[00:00:01]
I, UH, CALL THE BUILDING AND STANDARDS COMMISSION TO ORDER FOR OCTOBER 8TH, 2025.
UH, LET THE RECORD REFLECT THAT THE TIME IS 6:32 PM UH, MY NAME IS TIMOTHY STOAT.
I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL THE ROLE AND ASK FOR THE COMMISSIONERS, UH, PRESENT.
PLEASE SIGNIFY THAT YOU ARE HERE.
UH, I'LL BEGIN WITH, UH, COMMISSIONER GILKER.
UH, COMMISSIONER, UH, VIC? NOT YET.
UH, SO BEFORE THE, SO A QUICK REMINDER, UH, TO OUR COMMISSIONERS, ROADING, UH, REMOTING IN, UH, LEAVE YOUR CAMERAS ON TO MAINTAIN QUORUM, UH, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATIONS ON ITEMS NOT ON TONIGHT'S AGENDA.
I THINK THE GAIN IS A LITTLE HIGH IF SOMEBODY'S GOT A, A AMBIENT MIC ON.
IF YOU WOULDN'T MIND TURNING THEM OFF.
UH, SEE, BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ITEMS NOT ON THE AGENDA.
SPEAKERS WILL BE ALLOTTED THREE MINUTES OR SIX FOR PERSONS NEEDING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR, UH, I HAVE YOUR EIGHT ITEMS ON THE POSTED AGENDA.
I THINK THAT THERE'S ACTUALLY, I'M SHOWING THAT THERE WERE 12, BUT ONE GOT PULLED.
I MIGHT HAVE A BAD COUNT HERE, BUT, UM, CASES WILL BE CONSIDERED THE ORDINARILY CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, TONIGHT, THE COMMISSION'S GONNA BE TAKEN A COUPLE OF OUT OF ORDER.
UM, I'LL GET TO THAT IN A MOMENT.
ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DEPARTMENT'S CIVIL ABILITY, SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
UH, CODE REVIEW ANALYST, MELANIE, ALL WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN DEVELOPMENT SERVICE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED, UH, THE REPRESENTATIVE OF THE PROPERTY SHOULD COME FORWARD AND TAKE A SEAT NEAR THE, UH, PODIUM, UH, OR IF YOU ARE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
UH, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.
THE OWNER OR REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESSES ABOUT THEIR TESTIMONY.
UH, AFTER THE TEST, THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE OWNER OR REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.
UH, THE CITY WILL BE ALLOTTED, SORRY.
THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER, REPRESENTATIVE, UH, WITNESS ABOUT THEIR TESTIMONY.
AND WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, UH, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
UH, WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE, UH, IDENTIFY YOURSELF.
JAMES EDWARD, ONE WITH THE CITY OF AUSTIN.
UM, UH, AFTER THE OWNER OR REPRESENTATIVE IN CITY OF PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS BY EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK THEIR QUESTIONS, UH, I'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, UH, WILL GIVE THE PROPERTY OWNER REPRESENTATIVE OR APPELLANT, UH, THREE MINUTES TO SUMMARIZE MY DISCRETION, THE CITY MAY ALSO BE PERMITTED.
UH, LIGHT TIME AFTER EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON THE DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING, UNLESS APPEAL TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED BY THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES DO TESTIFY UNDER OATH.
SO ANY PERSONS, UH, WISHING TO PRESENT TESTIMONY BEFORE THIS COMMISSION, UH, IN, IN ANY CASE, UH, INCLUDING THOSE REMOTING IN, I WOULD ASK AT THIS TIME THAT YOU PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN.
UH, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING, I DO.
UH, IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE, UH, BEFORE THE COMMISSION THIS EVENING.
I SHOW THAT, UH, THERE IS NO ONE REGISTERED FOR PUBLIC COMMUNICATION.
IS THAT STILL CORRECT, MELANIE? THAT'S CORRECT.
THEN WITH THAT, UM, I WOULD LIKE TO MOVE ALONG TO THE, THE PUBLIC HEARINGS.
AND AS, AS NOTED IN MY OPENING STATEMENT, WE DO OCCASIONALLY TAKE CASES OUT OF ORDER AND SUGGEST FOR FOLKS WHO ARE KNOWING WHEN TO GET INTO THE ON DECK CIRCLE, UM, FOR THE CITY PARTICULARLY.
I HAVE A, A ROUGH ORDER THAT I THINK WE'RE GOING TO GO IN TONIGHT.
IF YOU WANNA MAKE A NOTE OF THIS, IT LOOKS LIKE IT'S PROBABLY GONNA BE, THIS IS BASED ON, IN PART, ON, ON WHICH PROPERTIES ARE REPRESENTED.
I'D LIKE TO PUT THE UNREPRESENTED ONES LAST FOR AS A COURTESY TO PEOPLE WHO ARE HERE.
[APPROVAL OF MINUTES]
REMINDED THAT WE DO NEED TO APPROVE, UH, THE MINUTES FROM LAST MEETING, AND WE SHOULD PUT THAT AHEAD OF THE CASES.SO LET ME, LET ME DO THAT FIRST.
[00:05:01]
THE, OF THE MINUTES, I'M GONNA GO AHEAD AND JUST DO THAT AS A, AS A VOICE VOTE.I DON'T THINK WE NEED, UM, A ROLL CALL ON THAT.
SO, HAS ANYONE, HAS ALL OF ALL THE COMMISSIONERS HAD AN OPPORTUNITY TO, UH, REVIEW THE MINUTES FROM LAST, LAST MEETING? OKAY.
UH, AND, UH, IF, UH, THE MINUTES ARE, I, I I'LL ENTERTAIN A MOTION, UH, TO APPROVE THOSE MINUTES.
I MOTION OF COMMISSIONER, UH, FRANCIS, SECONDED BY COMMISSIONER LOCKHART.
UH, ALL IN FAVOR OF APPROVING THE MINUTES, PLEASE INDICATE BY SAYING AYE.
OH, UH, SO LET THE RECORD REFLECT THAT, UH, COMMISSIONER VIC HAS JOINED US.
UH, SO THERE'RE BEING, UH, SEVEN A'S AND NO NAYS.
UH, THE, THE MINUTES FROM LAST TIME ARE APPROVED, UH, ROTATING BACK TO PUBLIC HEARINGS.
UH, SO, UH, THIS IS A, MY PROVISIONAL, UH, EXPECTED ORDER FOR THE, THE CASES THIS EVENING.
THE ITEMS ON THE AGENDA, UH, IT SHOULD BE 4, 2, 3, 6, 8, 5, 7, AND 10.
UM, AND THEN JUST, JUST TWO MORE THINGS VERY QUICKLY.
I, I THINK I OMITTED IN MY ROLL CALL THAT WE DO HAVE, UH, THE FIRE MARSHAL'S OFFICE REPRESENTED BY, UM, MARSHALL TRUSDALE, UH, WITH US TODAY IN, IN HIS EX OFFICIO CAPACITY.
AND THEN WE'RE ALSO JOINED TODAY BY THE ASSISTANT, UH, CITY MANAGER, UH, DR. JOHNSON.
THANK, UH, THANKS FOR BEING HERE TONIGHT.
UM, SO WITH THAT, MELANIE, IF YOU WANT TO GO
[4. Case Number: CL 2024-067722]
TO, I BELIEVE WE CITED IT WAS CASE NUMBER FOUR.OH, IN THE APPEAL, YOU'RE GONNA HEAR THAT LAST, CORRECT? UH, CORRECT.
UM, ITEM NUMBER FOUR ON THE AGENDA, CL 20 24 0 6 7 7 2 2 IS A RETURNING CASE REGARDING THE PROPERTY LOCATED AT 7 5 0 1 BLESSING AVENUE.
STAFF EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN JANUARY, 2024 AS THE RESULT OF A COMPLAINT.
THIS CASE IS REGARDING A CIVIC USE PROPERTY THAT HAS HISTORIC SIGNIFICANCE BUT IS NOT DESIGNATED AS A HISTORIC LANDMARK.
THE PROPERTY CAN, HAS EXPERIENCED MULTIPLE FIRE INCIDENTS.
THIS IS ONE, THERE IS ONE PRIMARY AND THREE ACCESSORY STRUCTURES ON THE PROPERTY.
IN AUGUST, 2024, THE COMMISSION ISSUED AN ORDER FOR REPAIR WITHIN 45 DAYS, WITH A PENALTY OF $1,000 PER WEEK TO BEGIN TO ACCRUE ON THE 46TH DAY IF REPAIRS WERE NOT COMPLETE.
NO BUILDING PERMIT HAS BEEN OBTAINED TO MAKE THE REQUIRED REPAIR SINCE THE BSC ORDER WAS ISSUED IN 2024.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY TOTAL IS $50,571 AND 43 CENTS, AND IT CONTINUES TO ACCRUE THE STRUCTURES REMAIN IN DISREPAIR, CREATE A PUBLIC AND AN ATTRACTIVE NUISANCE, AND ARE CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.
WE ARE NOW RECOMMENDING MODIFICATION OF THE EXISTING ORDER TO CHANGE IT FROM REPAIR TO DEMOLITION AND KEEP THE CURRENT PENALTIES IN PLACE.
IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO A THROUGH TWO U EXHIBIT THREE, WHICH CONTAINS A COMPLAINT, AN UPDATED COMPLAINING 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, FIRE INCIDENT REPORTS, A COPY OF THE EXISTING BSC ORDER TRV 20 24 1 0 0 5 7 3, AND A PENALTY STATEMENT THROUGH TODAY'S DATE, EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR Z AND THE RECOMMENDED ORDER CODE INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
GOOD, GOOD EVENING, COMMISSIONERS.
I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS CASE IS BEING BROUGHT TO THE ATTENTION OF THE BSC COMMISSIONERS FOR CONSIDERATION OF DEMO.
THIS WAS A PREVIOUS CASE HEARD AT BSC IN AUGUST OF 2024.
THE STRUCTURE RECEIVED A REPAIR ORDER.
THE LEADERSHIP OF THIS CHURCH HAS BEEN TRYING TO GET SEVERAL ENTITIES TO HELP WITH RECONSTRUCTION OR DEMO.
THE MONEY THAT IS NEEDED EXCEEDS THEIR BUDGET AT THIS TIME.
THEY'RE STILL TRYING SEVERAL AVENUES TO COME INTO COMPLIANCE.
THE CHURCH IS HAVING PEOPLE EXPERIENCE HOMELESSNESS ISSUES AT THIS PROPERTY.
THEY HAVE HAD SEVERAL FIRES AT THE PROPERTY BEFORE AND AFTER THE BSE ORDER TRASH PILES BEING DUMPED ON SITE.
THEY HAVE ALSO HAD SEVERAL PEOPLE THAT WILL CUT THROUGH THE BACK PORTION OF THE PROPERTY TO GET TO THE HOUSING LOCATED OFF BLESSING FROM ST.
THEY'RE TRYING TO GET BUILD FENCE TO SECURE THIS PROPERTY AS WELL.
THE STRUCTURES ON SITE ARE UNSAFE AND UNSOUND DUE TO FIRE DAMAGE AND DISMANTLING OF THE WALL COMPONENTS, AS WELL AS PEOPLE TRESPASSING ON SITE THE CITY
[00:10:01]
DID, OR THE ORIGINAL CLEANUP AT THE TIME OF THE CASE AND THE BOARD AND SECURE.THEN THE PROPERTY CARETAKER HAS DONE SEVERAL CLEANUPS AND BOARD AND SECURES AS WELL.
I'LL NOW TAKE YOU THROUGH THE PHOTOS.
MARKED, UH, FOUR A THROUGH FOUR Z FOUR A IS A, UH, UH, FOUR A IS A CONTEXTUAL PHOTO OF THE MAIN ENTRANCE OF THE CHURCH.
THE ENTIRE INTERIOR OF THE STRUCTURE HAS BEEN DAMAGED BY THE PREVIOUS FIRE.
THE EXTERIOR IS CONSTANTLY MARKED.
THE GRAFFITI NEXT PHOTO, UH, SHOWS THE RIGHT SIDE OF THE CHURCH.
THIS SHOWS THE BACK OF THE CHURCH.
AS YOU CAN SEE, THIS PROPERTY DOES NEED ANOTHER CLEANUP, BUT THE CHURCH HAS ONE SCHEDULED FOR THE SATURDAY, OCTOBER 11TH.
THIS IS THE BACK OF THE CHURCH.
UM, YOU CAN'T SEE TOO MUCH OF THE FIRE DAMAGE UNTIL YOU ACTUALLY GO INSIDE THE CHURCH 'CAUSE OF THE BRICK.
THIS IS THE BACK RIGHT SIDE OF THE, UH, CHURCH AS YOU'RE GOING UP TO THE, THE, UH, BACK INTO THE FRONT OF THE CHURCH.
UM, THIS SHOWS WHERE THE BOARD AND SECURE HAS BEEN REMOVED, PICKED UP.
THEY'RE CONSTANTLY HAVING TO DO IT RIGHT HERE IN THIS AREA OF THE BACK OF THE CHURCH.
UM, THIS IS THE, UH, ACTUAL MONUMENT FOR THE ST.
IT'S RIGHT HERE ON THE FRONT CORNER.
IT'S BEEN ON THERE SINCE THE CHURCH WAS BUILT.
THIS IS THE INTERIOR OF THE MAIN FRONT CHURCH WHERE THE CONGREGATION GATHERS.
IT WAS THE WORST PART OF THE FIRE.
THE WOODEN BEAMS ARE BURNED AND CHARRED.
NEXT PHOTO, A CLOSEUP VIEW OF THE ROOF HAVING FIRE DAMAGE ALONG THE WALLS AND ON THE ALONG THE ROOF.
UH, FOUR J AND 4K ARE MORE EX FOUR J.
YOU CAN SEE THE EXTENT OF THE FIRE DAMAGE ON THE BRICKS ALONG WITH THE WOODEN FRAME AND THE STRUCTURE.
4K, UM, MORE OF THE GRAFFITI, MORE OF THE FIRE, UH, THE EXTENT.
AND THIS IS THE HALLWAY GOING INTO THE A ADD-ON OF THE CHURCH FOUR L.
THIS IS THE EXTENSION OF THE CHURCH THAT RECEIVED THE MOST DAMAGE ALONG THE ROOF OF THE, THE, UH, OF THIS AREA.
THIS IS THE BACK OF THE CHURCH, UH, WHERE SOME OF THE ROOF WAS CAVING IN.
NEXT PHOTO, THIS IS THE OTHER SIDE OF THE CONGREGATION HALL.
THIS IS WHERE THE FIRE KIND OF BLEW OUT.
IT, UH, BLEW OUT ALL THE DOORS RIGHT HERE, WHICH THEY'VE TRIED MANY TIMES TO BOARD AND SECURE, AND THEY JUST KEEP PULLING IT OFF.
THIS IS THE EVE OVER THERE OF THE CONGREGATION.
UH, YOU CAN TELL THAT'S WHERE THE FIRE KIND OF BUSTED OUT OF.
IT'S GOT ALMOST THE WHOLE ENTIRE ROOF ENCASED AND ROTTED, DETERIORATED WOOD.
YOU CAN KIND OF SEE WHERE IT'S BLOWN OUT RIGHT THERE AT THE FASCIA BOARD.
AND THIS GOES ALL ALONG THE EXTENSION ON THE BACK OF THE CHURCH.
NEXT PHOTO, IT'S KIND OF A DOUBLE PHOTO OF THE ONE SIDE OF THE BACK OF THE CHURCH.
AND THEN THE OTHER SIDE, YOU CAN TELL WHERE THE FIRE CAME OUT OF THE BACK, TOOK ALL THAT FASCIA AND ROOF WITH IT, AND THEN WHERE IT WENT TO THE SIDE AND KIND OF CHARRED THAT AREA RIGHT THERE.
THIS IS ACTUALLY THE INSIDE IN THE ROOF WHERE YOU CAN SEE ALL THE WOOD.
YOU CAN JUST TOUCH THE WOOD AND IT JUST KIND OF CRUMBLES OUT.
THIS IS THE EVENT CENTER BUILDING BEHIND THE CHURCH.
THE INTERIOR OF THIS SO FAR IS NOT AS DAMAGED, BUT THIS IS THE BUILDING THAT PEOPLE EXPERIENCE IN HOMELESSNESS ARE USUALLY TRYING TO STAY IN.
SO THEY'RE HAVING A HARD TIME KEEPING THIS ONE BUILDING BOARD SECURED.
EXHIBIT FOUR U NEXT, THIS IS THE EXTERIOR OF THAT EVENT CENTER AND YOU CAN SEE WHERE THIS IS, UH, MORE OF THE ILLEGAL DUMPING ISSUES THAT THEY'RE HAVING.
NEXT PHOTO FOUR V, THIS IS THE BACK.
AND AS THEY BOARD AND SECURE THE BACK DOOR, THEY'RE STARTING TO PULL THE SIDING NOW OFF OF THAT, BACK OF THAT BUILDING TO GET INTO THERE.
SO THEY'RE HAVING A REALLY HARD TIME WITH KEEPING THEM OUT.
THIS IS THE SMALL RESIDENTIAL BUILDING ON SITE.
THE MAIN ISSUE WITH THIS BUILDING IS PEOPLE EXPERIENCING HOMELESSNESS, TAKING DOWN BOARD AND SECURE SEVERAL TIMES AND BRINGING TRASH AND RUBBISH INTO THE STRUCTURE ALONG WITH DISMANTLING
[00:15:01]
THE WALL COMPONENTS IN BETWEEN THE DIFFERENT APARTMENTS.THERE HAS BEEN FIRE DAMAGE IN THIS BUILDING AS WELL.
AS YOU CAN SEE, THE FIRE DAMAGE AND THE WALLS THAT ARE MISSING ARE MOSTLY DECONSTRUCTED.
THE TRASH AND RUBBER THAT HAS BEEN DUMPED ON THE PROPERTY.
THE PROPERTY CARETAKER DOES HAVE A DUMPSTER ON SITE TO TRY TO KEEP UP WITH THE TRASH, BUT HAS HAD SEVERAL INCIDENCES OF ILLEGAL DUMPING THAT HE CANNOT CLEAN UP ON HIS OWN.
THE LAST STRUCTURE ON SITE THAT WAS RECENTLY BURNED AND IS A COMPLETE LOSS.
THIS USED TO BE A SHOWER SLASH RESTROOM BUILDING.
THERE ARE FOUR STRUCTURES ON THE PROPERTY.
THEY HAVE ALL BEEN DESTROYED EITHER WITH FIRE OR WITH PEOPLE EXPERIENCING HOMELESSNESS.
THE STRUCTURES REMAIN IN DISREPAIR, CREATE A PUBLIC AND ATTRACTIVE NUISANCE, AND ARE CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.
I WOULD LIKE THE COMMISSION TO CONSIDER TO ADOPT STAFF RECOMMENDATIONS.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS AND UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED SUBMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR Z.
THE STAFF ASKED THE COMMISSION TO ADOPT THE FOLLOWING ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING OF FACT, THE COMMISSION ISSUED ITS ORDER TRV 20 2400 0 5 7 3 ON AUGUST 28TH, 2024.
FINDING OF FACT THIS ORDER WAS NOT TIMELY APPEALED AND THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED HAS LAPSED FINDING OF FACT IN IN ITS CURRENT ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $1,000 PER WEEK TO BEGIN ON THE 46TH DAY FROM THE DATE THE ORDER IS MAILED TO DATE, PENALTIES HAVE ACCRUED IN THE AMOUNT OF $50,571 AND 43 CENTS AND CONTINUE TO ACCRUE AS OF THE DATE OF THE CO.
AS OF THE DATE THE COMMISSION ISSUED THIS ORDER, THE PROPERTY REMAINS IN VIOLATION.
STAFF ASKED THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
ONE ISSUE, A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER ISSUED ON AUGUST 28TH, 2024, AND RECORDED AS TRV 20 24 1 0 0 5 7 3 IN TRAVIS COUNTY DEED RECORDS ON SEPTEMBER 11TH, 2024.
TWO AFFIRM THE CIVIL PENALTY OF $50,571 AND 43 CENTS ASSESSED FROM THE ORDER ISSUED AUGUST 28TH, 2024 AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE THREE WITHIN SEVEN DAYS FROM THE DATE OF THIS HEARING A FENCE AND SECURE ALL STRUCTURES ON THE PROPERTY.
B, MAINTAIN THE PROPERTY AS A SECURED SITE UNTIL THE DEMOLITION IS COMPLETE.
C, REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH THREE A AND THREE B FOUR.
IF ALL STRUCTURES ON THE PROPERTY HAVE NOT BEEN FENCED AND SECURED WITHIN SEVEN DAYS OF THIS HEARING, A CODE OFFICIAL IS, IS AUTHORIZED TO PROCEED WITH FENCING AND SECURING THE STRUCTURE ON THIS PROPERTY.
B, EXPENSES INCURRED FOR FENCING AND SECURING THE STRUCTURES MAY BE ASSESSED AGAINST THE, AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
FIVE, ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE PRIMARY STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH FIVE A AND FIVE B AND SIX ON THE 46 DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE CIVIC USE STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
OKAY, THANK YOU, MELANIE, AT THIS TIME, WELL, I'M GONNA TURN TO THE EXHIBITS, BUT LEMME ALSO INVITE, UH, I I, WE HAVE A REVEREND MAYS HERE AND ANYBODY ELSE WISHING TO SPEAK ON THIS PROPERTY IF YOU WANNA START MOVING, UH, DOWN FRONT.
AND, UM, UH, AS TO THE, UH, EXHIBITS, UH, WE CAN TAKE THOSE BY UNANIMOUS CONSENT.
SO, UH, IF THERE IS NO OBJECTION,
[00:20:01]
I WILL ADMIT EXHIBIT, UM, UH, PARDON ME, EVERYONE THREE AND FOUR A THROUGH FOUR Z THREE AND FOUR A THROUGH FOUR Z.IS THERE ANY OBJECTION? HEARING NONE.
THE EXHIBITS ARE ADMITTED AND I WILL NOW TURN TO THE PROPERTY REPRESENTATIVES TO SEE, UM, IS IT REVEREND MAYS? AND YES.
WILL YOU BOTH BE SPEAKING OR, UM, I'LL TAKE THE LEAD IN IN SPEAKING, BUT I HAVE WITH ME ALSO THE REVEREND RAY HENDRICKS WHO GIVES LEADERSHIP TO OUR COMMITTEE THAT WORKS ON REST RESTORATION OF THE PROPERTY.
MY NAME IS A W ANTHONY MAYS, UH, SERVE AS LEADER OF THE ST.
UM, THE PROPERTY HAS BEEN REFERRED TO AS A CHURCH, BUT ACTUALLY WE REFER TO IT AS THE TABERNACLE.
UH, IT IS THE FACILITY THAT HOUSES THE ASSOCIATION'S, ACTIVITIES, WORSHIP CONFERENCES, MEETINGS, SPECIAL SERVICES OF FUNERALS, COMMUNITY MEETINGS, AND OF THAT SORT.
AND SO THE PROPERTY ACTUALLY BELONGS TO AN ASSOCIATION OF CHURCHES, AND THAT GROUND IS SACRED GROUND TO OUR COMMUNITY.
IT WAS PURCHASED AFTER THIS PROPERTY, WHICH BECAME HOLLAND MALL WAS PURCHASED IN THOSE YEARS BEFORE MY TIME.
AND THE FUNDS, I BELIEVE FROM THAT SALE ENABLED THE PURCHASE OF 75 0 1 BLESSING AVENUE.
WE'VE RUN INTO THE HARDSHIP OF THE MAINTENANCE OF THE PHYSICAL STRUCTURE AND ALSO THE UNHOUSED HAVE SITUATED THEMSELVES AROUND THE PERIMETER OF THE PROPERTY AND ESPECIALLY DURING THE COLD WEATHER, I BELIEVE.
AND WE TRACE THAT THOSE HAVE BEEN THE REASONS OF THE FIRES THAT PROBABLY HAVE GOTTEN OUT OF HAND, BUT OUR RESOURCES DO NOT ALLOW US AT THIS TIME TO RESTORE THE PROPERTY AS, UH, AS A STEP FOR US.
AND OUR LONG-TERM STRATEGY IS TO ENTER INTO RELATIONSHIP WITH A DEVELOPMENT GROUP THAT IS NON-PROFIT.
AND THE IDEA IS THAT THAT LAND CAN BE UTILIZED FOR HOUSING APARTMENTS IN SUCH A WAY THAT WE CAN SHARE THAT PROPERTY IN THE FUTURE, REBUILD, UH, THE TABERNACLE FOR THE USE OF THE ASSOCIATION FOR OUR MEETINGS.
PLUS ALSO WE WOULD LIKE MORE ACTIVITY ON THAT PROPERTY MORE THAN JUST OUR RELIGIOUS MEETINGS.
BUT COMMUNITY AVAILABILITY SUCH AS A RESOURCE CENTER SUCH AS MEN'S HEALTH, SUCH AS THE OPPORTUNITY EVEN OF A POLICE SUBSTATION.
UM, WE BELIEVE THAT ACTIVITY ON THE PROPERTY ON A DAILY BASIS CAN HELP DETOUR SOME OF THE DAMAGE THAT HAS, UH, BEEN INCURRED BECAUSE OF THE VACANT TIMES WHEN THE PROPERTY HAS NOT BEEN IN USE.
UH, OUR MAIN CONCERN IS TO MAINTAIN OWNERSHIP OF THE PROPERTY FOR THE GENERATIONS OF THOSE AHEAD OF US WHO SACRIFICED TO PURCHASE THAT PROPERTY.
AND WHATEVER THAT WE PLAN OR PROMISED TO DO, WE WANT THE BOTTOM LINE TO BE THAT THE OWNERSHIP OF THAT SACRED PROPERTY REMAINS WITH ST.
I'M NOT QUITE CLEAR ON IF THE COST THAT YOU ARE TALKING ABOUT COMING AGAINST THE PROPERTY, WHAT THAT WOULD MEAN TO OUR OWNERSHIP.
WE RECOGNIZE THE BUILDING IS OLD, THE CORNERSTONE THAT WAS PART OF THE PICTORIAL REPRESENTATION GIVES DATA THAT THAT BUILDING WAS BUILT IN 1958 AND CONSTRUCTED IN 1958.
YOU CAN UNDERSTAND HOW OLD THAT MAIN BUILDING AND THAT THOSE MAIN TWO BUILDINGS WERE, UH, FOR THE 1958 GENERATION.
BUT OF COURSE, WE'D NEED MODIFICATION
[00:25:01]
TO BRING THAT BUILDING AND THAT PROPERTY INTO USEFULNESS FOR GOING FORWARD.WE'D LOVE TO PARTNER WITH THE CITY OF AUSTIN TO MAKE THAT TO BE A HISTORIC PLACE THAT EVEN AUSTIN CAN BECOME PROUD OF FOR WHAT WE'D LIKE TO DO.
THANK YOU SO MUCH FOR YOUR TESTIMONY THIS EVENING.
REVEREND, REVEREND, THANK YOU BOTH FOR BEING HERE.
UM, YOU KNOW, IT'S NOT MY PLACE TO, TO GIVE LEGAL ADVICE TO PEOPLE BEFORE THIS COMMISSION, BUT IIII CAN TELL YOU THAT IT'S NOT WITHIN OUR AMBIT TO HAVE ANY EFFECT ON THE TITLE, UH, TO THIS PROPERTY.
I MEAN, WE'RE, WE'RE CONSI OUR, OUR, UH, AUTHORITY IS CONCERNS THE PROPERTY MAINTENANCE CODE AND SO FORTH.
AND, AND SO THAT, YOU KNOW, THERE'S NO PROSPECT OF ANYBODY TAKING THE PRO THE OWNERSHIP OF THE PROPERTY AWAY.
BASICALLY WHAT WE'RE HERE ON TONIGHT, AS I UNDERSTAND IT, IS THAT THERE'S A REPAIR ORDER IN PLACE AND, AND IN LIEU OF THAT REPAIR ORDER, THE CITY'S PROPOSING A A DEMOLITION ORDER OF THE STRUCTURE, UH, BUT WITH NO EFFECT ON THE OWNERSHIP OF THE, OF THE LAND.
UM, SO I, I GUESS, UH, MY FIRST QUESTION, I, I ORDINARILY DON'T TAKE THE FIRST QUESTION, BUT MY POINT OF PRIVILEGE HERE, IF MY FELLOW INTERMISSIONS WILL INDULGE ME, ARE, DO YOU OBJECT TO, TO THE PROSPECT OF DEMOLISHING THE STRUCTURE TONIGHT? WE WOULD BE WILLING TO SUBMIT OR YIELD TO THE VERY PRACTICAL NEED THAT IF THE BUILDING WERE DEMOLISHED, IT WOULD GIVE US A LONGER TIMEFRAME TO BRING INTO THE PLAN WHAT WE WOULD WANT TO DEVELOP THE PROPERTY.
THE IDEA OF A CONTINUING FEES AND FINES MOUNTING UP, THREATEN OUR OWNERSHIP.
AND SO, UM, LIKE I SAID, 1958 BUILDING, WE WOULD LOVE TO SEE SOMETHING, UM, MORE FEASIBLE, UH, TO OUR PURPOSE.
AND SO, UH, WE WOULD NOT, UH, FIGHT THE DEMOLITION, BUT WE WOULD WANNA PROTECT OUR OWNERSHIP ULTIMATELY OF THE PROPERTY.
UH, REVEREND, UM, I THINK, UM, WHAT I'LL DO NOW, UH, BEFORE I, I OPEN IT UP TO THE COMMISSIONERS.
DO DO YOU HAVE ANY QUESTIONS FOR THE, FOR THE CITY'S REPRESENTATIVES OR ANY, ANYTHING ALONG THOSE LINES? REVEREND HENDRICKS HAS A QUESTION? SURE.
UH, TRYING TO GET A, AN ACCURATE, UH, PROPERTY LINE BECAUSE WHERE THE MAJORITY OF OUR ISSUES COME FROM, THERE'S A CREEK THAT OUTLINES THE PERIMETER OF THE, THE NORTHEAST, NORTHEAST AND WEST SIDE OF THE PROPERTY.
AND WE ARE NOT SURE HOW MUCH OF THAT PROPERTY ACTUALLY BELONGS TO ST.
JOHN AND HOW MUCH BELONGS TO THE CITY.
THERE'S A CREEK, BUTTERMILK CREEK RUNS ALONG THAT AREA AND, UH, THE UNHOUSED CAMP IN THAT AREA, AND THAT'S HOW THEY CUT THROUGH THE FENCE.
I'VE BEEN RESPONSIBLE FOR KIND OF MAINTAINING AND, AND BOARDING UP.
I CAN DO IT TODAY, AND I GUARANTEE YOU TOMORROW THE MAJORITY OF IT WILL BE TORN DOWN, SUCH AS THE BUILDINGS THAT WERE IN THE, IN THE, UH, THAT WERE SHOWN IN THE PHOTOGRAPHS.
UH, WE'VE BEEN DOING IT PRETTY ON A PRETTY REGULAR BASIS UNTIL WE START SEEING, UH, AMMUNITION, CASINGS HANGING AROUND.
SO WE, WE NOT AS, AS EAGER TO, AND SO QUICK TO BOARD UP AS LIKE WE USED TO, BUT THERE'S AN APARTMENT COMPLEX ON THE SOUTH SIDE OF THE PROPERTY, UH, IN A CORNER WHERE THE MAJORITY OF 'EM COME IN.
THE MAJORITY OF THEM HOUSE COME IN.
UH, THAT PLACE HAS A GATED PLACE, BUT IT'S NEVER LOCKED.
AND THEY'VE TORN A HOLE IN THERE, PROBABLY AS WIDE AS THIS TABLE, THESE TWO TABLES ARE.
AND THAT'S A MAJOR ACCESS POINT TO CAMERON ROAD.
SO THE MAJORITY IS COMING RIGHT THROUGH THERE.
THE DUMPING WAS TAKING PLACE, BUT I THINK HERE IN, IN ABOUT TWO WEEKS, ABOUT TWO WEEKS, THREE WEEKS AGO, UH, THE CITY OF BOSTON HAD SOME CAMERAS SET THERE SO THAT THEY COULD TRY TO SEE WHO'S COMING IN AND OUT OF THERE.
UH, TO THIS POINT, I DON'T KNOW IF THEY FOUND IT, BUT I CAN TELL YOU, 'CAUSE SAMANTHA EVERY DAY AND SOMETIMES AT LEAST EVERY OTHER DAY, AND THERE'S SOME NEW DUMPINGS, WE JUST NOT SURE WHO'S DOING IT AND WHAT WE CAN DO TO STOP IT.
SO WE'VE, WE'VE DONE SOME THINGS UP THERE.
WE PUT SOME BIG BOULDERS UP TO STOP THEM GOING AROUND.
THEY CUT THE FENCE OUT AND THEN WE ARE GETTING READY TO, UH, LOCK IT BACK UP AGAIN.
UH, THEY'VE CUT CHAINS, THEY'VE CUT FENCE, SO WE'RE TRYING TO GET SOME NO CLIMB FENCE UP THERE TO TRY TO HELP US WHILE WE CAN KIND OF GET OUR FOOTING.
BUT IF WE COULD FIND OUT AND GET SOME HELP IN CLEARING THAT CREEK OUT, BECAUSE THAT'S
[00:30:01]
WHERE, UH, THEY'RE HIDING.THAT'S WHERE I'VE BEEN OUT THERE THREE AND FOUR O'CLOCK IN THE MORNING TO SEE WHAT'S GOING ON.
AND IT'S A WHOLE COMMUNITY TAKING PLACE OUT THERE, BUT AT DAYBREAK EVERYBODY'S CLEAR AND YOU'LL SEE A LITTLE FOOT TRAFFIC, BUT THAT'S THE MAJORITY OF IT.
SO IT IS A, IT'S AN ONGOING PROCESS.
I SAW WHERE, UH, IT WAS MENTIONED.
IT IS DANGEROUS, UH, NOT JUST THE, THE BUILDING STRUCTURE ITSELF.
UH, I WAS THERE WHEN THE BUILDING WAS BURNING.
I'M A RETIRED FIREFIGHTER, SO WE HAD A BUILDING BURNED PRETTY GOOD, BUT IT WOULD BE GOOD FOR US TO HAVE SOMEBODY THAT CAN TELL US THAT THIS BUILDING, I DON'T KNOW WHETHER WE NEED A STRUCTURAL ENGINEER OR SOMEBODY TO COME OUT AND SAY, THIS BUILDING IS NOT WORTH THIS.
THE, THE INTEGRITY OF IT IS, IS VERY COMPROMISED THAT IT'S BETTER TO TAKE IT ALL THE WAY DOWN.
WE HAVE A LOT OF HISTORICAL, UH, MEMORIES TO IT, SO THERE'S A LOT OF PEOPLE THAT DON'T WANNA SEE IT TAKING IT DOWN BECAUSE OF HISTORICAL REASONS.
BUT IF THAT'S THE MOST FEASIBLE THING, THEN THAT'S WHAT WE NEED TO DO.
AND PASTOR MAYS IS LEADING EIGHT, EIGHT CONGREGATIONS OF FOLK, AND FOR THOSE OF Y'ALL THAT KNOW CHURCH, THAT AIN'T NO EASY TASK.
ASK TO GET EVERYBODY TO BE IN AGREEMENT.
BUT, UH, SO WE JUST LOOKING FOR SOME HELP AND AS WE GET SOME HELP FROM YOU ALL, WE CAN, UH, PASTOR MAYS CAN MAKE SOME DECISIONS AND THEN WE CAN KIND OF, UH, FOLLOW HIM AS HE GIVES US SOME DIRECTION.
UM, SO I, UH, A LOT OF ISSUES THERE.
I I THINK A LOT OF THE ISSUES YOU'RE RAISING ARE PROBABLY BEYOND THE SCOPE OF, OF, UH, YOU KNOW, IN TERMS OF PROPERTY LINES, YOU KNOW, THAT'S A SURVEYING ISSUE, UH, UH, IN TERMS OF THE, YOU KNOW, DEMOLITION.
I MEAN, THAT'S SORT OF WHAT WE'RE HERE ON TONIGHT.
SO, UM, I THINK, UH, A LOT OF THOSE THINGS WILL BE REACHED.
UH, BUT, UM, UNLESS, UH, INVESTIGATOR, DO YOU HAVE ANY QUESTIONS FOR THE PROPERTY REPRESENTATIVE OR BEFORE I TURN TO THE NO.
UM, THEN WITH THAT, I'LL, IS ANY, UH, COMMISSIONER, UH, COMMISSIONER FRANCIS? REVEREND, I JUST WANNA BE SURE I'M REAL CLEAR.
UM, CHAIR ASKED THAT YOU GUYS WERE NOT OPPOSED TO DEMOLITION.
I WANNA BE SURE I HEARD YOU CLEARLY THAT THAT WOULD NOT BE SOMETHING YOU WOULD BE OBJECTED TO.
WHEN WE, WHEN WE LOOK AT THE ALTERNATIVES AND THE BEST ROUTE AT THIS POINT IN TIME, IT APPEARS TO, TO ME AS MODERATOR IS THE TITLE THAT I WEAR MODERATOR, HE CALLS ME PASTOR, BUT, UH, UH, I'M THE MODERATOR THAT IS THE NAME OF THE LEADER OF IT, BUT IT APPEARS TO ME THAT THE DEMOLITION IS THE MOST PRACTICAL AT THIS TIME TO, UH, PREVENT ST.
JOHN FROM BEING VULNERABLE TO A LOT OF OTHER THINGS.
IT WOULD ALSO SEEM FROM THE OFFICER'S COMMENTS THAT WE'VE GOT THOSE, I'M NOT, CERTAINLY NOT A STRUCTURAL ENGINEER, BUT IF YOU HAVE MORE BEAMS AND I MEAN THERE'S SUB SERIOUS STRUCTURAL ISSUES THERE, AND I WOULD THINK THAT MAYBE THOSE FUNDS WOULD BE BETTER SPELLED THAN IN A NEW, NEW FACILITY THAT YOU DESCRIBED SO WELL EARLIER ABOUT PROVIDING, AS OPPOSED TO TRYING TO RENOVATE A BUILDING THAT'S 58 YEARS OLD.
SO I THINK THAT'S PROBABLY THE BEST WAY TO GO FOR Y'ALL.
UH, ANY OTHER COMMISSIONERS? UH, COMMISSIONER LOCKHART.
THANK YOU BOTH FOR YOUR TESTIMONY.
I, I WANTED TO ASK, UM, THE ORDER BEFORE US WOULD ORDER YOU ALL TO DEMOLISH THIS WITHIN 45 DAYS.
IS THAT FEASIBLE FROM YOUR POINT OF VIEW? DO YOU REQUIRE, WOULD ADDITIONAL TIME BE HELPFUL, UM, SO THAT YOU CAN PRESERVE ELEMENTS OF THE BUILDING AS NEEDED? UM, JUST WANTED TO HEAR FROM YOU ALL BEFORE WE CONSIDER THE ORDER TO DEMO TO DEMOLISH WITHIN 45 DAYS.
I WOULD NOT OBJECT TO 45 DAYS BEING IN PLACE.
UH, COMMISSIONER, ANY OTHER COMMISSIONERS BEFORE I, I CLOSE.
I ACTUALLY DO HAVE ONE QUESTION.
I'M NOT SURE THIS MIGHT BE BETTER FOR, UM, UH, UH, DIVISION MANAGER MOORE OR, UH, UH, COUNSEL, DO WE EVER, ARE THERE, ARE THERE, IS THERE A POSSIBILITY OF, SO THERE'S AN EXISTING FINE, WOULD THERE BE A POSSIBILITY OF AN ORDER THAT LEFT THAT FINE IN PLACE, BUT PROVIDED THAT NO FURTHER INTEREST WOULD ACCRUE ON IT? IT'S IN THERE.
I'M GONNA, I'M GONNA PIVOT TO THE, UM, I'M GONNA PIVOT TO THE, UM, I'M GONNA, THERE'S NO OBJECTION.
I'LL CLOSE THE PUBLIC HEARING WHAT THIS MEANS.
IF Y'ALL WOULDN'T MIND, REMAIN AT THE TABLE IN CASE WE HAVE QUESTIONS AND WANNA REOPEN, UH, BUT YOUR SORT OF AFFIRMATIVE, UH, PRESENTATION.
THIS, THIS CONCLUDES THAT AND WE'RE GONNA TALK ABOUT, UH, WE'RE GONNA TALK ABOUT THE CITY'S RECOMMENDATION.
SO THANK YOU BOTH FOR YOUR TESTIMONY.
UM, SO AS A REMINDER TO THE FELLOW COMMISSIONERS, WE, UH, WE HAVE TO TALK ON A PENDING MOTION, SO WE DON'T, WE DON'T DISCUSS UNTIL SOMEBODY'S MOVED.
SO JUST IN KEEPING WITH OUR, OUR PRACTICE THEN, IF WE COULD
[00:35:01]
JUST GET A MOTION TO CLOSE THE PUBLIC HEARING.IT'S BEEN TWO MONTHS
I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UH, SO IT LOOKS AS THOUGH WE HAVE A MOTION FROM COMMISSIONER IBARRA, SECONDED BY COMMISSIONER FRANCIS.
UH, ANY OR ALL IN FAVOR OF SAY AYE? AYE.
UH, IT BEING UNANIMOUS, THE PUBLIC HEARING IS CLOSED AND, AND NOW WE WILL GO TO, NOW I WILL ENTERTAIN MOTIONS ON THE CITY'S, UH, RECOMMENDED ORDER.
UH, COMMISSIONER LOCKHART, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
UH, COMMISSIONER LAHAR RECOMMENDS, UH, ADOPTING STAFF'S ORDER, UH, ANY SECOND? SECOND.
UH, IS THERE ANY DISCUSSION? OKAY, UH, SEEING, HEARING NONE.
SO I'LL GO AHEAD AND PUT THE QUESTION TO THE, TO THE COMMISSION.
SO QUESTION OCCURS ON THE MOTION OF, UH, COMMISSIONER LOCKHART AS SECONDED BY COMMISSIONER IDA, UH, TO WHETHER TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER IN ITS ENTIRETY.
IT'LL BE A ROLL CALL VOTE AND I WILL BEGIN WITH COMMISSIONER KART.
THERE BEING SEVEN AYES AND NO NAYS.
THE, UH, MOTION CARRIES, UM, GENTLEMEN REFERENCE, THANK YOU, UH, FOR BEING HERE TONIGHT.
THE ORDER WILL BE MADE MAILED TO YOU AND IF YOU HAVE ANY QUESTIONS, JUST FOLLOW UP WITH, UH, EITHER INVESTIGATOR.
WELL, WHICHEVER CODE OFFICIAL IS THEN YOUR POINT OF COMMUNICATION.
WE APPRECIATE YOU BEING, UM, FAIR.
[2. Case Number: CL 1998-001351]
A CARD ON ITEM THREE.IS IT OKAY IF I GO TO THAT ONE NEXT OR? YES.
SO AND SO WOULD THE, IF SOMEONE'S HERE ON JESTER, IT LOOKS LIKE IT'S A FILL.
I APOLOGIZE, I CAN'T READ YOUR, YEAH, IF YOU WOULDN'T MIND GONNA APPROACH THE TABLE, YOU'LL BE SORT OF IN THE, THE ON DECK CIRCLE THERE AND I'LL GO TO ITEM NUMBER THREE WHENEVER YOU'RE READY.
ITEM NUMBER, ITEM NUMBER THREE ON THE AGENDA, CL 20 23 0 1 5 1 3 5 IS A RETURNING CASE REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE LOCATED AT 7 6 1 3 CHESTER BOULEVARD.
STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN JANUARY, 2022 REGARDING A VACANT FIRE.
DAMAGE TO STORY RESIDENTIAL STRUCTURE STRUCTURE SUFFERED SEVERE FIRE DAMAGE AND WAS DEEMED UNINHABITABLE IN MARCH, 2023.
THE COMMISSION ISSUED AN ORDER FOR DEMOLITION OF THE STRUCTURE WITHIN 45 DAYS, THE DEMOLITION OF THE STRUCTURE WAS PERFORMED BY THE OWNER AND WAS FINALIZED ON JULY OF 2025.
AT THE CONCLUSION OF THE DEMOLITION, THE SLAB WAS LEFT IN PLACE.
THE SLAB CREATES A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
WE ARE RECOMMENDING A SUPERSEDING ORDER TO REQUIRE THAT THE OWNER FENCE THE SLAB IN YOUR READERS OR GOOGLE DRIVE FO, EXCUSE ME, IN YOUR READER OR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO A THROUGH TWO G EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING 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.
A COPY OF THE EXISTING BSC ORDER TRV 2 0 2 3 0 3 4 3 4 3 54.
AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH 4G AND THE RECOMMENDED ORDER CODE INVESTIGATOR FAIR PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS CASE IS BEING BROUGHT TO THE ATTENTION OF THE BSC COMMISSIONERS TO CHANGE THE ORIGINAL BS ORDER TO AN AGREED ORDER FOR 76 13 JE BOULEVARD.
THE ORIGINAL ORDER WAS PLACED AT THE BSC HEARING AS OF MARCH, 2023.
THE CITY DEMOLISHED THE STRUCTURE ON MAY OF 2025 BUT LEFT THE SLAB PER THE OWNER'S REQUEST.
THE OWNER DID FINANCE THE CITY TO DO THE DEMO.
IT WAS AGREED UPON TO LEAVE THIS SLAB IF IT WAS DEEMED STRUCTURALLY SOUND.
THE OWNER ALSO ASKED TO KEEP THE EXTERIOR ROCK.
MOST WAS SAVED AND HAD TO BE STACKED BEHIND THE FOUNDATION DUE TO HEIGHT AND ISSUES WITH THE DANGER OF THIS LAB.
IT DOES HAVE TO MAINTAIN A FENCE AROUND THIS SLAB.
I WILL TAKE ANY AFTER THE PHOTO IS MARKED FOUR A THROUGH FOUR J FOUR A.
[00:40:01]
PHOTO OF THE FRONT OF THE FOUNDATION AND YOU CAN SEE WHERE HE'S FENCED OFF THAT FRONT PART.UH, FOUR B SHOWS THE FRONT OF THE FENCING ALONG THE FOUNDATION.
FOUR C UM, SHOWS THE GRADUAL GRADE OF THE PROPERTY AND THE BEGINNING OF THE HEIGHT OF THE FOUNDATION ON THE LEFT SIDE.
FOUR D SHOWS THE HEIGHT OF THE FOUNDATION ON THE RIGHT SIDE OF THE PROPERTY.
FOUR E SHOWS THE HEIGHT OF THE BACK OF THE FOUNDATION IS OVER SIX FEET TALL.
FOUR F SHOWS THE STACKED EXTERIOR ROCK AGAINST THE FOUNDATION.
4G IS A CLOSER UP VIEW OF THE STACKED ROCK AND THE FENCE INSULATION AROUND THE, THE FOUNDATION AND FOUR H OH FOUR H OH JUST G.
UM, I WOULD LIKE THE COMMISSION TO CONSIDER TO ADAPT STAFF RECOMMENDATIONS.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS SLAB IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR.
STAFF ALSO ASKED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
IN ORDER THE FOLLOWING ONE, THIS ORDER SHALL SUPERSEDE THE PRIOR ORDER CONCERNING THIS PROPERTY ISSUED AT THE COMMISSION'S MARCH 22ND, 2023.
MEETING RECORDED AS TRV 2 0 2 3 0 3 4, 3, 5, 4, AND TWO WITHIN 30 DAYS OF FROM THE DATE THE ORDER IS ENTERED A OBTAINED AND FINALIZE ALL NECESSARY PERMITS.
B FENCE THE CONCRETE SLAB LOCATED AT THE PROPERTY AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH TWO A AND TWO B.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
AT THIS TIME, IF THERE'S NO OBJECTION, I'LL ADMIT EXHIBITS THREE AND FOUR A THROUGH 4G.
UH, THERE BEING NO OBJECTION, THE EXHIBITS ARE ADMITTED AND I WILL TURN TO, UH, IS MR. PAB? YES.
UH, SO ORDINARILY THE WAY THIS WORKS, IF YOU HAVE ANY QUESTIONS FOR, UH, FOR INVESTIGATOR PRESLEY OR, OR MELANIE, YOU CAN, YOU CAN ASK THOSE OR YOU CAN JUST GO RIGHT INTO YOUR AFFIRMATIVE PRESENTATION.
I GUESS I'M JUST, UH, TRYING TO MAKE SURE THAT I UNDERSTAND COMPLETELY.
AS I UNDERSTOOD IN CONVERSATIONS BOTH WITH THE CITY ATTORNEY AND WITH STAFF, IF I HAD TESTING DONE TO VERIFY THE INTEGRITY OF THE SLAB AND PRESENTED THOSE RESULTS TO THE CITY, THAT THE CITY WOULD BE ABLE TO VERIFY THAT THE SLAB IN FACT WAS STANDARD AND COULD BE BUILT RE REBUILT UPON.
AND THAT IN ADDITION TO THOSE WITH THAT TESTING AND WITH THE FENCING, THAT WOULD ALLOW ME TO LEAVE THE SLAB IN PLACE UNTIL I REDEVELOP ON IT.
AND CAN, CAN WE SPEAK TO THAT? CAN YOU SPEAK TO THAT? THAT'S CORRECT.
SO IF THAT'S, YOU KNOW, SINCE WE'VE ALREADY PROVIDED THE DATA AND, UH, ENGINEERING REPORTS AND SLAB ANALYSIS AND THE CITY'S APPROVED THAT UH, I DON'T KNOW, YOU KNOW, AS LONG FROM WHAT I UNDERSTAND FROM MS. PRESLEY, AS LONG AS WE MAINTAIN THE PROPERTY IN GOOD CONDITION AND MAINTAIN THE FENCING, I CAN KEEP THAT UNTIL WE REDEVELOP ON THE SLAB.
WE JUST HAD TO CHANGE THE ORDER TO REFLECT THAT.
SO IT, UM, SO YOU, IF I'M HEARING CORRECTLY, YOU DON'T REALLY OBJECT TO THE ORDER, UH, AS LONG AS THE ORDER SAYS I CAN KEEP THE SLAB AS IS UNTIL WE REDEVELOP ON IT AS LONG AS WE MAINTAIN THE PROPERTY, YEAH, I'M GREAT WITH THAT.
UM, IF THERE'S NOTHING FURTHER, UH, THEN I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
SO MOVE MOTION TO CLOSE THE PUBLIC HEARING.
I THINK, UH, COMMISSIONER FRANCIS HAD IT BY A HARE, BUT, UH, I'LL CALL IT SECONDED BY COMMISSIONER GILKER AND, UH, ALL IN FAVOR OF, UH, CLOSING THE PUBLIC HEARING.
IF YOU WOULDN'T MIND SITTING TIGHT FOR JUST A MOMENT IN CASE WE HAVE A A HIGHLY UNLIKELY EVENT.
WE HAVE A FOLLOW UP QUESTION, BUT SURE.
WE'RE GONNA DISCUSS IT AMONG OURSELVES NOW.
UM, UH, DO I HEAR A MOTION ON THE CITY'S RECOMMENDATION I MOVE TO ADOPT, UH, STATUS'S PROPOSALS FINDINGS, IN FACT, IN CONCLUSIONS OF LAW AND STATUS'S RECOMMENDATION ORDER IN ITS ENTIRETY.
COMMISSIONER GILKER MOVES TO ADOPT.
UH, SO THE QUE ANY DISCUSSION QUESTION OCCURS ON THE MOTION OF COMMISSIONER GILKER IS SECONDED
[00:45:01]
BY COMMISSIONER IBARRA TO, UH, UH, ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDED ORDER.UH, I'LL PUT IT TO THE COMMISSIONER.
I'LL BEGIN WITH COMMISSIONER GILKER.
THERE BEING SEVEN AYES, NO NAYS.
UM, THANK YOU FOR, UH, YOUR TESTIMONY THIS EVENING AND, UH, THE RELEVANT ORDER WILL BE MAILED TO YOU AND, AND JUST KEEP IN TOUCH WITH WHOEVER, UH, YOU'VE BEEN IN TOUCH WITH AND YOU NEED TO FOLLOW UP.
[3. Case Number: CL 2023-015135]
MELANIE, I THINK WE'LL GO TO, I KNOW THE FIRST, WE DON'T HAVE A CARD ON ITEM TWO, BUT I KNOW WE WERE GOING TO LET SARAH HANDLE THOSE FIRST THREE IN A BLOCK.IS THAT RIGHT? SO WE'LL GO BACK TO ITEM TWO YES.
AND WE DO HAVE OTHER STAFF HERE TO SPEAK AS WELL.
OKAY, IF YOU WOULD LIKE TO, THEN ITEM NUMBER TWO ON THE AGENDA, CL 19 98 0 0 1 3 5 1 IS A RETURNING CASE REGARDING A HISTORICAL STRUCTURE LOCATED AT 6 7 0 6 BLUFF SPRINGS ROAD, AKA 6 7 0 0 BLUFF SPRINGS ROAD, AND ALSO KNOWN AS HORTON DUVAL HOUSE STAFF EXHIBITS CAN BE FOUND IN THE CHARTRES BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING THE HORTON DUVALL HOUSE STATE AND LOCAL HISTORIC LANDMARK AND PRE-CIVIL WAR ERA RESIDENTIAL STRUCTURE.
AFTER SUFFERING FIRE DAMAGE AND FALLING INTO SEVERE DISREPAIR.
IN DECEMBER, 1997, THE COMMISSION ISSUED AN ORDER FOR REPAIR OF THE STRUCTURE WITHIN 120 DAYS, WITH THE PENALTY OF $250 PER WEEK TO BEGIN TO ACCRUE ON THE 121ST DAY IF REPAIRS WERE NOT COMPLETE.
OVER THE YEARS, THE CONDITION OF THE STRUCTURE HAS CONTINUED TO DECLINE AND IS NOW IN A STATE WHERE THE STRUCTURE CAN NO LONGER BE REPAIRED.
AS OF TODAY'S DATE, THE ACCRUED CIVIL PENALTY TOTALS $358,607 AND 14 CENTS, AND CONTINUES TO ACCRUE THE NOTED VIOLATIONS CREATE A PUBLIC AND AN ATTRACTIVE NUISANCE, AND THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
WE ARE RECOMMENDING MODIFICATION OF THE EXISTING ORDER TO CHANGE IT FROM REPAIR TO DEMOLITION THROUGH DECONSTRUCTION OF THE STRUCTURE AND KEEP THE CURRENT PENALTIES IN PLACE.
IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO A THROUGH TWO O EXHIBIT ONE, WHICH CONTAINS A COMPLAINING 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.
A COPY OF THE EXISTING BSC ORDER TRV 0 0 0 0 5 6 5 9 9 5 4.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO OH AND THE RECOMMENDED ORDER CODE INVESTIGATOR, I'M SORRY, CODE INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
COMMISSIONERS NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS PROPERTY BEING BROUGHT FORTH TONIGHT AS AN, AS AN HISTORICAL STRUCTURE LOCATED AT 67 0 6 BLUFF SPRINGS.
THIS PROPERTY HAS AN AGED BSE REPAIR ORDER AND AS MUCH AS THE CITY WANTED TO SEE RESTORATION AND PRES PRESERVATION OF THIS SITE, UNFORTUNATELY HAS FALLEN INTO A MAJOR STATE OF DISREPAIR.
IT IS NOW CONSIDERED DANGEROUS, WHICH WAS EVALUATED BY THE CITY'S STRUCTURAL ENGINEER.
OUR DIVISION HAS ALSO BEEN WORKING CLOSELY WITH THE HISTORICAL PRESERVATION OFFICE CONCERNING THE DETAILS OF THIS PROPERTY, WE HAVE FOLLOWED SUIT WITH ALL RECOMMENDATIONS ON SEPTEMBER 3RD.
THIS CASE WAS PRESENTED BEFORE THE HISTORICAL LANDMARK COMMISSION AND THE CERTIFICATE OF APPROPRIATENESS WAS APPROVED AND RELEASED.
PLEASE NOTE AS WELL THAT WE'RE CLOSELY WORKING WITH AUSTIN RESOURCE RECOVERY ABOUT REUSING THE LIMESTONE BRICKS AND DIVERTING THAT FROM THE LANDFILL.
I WILL NOW TAKE YOU THROUGH PHOTOS.
MARK TWO A THROUGH TWO N TWO A IS A CONTEXTUAL PHOTO OF THE MAIN STRUCTURE.
THE STRUCTURE IS ONLY THREE EXTERIOR WALLS AND TWO INTERIOR WALLS.
THE ROOF AND MOST OF THE WALLS HAVE FALLEN OR CAVED IN TWO B SHOWS A CLOSEUP VIEW OF THE LIMESTONE ROCK TWO C.
THIS WAS THE PART OF THE INTERIOR OF THE STRUCTURE 2D, A BETTER VIEW OF THE DETERIORATION OF THE LIMESTONE ROCK FROM THE ELEMENTS OF NATURE.
TWO EA BETTER VIEW OF THE STRUCTURE NOT HAVING A ROOF, THE
[00:50:01]
TOP OF THE WALL LOSING ROCK AND STARTING TO FALL.TWO FA VIEW OF THE OTHER SIDE OF THE STRUCTURE TO THE INTERIOR.
THIS IS THE, THIS IS THE FRONT OF THE STRUCTURE.
VERY HARD TO GET TO BECAUSE OF THE FENCE WE HAD TO PUT TO KEEP THE PEOPLE, UH, EXPERIENCING HOMELESSNESS OUT.
UM, YOU CAN SEE THE GRAFFITI AS WELL THAT'S BEEN APPLIED TO THE LIMESTONE ROCK TWO H.
THIS IS THE RIGHT SIDE OF THE STRUCTURE AND TWO I, THIS USED TO BE A SOLID WALL, BUT THE PORTION OF IT HAS FALLEN AND TREES ARE GROWING THROUGH THE STRUCTURE.
TWO JA FURTHER AWAY PHOTO OF THAT SAME WALL WHERE YOU CAN SEE A LOT OF THE PORTION UP TO THE LEFT HAS FALLEN IN AND TO THE RIGHT.
THAT USED TO BE A SOLID WALL TO THE OTHER SIDE AS WELL.
2K, SAME EXACT PHOTO WASN'T SUPPOSED TO BE IN THERE.
TWO L THIS IS THE BACK OF THE STRUCTURE.
THIS USED TO HAVE A SOLID WALL ACROSS THE BACK THAN, AND THEN A BACK PATIO.
THE SOLID WALL USED TO BE ON THE LEFT SIDE OF THE WALL ALL THE WAY DOWN TWO M.
IT'S A BETTER PICTURE OF WHERE YOU CAN SEE WHERE THAT GRAFFITI IS ON THAT WALL.
IT USED TO BE A SOLID WALL ALL THE WAY ACROSS AND IT'S BEEN COMPLETELY CAVED IN TWO N.
JUST A FURTHER AWAY PICTURE WHERE YOU CAN SEE ON THE LEFT HAND SIDE, IT USED TO BE THE FIREPLACE THAT USED TO HAVE THREE INTERIOR WALLS AS A WALL FALLING IN.
AND THAT ENTIRE BACK WALL HAS FALLEN DOWN, UH, TWO O THAT IS A FURTHER AWAY BACK PICTURE OF THE STRUCTURE AND OF ONE OF THE ONE OF THE WALLS THAT'S FREESTANDING, I WOULD LIKE THE COMMISSION TO CONSIDER TO ADOPT STAFF RECOMMENDATIONS.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES DI DECONSTRUCTION THROUGH DEMOLITION.
STAFF ASKED THE COMMISSION TO ADOPT THE ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING OF FACT, THE COMMISSION ISSUED ITS CURRENT ORDER ON DECEMBER 3RD, 1997, FINDING A FACT THIS ORDER WAS NOT TIMELY APPEALED IN THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED.
HAS LAPSED FINDING A FACT IN ITS CURRENT ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $250 PER WEEK.
TO DATE PENALTIES HAVE ACCRUED IN THE AMOUNT OF $358,607 AND 14 CENTS AND CONTINUES TO ACCRUE.
AS OF TODAY'S DATE, THE PROPERTY REMAINS IN VIOLATION.
STAFF ASKS THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
ONE ISSUE, A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER ISSUED ON DECEMBER 3RD, 1997 AND RECORDED IN VOLUME 1 3 0 7 6, PAGE 2066 OF THE TRAVIS COUNTY DEED RECORDS ON DECEMBER 8TH, 1997 TO AFFIRM THE CIVIL PENALTY OF $358,607 AND 14 CENTS ASSESSED FROM THE ORDER ISSUED DECEMBER 3RD, 1997.
AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE THREE, ORDER THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DECONSTRUCT THROUGH DEMOLITION ALL PORTIONS OF THE HISTORIC RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOCK, CLEAN AND RAKED AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH THREE A AND THREE B FOUR ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DECONSTRUCTION THROUGH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE HISTORIC RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTRA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENT.
WELL, ACTUALLY NO, WE HAVE OTHER CITY STAFF HERE TOO.
UM, SPEAK AND THERE ARE SOME EXHIBITS IN YOUR, UM, BACKUP IF YOU'D LIKE TO LOOK AT THOSE IN THE, IN YOUR READERS.
SO YOU Y ALL JUST TO MAKE SURE I'M TRACKING, YOU ALL HAVE AFFIRMATIVE TESTIMONY OR, OR ARE YOU MORE OF A RESOURCE WITNESS? I JUST WANNA MAKE SURE I'M,
[00:55:01]
THANK YOU.CAN Y'ALL HEAR ME ALL RIGHT? UH, WE CAN.
ALRIGHT, UH, CALL CONTRERAS AUSTIN, PLANNING HISTORIC PRESERVATION OFFICE.
UM, I JUST WANT TO, UH, BRIEFLY OUTLINE THE DETAILS OF, UH, THE CERTIFICATE OF APPROPRIATE IN THIS CASE FOR Y'ALL.
UM, AS HEARD AND APPROVED BY THE HISTORIC LANDMARK COMMISSION BACK ON SEPTEMBER 3RD, 2025, UH, THANK Y'ALL FOR HAVING US THROUGHOUT 2025.
THE CASE REVIEW AND ESCALATION DIVISION HAS WORKED PROACTIVELY WITH THE CITY'S HISTORIC PRESERVATION OFFICE TO RESOLVE THIS CASE, WHICH BEGAN IN 1996 WITH A FIRE THAT DESTROYED MUCH OF THE BUILDING'S HISTORIC FABRIC.
THOUGH THE RUINS WERE POTENTIALLY SALVAGEABLE AFTER THE INITIAL FIRE.
THE 30 INTERVENING YEARS HAVE LED TO DETERIORATION BEYOND REPAIR AND THE RUINS NOW POSE A SIGNIFICANT SAFETY HAZARD.
THE CRE TEAM RECEIVED FEEDBACK SUPPORTING THE PROPOSAL FROM THE ARCHITECTURAL REVIEW COMMITTEE OF THE HISTORIC LANDMARK COMMISSION ON APRIL 9TH, 2025, AND RECEIVED A CERTIFICATE OF APPROPRIATENESS FOR THE SCOPE OF WORK PRESENTED TODAY FROM THE FULL COMMISSION ON SEPTEMBER 3RD, 2025.
AS THIS BUILDING IS A STATE LANDMARK AS WELL AS A LOCAL LANDMARK HISTORIC PRESERVATION OFFICE STAFF COORDINATED A SITE VISIT WITH THE TEXAS HISTORICAL COMMISSION, UH, THE CRE TEAM AND REPRESENTATIVES FROM THE CITY STRUCTURAL ENGINEERS OFFICE IN JUNE OF 2025 BASED ON THE DETERIORATED CONDITION OBSERVED BY TEXAS HISTORICAL COMMISSION STAFF AND THE RESULT OF THE ENGINEER'S MARCH, 2025 REPORT ON THE STRUCTURE, THE STATE OF TEXAS DEPUTY EXECUTIVE DIRECTOR FOR PRESERVATION PROGRAM SUBMITTED A LETTER SUPPORTING THE PROPOSAL IN JULY OF 2025 AND THIS ITEM MAY BE FOUND IN YOUR BACKUP.
FURTHERMORE, THE HISTORIC LANDMARK COMMISSION AND HISTORIC PRESERVATION OFFICE SUPPORT THE MITIGATION MEASURES PROPOSED BY THE CRE TEAM, INCLUDING RESPECTFUL DECONSTRUCTION AND RECYCLING OF THE REMAINING MASONRY AND FUTURE INSTALLATION OF INTERPRETIVE MATERIALS SO THAT THIS HISTORIC SITE IS NOT FORGOTTEN.
THE HISTORIC PRESERVATION OFFICE AND HISTORIC LANDMARK COMMISSION, UM, ALSO WISH TO REITERATE THAT THIS CASE IS EXTREMELY ATYPICAL AND REMOVAL OF A STRUCTURE DESIGNATED BY CITY COUNCIL AS A HISTORIC LANDMARK IS ADVISABLE ONLY IN THE MOST SERIOUS AND UNTENABLE OF CIRCUMSTANCES.
THE HISTORIC LANDMARK COMMISSION STAFF REPORT AND RECOMMENDATION IN SUPPORT OF THIS PROPOSAL MAY BE FOUND IN YOUR BACKUP AS WELL.
THAT CONCLUDES THE PRESENTATION AND WE'RE AVAILABLE FOR QUESTIONS.
AND, AND SO WE DON'T, AND I'M I'M CORRECT THAT WE DON'T HAVE THE PROPERTY REPRESENTATIVE HERE THIS EVENING.
UM, DO, DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR THE CITY? WE DO HAVE SOME, UH, EXHIBITS TO ADMIT.
LET ME DO THAT NOW IF THERE'S, UH, NO OBJECTION, I, I'LL ADMIT EXHIBITS ONE AND TWO, A THREE, TWO OH.
UH, HEARING NONE THE EXHIBITS ARE ADMITTED.
AND WE ALSO HAVE HISTORIC PRESERVATION OFFICE EXHIBITS.
THEY JUST DIDN'T PRESENT THEM ON THE SCREEN.
SO, SO LIKEWISE WITH THOSE, UH, I'LL GO AHEAD.
IF THERE'S NO OBJECTION, I'LL ADMIT, UM, I'LL ADMIT THE HISTORIC PRESERVATION OFFICE EXHIBITS ANY OBJECTIONS, HEARING AND SEEING NONE, UH, THOSE EXHIBITS ARE ADMITTED.
AND THEN SO BACK TO THE, ANY QUESTIONS FROM THE COMMISSIONERS? MOVE TO CLOSE THE HEARING.
UH, SO COMMISSIONER FRANCIS MOVES TO CLOSE.
UH, THEN, UH, ALL IN FAVOR SAY AYE.
ALL OPPOSED BEING NONE OF THE PUBLIC HEARING IS CLOSED.
UH, IS THERE ANY DISCUSSION? WAIT, SORRY,
SO DO I HEAR A MOTION ON THE COMM? THE CITY'S RECOMMENDATION, COMMISSIONER FRANCIS, UH, MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
COMMISSIONER FRANCIS MOVES TO ADOPT.
UH, IS THERE A SECOND? SECOND.
WELL, IS THERE A DISCUSSION ON THE SECONDED MOTION? HEARING NONE, UH, QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS THAT'S SECONDED BY COMMISSIONER IBARRA TO ADOPT STAFF'S FINDINGS OF FACT, UH, CONCLUSIONS OF LAW AND RECOMMENDED ORDER IN ITS ENTIRETY.
UH, THIS WILL BE A ROLL CALL VOTE AND I'LL BEGIN WITH, UH, COMMISSIONER GILKER.
AYE, CHAIR OTAI THERE BEING SEVEN AYES, NO NAYS.
THE, UH, THE MOTION CARRIES UNANIMOUSLY AND WE WILL MOVE, UH, ONTO THANK YOU FOR BEING HERE TONIGHT.
[6. Case Number: CL 2025-066008]
MOVE TO ITEM NUMBER.WANTED TO GO TO TURTLE CREEK, MAYBE? UH, YES, PLEASE.
UH, ITEM NUMBER SIX, TURTLE CREEK.
UM, ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 20 22 5 6 6 8
[01:00:01]
AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 8 0 8 TURTLE CREEK BOULEVARD.THE EXHIBITS CAN BE FOUND IN THE TEAL BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A SINGLE FAMILY RESIDENTIAL STRUCTURE AND IS CURRENTLY OCCUPIED BY THE TCAT OWNERS' HEIRS, AND THAT'S THE TRAVIS COUNTY APPRAISAL DISTRICT OWNERS' HEIRS.
THE CASE WAS OPENED IN OCTOBER, 2023 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.
THIS STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS, WHICH REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J, AND THE RECOMMENDED ORDER CODE INVESTIGATOR JOHNNY SERNA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
I'M WITH, UH, CITY OF AUSTIN CODE INVESTIGATOR.
THE CASE I AM PRESENTING BEFORE YOU WILL BE FOR 808 TURTLE CREEK BOULEVARD OF AN EXTERIOR INSPECTION THAT WAS MADE.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
ON OCTOBER 27TH, 2023, THE CITY OF AUSTIN RECEIVED A 3 1 1 COMPLAINT FOR THIS PROPERTY, UH, FOR UNSANITARY CONDITIONS.
ON AN INITIAL INSPECTION OF THE PROPERTY ON OCTOBER 31ST, 2023, UH, WE DID VERIFY THAT THERE WERE UNSANITARY CONDITIONS ALONG WITH, UH, MULTIPLE, UH, STRUCTURAL DEFICIENCIES.
EXHIBIT TWO A AND EXHIBIT TWO B ARE GONNA BE CONTEXTUAL PHOTOGRAPHS OF THE SINGLE FAMILY STRUCTURE LOCATED AT 8 0 8 TURTLE CREEK BOULEVARD.
EXHIBIT TWO C IS A PHOTOGRAPH OF AN EXTERIOR SPIGOT MISSING APPROVED, UH, PERMANENTLY ATTACHED HOSE CONNECTIONS ALONG WITH WINDOW SASHES IN DISREPAIR.
NEXT SLIDE, EXHIBITS, UH, 2D AND TWO ARE GONNA BE REPRESENTATIVE EXAMPLES OF MULTIPLE WINDOWS IN DISREPAIR WITH BROKEN WINDOW PANES.
EXHIBIT TWO F IS A PHOTOGRAPH OF A PRIVACY FENCE AND DISREPAIR ON THE LEFT SIDE OF THE HOUSE, UH, INCLUDING LARGE PILE OF DISCARDED BRUSH, ALLOWING FOR THE POSSIBLE, UH, HARBORING OF RODENTS.
YOU CAN ALSO SEE AN ATTACHED ACCESSORY STRUCTURE THAT WAS CONSTRUCTED, UH, IN NEED OF SURFACE UH, COATING.
EXHIBIT TWO G IS A PHOTOGRAPH OF ATIC VENT OR LOUVER AND DISREPAIR.
EXHIBIT TWO H IS ANOTHER REPRESENTATIVE, REPRESENTATIVE EXAMPLE OF UNWORK MAN-LIKE REPAIRS THAT WERE MADE, UH, TO THE ROOFING SYSTEM OF THIS SINGLE FAMILY STRUCTURE.
YOU CAN SEE WHERE THE, UH, ROOF DECKING IS STARTING TO, UH, CAVE.
UM, YOU CAN SEE IT IN THE SAGGING.
YOU CAN ALSO SEE OPENINGS BETWEEN THE RAFTERS AND THE STRUCTURAL, UH, WALLS, ALLOWING FOR THE POSSIBLE INTRUSION OF ELEMENTS INTO THE INTERIOR OF THE STRUCTURE ALONG WITH BERMAN.
EXHIBIT TWO I IS A CLOSEUP OF THAT PREVIOUSLY SHOWN ACCESSORY STRUCTURE THAT WAS ATTACHED, UH, TO THE SINGLE FAMILY, UH, HOME.
UH, IF YOU LOOK, IF YOU TAKE A CLOSER LOOK, UH, TOWARDS THE FOUNDATION, YOU CAN SEE THE AREA OF THE WOOD PANELING HAS BEGUN TO, UH, ROT.
UH, EXHIBIT, UH, TWO J'S PICTURE OF A ROOF VENT IN DISREPAIR, AGAIN, ALLOWING POSSIBLE ENTRY OF RAIN INTO THE INTERIOR OF THE STRUCTURE.
WITH THIS, I CONCLUDE MY PRESENTATION AND STRONGLY URGE COMMITTEE MEMBERS TO ADAPT.
STAFF STAFF'S RECOMMENDED ORDER.
BECAUSE OF, 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 CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER
[01:05:01]
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 C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
SO AT THIS TIME, IF THERE'S NO OBJECTION, I WILL, UM, ADMIT, UH, THE CITY'S CITY'S EXHIBITS.
UM, THOSE WERE TWO, UH, ONE AND TWO A THROUGH TWO J.
UM, I WILL, UH, I HAVE, UH, IS IT DAVID MARTINEZ? OKAY.
UM, IF YOU, IF YOU HAVE ANY QUESTIONS, UH, FOR THE, UH, MR. CERNA, IF NOT, YOU CAN JUST GO STRAIGHT INTO YOUR PRESENTATION.
UM, SORRY, I'M JUST VERY NERVOUS IN FRONT OF PEOPLE, SO IF MY VOICE IS A LITTLE SHAKY, BUT, UH, NO WORRIES.
SO, UM, IF, IF I'M, IF I'M HEARING THIS CORRECT, BASICALLY WHAT, WHAT IT IS IS GIVEN US 45 DAYS TO COMPLETE THE, THE REST OF THE STUFF THAT NEEDS TO BE, UH, FIXED.
IS THAT, IS THAT WHAT THE ORDER IS? DO YOU WANNA I MEAN, THAT, DO YOU WANNA FIELD THAT OR, OR I, YES, I'M SORRY.
THAT IS WHAT THE ORDER'S ASKING FOR THE REPAIRS TO BE MADE WITHIN 45 DAYS.
'CAUSE HONESTLY, I WAS ACTUALLY, UH, ACTUALLY GONNA ASK FOR A TIME.
UM, WE'VE COMPLETED, I DON'T KNOW WHEN'S THE LAST TIME MR. CERNER, YOU'VE BEEN BY THE PROPERTY, BUT, UH, WE ACTUALLY ARE HALFWAY DONE.
I I HAVE A FAMILY FRIEND, HE'S A CONTRACTOR.
HE OWNS A CONTRACTING COMPANY AND HE'S, UH, HELPING US, UH, FREE WITH HIS LABOR FOR FREE.
WE'RE JUST GETTING THE MATERIALS.
UM, SO WE'VE STARTED TAKING DOWN THAT, UH, I GUESS BACK ROOM THAT WAS UN PERMITTED.
UM, THE, THE SPIGOTS, THE, THE, THE BRICKS THAT WERE IN FRONT OF THE HOUSE ARE ALREADY FIXED.
UM, ONE OF THE WINDOWS WAS FIXED, THE CHEAPEST WINDOW WAS FIXED, BUT I ACTUALLY, THE OTHER THREE WINDOWS GOT IN ON MONDAY.
I'M JUST WAITING FOR THEM TO COME PUT THOSE IN AND, UH, FINISH TAKING DOWN THAT, UH, FENCE WHEN THEY FINISHED TAKING DOWN THE REST OF THAT, I GUESS BACK, UH, LITTLE STORAGE AREA THAT WE HAD.
UM, UH, AND THEN THE, THE ROOF, THE, THE PART AROUND THE ROOF, WE JUST NEED TO FINISH THAT.
SO WE'RE, WE'RE ABOUT HALFWAY DONE WITH THE STUFF THAT WAS ON THERE.
UM, AND THEN ONCE WE FINISH THAT, I GUESS I CAN CALL MR. STERNER TO COME OUT AND TAKE A LOOK AT THE STUFF THAT, THAT WE'VE COMPLETED.
UM, BUT YEAH, THAT'S, THIS HOUSE IS MY MOM'S HOUSE.
UM, SHE, SHE PASSED AWAY UNEXPECTEDLY A FEW YEARS AGO.
UM, AND, UH, IT'S JUST, THIS IS, THIS IS JUST OUR FAMILY HOME.
UM, SO WE'VE JUST KIND OF BEEN STRUGGLING TO, TO GET THE FUNDS TO, TO FIX THE STUFF IN THE PAST COUPLE YEARS.
UM, I WAS KIND OF SAVING UP MONEY TO, TO, TO FIX THE STUFF UP.
BUT, UM, MY, MY NIECE PASSED AWAY, UH, DECEMBER 14TH OF LAST YEAR, UM, IN A, IN A HOUSE FIRE.
SO, UH, THOSE FUNDS THAT I HAD PUT ASIDE, WE HAD TO USE THAT FOR, IT HAPPENED IN NEW MEXICO, SO WE HAD TO, IT'S NOT, IT'S NOT VERY CHEAP TO GET, UH, SOME, UH, HUMAN REMAINS BACK TO, TO TEXAS.
BUT WE HAD TO SPEND THAT MONEY THAT WE'RE SAVING FOR THE REPAIRS.
UM, AND, AND THE PROBATE LAWYER THAT WE HAVE TO GET FOR FROM A MOM'S STUFF, UM, WE HAD TO SPEND THAT MONEY FOR THAT.
BUT I SAID, IT'S STARTING TO TRY TO GET BACK ON OUR FEET.
SO WE'RE, LIKE I SAID, I WAS JUST TRYING TO ASK FOR SOME MORE TIME.
AND I GUESS THAT'S, THAT'S KIND OF WHAT WE'RE, I THINK 45 DAYS IS ENOUGH TIME FOR US.
WELL, YEAH, I THINK WE, WELL, AND ALSO TOO, BECAUSE OF MY HOME, I HAVE THE PAPER HERE, MY HOMEOWNER'S INSURANCE MM-HMM
UH, RENEWS ON THE 28TH, AND THEY CAME AND DID LIKE A PRE-INSPECTION AND THE WINDOWS AND STUFF WAS ON THERE.
SO I, WE NEED TO FIX THAT BEFORE THE 28TH.
SO IF YOU CAN GIMME, YOU KNOW, I DON'T KNOW, 45 DAYS IS THE MAX TIME.
BUT LIKE I SAID, MY, MY FAMILY FRIEND, UH, HE HAS A, A CONTRACTING BUSINESS AND HE'S KIND OF HELPING, LIKE I SAID, HE'S HELPING US WITH THE LABOR FOR FREE.
UM, SO THEY'RE KIND OF DOING IT ON THEIR OWN TIME.
UM, I DON'T KNOW IF YOU CAN GIMME A LITTLE BIT MORE THAN 45 DAYS, BUT I MEAN, I HONESTLY, I'LL TAKE WHAT I CAN GET TO BE HONEST WITH YOU, SIR.
UH, TYPICALLY, UH, UP TO WE CAN THIS COMMISSION WITHOUT REQUIRING ADDITIONAL EVIDENCE, UH, PER, PURSUANT TO OUR, THE RULES, UH, THE GOVERN OS WE CAN GO UP TO 90 BEFORE, UH, BEFORE WE HAVE TO ASK YOU TO KIND OF BRING IN ADDITIONAL DOCUMENTATION RIGHT.
SO I THINK THAT, THAT, THAT'S SOMETHING WE, I MEAN, IT'S NOT AUTOMATIC, BUT THAT'S SOMETHING THE COMMISSION COULD ENTERTAIN.
UM, I DON'T NEED 90 DAYS, LIKE I SAID, MY,
[01:10:01]
MY HOMEOWNER'S INSURANCE, THE, THE INSPECTION IS DUE ON THE, ON DECEMBER 28TH.SO, UH, I MEAN IF I, I GUESS IF I CAN ASK FOR 60 DAYS, OBVIOUSLY IT WON'T TAKE THAT LONG, BUT, UH, OKAY.
BUT IF I CAN ASK FOR 60 DAYS INSTEAD OF THE 45, JUST TO GIVE US SOME MORE TIME.
'CAUSE LIKE I SAID, OUR FAMILY FRIEND IS HELPING US.
UM, BUT JUST, YOU KNOW, WHENEVER HIM AND HIS GUYS HAVE TIME SURE.
UM, 'CAUSE THEY'RE DOING IT FOR FREE.
UM, I'M JUST BUYING MATERIALS AND, AND, YOU KNOW, STUFF LIKE THAT.
BUT, UH, IF I CAN GET 60 DAYS, THAT'D BE GREAT.
BUT IF, IF Y'ALL GIMME 45, LIKE I SAID, I CAN TRY TO MAKE DEAL WITH THAT, BUT, OKAY.
WELL, BEFORE I, UH, SO LET ME, I, I GUESS I'LL, UH, INVESTIGATOR STERN, UH, WOULD YOU HAVE ANY STRONG FEELINGS ABOUT 60 DAYS? UH, IF YOU'RE ALLOWED TO COMMENT TO THAT? I, I HAVE NO OB NO OBJECTIONS TO THAT.
SO IF, IF THAT CONCLUDES YOUR AFFIRMATIVE PRESENTATION, UH, UH, OH, DO YOU HAVE A, SORRY.
DO YOU HAVE ANY I, YEAH, I HAVE A QUESTION.
UM, CAN YOU CONFIRM THE NUMBER, NUMBER OF VIOLATIONS THAT WE'RE CURRENTLY WORKING WITH? UH, THERE WERE MULTIPLE VIOLATIONS.
UM, I DON'T HAVE AN EXACT NUMBER IN FRONT OF ME.
THEY HAVE TAKEN CARE OF, UM, MULTIPLE DEFICIENCIES SINCE THE, THE LAST TIME I WAS THERE, WHICH WAS ON SEPTEMBER 26TH OF THIS YEAR.
UM, I DID SEE THAT THEY, THEY DID REPAIR SOME OF THE HOLES IN THE, UM, BRICK.
UM, YEAH, I KNOW LIKE THE, THE CARS ARE GONE.
UH, THERE WAS A, A DRUNK DRIVER.
WE HAD THOSE MASONRY MAILBOXES.
A DRUNK DRIVER RAN INTO ONE ONE NIGHT AND WE TOOK THAT DOWN.
I MEAN, WE, LIKE I SAID, WE'VE DONE QUITE A BIT.
IT'S JUST THIS, YOU KNOW, REMAINING STUFF THAT, UH, THAT NEEDS TO BE DONE.
ANY OTHER QUESTIONS OR, UH, SORRY, WHO DID I, SORRY.
ELAINE GARRETT, ASSISTANT DIRECTOR.
THE OFFICIAL NOTICE THAT WENT OUT OR ORIGINALLY HAD, UH, 14 VIOLATIONS.
I DON'T KNOW HOW MANY WERE ACTUALLY CLEARED AS OF YET.
UM, SO I GUESS AT THIS TIME I'M NOT SEEING ANY OTHER, UH, ANY OTHER LIGHTS.
I REMEMBER TO CHECK WITH OUR COMMISSIONER REMOTING IN.
SO WITH THAT, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC PORTION OF THE HEARING.
UH, SO THAT FROM, UH, COMMISSIONER MUSGROVE, UH, MOVES TO CLOSE THE PUBLIC HEARING.
DID YOU SECOND, UH, UH, SECONDED BY COMMISSIONER FRANCIS? UH, ALL IN FAVOR? AYE.
IF YOU WOULDN'T MIND, JUST IF YOU COULD REMAIN AT THE, AT THE WITNESS TABLE FOR JUST A MOMENT IN CASE WE NEED TO FOLLOW UP WITH ANY QUESTIONS.
BUT, UM, AT THIS TIME, UH, I WILL, UH, JUST, UH, SORT OF RESTATE THE, THE MOTION THAT'S IN FRONT OF US.
UH, THE, THE STAFF'S RECOMMENDED, UH, ORDER IS TO REQUIRE REPAIR WITHIN 45 DAYS.
PRETTY STANDARD ORDER WITH 250 PEN PER WEEK PENALTY.
UH, ON, ON THE 46TH, THE, UH, PROPERTY REPRESENTATIVE IS PRESENT AND HAS INDICATED THAT, UH, IT LITTLE BREATHING SPACE IN THE FORM OF A 60 DAY ORDER WOULD BE PREFERRED.
UH, OF COURSE, WE CAN'T DISCUSS UNTIL I HAVE AN ORDER, UH, RATHER ON MOTION PENDING.
SO, UH, I'LL ENTERTAIN MOTIONS AT THIS TIME.
UH, COMMISSIONER FRANCIS CHAIR, I'LL MOVE, UH, MOVE TO ADOPT STAFFS PROPOSED FINDINGS OF FACTS, CONCLUSION OF LAW.
STAFFS RECOMMENDED AN ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER IN SECTION ONE TO FROM 45 DAYS TO 60 DAYS, AND THE CHANGING SECTION TWO FROM 46 DAY TO THE 91ST DAY.
MEMBERS, YOU'VE HEARD THE MOTION, UH, COMMISSIONER FRANCIS MOVES TO ADOPT STAFFS, UH, RECOMMENDED ORDER MODIFYING 45 TO 60 AND FROM, SORRY.
AND FROM 46 TO 61, IS THERE A SECOND? SECOND.
UH, MEMBERS, IS THERE ANY DISCUSSION ON THE SECONDED MOTION? OKAY.
UH, HEARING NONE, I WILL GO AHEAD AND, UH, PUT THE QUESTION TO THE COMMISSION.
AND, UH, SO ON QUESTION OCCURS ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER IBARRA TO ADOPT STAFF FINDINGS BY CONCLUSIONS OF LAW AND RECOMMENDED ORDER WITH MODIFICATION, UH, MAKING IT A 60 DAY ORDER WITH PENALTIES BEGINNING ON 61ST.
IT'LL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER GILKER.
THERE BEING SEVEN AYES NO NAYS.
UH, MR. MARTINEZ, YOU UNDERSTAND EVERYTHING OKAY.
WELL, IT'S GONNA BE, IT IS GONNA BE 60 DAYS.
THE ORDER WILL BE MAILED TO YOU AND JUST, UH, REMAIN IN, IN TOUCH WITH, UH, INVESTIGATOR
THANKS SO MUCH FOR YOUR TESTIMONY TONIGHT.
I JUST WANNA SAY ONE THING ALSO, UM, JUST KEEP YOUR RECEIPTS, UH, JUST IN CASE FOR WHATEVER REASON YOU DO GO OVER THAT 60 DAYS,
[01:15:01]
YOU KNOW, WE, WE HAVE AN OFFSET, UH, PROVISION.SO WHATEVER YOU EXPEND OR YOU SPEND ON THE REPAIR CAN BE OFFSET ON IF ANY PENALTIES ACCRUE GOING OVER THE 60 DAYS.
AND SO, I DON'T KNOW IF THIS IS THE, I THINK I WANT TO VARY
[5. Case Number: CL 2025-054292]
FROM THE ORDER I QUOTED AT THE BEGINNING.I, I THINK I WANT TO GO TO NUMBER FIVE BECAUSE I DO HAVE A CARD ON FIVE.
I BELIEVE THAT'S, AM I RIGHT THAT ITEM FIVE IS 51 0 3 VALLEY OAK? YEAH.
IS IT, IS THAT CONVENIENT TO GO TO THAT ONE NEXT? OKAY, THAT'S FINE.
AND SO IF YOU'RE HERE, I, IT LOOKS LIKE WE HAVE A, UH, MR. LINDEN SCHMIDT.
UM, YOU'RE ON DECK IF YOU WANT TO COME DOWN TO THE, THE TABLE.
AND, UM, AND THEN I WILL GO TO MELANIE WHENEVER YOU'RE READY.
ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 2 25 0 5 4 2 9 2.
AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 5 1 0 3 VALLEY OAK DRIVE.
THE EXHIBITS CAN BE FOUND IN THE PERIWINKLE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THE CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT HAS BEEN VACANT FOR TWO YEARS.
THE CASE WAS OPENED IN SEPTEMBER OF 2023 AS A 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 COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND A POLICE ACTIVITY REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G IN THE RECOMMENDED ORDER CODE.
INVESTIGATOR RICHARD LEMON CUSA IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR LEMAN CUSA, PLEASE BEGIN YOUR TESTIMONY.
THANK YOU FOR HEARING THIS CASE.
RICHARD CUSA, NORTH TEAM INVESTIGATOR 51 0 3.
VALLEY OAK IS A SINGLE FAMILY HOME IN A NEIGHBORHOOD OF SIMILAR HOMES NEAR HANCOCK BALCONES, JUST WEST OF MOPAC.
THE NEIGHBORHOOD HAS LOTS OF PEDESTRIAN USE.
HIGHLAND PARK ELEMENTARY IS A FIVE MINUTE, TWO AND A HALF BLOCK WALK FROM THE SITE.
PERRY NEIGHBOR PERRY NEIGHBORHOOD PARK IS ALSO PART OF THE HIGHLAND PARK CAMPUS CODE HAS RECEIVED 14 NEIGHBORHOOD 3 1 1 CALLS ABOUT THIS SHUTTERED CONSTRUCTION PROJECT.
SINCE THE BUILDING PERMITS EXPIRED IN LATE 2023, CODE HAS BOARDED THE STRUCTURE SEVERAL TIMES.
CODE HAS MET WITH AUSTIN POLICE TO ADDRESS TRESPASSING, A NEIGHBORHOOD THEFT VIOLATIONS THAT ARE RELATED TO A PEH LIVING IN THE VACANT STRUCTURE.
THE SITE IS A BLIGHT AND AN INVITATION TO CRIMINAL NUISANCE.
THREE CITATIONS WERE ISSUED AND HEARD AT ADMINISTRATIVE HEARING WHILE CODE ATTEMPTED TO BRING THE PROPERTY INTO COMPLIANCE.
LIENS FOR THE EFFORTS TO SECURE THE PROPERTY AND FINES FROM ADMINISTRATIVE HEARINGS ARE PLACED IN FOR THIS PROPERTY.
NOTICE OF VIOLATIONS HAVE BEEN SENT TO OWNER OF RECORDS, OWNER OF RECORDS THAT ARE AVAILABLE IN THE MUNICIPAL AND STATE DATABASE AND HAVE BEEN POSTED AT THE PROPERTY.
NEXT, WE'LL LOOK AT THE EXHIBITS PHOTOS TWO A THROUGH TWO G TWO A.
THIS IS A PUBLIC VIEW, UH, CONTEXTUAL PHOTO FROM THE STREET IN VALLEY OAK IN THE MIDDLE OF THE ROAD.
EXHIBIT TWO B AS THE NOTICES POSTED AT THE PROPERTY, ADJACENT SITE NEIGHBOR ON THE LEFT, TWO C VIEWED DOWN THE SIDE YARD DRIVEWAY ON THE LEFT SIDE.
INCOMPLETE STRUCTURE WITH NO SIDING OR ROOF.
2D STRUCTURE FROM RIGHT SIDE CITY OWNED PROPERTY NEAR HANCOCK DRIVE EXHIBIT TWO E REAR THE STRUCTURE FROM THAT SIDE, NO SIDING, NO ROOF, NEW PLYWOOD FROM SECURING THE VACANT STRUCTURE CAN BE SEEN.
TEMPORARY POWER POLE HAS BEEN DISCONNECTED BY AUSTIN ENERGY TO PREVENT TRESPASSERS FROM USING THE POWER TWO F CONSTRUCTION RUBBISH IN THE YARD AND THE NEIGHBOR'S OCCUPY PROPERTY VISIBLE ACROSS THE FENCE, TWO G CONSTRUCTION, RUBBISH AND REAR YARD.
AND ON CITY OWNED LOT, THE MO THE MOPAC WALL IS VISIBLE IN THE BACKGROUND CODE REQUESTS THAT THE PROJECT HAVE THE PERMITS REINSTATED IN THE CONSTRUCTION BE COMPLETED TO CREATE A COMPLIANT RESIDENCE AND CORRECT THE BLIGHT AND NUISANCE VIOLATIONS.
[01:20:01]
CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE THAT, I'M SORRY, FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURES AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, THANK YOU, UH, MELANIE AT THIS TIME.
AND THANK YOU INVESTIGATOR LAA.
AT THIS TIME, UH, I WILL ADMIT THERE'S NO OBJECTION.
I'LL ADMIT EXHIBITS ONE TO A TWO G.
AND MR. UH, LINEEN SCHMIDT, UM, IF YOU WOULD, UH, AT THIS TIME, IF YOU HAVE ANY QUESTIONS, UH, FOR THE INVESTIGATOR, UH, OR THE PRESENTER, YOU CAN, UH, YOU CAN ASK THOSE OR FEEL FREE TO JUST, UH, PIVOT RIGHT TO YOUR PRESENTATION.
JUST DO STATE YOUR NAME FOR THE RECORD, PLEASE.
HI, MY NAME IS JASON LINDEN SCHMIDT.
I LIVE AT 52 0 8 VALLEY OAK DRIVE.
I'VE LIVED THERE WITH MY FAMILY SINCE 2003.
UH, I ALSO LIVE RIGHT DOWN THE STREET FROM 51 0 3 VALLEY OAK DRIVE, UH, THE SUBJECT PROPERTY.
SO, COUPLE OF, OF LITTLE BIT OF BACKGROUND.
THE HOME WAS PURCHASED IN 20, UH, UH, 2021.
THE WORK STARTED IN 22 TO RENOVATE THE HOME AND ADD THE ADDITIONAL SQUARE FOOTAGE AFTER GUTTING.
MOST OF THE HOME WORKS STOPPED IN LATE 22 AND NOTHING HAS BEEN DONE SINCE.
AS YOU CAN SEE, IT'S CURRENTLY DOWN TO THE STUDS.
HALF OF THE HOME HAS A ROOF, THE OTHER HALF DOES NOT.
UM, MY UNDERSTANDING IS A HOME WAS RECENTLY FORECLOSED ON AND IS NOW OWNED BY A BANK.
UM, AND IT'S CURRENTLY, AND YOU CAN SEE FROM THE FIRST PICTURE THAT WAS PRESENTED, THERE IS A FOR SALE SIGN.
I DON'T KNOW IF THAT CHANGES ANYTHING HERE.
UM, BUT IT DOES HAVE A DIFFERENT OWNER THAN IT, THAN, UM, THAN IT HAD PREVIOUSLY.
UM, AS WAS DOCUMENTED, THE HOMES HAD NUMEROUS CITY CODE VIOLATIONS INCLUDING ACCUMULATION OF GARBAGE, UNSAFE STRUCTURE, DEFACE OF PROPERTY, GRAFFITI, UM, BUILDING BEING UNSECURED, EXPIRED PERMITS AND, AND, AND, AND MANY MORE.
UM, SINCE THE HOME WAS ABANDONED IN 22, WE'VE HAD MANY HOMELESS PEOPLE TAKE UP RESIDENCE IN THE HOUSE WITH DOCUMENTATION OF DRUG USE AND THEFT THROUGHOUT THE NEIGHBORHOOD.
UH, THE HOME IS PLAYED HOST TO A HUNDRED PERSON HIGH SCHOOL PARTY, LARGE ENOUGH THAT IT REQUIRED THE POLICE TO COME BREAK IT UP.
UH, THE PROPERTY IS CONSTANTLY OVERGROWN, UNKEPT, AND UNSAFE.
THE CITY HAS COME OUT MULTIPLE TIMES TO BOARD UP THE STRUCTURE ONLY TO HAVE IT FORCED INTO TIME AND TIME AGAIN.
THE MOST RECENT HOMELESS PERSON THAT TOOK UP RESIDENCE HAS A CRIMINAL RECORD, INCLUDING CHARGES OF ASSAULT AND BATTERY.
AFTER NUMEROUS 3 1 1 CALLS, HE WAS ARRESTED ON BACK ON MAY 9TH, EXCUSE ME, ONLY TO BE RELEASED ON MAY, EXCUSE ME, ONLY TO BE RELEASED ON MAY 10TH AND RETURNED BACK TO THE HOUSE.
SO I'M HERE TONIGHT SPEAKING FOR MANY OF THE NEIGHBORS ON VALLEY OAK ASKING FOR THE CITY TO CONSIDER DEMOLITION OF THE HOME.
UH, THE CURRENT STRUCTURE IS NOT SALVAGEABLE, IT'S NOT SAFE, EXCUSE ME.
IT'S NOT SAFE OR USABLE TO BUILD OFF FROM AS IT'S BEEN IN THE OPEN ELEMENTS FOR OVER THREE YEARS NOW.
UH, DEMOLITION OF THE STRUCTURE WOULD ALLEVIATE THE HOMELESS SITUATION.
REMOVE AN EYESORE, ALLOW RESIDENTS SURROUNDING THE HOME, INCLUDING A LARGE NUMBER OF CHILDREN TO FEEL SAFE AND HOPEFULLY EXPEDITE THE SALE OF THE PROPERTY FOR ACTUAL DEVELOPMENT.
ALRIGHT, THANK YOU FOR YOUR TESTIMONY.
UH, DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR EITHER THE CITY OR, OR WITNESS? YES.
UH, FIRST FOR COUNSEL, UM, CAN YOU REMIND ME OF THE NON-HOMESTEAD RESIDENTIAL FEE LIMIT PER VIOLATION PER DAY? I, YES, THAT WOULD BE $1,000 PER VIOLATION
[01:25:01]
PER DAY.AND THEN, UM, FOR CITY STAFF, I, I THINK I COUNT NINE VIOLATIONS, IS THAT CORRECT? I'M SORRY, COULD YOU REPEAT THAT? I THINK I COUNT NINE VIOLATIONS, IS THAT CORRECT? THAT IS CORRECT, YES.
ALRIGHT, UH, THANK YOU COMMISSIONER.
ARE THERE ANY OTHER QUESTIONS? IS IT, UH, COMMISSIONER FRANCIS? I'M SORRY, JIM.
ANY CONVERSATION WITH THE OWNERS AT ALL? KIND OF READING THROUGH THE NOTES? THERE'S A LOT HERE.
UM, NO, THERE'S BEEN NO CONTACT FROM THE PREVIOUS OWNER AND EVER SINCE THE RECENT, RECENTLY THE BANK FORECLOSED ON IT.
WE HAVEN'T HEARD ANYTHING FROM THEM EITHER.
AND HOW MANY A PD CALLS? UH, I THINK IT WAS 14.
I THOUGHT I'M LIMITING YOU, BUT GO AHEAD,
UM, DEMOLITION WOULD SATISFY THE REPAIR ORDER, CORRECT? YES.
UH, I WILL, UH, ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UH, SO, SO MOVED BY, UH, COMMISSIONER MUSGROVE.
SECONDED BY COMMISSIONER FRANCIS.
SO THE PUBLIC HEARING IS, UH, CONCLUDED.
UH, I WILL ENTERTAIN MOTIONS ON THE CITY'S RECOMMENDED ORDER.
I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT INCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
UH, MEMBERS, UH, THOSE COMMISSIONER LOCKHART.
SO MEMBERS, YOU'VE HEARD THE MOTION, UH, COMMISSIONER FRANCIS, UH, RECOMMENDS ADOPTING STAFF'S RECOMMENDED ORDER.
IT'S SECONDED BY COMMISSIONER LOCKHART.
I'LL ENTERTAIN DISCUSSION NOW.
UH, COMMISSIONER, UM, YEAH, I, I THINK MY MAIN QUESTION IS AROUND THE $250 PER WEEK PENALTY.
UM, THIS IS NOT A HOMESTEAD PROPERTY.
UM, I, I DON'T, I DON'T KNOW WHAT THE CORRECT AMOUNT IS, BUT I DO NOT THINK IT'S $250 PER WEEK.
AS A CLARIFICATION COUNSEL, YOU SAID A THOUSAND DOLLARS PER VIOLATION PER DAY.
COMMISSIONER BROOK? YES, AS LONG AS IT'S NOT A HOMESTEADED PROPERTY, THAT IS THE MAXIMUM, UM, UNDER STATE LAW.
SO JUST TO AMEND MY MOTION,
SO THE WAY, UM, THE WAY AMENDMENTS WORK IS THE AMENDMENT ITSELF, UH, EVEN EVEN IF PROPOSED BY THE AUTHOR, DOES HAVE TO BE SECONDED AND ADOPTED.
AND IF, IF IT IS ADOPTED, THEN WE GO BACK TO THE MAIN MOTION AS AMENDED.
IF IT'S NOT ADOPTED, WE GO BACK TO THE MAIN MOTION AS NOT AMENDED AS IT WAS ORIGINALLY PRESENTED.
SO, UH, RIGHT NOW WE HAVE AN UN SECONDED MOTION BY THE AUTHORS.
WE KNOW IT'S ACCEPTABLE TO THE AUTHOR.
SO WHAT WE HAVE NOW IS, UH, SO A MOTION TO AMEND THE MOTION OF COMMISSIONER FRANCIS, WHICH WAS TO ADOPT STAFF'S FINDINGS.
IN FACT, CO CONCLUSIONS LAW RECOMMENDED OR IN ITS ENTIRETY THERE CURRENT, CURRENTLY PENDING.
WE HAVE A MO A MOTION TO AMEND THAT MOTION BY COMMISSIONER FRANCIS, CHANGING AND SECONDED BY COMMISSIONER MUSGROVE CHANGING THE CIVIL PENALTY FROM TWO 50 TO, UH, 1000.
UH, IS THERE ANY DISCUSSION ON THAT AMENDMENT BEFORE I PUT THE AMENDMENT TO THE BODY? HEARING NONE, I'M GONNA GO AHEAD AND, AND, AND CALL THAT.
SO THIS, WE'RE ON THE AMENDMENT FOLKS AND IT'S GONNA START WITH, UH, BE A ROLL CALL VOTE.
AND THEN WE'LL START WITH COMMISSIONER, UH, GILKER.
OH, SO IT'S PER DAY PER VIOLATION.
PER VIOLATION? YES, THAT'S CORRECT.
SO, UM, UH, WHERE WE LEFT OFF, UH, WE HAD, WE HAD COMMISSIONER, UH, YOKER IBARRA AND MUSGROVE VOTED AYE UH, COMMISSIONER VIC.
AYE, UH, COMMISSIONER LOCKHART.
[01:30:01]
UH, CHAIR VOTES.THERE BEING SEVEN AYES, NO NAYS, THE AMENDMENT, UH, UH, TO THE MAIN MOTION AS ADOPTED.
UH, IS THERE ANY DISCUSSION ON THE MAIN MOTION AS ADOPTED BEFORE? UH, WE CALL THAT? OKAY, SO WE'RE ON THE MAIN MOTION AS ADAPTED BY COMMISSIONER FRANCE'S AMENDMENT.
UH, JUST TO RESTATE IT, ADAPTING STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, RECOMMENDED ORDER 45 DAY REPAIR ORDER, EXCEPT THAT, UH, IN LIEU OF THE 250 PER WEEK, IT'S 100 AND IT'S IT'S 1000 PER DAY.
WITH THAT, UH, AGAIN, IT'LL BE A ROLL CALL VOTE AND I'LL BEGIN WITH COMMISSIONER GIL.
THE MOTION AS AMENDED IS ADOPTED AND, UH, WE CAN MOVE ON TO OUR NEXT ITEM, WHICH I THINK EARLIER I, I SAID I WAS GONNA GO TO EIGHT.
I WANNA MAKE SURE SOMEBODY'S HERE ON EIGHT, UH, BECAUSE I DON'T SEE A CARD ON IT AND I DON'T THINK I SEE ANYBODY ON THE SCREEN.
AND SO IF THERE'S NO, OH, I'M SO SORRY.
OH, JUST A QUICK QUESTION ON IF THEY DEMO THE HOUSE, I'M ASSUMING THAT WOULD SATISFY IT WOULD, SO THAT WOULD BE THE, THE PUSH.
YEAH, YEAH, IT'S, THAT WOULD BRING IT INTO COMPLIANCE.
SO, SO BEFORE, BEFORE WE GO TO EIGHT THOUGH, I WANNA MAKE SURE THERE'S SOMEONE HERE.
'CAUSE IF NOT THERE IS SOMEONE ON THE PHONE SHOULD BE HERE.
[8. Case Number: CL 2025-082106]
LET'S DO EIGHT THEN.THERE, I THINK THEY'RE ON THE PHONE.
YEAH, I JUST GOTTA, YEAH, SO WE'LL GO TO EIGHT.
UM, ITEM NUMBER EIGHT ON THE AGENDA IS CASE NUMBER CL 2 2 5 8 2 6.
AND RE IS REGARDING THE PROPERTY LOCATED AT 4 3 1 3 SOUTH FIRST STREET, ALSO KNOWN AS 4 3 1 5 SOUTH FIR FIRST STREET, AND ALSO KNOWN AS ICONIC AT SOUTH FIRST APARTMENTS.
STAFF EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS, THIS COMMERCIAL MULTIFAMILY STRUCTURE IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM AND IS VACANT, BOARDED AND SECURE.
THE CASE WAS OPENED IN JANUARY, 2025 AS A RESULT OF A COMPLAINT BECAUSE OF A FIRE, THERE ARE NO ACTIVE TRADE PERMITS RELATED TO THE CITED DEFICIENCIES.
THE COMMERCIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH HAZARDOUS CONDITIONS THAT REQUIRE REPAIR.
IN YOUR READER OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND A FIRE INCIDENT REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H, AND THE RECOMMENDED ORDER CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
I'M CODE INSPECTOR ERIC FINN WITH THE DEVELOPMENT SERVICES CODE COMPLIANCE DIVISION.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS COMMERCIAL MULTIFAMILY STRUCTURE WITH ABOUT 48 UNITS LOCATED AT 4 3 1 3 SOUTH FIRST STREET.
ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT, THE OWNER OF RECORD IS LISTED AS WPOI, AUSTIN FAMILY, EXCUSE ME, WPOI, AUSTIN MULTIFAMILY, LLLC.
SINCE SEPTEMBER 26TH, 2024, THE PROPERTY HAS BEEN REGISTERED AS PART OF THE RENTAL REGISTRATION PROGRAM FOR REPEAT OFFENDERS.
UH, ON JANUARY THE SECOND 2025, I CONDUCTED AN INSPECTION AT THIS PROPERTY.
UH, AFTER MY ARRIVAL AT THIS PROPERTY, I OBSERVED THAT THE MILLING BUILD THE MIDDLE BUILDING STRUCTURE LOCATED AT THIS PROPERTY, SUSTAINED DAMAGE DUE TO FIRE TO INCLUDE SOME OF THE ADJACENT APARTMENTS, UH, AT THE PROPERTY NOTICES A VIOLATION WERE SENT OUT TO THE PROPERTY OWNER PER RECORD, UH, ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT AS OF JANUARY 3RD, 2025.
IN ADDITION, NOTICES OF VIOLATION WERE UPDATED AND ADDRESSED TO THE NOW CURRENT OWNER, WPOI, AUSTIN MULTIFAMILY, LLC.
UPON DISCOVERING A CHANGE OF OWNERSHIP IN THE TRAVIS CENTRAL APPRAISAL DISTRICT, AS OF MAY THE EIGHTH OF 2025, SUBSEQUENT FOLLOW UP INSPECTIONS AT THE PROPERTY HAVE RESULTED
[01:35:01]
IN FINDINGS OF UNSECURED VACANT APARTMENT UNITS THAT WERE BOARDED BUT NOT MAINTAINED DUE TO TRANSIENT ACTIVITY AND LACK OF REPAIR OF FIRE DAMAGE THROUGHOUT THE BUILDING STRUCTURES WITH EXPOSED OR OPEN ROOF TO THE MIDDLE BUILDING STRUCTURE LOCATED AT THE PROPERTY.I'LL NOW BEGIN MY PRESENTATION.
EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW OF THE ENTRANCE OF THE PROPERTY.
THE PROPERTY UP FRONT IS A COMMERCIAL BUSINESS PROPERTY ADDRESSED AS, UH, 4 3 1 5 SOUTH FIRST STREET.
THE APARTMENT COMPLEX IS LOCATED BEHIND THIS BUSINESS COMPLEX.
EXHIBIT TWO B IS THE FIRST BUILDING TO THE LEFT BEHIND THE BUSINESS PLAZA.
YOU'LL NOTE MANY OF THE WINDOWS ARE BOARDED, THE BACK FENCE IS BOARDED.
THIS IS THE PRIMARY STRUCTURE OF THE MIDDLE BUILDING STRUCTURE THAT WAS DAMAGED.
NOTE, MANY OF THE WINDOWS ARE BOARDED, HOWEVER, THE ROOF HAS A TARP, BUT THE TARP IS TORN.
THERE'S AN EXPOSED ROOF AND THERE'S TRASH IN FRONT OF OR BEHIND THAT FENCE LOCATED IN THE FRONT OF THE BUILDING THERE.
THIS IS JUST A CLOSEUP VIEW SHOWING ONE OF THE DAMAGED UNITS, UH, WHERE THE TOP IS OVER THE EDGE, BUT YOU CAN SEE THROUGH THE WINDOWS TO THE ROOF.
AND ALTHOUGH DOORS ARE BOARDED UP, UH, THAT BOTTOM LEFT DOWN THERE, THAT DOOR HAS BEEN BROKEN INTO.
EXHIBIT TWO E IS A CLOSEUP SHOWING THAT THE DOOR IS OPEN DAMAGED AND THE BOARDS ARE ON THE SIDE THERE.
THERE'S ANOTHER VIEW OF ANOTHER SECTION OF THE BUILDING WHERE THE WINDOW IS BROKEN.
UH, THERE'S A HALF TORN OR WORN TARP ON THE ROOF, BUT YOU CAN STILL SEE THROUGH TO THE ROOF IN THIS SECTION.
NEXT EXHIBIT, EXHIBIT TWO G SEWS ANOTHER SECTION OF ONE OF THE BUILDINGS WHERE ELECTRICAL DISCONNECT BOXES ARE THAT ARE NOT IN USE, BUT IT HAVE EXPOSED ELECTRICAL WIRING.
AND THERE'S A CLEAN OUT PIPE THAT IS OPEN, UH, NEAR THE ELECTRICAL BOXES THERE.
NEXT EXHIBIT EXHIBIT TWO H IS A CONTEXTUAL VIEW SHOWING THE PARKING LOT BETWEEN THE APARTMENT COMPLEX AND THE BUSINESS PLAZA THAT YOU'LL NOTE.
THE WATER, THE STANDING WATER IN THE PARKING LOT IS A SEWAGE LEAK, UH, DUE TO RECENT DEVELOPMENTS.
UM, AS OF SEPTEMBER THE 24TH, UH, THAT LEAK HAS OCCURRED TWICE, UH, THEY'VE ATTEMPTED TO REPAIR IT.
HOWEVER, IT'S STILL BEEN AN ONGOING ISSUE GIVEN THE VACANCY AND UPKEEP OF THE PROPERTY.
THIS CONCLUDES MY PRESENTATION AND I RECOMMEND THAT THE COMMITTEE ADOPT ALL THE STAFF'S RECOMMENDATION 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 SUBSTANDARD WITH HAZARDOUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
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 C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY OF 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 ITS PRESENTATION.
UM, UH, THANK YOU, UH, MELANIE.
UM, AT THIS TIME, UH, IF THERE'S NO OBJECTION, I WILL ADMIT, UM, EXHIBITS, UH, ONE AND TWO A THROUGH TWO H.
HEARING NONE, THE EXHIBITS ARE ADMITTED AND I DO UNDERSTAND THAT WE HAVE, UH, A REPRESENTATIVE OF THE PROPERTY ON THE PHONE.
I DON'T DUNNO IF YOU CAN HEAR ME.
UH, SO, UH, YEAH, PLEASE, IF YOU'LL JUST STATE YOUR FULL NAME AND THEN IF YOU HAVE ANY QUESTIONS FOR INSPECTOR FINN,
[01:40:01]
UH, THAT'S, YOU CAN POSE THOSE NOW.IF NOT, YOU'RE WELCOME TO JUST GO RIGHT INTO, UH, YOUR AFFIRMATIVE PRESENTATION AND, AND TELL US WHAT YOU'D LIKE TO TELL US.
UH, NO QUESTIONS FROM MR. FINN.
I'VE SPOKEN TO HIM PREVIOUSLY.
UM, WE'VE, WE'VE HAD A LITTLE BIT OF STALLING OF GETTING ENGAGED ON THIS PROPERTY, BUT WE'VE BEEN IN CONTACT SINCE.
I AM THE DIRECTOR FOR THE, UH, NEW OWNERSHIP ENTITY.
UH, WANT TO GIVE SOME BACKGROUND HERE.
SO WE ACTUALLY WERE THE LENDER ON THE PROPERTY.
WE'RE A FAMILY OWNED FUND, UM, OR THE LENDER BASED OUTTA CALIFORNIA.
UM, WE'VE NOTED THAT THE PRIOR OWNER WHO IS OUR BORROWER, HAS LEFT THIS, UH, ASSET IN DISREPAIR AND NEGLECT.
UH, WE ACTUALLY TOOK THIS THROUGH UCC FORECLOSURE, SO WE CAN TAKE IT BACK AS SOON AS POSSIBLE.
COINCIDENTALLY, AND YOU CAN CHECK THE RECORD, UH, THE FORECLOSURE HAPPENED LITERALLY THE DAY AFTER THE FIRE.
UM, WE'VE SINCE HAD, UM, QUITE FRANKLY, A, A PRETTY, A STEEP HILL TO CLIMB.
WE'VE TAKEN IT OVER AND DISPAIR WITH A PORTFOLIO AS MR. FINN MIGHT BE AWARE AS WELL.
UM, WE'VE BOARDED UP THE PROPERTY AS, AS BEEN MENTIONED, QUITE FRANKLY, YOU KNOW, DUE TO BOTH VAGRANCY AND SOME CRIME.
WE'VE, WE'VE HAD AN UPHILL BATTLE OF KIND OF RE KEEPING THE PROPERTY IN, IN CHECK AND KEEPING IT SAFE.
UM, WE'VE, WE'VE BEEN TRYING, AND ADMITTEDLY WE'VE HAD SOME ISSUES WITH INSURANCE WHO HAS ALSO BEEN STALLING US ON WHAT WE CAN TO DO TO REDEVELOP THIS.
HOWEVER, I CAN ASSURE YOU THAT WE HAVE SINCE, UH, ENGAGED, UH, GAMBIT CONSTRUCTION, WHO WILL BE OUR GENERAL CONTRACTOR.
UM, THEY ASSURED ME THAT THE PLAN IS, ACTUALLY PLAN FOR DESIGN IS SUPPOSED TO BE DONE THIS WEEK, AND THEY'RE GOING TO BE SUBMITTING IT FOR PERMIT NEXT WEEK.
UH, AS YOU CAN SEE, I, I SUBMITTED AN EXHIBIT.
WE WE'RE ALSO GETTING QUOTES FOR SECURITY.
IT'S ADMITTEDLY VERY EXPENSIVE FOR US, BUT IT, IT IS WHAT IT IS AND WE'RE WILLING TO DO IT.
UH, WHAT I WOULD ASK IS IF, IF I CAN GET SOME LENIENCY, IF WE CAN GET A COUPLE OF WEEKS, UM, TO MAKE SURE THOSE, THOSE PERMITS ARE, ARE CON UH, GENERAL CONTRACTOR HAS SUBMITTED THOSE, UH, DESIGNS FOR PERMITS, UM, WOULD GREATLY APPRECIATE THAT LENIENCY.
SO IF, IF I UNDERSTOOD CORRECTLY, WE HAVE 45 DAYS AS OF TODAY TO GET IT RESOLVED.
AND IF THAT IS TRULY THE CASE, THEN WE, WE ARE DEFINITELY GONNA BE WITHIN THAT TIMELINE.
UM, WE'LL, WE WILL AT LEAST BE APPLYING FOR PERMITS STARTING NEXT WEEK.
THANK YOU MR. OV, UH, THE 45 DAYS WOULD BEGIN AT, AT, AT, AT THE TIME OF THE ORDER, I BELIEVE, SORRY.
APPROXIMATELY WITHIN APPROXIMATELY 10 DAYS.
SO, UH, VERY QUICKLY, I'M GONNA INTERRUPT YOUR, I HAVE A QUESTION FOR THE, FOR MR. YUVA.
BUT VERY QUICKLY, I DO WANT TO GO AHEAD AND IF THERE'S NO OBJECTION, I WANT TO ADMIT, UM, THE OWNER'S EXHIBITS.
I DID NOT ADMIT THOSE WITH THE, THE CITY'S EXHIBITS A MOMENT AGO.
SO IF THERE IS NO OBJECTION HEARING NONE, UH, THE OWNER'S EXHIBITS ARE ADMITTED.
AND I JUST WANT MR. OV, IF YOU STILL HAVE, IF YOU'RE STILL THERE, I JUST WANNA MAKE SURE I HEARD YOU CORRECTLY.
YOU'RE SAYING THAT 45 DAYS WOULD BE AN ACCEPTABLE TIMEFRAME? UH, YES.
SO MY, YEAH, MY GENERAL CONTRACTOR, AND I'VE CHECKED WITH HIM THROUGHOUT THIS WEEK, I SHOULD HAVE THE DESIGN PLANNED BY END OF WEEK.
I'M ACTUALLY, I'M NOT BASED IN AUSTIN, BUT I'M FLYING THERE TOMORROW MORNING.
I'M GONNA BE WALKING ALL FOUR PROPERTIES AS PART OF THIS PORTFOLIO, INCLUDING THIS ONE.
UH, ONCE HE HANDS ME THE DESIGN PERMITS, HE ASSURES ME THAT HE WILL BE ABLE TO APPLY WITH THOSE FOR PERMITS NEXT WEEK.
I, I MAY NEED SOME BUFFER, AS YOU MAY KNOW, YOU KNOW, SOMETIMES THERE'S DELAYS, SOMETIMES THERE'S REVISIONS THAT I WOULD NEED TO, TO REVIEW WITH HIM INTERNALLY.
BUT WE ARE, AT THIS POINT, DAYS, NOT WEEKS OR MONTHS WE APPLYING FOR PERMITS.
UM, MAKES THINGS A LITTLE EASIER.
UH, I'M GONNA SEE IF ANY OF MY, UH, UH, FELLOW COMMISSIONERS HAVE ANY QUESTIONS FOR THE CITY OR MR. SAL.
UH, IF YOU WOULDN'T MIND, UH, SIR, IF YOU'LL JUST SIT TIGHT AND, UH, AND YOU CAN MUTE YOUR PHONE AGAIN IF YOU'D LIKE, BUT, UH, DO YOU MIND IF I, I JUST HAVE A QUESTION.
I'M, I'M VERY NEW TO THIS, UM, YOU KNOW, I DEAL MOST OF WITH FINANCE AND DEVELOPMENT, BUT WHAT IS A REPEAT OFFENDER? I, AGAIN, I APPRECIATE THAT, YOU KNOW, WE'VE BEEN PRETTY SLOW TO THIS BECAUSE OF INSURANCE.
WE WERE SWITCHING PROPERTY MANAGERS, CLEANING UP PRETTY BAD BOOKS, QUITE FRANKLY.
IT, I MEAN, ANYTHING I CAN DO TO GET US INTO GOOD STANDING.
AS I SAID, WE, WE AT THIS POINT INHERITED SEVERAL PROPERTIES IN AUSTIN.
WE OBVIOUSLY, AS MR. FINN KNOWS, WE'VE BEEN TRYING TO CLEAN UP THE OTHER THREE AS WELL THAT ARE VIOLATIONS ON THEM.
SO, IS THERE ANYTHING ELSE I WOULD NEED TO DO REGARDING BEING OFF THE REPEAT OFFENDER LIST? WELL, UM, I THINK, YEAH, I'M GONNA, I'M GONNA ASK, UM, UH,
[01:45:01]
DIVISION MANAGER NORIEGA, IS THAT RIGHT? DIVISION MANAGER? NORIEGA, I, I WANNA RESPECT TITLES.SO, UH, SO I'M GONNA LET HIM FIELD THAT, THAT QUESTION, THIS IS HIS, UH, BAILIWICK HERE.
THE, THE PROPERTY IS IN THE REPEAT OFFENDER PROGRAM.
I CAN TAKE IT UP LINE IF THAT'S EASIER FOR YOU GUYS, SO, OKAY.
I DON'T MEAN TO WASTE EVERYONE'S TIME.
THE PROPERTY IS UNDER THE REPEAT OFFENDER PROGRAM.
WELL, JUST TO, TO ANSWER HIS QUESTION, THE REPEAT OFFENDER PROGRAM IS A PROGRAM THAT, UH, THAT IS FOR MULTI-FAMILY RENTAL PROPERTIES THAT MEET THE CRITERIA.
IT'S A, IT'S UNDER THE CHAPTER FOUR OF, UH, THE CITY CODE WHERE THEY QUAL THEY MEET THE CRITERIA WHERE THERE, THERE'S NUMEROUS VIOLATIONS ON THE PROPERTY, AND THEY MEET THE 2 5 2 CRITERIA.
SO THIS PROPERTY DID FALL UNDER THE FIVE, AND IT'S BEEN IN THERE SINCE 2024.
SO THERE HAVE BEEN NUMEROUS VIOLATIONS.
THEY'VE CONTINUED TO MEET THE, THE VIOLATIONS.
RIGHT NOW THE PROPERTY IS VACANT, SO THAT IS ONE ISSUE RIGHT NOW.
SO THE PROPERTY HAS NO TENANTS RIGHT NOW AT THIS MOMENT, BUT IT IS A REPEAT OFFENDER PROGRAM.
IT'S A PROGRAM WITHIN THE CITY.
AND, AND SO TO GET OFF THE, TO GET OFF THE LIST, DOES, PART OF IT IS ELAPSE OF TIME.
CAN YOU COME INTO COMPLIANCE AND STAY IN COMPLIANCE FOR X AMOUNT OF TIME? AND THEN THAT, THAT'S USUALLY WHEN IT ROLLS OFF.
IS THAT A FAIR STATEMENT OR, RIGHT.
WELL, I'M, I'M ASKING, I'M SORRY TO THE WITNESS.
I KNOW YOU CAN'T, BUT I'M, I WAS POSING THAT QUESTION TO THE CITY'S THE CODE OFFICIAL HERE.
THEY, UH, THEY REMAIN IN THE PROGRAM FOR TWO YEARS.
IF THEY NO LONGER MEET THE CRITERIA, THEY CAN COME OFF, OR IF THEY SELL THE PROPERTY, THEY, UH, HAVE 90 DAYS TO, TO, UH, REMOVE OR TO CORRECT ALL VIOLATIONS, AND THEN THEY CAN COME OFF THE PROGRAM ALSO.
SO THOSE ARE THE TWO WAYS TO COME OFF THE PROGRAM.
UM, AND MR.
AND AGAIN, NOT TO BELABOR IT, YOU KNOW, WE'VE INHERITED THIS, FRANKLY, PRETTY IN DISPAIR AND WE'RE, WE'RE GONNA FIX EVERYTHING WE CAN.
UH, 45 DAYS IS DEFINITELY SUFFICIENT FOR US TO APPLY FOR PERMIT AND, UM, FRANKLY, IT SHOULD BE IN A FEW DAYS AT THIS POINT.
LIKE I SAID, UH, SIT TIGHT CASE.
WE HAVE FOLLOW UP QUESTIONS, BUT, BUT, UH, THAT, THAT SHOULD CONCLUDE.
YOUR AFFIRMATIVE PRESENTATION IS, UH, IS THERE A MOTION TO CLOSE? WELL, DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS FOR, I'M ALWAYS GONNA ASK TO CLARIFY THE NUMBER OF VIOLATIONS.
INSPECTOR FINN, CAN YOU CONFIRM? OH, HERE HE GOES.
THAT'S WHY I'M ASKING RIGHT NOW.
FOR THIS PARTICULAR CASE, THERE ARE TWO VIOLATIONS.
YEAH, I GUESS GUESS I'M COMMISSIONER MUST, I'M SORRY.
I'M SHOCKED TO HEAR THAT'S ONLY TWO VIOLATIONS FOR A PROPERTY THIS SIZE AND THIS MUCH GOING ON.
THERE ARE MULTIPLE BUILDINGS, CORRECT? WELL, THE PRIMARY THING WAS THE, THEY HAD THE FIRE THAT WEEKEND, SO THEY GOT IT VACATED AND, AND THE, AND IN LIGHT OF GETTING ANY REPAIRS, YOU HAVE TO GET PERMITS FOR THOSE REPAIRS.
NOW THEY'VE HAD OTHER CASES, BUT THE ONE BEING BROUGHT BEFORE BSC TODAY IS PRIMARILY ABOUT THE SECURING OF THE BUILDING DUE TO THE FIRE AND GETTING THE REPAIR AND OBTAINING THE PERMITS.
SO WE ONLY HAVE TWO VIOLATIONS WE'RE TRYING TO DEAL WITH HERE TODAY.
SO, UH, AT THIS TIME I'LL ENTERTAIN A MOTION TO, UH, CLOSE THE PUBLIC HEARING.
SORRY, THAT INCLUDES GETTING THE PERMIT.
UM, SO, UH, DID, DID, DID I HEAR A MOTION TO CLOSE? YEP.
SO, UH, WE HAVE A MOTION TO CLOSE BY COMM.
SECOND, UH, MOTION TO CLOSE BY COMMISSIONER, UH, LOCKHARD, SECONDED BY COMMISSIONER MUSGROVE.
THE PUBLIC PORTION OF THE HEARING IS, OR THE PUBLIC HEARING IS CLOSED, AND WE CAN MOVE ON TO, UH, DISCUSSION.
AT THIS TIME, I'LL ENTERTAIN A MOTION ON THE CITY'S RECOMMENDATION DOCUMENT, LOCKHART, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
UH, COMMISSIONER LOCKHART MOVES TO ADOPT STAFF'S, UH, RECOMMENDATION.
IS THERE A SECOND? SECOND, UH, SECONDED BY COMMISSIONER FRANCIS.
IS THERE ANY DISCUSSION? ALL RIGHT, WELL, HEARING NONE, I'LL, I'LL, I'LL PUT IT TO THE COMMISSION.
SO, UH, QUESTION OCCURS ON THE MOTION OF COMMISSIONER LOCKHART IS SECONDED BY COMMISSIONER FRANCIS TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND RECOMMENDED ORDER IN THEIR ENTIRETY WITHOUT MODIFICATION, IT'LL BE A ROLL CALL VOTE.
CAN I, CAN I OFFER A FRIENDLY AMENDMENT? PARDON ME? UH, THE, JUST IN TIME, UH, COMMISSIONER MUSGROVE, UH, IS RECOGNIZED FOR AN AMENDMENT I'D LIKE TO AMEND TO CHANGE THE CIVIL PENALTY TO A THOUSAND DOLLARS PER DAY PER VIOLATION.
[01:50:03]
OKAY.SO, COMMISSIONER MUSGROVE WOULD AMEND, UH, TO INCREASE THE PENALTY, WHICH IS CURRENTLY THE, UH, THOUSAND DOLLARS PER WEEK TO $1,000 PER DAY PER VIOLATION.
UH, AND IS THERE A YES, A SECOND.
SO SECONDED BY THE AUTHOR IN THIS CASE.
SO IT'S ACCEPTABLE TO, THE AUTHOR STILL HAS TO GO THROUGH, UM, THE WHOLE COMMISSION.
SO, UH, SO, UH, RIGHT NOW THE QUESTION OCCURS ON THE AMENDMENT PROPOSED BY COMMISSIONER MUSGROVE, UH, SECONDED BY COMMISSIONER LOCKHART TO THE LOCKHART FRANCIS MAIN MOTION.
UH, THE MAIN MOTION AS A REMINDER, WOULD ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW IN THEIR ENTIRETY.
WITHOUT MODIFICATION, THE AMENDMENT WOULD AMEND THAT MOTION TO INCREASE THE PENALTY FROM $1,000 PER WEEK TO $1,000 PER DAY PER VIOLATION.
UH, SO THAT, UH, REQUIRES, UH, A ROLL CALL VOTE.
COMMISSIONER GILKER, I'M TERRIBLY SORRY TO WRAP.
THIS IS, UH, UH, RENA, I, IT JUST, YOU DON'T GET, FRANKLY, IF, IF WE'RE NOT ABLE, I'M, I'M REALLY TERRIBLY, TERRIBLY STARTING TO WRAP, BUT IF WE ARE, I MEAN, WE WILL APPLY FOR THE PERMIT, WE'LL BE EXPEDITIOUS.
BUT IF THERE'S SOME DELAYS IN GETTING THEM, IF THERE'S CHANGES, I FEEL LIKE THAT WOULD BE EGREGIOUS PUNISHMENT FOR US, THAT THAT WOULD BE OUT OF OUR CONTROL.
I'M MORE THAN HAPPY TO WORK WITH EVERY MILESTONE AND GIVE WEEKLY REPORTS IF, IF THAT IS ACCEPTABLE.
BUT IF SOME THINGS ARE OUT OF OUR CONTROL, I MEAN, WE, WE CAN'T BEAR THAT COST.
ADMITTEDLY, THAT IS EXTENSIVE FOR US.
I, UH, UH, SO THE PROPERTY OWNER, UH, OBJECTS TO THE, THE, THE, UM, UH, THE PROPOSED AMENDMENT.
UH, UNFORTUNATELY AT THIS TIME, YOU'RE OUT OF ORDER.
THE, THE PUBLIC HEARING HAD CLOSED.
BUT I, I DO RECOGNIZE THAT YOUR PREVIOUS COMMENTARY HAD BEEN ON A MOTION THAT WAS NOT YET BEFORE YOU, SO, UH, I'LL KEEP THAT IN MIND.
BUT AS THE CHAIR, I CANNOT PULL THIS MOTION DOWN.
THE AUTHOR CANNOT PULL THIS MOTION DOWN.
SO I, I AM GONNA CONTINUE WITH THE VOTE, AND IF FURTHER DISCUSSION IS NECESSARY, WE'LL, WE'LL DISCUSS IT.
SO LET ME CONTINUE WITH THE ROLL CALL AT THIS TIME.
SO JUST AS A REMINDER TO THE MEMBERS, WE'RE ON THE AMENDMENT TO THE MAIN MOTION, THE AMENDMENT, UH, COMMISSIONER MU GROVE, SECONDED BY COMMISSIONER LOCKHART.
UM, I HAD BEGUN THE ROLL CALL VOTE WITH COMMISSIONER GILKER WHO VOTED.
AND I'LL GO TO COMMISSIONER IDA.
UH, COMMISSIONER FRANCIS NAY, UH, COMMISSIONER FRANCIS VOTES NAY.
AND, UH, THE CHAIR ALSO, UH, SORRY TO DO THIS ON OUR FIRST, UH, DAY ON THE DATES TOGETHER, MR. COMMISSIONER GRO, BUT, UH, THE CHAIR IS ALSO VOTING NO ON THIS.
UH, I JUST, I THINK IT WARRANTS FOR THE DISCUSSION.
UH, THERE BEING FIVE I'S AND, AND TWO NAYS.
THE MOTION TO AMEND THE MAIN MOTION DOES FAIL OF ADOPTION, UH, BECAUSE WE HAD BEGUN ON THE PRINCIPAL MOTION.
I'M GONNA GO BACK TO THE MAIN MOTION AS NOT AMENDED.
AND, UM, SO AT THIS TIME, I'M GONNA GO BACK TO, JUST AS A REMINDER, THE MAIN MOTION, JUST TO MAKE SURE IT'S CLEAR FOR THE RECORD, IS TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, AND RECOMMENDED ORDER IN THEIR ENTIRETY.
THIS IS A 45 DAY COMPLIANCE WITH A THOUSAND DOLLARS PER WEEK, UH, IN THE EVENT OF NON-COMPLIANCE ON THE 46TH DAY.
AND I'LL GO TO COMMISSIONER GILKER.
UH, COMMISSIONER MUSGROVE VOTES.
THERE BEING SIX AYES AND ONE NAY.
UM, I GATHER MR.
UM, THE, UH, ORDER WILL BE MAILED OUT TO YOU.
UH, AND IF YOU HAVE ANY FOLLOW UP QUESTIONS, JUST KEEP IN TOUCH WITH INSPECTOR FINN AND THANK YOU FOR YOUR TESTIMONY THIS EVENING.
UM, SO GREATLY APPRECIATE IT AND APPRECIATE YOUR TIME.
AND THEN, UH, JUST TO MAKE SURE THAT I'M TRACKING EVERYTHING CORRECTLY HERE, I THINK THE NEXT ONE THAT ACTUALLY HAS ANYBODY ON IT IS AN APPEAL.
DOES THE CITY HAVE ANY ISSUE, MELANIE? UH, WITH ME GOING TO THE, TO NUMBER 10 BEFORE COMING BACK TO NUMBER SEVEN.
[10. Case Number: CV 2025-091011]
HERNANDEZ WOULDN'T MIND COMING FORWARD THE, TO THE TABLE HERE.AND I WILL GO TO MELODY FOR, UM, 1501 SUMMER CREEK DRIVE.
[01:55:02]
WHAT NUMBER ARE WE ON? OOPS.ITEM NUMBER 10 ON THE AGENDA IS AN APPEAL REGARDING A RESIDENTIAL DUPLEX LOCATED AT 1501 SUMMER CREEK DRIVE.
THE CASE NUMBER IS CV 2 2 5 0 9 1 0 1 1.
THE CASE CAN BE FOUND IN ONE OF THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS APPEAL BEGAN AS A COMPLAINT ABOUT AIR CONDITIONING ISSUES AT THE PROPERTY, WHICH WERE CONFIRMED BY THE DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE NOTICE OF VIOLATION.
THE OWNER FILED AN APPEAL OF THE NOTICE, WHICH IS WHY WE ARE HERE TONIGHT.
HERE'S SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS JULY 18TH, 2025.
THE NOTICE OF VIOLATION INCLUDED ONE STRUCTURE MAINTENANCE VIOLATION, WHICH W HAS SINCE BEEN CLEARED.
IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND STAFF EXHIBITS ONE AND TWO.
EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINANT CASE HISTORY, THE NOTICE OF VIOLATION, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, VERIFYING OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOS MARKED AS EXHIBITS TWO A THROUGH TWO H AND AUSTIN DEVELOPMENT SERVICES.
RECOMMENDATION INSPECTOR JUAN VIAL IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY AS TO THE SPECIFICS PRIOR TO THE APPEAL.
I'M A CODE COMPLIANCE INSPECTOR WITH THE CITY OF AUSTIN, UM, WITH AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE.
WE ARE HERE, WE ARE HERE THIS EVENING TO DISCUSS THE VALIDITY OF THE NOTICE OF VIOLATION, WHICH WAS ISSUED BY ME TO THE OWNER OF THE 1501 SUMMER CREEK DRIVE, DUPLEX UNIT B ON JULY, UH, UM, ON JULY 21ST, 2025.
IN MY PROFESSIONAL OPINION, THIS NOTICE WAS PROPERLY EXECUTED, VERIFIED, AND CLOSED USING THE POLICIES AND PROCEDURES PUT FORTH BY DSD, UH, CODE COMPLIANCE DEPARTMENT.
THE INITIAL INSPECTION IS AS FOLLOWS.
ON JULY 19TH, 2025, AUSTIN, UM, AUSTIN DEVELOPMENT SERVICES DEPARTMENT RECEIVED A 3 1 1 CODE COMPLAINT FOR AC ISSUES IN UNIT B.
UPON INITIAL INSPECTION OF UNIT B ON JULY 19TH, UH, 2025, I WAS ABLE TO CONFIRM THAT THE HVAC SYSTEM IN THE UNIT WAS NOT HOLDING THE DESIRED TEMPERATURE.
UPON INSPECTING THE AC SYSTEM, I TOOK READINGS WITH MY CITY ISSUED THERMOSTAT.
UH, AND THOSE READINGS ARE AS FOLLOWS.
THE THERMOSTAT WAS SET TO 75 DEGREES AND I OBTAINED TEMPERATURES READINGS FROM THE INTAKE VENT, WHICH READ 77 DEGREES, AND THE OUTPUT VENTS, UM, WHICH READ 83 DEGREES AFTER.
UM, ANALYZING THE DELTA T FORMULA, WHICH IS THE INTAKE MINUS THE OUTPUT, IT WOULD GIVE YOU, IT GAVE ME A, A NEGATIVE SIX, UH, DEGREES.
ANYTHING, UH, ABOVE, UM, 15 DEGREES IS IN COMPLIANCE.
ANYTHING BELOW THAT, IT WOULD BE IN VIOLATION.
UPON SPEAKING WITH THE TENANTS OF UNIT B, I EXPLAINED TO THEM THAT I WILL BE ISSUING THE NOTICE OF VIOLATIONS ONCE I RETURNED BACK TO THE OFFICE AND INSPECTOR BROCKINGTON WOULD FOLLOW UP WITH THEM AS NEEDED.
THEY INFORMED ME THAT THEY HAD REACHED OUT TO THE OWNER'S MAINTENANCE TEAM AND THAT THEY WERE ACTIVELY WORKING ON THE ISSUES, BUT THE TIME LAPSED TO ADDRESS THE ISSUES WAS JUST NOT ACCEPTABLE.
ON JULY 28TH, 2025, I WAS ABLE TO SPEAK WITH THE TENANTS OF UNIT B AND THEY CONFIRMED THAT THE ISSUES WERE ADDRESSED IMMEDIATELY AFTER THE INITIAL INSPECTION AND THAT THEY WERE OKAY WITH CLOSING OUT THE CASE.
I ASKED TO PERFORM A FOLLOW-UP INSPECTION TO OBTAIN PHOTO PHOTOS OF COMPLIANCE, BUT THEY INFORMED ME THAT THEY WOULD BE OUT OF THE, OUT OF THE CITY FOR SUMMER VACATION AT THE COMPLAINANT'S REQUEST.
THE CASE WAS CLOSED OUT, UM, AS VOLUNTARY COMPLIANCE.
THE PHOTOS LABELED TWO A THROUGH TWO H WILL DEPICT THE VIOLATIONS FOUND IN UNIT B AT THE TIME OF THE INITIAL INSPECTION.
THERE, IT'S, UM, EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE DUPLEX.
NEXT, THIS IS A, UH, UNIT TWO.
UM, EXHIBIT TWO B IS THE CONTEXTUAL PHOTO OF THE THERMOSTAT SET TO 77 DEGREES.
THIS IS THE CLOSEST VENTILATION OUTPUT, UM, DIRECTLY ABOVE THE THERMOSTAT.
UM, AND YOU HERE YOU CAN CLEARLY MAKE OUT
[02:00:01]
THAT IT'S 81 DEGREES.LOOKING BACK AT THE THERMOSTAT, YOU CAN TELL THAT THE, THE, THE SYSTEM WAS, UM, TRYING TO COOL IT DOWN AS IT WAS 75.
NEXT, THIS IS THE SAME, UH, CLOSEST VENT OUTPUT VENT, AND IT WENT UP TO THIR 83 DEGREES, PARDON THE, THE, THE DARKNESS.
BUT THAT'S THE INTAKE VENT THAT WAS IN THE HALLWAY.
UM, AND HERE YOU CAN CLEARLY MAKE OUT THAT IT WAS 77 DEGREES.
UM, GOING INTO THE SYSTEM, THIS IS JUST A CO CONTEXT PHOTO OF THE SYSTEM OUTSIDE OF THE, OF THE UNIT B SIDE.
THIS IS A, A PHOTO SHOWING THAT THE INTAKE, UH, VALVES WERE NOT PROPERLY COATED WITH THE STYROFOAM SLEEVES TONIGHT.
UH, TONIGHT I'M ASKING THE COMMISSION TO UPHOLD THE VALIDITY OF THE NOTICE OF VIOLATION, AS AT THE TIME OF THE INITIAL INSPECTION, WHICH WAS JULY 19TH.
VIOLATIONS WERE FOUND, REPAIRS MADE AND COMPLETED BY THE OWNER'S MAINTENANCE TEAM.
AND EVENTUALLY, UH, CASE WAS CLOSED AS VOLUNTARY COMPLIANCE ON JULY 29TH, 2025.
UM, AND WITH THIS, I'M AVAILABLE TO TAKE YOUR QUESTIONS AND THANK YOU FOR YOUR TIME AND SERVICE STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO H, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND AUSTIN DEVELOPMENT SERVICES RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE DEFICIENCY WITHIN THE NOTICE OF VIOLATION.
UH, AT THIS TIME THERE'S NO OBJECTION.
I WILL ADMIT STAFF'S, UH, UH, EXHIBITS ONE AND TWO A THROUGH TWO H.
HEARING NONE, THOSE EXHIBITS ARE ADMITTED.
AND NOW, UM, MR. HERNANDEZ, UH, GOOD EVENING.
UM, MY NAME'S GUILLERMO HERNANDEZ.
I'M THE PROPERTY MANAGER OF, UH, PREMISES KNOWN AS, UH, 15 0 5 15 0 1 SUMMER CREEK DRIVE.
UH, THE VIOLATION IS BEING APPEALED.
ALTHOUGH THERE WAS NO PENALTY ASSESSED AGAINST THE PROPERTY, UH, THE SITUATION WAS PROPERLY REVENUE AND ISSUED INVOLVING, UH, THE AIR CONDITIONING SYSTEM WAS RESOLVED.
THE CODE OFFICER CONFIRMED VIA TEXT MESSAGE, UH, THIS WAS ALLEGED VIOLATION HAS BEEN CANCELED OR CLEARED.
ACTUALLY, THE TENANT IS FINALLY FILING THIS REPORT VIA 3 1 1 MADE FALSE MISLEADING STATEMENT TO THE CODE OFFICER.
UH, THE OWNER FAILED TO ADDRESS THE AIR CONDITIONING ISSUE.
UH, THE CODE ENFORCEMENT OFFICER INDICATED TO MYSELF AS THE PROPERTY MANAGER THAT THE TENANT STATED THE OWNER LANDLORD, UH, WAS NOT RESPONSIVE TO HIS REPAIR, UH, REQUEST.
UH, AND THUS, 3 1 1 WAS CONTACTED HERE AT NO POINT PRIOR CONTACTING 3 1 1 AND FILING A COMPLAINT THAT THE TENANT COMMUNICATE TO MYSELF AS A PROPERTY MANAGER OR THE OWNER EITHER IN WRITING VERBALLY.
THE HVAC SYSTEM WAS INDEED A REPAIR, WAS IN NEED OF REPAIR OR AN ADJUSTMENT.
THE WRITTEN LEASE FOR THE TENANT'S, UH, UNIT PROVIDES THAT ALL REQUEST REPAIRS MUST BE WRITING IN WRITING AND DELIVERED TO THE LANDLORD.
DESPITE THE REQUIREMENT THE TENANT HAS PROVIDED, HAS BEEN PROVIDED WITH MY MOBILE NUMBER, UH, AND I HAVE BEEN RESPONSIVE TO THE TENANT, UH, REQUEST WHEN I WAS CONTACTED BY THE ME, BY ME, THAT MEANS WHETHER BY TEXT OR PHONE CALL.
IN FACT, THIS TENANT ON MULTIPLE OCCASIONS CONTACTED ME AND I HAVE BEEN RESPONSIVE TO THOSE REQUESTS.
THE TENANT EITHER ADHERED TO THE TERMS OF THE WRITTEN LEASE OR NOR COMMUNICATED WITH ME TO WHOM THE TENANT HAD DIRECTED ACCESS, UH, TO REPORTING CONCERNS.
ISSUES INVOLVING THE HVC SYSTEM, HVAC SYSTEM COOLING WOULD BE UNKNOWN TO THE OWNER, LANDLORD, OR THE PROPERTY MANAGER UNLESS IT IS REPORTED WE'RE PRICED TO THE SITUATION.
ANY ISSUES INVOLVING THE HVAC SYSTEM WAS NEVER PREVIOUSLY REPORTED.
WHEN, WHEN THE ISSUE WAS RAISED WITH THE TENANT AS TO WHY
[02:05:01]
HE HAD NOT REPORTED THE SITUATION, THE TENANT HAD NO REASONABLE RESPONSE OR EXPLANATION FOR, FOR NOT COMMUNICATING WITH THE LANDLORD OR MYSELF.AS SUCH, THE LANDLORD AND MYSELF, THE PROPERTY MANAGER WAS NOT MADE AWARE OF THE SITUATION AND NEVER GIVEN AN OPPORTUNITY TO ADDRESS OR CORRECT THE SITUATION.
THE REPAIR WAS EASILY ADDRESSED BY CHANGING A VALVE, ADDING REFRIGERANT TO THE HVAC SYSTEM.
UNDER THE CIRCUMSTANCE, CIRCUMSTANCES WERE WERE WHERE THERE WERE MATERIAL FALSE, MISLEADING STATEMENTS MADE BY THE TENANT, WHICH ARE ENTIRELY RELEVANT.
WE'RE RESPECTFULLY REQUESTING THAT THE NOTICE OF VIOLATION BE SET ASIDE, BE BE DEEMED NEW AND VOID.
THANK YOU FOR YOUR CONSIDERATION.
GUI HERNANDEZ ON BEHALF OF THE PROPERTY OWNER, UM, THE OWNER IS ONLINE ON THE PHONE.
HE WANTS TO SPEAK, SO HE DOES WISH TO SPEAK.
UM, I WE'RE DOING OKAY ON TIME.
I THINK WE CAN, WE HAVE, OKAY.
UH, AND DO YOU HEAR US, SIR? IS IT MR. SHANE? PARDON? OH, UH, IF YOU CAN HIT, UH, STAR SIX TO UNMUTE YOURSELF.
UH, MR. SHANE, UH, STRICTLY SPEAKING, UH, UH, WE, WE AFFORD A LIMITED TIME TO EACH SIDE, AND SO, UH, MR. HERNANDEZ USED QUITE A BIT OF YOUR TIME, BUT WE'RE, WE'RE DOING OKAY ON TIME HERE IF YOU JUST WOULDN'T MIND TRYING TO KEEP YOUR REMARKS BRIEF, BUT, BUT YEAH, FEEL FREE TO, UH, FEEL FREE TO LET US KNOW ANYTHING YOU'D LIKE US TO KNOW ABOUT THIS VIOLATION.
I'LL JUST, I'LL JUST BE BRIEF ABOUT IT.
I'M THE PRESIDENT OF THE GP FOR SHANE FAMILY LIMITED PARTNERSHIP.
UM, MY FAMILY'S OWNED THE SUBJECT PROPERTY FOR OVER 30 YEARS.
WE'RE VERY ACCESSIBLE TO THE TENANTS AS MR. HER HERNANDEZ HAS INDICATED.
THIS IS THE FIRST VIOLATION WE'VE HAD FOR THIS PROPERTY.
WE'RE TALKING ABOUT OVER 30 YEARS.
I UNDERSTAND WHILE THE THRESHOLD IS LOW, I ASK THE COMMITTEE NOT TO IGNORE VERACITY AND CREDIBILITY.
YOUR INSPECTOR ADVISED THE PROPERTY MANAGER THAT WE WERE NOT RESPONSIVE TO TENANT'S REQUEST, BUT THAT WAS SIMPLY NOT TRUE.
TO NOT GIVE ANY WEIGHT TO WHAT WAS AN INACCURATE REPORT TO 3 1 1 AND YOUR INSPECTOR IS SIMPLY NOT FAIR AND ISN'T JUST, AND, UM, THAT'S PRETTY MUCH MY FEELING ABOUT IT, THAT WE WE'RE RESPONSIVE TO EVERYTHING THAT GOES ON.
HE NEVER TOLD US IT WOULD BE IMPOSSIBLE TO KNOW WHAT'S HAPPENING WITHIN THAT UNIT TO REPORT A VIOLATION LIKE THIS WITHOUT HAVING ANY OPPORTUNITY TO DO SO.
REGARDLESS OF WHAT HAPPENED IN THE LEASE, THE PROPERTY MANAGER, HE HAS HIS, HE HAS HIS, UM, MOBILE NUMBER.
HE CALLS HIM ALL THE TIME FOR SOME UNKNOWN REASON, HE DIDN'T CALL HIM.
AND I JUST FEEL THAT THAT'S JUST TOTALLY UNJUST.
AND IT JUST, WHEN YOU, WHEN YOU MAKE A STATEMENT TO, TO AN INSPECTOR THAT YOU, THAT NO ONE DID ANYTHING, IT'S, IT'S TOTALLY INACCURATE.
AND, AND, AND IT, AND IT SHOULDN'T BE ACCEPTED.
AND THAT'S REALLY WHERE I STAND WITH IT.
SO, 'CAUSE WE WOULD NOT HAVE KNOWN WHAT HAPPENED HERE.
THANK, THANK YOU FOR MR. SHANE.
UH, UH, PLEASE REMAIN ON THE LINE AS, UH, ONE OF THE COMMISSIONERS, UH, MAY, MAY HAVE QUESTIONS.
UH, AND, UH, AND WITH THAT IN MIND, UH, DO, UH, ANY OF THE COMMISSIONERS HAVE QUESTIONS FOR THE CITY OR THE, UH, THE PROPERTY REPRESENTATIVES? OKAY.
UH, SO HEARING NONE, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
I MOVE TO CLOSE THE PUBLIC HEARING.
SO, UH, COMMISSIONER IBARRA MOVES TO CLOSE THE PUBLIC HEARING, UH, SECONDED BY COMMISSIONER MUSGROVE.
UH, THE, SO THE PUBLIC HEARING IS, IS CLOSED.
UM, AND, AND WE CAN, UH, I CAN ENTERTAIN A, A MOTION NOW, BEFORE DOING SO THOUGH, BECAUSE THIS IS PARTICULARLY FOR NEWER MEMBERS.
UH, NOT EVERY, NOT EVERY MEETING HAS AN APPEAL.
UH, AND SO I JUST WANT TO KIND OF IDENTIFY SOME RESPECTS IN WHICH AN APPEAL DIFFERS FROM, UH, A NEW OR EVEN A RETURNING CASE.
UH, THE ACTIONS ON APPEAL ARE, UH, WE CAN, YOU CAN MOVE THAT WE DISMISS IT.
THAT WOULD BE, FOR EXAMPLE, IF SOMEBODY JUST DIDN'T HAVE STANDING TO BRING THE APPEAL.
UH, YOU CAN DI YOU CAN DENY THE APPEAL IF YOU BELIEVE THAT THE VIOLATION EXISTED AT THE TIME, UH, THAT, UH, THE, THE CODE OFFICIAL IDENTIFIED, UH, YOU CAN GRANT THE APPEAL IF YOU THINK THAT THE NOTICE WAS NOT PROPERLY, THERE WAS A DEFECT IN SERVICE NOTICE WAS NOT PROPERLY SERVED, OR THE VIOLATION DID NOT EXIST, UH, OR YOU CAN, UH, YOU CAN MOVE THAT THE, THE ORDER BE THE VI THE NOTICE OF VIOLATION RATHER BE MODIFIED IN SOME WAY.
UM, I DO WANNA POINT OUT, UM, AND I, AND I THINK THIS IS APPROPRIATE FOR ME TO POINT OUT AS CHAIR, THAT THAT, UH, UM, WITH A,
[02:10:01]
AN APPEAL OF THE NOTICE OF VIOLATION.IT IS, IT IS SORT OF RATHER EARLY IN THE PROCESS.
I, I THINK THE WAY THESE THINGS ORDINARILY WORK IS SOMEBODY GETS A NOTICE OF VIOLATION, A DIALOGUE ENSUES BETWEEN THE PROPERTY OWNER AND THE CODE OFFICIAL.
IF, UH, AFTER, SOMETIMES AS YOU'VE SEEN, YOU KNOW, IT CAN BE MANY MONTHS, UH, THE, THE ISSUE GOES UNRESOLVED, THEN, UH, IT'S BROUGHT TO THIS COMMISSION FOR A POSSIBLE IMPOSITION ON A PENALTY, WHICH IS ALL BY WAY OF SAYING THIS IS VERY EARLY IN THAT PROCESS.
THESE, UH, UH, THIS OWNER IS NOT EXPOSED TO ANY PENALTY THIS EVENING.
UH, IF THE, YOU KNOW, CODE OFFICIAL FINDS THAT THIS IS RESOLVED TOMORROW OR THE NEXT DAY OR THE NEXT MONTH, THIS VERY LIKELY THE LAST WE'D HEAR ABOUT THIS, UH, AGAIN, I'M NOT TRYING TO COMMENT ON THIS PARTICULAR CASE, BUT THAT'S JUST TO EDUCATE THE NEWER MEMBERS WHO MAY BE LESS FAMILIAR WITH THIS PROCESS.
UH, WITH THAT IN MIND, UM, I'LL TURN NOW TO ENTERTAIN ANY, UH, ANY MOTION ON ON THE APPEAL.
UH, MOVE TO PERMISSION TO ADOPT THE PROPOSED FINDING OF FACT, CONCLUSION OF LAW OF THIS CASE, AND DENY THE APPEAL, THEREFORE UPHOLDING DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
UH, COMMISSIONER FRANCIS, UH, MOVES TO DENY THE APPEAL.
SECOND COMMISSIONER IBARRA MOVES, UH, SECONDS.
UH, THE MOTION OF COMMISSIONER FRANCIS.
UH, IS THERE ANY DISCUSSION? OKAY.
UM, HEARING NONE, I WILL, UH, PUT THE QUESTION CHAIR.
UH, COMMISSIONER LOCKER, JUST SO I UNDERSTAND, I TOTALLY, IT SEEMS THAT THE PROPERTY OWNER SHOULD HAVE GONE TO YOU FIRST, RIGHT? ABOUT THIS ISSUE, RIGHT.
BUT, UM, THE VIOLATION DID OCCUR WHEN THE CODE INSPECTOR CAME.
AND SO BY DENYING THIS APPEAL, WE'RE NOT SAYING THAT THE PROPERTY, THE TENANT DIDN'T FOLLOW THE RIGHT PROCEDURE, WE'RE JUST SAYING WE THINK THERE WAS A VIOLATION AT THE TIME WHEN IT WAS INSPECTED AND IT'S NOW RECTIFIED AND THERE'S NO NEGATIVE RAMIFICATIONS OF THIS VIOLATION.
IS THAT, WELL, AM I UNDERSTANDING THAT CORRECTLY? I, I WOULDN'T GO QUITE THAT FAR.
UH, COMMISSIONER LOCKHART, I, I, I THINK IT, I'M GONNA INTERRUPT THE VOTE TO, TO RESPOND TO THAT BECAUSE I, I HOPE I DIDN'T, I DIDN'T MEAN TO WAIT.
THE, THE, THE DECISION WITH MY, MY COMMENTARY WE'RE NOT AFFIRMATIVELY DETERMINING THAT IT'S BEEN RESOLVED FOR ALL TIME.
UH, WHAT WE'RE SAYING IS THAT THE NOTICE IS NOT SO FACIALLY DEFECTIVE AS TO DESERVE TO BE, DESERVE TO BE STRUCK DOWN.
NOW, HE IS APPEALING FROM THE NOTICE.
AND, AND, AND SO IF WE, IF WE SAY NO, IF WE DENY SAY NO, WE, WE FIND THAT THE NOTICE WAS VALID, THAT DOES NOT PREVENT, UH, THE PROPERTY OWNER FROM DEMONSTRATING TO THE SATISFACTION OF, OF THE CODE OFFICIAL, UH, UH, THAT, UH, THAT IT'S BEEN RESOLVED IN THE NEXT, YOU KNOW, DAY OR WEEK, IN WHICH CASE IT, THERE'S A, A PO A PROB A POSSIBILITY THAT WE'D NEVER HEAR BACK ABOUT THIS AGAIN, AND THERE WOULD NEVER BE ANY PENALTY.
BUT, SO I DIDN'T MEAN TO SAY THAT IT WOULD RIGHT? THAT THIS WOULD DISPOSE OF IT TONIGHT.
IT WOULD JUST, IT WOULD JUST, DOES THAT MAKE SENSE? BUT CHAIR, ISN'T IT CORRECT THAT IT, THIS HAS ALREADY BEEN RESOLVED.
THE CODE INSPECTOR SAID THAT THIS HAS BEEN FIXED, AND SO IT'S ALREADY, IS THAT CORRECT? CAN I ASK THAT QUESTION? CORRECT.
UM, ALL VIOLATIONS, UM, WERE, WERE LITERALLY RESOLVED OKAY.
THAT WEEKEND OF THE INITIAL INSPECTION.
YEAH, I THINK I SEE WHAT YOU'RE ASKING.
SO ESSENTIALLY THE PARTICULAR, THE TICKET IS CLOSED CASE.
IT'S BASICALLY, YEAH, IT WOULD SORT OF BE MOOTED.
SO, UM, CHAIR, AND JUST REAL QUICK, AS, AS A FELLOW PROPERTY MANAGER, I'M VERY SYMPATHETIC TO THIS, BEEN THROUGH IT, BUT NOTICE THERE'S NOTHING WRONG WITH THE NOTICE, BUT IT'S YOUR TENANT.
OH, I, I CAN'T REALLY HEAR, SIR.
THE TENANT, THE ISSUE IS YOUR TENANT, NOT THE, WITH THE PROCESS THAT WAS FOLLOWED, THE TENANT, WHAT YOUR, YOUR ISSUE IS WITH THE TENANT.
DOESN'T HAVE ANYTHING TO DO WITH THE NOTICE, A FALSE, THE PROCESS WITH THE NOTICE.
AND THAT'S WHAT WE'RE VOTING ON, RIGHT.
THAT HE MADE A FALSE, YOU KNOW, THREE, ONE, ONE CALL WHEN, YOU KNOW, HE HAD MY INFORMATION ALL ALONG.
AND, UH, YOU KNOW, HE, HE CALLS 3 0 1 OVER THE WEEKEND.
HE CALLS ME ON WEDNESDAY TO REPORT IT.
SO I HAVE NO IDEA WHAT HAPPENED IN BETWEEN, UH, WHY, WHY HE WOULDN'T CALL ME ON MONDAY TO, WELL, EVEN THAT DAY, UM, HE, HE WAITED TILL WEDNESDAY.
SO I'M NOT SURE WHAT THE REASON FOR THAT.
AND I, I ASKED HIM, I SAID, WHAT? I MEAN, YOU HAVE MY PHONE NUMBER.
I'VE BEEN TO YOUR, UH, PLACE MORE THAN, YOU KNOW, ONCE, UM, IN THE PAST THREE MONTHS, AND YOU CONTACTED ME FOR EVERYTHING ELSE.
SO I DON'T UNDERSTAND WHY SURE YOU WOULDN'T.
AND SO JUST, UH, AND AGAIN, NOT, NOT, NOT TO BELABOR THIS, BUT ANOTHER, YOU KNOW, I THINK ONE WAY TO LOOK AT THIS IS THAT WE HAD IT NOT BEEN APPEALED, IT
[02:15:01]
PROBABLY WOULDN'T HAVE GOTTEN TO US.YOU KNOW, IT WOULD, BECAUSE CERTAINLY, UH, YOU KNOW, INSPECTOR V WASN'T GONNA BRING IT TO US IN, IN THIS, ON HIS CURRENT, ON THESE CURRENT FACTS.
SO, UM, SO ANYWAY, I, BECAUSE, UH, SO WE WERE INTERRUPTED.
I'M GONNA RESTATE THE MOTION JUST FOR, FOR SAKE OF ORDER.
UM, SO COMMISSIONER QUESTION OCCURS ON COMMISSIONER FRANCIS.
MOTION IS SECONDED BY COMMISSIONER IVARA TO DENY THE APPEAL FROM THE NOTICE OF, UH, UH, VIOLATION, UH, ADOPT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND, UM, ON THAT, UH, IT'LL BE A ROLL CALL VOTE, BEGINNING WITH, UM, COMMISSIONER GILKER.
COMMISSIONER GIL GILKER VOTES AYE.
COMMISSIONER IDA VOTES A COMMISSIONER MUSGROVE AYE.
THERE BEING, UH, SEVEN AYES AND NO NAYS.
UH, THE MOTION TO DENY THE APPEAL IS ADOPTED.
[7. Case Number: CL 2025-072000]
MORE NEW CASE.UM, I UNDERSTAND IT'S NOT REPRESENTED.
UM, I'LL GO TO, UH, MELANIE ON ITEM NUMBER SEVEN.
THIS IS THE PROPERTY AT, UH, 2115 COURTNEY STREET.
ITEM NUMBER SEVEN ON THE AGENDA IS CASE NUMBER CL 20 24 0 7 2 0 0 0 AND IS REGARDING THE RESIDENTIAL PROPERTY LOCATED AT 2 1 1 5 COURTNEY STREET.
THE EXHIBITS CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A RESIDENTIAL DUPLEX STRUCTURE.
THE CASE WAS OPENED IN OCTOBER, 2023 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.
THIS STRUCTURE IS CONSIDERED SUBSTANDARD, WHICH REQUIRES REPAIR.
THE RESIDENTIAL DUPLEX STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR JOHNNY SERNA IS HERE ON BEHALF OF CODE INSPECTOR BRANDON SMITH TONIGHT TO REPRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS.
AS DEPICTED INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.
ONCE AGAIN, MY NAME'S UH, JOHNNY SERNA.
I'M A CODE INVESTIGATOR WITH THE CITY OF BOSTON AND THE CASE, UH, I WILL BE PRESENTING BEFORE YOU WILL BE FOR 2115 COURTNEY STREET OF, UM, EXTERIOR INSPECTION THAT WAS MADE, UH, JUST A FYI I'VE BEEN PERSONALLY THERE, UH, AT THIS PROPERTY MYSELF, ALONG WITH THE, UM, CURRENTLY ASSIGNED INVESTIGATOR AND HAVE, UH, MADE MULTIPLE INSPECTIONS OF THIS PROPERTY PERSONALLY.
UH, THIS PROPERTY HAS HAD AN OPEN CASE, UM, CODE CASE WITH THE CITY OF AUSTIN SINCE OCTOBER 17TH, 2023.
UM, WE MADE AN INITIAL INSPECTION ON THE 17TH, UM, SORRY, ON THE 18TH OF 2023.
AFTER RECEIVING THE COMPLAINT BACK IN 2023, UH, THE FOLLOWING PHOTOGRAPHS WERE GONNA BE PRESENTING, UH, BEFORE YOU ARE GOING TO BE, UH, EVIDENCE OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE COMPLEX.
UH, EXHIBIT TWO A AND EXHIBIT TWO B ARE GONNA BE CONTEXTUAL PHOTOGRAPHS OF THE DUPLEX LOCATED AT 2115 COURTNEY STREET.
THAT'S THE CONTEXTUAL PHOTOGRAPH.
EXHIBIT TWO C, UM, AND 2D ARE GONNA BE PHOTOGRAPHIC EXAMPLES OF THE SIDING IN DISREPAIR, EXPOSING MUD SEAL FRAMING OF THE DUPLEX, ALLOWING FOR THE POSSIBLE INTRUSION OF WATER, UH, AND OTHER ELEMENTS INTO THE INTERIOR OF THE STRUCTURE.
EXHIBIT TWO E IS A PICTURE OF SUBSTANDARD REPAIR OF A WINDOW ON UNIT A.
NEXT SLIDE, EXHIBIT TWO F IS ANOTHER REPRESENTATION, UM, OF DISREPAIR OF SIDING AND TRIM.
IN THIS PICTURE, YOU CAN SEE WITH THE CHIMNEY AND ROOF MEET, PART OF THE TRIM NEAR THE ROOF HAS DIS DISINTEGRATED AND IS PULLING AWAY FROM THE CHIMNEY.
YOU CAN ALSO SEE IN THE SAME AREA WHERE THE SIDING IS IN DISREPAIR, ALLOWING FOR THE, AGAIN, POSSIBLE INTRUSION OF, OF RAIN AND
[02:20:01]
OTHER ELEMENTS INTO THE INTERIOR OF THE STRUCTURE.THIS, UH, THIS WOULD BE UNIT OR SIDE A OF THE DUPLEX.
UH, EXHIBIT TWO G IS AN EXAMPLE OF REPAIRS THAT HAVE BEEN DONE TO THE SIDING, UH, WHERE EXPANDING FOAM WAS USED INSTEAD OF THE ACTUALLY APPROVED EXTERIOR SIDING.
EXHIBIT TWO G ALSO SHOWS A WATER SPIGOT AND DISREPAIR MISSING AND APPROVED PERMANENTLY ATTACHED HOSE CONNECTION, VACUUM BREAKER.
EXHIBIT TWO H UH, AGAIN, ANOTHER REPRESENTATIVE EXAMPLE OF UN WORKMANLIKE REPAIRS.
UH, HERE YOU CAN SEE AN UNSEALED HOLE IN THE FOUNDATION OF THE STRUCTURE AFTER A MECHANICAL CONDITION.
UM, CONDITIONER APPLIANCE WAS RECENTLY INSTALLED.
EXHIBIT TWO EYES THE SAME AREA, DIFFERENT ANGLE.
UH, THIS WAS RECENTLY INSTALLED UN PERMITTED AIR CONDITIONER, UH, THAT WAS INSTALLED, THAT WAS INSTALLED, UH, INCORRECTLY TO MEET THE, UH, CITY OF AUSTIN MINIMUM SAFETY, UH, REQUIREMENTS.
EX EXHIBIT TWO J IS A PHOTOGRAPH OF AN ATTIC VENT OR LOUVER AND DISREPAIR.
EXHIBIT 2K IS, UH, THE CHIMNEY OF UNIT B.
YOU CAN CLEARLY SEE THE CHIMNEY IS ALSO IN DISREPAIR WITH SIDING THAT IS NO LONGER PROPERLY FASTENED TO THE STRUCTURE ALONG WITH ROTTING TRIM AND SIDING NEAR THE ROOF LINE.
UH, THIS UNREPAIRED ISSUE ALLOWS AGAIN FOR THE POSSIBLE INTRUSION OF, OF RAIN AND OTHER ELEMENTS INTO THE STRUCTURE AND INTERIOR WALLS.
EXHIBIT TWO L IS REPRESENTATIVE EXAMPLE OF FASCIA BOARDS IN DISREPAIR.
IN THIS EXHIBIT, YOU CAN SEE, UH, AT THE CORNER, UH, WHERE THE CORNER ROOF LINES MEET, UM, THE FASCIA HAS BEGUN TO, UM, TO DETERIORATE.
EXHIBIT TWO M UM, IS AN EXAMPLE OF THE CONDITION OF MULTIPLE, UH, ROOF VENTS, UH, ALLOWING FOR THE POSSIBLE INTRU INTRUSION OF VERMIN AND HARBORING OF VERMIN INTO THE INTERIOR STRUCTURE.
USUALLY WHEN THESE TYPES OF ISSUES AREN'T TAKEN CARE OF, YOU KNOW, THE RACCOONS AND OTHER VERMIN WILL TAKE ADVANTAGE OF THAT.
AND WITH THIS NEXT SLIDE, I CONCLUDE MY PRESENTATION OF 2115 COURTNEY STREET AND STRONG URGE TO COMMITTEE MEMBERS TO ADOPT STAFF'S AGREED ORDER.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL DUPLEX STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
ENTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, AT THIS TIME WITHOUT OBJECTION, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO M HEARING NO OBJECTION.
UH, DO THE COMMISSIONERS HAVE ANY QUESTIONS FOR INVESTIGATOR SERNA? COMMISSIONER RA, HOW MANY VIOLATIONS ARE WE LOOKING AT HERE TODAY? UM, WE'VE HAD MULTIPLE VIOLATIONS, UH, SO FAR TODAY WE'RE ONLY LOOKING AT, UH, 1916 OF THOSE WERE STRUCTURAL DEFICIENCIES THAT WERE PRESENTED BEFORE YOU, WE ACTUALLY HAD TO TAKE SOME OF THEM OFF DUE TO THE FACT THAT WE WERE UNABLE TO MAKE AN INTERIOR ENTRY TO BRING PICTURES TO SHOW YOU.
SO ALL THESE DEFICIENCIES ARE OF EXTERIOR, UH, VIOLATIONS THAT WE FOUND.
UM, TWO OF THOSE 19 DEFICIENCIES WERE LAND USE AND ANOTHER ONE WAS ABATEMENT, WHICH WE DON'T HEAR HERE.
BUT, UH, HERE FOR THIS COMMISSION WE HAVE TOTAL 16.
[02:25:01]
UH, THANK YOU INVESTIGATOR.CAN YOU TELL ME, THIS HAS BEEN GOING ON FOR TWO YEARS? UH, YES.
IT, IT'S BEEN GOING ON FOR QUITE SOME TIME.
WE'VE HAD, UM, DIFFERENT CASE VIOLATIONS THAT HAVE SHOWED UP.
IT'S A DUPLEX AND UM, UM, THEY TEND TO HAVE PIERCE THAT THEY, THAT THEY HAVE A LOT OF TURNOVER AS FAR AS RENTING.
AND USUALLY WHEN THAT HAPPENS, UM, THEY'LL PUT OUT THE TRASH, RUBBISH AND DEBRIS.
UH, BUT, UH, THIS PARTICULAR CASE, WE'VE HAD IT OPEN SINCE OCTOBER OF 2023.
WE HAVEN'T BEEN ABLE TO, UH, GET AHOLD OF ANYBODY, NOR HAS ANYBODY REACHED OUT TO US, UH, NEITHER BY PHONE OR, OR EMAIL TO TRY TO RESOLVE THIS.
SO IT'S TYPICAL IF YOU CAN'T GET AHOLD OF THE OWNER, SOMETIMES IT JUST RUNS ON FOR A COUPLE OF YEARS BEFORE IT COMES TO US.
UM, WE'VE TAKEN IT TO ADMIN HEARING, UH, WHERE THEY WERE FOUND LIABLE FOR, UM, OTHER DEFICIENCIES, YOU KNOW, FOR NOT FOR FAILURE TO CLEAN UP THE PROPERTY, BUT, UH, WE TRIED TO, UM, MOVE IT INTO THIS VENUE WHEN WE REALLY JUST DON'T SEE ANYBODY, UM, WORKING TOWARDS, UH, COMPLIANCE.
SO IN, IN YOUR MIND, BRINGING IT TO THE BUILDING STANDARDS COMMISSION IS A ATTEMPT TO FORCE THE OWNER'S HAND TO GET SOMETHING DONE.
ARE THERE ANY FURTHER QUESTIONS FROM INSPECTOR SERNA? HEARING NONE, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
COMMISSIONER FRANCIS STILL MOVES SECOND, SECONDED BY COMMISSIONER MUSGROVE.
UH, THE PUBLIC HEARING IS, UH, CONCLUDED.
IS THERE, UH, A MOTION ON THE RECOMMENDED ORDER? YES.
UH, COMMISSIONER IA, I MOVE TO ADOPT THE STAFF.
THE STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENT TO THE ORDER.
SECTION 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 CODE DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE, ET CETERA.
UH, MEMBERS YOU'VE HEARD THE MOTION, UH, WOULD ADOPT THE, UH, 45 DAY REPAIR ORDER ONLY INCREASE THE PENALTY FROM TWO 50 PER WEEK TO 1000.
IS THERE A SECOND? SECOND, UH, COMMISSIONER GRO SECONDS.
IS THERE DISCUSSION? UH, HEARING NONE? UH, I'LL GO AHEAD AND, UH, CALL THE QUESTION.
SO QUESTION OCCURS ON THE MOTION OF COMMISSIONER IDA IS SECONDED BY COMMISSIONER MUSGROVE TO ADOPT STAFF'S FINDING FACTS, PARDON ME, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER WITH THE FOLLOWING MODIFICATION THAT IN, UH, SECTION TWO OF THE RECOMMENDED ORDER, UH, PROVIDING THAT ON THE 46TH DAY PENALTY IN THE AMOUNTS TWO 50 WILL ACCRUE PER WEEK, UH, IT WOULD INCREASE TO 1000 AND THIS WILL BE A ROLL CALL VOTE.
AND I WILL BEGIN WITH COMMISSIONER GILKER.
THERE BEING SEVEN AYES AND NO NAYS.
UH, WE WILL NOW THAT FINISH, THAT CONCLUDES OUR, OUR CASES.
WE'LL NOW MOVE ON TO DISCUSSION AND ACTION ITEMS. UH, WE HAVE A, SORRY, COULD I ACTUALLY READ INTO THE RECORD, UM, THAT WE ARE NOT GOING TO HEAR, UH, NUMBER NINE, RIGHT? UH, ITEM NUMBER NINE.
NUMBER NINE, IF PLEASE DON'T MIND.
[9. Case Number: CV 2024-010522]
NUMBER NINE ON THE AGENDA IS AN APPEAL REGARDING 2 0 1 WEST POWELL STREET, POWELL LANE, EXCUSE ME.THE CASE NUMBER IS CV 2 2 5 0 100 522.
THIS HEARING HAS BEEN POSTPONED AND WILL BE HEARD AT THE EIGHT TWENTY NINE TWENTY TWENTY FIVE SPECIAL CALL MEETING.
[12. Approval of the 2026 Building and Standards Commission regular meeting schedule]
I'M NOW GONNA MOVE TO OUR DISCUSSION AND ACTION ITEMS. I'M GONNA INVERT THE ORDER HERE.UH, WE HAVE 11 POSTED BEFORE 12.
I'M GONNA DO 12 BECAUSE I THINK IT'S THE MORE IMPORTANT, EXCUSE ME, CHAIR.
JUST FOR CLARIFICATION, UM, THAT IS THE 10 29, NOT THE EIGHT 20.
I'M SORRY, DID I SAY 8 29? IT WOULD BE THE OCTOBER 29TH MEETING.
SIMILARLY, JUST TO CLARIFY THE, UM, THE CASE NUMBER, IT'S 20 24 0 1 0 5 2 2 0 1 0 5 2 2.
UH, IF THERE'S NOTHING FURTHER, WE'LL GO TO, I'M GONNA SKIP ITEM 11 FOR THE MOMENT, UH, JUST BECAUSE ITEM NUMBER 12,
[02:30:01]
UH, IS MORE IMPORTANT.I BELIEVE IT'S MORE A DO OR DIE ISSUE.
THIS IS ON THE APPROVAL OF THE 2026 BUILDING AND STANDARDS COMMISSION REGULAR MEETING SCHEDULE.
I BELIEVE EVERYONE SHOULD HAVE A COPY OF THIS IN YOUR READER.
IT, IT SHOWS PROPOSED DATES, UHHUH, AND WE CAN PUT IT UP ON THE SCREEN.
AND THERE'S A SECOND PAGE THAT HAS, ALL OF THE DATES ARE THE FOURTH WEDNESDAY, WITH THE EXCEPTION OF NOVEMBER.
WE DO NOT HAVE A REGULAR MEETING.
AND DECEMBER, I HAVE SIX DATES FOR YOU TO CHOOSE FROM.
AND THERE'S A CALENDAR PAGE, UM, THAT HAS THE DATES IN DECEMBER.
SO IT'S A TUESDAY, WEDNESDAY, THURSDAY, THE FIRST WEEK IN DECEMBER.
SO IT COULD BE THE FIRST, SECOND, THIRD, OR THE EIGHTH.
NINTH AND 10TH WAS, WHICH IS A TUESDAY, WEDNESDAY, OR THURSDAY OF THE SECOND WEEK OF DECEMBER.
AND SO FOR THE NEWER MEMBERS, I MEAN, THE WAY I'VE SEEN THIS GO, THIS IS TYPICALLY ON THE, THE FIRST 10 MONTHS OF THE YEAR IS, I MEAN, THIS IS JUST AN UP OR DOWN VOTE.
I MEAN, WE'RE NOT GONNA PROBABLY LINE ITEM VETO THIS THING, BUT IT DOES GIVE US AN OPPORTUNITY TO DISCUSS, UH, YOU KNOW, IF FOLKS WANT TO CONSULT THEIR DECEMBER CALENDARS OR HAVE HOLIDAY PLANS, UH, YOU KNOW, WE, WE CAN DISCUSS ONE OF THOSE, UM, SIX PROPOSED DATES.
UM, SEE WHAT WORKS FOR LITTLE EARLY
SO, BUT, UH, IT, IF, UH, DOES ANYBODY HAVE ANY, IS THERE ANY DISCUSSION? DOES ANYBODY HAVE ANY INPUT ON DECEMBER? NO.
SHOULD WE JUST PROVISIONALLY PENCIL IN THE NINTH? THE NINTH? YEAH.
GIVES A LITTLE BIT OF TIME FROM THE LAST MEETING TO DO WE DO THIS ON A MOTION OR DO WE JUST SO WHAT I SAY, I BELIEVE, DO THEY NEED A MOTION? YES, I THINK SO BECAUSE YOU HAVE TO ADOPT IT.
SO THE CALENDAR MOVE TO ADOPT DECEMBER 9TH, 2026, YOU'RE MOVING TO, YOU'RE MOVING TO ADOPT ALL OF THE, THE ENTIRE YEAH.
THE ENTIRETY OF THE, ALONG WITH THE PROVISION OF DECEMBER 9TH, 2026.
SO THAT WAS COMMISSIONER FRANCIS MOVING, UH, WAS THERE A SECOND? I HEARD SECOND.
SO ON THE MOTION OF COMMISSIONER FRANCIS HAS, UH, SECONDED BY COMMISSIONER LOCKHART, WHERE, UH, THE QUESTION OCCURS WHETHER TO ADOPT A PROPOSED MEETING SCHEDULE FOR 2026 WITH DECEMBER 9TH AS BEING, UH, THE, THAT DATE.
I'M GONNA GO AHEAD AND DO IT AS A ROLL CALL.
UH, I GUESS, UH, COMMISSIONER, UH, GILKER AYE.
UH, SO WE HAVE A, UH, AN ADOPTED MEETING SCHEDULE, RIGHT? LAST
[11. Election of Vice Chair of the Building and Standards Commission]
BUT ABSOLUTELY NOT LEAST IS ITEM NUMBER 11, UH, PERTAINING TO THE ELECTION OF A VICE CHAIR TO, UM, UH, TO SUCCEED IN THAT OFFICE.OUR, UH, ESTEEMED, UH, UH, COMMISSIONER CAMPBELL WHO HAD TO LEAVE US.
AND, UH, UM, ORDINARILY AS A CHAIR, I JUST TRY TO DEFER TO THE WILL OF THE BODY.
I, UH, ORDINARILY WOULDN'T NOMINATE ANYONE.
UH, BUT IN LIGHT OF, UH, HOW MUCH TURNOVER WE HAD IN TERMS OF PERSONNEL HERE, UH, I'M ACTUALLY GOING TO DEPART FROM MY USUAL CUSTOM AND, AND, AND ACTUALLY, UH, SUGGEST THAT I THINK COMMISSIONER FRANCIS, UH, WOULD BE AN EXCELLENT VICE CHAIR.
UH, SO IF IT, THAT NOMINATION IS ACCEPTABLE TO, UM, COMMISSIONER FRANCIS, THAT'S, THAT'S, UH, I'D LIKE TO PUT THAT NAME FORWARD.
I, I DON'T USE THE WORD EXCELLENT, BUT I, I CAN TRY TO MUSTER THROUGH THAT
AND SO I'LL SECOND THAT MOTION SECOND.
WELL, I MEAN, I THINK, I THINK THE WAY THIS ONE WORKS IS IF THERE ARE NO OTHER NOMINATIONS THAT IT JUST, WE DON'T EVEN REALLY NEED TO VOTE.
IS THAT RIGHT? COUNSEL? OR DO, OR, YEAH.
IF, IF THERE IS REALLY ONLY ONE NOMINATION AND, AND THE INDIVIDUAL HAS ACCEPTED THE NOMINATION, UM, THEN PROCLAMATION, IT SOMEWHAT DEFEATS THE PURPOSE OF THE VOTE.
BUT, YOU KNOW, FOR PERHAPS
ANY OTHER NOMINATIONS? OKAY, THEN I'LL, I'LL, AND FOR SAKE OF CEREMONY, SINCE WE'RE, WE'RE DOING SO WELL ON TIME,
AND COMMISSIONER, UH, FRANCIS, I WILL ABSTAIN FROM THIS MOVE.
UM, DO I NEED ANYTHING ELSE BEFORE I, UH, ADJOURN? WELL, I NEED A MOTION TO ADJOURN.
WOULD SOMEBODY LIKE TO MOVE TO, UH,
[FUTURE AGENDA ITEMS]
FUTURE AGENDA ITEMS? OH, FUTURE AGENDA ITEMS. UM, ARE THERE ANYANYTHING ELSE? YEAH, PROC PUT IT ON IN JULY.
SO PROC LANE, YOU HAD REQUESTED THAT SOME, WE HAD PEOPLE COME IN JULY
[02:35:01]
TO REQUEST THAT IT BE HEARD AND WE HAVEN'T HAD A MEETING.SO IT WILL BE HEARD NEXT AT THE NEXT MEETING.
AND I ALSO WANTED TO SAY OUR NEXT MEETING IS OCTOBER 29TH.
WE WILL NOT HAVE AN OCTOBER REGULAR MEETING BECAUSE WE HAVE A LACK OF FORUM FOR THAT MEETING.
UM, WE WILL HAVE A DECEMBER MEETING ON THE 10TH.
I BELIEVE IT'S TUESDAY THE 10TH IS THE DECEMBER MEETING.
SO IT'S ON A TUESDAY, NOT A WEDNESDAY.
SO JUST IF Y'ALL WOULD TAKE NOTE OF THAT.
AND, UM, I THINK THAT'S ALL I HAD ON THE FUTURE AGENDA ITEMS. OKAY.
MELANIE, COULD YOU FOLLOW UP WITH US IN EMAIL TOO? US ALL? I'LL COVER YEAH, ABOUT THE JUST COVERED SO CALENDAR DATES OR, YES, YES, THAT'D BE HELPFUL.
UH, AND AS FAR AS A FUTURE AGENDA ITEM, I KNOW THAT WE POSSIBLY HAVE A ADDITIONAL COMMISSION MEMBERS COMING FAIRLY SOON.
I WONDERING IF WE WANT TO REIGNITE THE CONVERSATION ABOUT HAVING THE RETREAT AND, AND OKAY.
WE HAVE SO MANY NEW WOULD PROBABLY BE AFTER, AFTER THE FIRST OF THE YEAR AND I LEFT.
THAT WOULD BE A DISCUSSION ITEM FOR NEXT TIME.
SO ADD THAT AS A FUTURE AGENDA ITEM TO DISCUSS THE RETREAT.
DO YOU WANT TO DISCUSS THAT AT THE NEXT MEETING? SURE.
I THINK OR WAIT UNTIL DECEMBER.
SO SORRY, JUST TO BE CLEAR, NO MEETING THIS NE UH, WE HAVE OUR NEXT MEETING ON OCTOBER 29TH AND THEN NO MEETING IN NOVEMBER AND THEN DECEMBER 10TH, RIGHT? YES, THAT'S CORRECT.
AND OUR REGULAR OCTOBER MEETING WILL BE CANCELED BECAUSE WE DON'T HAVE A QUORUM FOR THAT MEETING.
AND THIS IS FOR YOU REALLY GIVEN THE ISSUES THAT WE'VE CONTINUED TO HAVE STRUGGLING TO FILL OUR COMMISSION WITH THE RIGHT AMOUNT OF MEMBERS, AND THAT CONTINUES TO BE SOMEWHAT OF A HINDRANCE TO THIS COMMISSION TO PERFORM THE DUTIES THAT IT'S ASKED TO DO.
I'M WONDERING IF THERE'S, AND, AND I'VE JUST, AS SOME OF Y'ALL KNOW, I'VE GONE TO COUNSEL A FEW TIMES AND PLEADED OUR CASE, BUT WE, WE DON'T SEEM TO BE GETTING ANY TRACTION THAT THE COMMISSION COULD SOMEHOW PUT SOME FORMAL STATEMENT TOGETHER TO THE BODY.
I DON'T KNOW IF THERE'S THAT SEPARATION ISSUE.
SO I'M NOT SURE HOW THAT WORKS, BUT JUST AS OFFICIALLY AS A GROUP TO COME TOGETHER TO VOTE TO SAY, WE RECOGNIZE THIS AND WE AGAIN, WANT TO ENCOURAGE YOU TO DO ALL ITS POSSIBLE, I'M JUST PARAPHRASING, TO ATTEND TO THE COMMISSION'S NEEDS AND FILL THE CHAIRS AS A PRIORITY OR, OR HAVE CONVERSATION ABOUT WHAT MIGHT PRO, WHAT PROCESSES MIGHT CIRCUMVENT THESE ISSUES THAT WE CONTINUE TO HAVE.
ANYWAY, I'M KIND OF RAMBLING, BUT YOU GET THE IDEA.
SO WHAT I'M, WHAT I'M HEARING IS OUT OF, AT A FUTURE MEETING, HAVE THIS BE A DISCUSSION ITEM AS FAR AS WHAT SORT OF STATEMENT YOU ALL CAN TAKE PERHAPS, UH, HAVING A REPRESENTATIVE FROM THIS BODY TAKE THAT PARTICULAR STATEMENT TO COUNSEL SO THAT IT'S KIND OF A MORE, YOU KNOW, WE'VE DISCUSSED THIS AS A COMMISSION AND AS A COMMISSION WE WANTED TO BRING THIS ISSUE TO YOUR ATTENTION IS YES.
IS THAT CORRECT? AND, AND WHAT THE, THE FORMAT FOR THAT MIGHT BE, WHETHER IT'S SOME DRAWN STATEMENT, I DON'T KNOW IF THE, AGAIN, WHAT THE PROTOCOLS ARE FOR US TO COMMUNICATE AS A BODY TO THE COUNCIL, WHAT THAT MIGHT LOOK LIKE ON SOME FORMAL BASIS, BUT JUST COULD, BECAUSE UP TO NOW IT'S JUST BEEN ME GOING IN IS GOING, HEY, WE NEED SOME HELP.
I THINK IT MIGHT HAVE A LITTLE BIT MORE KICK BEHIND IT IF WE JUST SAID, AS A BODY, WE WANT FORMALLY TO RECOGNIZE THE FACT THAT WE'RE REALLY STRUGGLING WITH THIS AND OUR EFFICIENCY IS REALLY FLAT BECAUSE WE CONTINUE TO HAVE THESE CHAIRS.
I MEAN, SOME OF THESE POSITIONS HAVE BEEN OPEN SINCE 23.
SO SOME OF THE DISTRICTS ARE NOT ATTENDING TO THE NEEDS OF THE COMMISSION.
SO I THINK WHAT WE CAN DO IS PUT IT AS AN ITEM FOR THE NEXT AGENDA OR EITHER WHETHER IT'S OCTOBER OR DECEMBER AND THEN I CAN COME BACK AND SAY THIS IS THE PROCESS OR THIS IS, SURE.
IT'S PROBABLY VERY STRAIGHTFORWARD, BUT I'LL JUST CONFIRM.
UM, AND JUST SO THAT YOU ALL ARE AWARE, WE ARE LOOKING AT SOME SOLUTIONS THAT WE CAN EXPLORE TO ADDRESS, YOU KNOW, WHAT HAPPENS IF WE NEED TO HAVE MORE THAN ONE SPECIAL CALLED MEETING, UM, TO MAKE UP FOR ANY REGULAR MEETINGS THAT NEED TO BE CANCELED DUE TO LACK OF QUORUM.
UM, SO I JUST WANNA LET YOU ALL KNOW THAT WE ARE WORKING BEHIND THE SCENES TO ADDRESS THIS ISSUE.
DOES ANYBODY, UH, HAVE A HIGHLY PRIVILEGED MOTION TO ADJOURN? MOVE TO ADJOURN.
UH, COMMISSIONER BARRA MOVES TO ADJOURN, SECONDED BY COMMISSIONER MOPRO.
UH, SHOCKINGLY, NONE OPPOSED, UH, LET THE RECORD REFLECT THAT THE TIME IS NINE 13 AND, UH, THIS, UH, MEETING OF THE BUILDING AND STANDARDS COMMISSION IS NOW STANDARDS AJOUR.