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[CALL TO ORDER]

[00:00:06]

>>> AT I WILL CALL THE ABILENE BOARD OF BUILDING STANDARDS OCTOBER 2, 2024 MEETING TO ORDER. ANYONE WISHING TO SPEAK TO ANY CASE TODAY SHALL HAVE SIGNED IN IT AT THE DOOR. IF YOU HAVE NOT DONE SO, PLEASE DO SO AT THIS

[MINUTES]

TIME. FIRST ORDER OF BUSINESS IS APPROVAL OF THE MINUTES OF THE SEPTEMBER 4TH MEETING. AT THIS TIME I'LL OPEN THE PUBLIC HEARING ON THE MINUTES. ANYONE WISHING TO SPEAK TO THE MINUTES, PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AND OPEN THE FLOOR FOR ANY ADDITIONS OR CORRECTIONS TO THE

MINUTES. >> I MOVE TO STAND AS

PRESENTED. >> MOTION BY MR. ALLRED BE

APPROVED AS WRITTEN. >> I'LL SECOND THE MOTION.

>> SECOND BY MR. WYATT. ROLL CALL PLEASE.

>> MR. WYATT. >> YES.

>> MR. ALLRED. >> YES.

>> MR. ALDRIEDGE. >> YES.

>> MR. MCNEILL. >> ABSTAIN.

>> MR. BEARD. >> YES.

>> MOTION PASSED. >> AS A STATEMENT OF POLICY IN ALL CASES EXCEPT WHERE SPECIFICALLY STATED OTHERWISE, BUILDINGS MUST BE SECURED AND THE LOT CLEAN AND MOWED BY THE OWNER WITHIN TEN DAYS OF RECEIPT OF THE NOTICE OF THE RESULTS OF THIS HEARING. IF THIS IS NOT DONE THE CITY MAY DO SO AND BILL THE OWNER. IN ANY CASE WHERE THE BOARD ORDERS THE OWNER TO DEMOLISH A STRUCTURE OR STRUCTURES BUT THE OWNER FAILS TO DEMOLISH OR APPEAL THE BOARD'S ORDER, THE CITY MAY DEMOLISH. ANY APPEAL MUST BE FILED IN DISTRICT COURT WITHIN 30 CALENDAR DAYS AFTER THE AGREED PARTY RECEIVES NOTICE OF THIS BOARD'S DECISION. AT THE HEARING YOU SHOULD BE PREPARED TO PRESENT THE FOLLOWING INFORMATION.

SPECIFIC TIME FRAME NEEDED TO COMPLETE REPAIRS, SPECIFIC SCOPE OF REPAIR WORK TO BE COMPLETED, AND COST ESTIMATES FOR WORK TO BE DONE BY LICENSED, BONDED CONTRACTORS SUCH AS ELECTRICAL, PLUMBING, HEATING AND AIR-CONDITIONING CONTRACTORS. YOU HAVE THE RIGHT TO HIRE AN ATTORNEY TO REPRESENT YOU AT THE HEARING. THE RIGHT TO INSPECT THE FILE ON THE PROPERTY AT THE OFFICE OF PLANNING AND DEVELOPMENT SERVICES PRIOR TO THE HEARING. THE RIGHT TO REQUIRE PRESENCE OF CITY STAFF FOR THE PURPOSES OF QUESTIONING AT THE HEARING.

ANYONE WISHING TO SPEAK TO ANY CASE TODAY PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR AND AFFIRM THE TESTIMONY YOU'LL GIVE TODAY IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. WITH THAT, WE'RE READY FOR THE FIRST

CASE. >> GOOD MORNING. TODAY WE HAVE NINE CASES. 859 STREET WILL NOT BE ON THE AGENDA. I WANT TO THANK OUR ALTERNATE BOARD MEMBERS FOR BEING HERE ON SHORT NOTICE. THIS IS THE PUBLIC NOTICE THAT WAS PUBLISHED FOR

[A. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-002791: 4474 La Hacienda Dr (VAQUERO SUB SEC 2, BLOCK A, LOT 10, ACRES 1.281, TAYLOR COUNTY, TEXAS), Owner: 4474 La Hacienda Trust]

THIS HEARING. FIRST CASE ON THE AGENDA IS CASE NUMBER 22-002791 LOCATED AT 4474 LA HACIENDA DRIVE. THE VENDORS NAMING 4474 LA HACIENDA TRUST TO BE THE OWNER. SECRETARY OF STATE SHOWS NO ENTITY UNDER THIS NAME. TAX RECORDS ARE NOT APPLICABLE.

UTILITY RECORDS SHOW THEY'VE BEEN INACTIVE SINCE OCTOBER OF 2021 AND THE SEARCH REVEALS 4474 LA HACIENDA TRUST TO BE THE OWNER. THIS IS THE PUBLIC NOTICE FOR THIS HEARING THAT WAS POSTED ON THE STRUCTURE. THIS IS THE FRONT EAST SIDE.

THIS PHOTO WAS TAKEN ON SEPTEMBER 30TH. IF YOU LOOK CLOSE YOU CAN SEE THE VARIATION IN THE BRICK COLORING. THIS IS THE REAR WEST SIDE. THE SOUTH SIDE. THE NORTH SIDE.

ADDITIONAL SHOT OF THE NORTH SIDE. THESE ARE THE CURRENT

[00:05:05]

SUBSTANDARD CODE VIOLATIONS THAT WERE FOUND. INADEQUATE SANITATION. NUISANCE AND HAZARDOUS ELECTRICAL WIRING.

THIS IS THE CURRENT STATE OF THE PROPERTY IN THE FRONT. THE PICTURE ON THE LEFT IS FROM AUGUST 1ST OF '24 THE PICTURE ON THE RIGHT IS FROM SEPTEMBER 30TH. THERE'S REALLY NO CHANGE. PICTURE ON THE LEFT IS FROM AUGUST 1ST. PICTURE ON THE RIGHT IS FROM SEPTEMBER 25TH. PICTURE ON THE RIGHT SHOWS THAT THE GARAGE DOORS HAVE BEEN REMOVED LEAVING ACCESS TO THE HOUSE. THIS IS THE INTERIOR OF THE HOUSE. YOU CAN SEE IT'S CURRENTLY IN A DANGEROUS STATE. WE HAVE SOME UNFINISHED ELECTRICAL. WE HAVE SOME BROKEN WINDOWS. THIS IS THE INCOMPLETE POOL THAT'S EASILY ACCESSIBLE FROM THE STREET. IT'S OBSCURED BY THE GRASS SO YOU HAVE A FALLING HAZARD AND YOU HAVE A MOSQUITO HAZARD. THIS IS THE TIMELINE OF EVENTS. I'M GOING TO SKIP TO THE CURRENT EVENTS AUGUST 20TH OF 2024, THE CITY ISSUED AN INVOICE TO THE GENERAL CONTRACTOR TO HAVE THEM REINSTATE THE BUILDING PERMIT THAT HAD BEEN EXPIRED SINCE JULY. SEPTEMBER 5TH, THE ASSISTANT BUILDING OFFICIAL SPOKE TO THE GENERAL CONTRACTOR AND SHE SAID THEY'D HAVE THE MOWING, THE CLEANUP AND THE POOL SECURED AT THAT UPCOMING WEEKEND. SEPTEMBER 10TH OF 2024, THE NOTICE OF THE OCTOBER TODAY'S HEARING WAS POSTED ON THE STRUCTURE. SEPTEMBER 11TH THE NOTICE WAS SENT. SEPTEMBER 16TH WE REACHED OUT TO THE PROPERTY OWNER BY E-MAIL TO GET AN UPDATE. TO DATE NO REPLY HAS BEEN RECEIVED FROM THE OWNER. THE ASSISTANT BUILDING OFFICIAL SPOKE TO THE GENERAL CONTRACTOR ABOUT THE PROPERTY CLEANUP AND THE PERMIT FEE AND THE GENERAL CONTRACTOR SAID SHE WAS WAITING FOR THE GO AHEAD FROM THE OWNER. SEPTEMBER 24TH, WE WERE CONTACTED BY THE INSTALLERS OF THE PROPERTY'S GARAGE DOORS.

WE WERE INFORMED THAT THEY HAVEN'T BEEN PAID FOR THE DOORS AND THEY INTEND TO REMOVE THEM. THEY ALSO LET US KNOW THEY HAVE ATTEMPTED TO CONTACT THE GENERAL CONTRACTOR BUT THEY HAVE BEEN UNSUCCESSFUL. SEPTEMBER 25TH, WE INSPECTED THE PROPERTY AND FOUND IT TO STILL BE UNMOWED, HAS DEBRIS SPILLED INTO THE FRONT YARD. THE IN-GROUND POOL STILL UNSECURED AND FILLING WITH WATER. THE GARAGE DOORS WERE IN FACT REMOVED BY THE INSTALLER LEAVING COMPLETE ACCESS TO THE INSIDE OF THE HOUSE. SEPTEMBER 30TH, NINE OF THE 15 BUILDING INSPECTIONS WERE COMPLETED. SIX INSPECTIONS REMAIN UNTIL THE CO CAN BE ISSUED AND THE PROPERTY RELEASED FROM CONDEMNATION. THE PAYMENT FOR REINSTATEMENT OF THE BUILDING PERMIT HAS STILL NOT BEEN RECEIVED. THE STAFF RECOMMENDATION IS TO TAKE NO ACTION UNTIL THE NEXT HEARING IF NECESSARY. IF THE OWNER FAILS TO COMPLY WITH THE SEPTEMBER 4TH, 2024 BOARD ORDER THEN CIVIL PENALTIES WILL BE RECOMMENDED AT THE NEXT BOARD HEARING FROM THE DATE OF NONCOMPLIANCE. WHICH WOULD PUT

THAT AT OCTOBER 5, 2024. >> ANY QUESTIONS FOR MR. MARSH? THANK YOU, MR. MARSH. AT THIS TIME I'LL OPEN THE PUBLIC HEARING ON CASE NUMBER 22-0027 91. ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE

RECORD. >> MY NAME IS THOMAS W. CHOTE.

I REPRESENT THE HOMEOWNER'S ASSOCIATION OF THE SUBDIVISION.

STAFF RECOMMENDATION SURPRISES ME A LITTLE BIT BECAUSE WE'RE JUST KICKING THE CAN DOWN THE ROAD. THIS STRUCTURE IS NOW COMPLETELY OPEN. THERE ARE NO GARAGE DOORS ON A DOUBLE CAR GARAGE AND A SINGLE CAR GARAGE. YOU CAN WALK RIGHT IN THERE AND RIGHT THERE IS THE DOOR TO THE INTERIOR OF THE HOUSE. IT IS NOT SECURED IN ANY WAY. THERE'S NO PERIMETER FENCE.

NOTHING TO KEEP ANYBODY OFF THAT PROPERTY. AS YOU SAW FROM THE PHOTOGRAPHS BY THE CITY, IT HAS GOTTEN WORSE, NOT BETTER SINCE YOUR LAST MEETING. THE POOL IS A PARTICULAR CONCERN BECAUSE IT IS EVEN MORE OBSCURED AT THIS POINT WITH WEEDS GROWING HIGHER AROUND IT. IT HAS MORE STAGNANT WATER.

PROBABLY ABOUT TWICE AS MUCH AS WHEN WE WERE HERE A MONTH AGO.

I DON'T SEE A PURPOSE IN GOING THROUGH THE WHOLE CHRONOLOGY OF THIS. LET ME REMIND YOU THIS HAS BEEN GOING ON FOR FOUR YEARS WITH A PRIOR OWNER, THEN SOMETHING CALLED SPEEDY SALE

[00:10:05]

ESTATES THAT BOUGHT THE PROPERTY AND THE NEXT DAY, THE VERY NEXT DAY THEY CONVEYED THIS PROPERTY TO 4474 LA HACIENDA TRUST. I CAN'T TELL YOU, I'VE DONE PRETTY DILIGENT SEARCH TO FIND OUT WHAT 4474 LA HACIENDA TRUST IS. I CAN'T FIND ANY RECORDS OF IT ANYWHERE. I WILL TELL YOU AND THE CITY MAY WANT TO INFORMATION, THAT WE HAVE FOUND BURIED IN AN ASSIGNMENT OF A DEED OF TRUST THERE WAS A PURCHASE FROM MR. HERSH THEN A VENDOR'S LIEN AND ANOTHER LIEN PUT ON THIS PROPERTY THEN THE PROPERTY CONVEYED TO LA HACIENDA AND THEN SOME TIME LATER THIS DEED OF TRUST WAS ASSIGNED. IN THE BODY OF THAT DOCUMENT SORT OF IN THE MIDDLE OF NOWHERE THERE IS AN IDENTIFICATION OF THE BORROWER, THE 4474 LA HACIENDA TRUST ASSUMED THE DEBT ON THIS PROPERTY AND BORROWED SOME MORE MONEY. THERE'S AN INDICATION IN THAT DEED OF TRUST THAT THAT BORROWER HAS AN ADDRESS OF 20240 OLD SORTERS ROAD, PORTER, TEXAS 77365. PORTER, TEXAS IS DOWN IN THE HARRIS COUNTY AREA. IT HAPPENS TO BE IN -- A YOUNG MAN, CAESAR YEPEZ APPEARED ASKING YOU TO LIFT THE CONDEMNATION SO THEY COULD GET A CLOSING DONE ON THIS HOUSE AND YOU DECLINED TO DO SO BUT THEY DID CLOSE IT ANYWAY SUBJECT TO THE PENDING CONDEMNATION. MR. YEPES APPEARS TO RESIDE AT 19471 DESNA DRIVE IN PORTER, TEXAS. THAT PROPERTY HAS TWO CONTINGENT PROPERTIES, THE 19471 ADDRESS AND THEN A SEPARATE ADDRESS WHICH IS ADJACENT TO IT THAT IS ALSO INVOLVED WITH MR. YEPES. THERE ARE NINE LIMITED LIABILITY COMPANY BUSINESSES THAT OPERATE OUT OF THAT ADDRESS. AND NONE OF THEM HAVE TO DO WITH A 4474 LA HACIENDA TRUST. I WILL ADD TO THE INFORMATION I GAVE YOU A MINUTE AGO THE DEED OF TRUST THAT WE HAVE REVIEWED ALSO IDENTIFIES NOT ONLY THAT ADDRESS BUT SOMEONE NAMED ROSE SWAN AS THE TRUSTEE OF THAT TRUST. I'VE GOTTEN THIS INFORMATION JUST RECENTLY AND I HAVE NOT TRIED TO CONNECT WITH ROSE SWAN BECAUSE I WANT TO HAVE THIS HEARING FIRST. OUR PROBLEM WITH THIS IS THAT AS I SAID, THINGS ARE GOING DOWN HILL. THEY'RE GETTING WORSE, NOT BETTER. AS MR. MARSH TESTIFIED, THEY'VE CONTACTED WHAT APPEARS TO BE AN INTERMEDIARY THIS GOLD STAR CONSTRUCTION WHO SAID WE'LL GET THE LOT MOWED AND THE TRASH CLEANED UP. NONE OF THAT'S BEEN DONE. I DON'T KNOW WHAT IT'S GOING TO TAKE TO FINALLY TAKE SOME ACTION AGAINST THIS.

IT'S TIME TO SERIOUSLY CONSIDER TELLING THEM THAT YOU'RE READY TO MOVE FORWARD WITH THE RIGHTS AND AUTHORITY YOU HAVE. IF THEY WANT TO PREVENT THAT ALL THEY HAVE TO DO IS START DOING WHAT THEY PROMISED TO DO. THEY WERE GIVEN -- THEY WERE ALLOWED BY THE HOMEOWNERS ASSOCIATION THE NINE MONTH PERIOD WITHIN THE HOMEOWNER'S ASSOCIATION DECLARATIONS AND RESTRICTIONS THAT IS ON FILE WITH THE COUNTY CLERK NINE MONTHS FROM SEPTEMBER OF 2023 TO FINISH THIS STRUCTURE. THAT HAS COME AND GONE AND THEY STILL HAVE A LOT TO DO. THEY COULDN'T GET IT DONE IN THREE MONTHS. I'M NOT A BUILDER. IT DOESN'T MATTER. THEY'RE INTO THEIR 13TH MONTH OF OWNING THIS PROPERTY. THEY HAVE NO WORKERS OUT THERE. THE WORKERS THAT WERE THERE IN THE PAST WALKED OFF IN MAY TELLING US THAT THEY HADN'T BEEN PAID. THE ABILENE POLICE DEPARTMENT HAS CONTACTED SOME OF THE NEIGHBORS TO PLEASE

[00:15:02]

KEEP A CAREFUL EYE BECAUSE THERE HAVE BEEN SOME THREATS OF VANDALISM AND THAT SORT OF STUFF FROM PEOPLE THAT HAVEN'T BEEN PAID. THERE ARE ATTRACTIVE NUISANCES OPEN AND AVAILABLE AND READY FOR SOME CHILD OR SOME CARELESS PERSON TO FALL IN AND HURT THEMSELVES. IT'S TIME TO TAKE SOME ACTION. THE STAFF RECOMMENDATION IS YOU GET BACK IN TOUCH WITH THEM AND COMMUNICATE ONE WAY AGAIN AND SAY WE'LL GIVE YOU 30 MORE DAYS AND THEY'VE DONE NOTHING. TO PAY WHAT THEY ALREADY OWE YOU, TO TAKE OUT NEW PERMITS, TO FINISH WHAT THEY'RE DOING.

IT'S TIME THAT YOUR ULTIMATE ACTION BE TAKEN AND THERE ARE REMEDIES THAT THEY CAN TAKE IF THEY'RE SERIOUS ABOUT SAVING THIS PROPERTY. FOR THE HOMEOWNERS, IT'S A DISASTER.

IT AFFECTS AND DEGRADES THE ENTIRE SUBDIVISION. IT LESSENS THE PROPERTY VALUES OF THE ENTIRE SUBDIVISION. THE WAY THIS SUBDIVISION IS CONSTRUCTED YOU CAN COME INTO IT OFF OLDHAM ONE OF TWO WAYS. BUT EITHER WAY IT GOES RIGHT BACK TO THIS EYESORE OF A HOUSE THAT NOBODY IS DOING ANYTHING ABOUT. WE WOULD URGE YOU TO TAKE THE ACTION YOU HAVE THE AUTHORITY TO TAKE AND YOU'VE GIVEN THEM EVERY CHANCE IN THE WORLD TO STEP FORWARD AND DO SOMETHING. THEY WON'T DO. THEY HAVEN'T DONE IT. THEY TELL YOU THINGS ON THE PHONE THEY DON'T INTEND TO DO AND DON'T DO. IT'S TIME TO MOVE FORWARD. IT'S TIME TO SET THE WHEELS IN MOTION AND SEE IF THEY WANT TO SAVE THIS HOUSE. I'M NOT SURE THEY DO. IF THERE ARE NIXY QUESTIONS I'LL BE GLAD TO TRY TO RESPOND TO THEM.

>> ANY QUESTIONS? >> THANK YOU.

>> THANK YOU. >> ANY OTHERS WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR

THE RECORD. >> GOOD MORNING. MY NAME IS MICHAEL MURPHY AND I LIVE IN VICERO RANCH. I'LL BE BRIEF BECAUSE MR. CHOTE DID A GREAT JOB OF INSPECTING. THE BRIEF HISTORY OF THIS FOUR YEAR NIGHTMARE WE'VE ALL BEEN LIVING. I LOOK FROM THE NORTH ONE OF THE VIEWS I LOOK OUT ACROSS CROSS. THAT HAVE AN EVEN WORSE VIEW OF IT. THERE'S NO WAY OF COMING INTO THE NEIGHBORHOOD AND NOT SEEING THIS EYESORE. I WANT TO THANK YOU FOR WHAT YOU DID A YEAR AGO. WE'VE BEEN AT THIS FOR FOUR YEARS. A YEAR AGO WITH SOME PRESSURE FROM YOU WE PUT SOME PRESSURE ON AND GOT MR. HERSCH TO SELL THE HOME. OUR HOPE WOULD BE THAT ANY NEW OWNER THAT PAID FOR THAT WOULD PUT SOME MONEY INTO IT. IT'S CLEAR THAT THERE'S BEEN SOME DECEPTION, A LOT OF DECEPTION.

THREE OR FOUR DIFFERENT NAMES THE SPEEDY WE COVERER AND BACK FLIP LLC AND ALL OF THE SHENANIGANS THEY DO IS A BIG SHELL GAME TO PREVENT US FROM FINDING OUT WHO OWNS IT. I WOULD URGE YOU TO USE YOUR RESOURCES TO HELP US TO DRILL DOWN. WE CAN'T JUST -- SOME OF THESE LEGAL ADDRESSES HAVE FOR A MAILING ADDRESS 4474 LA HACIENDA, WELL THERE'S NO MAILBOX THERE. NO MAIL GETS DELIVERED TO THIS VACANT LOT WITH A HALF BUILT HOUSE ON IT. SO WE NEED YOUR HELP. WE NEED YOUR RESOURCES. WE NEED SOME REAL DEFINITIVE ACTION.

POTENTIALLY RAZE THIS HOME IF IT'S NOT GOING TO GET REPAIRED. BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS FOR MR. MURPHY? THANK YOU.

>> THANK YOU. >> ANY OTHERS WISHING TO SPEAK?

>> I'LL SPEAK INTO THE MICROPHONE THIS TIME. I'M HARRY HURT. DR. HARRY HURT. RESEARCHER. BRAVO TO OUR COUNCILOR. HE'S A SHINING EXAMPLE OF WHERE I BECAME AN ENGINEER AND NOT A LAWYER. I CAN'T BE AS ELOQUENT AS HE IS.

I REPRESENT THE 33 LOTS AND THE PEOPLE WHO LIVE IN THEM. IT'S JUST AN OUTRAGE. IT JUST -- JUST KIND OF CONTINUE. REALLY,

[00:20:04]

REALLY NEED YOUR HELP HERE. I'VE LOOKED INTO -- I KNOW IT'S BEEN GOING ON FOR FOUR YEARS. THE REAL NEXUS WAS 12 MONTHS AGO WHEN THIS WAS SOLD TO THE DARK SIDE, ESSENTIALLY.

ALL STUFF LIKE THAT. I'VE DONE A LOT OF RESEARCH ON THIS STUFF AND THERE'S A WHOLE INDUSTRY OF BUILDING IMPENETRABLE LLCS, SHADY LAUNDERED MONEY, THINGS LIKE THAT TO DO THIS SORT OF STUFF. THEY HAVE REASONS WE CANNOT BEGIN TO DECIPHER.

BORROWED A LOT OF MONEY AND THEN WALKED AWAY NOT SPENDING MUCH OF IT. I DON'T KNOW WHY. I CAN'T ANSWER THAT. THE RESULTS ARE OBVIOUS. THEY DIDN'T PAY THEIR WORKERS.

HOUSE IS ABANDONED. IT'S TIME FOR IT TO GO. WENT TO THE TAX OFFICE. THEY HAVEN'T PAID THEIR '23 TAXES. ASSESSOR IS IN THE SAME POSITION WE ARE. NO ADDRESS. OWED $24,000 IN ATTORNEY FEES. HAVE NO IDEA HOW TO GET AHOLD OF THEM. THIS IS A RECURRING THEME. I FEEL LIKE SOMEONE ABANDONED A CAR OUTSIDE THE FRONT OF MY HOUSE LEAKING TRANSMISSION FLUID AND OIL AND HAS WALKED OFF. I'D LIKE TO HAVE THAT CAR TOWED. ANY

QUESTIONS? >> ANY QUESTIONS.

>> THANK YOU, SIR. ANY OTHERS WISHING TO SPEAK TO THIS CASE? PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING ON CASE 22-002791. OPEN THE FLOOR FOR DISCUSSION. MR. MARSH, COULD YOU TELL US WHY THE RECOMMENDATION IS THAT WE DON'T TAKE ANY ACTION FOR 30 DAYS?

>> UM, THE OWNER WON'T BE OUT OF COMPLIANCE UNTIL OCTOBER 5TH. SO WE COULDN'T RECOMMEND CIVIL PENALTIES AT THIS HEARING

BUT WE WILL AT THE NEXT. >> OKAY. I HAVE TO AGREE WE HAVE GIVEN THIS ENTITY AMPLE TIME TO SHOW GOOD FAITH THAT THEY'RE INTERESTED IN PROSECUTING THIS JOB TO COMPLETION. I THINK WE HAVE AMPLE EVIDENCE THAT THEY'RE KIND OF IGNORING US. I DO THINK THE THREAT OF THE SWIMMING POOL IS REAL. I CONFIRM THAT DAY BEFORE YESTERDAY. THE MOSQUITOES ARE REALLY, REALLY BAD OUT THERE. REALLY BAD. SO ONE OF THE THINGS WE CAN DO IS TO FORCE THEM TO FILL THAT THING IN. ALL THE DIRT TO DO IT IS RIGHT THERE BESIDE IT. I THINK IF THEY DON'T DO IT IN TEN DAYS THE CITY NEEDS -- WE NEED TO HAVE AN EMERGENCY DECLARATION FROM THIS BOARD THAT THE CITY GO DO IT. THEY CAN DO IT IN AN HOUR WITH A FRONT END LOADER. ALL THE DIRT'S RIGHT THERE BESIDE IT.

AT LEAST MITIGATE THAT RISK. I DON'T KNOW WHAT THE BOARD THINKS. THEY CAN FILL THAT IN. THEY'VE HAD AMPLE OPPORTUNITY TO DO SOME OF THIS STUFF. THAT'S MY COMMENT. I DON'T KNOW WHAT THE BOARD THINKS. I'D BE INTERESTED TO HEAR.

>> JUST TO -- I JUST WANT TO CLARIFY OR ADD TO WHAT MR. MARSH SAID. CIVIL PENALTIES IF THERE'S NOT A NEW ORDER THE ORDER FROM THE LAST BOARD MEETING WOULD STILL BE IN EFFECT AND THE BOARD THEN WOULD BE ABLE TO ASSESS CIVIL PENALTIES FOR EVERY DAY STARTING OCTOBER 5TH UNTIL THE NEXT BOARD MEETING. AND SO THAT'S REALLY THE GOAL IS TO -- THE STAFF WANTS TO RECOMMEND CIVIL PENALTIES BUT THEY'RE NOT OUT OF COMPLIANCE WITH THE LAST BOARD ORDER UNTIL THE OCTOBER DATE. SO IT WOULD BE FROM THAT DATE. IF THAT'S WHAT THE BOARD WANTS TO DO. BUT I JUST WANTED TO MAKE SURE YOU

[00:25:09]

UNDERSTOOD THAT. >> SO OUR ORDER BEFORE WAS THAT THEY HAD TO REINSTATE THE PERMIT BY THE 2ND.

THEY DIDN'T DO THAT. WHY CAN'T WE INVOLVE CIVIL

PENALTIES NOW? >> BECAUSE IT -- WELL, IF YOU GO FROM THE DATE OF MAILING IT WOULD BE THE 5TH. I BELIEVE IS WHAT. AND THERE WOULDN'T BE ANY DAYS TO ASSESS. THEY HAD TILL OCTOBER 2ND TO GET IT DONE. SO THEY WERE NOT OUT OF COMPLIANCE UNTIL THE DAY OF THIS MEETING. SO YOU WOULD NOT EVEN HAVE A DAY TO ASSESS CIVIL PENALTIES.

>> OKAY. >> SO IT'S REALLY AFTER THE EXPIRATION OF THE DEADLINE THAT THEY WOULD BE OUT OF COMPLIANCE AND ABLE TO ASSESS CIVIL PENALTIES.

>> ANY OTHER DISCUSSION?

>> THEY HAVEN'T SPENT THE MONEY FOR PERMITS. THEY HAVEN'T DONE ANYTHING THEY WERE ASKED TO DO. I DON'T THINK THE CIVIL PENALTIES IS GOING TO DO ANY GOOD TO HURRY IT UP OR GET ANYTHING DONE. I THINK WE NEED TO TAKE MORE

SERIOUS ACTION ON IT. >> I AGREE WITH YOU. WHAT WAS IT $24,000 IN TAXES THEY OWE THEY HAVEN'T PAID. LOOKS LIKE THEY'RE NOT PLANNING ON DOING ANYTHING TO CLEAR UP THEIR INDEBTEDNESS OR MOVE FORWARD. I AGREE. IS THERE A MOTION?

>> I MOVE THAT WE DECLARE THE PROPERTY A HAZARDOUS NUISANCE.

LET ME JUST READ WHAT IT IS. >> I CAN DO IT.

>> OKAY. GO AHEAD. >> MOTION BY MR. ALLRED IN THAT IT IS A HAZARD. IS THERE A SECOND?

>> SECOND. >> SECOND BY MR. MCNEILL. ROLL

CALL PLEASE. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> ALSO MAKE A MOTION THAT THE OWNER IS ORDERED TO DEMOLISH OR APPEAL THE ORDER TO THE DISTRICT COURT WITHIN 30 DAYS

OR THE CITY MAY DEMOLISH. >> MOTION BY MR. ALLRED THAT THE OWNER IS ORDERED TO DEMOLISH R APPEAL THE ORDER TO DISTRICT COURT WITHIN 30 DAYS OR THE CITY MAY DEMOLISH.

>> SECOND. >> SECOND BY MR. MCNEILL. ROLL

CALL PLEASE. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> THANK YOU. NEXT CASE.

>> THANK YOU.

[B. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-003439: 1325 Pecan St (LT4, BLK B OF JOHN J. TOOMBS SUBDIVISION OF BLKS A, B, & C OF RINEY & HAYS SUBDIVISION OF LT 2, BLK 208, TAYLOR COUNTY, TEXAS), Owner: Flint, George K. & Sandra L.]

>>> THE NEXT CASE ON THE AGENDA IS CASE NUMBER 22-003439 LOCATED AT 1325 PECAN STREET. THE SEARCHES SHOWN BELOW ALL NOTICES HAVE BEEN SENT. WARRANTY DEED. RAUL LOPEZ TO BE THE OWNER. GEORGE AND SANDRA FLINT TO BE THE OWNERS. UTILITY RECORDS SHOW THEY'VE BEEN INACTIVE SINCE JANUARY 13TH OF 2023 AND THE SEARCH REVEALS RAUL LOPEZ TO BE THE OWNER.

[00:30:01]

THIS IS THE PUBLIC NOTICE THAT WAS POSTED. THIS IS THE FRONT WEST SIDE. THE REAR EAST SIDE. THE NORTH SIDE. AND THE SOUTH SIDE. THESE ARE THE SUBSTANDARD CODE VIOLATIONS THAT WERE FOUND. INADEQUATE SANITATION, STRUCTURAL HAZARDS. FAULTY WEATHER PROTECTION. SOME EXAMPLES OF THE EXTERIOR DILAPIDATION. SOME OF THE INADEQUATE SANITATION INSIDE.

ADDITIONAL INADEQUATE SANITATION AND FIRE DAMAGE.

SOME ELECTRICAL HAZARDS. MECHANICAL HAZARD. THE TIMELINE OF EVENTS. NOVEMBER 26, 2022 THERE WAS A STRUCTURE FIRE. THE FIRE DEPARTMENT ESTIMATED THE DAMAGE AT $10,000. DECEMBER 8TH OF 22 THE AFFIDAVIT OF CONDEMNATION WAS RECORDED. THE OWNER SECURED THE PROPERTY. ALL THE DAMAGE WAS CONTAINED TO THE OTHER SIDE OF THE STRUCTURE WHICH IS BEHIND A LOCKED FENCE.

MAY 15TH OF '24 THE CONDEMNATION NOTICE WERE SENT TO THE PROPERTY OWNERS. JUETH OF '24 WE BEGAN TO NOTICE THE PROPERTY WAS BEING NEGLECTED AND THE GRASS HAD BECOME A FIRE HAZARD. WE STARTED ISSUING CRIMINAL COMPLAINTS FOR THE GRASS AND THE CUE ACCUMULATION. WE ATTEMPTED TO CONTACT THEM BY PHONE AND THROUGH THE NEIGHBOR WHO HAD CONTACT WITH THEM SO THEY'D PROVIDE US A PLAN OF ACTION. AUGUST 21ST OF '24 WE SERVED A CODE INSPECTION WARRANT TO GET A FULL LOOK INSIDE OF THE STRUCTURE. SEPTEMBER 10TH THE NOTICE OF TODAY'S HEARING WAS POSTED. SEPTEMBER 11TH THE NOTICE OF TODAY'S HEARING WAS SENT TO THE PROPERTY OWNERS. SEPTEMBER 25TH THE PROPERTY CHANGED OWNERSHIP. THAT OWNER IS HERE TODAY TO SPEAK TO THE PROPERTY. SEPTEMBER 30TH BASICALLY PHONE CALL WITH THE OWNER TO EXPLAIN THE PLAN OF ACTION PROCESS TOOK PLACE. STAFF RECOMMENDATION IS TO ORDER THE OWNER TO REPAIR, 30 DAYS TO PROVIDE A PLAN OF ACTION INCLUDING A TIME FRAME TO REPAIR AND COST ESTIMATES AND OBTAIN ALL PERMITS. IF THIS IS DONE, 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS. IF THIS IS DONE ALL COMPLETIONS SHALL BE INSPECTED BY THE EXPIRATION

OF ALL PERMITS. >> ANY QUESTIONS FOR MR. MARSH?

>> WHAT ABOUT THE -- HOW LONG HAS THE NEW OWNER OWNED THE

HOUSE? >> SINCE THE 25TH OF SEPTEMBER

IS WHEN THE DEED WAS RECORDED. >> THANK YOU.

>> HE'S HERE TODAY. IFEEL CONFIDENT HE CAN HANDLE THE

REPAIR WORK. >> THANK YOU.

>> ANY OTHER QUESTIONS FOR MR. MARSH? THANK YOU, MR. MARSH.

I'LL OPEN THE PUBLIC HEARING ON CASE 22-003439. ANYONE WISHING TO SPEAK TO THIS CASE STEP FORWARD AND STATE YOUR

NAME FOR THE RECORD. >> MORNING. HOW Y'ALL DOING? ROEL LOPEZ. I JUST PURCHASED THE PROPERTY. I'VE ALREADY CLEANED THE FRONT YARD. THE FRONT, THE FENCE LINE ALONGSIDE, ALL THE TREES, ALL THE BUSHES. CLEANED UP, MOWED THE YARD. I'VE JUST GOT TO -- IT'S GOING TO TAKE MORE THAN 30 DAYS. I'M DOING IT BY MYSELF, THE EXTERIOR AND THE INTERIOR. YOU SAW WHAT IT WAS. IT'S GOING TO TAKE MORE THAN ONE PERSON AND I'M DOING IT ALL MYSELF. I WORK NIGHTS. BUT I'M GOING TO NEED A LITTLE MORE TIME THAN 30 DAYS TO GET IT ALL CLEARED OUT. I WORK NIGHTS AND WEEKENDS. I GOT ONE DAY OFF. IF YOU GIVE ME SOME TIME I CAN GET IT TAKEN CARE. I GOT PICTURES ARE I JUST DID THE FRONT. YOU GOT ANY WAY I CAN

SHOW THEM THIS? >> NO.

>> I CAN PASS IT AROUND. WOULD Y'ALL LIKE TO SEE?

>> YOU CAN JUST SPEAK TO IT. JUST SPEAK TO IT, THAT'LL BE

FINE. >> OKAY. WELL I'VE ADDRESSED.

I HAVEN'T HAD THE PROPERTY SINCE FRIDAY OR ACTUALLY MONDAY WHEN I GOT THE KEYS TO THE PROPERTY. I'VE GOT ALL THE GATES AND EVERYTHING CLOSED. LOCKED. NOBODY CAN GET ACCESS TO IT IT'S SECURED. ALL THE WINDOWS, EVERYTHING'S CLOSED.

I'M GOING TO GET IT DONE. I JUST NEED SOME TIME. MORE THAN

30 DAYS. >> YOU HAVE MORE THAN 30 DAYS.

YOU JUST HAVE 30 DAYS TO PROVIDE A PLAN OF ACTION.

>> OKAY, WELL. >> AND A TIME FRAME FOR REPAIR.

>> LIKE I SAID, I GOT TO CLEAN EVERYTHING OUT IN ORDER FOR THE CONTRACTORS TO GET IN THERE AND ACTUALLY GIVE ME AN ACTUAL

CORRECT ESTIMATE. >> YEAH.

>> IT WILL BE TAKEN CARE OF. >> OKAY. GOOD. ANY QUESTIONS

[00:35:08]

FROM THE BOARD? THANK YOU, SIR. >> YES, SIR. THANK Y'ALL.

>> ANY OTHER WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING ON CASE 22-003439 AND OPEN THE

FLOOR FOR DISCUSSION OR MOTION. >> I MOVE TO ACCEPT THE STAFF

RECOMMENDATION. >> SECOND AND MOTION.

>> MOTION BY MR. TURNER. SECOND BY MR. ALLRED THAT THE OWNER IS ORDERED TO REPAIR. 30 DAYS TO PROVIDE A PLAN OF ACTION INCLUDING A TIME FRAME FOR REPAIR AND COST ESTIMATES AND OBTAIN ALL PERMITS. IF THIS IS DONE, 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS AND IF THAT IS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL PERMITS. ROLL

CALL PLEASE. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> NEXT CASE, PLEASE.

>> GOOD MORNING, BOARD. PROPERTY MAINTENANCE INSPECTOR.

I'LL BE PRESENTING THE REST OF THE CASES. WE DID PULL 850 VINE STREET WHICH IS CASE 23-002935. WE GOT SOME POSITIVE DEVELOPMENTS ON THAT ONE SO WE'RE GOING TO PULL IT FROM THE AGENDA TODAY. THE NEXT CASE WILL BE CASE NUMBER 24-000052 AT 300 WALL STREET. CHECKLIST FOR RECORDS SEARCH, COUNTY RECORDS SHOW SPECIAL WARRANTY DEED NAMING 300 WALL STREET LLC AS THE OWNER. TAYLOR COUNTY SHOWS 300 WALL STREET LLC TO BE THE OWNER. LLC WITHDRAWN ON MAY 9TH OF 2011. TAX RECORDS ARE NOT APPLICABLE. YOU TILLTY RECORDS HAVE BEEN INACTIVE SINCE 2012 AND THE SEARCH REVEALS 300 WALL STREET. TEST TEST EVERY TIME WE RUN THE MODELS SHOWING A THUNDERSTORM IN THE MORNING, A BREAK, CHARGE THE ATMOSPHERE, A THUNDERSTORM IN THE AFTERNOON. AND FOR YOUR FRIDAY GET AWAY, THAT COULD BE BUSIER. MORE PROBLEMATIC FOR AFTERNOON AND EARLY EVENING AFTER IT REVEALED IT KILLED A HEZBOLLAH COMMANDER IN LEBANON. IT'S NOT CLEAR HOW THIS WILL AFFECT A CEASE FIRE DEAL IN THE WAR. ISRAEL HAD VOWED TO KILL THE HAMAS LEADER FOLLOWING THE OCTOBER7TH ATTACK WHICH KILLED

ABOUT 1200 AND RESULTED IN 250 >> JUST AS REAL ESTATE TAXES ARE LOWER BY $160 MILLION FOR THE FIRST SIX MONTHS.

>> THE MTA'S CHIEF FINANCIAL OFFICER. AN ORGANIZATION STILL REELING FROM GOVERNOR HOBBING'S DECISION TO PULL THE RUG OUT FROM UNDER IAND IT'S HA TO PUT THAT GENIE BACK IN THE

BOTTLE. WE HAVE TO DO IT. >> LEEBER INSISTS HE'S NOT LOOKING AT SERVICE CUTS TO DEAL WITH THE DEFICIT.

>> WE'RE GOING TO DO EVERYTHING TO MAKE SRE WE DN'T HAVE TO CUCONGESTION PRICING HAS ALREADY BROUGHT SURVEILLANCE CUTS. FEWER EXPRESS BUSES AND NO NEW SUBWAY CARS.

>> WE'RE GOING TO BE STUCK WITH OLD CARS THAT ARE HOT IN THE SUMMER. SOME OF THE CARS ON THE LONG ISLAND RIVER AND METRO

>>> WELCOME BACK IN YOUR MONEY WATCH, AS EXPECTED THE FEDERAL RESERVE ANNOUNCED ON WEDNESAY THAT INTEREST RATES WILL GO ÚUN ANALYSTS ARE SIGNALING A CUT COULD BE ON THE HORIZON AS SOON

AS NEXT MO% >>> THIS INFRASTRUCTURE PROJECT IS PART OF A $2.64 BILLION ALLEVIATE FLOODING IN SUTHEAST

QUEENS. >>> PUSH TO RESTORE OYTERS.

CBS NEWS NEW YORK WAS ON HAND IN QUEENSWHILE ABOUT 50,000

>>> GOOD MORNING. IT IS 8:25 ON CHRIS WRAGGE. LOW WILL HAVE YOUR FORECAST IN A MOMENT. THE ALEGED MASTER MIND BEHIND 9/11 TAKING A PLEA DEAL ALONG WITH TWO ALLEGED ACCOMPLICES.

ALTHOUGH

>>> LOVE IT. >> OH, HEY.

>> NEW YORK CITY HOME TO MORE THAN EIGHT MILLION PEOPLE DOES

GET CROWDED SOMETIMES. >> SOME AREAS MORE THAN OTHERS.

A DOCTORAL STUDENT AT CORNELL UIVERSITY HIT THE CITY STREETS

>>> FORMER PRESIDENT TRUMP FACING FALLOUT OVER FALSELY ATTACKING KAMALA HARRIS OER HER RACE. HARRIS LATER ADDRESSING THE COMMENT SAYING QUOTE THE DIVISIVENESS AND THE DISRESPECT AND ET ME JUST SAY THE AMERICAN PEOPL

>>> NOW TO BREAKING NEWS I MENTIONED A FEW MOMENTS AGO. A PRISONER SWAP WITH RUSSIA WILL INCLUDE THE RELEASE OF U.S.

JOURNALIST EVAN GERSHKOVIC AND MARINE VETERAN PAUL WHALEN.

GERSHKOVICH WS SENTENCED TO 16 YEARS FOLL

>>> WELCOME BACK. HAZY, HOT AND HUMID ONCE AGAIN TODAY. IT'S GOING TO BE HOT AND DEFINITELY GOING O BE HUMID TO KICK OFF YOUR THURSDAY. POLICE WARNING ABOUT CAMOFLAGE CAMERAS HIDDEN IN THE SHRUBBERY OUTSIDE

>> GOOD MORNING. IT IS 8:53 ON THIS THURSDAY, AUGUST1ST. WE'RE MIUTES AWAY FROM HANDING THINGS OVER TO CINDY HSU FOR CBS 2 NES AT 9:00 A.M. ON CBS NEWS NEW YORK. A QUICK CHECK ON SOME OF THE DAY'S TOP STORIES. BREATO BE LLC TO BETHE OWNER. THIS IS THE PUBLIC NOTICE THAT WA POSTED. THIS IS THE FRONT EAST SIDE.

REAR WEST SIDE. THE NORTH SIDE. AND THE SOUTH SIDE. HERE'S A VIEW FROM UPTOP TO SHOW THIS THIS IS THREE SEPARATE ADDRESSES BUT ALL OWNED BY THE SAME OWNERS. SO 300 WALL STREET IS THE BIG BUILDING THAT IS THERE AND THE OTHER TWO WERE THE SMALLER BUILDING THAT ARE CONNECTED JUST TO THE SOUTH OF THAT. THIS PROPERTY IS COMPLETELY WIDE OPEN. YOU CAN DRIVE RIGHT UP INTO IT. BROKEN WINDOWS EVERYWHERE. STRUCTURE WAS BROKEN INTO AND UNSECURED. ACTIVITY TAKING PLACE WAS JUVENILES CAUGHT WITH FIREARMS. PROPERTY USED AS A HANGOUT FOR VAGRANTS AND DRUG USE AND PLENTY OF COPPER THEFT. WINDOWS, DOORS AND FENCE FOUND TO BE UNSECURED AND DAMAGED. MARCH 8TH OF '22 PROPERTY WAS SECURED BY A CITY CONTRACTOR. APRIL 19TH OF 22 PROPERTY WAS CLEANED UP AGAIN BY A CITY CONTRACTOR. JANUARY 22ND OF 23 AGAIN IT WAS MOWED BY THE CITY. AGAIN ON AUGUST 2ND OF '23.

[00:40:09]

AFFIDAVIT OF CONDEMNATION RECORDED AT THE COUNTY CLERK.

JANUARY 16TH OF '24 THE CONDEMNATION NOTICE AND 3060 WERE SENT TO THE PROPERTY OWNER. MARCH 8TH OF '24, DISCOVERED THERE HAVE BEEN 136 CALLS LOGGED BY APD FOR THIS PROPERTY. MARCH 11TH OF '24, SERVED AN ADMINISTRATIVE SEARCH WARRANT. DISCOVERED EXTENSIVE INTERIOR DAMAGE AND DANGEROUS CONDITIONS. ON APRIL 3RD OF '24 THE BOARD ORDERED A 3060.

HAVEN'T HEARD ANYTHING FROM THE OWNER. AUGUST 22ND OF '24 THE PROPERTY WAS MOWED BY THE CITY. SEPTEMBER 3RD OF '24, INFORMED BY TAYLOR COUNTY APPRAISAL DISTRICT THIS PROPERTY WAS ORIGINALLY SCHEDULED FOR THE TAX AUCTION BUT WAS RESCHEDULED FOR DECEMBER '24 TAX AUCTION.

SEPTEMBER 10TH, NOTICE OF OCTOBER HEARING WAS POSTED ON THE STRUCTURE. SEPTEMBER 11TH, NOTICE OF OCTOBER HEARING SENT TO THE PROPERTY OWNER. SEPTEMBER 11TH, INSPECTED THE PROPERTY, FOUND THE EXTERIOR TO STILL BE IN SUBSTANDARD CONDITION. OBSERVED MANY BROKEN WINDOWS, BROKEN DOORS, OPEN DOORS, OPEN ROLL UP DOORS, VANDALISM AND GROUNDS UNMAINTAINED EXCEPT FOR THE PORTION THAT HAVE BEEN MAINTAINED BY THE CITY. STAFF RECOMMENDATION IS FOR ORDER -- OWNER IS ORDERED TO PAY CIVIL PENALTIES FOR NONCOMPLIANCE OF THE BOARD'S ORDER ON APRIL 23RD OF '24 IN THE AMOUNT OF $500 PER DAY FROM THE DATE OF NONCOMPLIANCE BEING MAY 5, 2024 THROUGH OCTOBER 1ST, 2024 WHICH IS A TOTAL OF 149 DAYS. TOTAL CIVIL PENALTIES TO BE ASSESSED IS $74,500.

>> ANY QUESTIONS, MR. WYATT? >> HAVE YOU EVER BEEN ABLE TO HAVE CONVERSATIONS WITH THE OWNER?

>> I DON'T BELIEVE SO. >> NO COMMUNICATION OF ANY

VARIETY EVER? >> NO.

>> WHO IS THE OWNER? >> IT'S AN LLC OUT OF

CALIFORNIA. >> YOU GETTING A RESPONSE, A SIGNED RESPONSE FROM THE REGISTERED LETTERS?

>> YES, SIR. THE REGISTERED NOTICE FOR THIS HEARING WAS RECEIVED BY THE LLC ON THE 16TH OF SEPTEMBER.

>> SOMEBODY SIGNED FOR IT? >> I JUST KNOW THAT IT IT WAS RECEIVED FROM THE USPS WEBSITE. I DIDN'T SEE THE ACTUAL CARD.

>> ANY QUESTIONS FOR MR. WRIGHT? THANK YOU, MR. WRIGHT.

>> JUST A MOMENT. WITH ALL OF THE THINGS THAT ARE GOING ON OUT THERE, WHY DO WE THINK THAT THE CIVIL PENALTIES WILL ENTICE THEM TO DO SOMETHING WHEN THEY HAVEN'T DONE ANYTHING WITH

BEFORE? >> ALL I CAN ANSWER IS THAT IT'S A PROCESS WE'RE TRYING TO GO THROUGH. AFTERNOON HOPE

THAT IT GETS THEIR ATTENTION. >> THANK YOU, MR. WRIGHT.

>> WELL, IT IS SOMEWHAT OF A POLICY DECISION. IT'S UP TO YOU, BUT I THINK IN TALKING WITH THE STAFF. I THINK YOU'RE WANTING ME TO GIVE MORE EXPLANATION AS TO WHY WE'RE ASKING FOR CIVIL PENALTIES OR WHY THE STAFF IS ASKING. SO WHAT WE BELIEVE IS THAT THESE ARE -- I MEAN YOU CAN -- I THINK YOU'RE IN A BETTER POSITION TO EXPLAIN WHAT YOU BELIEVE IS HAPPENING. BECAUSE IT'S A, YOU KNOW, IT'S A HUNCH AS TO OUT OF STATE OWNERS ARE USING THIS PROPERTY FOR.

>> LEVERAGE. >> YEAH. LEVERAGE. AND SO WE WANT TO BE ABLE TO TAKE AWAY THAT LEVERAGE AND FORCE THEM TO REPAIR THE PROPERTY. I MEAN, SO ASSESSING. WE HAVE TWO MORE CASES THAT ARE ON THIS AGENDA -- ONE MORE CASE WITH THE OTHER TWO PROPERTIES THAT ARE CONNECTED TO THAT AND THE STAFF WILL BE ASKING FOR CIVIL PENALTIES ON THOSE PROPERTIES AS WELL. BECAUSE WE WANT TO NOT MAKE IT EASY FOR PROPERTY OWNERS TO DO THIS IN ABILENE, TEXAS, ESSENTIALLY. AND USE PROPERTIES JUST AS INVESTMENT LEVERAGE WITHOUT MAINTAINING THEM. BUT FEEL FREE TO EXPAND ON THAT.

>> THAT WAS PERFECT. >> DO YOU HAVE A QUESTION?

>> DID I UNDERSTAND THESE PROPERTIES ARE GOING TO GO TO

THE TAX AUCTION IN DECEMBER? >> THAT'S WHAT WE'RE BEING TOLD AS THEY WILL BE ON THE DECEMBER TAX AUCTION.

[00:45:03]

>> SO THIS SHOULD GO AWAY AT THAT POINT THEN? PROBLEMS

SHOULD? IF SOMEBODY BUYS IT. >> WE HOPE SO. WE HOPE WHOEVER

[D. Case for Rehabilitation, Demolition, or Civil Penalties - Case #24-000052: 300 Wall St. (AUTOMATION INDUSTRIES, LOT 1-3 REP & STREET, ACRES 18.7561, TAYLOR COUNTY, TEXAS), Owner: 300 Wall St, LLC]

PURCHASES IT DOES SOMETHING WITH IT.

>> THANK YOU. AT THIS TIME I'LL OPEN THE PUBLIC HEARING ON CASE 22-000052. ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING ON CASE 24-000052. AND OPEN THE FLOOR FOR DISCUSSION OR A MOTION.

>> I HAVE A QUESTION. IF THIS GOES TO THE TAX AUCTION, WILL THE SUCCESSFUL BIDDER HAVE TO PAY THE $74,500 IN PENALTIES AS

TO RELEASE A LIEN ON IT? >> IT DEPENDS ON IF IT'S INCLUDED OR NOT WITHIN THE PRICE. OFTEN THE TAYLOR COUNTY WILL CONTACT US AND IF WE HAVE LIENED ON A PROPERTY ASK WHETHER THOSE SHOULD BE INCLUDED OR NOT INCLUDED.

>> THANK YOU.

>>>

>> I THINK THIS ENTITY AGAIN IS KIND OF THUMBED THEIR NOSE AT US. WE'VE BEEN TAKING CARE OF THIS PROPERTY AS A CITY FOR FIVE YEARS. I THINK THE CIVIL PENALTIES ARE A STATEMENT THAT NEEDS TO BE MADE. THOSE ARE MY COMMENTS. ANY OTHER DISCUSSION

OR MOTION? >> I MOVE WE ACCEPT THE STAFF

RECOMMENDATION. >> MOTION BY MR. TURNER THE OWNER IS ORDERED TO PAY CIVIL PENALTIES FOR NONCOMPLIANCE OF THE BOARD'S ORDER ON APRIL 3RD, 2024 IN THE AMOUNT OF $500 PER DAY FROM THE DATE OF NONCOMPLIANCE BEING MAY 5TH OF 2024 THROUGH OCTOBER 1ST 2024. WHICH IS A TOTAL OF 149 DAYS.

CIVIL PENALTIES TO BE ASSESSED IS $74,500. IS THERE A SECOND?

>> SECOND. >> SECOND. ROLL CALL, PLEASE.

SORRY. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

[Items E & F]

>> NEXT CASE. >> THE NEXT CASES WILL BE CASE NUMBER 24-000054 AND 000055 AT 5502 AND 5512 NORTH 1ST STREET.

THESE PROPERTIES ARE THE EXACT SAME AS THE PREVIOUS. THIS IS 300 WALL STREET. I'M GOING TO SKIP ALL THE UNNECESSARY.

AGAIN, WE'RE DEALING WITH THE ONE BUILDING YOU SEE AT THE SOUTH OF THE PICTURE WITH THE TWO DIFFERENT ADDRESSES.

SUBSTANDARD CODE VIOLATIONS ARE THE SAME. INADEQUATE SANITATION. STRUCTURAL HAZARD. NUISANCE. HAZARDOUS ELECTRICAL WIRING. HAZARDOUS PLUMBING. HAZARDOUS MECHANICAL EQUIPMENT AND FAULTY WEATHER PROTECTION. THIS IS SOME OF THE FLOODING THAT WE ENCOUNTERED WHEN WE WENT AT THIS PARTICULAR BUILDING. AGAIN, A LOT OF VANDALISM ON THIS BUILDING AS WELL. WE'LL SKIP THE FIRST VIDEO.

I'LL SHOW YOU THE SECOND ONE. THIS IS WHILE WE WERE THERE.

>> THEY DON'T WANT TO PLAY. >> DOESN'T WANT TO.

>> DOESN'T WANT TO PLAY. >> THE VIDEO JUST SHOWS QUITE A BIT OF RAIN COMING IN THROUGH THE ROOF IN HOLES THROUGHOUT

[00:50:01]

THE WHOLE BUILDING. THE TIMELINE IS THE EXACT SAME AS THE PREVIOUS. CITY HAS HAD TO MAINTAIN THIS BY MOWING IT MULTIPLE TIMES. THE STAFF RECOMMENDATION ON THIS ONE FOR THE FIRST AT 5502 NORTH 1ST OWNER IS ORDERED TO PAY CIVIL PENALTIES FOR NONCOMPLIANCE FROM THE BOARD'S ORDER IN THE AMOUNT OF $100 PER DAY FROM THE DATE OF NONCOMPLIANCE BEING MAY 5, '42 THROUGH OCTOBER 1ST WHICH IS A TOTAL OF 149 DAYS. TOTAL CIVIL PENALTIES TO BE ASSESSED IS $14,900. THEN THE OTHER CASE AT 5512 NORTH 1ST IS THE SAME ORDER. OWNER IS ORDERED TO PAY CIVIL PENALTIES FOR NON-COMPLIANCE OF THE BOARD'S ORDER ON APRIL 3, 2024 IN THE AMOUNT OF $100 PER DAY FROM THE DATE OF NONCOMPLIANCE BEING MAY 5TH, 2024 THROUGH OCTOBER 1ST, 2024 WHICH IS A TOTAL OF 149 DAYS. TOTAL CIVIL POTENTIALLIES TO BE ASSESSED IS $14,900.

>> ANY QUESTIONS? >> WHY DID YOU CHOOSE $100 PER DAY ON THIS BUILDING AND THE SAME DEAL AS THE OTHER ONE AND IT'S $500 ON THE OTHER ONE. I THINK THEY OUGHT TO BE THE

SAME. >> SIZE OF THE BUILDING.

>> IT WAS DECIDED BY THE SIZE OF THE BUILDING AND THE FACT IT WAS SPLIT INTO TWO SEPARATE ADDRESSES IN A SMALLER

BUILDING. >> ANY OTHER QUESTIONS? THANK YOU, MR. WRIGHT. AT THIS TIME I'LL OPEN A PUBLIC HEARING ON CASE 24-000054 AND 000055. ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD.

SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. CLOSING PUBLIC HEARING. OPEN THE FLOOR FOR DISCUSSION

OR MOTION. >> I MOVE WE GO WITH THE STAFF

RECOMMENDATION. >> MOTION BY MR. ALLRED ON CASE 000054 THE OWNER IS ORDERED TO PAY CIVIL PENALTIES FOR NONCOMPLIANCE OF THE BOARD'S ORDER ON APRIL 3RD, 2024 IN THE AMOUNT OF $100 PER DAY FROM THE DATE OF NONCOMPLIANCE BEING MAY 5TH, 2024 THROUGH OCTOBER 1ST OF 2024. WHICH IS A TOTAL OF 149 DAYS. TOTAL CIVIL PENALTIES TO BE ASSESSED IS $14,900.

IDENTICAL ON CASE NUMBER 24-000055.

>> I SECOND THE MOTION. >> SECOND BY MR. TURNER. ROLL

CALL PLEASE. >> MR. WYATT.

>> YES . >>

MOTION PASSES. >> NEXT CASE, MR. WRIGHT.

>> NEXT CASE WILL BE CASE NUMBER 24-000295. LOCATED AT 417 AMARILLO STREET. CHECKLIST FOR RECORDS SEARCH COUNTY RECORDS SHOW SPECIAL WARRANTY DEED NAMING DANIEL GARCIA ESPARZA AND DANIEL DAMRON . SECRETARY OF STATE SHOWS NO ENTITY. TAX RECORDS ARE NOT APPLICABLE. YOU TILLTY RECORDS HAVE BEEN INACTIVE SINCE OCTOBER 21, 2023 AND THE SEARCH REVEALS DANIEL GARCIA ESPARZA AND DANIEL DAMRON GARCIA JR. TO BE THE OWNERS. HERE'S THE PUBLIC NOTICE THAT WAS POSTED.

THIS IS THE FRONT WEST SIDE. THE REAR EAST SIDE. THE NORTH SIDE. THE SOUTH SIDE. INADEQUATE SANITATION.

[00:55:03]

STRUCTURAL HAZARD. NUISANCE. HAZARDOUS ELECTRICAL WIRING.

HAZARDOUS PLUMBING AND FAULTY WEATHER PROTECTION. HERE'S SOME OF THE HAZARDOUS EXTERIOR ELECTRICAL. EXTERIOR DELAPPATION AND FAULTY WEATHER PROTECTION. INTERIOR DELAPIDATION. THIS IS A SECONDARY STRUCTURE IN THE BACK OF THE PROPERTY THAT IS ALSO FALLING DOWN. TIMELINE AUGUST 22ND OF 2023 A STRUCTURE FIRE OCCURRED. DAMAGES WERE ESTIMATED AT $50,000. FEBRUARY 7TH OF 24, RECEIVED MULTIPLE COMPLAINTS FROM ADJACENT PROPERTY OF THE CONDITION OF THIS PROPERTY. AFTER THE HOUSE FIRE. PERFORMED AN INSPECTION AND DETERMINED THAT THE PROPERTY IS HAZARDOUS AND SHOULD BE CONDEMNED. IT HAS BEEN GUTTED AND THE FIRE DEBRIS A THAT THE POINT HAD BEEN PILED UP OUTSIDE OF THE HOUSE.

SEPTEMBER 8TH OF 24, AFFIDAVIT OF CONDEMNATION WAS FILED. SENT INITIAL NOTICE OF CONDEMNATION AND 30/60 LETTERS TO THE PROPERTY OWNER. MARCH 8TH OF 24, SPOKE WITH A GENTLEMAN IN THE PROS OF PURCHASING THE PROPERTY. THE CLOSING DATE WAS SCHEDULED FOR APRIL 5TH OF 24. ON APRIL 4TH OF 24, SPOKE WITH A NEIGHBOR OF THE RESIDENCE WHO ADVISED ME THE SALE WAS NOT GOING TO HAPPEN. I SPOKE WITH ADDITIONAL -- I SPOKE WITH THE INDIVIDUAL WHO WAS GOING TO BUY THE PROPERTY AND HE SAID THE OWNER BACKED OUT OF THE DEAL. APRIL 5TH OF 24 I WAS ABLE TO LOCATE ONE OF THE SONS OF THE OWNER WHO GAVE ME HIS FATHER'S PHONE NUMBER. I SPOKE WITH THE OWNER DANIEL ESPARZA AND ASKED HIS INTENTIONS FOR THE PROPERTY. HE WANTS TO RENOVATE IS. I EXPLAINED HE NEEDED TO OBTAIN PERMITS BUT HE WOULD HAVE TO SUBMIT A PLAN OF ACTION AND COST ESTIMATES BEFORE ANY WORK COULD BEGIN. I TOLD HIM HE NEEDED TO CLEAN THE PROPERTY IMMEDIATELY AND MAINTAIN THE PROPERTY AT ALL TIMES. HE TOLD ME HE WOULD WORK ON GETTING THE PROPERTY CLEANED UP BUT IT WOULD TAKE A WEEK OR SO. AS OF APRIL 22ND OF 24 NOTHING HAD BEEN DONE TO CLEAN UP THE PROPERTY SO I SENT IT OUT TO OUR CONTRACTORS FOR A BID FOR THE CLEANUP ABATEMENT. MAY 20TH OF 24, DUE TO BUDGET DELAYS THE ABATEMENT DIDN'T BEGIN UNTIL THAT DAY. CONTRACTORS STARTED THE ABATEMENT AND FINISHED ON MAY 23RD OF '24 WITH A COST OF $1,895. JUNE 25TH OF '24 SPOKE WITH JORGE LEWIS. HE'S HAVING A HARD TIME GETTING THE OWNERS TO COMPLETE THE PAPERWORK TO COMPLETE THE SALE. JULY 3RD OF 24, BOARD ORDERED A 20/60. OWNER BACKED OUT OF THE SALE TO JORGE. STILL NO CONTACT FROM THE OWNER. AUGUST 19TH OF 24 I WENT TO CHECK ON THE HOUSE SINCE I HAD FOUND A DOG CHAINED UP ON THE BACK PATIO THE WEEK PRIOR. I WAS FOLLOWING UP TO SEE IF IF THE DOG WAS STILL THERE. I OBSERVED A MALE SUBJECT INSIDE THE HOUSE. HE IDENTIFIED HIMSELF AS DANIEL GARCIA JR. THE MINOR OWNER OF THIS PROPERTY. HE TOLD ME IT WAS HIS DOG AND HE CURRENTLY HAD NOWHERE TO KEEP HIM. HE RECEIVED A NOTICE FROM ANIMAL OUTREACH REGARDING THE DOG BEING CHAINED UP ON THE BACK PATIO SO HE MOVED THE DOG INTO THE BACK BEDROOM OF THE HOUSE. THERE WAS A VEHICLE THAT WAS PARKED IN FRONT OF THE HOUSE AND HE TOLD ME THAT WAS HIS FATHER IN THE VEHICLE WHO IS THE OTHER OWNER. DANIEL GARCIA IS THE FATHER AND LISTED AS THE OTHER OWNER OF THE PROPERTY.

THEY WERE STILL TRYING TO SELL THE PROS AND THEY HAD A POTENTIAL BUYER. I ASKED WHY THEY BACKED OUT OF THE OTHER TWO DEALS AT THE LAST MOMENT AND HE SAID THEY WEREN'T GETTING PAID ENOUGH FOR THE PROPERTY. HE STATED HES 18 IN A FEW MONTHS AND THEY'D BE ABLE TO COMPLETE THE SALE AT THAT TIME. SEPTEMBER 4TH OF 24 BOARD ORDERED CASE TABLED TO GIVE OWNER TIME TO GET COURT DOCUMENT TO SELL PROPERTY DUE TO MINOR SON BEING LISTED ON THE DEED. SEPTEMBER 10TH OF 24, NOTICE WAS SENT TO THE OWNER. SEPTEMBER 11TH, NOTICE OF OCTOBER HEARING SENT TO THE PROPERTY OWNER. BEFORE I READ THE STAFF RECOMMENDATION I CAN SAY THAT THAT DOG IS STILL INSIDE THE HOUSE. I'VE SPOKEN WITH ANIMAL SERVICES REGARDING THAT. WE YOUR JUST THERE A FEW DAYS AGO AND THE DOG WAS INSIDE THE HOUSE. NOTHING ELSE HAS BEEN DONE. I DID SPEAK WITH JORGE LEWIS THAT IT WAS MENTIONED THE CURRENT LAST OWNER MIGHT STILL SELL TO HIM AND HE STATED HE'S HAD ZERO CONTACT WITH THE OWNER WHATSOEVER. HE'S TRIED TO REACH OUT SEVERAL TIMES WITH NO RESPONSE. SO AS FAR AS I WAS TOLD FROM JORGE LEWIS WHO WAS GOING TO BE A POTENTIAL BUYER HE IS NOT PURCHASING THIS PROPERTY. THE STAFF

[01:00:02]

RECOMMENDATION IS TO FIND THAT THE PROBLEM PROPERTY IS A PUBLIC NUISANCE AND IT'S A HAZARD TO THE PUBLIC AND REPAIR THE STRUCTURE OF THE STRUCTURE WOULD BE UNREASONABLE. ORDER THE OWNER IS ORDERED TO DEMOLISH OR APPEAL THE ORDER TO DISTRICT COURT WITHIN 30 DAYS OR THE CITY MAY DEMOLISH.

>> ANY QUESTIONS OF MR. WRIGHT? THANK YOU, MR. WRIGHT. AT THIS

[G. Case for Rehabilitation, Demolition, or Civil Penalties - Case #24-000295: 417 Amarillo St (BOULEVARD PARK, BLOCK 3, LOT 9, TAYLOR COUNTY, TEXAS), Owner: Esparza, Daniel Garcia & Garcia, Daniel Damron Jr.]

TIME I'LL OPEN THE PUBLIC HEARING ON CASE 24-000295.

ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND

STATE YOUR NAME FOR THE RECORD. >> DANIEL ESPARZA. I HAVE TALKED TO THE OWNER. I MEAN TO THE NEW OWNER THAT WANTS TO BUY IT. THAT WAS LAST THURSDAY. AND HE SAID AS SOON AS I GET THIS ALL TAKEN CARE OF LET HIM KNOW AND HE WILL BUY THE PROPERTY.

WE'RE GOING HALFS ON ALL THE CITATIONS THAT THEY GAVE ME. IT WAS THURSDAY WHEN I TALKED TO HIM. LUIS. AND HE SAID JUST GET IT ALL DONE AND GET YOUR SON TO SIGN THE PAPER AND IT'LL GET DONE. I DIDN'T KNOW I WAS SUPPOSED TO BE CUTTING THE YARD. I WAS LIVING FOR A LITTLE BIT WITH MY SON. SO I DIDN'T HAVE -- I DIDN'T HAVE NO WAY OF KNOWING WHAT WAS GOING ON THEN. ALL THAT PAPERWORK, I JUST WENT TO THE LIBRARY -- TO THE U.S. POSTAL AND ALL MY MAIL WAS THERE. I DIDN'T HAVE NO MAIL. I JUST GOT IT YESTERDAY. I DON'T KNOW NOTHING ABOUT THAT. I KNOW SOMEBODY'S BEEN GOING IN THE HOUSE AND I KNOW THE POLICE DEPARTMENT'S BEEN THERE A COUPLE OF TIMES. ME AND MY SON JUST WENT AND BLOCKED THE WINDOWS UP AGAIN. I DON'T KNOW. ALSO MY LAWYER SAID I CAME YESTERDAY BECAUSE I THOUGHT THE MEETING WAS YESTERDAY. I TALKED TO MR. ROB RIGHT HERE. HE SAID THAT -- NO I TOLD HIM MY LAWYER SAID HE WANTED A CONTINUANCE OR A RESET AND HE SAID HE COULDN'T DO IT, YOU KNOW, SO I'M HAVING TO TALK TO MY LAWYER AGAIN TO SEE WHAT WE CAN DO ABOUT THAT. AS FAR AS I KNOW HE'S WANTING TO BUY THE PROPERTY. IF I HAVE TO CLEAN THE YARD AND DO THAT I'LL

GO DO IT. THAT'S IT. >> WHAT'S THE STATUS OF YOUR SON'S OWNERSHIP IN THE PROPERTY?

>> 50/50. >> BUT I MEAN LEGALLY IS HE NOW

-- HE'S NO LONGER A MINOR? >> NO, HE'S STILL A MINOR. HE DON'T TURN 18 UNTIL THE 3RD OF -- 7TH. 3/7/07.

>> NO, MARCH. HE'S GOT FIVE MONTHS. ALL THEY TOLD ME THEY WANTED A JUDGE TO SIGN THAT PAPER. I DON'T KNOW WHY THAT IS. WE JUST CAN'T SELL THE PROPERTY UNTIL WHEN HE TURNS

18. >> SO YOU'RE LIVING WITH YOUR

SON? >> I WAS. NOW I'M LIVING BACK HERE IN ABILENE. I CAN TAKE CARE OF THE PROPERTY UNTIL WHEN HE TURNS 18 OR IF I CAN GET IT SOME OTHER WAY. I HAVE TALKED TO HIM AND HE SAID HE WOULD BUY IT.

>> SO WHAT PAPERS ARE LEFT TO SIGN TO MAKE THE SALE FINAL?

>> JUST I NEED THE JUDGE TO SIGN THE PAPER AND THAT'S WHAT MR. GALINDO IS WORKING ON, MY LAWYER. HE'S WORKING ON THAT.

HE SAID HE HAD IT ON HOLD FOR NOW. HE'S SUPPOSED TO BE HERE TODAY. I DON'T GUESS HE MADE IT.

>> ANY QUESTIONS? THANK YOU, MR. GARZA. ANY OTHERS WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING ON THE CASE 000-295 AND OPEN THE FLOOR FOR DISCUSSION OR A MOTION. PERHAPS THIS IS ONE WE MIGHT

[01:05:03]

TABLE TILL THE NEXT MEETING? SEE WHAT STATUS OF THE SALE IS? BEFORE WE FOLLOW THE STAFF RECOMMENDATION?

>> IT WAS MY UNDERSTANDING THERE WILL BE NO SALE UNTIL THE BOY TURNS 18 WHICH IS NEXT MARCH, IS THAT RIGHT?

>> YES. >> I DON'T SEE A REASON TO BRING IT UP NEXT MONTH IF THERE'S NOT GOING TO BE A SALE

UNTIL MARCH. >> WE'RE NOT SURE IT'S GOING

TO HAPPEN THEN. >> YEAH, WE'RE NOT. THE POTENTIAL BUYER HASN'T PUT A DEPOSIT DOWN ON THE PROPERTY.

HE'S GOT FIVE MONTHS TO CHANGE HIS MIND. MR. WRIGHT.

>> JUST SO THE BOARD KNOWS I DID SPEAK WITH WHO HE IS MENTIONING AS THE POTENTIAL BUYER YESTERDAY AND STRAIGHT FROM HIM CAME THERE HAS BEEN ZERO CONTACT WITH THE OWNERS.

AND THAT AT THE POINT WHEN THEY HAD A SALE SET UP PRIOR ACCORDING TO HIM THE TITLE COMPANY HAD EVERYTHING SET UP TO BE DONE, THE SON THERE IS A FORM HE HAS TO SIGN BUT IT DOES HAVE TO GO THROUGH THE COURT BUT THE SALE CAN OCCUR PRIOR TO HIS 18TH BIRTHDAY BUT IT HAS TO BE DONE THROUGH THE COURT THE PROPER WAY AND THE OWNERS HAVE NOT FOLLOWED THROUGH WITH THAT.

AND THE GENTLEMAN HE MENTIONS JORGE LUIS HE SAYS WILL BUY IS TELLING ME AS OF YESTERDAY HE IS NOT GOING TO BUY AND HE'S HAD ZERO CONTACT WITH THIS GENTLEMAN THE OWNER. THAT WAS

AS OF A PHONE CALL YESTERDAY. >> THANK YOU, MR. WRIGHT.

>> I MOVE WE GO WITH THE STAFF RECOMMENDATION.

>> MOTION BY MR. ALLRED THAT THE PROPERTY IS DECLARED A PUBLIC NUISANCE AND IS A HAZARD AND REPAIR OF THE STRUCTURE WOULD BE UNREASONABLE. IS THERE A SECOND?

>> I SECOND THE MOTION. >> SECOND MY MR. WYATT. ROLL

CALL. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> I ALSO MAKE A MOTION THE OWNER IS ORDERED TO DEMOLISHED OR APPEAL THE ORDER TO DISTRICT COURT WITHIN 30 DAYS OR THE

CITY MAY DEMOLISH. >> MOTION THAT THE OWNER IS ORDERED TO DEMOLISH OR APPEAL THE ORDER TO DISTRICT COURT WITHIN 30 DAYS OR THE CITY MAY DEMOLISH.

>> SECOND THE MOTION. >> SECOND BY MR. WYATT. ROLL

CALL. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> NEXT CASE, PLEASE. >> THE NEXT CASE WILL BE CASE NUMBER 24-000345. LOCATED AT 502 NORTH WILLIS. CHECKLIST FOR RECORD SEARCH. COUNTY RECORDS SHOW GENERAL WARRANTY DEED NAMING ADVANCE CAPITAL COMMERCIAL LLC TO BE THE OWNER.

ADVANCE CAPITAL LLC TO BE THE OWNER. SECRETARY OF STATE NO ENTITY LOCATED IN TEXAS. ALSO UNABLE TO LOCATE IN CALIFORNIA WHERE THE BUSINESS IS LOCATED. TAX RECORDS ARE NOT APPLICABLE.

UTILITY RECORDS HAVE BEEN INACTIVE SINCE JULY 29TH OF 2018 AND SEARCH REVEALS ADVANCE CAPITAL COMMERCIAL LLC TO BE THE OWNER. THIS IS THE PUBLIC NOTICE THAT WAS POSTED. THIS IS THE FRONT EAST SIDE. THE REAR WEST SIDE. THE NORTH SIDE. AND THE SOUTH SIDE. SUBSTANDARD CODE VIOLATIONS ARE INADEQUATE SANITATION. STRUCTURAL HAZARD. NUISANCE. HAZARDOUS ELECTRICAL WIRING. HAZARDOUS PLUMBING. HAZARDOUS MECHANICAL EQUIPMENT AND FAULTY WEATHER ROTECTION. HERE'S SOME OF THE EXTERIOR DELAPPATION FAULTY MECHANICAL. HAZARDOUS ELECTRICAL. THIS IS

[01:10:05]

ON THE FIRST FLOOR OF THE BUILDING WHERE THERE WAS A FIRE. QUITE A BIT OF VANDALISM AND AGAIN THEFT OF PRETTY MUCH ANYTHING WORTH VALUE. THIS IS THE ELEVATOR SHAFT.

>> AT THE PRIOR LEADING THE BOARD ORDERED THE INSECURE WINDOWS TO BE SECURED ALONG THE TOP OF THE BUILDING. THAT HAS BEEN DONE. THEY DID PUT SHEET METAL UP OVER MOST OF IT AND A COUPLE WINDOWS WITH BOARD. TIMELINE, MAY 1ST OF 2018 THERE WAS A STRUCTURE FIRE. ABILENE FIRE DEPARTMENT ESTIMATED DAMAGES AT 30,000. FEBRUARY 24TH OF 23, RECEIVED COMPLAINTS FOR A DILAPIDATED TRUCKTURE. CONTACTED THE OWNER. DID A COMPLETE INSPECTION. PLAN WAS TO REPAIR. SEPTEMBER 1ST OF 23, CASE OPENED FOR DILAPIDATED STRUCTURE. RECEIVED CITIZEN COMPLAINT. CITIZEN COMPLAINED OF VAGRANTS BREAKING IN OFTEN.

SEPTEMBER 14TH OF 23, INFORMED BY OWNER HE'S LOOKING TO SELL THE PROPERTY. NOVEMBER 2ND OF 23, OWNER SENT AN UPDATE THEY ARE STILL WORKING ON PROPERTY SALE AND THEY HAD A POTENTIAL BUYER. JANUARY 2ND OF 24, OWNER INFORMED US HE MAY HAVE A BUYER IN THE COMING WEEK BUT SAID THE NEXT UPDATE WOULDN'T BE FOR ANOTHER ONE TO TWO MONTHS. FEBRUARY 12TH OF 24, AFFIDAVIT OF CONDEMNATION WAS FILED AT THE COUNTY CLERK. FEBRUARY 28TH OF 24, RECEIVED A PHONE CALL FROM THE NEW PROPERTY OWNER EXPLAINED CONDEMNATION AND STEPS THAT NEED TO BE TAKEN TO REMOVE IT FROM CONDEMNATION. MARCH 4TH OF 24, NOTICE OF CONDEMNATION AND 30/60 WERE SENT TO THE NEW OWNER. MARCH OF 24, OWNER CALLED TO INQUIRE ABOUT DOING REPAIRS ON ONE FLOOR AT A TIME AND ALLOWING OCCUPANCY ON THE REPAIRED FLOOR WHILE OTHER FLOORS ARE UNDER REPAIR. OWNER WAS TOLD OCCUPANCY WOULD NOT BE ALLOWED UNTIL THE STRUCTURE IS REPAIRED. APRIL 15TH OF 24, INSPECTED THE PROPERTY. MET WITH OWNER OF NEIGHBORING BUSINESS. THERE'S STILL FALLING DEBRIS HAZARD COMING FROM THE BUILDING. THERE MAY STILL BE AN ON GOING ISSUE WITH STRAY GRANTS BREAKING IN. MAY 1ST OF 24, BOARD ORDERED 30 DAYS TO REPAIR WEATHER PROTECTION AND SECURE REPAIR THE LOOSE FALLING DEBRIS. 30 DAYS TO PROVIDE CONTRACTORS. OF COST AND OBTAIN ALL PERMITS.

AND IF THIS IS DONE 30 DAYS TO OBTAIN ROUGH IN INSPECTIONS AND IF THAT WAS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL PERMITS. AUGUST 7TH OF 24, BOARD ORDERED 30 DAYS TO SECURE THE BUILDING FROM FALLING DEBRIS AND REACH AN AGREEMENT WITH THE CITY FOR A PLAN OF ACTION TO PRESENT AT THE SEPTEMBER BOARD OF BUILDING STANDARDS HEARING. AUGUST 13TH OF 24, I OBSERVED A FOR SALE SIGN POSTED AT THE PROPERTY, CONFIRMED WITH THE REALTOR THE PROPERTY IS FOR SALE. CONTACTED ARCHITECT THAT THEY HAD HIRED FOR AN UPDATE AND WAS ADVISED BY HIM THEY NO LONGER NEEDED HIS SERVICES AND HE WAS FIRED. AUGUST 19TH OF 24, INFORMED OWNER THAT THE BOARD AGAIN ORDERED HIM TO HAVE THE BROKEN WINDOWS SECURED AND MADE SAFE BY THE NEXT MEETING IN SEPTEMBER. HE TOLD ME HE COULDN'T FIND ANYBODY TO DO THE WORK WITHIN THAT TIME FRAME. HE ADVISED ME HE WOULD BE COMING TO TOWN THAT WEEK AND HE WOULD BE WORKING ON TRYING TO GET THINGS TAKEN CARE OF. HE DIDN'T DISCLOSE TO ME THAT HE IS NO LONGER WORKING WITH THE ARCHITECT OR THAT HE HAD RELISTED THE PROPERTY FOR SALE. I ASKED HIM ABOUT THE ARCHITECT AND HE TOLD ME HE WOULD BE MEETING WITH HIM WHEN HE WAS IN TOWN. SEPTEMBER 4TH OF 24, IN PERSON DISCUSSION BETWEEN THE BUILDING OWNER, BUILDING OFFICIAL AND PMI OFFICER ON REPAIR OF FALLING DEBRIS. OWNER IS ACTIVELY WORKING ON SOLUTION TO REPAIRING THE BUILDING EXTERIOR AND UNDERSTANDS CITY WILL REPAIR IF HE DOES NOT. SEPTEMBER 9TH OF 24, FALLING DEBRIS HAZARD HAD BEEN REPAIRED BY THE OWNER. SEPTEMBER 10TH OF 24, NOTICE OF OCTOBER HEARING POSTED ON THE STRUCTURE.

[01:15:02]

SEPTEMBER 11TH OF 24, NOTICE OF OCTOBER HEARING SENT TO THE PROPERTY OWNER. STAFF RECOMMENDATION ORDER, 30 DAYS FOR OWNER IS TO REACH AN AGREEMENT WITH THE CITY FOR THE

PLAN OF ACTION. >> ANY QUESTIONS FOR MR.

WRIGHT? >> IF I SAW THAT RIGHT, THEY WERE GIVEN 30 DAYS THE LAST TIME WE MET AND THEY DIDN'T COMPLY WITH THAT, IS THAT RIGHT?

>> IT WAS CLOSE ON THE TIME FRAME AS FAR AS WHEN THEY GOT.

WINDOWS CLOSE. AS FAR AS I KNOW NOTHING ELSE. WE DID HAVE AN ARCHITECT ON THEIR BEHALF. HE'S SINCE BEEN FIRED. I'M NOT SURE WHAT'S GOING ON AT THAT POINT NOW.

>> ANY OTHER QUESTIONS FOR MR. WRIGHT.

>> THERE WAS A BUYER THAT CAME TO US SEVERAL MONTHS AGO THAT HE WANTED TO HAVE THE FIRST FLOOR RESTORED. I KNOW IT WAS SAID THE CITY WOULD NOT ALLOW THAT HAPPEN. WHAT HAPPENED TO

THAT BUYER? >> THAT IS WHO CURRENTLY OWNS IT. RERESIDES IN CALIFORNIA. THEY STILL OWN THAT. WE WILL NOT LIFT IT FROM CONDEMNATION UNTIL ALL NECESSARY REPAIRS HAVE BEEN MADE. THEY WILL NOT BE ABLE TO OCCUPY UNTIL IT'S

BEEN RELEASED. >> I JUST WONDERED IF HE WAS

STILL THE OWNER. >> HE IS STILL CURRENTLY THE OWNER WITH THE PROPERTY LISTED FOR SALE, YES.

[H. Case for Rehabilitation, Demolition, or Civil Penalties - Case #24-000345: 502 N. Willis St. (WESTWOOD PLAZA, BLOCK 1, LOT 101 REPLAT, ACRES 1.0553, TAYLOR COUNTY, TEXAS), Owner: Advance Capital LLC]

>> I'LL OPEN THE PUBLIC HEARING ON 23-00345. ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE

YOUR NAME FOR THE RECORD. >> GOOD MORNING. MY NAME IS JACK ODURO. I AM A COMMERCIAL REAL ESTATE PROFESSIONAL AND ALSO DEVELOPER WITH PROPERTY MANAGEMENT. I AM SPEAKING ON BEHALF OF MR. SAM LEE WHOM I'VE BEEN WORKING ON WITH FOR THIS PROJECT. IN EARLY JANUARY THIS PROPERTY WENT ON FOR AUCTION AND SO I WAS BIDDING ON IT AS WELL. SAM ENDED UP BEATING ME TO IT. HE HAD CALLED ME A FEW MONTHS LATER AFTER HE CLOSED IT AND WAS FLYING IN TO TOWN AND WANTED A PROFESSIONAL WHO COULD HELP HIM HERE LOCALLY. SO WE BEGAN CONVERSING ABOUT THE LONG TERM HIS PLANS ABOUT THIS PROJECT. SINCE ABOUT MARCH WE'VE BEEN MEETING AND TALKING ABOUT THIS PROPERTY. A FEW THINGS I WANTED TO ADDRESS IN REGARDS TO THE UPDATE WAS ONE REGARDING THE ARCHITECT. INITIALLY WE WERE WORKING OR SAM WAS WORKING WITH THE ARCHITECT BUT SUBSEQUENTLY ASKED HIM TO HOLD OFF BECAUSE OF THE COST THAT WAS BEING INCURRED. AS YOU KNOW WITH SOME PROFESSIONAL SERVICES EVEN IF YOU SNEEZE THERE'S $180 THAT COMES UP. AND WITHOUT REALLY A LOT OF WORK THAT HAD BEEN DONE, AND JUST LESS THAN A MONTH THERE WAS ABOUT A $4000 BILL. SO HE WANTED HIM TO HOLD OFF UNTIL A CONVERSATION BEFORE THEY WOULD KNOW WHERE TO GO FROM THERE. SO THAT'S ONE THING. SECOND THING I WANTED TO STATE IN THIS REGARD IS THE DIFFICULTY AS SOME -- YOU MAY UNDERSTAND IN TRYING TO DEVELOP A PROJECT THIS LARGE CLOSE TO 40,000 SQUARE FEET IS ONE YOU'RE DEALING WITH FINANCING.

AND USUALLY IN ORDER TO BE ABLE TO GET THE FINANCING YOU NEED THE BANKS ARE GOING TO LOOK AT OBVIOUSLY ALL LIENS THAT ARE ON IT. WITH IT BEING UNDER CONDEMNATION THAT MAKES IT REALLY DIFFICULT TO BE ABLE TO MOVE FORWARD WHEN IT COMES TO TRYING TO GET FINANCING FROM THE BANKS TO DO ANY PROJECT.

THAT'S WHY INITIALLY SAM ASKED FOR THERE TO BE A DIFFERENT PHASES OF WORKING ON IT TO SECURE IT FIRST WHICH HAS BEEN SECURED. TWO TO FINISH BOARDING IT UP AND ENSURING THE WINDOWS WERE NOT HAZARDOUS, WHICH HAS BEEN DONE. THREE, TO GET CLEANING ASBESTOS ABATEMENT AND ALL OF THAT. WE'VE GOTTEN PROFESSIONALS IN THERE TO GIVE US TESTING ON ASBESTOS AND HOW TO GET THAT CLEANED UP. AND WE'RE IN THE PROCESS, SAM IS

[01:20:03]

IN THE PROCESS OF GETTING A REVIEW BACK AS TO THE EXPENSE OF GETTING IT ALL CLEANED UP AND WE'VE DONE INITIAL CLEANING OF THE FIRST FLOOR AND ARE STILL WORKING ON IT.

FINALLY WE HAVE HAD TWO MEETINGS NOW ONE WITH THE MICHELLE PARISH AT THE COMMUNITY FOUNDATION, AS WELL AS GENE AND TANA AT THE HOUSING AUTHORITY. ONE OF THE THINGS THAT'S A BIT DISHEARTENING AND THE VISION PERSONALLY THAT I FEEL WOULD BE GREAT FOR A PROPERTY LIKE THIS IN ABILENE IS THERE'S A LOT OF UNAFFORDABLE HOUSING. LACK OF ACCESS TO AFFORDABLE HOUSING. REALLY GREAT PROJECT THAT COULD BE RENOVATED TO ALLOW HOUSING, AFFORDABLE HOUSING. WE'RE STILL ACTIVELY IN CONVERSATIONS WITH THE HOUSING AUTHORITY ABOUT WHAT IT WOULD LOOK LIKE TO BRING HUD ON BOARD WITH PERSONAL -- PRIVATE FINANCING TO INITIALLY START THE PROJECT ON DOING THE FIRST FLOOR AND THEN WORK ON THE SUBSEQUENT FLOORS. OBVIOUSLY WE WOULD -- SAM WOULD GUT IT, GET IT CLEANED UP AND THEN GET ELECTRICITY TO IT. THE ASK CURRENTLY IS THAT IT IS TAKEN OFF OF CONDEMNATION BECAUSE THAT ALLOWS US TO BE ABLE TO GET THE BANKS TO LOOK AT FINANCING IT AND THEN IT ALLOWS THE HOUSING AUTHORITY AND THE WEST TEXAS HOUSING COALITION TO ALSO PARTNER WITH US ON WHAT IT LOOKS LIKE TO GET HUD FUNDING IN ORDER TO BEGIN WORK ON TURNING IT INTO A MULTIFAMILY PROCESS. THAT'S A LITTLE BIT OF WHERE WE ARE ON THAT PROJECT. HAPPY TO ANSWER ANY

QUESTIONS. >> I APPRECIATE YOUR COMMENTS.

CERTAINLY APPRECIATE THE SITUATION YOU'RE IN. WHAT I WANT YOU TO REALIZE IS WE ARE CONCERNED ABOUT THE LENGTH OF TIME SINCE THE FIRE WHERE THERE HAS BEEN ZERO ACTION.

>> SURE. WHAT IT HAS DONE TO THE SURROUNDING NEIGHBORHOOD.

THE FACT YOU STILL REQUEST THAT IT BE TAKEN OFF CONDEMNATION TO HELP YOU WITH YOUR PROJECT, IT STILL VIOLATES ALL THE MINIMUM STANDARDS, CODE STANDARDS AFTER WE DO THAT. WE DON'T HAVE ANY AUTHORITY TO DO THAT IN THE FIRST PLACE. I THINK YOUR REQUEST FOR THAT IS GOING TO MEET WITH NEGATIVE COMMENTS.

THAT'S NOT MY PLACE TO SAY. THAT'S THE BUILDING OFFICIAL.

>> IF I MAY, I THINK IT SEEMS THE DIFFICULTY IS YOU CAN'T MOVE ON WORKING ON IT UNLESS BASICALLY THERE IS A PLAN TO WORK ON THE ENTIRE BUILDING. HOWEVER, WE COULD START ON THE FIRST FLOOR AND GET WHERE THE FIRE HAPPENED CLEANED UP AND GET STARTED WORKING ON IT BUT IT SEEMS WE'RE NOT BEING ALLOWED TO BE ABLE TO WORK ON THAT PORTION OF IT UNLESS THE ENTIRE BUILDING IS BEING WORKED ON AT THE GET GO. SO THE FIRE ISSUE COULD BE DEALT WITH, COULD BE CLEANED UP, THE FIRST FLOOR COULD BE DONE. AND THE WHOLE FIRE SITUATION COULD BE DEALT WITH AND THEN SUBSEQUENTLY MOVED TO FIXIG THE OTHER FLOORS. THAT WOULD BE AN IDEAL SITUATION IN THIS

CASE. >> STAFF RECOMMENDATION HERE.

>> APPRECIATE THE STAFF RECOMMENDATION. I STILL DO THINK 30 DAYS IS A PRETTY SHORT TIMELINE TO COME UP WITH AN ENTIRE PLAN. I THINK INITIALLY WE HAD -- SAM HAD SUBMITTED AN ESTIMATE FROM A CONSTRUCTION COMPANY ON WHAT IT WOULD COST TO DO MAJORITY OF THE WORK. SO AND PLEASE CORRECT ME IF I'M WRONG ON THAT. BUT I THINK THERE WAS AN ESTIMATE SUBMITTED FOR IT. SO WE WOULD NEED MORE THAN 30 DAYS TO BE ABLE TO FOR INSTANCE DECIDE ON ASBESTOS ABATEMENT, COMPLETE CLEANING AND GUTTING OF ALL THE ELECTRICAL, AS WELL AS THEN GETTING THE PLAN OF THE PHASES OF CONSTRUCTION THAT WOULD START IN THE BASEMENT. SO I THINK AT LEAST 60 DAYS TO COME UP WITH A FORMAL PLAN WOULD BE MORE IDEAL THAN 30 DAYS.

>> WELL I APPRECIATE THAT. WHAT WE'RE LOOKING AT IS THE TIME YOU'VE ALREADY HAD THAT NOTHING HAS BEEN DONE. ANYWAY.

[01:25:01]

>> SURE. >> ANY OTHER QUESTIONS?

>> SIR, I CERTAINLY APPRECIATE YOU BEING HERE. IS THIS BUILDING ALSO AS WE'RE SEEING ALL THIS STILL FOR SALE?

>> SO YES, SAM PUT IT ON THE MARKET INITIALLY. NOT INITIALLY, BUT DOWN THE ROAD WHEN HE SPOKE TO I THINK PAUL JOHNSON WHO HAD HAD IT FOR A WHILE. I BELIEVE HIS REASONING BEHIND IT WAS TO BETTER IT OUT WIDELY TO SEE ESPECIALLY BECAUSE HE PURCHASED IT BEFORE HE KNEW THERE WAS A NOTICE OF CONDEMNATION ON IT. WHEN HE FOUND THAT OUT HE WANTED TO PUT IT OUT THERE TO SEE IF THERE WERE POTENTIAL ADDITIONAL INVESTORS THAT WANTED TO COME ON TO DO THE PROJECT QUICKER.

>> IN THE BACKDROP OF ALL THESE PLANS THERE'S STILL A FOR SALE SIGN OUT FRONT FOR ANYONE TO BUY THE BUILDING AS IT IS.

>> CORRECT. >> THANK YOU.

>> THANK YOU. >> ANY OTHERS WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD. SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING ON CASE 24-000345 AND OPEN THE FLOOR FOR DISCUSSION OR MOTION.

YOU HAVE THE STAFF RECOMMENDATION BEFORE YOU. ALSO THE REQUEST HE HAS MADE FOR 60 DAYS.

>> MR. MARSH. >> WELL, I WENT BLANK ON WHAT I WAS GOING TO ASK YOU. HOW LONG HAS THE CURRENT OWNER OWNED

THIS PROPERTY? DO YOU KNOW? >> YES, WE DO. IT WAS BACK IN FEBRUARY OF THIS YEAR. FEBRUARY OF 24, CORRECT. AND JUST TO ELABORATE A LITTLE ON THE REPAIR WORK, IT HAS NEVADA NEVER BEEN TOLD THEY COULD NOT REPAIR ONE FLOOR AND MOVE TO THE NEXT FLOOR AND REPAIR THAT. IT DOESN'T ALL HAVE TO BE DONE AT THE SAME TIME. WE JUST EXPLAINED TO THEM IT WOULD NOT COME OUT OF CONDEMNATION UNTIL ALL REPAIRS WERE MADE AND THAT WE WOULD NOT ALLOW OCCUPANCY ON THE FIRST FLOOR ONCE THAT WAS DONE WHILE THEY WERE CONTINUING TO WORK. AS FAR AS THE PLAN THAT WAS TURNED IN, YES, THERE WAS SOME ESTIMATES THAT WERE TURNED IN BY THE ARCHITECT THAT HAD BEEN HIRED, BUT SINCE HE IS NO LONGER ON THE PROJECT AS FAR AS I'M AWARE, THAT KIND OF WENT TO THE SIDE BECAUSE HE WAS THE ONE THAT WAS HANDLING ALL OF THAT. I HAVEN'T BEEN GIVEN ANYTHING SINCE THAT ARCHITECT

WAS NO LONGER INVOLVED. . >> ANY OTHER QUESTIONS?

DISCUSSION? >> I THINK YOUR COMMENT ABOUT THE AMOUNT OF TIME THAT HAS PASSED IS ACCURATE. I WILL SAY THIS, SOMETHING OF THIS SIZE I COULD SEE HOW IT WOULD TAKE SEVERAL MONTHS TO THROW A PLAN TOGETHER, BUT SEVERAL MONTHS HAS PASSED. I DON'T KNOW IF THERE'S A PLAN THAT'S JUST GETTING STARTED OR IF IT'S MIDWAY OR WHERE IT IS. IF IT IS IN ITS VERY INFANCY, THERE'S NO WAY IN 30 DAYS THEY CAN COME UP WITH IT. BUT WE'VE HAD SIX MONTHS. THAT'S KIND OF WHERE WE'RE AT. IT MIGHT TAKE SIX MONTHS TO FULLY DEVELOP SOMETHING LIKE THIS. BUT SIX MONTHS HAS PASSED.

>> IN MY CONVERSATIONS WITH THE OWNER, WHICH I'VE HAD SEVERAL, HIS WHOLE FOCUS AT THIS POINT IS FINDING A WAY TO GET US TO RELEASE IT FROM CONDEMNATION. I JUST EXPLAINED TO HIM THAT'S NOT POSSIBLE AT THIS TIME AND THAT HE CONTINUES TO SAY HE CAN'T GET THE FINANCING HE NEEDS UNLESS IT'S OUT OF CONDEMNATION . THAT'S OUT OF MY PAY GRADE.

I'M NOT SURE WHAT THE BANK IS TELLING HIM. THAT'S HIS WHOLE FOCUS TRYING TO FIND A WAY TO GET THIS OUT OF CONDEMNATION.

>> ANY OTHER DISCUSSION OR MOTION? IT DOES SEEM LIKE HE'S OSCILLATING BACK AND FORTH BETWEEN REPAIR AND SALE. HE DOES WANT REPAIR AND THEN THERE'S A FOR SALE SIGN UP. SO I THINK THERE DOES NEED TO BE

[01:30:03]

EMPHASIS ON GETTING TO A POINT WHERE THERE IS A PLAN. AND I THINK PERSONALLY 30 DAYS WITH THE AMOUNT OF TIME THEY HAVE ALREADY HAD THAT 30 DAYS THE STAFF RECOMMENDATION IS A REASONABLE REQUIREMENT. FOR THEM TO ARRIVE AT SOME PLAN OF ACTION THAT'S AGREEABLE WITH THE CITY BUILDING OFFICIAL.

THAT SAID, DAVID, I RECOMMEND ACCEPT THE STAFF

RECOMMENDATION. >> SECOND A MOTION.

>> MOTION BY MR. TURNER THAT THE OWNER IS ORDERED TO HAVE 30 DAYS FOR THE OWNER TO REACH AN AGREEMENT WITH THE CITY FOR A PLAN OF ACTION.A COMPLETE PLAN OF ACTION AND SECOND BY MR.

ALLRED. ROLL CALL, PLEASE . >> GAD LUCK, SIR.

>> THANK YOU. >>> CASE NUMBER 24-000346.

LOCATED AT 450 PEACH STREET. CHECKLIST FOR RECORDS SEARCH, COUNTY RECORD SHOWS GENERAL WARRANTY DEED NAMING FOCO CAPITAL LLC AS THE OWNER. TAYLOR COUNTY SHOWS THE PREVIOUS OWNER AS THE OWNER. SECRETARY OF STATE LISTS REGISTERED AGENT TO WHICH NOTICES WERE SENTS. TAX RECORDS ARE NOT APPLICABLE. UTILITY RECORDS, NO RECORD OF SERVICE AT THIS ADDRESS. AND THE SEARCH REVEALS FOCO CAPITAL LLC TO BE THE OWNER. THIS IS THE PUBLIC NOTICE THAT WAS POSTED FOR THE MEETING. THIS IS THE FRONT EAST SIDE. THE REAR WEST SIDE. THE NORTH SIDE. AND THE SOUTH SIDE. SUBSTANDARD CODE VIOLATIONS.

INADEQUATE SANITATION. STRUCTURAL HAZARD. NUISANCE.

HAZARDOUS ELECTRICAL WIRING. HAZARDOUS PLUMBING. AND FAULTY WEATHER PROTECTION. THIS IS SOME OF THE EXTERIOR DILAPIDATION. STRUCTURAL HAZARDS. THAT IS THE FAULTY WEATHER PROTECTION. STRUCTURAL AND ELECTRICAL HAZARDS. TIMELINE DECEMBER 17TH OF 21 CASE WAS OPENED FOR DILAPIDATED STRUCTURE TO ADDRESS BUILDING EXTERIOR. NOTICES WERE SENT TO THE PROPERTY OWNER AT THAT TIME. APRIL 13TH OF '22, PROPERTY WAS SOLD. NOTICE OF VIOLATION FOR DILAPIDATED TRUCKTURE WAS SENT TO THE NEW OWNER. RECEIVED A PHONE CALL TO LET US KNOW EXTERIOR REPAIRS WOULD BE COMPLETED RIGHT AWAY. JUNE 21ST OF '22, EXTERIOR REPAIRS SHOULD HAVE BEEN COMPLETED BY THAT TIME OR AT LEAST STARTED. NO PROGRESS WAS MADE. NO CALL TO EXPLAIN THE DELAY. FEBRUARY 12TH OF '24 WE FILED AN AFFIDAVIT OF CONDEMNATION AT THE COUNTY CLERK. APRIL 10TH OF '24, COMPLETED INTERIOR INSPECTION OF THE BUILDING ON THE UPPER FLOOR. APRIL 11TH OF '24, CONDEMNATION NOTICES AND NOTICE OF THE MAY HEARING WERE SENT TO THE PROPERTY OWNER AND REGISTERED AGENT. MAY 1ST OF '24, THE BOARD HEARING THE CASE TABLED UNTIL THE NEXT HEARING SO THE OWNERS COULD OBTAIN COST ESTIMATES FOR THE REPAIRS TO SEE IF IT IS FEASIBLE FOR THEM TO REPAIR IT. JUNE 5TH OF '24 THE BOARD ORDERED A 30/60. JUNE 18TH OF '24 THE PROPERTY WAS LISTED FOR SALE. JULY 31ST OF '24 THE PROPERTY WAS PURCHASED BY FOCO CAPITAL. CONDEMNATION NOTICES WERE SENT TO THE NEW OWNER.

AUGUST 14TH OF '24, THE NEW OWNER INTENDED TO START

[01:35:03]

RENOVATIONS NEXT YEAR AFTER FUNDRAISING. HE REPEATEDLY STATED HE IS NOT IN TEXAS AND NEEDED THE CONDEMNATION REMOVED. 30/60 PROCESS WAS EXPLAINED TO HIM. AUGUST 16TH OF 24, RECEIVED A CALL TO ADVISE THE PROPERTY WAS TO BE CONVERTED INTO APARTMENTS AND A COFFEE SHOP. ADVISED HIM THAT THE PROPERTY IS STILL CONDEMNED AND HIS PLAN WOULD OFFICIALLY REQUIRE A ZONING CHANGE. HE STATED HE IS PROVIDING THE DRAWINGS THAT HE WAS TOLD NOTHING COULD BE DONE UNTIL FUNDS WERE RAISED. AUGUST 19TH OF 24, PROPERTY OWNER SENT A COPY OF THE STRUCTURAL ENGINEER REPORT TO PMI. AFTER THE BUILDING OFFICIAL HAD REVIEWED IT, WE NOTIFIED THE OWNER THAT SINCE THE REPORT STATED THAT SELECTIVE DEMOLITION WOULD BE REQUIRED TO ASSESS THE SOUNDNESS OF THE STRUCTURE, THE CITY WOULD REQUIRE THAT BE DONE IN ORDER TO ISSUE A PERMIT.

AUGUST 27TH OF 24, MCKENZIE DESIGNS CALLED TO SAY THE OWNERS ARE REQUESTING THE CITY DEMOLISH THE BUILDING FOR HIM.

HE STATED THE OWNERS ARE CONCERNED ABOUT FINES. AUGUST 27TH, RECEIVED A PHONE CALL FROM COLTON MASSEY STATING HE WAS HIRED AS A GENERAL CONTRACTOR. HE'S BEEN IN CONTACT WITH FIRST FINANCIAL BANK TRYING TO GET FUNDING.

EXPLAINED ALL PAPERWORK IS PAST DUE AND NEEDS TO BE SUBMITTED AS SOON AS POSSIBLE. SEPTEMBER 10TH OF 24, NOTICE OF OCTOBER HEARING WAS POSTED. SEPTEMBER 11TH OF 24, NOTICE OF OCTOBER HEARING SENT TO THE PROPERTY OWNER. AND I BELIEVE IN YOUR FOLDER WAS SOMEWHAT OF A PLAN. THEY HAD SUBMITTED YESTERDAY REGARDING THE PROPERTY. THE STAFF RECOMMENDATION ON THIS IS TO FIND THAT THE PROPERTY IS A PUBLIC NUISANCE TEN IT'S A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND REPAIR OF THE STRUCTURE WOULD BE UNREASONABLE AND ORDER. THE OWNER IS ORDERED TO DEMOLISH AIR APPEAL WITHIN 30 DAYS OR

THE CITY MIDOLISH. >> I PRESUME YOU MADE THESE RECOMMENDATIONS WITHOUT KNOWLEDGE OF THIS PLAN?

>> WE MADE THE RECOMMENDATION BASED OFF WHAT WE HAVE SEEN OCCURRING AND WITH WHAT WE FEEL IS THEIR ABILITY TO DO THESE

PROJECTS. >> BUT YOU DIDN'T HAVE THIS.

>> WE JUST RECEIVED THAT YESTERDAY. IN RE IS.

>> REFFED TO. >> I'M TERRY WITH PMI. I'M THE ONE WHO SPOKE WITH MCKENZIE. THEY HAD DECIDED NOT TO PURSUE WORKING ON THIS PROJECT. THEY BOWED OUT OF IT.

>> SO IS THIS THEIR -- >> I BELIEVE THAT IS FROM THE OWNER. THE FOCO.

>> THIS PLAN, THIS LAST ITEM NUMBER 7 RUN LIGHTS TO THE STRUCTURE. PLANS START FEBRUARY 24, 2024. IS THAT A TYPO? MAYBE

YOU HADN'T CAUGHT IT THERE? >> THEY'LL OPEN IT. I BELIEVE SO. I BELIEVE IT'S JUST A TYPO.

>> ANY OTHER QUESTIONS? THANK YOU, MR. WRIGHT. AT THIS TIME I

[I. Case for Rehabilitation, Demolition, or Civil Penalties - Case #24-000346: 450 Peach St (4-5 185 3 WISE PIEDMONT ABL OT, TAYLOR COUNTY, TEXAS), Owner: FOCO Capital, LLC]

WILL OPEN THE PUBLIC HEARING ON CASE 24-000346. ANYONE WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR

NAME FOR THE RECORD. >> MY NAME IS FESTIS AGUHABE.

PRIOR MILITARY BEING BEEN IF ABILENE FOR A WHILE. WE RECENTLY MOVED TO ALABAMA BECAUSE THE FAMILY -- MY FAMILY AND MY WIFE BEING PREGNANT. WHEN WE PURCHASED THIS PROPERTY. I'VE SEEN THIS PROPERTY A LONG TIME. I WANTED TO BE ABLE TO DO SOMETHING WITH THIS PROPERTY. THAT'S WHAT I DO. I'VE REALLY INVESTED IN ABILENE. I HAVE SEVERAL PROPERTIES HERE WE'VE DONE THE SAME THING TO WHICH IS TRY TO GET SOME BAD PROPERTIES AND REHAB. WE'VE DONE IT MANY TIMES. SO THIS ONE WAS KIND OF A STEP INTO MORE COMMERCIAL FOR US. WHILE WE DID PURCHASE IT NOT KNOWING THAT IT WAS CONDEMNED, ONCE WE FOUND OUT WE BROUGHT IN STRUCTURAL ENGINEER TO LOOK AT IT. HE SAID THAT IT'S GOOD EXCEPT FOR THE SOUTH SIDE. THIS PART OF MOST OF THE PROPERTY IS BRICK. ON THE SOUTH

[01:40:03]

SIDE IT'S WOOD. IT WAS ADDED ON TO IT.

SELECTED DEMOLITION MAY NEED TO HAPPEN TO ASSESS STRUCTURE. THE PLATE TO WEAR OFF IN THE FIRST FLOOR. SO HE SAID IT CAN BE REPAIRED BUT FROM MY STANDPOINT WHAT WE DECIDED TO DO IS WE'RE GOING TO DEMOLISH THAT PORTION. THAT WALL -- I'M NOT SURE IF THE PICTURES CAN SHOW IT BUT TO THE SOUTH SIDE OF IT WHERE THERE'S LITTLE WOOD PORTION BUT THE STEEL SMALL BUILDING THERE. WE PLAN TO ACTUALLY TAKE DOWN THAT WALL AND PUTTING IT BACK UP. BUT I DID TALK TO THE STRUCTURAL ENGINEER JUST TO GET CLARIFICATION YESTERDAY. CLINT WAS LIKE HEY, THE BRICK STRUCTURE IS FINE. THE TRUSSES ARE FINE. THAT SOUTH WALL RIGHT THERE BECAUSE OF THE WAY THE WATER HAS LEANED INTO THAT AREA IS WHERE HE'S CONCERNED. I SAID WELL, IF THAT'S YOUR CONCERN WE CAN DEFINITELY BE ABLE TO TAKE THAT WALL OFF. WE ACTUALLY WENT IN COUPLE OF NIGHTS AGO AND DO SOME SELECTIVE DEMOLITION JUST TO FEEL A LITTLE MORE COMFORTABLE.

MAN, ONCE YOU PEEL BACK THE I THINK IN THE OLDEN DAYS THE PLASTER LIKE CEMENT ON THE BRICKS OR SOMETHING THAT'S A DECOR OR WHATEVER. ONCE YOU PEEL THOSE GUYS OUT BECAUSE OF THE WAY, YOU KNOW, TIME HAS MADE THEM AGE, PRETTY BRICKS BEHIND THOSE WALL. I MEAN LIKE, AND EVEN THE FULL WALL, THE FAKE WALL THAT WAS THERE THAT WE THOUGHT WAS A REAL WALL IS HELD ON BY STEEL. THE FOUNDATION IS PRETTY GOOD.

ONCE I GOT THE PROPERTY. A MONTH, TWO MONTHS AGO. WE DO HAVE A PLAN OF ATTACK FOR THIS. THAT REQUIRES AT LEAST THE GOAL BEING WE WANT TO GET AWAY FROM -- GET THROUGH THE CONDEMNATION SIGN AND EVERYTHING. WE ARE JUST GOING TO STICK WITH WHAT IT IS FOR NOW AND JUST HAVE IT AS STORAGE OF SORTS. WE'VE DONE SOME DEMOLITION ON THE TOPSIDE TO BE ABLE TO SEE THROUGH THE WHOLE PLACE. ONCE YOU COME IN YOU'LL SEE THAT IT LOOKS DIRTY BECAUSE WE'VE BROKEN THROUGH THE WALLS TO SEE THROUGH BUT OUR GOAL IS EVENTUALLY TO TURN INTO AN APARTMENT. GOING TO DO CHANGE IT REZONE IT TO MULTIFAMILY BUT UNTIL THEN THE PLAN OF ACTION IS AS STATED IN THAT DOCUMENT IS TO GO AHEAD AND DO THE ROOFING. JS ROOFING TO GIVE US A PLAN ATTACK FOR THAT. TOWARDS THE END OF NOVEMBER TO BEGIN THAT. JUST GO AHEAD AND DO A FULL ROOF ON THER TO STOP THE WATER FROM COMING IN. THEN NEXT COURSE OF ACTION WOULD BE TO GO AHEAD AND TAKE THAT SOUTH SIDE SMALL STRUCTURE AND THE WALL THAT THE ENGINEERS ARE SUGGESTING TO BE NOT STRUCTURAL. CAN BE REPAIRED BUT NOT STRUCTURAL. WE WANT TO PUT SOMETHING, NEW WALL JUST TO BE ON THE SAFE SIDE. ONCE WE'RE DONE WITH THAT WE'LL BEGIN TO KIND OF BUILD OUT SOME SORT OF, YOU KNOW, STORAGE AREA ON THE FIRST FLOOR. WE WILL COVER UP ALL THE WINDOWS IN THE SECOND FLOOR SO THAT NOBODY IS ABLE TO GET IN. IN THE LATER PHASE BE ABLE TO COB VET THAT INTO AN APARTMENT COMPLEX. BUT WITH THE RAIN NOT COMING IN, I THINK THAT WILL KEEP THE -- LOOKED AT THE STRUCTURE. THE ACTUAL SECOND FLOOR TRUSS AND SAY THIS STUFF IS GOOD. ONLY PROBLEM IS THOSE AREAS WHERE THE RAIN CAME IN HAS KIND OF ATE THROUGH THE FLOOR BOARDS. WE'LL CUT OUT THAT AREA AND PUT IN A NEW FLOOR BOARDS TO MAKE SURE THOSE PLACES ARE STURDY. GET RID OF THE SOUTH SIDE AND PUT UP A NEW WALL. I THINK THAT BUILDING BECOMES 100 YEARS OLD NEXT YEAR. I THINK IT'S GOING TO BE ONE OF THOSE PROPERTIES IN ABILENE THAT YOU KNOW, YOU LOOK BACK AND SAY IT'S BEEN HERE FOR A WHILE.

[01:45:15]

IF IT'S FIXED UP, MAKES THAT NEIGHBORHOOD START LOOKING GOOD. ONE BLOCK FROM THE NEW LIBRARY THEY'RE FIXING DOWN OVER THERE. WE FEEL CONFIDENT IT'S GOING TO, YOU KNOW, WE JUST GOT IT. WE ALREADY HAVE A PLAN OF ACTION. WE GOT COMMITMENT WITH THE ROOFERS TO GET THE ROOF DONE. ONCE THAT'S DONE THAT GIVES US ACCESS TO DO THE REST OF THE STUFF TO AT LEAST GET THE FIRST FLOOR READY FOR USE STORING.

THAT'S ALL THE INFORMATION I HAVE AT THIS TIME. PLAN OF ACTION WE KNOW IS GOING TO WORK. PENDING YOUR QUESTIONS I

WILL END HERE. >> ANY QUESTIONS?

>> SO THE STAGE IT'S GOING TO BE STORAGE. IS THAT AN INTERIM TEMPORARY STAGE WITH ALMOST NO LAG PERIOD BETWEEN STORAGE AND CONVERSION OF APARTMENT OR IS IT -- IF IT'S STORAGE IS IT PERSONAL STORAGE OR STORAGE TO BE RENTED?

>> NO, PERSONAL STORAGE. JUST BE A PLACE TO WE DIDN'T WANT TO WITH THE PLANS WE REALLY HAVE. THE REASON WHY MCKENZIE.

WE BOWED OUT WITH THAT BECAUSE WE'RE NOT READY FOR THE APARTMENT PORTION OF IT. SO PENDING THE CONDEMNATION.

>> IN ORDER TO MAKE IT STORAGE YOU WOULD NOT BE DOING ANY

PLUMBING OR AIR-CONDITIONING? >> ROGER. ROGER.

>> YOU MAY BE DOING MINIMUM ELECTRICAL?

>> WE'LL BE ABLE TO PUT LIGHTS IN. BE ABLE TO HAVE LIGHTS IN THERE. AS FAR AS TO GIVE US MORE TIME IN IT PLANNING AND MAKING IT LOOK NICE. WE HAVE A VISION. WE DREW IT OUT PAPER WISE. REALLY THE WORST PROPERTY ON THE STREET. I ENJOY THAT PROCESS OF IT. MOVE MY FAMILY TO ALABAMA. WE OWN A CLEANING BUSINESS THAT'S THRIVING.

GROWING HERE. WE FEEL CONFIDENT WITH THE PLAN WE HAVE IN PLACE WE CAN RESURRECT THIS. NOT REALLY RESURRECT. I FEEL LIKE IT'S THERE. BUT TO GIVE IT MORE OF THAT THAT YOU ARE LOOKING FOR. TO AT LEAST GET IT OUT OF THIS CURRENT STAGE.

>> I HAD A QUESTION FOR YOU. YOU SAID YOU HAD MOVED YOUR FAMILY TO ALABAMA. ARE YOU NOT LIVING HERE NOW?

>> SO I'M NOT. I'M NOT LIVING HERE NOW. I HAVE MY

] HERE. >> DO YOU HAVE A GENERAL CONTRACT HERE THAT CAN BE THE SUPERVISOR FOR THIS BUILDING

BEING DONE? >> OH, WELL I STILL COME IN. I STILL COME IN. PRIOR MILITARY AND I HAVE PEOPLE IN BIRMINGHAM

WHERE WE LIVE NOW. >> SO YOU DON'T HAVE A PRIMARY SUPERVISOR HERE? GENERAL CONTRACTOR?

>> NO, WE HAD MCKENZIE. THAT'S THE GUY DOING ALL MY PAPERWORK AND STUFF LIKE THAT. PER PHASE I WILL BE HERE TO SUPERSEDES. I RUN MY OWN BUSINESS. I COME AND GO. THAT'S WHAT I DID ONCE I KNEW THIS WAS GOING ON I BOOKED A FLIGHT AND CAME OVER HERE.

>> MY CONCERN IS THAT IT'S A BIG PROJECT AND YOU'RE NOT HERE VERY MUCH BUT YOU'RE THE GENERAL CONTRACTOR OF IT AND I'M JUST WONDERING WHAT THE SPEED OF THIS WILL BE GETTING

DONE. >> THAT'S A FAIR QUESTION.

ONCE WE HAVE A PLAN OF ATTACK. THIS IS WHAT I'VE DONE ACROSS MY YEARS IN THE MILITARY. ONCE I HAVE A PLAN OF ATTACK.

SCHEDULED THE ROOFER. I DON'T NEED TO BE THERE IN FRONT OF HIM AND SAY HEY, ROOF THIS THIS WAY. WE'VE HAD CONTACT. HE'S GIVEN ME ALL THE THINGS HE NEED. ONCE HE'S DONE THAT THEN THE NEXT PHASE IS TO, OKAY, DO WE NEED TO GET THIS PERSON TO DO THIS. AND THEN WE'LL DO THAT. IT WILL GO ON WITH THAT.

FOR THE MOST PART BECAUSE IT'S GOING TO BE AN OPEN SPACE FOR THE MOST PART ME BEING THERE, THERE'S NO REAL BIG STRUCTURE BEING PUT UP EXCEPT THAT WALL. GETTING THE ELECTRICIAN TO PUT THE LIGHTS. AS FAR AS THAT CONCERN I THINK IN THE APARTMENT PHASE IT'S NOT GOING TO BE ME TO DO, YOU KNOW, ONCE

[01:50:01]

WE CLEAR OF THIS. THAT'S WHEN WE'LL BRING IN SOMEBODY AND SAY YOU'RE THE GC FOR THIS. I DON'T KNOW APARTMENTS TO DO THAT. FOR PERSONAL HOMES I'VE DONE MYSELF AND I'M PRETTY GOOD AT IT AND I COULD DO THIS ONE IF I HAD TIME. AT THIS POINT I WILL LET SOMEONE DO THAT AT THAT PHASE. THERE'S NO REAL -- WE'RE NOT BUILDING ANYTHING NEW EXCEPT THAT SOUTH WALL AND REPAIRING THE AREA OF THE FLOOR THAT HAS BEEN DAMAGED. THE FIRST FLOOR IS WHERE WE'LL DO MOSTLY STORAGE.

SECOND FLOOR IS GOING TO BE BOARDED UP SO THAT NOBODY GETS INTO IT. WE'LL USE THE FIRST FLOOR TO DO WHATEVER WE NEED TO. ANTICIPATE THAT BY THE GRACE OF GOD THE END OF THE YEAR NEXT YEAR WE'LL HAVE AN APARTMENT. CURRENT PLAN OF ATTACK YOU HAVE IS TO GET IT TO WHERE WE CAN ACTUALLY USE AS STORAGE. LOOK BACK AT LEAST IN THAT AREA. THAT'S THE GAME

PLAN. >> ANY OTHER QUESTIONS?

>> IT BEING DEMOLISHED IN MY OPINION -- STRUCTURE IS PRETTY GOOD.

>> THANK YOU, SIR. >> ANY OTHERS WISHING TO SPEAK TO THIS CASE PLEASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD? SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING ON CASE 24-00346. AND OPEN THE FLOOR FOR DISCUSSION.

>> IS THERE ANY WAY WE COULD SEE THE TIMELINE OF EVENTS AGAIN ON THIS ONE? I'M TRYING TO FIGURE HOW MUCH AT WHAT POINT WAS THE OWNER GIVEN A CHANCE IN THE PAST TO GIVE A PLAN OF ACTION? SO IN '21 WAS THIS A DIFFERENT OWNER?

>> IN '21, YES. SO MAY OF THIS YEAR IS WHEN THE OWNERS AT THAT TIME WERE GIVEN TIME TO COME UP WITH A PLAN OF ACTION, GET COST ESTIMATES IT WAS TABLED BY THE BOARD AT THAT TIME TO GIVE THEM THE CHANCE TO DO ALL OF THAT. THEN AFTER THAT A COUPLE MONTHS LATER IS WHEN THOSE OWNERS SOLD THIS PROPERTY TO THIS

GENTLEMAN. >> THIS GENTLEMAN HAS NOT HAD A CHANCE TO GIVE A PLAN TO OF ACTION SO FAR? THE NEW OWNER?

>> THIS IS HIS PLAN OF ACTION. >> I UNDERSTAND. BUT UNTIL NOW

HE HASN'T. >> SINCE HE PURCHASED IT, YES.

>> I UNDERSTAND THAT THIS IS DOWN. PREVIOUSLY THERE WASN'T

ANOTHER WINDOW THAT EXPIRED. >> NO. AS FAR AS HIM BEING THE OWNER THIS IS THE FIRST TIME THE BOARD'S SEEN IT.

>> THANK YOU. >> I PRESUME YOU HAVEN'T HAD A CHANCE TO LOOK AT THIS? UNTIL NOW?

>> IF YOU'RE GOING TO KEEP THE STRUCTURE YOU WANT TO REVITALIZE IT. NUMBER TWO IS OBVIOUSLY THE FIRST STEP FOR THAT TO PROTECT EVERYTHING WITHIN. DEMOLISHING OF THE SOUTH PORTION, THAT'S FINE. LOOKED OVER THE ENGINEER'S ASSESSMENT AND WANTED TO FOLLOW THAT. THEN AS LONG AS THEY KEEP IN COMMUNICATION WITH STRUCTURAL ENGINEER. THERE WERE SOME PLACES THAT NEEDED TO BE REPAIRED OBVIOUSLY PRIOR TO ANYONE GETTING ON THAT ROOF AND DOING A ROOF JOB. SO THAT WOULD

HAVE TO BE DONE AS WELL. >> I THINK SINCE IT'S THE FIRST TIME WE'VE SEEN THIS OWNER AND HE'S HAD A SHORT TIME OF OWNERSHIP HERE THAT PERHAPS GIVING HIM A CHANCE TO FOLLOW THIS PLAN OF ACTION HERE MIGHT BE APPROPRIATE. MY

[01:55:02]

OPINION. >> I AGREE.

>> ANY OTHER DISCUSSION? >> I THINK IT'S IN ORDER TO GIVE HIM 30 DAYS TO PROVIDE A PLAN OF ACTION, TIME FRAME FOR REPAIRS AND COST ESTIMATES AND OBTAIN ALL PERMITS. IF THIS IS DONE 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS AND IF THIS WAS DONE ALL FINAL INSPECTIONS SHOULD BE COMPLETED BY THE

EXPIRATION OF ALL PERMITS. >> MOTION BY MR. ALLRED THAT THE OWNER IS ORDERED TO REPAIR 30 DAYS TO PROVIDE A PLAN OF ACTION INCLUDING A TIME FRAME FOR REPAIR AND COST ESTIMATES AND OBTAIN ALL PERMITS AND IF THIS IS DONE, 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS AND IF THIS IS DONE, ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL

PERMITS. >> SECOND.

>> SECOND. ROLL CALL. >> MR. WYATT.

>> YES. >> MR. ALLRED.

>> YES. >> MR. ALDRIEDGE.

>> YES. >> MR. MCNEILL.

>> YES. >> MR. TURNER.

>> YES. >> MR. SCHMUTZ.

>> YES. >> MR. BEARD.

>> YES. >> MOTION PASSED.

>> GOOD LUCK, SIR. >> THE NEXT CASE IS GOING TO BE

[J. Case for Rehabilitation, Demolition, or Civil Penalties - Case #24-001518: 1333 Meander St (MCMURRY COLLEGE, BLOCK 25, LOT 18, TAYLOR COUNTY, TEXAS), Owner: Wilson, Peggy K.]

CASE NUMBER 24-001518. LOCATED AT 1333 MEANDER STREET.

WARRANTY DEED NAMING PEGGY K. WILSON AS THE OWNER. TAYLOR COUNTY SHOWS PEGGY K. WILSON TO BE THE OWNER. SECRETARY OF STATE SHOWS NO ENTITY. TAX RECORDS ARE NOT APPLICABLE. AND UTILITY RECORDS HAVE BEEN INACTIVE SINCE NOVEMBER 20, 2021. SEARCH REVEALS PEGGY K. WILSON TO BE THE OWNER. THIS IS THE PUBLIC NOTICE THAT WAS POSTED. THIS IS THE FRONT WEST SIDE. THE REAR EAST SIDE. THE NORTH SIDE. AND THE SOUTH SIDE.

SUBSTANDARD CODE VIOLATIONS INADEQUATE SANITATION, STRUCTURAL HAZARDS, NUISANCE, HAZARDOUS ELECTRICAL WIRING AND FAULTY WEATHER PROTECTION AND DUE TO THE PROPERTY CONDITIONS WE WERE UNABLE TO CHECK THE PLUMBING AND THE MECHANICAL.

EXTERIOR DILAPIDATION AND FAULTY WEATHER PROTECTION. LOVE SIRI. MORE EXTERIOR DILAPIDATION AND FAULTY WEATHER PROTECTION. INADEQUATE SANITATION AND THAT IS THE FRONT DOOR THAT YOU'RE SEEING ON THE RIGHT. THAT'S AS FAR AS WE COULD GET IN. SO THESE PICTURES YOU'RE SEEING WERE TAKEN FROM JUST INSIDE THE DOOR. WE COULDN'T GET MUCH FARTHER THAN THREE OR FOUR FEET IN. TIMELINE ON MAY 3RD OF '24, IDENTIFIED THE PROPERTY WITH MAJOR ROOF DAMAGE AND DUE TO BLOCKED PASSAGE WAYS WE HAD NO WAY TO VERIFY IF POWER WAS OFF. PROPERTY HAD BECOME VACANT. MAY 15TH OF '24.

AFFIDAVIT OF CONDEMNATION WAS RECORDED. 30/60 WERE SENT TO THE PROPERTY OWNER. MAY 17TH, PROPERTY OWNER VERIFIED THERE IS NO ELECTRIC SERVICE TO THE HOUSE. JUNE 6TH OF '24, EXPLAINED THE PLAN OF ACTION AND PROCESS TO THE OWNER. JUNE 28TH OF '24, OWNER SAID SHE WAS LOOKING INTO A BANK LOAN TO COVER REPAIRS. ADVISED HER TO COMPLETE THE PLAN OF ACTION FIRST TO GET AN IDEA OF COST. OWNER CAME INTO CITY HALL WITH EXPLAINED THE PLAN OF ACTION PROCESS AGAIN AND PROVIDED ANOTHER COPY OF PLAN OF ACTION WORK SHEET. AUGUST 13TH OF '24, OBTAINED PERMISSION FROM THE OWNER TO INSPECT THE INSIDE OF THE STRUCTURE. THE OWNER WITH HELP CLEANED OUT THE ENTRANCEWAY TO THE PROPERTY SO WE'D BE ABLE TO WALK INSIDE.

WE WERE ONLY ABLE TO MAKE IT A SHORT DISTANCE INTO THE HOUSE DUE TO THE HOUSE BEING PACKED FULL OF THE STUFF FROM THE FLOORS TO THE CEILING. WE OBTAINED A HANDFUL OF PHOTOS AND CONCLUDED THE INSPECTION. DUE TO THE PROPERTY CONDITIONS WE WERE NOT ABLE TO SEE INSIDE OF MOST ROOMS OR GET AROUND THE BACKSIDE OF THE HOUSE. SEPTEMBER 10TH OF '24 THE NOTICE OF OCTOBER HEARING WAS POSTED AND SEPTEMBER 11TH OF '24, NOTICE OF OCTOBER HEARING WAS SENT TO THE PROPERTY OWNER.

[02:00:05]

STAFF RECOMMENDATION IS TO ORDER THE OWNER TO REPAIR 30 DAYS TO PROVIDE A PLAN OF ACTION, INCLUDING A TIME FRAME FOR REPAIR AND COST ESTIMATES AND OBTAIN ALL PERMITS. IF THIS IS DONE, 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS. IF IT THIS IS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL PERMITS.

>> ANY QUESTIONS FOR MR. WRIGHT? THANK YOU.

>> GOOD MORNING. I'M THE OWNER OF THE HOUSE. I'LL JUST TELL YOU STRAIGHT. I LIVE NEXT DOOR HER HUSBAND GOT SICK SO I TURNED ALL MY UTILITIES OFF AND I'VE BEEN OVER THERE FOR FOUR YEARS. HE'S BEING NURSED BACK TO HEALTH. WHEN I INITIALLY TURNED THE UTILITIES OFF I DID TRY TO APPLY FOR THE WATER.

WHEN I APPLIED FOR THE WATER I GOT HAULED BY DOGS SO I FORGOT ABOUT GETTING THE WATER ON. AT PRESENT SHE TOLD ME HE'D BE COMING HOME SOON. HE'S BEEN NURSED BACK TO HEALTH. THAT JOB IS PRETTY MUCH GOING TO BE COMPLETELY OVER. I TOLD MR. MASH ISSUE. I DIDN'T KNOW SOMEONE HAD BUSTED IN. SOME OF THAT STUFF WAS STACKED UP ALONG THE SIDES. WHOEVER WAS IN THAT HOUSE JUST PULLED EVERYTHING TO THE MIDDLE OF THE LIVING ROOM.

THEY COULDN'T GET THE BACK DOOR OPEN TO GET OUT THAT BACK DOOR. MEAN TIME, I WOULD LIKE TO KEEP MY HOME. I'VE LIVED IN ABILENE A LONG TIME. I'VE LIVED IN THAT HOUSE FOR 34 YEARS. I'D LIKE TO HAVE SIX MONTHS TO DO SO. I HAVE $20,000 SAVED FOR MY RETIREMENT IN WHICH I WILL HAVE THE MONEY. AS FAR AS DOING THE REST I HAVEN'T DONE ANY OF THAT. JUST I HAVE ADHD. USED TO HAVE SOMEBODY TO HELP ME. MR. MARSH HAS BEEN MORE THAN KIND. HE MAY ALSO NOT THINK SO, BUT I DO WANT TO KEEP MY HOUSE. IF I LOSE MY HOUSE I HAVE NO PLACE TO LIVE. SET INCOME. I DID KEEP MY TAXES UP. I'D LIKE TO HAVE SIX MONTHS. GIVE MY WORD IN SIX MONTHS WHATEVER HE NEEDS IN THE MEAN TIME I HAVEN'T DONE IT. I DO HAVE ADHD PRETTY BAD. IF I WASN'T FOR MR. MARSH I WOULDN'T BE THIS FAR. HE WAS MY INSPECTOR BEFORE AND DONE THE THINGS HE'S ASKED ME TO DO. THAT'S PRETTY MUCH IT. I DON'T KNOW WHAT TO SAY OTHER THAN I'D LIKE TO KEEP MY HOME. SENIOR CITIZEN AND I HAVE SET INCOME. I DO UNDERSTAND THE IMPORTANCE OF THIS. I JUST KNOW BECAUSE OF MY DADDY. MY DADDY COULD NEVER KEEP FROM DOING IT.

MY PLAN IS I THINK MY HOUSE IS WORTH SAVING. IT'S THE ROOF.

PRIOR TO THAT IT CAUGHT ON FIRE IN 1991 AND EVERYTHING'S BEEN DONE TO THE HOUSE BROUGHT UP TO CODE. EVERYTHING. CITY OF ABILENE I GOT PAPERWORK TO SHOW, YOU KNOW, WHEN IT CAUGHT ON FIRE EVERYTHING'S BEEN DONE. ELECTRICAL, PLUMBING.

EVERYTHING'S BEEN DONE OTHER THAN THE ROOF. OTHER THAN ALL THAT CRAP THAT'S BEEN DRUG THROUGH THE HOUSE. I HAVE A WAY TO GET IT DONE. CAUTION FIRE. WINDOWS. I'D LIKE TO KEEP MY HOUSE. IT'S MINE. I PAID FOR IT MYSELF. PRETTY MUCH ALL I HAVE. I DON'T KNOW ANY QUESTIONS I NEED TO ANSWER.

>> MA'AM, ARE YOU LIVING NEXT DOOR?

>> YES. YEAH. MIKE AND CAMILLE PARISH. HE'S A TEACHER. HE GOT REAL SICK AND SO I TOOK CARE OF HIM AND NURSED HIM BACK TO HEALTH. AT THE TIME I DECIDED THAT WAS MORE IMPORTANT.

THEY'VE DONE 35 YEARS OF SERVICE TO OUR COMMUNITY AND SHE DIDN'T HAVE ANYBODY TO HELP SO I MOVED IN. SO I TURNED MY UTILITIES OFF. I DID REAPPLY FOR THE WATER. THEY HAD IT ONE MONTH. IT FLOODED THE WHOLE FRONT YARD. HI TO PAY THAT WATER BILL. I HAVEN'T TRIED TO GET IT ON.

>> THE PARISHES STILL LIVE NEXT DOOR? THEY'RE STILL LIVING IN THAT HOUSE AND YOU'RE LIVING WITH THEM?

>> YES. YES, SIR. >> I UNDERSTAND.

>> SHE WENT ACROSS TOWN TO -- SHE GOT SICK AND SHE HAD TO RETIRE EARLY. SO NOW THAT I'VE NURSED HIM BACK TO HEALTH HE'S MOVING HER UNTIL THEY CAN GET BETTER NEEDS FOR HER. SHE HAS TO HAVE HIP REPLACEMENT. HE'S WELL OVER THERE TAKING CARE OF HER. WANTED THEM TO BE SURE THEY WERE OKAY. I WOULDN'T BE HERE IF IT WASN'T FOR THEM.

[02:05:02]

>> APPRECIATE YOU BEING HERE AND BEING COOPERATIVE. ONE QUESTION I HAVE FOR YOU, HOW LONG DO YOU THINK IT WOULD TAKE FOR YOU TO GET THE DEBRIS OUT THAT THE PEOPLE THAT BROKE IN?

>> WHATEVER YOU TELL ME. I JUST RECENTLY --

>> YOU WOULD NEED SIX MONTHS? >> THE ROOF, EVERYTHING. INSIDE AND OUT. HAVE PEOPLE TO HELP ME. MR. MARSH'S HAD SOME PEOPLE TO VOLUNTEER TO HELP ME. I HAVE TO GET IT THERE AND HAUL IT OFF. THEY CAN'T HELP ME GO THROUGH THE IT. I'D LIKE TO SEE IF I CAN SALVAGE PERSONAL THINGS. NOTHING MAJOR. THEY OFFERED ME A DUMPSTER. NO, IT WAS MR. RICE. I'M SO CONFUSED.

>> WE APPRECIATE. >> I CLEAN THE FRONT PORCH.

KIND ENOUGH TO GIVE ME ENOUGH TIME. I JUST FINISHED UP WITH HIM YESTERDAY. THEY CAN'T AFFORD NO FINES. HE OFFERED ME A DUMPSTER. I CLEANED THEIR PORCH UP. THEY HAD SO MUCH STUFF AROUND THERE. IT'S TAKEN ME A WHILE. I HAVE TO HAVE HELP.

>> THANK YOU. THANK YOU VERY MUCH. APPRECIATE YOU.

>> DO YOU FEEL LIKE YOU HAVE AN UNDERSTANDING OF THE RECOMMENDATION HERE OF THE STAFF? DO YOU FEEL LIKE THIS IS A REASONABLE RECOMMENDATION THAT YOU CAN COMPLY WITH?

>> SIX MONTHS? I'M SORRY. >> YOU HAVE SIX MONTHS BUT YOU HAVE TO DO SOME OF THE -- YOU HAVE TO COMPLETE SOME OF THESE

MILESTONES BEFORE YOU GET. >> IF I DIDN'T I WOULD HAVE HIM HELP ME EACH STEP. BECAUSE OF MY ADHD I HAVE TO HAVE SOMEBODY SIT DOWN EXPLAIN THE DETAILS. MOST OF IT I UNDERSTAND, YES, SIR. I NEED TO GET HIM. I HAVE 30 DAYS TO GET SOME CONTRACTORS AND SHOW PROOF OF GOING FORWARD. I UNDERSTAND THAT, YES, SIR. I'VE BEEN SO BUSY WITH THAT YESTERDAY WAS SUPPOSED TO COME NOW I CAN FOCUS ON THIS. I CAN'T DO TOO MANY THINGS AT ONE TIME. HAD TO GET A TIRE FOR THAT TRUCK. THEN WRONG BALL JOINT. HE CAN SIGN OFF ON THAT TICKET AND I CAN FOCUS ON MY HOUSE. I UNDERSTAND I HAVE TO SHOW WHERE I GOT CONTRACT.

>> THANK YOU FOR BEING HERE. THANK YOU.

FULLY OTHERS WISHING TO SPEAK TO THIS CASE STEP FORWARD AND STATE YOUR NAME FOR THE RECORD? SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING ON CASE 24-001518 AND OPEN THE FLOOR

FOR DISCUSSION. OR A MOTION. >> I MOVE WE ACCEPT STAFF

RECOMMENDATION. >> NOTION BY MR. TURNER THAT THE OWNER IS ORDERED TO REPAIR 30 DAYS TO PROVIDE A PLAN OF ACTION INCLUDING A TIME FRAME FOR REPAIR AND COST ESTIMATES AND OBTAIN ALL PERMITS. IF THAT IS DONE 60 DAYS TO OBTAIN ROUGH IN INSPECTIONS AND IF THAT IS DONE ALL FINAL INSPECTIONS SHALL BE COMPLETED BY THE EXPIRATION OF ALL PERMITS. IS THERE A SECOND? SECOND BY MR. MCNEILL. ROLL CALL.

>> MR. WYATT. >> YES.

>> MR. ALDRIEDGE. >> YES.

>> MR. MCNEILL. >> YES.

>> MR. TURNER. >> YES.

>> MR. SCHMUTZ. >> YES.

>> MR. BEARD. >> YES.

>> MOTION PASSED. >> GOOD LUCK, MISS WILSON. WITH THAT THAT COMPLETES OUR

* This transcript was compiled from uncorrected Closed Captioning.