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[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.

MY NAME IS ANDREA FREIBERGER.

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.

THANK YOU, JESSICA.

MANGRUM I'M HERE.

THANK YOU, NATALIA.

SHUT-IN I'M HERE.

GREAT.

JOHN GREEN, JOHN GREEN.

DON'T SEE HIM ON THE LIST.

SO PERHAPS HE WILL JOIN US LATER.

TIMOTHY'S STILL STEAD I'M HERE.

WONDERFUL JAMES.

WONDERFUL.

HERE.

THANK YOU, EDGAR.

FERERA HERE.

GREAT.

ELIZABETH MILLER.

I DON'T SEE ELIZABETH PRESENT.

SO PERHAPS SHE WILL JOIN US LATER IS FREIBURG WORDY THOMPSON.

GREAT.

THOMAS VOKE.

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.

PRESENCE.

GOOD.

THANK YOU.

AND DO WE HAVE BRANDON CARR? OUR ASSISTANT CITY ATTORNEY? YES, I'M HERE.

GREAT.

OKAY.

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.

OKAY.

NO PROBLEM.

THANKS JAMES.

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.

OKAY.

THANK YOU, MISS ALLIE.

YOU'RE WELCOME.

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.

THANK YOU.

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.

I WILL READ OUT THE OATH.

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.

THANK YOU CHAIR.

GOOD EVENING.

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.

UM, AND BEFORE WE MOVE ON

[APPROVAL OF MINUTES]

TO THE CASES I'D LIKE TO, UH, GO AHEAD AND APPROVE THE LAST MONTH'S MINUTES.

YEAH.

THANK YOU.

YES.

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'M SURE.

YES.

I LET HIM MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED.

I'LL SECOND THE MOTION.

OKAY.

THANK YOU.

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.

AYE.

ANY OPPOSED? I'M GOING TO ABSTAIN SINCE I WASN'T THERE.

OKAY.

I'M SORRY.

WHO IS THAT? THAT'S ABSTAINING AND TALIA.

SHEDDEN ALRIGHT, THANK YOU, COMMISSIONER.

SHEDDEN ALRIGHT.

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.

PLEASE PROCEED.

[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 DASH ZERO ZERO ONE FOUR NINE ONE.

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.

GOOD EVENING COMMISSIONERS.

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.

OVER THE NINE YEARS.

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. PROPERTY AT ONE ONE THREE ONE ONE WALNUT, RICH CHRIST, SAVING THE VIOLATIONS, REMEDY AND TIMELINES FOR COMPLIANCE.

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.

OKAY.

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.

THE GRASS IS CUT.

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.

AH, THANK YOU.

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.

THANK YOU, INVESTIGATOR.

RIGHT.

SO IS IT CORRECT THAT WE DO NOT HAVE ANY REPRESENTATIVES FROM THE PROPERTY WITH US TONIGHT? THAT IS CORRECT.

OKAY.

THANK YOU.

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.

GO AHEAD.

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.

OKAY.

I THANK YOU VERY MUCH.

THAT'S IT.

I'D LIKE TO GO AHEAD AND MAKE A MOTION UNLESS THERE'S FURTHER DISCUSSION.

GO AHEAD.

OKAY.

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.

OKAY.

HEARING NONE.

I WILL GO AHEAD AND CALL THE QUESTION.

SO ALL IN FAVOR

[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.

RIGHT?

[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 FOUR ZERO TWO NINE SEVEN.

AND IS REGARDING THE PROPERTY LOCATED AT 72 16 VIDOR AVENUE STOP EXHIBIT THAT'S RIGHT? YES.

SORRY TO INTERRUPT.

DO WE HAVE ANY PROPERTY REPRESENTATIVES FOR THIS CASE? I BELIEVE WE DO.

OKAY.

CAN WE CHECK AND MAKE SURE THAT THEY ARE ACTUALLY ON THE LINE? OKAY.

YES.

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.

YES.

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.

READY TO GO.

WHEN, WHEN WE WERE DONE READING THE EVERYTHING INTO THE RECORD.

OKAY.

RIGHT.

THANK YOU.

PERFECT.

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.

PLEASE BEGIN YOUR TESTIMONY.

THANK YOU.

CAN EVERYBODY HEAR ME? OKAY.

WE CAN HEAR YOU.

THANK YOU.

GOOD EVENING, COMMISSIONERS.

MY NAME IS ALISA .

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 STRUCTURE THAT IS CURRENTLY VACANT AND HAS BEEN FOR APPROXIMATELY TWO TO THREE YEARS.

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.

FAILING GROUPS, JOIST AND EXTERIOR WALLS ON THE RIGHT REAR SIDE OF THE STRUCTURE TO F SHOWS THE DETERIORATION AND FAILURE.

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.

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.

THANK YOU, MS. WRIGHT.

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.

THANK YOU, MR. GREEN.

OKAY, THEN WE'LL GO AHEAD AND HEAR FROM THE PROPERTY REPRESENTATIVES.

DO WE HAVE JULIA JULIA KUGLEN ON THE LINE? YES.

GOOD EVENING.

GOOD EVENING.

MY NAME IS JULIA KUGLEN.

I'M AN ATTORNEY REPRESENTING JOHN HENRY FLETCHER, WHO IS THE MAJORITY OWNER OF THE PROPERTY AT 72 16 METTA.

UM, MR. FLETCHER

[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.

AND HE'S PREPARED TO DO THAT.

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.

THANK YOU.

THANK YOU.

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.

OKAY.

THANK YOU.

OTHER COMMISSIONERS, ANY QUESTIONS FOR JULIE KUGLEN? OKAY.

THANK YOU, MS. COUPLAND.

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.

WE BOTH HAVE HERE ARE HERE.

SO THE MAIN, YES, I DO.

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.

THIS IS THE CHAIR AGAIN.

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.

OKAY.

THANK YOU.

WHAT I SAID IF I HAD IT PROBABLY WITH IT.

THANK YOU.

DO YOU HAVE ANYTHING ELSE TO ADD? NO.

MA'AM.

THANK YOU.

THANK YOU.

OKAY.

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.

SO WE HAVE TWO OWNERS.

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.

I MISSED SOMETHING.

MY UNDERSTANDING IS THERE ARE MULTIPLE OWNERS, RIGHT? 11 RYAN.

WE MIGHT BE DOWN TO JUST 11.

I'M NOT ENTIRELY CLEAR ON THAT.

PERHAPS STAFF COULD CLARIFY.

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.

OKAY.

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.

OKAY.

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.

OKAY.

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.

IT IS DONALD PAL.

THIS IS ALL THE QUESTIONS WE HAD TO ASK.

OKAY.

OKAY.

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? OKAY.

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.

UNFORTUNATELY,

[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.

OKAY.

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.

OKAY.

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.

THANK YOU.

SO AGAIN, NO OBJECTION TO THE CITIES, IF WE CHOOSE TO, IN ORDER TO DEMOLISH THE STRUCTURE, NO OBJECTION TO THAT.

NONE AT ALL.

I'VE BEEN ABLE TO HELP YOU WITH THE PROCESS FOR HOW MR. FLETCHER WAS ABLE TO GAIN 80% OWNERSHIP.

YEAH.

WHAT I'LL DO.

YEAH.

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.

I'M STILL ON THE LINE.

YES.

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 YES.

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.

THERE'S A COMPANY.

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.

AND THAT'S WHY WE 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.

OKAY.

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%.

YES, THAT'S CORRECT.

AND THAT IS SHOWN IN THE DEED RECORDS.

OKAY.

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 ANDREA.

I THINK WE'RE, WE'RE GETTING A LITTLE OFF FOCUS HERE, PERHAPS WHERE WE ARE.

THANK YOU, MISS, RIGHT.

UM, YES.

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.

ABSOLUTELY.

THEY WOULD MAKE SURE THAT THE PLUMBING PERMIT WAS OBTAINED AND ALL THE LINES.

YEAH.

BOTH THOSE PERMITS WERE, WERE CLOSED.

YES.

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.

UH, INSPECTOR TOURISM.

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.

OKAY.

THANK YOU.

RIGHT.

SO DO COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR THE PROPERTY REPRESENTATIVES THAT WE HAVE ON THE LINE? NO.

OKAY.

SO I APPRECIATE IT.

AND I THANK YOU.

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.

OKAY.

THANK YOU.

SO WE ARE TRYING TO ADOPT STAFF'S PROPOSED ORDER FINDING SOME FACT AND PROPOSED ORDER TO DEMOLISH THE PROPERTY WITHIN 45 DAYS.

SECOND.

THANK YOU.

ANY DISCUSSION AMONG THE COMMISSIONERS? OKAY.

ALL IN FAVOR OF ADOPTING STAFF'S PROPOSED ORDER.

OH, I'M SORRY, MR. ABILA YES, PLEASE.

GO AHEAD.

OKAY.

ALL IN FAVOR OF ADOPTING STYLES, PROPOSED ORDERS SAY AYE, OR RAISE YOUR HAND ANY OPPOSED.

OKAY.

HEARING NONE.

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.

THAT'S RIGHT.

OKAY, GREAT.

THANK, THANK YOU EVERYBODY.

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.

THANK YOU.

THANK YOU, MELANIE.

AND JAMES, DO WE HAVE A, IT LOOKS LIKE PERRY CLARK.

READY TO GO.

AFTER I READ EVERYTHING IN THE RECORD, UH, ADMITTED TO THE CALL.

PERFECT.

OKAY.

I'M GOING TO READ EVERYTHING IN THE RECORD AND THEN WE CAN MOVE FORWARD WITH THE PHONE CALL.

THANK YOU.

OKAY.

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.

SURE.

GOOD EVENING COMMISSIONERS.

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.

I BELIEVE.

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.

UM, PHOTO TWO B IS THE FRONT

[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.

ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS TWO EIGHT, THREE, TWO L 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 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.

THANK YOU, MS. RIGHT.

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.

HEARING NO ONE.

UM, MR. CORK PERRY CLERK ARE ON THE LINE.

PLEASE BEGIN.

HELLO? CAN YOU HEAR ME PRETTY GOOD? YES, WE CAN.

THANK YOU.

YES.

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.

I'M NOT MAKING EXCUSES.

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'M THANKFUL FOR THAT.

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.

THAT'S NOT GONNA HAPPEN.

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.

SO THAT'S MY 2 CENTS INTO IT.

HELLO? OKAY.

ANYTHING ELSE? MR. CLARK? ALRIGHT.

UH, FELLOW COMMISSIONERS.

UM, DO YOU HAVE QUESTIONS FOR MR. CLARK OR, AND OR FOR CITY STAFF? I HAVE A QUESTION FOR OFFICER LUCAS.

YES MA'AM.

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.

OH, OKAY.

I'M SORRY.

YOU GUYS, I DON'T MEAN IT.

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.

THANK YOU, MR. CLARK.

I JUST ASSUMED YOU WERE FINISHED.

NO, NO, NO, NO.

I'M SORRY.

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.

OKAY.

THANK YOU.

NOPE, NO WORRIES.

WE'RE ALL, WE'RE ALL FLEXIBLE DURING THIS STRANGE TIME.

OKAY.

OKAY.

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.

IS THAT CORRECT? CORRECT.

MY OPINION AT THIS MOMENT.

YES.

OKAY.

THANK YOU, FELLOW COMMISSIONERS, COMMISSIONER.

I HAVE ONE QUESTION FOR MR. CLARK.

YES, MA'AM.

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'M SORRY.

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.

I JUST SAID, THANK YOU.

THAT'S GOOD ENOUGH.

OKAY.

THANK YOU.

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.

OKAY.

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.

OKAY.

I'M BACK ON NOW.

YES.

I HAD THE SAME CONCERNS.

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.

I'M SORRY.

I'M OUT OF WATER.

I APOLOGIZE.

OKAY.

ACTUALLY, WE HAVEN'T OFFICIALLY CLOSED THE PUBLIC HEARING, SO, UM, I'M NOT SURE YOU WERE OUT OF ORDER, BUT THANK