[00:00:03]
[CALL TO ORDER]
THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR OCTOBER 29TH, UH, 2025.LET THE RECORD REFLECT THAT THE TIME IS 6:32 PM UH, MY NAME IS TIMOTHY ST.
I'M A CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, UH, I WILL CALL THE ROLE AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
UH, COMMISSIONER LOCKHART HERE.
AND, UH, COMMISSIONER, UH, VICE CHAIR FRANCIS HERE.
SO THAT'S, UH, WE DO HAVE A QUORUM.
UH, BEFORE THE CASE ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR, OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
UM, TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR SIX ITEMS ON THE POSTED AGENDA.
UH, SIX CASES FROM SIX DIFFERENT PROPERTIES.
CASES WILL ORDINARILY BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION, UH, WILL TAKE CASES OUT OF ORDER IF APPROPRIATE.
UM, UH, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECOR AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES, UH, ELA WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN DEVELOPMENT SERVICES STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
UH, WE ASK THAT THE REPRESENTATIVE OF THE PROPERTY, UH, COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, UH, FOR THE, THE MIC IS THERE, UH, OR IF YOU'RE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
UH, THE CITY WILL PRESENT EVIDENCE AND WITNESSES FIRST, AND WE'LL HAVE FIVE MINUTES TO DO SO.
AND THEN THE OWNER OR PROPERTY REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS, UH, EXAMINE CITY'S WITNESSES.
UH, AFTER THE CITY IS PRESENTED, EVIDENCE AND WITNESSES, THE OWNER OR REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.
AND, UM, AND THEN THE CITY CAN CROSS AND, UH, YOU KNOW, THE CHAIR RESERVES THE RIGHT TO, UH, TO EXPAND TIME AS APPROPRIATE.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
AFTER THE OWNER, REPRESENTATIVE, UH, SORRY.
AND THEN BOTH SIDES CAN, AND THE COMMISSION CAN ASK QUESTIONS, UH, OF, UH, OWNER'S, REPRESENTATIVES, THE CITY OR WITNESSES.
AND, UM, AND THEN IN MY DISCRETION, UH, THE CITY CAN BE PERMITTED TO PRESENT REBUTTAL AFTER, UH, THE PROPERTY OWNER SUMMATION.
UH, AFTER ALL EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO THE, UH, PROPERTY OWNER.
UM, A DECISION IS FINAL AND BINDING, UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK, UH, WHEN YOUR CASE IS CALLED, WITNESSES DO TESTIFY UNDER OATH.
SO ANY PERSON WISHING TO GIVE TESTIMONY THIS EVENING, UH, IN ANY CASE, INCLUDING THOSE REMOTING IN AT THIS TIME, 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? OKAY.
UM, IF THERE'S NOTHING FURTHER, WELL, LET ME, I, I'VE BEEN ADVISED THAT COMMISSIONER GILKER IS PRESENT, SO I WANNA LET THE RECORD REFLECT THAT.
UM, SO WE'LL GO AHEAD AND, AND PROCEED TO CONSIDER, UH, THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
AND WE'LL BEGIN WITH APPROVAL OF, EXCUSE ME ONE MOMENT.
DO WE ORDINARILY DO PUBLIC COMMUNICATION BEFORE OR AFTER LAST WEEK'S, OR LAST MONTH'S? SORRY.
[PUBLIC COMMUNICATION: GENERAL]
HAVE, IT APPEARS AS THOUGH WE HAVE ONE PERSON, UH, REGISTERED FOR PUBLIC COMMUNICATION.IS THERE A JULIE ALEXANDER? OH, PLEASE.
IF YOU WOULDN'T MIND, JUST, UH, STATE YOUR NAME FOR THE RECORD, AND THEN YOU'LL HAVE, UH, THREE MINUTES TO LET US KNOW WHAT, WHAT YOU WANNA LET US KNOW.
AND, AND IF YOU COULD MAKE SURE YOUR MIC IS ON, IF YOU PRESS A BUTTON.
YEAH, A LITTLE RED LIGHT INDICATES THAT IT'S ON.
UM, I AM BEFORE YOU TODAY TO GIVE YOU AN UPDATE ABOUT A CASE AT
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TWO 12 DUNLAP STREET.UM, THE CASE NUMBER IS 2025 DASH 0 3 6 2 1.
UM, I'M COMING BEFORE YOU TO GIVE YOU AN UPDATE.
THE, UM, THIS IS A NEIGHBOR OF OURS.
WE LIVE AT TWO 10 DUNLAP STREET, AND THIS IS OUR NEIGHBOR, TWO 12 DUNLAP STREET.
AND THEY HAVE HAD AN OPEN SEWAGE HOLE IN BETWEEN OUR HOUSES THAT WE'VE KNOWN SINCE THE BEGINNING OF THE YEAR.
AND SO WE'VE COME BEFORE THE COMMISSION AND SPOKEN ABOUT IT, AND WE'VE HAD VERY GOOD RESPONSE AS FAR AS TRYING TO HAVE ASSISTANCE FOR THEM.
UM, BUT AS IT STANDS RIGHT NOW, IT'S A SIX FOOT BY THREE FOOT OPEN SEWAGE HOLE IN BETWEEN OUR HOUSES.
AND SO IT'S, UM, VERY FRUSTRATING HAVING THIS ISSUE STILL CONTINUE FOR 10 MONTHS NOW.
AND, UM, WE ALSO HAVE, THEY ALSO HAVE PEOPLE LIVING IN THEIR BACKYARD, HOMELESS PEOPLE, CAMPING.
AND SO THERE ARE, ARE OTHER ISSUES.
UM, WE ARE TRYING TO BE MINDFUL.
WE HAVE BEEN NEIGHBORS WITH THEM FOR 26 YEARS.
AND SO, UM, BUT THEY'RE UNRESPONSIVE AS FAR AS ACCEPTING ANY ASSISTANCE FROM WHAT I CAN TELL.
AND SO, UM, WE JUST WOULD REALLY LIKE TO SEEK OUT HELP AND REMEDYING THIS, I MEAN, AN OPEN SEWAGE HOLE.
IT HAS TO BE AN ENVIRONMENTAL ISSUE.
YOU KNOW, THERE, THERE'S A LOT OF PROBLEMS WITH IT.
SO I JUST WANTED TO COME FOR YOU AND GIVE YOU AN UPDATE I'VE ALREADY SPOKEN WITH, WITH THE COMMISSIONERS, UH, UM, AND SO I'M, UM, JUST WANTED TO GIVE YOU AN UPDATE.
HAPPY TO TAKE ANY QUESTIONS IF ANYBODY OKAY.
WE'RE NOT POSTED FOR ACTION OR DISCUSSION.
THE GAIN ON THE MIC IS A LITTLE HIGH.
UH, WE'RE NOT POSTED FOR ACTION ON THIS, SO I'M NOT GONNA OPEN IT TO QUESTIONS AT THIS TIME.
BUT, UH, THANK YOU FOR, UH, THANK YOU FOR COMING DOWN TO ME.
SO WE'RE GONNA MOVE ON TO THE AGENDA
[APPROVAL OF MINUTES]
ITEM NUMBER ONE, WHICH IS THE APPROVAL OF THE MINUTES, UH, FROM OUR LAST MEETING.THIS WILL BE THE OCTOBER 8TH, 2025 MEETING.
UM, JUST A WORD TO NEWER COMMISSIONERS THAT YOU, YOU DON'T HAVE TO HAVE BEEN PRESENT AT THE LAST MEETING TO REVIEW THE MINUTES AND, AND VOTE SO YOU DON'T FEEL LIKE AS THOUGH YOU HAVE TO ABSTAIN, UH, JUST BECAUSE YOU WEREN'T HERE.
UM, BUT, UH, YOU'RE OBVIOUSLY WELCOME TO ABSTAIN.
SO AT THIS TIME, HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THE, THE MINUTES I MOVE TO APPROVE THE MINUTES AS WRITTEN? OKAY.
WE HAVE A MOTION FROM COMMISSIONER MUSGROVE TO APPROVE THE MINUTES.
IS THERE A SECOND? SECOND? I DIDN'T HEAR, SORRY, WHO HAD IT? WELL, WE DO HAVE A SECONDED MOTION, SO, UH, WE'LL GO AHEAD AND, UM, AND, AND, UH, DO IT AS A VOICE VOTE.
SO, ALL IN FAVOR OF APPROVING THE OCTOBER 8TH, 20, 25 MINUTES OF THE SPECIAL CALLED MEETING.
ANY OPPOSED? HEARING? NO OPPOSITION.
THE MINUTES ARE APPROVED AND WE WILL MOVE ON TO OUR, UH, CASES.
I'M GONNA BEGIN WITH NEW CASES AND, UH, FORGIVE ME, THAT'S INCORRECT.
I'M ACTUALLY GONNA GO TO A RETURNING CASE.
FIRST, I'M GONNA BEGIN WITH, UM, AGENDA ITEM NUMBER SEVEN, CONCERNING THE PROPERTY AT 52 0 7 PROC LANE.
AND, UH, THE REASON BEING JUST FOR, AGAIN, FOR OUR NEWER MEMBERS, UH, ONE REASON FOR TAKING SOMETHING OUT OF ORDER CAN BE, UH, YOU KNOW, WE TYPICALLY PREFER TO TAKE PROPERTIES THAT HAVE WITNESSES PRESENT AHEAD OF ONES THAT DON'T.
IF THEY'RE UNREPRESENTED, WE DON'T WANNA MAKE PEOPLE WAIT BEHIND, YOU KNOW, EMPTY UH, ITEMS. SO I'LL GO AHEAD AND GO TO ITEM NUMBER SEVEN, AND I'LL TURN IT OVER TO JAMES.
[7. Case Number: CL 2022-081468]
ON THE AGENDA IS A RETURNING CASE REGARDING A RESIDENTIAL PROPERTY LOCATED AT 5 2 7 PROC LANE.THE CASE NUMBER IS CL 2 2 2 8 1 4 68.
PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE BUILDING AND STANDARDS COMMISSION ORDER ISSUED SEPTEMBER IN, IN SEPTEMBER, 2022, AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF OF FOR THE ACCRUED PENALTIES.
ALL PREVIOUSLY ADMITTED EXHIBITS AND NEW EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THE ORIGINAL COMPLAINT DATE FOR THIS CASE WAS NOVEMBER 6TH, 2017.
THE BUILDING AND STANDARDS COMMISSION ISSUED AN ORDER IN SEPTEMBER, 2022, REQUIRING THAT THE OWNER REPAIR OR REMOVE THE ENTRY RAMP AND FRONT PORCH ROOF WITHIN 15 DAYS AND REPAIR THE RESIDENTIAL STRUCTURE WITHIN 90 DAYS.
THE ORDER INCLUDED A CIVIL PENALTY OF $250 PER WEEK, BEGINNING ON THE 91ST DAY OF COMPLIANCE WAS NOT ACHIEVED.
A NEW OWNER PURCHASED THE PROPERTY AND BROUGHT IT INTO COMPLIANCE IN JUNE OF 2025.
BY DEMOLISHING THE STRUCTURE WITH PENALTIES OWED, THE COST OF THE DEMOLITION WAS APPLIED AS AN IN-HOUSE,
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UH, PENALTY OFFSET.THE OWNER IS SEEKING RELIEF FOR THE REMAINING CIVIL PENALTY IS, AS OF TODAY'S DATE, IS $16,444 AND 85 CENTS IN YOUR READER OR GOOGLE DRIVE FOLDER.
YOU WILL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS 1 2 3 A THROUGH THREE K, FOUR FIVE A THROUGH FIVE H, AND EXHIBIT SIX, WHICH INCLUDES AN UPDATED COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD.
IT VERIFIES OWNERSHIP NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
THE RECORDED BSC ORDER ISSUED SEPTEMBER 28TH, 2022, A PENALTY STATEMENT WITH APPROVED OFFSET MEMO AND EXHIBIT SEVEN, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION CODE INVESTIGATOR FARAH PRESLEY IS HERE TONIGHT TO DISCUSS THE VIOLATIONS AND TIMELINE FOR COMPLIANCE AND WILL PRESENT SOME PRE AND POST COMPLIANCE PHOTOS.
INVESTIGATOR PERLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATIONS TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
THIS PROPERTY BEING BROUGHT FORTH TONIGHT AS AN AGE TO BSE REPAIR ORDER FROM SEPTEMBER OF 2022.
THE OWNER REMOVED THE DAMAGED FRONT PORCH RAMP AND OVERHANG OF THE FRONT PORCH WITHIN THE TIMEFRAME OF THE BSE ORDER, BUT THE REPAIRS AND THE STRUCTURE REMAINED.
THE FAMILY WAS GOING THROUGH PROBATE AND COULD NOT OBTAIN PERMITS FOR REPAIRS.
THEY DID SELL THE STRUCTURE AND THE NEW OWNER DID DEMOLISH THE STRUCTURE IN JUNE OF 2025.
I'LL NOW TAKE YOU THROUGH THE PHOTOS.
UH, FIRST PHOTO IS A CONTEXTUAL PHOTO OF THE MAIN STRUCTURE.
THIS WAS WHEN IT FIRST CAME TO BSC FOR AN ORDER.
AND AS YOU CAN SEE, THE HANDICAP RAMP AND THE FRONT PORCH, THE FRONT PORCH WAS DEEMED DANGEROUS AND WAS PART OF THE ORDER TO HAVE THE RAMP AND FRONT PORCH REMOVED IN 15 DAYS, WHICH WAS DONE.
NEXT PHOTO SHOWS THE RAMP AND THE FRONT PATIO ARE GONE AND THE WINDOWS ARE BOARDED UP AND SECURE.
NEXT PHOTO, THIS SHOWS WHY THE CASE REMAINED OPEN FOR THE REPAIR OF THE ROOF.
NEXT PHOTO SHOWS THE NEW OWNER HAS OBTAINED THE PERMITS FOR THE DEMO AND DEMOLISHED THE STRUCTURE.
I WOULD LIKE THE COMMISSION TO CONSIDER TO ADOPT STAFF'S RECOMMENDATIONS.
I'M AVAILABLE FOR ANY QUESTIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT SIX, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT SEVEN, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
NUMBER ONE, AFFIRM THE REMAINING CIVIL PENALTY OF $16,444 AND 85 CENTS ASSESSED FROM THE ORDER ISSUED SEPTEMBER 28TH, 2022, AND RECORDED AS TRV 2 0 2 2 1 6 4 9 8 8.
OR IN THE ALTERNATIVE, NUMBER TWO, IF THE REMAINING CIVIL PENALTY AMOUNT OF $16,444 85 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE THE AMENDED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT, AND THREE ON THE 31ST DAY FROM THE DATE THE AMENDED ORDER IS MAILED.
IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE UNPAID PORTION OF THE REMAINING CIVIL PENALTY INTEREST SHALL CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
ALRIGHT, UH, THANK YOU, JAMES.
SO AT THIS TIME, UH, I WILL, WITHOUT OBJECTION, I WILL ADMIT EXHIBITS, UH, SIX AND SEVEN AS REQUESTED BY THE CITY.
IS THERE OBJECTION, HEARING NONE.
AND THEN, UH, I DO SEE THAT WE HAVE CARDS ON THIS, UH, PROPERTY.
UH, FORGIVE ME, I SHOULD HAVE MENTIONED THIS BEFORE, BUT, UH, COULD THE ANYONE WISHING TO TESTIFY COME DOWN TO, UM, THE FRONT HERE SHOWING, UM, A CODY? SORRY, CARL.
SORRY, I'M, I'M HAVING A LITTLE TROUBLE WITH THE HANDWRITING.
I GUESS I'LL JUST GO IN AND DO YOU WANNA INTRODUCE YOURSELF? YEAH, GOOD EVENING.
UH, BUILDINGS AND STANDARDS COMMISSION.
I'M REPRESENTING THE PROPERTY OWNER, UH, AS THE OWNER.
UM, UH, FIRST OF ALL, I WANNA THANK EVERYONE FOR TAKING
[00:15:01]
TIME OUTTA YOUR DAY TO BE HERE.I, I UNDERSTAND THAT THIS IS, UH, WEDNESDAY NIGHT AND, UM, YOUR WILLINGNESS TO SERVE AS MUCH APPRECIATED.
UH, THIS PROPERTY AT 52 0 7 PROCK LANE, WE BOUGHT FROM THE PREVIOUS FAMILY, UH, THAT HAD FALLEN INTO DISREPAIR.
AND, UM, JUST WANNA SAY, I'M FROM AUSTIN.
I REALLY CARE ABOUT THIS COMMUNITY AND I WANT TO SEE THINGS DONE RIGHT.
AND SO ONE OF THE THINGS I OFFER TO THE FAMILY AS, AS WE MOVE FORWARD WITH THE PURCHASE, WAS IN THE EVENT THAT I COULD CORRECT THE SITUATION THROUGH A DEMOLITION, ANY OFFSET AND PENALTY OR ANY RELIEF WE COULD SEEK FROM THE COMMISSION, I WOULD PASS THROUGH BACK TO THE ORIGINAL FAMILY.
THERE'S A LOT OF, UM, CIRCUMSTANCES AND, AND SITUATIONAL, UH, INSTANCES WHERE THEY, THERE WAS TROUBLE FOR THEM TO, UH, ESSENTIALLY, UH, MAKE THE HOUSE BACK INTO REPAIR.
AND I THINK SHE'S GONNA SPEAK TO THIS MORE, BUT, UM, THAT'S WHY WE'RE HERE TONIGHT.
WE'RE REALLY HERE TO SEEK Y'ALL'S GRACE AND RELIEF, UH, ON THE MATTER FROM THE PENALTY SIDE, SO THAT, UM, THIS LONG TIME AUSTIN FAMILY HAS A CHANCE TO, UM, GET BACK, UH, SOME OF, UH, SOME OF WHAT THEY ARE.
AND IF YOU WOULDN'T MIND, COULD YOU ALSO INTRODUCE YOURSELF JUST FOR THE RECORD? YES, SIR.
UM, MY NAME IS WILLIE MAY HUTCHINS.
AND, UM, I WAS, UM, PREVIOUS OWNER LIVING THERE, UM, CHILDHOOD.
UH, BUT, UM, UM, IT WAS KIND OF ROUGH, UM, WITH THE CITY, UM, BECAUSE I, MY UNDERSTANDING WAS THAT IF WE CORRECTED THOSE, UH, UM, MISTAKES OR THOSE PROBLEMS THAT WAS WITH THE HOUSE, THAT IT WOULD, UH, STOP THE FINES.
AND, UM, 'CAUSE WE WERE GOING THROUGH A WHOLE LOT WITH TRYING TO DEAL WITH AN INVESTOR, FIRST OF ALL, TRYING TO, UH, GO UP ON US AND TAKE THE PROPERTY.
UM, THEN WE WENT FROM, I'M, I'M TRYING TO, YOU KNOW, GET EVERYBODY TOGETHER TO, UM, UH, GET THE PROPERTY SOLD OR GET IT, UH, FIXED OR WHATEVER.
UM, I WAS WORKING TWO JOBS JUST TO DO THE TAXES, SO IT WAS KIND OF HARD FOR ME TO, UH, TO TRY TO, UH, MAINTAIN AND, UH, HOLD ON, HOLD ON TO, UH, A VALUABLE, A SENTIMENTAL VALUE FOR MY MOM BECAUSE I, UM, I, I TOOK, I TOOK CARE OF HER AND, UM, UH, ENDED UP PUTTING HER IN A HOME WITH ME.
AND THAT'S, YOU KNOW, I WASN'T ABLE TO TAKE CARE OF HER HOUSE AND MY HOUSE, BUT I WAS ABLE TO TRY TO, UM, WORK TWO JOBS TO DO HER TAXES AND MY TAXES AND, YOU KNOW, JUST, UH, MAINTAIN.
AND EVERY DAY, YOU KNOW, I'M, I'M GETTING PENALIZED AND DIDN'T REALLY KNOW THAT I WAS GETTING PENALIZED.
I WAS THINKING LIKE EVERY, IF I DID WHATEVER THEY ASKED FOR THROUGH THE CITY, THAT IT WAS STOPPED.
I WASN'T UNDERSTANDING IT, UH, THAT IT WAS, YOU KNOW, CURRENT CONSTANTLY GOING ON AND ON.
SO I'M JUST, UM, HERE TO JUST ASK THAT.
UM, THANK YOU THAT, UM, WE, UM, CAN JUST GET A LITTLE BIT OF, I, YOU KNOW, A LITTLE BIT OF HELP, UH, A LITTLE BIT OF MONEY BACK FROM WHAT WAS, YOU KNOW, TOOK, YOU KNOW, WHEN WE HAD TO SELL THE HOUSE, IT, YOU KNOW, I AM, IT REALLY HURT, HURT ME TO BE ABLE HAVE TO HAVE TO SELL IT.
BUT WHAT ELSE COULD I DO? BECAUSE I WAS STUDY GETTING PENALIZED THROUGH THE CITY ONCE I FOUND OUT THAT THAT'S WHAT WAS GOING ON.
AND, UM, MY HEALTH IS NOT THAT GOOD.
SO, UH, I'M HAVING TO SLOW DOWN WITH THE JOBS AND JUST WORK MY REGULAR JOB AND TRY TO TAKE CARE OF MYSELF.
SO I'M JUST ASKING THAT, UM, Y'ALL PLEASE TAKE ANOTHER LOOK AT, UH, THE WHOLE SITUATION AND JUST SEE WHAT IS ABLE TO BE CORRECTED.
YOU KNOW, BECAUSE WE HAVE A LOT OF PEOPLE THAT'S IN THIS CITY, UM, THAT IT'S JUST WORKING TO DO THEY BEST.
AND, AND, AND IT HURTS THAT I'VE, YOU KNOW, THAT WE ARE GETTING CUT OFF LIKE THIS WITH THE, THE, UM, PENALTIES AND NOT, I MEAN, YOU KNOW, YOU'RE NOT REALLY UNDERSTANDING IT.
UM, AND I, I MEAN, I DON'T THINK NOBODY'S PERFECT.
[00:20:01]
ALL, UNDER CONSTRUCTION, WE ALL LEARNING EVERY DAY.EVERY DAY IS A LEARNING PROCESS.
AND THIS HAS GAVE ME A LEARNING PROCESS, YOU KNOW? 'CAUSE I HAVE A HOUSE OF MY OWN, SO I KNOW WHAT I'M GONNA HAVE TO LOOK TOWARD NOW, YOU KNOW, IF I HAVE TO GO THROUGH THIS SITUATION EVER AGAIN.
SO I JUST WANNA SAY THANK Y'ALL FOR LETTING ME SPEAK, AND, UH, UM, AND I APOLOGIZE FOR THE CRY.
NOT NOT AT ALL, BUT I'M VERY, I'M VERY EMOTIONAL.
THANK YOU SO MUCH FOR BEING HERE TONIGHT.
WE, WE APPRECIATE YOUR TESTIMONY.
AND I JUST SHOW WE HAVE ONE MORE CARD, JOSH? YES, SIR.
IF YOU WOULDN'T MIND, JUST INTRODUCE YOURSELF FOR THE RECORD.
UH, MY NAME IS JOSH HERE, BRUNSON.
UM, I'M REPRESENTED OF THE FAMILY ON THE SALE.
UH, I'VE KNOWN THE FAMILY FOR CLOSE TO A DECADE NOW.
UM, YOU KNOW, I, I APPRECIATE EVERYONE'S TIME THIS EVENING, COMMISSIONERS.
UM, YOU KNOW, THE REASON WHY WE, UH, WENT AHEAD AND WORKED WITH, UH, MR. CARR AND THEIR BUILDING GROUP IS THAT THEY WERE WILLING TO ASSIST US ON THIS MATTER.
UM, UH, THIS WAS BROUGHT INTO MY ATTENTION A FEW YEARS AGO.
I KIND OF, AFTER THE, WE HAVE A VIDEO OR, OR SOME DOCUMENTS TO SHOW YOU SOON AFTER.
BUT, UM, A GENTLEMAN TRIED TO LAY CLAIM, LAY CLAIM TO, UH, ASSUMING TITLE.
UM, AND THIS IS KIND OF WHERE ALL THE PROBATE ISSUES STARTED, UH, POPPING UP.
SO NOT ONLY THE 16,000 THAT WE'RE TRYING TO GET HERE, THE FAMILY'S ALREADY SPENT.
WELL, WILLIE MAY HAS, UH, 15, ABOUT 50,000 IN REGARDS TO ATTORNEY FEES, TRYING TO GET THIS PROPERTY FROM BEING STOLEN FROM THEM.
UM, WHICH, YOU KNOW, THERE'S A WHOLE KU, UH, VIDEO ON THIS, UH, BACK IN 2021.
SO THIS HAS BEEN AN ONGOING ISSUE AND, AND A LOT OF BURDEN FOR THE FAMILY.
UM, AND WE'VE TRIED TO SATISFY THIS OVER THE YEARS.
AND I, MY ASSUMPTION AS WELL WAS THAT THE, THE PENALTIES WOULD'VE PAUSED AT THIS TIME, AS WE CAN SEE, THAT ROOF IS FAR GONE.
BUT ALSO TO COME OUT OF POCKET ANOTHER 10, $12,000, OR TRY TO FIND 10, $12,000 TO, UM, YOU KNOW, RESPECTFULLY DEMOLISH A FAMILY HOME, UM, YOU KNOW, WHERE A LEGACY HAS BEEN AT FOR, YOU KNOW, THREE GENERATIONS.
BUT, UM, YOU KNOW, I DO ASK THAT, YOU KNOW, YOU, WE, WE TAKE SOME COMPASSION AND UNDERSTANDING FOR THIS SITUATION.
THIS ISN'T SOMETHING THAT'S BLATANTLY HAS BEEN LEFT.
UM, THIS HAS BEEN SOMETHING THAT THE FAMILY'S BEEN BATTLING FOR ABOUT FIVE YEARS NOW.
AND I, WE HOPE TO, YOU KNOW, BE HERE TONIGHT TO PUT THIS TO REST.
AND I THANK EVERYONE FOR THEIR TIME.
UH, WHAT I'LL DO AT THIS TIME, BEFORE I OPEN IT UP TO THE, TO THE, SORRY, JAMES, DID YOU HAVE SOMETHING I DIDN'T, UH, JUST WANTED TO REMIND YOU THAT THE, UH, PROPERTY OWNER HAS, UH, GIVEN US AN EXHIBIT MM-HMM
AND, UM, ALSO WITH THAT, THERE IS A, UH, VIDEO THAT, UM, WELL, FRANKLY, WITHOUT, UM, I, I THINK WE'D LIKE TO PASS ON OUR OWN SUMMATION AND PERHAPS LET THEM, LET THE VIDEO SPEAK TO THEIR OWN SUMMATION.
UH, SO WHAT I'D LIKE TO DO, CAN, HOW MUCH, HOW LONG IS THE VIDEO? IT'S LIKE, LIKE, TWO AND A HALF MINUTES.
UH, SO, UH, CON UH, SONIA, UH, IS THERE AN ISSUE WITH ADMISSIBILITY? IS THIS, UH, IS THIS NOTICEABLE? IS IT HEARSAY? I MEAN, CAN WE PLAY A VIDEO AS LIKE A SORT OF DEMONSTRATIVE, I JUST WANNA MAKE SURE THAT WE'RE NOT RELYING ON SOMETHING THAT, UM, THAT WOULD HAVE EVIDENTIARY PROBLEMS. UM, IF I MAY ASK, WHAT, WHAT SORT OF VIDEO IS THIS? IT WAS DONE BY A LOCAL NEWS GROUP, I THINK KVU OR K-K-X-U-E, UM, UH, EXCUSE ME IF I'M MISTAKEN ON THE EXACT K KAN.
K IT WAS, IT WAS DONE BACK IN 2021 ON THE, THE SITUATION THAT HAS KIND OF LED TO WHERE WE'RE AT TODAY.
UM, I MEAN, IT'S FROM A, A NEWS SOURCE CHAIR, SO I THINK, AND AUSTIN WOMAN IS, IS FIGHTING TO HOLD ON HER CHILDHOOD, I THINK IN THAT CIRCUMSTANCE, BECAUSE IT WAS BY A NEWS SOURCE AND IT'S ALREADY DISPLAYED TO THE PUBLIC, RIGHT? TECHNICALLY.
I THINK IT, IT COULD BE ADMISSIBLE.
IT'S KINDA MY INTUITION AS WELL, BUT I JUST, I WANTED TO, YOU KNOW, GET SOME, UH, SUPPORT FOR THAT.
CHAIR, UM, BE, I DON'T KNOW IF IT'S JUST THE VIDEO THAT THEY HAVE, BUT IT SOUNDED LIKE THEY MAY HAVE ANOTHER EXHIBIT, SO I JUST WANNA MAKE SURE THAT THEIR EXHIBITS GET ADMITTED.
WAS THERE A, A WRITTEN EXHIBIT AS WELL, OR SLIDES? WE PRINTED OUT THE, WE SENT OVER A PDF MM-HMM
OF, OF THE, THE NEWS ARTICLE, JUST IN CASE THAT VIDEO WASN'T ABLE TO BE PLAYED.
SO, SO WITHOUT OBJECTION, I'M GONNA GO AHEAD AND ADMIT BOTH THE PDF THAT WAS, WAS FURNISHED AND SHOULD BE IN Y'ALL'S READERS AND THE VIDEO.
AND THEN I'LL GO AHEAD AND ASK, UH, PEOPLE TO MUTE MICS.
AND THEN WE WILL, WE'LL ASK THAT THAT VIDEO WILL BE PLAYED AT THIS TIME IF THERE'S, IS THERE OBJECTION? ALL RIGHT.
LET'S, LET'S, LET'S PLAY THE VIDEO.
[00:25:01]
ACCIDENT CAN QUICKLY LEAVE YOU UNABLE TO WORK, CAUSING MONTHLY BILLS TO START PILING UP.AT THOMAS J. HENRY, WE UNDERSTAND THE FINANCIAL STRESS THAT CAN FOLLOW A SERIOUS ON THE JOB INJURY.
THOMAS J. HENRY, THE NAME, YOU KNOW, THE FIRM YOU TRUST.
AN AUSTIN WOMAN IS FIGHTING TO HOLD ONTO HER CHILDHOOD HOME AFTER AN INVESTOR SET HIS SIGHTS ON IT.
NOW SHE AND HER FAMILY MEMBERS ARE BEING SUED AND COULD END UP HAVING TO PAY THOUSANDS OF DOLLARS TO KEEP THE PROPERTY IN THE FAMILY.
CBS AUSTIN'S MELANIE TORE, EXPLAINS HOW IT CAN HAPPEN TO YOU.
REALLY, LIKE, STRESSING ME OUT.
NATIVE WILLIE MAE HUTCHINS, THE SOURCE OF HER HEARTACHE, SITS HERE ON PROC LANE IN EAST AUSTIN, AN 800 SQUARE FOOT HOUSE BUILT IN 1962 HOME TO HER MOTHER, VALERIE SAWYERS.
FOR NEARLY 40 YEARS, THIS BECAME THE, THE HOUSE THAT EVERYBODY, YOU KNOW, CL TO.
IT'S THE HOUSE WHERE WILLIE MAE GREW UP FAR FROM FANCY, BUT RICH IN ITS OWN WAY.
SHE MIGHT NOT HAVE A WHOLE LOT OF MONEY, BUT SHE HAD A WHOLE LOT OF LOVE.
VALERIE'S GRANDSON, KENDALL SAWYERS SAYS, AS A KID, THIS HOUSE WAS HIS PLAYGROUND.
WE HAD A HOME OF OUR OWN, BUT GRANDMA HOUSE WAS DIFFERENT.
YOU KNOW, GRANDMA HOUSE, WE HAD OUR BIKES OVER HERE.
YOU KNOW, WE, WE, WE HAD OUR FRIENDS OVER HERE.
KENDALL AND WILLIE MAE KNOW THE HOUSE NEEDS A LOT OF WORK.
THEY'VE MET WITH CONTRACTORS ABOUT THEIR OPTIONS, BUT RIGHT NOW, THEIR ONLY FOCUS IS KEEPING IT OUT OF A STRANGER'S HANDS.
YEARS AGO, INVESTORS STARTED REACHING OUT, INTERESTED IN BUYING, BUT VALERIE WOULDN'T SELL.
SHE WOULD SAY, YOU KNOW, I'M NOT INTERESTED.
I WORKED ALL THESE MANY YEARS AND I'M GONNA STAY HERE.
WHEN VALERIE DIED IN 2016, THE PROPERTY WAS SPLIT AMONG THE KIDS.
BUT WILLIE MAY SOON FOUND OUT, HOLDING ON WOULDN'T BE EASY.
I STARTED GETTING PHONE CALLS.
THIS TIME THE INVESTOR WOULDN'T TAKE NO FOR AN ANSWER.
WHEN WILLIE MAY, TRUE TO HER MOTHER'S WISHES, REFUSED TO SELL, THE INVESTOR TRACKED DOWN OTHER POTENTIAL ERRORS, URGING THEM TO SIGN ON THE DOTTED LINE.
INSTEAD, ACCORDING TO THESE DEEDS, TWO OF NINE DID HANDING OVER A COMBINED THIRD OF THE PROPERTY.
BUT THE FAMILY SAYS, WHO INTENTIONALLY SIGNED WHAT IS UNCLEAR.
WHEN I TALKED TO ONE OF THE, THE FAMILY MEMBERS, SHE STATED THAT, HEY, I, I DID SIGN A PAPER.
THE PAPER WAS ONLY SUPPOSED TO ACKNOWLEDGE THAT MY GRANDFATHER WAS HER, HER, HER FATHER.
IN MY OPINION, I THINK SHE WAS MISLED.
CBS AUSTIN REACHED OUT TO THE INVESTOR WHO'S A REAL ESTATE ATTORNEY IN SAN ANTONIO.
WE LEFT MESSAGES AND SENT EMAILS TO HIM AND HIS LAWYER.
SINCE BECOMING A PARTIAL OWNER AND ESTABLISHING A TRUST, HE'S PAID ALL OF THE PROPERTY'S TAXES AND IS SUING THE FAMILY FOR REPAYMENT.
AFTER A WEEK, WE RECEIVED A STATEMENT SAYING, IN PART, THE PROPERTY TAXES REMAINED SUBSTANTIALLY DELINQUENT.
MANY TIMES REAL ESTATE TRANSACTIONS BETWEEN ORIGINAL FAMILY MEMBERS GO SOUR FOR A VARIETY OF REASONS.
AND ULTIMATELY, THE PROPERTY IS AUCTION.
BUT THE PROCLAIM PROPERTY HAS NEVER BEEN AT RISK FOR TAX, FORECLOSURE OR AUCTION.
ACCORDING TO THE TRAVIS COUNTY TAX OFFICE, WILLIE MAY STARTED A PAYMENT PLAN LAST YEAR TO CATCH UP ON PAST DUE TAXES.
AND THIS RECEIPT SHOWS SHE CONTINUED MAKING PAYMENTS EVEN AFTER THE INVESTOR PAID EVERYTHING IN FULL AND SUED HER FOR REPAYMENT.
THE INVESTOR TELLS US THE TRUST INVOLVEMENT IS PART OF A WORKOUT PROCESS THAT IT INTENDS TO RESOLVE FOR THE BENEFIT OF ALL IMPACTED PARTIES IN INCLUDING ALL EIGHT CO-OWNERS AND ITS NEIGHBORS.
AS AREAS BECOME MORE GENTRIFIED, WE SEE INVESTORS DO ALL SORTS OF THINGS TO ACQUIRE PROPERTIES.
ELIZABETH BARADA DAVILA IS A STAFF ATTORNEY WITH TEXAS RIO GRANDE LEGAL AID SPECIALIZING IN HOUSING LAW.
SHE'S SEEN DETERMINED INVESTORS CALL IN CODE COMPLAINTS, DIG THROUGH DELINQUENT TAX RECORDS, AND HUNT DOWN PROPERTY OWNERS HEIRS TO SEIZE THE RIGHT PIECE OF LAND IN THE RIGHT AREA.
IT'S LEGAL, IT'S, YEAH, IT'S LEGAL.
UM, UNFORTUNATELY IT IS, BUT SOME HEIRS CAN FIGHT BACK.
THANKS TO THE UNIFORM PARTITION OF HEIRS PROPERTY ACT PASSED IN 2017.
IT'S A LAW THAT WAS ENACTED, UM, HERE IN TEXAS TO PROTECT LAND OWNERS FROM BEING BOUGHT OUT BY OUTSIDE INVESTORS.
LIZBETH EXPLAINS WHEN AN INVESTOR CHALLENGES SOMEONE IN COURT FOR FULL OWNERSHIP OF A PROPERTY, THE HEIRS HAVE THE RIGHT TO BUY THE INVESTOR OUT FIRST IF THEY CAN AFFORD IT.
THIS COMES DOWN TO WHO'S IN BETTER FINANCIAL SHAPE.
YES, HER ADVICE TO HOMEOWNERS WILL A SINGLE PROPERTY TO A SINGLE PERSON.
IT'S WHEN A HOME ENDS UP IN SEVERAL DIFFERENT HANDS THAT THE DOOR IS LEFT OPEN
[00:30:01]
FOR INVESTORS TO STEP IN.IT'S DIFFICULT, UH, BECAUSE YOU CAN'T ALWAYS NOT, UM, GIVE EQUALLY TO ALL YOUR CHILDREN, BUT I DO THINK IT'S, IT'S SAFER TO JUST HAVE IT IN ONE PERSON AND PROVIDE OTHERS WITH, YOU KNOW, LIFE ESTATES.
THE DILAPIDATED HOUSE ON PROC LANE SITS ON A 16TH OF AN ACRE.
THE COUNTY APPRAISAL DISTRICT VALUES IT AT $271,000 ON THE SAME STREET.
A HOME REBUILT THREE YEARS AGO WAS RECENTLY LISTED FOR THREE QUARTERS OF A MILLION DOLLARS.
A CLEAR PICTURE OF AUSTIN'S REAL ESTATE.
THEY'RE PAYING ON AND, AND HOPING THAT WE'RE DEALING WITH SOME POOR PEOPLE THAT DON'T KNOW ANY BETTER, AND WE CAN COME IN AND, AND TAKE ADVANTAGE OF 'EM.
THE INVESTOR NOW CLAIMS TO HOLD MORE INTEREST IN THE PROPERTY THAN ANY OF VALERIE'S CHILDREN.
WILLIE MAY IS WORRIED AFTER HE SUES HER FOR TAX REPAYMENT, THEN HE'LL COME FOR FULL OWNERSHIP OF THE PROPERTY.
THE STRESS IS TAKING A TOLL ON HER MIND AND BODY.
I WANT TO LIVE FOR MY KIDS AND MY GRANDKIDS AND MY FAMILY 'CAUSE I LOVE HER.
AND I FEEL LIKE I'M LOSING DOUBT BECAUSE OF THIS SITUATION AS AN HEIR.
THE LAW IS ON HER SIDE IN THE FIGHT FOR FULL OWNERSHIP, BUT SHE'LL LIKELY HAVE TO COME UP WITH THOUSANDS OF DOLLARS TO HIRE AN ATTORNEY AND BUY ONE THIRD OF THE PROPERTY BACK FROM THE INVESTOR AT MARKET PRICE.
MY BIGGEST FEAR IS LETTING MY MAMA DOWN FEELING LIKE I DIDN'T DO WHAT I I WAS SUPPOSED TO DO FOR HER.
THIS IS NOT THE ONLY CASE IN TRAVIS COUNTY WHERE THIS SAME INVESTOR IS SUING A PROPERTY OWNER'S HEIRS.
HE'S DOING IT WITH ANOTHER HOUSE, JUST A COUPLE BLOCKS FROM HERE AND HAS PENDING LAWSUITS IN SAN ANTONIO.
THAT'S WHERE THE INVESTOR IS ALSO BEING SUED BY THE COUNTY AND THE SCHOOL DISTRICT FOR NOT PAYING PROPERTY TAXES.
MELANIE TORY, CBS AUSTIN NEWS.
UH, JUST BECAUSE OF THE AMOUNT OF TIME THAT, THAT THE PRESENTATIONS HAVE TAKEN, I'M, UH, RATHER THAN, UH, GO TO SUMMATIONS AND SUCH, I'M GONNA JUST GO STRAIGHT TO TO QUESTIONS RIGHT NOW.
AND I'LL RECOGNIZE ANYBODY WHO HAS QUESTIONS FOR, UH, COMMISSIONER MAY BOB? YES.
UM, I HAVE TWO QUESTIONS FOR CITY STAFF, UM, JUST TO MAKE SURE THAT I UNDERSTAND, UH, WHAT WE'RE BEING ASKED TO ACTUALLY MAKE A DECISION ON.
WHO IS RESPONSIBLE FOR THE REMAINING FINE AT THIS MOMENT? THE CURRENT OWNER OR THE PREVIOUS OWNER? THE CURRENT OWNER.
UM, AND HAS THE OFFSET BEEN APPLIED ALREADY? THAT IS ACTUALLY, YES, THAT'S CORRECT.
UM, SO THE REMAINING, UH, WHAT WE DISCLOSED IS THE REMAINING BALANCE IS WHAT'S, WHAT'S LEFT.
UM, MR. CARR, CAN YOU, UM, CLARIFY FOR ME HOW, UM, HOW IT WOULD BENEFIT THE FORMER OWNER? SHOULD WE, UM, CHANGE THE, YOU KNOW, AMEND THE RULING FROM EARLIER? YES, UH, VERY SIMPLY, I'M GONNA CUT HER A CHECK FOR THAT AMOUNT.
JUST TO FOLLOW UP THE, FOR THE ENTIRE AMOUNT, UH, YEAH.
THE, THE PLAN HERE IS TO GIVE THEM THE ENTIRE AMOUNT, BOTH THE OFFSET, UH, THAT WAS APPLIED FROM THE CODE DEPARTMENT, PLUS ANY ADDITIONAL PENALTY OFFSET, UM, FOR A TOTAL OF AROUND $30,000.
JUST, UM, I WAS CURIOUS ABOUT THAT MYSELF.
AT THIS TIME, IF THERE IS NO FURTHER QUESTIONS OR DISCUSSION, UH, UH, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING SO THAT WE CAN BEGIN DELIBERATING.
UH, ON THE MOTION OF VICE CHAIR CAMPBELL, UH, SORRY.
UH, SO, UH, I WILL, IN FAVOR OF, UM, CLOSING THE PUBLIC HEARING, PLEASE SAY, AYE.
UH, SO, UH, THE COMMISSION IS, THE PUBLIC HEARING IS CLOSED, AND WE WILL NOW PROCEED TO CONSIDER THE, UH, RECOMMENDATION.
AND, UH, AS A REMINDER TO, UH, MY FELLOW COMMISSIONERS AND FOR THE NEWER MEMBERS, WE DON'T JUST HAVE OPEN-ENDED DISCUSSION.
WE, WE DISCUSS ON, ON A PENDING MOTION ONCE IT'S BEEN MADE.
SO I'LL START BY ENTERTAINING A MOTION IF ANYBODY HAS ONE.
CHAIR RECOGNIZES VICE CHAIR, FRANCIS CHAIR.
[00:35:02]
HANG ON.I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING.
THE FACT, CONCLUSION THE LAW STAFFS RECOMMENDED AN ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER THAT THE NUMBER ONE AFFIRM THE REMAINING CIVIL PENALTY OF, UH, CHANGING IT FROM 16,444 TO THE 5,465.
UH, SAYS FROM THE ORDER, IF THE REMAINING PENALTY IS REDUCED, ALLOW 30 DAYS FROM THE DATE THAT THE ORDER IS MAILED ON THE 31ST DATE, THE FULL PENALTY WOULD BE DUE.
SO THE MOTION, UH, IS TO ADOPT FINDINGS OF FACT AND CONCLUSIONS OF LAW, BUT TO REDUCE THE FINE FROM $16,444 85 CENTS TO $5,465.
UH, IS THERE, SO THERE IS, UM, A MOTION ON THE FLOOR BY VICE CHAIR CAMPBELL, SECONDED BY COMMISSIONER IBARRA.
UH, WE'LL CONSIDER DISCUSSION OF THE MOTION AND I'LL RECOGNIZE VICE CHAIR, UH, AS THE MAKER OF THE MOTION TO OPEN IF YOU'D LIKE.
SO THAT WAS THE AMOUNT FROM THE LOW COMPLEXITY.
LOOKING AT AND GIVEN THE ORIGINAL CONVERSATIONS AND THE TIME AND ALL THAT'S GONE ON WITH THAT, I WAS MADE AN ASSUMPTION THAT THAT WOULD LAND IN THAT LOW COMPLEXITY.
TO THE NEW COMMISSIONERS, WE DID AN ANALYSIS OF WHAT TIME COSTS ARE AND WHAT BASELINES THE CITY LAYS OUT TO GO THROUGH CERTAIN MOTIONS TO MOVE THINGS THROUGH THE PROCESS, IF THAT MAKES SENSE.
AND BASED ON THAT ANALYSIS, THERE WAS LOW COMPLEXITY AND HIGH COMPLEXITY CASES.
THIS WOULD FALL INTO THE GENRE BELOW COMPLEXITY CASE.
AND SO THAT DOLLAR AMOUNT WOULD JUST COVER WHAT THE CITY'S COSTS WERE TO GET THROUGH THAT PROCESS.
INSTEAD OF JUST SOME ARBITRARY NUMBER.
SO AS, AS A, AS A BOTTOM LINE, THAT'S WHY I MADE THAT MOTION.
IS THERE ANY OTHER DISCUSSION? UH, COMMISSIONER TEVI, DID YOU HAVE SOMETHING OR, UM, I, I GUESS I WANTED TO, UH, CLEAR UP SOMETHING ON MY END, UH, FROM THE COMMISSIONERS.
I, I, AND SOMEONE DID ASK ABOUT THIS, BUT IS, SO THIS IS A CLASSIC HEIRS PROPERTY ISSUE.
HAVE, IS, IS THE DISPUTE OVER THE PROPERTY OWNERSHIP ONGOING, OR HAS THE PROPERTY COMPLETELY LEFT THE HANDS OF THE FAMILY? I WASN'T QUITE CLEAR ON THAT.
UH, I, I THINK THAT'S A GOOD QUESTION FOR THE OWNER.
UM, SO PUBLIC DISCUSSION IS CLOSED, SO WE'RE NOT INVITING OPEN-ENDED FURTHER TESTIMONY.
BUT IF, IF YOU, IF YOU'RE ABLE TO RESPOND TO COMMISSIONER TOM VIC'S QUESTION, UH, IS TITLE, IS TITLE PASSED? IS IT, IS IT Y'ALL'S NOW? YEAH.
WE, THERE'S BEEN CLEAR TITLE POLICIES ISSUED.
I CAN'T COMMENT ON WHETHER THERE'S O OTHER MATTERS, BUT RELATED TO THIS PROPERTY, IT'S CLEAR TITLE AND HAS PASSED INTO OUR NAME FOR A WHILE NOW.
AND SO THE INTENTION RIGHT NOW I JUST WANNA MAKE SURE I UNDERSTAND, IS, UH, THE FINE THEREFORE WILL BE APPLIED TO THE CURRENT TITLE OWNER, IS THAT RIGHT? I, YES.
UH, YEAH, THEN IN THAT CASE, I THINK, UM, VICE CHAIR FRANCES HAS, I THINK, DONE THE MATH RIGHT.
AND I THINK I WOULD SUPPORT THIS PARTICULAR MOTION ALRIGHT.
WITH HIS, UH, WITH HIS AMENDMENTS.
AND THEN ANOTHER, JUST A, AGAIN, FOR THE BENEFIT OF THE NEWER MEMBERS, UH, OBVIOUSLY YOU CAN DO WITH YOUR COMMISSION WHAT YOU WILL, I MEAN, THIS IS, YOU KNOW, I CAN'T TELL YOU HOW TO VOTE, BUT, UH, I DO RECOMMEND JUST FOR SAKE OF EFFICIENCY AND COURTESY, THAT IF YOU FEEL AS THOUGH YOU'RE INCLINED TO VOTE NO ON A MOTION, THIS IS THE OPPORTUNITY TO DISCUSS IT.
YOU KNOW, IN OTHER WORDS, IF YOU'D LIKE TO PROPOSE AN AMENDMENT OR SOMETHING BETTER TO DO THAT BEFORE WE CALL IT, THEN TO, YOU KNOW, TO BLINDSIDE SOMEBODY ON A, ON A VOTE.
SO, UH, IF THERE'S NO DISCUSSION, UH, I LOOKS LIKE I CAN GO AHEAD AND, AND, UH, PUT THE QUESTION TO THE, TO THE COMMISSION AND I'LL DO THAT.
THIS WILL BE A ROLL CALL VOTE.
UM, AND I'LL BEGIN WITH COMMISSIONER GARZA TO CONFIRM THIS VOTE IS ON THE AMENDMENT.
UH, SO THERE HASN'T TECHNICALLY BEEN AN AMENDMENT.
WHAT HAS HAPPENED IS THE MAIN MOTION THAT WE'RE CONSIDERING IS A MODIFICATION OF THE RECOMMENDED ORDER BY THE CITY.
SO FOR LIKE A, A, A ROGER'S RULES.
ROBERT'S RULES, SORRY, I CAN'T TALK.
FOR SOME REASON,
[00:40:01]
MAIN MOTION.UH, SO WHAT, WHAT VICE CHAIR FRANCIS HAS DONE IS HE HAS MOVED TO, UH, ADOPT A VERSION OF THE CITY'S, UH, RECOMMENDED, UH, ORDER, BUT TO REDUCE THE PENALTY FROM $16,445 85 CENTS TO $5,444 85 CENTS.
I'M, I'M JUST PUTTING THE MAIN MOTION AT THIS TIME.
AND SO, AND SO AGAIN, IT'LL BE A ROLL CALL VOTE.
UH, YOU SIGNIFY, UH, APPROVAL BY SAYING AYE OR NAY.
AND, UM, AGAIN, COMMISSIONER GARO AYE, UH, COMMISSIONER GAR VOTES.
COMMISSIONER GILER GILKER AYE.
COMMISSIONER GRO AYE, UH, COMMISSIONER TOM LOVICH.
AYE, UH, COMMISSIONER LOCKHART.
AYE, UH, COMM, UH, VICE CHAIR FRANCIS AYE.
THERE BEING, I'VE LOST COUNT NINE AYES.
AND IS THAT RIGHT? NINE AYES AND NO NAYS? UH, THE, THE MOTION CARRIES.
UM, SO THE, UH, ORDER WILL BE MAILED OUT AND, UM, IF YOU HAVE ANY QUESTIONS, JUST KEEP IN TOUCH WITH THE CODE OFFICIAL YOU'VE BEEN WORKING WITH.
UH, THANK YOU SO MUCH FOR BEING HERE TONIGHT.
UH, APPRECIATE YOUR TESTIMONY.
APPRECIATE YOU TAKING THE TIME, AND JUST BEST OF LUCK WITH EVERYTHING, MS. THANK YOU VERY MUCH.
UH, SO LEMME, LEMME JUST MAKE SURE, UM, WAS JAMES, WAS THERE AN INDICATION THAT THERE WAS A PROPERTY THAT WANTED TO, TO ASK FOR CONTINUANCE WE WERE GONNA BRING UP OUT OF ORDER? OR IS THAT NO LONGER? YES, IT'S THE APPEAL.
UM, AND SO JUST, I WANNA GET SOME ADVICE FROM COUNSEL ON THAT.
SO IF, IF THE OWNER IS GONNA ASK TO CONTINUE, WE'D HAVE TO CALL IT AS AN AGENDA ITEM AND BRING THE OWNER UP FOR THAT, OR JUST LIKE IT WAS.
CHAIR, IF YOU'LL CALL THE OWNER SO THAT THIS WAY YOU MIGHT HEAR ANY TESTIMONY HE MIGHT HAVE IN REGARDS TO WHY HE'S REQUESTING THE CONTINUANCE.
UM, ESSENTIALLY WE'LL PROCEED IN THAT FASHION.
UM, AND IS THAT OKAY, IS THAT WE CAN BRING UP THE APPEAL NOW.
IS EVERYBODY ON BOARD WITH THAT OR
SO, UH, SO THE CASE WE'RE REFERRING TO, UH, IS, UH, I BELIEVE IT WAS ITEM NUMBER NINE ON THE AGENDA.
UH, AND SO I'LL GO AHEAD AND, UH, IF, UH, IF THERE'S ANYBODY HERE ON ITEM NUMBER NINE, PARTICULARLY WISHING TO ASK FOR CONTINUANCE, IF YOU WANT TO GO AHEAD AND, AND TAKE A, UH, A SEAT DOWN FRONT NOW, AND I'LL, I'LL TURN IT OVER TO JAMES TO, UM, TO PRESENT THE CASE.
SORRY, CHAIR, JUST BRIEFLY, UM, BECAUSE OF WHAT WILL, I THINK AT THIS POINT, IT'S JUST CONSIDERATION OF THE CONTINUANCE.
UM, AND SO WHEN YOU OPEN THE CASE, WE'RE, WE'LL JUST ADDRESS THE CONTINUANCE PORTION FIRST.
[9. Case Number: CV 2024-010522]
NUMBER, NUMBER NINE ON THE AGENDA IS AN APPEAL REGARDING 2 0 1 WEST POWELL LANE.THE CASE NUMBER IS CV TWO ZERO.
IS IT WORKING? OKAY, CV 2 0 2 4 0 1 0 5 2 2.
AND IS REGARDING A, UM, NOTICE OF A NOTICE OF VIOLATION APPEAL.
UM, I THINK THAT THAT SHOULD DO IT RIGHT? UH, WE CAN, WE CAN CONTINUE TO PUT OUR CASE ON AND THEN AFTER, AFTER THE CONSIDERATION OF THE, OF THE REQUEST FOR A CONTINUANCE.
THEN IN THAT CASE, UH, CHAIRMAN, REAL QUICK.
YEAH, NO, I, YOU'RE RECOGNIZED, UH, COULD YOU JUST INTRODUCE YOURSELF FOR THE RECORD, PLEASE? I, I CAN'T HEAR ANYTHING.
MY NAME IS FRANK, ER, I'M, I'M AN APPELLANT, THEY'RE LETTING ME TALK TO YOU.
MY HEARING AID WAS SUPPOSED TO COME IN THIS WEEK AND IT HAS NOT COME IN AND MY OTHER ONES WENT OUT.
AND SO I, EVERYTHING I'M HEARING IS JUST A MODEL.
I CAN'T HEAR ANY, ANYTHING THAT'S BEING SAID.
I COULDN'T HEAR ANY OF THE TESTIMONY OR ANYTHING.
AND I, UH, I JUST WANT YOU TO UNDERSTAND THAT, UM, I HAVE READ THE VIOLATIONS AGAINST ME AND THERE'S A LOT OF, UM, UH, INACCURACY IN THE, IN THE VIOLATIONS
[00:45:01]
AND I NEED TO BE ABLE TO HEAR AND RESPOND TO THAT.SO I'M ASKING FOR A CONTINUANCE, IF YOU DON'T MIND.
YOU SAID, I APPRECIATE THAT, SIR.
AND, UH, IF, IF THAT'S OKAY, THEN I REALLY DON'T HAVE ANYTHING ELSE TO TELL YOU OTHER THAN I'M SORRY, BUT, YOU KNOW, LET'S DO IT AGAIN.
UH, I DO WE NEED A MOTION ON, WE, WE SHOULD HAVE A MOTION FOR A CONTINUANCE, RIGHT? UH, CAN I, DOES ANYBODY HAVE THAT MOTION? DO YOU WANT THIS DATE SPECIFIC, JIM? SURE.
THE, UM, LET'S MAKE IT DECEMBER 9TH, I BELIEVE IS THE NEXT, UH, REGULAR MEETING MOVE TO CONTINUE THIS CASE UNTIL DECEMBER 9TH, 2025, SO THAT THE PROPERTY REPRESENTATIVE CAN PROVIDE EVIDENCE OR INFORMATION NEEDED.
SO WE HAVE A MOTION FROM VICE CHAIR, UH, FRANCIS, TO, TO CONTINUE TO DECEMBER OR DECEMBER THE NINTH MEETING.
SECOND IT, IT'S SECONDED BY COMMISSIONER LOCKHART.
IS THERE DISCUSSION? UH, OKAY.
IT DOESN'T LOOK LIKE THERE'S ANY DISCUSSION, SO I'M JUST GONNA GO AHEAD AND DO IT AS A ROLL CALL.
UM, AND SO ON ITEM NUMBER NINE, THE MOTION, UH, ON THE MOTION OF COMMISSIONER FRANCIS AS SECONDED BY COMMISSIONER LOCKHART TO CONTINUE THE CASE FOR DECEMBER MEETING.
AYE, UH, COMMISSIONER LOCKHART.
UH, COMM, UH, VICE CHAIR FRANCIS AYE.
AND IT IS UNANIMOUS AND THE CASE IS GONNA BE CONTINUED.
SO, IS THERE ANY OBJECTION TO PIVOTING TO, I SEE I HAVE A CARD ON ITEM NUMBER FIVE.
THIS IS THE, IS THAT NOISE? DID I GET THAT RIGHT? OKAY.
UM, IS IT OKAY TO DO NUMBER FIVE NEXT CHAIR? CAN I? SURE.
AND I'D LIKE TO GET, UM, TWO OTHER CASES THAT, UH, WE WON'T BE HEARING ON RECORD.
SO IF YOU WOULD JUST ALLOW ME TO, OF COURSE.
PLEASE READ SOMETHING INTO THE RECORD.
ITEM NUMBER FOUR ON THE AGENDA IS 27 13.
HIP HILL PARK IS REG, UM, CASE NUMBER CL 2 0 2 5 0 6 4 6 2 4.
THIS CASE HAS BEEN PULLED FROM THE POSTED AGENDA AND WILL NOT BE HEARD AFTER THEIR MOST RECENT FOLLOW UP INSPECTION.
DEMOLITION HAS, UH, DEMOLITION UNDER AN ISSUED PERMIT HAS BEGUN.
AND ITEM NUMBER EIGHT ON THE AGENDA, 34 0 4 OAK SPRINGS DRIVE IS AN APPEAL REGARDING A NOTICE OF VIOLATION.
THE APPEAL HAS BEEN WITHDRAWN AND IS BEING PULLED FROM THE POSTED AGENDA.
SO, UH, YEAH, MEMBERS YOU'VE HEARD, UH, ITEMS EIGHT AND FOUR WILL NOT BE HEARD THIS EVENING.
UM, AND SO, UH, I'M GONNA GO AHEAD AND MOVE TO ITEM NUMBER FIVE AND RECOGNIZE, UH, JAMES TO PRESENT THAT CASE.
[5. Case Number: CL 2025-068077]
NUMBER FIVE IS ON THE AGENDA IS CASE NUMBER CL 20 25 0 6 8 0 7 7 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 5 5 1 5 JOE SAYERS AVENUE.THE EXHIBITS CAN BE FOUND IN THE PLUM COLORED BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT HAS BEEN THE SUBJECT OF SEVERAL COMPLAINTS.
THE CURRENT CASE WAS OPENED IN SEPTEMBER OF 2023 AS A RESULT OF A COMPLAINT OF A VACANT UNSECURED HOUSE.
THERE ARE NO TRADE PERMITS FOR THE PROPERTY.
THE STRUCTURE AND IS, IS AN ATTRACTIVE NUISANCE THAT IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND 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 E AND THE RECOMMENDED ORDER CODE INSPECTOR KENNETH NETTLE IS CURRENTLY ASSIGNED TO THIS CASE.
SUPERVISOR DAVID DOWNING IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
THANK YOU FOR HEARING THIS CASE.
[00:50:01]
JOE SAYERS IS A SINGLE FAMILY HOME IN A NEIGHBORHOOD OF SIMILAR HOMES NEAR BURNETT ROAD, SOUTH OF WEST CANYON LANE.THE NEIGHBORHOOD HAS A LOT OF PEDESTRIAN USE.
MCCALLUM HIGH SCHOOL IS TWO BLOCKS WEST OF THIS HOME LOCATION, AND LAMAR MIDDLE SCHOOL IS ABOUT A HALF MILE NORTHWEST OF THIS HOME.
CODAS RECEIVED A TOTAL OF EIGHT NEIGHBORHOOD 3 1 1 CALLS ABOUT THE VACANT PROPERTY.
CASE NOTES SHOW THAT THERE'S A HISTORY OF NUISANCE TRESPASSING AT THE SITE AND OTHER ABATEMENT CONCERNS.
AN ADMINISTRATIVE HEARING CITATION WAS POSTED AT THE PROPERTY LAST YEAR, AND CODE STAFF HAVE HAD NO REPLY FROM OWNERSHIP.
AN AGENT OF THE ESTATE DID COMMUNICATE WITH CODE ABOUT THIS PROPERTY, BUT NON-COMPLIANCE HAS PERSISTED.
AN ORDER OF THIS COMMISSION IS REQUIRED SO THAT AN OWNER OR POSSIBLY A BUYER WOULD BE COMPELLED TO MAKE THE PROPERTY COMPLIANT.
NOTICES OF VI NOTICES OF VIOLATION HAVE BEEN SENT TO THE OWNER RECORDS THAT ARE AVAILABLE IN THE MUNICIPAL DATABASE.
AN AGENT OF THE, UM, SORRY, WE'LL GO TO THE PHOTOS.
SO TWO A IS PUBLIC VIEW FROM JOE SAYERS.
THE ADDRESS IS VISIBLE THERE AND THE VACANT HOME COULD BE SEEN.
TWO B2B SHOWS THE NOTICES POSTED AT THE PROPERTY AND CODE CAN'T VERIFY WHO'S BEEN CUTTING THE GRASS.
UM, IT MAY BE AN AGENT OR A NEIGHBOR, BUT IT'S PLAINLY OBVIOUS THAT THE HOME IS VACANT AND DETERIORATED.
TWO C IS A VIEW FROM THE NEIGHBOR'S FRONT YARD AND THE TEMPORARY POWER POLE IS AT THE HOUSE NEXT DOOR.
SO THIS IS THE FRONT STRUCTURE AGAIN, AND TWO E THIS IS THE STREET VIEW THAT WE'RE TRYING TO CORRECT FOR THIS PROPERTY.
UM, THE GATE DID HAVE A LOCK AT ONE POINT.
AND CODE CAN'T VERIFY WHO'S BEEN KEEPING THE PROPERTY SECURE.
SECURE CODE REQUESTS THAT THE HOME BE MADE COMPLIANT AND CORRECT THE BLANK CONDITION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
E STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
NUMBER 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 ACCESSORY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, AT THIS TIME, IF THERE'S NO OBJECTION, I'LL ADMIT EXHIBITS ONE AND, UH, TWO A THROUGH TWO E.
UH, HEARING NONE THE EXHIBITS ARE ADMITTED.
AND, UH, I WILL TURN TO, UH, IS IT MR. KAR? OKAY.
YEAH, IF YOU WOULDN'T MIND, JUST, UM, ENSURE THAT YOUR MIC IS ON.
THERE'S A LITTLE SPRING LOADED, BUT YEAH, THERE YOU GO.
AND THEN IF YOU JUST WANNA INTRODUCE YOURSELF FOR THE RECORD, UH, YOUR RELATIONSHIP TO THE PROPERTY, AND THEN YOU HAVE DENNIS.
THE, I'M THE ADMINISTRATOR FOR THE GEORGE YANCY ESTATE, WHICH IS OWNER OF HALF OF THE PROPERTY.
AND I'M ATTEMPTING TO BECOME THE ADMINISTRATOR OF THE JOYCE YANCY ESTATE WHO OWNS THE BALANCE OF THE PROPERTY.
MR. YANCY'S ESTATE, UH, TOOK US ABOUT FIVE YEARS TO GET IT FINISHED.
[00:55:01]
MRS. YANCY WAS ALIVE THE WHOLE TIME.WE FINISHED HIS ESTATE AUGUST A YEAR AGO.
WE GOT READY TO SELL THE PROPERTY AND LO AND BEHOLD, MRS. YANCY, WHO WAS LIVING IN A NURSING HOME IN COLUMBUS, HAD DIED.
SO IN ORDER TO SELL THE HOME, WE HAVE TO PROBATE MRS. YANCY'S ESTATE, NO WILL.
WE THOUGHT SHE HAD NO HEIRS AND THAT THE STATE OF TEXAS WAS GONNA INHERIT HER SHARE OF THE HOUSE.
LO AND BEHOLD, THE ATTORNEY AD LITEM HAS RECENTLY FINISHED THEIR INVESTIGATION AND HE HAS FOUND SEVEN HEIRS THAT WE NOW HAVE TO DEAL WITH.
HE MADE THE BRILLIANT SUGGESTION TO ME LAST WEEK BEFORE I KNEW OF THIS HEARING TONIGHT, THAT I ASKED THE, THE COURT IN COLUMBUS TO APPROVE A TEMPORARY ADMINISTRATION, WHICH IF APPROVED, WILL ALLOW ME TO FINISH SELLING THE HOUSE, FINISH THE PROCESS.
THE MORTGAGE COMPANY WANTS IT SOLD.
I PROMISE YOU MY REAL ESTATE AGENT WANTS IT SOLD DESPERATELY.
SHE'S BEEN WORKING ON THIS FOR FOUR YEARS.
BUT UNTIL WE FINISH THE PROCESS IN COLUMBUS, WE CAN'T SELL IT.
I'M HOPEFUL THAT WE'LL GET IT FINISHED WITHIN 90 DAYS, BUT IT'S SOMEWHAT OUT OF MY CONTROL BECAUSE I'VE NEVER DONE A PROBATE IN COLUMBUS BEFORE COLUMBUS, TEXAS, NOT COLUMBUS, OHIO.
UM, AND I HAVE NO IDEA HOW THE PROBATE JUDGE IS GONNA REACT TO MY REQUEST FOR A TEMPORARY ADMINISTRATION.
THE THE REASON WE HAVE TO MAKE IT TEMPORARY IS BECAUSE WHILE WE SEEM, WHILE WE BELIEVE, WE KNOW WHO HER NEPHEWS AND NIECES ARE, WE DON'T CURRENTLY HAVE ANY CONTACT INFORMATION FOR HER NEPHEWS AND NIECES.
AND WE CAN'T FINALIZE IT UNTIL WE HAVE THE ABILITY TO, TO MAKE CONTACT WITH THEM.
BUT WE'RE HOPEFUL THAT THE JUDGE THERE WILL ALLOW US THE TEMPORARY ADMINISTRATION, WHICH WITH JUDICIAL APPROVAL WILL ALLOW US TO SELL THE PROPERTY.
THE PROPERTY DESPERATELY NEEDS TO BE TORN DOWN.
I OBTAINED A QUOTE MORE THAN A YEAR AGO ON, EXCUSE ME, WHAT WILL IT COST TO TEAR IT DOWN? AND, UH, THE BEST QUOTE I WAS PROVIDED WAS $20,000.
THE ESTATE HAS NOTHING OTHER THAN THIS PROPERTY, AND I CERTAINLY DON'T HAVE $20,000 TO FUND THE TEAR DOWN OF THIS HOUSE.
UM, WE, WE ARE HOPEFUL THAT THERE WILL BE ENOUGH MONEY MADE FROM THE SALE TO PAY MY FEES, TO PAY THE REALTOR FEES, TO PAY THE MORTGAGE, TO PAY THE UNPAID PROPERTY TAXES.
UH, WE ONLY HAVE TWO YEARS OF UNPAID PROPERTY TAXES.
'CAUSE THE MORTGAGE COMPANY PAID THE PROCEEDING SIX YEARS OF PROPERTY TAXES.
SO WE'RE FAIRLY CURRENT WITH THE PROPERTY TAXES.
SO TRAVIS COUNTY'S NOT COMPLAINING, BUT WE, WE REALIZE THAT THE PROPERTY NEEDS TO BE SOLD.
WE REALIZE THAT ULTIMATELY IT'S GONNA BE TORN DOWN.
I WAS FIRST TOLD THAT BECAUSE THE PROPERTY'S IN A FLOODPLAIN, WE CAN'T TEAR IT DOWN.
NOW, I UNDERSTAND THAT MAY BE WRONG, BUT EVERYBODY THAT I SHOWED THE PROPERTY TO SAID, NO, NO, GET AWAY.
WE DON'T WANT ANYTHING TO DO WITH IT.
NOW, I UNDERSTAND THAT MAY NOT BE THE CORRECT CITY CODE RULES, BUT WE ARE MARKETING THE PROPERTY.
THE REALTOR HAS CONTINUED TO MARKET IT.
UM, SHE HAS QUIT TAKING BIDS BECAUSE WE CAN'T SELL IT YET, BUT WE ARE WORKING ON IT.
I DON'T WANT Y'ALL TO THINK I'M IGNORING THIS SITUATION BECAUSE WE'RE NOT.
UH, I HAD MY GUY GO OUT A COUPLE OF MONTHS AGO TO CLEAR THE PROPERTY.
I DON'T KNOW HOW RECENT THESE PICTURES ARE, BUT HE DID A GREAT JOB CLEARING THE PROPERTY.
UM, WE HAD A PROBLEM WITH, UH, A SQUATTER.
THE SQUATTER WAS ARRESTED BY THE, UH, POLICE DEPARTMENT.
AND THAT'S ANOTHER AGENCY THAT WANTS US TO GET RID OF THE PROPERTY, IS THE POLICE DEPARTMENT.
NO DOUBT THEY, THEY'RE TIRED OF THE SQUATTER SITUATION.
MR. WHITAKER, I'M SO SORRY TO INTERRUPT.
CAN I ASK A, A QUESTION? SURE.
JUST TO INTERJECT WITH, SO, SO STATED BROADLY, MY QUESTION WOULD BE DO YOU HAVE AN ASK FOR US THIS EVENING? AND, AND TO, I'M SORRY.
DO YOU HAVE A REQUEST FOR US THIS EVENING?
[01:00:01]
AND LET ME NARROW THAT JUST TO, TO TO KIND OF GIVE YOU SIGNAL WHERE I'M GOING WITH THIS.I GUESS WHAT I'M IMAGINING IS IF YOU'RE TRYING TO GET THE ATTENTION OF THE PROBATE COURT IN COLUMBUS, WOULD IT HURT TO HAVE AN ORDER FROM THIS COMMISSION WITH THE TICK, A TICKING CLOCK, SO TO SPEAK? YOU KNOW, BECAUSE I, I IMAGINE THAT, THAT IT'S WITHIN THE POWER OF THE PROBATE COURT TO SAY, PARDON ME, TO, TO AUTHORIZE A DEMOLITION, UH, JUST TO, TO BRING IT INTO COMPLIANCE.
UH, WELL, BUT THERE'S NO MONEY TO PAY FOR IT.
IS AN ORDER FROM Y'ALL SAYING, WITH ALL DUE HASTE, THIS PROPERTY NEEDS TO BE SOLD SO THAT IT CAN BE DEMOLISHED.
AND IF I MAY, SO, SO THE REASON FOR, FOR MY QUESTION IS WHAT'S GONNA HAPPEN HERE IS, IS THE ORDER, I DON'T KNOW IF YOU'VE READ THE RECOMMENDED ORDER, BUT ASSUMING FOR SAKE OF ARGUMENT THAT THE RECOMMENDED ORDER WERE TO BE ADOPTED THIS EVENING, THEN BEGINNING 45 DAYS, UH, YOU KNOW, PENALTIES WOULD BEGIN TO ACCRUE, UH, AND, AND INTEREST THEREON.
AND, AND THAT WOULD HAVE TO, THAT WOULD'VE TO BE, AS I UNDERSTAND IT, DISPOSED OUT OF THE, THE PROCEEDS.
IN OTHER WORDS, ANYBODY WHO WOULD TAKE THE PROPERTY WOULD TAKE SUBJECT TO THAT YES.
AND SO, UH, SO, YOU KNOW, IN THE INTEREST OF AVOIDING THAT UNNECESSARY WASTE, YOU KNOW, WOULD IT HURT YOU TO HAVE AN ORDER IN HAND SAYING, LOOK, THE CITY OF AUSTIN IS GETTING IMPATIENT WITH THIS PROPERTY.
JUDGE, COULD WE PLEASE, YOU KNOW, GET AN ACCELERATED WHATEVER, OR COULD WE GET A TEMPORARY ADMINISTRATION? IN OTHER WORDS, ARE YOU ASKING FOR MORE TIME OR ARE YOU COMFORTABLE WITH THE ORDER AS PROPOSED? I WOULD LIKE 90 DAYS.
I THINK WE CAN 90 GET IT DONE IN 90 DAYS.
I REALLY THINK WE CAN GET IT DONE IN 90 DAYS.
I WOULD'VE TOLD YOU THAT THOUGH A YEAR AGO, BECAUSE I DIDN'T KNOW SHE WAS DEAD A YEAR AGO.
AND I THOUGHT WE WERE LITERALLY GONNA SELL IT IN A MATTER OF A COUPLE OF WEEKS.
AND THEN LO AND BEHOLD, SHE'D PASSED AWAY IN AUGUST AND NOBODY HAD BOTHERED TO TELL ME RIGHT.
SHE HAD A, SHE HAD HER OWN ATTORNEY AND HER OWN ATTORNEY HADN'T BOTHERED TO SHARE THAT WITH ANYBODY SURE.
THAT HER CLIENT HAD PASSED AWAY.
UM, THE JUDGE, WE STARTED DURING SPRING BREAK OF THIS YEAR TRYING TO GET EVERYTHING DONE.
AND IT'S JUST, IT'S BEEN A WHILE, THE PROCESS.
AND, AND I HAVE NO IDEA WHAT YOUR LIFE, WHAT YOUR LIFE OUTSIDE OF HERE IS.
SO I DON'T KNOW WHAT EXPOSURES, IF ANY, YOU'VE HAD WITH PROBATE COURT.
AND I ENCOURAGE EVERY ONE OF Y'ALL TO GET A WILL
IF YOU DON'T HAVE A WILL, PROBATE IS A PAIN.
IT'S EXPENSIVE AND IT'S BURDENSOME AND IT'S A PAIN.
AND JUDGE HERMAN HERE IN TRAVIS COUNTY WILL NOT GRANT A TEMPORARY ADMINISTRATION.
I'M HOPING THIS JUDGE IN COLUMBUS WILL.
I, I, I THINK I HAVE WHAT I NEED FROM YOU.
YOU, YOU'RE, YOU'RE SAYING 90 DAYS.
AND SO BASICALLY, IF I'M HEARING YOU CORRECTLY, THE RECOMMENDED ORDER, UH, RIGHT NOW IT'S 45 DAYS, UH, YOU'RE ASKING FOR 90.
IT'S A CONVENIENT NUMBER BECAUSE IF YOU START ASKING FOR MORE THAN 90, THEN WE HAVE ADDITIONAL, YOU KNOW, ACCORDING TO OUR RULES, EVIDENTIARY, YOU KNOW, HURDLES.
UM, WHAT I'D LIKE TO DO NOW IS GO AHEAD AND, UM, AND THANK YOU FOR YOUR TESTIMONY.
I THINK I UNDERSTAND THE SITUATION.
I WANT TO, UH, I DIDN'T MEAN TO.
OH, UM, I JUST HAD A QUESTION.
UH, ANOTHER OPTION TO US IS TO ISSUE AN ORDER FOR DEMOLITION, WHICH DOES, IS NOT ACCOMPANIED BY FINES.
UM, WOULD THAT YOU BELIEVE BE HELPFUL AT ALL? IT WOULD BE HUGELY HELPFUL NOT TO HAVE A FINE DURING THE 90 DAYS.
WE ARE, WHEN I GOT THE MAYBE MORE INFORMATION THAN Y'ALL CARED ENOUGH, WHEN I GOT THIS MATTER FELL INTO MY LAP FIVE YEARS AGO, THE PROPERTY WAS VALUED.
NOW WE'RE LOOKING AT 3 3 25 AND THERE'S 225 PLUS OWED ON IT.
SO WE ARE NOW STRUGGLING TO SEE ARE WE GONNA PAY EVERYBODY THAT NEEDS TO BE PAID? AND MY POOR CLIENT WHO'S IN CALIFORNIA IN HIS LATE SIXTIES, I DON'T KNOW WHAT HE'S GONNA GET.
AND AT ONE POINT IN TIME, I THOUGHT HE WAS GONNA GET A HUNDRED THOUSAND DOLLARS OUT OF IT AT A MINIMUM.
SO WE ARE LOOKING TO SAVE EVERYTHING WE CAN SAVE.
UM, I WISH WE WERE ABLE TO GO IN AND DEMOLISH THE, THE PROPERTY, THE, THE NEIGHBORS DESERVE IT.
THE NEIGHBORS HAVE PUT UP WITH THIS EYESORE NOW FOR 10 YEARS LONG BEFORE I GOT INVOLVED.
BUT THE HOUSE HAS BEEN VACANT FOR A LONG TIME AND EVERYBODY WANTS IT RESOLVED.
EVERYBODY, THERE'S NO, THERE'S NO DRAGGING OUR FEET.
IT'S JUST, UNFORTUNATELY THE PROCESS TAKES LONGER THAN WHAT
[01:05:01]
YOU AND I WOULD LIKE FOR IT TO TAKE.UH, AND I HOPE I ANSWERED YOUR QUESTION.
UM, IS THERE ANY OTHER COMMISSIONERS LIKE TO BE RECOGNIZED FOR VICE CHAIR FRANCIS? SO YOU WOULD LIKE A REQUEST FOR US TO GO AHEAD AND START THE DEMOLITION OR, I'M SORRY, I CAN'T HEAR YOU.
YOU, YOU WANT SI DON'T, I DON'T HAVE, WE CAN CHANGE THIS PROCESS FROM, I JUST CAN'T HEAR YOU.
WE CAN CHANGE THIS, AS THE COMMISSIONER SAID TO DEMOLITION HERE TONIGHT.
AND ALTHOUGH IT SAYS 90 DAYS AS WE KNOW, THAT COULD TAKE A LONG TIME FOR THE CITY.
ALTHOUGH, UH, MR. MOORE, LAST TIME WE TALKED ABOUT DEMOS, HOW FAR OUT DEMOS RUNNING.
IT'S, IT'S NOT ABOUT HOW FAR OUT, IT'S ABOUT WHERE DOES IT FALL IN THE PRIORITY OF THE 25 WE HAVE READY FOR DEMOLITION AND HOW MUCH BUDGET DO WE HAVE TO COVER IT ALL, YOU KNOW? SO IT WOULD JUST HAVE TO BE ASSESSED IN THAT MANNER.
BUT AGAIN, AS THE CHAIR SAID, IT DOES GIVE YOU A LITTLE BIT OF LEVERAGE IF YOU'RE GONNA GO BEFORE THE JUDGE TO SAY, I'VE GOT A DEMO HAPPENING HERE.
YOU, WE'LL DO IT EITHER WAY AT AT LEAST THAT'S MY PERSONAL FEELINGS ARE ON THE ISSUE, BUT WE CAN, IT'S UP TO THE COMMISSIONERS.
BUT EITHER WAY, WE JUST NEED A LITTLE ASK FROM YOU.
I'M SORRY IF YOU ASKED ME A QUESTION AND I DIDN'T HEAR IT.
WELL, MAY I, CAN I, Y'ALL'S ACOUSTICS ARE TERRIBLE.
UH, SORRY ABOUT THAT
UH, SO I, I GET SO JUST TO PAINT A PICTURE, SO, UH, WHAT, WHAT HAPPENS IF THE CITY HAS A DEMO ORDER? THERE'S A PROVISION OF THAT ORDER THAT SAYS IF YOU DON'T DO IT, WE WILL.
AND, UH, WE, WHEN WE'LL DO IT, IT REMAINS TO BE SEEN.
THAT'S WHAT, UH, DIVISION MANAGER MOORE WAS EXPLAINING TO VICE CHAIR FRANCIS WAS, UH, YOU KNOW, THERE'S SORT OF A TRIAGE INVOLVED.
IT'S, IT IS NOT A FIXED TIMELINE, BUT THE RESULT OF THAT WOULD BE WE'RE GONNA COME IN AND KNOCK IT DOWN.
UH, WE'RE NOT NECESSARILY GONNA FIND, YOU KNOW, SHOP AROUND AS DILIGENTLY AS EVERYONE, AS ANYONE ELSE MIGHT.
I MEAN, WE DON'T, WE DON'T TRY TO INFLATE COSTS.
BUT WHAT WHAT HAPPENS IS THE COST OF THAT BECOMES A, A LIEN AGAINST THE PROPERTY.
AND AGAIN, YOU KNOW, TAKE PEOPLE, TAKE SUBJECT TO THAT LIEN, YOU KNOW, THEY HAVE TO, THAT HAS TO BE RESOLVED.
UM, AND, AND, AND SO THE, I THE IDEA WOULD BE IF, IF THAT WERE THE KIND OF ORDER THAT WOULD'VE MAKE IT THROUGH TONIGHT, SUPPOSE WE'D GIVE YOU 90 DAYS INSTEAD OF, UH, 45.
SUPPOSE WE'D MAKE A DEMOLITION INSTEAD OF REPAIR.
AND SUPPOSE IT'S NOT RESOLVED IN 90 DAYS.
MY UNDERSTANDING IS FINES DON'T ACCRUE, BUT EVENTUALLY IF YOU DON'T GET AROUND TO KNOCK TO, TO THE DEMOLITION, THEN IT WILL BE DONE FOR YOU.
AND THEN THE PRICE TAG WILL BE TACKED ONTO THE PROPERTY FOR WHOEVER ENDS UP TAKING IT ULTIMATELY.
AND IF YOU'RE COMFORTABLE WITH THAT, LET US KNOW.
'CAUSE IT MAKES OUR VOTE A LITTLE EASIER.
I MEAN, TO SAY I'M COMFORTABLE WITH IT, I, I I, I CAN PROMISE YOU IN 90 DAYS I'LL KNOW MUCH MORE THAN I KNOW TONIGHT.
AND, AND IF THERE'S SOMEONE THAT IN 90 DAYS, IF WE'RE NOT DONE WITH IT, IF WE'RE NOT FINISHED, IF THERE'S SOMEBODY I CAN CALL IN 90 DAYS AND HAVE A CONVERSATION AND SAY, HEY, WE'RE, WE'RE 10 DAYS AWAY, WE'RE 15 DAYS AWAY, WE'RE 20 DAYS AWAY.
AND I, AND I THINK YOU CAN, I MEAN, MEAN I CAN'T, I DON'T WANNA SPEAK FOR THE CODE OFFICIALS, BUT I, I KNOW THAT I, I I THINK THAT THEY'RE NOT INTERESTED IN WASTE OR DUPLICATION EITHER.
THEY'RE GETTING READY TO, TO WRITE A CHECK TO A, A DEMO COMPANY AND YOU GIVE 'EM A HEADS UP, HEY, I'M ABOUT TO TAKE CARE OF THIS.
SO, YOU KNOW, KEEP YOUR POWDER DRY, YOU KNOW, I THINK, YEAH, I SEE DIVISION MANAGER MORE NODDING.
LET ME, UM, UH, UH, THANK YOU FOR YOUR TESTIMONY.
UH, STAY AT THE DAY, IF YOU DON'T MIND, IN CASE WE HAVE FURTHER QUESTIONS, BUT, UM, AT THIS TIME I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING IF ANYBODY OKAY.
UM, SO MOVED BY COMM, UH, VICE PIER FRANCIS.
DO I HEAR A SECOND? SECONDED BY, UH, COMMISSIONER IBARRA.
ANY OPPOSED? OKAY, SO THE PUBLIC HEARING IS CLOSED AGAIN, IF YOU WOULDN'T MIND JUST REMAINING SIT TIGHT FOR JUST A MINUTE IN CASE WE NEED TO REOPEN IT FOR ANY REASON.
BUT AT THIS TIME, I'LL ENTERTAIN, UM, MOTIONS ON THE, UH, RECOMMENDED ORDER.
OH, UM, HOW TO NO, ON WHAT? OH, WHICH, WHICH DIRECTION TO GO ON THIS? YEAH.
UH, I MOVE TO ADOPT THE STEPS STAFFS POST FINDING A FACT, CONCLUSION OF LAW STAFFS RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENT, UH, UNDER SECTION ONE TO CHANGE THE 45 TO 90 DAYS SECTION TWO, THE 40, THE 92ND DAY INSTEAD OF THE 46TH DAY, 91ST.
OKAY, SO COMMISSIONER YOU FOR THE MOTION.
UH, VICE CHAIR FRANCIS MOVES TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDED ORDER EXCEPT TO CHANGE THE, UM, THE TIME FROM, UH, UH, FROM 45 TO 90 WITH PENALTIES TO BEGIN ON, ON
[01:10:01]
91 INSTEAD OF 46.IS THERE A SECOND? I'LL SECOND.
UH, AND, UH, I'M NOW, SO IT'S BEEN SECONDED BY COMMISSIONER, UH, MUSGROVE, AND I'LL RECOGNIZE VICE CHAIR, UH, FRANCIS TO OPEN.
YEAH, I JUST CHOSE THAT BECAUSE I WASN'T REAL CLEAR, WHICH, WHICH WAY WE WANTED TO GO ON THAT.
AND EITHER WAY IT SOUNDS LIKE IT'S GONNA GET HIM WHERE HE NEEDS TO BE.
BUT ANYWAY, IT'S, YOU'RE CERTAINLY WELCOME TO, TO RECONFIGURE THE WHOLE THING, BUT IT SEEMED LIKE THAT'S THE, HE SAID HE WAS OKAY WITH THAT AT ONE POINT.
SO ONE OF THE THINGS THAT THEY CAN DEMOLISH IT, THAT'LL RESOLVE WILL RESOLVE THE ORDER REQUIREMENT, WHICH WOULD BE GREAT.
UH, SO, UM, UH, IF ONE OF YOU WOULDN'T MIND, UH, VICE CHAIR FRANCIS, I GUESS YOU'RE STILL, UH, RECOGNIZED IF, IF YOU WANNA ENLARGE ON THAT A LITTLE BIT JUST FOR THE NEW MEMBERS THAT, ABOUT THE EFFECTS OF A, SO THE EFFECT OF A DEMOLITION, I GUESS I'M DOING IT
SO THAT'S, THAT'S SOMETHING TO CONSIDER.
UM, JUST KINDA WANNA MAKE SURE THAT YOU KNOW, ANYBODY WHO HAS ANY QUESTIONS BEFORE WE PUT THIS TO A VOTE THAT, YOU KNOW, IF YOU WANNA BE RECOGNIZED FOR DISCUSSION OR ANYTHING.
SO MR. MARTINEZ, THE, THE OWNER WOULD HAVE TO PAY THAT BACK OR IT WOULD BE A LIEN? IT, YEAH, IT WOULD BE A LIEN ON THE PROPERTY.
SO THE, SO THE THE PENALTIES RUN WITH THE PROPERTY? YEAH.
DO WE HAVE ANY IDEA HOW MUCH THAT IS? UH, I PERSONALLY DON'T THAT, I GUESS THAT WOULD BE A QUESTION FOR, UH, DIVISION MANAGER MOORE, CAN YOU SPEAK TO THE APPROXIMATE ANTICIPATED COST OF A DEMOLITION IF THE CITY HAD TO? THE ANSWER IS, I HAVE NO CLUE.
UM, SO, BUT I MEAN, HE SAID 20 GRAND, SO I'M JUST GONNA, YOU KNOW, MAYBE, MAYBE THAT'S CLOSE.
UH, ANY, ANY OTHER COMMISSIONERS? IF I CAN, EXCUSE ME IF I CAN JUST ELABORATE ON THAT, THE, UH, CASE THAT YOU HEARD PREVIOUSLY.
ROCK LANE, I BELIEVE THE DEMOLITION THERE WAS 15,000 AND IT'S A SIMILAR SIZE, PRO SIZE STRUCTURE.
DO YOU KNOW ANYTHING ABOUT, UH, THE ISSUES? UH, DIVISION MANAGER MOORE WAS RAISING HAZARDOUS MATERIALS DISPOSAL, YOU KNOW, LETTING ASBESTOS, YOU KNOW, WITH, WITH, AS BETWEEN THOSE TWO PROPERTIES OR, UM, AGAIN, KNOWING THAT THEY WERE PROBABLY BUILT AT THE SAME, ABOUT THE SAME TIME, THEY PROBABLY USED THE SAME MATERIALS.
UH, ANY OTHER, I WANNA MAKE SURE I'M NOT EXCLUDING RACH, UH, ANY OTHER, UH, DISCUSSION? OKAY.
HEARING NONE, I THINK I'LL GO AHEAD AND, AND PUT THE QUESTION TO THE COMMISSION.
THIS WILL BE A ROLL CALL VOTE.
UM, LET ME RESTATE IT JUST BECAUSE IT'S BEEN A MINUTE.
SO QUESTION OCCURS ON THE MOTION OF VICE CHAIR FRANCIS AS SECONDED BY COMMISSIONER MUSGROVE, UH, WHETHER TO, UH, ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER WITH THE FOLLOWING MODIFICATIONS IN PART ONE OF THAT ORDER CHANGE 45 DAYS TO 90 DAYS, AND IN PART TWO OF THAT ORDER, UH, WITH RESPECT TO, UM, FAILURE OF COMPLIANCE CHANGE 46 TO 91, AGAIN, IT'LL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER GARZA.
AYE, COMM COMMISSIONER LOCKHART.
UH, THE COM THE MOTION PASSES.
UM, MR. KER, THE COPY OF THE ORDER WILL BE MAILED TO YOU.
UH, AND, UH, IF YOU HAVE ANY QUESTIONS, JUST, UH, KEEP IN TOUCH WITH YOUR CODE OFFICIAL.
SO MAY I MAKE A QUICK COMMENT ON THE WAY OUT THE DOOR? SURE.
WHY NOT?
I WANT MY COMMENT TO YOU IS I HAVE SEEN Y'ALL BE NOTHING BUT PROFESSIONAL AND POLITE AND CORDIAL TO EVERY SINGLE PERSON THAT HAS APPEARED IN FRONT OF YOU TONIGHT.
AND THERE'S SOME JUDGES IN TRAVIS COUNTY THAT COULD TAKE, COULD LEARN LESSONS FROM THAT.
SO I APPRECIATE, UH, THE WAY Y'ALL HAVE TREATED ME AND I APPRECIATE AS AN AUSTINITE, I APPRECIATE THE WAY Y'ALL HAVE TREATED EVERYBODY SO FAR THAT HAS APPEARED IN FRONT OF YOU.
AND I THANK YOU FOR YOUR TIME.
THANK YOU FOR BEING HERE TONIGHT.
UM, SO I, I THINK CHAIR, I JUST WANTED TO REMIND YOU THAT WE HAVE SOMEONE ON THE LINE FOR ITEM TWO.
UH, THAT WAS GONNA BE MY NEXT QUESTION, SO LET'S GO AHEAD AND MAKE IT ITEM TWO IF EVERYONE'S OKAY WITH THAT.
[2. Case Number: CL 2025-114053]
NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 20 25 1 1 4 0 5 3[01:15:03]
AND IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 1 0 0 8 RLY STREET, ALSO KNOWN AS CAPITOL VILLA APARTMENTS.THE EXHIBITS CAN BE FOUND IN THE GOLDEN BROWN BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS COMMERCIAL MULTIFAMILY PROPERTY IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM AND IS OCCUPIED.
THE CASE WAS OPENED IN JUNE OF 2025 AFTER A PERIODIC INSPECTION.
CURRENTLY, THERE ARE NO ACTIVE TRADE PERMITS TO ADDRESS THE CITED DEFICIENCIES.
THE STRUCTURES CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS AND 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.
IT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED POSTINGS, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTO PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO Q AND THE RECOMMENDED ORDER CODE INSPECTOR ERIC FINN IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS 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 A COMMERCIAL MULTI-FAMILY STRUCTURE WITH ABOUT 52 UNITS LOCATED AT 1 0 0 8 WINDLEY STREET.
ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT, THE OWNER OF RECORD IS WPOI, AUSTIN MULTIFAMILY, LLC.
SINCE FEBRUARY OF 2024, THIS PROPERTY HAS BEEN REGISTERED AS PART OF THE RENTAL REGISTRATION PROGRAM FOR REPEAT OFFENDER.
UH, THE CASE IS A RESULT OF FINDINGS DURING A PERIODICAL INSPECTION CONDUCTED ON JUNE 10TH, 2025, WHERE I OBSERVED DETERIORATION, CRACKS, BRAKES AND BRAKES UNDERNEATH THE MID-LEVEL LANDING TO A STAIRWAY BETWEEN UNITS 2 1 4 AND 3 1 4 TO INCLUDE LEDGER BOARDS WITH CRACKS AND BRAKES AS WELL.
DURING A FOLLOW-UP INSPECTION CONDUCTED ON AUGUST THE FIRST, I OBSERVED THAT CONDITIONS HAVE WORSENED WITH DETERIORATION TO THE SAME STAIRCASE AND LANDINGS AND WALKWAYS IN THE SAME AREA AT THIS PROPERTY.
THROUGHOUT MY FOLLOW-UP INSPECTIONS, I ESTABLISHED COMMUNICATIONS WITH THE CURRENT PROPERTY MANAGEMENT, UPDATED AND SENT NOTICES OF VIOLATIONS TO THE CURRENT PROPERTY MANAGEMENT OR PROPERTY OWNER, RATHER TO INCLUDE A REQUEST FOR AN ENGINEER'S REPORT, UH, FOR ASSESSMENT OF THE STAIRWAY.
SUBSEQUENT REQUESTS AND COMMUNICATIONS HAVE BEEN, UM, COMMUNICATED WITH THE PROPERTY MANAGEMENT TO BOARD THIS STAIRWAY IN QUESTION AND TO PREVENT, TO PREVENT FURTHER PUBLIC ACCESS UNTIL THE ISSUES HAVE BEEN PROPERLY REPAIRED GIVEN AN ASSESSMENT OF AN ENGINEER'S REPORT.
I'LL NOW PROCEED TO MY PRESENTATION.
EXHIBIT TWO A IS A CONTEXTUAL VIEW OF THE FRONT ENTRANCE TO THE FIRST BUILDING LOCATED AT THIS PROPERTY.
THE PHOTOS WERE TAKEN ON OCTOBER THE 17TH OF 2025.
EXHIBIT TWO B IS A CONTEXTUAL VIEW OF THE DAMAGED STAIRWAY BETWEEN UNITS TWO 14 AND TWO 13.
EXHIBIT TWO C IS A CLOSE VIEW OF THE THIRD FLOOR LEVEL WHERE IT IS BOARDED AND RE REPAIRS HAVE BEEN HIDDEN ON THE PLASTIC BAG, UH, TO THE TWO TOP STAIRS OF THE STAIRWAY.
NEXT EXHIBIT, EXHIBIT 2D IS JUST A CLOSEUP VIEW OF THE BOARD AREA BOARDED AREA TO THE, UH, STAIRWAY ENTRANCE.
AND, UH, YOU'LL NOTE THAT CAUTION TAPE IS BEING USED TO HOLD THE BOYS UP AND SOME SCREWS.
NEXT EXHIBIT EXHIBIT TWO E IS JUST THE VIEW OF ONE OF THE POLES OR SUPPORT POLE POSTS RATHER THAT HAVE LOOSE SCREWS, UH, ATTACHED TO THE, UH, LEDGER ON THE LEFT SIDE, NEAR UNIT, UH, THREE 10.
NEXT EXHIBIT EXHIBIT TWO F IS A PICTURE OF A HOLE AND DETERIORATION,
[01:20:01]
UH, TO THE EXTERIOR CEILING IN FRONT OF UNIT TWO 14 ON THE SECOND LEVEL.NEXT EXHIBIT, EXHIBIT TWO G IS A CONTEXTUAL VIEW SHOWING DETERIORATION IN A HOLE TO ANOTHER AREA OF THE EXTERIOR CEILING BY UNIT 3 1 2 AT THE PROPERTY.
NEXT EXHIBIT, EXHIBIT TWO H SHOWS THAT THE LEDGER BOARDS AND TRIM BOARDS UNDERNEATH THIS LANDING OF THE EXTERIOR CEILING BY UNIT, UH, TWO 14.
YOU'LL NOTE THAT, UH, MOST OF THOSE ARE SEPARATING.
YOU CAN ALSO ON A CLOSER VIEW SEE THE NAILS, UH, SEPARATING FROM THE LEDGER BOARD.
NEXT EXHIBIT EXHIBIT TWO I IS A IS VIEW OF THE SECOND LEVEL TOWARDS UNIT TWO 14.
UH, THIS AREA IS ALSO BOARDED, UM, BUT YOU'LL NOTE, UH, THAT AGAIN, THEY USING CAUTION TAPE AS WELL AS NAILS TO SECURE IT TO THE RAILS OR LANDINGS, AND PART OF THE HANDRAIL IS BROKEN IN THAT AREA.
THERE IS DEBRIS FROM ON THE STEPS FROM WHEN THE STAIRS BROKE FROM THE THIRD LEVEL.
NEXT EXHIBIT, EXHIBIT TWO J IS JUST A CONTEXTUAL VIEW SHOWING THE FIRST FULL LEVEL AND MID-LEVEL SECTION.
UH, AGAIN, DEBRIS ON THE LE THE STAIRS, UH, PARTS OF THE STAIRS FROM THE THIRD LEVEL ON THE STAIRS AND MORE DEBRIS.
NEXT EXHIBIT, EXHIBIT 2K IS A CLOSEUP VIEW AGAIN IN FRONT OF UNIT TWO 14 SHOWING THAT THE LEDGER BOARDS OR TRIM BOARDS IS DETERIORATED.
THE HOLE IS STILL THERE AND THEY'VE ADDED NEW SCREWS OR WHATNOT TO ATTACH THE POLE TO THE LEDGER.
NEXT EXHIBIT, EXHIBIT TWO L IS, UH, JUST A VIEW OF LIGHTINGS THAT THEY HAD OUT THROUGHOUT THE PROPERTY THAT DO NOT HAVE PROPER LIGHT BULBS AND THAT WERE NOT WORKING.
NEXT EXHIBIT EXHIBIT TWO M IS A PICTURE OF STORAGE DOORS THAT ARE MISSING DOOR HARDWARE AND THE FRAMING IS, UH, DETERIORATED OR THE DOORS ARE NOT PROPERLY, UH, SEATED IN THESE PHOTOS.
NEXT EXHIBIT EXHIBIT TWO N IS A VIEW OF UNIT, UH, 2 1 3 WHERE THE WINDOW IS BROKEN.
THERE'S A PLASTIC OR CORRECTION, THERE'S A CARDBOARD BOX COVERING THE BROKEN AREA.
NEXT EXHIBIT, EXHIBIT TWO OH, WHAT IS SHOWING A CONTEXTUAL VIEW OF THE AREA IN FRONT OF UNIT TWO 14.
THE STAIRS ARE UNEVEN AND DETERIORATED IN THIS PHOTO.
NEXT EXHIBIT, EXHIBIT TWO B SHOWS A HATCHWAY TO AN OPEN, UM, AREA BETWEEN UNITS 1, 2, 4 AND TWO FIVE.
UH, THIS IS ON THE SECOND LEVEL AND THIS IS JUST SHOWING THAT THIS IS, UH, AN OPEN AREA THAT NEEDS TO BE SECURED, UH, GIVEN ISSUES WITH, UH, PEOPLE EXPERIENCING HOMELESSNESS IN THE AREA.
NEXT EXHIBIT, EXHIBIT TWO Q SHOWS THAT THE EXTERIOR WALL HERE IS EXPOSED OR, AND OR MISSING AROUND THESE, UH, SERVICE ELECTRICAL DISCONNECT BOXES BEHIND UNIT, UH, THREE CORRECTIONS UNIT 1 1 7 AT THIS PROPERTY.
IN CLOSING, I RECOMMEND THAT THE COMMISSIONERS ADOPT, UH, THE RECOMMENDED ORDER FOR THIS SITE.
UM, THIS CONCLUDES MY PRESENTATION PENDING 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 NUISANCE AS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO Q.
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
[01:25:01]
DAYS FROM THE DATE THE ORDER IS MAILED A OBTAIN AND PROVIDE A WRITTEN STRUCTURAL ENGINEERING REPORT TO THE COMMISSION'S COORDINATOR PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS THAT THROUGH AN ONSITE INSPECTION, EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE STAIRWAYS, LANDINGS, AND WALKWAYS, AND IDENTIFIES ANY REPAIRS NECESSARY TO CORRECT ANY STRUCTURAL DEFICIENCIES FOUND DURING THE ENGINEER'S INSPECTION.B, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
C CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTI, EXCUSE ME, AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS D REQUEST INSPECTION FROM THE C FROM AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY, VERIFY COMPLIANCE WITH ONE A, ONE B, AND ONE C AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
AT, AT THIS TIME, UH, I'LL ASK FOR UNANIMOUS CONSENT TO ADMIT EXHIBITS ONE, UH, IN TWO A THROUGH TWO Q.
AND WHILE I'M AT IT, UH, I'LL GO AHEAD AND, AND, UH, ADMIT THE PROPERTY OWNER'S EXHIBIT AS WELL.
UH, SO THE EXHIBITS ARE ADMITTED AND, UM, WE HAVE A, IS IT, UM, MR. OV ON THE LINE? UH, IS THAT RIGHT? AM I, YES.
HI, HOW ARE YOU? HI, THANK YOU.
UH, IF YOU WANT TO GO AHEAD AND, AND BEGIN YOUR TESTIMONY.
OH, YEAH, I, I APPRECIATE YOUR TIME.
I APOLOGIZE FOR INTERRUPTING MR. YUVA.
I'VE, I'VE BEEN REMINDED MM-HMM
WERE YOU HERE WHEN, WHEN, UH, WHEN WE WERE SWEARING WITNESSES? WERE YOU, WERE YOU SOUTH FLORIDA STREET? YEP.
YEAH, EARLIER IN, IN THE, IN THE, YEAH, I, I WAS, I WAS SWORN AS WELL.
UH, AND AGAIN, APPRECIATE YOUR TIME.
IT'S, I KNOW IT'S A WEDNESDAY NIGHT FOR ALL US.
I TRULY APPRECIATE EVERYONE'S TIME HERE.
UM, SO BY WAY OF BACKGROUND, UH, MY NAME IS ERNA.
I'M A DIRECTOR FOR THE, UH, NEW OWNER.
UH, THE BACKSTORY HERE IS WE ARE ACTUALLY A LENDER.
WE'RE NOT A DEVELOPER OR A REAL ESTATE OWNER.
UH, WE'VE INHERITED THESE PROP.
UH, THIS IS A PORTFOLIO OF PROPERTY.
YOU MAY REMEMBER MY NAME FROM ANOTHER ASSET AS WELL, UM, FROM A BORROWER WHO HAS QUITE FRANKLY LEFT ALL FOUR PROPERTIES AND, AND PRETTY DIRE DISREPAIR.
UH, WE INHERITED THIS EARLIER IN THE YEAR AS WELL.
UM, SO A LOT OF THESE, UM, VIOLATIONS, A LOT OF THESE, UM, CODE DEFICIENCIES HAVE FRANKLY PREDATED OUR OWNERSHIP.
UM, IT'S BEEN, YOU KNOW, NOT TO TELL US AFTER, BUT IT'S BEEN QUITE FRANKLY, A CHALLENGE.
UM, THE PRIOR OWNER HAS PRETTY MUCH SWEPT THE ENTIRE MANAGEMENT OFFICE.
WE DON'T EVEN HAVE SITE PLANS, WHICH I'LL GET INTO IN A SECOND.
UM, WE HAVE NO DOCUMENTATION, SO WE REALLY HAD TO START FROM SCRATCH AS WELL AS THE, UH, MANAGEMENT COMPANY THAT WE INHERITED, QUITE FRANKLY, HAD PRETTY BAD BOOKS, UM, AND A LOT OF MISLEADING INFORMATION.
SO UNFORTUNATELY, IT HAS BEEN A CHALLENGE TO RAMP UP.
UM, ADMITTEDLY, YOU KNOW, AGAIN, AS A LENDER, WE HAVE, WE ARE NOT EQUIPPED FOR THIS, AND WE'VE BEEN DOING OUR BEST.
BUT I DO HAVE SOME GOOD NEWS AND, AND IN SPITE AND, UM, IN CONTEXT OF WHAT IS BEING REQUESTED OF US, UM, WE HAVE GOTTEN OUR HANDS AROUND IT LIKE, UH, AS YOU CAN SEE IN THE EXHIBITS, THOSE ARE PROPOSALS FOR THE WORK THAT IS TO BE COMPLETED FROM GAMBIT CONSTRUCTION, A LOCAL GENERAL CONTRACTOR THAT WE'RE GOING TO BE WORKING WITH ON ALL FOUR PROPERTIES.
UM, WE HAVE THE BUDGET, IT'S GONNA COST US APPROXIMATELY 120 GRAND ACROSS, INCLUDING THOSE BUDGETS, UM, FOR ADDITIONAL WORK AS WELL.
UH, OUR GC IS CURRENTLY WORKING THROUGH PERMITS, WHICH HAS BEEN SLIGHT CHALLENGE.
AGAIN, WE DON'T HAVE THE SITE SIGN, WHICH MADE IT VERY DIFFICULT FOR US TO OBTAIN PERMITS, BUT WE ARE TRYING TO SUBSTITUTE IT WITH A NEW SURVEY THAT WE'VE, UH, COMMISSIONED, UH, AS WELL AS WE HAD TO CLOSE OUT PRIOR PERMITS, UM, WHICH HAS BEEN A SLIGHT BACK AND FORTH.
UM, MY GENERAL CONTRACTOR WAS IN THE OFFICE PERMITTING OFFICE ACTUALLY ON MONDAY THIS WEEK.
UM, ONE CHALLENGE THAT WE HAD WAS, AGAIN, CLOSING OUT THE PERMITS AS WELL AS GOING THROUGH THE HISTORIC DEPARTMENT, UM, WHICH WE ARE NOW TRYING TO, UH, REQUEST TO EXPEDITE, UH, THE PERMITTING THE LATEST, WHICH IS AS OF THIS MORNING, MY GENERAL CONTRACT TOLD ME IT'S GONNA BE ABOUT FIVE BUSINESS DAYS.
SO AROUND NEXT WEEK, UM, WE ARE GONNA BE IN A POSITION TO, UH, START GETTING NEW
[01:30:01]
PERMITS, UH, IN ADDITION TO THE BUDGETS.UM, AGAIN, I WANNA STRESS THAT I'M, I'M TRYING TO REPAIR THIS AS QUICKLY AS POSSIBLE.
I'M EQUALLY INCENTIVIZED TO NOT HAVE THIS KIND OF, UH, ASSET IN AUSTIN.
UM, WE ARE CERTAINLY BLEEDING, QUITE FRANKLY, MONEY EVERY DAY ON THIS.
UM, AND WE'RE, YOU KNOW, WE WERE NOT EQUIPPED AND PREPARED TO TAKE OVER SUCH A DIRE ASSET, BUT WE ARE NOW, UM, WE HAVE THE RIGHT RELATIONSHIPS.
WE'VE HAD TO FIND ENTIRELY NEW SUBCONTRACTORS BECAUSE OF THIS PROPERTY WITH PRIOR MANAGEMENT HAS LEFT PRETTY BAD, UM, RELATIONSHIPS.
UM, SO NOW THAT WE ARE EQUIPPED FOR IT, UH, AS I MENTIONED, I'M WILLING TO GIVE, UH, UH, MR. FINN AN UPDATE ON, ON FRIDAY, UM, WHERE WE ARE WITH, WITH OUR, UH, PERMITS AND EVERY FRIDAY THEREAFTER.
AND SO WE HAVE THEM, UH, I BELIEVE WE HAVE A STRUCTURAL REPORT.
SO, UH, MR. FINN, I'M ACTUALLY GONNA GET THAT OVER TO YOU.
UH, AND ADDITIONALLY, THE ONLY THING I, I WOULD RESPECTFULLY REQUEST, UH, FROM THE COMMISSION, UM, ONCE WE HAVE THE PERMITS AND THE WORK IS IN PROGRESS, QUITE FRANKLY, I'M AT THE MERCY OF PEOPLE BEING AVAILABLE TO DO THE WORK.
UM, HAPPY TO PROVIDE WEEKLY PHOTOS AS NECESSARY, BUT YOU'RE GONNA SEE MASSIVE IMPROVEMENTS UPFRONT.
HOWEVER, I CAN'T GUARANTEE THIS WOULD HAPPEN IN 45 DAYS.
UH, IF I COULD ASK THE COMMISSION FOR AT LEAST 60 DAYS, UH, THAT WOULD BE A A, A VERY GREAT HELP.
AND AGAIN, I'M HAPPY TO DEMONSTRATE ALONG THE WAY THAT IF WE'RE ON THE 60TH DAY AND WE STILL HAVEN'T FINISHED, WE WILL BE PRETTY CLOSE TO FINISHED.
IF YOU WOULDN'T REMIND, UH, MIND, WELL, FIRST OFF, WHAT I'D LIKE TO DO IS, UM, UH, OPEN THE FLOOR TO QUESTIONS FROM, UH, THE COMMISSION MEMBERS, UH, FOR THE CITY OR THE PROPERTY OWNER, IF ANYBODY HAS QUESTIONS.
COMMISSIONER MARTINEZ, HOW MANY, UM, HOW MANY OCCUPANTS ARE IN THAT, IN THERE, IN THE PROPERTY? OH, I, IT'S, IS IT, YEAH, WE ARE 40% LEASE, SO IT'S APPROXIMATELY, I BELIEVE, 18.
UM, THE UNITS VARY GREATLY IN THEIR QUALITY.
UM, THE UNITS THAT ARE INHABITED, WITH THE EXCEPTION OF ONE, ARE IN, IN, IN GOOD CONDITION.
THEY HAVE ALL THE APPLIANCES, CLEAN PAINT, ET CETERA.
UM, ONE THING THAT I, I DIDN'T MENTION, BUT THE PRIOR MANAGEMENT HAS ILLEGALLY BEEN USING THIS BUILDING FOR A HOMELESS SHELTER, UM, AND JUST COLLECTING CASH.
SO A LOT OF THE DISAPPEAR YOU'RE SEEING IS FRANKLY DAMAGE, UM, FROM, UH, THOSE PRIOR TENANTS, UH, THAT AGAIN, WE WEREN'T AWARE OF.
OBVIOUSLY THEY DID IT, YOU KNOW, WITHOUT ANY, ANYTHING, UH, NOTED IN THE BOOK.
UM, SO WHAT WE'RE DOING NOW IS WE'RE, WE'RE GONNA BE DOING, OBVIOUSLY THE EMERGENCY WORK, ALL THE SAFETY WORK FIRST, UM, AND WE'RE GOING TO BE TURNING OVER THE OTHER UNITS THAT YOU'RE SEEING THE PICTURES OF.
I, I, I'M OBVIOUSLY BY PHONE, I DON'T SEE THEM, BUT I'VE SEEN THE PROPERTY, UM, VERY INCENTIVIZED TO OBVIOUSLY CLEAN THOSE UP.
ANYTHING FURTHER? COMMISSIONER MARTINEZ.
SO, 18 UNITS ARE OCCUPIED, I BELIEVE THAT'S WHAT I HEARD.
WITH THE, WITH THE STAIRS AND THE CONDITION THEY'RE IN, ARE THEY IN VIOLATION OF THE FIRE CODE? SO HOW CAN WE ALLOW THEM TO REMAIN OCCUPIED AT ALL ABOVE THE GROUND FLOOR? I DON'T THINK THAT THAT BUILDING OCCUPIED IS THE BUILDING WITHOUT STAIRS OCCUPIED.
THERE ARE I, I'LL LET MR. SAN ANSWER IF THAT'S EASIER, BUT TO MY KNOWLEDGE, THERE ARE TWO WORKING STAIRCASES.
WE BOARDED OFF THE STAIRCASE
BUT THE, THAT, THE ONE THAT WAS SHOWN TODAY TO INCLUDE THAT ONE IS ALSO IN QUESTION, BUT THERE ARE OTHER STAIRS TO THE NORTH SIDE.
YEAH, WE WOULD'VE TO MEASURE THE DISTANCE.
BUT, UM, YOU KNOW, WITH MISSING THAT MANY STAIRS, THEY'RE PROBABLY EXCEEDING THE MAXIMUM ALLOWED DISTANCE, TRAVEL DISTANCE TO THE EXIT.
I DON'T SEE ANY, YOU KNOW, SO, SO DURING THIS RENOVATION WORK TO REPLACE THE STAIRS THAT THEY'VE DESCRIBED, THEY'VE GOTTA MAINTAIN AT LEAST TWO STAIRS IN FULL WORKING ORDER ALL THE TIME IF ANYBODY OCCUPIES ANYTHING ABOVE THE GROUND FLOOR.
SO THAT WOULD BE A PART OF THE PERMITTING PROCESS, CORRECT? YES.
I'M GOING TO CHECK WITH MY GENERAL CONTRACTOR.
YEAH, SORRY, GO AHEAD, MR. OKAY.
COMMISSIONER MU HAVE ANYTHING FURTHER? NO, THAT'S IT.
UH, COMMISSIONER EBA? YEAH, I'M GONE.
[01:35:01]
OV, IS THAT RIGHT? YES.YOUR, YOUR VOICE IS BECOMING FAMILIAR TO THIS COMMISSION.
UM, UNFORTUNATELY, CAN YOU PLEASE, UM, REMIND ME, DID YOU SAY THAT YOU HAVE ALREADY OBTAINED, UH, THE STRUCTURAL ENGINEERING REPORT? YES.
UH, AT THIS TIME I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UH, IS THERE A SECOND? SECOND.
UH, UM, COMMISSIONER MUSGROVE HAS SECONDED BY, UH, VICE CHAIR, UH, FRANCIS, UH, MOVES TO GO CLOSE THE PUBLIC HEARING.
SO THE PUBLIC HEARING IS CLOSED, MR. YUSEF, UH, WHAT THAT MEANS FOR YOUR PURPOSES, IF YOU WOULDN'T MIND, YOU CAN GO AHEAD AND MUTE YOUR PHONE, BUT DON'T HANG UP JUST YET IF WE NEED TO REOPEN THINGS OR, YEAH.
SO, UM, UH, SO AT THIS TIME, I'LL ENTERTAIN MOTIONS ON THE RECOMMENDATION.
UM, IF, IF COMMISSIONERS HAVE ANY CHAIR, UH, CHAIR RECOGNIZES VICE CHAIR, UH, FRANCIS, I MOVE TO ADOPT STEPS, PROPOSED FINDINGS OF FACT CONCLUSIONS, THE LAW STAFFS RECOMMENDED ORDER IN ITS ENTIRETY.
UH, SO, UH, COMMISSIONERS, THE, THE MOTION IS BY VICE CHAIR, UH, FRANCIS, AS SECONDED BY COMMISSIONER LOCKHART TO ADOPT STAFF'S FINDINGS BACK CONCLUSIONS OF LAW, AND RECOMMEND THAT ORDER WITHOUT ANY MODIFICATIONS.
UH, AND, UH, AT THIS TIME, WE'LL DISCUSS THE MOTION, AND I WILL RECOGNIZE AS THE MAKER OF THE MOTION, VICE CHAIR FRANCIS, TO OPEN NOTHING TO ADD TO POINT TO, UH, TO OUR NEW COMMISSIONERS.
THESE ARE PROPERTIES THAT ARE IN THE REPEAT OFFENDER PROGRAM, HAVE BEEN HERE MULTIPLE TIMES.
MY FEELING IS MY MOTION IS I MADE IT.
UH, COMMISSIONER, UH, IBARRA, JUST A CLARIFYING QUESTION.
AND ALSO FOR THE BENEFIT OF NEW MEMBERS, CAN YOU REMIND US FOR COMMERCIAL PROPERTIES, WHAT IS THE LIMIT PER VIOLATION FINE.
THAT THIS COMMISSION CAN ASSESS? YES.
SO, THE, UH, UNDER STATE LAW, IF WE'RE DEALING WITH A PROPERTY THAT HAS BEEN HOME HOMESTEADED, RIGHT, OR IS RECOGNIZED AS A HOMESTEADED PROPERTY, THE MAXIMUM FINE WOULD BE $10 PER DAY PER VIOLATION.
IF WE'RE DEALING WITH A PROPERTY THAT IS A NON HOMESTEADED PROPERTY, THEN THE MAXIMUM FINE WOULD BE $1,000 PER DAY PER VIOLATION.
I DO WANT TO USE THIS AS AN OPPORTUNITY TO REMIND THE COMMISSION THAT, IF YOU'RE GOING TO ASSESS THAT KIND OF PENALTY, UM, MAKE SURE THAT THERE IS UNDERLYING SUPPORT IN THE RECORD, BOTH THROUGH THE TESTIMONY PRESENTED AND ANY OTHER EVIDENCE OR DOCUMENTS PRESENTED IN ORDER TO SUPPORT AND JUSTIFY.
UM, BECAUSE ANYTHING THAT YOU ALL DO STILL HAS TO BE REASONABLE, UM, GIVEN WHATEVER THE TESTIMONY OR EVIDENCE ON THE RECORD SHOWS.
UH, COMMISSIONER BIO, ANY, ANYTHING FURTHER? NO.
UH, IS THERE ANY OTHER DISCUSSION? COMMISSIONER MUSK GROVE, IF I MAY ASK, HOW MANY VIOLATIONS DO WE HAVE HERE? WAS IT, WAS IT 16? WAS IT, IS THAT, DOES THAT SOUND RIGHT? UM, 17 PENDING 17 VIOLATIONS.
SO, SO UNDER THAT, UNDER, UNDER MY UNDERSTANDING OF, OF THE LAW, WE COULD HAVE 17 VIOLATIONS AT A THOUSAND DOLLARS PER VIOLATION PER DAY AS OUR ABSOLUTE MAXIMUM IN PRINCIPLE, AND SUBJECT TO THE CAVEATS THAT, UH, YES,
UH, COMM UH, VICE CHAIR FRAN FRANCIS, WHAT, WITH ALL DUE RESPECT TO JEFF, YOU, YOU UNDERSTOOD COUNCIL SETTING, RIGHT? AND SO THIS ISN'T, MY PERSONAL OPINION DOESN'T REALLY REGISTER ON THAT END OF THE SPECTRUM.
I MEAN, IF, SO, THAT'S WHY, AGAIN, WHY MY MOTION WAS, I FELT LIKE IT WAS STAFF'S RECOMMENDATION BASED ON THEIR EXPERIENCE AND WHAT'S GOING ON WITH THIS PROPERTY.
SO THAT'S WHY THE, THE DOLLAR AMOUNT, I THINK, JUST A COMMENT.
UM, I'M PREPARED TO SUPPORT THE MOTION.
UM, I AM CONCERNED THAT WE, UH, BOTH OF THIS PROPERTY IS IN THE REPEAT OFFENDER PROGRAM AND THAT WE'VE BEEN HEARING, UM, FROM THIS LENDER REPEATEDLY.
MAY I ADDRESS THAT? IF NOT, IT'S, IT'S FINE.
I, I DON'T, I DON'T THINK THAT'S NECESSARY.
[01:40:01]
I THINK, UH, HERE, LOOKS LIKE DISCUSSION IS KIND OF, UH, IS KIND OF WINDING DOWN HERE.SO I'M GONNA GO AHEAD AND PUT THE QUESTION TO THE, TO THE COMMISSION AND I'LL, I'LL JUST RESTATE IT FOR SAKE OF A CLEAN RECORD.
SO THE QUESTION OCCURS ON THE MOTION OF VICE CHAIR FRANCIS AS SECONDED BY, UH, I FORGOT WHO COMMISSIONER LOCKHART FOR.
UH, TO ADOPT STAFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, UH, IT IS IN THEIR ENTIRETY.
UH, IT'LL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH, UH, COMMISSIONER GARZA.
AYE, UH, COMMISSIONER MARTINEZ.
AYE, UH, COMMISSIONER GILBERT? AYE.
AYE AND NO NAYS? UH, THE, UH, MOTION CARRIES UNANIMOUSLY.
UH, AND MR. SOFF, THANK YOU FOR YOUR TIME THIS EVENING.
THE ORDER WILL BE MAILED, UH, AND YEAH, JUST KEEP IN TOUCH WITH THE, THE CODE OFFICIAL WITH ANY, UH, UPDATES OR COMMUNICATIONS.
AND I, I'M GONNA ASK, I THINK THAT IT MAKES SENSE TO GO NEXT TO ITEM NUMBER SIX.
AND AGAIN, I'M, I'M REALLY SORRY FOR INTERRUPTING.
I, I DO AGAIN, APPRECIATE THIS COMMISSION'S TIME.
UM, I JUST WANNA KNOW THAT WE INHERITED THESE FOUR PROPERTIES.
YOU'RE HEARING ME, MY VOICE AGAIN, BECAUSE THIS IS A SEPARATE PROPERTY, UM, WE STILL HAVE TWO OTHER PROPERTIES THAT WE'RE WORKING THROUGH AS WELL.
UM, SO IT'S NOT THAT, YOU KNOW, WE'RE, WE'RE REPEATEDLY IGNORING REQUESTS.
IT'S THAT THESE ARE FOUR PROPERTIES THAT ALL HAD THE SAME CONDITION AND WE'VE INHERITED THEM WHILE THEY WERE IN THE REPEAT OFFENDER PROGRAM.
BUT AGAIN, I APPRECIATE YOUR TIME.
I JUST WANTED TO CLARIFY THAT.
UM, IS THERE ANY REASON NOT TO GO TO NUMBER SIX, JAMES? I BELIEVE WE HAVE A CARD ON THAT.
I DON'T THINK IT'S AN OWNER, BUT, UH, IT IS SOMEBODY WHO BOTHERED TO COME HERE.
SO IS THAT
THEN LET'S, YEAH, LET'S CALL, UH, LET'S CALL NUMBER SIX.
AND IF THERE IS A, UH, MR. SCHRADER STILL HERE, YOU, YOU WANNA GO AHEAD AND TAKE A SEAT DOWN FRONT FOR WHEN IT'S THE ON DECK CIRCLE THERE.
UH, AND THEN, UH, JAMES, WHENEVER YOU'RE READY.
[6. Case Number: CL 2023-070939]
NUMBER SIX ON THE AGENDA IS CL 2 2 3 0 7 9 3 9 AND IS A RETURNING CASE REGARDING THE PROPERTY LOCATED AT 1 2 2 0 0 CONRAD ROAD.STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THIS CASE.
THIS CASE WAS OPENED IN FEBRUARY OF 2023 AS A RESULT OF A COMPLAINT OF A HOME UNDER RENOVATION DAMAGED BY FIRE IN SEPTEMBER, 2023.
THE COMMISSION ISSUED AN ORDER FOR REPAIR WITHIN 45 DAYS, WITH A PENALTY OF $250 PER WEEK TO BEGIN TO ACCRUE ON THE 46TH DAY IF REPAIRS WERE NOT COMPLETED.
NO TRADE PERMITS HAVE BEEN OBTAINED TO MAKE THE REQUIRED REPAIRS SINCE THE BSC ORDER WAS ISSUED, AND NO TRADE PERMITS WERE OBTAINED PRIOR TO THE FIRE INCIDENT.
AS OF TODAY'S DATE, THE ACCRUED PENALTY CIVIL PENALTY TOTAL IS $25,392 AND 86 CENTS, AND WILL CONTINUE TO ACCRUE THE STRUCTURES, REMAIN IN DISREPAIR, CREATE A PUBLIC AND AN ATTRACTIVE NUISANCE, AND ARE CONSIDERED 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 READER OR GOOGLE DRIVE FOLDER.
YOU WILL FIND THE FOLLOWING PREVIOUSLY ADMITTED, ADMITTED EXHIBITS ONE AND TWO A THROUGH TWO J AND EXHIBIT THREE, WHICH CONTAINS AN UPDATED 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.
COPY OF THE EXISTING BSC ORDER RECORDED IS TRV 2 0 2 3 1 1 5 1 2 2 A AND A PENALTY STATEMENT THROUGH TODAY'S DATE.
AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR J AND THE RECOMMENDED ORDER CODE INVESTIGATOR FAIR PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND WE'LL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATION TEAM OF THE PLANNING AND DEVELOPMENT DEPARTMENT.
[01:45:01]
BEING BROUGHT TO THE ATTENTION OF THE BSE COMMISSIONERS FOR CONSIDERATION OF DEMO.THIS WAS A PREVIOUS CASE HEARD AT BSE IN SEPTEMBER OF 2023.
THE STRUCTURE RECEIVED A REPAIR ORDER.
THE OWNER NEVER COMPLIED WITH THE BSE ORDER OR KEPT UP COMMUNICATION WITH CODE.
THIS PROPERTY HAS EXPERIENCED SERIOUS NEGLECT THAT HAS LED TO THE STRUCTURE NEEDING TO BE DEMOLISHED.
THE STRUCTURE IS UNSAFE AND UNSOUND THROUGH A NUMBER OF SITE INSPECTIONS.
I'VE OBSERVED THE FOLLOWING STRUCTURAL ISSUES THAT HAVE PROGRESSED OVER THE TIME PERIOD OF HAVING THIS CASE.
THE STRUCTURAL SUPPORT OF THE HOME IS DECAYED AND DETERIORATING AND EXPOSED ALL ELEMENTS OF NATURE.
THE STRUCTURE'S ROOF TO THE HOUSE IS COLLAPSING, THE ROOF IS MISSING ON MOST OF THE STRUCTURE.
THIS PROPERTY IS SECURE BUT NOT BEING MAINTAINED BY THE OWNER.
THE NEIGHBORHOOD, THE NEIGHBORS HAVE BEEN MOWING THE FRONT YARD.
THE DETERIORATION IS MORE PROFOUND SINCE THERE HAS NOT BEEN A ROOF ON THE STRUCTURE IN OVER TWO YEARS.
I WILL TAKE YOU THROUGH THE PHOTOS.
MARKED FOUR A THROUGH FOUR J FOUR A IS A CONTEXTUAL PHOTO OF THE MAIN STRUCTURE.
NEXT PHOTO FOUR B IS JUST, UM, A LITTLE BIT MORE OF THE LEFT SIDE, WHERE THE MORE DAMAGE IS ON THE FRONT OF THE STRUCTURE.
NEXT PHOTO, EXHIBIT FOUR C SHOWS THE ROOF IS MISSING AND LET IT IN THE ELEMENTS OF NATURE.
YOU CAN ALSO SEE THE DECAY AND DETERIORATED INTERIOR WALLS.
NEXT PHOTO FOUR D, A BETTER VIEW OF THE MISSING ROOF.
YOU CAN ALSO SEE WHERE THE BROKEN WINDOW HAS BEEN BOARDED AND SECURED.
NEXT PHOTO, FOUR E IS THE BACK OF THE STRUCTURE.
YOU CAN SEE WHERE THE FIRE HAS DAMAGED THE ROOF FASCIA AND MOST OF THE HEADER FOR THE ROOF.
THIS IS A VIEW OF THE ROOF THAT HAS COLLAPSED.
NEXT PHOTO 4G IS A CLOSER UP VIEW OVER THE ROOF'S.
ROOF HAS COLLAPSED FROM THE FIRE DAMAGE.
NEXT PHOTO FOUR H IS A CLOSEUP OF THE FRONT ROOM BY THE FRONT DOOR.
THERE IS NO ROOF OVER THIS AREA.
THE ELEMENTS OF NATURE ARE COMING IN THE SHEET ROCK AND ALL THE WALLS IS MOLDED.
THERE ARE SEVERAL AREAS HOLDING WATER IN THE STRUCTURE AS WELL.
NEXT, PHOTO FOUR I A BETTER VIEW OF THE INTERIOR.
YOU CAN SEE IT DOES NOT HAVE A ROOF AND THE DEBRIS IS JUST SITTING ON THE CARPET INSIDE THE STRUCTURE.
THE RIGHT SIDE OF THE STRUCTURE HAS THE LEAST AMOUNT OF FIRE DAMAGE, BUT YOU CAN SEE IT ON THE FACIAL BOARD AREA AND THE SIDING.
A REPAIR ORDER WAS ISSUED FOR THIS CASE.
THIS PROPERTY HAS BEEN VACANT SINCE THE ORIGINAL BSE ORDER.
NO WORKER PERMITS WERE EVER PULLED FOR REPAIR.
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 AS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, EXCUSE ME, FOUR A THROUGH FOUR J.
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 CURRENT ORDER RECORDED AS TRV 2 0 2 3 1 1 5 1 2 2 ON SEPTEMBER 27TH, 2023.
FINDING OF FACT THIS ORDER WAS NOT TIMELY APPEALED AND THE TIME PERIOD IN WHICH THE ORDER COULD HAVE BEEN APPEALED HAS ELAPSED FINDING OF FACT AND ITS CURRENT ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $250 PER WEEK TO BEGIN ON THE 46TH DAY FROM THE DATE THE ORDER WAS MAILED.
TO DATE, PENALTIES HAVE ACCRUED IN THE AMOUNT OF $25,392 AND 86 CENTS AND CONTINUE TO ACCRUE AS OF THE, AS OF THE DATE, THE COMMISSION ISSUED THIS ORDER.
THE PROPERTY REMAINS IN VIOLATION.
STAFF ASKED THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
NUMBER ONE, ISSUE A NEW ORDER THAT WILL SUPERSEDE THE PRIOR REPAIR ORDER ISSUED SEPTEMBER 27TH, 2023 AND RECORDED IS TRV 2 0 2 3 1 1 5 1 2 2.
IN, IN THE TRAVIS COUNTY DEED RECORDS ON OCTOBER 6TH, 2023 AFFIRMED THE CIVIL PENALTY OF $25,392 AND 86 CENTS ASSESSED FROM THE ORDER ISSUED SEPTEMBER 27TH, 2023.
AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE.
NUMBER THREE, WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMIT.
B DEMOLISH ALL PORTIONS OF THE PRIMARY STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT
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SERVICES TO VERIFY COMPLIANCE WITH THREE A AND THREE B AND FOUR ON THE 46TH DAY.IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, 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.
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, AT THIS TIME I'LL ADMIT, UH, EXHIBIT THREE IN EXHIBITS FOUR A THROUGH, IT LOOKS LIKE IT GOES THROUGH J BUT IT SAYS FOUR R ON THE TYPO.
UH, IS THERE, SO, UH, IF THERE'S NO OBJECTION, I'LL ADMIT EXHIBITS THREE AND FOUR A THROUGH FOUR J.
HEARING NONE, THE EXHIBITS ARE ADMITTED.
AND I WILL TURN TO, WE HAVE A WITNESS REGISTERED TO TESTIFY.
MR. SCHRADER, IF YOU COULD INTRODUCE YOURSELF FOR THE RECORD AND THEN THANK YOU.
I LIVE AT, UH, 1 2, 1 0 8 CONRAD ROAD, WHICH IS IMMEDIATELY NEXT DOOR TO THE, UH, SUBJECT PROPERTY.
UH, I'VE LIVED THERE FOR 40 YEARS.
UM, I JUST WANTED TO, YOU KNOW, EMPHASIZE THAT THE CONDITION OF THAT PROPERTY IS, YOU KNOW, UNACCEPTABLE FROM OUR STANDPOINT.
IT'S AN EYESORE AND IT'S FRANKLY, UH, EMBARRASSING TO LIVE NEXT DOOR TO IT.
UM, I ALSO WANTED TO MAKE CLEAR, UM, THE TIMELINE OF THIS SITUATION.
IT ACTUALLY DATES BACK TO, UM, WHEN THE PROPERTY OWNER FIRST, UH, PURCHASED THE PROPERTY IN EARLY 2021.
HE BEGAN, UH, EXTENSIVE REMODELING.
UM, AND, UH, YOU KNOW, UNDERTOOK BASICALLY A COMPLETE REMODEL OF THE PROPERTY WITH, WITH NO PERMITS, NO, UM, UH, YOU KNOW, REALLY APPARENT METHOD TO WHAT HE WAS DOING.
AND THERE WAS A, AN ENFORCEMENT CASE ASSOCIATED WITH THAT, UH, UNPERMITTED, UH, CONSTRUCTION.
AND THAT ENFORCEMENT CASE, UM, YOU KNOW, BASICALLY BECAME MOOT WHEN THE PROPERTY CAUGHT FIRE IN 2023.
SO, YOU KNOW, WE'RE GOING ON, YOU'RE COMING UP ON FIVE YEARS WHERE THIS PROPERTY HAS BEEN, YOU KNOW, JUST IN, IN COMPLETE DISARRAY.
AND I JUST WANTED TO MAKE YOU AWARE OF THAT.
I MEAN, I SUPPORT THE STAFF'S RECOMMENDATION THAT THE PROPERTY BE DEMOLISHED AND, UM, YOU KNOW, JUST BE GLAD TO HAVE SOMETHING TAKEN CARE OF.
THANK YOU SO MUCH FOR BEING HERE TONIGHT.
AND, AND THE PROPERTY IS OTHERWISE UNREPRESENTED TONIGHT.
IS THAT, IS THAT CORRECT? IT DIDN'T SHOW UP.
SO, SO, UH, DO I HEAR A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVE, UH, SECOND.
ON THE MOTION OF VICE CHAIR FRANCIS, AS SECONDED BY COMMISSIONER RETA.
AND SO THE PUBLIC HEARING IS CLOSED AND, UH, IS THERE A MOTION ON STAFF'S RECOMMENDATION? UH, COMMISSIONER IBARRA, THANK YOU.
I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
SO IS THERE A DISCUSSION I WILL RECOMMEND? UH, PARDON ME.
I WILL RECOGNIZE COMMISSIONER IRA TO OPEN AS MAKER OF THE MOTION.
I HAVEN'T HEARD ANYTHING THAT WOULD LEAD ME TO, UH, CHANGE THE STAFF'S ORDER.
UH, SO WITH THAT, IS THERE ANY OTHER DISCUSSION THEN WITH THAT, I WILL PUT THE QUESTION TO, UH, A ROLL CALL VOTE.
IT'S GONNA BE, SO LEMME JUST RESTATE IT ON THE MOTION OF COMMISSIONER IBARRA AS SECONDED BY COMMISSIONER MUSGROVE, UH, THE MOTION IS TO ADOPT STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER IN THEIR ENTIRETY WITHOUT MODIFICATION, IT'LL BE A ROLL CALL VOTE.
AND I'LL BEGIN WITH COMMISSIONER GARZA.
UH, COMMISSIONER MUSGROVE AYE.
UH, COMMISSIONER LOCKHART AYE.
THERE BEING NINE AYES, NO NAYS.
THE MOTION PASSES AND, UH, THE ORDER WILL BE MAILED AND I THINK WE CAN MOVE ON TO WHAT I BELIEVE IS OUR LAST CASE FOR THE EVENING, WHICH IS, UH, ITEM NUMBER THREE, UH, CONCERNING THE PROPERTY ON SLAUGHTER LAKE.
[01:55:25]
ITEM NUMBER THREE[3. Case Number: CL 2025-093107]
ON THE AGENDA IS CASE NUMBER CL 20 25 0 9 3 1 0 7 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 2 9 0 1 WEST SLAUGHTER LANE.THE EXHIBITS CAN BE FOUND IN THE DARK GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A RESIDENTIAL DUPLEX.
THE CASE WAS OPENED IN FEBRUARY OF 2024 AS A, AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.
THE RESIDENTIAL DRU DUPLEX STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO U AND THE RECOMMENDED ORDER CODE INSPECTOR TREY KLEINERT IS ASSIGNED TO THIS CASE CODE.
INVESTIGATOR JOHNNY SERNA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY.
GOOD EVENING, ESTEEMED COMMISSIONERS.
I'M A CITY OF AUSTIN CODE INVESTIGATOR.
THE CASE I'M PRESENTING BEFORE YOU WILL BE 4 29 0 1 WEST SLAUGHTER LANE, AS PREVIOUSLY STATED OF AN EXTERIOR INSPECTION AND INTERIOR INSPECTION OF UNIT B AND THE FACTS OF THE CASE R AS FOLLOWS, UH, THIS PROPERTY HAS HAD AN OPEN CASE SINCE FEBRUARY 22ND, 2024, UM, WHEN THE CITY OF AUSTIN RECEIVED A 3 1 1 COMPLAINT FOR THIS PROPERTY FILED BY THE CURRENT TENANT TENANT FOR LACK OF MAINTENANCE.
UH, THE INITIAL INSPECTION OF THIS PROPERTY WAS DONE BACK IN, UH, FEBRUARY 23RD, 2024, WHERE MULTIPLE IPMC VIOLATIONS WERE FOUND.
UM, ON THE INITIAL INSPECTION, THE FOLLOWING PHOTOGRAPHS I'M GONNA BE PRESENTING BEFORE YOU IN THIS EVENING ARE REPRESENTATION, UM, AS EVIDENCE OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE DUPLEX AND UNIT B.
UH, EXHIBIT TWO A IS GONNA BE ITS CONTEXTUAL PHOTOGRAPH OF THE, UH, PROPERTY LOCATED AT 29 0 1, UM, WEST SLAUGHTER SLAIN.
UH, EXHIBIT TWO B IS STRUCTURAL PHOTO IS A PHOTOGRAPH OF A POST MEANT TO HOLD UP THE PORCH.
ROOF ENTRY POST IS NO LONGER ATTACHED AND JUST DANGLING FROM THE FRAMING THAT IT'S SUPPOSED TO BE CARRYING.
EXHIBIT TWO C IS A PICTURE OF THE SAME ENTRY WE OF MISSING A PROPER COVER FOR THE EXTERIOR LIGHT.
EXHIBIT 2D IS A PHOTOGRAPH OF THE MAIN ELECTRICAL PANELS, UH, FOR UNIT A AND B, UH, MISSING PUNCH OUT COVERS FOR THE OPEN HIGH VOLTAGE ELECTRICAL SLOTS AND REQUIRING LABELING.
EXHIBIT, UH, TWO E IS A PHOTOGRAPH OF THE ROOF OVER UNIT B.
HERE YOU CAN SEE WHERE THE TREE BRANCH HAS BEGUN, RUBBING AWAY AT THE ROOFING SHINGLES, UH, EXPOSING THE ELEMENT LAMENT TO THE ELEMENTS IN THE IBLE, THE PLAUSIBLE INTRUSION OF RAIN INTO THE STRUCTURE.
EXHIBIT TWO F IS A PHOTOGRAPH OF AN ATTIC, UH, VENT, UM, MOLDING IN DISREPAIR.
EXHIBIT, UH, TWO G IS, UH, OF THE CHIMNEY OF UNIT B.
IF YOU LOOK AT THE AREA WHERE THE CHIMNEY AND THE ROOF LINE MEET, YOU'RE GONNA SEE WHERE SIDING IS RIGHTED AWAY ALONG WITH THE TRIM AND DISREPAIR, AGAIN, ALLOWING FOR THE POSSIBLE INTRUSION OF RAIN AND OTHER ELEMENTS INTO THE IN INTERIOR OF THE STRUCTURE AND ITS WALLS.
EXHIBIT, UH, TWO H ANOTHER REPRESENTATIVE EXAMPLE OF THE CENTRAL AIR CONDITIONERS, UH, INSTALL IMPROPERLY INSTALLED, NOT MEETING THE MINIMUM.
UM, CITY OF AUSTIN REQUIREMENTS OF HAVING LOCKING CAPS, UM, ELEVATED ABOVE, UH, GROUND AND SOME MISSING, UH, INSULATION OVER SOME OF THE LINES.
[02:00:01]
NEXT SLIDE.EXHIBIT TWO, I IS A REPRESENTATIVE PHOTOGRAPH OF UNCAPPED UNEVEN WALKING SERVICES DUE TO THE AMOUNT OF DEFICIENCIES, I MEAN, THERE'S ONLY SO MANY SLIDES WE WERE ABLE TO SHOW, UH, THE DRIVEWAY, UH, WAS ALSO IN, IN DISREPAIR.
UM, EXHIBIT TWO J IS PHOTOGRAPH MULTIPLE DEFICIENCIES FOUND IN THE ATTACHED DETACHED GARAGE OF UNIT, UH, B UH, WHERE YOU CAN SEE THE THRESHOLD OF THE, UM, ENTRY DOOR, UM, WOULD, UH, STICK OUT EVERY TIME YOU OPENED UP THE DOOR, ALONG WITH, UH, TRIM AND DIS REPAIR, MISSING, UH, GROUT ALONG THE, UM, THE, UH, FOUNDATION EXPOSING THE, UH, STRUCTURAL REBAR TO POSSIBLE DELAMINATION AND, UH, WATER SPIGOT, MISSING A PROPER VACUUM BREAKER.
EXHIBIT 2K IS A PICTURE OF THE PRIVACY FENCE IN THIS REPAIR HERE.
THE SINGLE MOM LIVING AT THIS, UH, U UNIT TRIED TO KEEP THE FENCE FROM FALLING OVER BY ZIP TYING IT, UH, THE METAL FENCE POST.
UNIT TWO L IS A PHOTOGRAPH AND OF AN IMPROPERLY INSTALLED, UH, WATER HEATER IN THE DETACHED GARAGE.
IF YOU LOOK CLOSELY AT THE WIRING POWERING THE WATER HEATER, YOU CAN SEE IT HAS CLEARLY EXPOSED NOT PROPERLY ENC ENCLOSED ELECTRICAL CONNECTION.
EXHIBIT TWO M IS A PHOTOGRAPH OF WA, YOU KNOW, ROTTED WINDOW TRIM, UH, WINDOW SASHES AND DISREPAIR ALONG WITH A GRAY TUB WITH STAGNANT WATER IN IT.
EXHIBIT TWO N IS A PHOTOGRAPH OF ONE OF THE IN, UH, EXTERIOR ENTRY DOORS INTO THIS REPAIR.
THIS PARTICULAR DOOR, UM, ONE OF THE HINGES WASN'T ATTACHED AND THE DOOR MOVED EVERY, UH, WHEN WE WERE THERE, UM, TRYING TO, UM, WRITE UP THE DEFICIENCIES.
UH, IT ALSO HAS, UM, THE THRESHOLD WAS ALSO NOT PROPERLY ATTACHED.
IT WASN'T WEATHERIZED AND ONE OF THE, UH, SECURITY DEADBOLTS, UH, WASN'T FUNCTIONING AS INTENDED.
EXHIBIT TWO IS TWO OH IS A PHOTOGRAPH OF AN IMPROPERLY INSTALLED, UH, GARBAGE DISPOSAL.
IT'S MISSING THE PROPER, THE PROPER WIRING CLAMP MEANT TO HOLD THAT ELECTRICAL WIRE IN PLACE.
EXHIBIT TWO P PHOTOGRAPHIC EXAMPLE OF MISSING SMOKE ALARMS AND UNIT B.
NEXT SLIDE, EXHIBIT TWO Q, PHOTOGRAPHIC EXAMPLE OF ELECTRICAL OUTLETS NEAR THE KITCHEN SINK, NOT HAVING THE REQUIRED GROUND FAULT CIRCUIT INTERRUPTER PROTECTION.
EXHIBIT TWO R AND EXHIBIT TWO S ARE, THIS IS, UH, A PICTURE OF, UH, UH, RODENT INFESTATION IN THE UNIT ALONG WITH, UH, CABINETS IN DISREPAIR.
UM, EXHIBIT TWO T IS A PHOTOGRAPH OF A SHOWER HEAD AND DISREPAIR.
UH, THE TENANT TRIED TO, UM, REPAIR IT BY WRAPPING IT WITH A, A SURGICAL GLOVE TO KEEP THE WATER FROM LEAKING OUTSIDE THE, UH, THE, UH, SHOWER ENCLOSURE.
EXHIBIT TWO U IS A PHOTOGRAPHIC EXAMPLE OF MULTIPLE MISSING OUTLETS MISSING PROPER ELECTRICAL SAFETY COVERS.
AND WITH THIS I CONCLUDE, UH, MY P PRESENTATION AND STRONGLY URGE, UH, THE ESTEEM COMMISSION TO ACCEPT STAFF RECOMMENDED ORDER.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO U.
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 ACCESSORY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH
[02:05:01]
ONE A AND ONE B AND TWO ON THE 46TH DAY.IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, THANK YOU INVESTIGATOR CERNER.
UM, SO AT THIS TIME, UH, WITHOUT OBJECTION, I'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO U, HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, THE, UM, THE PROPERTY IS UNREPRESENTED.
SO I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING UNLESS THERE ARE QUESTIONS FOR THE CITY.
UH, SO, UH, CHAIR RECOGNIZES COMMISSIONER RIVERA TO, UM, UH, FOR QUESTIONS.
UM, JUST CONFIRMING A FEW THINGS.
UH, FIRST I ASSUME THIS IS NOT A HOMESTEAD PROPERTY.
UM, AND AM I CORRECT THAT THERE ARE 29 VIOLATIONS? THERE WERE MORE, UH, ONE VIOLATION
SORRY ABOUT THAT GUYS DIDN'T TURN ON THE MICROPHONE.
ONE OF THE, UH, VIOLATIONS, WHICH WAS THE DISHWASHER WAS CORRECTED BY THE OWNER OR OWNER'S REPRESENTATIVE.
THIS CASE MIGHT BE A POSSIBLE SON.
SO WE WENT AHEAD AND TOOK THAT ONE OUT.
THE ORIGINAL COMPLAINT CAME IN BY THE TENANT BECAUSE THERE WAS A, A BROKEN WINDOW AND IT WAS A CONCERN THAT SOMEBODY WAS JUST GONNA GO INTO HER, HER UNIT.
UM, WE TOOK THIS CASE TO ADMINISTRATIVE HEARING TWICE.
THEY JUST NEVER RESPONDED TO, UM, ANY OF OUR, OF OUR NOTICES OR WE HAVEN'T HEARD OUT FROM THEM.
THEY HAVEN'T REACHED OUT IN ANY, YOU KNOW, SHAPE OR FORM.
AND, UM, SO THE WINDOW, WHEN WE ALSO REMOVED THAT BECAUSE THE TENANT ENDED UP REPAIRING IT HERSELF DUE TO THE, YOU KNOW, CONCERNS THAT SHE HAD.
UM, I THINK WE HAVE 26 CURRENT VIOLATIONS IS WHAT I'M OKAY, SEAN, THANK YOU.
AND MY LAST QUESTION IS, IS THE UNIT STILL CURRENTLY OCCUPIED? IT IS CURRENTLY OCCUPIED BY THE, THE SAME TENANT.
I HAVE A QUESTION FOR OUR ESTEEMED CODE OFFICER.
SO IT LOOKS LIKE IN READING THROUGH SOME OF THE NARRATIVE REAL QUICKLY, THAT THERE HAS BEEN SOME COMMUNICATION WITH, NOT WITH THE CLIENT, THE OWNER, BUT WITH THE PROPERTY MANAGER.
UH, THERE WAS IN THE BEGINNING.
UM, BUT, UH, EVER SINCE WE, UM, STARTED A CODE CASE WITH THEM, I MEAN, HE HASN'T RETURNED ANY MORE PHONE CALLS WITH THE ASSIGNED INSPECTOR.
ARE THERE OTHER, UH, QUESTIONS FROM OTHER COMMISSIONERS? OKAY.
HEARING NONE, I I ENTERTAIN A MOTION TO CLOSE.
IS THERE A SECOND? EXCUSE ME, CHAIR.
UM, I'M SORRY, I MISSED, I MISSED THE, UH, AD ADMISSION OF THE EXHIBITS.
WAS ANYBODY PAYING ATTENTION? I DID.
UH, SO WE HAD A, A, A MOTION ON THE FLOOR FROM, UM, COMMISSIONER MUSGROVE TO CLOSE.
IS THERE A SECOND? IS THAT RIGHT? THE, THE, OKAY.
IS THERE A SECOND THOUGHT? I HEARD A SECOND.
UH, SECONDED BY COMMISSIONER LOCKHART.
ANY OPPOSED? UH, HEARING NONE.
UH, I'LL ENTERTAIN A MOTION, UH, ON THE RECOMMENDED ORDER.
COMMISSIONER LOCKHART, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
UH, SO THE MOTION BY COMMISSIONER LOCKHART TO ADOPT STAFF'S FINDINGS BACK CONCLUSION OF LAW AND RECOMMENDED ORDER WITHOUT MODIFICATION AS SECONDED BY COMMISSIONER MUSGROVE, UH, AS THEIR DISCUSSION, I WILL RECOGNIZE, UH, AS THE MAKER OF THE MOTION COMMISSIONER LOCKHART TO OPEN NO FURTHER DISCUSSION.
IS THERE ANY OTHER DISCUSSION? IS, UH, COMMISSIONER TOM VIC? YEAH, I WOULD, I WOULD JUST SAY I, I AGREE WITH ADOPTING THE ORDER.
I'M, I'M CONCERNED ABOUT THE ELECTRICAL ISSUES.
UM, THIS IS A LITTLE BIT BEYOND, UH, A HOUSE THAT NEEDS A LITTLE BIT FIXING UP.
SO I THINK THIS IS THE APPROPRIATE REMEDY.
COMMISSIONER, ANYTHING FURTHER? UH, COMMISSIONER GILKER, WOULD ANYBODY ENTERTAIN RAISING THE FINE $2,000 PER WEEK, GIVEN HOW MANY VIOLATIONS THERE ARE? WELL, I, I, SO IS THAT A, I GUESS IS THERE, IS THERE A REASON WHY WE ARE
[02:10:01]
KEEPING IT $250 PER WEEK, GIVEN HOW MANY VIOLATIONS THERE ARE? SO, I MEAN, I THINK, I THINK THIS, UH, IT'S GERMANE TO THE, TO THE PENDING QUESTION TO DISCUSS WHETHER IT COULD BE A THOUSAND.UH, ANOTHER OPTION WOULD BE TO JUST, UH, YOU COULD MAKE THAT IN THE FORM OF AN AMENDMENT, UH, AND, AND, UH, KINDA SEE HOW IT FARES.
BUT IT PROBABLY MAKES SENSE TO HAVE THE, SOME DISCUSSION ON THAT FIRST.
DOES ANYBODY, YEAH, I WAS MORE CURIOUS BEFORE MAKING A MOTION.
ANYBODY HAVE THOUGHTS? COMMISSIONER
UM, HOWEVER, I THINK THAT I, I WOULD NOT WANT TO PURSUE, UM, TOO HIGH OF A FINE JUST IN THE, IN THE SPIRIT OF HOPEFULLY GETTING THIS ISSUE RESOLVED QUICKLY FOR THE TENANTS THAT ARE IN THE BUILDING.
UM, AND JUST RECOGNIZING THE, THE SITUATION THAT THE TENANTS ARE IN, UH, IS TENUOUS AND ALSO UNSAFE.
IS THERE ANY OTHER DISCUSSION ON THE, THE THOUSAND DOLLARS QUESTION? UH, QUESTION ABOUT UNIT A.
MS. MARTINEZ, IS UNIT A IN THE SAME CONDITION WHEN IT'S A DUPLEX? DO THEY ONLY, UM, INSPECT THE ONE UNIT? UH, INVESTIGATOR SERNA? CAN YOU SPEAK TO THAT? UH, I CAN ANSWER THAT.
UM, THIS, THIS COMPLAINT STARTED WITH UNIT B.
UH, WE DID SPEAK TO THE TENANT ABOUT UNIT A.
SHE SAID IT WAS A YOUNG GUY WHO JUST WASN'T REALLY ALWAYS THERE.
UH, WE DID RAISE THE ISSUE AND, AND, AND, UM, ASKED HER IF, YOU KNOW, IF SHE COULD POSSIBLY RELAY THAT MESSAGE TO US, BUT TO HIM ON OUR BEHALF, UH, YOU KNOW, IF THEY HAD, YOU KNOW, ISSUES WITH THEIR, THEIR UNIT, BUT THEY, THEY HAVEN'T REACHED OUT TO US.
SO WE ONLY DID AN IN AN EXTERIOR INSPECTION OF THE DUPLEX WHERE WE COULD LEGALLY WALK THROUGH, YOU KNOW, THE, THE BUILDING, UM, WHERE THE TENANT HAD ACCESS TO.
UM, IT DIDN'T INCLUDE ANY OF THE AREAS THAT WERE FENCED IN, IN UNIT A.
SO WE, WE DID A, AN EXTERIOR AND INTERIOR, AN EXTERIOR OF THE DUPLEX, ABOUT THREE QUARTERS OF IT.
AND THEN UNIT B IS, IS ALL WE DID.
IS THERE ANYTHING FURTHER? COMMISSIONER? OKAY.
UH, IS THERE ANY FURTHER DISCUSSION? OKAY, THEN I THINK I'LL GO AHEAD AND, AND, UM, AND PUT THE QUESTION, UM, THIS IS, UH, ON THE MOTION OF COMMISSIONER LOCKHART.
WAS IT SECONDED BY COMMISSIONER MUSGROVE? OKAY, I JUST, SORRY.
UM, ALLERGY MEDICINE,
UH, SO, UH, IT'LL BE, UH, THE QUESTION OCCURS ON THE MOTION OF COMMISSIONER LOCKHART IS SECONDED BY COMMISSIONER MUSGROVE TO ADOPT THE STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER, UH, IN, IN THEIR ENTIRETY WITHOUT MODIFICATION.
UH, THIS WILL BE A ROLL CALL VOTE, AND I WILL BEGIN WITH COMMISSIONER GARZA.
AYE, UH, COMMISSIONER MAR, UH, MARTINEZ.
AND THAT, UM, CONCLUDES OUR CASES FOR THE EVENING.
WE HAVE A COUPLE OF MORE AGENDA ITEMS, NON CASE AGENDA ITEMS. WE HAVE, UM, DISCUSSION,
[10. Discussion and possible action regarding a 2026 Commission retreat.]
UH, AND POSSIBLE ACTION REGARDING A RETREAT AND DISCUSSION REGARDING PREPARATION OF A FORMAL STATEMENT TO CITY COUNCIL TO ADDRESS VACANCIES.I'LL GO TO ITEM NUMBER TEN FIRST IF THERE'S, IF EVERYBODY'S HAPPY WITH THAT.
UM, AND I'LL, I'LL RECOGNIZE JAMES.
UM, SO GENERALLY SPEAKING, YOU KNOW, WE TAKE THE MONTH OF NOVEMBER OFF AND, UM, THAT'S USUALLY THE TIME THAT WE CAN PUT A RETREAT TOGETHER FOR YOU GUYS.
UM, THAT MIGHT BE ASKING A LOT, GIVEN THAT WE HAD TWO, UM, SPECIAL CALLED MEETINGS IN DECEMBER.
AND, UH, THERE MAY BE A CHANCE THAT, UM, YOU KNOW, IN THE FUTURE, IN THE NEAR FUTURE, WE MAY ALSO ADD, UH, NEW COMMISSIONERS.
SO, UM, YOU KNOW, OF COURSE, OF COURSE IT'S UP TO THE, TO THE BODY TO DECIDE WHEN THEY WOULD LIKE TO HAVE A RETREAT.
BUT AGAIN, A RETREAT IS LIKE A SORT OF LIKE AN ORIENTATION.
UM, SO IT GIVES A LOT OF GREAT BACKGROUND INFORMATION ABOUT OUR PROGRAMS. UM, YOU KNOW, THINGS THAT YOU MAY NOT NECESSARILY KNOW ABOUT, UM, LIKE PERMITTING, FOR INSTANCE, OR, YOU KNOW, IT, IT'S A DEEP DIVE INTO THE REPEAT OFFENDER PROGRAM AND JUST, YOU KNOW, THINGS OF THAT NATURE.
[02:15:01]
SO ANYWAY, THE, UM, OUR, YOUR NEXT MEETING IS, UH, I BELIEVE DECEMBER 9TH, MELANIE, IS THAT CORRECT? 10TH? I WAS THINKING NINTH, CORRECT.AND, UM, YOU KNOW, BARRING ANOTHER SPECIAL CALLED MEETING, THIS WOULD ACTUALLY BE A, UH, A, A RETREAT WOULD BE A SPECIAL CALLED MEETING.
UM, UNFORTUNATELY YOUR BYLAWS KEEP YOU FROM HAVING ANOTHER ONE THIS YEAR, UNLESS THERE'S SOMETHING THAT, UM, UNLESS A, UM, A MATTER COMES BEFORE THAT NEEDS TO COME BEFORE YOU TO KIND OF TAKE CARE OF A STATUTORY REQUIREMENT.
UM, SO YOU'RE, YOU'RE KIND OF DONE FOR THE YEAR
SO, SO IF I UNDERSTOOD YOU CORRECTLY, I JUST WANNA MAKE SURE I'M TRACKING.
WE BASICALLY CAN'T OPT TO HAVE IT IN NOVEMBER, RIGHT? WE'RE SORT OF BARRED BY A STATUTE FROM DOING SO.
WELL, I, I, YEAH, I DON'T HAVE ANY, I YEAH, FOR THE REASONS YOU ARTICULATED, I THINK IT WOULD BE, IT WOULD BE A LOT.
I MEAN, FOR SOME FOLKS IT WOULD BE THEIR SECOND, YOU KNOW, THEIR SECOND TIME CONVENING AND, AND IT'S A LITTLE EARLY.
I THINK THE RETREAT IS REALLY VALUABLE.
I ENCOURAGE EVERYBODY WHO CAN MAKE IT, UH, WHEN, WHEN WE EVENTUALLY HAVE THE RETREAT TO ATTEND RETREAT, UH, I THINK WE'VE HAD PEOPLE REMARK ON THAT BEING POTENTIALLY A SLIGHTLY, UH, YOU KNOW, A SLIGHTLY MISLEADING TERM.
YOU KNOW, YOU KIND OF PICTURE GOING TO A RESORT IN ALBUQUERQUE OR SOMETHING.
UM, YOU KNOW, THE STAFF WILL PUT ON, UH, PRESENTATIONS ABOUT, YOU KNOW, LIKE FOR EXAMPLE, EVERYTHING YOU EVER WANTED TO KNOW ABOUT RE REPEAT OFFENDER PROGRAMS OR THE, UM, THE COSTS FOR THE VARIOUS, YOU KNOW, UH, DEGREES OF COMPLEXITY AND SO FORTH.
AND IT, IT'S INCREDIBLY VALUABLE.
BUT YEAH, I THINK, I THINK, UM, UH, I FOUND IT HELPFUL AFTER, AFTER HAVING A, YOU KNOW, I THINK MY FIRST RETREAT WAS AFTER THE TWO OR THREE MEETINGS MAYBE MORE.
AND, AND I THINK THAT'S PROBABLY THE RIGHT WAY TO DO IT BECAUSE IF I WERE TO GO TO THE RETREAT, YOU KNOW, AFTER THIS ONE MEETING, IT'S KINDA LIKE TRYING TO LEARN CHESS WITHOUT A BOARD OR PIECES, YOU KNOW, IT'S JUST, THERE'S A LOT OF INFORMATION COMING AT YOU THAT YOU HAVEN'T HAD OCCASION TO NEED TO APPLY.
AND SO IT'S KIND OF HELPFUL TO HAVE TO HAVE DONE A FEW MEETINGS FIRST.
SO, YEAH, I, I THINK SHOOTING FOR THE SPRING MAYBE IF THAT, YOU KNOW, ARE WE, ARE WE SUPPOSED TO PROPOSE DATES THIS EVENING OR HOW DOES THAT GO? UH, NO, I MEAN YOU CAN, UH, AGAIN, THIS IS JUST MORE LIKE FOOD FOR THOUGHT.
UM, UH, LIKE I SAID, YOU, YOU ARE BARRED FROM HAVING ONE AT, UM, THROUGH THE MONTH OF DECEMBER.
'CAUSE AGAIN, IT WOULD BE A, A SPECIAL CALLED MEETING.
JAMES, DID YOU SAY TWO MEETINGS IN DECEMBER? NO, SIR.
AND FOR THE RECORD, I THOUGHT I HEARD TWO AND I THOUGHT, OH, WHOA, WAIT FOR THE RECORD.
WE HAVE, SO IS THERE ANY, I, I MAY HAVE SAID DECEMBER, BUT WE HAD TWO SPECIAL CALLED MEETINGS IN OCTOBER.
YOU DID SAY DECEMBER TWO SPECIAL MEETINGS.
THE, UM, DOES ANYBODY HAVE ANY DISCUSSION ON THAT? UH, AND I, AND I DON'T THINK IT'S NECESSARY.
WE CAN ALWAYS JUST PUT IT BACK ON THE AGENDA AND TALK, YOU KNOW, KIND OF ZERO IN ON A DATE AS, AS WE GET CLOSER, BUT IT WOULD SEEM AFTER THE HOLIDAYS WOULD JUST BE MUCH EASIER FOR EVERYBODY.
LET'S JUST SLIDE THROUGH THAT.
CAN WE TALK ABOUT IT IN JANUARY? ALRIGHT.
LET'S, YEAH, LET'S, LET'S PUT IT AS A, UH, THAT I THINK WE HAVE TWO RIGHT THERE.
YOU KNOW, VICE CHAIR FRANCIS AND, AND, UH, COMMISSIONER IVARA.
LET'S PUT IT ON, YOU KNOW, A FUTURE AGENDA.
UM, WELL I GUESS WE CAN COME BACK TO THAT AT FU AGENDA ITEMS, WHICH IS AFTER.
UH, SO I GUESS WITH THAT WE CAN MOVE ON TO ITEM 11,
[11. Discussion regarding the preparation of a formal statement to City Council to address vacancies on the Building and Standards Commission.]
UH, ABOUT OUR, UH, OUR VACANCIES ISSUE, WHICH, UH, YOU KNOW, RIGHT NOW WE'RE FEELING PRETTY FLUSHUM, I, YEAH, SO THIS WAS MY ITEM, UM, VICE CHAIR OF FRANCIS, BUT, BUT WE'VE KIND OF TURNED THE CORNER I THINK A LITTLE BIT.
OUR CONTINUED NAGGING OF THE COUNCIL AND SO FORTH IS PAY DIVIDENDS.
WE WERE CERTAINLY DELIGHTED TO HAVE YOU HERE.
THERE ARE TIMES WHEN THERE WOULD JUST BE SIX OF US AND TRYING TO HAVE A QUORUM WHEN SIX IS JUST SOMETIMES, ANYWAY, IT WAS A BEATING.
SO WE'RE DELIGHTED TO HAVE YOU HERE AND, AND HOPEFULLY MAYBE WE'RE OVER THAT HUMP, ALTHOUGH JUST UNUSUAL.
I THINK PART OF THAT CONVERSATION IS, YOU KNOW, THAT I SUGGEST TO THE COUNCIL WAS PERHAPS THIS WHOLE IDEA OF 11 POSITIONS NEEDS TO BE THOUGHT THROUGH A LITTLE DIFFERENTLY.
THAT SEEMS TO BE A REAL CHALLENGE FOR COUNCIL TRYING TO FILL 11 SEATS CONSISTENTLY.
RIGHT? THEY'RE JUST HAVE THIS CONSTANT CHURN OF PEOPLE COMING AND GOING.
MAYBE THERE'S SOME VALIDITY TO CITY MANAGER OR THE MAYOR APPOINTING SOME REASONABLE AMOUNT OF, I DON'T KNOW, JUST TRYING TO THINK DIFFERENTLY THAN WHAT THE FORMAT'S ALWAYS BEEN.
AND EVERYBODY WANTS TO HAVE THEIR REPRESENTATIVE ON THERE, BUT IT PRESENTS CHALLENGES.
[02:20:01]
A, A FULL QUARTER WORTH OF MEETINGS.AND MY POINT WAS, YOU KNOW, WE'RE REALLY NOT DOING THE CITY'S BUSINESS, UH, BECAUSE WE GET JAMMED IN THESE POSITIONS AND WE GET ASKED AS VOLUNTEERS TO DO THE WORK, BUT WE DON'T GET THE TOOLS TO DO THE WORK.
AND IT'S FRUSTRATING FOR STAFF.
IT'S A WASTE OF TIME AND ENERGY.
AND, AND MY MY POINT IS MAYBE THAT JUST NEEDS TO BE RETHOUGHT THROUGH, I DON'T KNOW ANYTHING ON THE TABLE TO HELP THE COMMISSIONS RUN A LITTLE MORE EFFICIENTLY.
THEY MIGHT BE SOMETHING, BUT ANYWAY, WE, MAYBE WE COULD CHAT ABOUT THAT AND SEE THAT WE COULD AS A GROUP TALK ABOUT THAT AND JUST HAVE A RECOMMENDATION THAT MAYBE THAT NEEDS TO BE RETHOUGHT.
DOES THAT MAKE SENSE? NO, IT MAKES SENSE.
I MEAN, IF THAT'S A DISCUSSION YOU ALL WOULD LIKE TO HAVE.
I, WE ARE, I MEAN, THE AGENDA ITEM WAS TO PRESENT A FORMAL STATEMENT.
UM, I DON'T KNOW THAT THAT'S NECESSARILY STILL THE GOAL OF THE COMMISSION, BUT IT SEEMS LIKE IF THERE WAS SOME DISCUSSION TO BE HAD, THERE MIGHT BE SOME ROOM DEPENDING ON HOW FAR DOWN YOU ALL TAKE IT.
UH, BUT YOU DO RAISE SOME GOOD POINTS.
I, I WILL SAY THAT THERE HAS BEEN SOME INTERNAL DISCUSSION AS FAR AS HOW TO ADDRESS SOME OF THESE VAC WELL, AT THE TIME, SOME OF THE, THE VACANCY ISSUES THAT WE'VE HAD, UM, INCLUDING ADDITIONAL EXCEPTIONS TO SOME OF THE SPECIAL CALLED, UH, MEETING RULES.
UM, FORTUNATELY WE DID HAVE SEVERAL APPEALS THAT THAT DID COME UP.
AND SO THAT PERMITTED US TO HAVE OUR SPECIAL CALLED MEETINGS, BUT IT'S STILL SOMETHING THAT IS UNDER DISCUSSION.
UM, IN THE EVENT WE DO END UP IN A SITUATION WE ARE WHERE WE'RE DOWN TO SIX MEMBERS ONLY.
UM, SO I DO WANNA REASSURE YOU ALL THAT, THAT, THAT, THAT THOSE DISCUSSIONS ARE BEING HAD.
IF IT'S OKAY WITH THE COMMISSION, MAYBE YOU AND I COULD MEET AND JUST HAMMER OUT SOME, A ROUGH SKILL OUTLINE OF SOMETHING TO BRING BACK TO THE COMMISSION TO TAKE A LOOK AT.
WOULD THAT COMMISSIONER'S, I I HAVE KIND OF A, AN ADDITION TO THAT, WHICH WAS JUST IF WE COULD ADD THAT DISCUSSION TO THE RETREAT, UM, AS FAR AS LIKE WHAT, WHAT OUR OPTIONS ARE, WHAT ARE SURE.
THE TOP OR, OR IS IT SOMETHING SO SIMPLE AS TO SAY WE AS THE COMMISSION ENCOURAGE COUNCIL TO ADOPT A POLICY THAT ALLOWS THE CITY MANAGER TO SELECT MEMBERS FOR COMMISSIONS IF THOSE SEATS ARE NOT FILLED FOR 90 DAYS OR SOMETHING? I WOULD, YEAH, WHAT I'M SAYING IS I, I THINK I WOULD LIKE TO HAVE THAT CONVERSATION AT THE RETREAT.
UM, I MEAN, I, YEAH, I THINK THAT MAKES, I THINK THAT MAKES A LOT OF SENSE.
I THINK THE, THE RETREAT, UM, I MEAN UNLESS, UNLESS THE STAFF FEELS STRONGLY THAT THAT'S WOULD NOT BE A GOOD USE OF RETREAT TIME, BUT I MEAN, YOU KNOW, IF THERE'S NO, I GUESS I WOULD HAVE SOME DEFERENCE THERE, BUT, BUT IT, IT SOUNDS THAT SOUNDS LIKE A FINE IDEA TO ME'S A GOOD STATUTE RESTRICTIONS HAPPEN, RIGHT? WE HAVE NO RIGHT, RIGHT, RIGHT, RIGHT.
THAT'S WHY I WAS SAYING SONIA CAN HELP US GIVE US SOME MAGIC WORDING.
UM, ANY MORE, UH, ANY MORE DISCUSSION ON ITEM NUMBER 11 THERE BEFORE WE MOVE ON? NO.
THEN I, I GUESS WE'LL GO TO FUTURE AGENDA ITEMS
[FUTURE AGENDA ITEMS]
AND, UH, I KNOW WE HAD THAT ONE CONTINUANCE.I DON'T KNOW IF, IF THAT WAS ALREADY, IF THAT NEEDS TO BE ADDED NOW OR THAT WAS ALREADY DISPOSED OF WHEN WE, WHEN IT CAME UP.
SO WE, I'LL, I WILL PUT IT ON FOR THE, UH, AND AGAIN, YOUR NEXT MEETING IS DECEMBER THE NINTH, WHICH IS A TUESDAY.
SO THE ONLY OTHER FUTURE ITEM WAS THE ONE I THINK WE JUST MENTIONED WITH RESPECT TO THE RETREAT.
UM, AND SO, UH, UNLESS THERE, UNLESS THERE ARE OTHERS, UH, JAMES, AM I OKAY TO ENTERTAIN, UH, MOTIONS TO CLOSE OR MOTIONS TO ADJOURN RATHER? YES.
WOULD ANYBODY, UH, CARE TO BE RECOGNIZED? I MOVE TO ADJOURN.
UH, ALL IN FAVOR? ANY OPPOSED? OKAY, HEARING NONE.
LET THE RECORD REFLECT THAT THE TIME IS 8:55 PM AND THE AND, AND THE BUILDING AND STANDARDS COMMISSION STANDS ADJOURNED.