[CALL TO ORDER]
[00:00:03]
I AM GONNA HEREBY CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JANUARY 8TH, 2026.
LET THE RECORD REFLECT THAT THE TIME IS 6 31.
I'M A COMMISSIONER OF THE BUILDING AND STANDARDS COMMISSION.
I'LL BE PRESIDING OVER THE MEETING PLACE, UH, OVER THE MEETING TONIGHT IN PLACE OF THE CHAIR AND VICE CHAIR WHO COULD NOT ATTEND TONIGHT.
UH, FIRST I'M GONNA CALL ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT, UH, TO PLEASE SIGNIFY THAT YOU'RE HERE.
AND, UH, QUICK REMINDER TO ANY COMMISSIONERS REMOTING IN, ALTHOUGH I DON'T THINK WE HAVE ANY.
PLEASE TURN ON YOUR CAMERA AND KEEP IT ON TO MAINTAIN QUORUM.
AND SO WE'LL START WITH THE ROLL CALL DISTRICT ONE.
CAN WE TURN UP THE VOLUME? I'M GONNA SEE IF SHE CAN TURN UP YOUR VOLUME A LITTLE.
BUT I'M NOT ALSO BAD AT SPEAKING DIRECTLY INTO THE MIC.
UH, DISTRICT ONE, COMMISSIONER MARTINEZ HERE.
UH, COMMISSIONER, UH, DISTRICT TWO.
UH, COMMISSIONER DISTRICT FOUR.
DISTRICT FIVE, COMMISSIONER GARZA HERE.
UH, DISTRICT SIX, UH, COMMISSIONER GILKER.
UH, DISTRICT SEVEN, THE CHAIR IS OUT.
RACHEL MILANOVICH REPRESENTING DISTRICT NINE.
I I ACTUALLY AM, I COULDN'T MAKE IT IN PERSON AND SO I CAN'T CHAIR REMOTELY, BUT I AM HERE, SO.
UH, I'M GLAD YOU'RE HERE AS WELL, SO YOU CAN CORRECT ME WHEN I MAKE MISTAKES.
AND, UH, WE HAVE, UH, DISTRICT 10 COMMISSIONER MUSGROVE HERE.
UH, BEFORE I CONTINUE WITH THE OPENING STATEMENT, I JUST WANTED TO RECOGNIZE OUR NEW FIRE FIRE MARSHAL MRS. CARRIE STEWART.
UH, WE'RE ALL EXCITED FOR YOU TO BE HERE.
THIS IS SOMETHING THAT, UH, WE'RE EXCITED TO JUST, UH, WORK WITH THE FIRE MARSHAL AS ALWAYS ON.
UH, SO BEFORE THE CASES ARE CALLED, I'M NOW KIND OF ADDRESSING THE FOLKS THAT ARE GATHERED HERE.
THE COMMISSION ARE, IS GOING TO ENTERTAIN PUBLIC COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
SO EACH SPEAKER, YOU'RE GONNA HAVE THREE MINUTES, UM, OR SIX MINUTES IF YOU NEED INTERPRETATION.
UH, WE HAVE FIVE ITEMS ON THE POSTED AGENDA, AND THE COMMISSION IS GONNA CONSIDER FOUR CASES FROM FOUR PROPERTIES IN ONE APPEAL.
UH, THE CASES WILL BE CONSIDERED IN THE ORDER, WHICH THEY APPEAR ON THE AGENDA, BUT WE MIGHT TAKE IT OUT OF A DOOR ORDER IF WE THINK IT'S APPROPRIATE TO SPEED THIS ALONG.
ALL ATTENDEES AT THIS HEARING ARE PLEASE REQUIRED TO OBSERVE, UH, DECORUM AND CIVILITY SO THAT WE CAN GET OUR WORK DONE HERE TONIGHT.
UM, THE COMMISSION'S COORDINATOR, MS. MELANIE, ALL WILL BE CALLING EACH CASE ON THE AGENDA, WHICH WILL BE FOLLOWED THEN BY TESTIMONY OF THE CONCERNED PARTIES.
AUSTIN DEVELOPMENT SERVICES STAFF WILL ALSO BE AVAILABLE TO ANSWER ANY QUESTIONS.
WHEN THE CASE, WHEN YOUR CASE IS CALLED, UH, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU'RE, UH, REMOTELY, YOU'RE GONNA HAVE TO UNMUTE YOUR PHONE.
THE CITY IS GONNA PRESENT ITS WITNESSES AND EVIDENCE FIRST, AND THEY'RE GONNA HAVE ABOUT FIVE MINUTES TO DO SO.
AND THEN THE OWNER REPRESENTATIVE OF THE PROPERTY WILL HAVE FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESSES ABOUT THEIR TESTIMONY.
AND THEN AFTER THE EVIDENCE BY THE CITY, THE OWNER OR REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.
AND THE CITY WILL BE GIVEN FIVE MINUTES TO CROSS-EXAMINE THE OWNER OR REPRESENTATIVE'S WITNESS ABOUT THE TESTIMONY.
UH, WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED.
UH, AND WHO'S OUR DESIGNATED TIMEKEEPER TONIGHT THIS EVENING? JAMES EVERWINE WITH THE CITY OF AUSTIN.
UH, AND THEN, UH, AFTER BOTH HAVE PRESENTED, THE COMMISSION IS GONNA QUESTION, UH, THE FOLKS THAT WE WANNA TALK TO EITHER SIDE AND ASK AFTER WE ASK THOSE QUESTIONS.
UH, ANYONE ELSE WHO WANTS TO TALK ABOUT THE CASE, NOT NOT THE OWNER OR OPERATOR, BUT THE OTHER WITNESSES CAN SPEAK ABOUT THE CASE AND THEN WE CAN QUESTION THEM AS WELL.
AND THEN, UH, AT THE END, AGAIN, THIS IS KIND OF THE EXTENDED POSSIBLE PROCESS.
UH, THE PROPERTY OWNER, IF THEY WANT, CAN HAVE THREE MINUTES TO KIND OF SUMMARIZE THEIR, THEIR APPEAL OR THEIR, THEIR, THEIR, UH, THEIR CLAIMS. AND THEN THE CITY AT MAY BE ABLE TO PRESENT REBUTTAL.
AND THEN AFTER ALL OF THAT IS CONCLUDED, THE COMMISSION WILL, UH, DISCUSS THE CASE AND VOTE.
AND THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT.
AND THE DECISION WILL BE MAILED TO YOU.
IT IS FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS.
AND IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK WHEN YOU'RE UP IN FRONT OF US AND WE'RE HAPPY TO ANSWER.
UM, ONE MORE THING IS THAT ANYONE WHO WOULD WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION IN ANY CASE, MUST TESTIFY UNDER OATH.
AND SO IF YOU'RE HERE TO SPEAK ON A CASE AND YOU'LL BE TESTIFYING UNDER OATH, GO AHEAD AND STAND UP AND WE'LL DO THE OATH RIGHT NOW SO THAT YOU MAY BE SWORN IN.
SO GO AHEAD AND RAISE YOUR RIGHT HAND AND STAND.
[00:05:05]
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? AND IF SO, PLEASE SAY I DO.THEN WE ARE GONNA GO AHEAD AND PROCEED.
[PUBLIC COMMUNICATION: GENERAL]
I BELIEVE WE, UH, HAVE PUBLIC COMMUNICATIONS AND SO WE'LL START WITH THESE CARDS HERE, JUST ONE ON PUBLIC COMMUNICATION.UH, MISS, MR. AND MRS. ALEX WIDOW WHI, PLEASE, UH, GO AHEAD AND COME UP.
AND GO AHEAD AND SIT RIGHT THERE AND MAKE SURE THAT THE MIC IS ON WITH THE LITTLE PUSH BUTTON.
UH, TODAY I'M TRYING TO SEE IF I CAN GET ON NEXT MONTH'S AGENDA FOR PENALTY RELIEF.
I PURCHASED A FOR PENALTY RELIEF, SORRY.
I PURCHASED A PROPERTY IN 2016 THAT HAD A DILAPIDATED RETAINING WALL.
UH, WE ACTUALLY FIXED THE RETAINING WALL IN 2016 WITH THE DEMOLITION THAT WE DID.
I HAVE SINCE PUT TWO STRUCTURES IN 2018, THEY WERE SOLD.
UH, I WAS LOOKING TO DO A THIRD STRUCTURE BECAUSE IT WAS ZONED, UH, MULTIFAMILY, BUT AT THE TIME I WAS HAVING PROBLEMS GETTING THROUGH, UH, PERMITTING BECAUSE OF ALAMO STREET AND SOME OTHER ISSUES.
SO I LET IT SIT FOR A LONG TIME.
I RECENTLY, BECAUSE OF THE NEW HOME ORDINANCE, WANTED TO SEE ABOUT DOING A THIRD STRUCTURE.
NOW IT'S NOW A AVAILABLE FOR ME TO DO IT.
AND WHEN I WENT TO GO PULL TITLE, I NOTICED $40,000 IN FEES FROM THE, UH, WALL THAT I HAD FIXED IN 2016.
IT WAS ALREADY, I MEAN, IT'S BEEN SOLD, UH, PART OF THE PROPERTY AND EVERYTHING'S THERE.
UH, THE ORIGINAL FINE I THINK WAS $18,000 AND IT'S BEEN ACCRUING A $500 A WEEK FEE THAT I HAVE NO IDEA ABOUT.
SO AGAIN, FOR NEXT MONTH'S AGENDA, I'M JUST TRYING TO GET ON TO SEE IF I CAN GET DEBT RELIEF FROM THIS SITUATION.
I, UM, I'M NOT SURE IF IT'S APPROPRIATE FOR ME TO OFFER RESPONSE AT THIS TIME OR, OR ANYTHING LIKE THAT, OR WOULD DO WE WANNA KIND OF CYCLE THROUGH THEM AND, UM, SO TYPICALLY WHAT HAPPENS IS YOU ACKNOWLEDGE THAT THE SPEAKER'S CASE WILL BE TAKEN INTO CONSIDERATION MM-HMM
AND THEN YOU ALL CAN MAKE THAT DETERMINATION AT THE, UH, FUTURE, THE FUTURE MEETING AGENDA ITEM.
WE'LL TAKE THAT UNDER ADVISEMENT AND IF YOU HAVE THE DETAILS OF THE PROPERTY WITH YOU, THAT WOULD ALSO PROBABLY BE HELPFUL.
IN REGARDS TO WHAT DO YOU IN REGARDS TO DETAILS JUST ABOUT ADDRESS OR, I JUST LIKE WHERE, WHERE IT IS THE, THE ADDRESS.
IT'S 2100, 2100 ROSEWOOD AVENUE.
AGAIN, THERE'S A DUPLEX THAT'S THERE THAT WAS SOLD AND I'M LOOKING TO DO THE, THE THIRD UNIT THERE.
SO YEAH, WE'LL, WE'LL CONSIDER TAKING IT UP AT THE END OF THE MEETING WHEN WE DISCUSS FUTURE AGENDA ITEMS. THANK YOU GUYS.
I BELIEVE THAT'S ALL OF OUR PUBLIC COMMENTS.
IF YOU WOULD, IF, UH, YOU WOULDN'T MIND, COULD WE START WITH ITEM NUMBER FOUR? DO WE HAVE TO APPROVE THE MINUTES FIRST FROM LAST WEEK'S MEETING? OH, YES.
[APPROVAL OF MINUTES]
PROCESS FOR THAT IS I MOVE TO, UH, APPROVE LAST MONTH'S, MINUTES, RIGHT.SECOND, UH, SO SECONDED AND I GUESS WE JUST GO STRAIGHT TO, UH, A VOICE VOTE.
ALL IN FAVOR OF ADOPTING THE MINUTES FROM LAST MONTH'S MEETING.
AND UNLESS I HEAR ANY OBJECTION
[4. Case Number: CL 2025-158554]
ABOUT STARTING WITH NUMBER FOUR OR THE COMMISSIONERS READY TO MOVE TO THAT AGENDA ITEM.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 25 1 5 8 5 5 4.
AND IT'S REGARDING A PROPERTY LOCATED AT 4 0 9 EAST MONROE STREET.
STAFF EXHIBITS CAN BE FOUND IN THE RED BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE.
THE CASE WAS OPENED IN SEPTEMBER, 2023 AS A RESULT OF A COMPLAINT REGARDING AN OPEN AND ACCESSIBLE STRUCTURE WITH SQUATTERS IN THE GARAGE APARTMENT.
THE RESIDENCE, THE RESIDENTIAL STRUCTURE CONTRIBUTES TO THE TRAVIS HEIGHTS NATIONAL REGISTER HISTORIC DISTRICT.
WHILE, WHILE THERE ARE ACTIVE TRADE PERMITS RELATED TO THE SIGHTED DEFIC DEFICIENCIES ISSUED IN 2023, LITTLE WORK HAS BEEN PERFORMED TO DATE.
[00:10:01]
STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE, AND IT'S CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES REPAIR IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND EXHIBIT TWO, WHICH IT CAN CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G AND THE RECOMMENDED ORDER.UH, CODE INSPECTOR JOSEPH YOST IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INSPECTOR YOST, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS JOSEPH YOST AND I'M AN INSPECTOR FOR THE AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 4 0 9 EAST MONROE STREET, AUSTIN, TEXAS, 7 8 7 0 4.
THE UNDER OF RECORD HAS BEEN IDENTIFIED AS POSSUM TROT HOLDINGS, LLC ON SEPTEMBER 29TH, 2023.
AUSTIN CODE COMPLIANCE RECEIVED A COMPLAINT ABOUT THIS PROPERTY LOCATED AT 4 0 9 EAST MONROE STREET VIA 3 1 1 ON AUGUST 12TH, 2025.
THE CASE WAS TRANSFERRED TO ME ON AUGUST 13TH, 2025.
I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
PRIMARY STRUCTURE AS WELL AS THE ADJOINING STRUCTURE HAS BEEN DISCONNECTED FROM UTILITY SERVICES ARE ABANDONED AND ARE IN A STATE OF CONTINUED DETERIORATION AND DISREPAIR.
THIS ABANDONED RESIDENTIAL PROPERTY AND ITS ADJOINING ACCESSORY STRUCTURE HAVE BEEN LEFT OR HAVE BECOME OPENED AND ACCESSIBLE THROUGH UNSECURED DOORS, WINDOWS, AND ADDITIONAL OPENINGS IN THE PERIMETER.
FENCING, SQUADRON AND VAGRANT ACTIVITY HAVE BEEN OBSERVED ACTIVELY ON THE PROPERTY.
THE STRUCTURES ARE NEGLECTED, DAMAGED, DILAPIDATED, ABANDONED, AND HAVE BEEN LEFT UNSECURED.
THE STRUCTURES HAVE BE BECOME AN ATTRACTIVE NUISANCE FOR VAGRANT ACTIVITY, CRIMINALS AND PEOPLE EXPERIENCING HOMELESSNESS.
ON AUGUST 13TH, 2025, I DOCUMENTED THE CASE AND MAILED A NOTICE, A VIOLATION TO THE PROPERTY OWNER DETAILING THE DESCRIPTION OF THE VIOLATIONS OBSERVED.
I THEN PERFORMED MONTHLY FOLLOW-UP INSPECTIONS OF THE MONITOR EXISTING CONDITIONS ON JANUARY 27TH, 2026.
I OBSERVED THAT THE PRIMARY STRUCTURE STRUCTURE, SECOND STORY WINDOWS HAVE BEEN SECURED AS WELL AS THE DOOR AT THE REAR OF THE FIRST FLOOR.
THE PERIMETER SECURITY OFFENSE REMAINED INTACT.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY.
PHOTO TWO B IS AT THE FRONT OF THE PRIMARY STRUCTURE OF THE FASCIA.
BOARDS AND SOFFITS ARE ROTTED AND DETERIORATED AND ARE NOT PROPERLY SERVICE COATED WITH CHIPPING AND FLAKING PAINT EVIDENT.
PHOTO TWO C IS OF A DIFFERENT ANGLE.
PORTIONS OF THE SOFFIT ARE NOT PROPERLY SEALED AT THE UPPER LEFT CORNER OF THE SECOND STORY.
PHOTO 2D IS OF THE WEST SIDE OF THE PRIMARY STRUCTURE.
THERE'S A LARGE HOLE IN THE SECOND STORY SOFFIT AND THE EXTERIOR SURFACE IS NOT PROPERLY SEALED OR TO PREVENT RODENT ENTRY.
THE SECOND STORY, FASCIA BOARD IS ROTTED, DETERIORATED, AND NOT PROPERLY SURFACE COATED.
PHOTO TWO E IS OF THE EAST SIDE OF THE PRIMARY STRUCTURE.
THE SECOND STORY FACIA ABOARD IS ROTTED, DETERIORATED, NOT PROPERLY SURFACE COATED WITH HOLES AND GAPS EVIDENT THE OPEN.
SECOND STORY W WINDOW WAS RECENTLY SECURED.
PHOTO TWO F IS OF THE ACCESSORY STRUCTURE AT THE REAR OF THE PROPERTY.
THE FACIA BOARD ON THE UPPER LEFT CORNER IS MISSING AND THERE ARE HOLES IN THE EXTERIOR SIDING.
THE GARAGE DOORS AND THE SECOND STORY WINDOW HAVE BEEN BOARDED WITH PLYWOOD.
PHOTO TWO G IS OF THE SOUTH SIDE OR REAR OF THE PRIMARY STRUCTURE, AND THE EXTERIOR STAIRWAY IS UNSAFE DUE TO THE MISSING HANDRAIL AND VISIBLE DETERIORATION.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
'CAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G.
[00:15:01]
ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND ACCESSORY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING OF STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THEY'LL 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.
I BELIEVE WE HAVE SOMEBODY FROM THE HPO OFFICE ALSO HERE.
UM, CALY CONTRERAS, IF SHE, I DON'T KNOW IF SHE HAS ANYTHING TO ADD.
SHE'S ALSO HERE TO REPRESENT THE C.
I JUST, UH, WANT TO, UH, THANK THE, UH, COMMISSION FOR HAVING ME AND I'M HERE TO ANSWER ANY QUESTIONS IF Y'ALL HAVE, UM, ANYTHING ABOUT THE NATIONAL REGISTER DISTRICT NOMINATION FOR THIS PROPERTY.
UM, BUT JUST HERE FOR QUESTIONS.
NOW I BELIEVE WE MOVED TO THE OWNER'S REPRESENTATIVE THEN I BELIEVE WE HAVE IS AN OWNER'S REPRESENTATIVE HERE, OR YES.
GO AHEAD AND, UH, SIT AT THE PODIUM OVER HERE, SIR.
AND I'M, I THINK YOU MIGHT'VE MISSED, WERE YOU SWORN IN EARLIER? NO, SIR.
THEN REAL QUICK BEFORE YOU SIT DOWN, DO YOU MIND, UH, YOU'RE GONNA TAKE AN OATH FOR THE TRUTH, SO JUST REPEAT AFTER, OR SORRY.
UH, DO E DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? I DO.
AND, AND IF SO, SIGNIFY BY SAYING, I DO.
AND MR. PARKER, IS THAT RIGHT, ASH? YES.
UH, YES, I OWN THE PROPERTY AND I HAVE PERMITS ON THE PROPERTY.
UH, I MET WITH THE INSPECTOR, UH, DAY BEFORE YESTERDAY.
THERE WAS SOME VIOLATION, SOME CORRECTION NEEDED TO BE DONE, WHICH WAS ALL DONE.
THERE WAS SOME TRASH OUTSIDE AND NEXT DOOR PROPERTY, WHICH WE'VE TAKEN OUT.
AND I CURRENTLY HOLD THE PERMITS ON THE PROPERTY AND I PLAN TO WORK ON IT.
AND CURRENTLY THERE'S NO, UH, STRUCTURES FULLY SECURE.
THEY HAVE BEEN FENCED THE WHOLE TIME.
AND, UH, I HAVE ACTIVE PERMITS ON IT AND I'VE CALLED INSPECTION BEFORE, BUT I'LL CALL NOW AND START WORKING ON THE PROPERTY.
IF THAT CONCLUDES, UH, YOUR TESTIMONY, I BELIEVE NOW WE MOVE ON TO QUESTIONS BY THE COMMISSION, UH, OF BOTH PARTIES.
IS THAT CORRECT? UH, TECHNICALLY, IF, ACTUALLY IF MR. PRAKASH HAD QUESTIONS FOR THE CITY OR IF THE CITY HAD QUESTIONS FOR MR. PRAKASH, AH, OKAY.
YES, THERE WOULD BE, THIS WOULD BE THE OPPORTUNITY.
DO EITHER OF Y'ALL HAVE QUESTIONS FOR EACH OTHER AT THIS STAGE? THEN WE'LL GO AHEAD AND MOVE ON TO, UH, ANY COMMISSIONER'S QUESTIONS ON THIS ONE? I HAVE A QUESTION.
THE CHAIR RECOGNIZES, UH, REPRESENTATIVE OR MARTINEZ? MYRA MARTINEZ.
MY, UH, COMMISSIONER MARTINEZ? YEAH.
HAVE YOU RECEIVED ANY OF THESE NOTICES? YOU'RE AWARE OF THE NOTICES? UH, I RECEIVED NOTICES, YES.
UH, AND I MET WITH THE INSPECTOR, YES, I'M AWARE OF NOTICE.
YOU HAVE SPOKEN TO THE INSPECTOR? YES.
HOW MANY OF THESE NOTICES HAVE YOU JUST ONE.
THIS NOTICE AND PRIOR NOTICE? I MET THE INSPECTOR IN PAST AND I CURED, THIS IS THE LAST, THIS IS THE ONE THAT I HAVE RECENTLY RECEIVED.
CHAIR RECOGNIZES, UH, COMM COMMISSIONER MUSGROVE.
I UNDERSTOOD FROM CITY TESTIMONY THAT THERE WERE NO PERMITS IN PLACE EXCEPT FOR TRADE PERMITS.
THERE'S A FULL SET OF PERMITS THERE.
A FULL SET OF BUILDING, BUILDING PERMITS.
UH, MY TESTIMONY DID NOT DISTINGUISH ONE WAY OR THE OTHER THERE AS IT APPLIES, BUT BUILDING PERMITS HAVE BEEN IN PLACE THAT THEY'RE SET TO EXPIRE, I THINK ON FEBRUARY 12TH, 2026.
I DID HAVE ONE QUESTION, UH, FOR THE OWNER.
WHEN DID YOU COME INTO THE POSSESSION OF THE PROPERTY? UH, 2023.
IF THAT'S ALL QUESTIONS FROM THE COMMISSION, THEN I BELIEVE NOW WE MOVE ON TO THE THIRD PARTY COMMENTS ON THIS PARTICULAR, ON
[00:20:01]
THIS PARTICULAR CASE.IF THERE'S ANY INTERESTED PARTIES, YES, WE HAVE DEFINITELY A FEW HERE THAT ARE STACKED UP.
SO LET'S START WITH, UM, SAMANTHA SMOOT.
THEN LET'S MOVE ON TO CLIFTON LAD.
AND MR. PRAKESH, THEY'RE GONNA SIT WHERE YOU'RE SITTING, SO IF YOU DON'T MIND, UH, YOU CAN RETURN TO THE OR NO.
THANK YOU FOR THIS OPPORTUNITY TO SPEAK.
UM, I LIVE, UM, LESS THAN A HUNDRED YARDS FROM THIS HOUSE.
K KIND OF CATTYCORNER ACROSS FROM THE INTERSECTION OF MONROE AND NEWING.
UM, I'M ALSO CHAIR OF THE SOUTH RIVER CITY CITIZENS HISTORIC PRESERVATION COMMITTEE.
UM, I NOTED, UH, MR. PARKASH SAID THAT HE BOUGHT THE HOUSE IN 2023.
HE BOUGHT IT EARLIER THAN THAT.
UM, IT WAS ON THE HISTORIC LANDMARK COMMISSION AGENDA ON JULY 6TH, 2022 FOR DEMOLITION OF THE H THE, UH, GARAGE APARTMENT THAT WAS AT 4 0 7 EAST MONROE.
UM, THAT, UH, GARAGE APARTMENT DID GET DE DEMOLISHED.
UM, AND THEN MR. PARKASH TRIED TO DEMOLISH THE MAIN HOUSE, UM, AND WAS THAT THAT ACTION WAS STOPPED.
UM, THE NEIGHBORS WOULD LIKE TO THINK THAT MR. POSH IS GOING TO DO SOMETHING WITH THIS HOUSE, AS HE TOLD THE PEOPLE THAT HE BOUGHT THE HOUSE FROM THAT HE WOULD DO.
MACK AND MAUREEN MCREYNOLDS LIVE ACROSS THE STREET FROM THE HOUSE.
UM, THEY CANNOT BE HERE BECAUSE THEY'RE BOTH INVALID.
THEY, THEY, THERE'S NO WAY THEY'RE GONNA BE ABLE TO GET OUT AND COME DOWN TO THIS.
BUT I TALKED WITH THEM TODAY AND THEY SAID THAT MR. PARK DID TELL THEM THAT HE WAS GOING TO DO SOMETHING TO FIX THE HOUSE, AND INSTEAD HE'S BEEN TRYING TO DEMOLISH IT.
THERE'S NO REASON WHY THAT YARD WOULD JUST BE FULL OF TRASH AND DEBRIS AS HE HAS LEFT IT FOR OVER THREE YEARS NOW.
THE HOUSE DESERVES TO BE PROTECTED.
THE NEIGHBORHOOD, THIS, THIS IS PROBABLY THE SINGLE MOST UNIFYING CASE OF HISTORIC PRESERVATION IN OUR NEIGHBORHOOD.
WE LIVE IN THE TRAVIS HEIGHTS, FAIRVIEW PARK NATIONAL REGISTER, HISTORIC DISTRICT.
THIS HOUSE QUALIFIES FOR HISTORIC PRESERVATION.
UM, AND IT'S, IT'S VERY DISTURBING TO SEE THAT HE HAS BEEN ALLOWED TO JUST LIKE LET THE HOUSE FALL APART.
IT'S A CLEAR EXAMPLE OF ATTEMPTED DEMOLITION BY NEGLECT AND ON BEHALF OF THE SOUTH RIVER CITY CITIZENS, I ASK YOU TO DO WHAT YOU CAN TO MAKE SURE THAT THIS HOUSE IS NOT DEMOLISHED, THAT IT IS RETAINED AND, YOU KNOW, AND MADE HABITABLE.
IT'S JUST, IT'S, IT'S SHAMEFUL FOR IT TO BE JUST, YOU KNOW, TO LET IT JUST FALL APART LIKE THIS.
I APPRECIATE YOUR TIME, AND THAT'S ALL I HAVE TO SAY.
NEXT WE HAVE, UH, MELANIE MARTINEZ.
AND I'LL ALSO SAY IF ANYONE WOULD LIKE TO MAKE STATEMENTS TOGETHER, YOU ARE, I BELIEVE, ALLOWED TO DO SO.
I THINK WE'VE HAD, WE'VE HAD PEOPLE COME UP AND SPEAK TOGETHER BEFORE, RIGHT? YEAH, YEAH.
UH, HI, MY NAME'S MELANIE MARTINEZ AND I LIVE, UH, ABOUT A BLOCK AND A HALF FROM THE HOUSE ON NOONAN AND, UM, IN THE MORE VICTORIAN FAIRVIEW PARK AREA.
AND THIS INTERSECTION IS WHERE THE TIME PERIOD INTERSECTS FROM THE DEVELOPMENT OF FAIRVIEW PARK TO TRAVIS HEIGHTS.
AND THIS IS PROBABLY THE ONE CORNER IN THE NEIGHBORHOOD THAT HAS ALL HISTORIC HOMES OF NOTE, AND IT'S ALSO VERY VISIBLE FROM CONGRESS, WALKING FROM CONGRESS IN THE NEIGHBORHOOD.
SO, UM, I WAS ONE OF THE PEOPLE THAT GOT THE HISTORIC DISTRICT DESIGNATED AND DOING SURVEYS IN THE NEIGHBORHOOD WITH TERRY MEYERS, UM, HISTORIC PRESERVATION ARCHITECT.
AND, YOU KNOW, WE NOTED THE IMPORTANCE OF THIS HOUSE THEN.
AND, UM, SO SINCE THEN MANY, UH, SEVERAL OTHER HISTORIC PROPERTIES ABOUT THE SAME ERA AND CONDITION HAVE BEEN RESTORED ON NING.
I'VE HAD TWO HISTORIC HOUSES OF THE SAME ERA THAT WERE IN BASICALLY
[00:25:01]
THE SAME CONDITION AND HAVE RESTORED THEM.AND I MEAN, I, I THINK IT'S POSSIBLE WITH, YOU KNOW, SOME, UH, CARPENTRY AND OTHER, UM, TECHNIQUES THAT PRESERVATIONISTS ARE AWARE OF THE HISTORIC, UH, TRUST FOR HISTORIC, SORRY, THE NATIONAL TRUST, UM, OFFERS GUIDANCE ON HOW TO PROTECT HOUSES THAT ARE BEING RESTORED.
AND SO IT JUST SEEMS ODD THAT THIS HAS NOT BEEN DONE.
THEY'RE NOT THAT DIFFICULT TO GET TARPS AND TO SEAL THE WINDOWS AND, UH, JUST, YOU KNOW, SHORE UP THE STRUCTURE WHILE IT'S WAITING TO BE RESTORED.
SO I HOPE THAT, UM, SOMEONE ELSE WOULD TAKE OVER THIS PROPERTY THAT KNOWS WHAT THEY'RE DOING WITH IT.
IT JUST, JUST SEEMS A SHAME WHEN A PROPERTY LIKE THIS FALLS INTO THE WRONG HANDS WHEN THERE'S SO MANY OPPORTUNITIES THAT COULD COME FROM IT THAT WOULD BENEFIT THE NEW OWNER OR AS WELL AS THE NEIGHBORHOOD.
SO, UM, I JUST APPRECIATE YOUR CONCERN AND HOPE SOMETHING CAN BE DONE TO SAVE IT.
NEXT WE'LL HAVE MELANIE SHERWOOD.
HI, MY NAME IS MELANIE SHERWOOD AND I LIVE TWO HOUSES DOWN FROM THIS PROPERTY.
I WALK BY IT EVERY MORNING, VERY EARLY IN THE MORNING, AND, UM, FOR THREE YEARS WE'VE BEEN BEGGING THE CITY TO DO SOMETHING.
I, IT'S A LITTLE SCARY WALKING BY THIS HOUSE BECAUSE UNTIL LAST WEEK THERE WERE OPEN WINDOWS AND DOORS AND WE'VE HAD HOMELESS PEOPLE, UH, UNHOUSED PEOPLE GO INTO THIS HOUSE.
UM, AND IT IS, IT IS AN EYESORE IN THE NEIGHBORHOOD WHEN THERE ARE THESE FOUR BEAUTIFUL HISTORICAL HOUSES.
I DID SOME RESEARCH AT THE, UM, AUSTIN HISTORY CENTER.
THIS HOUSE WAS OWNED AND BUILT BY WORKING CLASS PEOPLE WHO WERE PART OF THE, WHO WORKED AS CARPENTERS FOR UT IT HAS HISTORICAL VALUE, AND WE HAVE BEEN ASKING THE CITY FOR A LONG TIME.
I WAS HERE WHEN THE, UM, HISTORIC COMMISSION DECIDED THAT THIS HOUSE IS WORTH SAVING.
WE WERE TOLD THAT THE OWNER HAD GIVEN PLANS, UM, FOR RESTORING, AND THAT WAS LIKE TWO YEARS AGO.
AND, AND NOTHING HAS HAPPENED.
UM, IT, IT, I DON'T UNDERSTAND WHY THE OWNER HASN'T BEEN GETTING THE, THE, THE, UH, VIOLATIONS AND THOSE ISSUES HAVEN'T BEEN TAKEN CARE OF UNTIL THIS PAST WEEK.
AND I, I SERIOUSLY, UM, HAVE SOME MISTRUST ABOUT THE FOLLOW THROUGH ON THIS.
YOU KNOW, IT, IT, THE PATTERN, THERE'S BEEN A PATTERN.
UM, SO I'M HOPING THAT THIS COMMISSION CAN DO SOMETHING ABOUT THAT.
AND I BELIEVE SINCE SAMANTHA SMOOT IS NOT HERE, WE'RE JUST GONNA HAVE TO MOVE ON WITHOUT HER COMMENT, UNLESS SHE'S ARRIVED IN THE LAST 10 SECONDS, BUT I DON'T THINK SO.
UM, I BELIEVE THAT CONCLUDES THE, UH, INTERESTED PARTIES SECTION, WHICH NO, DID YOU ADMIT THE EXHIBITS BEFORE WE MOVE ON? LET'S DO THAT THEN.
I, AND I DO THAT BY SAYING I MOVE TO ADMIT THE EXHIBITS AND THE REPORT, UH, EXHIBIT ONE AND EXHIBIT TWO A THROUGH TWO G.
THEN I'M, I MOVE TO ADMIT EXHIBITS ONE AND EXHIBITS TWO A THROUGH TWO G INTO THE RECORD.
SECOND THEN, AND THEN, UH, A VOICE VOTE.
IT'S A, TECHNICALLY WE DON'T ACTUALLY TAKE A VOTE.
UH, ONE, ONCE YOU HEAR THE TESTIMONY, IF YOU BELIEVE THERE'S SUFFICIENT AUTHENTICATION, ESSENTIALLY MM-HMM
AND YOU JUST ADMIT THE EXHIBITS.
THEN, UH, THE CHAIR WILL GO AHEAD AND ADMIT, UH, EXHIBITS ONE AND TWO A THROUGH TWO G.
UM, WHICH THEN BRINGS US TO, I BELIEVE, THE COMMISSION'S DECISION, UNLESS, UH, I BELIEVE THE THE PARTIES HAVE ANY OTHER QUESTIONS OR, OR COMMENTS FOR EACH OTHER? I HAVE, I HAVE A QUESTION.
OH, WAIT, QUESTIONING FOR BY THE COMMISSIONERS, PLEASE EXCUSE ME.
I, MY FIRST TIME RUNNING THE MEETING.
UM, I'M LOOKING THROUGH THE HISTORY HERE, AND IT LOOKS LIKE ON, IN 2024, UM, THE CITY MET WITH THE OWNER AND SPOKE ABOUT RENOVATION WORK,
[00:30:01]
UM, AND THAT HAD BEGUN, BUT THEN FOLLOWED WITH WHAT APPEARS TO BE THE OWNER SELLING.DID WE COME UP, I GUESS WHERE DOES, WHERE DID YOU TAKE OWNERSHIP IF IT WASN'T IN 2023? OR HOW DO YOU PLAY INTO THESE CONVERSATIONS? OH, I HAD BEEN THE OWNER THE WHOLE TIME ON THE PROPERTY.
WE COULDN'T, AT THAT POINT, THE FINANCIAL DIFFICULTY I HAD, I COULDN'T COME UP WITH TO REPAIR THE PROPERTY LIKE REMODELS.
SO I WAS HOPING SOMEBODY CAN BUY FROM ME, AND THEN EITHER I REPAIR FOR THEM OR NOBODY BOUGHT IT.
SO OBVIOUSLY I'M GONNA CONTINUE AND REPAIR THE PROPERTY.
I MEAN, I BOUGHT IT INTENTIONALLY REPAIRING IT, AND IT'S, IT'S IN A PLAN.
CHAIR RECOGNIZES, UH, COMMISSIONER MARTINEZ.
SO, UM, I WAS WONDERING TECHNICALLY I, IS IT HISTORICAL OR NOT? NO, IT'S NOT.
SO TECHNICALLY YOU CAN DO WHATEVER YOU WANT WITH IT.
I JUST WASN'T CLEAR IF, IF SURE, NO, THAT JUST, SO THERE'S NO RESTRICTIONS ON WHAT YOU CAN DO.
IT'S NEVER BEEN HISTORIC PROPERTY.
IT'S JUST BECAUSE IT'S AROUND CERTAIN PEOPLE.
IT'S HISTORIC AND THEY WANT ME TO DO WORK.
I, I DON'T KNOW WHERE THE FUND'S GONNA COME FROM.
THERE'S A MISTRUST OF WHAT MY PROPERTY WORKING ON IT, WHERE THE TR THERE'S NEVER TRASH LEFT ANYWHERE.
IT'S ON THE DEMO SIDE AND LEFT.
WHAT MAKES ME UPSET, IT IS JUST SO I PAY THE PROPERTY TAX, I OWN THE PROPERTY.
JUST BECAUSE YOU'RE WALKING BY, I HAVE TO WORK AT YOUR SCHEDULE.
WELL JUST COME UP WITH SOME MONEY.
AND I DIDN'T HAVE IT THAT TIME.
I HAD A LOAN AND THESE ARE THE SAME PEOPLE WHO OPPOSED IT.
AND THEY'RE PICTURING THE PRO, UH, THAT I DEMOED THE PROPERTY WITHOUT CITY'S PERMANENT CITY HAS BEEN.
SO WE HAVE TWO PROPERTIES, 4 0 7 GOT APPROVED FOR DEMO, WHICH I DID.
4 0 7 CITY MISTAKENLY APPROVED FOR DEMO, BUT THEN THEY REFIED THEIR MISTAKE AND CASE HEARD APPROVAL GIVEN, BUT BY THEM CALLING EVERY SINGLE DAY TO CITY, DO SOMETHING, DO SOMETHING, WHAT? THIS IS MY PROPERTY, I'M GONNA MOVE IN IT.
AND THEN WHAT'S GONNA HAPPEN? YOU WON'T, YOU WON'T LIKE ME WHEN I MOVE THERE.
I HAVE TWO KIDS, I'LL BE THERE.
I'M ACTUALLY ACTUALLY MOVING INTO THIS PROPERTY AFTER PAYING IT NOW YOU'RE GONNA SEE ME EVERY SINGLE DAY THERE.
AND THIS PROPERTY HAS BEEN THERE FOR A HUNDRED YEARS.
AND ALL OF A SUDDEN, EVER SINCE I BOUGHT IT, THIS BECAME PROBLEM.
THEY DIDN'T HAVE A PROBLEM THREE YEARS AGO.
NOW THEY'RE PROBLEM JUST BECAUSE THE GUY BOUGHT IT.
NOTHING BEEN TOUCHED WHATSOEVER.
CHAIR RECOGNIZES, UH, WHAT WAS YOUR NAME? SORRY.
CALLEN CONTRERAS, HISTORIC PRESERVATION OFFICER CONTRERAS, GO AHEAD.
UM, SO THIS PROPERTY IS A CONTRIBUTING BUILDING IN A NATIONAL REGISTER HISTORIC DISTRICT, UH, THAT IS DISTINCT FROM A HISTORIC LANDMARK, WHICH HAS H ZONING OR A LOCAL HISTORIC DISTRICT PROPERTY, WHICH HAS HD ZONING.
SO WHILE THIS PROPERTY IS NOT A HISTORIC LANDMARK WITH HISTORIC ZONING, UM, THE HISTORIC LANDMARK COMMISSION IS REQUIRED TO REVIEW EXTERIOR CHANGES AND MAJOR MODIFICATIONS, INCLUDING DEMOLITION AND PARTIAL DEMOLITION, UH, IN THESE NATIONAL REGISTER DISTRICTS.
UM, IT'S A LITTLE BIT DIFFERENT BECAUSE IT'S AN OVERLAY INSTEAD OF A, A TRUE ZONING.
UM, BUT HLC DOES HAVE JURISDICTION FOR PROJECT REVIEW.
AND JUST TO CLARIFY SOME CASE HISTORY, UM, THIS APPLICANT DID COME AS MR. LADD MENTIONED BEFORE, UM, FOR A DEMOLITION OF THE PROPERTY IN I BELIEVE 2022, UM, THAT WAS WITHDRAWN.
AND IN MARCH OF 2023, UM, THE APPLICANT CAME BACK FOR A PARTIAL DEMOLITION AND REHABILITATION, UM, AN ADDITION OF THE PROPERTY, WHICH WAS APPROVED BY THE HISTORIC LANDMARK COMMISSION.
SO, UH, THERE WILL BE ADDITIONAL COMMISSION REVIEW FOR MAJOR EXTERIOR MODIFICATIONS MOVING FORWARD.
UM, BUT THE APPLICANT HAS ALREADY GONE THROUGH THAT PROCESS, UM, A FEW YEARS AGO.
UH, I, I BELIEVE, UH, COMMISSIONER LOCKHART HAD HIS HAND UP FIRST, BUT HE'S OFFERING IT TO, UH, COMMISSIONER IBARRA.
SO COMMISSIONER IBARRA TO TAKE IT AWAY.
UM, UH, QUESTION FOR THE FOLKS ON THE CITY SIDE CODE OR THE POLICE DEPARTMENT.
UM, AS FAR AS THE TRESPASSING ON THE PROPERTY, IS THERE A CTN FROM WITH THE POLICE DEPARTMENT FOR THIS, UH, CRIMINAL TRESPASS NOTICE BLANKET ORDER OF ANY KIND? I AM GONNA CALL THEM.
I JUST LEARNED DAY BEFORE YESTERDAY THAT I CAN DO, UM, WHAT'S CALLED IS, UH, NO
[00:35:01]
TRESPASS.THAT INFORMATION, I DIDN'T HAVE IT.
AND BECAUSE OF SNOW I WAS BUSY WITH OTHER THINGS, BUT THAT IS MY LIST TO CALL CRIMINAL TRESPASSES.
RECOGNIZE COMMISSIONER LOCKHART? SURE.
UH, THIS IS FOR THE PROPERTY OWNER.
THE STAFF'S RECOMMENDED ORDER IS FOR US TO ORDER A REPAIR WITHIN 45 DAYS AND THEN FINES TO BE IN ACCRUING.
DO YOU HAVE ANY ISSUE WITH US ADOPTING THAT ORDER IN ITS ENTIRETY? I HAVE A PERMIT THAT I'M GONNA BE WORKING ON.
SO REPAIRS ALREADY HAS BEEN DONE.
WHAT NEED TO BE DONE AT THIS POINT? JUST A RE REMODELATION OF THE PROPERTY, WHICH HAS A CURRENT PERMIT, AND I WILL DO SO.
SO YOU HAVE NO ISSUE WITH KIND OF THE ORDER AS IT WAS READ, UH, THE 45 DAYS, RIGHT? UH, I, I DON'T, I WOULDN'T KNOW WHAT THE, THE ISSUES ARE TO REPAIR.
UNLESS THE COMMISSION, HOW DO I HAVE A PLAN? UNLESS THE COMMISSION HAS MORE QUESTIONS.
UH, SOME OF THE, UH, SOME SPEAKERS ACTUALLY CAME IN ON THIS, SOME INTERESTED PARTIES, AND WE'RE GONNA GO AHEAD AND, UH, LET THEM SPEAK 'CAUSE THEY DID MAKE IT OUT HERE.
AND WE'LL START WITH, UH, SAMANTHA SMOOT, WHO? YEAH.
SO IF YOU DON'T MIND TAKING THAT PODIUM RIGHT THERE, AND YOU'LL HAVE THREE MINUTES.
OH, YOU WEREN'T HERE WHEN, UH, WE SWORE PEOPLE IN, RIGHT? THAT'S RIGHT.
AND IS I, I THINK WE HAVE ANOTHER SPEAKER WHO IS ALSO GONNA SPEAK HERE IN A MOMENT THAT WAS NOT HERE WHEN WE DID THE OATH.
UH, BONNIE ORR, YOU MIND ALSO STANDING UP AND TAKING THE OATH, UH, WITH MRS. SMOOT.
DO EACH OF YOU, OH, WHENEVER YOU'RE READY.
DO EACH OF YOU, UH, SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? AND IF SO, PLEASE SAY I DO.
GO AHEAD AND, UH, TAKE A SEAT.
UM, THANK YOU COMMISSIONERS FOR YOUR TIME TONIGHT.
THANK YOU FOR TAKING UP THIS CASE.
I'M THE PROPERTY IMMEDIATELY TO THE SOUTH OF 4 0 9 EAST, UH, MONROE.
AND, UM, I WAS PRESENT WHEN SOMEONE HURRIED UP MY STAIRS AND HANDED ME A NOTICE OF A DEMOLITION THAT WAS SUPPOSED TO HAPPEN THAT DAY.
UM, I WENT OVER TO THE PROPERTY AND WAS SURPRISED.
UM, THEY WERE JUST WAITING ON THE BULLDOZERS.
OTHER NEIGHBORS HEARD, CAME AND STOPPED THE BULLDOZERS, THANK GOODNESS, BECAUSE THERE WAS NO PERMIT TO TEAR DOWN THE BUILDING.
AND THE DEMO COMPANY HAD BEEN INSTRUCTED TO START WITH THE MAIN STRUCTURE.
UM, EVER SINCE THEN, UM, UH, IT'S BEEN A LONG ROAD.
THERE HAVE BEEN SQUATTERS IN THE BUILDING.
WE'VE BEEN WORRIED ABOUT A FIRE RISK.
THERE'S BEEN GANG TAGS ON THE, UH, GARAGE, APARTMENT TWICE, INCLUDING CURRENTLY NOW.
FREQUENTLY, UH, THE BACK DOOR OF THE MAIN STRUCTURE HAS BEEN LEFT OPEN.
UH, AND AS YOU'VE HEARD, A COUPLE OF WINDOWS HAVE BEEN BROKEN.
UM, WE BELIEVE THAT THE STRUCTURE IS STILL FUNDAMENTALLY VERY SOUND.
IT'S A VERY IMPORTANT STRUCTURE TO OUR, TO OUR NEIGHBORHOOD.
ALL FOUR BUILDINGS ON THAT, UH, BUSY CORNER ARE CENTURY HOMES.
UM, WHEN, UM, THIS HAPPENED AND THEN THE CASE WAS TAKEN TO THE HISTORIC LANDMARK COMMISSION, THEY TOLD US THAT MORE PEOPLE CAME OUT IN SUPPORT OF RESERVING THIS HOUSE AND HAD EVER SHOWN UP AT THAT COMMISSION MEETING.
UM, I KNOW THERE ARE MANY, A FEW HERE TODAY, AND THERE ARE MANY MORE WHO CARE DEEPLY ABOUT THIS STRUCTURE.
OUR, UM, WE, WE DON'T UNDERSTAND WHY THERE'S BEEN RUBBLE.
WE DON'T UNDERSTAND WHY THE BUILDING HASN'T BEEN SECURED TO BE PRESERVED.
WE KNOW THAT PERMITS, UH, ARE IN PLACE, BUT WE, UM, DON'T KNOW WHY SINCE THE STRUCTURE OF THE BUILDING, UH, MUST BE PRESERVED, THAT IT'S NOT BEING CARED FOR BETTER NOW, WE HAVE, UM, PURSUED REMEDIES WITH THE CITY OF AUSTIN CODE DEPARTMENT FOR THREE YEARS, TWO, TWO AND A HALF YEARS NOW.
OUR FIRST INSPECTOR TRAGICALLY DIED IN A CAR ACCIDENT.
OUR SECOND INSPECTOR WAS SIDELINED, UH, IN A CAR ACCIDENT AND OUT OF WORK FOR MANY, MANY MONTHS.
UM, THE FIRST SET OF FILINGS HAD A,
[00:40:01]
A, A TYPO OR A MISTAKE, SO THE LEGAL DEPARTMENT THROWN THEM OUT INCH SHORT.IT'S GONE ON FOR FAR TOO LONG.
I REALLY HOPE THAT YOU ALL WILL TAKE ACTION AND GO WITH THE STAFF'S RECOMMENDATION HERE.
UM, AND, UM, I THINK THAT IS ALL I HAVE TO SAY.
AND THEN LAST BUT NOT LEAST, WE'LL HAVE, UH, MRS. ORR.
MY NAME IS BONNIE ORR AND I LIVE NEXT DOOR TO THE HOUSE AT 4 0 5 MONROE STREET.
AND FOR THE PAST THREE YEARS, THE HOUSE HAS BEEN NEGLECTED.
THERE'S BEEN A PILE OF TRASH IN THE YARD, WHICH WE CAN SEE FROM OUR SIDE WINDOW, BUT I NOTICED IT WAS JUST CLEANED UP IN THE LAST FEW DAYS.
UH, SEVERAL WINDOWS AND DOORS HAVE BEEN CONTINUALLY LEFT OPEN.
THE FENCE IS INADEQUATE TO KEEP PEOPLE IN ANIMALS OUT.
THIS HOUSE IS A HOUSE IN A NATIONAL HISTORIC REGISTER NEIGHBORHOOD AND SEVERAL OF THE HOUSES SURROUNDING IT, INCLUDING THE HOUSE WE LIVE IN, WHICH WAS BUILT ABOUT THE SAME TIME AS THIS HOUSE, UM, HAVE HISTORIC, HISTORIC DESIGNATIONS.
THE HOUSE AT 4 0 9 WAS BUILT IN 1906, AND AT ONE POINT IT WAS OCCUPIED BY THE SONS OF HERMAN, WHICH IS A FRATERNAL GROUP DEDICATED TO, UH, HELPING RECENT GERMAN IMMIGRANTS TO THE US IN THE EARLY 19 HUNDREDS.
THAT GROUP STILL EXISTS TODAY.
UH, LATER THE HOUSE WAS HOME TO SEVERAL FAMILIES.
THE HISTORIC LANDMARK COMMISSION HAS SAID THAT THIS IS A HOUSE WORTH SAVING.
THE HOUSE ITSELF IS BUILT ON SOLID LIMESTONE, AND IT'S BUILT WITH OLD GROWTH LONGLEAF PINE, WHICH IS NO LONGER EVEN AVAILABLE TODAY.
UH, THE INSIDE HAS BIG ROOMS WITH LARGE WINDOWS, WOOD FLOORS, AND A BIG STONE FIREPLACE.
THERE ARE PORCHES IN THE FRONT IN THE FIRST AND SECOND FLOORS.
THE HOUSE IS SOLID AND STRONG, AND IT WAS BUILT TO LAST AND IT WILL LAST.
FOR THE PAST THREE YEARS, SEVERAL WORK PERMITS HAVE BEEN FILED, BUT THEY HAVE BEEN ALLOWED TO EXPIRE WITH NO WORK DONE.
UH, WE'VE BEEN TOLD SEVERAL TIMES THAT WORK WILL BEGIN NEXT WEEK, BUT THAT NEVER HAPPENS.
NOTHING HAS BEEN DONE TO RESTORE THIS HOUSE OR EVEN TO PRESERVE IT IN THE PAST THREE YEARS.
PLEASE HELP US TO PRESERVE THIS STRONG WILL BUILT HOUSE, THAT PART OF AUSTIN'S HISTORY.
WITH THAT, I BELIEVE WE ARE AT THE END OF, UH, THE INTERESTED PARTIES.
UH, I MUST MAKE AN INSTRUCTION, UM, BECAUSE, UH, IT LOOKS LIKE I MADE A MISTAKE, SO THIS ONE'S ON ME.
BUT, UH, MRS. MELANIE, I MUST INSTRUCT THE COMMISSION THAT MRS. MELANIE SHERWOOD, WE FAILED TO SWEAR HER IN BEFORE HER TESTIMONY, AND SO THEREFORE, UM, TECHNICALLY WE MUST DISCOUNT THAT TESTIMONY.
UM, BUT EVERYONE ELSE, UH, WAS SWORN IN, SO WE ARE ALLOWED TO CONSIDER THEIR TESTIMONY.
WITH THAT, I'M GONNA MOVE US BACK INTO THE COMMISSIONER'S QUESTION SECTIONS.
I JUST HAD ONE, UM, UNLESS SOMEONE WANNA I HAVE ONE MORE QUESTION.
AND MS. MARTINEZ, UH, CHAIR RECOGNIZED HOW LONG HAS THE HOUSE BEEN VACANT? LIKE NO ONE LIVED THERE.
UH, PREVIOUS OWNER HAS TENANT, SO IN ORDER FOR US TO GET A DEMO PERMIT OR PERMIT, WE HAVE TO TENANT OUT.
SO I'VE BEEN OUT ALMOST THREE YEARS, SO IT'S BEEN THREE YEARS SINCE SOMEONE LIVED THERE.
THERE'S NO POWER OR WATER THERE YET.
THERE'S NOBODY LIVED THERE YET.
SO NO ONE'S LIVED THERE IN THREE YEARS? CORRECT.
BUT BEFORE THAT, THERE WAS, SO IN 2022, SOMEBODY LIVED? THERE MAY BE, YEAH, MID 2022.
I, I DON'T HAVE EXACT DATE, BUT WE DID, UH, ACQUIRE PROPERTY 2022, I WANNA SAY NOW, 2023.
SO, UH, UH, IT HAS BEEN EVACUATED FOR THREE YEARS.
UH, CHAIR RECOGNIZES, UH, ROBERT, I'M SORRY, CAMERON MOORE.
UH, CHAIR RECOGNIZES, UH, ROBERT MOORE CITY, THE THANK YOU, THE DIVISION MANAGER, ROBERT MOORE, UH, DIVISION MANAGER FOR CASE REVIEW AND ESCALATIONS DIVISION.
I JUST WANTED TO MAKE THE COMMISSION AWARE THAT THERE ARE NO ACTIVE PERMITS RIGHT NOW.
UH, THEY'RE EXPIRED, SO I DIDN'T KNOW IF YOU KNEW THAT, BUT, UH, YOU DO NOT HAVE ANY PERMITS RIGHT NOW.
UM, AND ALSO, I JUST WANTED TO, JUST SO YOU'RE AWARE THAT EVEN IF YOU DID HAVE PERMITS, THAT MEANS THE VIOLATIONS ARE STILL THERE.
YOU WOULD HAVE TO REPAIR, FIX THE VIOLATIONS, AND THEN FINALIZE THE PERMITS, THEN YOU'D BE IN COMPLIANCE.
CORRECT? IT SAYS FEBRUARY 11TH ON MY A BC FOLDER.
UH, BUT I, THAT'S WHAT I CHECKED, BUT I'LL DOUBLE CHECK ON.
THEY EXPIRED IN OCTOBER OF, WHAT? IS THAT 27TH OR? NO, HERE'S EXPIRED.
SO THEY'VE BEEN EXPIRED FOR YEARS.
IT'S DID THEY GET THE RIGHT ADDRESS? I DON'T, 4 0 9.
IT SHOULD, IT SHOULD HAVE BEEN ON THERE.
[00:45:01]
WELL, YOU'LL HAVE TO WORK THAT OUT WITH THEM.I I JUST HAD ONE MORE QUESTION FOR, UH, THE CODE OFFICER.
SO JUST TO BE CLEAR, WHAT IS, WHAT IS THE CURRENT VIOLATION THAT NEEDS TO GET CLEANED UP UNDER THIS ORDER? WHAT, WHAT DOES, UH, THIS OWNER NEED TO DO TO AVOID ANY FINES? YEAH, AND OF COURSE THE, THE, THE VIOLATION NOTICES, BUT YOU KNOW, KIND OF MORE IN MORE COLLOQUIAL TERMS, THERE'S TWO TOTAL VIOLATIONS THAT STILL STAND.
AND THEN I BELIEVE, UH, UH, COMMISSIONER IBARRA, DID YOU HAVE A FOLLOW UP? OKAY.
UH, WITH THAT, I BELIEVE I MOVE TO CLOSE THIS PORTION OF THE HEARING AND MOVE ON TO THE DISCUSSION BETWEEN THE COMMISSIONERS.
WE'LL DO A VOICE VOTE AND THEN YOU CAN MOVE ON.
I'LL MOVE TO CLOSE THE EVIDENTIARY PORTION OF THE HEARING.
UH, WE WILL CALL A VOICE VOTE.
ALL THOSE IN FAVOR OF MOVING TO, UH, CLOSING THE EVIDENTIARY PORTION, PLEASE SAY AYE.
I BELIEVE THAT'S SEVEN VOTES IN FAVOR.
UH, WHICH MEANS, SO WE'VE NOW CLOSED THE EVIDENTIARY PORTION, BUT IF YOU WOULD REMAIN UP THERE, UH, THIS SAY IN CASE WE HAVE ANY FOLLOW UP QUESTIONS, UH, THAT'D BE HELPFUL.
UM, I THINK I'LL JUST KICK US OFF BY MOVING TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW BY, BY CITY STAFF AND ADOPT THE ORDER IN ITS ENTIRETY.
ANY DISCUSSION WITH THAT? WE'RE GONNA GO AHEAD AND PROCEED TO A ROLL CALL VOTE.
WE'LL START WITH COMMISSIONER GARZA.
AND THE CHAIR VOTES, AYE, THAT'S UNANIMOUS.
UH, WHICH MEANS WE HAVE ADOPTED STAFF'S FINDING AND CONCLUSIONS OF LAW AND ADOPT THE ORDER IN ITS ENTIRETY, AND I BELIEVE THAT WILL BE MAILED TO YOU.
AND WITH THAT, WE WILL CALL THE NEXT ITEM ON OUR AGENDA.
I MEAN, YOU CAN GAVEL EVERY TIME.
SAY AGAIN? YOU CAN GAVEL EVERY TIME, BUT I DON'T THINK YOU HAVE TO.
YEAH, BUT I WANT TO, I WANTED TO, WHAT'S THE POINT OF THE GAVEL IF WE CAN'T USE IT? OKAY.
UH, DO, DOES STAFF HAVE ANY PREFERENCE FOR THE NEXT CASE THEN? MR. MU GROVE? HE SECONDED, RIGHT? JOHN LOVICH? I THINK WE HAVE,
[2. Case Number: CL 2025-148499]
I THINK WE JUST HAVE A FEW MORE.WELL THEN LET'S GO WITH, UH, AGENDA ITEM NUMBER TWO, CL 20 25 1 4 8 4 9 9 ON MIRIAM AVENUE.
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 20 25 1 4 8 4 9 9.
AND IT'S REGARDING AN UNOCCUPIED RESIDENTIAL PROPERTY LOCATED AT 1704 MIRIAM AVENUE.
THE EXHIBITS CAN BE FOUND IN THE VIOLET COLORED BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPENED IN AUGUST, 2023 FROM A COMPLAINT REGARDING THE ROOF OF A RESIDENTIAL STRUCTURE.
CAVING IN A DEMOLITION APPLICATION IS CURRENTLY IN THE PLAN REVIEW PROCESS.
THIS RESIDENTIAL STRUCTURE IS CONSIDERED UNLIVABLE AS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRES DEMOLITION IN YOUR READERS.
IN GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2D, AND THE RECOMMENDED ORDER CODE INSPECTOR MICHAEL LARNER IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS
[00:50:01]
AS THEY'RE DEPICTED.INSPECTOR LARNER, PLEASE BEGIN YOUR TESTIMONY.
I AM AN INSPECTOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL SINGLE STORY LOCATED AT 1704 MERRIAM AVENUE.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS 1704 MERRIAM AVENUE, LLC ON AUGUST 16TH, 2023.
I RECEIVED A COMPLAINT FOR THIS PROPERTY THROUGH A THREE 11 CALL FOR ROOF CAVING.
IN ON AUGUST THE 16TH, 2023, I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
I OBSERVED AN OLD HOUSE WITH AN OLD ROOF ATTACHED.
THE ROOF LINE HAD BUCKLED TOWARDS THE BACK OF THE HOUSE AND APPEARED UNSTABLE AND FIXING TO COLLAPSE.
I OBSERVED A WINDOW UNIT HANGING UNSTABLE FROM A WINDOW ON THE NORTH SIDE OF THE HOUSE.
THE EXTERIOR WALLS TO THE HOUSE NEEDED TO BE WEATHERPROOFED TO PREVENT DETERIORATION.
I ALSO OBSERVED ROTTED FACIA BOARDS THAT NEEDED TO BE REPAIRED.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER AT THE TIME BACK IN 2023 TO A BOBBY JEAN LEAR DETAILING THE DESCRIPTION OF THE VIOLATION.
ON AUGUST 21ST, 2023, THE PROPERTY OF 1704 MERRIAM AVENUE WAS POSTED WITH THE NOTICE OF VIOLATION ON SEPTEMBER 19TH, 2023.
ON SEPTEMBER 20TH, I RECEIVED A PHONE CALL FROM THE PROPERTY OWNER, BOBBY LEAR, THAT SHE HAD JUST RECEIVED MY NOTICE OF VIOLATION.
WHEN IT WAS POSTED TO THE PROPERTY, MS. LEAR SAID SHE HAD BEEN JUST BEEN RELEASED FROM THE HOSPITAL.
SHE LIVED ALONE, HAD NO MONEY TO FIX THE ROOF.
I WORKED WITH MS. LEAR, ALONG WITH SCOTT, UH, MATA, OUR SOCIAL WORKER WITH THE AUSTIN CODE, UH, COMPLIANCE, AND WAS ABLE TO GIVE MS. LEAR ALTERNATIVE HOUSING SINCE HER HOME WAS IN DISREPAIR.
I PERFORMED FOLLOW-UP INSPECTIONS ON THE HOUSE THROUGH THE YEARS 20 23, 24 AND 25.
ON DECEMBER 18TH, 2025, I HAD SPOKEN TO SCOTT MATA, OUR SOCIAL WORKER, AND LEARNED THEIR PROPERTY HAD BEEN SOLD AND UNDER NEW MANAGEMENT.
THE NEW OWNERS WERE 1704 MERRIAM AVENUE, LLC.
NEW NVS WERE SENT OUT DECEMBER 22ND, 2025 TO THE NEW OWNER AND REGISTERED AGENTS.
ON JANUARY 28TH, 2026, I CHECKED AMANDA AND FOUND THE PR PLAN WAS IN REVIEW AND DATED JANUARY 23RD, 2026 FOR NEW CONSTRUCTION OF A DUPLEX AND SINGLE FAMILY RESIDENCE.
I ALSO FOUND IN AMANDA, UH, A BUILDING PERMIT, UH, ELECTRICAL PERMIT AND A PLUMBING PERMIT WITH PENDING PERMITS WITH DSD FOR THE TOTAL DEMO OF THE PROPERTY.
UH, I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS PRESENTED.
PHOTOGRAPH TWO A IS A CONTEXTUAL PHOTO OF THE HOUSE.
UH, AS YOU CAN SEE, THE WATER WASTEWATER HAD TAKEN DOWN THE FENCE THAT WAS AROUND THE PROPERTY.
THE YELLOW POST IS WHERE THE GAS METER IS, AND NEXT TO THAT IS A HOLE, UH, DETAILING THE WATER LINE THAT HAS BOTH BEEN SHUT OFF.
THE GAS AND WATER HAD BEEN SHUT OFF AT THIS PROPERTY.
UH, TWO B IS ANOTHER CONCEPTUAL PHOTO OF THE HOUSE.
IT'S NOT A VERY GOOD, UH, SLIGHT LINE OF THE ROOF, BUT IN THE FAR BACK, UH, UP ABOVE YOU CAN SEE THE COLLAPSE OF THE ROOF.
MS. LEAR HAD TOLD ME THAT THE SOMEONE HAD COME OUT, UH, ROOF REPAIRMAN HAD COME OUT TO PUT A TARP OVER THE ROOF, BUT OVER THE YEARS IT HAD DISINTEGRATED AND BLOWN AWAY.
UH, THE HOUSE IS, UH, IN DISREPAIR.
IT WAS BUILT BACK IN THE EARLY 1930S.
I BELIEVE MS. LEAR INDICATED THAT IT BELONGED TO HER GRANDMOTHER.
UM, GO TO THE NEXT PHOTO IF THERE'S ANY NEXT PHOTO.
TWO C IS A MORE CLOSE UP OF THE HOUSE.
UH, AS YOU CAN SEE, THE WINDOW UNIT THAT'S BACK THERE FIXING TO FALL OFF, UH, YOU CAN SORT OF SEE THE ROOF UP THERE AT THE TOP, WHICH IS, UH, BASICALLY CAVED IN, ALMOST COLLAPSING ON ITSELF.
MS. LEAR HAD NO, UH, ELECTRICITY TO THE HOUSE, UH, OR WATER AT THE TIME.
2D IS A SHUTTLE, UH, PHOTO OF THE FRONT DOOR SHOWING THE ADDRESS OF 1704.
UH, THEY HAD KNOCKED DOWN SOME TREES TO, UH, DISCONNECT THE GAS AND WATERLINE TO THE HOUSE.
THAT'S PRETTY MUCH, UH, MY TESTIMONY.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
'CAUSE OF THE EXISTING CONDITION CONDITIONS, BECAUSE OF THE EXISTING CONDITIONS
[00:55:01]
SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE, EXCUSE ME, JAMES, BECAUSE MY, 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 ELEMENT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2D.
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 DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED AND C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
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 AND SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
AND THEN DO WE HAVE AN OWNER'S REPRESENTATIVE HERE TONIGHT? AND IF THEY'RE NOT HERE, THEN I'LL GO AHEAD AND ADMIT THE EXHIBITS.
AND I DON'T BELIEVE WE HAVE ANY OTHER INTERESTED PARTIES ON THIS.
SO DOES COMMISSION HAVE ANY QUESTIONS FOR CITY STAFF ON THIS ONE? I GUESS I DO.
ARE THEY, HAVE THE NEW OWNERS BEEN COOPERATIVE, YOU FEEL CONFIDENT THAT THEY'RE GONNA BE ABLE TO GET THIS DONE WITHIN THE ORDER OR WHAT DO YOU THINK? FANTASTIC.
WELL IF THAT'S THE CASE, THEN I, I'D LIKE TO MOVE TO, UH, CLOSE THE, UH, EVIDENTIARY PORTION OF THE HEARING.
UH, AND WE'LL JUST DO A, A VOICE CALL VOTE.
UH, I'LL GO AHEAD AND MOVE TO ADOPT, UH, THE CITY'S FINDINGS OF FACT AND CONCLUSION OF LAW AND ADOPT THE ORDER IN ITS ENTIRETY.
SECONDED HERE, I GOTTA WRITE THAT DOWN.
UH, AND UM, IF THERE'S NO DISCUSSION THEN WE'LL GO AHEAD TO A VOICE VOTE STARTING WITH COMMISSIONER GARZA.
SEVEN OH, UH, WE'VE ADOPTED IT AND WE'LL GO
[5. Case Number: CL 2025-145818]
AHEAD AND MOVE ON TO, I SEE WE HAVE, UH, A THIRD PARTY, AN INTERESTED PARTY SPEAKER FOR AGENDA ITEM FIVE.SO UNLESS THERE'S ANY OBJECTION, LET'S MOVE ON TO THAT ONE.
SORRY, DID YOU SAY ITEM NUMBER FIVE? ITEM NUMBER FIVE, PLEASE? YES.
ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 20 25 14 5 8 18 AND IS REGARDING AN UNOCCUPIED RESIDENTIAL PROPERTY LOCATED AT 2 0 2 GOODRIDGE AVENUE.
THE EXHIBITS CAN BE FOUND IN THE GOLDEN YELLOW BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS OPEN IN AUGUST, 2023 FROM A COMPLAINT REGARDING AN OPEN AND ACCESSIBLE RESIDENTIAL STRUCTURE.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY RELATED TO THE SIGHTED VIOLATIONS.
THIS RESIDENTIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD AND, UH, WITH UNSAFE CONDITIONS THAT REQUIRE DEMOLITION.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRE NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J AND THE RECOMMENDED ORDER CODE INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATIONS TEAM OF THE AUSTIN DEVELOPMENT DEPARTMENT.
THIS PROPERTY WAS ORIGINALLY CALLED IN AS ABANDONED STRUCTURE WITH HOMELESS, OCCUPYING BOTH THE PROPERTY AND THE STRUCTURE AFTER SEVERAL BOARD SECURE CALLS AS WELL AS CALLS FOR SERVICE FOR BOTH FIRE AND POLICE.
I'M BRINGING THIS PROPERTY TO BE A C TO S, THE COMMISSIONERS FOR AN ORDER FOR DEMO.
THE STRUCTURE HAS BEEN VACANT AND ABANDONED FOR YEARS.
[01:00:01]
CODE HAS TRIED SEVERAL WAYS TO TRY AND CONTACT THE PROPERTY OWNER THROUGH A NUMBER OF SIDE INSPECTIONS.I OBSERVED THE FOLLOWING SEVERE DETERIORATION OF THE STRUCTURE, SEVERAL INCIDENTS OF ILLEGAL DUMPING ALONG WITH SEVERAL ISSUES WITH PEOPLE EXPERIENCING HOMELESSNESS COMING ONTO THE PROPERTY, BREAKING INTO THE STRUCTURE, STARTING FIRES ON THE PROPERTY.
THE CITY'S HAVING TO MAINTAIN THE PROPERTY.
A MAJOR CLEANUP WAS DONE TO CLEAR OUT THE ENTIRE PROPERTY TO PROVIDE, TO PROVIDE A SIGHT LINE UNDER THE CANOPY OF TREES TO HELP WITH PREVENTION OF FIRES AND SAFETY OF THE NEIGHBORHOOD PROPERTIES.
I WILL NOW TAKE YOU THROUGH THE PHOTOS MARKED TWO A THROUGH 2K.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE MAIN STRUCTURE.
THIS DOES THE SHOW, THE STRUCTURE SECURE AND ALL THE VEGETATION HAS BEEN REMOVED.
NEXT PHOTO EXHIBIT TWO B SHOWS A CONTEXTUAL PHOTO OF THE RIGHT SIDE OF THE MAIN STRUCTURE.
NEXT PHOTO EXHIBIT TWO C SHOWS A CLOSEUP VIEW OF THE RIGHT SIDE OF THE STRUCTURE.
IT DOES HAVE A HOLE IN THE ROOF AND IS LETTING IN THE ELEMENTS OF NATURE INTO THE STRUCTURE.
PHOTO D IS A VIEW OF THE BACK OF THE STRUCTURE.
NEXT PHOTO TWO E IS A CLOSEUP OF THE MIDDLE OF THE ROOF WHERE PLASTIC IS COVERING ANOTHER HOLE.
THIS IS THE LEFT SIDE OF THE STRUCTURE AND A TREE THAT HAS JUST FALLEN ON THE FRONT SIDE OF THE STRUCTURE ON THE FAR RIGHT.
NEXT PHOTO TWO G IS A CLOSEUP VIEW OF THE PLYWOOD THAT WAS USED FOR FASCIA BOARD, BUT WAS NEVER PAINTED OR INSTALLED CORRECTLY.
NEXT PHOTO EXHIBIT TWO H IS A CLOSEUP OF THE LEFT SIDE OF THE STRUCTURE AND THE WINDOWS MISSING THE GLASS AND THE FRAMING.
NEXT PHOTO EXHIBIT TWO I IS A CLOSEUP OF THE TREE THAT HAS COLLAPSED ONTO THE ROOF.
THIS IS ACTUALLY WHAT THE PROPERTY LOOKED LIKE BEFORE I DID THE EXTENSIVE CLEANUP OF ALL THE BRUSH.
UM, IT WAS LIKE THAT THROUGHOUT THE ENTIRE PROPERTY.
THIS PROPERTY HAS BEEN VACANT FOR SOME TIME.
THERE HAVE BEEN SEVERAL CALLS FOR SERVICE FOR FIRE AND POLICE, ALONG WITH HAVING TO BE HAVING TO BE BOARD AND SECURED SEVERAL TIMES.
UH, THE ESTIMATED COST OF IS GOING OVER $7,867.
I WOULD LIKE TO HAVE THE COMMISSION TO CONSIDER TO ADOPT STACK OF RECOMMENDATIONS FOR, FOR DEMOS SO THIS BLIGHT IN THE COMMUNITY CAN BE RESOLVED.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED 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 REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RAKED.
AND C REQUEST INSPECTIONS FROM THE CITY OF AUSTIN DEVELOPMENT SERVICES, UH, TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
UM, IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE UNNOTICED THAT THE CO UH, 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 ACRE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THAT THE CITY CONCLUDES THIS PRESENTATION.
AND DO WE HAVE THE PROPERTY OWNER HERE THEN? IF THEY'RE NOT HERE, I'LL GO AHEAD AND ADMIT, UH, THE CITY'S EXHIBITS ONE AND, UH, EXHIBITS TWO A THROUGH TWO J AND WE'LL MOVE ON TO THE, UH, INTERESTED PARTY SEGMENT.
AND IF WE COULD HAVE MRS. LISA SUTHERLAND GO AHEAD AND, UH, YOU COULD SIT RIGHT THERE.
I LIVE DIRECTLY ACROSS THE STREET FROM 2020 GOODRICH, AND, UM, WE SAW THE SIGN OUT FRONT AND WE'RE JUST INTERESTED IN WHAT WAS HAPPENING WITH THE PROPERTY.
WE SUPPORT AND HOPE THAT YOU WILL TEAR IT DOWN.
IT HAS GONE FROM AN OCCUPIED HOME FROM WHEN WE MOVED IN 30 YEARS AGO, UM, TO SLOWLY DETERIORATING TO THE PAST YEAR.
THINGS HAVE JUST REALLY ESCALATED WITH PEOPLE LIVING THERE AND THE FIRES AND THE POLICE AND THE, AND IT'S, IT'S TIME FOR THAT LITTLE HOUSE TO GO.
SO WE'RE HERE JUST TO SUPPORT THAT DECISION.
UM, WE ALSO HAVE HEARD THROUGH THE GRAPEVINE BECAUSE WHEN ALL OF THIS WAS
[01:05:01]
GOING DOWN WITH THE POLICE WERE THERE AND THE P THE FIRE DEPARTMENT ALMOST, IT FELT DAILY FOR A WHILE THIS SUMMER, EVERYBODY IN THE NEIGHBORHOOD WAS TRYING TO TRACK DOWN THE OWNER, BECAUSE I DO REMEMBER WHEN HE LIVED THERE.AND, UM, THE, THE, WHAT I HAVE HEARD THROUGH OTHER NEIGHBORS IS THAT THEY DID GET IN TOUCH WITH, UH, MIKE'S, UH, BROTHER WHO LIVED, I THINK, IN HOUSTON, AND THAT HE HAD PASSED, THAT MIKE HAD PASSED AWAY IN 2022.
SO AGAIN, THAT'S RUMOR, BUT THAT WAS, UM, WHICH MAKES SENSE TO ME.
I USED TO SEE HIM COME BY AND CHECK ON THE PROPERTY EVEN WHEN HE WASN'T LIVING THERE.
BUT, UM, I'VE NOT SEEN HIM FOR YEARS.
SO HE USED TO CARE ABOUT THAT PROPERTY.
AND EVEN THOUGH THE HOUSE WAS NEVER WELL TAKEN CARE OF, THE YARD WAS, AND WE HAVEN'T SEEN HIM IN A LONG TIME.
BUT THAT'S WHAT I, THAT'S WHAT WE'RE HEARING.
UH, WITH THAT, I, UNLESS DO WE HAVE ANY QUESTIONS? COMMISSIONER MARTINEZ, YOU SAID YOU HADN'T MADE CONTACT WITH THE OWNER, RIGHT? NO, WE'VE TRIED AND WE'VE TALKED TO SEVERAL NEIGHBORS TRYING TO FIND INFORMATION ON WHO IT WAS.
ARE, ARE THEY CURRENT ON TAXES, PROPERTY TAXES? NO.
SO THE, I WAS, I WAS WONDERING IF THE, IF THE OWNER WAS DECEASED OR SOMETHING LIKE THAT.
MAYBE THAT'S, THAT'S WHAT WE JUST HEARD TONIGHT.
BUT OUR INVESTIGATIVE CREW CAN TELL YOU MORE.
I CHECKED TO SEE IF THE, UH, COUNTY HAD FILED A SUIT FOR, UH, YOU KNOW, DELINQUENT TAXES AND, UH, NONE SUCH HAS BEEN FILED YET.
HOW MANY YEARS DO YOU KNOW? UH, SIX YEARS.
YEAH, I THINK, UH, I DON'T REMEMBER THE TOTAL, BUT IT WAS PRETTY HEFTY.
UH, ANY OTHER QUESTIONS FROM COMMISSIONERS? THEN? I'LL GO AHEAD AND MOVE TO, OH, EXCUSE ME, I APOLOGIZE.
UM, YES, WITH, WITH YOUR PERMISSION, I'D LIKE TO ASK STAFF A QUESTION.
UM, YES, INSPECTOR, JUST TO BE SURE, I KNOW THAT YOU ALL PERFORMED AN EXTENSIVE INVESTIGATION.
CURRENTLY WHAT'S BEING REQUESTED IS A DEMOLITION OF THE STRUCTURE.
UM, AND I UNDERSTAND THAT YOU ALL HAVE DONE AN EXTENSIVE INVESTIGATION INTO THE OWNER.
UM, DID YOU ALL, BY CHANCE CONTACT THE BROTHER? DO WE HAVE ANY MORE INFORMATION ABOUT THE OWNER'S STATUS? THAT'S THE FIRST TIME I'M HEARING ABOUT THE BROTHER.
'CAUSE I TRIED TO CALL THE SON A COUPLE OF TIMES AND HE NEVER WOULD RETURN PHONE CALLS.
THAT WAS THE ONLY KIND OF PERSON THAT I GOT FROM TALKING TO ALL THE NEIGHBORS.
UM, IN THAT CASE, AFTER THE MEETING, LET'S, LET'S CIRCLE BACK INTERNALLY.
AND JUST TO ELABORATE ON THAT A LITTLE BIT, UM, USUALLY WHEN, WHEN THEY'RE IS ESSENTIALLY JUST NO CONTACT, WE START KIND OF THINKING THE WORST.
SO WE USUALLY WILL, YOU KNOW, LOOK FOR OBITUARIES, UH, WE'LL LOOK FOR, UH, SUITS FOR PROBATE AND, UM, YOU KNOW, JUST KIND OF THINGS OF THAT NATURE.
UM, DIDN'T FIND ANYTHING IN THIS PARTICULAR MATTER WITH, WITH THIS PARTICULAR OWNER.
I APPRECIATE THAT MR. MR. KLES.
WITH THAT, I'LL GO AHEAD AND MOVE TO CLOSE THE PUBLIC, UH, EVIDENTIARY PORTION OF THE HEARING.
SECONDED BY, UH, COMMISSIONER MUSGROVE.
WE'LL GO AHEAD AND DO A VOICE VOTE.
AND THEN WE'LL GO AHEAD AND, AND GO TO DISCUSSION.
I'LL JUST GO AHEAD AND MOVE TO ADOPT THE CITY'S, UH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THEIR RECOMMENDED ORDER IN ITS ENTIRETY.
UH, ANY DISCUSSION THEN WE'LL GO TO A ROLL CALL VOTE.
UH, I THINK WE'RE READY TO MOVE ON TO THE NEXT ONE, UNLESS, ARE WE DYING FOR A BREAK OR ANYTHING LIKE THAT? I'M SAYING I THINK WE'RE GOT GOOD STEAM GOING RIGHT NOW.
[3. Case Number: CL 2025-105080]
[01:10:01]
LET'S GO AHEAD AND MOVE ON TO, UH, AGENDA ITEM NUMBER THREE, PLEASE.YOU SECONDED THAT ONE RIGHT? THE LAST ONE.
ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL UH, 2 0 2 5 5 8, AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 6 1 2 TURNSTONE DRIVE.
EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR READERS IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING FIRE DAMAGE, UH, RESIDENTIAL AND ACCESSORY STRUCTURES.
THE CASE WAS OPENED IN NOVEMBER, 2024 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.
THE STRUCTURE IS AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS WITH UNSAFE AND SUBSTANDARD CONDITIONS, WHICH REQUIRE DEMOLITION.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, UH, A FIRE INCIDENT REPORT, AND A POLICE ACTIVITY REPORT.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K, AND THE RECOMMENDED ORDER CODE INSPECTOR BEN MUNOZ IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR MUNOZ, PLEASE BEGIN YOUR TESTIMONY.
OH, UH, GOOD EVENING, COMMISSIONERS.
UH, MY NAME IS BEN MUNOZ AND I'M WITH THE, UH, UH, CODE INSPECTOR FOR THE CITY OF AUSTIN, UH, CODE COMPLIANCE DEPARTMENT.
UH, THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY AT 46 12 TURNSTONE AS, UH, PREVIOUSLY STATED HERE BY, UH, MR. EVERWINE.
UH, THE OWNERS OF RECORD WERE IDENTIFIED AS MANUEL H ROMO AND MARIA D ROMO, UH, ON NOVEMBER 21ST, 2024 CODE RECEIVED, UH, ANOTHER COMPLAINT FOR THIS PROPERTY THROUGH 3 1 1.
AN INITIAL INSPECTION WAS PERFORMED ON THE 22ND OF NOVEMBER OF 2024, WHERE MULTIPLE STRUCTURAL DEFICIENCIES WERE FOUND ON APRIL 30TH, 2025.
THE PROPERTY WAS, UH, REPOSTED WITH A NOTICE OF VIOLATION, UH, BETWEEN THE 22ND OF, UH, NOVEMBER 22ND, 2024 THROUGH JANUARY 15TH, 2026.
MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE AND NO DEFICIENCIES HAVE BEEN ADDRESSED, UH, BY THE OWNER TO DATE.
UH, THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE A REPRESENTATION OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE, UH, SINGLE FAMILY STRUCTURE AND ITS AREAS.
UH, WE CAN START WITH THE, UH, PHOTO TWO A.
UH, THIS PHOTO, UH, IS A CONTEXTUAL PHOTOGRAPH OF THE PROPERTY, ALONG WITH A TEMPORARY FENCE THAT, UH, THE CITY INSTALLED TO TRY AND SECURE AND LIMIT THE PROPERTY FROM CONTINUING, UH, FROM CONTINUING TO BE AN ATTRACTIVE, UH, NUISANCE IN THE NEIGHBORHOOD.
THIS IS A, A PHOTOGRAPH TWO B.
UH, THIS PHOTOGRAPH, UH, OF THE ADDRESS, YOU CAN SEE THE ADDRESS, THE NUMBERS THAT HAVE ACTUALLY FALLEN THERE.
UH, AND YOU CAN SEE THE FASCIA AND SOFFITS ARE IN DISRESPECT, UH, DISREPAIR AND, AND IT'S MISSING PROP, UH, PROPER SURFACE COATING.
UH, YOU CAN ALSO SEE WHERE WE HAD TO ABOARD THE FRONT ENTRANCE DOOR, UM, AND PLACE A YELLOW PLACARD DUE TO EXTENSIVE FIRE DAMAGE THAT OCCURRED IN THE REAR OF THE STRUCTURE.
SO, UH, THIS IS A, UH, PHOTO TWO C.
THIS IS A PHOTOGRAPH OF THE RAIN GUTTERS THAT ARE IN DISRE, UH, DISREPAIR.
UH, YOU SEE A BROKEN WINDOW THERE ON THE LEFT SIDE.
UH, AND THEN THERE'S AN EXTENSION CORD THAT WAS PERMANENTLY, PERMANENTLY INSTALLED, UH, TO AN ELECTRICAL, UH, JUNCTION BOX THAT YOU COULD KIND OF BARELY SEE.
YOU HAVE TO ZOOM IN ON THAT PICTURE.
SO, UH, PHOTO 2D IS A PHOTOGRAPH OF AN OPEN, UH, SERVICE DISCONNECT, UH, WITH EXPOSED ELECTRICAL WIRING MEANT FOR AN AC UNIT THAT WAS REMOVED.
UH, AND THEN OF COURSE, UH, YOU COULD SEE THE REST OF THE ACCUMULATION OF RUBBISH AND GARBAGE.
THIS IS ANOTHER PHOTOGRAPH OF MORE GARBAGE ACCUMULATION ALONG WITH THE, UH, THE DISRUPTION FOR A SAFE PATH OF EGRESS.
UH, PHOTO TWO F IS A PHOTOGRAPH OF THE CONTINUED ACCUMULATION ACCOMPANIED BY THE SEVERELY BURNED, UH, SHED THAT YOU CAN SEE THERE TOWARDS THE REAR.
UH, THIS SHOWS THE DEVASTATION THE FIRE ALSO HAD IN THE MAIN STRUCTURE.
SO, EXHIBIT TWO G IS A CONTEXTUAL PHOTOGRAPH OF THE REAR OF THE STRUCTURE SHOWING WHERE A LARGE, UH, PORCH PATIO ONCE STOOD, ALONG WITH THE DAMAGED
[01:15:01]
STRUCTURAL WALLS AND ROOF, UH, WHICH EXPOSES THE INTERIOR TO RAIN.SO THE NEXT, UH, THREE SLIDES THAT WE'RE GONNA SEE HERE.
UH, THIS IS GONNA BE JUST MORE, UH, CONTEXTUAL EXAMPLES OF THE PILES OF GARBAGE.
UH, SOME OF 'EM, UH, MEASURED UP TO LIKE TWO FEET, UH, IN AREAS OF THE PROPERTY.
AGAIN, THIS IS MORE OF THE SAME, UH, CONTEXTUAL EXAMPLES OF THE PILES OF GARBAGE AND RUBBISH IN THE PROPERTY.
THIS, UH, TWO J IS ALSO MORE EXAMPLES OF, UH, THE PROPERTY, UH, WITH THE PILES OF GARBAGE.
THIS IS ANOTHER, ANOTHER PHOTOGRAPH SHOWING THE, UH, IT'S JUST A DIFFERENT ANGLE, BUT IT'S SHOWING THE REAR OF THE STRUCTURAL THAT, UH, SUSTAINED, UH, FIRE DAMAGE.
SO THIS IS GONNA BE THE INSIDE OF THE STRUCTURE, UH, TO L UH, UH, THIS SHOWS THE INTENSE FIRE DAMAGE TO THE STRUCTURAL MEMBERS.
AND THESE PHOTOS, YOU CAN SEE THE HEAVY CHARRING, UH, AND THE RAFTERS ALONG WITH SUNLIGHT, UH, COMING THROUGH THE CEILING.
THIS IS THE ONE WHERE YOU CAN ACTUALLY SEE THE SUNLIGHT COMING THROUGH THE CEILING, BUT AGAIN, IT'S THE SAME THING.
THE, UH, UH, STRUCTURAL MEMBERS OF, OF THE, UM, STRUCTURE HAVE BEEN HEAVILY, UM, AFFECTED BY THE FIRE.
UH, THIS WILL CONCLUDE MY PRESENTATION OF 46 12 TURNSTONE.
AND I'M OPEN TO ANY, UH, QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS WITH UNSAFE AND SUBSTANDARD CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
STAFF ALSO 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 DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY AND ANY ACCESSORY STRUCTURES, AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RIGGED.
AND C REQUEST INSPECTIONS FROM CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO 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 RESIDENTIAL STRUCTURE 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 ACCESS TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THE, 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 ITS PRESENTATION.
UH, MAY I MAKE A REQUEST OF COUNSEL? UH, WE'D LIKE TO, UH, STRICKEN A ONE PHOTOGRAPH FROM THE RECORD.
UM, IT'S, WE'LL, WE'LL NEED TO DO THAT BECAUSE OF, YES.
UM, SORRY, CHAIR, WOULD YOU, I THINK YOU WERE ABOUT TO ADMIT THE EXHIBITS.
UH, IF THERE IS NO, I THINK I, I'M SUPPOSED TO DO THAT AFTER THE OWNER HAS AN OPPORTUNITY OR THEIR REPRESENTATIVE.
BUT, UH, DO WE HAVE THEM ON THE PHONE OR IS THE REPRESENTATIVE HERE? AND IF THEY'RE NOT, THEN YEAH, I'LL GO AHEAD AND ADMIT EXHIBITS ONE AND THEN TWO A, TWO B, TWO C, 2D, TWO E TWO F TWO H TWO I TWO J.
2K, TWO L, TWO M, AND THAT'S IT.
UH, AND SO WITH THAT, DO, DOES COMMISSIONER HAVE ANY QUESTIONS? COMMISSIONER MARTINEZ, GO AHEAD.
DO YOU KNOW WHEN THE FIRE OCCURRED HERE? UH, WE WERE NOTIFIED OF THE FIRE, UM, BECAUSE OF A NEIGHBOR THAT CALLED.
UM, AND HE CALLED ME PERSONALLY AND HE SAID, HEY, YOU KNOW WHAT, THERE WAS A FIRE, BUT THE FIRE DEPARTMENT DIDN'T INITIALLY REPORT THAT TO US.
SO THE FIRE IS NOT THE REASON WHY IT'S VACANT? UH, WELL, IT, IT IS, UH, THEY COME AND GO.
THEY STILL, UH, HE ALLOWED HIS, HIS FRIENDS, HE'S HOMELESS, BY THE WAY, THE OWNER.
SO HE ALLOWS HIS, HIS, UH, HOMELESS, UH, FRIENDS BUDDIES TO STAY IN, IN THE, IN THE PROPERTY, EVEN THOUGH THERE'S NO HEAT, THERE'S NO ELECTRICAL IN THERE.
[01:20:01]
CORRECT.HE, HE, HE JUST LET THE HOUSE GO.
'CAUSE I EVEN SAW IN THERE THAT THERE WAS A DECEASED PERSON.
AND I FOUND THIS OUT THROUGH, UM, UH, THE NEXT DOOR NEIGHBOR.
AND I BELIEVE MY SUPERVISOR ALSO NOTIFIED, UH, UH, UH, CAME INTO CONTACT WITH THE POLICE DEPARTMENT.
THEY SAID THERE WAS A DECEASED, UH, WOMAN IN THERE.
UM, EXCUSE ME, I GOT THE, UH, THE DATE OF THE FIRE HERE.
IT WAS, UH, IT OCCURRED ON DECEMBER, UH, 10TH OF 2024.
I, I HAVE A QUESTION FOR THE OFFICER.
OWNER IS, YOU'RE IN CONTACT WITH THE OWNER, BUT HE'S ALSO HOMELESS.
THE, THE LAST TIME HE COMMUNICATED WITH ME WAS APRIL OF 2025.
AND, UH, AND HE SAID, HE SAYS, I'M SORRY, I DON'T HAVE ANY MONEY TO FIX THE PROPERTY.
AND IF, I GUESS KIND OF MY, MY QUESTION IS HOW LONG BEFORE THE CITY JUST STEPS IN ON, ON SOMETHING LIKE THIS? 'CAUSE IF HE'S NOT, YOU KNOW, WE COULD PUT IN A DEMO ORDER, BUT IF HE'S NOT, YOU'VE GOT NO CASH AND HE DOESN'T REALLY SEEM INTERESTED, THEN THERE'S, I'M KINDA LIKE, WHAT'S THE POINT? RIGHT.
SO I THINK, I GUESS, DO YOU THINK ADOPTING THE ORDER RIGHT NOW, UH, AS IT IS, IS GONNA GET US QUICKLY TO WHAT YOU THINK IS THE, THE, I BELIEVE SO LIKELY RESOLUTION? I THINK SO, YES, SIR.
SO THAT THE CITY CAN GET A HOLD ON IT.
WELL THEN I DON'T HAVE ANY MORE QUESTIONS.
IF, IF YOU GUYS ARE GOOD MM-HMM
THEN I'LL GO AHEAD AND MOVE TO CLOSE THE, UH, THE EVIDENTIARY PORTION OF THIS, OF THE HEARING.
SECONDED BY COMMISSIONER MUSGROVE, WE'LL DO A VOICE VOTE.
ALTHOUGH THEY DIDN'T HEAR COMMISSIONER SNOW STAT, BUT I'LL ASSUME.
AND, UH,
THEN, UH, I'LL GO AHEAD AND MOVE TO ADOPT, UH, THE CITY'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND, UH, ADOPT THE RECOMMENDED ORDER IN ITS ENTIRETY.
WE'LL DO A ROLL CALL VOTE STARTING WITH COMMISSIONER GARZA.
ALRIGHT, WE'LL GO AHEAD AND MOVE ON TO AGENDA IDA NUMBER, OH, I BELIEVE THAT'S IT FOR OUR PUBLIC HEARINGS.
[6. Case Number: CV 2025-146168]
[7. Case Number: CV 2025-156516]
GO AHEAD AND GO TO THE APPEALS SECTION.AND I BELIEVE, UH, STAFF TOLD ME THAT ITEMS NUMBER SIX AND SEVEN HAVE BEEN PULLED FROM THE AGENDA TONIGHT.
ITEMS NUMBER, UH, SIX AND SEVEN.
UM, LEMME JUST READ IT IN HERE.
UH, UH, CV 2 0 2 5 DASH 14 61 68.
UH, PROPERTY ADDRESS 7 0 7 7 GRAND CANYON DRIVE, BUILDING FIVE.
UNIT 1 1 3, UH, WAS PULLED FROM THE AGENDA AT THE REQUEST OF THE APPELLANT AND, UM, CV 2 0 2 5 DASH 15 6 5 16.
PROPERTY ADDRESS 9 0 0 1 NORTHGATE BOULEVARD, UNIT 1 1 4 WAS PULLED FROM THE, A AGENDA AT THE REQUEST OF THE APPELLANT.
[8. Case Number: CV 2025-150773]
YOU.SO WE'LL GO AHEAD AND GO ON TO AGENDA ITEM NUMBER EIGHT, CV 20 25 5 0 7 7 3.
ITEM NUMBER EIGHT ON THE AGENDA IS AN APPEAL REGARDING A RESIDENTIAL PROPERTY LOCATED AT 5 3 0 9 MARTIN AVENUE.
THE CASE NUMBER IS CCB 2 0 2 5 15 7 73.
THE CASE CAN BE FOUND IN ONE OF THE BLUE BOOKS IN YOUR READER'S, UH, OR GOOGLE DRIVE FOLDER.
THIS APPEAL BEGAN AS A COMPLAINT ABOUT STRUCTURAL MAINTENANCE ISSUES AT THE PROPERTY, WHICH WERE CONFIRMED BY AUSTIN DEVELOPMENT SERVICES AND LEAD, UH, AND LED TO THE NOTICE OF VIOLATION, ONE OF THE DECEASED OWNERS HEIRS FILED AN APPEAL OF THE NOTICE, WHICH IS WHY WE'RE HERE TONIGHT.
HERE'S SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS NOVEMBER 19TH, 2025.
THE NOTICE OF VIOLATION INCLUDED 13 STRUCTURE MAINTENANCE VIOLATIONS, NONE OF WHICH HAVE BEEN CLEARED TO DATE IN THE READERS OR GOOGLE DRIVE FOLDER.
YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO A THROUGH TWO F.
EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, UH, THE COMPLAINANT CASE HISTORY, THE NOTICE OF VIOLATION, A COPY OF THE TRAVIS CENTRAL
[01:25:01]
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 PHOTO PHOTOS MARKED AS EXHIBITS, UH, TWO A THROUGH TWO F AND AUSTIN DEVELOPMENT SERVICES RECOMMENDATION.
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 AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE.
THE NOTICE BEING APPEALED TONIGHT IS FOR 53 0 9 MARTIN AVENUE, THE APPELLATE.
THE APPELLANT IS AN HEIR IDENTIFIED THROUGH PROBATE FILINGS.
THE CASE HISTORY IS AS FOLLOWS, ON NOVEMBER 19TH, 2025, CODE COMPLIANCE RECEIVED A COMPLAINT REGARDING A VACANT AND DILAPIDATED RESIDENCE, INCLUDING ALLEGATIONS OF RODENT INFESTATIONS SPREADING TO NEARBY PROPERTIES.
I RESPONDED ON NOVEMBER 20TH, 2025, OBSERVED SEVERAL VIOLATIONS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND UNSANITARY CONDITIONS, ACCU, INCLUDING ACCUMULATED BRUSH, FALLEN TREE, TALL BEADS, AND GRASS, AND ACCUMULATED RUBBISH WITHSTANDING WATER.
I ISSUED NOTICES OF VIOLATION ON NOVEMBER 24TH, 2025 TO THE DECEASED OWNER OF RECORD, MS. JEAN CHAPMAN AND TWO HEIRS IDENTIFIED THROUGH PROBATE, UH, APPELLANT MR. CHAPMAN AND HARRY ROGER MES.
I'LL NOW PRESENT A SELECTION OF PHOTOS FROM MY INITIAL INSPECTION.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE RESIDENCE.
NEXT PHOTO, PHOTO TWO B IS A CLOSEUP OF THE ADDRESS SHOWING THAT I ISSUED THE NOTICE OF VIOLATION FOR THE RIGHT PROPERTY.
NEXT PHOTO TWO C SHOWS THE FRONT PORCH OF THE RESIDENCE OUT OF PLUM CAUSED LIKELY BY FOUNDATION DAMAGE AND FAILURE.
NEXT PHOTO, PHOTO 2D SHOWS THE FRONT PORCH WITH THE, UH, CROSS BEAM, UH, EXHIBITING NOTICEABLE SEC FLEX AND SAGGING.
NEXT PHOTO PHOTO TWO E UH, IN THE CENTER LEFT OF THE FOUNDATION CURTAIN WALL, WE CAN SEE A LARGE VERTICAL CRACK.
AND PHOTO TWO F SHOWS THE ABANDONED MOTOR VEHICLE WITH A FALLEN TREE ON TOP OF IT.
ADDITIONALLY, ON JANUARY 15TH, 2026 ON A ROUTINE FOLLOW-UP INSPECTION, I OBSERVED THE FRONT DOOR JAR AND THE VACANT RESIDENCE UNSECURE.
I DID TELEPHONE MR. CHAPMAN, WHO DID HAVE THE DOOR, UH, RESECURED THAT SAME DAY.
UH, THIS CONCLUDES MY TESTIMONY.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO F, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND AUSTIN DEVELOPMENT SERVICES.
UH, RECOMMENDATION STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENIED THE APPEAL, THEREBY UPHOLDING THE DEFICIENCIES WITHIN THE NOTICE OF VIOLATION WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
AND NOW, UH, THE REPRESENTATIVE OF THE PROPERTY OWNER, UH, GO AHEAD AND, UH, LET US KNOW WHAT'S UP.
UH, I AM NOT THE CURRENT OWNER OF THIS HOUSE.
UH, I AM THE HEIR OF THE DECE.
THE GENTLEMAN WHO LIVED THERE, WHO WAS MY COUSIN, WHO WAS DECEASED IN OCTOBER, 2024.
UH, THIS PROPERTY AND THIS WHOLE DEAL IS IN PROBATE RIGHT NOW.
UH, THE, UH, I AM HERE IN THE, IN AUSTIN.
UH, AND, BUT THE OTHER PARTY IS IN ENGLAND.
UH, I WENT AND, UH, THERE WAS MR. CHAPMAN, MY COUSIN, UM, DID NOT HAVE A WILL.
SO IN DECEMBER, I WENT AND HIRED AN ATTORNEY TO START THIS PROBATE SESSION IN FEBRUARY OF 2025.
UH, IT WAS TO GO TO THE AD LITUM IN WHICH THE AD LITUM AND THEN, UH, APPARENTLY GOT ILL FOR A MONTH.
UH, AND THEN WE DID NOT GET A RULING ON THIS UNTIL ABOUT JULY, IN WHICH SHE DID CONFIRM THAT MR. MEERS, WHO IS THE OTHER PERSON, UH, WAS, UH, RIGHTFULLY AN, AN HEIR BEING A HALF, UH, BROTHER TO MY COUSIN'S MOTHER.
SO, IN THE PROCESS, I DO NOT DISAGREE WITH, UH, MR. BRITT'S, UH, VALUATION OF THE PROPERTY.
BELIEVE ME, I HAVE NOT STEPPED FOOT IN THAT HOUSE OR BEEN ON THAT PROPERTY SINCE 2017.
UM, MY COUSIN AND HIS MOTHER WERE VERY PRIVATE PEOPLE.
UH, THE HOUSE, UH, WHEN I FIRST OBSERVED IT AFTER HE PASSED AWAY, UM, WAS TERRIBLE.
HE, UH, WAS, UH, UH, I GUESS YOU'D CALL HIM A LONER.
HE NEVER LEFT HIS HOUSE VERY MUCH.
THE INSIDE OF THE HOUSE WAS IN DISARRAY.
UH, AND WHEN I, I DID NOT FIND OUT, HE HAD PASSED AWAY FOR LIKE THREE WEEKS.
AND THE ONLY WAY WE FOUND OUT WAS THE NEIGHBOR NEXT DOOR WHO KIND OF WATCHED HIM, FOUND THEY FOUND HIM, UH, DECEASED, AND HE HAD BEEN DECEASED FOR TWO TO
[01:30:01]
THREE WEEKS.SO THE FIRST STEPS WHEN WE WENT IN THERE WAS A MESS.
NOW I'VE BEEN OVER THERE ON NUMEROUS OCCASIONS.
I HAVE NOT NOTICED ANY RODENTS.
I HAVE NOT NOTICED ANY RACCOONS.
I HAVE NOT NOTICED ANYTHING ELSE.
UH, THE NEIGHBOR NEXT DOOR KEEPS ME INFORMED OF WHAT'S GOING ON BECAUSE I WORK FOR A LIVING AND I CAN'T GET OVER THERE EVERY DAY.
UM, BELIEVE ME, I HAVE EXHAUSTED A LOT OF MONEY ALREADY IN THIS PLACE.
I HAVE PAID $25,000 WORTH OF PROPERTY TAXES TO TAKE CARE OF 2024 AND 2025.
I PAID ALL, I PAID THE ELECTRICITY BILL WHEN WE CUT IT OFF TO GET THAT, UH, FROM HA, YOU KNOW, KEEP THAT OFF ME.
I'VE RENTED TWO DUMPSTERS TO, TO DO WHAT CLEANING I COULD DO.
AND, UM, AND I'VE, I'VE TRIED, I REALLY HAVE, I DON'T HAVE A LOT OF TIME TO DO IT, AND I DON'T HAVE THE RESOURCES.
THIS IS GONNA TAKE, UM, THIS WOULD TAKE A MASSIVE ORDEAL THAT I CAN'T DO ALONE.
UM, SO, UM, I HAD NOT RECEIVED ANY NOTICES OR COMPLAINTS FROM NEIGHBORS UNTIL I GOT THIS NOTICE IN NOVEMBER.
UH, I TALKED TO THE NEIGHBORS.
IN FACT, ONE OF THE NEIGHBORS WAS INTERESTED IN BUYING THE PROPERTY EARLIER IN THIS PROCESS.
THE NEIGHBOR ON THE OTHER SIDE OF THE HOUSE IS A CARETAKER, SORT OF.
HE, HE, UH, HE TOOK CARE OF, UH, AND CHECKED ON MIKE MICHAEL.
THAT'S WHAT WE CALLED HIM, UH, FREQUENTLY.
UM, BUT, UH, THE HOUSE IS UNINHABITABLE.
UH, THE HOUSE, I TALKED TO A COUSIN OF MINE ON MY MOTHER'S SIDE WHO IS A CONSTRUCTION PERSON, AND IT WAS GOING TO COST BETWEEN 20 AND 30,000 IN ORDER TO CLEAN THE DEMO THIS HOUSE AND CLEAN THE LOT UP.
AND THE REASON BEING, IT WAS GONNA TAKE APPROXIMATELY 15 TO 20 DUMPSTERS TO CLEAR THIS PLACE OUT.
IT ISN'T, IT IS GROWN UP WITH BAMBOO.
UM, AND BELIEVE ME, WE AND A FRIEND OF MINE RENTED A BRUSH CHIPPER TO TRY TO GET THAT OUT.
UNFORTUNATELY, THE BRUSH TRIPPER, THE BRUSH CHIPPER THAT I RENTED FROM HOME DEPOT DID NOT WORK.
AND SO WE COULD NOT DO ANYTHING WE HAD, BUT WE DID GO IN THE BACK AND I DID ATTEMPT, THERE WAS PROBABLY, UH, YOU CAN'T COUNT 'EM, BUT IT WAS PROBABLY 85 PLASTIC TOTES FULL OF STUFF.
AND I DID FILL A WHOLE DUMPSTER WITH ALL AS MANY TOTES I COULD PUT IN THERE.
SO I'VE, I'VE TRIED, I REALLY HAVE.
SO I TALKED TO MY LAWYER BECAUSE I WANTED TO COME TO THE COMMISSION TONIGHT WITH MY APPEAL TO TELL THEM TO TELL YOU GUYS THAT THERE IS A HEARING.
WE'RE PUSHING TO GET A HEARING DONE WITHIN THE NEXT 30 DAYS.
MY ONLY REQUEST IS THAT YOU GIVE ME A, A AT LEAST TILL APRIL, MAYBE APRIL 30TH, IN WHICH I CAN GET THIS THING.
I'VE GOT THREE POSSIBLE BUYERS WHO ARE READY TO BUY IT, AND THEY CAN TAKE CARE OF IT FROM THERE.
BUT I HAVE NO MORE RESOURCES PERSONALLY TO DO THIS.
UH, AND IF MR. BRITT'S BEEN THERE, HE KNOWS WHAT IT LOOKS LIKE.
SO, UM, MY, MY, LIKE I SAID THIS, UH, IT'S, THERE'S A JUNKYARD BEHIND IT THAT, THAT COULD BE JUST AS BIG OF A PROBLEM AS IT IS, UH, THIS HOUSE.
IT WILL NEED TO BE DESTROYED, AND THE LOT NEEDS TO BE CLEANED.
I CAN'T MOVE THAT VEHICLE WITHOUT A TITLE.
I CALLED EVERY, UH, WRECKING COMPANY THAT, UH, TOWING COMPANY, A WRECKING, UH, AUTO WRECKING COMPANY.
THEY WILL NOT TOUCH THAT VEHICLE WITHOUT A TITLE.
AND I HAVE NO ACCESS TO NOTHING BECAUSE I HAVE NOT BEEN GIVEN THE, UH, POWER OF THE EXECUTOR OR THE ADMINISTRATOR OF THE PROPERTY YET.
SO, LIKE I SAID, THE ONLY TIME I RECEIVED A NOTICE WAS, UH, WHEN MR. BRICK HAD CALLED ME.
AND ALSO WE HAD TALKED VIA EMAIL.
I EXPLAINED THE SITUATION TO HIM THEN.
UH, AND PERSONALLY, I DON'T UNDERSTAND.
I UNDERSTAND THE, THE VIOLATIONS, BELIEVE ME, THIS HOUSE HAS PROBABLY BEEN IN VIOLATION FOR MULTIPLE YEARS.
UH, SO, UM, AND I'M, LIKE I SAID, UH, I'VE TRIED EVERYTHING AND I'VE RESOURCED, UH, ALL THE MONEY I HAD.
IN FACT, WE PAID THE TAXES WITH MY, MY WIFE'S MOTHER PASSED AWAY IN JUNE OF 2025.
SHE LIVED IN NORTH OF BEAUMONT, TEXAS.
WE WERE HAVING TO GO DOWN THERE TWO OR THREE TIMES A MONTH TO GET THAT SETTLED.
AND SHE USED PART OF HER INHERITANCE MONEY TO PAY THIS IN THESE TAXES OFF BECAUSE IT KEPT ACCRUING, UH, PENALTIES.
SO WE NEEDED TO GET THAT TAKEN CARE OF, AND SHE WAS KIND ENOUGH TO DO THAT, TO AT LEAST GET THAT HEADACHE OFF OUR HANDS.
SO AGAIN, THE ONLY REQUEST, UH, I AGREE WITH EVERYTHING HE SAW, AND THE ONLY REQUEST I ASK IS TO, FOR TIME, IN ORDER TO, FOR THIS PROPERTY TO GET SOLD AND
[01:35:01]
THE PROBATE TO GET FINISHED.UH, AND, UH, I BELIEVE IT'S COMMISSIONER QUESTION TIME, OR IS, DO I ADOPT THE, THE EXHIBITS FIRST? SO JUST TO MAKE SURE WE HAVE THEM ADMITTED.
I WOULD ADMIT THE EXHIBITS FIRST.
THEN I'LL GO AHEAD AND ADMIT THE EXHIBITS FROM THE CITY.
EXHIBITS ONE AND EXHIBITS, UH, TWO, UH, LET ME PULL IT UP.
CAN I SAY ONE MORE THING REAL QUICK BEFORE YOU MOVE? I'M SORRY.
BUT THIS HOUSE WAS BEEN IN MY FAMILY, THIS WAS MY GRANDPARENTS' FIRST HOUSE WHEN THEY MOVED TO AUSTIN.
THEY DIDN'T DIE WHEN THEY DIDN'T MOVE TO ANOTHER PLACE.
AND THIS WAS GET MY UNCLE, MY THOMAS'S DAD BOUGHT IT.
SO I, LIKE I SAID, THIS HOUSE HAS BEEN THERE FOREVER.
AND THE ONLY THING THAT I COULD TELL THAT'S EVER BEEN FIXED OR WORKED ON WAS THE ROOF.
SO I, LIKE I SAID, I HAVE NOT BEEN IN THAT HOUSE SINCE I WAS A CHILD BECAUSE THEY WERE SO, UH, LONERS, SO TO SPEAK.
AND BECAUSE THEIR HOUSE WAS IN SUCH A DISARRAY, NONE OF MY FAMILY HAS EVER BEEN IN THIS HOUSE IN YEARS.
AND I AM THE LAST CHAPMAN THAT IS ALIVE.
UH, SO WE'RE GONNA, WE'RE GONNA CONTINUE TO PROCEED.
I WILL ADMIT THE EXHIBITS, EXHIBITS ONE AND TWO A THROUGH TWO F.
AND WITH THAT, I BELIEVE I'LL, I'LL THROW IT TO COMMISSION STAFF HAS SOMETHING TO SAY.
MAY I BE RECOGNIZED? YES, PLEASE.
UM, I, I DON'T THINK THAT WE HANDED OUT HARD COPIES OF THE, UM, OF YOUR MOTION SHEET.
BUT ON THE, IT IS IN YOUR READERS.
AND ON THE SECOND PAGE, UM, THERE'S A SECTION REGARDING APPEAL.
AND WITH THAT, I BELIEVE, UH, COMMISSIONER IBARRA, YOU HAVE SOME QUESTIONS.
UM, I HAVE A, I HAVE A QUESTION THAT'S MORE OF A, I WANNA MAKE SURE THAT WE SAY OUT LOUD SO THAT YOU UNDERSTAND, SIR, BUT WE'RE NOT BEING ASKED AT THIS TIME TO ISSUE ANY FINES AND IMPOSE ANY PENALTIES, UM, OR ANY TIMELINES.
WE'RE SIMPLY BEING ASKED TO, UH, CONSIDER THE APPEAL OF NOTICE.
I WAS JUST, UH, STATING MY CASE.
SO I DIDN'T, I TRIED TO PREPARE IT AS BEST I COULD.
SO, BUT SIR, YOU, YOU DID RECEIVE THE NOTICE, YOU SAID, YES, MA'AM.
MR. CHAIRMAN, I WAS GONNA ASK, WHAT WHAT DOES THAT MEAN? I, I'M NOT CLEAR ON WHAT THAT MEANS.
UM, ALSO THIS, THIS IS, I WILL SAY THIS IS THE TIME FOR QUESTIONING THE WITNESSES OR THE, THE PARTIES.
SO IF WE WANTED TO DO DISCUSSION, I BELIEVE THAT'S FOR A, THAT'S FOR WHAT WE'RE CONSIDERING.
I THINK THIS IS A QUESTION FOR COUNSEL.
SO FOR CLARIFICATION, THE TONIGHT YOU ARE NOT CONSIDERING THE CASE ON THE MERITS, MEANING YOU'RE NOT HERE TO DECIDE WHETHER YOU'RE GOING TO ISSUE AN ORDER FOR REPAIR OR AN ORDER FOR DEMOLITION OR ANYTHING ELSE.
THIS, THIS IS STRICTLY RELATED TO THE NOTICE AND WHETHER OR NOT THE VIOLATIONS LISTED ON THE NOTICE DID IN FACT EXIST AT THE TIME THAT THE INSPECTOR ALLEGEDLY OBSERVED THEM.
NUMBER TWO, ALSO TO VERIFY THAT THE PERSON MAKING THE APPEAL HAS STANDING TO MAKE THE APPEAL.
AND SO THOSE ARE THE ONLY TWO ISSUES IF YOU DECIDE THAT HE HAS STANDING.
THEN YOU LOOK AT ISSUE NUMBER TWO, WHICH IS DID THE VIOLATIONS EXIST AT THE DATE AND TIME THAT THEY WERE OBSERVED? OKAY.
AND SO THOSE ARE THE ONLY TWO ITEMS FOR CONSIDERATION TONIGHT.
UH, CHAIR RECOGNIZED, COMMISSIONER MUSGROVE, COULD YOU HELP US WITH, DOES HE HAVE STANDING? SO TO AVOID GOING INTO ALL OF THE, THE LEGAL TWISTS AND TURNS, UM, I, BASED ON HIS TESTIMONY, I DO BELIEVE THAT HE HAS ESTABLISHED, HE HAS STANDING.
UH, MR. COULD YOU HELP EDUCATE ME FURTHER? UH, SONYA? SO WHETHER WE, UH, UH, WHAT HAPPENS IF WE GRANT HIS APPEAL? WHAT HAPPENS IF WE DENY HIS APPEAL? UM, SO THAT ALSO THAT, UH, HE CAN UNDERSTAND AND I'LL ALSO FOR ME TO UNDERSTAND.
UH, SO IF YOU ALL GRANT THE APPEAL, SO HE IS CURRENTLY APPEALING AND SAYING THERE WERE NO MM-HMM
BASICALLY THAT THERE WERE NO VIOLATIONS.
UM, AND SO IF YOU GRANT THE APPEAL, ESSENTIALLY YOU'RE IN AGREEMENT.
OKAY? NOW, IF YOU DENY THE APPEAL, THEN IT'S BECAUSE YOU'VE DETERMINED THAT THERE WERE VIOLATIONS AND THAT THOSE VIOLATIONS DID EXIST ON THE DAY, AND AT THE TIME THAT INSPECTOR BRITT OBSERVED THEM.
[01:40:01]
HOW DOES THAT, UH, HOW DOES THAT AFFECT THE 'CAUSE I ASSUME THEN THE NEXT STEP, NO MATTER WHAT HAPPENS ON THIS APPEAL, UH, I GUESS UNLESS WE, UH, GRANT IT, IS THAT THE TYPICAL VIOLATION PROCEDURE FOLLOWS, RIGHT.WHERE EVENTUALLY HE'LL GET A NOTICE WHERE HE HAS CERTAIN AMOUNT OF TIME AND THAT SORT OF THING.
SO AT THAT POINT THEN, THEN IT STARTS TO WHERE THE CASE CAN BE ESCALATED SO THAT YOU ALL CAN CONSIDER THIS ON THE MERITS.
AND IN, AND IN THAT PARTICULAR HEARING, THEY WOULD COME, HE WOULD COME BACK AND THAT'S WHEN WE COULD SAY, YES.
MORE TIME, NO MORE TIME, THAT KIND OF THING.
SO DEPENDING ON WHAT STAFF'S RECOMMENDED ORDER MIGHT BE, YOU ALL CAN DECIDE WHETHER YOU WANT TO, UH, ADOPT THAT RECOMMENDED ORDER AND IT'S ENTIRETY, OR IF YOU WISH TO MAKE SOME MODIFICATIONS.
DOES ANYONE ELSE HAVE ANY FURTHER QUESTIONS? OKAY.
WITH THAT, I'M GOING TO MOVE TO CLOSE THE EVIDENTIARY PORTION OF THE HEARING AND WE'LL MOVE ON TO DISCUSSION.
SECOND, SECONDED BY COMMISSIONER MUSGROVE, WE'LL GO AHEAD AND DO A VOICE VOTE.
AND YEAH, WE'LL GO AHEAD AND MOVE DISCUSSION.
I AM GOING TO MOVE TO DENY THE APPEAL, BUT I SAY THAT AND I, TO EXPLAIN MYSELF BE THAT, UH, I THINK WE HAVE LIMITED AUTHORITY TO ACCEPT OR DENY APPEALS.
AND IT SOUNDS LIKE THE REAL ISSUE IN THIS CASE IS GONNA COME UP AGAIN, WHICH I HATE TO HAVE TO DRAG YOU BACK HERE WHEN WE HAVE THE ABILITY TO CONSIDER YOUR CASE ON THE MERITS, UM, CASE ON WHAT, ON THE MERITS, WHICH WOULD BE WHETHER, SO RIGHT NOW WE DON'T HAVE THE AUTHORITY, WE HAVE LIMITED AUTHORITY TO CONTROL THIS PROCESS, RIGHT? SO RIGHT NOW, AS, AS COMMISSIONER BARR EXPLAINED, YOU'VE APPEALED THE NOTICE OF VIOLATION, RIGHT? NOT ANY OF THE DEMOLITION ORDERS OR REPAIR ORDERS OR NOTHING LIKE THAT.
AND WE HAVE LIMITED AUTHORITY TO DECIDE WHETHER ON THAT, ON THAT, THAT KIND OF NARROW ISSUE.
AND SO I'M RECOMMENDING THAT I'M GONNA MOVE THAT WE DENY THE APPEAL BECAUSE I DON'T THINK WE CAN AT THIS STAGE.
I THINK THAT'S MY PERSONAL OPINION, BUT I WILL SAY THAT WHAT YOU'RE ASKING FOR IN TERMS OF TIME IS SUPER REASONABLE.
AND I WOULD, I WOULD HOPE TO HEAR, HAVE YOU BACK HERE FOR YOUR HEARING ON THE ISSUE.
AND I WOULD ALSO SAY TO STAFF, WHATEVER YOU THINK IS, IS APPROPRIATE, YOU KNOW, THIS IS, UH, I, I DON'T KNOW.
MY, MY FAMILY'S GONE THROUGH ISSUES LIKE THIS.
AND SO I WOULD RECOMMEND STAFF TOO, TRY TO WORK WITH YOU BEST TO.
I BELIEVE ME, IT WAS EMBARRASSING WHEN I FIRST WALKED IN AND SAW IT.
SO FOR SURE, BELIEVE ME, IT'S, IT'S NOT SOMETHING THAT I DON'T, I WOULD PUT ANYBODY THROUGH.
IT'S, IT IS BEEN A, THIS DEAL ORDEAL WITH JUST THE PROBATE ITSELF HAS BEEN AN ORDEAL.
I'M BEYOND, UH, WHAT I CAN EVEN PUT INTO WORDS.
AND SO I'LL MAKE THAT MOTION TO DENY AND WE WILL HAVE A SECOND FROM LOCKHART.
AND DO WE HAVE ANY DISCUSSION? OKAY.
WELL THEN I'M GONNA GO AHEAD AND CALL FOR A FLO, UH, A ROLL CALL VOTE.
WE'LL START WITH COMMISSIONER GARZA.
AND SO WE HAVE ADOPTED TO DENY YOUR APPEAL AND, UH, THANK YOU SO MUCH FOR YOUR TIME.
AND UNFORTUNATELY I THINK WE'LL HAVE TO SEE YOU HERE
WITH THAT, I BELIEVE WE ARE COMPLETE ON PUBLIC HEARINGS AND APPEALS.
[9. Presentation and discussion 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 Tuesday Kim, Financial Manager, and James Candelas, Code Review Analyst, Austin Development Services]
TO DISCUSSION AND ACTION ITEMS, WHICH IS DISCUSSION, PRESENTATION, DISCUSSION REGARDING A PAYMENT PLAN PROPOSAL.MY NAME IS JAMES ELA CODE REVIEW ANALYST FOR AUSTIN DEVELOPMENT SERVICES CASE REVIEW AND ESCALATIONS DIVISION.
I'M HERE TONIGHT TO PRESENT AN UPDATE ON A NEW POLICY THAT I HAVE BEEN WORKING ON ALONGSIDE MY COLLEAGUES IN AUSTIN DEVELOPMENT SERVICES FINANCE WORK GROUP.
TO RECAP, A FEW MONTHS AGO I WAS APPROACHED BY A PROPERTY REPRESENTATIVE AFTER COMING TO THIS, TO THIS COMMISSION ON A PENALTY RELIEF MATTER INQUIRING IF THERE WAS AN OPTION FOR MAKING PAYMENTS.
SINCE THE OWNER WAS UNABLE TO PAY THE ENTIRE PENALTY BALANCE ALL AT ONCE.
[01:45:01]
I BELIEVED THAT SUCH A POLICY DID NOT EXIST.BUT AFTER ASKING THE FINANCE WORK GROUP, I LEARNED THAT THERE IS ONE IN PLACE FOR OUR ADMINISTRATIVE HEARING PROGRAM.
UNFORTUNATELY, WE CANNOT REBRAND IT TO FIT THE BUILDING AND STANDARDS COMMISSION CASES BECAUSE THE PROCESS IS NOT THE SAME.
SO WE SET OUT TO DRAFT A NEW POLICY TAILORED FOR BSC MATTERS.
WE BORROWED SOME FROM THE EXISTING ADMINISTRATIVE HEARING POLICY, WHILE ALSO TAKING AND INCORPORATING ELEMENTS FROM OTHER REPAYMENT AGREEMENTS SUCH AS SETTLEMENT AND INSTALLMENT AGREEMENTS USED TO COLLECT HOTEL OCCUPANCY TAXES AND ARREARS WITH INPUT FROM OUR LEGAL TEAM AND OUR FINANCE FINANCIAL SERVICES DEPARTMENT.
WE ARRIVED AT THE DRAFTS THAT, UH, YOU HAVE IN YOUR HANDS NOW AND ALSO AVAILABLE IN THE GOOGLE DRIVE FOLDER FOR, UM, COMMISSIONERS THAT ARE REMOTING IN.
AND COMMISSIONERS, JUST FOR SOME CLARIFICATION, UH, THE REASON WHY THIS IS MERELY A PRESENTATION SLASH DISCUSSION ITEM IS BECAUSE WE'RE NOT, UH, SEEKING ACTION FROM THE COMMISSION.
THIS IS REALLY MORE JUST TO MAKE YOU ALL AWARE OF THIS PROPOSED PAYMENT PLAN AGREEMENT AND ALSO GIVE YOU ALL THE OPPORTUNITY TO ASK ANY QUESTIONS OR VOICE ANY CONCERNS THAT YOU ALL MAY HAVE.
UM, AND SO THERE'S, THERE'S REALLY NO NEED TO TAKE ANY FUTURE ACTION ON THIS ITEM.
YEAH, LOOK,
SO THIS WOULD, UM, THIS DOESN'T CHANGE ANYTHING FOR YOUR PROCESSES.
SO, UM, ANYONE WHO IS, UH, ELIGIBLE FOR AN OFFSET WOULD STILL GET THE OFFSET.
ANYBODY WHO COMES, UH, WHO'S IN COMPLIANCE AND HAS ACCRUED A PENALTY AND WISHES TO COME BEFORE YOU TO ASK FOR PENALTY RELIEF CAN STILL DO.
THIS IS A VERY NARROW, UM, INSTANCE WHERE NO PENALTY RELIEF WAS GIVEN.
AND I THINK THAT'S WHAT WE'RE, UM, THIS IS WHERE WE'RE TAILORING IT FOR INSTANCES WHERE NO PENALTY RELIEF WAS GIVEN.
I STILL HAVE THE SAME QUESTION AS, UM, I GUESS OUR LAST MEETING ON WHAT EXACTLY A TIMELY PAYMENT MEANS AS FAR AS WHEN WOULD THEY GO INTO, UH, DEFAULT IF NOT PAID BY A CERTAIN DAY OR TIME? UM, YES, IF COMMISSIONER, IF YOU'LL LOOK AT THE TOP OF PARAGRAPH THREE, WHERE IT STATES A PAYMENT IS CONSIDERED TIMELY, IF IT IS PAID ON OR BEFORE THE BLANK DAY OF EACH MONTH.
SO THAT'LL ESTABLISH WHAT WE WOULD CONSIDER TO BE A TIMELY PAYMENT.
UM, THE REASON WHY IT'S BLANK IS BECAUSE THEY'LL HAVE TO ESTABLISH WHEN THEY WANT TO START MAKING THOSE PAYMENTS.
UM, I'M SORRY, I DON'T HAVE A DRAFT IN FRONT OF ME, BUT, UM, I BELIEVE WHERE WE LANDED WAS, WAS, UM, IF FOR INSTANCE, YOU PICK A DAY WHEN YOUR PAYMENT IS DUE AND IT'S A DAY WHERE IT'S MAYBE A CITY HOLIDAY OR UH, MAYBE A WEEKEND, THEN THE PAYMENT WOULD ACTUALLY BE DUE BEFORE THEN.
SO IF IT'S NOT RECEIVED BY THE ESTABLISHED DATE, LET'S JUST PICK A DATE LIKE THE 18TH OF EVERY MONTH.
IF IT, IF IT ISN'T IN ON THE 18TH, THEN IT'S LATE.
BUT IT APPEARS THE WAY IT'S STRUCTURED, WHY WOULD YOU NOT TAKE AN INSTALLMENT AGREEMENT? 'CAUSE THERE'S NO INTEREST ACCRUING.
I'M SORRY, WOULD YOU REPEAT THAT? IF, IF SOMEBODY'S ASSESSED A PENALTY AND THEY HAVE TO START PAYING, BUT THEY HAVE SIX MONTHS TO PAY IT OFF UNDER THIS, THE TERMS OF THIS AGREEMENT, WHY WOULD YOU NOT TAKE THE SIX MONTHS? WHY WOULDN'T EVERYBODY ASK FOR THIS? IF THAT MAKES SENSE? UM, WELL, BECAUSE THIS WOULD BE THE ENTIRE PENALTY.
UM, YOU KNOW, AGAIN, YOU, THIS ONLY APPLIES IF THERE'S NO OFFSET OR RELIEF.
AND THEN IN THESE SORTS OF CASES, OBVIOUSLY THIS IS SORT OF A, UH, THIS IS A CONTRACT.
AND SO I GUESS IF THEY, IF THEY SCOFF LAW OR THEY SAY NO, IS THAT SONYA, DO YOU, DO YOU FILE ON THEM OR HOW WOULD THAT WORK? SO WHAT WOULD HAPPEN IN THE EVENT OF A DEFAULT? AND AGAIN, WE TRIED TO CRAFT IT SO THAT IT'S VERY MUCH STRICT COMPLIANCE.
[01:50:01]
YOU'RE LATE, THEN YOU'RE AUTOMATICALLY IN DEFAULT.AND SO WHEN THAT HAPPENS, THEN THIS WOULD ESSENTIALLY BE GIVEN TO LAW AND WE WOULD MOVE TO, TO INITIATE A COLLECTIONS PROCEEDING.
WELL, UNLESS THE COMMISSION HAS ANY MORE QUESTIONS OR DISCUSSION, I THINK, UH, MOVE TO CLOSE THIS PORTION LOOKS GREAT.
THINKS IT'S A, I THINK IT'S A GOOD IDEA.
UM, SO AGAIN, JUST, I'M, I'M HERE TONIGHT TO JUST ASK, UM, FOR YOUR QUOTE UNQUOTE BLESSING TO UH, UH, BRING IT TO THE EXECUTIVE TEAM NEXT.
SO THAT'S WHAT WE'LL BE DOING NEXT.
I'M SEEING A LOT OF NODDING AND LOTS OF THUMBS, SO WE WON'T TAKE A VOTE ON IT, BUT OH, COMMISSIONER IBARRA.
GO FORTH AND CONTRACT SOME DEBT.
WITH THAT, I'LL, UH, THANK YOU SO MUCH.
AND I THINK WE HAVE ONE MORE ISSUE, WHICH IS THE FUTURE, FUTURE AGENDA ITEMS. WE DID HAVE A RE REQUEST FROM MR. WIDOW WHO HAD, I THINK HE STEPPED OUT, MIGHT HAVE LEFT TO REQUEST PENALTY RELIEF ON 2100 ROSEWOOD AVENUE.
WHAT'S THE SONY, WHAT'S THE PROCESS FOR WHETHER WE ACCEPT THIS OR, UH, SO THERE WOULD NEED TO AT LEAST BE A TWO OF YOU ALL WHO WOULD NEED TO APPROVE HAVING THIS PLACED ON A FUTURE AGENDA ITEM.
DOES ANYONE REMEMBER THIS PROPERTY? WHAT'S UP? IT WAS A DUPLEX.
UM, THEY ACCUMULATED $40,000 IN FEES FOR BEFORE IT WAS SOLD, BEFORE THEY MADE THE CONSTRUCTION OF THE DUPLEX.
NOW HE WANTS TO BUILD ANOTHER UNIT ON THERE AND BEFORE THE FEES ARE PAID OR, AND HE CAN'T BUILD, CAN'T BECAUSE ANYTHING OF THE FEES.
WELL, WHAT HAPPENED WAS, UM, BACK IN 2016, I THINK IT'S A FAIRLY OLDER CASE.
UM, I GUESS HE WAS UNAWARE WHEN HE BOUGHT IT THAT THERE WAS AN ORDER ON THE PROPERTY.
'CAUSE IT WAS ABOUT THE RETAINING WALL.
IT WASN'T EVEN ABOUT THE STRUCTURES OR ANYTHING LIKE THAT.
AND I TALKED TO THIS GUY AND I SAID, IF YOU CAN PROCURE SOMETHING, SOME RECEIPTS OR SOMETHING THAT YOU PAID TO FIX THIS WALL, THE WALL ONLY, NOT THE, THE NEW STRUCTURES.
'CAUSE THAT DOESN'T HAVE PERTAIN TO THE ORDER THAT WAS ON THE PROPERTY.
HAS TO, IT PERTAINS TO THE RETAINING WALL THAT WAS IN DISARRAY.
I I GUESS HIS TITLE COMPANY DIDN'T CATCH THIS IS WHERE I'M, I MEAN, I DON'T KNOW.
I I'M JUST SPECULATING HERE, BUT, UM, BUT HE DIDN'T KNOW ABOUT IT APPARENTLY.
BUT THEN WHEN HE WENT TO REFINANCE, I GUESS TO BUILD THIS THIRD STRUCTURE, THEY CAUGHT IT THEN.
AND SO NOW HE'S LOOKING TO GET THAT REDUCED OR COMPLETELY WAIVED.
AND YOU SAID THIS IS THE NEW OWNER? UH, NO, THIS IS THE OLD OWNER.
WELL, I THINK HE OWNED IT AT THE TIME.
UM, I MEAN I DON'T THINK HE OWNED OWNED IT AT THE TIME OF THE ORDER, BUT HE HAD, IT HAD CHANGED HANDS AFTER THE ORDER, WHICH IS WHY I DON'T, I DON'T UNDERSTAND WHY THE TITLE COMPANY DIDN'T CATCH IT THE FIRST TIME.
'CAUSE IT'S ALMOST LIKE A LIEN.
RIGHT? IT COMES UP REALLY QUICK ON THESE SEARCHES.
LET'S, YEAH, BECAUSE IF HE WAS THE OWNER AT THE TIME, I TOLD HIM, HEY, JUST SHOW ME, SHOW SOME RECEIPT.
'CAUSE IT IS A RESIDENTIAL PROPERTY.
WE CAN IN-HOUSE OFFSET IF YOU'VE SPENT X AMOUNT OF MONEY ON THE RETAINING WALL REPAIR.
AND SO WE, HUH, YEAH, BACK IN 2016, RIGHT? YEAH.
I'M NOT FEELING A LOT OF HUNGER FROM THE COMMISSION TO THIS ONE.
SO DO WE NEED TO AGREE TO, TO ALLOW THIS TO COME BACK? TWO, TWO PEOPLE.
TWO, TWO OF YOU ALL, IT TAKES TWO OF US TO SAY, YEAH, LET'S BRING HIM IN.
WHAT DO YOU, DO YOU THINK WE SHOULD HEAR HIM ABOUT? OR DO YOU THINK HE'S JUST TRYING TO GIVE US A RUN AROUND STILL? YES.
THIS IS A, BASICALLY HE WOULD BE, IT'S A PENALTY REDUCTION, RIGHT? YEAH.
SO TWO OF US TO SAY, YES, LET'S DO THAT.
OTHERWISE WE'D NEVER HEAR ABOUT IT AGAIN.
SO TO TO BE CLEAR, IT REQUIRES TWO OF Y'ALL TO AGREE TO PUT THE ITEM ON THE AGENDA.
RIGHT? SO THEN IF YOU PUT THE ITEM ON THE AGENDA, HE WOULD COME BACK AND THEN YOU WOULD HEAR HIS CASE AND HIS REASONS FOR WHY HE BELIEVES HE SHOULD RECEIVE PENALTY RELIEF.
AND SO YOU'RE NOT DECIDING WHETHER OR NOT TO GRANT THAT RIGHT NOW YOU'RE JUST DECIDING DO WE EVEN CONSIDER THE CASE? YEAH.
DO WE KNOW, DO WE KNOW WHEN WE PUT THE ORDER IN ON THAT PROPERTY? I GUESS BACK WAY BACK, HUH? I'D HAVE TO DOUBLE CHECK THAT, BUT, UH, YEAH, IT'S, IT IS PRETTY OLD.
I THINK I, I'LL, I'LL SAY I'M CURIOUS.
I'LL HEAR ABOUT, YEAH, I ALSO, I HAVE A QUESTION TOO.
OKAY, LOOK, LET'S LOOK LIKE WE GOT SOME INTEREST.
I'M ALSO, I'LL GIVE HIM A SHOT, ESPECIALLY ON A RESIDENTIAL PROPERTY.
THOSE COMMERCIAL PROPERTIES THOUGH.
[01:55:01]
IT'S A MULTI-FAMILY.IT'S NOT A SINGLE FAMILY RESIDENCE.
YEAH, BUT IT'S NOT A HOMESTEAD.
IT'S NOT HIS HOMESTEAD RESIDENTIAL.
THE WAY WE WORK, IT'S EITHER SINGLE RESIDENTIAL OR IT'S EVERYBODY.
WE'RE JUST HERE, BUT NO, THEN I'LL GO AHEAD AND I, I MOVE TO ADD THIS PROPERTY AND, UH, THE REQUESTED PENALTY RELIEF TO NEXT MONTH'S AGENDA.
YEAH, YOU, YOU HAVE YOUR, YOU HAVE YOUR TWO THAT, OKAY.
LET IT, LET THE RECORD REFLECT.
AND THEN I BELIEVE MOVE TO ADJOURN.
UM, SORRY, I RATHER I HAVE A COMMENT.
YEAH, I JUST, UM, WANTED TO MAKE A COMMENT.
MAYBE THIS JUST SOMETHING THAT I OBSERVED, UM, SEVERAL OF THE PEOPLE OR THE OWNERS THAT WE OF CASES TODAY WERE DECEASED.
SO I FEEL LIKE THERE SHOULD BE ANOTHER ROUTE FOR, FOR THAT WHEN YOU DON'T MAKE CONTACT WITH A, WITH A OWNER AND THEY'RE DECEASED, SO THEY'RE NOT GONNA MAKE REPAIRS TO THE, TO THE PROPERTY INSTEAD OF JUST ACCUMULATING VIOLATIONS.
SO WHAT I'M GONNA RECOMMEND COMMISSIONER MARTINEZ, IS PERHAPS WE CAN PUT THAT AS A DISCUSSION ITEM FOR A, FOR THE FUTURE AGENDA, JUST BECAUSE I, I, WE DON'T TECHNICALLY HAVE THAT ON OUR AGENDA NOW.
AND SO, YOU KNOW, YOU SEEM TO YEAH, I JUST WANNA POINT, MAKE A COMMENT ON LIKE, IT JUST SEEMS LIKE MAYBE THERE SHOULD BE ANOTHER ROUTE FOR, FOR THAT MM-HMM
INSTEAD OF JUST ACCUMULATING, LIKE, I KNOW IT GENERATES REVENUE FINES, BUT STILL CERTAINLY.
NO, AND I'M, I'M HAPPY TO TALK TO YOU AS WELL, UM, ONCE, ONCE WE'RE OUT OF THE MEETING.
UM, BUT IF THAT'S ALSO SOMETHING THAT YOU ALL WOULD LIKE TO CONSIDER TOGETHER AS A GROUP, WE CAN CERTAINLY PUT THAT ON A FUTURE AGENDA AS WELL.
CAN I REQUEST THAT WE PUT THAT ON THE LIST OF AGENDA ITEMS FOR OUR RETREAT, WHICH WE NEED TO SCHEDULE? I DON'T THINK WE HAVE TO VOTE ON IT.
UM, AND I'D LIKE TO REQUEST THAT WE, UM, IN NEXT MONTH'S MEETING, THAT WE DO TALK ABOUT DATES FOR THAT RETREAT.
UH, I HONESTLY, I THOUGHT WE WERE GONNA TALK ABOUT THAT TONIGHT, BUT, UH, BUT WE CAN, WE CAN BRING IT NEXT MONTH.
UM, IF YOU HAVE DATES, WE'RE HAPPY TO TALK ABOUT 'EM.
WELL, HONESTLY, I DON'T HAVE DATES,
WELL, LET'S PUT IT ON THE AGENDA FOR NEXT MONTH IF WE COULD GET A DATE.
UM, AND I THINK, UH, I THINK COMMISSIONER LOCKHART HAS AN ANNOUNCEMENT.
I'M ABOUT TO, UH, HAVE MY FIRST CHILD, SO I AM ROLLING OFF THE COMMISSION, BUT I'VE ENJOYED SERVING WITH YOU ALL AND WELL, I ACTUALLY AM BEING PICKED UP RIGHT NOW, SO I HAVE TO LEAVE.
I BELIEVE YOU MOVED TO ADJOURN AND THEN WE SECONDED.
AND SO I WILL GO AHEAD AND CALL A VOICE VOTE ON THAT.