[CALL TO ORDER]
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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.
STILL STEAD RATHER THAN RIGHT JAMES
SHADAE OGUN BODHI PRESENT EDGAR FERERA ACTUALLY, I HAVEN'T SEEN EDGAR FERRERA.
UM, PERHAPS HE'LL JOIN US LATER.
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.
I WOULD ALSO LIKE TO GO AHEAD AND INTRODUCE CODE INVESTIGATOR, MARLENA WRIGHT, WHO WILL BE INTRODUCING THE CASES.
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.
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.
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.
THIS IS DANIEL MURPHY WITH CTM.
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
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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.
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.
SO WE'RE GOING TO TAKE NUMBER FOUR FIRST.
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.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.
IS THERE A SECOND FOR THE MOTION? YES, I'LL SECOND THAT GREAT.
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
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.
ANY OPPOSED? ANYONE ABSTAINING? OKAY.
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.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
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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.
I'D LIKE TO MAKE SURE EVERYBODY CAN SEE ME AND I'M COMING THROUGH.
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.
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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.
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
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.
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
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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.
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.
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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.
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.
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.
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.
UM, SO I UNDERSTAND UNITS SEVEN AND EIGHT ARE, WERE UNOCCUPIED IN SEPTEMBER AND REMAIN NOT UNOCCUPIED NOW.
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.
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.
SO IT SOUNDS LIKE THE OWNER IS EVICTING THE TENANTS AND YOU KNOW, NOT MOVING FORWARD WITH THE REPAIRS.
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.
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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.
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.
UM, THERE IS A MORATORIUM ON EVICTIONS THROUGH THE END OF THE YEAR.
UH, I BELIEVE IT'S THROUGH DECEMBER 31ST.
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.
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.
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.
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.
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.
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.
[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.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.
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.
IS THERE JUST ONE OPPOSED? UM, JUST ONE.
IS THAT YOU COMMISSIONER THOMPSON? YOU ARE SO CORRECT.
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.
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.
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.
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.
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.
[00:45:01]
IT'S INSIDE THE CHAIR.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.
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.
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.
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.
I, UM, I HAVE A QUESTION FOR MR. CARR.
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.
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.
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.
I THINK WE'RE, I THINK WE'RE GOOD.
NOT HEARING A LOT OF, UH, DESCENT HERE, SO WE WILL, WE WILL MOVE ON.
UM, I BELIEVE WE'RE DONE WITH, UH, ITEM NUMBER FOUR.
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.
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 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.
UH, DO WE HAVE LISA KELLY? YES.
[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.
[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 NUMBERIT 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.
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.
NOW GO THROUGH THE PHOTOS OF THE STRUCTURE.
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.
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.
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.
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.
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.
IS IT OKAY WITH YOU, LISA KELLY? SURE.
UM, I REALLY DON'T HAVE A LOT TO SAY ABOUT THIS.
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.
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.
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.
[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.
BUT TONIGHT YOU'RE NOT PREPARED TO SAY WHAT DECISION MIGHT BE, WHETHER THAT'S TO MAKE THE REPAIRS.
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.
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.
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.
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.
BUT IN ORDER TO DO THAT, HAVE TO HAVE A CLEAR TITLE.
THANK YOU, MR. CLARK, UH, COMMISSIONERS QUESTIONS FOR INVESTIGATOR LUCAS OR MR. CLARK OR MS. KELLY? UM, THIS IS COMMISSIONER MUELLER.
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 FRIDAY, FOR SURE A DECISION WILL BE MADE.
SO YOU'LL KNOW THAT YOU HAVE AN ATTORNEY AT THAT POINT AND MAYBE YOU'RE ABLE TO ESTIMATE THE TIME IS THAT I KNOW IT CAN BE VERY COMPLICATED.
AND, AND LIKE, AS I SAID, JUST, YOU KNOW, IT WAS A SQUATTER MOVED IN AND THEN GET THAT, OR WHATEVER ELSE HAS, YOU KNOW, JUST GOTTA GET THOSE THINGS, UH, YOU KNOW, STRAIGHT NOW, BEFORE I CAN MOVE FORWARD.
IF I CAN SAY FOR THE RECORD AGAIN, COMMISSIONER THAT, UH, CURRENTLY THERE'S, THERE'S NOBODY IN THIS, THIS, UH, STRUCTURE.
IT, IT IS STILL BOARDED AND SECURED AND HAS BEEN FOR, WELL OVER A YEAR.
UM, THE STAFF, UH, WHEN DID THIS FIRST COME UP ON THE RADAR WAS A 2017 MUST HERE.
WHEN DID, UH, IT DID COME INTO OUR, UM, SYSTEM, JULY 26 OF 2017.
SO IT'S BEEN OVER THREE YEARS THAT IT'S BEEN BOARDED UP, UH, AND SECURED, BROKEN INTO BORDERED UP AGAIN.
AND THEN, UH, I HAVE A GAS METER.
DID I HEAR THAT CORRECTLY? SORRY.
THE STRUCTURE, THERE IS NO GAS MADER AT THE PLACE RIGHT NOW, AND THERE ARE NO TENANTS THAT ARE RESIDING IN IT.
THIS IS A REMINDER TO ALL COMMISSIONERS, JUST TO PLEASE
[01:10:01]
MUTE YOURSELF OR MAKE SURE YOU'RE ON MUTE, UNLESS YOU'RE ABOUT TO SPEAK FRIENDLY REMINDER.AND ACTUALLY A FOLLOW UP QUESTION FOR INVESTIGATOR LUCAS.
SO DO YOU SEE ANY IMMINENT DANGER WITH THE STRUCTURE REMAINING AS IS FOR, YOU KNOW, OTHERS THAT JUST CONTINUING DETERIORATION? I SEE JUST CONTINUING DETERIORATION.
UM, THERE WERE PREVIOUS SQUATTERS.
I THINK THAT WE'RE TRYING TO, UM, GET THE PROPERTY IN THEIR NAME SOMEHOW BY ATTEMPTING TO PAY FOR THE EXISTING PROPERTY TAXES THAT HAVEN'T BEEN PAID.
UM, AND, UM, I HAVEN'T HEARD FROM THEM IN A BIT, BUT, UH, THERE, THERE IS NOBODY RESIDING IN THE STRUCTURE.
IT IS STILL BOARDED AND SECURED AND HAS BEEN THAT WAY FOR OVER, UH, OVER A YEAR.
OTHER COMMISSIONERS QUESTIONS, MOTION.
THIS IS COMMISSIONER GREEN AND I, UH, UH, MOVE THAT.
WE ACCEPT THE, UH, RECOMMENDATIONS ADVICE BACK.
IS THERE A SECOND? YES, JESSICA MANGRUM I'LL SECOND.
UM, ARE WE ALSO VOTING ON THE STAFF RECOMMENDATION? YEAH.
THERE'S THAT PART OF THE MOTION? YES, THAT, THAT WAS THE MOTION WAS TO, TO GO WITH STAFF'S RECOMMENDED ORDER, WHICH, WHICH IS A 45 DAY TIMEFRAME TO COMPLETE ALL THE REPAIRS.
UH, DOES THIS GIVE YOU OWNERS OR PROSPECTIVE OWNERS ANY ADDITIONAL, UH, LEEWAY TO AS FAR AS ANY PERMITS THEY NEED OR ANYTHING OF THAT NATURE? SO STAFF'S RECOMMENDED ORDER WAS TO REPAIR ALL CITED VIOLATIONS WITHIN 45 DAYS REQUEST INSPECTIONS FOR COMPLIANCE AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, WHICH MEANS ALL INSPECTIONS NEED TO BE DONE AND PASSED, THEN THERE'LL BE A CIVIL PENALTY OF $250 PER WEEK.
SO IN ESSENCE, WHAT WOULD BE SHOWING AN ORDER, I GUESS, IN THE STATE? I MEAN, IS THAT WHAT WE'RE DOING? THAT'S A GOOD QUESTION.
MR. CARTER, WOULD YOU LIKE TO WEIGH IN SURE.
BRANDON CARR ASSISTANT CITY ATTORNEY, UM, FOR THOSE LISTENING? WELL, THE ORDER WOULD GO WITH THE PROPERTY.
SO IT'S NOT NECESSARILY TO THE ESTATE, IT'S WHOEVER THE OWNER IS TO MAKE THE REPAIRS, UM, YOU KNOW, HOW THEY FIGURE OUT THE, UH, WHO HAS AN INTEREST IN IT.
THAT'S CURRENTLY SOMETHING OUTSIDE OF YOUR SCOPE, BUT WHAT IS THE ESTATE ONCE THE JUDGE MAKES A DECLARATION OR THE PROBATE JUDGMENT DECLARATION WHO THE HEIRS ARE AND DISTRICT NEEDS THEM.
AND WE, AT THAT POINT, I HAVE NOT, I THINK WE'RE JUST ISSUING IT AGAINST THE STATE, CORRECT.
ANYONE COULD TECHNICALLY START DOING THE REPAIRS, THEY JUST RISK, UM, POTENTIALLY NOT BEING THE DECLARED, THE FINAL OWNER OF THE PROPERTY.
YOU KNOW, THAT'S, THAT'S SORT OF A RISK THAT, THAT THEY TAKE WHEN THEY, WHEN THEY GO AHEAD AND STEP FORWARD TO DO SOMETHING ON THE PROPERTY.
AS FAR AS PAYING THE PROPERTY TAXES, THEY MAY PAY THE PROPERTY TAXES AND NOT BE DECLARED THE FINAL OWNER OF THE PROPERTY.
I CAN SPEAK TO THAT A LITTLE BIT.
UH, TECHNICALLY SPEAKING UNDER THE GENERAL LAW, THE, IF REALLY THE HEIRS ARE SUPPOSED TO INHERIT THAT PROPERTY AND THEY ALREADY INHERITED AT THE TIME OF DEATH.
SO TECHNICALLY SPEAKING, THERE IS AN OWNER.
UM, YOU KNOW, IF WE CAN PRESUME THAT THE OWNERS ARE THE HEIRS, BECAUSE IT WAS UNDER A LIFE ESTATE, FROM WHAT I UNDERSTAND.
SO THERE ARE SOME AREAS AND THEY WILL BE THE OWNERS, IF THAT HELPS.
I THINK WE'LL, I THINK ANOTHER POINT TOO, WOULD BE IF THE HEIRS ACTUALLY INTEND TO HOLD ONTO THE PROPERTY AND MAKE, MAKE THOSE REPAIRS, OR IF THEY INTEND TO SELL IT OR DEMOLISH IT OR DO SOMETHING ELSE.
AND I, I THINK WE HEARD THAT THERE WAS SOME INDECISION
[01:15:01]
THERE.SO, UH, INVESTIGATOR LUCAS, JUST, I CAN SAY THEY, UM, MS. MCKINLEY PASSED AWAY IN 2015, SO IT'S BEEN FIVE YEARS SINCE SHE'S PASSED AWAY, WHICH MEANS THIS PROPERTY IS TECHNICALLY BEEN VACANT FOR FIVE YEARS.
AND NOBODY'S BEEN ABLE TO MAKE A DECISION UP UNTIL THIS TIME.
THANK YOU, INVESTIGATOR LUCAS.
THIS WAS COMMISSIONER MANGRUM.
I THINK, UM, WE ALL UNDERSTAND THAT PROBATE AND ESTATES CAN BE COMPLICATED AND THAT THEY CAN TAKE A WHILE, BUT I ALSO THINK THAT, UM, WE'VE SEEN KIND OF A PATTERN OF WHEN WE GIVE, UM, WHEN WE CONTINUE A CASE FOR SEVERAL MONTHS, UM, YOU KNOW, GENERALLY SPEAKING, UH, THE PARTIES INVOLVED HAVE NOT TAKEN ADVANTAGE OF THE TIME THAT HAS BEEN GIVEN, GIVEN BY KICKING THE CAN DOWN THE ROAD AND, UM, HAVING THE HEARING SEVERAL MONTHS LATER.
AND I FEEL LIKE THIS IS ONE OF THOSE SITUATIONS.
UM, IT'S KIND OF UNFORTUNATE, BUT HERE WE ARE.
IS THERE ANY FURTHER DISCUSSION OR SHALL I CALL THE QUESTION? OKAY.
SO THE MOTION ON THE TABLE IS TO ADOPT STAFF'S RECOMMENDED FINDINGS AND CONCLUSIONS OF LAW AND THE ORDER, WHICH IS TO MAKE ALL TO REPAIR ALL SIDE OF VIOLATIONS WITHIN 45 DAYS AND REQUEST INSPECTIONS.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS ARE COMPLETE AND INTEREST WILL BE AT 10% PER YEAR.
ALL FAVOR, SAY, AYE, ANY OPPOSED? I'M SORRY.
ARE THOSE, I HAVE SAY ONE ABSTAIN, ANY OPPOSED? OKAY.
SO ALL WERE IN FAVOR EXCEPT FOR COMMISSIONER ABILA, WHO HAS ABSTAINED THE MOTION PASSES.
SO, UH, FOR MR. CLARK AND MS. KELLY, THE ORDER WILL BE MAILED OUT TO YOU.
AND IF YOU HAVE FURTHER QUESTIONS, PROBABLY GET WITH YOUR, WITH INVESTIGATOR LUCAS, WOULD YOU BE A GOOD ONE FOR THEM TO SPEAK WITH, WITH FURTHER QUESTIONS, WE'LL BE DOING A CASE EXCHANGE AND JOSEPH JOSEPH, AND I CAN LEAD THAT.
UH, THEN I BELIEVE WE ARE READY FOR CASE
[3. Case Numbers: CL 2020-017823 Property address: 2411 Longview Street / Owner: Hosebark, LLLP Staff presenter: Farah Presley, Austin Code Department Staff recommendation: Vacate previous order and issue new order to repair commercial structure Previous Commission Action: Order issued February 26, 2020 for repair of commercial structure]
NUMBERS THREE.AND, UM, I'M GOING TO LET THE RECORD SHOW THAT COMMISSIONER.
FREIBERGER WILL BE ABSTAINING FROM THIS ONE WILL BE RECUSING FROM THIS ONE AND I WILL RETURN FOR THE NEXT ITEM ON THE AGENDA AFTER THAT, UM, VICE CHAIR.
ABILA IF YOU WERE READY TO TAKE OVER, THIS HAS GOT TO BE A GENDER, WHICH ONE? SORRY.
WE ARE ON AGENDA ITEM NUMBER THREE.
THE NEXT ITEM FOR THE COMMISSION'S CONSIDERATION IS ITEM NUMBER THREE IS A RETURNING CASE REGARDING THE PROPERTY LOCATED AT 24 11 LONG STREETS.
THE CASE NUMBER IS
AND IT IS THE ORANGE BOOK IN OUR GOOGLE DRIVE FOLDER.
YEAH, THIS IS ABOUT A VACANT COMMERCIAL GROOMING AND BOARDING HOUSE WAS SUB-CENTER CONDITIONS, WHICH REQUIRES REPAIR.
THIS IS HARD IN FEBRUARY AND REPAIR ORDER WAS ISSUED THE PROPERTY TRANSFERRED OWNERSHIP JUST PRIOR TO THE MEETING AND THE PROPERTY WAS NOT REPRESENTED AT THE FEBRUARY.
HEARING AT THE REQUEST OF THE NEW OWNERSHIP.
THE CASES RETURNED TO THE COMMISSION TONIGHT FOR RECONSIDERATION IN YOUR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO, WHICH ARE PREVIOUSLY EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINT AND CASE HISTORY, A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT THEIR VICE MEMBERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING IN THE PARK POSTINGS.
A COPY OF THE STRUCTURAL ENGINEER'S REPORT DATED SEPTEMBER 3RD, 2019, A COPY OF THE EXISTING BSC ORDER TRB 2020 ZERO
[01:20:01]
EIGHT EIGHT NINE FIVE TO ANY PENALTY STATEMENTS, EXHIBIT FOUR, WHICH OF CODE'S PHOTOGRAPHS MARKED AS FOUR 84 J AND D CODES RECOMMENDED ORDER CODE INSPECTOR FOR PRESLEY IS HERE TONIGHT TO PRESENT PHOTOGRAPHS MARKED AS EXHIBITS FOUR 84 J AND DISCUSS THE VIOLATIONS IS THEY'RE DEPICTED IN THE INSPECTOR PRESLEY.I'M AN INSPECTOR WITH THE CITY OF AUSTIN CREDIT DIVISION, AND I'M ASSIGNED TO THIS CASE.
THE INITIAL COMPLAINT CAME IN AS A THREE ONE ONE COMPLAINT ON 10, EIGHT, 20, 19 AS JUNK AND RUBBISH AND PUTTING DUMPSTER IN THE WRONG SPOT.
THIS WAS A ROOMMATE IN BOARDING HOUSE.
THIS IS A MULTIFAMILY STRUCTURE THAT WAS CURRENTLY VACANT.
THIS IS A LICENSED FRATERNITY WITH THE CITY OF AUSTIN.
AT THE TIME OF FIRST INSPECTION, THE CODE OFFICER WAS APPROACHED BY A FRATERNITY MEMBER TELLING HIM THAT THEY CANNOT STAY IN CERTAIN ROOMS. DO THE SINKING OF THE STRUCTURE.
THIS WAS FOLLOWED UP WITH A STRUCTURAL ENGINEER REPORT.
EMBRACING WAS PLACED UNDERNEATH THE LOFT GARAGE AREA, ALONG WITH THIS WITH SEVERAL OTHER ISSUES AT THE PROPERTY THAT WERE NOTED THAT THE NOTICE WAS SENT FOR THEIR PROPERTY WAS VACATED AND NO ISSUES HAVE BEEN FIXED.
EXCEPT THE BRACING, THE PROPERTY WENT TO BSC ON TWO 13, 2020 FOR NON-COMPLIANCE.
THE PROPERTY WAS SOLD TO A NEW OWNER ON TWO 11, 20, 20, BUT WE WERE NOT INFORMED BEFORE BSC AND IT'D BE S B A C ORDER WAS PLACED ON THE PROPERTY.
WE WERE ASKED BY THE NEW PROPERTY OWNER TO BRING THIS CASE BACK TO BE A SAFE, FOR, TO HAVE A CHANCE TO PRESENT THEIR CASE.
THE NUNA, THE NEW OWNER HAS KNOWN THE ISSUES SINCE THREE 18 2020, AND DID RECEIVE NOTICE FOR ALL VIOLATIONS ON PROPERTY AND THE FOLLOWING PHOTOS.
I WOULD DISCUSS THE VIOLATIONS AT THE PROPERTY PHOTO FOUR, A FOUR A SHOWS THE FRONT CONTEXTUAL VIEW OF THE PROPERTY AND THE NEXT PHOTO FOUR B SHOWS THE SILK FENCING THEM BY THE NEW OWNER AND THE MAIN STEPS TO GET ONTO THE PROPERTY.
THIS FENCE IS LOCKED AND YOU CANNOT SEE THROUGH THE SILK STAND SAYING OVER THE SIX FOOT FENCE AND THE NEXT PHOTO FOUR C SHOWS THE COLLAPSE RETAINING WALL ON THE LEFT SIDE OF THE PROPERTY.
IT ALSO SHOWS THE FRONT OF THE BUILDING AND THE SINKING OF THE STRUCTURE.
NEXT PHOTO FOUR D IS A LITTLE BIT CLOSER VIEW NEAR THE BALCONY.
YOU COULD SEE THE, UH, THE SEE CLOSER UP FOR THE BRACE THAT HAD TO BE PLACED AND THE HOLES UNDERNEATH THE STRUCTURE FOR
AND YOU CAN SEE THE CRACK ON THE WALL THAT IS FORMED FROM THE SINKING OF THE STRUCTURE.
NEXT PHOTO FOUR, OR AFTER SHOWS A MORE OF A LEFT-HAND SIDE VIEW OF THE BUILDING STRUCTURE.
WE'RE A LOT OF THE BRACING IS STARTING TO BOW FROM THE WEIGHT, NICK 4G.
THIS IS THE ENTIRE LIFT SIDE OF THE PROPERTY.
UM, JUST FOR THE BRACE, IT NEEDED TO BE PLACED KIND OF TO SHOW YOU EXACTLY WHAT IT WAS.
IT'S KIND OF LIKE A LOFT BALCONY WHERE YOU COULD PARK UNDERNEATH IT.
NEXT PHOTO FOUR H JUST SHOWS WHERE SOME OF THAT METAL BRACING IS STARTING TO BEND AND A SWAY WHERE IT'S NOT SUPPOSED TO NEXT PHOTO.
I, THAT, IT'S KIND OF A FAR AWAY PICTURE OF THE ENTIRE SIDE LEFT SIDE OF THE PROPERTY FOR JAY.
THIS IS THE BACK OF THE PROPERTY.
SO THEY HAVE ACTUALLY FENCE AROUND THE ENTIRE PROPERTY, ALONG WITH SILK FENCING TO PREVENT ANYBODY FROM GETTING NEAR THE BUILDING.
THIS CONCLUDES MY PRESENTATION, AND I CAN ANSWER ANY QUESTIONS.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS, THEN THOSE DESCRIBING THE FINDINGS OF FACT, THE PIVOT, THE SHUTDOWN OF THE STRUCTURES OF PUBLIC AND SUBSTANDARD CONDITIONS, SOUTH AFRICAN MISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES THAT THOSE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER DOCUMENTS AND EXHIBIT FOUR EIGHT, THE THIRD DAY, WHICH I'VE THOUGHT ABOUT TO THE PROPERTY, THE VIOLATIONS SAP ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING.
THEY VACATE THE COMMISSION'S ORDER TRB 2020 ZERO EIGHT EIGHT NINE FIVE TWO.
IS SHE FEBRUARY OF 2020? WE'VE ALL AGREED PENALTIES FROM TRB
[01:25:01]
UNTIL ALL THE REPAIRS ARE COMPLETED.NOW, THE 46 DAY OF COMPLIANCE IS NOT GOING TO ACHIEVE ASSESS A CIVIL PENALTY THAT THOUSAND DOLLARS PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIR REPAIRS REQUIRED BY THIS BOARDER OR INTEREST SHELTERED AND AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL.
YES, HE, DO YOU IDENTIFY YOURSELF OR YOU'RE UNDER OATH? YES.
THIS IS GRETTA GOLDSTEIN AND I REPRESENT THE PROPERTY OWNER, UM, HAS BARK LLP.
AND, UM, MY CLIENT, WE SUBMITTED A PROPOSAL TO YOU TODAY.
UM, MY CLIENTS SINCE RECEIVING THE NOTICE, UM, UH, MARCH 18TH, 2020 OF THE VIOLATION, UM, WELL BACK UP A LITTLE BIT, WHEN MY CLIENT, BEFORE MY CLIENT BOUGHT THIS PROPERTY, THEY RECEIVED A DEMOLITION PERMIT FOR IT, SO THAT THE ULTIMATE PLAN WAS DEMOLITION.
IT IS NOT TO, UH, REHAB IT, THE BUILDING.
UM, WE CLOSED ON A PROPERTY WITH REPRESENTATIONS FROM THE, UH, OWNER THE, AT THE TIME, THE SELLER THAT THERE WERE NO OUTSTANDING VIOLATIONS.
UM, MOVING FORWARD, WE GOT THE NOTICE ON THE 18TH OF THE EXISTING ORDER.
AND, UM, SINCE THAT TIME, UH, THE CURRENT OWNER HAS SECURED THE PROPERTY, UM, AS STAFF NOTED AND, UM, HAS OBTAINED CERTAIN SURVEYS AND REPORTS NECESSARY TO PROVIDE A TEMPORARY SHORING FOR THE STRUCTURE TO REMEDY THE COMPLAINTS.
UM, AT THE, AT THE TIME OF CLOSING THE CURRENT OWNER, UM, BELIEVED THAT DEMOLITION WOULD PROCEED AT A MORE, UH, FAST PACED, UH, LEVEL AND, UH, COVID HIT US.
AND, UM, SO TIMING ON THE DEMOLITION IS CURRENTLY UNCERTAIN AND THEREFORE PROPOSE THIS PLAN.
THEY HAVE RETIRED, RETAINED A STRUCTURAL ENGINEER.
THEY HAVE RETAINED A CONTRACTOR AND THEY HAVE RETAINED A PROPERTY MANAGER.
THE SITE IS CURRENTLY BEING, UM, SECURED AND, UM, PATROLLED ON A DAILY BASIS.
AND, UM, IT IS THEIR FULL INTENT TO REMEDY THE, UM, VIOLATIONS AND GET THIS PROPERTY BACK UP INTO, THEY'RE NOT GOING TO REHAB IT, BUT TO A POINT WHERE IT IS IN A CONDITION WHERE THE TEMPORARY SHORING PROTECTS THE INTEGRITY OF THE BUILDING, UM, THAT BEING SAID, WE WOULD LIKE ADDITIONAL TIME.
WE WOULD REQUEST ADDITIONAL TIME, UH, TO DO THIS BASED ON THE CONVERSATIONS AND REPORTS THAT WE'VE RECEIVED FROM CONSULTANTS.
WE BELIEVE THAT AN OUTSIDE DATE OF MARCH 1ST, 2021, UM, IT COULD BE AS EARLY AS, UH, JANUARY 15TH, JANUARY 30TH, 2021, BUT JUST GIVEN THE CURRENT STATE OF EVERYTHING RIGHT NOW, UM, WE WOULD, WE WOULD ASK FOR THAT OUTSIDE DATA MARCH 1ST, UM, AND ASK THAT THE, THAT THE FIVES PREVIOUSLY OCCURRED UNDER, UM, THE EXISTING ORDER THAT IS NOW BEING, UH, VACATED AND ARE BEING RECONSIDERED TONIGHT, UH, B UH, WAIVED AND A NEW ORDER BE PUT IN PLACE TO GIVE THIS OWNER ADDITIONAL TIME TO, UH, SHORE UP THE BUILDING WITH A TEMPORARY SHORING STRUCTURE.
AND I HAVE ON THE PHONE, THE OWNER, AND, UM, I BELIEVE THE ENGINEER AND THE CONTRACTOR WHO CAN ANSWER QUESTIONS ABOUT THE SPECIFICS OF THE, UM, THE PROPOSAL.
DO YOU HAVE ANY EVIDENCE TO PRESENT OTHER THAN YOUR PRESENTATION? I'M SORRY.
DO YOU HAVE ANY EVIDENCE THAT YOU WANT TO PRESENT TO THE SHOW, THE COMMISSION, OTHER THAN YOUR ORAL PRESENTATION? WE SENT, WE SUBMITTED THIS, WE SUBMITTED A, UM, TO SUMMARY OF EVERYTHING THAT WE'VE OBTAINED AND WE'RE HAPPY TO PROVIDE A REPORT AS WE GET THEM, AND WE'RE HAPPY TO PROVIDE, UM,
[01:30:01]
YOU KNOW, CONSISTENT AND CONTINUOUS, UH, PLANS, UM, AS, AS THESE ARE DEVISED, AS WE GET THESE REPORTS BACK, UM, WE CAN PROVIDE THE CURRENT REPORTS THAT WE HAVE AND THE CONTRACTS THAT WE HAVE APOLOGIZED FOR NOT BEING ABLE TO, FOR NOT SUBMITTING THESE, UM, TO YOU ALL FOR REVIEW, UM, IN ADVANCE.MY UNDERSTANDING OF TONIGHT WAS THAT I WAS JUST REQUESTING A RECONSIDERATION.
AND SO I UNFORTUNATELY DID NOT HAVE COPIES OF THESE READY TO, TO UPLOAD AND GET TO YOU ALL.
BUT WE ARE WAITING FOR ADDITIONAL REPORTS THAT WE CAN FOLLOW UP AS, UH, AS SOON AS WE HAVE THOSE, BUT WE ARE MOVING FORWARD.
UH, CONTRACTS HAVE BEEN ENGAGED AND, UM, PRELIMINARY STUDIES AND INVESTIGATIONS HAVE BEEN UNDERTAKEN.
OKAY, THANK YOU FOR THE PRESENTATION.
ARE THERE ANY TOOLS BY THE COMMISSIONERS OVER THE PRESENTER, GREATER, UH, COSTLY VICE CHAIR, IF I MAY, FOR A SECOND, UM, THERE IS A REPORT OR A DOCUMENTS PROVIDED BY THE PROPERTY REPRESENTATIVE.
I WOULD ASK THAT YOU ADMIT THAT INTO EVIDENCE ALSO.
UH, AND THERE'S ONE THAT WE DIDN'T GET A CHANCE TO REVIEW.
BUT WE DIDN'T HAVE TO BE PRESENTED TO STAFF.
AND THE, UH, REPORT BY THE PROPERTY OWNERS WILL BE ACCEPTED INTO EVIDENCE.
ANY QUESTIONS? THIS IS COMMISSIONER MUELLER.
UM, I HAVE A QUESTION MAYBE OWNER REPRESENTATIVE WHEN HE WENT TO DEMOLISH.
WELL, SO GIVEN THE CURRENT STATE OF, UM, THIS CLIENT IS THIS OWNER IS BASED NEW YORK, GIVEN THE CURRENT STATE OF THE FINANCING MARKET, THEY'RE CURRENTLY MARKETING THE PROPERTY AND HAVE, UM, SOMEONE, A WILLING BUYER.
UM, THAT WILL BE, WE ARE NOT GOING TO BE, UM, IN THE PROCESS OF DEMO DEMOLISHING IT, UM, AT THIS POINT IN TIME.
AND I CAN LET THE OWNER FURTHER ELABORATE ON THAT.
UM, BUT WE BELIEVE THAT IT WILL BE EMINENT, HOWEVER, UM, ON ADVISING MY CLIENT AND MY CLIENT NOT WANTING TO, TO BE IN CONTINUING VIOLATIONS WITH THE CITY, WE, WE FELT IT NECESSARY TO MOVE FORWARD ON TWO PARALLEL PATHS.
SO IT'S POSSIBLE THAT THIS BROUGHT THAT THIS COULD BE, THAT WE COULD MOVE FORWARD WITH THE DEMOLITION.
UM, YOU KNOW, IN A MORE, THERE, THERE ARE SOME THINGS THAT HAVE TO BE DONE IN CONJUNCTION WITH THAT.
UM, NAMELY ONE, THERE IS A TREE THAT WOULD, THAT HAS TO BE DEALT WITH, UM, AND, AND PROTECTED AROUND, UM, IN CONJUNCTION WITH THE DEMOLITION.
SO WE'RE, WE WOULD PROBABLY STILL BE ON THE SAME TIMELINE IF WE STARTED TODAY ON THAT PATH, BUT, UH, FELT THAT GIVEN THE FACT THAT WE, WE DID NOT WANT THESE VIOLATIONS TO BE CONTINUING, WE MOVED FORWARD ON THIS PATH TO, UH, PROVIDE THE TEMPORARY SHORING AND, UH, SPEND THE MONEY TO DO THAT RIGHT NOW, GIVEN THE FACT THAT THEY'RE NOT, THAT THE DEMOLITION IS NOT IMMINENT.
AND YOU ARE RECOGNIZED, SO, UH, THIS PROPERTY IS OVER THERE, UH, WEST CAMPUS AREA.
UH, IS THAT CORRECT? THE STAFF AND, UM, DID I HEAR YOU SAY IT'S WOBBLING? I MEAN, IT'S, IT'S AN ELEVATED WITH A STAFF THAT I KNOW YOU SAY THAT THE ELEVATION THAT THE, UH, THE, UH, STANCHIONS UNDERNEATH OF, UH, PARTS THAT ARE RAISED, BUT THEY WERE WOBBLY.
THAT SOUNDS PRETTY, UH, UH, PERSONALLY IT SOUNDS ARROGANT.
IS THAT THE SAFETY ISSUE? I MEAN, IF, FOR INSTANCE, SOME KID RAN UNDERNEATH THERE, COULD THERE BE AN ISSUE? CAUSE YOU CAN TELL THEY'VE ADDED ADDITIONAL BRACING SINCE THEN, UH, THIS NEW CONTRACT, THE GRETTA THAT YOU'RE TALKING TO, WE'VE TALKED A LOT AND THEY HIRED A NEW CONTRACTOR THAT CAME IN THERE, EMBRACED SOME MORE UP THERE.
SO I DON'T THINK WE HAVE, AND THAT'S ALSO WHY THEY DID THE SIX FOOT FENCING AND, UH, SILK FENCING ALL THE WAY AROUND THE PROPERTY.
AND THEY ALSO, I THINK HABIT, UM, A PERSON ACTUALLY HAD GUARD GOING AROUND THAT PROPERTY CONSTANTLY.
THAT WAS STAFF'S RECOMMENDATION OF $250 A, IS IT A MONTH OR A WEEK?
[01:35:03]
SORRY, $4,000.SO, UH, THE REPRESENTATIVE OF THE OWNERS, WHEN IS YOUR EXPECTATION THAT YOU'RE GOING TO HAVE, UH, YOUR, UH, STRUCTURING THE ROAD TO, UH, TO MOVE FORWARD HERE? WELL, WE'RE MOVING FORWARD NOW AND UPON RE WHAT, WHAT OUR NEXT STEP IS TO RECEIVE BACK, UM, THE FINAL ENGINEERING DESIGN FROM THE STRUCTURAL ENGINEER.
SO WE HAD TO GET THE REPORT FROM THE STRUCTURAL ENGINEER.
AND THEN, UM, THEY'RE NOW THEY'RE CURRENTLY DESIGNING THE, UH, SHORTING DESIGNED TO SUPPORT EXISTING PAYMENTS UNTIL ABATEMENT DEMOLITION CAN BEGIN.
AND WE ASSUME THAT THE FINAL ENGINEER DESIGN COULD BE DONE AS EARLY AS NOVEMBER 30TH, BUT IT COULD BE AS LATE AS DECEMBER 31ST, DEPENDING ON WORKLOADS WITH THE ENGINEERING TEAM AND WITH HOLIDAYS AND WITH COVID, WE DON'T, WE WOULD RATHER, UM, YOU KNOW, OVER DELIVER, UH, RATHER THAN OVER PROMISE AND UNDER, UNDER DELIVER.
UM, SO THEN AFTER THAT TIME, UM, AFTER THE DESIGN IS FINALIZED, WE WILL BE, UM, IT'LL TAKE ABOUT 30 DAYS TO, TO ERECT THE NEW AGAIN, UH, REX THE NEW SUPPORTS THAT I WOULD LOVE TO SAY THAT WE COULD GET THAT IN PLAY, YOU KNOW, IMMEDIATELY UPON RECEIVING THE DESIGNS AND GET, GET, UM, GET A CONTRACTOR AND DO A NOTICE TO PROCEED RIGHT THEN.
BUT AGAIN, GIVEN TIMES I DON'T WANT US TO BE IN VIOLATION AGAIN, I DON'T WANT THIS OWNER TO BE IN VIOLATION AGAIN.
SO I'VE ASKED FOR IT OUTSIDE DATE OF MARCH 1ST, BUT WE ANTICIPATE THE WORK STARTING TAKING 30 DAYS ONCE IT CAN BEGIN AND WE HAVE TO WAIT FOR THE ENGINEERING PLANS BEFORE WE CAN MOVE FORWARD WITH CONSTRUCTION.
SO ARE YOU TELLING ME TO START CONSTRUCTION MARCH OR FINISH IN MARCH? NO, SIR.
I MEAN, AS, AS SOON AS WE'RE ABLE TO GET A CONTRACTOR OUT THERE AFTER RECEIVING THE FINAL ENGINEERING DESIGN, WHICH AS I SAID, COULD BE AS EARLY AS THE END OF NOVEMBER OR AS LATE AS THE END OF DECEMBER.
UM, SO AT THAT TIME WE WOULD START.
SO YOU'RE TELLING ME YOU'RE NOT TOO KEEN DAY.
YOU WILL BE DONE AS SERENE THAT ENGLISH, THAT WE DON'T HAVE A ASTEROID STRIPE BY MARCH 1ST.
THIS QUESTION IS FOR ATTORNEY CARR.
I BELIEVE WE HAVE POWER TO LONELY NIGHTS, TWO DAYS ON EXTENSION.
IS THAT CORRECT? UM, ASSISTANT CITY ATTORNEY BRANDON CARRA.
SO WHAT THE, WHAT STATE LAW SAYS IN CHAPTER TWO 14, THE TEXAS LOCAL GOVERNMENT CODE, IT SAYS THAT THIS CAPACITY MAY NOT ALLOW THE OWNER LIEN HOLDER OR ACHIEVE MORE THAN 90 DAYS TO REPAIR OR REMOVE OR DEMOLISH THE BUILDING OR FULLY PERFORM ALL THE WORK UNLESS THEY SUBMIT A DETAILED PLAN AND TIME SCHEDULED FOR THE WORK AT THE HEARING AND ESTABLISH THAT THE HEARING THAT THE WORK CANNOT BE REASONABLY COMPLETED WITHIN 90 DAYS DUE TO THE COMPLEXITY OF THE WORK.
IF YOU FIND THAT THEY MEET THOSE TWO THRESHOLDS, THEN YOU CAN PROVIDE MORE THAN 90 DAYS.
BUT I HAVE A QUESTION THAT SOUNDS FOR US AND WE MOVED THIS, UH, DISCUSSIONS 30 DAYS AND HAVE THE, UM, UM, OUR REPRESENTATIVE PROVIDE US A PROJECT PLAN, UH, THAT SHOWS WHETHER THEY CAN DO WITH THE 90 DAYS AT THE END.
IN OTHER WORDS, CAN I PUT, UH, CAN WE PUSH THIS OUT TO THE NEXT MEETING AND BASICALLY HAVE THIS BACK ON THE AGENDA, UH, WHERE THE, THE, THE, UH, OWNERS OR THE OWNERS REPRESENTATIVES ASKED TO PROVIDE US A PROJECT PLAN? YES, YOU DO HAVE THAT ABILITY UNDER YOUR RULES.
YOU CAN CONTINUE A CASE, UH, BUT YOU ARE SUPPOSED TO BE SPECIFIC IN WHAT YOU'RE CONTINUING AT FOR WHAT INFORMATION YOU'RE REQUIRING THAT YOU DON'T HAVE AT THIS TIME.
AND I DO WANT TO NOTE THAT THERE IS NO NOVEMBER MEETING.
UM, SO IT WOULD BE EARLY DECEMBER, THE NEXT MEETING DECEMBER 9TH.
SO, UH, I HAVE A QUESTION FOR THE OWNER'S REPRESENTATIVE.
AGAIN, WE GAVE YOU ANOTHER SIX WEEKS TO GIVE US A DETAILED, SPECIFIC PROJECT PLAN.
[01:40:01]
UM, I'M GOING TO DEFER TO, UM, THE ENGINE.I MEAN, I BELIEVE WE WILL HAVE THE PLANS BY THEN AGAIN.
MY INCLINATION IS TO TRY TO WORK FOR SOME TYPE OF ACTIVITY LIKE THAT, BUT IF YOU CAN PROMISE ME A DETAILED PROJECT PLAN, I'D RATHER GO WITH STAFF'S RECOMMENDATION.
WE WERE, WE WILL PROCEED UNDER THAT.
WE WOULD APPRECIATE THE OPPORTUNITY TO PROVIDE YOU WITH ADDITIONAL, UH, WITH A DETAILED PLAN AS A D DID YOU SAY DECEMBER 9TH WAS THE NEXT SCHEDULE MEETING? YES.
I HAVE A QUESTION FOR, UM, OFFICER PRESLEY.
UM, MOST OF THE TIME, UM, WHEN WE SEE THESE CASES WHERE WE'RE BEING ASKED TO SET ASIDE OR, UH, FORGIVE IN SOME WAY, A PRIOR ORDER, THE ISSUES HAVE BEEN TAKEN CARE OF.
AND I'M JUST CURIOUS, UM, YOU KNOW, THAT'S NOT THE SITUATION HERE, SO I'M TRYING TO UNDERSTAND, UH, WHAT'S BEHIND THIS RECOMMENDATION AS OPPOSED TO, UH, OUR KIND OF NORMAL COURSE OF WHY WE HANDLE THESE.
I THINK THIS IS KIND OF UNPRECEDENTED BECAUSE THIS REALLY HASN'T HAPPENED WHERE SOMEBODY SOLD A PROPERTY TWO DAYS FOR WENT TO BSC.
SO THEY'D NEVER GOT THE PROPER NOTIFICATION THAT THEY SHOULD HAVE GOTTEN FOR THEM TO ACTUALLY HAVE FINES FOR THEM NOT DOING WORK COMPLETED.
AND WHEN WE BROUGHT THIS UP, ME, MELANIE AND MARLENA TALKING ABOUT THIS, AND THAT'S WHAT WE ALL CONCLUDED THAT WE SHOULD BRING IT BACK TO BSC.
LET ME ASK A QUESTION FOR, UM, UH, UH, CIVIC YOU, MR. CARR.
SO IS THAT WHAT OFFICER PRESLEY SAID DOES THAT INDICATE THAT THIS NEW OWNER DID NOT ACTUALLY HAVE NOTICE OF THE VIOLATIONS? BECAUSE IT'S MY UNDERSTANDING THAT THESE ORDERS, UM, RUN WITH THE LAND AND, YOU KNOW, WHETHER THEY HAD ACTUAL NOTICE OR NOT, UM, PURCHASED THE PROPERTY AS IT IS WITH, WITH, UM, THE ROLLINGS IN PLACE.
SO I WILL SAY THAT, UM, STAFF DOES, MY UNDERSTANDING IS THAT THEY DO POST THE NOTICE IN THE NEWSPAPER, UH, BUT THEY DON'T POST ANYTHING IN THE RECORD.
SO WHEN YOU CLOSE ON THE PROPERTY, THERE WOULD BE NO NOTICE TO YOU, UM, THAT THE CASE WAS ACTUALLY GOING TO THE BSC.
SO THEY WOULD HAVE EITHER HAD TO HAVE KNOWN FROM THE PRIOR OWNER, OR THEY WOULD HAVE HAD TO HAVE NOTED, HAD NOTICED IN THE NEWSPAPER OR HAVE SEEN IT POSTED ON THE PROPERTY IF THEY VISITED THE PROPERTY.
SO IS THERE A MOTION TO ACCEPT THE IDEAS OF STABBING AND MOVE ON WITH THE ORDER OR COMMISSIONER GREEN? DO YOU WANT TO MAKE A MOTION TO, UH, UH, HAVE THESE ITEM MAS COME BACK ON YOUR AGENDA AT OUR DECEMBER MEETING? AND IF I MAY INTERJECT FOR A SECOND, UM, SO THIS IS LIKE A TWO-PART ORDER.
ONE IS, UM, VACATING THE PREVIOUS ORDER, UH, BASED ON THE PROPERTY CHANGING OWNERSHIP RIGHT BEFORE THE BSC.
AND THEN THERE'S A SECOND PART OF ISSUING THE NEW ORDER.
SO PLEASE BE SPECIFIC IF YOU'RE CONTINUING THE WHOLE THING OR YOU'RE JUST CONTINUING ONE PART OF THAT TWO PART ORDER.
AS SOON, CAUSE HE A PROPOSED ORDER BY STEMNESS CALL FOR VACATING THE PREVIOUS ORDER AND COMING UP WITH ANY, WHEN I READ THAT AND GO THERE, THE OTHER AIR CONDITIONERS HASN'T THOUGHTS ON KIND OF WHERE I WAS TRYING TO GO WITH THAT.
I MEAN, I'D LIKE TO BE SURE THAT IT WOULD PROVIDE, UM, RELIEF THAT WE GET IT REAL, UM, WITH PERMITS AND CONTRACTORS AND, UM, LINED UP TO KNOCK US OUT.
IT'S NOT, I DO GO WITH, UH, UH, STAFF OR PROPOSED RECOMMENDATIONS, WELL, PROMISES.
THIS IS A KIND OF THESE NEWS DAD.
AND I WOULD JUST A SECOND OR, OR THIRD THAT I THINK I AGREE WITH COMMISSIONER,
[01:45:02]
UH, COMMISSIONER GREEN.UM, THIS DOES SEEM LIKE A CIRCUMSTANCE IN WHICH, UH, IT WOULD BE REASONABLE TO AFFORD MORE TIME, BUT I, I, I WOULD LIKE TO SEE SOMETHING CONCRETE WITH, YOU KNOW, PROJECTED TIMETABLES AND, UH, IDENTIFY THE CONTRACTORS AND PERMITS AND SO FORTH.
SO I WOULD BE AMENABLE TO THAT.
W WELL THEN IF THERE'S AN OWNER, IS THERE ANY, IS THERE ANY MO MOTION TO CONTINUE, UH, BOBO ORDERS OR THE, UH, THE, UH, UH, THE PREVIOUS OWNER, UH, AND THIS PROPOSED ORDER FOR YOU, DO YOU HEAR IN A SUBSEQUENT HEARING IN DECEMBER, IF THERE'S A QUESTION OF STANDARD OF EFFECT, UH, WITH A CONDITION THAT THE OWNERS COME UP WITH A DETAILED PLAN AS TO MOVE IN, ALONG WITH THE PROJECT, UH, AND WE CAN TAKE A SECOND AND VOTE ON IT.
IS THERE A MOTION TO THAT EFFECT? UH, YEAH, THIS IS A, UM, UM, MR. GREEN, CAN I ADD A CONDITION TO THAT? CAUSE I'D LIKE TO SEE THEM APPLY, UM, GIVE US A STATUS OF ANY PERMITS THAT ARE REQUIRED TO DO THIS.
UM, YOU KNOW, MAYBE NOT NECESSARILY HAVE THEM IN PLACE, BUT WHERE THEY ARE IN THE QUEUE.
YES, YOU, YOU CAN, YOU CAN BE SPECIFIC AND YOU ACTUALLY SHOULD BE SPECIFIC IN WHAT YOU'RE ASKING FOR, UM, AT THE NEXT HEARING.
SO THAT WAY THE OWNER'S PREPARED, UM, FOR WHAT THEY NEED TO PRESENT.
AND SO I'D LIKE TO GET A PRINTED OUT MY CHEAT SHEET WHEN I HAVE THE CHANCE.
UH, I'D LIKE TO MAKE A MOTION THAT WE CONTINUE, UM, IS, UH, ITEM AND, UH, UH, UNTIL, UNTIL THE NEXT MEETING WHERE THE, UH, UH, OWNERS ARE REQUIRED TO PROVIDE A DETAILED PROJECT PLAN, INCLUDING THE STATUS OF ALL PERMITS REQUIRED TO COMPLETE THE WORK ORDER OR THE, UH, THE CONTINUATION ALSO OF VACATING THE PREVIOUS ORDER.
I WANT TO BE SURE THAT BOTH ORDERS ARE CONTINUED UNTIL THE NEXT MEETING UNDER THE MOTION.
WE DON'T WANT TO VACATE THE FIRST ONE AND REPLACE IT WITH MINE.
THE UNDERSTANDING THAT IF THE PROJECT PLAN IS NOT COMPLETE, THE, UH, POTENTIAL FOR THE, UH, STAFF'S RECOMMENDATION WILL, WILL, WILL BE VOTED ON AT THAT POINT IN TIME.
SO THERE WAS A CLARIFICATION ON THE MOTION.
A MOTION HAS BEEN SECONDED BY A COMMISSIONER FOR DISCUSSION.
UH
UH, MAYBE THEY CAN SHED A LITTLE INFORMATION ON ANY OF THAT.
I THINK SHE HAD TRIED TO DEFER TO THE ENGINEER.
UM, I'M NOT TOO SURE IF THAT'S CORRECT.
THIS IS GRETTA AGAIN, IT'S HARD TO TELL WHO'S STILL ON THE PHONE AND WHO'S NOT.
UM, SO I, THE REASON I WAS DEFERRING TO THE ENGINEER WAS TO, UH, CONFIRM THAT WE WOULD BE ABLE TO HAVE THE ENGINEERED DESIGN THAT ARE, BECAUSE THE EARLIEST DATE, I WAS AFRAID THAT WE WERE GOING TO HAVE A MEETING IN NOVEMBER.
I DON'T BELIEVE THAT I COULD PROMISE THAT, UM, WITHOUT HIS CONSENT, HOWEVER, BECAUSE THE NOVEMBER MEETING IS PUSHED, I THINK WE CAN PUSH OUR CONSULTANTS TO GET THE PROJECT PLAN DESIGN, UM, PROJECT DESIGN PLAN T-BALL, UM, FOR THE DECEMBER 9TH MEETING.
UM, I DON'T BELIEVE IN, IN ALL HONESTY, WE WON'T LIKELY HAVE PERMITS HOLD AT THAT TIME.
UM, BUT WE CAN PROVIDE A STATUS, UH, AND, AND WE'LL BE ABLE TO PUSH THINGS ON THESE QUICKLY, BUT, UM, BUT DEFINITELY I WILL PROVIDE THE, THEY ABLE TO PROVIDE A PILOT PROJECT PLANS AND THEN A STATUS IN THE PAST, OR OBTAIN DEPARTMENTS AND THEN A FINAL
[01:50:01]
TIMELINE FOR YOU ALL BY THEN, BECAUSE IT MAY BE, YEAH, SORRY I AM HERE.THE ONLY THING THAT I WOULD ADD GRETTA, AND THIS IS, THIS IS JOHN, IS THAT WE DON'T BELIEVE WE NEED ANY ADDITIONAL PERMITS TO ADD THE TEMPORARY SHORING TO, TO, TO REINFORCE THAT.
SO AS SOON AS WE GET TO THE PLAN AND WORK IT OUT, WE SHOULD BE ABLE TO GET IT DONE AGAIN.
I WOULD SAY NO LATER THAN THE END OF JANUARY, POSSIBLY A LITTLE BIT LATER, JUST DUE TO THE RESTRICTIONS.
UH, THIS IS COMMISSIONER MANGRUM.
I JUST WANT TO SAY IT'S, IT SOUNDS LIKE THE ENGINEERS INDICATING THEY BELIEVE THIS WORK CAN BE DONE, YOU KNOW, END OF JANUARY.
SO I'M NOT, I GUESS I'M A LITTLE UNCLEAR AS TO WHY WE NEED TO PUSH THINGS TO THE DECEMBER RATE.
UM, IT SEEMS LIKE THERE'S SOMETHING ELSE WE CAN DO SHORT OF KICKING THE CAN DOWN THE ROAD.
IF I CAN JUMP IN PERSON, I'M NOT AN ENGINEER.
UH, WE ARE THE, THE OWNERS CONSTRUCTION PROJECT MANAGER.
YOU KNOW, MY, MY BACKGROUND IS, UH, HALF OF MY CAREER HAS BEEN IN THE FIELD AS A SUPERINTENDENT BUILDING BUILDINGS.
UH, SO I HAVE BEEN ON SITE RECENTLY.
AND, UM, I, I THINK THAT, YOU KNOW, WHAT WE'RE DOING RIGHT NOW IS NOT NECESSARILY KICKING THE, CAN DOWN THE ROAD BY ANY MEANS.
IT'S JUST, UNFORTUNATELY, AND YOU ALL ARE PROBABLY AWARE OF THE AGE OF THIS STRUCTURE, BUT THERE IS AS BEST AS IN THE BUILDING.
SO ANYTHING WE DO, WE CAN'T JUST GO OUT THERE AND JUST DO IT.
WE HAVE TO, UH, AND WE HAVE HAD AN ASBESTOS SURVEY DONE, BUT, BUT THERE'S LIKELY GOING TO BE SOME SELECTIVE DEMOLITION THAT NEEDS TO BE DONE IN ORDER TO, JUST TO REASSURE THE BUILDING.
SO BY THE TIME WE DO THAT AND DO IT PROPERLY AND THEN, AND THEN COME IN AND RESHORE IT, IT'S JUST, UNFORTUNATELY GOING INTO THE HOLIDAYS, GETTING PEOPLE TO DO THESE SORTS OF THINGS IS JUST, IT'S NOT, IT IT'S KIND OF SURGICAL.
RIGHT? AND SO IT, IT TAKES A LITTLE BIT OF TIME, UNFORTUNATELY, SO, BUT, BUT IT IS ONGOING.
AND IN THE MEANTIME, WE'LL CONTINUE THOSE, UH, SECURITY PATROLS AND KEEP THAT FENCE UP AND MAKE SURE THAT THERE'S ONE IN THERE.
WELL, THERE'LL BE NO MORE DISCUSSION ON THAT.
LIKE YOU CALL THE QUESTION, SORRY, VICE CHAIR.
DO YOU MIND RESTATING IT? IS IT THAT YOU'RE VACATING THE PREVIOUS ORDER AND WAIVING ALL THOSE PENALTIES AND THEN CONTINUING, UM, CONTINUING, POTENTIALLY ISSUING A NEW ORDER UNTIL DECEMBER 9TH? IS THAT CORRECT? I UNDERSTAND IT.
THAT'S YOUR MOTION MADE BY COMMISSIONER GREEN AND SECOND BY COMMISSIONER FOR THINKING AND PART OF THE MOTION IS THAT THE OWNERS PROVIDED A DETAILED PLAN.
UH, AND, UH, UH, BUT HE, UH, UH, FOR THE COMPLIANCE, WITH THE, UM, UH, UH, REQUEST ON THE DEFICIENCIES AND ALSO THE, UH, THE FIGURE OF A STATUS REPORT, I BELIEVE THE OWNER SAID THAT THEY WILL BE ABLE TO DO THAT AT OUR DECEMBER MEETING.
SO THAT BEING, UH, THAT BEING THE MOTION AND THE SECOND, UH, I'M GOING TO CALL FOR THE QUESTION, ALL THOSE IN FAVOR OF THE MOTION.
UH, RAISE YOUR HAND AND SAY, AYE, OR BYE.
I BELIEVE THAT SIX OR SEVEN OR SOMEBODY WHO HELPED ME FROM STEPH HELPED MY ACCOUNT, BUT DID I SAY ANYBODY OPPOSED TO THE MOTION? WHAT WAS THAT AGAIN? COMMISSIONER MANGRUM.
SO THEN THE MOTION CARRIES MOTION CARRIES NEXT TO THE NEXT ITEM.
[01:55:01]
CHAIR.UM, SUPERVISOR, RIGHT? IF YOU WOULD BE WILLING TO CALL THE NEXT ITEM, WHICH SHOULD BE, LET'S SEE.
[6. Case Number: CL 2020-154338 Property Address: 1805 E. 3rd Street/ Owner: Rex Bowers Presenter: Farah Presley, Austin Code Department Staff recommendation: Approve Agreed Order for repair of historic landmark main structure and demolition of rear addition Previous Commission Action: Order issued May 23, 2018 in CL 18-080552 for repair of residential structure – released in 2019 due to foreclosure]
BEFORE ITEM NUMBER SIX.SO THE LAST CASE ON THE AGENDA, WELL, THIS IS THE SECOND TO LAST CASE ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS ITEM NUMBER SIX, CASE NUMBER
THIS CASE IS ABOUT A SINGLE FAMILY RESIDENTIAL STRUCTURE.
THAT IS ALSO A HISTORIC LANDMARK.
THE HOMELESS CURRENTLY UNOCCUPIED, BOARDED AND SECURED, AND IS NOT HOMESTEADED.
THE STRUCTURE ON THIS PROPERTY IS SUBSTANDARD, BUT UNSAFE AND DANGEROUS CONDITIONS, WHICH REQUIRE REPAIR OF THE MAIN HISTORICAL STRUCTURE.
AND DEMOLITIONS OF YOUR ADDITION, THE PROPERTY OWNER HAS ENTERED INTO AN AGREED ORDER WITH AUSTIN CODE, WHICH HAS BEEN SIGNED AND NOTARIZED BY BOTH PARTIES.
I THINK I BELIEVED THE AGREED UPON TERMS ARE REASONABLE.
IT IS, IT IS OUR UNDERSTANDING, HOWEVER THAT THE OWNER, WHICH IS TO ADD ADDITIONAL STIPULATIONS TO THE AGREED ORDER, AUSTIN CODE REQUESTED THE COMMISSION APPROVED THE AGREED ORDER AS, AS IS WITHOUT FURTHER STIPULATIONS IN YOUR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINTANT CASE HISTORY, A COPY OF THE TRAVEL CENTRAL PRESENCE DISTRICT RECORD THAT HAS OWNERSHIP THE STRUCTURE MAP OF THE PROPERTY, THE REQUIRED NOTICE OF VIOLATION, NOTICE OF HEARING AND THE POSTING AND EXHIBIT TWO, WHICH CONSISTS OF COASTS PHOTOGRAPHS AND OFFICE TWO 82 H AND LASTLY CODES RECOMMEND COATS.
AND LASTLY, THE AGREED ORDER, TOTEM THAT CODE INSPECTOR CLAIRE PRESLEY'S HERE TONIGHT TO PRESENT THE PHOTOS LOCKED IN THIS CASE AS EXHIBITS TWO EIGHT, TWO H, AND DISCUSS THE VIOLATIONS IS THERE.
BUT IF IT IN THE PHOTOGRAPHS, INSPECTOR PRESLEY, HE'S BEGINNING CUSTOMER GOOD EVENING COMMISSIONERS.
MY NAME IS FAIR, PRESS SLAM INSPECTOR WITH THE CITY OF AUSTIN CREDIT DIVISION.
AND I'M ASSIGNED TO THIS CASE.
THE INITIAL COMPLAINT CAME IN AS A THRONE, ONE COMPLAINT ON TWO 14 OF 2019 AS WHAT IT WOULD AND FOUNDATION STRUCTURAL ISSUES.
THIS IS AN SF TWO THAT IS VACANT.
THIS WAS A CASE THAT WAS BROUGHT TO BSE BEFORE, BUT IT WAS SOLD IN THE TECH STEPS.
THE NEW OWNER WAS GOING TO DEMO THE STRUCTURE AND BUILD A NEW ONE ON SITE.
HE WAS IN THE MIDDLE OF THE PROCESS OF GETTING PERMITS.
WHEN THE HOUSE WAS DEEMED HISTORICAL, IT DID COMPRESS THE ISSUANCE OF HISTORICAL STATUS ON THE STRUCTURE AND WENT THROUGH SEVERAL TIMES OF BEING HEARD.
AND AFTER 10 MONTHS LOST HIS CASE AND THE HOUSE IS STAYING IN HISTORICAL.
THE BACK DECK THAT WAS ADDED ON CAN BE REMOVED THOUGH, SINCE IT'S NOT DEEMED HISTORICAL, THIS PROPERTY OWNER HAS BEEN KEEPING THE PROPERTY BORDERED AND SECURED AND HAS BEEN CLEANING AND MOWING.
ANYTIME THERE WAS AN ISSUE, HE HAS BEEN WAITING FOR THE FINAL WORD FROM HISTORICAL TO KNOW WHAT HIS NEXT STEPS WERE GOING TO BE IS GOING TO REPAIR THE STRUCTURE NOW.
AND WE DO HAVE AN AGREED ORDER THAT THE PROPERTY OWNER HAS SIGNED.
AND THE FOLLOWING PHOTOS, I WILL DISCUSS THE VIOLATIONS AT THIS PROPERTY AND THE PHOTO TWO A SHOWS THE CONTEXTUAL VIEW OF THE PROPERTY AND THE NEXT PHOTO TO BE.
THAT'S A BETTER ANGLE TO SEE THE FRONT PORCH IS REPAIRED AND THE ROOF THAT NEEDS REPAIR AS WELL.
NEXT PHOTO TO SEE SHOWS THE MEN'S STRUCTURE THAT NEEDS A ROOF REPAIR AND THE PROPERTY THAT IS BOARDED AND SECURED TO D SHOWS THE RIGHT SIDE OF THE STRUCTURE OF THE ROTTEN FACIA BOARD AND ROTTEN SIDING TO HE SHOWS THE ADDED ON BACK DECK THAT WAS BUILT ON AND IS NOT PART OF THE HISTORICAL STRUCTURE NEEDS TO BE REMOVED.
TWO F SHOWS WHAT THE OWNER BOARDED UP AS BEST AS HE COULD WITH THE BACK OF HIS PATIO IN SUCH BAD REPAIR, WITH A NOTICE TO NOT ENTER THE STRUCTURE, DID A DANGEROUS ISSUES OF THIS BACK PATIO TO G SHOWS THE RIGHT-HAND SIDE OF THE ADDED BACK PATIO, WHERE THE OWNER DID ACTUALLY PUT UP THE BOARDS TO TRY AND SECURE IT.
MORE TWO H SHOWS A CONTEXTUAL VIEW FROM THE BACK ALLEY IN THE LONG PIECE OF PROPERTY TO THE BACK OF THE HOUSE, THE STRUCTURE, THIS CONCLUDES MY PRESENTATION.
I CAN ANSWER ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN.
AND WE STARTED ASKING THOSE DESCRIBING THE FINDINGS OF FACT, THE COVER OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACT THEM SUBSTANDARD IN DANGEROUS CONDITIONS.
SO I'VE ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND OTHER RELEVANT DOCUMENTS AND EXHIBIT TWO, WHICH CONSISTS OF COAST PHOTOGRAPHS MARKED AS TWO EIGHT TO AGE.
AND LASTLY, AWESOME CODES AGREED.
ORDER STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT, THE
NOW THAT UNION FARMERS ON THE SITE PERMIT WORK DECIDED THAT THE HISTORICAL LANDMARK MAIN STRUCTURE BY COMPLETING ALL REPAIR TO THE STRUCTURE IN COMPLIANCE WITH APPLICABLE RULES AND REGULATIONS FOR THE RESERVE SECTIONS DEMOLISHED ALL PORTIONS OF THE REAR ADDITION TO THE MAIN STRUCTURE AND REMOVE THIS DEBRIS, LEAVING THIS PORTION OF THE LOT AND REQUEST INSPECTIONS FROM AUSTIN TO THE BEAR PACKING PLANTS.
AND THE 91ST DAY OF COMPLIANCE
[02:00:01]
HAS NOT BEEN ACHIEVED, ASSESSED A CIVIL PENALTY OF $250 PER WEEK.THAT WILL CONTINUE TO APPROVE TO THE CODE OFFICIALS TERMS OF THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE AUTHORIZE A CODE OFFICIAL TO PROCEED WITH DEMOLITION OF THE NEW ADDITION TO THE MAIN STRUCTURE.
WE CONSIDER ALL PORTIONS OF THE REAR ADDITION TO THE MAIN STRUCTURE INCLUDED ITEMS IN AND AROUND THE STRUCTURE AS THE BRAID DISPOSE OF AS SUCH AND THE PROPERTY OWNER SHALL BE, HAVE NOTICED THAT THE CODE OFFICIALS AUTHORIZED TO ASSESS ALL EXPENSES INCLUDED KIDS PROPERTY, UNLESS EXEMPTED BY THE TEXAS CONSTITUTION, A LIEN FOR THOSE EXPENSES MAY BE FILED WITH THE CITY OF AUSTIN AND REFERRED WITH THE TRAVIS COUNTY COUNTY, THESE RECORDS INTEREST.
SO AT ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL THANK YOU, INVESTIGATOR PRESLEY AND SUPERVISOR, RIGHT.
UM, I'M GOING TO GO AHEAD AND ADMIT EXHIBITS STAFF'S EXHIBITS ONE AND TWO A THROUGH, I'M SORRY.
THROUGH TO H UM, ARE WE GOING TO HEAR FROM MR. SADOWSKY OR IS HE JUST HERE AVAILABLE TO ANSWER QUESTIONS? WE JUST HAVE, WE HAVE STAFF HERE IN CASE, UM, THE CONDITION HISTORICAL PROPERTIES.
UM, WELL, UNLESS COMMISSIONERS HAVE ANY QUESTIONS THAT THEY WOULD LIKE TO ASK RIGHT NOW OF STAFF, I WOULD LIKE TO GO AHEAD AND ASK THE OWNER'S REPRESENTATIVE TO, TO BEGIN ANY COMMISSIONERS WITH QUESTIONS.
MEANWHILE, IT DOESN'T SOUND LIKE IT.
SO DO WE HAVE, UH, WILLIAM HODGE ON THE LINE? UH, YES.
UM, YOU NEED TO STAY BEFORE I MAKE MY PRESENTATION.
UM, I AM A MEMBER OF THE BOARD OF ADJUSTMENT, BUT I'M REPRESENTING OWNER, REX BOWERS IS SOLELY IN MY CAPACITY AS HIS ARCHITECT.
OKAY, THANK YOU, PLEASE, PLEASE GO AHEAD.
UH, AS STATED WE, I, MY, MY OWNER, UH, MY CLIENT HAS, UH, ENTERED INTO AN AGREED ORDER AND AN AGREED ORDER TO PERFORM THE REQUIRED DEMOLITION AND REPAIRS TO THE STRUCTURE IN KEEPING WITH HISTORIC PRES PRESERVATION AND RESTORATION GUIDELINES.
UH, WE HAVE OBTAINED A CERTIFICATE OF APPROPRIATENESS FROM THE HISTORIC LANDMARK COMMISSION, AND WE ARE IN THE PROCESS OF OBTAINING THE REQUIRED BUILDING PERMIT TO PERFORM THE WORK THAT WOULD BE REQUIRED.
IT IS REQUIRED TO, TO, UM, TO, UH, REMEDY THE CODE VIOLATIONS.
UM, THE OWNER HAD PREVIOUSLY AS, UH, AS IN MS. K RIGHT, HAD SAID, HAD WANTED SOME ADDITIONAL STIPULATIONS, BUT, UH, HE SIGNED AND NOTARIZED THE ORDER AS IT WAS, UH, PRESENTED TO HIM.
SO HE HAS NOTHING FURTHER TO ADD IN THAT REGARD.
AND, UM, I THINK OTHER THAN THE FACT THAT WE ARE, WE ARE MOVING FORWARD, TRYING TO MOVE FORWARD IS THAT WE CAN, UH, UH, PREVIOUS K UH, PREVIOUS PERSON HAD STATED, UH, OR, UH, PROGRESS OF OBTAINING PERMITS TO HAVE BEEN SLOWED DOWN BY, UH, JUST BY A PANDEMIC RELATED, UH, PANDEMIC RELATED ISSUES.
BUT, UH, WE ARE, UH, WE ARE CONFIDENT THAT WE CAN REMEDY THE SITUATION WITHIN THE 90, UH, 90 DAYS, UH, IN POSTS BY THE ORDER.
UH, THE ACTUAL WORK THAT IS REQUIRED, UH, IS ACTUALLY VERY, UH, EASY, WOULD BE VERY COOL, BE VERY QUICK WORK AND, UH, PROBABLY TAKE US MUCH LONGER TO GET THE PERMITS AND ACTUALLY DO THE WORK.
SO WE ARE IN AGREEMENT WITH THE ORDER AND, UM, I I'M AVAILABLE FOR ANY QUESTIONS THAT ANY OF THE COMMISSIONERS MAY HAVE.
UH, THANK YOU, MR. HODGE COMMISSIONERS QUESTIONS.
UH, YES, I DO HAVE A QUESTION.
UM, I WAS JUST CURIOUS AS TO, UH, WHAT, UH, WHAT WAS THE, UH, THE SIGNIFICANCE OF THE, UH, HISTORICAL? WHAT, WHAT, WHAT'S THE HISTORY BEHIND THAT, UH, STRUCTURE THAT YOU HAVE PERMISSION? UM, UH, THIS HOUSE WAS THE CHILDHOOD HOME OF CONSUELO MENDEZ, UM, AND, UH, LATER OR REAL TIME HERRERA, UH, WHO WAS, UH, THE FIRST, UH, MEXICAN AMERICAN OR HISPANIC, UM, COZY TURNOFF AND,
[02:05:01]
UH, HER FAMILY, UH, OWN, UH, IN HER, YOU KNOW, THE DEFENDANT'S OWN THIS PROPERTY UNTIL MY OWNER ACQUIRED IT.AND IN THE PROCESS OF MY OWNERS ATTEMPT TO GET A FULL DEMOLITION PERMIT, UH, DISCOVERED.
AND AS WE PREVIOUSLY STATED, IT WAS DEEMED HISTORIC ACCORDINGLY.
UH, I, I WAS BROUGHT ON TO THE PROCESS, UH, DURING THE, UH, DURING THE MOVE TO GET THIS DOOR.
SO THEY'RE NOT INVOLVED IN THE TOTAL DEMOLITION PROCESS.
UH, BUT THAT'S THE, UH, THAT IS THE HISTORIC SIGNIFICANCE OF THE STRUCTURE.
AND, UH, MY OWNER SEEKS TO, UH, TO REPAIR IT, TO TEAR THE CODE VIOLATIONS.
AND THEN WE ARE, UM, AT, AT THE TIME THAT SUCH CODE VIOLATIONS ARE, UH, REVENUE, UH, WE WILL BE PURSUING A LEAN MODEL OF THE PROPERTY, UH, WITH AN ADDITION, UH, WE'LL BE GOING, UH, PROVING THE HISTORIC LANDMARK COMMISSION REVIEW PROCESS FOR THAT ARE OUR FOCUS RIGHT NOW, OF COURSE, IS THE BUILDING CODE VIOLATIONS AND, UH, IN DOING RIGHT BY, BY THE HISTORIC NATURE OF THE PROPERTY.
OTHER COMMISSIONERS, IT'S NOT, YES, THIS IS COMMISSIONER
IS THAT WHAT I'M HEARING OR IS IT JUST THE DEMOLITION PART OF IT THAT THEY'RE IN AGREEMENT WITH? UM, WE, WE HAVE AGREED, WE HAVE AGREED WILL ENTAIL THE DEMOLITION OF THE SUBSTANDARD AND NON HISTORIC BACK CONDITION IN THE REPAIR, UH, FOR A HISTORIC GUIDE, UH, PRESERVATION AND RESTORATION GUIDELINES OF, UH, CERTAIN PORTIONS OF THE HISTORIC PORTION OF THE HOUSE, WHICH ARE CURRENTLY IN, NOT IN COMPLIANCE WITH THE DOPING IN MY SAFETY CODES AND COMMISSIONER, UM, BRANDON CARSON CITY ATTORNEY COPY OF THE AGREED ORDER IS LOCATED IN YOUR BOOK RIGHT BEFORE THE, UM, EXHIBITS.
SO YOU CAN READ THE ORDER BEFORE YOU VOTE.
ANY OTHER QUESTIONS FROM THE COMMISSION? ANY MOTIONS FROM THE COMMISSION? YEAH, THIS IS COMMISSIONER.
WE, UM, ADMIT I SAID THAT AND ADOPT THE AGREED ORDER AS IT IS WRITTEN.
SO WE HAVE A MOTION THAT HAS BEEN SECONDED ANY FURTHER DISCUSSION FROM THE COMMISSION.
I'LL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF ADOPTING STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND APPROVING THE RECOMMENDED ORDER, WHICH IS TO MAKE ALL REPAIRS WELL TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, CORRECT.
THE SITE OF VIOLATIONS, UH, CONTROLLERS TO THE REAR ADDITION REQUEST INSPECTIONS FROM AUSTIN CODE WITHIN 90 DAYS.
AND ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, THERE WILL BE A CIVIL PENALTY OF $250 PER WEEK.
SO ALL IN FAVOR, SAY AYE, ANY OPPOSED? OKAY.
ONE ABSTAIN, ANYONE ELSE ABSTAINING? OKAY.
SO, UM, THE MOTION PASSES, UH, WITH THE MAJORITY ALL IN FAVOR OR MAJORITY IN FAVOR WITH ONE ABSTAIN.
THANK YOU FOR YOUR TIME, MR. HODGE AND, UH, SUPERVISOR, RIGHT.
[1. Case Number CL 2020-155974 Property Address: 5705 Rain Creek Parkway / Owner / Appellant: Heinz D. Grether Staff Presenter: David Downing, Austin Code Department Staff Recommendation: Deny appeal of the notice of violation]
YOU WOULD LIKE TO GO AHEAD AND CALL.SO I BELIEVE WE WERE BACK TO JUST, UH, ITEM NUMBER ONE.
UM, SO THE LAST ITEM ON THE AGENDA IS AN APPEAL REGARDING
THE CASE NUMBER IS C 2021 FIVE FIVE ONE SEVEN FOUR
[02:10:02]
AND CHAIR, JUST SO YOU KNOW, THE APPEARANCE IS NOT HERE.HE DID BEEN NOT REGARDED IN SINGLE FAMILY, RESIDENTIAL PROPERTY, WHICH WAS CITED BY THE AUSTIN COUNTY DEPARTMENT OF BOTH PROPERTY.
THEY MEANT INSTRUCTIONAL CONDITIONED BY THE OWNER APPEALED THE NOTICE OF VIOLATION AND THE PROPERTY ABATEMENT PORTION OF THE BILL HAS BEEN DECIDED TONIGHT TO FILL IS ABOUT THE SEXUAL CONDITION VIOLATION PORTION OF THE NOTICE AND PERTAINS TO AN ACCESSORY STRUCTURE.
AND YOU READERS SHALL FIND STAFF EXHIBITS ONE AND TWO H T E EXHIBIT ORANGE CONTAINS APPEAL LETTER THE COMPLAINT AND CASE HISTORY, THE TRIBAL CENTRAL APPRAISAL DISTRICT RECORD VERIFYING OWNERSHIP, THE NOTICE OF VIOLATION AND RETURN RECEIPT.
IT REQUIRED NOTICE OF APPEAL HEARING AS WELL AS REQUIRED POSTINGS EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED AS CHIEF A AND E.
AND LASTLY CONES RECOMMEND RECOMMENDATION REGARDING THIS APPEAL.
DAVID IS HERE TONIGHT TO TESTIFY WITH THE SPECIFICS THAT LED UP TO THE ISSUANCE OF THE NOTICE OF VIOLATION TO PROVISOR DOWNING.
THANK YOU COMMISSIONERS FOR HEARING THIS CASE.
THIS WILL BE OVER FOR A NOTICE OF VIOLATION THAT AUDITIONED FOR FIVE SEVEN ZERO FIVE RAIN CREEK PARKWAY.
NO IDMC DEFICIENCY LIST IS 310 POINTS, UM, FOR MAINTENANCE OF ACCESSORY STRUCTURES, BUT WHAT WAS NOTED AS A FENCE PANEL, THE PATCH FROM IT SUPPORT AND LEANING INTO THE PROPERTY IPNC IS ADOPTED BY THE CITY IN ORDINANCE 25, 12 THROUGH 11, THE INSPECTOR FOR THE CASE, BELINDA THOMPSON, AND HAD FIRSTLY THE EXHIBITS, THE ITEMS IN EXHIBIT ONE DETAILED FACTS OF THE CASE, WHICH ARE, UM, ONE AT THE INITIAL INSPECTION AUGUST 20TH, THE EFFICIENCY OF A FAILING FENCE WAS VERIFIED.
I NOTICED THE VIOLATION WAS CREATED IN SENT NOTICE OF VIOLATION WAS RECEIVED IN CONCOR VIA CERTIFIED USBS DELIVERED ON AUGUST 26.
COMMUNICATION BETWEEN THE INSPECTOR AND OWNER BEGAN ON AUGUST 21ST.
AND IT'S DOCUMENTED IN THE FIRST FOLLOW-UP INSPECTION WAS SEPTEMBER 11TH ON THAT DATE, THE CASE WAS CLOSED AND THE CONDITION WAS MARKED AND VIEWPOINT.
AND WE CAN READ THESE PHOTOS IN EXHIBIT TWO 80 IS THE STREET VIEW OF THE HOUSE.
UM, AS A BEER, IS THERE A NEIGHBORHOOD FIVE SEVEN ZERO FIVE RAIN CREEK PARKWAY? UM, THAT'S THE STREET ADDRESS POSTED FROM OFFICER BELINDA PONTOON ON 10 20, SAME DATE AS ITEM TO SEE, THIS IS IN FACT, THE FENCE PANEL THAT CREATED THE IPMC VIOLATION.
UM, TWO DEFICIENCIES ON THE CASE.
THIS WAS ONE OF THEM, UH, THAT FENCE PANEL SEES ARE THE FRAME IS THE, AND THEN YOU'RE LEANING INTO THE PROPERTY.
AND, UH, YOU PLAINLY EVIDENT YOUR STRUCTURE THERE AND THE FENCE IS JUST DETACH FROM IT.
AND THEN ALL WEEDS AND GRASS WOULD BE UNDER DIVISION WITHIN FIVE 41.
NOW THIS IS MOVING ON TO THE BATES JAMES STILL OFFICER THOMPSON.
UM, AGAIN, ONLY THROUGH INSPECTIONS FOR THIS CASE, THE INITIAL KIND OF FOLLOW-UP AND IT'S ON THIS DATE, BUT, UM, ALL THE PERSONS WHO WERE MARKED AS COMPLIANT, THERE IS NOT A REQUIREMENT TO HAVE A FRIENDS OF THE PROPERTY.
SO THE OWNER, UM, GIVEN THE STRUCTURAL FAILING WOULD HAVE TO REMOVE THE PANEL AND IT WAS MARKED AS COMPLIANT.
IF THERE WAS NOT A DEFICIENT CLOSE YOUR DESKTOP, THAT'S, THAT'S THE ENTIRE THING.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBING THIS WAS A PUBLIC STANDARD CONDITIONS.
STEPH ASKED THE PERMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES A NOTICE OF VIOLATION INFORMATION FROM THE DISTRICT.
NOTICE OF HEARING STAFF, PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS
[02:15:01]
AND EXHIBITS TO WHICH I'VE ALSO REQUESTED.THE COMMISSION REQUESTED THE COMMISSION TO ADOPT THE PROPOSED FINDINGS AFFECTING PEOPLE'S USE OF LOSS OF THIS PROPERTY.
UM, I WILL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBITS ONE AND TWO A THROUGH TO E SO, UH, COMMISSIONERS, ANY DISCUSSION, ANY EMOTIONS, ANY QUESTIONS? UM, THIS IS CONDITIONER REALER.
SO DO I UNDERSTAND CORRECTLY? HE WAS SIGHTED, FIXED EVERYTHING.
ANY WANTS TO FEEL THE FACT THAT HE WAS CYCLED? THAT'S WHAT THIS IS ABOUT IS IT'S A LITTLE BIT, THAT IS OUR UNDERSTAND WE'RE TALKING ABOUT IT.
UM, SO WHAT IS APPEALING IS IN FACT, THE NOTICE OF VIOLATION ITSELF? UM, I BELIEVE THE WHOLE NATURE OF THE REQUEST WAS TO HAVE IT REMOVED FROM THE CITY RECORD, BUT IT'S THE SHORTEST CASE HISTORY WITH THE BEST OUTCOME THAT'S REALLY AVAILABLE CERTAINLY IN HER HERE.
SO, I MEAN, JUST GET THEM OUT OF THE RE REPEAT OFFENDER PROFILE.
I TAKE IT, IT WOULD, THERE'S, THERE'S SOME THINGS HISTORY, BUT NOTHING I WONDER TOO, IF HE JUST WANTS A WRITTEN RECORD, THAT IT IS THAT THERE'S NOTHING FURTHER TO DO THAT.
I WONDER, UH, W WE'VE DISCUSSED IT AT SOME WAY AND WE CLOSED THE CASE, WHICH IS THE PROTOCOL WE HAD AVAILABLE MARKET IS COMPLIANT A REASONABLE, REASONABLE AMOUNT OF DISCUSSION.
IN THE CASE OF THIS GROUP, BETWEEN THE INSPECTOR AND THE PROPERTY OWNER CAME INTO COMPONENTS QUICKLY.
I HAVE A QUESTION, MR. CARVER, WHAT ARE YOUR COMMENTS? BRANDON CARR ASSISTANT CITY ATTORNEY.
UM, GENERALLY YOU'LL SEE AN APPEAL OF A NOTICE OF VIOLATION.
IF SOMEONE BELIEVES THAT WHAT THEY'RE DOING IS NOT A VIOLATION AND THAT THEY DON'T INTEND TO FIX IT.
UM, IT IS RARE THAT SOMEONE FIXES, UM, THE ISSUE THAT WAS THE SUBJECT OF THE NOTICE OF VIOLATION AND THEN CONTEST THAT THERE WAS A VIOLATION IN THE FIRST PLACE.
UM, SO YOU HAVE THE OPTION OF, UM, DENYING THE APPEALS, UH, WHICH WAS SAY THAT THERE WAS A VIOLATION AT THE TIME CODE SIDE OF THEM, OR YOU COULD AFFIRM THE APPEAL AND SAY THAT THERE WAS NO VIOLATION.
DID HE COMMENT ON THAT? UM, NOT BEYOND WHAT MR. CARTER SHARED, WE HAVE OUR, OUR CASE PROCESS OR PROTOCOLS IS LONG OUT AND CLOSING THE CASES, THE LAST PROCESS WE HAVE AVAILABLE.
UM, I'LL MAKE A MOTION THAT WE DENY THE APPEAL SECOND, JESSICA MANGRUM.
ANY FURTHER DISCUSSION? ACTUALLY, THE ONLY THING I WOULD SAY IS WE DO APPRECIATE THE DILATION BEING TAKEN CARE OF SO QUICKLY.
SO YEAH, THIS HAS GOT PERMISSION.
AND I HAVE A QUESTION BECAUSE I WASN'T CLEAR THAT FILE IS ALREADY CLOSED.
IS THAT CORRECT? AS FAR AS IT'S ALREADY CLOSED SAYING THAT EVERYTHING IS IN COMPLIANCE THAT'S CORRECT.
IF YOU WENT INTO THE AMANDA DATABASE AND OPENED IT UP, IT WOULD SHOW THE CASE OF WOULD SHOW IT MARK WAS COMPLIANT AND THEN CLOSED.
ANY FURTHER QUESTIONS OR DISCUSSION? ALL RIGHT.
I WILL CALL THE QUESTION ALL IN FAVOR OF DENYING THE APPEAL, SAY AYE.
COMMISSIONER GREEN IS OPPOSED.
ANYONE ELSE OPPOSED ANYONE ABSTAINING? OKAY.
SO ALL COMMISSIONERS, EXCEPT FOR MR. GREEN ARE IN FAVOR, MR. GREEN WAS OPPOSED THE MOTION PASSES.
SO THE APPEAL HAS BEEN DENIED.
I WILL PASS THE MEETING OVER TO MELANIE.
[7. Review and approval of the Building and Standard Commission 2021 meeting schedule]
ALICE.HAS SHE BEEN INTRODUCED? GREAT.
[02:20:07]
CHAIR.SO MISS ALLIE, WE CAN JUST BARELY HEAR YOU, RIGHT.
I'M JUST TRYING TO FIND MY NOTES HERE.
SO THE NEXT ITEM ON THE AGENDA OR THE LAST ITEM ON THE AGENDA IS TO VOTE ON THE PROMO PROPOSED MEETING DATES FOR THE 2021 BSC MEETINGS AND, UM, PUTTING UP A CHART OF THE PROPOSED DATES ON THE SCREEN, UM, SO THAT YOU CAN, AND IT CAN ALSO BE FOUND IN YOUR GOOGLE DRIVE FOLDER.
THE DATES ARE FOR THE REGULAR FOURTH WEDNESDAY MEETING DATES WITH ONE EXCEPTION, WHICH IS DECEMBER AND THAT'S BECAUSE OF CHRISTMAS.
SO IT'S NORMALLY WE PROPOSE THE SECOND WEEK IN DECEMBER AS OPPOSED TO THE FOURTH WEEK.
AND THERE IS NO REGULAR MEETING IN NOVEMBER.
CITY COUNCIL HAS ALREADY APPROVED THEIR MEETING DATES FOR TWO 2021.
SO FOLLOWING THIS MEETING, IF THE MEETING DATES HAVE BEEN APPROVED, I WILL SUBMIT THEM TO THE CITY CLERK'S OFFICE.
THEY'LL REVIEW THE CALENDAR AND SCHEDULE OUR MEETINGS.
IF THERE IS A CONFLICT WITH ANY OF THE APPROVED DATES, THE CITY CLERK'S OFFICE WILL LET ME KNOW, AND THEN YOU'LL HAVE, WE'LL HAVE TO FIND ANOTHER DATE AND VOTE ON IT, BUT HOPEFULLY THAT WILL NOT HAPPEN.
AND, UM, SO THESE ARE THE PROPOSED DATES FOR 2021.
MELANIE DISCUSSION MOTIONS, MOTION TO ACCEPT THESE DATES AS, UH, THE, UH, CALENDAR YEAR 2021, UH, ALL THESE, UH, STANDARDS COMMISSION MEETING.
ALL IN FAVOR OF APPROVING THE, UM, THE SCHEDULE AS PROPOSED BY MS. ALLIE AND MR. CARR, WOULD YOU LIKE ME TO ACTUALLY READ THOSE DATES FOR THE RECORD? UM, I DON'T THINK YOU HAVE TO.
UM, I'LL JUST SUMMARIZE IT'S THE FOURTH, WEDNESDAY OF EVERY MONTH, EXCEPT FOR NOVEMBER OF 2021, WHICH NOT HAVE A MEETING IN DECEMBER, WHICH WOULD BE, UH, I BELIEVE IT WAS DECEMBER 8TH.
ANY OPPOSED? ANYONE ABSTAINING.
[FUTURE AGENDA ITEMS]
AGENDA ITEMS. SO WE DID NOT END UP CONTINUING ENDED CASES TONIGHT.IS THAT CORRECT? WE CONTINUED, WE DID.
WE CONTINUED, UM, 24, 11 LONG BEACH STREET TO BE DECEMBER 9TH MEETING.
WELL, IT WASN'T A CONTINUED, THERE WAS AN ORDER.
LET'S SEE, THE ORIGINAL ORDER WAS VACATED.
THE FINES ARE REMOVED AND THEY'RE SUPPOSED TO COME BACK ON DECEMBER 9TH, BUT THE FULL DETAILED COMPLIANCE PLAN AND PERMITS.
WHAT I HAVE IN MY NOTES IN CASE I'M MISSING ANYTHING.
UM, I WASN'T PAYING ATTENTION ON THAT ONE, SO HOPEFULLY SOMEONE ELSE CAN LET YOU KNOW, THAT'S WHAT I HAVE IN MY NOTES, MARLENA.
AND ARE YOU AWARE OF ANY OTHER CASES THAT ARE RETURNING OR COMING BACK TO US? NO, NOT THAT I KNOW OF THE QUESTION FOR MISS ALLIE.
I DON'T KNOW OF ANY CASES THAT ARE RETURNING AT THIS POINT.
THERE MIGHT GET SOME APPEALS AND THE REST WOULD BE NEW CASES.
UM, I DON'T HAVE ANYTHING TO ADD TO THIS.
ANYONE ELSE ON THE COMMISSION HAVE ANY OTHER REQUESTS FOR FUTURE AGENDA ITEMS? DOESN'T SOUND LIKE IT.
WHAT'S MORE SATISFYING THAN LAST MONTH.
FRYBERGER I WOULD JUST LIKE TO TAKE A MOMENT, A POINT OF PERSONAL PRIVILEGE TO SAY THAT I'VE ENJOYED WORKING WITH YOU AND WITH THE FELLOW COMMISSIONERS ON THE BUILDING AND STANDARDS COMMISSION.
UM, THIS MEETING, I BELIEVE MARKS, UH, SIX YEARS THAT I'VE BEEN ON THIS COMMISSION.
UM, AND I'VE ENJOYED MY TIME AND MY SERVICE, BUT I WILL BE STEPPING AWAY, UH, BY THE END OF THE YEAR.
SO I'M ACTUALLY, DECEMBER 9TH IS MY BIRTHDAY.
[02:25:01]
SO I MAY NOT BE PRESENT AT THAT LAST MEETING.UM, BUT I'VE ENJOYED WORKING WITH Y'ALL AND, UH, BEING A PART OF THIS PROCESS.
AND SO I WISH EVERY BOOK AND, UH, WELL, AND YOU KNOW, HOPE TO RUN INTO YOU IN THE FUTURE.
YOU, YOU WILL BE MISSED AND IT HAS BEEN A PLEASURE.
IT HAS BEEN A PLEASURE TO SERVE WITH YOU ON TO SERVE WITH YOU ON THIS BOARD.
AND, UM, THANK YOU FOR BRINGING THAT UP.
CAUSE I WAS WONDERING TOO, IF HE WOULD SHOW UP FOR DECEMBER'S MEETING OR NOT, SINCE YOU'RE MOVING ON TO BIGGER AND BETTER THINGS, YOU'VE GOT A GOOD EXCUSE.
CONGRATULATIONS ON IN YOUR POSITION.
YOU TOO MEETING IS THE MEETING ADJOURNED? UH, NOT YET.
I THINK ABOUT TO BE, I ADJOURNED THE MEETING.
LET THE RECORD SHOW THAT THE TIME IS 9:02 PM.