[00:00:02]
TO, AND I CALLED TO ORDER THE BUILDING AND STANDARDS COMMISSION MEETING FOR MAY 27TH, 2026.
[CALL TO ORDER ]
LET THE RECORD REFLECT IT'S 6 31.I AM THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
THIS TIME I'LL CALL THE ROLE AND ASK FOR COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
A QUICK REMINDER TO OUR COMMISSIONER REMOTING IN, PLEASE TURN ON YOUR CAMERA AND KEEP IT ON AT ALL TIMES TO MAINTAIN QUORUM.
BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON THE ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETIVE SERVICES.
TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR FIVE ON THE POST FIVE ITEMS POSTED ON THE 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 IT'S DEEMED APPROPRIATE.
ALL ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.
ANALYST JAMES CON WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY THE TESTIMONY.
JAMES AUSTIN DEVELOPMENT STAFF SERVICES WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED.
THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD TO THE TAKE THE SEAT NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTING IN, UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AT WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO.
THE OWNER REPRESENTATIVE WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY.
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE OWNER OR THE REPRESENTATIVE WILL BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE.
THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER OR THE REPRESENTATIVE WITNESS ABOUT THEIR TESTIMONY.
WHEN THE TIME INDICATOR, WHEN THE TIME IN TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU'LL FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WILL OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
UH, JAMES CONEZ FOR THE FOR AUSTIN DEVELOPMENT SERVICES AND I'LL BE YOUR TIMEKEEPER.
AFTER THE OWNER OR REPRESENTATIVE OF THE CITY HAVE PRESENTED THE 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.
THE COMMISSION WILL GIVE THE PROPERTY OWNER, REPRESENTATIVES OR THE APPELLANT THREE MINUTES TO SUMMARIZE THE CHAIR'S DISCRETION.
THE CITY MAY BE PERMITTED TO PRESENT A REBUTTAL AFTER THE SUMMATION.
AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT AND A COPY OF THAT DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED, WITNESSES ARE REQUIRED TO TESTIFY UNDER OATH.
ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
[PUBLIC COMMUNICATION: GENERAL ]
WILL BEGIN WITH OUR PUBLIC COMMUNICATION AND YOUR NAME IS CALLED, LIKE I SAID, PLEASE COME TO THE FRONT AND HAVE A SEAT.MR. CHAPMAN, PLEASE STATE YOUR NAME AND YOUR ADDRESS.
UH, MY NAME'S KYLE CHAPMAN AND MY ADDRESS IS 6 6 0 9 BRANCHWOOD
[00:05:01]
DRIVE.UM, YOU MAY REMEMBER ME FROM LAST MONTH IN RELATION TO THE ONGOING CASE AT 6,700 BRANCHWOOD.
I LIVE ACROSS FROM THIS PROPERTY AND HAVE BEEN CORRESPONDING WITH BOTH CITY COUNCIL AND THE CODE COMPLIANCE TEAM SINCE NOVEMBER OF TWO, UH, TWO, 2024.
IN AN EFFORT TO SEE OUR NEIGHBORHOOD RETURN TO SAFETY, WE'VE HAD TO LIVE WITH THIS THREAT TO OUR SAFETY FOR YEARS.
MUCH WAS REVEALED AND DISCUSSED DURING THE INITIAL HEARING LAST MONTH ON MAY 27TH.
JUST A FEW OF THE FINDINGS WERE HUMAN WASTE IN BUCKETS ON THE EXTERIOR OF THE PROPERTY, LIVE AND OPEN ELECTRICAL WIRING, POSING IMMEDIATE THREAT TO LIFE AND SAFETY, MULTIPLE EGRESS ISSUES WITHIN THE STRUCTURE, SEVERE UNSANITARY CONDITIONS INSIDE THE HOME, OPEN WIRING LOCATED RIGHT NEXT TO A GAS LINE, AND DILAPIDATED SIDING ALL OVER THE STRUCTURE.
WHEN ASKED TO CONFIRM THAT THE PROPERTY IS UNFIT FOR HUMAN HABITATION CODE SUPERVISOR JOSEPH LUCAS RESPONDED, QUOTE, IN MY OPINION, YES, IT'S UNSAFE, VERY UNSAFE FOR ANYBODY TO BE THERE AND QUOTE, THIS ONLY HIGHLIGHTS CODE COMPLIANCE'S PRESENTATION.
IT DOESN'T EVEN FACTOR IN THE ONE OVER 150 EMERGENCY CALLS THIS PROPERTY RECEIVED IN THE COURSE OF JUST ONE YEAR.
WITH ALL DUE RESPECT, THE REPAIR ORDER ISSUED DURING THE LAST MEETING TRULY FELT LIKE A DEVASTATING BLOW TO OUR NEIGHBORHOOD.
IT'S ENTIRELY UNREASONABLE THAT WE EXPECT VOLUNTARY COMPLIANCE TO MIRACULOUSLY OCCUR WHEN ATTEMPT AFTER ATTEMPT IS FAILED SINCE NOVEMBER OF 2024.
IN FACT, GARLAND, THE OCCUPANT, WHO MAY OR MAY NOT HAVE OWNERSHIP INTERESTS WAS SUMMONED TO COURT LAST YEAR.
HE FAILED TO APPEAR AND A WARRANT WAS ISSUED FOR HIS ARREST.
EVEN THE PROSPECT OF JAIL TIME HAS FAILED TO PRODUCE ONE IOTA OF VOLUNTARY ACTION.
THERE'S BEEN ZERO WORK DONE TO THIS PROPERTY SINCE THE ORDER WAS PLACED.
IN FACT, CONDITIONS HAVE CONTINUED TO WORSEN.
WE AS A NEIGHBORHOOD CAN'T TOLERATE OUR SAFETY BEING THREATENED DAY AFTER DAY, MONTH AFTER MONTH AND YEAR AFTER YEAR.
THE FACT IS THIS AND NOTHING LESS SOMEONE'S GONNA DIE AT THIS PROPERTY.
WHETHER IT'S DUE TO FIRE, ELECTRICAL SHOCK, ASSAULT, OR OVERDOSE, THIS PROPERTY IS A TICKING TIME BOMB THAT CAN'T BE IGNORED, POSTPONED, OR EVADED.
WE AS A NEIGHBORHOOD IMPLORE THIS COMMISSION TO ACT NOT IN THE INTEREST OF LOGISTICAL CONCERNS, BUT IN THE INTEREST OF PUBLIC SAFETY.
THE FACTS IN THIS CASE ARE CRYSTAL CLEAR BASED ON THE FINDINGS PRESENTED BY CITY STAFF, WE FEEL THE VACATE AND SECURE ORDER IS ABSOLUTELY JUSTIFIED UNDER CHAPTER TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE.
UM, PLEASE HELP US OUT AND DO THE RIGHT THING HERE.
I RESIDE AT 2 3 2 9 BEND RIDGE TRAIL.
THIS IS AT THE INTERSECTION OF BRANCHWOOD AND BEND RIDGE TRAIL, A CORNER LOT.
MY BACKYARD FENCE LINE MEETS THE PROPERTY OF THIS 6,700 BRANCHWOOD THAT THIS IS WHAT WE'RE DISCUSSING TODAY.
AND I HAVE, UH, LIVED AT THIS CURRENT ADDRESS FOR JUST OVER 20 YEARS.
WHEN I FIRST PURCHASED MY PROPERTY, THIS BEHAVIOR WAS WE WERE EXPERIENCING NOW WAS NOT OCCURRING SO SLOWLY.
OVER THE COURSE OF 12 TO 15 YEARS, EVERYTHING HAS CHANGED MY EXPERIENCES THAT I'M CURRENTLY DEALING WITH WEEKLY.
IF NOT EVERY DAY HAS CHANGED MY QUALITY OF LIFE.
I NOW HAVE TO WATCH MY BACKYARD CAREFULLY.
AS MANY TIMES I HAVE TRASH OR DEBRIS THROWN INTO MY PROPERTY OVER MY FENCE, OR HAVE ITEMS STRETCHED ACROSS THE BACK, FENCE, LINE, CLOTHING, TARPS, TOWELS, ET CETERA.
I DEAL WITH DEBRIS ALONG MY FENCE LINE AND OFTEN FIND DEBRIS OF OR PEOPLE IN MY, UH, BRANCHWOOD DRIVEWAY.
THIS IS ONGOING WITH A DRUG USE OCCURRING AT THE BRANCHWOOD PROPERTY.
I HAVE FOUND ON MANY OCCURRENCES, LOADED DRUG NEEDLES AT MY FRONT DOOR DUE TO PEOPLE KNOCKING ON MY FRONT DOOR OR ASKING TO USE MY PHONE AT VERY ODD HOURS OF THE DAY OR NIGHT, I HAVE KNOCKING ON MY DOOR AT ALL TIMES OF THE DAY OR NIGHT THAT I DON'T EVEN ANSWER.
I'VE BEEN BROKEN INTO BOTH INSIDE MY HOME AND MY BACKYARD WITH DOCUMENTED THEFT OCCURRING WITH NO RESOLVE.
NEFARIOUS PEOPLE ARE HANGING OUT AT THE BRANCHWOOD PROPERTY.
[00:10:01]
AUSTIN IS SUPPOSED TO BE.THE TRASH, THE PEOPLE THAT DON'T LIVE THERE, THE DRUGS, THE ADDITIONAL TRAFFIC THAT DRUGS AND BREAK-INS BRING ARE VERY CONCERNING TO ME.
THIS IS NOW PART OF WHAT MY LIFE IS AT 2 3 2 9 BEND RIDGE TRAIL.
I'M HERE TO CLAIM MY PEACE AS A CITIZEN OF THIS COMMUNITY.
I WANT TO LIVE IN PEACE AND NOT TO HAVE TO LOOK OVER MY SHOULDER EVERY TIME I WALK OUTSIDE MY HOME.
THERE ARE MORE ISSUES I'D LIKE TO BRING UP, BUT MY TIME IS LIMITED HERE.
UH, THANK YOU FOR YOUR TIME AND CONCERN.
THANK YOU, MR. STEPHANIE SERRANO.
I LIVE AT 67 0 2 BRANCHWOOD DRIVE ON THE CORNER, UM, AND I'M THE NEIGHBOR OF 6,700 BRANCHWOOD DRIVE.
AT OUR LAST MEETING, WE WERE ASKED TO BE PATIENT AND TRUST THE PROCESS THAT MAY OR MAY NOT RESOLVE A SITUATION THAT HAS BECOME A SERIOUS SAFETY CONCERN FOR OUR NEIGHBORHOOD.
MY FAMILY AND I HAVE LIVED NEXT TO THIS PROPERTY FOR NEARLY A DECADE.
FOR YEARS, WE HOPED CONDITIONS WOULD IMPROVE ON THEIR OWN.
WHEN WE FINALLY FOUND THIS COURAGE TO SPEAK UP AND SEEK HELP, IT FELT AS THOUGH OUR CONCERNS WERE ACKNOWLEDGED, BUT NO MEANINGFUL ACTION FOLLOWED.
SINCE OUR LAST APPEARANCE, THERE HAVE BEEN MULTIPLE POLICE RE RESPONSE IN THE AREA INVOLVING BURGLARY REPORTS, ASSAULTS AND ONGOING DISTURBANCES.
WE CONTINUE TO ENDURE NIGHTS FILLED WITH YELLING, SCREAMING, AND DISORDER.
TRASH HAS ONCE AGAIN ACCUMULATED IN THE STREET ALONG THE SIDE OF THE PROPERTY, MUCH OF WHICH EVENTUALLY ENDS UP IN OUR YARD.
UNATTENDED DOGS REGULARLY TEAR THROUGH THE GARBAGE SCATTERS DEBRIS ONTO THE NEIGHBOR PROPERTY AND LEAVE WASTE IN OUR YARD.
WE HAVE ALSO EXPERIENCED INDIVIDUALS ASSOCIATED WITH THE PROPERTY COMING ONTO OUR PORCH AND TAKING DRINKS FROM AN ICE CHEST THAT BELONGED TO US.
THIS RESULTED IN POLICE REPORT AND A FORMAL CRIMINAL TRESPASS WARNING.
NOW THAT SUMMER HAS ARRIVED, THE SITUATION HAS BECOME EVEN MORE DIFFICULT.
THE SMELL OF URINE AND FECES IS SO STRONG THAT OPENING OUR FRONT DOOR CAN BE UNPLEASANT.
MANY NEIGHBORS HAVE EXPRESSED THEIR CONCERNS, BUT UNLIKE THEM, WE LIVE DIRECTLY BESIDE THE PROPERTY AND EXPERIENCE THESE CONDITIONS.
WE WERE TOLD THAT THE SHED IN THE BACKYARD WOULD BE REMOVED IMMEDIATELY.
TO DATE, THAT HAS NOT HAPPENED.
I RESPECTFULLY ASK EACH MEMBER OF THE COMMISSION TO PUT YOURSELF IN OUR POSITION.
IMAGINE WAKING UP EVERY DAY AND RETURNING HOME EVERY EVENING TO CONSTANT DISORDER, NOISE AND UNCERTAINTY.
IMAGINE BEING UNABLE TO ENJOY YOUR OWN PROPERTY BECAUSE OF THE OVERWHELMING ODOR, ACCUMULATED TRASH AND ONGOING DISTURBANCES.
IMAGINE FEELING UNSAFE ENOUGH THAT YOU TAKE PRECAUTIONS YOU NEVER THOUGHT WOULD BE NECESSARY SIMPLY TO PROTECT YOUR FAMILY AND YOUR HOME.
WE'RE NOT ASKING FOR SPECIAL TREATMENT.
WE'RE ASKING FOR A SAFE, CLEAN, AND LIVABLE NEIGHBORHOOD.
WE HAVE FOLLOWED THE PROPER CHANNELS.
WE ARE SIMPLY ASKING FOR MEANINGFUL ACTION BEFORE CONDITIONS DETERIORATE.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
AT THIS TIME, WE'LL MOVE TO THE
[APPROVAL OF MINUTES ]
REVIEWING THE MINUTES FROM THE MAY 27TH, 2026 MEETING, PLEASE REVIEW THE MINUTES AND I'LL ENTERTAIN A MOTION TO APPROVE.FOR THE COMMISSIONER RIVERA, DO AVO VOICE VOTE? ALL IN FAVOR SAY AYE.
[00:15:01]
THANK YOU COMMISSIONERS.TO THE FOLKS THAT JUST SPOKE AT THE END, WE, THERE'S AN OPPORTUNITY FOR COMMISSIONERS TO ASK QUESTIONS OF, HAVE GENERAL CONVERSATION.
WHEN YOUR CASE IS CALLED, PLEASE MOVE TO THE PODIUM SO YOU'LL BE READY.
WHEN THE CITY FINISHES ITS PRESENTATION, JAMES WILL BE PROCEED CALLING OUR CASES.
DO YOU WANNA START WITH NUMBER TWO? I DON'T SEE ANY REASON NOT TO.
IS THAT, IS THERE ANY OTHER CONFLICTS?
[2. Case Number: CL 2026-067812]
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2 0 2 6 6 7 8 2 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 3 0 2 ACROPOLIS COURT.THE EXHIBITS CAN BE FOUND IN THE NAVY BLUE BOOKS IN YOUR READERS AND THE GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS REGARDING A RESIDENTIAL PROPERTY THAT IS UNOCCUPIED IN IS NOT HOMESTEADED.
THE CASE WAS OPENED IN DECEMBER, 2023 AS THE RESULT OF A COMPLAINT.
THE STRUCTURE IS CONSIDERED AN ATTRACTIVE NUISANCE AND IS SUBSTANDARD AND UNSAFE AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBIT TWO A THROUGH 2K, AND THE RECOMMENDED ORDER CODE SUPERVISOR DAVID DOWNING, IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
I AM, UH, CODE SUPERVISOR DAVID DOWNING.
THANK YOU FOR HEARING THIS CASE.
43 0 2 ACROPOLIS COURT IS A SINGLE FAMILY HOME IN A NEIGHBORHOOD NORTH OF DUVAL ROAD AND EAST OF HIGHWAY 180 3.
THE CURRENT VIOLATION CASE BEGAN IN 2023.
OUR DATABASE SHOWS 13 CODE COMPLAINTS AND TWO PREVIOUS CITATIONS FOR THIS HOME WHILE OWNED BY THE CURRENT OWNER.
THE INITIAL INSPECTION IN 2023 FOUND A VACANT STRUCTURE WITH GRAFFITI AND RUBBISH.
THE HOUSE HAS REMAINED VACANT AND INCOMPLETE.
CODE STAFF HAVE COMMUNICATED WITH THE OWNER ON SEVERAL OCCASIONS AND THE GRASS IS BEING MAINTAINED, EXCUSE ME.
PERMITS FOR THE PROJECT ARE IN PLACE.
HOWEVER, THE PROPERTY REMAINS NON-COMPLIANT.
PHOTOS TWO A THROUGH 2K ARE RECENT FROM THE SITE.
SO TWO A, THIS IS THE STREET VIEW FROM ACROPOLIS CIRCLE.
TWO B UM, INCOMPLETE CONSTRUCTION AND DETERIORATION ARE VISIBLE AT THE REAR OF THE HOME.
TWO C AT THE REAR OF THE PROPERTY, THERE IS RUBBISH VISIBLE FROM OCCUPIED HOMES AT EITHER SIDE.
IN THE BACKGROUND OF THE PHOTO, YOU CAN SEE A MULTI-FAMILY COMPLEX THAT'S OCCUPIED LOOKING INTO THIS BACKYARD, AND THE PHOTOS IS TAKEN FROM ANOTHER MULTI-FAMILY COMPLEX ON THE OTHER SIDE.
AND THEN TRAIN TRACKS RUN BEHIND THE HOUSE AS IT SITS IN THIS, UM, CUL-DE-SAC COURT 2D.
UM, ABOVE THE PHOTO, WE JUST SAW DETERIORATION FROM WEATHER EXPOSURE IS VISIBLE AND THE THE COMB CURRENTLY HAS A METAL ROOF.
UM, BUT IT SAT FOR YEARS WITH ONLY TAR PAPER COVERING THE STRUCTURE.
THE CONSTRUCTION OF THE SITE GOES BACK TO 2018 AND IT'S REMAINED INCOMPLETE THROUGH THIS TIME.
SO TWO E'S STILL AT THE BACK OF THE PROPERTY.
GRAFFITI AND RUBBISH ARE VISIBLE.
UH, AGAIN, THIS IS NOT CONSTRUCTION DEBRIS.
SO THIS IS MORE DEBRIS AT THE BACK OF THE HOUSE AND THERE'S THE SORT OF VEGETATIVE BARRIER, AND THEN THE TRAIN TRACKS BEYOND THIS.
UM, AGAIN, THIS IS NOT CONSTRUCTION DEBRIS, IT'S, IT, IT'S OBVIOUS FROM INSPECTIONS OVER TIME THAT THE HOUSE INVITES NUISANCE
[00:20:01]
ILLEGAL DUMPING.UM, RUBBISH GRAFFITI THAT WE SEE HERE GO ONTO TWO G.
SO THIS IS RUBBISH ALONG THE HOUSE.
UM, IT GOES UNDERNEATH THE PUR BEAM STRUCTURE, AND THIS IS THE VIEW FROM THE MULTIFAMILY STRUCTURE YOU SAW AT THE BACKGROUND OF THE EARLIER PHOTO.
UM, AGAIN, WE DON'T KNOW IF THIS IS STORED MATERIAL OR ILLEGAL DUMPING, WHERE THE RUBBISH COMES FROM.
THERE'S STANDING WATER FILTH INVITATION, HARBRIDGE FOR VERMIN AND RODENT.
UM, TWO H HERE WE SEE AT THE TOP LEFT CORNER OF THE PHOTO, THERE'S THE BOARDED WINDOW, UM, GRAFFITI ON THE STRUCTURE THAT'S BEEN DOCUMENTED FOR YEARS IN THIS CASE NOW.
AND THEN MORE, YOU KNOW, EITHER RUBBISH OR ACCUMULATED DEBRIS FROM LEGAL DUMPING THE BLACK IMAGE UNDERNEATH THE HOUSE.
THAT'S A TELEVISION, SO WE DON'T KNOW IF SOMEONE DUMPED IT THERE OR IF SOMEONE WAS TRYING TO OCCUPY UNDERNEATH THE PURE BEAM AT SOME POINT.
THE NEXT PHOTO, THIS IS MORE OF THE GRAFFITI AND BOARDED WINDOWS AT THE HOUSE.
WHEN THE CASE BEGAN, IT WAS A NEW STRUCTURE WITH NEW WINDOWS, BUT OVER TIME IT'S, IT'S BEEN BOARDED UP AND JUST ACCUMULATED MORE GRAFFITI AND RUBBISH.
THIS IS THE FRONT PORCH OF THE HOME.
THIS IS, AGAIN, LOOKING BACK FROM THE FIRST PHOTO, THE STREET VIEW.
THIS, THIS IS WHAT YOU SEE AS YOU COME ALONG THE PUBLIC STREET FRONT PORCH.
UM, THE FRONT DOOR IS SECURE, SEEMS TO BE BOARDED FROM THE INSIDE, UM, BUT GRAFFITI ACCUMULATED AND ALL THE POSTINGS.
THERE ARE VARIOUS NOTICES WHERE WE'VE WORKED WITH THE OWNER, UM, FOR SOME TIME NOW.
THE YELLOW PLACARD FOR, UM, DANGEROUS CONDITIONS.
THIS IS THE CEILING ABOVE THAT SAME FRONT PORCH.
UM, SO THE CEILING HAS NO FINISH, SO VERMIN, RODENTS, BATS, UM, ALMOST ANYTHING COULD GET THROUGH THAT CEILING AND THEN LIVE IN THE ATTIC OR EVEN ACCESS THE INTERIOR SPACE OF THE HOME.
SO FOR THE REASONS DESCRIBED HERE AND FURTHER DESCRIPTIONS IN THE NOTICE OF VIOLATION, CODE STAFF ASKED FOR REPAIR ORDER SO THAT THE OWNER MAY COMPLETE THE PROJECT AND ESTABLISH A COMPLIANT RESIDENCE.
THE PROJECT HAS PERMITS FROM 2017 AND THEN ANOTHER SET OF PERMITS FROM 2021 AND CURRENTLY HAS PERMITS, UM, ISSUED IN 2026.
WE'D LIKE TO SEE THE PROJECT COMPLETE AND A COMPLIANT STRUCTURE THAT A FAMILY COULD LIVE IN, AND THAT THE ADJACENT PROPERTIES WOULD THEN HAVE A COMPLIANT NEIGHBOR AS WELL.
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 ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
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 INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION CATERED.
JOSEPH, GOOD EVENING COMMISSIONERS.
DO YOU HAVE ANY QUESTIONS FOR CITY STAFF BEFORE WE BEGIN? UH, I DO NOT HAVE ANY QUESTIONS.
MY NAME IS CATER JOSEPH, AND I'M THE PROPERTY OWNER AT 43 0 2 ACROPOLIS.
I WANT TO START BY SAYING I'M ACCOUNTABLE FOR THE SITUATION AND I APOLOGIZE.
IT HAS COME BEFORE THIS BOARD.
I'VE BEEN IN CONSTRUCTION IN AUSTIN FOR 20 YEARS AND I'VE NEVER HAD A PROPERTY OR
[00:25:01]
PROJECT COME BEFORE THE BOARD.I PLAN FOR THIS TO BE THE FIRST AND LAST TIME THIS PROJECT BEGAN IN 2017 WHEN I CHOSE TO RECYCLE AND RELOCATE A HOUSE FROM 1 0 7 EAST 31ST STREET TO 43 0 2 ACROPOLIS COURT.
I PULLED THE PERMITS, HIRED THE CONTRACTORS, ENGAGED THE CITY AT EVERY STEP.
AND WHAT FOLLOWED WAS YEARS OF PER PERMITTING COMPLEXITY THAT IS WELL DOCUMENTED IN CORRESPONDENCE WITH STAFF, THE CITY DETERMINED MID MID-PROCESS THAT THE HOUSE WAS EFFECTIVELY BUILT ON SITE AND REQUIRED A NEW CONSTRUCTION PERMIT PATHWAY RATHER THAN THE ORIGINAL RELOCATION PERMIT.
I WENT THROUGH MULTIPLE PLAN REVIEW CYCLES, REACTIVATIONS HOLDS AND CONFLICTING GUIDANCE FROM DIFFERENT REVIEWERS.
AT ONE POINT I WAS EVEN TOLD I NEEDED PERMITS THAT A DIFFERENT STAFF MEMBER LATER SAID, WERE UNNECESSARY AND WERE CANCELED AFTER I SPENT THOUSANDS OF DOLLARS ON THEM.
I WANT TO BE CLEAR, I'M NOT HERE TO MAKE EXCUSES OR PLACE BLAME WHEN THINGS GOT COMPLICATED AND I GOT PULLED IN OTHER DIRECTIONS BY OTHER PROJECTS, I LOST FOCUS ON THIS THAT IS ON ME AND I SHOULD AND I SHOULD HAVE STAYED THE COURSE AND REGARDLESS OF THE OBSTACLES AND COMPLETED THE PROJECT.
AS OF THIS AFTERNOON, WE FINAL A PLUMBING PERMIT.
THAT WAS NOT ONE OF THE ONES THAT WAS MENTIONED.
BUT THE SIGNIFICANCE OF THAT IS THAT WE ARE, WE ARE BACK ON IT.
UH, TOMORROW WE HAVE A BUILDING LAYOUT INSPECTION SCHEDULED FOR PERMIT 20 17 1 5 0 2 6 2.
AND ONCE THAT LAYOUT CLEARS, WE'LL GET MEP THROUGH THROUGH THE BUILDING.
AND, UH, AND IN ADDITION TO THAT, SEEING THOSE PICTURES OF THE DEBRIS, I'LL MAKE SURE THAT THAT'S CLEANED UP PROMPTLY.
AND, UH, IN ADDITION TO GETTING THE PROJECT RESTARTED, UH, THE WINDOWS ARE BOARDED UP BECAUSE AT ONE POINT OR ANOTHER WE RECEIVED A VIOLATION BECAUSE SOME WINDOWS HAD BROKEN AND WE WERE TOLD TO BOARD IT UP.
SO WE BOARDED EVERYTHING UP AND WE'RE WE, WE MAINTAINED THE LAWN.
ANYTIME THERE'S BEEN ILLEGAL DUMPING THAT'S MORE EXCESSIVE.
WE'VE ALWAYS GONE OUT THERE AND PUT A DUMPSTER ON IT AND CLEANED IT UP.
BUT I UNDERSTAND IT'S A NEIGHBORHOOD AND THE HOUSE NEEDS TO BE COMPLETED.
BUT AT THIS TIME, WE HAVE ACTIVE PERMITS, ACTIVE CONTRACTOR, AND A CLEAR SEQUENCE PLAN TO TAKE THIS PROPERTY FROM ITS CURRENT STATE, FRAMED AND DRIED IN THROUGH COMPLETION.
WE'RE ASKING THE BOARD FOR 180 DAYS TO FINISH WHAT WE STARTED NEARLY A DECADE AGO AND GET HIS HOME INTO SERVICE AS ALWAYS INTENDED.
AND THE 45 DAYS THAT WAS MENTIONED IS NOT GONNA BE AN, THE HOUSE INTERIOR IS JUST FRAMED.
SO THE 45 DAYS IS NOT GONNA BE ENOUGH, BUT WE CAN, WE CAN HAVE THE PROJECT, BUT WE'RE GONNA HAVE AN INSPECTION TOMORROW.
WE HAD AN INSPECTION TODAY, WE'LL GET MECHANICAL, ELECTRICAL, PLUMBING THROUGH THE HOUSE AND WE'LL GET WALLS CLOSED UP AND WE COULD PROBABLY HAVE WALLS CLOSED WITHIN 45 TO 60 DAYS, SOMEWHERE IN THERE.
BUT IF WE COULD GET 180 DAYS TO COMPLETE THE PROJECT, THAT WOULD BE MUCH APPRECIATED AND WOULD KEEP THE FINANCES WHERE THEY SHOULD BE GOING INTO FINISHING THIS HOUSE, NOT, NOT PAYING FINES.
AND I'M, I'M HAPPY TO ANSWER ANY QUESTIONS.
THAT'S, THAT'S ALL THAT I HAVE AND I APOLOGIZE THAT Y'ALL ARE SPENDING YOUR TIME ON THIS.
UH, THIS TIME, DOES THE CITY HAVE ANY ADDITIONAL QUESTIONS FOR MR. JOSEPH? NOT FOR THE PROPERTY HONOR.
SO YOU HAVE AN OPPORTUNITY HERE TO KIND OF SUMMARIZE WHAT YOU PRESENTED TONIGHT IF YOU'D LIKE, AND THEN WHAT YOU'RE GONNA SPECIFICALLY ASK THIS, SUMMARIZE THE SITUATION.
SO WE'RE HERE TONIGHT BECAUSE THIS PROPERTY HAS BEEN SITTING AND HAS NOT BEEN ACTIVE IN CONSTRUCTION.
IT'S HAD PERMITS UP AND DOWN AND ROUND AND ROUND.
AND THEY WERE RECENTLY REACTIVATED.
AND SO WE ARE BACK, BACK ON IT.
WE'RE CLOSING OUT PERMITS AND WE ARE PROCEEDING WITH WORK.
WE'RE GONNA CLEAN UP ANY DEBRIS.
IT IS PRETTY MINIMAL, BUT WE ARE ABSOLUTELY GONNA CLEAN UP ANY DEBRIS THAT'S THERE AND, UH, AND RESTART WORK AND TRY TO GET THIS HOUSE OR GET THIS HOUSE INTO SERVICE AS QUICKLY AS POSSIBLE.
THE CITY, OUR CODE ENFORCEMENT SAID 45 DAYS AND THEN START INCURRING $250 A WEEK FINES.
AND I WOULD LIKE TO REQUEST THAT THAT BE 180 DAYS, UH, BECAUSE THERE'S NO WAY THAT WHAT NEEDS TO BE DONE IN THERE CAN BE DONE IN 45 DAYS.
UH, BUT IT, IT HAS MY FULL ATTENTION.
I APOLOGIZE FOR THE SITUATION AND, UH, I APPRECIATE Y'ALL'S TIME VERY MUCH.
[00:30:01]
UH, COMMISSIONERS, UNLESS THERE'S AN OBJECTION, I'LL ADMIT THE CITY'S EXHIBIT.EXHIBIT ONE, TWO A THROUGH 2K WHERE NO OWNER EXHIBITS, HEARING NONE, THE EXHIBITS ARE ADMITTED.
UH, COMMISSIONERS, ARE THERE ANY QUESTIONS FOR THE OWNER? PLEASE? UH, UM, SPENT SOME TIME FOR A FEW MINUTES ASKING QUESTIONS.
UH, I HAVE A QUICK QUESTION FOR STAFF.
WAS THERE AN ADMINISTRATIVE HEARING TWICE AT ADMINIS? TWICE AT AN ADMINISTRATIVE HEARING? UM, AND WERE THEY ATTENDED? IT WAS FOUND CULPABLE.
UM, IT WAS A TEN FIVE, TWENTY ONE RUBBISH ACCUMULATION TALL GRASS.
UH, COMMISSIONERS QUESTIONS OF THE OWNER.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
THERE'S A MOTION BY COMMISSIONER, UH, GRO TO CO CLOSE THE HEARING.
IS THERE A SECOND? SECOND COMMISSIONER? UH, BARR'S SECOND.
I, YES, WE DO A VOICE ON THAT? YEAH.
WE'LL DO A VOICE VOTE ON CLOSING THE HEARING.
WE WILL CLOSE THE PUBLIC HEARING.
WE'LL HAVE COMMISSIONERS, WE'LL HAVE CONVERSATION PLEASE SINCE YOUR PRESENTATION FINISHED.
KEEP YOUR CHAIR THERE FOR A MINUTE.
THERE MIGHT BE A QUESTION FROM THE COMMISSION FOR YOU.
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.
SECOND BY COMMISSIONER TOM LVI.
UH, I'M, AND THEN, AND FOR PURPOSES OF DISCUSSION, I'M, I'M INTERESTED IN, UH, AN AMENDMENT TO 90 DAYS.
UH, 'CAUSE I KNOW I THINK 180 IS OUTSIDE OF OUR STATUTORY ABILITY.
UM, UH, BUT I'D BE, YOU KNOW, IF THE COMMISSIONERS ARE WILLING, I'D, I'D BE WILLING TO ENTERTAIN A, A 90 DAY OR, OR SOMETHING LIKE THAT JUST 'CAUSE IF THERE'S A, IS A LOT OF INTERIOR WORK, I CAN UNDERSTAND HOW HE MEANS.
OF COURSE, IT IS IMPORTANT FOR THE PROPERTY OWNER TO KNOW I'M, I'M SORRY, I FORGOT YOUR NAME IN THIS MOMENT.
UH, BUT THAT, UH, ALL THE WORK THAT YOU DO, UH, ONCE IT'S COMPLETED WILL GET CREDITED AGAINST ANY FINES THAT HAVE ACCUMULATED.
SO I, I THINK THAT'S ALSO FAIR.
SO EVEN IF, UH, JUST FOR THE, THE, THE OWNER'S BENEFIT, EVEN IF THE FINES START ACCUMULATING, 'CAUSE IT'S A RESIDENTIAL PROPERTY, ANY MONEY THAT YOU SPEND, UM, CAN BE CREDITED AGAINST THOSE FINES.
AND SO IF IT ENDS UP BEING, YOU KNOW, JUST A FEW WEEKS LATER AFTER THIS ORDER, RIGHT.
ONLY A MAYBE A THOUSAND DOLLARS HAVE ACCUMULATED.
IF YOU SPENT MORE THAN A THOUSAND DOLLARS, NO.
JUST TO DAYS THERE'S, IN THE MATERIAL THAT YOU RECEIVED, THERE'S LOTS OF REQUIREMENTS, REQUIREMENTS OF ADDITIONAL MATERIAL NEEDED ON YOUR PART, WHICH WE DON'T HAVE TONIGHT.
SO 90 DAYS WOULD BE THE MOST, BUT GIVEN WHAT THE COMMISSIONERS POINTED OUT, DO YOU UNDERSTAND HOW THAT WORKS? UM, I'M SORRY, I COULDN'T QUITE HEAR YOU THERE.
SO ANY EXPENSES THAT, THAT YOU INCUR AT THE PROPERTY CAN BE CREDITED AGAINST THE FINES? YES, SIR.
WITH THAT IN MIND, I MEAN, IT'S, UH, WOULD YOU ACCEPT A FRIENDLY AMENDMENT OR WOULD YOU WANT TO JUST KEEP IT THE WAY IT IS THEN? UH, JUST TO ADD TO THAT DISCUSSION.
DO WE KNOW FOR SURE THAT 'CAUSE HE IS A GENERAL CONTRACTOR, DO WE KNOW FOR SURE HE DOESN'T HAVE THE, THE PAPERWORK NEEDED TO SCHEDULE ALL OF THE INFORMATION TO GET A 180 DAYS? OH, IN HERE SUBMITTED.
IT WOULD HAVE TO BE SUBMITTED BEFORE, PRIOR TO THE HEARING.
IS THERE ANY WAY THAT IT COULD BE POSTPONED AND I COULD PROVIDE THAT FOR NEXT MONTH AND I'D ALSO BE ABLE TO PROVIDE UPDATES.
I, I, I FEEL LIKE THE PROCESS IS IN PLACE, AND IF YOU'LL JUST FOLLOW THE PROCESS AND DEMONSTRATE TO THE CODE OFFICIALS THAT YOU'VE SPENT MONEY, ONCE YOUR FINES BEGIN TO ACCRUE, THEN THERE'LL, THERE'S A, THERE'S AN OFFSET.
SO CERTAINLY YOU'RE GONNA SPEND MORE THAN A COUPLE THOUSAND DOLLARS ON THIS PLACE.
SO AT TWO 50 A WEEK, THAT GIVES YOU A LOT OF TIME.
[00:35:01]
90 DAYS, I WOULD GREATLY, I I NO, I, I SEE IT.THE, BUT THE, THE PROCESS OF OFFSETS GIVES YOU THAT AND THEN SOME AS LONG AS YOU'RE GONNA SPEND SOME MONEY ON IT.
AND IT SOUNDS LIKE THIS HAS BEEN GOING ON FOR A LONG TIME AND YOU NEED TO GET IT DONE.
MR. UH, JOSEPH WILL BE MAILED TO YOU.
GETTING A LOT OF, GET A LOT OF FEEDBACK IN THAT.
[3. Case Number: CL 2025-162262]
ME TO START WITH ITEM THREE? YEAH.ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER CL 2 0 2 5 DASH 16 2 2 6 2.
AND IS REGARDING A FIRE DAMAGED COMMERCIAL MULTIFAMILY STRUCTURE ON THE PROPERTY LOCATED AT 6 8 0 3.
STAFF EXHIBITS CAN BE FOUND IN THE GRAY BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE PROPERTY.
THIS CASE WAS OPENED IN MARCH, 2025 AS THE RESULT OF A COMPLAINT.
THE PROPERTY SUFFERED A BUILDING FIRE ON MARCH, UH, 15, 20 25.
THIS PROPERTY IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
IN YOUR GOOGLE, 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, AND A FIRE INCIDENT REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J.
AND THE RECOMMENDED ORDER CODE INSPECTOR CHARLES EDWARDS IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
DID Y'ALL HEAR ME ON THAT? I'M SORRY.
MY NAME IS CHARLES EDWARDS AND I'M A CODE INSPECTOR WITH THE CITY OF AUSTIN.
PRESENTING THE CASE FOR 68 0 3 WENTWORTH DRIVE.
ON MARCH 18TH, 2025, I CONDUCTED AN INSPECTION OF A FIRE BURNT STRUCTURE AFTER RECEIVING COMPLAINT VIA 3 1 1.
UPON ARRIVAL TO A RESIDENTIAL FOURPLEX, I OBSERVED FIRE DAMAGE TO THE EXTERIOR PORTIONS OF UNITS A AND C UNIT A WAS ON THE FIRST LEVEL WHILE UNIT C WAS DIRECTLY ABOVE IT IN DETAIL.
EXTERIOR DAMAGE WAS OBSERVED TO THE EXTERIOR WALLS, WINDOWS, BALCONY, AND THE ROOF.
A REPORT FROM THE AUSTIN FIRE DEPARTMENT DETAILED THAT THERE WAS SMOKE DAMAGE TO THE INTERIOR WHILE MODERATE FIRE DAMAGE TO THE EXTERIOR.
ON MARCH 19TH, 2025, A NOTICE OF VIOLATION WAS SENT TO THE PROPERTY OWNER, MR. CLINTON SILVAS.
AND ON THAT SAME DAY THAT NOTICE WAS POSTED ON THE PROPERTY ON MARCH 27TH, 2025, I SPOKE WITH THE OWNER WHO ADVISED HE RECEIVED THAT NOTICE AND HE HAD SOME QUESTIONS.
AFTER THE, AFTER THE QUESTIONS AND HIS CONCERNS WERE ANSWERED, HE STATED HE WOULD BE PULLING PERMITS FOR THE REMODELING OF THE FOURPLEX AFTER SEVERAL MONTHLY FOLLOW-UP INSPECTIONS WITH THE VIOLATIONS REMAINING.
A NEW NOTICE OF VIOLATION WAS GENERATED ON MARCH 11TH, 2026 AND SENT CERTIFIED MAIL AS WELL AS BEING POSTED ON THE PROPERTY.
ON MAY 28TH, 2026, A INSPECTION WAS CONDUCTED AND I OBSERVED CONSTRUCTION WORK BEING CONDUCTED FOR THE REMODELING OF THE PROPERTY.
A SEARCH THROUGH OUR AMANDA DATABASE SHOWED ELECTRICAL, PLUMBING, MECHANICAL, AND BUILDING PERMITS HAD BEEN APPLIED AND CURRENTLY ACTIVE, WHICH WAS DATED MARCH THE THIRD, 2026.
BUT AS OF AS OF THE LAST FOLLOW-UP INSPECTION, THE PROPERTY REMAINS IN VIOLATION.
I WILL NOW TAKE YOU THROUGH THE PHOTOS, UH, WHICH
[00:40:01]
ARE LABELED TWO A THROUGH TWO J.EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY.
EXHIBIT TWO B IS A PHOTO INDICATING THE PROPERTY ADDRESS.
EXHIBIT TWO C IS A PHOTO INDICATING UNIT A FROM THE FRONT DOOR AS WELL AS THE WINDOW.
EXHIBIT 2D IS A PHOTO INDICATING UNIT C.
EXHIBIT TWO E IS A PHOTO INDICATING DAMAGED WINDOW.
EXHIBIT TWO F IS A PHOTO INDICATING EXTERIOR DAMAGE TO THE WALL AND THE ROOF.
EXHIBIT TWO G IS A PHOTO INDICATING A DAMAGED EXTERIOR WALL ON THE SIDE OF THE PROPERTY.
EXHIBIT TWO H IS A PHOTO INDICATING DAMAGE TO THE EXTERIOR PORTION OF THE REAR OF THE PROPERTY.
EXHIBIT TWO I IS A PHOTO INDICATING THE DAMAGE TO WHERE THE BALCONY WAS.
AND EXHIBIT TWO J IS A PHOTO INDICATING THE CONTEXTUAL PHOTO OF THE REAR OF THE PROPERTY.
UH, THIS CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITION 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'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 REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE FIRE DAMAGE, UH, COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VER 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
ALRIGHT, SO I READ THIS HONOR.
GO THROUGH MR. SIL, YOU'RE THE OWNER.
I'M THE OWNER OF 6 8 0 3 WENTWORTH DRIVE.
UH, THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK TODAY.
I FIRST WANTED TO SAY THAT THIS HAS BEEN AN INCREDIBLY DIFFICULT PROCESS, UH, AFTER A FIRE.
THEIR PRIORITY WAS SIMPLE, MAKE THE PROPERTY SAFE, FOLLOW THE CITY'S REQUIREMENTS, AND RESTORE THESE HOMES CORRECTLY FROM THE BEGINNING.
WE'VE WORKED CLOSELY WITH OUR CONTRACTOR ENGINEERS, ARCHITECTS IN THE CITY OF AUSTIN.
AS WE'VE MOVED THROUGH THE PERMITTING PROCESS, WE LEARNED THAT THE SCOPE OF THE WORK REQUIRED WAS CONSIDERABLY MORE EXTENSIVE THAN WE ORIGINALLY UNDERSTOOD.
BECAUSE OF THAT, WE HAD TO REVISE OUR PLANS AND SUBMIT ADDITIONAL INFORMATION TO THE CITY TO MEET ALL THE CITY'S REQUIREMENTS.
WHILE THAT ADDED TIME AND COST, WE UNDERSTOOD THAT DOING THE WORK CORRECTLY WAS THE ONLY ACCEPTABLE PATH.
WE'VE CONTINUED INVESTING IN ENGINEERING, UPDATING PLANS, INSPECTIONS, AND CODE COMPLIANCE SO THIS PROJECT CAN MOVE FORWARD SAFELY AND RESPONSIBLY.
OUR GOAL WAS NEVER, HAS NEVER BEEN TO TAKE SHORTCUTS OR AVOID THE PROCESS.
WE'VE BEEN COMMITTED TO FOLLOWING EVERY REQUIREMENT PLACED BEFORE US.
UH, THIS FIRE HAS SIGNIFICANTLY, UH, HAS HAD A SIGNIFICANT FINANCIAL AND PERSONAL IMPACT, BUT WE ARE STILL HERE BECAUSE WE WANT TO RESTORE THESE HOMES AND PROTECT OUR INVESTMENT AND PROVIDE SAFE H HOUSING FOR THE FUTURE OCCUPANTS.
UH, TODAY WE'RE SIMPLY ASKING FOR THE OPPORTUNITY TO CONTINUE MOVING ON THIS PROJECT AND APPRECIATE THE CITY'S TIME AND WORKS.
UH, THE STAFF HAS PUT INTO REVIEWING OUR SUBMISSIONS, UM, AND EVERYONE'S WILLINGNESS TO HELP TO REACH, UH, A RESOLUTION.
UM, I'D LIKE TO, I HAVE BROUGHT MY CONTRACTORS HERE WITH ME AND I'D LIKE MAYBE FOR THEM TO, TO SAY A FEW WORDS.
[00:45:04]
HELLO, I AM AMANDA OLIVES.I AM, UH, THE CFO FOR FIVE 12 CONSTRUCTION.
FIRST, I'D LIKE TO APOLOGIZE TO THE CITY AND SURROUNDING COMMUNITY FOR THE LENGTH OF TIME.
THIS PROPERTY HAS REMAINED IN ITS CURRENT CONDITION.
WE UNDERSTAND THE IMPACT IT HAD, HAS HAD, AND NO ONE WANTS TO SEE THIS PROJECT COMPLETED MORE THAN WE DO.
THIS PROJECT HAS BEEN MUCH MORE THAN REBUILDING AFTER A FIRE.
AS WE WORK THROUGH THE CITY'S, UH, REVIEW PROCESS, THE PROJECT CONTINUES TO EVOLVE AS ADDITIONAL ENGINEERING DESIGN AND CODE REQUIREMENTS WERE IDENTIFIED.
WITH EACH PHASE OF REVIEW, OUR UNDERSTANDING OF WHAT WE NEEDED BECAME CLEARER AND WE ADJUSTED ACCORDINGLY FROM THE BEGINNING.
WE'RE WE'VE BEEN COMMITTED TO REBUILDING THE PROPERTY TO TODAY'S CODE REQUIREMENTS, NOT SIMPLY RE RESTORE, RESTORING WHAT THERE WAS BEFORE.
THE COMMITMENT HAS REQUIRED US TO CONTINUE WORKING THROUGH THE INSURANCE PROCESS TO SECURE FUNDS FOR THE CODE REQUIREMENTS, IMPROVEMENTS NECESSARY TO COMPLETE THIS PROJECT.
EVERY REVISION REQUIRED ADDITIONAL COORDINATION, PLANNING AND COLLABORATION WITH ARCHITECTS, DESIGNERS, UM, ENGINEERS AND CITY STAFF.
WE, WE VIEW THIS CHANGE NOT AS AN OBSTACLE, BUT AS OUR RESPONSIBLE AND RESPONSIBILITY TO ADDRESS.
SO THIS PROJECT WOULD MEET THE CITY'S STANDARDS IF THE REQUEST APPROVES ARE GRANTED AND THE REMAINING FUNDS IS SECURED.
OUR GOAL IS TO HAVE THIS PROJECT COMPLETED BY DECEMBER, 2026.
WE RESPECTFULLY ASK FOR THE OPPORTUNITY TO COMPLETE THIS PROJECT WITHOUT ADDITIONAL VIOLATIONS.
WHILE CONSTRUCTION IS ACTIVELY IN PROGRESS, WE HAVE WORKED ACTIVELY UNDERGOING IN ENSURING THE PROPERTY REMAINS SECURE.
WE HAVE RETAINED A PROFESSIONAL 24 7 CAMERA MONITORING COMPANY THAT CONTINUALLY MONITOR MONITORS THE SITE WHENEVER THE CREWS ARE NOT PRESENT.
OUR TEAM IS COMMITTED TO SEE THIS PROJECT THROUGH AND WE APPRECIATE YOUR TIME, YOUR PATIENCE, AND THE OPPORTUNITY TO FINISH IT THE RIGHT WAY.
YOU ALL CLEAR FOR THE SWEARING? YES.
JUST WANNA CHECK TO MAKE SURE, UM, DOES CITY HAVE ANY QUESTIONS THAT THEY'D LIKE TO ASK? OKAY.
NO COMMISSIONERS, UNLESS THERE'S ANY OBJECTION, WE'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH TWO J ALONG WITH THE OWNER'S EXHIBITS AS SUBMITTED.
HEARING NONE EXHIBITS ARE ADMITTED.
COMMISSIONERS QUESTIONS FOR THE OWNERS OR STAFF? UM, YES,
UM, THANK YOU FOR YOUR EXHIBIT.
UM, DO YOU HAVE A TIMEFRAME IN MIND CURRENTLY? TIMEFRAME FOR COMPLETION? MM-HMM
UH, YES, THAT WAS, UH, SUBMITTED AS A AN EXHIBIT.
UH, IT'S PRETTY, I'M JUST ASKING IF YOU COULD PULL IT OUT FOR ME.
'CAUSE YOU'VE BEEN VERY THOROUGH IN, THERE'S A LOT OF MATERIAL HERE.
YEAH, YEAH, THERE'S QUITE A BIT, WHICH IS VERY APPRECIATED.
WHAT'S IT SAYING HERE? THIS ONE? YEAH.
UH, SO IN REFERENCE TO THE BUILDING STANDARDS COMMISSION CASE, UH, FOR THIS PROPERTY HERE, UM, AT, AT SIX A 6 8 0 3 AUSTIN OR WENTWORTH DRIVE IN AUSTIN, UH, WE'RE REQUESTING A REMEDIATION TIMELINE OF 190 CALENDAR DAYS, UH, FROM THE SCHEDULED TIME OF JUNE 24TH.
UH, THIS 180 DAY, UH, PHASE SCHEDULE ENCOMPASSES 20 DAYS FOR ENGINEERING ASSESSMENT AND PLAN FINALIZATION.
UH, TARGETING JULY 14TH, 2026.
UM, INCLUDES 60 DAYS FOR THE CITY OF AUSTIN.
PERMITTING AND REVIEW PROCESS, UH, TARGETING, UH, SEPTEMBER 12TH, 2026, 20 DAYS FOR CONTRACTOR MOBILIZATION AND MATERIAL STAGING, TARGETING OCTOBER 2ND, 65 DAYS FOR ACTIVE COMPLIANCE REPAIRS AND STRUCTURAL CONSTRUCTION TARGETING DECEMBER 6TH, 2026 AND A FINAL 25 DAYS FOR MUNICIPAL CODE COMPLIANCE INSPECTIONS TO OFFICIALLY CLOSE OUT THE CASE TARGETING DECEMBER 31ST.
HAS ALL THE MATERIAL BEEN SUBMITTED TO ALLOW FOR THE ADDITIONAL NINE ABOVE 90 DAYS? HAS THAT BEEN AUDITED?
[00:50:02]
THERE'S A LOT OF MATERIAL HERE.SO, YES, IT HAS BEEN ARRANGED IN THE, UH, SO IN, I THINK IT'S IN YOUR BYLAWS.
NO, IN, NO, IT'S IN THE NOTES AND REGS RULE 4 0 6 IN YOUR LITTLE NOTEBOOKS.
SO IF YOU REFER TO THAT, UM, I TRY TO ORGANIZE THE DOCUMENTS THAT THEY PROVIDED, UM, LIKE IN THAT SAME MANNER, IN THAT SAME ORDER.
AND, UM, I MEAN, THE ONLY THING THAT THEY REALLY DIDN'T SUBMIT WAS, WELL, I MEAN, YOU CAN'T EVEN REALLY SAY THAT 'CAUSE THEY SUBMITTED A MOUNTAIN OF STUFF.
SO OTHER RELEVANT DOCUMENTS, I MEAN, THIS WAS BASICALLY A COLLECTION OF, UM, ESTIMATES, THE TIMELINE.
UM, I THINK THERE'S A, UM, A CREDIT, UH, A CREDIT LIMIT OR A, UM, YOU KNOW, SOMETHING TO THAT EFFECT.
SO YEAH, I THINK THEY HIT EVERY METRIC THERE.
A FOLLOW UP QUESTION FOR THE CITY, UM, THE PERMIT LOOKED LIKE, IS IT EXPIRED? IS THAT TRUE? ALLEN WU, UM, DEPUTY BI, UH, BILLING OFFICIAL, I'M LOOKING AT THE PERMITTING HISTORY RIGHT NOW IN FRONT OF ME.
UM, THEY WENT THROUGH A PERMIT REVIEW FOR THE RENOVATION AND IT WAS COMPLETED IN DECEMBER 5TH, 2025.
THEY HAVE PERMITS, BUILDING PERMITS AND PLUMBING PERMITS FOR ALL THE ADDRESSES.
AND THAT SHOULD BE A YEAR LONG.
SO THEY'RE STILL ACTIVE TOO, AND THEY ARE PROBABLY GONNA EXPIRE DECEMBER 5TH, 2026.
I, I FOUND THEIR MASTER COMMENT REPORT IN THEIR PACKAGE THAT SAYS THEIR APPLICATION DATE WAS JUNE 10TH OF 25 WITH AN EXPIRATION OF JUNE 10TH OF 26TH.
SO FOR THE, THE PERMIT REVIEW, IT STARTED IN JU JULY, UH, JUNE 10TH, YOU'RE SAYING THERE WAS A PERMIT IN PLACE AND THEY GOT FINAL APPROVAL FOR THE BUILDING PLAN REVIEW ON DECEMBER 5TH.
SO ONCE THEY GOT THE APPROVAL, THEY PULLED PERMITS THE SAME DAY, DECEMBER 5TH, AND THEN THEY HAVE ANOTHER YEAR FROM DECEMBER 5TH, 2025.
SO, SO THEY'VE BEEN, THEY'VE BEEN ACTIVE NOW FOR SIX MONTHS.
COMMISSIONER, SO THEY MEET THE CRITERIA FOR MORE THAN 90 DAYS AND PERMITS ARE ACTIVE.
I HAD A, I HAD A QUESTION FOR, UM, THE PROPERTY OWNERS COMMISSIONER TOM LOVICH.
SO, UH, MY UNDERSTANDING IS THAT, YOU KNOW, A LOT OF THE ACTIVE PERMITS HAVE BEEN RUNNING.
I HEARD FROM Y'ALL A LITTLE BIT, SOMETHING ABOUT, UH, AS YOU GUYS HAVE BEEN WORKING ON IT, IT'S KIND OF GROWN IN SCOPE.
YOU KNOW, JUST KIND OF GOING THROUGH YOUR DOCUMENTS HERE, OBVIOUSLY THERE'S A HUGE AMOUNT OF WORK TO DO THAT'S BASICALLY REBUILDING THE BUILDING.
I'M JUST KIND OF CURIOUS WHAT'S THE, UH, MY, I GUESS MY UNDERSTANDING IS THAT WORK COULD HAVE STARTED MAYBE A FEW MONTHS AGO, AND I'M JUST, JUST KIND OF UNDER, UH, TRYING TO FIGURE OUT WHAT'S THE, WHAT THIS TIME THAT THIS GAP IN TIME HERE BETWEEN, UH, DECEMBER AND NOW, WHY THERE HASN'T BEEN ANY WORK DONE.
DID YOU WANT TO ADDRESS IT OR CORRECT.
SO THERE IS QUITE A GAP IN THE TIMELINE? YEAH.
DUE TO ORIGINALLY WHEN WE SUBMITTED FOR THE PLANS, UM, IT WAS JUST FOR THE SCOPE OF THE FIRE DAMAGE UNITS.
BUT AFTER GETTING THE APPROVED CITY OF AUSTIN, UM, STAMPED PLANS, UM, THERE WAS QUITE A FEW, QUITE A FEW CODE ENFORCED UPDATES AND THINGS THAT WE HAD TO ADDRESS, NOT ONLY WITH THE FIRE, UH, DAMAGE, BUT ALSO THE OTHER ADDITIONAL UNITS ON THE OTHER SIDE.
AND SO WE ARE KIND OF IN THAT LIMBO OF JUST MAKING SURE THAT EVERYTHING IS UNDER POLICY WITH THE ADJUSTERS.
AND THEN, SO THAT'S KIND OF WHERE OUR, OUR TIMEFRAME KIND OF DROPS OFF ESSENTIALLY.
UM, BECAUSE WE DO NOT WANNA DO WORK WHERE IT'S JUST PUTTING BANDAIDS ON THINGS.
WE WANNA MAKE SURE EVERYTHING'S UP TO CODE AND UP TO YOUR STANDARDS FOR THE CITY.
SO THERE IS THE FIRE DAMAGE STUFF AND THEN THERE'S ALSO SEPARATELY, THERE ARE OTHER UNITS THAT NEED CODE UPDATES.
ARE ANY OF THE VIOLATIONS THAT WE'RE CONSIDERING IN THIS ORDER RIGHT NOW FOR THAT SECOND BUILDING, OR IS THIS ALL ABOUT THE FIRE DAMAGE, UM, IN THIS PARTICULAR ORDER? OR ARE THEY, IS IT COMBINED? THERE WAS ANOTHER VIOLATION OF PROPERTY ABATEMENT.
BUT THEY, MR. CLINTON, HE CLEARED THAT UP.
SO THE ORDER THAT WE HAVE BEFORE US TODAY IS JUST ABOUT THE FIRE DAMAGE? THAT'S, THAT'S CORRECT.
[00:55:01]
THEN BACK TO MR. WU, WERE THE, THE, THE, THE PERMITS THAT WE WERE JUST DISCUSSING THAT WERE APPROVED OR THE, THE OPENING OF THE PERMITS ON DECEMBER 5TH, WOULD THAT BE COVERING THE FIRE DAMAGE OR YEAH, YEAH.THE PERMITS THAT WERE APPROVED WERE FOR THE REMEDIATION AND REBUILD.
BACK TO ITS ORIGINAL STATE AFTER THE OKAY.
AND DO YOU KIND OF SEE MY QUESTION HERE WHERE IT SEEMS LIKE YOU'VE HAD PERMITS THAT WOULD COVER THIS FIRE DAMAGE AND UNDERSTANDING YOU HAVE THESE OTHER, OTHER CODE ISSUES.
SEEMS LIKE YOU GOT THAT RESOLVED, WHICH WE OF COURSE IS GOOD.
UM, BUT I, I GUESS WHAT, DID YOU JUST KIND OF GET DISTRACTED BY THESE OTHER CODE ISSUES AND WHILE THE INSURANCE KIND OF WORKED STUFF OUT? I'M KIND OF, I'M STILL KIND OF, UH, I'M NOT REALLY CLEAR ON WHAT WAS THE HOLDUP ON THE FIRE DAMAGE BUILDING IN PARTICULAR.
UM, SO ANYTIME YOU'RE DOING CONSTRUCTION, YOU'RE NEVER WANTING TO, UM, JUST DO ONE SIDE.
SO THIS IS A QUADPLEX, OR I'M SORRY, UM, UH, YEAH, QUADPLEX.
SO, UM, THERE'S TRUST, TRUST ISSUES.
UM, THERE'S A LOT OF DAMAGE IN PLUMBING, ELECTRICAL, ALL THOSE THINGS.
AND SO YOU NEVER WANNA DO ONE SIDE OF THE BUILDING AND THEN GO TO THE OTHER SIDE.
THE PROPER WAY IS TO DO THE WHOLE SCOPE TOGETHER.
THAT WAY EVERYTHING IS RAN COHESIVELY SINCE THEY ARE SHARING, YOU KNOW, UM, HVAC IN ELECTRIC, PLUMBING, WATER, ALL THOSE THINGS.
UM, SO JUST THE WAY ON THE CONSTRUCTION SIDE TO DO THINGS PROPERLY, WE WOULDN'T WANNA GO THAT DIRECTION TO DO THAT.
UM, WE HAVE HAD THINGS THAT, YOU KNOW, WE COULD DO IN OUR SCOPES, LIKE, YOU KNOW, CLEARING OUT THINGS, DOING A DEMO AND, AND KIND OF GETTING IT PREPPED AS BEST AS WE CAN FOR ONCE WE GET THAT GREEN LIGHT ON, UM, GETTING THE ADDITIONAL FUNDS, WE CAN KIND OF, UM, KNOCK IT OUT AND HIT THAT TIMELINE DEADLINE.
UH, YOU GOT THE PERMITS FOR THE FIRE DAMAGE, THE SCOPE OF THE PROJECT INCREASED, AND IT WAS YOUR UNDERSTANDING YOU NEEDED TO GET MORE SITE PLANS AND MORE APPROVAL FROM THE CITY.
MR. WOULD YOU SAY THAT'S, THAT'S ACCURATE? IF, IF WHAT THEY'RE SAYING IS TRUE HERE? NOT THAT I'M DOUBTING YOU, I'M JUST, I'M JUST TRYING TO MAKE, THIS IS AN AREA OF LAW I KNOW VERY LITTLE ABOUT, SO I JUST WANNA MAKE SURE I UNDERSTAND WHAT'S GOING ON.
OR WOULD THOSE, WOULD THOSE DECEMBER PERMIT, COVER, WHATEVER? SO I GUESS FROM MY UNDERSTANDING OF THE, OF WHAT'S GOING ON IS THAT MAYBE THEY DID SOME ADDITIONAL DEMOLITION THAT UNCOVERED MORE DAMAGE THAT THEY DIDN'T EXPECT OF.
SO, OR ANTICIPATE DURING THE PERMITTING PROCESS.
UH, TYPICALLY YOU CAN PROGRESS WITH THE APPROVED REMEDIATION MM-HMM
AS WELL, YOU KNOW, CONCURRENTLY GOING BACK TO THE CITY AND GETTING REVISIONS TO THE PLANS TO INCLUDE WHAT WAS DISCOVERED.
SO YEAH, TYPICALLY THAT'S THE ORDER WE WOULD SEE IT.
SO, UM, JUST TO BE CLEAR, THE PLANS THAT WE HAVE CURRENTLY THAT EVERYBODY IS VIEWING RIGHT NOW ARE NOT GONNA CHANGE.
THEY ARE GONNA STAND AS THE, UM, PROPER WAY TO REBUILD.
UM, SO WE'RE NOT ASSUMING ANY MORE WORK THAN YOU'VE ALREADY SEEN ON THOSE, UH, APPROVED PLANS.
UM, BUT IN THE INITIAL, ONCE THAT FIRE DAMAGE STARTED, THEY HAD CHANGED WITHIN THAT KIND OF, UM, TIME FROM STARTING THE FIRE TO GETTING APPROVED PLANS.
AND THAT WAS KIND OF MY NEXT QUESTION.
YOU DON'T ANTICIPATE, YOU, YOU THINK YOU'VE DONE GOOD DISCOVERY ON THE PROPERTY, THERE'S NOT GONNA BE SOME MASSIVE ISSUE THAT'S GONNA BE UNCOVERED THAT'S GONNA REQUIRE MORE TIME.
BECAUSE I THINK, SO HAVING A STRUCTURE LIKE THIS IS DEFINITELY AN ATTRACTIVE ANCE TO, SO, SO TO BE CLEAR, YOU HAVE PLANS, YOU HAVE A PERMIT, YOU KNOW YOUR SCOPE, YOU'RE READY TO START, CORRECT.
UM, DO YOU HAVE FUNDING IN PLACE? OUR FUNDING IS THE THING THAT IS HOLDING US BACK.
UM, WE'VE ALREADY BEEN IN MULTIPLE EMAILS AND MEETINGS, UM, WITH OUR ADJUSTER OR WITH THE CLIENT'S ADJUSTER.
UM, I WILL SAY THAT WE ARE AT THE VERY TAIL END, UM, OF THAT WHOLE THING AND AT THE FINAL REVIEW OF THE DISCOVERY FINES OF THE ADDITIONAL FUNDS AND THE CODE UPGRADES.
SO THAT'S, THAT'S WHAT'S BEEN HOLDING YOU UP? YES.
YOU DON'T NEED ADDITIONAL PERMITS? NO, YOU DON'T NEED ADDITIONAL ENGINEERING.
SO ANYTIME THAT YOU WERE ALLOCATING FOR ADDITIONAL ENGINEERING WORK, YOU DON'T REALLY NEED THAT.
SO IN THAT PROCESS, YES, WE DID NEED IT, UM, DUE TO THE DISCOVERY FINDS.
I'M SAYING YOU DON'T NEED IT FROM HERE FORWARD, CORRECT? CORRECT.
AND, UH, JUST A POINT OF CLARIFICATION, I DO SEE IN THE, IN THE CODE RECORD HERE, JUST THE, IT DOES LOOK LIKE CONSTRUCTION HAS HAD
[01:00:01]
HAPPENED IN MAY.IS THAT CORRECT? YOU OBSERVED THAT CONSTRUCTION ON THE, THE FIRE DAMAGE WAS HAPPENING.
I CONDUCTED A FOLLOW UP INSTRUCTION ON THE 28TH OF MAY, AND YES, IT LOOKS LIKE THEY HAD BEGAN TO PERFORM SOME KIND OF REMODELING.
IS IS THAT REMODELING OR IS THAT DEMOLITION WORK IN PREPARATION FOR NEW CONSTRUCTION? IN MY VIEW, IT WAS REMODELING, YES.
CAN YOU ANSWER? SO WITH THAT, WE HAD A MITIGATION COMPANY COME OUT AND DO, UM, THEIR STANDARD PROTOCOL OF ANYTIME THERE'S A FIRE, UM, MAKING SURE IT'S SAFETY, UM, ANY SAFETY UPDATES OR ANY, UM, ENVIRONMENTAL KIND OF THINGS.
SO THEY WERE IN THERE DEMOING THE, UM, AFFECTED AREAS AND ALSO CLEANING UP.
UM, SO THERE DID, THERE WAS QUITE A BIT OF PRESENCE, I WOULD SAY, AT THE PROPERTY.
UM, AND THEN ALSO IN ITS STANDING STATE, IT IS AT ITS DEMO STAGE, UM, DUE TO JUST A LOT OF THE VANDALISM HAPPENING TO IT.
SO WE WOULD, WE HAD TO KIND OF, UM, YOU KNOW, DEMO MOST OF IT.
BUT I WOULDN'T SAY THAT THERE'S ANYTHING THAT'S ON THE, THE PLUS SIDE HAPPENING ON IT.
JUST THE SUBTRACTION SIDE AS I READ THE CRITERIA THAT'S REQUIRED FOR AN EXTENSION, ONE OF THOSE IS PROOF OF FUNDING AND THEY JUST ATTESTED THAT FUNDING WAS NOT IN PLACE.
SO THAT WOULD DISQUALIFY THE EXTENSION OF TIME.
AM I READING THAT CORRECTLY? THE, UH, JUST ONE MOMENT.
UM, CHAIR UNDER OUR RULES, BUT ALSO UNDER STATE LAW, PART OF THE REQUIREMENT IS TO PROVIDE A SOURCE PROOF OF A SOURCE OF FUNDING.
UM, AND SO, OR IT SAYS A LETTER FROM A FINANCIAL INSTITUTION APPROVING THE REQUIRED FUNDS OR OTHER PROOF OF FUNDING SOURCE COMMISSIONERS.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
MOTION TO BE MADE? IS THERE A SECOND? SECOND.
OH, SECOND BY COMMISSIONER MARTINEZ.
THE COMMISSIONERS AND NOW WILL COME TALK THROUGH.
IF THERE ARE ADDITIONAL QUESTIONS, WE'LL, WE'LL REACH OUT.
COMMISSIONERS, IS THERE A MOTION ON THE MATTER? YEAH.
UM, DID SOMEONE CALL IT ALREADY OR NO? OKAY.
UM, SO I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER.
UM, AMEND 45 DAYS TO 90 DAYS, NUMBER ONE WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED, ET CETERA, ET CETERA.
AND THEN TWO ON THE 91ST DAY IF COMPLIANCE HAS NOT BEEN ACHIEVED, ET CETERA.
SECOND, I'LL SECOND THAT MOTION BY, UH, COMMISSIONER TOM LOVICH.
THE MOTION IS STATED, UH, AS PRESENTED BY STAFF WITH THE AMENDMENTS BEING, UH, TO SECTION ONE FROM 45 DAYS TO 90 DAYS IN SECTION TWO FROM 46 DAY TO 91ST DAY.
ANY DISCUSSION IF I MIGHT OFFER? UH, SO, UH, SONYA, IN THIS CASE, I SEE THAT, UH, THEY HAVE SOME DISBURSEMENT FROM THEIR INSURANCE COMPANY, BUT BECAUSE THEY DON'T HAVE THE FULL DISBURSEMENT THAT DISQUALIFIES THEM FROM OUR STATUTORY ABILITY TO EXTEND PAST 90 DAYS, WOULD YOU, WOULD YOU AGREE WITH THAT CONCLUSION? AND COULD YOU POINT ME TO WHAT SLIDE OR WHICH PAGE? YEAH, SORRY.
THERE'S A, THERE'S TWO I SAY EACH, YEAH.
UM, I WAS KIND OF GOING THROUGH IT PRETTY QUICK.
I SEE, I JUST HAD IT A SECOND AGO.
ON NUMBER 1 21 AND 1 22, WE HAVE, UM, CHECKS AND THEN THE, THE ON 1 23, WE HAVE A, I'M, I'M, IT'S KIND OF JUST A, A BOX ON A SCREEN, BUT I'M ASSUMING THIS IS HOW MUCH THEY EXPECT YET TO COME FROM THE INSURANCE COMPANY.
IS THAT, IS THAT RIGHT? PROPERTY OWNER FOLKS? I'M LOOKING AT NUMBER 1 23 IN Y'ALL'S EXHIBIT.
I SEE 75,000 WITHHELD BY INSURANCE, 117 WITHHELD BY
[01:05:01]
MORTGAGE.JUST WANNA MAKE SURE I'M UNDERSTANDING THESE NUMBERS AS WELL.
YES, YES, THAT SOUNDS CORRECT.
FROM WHAT I REMEMBER FROM THE DOCUMENT, I WOULD LIKE TO ALSO POINT OUT I HAVE SECURED A, A LINE OF CREDIT, AND THAT WAS IN ALSO IN THE EXHIBITS OF 120,000.
AND THAT'S, UM, WHAT WE'RE LOOKING AT, AT, ON, UM, UM, AND THAT'S SLIDE ONE 20, I THINK.
SO I GUESS THE QUESTION IS, IS THAT ADEQUATE, OKAY.
TO COMPLETE THE PROJECT, DO YOU HAVE FUNDING IN PLACE NOW TO COMPLETE THE PROJECT? YES.
AND IS THAT, WOULD THAT BE SUFFICIENT UNDER THE STATE STANDARD IN TERMS OF SHOWING OF, UH, YOU KNOW, FINANCIAL ABILITY TO COMPLETE THE PROJECT? SO IF THEIR TESTIMONY IS THAT THEY HAVE THE FINANCIAL ABILITY AND IT, IT DOES APPEAR THAT THEY'VE PROVIDED PROOF THAT WE HAVE, THAT YOU ALL HAVE TO VIEW MM-HMM
UM, THEN I BELIEVE THAT IS SUFFICIENT TO MEET THE REQUIREMENT.
AGAIN, THAT'S BASED ON THEIR TESTIMONY AND, AND THE EVIDENCE THAT THEY'VE SUBMITTED TODAY IN TERMS OF ALLOWING OUR DISCRETION IN TERMS OF TIME.
AND THEN IT WOULD FALL WITHIN YOUR DISCRETION IF THAT IS SUFFICIENT FOR YOU ALL TO MOVE FORWARD.
UM, I THINK THEN WITH THAT IN MIND, I THINK I WOULD ENTERTAIN UP TO 180 DAYS.
I THINK THESE GUYS SEEM LIKE DECENTLY GOOD FAITH OPERATORS AND I THINK, UH, IF, IF WE HAVE THAT STATUTORY ABILITY, I, I WOULD, I THINK I WOULD BE OKAY WITH THAT.
I KNOW WE JUST TALKED ABOUT 90 AND SO WE GOTTA DO A BUNCH OF, UM, BUT UH, YOU KNOW, WHATEVER DISCUSSION YEAH.
WAS FROM 90 TO 180, 180, UM, I, I WOULD ENTERTAIN A MOTION.
I GUESS MY QUESTION IS, DO YOU HAVE A TIMELINE FOR CONSTRUCTION TO START AND TO COMPLETE BASED ON YOUR SCOPE THAT YOU, AS YOU NOW UNDERSTAND IT, SO THAT COMPLETION DATE WOULD BE DECEMBER 26, OR I'M SORRY, DECEMBER 31ST, 2026.
UM, WHAT START DATE? SO SIX MONTHS FROM NOW? MM-HMM
IT'S NUMBER ONE 20, PAGE 1 24.
THEY HAVE THE, I CAN'T FOLLOW THIS MANY.
SO COMMISSIONER TOM VIC OFFERED A FRIENDLY AMENDMENT TO 180 DAYS.
IS THERE A SECOND TO THAT? SECOND.
UH, WELL NOW IS THERE ANY ADDITIONAL DISCUSSION? COMM, UH, SONYA APOL, APOLOGIES, CHAIR, AND ACTUALLY COMMISSIONER TOM MILANOVICH.
UM, BECAUSE OF THAT 181ST DAY, CAN WE GET SOME CLARIFICATION THAT IT'S 180 DAYS AND THE 181ST DAY BECAUSE OF THAT 46TH? YEAH, AND I, AND I'LL, I'LL, I'LL USE THE PROPER LANGUAGE.
SO YEAH, I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO MODIFY THE ORDER SO THAT, UH, AFTER 180 DAYS ON THE HUNDRED 81ST DAY, UH, THE 1000 PER WEEK VIOLATION AS STATED IN THE ORIGINAL ORDER, SHALL BEGIN TO ACCRUE.
AND SINCE THIS, AND, AND YOU, YOU JUST SORT OF TALKED ABOUT THIS ON THE LAST PROPERTY, SINCE IT IS A RESIDENTIAL PROPERTY, THEN, UH, IT'S MULTI-FAMILY.
OH, DOES, OH, SO THAT'S ONLY FOR SINGLE FAMILY, MAN, I REALLY, MAYBE I REALLY DON'T UNDERSTAND THAT RULE.
THE FRIENDLY AMENDMENT IS TO MODIFY THE ORIGINAL MOTION ON SECTION ONE FROM 45 DAYS.
WE MOVE THAT TO 90, SO THAT'LL BE CHANGED FROM NINETY TWO A HUNDRED EIGHTY DAYS.
SECTION TWO WILL CHANGE FROM, UH, WHAT'S SHOWN 46TH, MOVED TO 90, 91ST WOULD NOW BE 180, 180 FIRST DAY, IS THAT CORRECT? YES.
IS THERE ANY DISCUSSION ON THE FRIENDLY AMENDMENT.
CHAIR, HOW DO YOU VOTE? OH, CHAIR VOTES.
WE'RE BACK THEN TO OUR MAIN MOTION.
WHY IS THE MAIN MOTION WHAT WE NEED TO VOTE ON? SO IT WOULD BE THE, YOU ARE NOW GOING TO VOTE ON THE MOTION AS AMENDED.
ANY OTHER DISCUSSION THEN ON THE MOTION AS AMENDED? WE DO ROLL CALL.
A COPY OF THE ORDERS WILL BE MAILED TO YOU.
THANK YOU GUYS SO MUCH FOR YOUR TIME.
[01:10:15]
PLEASE PROCEED.[4.Case Number: CL 2025-149293 ]
ON THE AGENDA IS CASE NUMBER CL 2 0 2 5 DASH 4 9 2 9 3 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 9 6 1 9 MEADOW HEATH DRIVE.THE EXHIBITS CAN BE FOUND, FOUND IN THE SALMON COLORED BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THE CASES REGARDING A FIRE DAMAGE RESIDENTIAL PROPERTY THAT IS UNOCCUPIED AND IS NOT HOMESTEADED.
THE CASE WAS OPENED IN AUGUST, 2025 AS THE RESULT OF A COMPLAINT.
UM, THERE ARE NO PERMITS ISSUED FOR THIS PROPERTY RELATED TO THE CITED VIOLATIONS.
THE STRUCTURE IS CONSIDERED SUBSTANDARD AND REQUIRES REPAIR.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE WILLIAMSON, UH, 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 2K IN THE RECOMMENDED ORDER CODE.
INSPECTOR GABRIEL MARTINEZ IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR MARTINEZ, PLEASE BEGIN YOUR TESTIMONY.
UH, THANK YOU FOR HEARING THIS CASE.
I AM CODE INSPECTOR GABRIEL MARTINEZ WITH THE CITY OF AUSTIN, UH, 96 19 MEADOW HEATH DRIVE IS A SINGLE FAMILY HOME IN A NEIGHBORHOOD OF SIMILAR HOMES, TWO BLOCKS EAST OF OLD STAGE PARK AND FIVE BLOCKS EAST FROM A SHOPPING CENTER AT LAKE CREEK AND 180 3 IN AUGUST OF 20 25, 96 19, MEADOW HEATH DRIVE WAS REPORTED TO OUR DEPARTMENT WITH A 3 1 1 REPORT FOR AN ABANDONED HOUSE.
THE PROPERTY HAS BEEN SUBJECT TO OTHER VIOLATION CASES WHILE OWNED BY THE CURRENT OWNER.
FINES WERE ASSESSED FOR TALL GRASS IN 2022 AND 2023.
THE INITIAL INSPECTION FOR THE CURRENT VIOLATION CASE FOUND THE HOUSE WAS BOARDED UP AND FIRED, DAMAGED.
THE FIRE IS THOUGHT TO HAVE OCCURRED IN MARCH OF 2025.
A NOTICE OF VIOLATION WAS SENT TO THE OWNER WITH PHONE AND EMAIL ADDRESSES FOR CONTACTING CODE STAFF.
UH, EXHIBITS, UH, TWO A THROUGH 2K ARE RECENT PHOTOS TAKEN AT THE SITE? UH, EXHIBIT TWO A, UH, THIS IS THE STREET VIEW CONTEXTUAL VIEW FROM MEADOW HEAT DRIVE.
UH, THIS IS A PHOTO OF SOME DAMAGE AT ON THE EXTERIOR WALL.
ALL RIGHT, THIS IS DAMAGE OR DETERIORATION AT THE ROOF.
EXHIBIT 2D UH, THIS IS A P PHOTO OF A FRONT DOOR OF THE VACANT HOME THAT IS BOARDED UP.
IT HAS BEEN BOARDED SHUT SINCE THE CASE BEGAN.
UM, EXHIBIT TWO E FROM THE SIDE OF THE HOME, THE FIRE DAMAGE BECOMES OBVIOUS.
UH, EXHIBIT TWO F AND THIS IS A PHOTO, UH, DETAIL OF THE FIRE DAMAGE CODE IS NOT DONE ANY INTERIOR INSPECTION OF THE HOME.
UH, TWO G EXHIBIT TWO G FROM THE ADJACENT PROPERTY, THE FIRE DAMAGE AT THE REAR OF THE HOME IS VISIBLE AND SIGNIFICANT.
THE DAMAGE FENCE IS ALSO VISIBLE FROM THE ADJACENT PROPERTY.
THE CREEK RUNS BEHIND THESE HOMES.
AND TWO, I EXHIBIT TWO I, UH, ZOOMING INTO THE REAR OF THE HOME, WHICH IT DOES NOT SHOW FIRE DAMAGE.
THE DEFERRED MAINTENANCE IS VISIBLE TO JAY ON THE OTHER SIDE OF THE HOME.
THERE'S A SECOND STORY WINDOW ALSO BROKEN AND BOARDED SHUT AND TO TWO ELECTRICAL SERVICE AND GAS SERVICE ARE STILL IN PLACE FOR THE HOME, BUT IT HAS BEEN VACANT THROUGHOUT THE CASE.
HISTORY CODE HAS NOT RECEIVED A REPLY FROM ANY NOTICES SENT OR POSTED IN THE CURRENT CASE, UH, FOR REASONS DESCRIBED HERE AND FURTHER DESCRIPTIONS IN THE NOTICE OF VIOLATION CODE, ASK FOR A REPAIR ORDER SO THAT THE OWNER OR BUYER CAN ESTABLISH A COMPLIANT RESIDENCE.
AND I CAN RESPOND TO ANY QUESTION BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF
[01:15:01]
FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD.STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
STAFF ALSO 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 INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY A COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND THAT THE CITY CONCLUDES THIS PRESENTATION.
IT APPEARS THAT WE OWNER, WE HAVE THE OWNER ONLINE.
MR. HO, ARE YOU THERE? YES, I'M HERE.
I'M NOT, YES, I'M NOT THE OWNER.
I'M JUST, UM, CONCERNED NEIGHBOR.
DID YOU WANT ME TO GIVE MY, UM, I GUESS ONE, ONE MOMENT? YEAH, LET'S, OKAY, LET'S JUST CONFIRM FIRST CHAIR IF THERE IS AN OWNER, UM, JUST IN CASE BEFORE WE HAVE INTERESTED PARTIES.
IS, IS THERE ANYONE ELSE WAITING ONLINE? NO, YOU DO NOT.
DOES HE NEED TO BE SWORN IN? YEAH.
UH, MR. HO, WERE YOU HERE EARLIER WHEN WE SWORE PEOPLE IN? YES, I WAS.
THANK YOU FOR GIVING THE OPPORTUNITY TO SPEAK.
I'M JUST A NEIGHBOR IN THE NEIGHBORHOOD AND YEAH, I WANNA JUST GIVE MY, I GUESS, UM, OVERVIEW OF THE PROPERTY.
UM, I'M HERE JUST FOR GARDENING DOWN THE PROPERTY.
UH, THIS PROPERTY HAS BEEN ABANDONED FOR PROBABLY MORE THAN LIKE FIVE YEARS.
IT'S BECOME A DANGEROUS AND SUBSTANDARD STRUCTURE AND OPPOSED A THREAT TO THE PUBLIC SAFETY, HEALTH AND WELFARE OF THE COMMUNITY.
UM, OVER THE YEARS, THE PROPERTY HAS BEEN LEFT UNSECURED AND NEGLECTED WATERS HAVE GAINED ACCESS TO THE STRUCTURE AND STARTED A FIRE THAT HAS CAUSED EXTENSIVE DAMAGE.
TODAY, A MAJORITY OF THE HOUSE HAS BEEN BURNED AND THE MAIN PORTION CONTINUED TOTER DETERIORATE.
THE ROOF HAS FAILED IN MULTIPLE AREAS AND MILD WATER TO ENTER THE STRUCTURE, CAUSING FURTHER DAMAGE AND WEAKENING OF THE BUILDING.
UH, DUE TO THE EXTENSIVE FIRE DAMAGE ALONG EXPOSURE TO ELEMENTS AND YEAR OF NEGLECT, THE STRUCTURAL INTEGRITY OF THE BUILDING, A QUESTIONABLE AND PRESENTS A POTENTIAL RISK OF COLLAPSE OR INJURY.
UM, THE PROPERTY HAS BECOME A HARBOR FOR RODENTS FROM OTHER ANIMALS, CREATING UNSANITARY CONDITIONS AND INCREASING HEALTH CONCERNS FOR NEIGHBORING RESIDENTS.
IN ADDITION, THE FRONT AND REAR YARD, OVERGROWN, NON MAINTAIN EVERYTHING TO NEIGHBORHOOD BLIGHT, ATTRACTING PAST, AND CREATING POTENTIAL FIRE HAZARDS.
UH, THIS PROPERTY HAS BEEN REMAINED IN THIS CONDITION FOR PROBABLY MORE THAN FIVE YEARS WITHOUT MEANINGFUL REPAIR OR REMEDIATION, ITS CONDITION NEGATIVELY IMPACTS NEIGHBORING PROPERTIES, DIMINISHES THE APPEARANCE OF THE COMMUNITY, AND CREATES ONGOING SAFETY CONCERNS FOR RESIDENTS, FIRST RESPONDERS, AND ANYONE FROM A ENTER THE PROPERTY, UH, BASED ON THE EXPENSE OF FIRE DAMAGE, STRUCTURAL DETERIORATION, UNSAFE CONDITIONS, AND LONG-TERM ABANDONMENT.
I RESPECTFULLY REQUEST THAT THE BUILDING AND STANDARDS COMMISSION DETERMINED THAT THE STRUCTURE IS DANGEROUS, SUBSTANDARD, AND UNFIT FOR HUMAN OCCUPANCY IN ORDER OF THE APPROPRIATE CORRECTIVE ACTIONS, INCLUDING DEMOLITION IF REHABILITATION IS NOT FEASIBLE.
UM, THANK YOU FOR YOUR TIME CONSIDERATIONS AND, UH, COMMITMENT TO PROTECTING THE HEALTH AND SAFETY AND WELFARE OF OUR COMMUNITY.
COMMISSIONER, THE OWNER'S NOT PRESENT.
UH, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? UM, CAN I ASK A QUESTION? YEAH, WE CAN DO THAT.
UM, I JUST WANT TO CONFIRM, IT LOOKS LIKE THE, THE NOTICE WAS RETURNED TO SENDER.
ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE HEARING? SO MOVED.
UH, MOTION BY COMMISSIONER MUSGROVE TO CLOSE THE PUBLIC HEARINGS OR SECOND.
[01:20:01]
UH, NAS CLOSE VOICE VOTE.IS THERE A, UH, MOTION ON THE MATTER? YEP.
I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
SECOND MAYOR, SECONDED BY COMMISSIONER MUSGROVE.
ANY ADDITIONAL DISCUSSION? HEARING NONE.
DID WE ADMIT EXHIBITS? YEAH, JUST, JUST MAKE, ACTUALLY CAN CAN WE DO THAT REAL QUICK BEFORE YOU GUYS VOTE, JUST SO THAT WE HAVE IT BEFORE YOU VOTED.
UH, ERS, UNLESS THERE'S ANY OBJECTION, WE WILL, UH, ACCEPT THE EXHIBITS AS PRESENTED AT EXHIBIT ONE TWO A THROUGH 2K.
ANY OBJECTIONS? APPEARING NONE.
VOTE ON THE MOTION AS PRESENTED.
UH, COMMISSIONER MARTINEZ AYE.
WE COULD TAKE A 10 MINUTE BREAK HERE BEFORE WE START INTO THE NEXT CASE.
WE'LL COME BACK AT FIVE AFTER EIGHT AFTER.
[5.Case Numbers: CL 2026-071416; CL 2026-071423; CL 2026-071426; CL 2026-071428 and CL 2026-071429]
WE'RE BACK AT ITEM NUMBER FIVE.ITEM NUMBER FIVE ON THE AGENDA IS, UM, REGARDING A COMMERCIAL MULTIFAMILY PROPERTY REGISTERED IN THE REPEAT OFFENDER PROGRAM LOCATED AT 1 2 2 2 AGARITA AVENUE.
IT IS ALSO KNOWN AS 1 2 2 1 AGARITA AVENUE.
IT IS LOCALLY KNOWN AS CASCADE APARTMENTS.
THE CASE NUMBERS ARE AS FOLLOWS, CL 2 0 2 6 DASH 0 7 4 1 16 IS REGARDING BUILDING FOUR UNIT, UH, 1 26 CL 2 0 2 6 0 7 4 23 IS REGARDING BUILDING FOUR.
UNIT 2 26 CL 2 0 2 6 0 7 4 26 IS REGARDING BUILDING FOUR.
UNIT 2 28 CL 2 0 26 0 7 4 28 IS REGARDING BUILDING 12.
UNIT 2 74 AND CL 2 0 2 6 7 4 29 IS REGARDING BUILDING 14 EXTERIOR STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE PROPERTY.
THIS COMMERCIAL MULTIFAMILY PROPERTY CONSISTS OF, UH, APPROXIMATELY 15 BUILDINGS AND 200 UNITS.
WE'LL BE HEARING FIVE CASES CONCERNING THE STRUCTURE OF CONDITION VIOLATIONS.
THESE CASES WERE OPEN AS A RESULT OF PERIODIC INSPECTIONS.
THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD.
IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU'LL FIND THE FOLLOWING EXHIBITS 1, 3, 5, 7, AND NINE, WHICH CONTAIN THE COMPLAINANT CASE HISTORIES, MAPS OF THE PROPERTY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS AND EXHIBITS TWO A THROUGH TWO G, FOUR A THROUGH 4G, SIX A THROUGH SIX F, EIGHT A THROUGH EIGHT I, AND 10 A THROUGH 10 F, WHICH CONTAIN CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.
CODE INSPECTOR ERIC FINN IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THESE CASES AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR FINN, PLEASE BEGIN YOUR TESTIMONY.
[01:25:01]
I'M CO INSPECTOR ERIC FAM WITH THE AUSTIN DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE.THE PROPERTY BEING BOUGHT BEFORE YOU TODAY IS A COMMERCIAL MULTIFAMILY STRUCTURE OF ABOUT 15 BUILDINGS WITH, UH, 200 UNITS LOCATED AT 1 2 2 1 AND 1 2 2 2 AGARITA AVENUE.
ACCORDING TO THE TRAVERSE CENTRAL APPRAISAL DISTRICT, THE OWNER OF RECORD WAS IDENTIFIED AS CASCADE, SPD, EXCUSE ME, S-D-P-L-L-C, LOCATED AT 7 5 7 NORTH ELDRIDGE PARKWAY, SUITE 900, HOUSTON, TEXAS SINCE ABOUT, SINCE AUGUST THE 31ST OF 2021.
THIS PROPERTY HAS BEEN REGISTERED AS PART OF THE RENTAL REGISTRATION PROGRAM FOR REPEAT OFFENDERS.
THE CASE HAS BEING BARKED BEFORE YOU TODAY ARE THE RESULT OF SOME 3 1 1 COMPLAINTS AS WELL AS STRUCTURAL PERIODIC INSPECTIONS LOCATED THROUGHOUT THE PROPERTY, WHICH PRIMARILY CONCERN INFESTATION WITH RODENTS AND SOME EXTERIOR STRUCTURAL ISSUES.
THROUGHOUT THE, UH, PROPERTY NOTICES OF VIOLATION WERE SENT TO THE PROPERTY OWNER OF RECORD PER TRAVIS CENTRAL APPRAISAL DISTRICT AS FAR BACK AS AUGUST OF 2026 RESPECTIVELY.
SUBSEQUENT FOLLOW-UP INSPECTIONS AT THE SAME PROPERTY AND APARTMENT UNITS HAVE RESULTED IN FINDINGS WITH CODE VIOLATIONS THAT ARE NOT IN COMPLIANCE.
I WILL NOW PROCEED TO MY PRESENTATION.
EXHIBIT TWO A IS JUST A CONTEXTUAL VIEW OF UNIT 1 2 6, LOCATED AT BUILDING FOUR OF THIS PROPERTY.
EXHIBIT EXHIBIT TWO B IS A CONTEXTUAL VIEW OF A SLIDING DOOR THAT DOES NOT SECURE AT UNIT ONE, EXCUSE ME.
THIS IS JUST A CLOSEUP VIEW, EXHIBIT TWO C SHOWING THE LOCKING ME MECHANISM WHERE IT DOES NOT PROPERLY LATCH.
NEXT EXHIBIT, EXHIBIT 2D IS A PICTURE OF THE, UH, THE PANTRY OR UTILITY CLOSET, NOTING SOME RAT DROPPINGS FOUND IN THE, UH, APARTMENT AND NEXT TO A GLUE, GLUE TRAP.
NEXT EXHIBIT, EXHIBIT TWO E IS UNDERNEATH THE KITCHEN SINK CABINET THAT IS OPEN UNDER THIS AREA.
YOU'LL NOTE THERE'S A LOT MORE DROPPINGS IN THIS AREA.
NEXT EXHIBIT EXHIBIT TWO F IS A CONTEXTUAL VIEW OF THE BATHROOM SINK AT UNIT 1 26.
YOU'LL NOTE THAT A LIVE RODENT IS ACTUALLY ON A GLUE TRAP UNDERNEATH THE BATHROOM SINK HERE, WHICH IS STILL ALIVE.
THIS IS JUST VERIFYING, UH, THAT UNIT 1222 LOCATED ACROSS THE STREET, UH, AT THE CASCADE APARTMENTS EXHIBIT FOUR, A NEXT EXHIBIT AND THIS IS A FOLLOW-UP INSPECTION CONDUCTED ON JUNE 17TH, 2026.
EXHIBIT FOUR B, I'M NOTING THE HOLES BETWEEN THE BRICK AND THE WALL, UH, TO THIS PATIO.
NEXT EXHIBIT, EXHIBIT FOUR C, THE OTHER SIDE OF THE PATIO OF THE SAME UNIT.
THERE ARE HOLES IN THIS PATIO AND THIS IS JUST TO DEMONSTRATE OR SHOW THAT, UH, RODENTS OR INSECTS CAN GET INTO THE BUILDING THROUGH THESE, UH, ACCESS OR HOLES.
NEXT EXHIBIT, EXHIBIT FOUR D IS JUST A CONTEXTUAL VIEW OF UNIT 2 26.
THIS IS THE UNDERNEATH THE KITCHEN SINK EXHIBIT FOUR E.
UH, THAT'S, THAT IS A CUTTING BOARD.
HOWEVER, YOU'LL SEE IN THE NEXT PHOTO WHERE THERE'S A LARGE HOLE UNDERNEATH THIS CUTTING BOARD.
NEXT EXHIBIT, YES, THIS IS THE LARGE HOLE UNDERNEATH THAT CUTTING BOARD, UH, WHERE THE BOTTOM IS MISSING.
AND THERE ARE A LOT OF RAT DROPPINGS FOUND UNDER HERE, NE AT EX, EXCUSE ME, IN, UH, EXHIBIT FOUR F.
UH, THE OTHER SIDE OF THE, UH, SAME CABINET, IT'S A LITTLE BIT CLEANER, ALTHOUGH THERE IS A GLUE TRAP, CHICKEN WIRE AND, UH, SOME OTHER SUBSTANCE HAS BEEN USED TO COVER THE AREA BUT NOT COMPLETE THE REPAIR.
UH, THIS IS A FOLLOW-UP INSPECTION AT UNIT 2, 2, 8.
[01:30:03]
EXHIBIT SIX B SHOWS AN ATTEMPT AT A REPAIR.UH, AGAIN, WIRING HAS BEEN USED AND PLASTERED TO COVER A HOLE UNDERNEATH THE, UH, KITCHEN SINK HERE.
THIS IS THE PANTRY OF THE SAME UNIT.
UH, YOU'LL NOTE THERE ARE DROPPINGS FOUND ON THE UPPER SHELVES IN THIS PANTRY.
UH, JUST MORE DROPPINGS ON THE OTHER SIDE IN THE, IN THE CAB, I'M SORRY, PANTRY OF THE SAME APARTMENT UNIT.
NEXT EXHIBIT EXHIBIT SIX E IS THE RETURN TO AIR VENT, UM, WHERE THE FILTER FROM THE TENANT, UM, WAS NOT, UH, VERY CLEAN AND THERE WERE RAT DROPPINGS FOUND UP IN, UH, THIS, UH, VENT AREA.
NEXT EXHIBIT, UH, EXHIBIT SIX F.
UPON REMOVING THE UH, AIR VENT, YOU'LL NOTE THAT THERE IS, UH, A BUILDUP OF DEBRIS UP IN THIS, UH, RETURN AIR VENT AREA.
NEXT EXHIBIT EXHIBIT EIGHT A IS A JUST CONTEXTUAL VIEW, VERIFYING BUILDING 12 AT THIS PROPERTY.
NEXT EXHIBIT, EXHIBIT EIGHT B IS JUST CONTEXTUAL VIEW OF UNIT 2 7 4.
NEXT EXHIBIT, EXHIBIT EIGHT C.
JUST A CONTEXTUAL VIEW SHOWING THE KITCHEN AND UNDERNEATH WHERE THEY ATTEMPT TO DO REPAIRS.
UH, REPLACING THE BOTTOM FOUR BOARDS THERE WITH THE OTHER BOARDS THAT ARE NAILED THERE AS WELL AS SOME WIRING.
NEXT EXHIBIT, EXHIBIT EIGHT D.
UPON MOVING THE LOWER LEFT DRAWER FROM THE CABINET, YOU'LL NOTE THERE'S DEBRIS WITH, UH, RODENT DROPPINGS IN THIS AREA.
NEXT EXHIBIT, EXHIBIT EIGHT E UH, JUST SHOWS AN APPROACH TO THE STOVE AND WE WILL BE SHOW MORE CLOSELY WHAT'S BEHIND THE STOVE IN THE NEXT EXHIBIT.
EXHIBIT EIGHT F UH, THESE DROPPINGS WERE THERE INITIALLY BACK IN, UH, APRIL, I BELIEVE WHEN THE CASE FIRST BEGAN.
UH, THERE ARE STILL RODENT DROPPINGS, UH, BEHIND THE STOVE AT THE SAME APARTMENT.
NEXT EXHIBIT, EXHIBIT EIGHT G.
THIS IS THE CLOSET OF THE BEDROOM, AND YOU'LL NOTE THAT THERE'S DROPPINGS AND DEBRIS ON THE FLOOR THROUGHOUT THIS CLOSET AROUND THE, UH, WATER HEATER.
NEXT EXHIBIT, EXHIBIT EIGHT H.
THERE ER, RODENT DROPPINGS ON TOP OF THE WATER HEATER IN THIS ENCLOSED CLOSET.
NEXT EXHIBIT, EXHIBIT EIGHT, I DROPPINGS ON THE SHELVES OF THIS ENCLOSED CLOSET OF THE BEDROOM.
UH, THIS IS A CONTEXTUAL VIEW, UH, BUILDING 14 FOR EXHIBIT 10 A.
THIS IS JUST SHOWING A CONTEXTUAL VIEW OF THE BUILDING.
EXHIBIT 10 B SHOWS THAT ANCHORS ARE NOT PROPERLY, UH, HAVE, HAVE NOT BEEN MAINTAINED.
SOME OF THEM ARE RUSTED AND COMING APART AT BUILDING 14 HERE.
JUST MORE DETERIORATION OF THE ANCHORS TO, UH, PILLARS, WHICH LEAD TO A SECOND LEVEL WALKWAY OR LANDING, UM, AT BUILDING 14.
NEXT EXHIBIT, EXHIBIT 10 D UH, YOU'LL NOTE THIS IS A WALKWAY OR LANDING IN FRONT OF ONE OF THE, UH, UPPER UNITS.
YOU'LL NOTE THAT THERE ARE NEW BOARDINGS THAT HAVE BEEN PLACED, UH, IN PLACE THERE.
HOWEVER, THERE ARE STILL BOARDS THAT ARE DETERIORATED.
THIS IS A CONTEXTUAL VIEW SHOWING ANOTHER REPAIR OF ANOTHER LANDING OR WALKWAY AT BUILDING 14.
EXHIBIT 10 E AGAIN, YOU'LL NOTE THAT THERE ARE NEW BOARDS, UH, NEW POSTS, HOWEVER, THERE ARE STILL DETERIORATED BOARDS UNDERNEATH OR NOT UNDERNEATH, BUT THROUGHOUT THIS WALKWAY OR LANDING HERE MIXED IN WITH THE NEW BOARDS.
NEXT EXHIBIT, EXHIBIT 10 F MS. HANDRAIL IS COMPLETELY DETACHED AT THE TOP AND THE BOTTOM OF THE SAME, UH, WALKWAY LANDING AT BUILDING 14.
IN CONCLUSION, I I'VE RECEIVED, UH, A LOT OF COMPLAINTS SINCE APRIL AND MORE THIS MONTH FROM NEWER TENANTS COMPLAINING ABOUT RODENT ISSUES OR COCKROACH ISSUES AT, UH, 1221 AGARITA AND 1222 AGARITA.
[01:35:01]
MINDFUL WITH SOME OF THE, UH, PHOTOGRAPHS THAT HAVE BEEN SHOWN, THOSE OC THOSE UNITS HAVE BEEN OCCUPIED BY NEWER TENANTS THAT HAVE NO IDEA OF THE PREVIOUS ISSUES OR COMPLAINTS FROM THE TENANTS THAT MOVED OUT.UH, THIS CONCLUDES MY PRESENTATION PENDING ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH 10 F CONSISTING OF EXHIBITS 1, 3, 5, 7, AND NINE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS 2, 4, 6, 8, AND 10, MARKED AS TWO A THROUGH TWO G, FOUR A THROUGH 4G, SIX A THROUGH SIX F EIGHT A THROUGH EIGHT I, AND 10 A THROUGH 10 F, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
BEFORE I READ THE RECOMMENDATION, I HAVE A REQUEST BECAUSE SOME OF THE ORDERS ARE ESSENTIALLY THE SAME.
PLEASE ALLOW ME TO READ TWO REPRESENTATIVE ORDERS, UM, WITH THE UNDERSTANDING THAT WE ARE REQUESTING FIVE SEPARATE ORDERS, UH, ONE FOR EACH OF THE FIVE STRUCTURES.
STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN EACH OF THE FIVE CASES AND FOR CASES CL 2 0 2 6 DASH OH 7 4 23 REGARDING BUILDING FOUR, UNIT 2 26 CL 2 0 26 0 7 4 2 8 REGARDING BUILDING 12, UNIT 2, 7 4 AND CL 2 2 6 0 7 4 29.
REGARDING BUILDING 14 EXTERIOR STAFF REQUESTED THE COMMISSION TO ORDER THAT THE OWNER COMPLETE THE FOLLOWING.
ONE, PROVIDE A WRITTEN ENGINEERING REPORT TO THE COMMISSION'S COORDINATOR PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS THAT THROUGH AN ONSITE INSPECTION EVALUATES THE CURRENT AND LONG TERM STRUCTURAL INTEGRITY OF THE STAIRWAYS DECKS, PORCHES, AND BALCONIES REFERENCED IN THE CITED VIOLATIONS ADDRESSED IN THE NOTICE OF VIOLATION TWO WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, A, OBTAINED AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED, UH, OR COMMERCIAL MULTIFAMILY STRUCTURES AND IDENTIFIED IN THE, UH, ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH TWO A AND TWO B AND THREE ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE, UH, UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL FOR CASES CL 2 0 26 0 7 4 1 6 REGARDING BUILDING FOUR, UNIT 1 26 AND CL 2 0 26 DASH OH 7 4 26.
REGARDING BUILDING FOUR, UNIT 2 28 STAFF REQUESTS THAT THE COMMISSION 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 INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, 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 A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND THAT THE CITY CONCLUDES THIS PRESENTATION.
OWNER CASCADE, S-D-P-L-L-C PRESENT, NO ONE ON THE LINE.
NO, WE WILL NOW TAKE PUBLIC COMMENTS.
MAY I PROCEED? MY, MY NAME IS CHRIS CRAFT.
I'M A LICENSED MASTER SOCIAL WORKER HERE IN AUSTIN, SUPPORTING VULNERABLE FOLKS IN OUR COMMUNITY.
I HAVE BEEN SUPPORTING THE FORMER RESIDENT OF UNIT 2 7 4, HEATHER REYES.
MS. REYES IS HERE TONIGHT AND SHE'LL SPEAK WITH YOU BRIEFLY IN A MOMENT.
I WANNA ADDRESS TWO THINGS, WHAT MS. REYES EXPERIENCED IN UNIT 2 74 AND WHAT I'M ASKING THIS COMMISSION TO DO ABOUT IT TONIGHT.
ON DECEMBER 1ST, 2025, 10 DAYS AFTER MOVING IN, MS. REYES EMAILED THE LEASING OFFICE TO REPORT RATS IN HER CEILING.
SHE URGENTLY REQUESTED AN INSPECTION AND PEST CONTROL, BUT DESPITE THAT NOTICE AND HER REPEATED FOLLOW-UP OVER THE NEXT SIX MONTHS, THE INFESTATION WAS NEVER RESOLVED.
[01:40:02]
CITY INSPECTOR ERIC FINN OBSERVED RODENT DROPPINGS BEHIND THE STOVE IN UNIT 2 7 4.THE NOTICE OF VIOLATION WAS ISSUED THREE DAYS LATER AND CONFIRMED WHAT MS. REYES HAD BEEN REPORTING FOR MONTHS, AN ACTIVE INFESTATION IN HER HOME.
TWO DAYS AFTER THE NOTICE OF VIOLATION WAS ISSUED BY THE CITY MANAGEMENT SENT MS. REYES A MESSAGE REGARDING PEST CONTROL.
THE MESSAGE STATED THAT UNLESS SHE COULD VISUALLY CONFIRM CURRENT RODENT ACTIVITY, THEN WE WILL REMOVE YOU FROM THE LIST.
THAT WAS CASCADE'S WRITTEN RESPONSE TO A TENANT BEGGING FOR HELP AFTER THE CITY HAD ALREADY CONFIRMED AN ACTIVE INFESTATION.
SIX WEEKS LATER, ON MAY 27TH, INSPECTOR FINN RETURNED TO UNIT 2 74 AND WATCHED A RAT CRAWL FROM BENEATH THE REFRIGERATOR.
THIS WAS NOT SIMPLY A RESIDENCE REPORT, IT WAS A CITY INSPECTOR'S FIRSTHAND OBSERVATION, NEARLY SIX MONTHS AFTER MS. REYES FIRST ASKED CASCADE FOR HELP, I ALSO WANT THE COMMISSION TO UNDERSTAND WHAT THIS MEANT FOR MS. REYES AS A PERSON.
BY THE SPRING, SHE COULD NOT ENTER HER APARTMENT ALONE.
SHE NEEDED SOMEONE TO GO INSIDE WITH HER BEFORE ENTERING.
SHE WOULD BANG ON THE DOOR AND WALLS TO TRY TO SCARE THE RATS AWAY.
SHE FELT UNSAFE IN THE SPACE THAT WAS MEANT TO BE HER HOME.
SHE LOST SLEEP AND SHE CRIED AT WORK.
I ALSO WANNA ADDRESS THIS PROPERTY'S HISTORY BEFORE THIS COMMISSION IN SEPTEMBER, 2024.
THIS COMMISSION EXTENDED SIGNIFICANT GRACE TO CASCADE.
IT REDUCED ACCRUED CIVIL PENALTIES FROM MORE THAN $18,000 TO ONLY $8,000 ON CASES WHICH ALSO INVOLVED INFESTATION.
DURING THAT HEARING, THE PROPERTY REPRESENTATIVE ASKED FOR A SUBSTANTIAL REDUCTION AND EXPLAINED WHY.
SHE SAID, AND I QUOTE, A PRETTY BIG REDUCTION WOULD BE NICE IN A SENSE THAT TAKES AWAY FROM THE PROPERTY AND WE'D LOVE TO MAKE SURE TO USE THAT MONEY TO MAKE REPAIRS FOR THE RESIDENTS.
MS. REYES IS ONE OF THOSE RESIDENTS.
APPROXIMATELY 20 MONTHS AFTER THAT REPRESENTATION WAS MADE TO THIS COMMISSION, A CITY INSPECTOR WATCHED A RAT CRAWL THROUGH HER KITCHEN.
THE PROBLEM HAD BEEN REPORTED FOR MONTHS.
THE CITY HAD ISSUED A NOTICE OF VIOLATION AND STILL THE INFESTATION REMAINED.
I RESPECTFULLY ASKED THE COMMISSION TO ISSUE A FIRM REPAIR ORDER WITH A 30 DAY COMPLIANCE DEADLINE FOR UNIT 2 74 AND THE OTHER MATTERS BEFORE YOU TONIGHT, NO MORE EXTENSIONS, NO MORE FINE REDUCTIONS.
MS. RE MS. REYES RELOCATED EARLIER THIS MONTH TO SAFE HOUSING, BUT SHE LEFT BEHIND MANY NEIGHBORS WHO CONTINUE TO EXPERIENCE ONGOING HARM AT CASCADE.
I WOULD OFFER THAT THE RESIDENTS HAVE WAITED LONG ENOUGH AND I WOULD ALSO OFFER THAT THIS COMMISSION HAS AS WELL.
THANK YOU, MR. RAF, MS. REYES.
THERE RE IS BEFORE I BEGIN, I, I RECOGNIZE YOU'VE HEARD A LOT REGARDING CASCADE APARTMENTS AND IT'S, UH, MANY UNITS, BUT I'M NOT JUST UNIT 2 74.
I'M NOT JUST A COMPLAINT OR A CASE.
THE, AND THIS WAS MY HOME LAST YEAR.
I MOVED FROM GEORGIA TO TEXAS LOOKING FOR A FRESH START.
LIKE A LOT OF PEOPLE WHO, UH, WHO MOVE HERE.
I CAME TO AUSTIN HOPING TO BUILD A BETTER LIFE FOR MYSELF.
I WORKED HARD BALANCING MULTIPLE JOBS, SAVED MY MONEY, AND FOUND HOUSING I COULD AFFORD TO MAKE THAT HAPPEN.
I WAS EXCITED TO FINALLY HAVE A PLACE OF MY OWN, BUT ONLY DAYS AFTER MOVING INTO MY APARTMENT AT CASCADE, I STARTED HEARING RATS IN THE CEILING.
AT FIRST I THOUGHT IT WOULD, IT WOULD BE FIXED QUICKLY.
I REPORTED IT, THEN I REPORTED IT AGAIN AND AGAIN.
MONTH AFTER MONTH, I KEPT ASKING FOR HELP BECAUSE I JUST WANTED TO FEEL SAFE IN MY OWN HOME.
MY ANXIETY BECAME OVERWHELMING BEFORE GOING INTO MY APARTMENT, EXCUSE ME, I WOULD BANG ON THE DOOR AND WALLS TO TRY TO SCARE THE RATS AWAY.
I WOULD, I WAS AFRAID TO WALK INTO MY OWN KITCHEN.
I STOPPED FEELING COMFORTABLE IN MY HOME.
I CRIED BEFORE WORK AND AFTER WORK.
THERE WERE DAYS WHEN I COULDN'T BRING MYSELF TO GO INSIDE UNLESS SOMEONE CAME WITH ME.
NOBODY SHOULD HAVE TO LIVE THAT WAY.
WHAT HURTS MOST IS THAT THIS WASN'T A PROBLEM THAT MANAGEMENT DIDN'T KNOW ABOUT.
THIS WAS IN FACT HAPPENING WELL BEFORE I EVEN MOVED IN.
AND, AND IF SO, THE REALITY OF ALL THE TENANTS THAT STILL HAVE TO LIVE THERE AND FACE EVERY DAY I REPORTED IT, YET MONTHS WENT BY WHILE I CONTINUE LIVING WITH RODENTS IN MY APARTMENT.
THE TRUTH IS, I'M NOT THE SAME PERSON I WAS BEFORE ALL OF THIS LIVING THERE CHANGED ME.
IT TOOK AWAY MY SENSE OF SAFETY AND PEACE IN MY OWN HOME.
I EVENTUALLY HAD TO LEAVE EARLIER THIS MONTH.
[01:45:01]
I'M GRATEFUL FOR THE, UH, FOR THE OPPORTUNITY, BUT MANY OF MY NEIGHBORS, INCLUDING THE KIDS, ARE STILL LIVING AT CASCADE AND DEALING WITH THE CONDITIONS THAT NO TENANT SHOULD HAVE TO ACCEPT.I'M HERE TONIGHT BECAUSE I DON'T WANT ANYONE ELSE TO GO THROUGH WHAT I WENT THROUGH.
I RESPECTFULLY ASK THE COMMISSION TO HOLD THE PROPERTY ACCOUNTABLE AND MAKE SURE THAT THE NECESSARY, NECESSARY REPAIRS ARE COMPLETED.
THANK YOU FOR YOUR TIME AND FOR LISTENING TO MY STORY.
UH, MR. KRAFT, YOU ALL WERE NOT HERE EARLIER, UNFORTUNATELY.
I HAVE TO ASK YOU PROCEDURALLY, CAN YOU RAISE YOUR RIGHT HAND FOR ME AND WE OKAY.
YOU GAVE ME NOTES SAYING THAT WE WERE REACHED SWORN IN.
UNLESS THERE'S ANY OBJECTIONS, I'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH TWO G THREE, FOUR A THROUGH 4G FIVE, SIX A THROUGH SIX F SEVEN, EIGHT A THROUGH EIGHT I NINE, 10 A THROUGH 10.
HEARING NONE THE EXHIBITS ARE ADMITTED.
COMMISSIONERS THERE AREN'T, THE OWNER IS NOT PRESENT.
UH, ANY QUESTIONS FOR STAFF? UH, MY QUESTION IS, UM, IT SAYS THAT THEY'RE ON THE REPEAT OFFENDER, RIGHT? SO, UM, HAVE THEY DONE ANYTHING TO MITIGATE THIS PROBLEM? THE, I'M TALKING ABOUT THE RODENT PROBLEM, AT LEAST THAT NOT IN MY VIEW EVEN, UH, DOING SOME FOLLOW UP INSPECTIONS, I HAVE NOTICED AN A, A, B, C, PEST CONTROL VEHICLE THERE.
BUT ANYTIME I HAVE ASKED, UH, MANAGEMENT THAT IS CURRENTLY THERE, OR HIGHER MANAGEMENT FOR ANY LIKE INVOICES OR ANYTHING TO VERIFY THAT THEY PROVIDED SOME TYPE OF PEST CONTROL, BE IT FOR RASO COCKROACHES, I HAVEN'T GOTTEN ANYTHING, SO I CAN'T VERIFY WHAT A B, C PEST CONTROL DID IF THEY DID ANYTHING AT THIS PROPERTY.
HOW LONG HAVE, UM, HOW LONG HAS THE CITY KNOWN ABOUT THIS PROPERTY? UH, I BELIEVE THE FIRST CASE CAME IN EARLY APRIL, AND IT WAS MAINLY THIS YEAR.
WELL, FOR THE MORE RECENT COMPLAINTS.
NOW LAST YEAR THERE MAY HAVE BEEN A COMPLAINT OF TWO, BUT THOSE WERE RESOLVED.
BUT THIS YEAR, SINCE APRIL, UH, IT STARTED AT BUILDING FOUR, THEN IT PROGRESSED TO OTHER BUILDINGS BUILDING 3, 2 12, UH, 1411.
MOTION TO CLOSE THE PUBLIC HEARING.
I I JUST HAD A COUPLE QUESTIONS.
UM, DO, CAN SOMEONE, UH, THE MINOR I, I, I REMEMBER THESE APARTMENTS I BELIEVE ARE, ARE, ARE THESE APARTMENTS NOT PART OF A LOW INCOME HOUSING PROGRAM? DON'T THEY GET SOME SORT OF TAX BENEFIT? DOES ANYONE KNOW, UH, THE STATUS OF THAT OR ARE THEY JUST A PURE PRIVATE ENTITY? I MIGHT BE THINKING OF A DIFFERENT APARTMENT COMPLEX, LIKE HAT, HAT SEAT, NOTHING LIKE THAT.
UH, AND THEN MY QUESTION FOR, FOR LEGAL IS, UH, I MEAN, IS IS, IS THIS A NON IBLE DUTY IN TERMS OF THE, THE OWNER HERE? LIKE IS THERE ANY CONTRACT THAT COULD HAVE BEEN WRITTEN THAT UH, RELIEVES THE OWNER OF THEIR DUTY TO REMOVE THIS ROAD? INFESTATION NO.
UNDER, UNDER CITY ORDINANCE? NO, NOT THAT I'M AWARE OF.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? IS IT MOVED? MOTION BY, UH, COMMISSIONER MUSGROVE? IS THERE A SECOND? SECOND.
COMMISSIONER NARO, DO A VOICE VOTE.
WE'LL ADOPT STAFF'S FINDINGS OF FACT CONCLUSIONS OF LAW STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING CHANGES FROM ITEM TWO TO BE 30 DAYS.
ITEM THREE TO BE 30 DAYS, 31ST DAY.
WE'LL CHANGE THAT FROM 1000 TO 2000 PER WEEK.
SECONDED BY COMMISSIONER MUSGROVE CHAIR.
UM, SO THE ORDERS HAVE DIFFERENT, THERE'S TWO DIFFERENT, UH, RECOMMENDED ORDERS AND THE NUMBERING IS DIFFERENT ON THE TWO DIFFERENT ORDERS, I THINK.
YEAH, WELL TYPICALLY WE HAVE ONE ORDER THAT ENCOMPASSES THEM ALL.
IT'S, IT'S TWO ORDERS THAT ENCOMPASS FIVE.
ONE OF THE ORDERS HAS A, UH, ENGINEERING REPORT, UM, INCLUDED
[01:50:01]
OR TWO, THREE OF THEM.OKAY, SO WHERE, WHERE'S THE OTHER ORDER? CAN WE PUT THEM ON THE SCREEN? UM, SO ON, SO THIS IS THE ORDERS NEEDS TO BE FOR BUILDING 14.
EXTERIOR ITEM NUMBER ONE IS THE ENGINEERING REPORT.
ITEM NUMBER TWO IS WITHIN 45 DAYS.
OBTAIN AND FINALIZED THE NORMAL REPAIR ORDER.
AND THESE TWO CASES, THAT'S, IS IT JUST SUFFICIENT TO READ THE BUILDING OF SONYA AND THE UH, UNIT NUMBERS OR DO WE NEED ALL THE CODE? ALL THE, UH, OKAY, SO IT LOOKS LIKE CL 2 0 2 6 DASH ONE, EXCUSE ME.
REGARDING BILL BUILDING 12, UNIT 2 74 CL 2 0 2 6 0 7 1 4 9 2 9 REGARDING BUILDING 14.
DOES THAT COVER IT? YOU GAVE ME A MUCH MORE.
ALRIGHT, SO WE'LL START AT THE TOP.
THIS IS TO COVER CL 2 0 2 6 0 7 1 4 1 6.
REGARDING BUILDING FOUR, UNIT 2, 2, 6, 0, 7.
REGARDING BUILDING FOUR, UNIT 2, 2, 8, 0, 7.
REGARDING BUILDING 12, UNIT 2 74 AND ZERO SEVEN.
1 4 2 9 REGARDING BUILDING 14 EXTERIOR THAT COVER IT.
I THINK MELANIE'S GONNA HELP, UM, EXPLAIN IT.
SONYA, DOES, DOES HE HAVE TO READ THE CLS OR CAN HE JUST READ THE BUILDING? AND THEN THE NEXT TWO, THE, JUST FOR CLARIFICATION, MR. EVERYONE, IS IT EVERY CASE NUMBER IS ATTACHED TO A BUILDING NUMBER AND UNIT? CORRECT.
AND THAT'S WHAT YOU READ INTO THE RECORD ALREADY? YES.
SO I THINK JUST FOR EASE WE CAN READ THE YES.
SO IF WE READ THE BUILDING NUMBER AND THE UNITS, THEN WE HAVE ALREADY IN THE RECORD THE CASE NUMBER THAT APPLIES TO EACH BUILDING NUMBER AND UNIT.
SO FOR YOUR MOTION, IF YOU'LL JUST CLEARLY STATE WHICH BUILDING AND UNIT NUMBERS EACH OF, UH, EACH OF THE TERMS APPLY TO.
SO ESSENTIALLY IT WOULD BE TWO CHUNKS.
SO WE HAVE BUILDING, I HEAR BUILDING FOUR, WHICH HAS THREE UNITS.
MY UNDERSTANDING FROM STAFF'S RECOMMENDED ORDER IS THAT THERE ARE, THERE IS I THINK ONE OR TWO UNITS THAT HAVE THE ENGINEER'S REPORT THREE UNITS.
THREE, ONE FROM BUILDING FOUR, ONE FOR BUILDING 12, ONE FROM BUILDING 14.
AND THEN THE OTHER TWO UNITS IN BUILDING FOUR DO NOT REQUIRE AN ENGINEERED REPORT.
SO FOR BUILDING FOUR UNITS, 1 26 AND 2 28, I'M GONNA CHANGE THAT TO 30 DAYS TO OBTAIN OR FINALIZE REPAIR REQUEST INSPECTION, 41ST, EXCUSE ME, 31ST DAY, THE PENALTY OF $2,000 PER WEEK FOR BUILDING FOUR UNITS.
TWO 20, EXCUSE ME, 2 26 BUILDING 12 UNIT 2 74 BUILDING 14 EXTERIOR AGAIN 30 DAYS.
OBTAIN AND FINALIZE REPAIR, OBTAIN ENGINEERING REPORT REQUIRE INSPECTIONS ON THE 31ST DAY WE'LL MOVE TO 2000 A WEEK.
YES, I RIGHT A SECOND AND THERE'S A SECOND AGAIN, SIR.
ANY DISCUSSION? DO A ROLL CALL VOTE.
GIVE MY MASTER PAPER HERE SOMEWHERE.
[01:55:01]
MARTINEZ.LET'S MOVE ON TO, UM, ITEM NUMBER SEVEN.
CAN I GO AHEAD AND READ SIX INTO THE THE RECORD? YES, SIR.
UM, WE'RE PULLING SIX COMMISSIONER.
OH, HERE IT'S UM, ITEM NUMBER SIX, CL 2 0 2 6 DASH OH 2 6 4 8 4.
UM, REGARDING 1 0 1 5 EAST 10TH STREET, AKA NINE 16 WALLER STREET HAS BEEN PULLED FROM THE AGENDA, UM, AT THE REQUEST OF THE OWNERS AND IT WON'T BE HEARD TONIGHT.
[7.Case Number: CL 2026-056139]
SEVEN ON THE AGENDA IS CASE NUMBER CL 2 0 2 6 0 5 6 3 9 AND IS REGARDING A FIRE DAMAGE COMMERCIAL STRUCTURE ON THE PROPERTY LOCATED AT 1 7 1 7 EAST 12TH STREET.THE STAFF EXHIBITS CAN BE FOUND IN THE BURNT ORANGE BOOKS IN YOUR READERS AND GOOGLE DRIVE HOLDER.
HERE ARE SOME FACTS ABOUT THE PROPERTY.
THIS CASE WAS OPENED IN JULY, 2025 AS THE RESULT OF A COMPLAINT.
THE PROPERTY SUFFERED A BUILDING FIRE ON APRIL 30TH, 2023.
UM, THE 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 CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTING, AND A FIRE INCIDENT REPORT.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO H IN THE RECOMMENDED ORDER CODE.
INSPECTOR HAYDEN ASTON IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR ASTON, PLEASE BEGIN YOUR TESTIMONY.
I'M AN INSPECTOR FOR THE AUSTIN DEVELOPMENTAL SERVICES CODE COMPLIANCE DEPARTMENT.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A COMMERCIAL PROPERTY LOCATED AT SEVEN 17 EAST 12TH STREET.
ACCORDING TO THE TRAVIS CENTRAL APPRAISAL DISTRICT, THE OWNER OF RECORD HAS BEEN IDENTIFIED AS CONNOR LINDA G ON JULY 10TH, 2025, THE CASE WAS OPENED AND I WAS TRANSFERRED THE CASE AT A LATER DATE.
THE COMPLAINT FOR THE PROPERTY LOCATED AT SEVEN 17 EAST 12TH VIA AN ANONYMOUS 3 1 1 COMPLAINT.
IT SHOULD BE NOTED THAT AN EMERGENCY BOARD AND SECURE WAS COMPLETED AT THE PROPERTY BEFORE IT WAS TRANSFERRED TO ME.
THE BOARD AND SECURE WAS COMPLETED ON JULY 25TH, 2025.
ON OCTOBER 13TH, 2025, I PERFORMED AN INITIAL INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
I OBSERVED SEVERE DAMAGE TO THE OVERHANG AT THE FRONT OF THE BUILDING AS WELL AS THE ROOF.
THE ROOF AND THE OVERHANG HAD BEGUN TO COLLAPSE AT THE FRONT OF THE BUILDING.
THE EXTERIOR WALLS AT THE FRONT OF THE BUILDING HAD SMALL HOLES AND THE EXTERIOR WALLS AT THE BACK OF THE BUILDING WERE DAMAGED AND LOOSE.
I OBSERVED CRACKS IN THE GLASS DOOR AT THE FRONT OF THE BUILDING.
THE PROPERTY IS COVERED IN GRAFFITI AS WELL.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING DESCRIPTION OF THE VIOLATIONS ON JANUARY 8TH, 2026, I'VE RECEIVED NO CONTACT FROM THE OWNER, INCLUDING NO RESPONSE TO MY NOVI PERFORMED FOLLOW UP INSPECTIONS AND OBSERVED THE VIOLATIONS HAVE NOT BEEN CORRECTED.
THE OVERHANG HAS COMPLETELY COLLAPSED IN THE BACK OF THE BUILDING, HAS FALLEN INTO FURTHER DISREPAIR.
THE PROPERTY HAS BECOME A DUMPING GROUND FOR ALL SORTS OF TRASH AND DEBRIS INCLUDING FURNITURE.
THERE ARE SAFETY CONCERNS DUE TO THE COLLAPSED OVERHANG AND ROOF COLLAPSING FURTHER AS WELL AS THE INTERIOR PORTION OF THE BUILDING BEING OPENED TO WEATHER ELEMENTS AND RODENTS AND INSECTS.
THE PROPERTY IS ALSO LOCATED WITHIN TWO BLOCKS AWAY FROM MIDDLE SCHOOL.
I'M ESCALATING THIS CASE FORWARD DUE TO THE OWNER NOT RECTIFYING THE VIOLATIONS.
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.
THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY SHOWING THE COLLAPSED OVERHANG AS WELL AS THE CRACKED GLASS DOOR AS WELL AS THE BOARDED UP WINDOWS.
UH, EXHIBIT TWO B IS A CONTEXTUAL PHOTO THAT SHOWS THE RIGHT SIDE OF THE BUILDING, INCLUDING GRAFFITI.
UM, EXHIBIT TWO C UH, THIS IS THE BACK OF THE BUILDING SHOWING SOME OF THE DAMAGED EXTERIOR WALLS AS WELL AS THE LARGE AMOUNT OF TRASH AND DEBRIS.
THIS IS A CLOSEUP OF THE DAMAGED, UH, WALLS AND PART OF THE WOOD MISSING.
YOU CAN ALSO NOTICE DISCOLORATION ON THE BRICKS.
THIS IS ANOTHER ANGLE, UH, OF THE DAMAGED WALLS AT
[02:00:01]
THE BACK OF THE BUILDING SHOWING PART OF THE FIRE DAMAGE.EXHIBIT TWO F UH, SHOWS A DAMAGED PORTION OF THE ROOF.
THERE ARE PANELS MISSING, ALLOWING WEATHER ELEMENTS TO ACCESS THE INTERIOR PORTION OF THE BUILDING.
EXHIBIT TWO G UH, THIS IS JUST PHOTOS OF DUMPED BRUSH AS WELL AS FURNITURE ON THE PROPERTY.
THIS IS ANOTHER ANGLE SHOWING THE DAMAGED PORTION OF THE WALLS, INCLUDING FIRE DAMAGE AND GRAFFITI.
THIS CONCLUDES MY TESTIMONY AT THIS TIME BECAUSE OF, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACTS 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 DAMAGE, COMMERCIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RAKED AND C REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
AUTHORIZE THE CODE OFFICIAL, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE FIRE DAMAGE COMMERCIAL ACCESSORY, THE FIRE DAMAGE COMMERCIAL STRUCTURE, AND ANY ACCESSORY STRUCTURES, UM, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
INTEREST SHALL ACCRUE A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND THAT THE CITY CONCLUDES ITS PRESENTATION.
UH, DO WE HAVE AN OWNER PRESENT OR ONLINE COMMISSION? NO ONE'S PRESENT UNLESS THERE'S ANY OBJECTION.
EXHIBIT ONE TWO A THROUGH TWO H.
HEARING NONE EXHIBITS ARE ADMITTED.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
MOTION BY COMMISSIONER MUSGROVE.
COMMISSIONERS IS THERE A QUESTION OR A MOTION? MOTION I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
IS THAT MOTION BY COMMISSIONER RIVERA? A SECOND? SECOND.
ANY QUESTIONS OR COMMENTS? WE'LL GO TO A ROLL CALL.
[8.Case Number: CL 2019-088182 ]
ONTO CASE EIGHT.ITEM NUMBER EIGHT ON THE AGENDA.
CL 2 0 1 9 DASH OH 8 8 180 2 IS A RETURNING CASE REGARDING THE PROPERTY LOCATED AT 2 3 0 3 BEND RIDGE TRAIL STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS REGARDING A RESIDENTIAL STRUCTURE THAT SUFFERED DAMAGE FROM A GAS EXPLOSION.
THIS IS A RETURNING CASE ORIGINALLY BROUGHT TO THE COMMISSION IN OCTOBER OF 2019.
IN JANUARY OF 2020, THE COMMISSION ISSUED AN ORDER FOR REPAIR WITHIN 89 DAYS WITH A PENALTY OF $50 PER WEEK TO BEGIN TO ACCRUE ON THE 90TH DAY IF REPAIRS WERE NOT COMPLETE.
AS OF TODAY'S DATE, THE PROPERTY REMAINS IN VIOLATION AND THE CIVIL PENALTY TOTAL IS $16,057 AND 14 CENTS AND CONTINUES TO ACCRUE THE STRUCTURES OR THE STRUCTURE REMAIN REMAINS IN DISREPAIR, CREATES A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS WITH SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
WE ARE NOW RECOMMENDING A NEW REPAIR ORDER TO SUPERSEDE THE EXISTING ORDER, UM, WHICH WOULD INCREASE THE PENALTIES FOR NON-COMPLIANCE FROM $50 PER WEEK TO $250 PER WEEK IN YOUR READER OR GOOGLE DRIVE HOLDER.
YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE THROUGH EIGHT F EXHIBIT NINE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
[02:05:01]
TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, A FIRE INCIDENT REPORT, A COPY OF THE EXISTING BSC ORDER TRV 2 0 2 0 1 5 6 5, AND A PENALTY STATEMENT THROUGH TODAY'S DATE.AND EXHIBIT 10, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS 10 A THROUGH 10 F IN THE RECOMMENDED ORDER CODE.
INVESTIGATOR FARRAH PRESLEY IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND WILL DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS FARRAH PRESLEY AND I'M THE INVESTIGATOR FOR THE CASE REVIEW AND ESCALATIONS TEAM WITH AUSTIN DEVELOPMENT SERVICES.
THE PROPERTY 2303 BEN RIDGE TRAIL IS BEING BROUGHT FORTH TONIGHT DUE TO BEING AN AGE CASE WITHOUT ANY REPAIRS.
I'VE HAD THIS CASE SINCE JANUARY OF 2020.
THIS PROPERTY HAS BEEN AN ACTIVE CASE SINCE OCTOBER 27TH, 2018 WHEN A THREE OH ONE CALL WAS RECEIVED.
THIS CASE WAS HEARD IN JANUARY OF 2020.
THE BSC COMMISSION ORDER WAS APPEALED BY THE PROPERTY OWNER'S LAWYER.
ADDITIONAL AGREEMENTS WERE MADE BETWEEN THE CITY ATTORNEY AND ATTORNEY REPRESENTING THE PROPERTY.
DUE TO THE DAMAGE NOT BEING THE FAULT OF THE OWNER.
THE AGREEMENT WAS GIVEN TO AN EXTENDED AMOUNT OF TIME IN A VERY LOW FINE UNTIL THE LAWSUIT WAS SETTLED.
WHEN FUNDS WERE RELEASED TO THE OWNER, THE AGREEMENT WAS THEN TO GIVE THE OWNER 120 DAYS TO DO REPAIRS AND IF ALL VIOLATIONS WERE REPAIRED AND CLOSED OUT, THE FINES ASSESSED WOULD BE FORGIVEN.
WE WERE BRINGING THIS CASE BACK DUE TO THE UNDERSTANDING THAT THE PROPERTY OWNER HAD HAD THE FUNDS PAID OUT IN THE BEGINNING OF JANUARY OF 2024.
THE PROPERTY OWNER HAS BEEN LIVING IN THE STRUCTURE SINCE THE BSC ORDER WAS PUT IN PLACE.
NO REPAIRS HAVE BEEN MADE, NO PERMITS HAVE BEEN OBTAINED.
THE PROPERTY OWNER HAS NOT HAD ANY CONTACT WITH THE CODE NOR ALLOWED ACCESS INTO THE STRUCTURE TO SEE IF ANY VIOLATIONS HAVE BEEN CORRECTED.
PLEASE SEE PICTURES MARCH 10, A THROUGH 10.
A TO F 10 A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
NEXT PHOTO, 10 B IS A CONTEXTUAL PHOTO OF THE DAMAGE TO THE STRUCTURE.
NEXT PHOTO 10 C IS A CLOSEUP VIEW OF THE ROOF DECKING THAT'S WARPED AND DAMAGED A HOLE IN THE ROOF THAT HAS NOT BEEN REPAIRED.
10 D IS A CLOSEUP VIEW OF THE MISSING SIDING.
THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY AFTER THE EXPLOSION NEXT DOOR WHEN THE ORIGINAL VIOLATION HAPPENED.
NEXT PHOTO, UH, 10 F SHOWS THE ROOF LINE INSIDING AND THAT THE DAMAGE THAT HAS NOT BEEN CHANGED AND NOT BEEN REPAIRED IN ANY WAY.
THIS PROPERTY HAS HAD A REPAIR ORDER FOR SIX YEARS WITHOUT ANY WORK BEING DONE.
NO COMMUNICATION FROM THE PROPERTY OWNER AND THE LAWSUIT WAS SETTLED JANUARY OF 2024.
I'M AVAILABLE FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED DANGEROUS WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS NINE AND 10 CONSISTING OF EXHIBIT NINE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS 10 A THROUGH 10 F, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
STAFF ASKED THE COMMISSION TO ADOPT THE FOLLOWING ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE.
FINDING OF FACT, THE COMMISSION ISSUED ITS CURRENT ORDER, TRV 2 0 2 0 0 1 5 6 5 0 ON JANUARY 22ND, 2020.
AND THIS WILL BE CALLED THE 2020 ORDER.
FINDING A FACT THE 2020 ORDER WAS NOT TIMELY APPEALED IN THE TIME PERIOD IN WHICH THE 2020 ORDER COULD HAVE BEEN APPEALED, HAS LAPSED FINDING A FACT IN ITS 2020 ORDER.
THE COMMISSION ASSESSED A CIVIL PENALTY OF $50 PER WEEK TO BEGIN TO TO BEGIN ON THE 90TH DAY FROM THE DATE THE ORDER WAS MAILED.
TO DATE, THE PROPERTY REMAINS IN VIOLATION AND THE PENALTIES ACCRUED HAVE ACCRUED IN THE AMOUNT OF $16,057 AND 14 CENTS AND CONTINUE TO ACCRUE.
STAFF ASKS THE COMMISSION TO TAKE THE FOLLOWING ACTIONS.
ONE ISSUE A NEW REPAIR ORDER THAT WILL SUPERSEDE THE 2020 ORDER, UH, RECORDED AS T RV 2 0 2 0 0 1 5 6 5 0 IN TRAVIS COUNTY DEED RECORDS ON JANUARY 30TH, 2020.
AFFIRM THE CIVIL PENALTY OF $16,057 AND 14 CENTS ASSESSED FROM THE 2020 ORDER AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE ORDER THE OWNER COMPLETE THE FOLLOWING 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 INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH THREE A AND THREE B AND FOUR ON THE 46 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 WITHOUT THE CITY CONCLUDES ITS PRESENTATION.
[02:10:11]
ARE YOU REPRESENTING THE OWNER? I'M, WERE YOU HERE EARLIER TO BE SWORN IN? I, I WAS.UH, GOOD EVENING, UH, MEMBERS OF THE COMMISSION.
I AM REPRESENTING THE PROPERTY AT 2303 BENBRIDGE TRAIL.
THAT PROPERTY DOES BELONG TO MY PARENTS, UH, SO THANK YOU FOR LETTING ME REPRESENT THEM.
UH, I OBVIOUSLY WE'RE ALL AWARE OF THE, THE, UH, GAS EXPLOSION THAT TOOK PLACE, THAT TOOK SEVERAL YEARS.
THAT EXPLAINS A LOT OF THE GAP.
UM, PAST THAT MY BOTH MY PARENTS ARE, UH, SUFFERING FROM ILLNESSES, UH, DEMENTIA.
UH, AS OF RECENTLY, UH, MY MOTHER HAS NOW GONE INTO STAGE FOUR, UH, KIDNEY DISEASE.
SO THOSE, THOSE SCENARIOS KIND OF TOOK, UH, PRESIDENCY OVER EVERYTHING.
HOWEVER, NOT THE SHIFT RESPONSIBILITY.
WHEN THE VERY LITTLE TIMES I GOT INVOLVED WITH THE ATTORNEY, UM, I WAS UNDER THE IMPRESSION THAT EVERYTHING WAS SETTLED AS FAR AS, UH, NOW SHAME ON ME.
YES, I UNDERSTAND CODE COMPLIANCE, UH, BUT I DID NOT KNOW THERE WAS, UH, FINES ACCRUING OTHERWISE.
THIS WOULD'VE BEEN HANDLED, YOU KNOW, IN A LOT, UH, IN A BETTER TIMEFRAME.
UM, I ALSO WANNA APOLOGIZE FOR MY UNPROFESSIONALISM.
I'VE NEVER BEEN IN A SETTING LIKE THIS.
AND AFTER LISTENING TO THE CASES PRIOR, I REALIZED HOW UNPREPARED I AM.
I RECENTLY GOT INVOLVED WITH THIS ON THE 19TH OF JUNE, AND THE ONLY REASON I DID, UH, I KNEW ANYTHING ABOUT IT IS BECAUSE I ACTUALLY, UH, WENT TO GO GET MY MOTHER'S MOUTH AND I NOTICED THE CERTIFIED LETTER IN THERE IMMEDIATELY I KIND OF PICKED UP ON WHAT, WHAT'S GOING ON.
SO I APPLIED FOR A REMODELING PERMIT.
UM, I GOT THE EMAIL TODAY THAT WE ARE MISSING A FEW ITEMS TO COMPLETE IT, SO I WILL, YOU KNOW, PRIORITIZE THAT.
UM, I HAVE PROVIDED A PROOF OF FUNDS, UH, THAT WE CAN AT LEAST TAKE THE FIRST STEP.
UH, THE, WHAT WE PROVIDED, UH, WAS A WHAT LOOKS LIKE A VAGUE, UH, ESTIMATE, BUT HOWEVER, THE PERSON THAT DID IT, UH, HAS A LOT OF CREDIBILITY BEHIND HIM.
HE IS THE PERSON THAT THE BIG CONSTRUCTION COMPANIES HIRE AS A SUBLET.
HOWEVER, IF DEMOLITION HAS TO HAPPEN, THEN SO BE IT.
BUT WHAT I DO WANT TO TELL YOU IS, UH, MY WIFE AND I MOVED FROM CEDAR PARK.
WE'VE BEEN IN CEDAR PARK FOR THE LAST, UH, NINE YEARS, WITH THE EXCEPTION OF THIS PAST YEAR.
WE MOVED CLOSER BECAUSE OF THE HEALTH ISSUES.
NOW THAT THIS HAS, UH, COME FORWARD, I DO WANT TO ASK THAT TO ALLOW ME THE CHANCE TO MAKE THIS RIGHT, YOU, UH, MAKE IT COMPLIANT.
UM, I'M USUALLY THE PERSON IN THE FAMILY THAT EVERYONE GOES TO FOR MAKING SURE THINGS GO RIGHT.
THIS AGAIN, I, AGAIN, SHAME ON ME FOR IGNORING THIS, THIS LONG, BUT I HONESTLY DID NOT KNOW THAT, UH, UH, FINES WERE OCCURRING.
UH, WHAT I WAS HOPING TO GET OUT OF THIS IS TO SEE IF WE CAN, UH, GET A, UH, CONTINUATION OF THE CASE, JUST 'CAUSE I HAVE, I'VE ONLY HAD SINCE LAST FRIDAY TO PREPARE FOR ANY OF THIS.
UM, OBVIOUSLY THE PROOF OF THE FUNDS ARE, ARE THERE.
WE, THE FOUNDATION OF THE HOUSE IS GOOD.
SO IF REMODELING NEEDS TO TAKE PLACE, IT IT, IT'S WITHIN STANDARDS.
BUT AGAIN, HOWEVER, I PLAN TO GET SOME SECOND OPINIONS JUST TO MAKE SURE, UH, I, I DO UNDERSTAND CODE COMPLIANCE WILL HAVE TO GO IN AND ALSO GIVE THEIR POINT OF VIEW ON EVERYTHING AS WELL.
BUT THE CONTINUATION OF THE CASE IS REALLY WHAT I WAS KIND OF HOPING FOR TODAY.
AND I WILL BE WAY MORE PREPARED NEXT TIME AROUND FOR YOU GUYS.
AND NOW I HAVE MORE INFORMATION AND DETAIL.
UM, I DID, UH, I DID ASK IF BRINGING MEDICAL PROOF OF MY PARENTS' HEALTH WAS NEEDED.
I COULD STILL PROVIDE IT IF YOU WANT.
NOT THAT THAT EXCUSES ANYTHING, BUT I CAN DO THAT FOR YOU GUYS.
YOU HAVE ANY QUESTIONS FOR MR. ROCHA? NO.
UM, MR. ROCHA, WOULD YOU LIKE TO SUM UP WHAT YOU'D LIKE THE COMMISSION TO ACTION YOU'D LIKE TO SEE US TAKE TONIGHT? A CONTINUATION OF THE CASE WOULD BE, WOULD BE, UH, HELPFUL.
[02:15:01]
I, IN THE FEW DAYS I WILL, I, I'D LIKE TO ADD IN A FEW DAYS THAT I'VE BEEN MAKING CALLS AND WORKING WITH EVERYONE.I WILL SAY EVERYONE'S BEEN EXTREMELY HELPFUL, EXTREMELY INFORMATIVE, AND IF THAT CONTINUES, I HAVE NO DOUBT THAT I CAN BRING THIS TO A RESOLUTION.
UM, WHAT I, WHAT I DO KNOW IS MY PARENTS CANNOT AFFORD TO LOSE THAT PROPERTY.
MY WIFE AND I ARE IN THE PROCESS OF SIGNING 'EM UP FOR MEDICARE AND ALL THAT.
UH, THE SETTLEMENT WAS COMPLETED.
UNFORTUNATELY, MOST CASES LIKE THAT NEVER ARE.
UH, SOME OF THE, A LOT OF THE FUNDS HAVE BEEN ALLOCATED TO, UH, THEIR HEALTH UNTIL WE GET, MY DAD'S HASN'T WORKED, UH, FOR THE LAST, I DON'T KNOW, SIX YEARS.
WE HAVE NOT SET HIM UP FOR RETIREMENT.
UM, AGAIN, SHAME ON US FOR THAT, BUT A CONTINUATION, JUST SO I CAN BE MORE PREPARED.
AGAIN, KNOWING WHAT I'M UP AGAINST NOW, UH, I'D BE A LOT MORE PREPARED.
UM, I'LL MAKE A LOT MORE PHONE CALLS, GET MORE INVOLVED.
AND AGAIN, EVERY STAFF MEMBER FOR THE CITY OF AUSTIN I'VE WORKED WITH HAS BEEN EXTREMELY HELPFUL.
SO IF THAT CONTINUES, I HAVE NO DOUBT THAT I CAN RESOLVE THIS FOR YOU GUYS AND GET THINGS IN COMPLIANCE.
UH, COMMISSIONERS, UNLESS THERE'S ANY OBJECTIONS, STAFF, I BELIEVE THE EXHIBITS ARE NINE 10 A THROUGH 10 F AND THEN THERE'S A FEW OWNER EXHIBITS.
IS THAT CORRECT? THERE WERE TWO, TWO OWNER EXHIBITS THAT WERE SHOWN ON THE SCREEN.
JUST ONE OF THEM'S MARKED TO BE EX ADMITTED.
IT SAYS OWNER EXHIBITS, BUT IT EXHIBIT NINE AND 10.
SO IT'S OWNER EXHIBITS 10, NINE, AND 10, CORRECT.
AND OWNER EXHIBIT TO 10 F IS CORRECT? YES.
SO THE EXHIBITS TO BE ADMITTED ARE NINE 10 A THROUGH 10 F AND THEN THE OWNER EXHIBIT 10, NO, CORRECT.
NINE IN EXHIBITS 10 THROUGH 10 A, UH, NINE IN EXHIBITS 10 A THROUGH 10 F AND THE OWNER'S EXHIBIT.
UH, HEARING NONE, THE EXHIBITS ARE ADMITTED.
COMMISSIONERS, ARE THERE QUESTIONS FOR THE OWNERS OR STAFF COMMISSIONER MARTINEZ? YEAH.
UM, QUESTION FOR THE, FOR THE OWNER OR THE OWNER'S SON YES.
UM, THIS IS, THIS IS REALLY JUST TO HELP ME UNDERSTAND, UH, 'CAUSE WE SEE CASES LIKE THIS WHEN, UM, THE OWNERS DON'T RESPOND AND WE WONDER IF THERE'S SOMEBODY ELSE THAT CAN HELP THEM, LIKE, LIKE IN YOUR CASE.
UM, ARE YOU SAYING YOU DIDN'T KNOW ANYTHING ABOUT, ABOUT, UM, VIOLATIONS? I WA I WASN'T AWARE.
I, I DID ASK, SO MY YOUNGER SIBLING WAS THE ONE THAT WAS DIRECTLY INVOLVED WITH THE, UH, ATTORNEY, WHICH WAS MARK MCCLAIN.
AND HE PASSED AWAY, UH, A YEAR AGO THIS MONTH.
I THINK HE HAD ALL THE VITAL INFORMATION THAT WAS NOT SHARED, UH, AT LEAST WITH ME ANYWAYS.
UM, MY PARENTS, THERE'S A LANGUAGE BARRIER.
SO ANY MAIL I, AND I UNDERSTAND SOMETIMES THE MAIL GETS SENT IN BOTH LANGUAGES, SO IT'S NOT NON EXCUSE MM-HMM
BUT FOR THE MOST PART, I THINK THE, UM, THEIR HEALTH IS KIND OF WHAT TRUMPED EVERYTHING.
UM, AND I THINK THAT'S THE REASON WHY IT WAS PUSHED OFF.
BUT AGAIN, NOW, NOW THAT IT'S FULLY TO MY ATTENTION MM-HMM
I, I, I DON'T PROCRASTINATE LIKE THAT.
I WILL MAKE SURE THAT IT'S, WHETHER IT'S DEMOLITION THAT NEEDS TO TAKE PLACE OR RECONSTRUCTION.
AND WHEN DID THIS EXPLOSION HAPPEN? UH, WAS IT IN 2018? OKAY.
AND IT, UM, HOWEVER THE CASE CLOSED, THERE WAS NO FUNDING TILL 24.
UM, AND AGAIN, IT, IT WAS NOT TO THE AMOUNT THAT WE THOUGHT THERE WAS INSURANCE ON THE HOUSE.
HOWEVER, THE INSURANCE ONLY PAID OFF THE REMAINING BALANCE.
SO THERE WAS NO EXTRA FUNDS TO TRY TO REBUILD AT THE TIME.
HOWEVER, WHEN THE CASE WAS GOING, IF I RECALL CORRECTLY, UM, EVERYTHING WAS ON PAUSE BECAUSE IT WAS UNDER INVESTIGATION.
THE INVESTIGATION IS WHAT FROZE EVERYTHING FOR A LONG PERIOD OF TIME.
BUT AGAIN, I, I WAS NOT DEEPLY INVOLVED IN THE CASE.
UH, IT WAS BETWEEN MY, MY SIBLING AND MY PARENTS FOR THE MOST PART.
SO, AND THAT'S KIND OF WHY I SAY I CAME REALLY UNPREPARED FOR THIS.
I DID NOT KNOW IT WAS GONNA BE THIS AND THAT, BUT THAT, THAT, THAT KIND OF IS THE, THE BIG GAP.
AND THEN THEIR HEALTH STARTED DECLINING.
SO AGAIN, THERE WAS A LOT OF HOSPITAL VISITS.
MY WIFE AND I MOVED SOUTH JUST TO BE MORE OF AN AID.
UM, DOES THAT KIND OF HELP OR? YEAH, IT, IT, IT HELPS.
SO WOULD YOU SAY, IN YOUR OPINION,
[02:20:01]
SHOULD YOUR PARENTS BE LIVING THERE? SO NOBODY LIVES THERE.I'M NOT SURE WHERE THAT CAME ABOUT.
UH, NEIGHBORS WILL PARK CARS THERE BECAUSE THEY KNOW THAT NO ONE, YOU KNOW, IS THERE.
WE HAVE ANOTHER PROPERTY, UH, DOWN THE STREET FROM THERE.
SO THE, SO THERE'S NO REAL MOTIVATION TO REPAIR IT? THERE IS NOW IF THEY DON'T NEED TO BE THERE, THERE IS NOW.
BUT NO, NOBODY, I, I THINK THAT THAT'S WHAT I THOUGHT I HEARD.
WE STARTED CLEANING A LITTLE BIT, BUT, UM, NOW I KIND OF PAUSED EVERYTHING UNTIL A PERMIT.
A PERMIT WAS JUST TO AVOID ANY FURTHER ISSUES.
AND, AND Y'ALL DO WANT TO REPAIR IT? YES.
DO THEY PLAN ON MOVING BACK? IT, THAT, THAT'S A POSSIBILITY? YES.
IF NOT PUTTING IT UP FOR RENT.
AND AGAIN, THEY DON'T HAVE ANY INCOME, SO IF I CAN HELP THEM IN THAT AND PUT A TENANT IN THERE, HAVE SOME, HAVE SOME, UH, INCOME COMING IN, I, THAT'S, THAT'S KINDA MY INTENTION.
HOWEVER, I KIND OF JUST PUT IT ON BACK BURNER.
'CAUSE WITH MY MOM BEING STAGE FOUR KIDNEY DISEASE AND, UH, EITHER A TRANSPLANT OR, UH, DIALYSIS, WE DON'T KNOW HOW THE FUNDING'S GONNA COME THERE.
SO WE'VE BEEN FRUGAL WITH WHAT WE HAVE ON RESERVE.
IN CASE WE HAVE TO GO THAT ROUTE.
COMMISSIONER, FURTHER QUESTIONS? YEAH.
AND I KNOW I'M ASKING FOR A LOT THERE, BUT I HAVEN'T WORKED WITH THIS CONTRACTOR.
I DON'T KNOW THE SPEED, I DON'T KNOW THE LENGTH.
THIS, THIS CREW, I DON'T KNOW ANY OF THAT DETAIL YET.
BUT AGAIN, IF I GET THE CONTINUATION OF THE CASE, I CAN HAVE ALL THAT PREPARED FOR THE NEXT GO AROUND FOR YOU GUYS.
UM, YEAH, MY, UH, I JUST WANTED TO CHECK AND SEE IF YOU WERE HERE WHEN WE WERE TALKING ABOUT, UM, THE FACT THAT YOU CAN SUBMIT EXPENSES TO OFFSET.
AND, AND I AND I, AND I, UH, I WAS TOLD THAT PRIOR TO COMING HERE, UM, IT WAS A LOT OF INFORMATION TO TAKE IN FROM FRIDAY TO NOW, BUT AGAIN, EVERYONE I'VE SPOKE TO LITERALLY HAS BEEN EXTREMELY HELPFUL, CONTRARY TO WHAT PEOPLE SAY ABOUT CODE VIOLATIONS AT CODED BOSTON.
I HAVE NOT WITNESSED THAT AT ALL.
YOU GUYS HAVE BEEN EXTREMELY HELPFUL IF THAT CONTINUES.
I, I, I, I'M HAPPY TO TAKE THIS ON FROM MY PARENTS AND HELP THEM OUT.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
MOTION BY COMMISSIONER MUSGROVE.
UH, COMMISSIONER RIVERA VOICE VOTE.
IS THERE A MOTION ON THE MATTER? OKAY.
UM, I LOST MY PLACE IN MY LITTLE BOOKLET.
UM,
UM, I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENT TO THE ORDER.
UH, ITEM THREE, UH, ORDER THE OWNER TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED IN NUMBER FOUR, ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY.
ROLL CALL VOTE WE CLEAR ON THE MOTION.
COPY OF THE ORDER WILL BE MAILED TO YOU.
WE'RE MOVING NOW ON TO, UH, DISCUSSION ITEMS. JAMES, PLEASE STAY HERE, RIGHT? YES.
YEAH, WE WILL COVER THESE IN A MOMENT.
[02:25:02]
WELL, IT LOOKS LIKE JAMES IS TIED UP.[10. Discussion regarding resource binder to be used for reference by the Commission at their public meetings.]
WE GO AHEAD AND MOVE TO ITEM 10 DISCUSSION REGARDING THE RESOURCE BINDER TO BE USED FOR REFERENCE BY THE COMMISSION AT THEIR PUBLIC MEETINGS.AND THAT'S FOR YOU TOO, MELANIE.
WELL, HERE'S WHERE THIS CAME FROM IS ONE OF THE THINGS THAT I'VE FOUND, UH, AS A COMMISSIONER IS THAT THERE'S A LOT OF INFORMATION THAT'S ON THIS IPAD RIGHT HERE, BUT TRYING TO MOVE THROUGH THAT WHILE WE'RE WORKING.
SO I DIDN'T EVEN LOOK AND LATER I WOULD LOOK THROUGH THIS AND THEN WE WOULD LEAVE HERE.
THE IDEA HERE IS THAT REALLY HAVE THIS INFORMATION RIGHT IN FRONT OF US.
UM, THE RULES, THE REGS, THE BYLAWS, APPEAL OPTIONS, WE GET APPEALS THAT COME FROM TIME TO TIME.
IT'S MUCH EASIER JUST TO FLIP TO THAT THAN TRY TO TAB THROUGH ALL THIS WHILE YOU HAVE EXHIBITS OPEN IN FRONT OF YOU AT THE SAME TIME.
SO FOR ME, IT WAS JUST A, A WAY TO APPROACH THIS A LITTLE BIT EASIER.
THERE'S A MOTION SHEET THAT'S IN HERE.
AGAIN, ALL THESE ITEMS ARE ON THIS LITTLE COOL IPAD, BUT THIS PROVIDES THIS RIGHT IN FRONT OF US.
ADDITIONALLY, THERE'S A CALENDAR IN HERE AND SOME OTHER ITEMS. I'LL LET MELANIE GO THERE ANYWAY.
AND JUST IN TALKING, THIS KIND OF CAME UP OUT OF THIS WAS TO PROVIDE THIS TO COMMISSIONERS AT THE MEETING.
THEY'LL CHANGE THE CALENDAR AND IF, IF SOME OF THESE OTHER THINGS CHANGE, WE'LL UPDATE THEM AT THE TIME.
BUT THIS WILL BE SOMETHING THAT'LL BE HERE FOR YOU TO HAVE AT THE MEETINGS.
WON'T BE SOMETHING WE'LL TAKE AWAY AND THEN BRING BACK.
BUT THAT'S ALL I'VE EVER WANTED.
YOU CANNOT TAKE THESE HOME 'CAUSE WE KNOW WHAT'LL HAPPEN.
UM, I I MAYBE IN, IN THAT REGARD TO, TO LOOK THROUGH THIS, WHAT WE COULD DO IS, I'M, I'M SURE THERE'S A, THIS IS A FILE.
IF WE WANTED TO PROVIDE THE FILE TO A FILE, CAN WE EMAIL THAT TO OUT TO THE COMMISSIONERS AND YOU GUYS KIND OF LOOK THROUGH THAT? YES.
THEN YOU'LL KNOW DRIVE WHATEVER IS EASIER.
I CAN SEND IT TO YOU AS A FILE OR AS A FLASH DRIVE.
I CAN BRING FLASH DRIVE TO THE NEXT SEND.
I THINK JUST EMAILING THE FILE IS FINE.
AND THEN WE CAN HAVE THESE, BUT THAT'LL GIVE YOU TIME TO LOOK THROUGH WHAT'S THERE.
AND SO YOU'LL KNOW AND BE ABLE TO UTILIZE IT IF YOU'LL LEAVE THESE COPIES HERE, AND THEN WE'LL HAVE THEM, AND I'M GONNA RETAB THEM.
THEY, WE JUST DIDN'T HAVE ALL THE TABS.
UM, IF YOU SEE ANYTHING ELSE THAT YOU THINK WOULD BE HELPFUL, LET US KNOW.
WE CAN ALWAYS ADD IT TO THE NOTEBOOKS.
I DID HAVE ONE ITEM I THOUGHT WOULD BE GOOD IS WHAT I FIND REALLY HELPFUL IS THERE ARE SO MANY, I ACTUALLY HAVE A TAB ON THIS OF THE GLOSSARY.
C, C, DI MEAN, DSDS, CREDS, ALL THOSE THINGS.
THEY GO, WHAT IS THAT AGAIN? UH, DO YOU WANT I'M GETTING 'EM DOWN, BUT I'VE BEEN HERE A WHILE.
THAT'S A POOL YOU GUYS SWIM IN AND WE JUST TOUCH ONCE A MONTH.
SO IT'D BE HELPFUL MAYBE IF WE PUT THAT GLOSSARY IN HERE AS WELL.
I THINK, I DON'T KNOW ABOUT YOU, BUT SOMETIMES I THINK IT'S IMPORTANT FOR ME TO KNOW WHAT YOU'RE TALKING ABOUT WHEN YOU REFERENCE A CERTAIN ENTITY ADDITION.
AND LIKE WE SAID, YOU KNOW, BEING ABLE TO READ THIS PRIVATELY AWAY FROM HERE BECAUSE WE'RE NOT GONNA BE ABLE TO READ THIS SITTING IN THIS ROOM.
I WILL EMAIL YOU ALL TOMORROW WITH THE, THAT'D BE GREAT.
I CAN AND IS IT, DOES IT HAVE ANY CHANCE TO GO THROUGH THIS? DOES THIS INCLUDE, UM, SONYA'S PRESENTATION OR ALL THE PRESENTATIONS? NO, YOU HAVE THAT IN A, WE GAVE THAT TO YOU TO TAKE TIME.
SO ALL THE, EVERYTHING THAT SHE PRESENTED WAS IN THAT BOOKLET.
THAT BOOKLET THAT YOU GOT AT THE, AT THE, THE RETREAT POWERPOINT, RIGHT? YES.
'CAUSE I, I CAN SOME SEND YOU THE POWERPOINT ALSO TOO.
I MEAN, SONYA'S PRESENTATION IN PARTICULAR WAS WONDERFUL.
YEAH, THIS WAS VERY, I DIDN'T REMEMBER IT ALL.
THE PHRASE DRINK A FIRE HOSE COMES TO MIND AFTER THAT.
WE'LL, ANY OTHER QUESTIONS THEN ON 10? THANK YOU GUYS.
[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.]
GO BACK TO NINE JAMES.WELL, ONLY TO SAY THAT, UM, YOU KNOW, THIS IS ONE OTHER OPPORTUNITY FOR THE COMMISSIONERS AFTER GOING THROUGH THE RETREAT TO, UM, GIVE US A NEW GOALS AND OBJECTIVES FOR THE COMING YEAR.
SO ANYTHING THAT YOU'RE INTERESTED IN TRACKING, UM,
[02:30:01]
ANY, ANY METRIC THAT YOU WOULD LIKE US TO KEEP TRACK OF? I DON'T HAVE ANY, OH, GO AHEAD.SO FOR, FOR YOUR EDIFICATION, THAT PROCESS HAS CHANGED FROM WHAT IT HAS BEEN IN THE PAST.
AND, AND JAMES AND I HAVE BEEN LOOKING, THE, THE CHAIR HAS TO FILL OUT A FORM AND IT'S PRETTY EXTENSIVE AND THERE'S A LOT MORE THAT THEY'RE ASKING, WHICH IS OKAY.
BUT WE, WE'VE GOT TO CHANGE GEARS A LITTLE BIT IN TERMS OF WHAT WE'VE BEEN, UH, WHAT DATA HAVE WE'VE BEEN, UH, TRACKING.
AND SO WE'RE GONNA MAKE THAT CHANGES AND THEN WE'LL BRING SOME OF THAT BACK TO THE COMMISSIONERS TO TAKE A LOOK AT AS WELL IN THE FUTURE.
UM, SOME OF IT ARE ITEMS THAT, AND THIS COMES OUT OF OUR CONVERSATION AT THE STAFF MEETING BECAUSE WE ARE SO UNIQUE IN WHAT WE DO.
AND SO SOME OF THE THINGS THAT THEY'RE ASKING FOR DON'T QUITE FIT INTO THAT PROCESS.
AS OPPOSED TO LOTS OF OTHER COMMISSIONS.
SO SOME OF THOSE THINGS WON'T APPLY, BUT SOME OF THEM DO.
AND I THINK THOSE, SOME OF THOSE THINGS I THINK WE CAN BE MORE EFFECTIVE AT.
GIVE THEM THE COMM COUNCIL MEMBERS WHAT, WHAT THEY'RE LOOKING FOR THERE.
SO WE'LL WORK TOGETHER ON THAT TO MODIFY THAT.
DOES THAT MAKE SENSE? VAGUELY.
THE, UH, IF YOU WERE ABLE TO ACCESS THE QUESTIONNAIRE OR REPORT THAT THIS IS GONNA BE FORMULATED INTO, UM, THE BUZZWORD YOU'D NOTICE IS RECOMMENDATION.
SO MOST BOARDS AND COMMISSIONS, THAT'S KIND OF ALL THEY GET TO DO IS JUST MAKE A RECOMMENDATION TO COUNSEL.
YOUR ORDERS ARE, YOU KNOW, THEY'RE FILED WITH TRAVIS COUNTY, THEY ARE BINDING, UM, APPEALABLE.
SO, UM, YOU KNOW, YOU, YOU GUYS ARE JUST OPERATING ON A, YOU KNOW, THIS LEVEL HERE VERSUS MOST OTHER BOARD OR COMMISSION.
I DON'T, I DON'T HAVE ANY OTHER DATA CALL OUTS.
I THINK PROBABLY I, I TRUST YOUR WHATEVER, WHATEVER YOU PUT TOGETHER.
UM, I, I DO JUST WANNA FLAG AS A REQUEST FOR, UM, MAYBE A, A FUTURE RETREAT IS TO HAVE A REPORT OUT ON SOME OF THAT DATA COLLECTION THAT IS WHATEVER IS INCLUDED IN, EXCUSE ME, IN THAT ANNUAL REPORT.
[FUTURE AGENDA ITEMS]
CAN I MOVE TO FUTURE AGENDA ITEMS OR WE YES, I BELIEVE SO.FUTURE AGENDA ITEM, ENOUGH TIME WILL HAVE PASSED THAT WE'LL BE PAST THAT 45 DAYS IF WE CAN VISIT THAT ISSUE IN ON THE NEXT AGENDA.
SO ENOUGH TIME SHOULD HAVE GONE BY TO KIND OF SEE WHERE WE'RE AT ON THAT AND IF THERE ARE ANY ADDITIONAL RECOMMENDATIONS THAT NEED TO COME BACK TO THE COMMISSION.
ACTIONABLE ITEMS. I MEAN, I HEARD, I HEARD IT CLEARLY TONIGHT.
IF I, IF I UNDERSTOOD IF I, UH, AM MAKING THE CALCULATION CORRECT.
I THINK THEIR COMPLIANCE DEADLINE IS JULY THE 18TH AND THEN YOUR NEXT MEETING IS JULY.
UM, IT WOULD BE THE, AFTER THE 18TH BASED ON WHEN THEIR, WHEN THE ORDER WENT OUT.
THEIR COMPLIANCE DEADLINE WAS JULY 18TH.
SO THAT WAS, AND OUR MEETING'S THE 22ND.
SO ON ON CODE'S END, DO WE, HAVE WE HEARD ANYTHING ON THAT? IS THERE BEEN ANY MOVEMENT ON THAT OR? WE BASICALLY JUST KIND OF WAITING FOR THAT DEADLINE, BUT WE REALLY CAN'T DIVE INTO THE OKAY, GOTCHA.
IT'S NOT A POSTED AGENDA ITEM.
WE CAN JUST REQUEST THAT STAFF CAN COME BACK IN.
WITHOUT, WITHOUT GIVING TOO MUCH DETAIL.
UM, OF COURSE WE'RE, YOU KNOW, WE'RE, WE'RE DUE FOR 30 DAY FOLLOW UPS EVERY 30 DAYS.
AND GENERALLY SPEAKING, YOU'LL KNOW IF THEY GOT PERMITS OR NOT OR WHATEVER THE CASE MAY BE, JUST GENERALLY THAT IS CORRECT.
AND WE TALKED ABOUT THIS BRIEFLY IN THE LAST MEETING AND EVEN BRIEFLY AGAIN AT THE RETREAT ABOUT A VACATE ORDER THAT WE HAVE KIND OF SHIED AWAY FROM IN THE PAST.
AND, BUT I SEE HERE ON THE VERY LAST PAGE OF OUR FANCY NEW BOOK,
[02:35:01]
SECOND TO LAST PAGE, THERE'S, THERE ARE OPTIONS WITHIN, WITHIN THE LAW THAT ALLOW US TO REQUIRE VACATION WITHOUT GETTING TOO DEEPLY INTO IT.AND WE CAN ALWAYS CIRCLE BACK WHEN WE COME BACK TO BRANCHWOOD.
SOUNDS LIKE WE HAVE TO PUT BRANCHWOOD ON THE AGENDA FOR NEXT.
WELL, WE WOULD PUT IT ON FOR DISCUSSION.
I MEAN, WE HAVE AN ACTIVE ORDER ON IT.
SO THERE, IT'S REALLY, IT'S DONE BASICALLY.
I MEAN, UNLESS WE BROUGHT IT BACK TO YOU TO TRY TO GO FOR A DEMO, BUT I MEAN, THE WHOLE ISSUE LAST TIME OR, OR SOMETHING LIKE THIS IS IF IT'S OCCUPIED, YOU KNOW, AND IT'S OWNER OCCUPIED, THEN WE, IT WOULD BE HARD, WE WOULD BE HARD PRESSED TO ACTUALLY BE ABLE TO VACATE THEM EVEN IF YOU ORDERED IT IS KIND OF WHERE WE FELL.
I THINK ALSO, I THINK, BUT I'VE NEVER SEEN THIS KIND OF NEIGHBORHOOD ENGAGEMENT.
I THINK IT'S WORTH, UH, PROBABLY PUTTING ON THE AGENDA JUST TO RESPOND TO THEM AND SAY, WE'VE DONE X, Y, Z, WE'RE AT THE LIMIT OF OUR POWER.
YOU KNOW, THIS IS WHY WE'VE MADE THESE DECISIONS.
I, YOU KNOW, I, I, YOU KNOW, WE DON'T NECESSARILY HAVE TO DO THAT.
I THINK IT WOULD BE BEST, UH, AS THE COMMISSION TO BE AS COMMUNICATIVE AS POSSIBLE WITH THESE NEIGHBORS.
'CAUSE THEY ARE, THEY'RE A LITTLE DISSATISFIED WITH US AND I THINK THEY DESERVE A, AN EXPLANATION BASED ON, ON OUR DECISIONS.
IF WE, IF WE HAVE THE TIME TO GIVE IT TO 'EM, WE CAN DO THAT.
SO I THINK FROM A, FROM A LEGAL PERSPECTIVE, I THINK IF WE WANTED TO BRING IT BACK TO THE JULY AGENDA, WE COULD DO THAT FOR DISCUSSION AND STAFF.
I THINK THE ONLY, IF HYPOTHETICALLY IF WE WERE TO BRING IT BACK SO THAT THE COMMISSION COULD TAKE ADDITIONAL ACTION, I CONCERNED THAT WE WOULD NOT HAVE ENOUGH TIME TO MEET OUR NOTICE REQUIREMENTS.
UM, AND SO THAT'S WHY IF THERE WERE ADDITIONAL ACTION TO BE TAKEN OR NEW ACTION, IT WOULD HAVE TO WAIT UNTIL AUGUST AT AT LEAST BECAUSE AGAIN, OF, OF THE NOTICE REQUIREMENTS UNDER STATE LAW.
SO JUST A GENERAL UPDATE MM-HMM
I THINK THAT WAY IF ANY OF THEM ARE HERE YES.
OR IF THEY LOG IN ONLINE AND THEY WANT TO KNOW WHAT WE'RE DOING.
SO, UM, AND I GUESS JUST AS A, AS A QUESTION, IS THERE ANOTHER ENTITY WITHIN THE CITY OF AUSTIN THAT CAN CONDEMN A PROPERTY AND REQUIRE A VACATION? OKAY.
WE'RE KIND OF GETTING OFF THE PATH HERE A LITTLE BIT, BUT, UH, AS A, AS A DISCUSSION ITEM.
SO ARE THERE ANY OTHER ITEMS TO COVER TONIGHT? OKAY, CHAIR.
SO, UM, SORRY CHAIR, DO I UNDERSTAND CORRECTLY, ARE YOU WISHING TO FOR, UM, THAT ITEM TO BE A STAFF BRIEFING ON THE NEXT AGENDA? YES.
ANY OTHER DISCUSSION? YES, CHAIR.
UM, FOR FUTURE AGENDA ITEMS, UH, 1 0 1 5 EAST 10TH STREET, AKA NINE, UH, 9 1 6 WALLER STREET WAS PULLED FROM TONIGHT'S JUNE 24TH, 2026 MEETING.
AND WE INTEND TO BRING IT FOR HEARING AT THE, UH, JULY 22ND, 2026 MEETING.
UM, CAN I, NO, I GUESS I'M GONNA ASK NO, NO, YOU MAY NOT BRING UP ANY OTHER ITEMS. I'M GONNA ASK MELANIE TO, UM, UH, DID WE, WHERE, WHERE DID WE STAND ON, UM, THE PROPERTY THAT WANTED TO COME BACK FOR PENALTY RELIEF? UM, I GOT TWO NO.
LET ME DOUBLE CHECK MY NOTES, BUT I'M GONNA LOOK AT MY COMPUTER REAL QUICK.
I BELIEVE, UH, YEAH, CHAIR FRANCIS, YOU HAD SAID, I SAID BRING IT BACK.
YOU PREFER TO BRING IT BACK IN AUGUST.
VICE CHAIR MUSGROVE YOU SAID NO.
AND WE GOT ANOTHER, I DON'T CARE.
SO THAT'S NOT ENOUGH TO BRING OKAY.
BRING IT BACK IF, IF ANYONE ELSE WANTS TO HEAR IT.
UH, WELL, UH, PROCEDURALLY CAN THE, CAN, CAN THE CHAIR JUST PUT IT ON THE AGENDA? I'LL BE HONEST, I'LL NEED TO DOUBLE CHECK.
BUT WE CAN, CAN FOR ANOTHER TIME.
WE CAN ALWAYS CIRCLE BACK BECAUSE IF IT IS WITHIN YOUR DISCRETION, YOU IT AS, AS LONG AS IT'S WITHIN YOUR DISCRETION, YOU CAN ASK FOR IT TO BE BROUGHT BACK.
BUT IF IT REQUIRES A, UM, I GUESS A CERTAIN NUMBER OF COMMISSIONERS TO ALSO AGREE, THEN NO.
WE, WE, WE CAN CONNECT, WE'LL CONNECT LATER ON THE CHAIR.
[02:40:01]
ONE LAST THING BEFORE WE GO.THANK YOU GUYS FOR PUTTING THE RETREAT ON.
I ALWAYS FIND THAT TO BE A GREAT, I SENT SOME FOLLOW UP COMMENTS MM-HMM
UM, AND YOU'LL, YOU'LL SEE THAT I DO THAT AND IT WOULD REALLY BE, IF YOU COULD JUST ACKNOWLEDGE MY CHAIR WOULD LIKE THAT
OTHERWISE I'M JUST GONNA STOP SENDING THEM.
BUT THEY'RE THINGS FROM MY PERSPECTIVE OF WHAT I SEE THAT WE MAYBE NEED TO, I LIKE YEAH.
WELL WE GOT INTO THAT ON THE, WELL, LET'S, LET'S ADJOURN.
IS THERE A MOTION TO ADJOURN? SO MOVED.
ON THE, ON THE, UM, I'M TRYING CASE THAT YOU WANTED TO BRING BACK FOR PENALTY RELIEF.
IF YOU HAVEN'T RESPONDED TO ME, IF YOU'D LIKE TO HEAR IT OR DON'T WANNA HEAR IT, PLEASE RESPOND TO MY EMAIL.
IT'S IN YOUR, I SENT IT A FEW DAYS AGO, SO YOU SHOULD BE CHECK YOUR EMAIL AND THEN RESPOND.
AND THAT WAY WE MAY HAVE THAT ANSWERED WITHOUT.
THERE WAS A MOTION TO CONSIDERATION THAT WAS, SORRY.