[00:00:03]
[CALL TO ORDER ]
GOOD EVENING.WE'LL CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JULY 22ND, 2026.
LET THE RECORD REFLECT THE TIME IS 6 31.
I AM THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
THIS TIME WE'LL CALL ROLL AND ASK THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
QUICK REMINDER TO OUR COMMISSIONERS REMOTING IN PLEASE TURN ON YOUR CAMERA AND KEEP THAT ON.
SO IT'S TO MAINTAIN QUO BEFORE THE CASES ARE CALLED.
THE COMMISSION WILL ENTERTAIN PUBLIC COMMUNICATION ON ITEMS NOT ON TONIGHT'S AGENDA.
EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRE INTERPRETIVE SERVICES.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR SIX ITEMS ON THE POSTED AGENDA.
THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES IN ONE APPEAL, THE CASES WE BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, COMMISSION MAY TAKE CASES OUT OF ORDER AS IT DEEMS 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 CANALES WILL CALL EACH CASE ON THE AGENDA FOLLOWED BY TESTIMONY.
BOSTON DEVELOPMENT SERVICES WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS SHOULD THEY ARISE WHEN THE CASE IS CALLED.
WHEN YOUR CASE IS CALLED OVER THE REPRESENTATIVE OF THE PROPERTY, PLEASE COME FORWARD, UH, TAKE A SEAT NEAR THEIR PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, UNMUTE YOUR PHONE.
THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST, AND YOU'LL HAVE FIVE MINUTES TO DO SO.
THE OWNER WILL, REPRESENTATIVE, OWNER, OR REPRESENTATIVE WILL ATTEND, EXCUSE ME, 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 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 REPRESENTATIVE WITNESS ABOUT THEIR TESTIMONY.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
WHILE OUR DESIGNATED TIMEKEEPER THIS EVENING, PLEASE INTRODUCE YOURSELF.
JAMES EVERWINE WITH THE CITY OF AUSTIN.
AFTER THE OWNER, REPRESENTATIVE, AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK ADDITIONAL 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.
WE WILL GIVE THE PROPERTY OWNER'S REPRESENTATIVE OR APPELLANT THREE MINUTES TO SUMMARIZE AT THE CHAIR'S DISCRETION.
THE CITY MAY BE MAY PERMIT ADDITIONAL 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 BY TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK THOSE QUESTIONS WHEN YOUR CASE IS CALLED.
WITNESSES WILL TESTIFY UNDER OATH THIS EVENING.
ANY PERSON WHO WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND NOW 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, NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
IF THERE'S NOTHING FURTHER, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
WE WILL, UH, CHAIR, UH, COMMISSIONERS HAVE A LITTLE BIT OF A CHANGE.
UM, UNLESS THERE'S ANY OBJECTION, I'D REALLY LIKE TO MOVE TO
[00:05:01]
AGENDA ITEM NUMBER EIGHT, THE STAFF BRIEFING REGARDING THE PROPERTY AT 6,700 BRANCHWOOD DRIVE AND THE STATUS OF COMPLIANCE WITH THE COMMISSION'S, ORDERS FOR REPAIR ISSUED ON MAY 27TH, 2026 MEETING.ARE ANY OBJECTIONS? HEARING NONE.
[APPROVAL OF MINUTES ]
CAN WE GET THE MINUTES IN FIRST? I BELIEVE WE CAN.COMMISSIONERS REVIEW REVIEWED THE MINUTES.
I'LL ENTERTAIN A MOTION TO APPROVE.
I MOVE FOR APPROVAL OF THE MINUTES.
SECOND MINUTES FROM JUNE 24TH, 2026.
[8. Staff briefing regarding the property 6700 Branchwood Drive, and status of compliance with the Commission’s Order for repair issued at the May 27, 2026 meeting. ]
MOVE TO ITEM NUMBER EIGHT.THERE IS NO PUBLIC COMMUNICATION TONIGHT.
UM, I DON'T HAVE A FORMAL INTRODUCTION FOR THE STAFF BRIEFING, BUT, UM, AT YOUR PREVIOUS MEETING IN JUNE, YOU ASKED THAT, UH, WE PUT ON A STAFF BRIEFING FOR THE PROPERTY, 6,700 BRANCHWOOD DRIVE.
UM, INVESTIGATOR FARRAH PRESLEY HAS BEEN ASSIGNED THIS CASE AND SHE'S DOING THE FOLLOW UPS AND IS HERE TO PROVIDE HER, UM, INFORMATION ABOUT HER FOLLOW UP VISITS.
WE'VE HAD ABOUT FIVE CLEANUPS THERE OF THE, THE HOMEOWNER ACTUALLY HAVING THINGS DONE, BUT THEY DRAG MORE STUFF ON THE PROPERTY THAN WHAT THEY'RE GETTING CLEANED UP.
WE HAVE AN ACTUAL PROPERTY ABATEMENT DONE BY US.
WE'RE GONNA HAVE THAT DONE NEXT WEEK ON THURSDAY AND TRY AND MOVE THE SHED IN THE BACKYARD.
SO FAR, WE HAVE NOT GOTTEN ANY KIND OF COMPLIANCE FROM THE OWNER OR FROM THE OWNER'S DAUGHTER AND THE HOMELESS.
THERE'S STILL AN ISSUE OVER THERE.
QUESTION, QUESTIONS? DOES STAFF HAVE A REVISED? OH BOY.
IS THERE A A NEW STAFF RECOMMENDATION FOR THIS PROPERTY OR ARE WE HOLDING FIRM TO WHERE WE WERE? UH, YEAH.
THIS ITEM IS NOT POSTED FOR ACTION, SO, UH, WE WON'T BE TAKING UP ANY, ANY, UH, ACTIONS BY THE COMMISSION.
COULD WE ASK THAT STAFF COME BACK NEXT MONTH WITH ANOTHER BRIEFING? AND IF YOU RECOMMEND, SO, UH, FURTHER ACTION.
CAN I SAY THAT? COUNSELOR? COMMISSIONER, IF YOU ARE REQUESTING A FUTURE ITEM, I WOULD SAY WAIT UNTIL THE OPPORTUNITY FOR FUTURE AGENDA ITEMS, UM, SO YOU CAN MAKE YOUR REQUEST, RENEW YOUR REQUEST AT THAT TIME, SINCE THAT IS TECHNICALLY THE APPROPRIATE TIME ON THE AGENDA.
UM, AND I CAN OFFER SOME ADDITIONAL GUIDANCE AT THAT TIME.
UM, AND I'M SORRY, I, I GUESS I, I SHOULD LET YOU KNOW THAT SINCE THE, SINCE THE LAST MEETING, I BELIEVE THERE, THERE, UH, DEADLINE FOR COMPLIANCE WAS JULY THE 15TH.
SO THAT HAS ACTUALLY RUN OUT AND, UH, YOU KNOW, PRESENTLY, PRESENTLY I, IT'S ACCRUING OF PENALTY.
MAY I PROCEED TO CALLING THE CASES NOW AND BE READY WITH YOUR PRESENTATION WHEN YOUR CASE IS CALLED JAMES, PLEASE PROCEED.
[2. Case Number: CL 2026-076086 ]
TO CALL ITEM NUMBER TWO.ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2 2 6 0 7 6 0 8 6 AND IS REGARDING AN UNOCCUPIED RESIDENTIAL PROPERTY LOCATED AT 9 4 1 EAST 50TH STREET.
THE EXHIBITS CAN BE FOUND IN THE PURPLE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
[00:10:01]
OPENED IN JULY OF 2023.THERE ARE NO ACTIVE PERMITS FOR THIS PROPERTY TO ADDRESS THE NUMEROUS STRUCTURAL VIOLATIONS.
THIS RESIDENTIAL STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS THAT REQUIRES DEMOLITION.
IN YOUR READERS AND GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY.
A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS EXHIBIT TWO A, TWO A THROUGH 2K AND THE RECOMMENDED ORDER CODE.
INVESTIGATOR COURTNEY BRITT IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND DISCUSS THE VIOLATIONS AS ARE DEPICTED.
INVESTIGATOR BRITT, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS COURTNEY BRITT, CODE INVESTIGATOR FOR AUSTIN DEVELOPMENT SERVICES CODE COMPLIANT PROPERTY BEING BROUGHT BEFORE YOU TODAY IS SINGLE FAMILY RESIDENCE LOCATED AT 9 41 EAST 50TH STREET.
OWNER OF RECORD RECORD HAS BEEN IDENTIFIED AS ELLIOT P ESCALANTE FOR THE TRAVIS CENTRAL APPRAISAL DISTRICT ON JAN JULY 7TH, 2023.
WE RECEIVED A COMPLAINT FOR THIS PROPERTY VIA 3 1 1 FOR AN ABANDONED HOUSE WITH OVERGROWN VEGETATION.
INVESTIGATOR ALICIA TOVAR CONDUCTED AN INSPECTION ON JUNE 7TH, 2023, DOCUMENTED THE VIOLATION AND MAILED A NOTICE TO VIOLATION TO THE ODOR IDENTIFIED THAT SAME DAY FROM JULY, 2023 TO THROUGH APRIL OF 2025.
CODE INSPECTORS CONTINUED TO CONDUCT FOLLOW UP INSPECTIONS AND NOTICE DETERIORATING CONDITION OF STRUCTURE ON APRIL 14TH, 2025.
I ASSUME THE ROLE AS INVESTIGATOR ON THIS CASE.
I CONDUCTED AN INSPECTION AND NOTED 11 STRUCTURAL VIOLATIONS ON THE RESIDENCE.
I DOCUMENTED THE VIOLATIONS AND MAILED A NOTICE OF VIOLATION TO THE OWNER IDENTIFIED IN THE TRAVIS CENTRAL APPRAISAL DISTRICT ON APRIL 15TH, 2025.
THROUGH ADDITIONAL DEED RECORDS RESEARCH, I IDENTIFIED A SECONDARY ADDRESS WHERE THE OWNER RESIDE AS WELL AS TWO ADDITIONAL POTENTIAL ERRORS OR INTERESTED PARTIES.
UH, WITH ADDITIONAL NOTICES SAYING ON APRIL 17TH, 2025, THE OWNER CONTACTED ME AND REPORTED THE FOLLOWING.
SHE VISITED THE HOUSE ON A REGULAR BASIS TO CONFIRM THAT THE BOARDING IS SECURE AND TO KEEP UP WITH YARD MAINTENANCE.
THE FAMILY DOES NOT HAVE A CLEAR TITLE TO THE RESIDENCE DUE TO A NUMBER OF HEIRS NOT COOPERATING WITH THE LEGAL PROCESS.
I SPOKE TO MS. ESCALANTE AND AT LEAST ONE OTHER, ONE OTHER OCCASION TO EXPLAIN THE CODE COMPLIANCE ESCALATION PROCESS AND LIKELIHOOD OF THE CASE BEING HEARD BEFORE THE BUILDING STANDARDS COMMISSION.
UH, UPON RECEIPT OF THE NOTICE FOR A PREVIOUSLY SCHEDULED BSC HEARING IN MARCH, 2026, FAMILY REPRESENTATIVES CONTACTED STAFF.
THEY PROVIDED DOCUMENTATION THAT THEY HAD INITIATED A PARTITION ACTION IN DISTRICT COURT ON SEPTEMBER OF 24.
REVIEW OF THOSE DOCUMENTS SHOWED SEVEN PREVIOUSLY UNIDENTIFIED ADDITIONAL ERRORS.
CASE WAS PULLED FROM CONSIDERATION FROM THE MARCH BSC, SO THE NEWLY IDENTIFIED ERRORS COULD BE PROPERLY NOTICED REGARDING CODE VIOLATE.
AS OF MY MOST RECENT INSPECTION ON JULY 8TH, NO WORK IS COMMENCED TO ADDRESS THE DEFICIENCIES AND THE CONTINUE, THE CONDITION CONTINUES TO DETERIORATE.
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS.
PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PREMISES.
PLEASE NOTE THAT THE FRONT PORCH ROOF IS SIGNIFICANTLY OUT OF PLUM.
THIS IS A VIOLATION FOR VACANT STRUCTURES AND LAND SECTION 3 0 1 0.3.
PHOTO PHOTO TWO B DEPICTS THE OUT OF PLUM FRONT PORCH POSTS STRUCTURAL MEMBERS 3 0 4 0.4.
PHOTO PHOTO TWO C DEPICTS A CRACKED ROTTED AND WARPED DECK BOARDS ON THE FRONT PORCH OF THE RESIDENCE.
STAIRWAYS DECK PORCHES, UH, SECTION 3 0 4 0.1.
PHOTO PHOTO 2D IS WARPED GUARDRAILS ON THE FRONT PORCH WITH EXPOSED PASSENGERS AND PROTRUDING JAGGED WOOD BY, UH, DEFICIENCY FOR HANDRAILS AND GUARDS.
PHOTO PHOTO TWO E DEPICTS AB BOARDED WINDOWS WITH PLASTIC SHEETING IN LIEU OF GLAZING.
THIS IS WINDOW SKYLIGHT AND DOOR FRAMES 3 0 4 0.13.
PHOTO TWO F DEPICTS A PEELING AND FLAKING EXTERIOR PAINT CONSISTED WITH, UH, THE PAINTED SURFACES THROUGHOUT THE STRUCTURE.
THIS IS PROTECTIVE TREATMENT 3 0 4 0.2.
PHOTO TWO G DEPICTS A DILAPIDATED AND ROTTED EAVES AND DEGRADED SHINGLES ON THE FRONT PORCH.
ROOF PHOTO AND TWO H DEPICTS THE WARPED ROOF OF THE PRIMARY STRUCTURE, UH, SUGGESTING COLLAPSED TRUSSES OR RAFTERS AND COLLAPSED DECKING ROOFS AND DRAINAGE.
[00:15:01]
UH, SIDING REMOVED FROM THE REAR WALL OF THE STRUCTURE AND THE DETERIORATING CONDITION OF THAT WALL.EXTERIOR WALLS SECTION 3 0 4 0.6.
PHOTO PHOTO TWO J DEPICTS THE FOUNDATION WALLS CRACKED WITH SECTIONS MISSING THROUGHOUT THE VISIBLE PORTION OF THE STRUCTURE.
UH, ADDITIONALLY PLEASE NOTE THAT THE GAS SERVICE, WHICH THE METER HAS BEEN DISCONNECTED, BUT THE UH, SUPPLY LINE IS RIGHT IN THIS AREA OF THE, UH, CRACKED FOUNDATION.
NEXT PHOTO AND 2K DEPICTS THE COMPROMISED FOUNDATION.
PIERS, UH, ON THE CORNERS, THEY'RE SIGNIFICANTLY LEANING AND OUT OF PLUM.
THIS UNSAFE STRUCTURE IS ONE 11.1.
I'M AVAILABLE TO ANSWER ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
THOSE DESCRIBED IN THE FINDINGS OF PAC CODE OFFICIAL FOUND THAT THIS STRUCTURE AS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES AND REMOVE AS DEBRIS LEAVING THE LOT CLEAN AND RATE AND C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND ANY ACCESSORY STRUCTURES, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH.
B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION.
A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH TRAVIS COUNTY DEED.
RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
MY NAME IS ELIA P ESCALANTE, UH, MY MOTHER'S HOUSE.
UH, AFTER PAYING IT OFF, UH, I HAVE TO FIND SOMEONE WHO COULD HELP ME PROBATE IT 'CAUSE SIBLINGS WEREN'T RESPONDING.
UM, SO IT'S STILL ON PROBATE SINCE SEPTEMBER OF LAST YEAR.
HAVE NOT HEARD, SEEN ANY CHANGES AT ALL ON THAT ODYSSEY PORTAL.
MY ATTORNEY DOESN'T CALL ME, DOESN'T CONTACT ME, SO PRETTY MUCH LEFT ALONE.
UM, I'VE TALKED TO MR. UH, BRITT AND I'VE TALKED TO MR. JAMES AND I'VE EXPLAINED I'M HAVING TO PAY THE TAXES ON IT.
I HAVE A CONTRACT WITH THE CITY OF AUSTIN.
UM, MY ANNIE AND I, SHE'S 90 AND MYSELF.
WE GO OUT THERE ON, UH, TWICE A WEEK AND TRY TO AT LEAST LOOK AT AS DECENT AS POSSIBLE AS FAR AS FOUNDATION REPAIR.
IT'S, UM, AS TIME HAS GONE, IT HAS DETERIORATED.
UM, I'VE TALKED TO MR. BRENT ABOUT, UH, GETTING IT FIXED WHAT I NEEDED TO DO, BUT AGAIN, FINANCIALLY, I, I'M, I'VE TRIED AND MY, UH, FUNDS ARE TIED UP BETWEEN TAXES, 800 A MONTH AND IT'S BEEN VERY DIFFICULT.
AND, UH, NO OTHER HELP FROM ANYONE, YOU KNOW, SIBLINGS ANSWERING OR RESPONDING.
I DO HAVE A NIECE, MARY ANN CERVANTES.
UM, WHEN SHE GOT THE LETTER ABOUT ME PROBATING, THAT'S WHEN SHE, YOU KNOW, UH, CALLED ME AND, UM, STARTED TELLING ME SHE WA YOU KNOW, UM, THAT SHE DIDN'T WANT TO, HOW DO YOU SAY SHE DIDN'T WANT TO GET INVOLVED, WANTED TO GET INVOLVED IN ALL THIS.
AND, UH, BUT INSTEAD SHE GOT HER EMPLOYER TO REACH OUT INFORMATION ON THE PROPERTY, INTERESTED MORE ON THE PROPERTY THAN HELPING ME OUT.
SO, UM, I DON'T NEED PRESSURE WHEN I HAVE ALREADY PRESSURE HAVING TO PAY TAXES.
CITY OF AUSTIN, YOU KNOW, TELLING ME WHAT I NEED TO DO.
THEY'RE, THEY'RE RIGHT ON WHAT THEY'RE SAYING, YOU KNOW, BUT FINANCIALLY I JUST COULDN'T DO IT.
AND I'VE EXPLAINED TO THAT, UH, TO MR. BRITT AND MR. JAMES THAT I'VE COME IN THIS OFFICE AND TALKED TO 'EM PERSONALLY, AND MR. BRITT ON THE PHONE AND I REACHED OUT TO THEM EVERY
[00:20:01]
TIME I GET A NOTIFICATION.I DO NOT DISREGARD THAT, BUT IT IS HARD FOR ME TO DO THAT AT THIS POINT.
SEEING THE HOUSE, WHAT THEY SHOW ME, NOT WHAT THEY SHOW ME, WHAT I SEE EVERY TIME I GO OUT THERE TWICE A WEEK, I REALIZE THE HOUSE IS GETTING WORSE AND WORSE.
AND I AGREE WITH HIM ABOUT WE HAVE TO DEMOLISH THE STRUCTURE.
UM, PRIOR TO THIS LETTER, I HAD BEEN TALKING TO, UH, DIFFERENT, UH, PEOPLE THAT WOULD DEMOLISH IT.
UH, BEING WITH ON YOUR LIST, WHICH I DON'T HAVE A LIST OF CONTRACTORS Y'ALL USE.
SO AS A WOMAN, I DON'T KNOW MUCH ABOUT CONSTRUCTION OTHER THAN WHAT I ASK AND TRY TO GET INFORMATION.
AND, UH, SO I STOPPED DOING IT WHEN I TALKED TO THEM AND THEY SAID, YOU KNOW, BECAUSE WE HAVE TO NOTIFY YOUR SIBLINGS, THERE'S NOTHING WE CAN DO.
SO I STOPPED LOOKING AND THEN NOW I GET THIS LETTER AND I'M BACK OVER HERE.
YOU KNOW, HAVING TO DISCUSS IN FRONT OF A LOT OF PEOPLE, UH, THE SITUATION.
AND AGAIN, I'M IN AGREEMENT WITH MR. BRENT, IT IS TIME TO DEMOLISH.
THE TIME IS FINE BY, UH, IT SCARES ME.
IT STRESS ME OUT WHEN WE HAVE STORMS, WEATHER AND RAIN OF MY NEIGHBORS, I'M CONCERNED ABOUT MY NEIGHBORS, YOU KNOW, AND I TALK TO THEM AND THEY TALK TO ME AND THEY ASK ME WHAT'S GOING ON AND I TELL THEM.
SO IT'S NOT LIKE I'M IGNORING THE SITUATION.
I'M ON TOP OF IT, BUT FINANCIALLY IT'S A LITTLE DIFFICULT, YOU KNOW, TO, TO DO.
SO, AGAIN, I'M NOT DISAGREEING WITH MR. BRAND OR MR. JAMES.
THEY'VE BEEN VERY NICE TO ME AND HELPED ME AND SUGGESTED AND ADVICE AGAIN, LIKE I'VE TOLD THEM BEFORE, MY HANDS ARE TIED.
YOU KNOW, I HAVE TO PAY THE TAXES.
UM, AND THAT'S ALL I CAN SAY, YOU KNOW.
UH, BEFORE WE GO ON, DID, DID YOU HAVE ANY QUESTIONS FOR THE INSPECTOR ABOUT HIS PRESENTATION? NO, NO.
I MEAN, LIKE I SAID, I GO THERE PERIODICALLY AND I SEE IT.
I SIT IT AND WAITED IT AND NOW I'M HERE IN FRONT OF YOU GUYS.
DOES THE CITY HAVE ANY QUESTIONS? UH, FOR THE OWNER? NO.
UH, IN THE BEGINNING, MS. ESCALANTE, DID YOU SAY THE HOUSE WAS IN PROBATE? YES.
I EVEN GAVE THEM THE PROBATE, UH, NUMBER, THE CASE NUMBER, AND THAT'S HOW MY SIBLINGS STARTED GETTING LETTERS FROM THEM.
'CAUSE THEY SAID THEY HAD TO REACH OUT TO THEM FIRST.
UH, DO YOU HAVE A SPECIFIC ASK OF THE COMMISSION? UH, FOR, WELL, BASICALLY AGAIN, I AGREE ON DEMOLISHING.
UM, I DO HAVE NEED SOME TIME TO START WORKING ON PEOPLE.
HOW MUCH THEY'RE GONNA CHARGE ME TO GET IT DEMOLISHED.
WELL, IF, IF WE HEAD IN THAT DIRECTION, OKAY.
THE CITY IS THE ONE THAT WILL BE DEMOLISHING.
UM, I MEAN, I DON'T EVEN KNOW WHAT'S GONNA COST ME.
I MEAN, SHE COULD BEAT US TO IT.
EVEN IF WE GET A DEMO, I MEAN, I WANNA GO THE MOST AFFORDABLE ALSO THAT I CAN AFFORD.
YOU KNOW, THEY ASK FOR SO MUCH DOWN AND THEN LATER, SO NOW I HAVE TO GO BACK TO SEARCHING FOR SOMEONE WHO'LL GIVE ME A LOAN TO BE ABLE TO DO THAT.
COMMISSIONERS ANY QUESTIONS FOR THE OWNER AND STAFF? I HAVE A QUESTION.
UM, SO THE REASON YOU'RE NOT ABLE TO DEMO ISH RIGHT NOW IS BECAUSE YOU NEED APPROVAL FROM SIBLINGS OR BECAUSE OF THE FACT TAXES THAT YOU WERE TRYING TO PAY OFF? WELL, SEE MA'AM, THERE'S A, A CATCH 22 THERE BECAUSE FROM READING AND THE LAWYER, I CAN'T DO NOTHING UNTIL PROBATE IS COMPLETE.
AM I RIGHT? THEY HAVEN'T ASSIGNED ME AS AN ADMINISTRATIVE OR EXECUTIVE.
SO CAN I MOVE FORWARD? I'LL BE MORE THAN HAPPY TO, BUT I'M ON A CATCH 22, A YAY OR NAY.
AND HIM, IF I'M GONNA DO SOMETHING AGAINST THE LAW, I, I DON'T KNOW.
I'M STUCK, YOU KNOW? AND MY ATTORNEY ALL, HE SAYS, WE FILE PROBATE AND WE HAVE TO WAIT UNTIL THE ANSWER.
SO NOW WHAT DO I DO? IN THE MEANTIME, I'M GETTING THESE VIOLATIONS AND I CAME HERE IN FEAR THAT I'M GONNA BE THE ONLY ONE STUCK PAYING THESE VIOLATIONS.
'CAUSE UH, OTHER THAN I UNDERSTAND MARYANNE CERVANTES, MY NIECE IS ON CALL, UH, THE EXPENSES FOR THESE VIOLATIONS.
AGAIN, I'VE TALKED TO THEM, I'VE CONFRONTED THEM ABOUT IT.
I'VE BEEN HERE IN THIS BUILDING.
UH, BUT AGAIN, THAT'S THE SITUATION THERE.
CAN I DO IT EVEN IF I'M ON PROBATE IT? IS THAT BE DONE? CAN Y'ALL DO IT IN, IN, EVEN IF IT'S IN PROBATE? I MEAN, THAT'S A QUESTION FOR THE STAFF.
UM, HOW MANY ERRORS, UH, ARE YOU WORKING WITH? I HAVE FOUR SISTERS.
[00:25:03]
UH, FIVE BROTHERS.I CAN'T THINK THAT IT'S FOUR BROTHERS, FOUR SISTERS.
I'M, I, THE, I'M IN THE MIDDLE.
UM, SO MY TWO OLDER SISTERS DON'T HAVE A PROBLEM.
YOU DONE IT, YOU TOOK CARE OF IT.
WE DON'T HAVE NOTHING TO DO WITH IT.
UH, MARYANNE SEEMS TO BE THE ONLY ONE THAT HAS COME FORWARD.
ALL THE OTHER ONES JUST WANT A PIECE OF THE PIE WHEN IT'S DONE, WHICH I DON'T KNOW HOW THAT WORKS OUT.
BUT ANYWAY, THAT'S A DIFFERENT STORY THERE.
SO THERE'S NINE OF US, UH, FOUR ARE DECEASED, AND THE FOUR, UH, SISTERS ARE STILL LIVING IN MYSELF.
AND I HAVE A QUESTION FOR THE STAFF.
UM, SINCE, SINCE WE KNOW THAT IT'S IN PROBATE, DOES THAT CHANGE THE PROCESS FOR, FOR US AND FOR Y'ALL? NO.
SO SHE'S KIND OF, SHE'S IN A PLACE REALLY THAT SHE CAN'T DO ANYTHING.
I MEAN, SHE COULD REPAIR IT IF SHE HAD THE FUNDS TO, BUT THAT'S A LOT ON HER.
ESPECIALLY IN THE CONDITION THAT THE HOME IS.
AND SO WHAT CAN WE DO TO HELP? IS IT JUST DO THE ORDER FOR DEMOLITION? WOULD THAT BE HELPFUL? I MEAN, THAT'S WHAT WE'RE ASKING FOR.
AND PROBABLY THE MOST BENEFICIAL IN THIS SITUATION.
I MEAN, SHE MIGHT BEAT US TO IT, MAYBE NOT.
BUT THEN WE'D EVENTUALLY GET THERE AND I BELIEVE SHE WAS IN AGREEMENT WITH THE DEMOLITION.
UM, I MEAN LIKE, LIKE HE SAID, THE HOUSE IS FALLING BACK NOW AND MM-HMM
UH, FOUNDATION IS A LITTLE BIT TOO FAR GONE FOUNDATION TO BE LIFTED.
I HAVE TALKED TO HABITAT HUMANE, THEY'RE WILLING TO HELP ME KNOCK IT OFF AND BUILD IT.
I DON'T HAVE THE FULL AUTHORITY.
ANY OTHER QUESTIONS? COMMISSIONERS, COMMISSIONER THERE? YES.
SINCE IT'S IN PROBATE, WOULD IT BE HELPFUL FOR YOU IF YOU HAD MORE TIME TO LOOK FOR SOMEBODY OR LET, OR WE CAN GIVE YOU 90 DAYS IF, UH, IS THE MAXIMUM THIS THIS COMMISSION CAN GIVE YOU.
UM, WELL, BUT IS THAT EVEN BENEFICIAL? IF IT IS BENEFICIAL, SIR, AND I APPRECIATE THAT.
WELL, THIS IS WHAT MY THOUGHT IS ON THAT.
I'M FEAR OF A STORM COMING IN THE HOUSE FALLING COMPLETELY AND MY NEIGHBOR'S GETTING HURT.
IT IS FENCED, BUT STILL THE HOUSE IS GOING BACK.
THE PORCH IS GOING BACK, BUT THE HOUSE IS BEING PULLED.
SO I NEED TO KNOW WHAT IS GONNA BE THE COST WITH YOU GUYS TOO FOR, AND THEN COMPARE WITH WHAT I'M GONNA GET FROM THE OUTSIDE.
YOU KNOW WHAT I'M SAYING? 'CAUSE I GOTTA PAY THIS BACK.
I'M SURE IT'S NOT FREE UNLESS I DON'T KNOW HOW IT WORKS TO TELL YOU THE TRUTH.
BUT AGAIN, IN THE MEANTIME, THE GENTLEMAN HAVE TOLD YOU THE CONDITION OF THE HOUSE, BUT MS. ESTE, IT'S NOT GONNA GET TORN DOWN IN 90 DAYS.
SO IF IT JUST MEANS THAT WOULDN'T START.
BUT ROBERT, HOW FAR OUT ARE YOU GUYS ON? UM, I MEAN OBVIOUSLY IT WOULD BE A PRIORITY SLASH BUDGET TYPE ASSESSMENT, SO I CAN'T ANSWER THAT RIGHT NOW.
BUT THE PROCESS WORKS AS FAR AS, YOU KNOW, IF WE, IF WE WERE GONNA MOVE FORWARD, WE WOULD DEMO IT AND THEN PUT A LIEN ON THE HOUSE.
WE WOULDN'T COMPARE HOW YOU COULD GET IT DONE.
OH, HOW WE COULD GET IT DONE, THAT KIND OF THING.
I, YEAH, WE HAVE CONTRACTORS THAT DO IT AND YOU MIGHT BE ABLE TO DO IT CHEAPER.
I MEAN, IT'S PO IT'S DEFINITELY POSSIBLE, BUT I DON'T, I DON'T KNOW.
YOU DON'T KNOW THE ROUGH ESTIMATE IT WOULD POSSIBLY USE? I DO NOT.
THEY NOBODY KNOWS UNTIL THE LEAD ASBESTOS IS DONE.
'CAUSE THAT COULD MEAN EVERYTHING.
BUT LETTING ASBESTOS ABATEMENT CAN COST MORE THAN THE DEMO ITSELF.
SO WE JUST DON'T KNOW WHAT WE'RE GETTING INTO UNTIL WE, WE KNOW
UM, BUT I MEAN, I THINK IN THIS SITUATION, THE BEST WAY YOU COULD HELP GOING FOR A REPAIR ORDER WOULDN'T DO HER ANY GOOD AND IT WOULD JUST ADD UP UNNECESSARY FUNDS.
'CAUSE SHE CAN'T EVEN MAKE THE REPAIRS, UH, WITHOUT HAVING THE ERRORS AND WHATNOT.
SO YEAH, I MEAN, I THINK DEMO WOULD BE THE BEST WAY.
JUST A CLARIFYING QUESTION FOR STAFF, UM, SINCE THERE ARE NO FEES ASSOCIATED WITH DEMOLITION ORDERS, NO PENALTIES, UM, WOULD THERE BE ANY BENEFIT TO EXTENDING THE TIME HORIZON? I MEAN, I DON'T THINK IT HURTS.
I MEAN, WE'RE DEFINITELY NOT GETTING TO IT IN 90 DAYS, SO IT DOESN'T HURT IT FOR US TO WAIT THAT LONG.
BUT THERE'S NO COST DIFFERENCE NECESSARILY TO THE OWNER.
COMMISSIONERS, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
UH, DON'T FORGET WE HAVE MS. CERVANTES ON THE PHONE.
WE HAVEN'T TAKEN HER TESTIMONY YET.
MS. CERVANTES, ARE YOU THERE? GOOD AFTERNOON, GOOD EVENING.
[00:30:01]
SWORE PEOPLE IN AT THE BEGINNING? I DID HEAR, YES.UM, I AM, UM, MS. ELIA LAN'S NIECE.
I AM, UM, THE DAUGHTER OF HIS, UH, HER BROTHER.
SO I AM ONE OF THE LISTED OF, OF THE ERRORS.
BUT UNFORTUNATELY I WASN'T EVEN AWARE OF THE PROBATE.
I DID NOT GET A PROBATE LETTER.
UM, THE ONLY LETTER I'VE GOTTEN, AND THIS ENTIRE TIME WAS, IT WAS LIKE SIX MONTHS AFTER MY GRANDMOTHER PASSED AWAY AND IT WAS JUST REQUESTING ADOPTION LETTERS AND THAT WAS IT.
I NEVER HEARD ANYTHING ELSE FROM THAT.
THE SECOND LETTER WAS THIS LETTER I RECEIVED FROM THE CITY OF AUSTIN ABOUT A MONTH AGO ABOUT VIOLATIONS IN MY REGULAR MAIL.
AND THEN, UM, THE ONE I JUST RECEIVED ON JULY THE SEVENTH, UM, ABOUT THE VIOLATIONS, MISS, UM, MY AUNT ELIA REACHED OUT TO ME ABOUT TWO YEARS AGO, UM, ASKING ME TO SIGN, UM, I BELIEVE IT'S CALLED A QUICK CLAIM DEED, BECAUSE SHE WAS, UM, IT WAS GETTING EXPENSIVE FOR HER.
AND I DID ASK HER, UM, WHY DO YOU WANNA SELL IT? WELL, WE CAN KEEP IT IN THE FAMILY AND WE CAN FIX IT UP.
BUT WE HAVEN'T GOTTEN ANYTHING ELSE.
I I, I MEAN, WE HAVEN'T GOTTEN AN AGREEMENT.
YES, MY EMPLOYER DID AGREE, UM, TO HELP ME FIX IT UP AND HELP ME, YOU KNOW, IN A WAY.
UM, SINCE THEN, SINCE OUR LAST CONVERSATION, AND I'VE TALKED TO HER A COUPLE TIMES WITH HER, BUT WE'VE NEVER CAME TO AN AGREEMENT.
I'VE NOT BEEN ABLE TO SPEAK TO HER.
I'VE TEXT HER, I'VE CALLED HER MANY TIMES.
I HAVE NOT HEARD FROM MY AUNT FOR ABOUT ALMOST A ALMOST CLOSE TO TWO YEARS.
UM, SO I DID NOT KNOW WHERE IT WAS.
I HAVE MANY TEXT MESSAGES THAT I'VE TRIED TO REACH OUT TO HER TO TRY TO HELP HER OUT.
UM, TWO YEARS AGO I WAS WORKING WITH, UM, UM, MY EMPLOYER WHO WAS GONNA HELP ME, WHICH IS NOW NOT MY CURRENT EMPLOYER.
UM, BUT IT'S SAD TO KNOW THAT IT COULD BE DE DEMOLISHED WHEN IT COULD HAVE BEEN A CHANCE TO RESTORE THE HOME TWO YEARS AGO.
I'M NOT GONNA SAY IT WAS GONNA BE RESTORED A HUNDRED PERCENT, BUT IT WOULD'VE BEEN PREVENTED TO BE DEMOLISHED.
AND I'M SADDENED ABOUT THAT 'CAUSE I HAVE CHILDREN.
THAT LITTLE BIT OF MEMORIES THEY HAVE OF MY DAD THERE.
MY KIDDOS JUST ASKED ME ABOUT IT NOT LONG AGO, AND IT'S SAD TO KNOW THAT THAT'S GONNA HAPPEN.
I'VE BEEN BY THERE TWICE AND IT, IT'S SAD I HAVEN'T BEEN BY THERE WITHIN THE PAST A YEAR AND A HALF.
BUT IT'S, IT'S, IT'S SAD TO SEE THE WAY IT WAS ABOUT, I WANNA SAY ABOUT A YEAR AND A HALF AGO THAT I WENT BY THERE.
BUT, UM, I WISH IT COULD BE SAVEABLE.
I MEAN, I, I DON'T, I ONLY HAVE VERY LITTLE MEMORIES OF IT, BUT WHAT MY KIDS HAD WITH THE TIMES THEY'D GO VISIT THEIR GRANDPA THERE, THEIR GRANDPA, JOHNNY JOTI, THEY CALLED HIM WHEN AIRPORT MUELLER AIRPORT WAS JUST A CLOSET STREET.
IT'S SAD, AND I WISH I COULD HELP OUT MORE, BUT I HAVE NOT BEEN ABLE TO SPEAK TO HIM, TO MY AUNT.
AND SINCE THE LAST TIME SHE ASKED ME ABOUT SIGNING THE QUICK FEE SO SHE CAN PROCEED ON WITH, WITH WHATEVER SHE WANTED TO DO.
I HAVEN'T BEEN BY THERE RECENTLY AND I KNOW, 'CAUSE I, MY, MY, I HAVE TWO PEOPLE WHO ARE CONSTRUCTION WORKERS AND THEY COULD HAVE DONE THAT SOMETHING.
UM, MY, MY HUSBAND WILL BUILD HOMES FROM THE BOTTOM UP.
AND IT'S SAD THAT HE COULD HAVE DONE SOMETHING WITH HIS HOUSE THAT I COULD, I LOST TOUCH.
I LOST TOUCH WITH MY AUNT, AUNT DELIA.
UM, I WAS NEVER ABLE TO GET A RESPONSE FROM HER OR A CALL ANSWERED.
AND THAT'S IT, THAT'S MY TESTIMONY FOR RIGHT NOW.
ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE HEARING? SO MOVED.
MOTION BY SECOND COMMISSIONER MUSGROVE.
WE'LL CLOSE THE PUBLIC HEARING.
PLEASE KEEP YOUR SEAT IN CASE THERE'S ADDITIONAL QUESTIONS FOR YOU.
LET'S, UH, UNLESS THERE'S ANY OBJECTION, WE'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH 2K.
HEARING NONE, THOSE EXHIBITS ARE ADMITTED.
[00:35:01]
THERE A MOTION I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT, THE CONCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.SECOND MOTION BY MR. GARZA, SECONDED BY COMMISSIONER MUSGROVE.
ANY DISCUSSION? HEARING NONE TO A ROLL CALL VOTE.
YEAH, EITHER CAN, BUT SAYING THE CITY WILL, IT'S SAYING THE CITY, UH, MAY EXERCISE THE OPTION AFTER 45.
COPY OF THAT ORDER WILL BE MAILED TO YOU WITHIN 30 DAYS.
A COPY OF ORDER OF WHAT THE RESULT WILL BE OF THIS MEETING.
IS THAT WHAT YOU'RE SAYING? RIGHT.
I MEAN, WHAT'S THE REASON? WHAT, WHAT IS IT WE'RE DOING OR WHAT'S GONNA HAPPEN? THE CITY JUST, UH, AGREED TO COMMISSION JUST PASSED THE MOTION TO DEMO DEMOLISH THE HOUSE.
I'M SORRY, JUST NO, NO, IT'S OKAY.
THE CITY TO HER AND I, IT'S NOT RIGHT WHAT SHE'S SAYING, BUT IT'S OKAY.
IT'S NOT FOR, I'M LIKE, PLEASE.
COMMISSIONERS, UH, UNLESS THERE'S AN OBJECTION, I'D LIKE TO GO TO ITEM FOUR.
THERE'S NO ONE HERE FOR THREE.
WE'LL COME BACK TO THAT AT THE END.
[4. Case Number: CL 2026-076051 ]
PLEASE PROCEED.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 20 26 0 7 6 0 5 1 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 75 0 1 BERGMAN DRIVE.
THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS REGARDING A RESIDENTIAL PROPERTY THAT IS UNOCCUPIED AND IS HOMESTEADED.
THE CASE WAS OPENED IN AUGUST, 2025.
UPON REFERENCE FROM AUSTIN FIRE DEPARTMENT, THE STRUCTURES CONSIDERED AN ATTRACTIVE NUISANCE AND IS SUBSTANDARD AND UNSAFE AND REQUIRES REPAIR.
IN YOUR, 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, A FIRE INCIDENT REPORT AND NUMBER, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO C AND THE RECOMMENDED ORDER CODE INSPECTOR JOSE CASTILLO IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR CASTILLO, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS, UH, JOSE CASTILLO AND I'M AN INSPECTOR FOR THE AUSTIN DEVELOPMENT SERVICES CODE COMPLIANCE DEPARTMENT.
PROPERTY BEING BROUGHT BEFORE YOU TODAY IS A RESIDENTIAL PROPERTY LOCATED AT 75 0 1 BERKMAN DRIVE, AUSTIN, TEXAS.
UH, THE OWNER OF RECORD OF RECORD HAS BEEN IDENTIFIED AS GREGORY J. KELLY ON SEPTEMBER 9TH, 2025.
I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 75 0 1 BERKMAN DRIVE, UH, VIA A FD ON, UH, AUSTIN FIRE DEPARTMENT.
ON SEPTEMBER 9TH, 2025, I PERFORMED AN INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS, A BURNED, COLLAPSED ROOF, UH, ROOFS AND, UH, DRAINAGE 3 0 4 0.7 BOARDED WINDOWS AND DOOR FRAMES ON THE STRUCTURE DUE TO FIRE DAMAGE WINDOW, SKYLIGHT AND DOOR FRAMES.
3 0 4 POINT 13.1 BOARDED DOORS, UH, DUE TO FIRE DAMAGE DOORS 3 0 4 POINT 15 AND UNSAFE STRUCTURE DUE TO FIRE DAMAGE UNSAFE STRUCTURES.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING, UH, THE DESCRIPTION OF THE VIOLATION ON SEPTEMBER 10TH, 2025.
I CONFIRMED FOLLOW UP INSPECTIONS AND OBSERVED THAT THE VIOLATION HAS NOT BEEN CORRECTED.
UH, THE VIOLATION REMAINS THE SAME.
I HAVE NOT RECEIVED ANY COMMUNICATIONS FROM THE PROPERTY OWNER SEARCH, AND AMANDA SHOWS THAT NO PERMITS HAVE BEEN OBTAINED FOR REPAIR OR DEMOLITION BY THE PROPERTY OWNER.
NOW I'M ESCALATING THIS CASE FORWARD DUE TO THE, UH, OWNER NOT RECTIFYING THE VIOLATIONS.
[00:40:01]
I'LL NOW PRESENT MY PHOTOS AND DISCUSS THE VIOLATIONS DEPICTED.OKAY, PHOTO TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY.
IN A PHOTO, UH, YOU CAN SEE THE FIRE DAMAGE TO THE ROOF AND NEXT, AND TWO B IS A FURTHER CONTEXTUAL PHOTO.
YOU CAN SEE, UH, THE BOARDING ON THE WINDOWS IN THE FRONT PART OF THE HOME ON THE GARAGE, AND THE FIRE BURN, UH, ROOF, THE COLLAPSED ROOF NEXT AND TWO C SHOWS THE FOLLOWING, UH, BOARDED UP DOORS, A UH, CONTEXTUAL PHOTO OF THE, UH, ADDRESS OF THE PROPERTY.
THIS CONCLUDES MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DE 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 C.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTION FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
UM, SO GREGORY J. KELLY IS DECEASED.
UH, HE WAS MY PARTNER 27 YEARS.
UH, HE PASSED AWAY A FEW, FEW MONTHS LATER.
UM, THE PROPERTY IS MINE LEGALLY, IT'S IN PROBATE.
UH, I'M WAITING ON THE COURTS TO GIMME THE DOCUMENTARIES.
I I'VE GOT DOCUMENTS THAT SHOW THAT THE, THE THAT'S BEEN FILED.
I HAVE THE, UH, WILL HERE AS WELL THAT SHOW THAT IT'S MY, MY PROPERTY NOW, BUT IT'S NOT IN MY NAME.
SO THE INSURANCE IS READY TO PAY, BUT THEY WON'T PAY UNTIL I GET THE DOCUMENTARIES.
SO ONCE THAT HAPPENS, I PLAN ON JUST SELLING THE PROPERTY TO A SOMEBODY TO FLIP IT AND HAVE, UH, SO THE REASON THE HOUSE LOOKS THAT WAY WITH THE EVERYTHING BOARDED UP IN THE FRONT IS BECAUSE IT'S BEEN LOOTED.
THEY'VE STOLEN EVERYTHING IN THERE, SO THERE'S NOTHING REALLY LEFT IN THERE FOR ME.
THEY'VE STOLEN CLOTHES, THEY'VE STOLEN ALL MY ELECTRONICS, MY AC UNIT, EVERYTHING, EVERYTHING'S GONE.
AND EVERYTHING THAT'S IN THE CLOSET IS ON THE FLOOR.
SO WHEN I GO IN THERE, I WALK OVER ALL MY BELONGINGS.
UH, SO I'M, I'M JUST WAITING ON THE MONEY IN ORDER FOR ME AND THE DOCUMENTARIES THAT, THAT SAY THAT I CAN, AS THE EXECUTOR CAN START GOING FORWARD WITH GETTING THE, THE HOUSE WHERE IT NEEDS TO BE.
SO, SO THAT'S KIND OF WHERE WE ARE.
AND I HAVE, IF Y'ALL NEED THE DOCUMENTS, I HAVE THE DOCUMENTS.
UH, BUT I HAVE, I HAVEN'T RECEIVED ANYTHING.
THEY SAID THEY SENT LETTERS TO GREGORY J. KELLY.
I I HAVEN'T RECEIVED ANYTHING, UH, IN THE MAIL OR CERTIFIED OR ANYTHING THAT, THAT I WOULD NOT EVEN KNOW THAT'S GOING ON IF MY NEIGHBORS WOULDN'T HAVE TOLD ME, YOU KNOW? SO, UH, LIKE I SAID, I'M, I'M KIND OF IN LIMBO.
I'M WAITING ON THE COURTS AND, AND I CAN'T, I CAN'T MAKE THEM GO ANY FASTER.
I, I'VE PAID THE LAWYER, UH, AND ONCE I GET THE TESTAMENTARY, THE HOUSE WILL BE SOLD.
SO I'VE ALREADY TALKED TO A FEW PEOPLE ON, ON INVESTORS THAT ARE JUST GONNA FLIP IT AND I'M GONNA, I'M GONNA GET OUT FROM UNDER IT.
SO IT'S JUST A MATTER OF WAITING, WAITING FOR THE COURTS.
UH, DO YOU HAVE ANY QUESTIONS FOR THE OFFICER'S PRESENTATION? I JUST, LIKE I SAID, I KNOW, I KNOW IT'S AN EYESORE.
UM, I MEAN, I, I DON'T HAVE THE MONEY TO JUST GO IN.
IT IS GOT ASBESTOS AND LEAD INSIDE OF IT, SO IT'S LIKE I CAN'T JUST GO IN AND START MOVING THINGS AROUND UNTIL IT'S MEDIATED.
UH, AND I CAN'T DO THAT UNTIL I GET THE MONEY FROM THE INSURANCE COMPANY, YOU KNOW? SURE.
SO, UH, IT IS JUST SITTING IN LIMBO RIGHT NOW AND, UH, AND, AND I'M READY FOR IT TO, TO BE DONE, YOU KNOW, SO AS SOON AS SOON AS I GET THIS TESTAMENTARY, I'M I'LL, I'LL, I'LL BE ON TRYING TO, TRYING TO MOVE ON WITH MY LIFE, YOU KNOW.
LET THE CITY HAVE ANY QUESTIONS FOR MR. MOODY?
[00:45:02]
NO.UM, JAMES, WOULD YOU MIND PROVIDING THE, UH, CAUSE NUMBER FOR THE PROBATE ACTION? UM, I HAVE, UH, DID DID YOU HAVE YOU HAVE I HAVE PAPERWORK.
IT DOESN'T HAVE A NUMBER ON IT, SO, SO I SIGNED AND EVERYTHING THAT, IT'S, IT'S THE, IT'S A APPLICATION FOR THE PROBATE OF, OF LOST WILL.
SO I CAN'T, I DIDN'T, I COULDN'T FIND HIS ORIGINAL WILL, BUT I HAD MY COPY, SO IT, IT WILL PROBATE AND A, UM, A COPY OF THE WILL.
SO, AND THIS IS TO GET THE TESTAMENTARY.
SO I'VE GOT THAT AND I'VE GOT THE WILL, I'VE GOT HIS DEATH CERTIFICATE, UH, HERE TODAY.
IF, IF Y'ALL WANT COPIES OF THAT STUFF.
HAVE YOU RETAINED AN ATTORNEY TO REPRESENT YOU? OH YEAH.
I HAVE HIS NUMBERS AND STUFF TOO, IF YOU NEED, IF YOU NEED THEM.
UH, WE SENT A NOTICE TO, UH, I GUESS IT WAS A, UM, IT WAS THE MORTGAGE HOLDER.
THEY WON'T LET ME DO ANYTHING EITHER.
'CAUSE I'M NOT, I'M NOT LEGALLY THE OWNER, SO RIGHT NOW I HAVE TO PAY $1,900 A MONTH MORTGAGE ON THAT, YOU KNOW, AS WELL AS ANOTHER PLACE TO LIVE.
SO I'M PAYING CLOSE TO $3,000 A MONTH JUST TO HAVE TWO ROOFS, YOU KNOW? UH, SO UNTIL I GET THOSE DOCUMENTARIES, I CAN'T ADJUST HIS MORTGAGE, YOU KNOW, BUT ONCE I'VE, I'M THE EXECUTOR, I CAN, THE HOUSE ONLY OWE ABOUT $50,000 ON IT.
SO THE ONE THE MONEY COMES IN FROM THE, FROM THE, UH, INSURANCE IS ON, JUST GONNA BAIL.
THIS CLOSE, YOU KNOW,
AND, AND AGAIN, WE'RE SORRY FOR YOUR LOSS.
UM, KIND OF MOVING ALONG HERE, WOULD YOU LIKE TO SUMMARIZE OR DO YOU HAVE A SPECIFIC ASK FOR THE COMMISSION THAT YOU, I CAN'T HEAR YOU.
DID YOU HAVE A SPECIFIC ASK FOR THE COMMISSION? UH, NO.
I MEAN, I DON'T HAVE, I DON'T HAVE ANY QUESTIONS OR, OR, YOU KNOW, LIKE I SAID, I, I'VE TALKED TO THE INSURANCE COMPANY, TALK TO THE LAWYER.
I MEAN, IT'S JUST, IT'S IN, IT'S IN THE COURTS, YOU KNOW WHAT I MEAN? SO, SURE.
ALL I CAN DO IS WAIT UNTIL I GET THOSE, THOSE DOCUMENTS, YOU KNOW, AND THEN EVERYTHING WILL START OPENING UP FOR ME.
UM, MR. MILANO, DID YOU SAY, WAS YOUR NEIGHBOR HERE WITH YOU? YES, I'M THE NEIGHBOR.
I DON'T HAVE THE NOTHING SPECIFIC.
NOW, COMMISSIONER MARTINEZ? YES.
BEFORE WE GO TO THAT, UM, LET'S, UH, UNLESS THERE'S AN OBJECTION, WE'LL ADMIT THE CITY'S EXHIBITS EXHIBIT ONE TWO A THROUGH TWO C, HEARING NO OBJECTIONS.
COMMISSIONER MARTINEZ? YEAH, I HAVE A QUESTION.
SO YOU'RE PAYING THE MORTGAGE, IT'S NOT BEHIND? NO, NOT THE MORTGAGE IS UP TO DATE.
THE MORTGAGE IS UP TO DATE, YES.
SO I WAS BEHIND FOR A COUPLE OF MONTHS, BUT I, I SOLD A 401K AND I PAID, PAID IT UP, SO IT, IT'S CURRENT.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
KEEP YOUR SEAT JUST IN CASE WE HAVE AN ADDITIONAL QUESTION, COMMISSIONERS, IS THERE A, A MOTION I MOVE TO CONTINUE THIS CASE UNTIL, UM, LET'S SEE, WHAT ARE WE ON JULY, OCTOBER 28TH, UM, SO THAT THE PROPERTY REPRESENTATIVE CAN PROVIDE ADDITIONAL INFORMATION ON PROBATE.
IS THERE A SECOND ON THE MARK? SECOND.
SECOND BY COMMISSIONER NARA DISCUSSION, HEARING NO DISCUSSION, WE'LL TAKE A VOTE.
I, I DO HAVE A QUESTION FOR THE PROPERTY OWNER.
WILL THAT BE HELPFUL TO YOU? I CAN'T HEAR YOU.
WOULD THAT BE HELPFUL TO YOU? JUST THE OCTOBER 28TH? YEAH.
SO JUST TO CONTINUE THE CASE AND WE'LL ASK IT TO COME BACK.
YES, I CAN, I CAN COME BACK WHEN I HAVE MORE, UH, OR EXTRA, YOU KNOW, THINGS TO ADD TO THIS, YOU KNOW, THAT'S ALL I HAVE RIGHT NOW, BUT I MEAN, I DON'T KNOW WHAT'S GONNA HAPPEN BY OCTOBER 28TH, YOU KNOW, BUT, BUT IF, IF THE TESTIMONY COME IN, THEN, THEN THINGS WILL START HAPPENING, YOU KNOW, SO I'M, I'M JUST WAITING ON THE COURT.
EVERYBODY CLEAR ON THE MOTION? OKAY.
[00:50:01]
RIVERA? AYE.ENC CHAIR VOTES? AYE THE MOTION PASSES.
SO THIS WILL REAPPEAR ON OUR OC THIS WILL REAPPEAR ON OUR OCTOBER AGENDA.
I'LL LOOK FOR, I'LL LOOK FOR THAT.
DO Y'ALL NEED COPIES OF THIS STUFF FROM THE, FROM THE PROBATE COURTS AT ALL? DO Y'ALL NEED COPIES OF THE PROBATE STUFF? I DON'T HAVE EXTRA COPIES RIGHT NOW WITH ME.
OKAY, COMMISSIONERS, WE'LL MOVE TO AGENDA
[5. Case Numbers: CL 2026-076058 ]
ITEM FIVE.UH, SORRY, SOME LATE, LATE BREAKING NEWS ON ITEM NUMBER FIVE.
STAFF IS ASKING TO, TO, UH, PULL THAT CASE FROM THE AGENDA.
THERE IS SOMEBODY HERE FOR THAT? YES.
UM, WE, WE WILL PROBABLY ENTERTAIN AN AGREED ORDER FOR THAT PARTICULAR PROPERTY.
WE, THE CITY ALSO WANTS TO DEMOLISHED, SO THAT'S THE, PROBABLY THE RIGHT THING TO DO.
SO THAT'LL BE ON NEXT MONTH'S.
UM, WE MAY NEED TO SEND ANOTHER NOTICE.
UM, SO WE, WE, WE MAY NOT BRING IT BACK, UH, IMMEDIATELY.
[6. Case Number: CL 2026-026484 ]
ON TO AGENDA ITEM NUMBER SIX.ITEM NUMBER SIX ON THE AGENDA IS CASE NUMBER CL 2 2 6 0 2 6 4 8 4 REGARDING A COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 1 0 5 1 EAST 10TH STREET, ALSO KNOWN AS 9 1 6 WALLER STREET.
STAFF EXHIBIT CAN BE FOUND IN THE TEAL BOOKS IN YOUR READERS AND THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE PROPERTY.
THIS CASE WAS OPENED IN OCTOBER OF 2025 AS THE RESULT OF A COMPLAINT.
THERE ARE NO ACTIVE PERMITS RELATED TO THE VIOLATIONS CITED.
THIS PROPERTY IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH HAZARDOUS CONDITIONS.
IN YOUR GOOGLE DRIVE FOLDER OR READER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHO PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, AND THE RECOMMENDED ORDER CODE INSPECTOR HAYDEN ASTON IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND DISCUSS THE VIOLATIONS AS DEPICTED.
INSPECTOR ASTON, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS HAYDEN AST AND I'M AN INSPECTOR FOR THE AUSTIN DEVELOPMENTAL SERVICES CODE COMPLIANCE.
THE PROPERTY BEING BROUGHT BEFORE YOU TODAY IS THE COMMERCIAL PROPERTY CONSISTING OF SIX DUPLEXES LOCATED AT 10 15 EAST 10TH STREET, ALSO KNOWN AS NINE 16 WALLER STREET.
THE OWNER OF RECORD HAS BEEN IDENTIFIED AS EBENEZER BAPTIST CHURCH BY TRAVIS CENTRAL APPRAISAL DISTRICT ON OCTOBER 8TH, 2025, I RECEIVED A COMPLAINT FOR THIS PROPERTY LOCATED AT 10 15 EAST 10TH STREET VIA A 3 1 1 COMPLAINT.
ON OCTOBER 9TH, 2025, I PERFORMED AN INITIAL INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS ON UNITS ONE THROUGH 12 WITH UNITS 3, 4, 5, 6, 11, AND 12 BEING IN THE WORST CONDITION.
I OBSERVED DAMAGE ROOFS AND OVERHANGS, DISCOLORATION AND BUBBLING OF THE INTERIOR WALLS AND CEILINGS IF THE ATTACHED STORAGE CLOSETS, THE SUM OF THE UNIT CEILINGS HAVING COLLAPSED.
I DOCUMENTED THE CASE AND MAILED A NOTICE OF VIOLATION TO THE OWNER DETAILING THE DESCRIPTION OF THE VIOLATIONS.
ON OCTOBER 9TH, 2025, I PERFORMED A FOLLOW-UP INSPECTION AND OBSERVED THAT THE VIOLATIONS HAVE NOT BEEN CORRECTED, AS WELL AS OBSERVING NEW VIOLATIONS SUCH AS CRACKED AND OR WARPED DOORFRAMES UNCOVERED ELECTRICAL OUTLETS, WATER DAMAGE NEAR BREAKERS AND DAMAGED OVERHEAD LIGHTS AS WELL AS POSSIBLE SIGNS OF INVE INFESTATION.
A SECOND NOTICE OF VIOLATION DETAILING THE UPDATED VIOLATIONS WAS MAILED ON DECEMBER 26TH, 2025.
I'VE HAD CONTACT WITH THE OWNER'S REPRESENTATIVE MULTIPLE TIMES AND HAVE NOT OBSERVED ANY EFFORT TOWARDS COMPLIANCE.
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.
[00:55:01]
TWO A IS A CONTEXTUAL PHOTO OF THE PROPERTY.EXHIBIT TWO B SHOWS TRASH AND DEBRIS ON THE PORCH OF ONE OF THE UNITS, INCLUDING MATERIAL FROM THE EXTERIOR OF THE BUILDING.
EXHIBIT TWO C, THE TERMINATION FITTING FOR THE EXHAUST IS MISSING, ALLOWING ENTRY FOR A POSSIBLE INFESTATION.
EXHIBIT 2D, DAMAGE TO THE FASCIA BOARDS OF THE BUILDING AS WELL AS LOOSE AND MISSING SHINGLES.
EXHIBIT TWO E WARPING OF THE DOOR AND FRAME OF A UNIT STORAGE CLOSET AS WELL AS SEVERE DISCOLORATION.
SEE THE TWO F THE OVERHANG IS MISSING PIECES, ALLOWING THE OUTSIDE WEATHER ELEMENTS TO DAMAGE THE INTERIOR PORTIONS OF SAID OVERHANG AND THE ROOF AS SEEN WITH THE DISCOLORATION AND THE ROTTING OF THE WOOD VERSUS SUPPORTS EXHIBIT TWO G.
THIS IS PIECES FROM THAT OVERHANG THAT HAVE BEEN SAID TO THE SIDE OF THE BUILDING AS WELL AS WARPING OF THE DOOR.
EXHIBIT TWO H THIS SHOWS A DISCOLORATION OF WARPING OF THE DOOR OF THE STORAGE CLOSET AS WELL AS A LOOSE BRICK FROM THE BUILDING.
EXHIBIT TWO I, THIS IS, UH, DISCOLORATION AND DARK SPOTS ON THE INTERIOR WALLS OF A CONNECTED STORAGE UNIT AND LOOSE MATERIAL FROM THE CEILING BEING FILED IN THE CLOSET.
EXHIBIT TWO J THIS IS FROM UNIT FOUR, STORAGE CLOSET HAS A COLLAPSED CEILING AND A LOOSE LIGHT.
UNIT FOUR IS INTERIOR WALL THAT IS SHARED WITH THE LIVING AREA OF THE UNIT IS SEVERELY DISCOLORED AND DAMAGED ALONG THE BOTTOM PORTION OF THE WALL.
THIS SHOWS WARPED FASCIA BOARDS AND LOOSE SHINGLES OF THE BUILDING.
THIS, UH, SHOWS A LARGE HOLE IN THE FASCIA BOARD OF UNIT 11, ALLOWING OUTSIDE ELEMENTS LIKE WEATHER AND INFESTATION TO POTENTIALLY AFFECT THE INTERIOR OF THE STRUCTURE OF THE OVERHANG IN THE ROOF.
I'M AVAILABLE TO ANSWER ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH HAZARDOUS CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS AND LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M STAFF ALSO THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTI-FAMILY STRUCTURES AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS.
C REQUEST INSPECTION FROM AUSTIN BELT AND SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46TH DAY.
IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
SEVERAL FOLKS HERE TONIGHT TO SPEAK ON THIS ISSUE.
IS THERE A REPRESENTATIVE FOR THE CHURCH THAT WOULD LIKE TO TALK FIRST AND THEN WE CAN LET THE OTHERS HAVE COMMENTS? DID YOU FILL OUT A CARD JUST ON UP HERE TO THE FRONT.
YOU'LL GIVE YOUR FULL NAME AND THEN ARE YOU, ARE, ARE YOU ALL ALL OF THE FOLKS GONNA SPEAK AS WELL? YES.
[01:00:01]
UM, GOOD EVENING.MY NAME IS R GRIFFIN AND I'M THE CHAIR OF THE EAST AUSTIN ECONOMIC DEVELOPMENT CORPORATION.
AND I STRUGGLED OVER WHAT I WOULD SAY AND DO HERE TONIGHT.
I STRUGGLED OVER WHETHER TO CREATE SOME CHARTS AND SPREADSHEETS AND I EVEN MADE A FEW, BUT IT DIDN'T FEEL RIGHT.
THEY DIDN'T FULLY CONVEY THE INCREDIBLE SITUATION THAT I AND OTHER MEMBERS OF THE BOARD FIND OURSELVES IN.
NONE OF US HAVE EVER BEEN THROUGH AN EXPERIENCE LIKE THIS BEFORE, SO I THOUGHT I WOULD SIMPLY SPEAK FROM MY HEART.
I DID NOT COME TO DISPUTE THE FINDINGS OF THE INSPECTOR.
UH, HE HAS POINTED OUT WORK THAT NEEDS TO BE DONE AT THE EBENEZER SENIOR HOUSING COMPLEX.
AND WE AGREE THAT MUCH WORK NEEDS TO BE DONE.
IT WAS ONCE A SHINING EXAMPLE OF EVERYTHING OUR CHURCH WANTS TO REPRESENT TO THE COMMUNITY.
WE WERE PROUD TO FIGHT AGAINST ALL ODDS TO BUILD THE FACILITY.
IT WAS AND WILL CONTINUE TO BE A MAJOR ACHIEVEMENT IN THE HISTORY OF THE CHURCH.
THE EBENEZER SENIOR HOUSING COMPLEX IS A NONPROFIT FACILITY FOR SENIOR ADULTS WHO CAN LIVE INDEPENDENTLY.
THE FACILITY IS OPERATED BY THE NONPROFIT ORGANIZATION, EAST AUSTIN ECONOMIC DEVELOPMENT CORPORATION, WHICH WAS CREATED BY THE EBENEZER BAPTIST CHURCH.
EBENEZER SENIOR HOUSING HAS 12 UNITS THAT ARE ABOUT 700 SQUARE FEET AND WE CURRENTLY HAVE EIGHT RESIDENTS.
MOST HAVE LIVED THERE FOR 10 YEARS OR LONGER.
THE AVERAGE RENT FOR THE RESIDENT IS $565 A MONTH.
THE AVERAGE RENT IN AUSTIN FOR A ONE BEDROOM APARTMENT IS $1,414 A MONTH.
WE RECENTLY LOST TWO RESIDENTS, ONE DIED AND ONE RELOCATED TO A NURSING HOME.
THE EBENEZER SENIOR HOUSING MONTHLY RENTAL INCOME IS $5,000.
A LITTLE MORE THAN THAT, BUT APPROXIMATELY $5,000.
AND OUR MONTHLY EXPENSES ARE APPROXIMATELY $7,000 A MONTH.
AND MONTHLY EXPENSES INCLUDE THINGS LIKE UTILITIES, GARBAGE COLLECTION, LAWN SERVICE, AND INSURANCE TO NAME A FEW.
WE'RE CURRENTLY OPERATING AT A DEFICIT OF $13,000 SO FAR FOR 2026, AND THIS YEAR IS NOT AN EXCEPTION.
FOR THE LAST SEVERAL YEARS, WE HAVE BEEN STRUGGLING FINANCIALLY AND WE WERE FORCED TO RAISE RENTS IN JUNE TO TRY TO GENERATE MORE FUNDS TO ATTEMPT TO ADDRESS THESE NEED FOR REPAIRS.
WE ARE MAKING IMPROVEMENTS TO THE EXTERIOR, TO THE, AS MUCH AS WE CAN, AND THE INTERIOR IS OUR PRIORITY.
WE FACE MANY CHALLENGES WITH WEATHER RELATED DAMAGES AND HAVING TO REPLACE AIR CONDITIONERS AND HEATING UNITS AT A COST OF $8,000 A PIECE.
WE DO NOT HAVE A LINE OF CREDIT, SO OUR EXPENSES ARE BEING PAID IN CASH AND A FEW VENDORS ARE DIVIDING PAYMENTS TO GIVE US ADDITIONAL TIME TO PAY.
WE HAVE EXHAUSTED ALL OF OUR IMMEDIATE RESOURCES.
THE CHURCH HAS GIVEN US A LOAN OF $32,000 TO MEET EXPENSES AND I HAVE MADE A PERSONAL LOAN TO THE CORPORATION OF OVER $2,800 FOR MY PERSONAL SAVINGS.
SOMETHING I REALLY COULD NOT AFFORD TO DO, BUT I BELIEVE DEEPLY AND PASSIONATELY IN THE MISSION OF THIS ORGANIZATION.
OUR EXPENSES FAR EXCEED OUR INCOME AND WE ARE WORKING DILIGENTLY TO FIND SOURCES OF FUNDING.
WE MET WITH OFFICIALS FROM THE CITY OF AUSTIN IN APRIL AND MAY OF THIS YEAR AND ARE CURRENTLY WORKING ON AN APPLICATION TO APPLY FOR A LOW INTEREST LOAN THAT WILL ALLOW US TO FULLY ADDRESS THESE REPAIRS.
IT IS OUR GOAL TO HAVE THE APPLICATION COMPLETED BEFORE THE END OF AUGUST.
WE DO NOT HAVE A TIMELINE FROM THE CITY OF AUSTIN HOUSING AND HOW LONG IT WILL BE FOR THEM TO REVIEW AND HOPEFULLY ACCEPT OUR APPLICATION.
WE WOULD REQUEST TONIGHT TO HAVE AT LEAST UNTIL DECEMBER TO PURSUE THIS AVENUE AND OTHER GRANT AND FUNDRAISING OPPORTUNITIES TO FUND THESE REPAIRS.
WE WOULD LIKE YOU TO KEEP IN MIND THAT WE'RE NOT AN EVIL GROUP IGNORING OUR DUTY OF A TO A VULNERABLE POPULATION.
INSTEAD, WE ARE GROUP FACING MONUMENTAL FINANCIAL CHALLENGES.
[01:05:01]
WE HAVE A STRONG FAITH THAT WITH GRACE AND CONSIDERATION FROM THIS BODY THAT YOU WILL, WE WILL BE ABLE TO OVERCOME THESE CHALLENGES THAT WE FACE AND FIND A SOLUTION TO RETURN THE EBENEZER SENIOR HOUSING TO THE SHINING EXAMPLE IT DESERVES TO BE FOR OUR RESIDENTS, OUR CHURCH AND OUR COMMUNITY.DO ANY OF THE OTHER Y'ALL WANT TO MAKE A COMMENT? DO I HAVE TO SIT HERE? CAN I SIT HERE? OKAY.
YEAH, YOU CAN STAY WHERE YOU ARE.
MY NAME IS GREG ROBERSON AND I AM THE VICE CHAIR OF THE EAST AUSTIN ECONOMIC DEVELOPMENT CORPORATION, WHICH, UH, MS. GRIFFIN, UH, JUST EXPLAINED AND ITS RELATIONSHIP TO THE SENIOR EBENEZER SENIOR HOUSING, UH, THAT, UH, SHE TALKED ABOUT.
AND I WOULD JUST LIKE TO SAY THAT THE PICTURES THAT YOU SAW, I WOULD, UM, UM, WELL FIRST, FIRST OF ALL, I'M, I'M A MEMBER OF THE EBENEZER BAPTIST CHURCH AND I HAVE BEEN A MEMBER OF EBENEZER BAPTIST CHURCH FOR 50 YEARS, AT LEAST 50 YEARS.
AND, UM, IT, UM, IT, UH, IT IS THE, IT ITS RELATIONSHIP TO THE, TO THE EBENEZER SENIOR HOUSING IS TO PROVIDE, UM, OR THE, UM, THE, THE THE RELIGIOUS BACKGROUND AND THE RELIGIOUS ASPECT, UH, TO THE, TO TO SENIOR HOUSING.
LEMME JUST SAY THIS, THE, THE, UM, THE PICTURES THAT YOU SAW OF THE SENIOR HOUSING DEVELOPMENT, IT IS SOMEWHAT, UM, OF A DISTORTION TO SOME EXTENT.
I, I WOULD, UM, I WOULD HATE FOR, I LIVE IN A NICE NEIGHBORHOOD AND I HAVE KIND OF A NICE HOUSE.
I'M AT 9 0 5 RIVER OAK DRIVE, AND I WOULD HATE FOR THE GENTLEMAN WHO TOOK THOSE PICTURES TO COME OUT TO MY HOUSE AND TAKE, UM, PICTURES OF, UM, THINGS THAT, UM, THAT DIDN'T LOOK SO WELL.
I COULD, UM, UH, TRASH AND, AND THINGS OF THAT NATURE AND, AND THEN PRESENT IT.
YOU COULD PUT A, YOU COULD MAKE A, YOU COULD MAKE A CASE THAT, UH, GREG ROBERSON'S HOUSE NEEDS TO BE, UH, NEEDS TO, NEEDS SOME UH, IMMINENT NEEDS REPAIRS, UM, VERY BADLY.
UH, YOU COULD REALLY MAKE THAT CASE.
AND YET, I LIVE IN A VERY NICE HOUSE, AND YOU MIGHT SAY THAT, UH, IT, IT'S, UH, IT REALLY DOESN'T NEED ANY REPAIRS.
IF YOU PASS BY THE SENIOR HOUSING, THE EBENEZER SENIOR HOUSING, YOU WOULD SEE A VERY, VERY NICE STRUCTURE.
UH, IT LOOKS GOOD ON THE OUTSIDE.
UM, IT'S WELL MANICURED, UH, IT, UH, FENCED.
AND YOU WOULD NOT THINK THAT THERE ARE ANY, YOU WOULDN'T SEE ANY, UM, ANYTHING THAT LOOKED, UH, UNKEMPT OR OUT OF ORDER.
YOU WOULD SAY, THIS IS A NICE PLACE FOR PEOPLE TO LIVE.
UM, BUT THERE ARE OBVIOUSLY SOME THINGS THAT NEED TO BE REPAIRED, AND WE RECOGNIZE THAT, AND WE VERY MUCH INTEND ON TAKING CARE OF THOSE PROBLEMS. UM, AS MS. GRIFFIN SO ELOQUENTLY SAID, IT IS OUR INTENTION TO MEET THOSE, MEET THOSE REQUIREMENTS AND AS, UH, QUICKLY AS POSSIBLE.
BUT THERE ARE FINANCIAL CONSTRAINTS THAT WE ARE IN THE PROCESS OF DOING OUR BEST TO DO SOMETHING ABOUT, UM, THROUGH GRANTS AND SO FORTH.
UM, WE ARE, THE, THE CHURCH YOU MIGHT SAY IS THE LANDLORD AND LANDLORDS TYPICALLY HAVE A BAD REPUTATION.
UH, THEY'RE SEEN AS EVIL PEOPLE, SO TO SPEAK.
UM, WE'RE TRYING TO CARRY OUT THE MISSION OF, OF CHRIST, UH, TO, UM, HELP OUR FELLOW MAN, HELP OUR FELLOW PEOPLE, UH, BY PROVIDING SHELTER AND HOUSING.
AND SO I GUESS, WHAT ARE WE ASKING FOR? I GUESS WHAT WE'RE ASKING FROM YOU IS TO BE UNDERSTANDING OF OUR SITUATION THAT, UH, THAT, UM, WE ARE TRYING, WE'RE DOING OUR BEST AS A CHURCH TO HELP PEOPLE AND, UM, KEEP THAT IN MIND AND IN THE
[01:10:01]
PROCESS OF HELPING PEOPLE WITH THEIR PROBLEMS OF HOUSING THAT, UH, WE DON'T WANNA BE PENALIZED FOR THAT.IF ANYTHING, HELP US, HELP THEM AND, AND, AND NOT, UM, PUT, UH, NOT, NOT, NOT HURT US, UM, IN OUR EFFORTS TO HELP OTHERS.
I GUESS THAT'S WHAT WE'RE, WE'RE SAYING.
AND, UH, AND I KNOW THAT YOU, YOU HAVE NO INTENTION OF HURTING US, BUT, UH, THE OUTCOME COULD RESULT IN THAT.
SO, UM, IF WE COULD GET THE, THE ADDITIONAL TIME THAT, UM, MS. GRIFFIN REQUESTED, IT CERTAINLY WOULD BE BENEFICIAL TO US.
UH, I THINK SHE MENTIONED DECEMBER, UH, TO, UM, GIVE US TIME TO ADDRESS THESE, THESE PROBLEMS THAT WOULD BE CERTAINLY BENEFICIAL.
AND I THINK THAT'LL CONCLUDE WHAT I HAVE TO SAY.
UM, MR. BRITTON AND MR. ROBERTSON.
MR. ROBERTSON, Y'ALL HAVE ANYTHING NEW TO ADD TO THAT, OR, I JUST WANTED TO, MY NAME IS NATHAN ROBERSON, AND I'M THE PROUD PASTOR OF EBENEZER BAPTIST CHURCH.
AND I JUST WANTED THIS COMMISSION AND THE COMMISSIONERS, UH, TO KNOW THAT, UH, WE SUPPORT THEM.
UH, THIS IS, I'M ENDING UP MY FIRST ROOKIE SEASON.
I'M ABOUT 45 DAYS AWAY FROM MY, UH, ROOKIE SEASON BEING OVER.
UH, BUT WE'RE GRATEFUL TO BE A PART OF THE LEGACY OF EBENEZER, UH, AND WE DO VOW TO SUPPORT THEM, UH, IN RESTORING THE GLORY OF THAT SENIOR HOUSING DEPARTMENT.
I'M THE SECRETARY OF THE EAST AUSTIN ECONOMIC DEVELOPMENT CORPORATION.
UH, DON'T WANT TO BE REDUNDANT, BUT JUST TO STRESS WHAT THE, UH, OTHER MEMBERS OF HAVE INDICATED THAT, UH, IT HAS BEEN, WE ARE IN OUR NEED OF, OF, OF, OF, OF, OF, OF FINANCES.
AND WE ARE IN CURRENTLY SEEKING THAT THROUGH THE CITY AS WELL AS THE COUNTY TO SEE IF WE CAN GET THEM SOME ASSISTANCE WITH THAT.
UH, WE HAVE NOT HAD THAT, MS. GRIFFIN INDICATED, UH, OUR EXPENSES, UH, UH, EXCEED THE INCOME.
WE HAVE NOT HAD A, A RATE INCREASE FOR THE RESIDENTS, I BELIEVE, SINCE ABOUT 2012, SOMEWHERE IN THERE WITHIN THAT.
SO WE'VE BEEN VERY LIMITED ABOUT WHAT WE, UH, HAVE BEEN BRINGING IN AS FAR AS, UH, INCOME IS CONCERNED, ESPECIALLY WHEN YOU LOOK AT, UH, WITH COVID BEING THERE.
WE'VE HAD ADDITIONAL EXPENSES, UH, IN HVAC UNIT, WHICH WAS ABOUT $12,000 THAT WE HAVE IN THERE.
SO IF WE LOOK AT WHAT WE HAVE AVAILABLE EACH MONTH, AND WE TRY TO HAVE THAT TO MAKE REPAIRS, UH, OTHER EXPENSES, THE MAJOR EXPENSES THAT COME UP SORT OF, UH, BLOCK US FROM DOING THAT.
SO I DON'T WANNA BE REDUNDANT ABOUT WHAT THE OTHER INDIVIDUALS HAVE STATED, BUT, YOU KNOW, IN ANY CONSIDERATION, UH, THAT CAN BE GIVEN TO US, UH, WOULD BE GREATLY APPRECIATED.
SO I THINK WHAT I HEARD YOU SAY EARLIER IS BASICALLY YOU'D LIKE TO SEE HOW MUCH TIME GIVE YOU GUYS AS MUCH TIME AS WE POSSIBLY CAN.
IS THAT GOOD SUMMARY FOR THAT? THAT WOULD GREAT.
UM, DID YOU HAVE ANY QUESTIONS FOR THIS EVENING CHAIR? I WANTED TO REMIND YOU THAT, UH, THERE'S A, THERE'S SOMEONE WAITING TO GIVE TESTIMONY, UH, OVER THE PHONE.
MS. WILLIE, ARE YOU THERE? YES.
I AM A RESIDENT OF THE EAST AUSTIN SENIOR CITIZEN COMMUNITY.
I'VE BEEN HERE SINCE, UH, 2015.
MS. WILLIE, CAN I INTERRUPT YOU A MINUTE? I'M SORRY.
UH, WERE YOU LYING EARLIER WHEN WE SWORE EVERYBODY IN? YES.
I'VE BEEN HERE SINCE 2016, AND I WAS HERE WHEN PRIOR MANAGER WAS HERE.
AND, UH, I HAVE TO SAY THAT WHEN MR. VANCE, HE WAS THE MANAGER AT THAT TIME, WE HAD A LOT OF THINGS GOING ON.
HE WOULD MAKE SURE THE FIRE DEPARTMENT CAME AND CHECKED OUR SMOKE ALARMS AND, AND WE HAD SOMEONE MAINTENANCE BECAUSE WE ARE OLDER HERE TO CHANGE OUR LIGHT BULBS AND STUFF LIKE THAT.
WE'RE NOT GETTING THAT TYPE OF STUFF ANYMORE.
THEY'RE NOT HELPING US WITH MAINTENANCE AT ALL.
AND FOR MR. UH, ROBINSON SAY THAT IT'S MANICURED, YES,
[01:15:01]
IT'S MANICURED ON THE OUTSIDE, BUT IF SOMEONE WAS TO STEP AND LOOK AT THE BACK AREA OF OUR, UH, UNITS HERE, YOU WOULD THINK DIFFERENTLY.THEY HAVE NOT RAISED OUR RENT SINCE 2018, AND WE WERE GETTING A NEW RENEWAL EVERY YEAR.
I DON'T UNDERSTAND WHY THEY STOPPED.
IF YOU'RE IN THIS CONDITION THAT, THAT YOU'RE IN, WHY WASN'T OUR RENT RENEWED EVERY YEAR SO WE COULD PAY WHAT WE NEEDED TO PAY TO HELP GET THIS STUFF DONE HERE? I DON'T UNDERSTAND THAT.
AND I JUST WANTED TO SAY, YOU, YOU, YOU'RE OUT, OUT HERE MOWING DIRT WHEN YOU COULD HAVE BEEN USING THAT MONEY TO TAKE CARE OF THIS DAMAGE THAT WE HAVE IN THE BACK, BACK HERE THAT NO ONE CAN SEE BUT US.
AND I JUST FEEL LIKE THE MONEY THAT SHOULD HAVE BEEN APPROPRIATED HERE WAS MISAPPROPRIATED.
I WANT TO SAY THAT SHARON, THE LEG, WHO IS THE EXECUTIVE DIRECTOR FOR E-A-E-D-C, WHEN SHE BECAME AFTER, UH, MR. UH, VANCE AND MS. UH, HERST PASSED AWAY, SHE BECAME OUR MANAGER.
AND FROM THEN ON, WE, WE, WE COULDN'T PAY OUR RENT DOWN AT THE OFFICE THAT WAS DOWN THERE.
WE HAD TO WAIT TILL SHE SHOW UP.
SHE PUT UP A BOX IN THE BACK, SHE WANTED US TO DROP OUR RENT THERE.
WE'RE NOT GONNA PUT OUR RENT IN THERE.
SO I, I DON'T UNDERSTAND WHY ALL THESE THINGS THAT HAVE BEEN GOING ON SINCE 2025.
I PUT IN THE FIRST CODE, UH, 3 1 1, AND MR. BRITTON, UH, CALLED THE PEOPLE AND TOLD THEM THAT IT WAS DONE AND NOTHING WAS DONE HERE.
AND THEN MR. ASHTON, MS. WILLIE TOOK IT OVER MS. WILLIE, BUT I DIDN'T UNDERSTAND WHY THE FIRST ONE DIDN'T GO THROUGH.
MS. WILLIE, CAN YOU SUMMARIZE FOR ME? I HEAR YOU.
CAN YOU HEAR ME ALL RIGHT? YES.
YOU KIND OF WRAP IT UP FOR US.
I JUST, UH, YES, I'M GONNA WRAP IT UP.
AND I JUST WANTED TO SAY, I JUST FEEL LIKE THE, THE FUNDS HAVE BEEN MISAPPROPRIATED OVER HERE.
THEY WEREN'T, WHAT WAS SUPPOSED TO BE USED OVER HERE WAS NOT USED.
THAT'S WHY WE ARE SUFFERING NOW WITH THIS.
UNLESS THERE'S AN OBJECTION, WE'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH TWO M, HEARING NONE.
COMMISSIONERS, ANY QUESTIONS? YEAH.
OR IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? I THINK WE HAVE SO MANY QUESTIONS.
UH, COMMISSIONER AA AND THEN COMMISSIONER MARTINEZ.
UM, SO I THINK MY PRIMARY QUESTION IS, WHAT, WHAT HAS BEEN DONE BY THE EA EDC SINCE OCTOBER, 2025 TO ADDRESS THE SPECIFIC VIOLATIONS? I, I'M A LITTLE HARD OF HEARING
I'M NOT SURE IF YOUR MIC IS YOUR MIC ON.
WHAT HAS BEEN DONE BY THE ECONOMIC DEVELOPMENT CORPORATION SINCE OCTOBER, 2025 ON THE SPECIFIC VIOLATIONS REPAIR SINCE OCTOBER, 2025? THAT CAME IN FEBRUARY.
WE REPLACED THE AIR CONDITIONER, UM, AND HEATING UNIT IN A, ONE OF THE UNITS IN, UM, THAT WAS DONE THOUGH IN FEBRUARY, 2026.
UH, WE, IN TERMS OF, I BELIEVE THE, THE VIOLATIONS THAT, UM, THE INSPECTOR HAS POINTED OUT, I DO NOT BELIEVE THAT WE HAD ADDRESSED ANY OF THOSE VIOLATIONS REPAIRS.
UM, OFFICER, WHEN YOU SAY DISCOLORATION, I'M TALKING HERE SPECIFICALLY ABOUT 2K.
UM, IS THAT MOLD, UH, THE CITY OF AUSTIN DOESN'T HAVE ANY CERTIFIED
[01:20:01]
MOLD INSPECTORS, SO I CAN'T CLARIFY ON WHETHER THAT'S MOLD OR NOT.IS THE CITY ABLE TO VENTURE HAZARD A GUESS?
YEAH, MY QUESTION'S KIND OF RELATED TO THAT.
IT LOOKS LIKE THERE WAS SOME, UH, WATER DAMAGE, LIKE, UH, MAYBE ROOFING ISSUES.
WERE THERE, WERE THERE ROOFING ISSUES? WERE THERE LIKE LEAKS FOR THE, BECAUSE OF THE ROOF? UM, YES.
WHAT YOU SEE, UH, THOSE ARE ALL, UM, EACH UNIT HAS WHAT IS A, A, A STORAGE UNIT OUTSIDE OF THEIR ACTUAL RESIDENCE.
SO HE WAS SHOWING YOU A, UM, PICTURES OF THOSE STORAGE UNITS.
AND THAT'S WHAT WE DO HAVE SOME LEAKS OF WATER THAT ARE COMING INTO THOSE STORAGE UNIT AREAS, BUT NOT INTO THE UNITS.
THEY'RE STILL, THEY'RE NOT IN THE RESIDENCE? NO.
SO THERE ARE ROOFING, LIKE, UH, THE ROOF IS IN NEED OF REPAIR.
WE DO NEED SOME ROOF REPAIRS, BUT WE HAVE MADE SOME ROOF REPAIR.
THERE WAS JUST A WINDSTORM THAT OCCURRED.
UM, I BELIEVE, I'M NOT EXACTLY SURE OF THE DAY.
BUT AT THAT TIME, WE WENT IN AND WE REPAIRED, YOU KNOW, ALL, WE HAD SOME MISSING SHINGLES.
HOWEVER, WE DO HAVE SOME ISSUES WITH SOME WATER GETTING INTO THOSE STORAGE SHEDS.
DID YOU, DID YOU FILE A INSURANCE CLAIM? UH, WE DID NOT MEET THE DEDUCTIBLE FOR THAT.
AND MY OTHER QUESTION IS, WHO MANAGES THIS PROPERTY ON A DAILY BASIS? UH, WE HAVE A PROJECT COORDINATOR AND THAT PERSON'S THERE EVERY DAY.
THEY'RE THERE MONDAY THROUGH FRIDAY.
AND THEY'RE THERE, THEY HAVE AN OFFICE THERE.
THEY HAVE AN OFFICE AT THE EAST AUSTIN ECONOMIC DEVELOPMENT CORPORATION, UM, WHERE WE HAVE OUR OFFICE.
BUT IT'S NOT ON SITE, THE STREET, IT'S, IT'S IN WALKING DISTANCE.
SO SOMEBODY HAS EYES ON IT ALL THE TIME.
BUT YOU CAN COME IN AND, AND, AND SEE THEM.
BECAUSE SOME OF THE PICTURES LOOK LIKE IT WAS JUST HAD TRASH GARBAGE THAT COULD HAVE BEEN PICKED UP.
THAT'S WHAT THE PICTURES LOOK LIKE.
UH, THAT, THAT COULD BE, AND WE CAN CERTAINLY ADDRESS THAT FAIRLY QUICKLY.
SO IS THERE SOMEONE REGULAR? WE DO HAVE SOMEBODY WHO GOES TO THE PROPERTY REGULAR, VERY FREQUENTLY.
IS THERE SOMEONE DOING REGULAR LAWN MAINTENANCE? YES.
UM, COMMISSIONER GARZA, YOU HAVE NOT BEEN ABLE TO ENTER ANY OF THE UNITS TO CONFIRM THAT THESE LEAKS ARE NOT IN FACT ON THE INSIDE AS WELL? SO I'VE HAD NO COMPLAINTS OF IT BEING IN THE LIVING SPACES OF THE UNITS.
SO I HAVEN'T HAD REASON TO ENTER ANY OF THE LIVING UNITS.
UH, BUT SPECIFICALLY IN EXHIBIT 2K, THE WALL THAT SHOWS THE SEVERE DISCOLORATION AND WATER DAMAGE IS, UH, CONNECTED TO THE LIVING UNIT OF THAT, UH, BUILDING.
UM, UNFORTUNATELY I WAS NOT ABLE TO ENTER THAT UNIT 'CAUSE THE PREVIOUS OCCUPANT IS DECEASED.
COMMISSIONER RIVERA, UM, COMMISSIONER GARZA GOT GOT THERE FIRST.
DO WE ADMIT THE EXHIBITS ALREADY? YES.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
Y'ALL STAY SEATED IN CASE WE HAVE ANOTHER QUESTION FOR YOU.
IS THERE A MOTION MOVE TO CONTINUE THIS CASE UNTIL OUR OCTOBER MEETING, OUR OCTOBER MEETING, WHATEVER THAT IS.
I CAN DO, I COULDN'T HEAR THE MOTION.
SECOND MOTION BY MU COMMISSIONER MUSGROVE.
SECOND BY COMMISSIONER GARZA MOTION IS TO CONTINUE THE MEETING THIS ITEM UNTIL OCTOBER.
AND SO WE'LL PUT THIS BACK ON THE AGENDA AND READDRESS THAT AT THAT TIME, HOPEFULLY BY THAT TIME YOU WOULD HAVE FIRMED UP ENOUGH OF THAT INFORMATION THAT YOU TALKED ABOUT TONIGHT.
TO GIVE US A LITTLE BIT MORE FOUNDATION TO PROCEED WITH, KIND WORK WITH Y'ALL, BUT YET STILL MOVING IN A DIRECTION THAT OF COMPLIANCE WITH CODE.
DOES THAT MAKE SENSE? THANK YOU.
[01:25:01]
UH, I'M SORRY, YOU SAID JUST TO MAKE SURE THAT WE HAVE THE, THE FULL MOTION AND YOU'RE ASKING FOR WHAT SPECIFICALLY? JUST TO CONTINUE THE CASE UNTIL OUR OCTOBER MEETING.AND WHAT INFORMATION DO YOU WANT THE, UH, PROPERTY OWNER TO OR THE YEAH.
THE OWNER TO BRING BACK? 'CAUSE THERE HAS TO BE SOMETHING THAT'S ATTACHED, UM, THEIR PROGRESS TOWARD PROVIDING FUNDING TO MOVE FORWARD WITH THE REQUIRED REPAIRS, BECAUSE THAT SEEMS TO BE THEIR SHORTFALL AS AVAILABLE FUNDING.
IS THAT CORRECT? ARE YOU ASKING FOR US TO SHOW YOU THAT WE'RE MAKING PROGRESS ON THE REPAIRS? FUNDING FUNDING FOR THE REPAIRS? YEAH.
AND, AND I WOULD EXPECT TO ALSO AT THAT TIME, SEE, SEE SOME PROGRESS WITH PERMITTING AS WELL.
WE HAVE LIMITATIONS AS TO HOW MUCH TIME WE CAN GIVE YOU.
AND I BELIEVE THAT CONTINUING THE CASE UNTIL OUR OCTOBER MEETING GIVES YOU SOME TIME TO PULL THINGS TOGETHER, COME UP WITH YOUR FUNDING AND A PLAN TO MAKE THESE REQUIRED REPAIRS AND NOT RUN US OUT OF TIME BEFORE WE HAVE TO START IMPOSING PENALTIES.
SO I'M JUST LOOKING AT THE FUTURE.
SO IN, LET'S SAY IN OCTOBER, UM, UM, CAN WE GO FROM THERE WITH AND GET MORE TIME IF NECESSARY? SOME, SOME ATTENTION? WHAT'D YOU SAY? SOME, SOME ADDITIONAL TIME, BUT YEAH.
OF WHAT, WHAT YOU FOLKS TALKED ABOUT WAS NEEDING UNTIL DECEMBER.
AND IF WE TAKE THIS CASE BACK UP IN OCTOBER AND WE GO THROUGH THIS PROCESS AGAIN, WE'RE GONNA HAVE TO ESTABLISH A TIMELINE AFTER WHICH PENALTIES WILL BE ASSIGNED.
DOES THAT MAKE SENSE? BUT WE COULD GO FROM OCTOBER AND, AND, AND, AND SHOW PROGRESS AND GET AN EXTENSION UP TO DECEMBER.
AND POSSIBLY, POSSIBLY, POSSIBLY DON'T WANT TO SAY ANYTHING RIGHT NOW, BUT WE DO EXPECT TO SEE PROGRESS.
AND WE'RE, I THINK WE'RE BEING FAIRLY OPEN WITH YOU NOW.
OFFERING SOME ADDITIONAL TIME BEFORE WE ARE REQUIRED YEAH.
TO MOVE FORWARD WITH ESTABLISHING A PENALTY STRUCTURE.
WHAT I WOULD SUGGEST IS GETTING WITH THE STAFF AND HAVING THEM HELP YOU THROUGH, HEY, HERE'S SOME MILESTONES OF SOME THINGS YOU MIGHT WANT TO ACCOMPLISH BETWEEN NOW AND THEN.
THAT MAKE SENSE? THEY CAN LEAD YOU MORE THROUGH THAT PERMITTING PROCESS AND ADDITIONAL INFORMATION THAT WOULD BE NEEDED BY THE COMMISSION.
WAS THAT A QUESTION? I, I DO HAVE A QUESTION.
UM, WHY, IF NO PROGRESS HAS BEEN MADE ON ANY OF THE CODE VIOLATION SINCE OCTOBER OF LAST YEAR, DO WE FEEL LIKE THERE WILL BE PROGRESS NOW? WELL THE MOTION THAT'S ON THE FLOOR IS TO, UH, GIVE THAT TO ME AGAIN.
CONTINUE THIS UNTIL THE OCTOBER MEETING IF YOU WANT TO VOTE AGAIN.
IF THAT FAILS, WE CAN THEN INTRODUCE A NEW MOTION.
ANY OTHER DISCUSSION ON THE MOTION? ALRIGHT, SO THE MOTION BEFORE THIS IS TO CONTINUE THIS ON TO THE OCTOBER MEETING AND WHAT WAS THE CONDITION SIGNING? UH, AS I UNDERSTAND IT, AND CORRECT ME IF I'M WRONG, COMMISSIONER MS. GROVE, UH, IN ORDER FOR THE OWNER TO PROVIDE PROGRESS REGARDING THEIR ABILITY TO OBTAIN FUNDING TOWARDS MAKING THE REPAIRS FOR PURPOSES OF MAKING REPAIRS.
OH, AND THE PER AND PERMITTING AS WELL.
ANY OTHER DISCUSSION? WE'LL TAKE THE VOTE.
[01:30:01]
UH, ON ITEM SEVEN, THIS IS AN OBJECTION.WE'LL TAKE A 10 MINUTE BREAK BACK HERE AT EIGHT 10.
[7. Case Number: CV 2026-058243 ]
ITEM NUMBER SEVEN.UM, LET ME GET OUR INVESTIGATOR UP HERE.
OH, UM, SORRY, SOME HOUSEKEEPING.
UM, THE APPELLANT I DON'T BELIEVE HAS BEEN SWORN YOU, MS. TURNER, WERE YOU, YOU WEREN'T HERE WHEN WE SWORN PEOPLE IN.
SIR, WERE YOU HERE WHEN WE SWORE PEOPLE IN AT THE BEGINNING? ALRIGHT, HANG ON.
PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
ITEM NUMBER SEVEN ON THE AGENDA IS AN APPEAL REGARDING A MULTI-FAMILY PROPERTY LOCATED AT 800 WEST THIRD STREET.
THE CASE NUMBER IS CV 2 2 6 0 5 8 2 4 3.
THE CASE CAN BE FOUND IN, IN THE BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
THIS APPEAL BEGAN AS A COMPLAINT ABOUT 19 UNITS, WHICH WERE FLOODED AND SUB AND THE SUBSEQUENT DAMAGE, UH, WHICH WAS CONFIRMED BY AUSTIN DEVELOPMENT SERVICES AND LED TO THE NOTICE OF VIOLATION.
AN APPEAL WAS FILED ON BEHALF OF THE OWNER BY THE RISK MANAGER, WHICH IS WHY WE ARE HERE TONIGHT.
HERE'S SOME FACTS ABOUT THE CASE.
THE INITIAL COMPLAINT DATE IS MAY 4TH, 2026.
THE NOTICE OF VIOLATION INCLUDED THREE STRUCTURE MAINTENANCE VIOLATIONS, TWO OF WHICH HAVE BEEN CLEARED TO DATE IN THE READERS OR GOOGLE DRIVE FOLDER.
YOU WILL FIND THE STAFF'S EXHIBITS ONE AND TWO A THROUGH TWO J.
EXHIBIT ONE CONTAINS THE APPELLANT'S APPEAL LETTER, THE COMPLAINT AND CASE HISTORY, THE NOTICE OF VIOLATION, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, O AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO A THROUGH TWO J AND AUSTIN DEVELOPMENT SERVICES.
INVESTIGATOR EDMUND SUE IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.
INVESTIGATOR SUE, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS EDMUND SUE, UH, WITH THE DOWNTOWN DISTRICT INVESTIGATORS, UH, WITH THE DEVELOPMENT SERVICE DEPARTMENT, ALSO CO DIVISIONS.
UH, THE PROPERTY WE ARE BEING BROUGHT TODAY BEFORE YOU, UH, IS A COMMERCIAL MULTIFAMILY STRUCTURE LOCATED AT 800 WEST DUR STREET, AUSTIN, TEXAS.
UH, THE OWNER OF THE RECORD HAS BEEN IDENTIFIED AS 300 WEST AVENUE LLC ON MAY 4TH, 2026.
I HAVE RECEIVED A COMPLAINT FROM THE 3 1 1 REGARDING 19 UNITS FLOODED WITH CONTAMINATED WATER DUE TO NO PROPER DRAINAGE.
UH, I I DO WANT TO, UH, SAY SOMETHING EVEN THOUGH IT SAYS 19 UNITS, BUT THE CITY OF AUSTIN ACTUALLY ONLY RECEIVED ONE CASE.
UH, AND THERE'S ONLY ONE UNIT WAS IDENTIFIED AT A TIME.
UH, ON MAY 4TH, 2026, I CONTACTED COMPLAINANT AND SET UP ON SITE INTERIOR INSPECTION AND OBSERVED THE FOLLOWING VIOLATIONS.
THE LIVING ROOM WALLS WERE POKED WITH MULTIPLE SMALL HOLES AROUND THE TIME, UH, AROUND THE BASE FOUNDATION AREA DURING THE INITIAL INSPECTIONS.
UM, AND, UH, THAT'S MY FIRST INSPECTION.
UH, LATER ON, ON MAY 8TH, 2026, UH, INSPECTOR, I, I GOT ANOTHER PHONE CALL FROM THE COMPLAINANT SAYING THAT THE CONTRACTOR HAS BEEN BACK TO PROPERTY AND OPEN OUT ADDITIONAL WALLS, UH, FOR ADDITIONAL REPAIRS.
AND DURING THAT TIME, UM, I OBSERVED THE, UH, MULTIPLE SHE ROCK WALLS HAVE BEEN REMOVED.
UM, INSTALLATION REMOVED AND ADDITIONAL, UH, DAMAGE HAVE APPEARED THROUGHOUT THE PROCESS.
UM, AND DURING THAT OBSERVATIONS, I HAVE,
[01:35:01]
UH, CONTACTED THE DEVELOPMENT SERVICE DEPARTMENT EXAMINERS TO ASK ADDITIONAL QUESTIONS REGARDING WHETHER A CONS, UH, BUILDING PERMITS REQUIRE FOR THE ADDITIONAL REPAIR.UH, I HAVE, UH, SO LATER ON GOTTEN A RESPONSE FROM, UH, UH, RANDY ROSSMAN, UH, RESPONDING.
UH, THEY DO REQUIRE A BUILDING PERMIT, UH, TO DO THE ADDITIONAL REPAIR.
AND AS, AS, UH, YOU CAN SEE THAT IN THE LATER PHOTOS.
UM, AND DURING THE PHOTOS THAT WE ALSO OBSERVED THAT, UH, ADDITIONAL HOLES, UH, IN THE REAR EXTERIOR WALLS.
AND THAT CONSISTS WITH THE ADDITIONAL VIOLATION THAT HAVE ADDED TO THE PHOTO LATER ON.
UM, AND THEN I GUESS WE CAN MOVE TO THE PICTURES EXHIBITS,
AND, UH, THE NOTICE VIOLATION HAD BEEN, UH, MAILED OUT SINCE, UH, MAY 28TH, 2026.
AND THIS IS, UH, A LETTER, SORRY.
UH, UH, YEAH, THE OTHER ONE PUT THE OTHER ONE UP.
THERE ARE, UH, JUST FOR CLARIFICATION, YOU SHOULD SEE TWO COVERS, UH, ONE THAT SAYS APPELLANT EXHIBITS AND THE OTHER IS THE CITY'S EXHIBIT.
SO WE'RE, WE'RE BRINGING THE CITY'S EXHIBIT UP RIGHT NOW,
OKAY, SO THIS PHOTO, I GUESS THIS PHOTO TWO A, UH, IS THE UNIT THAT, UH, I DID INSPECTION WITH.
UM, THIS IS, UH, THE INTERIOR REAR RIGHT SIDE OF THE PROPERTIES WHERE YOU SEE THE BASE TRIM AREA HAS MULTIPLE TINY HOLES, UH, SEEMS TO BE, UM, THEY'RE TRYING TO LET THE MOISTURE DRAIN.
NOW, UH, THE WALLS, OH YES, TWO B AND PHOTO TWO C UH, THIS IS ON THE REAR LEFT SIDE OF THE LIVING ROOM.
AND ALSO YOU CAN SEE SOME, UH, HOLES ON THE JOINT WALLS, UH, THAT ALSO HAVE, UH, HOLES THAT DRILL THROUGH.
UH, NORMALLY IF YOU DRILL HOLES, UH, TO THE JOINT WALLS THAT ALSO REQUIRE ONLY PERMIT FOR INSPECTIONS.
AND THEN PLEASE GO TO, UH, PICTURE 2D.
UH, THIS IS, UH, UM, IN THE FRONT LIVING ROOM.
UH, BUT THIS IS A SUPPORTING, SUPPORTING WALL.
UM, AND THEN THE SAME THING BASE WITH THE ADDITIONAL HOLES DURING MY INITIAL INSPECTIONS AND PLACE.
UH, NEXT PICTURE, TWO E UH, THIS IS, UH, ANOTHER PICTURE OF, UH, THE BASE BOARD BEING THE DRILL WITH MOTOR HOLES, UH, CLOSE TO BATHROOM AREA.
THIS IS ALSO DIFFERENT ANGLES FROM THE LIVING ROOM AS WELL.
AND PICTURE TWO F UH, THIS IS ACTUAL ADDRESS OF THE PROPERTIES TO IDENTIFY THE LOCATIONS.
SO THIS IS, UH, ON THE MAY 8TH WHEN THE COMPLAINANT CALLED ME BACK.
UH, THE APARTMENT CONTRACTORS, UH, HAVE BEEN OPENING UP THE PROPERTY TO DO ADDITIONAL WORK.
UH, FROM THIS PICTURE, YOU WILL SEE THE BASE AREAS.
IT DETERIORATED, UM, AND THERE'S NO INSULATION BETWEEN THE WALLS.
[01:40:01]
SEEMS TO BE SOMETHING BEING PULLED OUT AT THIS POINT.UH, AND THEN THE AREA'S, UH, INCREASED SINCE THEN.
AND THIS IS, UH, UH, ON THE OTHER END.
AND THEN THE PICTURE TWO H IS THE OTHER END OF, UH, UH, THE REAR, UH, LIVING ROOM AREA THAT ALSO THEY HAVE OPENED UP.
UM, IT'S PROBABLY A LITTLE BIT HARDER FOR YOU GUYS TO SEE.
UH, YOU, YOU DO SEE LIKE A COUPLE OF THE, UH, LITTLE LIGHT DOTS IN THE BACKGROUND, UM, THAT SHOWS, UM, THE EXTERIOR HOLES FROM THE EXTERIOR WALL AREA THAT PENETRATE THROUGH, UH, AND THEN SHOWS THE LIGHT.
UH, THE REASON I, I WAS UNABLE TO TAKE PICTURE, UH, REALLY WELL DURING THAT PERIOD OF TIME.
'CAUSE BEHIND THERE'S A WHOLE BUNCH OF BUSHES.
IT'S HARD FOR ME TO TAKE PICTURE ACROSS THE BUSH TO SHOW THAT SPECIFIC HOLE.
BUT THIS IS FROM THE INTERIOR SIDE.
YOU CAN SEE THAT THE EXTERIOR WALL ALSO HAD THE HOLE OUT THERE.
UM, AND YOU CAN SEE THAT, UM, THERE'S A COUPLE LINES BEING DRAWN THROUGH IN THE MIDDLE OF THE WALL TO A POINTING DIRECTION THAT LOOKS LIKE THEY MAY BE NEEDING ADDITIONAL CUTTING TO IDENTIFY WHAT TYPE OF DAMAGES UNDERNEATH THE, THE BASE TRIM.
AND THEN PICTURE TWO I, UM, THIS IS, UH, WHERE THE BASE OF THE, THE REAR DOOR AREA, UM, WHERE ALL THE BASE TRIMS ALL ROTTED.
SO THE COMPLAINANT ACTUALLY EASILY PICK UP, UH, THE, THE STOPPER.
SO, UM, THAT CAN CREATE ADDITIONAL GAP FOR INSECT COMING IN.
AND THEN IT'S UNABLE TO STOP THE, UH, ELEMENTS OF WATER AT THAT PERIOD OF TIME.
AND PICTURE TWO J THAT'S A LITTLE BIT MORE CLOSE UP, UH, IF YOU GUYS CAN BLOW OUT THE PICTURE, YOU SEE THE BASE BUTTON IS ALL ROTTED UP.
UH, THAT WHOLE AREA HAD TO BE REPLACED.
AND THIS CONCLUDE MY TESTIMONIES.
UH, I AM AVAILABLE FOR ANY QUESTIONS.
UH, QUESTION I'M GONNA ASK THAT THE, UH, EXHIBIT GO BACK TO RIGHT BEFORE THE PHOTOS.
UM, THIS IS THE EMAIL THAT, UH, INSPECTOR SUE ALLUDED TO YOU.
UM, SO LET ME, LET ME JUST GET THIS ON THE RECORD.
LET STAFF ASK THE COMMISSION TO ADMIT EXHIBITS ONE AND TWO A THROUGH TWO J, WHICH INCLUDES STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND AUSTIN DEVELOPMENT SERVICES RECOMMENDATION STAFF ALSO REQUEST THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE DEFICIENCY WITHIN THE NOTICE OF VIOLATION.
AND WITH THAT, THE CITY CONCLUDES THIS PRESENTATION.
I'M THE RISK MANAGER FOR ROY RESIDENTIAL.
I'M HERE REPRESENTING L WEST, WHICH IS A PROPERTY MANAGED BY ROY.
THIS MATTER ARISES FROM A SINGLE RAIN EVENT ON APRIL 30TH, WHICH CAUSED LOCALIZED WATER INTRUSION DUE TO A CLOGGED EXTERIOR DRAIN.
THIS WAS THE FIRST AND ONLY OCCURRENCE UPON DISCOVERY.
THE PROPERTY IMMEDIATELY INITIATED STANDARD WATER MITIGATION PROCEDURES, INCLUDING LIMITED REMOVAL OF FINISHES TO ALLOW FOR DRYING AND INSPECTION.
OUT OF AN ABUNDANCE OF CAUTION, AN INDEPENDENT ENGINEERING FIRM, WIS, JANIE AND ELSNER WAS ENGAGED TO EVALUATE THE WALL ASSEMBLY.
THEIR FINDINGS, WHICH HAVE BEEN PROVIDED TO THE COMMISSION FIND AND CONFIRMED THAT THE CONDITION WAS MINOR, LOCALIZED AND STRUCTURALLY INCONSEQUENTIAL WITH NO IMPACT ON THE WALL WALLS LOAD BEARING CAPACITY.
THE CONDITIONS OBSERVED BY THE INSPECTOR WERE TEMPORARY AND EXISTED DURING ACTIVE MITIGATION AND EVALUATION.
ALL WORK PERFORMED WAS LIMITED TO STANDARD MITIGATION WORK AND NON-STRUCTURAL RECTOR REC, EXCUSE ME, NON-STRUCTURAL RESTORATION.
AND THE AREA HAS SINCE BEEN FULLY REPAIRED.
GIVEN THE LIMITED SCOPE, THE ABSENCE OF STRUCTURAL IMPACT AND THE COMPLETED RESTORATION, THE CONDITIONS DO NOT CONSTITUTE A CONTINUING VIOLATION, NOR DO THEY CLEARLY FALL WITHIN PERMIT TRIGGERING CONSTRUCTION ACTIVITY.
THE WORK PERFORMED WAS LIMITED TO STANDARD WATER MITIGATION INSPECTION AND NON-STRUCTURAL RESTORATION
[01:45:01]
FOLLOWING A SINGLE EVENT.AS SUCH, WE ARE REQUESTING THAT THE CITED VIOLATIONS BE DISMISSED.
I WILL ADD THAT THE WORK THAT WAS DONE IN THE UNIT, UM, AS MR. SUE TESTIFIED CON CONSISTED OF BORE HOLES OR FLOOD CUTS FOR THE DRAINING AND DRYING OF THE WALL TO APPROXIMATELY THREE BY THREE FOOT FLOOD CUTS ON EITHER SIDE OF THE DOORWAY REMOVED REMOVAL OF WET INSULATION DRYING AND TREATED THE INTERIOR OF THE WALL, PATCHING THE FLOOD CUTS, REATTACHING THE BASEBOARDS.
IT WAS, UH, SEVERAL WEEKS LATER REOPENED FOR THE PURPOSE OF THE ENGINEER'S INSPECTION.
THEN IT WAS CLOSED PRIOR TO THE INSPECTION.
THERE WAS A THREE INCH PATCH, WHICH IS NOTED IN THE ENGINEERING REPORT ON THE EXTERIOR OSB SHEATHING, WHICH MR. SUE ALSO IDENTIFIED IN ONE OF THE PHOTOGRAPHS.
IT'S TINY, LESS THAN THREE INCHES SPACE THAT NEEDED A PATCH.
THAT NEEDED A PATCH ON THE OUTSIDE.
AND THAT HAS SINCE BEEN COMPLETED AS WELL.
AS YOU'LL NOTICE IN THE ENGINEERING REPORT, ALL OF THE WORK CONSTITUTED STANDARD MITIGATION AND RESTORATION.
THERE WASN'T ANYTHING UNUSUAL.
ALL 22 UNITS WERE TREATED THE EXACT SAME WAY.
UM, I UNDERSTAND ACCORDING TO MR. SUE'S TESTIMONY THAT THERE WAS ONLY ONE COMPLAINT.
HOWEVER, MR. SUE DID INSPECT ANOTHER UNIT, UH, WHICH ARRIVED FROM A COMPLAINT UNIT NUMBER 1317, WHICH WAS IN INSPECTED ON JUNE 11TH FOR THE EXACT SAME WATER INTRUSION EVENT THAT OCCURRED ON APRIL 30TH.
AND, UM, THERE WERE NO VIOLATIONS ISSUED FOR THE SAME REPAIRS IN THAT UNIT THAT WERE MADE IN UNIT 1331.
SO MY CONCERN IS JUST MAKING SURE THAT WE KNOW WHICH CODE IS BEING APPLIED AND THAT IT'S BEING APPLIED CONSISTENTLY, UM, ACROSS NOT JUST OUR PROPERTIES, BUT THE AUSTIN AREA.
I HAVE BEEN IN RISK MANAGEMENT AND CONSTRUCTION AND MITIGATION FOR 20 YEARS.
I HAVE NEVER BEEN TOLD NOR KNOWN FLOOD CUTS TO REQUIRE PERMITS.
AND, UM, TO THAT POINT, 21 OTHER UNITS AT THIS LOCATION ALSO HAD FLOOD CUTS.
UM, ACCORDING TO AN EMAIL, UM, INTERNALLY THAT MR. SUE SHARED WITH ME, RANDY ROSMAN, WHO HE IDENTIFIED IS USING THE CODE ENFORCEMENT STANDARDS FOR THE 2024 INTERNATIONAL BUILDING CODE SECTION 1 0 5 2 0.2, WHICH FROM MY UNDERSTANDING IS NOT AN APPLICATION APPLIED TO STANDARD FLOOD MITIGATION AND RESTORATION.
UH, DOES THE CITY HAVE ANY QUESTIONS FOR MS. TURNER? UH, MR. TURNER, YOU HAVE ANY QUESTIONS FOR THE CITY? I DID.
UM, MR. SUE, WE RECEIVED VIOLATIONS OF A DIFFERENT TYPE FOR UNIT, UM, 1317, WHICH YOU INSPECTED AND ISSUED VIOLATION FOR ON JUNE 11TH.
CAN YOU SHARE WITH ME WHAT THE COMPLAINT FOR THAT UNIT WAS? UH, I BELIEVE THAT THE UNIT WAS COMPLAINT FOR SIMILAR THINGS, BUT THE DATE I SHOWED UP, UH, THEY ALREADY FINISHED.
THE ONLY THING THAT WAS MISSING IS THE ELECTRICAL RECEPTACLE ON SITE.
'CAUSE WHEN I SHOW UP, THE PROPERTY HAS TO BE IN VIOLATIONS IN THE CONDITION WHERE I WAS ABLE TO OBSERVE FOR VIOLATION.
SO I WAS UNABLE TO OBSERVE THE SAME TYPE OF VIOLATION FOR THAT UNIT VERSUS THIS ONE.
THAT'S WHY THAT ONE I DID NOT IDENTIFY AS A ISSUE.
BUT YOU WERE AWARE THAT THERE WERE OTHER UNITS IN THE PROPERTY WITH THAT'S SIMILAR CONDITIONS WHEN YOU INSPECTED 1331? THEY TOLD ME LATER ON.
SO THAT'S OTHER PEOPLE THAT CALLED.
SO I HAVE NO IDEA WHAT HAPPENED PRIOR TO THAT.
UH, BECAUSE LIKE I SAID, UM, UNFORTUNATELY WHEN WE SHOW UP, WE HAVE TO IDENTIFY THE VIOLATION TO WRITE UP AS A VIOLATION.
SO IF SOMEBODY'S SAYING THAT THAT PERSON'S DRUNK, I WAS UNABLE TO CATCH HIM SPEEDING.
UNFORTUNATELY, I CANNOT SAY I JUST ARREST THAT PERSON.
SO THAT'S, I UNDERSTAND THE CONDITION THAT I HAD TO BE HERE.
SO OUR POSITION IS THAT THERE HAS NEVER, THERE, THE CODE HAS NEVER BEEN APPLIED TO STANDARD FLOOD MITIGATION AND RESTORATION.
UM, WE CUT FLOOD VENTS IN OUR UNITS, AS DOES EVERYBODY ELSE IN THIS CITY, UH, HUNDREDS OF TIMES OF MONTH.
[01:50:01]
AND THIS IS THE FIRST TIME IN 20 YEARS I'VE RECEIVED A VIOLATION OF THIS KIND.UM, THE CONCERN BEFORE US IS THAT THIS PARTICULAR SITUATION HAS LEGAL CONSEQUENCES THAT EXTEND BEYOND THIS.
AND SO IT IS VERY IMPORTANT FOR US THAT THE RECORD IS ACCURATE AND THAT THE CODE IS APPLIED CONSISTENTLY.
UH, ALAN WU, DEPUTY BUILDING OFFICIAL, UM, DSDI JUST WANTED TO CLARIFY THE CODE, UM, QUESTIONS THAT YOU, YOU MAY HAVE.
SO IN THE INTERNATIONAL BUILDING CODE, WE DO HAVE A CITY AMENDMENT TO THE CODES THAT ALLOW FOR, YOU KNOW, SOME MITIGATE, UH, REMOVAL REPLACING OF, OF DRYWALL.
UM, THAT'S BEYOND WHAT THE INTERNATIONAL BUILDING CODE ALLOWS.
SO JUST TO BE CLEAR IN THE AMENDMENT THAT YOU CAN REPAIR AND REPLACE GYPSUM BOARD TO A LIMIT OF A MAXIMUM 96 SQUARE FEET, WHICH IS APPROXIMATELY THREE SHEETS OF, OF GYPS BOARD.
WONDER, I HAVE THE EXACT SIZE.
YEAH, MR. TURNER, JUST ONE MOMENT.
THE LIMITS ALSO STATE THAT THEY CANNOT BE IN THE WALLS OF A FIRE RESISTANCE RATED WALL, A SHEER ASSEMBLY OR A WET WALL.
BASED ON THE CODE OFFICER SUE'S TESTIMONY, THERE WERE SOME ADJOINING WALLS THAT WERE COM UH, THAT HAD THESE PENETRATIONS.
TYPICALLY THESE JOINING WALLS ARE FIRE RESISTANCE WALL AND THAT'S WHY WE ARE CALLING FOR PERMITS TO BE REQUIRED.
SO JUST TO GIVE A LITTLE CLARIFICATION ON THAT.
CAN I RESPOND TO THAT? THANK YOU.
UM, SO THE TOTAL AREA WAS 32 FEET BY EIGHT FEET ACCORDING TO MR. SUE.
AND THE VIOLATIONS, UM, WERE NOT SPECIFIC TO ADJOINING WALLS.
ALSO, ACCORDING TO MR. SUE, THE VIOLATIONS WE WERE ISSUED WERE SPECIFIC TO THE TWO THREE BY THREE FLOOD CUTS, UM, THAT WERE SHOWN IN THE PHOTOGRAPHS.
PHOTOGRAPHS TWO C THROUGH TWO E I'VE NEVER SEEN, I WAS NEVER TOLD THAT THERE WAS ANY ISSUES WITH ANY OTHER PART OF THAT APARTMENT.
UM, SPOKE WITH MR. SUE A COUPLE OF TIMES AND WAS TOLD THAT THESE VIOLATIONS ARE SPECIFIC TO PHOTOGRAPHS TWO F AND TWO H, WHICH ARE ALSO PHOTOS I PROVIDED IN MY EXHIBITS AS WELL.
SO THIS IS THE FIRST TIME I'M HEARING OF VIOLATIONS ISSUED FOR THINGS WE WERE NOT NOTIFIED OF.
DID YOU WANNA RESPOND ON? SO, UH, WHEN I FILED THE VIOLATIONS, UH, BASED UPON, 'CAUSE UNFORTUNATELY I DON'T KNOW EVERYTHING, UH, REGARDING ALL THE PERMIT ISSUES.
SO THAT'S WHY I HAVE ASKED, UH, UH, PLAINTIFF EXAMINERS, UH, TO IDENTIFY FOR ME.
SO ACCORDING TO THEM, UM, THE EXAMINERS SAYING THAT THE, ACCORDING TO MY PICTURE THAT I SENT TO HIM, UM, THE WORK REQUIRED THE BUILDING PERMIT.
AND THAT'S WHY I HAVE ISSUED, UH, THE VIOLATION FOR HIM TO OBTAIN THE BUILDING PERMIT.
AND DURING THAT PERIOD OF TIME, BECAUSE THERE'S DIFFERENT OPENINGS ON THE PROPERTIES, UNFORTUNATELY I DON'T KNOW WHAT CONSISTS OF THE ENTIRE WORK.
'CAUSE YOU SEE FROM THE INITIAL PICTURE, THERE'S MULTIPLE WALLS WITH ADDITIONAL HOLES, LIKE A LITTLE TINY HOLE DRILL ALL UNDERNEATH.
AND UNFORTUNATELY I CANNOT STATE THE WHOLE CONSTRUCTION PROCESS.
SO DURING THE TIME I WAS SHOWING UP THERE, THERE'S TWO LARGE HOLES THAT BEING CUT OPEN.
I DON'T KNOW WHAT OTHER CONTRACTOR GOING TO DO AFTER THAT.
THEY MAY HAVE TO HAVE TO CUT ADDITIONAL THINGS.
UM, YOU KNOW, I CANNOT BABYSIT IT AND WATCH THEM THE WHOLE THING.
SO I ASSUME ALL OF THEM WILL BE CUT OPEN AND THEN PUT IT BACK.
AND ACCORDING TO THE MANAGERS, IF THERE'S 22 UNITS, UH, THAT'S BEEN AFFECTED, UH, ONLY ONE UNIT DOING REPAIR LIKE THIS AND ALL OF THEM ARE PROBABLY CONSIST AS A WHOLE, IF ALL OF THEM ADDED TOGETHER, THEY'RE ALL WELL OVER, UH, THE 96, UH, IT'S LIKE EIGHT FOOT BY 32 FOOT, UH, UH, LIMIT.
SO THEY STILL NEED TO PULL THE BUILDING PERMIT ANYWAY, UH, IF IT'S NOT JUST FOR THAT ONE UNIT.
BUT OVERALL, THE 22 UNIT ADDED TOGETHER.
UM, BUT, UH, I MEAN I BELIEVE WHATEVER, ACCORDING TO THE PLAN REVIEWER'S, UH, POINT OF VIEW THAT THEY DO NEED TO HAVE THE PERMIT AND NOW ADDITIONAL, UH, INFORMATION ACCORDING TO THE CITY VIEW, UH, PENETRATE THROUGH THE JOINT WALLS, THAT ALSO MAY AFFECT THE FIRE BEARING CONDITIONS.
[01:55:01]
HAVE TO TAKE A LOOK FOR SAFETY ISSUES.BUT DUE TO ALL THE INFORMATION, I'M ALSO LEARNING PARTIALLY, UM, HOPEFULLY THAT WILL PRESENT A BETTER PICTURE THAT, YOU KNOW, THEY STILL NEED TO PULL THE PERMIT, UH, FOR THIS CONDITION AT THIS POINT.
CAN I RESPOND TO THAT? YEAH, I HAVE IT.
SO YOU SAID THAT, UM, IF IT'S THE FIRE ADJOINING WALL RIGHT, THEN IT REQUIRES A PERMIT? CORRECT.
AND YOU SAID YOU'RE NOT SURE IF IT IS OR IT'S NOT RIGHT? UH, SORRY, UH, ARE YOU SAYING THAT WELL, I INITIALLY, I I DON'T KNOW WHAT, WHAT WOULD GO BEHIND ALL THE WALLS.
SO, SO THAT'S NOT FACTS THAT YOU'RE PRESENTING THIS, YOU'RE JUST ASSUMING, SO I DON'T SEE HOW IT'S A VIOLATION.
IF WE DON'T KNOW FOR SURE, YOU, UH, PLEASE SPEAK INTO THE MICROPHONE.
'CAUSE WE HAVE TO HAVE EVERYTHING ON, ON RECORD.
I, I BELIEVE WHAT I HEARD WAS AS A PART OF HIS EVALUATION, UH, THE INSPECTOR REVIEWED WITH SOME OTHER CODE OFFICIALS AND WAS TOLD THAT HE DID NEED, THERE IS A PERMIT REQUIRED FOR THIS LEVEL OF WORK, CORRECT? CORRECT.
SO WHICH WALLS ARE THE ONES THAT REQUIRE THAT? THE JOINT WALL IN THE REAR? MM-HMM
UH, IF YOU WANT PULL THE PICTURE, I THINK IT'S TWO TWO C TWO C.
ALONG THE LOWER LEFT HAND SIDE ON PICTURE TWO C, LEMME FIND IT.
FOUR OR THE LITTLE HOLES, UH, THROUGH, AT THE BASE, THROUGH THE ANGLE TO THE LEFT SIDE.
YEAH, THAT, THAT IS THE JOINT WALL TO THE NEXT, ON THE LEFT SIDE.
AND THAT WALL IS WHAT YOU'RE SAYING, THE JOINT WALL? CORRECT.
SO TYPICALLY, SO ANYTIME THAT WALL IS OPEN A LITTLE BIT, YEAH, WE, IT, IT NEEDS FULL CONTINUITY.
SO ONCE YOU PUNCH A HOLE, IT BREAKS THAT CONTINUITY.
SO ONCE YOU REPAIR IT, THE, UM, OUR INSPECTION TEAM MAKES SURE THAT, YOU KNOW, IT'S, IT'S DONE PROPERLY.
THE, THE, THE TYPE OF GYPSUM BOARD USED, IT'S PRETTY SPECIFIC FOR FIRE RESISTANCE WALLS.
SO THOSE ARE, UH, CHECKED AS WELL.
SO THE VIOLATION IS THAT SHE NEEDS A PERMIT THAT'S THE VIOLATION.
THERE'S A COUPLE OF DEFICIENCIES THAT I WROTE UP.
WE WROTE UP THE INTERIOR WALL SURFACE, SO THAT'S DEFINITELY A VIOLATION.
I MEAN, I THINK WE CAN ALL AGREE THERE'S HOLES IN IT.
AND I, I KNOW IT WAS A MITIGATION THING, BUT IT'S STILL A VIOLATION.
AND THEN YES, IT NEEDS A PERMIT.
THE ONES THAT ARE ADJOINING THAT ARE FIRE RATED.
IT'S A VIOLATION BECAUSE IT'S A HOLE IN THE WALL.
ANYTIME THAT YES, SOMEBODY HAS A HOLE IN THE WALL THAT'S A VIOLATION.
IF YOU'RE REPAIRING IT, YEAH, DURING THE REPAIR, IT'S A VIOLATION.
I MEAN IF, WHAT IF THEY LEFT IT LIKE THAT? WHAT IF THEY DIDN'T REPAIR IT? WE HAVE TO WRITE IT UP AS SUCH AS A VIOLATION.
AND IS THAT A FINE WITH THAT? NO, NOT JUST A VIOLATION.
WE HAVE TO, SO HE WENT BACK, NO, THEY HAVE NOT RECEIVED ANY, UH, CITATION AT THIS POINT.
THIS IS JUST TO DETERMINE IF IT'S A VIOLATION OR NOT.
SO DID HE GO BACK AND CHECK TO SEE IF IT WAS REPAIRED? THE ISSUE IS JUST THEY'RE APPEALING, NOT WHETHER IT WAS A VIOLATION OR NOT, WHETHER THERE WAS NO VIOLATION OR NOT.
SO, AND THE, AND THE INSPECTOR INVESTIGATOR CAN SPEAK TO THE, UM, PENDING VIOLATIONS.
SO, SO, UH, THE DISCUSSION RIGHT NOW WE'RE TALKING ABOUT THE, THE WORK THAT THE APARTMENT DID.
DO THEY NEED A BUILDING PERMIT? AND ACCORDING TO THE RESEARCH I DID WITH THE PLAN REVIEWERS THAT THEY HAVE IDENTIFIED THE TYPE OF WORK, ACCORDING TO MY EVIDENCE, I PROVIDED THEY DO NEED TO HAVE A BUILDING PERMIT.
AND, AND THIS IS THE ONLY THING THAT APARTMENT HAVE FAILED NOT TO COMPLY AT THIS POINT.
I WAS ON SITE YESTERDAY, THEY HAD ALREADY, UH, REPAIRED THE WALL, SO I CANNOT SEE WHAT'S BEHIND THE WALLS.
UH, AND THAT'S, THAT'S ANOTHER REASON WHY THE BUILDING PERMIT IS ESSENTIAL, BECAUSE A LOT OF TIME BUILDING INSPECTORS, UH, ONCE THERE'S PERMITTED, UH, YOU KNOW, INSPECTION, THEY WILL KNOW WHAT TYPE OF MATERIAL THEY REQUIRE.
DO THEY, UH, REPLACE THE MATERIAL CORRECTLY, UM, OR HAVE THEY MET THE STANDARD CONDITION, UH, CURRENTLY.
SO THAT'S THE REASON THAT WE HAVE TO EMPHASIZE THE, THE REASON FOR, UH, USING THE CORRECT PERMIT.
AND THAT'S WHY WE'RE ASKING THEM TO OBTAIN THE PERMIT
[02:00:01]
AT THIS POINT.UM, AM I ALLOWED TO RESPOND? HANG COMMISSIONERS, UNLESS ADMIT THE STATE'S EXHIBITS, UH, ONE, TWO A THROUGH TWO J AND THEN THE OWNER'S EXHIBITS HEARING NONE.
UH, COMMISSIONERS, ARE THERE ANY ADDITIONAL QUESTIONS FOR YES, UM, MR. W AND MR. SUE? UH, THE, UM, THE VIOLATION IS FOR THE FIRE RATED BARRIERS AND USUALLY FOR APARTMENTS, UM, THE WALLS ARE RAID FOR ONE HOUR SO THAT FIRE DOESN'T PROPAGATE FROM ONE UNIT TO THE OTHER OR INTO THE HALLWAY AND, YOU KNOW, WITH, WITHOUT AT LEAST AN HOUR GOING BY.
UM, WHICH YET WITH THAT, WOULD YOU AGREE WITH THAT STATEMENT? I JUST WANT PUT THAT TO MAKE SURE THAT, BECAUSE THE QUESTION IS, IS A CODE VIOLATION OR NOT? UM, I UNDERSTAND FROM MY READING OF THE CODE THAT YOU HAVE TO MAINTAIN THE FIRE BARRIER SO THAT FIRE DOESN'T PROPAGATE FROM ONE UNIT TO THE OTHER.
UM, YOU KNOW, AND, AND, AND THAT'S THE CONCERN.
THAT'S WHY, UH, WHENEVER WE SEE ANY JOINT WALL BEING DAMAGED, UH, WE ARE ASKING THEM TO PULL THE PERMIT TO BE IDENTIFIED.
UM, AND THIS IS THE REASON THAT WE HAVE BUILDING OFFICIAL TO HELP US TO IDENTIFY WHETHER THAT PART OF IS THE JOINT WALL BEING DAMAGED AND ACCORDING TO THE BUILDING OFFICIAL AT THIS POINT, THAT THEY DO NEED TO HAVE A BUILDING PERMIT POLE TO GET AS THINGS SPECIFICALLY INSPECTED.
AND THEN, UM, APOLOGIZE, I LOST MY, LOST MY THOUGHT.
UM, AND YOUR VIOLATION IS SPECIFIC TO THOSE WALLS, NOT THE OTHER WALLS? UH, UNFORTUNATELY WHEN WE WROTE IT UP, UM, THE VIOLATION WE HAVE IS GENERAL VIOLATIONS.
SO WHEN WE IDENTIFY, WE JUST WROTE LIKE THEY HAD TO REPAIR ALL THE, ALL THE, THE HOLES, ALL THE SERVICES, UH, WITH THE CONDITIONS.
SO THIS GENERAL, GENERAL UMBRELLA OF COVER EVERYTHING, A QUESTION FOR STAFF IS, CAN WE CLARIFY THAT VIOLATION TO BE ONLY FOR THE WALLS.
ELAINE GARRETT, ASSISTANT DIRECTOR FOR, UH, DEVELOPMENT SERVICES IN REGARDS TO THE VIOLATION CITED.
AND THEN WHAT WE'RE HERE FOR, THE APPEAL IS FOR THE VIOLATIONS THAT ARE CITED.
RIGHT? SO EVERYTHING FROM MY UNDERSTANDING IS THE CORRECTIONS HAVE BEEN CORRECTED FOR TWO OF THEM, BUT THEY WERE VIOLATIONS AT THE TIME OF THE INSPECTION.
THE THIRD ONE IS THE REQUIREMENT FOR THE BUILDING PERMIT.
UH, AND THAT REQUIREMENT WAS CONFIRMED WITH THE PERMITTING ISSUANCE.
SO BASICALLY THAT'S THE ONE THAT STILL IS, WAS EXISTING.
IT JUST BASED ON YOUR, ON YOUR QUESTION, THEY DON'T ISSUE A PERMIT FOR ONE SPECIFIC WALL.
RIGHT? THEY DO IT FOR THE WHOLE UNIT.
SO WHETHER ONE WALL REQUIRES IT AND ONE WALL DOESN'T, ONE OF THEM DID.
ANY ADDITIONAL QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED.
WE CLOSE THE PUBLIC HEARING AND WE MAY STILL HAVE SOME ADDITIONAL QUESTIONS FOR YOU.
UH, SO AT THE TIME THAT THE, HOLD ON, OH, HOLD ON.
WE MAY HAVE SOME MORE QUESTIONS FOR YOU, BUT PUBLIC HEARING PART IS CLOSED, SO COMMISSION'S GOING ON TO MAKE A DECISION FOR YOU.
SO I CAN'T REPLY, RESPOND TO ANY OF THIS THAT WAS TALKED ABOUT.
LET'S SEE IF COMMISSIONERS ARE ANY ADDITIONAL QUESTIONS FOR MS. STERNER? NO.
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 TO SECOND TO, TO DENY, TO DENY THE APPEAL OF NOTICE OF VIOLATION.
ANY DISCUSSION? NO HEARING DISCUSSION WILL GO TO THE MOTION.
[02:05:01]
PASSES.[3. Case Number: CL 2026-076095 ]
WE WILL MOVE BACK TO AGENDA ITEM THREE I.OUR LAST CASE ON THE AGENDA IS ITEM NUMBER THREE.
IT IS CASE NUMBER CL 20 26 0 7 6 0 5 9 AND IS REGARDING A FIRE DAMAGE RESIDENTIAL PROPERTY LOCATED AT 7 8 1 0 BURLESON ROAD.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER.
HERE ARE SOME FACTS ABOUT THE CASE.
THE CASE IS REGARDING A RESIDENTIAL PROPERTY THAT SUFFERED A FIRE.
THE CASE WAS OPENED IN APRIL OF 2025 AS THE RESULT OF A COMPLAINT OF AN OPEN AND ACCESSIBLE STRUCTURE.
THERE ARE NO ACTIVE PERMITS TO ADDRESS THE VIOLATIONS CITED.
THIS STRUCTURE IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS, WHICH 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 NAILING AND POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K AND THE RECOMMENDED ORDER CODE INVESTIGATOR JUAN VIAL IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED.
INVESTIGATOR VIAL, PLEASE BEGIN YOUR TESTIMONY.
I'M CODE INVESTIGATOR WITH THE, THE DEVELOPMENT SERVICES CODE COMPLIANCE.
UM, AND I'M HERE THIS EVENING TO DISCUSS THE STRUCTURAL VIOLATIONS FOUND AT THE SINGLE FAMILY RESIDENTIAL STRUCTURE ON 7 8 1 0 BURLESON ROAD.
CODE COMPLIANCE RECEIVED A COMPLAINT, UH, 3 0 1 COMPLAINT, UH, REGARDING TRASH AND DEBRIS AND AN ENLARGED ENCAMPMENT ON THE PROPERTY.
UPON ARRIVAL TO AT THE PROPERTY, I WAS ABLE TO CONFIRM THE VIOLATIONS OF TRASH AND DEBRIS AS WELL AS STRUCTURAL DAMAGE DUE TO FIRE.
A NOTICE OF VIOLATION WAS ISSUED TO THE PROPERTY OWNER, UM, OF 7,800 ESON ROAD INVESTOR, LLC, FOR BOTH THE PROPERTY ABATEMENT VIOLATIONS AND STRUCTURAL VIOLATIONS ON SITE ON JU JULY 2ND, 2025.
AN ADMINISTRATIVE CITATION WAS WRITTEN TO THE PROPERTY OWNERS FOR THE TRASH AND DEBRIS, BUT WAS APPROPRIATELY PULLED DUE TO AN INCORRECT ADDRESS.
WHILE CORRECTING THE ERROR, I WAS ABLE TO FIND A VALID REGISTERED AGENT TO THE PROPERTY WITH A VALID CITY OF AUSTIN ADDRESS.
I PROCEEDED TO CORRECT THE NOTICE OF VIOLATION AND POST BOTH THE 78 10 ESON ROAD, UH, PROPERTY AND THE REGISTERED AGENT'S, UM, PROPERTY AS WELL, MR. CALVIN, UH, PAULI CHEN, AND WITH THE UPDATED NOTICES OF VIOLATION ON AUGUST 25TH, 2025, I AM ISSUED A CORRECTED ADMINISTRATIVE CITATIONS FOR THE, THE PROPERTY FOR THE TRASH AND DEBRIS AND IMMEDIATELY RECEIVED A CALL FROM THE OWNER, MR. CHEN AND THE MAINTENANCE, UH, LEAD.
DURING THIS CALL, WE DISCUSSED THE ORIGINS OF HOMELESSNESS, THE ROOTS CAUSES OF IT, AND, AND I HAD TO END THE CONVERSATION THAT THERE WAS NO PROGRESS TOWARDS COMPLIANCE.
MR. CHEN AND MR. HERNANDEZ AND I AGREED TO A TWO MONTH TIMEFRAME FOR COMPLIANCE WHERE THE LOT WOULD BE CLEARED, THE HOUSE BOARDED AND SECURED AND ALL NECESSARY PERMITS ACTIVATED OR IN A PENDING STATUS.
UM, LEADING UP TO THE, THE DECEMBER 12TH, 2025, I WAS ABLE TO CONFIRM THAT THE PROPERTY WAS GRADUALLY PROGRESSING TOWARDS COMPLIANCE.
BUT ON THIS DAY, I NOTICED A LARGE PRESENCE OF TRAVIS COUNTY SHERIFF'S EMS VEHICLES ON SITE AND WAS, UH, TURNED AWAY DUE TO, UM, A CRIMINAL, UH, CRIME SCENE, UM, INVOLVING A DECEASED PERSON.
ULTIMATELY, THE PROPERTY WAS CLEARED OF ALL INDIVIDUALS AND THE HOUSE BOARDED AND SECURED, BUT THE TRASH AND DEBRIS STILL REMAINED ON MARCH 3RD, 20, UH, 2026, I WAS ABLE TO SPEAK WITH MR. HERNANDEZ AND HE BRIEFLY INFORMED ME THAT THE TOTAL, UH, COMPLETION FOR ABATEMENT WOULD TAKE A APPROXIMATELY, UM, TWO ADDITIONAL WEEKS AND THE PERMITS WILL BE PULLED WITHIN ADDITIONAL FOUR MONTHS.
[02:10:01]
THAT THIS WAS NOT ACCEPTABLE AND THAT ANOTHER ADMINISTRATIVE CITATION HAD BEEN ISSUED TO THE PROPERTY FOR, FOR THE CONDITIONS ON SITE.BOTH OF THESE CITATIONS, UM, THE PROPERTY OWNER WAS FOUND LIABLE ON JUNE 8TH, 2026.
I PROCEEDED TO ESCALATE THIS CASE TO BBSC AS ALL PROGRESS WITH THE ABATEMENT AND SECURING OF THE STRUCTURE CEASED IN ANTICIPATION TO BSEA SEARCH WARRANT WAS OBTAINED TO TAKE PHOTOS OF BOTH THE EXTERIOR AND INTERIOR, UM, OF THE HOUSE AND ACCESSORY STRUCTURES.
DURING THE INSPECTION, I CONFIRMED TWO OF THE BOARDS WERE REMOVED AND THE INTERIOR OF THE HOUSE APPEARED TO BE SEVERELY DAMAGED BY FIRE.
THE PHOTOS LABELED TWO A THROUGH 2K WILL DEPICT THE VIOLATIONS FOUND AT THE 78 10 BURLESON ROAD PROPERTY.
EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF A, UH, DRIVEWAY AREA WHERE YOU CAN CLEARLY MAKE OUT THAT THE PROPERTY OWNER DID BOARD AND SECURE THE PROPERTY.
THAT POSTING IS THE SEARCH WARRANT FOR TO WHICH ALLOWED ME TO BE ON PROPERTY.
NEXT PHOTO EXHIBIT TWO B IS FROM THE, UH, FROM THE DRIVEWAY AREA WHERE ONE OF THOSE BOARDS WAS REMOVED, UM, HERE THAT YOU CAN CLEARLY MAKE OUT THE EXTENT OF THE FIRE DAMAGE TO THE INTERIOR OF THE PROPERTY.
UM, YOU CAN SEE THE ROOFING SYSTEM, THE RAFTERS UP TO THE TOP OF THE, OF THE, OF THE PICTURE.
UM, THE RAFTING SYSTEM WAS, UH, CUT OUT, SO I DID NOT FEEL COMFORTABLE ENTERING THAT HOUSE, UM, WITH THE SUPPORTING MEMBERS OF THE ROOFING, UM, REMOVED.
EXHIBIT TWO C IS A, UH, PHOTO LOOKING TOWARDS INTO THE, THE INTERIOR OF THE HOUSE.
HERE YOU CAN SEE THE STRUCTURAL MEMBERS THAT WERE SEVERELY DAMAGED, UM, BY THE FIRE.
NEXT PHOTO, THIS IS EXHIBIT 2D IS THE GARAGE, UM, AREA OF THE HOUSE.
UM, THIS, THIS WAS BASICALLY BEING USED AS HOUSING, UH, FOR THOSE INDIVIDUALS.
NEXT PHOTO, THIS IS JUST A PHOTO EXHIBIT TWO E IS A, UM, PHOTO OF THE INTERIOR OF THAT OF GARAGE.
HERE YOU CAN SEE THE AMOUNT OF DEBRIS AND MATERIALS THAT WERE, WERE PULLED INTO THAT EXHIBIT.
TWO F SHOWS THAT THE FRONT DOOR AND THE THE WINDOWS ALL CORRESPONDING WINDOWS TO THE EXTERIOR WALLS WERE BOARDED AND SECURED BY THE OWNER.
UH, YOU CAN MAKE OUT THE BLACK SOOT COMING FROM THE ROOFING, UH, SYSTEM AS WELL AS, UM, THE, I GUESS THE, THE, UM, THE DECORATIVE FEATURE ABOVE THE, THE, UH, DOORWAY, UM, WAS ALSO SEVERELY DAMAGED BY FIRE.
NEXT PHOTO, THIS IS LEADING, UH, EXHIBIT TWO G IS, UM, THE WALL LEADING UP TO THE FRONT DOOR WHERE THE SIDING WAS, UM, DAMAGED, UM, BY THE INDIVIDUALS ON SITE.
UM, BUT IT WAS BOARDED UP FROM THE INTERIOR, SO THERE WAS NO WAY INDIVIDUALS COULD GO INTO THAT PROPERTY, UH, IN, IN THROUGH THAT, UM, HOLE.
EXHIBIT TWO H IS A, UH, SIDE PROFILE PICTURE OF THE, OF THE HOUSE.
UM, HERE YOU CAN, AGAIN, YOU CAN MAKE OUT THE SOOT COMING FROM THE, FROM THE ROOFING SYSTEM.
UM, WINDOWS BOARDED UP AND SECURING SECURED AND THAT CROSS BASE, THAT LITTLE SMALL VENTILATION SYSTEM TO THE ATTIC, UM, WAS DAMAGED BY THE FIRE AS WELL.
THIS IS AN EXTERIOR, UH, PICTURE FROM THE, FROM THE REAR YARD.
HERE YOU CAN SEE AND MAKE OUT THAT THE SOFFIT AND FASCIA OF THIS PROPERTY, UM, WAS ALSO DAMAGED BY THE FIRE AND IS MISSING.
UM, AGAIN, ALL WINDOWS, UH, WERE BOARDED AND SECURED.
THIS IS JUST A CONTEXTUAL PHOTO OF THE, OF THE EXTERIOR OF THE GARAGE IN THE BACKYARD.
UM, THERE WAS MATERIALS ON, ON FLOOR, UM, AND THAT, UH, GARAGE WAS BOARDED AND SECURED.
NEXT PHOTO, AND THEN THIS IS THE LAST ACCESSORY STRUCTURE.
2K IS A STORAGE SHED LOCATED TO THE REAR, THE REAR LEFT HAND SIDE OF THE PROPERTY.
UM, AGAIN, UM, THIS WAS JUST IN, IN, IN DILAPIDATED STATE.
THIS WILL CONCLUDE MY TESTIMONY AND I'M AVAILABLE TO ANSWER ANY, UH, QUESTIONS YOU MAY HAVE.
THANK YOU FOR YOUR TIME AND SERVICE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT,
[02:15:01]
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 2K.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED.
A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND 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 AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND WITH THAT, THE CITY CONCLUDES ITS PRESENTATION.
COMMISSIONERS, UNLESS THERE'S AN OBJECTION, I'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH 2K.
UH, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? I MOVE TO CLOSE THE PUBLIC HEARING.
I THINK AT THIS POINT WE WOULD HAVE TO HAVE A MOTION, RIGHT? OH, YOU'RE RIGHT.
UH, UM, I'LL, I'LL HOLD MY QUESTION.
COMMISSIONER, IS THERE A MOTION I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY.
SECOND MOTION BY COMMISSIONER GARZA.
SECOND BY COMMISSIONER MUSGROVE.
COMMISSIONER BARRA? YEAH, I WAS JUST CURIOUS, UM, LOOKING AT THE MAP, IS, UH, IS THAT A PARK BEHIND IT? IS THAT WILDLAND? WHERE'S THAT FALL ON THE W IT'S WILDLAND.
THE, THE FIRE IMPLICATIONS OF THAT ARE, I DO HAVE A CLARIFICATION FOR MR. CANDELA'S ON OUR AGENDA.
IT CALLS FOR A COMMERCIAL MULTI-FAMILY STRUCTURE AND WE CALLED IT A SINGLE FAMILY HOME IN THE PRESENTATION.
UM, THIS IS A VERY LARGE PARCEL AND, UM, I WAS CONFUSED ABOUT THE USE OF THE, OF THE STRUCTURE AND, UM, THE NUMBER OF SUPPOSED UNITS ON THE STRUCTURE.
SO I PUT THAT IN THE, IN THE AGENDA THAT WAY.
COME TO FIND OUT THAT, YOU KNOW, THIS IS ACTUALLY JUST A RESIDENTIAL STRUCTURE.
NO PROBLEM WITH THE WORDING THEN.
IT'S BACKS UP TO COMMERCIAL STUFF.
[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.]
WE'LL MOVE ON TO OUR DISCUSSION ITEMS. ITEM NINE IS DISCUSSION REGARDING THE PLANNING AND DRAFTING OF THE ANNUAL INTERNAL REVIEW REPORT, WHICH INCLUDES A STATEMENT OF THE COMMISSION'S MISSION, ACTIONS TO TAKEN TO SUPPORT THAT MISSION AND THE COMMISSION'S GOALS AND OBJECTIVES FOR THE COMING YEAR.PLEASE DIRECT YOUR ATTENTION TO THE, UM, DRAFT ANNUAL INTERNAL REVIEW.
IT'S, UH, I THINK IT'S CALLED QUESTIONS AND ANSWERS.
UM, THIS IS A, THIS YEAR THE REPORT IS, IS GONNA BE SUBMITTED DIFFERENTLY.
UH, IN YEARS PAST WE KIND OF USED A TEMPLATE AND THE CHAIR WOULD, WOULD
[02:20:01]
FILL THAT IN AND SIGN IT AND THEN SUBMIT IT TO THE, UH, CITY CLERK'S OFFICE.THIS YEAR, THE CITY CLERK HAS MADE SORT OF AN ONLINE, UM, FORM FILLABLE LINK.
AND SO THE, THE CHAIR WILL, WILL BE PUTTING THAT INFORMATION FROM THIS DRAFT INTO THAT LINK.
THAT, AND AGAIN, IT, UH, I THINK HE DID A PRETTY GOOD JOB OF CAPTURING THE QUESTIONS.
UM, THE LANGUAGE THAT, THAT HE CRAFTED FOR THE ANSWERS, I THINK IS, UM, PRETTY ELOQUENT AND, UM, REALLY AND TRULY, UH, YOU KNOW, GOES TO THE HEART OF, OF, YOU KNOW, YOUR, YOUR MISSION AS, AS THE COMMISSION OF COURSE, IF YOU CAN CONVINCE HIM TO MAKE EDITS.
THE, UM, I THINK IT'S, UH, NUMBER 13 IS THE GOALS AND OBJECTION.
UH, THE ONES IN RED ARE THE, UH, LATEST, UM, OBJECTIVES THAT YOU, YOU KNOW, SOME METRICS THAT YOU WANTED TO CAPTURE, I GUESS LIKE IN OUR MAY MEETING WHEN WE STARTED TALKING ABOUT THIS.
UH, SO THIS IS, THIS IS THE DRAFT AS IS.
UM, YOU KNOW, AGAIN, IF YOU CAN, IF YOU WOULD LIKE TO MAKE SUGGESTIONS FOR EDITS BEFORE THE CHAIR FINALIZES, UH, FINALIZES IT AND SUBMITS IT, THIS IS YOUR CHANCE.
JUST TO FOLLOW UP WITH, JAMES HAS SAID, WORKING WITH HIM ON THE STATISTICAL ANALYSIS, THOSE NUMBERS WERE DERIVED FROM, SO I JUST INTEGRATED THAT STUFF WITH, ACTUALLY JAMES WAS KIND ENOUGH TO PROVIDE ENOUGH TRACTION FOR ME TO KIND OF USE THE WORD EDIT TOGETHER, UH, TO COME UP WITH SOME OF THE WORDING ON THIS.
SO THAT'S WHERE A LOT OF THIS COMES FROM.
THE, UH, AND, AND A LOT OF THIS DOESN'T APPLY 'CAUSE WE'RE NOT THE STANDARD COMMISSION OR COMMITTEES, RIGHT? SO SOME THINGS I JUST KNOW THE ANSWER'S NO.
SO I TOOK SOME LEAD LIBERTIES THERE AND WORKING WITH JAMES TO KIND OF DO THAT.
I SHOULD HAVE MENTIONED THAT I DID.
UM, I WAS AS CONFUSED ABOUT THE QUESTIONS BECAUSE AGAIN, A LOT OF THEM ARE REGARDING RECOMMENDATIONS AND YOUR, YOUR COMMISSION DOES NOT DO RECOMMENDATIONS.
SO, WELL, YOU, YOU, YOU KNOW, IT'S NOTHING PRECLUDING YOU FROM MAKING RECOMMENDATIONS, BUT YOU KNOW, YOUR JOB IS TO RETURN ORDERS.
AND SO I, UH, SPOKE TO THE CITY CLERK AND WAS INFORMED, OKAY, WELL, YOU KNOW, TAKE, TAKE YOUR METRICS AND THEN KIND OF INTEGRATE THEM AS IF YOU'RE TALKING ABOUT RECOMMENDATIONS.
SO THAT'S, THAT WAS THE, THAT WAS THE DIRECTION.
SO, SO TONIGHT'S FOLLOW UP TO THIS IS, SO WE CAN GET IT, I THINK I'VE GOT TILL JULY, END OF JULY TO TURN THIS IN IS FINESSING THE GOALS AND OBJECTIVES, UH MM-HMM
I CAN KIND OF LEAD OFF THAT CONVERSATION HAVING SPENT SOME TIME THIS AFTERNOON WORKING THROUGH SOME OF THESE.
UH, STEPH, WHAT I'D LIKE TO RECOMMEND IS THAT LOOKING AT STARTING NUMBER 13 IS SOME OF THESE ARE THE ITEMS THAT ARE LEFT OVER FROM LAST YEAR.
SO I JUST WENT THROUGH THAT LIST AND JUST MADE A FEW NOTES OF SOME THINGS.
I WOULD STRIKE THAT FIRST ONE 'CAUSE WE TRACK THAT STUFF ANYWAY.
SO REALLY STATING IT AS A GOAL IS SOMEWHAT, YOU'RE, I MEAN, YOU'RE RIGHT.
IT'S A, IT'S, IT'S WHAT WE DO, RIGHT? IT'S NOT, IT'S NOT A NEW GOAL, BUT IT'S A GOAL FOR THE NEW YEAR.
SO IF WE WANT TO CONTINUE TO, TO TRACK THAT, I WILL, I WILL CONTINUE TO DO THAT.
SO IF WE DIDN'T HAVE THAT ON HERE, YOU WOULDN'T TRACK ANYTHING.
JUST, UM, JUST, UM, YOU KNOW, IF YOU THINK IT'S, IF YOU SEE ANYTHING IN HERE THAT YOU THINK, AH, WE DON'T NEED THAT ANYMORE OR WHATEVER, THEN, YOU KNOW, WE CAN ABSOLUTELY TAKE THAT OFF.
WELL, SO SOME, THE WAY I APPROACH THIS WAS NOT I WANT TO WANNA DO IS CREATE THE, THIS HUGE AMOUNT OF ITEMS, RIGHT? SO LOOKING AT IT SAYING, OKAY, ARE THESE THINGS THAT WERE, SO DO THEY NEED TO BE ON HERE AS ACTUAL GOAL? OKAY, WE'RE GONNA DO THEM ANYWAY.
SO MY, MY PREFERENCE WOULD BE TO, TO, TO STRIKE THAT FIRST ONE BECAUSE YOU GUYS ARE GONNA CONTINUE TO DO THAT ANYWAY.
IT DOESN'T AREN'T REPEAT OFFENDER PROGRAM CASES.
THOSE REPEAT OFFENDER PROGRAMS, THOSE CASES, DANGEROUS CASES, OLD CASES WILL BE INCLUDED, UH, WILL INCLUDE SUCH CASES ON A REGULAR BSE AGENDA.
SO, I MEAN, WE DO THAT NORMALLY.
[02:25:02]
THAT'S CORRECT.WE DON'T, WE DON'T DRAG ON THOSE.
IN FACT, UM, SO I WOULD, YEAH, WE'RE STATING THE OBVIOUS HERE.
SO I WOULD JUST SAY, LET'S STRIKE THAT SECOND ONE.
I WOULD STILL SAY THOSE ARE OBJECTIVES MAY NOT BE A GOAL, BUT IT IS SOMETHING WE TRY TO OBJECTIVELY DO.
MY EXPERIENCE HAS BEEN SINCE I'VE BEEN ON THOSE, THAT'S KIND OF THE PROCESS.
THOSE THINGS RISE TO THE TOP, THEY GET HANDLED AS A PRIORITY.
IS, WAS THAT A FAIR ASSESSMENT? I THINK YOU MADE A GOOD POINT.
IS IT AN OBJECTIVE THAT WE SHOULD CONTINUE TO LEAVE THAT IN THERE? 'CAUSE HIS GOALS AND OBJECTIVES? I, I CAN, IT'S UP TO YOU GUYS, YOU KNOW, UM, WELL CONTINUE.
GO THROUGH THESE AND THEN MAYBE YOU'LL SEE ONE THAT, YEAH.
SO I THINK COMMISSIONER GARZA MAKES A GOOD POINT FOR LEAVING HIS ON THERE.
THE THIRD ONE, STAFF WILL CONTINUE TO PROVIDE REGULAR UPDATES REGARDING REPEAT OFFENDER CASES.
SO I WOULD SAY, LET'S JUST STRIKE THAT.
UNLESS WE'RE GOING TO DEDICATE A PORTION OF THE AGENDA AT EVERY MEETING TO UPDATE ALL OF THE, UH, CASES THAT ARE, UH, IN THE REPEAT OFFENDER PROGRAM, WHICH WE'RE NOT GOING TO DO BECAUSE WE DON'T HAVE THE BANDWIDTH FOR THAT.
IT'S REALLY KIND OF A USELESS, Y'ALL WANT UPDATE
THE UM, AND IN PREVIOUS, IN PREVIOUS, UH, YOUR PREDECESSORS, MAYBE THAT WAS SOMETHING THAT THEY, YOU KNOW, THEY DID TO GET THE PROPERTY OWNER TO COME BACK AND, AND INSTEAD OF A STAFF, UH, UPDATE, IT WAS, YOU KNOW, BY THE PROPERTY OWNER.
LIKE, WE WANT TO MONTHLY PROGRESS OF WHERE YOU'RE AT.
AND THAT WAS, YOU KNOW, FOR SOME OF THE MORE EGREGIOUS, UH, PROPERTIES.
AND I SEE THE INTENT OF THAT, BUT AGAIN, IT JUST SAYS REPEAT OFFENDER CASES, THAT'S A HUGE, AND IT WOULD JUST CHEW UP SO MUCH BANDWIDTH.
AND I THINK WHEN THOSE THINGS RISE TO THE TOP, AS WE SAW AS YOU ARTICULATED EARLIER, THEN THAT WARRANTS THE ATTENTION BY THE COMMISSION.
ANYWAY, PREFERENCE WOULD BE TO JUST STRIKE THAT ONE AS WELL.
UH, STAFFING COMMISSION WILL COLLABORATE ON INFORMATIONAL MATERIALS TO BE PROVIDED TO HELP THE PUBLIC BETTER UNDERSTAND THE BSE PROCESS.
WELL, UM, YOU KNOW, AGAIN, OUR, I THINK WE'VE DONE A GREAT JOB OF UPDATING OUR NOTICES AND PROVIDING, UH, WE'RE CONSTANTLY UPDATING THE, FOR INSTANCE, LIKE THE COMMUNITY PARTNERS.
UM, THE PART OF THAT NOTICE, UH, THAT PART OF THE NOTICE THAT GOES WITH EVERY SINGLE NOTICE THAT'S IS SENT.
BUT YOU DON'T NEED US FOR THAT BECAUSE IT SAYS, IT SAYS WE'LL COLLABORATE.
AND SO YOU GUYS ARE DOING INTERNAL CHANGES, WHICH YOU DON'T.
IF YOU, UM, AGAIN, YOU'RE WELCOME TO LOOK AT OUR NOTICE OF, OF HEARING AND YOU KNOW, IF YOU THINK IT NEEDS TO BE UPDATED, WE CAN CERTAINLY TAKE A LOOK AT THAT.
AND IT'S, AS IT STANDS, IT'S, YOU KNOW, TWO TO THREE PAGES LONG NOW AND I DON'T KNOW THAT PEOPLE CAN GET THROUGH IT.
UH, THE NEXT ONE, STAFF WILL CONTINUE TO PRESENT AN ANALYSIS OF THE CITY'S ACTUAL COSTS RELATING TO CASE TO A CASE AS A REC RECOMMENDATION FOR BSE TO CONSIDER WHEN PROPERTY OWNERS PETITION THE BSE FOR FEE REDUCTION.
NOW THIS IS A SPINOFF OF THAT HOLE COST ANALYSIS AND I, I WONDERED IF WE WANTED TO BEEF THAT UP, IF WE'RE SHORTEN IT UP, BUT AT LEAST SAY STAFF WILL CONTINUE TO PRESENT AN ANNUAL 'CAUSE THIS, THESE ARE SO MUCH SUBJECTIVE.
UM, UM, THE ONLY THING THAT CHANGES IS, YOU KNOW, LIKE IF WE GET A COST OF LIVING, YOU KNOW, PEOPLE'S HOURLY GOES UP, THAT'S EQUATED IN THAT, YOU KNOW, FORMULA.
SO STAFF WILL CONTINUE TO UPDATE, UH, THE CITY'S ACTUAL COST RELATING TO A CASE.
DOES THAT SOUND GOOD? YEAH, THAT'S FINE.
AND THEN THE STAFF WILL CONTINUE TO CONSIDER TO MAKE RECOMMENDATIONS REGARDING MEANS AVAILABLE TO THE COMMISSION TO ENCOURAGE TIMELY NOMINATIONS AND APPOINTMENT OF COMMISSIONERS TO FILL VACANCIES ON THE COMMISSION.
I WASN'T SURE WHERE, I THINK THAT'S MAYBE SOMETHING THAT GOT ADDED SOMEWHERE ALONG THE LINE.
AND YOU KNOW, THIS YEAR WE KIND OF WERE A LOT MORE AGGRESSIVE ABOUT THAT BECAUSE WE NEEDED TO BE, BUT WE COULD, YEAH.
OUR TANK IS ALMOST FULL, SO WE'RE REALLY NOT, WE COULD PUT, COMMISSIONERS CAN CONTINUE TO SHOW UP AT COUNCIL AND
I THINK THEY GOT TIRED OF SEEING ME.
[02:30:01]
WILL THE STAFF WILL CONTINUE TO PRESENT OR UPDATE THE ANALYSIS OF THE CITY'S ACTUAL CAUSE WE'LL KEEP THAT ONE.AND THEN I HAD THREE ADDITIONAL ONES.
STAFF AND COMMISSION WILL DEVELOP A FORMAL ONBOARDING PROCESS FOR NEW COMMISSIONERS TO PROMOTE A CONSISTENT UNDERSTANDING OF THE COMMISSION'S ROLE RESPONSIBILITIES, PROCEDURES AND EXPECTATIONS, ENABLING NEW MEMBERS TO EFFECTIVELY PARTICIPATE IN COMMISSION ACTIVITIES.
I THINK THAT'S ONE OF THOSE THINGS THAT REALLY WOULD HELP.
I DON'T KNOW ABOUT YOU GUYS WHEN I CAME ON.
IT'S KIND OF, YOU'RE STUMBLING AROUND UNTIL YOU SEE A FEW MEETINGS AND COMMISSIONER NA AND I HAVE TALKED ABOUT THAT AND JEFF AND I AS WELL.
AND I THINK THAT PROCESS MAYBE JUST NEEDS TO BE FIRMED UP A LITTLE BIT MORE.
ONE OF THE THINGS I SENT YOU AN EMAIL ABOUT IS WHENEVER WE'RE TALKING TO A NEW POTENTIAL COMMISSIONER, I'D LIKE TO GET LOOPED INTO THAT AS THE CHAIR TO INTRODUCE MYSELF AND HAVE SOME TIME TO, YOU KNOW, NOT TALK ABOUT AGENDA ITEMS. SO, YOU KNOW,
I FEEL THOSE EYES ACROSS THE ROOM
THIS IS WHAT WE DO, HERE'S HOW WE GO ABOUT IT.
I'M HAPPY TO HAVE A CUP OF COFFEE WITH YOU, WHATEVER THAT MIGHT NOT TO TALK ABOUT AGENDA ITEMS. HMM.
SO, SO DOES THAT, DOES THAT MAKE SENSE? SO JUST KIND OF AT LEAST DEVELOP SOMEWHAT OF A LITTLE FORM FLOW CHART OR SOMETHING LIKE THAT AS, AS NEW PEOPLE COME ON BOARD TO HELP.
AND SO SONYA, REAL QUICK, WHAT WOULD THAT LOOK LIKE? YOU KNOW, TO AVOID LIKE A WALKING QUORUM OR WHATEVER, LIKE, IT SOUNDS LIKE IT WOULD JUST BE CITY STAFF, THE NEW MEMBER AND YOURSELF CHAIR.
SO I THINK THAT WAS EXACTLY, I SHOULD BE OKAY.
UM, I THINK BUILDING IN STANDARDS IS DIFFERENT ENOUGH FROM THE REST OF THE BOARDS AND COMMISSIONS
ONE, ONE THOUGHT I HAD WAS PROVIDING THAT LINK TO THAT RETREAT THAT WE HAD.
THAT'S REALLY, AND WE TALKED ABOUT CHANGING THE NAME TO SOME SORT OF EDUCATIONAL, BUT THAT, THAT WOULD BE SOMETHING THAT WOULD BE BENEFICIAL IF YOU WOULD TO WATCH THAT TO REALLY GET A BETTER FEEL FOR WHAT REQUIRED READING REQUIRED.
AND I AGREE WITH THE COMMISSIONER THAT I WENT THROUGH THAT TRAINING AND THEN GOT HERE AND THOUGHT, WHAT WAS THAT ALL ABOUT
MY EXPECTATION WAS THAT, AND IT'S NOT, IT'S THIS, UH, UM, AND I, I BELIEVE MELANIE, WE HAVE BEEN DOING THAT OR I RECEIVED IT, IF YOU DON'T MIND.
UM, DO YOU, DO YOU NORMALLY GIVE A, UM, YOU KNOW, THE HANDOUT OR THE, OR THE HANDBOOK OR WHATEVER OUT TO THE NEW COMMISSIONERS? I DO, YOUR HONOR.
SO I, WHEN I, I CALL NEW COMMISSIONERS AND I OFFER TO SEND THEM MATERIALS.
I USUALLY SEND THEM THE, THE HANDOUT THAT YOU GOT AT THE RETREAT THAT WAS THE LITTLE BINDER AT THE RETREAT.
I'VE HAD OTHER COMMISSIONERS ASK ME FOR, I'VE SENT A MOTION SHEETS AND SOME OF THE THINGS THAT WE'VE PUT IN THOSE BINDERS.
IT, I, IT VARIES FROM COMMISSIONER TO COMMISSIONER, WHAT THEY WANT, YOU KNOW.
BUT I DO TRY TO PROVIDE SOME DOCUMENTS AND THINGS FOR YOU TO LOOK AT.
SUGGEST THAT YOU WATCH SOME COMMISSION MEETINGS, UM MM-HMM
AND I TRY TO ANSWER QUESTIONS.
I SPEND SOME, TRY TO SPEND TIME ON THE PHONE WITH PEOPLE MM-HMM
BUT I THINK A MEETING LIKE YOU WERE SUGGESTING IS A GREAT IDEA.
DON'T GET ME WRONG, I'M NOT CASTING THIS PER, I'M JUST SAYING, AND YOU TALK WITH SOME OF THE OTHER COMMISSIONS, IT'S VERY DIFFERENT IF YOU ASK THE RIGHT QUESTIONS AND YOU GET THE RIGHT.
SOME OF THAT MIGHT BE WHAT WE DELIVER.
ANTICIPATING THOSE QUESTIONS AND WHAT THEM MIGHT BE.
AND I'M HAPPY TO, WE COULD MAKE IT AS SIMPLE AS JUST A LITTLE Q AND A SORT OF THING.
FINDINGS OF FACTS, YOU KNOW, HERE'S WHAT THE COMMISSION IS ABOUT AND THAT SORT OF THING.
I KNOW FOR ME PERSONALLY, IT DIDN'T ACTUALLY CLICK UNTIL, AND I TOLD SONYA THIS UNTIL SHE SAID, THIS IS A QUASI-JUDICIAL.
AND I WENT, OH, MY MIND WAS STILL IN THE COMMITTEE REALM.
'CAUSE THAT'S WHERE I WAS BORN,
AND THAT'S WHEN IT, I BEGAN TO PULL THOSE TWO TOGETHER AND THEN IT KIND OF CLICKED AS, AS TO WHAT WE WERE TRYING TO DO.
UH, THE OTHER ONE WAS STAFF WILL COORDINATE AN ANNUAL SPECIAL CALLED EDUCATIONAL MEETING FOR COMMISSIONERS WITH REPRESENTATIVES FROM RELEVANT CITY DEPARTMENTS TO PROVIDE ONGOING EDUCATIONAL REGARDING PROGRAMS, PROCESSES, AND ISSUES THAT IMPACT THE WORK OF THE BUILDING AND STANDARDS COMMISSION.
AND THAT WAS KINDA MY FOLLOW UP, MY EMAIL TO THAT, THAT MAYBE THE RETREAT IS NOT REALLY QUITE WHAT THAT IS.
THAT'S A REALLY AN AN EDUCATIONAL
[02:35:01]
EVENT FOR US AS COMMISSIONERS.LEARNED A WHOLE LOT ABOUT THE DIFFERENT COMMITTEE, UH, UH, DEPARTMENTS AND WHAT THEY DID AND HOW THEY DID IT AND SONYA'S PRESENTATION.
AND I FOUND THAT TO BE VERY INFORMATIVE.
BUT THAT WE THEN LOOK AT THAT AND MAYBE RE REFRAME THAT INSTEAD OF RETRIEVE, BUT THAT WE, THAT WE'RE GONNA DO IT.
AND THEN IT'S PART OF WHAT WE DO.
MAYBE WE CALL IT A BOOTCAMP,
UM, I'M STILL TRYING TRAVIS, AND AGAIN, I'M GOING TO ASK MELANIE APPOINTED QUESTION.
SO, YOU KNOW, IF I UNDERSTOOD CORRECTLY, WE WOULD NORMALLY DO THAT IN NOVEMBER WHEN THERE'S NO MEETING.
WE QUITE OFTEN, WE'VE DONE IT IN NOVEMBER BECAUSE WE DO NOT HAVE A MEETING IN NOVEMBER, BUT IT DOESN'T HAVE TO BE IN NOVEMBER.
IT COULD BE WHENEVER THE COMMISSION WANTS TO HOLD A MEETING.
I MEAN, THAT'S JUST FREQUENTLY, IT'S HAPPENED IN NOVEMBER JUST BECAUSE OF CON THAT'S WHEN WE DON'T HAVE A REGULAR MEETING.
AND I GUESS THE ONLY THING I WOULD ADD TO THAT IS REALLY IT'S THEN BECOMES SOMEWHAT DISJOINTED, RIGHT? UNLESS WE SAY THIS IS WHEN WE DO IT, WE SCHEDULE IT EVERY NOVEMBER OR GET IT ON THE COUNTER.
TRY TO MAKE THAT AS OPPOSED TO LETTING THE COMMISSIONERS DECIDE WHEN THEY WANT TO HAVE THAT.
'CAUSE COMMISSIONERS, WHAT WE KNOW IS THEY COME AND GO, RIGHT? AND WE'VE SEEN THIS BODY CHANGE A LOT IN THE LAST YEAR.
WELL, AND THAT'S PROBABLY PART OF THE PROBLEM, IS THE, THE PEOPLE THAT ARE COMING IN THAT DON'T KNOW ANYTHING, THEY DON'T KNOW TO NEED TO NEED THIS EDUCATIONAL ENVIRONMENT.
THEY DON'T KNOW WHAT THEY DON'T KNOW.
AND IT'S DIFFICULT 'CAUSE SOMEBODY MIGHT COME ON IN JANUARY AND WE DON'T HAVE IT UNTIL NOVEMBER.
THAT'S WHY THAT KIND OF GOES BACK TO THAT ONBOARDING IT OF A MINI CRAM SESSION OF HERE'S HERE'S WHAT TO, TO EXPECT.
I ONLY HAVE ONE MORE, I'M SORRY.
ONE, AND I, I KNOW YOU'RE READY TO GO
UM, YOU KNOW, REMEMBER YOUR TERMS ARE THROUGH FEBRUARY AND THEN YOU CAN SERVE IN A HOLDOVER POSITION TILL APRIL.
SO, YOU KNOW, THEORETICALLY YOU SHOULD BE BRINGING NEW MEMBERS ON AROUND THAT TIME.
LIKE, YOU KNOW, FEBRUARY, MARCH, APRIL, YOU KNOW, MAY IS PROBABLY A GOOD TIME TO MAYBE THINK ABOUT PUTTING ON THE RETREAT JUNE.
IT, I FELT LIKE IT WORKED PRETTY WELL THIS YEAR.
WE CAN KICK THAT AROUND AND, AND KIND OF FIRM SOMETHING UP.
WELL, IF EVERYBODY WILL JUST SIT TIGHT, STAY ON THE COMMISSION WHEEL, JUST GET YOU ALL TO STAY FOR A LITTLE WHILE.
[10. Discussion regarding a resource binder to be used as a reference by the Commission during public meetings. ]
ONE LAST ONE.AND THIS HAS TO DO WITH THE BINDER.
STAFF WILL MAINTAIN AND PERIODICALLY UPDATE COMMISSIONERS RESOURCE BINDERS TO ENSURE COMMISSIONERS HAVE TIMELY ACCESS TO CURRENT INFORMATION PROCEDURES, REFERENCE MATERIALS NECESSARY TO EFFECTIVELY FULFILL THEIR RESPONSIBILITIES.
THIS IS AN AWESOME, AWESOME THING.
THANK YOU SO MUCH AGAIN FOR PULLING THIS TOGETHER.
I KNOW WHEN I GOT HERE, COMMISSIONER AA SAID, WHERE'S MY, WHERE'S MY BINDER
SO, AND I JUST WANTED TO FORMALIZE THAT AND, AND PUT THAT IN THAT, THAT WE WOULD, WE WOULD DO THAT.
COMMISSIONER THEN THE STAFF HAD A FEW THEY WANTED TO ADD.
AND I THINK SOME OF THESE CAME OUT OF COMMISSIONER REQUESTS.
SO ALL OR FOUR OF THESE WANNA ADD ALL FOUR OF THESE.
ANYBODY WANT, UM, ANY THOUGHT ON THAT? I, I GUESS MY ONLY QUESTION IS AROUND, UM, TELLING THE NUMBER OF OWNERS OR RESIDENTS REFERRED TO SOCIAL SERVICES.
IS THAT SOMETHING THAT THE DEPARTMENT IS AT, IS SET UP FOR? I DON'T, I MEAN, WE DON'T, CRAIG DOES NOT TRACK THAT, BUT WE WOULD JUST, IT, IT WOULD BE A SIMPLE INQUIRY TO SCOTT MATA.
'CAUSE THAT'S OUR ONLY SOCIAL SERVICE WE GOT.
I THINK THEY ARE TRYING TO GET ANOTHER PERSON, BUT THEY, THEY WOULD WORK TOGETHER AND THEY WOULD KNOW EXACTLY HOW MANY THEY'VE DONE.
THEY'VE, I THINK THEY'VE GOT A MASTER OF SOCIAL WORK INTERN WHO JOINS THEM.
UM, BUT YEAH, IF IT, IF IT'S AS SIMPLE AS LIKE HAVING HIM PROVIDE YEAH.
UM, THE FIRST GOAL WE TALKED ABOUT WAS STAFF WILL CONTINUE TO TRACK THE NUMBER OF CASES HEARD WITHIN THE REPORTING PERIOD THAT WERE RESOLVED SUCCESSFULLY.
THAT SUCCESSFULLY, I ASSUME IS LIKE WHAT WENT WHERE IS THAT, I GUESS IT'S WHAT DO Y'ALL CONSIDER SUCCESSFULLY, I GUESS, BUT THAT'S A GREAT, A GREAT CATCH.
I THINK, UM, I THINK THAT MIGHT HAVE BEEN INTENDED TO PROVIDE SOME SORT OF, I DON'T KNOW IF THAT'S INTENDED TO PROVIDE SOME SORT OF LIKE, FOLLOW UP ON LIKE OF THE ORDERS THAT WE ISSUED, HOW MANY OF THEM WERE EVENTUALLY RESOLVED? WHEN YOU SAY EVENTUALLY, UH,
[02:40:01]
I, UH, THE, THE VIOLATIONS GOT RESOLVED.LIKE I WILL, I WILL NOTE THAT AND IT'S PART OF THE, PART OF THE METRICS THAT I'M KEEPING.
SO THAT'S, YOU KNOW, THAT COULD, THAT GOES DOWN AS ONE, RIGHT? YEAH.
YOU KNOW, THE ORDERS YOU ISSUED TODAY, WELL THE ORDERS YOU ISSUED IN JUNE MAY NOT HAVE A CHANCE TO COME IN IN THIS REPORTING.
YEAH, AND THAT'S WHAT I WAS GONNA TOUCH ON.
IT'S JUST THE PROBLEM WITH THAT METRIC IS, I MEAN, Y'ALL WOULD USUALLY GIVE 45, 60, 90 DAYS RIGHT.
OR A CONTINUANCE AND THEN ANOTHER 60 AFTER THAT.
AND SO LIKE, WE'RE WAY PAST THE REPORTING PERIOD SOMETIMES AND IT'S JUST KIND OF LIKE, OKAY, WE MIGHT GET SUCCESS, BUT IT DOESN'T REALLY, YOU KNOW, TRANSLATE TO THAT LAST REPORTING PERIOD.
SO I DON'T WELL METRIC BY THE SAME TOKEN, WE'VE SEEN CASES COME BACK THROUGH HERE THAT WERE PUT IN PLACE YEARS AGO.
I MEAN, AND YOU KNOW, FEES KEEP ESCALATING OR ACCRUING.
SO WHAT, WHAT DOES THAT MEAN? IS THAT, WHEN ARE THOSE RESOLVED OR ARE THEY JUST PENDING OUT THERE? YEAH, THIS USED TO BE A KPI AND I, BUT I GOT RID OF IT BECAUSE IT WAS LIKE, THIS IS TERRIBLE.
BUT I WASN'T SURE WHAT WE WOULD DO WITH THAT INFORMATION.
I MEAN, WHAT, WHAT ARE WE TRYING TO FIX? I THINK IT CAME FROM THE FACT THAT Y'ALL WANNA KNOW HOW EFFECTIVE Y'ALL ARE BEING RIGHT.
I GUESS WITH YOUR DECISIONS AND YOUR ORDERS AND, AND THINGS LIKE THAT.
AND I MEAN, I THINK THAT'S IMPORTANT, BUT AGAIN, IT'S JUST HARD TO CREATE A STORY OUT OF A CERTAIN TIME PERIOD WHEN, YOU KNOW, THERE'S A LOT OF TIME GIVEN FOR THE PERSON TO COME INTO COMPLIANCE OR FOR US TO DEMOLISH IT OR YOU KNOW, WHATEVER.
AND IT JUST, THESE THINGS TAKE TIME.
I MEAN THESE ARE, THESE ARE LONG CASES A LOT, A LOT OF TIMES THEY DON'T HAPPEN WITHIN A REPORTING PERIOD, SO IT'S NOT LIKE, AND A CASE THAT YOU ISSUE AN ORDER AT THE END OF THE REPORTING PERIOD.
IT'S DEFINITELY NOT GONNA, YOU KNOW, SO, SO JUST FOR THE RECORD, I THINK, UM, I'D HAVE TO DOUBLE CHECK THE, THE NUMBERS, BUT THAT, UM, I REMEMBER THINKING TO MYSELF, OH, THAT'S PRETTY LOW.
IT WAS A VERY, VERY LOW NUMBER.
LIKE, YOU KNOW, 11 CASES OR SOMETHING LIKE THAT SINCE, SINCE JULY LAST YEAR.
AND I HAVE A QUESTION ON THE LAST RED ONE HERE.
UM, OR MAYBE IN ADDITION, STAFF WILL BEGIN KEEPING A RUNNING TOTAL OF PENALTIES COLLECTED DURING THE REPORTING PERIOD.
UM, I'D BE INTERESTED ALSO IN UNCOLLECTED PENALTIES DURING THE REPORTING PERIOD, JUST AS SOON AS THE, I WAS JUST GONNA SAY THAT USED TO BE PART OF OUR ANNUAL INTERNAL REVIEW REPORTS.
WE DID TALK ABOUT WHAT WAS COLLECTED WHEN I USED TO DO THEM.
THAT WAS PART OF THE, WE FIRST AT SOME POINT THAT FELL OFF, BUT WE DID USE TO, UH, INCLUDE THAT IN OUR ANNUAL INTERNAL REVIEW BOARDS.
SAY THAT I, I THINK COLLECTED IS A GOOD NUMBER.
'CAUSE AND, AND IT MAY NOT CORRELATE TO THAT YEAR.
WE MIGHT HAVE COLLECTED SOMETHING FROM THREE YEARS AGO THAT YEAR.
BUT UNCOLLECTED IS GONNA OPEN A HUGE CAN OF WORMS. GOT IT.
FOR US TO HAVE TO COME UP WITH PENALTY TOTALS EVERY, YOU KNOW, WITHDRAWN.
I WAS JUST GONNA SAY, I, I, UH, I THINK WHAT I'M TRYING TO GET AT IS SOME SORT OF INFORMATION TO HELP US UNDERSTAND WHEN THE PENALTIES, WHEN WE'RE KIND OF NOT GETTING PAYMENT FOR PENALTIES SO THAT WE CAN MAKE BETTER DECISIONS.
THERE'S LIKE, BUT THEN THERE, THERE'S TWO TYPES, RIGHT? THERE'S SOME THAT ARE STILL ACCRUING, RIGHT? AND THEN THERE'S SOME WHERE THEY HAVE COME INTO COMPLIANCE, BUT THEY JUST HAVEN'T PAID 'EM.
IS THAT THE ONES YOU'RE, YOU'RE WANTING TO KNOW? I THINK I'M MORE LOOKING FOR DATA THAT WOULD HELP WITH KIND OF CORRELATION BETWEEN, UM, ACTUALLY PAYING THE PENALTIES AND THE INITIAL PENALTY AMOUNTS.
LIKE WE, THERE'S A LOT OF EVIDENCE THAT HAVING EXCESSIVE PENALTIES DOES NOT ACTUALLY HELP WITH COMPLIANCE, BUT YOU DO HAVE TO HAVE ENOUGH PENALTIES TO MAKE COMPLIANCE THE MORE ATTRACTIVE OPTION.
SO I THINK THIS IS GONNA TAKE MORE TIME TO THINK ABOUT.
AND DOES NOT NEED TO GO INTO THIS ONE.
I DID HAVE A QUESTION FOR CHAIR.
ARE WE, ARE WE KEEPING, SORRY.
UM, I, YOU KNOW, I, AGAIN, I THOUGHT IT WAS, UH, PRETTY, PRETTY, PRETTY WELL WORDED AND I MEAN, ARE WE INTERESTED IN KEEPING THAT ONE OR DO YOU WANT TO LET THAT ONE LET THAT ONE GO? I, NO, I, I, I'M NOT SURE IF THAT WHO INITIALLY PROPOSED THAT ONE,
[02:45:01]
BUT I WOULDN'T BE OPPOSED TO KEEPING THE COLLECTION.SO THE SECOND RED ONE, DROPPING THE SECOND, DROPPING THE SECOND RED ONE.
WE COULD LOOK AT HOW MANY CASES HAVE BEEN RELEASED IN A YEAR.
I DON'T KNOW IF THAT'S, I DO THINK THE THIRD BULLET IS IMPORTANT BECAUSE THAT CONNECTS THE DIFFERENT ENTITIES.
I'M SORRY, DID WE FINISH THAT ONE? OKAY.
SO IT'S THIS OWNER AND I'M SORRY THEY HAVE DIFFERENT PROPERTIES.
UM, I THINK A COMMISSIONER, I'M INTERESTED IN KNOWING PETER A, B, C PROPERTIES AND THEN WE GET THIS APARTMENT COMPLEX AND THIS APARTMENT.
IS THIS ALL OWNED BY ONE SPECIFIC ENTITY? AND SO REPEAT WE'RE SEEING REDUNDANT OR DO THEY NEED TO BE LOOKED AT INDIVIDUALLY, I GUESS IS THE QUESTION, SONYA.
SO YOU'RE, DOES THAT GET US IN TROUBLE? OR IT CAN ONLY, LEMME JUST UNDERSTAND WHAT YOU'RE SAYING.
YOU'RE ASKING LIKE, LET'S SAY THEY CAME HERE, UM, A MONTH AGO, FIVE YEARS AGO, WHATEVER, BUT NOW THEY'RE, THEY HAVE ANOTHER PROPERTY AND YOU WANNA KNOW THAT THEY'VE BEEN HERE BEFORE.
IS THAT WHAT YOU'RE ASKING? NO, NO, NOT HERE.
MAYBE THEY OWN 10 APARTMENT COMPLEXES HERE IN TOWN AND ALL 10 OF THOSE ARE ON THE REPEAT OFFENDER PROGRAM.
UM, I THINK WE'RE, MY HESITATION WOULD BE IS THAT IF THAT OWNER IS HERE BEFORE YOU, THEY'RE HERE BEFORE YOU FOR THAT SPECIFIC PROPERTY.
THAT'S, AND I'M A LITTLE CONCERNED THAT WE'RE GOING TO FARFIELD SURE.
AND I, I WOULDN'T WANT SOMEONE TO LATER COME BACK AND SAY, HEY, YOU WERE BIASED AGAINST ME IN SOME WAY BECAUSE YOU WERE LOOKING AT OTHER PROPERTIES THAT I OWN.
SO YEAH, I THINK WE NEED TO JUST KEEP OUR FOCUS ON MM-HMM
SO WE, WE CAN'T BE BIASED ABOUT THAT.
WELL PERHAPS BIAS IS THE INCORRECT WORD, BUT AT THE VERY LEAST I THINK THE, WE HAVE TO CONSIDER THE CASE IN FRONT OF US.
AND THE LAST ONE ON THE PENALTIES AND CHAIR, I JUST WANNA CONFIRM, WE HAD BEEN TALKING ABOUT THE RUNNING PENALTIES PRIOR TO THIS, UH, BULLET, BUT THEN YOU STRUCK OUT SECOND RED ITEM, WHICH IS A DIFFERENT ITEM ENTIRELY ABOUT THE NUMBER OF DEMOLITIONS.
WE DID, WE DID WANT TO KEEP THE DEMOLITIONS.
I'M NOT SURE WHERE THESE CAME FROM.
THESE GUYS ARE, I THINK THEY HEARD THINGS FROM US AND ADDED THEM.
I, WITH STAFF EDITION STAFF ADDED THESE.
BUT THESE, DID THESE COME FROM US AS COMMISSIONERS? DID WE GIVE THEM THESE ITEMS? YES.
SO THESE ALL CAME FROM YOU IN THE, AT THE MAY MEETING.
AND I CAN, I CAN PROBABLY ATTACH, UH, YOU KNOW, WHO, WHO GAVE US WHAT IN JUST A MINUTE.
UM, I GUESS MY QUESTION IS, DON'T YOU ALREADY TRACKED THIS? I'M SURE.
IS THERE ANY BENEFIT TO US ADDITIONALLY GETTING INFORMATION ON THIS IF WE'RE
NOW WE, WE DON'T SEEM TO EVER HAVE TIME TO TALK ABOUT THESE SPECIFIC MM-HMM
POINTS AS A PART OF THIS MEETING.
BUT IF WE NEED TO, WE NEED YOUR GUIDANCE ON WHEN TO TALK ABOUT IT, WHAT TO SAY.
BUT, UM, I WILL LET YOU KNOW THAT WE DID GET APPROVED FOR, UH, 500,000 NOW.
SO NEXT YEAR IN, OR NEXT FISCAL YEAR, OCTOBER WHEN WE RESET, I'LL HAVE, OR CRED WILL HAVE $500,000 MM-HMM
SO THAT, I MEAN, IT'S NOT GONNA CATCH US UP ON OUR QUEUE, BUT IT'S HUGE GOING FROM 1 75 TO FIVE.
I MEAN, NOW IF WE CAN AVOID THESE BIG ONES THAT HAVE BEEN FALLING IN OUR LAP, YOU KNOW MM-HMM
THAT ARE 600, $700,000 MONSTERS, YOU KNOW, IS THAT WHAT, WHAT HAPPENS WHEN THAT MONEY IS FINALLY PAID BACK AS WE GO BACK IN? OR, OKAY GUYS, WE'RE GETTING WAY OFF THE, YEAH, I'M SORRY.
SO I GUESS THE QUESTION IS, SO DO, DO WE WANT TO DROP THAT SECOND BULLET RED BULLET GOING ONCE, GOING TWICE? I THINK UNLESS WE'RE GOING TO USE IT TO MAKE SPECIFIC DIFFERENT DECISIONS, I DON'T THINK WE'RE GONNA STOP
[02:50:01]
ORDERING DEMOLITION WHEN IT'S CALLED FOR BECAUSE I MEAN, THAT TELLS ME IS YOU'RE WONDERING HOW MANY WE DID VERSUS HOW MANY THE PEOPLE ACTUALLY DID, OR THE OWNERS ACTUALLY DID, IS WHAT THAT READS TO ME.I GUESS TO COMMISSIONER'S POINT THOUGH, LIKE THAT TELLS US DO WE NEED TO CONSIDER MORE REPAIR WORK VERSUS DEMOLITION TO HELP YOU IN A WAY EITHER CATCH UP OR GAIN FURTHER PENALTY IN A WAY TO, YOU KNOW, IT'S ALL KIND OF CONNECTED IN THAT WAY.
I, I, I THINK I WOULD JUST LIKE Y'ALL TO LOOK AT THE CASE AND WHATEVER Y'ALL ARE FEELING, RIGHT? SURE.
LIKE WE'RE GONNA RECOMMEND WHAT WE'RE WANTING AND OBVIOUSLY YOU HAVE THE ABILITY TO GO WITH THAT OR NOT.
AND I THINK THIS SHOULDN'T MATTER TO YOU AS FAR AS WHERE WE'RE AT.
I'LL SPEAK UP AND I'LL SAY MY THING OR WHATEVER, IF, YOU KNOW, WE'RE, WE CAN'T DO IT OR WE WON'T BE ABLE TO DO IT FOR A WHILE, AND MAYBE THAT'LL BE HELPFUL FOR YOU, BUT AS FAR AS YOUR DECISIONS, I MEAN, I THINK YOU JUST LOOK AT THE CASE.
I THINK THEY HAVE PICKED UP FOR SURE THIS MONTH, THIS WEEK, THIS MONTH THE ITEM WITH THE DEMO WAS PULLED.
PLEASE REFER TO NUMBER WAS THE DEMO.
REFER TO NUMBER THREE AND THE UM, UH, QUESTIONS.
OH, 15, THIS FIRST AND SECOND BULLET.
THE THIRD BULLET, WE WERE GONNA DROP THAT AND THE RUNNING TOTAL ON THE PENALTIES.
I GUESS THAT ONE'S STILL, WE'RE GONNA SCRATCH THAT AS WELL.
SO I, I WANTED TO JUST REMIND YOU THAT, UH, I, THAT WAS, UH, THE THIRD BULLET WAS, WAS, UH, COMMISSIONER TOM MILANOVICH.
UM, AND I MEAN, YOU KNOW, I'D FEEL BADLY IF WE CUT THAT AND HE'S NOT HERE.
I, I DON'T THINK IT HURTS TO LEAVE IT IN
YOU'RE GONNA BE FINALIZING THE DRAFT AND SUBMITTING IT, SO MM-HMM
WELL, MY EFFORT TO GET ALONG WITH MY COLLEAGUES
I'M, I I GUESS I'M ACTUALLY UNCOMFORTABLE KEEPING IT IN UNLESS WE'RE GONNA DO SOMETHING WITH IT.
UM, BECAUSE I THINK IT DOES, IF WE CONSIDER THAT WHEN WE'RE HEARING CASES, I THINK THAT OPENS US UP, UH, TO RISK BECAUSE WE REALLY NEED TO BE MAKING DECISIONS ON THE INDIVIDUAL CASES IN FRONT OF US.
UM, IF I'M, IF I'M SURE, I THINK THE ONLY SLIGHT TWEAK I WANNA MAKE TO THAT IS I RECALL, AND I DON'T, I THINK YOU MAY HAVE BEEN THE ONLY COMMISSIONER ON THE COMMISSION AT THE TIME, THERE WAS AN APARTMENT COMPLEX THAT CAME BEFORE THE COMMISSION TWICE, ONCE IN OCTOBER AND ONCE IN IN DECEMBER.
THE DIFFERENCE THERE BEING THAT IT WAS THE SAME COMPLEX, JUST DIFFERENT BUILDINGS.
AND SO THAT'S WHEN THE ISSUE OF, OH HEY, WE'RE IN TWO BEFORE US, JUST TWO, THREE MONTHS OR HOWEVER MANY MONTHS BEFORE US.
THAT WAS AN EXCEPTION, BUT AGAIN, IT WAS BECAUSE IT WAS THE SAME OWNER, SAME COMPLEX, JUST TWO DIFFERENT BUILDINGS.
SO THERE WAS SOME LEEWAY TO SAY, HEY, YOU WERE BEFORE US.
NOW FOR THE SECOND CASE, THERE WASN'T A WHOLE LOT OF DETAIL, YOU KNOW, WE DIDN'T REVISIT OR THE COMMISSION DIDN'T REHASH THE FIRST CASE, BUT IT WAS AT LEAST SOMETHING THAT WAS NOTED.
BUT AGAIN, I, I WANT TO AVOID PULLING IN DIFFERENT PROPERTIES AND CONSIDERING DIFFERENT PROPERTIES IF THEY'RE NOT ACTUALLY BEFORE THE, THE, THE COMMISSION.
IS THERE, JUST TO KEEP IT IN THERE, IS THERE AN ISSUE IF WE ANNUALIZE IT? THE, AND SO IT'LL BE JUST THE, THIS OWNER HAS THIS MONEY CASES HEARD THIS YEAR FOR HIM IT'LL JUST BE A, A TOP FIVE.
UM, AND IT, IT DOESN'T, IT'S ON AN ANNUALIZED BASIS.
SO THIS, THIS OWNER HAS BEEN BEFORE THE COMMITTEE 10 TIMES THIS YEAR.
I'M, I'M MAKING THAT NUMBER UP, BUT WELL, AGAIN, GOING BACK TO WHAT SONYA'S SAYING, WE REALLY SHOULD, THE MERITS OF EACH CASE SHOULD STAND INDEPENDENT.
UH, AND I THINK IF SOMEBODY'S BEEN HERE 10 TIMES, WE'LL KNOW.
COMMISSIONERS, ANYTHING ELSE TO ADD, CHANGE, MODIFY? GOOD QUESTION.
[02:55:01]
OF 10 FOR COMMISSION ENGAGEMENT?WELL, I DIDN'T WANNA GET TOO FLUFFY.
I MEAN,
I, WELL A MAJORITY OF OUR MEMBERS HAVE BEEN YES.
BUT I HAVE SEEN COMMISSIONERS COME ON AND THEN THEY JUST GO AWAY.
THEY JUST STOP COMING AND IT LEAVES US IN A TAILSPIN.
BECAUSE THEN IT'S SO MANY MEETINGS BEFORE WE CAN GO BACK TO THE, THAT COUNCIL MEMBER.
OKAY, NOW WE'RE MULTIPLE MONTHS DOWN THE ROAD AND NOW WE'RE PETITIONING TO TRY AND GET ONE OF THEM TO GET GOING.
AND THEN PRETTY MUCH SIX MONTHS HAS GONE BY.
GOTTA TELL YOU GUYS, IF YOU'VE SAT ON THIS COMMITTEE WHEN THERE'S JUST BEEN SIX MEMBERS, YEAH, YEAH, YOU CAN, BUT YOU CAN'T DO ANYTHING WHEN YOU HAVE SIX MEMBERS.
UNLESS EVERYBODY AGREES AND WEREN'T THERE.
HOW MANY MEETINGS DID WE SIT THROUGH WHERE WE'RE JUST AGONIZING OVER TRYING TO COME UP WITH SOME WAY TO SOMEBODY JUST SAID, YEAH, SOMEBODY'S LIKE, NOPE, I'M NOT GONNA, OKAY.
SO ANYWAY, I DON'T MEAN TO GET ON MY SOAPBOX, BUT IT IS MADDENING.
AS LONG AS, AS LONG AS WE KEEP AGREEING EVERYTHING.
AND YOU KNOW THE PUBLIC'S SITTING THERE AND WE'RE JUST KIND OF SPINNING OUR WHEELS TILL 10 30 AT NIGHT.
SO I'D LIKE TO SOMEHOW TO BE ABLE TO TAKE ACTION QUICKER.
UH, ACTUALLY I'M SORRY, WE GOT SOMETHING ELSE.
DISCUSSION REGARDING RESOURCE BINDERS.
ANY FEEDBACK FOR THE STAFF ON THAT? WE, WE TALKED ABOUT ADDING THE GLOSSARY.
REMEMBER YOU CAN'T, YOU CAN'T TAKE IT HOME.
WOULD YOU ADD PROBATE TO THAT? I HAD TO LOOK THAT UP.
UP MAKE, I DIDN'T KNOW WHAT PROBATE WAS.
ONCE WE GET IT PULLED TOGETHER.
[FUTURE AGENDA ITEMS ]
FUTURE AGENDA ITEMS. WE HAVE THE 2 60, 6700, 6700 BRANCHWOOD DRIVE.WHAT, WHAT ARE WE GONNA DO? I MEAN, I THINK WE'VE GOT WHAT WE WANT AT LEAST.
I MEAN IT'S A PROPERTY THAT, REMEMBER, I THINK THIS IS THE ONE I'M REMEMBERING CORRECTLY.
IT'S, YOU KNOW, OWNER OCCUPIED, SO WE AREN'T GONNA BE ABLE TO GET HIM OUT OF THERE AND DEMO IT, YOU KNOW, UM, WE ARE GONNA DEMO THE STRUCTURE IN THE BACK.
SHE WANTS GONE GET THAT THING OUT THERE.
UM, HAVE WE HAVE ANYBODY CHECKED ON HIM? 'CAUSE LAST WE HEARD HE WAS ILL AND HAVE YOU CHECKED ON THAT BRANCHWOOD DEAL? UH, I THINK I HEARD YOU SAY THAT YOU, SHE GOES BY A WEEK, WEEKLY, ONCE A WEEK.
HAVE YOU TALKED TO THE OWNER? I HAVE NOT, NO.
INSIDE THE HOUSE HE MAY NOT EVEN BE.
SO FROM WHAT THEY SAID THE LAST TIME, HE WAS PRETTY BAD.
'CAUSE THE TIME UNFORTUNATELY TO ASK QUESTIONS WAS ACTUALLY WHEN FARA WAS OKAY.
YEAH, NO, SORRY, FARA NOT TRYING TO TO STOP YOU.
SO THE TWO FU FUTURE AGENDA ITEMS WERE THE TWO, THE TWO PROPERTIES FROM TONIGHT THAT WE UH, YES.
WELL, I MEANT, UH, FOR THE NEXT AGENDA 'CAUSE WE'RE CONTINUING THOSE TILL OCTOBER, CORRECT? YES.
MY UNDERSTANDING WAS THAT THOSE WERE CONTINUED TO OCTOBER.
SO THEY WOULD NOT GO ONTO THE AUGUST AGENDA.
I DID HAVE A QUICK QUESTION FOR COMMISSIONER MUSGROVE.
YOU HAD MENTIONED WHEN THE 6,700 BRANCHWOOD ITEM WAS ON THE AGENDA THAT YOU WERE INTERESTED IN PROPOSING A FUTURE AGENDA ITEM.
AND THE QUESTION THAT I MADE NOTES TO REVISIT WITH YOU AT, AT THIS POINT, SO YOU HAD SAID A BRIEFING AND ACTION OR, AND A RECOMMENDATION.
SO THOSE ARE TWO DIFFERENT THINGS.
A BRIEFING IS WHERE ESSENTIALLY YOU'RE ASKING STAFF FOR A STATUS UPDATE SIMILAR TO TONIGHT.
SO THERE'S NO ACTION THAT TAKES PLACE.
YOU ALL JUST RECEIVE INFORMATION.
YOU MIGHT ASK SOME QUESTIONS, BUT AGAIN, YOU'RE JUST GETTING INFORMATION.
IF YOU ASK TO BRING THE CASE BACK, THEN IT'S ESSENTIALLY YOU AS THE COMMISSION WOULD BE BRINGING THE CASE BACK AND SEEKING TO REEVALUATE
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YOUR ORDER AND MAYBE TAKE SOME NEW ACTION.SO AGAIN, TWO DIFFERENT THINGS.
AND SO JUST WANNA MAKE SURE WE'RE CLEAR AS FAR AS WHAT YOU'RE ASKING FOR, IF YOU ARE IN FACT STILL ASKING TO DO SOMETHING MORE ON THIS CASE.
WELL, I'LL I'LL TELL YOU THE, THE IDEA OF THE BRIEFING IS HELPFUL.
IT'S INFORMATIONAL, BUT IF IT, IF IT RESULTS IN NO ACTION ON OUR PART, THEN I DON'T KNOW WHY WE DO IT EXCEPT FOR BEING INFORMED.
IF MY, MY QUESTION WAS REALLY DOES STAFF NOW AFTER ANOTHER MONTH HAS PASSED, RECOMMEND WANT TO RECOMMEND A FURTHER ACTION ON OUR PART? DO WE WANT TO ESCALATE THIS FURTHER? DO WE WANT TO PUT ON SOME MORE PRESSURE? BECAUSE IT DOESN'T SOUND LIKE WHAT WE'VE DONE SO FAR IS HAVING ANY IMPACT.
WELL, AND MANY TIMES THAT IS THE CASE, UNFORTUNATELY.
UM, YOU KNOW, WE MONITOR THESE CASES AND WHEN THEY OH, I KNOW YOU DO.
WHEN THEY NEED TO COME BACK FOR DEMO, WE, WE BRING 'EM BACK FOR, FOR DEMO.
RIGHT ON, ON THIS PARTICULAR CASE, THERE'S NOT A WHOLE LOT OF OPTIONS.
I I FEEL LIKE WE CHOSE THE BEST ONE BECAUSE I KNOW THE, THE PEOPLE THAT CAME HERE, THEY WANTED DEMO SO BAD THEY COULD TASTE IT, BUT RIGHT.
IF WE GOT A DEMO ORDER, IT'D JUST BE SITTING THERE NOT COLLECTING ANY PENALTIES WITH NO PRESSURE AND WE'RE NOT GONNA DEMO IT ANYWAY BECAUSE IT'S OWNER OCCUPIED.
SO IT'S JUST SITTING IN LIMBO.
WHEREAS AT LEAST WE HAVE SOME KIND OF PRESSURE.
I KNOW, I KNOW THE GUY PROBABLY DOESN'T CARE 'CAUSE HE DOESN'T MAYBE EVEN KNOW WHERE HE IS AT.
I BUT IT, SOMEONE MIGHT CARE, RIGHT? UH, SOMEONE THAT'S GONNA MAYBE OWN IT SOMEDAY OR AN HEIR OR A WELL IT IS NOT, IT'S NOT JUST THE, THE OWNER, IT'S THE NEIGHBORHOOD.
BY ALLOWING THIS JUST TO CONTINUE TO BE A MESS.
SO IS THERE, IF THERE'S SOMETHING THAT THAT STAFF WANTS TO DO THAT WE WANT TO SUPPORT THAT'LL SUPPORT THE NEIGHBORHOOD IN ADDITION TO WHAT YOU'VE ALREADY DONE AND IT SOUNDS LIKE YOU FEEL LIKE WE'VE ALREADY GONE AS FAR AS WE CAN.
I MEAN IT'S, IT'S REPAIR, VACATE AND, AND DEMO.
THOSE ARE LIKE, ARE LITERALLY THE THREE ORDERS THAT Y'ALL CAN DO, RIGHT? I MEAN UNTIL, YEAH, AND, AND AS I EXPLAINED DURING YOUR RETREAT, WHAT YOU ALL CAN ORDER, RIGHT? I MEAN AS LONG AS YOU ALL ARE, ARE STAYING WITHIN THE CONFINES OF STATE LAW, RIGHT? YOU ALL DO HAVE THE AUTHORITY TO ISSUE ORDER SO YOU CAN BRING THIS CASE BACK FOR REEVALUATION TO DECIDE DO YOU AS A COMMISSION WANT TO TAKE DIFFERENT ACTION? RIGHT.
SO THAT'S, THAT'S KIND OF, AGAIN, I'M HAVING TO PUT ON MY COMMISSION HAT RIGHT NOW.
SO I WANT YOU ALL TO THINK, IS THERE SOMETHING THAT YOU ALL THINK THAT YOU CAN ACT ON, THAT YOU CAN TAKE FURTHER ACTION ON? IN THIS CASE? I WOULD LIKE NOTHING MORE THAN FOR SOMEONE OR SOME ENTITY TO GO AND CONDEMN THAT HOUSE AND CALL IT UNINHABITABLE.
BUT IT SOUNDS LIKE WE CAN'T DO THAT.
CAN WE DO A WELFARE CHECK BY THE POLICE? LIKE WHERE THEY ACTUALLY PUT EYES ON HIM? I THAT'S, THAT'S PROBABLY OUTSIDE OF OUR PURVIEW.
YEAH, I THINK, UM, AND THE, THE GENTLEMAN HAS, UM, REFUSED CASE MANAGEMENT BY THE SOCIAL WORKER.
UM, AND ADULT PROTECTIVE SERVICES DETERMINED THAT HE WAS COMPETENT AND HE ALSO REFUSED SERVICES FROM THEM.
THAT WAS, THAT WAS A FEW MONTHS AGO.
UM, YEAH, I THINK, I THINK IT'S PROBABLY BEYOND OUR SCOPE TO ORDER A WELFARE CHECK OR TO ISSUE IT, YOU KNOW, SEND ADULT PROTECTIVE SERVICES OUT THERE.
AGAIN, I DON'T KNOW IF, IF THE SOCIAL WORKER IS ABLE TO, SINCE HE HAS REFUSED CASE MANAGEMENT, I DON'T KNOW IF THE CODE DEPARTMENT SOCIAL WORKER IS ABLE TO TAKE ANY ACTION NOW.
SO, UM, I'M SORRY ROBERT, GO AHEAD.
WERE YOU GONNA SAY SOMETHING JUST IN GENERAL TERMS? UM, THE NEXT STEP FOR OUR STAFF IS TO SEND A FAILURE TO COMPLY NOTICE AND THEN, UM, I BELIEVE AFTER A YEAR, IS THAT CORRECT? THE CASE IS REFERRED TO THE LAW DEPARTMENT FOR FURTHER ESCALATION.
SO THIS MIGHT ACTUALLY LAND WITH, UH, MS. RA'S, UH, DEPARTMENT IN EIGHT MONTHS OR SO.
SO THIS IS, SORRY, THIS IS MY FAULT BECAUSE WE'RE KIND OF GETTING A LITTLE TOO FAR AFIELD NOW WE'RE OFF OF I'M FUTURE AGENDA ITEMS, ITEMS I'M GONNA PULL IN THE REINS.
UM, YEAH, SO I THINK THE QUESTION, I'M GONNA BRING IT
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BACK TO THE ORIGINAL QUESTION, WHICH IS DO, IS THERE, DO YOU ALL WANT TO BRING THIS CASE BACK OR COMMISSIONER MUSGROVE, DO YOU WANT TO BRING THIS CASE BACK AND THEN IF NOT, WE WILL CIRCLE BACK INTERNALLY AS FAR AS THE NEXT STEPS.SO I, I WILL JUST SAY THAT THIS WAY WE KIND OF STOP FURTHER DISCUSSION ON RIGHT.
LIKE THE, AN THE QUICK ANSWER IS NO, I DON'T WANNA BRING IT BACK UNLESS STAFF WANTS TO PRESENT TO US.
ANY OTHER ITEMS? MOTION TO ADJOURN.