[CALL TO ORDER]
[00:00:06]
THE HEARING TO ORDER FOR JULY 22ND, 2020.
LET THE RECORD REFLECT THAT THE TIME IS 6:33 PM.
I AM THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AND I'M GOING TO GO AHEAD AND CALL ROLL CALL FOR MY FELLOW COMMISSIONERS.
UH, PABLO ABILA PABLO ABILA, UH, PABLO, WE CAN'T HEAR YOU.
YOU MIGHT NEED TO UNMUTE, BUT I IMPRESSED WHERE YOU GOT TO NOW.
SO PERHAPS HE WILL JOIN US LATER.
TIMOTHY'S STILL STEAD I'M HERE.
I DON'T SEE ELIZABETH PRESENT.
SO PERHAPS SHE WILL JOIN US LATER IS FREIBURG WORDY THOMPSON.
I ALSO DO NOT SEE THOMAS FOLK ON OUR LIST OF PARTICIPANTS, SO HOPEFULLY HE WILL JOIN US LATER AND OTHERS WILL LIKE TO GO AHEAD AND INTRODUCE MARLENA, RIGHT? WHO WILL BE INTRODUCING THE CASES? YES.
AND DO WE HAVE BRANDON CARR? OUR ASSISTANT CITY ATTORNEY? YES, I'M HERE.
SO, UM, FOR EVERYONE ELSE, CODE OFFICERS AND PROPERTY OWNERS, JUST PLEASE REMEMBER TO INTRODUCE YOURSELVES WHEN YOU ARE CALLED TO SPEAK LATER ON IN THE MEETING.
SO TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER EIGHT CASES FROM FOUR PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA ACTUALLY.
IS THAT CORRECT? THAT WE'D ACTUALLY HAVE EIGHT CASES FOR PIECES FROM FOUR PROPERTIES, FOUR CASES.
SO 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 AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS, AND I WILL ADD THAT FOR TONIGHT.
OF COURSE, SINCE WE ARE VIRTUAL, UM, JUST PLEASE STAY MUTED UNLESS YOU ARE ABOUT TO SPEAK, OR IF YOU'VE BEEN CALLED UPON TO SPEAK.
THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLIE, AUSTIN CODE INVESTIGATOR MARLENA MARLENA, RIGHT? WE'LL CALL EACH CASE ON THE AGENDA.
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.
UM, DID WE ACTUALLY HAVE ANY WAY TO SHARE THIS IS MELANIE ALLIE.
WE DO NOT HAVE ANYONE SIGNED UP FOR PUBLIC COMMENT.
SO WHEN EACH CASE IS CALLED, THE CHAIR WILL ASK IF THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY ARE PRESENT, MEANING ARE THEY ON THE PHONE LINE AND THEN INVESTIGATOR RIGHT WILL PRESENT THE CITY'S EVIDENCE AND WITNESSES.
AND 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 IN WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE, AND 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 OR DESIGNATE OR TIMEKEEPER.
THIS EVENING WILL BE OUR CTM REPRESENTATIVE.
AND AFTER YOU HAVE PRESENTED YOUR WITNESSES INVESTIGATOR, RIGHT, MAY ASK YOUR WITNESSES QUESTION 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 OF ANY ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION THAT THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT.
AND COPY OF THE DECISION WILL BE MAILED TO YOU.
DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
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 TONIGHT WE'RE ACTUALLY GOING TO DO THIS A LITTLE BIT BACKWARDS.
AND THEN, UM, AFTERWARDS, UH, I'LL JUST ASK YOU TO, LET ME KNOW IF YOU DO NOT AGREE WITH IT.
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.
AND IF YOU DISAGREE WITH THIS, PLEASE UNMUTE YOURSELF AND SPEAK UP, HEARING NONE.
I'M GOING TO ASSUME THAT EVERYONE IS NOW UNDER OATH, WHO WAS PLANNING TO PRESENT TESTIMONY.
AND IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING, RIGHT? YEAH.
WOULD YOU LIKE TO GO AHEAD AND PROCEED? ABSOLUTELY.
UH, TARA, JUST WANT TO REMIND EVERYONE THAT THERE IS NO CITIZENS COMMUNICATION ALLOWED THE VIRTUAL MEETINGS, THE SUPPLIES TO ALL OF THE CITIES, BOARDS, AND COMMISSIONS.
[APPROVAL OF MINUTES]
TO THE CASES I'D LIKE TO, UH, GO AHEAD AND APPROVE THE LAST MONTH'S MINUTES.UM, WHEN DO YOU DO EMOTION? SO AT THIS TIME I'D LIKE TO MOVE ON TO APPROVE THE MINUTES OF JUNE 24, 2020 MEETING.
A COPY OF THE MINUTES IS IN THE GOOGLE DOCS FOLDER.
SHOULD YOU NEED TO REVIEW THEM? AND AGAIN, IF YOU WERE ABSENT AT LAST MONTH'S MEETING, AS LONG AS YOU REVIEW THEM, YOU CAN STILL VOTE ON THEM.
I LET HIM MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED.
SO WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES AS THERE ANY DISCUSSION, HEARING, HEARING NOTHING.
I'M ALL IN FAVOR OF APPROVING THE MINUTES FROM THE JUNE 24TH MEETING, REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION.
SAY I HAD MAYBE WAYS YOU'RE MAYBE, MAYBE WAVE YOUR HAND TO AYE.
ANY OPPOSED? I'M GOING TO ABSTAIN SINCE I WASN'T THERE.
WHO IS THAT? THAT'S ABSTAINING AND TALIA.
SHEDDEN ALRIGHT, THANK YOU, COMMISSIONER.
UM, AND IT'S OUR APPROVED GREAT, JARED, AS I MENTIONED BEFORE, WE DO NOT ALLOW FOR ANY CITY CITIZENS COMMUNICATION AT THE VIRTUAL.
HOWEVER, FOR THE VIRTUAL HEARINGS MEETINGS ONLY 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 OWNER'S REPRESENTATIVE TONIGHT.
WE DO NOT HAVE ANYBODY SIGNED UP FOR PUBLIC COMMENT.
SO WE'LL MOVE ON TO THE CASES, RIGHT? THANK YOU.
[1. Case Number: 2020-018491 Property address: 11311 Walnut Ridge Drive / Owner: Richard Cogbill Staff presenter: Rich Lamancusa, Austin Code Department Staff recommendation: Repair residential duplex structure Previous Commission Action: Continued from February 26, 2020]
ALL RIGHT.THE FIRST CASE ON THE AGENDA IS CASE NUMBER
AND IS REGARDING THE, THE PROPERTY LOCATED AT ONE, ONE, THREE, ONE, ONE WALNUT RIDGE DRIVE.
THE CASE WAS ON THE FEBRUARY AGENDA.
HOWEVER, DUE TO TIME CONSTRAINTS, THE CASE WAS NOT HEARD AND CONTINUED UNTIL TONIGHT'S MEETING STAFF.
EXHIBITS CAN BE FOUND IN THE BROWN BOOK IN YOUR GOOGLE DOCS FOLDER.
THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL DUPLEX THAT IS NOT HOMESTEADED.
THE CASE IS ABOUT SUBSTANDARD AND HAZARDOUS CONDITIONS THAT REQUIRE REPAIR.
PLEASE KNOW THAT TONIGHT WE WILL ONLY BE ADDRESSING, UH, THE EXTERNAL VIOLATIONS AT THE PROPERTY AND YOUR GOOGLE DOC
[00:10:01]
AND YOUR GOOGLE DRIVE FOLDER.YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICE VIOLATION NOTICES OF HEARING REQUIRED POSTINGS AND A POLICE LOG EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS TWO WAY THROUGH TO I.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR.
RICHARD LYNN MACUSA IS HERE TONIGHT IS CURRENTLY ASSIGNED TO THE CASE AND WE'LL BE PRESENTING THE CASE AND PHOTOGRAPHS MARKED AS TWO WAY THROUGH TO I AND DUST AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INVESTIGATOR LAM MACUSA PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS RICHARD LAWMAN, QSA INVESTIGATOR FOR AUSTIN CODE DEPARTMENT SIDE TO THE NORTH TEAM PROPERTY I BRING FORTH TONIGHT IS ONE, ONE, THREE, ONE, ONE WALNUT RIDGE DRIVE OR RESIDENTIALLY ZONED DUPLEX.
I FIRST CAME INTO CONTACT WITH THIS CASE VIA TRANSFER IN AUGUST, 2018 AND THE PROPERTY STILL AT THAT TIME.
AND TODAY HAS HAD MORE THAN SEVERAL STROKES STRUCTURE MAINTENANCE VIOLATIONS.
THIS CASE HAS BEEN OPEN AND UNRESOLVED OWNER HAS BEEN IDENTIFIED AS RICHARD TODDVILLE OF BOSTON, TEXAS ON JULY EIGHT, 2020.
I POSTED THE NOV TO THE OWNER OF RECORD MR.
I'VE NOT BEEN ABLE TO SUCCESSFULLY CONTACT THE OWNER AS THE DWELLING HAS BEEN VACANT SINCE THE CASE WAS INITIATED IN 2000 ON THE LEFT, THE DWELLING ONE, ONE, THREE, ONE, ONE WALNUT RIDGE HAS THAT HAS HAD TO BEEN BORED AND SECURED SEVERAL TIMES OVER THE YEARS AND HAS ACCRUED FEES AND FINES FOR THOSE SAFETY MEASURES AND HAS ALSO BECOME AN EASY TARGET FOR ILLEGAL DUMPING.
APD, R S WHO HAVE WORKED IN THIS GEOGRAPHIC AREA HAS ALSO RECEIVED AND INCREASE ON THIS PROPERTY AND IS ALSO IN VERY CLOSE PROXIMITY TO CRAM ELEMENTARY, BEING LESS THAN 500 FEET AWAY.
AND MANY YOUNG CHILDREN WHO ATTEND THIS SCHOOL HAVE TO PASS THE PROPERTY EVERY DAY ON THE WAY TO AND FROM SCHOOL, THIS STRUCTURE AND EXTERIOR PROPERTY CONTINUE TO BE A BLIGHT IN THE COMMUNITY AND NEIGHBORHOOD.
WE HAVE A SCHEDULED PRIVATE PROPERTY ABATEMENT'S SCHEDULED FOR MONDAY, JULY 27TH.
ONCE AGAIN, LIKE THE BOARD AND SECURES, WE'VE HAD TO DO THIS SEVERAL TIMES OVER THE YEARS, UH, TO KEEP THE PROPERTY, UH, SANITARY, THAT WILL CONCLUDE MY INTRODUCTION.
I WILL NOT GO THROUGH MY PHOTOS AND SHOW THE IDENTIFIED VIOLATIONS AS WELL AS THE CONDITIONS AT THE PROPERTY.
EXHIBIT TWO, A, THIS IS A CONTEXTUAL SHOT FROM THE STREET SHOWING THE FRONT OF THE DUPLEX.
UM, MOSTLY THE GARAGE AREA AS IT PROTRUDES OUT FROM EITHER SIDE OF THE AMB EXHIBIT TWO B.
UM, THIS IS ALSO A LITTLE BIT OF CLOSER TO THE SIDEWALK, UM, SHOWING THE FRONT PART OF THE GARAGE.
UH, YOU COULD SEE DAMAGE TO THE GARAGE DOOR, WHICH HAS BEEN BOARDED UP, UM, FOR THOSE NINE YEARS, JUST ABOUT, UH, NEXT PHOTO EXHIBIT TWO, SEES THE CLOSEST ROCK, UH, PHOTO WHERE YOU COULD SEE THE DAMAGE TO THE GARAGE, THE DOOR AND SEE THE, UM, COLUMNS THERE TO THE, TO THE BRICK, UH, SEVERELY DETERIORATED AND CRACKING, UH, ALL THE WAY STRAIGHT UP FROM GRADE ALMOST TO THE TOP EXHIBIT TWO D THIS SHOWS THE UNIT, A SIDE OF THE PROPERTY.
UM, ONCE AGAIN, A SUBSTANDARD EFFICIENCY REGARDING WINDOWS SKYLIGHT DOOR FRAME, UH, BOARDED UP DOOR, EXHIBIT TWO SHOWS THE UNIT, A SIDE, UH, THE FRONT FACING WINDOW IN THE LIVING ROOM AREA.
ONCE AGAIN, A SUBSTANDARD, THE WINDOWS HAD ALL BEEN BROKEN OUT AND, UH, HAVING TO KEEP AN BOARD AND SECURE IT OVER THE YEARS TO PREVENT UNAUTHORIZED ENTRY.
IT WAS JUST A SIDE SIDE SHOT FROM THAT SHOWING THE, UH, THE GUTTER HANGING DOWN.
AND ONCE AGAIN, SHOWING JUST THE RUBBISH AND DEBRIS THAT HAVE PILED UP ON THE, AS WELL AS THE, UH, THE, UH, SUBSTANDARD, UH, WINDOWS AND DOORS THROUGHOUT BOTH SIDES OF THE PROPERTY
[00:15:04]
TO G THIS SHOWS THE UNIT B SIDE OF THE PROPERTY, UM, GOING JUST BEYOND THE FRONT DOOR ENTRANCE AND VEGETATION HAS GROWN SO HEAVY OVER HERE.UM, AND IT WAS REALLY HARD FOR ME TO GET IN AND TO GET MORE PICTURES.
UM, BUT THE, UH, THE PROPERTY DOES REMAIN SECURED, BUT, UH, THE FACT THAT THERE'S THIS MUCH VEGETATION AND, AND GROWTH IS JUST, UH, HARBORS PEOPLE THAT ARE TRYING TO BREAK IN TO MAKE IT A LITTLE EASIER FOR THEM.
AND ONCE AGAIN, WE NEED TO BRING THIS PROPERTY UP TO MINIMUM STANDARDS, EXHIBIT TWO H THIS IS ANOTHER SHOT, UM, TO THE LEFT SIDE OF THE SIDEWALK FROM THE FRONT OF THE DWELLING IS SHOWING THE, OUR ROLL SIDE OF THE PROPERTY THERE AND JUST HOW IT'S BECOME A LITTLE, UH, DUMPING GROUND, UM, FOR PEOPLE THAT HAVE, UH, DECIDED NOT TO, UH, USE THEIR TYPICAL TRASH RECYCLING OR FULL PICKUP SERVICE AND, UH, APD AS WELL AS AUSTIN CODE, UH, CONTINUED TO GET A LOT OF COMPLAINTS FROM THE NEIGHBORHOOD REGARDING THE SUBSTANDARD STRUCTURE AND THE OVERALL LACK OF PROPERTY MAINTENANCE.
THIS IS A SHOT, UM, JUST TO THE RIGHT OF THE PROPERTY, SHOWING HOW, UM, THE CONDITIONS ON THIS, UM, I'VE MANAGED AND UNCARED FOR PROPERTY IS STARTING TO SPILL OVER TO THE RIGHT OF WAY, AS WELL AS THE NEIGHBOR AND PROPERTY.
AND, UM, YOU COULD SEE THE OTHER PROPERTY, UH, IS WELL MAINTAINED.
THERE'S NO TRASH, BUT, UH, AS IT BECOMES MORE AND MORE OF AN ISSUE, UH, IT SEEMS TO SPREAD OUT A LITTLE BIT TOO BECAUSE OF THE ELEMENTS AND WHATNOT.
THAT'S A GANDER LAND MACUSA 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 WAS SUBSTANDARD CONDITIONS.
STAFF ASKS THEM COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I STEPH 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 EXTERIOR OF THE RESIDENTIAL DUPLEX WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN COUNTY TO VERIFY COMPLIANCE.
AND ON THE 46 DAYS OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY, BUT THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL FOUND, DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
SO IS IT CORRECT THAT WE DO NOT HAVE ANY REPRESENTATIVES FROM THE PROPERTY WITH US TONIGHT? THAT IS CORRECT.
UM, I'LL UH, WELL ACTUALLY, LET ME GO AHEAD AND ADMIT EXHIBIT STAFF'S EXHIBIT NUMBER ONE AND STAFF'S EXHIBITS TWO A THROUGH TWO, AND I WILL OPEN IT UP TO MY FELLOW COMMISSIONERS FOR QUESTIONS, COMMISSIONER GRANT, CAN YOU HEAR ME? YES, PLEASE.
I JUST WANT TO CHECK WITH, UH, OUR GOOD FOLKS WHO CODE ENFORCEMENT.
UM, THE, UH, INITIAL COMPLAINT THAT WAS 2012, THE INITIAL COMPLAINT, UM, CAME IN 2011 AND, UH, THE VIOLATION, I BELIEVE ALL THE VIOLATIONS, THE FIRST ROUND OF VIOLATIONS WE HAD CONFIRMED THE CV TURNED IN 2012, AND IT'S BEEN OPEN AND UNRESOLVED SINCE WITH ABSOLUTELY NO CONTACT FROM THE OWNER OR ANY REPRESENTATIVES.
I'D LIKE TO GO AHEAD AND MAKE A MOTION UNLESS THERE'S FURTHER DISCUSSION.
UM, I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT WE ADOPT THE PROPOSED ORDER, UH, THE RECOMMENDED ORDER, UH, FROM CODE AND I DON'T HAVE ANY CHANGES TO IT.
SO AS IT I'LL SECOND THAT GREAT.
ANY DISCUSSION OF THE EMOTION THAT IS BEFORE US.
I WILL GO AHEAD AND CALL THE QUESTION.
[00:20:01]
OF ADOPTING STAFF'S RECOMMENDED ORDER, WHICH IS TO BASICALLY, AS IT IS, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY TO PERMITS, REPAIR ALL VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, ALL IN FAVOR, SAY AYE, ANY OPPOSED? OKAY.
THE MOTION MOTION PASSES IT'S UNANIMOUS.
[2. Case Number: CL 2020-040297 Property address: 7216 Meador Avenue / Owner: John Henry Fletcher, et al. Staff presenter: Eliza Torrez, Austin Code Department Staff recommendation: Demolish residential structure]
ALL RIGHT.ITEM NUMBER TWO ON THE AGENDA.
LET'S MOVE ON IS CASE NUMBER
AND IS REGARDING THE PROPERTY LOCATED AT 72 16 VIDOR AVENUE STOP EXHIBIT THAT'S RIGHT? YES.
DO WE HAVE ANY PROPERTY REPRESENTATIVES FOR THIS CASE? I BELIEVE WE DO.
CAN WE CHECK AND MAKE SURE THAT THEY ARE ACTUALLY ON THE LINE? OKAY.
UH, MELANIE, DO WE HAVE, UM, UH, THE PROPERTY REPRESENTATIVE, JAY JAMES IS JAMES IN ANOTHER ROOM WITH THE, UH, HE'LL HAVE TO TELL YOU IF THERE'S ANYONE PRESENT ON THE CALL.
I ADMITTED ALBERT AND JULIE COPELAND TO SPEAK ON THIS MATTER.
SO PLEASE GO AHEAD AND MUTE YOUR PHONES AT THIS TIME.
WELL, WE HAVEN'T READ, UH, OH, WE HAVE NOT HEARD OF THE CITIES, UM, THE CITY'S CASE YET.
I JUST WANTED TO MAKE SURE THAT THEY WERE PRESENT AND LISTENING BEFORE WE GET INTO IT.
WHEN, WHEN WE WERE DONE READING THE EVERYTHING INTO THE RECORD.
UM, STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN YOUR GOOGLE DRIVE FOLDER.
THIS CASE THERE'S REGARDING A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT HAS BEEN CITED FOR BOTH UNSAFE AND DANGEROUS CONDITIONS THAT REQUIRED DEMOLITION.
THE PROPERTY HAS BEEN SECURED IS CURRENTLY VACANT AND IS NOT HOMESTEADED IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVEL CENTRAL APPRAISER DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICE OF VIOLATION, NOTICE OF A HEARING AND REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS CONSISTS OF COATS.
PHOTOGRAPHS MARKED AS TWO EIGHT, THREE, TWO J.
AND LASTLY CODES RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR ALISA TORRES IS CURRENTLY ASSIGNED TO THE CASE.
INSPECTOR TORRES IS HERE TONIGHT AND WILL PRESENT THE PHOTOGRAPHS MARKED AS TWO EIGHT, THREE, TWO J, AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPH INSPECTOR TORRES.
I'M A REGISTERED CODE ENFORCEMENT OFFICER WITH THE CITY OF AUSTIN.
AND I'M ASSIGNED TO THIS CASE.
THIS CASE WAS BROUGHT BEFORE THE BFC PANEL DUE TO NONCOMPLIANCE.
THE INITIAL COMPLAINT CAME IN AS ILLEGALLY DUMPED CARPET, ETC.
AS THE AFOREMENTIONED PROPERTY ON APRIL 4TH, 2019.
THIS IS A
PROPERTY OWNER PASSED AWAY AND DID NOT WILL THE PROPERTY TO ANYONE.
THIS CASE WAS LOOKED INTO, LOOKED INTO TO FIND ANY LEGALLY INTERESTED PARTIES.
SINCE THE PROPERTY OWNER HAS PASSED AWAY.
THERE ARE 17 HEIRS TO THE PROPERTY.
JOHN HENRY FLETCHER IS PRO FLETCHER SON AND HAS PAID THE TAXES AND TO MAINTAIN THE YARD.
SINCE HER PASSING, MR. FLETCHER CONTINUES, PAY THE TAXES AND MAINTAIN THE PROPERTY.
THE STRUCTURE HAS BEEN IN DISREPAIR FOR SO LONG.
THE FAMILY WISHES TO DEMOLISH THE PROPERTY WAS BUILT IN 1940 AND PRO FLETCHER WAS THE ONLY OWNER OF THE HOME FOR AN EMAIL FROM STEVE SEDOWSKY.
THIS IS A NON HISTORIC STRUCTURE.
MR. FLETCHER HAS HIRED ATTORNEY JULIE COLEMAN.
SHE HAS ASSISTED HIM WITH GETTING IN CONTACT WITH MANY OF THE HEIRS TO GAIN APPROXIMATELY 80% OWNERSHIP OF THE PROPERTY WHILE THIS PROCESS IS GOING ON, THE PROPERTY IS STILL NOT BEING REPAIRED.
THERE ARE ISSUES WITH HOLES ON THE ROOF, FAILING FROM PORCH AND EXTERIOR WALLS, AS WELL AS BROKEN WINDOWS, ALONG WITH DAMAGED FACIA AND SOFFITS, WHICH PROVIDE ACCESS POINTS TO THE RODENTS.
MR. FLETCHER, TO THIS POINT IS CURRENTLY LOOKING FOR A DEMOLITION COMPANY AND HAS HOPPED OFF UTILITY LINES TO THE PROPERTY.
SO AS SOON AS HE OBTAINS PROPER PERMITS, THE STRUCTURE WILL BE READY FOR DEMOLITION.
THE PHOTOS TO VIOLATIONS FOUND AT THE 72 16 MATTER AVENUE.
[00:25:02]
THANK YOU.PHOTO TWO EIGHT SHOWS A CONTEXTUAL VIEW OF THE STRUCTURE THERE.
WHEN YOU CAN SEE ALL THE TALL WEEDS AND GRASS ALONG WITH SOME TRASH AND DEBRIS, ALONG WITH STRUCTURAL DAMAGE TO THE EXTERIOR WALLS IN PORCH TO BE SHOWS THE LEFT SIDE OF THIS STRUCTURE AND THE PROPERTY WHERE THE TALL GRASS AND WEEDS HAD BEEN MOWED AND MAINTAINED.
THE PORCH AND WINDOWS HAVE BEEN SECURED TO THE BEST OF MR. FLETCHER'S ABILITY.
DO YOU SEE SHOWS THE COLLAPSED FAILING PORCH AND IT HAS BEEN SECURED AND TAPPED UP, TAPED OFF, EXCUSE ME, JUDY SHOWS THE FRONT OF THE PROPERTY AND THE RIGHT OF WAY AREA THAT HAS BEEN MOWN AND MAINTAINED.
THE REAR EXTERIOR WALLS PROPERTY OWNER COVERED ALL THE HOLES WITH PLYWOOD TO HELP SECURE WALL UNTIL DEMOLITION TWO G SHOWS MORE EXTERIOR WALL DAMAGE DETERIORATION ALONG WITH BROKEN WINDOWS.
AGAIN ON THE RIGHT SIDE OF THE STRUCTURE, I WOULD WAS ADDED TO THE BOTTOM OF THE STRUCTURE TO COVER UP FAILING FOUNDATION TO EIGHT SHOWS HOLES ON EXTERIOR WALLS, ALONG WITH FAILING WINDOWS ON THE LEFT SIDE OF THE STRUCTURE, YOU ARE, IT SHOWS A CLOSER LOOK AT THE FAREWELL AND THE WINDOWS OF THE FOOT OF THE STRUCTURE.
DJ SHOWS A BLACKER THAT WAS POSTED FAILED PORCH AND EXTENSIVE DETERIORATION ON THE EXTERIOR WALLS.
I WOULD LIKE TO MENTION THAT THIS CASE WAS BROUGHT TO THE COMMISSION IN MARCH, BUT DUE TO THERE BEING APPROXIMATELY 17 ERRORS, WE'RE MAKING SURE THAT ALL WERE NOTIFIED.
THEN WE CAME ACROSS THE COVID-19 PANDEMIC AND HEARINGS WEREN'T BEING CONDUCTED FOR A LITTLE WHILE.
JOHN, MR. JOHN HENRY FLETCHER HAS KEPT IN CONTACT WITH ME SINCE I ADOPTED THE CASE.
LAST YEAR, HE HAS MOWED AND CLEARED THE PROPERTY OF TRASH AND DEBRIS DUE TO AN EXTENSIVE REPAIRS OWNERS IN AGREEMENT TO HAVE STRUCTURED DEMOLISHED.
HE WAS PREVIOUSLY NOT ABLE TO GAIN DEMOLITION PERMITS BECAUSE HIS MOTHER PRO FLETCHER WAS LISTED AS THE, AS THE OWNER IN THE TRAVIS COUNTY APPRAISAL DISTRICT.
BUT MR. FLETCHER HAS NOW BEEN ABLE TO OBTAIN THE PROPERTY IN HIS NAME AND HAS A PENDING PLAN REVIEW WITH DEVELOPMENT SERVICES DEPARTMENT.
THAT CONCLUDES MY, UH, PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
THANK YOU, INSPECTOR TORRES BECAUSE OF THE IGNEOUS 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 AS TWO EIGHT, THREE, TWO J STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS.
THE IS OLD PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE HIS DEBRIS, LEAVING THE LOT CLEAN AND RATE AND REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH PROPERTY OWNERS SHALL BE ON NOTICE THAT THE CODE OFFICIALS AUTHORIZED TO ASSESS ALL EXPENSES OCCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION, A LIEN FOR THOSE EXPENSES MAY BE FILED WITH THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS.
AND MICHELLE ACCRUED A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
UM, ACTUALLY, I'M GOING TO GO AHEAD AND ADMIT EXHIBITS EXHIBITS ONE AND TWO A THROUGH TWO J AND M COMMISSIONERS WOULD LIKE TO ASK ANY QUESTIONS OF STAFF AT THIS TIME I'M OR SHALL WE WAIT UNTIL AFTER WE HEAR FROM THE PROPERTY REPRESENTATIVE? I'M GOOD ON WAITING.
OKAY, THEN WE'LL GO AHEAD AND HEAR FROM THE PROPERTY REPRESENTATIVES.
DO WE HAVE JULIA JULIA KUGLEN ON THE LINE? YES.
I'M AN ATTORNEY REPRESENTING JOHN HENRY FLETCHER, WHO IS THE MAJORITY OWNER OF THE PROPERTY AT 72 16 METTA.
[00:30:01]
HAS, UH, MORE THAN 80% INTEREST IN THE PROPERTIES, UM, AT, AT THIS TIME, UH, SINCE HE HAS ACQUIRED INTEREST AT ONE TIME, THERE WERE 40 PEOPLE WHO HAD AN INTEREST IN THIS PROPERTY.HE HAS ACQUIRED INTEREST FROM ALL BUT 10 OTHERS.
SO THERE ARE CURRENTLY 11 PEOPLE WITH AN INTEREST IN THIS PROPERTY.
UM, MR. FLETCHER HAS SUBMITTED, UH, THE APPLICATION, UM, FOR, FOR A DEMOLITION PERMIT, UM, HAS PAID THE FEE.
AND, UM, SO THAT, THAT PROCESS HAS BEEN STARTED.
IT'S JUST BEEN HIS DESIRE, HIS STATED, UM, IT HAS BEEN HIS DESIRE TO DEMOLISH THIS PROPERTY, UH, AND, UH, THE R WOULD LIKE TO DO THAT ON BEHALF OF, OF THE OTHER PROPERTY OWNERS AS WELL.
UM, WE BELIEVE THAT THIS IS IN THE INTEREST OF THE OWNERS OF THIS PROPERTY TO COMPLETE THE DEMOLITION.
UM, AS I SAID, HE HAS SUBMITTED A PERMIT, UM, THAT PERMIT INCLUDES, UH, AN ESTIMATE FOR US FOR $6,000 AS A PRICE TO COMPLETE THE DEMOLITION.
UM, SO HE'S ASKING FOR, FOR, UH, AN OPPORTUNITY TO, UM, TO, TO, YOU KNOW, GET THAT PERMIT ACCEPTED BY THE CITY AND THEN COMPLETE THE DEMOLITION.
HE HAS THE MEANS TO PAY FOR IT.
AND, AND AS I, AS I'VE SAID, HE'S ALREADY GOT, UH, GOT AN ESTIMATE FROM A DEMOLITION COMPANY TO DO THAT.
UM, YOU KNOW, AGAIN, UH, HIS, THE DELAY PRIMARILY WAS BECAUSE, YOU KNOW, THIS PROPERTY WAS SHOWN IN, IN, UH, IT'S OWNED BY HIS MOTHER WHO DIED MORE THAN 20 YEARS AGO, BUT WE NOW HAVE, UM, HAVE, UH, ACQUIRED SOME RECORDED PROPER DOCUMENTS.
HE'S HAD AN AFFIDAVIT OF HEIRSHIP THAT'S BEEN RECORDED FOR FIVE YEARS, UPDATED AFFIDAVIT OF HEIRSHIP RECORDED THIS YEAR.
AND THEN SEVERAL DEEDS RECORDED SHOWING THE, UH, THE TRANSFER OF INTEREST IN THE PROPERTY TO HIM FROM, FROM THOSE OTHER HEIRS.
AND YOU CAN SEE A COPY OF THE PERMIT AND A RECEIPT FOR THE, THE FEE AND, UH, AND COMMUNICATION FROM THE CITY ABOUT HAVING RECEIVED THAT PERMIT APPLICATION.
UH, AND YOU KNOW, I'M, I'M AVAILABLE TO ANSWER ANY OTHER QUESTIONS THAT YOU MIGHT HAVE ABOUT THIS.
SO THE, UM, MR. FLETCHER HAS THE PERMIT IN HAND AS AN ESTIMATE, DO YOU, UH, ACTUALLY HAVE AN ESTIMATED TIMEFRAME FOR WHEN THE DEMOLITION COULD BE COMPLETED? WELL, HE DOES NOT YET HAVE THE PERMIT.
HE HAS FILED THE APPLICATION FOR THE PERMIT AND IT IS UNDER REVIEW.
IN OTHER WORDS, HE'S FILED THE PERMIT APPLICATION, THE, THE C UH, AND RECEIVED A CONFIRMATION FROM THE CITY THAT THEY PERCEIVED THAT THE PERMIT APPLICATION IS READY IMMEDIATELY AFTER THAT, OF COURSE, TO TAKE CARE OF THIS.
OTHER COMMISSIONERS, ANY QUESTIONS FOR JULIE KUGLEN? OKAY.
UH, WE WILL GO AHEAD AND PROCEED TO THE NEXT PROPERTY REPRESENTATIVE.
IS THERE AN ALBERT LOUIS CLEMENS HILL OR CYNTHIA JOHNSON ON THE LINE? YES.
WOULD YOU LIKE TO GO AHEAD, PLEASE STATE YOUR NAME FOR THE RECORD AS WELL.
MY NAME IS CYNTHIA JOHNSON AND MY MOTHER ALBERT LOUISIANA WAS HERE.
UM, MOST OF THE DAMAGE THAT HAS BEEN DONE TO THE HOUSE, I'M GOING TO SAY THAT MR. FLETCHER DID IT HIMSELF.
HE'S THE ONE THAT DROPPED THE TORCH COVER.
HE'S THE PERSON THAT TOOK THE BURGLAR BARS OFF THE HOUSE, HIM AND HIS SON DID THAT DAMAGE TO MY GRANDMOTHER'S HOUSE TO GET US TO SELL IT TO HIM.
AND HE PROMISED US, HE PROMISED ONE THING AND HE DID SOMETHING ELSE TOTALLY DIFFERENT.
NOW, MY THING IS, I WAS ABOUT TO, FOR THE CITY TO GO HEAD ON AND TAKE THE HOUSE DOWN.
[00:35:03]
IT'S BASICALLY AS THE CITY BETTER DAMAGE THAT MR. FLETCHER HAS DONE TO THE HOUSE, LET THE CITY OF AUSTIN GO HEAD ON AND TAKE THE HOUSE TO MAKE SURE THAT IT HAS BEEN DONE RIGHT, AND PROPER, BECAUSE THERE ARE OTHER HOUSES ON EACH SIDE OF THAT HOUSE AND IN FRONT OF THAT HOUSE.SO WE NEED TO BE SURE THAT IT CAN CROP UP TO THE CITY OF AUSTIN.
IS THERE ANY PROBLEM WITH THE CITY OF AUSTIN DOING IT? WELL, I THINK I'M SORRY.
I THINK THAT WE CANNOT ANSWER THAT JUST YET, BUT TO BE CLEAR, YOU DO NOT HAVE YOU DO NOT HAVE ANY OBJECTION TO THE CITY GOING AHEAD WITH A DEMOLITION ORDER, IS THAT CORRECT? NO, I DID NOT HAVE ANY PROBLEMS WITH THE CITY GOING HEAD ON WITH A DEMOLITION ORDER.
WHAT I SAID IF I HAD IT PROBABLY WITH IT.
DO YOU HAVE ANYTHING ELSE TO ADD? NO.
FELLOW COMMISSIONERS, ANY QUESTIONS FOR, AND THIS WAS MS. HILL THAT WAS SPEAKING, IS THAT CORRECT? SO FELLOW COMMISSIONERS, ANY QUESTIONS FOR THE PROPERTY OWNER? A LITTLE CLARIFICATION.
ONE OF THEM THAT OWNS 80% AND IS FILED FOR A OKAY.
DESTRUCTION OF THE PROPERTY OR THE STRUCTURE WOULD HAVE ANOTHER, UM, OWNER, UH, LAUNCHED THE CITY TO GO AHEAD AND ISSUE THIS DESTRUCTION.
MY UNDERSTANDING IS THERE ARE MULTIPLE OWNERS, RIGHT? 11 RYAN.
I'M NOT ENTIRELY CLEAR ON THAT.
YES, WE ARE DOWN THROUGH 11 OWNERS.
CAN WE GET THE NAME OF THE LEMON OWNERS, PLEASE? I DO NOT HAVE THAT LIST WITH ME.
HOW CAN WE GET THAT? I BELIEVE MS. COUGHLIN MIGHT BE ABLE TO PROVIDE THAT INFORMATION.
SO HOW MUCH TIME WILL WE BE GIVING TO CLEAR THE HOUSE YOU SEE HAS NOT REALLY A THING.
THE PERMIT, IF, IF THE COMMISSION ADOPTS THE ORDER TO DEMOLISH THE STAFF'S RECOMMENDED ORDER IS TO ALLOW 45 DAYS FOR THE PROPERTY OWNERS TO DEMOLISH THE HOUSE.
SO SOME OF THE AREAS THAT EITHER LAID OFF OR SICK WITH COVID-19 AND CAN AN EXTENSION BE ALLOWED UNDER UNEMPLOYED TO GET ASSISTANCE WITH SOME OF THE BLADDERS, YOU CAN, YOU CAN CERTAINLY REQUEST AN EXTENSION.
UM, YOU KNOW, WE HAVE NOT, WE HAVE NOT CONSIDERED OUR ORDER YET AS A COMMISSION, SO WE'LL CERTAINLY CONSIDER EVERYTHING WE HEAR TONIGHT.
ANY OTHER QUESTIONS FOR THE PROPERTY OWNERS MS. HILL AND MS. JOHNSON, OR SHALL WE MOVE ON TO, I BELIEVE THERE MIGHT BE A THIRD PERSON ON THE LINE.
THIS IS ALL THE QUESTIONS WE HAD TO ASK.
AND I'M, AND I'M VERY CONFUSED RIGHT NOW.
WAS DONALD POWELL WITH YOU ON THIS CALL OR IS THAT A SEPARATE CALL THAT WE'RE GOING TO BE HEARING WE'RE HERE IN THE SAME AREA.
HELLO, MR. POWELL, DO YOU HAVE ANYTHING ELSE TO ADD TO THIS? YES, MA'AM UH, EVERYTHING.
I WOULD LIKE TO KNOW HOW, UH, MR. JOHN WAS ABLE TO OBTAIN OWNERSHIP IN THE HOUSE, UH, OWNERSHIP OF THE HOUSE IN WHICH MY GRANDMOTHER DIDN'T HAVE A WHEEL.
[00:40:01]
THIS IS BEYOND THE SCOPE OF OUR COMMISSION, WHERE YOU REALLY CAN ONLY ADDRESS THE PHYSICAL CONDITION OF THE PROPERTY AS IT STANDS RIGHT NOW.I'M NOT SURE IF STAFF, I BELIEVE I HAVE SOME RECOMMENDATIONS FOR YOU ON, ON HOW, ON THE WHOLE PROCESS THAT HAPPENS WITH THE EHRS.
AND, UM, UH, I THINK HIS LAWYER, MY LAWYER YET MS. CINDY, UM, I WAS IN BORDERLINE CONTACTED HIS LAWYER AND WE REQUESTED A LIST OF, UM, UH, PEOPLE THAT, UH, ARE CEO OF THE PROPERTY AND WE HAVEN'T RECEIVED ANY.
SO, UM, YOU KNOW, LIKE YOU SAID, LIKE I SAID, THE QUESTIONS I HAVE IS HOW WAS HE ABLE TO OBTAIN OWNERSHIP OF THE PROPERTY FOR ONE, WITHOUT A LEO AND A DATE, YOU KNOW? AND I AM ALSO AGREEING TO LET THE CITY GO AHEAD AND DO THE DEMOLITION SO WE CAN MAKE SURE THIS IS DONE RIGHT.
AND DONE ACCORDING TO YOUR RULES.
SO AGAIN, NO OBJECTION TO THE CITIES, IF WE CHOOSE TO, IN ORDER TO DEMOLISH THE STRUCTURE, NO OBJECTION TO THAT.
I'VE BEEN ABLE TO HELP YOU WITH THE PROCESS FOR HOW MR. FLETCHER WAS ABLE TO GAIN 80% OWNERSHIP.
IF I COULD GET WITH DISMISS COOPER AND, UM, GET THE NAMES OF, UH, THOSE HEIRS THAT LEFT A SIGN THAT HE SAID THAT IF LEFT TO SIGN, IS THAT POSSIBLE LYNN STILL ON THE LINE? I HAVEN'T YET.
UH, SO, SO THIS SEEMS TO BE SOMETHING THAT'S OUTSIDE THE SCOPE OF THIS.
BUT AS I MENTIONED, WHEN I WAS SPEAKING EARLIER, UH, THERE IS AN AFFIDAVIT OF HEIRSHIP THAT HAS BEEN RECORDED IN THE RECORD.
UM, SOME AS EARLY AS FIVE YEARS AGO, THEY HAVE BEEN UPDATED RECENTLY BECAUSE PEOPLE HAVE DIED SINCE THAT TIME WERE ALSO IN THE RECORD TO SHOW WHO HAS TRANSFERRED THEIR INTEREST TO MR. JOHN HENRY FLETCHER.
SO THIS IS ALL A MATTER OF PUBLIC RECORD, AND IT'S SOMETHING YOUR ATTORNEY CAN EXPLAIN TO YOU.
SO IT'S NO, NO, IT'S NO WAY WE CAN GET A LIST OF THOSE AIRS THAT HAVE NOT SIGNED.
WELL, THOSE THINGS, LIKE I SAID ARE IN THE RECORD.
SO THOSE ARE AVAILABLE TO YOU THERE.
THEY HAVE BEEN RECORDED IN THE TRAVIS COUNTY CLERK'S RECORDS.
ANYWAY, I THINK THAT THAT IS SOMEHOW SEPARATE FROM THIS, UM, ARKANSAS.
I BELIEVE WE'RE ALL IN AGREEMENT ABOUT DEMOLISHING THE PROPERTY.
IT IS THAT IT CAN BE, IT CAN BE DONE QUICKLY AND AT LESS EXPENSE FOR ALL OF THE OWNERS, FOR MR. FLETCHER TO BE, HE IS, THERE'S A COMPANY THAT WOULD DO IT.
HE'S NOT GOING TO DO IT HIMSELF.
AND THE CITY WOULD BE, WOULD BE LOOKING AT HOW IT'S DONE.
I MEAN, THIS IS JUST A MATTER OF TAKING THAT PROPERTY DOWN AND CLEARING OFF THE LOT.
AND SO WE BELIEVE THAT WE CAN DO IT AT A LOWER EXPENSE FOR ALL OF THE OWNERS AND THE CITY CAN CERTAINLY CORRECT ME IF I'M WRONG, BUT I BELIEVE IT'S MORE EXPENSIVE AND WILL TAKE A LONGER PERIOD OF TIME FOR THE CITY TO DO IT.
WE HAVE AN ESTIMATE ABOUT HOW MUCH THE CITY WOULD CHARGE TO DO IT.
WELL, THAT, THAT, I DON'T KNOW.
I CAN'T TELL YOU THAT THE CITY WILL CHARGE.
I CAN TELL YOU WHAT, WHAT THE ESTIMATE, I MEAN, I CAN TELL YOU THE ESTIMATE THAT WE GOT FROM, FROM A COMPANY TO DO IT FOR US AND THAT'S $6,000.
WELL, I HAVE SOME PROPERTY THEN LIKE THAT MAYBE ABOUT THREE YEARS AGO AND CITY DID IT FOR LIKE RIGHT AT A THOUSAND DOLLARS UNDER WHAT I COULD FIND ANYBODY TO DO IT.
AND THAT'S WHY I WAS INQUIRING ABOUT THAT.
THAT'S SOMETHING, I DON'T KNOW.
I DON'T KNOW WHAT THE CITY CHARGES.
SO PERHAPS, UM, SOMEONE CAN ADDRESS THAT.
YOU SAID THAT YOU SAID THAT MR. JOHN WAS 80% OWNER OF THE PROPERTY, IS THAT
[00:45:01]
CORRECT? HE HAS ACQUIRED MORE THAN 80%.AND THAT IS SHOWN IN THE DEED RECORDS.
IS THAT, UM, UH, WHAT PRICE ARE YOU FIGURING THAT OUT? WELL, I DON'T THINK THAT THAT'S PART OF WHAT, I MEAN, I DON'T THINK WE SHOULD TIE UP THIS
I THINK WE'RE, WE'RE GETTING A LITTLE OFF FOCUS HERE, PERHAPS WHERE WE ARE.
CAN I SAY SOMETHING REAL QUICK? I KNOW THE OWNERS ARE CONCERNED ABOUT THE DEMOLITION BEING DONE PROPERLY OR CORRECTLY, WHETHER THE OWNERS DO IT AND THE CITY DOES IT.
IF THE OWNER'S DOING, THEY PULL A DEMOLITION PERMIT AND IT GETS DEMOED, UH, THE CITY IS GOING TO HAVE TO DO A FINAL, A FINAL INSPECTION.
SO IF I'M NOT MISTAKEN, I DON'T WANT TO SPEAK ON BEHALF OF DSD OR DEVELOPMENT SERVICES DEPARTMENT, BUT PLEASE CORRECT ME IF I'M WRONG MARLENA, BUT I BELIEVE THEY WOULD, UH, MAKE SURE THAT IT WAS DONE PROPERLY.
THEY WOULD MAKE SURE THAT THE PLUMBING PERMIT WAS OBTAINED AND ALL THE LINES.
BOTH THOSE PERMITS WERE, WERE CLOSED.
AND I HAVE A FOLLOW UP QUESTION FOR OFFICER TORRES OR PERHAPS HER INVESTIGATOR, RIGHT.
IS IT POSSIBLE FOR THE SITE TO ACTUALLY PROVIDE AN ESTIMATE OF WHAT IT WOULD TAKE IS THAT WE'RE TO DO THE DEMOLITION? UM, I'M GONNA, I'M GOING TO TAKE THAT QUESTION.
I RUN THE DEMOLITION PROGRAM FOR THE BSC PROGRAM, AND NOW WE WOULDN'T BE ABLE TO GIVE THEM.
AND AHEAD OF TIME RIGHT NOW, ESTIMATES, I WILL TELL YOU THAT WE HAVE TO FOLLOW ALL STATE LAW WITH RESIDENTIAL PROPERTY.
SO RIGHT NOW, IN THE CITY OF AUSTIN TO DEMOLISH A RESIDENTIAL PROPERTY, YOU DO NOT NEED TO CONDUCT ANY LEAD AND ASBESTOS TESTING.
UM, HOWEVER, HAVE TO, WE HAVE TO FOLLOW OVERSTATE LAW, WHICH TENDS TO DOUBLE THE BILL.
SO I CAN, I, I DON'T WANT TO SPEAK ON BEHALF OF THE OTHER, UM, DEMOLITION COMPANY, BUT OUR PRICE WOULD BE HIGHER.
SO DO COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR THE PROPERTY REPRESENTATIVES THAT WE HAVE ON THE LINE? NO.
AND, UM, MY ONLY CONCERN IS NOW IS IF POSSIBLE, A WAY TO GET THE ERRORS THAT HAVE NOT SIGNED OFF ON IT, UNFORTUNATELY THAT IS, THAT IS BEYOND OUR PURVIEW TONIGHT.
WE WILL NOT BE ABLE TO HELP YOU WITH THAT, BUT PERHAPS OTHERS CAN, SO WE ARE GOING TO CARE.
I HAVE A MOTION TO CLOSE THE PUBLIC HEARING.
SO WE ARE TRYING TO ADOPT STAFF'S PROPOSED ORDER FINDING SOME FACT AND PROPOSED ORDER TO DEMOLISH THE PROPERTY WITHIN 45 DAYS.
ANY DISCUSSION AMONG THE COMMISSIONERS? OKAY.
ALL IN FAVOR OF ADOPTING STAFF'S PROPOSED ORDER.
OH, I'M SORRY, MR. ABILA YES, PLEASE.
ALL IN FAVOR OF ADOPTING STYLES, PROPOSED ORDERS SAY AYE, OR RAISE YOUR HAND ANY OPPOSED.
SO TO BE CLEAR, UM, SO WE HAVE ADOPTED THE ORDER TO HAVE THE, UH, STRUCTURE DEMOLISHED WITHIN 45 DAYS.
AND IF IT IS, IF IT IS NOT DEMOLISHED WITHIN 45 DAYS, THEN THE CITY WILL BEGIN THEIR PROCESS FOR HIS CITY DEMOLITION.
AND THIS ORDER WILL BE MAILED TO ALL PROPERTY OWNERS.
AND, UM, AND WE THANK YOU VERY MUCH FOR COMING FOR BEING ON THE LINE SO THAT WE COULD ASK QUESTIONS AND HEAR YOUR SIDE OF THE STORY.
THE NEXT ITEM WE DO HAVE SOMEBODY
[3. Case Number: CL 2019-036878 Property address: 7010 Carwill Drive / Owner: Evelyn McKinley Life Estate Staff presenter: Joe Lucas, Austin Code Department Staff recommendation: Repair residential structure]
SIGNED UP TO SPEAK AS WELL.WOULD YOU LIKE ME TO CHECK IF THEY WOULD BE READY TO GO? YES, I THINK THAT WOULD BE GREAT.
AND JAMES, DO WE HAVE A, IT LOOKS LIKE PERRY CLARK.
AFTER I READ EVERYTHING IN THE RECORD, UH, ADMITTED TO THE CALL.
I'M GOING TO READ EVERYTHING IN THE RECORD AND THEN WE CAN MOVE FORWARD WITH THE PHONE CALL.
ITEM NUMBER THREE ON THE AGENDA IS CASE NUMBER
[00:50:01]
SEAL 2019 DASH ZERO THREE SIX EIGHT SEVEN EIGHT.AND IS REGARDING THE PROPERTY LOCATED AT 70 10 CAR WHEEL DRIVE STAFF EXHIBITS CAN BE FOUND IN THE BLUE BOOK IN YOUR GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING A SINGLE FAMILY RESIDENTIAL STRUCTURE THAT IS CURRENTLY UNOCCUPIED, VACANT AND SECURE.
THE STRUCTURE IS CONSIDERED SUBSTANDARD AND REQUIRES REPAIR.
THE PROPERTY IS NOT HOMESTEADED IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICE VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF COATS.
PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO L AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR.
JOSEPH LUCAS IS ASSIGNED TO THIS CASE.
INVESTIGATOR LUCAS WILL NOW PRESENT THE PHOTOGRAPHS MARKED AS QA THROUGH TWO L AND DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INVESTIGATOR LUCAS, PLEASE BEGIN YOUR TESTIMONY.
I'M HAVING SOME ISSUES WITH CAMERA, BUT I CAN SEE YOU.
UM, MY NAME IS JOSEPH LUCAS AND I'M AN INVESTIGATOR WITH THE AUSTIN CODE DEPARTMENT, UH, CENTRAL RESIDENTIAL TEAM NOW, AND THE FOLLOWING PROPERTY LOCATED AT 70 10 CARSWELL DRIVE IS A RESIDENTIAL PROPERTY.
THIS CASE WAS REPORTED TO THE AUSTIN CODE DEPARTMENT ON JULY 26 OF 2017.
UH, AS A COMPLAINT ABOUT NO GAS, NO HOT WATER AND A DANGEROUS ROOF.
ORIGINALLY OFFICER ANTHONY RAINY, WENT TO THE LOCATION AND RECEIVED NO RESPONSE WHEN HE KNOCKED ON THE DOOR.
SO HE SPOKE WITH NEIGHBORS AND LEARNED THAT THERE WERE PROBABLE, UH, SQUATTERS LIVING IN THE STRUCTURE.
UH, OFFICER RAINEY OBSERVED A BROKEN WINDOW GLAZING AND CREATED A VIOLATION FOR IPMC THREE OH FOUR.THIRTEEN.ONE, WHICH IS GLAZING MATERIALS AND WINDOWS ON FEBRUARY 24TH OF 2018 AUSTIN CODE INSPECTOR DIEDRICH KNOCKS WENT TO THE PROPERTY AND HE OBSERVED THE FRONT DOOR HAD BEEN KICKED IN THE STRUCTURE WAS VACANT.
SO HE BOARDED IT AND SECURED IT THROUGH THE AUSTIN CODE VENDOR TO KEEP CRIMINAL ACTIVITY AWAY.
YOU AUSTIN CODE DEPARTMENT KEPT INVESTIGATING THE PROPERTY AND LOOKING FOR PEOPLE ASSOCIATED WITH THE PROPERTY OWNER, WHICH WAS EVELYN MCKINLEY, LIFE ESTATE, WHILE MAKING ROUTINE INSPECTIONS.
IT WAS DISCOVERED THE PROPERTY WAS STILL VACANT AND ENTRY HAD BEEN MADE AGAIN BY UNKNOWN PERSONS.
SO ON APRIL 18TH OF 2019, THE STRUCTURE WAS AGAIN BOARDED UP AND SECURED BY AUSTIN CODE VENDORS.
UH, THE GARAGE DOORS, UH, REAR SLIDING DOOR AND FRONT WINDOWS WERE BOARDED AND SECURED DURING THIS INSPECTION OFFICER SINGLETARY WAS ASSIGNED TO THE CASE AT THIS TIME OBSERVED VIOLATIONS OF IPMC, UH, EXTERIOR WALLS, THREE OH FOUR DOT SIX.
UM, THERE WAS SEVERAL HOLES IN, IN ROTTING SIDING ON THE PROPERTY.
UM, I WAS ASSIGNED TO THIS CASE ON JUNE THE EIGHTH OF 2020.
UM, I INSPECTED THE PROPERTY AND OBSERVED THAT IT IS STILL VACANT.
UH, IT IS STILL BOARDED AND SECURE AT THE TIME.
THE EXTERIOR SIDING IS STILL IN MANY AREAS AND IT HAS NOT BEEN REPAIRED.
I HAVE SPOKEN VIA TELEPHONE TO, UH, WITH MR. PERRY CLARK.
WHO'S GOING TO BE INCLUDED IN THIS, UH, WHO WAS THE SON OF MARINELL MCKINLEY, UM, MARINELL MCKINLEY AND EVELYN MCKINLEY.
UH, THEY WERE MARRIED UNTIL MR. MCKINLEY PASSED AWAY IN 2008.
UM, EVELYN MCKINLEY PASSED AWAY IN 2015.
SO MR. PERRY, CLARK PROVIDED SOME FAMILY INFORMATION TO ME AND ADVISED THAT HE AND HIS SISTER, UH, LISA KELLY WOMACK WOULD BE THE HEIRS TO THE PROPERTY.
AND I HAVE NOT BEEN ABLE TO MAKE CONTACT WITH LISA KELLY WOMACK AT THIS TIME.
THE PROPERTY IS IN THE SAME CONDITION AS IT WAS IN APRIL OF 2019 WHEN IT WAS LAST BOARDED AND SECURED BY THE CODE DEPARTMENT.
UM, SO THIS CASE WAS ALSO SCHEDULED TO GO TO, UH, BSC BACK IN MARCH OF 2020, BUT THAT, UH, BSC WAS CANCELED AS WE ALL KNOW.
SO, UH, THIS CONCLUDES MY PRESENTATION.
UM, I'M AN AVAILABLE ANSWER, ANY QUESTIONS AND WE'LL GO TO THE PHOTOS PHOTO TWO, A, THIS IS A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY.
UM, THERE WAS A ROD IRON GATE AND FENCE THERE, AND, UH, SOMEBODY HAS MANAGED TO DUMP A COUPLE LOADS OF DIRT IN THE DRIVEWAY.
WE'RE STILL NOT SURE WHO DID THAT.
[00:55:01]
OF THE GARAGE SHOWING THAT THE TWO GARAGE DOORS ARE BOARDED AND SECURED BY OUR CODE VENDOR TO SEE IS THE FRONT DOOR.AND IT SHOWS WHERE THE FRONT DOOR HAS BEEN BOARDED AND SECURED.
AND ACTUALLY WE POSTED, UH, NOTICES ON THAT FRONT DOOR.
YOU CAN ALSO SEE THE SIDING ON THE RIGHT HAND SIDE WALL IS PULLED UP AND DILAPIDATED AND ROTTING AND AREAS TO D IS THAT SAME ENTRY AREA, A LITTLE CLOSER VIEW OF THAT TOO, IS THE FRONT FACING A WALL OF THE, TO THE ROAD.
AND THAT'S THE FRONT WINDOWS ARE BOARDED AND SECURED IN.
THOSE WERE DONE BECAUSE THE GLAZING WAS BROKEN OUT OF THOSE TWO APPS.
WE'RE LOOKING AT THE RIGHT SIDE OF THE PROPERTY.
UM, NOW IN THE, THE SIDE WALL, UH, IS DETERIORATED AND ROTTED IN SEVERAL AREAS TO JAY IS JUST TO THE RIGHT OF THAT WINDOW.
WE JUST SAW ON THE PREVIOUS PHOTO AND THERE'S A HOLE IN THE SIDE IN THERE TO H IS THE REAR OF THE PROPERTY.
AND THIS IS SHOWING WHERE THE SLIDING GLASS DOORS HAVE BEEN BOARDED AND SECURED, AND THE REAR WINDOWS COVERED WITH BURGLAR BARS, BUT YOU CAN SEE ROTTED IN, UM, DETERIORATED EXTERIOR WALLS ON, ON THAT SIDE.
AND WE'RE GOING TO GET A LITTLE CLOSER IN THE NEXT PHOTO.
UM, SHOWING ACTUAL HOLES IN THE SIDING AND TO JAY IS THAT SAME HOLE WE JUST SAW.
YOU CAN ACTUALLY SEE PLUMBING, UM, THAT'S ACCESSIBLE.
SO THERE'S RODENTS CAN EASILY CRAWL THROUGH THIS WHOLE AREA.
TWO K IS ACTUALLY THE LEFT SIDE OF THE PROPERTY.
UH, THIS WALL'S IN PRETTY GOOD SHAPE.
THEN THAT LAST PHOTO ALSO SHOWED THAT THERE WAS NO GAS TO THE HOME.
UM, IN THIS PHOTO TO L A, THIS IS SHOWING THAT THE METER IS THERE, BUT THERE IS NO POWER TO THE PROPERTY EITHER.
THIS CONCLUDES THE PHOTOS THAT I HAD ON THIS PROPERTY.
ALL RIGHT, WELL, THANK YOU, INVESTIGATOR LUCAS 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.
PERMITS, REPAIR, ALL CITED VIOLATIONS THROUGH THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTION 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 OFFICIALS DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
SO, ALRIGHT, WE'LL GO AHEAD AND ADMIT STAFF'S EXHIBIT NUMBER ONE AND EXHIBIT TWO THROUGH TWO L A FELLOW COMMISSIONERS.
ANY QUESTIONS OF OUR CODE OFFICER LUCAS AT THIS TIME? OKAY.
UM, MR. CORK PERRY CLERK ARE ON THE LINE.
HELLO? CAN YOU HEAR ME PRETTY GOOD? YES, WE CAN.
MY NAME IS PERIOD CLOGGED, AND HE ALSO HAD, UH, ANOTHER CHILD, WHICH IS MY YOUNGEST SISTER, LISA WOMACK, KELLY.
AND, UM, FIRST OF ALL, I WANT TO THANK YOU GUYS.
WE'LL GO OUT AT THAT BOARD, THAT HOUSE UP.
I MEAN, I REALLY WANT TO THANK YOU GUYS FOR THAT.
UH, FAR AS ANYTHING ELSE, EVERYTHING IS CORRECT.
WHAT'S BEEN PRESENTED BEFORE THE COMMISSION.
UH, I HAVE TALKED TO THIS GENTLEMAN THAT'S RECENTLY WENT OUT ON A LOCATION AND HE'S BEEN VERY, I MEAN, VERY PROFESSIONAL AND NICE AND ASK HIM, YOU KNOW, MR. CLARK, HAVE YOU COME UP IN ANYTHING, UNFORTUNATELY IN THIS SITUATION, WHICH I KNOW YOU GUYS, UH,
[01:00:01]
THE COMMISSIONERS HEARD OF THESE CASES BEFORE I HAVE, UH, WE ARE HEIRS MYSELF AND MY SISTER, BUT I HAVE NOT DONE ANYTHING TO THE PROPERTY BECAUSE IN ORDER FOR ME TO MAKE HER LEFT, SHE HAS TO MAKE A RIGHT.AND IT'S JUST HOW IT HAS TO BE DONE.
AND I'VE BEEN ON THE SUCCESSFUL IN THAT ATTEMPT OVER THE LAST SEVERAL YEARS.
UM, I KNOW MY SISTER HAS SOME HEALTH ISSUES.
THESE ARE JUST SOME OF THE FACTS, WHICH I DO KNOW, UH, SHE MAY SUFFER FROM SOME BIPOLAR DISORDER.
AND SO AS, UH, FOUR DAYS AGO, I WENT AHEAD AND SOUGHT OUT LEGAL COUNSEL, BUT HAVE NOT HIRED ANYONE OR NOR IF ANYONE HAS AGREED TO TAKE ON THIS CASE.
SO THAT'S WHERE I AM RIGHT NOW.
I'M JUST WAITING TO HEAR BACK TO SEE WHICH AVENUE CAN WE TURN.
UM, I MAY HAVE TO FILE SOMETHING WITHOUT MY SISTER, BUT I'M JUST TRYING TO SEE, GO THROUGH THE LEGAL CHANNELS TO SEE WHAT MY NEXT STEP IS.
WHAT CAN I DO TO GO AHEAD AND MOVE FORWARD WITH THIS? BECAUSE I REALLY WANTED THIS DONE YESTERDAY, IF YOU, IF YOU WILL.
AND AGAIN, I DON'T HAVE ANY QUALMS WOULD HAVE BEEN BOARDED UP.
I WOULD JUST WANT TO GET THIS THING MOVING FORWARD, UH, JUST TO GET WITH MY SISTER IF I CAN, OR IF I CAN'T, IF IT'S ANOTHER ROUTE THAT I CAN GO THROUGH LEGAL COUNSELING, I WILL GO AHEAD AND GO THAT ROUTE BECAUSE AS HE IS NOW, I JUST CAN'T MAKE A MOVE.
I CAN'T DO ANYTHING OTHER THAN WHAT THE LAW ALLOWS ME TO DO BY BEING IN A STATE WITH BOTH AIRS.
AND I'M JUST STUCK, IF YOU WILL.
UH, I WOULD LIKE TO SEE THE HOUSE.
I REALLY WISH THAT SOMEHOW THAT MY SISTER COULD MOVE IN AND FIX IT UP, BUT I'M BEING REALISTIC.
AND SO RIGHT NOW, THAT'S JUST WHERE HIM, I'M JUST ASKING YOU GUYS TO, UH, YOU, YOU BEEN WORKING WITH ME AND THEN I'M JUST ASKING FOR YOU TO WORK WITH ME JUST A LITTLE BIT LONGER.
I DON'T KNOW WHAT THE NEXT STEP IS, BUT IT'S GOING TO BE A STEP.
I'M JUST NOT EXACTLY SURE WHAT THAT NEXT STEP IS GOING TO BE, BUT IT IS WHAT I WOULD LIKE TO SEE HAPPEN IS MOVE FORWARD TO OBTAIN THE RIGHT RECORDS.
SO I CAN GO AHEAD AND MAKE A CONSCIOUS DECISION, BUT I HAVE TO DO IT LEGALLY AS YOU ALL KNOW.
ANYTHING ELSE? MR. CLARK? ALRIGHT.
UM, DO YOU HAVE QUESTIONS FOR MR. CLARK OR, AND OR FOR CITY STAFF? I HAVE A QUESTION FOR OFFICER LUCAS.
DO YOU SEE ANY, UM, IMMEDIATE DANGER AND LIFE SAFETY CONCERNS WITH THIS PROPERTY? UM, NO.
MA'AM THE ORIGINAL COMPLAINT SAID SOMETHING ABOUT A DANGEROUS ROOF, BUT FROM THE EXTERIOR, I HAVE NOT BEEN ABLE TO SEE THAT.
UM, AND I HAVE NOT BEEN IN THE PROPERTY INSIDE THE STRUCTURE TO SEE WHAT IT'S LIKE INSIDE.
UM, BUT I DO KNOW THAT, UM, IT HAD TO BE BOARDED UP DUE TO VAGRANTS GETTING IN THERE AND SQUATTING.
I'M SORRY TO INTERRUPT, BUT I JUST LOST THE SIGNAL.
SO I'M JUST NOW COMING BACK IN.
SO I APOLOGIZE FOR THAT, BUT, UH, UH, AGAIN, UH, I HOPE YOU GOT SERVED MY OLD TESTIMONY, BUT I HAD TO SAY WITHOUT ANY, UH, OH, YES.
I JUST ASSUMED YOU WERE FINISHED.
NO, THE PHONE JUST WENT BLACK, BUT, UH, UH, ANYWAY, I, AGAIN, UH, TO THE COMMISSION, I I'M, I'M REALLY THANKFUL THAT SOMEONE WENT OUT AND BOUGHT THAT HOUSE UP BECAUSE THERE WERE SQUATTERS IN THAT.
AND AS, AS I JUST PLEADED MY CASE, THAT'S REALLY ABOUT ALL I HAVE TO SAY.
SO I HOPE YOU GUYS HEARD EVERYTHING FOR THIS WHEN MY SISTER'S MENTAL STABILITY.
AND, UH, I'M JUST TRYING TO SEE AGAIN, I APOLOGIZE ABOUT INTERRUPTED, JUST, UH, WAITING ON SOME LEGAL COUNSEL TO GIVE ME DIRECTION, WHICH ROUTE I COULD TAKE TO MOVE FORWARD.
UH, AND JUST, UH, FROM THERE AGAIN, I APOLOGIZE BY INTERRUPTING.
WE'RE ALL, WE'RE ALL FLEXIBLE DURING THIS STRANGE TIME.
SO OFFICER LUCAS, UM, I KNOW WE CAN'T PREDICT THE FUTURE, BUT IT, IT DOES APPEAR THAT THE
[01:05:01]
CURRENT SITUATION, THE BOARDS ARE SECURE, THAT THE STRUCTURE IS SECURE AND PEOPLE ARE NOT CURRENTLY TRYING TO MOVE INTO THIS VAGRANT.THANK YOU, FELLOW COMMISSIONERS, COMMISSIONER.
I HAVE ONE QUESTION FOR MR. CLARK.
THANK YOU FOR THAT INFORMATION.
SO YOU SAID YOU'VE ALREADY CONSULTED WITH ATTORNEYS.
DO YOU HAVE ANY IDEA HOW TO MAKE A DECISION? NO.
NO, MA'AM I DON'T BECAUSE SHE'S OKAY.
YOU GUYS, YOU GOT ME, BUT NOW I'M TALKING WITH, SHE ACTUALLY DOESN'T DO PROBATES.
SHE'S REACHING OUT TO SOME OTHER ATTORNEY WHO WORKS IN PROBATE AND SHE SAID, WHAT PERIOD, JUST BEAR WITH ME.
AND THAT'S JUST ABOUT THE BEST I CAN DO RIGHT NOW.
I DON'T FORESEE THIS BEING UNTIL IT SNOWS.
AND I'M JUST KIND OF AT HER MERCY.
I REALLY, TRULY HONESTLY BELIEVE THAT SHE WILL HAVE AN ANSWER AND MAYBE BY NEXT WEEK.
UM, AND I'M SORRY, I DON'T HAVE ANY MORE INFORMATION.
THAT'S JUST ALL I, ALL I HAVE TO WORK WITH RIGHT NOW, BUT I AM SEEKING LEGAL COUNSEL TO MOVE FORWARD.
ANY OTHER COMMISSIONERS? OKAY.
WOULD ANYONE LIKE TO ENTERTAIN A MOTION? I'M GO AHEAD AND RECOMMEND IT.
MAKE A MOTION THAT THEY RECOMMEND STAFF'S ORDER.
UM, DISCUSSION FROM THE COMMISSIONERS.
UM, I'LL SAY MY, MY ONLY THOUGHT IS 45 DAYS IS NOT A LOT OF TIME TO HAVE ANY REPAIRS ACTUALLY COMPLETED, ESPECIALLY WHEN THERE'S A LEGAL, BIG LEGAL QUESTION HANGING OVER THE REPRESENTATIVE THAT WE HAVE HERE IN THE MEETING.
UM, YOU KNOW, I DON'T BELIEVE HE CAN LEGALLY MOVE AHEAD WITH REPAIRS.
HE CAN'T, I DON'T THINK HE CAN GET A PERMIT WITHOUT, WITHOUT, UM, PROPERTY OWNERS, ALL PROPERTY OWNERS AGREEING TO THAT, OR AT LEAST A MAJORITY OF THE PROPERTY OWNERS.
SO I, I FEEL AS THOUGH 45 DAYS IS RATHER SHORT.
SO AS FAR AS THE NOTIFICATIONS WOULD GO, BECAUSE THE AIRS HAVE NOT YET BEEN DETERMINED AS FAR AS, UM, FROM THE LEGAL STANDPOINT, FROM WHAT I UNDERSTAND.
SO, SO FAR OUR NOTICES ON GOING TO THE LIFE INTO THE ESTATE, BUT NOT NECESSARILY TO THE HEIRS.
SO PERHAPS WE NEED SOME MORE TIME TO GET THAT QUESTION ANSWERED FIRST AS TO WHO OWNS THE PROPERTY.
NOW, UM, THIS MIGHT BE A QUESTION FOR MS. ALLIE, THE COORDINATOR FOR THE COMMISSION.
DO WE DO, DOES THE CITY HAVE ANY QUESTION AS TO WHO THE HEIRS ARE AND HAVE THE NOTICES ONLY BEEN GOING TO THE STATE FOR HIM? I ALSO BEEN GOING TO MR. CLARK AND MS. KELLY WILMAC.
THEY HAVE BEEN GOING TO THE ESTATE TO KELLY WOMACK, TO MR. CLARK, AND TO TWO OTHER HEIRS THAT WE'VE IDENTIFIED LEGALLY INTERESTED PARTIES.
I'M NOT SURE THAT THEIR EARS, BUT THEY ARE LEGALLY INTERESTED IN, CORRECT.
ACTUALLY, WE HAVEN'T OFFICIALLY CLOSED THE PUBLIC HEARING, SO, UM, I'M NOT SURE YOU WERE OUT OF ORDER, BUT THANK YOU.
[01:10:01]
THE HEIRS HAVE BEEN RECEIVING THE NOTICES, BUT THERE'S STILL THE BIG QUESTION OF SOUNDS LIKE GETTING ONE OF THE HEIRS TO HAVE HAPPENED WITH THE PROPERTY.MA'AM COMMISSIONER'S THOUGHTS ON THE MOTION THAT'S ON THE TABLE.
I WOULD JUST SAY THAT, YOU KNOW, IT'S OUT OF OUR HANDS, AS FAR AS WEATHER, ALL THE AIR THERE'S ARE RESPONSIVE AND COOPERATIVE WITH EACH OTHER.
I MEAN, SOMETHING NEEDS TO HAPPEN WITH THE PROPERTY AND THE LEGAL PROCESS ASSOCIATED WITH MAY OR MAY NOT PROCEED ON A TIMEFRAME THAT MAKES SENSE FOR WHAT OUR OBLIGATIONS ARE HERE FOR THIS COMMISSION.
THANK YOU, MS. MANGRUM ALRIGHT.
UM, COMMISSIONER OGUN, BODHI, DO YOU WANT TO TRY AND MAKE A FRIENDLY AMENDMENT OR ARE YOU OKAY WITH US GOING AHEAD AND ASKING THE QUESTION FOR THE MOTION THAT IS CURRENTLY ON THE TABLE? I COULD, UM, I'D LIKE TO MOVE, TO AMEND THE RECOMMENDATIONS TO PROVIDE FOR AN UPDATE IN, UM, NOT THE NEXT MEETING, BUT IN 60 DAYS.
SO SEPTEMBER MEETING TO GIVE US AN UPDATE ON THE STATUS OF, UM, PRO THE PERMISSIONS NEEDED TO BE ABLE TO MOVE FORWARD WITH THE REPAIRS AND ALSO TO GIVE US INFORMATION ON ANY BIDS OR, OR CONTRACTORS THAT HAVE BEEN CONSULTED AND THINGS LIKE THAT.
SO WOULD THAT INCLUDE AN AMENDMENT TO THE TIMEFRAME BECAUSE WE'RE CURRENTLY AND AN AMENDMENT TO THE TIME FRAME? UM, I BELIEVE WE'RE ABLE TO ASK FOR THEM TO RETURN TO PROVIDE US WITH AN UPDATE, BUT NOT NECESSARILY TO, UM, PUT A 90 DAY TIMEFRAME IN THE ORDER.
IS THAT CORRECT? CAUSE RIGHT NOW IT'S A 45 DAY TIMEFRAME.
SO THE OPTIONS THAT WE HAVE WOULD BE TO EITHER EXTEND THAT TIMEFRAME OUT FURTHER, AND WE CAN GO UP TO 90 DAYS BEYOND 90 DAYS, THEY HAVE TO COME BACK AND PROVIDE US WITH AN UPDATE.
UM, ANOTHER OPTION WOULD BE TO CONTINUE THE CASE, WHICH MEANS WE DON'T REALLY TAKE ANY ACTION.
IT'S LIKE, WE JUST DON'T CLOSE THE CASE AND WE COULD ASK MR. CLARK TO COME BACK IN 60 DAYS WITH AN UPDATE.
SO I, THAT WAS MY RECOMMENDATION THEN WILL BE TO, UM, INSTEAD OF ALLOWING THEM A 90 DAY TIMEFRAME WOULD BE INEFFECTIVE, UM, DUE TO THE HURDLES, I WOULD RATHER RECOMMEND THAT WE CONTINUE IT FOR 60 DAYS AND FOR MR. CLARK TO COME BACK WITH A MORE DEFINITE ANSWER.
SO I BELIEVE SO, SINCE YOU WERE ASKING TO AMEND THE MOTION, THAT'S ON THE TABLE OF FRIENDLY AMENDMENT, WE WOULD NEED THE ORIGINAL PERSON WHO MADE THE MOTION TO AGREE TO THIS.
THIS IS BRANDON CARR, ASSISTANT CITY ATTORNEY.
UM, IF IT'S, IF IT'S A FRIENDLY MOTION, THEN, THEN IT WOULD GO BACK TO THE PERSON WHO MADE THE ORIGINAL MOTION.
IF THE ORIGINAL PERSON DOES NOT AGREE, THEN WE NEED A SECOND IN ORDER TO HAVE A SUBSTITUTE MOTION, WHICH YOU'D HAVE TO VOTE ON FIRST.
WHO MADE THE ORIGINAL MOTION? I KNOW IT WASN'T THAT JAMES DIDN'T, UH, JOHN GREEN SECOND.
WELL, I GUESS I CAN RETRACT THAT MOTION AND, UM, ALLOW FOR THE FRIENDLY AMENDMENT IT'S UP TO YOU.
YEAH, THE STATE ISN'T THAT WAY.
IT'S GO, GO AHEAD AND, UM, UH, RETRACT MY EMOTION AND ALLOW THE FRIENDLY AMENDMENT TO PROCEED IT.
MR. GREEN, ARE YOU OKAY WITH THAT, TOO? SURE.
[01:15:01]
IS TO CONTINUE THE CASE FOR 60 DAYS, OR I'M SORRY, BASICALLY TILL THE WE'RE IN JULY, SO AUGUST.SO IT WILL BE TO THE SEPTEMBER MEETING OF THE BUILDING AND STANDARDS COMMISSION.
SO NO ACTION WOULD BE TAKEN NOW, BUT WE WOULD HOPE THAT MR. CLARK WOULD COME BACK AND WOULD HAVE SPOKEN WITH HIS LEGAL COUNSEL AND HAVE MORE OF AN ACTION PLAN AND PERHAPS EVEN SOME ESTIMATES AND A PLAN FOR HOW TO ADDRESS THESE REPAIRS.
SO ANY OTHER DISCUSSION OF THIS MOTION, OR SHALL I GO AHEAD AND CALL THE QUESTION? CALL THE QUESTION.
THANK YOU ALL IN FAVOR OF THE MOTION TO CONTINUE THE CASE FOR 60 DAYS OR UNTIL THE SEPTEMBER MEETING OF THE BUILDING AND STANDARDS COMMISSION SAY AYE.
SO I HEARD AT LEAST TWO OPPOSED, UM, THAT WAS COMMISSIONER.
SO LET ME RECOUNT, SO ALL IN FAVOR WOULD BE MYSELF COMMISSIONER FRYBERGER COMMISSIONER FERRERA.
WERE YOU IN FAVOR? I'M NOT SURE A ROLL CALL HERE IS GOING TO WORK, BUT I'M GOING TO TRY IT AGAIN.
SO I AM IN FAVOR, UH, COMMISSIONER FOR RERA YES.
COMMISSIONER MANGRUM WAS OPPOSED, UH, COMMISSIONER GREEN.
UM, COMMISSIONER SHEDDEN WAS OPPOSED COMMISSIONER ABILA I'M IN FAVOR.
THANK YOU, COMMISSIONER
COMMISSIONER IS STILL STAB IN FAVOR.
LET ME SEE IF I GOT EVERYBODY.
THE MOTION PASSES SO THEY CAN TASTE THE CASE WILL BE CONTINUED UNTIL THE SEPTEMBER MEETING OF THE BUILDING AND STANDARDS COMMISSION.
MR. CLARK, DOES THAT MAKE SENSE TO YOU? YES, MA'AM IT DOES.
AND, UH, UH, I'D JUST LIKE TO SAY THANK YOU GUYS.
AND I WILL DO MY BEST ABILITY WAY TO TRY TO BRING SOME NEW ANSWERS SO WE COULD JUST ALL MOVE FORWARD.
UH, YOU GUYS DON'T PICK UP THE WRONG WAY.
I APPRECIATE THE WHOLE COMMISSION AND THE BOARD.
THANK YOU FOR LISTENING AND GIVING ME AN OPPORTUNITY TO SPEAK.
AND, UH, AS I SAID AGAIN, IT'S JUST, I WOULD PERSONALLY LIKE TO MOVE FORWARD WITH THIS AND THEN THIS CHAPTER MOVE ON TO SOMETHING ELSE, BUT, UH, I'M SATISFIED.
AND AGAIN, THANK EACH AND EVERYONE WHO ALL BUT LISTENING AND TAKING THE TIME AFTER WE CONSIDER AND TO RECONSIDER.
SO THAT MEANS A LOT, BUT I WILL DO MY BEST.
AND WE WILL SEE YOU AGAIN AND NOW YOU'RE A COUPLE OF MONTHS.
GOOD LUCK IF YOU DON'T SEE ME, DEFINITELY YOUR PHONE.
WOULD YOU LIKE TO CONTINUE WITH THE AGENDA ITEMS? ALL RIGHT.
THE NEXT CASE ON THE AGENDA ITEM NUMBER
[4. Case Number: CL 2020-100416 Property address: 2015 Payne Avenue / Owner: Moellenberg Properties, LLC Staff presenter: David Downing, Austin Code Department Staff recommendation: Repair residential structure]
FOUR, UM, WE ARE NOT GOING TO HAVE ANYBODY REPRESENTING THIS PROPERTY NIGHT, SO I'LL JUST MOVE FORWARD WITH THE SCRIPT.THE NEXT CASE ON THE AGENDA ITEM NUMBER FOUR IS REGARDING THE PROPERTY LOCATED AT 2015 PAINE AVENUE AND HIS CASE NUMBER CL 2021 ZERO ZERO FOUR ONE SIX.
THIS CASE CAN BE FOUND IN THE ROSE COLORED BOOK IN YOUR GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING AN UNOCCUPIED RESIDENTIAL STRUCTURE THAT IS CURRENTLY VACANT AND SECURE.
SUBSTANDARD CONDITIONS EXIST AT THIS PROPERTY, WHICH REQUIRE REPAIR IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS A COM COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS.
AND EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS TWO EIGHT, THREE, TWO M.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR DAVID DOWNING IS CURRENTLY ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOGRAPHS MARKED AS TWO WAY IS TO M AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
SUPERVISOR DOWNING, PLEASE BEGIN YOUR TESTIMONY.
I'M DAVID DOWNING, RESIDENTIAL SUPERVISOR FOR NORTH AUSTIN CODE DEPARTMENT.
THANK YOU FOR HEARING OUR PRESENTATION
[01:20:01]
FOR THE VIOLATIONS OF 2015.THIS IS A RESIDENTIAL PROPERTY IN CENTRAL AUSTIN.
IT IS LOCATED TWO BLOCKS EAST OF BURNET ROAD AND AREA OF SINGLE FAMILY RESIDENCES.
LAMAR MIDDLE SCHOOL IS 800 FEET SOUTHWEST OF THE PROPERTY.
THE COMPLAINT HISTORY FOR THIS PROPERTY HAS SIX CASES.
GOING BACK TO 2007, THE SAME OWNER HAS OWNED THE PROPERTY FOR THE TIMEFRAME OF THESE CASES.
IN ADDITION, THERE HAVE BEEN OTHER HEARINGS FOR THESE VIOLATIONS AND ADMINISTRATIVE HEARING IN 2018 AT AN ORDER DIRECTING THE OWNER TO CORRECT THE VIOLATIONS.
THE OWNER DID NOT APPEAR AT THAT HEARING.
AND THE FEES REMAINED, DO THIS BE A C PRESENTATION, COVER SOME OF THE SAME DEFICIENCIES OR THE SAME OWNERSHIP.
THIS PROPERTY IS A DUPLEX AND THE REAR UNIT IS OCCUPIED.
NO INSPECTIONS HAVE BEEN MADE AT THE OCCUPIED UNIT.
THE SINGLE FAMILY HOME THAT IS ORIGINAL TO THE LOT AS THE FOLLOWING DEFICIENCIES, TOTAL GRASS AND WEEDS ACCUMULATED RUBBISH, BROKEN WINDOWS, DETERIORATING ROOF, FACIA, AND SUPPORT.
THERE ARE EXPIRED PERMITS AND WORK PERFORMED WITHOUT PERMIT AND PERMITS TO ESTABLISH MINIMUM SAFETY STANDARDS FOR FIRE PREVENTION AND NATURAL GAS PIPING WILL BE REQUIRED TO ALLOW OCCUPATION OF THE ORIGINAL SINGLE FAMILY HOME WITH A LOT, THE CUMULATIVE EFFECT OF THESE CONDITIONS.
ZANE NEIGHBORHOOD BLIGHT AND INVITATION, A NUISANCE FOR THE AREA IN GENERAL IS SPECIFICALLY AN IMPEDIMENT TO THE ENJOYABLE USE AND THE VALUE OF PROPERTIES IMMEDIATELY ADJACENT TO 2015 PAINT AVENUE.
I'D LIKE TO INTRODUCE YOU TO THE PHOTOGRAPHS OF THE PROPERTY.
SO BEGINNING HERE AT
THIS IS THE VIEW FROM THE STREET AT PAINT AVENUE.
UM, SO YOU'RE, YOU'RE LOOKING SOUTH ON PAINT AVENUE, WHICH RUNS EAST WEST.
I'M JUST A BIT OFF OF BURNET ROAD.
UM, THAT IS THE ORIGINAL SINGLE FAMILY HOUSE.
AND THEN THERE'S A DUPLEX DETACHED UNIT AT THE BACK AND MOVING ON TO TWO B.
SO TWO B IS THE SAME VIEW FROM THE STREET, BUT YOU CAN SEE THE RIGHT SIDE OF THE PROPERTY A BIT MORE AND FOUND THE BACK OF THAT DRIVEWAY IS THE DETACHED REAR.
AND, UM, I'M WORD IN THE DRIVEWAY HERE AGAINST THE NEIGHBOR'S PROPERTY LINE.
YOU CAN SEE AN ACCUMULATION OF BUILDING DEBRIS MOVING ON TO, TO SEE THIS IS STANDING AT THE FRONT PORCH RIGHT THERE AT 2015 PAINT AVENUE.
UM, AGAIN, THAT HOUSE IS VACANT AND LOOKING UP AT THE COURTROOM, YOU CAN SEE PART OF THE FACIA IS COMPLETELY ROTTED AWAY.
AND EVEN IN THE LEFT OF THE FRAME, YOU CAN SEE, YOU CAN SEE DAYLIGHT THROUGH THE FACIAL THAT'S ROTTED, AND I'M ALSO CONCERNED THERE'S NO CEILING IN THAT PORCH ROOF AND ANY RODENT, LARGE RODENT RACCOON, POSSUM, ANYTHING FOR ALL THROUGH THAT CEILING, AND THEN LIVE IN PERPETUITY IN THE ATTIC OF THE VACANT HOUSE, GOING ON TO TWO D STANDING ON THE FRONT PORCH, YOU CAN SEE THE GAS METER HAS BEEN REMOVED.
THE PROPERTY HAS BEEN VACANT, UM, THROUGHOUT THE CASE THAT I'M FAMILIAR WITH.
SO UTILITIES SEEM TO BE DETACHED, AT LEAST THE GASSES AND THERE'S TALL GRASS AND WEEDS OR NOT THE TWO E MORE DETACHED, MORE DETERIORATED FACIA, YOU KNOW, LOOKING UP FROM THE PORCH, GROWING TO, TO F UM, AGAIN, THERE'S THE TALL WEEDS AND GRASS, THE BACK OF THE FRAME, THE WINDOW THERE AT THE FORWARD OF THE FRAME, YOU CAN SEE THAT LOWER PAIN'S ACTUALLY CRACKED, AND IT'S WEATHERED ENOUGH THAT, AND WE'LL SEE THIS AGAIN, THE PAINTS PEEL THE BATTLING ENOUGH THAT IT'S JUST INVITING MORE DETERIORATION AT THESE WINDOWS AND OTHER LOCATIONS MOVING ON TO THE NEXT PHOTO G.
SO THIS IS STANDING AT THE LEFT SIDE PROPERTY LINE.
UM, I SUPPOSE THAT THERE'S STILL ELECTRICAL SERVICE AT THE HOUSE.
THE METERS ARE IN PLACE, AND I'M NOT CLEAR WHAT THOSE EXTENSION CORDS ARE THERE TO POWER, BUT IT IS A CODE VIOLATION TO PERMANENTLY POWER, ANY DEVICE WITH AN EXTENSION CORD AND THAT WINDOW UNIT AIR CONDITIONER, UM, IT SHOULD BE LEVEL IF IT WAS FUNCTIONAL, THAT'S OUT OF COMPLIANCE.
THEN MOVING ON TO, TO F TO H SO THE STANDING OF THE DRIVEWAY, LOOKING BACK AT THE REAR UNIT, WHICH WOULD BE B THAT'S THEIR MAILBOX, JUST IN ACCUMULATION BUILDING MATERIAL THERE AT THE FENCE, AND ALONG THE NEIGHBORS FENCE THERE ON THE RIGHT.
YOU CAN SEE UNTREATED PLYWOOD USED PROPER FENCING UP AND LADDERS AND OTHER BUILDING MATERIALS AGAINST THAT NEIGHBOR'S PROPERTY.
THE NEXT PHOTOGRAPH, A LITTLE FURTHER IN THE DRIVEWAY
[01:25:01]
LEANING AGAINST THE HOUSE AS SOME BUILDING MATERIAL.AND IT'S, UM, THE COLUMNS OF THIS REAR PORCH, THIS, UM, POOREST THAT RUN FROM THE MAIN HOUSE TO THE DETACH REAR UNIT.
UM, AT FIRST COLUMN THAT YOU SEE, THAT'S JUST UNTREATED TO BEFORES STIFF BRACED AGAINST THE, UM, DRIVEWAY, HOLDING UP WHATEVER DEFICIENCY THERE IS AND ALL THAT ROOFING THERE.
AND THE WINDOW OF THE HOUSE IS BOARDED UP.
UM, AS IT'S MAKING NEXT PHOTOGRAPH, UM, AGAIN, THE UNTREATED PLYWOOD AND BUILDING MATERIALS AGAINST THAT, UM, BLUE-GRAY NEIGHBOR'S HOUSE.
THERE ARE TRASH CANS OVERFLOWING, RUBBISH ONSITE, NEXT PHOTOGRAPH.
SO THIS IS STANDING AT THE LEFT NEIGHBORS AGAIN, LOOKING INTO THE BACKYARD.
UM, THAT NEIGHBOR WAS PERMISSIVE ME GETTING ON HIS PROPERTY TO VIEW THE CONDITIONS HERE.
YOU CAN SEE THE PAINTS PEELING OFF THE HOUSE BADLY ENOUGH THAT IT'S JUST AN INVITATION TO OTHER DETERIORATION LOT.
AND AT THIS SIDE OF THE PORCH, YOU CAN SEE MORE TEMPORARY BRACING HOLDING UP THAT FAILING ROOF AND ALL THAT REAR PATIO STRUCTURE, ALL WEEDS AND GRASS PLAINLY VISIBLE TO THE NEIGHBOR THAT LED ME ON HIS PROPERTY AND THE NEXT PHOTOGRAPH.
UM, THAT'S THE ROOF ABOVE THAT SAME WINDOW.
WE'RE JUST LOOKING AT IT'S COMPLETELY ROTTED AWAY.
THE FACE IS ROTTED, BAD MOUTH THAT IT'S, THE RAFTER TAILS ARE STARTING TO FAIL NEXT PHOTOGRAPH.
SO THIS IS THE SAME VIEWPOINT, A LITTLE FURTHER INTO THE YARD CENTER OF THE FRAME.
AND THERE'S A STEEL BARREL FULL OF ROUGH MATERIAL.
I'M NOT SURE, BUT THAT'S RUBBISH IN THE YARD WHILE RUBBISH BEHIND IT, TALL GRASS AND WEEDS THROUGHOUT AND THE PHOTOGRAPH.
SO THAT'S OUR FINAL PHOTOGRAPH THAT COVERS THE PROPERTY CONDITION.
AND YOU CAN APPRECIATE WHAT THE NEIGHBORS EXPERIENCE BEING ADJACENT TO IT EITHER SIDE.
ALL RIGHT, WELL, THANK YOU, SUPERVISOR DOWNING 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 WAS 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.
MARK IS TWO EIGHT THROUGH TWO M STAFF ALSO REQUESTS THAT 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 RESIDENTIAL DUPLEX 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 IT'S IN DOLLARS PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE AND TRUE.
SHELL ACCRUED A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
I'M GOING TO GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE AND TWO M AND I WANTED TO JUST CLARIFY WITH OFFICER DOWNING, THESE VIOLATIONS ARE FOR THE FRONT STRUCTURE ONLY, IS THAT CORRECT? YES.
WE, WE'VE NOT INSPECTED THE REAR UNIT, THE DUPLEX.
IT IS OCCUPIED BY SOMEONE NOT RELATED TO THE FAMILY AND OWNERSHIP.
UM, SO IT'S STRICTLY THE PROPERTY CONDITION ITSELF AND THE STRUCTURE, THE SINGLE FAMILY STRUCTURE, ORIGINAL THAT FORWARD VISION.
AND HAVE YOU HAD ANY RECENT CONTACT WITH THE OWNER OR AN REP? WE HAVE, UM, MYSELF AND OTHER PEOPLE THAT ARE IN THE OFFICE AND DUG THROUGH EVERY AVAILABLE RECORD, UM, WITH THIS FAMILY OF OWNERSHIP OWNERSHIP AND THROUGH FOUR PHONE NUMBERS, HAVEN'T BEEN ABLE TO LEAVE A PHONE, A VOICEMAIL, OR COMPLETE A CALL, UM, AND POSTINGS AT THE PROPERTY DON'T SEEM TO GENERATE ANY RESPONSE.
THE NOTICE OF VIOLATION HAS BEEN POSTED CITATIONS HAVE BEEN POSTED.
UM, THE ADMIN HEARING LAST YEAR, YEAR AND A HALF AGO WAS NOT ATTENDED.
UM, NOTHING HAS GOTTEN A RESPONSE FROM THE OWNER AND ITEMS THAT HAVE BEEN MAILED ANY NO RESPONSE.
UM, I'D HAVE TO CHECK THE CERTIFIED MAIL IF ANYTHING WAS SIGNED UPON RECEIPT, BUT NO ACTION WAS EVER INITIATED FROM ANYTHING WE'VE SENT THEM.
I WONDERED IF AN ATTEMPT HAS BEEN MADE JUST TO ASK THAT THE TENANT IN THE
[01:30:01]
BACK WHO THEY'RE PAYING THEIR RENT TO, UM, MY UNDERSTANDING IS THE TENANT AT THE BACK, AND IT MAY HAVE BEEN A FORMER TENANT, THE CASES, UM, COME IN AND OUT OF THE DEPARTMENT SEVERAL TIMES, UM, MADE THE ORIGINAL COMPLAINT, BUT WHAT THE CONDITIONS OF THE PROPERTY, UH, THE TENANT WAS LIVING THERE WHEN THERE WAS A CONSIDERABLE AMOUNT OF TRASH IN THE FRONT YARD THAT THE OWNER WOULDN'T ADDRESS, INCLUDING LIKE A COUPLE OF DISCARDED TOILETS OR SOMETHING LIKE THAT.UM, AND EVENTUALLY THAT MATERIAL WAS ABATED.
AND I HAD A BRIEF CONVERSATION WITH SOMEONE WHO SAID THEY WERE THE RESIDENT BACK, THAT THEY WEREN'T FORTHCOMING WITH OWNER CONTACT INFORMATION.
I HAD THE IMPRESSION THEY WERE JUST TRYING TO PRESERVE THEIR HOMESTEADS SITUATION.
THIS IS JAGGER QUESTION FOR OFFICER GANNON AS WELL.
UM, YOU MENTIONED THAT ONE, THERE WAS A, UM, AN ISSUE BEFORE WITH EVEN MORE TRASH WITH TOILETS IN HER FRONT YARD THAT GOT PICKED UP THAT'S ACCURATE.
AND THEN DO YOU HAVE ANY IDEA HOW THAT TRANSACTION OCCURRED? BECAUSE I DON'T THINK SOMEONE'S GOING TO COME ALONG WITH THE GOODNESS OF THEIR ART AND TAKE THOSE UP.
UM, SO I'M ACTUALLY NEW TO THE TEAM.
I WAS WITH COMMERCIAL PROPERTY UNTIL JUST A FEW MONTHS AGO.
UM, OTHER INSPECTORS AT THAT TIME, I'LL I COULD ASSUME WHAT HAPPENED THAT WE WILL SAY IT WAS A BAITED.
IT COULD HAVE BEEN A FORCED DEBASEMENT.
THE CITY COULD HAVE EVADED IT THROUGH A CUTLASS PROCESS WHERE THE OWNER TENANT AND FRUSTRATED NEIGHBOR MAY HAVE CLEARED IT, BUT THEY DON'T MEAN TO PICK ON YOU TO MY TUFTS.
UM, AND THEN THIS RENNER, DO WE HAVE ANY IDEA? YOU HAVE IT, WE KNOW WHO THIS PERSON IS.
CAN WE REACH OUT TO THEM AND ASK THEM, UH, WOULD YOU SEND THE, TO THAT'S THE EXACT QUESTION I ASKED THEM IF THEIR LANDLORD COULD GET IN TOUCH WITH ME, I DIDN'T BOTHER WITH T CAD DESCRIPTIONS OR ANYTHING.
YOU JUST HAVE YOUR LANDLORD GET IN TOUCH WITH ME.
AND WE'VE LEFT BUSINESS CARDS WITH THE PERSON REPORTING TO BE THE TENANT, AT LEAST TWICE IN THE LAST COUPLE OF MONTHS AND NO CONTACT IS EVER RETURNED.
AND WHAT THE TEEKAT SAY, UM, GCAT HAS A MUHLENBERG PROPERTIES INCORPORATED, I'M SORRY, MUHLENBERG PROPERTIES, LLC, UM, WHICH IS IN DALLAS.
UM, AND WE'VE DUG THROUGH MULTIPLE RECORDS, FINDING DIFFERENT PEOPLE WITH THAT LAST NAME AND NO CONTACTS BEEN SUCCESSFUL.
SO THERE'S NO ADDRESS FOR MULHOLLAND'S PROPERTY LLC IN DALLAS.
UM, THERE'S THAT ADDRESS? AND THERE'S ACTUALLY A COUPLE OTHERS THAT WE TRIED, BUT AGAIN, NO EFFORT GENERATES A RESPONSE.
SO THERE'S BEEN A LITTLE BIT OF ACTION, BUT WE DON'T HAVE ANY IDEA WHO IT IS FOR A VARIETY OF REASONS.
IT'S ANOTHER COUPLE OF YEARS AND YOU GET NO RESPONSE.
UM, WHEN YOU TRY TO PHYSICALLY FIND SOMEBODY, UM, THE TEEKAT HAS A LLC OUT OF DALLAS, UM, LLC IS A FAMILY NAME THAT WE FIND ON OTHER RECORDS.
AND WE'RE VERY CLEAR AS TO THE FAMILY THAT, BUT THE TENANT ONSITE, IT DOESN'T APPEAR TO BE RELATED AND IT DOESN'T RENDER ASSISTANCE IN GETTING A MESSAGE THROUGH, OR IF THEY DO, WE DON'T GET A RESPONSE FROM IT.
I MEAN, WE, WE, WE'VE SEEN A LOT WORSE EVEN TONIGHT, AS FAR AS PROPERTIES IN KIND OF SHAPE THEY'RE IN RECOVERY, BUT IS IT IS TROUBLESOME WHEN YOU CAN'T GET APP MOVING AT ALL FROM THE PROPERTY.
SO THANK YOU VERY MUCH, OFFICER, AND IT IS A REPAIR TO ORDER A PERMIT CAN DIFFERENTIATE ONE UNIT FROM THE OTHERS IT'S POSSIBLE.
THE REAR TENANT COULD BE IN A SECURE SITUATION WHILE THE, THE FRONT BUILDINGS COMPLETELY RENOVATED OR AS RENOVATED AS NECESSARY.
DO ANY OTHER COMMISSIONERS HAVE QUESTIONS? WERE THE ADMINISTRATIVE FINES PAID? YEAH, I HAVE NOT BEEN, THIS IS MELANIE.
THE ADMINISTRATIVE HEARING FEES HAVE NOT BEEN PAID.
UM, I ALSO WANT TO ADD THAT THE, UH, THAT THE LLC IS NOT IN GOOD STANDING.
UM, WE'VE ATTEMPTED TO CONTACT THE OWNER AT MULTIPLE ADDRESSES AND, UH, WE'VE GOTTEN NO RESULTS.
I'VE WORKED WITH MR. DOWNING TO,
[01:35:01]
UH, TRY TO FIND SOME OF THE FIND OWNERS AND WE'VE LOOKED FOR WE'VE CALLED DIFFERENT PHONE NUMBERS.WE HAVE DONE A GREAT DEAL OF DUE DILIGENCE AND NOT BEEN ABLE TO FIND, YOU KNOW, WE'VE SENT NOTICES TO SEVERAL ADDRESSES AND THEY ALL COME BACK.
UNDELIVERABLE, MELANIE, IF YOU COULD SPEAK INTO DIRECTLY, SORRY, I HAVE A MASK ON, I APOLOGIZE.
UM, SO THE LLC IS NOT IN GOOD STANDING.
WE'VE NOTIFIED THE, UM, REGISTERED AGENT THAT'S LISTED.
WE'VE SENT NOTICES TO SEVERAL ADDRESSES WITH THAT HAVE COME BACK UNDELIVERABLE.
WE HAVE CALLED EVERY PHONE NUMBER WE CAN FIND, WHICH IS AS MISS, AS SUPERVISOR DOWNING STATED, THERE WERE PROBABLY FOUR DIFFERENT NUMBERS WE'VE TRIED, ATTEMPTED TO CALL.
UM, SO WE'VE BEEN VERY UNSUCCESSFUL.
I'VE ALSO SEEN THAT THIS PROPERTY OR THIS BUSINESS WAS LISTED.
I'M NOT SURE IF IT WAS THIS YEAR, BUT IT WAS LISTED AS ONE OF THE TOP 10 TAX, YOU KNOW, PEOPLE FOR NOT PAYING THEIR TAXES, UH, PROPERTY TAXES IN TRAVIS COUNTY.
THAT'S BEEN THIS YEAR OR IT MIGHT'VE BEEN IN A PREVIOUS YEAR.
I'M NOT SURE, BUT I DID SEE THAT RECORD AS WELL.
I JUST WANTED TO ALSO MENTION THAT THE TAXES HAD NOT BEEN PAID AS OF A COUPLE OF DAYS AGO, ACCORDING TO THE TRAVIS COUNTY RECEIPTS.
SO ANY OTHER QUESTIONS FROM THE COMMISSION, WOULD ANYONE LIKE TO MAKE A MOTION TO, UH, MAKE A MOTION TO, UH, UM, SEPARATE FROM THE FINDINGS OF FACT AND, UH, WE NEED TO STOP THE EXHIBITS INTO, UH, UH, I THINK I DID.
YES, I DID MOST OF THE FACTS EXCEPT THE RECOMMENDATIONS OF STAFF.
ANY FURTHER DISCUSSION OF DEVOTION, WHICH IS TO ADOPT STAFF'S RECOMMENDATION.
HEY, MOTION TO APPROVE, TO ADOPT STUFF'S RECOMMENDATION, WHICH IS TO OBTAIN A FINALIZE, ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS WITHIN 45 DAYS, UH, REQUEST INSPECTIONS.
AND ON THE 46TH DAY, IT COMPLIANCE HAS NOT BEEN ACHIEVED.
SO IT'S A CIVIL PENALTY OF $1,000 PER WEEK.
IS WHO IS THAT OF MR. ALVEOLA? YEAH.
THE MOTION IS PASSED AS THANK YOU, OFFICER DOWNING.
THANK YOU, INSTIGATOR, RIGHT? YES.
UH, WE'RE GOING TO MOVE ON TO THE NEXT DISCUSSION AND POSSIBLE ACTION ITEM.
[5. Review and discuss draft Annual Internal Review Report for July 1, 2019 – June 30, 2020. Presenter: Melanie Alley, Austin Code Department]
GOING TO BE ITEM NUMBER FIVE ON THE AGENDA AND MELANIE ALLIE, OUR A PSE COORDINATOR WILL BE PRESENTING THIS AND MOVING FORWARD WITH THE REST OF THE MEETING.CHAIR, ITEM NUMBER FIVE ON THE AGENDA FOR DISCUSSION.
AND ACTION IS THE ANNUAL INTERNAL REVIEW REPORT FOR 2019 AND 20.
THIS REPORT WAS DISCUSSED, RIGHT? OR I'M SORRY, MR. ALI.
YES, WE ARE STILL HAVING TROUBLE HEARING YOU.
CAN YOU HEAR ME BETTER NOW? YES, MUCH BETTER.
HOW'S SPEAKING CLOSER INTO THE, IN OUR, UM, CT, OUR CTM PERSON IS COMING BACK TO SO HE CAN PUT LOAD SOMETHING ON THE, UH, ON THE SCREEN.
ITEM NUMBER FIVE IS THE ANNUAL INTERNAL REVIEW REPORT FOR 2019 AND 20.
THIS REPORT WAS DISCUSSED AT LAST MONTH'S MEETING.
AND BASED ON YOUR COMMENTS AND REQUEST, STAFF HAS PREPARED A DRAFT REPORT FOR YOUR REVIEW AND APPROVAL.
THE FINAL REPORT WILL BE FILED, MUST BE FILED WITH THE OFFICE OF THE CITY CLERK AND THE AUSTIN CODE DEPARTMENT BY JULY 31ST, 2020.
[01:40:02]
ONCE THE CITY CLERK'S OFFICE HAS COMPLETED THEIR REPORT, IT WILL BE SUBMITTED TO THE CITY AUDITOR'S OFFICE FOR REVIEW, AND THE COMMISSION'S REPORT WILL BE POSTED ON THE CITY WEBPAGE.THIS WILL LIKELY NOT OCCUR UNTIL THE END OF AUGUST OR EARLY SEPTEMBER.
UH, IF YOU APPROVE THE REPORT WITH ADDITIONAL CHANGES, THE FINAL REPORT CAN BE APPROVED BETWEEN NOW AND JULY 31ST BY THE CHAIR.
AND COULD YOU PUT THAT ON THE SCREEN PLEASE? YES.
I DON'T KNOW IF YOU'VE HAD A CHANCE TO LOOK AT IT OR NOT.
I THINK WE'RE PROBABLY ALL LOOKING AT IT RIGHT NOW.
AND IF YOU HAVE ANY QUESTIONS, JUST LET ME KNOW.
LET'S JUST TAKE A COUPLE OF MINUTES TO READ THROUGH IT.
AND, UM, COMMISSIONERS, IF YOU HAVE ANY QUESTIONS, PLEASE JUST SPEAK UP.
WAS THIS A, IS THIS A PAGE TWO PAGER? IT WAS SENT OUT EARLIER TODAY.
YOU GOT SOME GOOD MEASUREMENTS HERE.
I'M JUST GOING TO ASK HER TO STAFF UP.
ARE THERE ANY HIGHLIGHTS HERE THAT YOU WANT TO POINT OUT SPECIFICALLY? UM, IT LOOKS LIKE I'VE DONE PRETTY GOOD JOB AGGREGATING OUR MEASUREMENTS.
YEAH, I GUESS WE DON'T HAVE TO TURN MY MONEY THEN MISS ALLIE, IF YOU WERE SPEAKING, WE COULD NOT HEAR YOU, BUT PERHAPS YOU WEREN'T SPEAKING.
OH, I JUST SAID, YOU'RE WELCOME, MR. GREEN SAID, THANK YOU.
UM, IT'S I, I THINK THIS LOOKS FANTASTIC AND VERY APPRECIATIVE OF STAFF'S EFFORTS AND PUTTING, PUTTING THIS TOGETHER.
UM, BUT I DO HAVE A QUESTION ON THE TWO DEMOLITION ORDERS, NEITHER OF WHICH IS ACHIEVE COMPLIANCE.
DO WE HAVE ANY IDEA HOW LONG THE CITY IS TAKING TO ACTUALLY ACT ON A DEMOLITION ORDER? THIS IS A VERY RANDOM QUESTION.
I WILL REFER TO MARLENA, RIGHT? TO ANSWER THAT QUESTION.
SHE WORKS WITH THE DEMOLITIONS AND I WOULDN'T KNOW, I CAN LOOK AT MY CHART AND TELL YOU WHAT PROPERTIES THOSE ARE.
LET ME LOOK REALLY QUICKLY, MS. RIGHT.
ARE YOU STILL WITH A DIVISION MANAGER? ROBERT MOORE? I CAN TAKE THAT QUESTION.
A IT'S ALL DEPENDENT ON OUR BUDGET AND, UM, THE PROCESSES THAT WE HAVE TO GO THROUGH AS FAR AS LETTING US BEST AS TESTING.
I MEAN, IT CAN BE AS SHORT AS ONE TEST OR IT CAN GET UP INTO THE THREE AND FOUR TESTS RANGE, UH, SO THAT, YOU KNOW, TAKES TWO PLUS WEEKS PER TEST.
UH, SO I GUESS YOUR QUESTION WAS JUST SO I'M UNDERSTANDING IT.
HOW LONG DOES IT TAKE TO DEMO SOMETHING? WELL, I THINK THE MORE OR LESS, OR HOW BACKED UP IS THE CITY ON DEMOLITIONS? YES.
LIKE IF WE PUT IN AN ORDER AND AFTER 45 DAYS, NO ONE HAS COMPLIED.
IS IT JUST SITTING OUT THERE FOR SIX MONTHS OR 18 MONTHS? OR IS IT THAT IT'S JUST, THE PROCESS ACTUALLY BEGINS, BUT IT JUST TAKES SO LONG BECAUSE OF ALL THE TESTING AND, AND THINGS YEAH.
WE'RE JUST, IT COULD BE A BUDGET ISSUE DEPENDING ON THE SIZE OF THE STRUCTURE THAT COULD ABSOLUTELY SIDELINE IT.
I HAVE LOOKED AT MY CHART TO SEE WHAT THESE
[01:45:01]
TWO PROPERTIES ARE.THEY WERE BOTH FROM AUGUST THAT, UM, WE WOULD, WE WOULD BE SUBMITTING ANY FUTURE DEMOLITIONS, PROBABLY ON OCTOBER 1ST.
WE HAVE TO HAVE SOME DEMOLITIONS IN THE WORKS RIGHT NOW THAT'S AFFECTING OUR BUDGET.
UH, THESE PROPERTIES HAVE HIGH LEAD AND ASBESTOS RIGHT NOW.
SO WE NEED TO MAKE SURE THAT WE'RE LEAVING ENOUGH IN THE BUDGET RIGHT NOW TO ADDRESS THE PROPERTIES THAT WE HAVE DRESSED UP OR DISPOSAL SERVICES CAN GET VERY HIGH.
UM, SOME OF THE DISPOSAL SERVICES ARE AS FAR AS DALLAS FOR SOME OF THESE TOXIC MATERIALS.
SO WE ALWAYS HAVE TO MAKE SURE THAT THAT OUR BUDGET IS WITHIN WHAT WE'VE ALREADY SUBMITTED, BUT ONCE SOMETHING IS SUBMITTED, WE CAN GET SOMETHING DEMOLISHED WITHIN ABOUT SIX MONTHS.
UH, IT TAKES ONE TO TWO MONTHS TO SCHEDULE SOMETHING WITH AN ENGINEER AND WE CAN ALWAYS MOVE THAT TIMEFRAME UP FASTER.
INFRASTRUCTURE IS A DANGEROUS OR BE WITHIN A CLOSE PROXIMITY TO A SCHOOL.
THEY WILL RESPOND FASTER, BUT IT STILL CAN BE, UH, ABOUT FOUR TO SIX MONTHS IF NOT PUSHED.
UM, JUST DUE TO THE WAY THE CITY OPERATES AS WELL.
YOU HAVE TO GO WITH THE LOWEST BID.
SO WE DO HAVE TO WAIT FOR CERTAIN BIDS TO COME IN AND THEN WE ALSO HAVE TO ROTATE OUR ENGINEERS.
UM, AND SO OF COURSE THE ENGINEER COMPANY CAN HOLD SOMETHING BY A COUPLE OF WEEKS AS WELL.
ENGINEER COMPANY WE'RE USING CHAIR ALSO WANTED TO ADD THAT I'VE LOOKED UP THE TWO, THE TWO DEMOS THAT WE DO HAVE LISTED ON THE REPORT.
THOSE WERE BOTH FROM AUGUST, 2019.
ONE OF THOSE DEMOS, THE PROPERTY WAS DEMOLISHED.
THAT WAS A PROPERTY ON SOUTH FIRST STREET.
HOWEVER, THE, THERE ARE STILL SOME REMAINING, UH, THERE'S DEBRIS AND A WALL I BELIEVE, OR MAYBE AN ACCESSORY STRUCTURE THAT HAS NOT BEEN DEMOLISHED.
AND SO THOSE PERMITS HAVE NOT CLOSED OUT.
AND THAT'S WHY THAT ONE IS STILL OUT OF COMPLIANCE.
AND THE SECOND STRUCTURE IS, UH, 26 11 FRANCISCO STREET, WHICH IS IN THE PROCESS OF BEING DEMOLISHED BY THE CITY.
UM, THEY WERE IN THE PROCESS OF GETTING, I BELIEVE BIDS FOR AS FESTUS IN LEAD TESTING RIGHT NOW.
IS THAT CORRECT? MARLENA? SO WE ARE IN THAT PROCESS, BUT AT 26, 11 AND 2307 EAST FIFTH STREET ARE BOTH, UM, HAVE ALREADY HAD A LEAD AND ASBESTOS TESTING DONE.
WE'RE ACTUALLY, BOTH OF THESE PROPERTIES ARE TESTING VERY HIGH AND WE'RE WAITING AGAIN FOR THE ENGINEER TO REVISIT THE SITE.
IT'S REALLY GOOD TO GET THAT BACKGROUND INFORMATION ON IT.
AND I THINK THAT ACTUALLY IN MY MIND AT LEAST BRINGS UP ANOTHER QUESTION OF, DO YOU HAVE ENOUGH IN YOUR BUDGET TO COVER A TYPICAL YEAR OF DEMOLITIONS OR IS THAT SOMETHING WE SHOULD ALL BE LOOKING AT IN? SO, UM, AND, UH, ROBERT MOORE CAN ABSOLUTELY CHIME IN AFTER ME SO FAR.
THIS IS WE'VE BEEN ABLE TO SUBMIT OUR PROPERTIES AND MOVE FORWARD WITH WHAT WE HAVE WITH OUR BUDGET.
WE HAVE A $76,000 BUDGET FOR DEMOLITIONS.
WE ARE LOOKING FOR NON ABATEMENT CONTRACT RIGHT NOW, WHICH WILL INCLUDE SOMETHING THAT IS, UH, TESTING BELOW THE THRESHOLD OF THE LEAD AND ASBESTOS.
IF IT'S TESTING BELOW THE THRESHOLD, WE CANNOT MOVE FORWARD WITH OUR ABATEMENT CONTRACTS.
WE ARE LOOKING AT ADDITIONAL CONTRACTS TO ADDRESS THAT.
UM, BUT REALLY IT'S REALLY GONNA DEPEND ON HOW MANY DEMOS, DEMOLITIONS ORDERS WE GET.
WE GET FIVE DEMOLITION ORDERS IN ONE YEAR.
THEN WE MIGHT HAVE TO PRIORITIZE BASED ON THE PROPERTY.
THAT'S THE MOST DANGEROUS, PERHAPS IS THE MOST NEIGHBORHOOD BLIGHT, THE MOST CALLS TO APE, A CLOSE PROXIMITY TO A SCHOOL.
WE WOULDN'T, WE WOULD, UM, MOVE THOSE IN ORDERS FOR THAT.
THANK YOU TO, TO ANSWER QUESTION A LITTLE BIT FURTHER THOUGH.
WE TYPICALLY, WE DO HAVE THE FUNDS TO DEMOLISH ANYTHING WE NEEDED.
SO IT'S NOT A TYPICAL PROBLEM TO OKAY, GOOD TO KNOW, UNLESS WE GO DEMOLITION CRAZY WELL THAT, OR, YOU KNOW, WE, WE DID HAVE ONE THAT THERE'S NO WAY WE COULD HAVE DONE IT.
IT WOULD HAVE BEEN OVER A MILLION DOLLARS.
IT WAS A BIG, IT USED TO BE A HOTEL AND ALL THAT.
SO, UH, LUCKILY THAT GOT TAKEN CARE OF, BUT YEAH.
DO, UH, THE OTHER COMMISSIONERS HAVE ANY QUESTIONS AS FAR AS THE ANNUAL REPORT? YES.
A QUESTION ABOUT, UM, I KNOW THIS DOESN'T MENTION ON THE REPORT, THE REPEAT OFFENDER PROGRAM.
AND I THINK I SAW REPORTED EARLIER THIS MONTH THAT THE CITY IS EITHER CONSIDERING SUSPENDING THAT, THAT PROGRAM OR YOU'RE MAKING CHANGES WITH THAT.
AND I DIDN'T KNOW IF WE COULD GET AN UPDATE FROM SOMEONE WITH CODE ABOUT
[01:50:01]
THAT.UH, JUST SINCE IT'S A STATED GOAL OF THE COMMISSION.
UM, ANYWAY, MAYBE SOMEBODY COULD ADDRESS THAT.
WE COULD DEFINITELY GET SOMEONE TO GIVE YOU AN UPDATE ON WHAT'S GOING ON WITH IT.
I DON'T THINK IT'S GETTING SUSPENDED.
YOU MIGHT'VE HEARD SOMETHING ABOUT, UM, THE ROP PROGRAM MOVING FORWARD WITH SUSPENSIONS OF LICENSES.
SO MAYBE, MAYBE THAT KIND OF, YOU KNOW, I DON'T KNOW THE LAW, THE HOT WORD OR SOMETHING, BUT I CAN ABSOLUTELY GET SOMEONE NEXT MEETING TO GIVE YOU AN UPDATE.
UH, IT MAY HAVE BEEN THAT I MISREAD THE TITLE OF THE ARTICLE.
WELL, WE'LL, WE'LL CERTAINLY LOOK AT THAT ON FUTURE AGENDA ITEMS. I THINK THAT'S A GOOD IDEA THOUGH, JUST TO CHECK IN HOW THE PROGRAM, THANK YOU.
ANY OTHER QUESTIONS ON THE ANNUAL REPORT? OKAY.
I AM UNABLE TO MAKE A MOTION, BUT, UM, THE ANNUAL REPORT.
WE REALIZED THAT WE SHOULD CONTROVERSIAL.
I'LL SECOND THAT WE APPROVED THE DRAFT REPORT.
ANY MORE DISCUSSION OR SHALL WE GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF APPROVING THE ANNUAL REVIEW AS SUBMITTED BY STAFF SAY AYE.
UM, IT HAS BEEN APPROVED UNANIMOUSLY.
[6. Staff briefing regarding COVID-19 Impact on the Building and Standards Commission (BSC) Presenter: Robert Moore, Austin Code Department]
ITEM NUMBER SIX ON THE AGENDA.THE LAST ITEM IS A REPORT, UM, THAT IS GOING TO BE PRESENTED BY ROBERT MOORE ON COVID-19 IMPACT ON THE BSC.
AND THIS IS A STAFF BRIEFING THAT WILL BE IN THE FORM OF A PRESENTATION, VISUAL MANAGER, MORE YES.
DIVISION MANAGER, ROBERT MOORE, UH, GOOD COMMISSIONER QUESTIONS.
UM, THERE WAS A BUNCH OF TOSSED AROUND, BUT FROM THE GIST OF IT, WE GOT PRETTY MUCH HOW HAS COVID AFFECTED BSC OR EVEN THE CODE DEPARTMENT.
SO WE'VE COME UP WITH, UH, SOME UPDATES AND SOME INSIGHT ON WHAT WE'VE BEEN DEALING WITH DURING COVID.
AND JUST TO KIND OF GIVE YOU ALL AN IDEA AND HOPEFULLY THIS HELPS ANSWER THE QUESTION JUST Y'ALL HAD A, IF YOU COULD, NEXT SLIDE PLEASE.
SO WE'RE GOING TO DISCUSS THE FORMAL BOARD AND COMMISSION MEETING CHANGES DUE TO COVID-19.
WE'RE GOING TO INFORM THE COMMISSION ABOUT A FIELD INSPECTION IMPACT AND OPPORTUNITIES MOVING FORWARD.
AND THEN WE'RE GOING TO UPDATE YOU ON PERMITTING AND PLANNING REVIEW SERVICES DURING COVID-19 NEXT SLIDE PLEASE.
SO SINCE MARCH 16TH TO 2020, THE CITY HAS BEEN ALLOWED TO OPERATE THROUGH THE GOVERNOR'S DISASTER DECLARATION FOR TEXAS TEMPORARILY SUSPENDING A CERTAIN MEETING REQUIREMENTS AND THE TEXAS OPEN MEETING ACT TOMA.
THE GOVERNOR MOST RECENTLY RENEWED THE DECLARATION ON JULY 10TH, 2020.
AND IN ADDITION, MAYOR ADLER ALSO ORDERED A LOCAL DISASTER DECLARATION FOR BOC MEETING PROCESSES.
AND IF YOU WANT TO LOOK IT UP, IT WAS TWO DASH ONE DASH SIX E.
UH, SO THE GOVERNOR'S DECLARATION AND MAYOR'S ORDER ALLOW FOR TELEPHONIC AND VIDEO CONFERENCE MEETINGS IN ORDER TO AVOID IN-PERSON MEETINGS, SUBJECT TO CHANGE, UH, BECAUSE OF THE DECLARATION, NO CITIZEN COMMUNICATION IS ALLOWED DURING THE TELEPHONIC OR VIDEO CONFERENCE MEETINGS.
SO BASICALLY THE CHANGES THAT THE GOVERNOR HAS MADE HAS ALLOWED US TO DO WHAT WE'RE DOING, UH, EVERY MONTH THAT IS SUBJECT TO CHANGE.
SO WE KIND OF HAVE TO PLAN THESE MEETINGS AND, AND, AND HOPE THAT THEY GO THROUGH.
AND IF FOR SOME REASON, SOMETHING CHANGED, THEN WE WOULD HAVE TO CANCEL JUST SO Y'ALL ARE KIND OF AWARE, UH, ON HOW SHORT NOTICE THINGS MAY HAPPEN.
UH, BUT IT'S LOOKING GOOD SO FAR AND WE'RE JUST WILLING TO TAKE THAT RISK.
[01:55:01]
UM, NEXT SLIDE PLEASE.SO ON OUR FIELD SIDE, UM, YOU KNOW, THE EMERGENCY ORDER VIOLATION COVID CASES BECAME OUR MAJOR FOCUS, YOU KNOW, PRETTY MUCH IN MID MARCH, WE WERE RAMPED UP FOR PACE, UH, TO, YOU KNOW, TO WORK SOUTH BY SOUTHWEST.
AND THEN WE TOTALLY GOT REROUTED, UH, TO ADDRESS THIS PANDEMIC.
AND SO, UM, ACD COLLABORATED WITH AUSTIN THREE ONE, ONE AUSTIN POLICE DEPARTMENT AND THE FIRE DEPARTMENT.
UH, WE SET UP A PACE ROOM, UH, AT THE ACD OFFICES AND CREATED A DISPATCH TEAM, EMERGENCY OPERATIONS MANAGEMENT TEAM AND A PACE FIELD RESPONSE TEAM.
UH, AT ONE POINT WE WERE RECEIVING UP TO 200 COMPLAINTS PER DAY, UH, JUST COVID RELATED, UM, AND YOU KNOW, THE COMPLAINTS, UH, PRETTY MUCH CONSISTED OF SOCIAL DISTANCING FACE MASK AND CONSTRUCTION SITE VIOLATIONS.
UM, SO THEN WE, WE HAD TO LIMIT OUR INTERIOR INSPECTIONS, UH, FOR THE SAFETY OF OUR INSPECTORS AND TENANTS.
WE, UH, WE'RE NOT GOING INSIDE UNITS RIGHT NOW, CURRENTLY, UNLESS THERE IS AN EMIRATE, AN IMMINENT THREAT.
UH, SO THIS COULD CAUSE THE WAY IT WOULD AFFECT VSC IS, COULD CAUSE A LULL IN CASES.
UM, WE'RE LOOKING A LITTLE THIN ON THE NEXT MEETING.
UH, WE MIGHT BE ABLE TO PULL IT TOGETHER AND GET, YOU KNOW, ANOTHER FOUR OR FIVE IN FRONT OF YOU.
UM, SO TO BE DETERMINED, UH, BUT THIS COULD AFFECT US.
UH, BUT THE OPPORTUNITY IN THIS IS, UM, A VIRTUAL INSPECTION PROCESS HAS BEEN VETTED AND IS NEAR COMPLETION.
UM, THIS WILL SIGNIFICANTLY IMPACT ACD SERVICES AND POSSIBLY MAKE THE WHOLE INSPECTION PROCESS MORE EFFICIENT THAN PRE COVID.
UM, SO WE'RE LOOKING INTO THAT.
WE'VE KIND OF VETTED IT AND WE'RE READY TO PURSUE THAT, UH, UH, VIRTUAL INSPECTIONS.
SO, UH, REGARDING ON THE PERMITTING SIDE, YOU KNOW, SO YOU ALL ARE MORE INFORMED WHEN YOU DO MAKE YOUR DECISIONS.
UM, ALL COMMERCIAL, RESIDENTIAL, REGULAR, AND IN PERSON SERVICES ARE STILL OFFERED ARE NOW VIRTUAL AND ONLINE.
UH, THIS INCLUDES PERMIT APPLICATIONS, PLAY INTERVIEWS, EXPEDITED PERMITS, QUICK TURNAROUND TIMES AND ONE HOUR PAID CONSULTATIONS, UH, FOR PLAN REVIEWS AND THEIR WEBSITE HAS BEEN UPDATED TO PROVIDE THIS INFORMATION.
SO BASICALLY IN A NUTSHELL, UH, WE'RE STILL UP AND RUNNING.
PEOPLE CAN GET PERMITS, PEOPLE CAN GET PLAN REVIEWS.
UM, WE HAVEN'T SKIPPED A BEAT.
AND THAT IS THE END OF MY PRESENTATION.
AND I'VE GOT ANY, UH, I CAN ANSWER ANY QUESTIONS REAL QUICK.
I ASKED MS. ALLIE LAST MONTH TO, TO TRY TO PUT SOMETHING TOGETHER OR IDEAS, BUT THERE'S A VERY WELL DONE PRESENTATION.
YOU GUYS REALLY DID A LOT OF FOCUS ON WHAT YOU, WHAT, UH, THE IMPACT IS TO DO A LOT OF DISASTER PLANNING AND MY DAY JOB.
AND YOU GUYS PULLED UP, UM, A GOOD PRESENTATION.
AND ON TOP OF, ON TOP OF THE PRESENTATION, I JUST AM SO APPRECIATIVE OF EVERYTHING THAT CODE AND A LOT OF CITY DEPARTMENTS HAVE BEEN ABLE TO DO ON A QUICK PIVOT.
I DO HAVE ONE QUESTION THIS HAS TO DO WITH THE, UM, MASTER DECLARATION.
AND YOU MENTIONED THAT YOU ALL PREPARE FOR THESE MEETINGS EVERY MONTH, BUT THERE'S A POSSIBILITY THAT THIS COULD CHANGE, YOU KNOW, VERY QUICKLY.
IF THE MAYOR WE'RE A LITTLE BIT ABOUT THE CONTINGENCY PLANS OR WHAT WILL HAPPEN AS SOON AS THE STATE LETS THE DISASTER DECLARATION GO.
UM, COULD YOU POSSIBLY TALK ABOUT THAT A LITTLE BIT AND ASYLEE, IT REALLY DEPENDS ON WHAT THE DEBT, WHAT CHANGES.
WE DON'T KNOW WHAT THAT WOULD BE.
UM, I WAS TOLD BY THE CITY CLERK'S OFFICE THAT WHEN THE LAST DISASTER DECLARATION WAS DUE TO EXPIRE, ALTHOUGH IT WAS RENEWED, THEY THOUGHT THAT IT POSSIBLY MIGHT MEAN THAT THAT YOU AND THE VICE CHAIR WOULD HAVE TO ATTEND IN PERSON AND THAT WE MIGHT HAVE TO ALLOW FOR PUBLIC PARTICIPATION AT THE MEETINGS, BUT THEN THE REST OF THE ATTENDEES COULD BE VIRTUAL.
UM, IT WOULD REALLY DEPEND ON WHAT, WHAT HAPPENED IN THE DECLARATION AND WHAT THE MAYORS, HOW HE RESPONDED TO THAT.
SO, UM, THAT WAS JUST A BEST GUESS THAT THE CITY CLERK'S OFFICE CINTAS, THEY SAID THEY DIDN'T KNOW.
WE ALSO WERE NOT SURE IF WE WOULD BE ABLE TO NOTICE OUR NEXT MEETING, IF THE NOTICES WENT OUT PRIOR TO THE EXPIRATION.
[02:00:03]
UM, I DID ASK THE CLERK'S OFFICE ABOUT THAT THIS PAST MONTH BECAUSE IT EXPIRES AGAIN IN AUGUST AND SHE SAID, SHE THOUGHT WE SHOULD BE ABLE TO CONTINUE TO HAVE OUR MEETING, EVEN IF THE RULES CHANGED AFTER OUR NOTICES WENT OUT.DOES THAT MAKE SENSE? THAT DOES MAKE SENSE.
IT SEEMS LIKE IT JUST MIGHT POSSIBLY AFFECT HOW PROPERTY REPRESENTATIVES COULD PARTICIPATE.
UM, IT REALLY WOULD DEPEND ON WHETHER THEY MAY BE ABLE TO APPEAR IN PERSON.
ANY OTHER COMMENTS OR QUESTIONS FROM THE COMMISSION? ALL RIGHT.
WELL, THANK YOU VERY MUCH, ROBERT.
[FUTURE AGENDA ITEMS]
TO FUTURE AGENDA ITEMS. SO JESSICA WAS THAT YOU WOULD LIKE TO REQUEST A, AN UPDATE ON THE REPEAT OFFENDER PROGRAM.IT DOESN'T HAVE TO BE ANYTHING ELABORATE, BUT I THINK IT WOULD JUST BE NICE TO GET WHATEVER THE LATEST INFORMATION IS ON THE STATUS OF THE PROGRAM.
AND THEN WE HAVE A CONTINUED CASE.
THAT'S NOT UNTIL SEPTEMBER, CORRECT? WE CAN BARELY YOU AGAIN, MISS ELLIE CONTINUED CASE GOING TO SEPTEMBER.
THE CASE THAT SEVEN ZERO ONE ZERO CAR WILL DRIVE.
IS THERE ANYTHING ELSE YOU'D LIKE TO ADD TO THE FUTURE AGENDA? OH, WE DID HAVE THE ONE CASE REQUEST THAT CAME VIA EMAIL.
AND WE DID GET ENOUGH RESPONSES.
I DID GET ENOUGH RESPONSES, SO I HAVE RESPONDED TO THE OWNER AND I LET HER KNOW THAT THAT CASE WOULD BE ADDED TO THE AGENDA IN AUGUST.
I CAN'T THINK OF ANYTHING ELSE TO ADD, HEARING ANYTHING FROM OTHER COMMISSIONERS.
OR LET THE RECORD REFLECT THAT THE TIME IS 8:35 PM AND YES.
I WANT TO SHARE YOUR BASEBALL MEMORABILIA.