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[00:00:04]

UM, I'M GOING

[Call to Order]

TO GO AHEAD AND CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR JUNE 24TH, 2020.

UH, LET THE RECORD SHOW THAT THE TIME IS 6:33 PM.

MY NAME IS MY NAME IS ANDREA FREIBERGER.

I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

UM, AND ACTUALLY BEFORE WE GO MUCH FURTHER, OF COURSE, THIS IS A VIRTUAL MEETING AND I WOULD JUST REQUEST THAT EVERYONE, PLEASE MUTE, MUTE YOUR MICROPHONE UNLESS YOU ARE SPEAKING OR CALLED UPON TO SPEAK.

UM, I'D LIKE TO DO A ROLL CALL FOR THE OTHER COMMISSION MEMBERS, UM, ACTUALLY COORDINATOR ALLIE.

WOULD YOU BE WILLING TO DO THAT? ROLL CALL MELANIE.

ALLIE, ARE YOU ON THE LINE? YES, SHE'S HERE.

GIVE US ONE SECOND TO GET OUT OF MIC.

OH, OKAY.

OTHERWISE I'D BE HAPPY TO DO THE ROLL CALL.

I'LL I'LL JUST GO AHEAD AND, AND DO THAT.

UM, BUT I'M DOING THIS JUST BASED ON THE NAMES THAT I CAN SEE ON THE PARTICIPANTS.

SO I MIGHT ACTUALLY MISS SOMEONE, UM, ELIZABETH MUELLER.

UM, CAN YOU GUYS ON YES, I CAN.

MANGRUM I'M HERE.

ALRIGHT, SO SHODDY, WOLGAN BODIE.

I'M HERE.

TIMOTHY STOW STUD HERE.

WHERE DO YOU THOMPSON JAMES AND I MIGHT HAVE MISSED SOMEONE.

IS MR. GREEN HERE ALSO, IF ANY OTHER COMMISSIONERS ARE ACTUALLY PRESENT AND I WAS UNABLE TO SEE YOUR NAME, PLEASE GO AHEAD AND STATE YOUR NAME AND THAT YOU WERE PRESENT.

I THINK THE TWO THAT WERE MISSED WERE PABLO ABOLA AND NATALIA SHEDDEN.

OH, THANK YOU.

AND THEN EDGAR FOR PABLO AVILA.

ARE YOU PRESENT? CAN YOU HEAR ME JR.

CAN YOU HEAR ME? THIS IS MELANIE.

YES, I CAN HEAR YOU NOW.

MISS MS. ALLIE.

OKAY.

WE'RE MISSING JOHN GREEN, EDGAR FERRERA, AND AN ITALIA SHEDDING LOOKS LIKE JOHN GREEN IS ONLINE NOW.

OKAY.

OKAY, MR. GREEN, IF YOU ARE HERE, COULD YOU SAY PRESENT? THANK YOU.

AND, UH, NATALIA SHUT-IN ARE YOU PRESENT? OKAY.

NOT HEARING FROM NATALIA PABLO ABILA ARE YOU PRESENT AND MR. VOGUE, I BELIEVE MR. CHIEF.

YES, I CAN.

THANK YOU.

OKAY.

DID I MISS ANYONE? AND MY APOLOGIES IF I DID.

YEAH, WE CALLED HIM.

ALL RIGHT.

WONDERFUL.

UH, SO TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.

THE COMMISSION WILL CONSIDER EIGHT CASES FROM FOUR DIFFERENT PROPERTIES.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

SO IT IS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.

UM, AND I WOULD JUST ADD TO THAT.

PLEASE MUTE YOUR MICROPHONE UNLESS YOU ARE SPEAKING.

THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLEY, AUSTIN CODE INVESTIGATOR MARLENA, RIGHT? WE'LL CALL EACH CASE ON THE AGENDA.

UM, AND FOR THIS MEETING, BEFORE ANY OF THE CASES ARE CALLED, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER PUBLIC COMMENT ABOUT THE CASES ON THE AGENDA.

AND THEY WILL HAVE THREE MINUTES TO SPEAK.

AND WHEN EACH CASE IS CALLED, THE CHAIR WILL ASK IF THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY ARE PRESENT ON THE LINE 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

[00:05:01]

AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.

YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.

YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

AND OUR DESIGNATED TIMEKEEPER THIS EVENING WILL BE OUR CTM REPRESENTATIVE.

I BELIEVE AFTER YOU HAVE PRESENTED YOUR WITNESSES INVESTIGATOR, RIGHT, MAY ASK YOUR WITNESS QUESTIONS ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES.

THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL OF 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 THE DECISION BE MAILED TO YOU.

THE DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF, IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.

SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

SO WE'RE GOING TO DO THIS A LITTLE BIT BACKWARDS TONIGHT.

WE'LL SAY THE OATH.

AND THEN INSTEAD OF EVERYONE SAYING, I DO JUST, IF ANYONE OBJECTS, PLEASE STATE UNMUTE YOURSELF AND STATE.

SO, SO DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

AGAIN, IF YOU DISAGREE, PLEASE UNMUTE YOURSELF AND LET US KNOW, OKAY.

HEARING NOTHING.

UM, AND IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.

SO, UM, INVESTIGATOR, RIGHT? YES.

THANK YOU, CHAIR.

IF YOU ARE READY, I AM TO PROCEED.

I JUST WANT TO REMIND EVERYONE THAT THERE IS NO CITIZENS COMMUNICATION ALLOWED AT THE VIRTUAL MEETINGS.

THIS APPLIES TO ALL THE BOARDS AND COMMISSIONS.

AND BEFORE WE MOVE ON

[Approval of Minutes]

TO THE CASES, CAN WE GO AHEAD AND APPROVE THE MEETING FROM LAST MONTH'S HEARING? OH YES.

THANK YOU.

OKAY.

AT THIS TIME, I WOULD LIKE TO MOVE ON THE APPROVAL OF THE MINUTES OF THE MAY 27, 2020 MEETING.

A COPY OF THE MINUTES IS IN THE GOOGLE DOCS FOLDER.

SHOULD YOU NEED TO REVIEW THEM? OKAY.

THANK YOU.

WE'LL GIVE EVERYONE JUST A MINUTE TO MAKE SURE THAT THEY'VE TAKEN A LOOK AND AS CHAIR, I AM NOT ABLE TO MAKE A MOTION HERE, BUT IF SOMEONE ELSE WOULD LIKE TO ENTERTAIN A MOTION FOR APPROVAL OF THE MINUTES, PLEASE DO 20, 20 REGULAR MEETING.

YES.

MR. ABILA SORRY.

YEAH.

CORRECT.

CITIZEN NEEDS TO MUTE THEIR PHONE.

HE HAS A QUESTION ON THE SPELLING OF YOUR NAME.

MUTE YOURSELF, PRESS STAR SIX.

SO THIS IS THE SPELLING.

I'M SORRY.

THE QUESTION WAS ON THE SPELLING OF YOUR NAME.

IS THAT CORRECT? COMMISSIONER ABILA OKAY.

IS IT SOMETHING THAT COULD BE ADDRESSED RIGHT HERE AND NOW I DON'T KNOW THAT WE'VE EVER TAKEN AN ISSUE WITH THE MINUTES.

NO, THAT WOULD BE A QUESTION FOR OUR COORDINATOR, MELANIE, ALLIE.

OKAY.

PROVE IT.

AND ALLOW ME TO MAKE THE CHECK IF YOU'LL APPROVE IT AND ALLOW ME TO MAKE THAT CHANGE.

I CAN DO THAT LATER.

I'M SORRY, COORDINATOR.

ELLIE.

WE CAN JUST BARELY HEAR YOU BARELY HEAR ME NOW.

CAN YOU HEAR ME IS MUCH BETTER.

THANK YOU.

SO IF YOUR NAME IS MISSPELLED, IF YOU WOULD APPROVE IT AND ALLOW ME TO MAKE THAT CHANGE, I WILL MAKE IT BEFORE I UPLOAD THE MINUTES.

[00:10:03]

OKAY.

SO I THINK, I, I THINK WHAT I HEARD IS THAT IF WE GO AHEAD AND VOTE ON APPROVING IT, BUT KNOWING THAT THERE'LL BE THE CHANGE TO THE SPELLING OF MR. AVILA'S NAME.

YES.

I WILL MAKE THAT CHANGE IF THAT'S, IF Y'ALL ARE OKAY WITH THAT.

EVERYONE'S OKAY WITH ME MAKING THE CHANGE.

I'LL DO THAT.

OKAY.

SO ALL IN FAVOR OF APPROVING THE MINUTES WITH THE ONE CHANGE PENDING TO MR. HIS NAME FOR THE MAY 27TH, 20, 20 REGULAR MEETING, I GUESS, WAVE, WAVE YOUR HANDS AND SAY AYE.

AYE.

ANY OPPOSED? ANY OPPOSED? OKAY.

THANK YOU.

WE'LL CALL IT UNANIMOUS FOR THE COMMISSIONERS WHO ARE PRESENT.

ALRIGHT.

OKAY, PERFECT.

YES, PLEASE SHARE.

AS I CHAIR, AS I MENTIONED BEFORE, WE DO NOT ALLOW ANY CITIZEN'S COMMUNICATION AT THE VIRTUAL MEETINGS.

HOWEVER, FOR THE VIRTUAL MEETINGS ONLY WE DO, WE DO ALLOW FOR PUBLIC COMMENT TO BE HEARD PRIOR TO THE CASES BY THAT I'M REFERRING TO ANY LEGALLY INTERESTED PARTIES WHO HAVE SIGNED UP TO SPEAK ON AN AGENDA ITEM AND ARE NOT A PROPERTY OWNER OR AN OWNER'S REPRESENTATIVE.

WE DO NOT HAVE ANYONE SIGNED UP FOR TONIGHT FOR PUBLIC COMMENTS, WITH YOUR PERMISSION.

I'D LIKE TO MOVE ON TO THE CASES ON THE AGENDA.

ABSOLUTELY.

THANK YOU.

UM, AND PLEASE DO PROCEED WITH THE CASES.

ALL RIGHT.

THE FIRST CASE ON THE AGENDA IS

[Item 1]

CASE NUMBER SEAL 2020 ZERO FOUR ZERO EIGHT TWO NINE IS REGARDING THE PROPERTY LOCATED AT 53 15 AURORA DRIVE STAFF EXHIBIT EXHIBITS CAN BE FOUND IN THE PINK BOOK IN YOUR GOOGLE DRIVE FOLDER.

THIS CASE IS REGARDING A PROPERTY WITH TWO PRIMARY RESIDENTIAL STRUCTURES AND IS NOT HOMESTEADED AT THIS HEARING.

WE ARE ONLY ADDRESSING THE REAR PRIMARY STRUCTURE.

THIS CASE IS ABOUT SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR IN YOUR READERS.

YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CANES THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP IN MAP OF THE PROPERTY PROPERTY, IDENTIFYING THE REAR PRIMARY STRUCTURE, THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED TWO WAY THROUGH TO F AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.

KENNETH NATAL IS CURRENTLY ASSIGNED TO THIS CASE INSPECTOR NETTLES HERE TONIGHT, AND WE'LL PRESENT THE PHOTOGRAPHS MARKED TWO EIGHT, THREE, TWO F, AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR NETTLE.

PLEASE BEGIN YOUR TESTIMONY.

CAN YOU HEAR ME NOW? HELLO? YES.

YES, WE CAN HEAR YOU.

I'M SURE.

UH, GOOD EVENING COMMISSIONERS.

MY NAME IS KENNETH NETTLE.

I'M AN INSPECTOR FOR AUSTIN CODE APARTMENTS.

THE PROPERTY BEING BROUGHT FOR YOU TODAY IS A RESIDENTIAL PROPERTY AT THREE 15 OR DRIVE.

IT IS ACTUALLY AN SF THREE, A RESIDENCE TO KEKE CAT OWNER IS ROGER SMITH.

AND THIS CASE WAS TRANSFERRED TO ME ON DECEMBER 18TH, 2019.

THE VIOLATIONS REMAINED THE SAME AND I'M TRYING TO ESCALATE THIS, UH, DUE TO THE, UH, VIOLATIONS.

I WILL NOW PRESENT MY PHOTOS AND DISCUSS VIOLATIONS PICTURES.

DO A, UH, THIS IS THE FRONT PICTURE.

UM, UH, THE PROPERTY, THIS IS THE, UH, PRIMARY STRUCTURE NOW ON THE PROPERTY.

IT'S ACTUALLY A DUPLEX.

UM, THAT WAS, IT WAS A SINGLE AND IT GOT TRANSFERRED INTO A DUPLEX.

SO THE THIRD BUILDING THAT'S IN QUESTIONNAIRES IN VALLEJO IS ACTUALLY IN THE BACK.

IF YOU GO DOWN THE DRIVEWAY THERE, THAT CONCRETE DRIVEWAY, YOU CAN BARELY SEE THE HOUSE SO YOU CAN SEE IT FROM THE RIGHT-AWAY JUST NOT VERY GOOD, UH, PLEASED TO BE .

THIS IS ANOTHER PICTURE OF THE PRIMARY STRUCTURE.

I JUST TOOK THE BACK OF IT TO SHOW THAT IT IS A DUPLEX AND IT IS WITHIN CODE AS A DUPLEX A TO SEE, PLEASE, THIS IS THE STRUCTURE THAT IS IN THE BACK, THAT IS IN VIOLATION.

UH, THIS STRUCTURE HERE, UH, HAS, UH, BROKEN WINDOWS, HAS NO PROTECTION, UH, ON DECIDING THE ROOF AS OSB, UH, ON IT.

YOU'LL SEE THAT IN ANOTHER PICTURE.

UH, THE CEILINGS COLLAPSING ON THE INSIDE, UH, THE WINDOWS ARE BROKE AND WE PLEASE MOVE TO NEXT SLIDE.

HERE'S ANOTHER PICTURE OF THE FRONT OF THE HOUSE.

UH, IT'S VERY, UM, YOU CAN SEE DECIDING IS MISSING, UM, THE FACIA UP THERE'S ROTTING.

[00:15:02]

UM, AND WE PLEASE MOVE TO THE NEXT ONE.

THIS IS THE OSB ON TOP OF THE ROOF ON THIS IS COVERING THE WHOLE, UM, THAT'S ON TOP.

IT'S CAUSING A LEAK THROUGHOUT THE STRUCTURE FOR THE INSIDE AND WATER DAMAGE.

MOVE TO THE NEXT ONE, PLEASE.

THIS IS THE DANGEROUS CONDITION THAT WAS POSTED.

ALSO WITH THE NOTICE OF ALL ELECTION.

AGAIN, YOU CAN SEE THE WOOD ON THERE.

THERE IS NO, UH, PROTECTED, UH, ON THERE WHATSOEVER.

EXCELLENT, PLEASE.

THANK YOU, KENNETH, 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 WITH SUBSTANDARD CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED IS TWO EIGHT THROUGH TWO F STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY.

PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE REAR PRIMARY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AND 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 SHALLOW CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.

YOU READY? COMMISSIONERS HAVE QUESTIONS FOR STAFF AT THIS TIME? YES, I DO HAVE A QUESTION.

GO AHEAD.

IS THE, A SONG FROM THE RECORD THAT THE OWNER, AT SOME POINTS THAT THEY WERE LOOKING TO DEMOLISH THIS STRUCTURE, IS THAT RIGHT? YES.

MA'AM AS YOU SAID, THERE'S EITHER REPAIR OR THE MALL IS GIVEN .

HAVE THEY BEEN ABLE TO GET ANY MORE INFORMATION ABOUT THAT THEY HAVE ON, I GAVE THEM INFORMATION, GALL DSD FOR HELP ON MARCH 25TH, 2014, THE GENTLEMEN IS CONCERNED ABOUT LOSING, UH, IT'S ALREADY A DUPLEX, SO HE PARENTS ARE, AND ONCE HE CARRIES THAT DOWN, HE'S NEVER GOING TO GET HIM OR HAVE THAT TRIPLEX ON THERE.

SO THAT'S WHY I BELIEVE THAT WE'RE STILL ON HIS PREDICTING.

OKAY.

THANK YOU.

SURE.

I THINK YOU'RE MUTED.

THANK YOU.

ANY OTHER QUESTIONS FROM THE COMMISSION FOR THE CITY AND CITY INSPECTOR? THIS IS JOHN GREEN.

GO AHEAD.

COMMISSION YOUR BRAIN.

UM, I WAS CURIOUS, HAVE THERE BEEN ANY COMPLAINTS ABOUT THIS PROPERTY WITH, UH, UH, APD OR CODE, UH, PRIOR TO THIS, UH, FROM THE PUBLIC? NO, SIR.

NOT THAT I SAW.

UH, AND SINCE I'VE HAD HIS CASE TRANSFER ME, I'VE HAD NO COMPLAINTS FROM ANY OTHER CITIZENS, BUT THIS HAS BEEN GOING ON FOR TWO AND A HALF YEARS.

YES.

AND I RECEIVED THE CASE.

IT WAS TRANSFERRED TO ME DECEMBER 18TH, 2019.

AND I DO NOT SEE ANYTHING THE CASE FILE JAN, SINCE THEN, I HAVEN'T HAD ANY ISSUES WITH CITIZENS.

THANK YOU VERY MUCH.

GOTCHA.

UM, THIS IS LIZ MILLER.

I HAVE A QUESTION.

SO THANK YOU.

UM, TWO UNITS, THERE'S A DUPLEX ON THE FRONT AND A UNIT ON THE BACK.

DOES THE ZONING CURRENTLY ALLOW FOR A THIRD UNIT? YOU SAID THAT THE OWNER IS CONCERNED.

HE WOULDN'T BE ABLE TO HAVE A THIRD UNIT.

IS IT LEGAL FOR HIM TO HAVE A THIRD UNIT NOW? NO, NO.

MA'AM THE ONLY THING HE CAN DO IS ASK FOR AN AMNESTY CERTIFICATION OF OCCUPANCY AND I DON'T SEE HOW THAT'S GOING TO BE POSSIBLE.

UH, BUT RIGHT NOW, UH, THE ONLY CHOICE I BELIEVE HE HAS IS TURN IT DOWN.

BUT, UH, THAT'S WHERE WE'RE AT RIGHT NOW.

NOT UNLESS HE CHANGES THE FIRST UNIT INTO A SINGLE FAMILY FROM A DUPLEX.

SO IF HE WAS TO REPAIR THIS, IT WOULD BE ILLEGAL FOR SOMEONE TO OCCUPY IT UNLESS HE WAS ABLE TO, UM, GET AMNESTY.

YES.

MA'AM OR CHANGED THE FIRST UNIT IN THE PRODUCT, THE PRIMARY RIGHT NOW TO A SINGLE FAMILY.

YES.

MA'AM.

AND THERE'S NO ONE LIVING IN THIS UNIT.

IS THERE? OH NO.

MA'AM OKAY.

THANK YOU.

ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION AT THIS TIME?

[00:20:06]

OKAY.

SO I BELIEVE WE HAVE A REPRESENTATIVE FROM THE PROPERTY ON THE LINE.

DO WE HAVE A CAROLINE TRIMARCO IS CAROLINE TRIMARCO ON THE LINE? REMINDER TO TRY STAR SIX, IF YOU'RE NEEDED OR POSSIBLE.

CAROLINE FROM ARCO.

YES, THIS IS CHRISTIE TRIMARCO AND I'M NOT HEARING ANYTHING I'M CONCERNED.

HELLO? HELLO.

YES, WE CAN.

WE CAN HEAR YOU, BUT CAN YOU, ARE YOU NOT ABLE TO UNMUTE IT? WE, WE ARE ABLE TO HEAR YOU NOW.

IF YOU CAN HEAR US AND YOU WOULD LIKE TO GO AHEAD AND PROCEED WITH YOUR WHAT'S YOUR, CAN YOU HEAR ME NOW? IT'D BE GREAT.

YES.

CAN YOU HEAR ME? YES.

CAN YOU HEAR ME? YES, I CAN HEAR YOU.

I, MR. MARCO.

HELLO? ARE YOU STILL THERE? YEAH.

YES.

THANK GOODNESS.

YEAH.

OKAY, GOOD.

WOULD YOU LIKE TO GO AHEAD AND SEE, WE CAN HEAR YOU NOW.

THAT WAS A VERY, VERY SCARY MOMENT THERE.

ANYWAY, MY OWNER, THE OWNER OF THIS PROPERTY WAS UNABLE TO ATTEND, UNFORTUNATELY BECAUSE HE'S IN A FAMILY COURT MEETING AND CO UM, CALIFORNIA.

AND, UM, IT'S BECAUSE OF CALIFORNIA TIME, HE'S IN THAT MEETING RIGHT NOW.

UM, HE REALLY WISHES THIS COULD BE POSTPONED, BUT I'M GOING TO SPEAK FOR HIM TO THE BEST OF MY KNOWLEDGE, UM, BECAUSE HE CAN'T BE HERE.

THE, WHEN HE PURCHASED THIS PROPERTY AND I DON'T HAVE THE DATES IN FRONT OF ME WHEN HE PURCHASED THIS PROPERTY, IT WAS, UM, THEY ASKED, HE WAS TOLD HE HAD TO PUT THE OUTSIDE STAIRS ON, UM, TO THE BACK OF THE, THE FRONT HOUSE.

A FEW YEARS AGO, WE HAD TO TAKE, UH, TO DEAL WITH, UM, THE TRIPLEXES ISSUE IN THE FRONT UNIT.

WE WENT THROUGH CODE ENFORCEMENT AND MADE IT ONE UNIT, NOT A DUPLEX.

THEY HAD HAD US CLOSE OFF THE INTERIOR, YOUR STAIRS, THE INTERIOR STAIRS ARE NOW OPEN AND THE BACKSTAIRS ARE SUPPOSED TO ONLY BE A FIRE EXIT.

MMM.

THAT THAT'S THE PURPOSE.

AND THE OWNER REALLY JUST WANTS TO FIX THE THING THAT HE CANNOT, HE'S TRIED VERY HARD TO GET A PERMIT.

HE HASN'T BEEN ABLE TO GET A PERMIT AS A TRIPLEX.

HE SAID, WILLING TO KEEP IT.

IT'S A DUPLEX.

YOU KNOW, THE ONE UNIT IT'S GOT, UH, UH, UPSTAIRS BED, BASICALLY A MASTER SUITE WITH A LITTLE KITCHENETTE UP THERE AND WE'RE OPERATING IT AS A SINGLE UNIT.

THEY SHARE SOME UTILITIES, THEY SHARE UTILITY ROOM AND, UM, IT'S JUST BEEN AN ONGOING THING HE'S BEEN TRYING.

HE HAS HE'S READY, WILLING, AND ABLE TO FIX THE UNIT.

HE HAS, THEY CONTRACT THEY'RE ONBOARD TO DO IT.

HE HAS AN ARCHITECT HAS DRAWN UP PLANS.

HE REALLY DOES NOT WANT TO TEAR IT DOWN.

UM, HE REALLY JUST WANTS TO FIX IT UP.

AND IT'S BEEN TRYING TO DO THIS FOR MANY YEARS THAT WE'VE BEEN HAVING THIS ISSUE.

IT'S BEEN VACANT FOR A WHILE.

AM I STILL HEARD? YES.

YES YOU ARE.

UM, SO DOES THAT, DOES THAT CONCLUDE YOUR, I, YOU KNOW, UNFORTUNATELY, YOU KNOW, I ONLY KNOW I'M THE PROPERTY MANAGER FOR THE FRONT UNIT.

I DON'T KNOW.

I'M NOT PRIVY TO A LOT OF HIS, UM, DEALINGS WITH THE CITY AND TRYING TO GET A PERMIT, BUT I KNOW HE SAYS THAT HE HAS TRIED TO GET A PERMIT

[00:25:01]

AND THAT HIS CONTRACTOR HAS TRIED TO GET A PERMIT.

AND WE'RE REALLY JUST KIND OF DUMBFOUNDED BECAUSE WE WENT THROUGH THIS, GOSH, IT HAS TO BEEN LIKE AT LEAST SIX YEARS AGO WHERE WE WENT WITH, UH, CODE ENFORCEMENT ENFORCEMENT, DUPLEX, THE FRONT UNIT.

SO , AND I DON'T THINK I HAVE ANYTHING MORE TO ADD.

OKAY.

THANK YOU.

UM, I HAVE A QUESTION BEFORE I OPEN THIS UP TO THE OTHER COMMISSIONERS.

SO YES.

START FROM THE OWNER'S PERSPECTIVE.

THE OWNER IS WILLING TO REPAIR THAT THE UNIT THAT'S IN THE BACK, THE FRONT UNIT HAS ALREADY BEEN AN UNDIVIDED AND IT IS JUST A SINGLE DWELLING UNIT.

YES.

THERE IS AN INTERIOR STAIRWAYS, OBVIOUSLY THAT THERE'S AN ENTRANCE ON THE SIDE AND IT GOES UP THAT IS THE ENTRANCE.

THE, UH, TENANT HAS BEEN TOLD TO USE.

OF COURSE I CAN'T RELATE, BUT TENANT IN THAT UPSTAIRS BEDROOM, BUT WE'RE OPERATING IT AS A SINGLE UNIT.

OKAY.

NOW HAS, HAS THE OWNER TRIED TO GET, AND I'M SORRY IF THIS WAS ALREADY COVERED, BUT THE OWNER HAS TRIED TO GET A PERMIT TO REPAIR THE STRUCTURE IN THE BACK, BUT IS UNABLE TO, IS THAT WHAT I HEARD THAT IS, THAT IS WHAT HE HAS TOLD ME.

AND , THAT'S ALL I CAN SWEAR TO CAUSE I WASN'T PRE I WASN'T IN ON THE CONVERSATION, BUT THERE SHOULD BE RECORDS THAT, UH, IT WAS HIS APPLICATION.

NOW HE'D LIKE TO PUT IT A TRIPLEX, IF THAT'S POSSIBLE THAT HE'S MORE THAN TO KEEP IT AS A DUPLEX WITH THAT ONE FRONT UNIT BEING OPERATED AS A SINGLE RESIDENCE.

OKAY.

SO FOR THIS COMMISSION, I DON'T BELIEVE THAT WE CAN ADDRESS THE QUESTION OF THIS BEING A TRIPLEX VERSUS A DUPLEX.

THAT'S GOING TO BE, YOU KNOW, ZONING, LAND DEVELOPMENT CODE ISSUE.

UM, BUT WE, WE CAN ADDRESS THE QUESTION OF COURSE, OF WHETHER OR NOT THE STRUCTURE IN THE BACK NEEDS TO BE REPAIRED.

ABSOLUTELY.

IT DOES.

THERE'S ABSOLUTELY NO QUESTION THAT HAS TO BE THE OWNER PUT INTENSIVE RENOVATIONS INTO THE FRONT HOUSE.

OBVIOUSLY IT WAS OLDER, IT WAS A RENTED HOUSE.

HE GOT RUN DOWN.

HE SPENT A FORTUNE GETTING THE FIRST, THE FRONT HOUSE DONE REALLY WELL.

HE WANTS TO DO THE SAME WITH THE BACK HOUSE AND HAS BEEN TRYING TO DO THAT FOR SOME TIME, BUT WITHOUT A PERMIT, THERE'S REALLY NOTHING HE CAN DO.

OKAY.

I JUST WANT TO, UH, UH, REMIND THE COMMISSION THAT, UH, NO PERMITS HAVE BEEN APPLIED FOR, FOR THE REAR STRUCTURE TO THE DSD OR PLANNING DEPARTMENT ABOUT REZONING OR REPAIRING ANYTHING TO DO WITH THAT BACK STRUCTURE.

OKAY.

THANK YOU, INVESTIGATOR.

RIGHT.

SO ONE MORE.

I HAVE ONE MORE QUESTION FOR THE PROPERTY MANAGER.

UM, SO IF PERMITS ARE ABLE TO BE SECURED, HAS THE OWNER GIVEN ANY INDICATION OF HOW LONG IT WOULD TAKE TO REPAIR THE STRUCTURE? DOES HE HAVE A SCHEDULE OR HAS HE TALKED TO CONTRACTORS? LARRY, HE HAS ALREADY GOT A CONTRACTOR.

HE TOLD ME HE HAD APPLIED FOR A PERMIT AND I'M NOT SURE WHAT THE ISSUE IS WITH THE PERMIT AND WHY IT STARTS SHOWING UP AS A PERMIT.

OH, BECAUSE, WELL, I DON'T KNOW.

I CAN'T ANSWER TO THAT, BUT TO THE BEST OF MY KNOWLEDGE, HE HAS A CONTRACTOR READY TO GO.

HE'S ALREADY HAD AN ARCHITECT, LOOKS AT IT.

THERE'S ISSUE WITH DRAINAGE BACK THERE.

SO THEY HAVE TO ACCOMMODATE FOR THAT SOMEHOW.

BUT HE'S ALREADY PUT WORK INTO THAT NOW WHETHER THOSE CONTRACTORS HAVE OTHER PEOPLE THAT, YOU KNOW, OBVIOUSLY IT'S A JOB THEY CAN'T DO.

THEY'RE GOING TO GO ON AND DO OTHER JOBS.

BUT IT'S MY BELIEF THAT HE IS READY, WILLING, AND ABLE TO DO THE WORK ON THE BACK UNIT.

OKAY.

THANK YOU, MR. MARCO, UM, FELLOW COMMISSIONERS.

DO YOU HAVE QUESTIONS FOR MR. MARCO? JOHN GREEN, COMMISSIONER GREEN.

UH, YES.

MA'AM UM, THIS, UH, PARTICULAR, UH, UH, EFFORT WITH CODE HAS BEEN GONE FOR TWO AND A HALF YEARS.

DO YOU HAVE ANY INSIGHT INTO WHY THE, UH, OWNER HASN'T ADDRESSED THE ISSUE UP UNTIL NOW? OKAY.

TO MY KNOWLEDGE, HE HAS THAT HE'S BEEN TRYING TO GET, HE WANTED TO REPAIR IT AT THE SAME TIME, AND THIS IS THE FIRST HOUSE WAS DONE, BUT DONE, BUT HE GOT THE CONTRACTOR WHO DID THE FIRST HOUSE FAILED BEFORE FINISHING.

AND HE, WHAT HE'S TOLD ME, WHICH IS THE BEST I CAN GIVE YOU IS THAT HE'S BEEN TRYING TO GET PERMITS TO DO IT.

AND CODE, UH, UH, YOU SAID THAT THERE'S NO CURRENT RECORD OF,

[00:30:01]

UH, UH, REQUEST FOR A PERMIT FOR THIS PART OF THE PROPERTY.

THAT IS CORRECT.

THE ONLY PERMIT WE HAVE ON RECORD IS A BUILDING PERMIT THAT WAS OBTAINED FOR THE FRONT STRUCTURE IN 2013 TO REPLACE THE EXISTING WINDOWS.

THE LAST PERMIT ON RECORD WOULD HAVE BEEN FOR THE FRONT HOUSE FOR A PLUMBING PROPENT BACK IN 2000.

THANK YOU VERY MUCH.

SO I DO HAVE ANOTHER QUESTION FOR CODE ACTUALLY.

SO IF THE OWNER IS UNABLE TO PULL A PERMIT, BECAUSE THIS IS A NONCONFORMING STRUCTURE, WOULD THAT EVEN SHOW UP? I MEAN, IF THEY'VE BEEN TRYING TO WORK THROUGH THAT ISSUE THROUGH, THROUGH ZONING AND YES, YES.

A PR WOULD HAVE SHOWN UP UNDER THAT ADDRESS FOR ANYTHING THAT WAS SUBMITTED FOR THAT PROPERTY.

OKAY.

THANK YOU.

OTHER COMMISSIONERS? ANY OTHER QUESTIONS? OH, THIS IS LIZ MUELLER.

I HAVE A QUESTION.

GO AHEAD, COMMISSIONER MULLIN.

WOULD IT BE POSSIBLE TO SEE IF THE OWNER HAD GONE TO THE BOARD OF ADJUSTMENT TO TRY AND A FEEL OR THE ZONING GET PERMISSION TO USE, TO HAVE A TRIFLEX ON THE PROPERTY? I GUESS IT'S A QUESTION FOR CODE.

I THINK THAT THAT WOULD BE A LITTLE BIT MORE OF AN EXTENSIVE SEARCH, BUT THAT'S SOMETHING THAT WE CAN DEFINITELY LOOK AT.

IT SEEMS LIKE THIS WOULD BE ON THE OWNER TO SHOW US THAT INFORMATION, BUT I'M JUST WONDERING IF THAT'S ALSO SOMETHING THAT WOULD SHOW UP BACK THERE, CLAIM ABOUT THAT.

NO, AS FAR AS MY UNDERSTANDING WITH THE WAY THE BOARD OF ADJUSTMENTS WOULD RUN IS I THINK THAT THEY WOULD HAVE TO SUBMIT SOMETHING INTO THE SYSTEM AND THIS, IT WOULD, IT WOULD CREATE A NOTICE THAT SOMETHING IS TRYING TO HAPPEN AT A PROPERTY THAT IS NOT ZONED FOR THAT.

AND THEY WOULD HAVE TO GO IF THEY WANTED THROUGH, THROUGH THE BOARD OF ADJUSTMENTS TO GET ANY, ANY CHANGE DONE.

BUT AS FAR AS OUR RECORDS SHOWN, NOTHING HAS BEEN TURNED IN EVEN FOR THE BACKHOUSE.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FROM THE COMMISSION? OKAY.

OKAY.

WOULD ANYONE LIKE TO CRAFT A MOTION? I'LL MAKE A MOTION.

GO AHEAD.

I'LL GO AHEAD AND MAKE A MOTION TO ADOPT THE STAFF FINDINGS OF FACT, I CONCLUSIONS A WALL AND PROPOSED ORDER OKAY.

UM, LET'S JUST, LET'S JUST A QUICK NOTE.

UH, BRANDON CARR ASSISTANT CITY ATTORNEY.

I JUST, I DON'T REMEMBER IF I HEARD THAT WE ADMITTED EXHIBITS OR NOT, AND THEY HAD MISSED THAT WHERE YOU, WHERE YOU HAVE NOT NEVER, NO PROBLEM.

UM, I'LL GO AHEAD AND ADMIT EXHIBITS.

OH, LET'S SEE.

EXHIBITS EXHIBIT ONE AND EXHIBITS TWO THROUGH TO F THANK YOU.

THANK YOU FOR THE REMINDER.

OKAY.

THOUGHTS, DISCUSSION ON THE MOTION.

SO THE MOTION IS TO GO AHEAD AND ADOPT THE RECOMMENDED ORDER.

ALL RIGHT.

I WILL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF ADOPTING THESE STAFF'S RECOMMENDED ORDER.

UH, ACTUALLY, MR. CHI, WOULD YOU LIKE ME TO REPEAT THAT OR IS IT OKAY SINCE IT'S, WE'RE JUST PROPOSING TO GO WITH WHAT STAFF HAS RECOMMENDED, IF YOU CAN JUST REPEAT IT JUST SO THE REPRESENTATIVE WOULD UNDERSTAND WHAT THE MOTION IS.

OKAY.

I WILL DO THAT.

OKAY.

SO THE MOTION IS TO GO AHEAD AND ADOPT STAFF'S RECOMMENDED ORDER, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, TO REPAIR ALL CITED VIOLATIONS TO THE REAR PRIMARY STRUCTURE WITHIN 45 DAYS FROM THE DATE THAT THE ORDER IS MAILED AND TO REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSOCIATE CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS ACQUIRED BY THIS ORDER ARE COMPLETE AND INTERNATIONAL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL .

OKAY.

ALL IN

[00:35:01]

FAVOR, RAISE YOUR HAND AND SAY, AYE.

AND THEN I WILL ASK IF AYE.

AYE, AYE.

ANY OPPOSED? OKAY.

HEARING NONE.

IT WAS A UNANIMOUS VOTE FOR ALL COMMISSIONERS PRESENT.

UH, THANK YOU, MR. MARCO.

SO THE ORDER, WHAT WE'VE JUST STATED TONIGHT WILL BE MAILED TO YOU AND THE OWNER.

THANK YOU FOR YOUR TIME.

THANK YOU.

OKAY,

[Item 2]

INVESTIGATOR RIGHT.

WOULD YOU LIKE TO GO AHEAD AND PROCEED WITH CASE NUMBER TWO? YES.

THANK YOU.

CHAIR.

THE NEXT THREE CASES ON THE AGENDA LISTED ITEM LISTED UNDER ITEM.

NUMBER TWO ARE ALL REGARDING THE COMMERCIAL PROPERTY LOCATED AT 1500 ROYAL CREST DRIVE, ALSO KNOWN AS THE ELEMENT AUSTIN APARTMENTS.

AT THIS HEARING, WE ARE ADDRESSING BUILDING SIX, THE LANDING AND RETAINING WALL, AS WELL AS THE RETAINING WALLS FOR BUILDINGS NINE AND 10, THE STAFF EXHIBITS FOR THESE CASES CAN BE FOUND IN THE PURPLE BOOKS IN YOUR GOOGLE DRIVE FOLDER.

THE CASE NUMBERS ARE AS FOLLOWS ZERO FOUR ZERO SIX ZERO THREE IS REGARDING THE LANDINGS AND RETAINING WALL OF BUILDING SIX CL 2020 ZERO ONE EIGHT FIVE FOUR FIVE IS REGARDING THE RETAINING WALL AT BUILDING NINE CL 2020 ZERO ONE SEVEN EIGHT FOUR NINE IS REGARDING THE RETAINING WALL.

A BUILDING 10.

THESE CASES ARE ALL REGARDING SUBSTANDARD, AS WELL AS SOME UNSAFE CONDITIONS THAT REQUIRE REPAIR.

PLEASE KNOW THAT THIS PROPERTY IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM IN YOUR READERS.

YOU'LL FIND THE FOLLOWING EXHIBITS ONE, THREE AND FIVE, WHICH CONTAINED THE COMPLAINTS AND CASE HISTORIES, COPIES OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP STRUCTURAL MAP OF THE PROPERTY IDENTIFYING BUILDING SIX, NINE, AND 10, THE NOTICES OF VIOLATION NOTICES OF HEARING IN THE POSTINGS AND ENGINEER'S REPORT AND EXHIBITS TWO WAY THROUGH TO L FOUR EIGHT THREE FOUR D SIX EIGHT THREE SIX C, WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES REPRESENTED AS WELL AS CODES RECOMMENDED ORDERS.

CODE INVESTIGATOR, JASON ORTIZ IS ASSIGNED TO THIS CASE.

INSPECTOR ORTIZ WILL NOW PRESENT PHOTOGRAPHS MARKED AS TWO WAY THROUGH TO EL RAY THROUGH FOUR D SIX, EIGHT THROUGH SIX C, AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INSPECTOR INVESTIGATOR OR TEASE.

PLEASE BEGIN YOUR TESTIMONY.

QUICK MIC CHECK.

GOOD EVENING COMMISSION AND CHAIRMAN.

MY NAME IS JASON ORTIZ AND I AM THE INSPECTOR ASSIGNED TO THIS CASE.

1500 ROYAL CREST DRIVE IS A MULTIFAMILY COMMERCIAL PROPERTY THAT CONSISTS OF 10 OCCUPIED BUILDINGS AND A LEASING OFFICE PROPERTY WAS BUILT IN 1972.

AND THE CURRENT OWNER IS PHOEBE AUSTIN LP.

THE PROPERTY IS CURRENTLY ON THE REPEAT OFFENDER PROGRAM AND IT HASN'T BEEN SINCE 2014.

THE FOLLOWING THREE CASES ARE IN REFERENCE TO THE RETAINING WALLS AROUND BUILDING SIX, NINE, AND 10.

THE LANDING FOR BUILDING SIX HAS REPAIRED AT THIS TIME.

THESE CASES REMAIN OPEN FROM THE REPEAT OFFENDER PERIODIC INSPECTION THAT WAS PERFORMED IN SEPTEMBER OF 2018 BY INSPECTOR ROBERT ORTIZ AND IRMA YBARRA.

NEXT, I WILL PRESENT THE PHOTOS THAT DEPICT THE CONDITIONS OF THE VIOLATIONS ON EACH BUILDING.

EXHIBIT TWO 88.

IS THIS A CONTEXTUAL VIEW OF THE PROPERTY ITSELF IDENTIFYING THE ELEMENT EXHIBIT TWO E.

THIS IS A CONTEXTUAL VIEW OF BUILDING SIX, UH, ON TOP OF THE RETAINING WALL IN QUESTION EXHIBIT TWO C, THIS IS THE EAST OF THE RETAINING WALL.

IN QUESTION, THIS PARTICULAR RETAINING WALL IS OVER 200 FEET IN LENGTH AND STRETCHES THE ENTIRE LENGTH OF THE BUILDING THREE C OR A TWO D I'M SORRY.

UH, THIS IS AN ADDITIONAL SECTION OF THE RETAINING WALL THAT IS CRACKED, UH, NEXT TO THE STAIRWAY ON THE EAST END OF THE BUILDING TO EAT.

UH, THIS IS FURTHER DOWN ON THE RETAINING WALL, WHICH SHOWS THE COLLAPSING OF THE, UH, THE ROCKS AND THE RAILROAD TIES ON TOP SECTION TO EXHIBIT TWO F THIS IS ANOTHER SECTION OF THE RETAINING WALLS SHOWING THE ROCKS COLLAPSING UNDER THE RAILROAD TIE.

IT SHOWS THE BASE OF THE RETAINING WALL, WHICH SHOWS A LARGE CRACKS AND THE, UH, SEPARATION OF THE ROCKS.

THIS IS AN ADDITIONAL SECTION ON THE RETAINING WALL UNDERNEATH THE TREE

[00:40:02]

THAT, UH, IS ON THE WEST END OF THE BUILDING SHOWING LARGE CRACKS AND SEPARATION.

THIS IS A VIEW OF THE WALL BEHIND THE STAIRWAY ON THE WEST END OF THE BUILDING.

SO ON LARGE CRACKS IS ADDITIONAL SEPARATION TO JAY, TO J K AND L ALSO SHOW THE WEST PENN OF THE RETAINING WALL SHOWING ADDITIONAL, ADDITIONAL COLLAPSING AND SEPARATION.

THAT CONCLUDES THE PHOTOS FOR BUILDING SIX.

I WILL NOW SHOW THE PHOTOS FOR BUILDING NINE .

EXHIBIT FOUR IS JUST A CONTEXTUAL VIEW OF BUILDING NINE, UH, ON TOP OF THE RETAINING WALL, IN QUESTION FOR B, THIS IS A VIEW FROM THE BOTTOM OF THE RETAINING WALL IN FRONT OF THE UNIT, SHOWING THE COLLAPSING, A RETAINING WALL AND ALL THE DEBRIS AND MUD THAT HAS ACCUMULATED FROM IT FOR C.

THIS IS A VIEW FROM THE TOP OF THAT SAME RETAINING WALL.

SO ON THE, UH, THE MUD THAT HAS, UM, COLLECTED IN FRONT OF THE UNIT AND ON THE SIDES OR D THIS IS THE ON THE NORTH END OF THE RETAINING WALL, THE SAME RETAINING WALL ON THE OTHER END OF THE BUILDING SHOWING ADDITIONAL LARGE CRACKS A SEPARATION.

NEXT PHOTOS WILL BE 10 EXHIBIT SIX, EIGHT IS A CONTEXTUAL VIEW OF BUILDING TENT FROM THE TOP OF THE RETAINING WALL SIX FEET.

IT'S ADDITIONAL VIEW FROM THE TOP OF THE RETAINING WALL, LOOKING DOWN, SHOWING THE COLLAPSING RETAINING WALL QUESTION FOUR D THIS IS A VIEW FROM THE BOTTOM OF THE RETAINING WALL IN FRONT OF THE UNITS, WHERE YOU CAN SEE THE BULGING AND COLLAPSING AND SEPARATION OF THE ROCKS.

AND THAT WILL CONCLUDE MY PRESENTATION AND I'M OPEN FOR ANY QUESTIONS.

THANK YOU, JASON, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE, THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WAS SUBSTANDARD AND UNSAFE CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE, THREE AND FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.

AND THE PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO L FOUR 83, FOUR D AND SIX THROUGH SIX C ALSO CHAIR THE LANGUAGE IN THAT RECOMMENDED ORDERS FOR BUILDING SIX, NINE, AND 10 ARE ALL IDENTICAL.

IF IT MEETS WITH YOUR APPROVAL, I WOULD LIKE TO READ ONE REPRESENTATIVE ORDER FOR ALL THREE BUILDINGS.

THIS WOULD BE WITH THE UNDERSTANDING THAT THE RECOMMENDATIONS WOULD APPLY INDIVIDUALLY IN EACH CASE.

YES, PLEASE DO.

THANK YOU.

STAFF REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THESE CASES.

AND IN EACH CASE ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.

AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY, BUT THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINED THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTRA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.

THANK YOU, INSPECTOR.

RIGHT.

UH, DOES DO ANY COMMISSIONERS HAVE QUESTIONS FOR CITY STAFF AT THIS MOMENT, JOHN GREEN, AGAIN, GO AHEAD.

COMMISSIONER GREEN, A STAFF UNDERSTAND THAT THIS FIRST NOTICE OF VIOLATION SEPTEMBER OF 2018, THAT IS CORRECT.

IT WAS FROM THE PERIODIC INSPECTION TO REPEAT A FENDER PERIODIC INSPECTION AT THAT TIME, AS FAR AS YOU'RE AWARE, THIS GROUP OF OWNERS UNDERSTOOD THAT THIS WAS IN THE REPEAT OFFENDER PROGRAM.

YES, SIR.

I'M JUST, POVERTY HAS BEEN IN THE PROGRAM SINCE 2014.

I THANK YOU VERY MUCH.

YES, SIR.

UM, THIS IS LIZ MUELLER.

I HAVE A QUESTION.

GO AHEAD, COMMISSIONER MILLER.

SO THIS PROPERTY HAS BEEN IN THE REPEAT OFFENDER PROGRAMS SINCE

[00:45:01]

2014 AND HAVE FINES BEEN ASSESSED ON IT PREVIOUSLY FOR THESE PARTICULAR CASES OR JUST IN GENERAL IN GENERAL? UM, I WOULD HAVE TO GO BACK AND DO A COMPLETE RESEARCH OF THE ENTIRE HISTORY.

UM, I DON'T HAVE THAT INFORMATION READILY AVAILABLE AT THIS TIME.

UM, FOR THE, HAVE THERE BEEN FINES ASSESSED FOR THESE PARTICULAR ITEMS? NO, MA'AM NOT THAT I'M AWARE OF.

NO, NOT PREVIOUSLY.

OKAY.

THANKS.

OTHER COMMISSIONERS.

YES.

WHERE DO YOU, I HAVE A QUESTION.

YES.

DO WE KNOW WHO THE OWNERS ARE OF THIS? ARE, IS IT THE ONE THAT IS KIND OF, THEY KIND OF HIDE BEHIND SHELL NAMES AND SO ON.

I WOULD LIKE TO KNOW IF WE KNOW WHO THE OWNERS ARE AND IF WE COULD DEAL DIRECTLY WITH THE OWNERS, RATHER THAN THROUGH LAYERS OF NAMES, PERHAPS WE COULD GET SOMETHING DONE BETTER.

WE'VE OBVIOUSLY NOTICED, UH, NOTIFIED THE OWNER T CAD RECORD, UH, WHICH IS OFTEN PHOEBE L E.

SO THERE IS A LIMITED PARTNERSHIP THAT IS, UH, IN CHARGE OF THIS PROPERTY.

I DO NOT KNOW ANY PARTICULAR NAMES OF THE OWNERS OF THE TIME.

SO WE DON'T KNOW WHO OWNS CV LP AND THE ONE ABOVE THAT, THE ONE ABOVE THAT AND THE ONE ABOVE THAT.

AND I KNOW THAT'S NOT YOUR RESPONSIBILITY, BUT WOULDN'T IT BE NICE IF WE REALLY KNEW WHO OWNED IT? YES, SIR.

OKAY.

WELL THAT WAS ALL I HAVE TO THANK YOU VERY MUCH, SIR.

OTHER COMMISSIONERS OKAY.

YOU RING NO ONE ELSE.

UM, WE DO HAVE A COUPLE OF PEOPLE ON THE LINE TO REPRESENT THE PROPERTY.

I'M NOT SURE WHICH ORDER YOU WOULD LIKE TO GO IN, BUT I HAVE A CASSANDRA SHAN BOMB AND I HAVE A JJ BAILEY .

HELLO? CAN YOU HEAR ME? YES, I CAN.

IS THIS MS. ? OKAY.

COULD YOU ACTUALLY GET, I SHOULD ASK THIS, THIS WITH EVERYONE, YOU STATE YOUR FULL NAME FOR THE RECORD AND YOUR RELATION TO THE PROPERTY.

YES.

UM, MY NAME IS CASSANDRA SHANGAAN AND I'M AN ATTORNEY FOR THE ELEMENT APARTMENTS ALSO ON THE LINE IS JJ BAILEY.

WHO'S THE REGIONAL DIRECTOR OF ELEMENTS MANAGEMENT COMPANY.

OKAY, THANK YOU.

IF YOU WOULD LIKE TO PROCEED.

YEAH.

SO THE MATERIALS WE'VE PROVIDED FOR YOU TODAY ARE AN EIGHT PAGE HANDOUT DISCUSSING THE PROPERTY, THE VIOLATIONS AND THE REMEDIATION EFFORTS.

UM, WE ALSO PROVIDED YOU WITH THE REMEDIATION CONSTRUCTION CONTRACT AND THE ENGINEERING REPORT, WHICH WERE OBTAINED IN 2019, UM, IN THE INTEREST OF THE THREE MINUTE TIME LIMIT, I'M GOING TO SKIP TO PAGE FIVE OF THE EIGHT PAGE HANDOUT, WHICH DISCUSSES THE REMEDIATION EFFORTS.

I'M SURE THAT THAT'S THE MOST IMPORTANT TO YOU.

UM, SO IF YOU HAVE THAT HANDOUT PAGE FIVE, UM, IT HAS THE HEADER REMEDIATION PART ONE.

AND SO THERE'S THREE PAGES HERE DISCUSSING MONTH BY MONTH, WHAT THE REMEDIATION EFFORTS WERE, UM, ELEMENT AND HAS BEEN DILIGENTLY WORKING TO REMEDIATE THESE VIOLATIONS, BUT IT HAS BEEN A LENGTHY PROCESS, UM, AT FIRST TO GO AND IT'S SEVERAL MONTHS TO FIND AN ADEQUATE AND RESPONSE AND ENGINEER THAT WAS FOLLOWED BY A FULL YEAR OF OBTAINING PERMITS AND MEETING OTHER CITY REQUIREMENTS.

THOSE ARE MOSTLY RELATED TO LANDSCAPING AND TREE ORDINANCES THAT WERE AFFECTED BY THE CONSTRUCTION.

UM, AS THEY MENTIONED BEFORE, PAGES FIVE THROUGH SEVEN, EXPLAINING THE STEP BY STEP PROCESS BY MONTH, THAT ELEMENT WENT THROUGH SINCE THAT RECEIVED THE VIOLATION, WHICH I BELIEVE WAS ACTUALLY AN OCTOBER OF 2018.

UM, AT THIS TIME ELEMENT HAS RECEIVED ALL NECESSARY PREMISES, CITY REQUIREMENTS.

UM, IT OBTAINED THE LAST PERMIT FOR TREE REMOVAL AND JUNE EARLIER IN JUNE.

UM, THE TREE STUMPS THAT ARE AN ISSUE ARE GOING TO BE REMOVED AND CONSTRUCTION IS SET TO BEGIN IN EARLY JULY.

THE CONTRACTOR ANTICIPATES IT'S GOING TO TAKE ABOUT THREE MONTHS TO COMPLETE THE CONSTRUCTION, UM, AND BECAUSE OF THE COVID SITUATION AMONG OTHER UNCERTAINTIES ELEMENT IS ASKING TO HAVE UNTIL THE END OF OCTOBER TO RECONSTRUCT THE RETAINING WALLS, AS OPPOSED TO THE 45 DAY, UM, TIME.

SO THAT'S UNTIL OCTOBER 31ST.

UM, IF YOU CAN SEE, UM, THOSE PAGES FIVE THROUGH SEVEN, THEY HAD TO SUBMIT MULTIPLE SITE PLANS, WHICH THEY WENT BACK AND FORTH WITH THE CITY ON.

UM, THEY HAD TO SUBMIT MULTIPLE

[00:50:01]

APPLICATIONS RELATED TO THE TREES AND THE LANDSCAPING.

THEY HAD TO MEET WITH AUSTIN ENERGY.

THEY HAD TO MEET WITH THE CITY ARBORIST.

UM, THEY HAD TO GET ALL SORTS OF PERMITS RELATED TO THOSE.

THEY HAD TO GET, LIKE I SAID BEFORE, DIFFERENT SIZED PLANS AND EXEMPTIONS ON A COUPLE DIFFERENT OCCASIONS.

UM, AND THEY ALSO HAD TO DEAL WITH A COUPLE OF DIFFERENT ENGINEERS.

UM, ELEMENT REALLY DOES WANT TO GET THIS DONE AND BEHIND THEM, THEY'RE COMMITTED TO BEGINNING TO WORK WITH THEIR CONTRACTORS AND GETTING EVERYTHING DONE.

UM, I LIMIT HAS REMEDIATED OVER 20 CODE VIOLATIONS IN THE PAST AT, YOU KNOW, OVER 120 K, BUT INTO THOSE, THEY, THEY, I, TO MY KNOWLEDGE HAVE NOT BEEN FINED, UM, EVER FOR THEIR CODE VIOLATIONS OR ANYTHING LIKE THAT.

UM, THEY REALLY DO WANT TO MAKE A SAFE ENVIRONMENT AND KEEP THINGS SAFE OVER THERE.

JJ, IS THERE ANYTHING YOU WANT TO ADD? J J BAILEY WELL, GIVE HIM A MINUTE TO RESPOND.

UM, ACTUALLY, WHILE WE'RE WAITING, I'LL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBITS ONE, TWO EIGHT THROUGH TWO L THREE, FOUR EIGHT THROUGH 45, SIX, EIGHT THROUGH SIX C.

AND THEN I'LL GO AHEAD AND ADMIT THE OWNER'S EXHIBIT.

UM, I GUESS WE'LL CALL IT OWNERS EXHIBIT NUMBER ONE.

AND THANK YOU FOR PROVIDING THIS BY THE WAY.

YEAH, I'M SORRY.

I HAVE THE SAME QUESTION.

I DON'T THINK I HAVE THE HONOR IN MY READER.

YES.

UM, IT SHOULD BE ON YOUR READER.

IT'S ALSO PURPLE.

IT'S NOTED AS 1500 ROYAL CREST DRIVE DOCUMENTS SUBMITTED BY PROPERTY OWNER.

OKAY.

IT SHOULD BE.

THAT'S FINE.

THANK YOU FOR BRINGING THAT TO OUR ATTENTION.

LET ME KNOW IF YOU ARE UNABLE TO FIND IT.

AND IT SOUNDS LIKE WE NEED TO GIVE EVERYONE A COUPLE OF MINUTES TO READ THROUGH IT.

YES.

I WAS REFERRING TO HER PAGES FIVE THROUGH SEVEN THAT'S THE BEST THE MONTH BY MONTH REMEDIATION EFFORTS.

THANK YOU, MS. SHAMBA, HAVE YOU HEARD ANYTHING FROM JJ BAILEY? UM, I HAVEN'T.

I WAS TALKING TO HER RIGHT UP UNTIL SEVEN 15.

SO EMAIL, LET ME CHECK .

THIS IS JAMES CONDOLENCE WITH AUSTRIAN CODE MUST BE ON THE LINE KINDLY.

SO JUST, UM, I'M GOING TO REMIND HER TO, IS IT STAR SIX, I BELIEVE TO UNMUTE YOURSELF? YES.

THANK YOU.

AND ALSO EXHIBITS, I BELIEVE YOUR HONOR SUBMITTED TWO DOCUMENTS, EXHIBIT ONE, EXHIBIT TWO.

AH, OKAY.

THE CHAIR WILL ADMIT OWNERS EXHIBITS ONE.

AND NUMBER TWO.

THANK YOU, MR. KEN DALLAS.

THANK YOU.

YEAH, YES, WE CAN.

THANK YOU.

THIS IS THE CHAIR, ANDREA FRYBERGER.

IF YOU HAVE ANYTHING TO ADD, PLEASE GO AHEAD.

I DIDN'T HAVE ANYTHING TO ADD.

UM, DO YOU HAVE ANY ADDITIONAL QUESTIONS FROM THE TIMELINE WE, WE MIGHT.

UM, THANK YOU, UH, COMMISSIONERS, NOW THAT YOU'VE HAD A MINUTE TO LOOK THROUGH THIS, ARE THERE ANY QUESTIONS FOR THE, FOR THE PROPERTY REPRESENTATIVES YEAH, I NOTICED ON THE EXHIBIT, UH, SUBMITTED BY, UH, THE PROPERTY OWNERS THAT THEY HAVE A CONTRACT.

UM, SO REAL QUICK, UM, THAT, UH, TO FIX THIS AND IT'S DATED 26, AUGUST, 2019.

AND I'M TRYING TO UNDERSTAND WHY WE'RE NOW BEING ASKED TO, UH, EXTEND THIS OUT TO OCTOBER 31ST, 2020

[00:55:02]

UH, YES.

IF YOU LOOK AT THE TIMELINE, UM, THAT WE HAVE, WHERE THEY OBTAIN THE BIDS AND THE CONTRACT IN AUGUST, 2019 ON PAGE FIVE, AFTER THAT, THEY HAD TO SUBMIT A CONTRACTOR SITE PLAN IN SEPTEMBER THAT WAS DENIED BY THE CITY BECAUSE OF LANDSCAPING AND TREES ISSUES.

IN OCTOBER, 2019, THEY SUBMITTED A TREE ORDINANCE APPLICATION, WHICH WAS DENIED LATER IN OCTOBER, THEY HAD TO GET A LANDSCAPE ENGINEER AND SO ON AND SO FORTH.

YOU'LL SEE ON PAGES FIVE, SIX, AND SEVEN, LEADING UP TO THE PRESENT DAY ON EVERYTHING THAT THEY'VE BEEN DOING TO GET TO WHERE WE'RE AT NOW, WHICH IS ALL OF THE PERMITS AND ALL OF THE CITY REQUIREMENTS MET.

AS I MENTIONED BEFORE, IT HAD A LOT TO DO WITH THE FACT THAT THE RETAINING WALLS ARE UP AGAINST SOME TREES AND LANDSCAPING.

AND SO THERE'S A LOT OF, LIKE I SAID BEFORE, THE PERMITS REQUIREMENTS THAT HAVE TO BE OBTAINED IN CERTAIN SITE DRAWINGS AND PHOTOS AND ALL SORTS OF STUFF THAT NEEDED TO BE SUBMITTED IN A CERTAIN WAY AND GET RECEIVED AND GET A CREW BEFORE THEY COULD GET ALL THE PERMITS THEY NEEDED.

THOSE ARE QUESTIONS FROM THE COMMISSION.

THE COMMISSIONER, UH, OF REPEAT MODERN PROGRAM.

UH, I'M SORRY, CAN YOU REPEAT THE QUESTION DOUBLE? UH UH, I THINK NATION AND ONE OF THEM IS FIRE VIOLATIONS.

YOU ARE REALLY IMPORTANT.

I THINK I UNDERSTOOD IT ALL OTHER VIOLATIONS HAVE THEM CLOSED UNDER ANY OTHER VIOLATIONS PERSON.

ONE DAY.

MY UNDERSTANDING IS THAT THERE ARE NO OTHER VIOLATIONS OUTSTANDING FOR ELEMENT.

UM, THE ONE THAT WAS ASSOCIATED WITH THE LANDING, UM, THAT WAS PART OF, YOU KNOW, THE ORIGINAL VIOLATION WAS, HAS BEEN CLEARED PRIOR TO THIS HEARING AS THEY COULDN'T FORCE.

IT MENTIONED AT THE BEGINNING.

YEAH.

AT THIS TIME, THIS IS THE ONLY CASES ON THE PROPERTY.

ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? YES, I DO HAVE A QUESTION.

OKAY, GO AHEAD, COMMISSIONER.

THANK YOU.

SO MY QUESTION IS RELATED TO THE PREVIOUS QUESTION A LITTLE BIT.

I'M LOOKING AT THE DOCUMENTS THAT WERE SUBMITTED BY THE OWNER, AND WE DO HAVE A TIMELINE THAT'S ESSENTIALLY, UM, THE STATEMENT OF THE OWNERS, RIGHT? THE REPRESENTATIVES OF THE OWNERS.

SO WHO EXACTLY IS THE ENGINEERING COMPANY THAT YOU'RE WORKING WITH RIGHT NOW? BECAUSE IT LOOKS LIKE THERE WERE SEVERAL ENGINEERS BACK IN 2019.

AND ALSO, CAN YOU TELL US IF YOU'RE REALLY WORKING WITH THAT CONSTRUCT THE CENTEX CONSTRUCTION AT THIS POINT, BECAUSE THAT CONTRACT IS ALSO OLDER.

SO I'M WONDERING WHY THERE AREN'T, UM, MORE RECENT DOCUMENTS TO SHOW US THE PROGRESS.

UM, YEAH, SO THEY ARE WORKING WITH FINTECH.

THIS IS THE LIVE CONTRACT THAT WE'VE PROVIDED YOU.

UM, THE ENGINEERING REPORT THAT IS BEING USED IS ON PAGE 20 OF THE CONTRACT PAGE 20 TO 24 WITH KCB ENGINEERING.

THAT'S THE ENGINEER AND, UM, NO CONTRACTOR THAT WERE SIGNED UP IN JUNE, JULY, AUGUST OF 2019.

UM, AND I DID NOT SUBMIT FOR, YOU KNOW, THE TREE ARTISTS APPLICATION THAT GOT DENIED EACH OF THE SITE PLANS, EACH OF THE, GET TO THE PERMIT.

UM, I, I DON'T HAVE THAT, THAT I SUBMITTED TO YOU AT THIS TIME.

I COULD PROBABLY GO AND GET THOSE.

I JUST, I DON'T HAVE THEM FOR YOU AT THIS EXACT MOMENT, UM, ON YOUR SCREEN.

OKAY.

SO NOW YOU DO HAVE SOME DOCUMENTATION THAT CERTAINLY SHOWS THAT THE WORK ON THE RETAINING WALLS COULD BE COMPLETED BY OCTOBER 31ST.

[01:00:01]

WELL, THERE'S OBVIOUSLY FACTORS THAT MAY PLAY INTO THAT.

I CAN'T TELL YOU EXACTLY.

I WOULD HOPE THAT THEY COULD GET IT DONE.

AND THAT'S THE TIME THAT'S BEEN ESTIMATED BY THE CONTRACTOR.

I CAN'T TELL YOU EXACTLY, BUT YEAH, THEY'RE SUPPOSED TO BEGIN THEIR WORK NEXT WEEK.

IT'S SUPPOSED TO GET STARTED.

THEY GOT ALL THE PERMITS, THEY GOT ALL THE REQUIREMENTS.

OKAY.

IT'S NOW ON THEM.

THEY'VE GOT NO EXCUSE TO GO AND GET THIS DONE NOW.

ALRIGHT, THANK YOU.

ANY OTHER QUESTIONS FROM THE COMMISSION? YES.

I THINK THIS IS WORDY.

OKAY.

COMMISSIONER THOMPSON.

UM, THE, UM, BUT IT'S THE NAME? I MISSED IT, UH, OF THE CURRENT, UM, UH, CONTRACTOR YOU'RE WORKING WITH.

OKAY.

IT'S ON THE CONSTRUCTION CONTRACT THAT WAS PROVIDED.

I BELIEVE IT'S CENTEX THE N T E S.

OKAY.

AND THAT ONE'S BEEN GOING ON FOR A YEAR OR AM I WRONG? YEAH, IT'S THE SAME CONSTRUCTION COMPANY THAT THEY SIGNED UP IN AUGUST THAT THEY'VE BEEN WORKING WITH.

THEY HAD TO PAIR WITH A COUPLE OF OTHER PEOPLE, THE LANDSCAPE PEOPLE AND EVERYTHING ELSE, BUT YES, IT'S BEEN TOUGH NOW.

AND YOU DO NOT FEEL LIKE YOU CAN MEET THE, UM, MEET THE STANDARDS OF, UM, THE CITY AS FAR AS, UH, GETTING IT DONE IN A QUICKER PERIOD OF TIME.

IS THAT CORRECT? I'M NOT CONFIDENT THAT THAT CAN BE DONE CONSIDERING, FIRST OF ALL, OBVIOUSLY THE COVID SITUATION.

OKAY.

WHEN THEY TELL ME THREE MONTHS, I GOT TO, YOU KNOW, I CAN'T TRY AND SAY THAT.

I THINK IT'LL GET DONE INTO WHEN THEY SEE THREE, I WOULD LOVE TO SEE DONE IT TOO.

AND SEE, AND I UNDERSTAND YOUR SITUATION BECAUSE YOU ARE PASSING ON WHAT YOU ARE TOLD AND A BELIEF.

IT SEEMS TO ME LIKE THERE HAS BEEN A LOT OF, UH, DILATORY CONDUCT, UH, IN THE PAST WITH YOUR COMPANY.

AND I'M THINKING THAT PERHAPS IT WOULD BE BETTER IF WE KEPT Y'ALL UNDER THE GUN AND JUST DID, UH, TRIED THEM TO MAKE IT WORK FOR 'EM WHAT, UH, CODE ENFORCEMENT HAS SUGGESTED.

AND LIKE I SAY, WE DON'T EVEN KNOW WHO OWNS THE PROPERTY.

IT'S A SECRET, I UNDERSTAND WHERE YOU'RE COMING FROM.

UM, CAUSE THE DATE, YOU KNOW, THE FACT THAT THIS STARTED IN OCTOBER, 2018 DOES NOT LOOK GREAT, BUT I TRY TO SHOW YOU THAT THEY REALLY HAVE BEEN WORKING ON THIS.

AS FAR AS I KNOW, THEY'VE BEEN IN CONTACT WITH CO THEY'VE, BEEN IN CONTACT WITH PLENTY OF THE CITY OFFICES, YOU KNOW, GOING BACK AND REALLY TRYING TO DO THEIR DILIGENCE HERE, TO GET EVERYTHING TOGETHER AND GET EVERYTHING DONE.

OKAY.

I KNOW.

AND YOU, YOU HAVE TO UNDERSTAND OUR POSITION.

WE HEAR THESE STORIES, UH, AND I DON'T MEAN THEIR STORIES, UH, THAT YOU HAVE FROM PEOPLE SITTING IN YOUR SEAT WHO ALWAYS COME UP WITH GOOD REASONS WHY IT TAKES ONE OR TWO OR GO HOLLY, SOMETIMES A LOT MORE YEARS THAN THAT.

AND THAT'S WHAT WE'RE TRYING TO AVOID IT, YOU KNOW, IT SHOULD BE DONE IN A, UH, SHORTER PERIOD OF TIME.

AND THAT'S WHY Y'ALL GOT ON THE REPEAT OFFENDERS LIST.

SO, UM, I THINK IS, UM, IF I WERE, MY VOTE WERE BEING COUNTED NOW I WOULD GO ALONG WITH WHAT THE CITY RECOMMENDED.

AMEN.

THAT'S ALL I HAVE TO SAY.

OKAY.

THE PROPERTY WOULD REALLY LIKE TO GET THIS PERIOD UNTIL THE END OF OCTOBER SO THAT THEY CAN GUARANTEE THAT THIS WILL BE DONE AT WHAT WE'VE DONE PROPERLY.

THEY CAN WORK WITH CODE, THEY CAN WORK WITH COACH KEVIN COME OUT.

AND IF THERE'S ANY LITTLE THINGS THAT NEED TO BE DONE, COACH AND LET THEM KNOW, AND THEY'LL HAVE THE TIME TO DO THOSE LITTLE THINGS AND GET IT FULLY APPROVED.

I DON'T WANT TO HAVE TO COME BACK HERE AND SAY, WE NEED ONE MORE WEEK.

WE NEED TWO MORE WEEKS.

WE'RE WAITING ON THIS WELL THING TO GET DONE.

AND YOU HAVE TO GO THROUGH THIS WHOLE PROCESS AGAIN, ESPECIALLY DURING THE TIME WITH THE WHOLE PROBATE SITUATION.

YES.

IS THAT COMMISSIONER STILL SAID, YES.

THIS IS A QUESTION THAT'S DIRECTED TO MR. CARPET.

CAN YOU REFRESH MY RECOLLECTION AS TO THE AMOUNT OF TIME BY WHICH WE CAN ENLARGE THE PERIOD OR IT STRIKES ME THERE'S SOME UPPER BOUND ON HOW MANY DAYS WE CAN AMEND THE ORDER TO PROVIDE IT? I THINK I KNOW, BUT I WOULD GO AHEAD AND LET MR. CARTER

[01:05:01]

ANGELES.

SURE.

UM, MY ANTICIPATED, THAT WOULD BE A QUESTION.

SO I PULLED UP TEXAS LOCAL GOVERNMENT CODE TWO 14, UM, CHAPTER TWO 14.

IT SAYS THAT YOU MAY NOT ALLOW MORE THAN 90 DAYS UNLESS THE OWNER LIEN HOLDER AND G SUBMITTED DETAILED PLAN AND TIME SCHEDULE FOR THE WORK, THE HEARING AND ESTABLISHES AT THE HEARING THAT THE WORD CANNOT REASONABLY BE COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPE AND COMPLEXITY OF THE WORK.

IF YOU DO GET MORE THAN 90 DAYS, YOU ARE UNDER THE STATUTE SUPPOSED TO HAVE A REGULAR, UM, PROGRESS REPORT.

THAT'S SUBMITTED BACK TO THE CITY.

AND AGAIN, THIS IS BRANDON CARR ASSISTANT CITY ATTORNEY.

OKAY.

THANKS, MR. CARR.

NO FURTHER QUESTIONS.

THANKS.

TRUE.

THANK YOU.

UM, CHAIR, I HAVE A QUESTION.

YES.

GO AHEAD.

FOLLOWING UP ON THAT.

WOULD IT BE POSSIBLE IF WE, UM, IF WE PASS THE STAFF'S ORDER, WHICH SAYS 45 DAYS THAT THEY COULD COME BACK AT THE NEXT MEETING AND SAY WE ARE IN PROCESS AND DEMONSTRATE THEIR PROGRESS.

UM, SO THE RULES DON'T REALLY ALLOW FOR THAT OR THE, UH, THE RULES THAT YOU'VE ADOPTED.

DON'T REALLY HAVE A POSITION FOR RECONSIDERATIONS.

THAT'S SOMETHING WE'VE