[CALL TO ORDER ]
[00:00:04]
FOR THE COMMISSION MEMBERS PRESENT TONIGHT, PLEASE SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO OUR COMMISSIONERS REMOTING IN, DO WE HAVE COMMISSIONERS REMOTING IN? I DON'T BELIEVE SO.
COMMISSIONER BROWN HERE AND WELCOME TO COMMISSIONER NARE FROM DISTRICT SEVEN.
BEFORE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES.
IS THERE ANYONE HERE ON AN ITEM THAT IS NOT ON THE AGENDA? THANK YOU.
TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR FIVE ITEMS ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF AN APPROPRIATE ALL ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY, SO IT DID NOT IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES CANALES WILL CALL EACH CASE ON THE AGENDA FOLLOWED BY TESTIMONY.
JAMES AUSTIN DEVELOPMENT SERVICE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED, UH, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT AT THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.
THE OWNER OR REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE, THE WITNESSES, THE OWNER'S REPRESENTATIVE, WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWNER'S WITNESS AND EVIDENCE.
THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER WHEN THE TIMER INDICATES THAT YOUR TIME IS EXPIRED.
PLEASE FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WELL, OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
JAMES BERWIN WITH THE CITY OF AUSTIN.
AFTER THE OWNER OR REPRESENTATIVE AND THE CITY OF REPRESENTATIVE EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE.
AFTER THE COMMISSION MEMBERS ASK QUESTIONS, WE'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.
BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
EACH PROPERTY OWNER'S, REPRESENTATIVE, OR APPELLANT WILL HAVE THREE MINUTES TO SUMMAR SUMMARIZE, SHOULD THEY CHOOSE TO DO SO, A COMMISSION'S DISCRETION.
THE CITY MAY PERMIT TO PRESENT REBUTTAL AFTER THE SUMMATION.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE VIA, EXCUSE ME, DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT AND A COPY OF THAT DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL, INVITING A LESS APPEAL TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESS TESTIMONY, WILL, WITNESSES WILL TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT ANY TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT I MAY SWORE YOU IN.
IF YOU'RE GONNA SPEAK TONIGHT, PLEASE STAND.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
[APPROVAL OF MINUTES ]
REVIEW THE MINUTES.IS THERE ANY COMMENTS ON THE MISS MINUTES? I MOVE FOR APPROVAL OF THE MINUTES AS WRITTEN.
IS THERE A SECOND? SECOND MOTION.
SECOND TO APPROVE THE MINUTES, WE'LL DO A VOICE VOTE.
[00:05:05]
ALL RIGHT, WE'LL START.UM, IF YOU'RE HERE TONIGHT WHEN YOUR CASE IS CALLED, PLEASE MOVE TO THE PODIUM SO THAT YOU'LL BE READY WHEN THE CITY HAS FINISHED ITS PRESENTATIONS.
JAMES, YOU MAY PROCEED CALLING THE CASES.
UM, CHAIR, WOULD YOU LIKE TO BEGIN WITH ITEM NUMBER TWO OR WOULD YOU LIKE TO GO OUT OF ORDER? I, IS THERE ANY REASON WE NEED TO GO OUT OF ORDER? UM, LET ME DOUBLE CHECK TO MAKE SURE THE, UM, REPRESENTATIVE FROM THE PROPERTY CALLED IN AND IS JOINING US, UH, REMOTELY.
WE HAVE, UM, ONE OTHER PERSON THAT'S HERE TO REPRESENT AN AGENDA ITEM.
SO ONE, ONE SECOND IF YOU DON'T MIND.
IF WE'RE NOT READY FOR THAT ITEM, WE CAN MOVE FORWARD.
ACTUALLY, UM, YOU'LL PROBABLY WANNA SWEAR THEM IN.
DO I HAVE A, SO YEAH, LET'S GIVE 'EM JUST A SECOND.
DO YOU TEND TO GIVE TESTIMONY THIS EVENING? THIS POINT? OH, YOU WERE HERE SIR, WE YOU GONNA GIVE TESTIMONY THIS EVENING? NO, NO.
DO YOU, UH, SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH.
IF SO, SIGNIFY BY SAYING I DO.
DO WE HAVE THE OWNER FROM BRANCHWOOD? I'M AFRAID NOT.
UM, AND I SURE WOULD HATE TO PROCEED WITHOUT HIM BEING PRESENT.
UM, WOULD YOU LIKE TO GO ON TO PERHAPS, UM, DO WE WANNA POSTPONE THIS OR DO WE WANNA MOVE ON TO SONYA? IT'S, IF THERE'S THE POSSIBILITY THAT HE COULD COME ON PERHAPS LATER, I, I'D LIKE TO AT LEAST ALLOW FOR THAT OPPORTUNITY.
UM, SO PERHAPS WHAT IF THERE'S ANOTHER CASE WHERE WE HAVE EITHER A REPRESENTATIVE OR IF WE HAVE INTERESTED PARTIES TO TESTIFY CHAIR, THEN I WOULD RECOMMEND TAKING THAT CASE FIRST.
ANY OBJECTION, COMMISSIONERS? MAY I, MAY I SUGGEST WE MOVE TO WESTOVER? ITEM NUMBER SEVEN? OH, YEAH.
YEAH, WE'VE GOT A HANDFUL HERE.
[7. Case Number: CL 2026-013540 ]
ON THE AGENDA IS CASE NUMBER CL 20 26 0 1 3 5 4 0 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 1704 WESTOVER ROAD.THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE WAS HEARD AT THE, AT THE MARCH, 2026 MEETING AND CONTINUED TO THIS MONTH'S MEETING.
THE CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL PROPERTY THAT IS HOMESTEADED.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY.
THE STRUCTURE IS CONSIDERED AN UNSAFE WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
IN YOUR GOOGLE DRIVE FOLDER READER, YOU'LL FIND THE FOLLOWING EXHIBIT THREE, SORRY, THE PREVIOUSLY ADMITTED EXHIBITS ONE AND TWO, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE NOTICES OF HEARING, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT FOUR, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR AA AND THE RECOMMENDED ORDER CODE SUPERVISOR ERICA THOMPSON, IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
SUPERVISOR THOMPSON, PLEASE BEGIN YOUR TESTIMONY.
[00:10:01]
COMMISSIONER.I'M A SUPERVISOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE.
THIS PROPERTY IS BEING PRESENTED AS A RESIDENTIAL PROPERTY LOCATED AT 1704 WESTOVER ROAD.
AS PREVIOUSLY STATED, THIS IS A RETURN CASE FROM THE MARCH MEETING IN FEBRUARY OF 2022.
A COMPLAINT WAS RECEIVED VIA 3 1 1 FOR DETERIORATED VACANT PROPERTY.
AN INITIAL INSPECTION WAS CONDUCTED, A NOTICE OF VIOLATION SENT FOR DAMAGED FENCE CRACKING AND PEELING PAINT ON THE EXTERIOR OF THE HOUSE, DAMAGED ROOF, FASCIA BOARDS AND EXTERIOR WINDOW TRIMS ROTTING.
A NOTICE OF VIOLATION WAS SENT TO THE OWNER BETWEEN FEBRUARY AND DECEMBER OF 2022.
MANY FOLLOW UP INSPECTIONS WERE PERFORMED AND TWO ADMINISTRATIVE CITATIONS ISSUED.
THERE WAS NO REPRESENTATION FOR THE PROPERTY AT EITHER HEARING.
IN APRIL OF 2023, THE OWNER REACHED OUT TO THE THEN SIGNED CODE CODE INSPECTOR FOR THE CASE.
THE OWNER REQUESTED THAT THE OWNER REQUESTED THAT THAT INSPECTOR SEND HER PHOTOS OF THE VIOLATIONS AND EXPLAIN WHAT NEEDS TO BE DONE TO MAKE REPAIRS.
HE FOLLOWED THROUGH ON THAT REQUEST, PROVIDING HER THE INFORMATION SHE REQUESTED BETWEEN MAY OF 2023 AND SEPTEMBER, 2023.
THE CODE INSPECTOR TRIED TO CONTACT THE OWNER WITH NO CONNECTION ACHIEVED.
THE OWNER REACHED OUT TO THE INSPECTOR AT THE END OF SEPTEMBER, 2023 AND ASKED HIM IF HE WOULD BE WILLING TO MEET A CONTRACTOR AT THE PROPERTY TO SHOW HIM WHAT REPAIRS NEEDED TO BE MADE AND THE INSPECTOR AGREED ONCE AGAIN.
AFTER THAT CONTACT EVENT, THE OWNER STOPPED REACHING OUT AND DIDN'T ANSWER THE INSPECTOR'S PHONE CALLS AND NO MEETING WAS EVER CONDUCTED IN DECEMBER, 2023 AND AGAIN IN FEBRUARY, 2024, TWO MORE ADMINISTRATIVE HEARING CITATIONS WERE ISSUED AND AGAIN, THERE WAS NO REPRESENTATION ON BEHALF OF THE OWNER AT THE HEARING.
IN AUGUST, 2024, THIS CASE WAS SUBMITTED TO MUNICIPAL COURT AND THE OWNER DID NOT ATTEND, RESULTING IN A WARRANT FOR ARREST BEING ISSUED.
MANY FOLLOW-UP INSPECTIONS AND CONTACT ATTEMPTS OCCURRED UNTIL NOVEMBER OF 2025.
I THEN OBTAINED A SEARCH WARRANT TO ACCESS TO ACCESS THE EXTERIOR OF THE PROPERTY TO INVESTIGATE FOR INSANITARY CONDITIONS AND STRUCTURAL VIOLATIONS WHILE ATTEMPTING TO POST THE WARRANT ON THE FRONT DOOR.
DUE TO A BROKEN DOOR JAMB, THE DOOR PUSHED OPEN EXPOSING THE CONTENTS OF THE HOUSE.
I OBSERVED MOUNTED DEBRIS, TRASH FURNITURE BOXES IN THE HOUSE THAT, UH, WERE PILED APPROXIMATELY FOUR TO FIVE FEET HIGH AND COMPLETELY COVERING THE ENTIRE FLOOR AREA.
I HAD THE FRONT DOOR BOARDED AND SECURED BY THE CITY CONTRACTOR AT THAT TIME.
I THEN REACHED OUT TO THE OWNER VIA PHONE CALL AND SHE ANSWERED, I EXPLAINED THE SITUATION AND CONDITION OF THE PROPERTY.
THE OWNER STATED SHE'S AN ELDERLY, DISABLED WOMAN AND HAS NO WAY OF RETURNING TO THE PROPERTY TO CARE FOR IT.
SHE STATED SHE DID NOT WANT TO SELL DUE TO SENTIMENTAL VALUE AND DOESN'T HAVE THE MEANS TO CLEAN OR REPAIR THE PROPERTY.
I ASKED HER IF THERE WERE VOLUNTEERS OR ORGANIZATIONS THAT COULD HELP IF SHE'D BE WILLING TO ACCEPT HELP.
SHE EXPLAINED AGAIN THAT SHE HAS NO WAY OF COMING TO THE HOUSE.
SHE LIVES ABOUT SIX HOURS AWAY.
I EXPLAINED THAT IF SHE COULDN'T, THE CITY WOULD HAVE TO ABATE THE PROPERTY DUE TO THE UNSANITARY CONDITIONS.
INSIDE, SHE EXPRESSED THAT SHE DIDN'T KNOW THE PROPERTY WAS THAT BAD AND THAT SHE PAYS SOMEONE MONTHLY TO MOW THE GRASS AND PAYS FOR AN EXTERMINATOR TO REBATE RODENT TRAPS ON THE EXTERIOR OF THE HOUSE.
I SENT HER PHOTOS AND THE CURRENT NOTICE OF VIOLATION.
SHE STOPPED COMMUNICATING WITH ME AND HAS NOT RESPONDED TO CODE COMPLIANCE AS SOCIAL WORKER WHO HAS ALSO LEFT HER VOICEMAILS.
IN JANUARY OF 26, I OBTAINED A WARRANT AND HAD THE PROPERTY ABATED ON THE INTERIOR AND EXTERIOR REMOVING THE TRASH AND DEBRIS.
MOST RECENTLY, A SEARCH WARRANT WAS OBTAINED IN NEW PHOTOGRAPHS TAKEN ON MAY 22ND, 2026.
DEPICTING ALL THE ORIGINALLY NOTED VIOLATIONS STILL PRESENT ON THE PROPERTY.
I WILL NOW TAKE YOU THROUGH THE PHOTOS OF THE VIOLATIONS.
PHOTO FOUR A IS A PICTURE OF THE WARRANT THAT I OBTAINED TO BE ABLE TO TAKE THESE PICTURES AROUND THE EXTERIOR OF THE PROPERTY.
NEXT PHOTO FOUR B IS A PICTURE OF THAT WARRANT.
UM, JUST A LITTLE BIT FURTHER AWAY.
THE FRONT DOOR REMAINS BOARD AND IS SECURED.
YOU CAN SEE ALL THE NOTICES SINCE THE BEGINNING OF THE CASE.
UH, STILL SIT ON THAT FRONT DOOR, UM, SINCE THERE'S NO ONE THERE TO RECEIVE THEM.
PHOTO FOUR C IS A PART OF THE DILAPIDATED FENCE THAT'S, UM, AT RISK OF FALLING OVER, UM, RIGHT AT THE FRONT BY THE
[00:15:01]
FRONT DOOR.UM, ON THE TOP RIGHT HAND SIDE, THERE'S AN UNPROTECTED, UH, ELECTRICAL RECEPTACLE THAT'S EXPOSED.
NEXT PHOTO, PHOTO FOUR E SHOWS YOU A PART OF THE SOFFIT IN THE FRONT OF THE HOUSE WHERE THE TREE'S GROWING INTO AND, UH, CRACKING THOSE BOARDS.
THIS IS A PICTURE STANDING RIGHT IN FRONT OF THE HOUSE.
YOU CAN SEE RIGHT INTO THE WINDOW, UM, WHERE IT SHOWS THE SUBSE FALLING, UM, ON PART OF THE CEILING THERE.
NEXT PHOTO, PHOTO 4G IS WHEN YOU MOVE TO THE RIGHT SIDE OF THE HOUSE.
UM, THE FENCE, YOU COULD SEE THERE AT ONE POINT SHE DID HAVE A CONTRACTOR COME UP AND ATTEMPT TO PUT BOARDS TO, UM, SECURE THE FENCE TO PREVENT IT FROM FALLING.
SINCE THEN, THOSE SAME BOARDS ARE DETERIORATING AND THE FENCE CONTINUES TO FALL.
THIS IS A PHOTO OF THE SITING, UM, THAT TO THE LEFT WAS A HOLE THAT WAS ATTEMPTED TO BE REPAIRED A COUPLE YEARS BACK, UM, BUT THE SIDING REMAINS CRACKING.
NEXT PHOTO, PHOTO FOUR, I SHOWS YOU PICTURES OF THE SIDING THAT'S COMING AWAY FROM THE WALL.
CRACKING, PEELING, SHIPPING PAINT.
NEXT FOUR J IS LOOKING DOWN THE SIDE OF THE HOUSE, UH, CRACKING, PEELING PAINT.
NEXT 4K, UH, THAT'S A WINDOW TOWARDS THE REAR ON THE RIGHT SIDE OF THE HOUSE WHERE YOU COULD SEE THE, UM, SIDING BROKEN, EXPOSING THE INTERIOR OF THE WALL.
NEXT PHOTO, PHOTO FOUR L UM, IS SHOWING THE WINDOW SILLS THAT ARE DETERIORATED, UM, AND CHIPPING, BREAKING AWAY.
AND THEN ALSO DOWN THERE THE FOUNDATION WALL OF THE HOUSE WHERE IT MEETS THE SIDING, UM, IS STARTING TO BUCKLE.
NEXT PHOTO, FOUR M THAT'S ABOVE THE WINDOWS.
YOU CAN SEE WHERE THE, UM, THERE'S HOLES EXPOSED IN THE, UM, IN THE SIDING AND AROUND THE WINDOW THERE.
UM, THAT'S ANOTHER PHOTO OF WHERE THE FOUNDATION SEPARATING FROM THE SIDING AND BUCKLING.
NEXT FOUR OH SHOWS A PICTURE OF THE REAR OF THE HOUSE.
IT SHOWS THAT THE REAR DOOR IS STILL SECURED, UM, AS WE SECURED IT LAST TIME WE WERE THERE.
AND YOU COULD ALSO SEE WHERE THE FOLIAGE IS SORT OF JUST STARTING TO TAKE OVER THE BACK OF THE HOUSE.
THAT'S A PICTURE STANDING IN THE REAR YARD SO YOU CAN GET A IDEA OF THE ENTIRE BACK OF THE STRUCTURE.
BOTH OF THE BACK DOORS REMAINED.
THIS IS A PART OF THE FENCE THAT'S ALONG THE LEFT SIDE OF THE HOUSE, UM, AT RISK OF FALLING DOWN AND POSSIBLY DAMAGING THE NEIGHBOR'S FENCE OVER THERE.
YOU CAN SEE THE ARROW IS POINTING TO THE HOLE IN THE ROOF.
PHOTO FOUR S IS A PICTURE OF THE FENCE ALONG THE LEFT SIDE AS WELL, UM, WHERE YOU CAN GET A BETTER IDEA OF HOW IT'S SORT STARTING TO LEAN INTO THE NEIGHBOR'S YARD.
THIS IS A PICTURE OF UNPROTECTED, UM, VENT, ALLOWING FOR RODENT ENTRY.
THIS IS THE LEFT SIDE OF THE HOUSE SHOWING YOU THE DAMAGED, UM, SIDING ON THE LEFT SIDE.
NEXT FOUR V IS SHOWING, THIS IS AGAIN A REPAIR THAT WAS ACTUALLY MADE A COUPLE YEARS AGO WHEN SHE CALLED THE CONTRACTOR.
UM, WHEN WE TOLD HER THERE WAS A HOLE, THE CONTRACTOR PUT THAT METAL SHEATHING UP THERE TO TRY TO KEEP THINGS OUT.
UM, THERE'S A PRETTY BIG HOLE UNDERNEATH THAT, UH, WHERE THOSE CINDER BLOCKS ARE STANDING, UM, ALLOWING ENTRY FOR WILDLIFE.
NEXT PHOTO FOUR W DEPICTS, UM, MORE DAMAGED SIDING ALONG THE FRONT LEFT OF THE HOUSE NEXT FOUR X.
UM, THIS DAY I WENT OUT THERE.
UH, OF COURSE DUE TO THE RAINS WE'VE HAD RECENTLY.
THERE'S, UH, TRASH CANS WITHSTANDING WATER IN IT.
NEXT PHOTO, FOUR Y IS ANOTHER TRASH CAN WITH WATER IN IT.
UM, OF COURSE THE MOSQUITOES ARE PRETTY BAD OUT THERE AT THIS TIME.
NEXT PHOTO FOUR Z IS THE SAME PICTURE IN THE BEGINNING WHERE YOU SAW THE FENCE FALLING, UM, NEAR THE FRONT DOOR.
THIS IS JUST COMING AROUND THE BACK OF THE HOUSE SO YOU CAN SEE WHERE IT'S, UM, PRETTY MUCH DETACHED FROM THE CORNER THERE AND AT RISK OF FALLING NEXT.
[00:20:01]
A CONTEXTUAL, UM, WHEN I WAS STANDING IN THE STREET OF THE FRONT OF THE PROPERTY.THANK YOU SUPERVISOR THOMPSON.
UM, AT THIS TIME WE'D LIKE TO CALL FORWARD SCOTT MATA, UH, AUSTIN DEVELOPMENT SERVICES SOCIAL WORKER.
HE WILL, UH, REPORT BACK TO THE COMMISSION ABOUT HIS OUTREACH TO THE OWNER.
I AM A-L-M-S-W LICENSED MASTER OF SOCIAL WORK WITH THE, UM, CITY OF AUSTIN, UH, DEVELOPMENT SERVICES.
UH, I WAS FIRST, UM, NOTIFIED OF THIS CASE IN DECEMBER, UH, DECEMBER 10TH.
UM, AND UH, IT BEGAN MY, UH, CONTACT, UH, ATTEMPTS DURING THAT TIME.
THAT'S, UH, PHONE CALLS AND TEXT MESSAGES.
UH, BOTH OF THOSE, UH, INITIAL ATTEMPTS WERE NEVER RESPONDED TO.
UM, I CONTINUED MY CONTACT ATTEMPTS THROUGH, UH, FEBRUARY, MARCH AND APRIL.
AGAIN, MULTIPLE CALLS, TEXT MESSAGES WITH NO RESPONSE.
UM, AND AT, AT THIS TIME I HAVE NOT HEARD ANYTHING FROM THE HOMEOWNER, UH, FROM WESTOVER EXHIBIT.
IS MS. NANCE HERE? UH, SORRY, WE WE'RE TRYING TO GET THE EXHIBIT BACK UP.
CAN YOU, CAN YOU GO BACK TO THE ORIGINAL EXHIBIT? IS THE OWNER ON THE LINE JAMES? NO.
SO MS. NANCE IS NOT HERE? THAT'S CORRECT.
WELL, WE'LL GO ON THEN TO, SORRY, CAN WE JUST PUT THE RECOMMENDED ORDER UP THE VERY LAST PAGE A QUESTION YOU WOULD JUST, UM, PERFECT.
SO LET ME JUST GET THIS INTO THE RECORD.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS FOUR A THROUGH FOUR.
AA STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
DO YOU WANNA DO THE EXHIBITS AFTER PUBLIC PRESENTATION OR BEFORE? UM, WELL YOU CAN ADMIT THEM NOW.
UNLESS THERE'S ANY OBJECTIONS FROM COMMISSIONER WILL EXHIBITS, THERE IS ALSO AN INTERESTED PARTY EXHIBIT EXHIBITS TWO A THROUGH TWO N FOUR A THROUGH FOUR AA AND INTERESTED PARTY EXHIBITS.
HEARING NONE EXHIBITS ARE ADMITTED.
WE'LL NOW GO TO THE PUBLIC INPUT PORTION OF THIS.
UH, MS. EMERSON HERE, COME TO THE FRONT.
[00:25:01]
THANK YOU FOR BEING HERE.THANK YOU FOR THE OPPORTUNITY TO SPEAK TO YOU THIS EVENING.
MY NAME IS JENNIFER EMERSON AND I HAVE LIVED DIAGONAL TO THIS PROPERTY AT ISSUE FOR THE LAST EIGHT YEARS.
UH, THE EVIDENCE BEFORE THE COMMISSION THAT YOU'VE ALL SEEN THE COMPLIANCE OFFICERS REPORT, THE PHOTOS, THE DOCUMENTATION, THE ATTEMPTED COMMUNICATION CLEARLY DEMONSTRATES THAT THE SUBJECT PROPERTY IS A SUBSTANDARD DWELLING THAT MEETS THE CRITERIA FOR DEMOLITION.
MY UNDERSTANDING IS THAT THE RELEVANT CITY CODE AT PLAY IS SECTION 25 DASH 12, SUBSECTION 1 1, 1 0.1, AND THIS SECTION OF CODE PROVIDES FOR A TWO PART THRESHOLD TO WARRANT DEMOLITION.
FIRST, THE STRUCTURE OF PROPERTY IS SO DETERIORATED, DILAPIDATED, OR OUT OF REPAIR AS TO BE DANGEROUS, UNSAFE, UNSANITARY, UNSANITARY OR OTHERWISE UNFIT FOR HUMAN HABITATION.
I THINK WE CAN ALL AGREE AFTER SEEING THE PHOTOS, UH, THAT NONE OF US WOULD CONSIDER LIVING IN THIS STRUCTURE.
SO WE CAN CHECK THAT BOX AND THE NUMEROUS RATS AND RACCOONS, POSSUMS, SKUNKS, AND FOX THAT LIVE IN AND AROUND THE PROPERTY DO NOT WARRANT KEEPING THE STRUCTURE.
PART TWO STATES THAT IT IS UNREASONABLE TO REPAIR THE STRUCTURE OR PROPERTY.
THE EXTENT AND SCOPE OF WORK NECESSARY TO BRING THE STRUCTURE INTO COMPLIANCE WITH ALL APPLICABLE, APPLICABLE CODES WOULD EFFECTIVELY REQUIRE RECONSTRUCTION OF THE ENTIRE PROPERTY.
AS THE COMPLIANCE OFFICER STATED, UH, IT WAS REPORTED, THE OWNER STATED THE THE HOME HAD GREAT SENTIMENTAL VALUE TO HER AND THAT SHE DID NOT WANT TO SELL.
I MAY BE UNREASONABLE, BUT TYPICALLY WHEN SOMETHING HAS GREAT SENTIMENTAL VALUE TO YOU, YOU TAKE CARE OF IT AND YOU KEEP IT IN GOOD ORDER.
UH, SO I THINK I CAN SAY THAT WITH CONFIDENCE THAT WHATEVER THE HOMEOWNER HAS SENTIMENTAL ABOUT IS NOT WHAT WE'RE LOOKING AT PICTURES OF TODAY.
AND FINALLY, THE OWNER HAS HAD PLENTY OF OPPORTUNITIES TO DEMONSTRATE A WILLINGNESS AND A GOOD FAITH EFFORT TO MAINTAIN THIS PROPERTY ALL TO NO AVAIL.
IT IS NOT AN INCOME PRODUCING PROPERTY FOR HER.
SHE DOES NOT COME BACK TO VISIT OR CHECK ON THINGS.
IF REPAIR IS RECOMMENDED, A FEAR WILL BE RIGHT BACK HERE THREE MONTHS FROM NOW, SIX MONTHS FROM NOW HAVING THE SAME CONVERSATION LOOKING AT THE SAME PHOTOS, JUST LIKE THE MOVIE GROUNDHOG DAY.
SO I TRULY APPRECIATE YOUR DESIRE TO BE CAUTIOUS WHEN CONSIDERING A DEMOLITION ORDER, UH, AND CURTAILING SOMEONE'S PROPERTY RIGHTS.
BUT I WOULD LIKE TO ASK THE COMMISSION IS WHEN WILL THE PROPERTY RIGHTS OF THOSE THAT LIVE ON THE STREET AND CURRENTLY LIVE ON THE STREET AND ENJOY LIVING ON THE STREET BECOME PART OF THE EQUATION? THANK YOU.
THANK YOU AGAIN FOR ALLOWING US TO SPEAK ON THIS MATTER.
SINCE OUR LAST MEETING, THE OWNER WHO I WOULD LIKE TO RE REITERATE HAS AN OUTSTANDING WARRANT FOR HER ARREST DUE TO THIS MATTER, UM, AS WELL AS NEARLY $300,000 IN UNCOLLECTED TAXES DUE TO HER KNOWINGLY FALSE TAX CLAIMING STATUS HAS DONE ABSOLUTELY NOTHING TO GET THE HOUSE INTO COMPLIANCE WITH AUSTIN STANDARDS ZERO.
THIS HAS NOT ONLY GONE ON SINCE OUR LAST MEETING, BUT FOR THE LAST 20 YEARS.
FOR 20 YEARS, SHE HAS ALLOWED THIS HOUSE TO THREATEN THE SAFETY AND WELLBEING OF THE ENTIRE NEIGHBORHOOD DUE TO HER LIES AND NEGLECT FOR 20 YEARS, SHE HAS STOLEN TAX DOLLARS FROM THE CITY OF AUSTIN TAX DOLLARS THAT COULD KEEP PROGRAMS OPEN THAT WE HAVE SEEN COME UNDER BUDGET CUTS THESE PAST FEW MONTHS.
YET SHE CONTINUES TO BE GIVEN MORE TIME TO CONTINUE THIS RUSE, MORE TIME TO CONTINUE TO PUT THE NEIGHBORHOOD HOMES AND THE FAMILIES THAT LIVE IN THEM IN A DANGEROUS SITUATION.
THE HOUSE AT 1704 WESTOVER ROAD IS UNSAFE, UNSANITARY, DANGEROUS, AND ABSOLUTELY UNFIT FOR HUMAN HABITATION.
SO MUCH SO THAT ENFORCEMENT OFFICERS WILL NOT ENTER ALONE OUT OF FEAR FOR THEIR OWN WELLBEING.
THIS TINDER BOX AND THAT'S WHAT IT IS, A TINDER BOX AS WE ENTER THE DRY AND HOT SEASON IS ONE SPARK AWAY
[00:30:01]
FOR SETTING THE ENTIRE BLOCK UP IN FLAMES WITHOUT ANY WARNING.THERE'S NO ONE THERE TO GIVE ANY WARNING.
WARNING AND THERE HASN'T BEEN IN 15 TO 20 YEARS.
I ASK YOU, HOW DO YOU MEASURE THE RISK AND COST OF DOING NOTHING WHEN THAT RISK FALLS ONLY ON THOSE THAT LIVE NEAR THE STRUCTURE, IT IS CLEAR TO SEE THAT THE OWNER IS NEVER COMING BACK TO AUSTIN, NEVER GOING TO RETURN PHONE CALLS, NEVER GOING TO RETURN LETTERS, AND NEVER GOING TO PAY TAXES.
THE STRUCTURE EQUIPMENT AND PROPERTY CONDITION ARE BEYOND REPAIR AND WE ASK THAT YOU VOTE IN FAVOR OF DEMOLITION.
UH, COREY
MS. MAEK, COULD YOU, UM, I DON'T THINK YOU CAME IN BEFORE WE DID OUR SWEARING IN.
ALRIGHT, LET'S SWEAR AT YOU HERE FOR A SECOND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH.
IF SO, PLEASE SIGNIFY BY SAYING I DO.
MY NAME IS CORY MOSET AND I HAVE LIVED AT 1703 WESTOVER ROAD SINCE JULY OF 2007.
AND IN THOSE 19 YEARS, I HAVE SEEN MRS. NANCE ONLY ONCE ON HER PROPERTY ACROSS THE STREET FROM MINE, AND THAT WAS OVER 15 YEARS AGO.
I HAVE WATCHED PLENTY OF RODENTS AND WILDLIFE COME AND GO THROUGH THE YEARS FROM HER YARD TO MY AS WELL AS OTHER NEIGHBORS.
AS ANYONE WHO LIVES IN CENTRAL AUSTIN KNOWS THAT IS NOT UNUSUAL.
HOMEOWNERS HAVE TO BE VIGILANT IN PROTECTING THEIR PROPERTY FROM AN ARRAY OF CRITTERS.
WHAT MAKES IT MORE DIFFICULT FOR THOSE OF US WHO LIVE NEAR MRS. NANCE IS THAT WE HAVE TO BE VIGILANT FOR HER AS WELL.
ONLY IN THE PAST 15 YEARS HAVE I SEEN HER ONCE, MAYBE IT WAS 19 YEARS, BUT ONCE, AND THERE HAS BEEN A HOMELESS WOMAN THAT WAS LIVING IN HER HOME AT ONE POINT.
WE HAD TO CALL THE POLICE FOR THAT.
UM, SHE DOES THE BARE MINIMUM TO MAINTAIN HER PROPERTY, AS YOU'VE SEEN FROM THE PHOTOS.
AND WHILE I AM A FIRM SUPPORTER OF PRIVATE PROPERTY RIGHTS, ALTHOUGH I FIND HER HOME AND EYESORE, THAT'S NOT WHY I WOULD RECOMMEND DEMOLITION.
I ENCOURAGE ITS DEMOLITION BECAUSE EVEN IF MRS. NANCE COULD SOMEHOW BE COMPELLED TO REPAIR HER PROPERTY BEYOND THE BARE MINIMUM SHE HAS DONE OVER THE PAST ALMOST 20 YEARS, I HAVE LITTLE FAITH THAT SHE WOULD RESUME LIVING THERE.
THUS, THE CYCLE OF AN ABANDONED AND MENTALLY MAINTAINED HOME WILL CONTINUE.
IS IT TAMMY PLEMONS CARTER AND RILEY.
Y'ALL WANNA COME ON UP? GOOD EVENING.
CAN YOU STATE YOUR NAME FOR THE RECORD? HI, I AM TAMMY PLEMONS AND THIS IS RILEY PLEMONS.
MY NAME IS TAMMY FLEMMINGS AND I LIVE DIRECTLY NEXT DOOR TO 1704 WESTOVER ROAD.
AND WHY? I'VE LIVED THERE FOR 15 YEARS.
THIS PROPERTY HAS SAT ENTIRELY ABANDONED FOR OVER 20.
I'M HERE TONIGHT BECAUSE OUR NEIGHBORHOOD HAS EXHAUSTED EVERY POSSIBLE REMEDY.
I WANNA START BY SAYING THAT WE HAVE BEEN INCREDIBLY PATIENT AS NEIGHBORS.
WE HAVE SPENT YEARS WAITING FOR ANY SIGN OF PROGRESS AND WE HAVE TRIED EVERYTHING TO HELP THIS OWNER.
MY HUSBAND IS IN REAL ESTATE AND HE OFFERED TO LIST THE HOME FOR FREE AND EVEN VOLUNTEERED TO SCHEDULE A POD TO HELP SHIP HER BELONGINGS TO HER.
I PERSONALLY HAVE SENT HER PHOTOS OF THE DECAY, OFFERED ASSISTANCE TIME AND AGAIN, AND EVEN WENT INSIDE AT HER REQUEST YEARS AGO TO SECURE THE BACK DOOR AGAINST INTRUDERS.
I CALLED HER WHEN UNHOUSED INDIVIDUALS WERE LIVING INSIDE, UPDATED HER ON VEHICLE ISSUES AND KEPT HER INFORMED ON CODE VIOLATIONS.
WE HAVE GONE ABOVE AND BEYOND TO BE GOOD NEIGHBORS, BUT YOU SIMPLY CANNOT HELP SOMEONE WHO HAS DELIBERATELY WALKED AWAY.
THIS IS NO LONGER A MERE LACK OF MAINTENANCE.
IT'S AN ACTIVE ONGOING DANGER TO OUR BLOCK.
[00:35:01]
REPAIR.IT HAS LACKED ELECTRICITY AND HEAT FOR OVER TWO DECADES WITH A CAVING CEILING AND EXPOSED INSULATION.
FURTHERMORE, THE PROPERTY HARBORS A SEVERE RAT INFESTATION THAT HAS SPREAD TO SURROUNDING HOMES AND THE INTERIOR ROT AND MOISTURE HAVE CREATED AN AIRBORNE HAZARD CAUSING SIGNIFICANT MOLD AND AIR QUALITY CONCERNS.
FOR THOSE OF US LIVING FEET AWAY, JUST FEET AWAY, I WANT TO BE EXPLICIT ABOUT THE PHOTOS THAT YOU SAW TONIGHT.
UM, FROM THE CODE OFFICER, THE CLEANER APPEARANCE, THE CITY OF THE CITY'S CURRENT RECORD IS SOLELY DUE TO THE CITY MANDATED ABATEMENT THAT OCCURRED IN DECEMBER OF 2025.
PRIOR TO THAT, IT WAS A SEVERE HOARDING ENVIRONMENT WITH BELONGINGS STACKED FIVE FEET HIGH.
IN FACT, WHEN DEAD TREES FROM HER OVERGROWN LOT BEGAN FALLING ONTO MY HOME AND CAUSING DAMAGE, I HAD TO PERSONALLY FUND THE CLEANUP DUE TO THE OWNER'S TOTAL NON-RESPONSE.
THE FINANCIAL AND LEGAL REALITY OF THIS PROPERTY IS EQUALLY STAGGERING.
PUBLIC RECORDS SHOWS THE OWNER IS SEVERELY DELINQUENT OWING OVER 241,000.
THAT'S $241,000 TO THE CITY AND COUNTY.
ADDITIONALLY, SHE CLAIMS A HOMESTEAD EXEMPTION AND A DISABILITY AFFIDAVIT, AFFIDAVIT ON THIS PROPERTY, BOTH OF WHICH FROM MY UNDERSTANDING, LEGALLY REQUIRE OWNER OCCUPANCY.
THERE IS CURRENTLY AN ACTIVE INVESTIGATION WITH TCAD AND THE TAX OFFICE REGARDING THIS AFTER I BROUGHT IT TO THEIR ATTENTION.
THIS PROPERTY IS A MASSIVE FINANCIAL BURDEN TO OUR COMMUNITY.
FURTHERMORE, THE OWNER HAS A HISTORY OF LEGAL DEFIANCE FAILING TO APPEAR FOR COURT SUMMONS SO MANY TIMES THAT THERE IS AN ACTIVE WARRANT OUT FOR HER ARREST.
BEYOND THE NUMBERS, THERE IS A SERIOUS SAFETY DOUBLE STANDARD.
AS MY PRIOR NEIGHBOR MENTIONED, CODE ENFORCEMENT RECENTLY INFORMED US THAT THEIR OFFICERS WILL NOT EVEN ENTER THE PROPERTY WITHOUT BACKUP OR A POLICE ESCORT DUE TO SAFETY CONCERNS.
IT IS A STARTLING CONTRADICTION.
IF THE CITY CONSIDERS THIS HOUSE TOO DANGEROUS FOR ITS OWN OFFICERS TO ENTER ALONE, IT IS CERTAINLY TOO DANGEROUS FOR US TO LIVE NEXT DOOR TO IT EVERY SINGLE NIGHT.
WE ARE ESSENTIALLY ACTING AS INVOLUNTARY PROPERTY MANAGERS FOR A SITE THAT HAS BEEN COMPLETELY FORSAKEN.
JUST A FEW MONTHS AGO, WE HAD TO REPORT A SIGNIFICANT WATER LEAK POURING OUT OF THE PROPERTY.
HAD THE NEIGHBORS NOT INTERVENED, PRECIOUS CITY RESOURCES WOULD STILL BE WASTING INTO THE GROUND BECAUSE WE STEPPED IN THE CITY, EVENTUALLY CUT THE WATER SINCE THE REPAIR WAS THE OWNER'S RESPONSIBILITY.
BUT WHY IS THE BURDEN OF TRACKING HER UTILITY FAILURES, HER CODE VIOLATIONS AND HER PROPERTY SAFETY CONSTANTLY PLACED ON US? IT IS NOT OUR RESPONSIBILITY AND IT IS NOT A SUSTAINABLE WAY FOR A NEIGHBORHOOD TO LIVE.
AT THE END OF THE DAY, THE OWNER MAINTAINS A SECOND HOME IN PECOS.
IF FINANCIAL HARDSHIP WERE THE ISSUE, SHE COULD HAVE SOLD THIS PROPERTY YEARS AGO.
THE REALITY IS THAT SHE WILL NEVER LIVE THERE AGAIN.
REPAIR IS NOT A FEASIBLE OR REALISTIC PATH FORWARD.
HISTORY HAS PROVEN THAT NO CORRECTIVE ACTION WILL BE TAKEN IF THE STRUCTURE IS NOT DEMOLISHED.
OUR NEIGHBORHOOD WILL SIMPLY CONTINUE TO SUFFER THE CONSEQUENCES OF THIS SEVERE NEGLECT.
WE HAVE BEEN PATIENT FOR 15 YEARS.
WE RESPECTFULLY URGE THIS COMMISSION TO VOTE FOR DEMOLITION SO OUR NEIGHBORHOOD CAN FINALLY MOVE FORWARD AND BE SAFE.
HI, MY NAME IS RILEY CLEMENS AND I'M 11 YEARS OLD.
I LIVE RIGHT NEXT DOOR TO 1704 WESTOVER ROAD.
I WANTED TO SPEAK TONIGHT BECAUSE LIVING NEXT TO THIS HOUSE IS HONESTLY REALLY STRESSFUL.
IT'S COMPLETELY FALLING APART AND I HAVE TO WALK RIGHT PAST IT TO AND FROM SCHOOL EVERY SINGLE DAY.
IT MAKES ME FEEL SUPER UNCOMFORTABLE JUST BEING OUTSIDE.
AND MY FRIENDS AND I ARE BASICALLY SCARED TO PLAY OUT FRONT BECAUSE OF IT.
ONE OF MY BIGGEST WORRIES IS ALL THE WILD ANIMALS LIVING OUTSIDE OF A PROPERTY.
WE'VE SEEN THEM COMING AND GOING ALL THE TIME.
I HAVE A TINY YORKIE NAMED MAX AND I'M WORRIED THAT ONE OF THE WILD ANIMALS IS GOING TO ATTACK HIM AND KILL HIM BECAUSE HE'S SO SMALL.
ON TOP OF THAT, I FEEL THE WHOLE HOUSE IS MASSIVE, IS A MASSIVE FIRE HAZARD.
IT IS RIGHT NEXT TO MY BEDROOM AND IF IT CATCHES FIRE, OUR HOUSE IS SO CLOSE TO IT THAT IT WOULD BE, IT WOULD PUT MY FAMILY MAX AND OUR HOME IN SERIOUS DANGER.
WE'VE HAD TO DEAL WITH THIS WRECK FOR A LONG TIME.
I REALLY HOPE YOU WILL CHOOSE TO TEAR IT DOWN SO WE CAN FINALLY FEEL SAFE IN OUR OWN, OUR OWN HOME.
IS THERE CARTER BLES? I THINK HE'S NOT GONNA, HE DOESN'T, NO.
[00:40:01]
YOU.UH, ARE THERE ANY QUESTIONS FOR THE OWN, UH, STAFF AT THIS TIME? LAST MEETING WE TALKED ABOUT TRYING TO REACH A FAMILY MEMBER OR SOMEONE ELSE.
DID Y'ALL, WERE Y'ALL ABLE TO REACH SOMEONE ELSE? THERE IS NOBODY TO REACH.
UM, I REACHED OUT TO HER AFTER WE LEFT.
I REACHED OUT ESSENTIALLY EVERY WEEK, UM, TELLING HER THAT I I, IT WAS A DESPERATE PLEA.
I WOULD LEAVE A VOICEMAIL AND TEXT HER AND I ASKED HER TO CALL OR TEXT OR SOMETHING AND TOLD HER THAT IT WAS GOING IN FRONT OF THE BUILDING STANDARDS COMMISSION TO MAKE A CHOICE ON TO REPAIR OR DEMOLISH IT, HOPING THAT, YOU KNOW, SHE WOULD REACH OUT AND SHE NEVER HAS.
UM, THE LAST TIME I DID SPECIFICALLY WAS MAY 19TH.
SO WHEN Y'ALL SEND HER LETTERS, ARE THEY, UM, SEATED UHHUH
THERE'S A, SOMEBODY, A CERTIFIED MAIL SIGNS FOR THEM? YES.
AND IN THAT RESPECT, WE HAVE GONE ABOVE AND BEYOND 'CAUSE WE'RE SUPPOSED TO NOTIFY WHOEVER'S LISTED ON THE, UH, CENTRAL APPRAISAL DISTRICT RECORDS.
AND WHEN WE FOUND OUT THAT SHE WAS LIVING IN PECOS, WE MADE, WE MADE SURE TO ALSO, UH, SEND THE NOTICES TO THAT ADDRESS AS WELL, SINCE THAT WAS HER, THAT'S HER LAST KNOWN ADDRESS.
SO I JUST, I SEE THE VALUE ON, ON THE, UM, TRAVIS COUNTY CAD AND IT'S 1.3 MILLION.
MAYBE SHE DOESN'T KNOW THAT IT'S THAT VALUABLE.
UM, I DID, WHEN I SPOKE TO HER BACK IN DECEMBER, I THINK I TOLD YOU GUYS THIS LAST TIME, BUT, UM, WE HAD SEVERAL CONVERSATIONS AND I WAS THROWING UP OF COURSE WITHOUT TRYING TO PERSUADE HER BECAUSE WE ARE THE CITY.
BUT I JUST WAS SAYING, DID YOU EVER CONSIDER SELLING IT? UM, DO YOU KNOW, YOU MAY, YOU COULD MAKE A LOT OF MONEY.
IT'S IN A VERY NICE NEIGHBORHOOD.
UM, YOU COULD PAY YOUR TAXES AND PROBABLY WALK AWAY WITH SOME MONEY JUST THROWING OUT DIFFERENT IDEAS.
AS I SAID BEFORE, I ALSO WAS LIKE, IF THERE WAS CHURCHES OR ANYBODY THAT CAN VOLUNTEER TO HELP YOU, YOU KNOW, UM, I KIND OF THREW OUT THOSE IDEAS TO HER AND THAT'S WHEN SHE WAS SAYING THAT SHE DOESN'T WANT TO LET IT GO FOR SENTIMENTAL REASONS.
SO I'M, I'M ASSUMING SHE KNOWS THE VALUE OF IT.
RIGHT? IT'S, IT'S HER PLACE, BUT, UM, IT, I HAVEN'T TALKED TO HER ANYMORE SINCE THEN, SO THANK YOU.
I JUST HAD A QUESTION FOR THE RECORD.
I WANNA CONFIRM THE OUTSTANDING BALANCE ON, UH, DELINQUENT TAXES.
I HEARD ONE OF THE NEIGHBORS SAY, I THINK 241,000, BUT I HEARD 300,000 THROWN OUT.
UM, I DON'T LOOK INTO THOSE RECORDS 'CAUSE IT DOESN'T PERSUADE MY JUDGMENT.
I'M JUST LOOKING AT THE STRUCTURAL CONDITION OF THE HOUSE.
UM, MS. THOMPSON IN MARCH, I HAD THE SAME QUESTION AS TO WHY YOU ARE RECOMMENDING REPAIR TO THE RESIDENTIAL STRUCTURE VERSUS DEMOLITION.
UM, WHEN WE WENT INTO THE HOUSE, UM, WHEN WE DID THE ABATEMENT AND CLEARED ALL THE TRASHING DEBRIS OUT OF IT, I DIDN'T SEE ANY MAJOR, UM, ISSUES WITH ANY OF THE STRUCTURAL COMPONENTS.
LIKE NO WALLS FALLING DOWN THE FLOOR, SECOND STORY FLOOR SEEMED SOLID WHEN I WALKED ON IT.
OF COURSE, I'M NOT LIKE A FORENSIC INSPECTOR, I CAN'T SEE THROUGH THE WALLS OR ANYTHING LIKE THAT TO TELL YOU WHAT'S GOING ON WITH ALL THE SYSTEMS. UM, BUT JUST BY MY NAKED EYE, FROM WHAT I COULD SEE, IT DIDN'T SEEM LIKE IT WAS, UM, DEMOLISHED WORTHY.
AND SINCE MARCH AND WE'RE NOW IN MAY WITH ALL THIS RAIN, I THINK YOU WERE OUT THERE ON THE 22ND.
HAVE YOU SEEN ANY, ANY DIFFERENCE? UM, IT JUST REMAINS THE SAME.
OF COURSE, THE SIDING CONTINUES TO DETERIOR DETERIORATE A LITTLE BIT SINCE THE, UM, WEATHERPROOFING IS GONE, THE PAINT'S CHIPPING AWAY SO THE, UH, THERE'S A FEW MORE HOLES IN THE SOFFIT AND THINGS LIKE THAT.
UM, THE TREES ARE A MAJOR CONCERN AS ONE OF THE NEIGHBORS MENTIONED, UM, THEY LOOK, SOME OF THEM LOOK LIKE THEY'RE DYING, UM, AND THEY'RE GROWING INTO THE HOUSE, YOU KNOW, INTO THE, THE SOFFIT AND STUFF LIKE THAT.
SO THAT'S A BIG CONCERN THERE.
UM, UH, COMMISSIONER, I THINK, UM, BOTH FOR THE BENEFIT OF THE FOLKS WHO HAVE COME TO SPEAK TODAY AND NEW COMMISSION MEMBERS, CAN YOU CLARIFY FOR US IF, UM, IF WE ORDER A REPAIR AND REPAIRS ARE NOT MADE, KIND OF WHAT HAPPENS THEN IF IT THAT WE CONTINUE TO NOT SEE COMPLIANCE? THE ROBERT MOORE DIVISION MANAGER CASE REVIEW AND ESCALATIONS DIVISION.
SO YEAH, THE RECOMMENDED ORDER WOULD GIVE 45 DAYS RIGHT AFTER THAT, THEN THE PENALTIES WOULD START TO ACCRUE.
WE HOPE THAT THAT'S MOTIVATION, UH, TO, YOU KNOW, PERFORM THE REPAIRS.
[00:45:01]
IT DOESN'T SOUND LIKE IT WILL BE.UM, BUT, BUT THAT'S OUR HOPE AND THAT'S WHY WE DO THAT AFTER, YOU KNOW, SIX MONTHS OR SO, WE WOULD THEN PROBABLY TURN IT OVER EITHER TO THE LAW DEPARTMENT OR WE WOULD POTENTIALLY BRING IT BACK FOR, UM, DEMOLITION AT THAT POINT TO SEE, UM, I MEAN, YOU KNOW, IF THINGS WORSEN AND UH, AND IT GETS WORSE, STUFF LIKE THAT, THAT'S WHEN WE'D BRING IT BACK.
SO THAT'S KIND OF LIKE THE END GAME.
IT'S EITHER LAW DEPARTMENT OR BRING IT BACK FOR DEMOLITION.
BUT JUST TO FOLLOW UP ON THAT, WE HAVE TO GIVE THEM AN OPPORTUNITY TO TRY AND RECONCILE THE ISSUES THAT ARE BEFORE THEM INSTEAD OF GOING RIGHT TO DEMO.
I MEAN, YOU CAN GO TO DEMO TONIGHT, BUT BASED ON THE CONDITION, KIND OF WHAT I HEAR THE OFFICER SAYING, WE'RE NOT AT THAT.
I MEAN, THAT'S OUR ASSESSMENT, BUT Y'ALL CAN, YOU KNOW, IF Y'ALL SEE FIT, IT'S, IT'S WITHIN YOUR JURISDICTION.
COMMISSIONER FRANCIS, COULD I ASK A FOLLOW UP QUESTION? COMMISSIONER? NA, UM, I SAW THOUGH WHAT THE RECEPTACLE OUTSIDE THAT, THAT WASN'T PROTECTED FROM THE OUTDOORS.
UM, AND WE HEARD A COUPLE OF TESTIMONY ABOUT FIRE RISK.
UM, WOULD YOU, IN YOUR OPINION, THINK THAT IS IT'S A POSSIBILITY OR IS IS POWER CUT OFF TO THE PROPERTY? THE POWER IS CUT OFF TO THE PROPERTY.
THANK YOU COMMISSIONER TOM VIC.
UM, I JUST WANTED TO GET A LITTLE BIT OF CLARITY ON, UH, I'M JUST, BECAUSE I'M VERY SYMPATHETIC TO THE, THE DEMOLITION KNEES.
I THINK THIS HOUSE IS IN REALLY BAD SHAPE AND IT'S CAUSING A MAJOR PROBLEM.
UH, I'M ALSO KIND OF CONCERNED, SAID, I GUESS WHAT MY QUESTION IS, WHEN WHEN'S THE LAST TIME YOU HAD KIND OF A SIGN OF LIFE FROM THIS PERSON? BECAUSE I KNOW SHE WAS ELDERLY AND I DON'T, I KNOW IT'S A KIND OF A GRIM DISCUSSION, BUT IT MAY BE THAT SHE PASSED AND IT'S, YOU KNOW, THERE ANY MOMENT NOW THE FAMILY'S GOING TO POP IN AND SAY WE WANNA DO X, Y, Z WITH THE PROPERTY.
UM, YEAH, I I JUST GUESS WHAT'S, WHAT'S THE LAST TIME YOU HAD KIND OF A SIGN OF LIFE FROM THIS PERSON? UM, IN NOVEMBER 24TH? UM, NOVEMBER 24TH, 2025 IS WHEN WE CONVERSATED LAST.
AND THEN YOU WERE GETTING, UH, YOU WERE GETTING CERTIFIED MAIL RECEIPTS, RIGHT? SO WHEN WAS THE LAST TIME, WAS IT THE LAST TIME YOU GOT A CERTIFIED MAIL RECEIPT? WAS THAT BEFORE THAT LAST CONVERSATION? UM, I DON'T QUITE REMEMBER THAT OFF THE TOP OF MY HEAD.
OKAY, WELL THAT'S BEEN A LONG TIME.
ANY OTHER QUESTIONS? IS THERE A MOTION TO CALL CLOSE THE PUBLIC HEARING? SO MOVED A MOTION BY COMMISSIONER MUSGROVE.
WE'LL CLOSE THE PUBLIC HEARING.
IS THERE A MOTION FROM THE COMMISSIONERS ON THIS MATTER? I HAVE A QUESTION.
COUNSEL, BEFORE WE, I THOUGHT I WAS ON, HAVE A AM I ON? I'M ON.
YOU HAVE A MOTION ON THE FLOOR? AH, WE DO HAVE A MOTION, CORRECT? I DON'T THINK SO.
NO, WE DON'T YET HAVE A MOTION.
DO WE NEED ONE FOR DISCUSSION? YES.
A IF, IF I WANTED TO MAKE A MOTION TO CHANGE THE RECOMMENDATION.
IS THAT APPROPRIATE TO DO NOW? YEAH, ABSOLUTELY.
UM, OKAY, I'VE NEVER DONE THIS BEFORE, BUT I'D LIKE TO MAKE A MOTION TO, UH, DEMOLISH THE RESIDENCE.
LET STRIKE YEAH, SOME RB THERE FOR YOU.
I MOVE TO ADOPT THE STAFF'S PROPOSED FINDING OF FACT AND CONCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER OR, UH OH, UH, MOVE TO ORDER THE FOLLOWING IN LIEU OF STAFF'S RECOMMENDED ORDER, UH, DEMOLISH THE STRUCTURE.
I, OKAY, DO YOU WANNA TAKE OVERALLY? YOU'RE REPLACING IT WITH ESSENTIALLY THIS LANGUAGE EXCEPT FOR IT'S A RESIDENTIAL STRUCTURE.
WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE DEBRIS.
CLEAN, CLEAN, LEAVING THE LOT CLEAN AND RAKED AND REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE ONE A AND ONE B.
[00:50:01]
THE 45TH, 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE DAMAGE COMMERCIAL ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE, UH, THE RESIDENTIAL STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH, THE PROPERTY OWNER SHOULD 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 THOSE EXPENSES MAY BE FILED WITH THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
COMMISSIONER BROWN FOR A SECOND.
I, I'LL SECOND MOTION BY COMMISSIONER MUSGROVE DISCUSSION.
I HAVE A QUESTION FOR COUNSEL.
IF WE WERE TO PROCEED WITH THIS WITH NO INTERACTION WITH PROPERTY OWNER AND WE GET ALL THE WAY TO THE END AND WE KNOCK THE HOUSE DOWN AND THEN SHE COMES BACK, DOES THE CITY HAVE ANY LIABILITY? SO WHEN YOU ALL ISSUE YOUR ORDER, IT IS NOT IMMEDIATELY FINAL AND SO WHAT HAPPENS IS THERE IS A 30 DAY WINDOW OF OPPORTUNITY THAT THE OWNER HAS TO APPEAL THIS ORDER.
AND SO, UH, THE CITY WILL NOT MOVE TO A DEMOLISH UNTIL WE HAVE A FINAL ORDER.
SO MEANING THE PROPERTY OWNER WILL HAVE THE OPPORTUNITY TO DEMOLISH THE PROPERTY OR TO CONTEST THE ORDER.
UM, ONCE THAT WINDOW OF OPPORTUNITY TO CONTEST THE ORDER PASSES AND ONCE THE TIMEFRAME FOR WHICH THE OWNER WOULD HAVE TO COMPLY WITH THE ORDER PASSES, THEN ESSENTIALLY WE HAVE THIS, AGAIN, WE HAVE THIS FINAL ORDER AND AT THAT POINT THE CITY WOULD BE ABLE TO TAKE ACTION.
SO THERE, AND, AND OF COURSE TO BE CLEAR, THE OWNER DOES GET NOTICE OF THE ORDER.
UM, AND SO I JUST WANNA MAKE IT EVERYONE AWARE THAT THERE IS A PROCESS TO PROVIDE THAT NOTICE AND TO PROVIDE DUE PROCESS TO THE OWNER.
UM, MR. GARRA AND THEN IF ASSUMING WE'RE PAST THAT 30 DAY, WHAT IS THE ACTUAL TIME HORIZON FOR BEING ABLE TO GET TO IT FOR DEMOLITION? UM, THAT'S WHAT I'M WORRIED ABOUT.
JUST BUDGETARY WISE, YOU KNOW, SO I DON'T KNOW WHAT THAT LOOKS LIKE.
WE'VE SPENT OUR A LOT THIS YEAR ALREADY, UH, AND WE DON'T, IT DOESN'T ROLL BACK OVER UNTIL OCTOBER.
SO YEAH, SIX MONTHS AND, AND YOU HAVE TO FOLLOW ALL THE SAME RULES AS A PROPERTY OWNER YOU HAVE TO GO THROUGH AND OH, WITH PERMITTING INSTEAD GET A PERMIT.
AND SOMEBODY'S GOTTA DO LETTING ASBESTOS TESTING MM-HMM
I THINK IT'S IMPORTANT THAT THE NEIGHBORS KNOW THIS IS EASILY A SIX MONTH PROCESS, PROBABLY LONGER OR LONGER.
ANY OTHER COMM DISCUSSION? I I HAD A COMMISSIONER VIC, I HAVE ONE MORE QUESTION FOR STAFF.
THE REASON, UH, I, I BRING THIS UP AGAIN.
I JUST DID A GOOGLE SEARCH FOR MARY NANCE AND I'M SEEING AN OBITUARY FROM LIKE TWO WEEKS AGO, UH, FOR A WOMAN NAMED MARY ANN NANCE, BUT IT IS IN HOUSTON.
YEAH, I'M JUST, I THINK WHAT I'M CONCERNED ABOUT IS THAT THE, THE FAMILY'S GONNA SHOW UP ANY MOMENT NOW AND, AND THEY MIGHT BE ABLE TO TAKE CARE OF THE, THE DEMOLITION AND ALL THAT KIND OF STUFF FOR US 'CAUSE THEY'RE PROBABLY JUST GONNA WANNA SELL THE HOUSE AND SO THAT WOULD BE MY ONE CONCERN.
BUT IF IT'S ALREADY GONNA TAKE THAT LONG FOR THE CITY TO, TO MOVE FORWARD WITH THE DEMOLITION PROCESS AND I SAY WE GO AHEAD AND DO IT SOUNDS LIKE THERE'S PLENTY OF OPPORTUNITY FOR THAT TO CORRECT.
WITHIN THE CONSTRAINTS OF HOW MUCH TIME THERE IS BETWEEN TONIGHT AND THAT ACTUAL YEAH, CORRECT.
AGAIN, THE, I'M SORRY I TO DIDN'T INTERRUPT.
AGAIN, THE ORDER WILL HAVE TO BE SIGNED, IT WILL HAVE TO BE MAILED.
UH, WE THEN HAVE TO ALLOW THAT 30 DAY WINDOW YOU ALL HAVE ALSO, THERE'S TECHNICALLY AN ADDITIONAL 15 DAYS TO THAT BECAUSE THE ORDER IS FOR 45 DAYS, WHICH IS APPROPRIATE.
UM, AND THEN SO THAT STILL HAS TO RUN ITS COURSE AND THEN OF COURSE THE CITY, AS MR. MOORE EXPLAINED, HAS TO MAKE SURE THAT THERE IS THE ABILITY TO BE ABLE TO CARRY OUT THIS DEMOLITION.
SO AGAIN, I JUST WANNA MAKE SURE THAT THAT IS CLEAR.
ALSO CHAIR, IF I MAY ADD, I THINK WE DO NEED TO CLARIFY THE MOTION A LITTLE BIT.
IT WAS BROUGHT TO MY ATTENTION THAT THERE WAS MENTION OF A FIRE DAMAGED STRUCTURE.
[00:55:01]
SO I THINK WE JUST WANT TO CLARIFY FOR PURPOSES OF THE RECORD, THAT THERE, AT LEAST BASED ON INSPECTOR, UM, THOMPSON'S TESTIMONY OR SUPERVISOR THOMPSON'S TESTIMONY THIS EVENING, UH, I DON'T BELIEVE THERE WAS ANY FIRE DAMAGE TO THE STRUCTURE.SO IF WE CAN, BEFORE YOU ALL TAKE A VOTE, IF WE CAN JUST GO THROUGH THE MOTION ONCE MORE.
JUST TO CLARIFY FOR THE RECORD, DOES SURE.
DOES COMMISSIONER BROWN NEED TO MAKE THAT CLARIFICATION? UM, IT CAN EITHER BE COMMISSIONER BROWN OR THE CHAIR ACTING IN HIS CAPACITY AS A CHAIR CAN MAKE THAT CLARIFICATION.
SO BASICALLY IT'S JUST, IT'S YEAH, JUST SO USING ANOTHER MOTION IS TO DEMOLISH THE PROPERTY WITHIN 45 DAYS FROM THE DATE OF THE ORDER, OBTAIN AND FINALIZE IT ON NECESSARY PERMITS, REQUEST INSPECTIONS FROM AUSTIN DEVELOPED SERVICES TO VERIFY COMPLIANCE ON THE 46TH DAY COMPLIANCE HAS NOT BEEN ACHIEVED.
AUTHORIZED CODE OFFICIAL TO PROCEED WITH DEMOLITION AND AS IT'S, YOU WANT READ ALL THAT, UH, IT'S AS THE STAFF CLEAN PLATES TO REREAD IT.
AUTHORIZED CODE OF OFFICIAL PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE OF THE, EXCUSE ME, ALL PORTIONS OF THE DAMAGED STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSAL OF SUCH PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICE IS AUTHORIZED TO ASSESS ALL EXPENSES OCCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY TEXAS CONSTITUTIONAL LIEN FOR THOSE EXPENSES MAY BE FILED WITH THE CITY OF AUSTIN RECORDED WITH TRAVIS COUNTY DEED RECORDS, INTRA SHALL ACCRUE A RATE AT 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
DO WE HAVE TO DO IT AGAIN? NO.
UM, JUST TO CLARIFY, THAT WAS A MOTION MADE BY COMMISSIONER BROWN AND SECONDED BY COMMISSIONER MUSGROVE.
THE MOTION WAS MADE BY COMMISSIONER BROWN AND SECONDED BY COMMISSIONER MUSGRAVE.
ANY OTHER DISCUSSION? I JUST WENT, I WENT TO THIS ONE GUYS.
HEARING NUMBER, WE'LL DO A ROLL VOTE.
THANK YOU ALL FOR COMING TONIGHT.
CHAIR, MAY I RETURN TO ITEM TWO ON THE AGENDA? YES SIR.
[2. Case Number: CL 2026-051778 ]
TWO ON THE AGENDA IS, UM, EXCUSE ME, CASE NUMBER CL 20 26 0 5 1 7 78 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 6,700 BRANCHWOOD DRIVE.THE EXHIBITS CAN BE FOUND IN THE, SORRY, ONE SECOND BROWN.
THE EXHIBITS CAN BE FOUND IN THE LIGHT BROWN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE IS REGARDING A RE, A RESIDENTIAL PROPERTY NOT HOMESTEADED.
THE CASE WAS OPEN IN NOVEMBER OF 2024 AS A RESULT OF A COMPLAINT FOR ACCUMULATION OF DEBRIS.
THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY TO ADDRESS THE VIOLATION CITED.
THE STRUCTURE IS CONSIDERED SUBSTANDARD WITH
[01:00:01]
DANGEROUS CONDITIONS WHICH REQUIRE REPAIR.IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO DOUBLE K AND THE RECOMMENDED ORDER CODE INSPECTOR TREY KLEINER IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR KLEINERT, PLEASE BEGIN YOUR TESTIMONY.
I AM A CODE INSPECTOR FOR THE CITY OF AUSTIN.
THE CASE I AM PRESENTING BEFORE YOU WILL BE FOR 6,700 BRANCHWOOD AUSTIN, TEXAS OF AN INTERIOR AND EXTERIOR INSPECTION.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
ON NOVEMBER 13TH, 2024, WE RECEIVED A COMPLAINT FOR THIS PROPERTY.
UPON THE INITIAL INSPECTION OF THIS PROPERTY, MULTIPLE EXTERIOR IPMC VIOLATIONS WERE OBSERVED.
ON DECEMBER 2ND, 2024, THE PROPERTY WAS POSTED WITH THE NOTICE OF VIOLATION.
SINCE THAT DATE AND THROUGH TODAY, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE.
AUSTIN CODE COMPLIANCE WAS NOTIFIED ON MARCH 20TH, 2026 BY TEXAS GAS AND EXPECT AN INSPECTOR FOR TEXAS GAS RECENTLY CONDUCTED AN INSPECTION OF THE PROPERTY AND AFTERWARDS NOTIFIED HIS SUPERVISOR OF LIFE AND SAFETY CONCERNS THAT HE OBSERVED IN THE HOME.
THIS INFORMATION WAS FORWARDED TO DEVELOPMENT DEVELOPMENT SERVICES BASED ON THIS INFORMATION AND THE INFORMATION THAT WE PREVIOUSLY HAD.
ON THE EXTERIOR, A SEARCH WARRANT WAS OBTAINED TO DOCUMENT THE INTERIOR OF THE PROPERTY AND ABATE THE EXTERIOR OF THE PROPERTY FOR UNSANITARY CONDITIONS.
THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE A REPRESENTATION OF MANY OF THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS.
EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF A SINGLE FAMILY STRUCTURE LOCATED AT 6,700 BRANCH STREET DRIVE SHOWING AN ACCUMULATION OF TRASH, RUBBISH AND DEBRIS THROUGHOUT, INCLUDING DISCARDED HOUSEHOLD HOUSEHOLD APPLIANCES.
EXHIBIT TWO B AND THE FOLLOWING TWO C ARE PHOTOGRAPHIC EXAMPLES OF MULTIPLE STRUCTURAL DEFICIENCIES LOCATED AT THIS, THIS LOCATION.
EXHIBIT TWO B SHOWS THE GARAGE AND DISREPAIR FASCIA, BOARDS AND DISREPAIR EXTERIOR LIGHTS AND DISREPAIR AND DOORS AND FRAMES IN DISREPAIR.
EXHIBIT TWO C SHOWS A BLOCKED GARAGE WINDOW ALONG WITH MESH COVERING PREVENT PREVENTING A A EGRESS IN CASE OF EMERGENCY.
THE GARAGE IS CURRENTLY BEING USED FOR HABITATION WITH ONLY ONE WAY IN OR OUT.
EXHIBIT 2D IS A PICTURE OF A WINDOW AND DISREPAIR WITH MORE ACCUMULATION OF TRASH, RUBBERS AND DEBRIS ON THE PROPERTY.
IF YOU LOOK NEAR THE BLUE RECYCLING TRASH CARD, YOU CAN SEE THE REMAINS OF TRASH THAT WAS EXTINGUISHED BY TENANTS.
AS WE ARRIVED AT THE PROPERTY JUST BEFORE WE ARRIVED AT THE PROPERTY, THERE WAS A LITTLE FIRE GOING ON RIGHT THERE THAT THEY HAD TO PUT OUT.
EXHIBITS TWO E IS A REPRESENTATIVE EXAMPLE OF ANOTHER COMMON DEFICIENCY ALSO FOUND THROUGHOUT THE STRUCTURE SIDING AND DISREPAIR, INCLUDING SECTIONS OF MISSING SIDING WHICH ALLOWS FOR VERMIN, EXTERIOR ELEMENTS AND THE POSSIBILITY OF RAIN ENTERING THE STRUCTURE.
WE CAN ALSO SEE EXTERIOR, EXTERIOR LIGHTING, GUTTERS AND ELECTRICAL SERVICE DISCONNECTS AND DISREPAIR.
THE COVERING NEAR THE WHITE UNITARY AIR CONDITIONING SYSTEM OR WINDOW UNIT COVERS ANOTHER WINDOW.
THIS ROOM IS OCCUPIED BY A MOBILITY IMPAIRED PERSON.
FACE AND WINDOW TRIM ARE IN DISREPAIR AND SOME LIKE PROPER SURFACE COATING.
EXHIBIT TWO F IS ANOTHER PHOTOGRAPHIC EXAMPLE OF DIFFERENT AREAS OF SIDING AND DISREPAIR.
THIS PHOTO IS OF AN OCCUPIED LOFT AREA.
YOU CAN SEE THE ROOF OF A, UH, OF A LOFT IN DISREPAIR, INCLUDING MORE ROTTED OUT FASCIA.
A TURBINE ROOF BENT DISREPAIR.
YOU CAN SEE WHERE ANOTHER WINDOW HAS BEEN BOARDED UP AND RAIN GUTTERS ARE SET TO DRAIN TOWARDS IT.
EXHIBIT TWO G IS A PHOTOGRAPH OF THE MAIN ELECTRICAL PANEL MISSING A DEAD FRONT FACE PLATE COVER, WHICH EXPOSES THE LIVE HIGH VOLTAGE.
THIS MISSING DEAD FRONT PLATE PRESENTS AN IMMEDIATE LIFE SAFETY HAZARD.
ANY ACCIDENTAL CONTACT WITH A PANEL BY A VULNERABLE INDIVIDUAL OR RESPONDING PERSONNEL WILL RESULT IN SEVERE ELECTRICAL SHOCK, WHICH COULD BE FATAL.
[01:05:02]
IS A REPRESENTATIVE PHOTOGRAPH OF MULTIPLE WATER SPIGOTS, MISSING AN ANTIS SIPHON VALVE.HERE YOU CAN SEE WHERE MOLD, MILDEW, OR ALGAE LIGHT GROWTHS ARE OCCURRING DUE TO THE CONTINUED DAMPNESS IN THE AREA ALONG WITH MORE SIDING AND DISREPAIR.
NEXT SLIDE PLEASE IS A PHOTOGRAPH OF A SHED THAT IS BUILT INTO THE REQUIRED REAR SETBACK OF THE PROPERTY.
THIS SHED IS CURRENTLY BEING USED AS HABITABLE SPACE WITH NO PROPER UTILITIES NOR VENTILATION.
YOU CAN SEE, UH, THE BROKEN WINDOW AS WELL AS MORE UNSANITARY CONDITIONS.
MANY OF THE BUCKETS ON THE PROPERTY, STORE FECES AND OTHER HUMAN WASTE.
EXHIBIT TWO J IS A PHOTOGRAPH OF THE BOARDED UP GARAGE.
THIS BLOCKS ANOTHER POINT OF EGRESS IN CASE OF AN EMERGENCY.
EXHIBIT 2K IS A PHOTO OF THE MAIN ENTRYWAY SHOWING TRIM AND SIDING AND DISREPAIR.
YOU CAN ALSO SEE STAGNANT WATER NEAR THE ENTRANCE.
EXHIBIT TWO L IS A PHOTOGRAPH OF INTERIOR WALLS, FLOORING AND TRIM AND THE CENTRAL AIR CONTROLS THAT ARE LOCATED ON THE WALL THERE ALL IN DISREPAIR.
EXHIBIT TWO M IS A PHOTOGRAPH OF THE CONDITION OF A PARTIALLY BLOCKED STAIRWAY AND STEPS LEADING TO THE LOFT AREA.
AND RIGHT NEXT TO THAT TWO IN IS A CLOSEUP PHOTOGRAPH OF THE INDIVIDUAL STAIRS.
EXHIBIT TWO OH IS A PHOTOGRAPH WITHIN THE STAIRWELL AREA, WHICH INCLUDES HOLES IN THE WALLS AND CEILING AREA WHERE AN OSCILLATING FAN WAS INSTALLED AT ONE POINT.
EXTENSION CORDS WERE USED TO HARD WIRE INTO THE ELECTRICAL SYSTEM.
EXHIBIT TWO P ARE PHO AND, AND THE FOLLOWING.
PHOTOGRAPH TWO Q ARE PHOTOGRAPHS OF THE ATTIC SPACE BEING USED AS STORAGE AND MISSING INSULATION.
YOU CAN SEE THE GAPING HOLE IN THE CEILING AND WHICH ALLOWS FOR UNRESTRICTED DRAFTS THERE AT THE END OF THE HALLWAY.
MOISTURE AND PEST TO ENTER INTO THE INTERIOR OF THE STRUCTURE CODE REQUIRES A FIRE REIVE SEPARATION BETWEEN THE LIVING SPACE AND THE ATTIC.
THIS LARGE HOLE IN THE CEILING WOULD ALLOW FIRE AND SMOKE TO SPREAD RAPIDLY INTO THE ATTIC AND THE STRUCTURE.
EXHIBIT TWO R IS A PHOTOGRAPH OF THE CEILING WITH THE KITCHEN.
UH, WITHIN THE KITCHEN AND DINING AREAS YOU CAN SEE LIGHT FIXTURES HANGING FROM THEIR WIRES AND A CEILING FAN AND DISREPAIR.
CABINETS AND KITCHEN STOVE ARE IN DISREPAIR AND AT THE TIME THAT THIS INSPECTION NO WORKING SMOKE OR CARBON MONOXIDE ALARMS WERE FOUND.
THIS IS, UH, BASICALLY TWO S OH.
TWO S IS A PHOTOGRAPH WHICH SHOWS A MAKESHIFT COUNTER IN THE AREA WHERE THE KITCHEN SINK SHOULD BE.
UH, EXHIBIT TWO T IS A PHOTOGRAPH OF THE KITCHEN STOVE, WHICH IS IN DISREPAIR.
EXHIBITS TWO U AND TWO V ARE PHOTOGRAPHS OF THE ONLY ENTRY AND EXIT INTO THE GARAGE AREA.
THE GARAGE IS CURRENTLY BEING USED AS HABITABLE SPACE.
DURING THIS INSPECTION OF THE PROPERTY, THE SINGLE FAMILY STRUCTURE TO VERIFY PREVIOUSLY SEEN VIOLATIONS, WE WERE UNABLE TO ENTER THE GARAGE DUE TO THE NUMBER OF VIDING ITEMS BEING HOARDED FROM FLOOR TO CEILING.
IN THIS SPACE, THERE WAS A PERSON WITH DOGS IN THE GARAGE.
DURING THIS INSPECTION, WE WERE UNABLE TO INSPECT THE GAS WATER HEATER LOCATED IN THE GARAGE TO VERIFY THE PREVIOUSLY OBSERVED VIOLATIONS.
EXHIBITS TWO W AND TWO X ARE PHOTOGRAPHS OF THE HOARDING OCCURRING NOT ONLY IN THE GARAGE BUT IN THE REST OF THE SINGLE FAMILY STRUCTURE.
EXHIBITS TWO Y AND TWO Z ARE CLOSEUPS OF THE CEILING AREA.
HEADING TO THE LOFT, YOU CAN SEE EXPOSED ELECTRICAL WIRING AND HOLES FROM THE CEILING INTO THE LIVING SPACES.
EXHIBIT TWO AA AND TWO BB ARE PHOTOGRAPHS OF DOORS, THEIR HARDWARE TRIMS, INTERIOR WALLS, AND FLOORING AND DISREPAIR.
EXHIBIT TWO CC IS A PHOTOGRAPH OF AN ELECTRICAL SUBPANEL INSIDE THE SINGLE FAMILY STRUCTURE, WHICH IS MISSING.
ITS DEAD FRONT FACE PLATE COVER.
AS WITH THE MAIN ELECTRICAL PANEL OUTSIDE THE MISSING DEAD FRONT PLATE FOR THIS INTERIOR, SUBPANEL PRESENTS AN IMMEDIATE LIFE SAFETY HAZARD.
ANY ACCIDENTAL CONTACT WITH A PANEL BY A VULNERABLE INDIVIDUAL OR RESPONDING PERSONNEL WILL RESULT IN SEVERE ELECTRICAL SHOCK, WHICH COULD BE FATAL.
UH, EXHIBIT TWO DD IS A PHOTOGRAPH WHICH SHOWS A MISSING SMOKE ALARM.
[01:10:01]
EXHIBIT EXHIBIT TWO EE IS A PHOTOGRAPH LEADING INTO THE BATHROOM AREA.UH, YOU CAN SEE FECES ON THE FLOOR AND DAMAGE TO THE DOOR.
THIS RESTROOM IS IN THE SAME HALLWAY AS THE PREVIOUSLY SEEN SUB-PANEL.
EXHIBIT TWO F IS A PHOTOGRAPH OF LIGHTS AND VENTILATION, WHICH ARE NOT FUNCTIONING WITHIN THE BATHROOM.
EXHIBIT TWO GG IS A PHOTOGRAPH OF THE TOILET, UH, IN DISREPAIR, SHOWING A FIRE DAMAGED TOILET SEAT AND A LARGE HOLE IN THE TUB ENCLOSURE WHERE THE OVERFLOW SHOULD BE.
EXHIBIT TWO HH IS A PHOTOGRAPH OF DAMAGE, ELECTRICAL ENCLOSURES, AND MISSING GROUND FAULT CIRCUIT, UH, INTERRUPTER ON IN WITHIN THE GARAGE.
EXHIBIT TWO II IS, UH, OF THE CENTRAL AIR CONDITIONER, WHICH IS NOT FUNCTIONING AS A, AS INTENDED.
JJ IS, UH, PHOTOGRAPH, WHICH SHOWS GAS LINE OF THE CENTRAL AIR CONDITIONER NEXT TO EXPOSED ELECTRICAL WIRES.
AND TWO, KK IS A PHOTOGRAPH WHICH SHOWS AN AREA ABOVE THE CENTRAL AIR CONDITIONER WHERE A CEILING SHOULD BE, UH, BUT IT'S NOT LEADING UP INTO THE ATTIC AREA, UH, WHICH ALLOWS FOR UNRESTRICTED DRAFTS, MOISTURE AND PESTS TO ENTER INTO THE INTERIOR OF THE STRUCTURE.
WITH THIS, I CONCLUDE MY PRESENTATION OF 6,700 BRANCHWOOD DRIVE AND STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDED ORDER.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND HAS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO.
KK TWO DOUBLE K STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, SHOW THE OWNER AS VANESSA AND JESSA, RAY GONZALEZ.
ARE THEY HERE? I DON'T BELIEVE SO.
UH, CHAIR, WOULD YOU, WOULD YOU LIKE TO ADMIT THE EXHIBITS NOW? I WILL NOW, YES.
SO WE HAVE ONE, UH, TWO A THROUGH TWO KK AND THEN THE INTERESTED PARTY EXHIBIT, CORRECT? CORRECT.
SINCE WE DON'T HAVE THE OWNERS HERE, WE'LL PROCEED TO, UH, WE DO HAVE, I THINK WE HAVE THE OWNER'S REPRESENTATIVE ON, ON THE PHONE.
IS THAT CORRECT? THEY WERE ON THE PHONE EARLIER, BUT THEY HAVE BEEN GONE SINCE AND WE'VE BEEN TRYING TO CONTACT THEM, BUT SO FAR, NO LUCK.
DO WE HAVE A NAME? YES, IT'S, UH, UH, GARLAND.
UM, SHALL WE PROCEED TO PUBLIC INPUT ON THIS? YES.
UH, MR. WHITE HERE THIS EVENING.
MR. WHITE TO COME AND HAVE A SEAT.
[01:15:05]
OKAY.CAN YOU STATE YOUR NAME? CHARLES WHITE.
UM, I'VE BEEN A NEIGHBOR OF THIS HOUSE.
WE'VE BEEN LIVING IN THE HOUSE NEXT DOOR SINCE 2010.
MY WIFE GREW UP IN THAT HOUSE.
UM, IT, THE HOUSE THAT YOU'RE LOOKING AT IN THOSE PICTURES WAS ACTUALLY A REALLY NICE HOUSE AT ONE POINT.
UM, BUT IT'S WITHIN THE LAST 10, 8, 10 YEARS.
UM, IT WAS OCCUPIED BY GARDEN SAVAGE AND JUST WE'VE GONE DOWNHILL.
UM, I HAVE A TESTIMONY HERE THAT I WROTE.
UM, OVER THE PAST SEVERAL YEARS, THE LIVING CONDITIONS AND ACTIVITY COMING FROM PROPERTY 6,700 BRANCHWOOD DRIVE IN AUSTIN HAVE CREATED AN ENVIRONMENT THAT HAS BECOME UNSAFE, UNHEALTHY, AND EXTREMELY DISRUPTIVE FOR US AND NEIGHBORING RESIDENTS.
WE'VE DEALT WITH AN ONGOING ACCUMULATION OF TRASH BAGS COVERING BOTH THE FRONT AND BACKYARD WITH GARBAGE REGULARLY OVERFLOWING ONTO OUR PROPERTY.
THE CONDITION OF THE PROPERTY HAS ATTRACTED CONSTANT ACTIVITY AND CREATED SERIOUS SANITATION CONCERNS.
NUMEROUS PEOPLE AND DOGS APPEAR TO BE LIVING IN OR USING A SHED LOCATED IN THE BACKYARD.
WE WITNESSED PEOPLE USING BUCKETS AS TOILETS AND THEN CLEANING THOSE BUCKETS IN THE DRIVEWAY.
THERE HAVE ALSO BEEN SEWAGE RELATED PROBLEMS INCLUDED, A DAMAGED SEWAGE DRAIN THAT CREATED STANDING WASTE AND UNSANITARY PUDDLING.
THE PROPERTY HAS BECOME A SOURCE OF CONTINUAL DISTURBANCE AND INSTABILITY.
INDIVIDUALS WHO CLAIM THEY DO NOT LIVE THERE ARE CONSISTENTLY PRESENT AND OFTEN BECOME LOUD, AGGRESSIVE, AND CONFRONTATIONAL.
WHEN CONCERNS ARE RAISED ABOUT TRASH DOGS OR BEHAVIOR AFFECTING US AND NEIGHBORS, WE'VE SEEN PEOPLE SLEEPING BETWEEN OUR HOUSE AND THEIRS AND WALKING THROUGH OUR BACKYARD TO ACCESS THE SHED AND GATHER ON THE PROPERTY.
THERE'S FREQUENT AND OPEN DRUG USE OCCURRING OUTSIDE IN THE FRONT YARD.
WE EXPERIENCE CONSTANT KNOCKING AT OUR DOOR AT UNUSUAL HOURS FROM PEOPLE ASKING TO USE OUR PHONE OR REQUESTING CIGARETTES.
OUR PERSONAL PROPERTY AND SENSE OF SECURITY HAVE BEEN REPEATEDLY VIOLATED.
WE HAVE EXPERIENCED THEFT FROM OUR DRIVEWAY AND PORCH.
PEOPLE USED OUR WATER HOSE WITHOUT PERMISSION AND LEFT IT RUNNING FOR DAYS WHILE WE WERE OUTTA TOWN.
VISITORS CONNECTED TO THE PROPERTY VANDALIZED OUR MAILBOX TO THE POINT WHERE WE HAD TO HAVE IT REPLACED.
VEHICLES ROUTINELY STOP AND BLOCK OUR DRIVEWAY, CREATING ADDITIONAL INCONVENIENCE AND SAFETY CONCERNS.
THE POLICE PRESENCE ALONE SPEAKS VOLUMES ABOUT THE SERIOUSNESS OF THE SITUATION.
WE HAVE BEEN FORCED TO REMAIN LOCKED IN OUR HOME WHILE LAW ENFORCEMENT'S CONDUCTED RAIDS ON THE PROPERTY THREE SEPARATE TIMES.
PERHAPS MOST DISTURBING HAS BEEN THE VIOLENCE CONNECTED TO PEOPLE ASSOCIATED WITH THIS RESIDENCE.
IN ONE INCIDENT, A PERSON WAS ASSAULTED WITH A HAMMER AND RAN TO OUR HOME SEEKING HELP, FORCING US TO CALL AN AMBULANCE.
THIS IS NOT SIMPLY ABOUT INCONVENIENCE OR NEIGHBOR DISAGREEMENTS.
IT IS ABOUT PUBLIC SAFETY, SANITATION, PROPERTY RIGHTS, AND THE BASIC EXPECTATION THAT FAMILIES SHOULD FEEL SECURE IN THEIR OWN HOMES.
WE WORK HARD, PAY TAXES AND CARE FOR OUR PROPERTY, YET WE HAVE BEEN LEFT FEELING TRAPPED AND UNSAFE IN THE PLACE WE'RE SUPPOSED TO CALL OUR HOME.
WE'RE ASKING FOR MEANINGFUL ACTION AND ACCOUNTABILITY SO THAT OUR NEIGHBORHOOD CAN BECOME SAFE, SANITARY, AND LIVABLE AGAIN.
WILL YOU MOVE THAT MIC CLOSER TO YOU? THERE YOU GO.
UM, I LIVE NEAR 6,700 BRANCHWOOD.
I'M SPEAKING TONIGHT ON BEHALF OF MYSELF AND SEVERAL SURROUNDING NEIGHBORS WHO HAVE BEEN DIRECTLY IMPACTED BY THE CONDITIONS AT THIS PROPERTY FOR MANY YEARS.
OVER THE PAST YEAR AND A HALF S HAVE MADE EXTENSIVE EFFORTS TO RESOLVE THIS SITUATION THROUGH NORMAL CHANNELS.
WE'VE REPEATEDLY CONTACTED A PD AUSTIN CODE ENFORCEMENT, EMS, ANIMAL CONTROL, AND OUR CITY COUNCIL OFFICE, AND OTHER RELEVANT DEPARTMENTS.
WE HAVE ATTENDED MEETINGS, SUBMITTED DOCUMENTATION COORDINATED WITH INVESTIGATORS AND CODE OFFICERS,
[01:20:01]
AND COMPILED EXTENSIVE PUBLIC RECORDS RELATED TO THIS PROPERTY.USING THE RAW DATA THAT WE OBTAINED THROUGH PUBLIC INFORMATION REQUESTS IN CITY REPORTING SYSTEMS OVER A TWO YEAR SAMPLE SIZE, WE DOCUMENTED 220 EMERGENCY SERVICE CALLS ASSOCIATED WITH THIS PROPERTY, MOSTLY A PD 28 EMS RESPONSES, INCLUDING HIGH ACUITY INCIDENTS, OVER 50 PAGES OF 3 1 1 CASE FILES, MOSTLY CODE RELATED OVER FIVE ANIMAL CONTROL INCIDENTS.
AND PLEASE NOTE THAT THIS ONLY CAPTURES WHAT'S ACTUALLY BEEN REPORTED.
THE NEIGHBORS SPEAKING HERE TONIGHT WILL FURTHER CONFIRM AND CONTEXTUALIZE MANY OF THESE CONDITIONS FROM DIRECT PERSONAL EXPERIENCE.
AND AT THIS POINT, IT'S NO LONGER AN ISOLATED CODE ISSUE OR A TEMPORARY NEIGHBORHOOD DISPUTE.
THIS PROPERTY HAS FUNCTIONED AS A PERSISTENT NUISANCE IN PUBLIC SAFETY CONCERN FOR A PROLONGED PERIOD OF TIME.
DESPITE EXTENSIVE CITY INVOLVEMENT AND REPEATED ATTEMPTS AT VOLUNTARY COMPLIANCE, WE UNDERSTAND THAT OWNERSHIP AND OCCUPANCY ISSUES MAY BE COMPLICATED.
HOWEVER, FROM THE PERSPECTIVE OF THE SURROUNDING COMMUNITY, THE CORE ISSUE IS THAT THE STRUCTURE REMAINS ACCESSIBLE AND CONTINUES TO FACILITATE ONGOING NUISANCE AND CRIMINAL ACTIVITY.
AS LONG AS UNRESTRICTED ACCESS CONTINUES, THE SURROUNDING NEIGHBORHOOD WILL CONTINUE EXPERIENCING THE SAME HARMFUL CONDITIONS.
FOR THAT REASON, WE RESPECTFULLY ASK THE COMMISSION TO ISSUE THE STRONGEST PRACTICAL ORDER AVAILABLE UNDER ITS AUTHORITY.
SPECIFICALLY, WE ASK THE COMMISSION TO CONSIDER SECURE, UH, SECURING THE STRUCTURE AGAINST ALL UNAUTHORIZED ENTRY, VACATING THE STRUCTURE IF APPROPRIATE, OR DEMOLITION IF THE COMMISSION ULTIMATELY DETERMINES THAT THE CONDITIONS WARRANT THAT LEVEL OF INTERVENTION.
AT MINIMUM, WE ASK FOR A STRONG SECURING ORDER WITH FIRM COMPLI, WITH A FIRM COMPLIANCE TIMELINE AND AUTHORIZATION FOR THE CITY TO ACT.
OUR NEIGHBORHOOD HAS LIVED WITH THESE CONDITIONS FOR A VERY LONG TIME.
WE'RE SIMPLY ASKING FOR A DURABLE SOLUTION THAT RESTORES BASIC SAFETY, STABILITY, AND QUALITY OF LIFE TO THE SURROUNDING COMMUNITY.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
UM, MY, UH, MY HUSBAND KYLE AND I LIVE AT 6 6 0 9 BRANCHWOOD DRIVE DIRECTLY ACROSS THE, UH, STREET FROM THE PROPERTY WE'RE DISCUSSING TODAY.
WE PURCHASED OUR HOME IN DECEMBER, 2022.
WITHIN MONTHS, WE BEGAN WI WITNESSING SERIOUS PUBLIC SAFETY ISSUES TIED TO THIS PROPERTY, ROAMING, AGGRESSIVE DOGS VIOLENT ALTERCATIONS, AND REPEATED LATE NIGHT POLICE ACTIVITY.
AS HOMEOWNERS, WE WERE FORCED TO BUILD A PRIVACY FENCE JUST TO FEEL SAFER IN OUR OWN HOME.
SINCE THEN, THE SITUATION HAS ONLY ESCALATED OUR NEIGHBORS, AND WE HAVE WITNESSED OPEN DRUG USE AND SUSPECTED DRUG SALES, TRASH AND DEBRIS OVERFLOWING INTO THE STREET, STREET RACING, ASSAULTS, THEFTS, AND CAR THEFTS, THREATENING BEHAVIOR TOWARDS HOMES WITH CHILDREN.
INSIDE GUN VIOLENCE FIRES FROM UNCONTROLLED TRASH BURNING AND ANIMAL ABUSE.
THIS WAS NOT AN ISOLATED NUISANCE ISSUE.
THERE WAS A POLICE RAID AT THIS PROPERTY RESULTING IN MULTIPLE ARRESTS, INCLUDING MINORS.
EVENTUALLY, OUR NEIGHBORHOOD REACHED A BREAKING POINT.
RESIDENTS ORGANIZED, SIGNED A PETITION AND BROUGHT CONCERNS TO CITY COUNCIL, THE MAYOR'S OFFICE, A PD CODE ENFORCEMENT, AND ALL OTHER RELEVANT AGENCIES.
WE EVEN HIRED A PRIVATE INVESTIGATOR WHOSE FINDINGS DOCUMENTED APPROXIMATELY 250 EMS FIRE, A PD, AND ANIMAL CONTROL CALLS CONNECTED TO THIS PROPERTY IN JUST ONE YEAR.
WE ARE HOMEOWNERS, FAMILIES AND NEIGHBORS WHO FOLLOW THE RULES, INVEST IN OUR HOMES AND CARE ABOUT OUR COMMUNITY.
YET WE, MANY OF US, FEEL THAT DESPITE YEARS OF DOCUMENTED IMPACTS, THERE'S BEEN LITTLE MEANINGFUL ACCOUNTABILITY GIVEN THE SEVERITY, DURATION AND ONGOING DANGER ASSOCIATED WITH THIS PROPERTY.
WE RESPECTFULLY ASK THAT THE REMEDY, UH, BE PROPORTIONATE TO THE HARM INFLICTED ON THIS NEIGHBORHOOD.
WE ARE ASKING THIS COMMISSION TO ORDER VACATE BOARD AND SECURE OR DEMOLITION TO PROTECT THE SAFETY AND WELLBEING AND RIGHTS OF THE SURROUNDING COMMUNITY.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
MR. WILLIAMS, MILES WILLIAMS. GOOD EVENING COUNCIL MEMBERS.
MY NAME IS MILES WILLIAMS. UM,
[01:25:01]
I'M A LICENSED PRIVATE INVESTIGATOR BASED HERE IN AUSTIN, TEXAS.I WAS HIRED BY THE RESIDENCE LIVING NEAR 6,700 BRANCHWOOD DRIVE TO REVIEW PUBLIC RECORDS AND EVALUATE THE ONGOING ACTIVITY CONNECTED TO THE PROPERTY.
MY ROLE WAS SIMPLE IN AN EMOTIONAL, GATHER THE FACTS, FACTS ORGANIZE THE RECORDS, AND DETERMINE WHETHER THERE WAS A DOCUMENTED PATTERN OF PUBLIC SAFETY CONCERN.
AFTER REVIEWING RECORDS FROM A-P-D-E-M-S, AUSTIN FIRE ANIMAL SERVICES 3 1 1 AND COUNTY DEED FILINGS, I CAN SAY PROFESSIONALLY THAT THE SITUATION SURROUNDING THIS PROPERTY IS SEVERE, ONGOING, AND DEEPLY TROUBLING.
THE RECORDS SHOW MORE THAN 220 POLICE CALLS FOR SERVICE TRIED TO THIS SINGLE ADDRESS OVER ROUGHLY A TWO YEAR PERIOD.
THOSE CALLS INCLUDE DOMESTIC VIOLENCE DISTURBANCES, VIOLATION OF PROTECTIVE ORDERS, CRIMINAL TRESPASS, NARCOTICS RELATED INCIDENTS, BURGLARY OF RESIDENCE, ASSAULT RELATED ACTIVITY, TERRORISTIC THREATS, AND PAGES MORE.
IN ADDITION TO POLICE ACTIVITY, EMS RECORDS SHOW REPEATEDLY HIGH ACUITY EMERGENCY RESPONSES.
THESE INCLUDE OVERDOSE CALLS, ASSAULT INJURIES, UNCON, UNCONSCIOUS PERSONS, A SERIOUS STROKE RESPONSE, AND EVEN A GUNSHOT WOUND CALL TIED TO THE PROPERTY.
AUSTIN FIRE DEPARTMENT RECORDS SHOWS REPEATED RESPONSES AS WELL, INCLUDING SMOKE INVESTIGATIONS, TRASH FIRES, AND MEDICAL ASSISTS, ANIMAL SERVICE RECORDS DOCUMENT AGGRESSIVE DOGS TIED TO THE PROPERTY, INCLUDING A BITE INCIDENT SERIOUS ENOUGH THAT THE VICTIM REQUIRED RABIES POST-EXPOSURE TREATMENT.
WHAT STOOD OUT TO ME THE MOST WAS NOT JUST THE VOLUME OF INCIDENTS, BUT THE CONSISTENCY OF THEM ACROSS MULTIPLE CITY DEPARTMENTS OVER AN EXTENDED PERIOD OF TIME.
THIS IS NOT WHEN ISOLATED EVENT OR ONE BAD WEEK.
THE RECORDS PAINT THE PICTURE OF A PROPERTY THAT HAS BECOME A REPEATED DRAIN ON EMERGENCY SERVICES AND A REPEATED SOURCE OF INSTABILITY FOR THE SURROUNDING WORKING CLASS NEIGHBORHOOD.
BUT I ALSO WANNA MAKE SOMETHING VERY CLEAR TONIGHT.
THE SITUATION DOES NOT APPEAR TO BE SIMPLY ABOUT CRIMINAL ACTIVITY OR NUISANCE BEHAVIOR.
IT ALSO APPEARS TO INVOLVE AN ELDERLY AND MEDICALLY VULNERABLE MAN WHO IS NOT RECEIVING ANY MEANINGFUL HELP OR PROTECTION, AND IS BEING ALLOWED TO SLOWLY DIE INSIDE THE HOME.
BASED ON THE INFORMATION GATHERED, THE INDIVIDUAL CURRENTLY ASSOCIATED WITH THE PROPERTY IS SUFFERING FROM SEVERE MEDICAL COMPLICATIONS FOLLOWING A MAJOR STROKE AND OTHER SERIOUS ISSUES.
FROM EVERYTHING I'VE REVIEWED AND BEEN TOLD, THIS APPEARS TO BE SOMEBODY WHO IS PHYSICALLY VULNERABLE, OVERWHELMED, AND INCREASINGLY INCAPABLE OF MANAGING THE ENVIRONMENT AROUND HIM.
MEANWHILE, TRANSIENT INDIVIDUALS HAVE TAKEN ADVANTAGE OF THIS AND WORD HAS SPREAD.
UNSTABLE ACTIVITY CONTINUES CIRCULATING THROUGH THE PROPERTY WHILE CONTI CONDITIONS DETERIORATE FURTHER, DESPITE MULTIPLE OUTREACH PROGRAMS AND CITY WORKINGS COMING INTO CONTACT.
FROM MY PROFESSIONAL, PROFESSIONAL PERSPECTIVE, THIS NO LONGER LOOKS LIKE A SITUATION WHERE SOMEBODY SIMPLY NEEDS ANOTHER POLICE RESPONSE.
IT LOOKS LIKE A SITUATION WHERE A VULNERABLE ELDERLY MAN IS BEING TAKEN ADVANTAGE OF WHILE THE SURROUNDING NEIGHBORHOOD CONTINUES TO ABSORB THE CONSEQUENCES OF INACTION.
AND THAT'S PART OF WHY THE RESIDENTS ARE SO FRUSTRATED.
THEY DO NOT FEEL LIKE ANYONE IS STEPPING IN EARLY ENOUGH, NOT STEPPING IN TO PROTECT THE NEIGHBORHOOD AND NOT STEPPING IN TO PROTECT THE VULNERABLE PERSON.
AT THE CENTER OF THIS SITUATION, EITHER THE RESIDENTS WHO HIRED ME ARE NOT HERE SEEKING PUNISHMENT.
THEY'RE ASKING FOR INTERVENTION BASED ON THE RECORDS I REVIEWED.
I BELIEVE THAT THERE ARE ONLY TWO REALISTIC OUTCOMES THAT THIS CONTINUES UNCHECKED.
EITHER THE PROPERTY MUST BE PROPERLY SECURED AND BROUGHT UNDER RESPONSIBLE OVERSIGHT, OR THE STRUCTURE ITSELF MAY NEED, MAY NEED TO BE CONSIDERED FOR DEMOLITION.
IF CONTIN CONDITIONS CONTINUE DETERIORATING AND NO RESPONSIBLE MANAGEMENT EMERGES, IT'S ONLY A MATTER OF TIME.
AT A MINIMUM, THE CURRENT SITUATION APPEARS FAR BEYOND WHAT SHOULD BE REASONABLY EXPECTED OF NEIGHBORING RESIDENTS TO TOLERATE INDEFINITELY AFTER PERSONALLY REVIEWING THE RECORDS.
I BELIEVE THE CONCERNS BEING RAISED BY THIS COMMUNITY ARE LEGITIMATE, WELL-DOCUMENTED AND IMPOSSIBLE TO DISMISS.
THANK YOU, MR. WILLIAMS. UH, MR. WRONG? YES, TONY? YES.
WOULD YOU LIKE TO SPEAK? THANK YOU, SIR.
LESS IS ANY OBJECTION OMIT THE CITY'S EXHIBITS.
ANY QUESTIONS FOR STAFF COMMISSIONERS? YES.
UM, I JUST WANNA CLARIFY, UM, IS I, I HEARD THAT THIS IS NOT A HOMESTEAD PROPERTY, IS THAT CORRECT? CORRECT.
SO IT'S NOT OWNER OCCUPIED? NOT CURRENTLY.
[01:30:01]
RENTAL PROPERTY? NO, MA'AM.UH, I HEARD MR. GARLAND SAVAGE'S NAME.
UM, HAVE YOU SPOKEN WITH MR. SAVAGE? YES, SIR.
AND IS HE CLAIMING TO BE THE OWNER OF THE PROPERTY? HE IS, SIR.
SO WE HAVE HERE VANESSA AND JESS RAY GONZALEZ AS THE OWNERS OF THE PROPERTY.
SIR
UM, I'M IN CHARGE OF THE AREAS AROUND THIS NEIGHBORHOOD.
SO, UM, INSPECTOR KLEINER HAS BEEN TO THAT PROPERTY PROBABLY AT LEAST 50 TIMES.
UM, WE'VE EXECUTED A COUPLE SEARCH WARRANTS THERE.
UM, THE OWNERSHIP IS REALLY QUESTIONABLE.
UH, IT WAS ORIGINALLY OWNED BY A MR. JW SAVAGE TRUST, HE'S DECEASED.
UM, THAT'S GARLAND WAYNE SAVAGE'S FATHER.
UM, HE SOLD IT ON A OWNER FINANCE TYPE SYSTEM BACK IN LIKE 2011 TO VANESSA AND JESSE RAY GONZALEZ.
THEY OCCUPIED THE HOME FOR, WE DON'T KNOW HOW LONG, BUT IT WASN'T LONG.
THEY'RE NOT EVEN TOGETHER ANYMORE.
THEY'RE, THEY DON'T LIVE THERE.
THEN MR. GARLAND, LIAM SAVAGE MOVED IN.
SO THE DEED WAS NEVER REALLY PROPERLY TRANSFERRED BACK TO THE JW SAVAGE TRUST, BUT THERE'S A GARLAND'S SAVAGE TRUST THAT'S RUN BY HIS DAUGHTER, UH, REBECCA STUBB STUBY, I DON'T KNOW HOW TO PRONOUNCE IT.
UM, SHE IS TECHNICALLY THE TRUSTEE OF THE TRUST FOR MR. SAVAGE, WHO WAS MEDICALLY VULNERABLE.
WE DON'T KNOW WHAT HIS PROBLEMS ARE, BUT HE'S BEDRIDDEN IN THE HOUSE.
UM, AND WE DO SUSPECT HE IS THE OWNER, ALTHOUGH THERE'S A PAPERWORK ERROR THERE INDICATING WHO THE ACTUAL OWNER IS.
WE'VE INVOLVED CITY LEGAL TRYING TO MAKE SURE WE'VE NOTIFIED ALL THE RIGHT PEOPLE TO TRY TO IRON THIS ALL OUT.
UM, THE TRUSTEE OF THE TRUST WILL NOT EVEN TALK TO US.
SHE IS LIKE DISOWNED FROM HER FATHER.
HE DOESN'T EVEN KNOW WHAT'S GOING ON IN HIS OWN PROPERTIES.
HE DOESN'T GET OUT OF THE BEDROOM.
UM, HE'S VERY WELL AWARE THAT THERE'S A LOT OF PEOPLE EXPERIENCING HOMELESSNESS THAT HAVE TAKEN UP RESIDENCE IN THE YARD, IN THE HOUSE AROUND THE YARD.
UM, HE'S ALLOWING CRIMINAL ACTIVITY TO OCCUR.
UM, AGAIN, THE POLICE HAVE BEEN THERE MANY TIMES.
WE'VE HOOKED HIM UP WITH SERVICES.
ADULT PROTECTIVE SERVICES HAS BEEN INVOLVED.
UM, THEY DON'T COMMUNICATE BACK TO US.
WE BROUGHT IN OUR SOCIAL WORKER, MR. MATA.
HE DOESN'T ACCEPT ANY SERVICES.
UM, HE'S RELYING ON A COUPLE OF PEOPLE THAT LIVE IN THE HOUSE TO HELP TAKE CARE OF HIM.
AND HE'S ALSO GOT MEALS ON WHEELS DELIVERING FOOD.
OTHER THAN THAT, WE SUSPECT HE'S THE REAL OWNER.
IT'S A, IT'S A PAPERWORK ISSUE.
THE STRUCTURE IS, UH, WAY OUTTA HAND CURRENTLY.
AND, AND THIS IS THE VENUE WE HAD TO TAKE THIS TO, TO TRY TO GET SOME RESOLUTION FOR THE NEIGHBORHOOD.
SO I SAW THAT THE FIRST TIME Y'ALL INSPECTED IT WAS IN 2024 FOR MY FIRST INSPECTION.
SO WHY DID IT TAKE SO LONG TO COME HERE? BECAUSE OF ALL THE ISSUES THAT THAT SUPERVISOR LUCAS WAS JUST DISCUSSING, UH, UH, WHAT AVENUE CAN WE TAKE IT TO? WE CAN'T WRITE AN ADMINISTRATIVE HEARING CITATION BECAUSE THAT ONLY GOES TO THE TE AD OWNER WHO, YOU KNOW, IN, IN OUR ESTIMATION, HAD NO IDEA THAT ANY OF THIS STUFF WAS GOING ON, NOR DID THEY EVEN KNOW THAT THEY STILL OWNED THE PROPERTY.
UM, SO IT, WHICH JUST, WE HAD TO GO THROUGH THE PROCESS TO TAKE IT TO MUNICIPAL COURT TO UH, UH, GO THAT ROUTE.
AND THEN ONCE WE DID THAT, THEN WE STARTED WORKING ON, UH, GETTING THE, UH, UH, STRUCTURAL DEFICIENCIES PREPARED FOR BSC.
AGAIN, NOT BEING ABLE TO ENTER THE STRUCTURE UNTIL WE HAD THIS INFORMATION FROM TEXAS GAS ADVISING US HOW, UH, DETRIMENTAL THE INTERIOR OF THE STRUCTURE WAS AS WELL.
SUPERVISOR LUCAS GOT GOT, UH, THE SEARCH WARRANT PREPARED, AND THAT'S WHEN WE WERE ABLE TO ENTER THE PROPERTY AND REALLY, YOU KNOW, GETTING THE MEAT POTATOES OF EVERYTHING THAT YOU'VE JUST SEEN TODAY.
[01:35:01]
BUT YOU STILL DON'T KNOW WHO THE ACTUAL OWNER IS.WE BELIEVE IT'S MR. SAVAGE, UH, BECAUSE OF THE, THE SAVAGE TRUST BEING THE ORIGINAL OWNER.
THE, UH, PROPERTY, UH, INFORMATION THAT WAS PROVIDED TO, UH, VANESSA AND JESSE RAY BASICALLY INDICATED, OKAY, IF YOU DEFAULT, IT COMES BACK TO US.
THEY DEFAULTED ON IT, AND IT SHOULD HAVE GONE BACK TO THE TRUST.
BUT SOMEHOW, SOME WAY THE PAPERWORK WASN'T SUBMITTED PROPERLY, IT NEVER MOVED OUT OF THEIR NAME.
AND THAT'S WHERE THE ISSUES AS FAR AS, OKAY, WHO'S RESPONSIBLE, UH, WAS, WAS A BURDEN ON US TRYING TO FIGURE OUT, OKAY, HOW, HOW ARE WE GONNA DO THIS? SO OUR BELIEF IS THAT MR. MR. SAVAGE IS THE OWNER.
IT'S JUST LIKE SUPERVISOR LUCAS WAS SAYING, IT'S JUST, UH, A PAPERWORK ERROR THAT HAS NOT BEEN RECTIFIED COMMISSIONERS.
UM, I'M A LITTLE CONFUSED AND I'M SURE THE REST OF US ARE AND WANNA BE SURE THAT THIS OBVIOUSLY GOES TO THE CORRECT PERSON.
MS. RERA, I THINK GIVEN THE CLOUDINESS OF THAT, FOR US TO ENFORCE SOMETHING AT THIS POINT SEEMS A LITTLE MAYBE MISGUIDED AND PERHAPS WE SHOULD POSTPONE THIS FOR 30 DAYS AND GIVE STAFF TIME TO MAKE SURE WE REALLY DO HAVE SERVED THE PROPER PERSON.
SO I'VE, I'VE BEEN FURTHER LOOKING INTO THIS AS WE'VE BEEN DISCUSSING, AND AS WE'VE HEARD TESTIMONY, ONE POTENTIAL OPTION THAT WE COULD LOOK AT IS, IS SENDING NOTICE OF THE HEARING OR, WELL, WE'VE SENT, I'M SORRY, LET ME BE CLEAR.
WE DID SEND NOTICE OF HEARING TO ALL PARTIES WHO HAVE AN OWNERSHIP INTEREST OR WHO HAVE BEEN IN SOME WAY ASSOCIATED WITH OWNERSHIP OF THIS PROPERTY.
UM, AND SO IF THE COURT, IF THE COMMISSION WERE TO ISSUE AN ORDER TONIGHT, WE WOULD DO THE SAME THING AND SEND A COPY OF THE ORDER AND NOTICE OF THE ORDER TO ALL OF THE PARTIES THAT ARE INVOLVED IN SOME TYPE OF OWNERSHIP CAPACITY.
UM, WHEN WE INITIALLY REVIEWED THE LEGAL DOCUMENTS, THE LEGAL DOCUMENTS BEING THE, THE WARRANTY DEED WITH THE VENDOR'S LIEN ATTACHED, IT DID APPEAR THAT BASED ON THE LANGUAGE OF THAT DEED, THAT YES, IF PRO IF THE CONDITIONS IN TERMS OF THE LIEN WERE NOT MET AND PAYMENTS WERE NOT MADE, THEN OWNERSHIP WOULD GO BACK TO THE ESTATE.
UM, SO NOT THE TRUST BUT THE ESTATE.
AND THIS WOULD BE THE ESTATE OF JW SAVAGE, WHO WAS THE FATHER OF MR. GARLAND, WAYNE SAVAGE.
UM, I ASKED INSPECTOR LUCAS OR SUPERVISOR LUCAS TO CON TO REACH OUT TO A TITLE COMPANY, JUST TO CONFIRM.
AND THE TITLE COMPANY CAME BACK SAYING THAT VANESSA AND JESSE RAY GONZALEZ WERE STILL THE CURRENT OWNERS.
AND THAT, UH, THE TRUST, THE GARLAND, WAYNE SAVAGE TRUST, REBECCA STU BEING THE TRUSTEE, WAS A LIEN HOLDER.
SO THEY IDENTIFIED THE, AS THE TRUST AS A LIEN HOLDER AS OPPOSED TO THE OWNER.
AND THERE WAS A NOTE ON THE, UM, TITLE SEARCH SUGGESTING THAT THERE HAD BEEN AN INVALID CONVEYANCE, UM, OR THAT THERE APPEARED TO BE AN INVALID CONVEYANCE.
SO ESSENTIALLY, WHEN THE ESTATE OF JW SAVAGE TRIED TO CONVEY THE PROPERTY VIA WARRANTY DEED TO, UH, THE TRUST, THAT'S WHERE THE, THE, UH, THE TITLE COMPANY IS SAYING, HEY, THAT WAS NOT CORRECTLY DONE BECAUSE OWNERSHIP TECHNICALLY NEVER WENT BACK TO THE ESTATE.
AND SO EVEN THOUGH THERE IS DOCUMENTATION THAT WOULD SUGGEST IT SHOULD HAVE GONE BACK TO THE ESTATE SOMEHOW, SOMEWHERE.
AND THIS IS WHERE WE, WE'VE, DESPITE ALL OF OUR EFFORTS TO, TO TRY TO GO BACK AND LOOK TO SEE WHAT HAPPENED, WE, IT'S NOT CLEAR TO US WHAT ERROR OR, OR WHAT MISTAKE MAY HAVE BEEN MADE SO THAT THAT DID NOT HAPPEN.
UM, AND WE'VE NOT BEEN ABLE TO TRACK THAT ON OUR END.
SO IF ALL THE PARTIES HAVE BEEN SERVED, ARE YOU COMFORTABLE WITH THAT? WE MOVE AHEAD WITH THIS? YES.
BECAUSE IT WOULD SEEM LIKE I'M DEEPLY CONCERNED, AND I'M SURE A LOT OF PEOPLE ARE ABOUT WHAT'S HAPPENING THERE, RIGHT? AND WE PUNT THIS DOWN THE ROAD, ANOTHER 30 DAYS WHILE WE TALK ABOUT IT, DOESN'T, DOESN'T GET THE WHEELS GOING ON TRYING TO HELP THIS, THIS MAN OUT OF THE SITUATION.
UM, GIVEN THAT, UH, COMMISSIONER GARZA, UM, I HAVE TWO QUESTIONS.
WHAT IS THE PROXIMITY TO LANGFORD ELEMENTARY SCHOOL CURRENTLY? IT, UH, LANGFORD ELEMENTARY SCHOOL IS UNDER RECONSTRUCTION, SO, UM, THERE'S NOBODY THERE.
I'M NOT EXACTLY SURE ABOUT IT.
AND THE SECOND QUESTION WAS, WAS THAT ACCESSORY DWELLING PERMITTED? NO, MA'AM.
[01:40:02]
QUESTION? DIDN'T THINK SO THE QUESTIONS COMMISSIONER BEAR, I'M SORRY.UM, I JUST WANT TO CONFIRM AND CLARIFY THAT IT IS UNSAFE FOR ANYONE TO BE CURRENTLY LIVING IN THIS STRUCTURE.
IS, IS THAT YOUR OPINION? IN MY OPINION, YES.
IT'S UNSAFE, VERY UNSAFE FOR ANYBODY TO BE THERE.
ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? I HAVE A QUESTION.
SONIA
SO WE LOOK AT WHETHER THE STRUCTURE OR THE BUILDING STRUCTURE IS DILAPIDATED, SUBSTANDARD, OR UNFIT FOR HUMAN HABITATION AND A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE.
SO DOES THE STRUCTURE MEET THAT CATEGORY OR, UH, IF IT'S OTHERWISE SECURED IN SOME OTHER FASHION, LET'S SAY IF IT'S OCCUPIED OR UNOCCUPIED, DOES THE BUILDING CONSTITUTE A DANGER TO THE PUBLIC, EVEN IF SECURED FROM ENTRY? I DON'T THINK THAT WOULD APPLY, BECAUSE WE DO HAVE PERSONS HERE.
SO I THINK WE REALLY LOOK AT WHETHER THE BUILDING IS DILAPIDATED, SUBSTANDARD, OR UNFIT FOR HUMAN HABITATION AND A HAZARD TO PUBLIC HEALTH, SAFETY OR WELFARE.
SO THAT'S REALLY THE PRIMARY CRITERIA THAT HAS TO BE MET TO ISSUE THIS TYPE OF ORDER FROM A VACATION PERSPECTIVE.
I MEAN, THERE ARE THOSE PRACTICAL CONSIDERATIONS BECAUSE WE DO HAVE AN INDIVIDUAL MM-HMM
UM, WITH HEALTH CONDITIONS THAT HAS TO BE ADDRESSED.
IT SOUNDS FROM THE TESTIMONY TODAY THAT WE HAVE OTHER INDIVIDUALS LIVING THERE WHO APPEAR TO NOT HAVE A, ANY KIND OF LEGAL RIGHT TO BE STAYING THERE.
BUT I THINK THE, THE PRIMARY CONCERN WOULD PROBABLY BE MR. SAVAGE GIVEN HIS CONDITION MM-HMM
UM, AND JUST VERIFYING WHAT SORT OF SERVICES WOULD BE AVAILABLE TO HIM, UM, IF YOU ALL WERE TO ISSUE AN ORDER TO VACATE, GIVEN THE CONDITIONS OF THE, OF THE PROPERTY.
UM, SO I WOULD RECOMMEND THAT YOU ALL TAKE THAT INTO CONSIDERATION.
I'M A LITTLE CONCERNED THAT HE WAS ON THE LINE AND NOW HE'S NOT, I'M NOT THROWING THAT UP AS A ROADBLOCK, BUT IF HE WAS MAKING AN ATTEMPT TO TRY AND HAVE A CONVERSATION, PAT DIFFICULTY TALKING TO HIM FREQUENTLY.
ALSO, HE, HE, HE SAYS HE'S GOING TO DO SOMETHING AND HE DOESN'T.
UM, SO, UM, I'M NOT SURPRISED HE'S NOT STICKING ON THE LINE.
AND HE'S BEEN OFFERED SERVICES, CORRECT? YES, SEVERAL.
AND HE TURNED THEM DOWN SEVERAL TIMES.
SO, SO JUST TO TAKE YOU THROUGH THE NORMAL, UH, PROCESS FOR PARTICIPATING REMOTELY, UM, USUALLY WE SEND AN EMAIL AND THERE'S INSTRUCTIONS ON HOW TO, HOW TO REMOTE IN.
UM, SO I SENT THAT EMAIL, BUT I DON'T BELIEVE THAT HE REMOTED IN ON HIS OWN.
IN FACT, UM, WE CALLED HIM TO ACTUALLY GET HIM INTO THE MEETING AND I GUESS HE WAS ON THE LINE FOR A LITTLE BIT AND THEN HUNG UP.
JAMES, ANY OTHER QUESTIONS? COMMISSIONERS, JUST REAL, REAL QUICK FOLLOW UP.
I KNOW WE'RE, YOU KNOW, Y'ALL AREN'T DOCTORS AND, YOU KNOW, YOU'RE NOT EXACTLY TESTIFYING TO THE MENTAL CAPACITY OF THIS GUY, BUT WHEN YOU SPOKE WITH HIM, 'CAUSE YOU SAID YOU WERE IN THE HOUSE.
I MEAN, WAS HE ALERT TO KIND OF LIKE TIME AND PLACE? YOU KNOW HOW I, I GUESS I'M KIND OF CURIOUS, JUST FOR YOUR OWN, YOU KNOW, LAY OPINION, YOU KNOW, YOU KNOW, HOW FAR DOWN IN TERMS OF MENTAL CAPACITY DO YOU THINK, UM, MR. SAVAGE IS LIKE, DOES, IS HE LUCID ENOUGH TO CONSENT TO SOMEONE LIVING ON HIS PROPERTY, I GUESS IS KIND OF WHAT I'M CURIOUS ABOUT? UM, AND YOU DON'T HAVE TO ANSWER THAT PARTICULAR QUESTION 'CAUSE THAT'S LIKE A, MAYBE A, AN OFFICIAL OPINION, BUT, YOU KNOW, I, I, I WANT TO GET A BETTER UNDERSTANDING OF WHERE THIS GUY'S MENTAL STATE IS, JUST BASED ON YOUR OBSERVATIONS.
CAN WE ASK SCOTT MARTHA TO COME UP? I WAS GONNA SAY ELAINE GARRETT, ASSISTANT DIRECTOR.
CAN WE GET THE SOCIAL WORKER? HE DID SPEAK.
UH, HI, THIS IS SCOTT GAN, UM, AND, AND, UH, SOCIAL WORKER.
SO NOT, UH, A PSYCHIATRIST, RIGHT? NOT A DOCTOR.
UM, BUT I, I'VE MADE CONTACT, UH, AFTER MANY ATTEMPTS WITH MR. SAVAGE.
[01:45:01]
WAS VERY AVOIDANT TO, TO COMMUNICATING WITH ME.THERE WAS AN UNDERLINING FEAR OF MY POSITION AS A MENTAL HEALTH PROFESSIONAL.
AND IN ADDITION TO, UM, UH, MY, MY ROLE AS A MANDATED REPORTER, UH, BUT WHEN I WOULD SPEAK WITH HIM, HE, HE REMEMBER MY NAME, HE KNEW TIME AND PLACE LOCATION.
THOUGH IT DOES NOT SEEM LIKE HE KNOWS WHAT'S GOING ON THROUGHOUT THE WHOLE PROPERTY, HE HAS AN UNDERSTANDING OF A GROUP OF PEOPLE THAT ARE THERE.
UM, WE DID OFFER, UH, CONNECTION TO INTEGRAL CARE, UM, MEDICAL, UM, UH, TO, TO DIFFERENT, TO, TO GOING THROUGH HIS INSURANCE PROVIDERS AND TRYING TO FIND HIM LIKE IN-HOME CARE.
UH, BUT BECAUSE OF THE NATURE OF THE HOME AND THE SITUATION OF THINGS YOU'VE HEARD, UH, AS A MANDATED REPORT, I DID HAVE TO REPORT TO ADULT PROTECTIVE SERVICES ON TWO SEPARATE OCCASIONS.
UM, NOW THE THINGS I, UH, I CAN ONLY SAY SO MUCH FROM WHAT THEY'VE TOLD ME.
UM, AND, AND BECAUSE THEY WOULDN'T ONLY COMMUNICATE WITH ME SO MUCH BECAUSE MR. SAVAGE REFUSED TO ENGAGE IN, IN, IN, UH, CASE MANAGEMENT SERVICES WITH ME, I DO NOT HAVE, UH, LIKE A, UH, A POWER, UM, A CONFIDENTIAL RELEASE OF INFORMATION, UM, IS THE PHRASE.
BUT, UH, THEY HAVE GENERALLY STATED THAT THEY CAN ONLY PROGRESS AS MUCH AS HE'S WILLING TO SHARE OR ANY OUTCRY HE'S WILLING TO MAKE WITH THEM.
AND IT WAS KIND OF LEFT AT THAT, AT THAT NATURE.
UM, AND, AND AGAIN, HE, UH, FELT THOUGH HE IS, UM, DISABLED AND ABLE TO, TO MOVE FROM WAIST UP, HE, UM, HAD A, A SENSE THAT HE COULD MANAGE AND TAKE CARE OF HIS PROPERTY WITHOUT KNOWING EVERYTHING THAT WAS GOING ON.
UM, MEETING WITH HIM, HE WOULD MAKE STATEMENTS LIKE, WELL, TODAY I'M GOING TO, UH, REMOVE EVERYONE FROM THE HOME AND GET IT CLEANED UP, AND I'M GONNA TAKE MY DAUGHTER TO COURT TO, UM, RECLAIM OWNERSHIP OF THE, UH, TRUST.
WHICH, YOU KNOW, TO US MAY SEEM UNREALISTIC, BUT THAT WAS WHERE HE KIND OF, UH, WHAT THE THINGS HE WOULD SAY AND THE KIND OF WHAT HE WOULD PRESENT TO WHAT WAS GOING ON, UM, FOR HIM AND HIS PROPERTY.
SO WITH, WITH A PS, I'M, I'M JUST, JUST TO DIG A LITTLE BIT INTO IT, THE, HE DECLINED IT SEEMED THAT HE DECLINED SERVICES, THEY COULDN'T SHARE TOO MUCH.
YOU OBVIOUSLY CAN'T SHARE EVERYTHING, BUT THIS IS NOT FROM APSS PERSPECTIVE.
AND, UH, BASED ON YOUR UNDERSTANDING THAT HIS DECLINATION IS SOMETHING THAT THEY COULD OVERRULE IN ANY SENSE OF THE WORD.
THEY COULD NOT, UH, REMOVE HIS RIGHTS BY SAYING THAT HE WAS NOT, UM, MENTALLY AWARE OR COGNIZANT.
UM, THEY DID EXPRESS THAT THEY, THEY THINK THE SITUATION IS UNSAFE, BUT IF HE'S NOT GOING TO MAKE, UH, EXPLICIT OUTCRY, THEN THEIR HANDS ARE TIED.
UH, COMMISSIONERS, ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? ONE LAST QUESTION.
YOU FOLKS HAVE, HAVE LAID OUT YOUR, YOUR INFORMATION.
DO YOU CONSIDER THE THE HOUSE INTERIOR TO BE UNSAFE? ABSOLUTELY.
SO NOBODY SHOULD BE THERE, IN YOUR OPINION, NOT A SAFE PLACE TO STAY OR LIVE? NO.
IT, IT'S A REPAIR ORDER IS GONNA TAKE A LOT OF WORK TO FIX ALL THE ELECTRICAL ISSUES, THE GAS ISSUES, THE SHEET ROCK ISSUES.
SOME OF THAT'S EXPENSIVE, SOME OF IT'S NOT.
UM, UH, THE WAY THAT THE HOUSE IS CURRENTLY, UM, THE ONLY THING SOLID IS THE FRAMING, IN MY OPINION.
UM, AND THE ONLY REASON I DIDN'T GO SEEK DEMOLITION IS BECAUSE LIKE I WAS TELLING MY BOSS, THE, THE BONES OF THE HOUSE WERE STRUCTURALLY SOUND.
EVERYTHING ELSE IS, UM, REALLY BAD CURRENTLY.
BUT, UH, UH, PERSONALLY, I I, I WOULD THINK IT WOULD NEED TO BE DEMOLISHED, BUT NOBODY SHOULD BE LIVING IN THERE IN THOSE CONDITIONS THAT ARE CURRENT.
I WANT TO, I WANT TO ADD SOMETHING THERE.
I'M HEARING VACATE AND DEMOLITION AND WHATNOT, BUT I'M SONIA'S GONNA CHECK MY MATH, BUT I'M, I DON'T BELIEVE WE CAN VACATE AN OWNER.
AND ALSO, WE'RE NOT GONNA DEMOLISH A STRUCTURE THAT'S OCCUPIED.
SO JUST TO GIVE YOU THAT TIDBIT AS WELL.
SONIA, CAN YOU CONFIRM ANY OTHER QUESTIONS? I'D LIKE HER CONFIRM? YES.
I'VE, I'VE BEEN CONTINUING TO LOOK INTO THIS.
SO THE LEGAL, AS I POINTED OUT, THERE IS A LEGAL STANDARD.
I THINK THERE IS A DIFFERENCE BETWEEN WHAT WE CAN LEGALLY DO, BUT THEN THERE'S ALSO THE PRACTICAL ASPECT OF WHAT CAN BE ACCOMPLISHED.
AND THE CONCERN, AS MR. MOORE POINTED OUT IS, YOU KNOW, THE CITY WILL NOT EXECUTE A DEMOLITION IF THERE ARE PEOPLE ACTIVELY LIVING THERE.
SO THE STRUCTURE WOULD HAVE TO BE VACATED.
THERE MAY BE SOME PRACTICAL ISSUES THAT WE WOULD NEED TO LOOK AT, UM, A LITTLE CLO A LITTLE MORE CLOSELY TO SEE WHETHER WE COULD ACTUALLY VACATE THIS PROPERTY.
UM, ESPECIALLY MORE FROM, FROM THIS PERSPECTIVE
[01:50:01]
OF MR. SAVAGE HIMSELF, NOT SO MUCH THE OTHER INDIVIDUALS WHO WERE THERE.UM, PERHAPS BECAUSE OF THEIR LEGAL STANDING WITH THE STRUCTURE, YOU KNOW, THAT'S A DIFFERENT SCENARIO MM-HMM
BUT AS FAR AS MR. SAVAGE HIMSELF, I THINK WE WOULD NEED TO TAKE A CLOSER LOOK ABOUT THE PRACTICAL ASPECTS OF ACTUALLY HAVING HIM VACATED FROM THE STRUCTURE BECAUSE, AGAIN, OF HIS OWNERSHIP INTEREST AND HIS MEDICAL CONDITION.
UM, SO I, I DO JUST WANT TO POINT THAT OUT TO THE COMMISSION.
DOES THE NOTICE OF TO VACATE FROM THIS COMMISSION HELP YOU IN ANY WAY WITH, UH, THE SITUATION WE JUST DISCUSSED? SO IF WE GET, IF WE, IF WE RECEIVE AN ORDER FROM THE COMMISSION TO VACATE, THEN THE QUESTION JUST BECOMES AN ISSUE OF PRACTICALLY BEING ABLE TO CARRY OUT THAT ORDER.
SO WE WOULD HAVE AN ORDER FROM THE COMMISSION AND WE COULD USE THAT AS A STEPPING STONE OR AS A STARTING BLOCK.
BUT AGAIN, I DO JUST WANT TO SET SOME REASONABLE EXPECTATIONS THAT WE WILL HAVE TO THEN ADDRESS THE MORE PRACTICAL ASPECTS OF ACTUALLY EXECUTING THAT ORDER.
SO A FOLLOW UP TO THAT WOULD BE, SHOULD WE EXECUTE THAT COMPONENT, WHAT WOULD BE THE NEXT STEP THEN WHEN IT'S NOT A REPAIR ORDER? IT WOULD BE A DEMO ORDER OR REPAIR.
AND THEN SO, SO IT'S, TO MY QUESTION, WHAT ARE THE DOMINOES THAT LEAD TO MEAN? THEY'RE EITHER, SINCE WHAT I HEARD WAS IT'S GOOD BONES, THAT MEANS IT COULD BE RECONCILED IF THE OWNER CHOSE TO DO SO, PROBABLY WON'T OCCUR, BUT COULD, AND THEN LED TO D DEMOLITION.
I MEAN, IT'S, DOES THIS, IF WE HAVE THE VACATE NOTICE, DOES IT THEN COME BACK FOR US TO DO THE DEMO ORDER? HELP ME THINK THROUGH THAT NEXT STEP.
SO YOU'RE ASK TO MAKE SURE I'M UNDERSTANDING THE QUESTION.
THE QUESTION IS, IF YOU ALL WERE TO ISSUE AN ORDER TO VACATE TONIGHT, THEN WOULD THE NEXT STEP BE TO COME BACK AND ISSUE AN ORDER FOR DEMOLITION AFTER THE PROPERTY HAS BEEN VACATED? AM I UNDERSTANDING THAT CORRECTLY? CORRECT.
IT'S VACATED, IT'S, IT'S, UH, BOARDED UP.
WELL NOW WHAT, WHAT'S TECHNICALLY, OH, SORRY.
TECHNICALLY THERE COULD BE AN ORDER AND AN ORDER TO VACATE AND DEMOLISH.
IT WOULD DEPEND ON THE TIMING.
RIGHT? SO YOU WOULD HAVE THE ORDER TO VACATE, LET'S SAY 30 DAYS.
AND THEN AFTER THAT 30 DAY WINDOW HAS PASSED, YOU HAVE SO MANY DAYS TO DEMOLISH THE PROPERTY SO THAT IT COULD BE STRUCTURED WITHIN THE SAME ORDER, BUT YOU WOULD STAGGER THE TIMING SO THAT THIS WAY THERE'S ENOUGH TIME ALLOWED FOR ONE STEP TO BE COMPLETED.
AND THEN ANOTHER STEP, THE OTHER OPTION AS, AS YOU EXPLAINED, WOULD REQUIRE AN, WOULD REQUIRE AN ADDITIONAL MEETING BECAUSE YOU WOULD HAVE THIS FIRST MEETING, AN ORDER TO VACATE.
AND THEN ONCE THE PROPERTY IS VACATED, WE WOULD COME BACK.
AND WE WOULD LOOK AT AN ISSUING, A NEW ORDER TO DEMOLISH THE STRUCTURE.
OR CAN WE ISSUE A VACATE ORDER ALONG WITH A REPAIR AND A, A DEMOLITION OF THE ACCESSORY STRUCTURE? YES.
THAT IS ANOTHER OPTION AS WELL.
CAN WE DO ALL THREE OF THOSE AT THE SAME TIME? YES.
WE WOULD JUST WANNA MAKE SURE THAT WE'RE CLEAR AS FAR AS WHAT THE TIMING OF EACH STEP WOULD BE AND HOW THAT WOULD, AND HOW IT WOULD FLOW FROM, FROM ONE STEP TO THE OTHER.
YOU CAN'T DEMO NOW, YOU CAN'T DEMO, BUT YOU CAN DEMO THE ACCESSORY STRUCTURE BECAUSE IT'S NOT EVEN A LEGAL BUILDING.
IS THAT CORRECT? CAN WE ORDER DEMOLITION OF THE ACCESSORY STRUCTURE THAT IS SOMEBODY LIVING IN THE ACCESSORY STRUCTURE? YES.
I THINK I HEARD THERE'S THREE ADDITIONAL PEOPLE THAT IT'S A SHED.
THERE'S, THERE ARE STILL THE PERSON THAT WAS ORIGINALLY LIVING OUT THERE HAS MOVED OUT, BUT NOW THERE'S ANOTHER INDIVIDUAL THAT'S, UM, THE CARETAKER FOR THAT BUILDING TO MAKE SURE NOBODY ELSE MOVES INTO IT.
SO WE CAN'T ORDER A DEMOLITION ORDER.
I DON'T THINK HE'S ACTUALLY LIVING IN THERE.
UH, YOU KNOW, THERE'S LIKE SUPERVISOR LUCAS SAID, THERE'S NO ELECTRICITY GOING TO IT.
HE'S JUST, IT'S JUST A PLACE, IT'S A SHED.
LET'S CLOSE THE PUBLIC HEARING SO WE CAN TRY TO FORMULATE, OR A, A MOTION, IF THAT'S ANY OBJECTION TO THAT MOVE TO CLOSE THE PUBLIC HEARING.
IS THERE A SECOND TO CLOSE THE PUBLIC HEARING? COMMISSIONER GARZA? ALL IN FAVOR SAY AYE.
NOW, SO AMONGST OURSELVES, DO WE WANNA TRY IT? OH, WE NEED TO HAVE TO DO IT.
WE HAVE TO HAVE A MOTION THOUGH FIRST.
UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS
[01:55:01]
OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER.SO SECTION THREE OF THE ORDER WOULD BE WITHIN 60 DAYS OF THE DATE THE ORDER IS MAILED, VACATE THE STRUCTURE, AND B, AFTER THE PROPERTY HAS BEEN VACATED, THEN THE STRUCTURE MUST REMAIN VACANT UNTIL THE REPAIRS REQUIRED BY THE ORDER ARE COMPLETE AND COMPLIANCE HAS BEEN VERIFIED.
UM, IF THE PROPERTY HAS NOT BEEN VACATED WITHIN 60 DAYS FROM THE DATE THE ORDER IS MAILED ON THE 61ST DAY, AUTHORIZE CODE OFFICIAL TO ATE THE PROPERTY AND ASSESS ANY EXPENSES THE CITY INCURS RELATED TO VACATING THE PROPERTY AND FILE A LIEN FOR THOSE EXPENSES WITH THE TRAVIS COUNTY DEED.
TRAVIS COUNTY DEED RECORDS IN ROCHELLE CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL SECOND MOTION BY COUNCIL COMMISSIONER RIVERA, SECONDED BY COMMISSIONER MUSGRAVE.
SO FIRST PART, AND I THINK YOU SAID SECTION THREE, WOULD THAT BE ACTUALLY SECTION ONE? WE DO THE FIRST 60 DAYS TO VACATE AND THEN WE DO THE REPAIR COMPONENT.
SO IT'S AN AMENDMENT TO THE STAFF'S ORDER.
SO SECTION ONE IS THE RE REPAIR ORDER.
SECTION TWO IS THE PENALTY ON THE REPAIR ORDER.
SECTION THREE IS THE ORDER TO VACATE.
SECTION FOUR IS, UM, THE, UH, AUTHORIZATION TO CODE TO VACATE THE PROPERTY, UM, ON THE 61ST DAY AND TO RECOUP EXPENSES.
YEAH, BECAUSE YOUR, YOUR REPAIR ORDER IS APPROPRIATE, BUT WE'RE ADDING VACATE.
I'M, I'M MAINTAINING THE CURRENT ORDER AND I'M ADDING TWO ADDITIONAL SECTIONS RELATED TO THE VACATE FOR 60 DAYS AND THEN THE 45 AFTER THAT.
UH, THE, NO, I THINK 45 STARTS IMMEDIATELY.
THE 45 IS FOR THE REPAIR, RIGHT? THAT, THAT STARTS THE, IT'S THE 60 DAYS FOR THE ACTUAL VACATE.
SO THESE ARE TWO SEPARATE SECTIONS, RIGHT? YEAH.
AND, AND IF I MAY, SO JUST TO CLARIFY, BECAUSE RIGHT NOW, THE WAY THAT THE RECOMMENDED ORDER CURRENTLY READS, IT'S WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED MM-HMM
TO COMPLETE AND FINALIZE ALL NECESSARY REPAIRS.
BUT IF I'M UNDERSTANDING YOUR PROPOSED ADDITION, COMMISSIONER IVARRA MM-HMM
IT WOULD BE WITHIN 60 DAYS THAT THE, FROM THE DATE THE ORDER IS MAILED, VACATE THE STRUCTURE, AND AFTER THE STRUCTURE HAS BEEN VACATED, THAT'S WHEN THE REPAIRS MUST TAKE PLACE.
SO I THINK THERE MIGHT NEED TO BE SOME TWEAKING.
UM, SO WHAT I'M SAYING IS VACATE THE STRUCTURE WITHIN 60 DAYS AND THEN AFTER IT'S VACATED, IT CAN'T BE REOCCUPIED UNTIL THE REPAIRS ARE COMPLETED AND COMPLIANCE HAS BEEN VERIFIED.
AND I, I'M HAPPY TO ACCEPT ANY FRIENDLY AMENDMENTS ON THE TIMELINES, BUT I, BUT WHAT I'M TRYING TO ACCOMPLISH HERE IS MAINTAINING OR, UM, UH, MOVING FORWARD WITH THE REPAIR ORDER FROM CITY STAFF AND TRYING TO PROVIDE ALSO A VACATE ORDER THAT GIVES HOPEFULLY ENOUGH TIME FOR, UM, CITY STAFF TO WORK WITH THIS INDIVIDUAL AND TO TRY AND FIGURE OUT SERVICES, ET CETERA.
UM, BUT YEAH, THAT'S THE, BUT THERE'S A MOTION AND A SECOND.
ARE WE CLEAR ON THE MOTION? EVERYBODY GOOD? ALRIGHT.
I'D LIKE TO REQUEST THE, UH, DEMOLITION OF THE ACCESSORY STRUCTURE WITHIN THAT SAME 45 DAYS.
SO WAIT, YOU WANNA DO THE VACATE AND THEN WHILE THE SAME TIME THE REPAIR IS GOING ON, THIS WOULD BE IN SECTION ONE, I BELIEVE WITHIN 45 DAYS FROM THE DATE THE OFFICIAL ORDER IS MAILED.
[02:00:01]
SECTION TO DEMOLISH THE ACCESSORY STRUCTURE.SO IF THE REPAIRS ARE NOT COMPLETED WITHIN THE 45 DAYS NO, SHE'S SAYING IN ADDITION.
IN ADDITION, IN ADDITION TO THE REPAIRS TO THE RESIDENTIAL STRUCTURE, THE DEMOLITION OF THE ACCESSORY STRUCTURE.
YOU SHOULDN'T HAVE BEEN THERE IN THE FIRST PLACE, SO AGREED.
I THINK SOMEONE HAS TO SECOND
DON'T JUST SHOT NOD YOUR HEAD.
WE'RE GETTING READY TO PULL THE TRIGGER ON THIS.
I WANT, I NEED SOME STAFF FEEDBACK ON YEAH.
I HAVE PROBLEMS WITH STUFF ON THIS IS DOABLE OR NOT.
THE VACATE THING IS CONCERNING.
IT'S, IT'S, IT'S LIKE A UNICORN.
UM, LAST I SAW IT WAS LIKE 15 YEARS AGO, AND WE TYPICALLY SEE WHEN SOMETHING'S ABOUT TO FALL OVER AND KILL SOMEBODY.
SO I KNOW THESE ARE BAD CONDITIONS AND THEY'RE UNSAFE, BUT ARE THEY IMMINENTLY DANGEROUS TO HEALTH AND SAFETY IN LIFE? YOU KNOW, THAT'S WHAT YOU, YOU WOULD LOOK AT.
AND I MEAN IF, IF, IF IT IS, THEN WHY ARE WE WAITING 60 DAYS? MM-HMM
RIGHT? I MEAN WE BROUGHT IT HERE FOR REPAIR.
WE DON'T THINK IT'S GONNA KILL ANYBODY.
UM, SO WE DIDN'T EVEN MENTION VACATE, BUT I KNOW WE'RE TALKING ABOUT IT NOW.
SO THAT'S KIND OF WHERE WE'RE AT.
PLUS ALSO, I HAVE CONCERNS IF WE CAN EVEN VACATE AN OWNER.
YOU KNOW WHAT I MEAN? I KNOW WE'RE GONNA HEAR BACK, UH, FROM LAW DEPARTMENT ON THAT MM-HMM
BUT IN THE PAST I WAS UNDER THE IMPRESSION THAT IT'S TENANTS ONLY, YOU KNOW? 'CAUSE WE HAVE A WHAT, WHAT SPARKS AFTER VACATE? IT'S EMERGENT, IT'S URP.
EMERGENCY TENANT RE RELOCATION PROGRAM.
SO I DON'T THINK WE CAN EVEN DO IT, BUT THIS KIND OF GETS TO A POINT THAT'S BEEN BOTHERING ME THROUGHOUT THIS, WHICH FEELS LIKE THIS SITUATION IS BEYOND THE SCOPE OF THIS COMMISSION.
I DID HEAR DANGER TO LIFE MULTIPLE TIMES DURING THE CITY'S TESTIMONY, SO MM-HMM
SO, AND IT'S ALSO DANGEROUS TO THE NEIGHBORS.
WE HAVE A FRIENDLY AMENDMENT THAT'S BEEN BROUGHT TO THE FLOOR.
UH, IF THERE'S NO SECOND ON THAT, WAS THERE A SECOND ON THAT? THERE WAS.
WHO SECONDED? I SECONDED THE ORIGINAL MOTION.
THE ORIGINAL MOTION WAS, I DON'T THINK THERE WAS A SECOND ON THE, I, I I SECOND THE SECOND ACCEPT BY MR. I THINK I'D LIKE TO WITHDRAW MY MOTION.
COMMISSIONER, LET'S DEAL WITH THESE IN ORDER.
SO THERE'S A MOTION ON THE FLOOR TO MAKE A, AN AMENDMENT TO THE MAIN MOTION TO ADD THE DEMO OF THE STORAGE STRUCTURE WITHIN THE 45 DAYS, IF THAT I'M UNDERSTANDING THE FRIENDLY AMENDMENT.
UH, ANY QUESTIONS ON THAT? WE'LL VOTE ON THAT ITEM.
SO WE'RE GONNA VOTE ON THE FRIENDLY AMENDMENT.
COMMISSIONER BERRA N NAY BECAUSE I PLAN TO, BUT AYE, MOTION COMMISSIONER TOM LOVICH.
WAIT, 1, 2, 3, 4 A SPLIT VOTE.
HOW DO WE DO THAT? YEAH, THERE'S EIGHT OF US.
ALRIGHT, SO WE'RE BACK TO THE FRIENDLY AMENDMENT.
UH, I, OH WAIT, BACK FROM THE FRIENDLY AMENDMENT.
I THOUGHT WE WERE DONE WITH THE FRIENDLY AMENDMENT.
WELL WE GOT A SPLIT VOTE ON THAT.
WE'VE GOT EIGHT, FOUR AGAINST AND FOUR FOR IT.
SO, SO THE FRIENDLY AMENDMENT, IT NEITHER FAILED OR PASSED.
YEAH, SO I THINK CHAIR, THERE PROBABLY NEEDS TO BE, AND I KNOW THIS IS PROBABLY SOME UNPOPULAR WHAT I'M GONNA SAY.
IT MIGHT BE A LITTLE UNPOPULAR, BUT I THINK GIVEN THE CIRCUMSTANCES, THERE MAY NEED TO BE A FURTHER EXAMINATION AS FAR AS WHAT YOU ALL, WHAT THE RIGHT COURT, I GUESS WHAT THE MM-HMM
THE PRACTICAL, THE BEST COURSE OF ACTION MOVING FORWARD MIGHT BE MM-HMM
AND SO IT MAY BE THAT A CONTINUANCE MAY BE APPROPRIATE IN THIS CASE, JUST SO THAT THERE CAN BE A REEVALUATION AS FAR AS WHAT WOULD BE APPROPRIATE FOR THIS COMMISSION TO ORDER MM-HMM
UM, MOVING FORWARD AND PERHAPS WE MIGHT HAVE SOME ADDITIONAL CLARIFICATION ON SOME OF THE OWNERSHIP ISSUES.
[02:05:02]
TRUE.WE HAVE ACTIVE MOTION ON THE FLOOR.
AND THAT WOULD REQUIRE A WITHDRAWAL OF THAT MOTION AND A NEW MOTION TO BE MADE.
UH, BUT AGAIN, I THINK JUST HAVING HEARD THE TESTIMONY AND HAVING LISTENED TO THE DISCUSSION MM-HMM
WITH AMONG THE COMMISSION, I THINK THAT MIGHT BE HELPFUL.
I THINK EVERYONE'S CONCERN IS FOR THE OCCUPANT, RIGHT? YEAH.
AND I'M TROUBLED BY HAVING TO KICK THE CAN HERE A LITTLE BIT MM-HMM
UM, COULD OR COULD DO I NEED PERMISSION TO WITHDRAW MY MOTION? WELL, WE NEED TO GET THE MOTION OR ON THE FRIENDLY AMENDMENT TO WITHDRAW ON THE SECONDER TO AGREE.
I WITHDRAW MY A FRIENDLY AMENDMENT.
WE'RE BACK TO THE MAIN MOTION.
AMONG UNCOMFORTABLE DOING THINGS THAT STAFF IS UNSURE WHETHER WE HAVE THE ABILITY TO DO SO.
I WOULD LIKE TO WITHDRAW MY MOTION.
ASSISTANT DIRECTOR, E ELAINE GARRETT.
UM, ON THE, THE QUESTION Y'ALL HAD ABOUT, YOU KNOW, HEARING ABOUT THE, THE DANGEROUS CONDITIONS AND THE, AND THE SAFETY AND CONCERNS.
REMEMBER WHAT WAS SAID IS THAT THE STRUCTURE, WE DIDN'T ASK FOR A DEMO BECAUSE THE STRUCTURE ITSELF, THE MEMBRANES OF IT ARE SOUND, IT SEEMS SOUND AT LEAST IN THE EVALUATION, RIGHT? THE BODY OF IT, THE ROOF IS NOT LEAKING, SO IT'S SECURE.
SO WHEN YOU TALK ABOUT WHAT'S ON THE INTERIOR, YOU SEE A LOT OF UNSANITARY CONDITIONS, RIGHT? YES.
AND THEN IN ADDITION TO THAT, YOU SEE JUST A LOT OF REPAIRS THAT ARE NEEDING IMMINENT, UH, REPAIRS.
THE ELECTRICAL CONDITIONS THAT WE SAW, THE PLUMBING, UH, THOSE ARE CONDITIONS THAT CAN BE RECTIFIED.
SO WHEN YOU HEAR ABOUT THE DANGEROUS CONDITIONS WE'RE TALKING ABOUT, WELL, IS IT THE PUBLIC HEALTH OF, YOU KNOW, BEING IN THERE AND, AND BREATHING IN WHATEVER AIRS THERE? MM-HMM
THAT'S, THAT'S, IT'S DANGEROUS, RIGHT? AND IT'S NOT, IT'S IT'S UNSATISFACTORY, BUT IS IS IT AT A POINT WHERE THE, THE STRUCTURE'S GONNA COLLAPSE AND FALL DOWN MM-HMM
WHERE'S EXTREMELY IMMINENT? SO I JUST WANTED TO MAKE THAT CLARITY ON THAT MM-HMM
SO YEAH, IT SOUNDS LIKE SOMEONE MIGHT JUST GET ELECTROCUTED, BUT THAT'S, AND THE ELECTRICAL LIGHT.
UM, BUT, UH, I WOULD LIKE TO WITH WITHDRAW MY MOTION BECAUSE I, I THINK WE DO NEED CLARIFICATION ON OUR ACTUAL AUTHORITY.
I DID RACHEL AND THE SECONDER AGREEMENT TO WITHDRAW.
ALRIGHT, COMMISSIONERS, WE'RE BACK TO, WELL, AND WHAT DOES, WHAT DOES THE COMMISSION THINK ABOUT JUST ADOPTING STAFF'S RECOMMENDED? WE HAVE TO, WE HAVE TO HAVE A MOTION ON THE TABLE BEFORE WE CAN TALK ABOUT THAT.
I THINK SONIA'S SUGGESTION WAS THAT WE POSTPONE ACTION FOR MM-HMM
THAT, THAT WASN'T A SUGGESTION THAT I HAD MADE.
HOWEVER, IF YOU HAVE AN ALTERNATIVE MOTION THAT YOU WOULD LIKE TO PUT FORTH BEFORE THE BODY, YOU MAY CERTAINLY DO SO THOUGH.
UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
EVERYBODY FROM SHE CAN HAVE IT.
I, IF I MIGHT, IF I MIGHT, UH, JUST COMMENT ON THIS, I THINK THAT'S THE RIGHT THING TO DO BECAUSE THEN WE GET ON THE RECORD, WE NEED THIS PLACE REPAIRED.
IT'S NOT GONNA, I I HAVE, I HAD SIMILAR CONCERNS ABOUT THE VACANCY ISSUE BECAUSE WHERE IS THIS GUY GONNA GO? MM-HMM
I THINK THE ISSUE THAT I THINK THE REPAIR IS HE GONNA BE USEFUL IS THAT IT'S GONNA GET THE ATTENTION OF STOOP.
UM, BECAUSE I THINK SOMEONE NEEDS TO TAKE IN AND, AND CLEAR UP THIS CLOUDY TITLE AND THEN DECIDE WHAT TO DO WITH THIS PROPERTY.
AND I GUESS MY UNDERSTANDING WAS THAT ST.
STU IS THE DAUGHTER WHO HAS A REALLY BAD RELATIONSHIP WITH THE CURRENT OCCUPANT.
IS THAT CORRECT? THAT'S, THAT CAN BE DIFFICULT, BUT MAYBE THE REPAIR ORDER, WHICH IS, IS PROBABLY NOT GONNA BE ACCOMPLISHED WILL LIGHT A BIT OF A FIRE UNDER, UNDER THE PEOPLE WITH THE PROPERTY INTERESTS MM-HMM
UM, BECAUSE EVENTUALLY THE, THAT, THAT CAN BE TURNED NOT INTO A LIEN, BUT IT CAN, IT CAN STACK UP.
SO I WOULD, I WOULD LOVE TO SEE THE REPAIR ORDER COMPLETED AND, AND MOVE FORWARD FOR THAT REASON.
WELL, AND I, I'D LIKE GUESS I'D LIKE FOR STAFF TO COME BACK TO US, LET US KNOW WHAT'S GOING ON.
IF WE NEED TO TAKE A FURTHER STEP WE ASK US.
I'D LIKE TO ASK MY COMMISSIONERS IF I WERE TO OFFER, OFFER UP THE DEMOLITION OF THE ACCESSORY UNIT ONE MORE TIME IF THAT WOULD BE AGREEABLE.
SO AS A FRIENDLY MOTION AMENDMENT TO THE MOTION TO, IS THERE A SECONDER TO THE FRIENDLY AMENDMENT? AMENDMENT?
[02:10:04]
I SECOND.MOTION BEEN MADE BY COMMISSIONER GARZA AS A FRIENDLY AMENDMENT TO ADD ON WITHIN THAT TIMELINE.
DEMO DEMOLITION OF THE ACCESSORY STRUCTURE SECONDED BY COMMISSIONER TOM LOVICH VOTING ON THAT FRIENDLY AMENDMENT.
CHAIR OF OT S THE FRIENDLY AMENDMENT PASSES BACK TO THE MAIN MOTION.
UH, COMMISSIONERS, UNLESS THERE'S ANY OBJECTION, WE'LL TAKE A FIVE MINUTE RECESS.
OKAY, SO I'D LIKE TO, UH, JUST, UH, BRING IT TO THE COMMISSION'S ATTENTION ITEM NUMBER SIX, WHICH WAS, UH, CASE NUMBER CL 20 25 1 6 0 1 9 1 PROPERTY AT 47 13.
RED BLUFF ROAD HAS BEEN PULLED BY STAFF AND WILL NOT BE HEARD.
ITEM NUMBER EIGHT, WHICH IS, UH, CASE NUMBER CV 20 26 0 0 9 0 2 1 REGARDING THE PROPERTY AT 1821 DIRECTORS BOULEVARD.
THAT WAS AN APPEAL AND THE APPEAL HAS BEEN WITHDRAWN.
THE CASE HOWEVER, REMAINS OPEN, BUT THE APPEAL, THE APPELLANT WAS BRINGING THAT MATTER AND IT HAS BEEN WITHDRAWN, SO WE WON'T BE HEARING THAT.
OKAY, SO, UM, I THINK WE'RE MOVING ON
[3. Case Number: CL 2025-148845]
TO ITEM NUMBER THREE.ITEM NUMBER THREE ON THE AGENDA IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 7 0 1 NORTH, EXCUSE ME, WEST NORTH LOOP BOULEVARD.
IT IS ALSO KNOWN AS 7 0 1 EAST NORTH LOOP BOULEVARD AND LOCALLY KNOWN AS SHALAMAR APARTMENTS.
THE CASE NUMBER IS C 20 25 1 4 8 8 4 5.
THE STAFF EXHIBIT CAN BE FOUND IN THE ORANGE BOOKS IN YOUR READERS AND THE GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE PROPERTY.
THIS CASE WAS OPENED IN NOVEMBER OF 2024 AS A RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS RELATED TO THE VIOLATIONS CITED.
THE PROPERTY HAS BEEN THE SUBJECT OF MULTIPLE COMPLAINTS CONCERNING STRUCTURE, CONDITION, AND PROPERTY ABATEMENT VIOLATIONS.
THIS PROPERTY IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, MAPS OF THE PROPERTY, PROOFS OF MAILING FOR TONIGHT'S HEARING AND THE REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J AND THE RECOMMENDED ORDER CODE INSPECTOR JEROME HOWARD IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR HOWARD, PLEASE BEGIN YOUR TESTIMONY.
I'M A CODE INSPECTOR FOR THE DEVELOPMENT SERVICE DEPARTMENT CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL MULTI-FAMILY COMPLEX LOCATED IN 7 0 1 WEST NORTH LOOP BOULEVARD.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS SUNNY QUEST, L-L-A-L-C, PER THE TRAVIS COUNTY CENTRAL APPRAISAL DISTRICT ON NOVEMBER 19TH, 2024.
WE RECEIVED A COMPLAINT ABOUT THIS PROPERTY THROUGH 3 0 1 THAT THE APARTMENT IS BEING USED AS A HOMELESS CAMP ON NOVEMBER, 2020 FIFTH.
AN INSPECTION WAS CONDUCTED DURING WHICH MULTIPLE STRUCTURAL AND PROPERTY MAINTENANCE VIOLATIONS WERE RESERVED, INCLUDING DETERIORATED BALCONIES AND STAIRWAYS AND DAMAGED SIDING, BROKEN WINDOWS AND DETERIORATION, ROOF COMPONENTS AND WORK OF BEING PERFORMED WITHOUT A PERMIT.
ON NOVEMBER 27TH, 2024, OUR NOTICE OF VIOLATION WAS MAILED TO THE OWNER.
NUMEROUS FOLLOW-UP INSPECTIONS WERE CONDUCTED THROUGH 2025.
[02:15:01]
INSPECTIONS, IT WAS OBSERVED AT MANY OF THE VIOLATIONS REMAIN UNCORRECTED ON DECEMBER 18TH, 2025.A NEW NOTICE OF VIOLATION WAS REISSUED SINCE THE PREVIOUS NOTICE HAD EXPIRED ON FEBRUARY 13TH, 2026.
TWO ADMINISTRATIVE HEARING CITATIONS WERE WRITTEN AND POSTED ON THE PROPERTY.
ON MARCH 31ST, 2026, I OBSERVED TRASH AND DEBRIS AND BULKY ITEMS NEXT TO THE DUMPSTER AND A NEW NOTICE OF VIOLATION WAS SENT TO THE PROPERTY OWNER ON APRIL 1ST, 2026.
A NOTICE OF VIOLATION WAS POSTED ON THE PROPERTY ON APRIL 16TH, 2026.
A CITATION FOR A TRASH AND DEBRIS WAS ISSUED AND POSTED ON THE PROPERTY.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS.
UH, THIS IS, UM, PHOTO TWO, A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
NEXT, HERE'S A PHOTO OF TWO B.
IT'S A CLOSEUP OF A SPLIT VERTICAL POST ON THE SECOND FLOOR ON THE NORTHEAST SIDE OF THE PROPERTY NEAR THE STAIRS.
NEXT, HERE'S PHOTO TWO C, A CRACKING BROKEN WINDOW FOR UNIT 1 0 8.
ALSO THERE ARE FIVE OTHER UNITS WITH THE SAME ISSUE.
NEXT PHOTO D, A CLUSTER VIEW SHOWING THE SECOND FLOOR BALCONY ABOVE UNIT 1 0 8 WITH THE BASE GUARD RAIL WARPED AND SEPARATING FROM THE STRUCTURE.
EMERGENCY STAIR REPAIRS WITHOUT A PERMIT WERE OBSERVED ON THE NORTH SIDE OF THE PROPERTY.
NEXT PHOTO TWO FA LEVEL WAS PLACED ON TOP OF THE STAIRWAY ON NORTHEAST SIDE STAIRWELL SHOWING UNEVEN INSTALLATION AND EXPOSED METAL SCREWS.
NEXT PHOTO TWO G SHOWS DAMAGE, ROOF, EAVES AND SOFFITS WITH HOLES AND DETERIORATION IN FRONT OF THE PROPERTY.
NEXT, HERE'S PHOTO TWO H FLOOD LIGHTS WITH A LOOSE GAME BOX ON THE SOUTH, EXTERIOR SIDE OF THE OF THE STRUCTURE.
UH, SEVERE, SEVERE DAMAGE AND LEANING FENCE AT THE REAR OF THE PREMISES RUNNING ALONG UNIT 1 0 8 ALL THE WAY DOWN TO UNIT ONE 14 ON THE LEFT SIDE OF THE PROPERTY.
PEELING AND DAMAGED EXTERIOR RECITING WITH VISIBLE GAPS.
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 THESE STRUCTURES ARE REPUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UH, MR. HONG, YOU'RE THE OWNER? YES, PLEASE.
HELLO, MY NAME IS, UH, TY, AND I'LL GO BY TONY.
[02:20:01]
UH, THANKS FOR HAVING ME.BEFORE WE START, DO YOU HAVE ANY QUESTIONS FOR THE OFFICER? ME? YEAH.
WE, I, UH, I DID, UH, UH, WE, WE DID FIX A LOT OF STUFF AND WE, UH, WE HAD SENT HIM A NOTE TO WHICH ONE WE HAD FIXED AND STUFF LIKE THAT.
AND, UM, THE, UH, CITATION IS NOT, DOES NOT CHANGE WITH THAT.
THOSE, THOSE THINGS THAT WE FIXED THAT DOES NOT REQUIRE THE PERMIT.
UM, AND ALSO THE, FOR THE 2024 CITATION, UM, WE HAVE A EVICTION COUPLE UNITS, UH, GOING ON AND, UM, UH, IT WAS DEATH THREATS AGAINST ME AND I GOT ASSAULTED AND BATTERY AND IT WAS DANGEROUS SITUATION.
AND I BELIEVE THAT AT THAT TIME WAS, UH, ALL CODE OFFICER WITH COURTNEY.
HE CORNY BRITT, SHE, HE WAS ON THE CASE AND HE GRANTED ME WAIT UNTIL AFTER THE EVICTIONS ARE PROCESSED TO, FOR MY SAFETY AND MY STAFF.
SO THAT'S WHY HE'S GOT CARRIED OVER TO 2025.
UM, ALSO, THE, UH, ONE OF THE ISSUE IS OBTAINING A PERMIT AT SCHOOL.
I'VE BEEN TRYING, AND, UH, I WOULD LIKE TO THANK MR. MR. CHAMBER, ELLS THAT, UH, HE'S BEEN, HE'S A, HE'S BEEN REALLY HELPFUL.
THE FIRST HELPFUL THAT I ENCOUNTER, WE HAD, UM, I TRIED TO REACH OUT TO, UH, TO THE CODE OFFICERS SEVERAL TIMES, PHONE, TEXT, EMAIL TO, UH, TO CLARIFY CERTAIN THING AND HELP ME WITH THE SITUATION, UH, FOR GETTING A PERMIT.
AND, UH, THERE'S NO, UH, RESPONSE TO THAT.
UH, SO I REACH OUT TO, UH, THE SUPERVISOR, MOSES RODRIGUEZ, TO HELP ME IN THAT CASE.
AND, UH, THERE'S NONE HELP, NO HELP COMING BACK.
WE HAVE MAINTENANCE PEOPLE ON AROUND ALL TIME, ALL THE TIME, AND, UH, CLEANING ALL THE TIME AND STUFF LIKE THAT.
UH, WE HAVE ALSO HAD A ILLEGAL DUMPING, UM, AROUND, AROUND THE BLOCK IN, IN THE NEIGHBORHOOD.
THEY, UH, THEY DUMP A, OTHER THAN BE OTHER PEOPLE DUMPING ILLEGAL, DUMPING THE NEIGHBORHOOD, ALSO DUMPING, USES OUR TRASHCAN, DUMPSTER AS AT, AT ITS DISADVANTAGE ESPECIALLY WELL WOULD PUT OUT A MATTRESS AND, AND, AND ALL THE BOX FRAME AND ALL THAT STUFF, ESPECIALLY DURING THE, UH, THE MOVE IN, MOVE OUT PERIOD AFTER SCHOOL YEARS AND STUFF.
AND THEN AFTER THAT, THEY CALLED CODE CODE ENFORCING ON US, SAY THAT WE'RE, WE'RE MESSY, WE'RE TRASHY.
WE, WE UN SEND ANYTHING AND STUFF LIKE THAT TO GET US IN TROUBLE WHILE THEY'RE DOING THAT.
WE HAD WITNESSED THAT, CAUGHT THEM DOING THAT.
UM, OLD TIME OVERNIGHT, WE, UH, WE MENTIONED THAT TO THE CO OFFICER SEVERAL TIME WE MENTIONED IT TO OFFICER COLEMAN THAT'S, SHE'S IS, UH, AROUND, UH, I DON'T KNOW WHAT YOU CALL IT, THE, UH, AROUND THAT AREA TO TAKE CARE OF THAT.
WE, WE HAVE, UH, FILED A REPORT WITH 3 1 1.
WE FILED A REPORT WITH POLICE DEPARTMENT ON ALL CERTAIN THINGS, AND WE DON'T GET ANY RESPONSE OR ANY, UM, UH, HELP AT ALL.
UM, ALSO SURROUNDING THE, THE PROPERTY WITHIN A MILE RADIUS, WE HAVE FOUR TO FIVE HOMELESS ENCAMPMENTS BUILT UP.
ONE OF 'EM IS IN THE TEXACO IN THE CORNER, UH, ABANDONED.
ONE OF 'EM IS OLD GAS STATION BEHIND OUR, OUR APARTMENT, UH, COMPLEX.
AND THEN THERE'S THE ONE ACROSS DOWN STREET ON, UH, 700 OS OF NORTH LOOP AS A, AS A, A EMPTY ABANDONED HOUSE.
AND THEN THERE'S ANOTHER ENCAMPMENT, UH, CAM BUILT UP RIGHT BEHIND THE UT INTRAMURAL FIELD AT THE CREEK WHERE YOU GO IN THE CREEK BEHIND THE INTRAMURAL FIELD.
SO THOSE, UH, THERE'S BEEN A LOT OF VANDALISM AND STUFF LIKE THAT, AND WE HAVE CALLED POLICE TO HELP AND, AND, AND THEY, THEY DO A GOOD JOB ON IT, BUT I GUESS WITH THE MANPOWER, THEY CAN DO SO MUCH.
UH, WE MENTIONED THIS, UH, THIS, ALL THIS ISSUE TO, UH, TO, TO THE CODE ENFORCEMENT AS WELL.
AND FOR THE WINDOWS BROKEN, THERE'S A LOT OF EVICTION TENANTS GOING ON RIGHT NOW.
WE CANNOT GO IN THERE DUE TO, FOR OUR SAFETY AND, AND THEY BARRICADE THEMSELVES.
AND THEN UNTIL THE PROCESS IS OVER, THEN WE CAN ACTUALLY DO THE FIXING
[02:25:01]
FOR THOSE UNITS.UH, WE, WE REALLY NEED HELP FOR THE GETTING THE PERMIT.
THE PERMIT IS HOLD, HOLD UP EVERYTHING.
AND A PERMIT CAN BE VERY GRUESOME.
IF YOU DON'T BELIEVE ME, YOU CAN TRY YOURSELF.
THIS MORNING AT ONE O'CLOCK, I CAME IN THIS MORNING AFTER SEVERAL ATTEMPT TRYING, UH, TO DO IT ONLINE, FAILED.
I SHOWED THAT EVIDENCE TO, UH, TO MR. JAMES, UH, ELA, THAT, THAT WE DID TRY AND IT FELL.
WE LOST IN THE MAZE THIS MORNING.
I CAME IN AT ONE O'CLOCK DOWN THE OFFICE THERE TRYING TO GET THE PERMIT AND IT WASN UNSUCCESSFUL.
THERE WAS LIKE FOUR OR FIVE STAGES TO GET THERE.
AND, UM, IT'S MR. HALL? YES, SIR.
DO YOU HAVE A ASK FOR THE COMMISSIONERS THERE? SOMETHING YOU'D LIKE TO ASK US TO DO FOR YOU? YES.
WE, WE, WE, LIKE, WE, WE NEED HELP TO GET, OBTAIN THE PERMITS AND, UH, WE SEVERAL AFTER SEVERAL TIMES WE FAIL.
UH, WE REALLY NEED HELP ON THAT.
THAT'S REALLY THE ONE, THE HOLDING UP THE PROCESS RIGHT NOW.
COMMISSION, UNLESS THERE'S ANY OBJECTION, I'LL ADMIT THE CITY'S EXHIBITS, EXHIBIT ONE TWO A THROUGH TWO J, HEARING NONE WILL ADMIT THOSE EXHIBITS.
ARE THERE ANY QUESTIONS FOR THE OWNERS OR THE STAFF, UH, TO THE, TO THE STAFF COMMISSIONER TOM LOVICH? UM, ARE THE, ARE THE PROBLEMS LOCATED TO ONE BUILDING MOSTLY OR ARE THEY SPREAD EVENLY THROUGHOUT THE PROPERTY? ALL OVER THE PROPERTY.
AND, UH, ARE THERE, AND I GUESS TO THE OWNER, DO YOU HAVE TENANTS LIVING THROUGHOUT THIS PROPERTY RIGHT NOW? YES, SIR.
HAVE YOU BEEN, HAVE YOU, UH, GIVEN THEM THE OPPORTUNITY, UH, FOR ALTERNATIVE HOUSING OR MOVE OUTS, ESPECIALLY IF THE REPAIRS ARE PARTICULARLY SERIOUS? OR IS THIS IS, I GUESS THE, MY QUESTION IS, IS THERE A CHANCE ANYONE'S GONNA BE DISPLACED FOR THE REPAIRS AND, AND WHAT DO YOU NEED TO DO TO DO FOR THAT? FORTUNATELY, THE, ALL THE, THE, THE REPAIR IS IN THE VACANT UNITS RIGHT NOW.
BASED ON YOUR UNDERSTANDING, NO ONE WILL HAVE TO BE DISPLACED BASED ON THESE REPAIRS? NOT I KNOW OF YET.
UH, MY QUESTION FOR THE INSPECTOR, IS THIS A REPEAT OFFENDER PROGRAM? I DON'T SEE A NOTATION.
I JUST WANNA MAKE SURE IT IS NOT A REPEAT OFFENDER PROGRAM AT THIS TIME.
UM, WITH THE NUMBER OF ESCALATIONS WE HAVE, IT WILL PROBABLY BE, BE ELIGIBLE, UH, SOONER RATHER THAN LATER.
QUESTION TO THE OWNER, COMMISSIONER.
NA, UM, ARE YOU DOING THIS WORK YOURSELF? OH, WE HAVE A TEAM THAT, UH, HANDLE THE MAINTENANCE AND STUFF LIKE THAT.
YEAH, BUT SOMEBODY, SOMEBODY THAT WORKS FOR YOU.
THE, THE PERSON YOU'RE TALKING ABOUT WORKS FOR YOU THAT YOU DON'T HIRE SOMEBODY TO FIX YOU, YOU HAVE SOMEBODY WORKING FOR YOU.
ANY OTHER QUESTIONS? CURRENTLY, THE ORDER READS, UM, MR TO TO WORK TO BE DONE WITHIN 45 DAYS.
WOULD IT BENEFIT YOU TO OFFER 90 DAYS, 120 DAYS? I DO THINK THESE REPAIRS NEED TO BE DONE.
UM, I UNDERSTAND THAT THE PERMITTING IS, IS A LONG, IT TAKES A LONG TIME.
I MEAN, IF YOU DON'T BELIEVE ME, YOU JUST GO AHEAD, TRY TOMORROW.
I HOPE THAT WAS, I WAS PRAYING FOR HER.
IT'S, IT'S NOT THE WORK THAT, THAT WE WORRY ABOUT.
IT'S GETTING OBTAINED A PERMIT.
THE WOR I MEAN THE, BY THE TIME WE GET THE PERMIT, WE GO OUT TO FINISH A COUPLE PROJECTS ALREADY.
IT'S, I'M SORRY, THAT'S, THAT'S THE TRUTH OF IT.
AND ANOTHER HARD HARDSHIP IS IF WE DON'T GET THE PERMIT, WE CAN'T DO THE WORK.
AND IF WE DON'T DO THE WORK, WE GET SLAPPED TURNED OVER TO BSC THAT WE NOT DOING THE WORK.
WE, THAT'S WHY WE ARE HERE TODAY.
IT'S NOT LIKE WE DON'T WANT TO, WE TRY, WE TRY AND REACH OUT, COMMUNICATE, ASK HIS SUPERVISOR, ASK CODING PROFESSOR ENFORCER, ASK EVERYBODY, HELP, HELP, HELP.
SO THIS STARTED IN NOVEMBER OF 24? THAT'S CORRECT.
ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
IF YOU'LL PLEASE KEEP YOUR SEAT THERE JUST IN CASE THERE'S A QUESTION THAT THE COMMISSION WILL NOW JUST TAKE
[02:30:01]
IT IF UNDER ADVISEMENT AND MAKE A DECISION.COMMISSIONERS, IS THERE A MOTION I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
MOTION BY COMMISSIONER MUSGROVE SECOND.
I'M SYMPATHETIC TO THE PERMITTING PROCESS.
THERE'S A MOTION BY COMMISSIONER GARZA TO, UM, AMEND THE MAIN MOTION FROM 45 TO 90 AND I THINK THAT WOULD BE THE 91ST DAY.
IS THERE A SECOND FOR THAT? SECOND.
OKAY, WE'RE VOTING NOW ON THE AMENDMENT TO THE MAIN MOTION TO CHANGE THAT FROM 45 TO 90 AND 90.
FIRST DAY COMMISSIONER NA AYE.
MOTION PASSES BACK TO THE MAIN MOTION.
IS THERE, WE'LL JUST GO TO THE VOTE.
A COPY OF THE MOTION, UH, ORDER WILL BE MAILED TO YOU.
[4.Case Number: CL 2026-015089]
ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 26 0 1 5 0 8 9 AND IS REGARDING THE RESIDENTIAL PROPERTY LOCATED AT 2003 DELWOOD COURT.THE EXHIBITS CAN BE FOUND IN THE DARK BLUE BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASE IS REGARDING A RESIDENTIAL PROPERTY THAT IS HOMESTEADED.
THE CASE WAS OPENED IN OCTOBER OF 2024 AS THE RESULT OF A COMPLAINT.
THERE ARE NO TRADE PERMITS ISSUED FOR THE PROPERTY TO ADDRESS THE VIOLATION CITED.
THIS STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS WHICH REQUIRE REPAIR IN YOUR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, INCLUDING ONE SHOWING THE DISTANCE TO A NEARBY SCHOOL, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO I AND THE RECOMMENDED ORDER CODE INVESTIGATOR COURTNEY BRITT IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS COURTNEY BRITT AND I'M A CODE INVESTIGATOR FOR AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE PROPERTY BEING BROUGHT BEFORE YOU TODAY.
IS IT SINGLE FAMILY RESIDENCE LOCATED AT 2003 DELWOOD COURT.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS NICHOLAS R CAK II PER THE TRAVIS CENTRAL APPRAISAL DISTRICT ON OCTOBER 4TH, 2024.
WE RECEIVED A COMPLAINT FOR THIS PROPERTY VIA 3 1 1 FOR AN ABANDONED HOUSE WITH UNMAINTAINED YARD AND BROKEN FENCE INSPECTOR JEROME HOWARD CONDUCTED AN INITIAL INSPECTION, DOCUMENTED STRUCTURAL DEFICIENCIES AND ISSUED A NOTICE OF VIOLATION TO THE OWNER.
THE OWNER CONTACTED CODE COMPLIANCE UPON RECEIPT OF THE NOTICE AND REPORTED HE WAS EXPERIENCING FINANCIAL DIFFICULTIES.
AFTER GRANTING TWO EXTENSIONS AND SEEING NO PROGRESS ON REPAIR, INSPECTOR HOWARD ISSUED AN ADMINISTRATIVE CITATION ON FEBRUARY 8TH, 2025 FOR WHICH THE OWNER WAS SOUND LIABLE.
IN MAY OF 2025 DSD SOCIAL WORKER SCOTT MATA INTERACTED WITH THE OWNER WITH MR. MATA'S ASSISTANCE.
THE OWNER WAS ACCEPTED TO A HOME REPAIR ASSISTANCE PROGRAM.
HOWEVER, IT APPEARS THE OWNER DID NOT FOLLOW THROUGH WITH NECESSARY PAPERWORK REQUIRED FOR THE PROGRAM.
IN NOVEMBER, 2025, I WAS ASSIGNED THIS CASE.
I OBSERVED ADDITIONAL STRUCTURAL AND PROPERTY MAINTENANCE VIOLATIONS, UPDATED THE CASE AND REISSUED A NEW NOTICE OF VIOLATION ON NOVEMBER 12TH, 2025.
ON JANUARY 29TH, 2026, I ISSUED A SECOND ADMINISTRATIVE CITATION FOR WHICH THE OWNER WAS ALSO FOUND LIABLE.
IN APRIL, 2026, SOCIAL WORKER SCOTT MODI AGAIN CONTACTED THE OWNER TO ASSIST WITH ANOTHER APPLICATION FOR THE HOME REPAIR ASSISTANCE PROGRAMS. TO DATE, THERE ARE NO PERMIT APPLICATIONS IN THE SYSTEM, NOR HAVE WE RECEIVED A REPAIR TIMELINE FROM MR. AK AND OBSERVED LITTLE EVIDENCE OF REPAIRS ON THE PREMISES.
I'D ALSO NOTE THIS RESIDENCE IS LESS THAN A QUARTER
[02:35:01]
MILE FROM BLANTON ELEMENTARY SCHOOL.I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE EIGHT VIOLATIONS DEPICTED.
PHOTO TWO A IS A CONTEXTUAL PHOTO OVER THE FRONT OF THE PREMISES AND SHOWS VIOLATIONS FOR VACANT STRUCTURES AND LAND SECTION 3 0 1 0.3.
NEXT PHOTO, PHOTO TWO B DEPICTS A ROTTEN ROOF DECKING AND DILAPIDATED FASCIA, WHICH IS CONSISTENT WITH MULTIPLE AREAS OF THE ROOF ASSEMBLY.
NEXT PHOTO PHOTO TWO C DEPICTS THE REAR ROOF WITH A SEVERE DEPRESSION INDICATING WATER INTRUSION, FAILED ROOF DECKING AND POSSIBLE COLLAPSED TRUCK TRUSS OR RAFTER.
THIS IS A VIOLATION FOR ROOFS AND DRAINAGE.
PHOTO 2D SHOWS A LARGE PENETRATION ON THE EXTERIOR WALL OF THE NORTH CORNER OF THE STRUCTURE.
EXTERIOR WALLS SECTION 3 0 4 0.6.
NEXT PHOTO TWO E DEPICTS THE ROTTEN BASE OF THE FRONT PORCH SUPPORT COLUMN.
THE DEGRADATION OF THIS COLUMN HAS CAUSED SIGNIFICANT SAGGING OF THE ATTACHED OVERHEAD BEAMS. WOOD 3 0 6 0.16.
PHOTO TWO F DEPICTS WHERE THE OUT OF PLUM GARAGE DOOR FRAME AND EXTERIOR WALL ASSEMBLY ARE SEPARATING DOORS.
PHOTO TWO, UH, G DEPICTS THEIR DEFICIENT FENCE WITH BROKEN PANEL COMPLETELY SEPARATED AND LAYING ON THE GROUND AND MULTIPLE DAMAGE POSTS, PICKETS AND RAILS FOR ACCESSORY STRUCTURE.
NEXT PHOTO TWO H DEPICTS A DEGRADED PEELING AND FLAKING PAINT CONSISTENT THROUGHOUT THE PAINTED PORTIONS OF THE RESIDENCE.
PROTECTIVE TREATMENT SECTION 3 0 4 0.22.
I DEPICTS A DERELICT MOTOR VEHICLE IN THE REAR YARD.
REVIEW OF AVAILABLE SATELLITE IMAGERY INDICATES THIS VEHICLE HAS NOT MOVED IN OVER 10 YEARS, UH, FOR MOTOR VEHICLES 3 0 2 0.8.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
BECAUSE OF THE, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
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.
I STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING.
ONE WITHIN 45 DAYS FROM THE DATE YOU ORDER IS MAILED A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND ACCESSORY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
IS THERE MR. ANIAK, WOULD YOU LIKE TO COME FORWARD AND PLEASE PROCEED WITH STATE YOUR NAME AND PROCEED WITH YOUR PRESENTATION? UH, MY NAME IS RICK AK NICHOLAS ANIAK.
UM, I WANT TO THANK ALL OF YOU.
I SERVE ON THE CITY COMMISSION AND I WANT TO THANK ALL OF YOU FOR YOUR TIME AND THE AMOUNT OF STAFF HERE IS AMAZING.
WE MAYBE HAVE TWO IN OUR COMMISSION MEETINGS.
UM, SO I KNOW IT'S A LOT OF TIME HERE AND I APPRECIATE THAT.
UM, I WANNA NOTE THAT FROM THE PICTURE, THE, THE FENCE HAS BEEN REMOVED.
THE, UM, ALL OF THE BROKEN DOWN FENCES GONE AND THE YARD HAS BEEN, UM, MOWED AND CLEANED UP, UM, SINCE THAT WAS DONE.
BUT YES, I DO, I DO HAVE THE, THE FINANCIAL PART OF THIS IS, IS A, A PROBLEM.
I I I PUT TOGETHER A SPREAD A SPREADSHEET.
I COULD, I HAVE ENOUGH TO HAND OUT TO EVERYBODY, BUT I THINK ALL YOU NEED TO KNOW IS THAT, UM, MY SISTER AND I INHERITED, UM, THREE
[02:40:01]
DUPLEXES IN THE TOWNHOUSE AND, UM, I OWN A DUPLEX, WHICH IS WHERE I'M CURRENTLY LIVING.UM, AND SO BETWEEN THE, THE PROPERTY TAXES THAT I HAVE TO SPLIT WITH MY SISTER AND THE ONES THAT I HAVE TO PAY ON MY, UH, ON MY OWN.
OVER THE LAST 10 YEARS, I HAVE PAID $327,337 AND 64 CENTS ON PROPERTY TAXES.
I HAVE NOT BEEN GAINFULLY EMPLOYED SINCE ROUGHLY 2002.
UM, I DID NOT COLLECT ANY SOCIAL SECURITY OR HAVE ANY SOURCE OF INCOME REALLY.
UM, I GUESS I HAD A TENANT IN THE OTHER HALF OF MY DUPLEX.
UM, FOR A WHILE SHE WAS PAYING ALL OF $800 A MONTH.
AND, UM, I WAS, MY INTENTION WAS TO, I I GAVE HER A NOTICE TO LEAVE.
SHE WOULDN'T, COULDN'T AFFORD ANY MORE RENT, AND I WAS GONNA GET, FIX THE PLACE UP AND GET MORE RENT AND THINGS HAPPEN.
UM, ACTUALLY MY, I HAD A FORMER FRIEND MOVE IN WITH ME, UM, A DISABLED VETERAN THINKING THAT HE MIGHT HELP ME WITH SOME OF THIS STUFF, BUT HE JUST REALLY CAUSED MORE PROBLEMS. HE INVITED SOME HOMELESS GUY IN AND WE HAD A, A BEDBUG INFESTATION, AND THAT JUST REALLY THREW ME FOR A LOOP ON GETTING THE REST OF THAT UNIT FIXED UP.
UM, I, MY SISTER AND I ARE TRIED LAST YEAR TO SELL A, A, UH, SOUTH AUSTIN DUPLEX.
UM, THE MARKET HAS WAS REALLY BAD.
I, WE TOOK IT OFF THE MARKET SO THAT IT, TO DO A FEW THINGS TO IT.
AND SO THAT WOULDN'T BE ON THE MARKET FOR A YEAR.
UM, AND HOPE TO GET IT ON THE MARKET NEXT MONTH.
UH, THE OFFERS THAT WE GOT LAST YEAR WERE, UM, LESS THAN THE VALUE OF THE LAND ACCORDING TO TRAVIS' CENTRAL APPRAISAL DISTRICT.
SO I DON'T KNOW WHAT'S GONNA HAPPEN THIS YEAR, BUT, UM, IT'S, IT'S NOT, UH, YOU KNOW, THAT WITHOUT SELLING ONE OF THESE PROPERTIES, THERE'S, IT'S GONNA BE VERY DIFFICULT FOR ME TO DO SOME OF THESE THINGS TO GET THIS PROBABLY COMPLETELY IN COMPLIANCE.
UM, SO I, IT'S, IT'S A LONG FAMILY ISSUES ARE OBVIOUSLY INVOLVED IN A LOT OF THESE THAT I'VE HEARD TONIGHT.
MY SISTER, UM, HAS A, UM, GOT A REAL ESTATE LICENSE IN THE EARLY NINETIES.
THE, UH, REAL ESTATE CONTINUING EDUCATION BROKE HER.
SO WE HAVE HAD VERY FEW TENANT, VERY FEW TENANTS OVER THE YEARS, UH, IN ALL OF THESE PROPERTIES.
UM, WE JUST LOST ONE THIS MONTH.
UH, SHE, UH, MOVED INTO A, A NURSING HOME, UM, LAST WEEK.
UM, SO THERE'S, YOU KNOW, I'M HOPING THAT WE CAN GET THESE RENTED, BUT THAT THERE'S, THAT, THAT I HAVE TO COME AND FIX UP.
I DO THE, ALL OF THE YARD MAINTENANCE ON ALL OF THESE PROPERTIES.
UM, AND I'M EXHAUSTED A LOT OF TIMES, SO I, IT'S JUST, AND I, I FEEL BAD THAT I HAVEN'T CONTACTED THE SOCIAL SERVICE PEOPLE BACK.
I GOT CONFUSED ON WHAT, WHAT IT IS I WAS WANTED AND OR WHAT, WHAT THEY WANTED OF ME.
I THINK I HAVE THE FORM MOSTLY FILLED OUT AT THIS POINT TO MAYBE GET SOME ASSISTANCE.
UM, I JUST HAVE NOT TURNED IT IN, SO, UM, I'M JUST BEGGING FOR A LITTLE MORE TIME MAYBE ON, ON GETTING SOME OF THIS DONE.
LIKE I SAID, I GOT THE YARD CLEANED UP.
I THINK THAT WAS WHAT INITIATED THE, IN THE, UH, COMPLAINT FROM A NEIGHBOR.
UM, IT'S AS FAR AS BEING, UH, CLOSE TO BLANTON ELEMENTARY SCHOOL, THIS IS A CUL-DE-SAC.
I'M AT THE END OF A A, A LONG CUL-DE-SAC, 11 HOUSES ON IT.
UM, SO IT'S BY FOOT, IT MIGHT BE, I MEAN, KIDS DON'T WALK BY GOING TO AND FROM THE SCHOOL.
I'M AT THE END OF THE CUL-DE-SAC AS THE BIRD FLIES.
IT'S, IT'S PROBABLY A PRETTY SHORT DISTANCE, BUT THERE'S NO DIRECT CONTACT FROM BLANTON IF THAT'S AN ISSUE.
SO I HAD A NICE CONVERSATION WITH MY NEXT DOOR NEIGHBOR, UM, ON ONE SIDE, UM, AS I WAS CLEANING UP THE YARD AND THE FENCE.
UM, SO I, I I, I WANT, THIS IS MY HOMESTEAD.
MY GOAL IS TO MAYBE MOVE BACK HERE.
I'M AT THE POINT THAT THIS PROBABLY WILL NEED TO BE DEMOLISHED.
IT'S AN OVER 10,000 SQUARE FOOT LOT.
IT'S OCCURRED TO ME RECENTLY THAT I MIGHT POSSIBLY SPLIT THE LOT OR, UM, DO A CONDO ARRANGEMENT AND SELL OFF HALF OF IT AND BUILD MYSELF A SMALLER UNIT ON THE OTHER HALF.
I REALLY WOULD LIKE TO LIVE BACK IN THIS NEIGHBORHOOD.
IT'S LONG SOB STORY AND I'M SORRY FOR THAT.
BUT, UM, IT'S, IT HASN'T BEEN EASY MR. CAK.
BUT, SO YOU'RE ASKED FOR US TONIGHT IN, IN THAT, I THOUGHT I HEARD YOU SAY
[02:45:01]
THAT YOU THOUGHT YOU MIGHT BE D DEMOLISHING THE STRUCTURE.IS THAT CORRECT? WELL, UH, I, I, YOU KNOW, YOU'RE ASKING FOR REPAIRS AND IT'S SPENDING MONEY ON A, ON A BUILDING THAT'S PROBABLY NOT HABITABLE THE FOUNDATION.
PART OF THE REASON THAT I MOVED OUT WAS THE FOUNDATION STARTED MOVING AROUND.
YOU SAW THE GAP BETWEEN THE GARAGE DOOR AND THE BRICK, AND IT'S CONTINUING TO MOVE.
SO I MEAN, IT, IT IS, THAT HAS BEEN A, A BIG ISSUE AND I DO DO NOT THINK, UM, THE FOUNDATION IS PROBABLY FIXABLE AT THIS POINT.
SO WOULD A DEMOLITION ORDER BE ACCEPTABLE TO YOU? WELL, FROM YOU? UM, WELL, NOT FROM ME PERSONALLY.
A LOT OF IT'S PROBABLY BAD NOW.
I NEED TO MOVE THAT OUT AND I HAVE TO FIND A PLACE TO PUT THAT, BUT IT'S NOT GONNA HAPPEN TOMORROW.
SO IT'LL TAKE SOME TIME FOR THAT.
TO WORK ITS WAY THROUGH THE CHANNELS SEVERAL MONTHS AT LEAST.
AND YOU HEARD EARLIER THE, THERE'S BUDGETARY ISSUES AND SO FORTH, BUT IF THAT'S ACCEPTABLE TO YOU, THEN WE CAN ADOPT THAT AS AN ORDER THIS EVENING.
AND, UM, I'M GONNA LEAVE THAT UP TO YOU.
I, I, I HAVEN'T REALLY TALKED TO, I AM AN ARCHITECT.
I HAVEN'T PRACTICED IN 25 YEARS.
UM, I'VE NOT TALKED TO ANYBODY ABOUT POSSIBLY REHABBING THE FOUNDATION, BUT I JUST, I HAVE ENOUGH FAMILIARITY WITH IT.
BUT IF WE EXTENDED THIS FROM 45 DAYS TO SAY 90, 120 DAYS, WOULD THAT GIVE YOU ENOUGH TIME TO WORK THROUGH THAT PROCESS TO DO YOUR ANALYSIS? UM, 120 DAYS WOULD BE, UM, PERFECT.
ANY QUESTIONS FOR THE OWNER? YEAH, THIS IS, UM, ALSO FOR CLARIFICATION FOR NEW COMMISSIONERS, BUT, UM, CITY STAFF JUST WANNA CONFIRM THAT EVEN IF WE DO A REPAIR ORDER, DEMOLISHING THE PROPERTY WOULD ALSO SATISFY THAT ORDER.
ANY OTHER QUESTIONS? COMMISSIONERS? JUST REAL QUICK, VERY, VERY BRIEFLY.
THERE'S NO TENANT IN THE HOUSE.
AND NO PLANS TO PUT SOMEONE IN THERE RIGHT NOW.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? MOTION TO CLOSE? COMMISSIONER GARZA SECOND, UH, COMMISSIONER, COME.
PLEASE KEEP YOUR SEAT IN CASE WE HAVE ADDITIONAL QUESTIONS.
COMMISSIONER SEEMS PRETTY STRAIGHTFORWARD.
UM, IF YOU'RE THINKING ABOUT GOING OVER 90 DAYS, REMEMBER HE WOULD HAVE TO HAVE A LOT OF THAT'S TRUE DOCUMENTATION.
THANK YOU FOR THAT CORRECTION.
SO 90 DAYS WOULD BE THE MAX THAT WE CAN PROVIDE FOR YOU TONIGHT.
IF WE GO TO THE 120, THERE'S LITANY OF ADDITIONAL ITEMS THAT YOU WOULD NEED TO PROVIDE THAT ARE OBVIOUSLY NOT HERE TONIGHT.
THE MOST WE CAN DO AT THIS POINT.
UM, I MOVE TO ADOPT STAFFS FROM HOST FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER.
I BEG YOUR PARDON BEFORE YOU, UM, I'M SORRY.
I DON'T, I DON'T RECALL IF YOU, UH, ADMITTED THE EXHIBITS.
I BELIEVE I DID, BUT DO YOU WANNA DO IT AGAIN? I CAN JUST TO BE SURE.
WE'LL ACCEPT, UNLESS THERE'S AN OBJECTION, WE'LL ACCEPT EXHIBITS ONE, TWO A THROUGH TWO.
I I THINK YOU'RE RIGHT, JAMES.
HEARING NONE EXHIBITS ARE ACCEPTED.
STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER.
ONE WITHIN 90 DAYS FROM THE DATE OF DATE THE ORDER IS MAILED.
AND THEN TWO ON THE 91ST DAY IF COMPLIANCE IS NOT ACHIEVED, ET CETERA.
ANY OTHER QUESTIONS? CALL FOR THE VOTE.
MOTION WILL, UH, THE COPY OF THE ORDER WILL BE MAILED TO YOU.
[02:50:02]
THANK YOU FOR COMING.[5.Case Number: CL 2026-053396]
ITEM NUMBER FIVE.ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER CL 20 26 0 5 3 3 9 6 AND IS REGARDING A COMMERCIAL ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 9,500 STONEBRIDGE DRIVE.
THE STAFF EXHIBIT CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE PROPERTY.
THIS CASE WAS OPENED IN FEBRUARY OF 2026.
AS A RESULT OF A COMPLAINT, THERE ARE NO ISSUED PERMITS, ISSUED PERMITS RELATED TO THE VIOLATIONS CITED.
THE PROPERTY HAS BEEN THE SUBJECT OF MANY COMPLAINTS CONCERNING, UH, STRUCTURE, CONDITION AND PROPERTY ABATEMENT VIOLATIONS.
THIS PROPERTY IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, THE FIRE INCIDENT REPORT.
AND EXHIBIT TWO WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO G CODE.
INVESTIGATOR COURTNEY BRITT IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS COURTNEY BRITT AND I'M THE CODE INVESTIGATOR FOR AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A FIRE DAMAGE COMMERCIAL CLOCK TOWER STRUCTURE ON A SINGLE FAMILY RESIDENTIAL LOT LOCATED AT 9,500 STONEBRIDGE DRIVE.
THE OWNER HAS BEEN IDENTIFIED AS NA, THE TRAVIS CENTRAL APPRAISAL DISTRICT IN FEBRUARY, 2026.
WE RECEIVED A COMPLAINT FOR THIS PROPERTY VIA 3 1 1 FOR A SEVERELY FIRE DAMAGE STRUCTURE ON FEBRUARY 26TH, 2026.
I CONDUCTED AN INITIAL INSPECTION AND DRAFTED A NOTICE OF VIOLATION ON FEBRUARY 27TH.
DSD BUILDING OFFICIAL AND ENGINEERING STAFF REVIEWED PHOTOGRAPHS AND CONFIRMED BY INITIAL FINDINGS THAT THE BRICK IS A NON-STRUCTURAL VENEER AND THE STRUCTURAL INTEGRITY OF THE BUILDING WAS SEVERELY COMPROMISED BY FIRE CODE COMPLIANCE POSTED AN UNSAFE STRUCTURE PLACARD THAT SAME DAY ON INSPECT INSPECTOR CHRISTOPHER MCFARLAND MAILED A NOTICE OF VIOLATION TO THE OWNER ON MARCH 3RD AND POSTED IT ON THE PROPERTY ON MARCH 5TH.
ON OR ABOUT MARCH 9TH, 2026 THE OWNER INSTALLED AN APPROXIMATELY FOUR FOOT HIGH CONSTRUCTION BARRIER ON THE PROPERTY ON MARCH 10TH, 2026.
A HISTORIC PRESERVATION OFTEN OFFICE CONFIRMED THAT THE CLOCK TOWER STRUCTURE BUILT IN 1972 HAS NO HISTORICAL SIGNIFICANCE.
ON MARCH 26TH, 2026, THE OWNER APPLIED FOR A RESIDENTIAL DEMOLITION PERMIT ON MARCH 30TH.
THE DSD STAFF INFORMED THE OWNER THAT THE PROJECT REQUIRED A COMMERCIAL DEMOLITION PER PERMIT DUE TO THE CLOCK TOWER BEING A NON-RESIDENTIAL STRUCTURE.
ON MAY 20TH, THE OWNER APPLIED FOR A COMMERCIAL DEMOLITION PERMIT, WHICH IS CURRENTLY WAITING ON PAYMENT OF FEES PRIOR TO REVIEW DUE TO STRUCTURAL INTEGRITY CONCERN CODE COMPLIANCE IS CONDUCTED 13 FOLLOW UP INSPECTIONS TO MONITOR FOR SIGNS OF DETERIORATION OR COLLAPSE.
ON MAY 11TH, 2026, I OBTAINED A SEARCH WARRANT AND CONDUCTED AN INTERIOR AND AN AND EXTERIOR INSPECTION ALONG WITH TWO MEMBERS OF THE DSD ENGINEERING STAFF.
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE 11 VIOLATIONS DEPICTED.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PREMISES.
NEXT PHOTO AND PHOTO TWO B IS THE LOWER PORTION OF THE CLOCK TOWER.
THIS IS FOR VACANT STRUCTURES AND LAND SECTION 3 0 1 0.3.
NEXT PHOTO PHOTO TWO C IS A CLOSEUP OF THE DAMAGED ROOF WITH DAYLIGHT VISIBLE THROUGH THE MISSING SHINGLES, UNDERLAYMENT AND DECKING.
NEXT PHOTO, PHOTO 2D SHOWS THE MISSING DOOR AND FIRE DAMAGED DOORWAY OR DOORS.
NEXT PHOTO, PHOTO TWO E DEPICTS THE SEVERELY BURNED STRUCTURAL FRAMING, BURNED FLOOR JOISTS ON THE INTERIOR PLATFORMS AND LANDINGS AND THE BURNED ACCESS LADDER.
NEXT PHOTO TWO F SHOWS THE BURNED AND DAMAGED LIGHT FIXTURE IN INSIDE THE STRUCTURE.
PHOTO TWO G SHOWS THE FIRE DAMAGE ELECTRICAL PANEL NEXT PHOTO AND TWO H SHOWS THE ACCUMULATION OF BURN MATERIAL AND RUBBISH INSIDE THE STRUCTURE.
I'M AVAILABLE TO ANSWER ANY QUESTIONS
[02:55:03]
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH CAN INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H.
STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE FIRE DAMAGED COMMERCIAL ACCESSORY STRUCTURE AND REMOVE HIS DEBRIS LEAVING THE LOT CLEANED AND RAKED.
C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE DAMAGE COMMERCIAL ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
AND B, THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH TRAVIS COUNTY DEED.
RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
MR. JAR, CAN YOU STATE YOUR NAME AND YOU? GOOD EVENING.
I'M THE CONTRACTOR HIRED TO REPRESENT THE OWNER IN THE SITUATION.
UM, AS OFFICER HERE CLEARLY STATED THAT WE HAVE ACTIVELY TRYING TO PULL PERMITS ON THE DEMO OF THIS BUILDING.
UM, SURPRISINGLY TO ME THEY ARE, THEY HAVE ASKED US TO GO BACK AND PULL A COMMERCIAL PERMIT, COMMERCIAL DEMO PERMIT ON THE SLOT THAT HAS ZONED SF THREE, WHICH IS A SINGLE FAMILY ZONING.
UM, IN MY EXPERIENCE, USUALLY THE PERMITTING PROCESS GOES IN ACCORDANCE WITH THE ZONING.
UM, WHEN ASKED FOR A REASON WHY THEY WOULD LIKE US TO GO THROUGH THE COMMERCIAL DEMOS, PERMITTING, WHICH IS TEDIOUS, HAS A BUNCH MORE EXTRA STEPS THAN THE RESIDENTIAL DEMO PERMIT DOES.
UM, IT WAS ALL I WAS TOLD TO US IS BECAUSE OF THE INTENDED USE OF A CLOCK TOWER REQUIRES THE COMMERCIAL PERMIT.
UH, THERE'S NO PLUMBING, THERE'S NO MECHANICAL SYSTEMS, THERE'S JUST THE ELECTRICAL, UH, BREAKER PANEL LIKE YOU GUYS SAW.
AND THE CLOCK MECHANISM, THE CONSTRUCTION OF THE CLOCK TOWER IS STANDARD CONSTRUCTION STUDS, UH, STONE BRICKS, STUCCO, PLASTER SHEET ROCK, THAT SORT OF STUFF.
UM, AND IS NOT BUILT OUT OF ANY COMMERCIAL GRADE, UM, MATERIALS.
UM, MY ASK IS THAT THE BUILDING DEPARTMENT AND THE PERMITTING DEPARTMENT LETS US FILE THIS DEMO PERMIT UNDER THE RESIDENTIAL GUIDELINES AND GIVES US, UH, 90 DAYS, UM, TO GET ALL OF THAT PERMITTING DONE.
I WOULD LIKE TO ADD THAT THE OWNER IS WILLING TO PAY FOR THE DEMOLITION AND CLEARING OF THE LAW AND BRING IT UP TO CODE.
UH, THEY'RE NOT ASKING FOR ANY ASSISTANCE FROM THE CITY OF AUSTIN FINANCIALLY.
WE'LL ADMIT EXHIBITS ONE TWO A THROUGH TWO H UNLESS THERE'S ANY OBJECTION FROM COMMISSIONERS.
HEARING NONE COMMISSIONERS QUESTIONS FOR MR. NAJA OR STAFF? JUST A QUESTION FOR THE STAFF.
I DON'T UNDERSTAND THE PERMITTING PART OF IT.
UM, IS THAT PART OF THIS COMMISSION'S PURVIEW? ANYTHING WE CAN DO THERE? NOT ANYTHING WE HAVE CONTROL OVER NOW.
ALAN WU, UH, DEVELOPMENT SERVICES? I'M, UH, DEPUTY, UH, DEPUTY BUILDING OFFICIAL AND ALSO THE SUPERVISING ENGINEER WITH THE STRUCTURAL REVIEW DEPARTMENT.
I DON'T HAVE A A CLEAR ANSWER AS FAR AS WHY IT'S PUSHED TO COMMERCIAL OR IF IT WOULD LIE ON RESIDENTIAL.
UM, BUT, UH, I'LL DEFINITELY BE IN CONTACT WITH YOU ON THIS ONE.
UM, TYPICALLY ON A DEMO PERMIT, IT'S IN LINE AS FAR AS RESIDENTIAL AND COMMERCIAL.
IT DOESN'T MATTER WHICH LANE YOU GO TO.
UM, YOU STILL NEED TO DEMONSTRATE, UH, UTILITIES, CAPPING UTILITIES AND ASBESTOS.
[03:00:02]
SO, YOU KNOW, THE REQUIREMENTS FOR THE DEMO IS NOT ANY DIFFERENT EITHER, LANE YOU GO.SO, UH, THERE'S NO BENEFIT GOING EITHER WAY.
SO, UH, THERE MAY HAVE BEEN SOME CONFUSION AS FAR AS THE INFORMATION YOU WERE GIVEN.
MY ONLY THING THAT THE BIGGEST FACTOR WE WANNA STAY AWAY FROM THE COMMERCIAL PERMITTING DIRECTION PATH IS THAT, UM, THE COMMERCIAL PERMIT REQUIRES A SITE PLAN TO BE SUBMITTED ON THIS.
UM, WE DON'T PLAN TO BUILD ANYTHING NEW ON IT.
UM, I HAVE SINCE, AS UH, OFFICER BROUGHT UP, I DID FILE FOR A SITE PLAN EXEMPTION.
UH, THE REVIEW FEES ALONE ON THAT ARE $1,244, WHICH IS, UM, PRETTY CRAZY, UH, COMPARED TO THE RESIDENTIAL PERMITTING OF FEES.
UM, I, THAT SEEMS LIKE A HIGH DOLLAR AMOUNT TO PAY JUST FOR OUR SITE EXEMPTION TO GO INTO REVIEW.
UM, AND DOESN'T SEEM REALLY APPLICABLE TO THE TYPE OF PROPERTY IN QUESTION.
AND I DON'T THINK IT'S WITH THE COMMISSION TO MAKE THAT DECISION.
IT'S JUST OBTAINING PERMITS AND THAT'S GONNA BE AN ISSUE THAT WE'LL HAVE TO DISCUSS WITHIN DEVELOPMENT SERVICES.
I, I'VE BEEN TRYING TO OBTAIN PERMITS SINCE MARCH, END OF MARCH.
I THINK BELIEVE THE INCIDENT HAPPENED IN, UH, JANUARY OR LATE JANUARY OR SOMETHING, EARLY FEBRUARY.
UM, THAT'S WHEN I GOT INVOLVED WITH THE PROPERTY.
UM, BUT JUST TRYING TO HELP THE OWNER DO THIS CORRECT WAY, UM, AND LET YOU GUYS KNOW THAT WE'RE ACTIVELY TRYING TO TAKE CARE OF THE ISSUE AND NOT IGNORING ANY OF THE CODE VIOLATIONS THAT ARE OUTSTANDING.
DID YOU SAY YOU HAD A FENCE AROUND THE STRUCTURE? NOW? IS THAT CHAIN LINKED OFF FROM A SAFETY PERSPECTIVE? Y YES SIR.
RIGHT NOW THERE'S A TEMPORARY CONSTRUCTION FOREFOOT.
UM, I WOULD LIKE TO ADD A NOTE THAT THERE IS A LOT OF, UH, PEOPLE EXPERIENCING HOMELESSNESS IN THE AREA.
UM, THAT FENCE IS, IF, IF SOMEBODY WANTS TO TAKE IT DOWN, THEY WILL, THEY WILL TAKE IT DOWN.
UH, I COULD BUILD A CONCRETE WALL.
SOMEBODY WILL BUY A LADDER AND, AND HOP THE FENCE IF I DO THAT.
SO IT'S VERY HARD TO KEEP PEOPLE OUT WITH A TEMPORARY FENCE OF ANY SORT.
I WILL ADD THAT THE, UH, TEMPORARY FENCE WAS DAMAGED IN THE MOST RECENT STORM BY A LARGE LIMB FALLING ON IT ON THE NORTHEAST CORNER.
UM, BUT I'M SURE THEY'LL PAY ATTENTION TO THAT.
I'LL, I'D LIKE TO ALSO ADD, IF THERE IS CONSIDERATION TO GO BEYOND THE 45 DAYS, I WOULD SUGGEST THAT WE DO SOME MORE PERMANENT FENCING YEAH.
COMMISSIONERS, ANY QUESTIONS FOR THE OWNER OR THE STAFF OR REPRESENTATIVE? HEARING NONE.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SECONDED.
MAY I CLOSE THE PUBLIC HEARING? ALL FAVOR SAY AYE.
IS THERE A ANY QUESTIONS OR A MOTION TO BE HAD? OKIE DOKIE.
I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED.
UM, KEEPING A, B, AND C AND ON THE 91ST DAY OF COMPLIANCE IF IT HAS NOT BEEN ACHIEVED.
KEEPING THE ADDITIONAL COMMENTS BELOW, UM, WITH THE ADDITION OF PERMANENT FENCING, SIX FOOT PERMANENT FENCE CHAIN LINK FENCE.
IS THAT, HOW IS THAT TYPICAL? YEAH.
UM, THROUGH THE DURATION OF REPAIRS OR DEMOLITION FROM THE BEGINNING OF THE ORDER.
FROM THE BEGINNING OF THE ORDER.
MOTION MADE BY COMMISSIONER GARZA, SECONDED BY COMMISSIONER MUSGROVE.
ANY QUESTIONS, UM, JUST, UH, CLEAR ON THE MOTION.
UH, NO QUESTIONS, BUT JUST WANNA RECOMMEND IF YOU, IF THE OWNER DOES NOT ALREADY HAVE, UM, A CTN FILED WITH THE POLICE DEPARTMENT IN THE CITY, YOU'LL WANNA GET THAT IN PLACE ALONG WITH THE STRONGER RE REGARD REGARDING THE INCIDENT THAT HAD HAPPENED OR, UM, A COMMERCIAL TRESPASS NOTICE.
UM, SO JUST MAKE SURE THAT'S ON FILE SO THE POLICE ARE ABLE TO ENTER.
UM, IF THERE IS TRESPASSING ON THE PROPERTY, I CAN ASSIST,
[03:05:01]
I CAN ASSIST WITH THAT RIGHT AFTER THIS HEARING.ANY OTHER QUESTIONS? I GUESS I JUST WANNA MAKE SURE YOU UNDERSTAND WE, THE, THE, YOU UNDERSTOOD THAT WE DON'T HAVE ANY CONTROL OVER THE, THE PERMITTING STUFF YOU'RE GONNA HAVE TO WORK OUT.
A COPY OF THE MOTION ORDER WILL BE MAILED TO YOU AND OFFICER BRITT, THIS IS A VERY SINISTER PHOTO TWO H, THIS, THERE'S NO FEET IN THE SHOES, RIGHT?
THERE'S JUST A SHOE STICKING OUT OF IT.
THE SHOE IS A LITTLE SPOOKY THOUGH.
YOU GUYS DIDN'T CATCH THE HAND.
COMMISSIONERS, LET'S MOVE THROUGH SO WE CAN, THERE WAS A HAND IN ONE OF OUR PHOTOS, WE ARE ONTO ITEM NUMBER
[9. Discussion regarding the planning and drafting of the Annual Internal Review Report, which includes a statement of the Commission’s mission, actions taken to support that mission, and the Commission’s goals and objectives for the coming year.]
NINE, WHICH IS DISCUSSION REGARDING THE PLANNING AND DRAFTING OF THE ANNUAL INTERNAL REVIEW REPORT, WHICH INCLUDES A STATEMENT OF THE COMMISSION'S MISSION'S ACTIONS TAKEN TO SUPPORT THAT MISSION AND THE COMMISSION'S GOALS AND OBJECTIVES ON THE COMING YEAR IN DALLAS.UM, AS YOU KNOW, THE UH, ANNUAL INTERNAL REVIEW IS AUTHORED BY THE CHAIR.
IT MUST BE FILED WITH THE OFFICE OF THE CITY CLERK BY JULY 31ST.
UM, I HAVE, I HAVE, UM, I COMPILE THE DATA ALL THROUGHOUT THE YEAR AND I CAN MAKE THAT AVAILABLE TO YOU CHAIR, UH, WHATEVER YOU WANNA START LOOKING AT IT.
UM, THE ONLY OTHER THING THAT I WOULD SUGGEST IS THAT IF THERE ARE ANY OTHER NEW GOALS OR OBJECTIVES FOR THE YEAR, FOR THE COMING YEAR, NOT, YOU KNOW, NOT TO GO BACKWARD BUT TO GO FORWARD, UM, THAT'S SOMETHING THAT, YOU KNOW, YOU GUYS MIGHT THINK ABOUT ALSO, WE CAN PROBABLY THROW SOME IDEAS AROUND AT THE UPCOMING RETREAT.
CAN YOU GET US ALL A COPY OF THE, WHAT THE CURRENT GOALS AND OBJECTIVES ARE OF THE COMMISSION? I WILL, I REMEMBER WE DID THAT LAST YEAR.
I DON'T RECALL WHAT WAS ON THE LIST, BUT, UM, YOU KNOW, WE, UM, AGAIN, WE'VE JUST, YOU KNOW, WE COMPILE THE INFORMATION LIKE HOW MANY TIMES THE, THE COMMISSION HAS MET OVER THE YEAR, YOU KNOW, HOW MANY, UH, REPAIR ORDERS WERE ISSUED, HOW MANY DEMOLITION ORDERS WERE ISSUED, UM, HOW MANY PROPERTIES WERE REGISTERED WITH THE REPEAT OFFENDER PROGRAM, ET CETERA, ET CETERA.
UM, YOU KNOW, AGAIN, IF THERE'S SOME METRIC THAT YOU WANT TO START TRACKING, UM, YOU JUST GOTTA, YOU KNOW, LET US KNOW ABOUT THAT AND WE CAN KIND OF TRY TO FIGURE THAT OUT.
AFTER YOU, I ACTUALLY, UM, SOMETHING THAT HAS BEEN BROUGHT TO OUR ATTENTION A LOT AND I WE GOT TO MEET MR. MATA TODAY WAS HOW MANY OF THESE, UM, MAYBE OWNERS OR CURRENT RESIDENTS HAVE SOCIAL SERVICES INVOLVED? I THINK WE'VE TALKED A LITTLE BIT ABOUT THAT AS A FLOW CHART ITEM, RIGHT? WHEN SOMETHING RAISES TO THE LEVEL OF THERE IS SOME COMPONENTS IN'T THERE TO LIKE THE GENTLEMAN WE HAD TONIGHT NEEDING SOME THE SOCIAL WORK GETTING ENGAGED.
AND I, I GUESS I'D LOVE TO HEAR WHEN WE ISSUE A DEMOLITION ORDER, HOW OFTEN DOES THE OWNER ACTUALLY GET IT DONE? HOW OFTEN DO YOU HAVE TO GO DEAL WITH IT? WELL, OKAY AND I GOT, I I GOT ONE MORE.
UH, THIS IS SOMETHING I TALKED ABOUT BEFORE AND I, I CAN'T REMEMBER WHERE WE, WHERE WHERE WE KIND OF ENDED UP ON IT IF WE HAD TO ASK COUNCIL OR SOMEONE ELSE TO DO IT.
BUT I KNOW WE HAVE THE REPEAT OFFENDER PROGRAM FOR PARTICULAR PROPERTIES.
I WOULD LOVE TO SEE SOME DATA IF WE'RE SEEING THE SAME COMPANIES OR THE SAME OWNERS OF THOSE COMPANIES HERE A BUNCH.
UM, JUST 'CAUSE I THINK SOMETIMES BY FOCUSING ON THE PROPERTY ITSELF, WE'RE MISSING A LITTLE BIT OF OUR DETERRENCE, YOU KNOW, EFFECTIVENESS BY, UH, JUST LOOKING AT THE PROPERTY.
NOT THAT IT'S, YOU KNOW, JUST 'CAUSE THEY HAD,
[03:10:01]
YOU KNOW, ONE COMPANY IS A BAD COMPANY AND ONE PROPERTY DOESN'T MEAN WE'RE GONNA BE MEANER ON 'EM, BUT WE MIGHT SEE A FEW COMPANIES THAT HAVE A LOT OF BAD PROPERTIES AND JUST SO, UH, YOU KNOW, NOT JUST REPEAT OFFENDERS IN TERMS OF THE ACTUAL PROPERTY ITSELF, BUT, UM, REPEAT OFFENDERS FOR COMPANIES THAT, OR, OR OWNERS THAT WE SEE HERE A LOT.AND HOW FAST CAN YOU HIDE BEHIND AN LLC? EXACTLY.
AND A LOT OF THESE, AND YEAH, I'VE, I'VE EXPRESSED THIS BEFORE.
A LOT OF THESE, ESPECIALLY THE COMMERCIAL PROPERTIES THAT ARE MULTIFAMILY, IT'S JUST LIKE ONE LARGER REAL ESTATE COMPANY THAT HAS A SHELL LLC JUST FOR THAT PROPERTY.
IT'S KIND OF COMMON PRACTICE NOW.
SO I DUNNO HOW FAR UP YOU CAN GUYS GO, COME UP THE CHAIN, BUT I'D BE REALLY CURIOUS TO SEE THAT KIND OF DATA.
UM, YOU KNOW, QUITE FRANKLY, THAT'S A LITTLE BIT OF A HOBBY OF MINE.
'CAUSE I END UP, YOU KNOW, I HAVE TO, I HAVE TO SEND NOTICES SO, YOU KNOW, IF IT'S A, IF IT'S AN LLC AND THE, UH, YOU KNOW, THE GENERAL PARTNER MIGHT BE, UH, AN LP OR AN LLP OR SOMETHING LIKE THAT, IT, YOU KNOW, I NOTICE HOW IT KIND OF GOES UP AND UP AND UP.
NO, IF I'M NOT MISTAKEN, I DON'T THINK WE'VE HAD A LOT OF RPS.
IT JUST SEEMED FOR A WHILE THERE, THERE WERE LIKE, I'M NOT, I'M NOT
I THINK IN GENERAL, I'D BE INTERESTED IN, UM, WHATEVER ENFORCEMENT DATA YOU WANNA SHARE WITH US AS FAR AS LIKE AFTER THE ORDER WE'VE, WE'VE SET PENALTIES.
ARE WE COLLECTING THE PENALTIES OR IS THAT NOT REALLY, YOU KNOW, WHAT IS ACTUALLY HAPPENING AFTER THE ORDER? GET TO THE NUMBER? PENALTIES.
PENALTIES WE'VE COLLECTED FOR YEAR.
OH, WE MIGHT, WE MIGHT CHANGE OUR, OUR, UH, PENALTIES.
IS IT, ARE THEY ENOUGH? ESPECIALLY NOT COLLECTING, WHEN WE'RE ISSUING THESE LARGE COMMERCIAL PENALTIES.
CHAIR, WE'VE GOT FIVE MINUTES LEFT.
IF WE COULD MAYBE GET A, A MOTION.
BECAUSE WE STILL GOT FUTURE AGENDA ITEMS, SO.
DO WE HAVE ANY, I'M KEEPING AN EYE ON IT.
[FUTURE AGENDA ITEMS]
PREP CONVERSATION, BUT IT'S GOOD.I WANNA LET THIS KNOW, DO YOU HAVE ANY FUTURE ITEMS FOR, UM, ONLY THE JUNE RETREAT, BUT, UM, YOUR, SORRY, YOUR NEXT MEETING IS JUNE 24TH, IF I'M NOT MISTAKEN, ON JUNE 11TH AS OUR NEWEST COMMISSIONER.
SO, UM, AGAIN, THAT'S, THAT'S GOING TO BE HERE IN THIS BUILDING ON THE FOURTH FLOOR.
I WANNA SAY WE HAVE, UH, THE, IT LATE AFTERNOON EARMARKED 12.
I THINK WE TALKED ABOUT SENDING A CALENDAR REMINDER.
UM, YOU KNOW, MELANIE'S NOT HERE TODAY, BUT, UH, SHE'S ON VACATION, BUT, UH, WE CAN GET THAT DONE.
MELANIE AND I TALKED TO MELANIE.
I'M GONNA BE ATTENDING REMOTELY, BUT YEAH, I'LL BE PARTICIPATING THROUGH THAT.
IS THERE A MOTION TO ADJOURN? I MOVE.