[00:00:04]
[CALL TO ORDER]
GO AHEAD.I'M GOING TO CALL THE BUILDING AND STANDARDS COMMISSION MEETING, HEARING TO ORDER FOR AUGUST 26TH OF 2020.
LET THE RECORD REFLECT THAT THE TIME IS 6:59 PM.
UH, MY NAME IS ANDREA FREIBERGER.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION, AND I'M GOING TO GO AHEAD AND CALL ROLL CALL TONIGHT FOR THE OTHER COMMISSIONERS THAT ARE PRESENT TONIGHT.
SO WHEN I CALL YOUR NAME, PLEASE UNMUTE YOURSELF AND STATE YOUR NAME.
WE'RE HAVING SOME TECHNICAL DIFFICULTIES TONIGHT, BUT WE'LL GET THROUGH IT.
SHEDDEN JOHN GREEN, JOHN GREEN, JAMES
EDGAR VERA ELIZABETH MILLER, PRESENT 40 THOMPSON.
AND DO WE HAVE FIRE CHIEF THOMAS FOCI ON THE LINE? HE'S ABSENT.
UM, OH, THERE'S TWO MS. RIGHT? EXACTLY.
THERE'S AN ECHO THAT WE CAME HERE.
SHE WOULD BE CALLING IN CASES.
UM, I JUST WANT TO REMIND YOU OF THE OPENING STATEMENT.
OH, I WAS GOING TO READ THROUGH, THERE IS NO CITIZENS COMMUNICATION ALLOWED AT THE VIRTUAL MEETING.
THIS APPLIES TO ALL OF THE CITY BOARD, THE COMMISSION.
BEFORE WE GO ON TO THE CASES, CAN WE MOVE AHEAD AND APPROVE THE MINUTES FROM LAST MONTH MEETING CHAIR? UH, WE CAN, I THINK I NEED TO READ THROUGH A FEW OTHER ITEMS THOUGH.
AFTER
SHOULD YOU NEED TO REVIEW THEM? IS ANYBODY ABLE TO HEAR ME OF MS? RIGHT? WE CAN HEAR YOU.
CAN YOU HEAR ME? CAN YOU HEAR MARLENA? MARLENA? CAN YOU HEAR MS. MS. FRYBERGER THAT CHAIR CAN HEAR HER MARLENA.
CAN YOU HEAR CITY HALL? SHE'S NO LONGER CAN YOU CAN Y'ALL HEAR ME.
SO WE CAN HEAR MS. RIGHT, BUT APPEARS THAT SHE CAN NOT HEAR US.
NOW I THINK YOU'RE INVOLVED NOW, BUT I'M GETTING REALLY, THIS IS THE CHAIR.
I'M GOING TO GO AHEAD AND COMPLETE THE OPENING STATEMENT AND THEN, UM, WE WILL HAVE MISS RIGHT, UM, AGAIN, TO CALL CASES AND THE APPROVAL OF THE MINUTES.
SO TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER, UM, I BELIEVE IT IS FOUR CASES.
UH, TYPICALLY WE WOULD CONSIDER THIS IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA TONIGHT, WE WOULD LIKE TO ACTUALLY BEGIN WITH CASE NUMBER WITH ITEM NUMBER TWO.
[00:05:01]
DO THE NEW CASES FIRST.AND THEN WE WILL DO THE RETURNING CASE.
AFTER THE NEW CASES, 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, AS THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLEY, AUSTIN CODE INVESTIGATOR, INVESTIGATOR MARLENA, RIGHT? AS WE'VE ALREADY SPOKEN WITH HER, SHE WILL CALL EACH CASE ON THE AGENDA.
AND BEFORE FOR THIS MEETING, BEFORE THE CASES ARE CALLED, UH, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER PUBLIC COMMENT ABOUT THE CASES ON THE AGENDA.
ACTUALLY, I NEED TO BACKTRACK BECAUSE MS. RICE HAS ALREADY TOLD US THAT THERE, THERE IS NO ONE HERE TO OFFER PUBLIC COMMENT.
BUT WHEN EACH CASE IS CALLED, THE CHAIR WILL ASK IF THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY ARE PRESENT ON THE LINE AND THEN INVESTIGATOR RIGHT WILL PRESENT THE CITY'S EVIDENCE AND WITNESSES.
AFTER EACH CITY WITNESS TESTIFIES THE PROPERTY REPRESENTATIVE OR PROPERTY OWNER OR THEIR ATTORNEY MAY ASK THE WITNESSES.
ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, THE PROPERTY OWNER WILL HAVE AN OPPORTUNITY TO PRESENT THEIR WITNESSES AND EVIDENCE.
IT WILL BE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
AND I'M ASSUMING OUR DESIGNATED DESIGNATED TIME KEEPER THIS EVENING PM REPRESENTATIVE.
I'M GOING TO HAVE TO ASK YOU TO HOLD OFF FOR JUST A SECOND WHILE I PATCH OVER THE CITIZENS WILL DO.
WELCOME TO THE AUDIO CONFERENCING CENTER.
PLEASE ENTER A CONFERENCE ID FOLLOWED BY POUND.
IF YOU'RE THE MEETING ORGANIZER, PRESS STAR.
NOW, PLEASE WAIT FOR THE LEADER TO ADMIT YOU TO THE MEETING.
YOU'RE NOW JOINING THE MEETING.
SO OUR DESIGNATED TIME OR DESIGNATED TIME KEEPER THIS EVENING WILL BE OUR CTM REPRESENTATIVE.
UM, AFTER THE PROPERTY OWNER HAS PRESENTED THEIR WITNESSES INVESTIGATOR, RIGHT? MAY ASK YOUR WITNESSES QUESTION ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAS PRESENTED EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS OF ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
THE DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.
SO WE'LL DO THE OATH A LITTLE BIT BACKWARDS TONIGHT.
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.
AND WHAT I WILL DO IS AFTER I REPEAT THE OATH, IF ANYONE DOES NOT AGREE, PLEASE UNMUTE YOURSELF AND LET US KNOW.
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 I DO.
AND IF ANYONE DISAGREES, PLEASE LET US KNOW.
IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
I'M THE INVESTIGATOR, RIGHT? ARE YOU BACK WITH US? OKAY.
DO WE KNOW IS MARLENA RIGHT ON THAT? BACK ON THE LINE.
MS. MARLENA, ARE YOU AVAILABLE? I AM
[00:10:05]
INVESTIGATOR, RIGHT.WOULD YOU LIKE TO PROCEED WITH THE AGENDA AS PREVIOUSLY MENTIONED? WE WILL.
WE WILL MOVE ITEM NUMBER ONE TO, UH, WHAT WE'LL, WE'LL HEAR ITEMS NUMBER TWO AND THREE BEFORE ITEM NUMBER ONE.
[APPROVAL OF MINUTES]
SO LET'S MOVE ON TO THE APPROVAL OF THE MINUTES.IS THAT OKAY, CHAIR? YES, PLEASE.
I WOULD LIKE TO MOVE ON TO THE APPROVAL OF THE MINUTES FROM THE JULY 22ND, 2020 MEETING.
A COPY OF THE MINUTES IS IN THE GOOGLE GOOGLE DOCS FOLDER.
SHOULD YOU NEED TO REVIEW THEM? I'LL MAKE A MOTION THAT WE APPROVE THE MINUTES.
SO WE HAVE EMOTION THEN THE SECOND TO APPROVE THE MINUTES FOR THE JULY 22ND, 20, 20 REGULAR MEETING.
ALL THOSE IN FAVOR, PLEASE SAY, AYE.
ANY OPPOSED ANY I WAS GOING TO ASK? THERE IS ONE INSTALLATION.
LIZ MIELE, OR I ABSTAINED SINCE I WASN'T PRESENT.
WOULD YOU LIKE TO PROCEED? YES.
UM, SO AS I MENTIONED BEFORE, WE DON'T HAVE ANY CITIZENS COMMUNICATION.
[2. Case Number: CL 2020-116245 Property address: 3606 Thompson Street / Owner: 3606 Thompson LLC Staff presenter: Khary Dumas, Austin Code Department Staff recommendation: Repair residential and accessory structures]
CALLING THE CASES ON THE AGENDA.I'M STARTING WITH ITEM NUMBER TWO.
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBERS FEEL 2021, ONE SIX TWO FOUR FIVE.
AND REGARDING THE PROPERTY LOCATED AT 36 ZERO SIX THOMPSON STREET, STOP EXHIBITS CAN BE FOUND IN THE TILL BOOK IN THE GOOGLE DOC, GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING A RESIDENTIAL PROPERTY WITH ONE PRIMARY AND THREE ACCESSORY STRUCTURES THAT HAVE UNSAFE CONDITIONS THAT REQUIRE REPAIR.
THE PRIMARY STRUCTURE IS CURRENTLY OCCUPIED, AND IT'S NOT HOMESTEADED IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT, THE CASE HISTORY, A COPY OF THE TRAVEL CENTRAL PLAYFUL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTING A FIRE REPORT.
AND ENGINEER'S REPORT OF LIFTING ASSESSMENT FOR THIS PROPERTY, AS WELL AS THE INTERNET, AS THE ROOM RENTALS AND EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS TWO EIGHT THREE TWO TWO IN THE LAST WEEK CODES RECOMMENDED ORDER ASTON CODE INSPECTOR KYRIE DUMAS IS ASSIGNED TO THIS CASE.
INSPECTOR DENNIS WILL PRESENT THE PHOTOGRAPHS MARKED TWO WAY THROUGH TO QUEUE AND DISCUSS THE VIOLATIONS IS THEY ARE DEPICTED IN THE PHOTOGRAPH, INSPECTED HUMAN.
CAN YOU GUYS HEAR ME? YEAH, I THINK PLEASE, MR. DUMAS, BUT EVEN THE COMMISSIONERS FOR THE RECORD, MY NAME IS KYRIE DUMAS.
I'M DAKOTA, THE ASSIGNED TO THIS CASE AS ABOUT TOTAL 17 2019, THE PROPERTY BEING PRESENTED IN THE ONE STORE RESTRUCTURED ON PERIODS AND BEING WAS SAT IN A GABLE RUBEN, AND THERE'S THREE ASSESSORS STRUCTURES IN THE REAR PROPERTY THAT HAS NOT BEEN MAINTAINED.
THE PROPERTY HAS BEEN UTILIZED AT SOME SORT OF LODGING ESTABLISHMENT.
SO IT ALL LONG TERM, THE PRIMARY STRUCTURE WAS A TWO BEDROOM RESIDENTIAL PROPERTY CONVERTED INTO TIM SLEEPING AREAS WITHOUT PROPER PERMIT.
LEGAL NOTICE WAS SENT TO ALL LEGAL CORRIDORS AND HAS BEEN POSTED ON THE PROPERTY.
ALL MY CONTACT HAS BEEN THROUGH A COORDINATE, THE BUYER WHO STATED SHE'S REPRESENTING THE OWNER UNTIL 1820, 19 AND SPECI.
I OBSERVED MULTIPLE IPMC VIOLATION EXTERIOR TO THE MAIN XX RESTRUCTURE.
THE MAIN STRUCTURE HAS BEEN CONVERTED.
FAULTY FOUNDATION, NO SMOKE DETECTORS, CARBON DIOXIDE.
THE TEXT IS IN THE ROOM WITHOUT THE KITCHEN FLOOR IS SLOPING IN A WALL IS BUTTON OCTOBER 29TH, OCTOBER 21ST, 2019 INSPECTED ALONG WITH AFD, LIEUTENANT ADA PADILLA, THE DHEA ALSO SUBMITTED A FIRE REPORT POINTED OUT THE ROOF WAS SLOPING OCTOBER 24, 2019.
I SPOKE WITH COURTNEY WHO STATED SHE WOULD BE THE POINT OF CONTACT AND ALL REPAIRS WOULD BE STARTING NOVEMBER 21ST.
I RECEIVED AN ENGINEER'S REPORT AND A ROOF AND ASSESSMENT.
THE ENGINEER'S REPORT STATED THE SLAB IN THE BEAM IS STRUCTURALLY SOUND BUT RECOMMENDED EVER EVERY FALL.
2019 FOLLOWUP WALKED THROUGH WITH COURTNEY.
SOME THINGS WERE ADDRESSED, BUT NO OTHER PENDING
[00:15:01]
OR ACTIVE PERMIT REMEDIES TO VIOLATE THAT VIOLATION.THE LAND USE OF WORK WITHOUT PERMIT FOUNDATION OR ROOF HAS BEEN REPAIRED, NEW VIOLATION I'VE WITHOUT OBSERVED, ET CETERA, RESTRUCTURE EXPOSED, ELECTRICAL WIRES, ALL TO ELECTRICAL CONNECTIONS AND DAMAGED FLOORING AND WALLS ONLY STATED THAT THE OWNER HAS NO INTENTION ON REPAIRING THESE ET CETERA, RESTRUCTURES OR ANY OF THE VIOLATIONS DUE TO NOT UTILIZE THEM.
AS I EXPLAINED TO COURTNEY, WHY THESE REPAIRS AFTER THE INSPECTION, I EXPLAINED COURTNEY THAT THE NEXT STEP WILL BE MISSING FEBRUARY 7TH.
ANOTHER NOTICE OF VIOLATION WAS SENSITIVE, BUT NEW VIOLATION AT THE PRESENT PRESENT DAY I'LL REMAIN IN VIOLATION ON THE PREMISE HAS NOT BEEN RECTIFIED NOR ANY ATTEMPTS TO REMEDY.
I'VE HAD NO OTHER COMMUNICATION WITH THE ON AND OFF.
UM, THE FOLLOWING, THE FOLLOWING DATE AND TIMESTAMP PHOTOS TO PICK THE SIDE OF VIOLATIONS FOUND FROM THE INITIAL FOLLOWUP INSPECTION AND ONGOING SITE.
AND THIS IS GOING TO BE TWO EIGHT, TWO, TWO Q.
UM, SO A IS GOING TO BE A, OKAY.
SO TWO A IS GOING TO BE A CONTEXTUAL PHOTO OF THE FRONT OF THE PROPERTY TO B TO B SHOWS ONE OF THE BEDROOMS, WHICH THE WINDOW IS STILL, AND IT'S NOT ASSESSABLE FOR EGRESS MOVE TO, TO C TO C SHOWS THE NEGLECTED DAMAGED CONCRETE SLAB IS FULL.
THE ELEMENTS OF NATURE MOVE TO, TO D TO D TO E IS GOING TO BE A CONTEXTUAL PHOTO OF THE ASSESSMENT STRUCTURE, UM, SHOWING, UM, THE ROOF AND EXPOSED SIDING ON THESE PROPERTIES AS WELL TO, TO F TO F IS GOING TO SHOW DAMAGE SIDING AND FACET PATIENT OR MOVE TO K TO G TO G IS SHOWING THE, THE DAMAGED ROOF STAFFING INSIDE.
AND THAT'S GOING TO BE TWO AFTER TWO, I MOVED TO THE NEXT ONE.
THAT'S THE DAMAGED ROOF AS WELL.
UM, SO TWO JAY IS GOING TO SHOW THE EXPOSED ELECTRICAL WIRING, UM, AND HOW THE FAULTY CONNECTION IS.
IF YOU CAN SEE WHERE THE TAPE IS, UM, THEY HAVE A TABLE ELECTRICAL SWITCH, WHICH IS GOING TO BE THE ON SWITCH.
UM, MOVE THAT TO K TWO K SHELLS, THE DAMAGE FLOWING AND THE SURFACE NOT MAINTAINED.
TWO L TWO L WAS GOING TO SHOW, UM, RODENT SPECIES TO M IS IT'S GONNA SHOW, UM, THIS IS THE INTERIOR SHOWING THAT THE STRUCTURE ITSELF HAVE MULTIPLE ROOMS. UM, THAT PHOTO, IF YOU GO TO THE NEXT ONE TO TWO L TWO AND STAR, UM, THIS ONE RIGHT HERE IS GOING TO SHOW HOW THE INTERIOR SLOPING, UM, FOR THE, THE CONVERSION, UM, THE PHOTO OF NOT JUST LIKE THAT, THAT'S HOW THE FLOORING IS.
IF YOU LOOK AT THE DOOR AT THE BOTTOM OF IT, YOU CAN TELL HOW IT SLANTED TO, OH, THE NEXT PHOTO.
THIS IS ONE OF THE ROOMS THAT, UM, THAT SHOWS IT DOESN'T HAVE NEGRESS.
IT HAS NO WINDOWS INSIDE OF IT.
UM, THAT'S GOING TO BE TWO O N THROUGH TO CUBE.
IT SHOWS MULTIPLE ROOMS WITHOUT EAGERNESS.
THIS COMPLETES MY PRESENTATION.
I'M OPEN FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, BECAUSE THEY'RE STILL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE WITH UNSAFE CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE NOTICE OF VIOLATION OWNERSHIP INFORMATION FROM THE TROPICAL CENTRAL APPRAISAL DISTRICT NOTICES OF HEARING STAFF, PROPOSED STAFF, PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EXHIBITS TO EIGHT THROUGH TO QUEUE, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATION STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS PROPERTY IN ORDER THE FOLLOWING WITHIN 60 DAYS FROM THE DATE, THE ORDERS MAILED,
[00:20:01]
OBTAIN AND FINALIZE ALL NECESSARY PERMIT, CORRECT DECIDED VIOLATIONS BY COMPLETED COMPLETING ALL REPAIRS TO THE RESIDENTIAL AND ACCESSORY STRUCTURES.AND SHE DREW ON THE 61ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF A THOUSAND DOLLARS PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINED THAT THE RE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ALSO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
THANK YOU, UH, INVESTIGATOR, RIGHT.
AND OFFICER DUMAS ARE GOING TO SUGGEST THAT WE HOLD ALL QUESTIONS UNTIL AFTER WE HAVE HEARD FROM THE PROPERTY OWNER, JUST BECAUSE WE'VE GOT ENOUGH GOING ON TONIGHT, UNLESS ANYONE OPPOSES THAT IDEA, WE WILL, WE WILL LET YOU PROCEED WITH THE, UH, WITH CALLING THE PROPERTY OWNER.
ACTUALLY I WAS JUST GOING TO, UM, SEE WHO IS ON THE LINE.
SO COURTNEY DRINAN IS NOT WITH US.
IS THAT WHAT I HEARD? I'M HERE WITH MS. GOING TO BE DOING, BUT YEAH.
AND I'M SORRY, WHAT WAS, WHAT WAS YOUR NAME AGAIN? MS. DAY? I'M WORRIED.
IF YOU WOULD LIKE TO GO AHEAD AND PROCEED.
AND IF YOU DON'T MIND, MICHELLE, I'LL GO FIRST.
UM, THIS IS LORI DAY ON BEHALF OF THE PROPERTY OWNER, 3,606 THOMPSON STREET.
UM, THE PROPERTY WAS PURCHASED IN 2018.
UM, THE WEIRD STRUCTURES THAT HE SEE IN THE PHOTOS, THEY WERE EXISTING STRUCTURES.
UM, THE, UM, THE, MY CLIENT HAD NO KNOWLEDGE THAT THERE WERE ANY PERMITTING ISSUES OR OTHER ISSUES WITH THE STRUCTURES.
UM, WHEN THE FIRST, UM, NOTICE OF VIOLATIONS CAME IN THE FALL, THEY, UM, IMMEDIATELY TOOK STEPS TO, UM, BEGIN THE REPAIRS.
UM, AND IF YOU'LL LOOK AT THE EXHIBITS THAT WE SUBMITTED, UM, IT'S, THERE'S THE ENGINEERING REPORT THAT WAS OBTAINED IN.
UM, I BELIEVE NOVEMBER THE FOUNDATION WAS EXPECTED INSPECTED IN NOVEMBER.
THE ROOF WAS ALSO INSPECTED AND, UM, PEST CONTROL, UM, UH, CONTRACT WAS SIGNED.
UM, SECOND OCTOBER, UM, THE REPAIRS WERE MADE, UM, TO THE FOUNDATION AND THE ROOF THAT, UM, SOME OF THE OTHER ISSUES THAT ARE IN THE VIOLATION REPORT, INCLUDING, UM, THE, UH, SMOKE DETECTOR, ALARMS, CARBON MONOXIDE ALARM, THOSE WERE ALL INSTALLED.
UM, SO ALL THE THINGS THAT THEY, UM, COULD, UM, START REPAIRS ON, THEY HAD STARTED ON THOSE REPAIRS.
UM, THE, UM, THE PROBLEMS WITH THE RINGS, UM, THAT WERE NOT HAVING THAT DID NOT HAVE APPROPRIATE EGRESS.
THOSE ROOMS WERE CONVERTED TO, UH, UH, JUST A STORAGE OR CLOSET ROOMS. AND SO, UM, THAT, UM, UM, RESOLVE THE ISSUES WITH IT, INGRESS AND EGRESS IN TERMS OF, UH, UH, ANY TYPE OF ROOMS FOR LODGING, UM, AND ATTEMPTS HAVE BEEN MADE SINCE THEN TO ENGAGE ENGINEERING FIRM WITH THE COVID, UM, PRICES THAT DELAYED THAT PROCESS.
UM, THEY'RE TRYING TO DETERMINE THE COST OF REMOVING THOSE, UM, OUTBUILDINGS VERSUS TRYING TO, UM, REHAB THEM AND GET THEM IN SHAPE.
AND THAT'S AN ONGOING PROCESS.
UM, BEG WOULD ASK FOR, UM, UH, A LITTLE BIT MORE TIME, UM, TO GET THESE ISSUES RESOLVED.
UM, CONSIDERING IT'S KINDA DIFFICULT TO GET, UM, THE ENGINEERING FIRMS TO ASSIST AND WITH THE DELAY, THEY WOULD LIKE 120 DAYS IF WE COULD.
AND THEN WITH AN RE-INSPECTION, UM, THERE'S NO BEEN NO INTENT TO IGNORE, UM, THE, UM, VIOLATIONS IT'S JUST BEEN DIFFICULT.
UM, COURTNEY CAN, UM, GIVE A LITTLE BIT MORE DETAIL ON WHAT HAS BEEN REPAIRED, UM, AND, AND WE'RE BOTH AVAILABLE FOR QUESTIONS IF ANYBODY HAS ANY QUESTIONS.
THANK YOU, COURTNEY, WOULD YOU LIKE TO GO AHEAD? YEAH.
[00:25:01]
WHEN YOU RECEIVED THE LATEST NOTICE, UM, THE 25TH OF OCTOBER, WE WENT DOWN THE LIST AND RESOLVED EVERYTHING THAT WE COULD DO, UM, AT THE TIME, INCLUDING ADDING SMOKE AND CARBON MONOXIDE DETECTORS IN THE ROOM, UM, GETTING A FOUNDATION, UM, ASSESSMENT BY AN ENGINEER AND THE ROOFING ASSESSMENT BY A ROOFING EXPERT, UM, OBTAINING A PERMIT WITH A WATER HEATER, UM, INSTALLING CSPI RECEPTACLES IN THE BATHROOM, IN THE KITCHEN, UM, MAKING REPAIRS TO THE, UM, FAMA'S FACIA AND FIGHTING AND, UM, CALLING PEST-CONTROL.UM, WE'VE DONE EVERYTHING ON THE LIST WHEN OFFICER AND HIS COLLEAGUE IN FEBRUARY, WE WALKED THROUGH EVERYTHING THAT WE REPAIRED AT THE TIME.
UM, THE ONLY THING THAT WAS PENDING WAS THE, UM, EXTERIOR ASSESSOR RESTRUCTURE IN THE BACK.
AND, UM, WE WERE TRYING TO WEIGH THE PROS AND CONS OF REPAIRING IT, UM, AND THEN, OR TEARING IT DOWN AND THAT'S WHERE WE ARE RIGHT NOW.
UM, YOU'RE WELCOME QUESTION FOR OFFICER DUMAS.
TYREE, ARE YOU STILL ON THE LINE? YES, I'M STILL.
SO THE PHOTOS THAT WE'RE LOOKING AT, IT LOOKS LIKE THE MOST RECENT PHOTOS, THE ONES FROM THIS MODEL OR JUST OF THOSE ACCESSORY STRUCTURES IN THE BACK, NOT AS THE MAIN STRUCTURE, IS THAT CORRECT? UM, NOW THE, IF YOU CAN SEE THE EIGHT FOUR ON TWO, SEE THAT IS THE, THAT'S THE PRIMARY STRUCTURE SCROLLING GETTING THERE.
SO FROM WHAT I'M SEEING, IT LOOKS LIKE ON THE PRIMARY STRUCTURE, THE MAIN CONCERNS ARE THE BEDROOMS THAT DO NOT HAVE A MEANS OF EGRESS FOUNDATION OR THE SKIRTING ON THE FOUNDATION.
AND THEN THE BULK OF THE OTHER CONCERNS ARE ALL ON THE ACCESSORY BUILDINGS IN THE BACK.
IS THAT A FAIR SUMMARY? UM, FOR THE MOST PART, YEAH.
SO, UM, ACTUALLY STATED, UM, SOME, SOME THINGS WERE ADDRESSED, UM, YOU KNOW, THE SMOKE DETECTS CALLED OUTSIDE DETECTIVES.
UM, THEY, SHE STATED THEY STOPPED UTILIZING THOSE, THOSE ROOMS AND TO UTILIZE THE MS. STORAGE.
UM, SO MY TIME INSPECTION, NO ONE WAS THERE.
THAT'S WHY THOSE PHOTOS SHOW THOSE UNITS VACANT.
IT SHOWED NOTHING INSIDE THOSE ROOMS. UM, THE, THE ROOF AND ASSESSMENT ITSELF, UM, THE ROOF PUT SOME SUGGESTIONS ON THERE.
UH, THE FOUNDATION FOR THE FOUNDATION, THEY ALSO ASKED FOR SOME THINGS TO BE DONE, UM, THAT HASN'T BEEN ADDRESSED EITHER.
UM, UM, THE STRUCTURE ITSELF, AS FAR AS THE SLOPING, UM, ADDRESSING THE SLOPING.
UM, I'M ASSUMING THAT THEY'RE GOING TO NEED AN ENGINEER TO TRY TO ADDRESS THAT.
UM, BUT AS YOU STATED, MOST OF THE, THE CONCERNS OR A LOT OF BROKE OF THEM OR THE ACCESSORY STRUCTURES, THOSE ELECTRICAL WIRES, UM, THAT WAS IN THE REAR, THOSE WERE IN THE WASHROOM.
UM, IT WAS, IT WAS IMPROPERLY DONE.
UM, AND STARTING TO SEE, YOU KNOW, AROUND THE PROPERTY THAT IT SEEMS LIKE THAT'S, WHAT'S GOING ON PROPERTY FOR US, YOU KNOW, WITH THOSE, SOME ROOMS BEING CONVERTED.
UM, THE, THE TIP THAT WE HAD, THE CALLER THAT WAS CALLED IN ON THE PROPERTY, UM, WAS PERTAINING TO, UM, INDIVIDUALS THAT WAS HELPING TO DO REPAIRS ON THE PROPERTY, UM, WITHOUT PROPER PERMITS.
AND THAT'S KIND OF WHAT WE KEPT RUNNING INTO HIM ROBBERY.
SO FELLOW FELLOW COMMISSIONERS, UM, IF YOU HAVE A QUESTION, JUST PLEASE SPEAK UP AND WE'LL TRY NOT TO TALK ON TOP OF EACH OTHER.
[00:30:01]
A QUESTION, PLEASE? GO AHEAD.I WOULD LIKE TO KNOW IF, UH, THE, UH, THE OWNER AND, AND OUR ATTORNEY, UH, HAS, UH, A PLAN FOR COMPLETING THIS AND WHAT KIND OF TIME WOULD IT TAKE? WHAT KIND OF FUNDING WOULD IT TAKE AND DO THEY HAVE THAT FUNDING AVAILABLE? UM, THIS IS WHY, I MEAN, HE'S DOING A LITTLE FEEDBACK.
SO, UM, I THINK THAT THE, UM, THE TIMING WAS 120 DAY, UM, THAT I BELIEVE THAT THEY WERE DELAYED A LITTLE BIT WITH THE COVID CRISIS, YOU KNOW, MOVING FORWARD WITH THE PLAN.
AND HIS COURTNEY MENTIONED THAT, YOU KNOW, THE DECISION IS, DO WE AIR THE OUTBUILDINGS DOWN OR CAN THEY BE REHAB? UM, UM, SO THAT'S KIND OF WHERE THEY ARE RIGHT NOW.
UM, FUNDING IS AN ISSUE, UM, GIVEN THAT, UM, YOU KNOW, A LOT OF PEOPLE HAD, YOU KNOW, ISSUES WITH, YOU KNOW, BUSINESS AND INCOME, BUT, UM, I BELIEVE IF WE COULD HAVE SOME TIME WORK ON IT, WE COULD COME UP WITH SOME AND COURTNEY MAY BE ABLE TO SPEAK TO THAT.
UM, NO, UH, THAT'S, THAT'S WHAT WE'RE IN THE PROCESS OF DOING IS PROCURING A PROFESSIONAL ENGINEER, UM, TO PROVIDE SOME, UM, PROFESSIONAL ADVICE ON THAT.
DO ANY OTHER COMMISSIONERS HAVE QUESTIONS? NO.
WANT TO KNOW FROM A, UM, UH, THE PROPERTY OWNERS AND THEIR REPRESENTATIVES, UH, CAN YOU GIVE US A SPECIFIC DEADLINE WITH WHATEVER ASSUMPTIONS YOU HAVE FOR THIS COULD BE RESOLVED? I RECOGNIZE THAT A LOT OF THE RECOVERY DOES NOT HELP SMALL BUSINESS.
I'VE HEARD A LOT OF OTHER ABOUT BANKS, JUST NO, LONDON IS SMALL BUSINESS, BUT DO YOU HAVE A TIMEFRAME OF PRODUCT, THE PLAN WITH MILESTONES THAT YOU COULD GIVE US SOME INSURANCES WHEN THIS COULD BE ADDRESSED? THANK YOU.
AS DAVE SAID, 120 DAYS, UM, WE COULD, UM, COME TO THAT CONCLUSION, THE PEOPLE THAT YOU'RE TALKING ABOUT, THE PEOPLE THAT YOU'RE DEPENDENT UPON, THAT THEY AGREE TO 120 DAYS.
DO ANY OTHER COMMISSIONERS HAVE QUESTIONS? UH, YES.
UH, MR. DUMAS, UH, WHEN YOU, UH, MENTIONED ABOUT THE, UH, WORK THAT WAS BEING DONE, THAT WAS REPORTED IN, WAS THAT IN WHAT, WHAT, WHAT WAS IT BEING DONE? WAS IT ELECTRICAL AT SOME, GIVEN WHAT WE SAW? JUST A LITTLE BIT OF THE ELECTRICAL THAT WAS KIND OF EXPOSED, UM, WHAT, UH, WHAT WORK WAS BEING DONE THAT WAS NOT AUTHORIZED OR PERMANENT? IT WOULD HAVE BEEN, UM, THERE WOULD HAVE BEEN TO THE MAIN STRUCTURE.
UM, THE MAIN STRUCTURE, AS I SAID EARLIER, IT'S, IT'S BEEN CONVERTED TO A 10 BEDROOM.
ADDITIONAL ROOMS DOES NOT HAVE EGRESS.
UM, THERE'S NO WAY, UH, NO WAY POSSIBLE FOR THE INDIVIDUALS THAT THEY HAD STAYING THERE TO, TO GET OUT IN CASE OF A FIRE.
UM, AS FAR AS THAT ELECTRICAL STUFF WITH THAT, UH, IS THAT STILL OKAY.
IT'S IT'S, AS OF THE CURRENT TIME IT HAS BEEN COVERED UP, IT'S COVERED UP, UM, IF IT'S PROPERLY DONE, UM, I'M NOT SURE BECAUSE IT'S COVERED UP, IT'S BEEN ADDRESSED, BUT IT'S COVERED UP AND, YOU KNOW, IF THEY DID NOT HAVE OBTAINED A PERMIT TO DO IT EITHER.
SO, UM, YOU KNOW, AS, AS, YOU KNOW, IF YOU GET A PERMIT, IT COSTS TO
[00:35:01]
KEEP IT OVER UNTIL IT IS INSPECTED.AND OF COURSE I HAVEN'T DONE THAT.
UM, OWNERS OR OWNER'S REPRESENTATIVE IN WHAT CAPACITY, IF ANY, ARE YOU GOING TO RECTIFY THAT? CAN YOU MAKE SURE THAT I'M PAYING THE NECESSARY PERMITS FOR ANY WORK THAT NEEDED TO BE DONE OBTAIN NECESSARY PERMIT TO PERFORM THE REQUIRED WORK? OKAY.
DID YOU LIVE NEAR THE WORK THAT NEEDS TO BE DONE? ARE YOU GOING TO OBTAIN THE PROPER PERMITTING OR THE WORK THAT NEEDS TO BE DONE? MY QUESTION TO THE MINISTER, I'M AGREEING WITH THAT.
I JUST WANT TO FIND OUT WHAT THE ANSWER IS AND IF I MAY, I'M NOT SURE EXACTLY WHAT THE ELECTRICAL IS IN THE MAGAZINE.
IT SOUNDS LIKE, UM, PEOPLE ARE CONCERNED THAT WE KNOW THAT THAT WORK WAS DONE SAFELY.
SO EVEN IF THAT WORK WAS ALREADY DONE, WE'VE GOT A PERMIT.
WHEN WE HANG UP TOMORROW, I'LL, WE'LL HAVE THEM START ON OBTAINING THE APPROPRIATE PERMIT.
MR. DEMOSS, DO YOU HAVE ANY INSIGHT INTO HOW FAST THEY CAN GET A PERMIT, ELECTRICAL LOAD INSPECTED? I DO NOT.
UM, AT THIS CURRENT TIME, UM, BEING A RESIDENTIAL PROPERTY, I KNOW THEY USUALLY HAVE A TURNAROUND PERMIT, BUT I'M NOT SURE AT THE TIME DUE TO COVID HOW FANS THEY'LL BE ABLE TO OBTAIN A PERMIT.
DID YOU TAKE MORE THAN TWO WEEKS? UM, WHEN, WHEN WE DID SOME SUBMIT OUR REQUESTS, UM, I REQUEST, WE STAYED AT 60 DAYS BECAUSE WE THINK WE ARE THINKING TO ATTAIN A PERMIT.
UM, AND BOTH THINGS COMPLETED.
THANK YOU, MR.
SO I JUST, I JUST WANT TO REMIND THE COMMISSION THAT WE REPORTED.
I BELIEVE AT THE LAST HEARING THAT THE, UM, THE DEVELOPMENT SERVICES DEPARTMENT IS RUNNING.
NORMALLY THEY ARE ONLINE, BUT THEIR PROCEDURES ARE MOVING FORWARD AS NORMAL, EVEN THOUGH IT IS DURING COBIT.
I ACTUALLY HAVE A QUESTION FOR MS. DINA AND THE PROPERTY OWNER AND, AND REPRESENTATIVE TWO PART QUESTION.
THE FIRST PART IS WHO DID THE WORK TO CREATE THE 10 DIFFERENT BEDROOMS THAT ARE NOT TO CODE IN THE STRUCTURE.
AND THE SECOND QUESTION IS WHAT DO YOU INTEND TO DO WITH THIS PROPERTY? LONGTERM? WHAT ARE YOUR GOALS WITH IT? THE WORK? UM, I, I DO NOT KNOW BECAUSE I ONLY STARTED, UM, WORKING WITH MR.
YOU PURCHASED THIS PROPERTY IN EARLY 2018 AND WHEN HE BOUGHT IT, I KNOW THE ACCESSORY STRUCTURE WAS ALREADY THERE.
UM, AS FAR AS THE INSIDE ROOMS, I DON'T KNOW.
AND AS FAR AS THE LONG TERM, UM, HE'D LIKE TO KEEP THE PRECEDE, THE MAIN PROPERTY.
UM, HE DOESN'T WANT TO TEAR IT DOWN.
SO I THINK THAT THE QUESTION THAT I HAD TO HAD TO DO WITH, DOES HE INTEND TO RENT THIS OUT OR IS THIS SHORT TERM RENTALS, IS THIS LONG TERM RENTALS OR, YOU KNOW, IT DOES THE OWNER INTEND TO LIVE THERE? UM, I'M NOT SURE ABOUT HIM LIVING THERE, BUT HE DOES WANT TO RUN IT OUT.
[00:40:01]
OKAY.HERE'S THE CONCERN THAT I WOULD HAVE IS THAT I'M HAVING TO OWN A PROPERTY IN THE CITY OF AUSTIN, AS WE ALL KNOW IT IS GETTING MORE AND MORE EXPENSIVE.
AND PRESUMABLY THE OWNER NEEDS TO HAVE AN INCOME ON THIS PROPERTY TO MAKE IT WORK.
AND I'M PRETTY SURE THAT THE OWNER WILL NOT BE ABLE TO MAKE THIS WORK.
IF ALL OF THOSE, YOU, IF ALL OF THOSE ROOMS ARE JUST USED FOR STORAGE.
SO IF THOSE ROOMS ARE TO BECOME HABITABLE BEDROOMS, THERE'S A BIT MORE WORK THAT DOES NEED TO BE DONE.
I BELIEVE IT'S GOING TO BE A RENTAL PROPERTY.
UM, AND YOU KNOW, THE PEOPLE ARE SIX BROOM.
I THINK IT'S SIX RESIDENT LIMIT.
THEY DON'T, THEY'RE NOT GOING TO DO THAT.
SO THEY'RE JUST LIMITED TO SIX PEOPLE AND, UM, THEY WON'T BE MAKING ANY MORE BEDROOMS. THAT'S MY UNDERSTANDING.
IS THAT CORRECT? THANK YOU FOR THAT.
UM, THIS IS COMMISSIONER MILLER.
CAN I JUST ASK, SO WE HAVE ON THE LINE, WE HAVE AN ATTORNEY AND THEN THE OTHER PERSON I HAD ORIGINALLY THOUGHT WAS THE OWNER, BUT ARE YOU THE PROPERTY MANAGER OR WHAT IS YOUR RELATIONSHIP TO THE OWNER? I'M HIS ASSISTANT.
AND SO I'M HERE LOCALLY FOR HIM.
DID WE HAVE ANY OTHER QUESTIONS FROM THE COMMISSIONERS, ANY OF THE COMMISSIONERS, LIKE TO MAKE A MOTION, LIKE MOTION THAT WE CLOSE THE DISCUSSION.
I JUST WANT TO REMIND YOU TO ADMIT THE EXHIBIT.
I WILL GO AHEAD AND DO A BIT STAFF'S EXHIBITS ONE AND TWO
UM, I'M SORRY, WAS IT EXHIBITS ONE THROUGH THREE PROPERTY OWNER EXHIBITS ONE THROUGH THREE.
AND THE PUBLIC HEARING IS NOW CLOSED.
SO, UM, COMMISSIONERS, WOULD YOU LIKE TO DISCUSS, WOULD YOU LIKE TO MAKE ANOTHER MOTION AND THEN WOULD THEN DISCUSS, I HAVE A COUPLE, THIS IS COMING TO COMMISSIONER SHEDDY AND I HAVE A COUPLE OF QUESTIONS, UM, FOR THE OTHER COMMISSIONERS.
SO MAYBE STAFF CAN HELP GET, GO AHEAD.
UM, SO I GUESS, UM, I HEARD THE REPRESENTATIVE OR THE OWNER SAYING THAT YES, THEY WOULD LIKE TO RUN THE PROPERTY, BUT THEY ALSO COULD JUST LEAVE IT AT SIX ROOMS INSTEAD OF HAVING THOSE ADDITIONAL ROOMS. SO MY QUESTION IS EVEN IF THE WENT BACK TO SIX ROOMS, UM, DOES THE ISSUE OF THE UNPERMITTED MODIFICATIONS STILL NEED TO BE ADDRESSED? I WOULD THINK SO.
THAT WAS, I THINK THAT WOULD ANSWER MY QUESTION.
THAT WOULD ANSWER MY OTHER QUESTION AS WELL.
SO HOW MANY OF THE COMMISSIONERS, OH, PLEASE GO AHEAD.
HOW WOULD A MOTION WHERE THEY'RE REQUIRED TO ADDRESS THE EGRESS AND INGRESS SAFELY FROM THE ASSUMPTION THAT THEY'RE GOING TO HAVE MORE ROOMS THAN THERE ARE NOW AT THE STORAGE IS NOT GOING TO STAY STORAGE.
IT'S GOING TO BECOME RENTED OUT AND THAT, UH, WE GIVE THEM 120 DAYS, BUT AFTER THAT, THE REMAINDER OF THE STAFF'S RECOMMENDATION TO STATES SO THAT THEY HAVE, UH, FOUR MONTHS TO GET, UM, THINGS RECTIFIED, UM, TO GET, UH, PERMITS, TO GET IT INSPECTED.
AND WITH THE ASSUMPTION, THEY'RE NOT GOING TO HAVE HALF THE, UH, REAL ESTATE SITTING IDLY BY WITH A BOXES.
UH, HOW CAN WE, UM, MOLD THAT THE, UH, THE, UH, THE RUBBER RECOMMENDATION IN OUR MOTION, UM, THAT LINE WHAT'S THE BEST WAY TO HANDLE IT.
IT WAS A GOOD QUESTION BECAUSE I DON'T BELIEVE WE CAN EXTEND BEYOND 90 DAYS WITHOUT HAVING, UM,
[00:45:01]
WELL, ONE, THE PROPERTY REPRESENTATIVE WOULD HAVE TO COME BACK AFTER 90 DAYS TO GIVE US AN UPDATE, WHICH I DON'T THINK ANY OF US HAVE A PROBLEM WITH THAT, BUT I'M NOT EVEN SURE WE CAN EXTEND PAST THAT WITHOUT, UH, MORE DOCUMENTATION OF, YOU KNOW, REAL ESTIMATES OF A TIGHTER SCHEDULE.SO A BIT MORE DOCUMENTATION THAN WHAT WE HAVE.
AND I MEAN, HOPEFULLY THEY WOULD HAVE LIKE A PERMIT BY THAT AND THEN INSPECTION OCCURRED.
AND IF THEY NEED TO COME BACK FOR ANOTHER 30, UH, I THINK IT'S, UM, RIGHT NOW THE COST OF DOING BUSINESS, WAS THAT A MOTION OR JUST DISCUSSION? I DON'T HAVE MY CHEAT SHEETS IN FRONT OF ME.
UM, UH, I, UH, MAKE A MOTION THAT WE ACCEPT THE STAFF'S FINDINGS OF FACT.
AND, BUT, UH, THEN THE, UH, UM, THE TIMEFRAME FROM TWO 90 DAYS, I DON'T HAVE HIM IN FRONT OF RIGHT THIS RIGHT NOW, BUT MOST DAYS, UM, AND HOLD OFF ON THE PENALTIES.
AND, UH, FOR 90 DAYS, WAS THAT A SECOND? I MISSED THAT, WHOEVER THAT WAS MINE, IT LOOKS LIKE A PABLO.
I DON'T KNOW IF THAT WAS CORRECT OR NOT.
WHOEVER SPOKE EITHER SECOND OR COMMENTED.
SO I DON'T BELIEVE WE HAVE A SECOND YET.
AND I THINK, UH, I THINK WE WERE JUST OVER HEARING BACKGROUND NOISE FROM COMMISSIONER ABILA.
CAN, CAN I JUST ASK THEM CLARIFY, I'M HAVING A HARD TIME FINDING IN THE DOCUMENTS, WHAT EXACTLY THE STAFF RECOMMENDATION SAID, IS IT INCLUDING THAT THEY HAVE TO MAKE THOSE ROOMS? SO THEY HAVE PROPER LIBRA.
THAT IS, THAT IS NOT INCLUDED IN OUR RECOMMENDED ORDER.
IT IS A 60 DAY ORDER TO OBTAIN AND FINALIZE ALL PERMITS, CORRECT.
ALL CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE RESIDENTIAL AND ACCESSORY STRUCTURES.
AND THEY REQUEST AN INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND THEN ON THE 61ST DATE WOULD BE A THOUSAND DOLLARS PER WEEK.
SO, BUT IT INCLUDES ALL THE ITEMS THAT, AND SO WE'RE TALKING ABOUT WHETHER OR NOT THAT SHOULD GO THE 90 DAYS.
IS THAT THE DIFFERENCE? THAT IS CORRECT.
ARE WE STILL WAITING FOR A SECOND? WAIT A SECOND.
UM, DO WE HAVE ANY FURTHER QUESTIONS OR DISCUSSION AMONG THE COMMISSIONERS? OH, GOD.
JUST KIND OF WANT TO HOPE THAT THEY WILL, UH, THE OWNERS OR THE OWNER REPRESENTATIVE, PARTICULARLY THE OWNERS WOULD HAVE SOME KIND OF PLAN BY THAT 90TH DAY OR WHAT THEY'RE, WHAT THEY'RE INTENDING TO DO TO MAKE SURE EVERYTHING'S TAKEN CARE OF OF COURSE.
BUT, UM, I GUESS WHAT THEY WAS ASKING IS 120 DAYS AND NO DEFINITE TIMELINE AS TO AN, A PLAN TO TAKE CARE OF, LOTS OF SUGGEST THAT THEY NEED ANOTHER 30 DAYS BEYOND THE 90, THAT THEY COME BACK WITH SOME EVIDENCE THAT SHOWS THAT THEY'RE MAKING PROGRESS.
WE EXPECT THAT THIS IS BRANDON CARR, ASSISTANT CITY ATTORNEY.
UM, MY QUESTION IS, ARE YOU ASKING THE PERSON, SO THIS QUARTER WOULD BE AFTER 90 DAYS, CIVIL PENALTIES AND WOULD START, ARE YOU ASKING TO COME BACK AS A PART OF YOUR ORDER AFTER 90 DAYS? OR ARE YOU SAYING THAT THEY CAN, IF THEY WANT TO COME BACK AND REQUEST TO BE PUT ON A FUTURE AGENDA, BECAUSE THERE'S A DIFFERENCE BETWEEN, UM, BETWEEN THOSE TWO THINGS, UH, THAT ADDRESSED TO ME? UH, YES.
ARE YOU, ARE YOU ASKING THAT THEY BE REQUIRED TO COME BACK ON THE NINTH DAY AND WE'D GO AHEAD AND SET IT, OR
[00:50:01]
ARE YOU SAYING THAT THEY CAN COME BACK ON THE 90TH DAY, MAKING CLEAR THAT PENALTIES WILL START AFTER 90 DAYS, UNLESS YOU ALL DO SOMETHING DIFFERENT? I WOULD SAY THEY TEND TO COME BACK.I NEVER KNOW IF THEY WOULD BE ABLE TO KNOCK IT OUT.
DOES THAT SEEM APPROPRIATE? A BARRISTER? UM, IT DOES.
THEY, THEY HAVE THE OPPORTUNITY.
UM, BUT ALSO, I JUST WANT TO BE CLEAR THAT I THINK WE'RE GOING TO BE SEPTEMBER, OCTOBER, NOVEMBER.
SO IT WON'T BE QUITE 90 DAYS BECAUSE THAT'S BE THANKSGIVING.
SO I THINK THEY DO, UM, DECEMBER MEETING CORRECT THE TIME.
SO THEY WOULD HAVE TO COME BACK, I GUESS, IN, UH, OCTOBER.
UH, SO THEY'D HAVE TO COME BACK BEFORE THE 90 DAYS.
THEY CAN'T COME BACK AFTER THE NIGHT THEY COULD, BUT AT THAT POINT, THE PENALTIES WOULD BE ACCRUING.
I'D RATHER, IF THIS WAS A, MY SHOES, I'D RATHER COME BACK BEFORE THE PENALTIES WERE OCCURRING.
AND SINCE WE CAN'T REALLY ASK THEM DIRECTLY, BUT LET'S GO AHEAD AND SAY OCTOBER AND LET THE COMEBACK PRESENT WHAT THEY'VE GOT.
SEE IF THERE'S ANY, UM, TYPE OF RENT THAT'S WHAT'S ON THE PROPOSED ORDER.
60 DAYS, WE DON'T HAVE A MEETING IN NOVEMBER BECAUSE OF THANKSGIVING THAT'S ACCURATE, CORRECT? CORRECT.
SO WE COULD ASK THEM TO COME BACK IN 60 DAYS TO SHOW US THAT THEY'RE MAKING PROGRESS.
YOU ALSO HAVE THE OPTION OF, UM, CONTINUING THIS CASE FOR 60 DAYS AND ASKING FOR THOSE PLANS THAT YOU NEED IN ORDER TO MAKE A DECISION.
SO LET ME, LET ME FOLLOW THAT RABBIT TRAIL REAL QUICK.
SO I COME BACK IN OCTOBER, NOTHING'S HAPPENING NOBODY'S THEY HAVEN'T DONE ANYTHING.
WE HAVE TO WAIT ANOTHER 60 DAYS.
IF WE SAY, OKAY, WE'VE HAD IT, UM, WE'RE GOING TO IMPLEMENT A STANCE OR A RECOMMENDATION.
IT WOULD HAVE ANOTHER 60 DAYS FROM OCTOBER.
SO THAT WOULD TAKE US INTO FEBRUARY SO THAT BY THE END OF THE YEAR.
SO IF YOU GAVE, IF YOU GAVE THEM, IF YOU COULD CONTINUE WITH THIS CASE FOR 60 DAYS, THEN THEY CAN MAKE AN ORDER.
AT THAT POINT YOU COULD DO AS LITTLE AS 30 DAYS, UM, TO, TO FINISH OUT.
AND THEN THAT WOULD BE A TOTAL OF 90 DAYS.
OR YOU COULD DO A TOTAL UP TO 90 DAYS RIGHT NOW, UNLESS YOU FIND THAT THEY'VE CREATED A WORK PLAN AND SHOW THAT THE WORK CANNOT BE COMPLETED WITHIN 90 DAYS, THEN STATE LAW ALLOWS YOU TO GO PAST THAT.
SO IF WE GO OUT 60 DAYS AND THEY MAKE A LOT OF PROGRESS AND THEY SAY, WE NEED ANOTHER 60, WHICH IS WHAT THEY'RE ASKING FOR, WE COULD DO THAT KNOCKED OUT YOU THEORETICALLY, THEORETICALLY COULD GENERALLY YOU DON'T TAKE CASES AGAIN A SECOND TIME.
IT'S NOT YOUR GENERAL POLICY, BUT THERE'S NOT ANYTHING NECESSARILY THAT PROHIBITS YOU FROM DOING THAT.
I WANT TO KIND OF, I DON'T WANT TO BE SETTING NEW PRECEDENTS THAT WERE DONE BEFORE, SO WE, WE COULD CONTINUE THE CASE AND THEN ACCEPT STAFF'S RECOMMENDATION AND NOT COVER.
THAT WOULD BE TYPICAL OF MORE OF WHAT WE DID WE'VE DONE IS THAT PACK YEAR.
IF YOU'RE LOOKING FOR MORE INFORMATION FROM THE PROPERTY OWNER, YOUR RULES DO REQUIRE YOU TO TRY AND ASK THEM SPECIFIC FOR TELLS US SPECIFICALLY WHAT YOU WANT, EMPTY THE HAND OR NOT KNOWING WHAT THEY NEED.
SO THEN LET ME SUGGEST THAT MODIFY MY, UH, UH, UH, THE RECOMMENDATION HERE THAT, YEAH, YOU'RE WANTING TO AMEND YOUR ORDER, HER AMEND YOUR MOTION OR ORDER THAT THEY COME BACK WITH DEMONSTRATION, THAT THEY'VE APPLIED TO PERMITS AND THEY'VE SCHEDULED INSPECTIONS, OR THEY HAVE THE PAPERWORK, OR THEY HAVE THE, A CONTRACT TO GET THEM TO THE POINT WHERE THEY CAN REQUEST A INSPECTION.
SO, SO ARE YOU PROPOSING, SORRY, COMMISSIONER GREEN.
SO YOU, SO YOU'RE WANTING TO AMEND YOUR MOTION SO THAT WE CONTINUE THE CASE PERSIST FOR 60 DAYS.
UH, 60 DAYS WITH, UH, WITH THE REQUIREMENT FOR THE OWNERS AND THEIR REPRESENTATIVES TO COME BACK WITH PROOF THAT THEY ARE MOVING FORWARD TO COMPLETE THIS PROJECT.
DOES ANYBODY ELSE HAVE ANY ADVISORS SUGGESTED WHERE I MIGHT, THAT THEY HAVE COME BACK PERMITS OR SHOWS THEY HAD INSPECTIONS DONE PERMITS AND INSPECTIONS ALREADY.
[00:55:01]
I WANT TO SHOW THAT THEY'VE HIT SOME MILESTONES AND IF THEY HAVE, AND THEY'RE MAKING GOOD PROGRESS THAT, UH, YOU KNOW, WE CAN GIVE ANOTHER 30 TO 60 DAYS AT THAT POINT.AND IF THEY'VE DONE NOTHING AND WE'RE JUST TREADING WATER THAT WE GO FORWARD WITH A STAFF'S RECOMMENDATIONS FOR A, WAS IT A THOUSAND DOLLARS A WEEK? YEAH.
I'M JUST THINKING, BECAUSE THEY SAY THEY'VE ALREADY DONE THAT ELECTRICAL WORK.
THAT WOULD BE AN OBVIOUS THING TO ASK THEM TO, UH, GET THE PERMITS AND HAVE IT INSPECTED.
AND THAT WOULD BE NO THAT'S THAT SOUNDS LIKE A GREAT IDEA.
SO, SO MY THOUGHTS ARE, THEY'VE ALREADY KNOWN ABOUT THESE VIOLATIONS FOR QUITE SOME TIME AND NOT A WHOLE LOT HAS HAPPENED.
AND I THINK THAT, I THINK WE NEED A MOTIVATOR SUCH AS PENALTIES KICKING IN AFTER 90 DAYS TO MAKE THIS THREAT REAL.
I TAKE IT VERY SERIOUSLY THAT PEOPLE WERE RENTING OUT ROOMS WITHOUT ANY OF THE ENTITY GRAPHS.
THAT'S NOT ONE OF THE VIOLATIONS THEY NEED TO CORRECT SO LONG AS THEY DON'T RENT OUT THOSE ROOMS FOR ANYONE TO ACTUALLY SLEEP IN IT.
UM, BUT THEY, I THINK THE OTHER VIOLATIONS COULD BE CORRECTED FAIRLY QUICKLY.
AND IN 90 DAYS THEY PROBABLY WILL HAVE A GOOD IDEA OF HOW THEY WANT TO PROCEED WITH MAKING THIS HABITABLE HABITABLE SPACE.
I AGREE WITH THOSE SENTIMENTS.
I MEAN, THIS HAS BEEN GOING ON, SORRY.
MANGRUM THIS HAS BEEN GOING ON SINCE FEBRUARY TIMEFRAME.
UM, WE'RE MORE THAN HALFWAY THROUGH THE YEAR.
UM, YOU KNOW, I WOULD BE INCLINED TO GO AHEAD AND ENTER AN ORDER THAT PENALTIES ARE GONNA RUN FROM AND NOT CONTINUE THE HEARING, UM, IN ORDER TO SPUR SOME ACTION ON THIS AND WHETHER IT'S 60 DAYS OR 75 OR 90, I DO THINK IT WOULD BE PREFERABLE TO PUT AN ORDER IN PLACE SO THAT, UM, SOME ACTION, UH, GETS SET IN MOTION.
UM, I, UM, I KNOW YOU'RE AWARE OF THIS, BUT THE CONSTRUCTION INDUSTRY IS NOT AT A STANDSTILL.
I WORK WITH ARCHITECTS AND ENGINEERS AND CONTRACTORS, UM, EVERY DAY AND, YOU KNOW, THINGS ARE GOING FORWARD.
SO I DON'T REALLY BELIEVE THERE'S ANY REASON THAT THE OWNERS SHOULDN'T BE ABLE TO GET THIS WORK ACCOMPLISHED.
SO WE HAVE, WE HAD THE ORIGINAL MOTION THAT WAS SECONDED.
UM, MR. CARR, I'M NOT SURE IF WE NEED, WHERE DO WE PROCEED FROM HERE, BUT WITH THE AMENDED, I DON'T THINK THERE WAS A SECOND.
SO I THINK WE'RE STILL ON THE ORIGINAL.
CAN YOU RESTATE THAT AMENDED MOTION? YEAH.
AMENDMENT WAS FOR, UM, AGAIN, THIS IS BRANDON CARR, ASSISTANT CITY ATTORNEY.
THE AMENDMENT WAS A 60 DAY CONTINUANCE WITH INSPECTIONS OR PERMITS.
THE ORIGINAL MOTION, I BELIEVE WAS, UM, STAFF'S ORDER OF 90 DAYS A WORK REPAIR.
I'D LIKE TO POSE THE AMENDED VERSION THAT JESSICA DOES THAT FOLLOW WITH THE PHONE BACK.
UH, DID YOU WANT TO ALSO ADDRESS, UH, UM, JUST ADDRESSING, UH, THE PENALTIES IN PLACE AS WELL? NOT TRYING TO DELAY THINGS, FOLKS.
I JUST WANT, I'M TRYING TO GET THE, UH, WELL, THE, THE ORIGINAL MOTION, I BELIEVE DID INCLUDE THE PENALTIES, CORRECT.
THE ORIGINAL PENALTY WAS AS STAFF.
IT JUST MODIFYING THE TIMEFRAME TO 90 DAYS.
SO I BELIEVE, UNLESS WE GET A SECOND ON THE AMENDED MOTION, WE SHOULD PROBABLY JUST GO AHEAD AND CALL THE QUESTION FOR THE ORIGINAL MOTION.
AM I ALLOWED? I'M SORRY, WHO IS, THIS IS JOHN GRAY.
WILL YOU, SO COMMISSIONER GREEN, YOU DID THE ORIGINAL MOTION AND YOU DID THE AMENDED MOTION.
ISN'T THAT CORRECT? I'M SORRY.
I THOUGHT JESSICA MADE THE AMENDED MOTION.
[01:00:01]
I'M LOSING TRACK.I BELIEVE THEY MADE THE AMENDED MOTION.
SO LESS THAN DIFFERENT COMMISSIONER SECONDS THAT THEN YOU'D HAVE TO GO BACK TO THE ORIGINAL MOTION.
IS IT JUST EASIER TO WITHDRAW YOUR ORIGINAL ONE? AND THEN WE CAN START WITH THE OTHER ONE.
I'LL WITHDRAW MY ORIGINAL MOTION.
THE ONE THAT, UH, COMMISSIONER JESSICA MANGRUM PROPOSED, UH, COMMISSIONER MANGRUM DID NOT PROPOSE ANYTHING.
CAUSE I CAN TELL WHAT'S ON THAT TABLE RIGHT NOW.
SO THE AMENDED MOTION THAT HAS NOT BEEN SECONDED, I BELIEVE WAS RATHER THAN EXTENDING THE TIMEFRAME OF THAT RECOMMENDED ORDER.
IT WAS TO CONTINUE THE CASE FOR 60 DAYS.
AND THEN WHEN THE PROPERTY REPRESENTATIVE COMES BACK, THEY WOULD NEED TO HAVE A HIGHER LEVEL OF DOCUMENTATION TO SHOW THAT PROGRESS HAS BEEN MADE.
IS THAT CORRECT? COMMISSIONER GREEN.
SO WE NEED A SECOND AND THEN A VOTE.
IF WE'RE GOING TO MOVE FORWARD, IF WE'RE GOING TO MOVE FORWARD WITH THE AMENDED MOTION, THEN YES, WE WOULD NEED A SECOND.
SO WE'RE AT 60 DAYS, NOT 90 DAYS NOW.
WE'RE
AND EVERYTHING HAS TO BE NOTIFIED.
PEOPLE HAVE TO COME BACK IN 60 DAYS AND THEY HAVE TO SHOW DOCUMENTATION THAT THEY PAID, CORRECT.
RECONSIDER THE MEETING DOCUMENTATION MEETINGS, SOME KIND OF PLAN A THAT THE OWNERS AND REPRESENTATIVES NEEDED FOR THE 60TH DAY.
IF THEY, IF WE DECIDE TO CON THE MOTION WAS TO CONTINUE THE CASE AND WHEN THEY COME BACK, THEY WOULD NEED TO PROVIDE DOCUMENTATION THAT THEY'VE ATTAINED, PERMITS, AND THAT WORK HAS BEEN, OR PROGRESS HAS BEEN MADE.
UM, SO THE QUESTION IS THE MOTION IS TO CONTINUE THE CASE FOR 60 DAYS, OR LET ME BE MORE SPECIFIC.
IT WOULD BE CONTINUING THE CASE UNTIL THE OCTOBER MEETING OF THE BUILDING AND STANDARDS COMMISSION.
AND AT THAT TIME, THE PROPERTY OWNER WOULD NEED TO RETURN WITH DOCUMENTATION, INCLUDING PERMITS FOR THE WORK TO CORRECT THE VIOLATIONS AND PROGRESS MADE AND ANY REMAINING WORK, THEY WOULD NEED TO HAVE A CLEAR SCHEDULE AND A DOCUMENTATION OF WHAT THE PROPOSED COST WOULD BE AN ESTIMATE ALL IN FAVOR, SAY AYE.
UM, MYSELF, I AM OPPOSED, UM, COMMISSIONER ABILA COMMISSIONER MANGRUM OPPOSED COMMISSIONER SHEDDEN OPPOSE COMMISSIONER GREEN.
I'M GOING TO ASSUME HE WAS FOR COMMISSIONERS THOUGH.
THAT WAS COMMISSIONER GREEN OR COMMISSIONER,
[01:05:01]
SO SAD.COMMISSIONER FERERA COMMISSIONER MILLER, SORRY.
PROPOSED COMMISSIONER THOMPSON FAR.
OH, I WASN'T KEEPING TRACK OF THE MATH.
I WAS, YEAH, I WAS JUST COMING UP WITH FIVE AND I WAS ABOUT TO DOUBLE CHECK.
THE MOTION DID NOT PASS A WOULD COMMISSIONERS ANY COMMISSIONERS LIKE TO ENTERTAIN ANOTHER MOTION SHOULD HAVE 11 COMMISSIONERS MAKE A MOTION THAT WE ADOPT THE STAFF RECOMMENDED, UM, ORDER AND THE FINDINGS OF FACT AND CONCLUSIONS OF LAW CONTAINED IN THAT REQUIRING THAT THE OWNER OBTAIN WITHIN 60 DAYS, THE PERMITS AND CORRECT THEM, CITED VIOLATIONS AND INSPECTIONS, ET CETERA.
AND, UM, THAT THE PENALTIES WILL ACCRUE PER THE ORDER AS STATED $1,000 PER WEEK.
SO THERE WAS A SECOND FROM WHOM WORKING.
AND TO BE CLEAR, THIS IS BASICALLY TO ADAPT STAFF'S RECOMMENDED, RECOMMENDED ORDER AS CORRECT.
I'M GOING TO CALL THE QUESTION ALL IN FAVOR, SAY AYE.
THE MOTION IS UNANIMOUSLY PASSIVE.
SO A COPY OF THIS ORDER WILL BE MAILED OUT TO THE PROPERTY OWNER.
AND UM, IF YOU HAVE QUESTIONS YOU CAN GET WITH CITY STAFF AT THIS TIME.
[3. Case Number: CL 2020-116516 Property address: 4501 Bucks Run / Owner: Higher Dimensions Investments, LLC Staff presenter: Khary Dumas, Austin Code Department Staff recommendation: Repair residential duplex structure]
WE ARE READY TO MOVE ON TO THE NEXT ITEM ON THE AGENDA.ITEM NUMBER THREE ON THE AGENDA IS BASED NUMBER CEO'S 2021 ONE SIX FIVE ONE SIX INDUSTRY REGARDING THE PROPERTY LOCATED AT 45 ZERO ONE BUCKS RUN STAFF EXHIBIT CAN BE FOUND IN THE OLIVE GREEN BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING A RESIDENTIAL DUPLEX STRUCTURE WITH UNSAFE AND SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR THE STRUCTURES CURRENTLY CURRENTLY OCCUPIED.
AND IT'S NOT SUNSETTED IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVEL CONTROLLED APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AS WELL AS THE FIRE REPORT FOR THIS PROPERTY.
EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS TWO, EIGHT OR TWO J.
AND LASTLY CODE'S RECOMMENDED ORDER CODE INSPECTOR.
HI, READ A DOCUMENT IS CURRENTLY ASSIGNED TO THIS CASE.
HE WILL NOW PRESENT THE PHOTOGRAPHS.
MARK IS TWO EIGHT WITH TJ AND DISCUSS THE VIOLATIONS THAT THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR DEMONS.
GOOD EVENING PERMISSIONS FOR THE RECORD.
I'M THE CODE OFFICE ASSIGNED TO THIS CASE AS OF OCTOBER, 2019, THE PROPERTY BEING PRESENTED AS A TWO FAMILY RESIDENTIAL DUPLEX ON CONCRETE SLAB WAS SLIDING WITH, WITH A GABLE ROOF AT 45 OH ONE BUCKS RUN.
THIS PROPERTY IS BEING UTILIZED AS A WOMAN IN BOARDING HOME WITHOUT AN ACTIVE LICENSE.
LEGAL NOTE OF THE VIOLATION WAS SENT TO THE PROPERTY AND HOME AND HAS BEEN POSTED ON THE PROPERTY.
THIS CASE CREATED BY AUSTIN FIRE DEPARTMENT FOR LIFE AND SAFETY HAZARD ON 10 2219 INSPECTION THAT BOOKS RUN A COMPANY WHEN FIREARM OR SHOE AG PATELLA, WE OBSERVED MULTIPLE LIVES, DOORS PRESENT.
HE EGRESS ISSUES, ONLY ONE EXIT, NO SPOKE TO TEST THIS CARBON DIOXIDE, THE TEXAS, THE LEFT SIDE OF THE PROPERTY DOESN'T HAVE ADEQUATE HOT WATER HOLES IN THE WALL GARAGE CONVERSION WITHOUT PROPER PERMIT EXPOSED WIRE MISSING COVER
[01:10:01]
PLATE, MISSING PLUMBING, FICTIONS AND DAMAGED SIDE 10 2319.I SPOKE TO MS. LOLITA AND SHE SENT ME AN EMAIL REQUEST ASKING FOR A COPY OF THE NOTE OF NOTICE OF VIOLATION.
I ALSO INFORMED HER TO PROVIDE SMOKE DETECTORS, CARBON DIOXIDE ALARMS, AND REMOVE ALL DOUBLE LIGHTS FROM THE DOORS THAT WILL, THAT KEYS WERE NEEDED.
10 26, 19 A NOTICE OF VIOLATION WITH FOLKS ON PROPERTY ALONGSIDE AN UNSAFE PLACARD 11 SEVEN 19 FOLLOWUP.
THE LIGHTS ON AND DOORS HAVE BEEN REMOVED, SPOKE TO TEXAS.
THE COLLARBONE, THE OXIDE LAWNS HAVE BEEN INSTALLED ON JANUARY 23RD, 22, THE OWNER'S HUSBAND, AS HE STATED HIS PLANS WERE KICKED BACK FROM DSD ON TWO 26, 20 AMANDA SHOWS FROM HIS POOL, BUT NOT WHAT PENDING OR INTERIOR REMODEL TO AN UNDO PERMITTED.
THE UNPERMITTED CONVERSION WORK INCLUDE TO RECONVERT THE DWELLING INTO HIS ORIGINAL LAYOUT.
AS A DUPLEX SEVEN, SIX 20, THE INSPECTION A MALE ALLOW ME TO ENTER.
AS HE CALLED THE OWNER TO RECEIVE CONSENT.
SHE STATED DUE TO KOBE, NO REPAIRS HAVE BEEN MADE, BUT THEY HAVE A BUILDING PERMIT PRESENT DAY, ALL REMAINED THE VIOLATIONS ON A PREMISE HAS NOT BEEN RECTIFIED NOR ANY TIPS TO REMEDY THE PROPERTY SHOWS AN ACT BUILDING PERMIT AND PENDING MECHANICAL PLUMBING AND ELECTRICAL PERMIT.
THE FOLLOWING DATE, FOLLOWING DATED AND TIMESTAMP PHOTOS DEPICT THE SITE OF VIOLATION FROM THE INITIAL FOLLOWUP INSPECTION PHOTOS AND ONGOING CITED AND DISHES.
THAT'S GOING TO BE TO A, TO J TO A, THIS IS A CONTEXTUAL PHOTO OF THE PROPERTY.
UM, AS YOU CAN SEE TO THE LEFT, YOU CAN MOVE TO THE NEXT NEXT ONE.
THIS IS GOING TO BE THE LEFT SIDE OF THEIR PROPERTY, WHERE YOU SEE THAT AC IS THAT'S WHERE THE GARAGE CONVERSION IS AND THEY'RE DAMAGED SIGHTINGS WELL MOVED TO, TO C TO C, IT'S GOING TO SHOW, UH, THIS IS GOING TO BE THE ENTRY WAY OF THE PROPERTY.
THIS IS THE ONLY, UM, ENTRY THAT DOOR THAT WAS, UM, THAT WE PRESENTLY SEEN.
THAT DOOR WAS NOT BEING UTILIZED AS, UH, EXIT ANY MEANS IT WAS LOCKED.
UM, THIS IS GOING TO BE THE, THE WHAT'S GOING TO BE THE ENTRY OF THE PROPERTY.
UM, IT SHOWS DAM INSIDE AND AS WELL, AND FORWARD, THIS IS GONNA, UH, THIS IS DAMN SIDING TO BE, IT'S GOING TO BE DAMN SIDING.
SO HE SAYS, WELL, WE'LL THE NEXT ONE? UM, TWO F IS GOING TO SHOW THAT THE, THE, THIS IS THE LEFT SIDE OF THE PROPERTY.
THE WATER TEMPERATURE IS NOT READING, UM, THE MINIMUM REQUIREMENTS.
UM, AND THIS IS JUST DUE TO, UM, A TANKLESS WATER HEATER THAT WAS IMPROPERLY INSTALLED, GO TO THE NEXT ONE.
FLEET TO G TO G IS GOING TO SHOW THIS IS A TANKLESS WATER HEATER THAT WAS IMPROPERLY INSTALLED.
AS YOU SEE IT HAS, UM, IT'S EXPOSED TO OPEN DRAFTS BOX AS WELL WITH, AS IT WAS IMPROPERLY INSTALLED.
INSTEAD OF NEXT ONE TO TWO H IS GOING TO SHOW INTERIOR ELECTRICAL WIRING, NOT PROPERLY SECURE.
THIS IS GOING TO BE ON THE BACKSIDE OF THAT GARAGE CONVERSION.
THAT'S WHAT WILL BE THE HALL? UM, THE NEXT ONE, TWO EYES GOING TO BE MISSING COVER PLACE.
THIS A SCREW OUT THE PROPERTY TO J IS THIS IS SHOWING THE REMOVAL OF A POSSIBLE LOW BEARING WALL THAT SEPARATES SIDE EIGHT FROM B.
UM, AS I STATED IN THE INITIAL, THIS WAS A DUPLEX AND THIS IS, UM, THE ENTRY RATE THAT THEY USE IN ACCESS TO THE HOUSE FROM BOTH SIDES.
IT'S COMPLETES MY PRESENTATION.
I'M OPEN FOR ANY QUESTIONS BECAUSE OF THE, THE THING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC IN THE PRACTICE NEEDS SINCE WAS UNSAFE CONDITIONS, THAT ASSETS AND LOOKING TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE NOTICE OF VIOLATION OWNERSHIP INFORMATION FROM THE TRAVEL PHYSICAL APPRAISAL DISTRICT NOTICES OF HEARING PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS.
[01:15:01]
TWO EIGHT TO TJ, WHICH ARE PHOTOGRAPHS OF A PROPERTY IN VIOLATION THAT ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE IN ORDER TO FOLLOW THEM WITHIN 45 DAYS FROM THE DATE, THE ORDERS, MAIL OBTAIN AND FINALIZE ALL NECESSARY PERMIT DECIDED VIOLATIONS TO THE RESIDENTIAL DUPLEX STRUCTURE, REQUESTING SECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.AND ON THE 46 DAYS, COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF A THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO RECRUIT.
SO THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND TRISHA WAS GREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENTS UNTIL PAID IN FULL COMMISSIONERS.
THANK YOU, MS. WRIGHT AND MR. DUMAS, I'M GOING TO ASK FELLOW COMMISSIONERS STILL HOLD THEIR QUESTIONS UNTIL AFTER WE'VE HEARD FROM THE PROPERTY REPRESENTATIVE AGAIN, JUST SO WE CAN SIMPLIFY THE PROCESS TONIGHT.
UM, SO DO WE HAVE A, SO VITRI SOLDANA AND SAM CORDOVA ON THE LINE THING? UM, THIS IS SAVITRI SALDANIA AND I WONDER, I APOLOGIZE.
MY HUSBAND'S SANFORD OVER NOT BE ONLINE WITH US.
HIS MOTHER'S GETTING THE EMERGENCY.
SO I LOOKED THROUGH THE BEST THAT I CAN HERE, UM, WITH EVERYTHING.
UM, SO BASICALLY, UM, THIS IS A HOME THAT WE'VE BEEN USING TO HELP PEOPLE COMING OUT OF PRISON.
SO YES, IT WAS IN USE AS A BOARDING HOME.
UM, WE DID GET ALL THE VIOLATIONS OF WHICH WE STARTED THE PUMP, ME ADDRESS THIS.
UM, WE DID PHASE ONE, WE DID ALL THE SAFETY, UM, ISSUES AND THE CLASS ISSUES.
UM, IN ADDITION TO FILING FOR A BUILDING PERMIT, WHICH TOOK A LONG TIME BECAUSE THERE WERE NO DRAWINGS ON THE HOUSE.
SO WE HAD TO GET ENGINEERING DRAWINGS ALL THE WAY THROUGH TO US MAKING A DECISION, WHETHER WE WANTED TO KEEP IT AS A SINGLE FAMILY OR BACK TO DUPLEX, CONVERTED BACK TO DUPLEX.
UM, SO THEY DID BARRAGE, WE CONVERTED BACK TO VARAGE, SO EVERYTHING WAS TAKEN THIS ASSEMBLED THERE, BUT THE BEDROOM, THE WALLS WERE REMOVED.
SO IT'S BACK TO THE ORIGINAL SPACE.
AND AS OF THIS DATE, THE DUPLEX, RIGHT NOW, WE'RE WAITING FOR A CITY INSPECTOR TO COME AND LET THAT THE FINAL PART OF THE FALL.
UM, HAVE YOU BEEN IN A LOT OF DELAYS BECAUSE WE GOT THE PERMIT ON THE 16TH OF MARCH AND A WEEK LATER, YOU HAD TO STAY AT HOME ORDERS, MY HOUSE, AND I BOTH SEE NAMES OR IMMUNE HIGH RISK.
AND SO WE WERE BEING VERY CAUTIOUS TO WHERE WE'VE ONLY HAD TO STEP DOWN THE WORK THAT WE WERE DOING, UM, ASSETS LISTED AT PRETTY MUCH.
WE STARTED TO DO SOME MORE WORK ON IT.
UNFORTUNATELY, OUR GRANDKIDS, WE GOT EXPOSED, UM, THEIR COVID.
SO WE SELL QUARANTINE THIS AND WAS ABLE TO DO ANYTHING.
SO WE IT'S REALLY BEEN VERY, VERY DIFFICULT TO DO IT, BUT WE'VE BEEN DOING EVERYTHING WE CAN TO MOVE FORWARD IN THERE AT THIS POINT IN TIME.
UM, THE MAIN THING IS THAT WE'RE WAITING FOR INSPECTION AND IT'S WHERE THE PROBLEM THAT WE'VE HAD RIGHT NOW IS TRYING TO FIND A PLUMBER THAT WOULD BE ABLE TO HELP US TO PULL A PERMIT, TO BE ABLE TO TAKE CARE OF THE TANKLESS, THE PROBLEMS, AND HAVING THE INF THE CONTRACTORS ARE SAYING THAT BECAUSE THE TANKLESS IS ALREADY STALLED, THEY DIDN'T WANT TO TAKE THE LIABILITY ON WHICH I DON'T WANT TO QUITE UNDERSTAND THAT, BUT THEY WERE JUST SAYING THE JOB WAS TOO SMALL AND THEY REALLY DIDN'T WANT TO DO IT.
SO WE ARE HAVING A DIFFICULT TIME TRYING TO FIND THE PLUMBER THAT WILL BE ABLE TO DO THIS JOB OVER A YEAR.
UM, WE BELIEVE AT THIS STAGE OF THE GAME, UM, THAT EVERYTHING SHOULD BE COMPLETED WITH IT, YOU KNOW, ONE TO TWO WEEKS PENDING FOR THE CITY OF AUSTIN WHEN THEY DO THE INSPECTIONS AND SO FORTH WITH THE EXCEPTION OF THE PROMISE THAT WE STILL HAVE TO BE ABLE TO GET THE RIGHT PLUMBER TO THE, HAVE TO GO THROUGH AND DO THIS, UM, TANKLESS SITUATION OVER HERE.
UM, I THINK THAT, UH, PRETTY MUCH IS WHAT WE HAVE HERE.
SO I GUESS I'LL JUST ASK QUESTIONS OR ANSWER QUESTIONS.
SO I DID, UM, DO EXHIBIT ONE, TWO AND THREE, WHICH IS MY SUMMARY.
I JUST SAID, UM, I WENT AHEAD AND NIGHT, UM, PUT, SUMMARIZE ALL OF THE VIOLATIONS ON ONE SHEET AND TO TRY TO GET SOME SENSE OF WHAT WE WERE DOING, WHERE WE WERE PROGRESS WISE, AND THEN I'VE ATTACHED A COPY OF THE
[01:20:01]
PERMIT.AND WHILE I'M THINKING OF IT, I'M GOING TO GO AND ADMIT THE PROPERTY OWNER'S EXHIBITS ONE, TWO, AND THREE, AND I WILL ADMIT STAFFS EXHIBITS ONE AND TWO, A THROUGH TWO J.
DO YOU HAVE QUESTIONS OF STAFF AND, OR THE PROPERTY REPRESENTATIVE? YES.
I DO HAVE A QUESTION FOR THE, UH, THE OWNERS.
UM, AS FAR AS THAT TANKLESS WATER HEATER, UH, WHO DID THE WORK AND DID, WAS THERE ANY KIND OF WARRANTY ON IT OR ANY KIND OF, UH, OH, I'M SORRY.
THIS IS DAN PROBABLY ABOUT SIX YEARS AGO.
AND I DON'T THINK THAT IT WAS A WARRANTY ON IT WITH SOMEONE THAT WE GOT WAS A, IT WASN'T A LICENSED PLUMBER THAT DID IT TO THE BEST OF MY KNOWLEDGE.
SO I THOUGHT MAYBE THERE WAS A LITTLE BIT OF WARRANTY SOMEWHERE ALONG THE LINES THAT COULD HELP ADDRESS THAT IF IT'S SIX YEARS AGO, PROBABLY THE WARRANTY ALREADY EXPIRED.
THIS IS COMMISSIONER FRYBERGER.
I HAVE A QUESTION FOR CODE OFFICER DUMAS.
SO, SO THE QUESTION IS, UM, YOU HAD MENTIONED THAT THERE WERE PERMITS THAT DO SHOW UP IN THE CITY SYSTEM.
UM, SO IS IT THAT ALL, ALL OF THE VIOLATIONS HAVE NOW HAD PERMITTED PERMITS PULLED WITH THE EXCEPTION OF THE PLUMBING PERMIT? IS THAT CORRECT? PERMITS, PERMITS ALL COAL.
UM, THE BUILDING PERMIT IS PULLED AND IT'S ACTIVE, BUT, UM, THE LAST TIME I WAS ON THE PROPERTY, NO WORK HAS BEEN DONE.
AS YOU SEE IN THE PHOTOS, THE SIDING HAS NOT BEEN ADDRESSED.
MULTIPLE THINGS HAVE NOT BEEN ADDRESSED.
UM, THE PERMIT ITSELF, UM, I GUESS IT WAS A OVERALL PERMIT AND THEY OBTAIN EACH ONE, WHICH IS THE ELECTRICAL, THE MECHANICAL AND THE PLUMBING PERMIT AS WELL.
UM, THE PERMIT IT STATES, UM, TO MODIFY THE HOME ITSELF.
UM, OR, ALRIGHT, SO I'M TRYING TO READ THEM.
SO THE PERMIT ITSELF, WHICH IS THE BUILDING PERMIT, IT SAYS AS FOR INTERIOR REMODEL TO UNDO PERMANENT CONVERSION WORK, TO INCLUDE GREEK BERT DWELLING INTO HIS ORIGINAL LAYOUT AS A DUPLEX.
THAT'S WHAT THE BUILDING PERMIT IS.
NO OTHER PERMITS HAVE, HAS BEEN ACTIVATED.
AND IT IS SEPARATE FROM, IT WOULD BE REQUIRED TO DO THE EXTERIOR REPAIRS TO THE SIDING.
YES, BECAUSE THAT CORRECT IN THIS ONE AND THIS ONE, IT STATES NOTHING ABOUT THAT SIDING IN THIS PERMIT FOR THAT BUILDING PERMIT.
UM, WE HAD CHAIR THIS
I THINK TWO PEOPLE WERE TALKING ON TOP OF EACH OTHER.
I APOLOGIZE, MS. MS. SALDANA, IF YOU COULD REPEAT YOURSELF AND THEN WHEN SHE'S FINISHED MISS, RIGHT.
IF YOU COULD SAY WHAT YOU WERE SAYING.
UM, I WOULD BE HAD THE CITY INSPECTOR COME OUT WHEN WE DID THE WALKTHROUGH WITH THE PERMIT AND WE SHOWED HIM WITH THE FIGHTING AND HE TOLD US WHAT WE NEEDED TO DO.
AND AS OF RIGHT NOW, IF THE ALL DECIDING HAS BEEN REPAIRED, IN FACT, WE DIDN'T JUST DO FOR THE ONE PART.
WE JUST DID IT COMPLETELY AROUND THE WHOLE DUPLEX.
AND HE IS SUPPOSED TO BE COMING OUT TO DO EACH SECTION SOMETIME THIS WEEK.
SO THE SIDING HAS BEEN REPLACED OR REPAIRED.
AND SORRY, I'M, I'M, I'M UNCLEAR WHO IS COMING OUT TO DO AN INSPECTION THE
[01:25:01]
CITY.BUT IT SOUNDS LIKE THERE IS NOT A PERMIT THAT ACTUALLY ALLOWS THE CITING WORK TO BE DONE UNDERNEATH IT RIGHT NOW IS THAT THIS IS WHERE I'M CONFUSED.
IT WAS OUR UNDERSTANDING WHEN THE CITY CAME OUT AND HE DID THE INITIAL WALKTHROUGH, THAT WAS ALL INCLUDED IN THE BUILDING PERMIT.
UM, MS. WRIGHT, DID YOU HAVE SOME INFORMATION THAT YOU WANTED TO SHARE AS WELL? YEAH.
I JUST WANTED TO CLARIFY A LITTLE BIT.
IT SOUNDED TO ME LIKE, UM, UM, I THINK WE ACTUALLY NEED TO PULL UP THAT BUILDING PERMIT AND BREED THE SCOPE BECAUSE I DON'T THINK THAT ALL OF THE SCOPE OF THE REPAIRS IS INDICATED ON THAT BUILDING PERMIT TYREE, IF YOU COULD PLEASE ACCESS THAT BUILDING FROM IT, AMANDA, AND READ WHAT THE SCOPE ENTAILS SO WE CAN MAKE SURE IT IS COVERING ALL OF THE REPAIRS.
THAT'S BEEN CITED IN THE NOTICE OF VIOLATION.
THE DISPERSION IS INTERIOR REMODEL TO UNDO ON PERMANENT CONVERSION.
WORKDAY INCLUDE RECONVERT THE DWELLING TO HIS ORIGINAL LAYOUT.
AS THE DUPLEX UPGRADES INCLUDE MINOR ELECTRICAL PLUMBING AND MECHANICAL WORK.
THEY SAY ANYTHING, NOTHING ABOUT THE SITE.
IT WAS MY UNDERSTANDING THAT THE BUILDING PERMIT WOULD ALSO INCLUDE, THERE MIGHT BE AN ISSUE THAT WE CAN NOT RESOLVE TONIGHT AT THIS MEETING.
THE ISSUE OF WHETHER OR NOT THE SIDING WAS INCLUDED IN THAT BUILDING PERMIT.
BUT I DO BELIEVE THERE IS PLENTY OF INFORMATION HERE FOR THE COMMISSION TO CONSIDER THIS CASE OTHERWISE.
SO, UM, I, I AM HOPEFUL THAT THE PROPERTY REPRESENTATIVE AND CODE OFFICERS CAN WORK OUT.
WHAT'S INCLUDED IN THAT PERMIT AND WHAT'S NOT.
AND, UM, OUR, OUR PRIMARY FOCUS IS ON GETTING, GETTING THE PROPERTY REPAIRED.
THANK YOU FOR ALL OF THAT INFORMATION.
UH, OTHER COMMISSIONERS, DO YOU HAVE QUESTIONS FOR STAFF OR FOR MISSILE DONNA? WOULD ANYONE, WOULD ANYONE LIKE TO MAKE A MOTION? SO I WOULD LIKE TO REMIND THE COMMISSIONERS THAT HIS CHAIR, I AM UNABLE TO MAKE A MOTION.
THIS IS COMMISSIONER MANGRUM, I'LL GO AHEAD AND MAKE A MOTION SO THAT WE CAN MOVE THE DISCUSSION ALONG.
I'LL MAKE A MOTION THAT WE GO AHEAD AND ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE RECOMMENDED ORDER BY CITY STAFF ALL SECOND.
I THINK MY CONCERN WOULD JUST BE THE TIMEFRAME THAT 45 DAYS IS, IS PRETTY TIGHT.
UM, THAT'S, THAT'S REALLY MY ONLY CONCERN.
[01:30:05]
I AGREE.IT MIGHT BE TIGHT, BUT THIS WAS ALSO BEEN, UM, THESE VIOLATIONS HAVE BEEN PENDING FOR NEARLY A YEAR.
SO, UM, DID YOU HAVE ANY TIME IN MIND, A DIFFERENT TIME PERIOD? I PROBABLY WOULDN'T BE A MINIMAL TO ANYTHING MORE THAN 60 DAYS, BUT, UH, I BELIEVE ACTUALLY THE PROPERTY REPRESENTATIVE HAD REQUESTED 60 TO 90 DAYS.
SO, UM, I WOULD, WOULD YOU ACCEPT A FRIENDLY AMENDMENT TO THAT TO DATE? I WOULD
ANY OTHER DISCUSSION FROM COMMISSIONERS? SO I THINK THAT'S A MORE REASONABLE AMOUNT OF TIME TO BE ABLE TO GET THE PLUMBERS IN AND EVERYTHING WITH THE AMENDED TIME WITH THE 60 DAYS.
I'M GOING TO GO AHEAD AND CALL THE QUESTION.
SO ALL IN FAVOR OF THE MOTION THAT IS BEFORE US, WHICH IS TO ADOPT STAFF'S RECOMMENDED ORDER, BUT, UH, TO REVISE THE TIMEFRAME 60 DAYS IDIOT, ANY OPPOSED? OKAY.
UM, SO THE, A COPY OF THE ORDER WILL BE MAILED OUT TO THE PROPERTY OWNER.
AND IF YOU QUESTIONS, PLEASE GET WITH CITY STAFF TO GET THOSE ANSWERED.
AND CAN I SAY WHEN THINGS GO SOUTH ANNA? UM, MY ADDRESS I THINK IS INCORRECT.
I THINK IT'S PO BOX TWO SIX THREE, TWO SIX THREE.
I THINK THAT'S TWO, FIVE, THREE ON THERE.
I HAVEN'T BEEN GETTING THAT MISS ALLIE.
ARE YOU, ARE YOU GETTING THAT? CAN YOU REPEAT THAT? IT'S FEEL BOX ONE EIGHT ZERO TWO SIX THREE.
[1. Case Number: 2015-015415 Property address: 1198 Angelina Street / Owner: Isom B. Bradley, Jr. Staff presenter: Farah Presley, Austin Code Department Previous Commission Action: BSC Order issued for repair on March 25, 2015]
IF YOU COULD, IT GOES BACK TO ITEM NUMBER ONE ON THE STREET, PLEASE.ITEM NUMBER ONE ON THE AGENDA CASE NUMBER 2015 ZERO ONE FIVE FOUR ONE FIVE IS REGARDING A SINGLE FAMILY RESIDENTIAL STRUCTURE LOCATED AT ONE ONE NINE EIGHT ANGELINA STREET, AND IS RETURNING TONIGHT REGARDING PENALTY RELIEF REFERENCE DOCUMENTS FOR THIS CASE CAN BE FOUND IN THE MOTH COLORED BOOK IN YOUR GOOGLE DRIVE FOLDER.
THE TRAVIS TRAVIS COUNTY APPRAISAL DISTRICT DISTRICT RECORDS, OWNER OWNER'S DAUGHTER.
CHERYL BRADLEY IS HERE TONIGHT TO REPRESENT THE PROPERTY.
THE COMMISSION FIRST HEARD THIS CASE ON MARCH 25TH, 2015.
AN ORDER WAS ISSUED FOR REPAIR WITHIN 60 DAYS, DEPENDING ON IF $220 PER WEEK TO ACCRUE ON THE 61ST 61ST DAYS, COMPLIANCE IS NOT MET.
THE CASE CAME INTO COMPLIANCE ON AUGUST SEVEN, 2017 AFTER CREWING UNPAID PENALTIES, TOTALING $23,130 TONIGHT, THERE ARE NO DIVOTS TO PRESENT IN YOUR GOOGLE DOCS FOLDER.
YOU'LL FIND REFERENCE DOCUMENTS, WHICH INCLUDE COPIES OF THE MARCH 25TH, 2015 ORDER, A FINAL PENALTY STATEMENT.
THEY NOTICE THIS FOR TONIGHT, SHARING POSTING PHOTOS AND PHOTOGRAPHS TAKEN BOTH BEFORE AND AFTER THE REPAIRS WERE COMPLETED.
AUSTIN CODE INSPECTOR FOR PRESLEY IS THE CODE INSPECTOR CURRENTLY ASSIGNED TO THIS CASE.
TONIGHT SHE'LL PRESENT A BRIEF CASE SUMMARY, INCLUDING THE PRE AND POST COMPLIANCE PHOTOS AND IS AVAILABLE TO ANSWER ANY QUESTIONS.
YOU MAY HAVE A STAFF INSPECTOR PRESLEY, PLEASE BEGIN YOUR TESTIMONY.
I'M A CODE OFFICER WITH THE LEGAL DIVISION AT AUSTIN CODE.
I'LL BE PRESENTING THE CASE ON 1198 ANGELINA STREET.
THIS CASE ORIGINATED FROM A COMPLAINT ON JULY 17TH OF 2014.
THIS CASE CAME IN AS A DILAPIDATED AND UNSANITARY CONDITIONS RESIDENCE.
THIS CASE WAS BROUGHT TO BSC ON MARCH 25TH OF 2015 ON AUGUST 7TH, 2017 CODE WENT OUT TO THE ADDRESS AND PERFORMANCE SECTION TO SEE IF ALL VIOLATIONS WERE STILL ACTIVE.
AT THE TIME OF THIS INSPECTION, ALL VIOLATIONS THAT WENT TO BSC HAD BEEN REPAIRED.
THE PROPERTY OWNER IS ASKING TO BRING THIS
[01:35:01]
CASE BACK FOR PENALTY RELIEF.WE HAVE A FEW BRIEF PHOTOS OF PRE-COMPLIANCE THEN COMPLIANCE PHOTOS TO GO THROUGH.
THIS IS JUST THE FRONT OF THE PROPERTY.
THE ADDRESS, THIS WAS ONE OF THE MAIN CONCERNS WAS THE RAMP UP TO THE HOUSE.
ALL THE RAIL LINES WERE MISSING.
THE CAR PORT WAS FALLING IN ON THE ROOF.
UM, ALL THE MAIN, NOT THE MAIN STRUCTURE, BUT ALL THE WOOD IN BETWEEN AND THE FLOOR BELIEVED THE TOILET HAD A LOT OF WATER DAMAGE AND IT WAS COMPLETELY ROTTEN.
THEY ALSO HAD SOME HOLES IN THE SHEET ROCK.
AND THIS WAS AFTERWARDS ON THE DATE OF, UM, THIS IS A FRONT CONTEXTUAL PICTURE OF THE HOME.
THIS IS THE TOILET OR THE FLOOR HAS BEEN REPAIRED.
IS THERE A NEXT PICTURE? THAT'S IT? I THINK THAT'S IT.
AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
SO WE DO HAVE, UH, THE OWNER'S REP ON THE LINE.
CHERYL BRADLEY, IS THAT CORRECT? YES, SHE DO.
I WAS HOPING TO SEEK, UH,
I HAVE IN FACT, HAVE NOT BEEN SENT OUT MUCH OF ANY INFORMATION OVER A FIVE YEAR PERIOD WHEN I SPOKE TO INVESTIGATE A RIGHT THAT'S WHEN I BECAME AWARE THAT THEY HAD CLOSED THE CASE AND, UH, VERY LITTLE COMMUNICATION, IF ANY HAS HAPPENED OVER A PERIOD OF FIVE YEARS, I THINK THE LAST PERSON I SPOKE TO, WELL, I DIDN'T EVEN SPEAK TO HIM.
HE CAME TO THE HOUSE, HIS LAST NAME WAS YELLOW.
I GOT NO RESPONSE TO HIS EMAIL WAS, UH, ON THE CARD.
I EMAILED HIM, I GOT NO RESPONSE.
AND TO THIS DAY I HAVE NOT HAD ANY RESPONSE.
AND SO IT'S JUST BEEN ONE OF THOSE THINGS WHERE YOU'RE JUST WAITING FOR THE SHOE TO FALL, UH, NOT KNOWING ANYTHING AT, AND I DID NOT, UH, I WASN'T AWARE OF, OF THAT.
THERE WAS A PENALTY AND I DEFINITELY WASN'T AWARE IF I'M NOT MISTAKEN.
I DEFINITELY WASN'T AWARE OF THAT.
AND SO I AM HOPING TO HAVE PENALTY, UH, GET PENALTY RELIEF ON THAT, UH, BECAUSE THERE'S BEEN A SERIES OF INACTIONS FOR A PERIOD OF FIVE YEARS AND THAT'S ALL I HAVE.
UM, I'M SURE MY FELLOW COMMISSIONERS WILL HAVE QUESTIONS TOO.
UH, MY QUESTION FOR YOU IS WHERE YOU, IT SOUNDS LIKE YOU WERE, WAS IT YOUR FATHER WHO USED TO OWN THIS OR MOTHER WHO USED TO OWN THIS PROPERTY? MY PARENTS, IT WAS MY PARENTS.
SO WERE YOU INVOLVED WITH THE PROPERTY WHEN THE REPAIRS WERE BEING DONE? YES.
IN FACT, MY DAUGHTER PAID FOR THE REPAIR.
DO YOU HAPPEN TO KNOW ROUGHLY HOW MUCH WAS SPENT ON THE REPAIRS AT THAT TIME? UH, TOTALLY.
I THINK IT CAME TO ABOUT $1,500 BECAUSE, UH, THE PEOPLE WHO PAIRED IT ACTUALLY REPAIRED THE RAMP FREE AND, UH, THEY, UH, PAY, THEY REPAIRED THE BATHROOM, BUT THE RAMP, THEY DID SUFFER.
AND THEN WITH THE CARPORT AND THE ROOF THAT CAME TO ABOUT $600.
SO SOMEWHERE AROUND 2100, PERHAPS THE ACTUAL COST OF REPAIRS, DOES THAT SOUND ABOUT, RIGHT.
[01:40:01]
WERE DONE, IS THAT WHEN YOU WERE SAYING YOU, DID YOU CALL THE CITY TO COME BACK AND MAKE AN INSPECTION? WELL, ACTUALLY THERE WAS A, UH, A YOUNG LADY THAT WORKED IN THE CODE COMPLIANCE AND I'M NOT PARTICULARLY SURE.I THINK HER, UH, TITLE HAD A THINK OF AS A LIAISON.
AND SO SHE KEPT IN CONTACT WITH ME.
SO WHAT SHE DID IS SHE TOLD ME TO SEND HER PICTURES OF EVERYTHING THAT HAD BEEN DONE.
AND, UH, BECAUSE SUPPOSEDLY THERE WAS SUPPOSED TO BE AN INSPECTION.
AND SO SHE SAID THAT SHE WOULD TAKE CARE OF THAT BECAUSE IT WOULD HAPPEN FASTER IF SHE COULD, UH, IF SHE WOULD GOT, IF SHE GOT IN CONTACT, UH, WITH THE INSPECTORS TO COME IN AND INSPECT EVERYTHING.
SO I SENT HER ALL OF THAT INFORMATION AND, UH, TO BE HONEST, I DID EVERYTHING THAT THEY ASKED ME TO DO.
AND DO YOU KNOW APPROXIMATELY WHEN THOSE, THOSE REPAIRS WERE COMPLETE, THAT YOU SENT THOSE PHOTOS? I KNOW THIS IS MANY YEARS AGO.
AND I ACTUALLY KEPT THE PHOTOS ON MY PHONE UP UNTIL THE TIME THAT I DROPPED MY PHONE IN WATER AND I NO LONGER HAVE THE PHONE, BUT I WAS TRYING TO MAKE SURE I KEPT EVERYTHING.
UH, UH, ANY COMMUNICATION THAT I HAD WITH THE CITY OF AUSTIN.
I TRIED TO KEEP EVERYTHING, BUT IT WAS ALL LOST ON MY PHONE.
UH, I DO KNOW THAT AT THAT TIME, I THINK THE CODE COMPLIANCE DIRECTOR, UH, WAS EITHER CALL SHARP, UH, CALL SMART.
AND, UH, THERE'S ONE OF THE TWO.
AND, UH, HE HAD, UH, WHEN I WENT DOWN, WHEN I WENT TO, UH, TO THE HEARING THE VERY FIRST TIME, UH, I HAD A VERY UNSAVORY CODE COMPLIANCE OFFICER AND I ASKED FOR A NEW ONE AND HE ASSIGNED A NEW CODE COMPLIANCE OFFICER.
AND THEN HE ALSO GAVE ME AN EXTENSION TO COMPLETE THE REPAIRS.
THE REPAIRS WERE COMPLETED WITHIN THAT EXTENSION.
AND I WOULD LOVE TO TELL YOU, I REMEMBER THE DATE, BUT IT WAS QUITE A LONG TIME AGO, BUT THE CO BUT THE, UH, VIOLATIONS WILL COMPLETE IT WITHIN, UH, THE EXTENSION THAT HE HAD GIVEN ME.
AND THAT'S IN DURING THAT TIMEFRAME IS WHEN YOU THEN SENT THE PHOTOS TO SOMEONE AT AUSTIN CODE.
YEAH, BUT SHE WOULDN'T HELP WITH THE, UH, THE INSPECTORS COMING OUT AND THAT'S HOW I THINK SHE WAS THE LIAISON.
UM, I'M GOING TO TURN THIS OVER TO MY FELLOW COMMISSIONERS AND SEE IF THEY HAVE ANY QUESTIONS.
UM, I WONDER IF, UM, INSPECTOR PRESLEY CAN JUST GO THROUGH KIND OF THE TIMELINE THAT THE CITY HAS FOR WHEN AND HOW THAT, HOW WE GOT TO THAT 23,000 FIGURE MARLENA.
DO YOU WANT TO TAKE THAT OR DO YOU WANT ME TO ANSWER? I CAN.
I CAN, UH, YOU CAN DEFER THAT QUESTION TO ME.
UH, THERAPY WOULD LIKE, UM, COMMISSION.
THIS IS MARLENE WRIGHT WITH THE AUSTIN CODE DEPARTMENT.
SO THIS WAS PART OF OUR PHASE TWO HDSC CASES.
WE HAD CONDUCTED SOME RESEARCH ON, UH, WE JUST, I DON'T HAVE REALLY TOO MUCH TESTIMONY TO PROVIDE, IS IT, THERE'S JUST NOT ENOUGH INFORMATION IN THE CASE FOR ME TO PROVIDE ANYTHING, THE ONLY ENTRIES IN THE CASE THAT I CAN PROVIDE YOU IS, UM, THAT THE COMMISSION TOOK PLACE ON MARCH 25TH, 2015, BUT WE DON'T HAVE ANY FOLLOWUP VISITS OR ANY COMMUNICATION.
THE, THE, UH, UNFORTUNATELY THE CASE JUST WENT BLANK UNTIL AUGUST 7TH OF 2017 WHEN AN INSPECTOR CLEARED HER, UM, UM, OH, THE BSC VIOLATION.
SO THAT WAS THE ONLY DATE THAT WE COULD USE FOR COMPLIANCE.
BUT UNFORTUNATELY I DON'T HAVE ANY MORE INFORMATION OTHER THAN THAT, BECAUSE THE CASE IS NOT HAVING THE INFORMATION.
THANK YOU, INVESTIGATOR RIGHT.
DOES THAT ANSWER YOUR, WE HAVE, WE HAVE THE DATE, THE PENALTIES START AND WHEN THEY ENDED, BUT WHEN WAS THE CASE FIRST HEARD THAT WAS SOMETIME IN MARCH, OR
[01:45:01]
I'M JUST THINKING IF THIS PENALTY STATEMENT JUST HAS THOSE TWO DATES, BUT IT DOESN'T HAVE WHEN THE CASE, WHEN THE ORDER WAS GIVEN FOR THE REPAIRS TO BE DONE, I ASSUME IT WAS THE 60 DAYS BEFORE THAT OR SOMETHING, BUT WE DON'T HAVE ANY DOCUMENTATION OF THAT.SO THE CASE WAS HEARD ON MARCH 25TH, 2015, AND THE SAME RULES STILL APPLY THAT WE WOULD HAVE 10 DAYS TO GET THE ORDER OUT AND POSTED ON THE PROPERTY FOR THAT TIMEFRAME TO BEGIN.
SO JUST BASED ON THAT LOGIC, THEN SOMEWHERE AROUND MAYBE EQUAL FIFTH ORDER WOULD HAVE COME INTO EFFECT.
AND ON THE 61ST DATES FROM AROUND APRIL 5TH, THE ORDER WOULD HAVE EXPIRED.
UM, BUT WE JUST, I DON'T HAVE ANYTHING THAT, UH, THERE WAS A FOLLOWUP AT THAT TIME.
AND SO JUST SO I UNDERSTAND IT AND THEN FOLLOW UP.
AND THEN AT A LATER POINT, UH, SOMEBODY WENT OUT TO THE SITE AND THEY WERE CLEARED OF VIOLATIONS.
IS THAT WHEN YOU SAID THE VISITOR WAS LIKE TWO YEARS LATER, RIGHT.
FOR ME LIKE THAT IS THAT 2017.
SO IN THOSE INTERVENING TWO YEARS, I ADDRESSED ALL THE THINGS THAT THE COMMISSION WANTED THEM TO ADDRESS.
AT SOME POINT DURING THOSE TWO YEARS, THEN WE CAN INFER THAT ALL OF THE OBSERVATIONS IN THE ORDER WERE ADDRESSED AND CORRECTED.
UNFORTUNATELY, WE'RE GOING TO HAVE TO RELY ON THE TESTIMONY ON THE OWNER FOR THAT.
COMMISSIONER FERRARA, IF I COULD TRY AND REPEAT WHAT I HEARD FROM YOU.
SO I BELIEVE COMMISSIONER FERRERA WAS JUST ASKING THAT SOMETIME BETWEEN WHEN THE, VFC HEARD THE CASE IN MARCH OF 2015 AND WHEN THE INSPECTION HAPPENED IN 2017, THE SUMMER OF 2017, WE CAN ASSUME THAT ALL OF THE VIOLATIONS WERE CLEARED UP BECAUSE NOTHING WAS IN VIOLATION DURING THAT INSPECTION DURING THE SUMMER OF 2017.
IS THAT CORRECT? THAT IS CORRECT.
THANK YOU, COMMISSIONER FOR, LET ME KNOW IF I MISSED ANYTHING.
DO WE HAVE ANY OTHER QUESTIONS FROM LUKE COMMISSIONERS? UM, DOES ANYONE WHO TO MAKE A MOTION? DO WE WANT TO NOT MAKE A MOTION FOR SOMETHING LIKE THIS HAS HAPPENED? WE COULD LOOK TO, TO SEE HOW IT WAS DEALT WITH.
WE DO ACTUALLY HAVE A NUMBER OF CASES THAT, UM, CAME TO US A COUPLE OF MONTHS AGO THAT, UH, THEY WERE AGED CASES AND, UM, STAFF BASICALLY HAD LOST ANY KIND OF THE TRAIL OF THERE WAS NO DOCUMENTATION OR VERY LITTLE DOCUMENTATION, OR PERHAPS THE LACK OF OUTREACH.
UM, AND, UH, I'M SORRY, I DON'T REMEMBER IF YOU WERE AT THAT MEETING, IT WOULD HAVE BEEN TWO OR THREE MONTHS AGO NOW.
NO, I WAS, WAS THAT SIMILAR VINTAGE IN TERMS OF THE TIME PERIOD WHEN THAT HAPPENED INVESTIGATOR, RIGHT.
IF YOU COULD REPEAT THAT, I'M JUST GETTING SOME FEEDBACK.
SO I JUST WANT TO MAKE SURE I HEARD THE QUESTION CLEARLY.
UM, MY QUESTION WAS THE CASES THAT WE HEARD A FEW MONTHS AGO, WHERE THERE WERE A WHOLE BUNCH OF OLD CASES THAT WE CLOSED OUT WHERE THOSE OLDER THAN THIS, OR WERE THEY A SIMILAR TIME PERIOD? THOSE WERE OLDER THAN THAT.
SO WE HAD A THREE STAGE ASSESSMENT.
THE BSC PROGRAM, THE CASES YOU HEARD A COUPLE OF MONTHS AGO WERE FROM PHASE ONE.
THIS IS THE ONLY CASES PHASE TWO THAT WE HAVE THAT IS LIKE OUR PHASE
[01:50:01]
ONE THAT JUST THE LEADER IN CASE WITH NO DOCUMENTATION.UM, CAN YOU HEAR ME I'M? I MEAN, I'M, I I'M LEANING TOWARDS GRANTING RELIEF.
WE DON'T KNOW WHETHER THESE WERE CORRECTED ON CLOSER TO THE 60 DAYS OR THE TWO YEARS, BUT WE DID KNOW THAT EVERYTHING THAT WAS AN ISSUE IS CORRECTED.
UM, AND THERE'S REALLY NO PAPER CRADLE TO, YOU KNOW, HOLD OVER, UH, THIS CASE.
SO I'M INCLINED TO GRANT RELIEF.
I TEND TO AGREE WITH COMMISSIONER FERERA ON THIS ONE.
UM, ANYONE ELSE WANT TO WEIGH IN? ANYONE ELSE WANT TO MAKE A MOTION? I THINK I AGREE WITH HER AS WELL.
I'D MAKE A MOTION, BUT I DIDN'T HAVE MY CHEAT SHEET IN FRONT OF ME TOO, BUT WHY DON'T YOU TRY IT ANYWAY, WE'LL HELP YOU OUT.
I MADE THE MOTION TO, UH, TO, UH, I GUESS, FORGIVE WHATEVER THE PENALTY IS ON THIS CASE.
UM, SINCE EVERYTHING HAS BEEN CORRECTED, WE MIGHT ACTUALLY NEED SOME HELP FROM MR. CARRERA.
I THINK THE MOTION WOULD BE TO, I THINK THE MOTION WOULD BE TO REVISE THE EXISTING ORDER TO REDUCE ALL THE PENALTIES TO ZERO.
IT MUST'VE BEEN THE STATIC OR ASSISTANT CITY ATTORNEY.
I'M ALSO, YOU MAY WANT TO ADDRESS INTERESTS.
THAT'S ALREADY EXISTING PENALTIES PLUS INTEREST.
I WILL SECOND THAT ANY FURTHER DISCUSSION, I'LL GIVE YOU A MINUTE TO ME KNOW IF THEY WOULD LIKE TO DISCUSS AND THEN I'LL RESTATE IT.
SO THE MOTION IS TO, UM, REVISE THE BUILDING STANDARDS COMMISSION, PREVIOUS ORDER TO REDUCE ALL PENALTIES AND ACCRUED INTEREST.
ANY OPPOSED? OKAY, SO MOTION CARRIES.
UM, IF WE DID THAT CORRECTLY, UH, MS. BRADLEY.
AND I'D REALLY LIKE TO SAY A THANK YOU TO INVESTIGATE A RIGHT.
I THINK SHE WAS VERY FAIR AND VERY THOROUGH.
AND I THANK HER SO MUCH, UH, FOR HELPING TO CLOSE THIS.
I REALLY APPRECIATE ALL OF YOU.
THANK YOU FOR YOUR TIME THIS EVENING.
[4. Staff Briefing regarding status of the Repeat Offender Program Presenter: Matthew Noriega, Austin Code Department]
NUMBER FOUR, TRACK WITH ITEM NUMBER FOUR.THE LAST ITEM ON THE AGENDA IS A STAFF BRIEFINGS REGARDING THE CURRENT STATUS OF THE REPEAT OFFENDER PROGRAM, ACTING DIVISION MANAGER.
MATTHEW NORIEGA IS HERE TONIGHT WITH A PRESENTATION ON THIS TOPIC AS PER YOUR REQUEST AT LAST MONTH'S MEETING.
MR. NORIEGA, ARE YOU ON THE LINE? ALRIGHT, YOU'RE READY.
THE EVENING OF OFFICER NORIEGA.
I ACTUALLY HAVE A QUESTION WHERE WE'D BE ABLE TO SEE THIS.
OH, I SEE IT NOW IN OUR, IN OUR, OKAY.
WE WILL BE ABLE TO SEE YOUR PRESENTATION.
SO THE POWERPOINT PRESENTATION, THIS IS THE SHOWING, UH, AS A, AS I MENTIONED, MY NAME IS MATTHEW ZODIAC.
I AM THE INTERIM DIVISION MANAGER FOR THE AUSTIN CODE DEPARTMENT, REPEAT OFFENDER PROGRAM.
[01:55:01]
AND I JUST WANT TO THANK YOU FOR THE OPPORTUNITY, THE OPPORTUNITY TO PROVIDE AN UPDATE FOR THE SUSPENSION REPUTATION FOR THE REPEAT OFFENDER PROGRAM.I DON'T WANT TO GO INTO TOO MUCH HISTORY ON THE PROGRAM.
MANY OF YOU MAY BE FAMILIAR WITH THE REPEAT OFFENDER PROGRAM, BUT, UH, THE NEXT SLIDE JUST SHOWS, UH, HOW ONE QUALIFIES FOR THE REPEAT OFFENDER PROGRAM.
IT WAS CREATED IN 2013, IT'S A RENTAL REGISTRATION PROGRAM, CORE PROPERTIES WITH MULTIPLE CODE VIOLATIONS.
AND THIS IS TO ENSURE RENTERS ARE LIVING AT PROPERTIES THAT MEET MINIMUM HEALTH AND SAFETY STANDARDS.
THIS IS UNDER THE INTERNATIONAL PROPERTY MAINTENANCE, SO WHICH IS ADOPTED BY THE CITY OR CITY OF AUSTIN.
SO ONE, ONE IS REGISTERED UNDER THE PROGRAM.
THEY ARE REQUIRED TO MEET CERTAIN CRITERIA, CERTAIN, UH, REQUIREMENTS, AND, UH, THE WAY THAT THEY QUALIFY THROUGH THE REPEAT OFFENDER PROGRAM CRITERIA, WHICH IS A TWO, FIVE, TWO.
AND AS SUCH, YOU CAN SEE ON YOUR, UH, ON YOUR SCREEN THERE THAT IF, UH, YOU HAVE TWO VIOLATIONS WITHIN THE LAST TWO YEARS OF THE 24 MONTH, 24 MONTH PERIOD, AND YOU FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME REQUIRED BY THE CODE OFFICIAL.
THIS IS ONE OF THE QUALIFIERS FOR, TO BE UNDER THE REPEAT OFFENDER PROGRAM.
IF YOU HAVE FIVE VIOLATIONS ISSUED ON SEPARATE DAYS FOR THE SAME PROPERTY WITHIN A 24 MONTH PERIOD, ALSO, REGARDLESS OF WHETHER THE VIOLATION WAS CORRECTED OR NOT, THIS IS ALSO A QUALIFIER OR TWO OR MORE CITATIONS ARE ISSUED FOR THE SAME PROPERTY WITHIN A 24 CONSECUTIVE MONTHS.
SO THESE ARE THE THREE CRITERIA THAT ONE CAN QUALIFY OR BE UNDER THE REPEAT OFFENDER PROGRAM.
ONCE YOU'RE UNDER THE PROGRAM WHERE YOU ARE, THERE ARE CERTAIN RESTRICTIONS PAY A REGISTRATION FEE, WE CONDUCT PERIODIC INSPECTIONS.
THERE ARE, THERE ARE CERTAIN INSPECTIONS THAT WE CONDUCT TO SHARE THAT YOU'RE LIVING UNDER A SAFE CONDITION FOR THE RENTERS, FOR THE CITY OF AUSTIN.
SO A, WHEN YOU'RE UNDER THE PROGRAM, THERE ARE QUALIFYING CONDITIONS AND THAT'S THE NEXT SLIDE THAT ONE CAN BE SUSPENDED.
THIS IS WHERE A ONE WILL NOT BE ALLOWED NOW TO UNDER THIS PROGRAM TO BE ABLE TO RENT A NEW VACANT UNITS IN YOUR PROPERTY AND YOUR RENTAL PROPERTY.
SO YOU, ONE OF THE FIVE CONDITIONS MAY TRIGGER A REVIEW FOR SUSPENSION OR REVOCATION.
SO UNDER THE FOUR DASH 14 DASH 50, WHICH IS A CITY CITY CODE, THESE ARE THE FIVE REASONS.
AND JUST GOING OVER REAL BRIEFLY, BRIEFLY, IT'S REGISTERED FAILS TO COMPLY WITH PERMITTING REQUIREMENTS, TELLS THE TIME TO COMPLY WITH NOTICE OF VIOLATION, FAILURE TO COMPLY WITH ALL OBLIGATIONS SPECIFIED IN THE ORDINANCE.
PROPERTY IS DECLARED SUBSTANDARD BY THE BAKING STANDARDS.
COMMISSION CODE OFFICIAL OR COURT PROPERTY IS DECLARED DANGEROUS BY BUILDING A SANCHEZ COMMISSION CODE OFFICIAL OR COURT.
IF YOU MEET ONE OF THOSE CONDITIONS, YOU COULD BE SUSPENDED UNDER THE REPEAT OFFENDER PROGRAM OR THE SUSPENSION REVOCATION.
SO THIS IS WHAT THE CONDITIONS ARE FOR THIS, THE QUALIFIERS FOR THE PROGRAM, UH, THE MO BRINGING YOU UP TO DATE IN THE MOST RECENT INFORMATION.
THE NEXT, UH, THE NEXT SLIDE SHOWS YOU HOW MANY PROPERTIES CURRENTLY THAT ARE UNDER THE REPEAT OF PROGRAM.
AND THERE ARE CURRENTLY 73 PROPERTIES.
SO IF 73 PROPERTIES ARE UNDER THAT REPEAT OFFENDER PROGRAM, SINCE JUNE 20, FOR 2020, WE HAVE ISSUED 10 INTENTS, JUST SUSPEND LETTERS TO THESE REPEAT OFFENDER PRO PROPERTY.
SO 10 OF THOSE 73 HAVE RECEIVED A INTENT TO SUSPEND LETTER.
NOW THIS INTENT TO SUSPEND LETTER IS A LETTER THAT IS, UH, UH, NOTIFYING THAT THE OWNER THAT THEY HAVE 30 DAYS TO CORRECT THE VIOLATIONS THAT QUALIFIED THIS PROPERTY TO BE SUSPENDED.
SO IN THIS LETTER, IT SPECIFIES WHICH, UH, WHAT YOUR VIOLATIONS CAUSED THIS PROPERTY TO BE THAT INTEND TO SUSPEND, UH, UNDER THIS PROGRAM.
SO 30 DAYS THEY HAVE TO CORRECT THESE VIOLATIONS WITHIN THOSE 30 DAYS, IF THEY ARE NOT CORRECTED, ONCE THE 30 DAYS IS OVER, THEY HAVE NOT CORRECTED THESE VIOLATIONS.
A SUSPENSION LETTER IS SENT OUT THAT SUSPENSION LETTER, SUSPENDS THAT PROPERTY FROM RENTING ANY TYPE OF 20, WE HAVE ISSUED FIVE SUSPENSION LETTERS.
WE HAVE SENT OUT THOSE FIVE SUSPENSION LETTERS AND THREE PROPERTIES HAVE BEEN SUSPENDED.
SO WE'VE HAVE CURRENTLY THREE PROPERTIES ARE SUSPENDED UNDER THIS PROGRAM.
THEY'RE REQUIRED NOT TO RENT ANY TYPE OF BACON UNIT ON THE PROPERTY.
EVEN IF IT BECOMES VACANT, THEY ARE NOT REQUIRED.
THEY'RE NOT ALLOWED TO RENT ANY OF THOSE VACANT UNITS.
SO CURRENT THIS PROGRAM HAS BEEN VERY,
[02:00:01]
THIS, A PORTION OF THE PROGRAM HAS BEEN VERY EFFECTIVE FOR US.MANY OF THESE TEND TO SUSPEND LETTERS, HAVE A POLICY OWNERS TO CORRECT MANY OF THE VIOLATIONS THAT HE'S CURRENTLY ON THE PROPERTY.
SO IT HAS BEEN VERY EFFECTIVE FOR US.
SO THESE ARE THE THREE, THERE ARE THREE PROPERTIES TURNING SUSPENDED, JUST GO ON TO THE NEXT SLIDE WE MENTIONED, UH, WHAT, WHAT EXACTLY DOES IT MEAN TO BE SUSPENDED? AS I MENTIONED, IT'S PROHIBITED FROM RENTING VACANT UNITS, WHATEVER VIOLATIONS RESULTED IN SUSPENSION, YOU HAVE TO BE REMEDIES ON YOUR ROW AND THE BUILDING OF SADNESS COMMISSION.
THE NEXT SLIDE, WHEN YOU, WHEN THEY RECEIVED THE SUSPENSION LETTER, THEY HAVE 10 DAYS TO TELL.
AND IN THAT 10 DAYS TO APPEAL, THE APPEAL MUST BE SUBMITTED TO THE CODE OFFICIAL WITHIN 10 DAYS OF THE DATE THAT THE LETTER IS MAILED, THAT APPEAL MUST CONTAIN A BRIEF STATEMENT OF THE FACTS THAT SUPPORT THE APPEAL, AND THE REASON WHY THE ACTION SHOULDN'T BE REVERSED.
NOW, THE BSC BUILDING STANDARDS COMMISSION IT'S ONE OF THE MEMBERS, COMMISSION MEMBERS MAY GRANT THAT APPEAL OR DENIAL.
SO THAT JUST LIES IN THE HANDS OF THE BUILDING STANDARDS COMMISSION, IF AIR PILL, THE SUSPENSION LETTER, OR THE LETTER OF THE SUSPENSION OF THEIR PROPERTY, OTHER VACANT UNITS, THE NEXT SLIDE JUST EXPLAINS WHAT HAPPENS IF IT WOULD BE A C DURING SANDY CHRISTIAN UPHOLDS, A SUSPENSION REVOCATION, AS WE MENTIONED, SPREADING VACANT UNITS AND NEW TENANTS.
AND IF HE FAILS TO ADHERE TO THE PROHIBITION, THE CODE OFFICIAL MAY BRING A REQUEST FOR AN ORDER TO VACATE ORDER TO VACATE.
IF THERE ARE IMMINENT, DANGEROUS CONDITIONS PRESENT, AND THAT WILL BE PRESENTED TO THE BUILDING STANDARDS COMMISSION.
SO THIS IS THE LATEST INFORMATION.
THE NEXT SLIDE, JUST THANK YOU FOR JUST TO LET YOU KNOW WHAT WE'VE DONE SO FAR UNDER THE SUSPENSION REPUTATION CAME INTO EFFECT IN FEBRUARY UTERINE COVID.
WE RESTRICTED IT SUSPENDING PROPERTIES, BUT AS OF JUNE 24, 2020, WE HAVEN'T ISSUED LETTERS TO SUSPEND.
CURRENTLY WE HAVE THREE PROPERTIES THAT ARE SUSPENDED.
SO IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
WHAT IS THE DIFFERENCE BETWEEN A VIOLATION? WELL, A VIOLATION IS A NOTICE OF VIOLATION THAT IS SENT OUT.
YOU HAVE A CERTAIN AMOUNT OF TIME TO COMPLY WITH THAT VIOLATION APPLIED WITH THEN THERE'S SOME IN A TONY MANNER, A CITATION IS THAT THEY DID NOT COMPLY WITH THAT, THE NOTICE OF VIOLATION.
AND IT SEEMED FORCEMENT PROCESS THAT WE, THAT WE, UH, THAT THE CITY OF AUSTIN AND UTILIZE THIS TO BE ABLE TO HAVE THAT OWNER COMPLIANT WITH THE, UH, WITH OTHER REQUESTS, FOR THE REQUIREMENT OF THE, OF THE CITY CODE.
SO THAT, THAT CITATION AND GO THROUGH A MINISTER ADMINISTRATIVE HEARING OR GO THROUGH A MUNICIPAL COURT.
THIS IS JOHN GREEN REAL QUICK.
UM, THIS IS KIND OF WHAT GOT ME INTO THE STANDARDS COMMISSION EIGHT YEARS AGO TO START WORKED WITH RUBY ROW UP, DOWN IN, UH, SOUTH AUSTIN, OR PEOPLE LEARN FROM DOVE SPRINGS BECAUSE WE HAD A SIGNIFICANT ISSUE HERE IN AUSTIN, TEXAS, WHERE PEOPLE WERE, UH, OR LANDLORDS OR GOBBLING UP, UH, HOUSING BECAUSE OF THE PRICES.
WE HAD ONE FELLA HERE AROUND 47 PROPERTIES IN, UH, THE DISTRICT FOUR, AND THEY WERE JUST, UH, THEY WERE UNSAFE.
WE HAD, WE HAD A BALCONY COLLAPSE BACK ABOUT, UH, 10, 12 YEARS AGO.
AND, UM, AT THE TIME WE THOUGHT THIS WAS HALF A LOAF, BUT A GOAT HAS REALLY STEPPED UP, UH, REALLY STEPPED UP AND REALLY DONE A GOOD JOB OF, UH, LEVERAGING THE TOOLS THEY HAVE OFF OF THIS, UH, UM, UH, REPEAT OFFENDER PROGRAM.
I APPRECIATE THE WORK YOU GUYS HAVE DONE.
UH, AND IT'S CHANGED, UH, AUSTIN BOARD OF REALTORS AT THESE HORROR STORIES THAT, UH, THOUSANDS OF PEOPLE WERE GOING TO LOSE THEIR PROPERTIES.
I HAVE THE EMAIL TRAIL IF ANYBODY EVER CARES.
UM, AND THEY PROMISED THAT THEY COULD ADDRESS THIS THEMSELVES.
AND I HAVE EMAIL THAT SAYS, OH, WELL, WE CAN'T TELL ANYBODY WHAT TO DO.
SO HAVING THIS TYPE OF LEVERAGE HAS BEEN CRITICAL FOR, I THINK, AUSTIN TO UPGRADE HIS HOUSING STOCK.
I MEAN, THERE'S A CHALLENGE FOR HOUSING AT ALL LEVELS IN AUSTIN, BUT THIS HAS REALLY HELPED ADDRESS, I THINK, SAFETY ISSUES, UM, AND MADE, UH, UH, OUR HOUSING STOCK BETTER FOR IT.
SO IF A PROPERTY IS SUSPENDED, THEY, THEY CAN'T RENT OUT UNITS AS THEY
[02:05:01]
BECOME VACANT, BUT THEY'RE STILL ABLE TO RENT OUT THE EXISTING UNITS.ANY, ANY PROPERTIES ONCE THE PROPERTY IS SUSPENDED, ANY UNITS THAT ARE VACANT ON THE PROPERTY AT TIME OF SUSPENSION, THEY ARE NOT ALLOWED TO RUN OUT THOSE UNITS, THAT THE PEOPLE WHO ARE LIVING IN THE OCCUPIED UNITS, THEY STILL COLLECT RENT FROM THEM, RIGHT? CORRECT.
AND SO, UM, SO THE, THE LEVERAGES, IF SOMEBODY MOVES OUT, THEY CAN'T REFILL THAT UNIT, BUT HOW DO WE MAKE SURE THAT IF THERE ARE DANGEROUS CONDITIONS THERE FOR THE CURRENT RESIDENTS, UM, YOU KNOW, THAT THEY'RE GOING TO FIX THEM? WELL, THE, THE WAY THAT WE ARE VERIFYING THE PROPERTIES ARE VACANT, OR THE UNITS ARE VACANT.
WE ARE RUNNING THROUGH A AUSTIN ENERGY, ANY UNITS THAT ARE UNDER THE PROPERTY OWNER.
SO ANYTHING THAT'S, THAT'S UNDER THE PROPERTY OWNER UNITS THAT ARE REGISTERED IN THE PROPERTY OWNER WITH AUSTIN ENERGY.
THOSE ARE THE PROPERTIES THAT ARE SHOWING THAT ARE VACANT.
SO WHAT WE DO IS WE RUN A REPORT AND THOSE UNITS ARE NOT ALLOWED TO BE.
YEAH, NO, I UNDERSTAND ABOUT THE VACANT UNITS.
I GUESS I'M JUST CONCERNED THAT IF THE BUILDING, YOU KNOW, THE BUILDINGS IN BAD SHAPE AND THEY'RE NOT FIXING IT, SO WE'RE TELLING THEM IF THE UNIT GOES VACANT, YOU CAN'T RUN IT OUT AGAIN, BUT HOW ARE WE CONTINUING TO FIND THEM? OR HOW ARE WE MAKING SURE THAT THE PEOPLE WHO STILL ARE LIVING THERE ARE NOT IN DANGER? WHAT WE DO, WE DO PERIODIC INSPECTIONS, THAT'S REQUIRED OF THE ORDINANCE.
WE CONDUCT VISUAL INSPECTIONS.
WE DO KEEP ACTIVE ON THE PROPERTY TO ASSURE THAT THE LIVING UNDER CERTAIN CONDITIONS, THE LIVABLE CONDITION.
SO THERE IS AN INSPECTOR ASSIGNED TO EACH PROPERTY.
SO THEY, THEY DO KEEP A REGULAR, UM, UH, VISUAL INSPECTIONS OF THE PROPERTY.
SO IT'S JUST SOMETHING THAT THEY WILL GO ONLY DURING CERTAIN TIMES OVER THE COURSE OF THE REPEAT OFFENDER PROGRAM, HOW MANY PROPERTIES HAVE BEEN SUSPENDED AND HOW QUICKLY DO THEY RESPOND TO TRY AND GET A BACK UP SO THEY CAN RENT PROPERTIES OUT? WELL, AS I MENTIONED, AS OF JUNE 24, 2020, THERE'S BEEN THREE PROPERTIES SUSPENDED.
THERE IS ONE PROPERTY RIGHT NOW THAT THEY'RE TRYING TO BRING THEIR, THEIR CONDITIONS BACKUP TO LIVABLE CONDITIONS.
THEY'RE HAVING PROPERTY PROBLEMS WITH PROP PERMITS.
UM, THE OTHER TWO ARE FULLY OCCUPIED.
SO RIGHT NOW NONE OF THE UNITS ARE VACANT.
WE ARE TRYING TO ENFORCE THE CODE AS FAR AS OTHER VIOLATION, MINIMUM STANDARD VIOLATIONS.
BUT RIGHT NOW THESE ARE FOURPLEXES THAT ARE CURRENTLY SUSPENDED, BUT ALL UNITS ARE OCCUPIED AT THIS TIME.
IS IT? I GUESS WHAT I'M ASKING IS OVER THE LIFE OF THE ROP, WHICH HAS BEEN MANY YEARS NOW, IS THIS NEW, DID WE, OR HAVE WE SUSPENDED PROPERTIES PRIOR TO THIS TIME? NO, WE HAVE NOT SUSPENDED PROPERTIES PRIOR TO THIS.
SO THIS IS SOMETHING WE ALWAYS HAD THE ABILITY TO DO, BUT WE'RE, BUT NOW WE'RE DOING IT, CORRECT.
IT'S BEEN A, IT'S BEEN AN EFFECTIVE SINCE FEBRUARY OF THIS YEAR.
THIS IS A ROBERT MOORE DIVISION MANAGER, PROSTATE CODE.
CAN YOU HEAR ME? YEAH, PLEASE GO AHEAD.
I WANTED TO HAMMER HOME YOUR CONCERN, AND THAT IS, UH, IF IT'S DANGEROUS OR IMMINENTLY DANGEROUS, IT DOESN'T MATTER IF IT'S AN ROP PROPERTY OR NOT.
WE'RE GONNA, WE'RE GONNA ASSESS THE SITUATION.
AND, UH, EVEN VACATE TO VACATE, IF WE HAVE TO, UM, ROP DOESN'T NECESSARILY MEAN DANGEROUS OR EMINENTLY DANGEROUS JUST MEANS IT'S A PROBLEM PROPERTY.
SO I JUST WANTED TO LET YOU KNOW THAT.
YEAH, I GUESS I WANTED TO BRING THAT UP BECAUSE THE RENTAL MARKET IS SO TIGHT RIGHT NOW THAT YOU KNOW, THESE PROPERTIES THEY'RE ON REPEAT OFFENDER, BUT PEOPLE DON'T NECESSARILY MOVE OUT BECAUSE IT'S, IT'S HARD TO FIND OTHER PLACES TO LIVE.
SO I JUST WANT TO MAKE SURE WE'RE STILL ABLE TO PUT PRESSURE ON THEM.
EVEN IF THERE ARE UNITS THAT ARE COMING UP VACANT, IT HAS BEEN A VERY EFFECTIVE TOOL SINCE WE'VE BEEN USING THE SUSPENSION ROTATION.
SO WE ARE SEEING RESULTS FROM THIS SUSPENSION.
WELL, THANK YOU ALL FOR YOUR TIME.
I, YOU HAVE ANY ADDITIONAL QUESTIONS.
I'LL BE HAPPY TO RESPOND TO ANY EMAILS OR
[02:10:01]
ANY OTHER QUESTIONS YOU HAVE IN THE FUTURE.THANK YOU, MR. NORIEGA PRESENTATION.
[FUTURE AGENDA ITEMS]
ALL RIGHT.SO MOVING ON, ALL WE HAVE LEFT IS FUTURE AGENDA ITEMS. UM, THAT'S RIGHT.
MISS ALLIE, WAS THERE ANYTHING YOU CAN THINK OF THAT WE NEED TO ADD? WE HAVE ONE ITEM THAT IS RETURNING FROM THE JULY MEETING NEXT MONTH, UH, 70 10 CAR WHEEL DRIVE.
YOU WOULD ASK THAT THAT CASE RETURNED IN SEPTEMBER.
AND THAT'S THE ONLY THING I HAVE, UM, THAT I CAN THINK OF IS THAT YOU WANTED TO RE HEAR THAT CASE IN SEPTEMBER.
WE, WE SHOULD READ HERE THAT CASE IN SEPTEMBER THEN.
UM, THAT'S ALL THAT I'M AWARE OF TOO.
WELL, IF THERE'S NOTHING FURTHER, LET'S ADJOURN THIS MEETING AND LET THE RECORD SHOW THAT THE TIME IS NINE, 10:00 PM.