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[CALL TO ORDER]

[00:00:03]

CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR OCTOBER 28TH, 2020.

UH, LET THE RECORD REFLECT THAT THE TIME IS 6:36 PM.

MY NAME IS ANDREA FREIBURGER I'M CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

UM, I'M GOING TO GO AHEAD AND CALL ROLL FOR MY FELLOW COMMISSIONERS.

UH, JUST IF YOU, WHEN I CALL YOUR NAME, IF YOU WOULD UNMUTE YOURSELF AND SAY, PRESS ON HERE, PABLO ABILA JESSICA MANGRUM I'M PRESENT.

EXCELLENT NATALIA SHED AND THANK YOU, JOHN GREEN.

OKAY.

THANK YOU, TIMOTHY.

STILL STEAD RATHER THAN RIGHT JAMES GREAT.

SHADAE OGUN BODHI PRESENT EDGAR FERERA ACTUALLY, I HAVEN'T SEEN EDGAR FERRERA.

UM, PERHAPS HE'LL JOIN US LATER.

ELIZABETH MILLER PRESENT.

GREAT.

WHERE DO YOU THOMPSON PRESENT? EXCELLENT.

AND DO WE HAVE THOMAS FOCI FROM THE FIRE DEPARTMENT WITH US TONIGHT? UH, THOMAS HAS NOT JOINED US YET.

OKAY.

THANK YOU.

I WOULD ALSO LIKE TO GO AHEAD AND INTRODUCE CODE INVESTIGATOR, MARLENA WRIGHT, WHO WILL BE INTRODUCING THE CASES.

OKAY.

OKAY.

THANK YOU.

AND UH, I WOULD LIKE TO, WELL, I BELIEVE BRANDON COPPER IS WITH US TONIGHT TO OUR ASSISTANT CITY ATTORNEY, BRANDON, IF YOU COULD LET US KNOW.

GREAT.

THANK YOU.

GOOD TO SEE YA.

IS THAT TRUE FOR EVERYONE ELSE? CODE OFFICERS, STAFF, AND PROPERTY OWNERS, PLEASE INTRODUCE YOURSELVES WHEN YOU WERE CALLED TO SPEAK LATER ON IN THE MEETING, UM, FOR EVERYONE TONIGHT, OF COURSE, UNLESS YOU WERE ABOUT TO SPEAK, PLEASE KEEP YOURSELVES ON MUTE.

UH, WHEN YOU DO UNMUTE YOURSELVES, PLEASE BE VERY AWARE OF BACKGROUND NOISE.

IF YOU HAPPEN TO BE WATCHING US, UM, ON ATX AND LIVE, ABSOLUTELY MUTE THAT BEFORE YOU START TO SPEAK ON THE LINE, UNDERSTAND THERE MIGHT BE SOME FEEDBACK ISSUES IF THAT IS ALSO GOING.

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

THE COMMISSION WILL CONSIDER 13 CASES FROM SIX PROPERTIES.

UM, ACTUALLY I BELIEVE THAT'S FROM FIVE PROPERTIES.

WE ARE STRIKING ONE OF THE AGENDA ITEMS. SO THAT SHOULD BE 12 CASES.

THE CASES ARE TYPICALLY CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, TONIGHT, WE ARE GOING TO TAKE THAT A LITTLE BIT OUT OF ORDER.

I'LL EXPLAIN THAT BEFORE WE JUMP INTO THE, INTO THE, UH, AGENDA ITEMS, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.

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

SINCE WE ARE VIRTUAL AS MENTIONED, PLEASE STAY MUTED UNTIL CALLED UPON TO SPEAK.

THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLIE.

THANK YOU.

MISS ELLIE AUSTIN CODE INVESTORS, HER MARLENA, RIGHT? WE'LL CALL EACH CASE ON THE AGENDA FOR THESE VIRTUAL MEETINGS.

BEFORE THE CASES ARE CALLED, WE WOULD NORMALLY ENTERTAIN PUBLIC COMMENTS FROM INTERESTED PARTIES REGARDING CASES ON THE AGENDA.

HOWEVER, WE DID NOT HAVE ANYONE SIGNED UP TO PROVIDE PUBLIC COMMENT TONIGHT.

UH, SO WHEN EACH CASE IS ASKED, I WILL ASK IF THE PROP, IF THE OWNER OR PROPERTY REPRESENTATIVE IS PRESENT ON THE LINE, THEN INVESTIGATOR WRIGHT WILL DIRECT THE CITY'S WITNESSES AND PRESENT EVIDENCE AFTER EACH CITY WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.

AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU WILL HAVE AN OPPORTUNITY TO SPEAK AND PROVIDE TESTIMONY.

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 DESIGNATED OR DESIGNATED TIMEKEEPER.

THIS EVENING WILL BE OUR CTM REPRESENTATIVE.

IS THAT YOU DANIEL? YES.

THIS IS DANIEL MURPHY WITH CTM.

GOOD, THANK YOU.

AFTER YOU'VE PRESENTED YOUR CASE INVESTIGATOR, RIGHT, MAY ASK YOUR WITNESSES, QUESTIONS ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAVE PRESENTED ALL EVIDENCE AND WITNESSES.

THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS.

I WILL ALLOW OTHER INTERESTED PERSONS

[00:05:01]

WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.

AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.

THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT AND A COPY OF AN ORDER ISSUED BY THE COMMISSION WILL BE MAILED TO THE OWNER AND OTHER INTERESTED PARTIES.

A DECISION OF THE, OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEAL 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 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 TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I'LL READ OUT THE OATH AND THEN AFTERWARDS I'LL ASK YOU TO SPEAK UP 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.

IF SO, PLEASE SIGNIFY BY SAYING I DO, OR IN THIS CASE, JUST LET US KNOW IF YOU DO NOT AGREE WITH US.

OKAY.

IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSIONER, BEFORE THE COMMISSION THIS EVENING.

UM, AND BEFORE WE BEGIN, I, I DO REQUEST THAT WE TAKE ITEM NUMBER FOUR FIRST, AND THEN I'D LIKE TO MOVE ITEM NUMBER ONE, ACTUALLY TO THE END OF THE CASES THAT WE WILL BE HEARING, BECAUSE I DON'T BELIEVE ANYONE IS HERE FOR THAT CASE TONIGHT.

SO THAT WOULD BE AFTER ITEM NUMBER SIX AND THEN ITEM NUMBER FIVE, I BELIEVE HAS BEEN PULLED BECAUSE THAT PROPERTY HAS COME INTO COMPLIANCE.

YES, THAT IS CORRECT.

SO WE'RE GOING TO TAKE NUMBER FOUR FIRST.

YES.

ALL RIGHT.

WE'LL CHECK TWO.

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

THIS APPLIES TO ALL OF THE CITY BOARDS AND COMMISSIONS.

BEFORE WE MOVE ON TO THE CASES.

[APPROVAL OF MINUTES]

CAN WE GO AHEAD AND APPROVE THE MINUTES FROM THE LAST MONTH'S MEETING FROM SEPTEMBER 23RD, 2020? YES.

THANK YOU.

OKAY.

HAS EVERYONE HAD A CHANCE TO REVIEW THE MEETINGS FROM THE LAST LAST MONTH'S MEETING? A COPY OF THE MINUTES IS IN THE GOOGLE DRIVE FOLDER.

IF YOU NEED TO MOVE YOU, THEN THANK YOU.

I READ THE MINUTES AND I MAKE A MOTION THAT WE APPROVE THEM AS PER SENATE.

OKAY.

IS THERE A SECOND FOR THE MOTION? YES, I'LL SECOND THAT GREAT.

THANK YOU.

I ACTUALLY, IF YOU COULD BUILD, AS YOU MAKE A MOTION, JUST BE SURE TO STATE YOUR NAME SINCE OUR VIRTUAL, TO KEEP SAYING STRAIGHT, I WILL MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED AND COMMISSIONER WOULD SIT IN THAT.

THANK YOU.

YEAH, UNLESS THERE'S ANY DISCUSSION ALL IN FAVOR OF APPROVING THE MINUTES FROM THE SEPTEMBER MEETING OF THE BUILDING AND STANDARDS COMMISSION SAY AYE.

AYE, AYE.

AYE.

ANY OPPOSED? ANYONE ABSTAINING? OKAY.

THE MOTION IS PASSED.

IT IS UNANIMOUS.

ALRIGHT.

UM, MS. WRIGHT, THANK YOU CHAIR.

[4. Case Numbers CL 2020-155276; CL 2020-155287; CL 2020-155298; CL 2020-155304; CL 2020-155310; CL 2020-155317; CL 2020-155336; and CL 2020-155341 Property address: 4600 E. Cesar Chavez Street, Units 1, 2, 3, 4, 5, 6, 9 & 10 / Owner: Eugenia Griffin Than Staff presenter: Joseph Lucas, Austin Code Department Staff recommendation: Repair to commercial structure]

WE WILL MOVE ON TO CASE NUMBER FOUR ON THE AGENDA.

THANK YOU.

THAT'S GREAT.

OKAY.

THE AGENDA IS REGARDING EIGHT RELATED CASES EACH WHICH ARE REGARDING UNITS IN A COMMERCIAL MULTI-FAMILY PROPERTY LOCATED AT 4,600 EAST CESAR CHAVEZ STREETS.

THE EXHIBITS CAN BE FOUND IN THE BROWN BOOKS IN YOUR GOOGLE DRIVE FOLDER.

THE CASES BEING HEARD TONIGHT ARE AS FOLLOWS CL 2021 FIVE TWO SEVEN SIX IS REGARDING UNIT ONE FIVE FIVE TWO EIGHT SEVEN IS REGARDING UNIT TWO CL 2021 FIVE FIVE TWO NINE EIGHT IS REGARDING A MIMICRY CL 2021 FIVE FIVE THREE ZERO FOUR IS REGARDING THE FOUR CL 2021 FIVE FIVE THREE ONE 10 IS REGARDING UNIT FIVE CL 2021 FIVE FIVE THREE ONE SEVEN IS REGARDING THAT SIX

[00:10:01]

FIVE, FIVE THREE, THREE SIX IS REGARDING UNIT NINE AND CL 2021 FIVE FIVE THREE FOUR.

ONE IS REGARDING 10.

THE PROPERTY HAS BEEN CITED FOR NO HEAT AND HOT WATER FOR EIGHT, 10 UNITS.

SIX OF WHICH ARE CURRENTLY OCCUPIED CONDITIONS IN EACH OF THE EIGHT CASES ARE SUBSTANDARD AS WELL AS A HEALTH AND SAFETY CONCERN AND REQUIRE REPAIR IN YOUR READERS.

YOU'LL FIND THE FOLLOWING EXHIBITS THREE, FIVE, SEVEN, NINE, 11, 13, AND 15, WHICH CONTAINS THE COMPLAINTS AND CASE HISTORIES, A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, A STRUCTURAL MAP OF THE PROPERTY.

THE NOTICES OF VIOLATION NOTICES OF HEARING AND THE POSTINGS CORRESPONDENCE FROM THE OWNER AND EXHIBITS TWO WAY THROUGH TO G FOUR, A THROUGH FOUR D SIX, EIGHT THROUGH SIX, B EIGHT, EIGHT, EIGHT, EIGHT, C 10, EIGHT THROUGH 10 DAY 12, EIGHT THROUGH 12, B 14, 14, B AND 16, EIGHT THROUGH 16 B, WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES WERE PRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.

AUSTIN CODE INVESTIGATOR, JOSEPH LUCAS IS ASSIGNED TO THE CASE.

HE WILL NOW PRESENT PHOTOGRAPHS MARKED AS EXHIBITS EIGHT TO EXHIBITS TWO EIGHT THROUGH TWO G FOUR 83, FOUR D SIX, EIGHT THROUGH SIX, B EIGHT, EIGHT THROUGH EIGHT, 10, EIGHT THROUGH 10, D 12, EIGHT THROUGH 12 B TEENAGE TO 14 AND 16, EIGHT TO 16 B AND DISCUSS THE VIOLATIONS.

IS THERE PHOTOGRAPHS, INVESTIGATOR LUCAS, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING CHAIR.

FIRST.

I'D LIKE TO MAKE SURE EVERYBODY CAN SEE ME AND I'M COMING THROUGH.

OKAY.

YOU LOOK GREAT.

THANK YOU.

THANK YOU.

UM, MY NAME IS JOSEPH LUCAS AND I AM AN INVESTIGATOR WITH THE AUSTIN CODE DEPARTMENT AND I'M WITH THE CENTRAL RESIDENTIAL TEAM.

UM, I'M UM, THE FOLLOWING PROPERTY LOCATED AT 4,600 EAST CESAR CHAVEZ IS A COMMERCIAL APARTMENT COMPLEX THAT WAS BUILT IN ABOUT 1948.

ACCORDING TO THE, UH, TRAVIS CENTRAL APPRAISAL DISTRICT.

THIS CASE WAS REPORTED TO THE AUSTIN CODE DEPARTMENT RECENTLY ON SEPTEMBER 21 OF 2020 AS A COMPLAINT ABOUT NO GAS DUE TO THE GAS COMPANY, UH, WHICH IS TEXAS GAS SHUTTING UP THE GAS SUPPLY BECAUSE OF A WATER, UH, GAS LEAK, BECAUSE THERE IS NO GAS TO TENANTS, DO NOT HAVE HOT WATER USE OF A GAS COOKING STOVE OR A PERMANENT HEAT SOURCE.

THE LACK OF HOT WATER COOKING SOURCE AND PERMANENT HEAT SOURCE ARE VIOLATIONS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE INSPECTOR MITCHEL ALVAREZ WENT TO THIS PROPERTY ON SEPTEMBER 22ND OF 2020.

THE PROPERTY WAS FOUND TO CONSIST OF TWO ONE-STORY STRUCTURES CONTAINING 10 INDIVIDUAL APARTMENTS.

I MET WITH INSPECTOR ALVAREZ AT THE COMPLEX.

WE LEARNED THAT THE FIRE DEPARTMENT WAS CALLED TO THE LOCATION ON SATURDAY, SEPTEMBER 19 OF 2020 DUE TO AN ODOR OF NATURAL GAS.

THE FIRE DEPARTMENT CALLED TEXAS GAS SERVICE AND THEIR TECHNICIAN RESPONDED TO THE LOCATION AND CONFIRMED THAT THERE WAS AN APPARENT UNDERGROUND GAS LEAK BETWEEN THE GAS SPADER AND THE APARTMENT BUILDINGS, TEXAS GAS SHUT OFF THE GAS SUPPLY AND PIN THE VALVE.

SO GAS COULD NOT BE TURNED BACK ON UNTIL REPAIRS ARE MADE.

AND THE LINE IS TESTED BY SHUTTING OFF THE GAS SUPPLY.

THE TENANTS DO NOT HAVE A HOT WATER SOURCE AND APPLIANCE TO COOK MEALS OR A PERMANENT HEAT SOURCE.

IT WAS DISCOVERED THAT A SINGLE GAS MADER SERVICED ALL OF THESE APARTMENTS, THE UNDERGROUND GAS LINE GOES TO EACH INDIVIDUAL APARTMENT AND ENTERS THE UNITS THROUGH A PENETRATION IN THE WALL.

THERE'S A SHUTOFF VALVE ON THE EXTERIOR OF EACH APARTMENT.

WE LEARNED THAT THERE ARE CURRENTLY EIGHT OCCUPANTS THAT WERE OCCUPIED AT THIS TIME UNITS ONE, TWO, THREE, FOUR, FIVE, SIX, NINE, AND 10 WERE OCCUPIED.

UNIT SEVEN AND EIGHT ARE VACANT AND THEY'RE USED FOR STORAGE.

THERE'S CURRENTLY HOT WATER HEATERS INSTALLED IN UNITS, TWO, FIVE, AND 10, THE HOT WATER HEATER AND UNIT TWO SERVICES.

UH, THE APARTMENTS ONE, TWO AND THREE, THE HOT WATER HEATER IN UNIT FIVE SERVICES UNITS FOUR, FIVE, AND SIX, AND THE HOT WAITER, HOT WATER HEATER AND UNIT 10 SERVICES UNITS NINE AND 10.

THE WATER TEMPERATURE WHEN WE TESTED, IT WAS ABOUT 78 DEGREES, WHICH IS FAR LESS THAN THE REQUIRED 110 DEGREES.

[00:15:01]

UH, ONE OF THE TENANTS, UH, NAMED GUILLERMO TONCHI, WHO GOES BY WILLIE RESIDES IN UNIT SIX AND HE IS THE ONSITE MAINTENANCE PERSON.

HE ADVISED US CITY HAS LIVED IN THIS APARTMENT COMPLEX FOR OVER 30 YEARS.

WILLIE ADVISE THAT THE OWNER EUGENIA TAN LIVES ACROSS THE STREET INSPECTOR ALVAREZ SPOKE WITH MS. TAN, WHO IS ELDERLY AND HAS OWNED THIS PROPERTY COMPLEX SINCE 1988, BEFORE THEN EUGENIE HIS MOTHER OWNED THE COMPLEX, MS. TAN STATED TO INSPECT HER ALVAREZ ALVAREZ, THAT SHE DID NOT UNDERSTAND WHY THE GAS WAS SHUT OFF.

AND SHE WOULD LIKE TO KNOW WHY MS. TAN STATED THAT SHE COULD NOT AFFORD A PLUMBER TO COME FIX IT BECAUSE SHE'S ALREADY SPENT A COUPLE OF HUNDRED DOLLARS AT THIS COMPLEX ON A SIMILAR ISSUE.

NOT TOO LONG AGO.

UH, SENATOR FUNDS ARE VERY LOW TO THE COVID PANDEMIC AND THE TENANTS ARE NOT PAYING THE RENT.

MS. TAN HAS, HAS NOT BEEN COOPERATIVE AND REFUSE TO CALL HER, UH, REFUSE TO CALL A PLUMBER TO FIX THE GAS LEAK.

ON SEPTEMBER 25TH OF 2020, I WAS ABLE TO LOCATE ONE OF EUGENIA TAN SONS AND HIS FAMOUS PHIL HUCKABEE.

UH, I WAS ADVISED BY PHIL THAT EUGENIA DISOWNED HIM, AND HE HAS NOT SPOKEN WITH HER IN A FEW YEARS.

PHIL WAS VERY FAMILIAR WITH THE PROPERTY AND HE ADVISED THAT THIS WILLIE THAT'S LIVED THERE FOR 30 YEARS.

UM, HE'S, HE'S THE MAINTENANCE GUY THERE AND HE IS, UH, IN THE WILL TO INHERIT THIS PROPERTY.

UM, WILLY DOES NOT HAVE THE FUNDS TO, UM, REPAIR THIS LEAK.

SO HE WOULD, UH, NOT BE ABLE TO HELP IN ANY KIND OF WAY.

UM, ON THIS DAY, SAME DAY, OCTOBER OR SEPTEMBER 25TH, I WENT TO UNI TO USE ANY AS RESIDENTS WITH MY SUPERVISOR, KESHA LARA, AND THE SPECTER ALVAREZ.

I WAS ABLE TO CONVINCE EUGENIE TO CALL A PLUMBER, TO CHECK THE LINE, UM, AT HER REQUEST, I DIAL THE NUMBER FOR ARS, WHICH IS A LOCAL PLUMBING COMPANY THAT SHE SAYS SHE'S USED BEFORE.

I WAS ABLE TO SCHEDULE A SERVICE CALL WITH MY PHONE ON SPEAKERPHONE AND EUGENIA STANDING NEXT TO ME, IT WAS MUCH LATER IN THE EVENING WHEN I RECEIVED WORD FROM ARS SAID THERE IS AN UNDERGROUND LEAK, UM, ON THE PROPERTY OWNER SIDE, AND IT WAS GOING TO BE A VERY EXPENSIVE REPAIR FIX.

UM, THEY WERE ESTIMATING AT THAT TIME, UH, TO BE OVER $17,000, UH, THIS BID WAS LATER FOUND TO BE OVER $20,000 TO REPAIR IT.

EUGENIA TAN HAS REFUSED TO REPAIR THE GAS GASOLINE.

SHE INSTEAD HAND WROTE A NOTE, UH, ON THE BACK OF A PLAIN ENVELOPES AND DELIVERED THE NOTES TO EACH OF THE APARTMENTS, INDICATING THE APARTMENTS HAVE A CITY CODE VIOLATION, AND EVERYONE HAS TO MOVE OUT.

NOW, THE NOTICE SIGNED OWNER, USUALLY ANY A TAN, AND IT WAS DATED SEPTEMBER 25TH, 2020, THE SAME DAY INSPECTOR ALVAREZ RECEIVED, OR A WRITTEN LETTER IN THE MAIL FROM EUGENIA TAN DATED THE SAME DAY, UH, NINE 25 OF 20 EUGENIA WROTE THAT SHE NEEDED TO ALVAREZ HAS HELPED TO SHUT THE APARTMENT BUSINESS DOWN.

SHE RECEIVED A CERTIFIED MAIL NOTICES OF VIOLATION IN THE MAIL, AND THESE VIOLATIONS HAVE MADE HER HAVE TO SHUT THE APARTMENT BUSINESS DOWN DUE TO THE CODE CHANGE.

EUGENIE WAS REQUESTING ALVAREZ TO PLACE CODE SHUTDOWN VIOLATION NOTICES ON HER APARTMENT BUSINESS AT 4,600 EAST CESAR CHAVEZ.

THAT PROPERTY WILL BE FOR SALE ONLY, AND NO APARTMENTS WILL BE USED ANY LONGER.

EUGENIA TAN HAS NOT GONE THROUGH A FORMAL EVICTION PROCESS TO REMOVE THE TENANTS.

LEGALLY, SOME HAVE LIVED THERE FOR 10 YEARS, 20 YEARS AND LONGER.

SOME HAVE RECENTLY VOLUNTARY LEFT THEIR PROPERTY, BUT THERE IS AT LEAST FIVE TENANTS CURRENTLY THAT ARE STILL RESIDING THERE.

UH, EUGENIE TAN WAS ALSO PROVIDED POSSIBLE RESOURCES TO HELP REPAIR THE GAS LEAK.

SHE INSTEAD REFUSES TO REPAIR IT.

RESOURCES WERE THE GOAL NEIGHBORHOOD, UH, REPAIR HOUSING AND COMMUNITY DEVELOPMENT, AUSTIN, URBAN LEAGUE, AND ALSO, UH, CONTACTED AND UNABLE TO HELP.

MOST OF THE RESOURCES ARE FOR RESIDENTIAL PROPERTIES ONLY IN THIS IS A COMMERCIAL PROPERTY.

SO THEY DON'T REALLY APPLY.

I CAN NOW GO THROUGH THE PHOTOS TO SHOW WHAT THE PROPERTY APPEARS AT THE TIME WE WERE THERE.

EXHIBIT TWO A IS A CONTEXTUAL PHOTO OF THIS PROPERTY FROM ACROSS THE STREET, SHOWING THE LAYOUT.

I REALIZE IT'S A FAR DISTANCE AWAY, BUT THERE'S TWO STRUCTURES.

THE FIRST ONE IS ON THE LEFT IS KIND OF AN L-SHAPED

[00:20:01]

STRUCTURE.

UH, AND THEN THERE'S A SEPARATE STRUCTURE ON THE RIGHT SIDE, WHICH JUST CONTAINS TWO UNITS NEXT UNIT TO BE AS THE LEFT SIDE OF THE STRUCTURE.

AND IT SHOWS THE FRONT DOORS FROM, UH, UNITS.

UH, ONE INTO NEXT UNIT A TO C IS SHOWING THE BACKSIDE OF THAT L SHAPE STRUCTURE.

AND THESE ARE ACTUALLY UNITS FIVE AND SIX THAT WE'RE SEEING TWO D IS THE SEPARATE STRUCTURE.

AND THIS IS SHOWING UNITS NINE AND 10 IS THE FRONT DOOR TO UNIT NUMBER ONE, IT'S GOT THE ONE ACROSS THE, THE LITTLE ROOF LINE THERE, TWO AF THIS IS THE SINGLE GAS METER THAT SERVICES THE ENTIRE 10 STRUCTURES OR 10, 10 UNITS.

YOU CAN SEE THE VALVE.

UM, UM, THE GAS LINE JUST ABOVE THE METER IS TURNED OFF IN IT'S PINNED BY TEXAS GAS.

THERE'S ALSO THE SAME, ANOTHER VALVE AT THE TOP OF THIS, UM, UM, PIPING THAT SHOWS THE, UM, THE VALVE IS CLOSED AND PINDELL.

SO IT'S PINNED INTO DIFFERENT SPOTS TO PREVENT GAS FROM FLOWING TO THE UNITS.

UNIT TWO OR PHOTO TWO G IS SHOWING TWO GAS METERS HERE, THE GAS WEIGHT, OR THE SUPPLIES.

THIS APARTMENT COMPLEX IS ON THE LEFT SIDE AND THAT'S PINNED OFF THE ONE ON THE RIGHT SIDE SERVICES, A, A STRUCTURE THAT'S, UH, NEXT DOOR TO THIS COMPLEX, COMPLETELY SEPARATE.

OKAY, WE'RE GOING TO MOVE ON TO, UM, PHOTOS FOR A, THIS IS SHOWING THE FRONT DOOR TO ENTRANCE TO UNIT NUMBER TWO.

THIS UNIT ALSO CONTAINS A GAS, UM, SUPPLIED HOT WATER HEATER IN THIS HOT WATER HEATER SUPPLIES, UM, HOT WATER, TWO UNITS, ONE, TWO, AND THREE.

AND AS YOU CAN SEE IN THIS PHOTO, THIS HOT WATER HEATER IS GAS OPERATED, UNIT FOUR C.

THIS IS A WATER TEST SHOWING THE WATER TEMPERATURE WHILE WE WERE THERE.

THAT'S ABOUT 78 DEGREES COMING FROM THE HOT WATER ON THE KITCHEN SINK UNIT.

A PHOTO FOUR D IS SHOWING A GAS STOVE.

THAT'S IN THIS, UM, PARTICULAR UNIT.

ALL THE UNITS HAVE THIS SAME TYPE OF STOVE AND THEY'RE GAS OPERATED PHOTO SIX EIGHT IS THE ENTRY TO, UH, UNIT NUMBER THREE.

AND THIS IS THE SAME GAS, UM, METER THAT SERVICES THE ENTIRE UNIT.

WE'RE JUST TRYING TO SHOW THE SAME GAS METER SUPPLIES, ALL OF THESE UNITS, UH, PHOTO NUMBER EIGHT A IS THE ENTRANCE TO UNIT FOUR.

AND AGAIN, THE SAME GAS MADER, UH, PHOTO EIGHT, SEE THIS ACTUALLY PENETRATES THE WALL AND GOES INTO EACH UNIT PHOTO 10 A IS THE ENTRANCE TO UNIT NUMBER FIVE.

AND AGAIN, SAME TYPE OF GAS MADER IN UNIT.

NUMBER FIVE HAS ITS OWN HOT WATER HEATER, WHICH SUPPLIES HOT WATER TO UNITS FOUR, FIVE, AND SIX.

AGAIN, WE TESTED THE HOT WATER IN THIS UNIT AND IT WAS SHOWING ABOUT 78 DEGREES AT THE KITCHEN SINK.

NEXT PHOTO IS 12 A, THIS IS THE FRONT ENTRANCE TO APARTMENT NUMBER SIX.

AND AGAIN, THE SAME GAS METER THAT'S PINNED IN SHUT OFF, NOT SUPPLYING GAS.

THIS IS A PHOTO OF UNIT NUMBER NINE AT THE ENTRANCE, AND IT IS A SEPARATE STRUCTURE FROM THE MAIN STRUCTURE.

AND AGAIN, THE SAME GAS

[00:25:01]

METER SERVICES, THIS UNIT AND APARTMENT NUMBER 10, THIS IS THE FRONT ENTRANCE TO THAT.

THERE'S A HOT WATER HEATER IN THIS UNIT, AND WE WERE UNABLE TO ACCESS THAT UNIT TO EVER, UH, TEST THE WATER IN THAT UNIT.

AND AGAIN, 16 VIEWS, THE SAME GAS METER, SORRY FOR THE REDUNDANCY.

THIS CONCLUDES MY PRESENTATION AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.

THANK YOU.

BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES, THESE STRUCTURES ARE AT A PUBLIC NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT IT IS ONE, THREE, FIVE, SEVEN, NINE, 11, 13, AND 15, WHICH INCLUDE THE NOTICES OF VIOLATION OWNERSHIP INFORMATION FROM THE TRAVEL CENTRAL APPRAISAL DISTRICT NOTICES OF HEARINGS THAT PROPOSED FINDINGS AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EXHIBITS TWO EIGHT THROUGH TG OR EIGHT THROUGH 14, SIX, EIGHT THROUGH SIX, EIGHT, EIGHT, EIGHT, THREE EIGHT C TEN EIGHT THROUGH 10 DAY 12, EIGHT, 12, 14, EIGHT THROUGH 14 FEET AND 16, EIGHT ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS.

ALSO CHAIR.

BEFORE I READ THE ORDERS INTO RECORD, I WOULD LIKE TO MAKE THEM REQUEST CAUSE DECIDED VIOLATIONS ARE THE SAME IN EACH OF THE CASES FOR THIS PROPERTY.

WE ARE REQUESTING ONE COMBINED ORDER TO BE ISSUED FOR ALL EIGHT CASES.

YES, PLEASE.

STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING FOUR UNITS, ONE THREE, FIVE, ONE THREE, FOUR, FIVE, SIX, NINE, AND NINE AND 10 OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

WITHIN TWO DAYS OF THE DAY, PEOPLE ORDERS MAILED TO THE OWNER OF RECORD FOR ALL CITED UNITS, MAKE NECESSARY REPAIRS TO THAT WATER HEATING FACILITY SO THAT THE WATER HEATING FACILITY AND MECHANICAL APPLIANCES ARE PERFORMING THEIR INTENDED FUNCTIONS FOR ALL CITED UNITS MAKE NECESSARY REPAIRS SO THAT THE MECHANICAL PLANT IS FUNCTIONING AS INTENDED WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED TO THE OWNER OF RECORD FOR ALL SIGHTED UNITS, PROVIDE A PERMANENT HEATING SYSTEM AND REQUEST INSPECTION FROM AUSTIN CODA, BARE HIGH COMPLIANCE.

NONE THE 31ST DAY AT THE CLIENTS HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF A THOUSAND DOLLARS PER WEEK.

THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHOW CREW AT A RATE OF 10% PER YEAR FROM THE DATABASE ASSESSMENT UNTIL PAID IN FULL CONDITIONERS.

THANK YOU, MS. WRIGHT.

I HAVE A QUESTION.

UM, SO I UNDERSTAND UNITS SEVEN AND EIGHT ARE, WERE UNOCCUPIED IN SEPTEMBER AND REMAIN NOT UNOCCUPIED NOW.

CORRECT.

THEY'RE USED FOR STORAGE.

OKAY.

AND THAT'S WHY THEY ARE NOT INCLUDED IN THIS ORDER BECAUSE NO ONE IS INTENDING TO INHABIT THEM FROM MY UNDERSTANDING THEY'VE BEEN USED FOR STORAGE FOR SEVERAL YEARS.

YES.

OKAY.

THANK YOU.

UH, FELLOW COMMISSIONERS, ANY QUESTIONS FOR CITY CHAIRS THAT MANY OF THE EXHIBITS? UM, EXCELLENT IDEA.

UM, YES, I WILL GO AHEAD AND ADMIT EXHIBITS ONE THREE, FIVE, SEVEN, NINE, 11, 13, AND 15.

AND STAFF'S EXHIBITS TWO EIGHT THROUGH TWO G FOUR, A THROUGH FOUR D SIX, EIGHT THROUGH SIX, B EIGHT THROUGH EIGHT, C 10, EIGHT THROUGH 10, D 12, EIGHT THROUGH 12, B 14, EIGHT THROUGH 14, B AND 16, EIGHT THROUGH 16 B UM, I HAVE A QUESTION.

THIS IS COMMISSIONER MEALER.

YES.

PLEASE GO AHEAD.

COMMISSIONER MILLER.

OKAY.

SO IT SOUNDS LIKE THE OWNER IS EVICTING THE TENANTS AND YOU KNOW, NOT MOVING FORWARD WITH THE REPAIRS.

SO I'M CONCERNED.

UH, ARE THERE ANY RESOURCES THAT THE TENANTS WILL BE OFFERED AND CONCERNED THAT IN THE SHORT RUN, FIRST OF ALL, THEY GOT HOT WATER FOR AWHILE OR HAVE A PANDEMIC THROWN OUT VERY QUICKLY.

IS THERE ANYTHING THAT WE CAN DO ABOUT THAT NOW? UM, IN THE SHORT TERM, YES MA'AM.

WE WE'VE OFFERED THEM CONTACT THE AUSTIN TENANT'S COUNCIL AND ALSO BASCA AND THEY'RE HOLDING OUT DAVE, LIKE I SAID, A LOT OF PEOPLE HAVE LIVED HERE FOR A VERY LONG TIME.

IT IS SORT OF A PAY BY THE WEEK A HOTEL AND THEY ARE, UM, JUST DIGGING IN, WAITING FOR HER TO MAKE THE REPAIRS.

[00:30:01]

THEY DON'T WANT IT TO CLOSE DOWN, BUT NO ASSISTANCE HAS BEEN OFFERED BECAUSE IT'S A COMMERCIAL BUSINESS.

UM, AND THE OWNER IS, UH, PROFITING OFF OF HAVING TENANTS.

DO YOU HAVE ANY IDEA WHAT THE RENT IS THAT SHE CHARGES? NO, MA'AM I DO NOT.

AND THERE ARE NO KIND OF RESOURCES FOR AN OWNER THAT IS, UM, NO, I DON'T KNOW WHAT HER SITUATION IS ACHIEVED.

ISN'T ANYTHING THAT SHE COULD APPLY TO NOW, THE OWNER, UM, HAS JUST SAID SHE CANNOT AFFORD THIS.

AND, UM, SHE'S ELDERLY, LIKE I SAID, SO, UM, SHE'S READY TO SHUT IT DOWN AND REMOVE THE PEOPLE THAT ARE IN IT AND SELL THE PROPERTY.

SO WHAT, UM, RECOURSE DO WE HAVE IF SHE JUST CONTINUES TO REFUSE TO DO ANYTHING? I BELIEVE THAT'S WHY WE'RE HERE.

I GUESS I'M JUST WONDERING, I DON'T, YOU KNOW, I'M LESS FAMILIAR WITH THE OPTIONS THAN THE OTHER COMMISSIONERS, BUT I WONDER IF THERE IS AN OPTION FOR THE PROPERTY.

IF SOMEONE WANTS TO BECOME A RECEIVER, SOME, YOU KNOW, WITH SOMEONE ELSE TO STEP IN, I DON'T KNOW WHO ANSWERED.

THIS IS A JOHN GREEN, MY VIDEO'S FALLING OUT.

UM, I DON'T KNOW HOW MANY OPTIONS DO WE REALLY HAVE OUTSIDE OF PUTTING EXTREME PRESSURE ON THE PROPERTY OWNER, WHO TO, UM, LEAD FOLLOW OR GET OUT OF THE WAY.

AND BY THAT, I MEAN, UH, UH, ACCEPTING STAFF'S RECOMMENDATION AND, UM, THIS IS A GASOLINE KILLED PEOPLE AND WE'RE NOT AS COLD.

I MEAN, THAT BORDER IS PROBABLY NOT 78 DEGREES OUT, PROBABLY SOMEWHERE AROUND 55.

AND, UH, WE DON'T HAVE ANY ACUTE THAT I'M AWARE OF ANY ACUTE OPTIONS THAT CAN RESOLVE SOMETHING QUICKLY.

OR I THINK WHAT WE CAN DO IS WE CAN CERTAINLY PUT THE, UH, UH, RECOMMENDATION EFFECT BECAUSE, UH, IT MAY NOT BE AS FAST AS WE WANT, BUT MAYBE WITHIN A COUPLE MONTHS THERE CAN BE A RESOLUTION, BUT IF YOU'RE LOOKING AT A $10,000 FINE BECAUSE YOU HAVEN'T DONE ANYTHING FOR 10 WEEKS, UM, YOU MIGHT HAVE LITTLE RECOURSE, ESPECIALLY IF WE ALSO, UM, UM, RECOMMENDED TYPE OF A UP FROM THE CITY TO MAKE SURE THIS IS QUICKLY IMPOSED.

THAT'S ALL I HAVE.

THIS IS BRANDON CARR, ASSISTANT CITY ATTORNEY.

UM, TO ANSWER YOUR QUESTION, COMMISSIONER MUELLER, THERE IS A PROVISION IN THE TEXAS LOCAL GOVERNMENT CODE CHAPTER TWO 14 FOR, UM, RECEIVERS.

UM, BUT I WILL TELL YOU THAT IT'S BEEN DIFFICULT IN THE PAST, UM, FROM MY EXPERIENCE TO ACTUALLY GET RECEIVERS BECAUSE IT'S A LOT OF PRESSURE TO TRY TO GAIN RENT AND COME INTO COMPLIANCE QUICKLY, UM, YOU KNOW, AND HANDLE ALL OF THOSE DUTIES.

SO IT'S NOT SOMETHING THAT'S VERY COMMON THAT SOMEONE'S WILLING TO BE A RECEIVER FOR THESE TYPES OF PROPERTIES, UM, BECAUSE WE JUST DON'T REALLY MAKE MONEY ON IT.

AND IT, IT'S JUST KIND OF A DIFFICULT POSITION TO BE IN, BUT THAT'S SOMETHING THAT WE COULD PURSUE AS A CITY.

UM, IF WE WERE TO FALL OFF SOON, BUT NOT THROUGH, UM, THE BUILDING STANDARDS COMMISSION THAT'S OUTSIDE OF WHAT YOU WOULD BE ABLE TO ORDER CHAIR CAN ALSO SAY SOMETHING.

THIS IS MELANIE ALLEY.

UM, THERE IS A MORATORIUM ON EVICTIONS THROUGH THE END OF THE YEAR.

UH, I BELIEVE IT'S THROUGH DECEMBER 31ST.

OKAY.

THANK YOU, MISS ALLIE.

I BELIEVE THE, UM, THE EVICTIONS, THE MORATORIUM ON EVICTIONS IS STRICTLY FOR NONPAYMENT.

UH, IF I'M NOT MISTAKEN AND FOR SOME OTHER TYPE OF REASONS, LIKE, UM, UNABLE TO BRING THE BUILDING BACK UP TO NORMAL STANDARDS WOULD BE A DIFFERENT REASON.

YEAH, THAT IS CORRECT FROM WHAT I UNDERSTAND AS WELL.

THANK YOU.

UM, SO OBVIOUSLY THE CONCERNS THAT I WOULD HAVE IS EVEN THOUGH THE OWNER HAS SAID THAT SHE NO LONGER WANTS TO OPERATE THIS BUSINESS, THE TENANTS STILL IN THERE, SOME OF THEM.

SO WE STILL HAVE TO COME UP WITH SOME SORT OF, UM, ORDER TO HAVE HER MAKE THE NECESSARY REPAIRS.

THE QUESTION THAT I HAVE IS FOR THE, TO TODAY, A RECOMMENDATION ON THE ORDER ASKING FOR THE HEATING SYSTEMS

[00:35:01]

TO BE BROUGHT UP TO A POP-UP PERFORMANCE.

DO WE THINK IT REALISTICALLY CAN BE DONE IN TWO DAYS? SO I'LL JUMP IN HERE, UM, FIVE WEEKS AND TWO DAYS ALREADY.

SO THAT IS NOT A CONCERN FOR ME.

UM, I MEAN, THIS IS SANITARY CONDITIONS.

THIS IS, UM, BASIC STANDARD OF LIVING TYPE STUFF.

SO, YOU KNOW, WHETHER IT CAN BE DONE, IT SHOULD HAVE BEEN DONE.

AND I THINK IT NEEDS TO STAY IN THE ORDER.

OKAY.

I'LL JUMP IN THERE TOO.

SO THE TWO DAYS IS ESSENTIALLY TO FIX THE GAS LEAK AND REPAIR THE WATER HEATING AND ANY GAS APPLIANCES.

AND I THINK THAT COULD BE DONE.

UM, INSTALLING A PERMANENT HEATING SYSTEM IS REQUIRED WITHIN 30 DAYS.

AND THAT'S SOMETHING THAT I DID WANT TO ASK INVESTIGATOR LUCAS ABOUT A LITTLE MORE.

SURE.

UM, SO IS THERE NO PERMANENT HEATING SYSTEM CURRENTLY THE HEATING SYSTEM IS, UM, INTACT AND WE ASSUME IT'S WORKING.

IT'S JUST NOT WORKING BECAUSE THERE'S NO GAS.

UM, OUR, OUR STANDARD, UM, PROCEDURE ON NO HOT WATER IS TO GET THAT FIXED WITHIN TWO DAYS.

SO THESE, ALL THESE VIOLATIONS SHOULD BE CLEARED IF WE HAD NATURAL GAS RUNNING TO EACH INDIVIDUAL UNIT AS IT WAS DESIGNED.

OKAY.

THANK YOU FOR CLARIFYING.

THAT MAKES SENSE.

THANKS.

DO WE HAVE ANYBODY HERE FOR THE OWNERS? I DON'T BELIEVE WE DO.

I HAVE A QUESTION FOR THE CITY RESIDENTS.

THEY WOULDN'T IN MY UNDERSTANDING IS THEY WOULD GO THROUGH THE JUSTICE OF THE PEACE FOR THE PRECINCT THAT THEY RESIDE IN OR OWN THE PROPERTY IN AND FILE PAPERWORK TO HAVE, UM, THE TENANTS EVICTED LEGALLY, AND THEN THE CONSTABLE'S OFFICE WOULD, UH, FOLLOW THROUGH WITH THAT EVICTION IN THIS CASE, OF COURSE, CORRECT.

THE PROPERTY OWNER IS, UH, JUST REFUSE TO DO ANY OF THIS.

I MEAN, THERE IS A MORATORIUM, UM, UNDER THE CDC RULES, WHICH I KNOW ARE BEING INGESTED BY SOME THAT SAYS IN ANY CASE, I MEAN, NO, OF COURSE THERE'S A PROCESS AND NOTICE, I UNDERSTAND THEY DON'T HAVE LEASES.

THIS IS JACK.

AND AGAIN, I, UH, I GOT, I'M THINKING THAT, UH, THIS IS A LOT OF HOUSING STOCK AND PROBABLY, UH, APPARENTLY IT'S, UH, UM, UM, AVAILABLE TO PEOPLE OF LOWER INCOME.

SO TAKING IT OFF THE MARKET'S A PRETTY BIG DEAL, BUT I THINK IT'S GOTTA BE SAFE.

I MEAN, WITHOUT, WITHOUT WITH A GAS LEAK, YOU KNOW, THAT'S, THE RISK ELEMENTS ARE JUST TOO HIGH.

SO, UH, UH, I WOULD LOOK AT THE FASTEST WAY TO GET THIS HOUSING STOCK REHABILITATED AND BACK INTO THE, INTO THE COMMUNITY AS QUICKLY AS POSSIBLE AT THE LOWEST COST POSSIBLE.

SO, UH, I THINK IF THE PROPERTY OWNER IS NOT WILLING TO MAKE THE MOVE OR TRY TO REACH OUT TO A BANK OR GET US ALONE, AND I THINK AS MUCH PRESSURE AS POSSIBLE NEEDS TO BE APPLIED TO A FORCE, A DECISION, I AGREE ON THE APPLYING PRESSURE, UM, TO BE CLEAR AGAIN, THAT THE GAS IS CURRENTLY TURNED OFF.

THE DIRECT THREAT OF EXPLOSION HOPEFULLY IS, DOES NOT EXIST CURRENTLY, BUT THERE ARE OTHER LIFE SAFETY CONCERNS SUCH AS LACK OF HEAT, LACK OF HOT WATER, NOT EVEN HAVING, HAVING THE ABILITY TO USE THEIR STOVE OR OVEN.

I MEAN, IF YOU CAN'T WASH YOUR HANDS FOR 20 SECONDS, RIGHT, THERE IS A SIGNIFICANT ISSUE FOR THE TOLL COMMUNITY IMMEDIATELY.

YOU'VE GOT NOTHING BUT COLD TEPID WATER.

YOU CAN'T WASH YOUR HANDS AND BE SAFE IN THIS PANDEMIC ENVIRONMENT.

AND,

[00:40:01]

UH, YOU KNOW, THIS MAY TAKE SIX MONTHS A YEAR, BUT I THINK THE APPLICATION OF WHAT WE CAN DO, UH, REMEDY THE SITUATION AS TO START TO OCCUR AS SOON AS POSSIBLE, BECAUSE I MEAN, THE SCIENTISTS ARE TELLING US WE'VE GOT ANOTHER YEAR.

OKAY.

I AGREE.

I THINK WE CAN, UNLESS THERE ARE MORE DISCUSSIONS I'D LIKE TO MAKE A MOTION TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS, UM, AND ALSO TO ADOPT THAT ORDER AS RECOMMENDED ALL EIGHT PROPERTIES.

ALL RIGHT.

SECOND EMOTION.

OKAY, GREAT.

THANK YOU, COMMISSIONER.

SECOND EMOTION.

OKAY.

THANK YOU.

SO WE HAVE A MOTION ON THE TABLE TO ADOPT OF STAFF'S RECOMMENDED FINDINGS AND APPROVE THE ORDER IS PROPOSED ANY, ANY FURTHER DISCUSSION ON THIS? ALL RIGHT, I'LL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR, SAY AYE.

AYE.

AYE.

AYE.

ANY OPPOSED? AYE.

IS THERE JUST ONE OPPOSED? UM, JUST ONE.

OKAY.

IS THAT YOU COMMISSIONER THOMPSON? YOU ARE SO CORRECT.

ALL RIGHT.

UM, SO ALL COMMISSIONERS, EXCEPT FOR THOMPSON ARE IN FAVOR, COMMISSIONER THOMPSON IS OPPOSED THE MOTION CARRIES AND, UM, STAFF'S RECOMMEND ORDER WILL BE ADOPTED.

AND MR. CARR, ANYONE ELSE FROM THE CITY, WOULD YOU LIKE ME TO READ THAT ORDER OR ARE WE GOOD? UH, IF YOU COULD REPEAT IT, THAT WOULD BE GREAT.

OKAY.

SO THE ORDER IS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

AND I'M SORRY, THIS IS THE ORDER FOR FOUR UNITS.

ONE, TWO, THREE, FOUR, FIVE, SIX, NINE, AND 10 AT 4,600 EAST CESAR CHAVEZ STREET TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS.

WITHIN TWO DAYS FROM THE DATE, THE ORDER IS MAILED TO THE OWNER OF RECORD FOR ALL SIDED UNITS, MAKE NECESSARY REPAIRS TO THE WATER HEATING FACILITY SO THAT THE WATER HEATING FACILITY AND MECHANICAL APPLIANCES ARE PERFORMING THEIR INTENDED FUNCTIONS FOR ALL SIDED UNITS MAKE NECESSARY, MAKE NECESSARY REPAIRS SO THAT THE MECHANICAL APPLIANCES FUNCTION AS INTENDED.

THEN WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED TO THE OWNER OF RECORD FOR ALL CITED UNITS, PROVIDE A PERMANENT HEATING SYSTEM AND REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 31ST DAY.

IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.

INTERCELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.

AND, UM, JUST TO CLARIFY, IS THAT $1,000 PER WEEK PER DWELLING UNITS PER NOTICE OF VIOLATION? I WOULD ASSUME BELIEVE SINCE IT WAS ONE ORDER, IT WOULD BE $1,000 TOTAL PER WEEK.

HMM.

OKAY.

IF YOU WANTED TO DO PER, UM, PER UNIT OR, UH, THAT YOU'D HAVE TO MAKE THAT CLEAR ON THE RECORD.

WHAT I, WHAT I, WHAT I ASSUME THAT YOU MEANT WAS $1,000 TOTAL? CAUSE IT'S ONE COMBINED.

OKAY.

SORRY.

WE DIDN'T CATCH THAT BEFORE WE CALLED THE QUESTION.

UM, DO ANY FELLOW COMMISSIONERS WANT TO ENTERTAIN A, ANOTHER MOTION? OH, I THOUGHT IT WAS AN IDENTICAL ORDER FOR EACH UNIT.

SO THE PROPOSED ORDER, NOT MAYBE I MISUNDERSTOOD, I GUESS WE COULD GET SOME CLARIFICATION FROM THE BOOM, THE PERSON WHO MADE THE MOTION.

YES.

THIS IS COMMISSIONER SHADI.

AND I ALSO ASSUME THAT WE WERE USING AN IDENTICAL ORDER, FLED ALL EIGHT PROPERTIES.

SO EACH PROPERTY WOULD CARRY THE SAME, UM, FOR LACK OF BETTER WORDS, PENALTIES, UH, BUT IT WOULD BE 1000 PER PROPERTY.

THAT'S WHAT I THOUGHT IT WAS A CHAIR.

CAN, DO YOU WANT TO REPORT BACK ON SO WE CAN LOOK AT IT? YES.

IT'S INSIDE.

[00:45:01]

IT'S INSIDE THE CHAIR.

THIS IS MELANIE ALLEY.

THE RECOMMENDED ORDER WAS ONE ORDER FOR ALL EIGHT UNITS AND $1,000 FOR ALL EIGHT UNITS, JUST SO IT WAS NOT EIGHT SEPARATE ORDERS.

IT WAS ONE ORDER COMBINED FOR ALL UNITS WITH ONE PENALTY, GIVE A THOUSAND DOLLARS.

OKAY.

AND THAT IS THE WAY THAT I READ THE RECOMMENDED ORDER NOW, TOO, JUST BECAUSE ALL, ALL THE UNITS ARE LISTED, BUT THERE IS JUST ONE, $1,000 PENALTY.

OKAY.

SO THIS IS COMMISSIONER.

IT WAS MY UNDERSTANDING THAT IT WAS GOING TO BE JUST A THOUSAND DOLLAR OVERALL, UH, UH, PENALTY.

AND, UH, UH, SECOND IN THE MOTION TO APPROVE THE ORDER IS WRITTEN.

JOHN, JOHN, GARY.

I THINK I, UH, I UNDERSTAND THE, UH, UM, THE WILLINGNESS OR INTEREST IN MAKING THIS $1,000 PER A UNIT.

BUT I THINK, UH, BASED ON WHAT WE'VE HEARD SO FAR THAT THIS OWNER, UM, A THOUSAND BUCKS A WEEK, THERE'S GONNA BE A SUBSTANTIAL INCENTIVE FROM THE, FROM WHAT WAS PRESENTED.

AND, UM, YOU KNOW, WE DON'T WANT TO BE IN A SITUATION WHERE IF THIS OWNER SELLS TO SOMEBODY ELSE, UM, THAT WE'RE GOING TO SEE THESE GUYS IN SIX TO 12 MONTHS ASKING FOR US TO GIVE THEM A LEAF.

UM, I MEAN, I'M NOT HARD AND FAST ON THAT, BUT I THINK THAT THOUSAND BUCKS FOR THE EIGHT UNITS PER WEEK IS A SUBSTANTIAL INCENTIVE FOR THIS PETITIONER OWNER.

I MEAN, YOU'RE LOOKING AT, I MEAN, BASICALLY WHAT I HEARD, YOU KNOW, 20,000 BUCKS DOLLARS TO FIX THIS ISSUE.

I MEAN, AFTER A PERIOD OF FOUR MONTHS, IT BECOMES IMPERATIVE, UM, UH, FINANCIALLY, UH, I HOPE WE DON'T HAVE TO WAIT THAT LONG, BUT, UM, YOU KNOW, WHAT IT, TO THIS, UH, OPINION, BUT, UH, I THINK IT'S, UH, THE ORDER IS, UH, IS A REASONABLE ONE.

LISTEN TO MY CONCERNS.

I, UM, I HAVE A QUESTION FOR MR. CARR.

YES.

DO WE NEED TO REDO ANYTHING? I DON'T BELIEVE SO.

I THINK THE ORDER WAS CLEAR AS WRITTEN AND AS YOU READ IT, UM, IT, OTHERWISE YOU WOULD HAVE SAID $8,000 PER WEEK OR $1,000 PER WEEK PER UNIT.

SO I THINK THE WAY YOU READ IT, THE FIRST TIME IS, UM, IS IN LINE WITH WHAT CODE WAS REQUESTING.

SO YOU DON'T HAVE TO READ IT.

OKAY.

THE ONLY QUESTION I WOULD HAVE IS THAT IT'S ACTUALLY NOT IN LINE WITH WHAT, UM, COMMISSIONER OGUN BODHI HAD, WAS THINKING WHEN SHE MADE THE MOTION.

THAT'S ALL RIGHT.

I'M OKAY.

WITH THE RECOMMENDED ORDER, THE ONE THAT THE PROPER ONE, WHICH WAS 1000, ALL OF THE UNITS TOGETHER IS IT POSSIBLY WILL BE AN INSTANCE IS LIKE, UM, LIKE WE ALL THINK BECAUSE SHE ALREADY HAD TROUBLE WITH THE $17,000 PAIR.

SO HOPEFULLY THIS DOES MOTIVATE HER.

MY EMOTION STANDS IF OKAY.

IF IT'S STILL SUPPORTIVE.

OKAY.

ALL RIGHT.

THANK YOU.

I THINK WE'RE, I THINK WE'RE GOOD.

NOT HEARING A LOT OF, UH, DESCENT HERE, SO WE WILL, WE WILL MOVE ON.

THANK YOU EVERYONE.

UM, I BELIEVE WE'RE DONE WITH, UH, ITEM NUMBER FOUR.

OKAY.

ALL RIGHT.

SO JUST TO CLARIFY, WE MOVED ONE NUTCASE, UH, AGENDA NUMBER ONE TO, UM, LOW SEX.

WE TOOK FOUR FIRST AND THEN I DIDN'T WANT TO LET A CHAIR COMMISSIONER STAFF KNOW THAT, UH, AGENDA ITEM NUMBER FIVE, NINE, 11 EAST SIXTH STREET HAS COME INTO COMPLIANCE AND WON'T BE 14.

OKAY, GREAT.

SO IT LOOKS LIKE WE ARE READY TO HEAR ITEM NUMBER TWO.

I DO WANT TO CHECK AND MAKE SURE THAT WE HAVE EVERYONE ON THE LINE THAT WE NEED TO HAVE ON THE LINE FOR ITEM NUMBER TWO.

AND THIS IS A HEADS UP TO PROPERTY REPRESENTATIVES.

IF YOU'RE WATCHING THIS LIVE ON ATX N LIVE, UH, THERE IS A DELAY, SO THIS WOULD BE A GOOD TIME TO STOP WATCHING IT LIVE AND ACTUALLY GET ON THE LINE AND JOIN US AND MUTE WHATEVER DEVICE YOU'RE USING TO WATCH IT LIVE SO THAT WE DON'T GET FEEDBACK WHEN, WHEN IT IS YOUR TURN TO SPEAK.

SO, UM, LET'S SEE.

SO REGISTERED SPEAKERS THAT WE HAVE FOR ITEM NUMBER TWO, I JUST WANT TO MAKE SURE YOU'RE ON THE LINE.

DO WE HAVE A PERRY CLERK? OKAY.

THANK YOU.

UH, DO WE HAVE LISA KELLY? YES.

GREAT.

THANK YOU.

AND

[00:50:02]

I BELIEVE THAT'S IT OTHER THAN, OF COURSE OUR INVESTIGATORS, SO, OKAY.

UH, MS. RIDE, IF YOU'D LIKE TO GO AHEAD.

ALL RIGHT.

THANK YOU.

I THEN

[2. Case Number: CL 2019-036878 Property address: 7010 Carwill Drive / Owner: Evelyn McKinley Life Estate Staff presenter: Joseph Lucas, Austin Code Department Staff recommendation: Repair residential structure Previous Commission Action: Continued from July 22, 2020]

NUMBER TWO ON THE AGENDA IS CASE NUMBER SIX, EIGHT, SEVEN, EIGHT.

IT IS A RETURNING CASE AND IT'S REGARDING PROPERTY LOCATED AT 70 10 CARDWELL DRIVE.

IT IS THE TILT BOOK IN YOUR GOOGLE DRIVE FOLDER.

THIS CASE IS REGARDING AN UNOCCUPIED SINGLE FAMILY, RESIDENTIAL STRUCTURE WITH SUBSTANDARD CONDITIONS THAT REQUIRES REPAIR.

THE CASE WAS CONTINUED FROM JULY.

AT WHICH TIME THE COMMISSION REQUESTED THAT MR. PERRY CLARK SENDED OF THE DECEASED OWNER RETURN WITH A REPAIR PLAN IN THE LITTLE IN YOUR GOOGLE DRIVE FOLDER, YOU'LL FIND THE PHONE EXHIBIT ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH IS AN UPDATED COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING FOR TONIGHT'S MEETING AND POSTINGS AND EXHIBIT FOUR, WHICH CONSISTS OF COATS.

PHOTOGRAPHS MARKED AS FOUR EIGHT THROUGH FOUR J AND LASTLY CODES WORK IN ORDER AUSTIN INSTIGATOR.

JOSEPH LUCAS IS HERE TONIGHT AND THE SIGNS OF THE CASE, WE WILL PRESENT THE PHOTOGRAPHS MARKED AS FOUR EIGHT, TWO FOUR J, AND DISCUSS THE VIOLATIONS.

IS THERE THE PHOTOGRAPHS, INVESTIGATIVE LUCAS, PLEASE BEGIN YOUR TESTIMONY.

OKAY, GOOD EVENING, CHAIR AND COMMISSIONERS.

UM, AGAIN, I'M JOSEPH LUCAS AND I AM AN INVESTIGATOR WITH THE AUSTIN CODE DEPARTMENTS, UH, CENTRAL RESIDENTIAL TEAM.

THE FOLLOWING PROPERTY LOCATED AT 70 10 CAR WHEEL DRIVE IS A RESIDENTIAL PROPERTY.

THE CASE WAS REPORTED TO THE AUSTIN CODE DEPARTMENT ON JULY 26 OF 2017, 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.

UH, OFFICER RAINEY SPOKE WITH NEIGHBORS AND LEARNED THAT THERE WERE PROBABLE SQUATTERS THAT WERE LIVING IN THE STRUCTURE.

OFFICER RAINEY OBSERVED A BROKEN WINDOW GLAZING AND CREATED A VIOLATION FOR IPMC, UH, THREE OH FOUR.THIRTEEN.ONE, WHICH IS GLAZING MATERIALS SHALL BE MAINTAINED FREE FROM CRACKS AND HOLES ON FEBRUARY 24TH OF 2018 CODE INSPECTOR DIEDRICH KNOCKS WENT TO THIS PROPERTY AND HE OBSERVED THAT THE FRONT DOOR HAD BEEN KICKED IN THE STRUCTURE WAS VACANT.

SO IT WAS BOARDED UP AND SECURED BY AN AUSTIN CODE VENDOR TO KEEP, UH, CRIMINAL ACTIVITY AWAY.

THE AUSTIN CODE DEPARTMENT KEPT INVESTIGATING THE PROPERTY AND LOOKING FOR PEOPLE ASSOCIATED WITH THE PROPERTY OWNER, WHICH WAS THE EVELYN MCKINLEY LIFE ESTATE OR MAKING ROUTINE INSPECTIONS.

IT WAS DISCOVERED THE PROPERTY WAS STILL VACANT IN ENTRY, HAD BEEN MADE AGAIN BY UNKNOWN PERSONS.

SO ON APRIL 18TH OF 2019, THE STRUCTURE WAS AGAIN BOARDED UP AND SECURED BY AN AUSTIN CODE VENDOR.

THE GARAGE DOORS OR REAR SLIDING DOOR FRONT WINDOWS WERE BOARDED UP AND SECURED DURING THIS INSPECTION OFFICER SINGLETARY OBSERVED OF BALI VIOLATION OF IPMC THREE OH FOUR DOT SIX, WHICH IS EXTERIOR WALLS SHALL BE FREE FROM HOLES BREAKS AND LOOSER ROTTING MATERIALS AND MAINTAINED WEATHERPROOF AND SERVICE CODED WERE REQUIRED TO PREVENT DETERIORATION.

THE SIDING WAS ROTTED IN SEVERAL SPOTS AND THERE ARE HOLES THAT WOULD ALLOW ENTRY OF RODENTS.

SO I WAS ASSIGNED TO THIS CASE IN JUNE EIGHT OF 2020, I INSPECTED THE PROPERTY AND OBSERVED THAT IT'S STILL VACANT.

IT IS STILL BOARDED AND SECURED AS IT WAS BEFORE THE EXTERIOR SIDING IS STILL ROTTED IN MANY AREAS AND HAS NOT BEEN REPAIRED.

I HAVE SPOKEN VIA TELEPHONE TO MR. PERRY, CLARK, WHO IS THE SON OF MARINELL MCKINLEY, MARINELL MCKINLEY, AND EVELYN MCKINLEY WERE MARRIED UNTIL MR. MCKINLEY PASSED AWAY IN 2008.

EVELYN MCKINLEY PASSED AWAY IN 2015.

SO MR. PERRY, CLARK PROVIDED SOME FAMILY INFORMATION, UM, AND ADVISED THAT HE AND HIS SISTER, LISA KELLY WOMACK WOULD BE THE HEIRS TO THE PROPERTY.

IT TOOK SOME QUITE SOME TIME TO LOCATE MS. LISA KELLY WOMACK.

I WAS ABLE TO RECENTLY PUT HER IN TOUCH WITH, UH, PERRY CLARK.

I KNOW MR. CLARK HAS BEEN TALKING TO ATTORNEYS TO WORK TOWARDS GETTING THIS PROPERTY OUT OF THE LIFE ESTATE.

UH, BUT I'M NOT SURE IF HE'S ACTUALLY HIRED ANYONE YET AT THIS TIME, THE PROPERTY APPEARS IN THE SAME CONDITION.

IT DID BACK IN APRIL OF 2019, WHEN IT WAS LAST BOARDED AND SECURED.

I DON'T KNOW.

NOW GO THROUGH THE PHOTOS OF THE STRUCTURE.

SURE.

IN THIS CASE WAS A REFERRAL OR,

[00:55:01]

UM, A SECONDARY HEARING FROM, UM, JULY.

I BELIEVE IT WAS AUGUST A BSC PHOTO FOR A, IS IT A CONTEXTUAL PHOTOS SHOWING THE FRONT OF THE PROPERTY FROM THE ROAD? UM, AT THIS TIME YOU COULD SEE THAT THE GARAGE DOORS ARE BOARDED UP AND THERE'S BEEN SOME ILLEGAL DUMPING IN THE DRIVEWAY OF SOME DIRT.

UM, ACTUALLY HALF OF THAT DIRT IS GONE.

NOW THERE USED TO BE TWO PILES.

NEXT PHOTO IS FOUR B.

THIS IS SHOWING THE ADDRESS OF 70 10 AND IT SHOWS, UM, OUR, UH, BOARDING OF THE GARAGE DOORS.

YEAH, FOUR C IS THE FRONT DOOR IN THIS ALSO SHOWS THE ENTRY AS YOU GO TOWARD THE FRONT DOOR.

AND THAT IS A BOARDED UP PHOTO FOUR D IS THE EXTERIOR WALLS ON YOUR WAY TO THE FRONT DOOR ON THE RIGHT SIDE, AS YOU'RE WALKING TOWARD THE FRONT DOOR, YOU CAN SEE THE SIDING IS KIND OF ROLLED UP AND ROTTED.

FOUR IS THE FRONT LEFT SIDE OF THE STRUCTURE, AND IT SHOWS OUR BOARDING OF THE FRONT TWO WINDOWS FOR AF IS THE RIGHT SIDE OF THE STRUCTURE.

AND IT'S GONNA SHOW, UH, AS WE GET DOWN FURTHER, A ROTTED EXTERIOR, AND IT SHOWING, UH, VEGETATION GROWING UP ACTUALLY THROUGH THE, UM, TRIM OF THE SIDING.

UH, THIS PHOTO FOUR G IS JUST TO THE RIGHT OF THE WINDOW THAT WE JUST SAW.

THERE'S A HOLE IN THE SIDING, A PRETTY GOOD SIZE HOLE, FOUR H IS THE REAR OF THE STRUCTURE.

AND IT SHOWS THE SLIDING GLASS DOOR BEING BOARDED UP.

AND, UM, THERE'S A HOLE AT THE BOTTOM OF THE SIDING AND, OH, THERE'S ACTUALLY A FEW OF THEM.

UM, BUT THE SIDING IS DETERIORATED AND ROTTED IN SEVERAL SPOTS HERE FOR I AS A CLOSE-UP PHOTO OF THAT HOLE, WE JUST SAW, AND YOU CAN ACTUALLY SEE THE PLUMBING PIPE, UM, COMING UP THROUGH THERE FOR JAY IS THE LEFT SIDE OF THE STRUCTURE.

AND THIS IS JUST SHOWING THE LACK OF A GAS METER.

THIS WALL IS ACTUALLY IN PRETTY GOOD CONDITION.

THIS CONCLUDES MY PRESENTATION, AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.

THANK YOU, JOE, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBING THE FINDINGS OF FACT OFFICIAL FOUND THAT THIS PUBLIC AND AN ATTRACTIVE NUISANCE FOR SUB-CENTER CONDITIONS.

STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH COULD STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS FOUR 83, FOUR J, WHICH ARE PHOTOGRAPHS OF THE PROPERTY VIOLATIONS.

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 DECIDED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAIL REQUEST INSPECTIONS FROM AUSTIN CODE, THE BARE BY COMPLIANCE AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.

ASSESS A CIVIL PENALTY OF $250 PER WEEK.

THAT WILL CONTINUE.

CHIN CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINES THAT THE REPAIRS REQUIRED BY THIS BORDER ARE COMPLETE INTEREST SHELL CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONS.

THANK YOU SUPERVISOR.

RIGHT BEFORE WE HEAR FROM THE PRETTY REPRESENTATIVES I'M GOING TO GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND FOUR BEFORE JAY.

AND, UM, I'D ACTUALLY LIKE TO COMMISSIONERS HOLD THEIR QUESTIONS UNTIL WE HEAR FROM THE PROPERTY.

UM, UNLESS ANYONE IS AFRAID THAT THEY'RE GOING TO NOT REMEMBER THEIR QUESTIONS.

OKAY.

HEARING, HEARING NOTHING.

I WILL GO AHEAD AND CALL THE PROPERTY REPRESENTATIVES.

UM, PERRY CLARK, IF YOU WOULD LIKE TO GO AHEAD.

UH, WELL, I WENT FIRST, LAST TIME AS A CHANCE ON US HERE, MY SISTER, AND LET HER GO AHEAD AND SPEAK.

UH, SO WE COULD GO FROM THERE IF THAT'S OKAY.

THAT'S FINE WITH ME.

IS IT OKAY WITH YOU, LISA KELLY? SURE.

UM, I REALLY DON'T HAVE A LOT TO SAY ABOUT THIS.

I JUST WANT IT TO BE OVER.

UM, I, I JUST, UM, I'VE BEEN SICK AND I MEAN,

[01:00:01]

I'M DEALING WITH CHEMO RIGHT NOW AND I JUST REALLY WANT THIS TO BE OVER MY DAD'S HOUSE WAS IN REALLY BAD CONDITION.

AND I TALKED TO MY BROTHER ABOUT IT.

IT'S, YOU KNOW, JUST WHATEVER MY BROTHER DECIDES I'M ON BOARD.

I HADN'T CONTACTED HIM BECAUSE I HAD INSECTS AND I TALKED TO MR. LUCAS AND I LET HIM KNOW THAT, YOU KNOW, I'M ON BOARD WITH WHATEVER MY BROTHER WANTS TO DO, YOU KNOW, DECIDE TO DO WITH THE PROPERTY.

AND I KNOW IT'S AN EYESORE RIGHT NOW, IT'S IN PRETTY BAD CONDITION AND WHATEVER MY BROTHER DECIDES, UM, FOR IT, I DON'T HAVE ANY PROBLEMS WITH, UM, IF HE WANTS TO, YOU KNOW, DO WHATEVER HE NEEDS TO DO WITH THE PROPERTY FOR IT.

SO I DON'T HAVE ANY COMPLAINTS OF, YOU KNOW, JUST, OR, YOU KNOW, TRYING TO HOLD UP ANYTHING.

I JUST WANT TO GET THIS OVER WITH, AND THAT'S MY TAKE ON THE WHOLE THING.

OKAY.

THANK YOU FOR SHARING THAT.

UM, PERRY CLARK THEN, DO YOU HAVE ANYTHING TO ADD? UH, WELL, UH, WELL, UH, UH, AT LEAST I'M SORRY TO HEAR FROM YOU GALLEY AT, UH, UH, ON THIS NOTE AND I'M SORRY THAT YOU ARE GOING THROUGH WHAT YOU'RE GOING THROUGH AND, UH, W WE HAVE A LOT TO CATCH UP ON, BUT ANYWAY, UH, AT THIS TIME AS THE LAST TIME WE SPOKE, I HAD CHANCE TO SPEAK BECAUSE THE LAST MEETING WAS COUNCIL.

I HAVE A TYPE OF DEFINED AN ATTORNEY THAT, UH, WORKS AND SPECIALIZES IN THIS AREA.

SO IT'S JUST A MATTER OF TIME AS THE ATTORNEY AND LOOKING THROUGH THINGS, BECAUSE IT MAY BE SOME ELDER PEOPLE, UNFORTUNATELY, THAT THIS PROPERTY WAS CONNECTED TO.

BUT, AND, UH, AND I'M SORRY, I'M DEALING WITH MY CAT RIGHT THERE, MOVE, GET OUT AND GET OUT.

BUT, UH, HE DID LET ME KNOW THAT IT MAY BE A 99%, I MEAN, CHANCE THAT HE WOULD REPRESENT ME IN HIS CALLS.

AND HE SAID HE WOULD GIVE ME A WEEK.

HE NEEDED TO DOUBLE CHECK SOME THINGS, BECAUSE AS I SPOKE BEFORE I SPOKE WITH, UM, A CODE ENFORCEMENT OFFICER AND ELSE, WHICH IS NICE ENOUGH TO INFORM ME THAT INDEED SOMEONE ELSE, UM, HOME, UM, GOLLY, PEOPLE HAD SET UP RESIDENCY THERE.

AND SO THAT BECAME, AND IS ANOTHER ISSUE BECAUSE IT'S SOMETHING THAT'S ON THE RECORD THROUGH TRAVIS COUNTY.

SO I HAVE TO GET THAT RESOLVED, SEE INTO THAT, HOW ARE WE GOING TO WORK THAT ALL OUT? UH, I COULD SAY THAT.

AND THEN FROM THERE, UM, LIKE I SAID, I'M PRETTY SURE THIS GUY IS GOING TO REPRESENT ME.

AND FROM THERE WE WILL, I WON'T HAVE A FULL DECISION.

AND, UH, AND WE COULD JUST GO FROM THERE AND I'M JUST WAITING ON THE WORD FOR THE ATTORNEY TO SAY, PERRY, YAY.

WE WILL.

OR NO, IT WOULD NOT, BUT I'M QUITE SURE THAT FROM WHAT I'VE BEEN TOLD ABOUT AS FAR, THAT THEY WILL REPRESENT ME IN THIS MATTER IS, UH, ANYTHING ELSE YOU GUYS NEED TO KNOW? I WANTED TO ADD TO THAT.

WELL, I THINK WE PROBABLY NEED TO REFRESH OUR MEMORIES A LITTLE BIT.

UM, SO TO REPRESENT YOU IN THE MATTER, THIS IS IN TRYING TO GET CLEAR TITLE TO THE PROPERTY OR WHERE, CORRECT? CORRECT.

BECAUSE SINCE MY DAD PASSED AWAY AT THE WAR ON A WHEEL AND, UH, HIS, THE C'S WIFE, I KNOW ONE OF HER CHILDREN, OR THEY WERE, THEY WERE HAD INTEREST IN IT OR WAS TRYING TO, SO AGAIN, YES.

UM, WITH THIS ATTORNEY, HE HAS TO LOOK THROUGH BECAUSE THEY WERE SQUATTERS THERE AND ACTUALLY SOME MAIL FOR IT TO AN ADDRESS AND MAIN OF TEXAS.

SO WE GOT TO LOOK THROUGH THAT AND SEE WHAT THAT INDIVIDUAL IS AND WHAT KIND OF CLAIM THEY WENT AND FILED ON THE PROPERTY.

AND THEN FROM THERE, I CAN TELL YOU 100% AFTER THAT, WHAT WE WILL GO AHEAD AND DECIDE TO DO AS AN, UH, YOU KNOW, AGAIN, I WANT TO SPEAK WITH MY SISTER, ALTHOUGH BIT I, UM, SHE SAID THAT SHE'S GOING TO LEAVE HER DECISION UP TO ME, BUT STILL YET, UM, THIS IS NOT GOING TO BE ONE OF THOSE DAYS AND GO, AND WE GO SIT OUTSIDE AND BAKE MOON PIES.

IT'S NOT JUST, WE'RE JUST GOING TO GO WITH THE FLOW.

AND AS MY SISTER SAID, AND MOVE AWAY AND MOVE ON TO THE NEXT CHAPTER.

BUT I DO WANT TO HEAR HER INPUT, EVEN THOUGH SHE'S HAD SAID WHAT SHE SAID, BUT, UH, I JUST WANT TO TALK TO ONE MORE LITTLE TIME ABOUT IT AND, UH, THAT WAY, SO WE CAN MOVE FORWARD WITH CONFIDENCE.

AND I WANT HER TO BE AWARE OF EVERYTHING THAT I'M DOING THROUGH THIS, BUT IT'S JUST A MATTER OF TIME, AS I SAID, ONCE MORE, UH, JUST THE ATTORNEY GETTING BACK TO ME, CHECKING RUNNER, THAT NAME, WHATEVER THAT PERSON, WHOEVER THOSE INDIVIDUALS FOR THAT, UH, FILE FOR TRAVIS COUNTY.

AND THEN, UH, AND THEN DURING

[01:05:01]

THAT TIME, I WILL TALK TO MY SISTER AGAIN AND SPEAK WITH HER TO JUST, YOU KNOW, JUST BECAUSE THAT'S JUST THE THING TO DO.

AND THEN AFTER THAT WE WILL MOVE OR DECISION UH, I'M I'M THAT CONFIDENT.

OKAY.

BUT TONIGHT YOU'RE NOT PREPARED TO SAY WHAT DECISION MIGHT BE, WHETHER THAT'S TO MAKE THE REPAIRS.

RIGHT.

RIGHT.

ONLY ON THE, ON, ON THE FACT OF, I'M JUST REALLY WAITING FOR HIM TO SAY, HE'LL REPRESENT ME IN THAT.

AND THAT'S GOING TO LET ME KNOW A WHOLE LOT RIGHT THERE.

THAT'S GOING TO PRETTY MUCH PUT THE NAILS IN THE COFFIN IF YOU WILL.

AND THEN THAT WAY I'LL BE ABLE TO COME BACK, SORRY ABOUT THAT.

I WENT TO LOOK TO FOR MY CAR, BUT AFTER, UH, LIKE I SAID, THAT WOULD BE THE NAILS IN THE COFFIN.

AND THEN AFTER THAT DECISION MADE, I CAN COME BACK WITH AN EVEN FASTER DECISION AND THEN WE'LL JUST MOVE FORWARD WITH THAT PROCESS.

BUT I COULD DEFINITELY TELL YOU THAT.

YEAH.

OKAY.

THERE'S ANOTHER QUESTION I WOULD HAVE.

SO, YEAH, AS IN SAYING, NO, THERE'S NOT GOING TO BE ANY WORK DONE ON HIS OWN.

THAT'S A NIGHTMARE TOMORROW.

I CAN TELL YOU THAT.

OKAY.

WELL, THE FOLLOW-UP QUESTION THAT I HAVE, AND MY FELLOW COMMISSIONERS MIGHT HAVE OTHER QUESTIONS TOO, BUT THE QUESTION THAT I HAVE, SO THE STAFF'S RECOMMENDED ORDER IS TO MAKE ALL REPAIRS WITHIN 45 DAYS.

OKAY.

UH, WHETHER ARE THEY GOING TO BE IN REPAIRS IN 45 DAYS? IS THAT YOUR QUESTION? THE QUESTION IS WHAT, WHAT DO YOU THINK OF THE PROPOSED ORDER WE HAVE NOT NOW THE COMMISSION HAS NOT MADE IT.

UM, I'M NOT, UH, WHEN I'M GETTING, I CAN'T REMEMBER SOME OF THE PROPOSALS OF, UH, YOU KNOW, FIXING THE PROPERTY UP AND YADA, YADA, YADA MOVING IN THAT DIRECTION.

AND I DON'T THINK THAT'S GOING TO MOVE THAT WAY AND TO BE BRUTALLY HONEST, UH, IF I CAN GET THIS THING, IF WE CAN GET UP UNDER IT FROM, UH, ANDRE AND, YOU KNOW, LIKE I SAID, WALK AWAY SMILING, HAVING HIGH FIVES.

THAT THAT WOULD BE GREAT.

BUT IN ORDER TO DO THAT, HAVE TO HAVE A CLEAR TITLE.

OKAY.

THANK YOU, MR. CLARK, UH, COMMISSIONERS QUESTIONS FOR INVESTIGATOR LUCAS OR MR. CLARK OR MS. KELLY? UM, THIS IS COMMISSIONER MUELLER.

YES, PLEASE GO AHEAD.

I HAVE A QUESTION FOR MR. CLARK.

UM, DO YOU HAVE ANY IDEA HOW LONG ASSUMING THIS ATTORNEY SAYS THAT WILL TAKE TO GET TITLE? OKAY.

UH, NO, MA'AM, I, YOU KNOW, I WOULD LIKE TO GIVE YOU A DATE, A SPECIFIC DATE, BUT I DON'T, BUT I CAN TELL YOU, UH, LET'S SEE, THIS IS THE IN, AND, UH, I CAN SAY BY NEXT FRIDA