[00:00:05]
COMMISSION MEETING FOR DECEMBER 6TH, 2025.
[CALL TO ORDER ]
LET THE RECORD REFLECT THAT THE TIME IS 6 36.I'M THE VICE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I'LL CALL THE ROLE, UH, COMMISSION MEMBERS PRESENT.
PLEASE SIGNIFY THAT YOU ARE HERE.
QUICK REMINDER TO OUR COMMISSIONER REMOTING IN.
PLEASE TURN YOUR CAMERA ON AT ALL TIMES TO MAINTAIN QUORUM.
COMMISSIONER MUSGROVE HERE, AND I AM HERE BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES, MINUTES, VICE, OR SIX MINUTES FOR ANYONE REQUIRE INTERPRETIVE SERVICES.
VICE CHAIR, IF YOU COULD FINISH GOING THROUGH THE ROLL CALL AND EVEN IF THE MEMBERS AREN'T PRESENT, AT LEAST IT'S MADE NOTE FOR THE RECORD.
OH, I JUST LEFT OUT THE ONES THAT WERE NOT HERE.
THAT'S THE ONLY ONE I DIDN'T CALL.
BEFORE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE ITEMS ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER 13 CASES FROM FOUR PROPERTIES AND ONE APPEAL.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE CASES OUT OF ORDER IF IT DEEMS TO BE APPROPRIATE.
ALL ATTENDEES AT THE MEETING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY AS TO NOT IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES EVER WIRE WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN DEVELOPMENT SERVICES STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE SEAT AT THE PODIUM, THE TABLE, OR IF YOU'RE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AT WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.
THE OWNER OR REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE OWNER OR OWNER'S REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESS AND EVIDENCE.
THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER OR REPRESENTATIVE THE WITNESS ABOUT THEIR TESTIMONY.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE HIMSELF.
JAMES CONEZ FOR THE CITY OF AUSTIN.
AFTER THE OWNER OR REPRESENTATIVE AND THE CITY HAVE PRESENTED THEIR EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK MEMBERS, EXCUSE ME, MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS BE, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS AND OF ANY ADDITIONAL WITNESSES.
I WILL GIVE THE PROPERTY OWNER REPRESENTATIVE AND APPELLANT THREE MINUTES TO SUMMARIZE AT MY DISCRETION, THE CITY MAY PERMIT BE PERMITTED TO PRESENT REBUTTAL AFTER THE SUMMATION.
AFTER ALL THE YESSS EVIDENCE AND TESTIMONY IS CONCLUDED, COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSIONER'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THAT DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEEDING, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESS, WITNESS, EXCUSE ME, WITNESSES TESTIFY UNDER OATH.
SO ANY PERSON HERE THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
[00:05:11]
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
DID WE WANT TO HEAR THE HEAR THE, UH, APPEAL FIRST? UH, ACTUALLY, IS THERE ANY PUBLIC COMMUNICATION FIRST? I'M GETTING THERE.
BUT YEAH, THAT WAS MY QUESTION.
WAS THERE ANYBODY FOR THE PUBLIC HEARING AND WE NEED TO ADMIT THE MINUTES TOO.
PARDON ME OR VOTE ON THE MINUTES.
I'M JUST MOVING DOWN THE AGENDA.
[APPROVAL OF MINUTES ]
THE AGENDA IS THE APPROVAL OF THE MINUTES FOR OUR SPECIAL, UH, CALLED MEETING FOR THE BUILDING AND STANDARD COMMISSION ON THE 29TH.COMMISSIONERS, PLEASE REVIEW YOUR MINUTES AND I'LL ENTERTAIN A MOTION TO APPROVE.
I MOVE APPROVAL OF THE MINUTES.
SECOND, THERE'S BEEN A MOTION.
AND SECOND, WE'LL DO A VOICE VOTE.
IF YOU'RE HERE TONIGHT, IF YOUR CASE IS CALLED TO BE HEARD, PLEASE MOVE TO THE PODIUM WHEN YOUR CASE IS CALLED.
SO YOU'LL BE READY WHEN THE CITY FINISHES ITS PRESENTATION FOR YOUR REPORT.
WITH THAT, IN TURN, I'LL MOVE THE CHIN
DID WE AGENDA, I MEAN, UH, APPEAL? CAN WE HEAR, HEAR? UH, ITEM NUMBER SIX, FIRST NO OBJECTIONS.
[6. Case Number: CV 2024-010522 (Part 1 of 3)]
THAT'S 2 0 1 POWELL LANE, WEST POWELL LANE.UM, I HONESTLY THINK WE SHOULD FIRST, UM, ITEM NUMBER SIX ON THE AGENDA IS AN APPEAL REGARDING 2 0 1 WEST POWELL LANE.
THE CASE NUMBER IS CV 2 0 2 5 DASH ONE ZERO OR 0 100 502.
THE CASE CAN BE FOUND IN, UH, THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.
THIS CASE BEGAN AS A COMPLAINT ABOUT APPLIANCES PILED AGAINST THE FENCE OF A PROPERTY.
UPON INVESTIGATION OF THE COMPLAINT, THE CODE OFFICER CONFIRMED APPLIANCES, WASHERS, AND DRYERS WERE BEING STORED ON THE PROPERTY, AND A NOTICE OF VIOLATION WAS, WAS ISSUED.
THE TENANT FILED AN APPEAL OF THE NOTICE.
THE NOTICE CONTAINS TWO STRUCTURE MAINTENANCE VIOLATIONS, WHICH IS WHY WE ARE HERE TONIGHT.
THE INITIAL COMPLAINT, UH, HERE'S SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS JANUARY 26TH, 2024.
THE NOTICE OF VIOLATION INCLUDED TWO STRUCTURE MAINTENANCE VIOLATIONS, WHICH HAVE NOT BEEN CLEARED TO DATE IN THE READERS OR GOOGLE DRIVE FOLDER.
YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO.
EXHIBIT ONE CONTAINS THE APPEAL LETTER, THE COMPLAINT AND CASE HISTORY, THE NOTICE OF VIOLATION, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO C, AND, UM, AUSTIN DEVELOPMENT SERVICES RE RECOMMENDATION, YOUR HONOR, ANYTHING? OKAY.
INVESTIGATOR COURTNEY BRITT IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.
I'M A CODE INVESTIGATOR WITH DEVELOPMENT SERVICES CODE COMPLIANCE.
THE NOTICE BEING APPEALED TONIGHT IS FOR 2 0 1 WEST POWELL STREET.
THE, THE APPELLANT IS THE TENANT ON THE COMMERCIAL PROPERTY, UH, OWNER AND OPERATOR OF GOOD DEAL APPLIANCES AND REPAIR.
THE CASE HISTORY IS AS FOLLOWS, ON JANUARY 26TH, 2024, CODE COMPLIANCE RECEIVED A
[00:10:01]
OKAY.YEAH, CAN YOU HEAR OKAY? OKAY.
I'M A CODE INVESTIGATOR WITH DEVELOPMENT SERVICES CODE COMPLIANCE.
THE NOTICE BEING APPEALED TONIGHT IS FOR 2 0 1 WEST POWELL.
THE APPELLANT IS THE TENANT AT THE COMMERCIAL PROPERTY OWNER AND OPERATOR OF GOOD DEAL APPLIANCES AND REPAIR.
THE CASE HISTORY IS AS FOLLOWS, ON JANUARY 26TH, CODE COMPLIANCE RECEIVED A COMPLAINT REGARDING THE CONDITIONS AND BUSINESS OPERATING AT 2 0 1 WEST POWELL.
INSPECTOR SYLVIA VIAL RESPONDED AND ISSUED A NOTICE OF VIOLATION TO THE OWNER OF THE PROPERTY CAMEO VVC FOR THE UNSANITARY CONDITIONS AFTER MULTIPLE EXTEN EXTENSIONS GRANTED AT THE REQUEST OF THE OWNER AND TENANT, INSPECTOR VILLA REAL ISSUED AN ADMINISTRATIVE HEARING CITATION FOR UNSANITARY CONDITIONS TO THE OWNER OVC ON JANUARY 24TH, 2024, WHICH HE SUBSEQUENTLY PAID ON SEPTEMBER 11TH, 2024.
THE OWNER RECEIVED AN EVICTION ORDER ON SEPTEMBER 16TH, 2024.
ON SEPTEMBER 26TH, THE TENANT, MR. SER, FILED AN APPEAL.
THAT APPEAL REMAINS ONGOING WITH THE LATEST FILINGS IN JULY OF 25 WITH MR. OGER REQUESTING A JURY TRIAL.
MY UNDERSTANDING IS THAT THE JURY TRIAL ORIGINALLY SET FOR TOMORROW HAS NOW BEEN SETTLED, BUT I HAVE NOT SEEN CONFIRMATION OF THAT, THAT IN MARCH, 2025, I ASSUME PRIMARY ON THIS CASE, I NOTED ADDITIONAL IPMC DEFICIENCIES FOR STAGNANT WATER IN THE STOCK TANK STRUCTURE.
IPMC 3 0 2 0.2, SO PHOTO TWO A IS THE, LEMME START OVER, UH, AND STORAGE OF REFRIGERATORS WITH DOORS ATTACHED TO IPMC 3 0 8 0.2 0.2, AND SENT NOTICE TO THE OWNER ON MARCH 14TH AND LATER TO THE TENANT ON JULY 18TH.
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE PREMISES WITH THE APPLIANCE SCRAP YARD, UH, VISIBLE OVER THE TARP FENCE.
THIS USE IS A ZONING VIOLATION WITH CHARGES PENDING IN MUNICIPAL COURT AND IS NOT SUBJECT TO DATE TODAY'S APPEAL.
NEXT, PHOTO TWO B IS A SIDE VIEW OF THE PREMISES SHOWING THE NUMEROUS STORED AND PARTIALLY DISMANTLED APPLIANCES.
PHOTO PHOTO TWO C DATED MARCH 12TH, 2025 DEPICTS A STOCK TANK STRUCTURE FILLED WITH GREEN STAGNANT WATER.
I'VE REVIEWED MR. SR'S APPEAL LETTER AND HE, AND WHERE HE NOTES I AIRED IN DESCRIBING IT AS A METAL STOCK TANK, UH, VERSUS PLASTIC.
HOWEVER, IT DOES NOT CHANGE THE MATERIAL FACT THAT THE TANK CONTAINS STAGNANT WATER.
IN HIS APPEAL, HE REPORTS THE TANK CONTAINS CLEAR WATER, FISH, AND VEGETATION.
WITH MR. SR'S PERMISSION, I'M HAPPY TO ENTER THE PROPERTY, CONDUCT A FOLLOW-UP INSPECTION TO CONFIRM AND CLEAR THIS VIOLATION.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO C, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS, AS WELL AS AUSTIN DEVELOPMENT SERVICES.
UH, RECOMMENDATION STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE STRUCTURE MAINTENANCE DEFICIENCIES WITHIN THE NOTICE OF VIOLATION.
YOU HAVE FIVE I THERE'S NO LIGHT OR ANYTHING.
I CAN'T HEAR ANY, I'VE GOT A REALLY SEVERE HEARING IMPAIRMENT WITH MY, UH, NO NOISE CANCELING.
UH, HEARING AIDS ARE ON THE WAY, BUT THEY HAVEN'T ARRIVED.
SO, UH, THIS IS HELPING A LITTLE BIT, BUT I REALLY COULDN'T HEAR ANYTHING.
UM, BUT ANYWAY, LET ME EXPLAIN ONE THING, UH, TO YOU SO THAT YOU CAN UNDERSTAND WHY I WANT A CONTINUANCE.
UM, I'M SORT OF BEING ATTACKED ON MULTIPLE LEVELS.
THIS IS, THIS IS ESSENTIALLY ONE ATTACK, AND THE OTHER ATTACK IS, UH, MY LANDLORD, UH, SEEKING EVICTION.
[00:15:01]
UM, AND, UM, SO I DON'T WANNA, UH, COMPLICATE THIS ANY ANYMORE THAN I I NEED TO, BUT I CAN TELL YOU THAT I HAVE EVIDENCE HERE THAT THERE'S A TRIAL THAT WAS SET FOR TOMORROW MORNING AT NINE O'CLOCK.OKAY? SO, SO WE HAVE THIS HEARING AND I'M SUPPOSED TO PREPARE FOR THIS MAJOR HEARING BECAUSE THIS IS SERIOUS.
IF YOU ALL CONFIRM, IF YOU ALL MAKE THIS SIMPLE CONFIRM CONFIRMATION TO CODE ENFORCEMENT, THEN THEY HAVE THE RIGHT, AND I DON'T KNOW IF YOU ALL UNDERSTAND THAT, BUT AS, AS SOON AS THEY GET THAT, UH, AFFIRMATION FROM YOU, THEN THAT'S A GREEN LIGHT FOR THEM TO DESTROY MY BUSINESS TO COME IN AND BASICALLY WIPE THE BUSINESS OUT.
AND THERE'S $10 MILLION WORTH OF PARTS, APPLIANCE PARTS ON THE PROPERTY, AND ALL THAT WILL BE TAKEN AWAY FROM ME FORCIBLY, AND IT WILL BANKRUPT ME, AND THAT'LL BE THE END OF IT.
WHY YOU SHOULD CARE IS ONE FACT THAT YOU REALLY HAVE TO PROCESS IS I HAVE BEEN ON THE PROPERTY FOR EIGHT AND A HALF YEARS DOING THIS BUSINESS WITH CODE ENFORCEMENT INTERACTIONS, OKAY? SO IT'S NOT LIKE, OKAY, THIS GUY'S VIOLATING THIS THING AND HERE'S, UH, HERE'S THIS GUY WHO'S NOT DOING THE RIGHT THING.
IT'S ON EXTREMELY COMMERCIAL STREET.
UM, IT'S, IT'S ALL COMMERCIAL WHERE I AM.
AND SO DON'T SORT OF JUDGE IT AS A, YOU KNOW, UM, A SIMPLE CODE VIOLATION.
IT'S NOT, I HAVE HAD INTERACTIONS FOR MANY, MANY, MANY YEARS WITH CODE ENFORCEMENT, AND THEY HAVE NOT INSISTED ON MY BUSINESS OR THE LOT BEING CLEARED.
THEY HAVE TAKEN A DRACONIAN STANCE THAT THEY'VE NEVER TAKEN BEFORE, AND THE LOT MUST BE CLEARED.
THAT'S DRACONIAN AND THAT'S NOT NEIGHBORLY, AND THAT'S NOT, UH, KIND AUSTIN, WHICH I I THINK YOU ALL UNDERSTAND THAT.
UM, ANYWAY, SO THE POINT I WANNA MAKE TO YOU, I, I WANTED TO MAKE THAT, THAT'S NOT REALLY MY DEFENSE.
I'VE GOT MORE OF A DEFENSE, BUT I WAS ABSOLUTELY TAKEN UP WITH THIS.
UH, HE MENTIONED IT THAT, UM,
I'M NOT GOING TO BORE YOU WITH THAT, BUT THERE'S A PRETRIAL HEARING ON THE FOURTH AND ON THE FOURTH, I WAS TRYING MR. S TO SEPARATES THESE TWO SO I COULD PREPARE FOR BOTH OF THEM.
THEY'RE, THEY'RE MAY BE MR. ELL AND I.
I THINK WE GOT, WE GOT YOUR, WHAT YOU'RE ASKING FOR, SO, OKAY, SO YES, SO, SO I WAS NOT ABLE TO PREPARE OR SUBMIT EVIDENCE AND, AND THESE ARE PUT TOGETHER AND WE DID THE SET, THE SETTLEMENT WAS YESTERDAY.
SO I'M JUST SORT OF IN A, A TURMOIL AS FAR AS BEING ORGANIZED AND HELPING YOU ALL UNDERSTAND THAT.
LET'S TAKE A HARDER LOOK AT THIS.
SO I'M ASKING FOR A CONTINUANCE.
UH, THERE'S NO, THERE SHOULDN'T BE NO RUSH.
THIS IS EIGHT AND A HALF YEARS OF, OF, OF THIS BUSINESS BEING THERE AND FUNCTIONING.
CAN YOU G CAN YOU GRANT ME A CONTINUANCE SO THAT I CAN BE MORE ORGANIZED? I WAS IN A REAL, REAL TURMOIL YESTERDAY TRYING TO GET THIS SETTLEMENT, UH, UH, ARRANGED WITH THE OTHER PARTY.
I DO RECALL LAST TIME YOU WERE IN AND YOU SAID THE SAME THING.
SO THERE'S BEEN AMPLE TIME TO PREPARE.
IT'LL BE UP TO THE COMMISSION.
IT'LL BE UP TO THE COMMISSION TO DECIDE, UH, WHETHER THEY WANTS TO PROCEED TO HEAR THE CASE OR DEFER TO THE REQUEST.
I HAVE A QUICK QUESTION FOR THE INSPECTOR.
IS THIS THE OWNER OF THE PROPERTY OR IS THIS THE TENANT? THIS IS NOT.
MR. SER IS THE TENANT OPERATING THE APPLIANCE REPAIR AND SALVAGE BUSINESS ON THE PREMISES.
AND HELP ME UNDERSTAND WHY WE'RE DEALING WITH THE TENANT AND NOT THE PROPERTY OWNER.
UH, THE TENANT HAS RIGHT TO APPEAL AS THE OCCUPANT AND PERSON IN CONTROL OF THE PROPERTY.
THEY DO HAVE THE RIGHT TO APPEAL, UH, THE NOTICE OF VIOLATION FOR THE STRUCTURAL VIOLATIONS.
UM, OKAY, COMMISSIONERS AND SORRY, MR. CHAIR.
UH, I'D ALSO LIKE TO POINT OUT THAT THE OWNER IS HERE AND PREPARED TO GIVE TESTIMONY IN REGARDS TO THIS APPEAL AS WELL.
[00:20:01]
UH, COMMISSIONER RIVERA.UM, I JUST WANNA CLARIFY THAT THIS IS AN APPEAL OF THE NOTICE, CORRECT? CORRECT.
THIS IS MR. SR'S APPEAL THAT HE FILED.
AND, UH, JUST FOR THE RECORD, THIS WOULD BE THE THIRD CONTINUANCE.
SO I HAVE A, THE NOTICE ALSO, I'D LIKE TO SUBMIT JUST A MOMENT, SIR.
SO THE NOTICE, UM, IF THE APPEAL APPEAL IS NOT GRANTED, ALL THAT MEANS IS THAT THE, THERE WILL BE FOLLOW UP FROM CODE, CORRECT? BEFORE IT ACTUALLY COMES TO US FOR THAT IS CORRECT.
IN FACT, WE'RE ALREADY PURSUING THE ZONING VIOLATIONS THROUGH MUNICIPAL COURT.
THAT'S THE AVENUE THAT WE'VE DECIDED TO TRY TO GET COMPLIANCE ON THIS PROPERTY.
THERE ARE MULTIPLE ISSUES, UM, AS FAR AS FIELD IS CONCERNED, AND MY TEAM IS CONCERNED, UM, THE IPMC ISSUES, UH, THEY MAY BE RESOLVED ACCORDING TO MR. UH, ER'S LETTER, BUT THAT IS NOT THE MAIN THRUST OF OUR CASE ANYMORE.
WHAT WOULD BE CONSIDERED GROUNDS FOR A SUCCESSFUL APPEAL OF A NOTICE? MATERIAL FACT MISTAKES IN THE NOTICE, SUCH AS I WAS AT THE WRONG ADDRESS, I HAD THE WRONG PERSON IDENTIFIED, OR THAT THE VIOLATIONS THAT I CLAIMED IN THE NOTICE WEREN'T ACTUALLY PRESENT ON THE DAY THAT I WAS ON THE PROPERTY.
UH, WHICH I THINK THE PHOTOS SHOW IS NOT THE CASE.
AND I WOULD ALSO JUST LIKE TO ADD, UM, INSPECTOR BRITT IS CORRECT.
GENERALLY, WHEN A NOTICE OF VIOLATION IS APPEALED, YOU ARE LOOKING AT NUMBER ONE, DOES THE PERSON APPEALING HAVE STANDING? IF THE PERSON APPEALING HAS STANDING, THEN YOU LOOK AS INSPECTOR BRITT POINTED OUT TO WHETHER OR NOT THE ALLE THE VIOLATION ALLEGED AT THE TIME DID IN FACT EXIST AT THE TIME AND ON THE DATE, OR IF THERE WAS ANY OTHER ISSUE OF MATERIAL FACT THAT WOULD ESSENTIALLY UNDERMINE THE VALIDITY OF THE NOTICE COMMISSION.
IS THAT CLEAR? SO IT'S NOT, IT'S NOT THE ISSUE OF WHAT'S HAPPENING.
IT'S, BUT IF I MAY ALSO ADD VICE CHAIR.
I THINK THE, THE CURRENT QUESTION BEFORE THE BOARD IS THE ISSUE OF THE CONTINUANCE.
BECAUSE IT HAS BEEN RAISED, YOU ALL WILL NEED TO DECIDE THAT, THAT ISSUE FIRST BEFORE YOU CAN THEN MOVE ON TO THE MERITS, ASSUMING YOU DE, YOU KNOW, BASED ON WHATEVER YOU DECIDE ON THE CONTINUANCE.
INSPECTOR BRICK, YOU SAID THIS IS THE THIRD REQUEST FOR CONTINUANCE? IT IS, THIS IS THE THIRD TIME IT'S BEEN SET FOR AGENDA.
ONCE THE, UH, CONTINUANCE WAS GRANTED ADMINISTRATIVELY, IF, UH, IF I'M NOT MISTAKEN, UH, THE SECOND TIME HE APPEARED BEFORE THE COMMISSION AND THEN THIS IS NOW THE THIRD TIME.
SO HE'S ON HIS ACTION THREE MONTHS.
MAY I MAKE A STATEMENT? YES, SIR.
BRIEFLY, THE SETTLEMENT THAT WE ENGINEERED YESTERDAY IS ROCK SOLID.
IT'S ROCK SOLID AND I HAVE THE EVIDENCE TO SHOW YOU THAT.
I'M LEAVING THE PROPERTY ON MARCH 1ST, WHICH IS I, AND I NEED THAT TIME JUST TO FIND A PLACE.
YOU KNOW WHAT AUSTIN IS, MR. SEA.
SO, MR. SEA, SIR, DO YOU HAVE SOMETHING RELEVANT TO THE REQUEST? I'M JUST LETTING YOU KNOW THAT IT, IT'S GONNA BE OVER MARCH 1ST, SO, OKAY, THANK YOU.
CAN YOU TABLE IT TILL MARCH 1ST? COMMISSIONERS, YOU NEED A MOTION? YES, SIR.
WE WILL NEED A MOTION AS THIS WOULD BE ON, ON THE CONTINUANCE.
IS THERE A MOTION I MOVE TO DENY THE CONTINUANCE REQUEST? SECOND.
A MOTION BY COMMISSIONER RIVERA.
SECOND BY JEFF COMMISSIONER MUSGROVE.
IS THERE ANYONE LUCIOUS TO SPEAK AGAINST THE MOTION? WE'LL GO FOR A VOTE.
WHAT ABOUT R
THAT'LL TEACH YOU NOT TO COME.
WE NOW NEED A MOTION ON WELL, WHAT? HOLD ON.
[00:25:01]
TWO A THROUGH TWO C.ANY, UH, OBJECTION TO THAT HEARING NONE.
UH, WAS THERE AN OWNER EXHIBIT ON THIS AS WELL? HE BROUGHT SOMETHING WE WILL ACCEPT THE OWNERS AT WHAT I SEE THAT IN OUR, IS THIS NOT THE ONE THAT'S IN OUR GOOGLE'S DRIVE? SO THIS IS DIFFERENT THAN THE ONE WE HAVE.
THAT'S AN I OKAYI, WE'RE STILL ON SIX.
MR. VEI? YES, YOU MAY PROCEED.
YOU CAN PRESENT YOUR, DO YOUR PRESENTATION.
I OWN THE PROPERTY AT 2 0 1 WEST PAUL LANE, AUSTIN, TEXAS 7 8 7 5 3.
AND UH, THIS IS THE FIRST TIME IT'S HAPPENING TO ME THAT I HAVE TO GO THROUGH THIS PROCESSING.
UH, I DON'T KNOW WHY I'M HERE AND WHY, UH, HE'S NOT LEAVING THE PROPERTY.
SO WE DID SETTLE WITH MY ATTORNEY THAT HE IS GONNA BE OUT ON MARCH 1ST AND, UH, MY ATTORNEY ADVISED ME TO SHOW UP TO THIS HEARING AND THAT'S WHY I'M HERE NOW.
YOU'LL HAVE ANY QUESTION ASK ME TO ANSWER BECAUSE I'M NEW TO THIS.
ANY QUESTIONS FOR MR. VISI? I, THERE DOESN'T SEEM TO BE ANY QUESTIONS.
I NEED A MOTION TO CLOSE THE PUBLIC HEARING.
SO, UM, CHAIR, I DID WANT TO POINT OR VICE CHAIR, EXCUSE ME.
I DID WANNA POINT OUT THAT STAFF IS WORKING TO UPLOAD THE, UH, TENANT MR. SING'S EXHIBITS.
UH, BECAUSE SINCE RA IS VIRTUAL, I WANT TO MAKE SURE THAT ALL OF YOU HAVE THE SAME INFORMATION OKAY.
SO THAT YOU CAN MAKE YOUR DECISION BASED ON THAT SAME INFORMATION.
WE SHOULD WAIT UNTIL HE GETS HIS MATERIAL BEFORE WE CLOSE THE HEARING.
OKAY? I WOULD, I WOULD RECOMMEND SO JUST AGAIN, SO THAT IN CASE THERE IS AN APPEAL OF THIS DECISION SURE.
EVERYTHING IS AT LEAST ON IN THE RECORD.
AND IT'S POSSIBLE VICE CHAIR THAT WE MAY NEED TO MOVE ON TO ANOTHER ITEM WHILE WE WAIT FOR THE, THE MATERIAL, BUT I'LL WAIT FOR MR. CANALES TO ADVISE.
HOW LONG DOES THAT TYPICALLY TAKE? ANY IDEA? JAMES, DO YOU HAVE AN IDEA HOW LONG THAT TYPICALLY TAKES BEFORE MARCH 1ST? PROBABLY TAKES 10 OR 15 MINUTES TO, TO RUN AND, UH, 10 MINUTES PROBABLY TO SCAN IT, YEAH.
ALRIGHT, WITH THAT COMMISSIONERS, WHY DON'T WE TABLE THAT? IS THERE A, WE NEED A MOTION TO TABLE THAT OR THERE WOULD BE A MOTION TO TABLE, BUT IT DOES NOT NEED TO BE A ROLL CALL VOTE TWO HOUSES.
I MOVE THAT WE TABLE THIS SECOND.
MOTION BY COMMISSIONER MUSGROVE TO TABLE WAS A SECOND BY COMMISSIONER GARZA.
[00:30:01]
A VOICE VOTE.HOLD ON A SECOND, JAMES, WE'RE GONNA, WE'VE TABLED THEM THIS TEMPORARILY UNTIL COMMISSIONER, UH, TOVI CAN GET A COPY OF THE DOCUMENT AND THEN WE'LL COME BACK TO THAT.
JAMES, ANY PREFERENCE IN WHAT YOU'D LIKE TO ATTACK NEXT? NO PREFERENCE.
MR. ELLINGER? YES, MR. HAS BEEN TABLED.
YOU CAN HAVE A SEAT TO THE SIDE.
THAT'S, I'VE GOT A CARD ON FOUR.
[4.Case Number: CL 2025-092983]
TO FOUR? SURE.ALRIGHT, COMMISSIONERS, WE'LL MOVE TO ITEM FOUR.
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER SEAL 2 0 2 5 DASH 9 2 9 83 AND IS REGARDING A COMMERCIAL MULTIFAMILY, UH, PROPERTY LOCATED AT 1 2 1 5 EAST 52ND STREET.
THE EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A VACANT COMMERCIAL MULTIFAMILY PROPERTY.
THE CASE WAS OPENED IN MAY, 2025 AS THE RESULT OF A COMPLAINT.
THERE ARE NO PENDING TRADE PERMITS FOR THE PROPERTY.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH DANGEROUS AND UNSAFE 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, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTING, AND A POLICE ACTIVITY REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR COURTNEY BRITT IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.
MY NAME'S COURTNEY BRITT AND I'M A CODE INVESTIGATOR FOR AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE.
THE PROPERTY WE BROUGHT BEFORE YOU TODAY IS A MULTIFAMILY COMMERCIAL 16 UNIT APARTMENT COMPLEX, LOCATED AT 1215 EAST 52ND STREET.
THE OWNERS OF RECORD HAVE BEEN IDENTIFIED AS YELLOW 52 INVESTMENT LLC PER THE TRAVIS CENTRAL APPRAISAL DISTRICT.
WE RECEIVED A COMPLAINT VIA 3 1 1 REGARDING, UH, ABANDONED MULTIFAMILY AND COMMERCIAL STRUCTURES OPEN AND OCCUPIED BY PERSONS EXPERIENCING HOMELESSNESS ON 52ND STREET AND CAMERON ROAD.
THE, THE PROPERTIES IN A LARGE GROUP OF ADJACENT PROPERTIES ALL HELD BY SUBSIDIARIES OF DANLEY PROPERTY GROUP AND SCHEDULED FOR REDEVELOPMENT.
FOUR OTHER ASSOCIATED PROPERTIES HAVE BEEN SUBJECT TO PREVIOUS, UH, BSC ORDERS.
BEFORE THIS COMMISSION ON JAN ON MAY 13TH, 2025, I CONDUCTED A THOROUGH INSPECTION AND NOTICE MULTIPLE STRUCTURAL DEFICIENCIES AND AT LEAST SEVEN OPEN AND ACCESSIBLE UNITS BEING UTILIZED BY PERSONS EXPERIENCING HOMELESSNESS THAT SAME DAY.
I MAILED A NOTICE OF VIOLATION TO THE OWNER IDENTIFIED IN THE TRAVIS CENTRAL APPRAISAL DISTRICT AND REGISTERED AGENT IDENTIFIED IN THE TEXAS SECRETARY OF STATE REGISTRY ON JUNE 23RD, 2025.
I CONDUCTED A FOLLOW UP INSPECTION, OBSERVED ALL THE DEFICIENCIES REMAIN VALID AND NOTED 13 OPEN ACCESSIBLE UNITS.
I POSTED THE NOTICE OF VIOLATION ON THE PREMISES AT THAT TIME FROM JUNE, 2025 TO PRESENT CODE COMPLIANCE AND THE OWNER'S AGENT HAVE BEEN IN CONTACT TO ADDRESS ONGOING ISSUES ON THE PROPERTY.
THE OWNERS HAVE REPEATEDLY BOARDED THE PROPERTY, EMPLOYED REMOTE, UH, EMPLOYED REMOTE SECURITY ROBOTS TO MONITOR THE AREA, EMPLOYED ACTUAL SECURITY GUARDS TO MONITOR THE AREA AND FENCED THE PROPERTY.
HOWEVER, THE STRUCTURE REMAINS AN ATTRACTIVE NUISANCE WITH HOMELESSNESS AND DRUG ACTIVITY.
ON JULY 15TH, 2025, AUSTIN POLICE RESPONDED FOR A DECEASED PERSON IN UNIT 1 0 5.
PRELIMINARY PER POLICE FINDINGS LIST CAUSE CAUSE OF DEATH AS AN OVERDOSE WITH METHAMPHETAMINE SEIZED ON THE SCENE.
ON NOVEMBER 19TH, 2025, I CONDUCTED A FOLLOW UP INSPECTION AND CONFIRMED THAT 12 OF THE VIOLATIONS ON THE PROPERTY REMAIN VALID.
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
PHOTO TWO A IS A CONTEXTUAL OVERVIEW OF THE COURTYARD PARKING LOT IN FRONT OF THE STRUCTURES ON THE PREMISES, WHICH ALSO SHOWS BOARDED WINDOWS AND DOORS TYPICAL THROUGHOUT THE PREMISES.
THIS IS, UH, IPMC 3 0 1 0.4, VACANT STRUCTURES AND LAND FOR LIGHTING.
NEXT, PHOTO TWO B SHOWS THE DAMAGED INTERIOR WALLS WITH DRYWALL REMOVED, DAMAGED FRAMING AND EXPOSED FRAMING THROUGHOUT IS THE INTERIOR SURFACES.
[00:35:01]
3 0 5 0.3.NEXT PHOTO, TWO FEET DEPICTS MISSING POSTS OR COLUMNS CARRYING THE, UH, BEAM, SUPPORTING THE RAFTER TAILS OR TRUSS ENDS.
UH, ALONG THE TOP OF THE COVERED WALKWAY, UH, THIS IS, UH, STRUCTURAL MEMBERS 3 0 4 0.4.
NEXT PHOTO SHOWS DAMAGED ELECTRICAL DISTRIBUTION SYSTEM WITH MISSING BOX COVERS, ELECT MISSING SAFETY SHIELDS AND REMOVED METERS.
THIS IS ELECTRICAL EQUIPMENT EXPOSED TO WATER, UH, IPMC 6 0 5 0.31 AND ELECTRICAL INSTALLATION 6 0 5 0.12 E SHOWS MISSING.
UH, HVAC CONDENSER EQUIPMENT WITH EXPOSED WIRING, WHICH IS CONSISTENT FOR EVERY UNIT ON THE PREMISES.
THIS IS MECHANICAL APPLIANCES, 6 0 3 0.1.
PHOTO TWO F SHOWS MISSING SUPPLY LINE AND DAMAGED DRAIN, UH, I'M SORRY, MISSING PHOTO TWO F SHOWS MISSING SUPPLY AND DRAIN LINES FOR THE PLUMBING FIXTURES, UH, THROUGHOUT THE PROPERTY.
5 0 4 1 2 G SHOWS BROKEN WINDOWS, WHICH IS TYPICAL OF THE WINDOWS ON THE PREMISES OF WINDOW SKYLIGHT AND DOOR FRAMES FOR GLAZING.
NEXT PHOTO TWO EIGHT SHOWS A BROKEN DOOR FRAME WITH DAMAGED LOCK CORRIDOR, WHERE CONSISTENT WITH FORCED ENTRY TYPICAL THROUGHOUT THE PREMISES.
ADDITIONALLY, AT LAST INSPECTION, DOORS TO EIGHT UNITS WERE UNSECURE, WHICH IS A VIOLATION FOR UNSAFE STRUCTURES.
OKAY, AND TWO I SHOWS THE DAMAGED ROOF WAS SPLIT RAFTER TAIL AND THE RAISED DECKING.
LAST FRIDAY ON DECEMBER 5TH, UH, 20 25, 9 1 1 RECEIVED A REQUEST FOR A WELL WELFARE CHECK ON AN INDIVIDUAL EXPERIENCING A MENTAL HEALTH CRISIS AT THIS LOCATION.
13 MINUTES AFTER THAT CALL, AUSTIN FIRE DEPARTMENT RECEIVED REPORTS OF A STRUCTURE FIRE.
36 PEOPLE FROM AUSTIN FIRE DEPARTMENT RESPONDED AND EXTINGUISHED THE FIRE.
AS OF THE MORNING OF DECEMBER 8TH, THE SECURITY FENCE HAD BEEN REINSTALLED AND SECURED.
HOWEVER, THE BURNED UNITS WERE OPEN AND ACCESSIBLE AND I OBSERVED ONE AUTHORIZED INDIVIDUAL BACK ON THE PREMISES.
UH, CURRENT STATUS ON THE PROPERTY IS ON AUG.
AUGUST 22ND, THE OWNER FILED AN APPLICATION FOR SITE PLAN EXEMPTION FOR DEMOLITION.
THE SUBMITTALS WERE COMPLETED AND EXEMPTION APPROVED ON NOVEMBER 6TH.
UH, AT THIS TIME, THE DEMO PERMITS HAVE NOT BEEN GENERATED.
I'M AVAILABLE TO ANSWER YOUR QUESTIONS.
THE, UH, THE LAST TWO PHOTOS, TWO J AND 2K ARE THE CURRENT STATUS OF THE PROPERTY AFTER THE FIRE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE AND 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 2K.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES, UH, FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $7,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
NOW WITH THAT, THE CITY CONCLUDES ITS PRESENTATION AND MR. CHAIR, IF I MAY ADD, UM, ALTHOUGH THE RECOMMENDED ORDER WAS ORIGINALLY FOR REPAIR, CONSIDERING THE RECENT FIRE AND THE OWNER'S INTENT TO DEMOLISH, I ASK THE COMMISSION TO CONSIDER ISSUING INSTEAD AN ORDER FOR DEMOLITION.
I THINK WE HAVE, UH, SOMEONE TO SPEAK, UH, JOHN AND BARBARA DAVIS.
[00:40:07]
UM, WELL, SO MY, MY NAME IS JOHN DAVIS.WE, UH, AND MY WIFE AND I OWN THE, UH, PROPERTY ACRO ACROSS THE STREET, WHICH IS A DUPLEX, WHICH IS, UH, UH, I WOULD ARGUE A, AN AFFORDABLE RENTAL.
UH, WE, OUR NEIGHBORHOOD ASSOCIATION RECEIVED A, A TALK FROM A DEVELOPMENT GROUP WHERE THEY WERE SAYING THAT THEIR GOAL WAS, UH, $1,500 PER BEDROOM.
UH, WE, AND THE, UH, AND THERE'S ALSO AN IDENTICAL BUILDING NEXT DOOR.
UH, BUT BOTH OF US ARE OFFERING OUR APARTMENTS SAID HALF THAT AND, AND, AND, AND SO, SO WE'RE TALKING ABOUT INCLUDING MY NEIGHBOR.
THERE'S FOUR, UM, FOUR APARTMENTS THERE.
SO, SO ANYWAY, THEY, WE WOULD, WE WOULD URGE THE, UM, COMMISSION HERE TO, YOU KNOW, UH, UH, APPROVE THE CITY'S RECOMMENDATION TO DEMOLISH THIS PROPERTY JUST BECAUSE IT'S, UH, UNSAFE CONDITIONS FOR OUR TENANTS.
SO THAT'S, SO ANYWAY, THANK, THANK YOU VERY MUCH.
MS. DAVIS, ANYTHING? I, UM, WOULD LIKE TO SAY THAT WE ARE VERY COMMITTED TO THE AFFORDABLE HOUSING ASPECT OF OUR PROPERTY.
UH, WE'VE PERSONALLY SPENT TWO MONTHS, WE ARE BOTH RETIRED PROFESSORS AT UT AND WE PERSONALLY SPENT TWO MONTHS IN THE LAST TWO MONTHS GETTING OUR PROPERTY READY TO RE-RENT ONE OF THE TWO UNITS.
SO WE ARE VERY COMMITTED TO A QUALITY PROPERTY FOR PERSONS WHO MAY NEED TO, UH, AVAIL THEMSELVES OF AFFORDABLE HOUSING.
UM, I HAVE BEEN IN AUSTIN SINCE 1962 AND GRADUATED FROM MCALLEN HIGH SCHOOL.
SO WE ARE VERY COMMITTED TO THE CITY OF AUSTIN.
AND FOR MY OWN SELF, I NEED TO EXPRESS EXTREME APPRECIATION FOR THE TIME AND QUALITY OF HEARING THAT I AM EXPERIENCING AT THIS POINT RELATIVE TO OUR PROPERTY AND THE WELLBEING OF THAT STREET.
IT IS A VERY, UM, MARGINAL AREA.
UH, ALL, ALL OF THE PROPERTIES ARE SCRAPED ON THE, UH, SOUTH SIDE OF THE, UH, THE STREET.
UM, AND, UH, SO WE HAVE A CHANCE IN THIS BODY AND OTHER, UH, AREAS TO MAKE THIS A A QUALITY, AFFORDABLE HOUSING ASPECT OF OUR CITY.
UH, IT SAYS HERE, WE HAVE TWO PEOPLE ON THE PHONE LINE TO SPEAK.
UH, WERE YOU ALL HERE WHEN WE SWORE PEOPLE IN? YES.
UH, MICHAEL DAMEL WAS MS. KY? YES, I WAS.
ALRIGHT, ARE Y'ALL TOGETHER OR GONNA DO SEPARATE PRESENTATIONS? SEPARATE PRESENTATIONS.
ALRIGHT, MS. PENSKY, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? I JUST, I'M HERE ON BEHALF OF OWNERSHIP, UM, FOR YELLOW 52 INVESTMENTS AND WANTED TO LET EVERYBODY KNOW THAT WE ARE IN PROCESS OF GETTING THE DEMO PERMIT.
WE HAVE DONE ALL OF OUR SUBMITTALS.
WE'VE ACTUALLY MET WITH OUR ATTORNEYS THIS WEEK.
THE FENCE THAT'S UP IS FROM THE DEMO COMPANY.
WE ARE JUST WAITING ON THE ACTUAL PERMIT FROM THE CITY OF AUSTIN.
SO WE'RE TRYING TO FAST TRACK THAT THROUGH THE CITY, UM, AS QUICKLY AS POSSIBLE BECAUSE WE WANT THESE STRUCTURES DOWN.
UH, AND ALSO, I JUST WANNA NOTE TOO, WE HAVE HIRED STANDING PATROL AND WE DO HAVE, THAT'S WHY COURTNEY, UH, OFFICER BRITT, UH, WAS ABLE TO SEE AN AUTHORIZED PERSON ON THE PROPERTY.
'CAUSE WE'VE HIRED 24 HOURS STANDING SECURITY, UM, AT, AT THE BURNED PROPERTY.
I'M THE OWNER, UH, PARDON ME, RIGHT NEXT TO, UH, JOHN DAVIS' PROPERTY.
I'VE OWNED THE PROPERTY SINCE THE, UH, MID
[00:45:01]
NINETIES.I'VE BEEN IN AUSTIN SINCE THE EARLY NINETIES.
AFFORDABLE HOUSING, I'M ALL FOR IT.
UH, WE'VE HAD PROBLEMS SINCE THE SUMMER.
I'VE, UH, TRIED, I'VE GOTTEN A HOLD, UH, HEATHER PENSKE ONCE WITH DANLEY PROPERTIES AND I'VE SENT HER NUMEROUS EMAILS, WHICH SHE'S NEVER RESPONDED TO, AND I FIND THEM VERY, UM, VERY UNHELPFUL AND, AND HEARING THE SAME THING.
WE'RE TRYING TO GET, UH, PERMITS DONE.
I'VE HAD TO, UH, REDUCE MY RENTS BY 50% BECAUSE I WANNA READ YOU WHAT THE LAST, THE TENANT IN THE BOTTOM SAID.
THE BOTTOM UNIT SAID, UH, A, A EMAIL TO ME.
ARREST, UH, UH, ADDRESS JULY 15TH.
OVER THE PAST COUPLE OF DAYS, I'VE MADE TWO FORMAL REPORTS TO THE CITY AND EMAILED MY DISTRICT REPRESENTATIVES.
I HAVE HAD TO CALL THE POLICE SEVERAL TIMES IN RESPONSE TO VIOLENT INCIDENTS, INCLUDING FIGHTING AND THE SOUND OF THE GUNSHOTS CLOSE TO THE HOUSE ON SATURDAY NIGHT.
THESE PAST FEW DAYS HAVE BEEN INCREDIBLY DIFFICULT AND I'VE FELT GENERALLY UNSAFE BOTH MYSELF AND MY CHILD.
SO, YOU KNOW, THERE'S BEEN A DEATH ON THE PROPERTY.
UM, UH, MS. PENSKY TOLD ME IN AN INTERVIEW THAT SHE COULDN'T PUT A FENCE OUT IN FRONT OF THE PROPERTY BECAUSE AUSTIN A PD WOULD NOT ALLOW IT, WHICH WHEN I TALKED TO THE DISTRICT REP, THEY WENT DIRECTLY AGAINST IT.
SHE ALSO TOLD ME THAT, UM, DPS WAS INVOLVED.
HOWEVER, NO ONE CAN GIVE ME ANY SORT OF INFORMATION THERE.
I FIND IT VERY UNUSUAL THAT THIS FIRE JUST HAPPENED, UH, TWO DAYS PRIOR TO THE HEARING.
THERE WAS ALSO A PREVIOUS FIRE, TWO, TWO, UH, TWO UNITS OVER THAT HAPPENED TWO DAYS PRIOR AT AT 1209 EAST 52ND, ANOTHER ABANDONED PROPERTY, MR. DAM.
AND THIS ONE HAPPENED MR. DAMON, TWO DAYS LATER.
DO DO YOU HAVE A SPECIFIC ASK OF THE COMMISSION? WHAT I ASK YOU IS YOU, YOU, UH, DO WHAT YOU CAN.
THE, THE HARSHEST PENALTY YOU CAN APPLY TO THE OWNERS BECAUSE THEY'VE BEEN VERY ARROGANT AND IRRESPONSIBLE AND UNRESPONSIBLE, UH, UN UNRESPONSIVE OF, OF, UH, ADDRESSING THE NEIGHBORHOOD CONCERNS.
AND I WOULD LIKE TO SEE THE BUILDING DEMOLISHED.
WITH THAT I WILL, UH, ADMIT, UH, EXHIBITS ONE AND TWO A THROUGH 2K UNLESS THERE'S ANY OBJECTION BY, UH, COMMISSIONERS HEARING NONE, WE'LL ADD THOSE ITEMS. UH, COMMISSIONERS.
ANY QUESTIONS FOR THE OWNER OR STAFF? HEARING NONE.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
MOTION BY COMMISSIONER MUSGROVE SECOND
IS THERE A MOTION I MOVE TO ACCEPT THE STAFF'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND AMEND THEIR, THEIR RECOMMENDED ORDER? SO WITHIN 45 DAYS FROM THE DATE OF THE ORDER, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, DEMOLISH ALL PORTIONS OF THE FIRE DAMAGE COMMERCIAL STRUCTURE, AND REMOVE ITS DEBRIS, LEAVING THE LOT CLEAN AND RAKED AND REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE DAMAGE COMMERCIAL STRUCTURE, INCLUDING ANY ITEMS IN AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF SUCH, THE PROPERTY OWNER SHALL BE ON NOTICE.
THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY A 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.
COMMISSIONER GARZA, ANYONE WHO SPEAK FOR OR AGAINST THE MOTION HEARING NO DISCUSSION.
[00:50:01]
AND I VOTE AYE.DO WE WANNA PICK UP, ARE WE READY TO PICK UP THE UH, YES, SIR.
[6. Case Number: CV 2024-010522 (Part 2 of 3)]
WE'LL GO BACK TO CASE FOUR.UM, AND ACTUALLY VICE CHAIR, JUST AS A TECHNICALITY, WE DO HAVE TO HAVE A MOTION AND A VOTE TO UNT.
UH, COMMISSIONER TOM LAVES, DID YOU GET THE, UH, OWNER'S EXHIBIT? IT SHOULD BE IN THE GOOGLE DRIVE FOLDER NOW.
IT'S NOT THE ONE LABELED OWNER OVC EXHIBITS, RIGHT? OR IS THAT, IS THAT THE ONE THAT WE'RE, WE'VE BEEN TALKING ABOUT? THAT'S NOT THE ONE.
UM, WANNA MAKE SURE YOU ASK IT BEFORE I'LL REFRESHER AGAIN.
THE FIRST, YEAH, I'M NOT SEEING IT EITHER.
THE FIRST PAGE IS, UH, AN AGREED FINAL JUDGMENT.
WAS IT ENTERED INTO THE FILE WITH THE OWNER'S EXHIBITS? IS THAT WHY WE'RE NOT SEEING IT? THAT'S A QUESTION.
SORRY, WHAT WAS THE QUESTION? WAS IT ENTERED INTO THE FOLDER OF OWNER EXHIBITS? UH, NO.
YOU WON'T, YOU WON'T SEE IT ON YOUR READER.
IT'S IN, WE MADE IT AVAILABLE ONLINE FOR OKAY.
COMMISSIONER, DO YOU SEE IT? DOES THE COMMISSIONERS HAVE IT? YOU DON'T SEE IT SHOULD SEE NUMBER SIX ON IT.
TOM LOVICH, HAVE YOU BEEN ABLE TO SEE IT? YEAH, I, I DON'T HAVE, I DON'T SEE IT IN THE GOOGLE DRIVE AND THEY SAID THEY, THEY MADE IT AVAILABLE ONLINE, BUT I'M NOT, NO, IT LOOKS LIKE IT'S NOT THERE.
I'M NOT, I'M NOT SEEING IT ON MY END.
MIGHT BE QUICKER TO EMAIL HIM.
NO, IT LOOKS LIKE IT DIDN'T MAKE IT IN.
WE'LL NEED A LITTLE MORE TIME.
OKAY, COMMISSIONERS, LET'S CONTINUE TO HOLD THAT TABLE AND WE'LL MOVE ON TO ANY PREFERENCE, JAMES? NO, SIR.
[2. Case Number: CL 2025-141760 ]
ANY OBJECTIONS? ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER SEAL 2 0 2 5 DASH 1 4 1 7 6 0 AND IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 1 6 0 1 ROYAL CREST DRIVE, ALSO KNOWN AS MIA RIVERSIDE.THE EXHIBITS CAN BE FOUND IN THE NAVY BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS IS, THIS COMMERCIAL MULTIFAMILY PROPERTY IS CURRENTLY ASSIGNED, UH, CURRENTLY REGISTERED WITH A REPEAT OFFENDER PROGRAM AND IS OCCUPIED.
THE CASE WAS OPEN IN MAY, 2025.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS AND RE REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, AND THE RECOMMENDED ORDER CODE INSPECTOR BRIAN EVANS IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR EVANS, PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING COMMISSIONERS.
[00:55:01]
MY NAME IS BRIAN EVANS.I AM A INSPECTOR WITH THE DEVELOPMENT SERVICES DEPARTMENT, REPEAT OFFENDER UNIT CODE ENFORCEMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL PROPERTY LOCATED AT 1 6 0 1 ROYAL CREST DRIVE.
THE BUILDING WAS STRUCTURE WAS BUILT IN 1968.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS MIA RIVERSIDE LP.
THIS PROPERTY WAS PLACED ON THE REPEAT OFFENDER PROGRAM ON MAY 21ST, 2025.
IT WAS PREVIOUSLY ON THE REPEAT OFFENDER PROGRAM AND IS NOW BACK ON THE PROGRAM FOR A PLAN ON MAY 29TH, 2025, I RECEIVED A COMPLAINT ABOUT THIS PROPERTY LOCATED AT 1 6 0 1 ROYAL CREST DRIVE VIA AUSTIN WATER DUE TO A SEPTIC OVERFLOW THAT WAS ENTERING THE PUBLIC WATERWAYS.
ON JUNE 2ND, 2025, I PERFORMED AN INSPECTION AND I OBSERVED THE FOLLOWING VIOLATIONS.
I OBSERVED CONSTRUCTION WORK BETWEEN BUILDINGS B NINE AND B 10.
THERE WAS A TRENCH APPROXIMATELY THREE FEET BY 20 FEET DUG OUT TO THE MAIN SEWER DRAIN.
I OBSERVED SUMP PUMPS THAT WERE PUT IN AT SEWER CLEANOUTS UPSTREAM FROM THE OBSTRUCTION THAT WERE PUMPING RAW SEWAGE TO ANOTHER MAIN SEWER DRAIN AT A NEARBY STRUCTURE.
A DOCUMENT OF THE CASE MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATION.
ON JUNE 9TH, 2025, I PERFORMED FOLLOW-UP INSPECTIONS ON JUNE 17TH, JULY 15TH, AUGUST 13TH AND SEPTEMBER 8TH, 2025, AND OBSERVED THAT THE VIOLATION HAD NOT BEEN CORRECTED.
I OBSERVED SEVERAL HOLES NEAR SEWER CLEANOUTS FULL OF RAW SEWAGE, WHICH WERE DRAINING INTO THE PARKING LOT AND INTO THE PUBLIC WATERWAYS.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT PROVIDING AN ACTION PLAN WITH AN ENGINEER'S REPORT ON THE CONDITION OF THE WASTEWATER SYSTEM FOR THE ENTIRE PROPERTY.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
UH, PHOTO TWO A IS CONTEXTUAL PHOTO OF THE PROPERTY THAT AT THE MIA RIVERSIDE APARTMENTS, UH, TWO B IS JUST SHOWING WHERE THE CONSTRUCTION WORK WAS BEING HANDLED AND HOW LARGE THE AREA WAS THAT WAS DUG UP AT THE TIME.
UH, THIS IS WHERE SHOWING THAT THE, UH, CLEANOUTS UPSTREAM HAD RAW SEWAGE, UH, JUST AROUND THE CLEANOUTS JUST OPENING THE PUBLIC.
UH, THIS IS SHOWING WHERE THE SEWAGE IS ACTIVELY LEAKING AND DRAINING THROUGH THE PARKING LOT.
AND THIS IS WHERE YOU CAN SEE IT ENTERING A STORM DRAIN INTO THE PUBLIC WATER SYSTEM.
UH, THIS IS THE TRENCH, UH, THAT WE SAW DUG UP EARLIER.
YOU CAN SEE IT WAS JUST FULL OF, UH, RAW SEWAGE AT THIS TIME.
THIS PHOTO IS IN AUGUST, UH, WHICH WAS TWO MONTHS LATER, AND THIS ONE IS SHOWING THAT IN AUGUST THAT THE SEWAGE WAS STILL CONTINUING TO DRAIN INTO THE PARKING LOT.
AND THEN THIS IS IN NOVEMBER, UH, A CONTEXTUAL PHOTO OF THE PROPERTY THAT WE'RE AT THE MIA APARTMENTS.
AND THIS IS JUST SHOWING WHERE THE HOLES HAD FINALLY BEEN COMPLETED AND FILLED BACK IN NEAR THE LEASING OFFICE.
AND THE TRENCH WAS FILLED IN WITH DIRT AT THIS TIME.
AND THIS THE OTHER SIDE OF THE SAME TRENCH AND THEN SHOWING THAT THE, UH, CLEAN OUT WAS FINALLY CLEANED UP AND DRY AND THERE WAS NO MORE, UH, SUM PUMPS PUMPING THE SEWAGE TO THE OTHER LINE AT THAT TIME.
UH, CURRENTLY THERE ARE TWO ACTIVE PLUMBING PERMITS TO MAKE REPAIRS TO THE PLUMBING STIC SYSTEM.
HOWEVER, THERE HAS BEEN NO FINAL INSPECTION MADE ON THE PROPERTY.
UH, FOR THE BALANCE OF OUR TIME, I'D LIKE TO INTRODUCE BRIAN MAYNARD WITH AUSTIN WATERSHED DEPARTMENT, UH, WHO'S HERE TO PROVIDE ADDITIONAL TESTIMONY.
EVENING COMMISSIONERS NAME IS BRIAN MAYNARD.
I'M AN ENVIRONMENTAL COMPLIANCE SPECIALIST SENIOR WITH THE AUSTIN WATERSHED PROTECTION DEPARTMENT.
I HAVE RESPONDED TO, TO MANY OF THE, UH, POLLUTANT DISCHARGES FROM THIS PROPERTY.
THANK YOU FOR THE OPPORTUNITY FOR TO PROVIDE TESTIMONY ON OUR PROBLEMS THAT THE WATERSHED PROTECTION HAS ENCOUNTERED AT THE MIA RIVERSIDE APARTMENT COMPLEX.
UNDER THE PROPERTY'S CURRENT OWNERSHIP BY MIA RIVERSIDE LIMITED PARTNERSHIP AND THE PAST YEAR AND A HALF, AUSTIN WATERSHED PROTECTION HAS DOCUMENTED 13 PRIVATE
[01:00:01]
SEWAGE DISCHARGE VIOLATIONS.THESE ARE VIOLATIONS TO THE CITY OF AUSTIN WATER QUALITY CODE CHAPTER SIX DASH FIVE, WHICH PROHIBITS THE DISCHARGE OF WASTE SUCH AS SEWAGE, SEWAGE DISCHARGES, ALSO VIOLATE THE TEXAS WATER CODE.
HERE'S SOME PHOTOGRAPHS THAT DEMONSTRATE THE TYPES OF SEWAGE DISCHARGE PROBLEMS THAT ARE HAPPENING.
CAN WE PUT UP THE WATERSHED EXHIBIT? OH YEAH.
THE SEWAGE DISCHARGES HAVE OCCURRED FROM SEVERAL IN DIFFERENT LOCATIONS ON THE PROPERTY.
THE OWNER TOLD US THAT THEIR WASTEWATER SYSTEM HAS NUMEROUS PROBLEMS AND ARE DIFFICULT TO FULLY REMEDY.
AS YOU, AS YOU CAN SEE IN THIS PHOTOGRAPH, THE SEWAGE IS DISCHARGED FROM THE PRIVATE CLEAN OUT PIPE, UM,
AS YOU CAN SEE IN THAT, IN THAT ONE PHOTO OVER ON THE RIGHT, UH, THERE WAS, UH, CHILDREN TO PLAY EQUIPMENT.
SO, YOU KNOW, ADULTS AND CHILDREN ARE EXPOSED TO, TO SEWAGE.
THIS PHOTOGRAPH, IF YOU COULD SEE THE SEWAGE AND INTERPRATE STORM DRAINS THAT ARE DIRECTLY CONNECTED TO THE CITY'S STORMWATER SEWER SYSTEM.
ALSO, SEWAGE IS FLOWING OFF THE PROPERTY ALONG CITY STREETS AND SIDEWALKS AND INTO THE CITY'S STORMWATER SYSTEM THAT IS DIRECTLY CONNECTED TO LADY BIRD LAKE AND THE COLORADO RIVER.
UH, IF YOU CAN GO BACK, THERE'S THE MAP.
SO I CAN SEE WHERE IN THE PURPLE WHERE THEIA RIVERSIDE PROPERTY IS, IT BASICALLY, UH, FLOWS, YOU KNOW, DIRECTLY, UH, INTO, UH, LADY BIRD LAKE THROUGH, UH, CITY OF AUSTIN STORMWATER SYSTEM.
UM, AND THROUGH THE CON CONFLUENCES OF THAT, THAT SYSTEM AND INTO LADY BIRD LAKE.
DURING EACH INVESTIGATION, WE CO WE COORDINATED OUR, WITH OUR PARTNERS IN THE AUSTIN WATER TO VERIFY THAT SEWAGE POLLUTANT WAS IN FACT A RESULT OF DEFECTS IN A PRIVATE WASTEWATER SYSTEM AND NOT THE PROBLEM OF THE CITY'S SANITARY SEWER SYSTEM.
WE HAVE FILED 10 CRIMINAL CHARGES IN THE AUSTIN MUNICIPAL COURT FOR THE DISCHARGE OF POLLUTANT, WHICH IS A CLASS C MISDEMEANOR.
SIX CASES HAVE ALREADY RECEIVED CONVICTIONS AND FOUR OTHERS ARE PENDING OUTCOME.
WHILE CURRENTLY IN A LEGAL PROCESS, DESPITE OUR LEGAL ENFORCEMENT, WE HAVE NOT BEEN SUCCESSFUL IN GAINING LONG-TERM COMPLIANCE AT THE PROPERTY.
AND THE PROBLEMS PERSIST BEYOND THE FACT THAT THE DISCHARGE DISCHARGING SEWAGE INTO THE ENVIRONMENT IS ILLEGAL IS A PROBLEM BECAUSE SEWAGE CONTAINS PATHOGENS LIKE BACTERIA, VIRUSES, PARASITES, AND FUNGUS THAT CAN TRANSMIT DISEASE.
HUMANS CAN BE EXPOSED TO THESE DANGEROUS PATHOGENS WHEN COMING INTO CONTACT WITH THE SEWAGE, SUCH AS RESIDENTS WALKING THROUGH THE PARKING LOT AT THE MEIA APARTMENT COMPLEX, CHILDREN PLAYING OUTSIDE OR PEOPLE RECREATING DOWNSTREAM WATERWAYS SUCH AS SWIMMING, WADING, AND KAYAKING.
SEWAGE CONTAINS EXTREMELY HIGH CONCENTRATIONS
[01:05:01]
OF NUTRIENTS WHEN SEWAGE ENTERS A WATERWAY.IT CAN RESULT IN THE RAPID GROWTH OF AQUATIC ALGAE AND DE AND DEGRADE THE WATER BY CAUSING HARMFUL BLUE-GREEN ALGAE FISH KILLS AND ISSUES IN THE PUBLIC DRINKING WATER SYSTEM WATER SUPPLY.
PLEASE LEMME KNOW IF YOU HAVE 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 NUISANCE AND IS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M.
UM, AS WELL AS THE, UM, WATERSHED EXHIBIT 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, UH, OR OBTAIN AND COMPLETE A COMPREHENSIVE EVALUATION OF THE PRIVATE WASTEWATER SYSTEM WITHIN 30 DAYS, WHICH WILL INCLUDE DATA RECORDED ON VIDEO CREATION OF LAYOUT, SCHEMATICS OF THE WASTEWATER SYSTEM REPAIRED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS AND SUBMITTED TO THE COMMISSION'S COORDINATOR, AND PROVIDE A WRITTEN SCHEDULE TO ADDRESS THE SPECIFIC WASTEWATER SYSTEM REPAIRS IDENTIFIED DURING THE WASTEWATER SYSTEM INSPECTION.
B, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
C CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
D REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED AS 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 THAT THE CITY CONCLUDES ITS PRESENTATION.
NO ONE IN HERE PHYSICALLY, BUT THERE ARE THREE PEOPLE ONLINE, UH, TO SPEAK BY PHONE.
UH, MR. GUPTA, MR. WITKOWSKI AND MR. HENDERSON, ARE YOU ALL THREE THERE MR. GUPTA? Y YES, I'M HERE.
MR. WITKOWSKI, MR. HENDERSON, MR. GUPTA, YOU MAY PRESENT, UH, PROCEED WITH YOUR PRESENTATION.
HE, THE OTHER GENTLEMAN ON THE CALL MAY HAVE MORE SPECIFIC INFORMATION ABOUT WHAT'S BEING DONE TO ADDRESS.
WHO WOULD THAT BE AND WHO WOULD THAT BE? I'M, UH, ASSUMING THE TWO GENTLEMEN THAT ARE ON THE CALL FOR THIS, MR. BAKOWSKI.
YOU MAY PROCEED WITH YOUR PRESENTATION.
WERE YOU SWORN IN EARLIER? THANK YOU.
STAR SIX TO UNMUTE MAINLY THE SEWAGE PROBLEM.
ARE YOU MR. WAKOWSKI? AM I ON EMAIL? IT KEEPS TALKING TO HIM.
WITKOWSKI HAD CONNECTION PROBLEMS EVEN THOUGH HE'S NOT ON THE PHONE.
MR. HENDERSON, WERE YOU HERE EARLIER WHEN PEOPLE WERE SWORN IN? YES, I WAS.
UH, YES, MY NAME'S CHRIS HENDERSON.
UM, I'M, I MOVED TO THE PROPERTY BACK IN FULL TIME BACK IN SEPTEMBER.
UM, MAINLY TO TAKE CARE OF ALL THE CODE VIOLATIONS FOR ROP AND ALSO TO TAKE CARE OF THE SEWAGE PROBLEM.
WE CURRENTLY HAVE BEEN WORKING WITH, UM, CLARK CAMP PLUMBING, A LOCAL PLUMBER IN THE AREA.
THEY HAVE, UH, CURRENTLY REPLACED ROUGHLY 120 FEET OF SEWER LINE BY BESIDE THE OFFICE IN BETWEEN BUILDINGS, B EIGHT, B NINE, AND UNDER BUILDING B EIGHT.
UM, ALSO ROUGHLY OVER THE SUMMER LAST YEAR OR EARLY SUMMER, WE HAD MORE, UM, SEWER PROBLEMS WE TOOK CARE OF.
AND I I HEARD EARLIER THAT YOU SAID THE PERMITS HAVEN'T BEEN FINALIZED.
I, I, I'M GONNA HAVE TO CHECK IN WITH CLARK KENT WITH THAT BECAUSE THEY WERE IN CHARGE OF PULLING PERMITS AND TAKING CARE OF ALL THAT.
BUT GOING BACK NOW, I THINK THREE MONTHS, WE
[01:10:01]
HAVE CURRENTLY FIXED THE MAJOR ISSUES ON THE PROPERTY AND COVERED THEM UP CONCRETE.WE STILL GOT ONE MORE SMALL PATCH TO PUT BACK WITH ASPHALT, BUT THEY'VE BEEN BACKFILLED AND IN THREE MONTHS WE HAVE NOT HAD A SINGLE SEWAGE BILL ON THE PROPERTY.
AND I'M SURE OFFICER EVANS CAN CONTEST TO THAT.
I'VE BEEN WORKING VERY CLOSELY WITH HIM, WITH ALL COMPLAINTS TAKING CARE OF HIM AS HE, AS THEY COME UP.
UM, WE'RE REALLY TRYING TO TURN THAT PROPERTY AROUND AS FAR AS TAKING CARE OF THE SEWAGE ON TIME AND PROPER.
THAT'S, THAT CONCLUDES MY TESTIMONY OF THE PROPERTY.
SO IF I UNDERSTAND YOU'RE THE CONTRACTOR? UH, NO, I'M, I'M, I'M A MANAGER, UH, AREA MANAGER FOR MAINTENANCE AND RENOVATIONS AND PROJECTS.
ALRIGHT, COMMISSIONERS, IF THERE'S ANY OBJECTION, I ADMIT THE EXHIBITS ONE, TWO A THROUGH TWO M AND THE WATERSHED EXHIBIT THREE, HEARING NO OBJECTION.
UH, ARE THERE QUESTIONS? UH, MR. HENDERSON, PLEASE STAY ON THE LINE WITH US.
ARE THERE QUESTIONS, COMMISSIONERS FOR STAFF OR THE OWNER'S REPRESENTATIVE IF, IF I MAY, MR. MASQUE? MR. HENDERSON, THE, THE ORDER THAT'S BEEN RECOMMENDED BY STAFF IS THAT WE HAVE A COMPREHENSIVE, OR YOU PROVIDE A COMPREHENSIVE STUDY OF THE WASTEWATER COLLECTION SYSTEM FOR THE APARTMENT COMPLEX.
ARE YOU PREPARED TO DO THAT OR ARE YOU OBJECTING TO THAT RECOMMENDATION? NO, SIR.
I'M, I'M NOT, I'M NOT OBJECTING TO DO THAT, BUT AS WE, AS WE HAD CLARK I'M ACTUALLY WORKING WITH CLARK KENT TO GET THAT THEY GOING, THEY'VE ALREADY QUOTED US TO HAVE IT DONE PER BUILDING, SO I HAVE A QUOTE AND A, AND A ESTIMATE TO HAVE IT DONE.
UM, BUT AS WE STARTED CAMERAING THINGS, THEY, THEY FOUND THOSE ISSUES BY THE OFFICE, BY BUILDINGS VA AND FOR THE PAST FEW MONTHS THEY HAVE, THEY HAVE BEEN DILIGENT WORKING ON THOSE TO GET THOSE COMPLETED.
SO I'M, THEY, THEY HAVE COMPLETED THEM NOW.
SO I'M, I'M TRYING TO GET 'EM BACK OUT HERE BEFORE THE END OF THE YEAR OR 1ST OF JANUARY TO HAVE THEM CAMERA, THE WHOLE PROPERTY AND FIX THINGS THAT THEY FIND ON US.
LIKE WE'RE NOT DENYING DOING THAT.
WE JUST, UM, WE'RE JUST FIXING ISSUES AS THEY'RE COMING UP.
AND WE'VE, WE'VE UNCOVERED QUITE A FEW LARGE ISSUES.
I BELIEVE THAT AS OF TODAY WE HAVE PERSONALLY SPENT PROBABLY ROUGHLY 60 GRAND JUST IN PLUMBING WORK AROUND THE OFFICE AND VA AND B NINE WHERE THE MAJOR PROBLEMS WAS.
LET ME, LET ME REPEAT MY QUESTION.
THE ORDER RECOMMENDED ORDER FROM STAFF IS THAT YOU HAVE A COMPREHENSIVE STUDY CONDUCTED AND IT'S TO BE AS OF THE MOMENT NO TO BE BY A LICENSED ENGINEER OF THE STATE OF TEXAS.
ARE YOU PREPARED TO DO THAT? WE DON'T HAVE IT YET.
BUT ARE ARE YOU PREPARED TO DO THAT? A HUNDRED PERCENT, YES, SIR.
UH, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? I MOVE TO CLOSE THE PUBLIC HEARING.
IS THERE A SECOND? I'LL SECOND.
I HAVE TO REMEMBER THERE'S A LAG THERE.
ALRIGHT, COMMISSIONERS, IS THERE A MOTION? YES.
UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
IS THERE A SECOND? I'LL SECOND.
WE HAVE A MOTION AND A SECOND.
ANYONE TO SPEAK AGAINST THE MOTION HEARING? NO DISCUSSION IS WE'LL DO A VOTE AND WE'LL DO ROLL CALL.
ARE WE READY TO MOVE BACK TO I BELIEVE SO.
CAN UH, ITEM SIX, COMMISSIONER TOM LOVICH.
[01:15:01]
YOU ABLE TO FIND THE, UM, THE, UH, OKAY, COOL.I NEED A MOTION TO UNT I MOVE TO TAKE UP CASE
[6. Case Number: CV 2024-010522 (Part 3 of 3)]
SIX.AND THE SECOND WE DO A VOICE VOTE.
WE HAD HEARD, WE DEALT WITH THE ISSUE OF THE CONTINGENCY AND WE WERE BACK ON THE ISSUE OF WHETHER THE NOTICE IS PROPERLY SERVED.
ALL THE OWNER'S INFORMATION HAS BEEN GIVEN TO ALL THE COMMISSIONERS.
SO I BELIEVE STAFF WILL NEED TO CIRCULATE THE MATERIALS THAT MR. SER HAD, PUT THAT UP ON AVAILABLE.
THE PHOTOGRAPHS, UH, SORRY, I'M SO
NO, IT THERE, IT'S JUST ON THE APPEAL.
UH, IT, THERE IS NO REC, IT'S WHETHER WE VOTE TO DENY OR UPHOLD THE APPEAL.
SO WE NEED A MOTION TO UPHOLD THE, SO NOTICE OF VIOLATION.
SO THE MOTION WILL EITHER BE TO GRANT THE APPEAL, TO DENY THE APPEAL OR, OR TO DENY THE APPEAL.
THE QUESTION WAS DID WE NEED TO ADD THE ADDITIONAL OWNER'S EXHIBIT THE TENANT'S EXHIBIT TO THAT.
IF, IF THE TENANT'S EXHIBIT HAS NOT BEEN, UH, ADMITTED, WE'LL NEED TO ADMIT THAT.
THEN WE'LL ADMIT THE TENANT'S ADDITIONAL INFORMATION AS AN 10 EXHIBIT.
ANY OBJECTION TO THAT BY COMMISSIONERS HEARING ON THE TENANT'S EXHIBIT? OH, HOLD ON.
I DON'T THINK EVERYBODY'S, I DON'T THINK IT'S MADE ITS WAY QUITE YET TO EVERYONE GET IN FRONT OF THE HORSE.
UM, AND ALSO JUST A, A FRIENDLY REMINDER TO COMMISSIONERS, IF YOU ALL HAVE ANY QUESTIONS, IF YOU WOULD PLEASE, UM, MAKE SURE TO TURN ON YOUR MICROPHONE, BECAUSE THIS IS A PUBLIC HEARING AND WE DO WANNA MAKE SURE THAT OUR, OUR PUBLIC CAN HEAR MM-HMM
WHATEVER QUESTIONS ARE BEING ASKED.
AM I GONNA BE GIVEN A CHANCE TO EXPLAIN WHAT THOSE EXHIBITS ARE? YES, SIR.
[01:20:01]
REITERATE THAT I'VE BEEN ON THE PROPERTY FOR EIGHT AND A HALF YEARS AND WORKED WITH CODE ENFORCEMENT FOR EIGHT AND A HALF YEARS, AND I'M LEAVING ON MARCH 1ST BY AGREEMENT, A COURT ORDER.THE, UM, ONE OF THE EXHIBITS IS THE COURT ORDER THAT WE, UH, A SETTLEMENT AGREEMENT TO LEAVE THE PROPERTY ON MARCH 1ST, WHICH IS JUST A COUPLE MONTHS AWAY.
SO, UH, THAT'S, THAT'S, UH, AN AGREEMENT NOT JUST FROM ME, BUT FROM THE, UH, LANDLORD AND FROM THE JUDGE, JUDGE WONG AT THE, UH, COUNTY COURT.
SO THAT'S YOUR EXHIBIT, UH, THAT, THAT SHOWS THE SETTLEMENT AGREEMENT FOR MARCH 1ST.
AND THEN, UM, THE OTHER EXHIBITS ARE JUST THAT YOU HAVE TO UNDERSTAND THIS IS NOT A NORMAL NEIGHBORHOOD IN AUSTIN.
IT'S ONE OF THE HIGHEST CRIME AREAS IN AUSTIN.
THAT'S FROM THAT, UH, THAT'S EXHIBIT, UM, UH, THERE'S AN EXHIBIT THAT SAYS THAT, THAT'S, GOOGLE SAYS THAT'S EXACTLY RIGHT.
THAT, UH, GEORGIAN ACRES, WHICH IS RIGHT WHERE I AM, IS A HIGH CRIME NEIGHBORHOOD.
IT'S PERFECT FOR WHAT I'M DOING.
I RECYCLE, IT'S A RECYCLING, A GREEN RECYCLING BUSINESS.
I BRING APPLIANCES BACK TO LIFE.
I'VE NOT JUST ACCUMULATED APPLIANCES, UH, TO, BECAUSE I'M A MANIAC AND I ACCUMULATE APPLIANCES.
AND IF YOU'VE EVER HAD A PART THAT YOU HAVE TO BUY FOR AN APPLIANCE, IT'S THREE, FOUR, $500.
YOU DON'T, YOU DON'T REPAIR THAT APPLIANCE.
SO I BRING APPLIANCES BACK TO LIFE, AND THEN I SELL THEM TO PEOPLE WHO CAN'T AFFORD TO BUY APPLIANCES AT HOME DEPOT AND LOWE'S.
LIKE, YOU GUYS CAN, YOU CAN AFFORD IT.
SO I SELL TO THE LOWER INCOME PEOPLE.
IT'S AN, IT'S A RECYCLING BUSINESS.
IT SHOULDN'T BE DESTROYED, BUT I'VE AGREED TO LEAVE ON MARCH 1ST.
IF I DON'T LEAVE, IF I DON'T LEAVE, I WILL BE DESTROYED, UH, BECAUSE I'VE AGREED IN THAT SETTLEMENT AGREEMENT THAT THEY WILL JUST COMPLETELY WIPE ME OUT.
SO I DON'T SEE, I, I'M, I'M, UH, APPEALING TO THE COMMISSION NOT TO TAKE ANY ACTIONS.
UH, WE'LL NOW ADMIT THE ADDITIONAL EXHIBITS SINCE EVERYONE'S HAD A CHANCE TO SEE THOSE.
EVERYONE SEES BY HEAD NODDING THAT THEY'VE SEEN THOSE.
SO IS THERE ANY OBJECTION, HEARING NONE ADDITIONAL EXHIBITS ARE ADDED.
UH, IS THERE A MOTION
AND SECOND, ANY ADDITIONAL QUESTIONS OR CONVERSATION? HEARING NONE WILL VOTE ON THE MOTION TO DENY.
COMMISSIONER UPHOLDS THE DENIAL OF THE APPEAL? YEAH.
OR I BELIEVE IT WOULD JUST BE YOU'VE DENIED THE APPEAL.
[3.Case Number: CL 2025-122786 ]
TWO ITEM THREE.UH, JUST AS A, UM, AS FOR CLARIFICATION, UH, WE WILL MAIL A NOTICE OF DENIAL WITHIN 10 DAYS.
UH, SO SINCE THIS IS AN APPEAL THAT, UH, AN ORDER DOESN'T COME OUT OF THE HEARING.
AND IF THE APPEAL WAS GRANTED, THEN, YOU KNOW, HE WOULD JUST GET HIS, YOU KNOW, THE, THE, THE NOTICE OF VIOLATION WOULD JUST GO AWAY.
SO UNLIKE THE OTHERS, IT IT'S NOT WITHIN 30 DAYS, WITHIN 10 DAYS.
WELL, WE'LL MAIL IT WITHIN 10 DAYS.
[01:25:03]
ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 2 0 2 5 DASH 22 7 86, AND IS REGARDING A PROPERTY LOCATED AT 1 1 1 15 BASTROP HIGHWAY SERVICE ROAD STAFF EXHIBITS CAN BE FOUND IN THE BRONZE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN NOVEMBER, 2022 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED RELATED TO THE CITED VI VIOLATIONS.
THE COMMERCIAL STRUCTURE IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE DEMOLITION IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING, AND THE REQUIRED POSTINGS, A FIRE INCIDENT REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INVESTIGATOR ADAMS, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS WILLIS ADAMS. I'M A CO INVESTIGATOR WITH THE CITY OF AUSTIN DEVELOPMENT SERVICES, THE DEPARTMENT ASSIGNED TO THIS CASE.
UH, THE PROPERTY WAS CALLED IN ON NOVEMBER 9TH, UM, 2022.
UH, EARLY MORNING FIRE OCCURRED AT THIS TWO STORY STRUCTURE, COMMERCIAL STRUCTURE, UH, AUSTIN FIRE DEPARTMENT RESPONDED.
UM, THE FIRE WAS, UH, WAS IN THE REAR AREA RIGHT AREA OF THE STRUCTURE.
THEY IDENTIFIED THAT AS A CHARLIE DELTA AREA.
UH, THERE'S EXTENSION, EXTENSIVE DAMAGE TO THE INTERIOR, UM, DROP GRID CEILING TILES, UH, EXPOSED WIRING, UH, FRONT OFFICE AND STORAGE AREA, AS WELL AS EXTENSIVE ROOF DAMAGE.
UM, AS JAMES MENTIONED, UH, TRAVIS COUNTY APPRAISAL DISTRICT RECORDS INDICATE PROPERTY OWNERS AT 1115 BASTROP HIGHWAY ARE BOUND.
THE INITIAL INSPECTOR ON SITE FOR OUR DEPARTMENT WAS MR. JOHN BAEZ.
UH, HE MADE THE INITIAL INSPECTION THAT MORNING, IDENTIFIED SOME ISSUES WITH THE EXTERIOR WALLS, INTERIOR WALLS, ROOFING, AND, AND IDENTIFIED IT AS UNSAFE STRUCTURE.
AFTER NUMEROUS FOLLOW-UP INSPECTIONS BY INSPECTOR BAEZ, THE CASE WAS TRANSFER TO INSPECTOR COURTNEY BRITT, WHO ALSO CONTINUED FOLLOW-UP INSPECTIONS UNTIL 2024.
WHEN I TOOK RESPONSIBILITY OF THE CASE IN JULY OF THAT YEAR, I OBSERVED THE SIMILAR ISSUES FOR THE EXTERIOR STRUCTURE.
UH, WAS UNABLE TO SEE THE INTERIOR STRUCTURE, BUT I DID NOTICE THIS ON THE OUTSIDE.
ALL THE ELECTRICAL POWER HAD BEEN REMOVED, ALL THE METERS DURING MY INSPECTIONS THERE, I OBSERVED NO RENOVATIONS, NO PERMITS, UH, WERE APPLIED FOR BY THE CURRENT OWNER, WHICH WAS A NEW OWNER CAME IN PLACE IN APRIL OF 2025.
I DID HAVE CONTACT WITH THE NEW OWNER IN MAY OF THIS YEAR, AND HE ADVISED THAT HE WAS GOING TO PROBABLY DEMOED THE BUILDING.
OF COURSE, SINCE THAT TIME, THERE'S BEEN NO PERMITS, UH, APPLIED FOR, FOR DEMOLITION OF THE STRUCTURE.
UM, I SENT A NEW NOTICE OF VIOLATION IN AUGUST OF 25 INDICATING THE SEVERITY OF THE STRUCTURE ON THE EXTERIOR WALLS, TRASH AND DEBRIS AND, UH, SERIOUS ROOF DAMAGE.
AT THIS TIME, I'LL PRESENT THE PHOTOGRAPHIC EVIDENCE OF THE CONDITIONS OF THE PROPERTY.
TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE PROPERTY.
THIS USED TO BE CALLED THE TEXAS MISS BAR.
UM, IT IS NOW IDENTIFIED AS THE PANTHEON, BUT IT HAS BEEN VACANT FOR A NUMBER OF YEARS.
UM, YOU CAN SEE THERE'S GRAFFITI ON THE OUTSIDE.
IT'S KIND OF A STEEL, UH, CLAD BUILDING.
UM, THE PARKING LOT IS IN FRONT OF THE STRUCTURE AND THE STRUCTURE.
YOU CANNOT ACTUALLY ENTER THE PARKING LOT AS THE OWNER HAS PLACED LARGE, UH, SOLID BOULDERS AROUND THE KEEPER FROM GETTING ON.
AND THIS IS A MUCH CLOSER PICTURE.
AS YOU CAN SEE, THE FRONT ENTRY, THE DOORS ARE, ARE SECURE.
YOU CANNOT ENTER THE PROPERTY PEOPLE HAVE BEEN GETTING ON THE PROPERTY IN TERMS OF DOING GRAFFITI.
THERE HAS BEEN SOME HOMELESS ACTIVITY ON SITE AS WELL TO SEE.
PLEASE, AGAIN, THIS IS A CONTEXTUAL PHOTOGRAPH.
ALL THE PHOTOGRAPHS WILL BE CONTEXTUAL BECAUSE AGAIN, IT'S VERY DIFFICULT TO GET ON THE PROPERTY.
UH, THE PROPERTY IS FENCED IN THE REAR WHERE THERE ARE TWO ADDITIONAL COMMERCIAL PROPERTIES AS WELL.
THAT'S ALL PART OF THAT ONE SITE.
AS YOU CAN SEE, YOU CAN ALMOST PRACTICALLY SEE THROUGH THE ROOFING TO THE OTHER SIDE OF, UH, YOU SEE BLUE SKY THROUGH THE ROOFING.
[01:30:02]
UH, THIS IS SHOWING THE RIGHT SIDE.AGAIN, AS YOU CAN SEE, SE SERIOUS DAMAGE TO THE ROOFING.
IN FACT, SOME OF METAL PANELS ARE ACTUALLY LOOSE ON THAT, ON THAT ROOF AS WELL.
TWO E, THIS IS THE SOUTH END OF THE PROPERTY.
UH, AGAIN, YOU CAN SEE AGAIN SERIOUS GRAFFITI ROOF ISSUES.
THAT SHOWS SOME TRASH AND DEBRIS, I BELIEVE ON THAT SOUTH END AS WELL.
ACTUALLY, THIS SLIDE SHOWS THE ELECTRIC PANEL IN THE FRONT.
THERE'S THREE METERS FOR THAT PROPERTY FOR EACH BUILDING.
ALL THE METERS HAVE BEEN REMOVED.
AND THIS IS THE RIGHT END OR THE RIGHT SIDE OF THE BUILDING.
AGAIN, THERE IS A PILE OF DEBRIS AND RUBBLE THERE.
THE OWNER HAS CURRENTLY BEEN VERY GOOD AT REMOVING THE TRASH AND DEBRIS THAT'S DUMPED THERE QUITE OFTEN.
UH, BUT THERE IS A LITTLE PILE THERE OF RUBBLE STILL THERE.
AT ONE TIME, THERE WAS AN OFFICE THERE.
THAT OFFICE ACTUALLY WAS REMOVED.
IT WAS BROKEN INTO BY HOMELESS, UH, SOME HOMELESS ACTIVITY BACK IN MAY OF THIS YEAR.
HE CAME OUT, HE BORE IT UP THE DOOR AND DECIDED JUST TO REMOVE THE MOBILE, MOBILE UNIT ALTOGETHER.
WHO I, THIS IS THE ONLY ENTRYWAY TO THE REAR OF THE PROPERTY THAT GATE, UH, TO THE BACK.
BUT THERE ARE TWO STRUCTURES IN THE REAR.
THEY WERE NOT PART OF THE FIRE DAMAGE THAT OCCURRED, UH, IN NOVEMBER OF 2022.
AND THAT'S THE, THE SIGNAGE FOR THE PROPERTY, IDENTIFYING THE PROPERTY'S 1115 BASTROP HIGHWAY.
AND THIS CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE FIRE DAMAGED COMMERCIAL STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM CITY, UM, FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH UH, ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE DAMAGED COMMERCIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE UN 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
WE'LL ADMIT EXHIBITS ONE AND TWO A THROUGH TWO JI SHOW NO ONE IS HERE TO SPEAK ON THIS AGENDA ITEM.
YOU CONCUR? I DON'T BELIEVE SO.
ALRIGHT, COMMISSIONERS, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
ANY QUESTIONS? UH, JUST ONE IF I MAY.
THE, THE STAFF RECOMMENDATION SPEAKS TO A FIRE DAMAGED BUILDING.
HAS THIS BUILDING BEEN FIRE DAMAGED? YEAH.
THE FIRE OCCURRED ON NOVEMBER 9TH, 2022.
SO IT'S RAINED ENOUGH WHERE YOU CAN'T EVEN TELL IT WAS FIRE DAMAGED.
IN FACT, THE FIRE WAS IN THE REAR PORTION OF THE STRUCTURE.
UM, HAVEN'T BEEN ABLE TO GET ANY, UH, ENTRY TO THE REAR TO EVEN SEE IF THERE'S ANY, BEEN ANY REPAIRS.
BUT, UH, JUST FOR LOOKING AT THE FRONT, IT DOESN'T LOOK LIKE THEY'VE TAKEN CARE OF IT AT ALL.
AND I'VE ACTUALLY SPOKE TO TWO INDIVIDUALS, UM, ON THAT OWN THE PROPERTY AND THEY MENTIONED TO ME THAT THEY WERE GONNA GET A DEMO PERMIT AND THAT WAS BACK IN AUGUST AND THEY HAVEN'T APPLIED FOR ANYTHING SINCE THEN.
I JUST, JUST DON'T WANT TO IN INVITE AN APPEAL WHERE WE
[01:35:01]
SPEAK TO JUST A FIRE DAMAGED BUILDING AND WE'RE ASKING FOR, WE'RE DIRECTING DEMOLITION OF THE FIRE DAMAGED BUILDING.CAN WE JUST SAY DAMAGED BUILDING? THERE WERE, UM, TWO OTHER BUILDINGS ON THE MAP THAT WE COULDN'T EVEN SEE IN THE PHOTOGRAPHS OR FROM THE VANTAGE POINT.
AND SO WE WANTED TO, UH, BE CLEAR THAT WE WERE TALKING ABOUT THE BUILDING AND THE PHOTOGRAPHS AND NOT THE OTHER ONE.
WE DON'T WANT TO DEMO THE OTHER BUILDINGS ON THE PROPERTY.
AND THEY WERE, WHEN AUSTIN ENERGY CAME OUT ON THE DAY OF THE FIRE, THEY REMOVED THE METERS FOR ALL THREE BUILDINGS.
THERE WAS NO POWER OF ANY BUILDING.
UM, THE BUILDING WAS, THE TWO BUILDINGS IN THE BACK WERE, ARE CONSIDERED WAREHOUSES.
THE ONE IN THE, THE ONE IN THE FRONT, THE MAIN STRUCTURE WAS CONSIDERED A NIGHTCLUB.
UH, IT'S ABOUT 8,000 SQUARE FEET AND THE OTHER TWO BUILDINGS COMBINED ARE ONLY 3000 SQUARE FEET.
SO THIS IS THE MUCH LARGER STRUCTURE.
QUESTION, ADDITIONAL QUESTIONS? YES.
UM, MR. RA, I JUST WANNA CONFIRM, I THINK I HEARD YOU SAY THAT THERE'S A NEW OWNER THAT INTENDS TO DEMOLISH THE NEW OWNER TOOK, UH, TOOK OWNERSHIP IN APRIL OF THIS YEAR.
I SPOKE TO HIM IN MAY AND HIS INTENTIONS AT THAT TIME, HE SAID WAS TO DEMO THE PROPERTY.
I HAVEN'T SPOKEN WITH HIM SINCE THEN.
I DID SPEAK WITH ONE OF HIS REPRESENTATIVES IN AUGUST AND SHE INDICATED THAT THEY WERE STILL PURSUING THAT, BUT THEY HAVE NOT APPLIED TO OUR DEPARTMENT FOR ANY, UH, PERMIT.
COMMISSIONER GARZA, THAT ADDRESS OR THE ONE THAT WE'RE SPEAKING ABOUT INCLUDES THE OTHER TWO BUILDINGS OR IS IT JUST A DIFFERENT ADDRESS? NO, IT, IT INCLUDES THE OTHER TWO BUILDINGS ON THE FIRE INCIDENT REPORT, UH, THAT WAS, UH, PROVIDED IN THE CASE.
IT ACTUALLY SHOWS THE ADDRESS OF 1111.
THAT'S ACTUALLY A, THE BUILDING NEXT DOOR, WHICH IS, UH, I BELIEVE IT'S SOUTH SIDE TOWING.
THE ACTUAL ADDRESS IS 1115, UH, BASTROP.
AND THOSE AREAS ARE FENCED IN.
I'M SORRY? THOSE AREAS ARE FENCED IN AS WELL.
THE, THE, THE OTHER PROPERTY? YEAH, THE OTHER TWO PROPERTIES IN THE REAR ARE FENCED IN.
OTHER QUESTIONS? COMMISSIONERS, IS THERE A MOTION? OH, I NEED A MOTION TO CLOSE THE, WE CLOSE THE, CAN I ADD ONE MORE THING BEFORE YOU, YOU CLOSE IT.
UH, ADJACENT TO BOTH THOSE PROPERTIES, PROBABLY ABOUT, MAYBE 150 TO 200 YARDS AWAY IS A HUGE HOMELESS ENCAMPMENT, UH, NEARBY THAT PROPERTY.
SO THERE'S CONTINUAL MOVEMENT BACK AND FORTH FROM THE CAMP TO THAT PROPERTY AND BACK, AND THAT'S WHY THE OWNER PUT THE BOATERS OUT THERE TO KEEP VEHICLES FROM GETTING ON THE PROPERTY.
WE DID CLOSE THE PUBLIC HEARING, SO YES.
I, I REALIZE I GOT MYSELF A LITTLE BIT MIXED UP, OTHERWISE I WOULD'VE ASKED FOR A MOTION PRIOR TO FURTHER QUESTIONING, BUT YEAH, IT'S, IT, I THINK WE'LL BE OKAY.
BACK TO, IS THERE A MOTION ON THIS ITEM BEFORE? YES.
STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
ANY DISCUSSION FOR OR AGAINST THE MOTION? DO A ROLL CALL.
AND THE CHAIR, VICE-CHAIR VOTES.
WE ARE ON TO ITEM SIX, WHICH IS A RETURNING CASE.
[5. Case Number: CL 2025-071669, CL 2025-071621, CL 2025-068090, CL 2025 071660, CL 2025 071635, CL 2025 071712, CL 2025 071724, CL 2025-071729, CL 2025 071755, and CL 2025 071803]
I'M SORRY.ITEM NUMBER FIVE ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 2 6 0 6 WHEELIS LANE.
IT IS LOCALLY KNOWN AS VELO FLATS.
THE CASE NUMBER ARE AS FOLLOWS, CL 2025 DASH 0 7 16 69 IS REGARDING THE OFFICE CL 2025 DASH
[01:40:01]
7 16 21 IS REGARDING BUILDING ONE CL 20 25 0 6 89 IS REGARDING BUILDING TWO CL 2025 DASH OH 7 16 60 IS REGARDING BUILDING THREE CL 2025 DASH OH 7 16 35 IS REGARDING BUILDING FOUR CL 20 25 0 7 7 12 IS REGARDING BUILDING FIVE CL 2025 DASH OH 7 1 7 24 IS REGARDING BUILDING SIX CL 2025 DASH OH 7 1 7 29 IS REGARDING BUILDING SEVEN CL 2025 DASH OH 7 7 55 IS REGARDING BUILDING EIGHT AND CL 20 25 0 7 8 THREES REGARDING BUILDING NINE STAFF EXHIBITS CAN BE FOUND IN THE PLUM BOOKS IN YOUR READERS AND THE GOOGLE DRIVE FOLDER.HERE'S SOME FACTS ABOUT THE PROPERTY.
THIS UNOCCUPIED COMMERCIAL MULTIFAMILY PROPERTY CONSISTS OF AN OFFICE BUILDING IN NINE APARTMENT BUILDINGS.
THESE CASES WERE OPENED IN MARCH, 2025 AS A RESULT OF A FIRE AT THE PROPERTY ON FEBRUARY 28TH, 2025.
THE PROPERTY IS LOCATED LESS THAN A THOUSAND FEET FROM THE CLOSEST SCHOOL.
THERE'S A SITE PLAN FOR DEMOLITION IN REVIEW.
SP 2 0 2 5 3 3 1 REGARDING THE OFFICE IN BUILDINGS ONE AND THREE THROUGH NINE IN JULY, 2025.
THE COMMISSION ISSUED NINE SEPARATE ORDERS FOR REPAIR WITHIN 30 DAYS EACH WITH A PENALTY OF $1,000 PER DAY TO BEGIN TO ACCRUE ON THE 31ST DAY.
FOR REPAIRS WERE NOT COMPLETE AS OF TODAY'S DATE.
THE ACCRUED CIVIL PENALTY FOR EACH OF THE PRIOR ORDERS ON THE OFFICE AND BUILDINGS ONE IN THREE THROUGH NINE IS $100,000 EACH FOR EACH ORDER FOR A TOTAL OF $900,000.
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 ORDERS TO CHANGE THEM FROM REPAIR TO DEMOLITION AND KEEP THE CURRENT PENALTIES IN PLACE REGARDING BUILDING TWO.
THIS CASE HAS NOT BEEN HEARD BEFORE BY THE COMMISSION.
THIS BUILDING SUFFERED SIGNIFICANT FIRE DAMAGE.
WE ARE RECOMMENDING DEMOLITION FOR THIS BUILDING AS WELL IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU WILL FIND THE FOLLOWING PREVIOUSLY ADMITTED TO EXHIBITS ONE THROUGH 18 E AND ODD NUMBER EXHIBITS 19 THROUGH 37, WHICH CONTAIN THE COMPLAINT AND CASE HISTORIES.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, A MAP SHOWING PROXIMITY TO NEARBY SCHOOLS, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS, A FIRE INCIDENT REPORT, THE PRIOR ORDERS AND CORRESPONDING PENALTY STATEMENTS, AND EVEN NUMBERED EXHIBITS 20 THROUGH 38, WHICH CONSIST OF THE CITY'S PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS THE CITY'S RECOMMENDED ORDERS.
AUSTIN CODE INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATIONS TEAM.
THE AUSTIN DEVELOPMENT SERVICES, THE PROPERTY 26 0 6 WILLIS, ALSO KNOWN AS VELO FLATS BEING BROUGHT FORTH TONIGHT TO BE CONSIDERED FOR DEMO.
THIS IS AN ENTIRE APARTMENT COMPLEX CONSISTING OF NINE BUILDINGS IN AN OFFICE.
ALL BUILDINGS EXCEPT BUILDING TWO, HAVE ACTIVE BSE ORDERS FOR REPAIR.
THE OWNER HAS NOT HAD ANY COMMUNICATION WITH CODE.
THE PEOPLE EXPERIENCING HOMELESSNESS HAVE STARTED A POOL APART.
THE WALLS TO GET INTO THE BUILDINGS CAUSING THIS ENTIRE COMPLEX TO FALL INTO A MAJOR STATE OF DISREPAIR.
IT'S NOW CONSIDERED DANGEROUS.
OUR DIVISION HAS TRIED TO SECURE THE SITE WITH BOARDING ALL WINDOWS AND DOORS NUMEROUS TIMES IN FENCING THE PROPERTY.
THE CITY HAS ALSO DONE A MASSIVE CLEANUP OF ALL THE JUNK AND RUBBISH LEFT ON SITE.
PLEASE NOTE WE HAVE BEEN WORKING CL UH, CLOSELY WITH THE AUSTIN POLICE DEPARTMENT CONCERNING THE DETAILS OF THIS PROPERTY.
AND MAY I ALSO REMIND THE COMMISSION IN THE JULY MEETING THAT OFFICER HUSKINS PROVIDE TESTIMONY REGARDING HOW UNSAFE AND HAZARD THIS PROPERTY IS.
I WILL NOW TAKE YOU THROUGH THE PHOTOS 20 A THROUGH E, THE OFFICE BUILDING OF THE APARTMENT COMPLEX.
UH, PHOTO 20 A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE APARTMENT COMPLEX.
NEXT PHOTO, UH, 20 B SHOWS THE FENCING OF THE FRONT GATE AND THE ENTRANCE INTO THE APARTMENTS.
NEXT 20 C IS THE SIDE VIEW OF THE OFFICE.
YOU CAN SEE WHERE THE CITY HAS DONE THE BOARD AND SECURE AND THE WALLS THAT HAVE BEEN REMOVED TO TRY AND GAIN ENTRY.
20 D IS THE SIDE VIEW OF THE OFFICE.
20 E IS A CLOSEUP OF THE FACIA FALLING AND THE MISSING SIDING OF THE WALLS.
THIS ONE'S GONNA BE BUILDING ONE EXHIBIT 22 A.
YOU CAN SEE IT HAS BEEN BOARD AND SECURED, BUT IT KEEPS GETTING REMOVED.
22 B, THIS IS THE OTHER SIDE OF THE BUILDING ONE.
THERE ARE FOUNDATION PROBLEMS AND NO LIGHTS IN THE EXTERIOR OF THE BUILDING, WHICH WERE THE ORIGINAL CONCERNS OF THE BUILDING IN THE FIRST PLACE.
[01:45:01]
C.THIS IS A CLOSEUP OF THE UNSECURED DOORS ON THIS BUILDING.
THIS IS A CLOSEUP OF THE INTERIOR.
EVERY APARTMENT BUILDING LOOKS THIS WAY.
THEY'VE BEEN DESTROYED ON THE INSIDE.
MOSTLY ELECTRICAL AND PLUMBING IS MISSING AS WELL.
UM, THIS IS A, A CONTEXTUAL PHOTO OF BUILDING TWO.
IT SHOWS THE EXTENSIVE FIRE DAMAGE, THE ENTIRE SECOND STORY UNITS.
24 C IS A CLOSEUP VIEW OF THE SECOND STORY.
ALL THE STRUCTURAL STUDS AND WALLS ARE DESTROYED.
THIS IS THE OTHER SIDE OF THE BUILDING AND THE VIEW OF THE EXTENSIVE DAMAGE.
THIS IS A CONTEXTUAL PHOTO OF BUILDING THREE.
THIS IS THE FRONT OF BUILDING THREE.
IT WAS BORN AND SECURED, BUT THE PEOPLE EXPERIENCING HOMELESSNESS HAVE STARTED TO JUST TEAR OFF THE WALLS TO ENTER INTO THE STRUCTURES.
THIS IS THE BACKSIDE OF BUILDING TWO.
A BETTER PHOTO OF THEM TEARING OFF THE WALLS TO GET INTO THE STRUCTURES.
THIS IS A CONTEXTUAL PHOTO OF BUILDING FOUR.
THE BUILDING ON THE LEFT SIDE OF THE PHOTO.
IT'S A CLOSEUP VIEW OF BUILDING FOUR.
UM, AS YOU CAN TELL ON THE BOTTOM RIGHT HAND CORNER THERE, WE DID TRY TO BOARD AND SECURE THE WALLS THAT WERE TORN UP WHEN WE GOT IT DONE, BUT THEY'RE JUST RIPPING THOSE RIGHT OFF AS WELL.
THIS IS BUILDING FIVE CONTEXTUAL PHOTO OF THE BUILDING.
THIS BUILDING IS MISSING THE GUARDRAILS AND STAIRS AND HAS SEVERAL AREAS OF WALLS THAT HAVE BEEN REMOVED FOR ACCESS INTO THE BUILDING.
THIS BUILDING HAS THE SAME ISSUES AND HAS THE WA HAS HAD THE WALLS REMOVED FOR ENTRY AS WELL.
A CONTEXTUAL PHOTO OF THE BUILDING.
AS YOU CAN SEE, WE HAVE BOARD AND SECURED IT.
THIS IS BUILDING SEVEN CONTEXTUAL PHOTO.
THIS, UH, SHOWS THE FRONT OF THE BUILDING.
SEVEN, SAME EXACT ISSUE AS THE OTHER ONES.
GRAFFITI REMOVING THE BOARD AND SECURE HERE.
UH, THIS JUST SHOWS KIND OF A, UM, ONE OF THE VIOLATIONS OF THE STEPS GOING UP THERE.
IT'S MISSING A LOT OF THE CONCRETE.
THIS SHOWS, UM, BUILDING EIGHT.
THIS IS A CONTEXTUAL PHOTO OF BUILDING EIGHT.
UM, THE INTERIOR LOOKS THE EXACT SAME, MISSING A LOT OF WALLS, PLUMBING, ELECTRICAL, AND THEY KEEP REMOVING THE BOARD AND SECURE.
UH, THIS IS ONE OF THE WORST BUILDINGS I GUESS 'CAUSE IT'S HIDDEN IN THE BACK.
THIS IS THE ONE WE DO HAVE TO WORRY ABOUT HOMELESS GETTING INTO ALL THE TIME.
UM, AS FAR AS THE OTHER ONES, THEY'RE SECURE A LOT BETTER THAN THIS ONE IS.
THIS IS THE FRONT OF THE BUILDING NINE AND THE PLAYGROUND THAT WAS, THAT USED TO BE PLACED IN FRONT OF THIS BUILDING AND TRYING TO KEEP THE PROPERTY SECURE AND CLEAN.
THE CITY HAS SPENT UPWARDS OF ALMOST $15,000.
I WOULD LIKE THE COMMISSION TO CONSIDER TO ADOPT STACK RECOMMENDED ORDER FOR DEMO.
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 THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS 19 THROUGH 38 B CONSISTING OF ODD NUMBERED EXHIBITS 19 THROUGH 37, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EVEN NUMBERED EXHIBITS 20 THROUGH 38, MARKED AS 20 A THROUGH 20 E, 22 A THROUGH 20 2D, 24 A THROUGH 24 D, 26 A THROUGH 26 C, 28 A THROUGH 28 B 30 A 32 A THROUGH 32 B 34 A THROUGH 34 D, 36 A, AND 38 A THROUGH 38 B, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
STAFF REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ALL 10 CASES.
STAFF ALSO ASK THE COMMISSION TO ADOPT THE FOLLOWING ADDITIONAL FINDINGS OF FACT REGARDING THE OFFICE AND BUILDING, UH, AND BUILDINGS ONE AND THREE THROUGH NINE, FINDING FACT ON JULY 23RD, 2025.
THE COMMISSION ISSUED ITS CURRENT ORDERS FOR REPAIR, AKA JULY ORDERS T RV 2 2 5 0 8 5 5 81.
REGARDING THE OFFICE CASE NUMBER CL 2025 DASH OH 7 1 6 69 TR 2 2 5 0 8 5 5 82 REGARDING
[01:50:01]
BUILDING ONE CASE NUMBER C 20 20 0 7 1 6 1 TR 2 2 5 8 5 5 83 REGARDING BUILDING THREE CASE NUMBER CL 2025 DASH OH 6 8 20 25 ORT 2 5 8 5 8 8 4 REGARDING BUILDING FOUR CASE NUMBER CL 2025 DASH OH 7 16 60 T RV 2 25 8 5 8 8 5 REGARDING BUILDING FIVE, CASE NUMBER C 20 25 7 16 5 T RV 2025, UM, OH 8 5 8 86.REGARDING BUILDING SIX CASE NUMBER CL 20 25 0 7 7 2 2 5 8 8 7 REGARDING BUILDING SEVEN CASE NUMBER CL 2025 DASH OH 7 7 24 T RV 2 0 2 5 8 5 8 8 8 REGARDING BUILDING EIGHT, CASE NUMBER CL 20 25 0 7 7 5 5 AND TRV 2 2 5 8 5 8 9.
REGARDING BUILDING NINE CASE NUMBER CL 2025 DASH OH 7 1 8 0 3.
FINDING A FACT THE JULY ORDERS WERE NOT TIMELY APPEALED AND THE TIME PERIOD IN WHICH THE JULY ORDERS COULD HAVE BEEN APPEALED HAS LAPSED FINDING A FACT IN EACH OF THE NINE JULY ORDERS, THE COMMISSION ASSESSED A CIVIL PENALTY AS FOLLOWS, $1,000 PER DAY TO BEGIN ON THE 31ST DAY FROM THE DATE THE CURRENT ORDER WAS MAILED, FINDING A FACT.
AS OF TODAY'S HEARING, THE PENALTIES UNDER EACH OF THE JULY ORDERS HAVE ACCRUED TO $100,000 FOR A TOTAL OF $900,000 AND CONTINUE TO ACCRUE.
FURTHERMORE, THE PROPERTY REMAINS IN VIOLATION.
STAFF ASK THE COMMISSION TO ADMIT THE UH, STAFF ASK THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
ONE ISSUE, ONE NEW ORDER THAT INCLUDES BUILDING TWO CASE NUMBER CL 2025 DASH OH 6 8 0 9 AND SUPERSEDES THE PRIOR JULY ORDERS THAT WERE ISSUED ON, UM, JULY 23RD, 2025 TO KEEP THE TOTAL PENALTY OF $900,000, WHICH IS THE TOTAL AMOUNT OF PENALTIES ACCRUED UNDER THE JULY ORDERS.
INTEREST WILL NO LONGER CONTINUE TO ACCRUE ORDER THAT THE OWNER COMPLETE THE FOLLOWING WITH ITS 60 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURES IDENTIFIED AS THE OFFICE BUILDING ONE BUILDING, BUILDING TWO, BUILDING THREE, BUILDING FOUR, BUILDING FIVE, BUILDING SIX, BUILDING SEVEN, BUILDING EIGHT, AND BUILDING NINE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B FOUR ON THE 61ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL MULTIFAMILY STRUCTURES IDENTIFIED AS THE OFFICE BUILDING ONE, BUILDING TWO, BUILDING THREE, BUILDING FOUR, BUILDING FIVE, BUILDING SIX, BUILDING SEVEN, BUILDING EIGHT, AND BUILDING NINE.
AND ANY ACCESSORY STRUCTURES INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH, B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES THIS PRESENTATION.
WE HAVE, UH, WE HAVE TO CLOSE THE EVERYBODY TO SPEAK.
I SHOW THAT A JOANNA HUGH BOLER MAYBE ONLINE? NO, SOMEONE IS ONLINE.
SO LET'S SEE IF THAT'S HIM OR NOT.
MS. TER, ARE YOU THERE? MS. HUG BATTER? ARE YOU THERE GOING ONCE MS. HUGH BATTER?
[01:55:01]
MS. HUON, OR IF YOU CAN HEAR US, WOULD YOU PLEASE SAY THAT YOU CAN, WOULD YOU PLEASE CONFIRM? UH, JAMES, WHAT IS, IS MS. HUON OR A NEIGHBOR OR IS SHE WITH THE PROPERTY OWNER? DO WE KNOW HOW SHE'S ASSOCIATED WITH THIS CASE? LOOKS LIKE SHE'S WITH THE LENDER.YEAH, IT LOOKS LIKE SHE'S WITH THE LENDER THRIVE LENDING.
SHE'S OBVIOUSLY NOT RESPONDING.
MAYBE HANG UP AND DO WE HAVE A, A WAY OF PINGING HER THROUGH THE PHONE JUST TO MAKE SURE THE NUMBER, UM, THAT WAS SPEAKING ISN'T THE NUMBER THAT WE HAVE FOR HER EITHER.
WELL WE, WE JUST LOST THAT INDIVIDUAL.
YEAH, I THINK THAT PERSON, THEY'RE GONE, UH, ACCIDENTALLY CALLED IT.
I'M TRYING TO THEM AND SEE IF THEY CAN, I CAN SEND THEM LIKE A LITTLE PING.
SO THEY'RE STILL HERE, THEY'RE JUST THE ATTENDEES.
SO I SENT THEM A REQUEST TO SEE IF THAT DID ANYTHING.
WHY DON'T I GO AHEAD AND ACCEPT THE EXHIBITS AND READ THROUGH THOSE.
EXHIBITS 19 THROUGH 38 B CONSISTING OF ODD NUMBER EXHIBITS 19 THROUGH 37 AND EVEN NUMBER EXHIBITS 20 THROUGH 38 MARKED AS 20 A 20 E, 22 A, 20 2D, 24 A THROUGH 24 D, 26 A THROUGH 26 C, 28 A THROUGH 28 B 30 A 32 A THROUGH 32 B 34 A THROUGH 34 D 36 A, AND 38 A THROUGH 38 B.
THE, UM, SPEAKER'S BACK ON THE LINE.
MS. HUG BOTTOM, ARE YOU THERE? YEAH, I THINK SHE'S NOT PAYING ATTENTION.
YEAH, IT, IT SEEMS LIKE YOU'VE GIVEN HER AN OPPORTUNITY CHAIR AND I'M NOT SURE WHAT THE ISSUE IS.
ARE YOU COMFORTABLE WITH MOVING ON? OH, THAT'S TRUE.
I DON'T KNOW IF, DID, DID WE, JUST TO MAKE SURE, DID WE RECEIVE A REQUEST FOR LANGUAGE ASSISTANCE? NO, I DON'T SEE THAT PHONE NUMBER ON UH, ANY OF OUR ATTENDEES EITHER.
IT'S NOT THE NUMBER THAT'S LISTED HERE.
SO IT APPEARS THAT PERHAPS MS. HUON DID NOT HAD INITIALLY INDICATED THAT SHE WOULD ATTEND AND IT APPEARS THAT SHE'S NOT IN ATTENDANCE, IS WHAT IT IS THAT CORRECT STAFF.
AND THAT CASE, UM, VICE CHAIR I BELIEVE YOU CAN PROCEED.
COMMISSIONER'S GOOD WITH MOVING ON.
MOVE TO CLOSE THE PUBLIC HEARING.
THERE'S A MOTION TO MOVE SECOND TO CLOSE THE PUBLIC HEARING A SECOND.
CAN WE CHANGE THIS TO 30 DAYS INSTEAD OF 60? I'M THINKING BACK TO APDS PRESENTATION AND WITH ALL THAT'S GOING ON AT THAT SITE, IS THAT SO THE, THAT'S A QUESTION ONLY I, I WOULD ASK THE COMMISSION TO CONSIDER THE ISSUE OF REASONABLENESS AS WELL.
I I DO RECOGNIZE GIVEN THE STATE OF THE, THAT THIS, THAT THE PROPERTY IS IN, UM, APPEARS TO BE IN A BAD STATE AND I BELIEVE THAT, UM, OUR INSPECTOR HAS TESTIFIED TO THAT EXTENT.
THE CONCERN I HAVE IS WHETHER 30 DAYS WOULD BE A REASONABLE AMOUNT OF TIME.
GIVEN THAT WE DO HAVE 10 BUILDINGS THAT DO NEED TO BE DEMOLISHED.
AND SO WE, WE ALSO HAVE TO BALANCE THAT IN THE EVENT THAT THE ORDER IS, IS CHALLENGED.
UM, THEY HAVE AN EXISTING PENALTY THAT IS ACCRUED AND THE STAFF RECOMMENDATION IS TO KEEP THOSE PENALTIES IN PLACE, BUT THE TIME LAPSED FOR ANY APPEAL OF THE PREVIOUS ORDER, DOES THAT MEAN THE TIME LAPSED FOR ALL THE PENALTIES REGARDLESS OF IT BEING A PART OF A NEW ORDER? IF, IF I'M UNDERSTANDING YOUR QUESTION CORRECTLY, COMMISSIONER MUSGROVE, ARE YOU ASKING WHETHER THEY CAN, UH, OKAY, SO IF THIS
[02:00:01]
ORDER IS APPEALED, CAN THEY APPEAL THE PENALTIES THAT HAVE ALREADY ACCRUED? IS THAT YOUR QUESTION? YES, IT IS.SO IF THIS ORDER IS SUCCESSFULLY APPEALED, THEN THE, OR THE THEN THE ORDER OR THE UNDERLYING ORDER THAT THIS ORDER NOW SEEKS TO SUPERSEDE, THOSE WOULD STILL REMAIN IN EFFECT.
AND SO IN ESSENCE, THOSE PENALTIES WOULD CONTINUE TO ACCRUE AND THEY WOULD STILL HAVE AN OBLIGATION TO REPAIR.
AND, BUT I DO WANNA BE CLEAR THAT THAT WOULD ONLY APPLY TO THE OFFICE TO BUILDING ONE AND THEN ALSO BUILDINGS THREE THROUGH NINE.
SO THE NEW BUILDING, BUILDING TWO THAT WOULD APPLY THAT NEVER HAD A REPAIR ORDER ATTACHED.
SO THERE WERE NEVER ANY ACCRUED PENALTIES.
UM, BUT JUST KEEP IN MIND THAT THERE WOULD HAVE TO BE ANOTHER PROCEEDING TO ADDRESS THAT.
I JUST WANTED TO MAKE SURE THAT THERE WASN'T A LEGAL LOOPHOLE WHERE THEY COULD SAY, OH, WELL WE APPEAL THIS AND THAT MEAN, AND SINCE YOU ALREADY SET THAT ASIDE, SET THE PREVIOUS ORDER ASIDE, BUT YOU'RE SAYING IT, IT WOULD JUST REVERT.
SO BECAUSE, SO THIS CURRENT ORDER SEEKS TO SUPERSEDE THE UNDERLYING REPAIR ORDERS THAT WERE IN, THAT YOU ALL INITIALLY IMPOSED IN JULY.
AND SO LET'S SAY FOR, LET'S SAY THAT THESE OR, OR THAT THIS ORDER, UM, WHICH IS NOW FOR DEMOLITION, IF THIS ORDER IS APPEALED AND IT IS SUCCESSFULLY APPEALED, THEN TECHNICALLY THIS ORDER TO DEMOLISH WOULD BE WIPED, BUT THAT STILL LEAVES THE UNDERLYING REPAIR ORDERS ACTIVE.
AND AGAIN, THAT'S BECAUSE THOSE, THOSE 30 DAYS HAVE PASSED AND IT WAS NOT APPEALED.
UM, DID I UNDERSTAND THAT THE PENALTIES WOULD CONTINUE TO ACCRUE AFTER, UH, TONIGHT? SO ACCORDING TO THE, THE, THE ORDER OR THE RECOMMENDED ORDER IS TO KEEP THE TOTAL PENALTY OF 900,000, WHICH IS THE TOTAL OF ALL OF THE PENALTIES THAT HAVE SINCE ACCRUED UNDER THE JULY ORDERS AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE.
SO IF THIS ORDER REMAINS IN PLACE, THEN WHAT WOULD HAPPEN IS THAT ANY PENALTIES THAT HAVE BEEN ACCRUING UNDER THE PRIOR REPAIR ORDERS WOULD BE CAPPED, UM, WOULD BE CAPPED AT THE TOTAL AMOUNT OF 900,000 AND THERE WOULD BE NO INTEREST.
SO TECHNICALLY THERE WOULD BE NO CONTINUING ACCRUAL.
OTHER QUESTIONS? COMMISSIONERS? IS THERE A MOTION CLOSE THE PUBLIC HEARING? DID WE DO THAT? OKAY.
IS THERE A MOTION
I HATE TO SAY THIS PROPERLY, DON'T I? THAT'S ALRIGHT.
I'LL MOVE THAT WE, UM, ACCEPT STAFF'S RECOMMENDATIONS, FINDINGS OF FACT AND THEIR RECOMMENDATION IN ITS ENTIRETY.
TO CLARIFY, DOES THAT INCLUDE THE CONCLUSIONS OF LAW? YES, IT DOES.
SECOND BY COMMISSIONER ABERRA.
UH, FIRST ANY QUESTIONS OR SPEAKING TO THE MOTION? I, I DO HAVE ONE MORE QUESTION.
I SAW WHAT LOOKED LIKE A, A CAMERA TOWER SET UP ON SITE.
WAS THAT BY THE OWNER OR WAS THAT BY THE CITY? THAT WAS BY THE OWNER BEFORE.
UM, WE CAME TO BSE THE FIRST TIME.
COMMISSIONER FRANCIS? THAT WOULD BE ME.
[7. Staff Briefing regarding a Payment Plan Proposal to address the payment and collection of penalties imposed by an order of the Building and Standards Commission. Presentation by James Candelas, Code Review Analyst, Austin Development Services]
HAVE IS, UH, STAFF BRIEFING.[02:05:01]
GOOD EVENING COMMISSIONERS.MY NAME IS JAMES CONEZ, CODE REVIEW ANALYST FOR AUSTIN DEVELOPMENT SERVICES CASE REVIEW AND ESCALATIONS DIVISION.
I'M HERE TONIGHT TO INTRODUCE A NEW POLICY THAT I HAVE BEEN WORKING ON ALONGSIDE MY COLLEAGUES IN AUSTIN DEVELOPMENT SERVICES FINANCE WORK GROUP.
A FEW MONTHS AGO I WAS APPROACHED BY A PROPERTY OWNER WHO AFTER COMING TO THE COMMISSION ON A PENALTY RELIEF MATTER ASKED IF THERE WAS AN OPTION FOR MAKING PAYMENTS SINCE THE PROPERTY OWNER WAS NOT ABLE TO PAY THE ENTIRE PENALTY ALL AT ONCE.
AT THE TIME I DIDN'T BELIEVE SUCH A POLICY EXISTED, BUT AFTER INQUIRING WITH THE FINANCE WORK GROUP, I LEARNED THAT THERE IS ONE IN PLACE FOR OUR ADMINISTRATIVE HEARING PROGRAM.
SO THE QUESTION BECAME CAN WE SIMPLY APPLY THAT POLICY TO BUILDING AND STANDARDS COMMISSION CASES BECAUSE THE PROCESS IS NOT THE SAME.
WE HAD TO RECRAFT A NEW POLICY TAILORED FOR BSC MATTERS.
IN SHORT, WE BORROWED QUITE A LOT FROM THE EXISTING ADMINISTRATIVE HEARING POLICY, WHILE ALSO CAPTURING ELEMENTS FROM OTHER REPAYMENT AGREEMENTS SUCH AS SETTLEMENT AND INSTALLMENT AGREEMENTS USED AS A TOOL TO COLLECT HOTEL OCCUPANCY TAXES OWED TO THE CITY OF AUSTIN.
WITH INPUT FROM OUR LEGAL TEAM AND OUR FINANCIAL SERVICES DEPARTMENT, WE ARRIVED AT THE DRAFTS THAT WE HAVE THAT YOU MAY FIND IN YOUR READERS IN GOOGLE DRIVE FOLDER.
THE FIRST IS THE, UH, PROPOSAL, CUSTOMER INSTALLMENT DRAFT PLAN, AND THE SECOND IS A DRAFT INSTALLMENT AGREEMENT.
WHAT I'M ASKING TONIGHT IS FOR THE COMMISSION'S PERMISSION TO MOVE THIS NEW POLICY FORWARD, OUR NEXT STEP IS TO SEEK ADOPTION OF THE POLICY WITH OUR EXECUTIVE TEAM.
I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THE POLICY.
IT JUST MAKES SENSE TO ME IF THERE OUGHT TO BE THAT SORT OF MECHANISM IN PLACE TO ACCOMMODATE, I DON'T, DO YOU NEED A FORMAL ACTION FROM US OR JUST A HEAD NOD TO PROCEED OR, 'CAUSE I IMAGINE THE FORMAL POLICY WILL COME BACK FOR RIGHT.
SO I THINK ONE OF, ONE OF THE, THE KEY ISSUES THAT WE WANTED TO AT LEAST HIGHLIGHT IS AS PART OF THE INSTALLMENT PLAN, UM, THERE WILL BE A, ESSENTIALLY A PAUSE IN THE AMOUNT OF INTEREST THAT ACCRUES.
UM, AND THAT JUST, I THINK BASED ON THE EXPLANATION THAT I RECEIVED FROM OUR FINANCE TEAM, IT JUST MAKES IT EASIER TO KEEP TRACK.
SO IF SOMEONE AGREES TO ENTER INTO THIS PAYMENT PLAN, THEN ESSENTIALLY AS PART OF THAT, WE WILL BASICALLY TAKE WHATEVER INTEREST IS, IS SUPPOSED TO ACCRUE EVERY YEAR AND JUST KIND OF PUT A PAUSE ON THAT.
NOW, ASSUMING FOR WHATEVER REASON THERE IS A DEFAULT, THEN THE WAY THAT THE AGREEMENT IS DRAFTED IS THAT THOSE ACCUMULATE, THAT ACCUMULATED INTEREST WOULD THEN APPLY.
SO EVEN THOUGH THE INTEREST WOULD ESSENTIALLY BE KEPT OR PAUSED WHILE THEY'RE ENTERING, WHETHER ON THIS PAYMENT PLAN IN THE EVENT OF A DEFAULT, THAT INTEREST WOULD KICK BACK IN.
AND SO THAT WOULD BE CALCULATED AS PART OF ANY LUMP SUM PAYMENT THAT GETS OWED.
BUT AGAIN, BECAUSE THAT THAT INTEREST WILL BE TEMPORARILY PAUSED, WE AT LEAST WANTED TO BRING IT TO YOUR ATTENTION SINCE THAT TECHNICALLY IS SOMETHING THAT YOU ALL ARE INVOLVED IN.
UM, AND WE JUST WANTED TO MAKE SURE THAT IF YOU ALL HAD ANY QUESTIONS OR CONCERNS, THEY COULD BE ADDRESSED.
JUST TO MAKE SURE I UNDERSTAND, THIS IS A SIX MONTH PAYMENT PLAN, THE, THE WAY THAT IT'S CURRENTLY DRAFTED? YES.
YOU, SO YOU'RE PROPOSING ONLY SIX MONTHS.
WE ALSO 1, 1 6 PER MONTH FOR SIX MONTHS.
AND UM, OF COURSE THERE'S NO PENALTY TO, YOU KNOW, PAY IT EARLIER.
AND, UM, AS, UH, MS. AVARA, UM, EXCUSE ME, MS. RERA MENTIONED, UH, IT WAS JUST EASIEST TO RATHER THAN TRY AND PIECE OUT, YOU KNOW, HOW MUCH INTEREST THIS MONTH, HOW MUCH INTEREST THAT MONTH TO JUST KIND OF PUT A PAUSE ON THAT AND COME TO A TOTAL AND THEN DIVIDE THAT INTO SOME MANAGEABLE PAYMENT AMOUNT.
AND I ASSUME THAT IF SOMEBODY CAME TO YOU AND SAID, WELL, CAN I HAVE 12 MONTHS? YOU WOULD SAY, NO, THIS, THE POLICY IS WE CAN ALLOW SIX MONTHS NO MORE.
I DON'T KNOW THAT, UM, WE WOULD SAY NO, BUT, UM,
[02:10:02]
I MEAN THEN AT THAT POINT YOU'RE, I MEAN, YOU KNOW, YOU'RE JUST, THAT THAT TAKES, THAT WOULD TAKE QUITE A LONG TIME TO KIND OF, I GUESS BRING, BRING IN.SO PERHAPS NOT, BUT I MEAN WE, WE'D HAVE TO BE TALKING ABOUT A, I GUESS IT WOULD JUST DEPEND ON THE AMOUNT THAT WE WERE TALKING ABOUT.
WELL THE, THE PREVIOUS CASE WAS A MILLION DOLLARS, RIGHT? UH, YEAH,
AND, UM, AND THIS, THIS WOULD APPLY TO BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES.
SO ALSO JUST LET ME MAKE SURE THAT I'M, MAKE THIS CLEAR.
UH, RESIDENTIAL STRUCTURES, PROPERTIES ARE ALWAYS HAVE THE OPTION FOR OFFSETS.
SO WE DO THAT IN-HOUSE, OF COURSE.
AND THEN, UM, AND OF COURSE THIS WOULD BE AFTER THE, THEY, THE PROPERTY OWNER CAME BACK TO THE COMMISSION TO ASK FOR ADDITIONAL PENALTY RELIEF.
SO WHATEVER THAT MAY BE, WE, YOU KNOW, I DON'T KNOW THAT AT THAT POINT WE WOULD SAY, OKAY, WELL YOU GOT SIX MONTHS TO PAY.
UM, YOU USUALLY GIVE A CAP ON HOW MUCH TIME THEY HAVE TO PAY BY LIKE 30 DAYS.
SO WHATEVER THE REDUCED AMOUNT IS THAT USUALLY GETS PAID.
AND HONESTLY, THERE'S NEVER BEEN A DEFAULT ON THAT SORT OF, UM, UH, THAT TYPE OF CASE WHERE A PENALTY RELIEF CASE CAME BACK AND THEY JUST DIDN'T PAY THE, YOU KNOW, WHATEVER THE AMOUNT WAS REDUCED TO.
SO IN THIS PARTICULAR MATTER, THE COMMISSION JUST WASN'T COMPELLED TO GIVE THEM A BREAK.
SO THAT'S WHY THEY WERE LIKE, YOU KNOW, I DON'T, YOU KNOW, WE DON'T HAVE THAT AMOUNT OF MONEY TO PAY, CAN WE MAKE INSTALLMENTS? GOT IT.
I WAS GOING TO ASK, WHAT IS A TIMELY PAYMENT? SO HOW MANY DAYS DO THEY HAVE FROM THEIR ALLOTTED, YOU KNOW, BEGINNING ON OR BEFORE THAT DATE? UM, I'M JUST GONNA GUESS THAT THERE'S A, WE'RE GONNA PICK A DATE WHERE THEY WOULD EXECUTE THE AGREEMENT AND THEN EITHER END OF THE MONTH, BEGINNING OF THE MONTH OR THAT DAY, WHENEVER IT WAS EXECUTED, LIKE IT'LL, IT WOULD BE DUE ON THAT SUBSEQUENT DAY.
SO YEAH, IT, WE DO, IT DOES SAY LIKE THAT SAME DAY EVERY DAY OF, OF, OF EVERY, OF EVERY MONTH.
BUT WHAT WOULD YOU THEN CONSIDER A LATE PAYMENT? WHEN DOES THAT, WHEN DO YOU DECIDE A PAYMENT WAS NOT RECEIVED AND WE ARE NOW GOING TO BEGIN ACCRUING INTEREST AGAIN, THAT'S, I DON'T KNOW.
I MEAN, I, I HAVE TO, FINANCE IS GONNA PROBABLY MAKE THAT DETERMINATION.
HERE'S THE ONES THAT TAKE IN THE MONEY AND THEY CAN ADVISE US ON THAT, I THINK IS WHERE WE'LL GO WITH THAT.
AND JUST FOR INSIGHT, AGAIN, I I JUST WANNA ECHO IT.
UH, THIS IS ONLY FOR WHEN YOU DON'T REDUCE ANY PENALTIES, RIGHT? LIKE IF THEY DON'T GET ANY REDUCTION IN PENALTIES, THIS PAYMENT OPTION THEN BECOMES AVAILABLE.
'CAUSE IT'S KIND OF THE OPPOSITE OF WHAT WE REQUEST WHEN YOU DO GIVE, UH, RELIEF, WHICH IS PAY WITHIN 30 DAYS OR IT GOES BACK UP TO THE FULL AMOUNT, RIGHT? SO YEAH.
THAT WAS ONE OF MY QUESTIONS AND, AND IF I MAY INTERJECT BRIEFLY, VICE CHAIR, UH, TO YOUR QUESTION, COMMISSIONER GARZA, I THINK WHAT I CAN DO IS CLARIFY WITH DSD FINANCE SO THAT THAT CAN BE INCLUDED IN THE AGREEMENT.
SO THIS WAY IT IS CLEAR TO WHOMEVER'S ENTERING INTO THE AGREEMENT, YOU MUST MAKE YOUR PAYMENT NOT ONLY BY THIS, SAY THE 15TH DAY OF EVERY MONTH, BUT UH, PAYMENTS ARE CONSIDERED LATE FIVE DAYS LATER, FOR EXAMPLE.
SO WE CAN CERTAINLY UPDATE THE AGREEMENT TO CLARIFY THAT.
SO, YOU KNOW, AGAIN, KEEP IN MIND WE'RE NOT OPEN ON SATURDAYS AND SUNDAYS AND HOLIDAYS.
SO IF IT SHOULD HAPPEN TO FALL ON A DAY LIKE THAT, I DON'T SEE WHY WE WOULDN'T GIVE A LITTLE GRACE.
BUT, UM, YOU KNOW, THAT'S A VERY GOOD POINT AND WE'LL ADD THAT BACK IN.
WOULD WE NEED TO OFFER THIS TO REPEAT OFFENDER PROGRAM? I'M SORRY, VICE CHAIR ONE MORE TIME PLEASE.
WOULD THIS ALSO BE AVAILABLE TO REPEAT OFFENDERS? WOULD WE HAVE TO STAFF? I THINK IT'S GONNA BE AVAILABLE TO ANYBODY THAT DOESN'T GET A PENALTY REDUCTION.
SO IF WE, WE REDUCE SOMEBODY BY A DOLLAR, THEY DON'T GET A CHANCE TO DO THIS.
IF WE REDUCE SOMEBODY'S PENALTY BY A DOLLAR, THIS IS OFF THE TOP
I'M JUST, THAT'S CRUEL, BUT I GUESS YEAH, WELL, TECHNICALLY SPEAKING, YES.
WELL LET'S SEE WHAT COMES BACK.
BUT I, BUT I GUESS THE, YOU HAVE A QUESTION IF SOMEBODY IS REPEAT OFFENDERS, SAY, WELL WE'RE, WE'RE GONNA REDUCE YOUR
[02:15:01]
FIVE A DOLLAR AND YOU DON'T GET THE BENEFIT OF THIS CRUEL AND UNUSUAL PUNISHMENT.SO THAT WOULD I I THINK, UM, MY UNDERSTANDING IS THE, THE REPEAT OFFENDER PROGRAM IS THAT IT, IT DOESN'T NECESSARILY APPLY.
LIKE YOU CAN HAVE INDIVIDUAL CASES FOR THE SAME REPEAT OFFENDER THAT IS DIFFERENT OWNERS OR LIKE, BECAUSE IT FOLLOWS THE PROPERTY, CORRECT? NOT THE OWNER.
UH, HONESTLY, I BELIEVE THAT'S, UH, ON THE OWNER.
SO THE, IF I UNDERSTAND CORRECTLY, THE, UH, LET'S SAY THAT, YOU KNOW, X, Y, Z, I'M SORRY, UH, 1, 2, 3, 4 MAIN STREET MAKING THAT UP.
OF COURSE, UH, THE OWNER IS REGISTERED AS, UH, IN THE REPEAT OFFENDER PROGRAM.
WELL, IF THAT PROPERTY SELLS, THE NEW OWNER HAS A CHANCE, I BELIEVE TO KIND OF COME OFF THE PROP OFF THE PROGRAM.
IT'S, IT'S WITH THE PROPERTY THOUGH.
AND, AND, BUT NEW OWNERSHIP DOES HAVE 90 DAYS TO BRING ALL THE VIOLATIONS INTO COMPLIANCE AND THEN THEY COULD COME OFF THE PROGRAM, BUT IT STAYS WITH THE PROPERTY AND TYPICALLY THE RETREAT, WE DIG INTO THAT A LITTLE BIT MORE AND PROVIDE SOME MORE CLARITY ON THAT WHOLE PROGRAM.
AND THAT'S MY, MY NEXT QUESTION ACTUALLY IS, UM, IT SOUNDS LIKE THERE MAY BE SOME CHANGES TO THIS DRAFT.
DO, IS IT STILL OKAY FOR US TO TAKE ACTION NOW? SO WE, WE CAN CERTAINLY COME BACK WITH AN UPDATED DRAFT THAT ADDRESSES SOME OF THE QUESTIONS THAT YOU ALL HAVE HAD.
UM, I THINK ULTIMATELY WE JUST WANNA MAKE SURE THAT YOU ALL ARE AT LEAST LOOPED IN MM-HMM
AGAIN, FOR THE REASONS THAT I STATED RELATED TO THE PENALTIES AND SOME OF THE OTHER COMPLEXITIES INVOLVING A PAYMENT PLAN FOR THE BSC CASES.
UM, BUT WE CAN CERTAINLY BRING SOMETHING BACK.
WELL, IT'S NOT POSTED FOR ACTION, IT JUST THAT'S GREAT.
BASICALLY BRIEFING, THIS IS MOSTLY APPROVED FOR APPROVAL.
I NOTICE THERE'S ANOTHER ITEM ON THE BACK OF THE JAMES, I'M NOT SURE.
[FUTURE AGENDA ITEMS]
MOVE ON TO, UH, FUTURE AGENDA ITEMS. OKAY.I'M NOT SURE WHY THIS IS ON HERE.
FUTURE AGENDA ITEMS? I AM OH, SO FOR, JUST FOR CLARITY'S SAKE, UH, I BELIEVE YOUR NEXT MEETING IS JANUARY THE 28TH OR 29TH? EIGHTH.
UM, I BELIEVE WE HAVE, I WANNA SAY WE HAVE ONE APPEAL THAT'S, UH, CURRENTLY PENDING.
AND, UM, I MEAN WE SHOULD JUST HAVE A CLEAN SLATE OF CASES FOR YOU IN THE NEW YEAR.
UM, AND I BELIEVE IN JANUARY WE WERE GOING TO TALK ABOUT RETREAT DATES.
WE CAN UH, PUT THAT AS A, AS A FUTURE AGENDA.
WE CAN, WE CAN PUT THAT AS A DISCUSSION ITEM ON THE NEXT AGENDA.
YEAH, I THINK WE CAN AGREED TO WAIT TILL YEAH.
ANY OTHER ITEMS? ENTERTAIN A MOTION TO NO MOVE.