* 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. YEAH. [Call to Order] [00:00:09] OKAY. UM, IT IS MAY 27 2020 AND I'M GOING TO GO AHEAD AND CALL THE MEETING OF THE BUILDING AND STANDARDS COMMISSION TO ORDER. UH, LET THE RECORD REFLECT THAT THE TIME IS SIX 39. I AM JESSICA MANGRUM, THE CURRENT CHAIR OF THE BUILDING STANDARDS COMMISSION. I AM NOW GOING TO TAKE ROLE OF THE OTHER COMMISSIONERS PRESENT TONIGHT. UM, COMMISSIONER FRYBERGER. UM, COMMISSIONER SHUT-IN. WHERE IS IT? UM, COMMISSIONER GREEN . COMMISSIONER AVILA. BROOKER. UM, COMMISSIONER . COMMISSIONER . YEAH. AND COMMISSIONER PRESENT. THAT'S, UH, I APOLOGIZE IF I WAS ONLY CLOSE. UM, UH, COMMISSIONER BARRERA, COMMISSIONER MUELLER, . UM, COMMISSIONER MUELLER. OKAY. AND UH, COMMISSIONER THOMPSON ON THE PHONE. OKAY. ALL RIGHT. SO TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA AND WE WILL CONSIDER TWO APPEALS AND 17 RETURNING CASES. THE RETURNING CASES WILL BE PRESENTED CONSECUTIVELY. THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA. HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF APPROPRIATE. ALL OF THE ATTENDEES AT THE HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO NOT AS TO IMPAIR OUR WORK THIS EVENING. UH, THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLEY AND UH, AUSTIN CODE INVESTIGATOR MARLINA RIGHT. WE'LL CALL EACH CASE ON OUR AGENDA FOR THIS MEETING BEFORE THE CASES ARE CALLED. I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER PUBLIC COMMENT ABOUT CASES ON THE AGENDA AND THEY WILL HAVE THREE MINUTES TO SPEAK. UM, INVESTIGATOR RIGHT WILL PRESENT THE CITY'S EVIDENCE AND WITNESSES AFTER EACH CITY WITNESS TESTIFIES. YOU OR YOUR ATTORNEY MAY ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER EACH CASE. AFTER EACH APPEAL CASE IS CALLED, THE CHAIR WILL ASK IF THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY IS PRESENT AND ON THE LINE AFTER THE PRESENTATION OF THE RETURNING CASES. I WILL ASK IF THE OWNER OR REPRESENTATIVE IS PRESENT FOR ON THE LINE TONIGHT AND AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL THEN HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE. WE'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE. AND WHEN THE TIMER GOES OFF AND INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST GO AHEAD AND CONCLUDE. AND WHO IS OUR DESIGNATED TIMEKEEPER THIS EVENING? DO WE HAVE SOMEONE THERE AT THE CITY? YES. WHAT WOULD YOU LIKE TO DO? WHAT WAS YOUR QUESTION? WHO WAS OUR TIMEKEEPER THIS EVENING? WE WILL TAKE CARE OF THAT HERE. OKAY, GREAT. THANK YOU FOR THREE MINUTES. CORRECT? UNLESS PRESENTER. OKAY. CORRECT. UM, AFTER YOU'VE PRESENTED YOUR WITNESSES INVESTIGATOR, RIGHT, MAY I ASK THE QUESTIONS OF THOSE WITNESSES ABOUT THEIR TESTIMONY AND AFTER YOU AND THE CITY HAVE BOTH PRESENTED YOUR EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE. BOTH SIDES AND MEMBERS OF THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES. AND AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND WE WILL VOTE ON A DECISION THIS EVENING. UH, THE COMMISSION'S DECISION WILL BE ANNOUNCED AND A COPY OF THAT DECISION WILL BE MAILED [00:05:01] TO YOU. THE DECISION OF THIS COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PRESCRIBED. IN THE TEXAS LOCAL GOVERNMENT CODE. IF YOU HAVE QUESTIONS ABOUT THE PROCEDURE, PLEASE ASK WHEN YOUR CASE IS CALLED WITNESSES. THIS EVENING WILL TESTIFY UNDER OATH AND ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THIS COMMISSION, UH, PLEASE GO AHEAD AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN. DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING AS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? I DO. YEAH. IF YOU OBJECT TO THE OATH, PLEASE STATE YOUR NAME AT THIS TIME. DOES ANYONE OBJECT TO THE OATH WHO INTENDS TO GIVE TESTIMONY TO SEE? WE'LL MOVE ON. UM, WE WILL GO AHEAD AND CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION AND I WILL TURN IT OVER TO INVESTIGATOR RIGHT AT THIS TIME. ALL RIGHT. THANK YOU CHAIR. I JUST WANT TO START AND REMIND EVERYONE THAT THERE IS NO CITIZENS' COMMUNICATION ALLOWED AT THE VIRTUAL MEETINGS, SO THE SUPPLIES TO ALL THE CITY BOARDS AND COMMISSIONS. AND ON THAT NOTE, I WOULD LIKE TO MOVE ON FOR THE APPROVAL OF THE MINUTES FROM THE FEBRUARY [Approval of Minutes] 26 2020 MEETING. A COPY OF THE COPY OF THE MINUTES IS IN THE GOOGLE DOCS FOLDER. SHOULD YOU NEED TO REVIEW THEM, PLEASE BE AWARE THAT THE COMMISSIONER'S NOT PRESENT AT THE FEBRUARY MEETING SHOULD ABSTAIN FROM THE BOATS. RIGHT. OKAY. WE HAVE A MOTION BY MR ALI TO APPROVE THE MINUTES AND COMMISSIONER FRYBERGER HAS SECONDED ANY DISCUSSION ON APPROVAL OF THE FEBRUARY MINUTES? UM, MS. WRIGHT, WHO ARE THE COMMISSIONERS SUITING TO ABSTAIN BECAUSE THEY WERE NOT PRESENT IN FEBRUARY. DO YOU KNOW? DON'T HAVE THAT LIST IN FRONT OF ME. MELANIE, MELANIE, ALLIE MAY. IF SHE'S ON THE LINE, I DO NOT HAVE THAT IN FRONT OF ME. I CAN TRY TO LOG ON IN A MINUTE AND TELL YOU THAT I DON'T KNOW. YEAH, IF YOU DON'T MIND ME INTERJECTING. I BELIEVE THAT PRISON AND I BELIEVE IT'S TRUE FOR, I WAS NOT PRESENT. THIS IS JOHN GRANNY. NOW THERE'S ACTUALLY A LIST OF WHO ATTENDED IN THE THE MINUTES. THAT'S, THAT'S TRUE. IF YOU LOOK AT THE MINUTES, LET'S SEE. ACCORDING TO THE MINUTES. JESSICA MANGRUM. ANDREA FREE BURGER. NATALIA SHOULD IN WORDY THOMPSON, EMPATHY STO SAID JAMES RACINO ABLOH OF ILA JOHN GREEN. LIZ MUELLER, AN EX-OFFICIO FIRE. MARSHALL TOM BULKY COMMISSIONERS STAYED ON THE BOAT DAY AND EDGAR FOREVER WERE ABSENT. AND THE SINCE. I'M SURE I BUTCHERED NAMES, I APOLOGIZE. UM, ALSO CITY CLERK'S OFFICE JUST SAID YOU COULD GO AHEAD AND VOTE. JERRY, YOU'RE MUTED. OKAY. ALL IN FAVOR OF APPROVING MINUTES FROM FEBRUARY, SAY AYE OR RAISE YOUR HAND TOO SIGNIFICANTLY. HI. OKAY. WE HAVE MORE THAN A FORUM ON THAT SO THE MINUTES ARE APPROVED. ALL RIGHT. THANK YOU, CHAIR. A CHAIR COMMISSION. I JUST WANT TO LET EVERYONE KNOW THAT THERE HAS BEEN A CHANGE TO THE AGENDA. ITEM NUMBER TWO, THE STR APPEAL, NINE OH ONE EAST 13TH STREET HAS BEEN WITHDRAWN. SO WE'RE GOING TO BEGIN WITH THE PUBLIC COMMENT FOR THE VIRTUAL MEETINGS ONLY. WE ARE HEARING ALL PUBLIC COMMENT BEFORE WE CALL THE CASES AND BY PUBLIC COMMENT, I'M REFERRING TO ANYONE HERE TO SPEAK ON AN ITEM ON TONIGHT'S AGENDA WHO IS NEITHER THE APPEALANT OR PROPERTY OWNER OR THE OWNER'S REPRESENTATIVE. I BELIEVE WE HAVE SEVERAL PEOPLE [Item 1] LINED UP TO SPEAK ON THE FIRST STR APPEAL ON THE AGENDA. [00:10:11] OKAY. IS THAT THE WOMEN? YES, I'M HERE. OKAY, GO AHEAD. OKAY. THANK YOU. UM, MY NAME IS ELENA GREEN. I'M SPEAKING ABOUT CASE NUMBER TWO TWO FIVE ZERO ZERO ONE APPEAL OF SDL LICENSE DENIAL AT 10 15 EAST 12TH STREET. I AM A NEIGHBOR OF TWO OTHER STR PROPERTIES OPERATED BY AFFINITY VILLA LLC WITH SHARE A CONDO LAW IMMEDIATELY ADJACENT TO MY HOME. I WANT TO SHARE MY EXPERIENCE OF LIVING NEXT TO SHORT TIME RUN BY THIS OPERATOR. THE PROPERTY NEXT DOOR BEGAN OPERATING WITHOUT A LICENSE IN A SILVER 2019 AND MY FAMILY IMMEDIATELY BEGAN EXPERIENCING FREQUENT AND SIGNIFICANT DISTURBANCES. AS A RESULT, BOTH UNITS HAVE OUTDOOR AREAS WITH HOT TUB DIRECTLY UNDER OUR BEDROOM WINDOWS IN WHICH MOST WEEKENDS, PEOPLE WHO PARTY AT ALL HOURS OF THE NIGHT AND REPEAT VIOLATION OF THE CITY'S ORDINANCE. WE'VE OVERHEARD FOUR VOLUME CONVERSATIONS ABOUT PURCHASING COCAINE, WITNESS LOUD SEX IN THE HOT TUB AND HAVE HAD CONFRONTATION WITH FEW JUST WITH THE OCCUPANTS. I PROVIDED A VIDEO SHOWING THE KIND OF ACTIVITY THAT REGULARLY TOOK PLACEMENTS OR BETWEEN OCTOBER AND MARCH I SUBMITTED SEVERAL COMPLAINTS TO AIRBNB, SO THE NEIGHBOR'S CLASSROOM AND NO AIRBNB INFORMED US OF THE ISSUE WITH NOT BEING WAS DOWN FOR RESULTS AND WITH MOST OF THE SCENARIOS WE HAVE TO CALL THE POLICE FIVE SEPARATE OCCASIONS AND SUBMITTED A TOTAL OF 17 CALLED COMPLAINTS FOR NOISE AND TRASH. ON JANUARY 24TH AND FEBRUARY 20TH WE RECEIVED EMAILS FROM THE OWNER'S ATTORNEY. IN FACT, NAMING, NAMING CORINNE HUDA AS THE CONTACT FOR THE MANAGEMENT COMPANY. THE EMAILS OUTLINES MEASURES THAT WERE SUPPOSEDLY BEING TAKEN TO ADDRESS THE DESCRIBED ISSUES LIKE UPDATING HOUSEHOLDS AND INSTALLING NOISE MONITORS THROUGHOUT THE PROPERTIES. HOWEVER, THESE MEMBERS WERE EITHER NEVER IMPLEMENTED OR HAVE ZERO MEASURABLE EFFECTS ON THEIR CUSTOMERS. DIFFERENT BEHAVIOR. MR. WILSON ALSO PROMISED THE HOT TUB WILL BE SHUT DOWN, BUT ONE REMAINS OPERATIONAL AND STILL BEING ADVERTISED BECAUSE NONE OF THESE YOUTH ARE OWNER OCCUPIED IS EVER PRESENT ON SITE TO ACTUALLY FOURTH HOUSEHOLD OR INSURED BEFORE YOU CONSISTENT WITH A RESIDENTIAL NEIGHBORHOOD THAT HAS NOT ONLY REPEATEDLY VIOLATED AUSTIN STR ORDINANCE, US REGARD FOR THE EFFECTS THEIR BUSINESS IS HAVING ON THE COMMUNITY AND FAIL TO TAKE EFFECTIVE STEPS TO CORRECT THESE SERIOUS ISSUES. LIVING NEXT TO SDRS OPERATED BY AFFINITY BELLA HAS HAD, HAS AFFECTED MY FAMILY'S ABILITY TO LIVE COMFORTABLY AND SAFELY IN OUR HOME. I HOPE THE COMMISSION CONSIDERED OUR EXPERIENCE AND HIS DECISION REGARDING THIS LIFETIME LICENSE FOR THE OPERATOR. THANK YOU. THANK YOU VERY MUCH FOR YOUR TESTIMONY, MS. RIGHT. DO WE, I HAVE THE OPPORTUNITY TO ASK QUESTIONS OF THE WITNESS AT THIS TIME. ELLEN, CAN YOU PLEASE ANSWER THAT? WHAT WAS THE YES, I THINK SO. YES, YOU'RE, YOU'RE WELCOME TO ASK QUESTIONS TO THE CALL. MICHELLE FREIBERGER HAS A QUESTION. MS GRACE, ARE YOU STILL THERE? YES, I AM. OKAY, GO AHEAD. UM, COMMISSIONER FRYBERGER HAS A QUESTION FOR YOU. HELLO MS. GRAY. MY QUESTION, IT WASN'T ENTIRELY CLEAR AND IT PROBABLY WILL BECOME MORE CLEAR AS WE HEAR THE CITY'S CASE AND THE APPLE LUMPS PACE AS WELL. BUT THE PROPERTY YOU ARE COMPLAINING ABOUT THE TWO LIVE RIGHT NEXT DOOR TO THAT. IS THE SUBJECT PROPERTY FOR THIS CASE OR IS THIS JUST ANOTHER PROPERTY OWNED BY THE SAME GROUP? UH, THE, THE PROPERTIES OF THE DOOR ARE NOT PART OF THE CASE. ONE OF THE ONES THAT'S THE ONE THAT WAS DROPPED AT THE LAST MINUTE. UM, HOWEVER, THE OFTEN CALLED DEPARTMENT IS ALLIED TO LICENSE BASED ON THE PENUMBRA VIOLATION BY THE OPERATOR. AND I WAS TOLD THAT MY TESTIMONY REGARDING LIVING NEXT TO OTHER PROPERTIES THAT ARE MANAGED BY THE SAME OPERATOR WILL BE HELPFUL. THAT MAKES SENSE. THANK YOU. ALL RIGHT. ANYTHING ELSE FROM THE COMMISSIONERS OF THIS WITNESS? SEEING? I'M SEEING NONE. I BELIEVE [00:15:01] OUR NEXT WITNESS IS REGINA REN. IS THAT RIGHT? YES, I'M HERE. OKAY, GO AHEAD. YOU HAVE THREE MINUTES. OH, I DON'T HAVE ANYTHING TO SAY RIGHT NOW BECAUSE I REALLY DON'T KNOW THE DETAILS SURROUNDING THE ISSUE. SO I'LL WAIT AND LISTEN AND, YES, I'M SORRY, MR RON WAS, UH, I BELIEVE HERE TOO. UM, ON BEHALF OF HER FATHER, WHICH I BELIEVE THAT ADDRESS WAS ONE, ONE, THREE, NINE MEN CELL. THAT IS CORRECT. OKAY. UM, AND YOU HAVE TESTIMONY TO GIVE ABOUT THIS PROPERTY? I THINK ALL OF THE FOLKS WHO ARE NOT EITHER THE PROPERTY OWNER OR UM, AFFILIATED WITH THE CODE DEPARTMENT ARE SUPPOSED TO GIVE THEIR TESTIMONY NOW IS RIGHT. YES. THE, THE OWNERS ARE SIGNED UP FOR THE AGENDA ITEMS THREE THROUGH 17. WE'LL HAVE AN OPPORTUNITY TO SPEAK AFTER, UH, AFTER WE INTRODUCE THOSE CASES. RIGHT NOW. SHE JUST BE THE COMMENTS FOR THE STR CASE AT 10 15 EAST 12TH STREET. THIS IS MELANIE. I WANTED MELANIE ALLEY. MS WREN SIGNED UP AS A FOR PUBLIC COMMENT, SO SHE WOULD NEED TO SPEAK NOW. OKAY. YES. YES, I SIGNED UP FOR, UH, TO REPRESENT MY, UH, FATHER AND HIS INTEREST, UM, AS A PROPERTY OWNER, UM, AGAIN, I HAVE BEEN UNCLEAR AS TO WHAT, YOU KNOW EXACTLY WHAT I NEEDED TO DO AND WHAT THE ISSUES ARE. I DEFINITELY WANT TO BE ABLE TO RESPOND, UM, WHEN NECESSARY TO WHATEVER IS GOING ON. CAUSE I DON'T KNOW AND THAT'S WHY I'M HERE. OH, OKAY. MELANIE, IT SOUNDS LIKE SHE IS SIGNED UP ON BEHALF OF HER FATHER WHO IS THE PROPERTY OWNER OF CASE? UM, I THINK THE PROBLEM IS THAT SHE DIDN'T EVER SPEAK TO ME AND IDENTIFY, YOU KNOW, SHE CALLED IN AS A INTERESTED PARTY, BUT WE NEVER CLARIFIED WHAT HER ROLE WAS. AND SO SHE WAS SIGNED UP AS A PUBLIC COMMENT SPEAKER. WE COULD WAIT AND LET HER SPEAK DURING THE AGENDA ITEM IF SHE'S REPRESENTING HER FATHER. YEAH, THAT'S FINE. OKAY. WE'LL DO THAT. OKAY. YEAH. LET'S SEE. IT LOOKS LIKE THERE'S SEVERAL OTHER PEOPLE ALSO SIGNED UP ON THE PUBLIC COMMENT LIST FOR THE SAME PROPERTY. LONNIE RAN SENIOR ELVIN REN BELIEVE. YES, YES. MY BROTHERS AND MY MOTHER, THEY WERE TOLD THAT THEY WERE NOT GOING TO BE ALLOWED TO SPEAK. SO, UM, RIGHT NOW THEY'RE STILL AT WORK AND SO I'M JUST GOING TO BE REPRESENTING ON MY FATHER. UM, THEY'RE NOT GOING TO SPEAK RIGHT NOW. OKAY. WELL WE'LL GET TO YOU THEN WHEN WE CALL THAT CASE. ALRIGHT. UH, MARLENA, WHAT ARE WE WANNA MOVE TO NEXT TO ANYBODY SIGNED UP ON UNDER PUBLIC COMMENT FOR THE STR APPEAL? WAS SHE THE ONLY ONE THAT WAS, ARE WE READY TO MOVE FORWARD? THIS IS MELANIE. SHE'S THE ONLY PERSON THAT WAS SIGNED UP FOR ANY OF THE CASES FOR PUBLIC COMMENT. SO THAT'S IT. YOU CAN MOVE ON TO THE CASES. ALL RIGHT, LET'S MOVE ONTO THE FIRST ITEM ON THE AGENDA. THE FIRST ITEM ON THE AGENDA IS AN APPEAL. THE CASE NUMBER IS O L 2019 TWO TWO FIVE ZERO ZERO ONE IT IS THE BURNT ORANGE COLORED BOOK IN YOUR GOOGLE DOCS FOLDER. THE ADDRESS FOR THE PROPERTY IS 10 15 EAST 12TH STREET. THE APPELLANTS ARE THE OWNERS OF THIS PROPERTY TO ROBYN AND ROSINA S VALLA AND THE REPRESENTATIVE VITO ROTUNNO. THIS APPEAL IS REGARDING AUSTIN CO DEPARTMENT'S DENIAL OF A TYPE ONE SHORT TERM RENTAL LICENSE. IN YOUR GOOGLE DOCS FOLDER, YOU'LL FIND STAFF EXHIBITS ONE AND TWO. EXHIBIT ONE CONTAINS MAPS OF THE PROPERTY, A SIN CODES DENIAL LETTER, THE PROPERTY OWNER'S APPEAL LETTER. AND THE NOTICE FOR TONIGHT'S HEARING AS WELL AS THE REQUIRED POSTINGS. AND EXHIBIT TWO, WHICH CONSISTS OF A CONTEXTUAL PHOTO OF THE PROPERTY SUPPORTING DOCUMENTS PERTAINING TO AUSTIN COATS. DECISION TO DENY THE TYPE ONE LICENSE AND AUSTIN CODES. RECOMMENDATION, LICENSING [00:20:01] MANAGER LISA DE ROCHE IS HERE TONIGHT TO PRESENT THE CASE THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS, THE SPECIFICS THAT LED UP TO THE DENIAL. MR. ROACH, PLEASE BEGIN YOUR TESTIMONY. THANK YOU. UH, MELANIE, IF YOU COULD PLEASE GO TO THE SLIDE OF THE CODE SECTION. GOOD EVENING, COMMISSIONERS. MY NAME IS LISA AND I AM THE ADMINISTRATIVE MANAGER FOR THE CITY OF AUSTIN CODE DEPARTMENT OVERSEEING LICENSING AND REGISTRATION. I'M HERE THIS EVENING TO TESTIFY REGARDING THE TYPE ONE LICENSE DENIAL FOR NINE OH ONE EAST 13TH STREET. THIS LICENSE WAS DENIED BECAUSE THE OPERATOR HIRED BY THE OWNERS AFFINITY VILLA LLC, REGISTERED AGENT KAREEM HUDA, HAD A HISTORY OF REPEATED OFFENSES AT THE SHORT TERM RENTAL PROPERTIES THAT THEY MANAGE. UH, MS GRAY'S TESTIMONY WAS RELATED TO A PROPERTY THAT SHE LIVES NEXT DOOR TO THAT AFFINITY VILLA MANAGES, BUT NOT THIS SPECIFIC APPEAL PROPERTY. ALTHOUGH THERE IS ONLY A SINGLE APPEAL BEFORE YOU THIS EVENING. THERE ARE THREE PROPERTIES IN THIS NEIGHBORHOOD THAT ARE MANAGED BY AFFINITY VILLA TWO UNLICENSED AND ONE LICENSED. THEY NEED THE GOOGLE DOCS. YES, I AM. SO SORRY TO INTERRUPT, BUT DID YOU SAY YOU'RE NOW GIVING THE CITY'S CASE ON NINE OH ONE EAST 13TH STREET. MY APOLOGIES. MY APOLOGIES. IT IS 10 15 EAST 12TH. UH, I WAS GOING TO GIVE THE SAME TESTIMONY FOR BOTH APPEALS. I APOLOGIZE. I DID NOT UPDATE THAT ADDRESS IN MY NOTES IN YOUR GOOGLE DOCS EXHIBIT TWO YOU'RE GOING TO FIND THE CODE SECTION RELATED TO REPEAT OFFENSES UNDER WHICH THIS LICENSE WAS DENIED. I'D LIKE TO DRAW YOUR ATTENTION TO SECTION B OF 25 TWO SEVEN NINE SEVEN WHICH SETS OUT THE CRITERIA FOR DENIAL OF LICENSES FOR A PERIOD OF 12 MONTHS DUE TO REPEAT OFFENSES. THE CODE STATES IF THE DIRECTOR FINDS THAT AN OWNER OR A PERSON IN CONTROL OF A PROPERTY VIOLATED SECTION 25 TO SEVEN 94 GENERAL REQUIREMENTS FOR SHORT TERM RENTALS AT LEAST TWICE IN A 12 MONTH PERIOD. THE DIRECTOR MAY DENY AN APPLICATION FOR SHORT TERM RENTAL LICENSE FOR A PERIOD OF 12 MONTHS. MELANIE, IF WE COULD GO TO THE NEXT SLIDE TITLED KAREEM HUDA, AFINITY VILLA LLC, NOV AND CITATION. THIS SLIDE DETAILS THE NOTICES OF VIOLATION AND CITATIONS THAT HAVE BEEN ISSUED AT PROPERTIES MANAGED BY AFFINITY VILLA AND KAREEM HUDA DURING THE 12 MONTHS PRIOR TO THE APPLICATION BEING RECEIVED. AS YOU CAN SEE, EACH OF THE THREE PROPERTIES MANAGED BY THIS COMPANY HAVE BEEN CITED OR NOTIFIED OF VIOLATIONS TWICE, MEANING FOUR EIGHT TOTAL OF SIX CONFIRMED VIOLATIONS ISSUED TO THIS OPERATOR THREE TIMES THE ORDINANCE THRESHOLD FOR DENIAL OF THE LICENSE FOR A PERIOD OF 12 MONTHS. WHILE THIS SLIDE DEMONSTRATES HOW THE OPERATOR AND THE INDIVIDUAL PROPERTIES MEET THE ORDINANCE REQUIREMENTS FOR LICENSE DENIAL, IT DOES NOT TELL YOU THE WHOLE STORY OF WHY THESE LICENSES WERE DENIED. IF WE COULD GO TO THE NEXT SLIDE, THERE HAVE BEEN 39 CALLS FOR SERVICE FROM THE AUSTIN CODE DEPARTMENT AND AUSTIN POLICE DEPARTMENT IN THESE LOCATIONS IN THE PAST YEAR. THESE VIOLATIONS WERE RELATED AND CALLS WERE RELATED TO IRRESPONSIBLY OPERATING AN ILLEGAL STR, WHICH INCLUDES DISORDERLY CONDUCT, TRASH AND DEBRIS, NOISE PARTIES, PARTIES, AND POTENTIAL ILLEGAL ACTIVITY. THESE TWO CITY AGENCIES HAVE BEEN DISPATCHED TO THESE LOCATIONS 39 TIMES AND AVERAGE OF 3.25 TIMES PER MONTH OR NEARLY ONCE A WEEK. AFFINITY VILLA MANAGED PROPERTIES ARE USING A DISPROPORTIONATE AMOUNT OF LIMITED PUBLIC SAFETY RESOURCES AND THIS STILL ISN'T THE WHOLE STORY. MELANIE, IF WE COULD GO TO THE NEXT SLIDE. THIS IS AN ADVERTISEMENT FOR 10 15 EAST 12TH STREET THAT I PERSONALLY SAVED FROM THE INTERNET ON THE 11TH OF THIS MONTH IN EIGHT. YOU CAN CLEARLY SEE THAT THE PROPERTY IS ADVERTISED AS A PURPOSE BUILT S T R RUN BY HOTELIERS, UNCLUTTERED BY PERSONAL BELONGINGS. THEY'RE ADVERTISING THAT THE PROPERTY IS FULLY LICENSED BY THE CITY, WHICH WE ALL KNOW IS NOT TRUE SINCE THIS APPEAL THAT WE'RE HEARING THIS EVENING IS RELATED TO THE DENIAL OF THE LICENSE. SO NOT ONLY DOES AFFINITY VILLA CONTINUE TO ILLEGALLY ADVERTISE THIS PROPERTY, THE ADVERTISEMENTS CONTAIN FALSEHOODS RELATED TO THE PROPERTY BEING LICENSED. AFFINITY VILLA AND KAREEM HUDA HAVE PROVEN OVER THE PAST YEAR THAT THEY ARE REPEAT OFFENDERS THAT HAVE ACTED WITHOUT REGARD [00:25:01] FOR THE REQUIREMENTS OF THE SHORT TERM RENTAL ORDINANCE, THE NEIGHBORHOOD IN WHICH THEY OWN PROPERTY OR THE SAFETY AND WELFARE OF THE PEOPLE WHO LIVE THERE. IF THESE PROPERTY OWNERS WISH TO OPERATE AN STR WITHIN THE CITY OF AUSTIN, WE ASK THAT THEY ENGAGE A MANAGEMENT COMPANY THAT DOES NOT HAVE A HISTORY OF REPEATEDLY VIOLATING THE SHORT TERM RENTAL ORDINANCE. AND THIS CONCLUDES MY TESTIMONY. STOP ASK THE COMMISSION TO ADMIT EXHIBIT ONE AND EXHIBIT TWO STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS PROPERTY AND AFFIRMED STAFF'S DECISION TO DENY THE TYPE ONE SHORT TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL. COMMISSIONERS, THIS IS A GIANT GRAIN. I SUPPORT THE RECOMMENDATIONS OF THE STAFF AND A CODE. HEY, CAN WE REPEAT THE QUESTION OF THE CODE OFFICER BY THE NAME OF THE COMMISSIONERS DOES NOT LOOK LIKE IT. OKAY. UM, DID WE HAVE A WITNESS ON BEHALF OF THE HELLO PROPERTY OWNER TONIGHT? UH, YES YOU DO. THIS IS VITO ROTUNNO. OKAY. AND I MAY I START? YES, YOU MAY PROCEED. OKAY. GOOD EVENING. AND, UM, I WOULD LIKE TO, I'VE SAT AND LISTENED TO THE TESTIMONY OF ELENA GRAY AND THIS LISA WROTE, EXCUSE ME SIR. CAN YOU SPEAK DIRECTLY INTO THE PHONE? I'M HAVING A LITTLE BIT OF A HARD TIME HEARING YOU. OKAY. CAN YOU HEAR ME BETTER NOW? YES, THAT IS BETTER. VERY GOOD. I WAS LISTENING TO THE BOATS AND I'VE TAKEN NOTES ON IT AND IT APPEARS TO ME THAT BOTH OF THEM ARE REFERRING TO THE NINE OH ONE EAST 13TH STREET AS THE, AS THE 10 15 EAST 12TH STREET EAST 12TH STREET VERSUS THE NINE OH ONE EAST 13TH STREET IS SEVERAL BLOCKS AWAY AND ONE HAS NOTHING TO DO WITH THE OTHER, UH, THIS, UH, THE ROCHE IS ALSO CONFUSED AND SHE'S ALSO UNINFORMED. UM, I HAVE BEEN AVAILABLE FOR MR ROCHE OR ANY INVESTIGATOR. SO, UM, FOR NOVEMBER 4TH, ALL THE WAY TO FEBRUARY 26, I HAVE DOCUMENTED OVER TWO EMAILS TO THE CDC DEPARTMENT AND THE MYSTICAL ROSHAN, DAN, UM, DAN ARMSTRONG AND I FREQUENTLY SPEAK WITH, UH, CDC OFFICERS AND AFFINITY ROLLERS HAS NOTHING TO DO WITH 10 15. IN FACT, INFINITY VILLAS IS PART OF YOUR GORILLA IS NOT A MANAGEMENT COMPANY WITH A SHELL COMPANY THAT NO LONGER HOLDS THE ASSET. IT FORMERLY OWNED NINE OH ONE EAST 13TH STREET AND IS DOING, HAS NOT OWNED IT SINCE OCTOBER, I BELIEVE, OCTOBER, 2019. AND IT IS NOT MANAGED BY, UH, UH, CREAM HUDA CREAM. HUDA WAS A REGISTERED AGENT FOR IT AND IT'S A NON-ACTIVE COMPANY. THE 10 15 EAST 12TH STREET IS, UM, MANAGED BY THE PROPERTY OWNERS AND MYSELF. AND I HAVE, I WAS PART OF THE TRANSACTION. SO I'M COMING TO YOU AS NOT JUST A REPRESENTATIVE OF THE OWNERS. UM, SO GRUDEN PAULA AND ROSINA, BALA, I'M SPEAKING TO YOU ALSO AS A FACT WITNESS THAT I WAS INVOLVED IN THE TRANSACTION INVOLVING THEIR TAMPA HOME AND THEIR, UH, THE AUSTIN HOME TAKEOVER FROM THEIR SON. UH, UNFORTUNATELY, UH, MAYBE BECAUSE OPPRESSIVE WORK OR, UH, NOT UNDERSTANDING, UH, LEGAL RECORDS THAT ARE PULLED UP RANDOMLY OFF THE SECRETARY OF STATE WEBSITE. PEOPLE DO NOT UNDERSTAND WHAT A COMPANY, PARTICULARLY A COMPANY DOES. I DID NOT HAVE THE BENEFIT OF HAVING ANY AF BRUTUS MEANT THAT'S BEFORE YOU, BUT I DON'T BELIEVE IT'S THE 10 15 ADVERTISEMENT. UM, I WOULD ALSO LIKE TO ASK YOU TO STRIKE THE INFORMATION FROM ELAINA GRAY. UH, SHE WAS ONLY INFORMED OTHER THAN HER PERSONAL OBSERVATIONS [00:30:01] SHE MAY HAVE HAD WITH RESPECT TO, UM, 901 EAST 13TH STREET AND THE PROPERTY NEXT TO IT, WHICH IS ONE OH ONE TWO OH SEVEN OLD LANDER, THEY ARE A QUARTER LOCKS JOINED TOGETHER AND THEY EACH HAD HOT TUB. BUT I BELIEVE BOTH OF THOSE WERE SHUT DOWN UNLESS THEY WERE JUST RECENTLY OPENED THIS PAST WEEKEND AS WE, UH, ONE OF THE PROPERTIES, THE NINE OH ONE PROPERTY WAS AT LEAST FOR A YEAR. SO I'M NOT SURE WHERE MS. GRAY IS COMING FROM OTHER THAN HER HUSBAND IS PROBABLY AND HERSELF HAVE PROBABLY MADE OF THE 35 CALLS THAT HAVE COME IN, PROBABLY 30 OF THEM ARE FROM UH, UH, EITHER OF THOSE PARTIES BECAUSE I SPEAK TO THE CODE COMPLIANCE OFFICERS REGULARLY AND IT'S ALWAYS THE SAME PEOPLE THAT ARE COMPLAINING ABOUT TO A POINT WHERE THEY COMPLAIN THE COMPLAINTS ARE FRIVOLOUS AND THEY'RE JUST MAKING A RECORD. UM, IT'S BEEN VERY DIFFICULT. WE HAVE, UM, BUT LET ME NOT, LET ME NOT GO INTO NINE OH ONE. I KNOW THE HISTORY OF IT CAUSE I'VE TRIED TO HELP THE PEOPLE, UM, AMELIORATE THE SITUATION. BUT LET'S FOCUS ON 15 BE HERE ON NOVEMBER 13TH, WHICH I APPEARED AT. SIR, YOUR TIME IS EXPIRED AT THIS POINT. UM, SO, UM, I'M GOING TO OPEN IT. MAYBE I'VE SUBMITTED DECLARATIONS, I'VE SUBMITTED A NOTICE. I'VE AMENDED NOTICE. I HAVE GIVEN ALL THE FACTS. IF, UH, I HAVE A MULTITUDE OF DOCUMENTS. IF ANYONE WAS TO EVER ASKED ME FOR HIM, I COULD GIVE THEM AN ASK YOU THAT STRIKES A LINDA GRADE'S TESTIMONY AND PLEASE, UH, AND I WOULD HAVE TO SAY, UM, I'LL, I'LL DO RESPECT TO MS DEROSA. I'M SURE SHE HAS A PRESSING JOB, BUT HER FATS ARE REALLY, UM, UNFOUNDED. SO THANK YOU VERY MUCH FOR ALLOWING ME THE TIME TO SPEAK. AND UM, I HOPE YOU COME TO A DECISION BASED UPON WHAT'S BEFORE YOU IN FACT, AND I'M NOT GENERAL STATEMENTS. OKAY. I'M GOING TO OPEN IT UP TO ANY COMMISSIONERS WHO MIGHT HAVE QUESTIONS FOR THIS WITNESS. I WOULD, I WOULD APPRECIATE THAT. THANK YOU VERY MUCH. SURE. OR WHAT DOES ANYONE HAVE ANOTHER A QUESTION? COMMISSIONER FRYBERGER YES, I DO. FOR THE OWNER OR I'M SORRY, THE OWNER'S REPRESENTATIVE. UM, SO WHEN, WHEN WAS THIS PROPERTY PURCHASED BY THE CURRENT OWNERS AGAIN, DID YOU SAY AUGUST OF 2019? NOPE. NOPE. THE PROPERTY WAS PURCHASED. THERE WAS A TRANSACTION INVOLVING A TAMPA RESIDENCE IN WHICH THEY WERE LIVING AND THERE WAS AN ARRANGEMENT MAY BETWEEN THEM AND THEIR SON TO COME TO LIVE IN AUSTIN TO BE NEXT TO THEIR GRANDSON. GRANTED ONE YEAR OLD. SO THERE WAS A LITIGATION INVOLVING THEIR TAPPER PROPERTY, WHICH I PERSONALLY TOOK CARE OF AND I ACTUALLY WAS INVOLVED IN THE FUNDING AND THE BUYOUT AND THE TRANSACTION WORK SO THAT THERE WERE TWO INDIVIDUAL, UM, PURCHASE, UH, TRANSFERS OF TITLE THE PROPERTY. ON OCTOBER 30TH, 2019 50% WAS TRANSFERRED FROM THE SON AND HIS WIFE TO HIS PARENTS. SHE SUED HIM, A SUPERMAN AND ROSINA VALA. ON FEBRUARY 3RD, THE SECOND HALF WAS TRANSFERRED. SO WE THAT A HUNDRED PERCENT IN BEFORE OWNERS. AS OF FEBRUARY 3RD ON THE, ON NOVEMBER 17TH, I APPEARED AT THE HEARING FOR THE, THE SON AND HIS WIFE. AND THIS WAS, WAS GIVEN FOR, I GAVE FULL TESTIMONY REGARDING THIS TRANSACTION AND THE RELATIONSHIP. AND I SAID THAT THE VAULT JUST CAME IN TOWN, GOT THEIR LICENSES, DRIVER'S LICENSES, AND WE'RE SUBMITTING A APPLICATION, WHICH THEY DID, I BELIEVE THREE OR FOUR DAYS LATER. UH, THE COMMISSION UNDERSTOOD THE SITUATION. YOU ONLY ASSESSED A $500 FINE PLUS $120 ASSESSMENT. AND THE MATTER WAS OVER. THE PROPERTY HAS NEVER, IN FACT AT THE HEARING, THE DANIEL, UM, PROBABLY DOING BLOCKING HIM. UH, THE CODE OFFICER TESTIFIED TO THE ATTACK THAT THE PROPERTY WAS IN COMPLIANCE SINCE HIS TESTIMONY, WHICH WAS BEFORE, WHICH WAS REALLY LAUGHTER. THEY WERE UH, UM, THEY HAD RECEIVED THE PROPERTY. THE PROPERTY HAS NEVER BEEN ADVERTISED SO I DON'T KNOW WHAT IS, UH, [00:35:02] VIOLATIONS ARE STATING THAT THEY WERE FOR ADVERTISING. AND THIS WAS IN APRIL, IN MAY THIS YEAR, WHICH WAS CERTAINLY AFTER THE PARENTS GAIN FULL OWNERSHIP. I TESTIFIED TRUTHFULLY THAT I DID PERSONALLY PULL THAT 12TH STREET ADVERTISEMENT OFF OF AIRBNB ON THE 11TH OF THIS MONTH. OKAY. IF YOU, IF YOU WOULD LOOK AT IT, THE PROPERTY WAS RENTED FOR SIX MONTHS. IF YOU LOOK AT THE RENTAL, IT'S ONLY FOR, UH, 30 PLUS 31 DAYS PLUS. THAT IS NOT A SHORT TERM RENTAL REQUEST TO SO PLEASE READ THE DETAIL AND THAT WAS RENTED IMMEDIATELY. AND IT'S A PURPOSE BUILT. S. T. R IT'S A PURPOSE BUILT STR RUN BY HOTELIERS ACCORDING TO YOUR OWN ADVERTISEMENT. AND IT'S NOT OWNER OCCUPIED. I, I'VE NEVER SEEN THE AD. CAN YOU TELL ME, UM, WHAT IS THE DATE OF THE, OF THE AD? I TOOK IT OFF THE INTERNET ON THE 11TH OF THIS MONTH. ROBINSON MAY? YES. 11. I DON'T KNOW HOW YOU COULD HAVE DONE THAT BECAUSE THE PROPERTY WAS RENTED, UM, WEEKS AGO AND IT WAS UP. AND IF YOU LOOK AT THE RENTAL, IT'S, OH, IT'S FOR A 30 DAY, 30 DAY PLUS RENTAL WAS NO SHORT TERM RENTALS. THAT WAS A SPECIFIC REASON FOR THAT. SO I'M NOT SURE MR ROCHE, WHERE YOU FOUND THAT. AND ALSO I WOULD SUGGEST THAT YOU REALLY, I DON'T NOT KNOW WHY YOU HAVE NEVER CONTACTED ME REGARDING, UM, THE CREAM HUDA CREAM HOOD. I HAS NO MANAGEMENT OVERSIGHT ON THAT PROPERTY BETWEEN THE TIME BETWEEN THE TIME THEY RECEIVED THE PROPERTY AND THE LICENSE WAS GRANTED AND LICENSE WAS DENIED. CORRECT. THE LICENSE WAS DENIED, BUT THE APPLICATION WAS SUBMITTED WITH AFFINITY VILLA LLC, KARIM HUDA REGISTERED AGENT. OH NO, NO. AS THE OPERATORS ON THE APPLICATION AND AUTHORIZED BY THE OWNERS, IF THE OWNERS WISH TO OBTAIN A LICENSE, THEY WILL NEED TO REAPPLY WITH A DIFFERENT OPERATOR UNLESS THE COMMISSION DECIDES OTHERWISE. OKAY. OKAY. THE 10 15 APPLICATION THAT WAS FILED ON NOVEMBER 15TH I BELIEVE WAS FILED BY TWO RUDIN AND ROSINA VALA ONLY THE KAREEM HUDA WAS PUT DOWN AS A CONTACT PERSON. SO IF THERE WERE ANY MEL DELIVERIES THAT HE COULD GIVE THEM TO ME ON SHORT ORDER WITHOUT HAVING TO WAIT FIVE DAYS FOR THEM TO BE MAILED TO ME IN CALIFORNIA. MS MR MR ROTUNNO? YEAH, I AM SPEAKING. MR. ROACH, DO WE HAVE A COPY OF THAT APPLICATION FROM NOVEMBER IN OUR EXHIBITS? YOU DO NOT. I APOLOGIZE. OKAY, THANK YOU. OKAY. I HAVE IT AND I THOUGHT THAT WOULD BE PART OF THE EVIDENCE BEFORE THE COURT. I THOUGHT THE COURT FILED WOULD BE THEIR PARDON? PARDON ME? I THOUGHT THE CODE FILE WOULD BE THERE. EXCUSE ME. IT WAS MISNOMER, BUT I COULD TELL YOU SPECIFICALLY CAUSE I HELPED PREPARE IT. IT'S FOR THE APPELLANT AND NO ONE ELSE AND CREAM. HUDA IS A CONTACT PERSON ONLY ON AFFINITY VILLA CREAM. HUDA IS A REGISTERED AGENT. THIS PROPERTY HAS RECEIVED TWO VALIDATED NOTICES OR CITATIONS WITHIN THE PAST 12 MONTHS AND MEETS THE THRESHOLD FOR DENIAL OF THE LICENSE FOR A PERIOD OF 12 MONTHS. MMM. ANY OTHER QUESTIONS BY THE COMMISSIONERS OF EITHER OF THESE WITNESSES? OKAY. THIS IS GOOD. I HAVE A QUESTION OF A DRUNK RING OF QUESTION OF THE PROPERTY OWNER. UM, THERE'S A LOT INVESTED IN THIS. WHY DIDN'T YOU GUYS DO SOME MORE ADDITIONAL DUE DILIGENCE AND MAKING SURE THAT, UH, YOU HAD, UH, UH, NO CLAIM PROPERTY IN THAT OPERATION. OKAY. UM, YOU KNOW, I'M SORRY, MAYBE IT'S, MAYBE IT'S JUST THE CONNECTION. COULD YOU KINDLY RESTATE THE QUESTION? WHY DIDN'T YOU DO ADDITIONAL DUE DILIGENCE WHEN YOU PURCHASED THE PROPERTY OR TOOK CONTROL OF IT? THE PROPERTY WAS PART OF A TRANSACTION WHERE THE FORMER OWNERS ARE RELATED TO THE APPELLANT. THEY'RE THE PARENTS OF THE, UH, UH, THE SON, [00:40:01] THEIR SON WHO WAS THE FORMER OWNER. IT WAS PART OF A TRANSACTION WHERE THEY BECAME RESIDENTS OF AUSTIN. AND WHEN THEY WERE LIVING WITH THEIR, UH, SON AND DAUGHTER TAKING CARE OF THE CHILD, THEY WERE, THIS WAS THEIR PRIMARY RESIDENCE AND LIVED THERE. AND THEY COULD ALSO SUPPLEMENT. THERE'S, UM, UM, UM, RETIREMENT INCOME WITH PART-TIME RENTALS. SO THE DUE DILIGENCE WASN'T REALLY A QUESTION. THE PROPERTY WAS OWNED FORMALLY AND THE RESIDENCE OF THE SON AND THE WIFE BEFORE THEY MOVED. SO THIS WAS MORE, THIS WAS A FAMILY, UM, TRANSACTION. SO WHEN YOU SAY DUE DILIGENCE, UH, I WAS INFORMED AT THE TIME WHEN THIS VIOLATION TOOK PLACE AND I SPOKE WITH DANA AND I WENT OVER IT AND THAT THE, UM, EVERYTHING AFTER, I BELIEVE OCTOBER 8TH, AFTER I FOUND OUT THERE WAS A CITATION, EVERYTHING WAS TAKEN DOWN. SO MR ROJAN CANNOT, I APPRECIATE IT. THANK YOU VERY MUCH. ANDREA. ANY OTHER QUESTIONS? YES, COMMISSIONER FRYBERGER AGAIN, MR ROTUNNO, WHO LIVES IN THE PROPERTY RIGHT NOW, UH, IT'S BEEN, IT'S BEEN, IT'S ON A LEASE FOR SIX MONTHS. THE PARENTS ARE TOO, THEIR PARENTS ARE QUARANTINED. UM, AND SO THIS IS ALL OVER. SO IF THE PROPERTY OWNER IS NOT LIVING IN IT, THIS IS PROBABLY GETTING A LITTLE BIT OUT OF HER PURVIEW, BUT, UH, I DON'T BELIEVE IT'S ELIGIBLE FOR A TYPE ONE STR LICENSE REGARDLESS. THAT IS CORRECT. THE COMMISSIONER. WELL, I THINK THE SUBJECT RIGHT NOW IS, WAS THE DENIAL WARRANTED? WAS IT DENIAL? WELL FOUNDED AND I'M CONTESTING IN SOME IT WASN'T WELL FOUNDED. ALL OF THE FACTS THAT HAVE BEEN PRESENTED BY MR ROCHE ARE, ARE NOT WELL FOUNDED. THE CONVERSATION, THE WITNESS MS. GRAY WHO CAME BEFORE US AND I TESTIFIED BEFORE YOU, UM, ESSENTIALLY HER, HER TESTIMONY SHOULD BE SUPPRESSED BECAUSE IT'S NOT EVEN RELEVANT OR GERMANE TO THE 10, 15 HOUSE. IT'S NOT EVEN THE SAME NEIGHBORHOOD OR OWNED BY THE SAME PEOPLE. AND IF SHE HAS PROBLEMS WITH THAT, UM, THEY HAVE TRIED TO WORK THAT OUT WITH THE OWNER. I DON'T KNOW WHERE IT STANDS RIGHT NOW, BUT I KNOW THEY'RE CONSTANTLY COMPLAINING WHEN ANYTHING HAPPENS WITH, EVEN IF THE TRASH IS IN FRONT OF A HOUSE OVER TWO HOURS, TWO HOURS LATE, THEY CALL IT CODE COMPLIANCE. SO THAT'S WHAT I WOULD LIKE TO HAVE. JUST CONVERSATION THAT IS FACTUAL. AND IT SOUNDS AS THOUGH WERE YOU MADE UP YOUR MIND AND I'M TRYING TO TELL YOU THAT THE DENIAL WAS IN IMPROPER. YEAH. IT'S NOT HELPFUL FOR YOU TO ACCUSE US OF MAKING UP OUR MINDS. SURE, SIR. I'M SORRY, I, I RETRACTED, I'M A LITTLE OFF BALANCE BASED UPON SOME OF THE TESTIMONY THAT'S COME OUT THAT'S UH, SO, AND IT'S NOT WELL FOUNDED CAUSE I USUALLY FIND A TESTIMONY SHOULD BE FACTUAL AND I'M TRYING TO UM, MAKE THESE FACTUAL STATEMENTS. AND YOU HAVE SOME OF THESE ARE UNUSUAL TIMES IF THEY ARE, IF SOMEONE'S, IF SOMEONE'S QUARANTINE AWAY, UH, BECAUSE THEY CAN'T TRAVEL RETURNED BACK HERE, UM, USUAL TIME. SO, UM, OKAY. WE'LL JUST ADD, HAS A QUESTION I BELIEVE. YEAH. THIS IS A, THIS IS FOR THE, UH, OWNER'S REPRESENTATIVE. UH, DID I UNDERSTAND YOU TO SAY THAT OF THE 39 SERVICE CALLS TO THE PROPERTY IN QUESTION THAT YOU'RE, YOU BELIEVE THOSE TWO HAVE BEEN ONE OR MORE OF THOSE TWO HAVE BEEN FRIVOLOUS? YOU KNOW, UM, I NOT SAY THAT I'LL, NO, I WOULD NOT THINK THAT THERE WOULD ALL BE FRIVOLOUS BECAUSE I THINK THAT THERE WERE ISSUES ON THE OTHER PROPERTIES, NOT THIS PROPERTY. SO LET'S DISTINGUISH 10 15 EAST 12TH STREET HAS NOTHING TO DO WITH NINE OH ONE EAST 13TH STREET, WHICH ALSO HAS AN ADJOINING PROPERTY TO IT ON THE OTHER CORNER CALLED ORLANDO. SO THIS IS A PROPERTY SEVERAL BLOCKS AWAY THAT THERE ARE NO COMPLAINTS ON CODE. COMPLIANCE HAS NEVER BEEN OUT THERE EXCEPT FOR THE ONE TIME WHEN DANA WENT OUT THERE AND UH, UH, AS THERE WAS A, UM, UH, THERE WAS ONE VIOLATION WHICH WAS HANDLED [00:45:01] ON NOVEMBER 13TH AND THAT'S IT. THERE IS NO OTHER VIOLATION ON IT. WELL, I JUST WANT TO MAKE SURE I'M UNDERSTANDING. ARE YOU REPRESENTING TO THE COMMISSION THAT THE 30 MINIMUM CALLS EXHIBITED BY MR ROCHERLEA OR WERE NOT WITH RESPECT TO THE PROPERTY IN QUESTION HERE? THAT'S CORRECT, YES I AM. OKAY. IS THAT CORRECT? YEP. CAN I BE MORE SPECIFIC IF YOU LET ME? UH, I CANNOT TELL YOU WITH SOMEONE ELSE GOT A CALL ON AND SO WHEN SOMEONE SAYS 39 CALLS, I KNOW THAT THERE'VE BEEN PROBLEMS ON THE PROPERTY WITH THE NEIGHBORS, WHICH ARE THE TWO OTHER PROPERTIES, NOT THIS PROPERTY. SO I HAVE NOT, I HAVE ALWAYS HEARD FROM DANA. ROCKINGHAM, NO. THE QUESTION WAS POSED TO MR. ROACH FROM COMMISSIONER STOVES STUFF ABOUT THE CALLS. CAN YOU CLARIFY THAT MR. ROACH? YES, I CAN. THERE WERE SIX CALLS SPECIFICALLY TO 10, 15 EAST 12TH STREET DURING THAT 12 MONTH PERIOD. UM, AND THEN THERE, DURING THE 12 MONTH PERIOD, THERE WERE TWO NOTICES OF VIOLATION ISSUED. ACTUALLY ONE NOTICE OF VIOLATION AND ONE ADMINISTRATIVE HEARING CITATION WHERE THE UH, OPERATOR WAS FOUND LIABLE, UM, FOR ADVERTISING WITHOUT A LICENSE. AND I APOLOGIZE FOR THE DOGS BARKING IN THE BACKGROUND. THAT'S OKAY. ALL RIGHT, CLARIFICATION. SURE. I'M GOING TO JUST FOR THE RECORD, SO IT'S CLEAR, I'M GOING TO GO AHEAD AND ADMIT EXHIBIT A ONE AND TWO FROM CODE AND ALSO ADMIT INTO EVIDENCE THE APPELLANT'S DOCUMENTS THAT HAVE BEEN SUBMITTED AND ARE IN YOUR GOOGLE DRIVE FOR YOUR REVIEW. UM, AND I WOULD JUST, UM, I GUESS I WOULD CAUTION OR INSTRUCT THAT THE COMMISSION IS JUST HEARING THE CASE ON 10 15 EAST 12TH. THAT'S WHAT WE'RE HEARING. THAT'S THE APPEAL. UM, AND SO ANY TESTIMONY THAT WAS PREVIOUSLY GIVEN, UM, BY THE WITNESS, MS SPRAY, I BELIEVE, UM, WITH REFERENCE TO OTHER PROPERTIES THAT IS NOT BEFORE US FOR CONSIDERATION. WE ARE CONSIDERING EVIDENCE AND TESTIMONY FROM WITNESSES ABOUT THIS PROPERTY. SO, WITH THAT BEING SAID, DO YOU I HAVE A MOTION OR WE WANT TO HAVE SOME DISCUSSION BEFORE THERE'S AN OCEAN, LIKE TO DISCUSS. I WOULD LIKE TO MOVE TO CLOSE THE PUBLIC HEARING THIS CLASS. OKAY. SECOND. SECOND. ALRIGHT. ALL IN FAVOR CLOSING THE PUBLIC HEARING AT THIS TIME. UM, SHOW OF HANDS, LET'S SEE. THAT IS DEFINITELY A VAST MAJORITY. SO THE PUBLIC HEARING IS CLOSED AND THE COMMISSIONERS WILL DISCUSS THE APPEAL ITEM NUMBER ONE ON OUR AGENDA. GO AHEAD COMMISSIONER FREIBERGER IF YOU WANT TO START US OFF. SURE. UM, I THINK THAT MR ROTUNNO CERTAINLY BRINGS UP A VALID POINT THAT THE OWNERSHIP HAS CHANGED. UM, BUT IT SEEMS LIKE THERE, THERE'S A LOT OF MARCUS IN ADVERTISING THAT PROBABLY SHOULDN'T HAVE HAPPENED AND WHETHER OR NOT THERE SHOULD ACTUALLY BE AN STR TYPE ONE. AND SO, UM, I MEAN IT SEEMS TO BE LIKE THEY SHOULD REDO THEIR APPLICATION WITH THE, WITH A CLEAN START. UM, ESPECIALLY IF THIS APPLICATION WAS PUT IN IN NOVEMBER BEFORE THE CURRENT OWNERS HAD FULL CONTROL OF THE PROPERTY. UM, IT JUST SEEMS VERY MONKEY TO ME. ANYONE ELSE WANT TO WEIGH IN? YES, THIS IS A WORDING. UM, AND I MAY BE MISUNDERSTANDING SOMETHING CAUSE WE SEEM TO BE GETTING INFORMATION FROM MORE THAN ONE DIRECTION. UM, IS THIS THE PROPERTY WHERE THE PARENTS GAVE IT TO THE CHILDREN OR THE CHILDREN GAVE IT TO THE PARENT CHILD'S SOLD TO PARENTS? I BELIEVE, YES. AND WHEN I HEARD THAT AND HEARD THAT WE WERE HAVING SOME ISSUES THERE, TO ME IT SEEMED A LITTLE BIT LIKE THAT WAS AWFULLY CONVENIENT THAT THEY WERE DOING THAT IN ORDER TO MURKY THE TITLE TO PERHAPS HELP THEMSELVES UPON APPEAL, WHICH IS WHERE I THINK THIS THING OUGHT TO GO. DENIED TOO MANY FACTORS THAT HAVEN'T BEEN ADDRESSED. I HAVE A COMMENT. YES. I [00:50:01] UM, I AGREE THAT THE APPEAL SHOULD GET DENIED BASED ON THE FACTS THAT WERE PRESENTED, BUT I DO HAVE A COMMENT TO THE CITY. I THINK IT'S REALLY CONFUSING WHEN WE ARE GIVEN INFORMATION THAT IS NOT RELATED TO THIS PARTICULAR PROPERTY AND IT JUST TAKES US LONGER TO GET TO THE CONCLUSION. UM, OH JUST IN GENERAL, IN THE FUTURE IT WOULD BE HELPFUL IF WE ONLY RECEIVE INFORMATION RELATING TO THE PROPERTY AT HAND. OKAY. JOEL, IS ANYONE READY TO MAKE A MOTION ON THE APPEAL CHAIR? CANNOT MAKE A MOTION. SO I'M WILLING TO ENTERTAIN ONE. I MOTION TO REJECT THE APPEAL. SECOND. SECOND. YEAH. YEAH. UM, ALL RIGHT. ALL IN FAVOR OF DENYING THE APPEAL. A SHOW OF HANDS ON THE VIDEO AND IT LOOKS LIKE THAT IS UNANIMOUS BY THE FOLKS ON VIDEO AND UH, SO WORDY. YES. I HAVE MY HAND UP. YOU JUST CAN'T SEE IT. OKAY. I'M NOT SURE. NATALIA, I DIDN'T SEE YOUR HAND. OKAY. I'M SORRY. ALRIGHT, SO ALL OF THE COMMISSIONERS PRESENT VOTING TO DENY THE APPEAL ON ITEM NUMBER ONE. UM, NORLINA RIGHTS. YOU CAN GO AHEAD AND BRING US TO OUR NEXT CASE, WHICH I BELIEVE IS ITEM NUMBER THREE. YES. THANK YOU ALL FOR YOUR TIME. WELL THANK YOU. YOU'LL RECEIVE A COPY OF THE ORDER IN THE MAIL. THANK YOU. HAVE A GOOD EVENING. IS THERE ANYTHING ELSE YOU NEED FOR ME TO KNOW? THANK YOU. ALRIGHT COMMISSIONERS, WE'LL MOVE ON TO ITEMS NUMBER THREE [Items 3 - 17] THROUGH 17 ON THE AGENDA. ITEMS. NUMBER THREE THROUGH 17 ON THE AGENDA ARE ALL RETURNING CASES WITH EXISTING BSC ORDERS WHICH ARE BEING BROUGHT TO THE COMMISSION THE NIGHT AT THE REQUEST OF STAFF. THESE 19 H CASES HAVE ALL COME INTO COMPLIANCE REGARDING THE VIOLATIONS. HOWEVER, IN EACH OF THESE CASES THE PENALTIES REMAIN UNPAID. STAFF IS NOW BRINGING THESE CASES BACK TO THE COMMISSION FOR RECONSIDERATION OF THE PENALTIES IMPOSED DUE TO INACTION. I WILL BE PRESENTING THE CASES TONIGHT TOGETHER AS A GROUP. THEY WILL BE NO EXHIBITS TO PRESENT FOR THESE PROPERTIES. BACKUP DOCUMENTATION FOR EACH OF THESE CASES CAN BE FOUND IN THE GOOGLE DOCS FOLDER WHICH INCLUDE UPDATED CASE HISTORIES, NOTICES FOR TONIGHT'S HEARING AS WELL AS THE REQUIRED POSTINGS. COPIES OF THE ISSUED ORDERS, A FINAL PENALTY STATEMENT AND PHOTOGRAPHS TAKEN BOTH BEFORE AND AFTER THE REPAIRS WERE COMPLETED. THE FOLLOWING CASES BEING PRESENTED TONIGHT ARE MISSING SUPPORTING DOCUMENTATION THAT ALLOWS THE AUSTIN CODE DEPARTMENT TO MOVE FORWARD WITH PENALTY COLLECTION SUCH AS INCOMPLETE CASE HISTORY, MISSING COMMUNICATION WITH THE OWNER IN COMPLETE NOTICES OF VIOLATION, INSUFFICIENT DESCRIPTION OF THE DEFICIENCIES IN COMPLETE FOLLOWUP PHOTOS AND UNDOCUMENTED CHANGE OF OWNERSHIP. THE FIRST CASE. ITEM NUMBER THREE IS REGARDING 45 ZERO TWO SHERWIN DRIVE AND IS REGARDING CASE NUMBER CL 98 ZERO ZERO ONE FIVE EIGHT EIGHT AND CL 2016 ZERO ONE FOUR SIX TWO ZERO THE REFERENCE DOCUMENTS FOR THESE CASES ARE IN THE LIGHT RED BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER ON RECORD IS JOHNNY JEAN SIMS. TONIGHT WE ARE ADDRESSING TWO BSC ORDERS ISSUED FOR THIS PROPERTY, A DECEMBER 2ND, 1998 ORDER FOR RESIDENTIAL REPAIR AND A MARCH 23RD, 2016 ORDER FOR RESIDENTIAL DEMOLITION. THE 1998 ORDER REQUIRED REPAIR WITHIN 60 DAYS WITH A PENALTY OF $250 PER WEEK IF COMPLIANCE WAS NOT MET WITHIN THE ALLOTTED TIMEFRAME. THE 2016 ORDER REQUIRED THE FOLLOWING ONE A CIVIL PENALTY OF $223,071 AND 43 CENTS ACCRUED FOR THE 1998 ORDER TWO THAT THE PREVIOUS ORDER BE REPLACED WITH THIS ORDER. THREE DEMOLITION OF THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS AND FOUR AFTER 45 DAYS, A CIVIL PENALTY OF $250 PER WEEK TO ACCRUE AND AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND FILE A LIEN FOR ALL EXPENSES AND CRUDE COMPLIANCE WAS MET ON JULY 5TH, 2017 AFTER THE CITY PROCEEDED WITH DEMOLITION. THE CURRENT PENALTIES OWED ARE $223,071 AND 43 CENTS ACCRUED FROM THE 1998 ORDER AND $14,750 ACCRUED FROM THE 2016 ORDER. THE COMBINED TOTAL IS $237,821 [00:55:02] AND 43 CENTS AS YOU CAN SEE, SOME PHOTOS ARE BEING SHOWN THERE OF THE PROPERTY BEFORE AND AFTER THE NEXT CASE. ITEM NUMBER FOUR IS REGARDING 1910 AKA 1914 EAST 18TH STREET, AKA 18 1800 KITO STREET AND HIS CASE NUMBER ZERO ZERO ONE FIVE EIGHT EIGHT THE REFERENCE DOCUMENTS FOR THIS CASE IS THE TEAL GREEN BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS JAMES GORMAN. TWO ORDERS WERE ISSUED FOR THIS PROPERTY. THE FIRST ORDER, A MARCH 26 1997 ORDER FOR RESIDENTIAL REPAIR AND SECOND AND APRIL 22ND, 2009 ORDER FOR DEMOLITION OF THE RESIDENTIAL STRUCTURE. THE SECOND ORDER STOPPED THE PENALTIES ACCRUED PER THE FIRST ORDER AT $155,142 AND 86 CENTS AND OTHER THAN THE COST OF THE DEMOLITION PLUS INTEREST, NO ADDITIONAL PENALTIES WERE ORDERED. COMPLIANCE WAS MET ON FEBRUARY 1ST, 2010 AFTER THE CITY PROCEEDED WITH DEMOLITION BECAUSE THE COST ASSOCIATED WITH THE DEMOLITION CANNOT BE REDUCED BY THE COMMISSION TO NOT. WE ARE ONLY ADDRESSING THE PENALTIES ACCRUED FOR THE 1997 REPAIR ORDER WHICH REMAIN AT $155,142 AND 86 CENTS AS YOU CAN SEE, THE BEFORE AND AFTER PEDO PHOTOS BEING SHOWN ON YOUR SCREEN. ITEM NUMBER FIVE ON THE AGENDA IS REGARDING 2120 AVENUE IN AND HIS CASE NUMBER CL 2005 ZERO TWO ZERO ONE EIGHT SIX THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE LAVENDER BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS R D R H HOLDINGS INCORPORATED. THE BAC ISSUED A THREE-PART RESIDENTIAL ORDER FOR THIS PROPERTY ON JANUARY 25TH, 2006 WHICH REQUIRED THE FOLLOWING REPAIR, REPAIR STRUCTURE WITHIN 120 DAYS WITH A $250 PER WEEK PENALTY INSTALL A SECURITY FENCE WITHIN 10 DAYS WITH A 250 PER WEEK PENALTY, REMOVE TRASH AND DEBRIS WITHIN 30 DAYS WITH THE $250 PER WEEK PENALTY AND PENALTIES NOT TO EXCEED $250 PER WEEK FOR THE PROPERTY. COMPLIANCE WAS MET ON APRIL 1ST, 2009 AFTER THE OWNER DEMOLISHED THE STRUCTURE. PENALTIES HAVE ACCRUED IN THE AMOUNT OF 30 37 37,070 $37,071 AND 43 CENTS SHOWING YOU THE PICTURES ON THE SCREEN. NOW THE BEFORE AND AFTER. NEXT ON THE AGENDA IS REGARDING 26 ZERO ZERO SIX AUTOBAHN PLACE AND HIS CASE NUMBER CL ZERO FOUR ZERO ONE EIGHT SIX FOUR THREE THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE LIGHT BROWN BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNERS OF RECORD ARE TOM SHANG TONGUE AND MAY CHEW TONGUE. THE BSE ISSUED AN ORDER FOR RESIDENTIAL REPAIR FOR THIS PROPERTY ON MARCH 23RD, 2005 WHICH REQUIRED REPAIR WITHIN 120 DAYS WITH THE PENALTY OF $250 PER WEEK TO BE ASSESSED AFTER 120 DAYS. COMPLIANCE WAS MET ON DECEMBER 31ST, 2008 THE TOTAL ACCRUED PENALTIES ARE $44,678 AND 57 CENTS WE HAVE THE BEFORE AND AFTER ON THE SCREEN. AGENDA ITEM NUMBER SEVEN IS REGARDING 44 16 LINDA LANE AND HIS CASE NUMBER CL 2005 ZERO TWO ONE TWO ZERO ZERO THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE GRAY BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER ON RECORD IS SONYA FIGAROA. THE BSC ISSUED AN ORDER FOR RESIDENTIAL REPAIR. FOR THIS PROPERTY ON JANUARY 25TH, 2006 WHICH REQUIRED REPAIR THE RESIDENTIAL STRUCTURE WITHIN 90 DAYS WITH THE PENALTY OF $250 PER WEEK TO BE ASSESSED AFTER 90 DAYS. THE APPLIANCE WAS MET ON JUNE 13TH, 2007 UNPAID PENALTIES ACCRUED PER THIS ORDER TOTAL $14,642 AND 86 CENTS . ITEM NUMBER EIGHT IS REGARDING THE PROPERTY LOCATED AT 12 ZERO SIX BOB HARRISON STREET AND HIS CASE NUMBER CL 2003 ZERO ONE FIVE SIX FIVE ONE THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE GOLD BOOK AND YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS ALL WHEN DESIGN AND CONSTRUCTION LLC. THE BAC ISSUED AN ORDER FOR RESIDENTIAL REPAIR FOR THIS PROPERTY ON AUGUST 31ST, 2005 WHICH REQUIRED REPAIR OF THE RESIDENTIAL STRUCTURE WITHIN 120 DAYS WITH A PENALTY OF $250 PER WEEK TO BE ASSESSED AFTER THE 120 DAYS. COMPLIANCE WAS MET ON JULY 2ND, 2009 [01:00:02] UNPAID PENALTIES ACCRUED PER THIS ORDER TOTAL $45,500 WE GOT THE POST, THE PRE AND POST PHOTOS ON THE SCREEN. ITEM NUMBER NINE IS REGARDING 12 ZERO EIGHT BOB HARRISON STREET UNITS A AND B CASE NUMBERS C L 2003 ZERO ONE FIVE SIX FOUR EIGHT IN 2003 ZERO ONE FIVE SIX FIVE TWO THE REFERENCE DOCUMENTS FOR THESE CASES CAN BE FOUND IN THE GOLD BOOKS IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS ALL WHEN DESIGN AND CONSTRUCTION LLC. BSC ISSUED REPAIR ORDERS AND BOTH CASES ON AUGUST 31ST, 2005 EACH ORDER REQUIRED REPAIR THE RESIDENTIAL STRUCTURES WITHIN 120 DAYS WITH A PENALTY OF $250 PER WEEK TO BE ASSESSED AFTER 120 DAYS, COMPLIANCE WAS MET FOR BOTH UNIT A AND UNIT B ON JULY 2ND, 2009 UNPAID PENALTIES ACCRUED IN EACH OF THE TWO CASES IN THE AMOUNT OF $45,500 EACH, TOTALING $91,000. ITEM NUMBER 10 IS REGARDING 1717 ROSE WOOD AVENUE, CASE NUMBER CL 2005 ZERO TWO ZERO TWO FOUR FIVE THE REFERENCE DOCUMENTS FOR THIS CASE ARE IN THE PINK BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS ERIC FRANK NEWMAN. THE BOC ISSUED AN ORDER FOR RESIDENTIAL REPAIR FOR THIS PROPERTY ON AUGUST 31ST, 2005 WHICH REQUIRED A SECURITY FENCE WITHIN 10 DAYS AND REPAIR THE RESIDENTIAL STRUCTURE WITHIN 120 DAYS WITH THE PENALTY OF $500 PER WEEK TO BE ASSESSED AFTER 120 DAYS OF COMPLIANCE IS NOT ACHIEVED. COMPLIANCE WAS MET ON AUGUST 17TH, 2007 THE TOTAL PENALTIES ACCRUED PER THIS ORDER TOTAL OF $42,071 AND 43 CENTS THE NEXT ITEM ON THE AGENDA ITEM NUMBER 11 IS REGARDING 1139 MANSELL AVENUE. THE CASE NUMBER IS CL 2011 ZERO ZERO THREE FOUR FIVE THE REFERENCE DOCUMENTS CAN BE FOUND IN THE AQUA BLUE BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS LEMMY REN TWO B. A C ORDERS WERE ISSUED FOR THIS PROPERTY THE FIRST OF WHICH WAS AN ORDER WITH AN OCTOBER 27 2010 ORDER REQUIRING VACATION OF BOTH THE RESIDENTIAL STRUCTURE AND THEY SHED SLASH TENT STRUCTURE IN THE REAR AS WELL AS REMOVAL OF THE SHED SLASH TENT STRUCTURE BECAUSE NO PENALTIES WERE ASSESSED IN THIS ORDER. IT IS NOT BEING ADDRESSED TONIGHT. THE SECOND ORDER WAS ISSUED ON JANUARY 26 2011 FOR REPAIR, THE RESIDENTIAL STRUCTURE WITHIN 30 DAYS WITH A PENALTY OF $250 PER WEEK IF NOT IN COMPLIANCE. THE ORDER ALSO REQUIRED THE 2010 ORDER TO REMAIN IN EFFECT UNTIL COMPLIANCE IS ACHIEVED. COMPLIANCE WAS MET ON AUGUST 23RD, 2011 THE UNPAID PENALTIES ACCRUED IN THIS CASE TOTAL 59 $5,964 AND 29 CENTS ITEM NUMBER 12 IS REGARDING FIVE ZERO ONE PETRONELLA STREET BUILDING ONE THE CASE NUMBER IS L 2011 ZERO TWO NINE THREE EIGHT ZERO THE REFERENCE DOCUMENTS FOR THIS CASE ARE IN THE DARK BLUE BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS HEY TRELLIS. THE BSE ISSUED AN ORDER FOR COMMERCIAL REPAIR IN THIS CASE ON APRIL 27TH, 2011 WHICH REQUIRED REPAIR WITHIN 60 DAYS WITH A PENALTY OF A THOUSAND DOLLARS PER WEEK AFTER THE 60TH DAY OF COMPLIANCE IS NOT ACHIEVED. THE APPLIANCE WAS ACHIEVED ON OCTOBER 16 2013 THE PENALTIES ACCRUED PER THIS ORDER BUILDING ONE TOTAL $117,285 AND 71 CENTS ITEM NUMBER 13 IS REGARDING FIVE ZERO ONE PETRONELLA STREET BUILDINGS TWO THREE AND FOUR CASE NUMBERS ARE CL. 2011 ZERO TWO NINE THREE EIGHT THREE CL 2011 ZERO TWO NINE THREE SIX EIGHT AND CL 2011 ZERO TWO NINE THREE SEVEN FOUR THE REFERENCE DOCUMENTS FOR THESE CASE ARE IN THE DARK BLUE BOOKS IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS HEY ZEUS TRELLIS ON JULY 27 2011 THE COMMISSION ISSUED ORDERS AND ALL THREE OF THESE CASES FOR COMMERCIAL REPAIR IN EACH ORDER. THE BUILDING WAS TO REMAIN UNOCCUPIED AND SECURE AND AFTER 90 DAYS OWNER TO SUBMIT A REPORT DETAILING STATUS AND PROGRESS TOWARDS COMPLIANCE BUILDING TWO REQUIRED REPAIR OF THE COMMERCIAL STRUCTURE WITHIN 300 TO 330 DAYS WITH THE PENALTY OF A THOUSAND DOLLARS PER [01:05:01] WEEK AFTER THE 330TH DAY BUILDING TWO CAME INTO COMPLIANCE ON JANUARY 28TH, 2013 THE ACCRUED PENALTIES TOTAL $30,714 AND 29 CENTS BUILDING THREE REQUIRED REPAIR OF THE COMMERCIAL STRUCTURE WITHIN 180 DAYS WITH THE PENALTY OF A THOUSAND DOLLARS PER WEEK AFTER THE 180 A DAY BUILDING. THREE KIM, THE COMPLIANCE ON NOVEMBER 12TH, 2015 THE ACCRUED PENALTIES TOTAL 101 HUNDRED AND $97,571 AND 43 CENTS BUILDING FOR REQUIRED REPAIR, THE COMMERCIAL STRUCTURE WITHIN 210 DAYS WITH A PENALTY OF A THOUSAND DOLLARS PER WEEK AFTER THE 210TH DAY BUILDING FOR KIM THE COMPLIANCE ON NOVEMBER 12TH, 2015 THE ACCRUED PENALTIES TOTAL $193,285 AND 71 CENTS ITEM NUMBER 14 IS REGARDING 63 ZERO FOUR ARNOLD DRIVE. THE CASE NUMBER IS CL 2011 ONE ZERO TWO SEVEN ZERO TWO THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE LOW YELLOW BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNERS OF RECORD ARE WITH C SANCHEZ AND DANIEL REYNA. THE BSC ISSUED AN ORDER FOR RESIDENTIAL REPAIR FOR THIS PROPERTY ON DECEMBER SIX 2011 WHICH REQUIRED ONE THAT THE PROPERTY BE FENCE WITHIN 10 DAYS TO REPAIR REPAIR OF THE STRUCTURE WITHIN 60 DAYS WITH A PENALTY OF $250 PER WEEK TO BE ASSESSED AFTER 60 DAYS OF COMPLIANCE IS NOT ACHIEVED. COMPLIANCE WAS MET ON NOVEMBER 2ND, 2017 AFTER THE OWNER DEMOLISHED THE STRUCTURE. THE PENALTIES ACCRUED TOTAL $74,607 AND 14 CENTS ITEM NUMBER 15 ON THE AGENDA IS REGARDING THREE 10 EAST SIXTH STREET, AKA TROPHY CLUB, CASE NUMBER CL 2012 ZERO FOUR FIVE EIGHT THREE SIX THE REFERENCE DOCUMENTS FOR THIS CASE ARE IN THE PURPLE BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS CRADDICK CRADDOCK VENTURES LLC. THE BSC ISSUED AN AGREED ORDER FOR COMMERCIAL REPAIR FOR THIS PROPERTY ON MAY 23RD, 2012 WHICH REQUIRED THE FOLLOWING, ONE SPECIFIC COMMERCIAL REPAIRS TO BE CORRECTED SLASH DEBATED WITHIN 30 DAYS TO VACATE THE ATTIC SPACE USE AS AN OFFICE WITHIN 30 DAYS INCLUDING REMOVAL OF ALL UNPERMITTED WIRING. THREE REMAINING VIOLATIONS BE ABATED SLASH REPAIRED WITHIN 90 DAYS FOR AN ENGINEER'S REPORT STARTS CERTIFYING THE STABILITY OF THE STAIRS AND MODIFIED ADDICTS AREAS. FIVE AFTER 30 DAYS, A PENALTY OF $2,500 PER WEEK TO BE ASSESSED UNTIL ALL WORK IS COMPLETED WITHIN 30 DAYS AND SIX AFTER 90 DAYS. A PENALTY OF $2,500 PER WEEK TO BE ASSESSED UNTIL ALL WORK IS COMPLETED INCLUDING ENGINEER'S REPORTS. COMPLIANCE WAS MET ON SEPTEMBER, 1220 13 THE PENALTIES ACCRUED PER THIS ORDER TOTAL $154,285 AND 71 CENTS FOR THE 30 DAYS AND $132,857 AND 14 CENTS FOR THE 90 DAYS WITH A COMBINED TOTAL OF $287,142 AND 85 CENTS ITEM 16 IS REGARDING A PROPERTY LOCATED AT 31 ZERO NINE EAST CESAR CHAVEZ. THIS CASE NUMBER IS CL 2012 ZERO EIGHT NINE ZERO SEVEN THREE THE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE PEACH COLORED BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS ASPRO ENTERPRISES LP. THE BSC ISSUED AN ORDER FOR COMMERCIAL REPAIR FOR THIS PROPERTY ON SEPTEMBER 26 2012 WHICH REQUIRED REPAIR THE COMMERCIAL STRUCTURES WITHIN 30 DAYS WITH A PENALTY OF $5,000 PER WEEK TO BE ASSESSED AFTER 30 DAYS IF WORK IS NOT COMPLETED, BSC ISSUED AN ORDER FOR COMMERCIAL REPAIR FOR THIS PROPERTY ON SEPTEMBER 26TH, 2012 WHICH REQUIRED REPAIR THE COMMERCIAL STRUCTURES WITHIN 30 WITHIN 30 DAYS, BUT THE PENALTY OF $5,000 PER WEEK TO BE ASSESSED AFTER 30 DAYS OF WORK IS NOT COMPLETED. COMPLIANCE WAS MET ON DECEMBER 31ST, 2018 THE PENALTIES ACCRUED TOTAL $1,603,571 AND 43 CENTS OKAY. ITEM NUMBER 17 ON THE AGENDA IS REGARDING 65 ZERO SIX GREENSBORO DRIVE AND HIS CASE NUMBER CL 2012 ZERO THREE TWO FOUR TWO ONE REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE BRIGHT GREEN BOOK IN YOUR GOOGLE DOCS FOLDER. THE OWNER OF RECORD IS CHARLES GARRETT JR. THE BSC ISSUED TWO ORDERS FOR THIS PROPERTY. THE FIRST FOR RESIDENTIAL REPAIR AND THE SECOND ORDER FOR REPAIR OR DEMOLITION. TONIGHT WE ARE ONLY ASKING FOR RECONSIDERATION OF THE FIRST ORDER [01:10:01] ISSUED ON APRIL 25TH, 2012 WHICH REQUIRED REPAIR THE RESIDENTIAL STRUCTURE WITHIN 30 DAYS WITH THE PENALTY OF $140 PER WEEK TO BE ASSESSED AFTER 30 DAYS AS WELL AS AN INTERIOR INSPECTION BY CODE STAFF WITHIN 10 DAYS. THE SECOND ORDER WAS ISSUED ON JULY 27 2016 AND IS PROVIDED IN YOUR BACKUP DOCUMENTATION FOR REFERENCE. COMPLIANCE WAS ACHIEVED FOR BOTH ORDERS ON JUNE 20TH, 2017 AFTER THE OWNER. THE MODEL IS THE STRUCTURE PENALTIES ACCRUED PER THE 2012 ORDER TOTAL, $29,000 AND 29 $29,080 THERE ARE NO EXHIBITS TO BE ENTERED INTO RECORD THIS EVENING, NEITHER FROM STAFF NOR FROM THE PROPERTY OWNERS. ALL DOCUMENTS THAT WE'VE MADE AVAILABLE THROUGH THE GOOGLE DOC LINKS ARE REFERENCED DOCUMENTS. STAFF REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER. THE FOLLOWING. EACH PROPERTY HAS AN EXISTING COMMISSION ORDER AS IDENTIFIED AT TODAY'S HEARING TO EACH PROPERTY. OH CIVIL PENALTIES UNDER THE EXISTING COMMISSION ORDERS IDENTIFIED AT TODAY'S HEARING. THREE THE PENALTIES PREVIOUSLY ORDERED TO BE PAID ARE NOW UNCOLLECTABLE DUE TO THE AGE OF THE CASES AND INCOMPLETE RECORDS AND FOR EACH PROPERTY IS CURRENTLY IN COMPLIANCE WITH THE EXISTING COMMISSIONS ORDER IDENTIFIED AT TODAY'S HEARING. STAFF REQUESTED THE COMMISSION ORDER THE FOLLOWING ONE. ALL CIVIL PENALTIES UNDER EXISTING COMMISSION ORDERS AS IDENTIFIED AT TODAY'S HEARING ARE REDUCED TO ZERO, INCLUDING INTEREST TO ALL LIENS FOR WORK PERFORMED BY THE CITY, REMAIN IN EFFECT AND THREE ALL CIVIL JUDGEMENTS FOR PENALTIES REMAIN IN EFFECT. THAT CONCLUDES MY PRESENTATION, COMMISSIONERS. RIGHT. THANK YOU. UM, INVESTIGATOR. RIGHT. UM, QUESTION, DO WE HAVE OWNERS FOR THESE PROPERTIES WHO WERE EXPECTING TESTIMONY FROM THIS EVENING? UM, THIS IS MELANIE. YES, YOU DO. THERE'S A LIST OF, DO YOU HAVE THE LIST OF SPEAKERS? OKAY. ALRIGHT. WELL IT LOOKS LIKE, UH, DANIEL RAMYA RIGHT NOW. OH YES. YEAH. THAT'S THE FIRST SPEAKER THAT WE HAVE SIGNED UP FOR THE PARK PROPERTY ON ARNOLD DRIVE. IS HE ON THE LINE? OKAY. MR REYNA, UM, DID YOU WANT TO GIVE YOUR SIDE OF THIS CASE? UM, I WAS HAVING SOME TROUBLE WITH THE CONNECTION SO I COULDN'T HEAR THE END PART WHERE WE NEEDED IT. WE NEEDED TO PAY THEM OUT FOR THE VIOLATIONS. SO THE CITY HAS, UM, REQUESTED THAT THE COMMISSION ENTER AN ORDER. THE FINES ARE, EXCUSE ME, THAT THE PENALTIES ARE REDUCED TO ZERO, BUT ANY LIENS OR CIVIL JUDGEMENTS THAT ARE IN EFFECT WILL REMAIN IN PLACE. THAT IS THE RECOMMENDED ACTION. OKAY. SO THE 74,000, 607, WITH 14 CENTS, THEY'RE GOING TO BE REDUCED TO ZERO. UM, YEAH, WE FOLLOW THE RECOMMENDATION IF THE COMMISSION VOTES TO ACCEPT THE RECOMMENDED ORDER BY THE STAFF. OKAY. ALRIGHT. UM, WHERE CAN I FIND OUT IF THERE'S ANY LIENS ON THE PROPERTY? UM, THIS MR CAR ON THE LINE. SURE. BRANDON CARR, ASSISTANT CITY ATTORNEY. UM, IF YOU HAVE LIENS, YOU'LL PROBABLY NEED TO, UM, POTENTIALLY LOOK AT GETTING A TITLE SEARCH DONE TO SEE WHAT KIND OF LANES YOU DO HAVE. CITY LANES ARE USUALLY IN THE DEED RECORDS. UM, SO IF YOU DO THE TITLE SURFS ON YOUR PROPERTY, UM, YOU SHOULD BE ABLE TO FIND ANY CITY LANES THAT ARE OWED. AS FOR CIVIL JUDGEMENTS. SOMETIMES THOSE ARE FILED ON THE PROPERTY AND SOMETIMES THEY'RE NOT. UM, IF IT WAS A CIVIL JUDGMENT, YOU WOULD HAVE BEEN SERVED WITH PROCESS AND KNOWING THAT THE CITY HAD BROUGHT A LAWSUIT AGAINST YOU. OKAY. YEAH CAUSE I GOT THIS PROPERTY IN 2012 AND THE ORDER WENT IN IN 2011 SO I, I GUESS I CARRIED IT CARRIED ON WITH THE ORDER UNTIL 2017 WHEN I DEMOLISHED THE HOUSE. SO YEAH, I'LL, I'LL LOOK INTO THAT. BUT THANKS A LOT FOR EVERYTHING. OKAY. SO, AND WHATEVER THE [01:15:01] ORDER THAT'S ENTERED HERE TONIGHT, YOU'LL BE MAILED A COPY OF IT SO YOU WILL UNDERSTAND OUR DECISION. BUT IF YOU REMAIN ON THE LINE, YOU'LL HEAR OUR DISCUSSION AS WELL. OKAY. OKAY. DID YOU HAVE ANYTHING ELSE TO ADD? THAT WAS IT. THANK YOU VERY MUCH. ALL RIGHT, THANK YOU. AND UM, NEXT IT LOOKS LIKE WE HAVE, UH, DAVID MOSSIE, UM, FOR ITEM NUMBER FIVE, THE PROPERTY ON AVENUE IN MR HAMAS, ARE YOU ON THE PHONE? YES MA'AM. THANK YOU. I DON'T HAVE ANYTHING TO ADD. I JUST WANTED TO SAY THANK YOU FOR PUTTING THAT TOGETHER AND PRESENTING IT TO THE COMMISSION. OKAY. OKAY. THANK YOU SIR. AND IT LOOKS LIKE WE ALSO HAVE A MARK WALK STEAD. I'M ALSO SIGNED UP FOR THE AVENUE IN PROPERTY. UM, IS HE ON THE LINE? NOPE, THAT'S MY ATTORNEY. HE DID NOT CALL IT. OKAY. ALRIGHT. WELL I'M THE NEXT INDIVIDUAL PROPERTY OWNER WHO HAS SIGNED UP IS, UM, PETER TONGUE MIGHT NOT BE PRONOUNCING THAT RIGHT. IS HE, IS HE ON THE LINE? HE'S BEST FOR AVENUE 2120, I MEAN, 2120 AVENUE THEN HAVE A NEW ONE? NO, THIS IS FOR 26 OH SIX AUDUBON PLACE. OKAY. WELL, I'M SORRY. I THINK WE DID HAVE MR. FISHER ON THE LINE WHO IS WANTING TO SPEAK ABOUT AVENUE N YEAH, MR. FISHER. YEAH, WE, UH, I JUST PURCHASED THAT 2120 AVENUE IN, UH, 2019. UH, SO I JUST WANTED TO, UH, UH, VERIFY THAT, UH, UH, I GUESS IT SOUNDS LIKE THE SAME THING THAT THE OTHER GENTLEMAN ASKED. UH, THE FINES HOPEFULLY ARE GOING TO BE REDUCED TO ZERO. IT, UH, I, SINCE I BOUGHT IT, UH, YOU KNOW, JUST LAST YEAR THAT IF THERE WERE ANY LEADS OR JUDGMENTS THAT WOULD HAVE COME OUT DURING THE TIME THAT I PURCHASED IT. YEAH, IF YOU HAD A TITLE SEARCH IT PROBABLY WOULD HAVE, UM, IT, IT IS THE SAME RECOMMENDED ORDER FOR ALL OF THE PROPERTIES THAT ARE CURRENTLY BEFORE US. SO THAT WOULD BE A REDUCTION OF THE FINES, BUT IF THERE WAS A LIEN ON IN PLACE, IT WOULD REMAIN OR ANY CIVIL JUDGMENT, BUT IT'S PRETTY LIKELY THAT YOU WOULD, HOPEFULLY YOU WOULD KNOW ABOUT THOSE IF YOU HAVE THEM. THAT'S WHAT I WOULD THINK. OKAY. SO I EITHER NEED TO REMAIN ON THE LINE TO HEAR YOUR FINAL DECISION ON THE REDUCTION OF THE FINES OR I'LL GET A LETTER. OKAY. YES, YOU CAN CERTAINLY WELCOME TO REMAIN ON THE LINE, BUT YOU WILL DEFINITELY GET A COPY OF WHATEVER ORDER IS ENTERED DURING THIS MEETING TONIGHT. OKAY. AND IT SOUNDS LIKE THE OTHER FOLKS THAT SPOKE ON THIS PROPERTY, UH, UH, WERE THE PREVIOUS OWNERS. THAT IS CORRECT. OKAY. OKAY. I DON'T HAVE ANY OTHER QUESTIONS. THANK YOU. THANKS. UM, WHAT, AND I'LL CALL HIM ONE MORE TIME BEFORE MOVING ON. THIS IS FOUR 26 OH SIX AUTOBON PLACE HEATER TONGUE ON THE LINE. OKAY. OKAY. ITEM NUMBER M 17 IS STEVE SIMON ON THE LINE. GO AHEAD SIR. YES. UH, THE STEVE, HELLO? HELLO. YEAH, GO AHEAD. DID YOU WANT TO WEIGH IN ON THE PROPOSED ORDER OR THIS PROPERTY? WELL, THIS IS OBVIOUSLY, I MEAN I HAD SOMETHING PREPARED BUT I JUST TORE IT UP. I'M JUST GOING TO SPEAK OFF THE TOP OF MY, MY MIND. OKAY. IS OBVIOUSLY A SURPRISE TO THE OWNER WHEN THERE'S BEEN SO MANY SHADY CONTRACTORS AND PEOPLE THAT REMODEL ON SIXTH STREET OVER THE YEARS. AND I ALWAYS WONDER, I'M AN ARCHITECTURAL PLANNER AND BUILDER WIFE AND THE CONTRACTOR BE INCITED THAT DID, HE WAS THE ONE SIDED. SO WE CAN GET ALL INTO THIS ANDS OR BUTS. BUT I ALSO QUESTION A LOT OF TIMES THE CITATIONS OF THE CODE ENFORCEMENT OFFICIALS THEMSELVES. I HAD MANY RUN INS WITH THEM WHEN THEY STARTED PERMANENT ISSUES THAT WERE NOT AGAINST THE BUILDING CODE. AND WHEN I TALKED TO THEIR BOSS, THEY GO AWAY. SO I WASN'T GIVEN THE CITATIONS UNTIL I JUST HEARD HIM BECAUSE, UH, MS VALLEY JUST NOTIFIED US AND I KNOW SHE'S VERY BUSY, BUT THAT BEING SAID, [01:20:01] AS I LISTENED TO HIM READ, I SAID, HOW CAN THAT LIST OF CITATIONS I'LL BE DONE IN 30 DAYS? IT'S IMPOSSIBLE. YOU CAN'T GET AN ENGINEER, I'M A CIVIL STRUCTURAL ENGINEER OUT AND THEN HAVE TO WRITE A REPORT AND ASSESS IT. AND THERE WAS MANY ISSUES APPARENTLY ON THAT ADDRESS AND FOR A CODE ENFORCEMENT OFFICIAL, NOT EVEN A BUILDING INSPECTOR TO JUST RANDOMLY ASSESS THE TIME. THEY'RE NOT CODED, THEY'RE NOT BUILDING THIS FACTORS. WHO ARE THESE PEOPLE? AND TO ASSESS THAT MUCH. WHEN, AS I LOOK BACK AT THE HISTORY OF THAT ADDRESS, EVERYTHING WAS CORRECTED. THERE ARE NO OUTSTANDING ISSUES. I WOULD JUST FIND THIS AMOUNT AT THIS POINT IN TIME, JUST VERY UNBELIEVABLE, FOR LACK OF A BETTER WORD. THAT'S ALL I HAVE TO SAY. OKAY. MANDATION IS TO ZERO OUT THE CURRENT FINES. I DO. AND I STAND BEHIND THAT AND WE DEFINITELY APPRECIATE IT. OKAY. AND YOU'LL GET A COPY OF THE ORDER THAT'S ENTERED TONIGHT AND YOU'RE WELCOME TO STAY ON THE LINE TO HEAR OUR DISCUSSION. WELL, ANY OTHER QUESTIONS I NEED TO ANSWER? IS THIS DONE WELL? WE SEE THE ORDER VIA EMAIL FROM, UH, FROM THE CITY. IT WILL BE MAILED THROUGH PS OH TO THE BUILDING OWNER ITSELF. THAT'S CORRECT. OKAY. THE BUILDING OWNER IS THE ONE WHO OWES THE FINES. MR. SIMON, UH, MISS, UM, CRADDICK I BELIEVE IS IN BOTH THE OWNER AND REGISTERED AGENT. YES SIR. THAT'S CORRECT. AND SHE HAS HAD ME REPRESENTING THEM. THAT'S CORRECT. OKAY. UM, OR WE'RE GOING TO MOVE ON. UM, TWO ITEMS NUMBER EIGHT AND NINE ON THE AGENDA. UH, ALWIN JOHN, FESTUS. YEAH. YES. GOOD EVENING. UH, I THANK YOU FIRST OF ALL FOR REVIEWING THIS WHOLE CASE. I WAS SO SURPRISED AND SHOCKED TO FIND OUT BY MAIL A COUPLE OF WEEKENDS AGO THAT IT HAD NEVER BEEN CLOSED. UM, SO THANK YOU FOR FOLLOWING UP ON IT. UM, AND UH, I CERTAINLY STAND BY YOUR, YOUR PROPOSAL TO, UH, GET RID OF THE SCIENCE EVEN THOUGH I SPENT WELL IN EXCESS OF THEM. AND UH, I MADE THEM AVAILABLE BACK THEN IN OH NINE TO STEVE RAMIREZ AT THE COKE BUYS DIVISION. SO, UM, ANY OF THE DOCUMENTS AS I PROVIDED JUST A FEW DAYS AGO. AND THE GOLD BOOKS, GOLD FOLDERS SHOULD VERIFY ALL THAT IF YOU CARE TO LOOK AT HIM. BUT ANYWAY, THANK YOU FOR YOUR TIME. I APPRECIATE IT. ALL RIGHT. THANK YOU SIR. AND THEN ON AGENDA ITEM NUMBER SEVEN, THE PROPERTY ON LONDON PROPERTY ON LINDELL LANE. UM, SONYA FIGARO. YEAH, SONIA ON THE LINE. I'M GOING TO GO AHEAD AND MOVE TO ITEM FOUR ON THE AGENDA. UH, THE PROPERTY AT EAST 18TH. UM, JAMES GORMAN, IS HE WITH US? YES, I AM. OKAY, SIR, WHAT DO YOU HAVE TO TELL US ABOUT THIS PROPERTY? OKAY, UH, YEAH, SO I'M THE OWNER OF THE HOME IN 1800 PER KITO STREET. UH, I WAS FIRST MADE AWARE OF THIS CASE BY RECEIVING NOTICE OF THIS MEETING ABOUT TWO WEEKS AGO. UM, AND THEN WAS ABLE TO TRACK DOWN THE FIRST INFORMATION ABOUT THIS VIA THE MINUTES FOR THIS MEETING. UM, SO ALL THE INFORMATION THAT I KNOW OF, UH, BEFORE THIS WAS BASED OFF OF THOSE FOUR LINES. UM, I'M INFERRING THAT THE ORIGINATION DATE OF THIS CASE CAME FROM 1994, WHICH AT THAT TIME I WAS THREE YEARS OLD LIVING IN MY PARENTS' HOUSE IN PLANO, TEXAS. UH, I PURCHASED THIS HOME THAT IS NOW ON A 1800 BOOKIE DISTRICT IN 2016. UM, AND THE HOME ITSELF WAS BUILT IN 2013 ON ALL THE STRUCTURES ON THE PROPERTY WERE BUILT BETWEEN 2013, 2016. UM, SINCE THIS IS RELATED TO A PREVIOUS CASE BACK IN 1994, I'M FULLY COMPETENT THAT THE STRUCTURE NO LONGER EXISTS AND, UH, AS MARLENA PRESENTED AND CONFIRMED EARLIER THIS MEETING. UM, SO TO BE CLEAR, I HAD NO CONTROL OF THIS PROPERTY BEFORE 2016. UM, AND UNTIL THIS MEETING I RECEIVED NO INFORMATION REGARDING THIS CASE OR PREVIOUS ORDERS MADE BY THIS COMMISSION. UH, SO I FULLY AGREE WITH THE RECOMMENDATIONS MADE AND UH, I APPRECIATE YOUR TIME. ALL RIGHT. THANK YOU SIR. YOU'LL GET A COPY OF THE ORDER AS WELL. UM, THAT'S, SEE, DID WE HAVE A PHIL MONCADA FOR THE PROPERTY ON CESAR CHAVEZ? [01:25:09] NO, NOT SEEING HIM. AND THEN WHAT ABOUT CHARLES GARRETT JR FOR THE PROPERTY ON GREENSBORO? IT'S CHARLES ON THE LINE. OKAY. THAT TAKES US TO THE LIST OF THE FOLKS THAT I HAVE SIGNED UP AS PROPERTY OWNERS. ARE THERE ANY OTHERS ON THE PHONE TOO OR IDENTIFIED WITH ANY OF THESE PROPERTIES LISTED ON OUR AGENDA? ITEMS THREE THROUGH 17 WHO HAVE NOT SPOKEN BUT ARE HERE WAITING TO GIVE TESTIMONY. OKAY. WE HAVE, UM, A PROPOSED ORDER STILL ON THE LINE. YES, I AM. YES, I AM. OKAY. MR. AVILA, DO YOU HAVE A QUESTION? WELL, THAT'S YOUR DUDE. GO FOR IT. THE ORDER COVER ALL THE VERIFIED PROPERTY. I'M SORRY, MR ABOLA, CAN YOU SPEAK DIRECTLY INTO WHATEVER MICROPHONE YOUR COMPUTER HAS OR WE'RE HAVING A HARD TIME HEARING? YEAH. OKAY. NOW YOU'RE ON. YOU. OKAY. CAN YOU HEAR ME NOW? YEAH, THAT'S BETTER. JUST GET A LITTLE, UH, AS CLOSE AS YOU CAN TO THE MICROPHONE. CORRECT? NOT WITH THE ORDER. THE ORDER IS, UH, . AND, UH, WOULD ALSO LINK THE NAME, WHICH MEANS ARE WE TALKING ABOUT WHAT AGREEMENT THERE WERE WELL, THE CITY CAN ONLY, UM, WE CAN ONLY IMPACT THE LIENS THAT THE CITY HAS PUT IN PLACE DUE TO DEMOLITION OF THE PROPERTY OR OTHER EXPENSES BY THE CITY ON THE PROPERTY. WE HAVE NO AUTHORITY TO DO ANYTHING WITH OTHER LIENS SUCH AS, YOU KNOW, THE COUNTY OR ANYONE ELSE MIGHT HAVE A MORTGAGE HOLDER, ET CETERA. I DO HAVE AN ADDITIONAL COMMITMENT. OH YES, MR. CARR. SURE. ONE ADDITIONAL COMMENT IS ON SOME OF THESE, UH, SOME OF THESE CASES, UM, THE CITY DID GO TO DISTRICT COURT AND GET A JUDGMENT ON THOSE. AND SO THOSE LIENS, IF THERE WERE, THERE WAS A JUDGMENT. IF IT GOES TO DISTRICT COURT, YOU NO LONGER HAVE JURISDICTION OVER IT. SO THAT'S ANOTHER TYPE OF LIEN THAT YOU WOULDN'T HAVE, UH, THE ABILITY TO RESERVE HER OUT. IS THERE ANY OTHER COMMISSIONERS HAVE QUESTIONS OR DISCUSSION ON THE PROPOSED ORDER BY STAFF? YOU HEAR ME? YES. I'M SORRY. I'M HAVING COMPUTER ISSUES. UM, I JUST, MAYBE MR CAR CAN EXPLAIN THIS. CAN SOMEONE EXPLAIN WHY THESE CASES, MANY OF WHICH ARE QUITE OLD, THE FINES WERE NEVER COLLECTED. WHY DID, WHY DID WE GET TO THIS POINT WHERE WE'RE DISMISSING ALL THESE FINES? WHAT HAPPENED? BRANDON CARR, ASSISTANT CITY ATTORNEY, UM, A LOT OF THESE CASES, UM, WE'RE UM, FOR CASES THAT WERE HANDLED BY A DIFFERENT CODE ADMINISTRATION, UM, THERE WAS NOT NECESSARILY A PROCESS FOR FOLLOWING UP ON A LOT OF THESE CASES. AND SO THAT'S WHY THERE MAY BE MISSING FILES OR THINGS THAT WERE NOT PURSUED. UM, THE COMMISSION, UM, PRIOR TO YOUR JOINING THE COMMISSION, UM, HAD A COUPLE OF MEETINGS AND WE TALKED ABOUT IT AT THE, UM, AT THE RETREAT ABOUT THESE CASES AND THE COMMISSION WANTED SOMETHING TO BE DONE WITH THESE 2012 CASES AND OLDER, UM, PARTLY BECAUSE THEY WERE CONSIDERED UNCOLLECTABLE. ARE WE VERY CONFIDENT THAT THIS KIND OF THING ISN'T GOING TO HAPPEN AGAIN, THAT THE PROCEDURE IS FOLLOWED NOW OR I'M GOING TO DO IT, ENSURE THAT FINES ARE PAID OR NOT, AT LEAST NOT PAID BECAUSE OF LACK OF DOCUMENTATION AND THINGS LIKE THAT. I'LL HAVE TO DEFER TO CODE ON THAT. YEAH. STANCE YOUR QUESTION. [01:30:01] WE'VE HAD A NEW PROCEDURE SINCE 2017. UH, THE CREDIT DIVISION TAKES ALL THE CASES WITH AN ACTIVE BSC ORDER. IF IT'S AN ROP PROPERTY, A REPEAT OFFENDER PROPERTY THAT GOES TO THE REPEAT OFFENDER TEAM, WE HAVE A POLICY IN PLACE TO MAKE SURE THAT WE ARE FOLLOWING UP ON THESE CASES MONTHLY, THE DAY AFTER THE BSC ORDER IS EXPIRED, WHERE THERE TO WALK THE OWNER THROUGH ANY ISSUES OR QUESTIONS THAT THEY HAVE ON HOW TO COME INTO COMPLIANCE. WE'RE SENDING THE FAILURE TO COMPLY LETTERS ON TIME AND WE DO HAVE A POLICY WITH OUR FINANCE DIVISION, A STANDARD OPERATING PROCEDURE THAT THEY FOLLOW, SENDING THE DEMAND LETTERS FOR COLLECTIONS AND THEN SEND THAT TO CITY LAW FOR FURTHER COLLECTION. SO WE DO HAVE POLICIES IN PLACE TO ENSURE THIS WILL NOT HAPPEN GOING FORWARD. THANK YOU. RIGHT. ANY OTHER QUESTIONS OR DISCUSSIONS ON THE PROPOSED ORDER? I THINK IT'S, YES. GO. I HAVE MR. AVILA. I'LL MAKE A MOTION THAT WE ACCEPT OUR FINDINGS OR WE ACCEPT YOUR RECOMMENDED ORDER. DO WE HAVE A SECOND? I'LL SECOND. ALL RIGHT, COMMISSIONER FREIBERGER SECONDS. UM, DO WE HAVE ANY FURTHER DISCUSSION ON THE MOTION THAT HAS BEEN MADE BY MR. AVILA? I DON'T SEE ANY. SO GO AHEAD AND CALL THE QUESTION. ALL THE COMMISSIONERS PRESENT, UM, WHO ARE IN FAVOR OF THE MOTION, PLEASE SIGNIFY BY RAISING YOUR HAND. OKAY. AND THAT'S MISSIONER FREIBERGER FERERA AVILA. ANYHOW, GREEN MUELLER SHED IN, UH, , UM, STAR SAID, AND MR. THOMPSON ON THE PHONE. YES, IT'S A AS HIGH AS IT CAN GET, BUT YOU CAN'T SEE IT. OKAY. SO, UM, THAT IS ALL OF THE COMMISSIONERS PRESENT VOTING IN FAVOR OF THE PROPOSED ORDER AND UH, THAT TAKES US TO OUR LAST AGENDA ITEM OR ITEM [Item 18] NUMBER 18, ELECTION OF OFFICERS FOR THE BUILDING AND STANDARDS COMMISSION, WHICH IS SOMETHING THAT WE NORMALLY DO IN APRIL. UM, BUT AS YOU KNOW, UH, WE HAVEN'T MET FOR A WHILE BECAUSE THE WORLD IS CHANGED AND, UH, THIS IS OUR FIRST VIRTUAL MEETING. SO ANYWAY, UM, JUST TO SHARE, I WANNA, UM, LET YOU ALL KNOW THAT AT THE END OF THE YEAR OR SOMETIME IN BETWEEN NOW AND THEN I'LL BE STEPPING DOWN FROM THE COMMISSION. UM, I WILL BE SERVING HOPEFULLY AS YOUR NEXT DISTRICT JUDGE FOR THE 200 DISTRICT FOUR. I'LL BE ON THE GENERAL ELECTION BALLOT IN NOVEMBER AS THE DEMOCRATIC NOMINEE. AND SO I'VE ENJOYED SERVING WITH YOU. AND SO FOR THAT REASON I WOULD SAY THAT I THINK WE DO NEED TO ELECT A NEW CHAIR TONIGHT AND, UM, I'LL OPEN IT UP TO DISCUSSION ON ANYONE WHO MIGHT BE INTERESTED OR WANT TO MAKE A NOMINATION. CONGRATULATIONS JESSICA. JESSICA, THANK YOU FOR SERVICE. THANK YOU. IS IT TIME FOR NOMINATIONS? SURE, GO AHEAD. I WOULD, UM, UH, NOMINATE, UH, MS FREIBERGER FAR OFF. I GUESS YOU, WHAT WOULD YOU SAY, CHAIRMAN OR CHAIRPERSON. CHAIRPERSON. YEAH, I AGREE. ALL RIGHT. AND COMMISSIONER FREIBERGER, ARE YOU WILLING TO, UH, ACCEPT THAT NOMINATION? OKAY. I AM WILLING THAT I AM SAD TO SEE YOU THOUGH. THAT'S OKAY. WONDERFUL. SURE. WELL, IT'S BEEN AN INTERESTING EXPERIENCE. I THINK IT'S BEEN REALLY GOOD WORK AND I'VE ENJOYED, ENJOYED IT. IT'S ACTUALLY BEEN ALMOST GOING ON SIX YEARS NOW. SO, UM, DO WE HAVE ANY NOMINATIONS FOR VICE CHAIR OR SHOULD WE GO AHEAD AND VOTE? I DON'T KNOW. UM, ANY OTHER NOMINATIONS FOR CHAIR SEEING NONE. I'LL GO AHEAD AND CALL THE QUESTION. ALL IN FAVOR OF ELECTING MISSIONER FREIBERGER IS OUR NEW CHAIR SAYING AYE. ALL RIGHT. BY THE SHOW OF HANDS, THAT'S UNANIMOUS. AND MR. THOMPSON, DO YOU WANT TO RECORD YOUR VOTE? YES. MAKE IT UNANIMOUS. OKAY, [01:35:01] THAT'S GREAT. AND THEN WE, I'M VICE CHAIR NOW. SO ARE THERE NOMINATIONS INTERESTED IN SCOPING AT ALL? I SEE MR. AVILA. THAT'S THE STANDUP. WHAT WAS THAT? MR. GREEN AT THE SAME TIME THAT PABLO HAD HIS HAND UP. OKAY. EXCELLENT. I THINK THERE ACTUALLY, WE HAVE LOTS OF EXCELLENT CHOICES HERE. OKAY. ALL RIGHT. DO WE HAVE A SECOND? OKAY. MOTION WELL SAID. HE'S INTERESTED. DOES ANYONE ELSE INTERESTED OR ANYONE WANT TO MAKE THAT A FORMAL NOMINATION? OKAY. ALL RIGHT. WE GOT A MOTION FOR MR ABELA TO BECOME OUR VICE CHAIR SECOND AND BY MR. GREEN. ANY OTHER DISCUSSION OR OTHER NOMINATIONS SAY NO. NO, NO. ACTUALLY I'M GOING TO THROW A COUPLE OF OTHER NAMES OUT. I DO THINK MR ABILA WOULD BE WONDERFUL IF HE, HE'S SO WILLING. UM, I ALSO THINK MS , I JUST SLAUGHTERED HER NAME. I'M SORRY. I THINK SHE'LL BE WONDERFUL. I THINK MR FERRARA WOULD BE WONDERFUL. OKAY. WE HAVE LOTS OF EXCELLENT CHOICES. YEAH. GREAT. OKAY, WELL THANK YOU FOR THAT. THANK YOU FOR THOSE WORDS ANDREA. I THINK I'M PLANNING TO BE ON THE COMMISSION ANY YEAR, SO I HAVE PLENTY OF CHANCES IN THE FUTURE. AND THANK YOU. I'M NOT QUITE SURE BECAUSE I'M SO NEW TO THE WHOLE THING, BUT UH, I APPRECIATE THAT. I APPRECIATE THE VOTE OF CONFIDENCE. ALRIGHT. ALRIGHT, WELL SEEING NO FURTHER DISCUSSION, WE'LL GO AHEAD AND CALL THE QUESTION. ALL IN FAVOR OF THE NOMINATION FOR MR. AVILA AS VICE CHAIR. UM, SHOW OF HANDS. THAT'S EVERYONE YOUR HANDS UP. MR. THOMPSON. ALL RIGHT. YES MA'AM. OKAY, SO WE HAVE OUR NEW CHAIR AND VICE CHAIR AND UM, CONGRATS AND WISHES AND WE WILL. UM, NEXT WE HAVE OUR FUTURE [Future Agenda Items] AGENDA ITEMS. UM, MARLENA OR MELANIE, DO Y'ALL WANT TO TALK ABOUT UPCOMING? YES, I'D LIKE TO MENTION ONE THING. WE DO NEED TO DISCUSS THE ANNUAL REPORT POSSIBLY NEXT MONTH. SO IT'S DUE AT THE END OF JULY. SO IF I COULD BRING MAYBE A DRAFT AND LAST YEAR'S REPORT TO THE NEXT MEETING SO THAT YOU COULD REVIEW IT AND VOTE ON ANY, UM, DISCUSS ANY GOALS FOR THE COMING YEAR, THEN I CAN PREPARE A GRAFT AND BRING IT BACK IN JULY FOR EVERYONE TO LOOK AT. WOULD THAT BE ACCEPTABLE? THANK YOU. SOUNDS GOOD. OKAY, GREAT. THANK YOU. IF YOU COULD SEND IT OUT IN ADVANCE OF THE MEETING FOR REVIEW, THAT WOULD BE APPRECIATED. OKAY. THAT WOULD BE FINE. I'LL BE HAPPY TO. THAT'S ALL I HAVE. IF, UM, MELANIE, WHAT ABOUT FUTURE MEETINGS? ARE WE ANTICIPATING HAVING VIRTUAL MEETINGS THROUGH THE SUMMER OR DO WE KNOW? I JUST ASKED THE CITY CLERK'S OFFICE ABOUT THAT TODAY AND THEY SAID THE MAYOR'S, WELL, I GUESS THE NEXT, UH, WE WON'T KNOW UNTIL THE MIDDLE OF JUNE IF IT'S EXTENDED OR NOT. AND SO, WELL, I THINK IT'S JUNE 12TH. WE'LL KNOW WHETHER AFTER JUNE 12TH, WHETHER OR NOT IT'S EXTENDED TO HAVE, UH, IT MIGHT BE THE GOVERNOR'S ORDER. BUT ANYWAY, WE WILL KNOW AFTER JUNE 12TH WHAT'S GONNA HAPPEN. AND THEN I CAN LET YOU KNOW ONCE I HAVE NO SOMETHING MORE DEFINITE, BUT IT'S POSSIBLE IT WILL KEEP GOING AND WE DON'T REALLY KNOW. DID WE ANTICIPATE THE NEED FOR A SPECIAL CALLED MEETING IN ORDER TO MAKE UP FOR THE MEETING THAT WE HAD TO? YES. WE HAVEN'T DISCUSSED THAT. UM, I'LL HAVE TO SEE HOW MANY CASES WE HAVE RIGHT NOW. UM, WE DEFINITELY HAVE THE CASES THAT WE WERE PLANNING TO HEAR IN FEBRUARY THAT WE COULD HERE IN JUNE. AND THEN I'LL HAVE TO LOOK AND SEE IF WE HAVE A VOLUME OF CASES BEYOND THAT, WHETHER OR NOT [01:40:01] THAT'S WARRANTED. OKAY. OKAY. ANYTHING ELSE? ALL RIGHT. WELL, IT'S BEEN NICE SEEING YOU VIRTUALLY. THAT'S WHY SHE WANTS TO OUR NEW CHAIR AND SHARE LEGS. THE MEETING OF THE BUILDING AND STANDARDS COMMISSION, UH, STANDS ADJOURNED AT EIGHT, 19. YEAH. GREAT JOB. ALL RIGHT. . * 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.