH, PROBLEMS COME UP ACROSS DIFFERENT PROPERTIES.

AND I THINK THAT THAT, YOU KNOW, PROCEDURALLY IS MAYBE HARD AND, AND YOU KNOW, THERE'S PROBABLY SOME QUESTIONS AND CONCERNS ABOUT HOW TO COMPLY WITH DUE PROCESS IN REGARDS TO IT TO MAKE SURE THAT WE'RE DOING IT IN A MANNER THAT'S FAIR.

BUT I WONDER IF THERE IS A WAY THAT WE COULD, YOU KNOW, EXPAND THE SCOPE OF THE REPEAT OFFENDER PROGRAM TO, TO BETTER ADDRESS THOSE ISSUES OF WHERE WE HAVE KIND OF WEBS OF OWNERSHIP THAT ULTIMATELY KEEP CAUSING PROBLEMS. UM, BUT YOU KNOW, THAT THAT'S NOT NECESSARILY SOMETHING THAT WOULD BE IN THIS REPORT, BUT I, I DO THINK THAT THAT IS SOMETHING TO, TO CONSIDER.

UM, COMMISSIONER YBARRA, UM, BEING MINDFUL OF STAFF'S CAPACITY.

I THINK SOMETHING, IF WE DO INCLUDE SOMETHING LIKE THAT IN THE REPORT, I THINK IT WOULD BE TO ASK STAFF OVER THE NEXT YEAR TO IDENTIFY POTENTIAL PROCESSES OR SYSTEMS THAT COULD SUPPORT THAT.

UM, RATHER THAN THAT WE IMPLEMENT THAT IMMEDIATELY AND, AND DO AN ANALYSIS OF, UH, THE TIME AND LABOR INVOLVED.

IS THERE ANYONE ELSE? UH, COMMISSIONER FRANCIS.

AND IT WOULD ALSO SEEM LIKE TRYING TO WHIP THESE UP AT 9 45.

IT'S JUST I'M SPENT BEEN A LONG DAY.

SO MAYBE BETWEEN NOW AND THE NEXT MEETING SUBMIT SOME OF THOSE TO YOU FOR MAYBE FOR THE COMMISSION TO LOOK AT INDIVIDUALLY.

I MEAN, SOME OF THESE ARE LIKE, YOU HAVE TO, STAFF WILL CONTINUE TO PROVIDE REGULAR UPDATES REGARDING REPEAT OFFENDER CASES.

WELL, WHAT DOES THAT MEAN? AND I MEAN, AND I DON'T RECALL ANY OF THE, LOOK, THERE'S LOTS OF THOSE.

YOU, YOU KNOW, SO WHAT WOULD THAT MEAN? WE'VE, WE'VE, UH, YOU KNOW, I'M NOT CASTING AS VERSIONS.

I'M JUST SAYING THAT THEY OUGHT TO BE A LOT OF, SO AGAIN, IN MY EXPERIENCE WITH THE, UH, KIND OF, YOU KNOW, GETTING ALL THE BACKGROUND INFORMATION FOR THIS REPORT, YOU KNOW, THESE ARE, THESE ARE THINGS THAT WE'VE JUST KIND OF HELD ONTO OVER THE YEARS BECAUSE, YOU KNOW, WE JUST FIGURED, YOU KNOW, ONE A PREVIOUS COMMISSION WOULD WANNA KNOW ABOUT IT AND YOU'D PROBABLY WANNA KNOW ABOUT IT TOO.

YOU ARE WELCOME TO, YOU KNOW, TAG SCRATCH OFF ANYTHING FROM HERE OR IF YOU, YOU KNOW, NEED US TO ELABORATE ON IT, UH, YOU KNOW, WE CERTAINLY CAN.

AND, AND, AND AGAIN, WHAT YOU REALLY WANT TO THINK ABOUT TODAY IS, 'CAUSE THIS REPORT IS, IS DUE IN DATES.

SO, YOU KNOW, WE'RE NOT GOING TO, WE'RE NOT HERE TO REWRITE THE REPORT THAT, UH, CHAIR STOAT IS PROBABLY WORKING ON ALREADY.

IF HE HASN'T FINISHED, WE'RE HERE TO TALK ABOUT, YOU KNOW, WHAT YOU WANNA SEE NEXT YEAR OR IF YOU WANNA WRITE SOMETHING INTO, UH, YOUR OBJECTIVES FOR THIS COMING YEAR.

SO IN OTHER WORDS, I MEAN, YOU KNOW, I'M JUST MAKING THIS UP, BUT LIKE, IF YOU WANTED TO HAVE, UM, YOU KNOW, IF YOU WANTED TO HAVE TWO SPECIAL CALLED MEETINGS IN THE NEXT SIX MONTHS, I MEAN, OF COURSE YOU CAN DO THAT, BUT, UM, YOU KNOW, HERE'S WHERE YOU WOULD WANNA SPELL THAT OUT.

IN PREVIOUS YEARS, BUT, UH, YOU KNOW, THAT'S PROBABLY A GOOD POINT.

SO WE REALLY SHOULD WAIT TO SEE WHAT WE GET FROM TIM.

NO, YOU WANT HIM? YOU CAN, YOU CAN, YOU CAN SEND THAT TO MELANIE.

I'M CONFUSED.

YEAH, NO, SEND IT TO ME BECAUSE THIS HAS TO BE FINALIZED ON THE 31ST AND SENT TO THE CITY CLERK'S OFFICE.

SO WE ONLY HAVE DAYS MAYBE A WEEK, YOU KNOW, I WOULD SAY IN THE NEXT FEW DAYS, IF YOU HAVE SOME, SEND ME AN EMAIL IF YOU HAVE ANYTHING YOU WOULD LIKE TO BE INCLUDED IN THIS REPORT AS A GOAL OR OBJECTIVE.

OTHERWISE THINK ABOUT IT FOR NEXT YEAR AND WE'LL ADD IT TO THE NEXT REPORT.

MAYBE HAVING THIS DISCUSSION WELL, WE HAD IT ON THE AGENDA FOR LAST MONTH AND IT DIDN'T, WE JUST DIDN'T HAVE TIME.

SO IT'S GOT, YOU KNOW, AND, AND I , I I WOULD LIKE TO JUST SAY THAT, UM, THE, UH, CITY CLERK'S OFFICE ACTUALLY KIND OF MANDATED.

'CAUSE I USED TO PERSONALLY WRITE THIS REPORT MYSELF AND THE CITY CLERK'S OFFICE MANDATED THAT THE CHAIR, UH, TAKE OVER WRITING THE REPORT.

SO, UM, YOU KNOW, THIS WAS JUST, WE, WE KIND OF, YOU KNOW, CRUNCH THE NUMBERS AND KIND OF PUT IT ALL TOGETHER AND WE'D SAY, HERE IT IS.

AND I MEAN, YOU DIDN'T REALLY NEED MUCH DISCUSSION ABOUT IT

[03:10:01]

WE SHOULD PROBABLY START TALKING ABOUT THIS IN, UH, MAY INSTEAD OF JUNE TO BE FINALIZED IN JULY.

YEAH, I I THINK THAT IF WE, IF WE WANT TO, UM, AND, AND I FEEL, I FEEL LIKE ESPECIALLY WITH THIS GROUP, UM, WE, WE MAY WANT SOMETHING MORE SUBSTANTIVE, UH, GOING INTO NEXT YEAR'S INTERNAL REVIEW.

UM, SO YEAH, MAYBE, MAYBE HAVING, UH, MORE KIND OF TIME DESIGNATED TO, TO ADDRESS IT IN A MEETING COULD BE, COULD BE GOOD.

SO THAT WAY WE COULD MAYBE TRANSFORM IT INTO SOMETHING THAT IS A LITTLE BIT LESS PROCEDURAL AND, AND A LITTLE BIT MORE SUBSTANTIVE, UH, COULD BE GOOD.

IF THAT SOUNDS RIGHT TO FOLKS.

AND FRANKLY, ANYTHING, ANYTHING STAFF NEEDS US TO DO TO SUPPORT WHAT YOU'RE TRYING TO ACCOMPLISH.

I MEAN, YOU HAVE A JOB THAT YOU DO EVERY DAY.

WELL, WE GET TO DO THIS ONE EVENING A MONTH, AND IF YOU'RE NOT GETTING SUPPORT FROM US THAT YOU NEED, PLEASE TELL US IF THERE'S A PIECE OF A REPORT THAT SAYS YOU NEED US TO MAKE A MOTION TO SAY SOMETHING.

AND, AND WE APOLOGIZE, YOU KNOW, FOR KIND OF THE LAST MINUTE THING.

BUT AS YOU KNOW, WE'VE BEEN PLAGUED BY NO QUORUMS AND, AND ALL THAT KIND OF STUFF, AND WE'VE BEEN TRYING TO CRAM AS MUCH CASES IN EVERY, YOU KNOW, THAT'S REALLY IMPORTANT THAT WE GET THESE, THESE CASES HEARD.

UM, I THINK A GOOD, UH, PLACE TO DO THIS WOULD BE OUR NEXT RETREAT, YOU KNOW, AND THEN THAT WAY WE'VE GOT PLENTY OF TIME WE'RE FEEDING Y'ALL, YOU'RE NOT SPENT, YOU KNOW, AND ALL THAT KIND OF STUFF.

AND WE CAN TALK ABOUT IT AND YOU CAN COME UP WITH IDEAS AND WE CAN BOTH BRAINSTORM AND COLLABORATE AND, AND GET WHATEVER WE THINK IS GONNA MAKE THIS THING BETTER, UM, OUT THERE AND, AND WE CAN WORK ON IT THEN.

SO I THINK THAT'S PROBABLY THE BEST PLACE TO DO IT.

HERE, JUST REAL QUICK, GO FOR IT.

BECAUSE WHAT I, WHAT I ENVISION IS A, IS A BACK AND FORTH CONVERSATION ABOUT WHAT'S WORKING AND WHAT'S NOT WORKING IS THE COMMISSIONER SAID, YOU KNOW, WE ARE, WE PULL THIS TRIGGER ONCE A MONTH AND THEN 30 DAYS GOES BY AND WE SIT DOWN AND WE'RE LIKE, IT JUST KIND OF COMES AT US.

SO WHAT KIND OF THINGS COULD WE BE INTENTIONAL ABOUT, RIGHT? AND TRYING TO MAKE THAT PROCESS BETTER FOR YOU, FOR OUR CITIZENS.

IF THERE ARE THINGS THAT WE COULD TIGHTEN UP LEGALLY TO MAKE SURE THIS IS GOING WELL, THAT CASES THAT GET THROWN BACK INTO COURT, WHAT, WHAT COULD WE TIGHTEN UP TO MAKE THAT MORE EFFICIENT AND REDUCE THAT IS, THAT'LL MAKE SENSE, JUST THINKING OUT LOUD.

BUT IF WE HAD THAT SORT OF THIS ROUND TABLE CONVERSATION WHERE WE, WHAT'S WORKING AND WHAT'S NOT WORKING, AND THEN WE CAN MAKE THAT PART OF OUR OBJECTIVES TO IMPLEMENT THROUGHOUT THE YEAR, THAT MAKES YOU MORE SUCCESSFUL AND IT, IT PAYS BENEFITS ALL THE WAY DOWN THE LINE.

DOES THAT MAKE SENSE? YEAH.

AND JUST TO PUT YOUR MIND AT EASE, I MEAN, THIS IS A VERY SUCCESSFUL PROGRAM.

I MEAN, WHEN WE'RE GETTING ORDERS, THAT MEANS SOMETHING, RIGHT? Y'ALL ARE BEING VERY GOOD STEWARDS OF THE, THE CITY.

SURE.

UH, WHEN WE CAN ACTUALLY ACT ON THE THINGS THAT Y'ALL ARE, ARE GIVING US TO ACT ON.

AND SO, UH, IN THE PAST IT'S BEEN NOT SO GREAT.

YOU KNOW, CANS WERE KICKED DOWN THE ROAD AND, AND THINGS WERE, WERE ALL OVER.

SO WE'RE, WE'RE TIGHT AND RIGHT AS FAR AS IT GOES WITH THIS PROGRAM AND WHATNOT.

BUT YEAH, WE'RE ALWAYS OPEN TO NEW IDEAS AND ANYTHING ELSE THAT CAN THEN HELP US DO OUR JOBS BETTER.

OH, UH, DID COVER I JUST DO ATTORNEY.

EXCUSE ME.

I'M SORRY.

DID WE COVER FUTURE AGENDA ITEMS? UH, WE HAVEN'T YET.

THAT WAS THE NEXT ITEM ON THE AGENDA, SO WE CAN DISCUSS THAT.

UM, IF VICE CHAIR REAL QUICK.

COMMISSIONER TOM MILANOVICH.

ONE LAST STAT I WOULD LOVE TO SEE ON THE REPORT IS, UH, HOW MANY HOUSING UNITS ARE ORDERS IN EITHER THIS THE YEAR OR THE YEAR BEFORE, UH, HAVING BEEN COMPLETED, HOW MANY HOUSING UNITS HAVE BEEN ADDED BACK INTO THE MARKET? I THINK THAT'D BE A REALLY GOOD WAY TO MEASURE OUR EFFECTIVENESS IN TERMS OF OUR CONTRIBUTION TO THE CITY OF BOSTON.

AND THEN MAYBE I'D BE CURIOUS JUST TO SEE HOW MANY, HOW MUCH, HOW MANY FINES WE ACTUALLY COLLECT IN ACCRUE CREW.

UM, I DON'T KNOW, HEADS ON A SPIKE, I GUESS, YOU KNOW, BUT I, I'D JUST BE PERSONALLY CON UH, INTERESTED IN, IN THAT, THOSE DATA POINTS THAT'S, UH, AND THAT IS, YOU KNOW, UM, INFORMATION THAT, THAT IS PRACTICALLY READILY AVAILABLE.

WELL, IF, UM, NOBODY HAS ANYTHING ELSE TO ADD TO THIS, UM, WELL, WOULD, UH, WHAT WOULD Y'ALL LIKE TO SAY, MELANIE AND JAMES? WELL, THE FUTURE AGENDA ITEMS,

[FUTURE AGENDA ITEMS]

UM, UH, YEAH, WE CAN MOVE ON TO THAT.

WE'VE GOT ABOUT FIVE MINUTES.

YES, WE CAN DO THAT IN THAT CASE.

UM, SO OUR NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY, AUGUST 27TH, 2025.

UM, YEAH.

UM, DID YOU WANT TO ADDRESS THE, UH, PROPERTY THAT THE PUBLIC COMMUNICATION WAS ON AT THE BEGINNING? THAT WAS, UH, I WOULD LIKE TO, I BELIEVE WE NEED TWO COMMISSIONERS TO SAY WE WANNA ADDRESS IT ON THAT AGENDA.

IS THAT CORRECT? 52 0 7

[03:15:02]

PROC LANE? YES.

UM, I WOULD LIKE TO SEE IT ON THAT AGENDA.

WOULD ANYONE ELSE? SURE.

UH, THAT'S TWO OF US.

I THINK THAT THAT'S ENOUGH TO PUT IT ON THE AGENDA, UH, RISH.

SO, UM, THAT WILL BE ON, UH, THE PENALTY RELIEF FOR THAT WILL BE ON NEXT MONTH'S AGENDA IN AUGUST.

AND ALSO, UM, NEXT MONTH WE'D LIKE TO HAVE A DISCUSSION, UM, ABOUT WHEN, UM, ABOUT HAVING A, UH, RETREAT AND WHEN WE COULD HAVE IT.

AND, UM, ONE MORE THING, UH, I KNOW I'VE TALKED TO SOME OF Y'ALL ABOUT THIS, BUT, UH, I WILL IN FACT BE RESIGNING FROM, UH, THE COMMISSION AFTER, UH, THIS MEETING, SO I DON'T APPROVE THAT.

I I DON'T THINK I CHALLENGED YOU ABOUT IT.

SO, UM, SO YEAH, I, UH, I DO BELIEVE THAT WE'LL NEED AN ELECTION, UM, ON, UH, NEXT MONTH'S AGENDA TO ELECT A NEW VICE CHAIR.

UM, JAMES, UM, I ACTUALLY, I, I'M NOT SURE IF WE, PERHAPS WE SHOULD, WE SHOULD ASK, UH, MS. HERRERA IF, UH, DO WE, DO WE DO THAT OUTSIDE OF, UH, OUR APRIL ELECTIONS? DO WE, UM, I WILL DOUBLE CHECK, BUT I BELIEVE, AND AGAIN, I'LL CONFIRM, UM, BUT I BELIEVE IT WOULD BE ACCEPTABLE IN LIGHT OF THE CIRCUMSTANCES OF OUR CURRENT VICE CHAIR RESIGNING.

BUT AGAIN, I, I WILL DOUBLE CHECK JUST TO MAKE SURE THAT WE HAVE THAT DOWN PROCEDURALLY AND MM-HMM .

AND HOW THAT WOULD FUNCTION.

YEAH, I, I THINK I'VE, I DON'T KNOW THAT I'VE, UH, SEEN THE, I PERHAPS WE'VE SEEN THE CHAIR RESIGN AND THEN THE VICE CHAIR JUST, YOU KNOW, WE DEFER TO THE VICE CHAIR TO RUN THE MEETINGS.

UM, BUT YEAH, I BELIEVE, LET'S, LET'S FIGURE THAT OUT.

AND THE MAIN CONCERN IS IF THE CHAIR CAN'T SERVE, WHO IS GONNA STEP INTO THAT ROLE IF WE DON'T HAVE A VICE CHAIR? SO THAT'S WHY I JUST, I, I THINK IT'S POSSIBLE, BUT I DO WANNA JUST DOUBLE CHECK THAT.

WELL, THANK Y'ALL FOR THAT.

AND, UM, HOPEFULLY MY ABSENCE IS NOT, UH, TOO DAMAGING .

BUT, UH, YEAH, WITH THAT, I BELIEVE, UH, WE CAN JOIN THE MEETING AT NINE.

SORRY, IS THE YES.

DID YOU HAVE SOMETHING ELSE TO SAY? COMMISSIONER FRANCIS? I THINK JUST IN TERMS OF DOING THE RETREAT IS, IS COMING BACK WITH, UH, TO THE COMMITTEE WITH SOME CONCRETE DATES SO WE CAN KEEP, WE'VE GOT EIGHT COMMISSIONERS NOW.

I THINK, MY MY FEELING IS LET'S PULL THE TRIGGER AND GET TOGETHER AND, AND, AND HAVE THAT INSTEAD OF WAITING FOR A FULL, JUST NOT GONNA HAPPEN, RIGHT.

'CAUSE PEOPLE COME AND GO, NOW WE'RE DOWN ANOTHER WINDOW.

I'M LIKE, OKAY, CRAP, WE'RE GOING BACKWARDS, .

SO ANYWAY, MY SUGGESTION IS JUST TO LOOK AT THAT, SEE WHAT DATES ARE AVAILABLE, BRING US BACK OPTIONS, AND WE CAN UNTIL NEXT WEEK.

UM, IS THERE ANY OTHER MATTER FOLKS WOULD LIKE TO HAVE ADDRESSED? MOVE TO ADJOURN? UM, WE WILL SECOND, LET'S SAY SECOND, A MOTION AND A SECOND TO ADJOURN.

ALL THOSE IN FAVOR? AYE.