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[CALL TO ORDER]

[00:00:06]

>> JUNE 2ND 2021 MEETING TO ORDER.

THOSE WISHING TO SPEAK SIGN IN AT THE DOOR.

IF YOU HAVE NOT DONE SO, PLEASE DO SO AT THIS TIME FIRST ORDER

[MINUTES]

APPROVAL OF MINUTES OF MAY 5TH MEETING.

ANY ADDITIONS OR CORRECTIONS? >> MOTION BY MR. WEB.

>> SECOND BY MR. TURNER MINUTES BE APPROVED AS WRITTEN.

ROLL CALL, PLEASE. >> DR. PARIS?

>> I NEED TO ABSTAIN BECAUSE I WAS NOT HERE LAST MONTH.

>> MR. WEB? >> YES.

>> MR. TURNER? YES.

>> MOTION CARRIES. >> THANK YOU.

>> IN ALL CASES WHERE SPECIFICALLY STATED OTHERWISE.

BUILDINGS MUST BE SECURED AND LOT CLEANED AND MOWED BY THE OWNER WITHIN 10 DAYS OF RECEIPT OF NOTICE.

IF IT IS NOTED DONE SO, CITY MAY DO SO AND BILL THE OWNER.

? ANY CASE WHERE THE BOARD ORDERS AN OWNER TO DEMOLISH STRUCTURE OR STRUCTURES BUT THE OWNER FAILS TO DEMOLISH OR APPEAL BOARD'S ORDER CITY MAY DEMOLISH.

ANY APPEAL MUST BE FILED IN DISTRICT COURT WITHIN 30 DAYS AFTER THE PARTY RECEIVES NOTICE OF THIS BOARD'S DECISION.

YOU SHOULD BE PREPARED TO PRESENT THE FOLLOWING INFORMATION: SPECIFIC TIME FRAME NEEDED TO COMPLETE REPAIRS. SPECIFIC SCOPE OF REPAIR TO BE COMPLETED. AND COST ESTIMATES FOR WORK TO BE DONE BY LICENSE, BONDED CONTRACTORS SUCH AS ELECTRICAL, HEATING AND AIR CONDITIONING. YOU HAVE A RIGHT TO HIRE AN ATTORNEY TO REPRESENT YOU AT THE HEARING.

RIGHT TO INSPECT THE FILE AT THE OFFICE OF PLANNING AND DEVELOPMENT SERVICES. PRIOR TO THE HEAR IN HEARING RI REQUEST CITY STAFF FOR PURPOSES OF QUESTIONING AT THE HEARING.

THOSE WISHING TO SPEAK SHALL RAISE YOUR RIGHT HAND.

SEEING NO ONE, WE'LL DISPENSE WITH IF SWEARING IN.

[A. Case for Rehabilitation, Demolition or Civil Penalties - Case No.21-000082: 2404 N 3rd (PECAN PARK, BLOCK K, LOT 1 & 2), Owner: FOCO CAPITAL LLC]

HEAR THE FIRST CASE.

>> GOOD MORNING. >> JOSH CODE OFFICER CITY OF ABILENE PROGRAM. TODAY WE HAVE TWO ITEMS ON OUR AGENDA. PUBLIC NOTICE POSTED AND SENT OUT FOR TODAY'S MEETING FOR THE TWO PROPERTIES.

FIRST ITEM IS ITEM NO. 3A CASE NO. 21-000082.

LOCATED 2404 NORTH 3RD STREET. COUNTY RECORDS WARRANTY DEED.

FOE CO-CAPITAL TO BE THE OWNER. SECRETARY OF STATE SHOWS TAX RECORDS NOT APPLICABLE. INACTIVE SINCE MARCH 22ND 2017 AND FOCO CAPITAL LLC TO BE THE OWNER.

PUBLIC NOTICE POSTED FOR TODAY'S MEETING.

THIS IS THE FRONT EAST SIDE OF THE STRUCTURE.

THIS IS THE NORTH SIDE OF THE STRUCTURE.

THIS IS THE REAR WEST SIDE AND SOUTH SIDE OF THE STRUCTURE.

YOU SEE EXTENSIVE INTERIOR DAMAGE ON THE OUTSIDE OF THE STRUCTURE. THERE IS MORE DAMAGE TO THE EXTERIOR. WE HAVE PLUMBING AND MECHANICAL ISSUES ON THE EXTERIOR AS WELL. INTERIOR OF THE STRUCTURE SHOWS

[00:05:01]

TO BE QUITE A BIT OF INCOMPLETE ARCHITECTURAL STRUCTURAL WORK.

THERE ARE ELECTRICAL ISSUES AS WELL.

SO TIMELINE OF EVENT JANUARY 121ST, 2021.

PROPERTY CONDEMNED. LETTERS SENT.

MARCH 26, 2021, CONTRACTOR ATTEMPTED TO PULL PERMIT.

FLOOR PLANS WERE NOT SUBMITTED, PERMIT PIT ON HOLD.

MARCH 31ST, PERMIT CONTINUED TO BE PLACED ON HOLD.

MAY 11TH UTILITIES SHUT OFF. MAY 19 PERMIT STILL ON HOLD.

MAY 20TH, LIEN ON THE PROPERTY. EXPLAINED DETAILS OF THE CASE.

WE SENT INITIAL NOTICES IN. LOAN OFFICERS ASSIGNED TO THE CASE OWNER STATED HE WAS NO LONGER GOING TO REPAIR STRUCTURE BUT DEMOLISH IT INSTEAD. OWNER WAS SUPPOSED TO SCHEDULE WITH THE CITY. AS OF TODAY WE STILL HAVE NO MEETING SET OR DEMOLITION HEARING PULLED.

PURSUANT TO CHAPTER 8 FOLLOWING CONDITIONS EXIST.

STRUCTURAL HAZARDS. HAZARDOUS ELECTRICAL WIRING AND FAULTY WEATHER PROTECTION. OWNER TO REPAIR, 30 DAYS TO OBTAIN ALL PERMITS INCLUDING TIME FRAME FOR REPAIR AND COST ES MATS. IF THIS IS DONE 60 DAYS, ALL FINAL INSPECTIONS COMPLETED BY THE EXPIRATION OF ALL PERMITS.

>> QUESTIONS OF MR. MARS. >> NO, SIR, NOT WITH THE OWNER.

>> WE DON'T HAVE A CONTACT NUMBER.

HE HAS BEEN SENT LETTERS. I DID SPEAK WITH THE LIEN HOLDER. ASSUMING FOR CONFIDENTIALITY REASONS, LIEN ORDER DID STATE THE OWNER WAS WANTING TO DEMOLISH THE STRUCTURE INSTEAD OF CONTINUING TO REPAIR IT.

SHOULD THE OWNER CHANGE HIS MIND AND WANT TO COMPLETE THE REPAIRS HE STARTED THAT COVERS BOTH ENDS OF IT.

>> LOOKS LIKE THE LOT HAS NOT BEEN MOWED THIS YEAR?

>> YES, SIR, IT HAS, ACTUALLY. APOLOGIZE FOR NOT INCLUDING THAT

IN THE TIMELINE. >> NEEDS TO DO IT AGAIN.

IT IS GETTING PRETTIAL. >> WE'LL TAKE CARE OF IT.

HARDER FOR OUR CONTRACTORS TO GET OUT THERE.

WE'LL HAVE SOMEBODY OUT THERE TO GET IT MOWED.

>> DID THE CITY HAVE TO DO IT THE FIRST TIME?

>> YES, SIR. >> BUILDING WAS SECURED, AS WITH THE REPAIRS THEY WERE DOING THAT IS WHY IT WAS OPEN AT THE TIME.

THEY WERE ATTEMPTING TO GET REPAIRS DONE ON IT.

WITH THE PERMIT STILL ON HOLD, THAT IS WHY IT IS AT A STAND

STILL RIGHT NOW. >> OKAY.

ANY OTHER QUESTIONS MR. MARS? >> THANK YOU MR. MARS.

AT THIS TIME, I'LL OPEN PUBLIC HEARING, CASE 21-000082.

ANYONE WISHING TO SPEAK TO THE CASE, STEP FORWARD STATE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE HEARING ON CASE 21-000082 AND OPEN FLOOR FOR DISCUSSION AND A MOTION. I GUESS THIS IS THE FIRST TIME

WE HAVE SEEN THIS CASE? >> YES, SIR.

>> REGULAR 30-60-60 IN ORDER HERE.

>> I MOVE THAT WE ACCEPT STAFF RECOMMENDATION AND ORDER OWNER TO REPAIR INCLUDING TIME FRAME. IF THIS IS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL

PERMITS. >> MOTION BY MR. TURNER.

>> I'LL SECOND IT. >> SECOND BY MR. WEBB OWNER IS ORDERED TO REPAIR 30 DAYS TO OBTAIN ALL PERMITS AND PROVIDE A PLAN OF ACTION INCLUDING TIME FRAME FOR REPAIR AND COST ESTIMATES. IF THAT IS DONE 60 DAYS TO OBTAIN INSPECTIONS. IF THAT IS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY EXPIRATION OF ALL PERMITS

[00:10:03]

ROLL CALL. >> DR. PARIS?

>> AYE. >> MR. WEBB?

>> YES. >> MR. TURNER?

>> YES. >> MR. BEARD?

>> YES. >> MOTION CARRIES.

>> THANK YOU. >> ITEM NO. 3B CASE NO. 21 --

[B. Case for Rehabilitation, Demolition or Civil Penalties - Case No.21-000224: 4026 Pine St. (A0012 SUR 83 L BOWERMAN, ACRES 5.235), Owner: Little, Phil L]

LOCATED AT 4026 PINE STREET. CHECKLIST SHOWS COUNTY RECORDS, NO RECORD OF PROPERTY DEED FOUND.

SEVERAL NOTICE OF LIEN AFFIDAVIT RECORDS FOUND SHOWING PHIL J.

LITTLE AS THE OWNER. TAYLOR COUNTY ALSO SHOWS PHIL J.

LITTLE TO BE THE OWNER. SECRETARY OF STATE SHOWS NO ENTITY UNDER THIS NAME. TAX RECORDS ARE NOT APPLICABLE.

ONE BACK IN FEBRUARY BEFORE ALL THE GREENS STARTED -- THAT IS THE FRONT SOUTH SIDE OF THE STRUCTURE.

THIS IS THE EAST SIDE OF THE STRUCTURE.

WE HAVE THE REAR NORTH SIDE OF THE STRUCTURE.

HERE IS THE WEST SIDE OF THE STRUCTURE.

YOU CAN SEE SEVERE DAMAGE AND THE LIENING ON THE STRUCTURE GOING ON. INTERIOR ROOF DAMAGE EXTENSIVE AS WELL. HERE IS INTERIOR FLOOR DAMAGE.

TIMELINE OF EVENTS IS FAIRLY SHORT, FEBRUARY 26TH PROPERTY CONDEMNED. 3060 SENT TO THE OWNER.

MARCH 9TH. 2021.

MARCH 10TH. 2021.

I DID RECEIVE LETTER FROM THE OWNER HE WAS NOT AWARE OF ANY PROPERTY OWNED AT THAT ADDRESS LISTED IN THE NOTICE OF CONDEMNATION. LETTER FURTHER READ AT THE SET PROPERTY ADDRESS OWNER WISHED THE CITY TO REMOVE THE STRUCTURE. THERE IS NO FURTHER UPDATES.

SO STAFF RECOMMENDATION TO FINE THE PROPERTY IS A PUBLIC NUANCE.

PERCENT TO CHAPTER 8 FOLLOWING EXIST.

HAZARDOUS ELECTRICAL WIRING. HAZARDOUS PLUMBING.

FAULTY WEATHER PROTECTION. STAFF RECOMMENDS OWNER TO DEMOLISH OR APPEAL ORDER WITHIN 30 DAYS OR CITY MAY DEMOLISH.

>> ANY QUESTIONS? >> I HAVE A QUESTION: WHY WOULD THE TAX RECORDS NOT BE APPLICABLE? HAVE THE TAXES BEEN PAID ON THIS PROPERTY?

>> MUNICIPALITY RECORDS IS WHAT WE SHOW NOT APPLICABLE.

TAX RECORDS ARE YOU REFERRING TO TAYLOR COUNTY TAX RECORDS?

>> I AM JUST SOMETIMES WE KNOW IF THE TAXES HAVE BEEN PAID OR NOT AND I GUESS I AM QUESTIONING THE VERACITY OF THE OWNER SAYING HE WAS ABOUT AWARE ANYTHING WAS THERE.

HAVE THE TAXES BEEN PAID? IF SO IF HE IS PAYING THE TAXES HE SHOULD BE ABLE TO REALIZE THERE IS SOMETHING ON THE

PROPERTY. >> THAT IS SOMETHING WE COULDN'T GET CLARIFICATION ON. HE LIVES OUT OF THE ABILENE.

HE IS AWARE OF THE PROPERTY. AWARE HE OWN IT IS PROPERTY.

NOT AWARE OF THERE BEING THE STRUCTURE.

>> WOULDN'T HE BE NOTIFIED IF THERE WERE MULTIPLE LIENS.

THERE IS A NEW SYSTEM THAT SPECIFIES DOWN TO THE NAME OF THE OWNER. WE WOULD HAVE HOPED TO HAVE BEEN ABLE TO PULL SOMETHING UP. NOTHING CAME UP.

[00:15:04]

>> HE IS NOT THE ACKNOWLEDGING HE IS THE OWNER? HE IS STATING HE IS NOT AWARE OF ANY STRUCTURE ON THE PROPERTY.

>> ANY QUESTIONS OF MR. MAREZ? >> THANK YOU AT THIS TIME I'LL OPEN PUBLIC HEARING CASE 21-000224.

ANYONE WISHING TO SPEAK TO THIS CASE STATE YOUR NAME FOR THE RECORD. SEEING NO ONE I WILL CLOSE PUBLIC HEARING CASE 21-000224. AND OPEN THE FLOOR FOR

DISCUSSION AND A MOTION. >> GIVEN THE INFORMATION WE HAVE I WOULD PROPOSE THAT THE PROPERTY IS DECLARED A PUBLIC NUISANCE. REPAIR OF THE STRUCTURE WOULD BE

UNREASONABLE. >> MOTION BY DR. PARIS.

>> IN THIS CASE SO LONG AS THE CITY HAS DONE ITS DUE DELL GENERALS TO LOOK THROUGH AND FOLLOW NOTIFICATION OF THE OWNER. THIS IS THE INDIVIDUAL FOUND JUST THAT THE BOARD MUST BE AWARE FIRST BEFORE ORDERING DEMOLITION MUST FIND PROPERTIES IS A HAZARD TO THE PUBLIC AND SAFETY AND WELFARE FIRST AND SUBSEQUENT ORDER IF THE BOARD

SHOULD FOLLOW. >> MOTION BY DR. PARIS, SECOND BY COMMISSIONER WEBB. REPAIR AND STRUCTURE WOULD BE UNREASONABLE. ROLL CALL, PLEASE.

>> DR. PAS PARIS? >> AYE.

>> MR. WEBB? >> YES.

>> MR. TURNER? >> YES.

>> AND MR. BEARD. >> YES.

>> MOTION CARRIES. >> COULD I ASK A QUESTION BEFORE I MAKE ANOTHER MOTION? SINCE THERE ARE MULTIPLE LIENS AGAINST THIS PROPERTY ALREADY WHEN WE SEND AN ORDER LIKE THIS, IF THE OWNER DOES NOT DEMOLISH DO WE THEN -- DO WE THEN FILE A LIEN AGAINST HIM FOR THAT? OR DOES THE CITY GO AHEAD AND DO IT AND THEN FILE A LIEN AGAINST THE PROPERTY.

>> SO THE PROCESS GENERALLY WORKS AFTER 30 DAYS OF COURSE, THERE IS AN OPPORTUNITY IF THAT HAS NOT DONE SO WITHIN 30 DAYS, CITY OBTAINS A CONTRACTOR THROUGH PROPER BIDDING PROCESSES AND DEMOLISHES THE PROPERTY WHEN SET CONTRACTOR IS FOUND AND THEN THE OWNER IS BILLED AND IF THE OWNER DOES NOT PAY WITHIN THE CERTAIN TIME FRAME AS ADMINISTRATIVELY DETERMINED BY THE CITY THEN A LIEN IS FILED AGAINST THE PROPERTY.

THOSE LIENS ARE SOMETIMES SATISFIED, SOMETIMES NOT DEPENDING ON WHERE THE LIEN FALLS IN PRIORITY BASED ON OTHER LIENS MAY HAVE ALREADY BEEN ASSESSED AGAINST THE PROPERTY.

JUST DEPENDS ON THE PROPERTY AND HOW MANY LIENS THERE ARE.

I HOPE THAT ANSWERS YOUR QUESTION.

>> OH YEAH. THANK YOU.

WITH THAT IN MIND I WOULD STILL PROPOSE THAT THE OWNER S ORDERED TO DEMOLISH OR CITY MAY DEMOLISH.

>> MOTION BY DR. PARIS. >> SECOND THE MOTION.

>> SECOND BY MR. WEBB. THAT THE OWNER IS ORDERED TO DEMOLISH OR APPEAL ORDER TO THE DISTRICT WITHIN 30 DAYS OR THE CITY MAY DEMOLISH. ROLL CALL, PLEASE.

>> DR. PARIS? >> AYE.

>> MR. WEBB? >> YES.

[00:20:01]

>> MR. TURNER? >> YES.

>> MR. BEARD? >> YES.

>> MOTION CARRIES. >> WITH THAT, I GUESS THAT

CONCLUDES OUR CASE LOAD. >> YES, SIR.

>> AND ALL THE AGENDA

* This transcript was compiled from uncorrected Closed Captioning.