Regular Meeting of the Building and Standards Commission August 26, 2020 Building and Standards Commission Meeting to be held August 26, 2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers (property owners, representatives and/or interested parties) must register in advance (one day before the scheduled meeting, Tuesday August 25, 2020 by Noon). To speak remotely at the August 26, 2020 Building and Standards Commission Meeting, you must: •Call or email Melanie Alley at 512-974-2679 or melanie.alley@austintexas.gov no later than August 25, 2020 by Noon, (one day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, a telephone number and email address. •Once a request to speak has been called in or emailed to the board liaison, speakers will be contacted with the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak. Late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to melanie.alley@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •Residents may watch a live broadcast of the meeting here: http://www.austintexas.gov/page/watch-atxn- live Page 1 BUILDING AND STANDARDS COMMISSION WEDNESDAY, AUGUST 26, 2020 AT 6:30 P.M. VIA VIDEOCONFERENCING http://www.austintexas.gov/page/watch-atxn-live AGENDA The Building and Standards Commission (“Commission”) may go into a closed session under Chapter 551 of the Texas Government Code to receive advice from legal counsel or for other reasons permitted by law as specifically listed on this agenda. Further, if necessary, the Commission may go into a closed session as permitted by law regarding any item on this agenda. Building and Standards Commission Members Wordy Thompson Jessica Mangrum Timothy Stostad James Briceno Sade Ogunbode Edgar Farrera Elizabeth Mueller Thomas Vocke, Fire Marshall (Ex Officio) Andrea Freiburger, Chair Pablo Avila, Vice Chair Natalya Sheddan John Green CALL TO ORDER APPROVAL OF MINUTES PUBLIC HEARINGS Approve the minutes of the Building and Standards Commission’s July 22, 2020 regular meeting. Returning Case(s): The Commission will hear the following returning cases and may issue orders to vacate, relocate occupants, repair, demolish, secure the premises, or modify a civil penalty: …
Repeat Offender Properties Suspension and Revocation Update PRESENTED BY MATTHEW I NORIEGA August 26, 2020 ROP Criteria or more separate notices of violation are issued for the same property within a consecutive 24-month period and the owner of the property fails to correct the violations within the time frame required by the code official. or more separate notices of violation issued on separate days for the same property within a 24 period regardless of whether the violation was corrected or not. or more citations are issued for the same property within a 24 consecutive months. Suspension and Revocation Suspension - § 4-14-50 The code official may suspend rental registration for a rental property if the code official determines: (1) the property is declared substandard or dangerous by the Building and Standards Commission, the code official, or a court of competent jurisdiction; (2) the registrant fails to timely comply with a notice of violation; (3) the registrant fails to comply with a requirement of this Chapter; (4) the registrant fails to comply with other City permitting requirements; or (5) the registrant fails to pay its annual registration fee. Revocation - § 4-14-51 The code official may immediately revoke a registration that has been suspended pursuant to Section 4-14-50 (Suspension) if the code official determines that the registrant is: (1) a condition that is dangerous or impairs habitability exists at the rental property during the suspension period; and (2) the registrant fails to take remedial action to correct the condition. Even if the registration has not been suspended, the code official may immediately revoke a registration issued under this chapter if an order to vacate the rental property is issued by the Building and Standards Commission or a court of competent jurisdiction. BY THE NUMBERS 2013 ROP began. 73 Properties currently participating in ROP. 5 Conditions that trigger suspension and revocation 10 Intent to Suspend Letters have been sent since June 24, 2020. 5 3 Suspension Letters sent Properties Suspended What exactly does it mean to suspend and revoke? YOUR ROLE CODE OFFICIAL RECEIVES S&R APPEAL must be done within 10 days of notification APPEAL PRESENTED TO BSC BSC MAY GRANT OR DENY THE APPEAL What happens if BSC upholds suspension and revocation? A suspension or revocation prohibits the registrant from renting vacant units to new tenants. If a registrant fails to adhere to the prohibition, the Code Official may bring a …
BUILDING AND STANDARDS COMMISSION REGULAR MEETING MINUTES Date: August 26, 2020 The Building and Standards Commission (BSC) convened remotely via video conference for a regular meeting on Wednesday, August 26, 2020. The meeting was available for viewing at http://www.austintexas.gov/page/watch-atxn- live. Commission Members in Attendance: Chair Andrea Freiburger, Vice Chair Pablo Avila; Commissioners: Jessica Mangrum, Natalya Sheddan, Timothy Stostad, James Briceno, Wordy Thompson, Elizabeth Mueller, Sade Ogunbode, Edgar Farrera, and John Green* (Commissioner Green joined the meeting already in progress). Thomas Vocke, Fire Division Chief was absent. Staff in Attendance: Melanie Alley, Code Review Analyst/BSC Coordinator; Robert Moore, Division Manager; Marlayna Wright, Investigator; James Candelas, Program Specialist; Farah Presley, Inspector; Matthew Noriega, Interim Division Manager; Michael Dial, Field Supervisor; Khary Dumas, Inspector; and Brandon Carr, Assistant City Attorney. CALL TO ORDER Chair Freiburger called the Commission Meeting to order at 6:59 p.m. APPROVAL OF MINUTES Vice Chair Avila moved to approve the minutes from the July 22, 2020 regular meeting, seconded by Commissioner Wordy Thompson. Commissioner Mueller abstained from voting. The August meeting minutes were approved on a 9- 0-1 vote. Commissioner Green was off dais. PUBLIC HEARINGS The Commission considered the new cases on the agenda (items 2, 3) and then considered the returning case (item 1). Case(s) Case Number(s) Street Address Owner(s) 2. CL 2020-116245 3606 Thompson Street 3606 Thompson LLC This property was represented at the hearing by attorney Lori Daves and the Owner’s representative Courtney Dinnen. Chair Freiburger admitted Staff’s Exhibits 1 and 2A-2Q, and the Owner’s Exhibits 1, 2 and 3. Commissioner Green made a motion to adopt staff’s recommendation, but modify to extend timeframe to 90 days, seconded by Commissioner Thompson. The motion was withdrawn. Commissioner Green motioned to continue the case to the October meeting and require the owner to attend this meeting with permits, show progress on repairs, and provide cost estimates for the remaining repairs, seconded by Commissioner Briceno. The motion failed 5-6. Chair Freiburger and Vice Chair Avila, Commissioners Mangrum, Sheddan, Ogunbode 1 and Mueller opposed the motion. Commissioner Mangrum then made a motion to adopt the proposed findings of fact and conclusions of law and adopt Staff’s recommended order for repair within 60 days from the date the order is mailed, with penalties of $1,000 per week to begin to accrue on the 61st day if not in compliance, seconded by Commissioner Thompson. The motion passed 11-0. 3. CL 2020-116516 …
