B.1.1 - 907 Congress Ave - BSC Order 03-24-21 — original pdf

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OF 40 vo'vr# THE STATE OF TEXAS § COUNTY OF TRAVIS § I, Jannette S. Goodall, City Clerk of the City of Austin, Texas, do hereby certify that the foregoing instrument is a true and correct copy of an ORDER of the Building and Standards Commission of the City of Austin, Texas, issued on March 24,2021, relating to Case No. CL-2021-002304, consisting of four pages, as on file in the Office of the City Clerk the 1 St day ofApril 2021. WITNESS my hand and official seal of the City of Austin at Austin, Texas, this 1 St 0 .f day ofApril, 2021. 1», JANNETTE * GOODALL CITY CLERK CITY OF AUSTIN, TEXAS 1 % 1?9139€.24... f 6.-0 k 2 \ \ *j.1 - 0 0 - - - e e e - = 46,11/ 009 ..44:,lp.,,,,..t. Case No. CL-2021-002304 In the Matter of 907 Congress Avenue Austin, Texas 78701 OCC RECEIVED AT APR 1 '21 PHS:13 Before the Building and Standards Commission of the City of Austin, Texas State of Texas County of Travis ORDER OF THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF AUSTIN, TEXAS On March 24, 2021, under the authority of Chapters 54 and 214 of the Texas Local Government Code, the Building and Standards Commission ("Commission") of the City of Austin, Texas, considered 907 Congress Avenue, ("the Property") and took action as described below. A. ORDER The Commission orders the following: 1. The Commission ORDERS that the Findings of Fact and Conclusions of Law for this property be adopted. 2. The Commission ORDERS that the owner of record complete the following within ninety (90) days from the date the Order is mailed to the owner of record: a. obtain and finalize all necessary permits in accordance with the requirements for historic structures, including approval from the Historic Landmark Commission, if necessary; b. correct the cited violations by completing all repairs to the structure; c. request inspection(s) from Austin Code to verify compliance; and 3. The Commission ORDERS that on the ninety-first (91st) day, if the repairs as required by this order are not complete, 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. shall accrue at a rate of 10 percent per vear from the date of the assessment until paid in full. Interest -4 VALIDITY OF ORDER NOT AFFECTED BY TRANSFER: When a Commission order has been filed in the deed records, the Commission order is valid even if the property is sold or otherwise transferred. A person who acquires an interest in the property after a Commission order is recorded is subject to the requirements of the Commission order. B. FINDINGS OF FACT The Commission makes the following findings of fact: I. PROPERTY IDENTIFICATION The property which is the subject of this proceeding is located at 907 Congress Avenue Austin, Texas. The structure on this property is also known as the Grandberry Building. The property is legally known as N 23FT LOT 2 BLOCK 111 ORIGINAL CITY. Page 1 of 4 II. III. owner. OWNER IDENTIFICATION By copy of the Travis Central Appraisal District records, H. Dalton Wallace is the title INSPECTION INFORMATION On September 22,2020, the premises was inspected by Austin Code Officer Willis Adams for the City of Austin and violations were found. On January 19, 2021, Austin Code Officer Willis Adams performed an inspection at this location and found that the conditions remained the same. On March 10, 2021, Austin Code Officer Willis Adams performed an inspection at this location and found the property remains in violation. IV. NOTICE OF VIOLATION The Austin Code Department of the City of Austin provided notice to the following individual/entity: Dalton H. Wallace (Owner) Mail sent certified # 7019 1640 0001 2755 6585 on October 8,2020. Mail sent regular on October 8,2020. Received / signed by DW on December 21, 2020. V. APPEAL INFORMATION FOR THE NOTICES OF VIOLATION No appeal was received by the Code Official's designee to the Commission related to the Notices of Violation described in Subsection B. IV. (Notices of Violation). VI. NOTICES OF HEARING The Austin Code Department of the City of Austin provided the following notification of hearing by posting on the premises on March 11, 2021 and by publication in the Austin American Statesman on March 12, 2021. Additionally, notice of hearing was sent to: Dalton H. Wallace (Owner) Mail sent certified # 7019 2280 0001 1062 0544 on March 11, 2021. Mail sent regular on March 11,2021. VII. VIOLATIONS The following condition(s) of the premises violate the identified subsections of the International Property Maintenance Code, adopted by reference in Sections 25-12-211 through 25-12-213 of the Austin City Code. These noted violations create a public nuisance and are considered unsafe with substandard conditions at the property. Description of Violation: Foundation Walls (§304.5): The foundation walls shall are not being maintained plumb and free from open cracks and breaks. There are cracks and openings which will not prevent the entry of rodents and other pests. Remedy: Repair foundation walls. Description of Violation: Exterior Walls (§304.6): The exterior walls have holes, breaks, and loose or rotting materials; and are not weatherproofed and properly surface coated where required to prevent deterioration. Remedy: Repair exterior walls. Page 2 of 4 Description of Violation: Roofs and Drainage (§304.7): The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Remedy: Repair roofing. Description of Violation: Electrical (§604.2): In accordance with NFPA 70, the building does not have a safe and adequate electrical service. A dwelling unit must be served by an electrical service with a rating of at least 60 amperes. Remedy: Upgrade electrical service to building. Description of Violation: Accumulation of Rubbish or Garbage (§308.1): All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Remedy: Remove all trash and debris from property area. Description of Violation: Window, Skylight and Door Frames (§304.13.1): All glazing materials shall be maintained free from cracks and holes. Remedy: Repair or replace broken windows. Description of Violation: Premises Identification (§304.3): Buildings shall have approved address numbers placed in position to be plainly legible and visible from the street or road fronting the property (12.7 mm). Comply with Fire Code and the Mre Criteria Manual. Each character shall be not less than 4 inches high with a minimum stroke width 1/2 inch. Remedy: Address building properly with visible address numbers. Description of Violation: Garbage Facilities (§308.3.1): The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or, an approved leakproof, covered, outside garbage container. Remedy: Supply required garbage facility. VIII. PERMITS SECURED No permit has been secured for this property. C. CONCLUSIONS OF LAW The Commission makes the following conclusions of law: The Commission concludes that the property described above does not comply with the Austin City Code. The Commission concludes that the Austin Code Department served notice for the Commission' s March 24, 2021 hearing as described above and in accordance with applicable laws and ordinances. Page 3 of 4 The Commission concludes that because substandard conditions described above exist at the property, that this property is a public nuisance and is considered unsafe with substandard conditions. SIGNED:/?1 And?dF#MIrger, Chair Buiwing'and Standards Commission 3/30<2/ Date Return to: City of Austin Austin Code Department P.O. Box 1088, Austin, Texas 78767 - 1088 ATTN: 1*1=Emilley. BSC Coordinator MELANEEAMEY-? 1 · . MyN-fy ID#8816301 :0'0%·.. 41 SWORN and SUBSCRIBED before me this 5£9"day of March, 2021. AP?; 9. A-7« Notary Public in and for the State of 76915 486 MEIANE E All My Nowy ID # :, "' Page 4 of 4