* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] GOOD [CALL TO ORDER ] EVENING. I CALL THE BUILDING AND STANDARDS COMMISSION. MEETING TO ORDER FOR AUGUST 26. 2026. LET THE RECORD REFLECT THE TIME IS 6 33. MINE IS MICHAEL FRANCIS. I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION. AT THIS TIME, WE'LL DO A ROLL CALL AND ASK FOR COMMISSIONER MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE. COMMISSIONER GARZA. HERE. COMMISSIONER MARTINEZ. HERE. COMMISSIONER GILKER. COMMISSIONER NARE. HERE. COMMISSIONER HARRISON. HERE. COMMISSIONER ABERRA. HERE. COMMISSIONER TOM LOVICH HERE. AND COMMISSIONER MUSGROVE HERE. I'LL GET THAT RIGHT NEXT TIME. 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 INTERPRETATION SERVICES. TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR SIX ITEMS ON THE POSTED AGENDA. THE COMMISSION WILL CONSIDER SIX CASES FROM SIX PROPERTIES. THE CASES WILL BE CONSIDERED IN THE ORDER THAT THEY APPEAR ON THE AGENDA. HOWEVER, THE COMMISSION MAY TAKE CASES OUT OF ORDER IF DEEMED APPROPRIATE. ALL ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS TO NOT IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW. ANALYST MELANIE ALLEY WILL CALL EACH CASE TONIGHT, FOLLOWED BY TESTIMONY. AUSTIN DEVELOPMENT SERVICES STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS WHEN YOUR CASE IS CALLED. THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM. IF YOU'RE PARTICIPATING REMOTELY, PLEASE UNMUTE YOUR UNMUTE YOUR PHONE. THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES FIRST AND WILL HAVE FIVE MINUTES TO DO SO. THE OWNER OR REPRESENTATIVE WILL THEN BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE CITY'S WITNESS ABOUT THEIR TESTIMONY. AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE OWNER OR OWNER'S REPRESENTATIVE WILL GIVE BE GIVEN EQUAL TIME TO PRESENT THEIR OWN WITNESSES AND EVIDENCE. THE CITY WILL BE ALLOTTED FIVE MINUTES TO CROSS-EXAMINE THE OWNER, REPRESENTATIVE, WITNESS ABOUT THEIR TESTIMONY. WHEN THE TIME INDICATES THAT YOUR TIME IS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION. WILL OUR DESIGNATED TIMES KEEPER THIS EVENING? PLEASE INTRODUCE YOURSELF. JAMES CONDEL FOR THE CITY OF AUSTIN. I'LL BE YOUR TIMEKEEPER. THANK YOU, JAMES. AFTER THE OWNER, REPRESENTATIVE, AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE. AFTER THE COMMISSION MEMBERS ASK QUESTIONS, WE'LL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE. BOTH SIDES AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES. WE WILL GIVE A THE PROPERTY OWNER OR REPRESENTATIVE OR APPELLANT THREE MINUTES TO SUMMARIZE. AT CHAIR'S DISCRETION, THE CITY MAY PERMIT BE PERMITTED TO PRESENT REBUTTAL AFTER A 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. THE DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN TEXAS LOCAL GOVERNMENT CODE. IF YOU HAVE A QUESTION ABOUT THIS PROCEDURE, PLEASE ASK A QUESTION. WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH. ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING, REMOTING IN, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN. DO EACH OF YOU AFFIRM AND SWEAR THAT THE TESTIMONY THAT YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. IF SO, PLEASE SIGNIFY BY SAYING I DO. THANK YOU. PLEASE BE SEATED, PLEASE. THERE'S NOTHING FURTHER. WE WILL PROCEED CONSIDERING THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING. BEFORE WE DO THAT CHAIR, WE COULD MOVE ON TO ITEM NUMBER FOUR. HEAR THAT FIRST. OKAY. [APPROVAL OF MINUTES ] WE DON'T HAVE ANY, ACTUALLY, WE NEED TO ADMIT THE MINUTES. SORRY. TWO MINUTES. THERE ARE NO PUBLIC COMMUNICATION THIS EVENING, SO COMMISSIONERS WILL MOVE TO MINUTES. I'LL ENTER A MOTION TO APPROVE. I MOVE TO APPROVE THE MINUTES. MOTION TO APPROVE BY COMMISSIONER MUSGROVE. SECOND, SECOND. SECOND BY COMMISSIONER GARZA. GET THAT RIGHT? I'M GETTING THERE. . ALL IN FAVOR SAY AYE. AYE. AYE. AYE. NAY. [00:05:01] BOTH MINUTES ARE APPROVED. THANK YOU OWNERS. WHEN YOUR CASE IS CALLED, PLEASE MOVE TO THE PODIUM TABLE SO THAT YOU'LL BE READY WITH YOUR PRESENTATION. WHEN THE CITY CONCLUDES MELANIE, WE'LL START CALLING THE CASES, UH, COMMISSIONERS. WE'D [4. Case Number: CL 2026-076108 ] LIKE TO MOVE, UH, TO ITEM FOUR. IF THERE'S ANY OBJECTIONS, UNLESS THERE'S ANY OBJECTIONS, HEARING NONE, WE'LL MOVE THEN TO ITEM FOUR. OKAY. ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2 26 0 7 6 1 0 8 REGARDING A FIRE DAMAGE COMMERCIAL MULTIFAMILY PROPERTY LOCATED AT 2 5 0 7 BURLESON ROAD, ALSO KNOWN AS BURL NORTH. THE STAFF EXHIBIT CAN BE FOUND IN THE GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER. HERE'S SOME FACTS ABOUT THE PROPERTY. THIS CASE WAS OPENED IN MARCH, 2026 AS THE RESULT OF A COMPLAINT REGARDING AN APARTMENT FIRE. THERE ARE NO ACTIVE PERMITS RELATED TO THE SIGHTED VIOLATIONS. THE PROPERTY IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS. IN YOUR GOOGLE DRIVE FOLDER OR READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY. A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS, AND A FIRE REPORT. AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K AND THE RECOMMENDED ORDER CODE. INVESTIGATOR JUAN ARIAL IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND DISCUSS THE VIOLATIONS AS DEPICTED. INVESTIGATOR ARIAL, PLEASE BEGIN YOUR TESTIMONY. GOOD EVENING COMMISSIONERS. MY NAME IS JUAN AND I'M THE CODE INVESTIGATOR FOR DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE. WE ARE HERE THIS EVENING TO DISCUSS THE STRUCTURAL DAMAGES CAUSED BY FIRE AT THE PROPERTY OF 25 0 7 ESON ROAD. ON MARCH 11TH, 2026. CODE COMPLIANCE RECEIVED A 3 1 1 CODE COMPLAINT FOR A FIRE DAMAGED APARTMENT COMPLEX, THE BOROUGH NORTH APARTMENTS. UPON ARRIVAL AT THE COMPLEX, I CONFIRMED THAT BOTH BUILDING ONE AND TWO WERE SEVERELY DAMAGED BY FIRE AND OR WATER. AT THE TIME OF THE INSPECTION, I NOTICED THAT THE EXTERIOR WALLS AND PORTIONS OF THE ROOFING SYSTEM FOR BUILDING TWO WERE SEVERELY DAMAGED. AS I WAS WALKING, UH, MAKING MY WAY AROUND THE AREA, TRYING TO OBTAIN PHOTOS, I NOTICED ARSON WAS ON SITE. I IMMEDIATELY ASKED THE OFFICER IF THERE WAS MORE TO THE, THIS FIRE AND HE REPLIED YES. PRIOR TO HIS RESPONSE, I OBTAINED APPROXIMATELY FIVE PHOTOS OF THE INTERIOR DAMAGE OF THE UNITS MOST AFFECTED AND PROMPTLY EXITED THE AREA TO OBTAIN ADDITIONAL EXTERIOR PHOTOS. AFTER SPEAKING WITH A COUPLE OF FIREFIGHTERS ON SITE, THEY POINTED ME IN THE DIRECTIONS OF REPRESENTATIVES ON THE PROPERTY OF THE PROPERTY THAT WERE ON SITE AT THE TIME OF THE INSPECTION. MY CONTACT INFORMATION WAS PROVIDED TO THEM, AND I INFORMED THEM THAT WE WILL BE, WE WILL NEED TO BE, WE WILL NEED TO SPEAK. WHEN THEY WERE ABLE TO DURING THE CONVERSATION, THE PROCESS OF CODE COMPLIANCE AND NOTIFICATION WAS EXPLAINED TO THEM AND WHAT NEEDED TO BE DONE. AFTER THE SCENE IS CLEARED OF A FB ACTIVITY TO BOARD AND SECURE THE AREA AS MUCH AS POSSIBLE. UPON RETURNING TO THE OFFICE, I WAS ABLE TO GENERATE A NOTICE OF VIOLATION FOR THE, FOR THE PROPERTY OWNERS, BURGE 25 0 7 LLC, AND THE LISTED SEC, SECRETARY OF STATE REGISTERED AGENT GEORGE R SOMERVILLE II. THIRD. IMMEDIATELY AFTER GENERATING THAT NOTICE, I PROCESSED THE, THE, I PROCESSED AND POSTED THE PROPERTY WITH BOTH THE NOTICE OF VIOLATION AND YELLOW PLACARD ON THE NOW BOARDED AND SECURED BREEZEWAY ON MARCH 14TH, 2026. FOLLOW FOLLOW-UP INSPECTIONS WERE CONDUCTED ONLY ONCE A MONTH, EVERY MONTH FOLLOWING THE INITIAL INSPECTION WHERE NO CONTACT WAS EVER MADE WITH A REPRESENTATIVE OF THE PROPERTY. DURING THE, DURING THIS TIME, NO, UH, NO WORK WAS SEEN TOWARDS COMPLIANCE AND OR TOWARDS OBTAINING PERMITS. I WILL NOW PRESENT MY PHOTOS LABELED TWO A THROUGH 2K. OH, SORRY. LET'S SEE. THERE WE GO. YOU HAVE A CLICKER. OH, OKAY. SO EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THE APARTMENT COMPLEX AT THE TIME OF THE INITIAL INSPECTION HERE, YOU CAN MAKE OUT [00:10:01] THE EXTENT OF THE DAMAGE IN THE BREEZEWAY, UM, THAT I HAD MENTIONED. EXHIBIT TWO B IS LOOKING UP, UM, RIGHT UNDER THAT BREEZEWAY, LOOKING UP TO THE SECOND FLOOR OF BUILDING TWO. UM, HERE YOU CAN MAKE OUT THE, THE FIRE DAMAGE TO THE EXTERIOR, THE ROOF LINE RIGHT THERE WHERE THE WINDOW, UM, IS. YOU CAN SEE THE INTERIOR, UH, UH, RAFTERS, UM, AND ROOFING STRUCTURE. EXHIBIT TWO C, UM, IS A, IS A PHOTO OF THE, UH, BREEZEWAY ITSELF LEADING INTO THE, THE UNITS THAT WERE, UH, MOSTLY DAMAGED BY, WERE SEVERELY DAMAGED BY THE FIRE. AGAIN, HERE YOU CAN SEE THE EXTENT OF THE DAMAGE, UM, OF THE ROOFING SYSTEM. EXHIBIT 2D IS THE, UM, I GUESS THE BACKYARDS OF THE BUILDING TWO. UM, SO BASICALLY THIS IS A GATED AREA, UH, TO THE PUBLIC WHERE THE, THE REAR BALCONIES OF THE APARTMENTS WOULD ABUT TO THE PRIVACY FENCE IN THE BACK. THE SECOND FLOOR IS THE, UM, THERE WAS A, A SMALL LITTLE PARTITION, LIKE AROUND A, A FIVE FOOT WALL THAT WOULD, UM, ENCLOSE THE BALCONY AREA FROM THE SECOND FLOOR. UM, THERE YOU CAN SEE THAT IT, IT WAS SEVERELY DAMAGED. EXHIBIT TWO E IS FROM BUILDING ONE. UM, HERE, THIS WAS, UH, DAMAGED FROM, UM, A FD AS THEY WERE TRYING TO PUT OUT THE FIRE, UM, IN BUILDING, UH, IN BUILDING ONE. SO THE WIND, THERE WAS WINDOWS BUSTED OUT. UM, AT THE TIME OF THE INSPECTION, UM, AGAIN, THEIR, THEIR MAINTENANCE TEAM WAS ON SITE AND THEY WERE, UM, THEY DID BOARD AND SECURE, UM, THOSE TWO WINDOWS, UH, UPON REQUEST. EXHIBIT TWO F IS A CONTEXTUAL PHOTO OF, OF THE FRONT, UM, ON 8 19 20 26. SO OF AS OF LAST WEEK, UM, WHERE THEY DID BOARD AND, UH, BOARD UP THE BREEZEWAY. UM, AS ASKED EXHIBIT TWO G IS, UH, IS A PHOTO SHOWING THAT THE VIOLATIONS WHERE THE BREEZEWAY WAS FOR, FOR THE FIRST PHOTO THAT YOU GUYS, FOR EXHIBIT TWO A, WHERE, UM, WELL, TWO B, UM, THE DAMAGES ARE STILL THERE. EXHIBIT TWO H IS THE, THE, UM, THE, THE BREATH, UM, THE VENTILATION, THE ROOF VENTILATION, UH, WINDOW. UM, BASICALLY YOU CAN TELL THAT THE FIRE WAS SO SEVERE IT STARTED COMING THROUGH THE SIDING. UM, OF THE, OF THE, OF BUILDING TWO, EXHIBIT TWO I, THIS IS THAT AREA OF THE SECOND, UM, WHERE THE, WHERE THE BALCONIES WOULD ABUT UP TO THE PRIVACY FENCE. UM, IT WAS BOARDED BOTTOM WHERE THE TIMESTAMP IS. THAT IS WHERE, WHERE THEY DID BOARD AND SECURE THAT AREA AS WELL, UH, WHEN ASKED, AND OF COURSE THE, THE BOARDING AND SECURING OF THE SECOND FLOOR AS WELL. BUT LOOKING THROUGH THERE, YOU CAN SEE THAT THE, THE, THE DAMAGES ARE STILL, UM, UH, PRESENT AS OF THE, OF THE 19TH. THIS IS A CONTEXTUAL PHOTO. UH, EXHIBIT TWO J IS A CONTEXTUAL PHOTO OF THE ROOF LINE, UM, WHERE THE FIRE, UM, PENETRATED THE ROOFING. THAT WAS A TARP THAT THEY THREW OVER THE, THE FIRE DAMAGED ROOF LINE. UM, I WANT YOU TO TAKE NOTE THAT THERE IS A DIVOT RIGHT TO THE BOTTOM OF THE ROOF LINE WHERE THE, THE TARP IS HANGING OVER. THAT'S WHERE THERE'S, THERE SHOULD BE SOME DECKING. IT, IT SHOULD, IT SHOULD HAVE BEEN FLUSHED. BUT THE, THE DIVOT, THERE'S A, THAT'S WHERE THE FIRE PROTRUDED THROUGH THE, THE ROOF LINE OF BUILDING ONE. EXHIBIT 2K IS THOSE TWO UNITS THAT I, I HAD SHOWED, UH, BEFORE WHERE THEY DID BOARD AND SECURE. THE, THE BOARDING WAS REMOVED, THE WINDOWS WERE REPLACED. UM, UM, AT THE TIME OF THIS INSPECTION, THIS WILL CONCLUDE MY TESTIMONY, AND I'M AVAILABLE TO TAKE YOUR, YOUR QUESTIONS AND THANK YOU COMMISSIONERS FOR YOUR TIME AND SERVICE. BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE AND DANGEROUS CONDITIONS. STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH 2K. STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE [00:15:01] THE FOLLOWING, ONE, WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED, A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS. B, PROVIDE A WRITTEN ENGINEERING REPORT TO THE COMMISSION'S COORDINATOR PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS, THAT THROUGH AN ONSITE INSPECTION, EVALUATES THE CURRENT AND LONG-TERM STRUCTURAL INTEGRITY OF THE FIRE DAMAGE COMMERCIAL MULTIFAMILY STRUCTURES. C, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURES AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS D REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES DEPARTMENT TO VERIFY COMPLIANCE WITH ONE A AND ONE B AND TWO ON THE 46 DAY. IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $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. THERE WE GO. MR. KLAUSEN. MR. BOWS, YOU HAVE THE OWNERS. BEFORE WE BEGIN, A COUPLE THINGS. UH, PLEASE STATE YOUR NAME AND THE ADDRESS, BUT BEFORE WE ALSO, AFTER THAT, WE BEGIN IT, IF YOU HAVE ANY QUESTIONS FOR THE CITY ABOUT THEIR PRESENTATION. OKAY. PLEASE STATE YOUR NAME, TURN YOUR MIC ON, LITTLE BUTTON THERE AT THE BOTTOM SAYS, PUSH. GOOD EVENING. UH, MY NAME IS BRANDON BATTLES. I HAVE BEEN, UH, HIRED BY ATEX RESTORATION. UH, KEVIN CLAUSE IS REPRESENTING ATEX RESTORATION. UH, BEEN HIRED AS A PROJECT CONSULTANT, UH, TRYING TO GET THE PROJECT PERMITTED. UM, I BELIEVE YOU SHOULD HAVE AN EXHIBIT THAT I WROTE, UH, DETAILING THE TIMELINE. UH, ON MARCH 11TH, UH, BRA NORTH DID SUFFER A FIRE. TRAGICALLY, THREE YOUNG CHILDREN WERE, UH, WERE KILLED IN THAT FIRE. UH, THAT IS MUCH OF THE DELAY WAS DUE TO FIRING INVESTIGATIONS AND LEGAL MATTERS. UM, JUST GOING THROUGH THE TIMELINE, AS I SAID, MARCH 11TH, UH, THE FIRE OCCURRED, UH, THE VIOLATIONS WERE POSTED. UM, AT THAT TIME, A TX ATEX RESTORATION DID BOARD UP AND SECURE THIS SITE. UH, THE GATE GATED ENTRANCE INTO THE SITE HAS TWO LOCKS ON IT, UH, ONE AT THE DOOR HANDLE, AND IT'S CHAIN LOCKED AT THE GATE BELOW TO PREVENT PUBLIC ACCESS. UH, IT AFFECTED FIVE UNITS. THOSE FIVE UNITS ARE BOARDED UP FROM THE OUTSIDE AND NOT ACCESSIBLE FROM THE INTERIOR OR THE APARTMENT. THERE IS A PLYWOOD BARRIER, UH, PUT UP THERE. UM, AFTER THE FIRE MARCH 16TH, UH, THE OWNER OF BRA NORTH, UH, RECEIVED A LETTER OF REPRESENTATION FROM PEOPLE REPRESENTING THE FAMILY THAT LOST THEIR LOVED ONES IN THE FIRE. AND AT THAT POINT, THE ONLY PEOPLE THAT WERE ALLOWED ACCESS TO THE PROPERTY WERE, UH, FIRE PERSONNEL, INVESTIGATORS AND THE LAWYERS. YEAH, SO AS THE PROJECT TEAM OF ARCHITECTS AND ENGINEERS, WHICH I AM COORDINATING WITH, UH, WE WERE NOT ALLOWED INTO THE PROPERTY TO START, UH, OUR CONSTRUCTION DOCUMENTS. UM, SO FROM THAT POINT, UH, THE 16TH OF MARCH, UH, THERE'S SEVERAL BULLET POINTS IN THERE, BUT, UM, THE NEXT DATE, UH, WHERE THE DEPARTMENTS WERE RELEASED, UH, FOR US TO START OUR RECONSTRUCTION WAS, UH, JUNE 23RD, 2026. AT THAT POINT, UH, WE WERE GIVEN ACCESS TO THE DEPARTMENTS. WE, UH, HAD OUR FIRST MEETING THERE AS A PROJECT TEAM ON JULY 2ND, AND WE STARTED OUR AS BELT DRAWINGS. UH, WE'VE HAD SEVERAL MEETINGS THERE. TERRY ORTIZ WITH LSE CONSULTANTS. STRUCTURAL DIVISION IS OUR STRUCTURAL ENGINEER. UH, TERRY WELCH IS OUR ARCHITECT, AND WE HAVE A MEP ENGINEER. IT'S, UH, CAMILA, ES, CAROLINA. ES CAMILA, EXCUSE ME. SO ON AUGUST 13TH, WE WERE HAVING ONE OF OUR FINAL ONSITE MEETINGS, UH, DISCUSSING SEVERAL ISSUES, WAITING FOR EVERYBODY TO SHOW UP. AND AS I WENT TO UNLOCK THE, [00:20:02] THE GATE, I NOTICED THE VIOLATIONS ON THE GROUND, AND I READ THEM. AND THIS WAS THE FIRST TIME WE KNEW OF THE VIOLATIONS. SO ON THE OWNER'S BEHALF, I THINK HE WAS PREOCCUPIED WITH THE LEGAL MATTERS AND THE FIRE INVESTIGATION, AND, UH, DIDN'T GIVE PRIORITY ENOUGH TO RESPONDING TO THE VIOLATIONS. UH, AS PART OF THE PROJECT TEAM, UH, THAT'S WHAT WE'RE HERE TO DO. UM, ON THIS PAST SUNDAY, AUGUST 23RD, OUR ARCHITECT DID SUBMIT A SITE PLAN EXEMPTION, UH, TO THE CITY OF AUSTIN DEVELOPMENT SERVICES. UH, AT THIS TIME, WE HAVE NOT RECEIVED THE INVOICE FOR THE, FOR THAT, UH, SITE PLAN EXEMPTION. UM, BUT IT HAS BEEN FILED ONLINE AND WE'RE AWAITING THAT INVOICE TO BE PAID, AND THAT WILL BE THE START OF OUR PERMITTING PROCESS, UH, PENDING THAT SITE PLAN EXEMPTION. UH, IF IT IS OKAY, WE HOPE TO HAVE OUR PERMIT DRAWINGS SUBMITTED WITHIN THE NEXT 30 DAYS. UH, IF IT IS NOT, UM, WE'RE NOT GIVEN PERMISSION FOR A SITE PLANNING EXEMPTION THAT WOULD EXTEND OUR TIMELINE, UH, BECAUSE OF THE INVESTIGATION, WE WERE DELAYED NEARLY A HUNDRED DAYS. IT'S AROUND A HUNDRED DAYS. UH, MY ASK WOULD BE THAT WE RECEIVE THOSE A HUNDRED DAYS TO, UH, MAKE SURE WE GET IT PERMITTED. UH, THAT WOULD BE OUR ASK. UH, THE BOTTOM, IT SAYS, UH, THE PROJECT IS, THE BUDGET IS THERE, IT'S PAID OUT BY INSURANCE. ATEX IS CURRENTLY CONTRACTED TO COMPLETE THE REPAIRS WITHIN THAT BUDGET. UM, AND WE JUST NEED TO GET IT PERMITTED AND MOVE FORWARD. AND, UH, THE FUNDS HAVE BEEN RELEASED. UH, WE'RE READY TO GO, AND WE'RE WORKING TOWARDS THAT GOAL. OKAY. I AM KEVIN KLAUS. I'M PART OWNER OF BAYTEX RESTORATION. UM, JUST A SIGN ON THAT, THE, THE, UH, THE FUNDS GO INTO ESCROW BECAUSE THERE'S A MORTGAGE ON THE PROPERTY. THEY, THEY'RE AWARE AND WE'RE IN A GROUP EMAIL. SO THE FUNDS ARE AVAILABLE ONCE MY ARCHITECTURE TEAM AND EVERYTHING AND ENGINEERING TEAM GETS THROUGH THE PROCESS. UM, UM, WE WILL GET STARTED. WE HAVE, WE HAVE, UH, IN THE 20 TO 50 PROJECTS, OTHER FIRE RESTORATION PROJECTS IN AUSTIN THAT ARE IN PERMIT. AND, AND THIS ONE WILL BE NO DIFFERENT. SO WHERE WE WEREN'T TRYING TO, UM, SKIRT AWAY FROM THE PERMIT PROCESS, WE UNDERSTAND THE PROCESS AND WE FOLLOW THE RULES. WE DID 57, UH, STRUCTURE FIRES HERE IN, IN AUSTIN LAST YEAR. SO, UM, WE, UH, WE ARE GONNA FOLLOW THE STEPS AND FOLLOW EVERYTHING THAT HAPPENED. THIS IS A UNIQUE SITUATION WITH THE PASSING OF THE CHILDREN. THANK YOU. UH, MR. CITY, DO YOU HAVE ANY QUESTIONS? UH, COMMISSIONERS, UNLESS THERE'S LESS, THERE'S AN OBJECTION. WE'LL ADMIT THE CITY'S EXHIBITS, EXHIBITS ONE, TWO A THROUGH 2K, AND THEN THE, I BELIEVE THERE'S AN OWNER EXHIBIT. HEARING NONE. EXHIBITS ARE ADMITTED. COMMISSIONERS, UH, QUESTIONS FOR OWNERS OF STAFF UP? YEAH, I HAVE ONE. SINCE IT SOUNDS LIKE THIS IS MOVING IN THE RIGHT DIRECTION, THEY'RE PULLING ALL THE RIGHT LEVERS, RIGHT? THE RECOMMENDATION FROM STAFF WAS 45 DAYS TO 90 DAYS, WHICH OF COURSE WOULD BE THE MAX WE COULD ADD TO. THAT SEEMS TO BE APPROPRIATE IN THIS CASE. WOULD YOU CONCUR? SORRY. DIVISION MANAGER, ROBERT MOORE, CITY OF AUSTIN. UM, YEAH, I THINK, I THINK THAT'S FAIR TO SAY. OKAY. MM-HMM . YOUR ASK WAS A HUNDRED DAYS, UNFORTUNATELY, BUT THE CAP FOR US IS 90, BUT WE CAN MOVE THAT OUT. BUT IT'S PRETTY CLOSE IF, IF THE COMMISSION SO SO MOVES IN THAT DIRECTION, I WOULD APPRECIATE THAT. THANK YOU. OKAY, COMMISSIONERS, IS THERE A MOTION TO CLOSE A PUBLIC HEARING? SO MOVED. SECOND, UH, COMMISSION BY COMMISSIONER MUSGROVE, AND SECOND BY COMMISSIONER RIVERA. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? NAY. CLOSE. THE PUBLIC HEARING HEARING'S NOW CLOSED, HOWEVER, PLEASE REMAIN IN CASE THERE'S ADDITIONAL QUESTIONS FOR YOU. UH, BUT THE COMMISSION TAKE YOUR INFORMATION INTO CONSIDERATION. [00:25:01] COMMISSIONERS, IS THERE A MOTION ON THE MATTER? OKAY. , I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER. ITEM ONE, UM, WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED. ITEM TWO ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY, ET CETERA. SECOND. OKAY. MOTION BY COMMISSIONER ABERRA. SECOND BY COMMISSIONER GARZA. OKAY. JUST KIND OF HEARD IT OVER HERE. DISCUSSION COMMISSIONER TOM . YEAH, I'M SEEING A NINE TO 12 MONTH, UH, REBUILD KIND OF, UH, TIMELINE. AND I AM STRUGGLING TO REMEMBER WHETHER THESE, THIS PARTICULAR PROPERTY WOULD BE, UH, IF, IF THE, THE REPAIR WOULD OFFSET. NO. AND SO I'M, I'M CONCERNED THAT THE NINE TO 12 MONTHS IS GONNA ADD UP AFTER THE, 'CAUSE THE 90, THE ORDER IS, I UNDERSTAND IT RIGHT NOW, IS ALL VIOLATIONS REPAIRED. AND SO I'M JUST A LITTLE CONCERNED ABOUT THAT BECAUSE THAT COULD REALLY ADD UP. AND I'M WONDERING, UM, IF, IF THE NINE TO 12 MONTHS, EVEN SIX MONTHS, I MEAN, EVEN IF THE NINE TO 12 MONTHS IS ACCURATE, I MEAN, THAT COULD STILL BE A LOT OF, UH, FINES, EVEN THOUGH THEY ARE PULLING ALL THE LEVERS AND KIND OF HEADING IN THE RIGHT DIRECTION. AS FAR AS WE'RE AWARE, MR. MOORE, THERE'S, THERE'S A LOT OF WAYS YOU COULD CRAFT THIS ORDER. WELL, LET'S, OKAY. UM, AND IF YOU ARE CONCERNED ABOUT THAT, YOU CAN PLAY WITH THE PENALTIES, RIGHT? SO, UM, YOU KNOW, WHEN, IF AND WHEN THEY COME BACK FOR PENALTY FORGIVENESS, THAT'S SOMETHING YOU CAN TAKE INTO ACCOUNT HOW MUCH THEY SPENT TO GET THIS THING UP AND RUNNING AND, AND COMPLETED. AND SO YOU CAN ADJUST THE PENALTIES ACCORDINGLY TO GET YOU OUT TO THAT DATE THAT YOU HAVE IN YOUR HEAD AT NINE TO 12 MONTHS. YOU KNOW, IT'LL, IT WOULD BE X AMOUNT AT THAT POINT. I MEAN, MAYBE YOU CAN GET A, MAYBE THEY HAVE A ROUGH ESTIMATE ON WHAT IT COULD LOOK LIKE ON HOW MUCH IT WOULD COST TO REPAIR. UM, THOSE ARE ALL THE CONSIDERATIONS YOU CAN TAKE IN. WHEN, WHEN THEY DO COME BACK FOR, IF THEY RACK UP PENALTIES AND THEY WANNA DO THE PENALTY FORGIVENESS THING, BUT IF TO GET US OUT TO THAT 12 MONTH PERIOD, 'CAUSE YOU CAN'T GIVE THAT MUCH TIME, RIGHT? YEAH, WE, WE HAVE LIMITED. OKAY. RIGHT. SO, UM, DID, DID Y'ALL UNDERSTAND THAT PART? YEAH. SO IS THERE ANY WAY WE COULD TRIGGER ANY MILESTONES OF, UM, WHEN, WHEN PERMITS ARE, UH, READY TO GO AND THEN AFTER THAT IT STARTS A NEW PERIOD OF, OF RECONSTRUCTION? UH, BASICALLY WHAT WE'VE BEEN TOLD BY OUR STRUCTURAL ENGINEERS, UH, ONE OF THE THREE UNITS IS BASICALLY A TOTAL LOSS. UH, THE ROOF STRUCTURE, THE FLOOR STRUCTURE ON THE SECOND FLOOR WILL HAVE TO BE REMOVED. UH, INTERIOR WALLS WILL HAVE TO BE, UH, SOME OF THE STUDS CAN STAY, SOME WILL BE REMOVED OR, OR, YOU KNOW, RESP SUPPORTED, UH, SISTER TOGETHER. UH, SO THE, THE ONE UNIT IS EXTENSIVE. UH, THERE'S ANOTHER UNIT WITH EXTENSIVE, UH, WATER DAMAGE, UH, THAT WILL REQUIRE, UH, TOTAL INTERIOR GUT, UH, AND THEN THE OTHER, UH, THREE UNITS OR BASICALLY EXTERIOR DAMAGE OF WINDOWS AND DOORS AND, UH, SOME WATER DAMAGE. SO ONE OF THE UNITS WILL TAKE, CONSIDER A AMOUNT OF TIME TO REBUILD. SO HOW, HOW IT WORKS, UH, ON OUR END IS THAT, UH, YOU CAN AUTOMATICALLY UNDER CERTAIN CONDITIONS, WHICH I THINK BECAUSE YOU'RE NOT A RESIDENTIAL STRUCTURE, LIKE A SINGLE FAMILY HOME, YOU GET REPAIRS OFFSET FROM POTENTIAL PENALTIES. OTHERWISE, YOU HAVE TO COME BACK AND ASK US FOR PENALTY FORGIVENESS. AND AS, UH, MR. MOORE WAS SAYING, WE DEFINITELY LOOK AT HOW MUCH HE SPENT AND WE COMPARE THAT TO HOW MUCH THE FINES ARE, AND WE TEND TO BE AMENABLE TO THOSE SORTS OF, SO, UH, I JUST WANTED TO TAKE THAT OPPORTUNITY TO EXPLAIN TO YOU THAT WE HAVE LIMITED ABILITY TO CHANGE THIS 90 DAY. THE, THAT I UNDERSTAND. UH, BUT, UH, IF, IF YOU DO END UP RACKING STUFF UP, COME ON BACK AND WE, WE CAN TALK. OKAY. APPRECIATE IT. SO I UNDERSTAND, UM, THE 90 DAYS IS WHEN WE NEED TO START SWINGING HAMMERS, OR IS THAT, AM I UNDERSTANDING IT CORRECTLY IN THAT'S A SIGNIFI ALL VIOLATIONS. OKAY. THAT'S, THAT'S WHY, THAT'S WHY WE'RE, THAT'S WHAT I THOUGHT. OKAY. [00:30:01] OKAY. THANK YOU. AND NOT THAT YOU WOULD DO THIS, BUT SOME CONTRACTORS REALLY BELIEVE IT OR NOT, HAVE COME IN HERE AND TOLD US ONE THING AND THAT DIDN'T HAPPEN. YEAH. SO WE WANT TO KEEP THE FIRE KIND OF GOING AND, AND, AND MOVE YOU GUYS ALONG, BUT ALL THAT IS TAKEN INTO CONSIDERATION WHEN YOU COME BACK. THAT MAKES SENSE. APPRECIATE IT. YES SIR. YOU BET. THANK Y'ALL. COMMISSIONERS. ANY OTHER QUESTIONS? I JUST WANNA FOLLOW UP ON THAT COMMISSIONER GARZA, ON THAT FIRST 90 DAYS, CORRECTION OF VIOLATION COULD INCLUDE THE DEMOLITION OF THE PORTION THAT IS FIRE, UH, HAS BEEN DAMAGED BY THE FIRE. SO THEY COULD STILL POTENTIALLY MEET THAT WITHIN THE FIRST 90 DAYS OF DEMO. SO I DON'T HAVE AN ISSUE WITH KEEPING THE, UM, REQUEST AS IT STANDS. AND IF THEY WERE TO COME BACK AND REQUEST, UM, OFFSET, I DON'T HAVE AN ISSUE WITH THAT EITHER. , IN THE MATERIAL THAT YOU RECEIVED, THERE WAS SOME CRITERIA THAT KIND OF OUTLINED THE LITANY OF THINGS THAT YOU COULD HAVE PROVIDED AS EVIDENCE TO EXTEND THAT BEYOND THE 90 DAYS. I UNFORTUNATELY DON'T SEE THAT HERE. SO WE ARE CAPPED AT THAT 90 DAYS. I UNDERSTAND. YES SIR. ANY OTHER DISCUSSION HEARING, THEN WE WILL CALL A VOTE COMMISSIONER. AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA? AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER RIVERA? AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE AYE. AND CHAIR VOTES? AYE. THANK YOU. THANK YOU GUYS. QUARTER THE, UH, UM, COPY OF THE ORDER WILL BE MAILED TO YOU. THANK YOU. THANKS FOR COMING. AND THESE GUYS ARE HERE TO HELP YOU. SO IF YOU GET A SNAG ALONG THE WAY, WE WANT YOU TO BE SUCCESSFUL. CHAIR. CAN WE [2. Case Number: CL 2026-083909 ] MOVE BACK TO ITEM NUMBER TWO? I BELIEVE WE HAVE EVERYONE HERE NOW FOR ITEM. OKAY. OKAY. BACK TO ITEM NUMBER TWO. OKAY. ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER C 2 26 0 8 3 9 0 9 IS REGARDING A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT 9 2 0 4 KLU DRIVE. THE EXHIBITS CAN BE FOUND IN THE ROSE COLORED BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER. HERE ARE SOME FACTS ABOUT THE CASE. THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL PROPERTY. THE CASE WAS OPENED IN JULY, 2024 AS A RESULT OF A COMPLAINT REGARDING AN ACCUMULATION OF RUBBISH AND OTHER DEBRIS AND DETERIORATION THROUGHOUT THE PROPERTY. THERE ARE NO ACTIVE PERMITS TO ADDRESS THE, THE VIOLATIONS THAT WERE 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 COMPLAINING CASE HISTORY. A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS. AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J. AND THE RECOMMENDED ORDER CODE INVESTIGATOR JOHNNY SERNA IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED. INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY. OH, AND HE NEEDS TO BE SWORN IN CHAIR. UH, INSPECTOR INVESTIGATOR SERNA WASN'T HERE WHEN WE FIVE BY SAYING AYE. AYE. THANK YOU. PLEASE PROCEED. GOOD EVENING, COMMISSIONERS. UH, MY NAME IS JOHNNY ERNA. I'M A CITY OF AUSTIN CODE INVESTIGATOR IN THE CASE. I WILL BE PRESENTING FOR BEFORE YOU WILL BE 4 92 0 4 [00:35:01] KLU DRIVE, AUSTIN, TEXAS, WITH THE ZIP OF 78 7 4 8. UM, IT'S AN OF AN, OF AN INTERIOR INSPECTION, AND THE FACTS ARE THE OF THE CASE ARE AS FOLLOWS. UH, IN JULY, UH, 19TH OF 2024, WE RECEIVED A COMPLAINT FOR THIS PROPERTY. UPON OUR INITIAL INSPECTION, WE FOUND THAT THE PROPERTY HAD, UH, UNSANITARY CONDITIONS, ACCUMULATION, AND MULTIPLE EXTERIOR, UH, STRUCTURAL DEFICIENCIES. ON JUNE 6TH, 2026, UH, THE PROPERTY WAS POSTED WITH THE NOTICES OF VIOLATION. UH, SINCE JULY 19TH, 2024 THROUGH AUGUST 13TH OF THIS YEAR, MULTIPLE INSPECTIONS HAVE BEEN MADE TO THE, UH, PROPERTY, UH, WITH LITTLE TO NO, UH, CHANGE THE FOLLOWING PHOTOGRAPHS I WILL BE PRESENTING AS EVIDENCE OUR REPRESENTATION OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDING. EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF NEGLECTED UNREPAIRED SINGLE FAMILY STRUCTURE LOCATED AT 92 0 4 CURLEY DRIVE. UH, THIS PROPERTY HAS BECOME AN ATTRACTIVE NUISANCE AND A ALIGHT TO THE COMMUNITY. UH, HERE WE CAN SEE TALL GRASS AND WEEDS, DISCARDED BRUSH AT THE FRONT OF THE PROPERTY, UH, ENCROACHING ALSO INTO THE RIGHT OF WAY ALONG WITH MISSING PREMISE IDENTIFICATION. AND THIS SLIDE HERE IS A PHOTOGRAPH OF THE GARAGE DOOR REPAIR. UH, ONE OF THE WINDOWS WAS, UH, REPAIRED WITH DUCT TAPE AND A PIECE OF BROKEN GLASS. UH, WE HAVE MISSING, UH, TRIM ALONG WITH ACCUMULATION OF MISCELLANEOUS AIR CONDITIONER PARTS, UM, BEING STORED AT THE FRONT OF THE PROPERTY, ALONG WITH, UH, BEING STORED ON AN ON ONSITE TRUCK THAT HASN'T MOVED FOR QUITE SOME TIME. EXHIBIT 2D IS REPRESENTATIVE EXAMPLE OF ANOTHER COMMON DEFICIENCY ALSO FOUND THROUGHOUT THE STRUCTURE OF FACIA BOARDS AND DISREPAIR, ALLOWING FOR RAIN AND OTHER ELEMENTS INTO THE STRUCTURE. YOU CAN ALSO SEE A MISSING VENT COVER, UH, TOWARDS THE FRONT IF YOU LOOK IN THE CENTER MIDDLE. UM, WHICH W WOULD ALLOW FOR, UH, VERMIN, UH, INTO THE INTERIOR OF THE STRUCTURE. EXHIBIT TWO E. ANOTHER PHOTOGRAPHIC PHOTOGRAPHIC EXAMPLE OF MORE TRIM SIDING AND DISREPAIR, LACKING SURFACE COATING. UM, THOUGH A LITTLE HARD TO SEE, YOU CAN ALSO SEE MORE MISCELLANEOUS AIR CONDITIONER PARTS BEING STORED IN THE BACKYARD OF THE PROPERTY. EXHIBIT TWO F AND TWO G ARE MORE PHOTOGRAPHS OF THE LEFT HAND SIDE OF THE HOUSE OF MORE FASCIA AND DISREPAIR, DETERIORATING SIDING, MORE MISCELLANEOUS AIR CONDITIONER PARTS AND TRASH CANS, UH, WITH STAGNANT WATER. UM, I WAS TO ONE OF THESE INSPECTIONS WITH THE ASSIGNED AREA INSPECTOR AND FOUND THE ONE OF THESE TRASH CANS HERE FULL, FULL OF WATER AND, AND WOULD APPEAR TO BE MOSQUITO, UH, LARVAE IN THEM. A NEIGHBOR STOPPED TO ASK ONE. WE WERE GONNA DO SOMETHING ABOUT THIS HOUSE, UH, SINCE THEY'VE BEEN HAVING TO LIVE NEXT TO, UH, MOSQUITOES, UM, FOR THE LONGEST OF TIME. EXHIBIT TWO, UM, H AGAIN, IS A PHOTOGRAPH OF THE ACCUMULATION OF MISCELLANEOUS HOUSEHOLD ITEMS, UH, BEING STORED AT THE REAR OF THE PROPERTY, ALONG WITH, UH, FENCE AND DISREPAIR REPAIR. HERE'S A, A CLOSER LOOK, UH, PICTURE OF THE FRONT OF THE PROPERTY AGAIN WITH JUST, UM, A LOT OF MISCELLANEOUS ITEMS BEING STORED, UH, UM, AT THE FRONT OF THE PROPERTY. WE'VE HAD NEIGHBORS, UH, YOU KNOW, STOP TO TELL US, AS WE SAID, UH, URGING US TO STOP AT NIGHT SAYING THAT AT NIGHT YOU COULD LOOK INSIDE THE HOUSE. AND INSIDE THE HOUSE IS, UM, ALSO BEING USED FOR STORAGE. THIS IS THE FRONT OF THE PROPERTY. UM, THIS IS ONE OF THE MOST, THE CLEANER MOMENTS, BUT YOU CAN SEE THERE'S, THERE'S STILL, UM, ITEMS AT THE FRONT OF THE PROPERTY SHOWN HERE IN EXHIBIT TWO J. UH, THAT WOULDN'T ALLOW FOR A CLEAR, UH, PATH OF EGRESS IN CASE OF AN EMERGENCY. AND WITH THAT, I CONCLUDE MY PRESENTATION AND I URGED THE COMMISSIONER TO STRONGLY TO ADOPT STAFF'S RECOMMENDED ORDER. [00:40:01] THANK YOU. BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDING 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 ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J. STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED. A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS. B, 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 RE REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH ONE A AND ONE B, AND TWO ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED. ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALL ACCRUE 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. PLEASE STATE YOUR NAME AND ADDRESS. TOMMY RODRIGUEZ. 92 0 4 CURLEY DRIVE, AUSTIN, TEXAS. THANK YOU. DO YOU HAVE ANY QUESTIONS FOR THE OFFICER BEFORE YOU, YOU BEGIN? NO, NOT REALLY. UH, OKAY. YOU CAN PROCEED WITH YOUR PRESENTATION. HUH? YOU CAN PROCEED WITH YOUR PRESENTATION. OKAY. UM, I KNOW IT'S BAD AND, UH, I JUST DON'T HAVE MONEY RIGHT NOW. I'VE BEEN SAVING UP SOME MONEY LATELY BECAUSE I JUST FINISHED PAYING MY HOUSE OFF EARLY IN THE YEAR, AND SO I'M TRYING TO GET ARRANGED TO WHERE I COULD GET A DUMPSTER IN MY DRIVEWAY SO I COULD START CLEANING UP AND EVERYTHING. SO I JUST DON'T, YOU KNOW, I JUST DON'T HAVE THE FUNDS AND, BUT RIGHT. LIKE, LIKE I SAID, RIGHT NOW, I JUST GOTTA FINISH PAYING OFF MY HOUSE IN THE BEGINNING OF THE YEAR AND I'M STARTING TO SAVE A LITTLE BIT OF MONEY HERE AND THERE. SO I JUST WONDERED IF, UH, YOU GIMME A LITTLE BIT MORE TIME AND I'LL, I'LL GET IT FIXED. FIRST, CONGRATULATIONS ON KILLING A MORTGAGE. . HUH? THANK YOU FOR, CONGRATULATIONS ON PAYING OFF YOUR MORTGAGE ALL. YEAH, I'M, I MEAN, IT BEEN 30 YEARS. YOU'RE DELIGHTED TO SAY THAT. UH, DOES THE CITY HAVE ANY QUESTIONS FOR THE OWNER, OFFICER? ANY QUESTIONS? UH, I DON'T. OKAY. UH, COMMISSIONERS, UNLESS THERE'S AN OBJECTION, WE'LL, AB ADMIT EXHIBITS, UH, ONE, TWO A THROUGH TWO J. HEARING NONE. THE EXHIBITS ARE ADMITTED. UH, COMMISSIONERS, ANY QUESTIONS FOR THE OWNER OR THE STAFF? QUESTION, DO YOU LIVE THERE? YOU CURRENTLY LIVE IN THE PROPERTY? I CAN'T HEAR YOU. DO YOU LIVE, DO YOU CURRENTLY LIVE IN THE PROPERTY? I LIVE IN THERE. BY YOURSELF? YEAH. UM, AND THEN I HAVE A QUESTION FOR THIS, FOR THE CITY. I SAW THAT THIS WAS, UM, FIRST, THE FIRST INSPECTION WAS IN 2024, RIGHT? THAT'S, THAT IS CORRECT FOR THIS PARTICULAR CASE. SO WHAT'S BEEN HAPPENING IN BETWEEN? UM, WELL I'VE, I'VE, I'VE BEEN, I PAID A TICKET ONE TIME FOR A FINE, SO I'VE DONE THAT BEFORE TOO, THE CITY. AND I THOUGHT I WAS GONNA GET ANOTHER ONE. BUT NO, NOTHING EVER SHOWED UP AFTERWARDS. UM, BASED OFF OF THE TRUCK AT THE FRONT OF THE PROPERTY, THE, UM, INSPECTOR, UH, TRIED TO REACH OUT TO, UH, THE PROPERTY OWNER AT HIS PLACE OF WORK, TRYING TO BRING HIM INTO COMPLIANCE. WE, WE REALLY DIDN'T WANNA GET TO THIS MOMENT. WE PREFER THAT THEY JUST COME INTO VOLUNTARY COMPLIANCE VERSUS BRINGING HIM TO, TO YOU GUYS THE COMMISSION. BUT WE, WE JUST HAVEN'T SEEN ANY MOVEMENT, UM, FROM THE OWNER'S SIDE. UH, WE, I KNOW THAT THIS PROPERTY IS IN, UM, UM, I BELIEVE IT WAS IN PROBATE. WE, WE WENT AS FAR AS REACHING OUT TO 15 OTHER PEOPLE, UH, WHO WE BELIEVED HAD SOME SORT OF INTEREST IN THE HOUSE. HMM. UH, TRYING TO [00:45:01] URGE THEM TO HELP, UM, THE, THE PROPERTY OWNER SLASH TENANT TO COME INTO COMPLIANCE. BUT, UH, WE, WE JUST HAVEN'T BEEN ABLE TO, TO GET TO THAT POINT. BUT Y'ALL HAVE BEEN IN CONTACT, YOU'VE SPOKEN TO HIM? I HAVEN'T SPOKEN WITH HIM PERSONALLY. THE, I'VE SPOKEN TO THE LAWYERS, UH, REPRESENTING SOME OF, UH, HIS SIBLINGS, FAMILY MEMBERS. UM, THE AREA INSPECTOR, UM, ASSIGNED TO THE, TO THE HOUSE, UM, HAS TRIED TO REACH OUT AND TALK TO HIM. SO IT IS IN PROBATE THE PROPERTY AT THIS POINT, WE WE'RE NOT REALLY SURE, BUT WE, WE'VE JUST, WE'VE RECEIVED SO MANY COMPLAINTS FROM, FROM, UH, NEIGHBORS ABOUT THIS PROPERTY THAT, YOU KNOW, WE, WE FELT THIS WAS THE PROPER AVENUE TO, TO BRING IT INTO. THANK YOU. MR. RODRIGUEZ, WHEN YOU SAID YOU'RE GONNA GET A ROLL OFF DUMPSTER, WHEN DO YOU ANTICIPATE STARTING THAT AND WHEN DO YOU ANTICIPATE CLEANING UP? EXCUSE ME? HOW SOON DO YOU ANTICIPATE CLEANING UP? OH, I LIKE TO DO IT NOW, BUT THE WEATHER BEING SO HOT, I, I WOULDN'T MIND WAIT MAYBE A FEW MORE WEEKS BEFORE I START. 'CAUSE THE WEATHER THE WAY IT IS RIGHT NOW. AND I GOTTA DO MOST OF THAT STUFF BY MYSELF. SO, SO 60 DAYS, TWO MONTHS, UH, I WASN'T SURE HOW MUCH YOU WOULD GIVE ME, YOU KNOW, THAT'S WHAT I WAS TRYING TO FIND OUT HOW MUCH TIME YOU WOULD GIVE ME. MAYBE THREE, THREE MONTHS, BECAUSE THE WEATHER BY THEN WOULD BE COOLER AND I SHOULD BE ABLE TO GET MORE WORK DONE. 'CAUSE I WORK, I STILL WORK FULL TIME AND, AND I'M A, I'M A LABORER. I WORK SURE. I MEAN, I DO, I DO INSTALLS FOR AC COMPANY I WORK FOR, AND I HATE TO WORK ALL WEEK IN THE HEAT AND THEN WORK ON THE HEATING THE WEEKENDS IF I DON'T HAVE TO. THANK YOU. SURE. COMMISSIONER RIVERA, UH, I JUST WANNA CONFIRM, UH, THAT THIS PROPERTY IS ELIGIBLE FOR, UH, THE OFFSET PROGRAM. YES. IT WOULD BE IF, IF ANY REPAIRS MADE, UM, AS FAR AS CLEANING THINGS UP, THAT'S NOT REAL. I MEAN, I GUESS IF HE RENTED THE DUMPSTER, HE COULD SHOW THAT HE SPENT MONEY ON THAT. YEAH. RIGHT. I JUST WANNA, UM, COME BACK TO THAT. WHAT THAT MEANS IS ANYTHING YOU SPEND ON ADDRESSING THESE VIOLATIONS CAN BE USED TO OFFSET ANY FINES. YEAH. IT DOESN'T MEAN, I MEAN, IT'LL HELP A LOT SINCE I'M, I'M LIMITED TO, YOU KNOW, FUNDS MM-HMM . MONEY, WHATEVER YOU WANNA CALL IT. SURE. SO, SO KEEP ALL YOUR RECEIPTS. YEAH. COMMISSIONERS. OTHER QUESTIONS? UH, COMMISSIONER BROWN, I HAD A QUESTION FOR THE PROPERTY OWNER. UH, DO YOU HAVE TRASH SERVICE AT THE PROPERTY? DO I WHAT? DO YOU HAVE TRASH SERVICE? LIKE, DOES THE CITY PICK UP YOUR TRASH? OH, YEAH. RIGHT NOW IT, IT, UH, YEP. THEY PICK UP TRASH. SO I'M JUST WONDERING IF IT'S POSSIBLE TO CLEAN SOME OF THE DEBRIS UP WITHOUT, UH, A DUMPSTER. UH, IT'S A LOT OF BIG STUFF, YOU KNOW, , IT'S, IT'LL, IT'LL, IT'LL LOAD UP IN FIVE SECONDS, YOU KNOW, IT'LL FILL UP. THAT'S WHAT, THAT'S THE MAIN PART IS THE BIG STUFF. SO THE LITTLE STUFF I COULD TAKE, AND IF I DON'T, YOU KNOW, THEY DON'T PICK IT UP. I COULD TAKE IT TO MY, MY SHOP FOR I WORK AT AND THROW IT IN THEIR DUMPSTER IF I HAD TO. OKAY. YEAH. I'M JUST TRYING TO SEE IF IT'S POSSIBLE TO MAKE ANY EFFORTS TO CLEAN THE PROPERTY. AND, YOU KNOW, THE STANDING WATER, I, I DON'T THINK THAT REQUIRES A DUMPSTER TO BRING THE, UH, STANDING WATER TRASH. ADDITIONAL QUESTIONS, COMMISSIONERS. I HAVE ONE. MR. EZ. UM, MR. RODRIGUEZ, SOME OF THE OTHER VIOLATIONS INCLUDE WORK ON THE PROPERTY ITSELF. UM, SOME OF THE EXTERIOR WALLS, THE SIDING NEEDS TO BE CORRECTED AND THE ROOF, THERE'S SOME ISSUES THERE. DO YOU HAVE A PLAN MOVING FORWARD ON CORRECTING THOSE? YEAH, I MEAN, UH, THE SIDING, I DON'T KNOW HOW YOU COULD, YOU CAN'T FIX IT. YOU GET A, YOU GOTTA REPLACE IT AND THAT'S GONNA BE QUITE A BIT OF MONEY. I MEAN, I COULD CONTEMPORARY, YOU KNOW, PAINT INTO SOMETHING LIKE THAT AND THAT WOULD SEAL UP PRETTY MUCH, YOU KNOW, THE EXTERIOR PART OF IT [00:50:01] AND WHAT ARE CRACKS AND STUFF. THERE'S THERE, BUT, YOU KNOW, THEN YOU HAVE TO REPLACE THE WHOLE THING. AND I, I JUST KIND OF INFORCE THAT. I WANTED TO, UM, I JUST WANTED TO LET YOU KNOW, I DON'T, DON'T KNOW IF YOU'RE, UM, AWARE OF THE CITY OF AUSTIN HAS THREE. YOU CAN, YOU CAN, UM, REQUEST BULK PICKUP UP TO THREE TIMES A YEAR. SO YOU JUST HAVE TO SCHEDULE IT WITH THEM. OKAY. YEAH. BUT, UH, I DON'T KNOW. I MEAN, I COULD DO SOME, BUT I HATE TO PUT UP A WHOLE LOAD OF STUFF OUT THERE IN THE MIDDLE OF THE STREET. WELL, YOU PUT IT ON THE CURB AND YEAH. NO, BUT THEY PICK IT UP. IT'LL GO OUT IN THE, IN THE MIDDLE OF THE STREET THOUGH. I MEAN, THEN I GOT THAT BIG TREE THERE AND I DON'T THINK THEY LIKE PICKING IT UP BECAUSE THE BRANCHES ARE IN THE WAY. AND I DON'T WANT NOBODY, I DON'T WANT MY TREE TO GET DAMAGED. OKAY. BECAUSE IT, IT GOES OVER THE STREET INTO THE CURB. I MEAN, IT GOES OVER THE SIDE OF THE, AND IT'S, I DON'T KNOW IF YOU SAW THE PICTURE. IT'S, IT'S A BIG TREE. MM-HMM . AND IT HANGS OVER QUITE A BIT. OKAY. AND THAT'S ONE REASON, ONE OF THE REASONS I HATE PUTTING BOAT STUFF OUT THERE. I'VE DONE IT BEFORE, BUT NOT A WHOLE BUNCH. AND MY TREE'S GONE BIGGER. SO IT'S, I DON'T WANT, THERE'S ANY OTHER QUESTIONS? I'D LIKE MOTION I SAY SOMETHING REAL QUICK, JUST, YEAH. I MEAN, TRY TO TAKE ADVANTAGE OF OUR SERVICES IF YOU CAN. I MEAN, YEAH. THE, THE MONEY YOU SAVE ON THAT IS GONNA GO TOWARDS FIXING YOUR HOUSE, RIGHT? MM-HMM . SO WORK IT OUT WITH WHOEVER YOU KNOW, CALL 'EM AHEAD OF TIME. SAY YOU'RE WORRIED ABOUT THIS TREE, YOU KNOW, AND, AND MOVE IT DOWN A LITTLE BIT, YOU KNOW. WELL, CAN I DO IT ACROSS THE STREET? UH, I MEAN, IT PROBABLY HAS TO BE ON YOUR, OH, YOU KNOW, SIDEWALK OR WHATEVER, BUT, OH, OKAY. YEAH. I, I WOULD TAKE, TAKE YOUR ADVICE AND USE OUR SERVICES, PLEASE. OKAY. I'LL DO THAT. MR. IS A MOTION TO CLOSE THE PUBLIC HEARING. MOTION TO CLOSE. SECOND, UH, COMMISSIONER BY SECOND. MOTION BY COMMISSIONER GARZA. SECOND BY COMMISSIONER MUSGROVE. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? NA. HEARINGS NOW CLOSED. PLEASE REMAIN AT THE TABLE. THERE MAY BE ADDITIONAL QUESTIONS. UH, COMMISSIONERS. IS THERE A MOTION I MOVE TO ADOPT THE STEPS? PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW AND THE STAFF'S RECOMMENDED ORDER WITH THE FOLLOWING AMENDMENTS TO THE ORDER, ONE WITHIN 90 DAYS FROM THE DATE OF THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL STRUCTURE AND IDENTIFIED IN THE ORDER OF THE BUILDINGS AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE. AND ON THE 91ST DAY, CONTINUING ON TO, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF TWO 50 PER WEEK. THANK YOU. COMMISSIONERS. I SECOND, SECOND, SECOND BY COMMISSIONER MUSGROVE. DISCUSSION HEARING THEN WILL NO. OKAY. WILL TAKE THE VOTE. UH, COMMISSIONER NA AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA. AYE. COMMISSIONER ABERRA AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER TOM MILANOVICH. AYE. COMMISSIONER MUSGROVE AYE. AND CHAIR VOTES? AYE. SO THEY'VE CHANGED THAT FROM 45 DAYS TO 90 DAYS. EXCUSE ME. THEY'VE CHANGED THEM ORDER FROM 45 DAYS TO 90 DAYS. 90 DAYS. OKAY. YES, SIR. AS YOU REQUESTED. WELL, I APPRECIATE IT AND WE'LL SEND YOU A COPY OF THE ORDER IN THE MAIL. ALRIGHT, THANK YOU. THANK YOU FOR COMING. ITEM NUMBER THREE ON THE [3. Case Number: CL 2026-083918 ] AGENDA IS CASE NUMBER CL 20 26 0 8 3 9 1 8 AND IS REGARDING A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT 2 9 3 2 JUBILEE TRAIL. THE EXHIBITS CAN BE FOUND IN THE BRIGHT PINK BOOK IN YOUR READERS IN 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 APRIL, 2025 AS A RESULT OF A COMPLAINT REGARDING ERODED INFESTATION. THESE STRUCTURES ARE AN ATTRACTIVE NUISANCE, ARE CONSIDERED SUBSTANDARD AND UNSAFE, AND REQUIRE REPAIR. IN YOUR GOOGLE DRIVE FOLDER READERS, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY. A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS. AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J. AND THE RECOMMENDED ORDER CODE INVESTIGATOR JOHNNY SERNA IS [00:55:01] HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED. INVESTIGATOR SERNA, PLEASE BEGIN YOUR TESTIMONY. GOOD EVENING AND ONCE AGAIN, COMMISSIONERS. UH, MY NAME'S JOHNNY SERNA. I'M A CODE INVESTIGATOR WITH THE S CITY OF AUSTIN. AND THE CASE I WILL BE PRESENTING BEFORE YOU WILL BE FOR 29 32 KLU JU BELIEVE TRUTH. I'M SORRY, DO JUBILEE. I'M ON THE WRONG ONE. SORRY ABOUT THAT. ALRIGHT. ON APRIL 14TH, 2025, UH, WE RECEIVED A CODE COMPLAINT FOR THIS, UH, PROPERTY. UPON OUR INITIAL INSPECTION OF THIS PROPERTY, WE FOUND, UM, ACCUMULATION OF TRASH, RUBBISH, AND OR DEBRIS ON IT. UM, WE ALSO FOUND MULTIPLE EXTERIOR IPMC VIOLATIONS. UH, THE PROPERTY WAS POSTED WITH THE NOTICE OF VIOLATION ON JUNE 16TH, 2026. AND SINCE APRIL 14TH OF LAST YEAR THROUGH THIS MONTH OF AUGUST 13TH, THERE HAVE BEEN MULTIPLE, MULTIPLE INSPECTIONS OF THIS PROPERTY WITH LITTLE TO NO, UH, IMPROVEMENTS. THE FOLLOWING PHOTOGRAPHS I'M PRESENTING ARE EVIDENCE OF REPRESENTATION OF MANY OF THE DEFICIENCIES, UH, FOUND THROUGHOUT THE PROPERTY IN THIS BUILDING. EXHIBIT, UH, TWO A, UH, THROUGH TWO C ARE GONNA BE CONTEXTUAL PHOTOGRAPHS OF THIS NEGLECTED UNPAIRED SINGLE FAMILY STRUCTURE, LOCATED AT 29 32 JUBILEE TRAIL. UH, THIS PROPERTY HAS BECOME AN ATTRACTIVE NUISANCE AND A BLIGHT AGAIN TO THE COMMUNITY. UH, HERE WE CAN SEE TALL GRASS AND WEEDS, UH, DISCARDED BRUSH ALONG WITH THE PREMISE IDENTIFICATION. UM, EXHIBIT TWO C, UH, PHOTOGRAPH OF THE FRONT PORCH, PRIMARY ENTRANCE, UH, TO THE SINGLE FAMILY STRUCTURE, MORE ACCUMULATED, UM, ITEMS SUCH AS DISCARDED FURNITURE, BOXES TO DEBRIS THROUGHOUT BEING STORED, UM, AT THE FRONT OF THE PROPERTY, AGAIN OBSTRUCTING, UH, AN EGRESS PATH IN CASE THERE SHOULD BE AN EMERGENCY HERE AT THIS LOCATION. UH, THE PORCH POSTS AND RAILINGS OVERALL CONDITION OF THIS, UH, PORCH WAY OR IS IN DISREPAIR. EXHIBIT 2D IS A CLOSEUP OF, UM, THE SAME AREA AGAIN. IF YOU LOOK AT WHERE THE ROOF MEETS THE, UH, PORCH, UM, YOU CAN START TO SEE DETERIORATION, UH, AND WHERE WATER HAS SEEPED, YOU KNOW, THROUGH THE ROOF AND INTO THE, THE, UH, PORCH DAMAGING THE FASCIAS. UH, THIS WINDOW HAS BEEN OPEN FOREVER. IT LOOKS LIKE IT'S BEEN PUSHED IN BY, UH, POSSIBLE ANIMAL VERMIN TO GETTING INTO THE INTERIOR OF THE STRUCTURE. EXHIBIT TWO E IS A CLOSEUP OF THAT, UH, SAME AREA THAT I WAS TALKING ABOUT. UM, YOU COULD SEE REMNANTS OF WHERE, UH, A GUTTER USED TO BE, UM, BUT IT'S BEEN ROTTED AWAY. EXHIBIT TWO F IS A CLOSEUP OF THE, UH, PORCH AREA. YOU CAN, IF YOU LOOK DOWN AT THE STRUCTURAL POSTS THAT ARE SUPPOSED TO BE SUPPORTING THAT ROOF THAT WE JUST SAW, THEY'RE ALSO IN DETERIORATION AND IN NEED OF REPAIR. UM, EXHIBIT TWO G AND EXHIBIT TWO H ARE PHOTOGRAPHS OF THE SIDING. UM, THIS RIGHT HERE IS OF A BAY, THE SIDING AROUND A BAY WINDOW, UH, WHERE IT'S, UH, DETERIORATED, EXPOSING THE INTERIOR FRAMING OF THE STRUCTURE, ALSO ALLOWING FOR THE ENTRY OF, OF VERMIN OR RAIN AND OTHER ELEMENTS INTO THE INTERIOR OF THE STRUCTURE. EXHIBIT TWO I IS GONNA BE, UM, A PICTURE OF THE, UM, RAIN GUTTERS AND DISREPAIR. YOU CAN ALSO LOOK AT THE CORNER OF THE HOUSE. UM, IT ALSO SHOWS DETERIORATION. THIS IS THE RIGHT SIDE OF THE PROPERTY. YOU COULD LOOK AT THE PEAK OF THE ROOF. UM, IT'S, IT SHOWS MISSING, UM, SHINGLES AT THE TOP OF THE ROOF, ALLOWING FOR THE POSSIBLE ENTRY OF RAIN, UH, INTO THE INTERIOR OF THE STRUCTURE. UM, AND [01:00:01] YOU CAN ALSO SEE THE BOTTOM, UH, LEFT HAND CORNER. IT'S THE SAME ONE IN THE PREVIOUS SLIDE HERE, UH, SHOWING THE, UM, THE ROOFING SYSTEM, UM, IN DISREPAIR. AND WITH THIS, I CONCLUDE MY PRESENTATION. UM, I DO WANNA MENTION THAT, UH, WE WEREN'T ABLE TO MAKE ACCESS TO GRANT. WE WEREN'T GRANTED ACCESS IN TIME FOR THIS PRESENTATION BY, UH, UH, A BUDDING NEIGHBOR. UH, THERE'S A POOL IN THE BACK OF THE PROPERTY THAT, UM, UH, NEIGHBORS HAVE BEEN COMPLAINING ABOUT FOR FOUR YEARS. UH, IT'S IN DISREPAIR ALONG WITH, UM, ACCESSORY STRUCTURES AT THE REAR OF THE PROPERTY. AND WITH THAT, I CONCLUDE MY PRESENTATION AND ASK, UH, COMMISSION TO ADOPT STAFF'S RECOMMENDED ORDER. THANK YOU. BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE AND ARE CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS. STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO J. STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE OWNER COMPLETE THE FOLLOWING, ONE WITHIN 45 DAYS FROM THE DATE THE ORDER IS MAILED. A, OBTAIN AND FINALIZE ALL NECESSARY PERMITS. B, CORRECT ALL VIOLATIONS CITED TO THE RESIDENTIAL AND ACCESSORY STRUCTURES AND IDENTIFIED IN THE ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS. C REQUEST INSPECTIONS FROM THE 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 AND 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. THANK YOU. IS THE OWNER HERE? NO. THANK YOU. IS THERE A MOTION TO CLOSE THE, IS THERE QUESTIONS? COMMISSIONER, CAN WE ADMIT THE EXHIBITS? UH, YOU'RE RIGHT. UNLESS THERE'S OBJECT OBJECTION. WE'LL ADMIT. EXHIBITS ONE, TWO A THROUGH 2K. IS IT TWO? YEAH, YOU'RE RIGHT. TWO J. THANK YOU. SO EXHIBITS ONE, TWO A AND TWO J. ANY OBJECTIONS? HEARING NONE. EXHIBITS ARE ADMITTED. COMMISSIONER'S QUESTIONS FOR STAFF? YES. YEAH. UM, SORRY, GO AHEAD. OH, AFTER YOU PLEASE. COMMISSIONER, HAVE YOU HEARD COMMISSIONER HEARD FROM THE OWNERS AT ALL? I'M SORRY, CAN YOU REPEAT THE QUESTION? HAVE YOU HEARD FROM THE OWNERS AT ALL? UM, THE OWNER DOES CHECK IN. HE JUST DOES NOT LIVE THERE. UM, HE WAS, HE'S TOLD STAFF THAT EVER SINCE HIS, THE PASSIVE OF HIS WIFE, HE JUST CANNOT LIVE AT THE HOUSE, UM, IS WHAT HE'S TOLD US. UH, BUT AS YOU CAN SEE, I MEAN, WE'VE HAD MULTIPLE COMPLAINTS. THIS IS THE MOST RECENT ONE. UM, THIS HOUSE, LIKE I SAID, HAS A, A POOL IN THE BACKYARD. UH, THE FENCE IS SUPPOSED TO ACT AS A PERIMETER AND ALSO AS A, AS A GUARD AGAINST, YOU KNOW, SOMEBODY GOING INTO THEIR BACKYARD AND, AND ACCIDENTALLY FALLEN IN. UM, BUT, UM, WE HAVEN'T SEEN ANY CHANGE. I MEAN, HE DOES, HE DID MAKE AN EFFORT TO TRY TO REMOVE. HE, AT ONE POINT IN TIME, HE HAD MULTIPLE VEHICLES IN THE FRONT, SO HE GOT RID OF, UM, FIVE OF THE SIX VEHICLES AND HE'S TRYING TO SELL THE HOUSE. UM, BUT WE, WE JUST HAVEN'T SEEN ANY MOVEMENT. COMMISSIONER TOM, AVI? I AM, I AM SEEING SOME NOTES FROM THIS HERE WHERE, UM, IT SAYS HOMEOWNERS CONTINUE TO WORK TO CLEAN UP THE PROPERTY. UM, BUT WHAT, WHAT YOUR TESTIMONY IS RIGHT HERE IS KIND OF, IT'S NOT A LOT. HE'S MOVING A COUPLE CARS OFF. HE'S MAYBE MOVING SOME BRANCHES, BUT IT'S NOT MAKING A REAL DENT IN THE, UH, IN THE ISSUES THAT IS CORRECT. I MEAN, HE'LL TRIM THE, THE TALL GRASS AND WEEDS TO TRY TO, YOU KNOW, PLACATE, YOU KNOW, THE INSPECTOR AND THE NEIGHBORS. UH, I THINK HE'S TRY REALLY TRYING TO JUST SELL THE HOUSE AS IS. AND WE, WE HAVE THE CONTACT INFO FOR, FOR THAT PERSON. AND, UH, WE DO, AND I KNOW WE, WE POSTED THE, THE NOTICE OF HEARING. DID YOU ALSO, UH, COMMUNICATE? DID WE ALSO COMMUNICATE ANY OTHER WAY TO THEM ABOUT THE HEARING? UH, WE LET HIM KNOW THAT [01:05:01] WE WOULD BE MOVING THIS CASE FORWARD. OKAY. INTO THE, THIS VENUE. OKAY. UM, MELANIE, OH, I'M SORRY. YEAH, CHAIR. UM, THE OWNER OF THIS PROPERTY HAS CALLED IN. HE'S ON A BUS CITY BUS. IT'S BROKEN DOWN. HE'S NOT GONNA BE ABLE TO MAKE IT. AND WE WERE GONNA ASK IF YOU COULD CONTINUE THIS CASE SO THAT HE COULD ATTEND THE MEETING AT A LATER DATE. THAT WOULD SEEM APPROPRIATE. COMMISSIONERS, I'M OKAY WITH THAT. IN A MOTION TO, UH, MOTION TO POSTPONE FOR, I SUPPOSE THE FOLLOWING MEETING. YEAH. SO THIS WAY WE HAVE A DATE CERTAIN SEPTEMBER, OCTOBER MILL. UM, THE SEPTEMBER MEETING IS AT, IS SEPTEMBER 23RD, I BELIEVE, SEPTEMBER? OR DO YOU WANNA, I'M ASKING YOU BECAUSE YOU HAVE A BETTER IDEA WHAT THE AGENDA LOOKS LIKE. WE DON'T HAVE AN AGENDA SET YET FOR, FOR SEPTEMBER. OKAY. WELL THAT WOULD SEEM TO BE CHAIR WOULD BE THE 23RD. THE 23RD. OKAY. COMMISSIONER, IS THERE A MOTION? DO WE NEED TO CLOSE THE PUBLIC HEARING? THE PUBLIC HEARING? YEAH. OH, YES. OH YEAH. YEAH. LET'S CLOSE THE PUBLIC HEARING. IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED. SECOND. COMMISSIONER TOM LOVICH. UH, SECOND BY COMMISSIONER GARZA. VOICE VOTE. ALL IN FAVOR, SAY NONE. AYE. AYE. MOTION PASSES. IS THERE A MOTION I'LL MOVE TO POSTPONE, UH, TO CONTIN TO POSTPONE THIS PARTICULAR CASE UNTIL THE SEPTEMBER 23RD, 2026 MEETING. MOTION BY COMMISSIONER TOM LOVICH. SECOND. SECOND BY JEFF. UM, COMMISSIONER MUSGROVE. UH, COMMISSIONER MAYOR. A COMMISSIONER BROWN. AYE. COMMISSIONER GARZA. AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER ABERRA. AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE AYE. INTERIOR VOTES. AYE. THANK YOU. MOVE TO ITEM [5. Case Number: CL 2026-090706 ] FIVE TO CASE NUMBER FIVE. OKAY. ITEM NUMBER FIVE ON THE AGENDA IS CASE NUMBER C 20 26 0 9 0 7 0 6 AND IS REGARDING A RESIDENTIAL PROPERTY LOCATED AT 4 5 0 8 RALEIGH CIRCLE. THE EXHIBITS CAN BE FOUND IN THE DARK GREEN BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER. HERE ARE SOME FACTS ABOUT THE CASE. THIS CASE IS REGARDING AN UNOCCUPIED SINGLE FAMILY RESIDENTIAL PROPERTY THAT IS OCCUPIED AND IS HOMESTEADED. THE CASE WAS OPENED IN JANUARY, 2026 DUE TO A COMPLAINT REGARDING STRUCTURAL CONDITIONS. THERE ARE NO ACTIVE PERMITS TO ADDRESS THE SITE THE VIOLATIONS CITED. THIS STRUCTURE IS AN ATTRACTIVE NUISANCE, IS SUBSTANDARD WITH UNSAFE CONDITIONS AND REQUIRES REPAIR. AND YOUR GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY. A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS. EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO M, AND THE RECOMMENDED ORDER CODE INSPECTOR TREY KLEINER IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED. INSPECTOR KLEINER, PLEASE BEGIN YOUR TESTIMONY. THERE WE GO. GOOD EVENING, COMMISSIONERS. MY NAME IS TREY KLEINERT. I'M A CODE INSPECTOR WITH THE CITY OF AUSTIN. THE CASE I'M PRESENTING BEFORE YOU WILL BE FOR 45 0 8 RALEIGH CIRCLE, AUSTIN, TEXAS OF AN EXTERIOR INSPECTION. AND THE FACTS OF THE CASE ARE AS FOLLOWS. WE'RE GONNA GO BACK JUST A LITTLE BIT, UH, FROM THE 2026, UM, INITIAL FOR THIS COMPLAINT. ON APRIL 10TH, 2024, WE RECEIVED A COMPLAINT FOR THIS PROPERTY. UPON THE INITIAL INSPECTION OF THIS PROPERTY, A LARGE AMOUNT OF GARBAGE, TRASH AND DEBRIS WAS OBSERVED. WE WENT THROUGH TWO ADMINISTRATIVE HEARINGS AND WE WENT THROUGH ONE MUNICIPAL COURT HEARING, UH, NONE OF WHICH THE OWNER ATTENDED. IN THE END, UH, IN JANUARY, WE ENDED UP ABATING, UH, THE TRASH AND DEBRIS THAT WAS ON THE PROPERTY. IT TOOK US TWO DAYS TO ABATE THIS PROPERTY. THAT'S, UH, THE AMOUNT OF, OF ITEMS THAT WERE IN THE, UH, BACKYARD AND SURROUNDING AREA. UH, DURING THIS ABATEMENT PROCESS IS WHEN WE WERE ABLE TO VIEW THE MULTIPLE STRUCTURE VIOLATIONS. HONESTLY, WE WERE NEVER ABLE TO REALLY GET INTO THE BACKYARD BECAUSE OF THE AMOUNT OF ITEMS THAT WOULD BASICALLY BLOCK OUR PATH. UM, SO THAT'S WHEN THIS SERVICE CALL WAS GENERATED. UM, ON FEBRUARY 10TH, 2026, THE PROPERTY WAS POSTED AND THE, WITH THE NEWEST NOTICE OF VIOLATION SINCE THAT DATE AND THROUGH TODAY, MULTIPLE INSPECTIONS OF THIS PROPERTY HAVE BEEN MADE. THE FOLLOWING PHOTOGRAPHS I'M PRESENTING AS EVIDENCE ARE A REPRESENTATION OF MANY OF [01:10:01] THE DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND OF ITS BUILDINGS MOVED. MOVE TO PHOTOS. OH, I KNEW THAT. JUST HIT THE, OKAY. THERE WE GO. SO THIS IS JUST A, A PHOTOGRAPH OF THE RALEIGH CIRCLE JUST SHOWING THAT YEAH, I'M, I'M IN THE RIGHT SPOT. THIS IS A PICTURE OF THE FRONT YARD OF 45 0 8 RALEIGH CIRCLE. UM, IN THIS PHOTO YOU CAN SEE, UH, A VEHICLE THAT'S INOPERABLE AND JUST THE GENERAL CONDITION OF, OF THE FRONT YARD. UH, DURING THIS INSPECTION, THIS IS A PICTURE OF THE LEFT SIDE OF THE PROPERTY GOING INTO THE BACKYARD. THE OWNER IS STARTING TO ACCUMULATE MORE ITEMS. THIS AREA WAS PERFECTLY CLEAR WHEN WE FINISHED ABATING IT. IN THIS PHOTO, YOU CAN SEE A COUPLE OF, UH, PIECES OF ROTTED WOOD THAT ARE ON THE STRUCTURE. THIS IS EXHIBIT 2D. IT'S A PHOTOGRAPH OF THE ELECTRICAL OUTLET AT THE REAR OF THE BUILDING. IT IS MISSING AN APPROPRIATE FACE PLATE COVER AND DOES NOT HAVE GROUND FAULT COVERING THE RUBBER INTERRUPTER UH, PROTECTION. YOU CAN ALSO SEE VARIOUS PIECES OF WOOD THAT ARE, ARE, UH, WITHOUT SURFACE COATING AND ARE ARE ROTTING. TWO E EXHIBIT TWO E IS A PHOTOGRAPH OF A PORTION OF THE ROOF IN DISREPAIR. EXHIBIT TWO F IS A PHOTOGRAPH OF THE GARAGE DOOR IN DISREPAIR. YOU CAN SEE PART OF THE GARAGE DOOR IS JUST KIND OF TAKEN OFF AND LEANING UP TO THE SIDE OF THE HOUSE. EXHIBIT TWO G IS A CLOSEUP PHOTOGRAPH OF THE ROOF AREA SHOWING ROTTING WOOD AND DAMAGED FLASHING. EXHIBIT TWO H IS A PHOTOGRAPH OF THE RIGHT SIDE OF THE STRUCTURE SHOWING DAMAGE AND WEATHERED WOOD CAUSED BY IT NOT BEING PROPERLY SURFACE COATED AND OR MAINTAINED. EXHIBIT TWO I IS ANOTHER PHOTOGRAPH OF THE EXTERIOR OF THE HOME SHOWING AREAS WHICH ARE NOT PROPERLY COATED. EXHIBIT TWO J IS JUST ANOTHER, UM, ELECTRICAL OUTLET THAT THAT HAS BEEN PUT UP WITHOUT PERMIT OR ANYTHING OF THAT NATURE. EXHIBIT 2K IS A PHOTOGRAPH OF THE FRONT OF THE PROPERTY, UH, TO THE LEFT SIDE OF THE PROPERTY. YOU CAN SEE SOME WINDOWS OVER THERE. THERE ARE A COUPLE OF WINDOWS THAT ARE MISSING AT THAT WINDOW PANE. AND THEN UNDERNEATH THAT WINDOW PANE, THE, UH, UH, THE WOOD IS PRETTY MUCH GONE. THEY, AT ONE TIME HE HAD A, UH, UH, COOKING AREA, UH, OUTSIDE OF HIS HOME AND IT CAUGHT FIRE. SO THAT PART OF THE BUILDING CAUGHT FIRE FOR A LITTLE WHILE AND, UM, BURNED SOME OF THE WOOD TWO L. EXHIBIT TWO L IS A PHOTOGRAPH OF ROOF DAMAGE, INCLUDING, INCLUDING THIS IS A LIGHT FIXTURE, WHICH IS NOT PROPERLY INSTALLED, IT'S JUST HANGING BY A CORD. TWO M IS ANOTHER WINDOW THAT IS IN DISREPAIR AT THE REAR OF THE PROPERTY. WITH THIS, I CONCLUDE MY PRESENTATION OF 45 0 8 RALEIGH CIRCLE AND STRONGLY URGE THE COMMITTEE MEMBERS TO ADOPT STAFF'S RECOMMENDATION. RECOMMENDED ORDER. THANK YOU. THANK YOU. BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH UNSAFE CONDITIONS. STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO. M. 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 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED. ASSESS A CIVIL PENALTY OF $250 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE. ENTER 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 THE PRESENTATION. THANK YOU. THE OWNER HERE? I DON'T BELIEVE SO. NO. [01:15:01] COMMISSIONER IS OBJECTION. WE'LL ADMIT THE CITY'S EXHIBITS ONE, TWO A THROUGH TWO M, HEARING NONE. EXHIBITS ARE ADMITTED. COMMISSIONERS QUESTIONS FOR STAFF. YEAH. UM, SO YOU'VE SPOKEN WITH THE, YOU'VE SPOKEN WITH THE HOMEOWNER MULTIPLE TIMES. YEAH. WHAT'S THE, I SAW THERE WAS SOME PROGRESS IN THE NOTE IN THE NOTES, UH, WHERE HE GOT THE SEWAGE ISSUE KIND OF RESOLVED, BUT THESE OTHER ISSUES ARE CLEARLY STILL HAPPENING. I MEAN, YOU KNOW, IS, I GUESS I'M JUST STRUGGLING TO UNDERSTAND HOW SOMEONE WHO'S MAYBE ALL THE WAY THERE IS, IS LIVING IN THESE CONDITIONS AS LONG AS, AS FAR AS I CAN TELL FROM THE OUTSIDE, IS COULD I GET YOUR IMPRESSION? JUST WE, WE DID HAVE OUR SOCIAL WORKER, UH, COME OUT AND SPEAK WITH HIM, UH, MULTIPLE TIMES. YEAH. UM, AND HE WOULD, I DON'T, I THINK THAT HE IS ON SOME TYPE OF MEDICATION. I'M NOT A HUNDRED PERCENT SURE MM-HMM . UM, AND THAT, I THINK THAT HE JUST REFUSES TO TAKE HIS MEDICATION AND THAT'S WHEN HE KIND OF GOTCHA. KIND OF GOES OFF RAIL. UM, MY UNDERSTANDING FROM, FROM THE OTHER NEIGHBORS WHO MAKE COMPLAINTS IS THAT THERE'S ONE, UH, UH, ONE OF THE NEIGHBORS HAS, UH, UH, LIKE SCRAP BUSINESS YEAH. AND BRINGS A LOT OF HIS STUFF INSTEAD OF TAKING IT TO THE JUNKYARD, BRINGS IT OVER AND PARKS IT IN FRONT OF CARLOS'S HOUSE AND HE GETS ALL EXCITED AND GRABS ALL THE STUFF AND TAKES IT INTO HIS YARD . SO, UH, UH, THAT'S HOW HE STARTS TO ACCUMULATE MORE STUFF AGAIN AND AGAIN FROM THE VERY FIRST TIME THAT, THAT IT WENT TO THE HOME, YOU KNOW, DISCUSSING THE, THE ACCUMULATION UNTIL WE ABATED IT, IT JUST GOT SO OUT OF CONTROL. YEAH. IT, IT, LIKE I SAID, WE COULDN'T EVEN WALK IN THE BACK IN THE BACKYARD TO TAKE PHOTOS OF IT. UM, HE WAS VERY APPRECIATIVE WHEN WE DID CLEAN IT UNTIL, UNTIL HE GOT HIS BILL FOR IT, SO. RIGHT. YEAH. . SO THEN, UH, BASICALLY THESE PHOTOS ARE AFTER THE CITY HAS ALREADY HAD SOME ABATEMENT ALREADY OF THE PROPERTY. WE'VE ABATED THE, THE ENTIRE PROPERTY OF EVERYTHING THAT, THAT WAS THERE. AND, AND THESE PHOTOS DON'T INCLUDE PROPERTY ABATEMENT ISSUES 'CAUSE THAT WASN'T A PORTION OF, OF THE STRUCTURAL, UH, PART OF IT, BUT, BUT HE HAS STARTED TO ACCUMULATE MORE STUFF AGAIN. OKAY. AND, OKAY, LAST QUESTION. I MEAN, FAMILY OR ANYONE THAT'S, THAT'S KEEPING AN EYE ON THIS GUY OR, OR ANYTHING LIKE THAT? NOT THAT I'M AWARE OF. THAT'S TOUGH. OKAY. THANK YOU COMMISSIONERS. OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED. MOTION BY COMMISSIONER MUSGROVE SECOND BY COMMISSIONER GARZA. YES. GOT IT. OKAY. ALL IN FAVOR SAY AYE. AYE. AYE. NAY, COMMISSIONERS PUBLIC. THANK YOU. UH, PUBLIC HEARING IS CLOSED. IS THERE A MOTION I MOVE TO ADOPT THE STAFF'S PROPOSED FINDINGS AND FACTS IN CONCLUSION OF THE LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY? SECOND. SECOND BY COMMISSIONER RIVERA. MOTION BY COMMISSIONER GARZA. ANY DISCUSSION? GO TO THE VOTE. COMMISSIONER NAYER AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA. AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER RA AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE AYE. AND CHAIR OF VOTES AYE. MOTION PASSES. THANK YOU FOR YOUR TIME. UH, COMMISSIONERS, IF THERE'S AN ANY OBJECTION, CAN WE TAKE A 10 MINUTE BEFORE WE START THE NEXT TWO, THE LAST TWO ITEMS? SO 10 MINUTES. THANK YOU. TIME IS EIGHT OH TWO. WE'LL CALL THE MEETING BACK TO ORDER COMMISSIONERS. WE'RE [6. Case Number: CL 2025-141760 ] AT ITEM NUMBER SIX. OKAY. ON ITEM NUMBER SIX ON THE AGENDA, CL 20 25 1 4 1 7 60 IS REGARDING CASE, A CASE REGARDING A PROPERTY LOCATED AT 1601 ROYAL CREST DRIVE, ALSO KNOWN AS MIA RIVERSIDE. STAFF EXHIBITS CAN BE FOUND IN THE NAVY BLUE BOOKS IN YOUR READERS AND GOOGLE DRIVE FOLDER. HERE ARE SOME FACTS ABOUT THE CASE. THIS CASE IS REGARDING A COMMERCIAL MULTIFAMILY PROPERTY. THIS IS A RETURNING CASE ORIGINALLY BROUGHT TO THE COMMISSION IN DECEMBER, 2025, WHICH AT THE TIME WAS REGISTERED IN THE REPEAT OFFENDER PROGRAM AT THE DECEMBER, 2025 MEETING. THE COMMISSION ORDERED REPAIR OF THE COMMERCIAL MULTIFAMILY STRUCTURE AND REQUIRED THAT THE OWNER OBTAIN AND COMPLETE A COMPREHENSIVE EVALUATION OF THE PRIVATE WASTEWATER SYSTEM, BOTH WITHIN 25 45 DAYS, WITH A PENALTY OF $1,000 PER WEEK TO BEGIN TO ACCRUE ON THE 46TH DAY AND CONTINUE UNTIL COMPLIANCE WAS VERIFIED. AS OF TODAY'S DATE, [01:20:01] THE PROPERTY REMAINS OUT OF COMPLIANCE WITH THE 2025 BSC ORDER. THE CIVIL PENALTY TOTAL IS $29,571 43 CENTS AND CONTINUES TO ACCRUE THE STRUCTURES, REMAIN IN DISREPAIR, CREATE A PUBLIC AND AN ATTRACTIVE NUISANCE, AND ARE CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS. WE ARE NOW RECOMMEND RECOMMENDING MODIFICATION OF THE EXISTING ORDER FROM REPAIR TO DEMOLITION WITH THE CURRENT PENALTIES TO STOP ACCRUING, BUT REMAIN IN PLACE IN YOUR GOOGLE DRIVE FOLDER OR READERS. YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS ONE TWO A THROUGH TWO M AND EXHIBIT THREE, EXHIBIT FOUR, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, ALL REQUIRED NOTICES, PROOFS OF MAILING AND POSTINGS. A COPY OF THE EXISTING BSC ORDER TRV 2 0 2 5 1 4 2 6 3 9, AND A PENALTY STATEMENT THROUGH TODAY'S DATE. AND EXHIBIT FIVE, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS FIVE A THROUGH FIVE J AND THE RECOMMENDED ORDER CODE INSPECTOR PHILLIP MARINO IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS AND DISCUSS THE VIOLATIONS AS DEPICTED. INSPECTOR MORENO, PLEASE BEGIN YOUR TESTIMONY. UM, GOOD EVENING COMMISSIONERS. MY NAME IS PHILIP MORENO. I'M AN INVESTIGATOR WITH THE CODE COMPLIANCE REPEAT OFFENDER PROGRAM FOR THE CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT. THE PROPERTY BEING PRESENTED THIS EVENING IS A COMMERCIAL COMPLEX LOCATED AT 16 0 1 ROYAL CREST DRIVE CONSISTS OF 39 BUILDINGS WITH A TOTAL OF 562 UNITS AND WAS ORIGINALLY CONSTRUCTED IN 1968. THE OWNER OF RECORD AT THAT TIME WAS IDENTIFIED AS MIA RIVERSIDE HOCO, LLC. THE PROPERTY WAS PLACED ON A REPEAT OFFENDER PROGRAM ON MAY 21ST, 2025. IT HAD PREVIOUSLY BEEN ON THE PROGRAM FROM AUGUST 16TH, 2016 UNTIL JULY 1ST, 2024. UNDER A TWO YEAR DESIGNATION PLAN, IT WAS PLACED BACK ON A FIVE YEAR DESIGNATION PLAN ON MAY 29TH, 2025 AND DECEMBER OF 2025. THE PROPERTY WAS BOUGHT, BOUGHT BEFORE THE BUILDING STANDARDS COMMISSION FOR VIOLATIONS RELATED TO THE PROPERTY MAINTENANCE CODES. ON JANUARY 21ST, 2026, THE PROPERTY WENT INTO FORFEITURE BY FREDDIE MAC. AS A RESULT, FREDDIE MAC CONTRACTED RECEIVERSHIP COMPANY, MAYFAIR MANAGEMENT GROUP, LP, WHICH ASSUMED MANAGEMENT OF THE PROPERTY. THE NEW, THE NEW OWNERS IMMEDIATELY BEGAN ADDRESSING THE EXISTING CODE VIOLATIONS THEY IMPLEMENT. THEY IMPLEMENTED 24 HOUR SECURITY INITIATIVE AID BOARD OF ALL VACANT UNITS AND STRUCTURES AFTER CONDUCTING PLUMBING INSPECTION. AND DUE TO THE EXTENSIVE PLUMBING AND SEWER REPAIRS REQUIRED TO BRING THE PROPERTY UP INTO CURRENT STANDARDS AND THE FACT THAT THESE WERE REPAIRS WERE NOT FINANCIALLY FEASIBLE, THE OWNERS MADE A DECISION TO VACATE THE PROPERTY. ALL RESIDENTS WERE VACATED OR RELOCATED AND MONEY WAS GIVEN TO TO THEM TO DO SO. A TEMPORARY FENCE HAS BEEN INSTALLED AROUND THE PERIMETER AND WATER AND GAS SERVICES HAVE BEEN DISCONNECTED AND ELECTRICITY HAS BEEN REMOVED EXCEPT FOR THE COMMON AREA LIGHTING. SECURITY PERSONNEL STILL REMAIN ON SITE 24 7. THE PHOTOGRAPHS I WILL REPRESENT TONIGHT SHOW THE CURRENT CONDITION OF THE PROPERTY. EXHIBIT FIVE A SHOWS THE LOCATION OF THE PROPERTY AS A ARCHITECTURAL RULE OF THE PROPERTY. IT'S THE ENTRANCE SHOWS IT'S BEEN FENCED OFF AT THE ENTRANCE. EXHIBIT FIVE B IS A FENCED IN AREA, AGAIN, OFF ROYAL CREST SHOWING IT'S STILL SECURED. EXHIBIT FIVE C SHOWS STRUCTURES WATERED UP AND SECURE SECURED FROM A, I'M SORRY, I'M SORRY, FIVE C SHOWS 24, UH, SECURITY ON, ON SITE 24 7. THAT'S A PICTURE OF THE SECURITY VEHICLE THERE. FIVE D SHOWS, UH, UH, MATERIAL TO USE FOR SECURING THE, THE, THE PROPERTY. AS YOU CAN SEE, THE BUILDING BEHIND IT IS SECURED. ALL THE, UH, OPEN, I GUESS, STRUCTURES, DOORS AND WINDOWS HAVE BEEN BOARDED UP THAT THERE JUST SHOWN ANOTHER AREA OF THE PROPERTY, FIVE EXHIBIT FIVE E SHOWS ANOTHER AREA OF THE PROPERTY WHERE IT'S BEEN SECURED AND BOARDED UP. FIVE F IS OFF THE BURTON SIDE OF THE PROPERTY. IT'S JUST SHOWN THAT THE [01:25:01] PROPERTY IS FENCED OFF. EXHIBIT 5G IS ANOTHER PHOTO, CONTEXTUAL PHOTO FROM THE BURTON SIDE OF THE PROPERTY. IT SHOWS IT BEING FENCED OFF, AND AS YOU CAN SEE IN THE BACKGROUND, THERE IS A BURNT STRUCTURE ON THAT PROPERTY. FIVE H. THAT'S JUST ANOTHER VIEW OF THE SAME, SAME AREA. AS YOU CAN SEE, THAT STRUCTURE HAS BEEN BURNT AND ITS AREA IS STILL FENCED OFF AND SECURED FROM PUBLIC ENTRY. AND THIS IS FURTHER DOWN THE ROAD ON BURTON DRIVE, JUST SHOWING THE PROPERTY IS FENCED OFF AND SECURED FROM PUBLIC ENTRY. EXHIBIT FIVE I EXHIBIT FIVE J SHOWS THE PROPERTY BEING SECURED, ALL THE OPEN STRUCTURES ARE BOARDED UP. UM, CONCLUSION, DUE TO THE CURRENT CONDITION OF THE PROPERTY, WE'RE REQUESTING MODIFICATION TO THE EXISTING, UH, BUILDING AND STANDARDS COMMISSION ORDER AS FOLLOWS. FIRST, WE ASK THAT THE ACT OF THE EXISTING FINES TO BE DISCONTINUED AS THERE ARE NO LONGER ANY TENANTS ON SITE AND NO ONGOING SEWAGE OVERFLOWS. SECOND, WE REQUESTED ESTABLISHMENT OF A FORMAL VACATE ORDER TO PREVENT ANY FUTURE LEASING OF UNSAFE STRUCTURES. FINALLY, WE ASKED THE DEMOLITION. FINALLY, WE ASKED FOR A DEMOLITION ORDER FOR ALL STRUCTURES DUE TO OUR DETERIORATING STRUCTURAL CONDITION AND EXTENSIVE FAILURES IN THE PLUMBING AND WATER WASTEWATER SYSTEMS. THIS CONCLUDES MY PRESENTATION CHAIR. I BELIEVE WE HAVE, UH, ASSISTANT DIRECTOR DANIEL WORD WANTS TO SPEAK. UH, THANK YOU MELANIE. UM, UH, DANIEL WORD, ASSISTANT DIRECTOR AUSTIN DEVELOPMENT SERVICES. UH, I WANTED TO CLARIFY FOR THE COMMISSION, UM, A LITTLE BIT IN TERMS OF OUR PURPOSE AND INTENT AND KIND OF WHAT'S HAPPENED TO THIS PROPERTY AND WHAT'S BRINGING US TO COME BACK HERE TONIGHT ASKING FOR A MODIFICATION TO THE ORDER. UM, THIS PROPERTY HAS BEEN SUBJECT TO MANY CODE ENFORCEMENT ACTIONS OVER THE YEARS. IT'S BEEN BEFORE THIS COMMISSION MULTIPLE TIMES. UM, AND, AND IN FACT, I THINK IF IT WASN'T THE FIRST ROPE PROPERTY, IT'S ONE OF THE FIRST ROPE PROPERTIES WE EVER HAD. UM, MANY OWNERS OVER THE YEARS, LOTS OF DEFERRED MAINTENANCE ISSUES. UM, WHEN WE CAME TO THIS COMMISSION IN DECEMBER, SEEKING THE REPAIR ORDER, THE ISSUE AT HAND AT THAT TIME WAS, UH, A CONTINUANCE OF SANITARY SEWER OVERFLOWS. UM, AND AS THE ORDER HAD STATED, IT HAD ASKED FOR, UH, SOME CAMERA WORK TO BE DONE, UM, AND THEN TO HAVE THAT EVALUATED BY A PROFESSIONAL ENGINEER AND THEN ULTIMATELY REPAIR THE WASTEWATER SYSTEM. AND, AND THAT WAS IN DECEMBER OF 2025. IN JANUARY OF THIS YEAR, UH, THE PROPERTY WENT INTO RECEIVERSHIP AS INVESTIGATOR MARINO EXPLAINED. UM, AND I THINK SOMETIME IN THE SPRING, UH, BOTH FREDDIE MACK AND UM, MAYFAIR MANAGEMENT MADE A, WHAT I THINK WAS PROBABLY A DIFFICULT DECISION TO VACATE THE PROPERTY. UM, THAT WHEN WE CAME TO THIS COMMISSION IN DECEMBER, THAT IDEA OF VACATING THE PROPERTY WASN'T ON THE TABLE AT THE TIME. SO THAT'S KINDA THE SIGNIFICANT EVENT THAT HAS CHANGED OUR DIRECTION A LITTLE BIT. UM, WITH THE PROPERTY AND RECEIVERSHIP, UH, YOU KNOW, THEY VACATED THE PROPERTY. THEY PROVIDED RELOCATION ASSISTANCE TO ALL THE TENANTS. I THINK THEY EVEN PARTNERED WITH SOME APARTMENT RELOCATORS TO HELP GUIDE PEOPLE THROUGH THE PROCESS OF FINDING A NEW PLACE TO LIVE. UM, AND THEN ONCE THE PROPERTY IS VACATED, UH, RECEIVER HAS TAKEN EFFORTS TO CUT OFF THE WATER SERVICE TO THE PROPERTY. THEY'VE CUT OFF THE GAS SERVICE TO THE PROPERTY, AND FOR THE MOST PART HAVE DE-ENERGIZED THE PROPERTY. I THINK THERE ARE STILL SOME METERS WORKING FOR SECURITY LIGHTING PURPOSES, BUT BY AND LARGE, I THINK ALL THE UNITS ARE DE-ENERGIZED. UM, AND SO WITH THAT BEING THE CASE, WHILE THE WASTEWATER REPAIRS HAVE NOT BEEN COMPLETED, UM, THE IMMEDIATE ISSUE OF HAVING THE SANITARY SEWER OVERFLOW ISSUES HAS BEEN MITIGATED BY THE FACT THAT THERE'S ONE, THE ONE LIVING THERE ANYMORE. UM, AND TWO, NO WATER SERVICE TO THE PROPERTY. SO NO WATER IN, NO WATER OUT. UM, AND SO IN RECOGNITION OF THAT, UH, WE BELIEVE THAT IN THE CITY'S BEST INTEREST TO ONE, RECOGNIZE THAT THERE HAVE BEEN MITIGATING CIRCUMSTANCES TO THE REPAIR ORDER, UM, THROUGH THE ACTIONS OF THE CURRENT MANAGEMENT. UM, WHICH I NEED TO SAY OUT LOUD, OUR RELATIONSHIP WITH CURRENT RECEIVER HAS BEEN FANTASTIC. UM, WE JOKE AMONG OURSELVES, IF WE HAD THIS KIND OF RELATIONSHIP WITH EVERY RECEIVER AND PROPERTY OWNER, THEY WOULDN'T NEED US ANYMORE. UM, THEY'VE DONE EVERYTHING WE COULD ASK THEM TO DO. THEY'VE PROVIDED 24 7 [01:30:01] SECURITY ON THE PROPERTY. THEY'VE PROVIDED PERIMETER FENCING, THEY'VE BOARDED AND SECURED, THEY CUT OFF ALL THE UTILITIES. BUT WE'RE WORRIED ABOUT WHAT HAPPENS WHEN THE PROPERTY SELLS. UM, WE CAN'T GUARANTEE THAT WHOEVER PURCHASE THIS PROPERTY WILL HAVE THE SAME PRO ACTION AND SAME COMMUNICATION STYLE THAT THE CURRENT OWNERSHIP DOES. AND SO WITH ALL THAT WEIGHED ALL THOSE FACTORS CONSIDERED, WE'RE ASKING THIS COMMISSION TONIGHT TO ESSENTIALLY FREEZE THE PENALTIES WHERE THEY'RE AT, UM, AND CONVERT THE ORDER INTO A COMBINATION OF AN ORDER THAT REQUIRES THE PROPERTY REMAIN VACANT UNTIL EITHER THE REPAIRS ARE COMPLETED OR IT'S DEMOLISHED, AND THEN ULTIMATELY A DEMOLITION ORDER TO MAKE IT CLEAR TO AN EVENTUAL BUYER THAT THE CITY'S EXPECTATION IS THIS PROPERTY WILL BE DEMOLISHED. UM, IN, IN TERMS GIVEN THE LONG HISTORY OF THIS PROPERTY, FROM THE CITY'S PERSPECTIVE, WE THINK THAT'S THE BEST COURSE OF ACTION FOR THIS PROPERTY. UM, AND SO I WANTED TO SUMMARIZE ALL THAT FOR EVERYBODY TO TRY TO MAKE CLEAR THE CIRCUMSTANCES OF HOW WE ARRIVED TO THIS DECISION AND WHY WE'RE HERE TONIGHT. AND SO WITH THAT, I'LL CONCLUDE AND I'M AVAILABLE FOR ANY QUESTIONS, COMMISSIONERS QUESTIONS FOR MR. MOORE. UH, OKAY. I'D LIKE TO READ THE RECOMMENDED ORDER AND, OH, I'M SORRY, MELANIE, YOU JUMPED AHEAD OF YOU. GO AHEAD. OKAY. BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE AND IS CONSIDERED SUBSTANDARD WITH DANGEROUS CONDITIONS. STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS FOUR AND FIVE CONSISTING OF EXHIBIT FOUR, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT IN CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS. AND EXHIBIT FIVE A THROUGH FIVE J, WHICH WERE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS. STAFF FURTHER ASKED THE COMMISSION TO ADOPT THE FI THE FOLLOWING ADDITIONAL FINDINGS OF FACT FINDING. OF FACT, THE COMMISSION ISSUED ITS CURRENT ORDER FOR REPAIR, TRV 2 0 2 5 1 4 2 6 3 9 ON DECEMBER 9TH, 2025, REFERRED TO AS THE 2025 ORDER FINDING OF FACT, THE PROPERTY OWNER DID NOT TIMELY APPEAL THE 2025 ORDER AND THE PERIOD IN WHICH THE OWNER COULD HAVE APPEALED. THE 2025 ORDER HAS LAPSED FINDING A FACT IN ITS 2025 ORDER. THE COMMISSION ORDERED THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE THE ORDER WAS MAILED. ONE, OBTAINING A COMPREHENSIVE EVALUATION OF THE PRIVATE WASTEWATER SYSTEM TO INCLUDE DATA RECORDED ON VIDEO, A LAYOUT, SCHEMATICS OF THE WASTEWATER SYSTEM PREPARED BY AN ENGINEER LICENSED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS, AND SUBMIT AND, AND SUBMIT SAID EVALUATION TO THE COMMISSIONER'S COORDINATOR TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS. THREE, CORRECT ALL VIOLATIONS CITED TO THE COMMERCIAL MULTIFAMILY STRUCTURE AND IDENTIFIED IN THE ORDER AND FOUR REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE FINDING OF FACT IN ITS 2025 ORDER. THE COMMISSION FURTHER ASSESSED A CIVIL PENALTY OF $1,000 PER WEEK TO BEGIN TO ACCRUE ON THE 46TH DAY FROM THE DATE THE ORDER WAS MAILED. IF COMPLIANCE WAS NOT TIMELY ACHIEVED, FINDING OF FACT COMPLIANCE WAS NOT TIMELY ACHIEVED AND THE PROPERTY REMAINS IN VIOLATION, FINDING OF FACT TO DATE PENALTIES HAVE ACCRUED IN THE AMOUNT OF $29,571 43 CENTS AND CONTINUE TO ACCRUE. STAFF FURTHER ASKED THE COMMISSION TO TAKE THE FOLLOWING ACTIONS, ONE ISSUE A NEW ORDER THAT WILL REPLACE AND SUPERSEDE THE PREVIOUS ORDER ISSUED, PARDON, ISSUE A NEW ORDER THAT WILL REPLACE AND SUPERSEDE THE PREVIOUS ORDER ISSUED ON DECEMBER 9TH, 2025, AND RECORDED AS TRV 20 25 1 4 2 6 3 9 IN THE TRAVIS COUNTY DEED RECORDS REFERRED TO AS A 2025 ORDER TWO CAP AND AFFIRM THE CIVIL PENALTY OF $29,571 43 CENTS ASSESSED BY THE 2025 ORDER AND INTEREST WILL NO LONGER CONTINUE TO ACCRUE. THREE, ORDER THE OWNER TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE THE ORDER IS MAILED. A VACATE ALL UNITS ON THE COMMERCIAL MULTIFAMILY PROPERTY AND ENSURE ALL UNITS REMAIN VACANT UNTIL SUCH TIME THE PRIVATE WASTEWATER SYSTEM IS REPAIRED OR ALL STRUCTURES ARE DEMOLISHED. B, OBTAIN AND FINALIZE ALL NECESSARY PERMITS. C DEMOLISH ALL PORTIONS OF THE STRUCTURES AND ANY ACCESSORY STRUCTURES LOCATED ON THE COMMERCIAL MULTIFAMILY PROPERTY AND REMOVE ITS DEBRIS, LEAVING THE LOT CLEAN AND RAKED D REQUEST INSPECTIONS FROM AUSTIN DEVELOPMENT SERVICES TO VERIFY COMPLIANCE WITH THREE A THROUGH THREE C FOUR ON THE 91ST DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED. A AUTHORIZE THE CODE [01:35:01] OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE STRUCTURES AND ANY ACCESSORY STRUCTURE, 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. RA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL FIVE. ORDER THE OWNER TO BOARD AND SECURE THE PROPERTY WITHIN SEVEN DAYS FROM THE DATE THE ORDER IS MAILED. OWNER IS TO ENSURE THE PROPERTY REMAINS SECURED FROM TRESPASSERS UNTIL DEMOLITION OF THE STRUCTURES HAS BEEN COMPLETED. SIX ON THE EIGHTH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO BOARD ABORTED, SECURE THE PROPERTY INCLUDING ALL STRUCTURES AND ACCESSORY STRUCTURES. B THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION. A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS. AND WITH THAT, THE CITY CONCLUDES THE PRESENTATION. THANK YOU, MELANIE. YOU'RE WELCOME. OWNERS REPRESENTATIVE. YEAH. MAY I RESPOND, INTRODUCE YOURSELVES? YES. UM, COMMISSIONER, MY NAME IS BRENT MARTINELLI. I'M AN ATTORNEY AND I REPRESENT, UH, FREDDIE MAC, AND IT'S HOLDCO MIO RIVERSIDE, WHICH IS THE CURRENT PROPERTY OWNER. AND TO MY RIGHT HERE, I'VE GOT MS. COKER WHO IS WITH MAYFAIR MANAGEMENT. SO A BIT OF BACKGROUND FOR THE, FOR THE BOARD, UM, THAT I THINK IS IMPORTANT. UM, FREDDIE MAC TOOK POSSESSION OF THIS PROPERTY BACK IN JANUARY OF THIS YEAR FOLLOWING, UH, UH, FORECLOSURE DUE TO MONETARY AND NON-MONETARY DEFAULTS OF THE PRIOR SPONSOR BORROWERS, UH, FOR THIS PARTICULAR PROPERTY. THE REASONS BEHIND THAT FORECLOSURE WERE BOTH MONETARY AND NON-MONETARY. AND SOME OF THOSE NON-MONETARY REASONS FOR THE FORECLOSURE I THINK WERE THE GENESIS FOR THAT DECEMBER, 2025 ORDER, OF WHICH WE WERE NOT AWARE WHEN WE FORECLOSED ON THE PROPERTY. AND SO ONCE WE FORECLOSED ON THE PROPERTY, UM, WE EMPLOYED MAYFAIR MANAGEMENT, MS. COKER, AND I THINK AS THE INSPECTORS HAVE INDICATED, UH, WORK DILIGENTLY, UM, HAND IN HAND AND TOGETHER TO ADDRESS THOSE CONCERNS. UM, OBVIOUSLY BEING FREDDIE MAC AND BEING UNDER CONSERVATORSHIP AND OVERSEEN BY THE, UM, FEDERAL GOVERNMENT, THEIR MAIN CONCERNS WERE THE HEALTH AND SAFETY OF THE TENANTS THAT WERE AT THE PROPERTY AT THE TIME OF FORECLOSURE. UM, TRIED TO TAKE FOR AT LEAST A COUPLE MONTHS, A TWO TIERED APPROACH OF ADDRESSING THE CODE, UH, VIOLATIONS, INCLUDING THE WASTEWATER ISSUE THAT'S BEEN MENTIONED, AS WELL AS STRUCTURAL, ELECTRICAL, AND, UM, UH, OTHER PUBLIC SAFETY ISSUES, UM, THAT THE, THAT WERE AGAIN INCLUDED IN THAT DECEMBER, 2025 ORDER. UM, WE SPECIFICALLY ADDRESSED THE, TRIED TO ADDRESS THE, THE PLUMBING FAILURES, UM, AND AT THE SAME TIME, AND, AND I GUESS LEMME BACK UP, AND ALSO THE UNSAFE BUILDING CONDITIONS AND ALSO THE STRUCTURAL DETERIORATION, KNOWING THAT WE STILL HAD TENANTS IN THE PROPERTY. UM, AND ONCE WE STARTED GETTING BACK FIGURES FOR THE COST OF THOSE, UH, REPAIRS AND REMEDIATION TO TRY AND BRING THE PROPERTY BACK INTO COMPLIANCE, UM, AT THAT TIME, UNFORTUNATELY, FOR US, UM, BUT FOR THE BENEFIT OF THE TENANTS WAS TO ULTIMATELY RELOCATE EACH OF THE TENANTS AND OFFER THEM SUBSTANTIAL MONETARY ASSISTANCE, UM, AND, AND INCENTIVE TO, TO VACATE AS WELL AS WORK WITH THE LOCAL, UM, PROVIDERS IN ORDER TO GET THOSE TENANTS RELOCATED. AND, AND WE DID JUST THAT. UM, SO THE, THE OTHER CONCERNS THAT WE HAVE THAT, THAT WE'VE ADDRESSED, UM, YOU KNOW, WE, WE CONDUCTED THE ENGINEERING AND INFRASTRUCTURE EVALUATIONS. AGAIN, THE SCOPE OF REPAIRS WAS JUST GONNA BE TOO GREAT. UM, WE, UM, LIKE I MENTIONED, WE WORKED AND WE RELOCATED, UM, ALL OF THESE TENANTS THAT WERE THERE, UM, TAKING THIS TWO TIERED APPROACH WITH REGARD TO, UH, BOTH THE VIOLATIONS THAT WERE NOTED IN THE DECEMBER, 2025 ORDER, AS WELL AS TRYING TO ADDRESS THE, THE CELL, UH, PUBLIC SAFETY, HEALTH LIFE ISSUES, UH, WITH REGARD TO, UH, THE TENANTS THAT WERE IN PLACE. UM, SO I THINK CONFIDENTLY I THINK WE ADDRESSED THOSE, AND THAT'S WHERE WE ARE TODAY. UM, WITH REGARD TO THE ORDER THAT'S, THAT'S BEING PROPOSED TO THE COMMISSION TODAY. I, I JUST, WE REALLY HAVE NO ISSUE. WE DON'T HAVE AN ISSUE WITH THE ORDER THAT'S BEING PROPOSED OTHER THAN [01:40:01] THE 90 DAY TIME PERIOD THAT'S BEING PROPOSED, UM, BASED UPON, AND, AND I UNDERSTAND THAT THE, THERE MAY BE A TIME LIMITATION FOR THE COMMISSION IN ORDER TO ADDRESS SOME OF OUR CONCERNS, BUT THE, BUT I, I THINK IT'S IMPORTANT THAT YOU GUYS UNDERSTAND FROM WHERE WE'RE COMING FROM. UM, WE TRIED TO PUBLICLY AUCTION THE PROPERTY IN JULY. UM, WE HAD AT ONE POINT 17 INTERESTED BIDDERS. UM, WE HAD ONE THAT CAME TO THE TABLE WITH A CASH OFFER. UM, IT ULTIMATELY FELL THROUGH BECAUSE OF THE DECEMBER 25 ORDER THAT WAS ON, ON THE BOOKS. AND THERE WAS NO, THAT, THAT BIDDER WAS GOING TO BE ABLE TO GO IN AND DEMOLISH THE PROPERTY WITHIN THE TIME CONSTRAINTS THAT WERE SET FORTH. UM, AND, AND THAT ORDER AS, AS PROPOSED ON THE RECORD, UM, THIS IS A LITTLE OVER 20 ACRE PIECE OF PROPERTY IN A, UM, I, I THINK A, A TERRITORY OR AN AREA THAT'S, UM, SET FOR PRIME REDEVELOPMENT. UM, AND WHAT WE'RE FINDING NOW IS THAT ONE, THE DEMOLITION COSTS ARE GOING TO BE QUITE A BIT. WE'RE LOOKING AT, I THINK FIVE TO $7,000 PER DOOR AND 562 DOORS. THAT'S SIGNIFICANT AMOUNT OF MONEY AND OUTLAY FOR FREDDIE MAC TO GO IN AND DEMOLISH WITHIN THE NEXT 90 DAYS. AND SO WHEN WE'RE TALKING WITH DEVELOPERS, FREDDIE MAC IS NOT IN A, IN A POSITION TO DEVELOP THE PROPERTY. IN FACT, IT'S, UM, UH, I HATE TO SAY THE WORD ILLEGAL, BUT THEY'RE A CHARTERED GOVERNMENT SPONSORED ENTITY, AND THEY'RE UNABLE TO SERVE IN A DEVELOPMENT ROLE. AND SO IT'S IMPORTANT FOR THEM TO BE ABLE TO SELL THE PROPERTY WITH AN ORDER IN PLACE THAT ALLOWS A DEVELOPER TO COME IN AND DEMOLISH IT AND PUT FORTH AN APPROPRIATE SITE PLAN FOR REDEVELOPMENT FOR THIS PARTICULAR PIECE OF PROPERTY. AND AN ORDER TO DO SO. BECAUSE THAT'S GOING TO REQUIRE WHAT'S WHAT'S KNOWN AS, I GUESS, TRADITIONAL FUNDING. UM, IT'S GONNA NEED AT LEAST, AT LEAST WE'RE ASKING FOR 180 TO 240 DAYS TO DEMOLISH THE, THE PROPERTY. UM, SO WE CAN, AGAIN, GET A DEVELOPER IN PLACE BECAUSE THAT DEMOLITION COST IS GOING TO BE PART OF THE REDEVELOPMENT AND THE ULTIMATE BID PROCESS SO THAT FREDDIE MAC AND ONE, MINIMIZE ITS LOSSES ON THIS PROPERTY, BUT ALSO MAXIMIZE RECOVERY FOR BOTH THE SHAREHOLDERS AS WELL AS, UM, UM, MS. WADE'S UNIQUE CONCERN THAT'S BEING RAISED BY THE, UM, FEDERAL GOVERNMENT OVERSIGHT WITH, UH, FREDDIE MAC BEING WHO THEY ARE. AND SO, UM, OBVIOUSLY THE ORDER AS PROPOSED WILL SERVE, UM, EVEN WITH 180 OR A 240 DAY TIME WINDOW WITHIN WHICH TO DEMOLISH THE STRUCTURES ON THE PROPERTY IS GONNA SERVE AS A ENCUMBER ON TITLE. UM, SO WHOEVER DOES PURCHASE THE PROPERTY KNOWS THAT THEY'RE GOING TO HAVE TO DEMOLISH THE PROPERTY. UM, AND SO, UH, SO IT'S, THAT'S NOT GOING AWAY. AND IT'S ALWAYS GONNA BE A, I GUESS, A CARROT AND A STICK, SO TO SPEAK, IN TERMS OF REDEVELOPMENT. YOU'RE GONNA HAVE, UH, WE'RE GONNA HAVE THE TIME PERIOD TO GET SOMEONE IN IN PLACE THAT HAS THE WHEREWITHAL AND THE FINANCIAL BACKING TO COME IN AND REDEVELOP IT. BUT AT THE SAME TIME, THE CITY OF AUSTIN'S GONNA HAVE THE, UH, AN ORDER ON FILE THAT'S GONNA REQUIRE THE NEW OWNER TO COME IN AND REDEVELOP IT. AND AS PART AS OF THAT INCLUDE THE DEMOLITION. UM, AND LET ME JUST GO MAKE SURE I, I KIND OF JUMPED AROUND, UM, A LITTLE BIT. BUT, UM, YOU KNOW, I THINK THAT HAVING AS MUCH TIME AS POSSIBLE INCLUDED IN THE AMENDED ORDER AS, AS PROPOSED, UM, WILL GIVE US THE NECESSARY ONE WAY TO GET A DEVELOPER IN PLACE THAT CAN SECURE THE TRADITIONAL FUNDING THAT'S NEEDED AND ULTIMATELY DEMOLISH THE BUILDING OR THE STRUCTURES THAT ARE IN PLACE. 'CAUSE THAT'S, THAT'S WHAT OUR INTENT IS. UM, AND ALWAYS HAS BEEN, UM, ONCE WE FIGURED OUT THE COST TO REPAIR AND REMEDIATE, JUST SIMPLY, UM, WE'RE NOT THERE. UM, ONE, WE APOLOGIZE FOR THE, THE PRIOR OWNERS, UM, REPEAT OFFENDER, UM, UH, I GUESS IN THEIR PARTICIPATION IN THE ENROLLMENT, UM, WE TOOK OVER, THAT WAS OUR, OUR FIRST, UM, PLAINTIFF ATTACK WAS TO OBVIOUSLY ADDRESS THE CONCERNS THAT WERE RAISED BY THE CITY OF AUSTIN. UM, TO MY RIGHT HERE, I'VE GOT MS. COKER, LIKE I SAID, WITH MAYFAIR MANAGEMENT, WE'VE HAD TO EMPLOY HER. IT'S NOT NECESSARILY RECEIVERSHIP AS SOME WOULD SAY, UM, BUT SHE STEPPED IN AS THE PROPERTY MANAGER TO MAKE SURE THAT EVERYTHING IS GOING ACCORDING [01:45:01] TO PLAN HAS BEEN OUR POINT PERSON, ALONG WITH, UM, SOME BUSINESS PEOPLE, UM, WITH FREDDIE MACK TO COMMUNICATE WITH THE, THE CODE INSPECTORS FOR THE CITY OF AUSTIN. UM, ONLINE AND REMOTE, WE'VE GOT AN ANNIE ANO WHO IS WITH FREDDIE MAC, UM, AND, UH, FELICIA DAVENPORT'S WITH, UH, LEGAL, UM, FOR FREDDIE M AS WELL. UM, SO, YOU KNOW, WE TALK ABOUT THE, THE MOTIVATION TO MAKE SURE THAT THIS GOES FORWARD. UM, WE'RE EXPENDING AT LEAST ON ARMED SECURITY ALONE, $65,000 A MONTH. UM, AND SO OBVIOUSLY IT'S OUR, IN OUR BEST INTEREST TO HAVE A DEVELOPER IN PLACE TO COME IN AND REDEVELOP THE PROPERTY. AND AS PART OF THAT, INCLUDE DEMOLITION, BECAUSE WE DON'T WANT THIS TO DRAG OUT FOR LONGER THAN POSSIBLE. BUT OUR CONCERN IS THAT THAT ABILITY TO BRING IN A, A THIRD PARTY DEVELOPER TO, TO DO THIS IS GOING TO BE IMPEDED, UH, SIGNIFICANTLY WITH THE 90 DAYS. AND WE ASK FOR AT LEAST 180 TO SOMEWHERE THAT 180 TO 210, 240 DAY WINDOW WITH WHEN WITHIN WHICH TO DEMOLISH IT. ALL OTHER THINGS REMAINING, UM, AS WRITTEN IN THE PROPOSED AMENDED ORDER. UM, WITH THAT MR. ELLI? YES. WRAP IT UP HERE? YEAH, I, I'M GONNA CONCLUDE IF THERE'S ANY QUESTIONS FOR ME, MS. COKER, ANYONE THAT'S REMOTE. SURE. UM, THAT WOULD BE GREAT. MS. COKER, DO YOU HAVE ANY, ANYTHING TO ADD TO THAT OR, I THINK HE COVERED IT ALL. THANK YOU, CHAIR. I JUST WANNA JUMP BACK REAL QUICK AND BE SURE WE ADMIT THE EXHIBITS. YEAH, I'M GETTING THERE. OKAY. , UH, DID YOU, MR. UH, MR. MARNET MARTINELLI, DO YOU DO HAVE ANY QUESTIONS FOR STAFF ON THEIR PRESENTATION? NO. NO. I THINK WE, WE'VE BEEN A, I GUESS, UH, OKAY. I UNDERSTAND IT'S BEEN A COPACETIC RELATIONSHIP, AND SO WE KIND OF KNEW WE WERE COMING TODAY, SO NO QUESTIONS FOR THE THANK INSPECTORS. THANK YOU, STAFF. ANY QUESTIONS? THANK YOU FOR THAT. UH, WE'LL, UH, UNLESS THERE'S ANY OBJECTIONS, WE'LL ADMIT THE CITY'S EXHIBITS. IT'S EXHIBIT FOUR, FIVE A THROUGH FIVE J. HEARING NONE, THE EXHIBITS ARE ADMITTED. COMMISSIONERS QUESTIONS FOR STAFF OR OWNER'S REPRESENTATIVE, DO THE PEOPLE THAT CALLED IN WANT TO SAY ADD TO THIS? IS THERE ANYTHING TO, TO BE ADDED? THIS IS LIZABETH AVEN PART WITH GREG MAC. NOTHING TO ADD. THANK YOU. THANK YOU, MA'AM. COMMISSIONERS, DO YOU HAVE A QUESTION FOR THE PROPERTY? WHY WOULDN'T YOU GO AHEAD AND JUST DEMOLISH IT IF IT'S COSTING YOU THIS MUCH TO MAINTAIN SECURITY? AND ULTIMATELY THIS PROPERTY WILL BE DEMOLISHED. WHY DON'T YOU GO AHEAD AND JUST GET IT DEMOLISHED BECAUSE MY, IT'S $7,000 TIMES 562 ROOMS IS THE, THAT'S GONNA GO AGAINST YOUR SALE PRICE ANYWAY. THIS IS THE COST OF DOING BUSINESS. YOU'RE EITHER GONNA GET IT DISCOUNTED WHEN YOU SELL IT FOR WHATEVER THE DEMOLITION COST IS, OR YOU'LL GO AHEAD AND DO IT. WHY WOULDN'T YOU GO AHEAD AND JUST DEMOLISH IT YOURSELF IF THAT'S THE ULTIMATE PLAN? WELL, THE ULTIMATE PLAN IS TO HAVE A DEVELOPER COME IN AND CARRY THE COST FOR THE DEMO DEMOLITION. GOT IT. OKAY. SO THAT'S IT. WE DON'T WANT, I I, WE'VE ALREADY, THE ORIGINAL LOAN ON THIS WAS SOMEWHERE IN THE NEIGHBORHOOD OF, I BELIEVE IT WAS $60 MILLION. AND GIVEN THE, WHERE THE PROPERTY IS NOW IN VALUE, I THINK FREDDIE MAC, IN ORDER TO BE A GOOD STEWARD OF THE GOVERNMENT'S MONEY, DOESN'T WANT TO SPEND ANY MORE CHASING AFTER BAD. SO THAT'S WHERE THEY ARE RIGHT NOW. COMMISSIONERS, OTHER QUESTIONS, JUST TO CLARIFY, IF, IF THIS, IF WE CONTINUE THIS CASE, THE ORIGINAL ORDER WILL HOLD AND THE PENALTY WILL KEEP ACCRUING ON IT, WHAT, AND WITH THE ORIGINAL ORDER IN PLACE, YOU ARE STILL ABLE TO DO WHAT YOU NEED TO DO TO SELL THE PROPERTY? YEAH, THAT'S A GOOD QUESTION. I THINK WITH THE ORIGINAL ORDER IN PLACE, WE'VE GOT FINES THAT ARE GOING TO CONTINUE TO ACCRUE AT A THOUSAND DOLLARS A WEEK. AND SO I THINK FOR THE TERM OF THE PURPOSE OF THE AMENDED ORDER WAS TO STOP THE BLEEDING FROM THE FINE PERSPECTIVE, UM, THOSE I UNDERSTAND ARE STILL GOING TO BE PAID. UM, AND SO THE AMENDED ORDER WAS JUST REALLY FOR THE DEMOLITION ASPECT OF IT. NOW, UH, MY QUESTION FOR MS. HERRERA, SO THE 90 DAY CAP ISSUE, SINCE THEY'RE ASKING TO EXCEED THAT, AND THEN THE CRITERIA THAT GOES ALONG WITH THAT, UH, [01:50:01] SEEM TO, WOULD SEEM TO BE INSURMOUNTABLE TO, TO, TO MEET THOSE STANDARDS. HOW WOULD WE GET TO, UH, THAT'S CORRECT, CHAIR UNDER STATE LAW, BUT ALSO UNDER YOUR RULES AND REGULATIONS? THERE WOULD BE SOME ADDITIONAL DOCUMENTATION, UM, THAT THE OWNER WOULD NEED TO PROVIDE TONIGHT, OR AT LEAST AT THE TIME OF THE HEARING, OR AT THE TIME THAT YOU ALL ARE CONSIDERING. UM, AND SO IF THAT DOCUMENTATION HAS NOT BEEN PROVIDED AND I DON'T SEE ANYTHING IN BACKUP, OKAY, I DON'T SEE IT, UH, THEN UNFORTUNATELY YOU'RE NOT ABLE TO CONSIDER GRANTING MORE THAN 90 DAYS. OKAY. THAT'S WHAT I THOUGHT. THANK YOU. UM, I GUESS FOR THE RECORD, WE CONTINUE THE HEARING FOR THAT DOCUMENTATION TO BE PROVIDED AT A LATER DATE. UNFORTUNATELY NOT. YEAH, I, I HAD A, A FOLLOW UP ON THAT. UM, ARE WE, HOLD ON ARRANGEMENT, COMMISSIONER RIVERA. JUST CLARIFYING. UM, AFTER THE 90 DAYS, THERE ARE NO NEW FINES THAT ARE ASSESSED BECAUSE THIS IS A DEMOLITION ORDER AND THERE WILL NO NOT BE ANY ADDITIONAL, UM, LIENS PLACED ON THE PROPERTY UNTIL THE CITY ACTUALLY DOES DEMOLISH IT AND OCCUR EXPENSES. THAT'S CORRECT. MM-HMM . ALTHOUGH I DON'T SEE US DEMOLISHING THIS EITHER, WE HAVE TO BE GOOD STEWARDS OF TAXPAYER MONEY, , UM, AND WE WANT THE OWNERS TO DO IT, SO THANK YOU. YEP. COMMISSIONER TOM MOVI. UM, SO WE DON'T HAVE THE STATUTORY AUTHORITY TO GO BEYOND THE 90 DAYS. UM, I WANTED TO ASK SONIA HERE, LEGAL, ARE WE ALLOWED TO START THE 90 DAY CLOCK UPON THE AUCTION, THE SUCCESSFUL AUCTION OF THE PROPERTY? SO THE WHOEVER IS GONNA BE THE NEW OWNER, THAT'S WHEN THE CLOCK STARTS? OR ARE WE RESTRICTED TO STARTING THE CLOCK THE DATE OF THE ORDER? THANK YOU. THAT'S A GOOD QUESTION, COMMISSIONER. LET ME JUST QUICKLY VERIFY AND MAKE SURE BEFORE I GIVE A RESPONSE. OKAY. IT WOULD SEEM LIKE THE FINES, THE ORIGINAL ORDER, WOULD NEED TO STAY IN PLACE DURING THAT INTERIM. AND SO THOSE FINES WOULD CONTINUE TO, TO RUN. WELL, WE COULD, MY THOUGHT WAS WE COULD AMEND THE, WE COULD CHANGE THE RECOMMENDED AMENDED ORDER, UM, WHICH WOULD THIS, LET'S CALL IT THE STOP LEADING ORDER TO, UH, THE 90 DAYS. ALTHOUGH I THINK, UH, COMMISSIONER BARR'S POINT IS WELL TAKEN, WHICH IS LIKE 90 DAYS HAPPENS, PROBABLY NOTHING'S GONNA HAPPEN, RIGHT? 90 DAYS OCCURS, NOTHING'S GONNA HAPPEN. I UNDERSTAND. MAYBE YOU CAN'T, WE CAN'T PROMISE THAT. BUT I THINK, I THINK IT, WHAT WAS IT, 562 TIMES 7,000. I MEAN, GOD, THAT'S LIKE, I CAN'T EVEN DO THE MATH OFF THE TOP OF MY HEAD. THAT'S LIKE $3 MILLION. YEAH. THREE, $4 MILLION. I DON'T REALLY SEE THE CITY EVER TAKING THAT ON. SO THE, THE RISK THAT IT WOULD ACTUALLY BE DEMOLISHED IS BASICALLY ZERO. UM, YEAH. AND, AND THE FINES WOULD ALSO STOP. SO I'M, I'M, IF WE CAN'T, YOU KNOW, WE, IF WE CAN'T MAYBE MASSAGE IT A LITTLE BIT TO HELP YOUR FUTURE BUYER FEEL IT A LITTLE BIT BETTER ABOUT IT, UM, I'M STILL OKAY WITH THIS ORDER, THE STOP LEAD ORDER. DOES THAT MAKE SENSE, MR. MARTINELLI? IT SURE DOES. THANK YOU. I THINK YOU'RE GONNA GET THERE, BUT WE'RE CAPPED. SO, AND THE CHAIR, I MAY RESPOND. LIKEWISE. MR. ? YES. SO COMMISSIONER TOM LOVICH. SO LOOKING AT HOW THE CHAP CHAPTER TWO 14 READS THE TRIGGER IS REALLY WHEN THIS ORDER, WHEN THIS ORDER TAKES EFFECT IS WHEN YOU ALL ACTUALLY ORDER IT, RIGHT? SO WHEN YOU, WHEN YOU ASSIGN THE ORDER. SO UNFORTUNATELY, IT DOESN'T LOOK LIKE THERE'S A WAY TO POSTPONE WHEN THAT TIMEFRAME STARTS, BECAUSE IT STARTS ONCE THE, AND TECHNICALLY I THINK WE GIVE A LITTLE BIT OF LEEWAY AS IT IS BECAUSE WE, WE CONSIDER IT EFFECTIVE AS OF THE DATE IT'S MAILED OUT. UM, JUST BECAUSE IT TAKES US SOME TIME AND WE DON'T WANT TO HOLD THAT AGAINST THE OWNER. BUT THAT'S, IT SEEMS THAT'S THE EXTENT OF, I GUESS THE ALLOWABLE DELAY, SO TO SPEAK, THAT IT CAN TAKE EFFECT. NOW, THERE IS A TIMEFRAME OF COURSE, FOR APPEAL, SO HYPOTHETICALLY THERE COULD BE AN EXTENSION IN THAT SENSE. UM, BUT REALLY IT'S THE 90 DAYS, 90 DAYS WOULD START FROM THE DATE IT'S MAILED. AND THEN THAT IS REALLY THE TIMEFRAME IN WHICH THEY WOULD HAVE TO COMPLY WITH THE DEMOLITION PIECE. AND NOW HYPOTHETICALLY BE LACKING THE DOCUMENTATION FOR US TO GO PAST THE 90 DAYS TODAY. IF THEY APPEALED, THEY COULD BRING, THE OWNER COULD BRING THAT DOCUMENTATION AND, AND ASK US FOR MORE TIME AT THAT TIME AS WELL, IF THEY FELT. SO THAT'S NOT REALLY THE PURPOSE OF THE APPEAL. GOTCHA. YEAH. IT'S REALLY TO CHALLENGE THE ORDER. OKAY. RIGHT. GOTCHA. OKAY. THANK YOU. AND, AND REALISTICALLY, IF I COULD, REALISTICALLY, IF THE CITY'S NOT POSITIONED TO DO THIS DEMOLITION DEMOTION, THIS IS KIND OF A WEAK POSITION WE'RE TAKING. YEAH. [01:55:01] IF WE AGREE TO THIS ORDER AS IT ENDED, YEAH. GIVE THEM 90 DAYS. YEAH. OR WE'LL STEP IN AND DO IT FOR 'EM, BUT WE'RE NOT GONNA DO IT. YEAH. SO WHAT'S THE POINT? I MEAN, THERE'S ALWAYS CIRCUMSTANCES WHERE WE MIGHT HAVE TO DO IT. LIKE IF FIRES OCCUR, THERE'S ALREADY BEEN A FIRE. WELL, I MEAN, YOU KNOW, IF IT'S, IT COULD BE ANOTHER ONE EMERGENCY TYPE STUFF. YEAH. IMMINENT DANGER TYPE STUFF. WE MIGHT HAVE TO DO IT, EVEN THOUGH, YEAH, I'M JUST SAYING IT COULD HAPPEN, BUT I DON'T KNOW THAT 90 DAYS OR 240 DAYS OR ANY OF THAT. I MEAN, YOU KNOW, IT'S NOT, I DON'T THINK IT WOULD. I'M CURIOUS, YOU SAID THE BIDDER DIDN'T LIKE A DEMOLITION ORDER? I DIDN'T, YEAH. THE PRIOR, THE PRIOR BIDDER THAT WE HAD FELL THROUGH, BECAUSE I DON'T THINK HE COULD HAVE COMPLIED WITH THE ORDER THAT WAS ON, ON FILE. BUT I DON'T THINK THE ORDER WAS FOR DEMOLITION, THE 25 ORDER HAD ALL IT WAS, OR THE, THE ONE I, I DON'T WANNA MISSPEAK. OKAY. UM, I JUST KNOW IT, IT FELL THROUGH, IT WASN'T A DEVELOPER, IT WAS A, A, A, A INDIVIDUAL THAT, THAT HAD SOME MONEY TO SPEND AND HE WAS NOT IN A POSITION TO ONE, I THINK ADDRESS ALL OF THE CONCERNS THAT WERE RAISED BY THE CITY. AND SO I THINK WITH THAT, THAT BUYER, I THINK THE BALL WOULDN'T HAVE BEEN ADVANCED AT ALL. WELL, JUST, JUST SO YOU KNOW, I MEAN, WHETHER WE GET A KEEP THE REPAIR ORDER OR GET A DEMOLITION ORDER, ANY OF 'EM SATISFIES BOTH. SO EVEN IF WE GET A DEMOLITION ORDER, SOMEONE WANTS THEM TO COME IN AND REPAIR IT, IT WOULD STILL SATISFY THE DEMOLITION ORDER. I, I'M NOT SAYING WE WANT THAT, BUT I'M JUST SAYING THAT'S A POSSIBILITY TOO. UNDERSTOOD. GO AHEAD. THIS IS FELICIA DAVENPORT. IF I COULD ADD JUST A LITTLE BIT OF CLARITY THERE ON THE CHALLENGES WITH THE AUCTION AND THE PERSPECTIVE THAT WE RECEIVED FROM THE POTENTIAL BUYERS, AND AS NOTED, WE ONLY, WE ONLY HAD ONE BIDDER ULTIMATELY, UM, WITH THE EXISTING ORDER IN PLACE, MANY OF THE POTENTIAL BUYERS WERE CONCERNED THAT THEY DIDN'T HAVE CERTAINTY OR CLARITY AS TO WHETHER THEY WOULD BE ABLE TO DEMOLISH AND REDEVELOP. AND SO THAT IS ONE THING THAT THIS CHANGE ORDER WILL HELP TO ADDRESS. UM, BUT ADDITIONALLY, AND THIS IS PART OF WHERE THE 90 DAY PERIOD, AND I UNDERSTAND ALL OF THE LIMITATIONS SURROUNDING THAT, BUT THE TIME PERIOD POTENTIALLY IMPACTS INTERESTED BUYER ABILITY TO FINANCE THE PURCHASE AND IF THEY CAN OBTAIN FINANCING OR OTHER CAPITAL INVESTMENT BECAUSE THEY CAN'T SHOW THEIR LENDER WITH CERTAINTY THAT THEY'RE WITHIN THE CITY'S ORDER. IT SEVERELY LIMITS THE AMOUNT OF MONEY AVAILABLE TO ACQUIRE THE PROPERTY, BUT ALSO TO DEVELOP THE PROPERTY, WHICH ULTIMATELY WE WOULD LIKE TO SEE SOMEONE WHO CAN COME IN AND INVEST MONEY IN A WAY THAT PROVIDES THE CITY OF AUSTIN WITH THE REDEVELOPMENT ON THAT PROPERTY THAT IS REALLY NEEDED. SO WE'D LIKE TO SEE THAT OPPORTUNITY MAXIMIZED, BUT THAT CAN'T HAPPEN IF PROSPECTIVE BUYERS AREN'T ABLE TO GET BANK FINANCING AND CAPITAL INVESTORS. AND SO THAT'S REALLY WHERE THE CONSTRAINTS HAVE BEEN FOR US. THANK YOU MA'AM. COMMISSIONER. THANK YOU. ANY OTHER QUESTIONS? IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? I'M SORRY, COMMISSIONER TOM LOVICH? NO. DID YOU HAVE A QUESTION? NO. OKAY. I MOVE TO CLOSE THE PUBLIC HEARING. ALRIGHT. IT'S A MOTION BY COMMISSIONER MUSGROVE TO COM CLOSE THE PUBLIC HEARING. SECOND. SECOND BY COMMISSIONER GARZA. UH, TAKE A VOICE. VOTE. ALL IN FAVOR SAY AYE. AYE. OPPOSED? NAY. WE'LL CLOSE THE PUBLIC HEARING. THERE MAY BE SOME ADDITIONAL QUESTIONS, SO PLEASE KEEP YOUR CHAIR. COMMISSIONERS. IS THERE A MOTION I MOVE TO ADOPT STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSION OF STAFF OF LAW AND STAFF'S RECOMMENDED ORDER IN ITS ENTIRETY? SECOND. SECOND BY COMMISSIONER RIVERA IN MOTION, BY COMMISSIONER NE. ANY ADDITIONAL DISCUSSION OR QUESTIONS? UH, IF, IF I COULD COMMISSIONER TOM LOVICH. I'M SORRY, COMMISSIONER MUSGROVE. WELL, I GOT YOU ON THE MIND. WE'RE JUST, WE'RE JUST MAKING EYE CONTACT. YEAH. , I, AGAIN, UH, THE, THE ORDER AMENDED ORDER AS WRITTEN HAS NO MEAT BECAUSE WE WON'T, WE WILL NOT [02:00:01] AS THE CITY FALL BEHIND AND DO THIS DEMOLITION. SO I DON'T UNDERSTAND THE POINT. I'M SORRY. YEAH. SPEAKING TO THE MICROPHONE. YEAH, WE CAN'T HEAR YOU. UH, THE ORDER AS IT'S AMENDED ORDER AS WRITTEN DOESN'T REALLY HAVE ANY MEAT TO IT BECAUSE IT, IT SAYS THAT WE'LL GO AND DO THE DEMOLITION WORK AS THE CITY AFTER 90 DAYS, BUT WE'RE NOT GONNA DO IT. RIGHT. SO WHAT'S THE POINT OF THE ORDER? I THINK THE, THE POINT IS A MUTUAL, WE'RE TRYING TO WORK DO THE SAME THING, RIGHT? WE'RE, WE'RE TRYING TO MAKE IT MORE ATTRACTIVE FOR BUYERS, BUT WE ALSO WANT TO SET A MESSAGE THAT WE HOPE THAT IT'LL BE DEMOLISHED AND THAT IT REMAINS VACANT UNTIL IT IS, IS IS KINDA IF IT SITS THERE FOR THE NEXT YEAR, RIGHT. WHAT HAPPENS THEN? WELL, I MEAN, THEY COULDN'T FIND A BUYER FOR A YEAR. RIGHT? SO WE'RE STUCK WITH A PROPERTY, RIGHT? BUT IT STILL HAS AN ORDER SAYING, HEY, YOU CANNOT PUT PEOPLE IN THIS PLACE. SURE. WE DON'T WANT SOMEONE BUYING IT FROM 'EM AND THEN STARTING TO PUT PEOPLE IN, IN THIS, IN THIS. SO IT'S, IT'S JUST THIS GHOST TOWN THAT NEEDS TO BE DEMOLISHED AND WE HAVE NO ABILITY TO DO IT AND HAVE NO MEANS TO FORCE THEM TO DO IT. 'CAUSE THERE'S NOTHING BEHIND IT REALLY BACKING IT UP. RIGHT. AS OPPOSED TO IN PREVIOUS ORDERS, WE'VE HAD A, A BIG REPAIR ORDER, SO THE PROPERTY OWNER HAS INCENTIVE TO DO SOMETHING ABOUT IT AND ONE OF HIS OPTIONS IS TO GO AND DEMOLISH THE PROPERTY AND THAT STOPS IT. IF WE TAKE AWAY THE REPAIR ORDER AND CHANGE IT TO A DEMOLITION ORDER, THEY HAVE NO INCENTIVE TO HURRY THIS ALONG. THEY CAN TAKE AS LONG AS THEY WANT. 'CAUSE THEY KNOW WE'RE NOT GONNA COME IN AND DEMOLISH IT. EXCEPT, I MEAN, THEY'LL ACCEPT THAT THEY'RE BLEEDING 60 PLUS A MONTH AND ALL WE HAVE THE CARRYING COSTS, TAXES, EVERYTHING ELSE, ALL THE MORE REASON YOU SHOULD WANT TO GO TEAR IT DOWN YOURSELVES. I WOULD SAY THAT THIS, THIS ORDER DOESN'T PRECLUDE THEM FROM DOING THAT. IF IT GETS TO THAT POINT. I, I DO I TAKE YOUR POINT. BUT I WOULD ALSO OFFER THAT THE PROPERTY IS IN SUCH A GOOD LOCATION, I THINK. I THINK, UM, SO FAR THEY'VE HAD TROUBLE FINDING BUYERS. I THINK THIS IS A SMALL PART OF THAT. MAYBE THIS THIS RECOMMENDED ORDER FROM, FROM STAFF. I, I SHARE YOUR CONCERN. 'CAUSE IT IS A, I USED TO DRIVE BY THIS PROPERTY EVERY DAY WHEN I USED TO LIVE OVER THERE ON RIVERSIDE. YEAH. MY, MY MY CONCERN ABOUT THEIR, THEIR PROCESS MM-HMM . IS THAT THEY HAD A GRAND TOTAL OF ONE OFFER RIGHTS. THAT'S WHAT I UNDERSTOOD. YOU HAD ONE IN 17 BIDDERS, ONE OFFER, ONE INTERESTED, ONE OFFER, AND THEY WERE NERVOUS ABOUT THIS ORDER THAT WAS IN PLACE. WELL, THAT'S NOT A LEGITIMATE BUYER. IT WAS THE YEAH. THE PRIOR ORDER FOR THE REPAIR. RIGHT. BECAUSE THEY DIDN'T TAKE THE TIME TO READ THE ORDER AND DO THEIR RESEARCH. I, I CAN'T SPEAK FOR THEM SIR. SURE, I UNDERSTAND. BUT THEY'VE ONLY HAD ONE, ONE INTERESTED PARTY SO FAR MM-HMM . AND THE, THE PLACE IS A MESS. AND THERE'S THEIR, THEIR BEST, ALTHOUGH I UNDERSTAND THEY DON'T WANT TO SPEND THE MONEY ON IT. THEY BEST POSITION WOULD BE TO GO DEMOLISH THE THING AND HAVE A NICE CLEAN SLATE. THEN YOU'D PROBABLY HAVE A LOT MORE INTERESTED BUYERS. WE'VE NOT CREATED A, A SITUATION HERE THAT WOULD ENCOURAGE THEM TO GO GET THAT DONE. WE'RE GIVING THEM AS MUCH TIME AS THEY WANT TO MAKE IT EASIER. AND I UNDERSTAND. WELL, I ALSO THINK I'LL LEAVE IT AT THAT. AND I, I UNDERSTAND YOUR POINT THAT IN ADDITION TO THAT 60 PLUS, THEY ALSO ARE SITTING ON 20 ACRES OF PROPERTY TAXES AND THOSE DON'T PAID THAT HAVEN'T BEEN ADDRESSED. TRAVIS COUNTY WILL STEP IN AND SO THAT BALL WILL START PICKING UP AGAIN. RIGHT. BECAUSE ULTIMATELY, AND IT'S IN THE REALLY THEIR BEST INTEREST TO MOVE THIS ALONG, NOT HAVE THAT OCCUR. I I WOULD ALSO ADD, I THINK TO YOUR, UH, COMMISSIONER MU GROVE, YOU'RE, YOU'RE COMPLETE, RIGHT? WE SHOULD BE OFFERING INCENTIVES AND MAKING SURE THAT OUR, THESE PROPERTY OWNERS ARE, ARE DOING DUE DILIGENCE. I WILL SAY THE ORIGINAL REPAIR ORDER, AGAIN, COMPARED TO THE $60 MILLION LOAN, IS STILL, I, I WOULD CONSIDER THAT MUCH INCENTIVE AT THE SCALE THAT WE'RE TALKING ABOUT. SO I THINK THE, FOR NOW I THINK THE RE THE AMENDED RECOMMENDED ORDER, I THINK DOES MAKE A LOT OF SENSE. EVEN IF IT IS REMOVING ONE SMALL INCENTIVE, THERE'S STILL, YOU KNOW, THAT'S LIKE A FEW RAIN DROPS OUT OF THE STORM AS FAR AS I CAN SEE FROM, FROM THE OVERALL. BUT I, YOUR, YOUR POINT IS EXTREMELY WELL TAKEN. YEAH. ANY OTHER DISCUSSION? I'D LIKE TO SAY SOMETHING, COMMISSIONER GARZA, I TEND TO AGREE WITH YOU, UM, COMMISSIONER IN THAT A THOUSAND DOLLARS A WEEK IS, YOU KNOW, NOTHING IN THE GRAND SCHEME OF THINGS AND IT WOULD BENEFIT SOMEONE TO DEMOLISH THIS AND IT'S NOT GONNA BE US. SO IF THE CITY IS GOING TO, UM, RECEIVE ANYTHING FROM THIS, I THINK CONTINUING TO ACCRUE THE, UH, PENALTIES UNTIL SOMETHING IS DONE IS [02:05:01] GOING TO BENEFIT THE CITY. AND I THINK IT GIVES YOU AN INCENTIVE TO SELL. AND IF WE CAN LET ANY BUYER THAT'S INTERESTED KNOW THAT THEY HAVE OPTIONS AS FAR AS UM, WHAT THEY CAN, UM, ACHIEVE. UM, I THINK I'M, I'M IN AGREEANCE THAT CONTINUING ACCRUING IS BEST INTEREST. WELL, THE, THE CITY NOT DOING THAT WAS BECAUSE THEY WERE BEING SUCH GOOD STEWARDS OF THE PROPERTY. I UNDERSTAND. AND I DON'T THINK A THOUSAND DOLLARS A WEEK IS, IS REALLY GOING TO SAVE YOU GUYS ANYTHING. YOU KNOW, I THINK THAT'S JUST A WAY FOR US TO, TO TAKE IN WHAT IT, WHAT WOULD BENEFIT US. I DON'T THINK, YOU KNOW, 65,000 A MONTH IN SECURITY, AN EXTRA THOUSAND DOLLARS A WEEK FOR, UM, AN INCENTIVE TO THE CITY TO, TO SELL THIS IS, YOU KNOW, WHAT WE CAN DO. IF ANYTHING, I WOULD WANT TO INCREASE THAT. I THINK YOU'RE PENALIZING US FOR THE PRIOR OWNER'S BEHAVIOR. WE BOUGHT THIS OUT OF FORECLOSURE UNBEKNOWNST WITH ALL THESE CODE CONDITIONS AND SO WE STEPPED IN IMMEDIATELY AND BEGAN TO RIGHT THE SHIP. AND SO I THINK YOU'RE LOOKING RETROACTIVELY AND PUNISHING US FOR ANOTHER BAD ACTOR'S ACTS. YEAH. IF THAT WERE TO INCREASE, I APOLOGIZE THEN. AND SO, BUT IT SERVES, BUT ANY FINE THAT'S IN PLACE, WHETHER IT BE 1000 A WEEK, 2000 A WEEK OR 3000 A WEEK IS GOING TO SERVE AS A DETERRENT FOR ANY FUTURE BUYER KNOWING THAT THIS IS OUT THERE. SO I THINK THAT'S WHAT THE OTHER COMMISSIONER TALKED ABOUT, WAS LIMITING THE EXPOSURE FOR POTENTIAL BUYERS TO COME IN AND REDEVELOP THE PROPERTY BY STOPPING THE BLEEDING ON THE FINES THAT WERE PREVIOUSLY INCURRED BEFORE WE IN TO OVER THE PROPERTY. THE PREVIOUS ORDER WAS PUBLIC, SO I'M NOT SURE HOW IT WAS YOU WERE NOT AWARE AT THE TIME YOU PURCHASED. WHEN WAS THE, WHEN WAS THE ORDER? WE DIDN'T PURCHASE IT. WE FORECLOSED THE ORDER WAS ENTERED WHEN? DECEMBER. WE FORECLOSED JANUARY 3RD. SO WE'RE TALKING ABOUT WHAT A TWO DAY AND THE, AND WE WENT, I'M NOT SURE WE EVEN AS LENDERS GOT NOTICE OF THE PRIOR OWNER OF THE PRIOR ORDER BECAUSE WE WERE NOT THE, THE OWNER, THE PRIOR OWNER WAS MIA RIVERSIDE. AND SO I'M SURE YOU GUYS WERE OR THE, UM, WERE SENDING NOTICES HAD A HEARING FOR THEM. I DON'T KNOW IF THEY APPEARED WE DIDN'T PARTICIPATE. UM, BUT I DO KNOW THAT THE NON-MONETARY DEFAULTS WITH REGARD TO THE PROPERTY WAS ONE OF THE REASONS WHY WE FORECLOSED ON IT. SO, UM, SO WE DID NOT KNOW TO THE EXTENT OF THE CODE VIOLATIONS. WE KNOW THAT THERE WERE SOME PROPERTY CONDITIONS THAT THEY WERE SUPPOSED TO CORRECT WHEN THEY TOOK OUT THE INITIAL LOAN. THEY DIDN'T DO THAT. UM, THEY FAILED TO DO IT AND THAT'S WHY WE POSTED THE PROPERTY FOR FORECLOSURE. ACTUALLY WE TRIED TO START THE PROCESS BACK IN OCTOBER AND NOVEMBER OF THE YEAR BEFORE. OKAY. MR. MR. MORTON ALLEY, I NEED TO JUMP IN HERE. I BELIEVE THE PUBLIC HEARING WAS CLOSED. YES. OKAY. HE WAS ANSWERING A QUESTION. YEP. THAT'S WHERE I'M GETTING BACK. ALRIGHT, WE HAVE A MOTION ON THE FLOOR AND THERE'S BEEN SOME DISCUSSION. THERE'S BEEN NO OTHER ACTION. IS THERE ANY OTHER DISCUSSION ON THE MOTION THAT'S ON THE FLOOR HEARING? THEN WE'LL GO TO THE MOTION ON THE FLOOR. UH, COMMISSIONER NA AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA. NAY. COMMISSIONER MARTINEZ AYE. COMMISSIONER RIVERA? AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE NAY AND CHAIR TI MOTION TO PASSES. THANK YOU ALL. THANK YOU FOR THE TIME. APPRECIATE IT. GOOD LUCK. LIKEWISE, MS. COKER. THAT'S PRETTY HIGH PRAISE COMING FROM MR. WORD. CONGRATULATIONS. THANK YOU, FISHER. WE'LL MOVE [7. Case Number: CL 2023-103040 ] ON TO ITEM SEVEN. OKAY. ITEM NUMBER SEVEN C 2023. 1 0 3 0 4 IS A RETURNING CASE REGARDING A COMMERCIAL ROOMING AND BOARDING HOUSE LOCATED AT 4 6 0 6 CONNOLLY STREET, ALSO KNOWN AS ZOEY'S SAFE PLACE. THE BUILDING AND STANDARDS COMMISSION ISSUED AN ORDER FOR REPAIR FOR THIS PROPERTY AT ITS SEPTEMBER 27TH, 2023 MEETING. THE PROPERTY OWNER HAS ACHIEVED COMPLIANCE WITH THE ORDER AND NOW WISHES TO ADDRESS THE COMMISSION REGARDING RELIEF FOR THE ACCRUED PENALTIES PREVIOUS, PREVIOUSLY ADMITTED EXHIBITS AND NEW EXHIBITS CAN BE FOUND IN THE TOPE COLORED BOOKS IN YOUR READERS IN GOOGLE DRIVE FOLDER. HERE ARE SOME FACTS ABOUT THIS CASE. THIS CASE WAS FIRST REPORTED TO THE CITY OF AUSTIN IN MARCH, 2022 AS A COMPLAINT REGARDING PLUMBING, MECHANICAL, AND STRUCTURAL ISSUES. AN ORDER WAS ISSUED IN THE CASE FOR REPAIR WITHIN 30 DAYS WITH A CIVIL PENALTY OF $1,000 PER WEEK BEGINNING ON THE 31ST DAY [02:10:01] IF COMPLIANCE WAS NOT ACHIEVED. THE TO TOTAL CIVIL PENALTY AS OF TODAY'S DATE IS $134,167 AND 12 CENTS, WHICH INCLUDES INTEREST ACCRUED FROM THE DATE OF COMPLIANCE THROUGH THE DATE OF TODAY'S MEETING IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING PREVIOUSLY ADMITTED EXHIBITS THREE AND FOUR A THROUGH FOUR V EXHIBIT FIVE, WHICH CONSISTS OF AN UPDATED COMPLAINING CASE HISTORY. A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND REQUIRED POSTINGS. THE RECORDED BSC ORDER TRV 2 0 2 3 1 0 3 0 4 0 ISSUED SEPTEMBER 27TH, 2023, AND CO AND TO CORRESPONDING PENALTY STATEMENT EXHIBIT SIX SIX, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS AND THE CITY'S RECOMMENDATION CODE INVESTIGATOR JOHN HALE IS HERE TONIGHT TO DISCUSS THE CORRECTED VIOLATIONS AND TIMELINE FOR COMPLIANCE AND CODE. INVESTIGATOR HALE, PLEASE BEGIN YOUR TESTIMONY. UH, GOOD EVENING, UH, COMMISSIONERS. UH, MY NAME IS, UH, JOHN HILL. I'M AN INVESTIGATOR WITH THE CO COMPLIANCE DIVISION OF BOSTON DEVELOPMENT SERVICES. UH, AS MELANIE MENTIONED, THE PROPERTY WE ARE DISCUSSING TONIGHT IS, UH, 46 0 6 CONLEY STREET. IT'S A, UH, COMMERCIAL BOARDING HOUSE THAT HAS 17 ROOMS AND USUALLY HOUSES UP TO 40 RESIDENTS. UH, GONNA JUST PROVIDE YOU A BRIEF TIMELINE OF, UH, THE ACTIONS THAT WERE TAKEN BY THE OWNER AND, UH, UH, SINCE THE ORDER. SO STARTING IN OCTOBER THROUGH NOVEMBER, UH, THE FIRST REPAIRS WERE THE, UH, HVAC SYSTEM, UH, COUNTERTOPS AND SOME OF THE EXPOSED WIRING RECOVERED THE, UH, LIGHTS THAT WERE TAKEN OFF. THEY, UH, PUT PLATES ON. UH, AND THEN MOVING TO JANUARY, 2024, UH, THE ORIGINAL PLUMBING LEAK THAT WAS INCLUDED IN THE ORDER, UH, WAS REPAIRED. UH, THEY STILL HAD SEVERAL OUTSTANDING VIOLATIONS. SO AT THE END OF JANUARY, 2024, WE ACTUALLY FILED CHARGES IN MUNICIPAL COURT FOR FAILURE TO COMPLY WITH THE BSC ORDER. UH, JUMPING TO, UH, FEBRUARY, 2024, THEY HAD A KITCHEN FIRE, WHICH TOOK APPROXIMATELY ABOUT 30 DAYS TO, UH, REPAIR. UH, WE REALLY HAD, DIDN'T SEE TOO MUCH ACTIVITY UNTIL JUNE OF 2024. AGAIN, THEY REPAIRED, UH, SOME OF THE HOLES IN THE WALLS AND REPAIRED THE FRONT FENCE, UH, LITTLE, THE NO ACTIVITY UNTIL, UH, SEPTEMBER, 2024. AND, UH, THERE WERE MORE HOLES, UH, IN THE WALL THAT WERE REPAIRED. UH, YOU'LL SEE SOME OF THESE, UH, REPAIRS HAVE BEEN REPEATED BECAUSE THEY'RE ACTUALLY LIKE IN DIFFERENT SECTIONS 'CAUSE THE RESIDENTS PUNCH A LOT OF HOLES IN THE WALL. SO, UH, AND THEN, UH, IN OCTOBER, 2024, UH, THEY REPAIRED THE BATHROOM STALLS, UH, REPLACED THE SMOKE DETECTORS, REPLACED OR REPAIRED THE, UH, SMOKE DETECTORS. AND, UH, COMPLETED COVERING ALL THE, UH, EXPOSED, UH, WIRING WHERE, UH, LIGHTING FIXTURES HAD BEEN RIPPED OFF THE WALL. UH, IN DECEMBER, 2024, UH, WE DID A FOLLOW-UP INSPECTION AND SOME SMOKE DETECTORS WERE REMOVED. UH, AND MORE, UH, HOLES IN THE WALL WERE FOUND. UH, TWO WEEKS LATER, WE, WE WENT BACK AND THOSE WERE ALSO CORRECTED. UH, AND THEN MOVING TO 2025, UH, THE FIRST, UH, REPAIRS THAT WE'VE, UH, NOTICED IN, UH, THAT YEAR WAS THE EXIT DOORS ON THE NORTH AND SOUTH, UH, SIDE OF THE PROPERTY. UH, THEY WERE REPAIRED AT THAT TIME. UH, AND THEN IN JUNE, 2025, THEY, UH, DID THEIR FIRST, UH, COMPLETE, UH, BED BUG TREATMENT. UM, AND THEN, UH, FAST FORWARD TO, UH, JANUARY, UH, 2026, WE, UH, MET WITH THE OWNER OF THE PROPERTY. 'CAUSE WE, WE TRIED TO EXPLAIN TO 'EM THAT EVERY TIME WE DID A FOLLOW-UP INSPECTION, MORE VIOLATIONS WOULD SHOW UP OR THEY WOULD KIND OF MOVE. SO IT WAS DIFFICULT TO ACTUALLY CLOSE THE ORDER. SO WE ACTUALLY SET UP A MEETING. WE WENT, YOU KNOW, DOWN THE LIST. AND, UH, ONCE WE DID THAT IN JANUARY, THAT'S WHEN A LOT OF THE REPAIRS STARTED TO KIND OF SPEED UP. UH, SO, UH, WE DID THAT AT THE BEGINNING OF FEBRUARY. UH, WALKED TO THE PROPERTY, WE WENT EVERY SQUARE INCH. UH, AND THEN, UH, FROM THAT TIME TO, UH, MAY 1ST WHEN THEY COMPLIED WITH THE ORDER, THAT'S WHEN THEY, UH, REPLACED THE SMOKE DETECTORS AGAIN, RERE REPAIRED THE, UH, EXIT DOORS, UH, DID ANOTHER, UH, BEDBUG TREATMENT AND, UH, REPAIRED ALL THE HOLES. AND, UH, THAT CONCLUDES, UH, THE TIMELINE, I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE, I'M SURE. OH, YEAH. AND THESE ARE JUST A COUPLE PHOTOS. UH, LIKE I SAID, WE WENT THERE KIND OF REPEATEDLY IN SOME OF THE, THE VIOLATIONS THEY WERE TAKEN CARE OF, BUT NOT COMPLETELY [02:15:01] AND THEN EXPANDED UPON. UH, SO, UH, A LOT OF THE RESIDENTS, UH, WHAT THEY DO IS THEY TAKE DOWN THE SMOKE DETECTORS SO THEY CAN SMOKE INDOORS, VARIOUS THINGS. AND THAT WAS THE CONDITION OF THE, THE SHOWER, UH, BEFORE HE, UH, REPLACED THE SHOWER, PAM. AND THEN THESE ARE THE EXIT DOORS THAT WERE IN QUESTION. UH, IT'S MY UNDERSTANDING THAT A LOT OF FOLKS, THEY GET KIND OF A LITTLE RILED UP AND THEY KICK 'EM OPEN ALL THE TIME. THAT'S WHY THE, THE LATCHES BREAK, UH, QUITE OFTEN. AND THAT'S AN EXAMPLE OF THE LIGHT FIXTURES THAT HAVE BEEN ROUTINELY TORN, UH, FROM THE CEILING AND NOT QUITE SURE WHY THEY PUT A PAPER TOWEL, BUT THAT'S KIND OF 25TH. A LOT OF THE TENANTS, UH, WILL GET KIND OF CREATIVE AS FAR AS BLOCKING CERTAIN THINGS. AND MR. SMOKE DETECTORS AGAIN. AND THEN, LIKE I SAID, THEY, UH, REPLACED THE LIGHT FIXTURES, UH, INSTALLED THE SMOKE DETECTORS, UH, FIX THE HOLES IN THE WALLS, UH, MULTIPLE TIMES. UH, THAT'S THE CARBON, UH, MONOXIDE, AND THAT'S THE DOORS THAT ARE REPAIRED. AND THE NEW SHOWER PAN STAFF ASK THE COMMISSION TO ADMIT EXHIBIT FIVE, WHICH INCLUDES FINDINGS OF FACT AND CON CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS. AND EXHIBIT SIX, WHICH CONSISTS OF PRE-IMPOSED COMPLIANCE PHOTOS. STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS LAW AND ORDER THE FOLLOWING. ONE, AFFIRM THE CIVIL PENALTY OF $134,167 AND 12 CENTS ASSESSED FROM THE ORDER ISSUED SEPTEMBER 27TH, 2023, AND RECORDED AS TRV 2 0 2 3 1 0 3 0 4 0, INCLUDING INTEREST, OR IN THE ALTERNATIVE TO IF THE CIVIL PENALTY AMOUNT OF $134,167 AND 12 CENTS IS REDUCED, ALLOW 30 DAYS FROM THE DATE OF THE, FROM THE DATE AND AMENDED ORDER IS MAILED TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT, AND THREE ON THE 31ST DAY FROM THE DATE THE AMENDED ORDER IS MAILED. IF THE REDUCED PENALTY AMOUNT HAS NOT BEEN PAID IN FULL REINSTATE, THE UNPAID PORTION OF THE ORIGINAL PENALTY, ANDRA SHALL CONTINUE TO 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. THANK YOU, MR. NUEN. YES, ING, LADY AND GENTLEMEN. UH, FROM THE CITY OF AUSTIN, COMMISSIONER, MY NAME JAMES SWEN. I'M A PROPERTY MANAGER AND OWNER OF, UH, PROPERTY AT 4 6 0 6 CORNELLI STREET, AUSTIN, TEXAS. I, I AM, UH, COME HERE TODAY. UH, MY ENGLISH IS, UH, LIMITED, BUT, UH, I TRY MY BEST TO PRESENT MY CASE, UH, TO LADY, A GENTLEMAN. UH, ACTUALLY, UH, WE BOUGHT THIS PROPERTY IN, UH, 2022 IN APRIL. AND THE BROKER, UH, IN AUSTIN, THEY INTRODUCED ME TO LEASE PROPERTY. UH, DID NOT TELL ME THE TRUTH BECAUSE, UM, I USED TO, UH, IN HOUSTON AND MY SON, HE GET A JOB HERE. SO I THINK THAT, OKAY, I CAN INVEST IN THIS PROPERTY AND CLOSE TO MY SON. AND, UM, HE TOLD ME THAT THE LEASE, HE SAID THAT, DON'T WORRY, NOTHING, UH, MISS YVETTE AND HIS SON AND HER SON WILL TAKE CARE, EVERYTHING IN THE LEASE. SHE HAD TO TAKE CARE OF THE REPAIR AND, UH, EVERYTHING, FIRE DEPARTMENT OR ALARM SYSTEM OR WHATEVER, INSPECTION THEY HAD TO TAKE CARE, WATER, AC, EVERYTHING. SO I BELIEVE THAT, UH, AT LEAST WE HAVE SOME INCOME [02:20:01] FROM THE INVESTMENT. BUT, UH, THE DIFFERENCE IS IN HOUSTON, IF THE, IF THE BUSINESS OWNER LIKE THEY CARE OR ALTHOUGH THEY CARE, IF THEY DID NOT COMPLY, UH, THE REQUEST FROM THE INSPECTOR, THEY WILL GIVE HER THE FINE PENALTY OR SETTLE DOWN. AND THE, THE PROPERTY OWNER HAVE NOTHING LIABILITY WITH THAT. BUT I DON'T KNOW THAT, AND AUSTIN IS DIFFERENT. THE AUSTIN IS, IF THE BUSINESS OWNER DID NOT COMPLY, THEY PUT EVERYTHING ON THE PROPERTY OWNER. I JUST FIND OUT THE TRUTH ON THAT ABOUT SIX MONTHS AGO, SINCE I HAVE THE ABILITY TO SEE MR. JOHN HEALTH, THE INVESTIGATOR, HE EXPLAINED TO ME AND I OPENED MY MIND. SO I UNDERSTAND, AND I REALLY RESPECT THE INSPECTOR WHO, YOU KNOW, FOR THE PUBLIC SERVICE TO PROTECT THE SAFETY FOR THE LIFE OF PEOPLE. I VERY RESPECT THAT. AND I TALK TO MISS YVETTE, I DON'T MIND TO WORK WITH YOU, UH, CLOSELY TO COM TO COMPLY WITH THE CITY AND, UH, BEFORE SHE DEDUCT ALL THE RENT ALL THE TIME. SO WHEN SHE FIX THAT, FIX THAT FIX THAT SHE DEDUCT ALL THE RENT AND WE DON'T HAVE MUCH INCOME AT ALL. AND LAST YEAR WHEN I, UH, AGREED WITH HER TO HELP HER TO DO, UH, UH, BUSINESS LIKE THAT, BECAUSE I FIND OUT THAT THIS IS NOT EASY BUSINESS BECAUSE THE PEOPLE WHO DIDN'T OFFER 90% IS, UH, UNSTABLE MENTALITY, AND THEY DEPEND ON MEDICAID. AND THE, THE GOVERNMENT ONLY PAY THEM BETWEEN 700 TO 1000 A MONTH WITH, UH, SOME FOOD STAMP AND SHE COOK FOR THEM. AND, UM, 10% THEY HAVE RELATIVE LIKE PARENTS TO SUPPORT THEM, TO PAY FOR THEM. AND, UH, SINCE I DON'T UNDERSTAND THAT SHE'S A AFRICAN LADY, AFRICAN AMERICAN, AND FOUR OTHER LADY, ALL AFRICAN, UH, AMERICAN, THEIR JOB IS NOT EASY BECAUSE THE IQ NOT HIGH, YOU KNOW? SO I THINK, I DON'T THINK THEY CAN NOT GET THE JOB ANYWHERE UNLESS THEY HAVE TO DO THAT JOB TO HELP THE PEOPLE LADDER AND THE PEOPLE HURTING. UH, THEY ONLY ONE STEP TO BE HOMELESS IF 1000 OR 900 A MONTH, THEY CANNOT RENT APARTMENT IN AUSTIN. SO THEY HAVE TO GO TO GROUP HOME AND STAY IN THE ROOM LIKE THAT. AT LEAST THEY, YOU KNOW, THEY HAVE A PLACE TO, TO STAY FROM THE HEAT FOR THE COLD WEATHER. AND IF THEY HAVE TO PUSH THEM, SHE COOK FOR THEM TO EAT. SO HER, HER MAKE THE MONEY VERY LITTLE BECAUSE MORE, THEY MORE EXPENSIVE. NOW, SHE TOLD ME THAT THEY NOT INCREASE THE, THE MONEY FOR PEOPLE. SO HER MARKET IS THINNER OR THINNER TO ME WHEN I UNDERSTAND HER. MR. NEN, DO YOU, DO YOU HAVE A ASK OF THE COMMISSION? IS THERE SOMETHING SPECIFIC YOU WOULD LIKE US TO CONSIDER? YES. IF YOU ASK QUESTION, I CAN ANSWER. YES, GO AHEAD. IS THERE SOMETHING YOU'D LIKE US TO TAKE ACTION ON? UH, WOULD YOU ME EXPLAIN MORE? WELL, WE, I THINK WE GET THE IDEA THAT, THAT YOU HAVE SOMETHING YOU'D LIKE TO ASK US TO DO. YEAH. AND WE'RE JUST TRYING TO, OKAY. SINCE LIKE AFTER THAT, SHE TOLD ME SHE DOESN'T HAVE MUCH ENOUGH MONEY. LIKE THIS MONTH SHE DOESN'T PAY ME YET. BUT THE REASON IS WHEN I TALK TO COMMISSIONER, UH, TO THE INSPECTOR, IF SHE NOT COMPLY THE LEASE, HOW, WHAT I CAN DO. AND THE COMMISSIONER TOLD ME THAT THE ONLY CHOICE I HAVE TO HIDE ACTUALLY TO SUE HER TO VIOLATE THE CONTRACT BECAUSE I, I DON'T HAVE THAT, THE MONEY TO PAY FOR THE REPAIR SHE HAVE TO DO. AND SHE VIOLATES SHE HAVE TO GO. BUT SINCE I COME THERE, AND IF I DO THAT, 48 PEOPLE TO 50 PEOPLE THERE WILL HAVE NO PLACE TO, TO STAY. THEY WILL BE HOMELESS. AND IT'S JUST MY HEART BECAUSE I WAS A REFUGEE. I CAME TO AMERICA 51 YEARS AGO, [02:25:01] YOU KNOW, AS A ZI I'M AT THE , YOU KNOW, BOTTOM OF THE SOCIETY, AND I UNDERSTAND THAT. SO I TOUCHED MY HEART. I SAID, OKAY, I DON'T WANT TO HELP YOU TO COMPLY WITH THE CITY SO YOU CAN KEEP YOUR BUSINESS. I DON'T HAVE ACTUALLY TO SHUT YOU DOWN. AND LAST FEW MONTHS I RECEIVE A NOTICE. OH, YOUR FENCE NEED TO BE REPAIR. AND I RUSH THROUGH RIGHT, RIGHT AWAY. I ADVISE MY FRIEND HERE TO COME RIGHT TO THE PLACE TO FIX THE FENCE. AND, UH, WHEN HE CAME TO FIX THE FENCE, THE NEIGHBOR NEXT DOOR, SHE COMPLY AND SAY, THE FRIEND IS MINE, NOT YOURS. AND HE CALLED POLICE TO ARREST MY, THE, THE, THE MAN AND PUT HIM IN JAIL FOR ONE DAY AND ONE DAY AND ONE NIGHT. AND I BELIEVE THAT THE NEIGHBORHOOD THERE DOESN'T LIKE THE BLACK PEOPLE TO LOOK FOR THE HOMELESS PEOPLE LIKE THAT. THAT'S WHY THE CALL POLICE TO ARREST HIM, BECAUSE, BUT AT THAT TIME, MR. Z TOLD ME, OKAY, JUST NO PROBLEM, DELETE THAT. NO, YOU DON'T HAVE TO WORRY ABOUT THE OFFENSE NO MORE. BUT MY FRIEND ALREADY IN JAIL, THEY GO TO COURT. THEY, THEY MISS HIM. ANYWAY. SO I PUT MYSELF IN THIS DIFFICULT SITUATION. A FEW MONTHS AGO, I RECEIVED A LETTER ABOUT THE MAN FROM THE CITY TO WANT 30,000, SOMETHING LIKE THAT, TO PAY FOR PON. AND I SURPRISED, NOW I COME HERE, I UNDERSTAND, LOOK LIKE A JURY COURT, YOU KNOW, AND THEY THINK, OH, LOOK LIKE I BE IN A, LIKE, CONVICTION SOMETHING. AND I, IT'S MY FIRST TIME TO BE IN AUSTIN TO UNDERSTAND THE DIFFERENCE. SO I JUST SAY TO YOU TODAY, IF YOU CAN SYMPATHIZE FOR ME, SYMPATHIZE FOR THE BUSINESS OWNER, MISS YVETTE AND HER SON, TOMMY MCKINNEY AND SYMPATHIZE FOR THE PEOPLE, HOMELESS PEOPLE WITH LOW INCOME, YOU KNOW, BOTH OF THE SOCIETY, THE BOTH DON'T LIE. IF YOU LOVE THEM, YOU CAN HELP THEM, BUT IF YOU DON'T LOVE THEM, I DON'T MIND TO GIVE UP MY PROPERTY. I TOLD COMMISSIONER MR. NEN. YEAH, YOU NEED TO SUMMARIZE AND FINISH YOUR STATEMENT. THANK YOU. YEAH, WE'RE OUTTA TIME. CAN YOU SUMMARIZE WHAT IT IS YOU'D LIKE TO ASK US TO TAKE INTO CONSIDERATION? I, I, I, I WOULD LIKE YOU TO LIVE UP, LIVE UP THE PENALTY FOR US, YOU KNOW, BECAUSE IT'S THIS LIKE HO LIKE HUMILITY TO HELP THE POORS OVER THERE. THAT'S ALL I ASKED FOR. OKAY. THANK YOU. YEAH. DID YOU HAVE ANY QUESTIONS FOR THE CITY? WHEN ON, BASED ON THEIR PRESENTATION, DID YOU HAVE ANY QUESTIONS FOR THE CITY AT ALL? RIGHT NOW I JUST ASK FOR RIGHT NOW, I, I, I TRY TO HELP THIS EVENT. OKAY. THIS YEAR I WILL REPORT LOSS TO IRS, UH, $45,000 LOST INCOME. OKAY. YEAH. THANK YOU. DOES CITY HAVE ANY QUESTIONS FOR MR. NEN? NOT AT THIS TIME. THANK YOU. OKAY, COMMERS LESS. THERE'S AN OBJECTION. WE'LL ADMIT. UH, ITEMS, UH, EXHIBITS FIVE AND SIX. HEARING NONE, EXHIBITS ARE ADMITTED. IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED. SECOND. MOTION BY COMMISSIONER MUSGROVE. A SECOND BY COMMISSIONER GARZA. DO A VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. A AYE. OPPOSED? NAY. PUBLIC HEARING IS CLOSED. THANK YOU FOR YOUR INPUT. STAY RIGHT THERE. WE MAY HA WE MIGHT HAVE ANOTHER QUESTION FOR YOU, COMMISSIONERS. IS, UH, IS THERE A MOTION OR QUESTIONS FOR STAFF? YEAH, I HAVE A QUESTION. UM, FOR THE STAFF. WELL, WE NEED A MOTION. OKAY. TO CLOSE? YEAH, WE CLOSED THE PUBLIC HEARING. WE NEED A MOTION FOR DISCUSSION. COMMISSIONER BROWN, THE STAFF'S PROPOSED, PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW AND STAFF'S RECOMMENDATION RECOMMENDED ORDER IN ITS ENTIRETY. SECOND. I WILL SECOND. [02:30:04] ALL RIGHT. I BEG YOUR PARDON. SO THE, HOLD ON. THE RECOMMENDATION HAS A SORT OF A YES OR NO KIND OF THING. IT'S OKAY. WE WERE JUST TRYING TO START DISCUSSION, I THINK. YEAH. YEAH. WE, YEAH, . ALRIGHT. SO THERE'S A MOTION ON THE FLOOR. OKAY. TO ACCEPT THE STAFF'S RECOMMENDATION. NOW WE CAN ASK THE QUESTION. CORRECT. OKAY. UM, IN THE BEGINNING YOU SAID THEY HAVE A, UM, FEES, ACCUMULATED FEES, 134,000 RIGHT AROUND THERE. AND THAT'S SINCE 2022, UH, SEPTEMBER, 2023. OF 2023, YES. OKAY. AND, UM, HOW LONG HAVE YOU OWNED THE PROPERTY? JUST SINCE MAY, 2022. OKAY. MAY 22. 22? YES. OKAY. OF 2022. YES, MAY, YEAH. IS IT YOUR, THE PROPERTY? NO, I, WE BOUGHT FROM, FROM THE BROKER. THEY INTRODUCED US. OKAY. YEAH. OKAY. IT'S NOT MAKING MONEY. THEY SAID THAT USED TO BE THE INCOME PROPERTY, BUT, OKAY. SO YOU ARE THE OWNER, BUT YOU LEASE IT TO SOMEONE ELSE? NO, MA'AM. THAT WHICH HAS BEEN THERE MANY YEARS GROUP HOME. OH, YOU JUST BOUGHT IT? YES, MA'AM. YEAH. AND LEFT THE, THE TENANTS THERE. YEAH. BUT THEY'RE MISLEADING ME, YOU KNOW, BUT NOW I'M JUST IN THE SITUATION. OKAY. I HAD, I HAD TO WALK WITH HER ANYWAY, BECAUSE I LOT OF PEOPLE THERE. OKAY. SO WE, THERE WERE NO, UM, NO VIOLATIONS OR NO REPORTS BEFORE HE OWNED IT? OH, YES. UH, THERE'S, UH, A HISTORY WITH THE PROPERTY OF VIOLATIONS BEFORE HE PURCHASED IT. OKAY. BEFORE HE OWNED IT. YEAH. BUT THIS IS ALL HIS, UH, 134,000. YEAH. OH, YEAH. AS FAR AS THE PENALTIES GO. YES. YES. OKAY. OKAY. THANK YOU. QUESTION FOR STAFF GOOGLING AROUND, IT LOOKS LIKE THE STATE TRIED TO TAKE ACTION ON, ON THIS PROPERTY BACK IN 20 15, 20 16, UH, FOR SIMILAR ISSUES, I MEAN CONDITIONS, BASICALLY. UH, IT WAS, IT WAS NOT THIS PROPERTY. HE DID KNOW THAT IT WAS THE BUSINESS IN ANOTHER LOCATION. OH, OKAY. SO YEAH, IT WAS BUSINESS. I THINK IT WAS OFF OF BURNETT ROAD, IF I'M MISTAKEN. OKAY. GOTCHA. WELL, I GUESS I, I, YOU KNOW, BECAUSE I KNOW THE VIOLATION STEMMED FROM 2023. RIGHT. AND I'M, I'M SEEING A LOT OF AWFUL STUFF IN THOSE PHOTOS. I'M SEEING MOSTLY, UM, FIRE ALARM ISSUES RIGHT NOW. SO COULD YOU, YOU KNOW, HOW MUCH, HOW MUCH IMPROVEMENT HAVE WE SEEN SINCE THE INITIAL COMPLAINTS, THE INITIAL 2023? I MEAN, IS IT EXACTLY THE SAME, 50% BETTER, 25% BETTER? WHAT DO WE, UH, I, CONSIDERING ALL THINGS CONSIDERED, I PROBABLY WOULD PUT IT IN THE 40 TO 50 PERCENTILE BETTER. OKAY. UH, UH, MR. NEN, AFTER WE MET IN LATE JANUARY, AND, UH, LIKE HE SAID, I EXPLAINED TO HIM, UH, UH, WHO'S ULTIMATELY RESPONSIBLE AND HOW HE WOULD ENFORCE THE TENANT, UH, NOT TAKING ACTION. AND THEN, LIKE I SAID, WE WALKED THROUGH THE PROPERTY AND HE'S ACTUALLY BEEN EXTREMELY PROACTIVE. HE SENDS US, UH, THE MONTHLY, UH, UH, FIRE STATEMENTS AND IT IS STUFF THAT HE DOESN'T EVEN HAVE TO DO. OKAY. SO IT, IT HAS IMPROVED, UH, BUT SINCE IT'S BEEN A FEW MONTHS SINCE I'VE BEEN THERE, I COULD ONLY PUT IT IN THE 40, 50 PERCENTILE BETTER. OKAY. YEAH. BUT MY UNDERSTANDING WAS THAT ALL THE VIOLATIONS HAVE BEEN CLEARED. RIGHT. YEAH. YOU'RE TALKING ABOUT PENALTY RELIEF, RIGHT? YEAH, IT'S PENALTY RELIEF. THAT'S, THAT'S THE ONLY REASON WE'RE HERE. YEAH. YEAH. YEAH. JUST WANNA MAKE SURE. OKAY. COMMISSIONER'S IN YOUR BINDER THERE ON THAT TAB FIVE, THERE'S SOME ADDITIONAL QUESTIONS THAT MIGHT FACILITATE LOOKING AT WHETHER YOU WANT TO CONSIDER A REDUCTION OR NOT. SINCE THE, THE CLIENT HADN'T REALLY HAD ANYTHING SPECIFIC, BUT YOU MIGHT, SINCE YOU WERE TALKING ABOUT THAT, YOU MAY WANT TO DIG INTO THAT A LITTLE BIT. YEAH. FIVE B, MR. NEN. YES, SIR. UM, SINCE YOU'VE GOTTEN IN TOUCH WITH THE INSPECTOR THIS YEAR YES. HOW MUCH, UH, MONEY DO YOU THINK YOU'VE SPENT [02:35:01] TO REPAIR AND FIX THE PROPERTY? JUST THIS YEAR, WE MORE THAN $45,000. OKAY. YEAH. IT'S EVERYTHING GONE NOW. UH, UH, YEAH. COMPLETE WITH THEY ASKING FOR, BUT THIS ONE, THEY GO BACK TO THE DAY ONE. MM-HMM . TO PENALTY DAY BY DAY, YOU KNOW, I DON'T KNOW. I DON'T, I NEVER KNOW NOTHING ABOUT THAT. OKAY. UNTIL LAST TWO PER MONTHS. I SEE THE LETTER. YEAH. YEAH. OKAY. OKAY. UM, QUESTION, COMMISSIONER BERRA, UH, I JUST WANNA CLARIFY WITH CITY STAFF. I SEE. UM, SORRY, I SEE A, A THIRD, UH, SORRY, I CAN'T GET OUT OF MY, IS THERE ANY DOCUMENTATION FROM THE OWNER THAT'S BEEN PROVIDED TO US AS FAR AS REPAIRS DONE OR EXPENSES ACCRUED? I SEE AN OWNER'S EXHIBIT, BUT THERE'S NOTHING ATTACHED TO IT. EXACTLY. HE, THAT WAS OUR MISTAKE. HE DID NOT SUBMIT AN EXHIBIT. WE JUST HAD A COVER AND WE AC OKAY. UPLOADED IT BY ACCIDENT. THANK YOU. I, I HAVE A QUESTION. QUESTION FOR SONYA. UH, CAN WE REDUCE THE PENALTY BY AS MUCH AS WE CHOOSE? ARE THERE ANY LIMITATIONS TO WHAT WE CAN DO WITH THAT? NO, THIS IS ENTIRELY WITHIN YOUR DISCRETION. 13 FOR COMPLEX. ARE WE STILL AT, ARE WE STILL AT 13,000 FOR COMPLEX CASES? 13 SIX. OKAY. MAYBE. AND IS ONE OF THE QUESTIONS FOR MR. MOORE, WHAT COMPLEXITY ISSUE WOULD WE PLEASE? YEAH. DUE TO THE LENGTH OF THE CASE, IT'S HIGH COMPLEXITY, I'M SORRY, DUE TO THE LENGTH OF THE CASE, WE CONSIDER IT HIGH, HIGH COMPLEX. HIGH COMPLEX. MM-HMM . OKAY. COMMISSION MAY REMEMBER THAT WAS THE ANALYSIS OF WHAT'S OUR BASELINE. RIGHT. OKAY. SO I THINK, UM, ALWAYS BEING SYMPATHETIC TO ME PERSONALLY, UH, REPRESENTING DISTRICT NINE, I THINK I, I WANNA FOLLOW MY COUNCIL MEMBER AND BE VERY, VERY SENSITIVE TO THE NEEDS OF, UH, PEOPLE IN, IN HALFWAY HOUSING LIKE THIS. I, I THINK I WOULD WANNA RECOMMEND A VERY, A VERY LARGE PENALTY REDUCTION. I WOULD WANT TO RECOMMEND DOWN TO TAKE 134,000, GO DOWN TO 20,000 FLAT, WHICH IS COMPLEXITY PLUS A LITTLE BIT OF TIME. UH, HE'S BEEN PLAYING BALL, THE VIOLATIONS HAVE BEEN FIXED. I MEAN, WHETHER THIS PLACE SHOULD CONTINUE TO OPERATE, THAT'S A LITTLE BIT OUTSIDE OF OUR PURVIEW. YOU KNOW, UH, I THINK THERE ARE SERIOUS CONCERNS THAT I HAVE ABOUT THE, THE, THE, THE OPERATION OF THIS PARTICULAR SAFE PLACE. UM, BUT I'M GONNA ERR ON THE SIDE OF, UH, A, A LARGE PENALTY REDUCTION HERE BECAUSE THE, THE ISSUES HAVE BEEN DEALT WITH AND HE'S BEEN PLAYING BALL THIS YEAR. UM, SO I WOULD, I WOULD SAY I WOULD FLOAT 20,000, UH, A REDUCTION IN PENALTY TO 20,000. UM, I AM ALSO A, AGAIN, CONCERNED ABOUT THE OPERATION OF THE BUSINESS, BUT I THINK, UM, I THINK THAT SEEMS APPROPRIATE BASED ON THE, THE, THE VIOLATIONS HAVING BEEN CLEARED. OKAY. WELL, THE MOTION ON THE FLOOR IS FOR THE FULL AMOUNT. YEAH. SO ARE YOU, YEAH. SO THEN WHEN, RIGHT. RIGHT. SO THEN I WOULD LIKE TO MOVE, UH, A FRIENDLY AMENDMENT, RIGHT. AND I WOULD CHANGE THE, I WOULD PICK THE REDUCTION ORDER OPTION IN THE ORDER, AND I WOULD CHANGE THE AMOUNT HERE. LEMME PULL UP THE ORDER. A, UH, A MOTION TO UNDER PART TWO. I MOVE THAT. OKAY. YEAH. THANK YOU. . I MOVE THAT THE CIVIL, CIVIL PENALTY PREVIOUSLY ASSESSED ON SEPTEMBER 27TH, 2023, FROM THE ORDER OF SEPTEMBER 27TH, 2023, UH, RECORDED AS TRV 20 23, 1 0 3 0 4 0 BE MODIFIED, UH, THAT THE CIVIL PENALTY AMOUNT JUST MENTIONED BE REDUCED TO $20,000 TO BE PAID WITHIN 30 DAYS FROM THE DATE OF THE ORDER IS MAILED. ON THE 31ST DAY FROM THE DATE THE ORDER IS MAILED, THAT THE REDUCED PENALTY AMOUNT OF 20,000 HAS NOT BEEN PAID IN FULL. THE UNPAID PORTION OF THE CIVIL PENALTY AMOUNT OF 134,000 167 AND 12 CENTS SHALL BE REINSTATED AND INTEREST SHALL CONTINUE TO RECRUIT AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL. ALL RIGHT. THERE'S AN AMENDMENT, PROPOSED AMENDMENT TO THE MAIN MOTION. IS THERE A SECOND TO THAT? SECOND. SECOND BY COMMISSIONER GARZA. ANY OTHER DISCUSSION ON THE AMENDMENT? [02:40:02] IS THE FRIENDLY AMENDMENT ACCEPTED BY THE ORIGINAL MOTION MAKER? YES. CORRECT. OKAY. VOTING ON JUST THE AMENDMENT. SORRY, I, I HAVE A QUESTION FOR COMMISSIONER BROWN. I JUST WANTED TO ASK, I I, I'M DEFINITELY SYMPATHETIC TO THE VIEW MM-HMM . THAT, YOU KNOW, IF, UH, WE WERE TO LEAVE THE, THE PENALTY THE PROPERTY SOLD AND PEOPLE WOULD BE PUSHED ONTO THE STREET, BUT I JUST HAVE SOME CONCERNS THAT, UM, YOU KNOW, THE, THE LANDLORD COULD BE BASICALLY PROFITING FROM WHAT ARE PRETTY TERRIBLE CONDITIONS. I MEAN, THOSE LOOK, THOSE PHOTOS JUST LOOKED, YOU KNOW, COMPLETELY UNINHABITABLE. AND SO I'M JUST CURIOUS OF YOUR, YOUR THOUGHTS ON THAT. YEAH, I, I'M VERY CONCERNED ABOUT THAT. UM, I THINK THE REGULATION OF HALFWAY HOUSES IS NOT IN OUR JURISDICTION. I THINK I, I, I'M SUPER CONCERNED ABOUT IT, BUT I THINK THAT REALLY CAN'T BE OUR BASIS FOR FINDING A PROPERTY OWNER HERE. WHAT WE HAVE IS A PROPERTY OWNER WHO HAD A, A BUSINESS IN VIOLATION, A PROPERTY IN VI OR A STRUCTURE IN VIOLATION WHO HAS CLEARED THE VIOLATIONS. AND, UH, AND YOU'RE RIGHT, MAYBE I'M BASING A LITTLE BIT OF MY, UH, MAYBE I REDUCED IT A LOT BECAUSE OF MY SYMPATHY TOWARDS THE HALFWAY HOUSE SITUATION. UM, BUT I'M CERTAINLY NOT, UH, GOING TO GO THE OTHER WAY AND SAY, LET'S DESTROY THIS HALFWAY HOUSE BECAUSE OF OUR CONCERNS ABOUT THE, THE VIOLATIONS. UM, YOU KNOW, YOU SHOW ME AN EASY SOLUTION TO HOMELESS, YOU KNOW, HALFWAY HOUSES, YOU KNOW, I, YOU KNOW, I'LL, I'LL GIVE YOU A MILLION DOLLARS. RIGHT. BUT I, I TAKE YOUR POINT, BUT I, I THINK, UM, UH, THAT'S A LITTLE BIT OUTSIDE OF OUR JURISDICTION. AND SO I WANNA FOCUS ON THE REPAIR ISSUES, WHICH THERE WERE. AND THE PLACE IS NOT IN GREAT CONDITION, BUT IT IS ACCORDING TO THE OFFICER'S TESTIMONY, HAS BEEN REPAIRED AND IS NO LONGER IN VIOLATION. SO I THINK A PENALTY REDUCTION SEEMS APPROPRIATE. THANK YOU FOR YOUR EXPLANATION. IF I MAY KIND OF TO, TO BACK ALL THAT. HOLD ON. I'M SORRY. IS THAT I JUST, OKAY. THANK YOU. UM, I THINK IT'S IMPORTANT THAT THE PROPERTY OWNER UNDERSTAND THAT THIS IS A RELIEF. DON'T LET IT GET IN THIS KIND OF CONDITION. AGAIN, WE'RE NOT GONNA BE NEARLY AS NICE NEXT TIME AROUND . YEAH. THAT, YOU KNOW, THE DISCUSSION. THAT'S DEFINITELY TRUE. . ALRIGHT. ALRIGHT. VOTING ON THE, UH, AMENDMENT THEN. COMMISSIONER NARE. AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA? AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER ARA AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE AYE. AND CHAIR VOTES? AYE. ALRIGHT. SO WE'VE APPROVED THE AMENDED MOTION CHANGING THAT FROM THE 1 34 TO 20 AND NOW VOTE ON THE MAIN MOTION. COMMISSIONER NA AYE. SORRY, CHAIR, JUST TO CLARIFY, MAIN MOTION AS AMENDED, CORRECT? I'M SORRY. EXCUSE ME. YES. THANK YOU. AS AMENDED. MAIN MOTION AS AMENDED. UH, COMMISSIONER NA AYE. COMMISSIONER BROWN? AYE. COMMISSIONER GARZA? AYE. COMMISSIONER MARTINEZ. AYE. COMMISSIONER RIVERA? AYE. COMMISSIONER TOM LOVICH. AYE. COMMISSIONER MUSGROVE AYE. AND CHAIR . LISTEN, SIR, MAY I HAVE A SUGGESTION? LOOK LIKE, UH, YOU, YOU TRY TO MAKE ME TO PAY 20,000? YES. SO WE'VE REDUCED THE PENALTY FROM 134,000 TO 20. NO, I HAVE SUGGESTION BECAUSE RIGHT NOW WE ARE, TO BE HONEST WITH YOU, EMPTY HAND. MM-HMM . THE LADY. NOW, THIS MONTH SHE DIDN'T PAY RENT, BUT I PROMISE HER I WOULD LIKE TO HELP. SO, SO JUST CAN OPEN TO HELP THE PEOPLE WHO HAVE A PLACE TO STAY. MM-HMM . SO I HAVE IDEA. I DON'T LIKE TO BORROW FROM MY CREDIT LINE 20,000 TO PUT ON THE ESCROW BECAUSE THIS PROPERTY IS OWE IT NEEDS REPAIR MORE ANYWAY, SO I DON'T MIND IF YOU CAN HELP ME, I PUT 20,000 FOR MY CREDIT LINE TO PREPARE FOR THE FUTURE. MAYBE NEXT COUPLE MONTHS, THREE MONTHS, MR. NANN. YEAH. AFTER THE HEARING. YOU CERTAINLY WELCOME TO VISIT WITH STAFF, UH, ON THE DETAILS OF THIS AND SEE IF WE CAN WORK SOMETHING OUT TO HELP YOU. YEAH. WE, WE DON'T HAVE THE AUTHORITY TO NEGOTIATE OR DO ANYTHING. YEAH. YEAH. BUT, BUT, BUT IT DEAL LIKE THAT, YOU KNOW, IT'S, IT'S PUSH US TO WITH VERY HARD SITUATION. YEAH. WE UNDERSTAND. WE UNDERSTAND. YEAH. THAT'S WHY THE RELIEF. YEAH. THAT'S WHY THE RELIEF. WE UNDERSTAND THE SITUATION, BUT WE ALSO, WE HAVE A DUTY TO MAKE SURE THAT THESE PROPERTIES ARE, ARE TAKEN CARE OF. BUT LIKE, LIKE MR LIKE THE CHAIR WAS SAYING, TALK WITH STAFF. SEE IF YOU GUYS CAN WORK SOMETHING OUT, UH, IN MORE DETAIL. UM, BECAUSE WE ALL HAVE THE SAME CONCERNS ABOUT THE PEOPLE THAT [02:45:01] ARE LIVING THERE THAT YOU DO. WE DO. THANK YOU, MR. COPY OF THE ORDER WILL BE MAILED TO YOU. YEAH. THANK YOU FOR COMING. THANK YOU, [Items 8. & 9.] CHAIR. THE NEXT TWO ITEMS, ITEM NINE AND I EIGHT AND NINE, WHICH ARE, UM, THE TWO APPEALS. YES. THEY, AND I'M GONNA READ THOSE INTO THE RECORD. THEY HAVE BOTH BEEN WITHDRAWN BY THE APPELLANTS AND WILL NOT BE HEARD TONIGHT. UM, ITEM EIGHT IS AN APPEAL REGARDING A COMMERCIAL PROPERTY LOCATED AT FOUR 15 ST. ELMO ROAD. THE CASE NUMBER IS CV 20 26 0 0 8 7 0 3 4. THE APPEAL HAS BEEN WITHDRAWN. AND THEN ITEM NUMBER NINE ON THE AGENDA AS AN APPEAL REGARDING A HOTEL LOCATED AT NINE 19 EAST CAN LANE. THE CASE NUMBER IS CV 20 26 0 8 6 5 6 0. THIS APPEAL HAS ALSO BEEN WITHDRAWN BY THE APPELLANT AND WILL NOT BE HEARD. THANK YOU MELANIE. OKAY, COMMISSIONERS, WE'RE ON [10. Consider and make a recommendation regarding an ordinance amending City Code Chapter 25-12, Article 9 (Property Maintenance Code) to establish an emergency demolition process. ] TO, UH, DISCUSSION ITEM. YES. AND, UH, THIS IS A RECOMMENDATION REGARDING AN ORDINANCE AMENDING CITY CODE CHAPTER 25 12, ARTICLE NINE, THE PROPERTY MAINTENANCE CODE TO ESTABLISH AN EMERGENCY DEMOLITION PROCESS. UM, I'M HANDING THE FLOOR OVER TO ROBERT MOORE, OUR, UM, DIVISION MANAGER. HE'S GONNA PRESENT THIS ITEM TO YOU AND CHAIR AND COMMISSION IF I MAY, BEFORE, UH, DIVISION MANAGER MOORE BEGINS HIS PRESENTATION. UM, SO WE ARE CURRENTLY POSTED AS A CONSIDER AND MAKE A RECOMMENDATION, UH, THAT WAS A MISTAKE THAT'S ACTUALLY INTENDED FOR THE SEPTEMBER AGENDA. AND SO TONIGHT, UH, YOU'LL BE RECEIVING A PRESENTATION FROM DIVISION MANAGER MOORE AS A WAY TO INTRODUCE THE, THE EMERGENCY DEMOLITION PROCESS AND CONCEPT. UM, BUT I WOULD SAY THE ONLY ACTION THAT WE WOULD REQUEST TONIGHT IS TO POSTPONE MAKING A RECOMMENDATION THAN TOLD THE SEPTEMBER MEETING, WHICH IS MORE APPROPRIATE. THANK YOU. THANK YOU. IT SEEMS LIKE A LOT TO GO THROUGH ALL THAT AND THEN US TRY TO WORK THROUGH AND MAKE, I JUST THOUGHT, HOLY MOLY, YOU BETTER GET GOING. . WE'RE, WE'RE GONNA PREPARE YOU FOR NEXT WHEN Y'ALL ARE GONNA MAKE THE RECOMMENDATION. ALRIGHT. OR IF YOU MAKE THE RECOMMENDATION. WE'RE HOPING YOU DO. AND THERE'S A PRESENTATION. JACKSON NEW. YEP. OKAY. GOOD EVENING COMMISSIONERS. UH, I KIND OF TEASED AT THE LAST, UH, MEETING ABOUT THIS, BUT WE ARE LOOKING TO OFFER A NEW SERVICE AND PROCESS CALLED THE EMERGENCY DEMOLITION SERVICE. UM, NEXT SLIDE PLEASE. SO WHY ARE WE IMPLEMENTING THIS SERVICE? WELL, IT OFFERS A PROACTIVE APPROACH TO ELIMINATING IMMINENT DANGER TO PUBLIC SAFETY. KIND OF LIKE THE STRUCTURE YOU'RE SEEING HERE. UM, THIS IS MORE OF A FORCE MAJEURE, YOU KNOW, ACT OF GOD TYPE SCENARIO. UM, WHERE A STRUCTURE IS JUST RANDOMLY IN, IN IMMINENT DANGER, CREATES AN IMMINENT DANGER. AND SO, UM, IT FILLS A MISSING NEED FOR AN EXPEDITED PROCESS TO ADDRESS COMPROMISED STRUCTURES THREATENING IN THE COLLAPSE. SO, AS YOU KNOW, OUR CURRENT PROCESS CAN BE LENGTHY, UH, WITH A, UM, AN EMERGENCY TIMEFRAME, RIGHT? UM, IT COULD TAKE MONTHS TO GET IT BEFORE YOU, IT COULD TAKE ANOTHER MONTH OR TWO TO GET IT, UH, TO WHERE WE CAN START THE PROCESS. SO, UH, WITH THIS, UH, IT, IT WILL ALLOW US TO IMMEDIATELY DEMOLISH OR TO BEGIN THE DEMOLITION WITHIN 96 HOURS, UM, TO GET IT DOWN ON THE GROUND AND, AND, AND MAKE THE COMMUNITY SAFE. AND PLUS IT FOLLOWS BEST PRACTICES OF OTHER MAJOR CITIES LIKE SAN ANTONIO, DALLAS, ET CETERA. NEXT SLIDE PLEASE. SO WHAT DOES THE SERVICE OFFER? UH, PROVIDES AN ALTERNATIVE TO OUR EXISTING DEMOLITION PROCESS. AGAIN, LIKE I JUST MENTIONED, IT CAN BE LENGTHY. SO, UH, THIS IS JUST ANOTHER OPTION WE HAVE TO ADDRESS. SOMETHING, UM, EXTREMELY DANGEROUS. IT ACTIVATES A SPECIALIZED ASSESSMENT TEAM. SO YOU'RE LOOKING AT AN ENGINEER, A FIRE MARSHAL, UH, A BUILDING OFFICIAL. THEY'RE GOING TO BE ASSESSING THE STRUCTURE, MAKE SURE IT MEETS THESE, UH, THE CRITERIA THAT WOULD, YOU KNOW, BASICALLY LABEL THIS AS AN IMMINENTLY IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE COMMUNITY. UM, WE DON'T ANTICIPATE SEEING THESE VERY OFTEN. I MEAN, I CAN'T THINK OF A PROPERTY IN THE LAST FIVE YEARS THAT WOULD ACTUALLY EVEN HAVE MET THIS. [02:50:01] UH, BUT WE, WE WANT TO BE READY FOR IT WHEN IT DOES HAPPEN. 'CAUSE WE, WE KNOW IT'S COMING. UM, IT ALSO EXPEDITES UTILITY SHUTOFFS. UM, SO WE'VE BEEN MEETING WITH TEXAS GAS, AUSTIN WATER, AUSTIN ENERGY, UH, GETTING MOUS CREATED TO MAKE SURE THEY'RE ON BOARD. THEY KNOW WHAT WHAT'S EXPECTED WHEN WE CALL ON THEM, UH, TO GET THIS DONE. AND THEN AGAIN, THE DEMOLITION OF THE STRUCTURE WILL BEGIN IN 96 HOURS. UH, THAT IS OUR GOAL. UM, IT COULD BE BEFORE THAT, BUT AT THE VERY LATEST WE WANT IT STARTING TO BE TORN DOWN IN THAT 96 HOUR TIMEFRAME. UM, NEXT AND THEN WHO IS INVOLVED? HERE ARE ALL THE PLAYERS. UH, AGAIN, THAT WE'VE BEEN CREATING MOUS FOR AUSTIN DEVELOPMENT SERVICES, AUSTIN FIRE DEPARTMENT, AUSTIN POLICE DEPARTMENT, AUSTIN FACILITIES MANAGEMENT, AUSTIN WATER, AUSTIN ENERGY, TEXAS GAS, AUSTIN HOMELESS STRATEGY OFFICE, UH, AUSTIN COMMUNICATION AND PUBLIC INFORMATION OFFICE, AUSTIN PLANNING, HISTORIC PRESERVATION OFFICE, AND AUSTIN CITY ATTORNEY'S OFFICE. SO WE'VE HAD MEETINGS WITH ALL THEM, EVERYBODY'S ON BOARD. UM, WE'VE TAKEN THEIR INPUT AND WE'VE CREATED THIS, UH, NEW SERVICE THAT WE'LL BE, UH, ASKING FOR YEAR. UH, ACTUALLY I DID YOU ALREADY GO OVER IT? YEAH, PROBABLY THE NEXT MEETING. ASKING FOR YOUR RECOMMENDATION SO WE CAN, BECAUSE WE ARE GONNA HAVE TO TAKE, CHANGE SOME TECHNICAL CODES, UM, OR ADD IT TO THE, A TECHNICAL CODE I SHOULD SAY. UM, AND THEN WE'LL BE PRESENTING IT BEFORE COUNCIL. SO, UH, THAT IS BASICALLY JUST A HIGH LEVEL OVERVIEW OF WHAT WE'RE LOOKING TO ACCOMPLISH HERE. UM, IF Y'ALL HAVE ANY QUESTIONS, GO AHEAD. SO THE ASK FOR US IS, RIGHT NOW IT'S JUST A, IF YOU HAVE QUESTIONS ABOUT WHAT WE'RE TRYING TO DO HERE, UH, WE'RE NOT ASKING FOR RECOMMENDATION YET. THAT'LL BE THE NEXT MEETING. SURE. UM, SO AT THE NEXT MEETING OR THE FOLLOW ME, THIS, THE MATERIAL WILL BE THEN THERE THAT WE CAN KIND OF PRODUCE AND RIGHT TONIGHT IS THE BUY-IN. I'M SELLING YOU ON A, YOU KNOW, WE WANT YOUR SUPPORT ON, OKAY, YOU GOT OUR BUY-IN. DO YOU, DO YOU GET TO PUSH THE BIG THING THAT SAYS TNT? YEAH. NO, THAT'S THE COYOTE. RIGHT? SO WE DON'T GET TO EITHER THEN YOU DON'T HAVE TO, WE DON'T GET TO, WE DON'T GET TO BLOW ANYTHING UP. YOU DON'T, NO PUSH, DON'T GET TO DO THAT. SO I'M AGAINST IT UNFORTUNATELY, ROBERT, RIGHT OFF THE BAT, I JUST HAVE TWO QUESTIONS. YEAH. AND ONE IS, HOW IS THIS FUNDED SLASH WHO INCURRED THE COST OF DEMO? IT WOULD BE EXACT SAME BUDGET FOR THAT. OUR DEMOLITION, UH, FROM THE SAME POT, FROM THE SAME BUDGET AS WHAT IS CURRENTLY CORRECT. PUT CORRECT. OKAY. UH, WHICH GOT INCREASED BY THE WAY. SO YEAH. BUT, BUT JUST AS BEFORE, JUST, JUST LIKE EVERYTHING ELSE, IT IT, THERE'S A LIEN PLACED ON THAT PROPERTY. OH, FOR SURE. YEAH. I MEAN, UNLESS IT'S A HOMESTEAD TYPE THING, BUT I MEAN, AT THE END OF THE DAY WE'RE AS A CITY SAYING, LOOK, THIS IS DANGEROUS ENOUGH. WE'RE, WE'LL WORRY ABOUT THAT LATER. WE NEED THIS DOWN ON THE GROUND. SO A BURNED OUT APARTMENT BUILDING AT 1604. WE'LL STOP . SORRY. COULDN'T THIS, MY SECOND QUESTION IS, COULDN'T RESIST THE EXTENT OF DEMO. ARE WE TALKING THIS COULD GET ANYWHERE BETWEEN PARTIAL TO FULL DEMO OF PROPERTY FOR SURE WITH THE EXCEPTION OF HOMESTEAD? IS THAT WHAT WE'RE SAYING? NO, NO. THAT'S JUST A COST RECOVERY TYPE THING. NO, THIS IS ANY STRUCTURE, UH, PARTIAL, FULL, WHATEVER WE NEED TO DO TO GET THE IMMINENT THREAT TAKEN CARE OF. OKAY. HOW ARE YOU ADDRESSING THE ENVIRONMENTAL STUFF? TALKING ABOUT LEAD ASBESTOS? YEAH. OKAY. WELL THE STATE HAS A, UM, PROCESS THAT ALLOWS US TO, THEY CALL IT A DEMO IN PLACE. AND THAT MEANS IT'S SO DANGEROUS THAT LEAD ASBESTOS CAN'T BE ABATED. SO THEY ALLOW US TO JUST DEMO WITHOUT THE TESTING, BUT WE TREAT IT AS IF IT'S RIDDLED, UH, WITH LEAD ASBESTOS WHILE WE'RE DEMOLISHING IT. MM-HMM . THAT DOESN'T SOUND CHEAP AT ALL. . WELL, IT, IT'S NOT BECAUSE THAT MATERIAL NEEDS TO BE TAKEN TO A SPECIFIC LANDFILL THAT TAKES RADIOACTIVE WASTE. SO YEAH. IF THE COST GOES UP, DOES THE OWNER GET ANY TIMEFRAME TO DO THE DEMO OR IS IT JUST UH, WE, WE ARE HOPING THE OWNER, I MEAN, I WOULD, IT WOULD BE A MIRACLE, BUT I MEAN, IT COULD HAPPEN I'M SURE. BUT YEAH, WE WANT THE OWNER TO DO IT WITHIN THAT 96 HOURS. THAT'D BE GREAT. WE, WE ARE GOING TO BE REACHING OUT TO THE OWNER, TRYING TO GET THEM INVOLVED IN THE PROCESS AND, AND LETTING THEM GO. YOU KNOW, NOT RESTRICTING THEM WITH PERMITS AND THINGS LIKE THAT. LIKE, 'CAUSE WE'RE NOT GONNA BE RESTRICTED AS WELL. UM, BUT AGAIN, I, I WOULD BE SHOCKED IF ONE COULD DO IT THAT FAST, BUT I'M NOT SAYING IT'S NOT POSSIBLE. SO IT WOULD BE A, IT WOULD BE AN OPTIONAL SERVICE EITHER. OKAY, WE'RE GONNA TURN YOU LOOSE, MR. OWNER GO DEMOLISH IT YOURSELF OR WE'LL DO IT CORRECT. WITHIN 96. CORRECT. HOURS NO PERMITS REQUIRED. RIGHT. SO ARE YOU GONNA BE IN A POSITION TO GRANT THAT KIND OF AUTHORITY? NOT [02:55:01] ME, , BUT WE'VE GOT THE PEOPLE THAT OFTEN, BUT WE'LL HAVE, WE'LL HAVE A GROUP TOGETHER THAT'LL BE ABLE TO GRANT THAT AUTHORITY. YES. WITH SOME, WITH A LOT OF FLEXIBILITY FOR THESE BUILDINGS THAT NEED TO BE DEMOLISHED. WE'VE HEARD OVER AND OVER AND OVER ABOUT PEOPLE SAYING, WELL, IT'S JUST SO HARD TO DO BUSINESS, HARD TO EVEN GET A DEMO PERMIT. OH SURE. YEAH. BUT IF YOU CAN FACILITATE THAT RIGHT, THAT'D BE HUGE. YEAH. THIS IS A, PERMITS AREN'T REALLY, I MEAN THIS IS AN IMMEDIATE DANGER. LIKE THIS HAS TO COME DOWN SO WE CAN'T WORRY ABOUT PERMITS AT THAT TIME. LIKE WE'RE, WE'RE LOOKING TO GET THIS THING ON THE GROUND. SO THE, THE MAIN, UH, HURDLE AND NOT EVEN HURDLES 'CAUSE WE HAVE 'EM READY TO GO, WOULD BE THE UTILITY SHUTOFFS. RIGHT. THAT'S THE MAIN HURDLE. UH, BUT WHILE THE UTILITY SHUTOFFS ARE HAPPENING, WE'RE LINING UP CONTRACTORS. YOU KNOW, WE'RE, WE'RE READY TO ROLL. OTHER QUESTIONS? NO, IT'S CONTINUE. IF, IF I MAY JUST INTERJECT HERE. I, I DO WANNA STRESS THAT THIS IS REALLY INTENDED FOR EMERGENCIES. I MEAN, FOR EXAMPLE, YOU HAVE A BUILDING IN IMMINENT DANGER OR THREAT OF COLLAPSING AND THE PUBLIC SAFETY IS TRULY AT ISSUE. UM, I WANNA EMPHASIZE AGAIN, IT'S REALLY THESE EMERGENCY TYPE CIRCUMSTANCES. THIS IS NOT INTENDED TO BYPASS OUR NORMAL PROCESS IN WHICH CITY STAFF BRINGS CASES BEFORE YOU AND FOR YOUR CONSIDERATION. AGAIN, THIS IS MORE OF A PROCESS DESIGNED TO ADDRESS THOSE HOPEFULLY RARE CIRCUMSTANCES WHERE WE JUST HAVE SOMETHING THAT NEEDS TO BE ADDRESSED AND WE DON'T HAVE TIME TO BRING IT BEFORE THE COMMISSION. SO JUST WANNA MAKE SURE WE'RE ALL ON THE SAME PAGE AS FAR AS AS THAT. THANK YOU. ANY OTHER QUESTIONS? ALRIGHT, MOVING TO FUTURE [FUTURE AGENDA ITEMS ] AGENDA ITEMS. THANK YOU ROBERT. YEP. OKAY. UM, WE HAVE TWO, WELL, I CAN WELL BRING, BRINGING THIS BACK IN SEPTEMBER TO MAKE A RECOMMENDATION WOULD BE, UH, THE FIRST, UM, THING THAT WOULD NEED TO GO ON THE FUTURE AGENDA ITEMS. AND THEN ALSO YOU DECIDED TO, UM, CONTINUE OR NOT TO CONTINUE, BUT POSTPONE ITEM NUMBER THREE, WHICH WAS, UM, JUBILEE 29 32 JUBILEE TRAIL. WE POSTPONED THAT. SO THAT WOULD BE COMING BACK IN SEPTEMBER. HOPEFULLY THE CITY BUS DOESN'T BREAK DOWN. PARDON? HOPEFULLY THE CITY BUS BREAK DOWN. I, I DIDN'T TAKE ANY OTHER DISCUSSION. MOTION TO ADJOURN. MOVED. MOVED TO ADJOURN. WE ARE ADJOURNED AT 9 41. THANK YOU EVERYBODY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.