* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:17] THE, UH, LADIES AND GENTLEMEN, THE TIME IS NOW ONE 13 ON 10 JUNE, UH, 2022. UH, THE BUILDING STANDARDS BOARD AND THE SAN ANTONIO PROPERTY MAINTENANCE COMMITTEE, UH, ARE NOW READY TO CONVENE AND OPEN SESSION. UH, THERE IS A SINGLE ISSUE THAT WE WANT TO MAKE SURE THE PUBLIC IS AWARE OF, AND THAT IS THAT THE DEVELOPMENT SERVICES STAFF AND THE SAN ANTONIO PROPERTY MAINTENANCE COMMITTEE ENCOURAGES OPEN CONVERSATION DURING EACH AGENDA ITEM FOR ALL MEETINGS. THERE ARE, UH, WILL BE DEDICATED TIMES FOR THE PUBLIC COMMENTS AT THE BEGINNING AND ENDING OF EACH MEETING, BUT ATTENDEES ARE ENCOURAGED TO PROVIDE COMMENTS DURING EACH AGENDA. ITEM DISCUSSED. IF YOU'RE NOT ABLE TO ATTEND AN A MEETING IN PERSON, WOULD LIKE TO MAKE A COMMENT TO THE COMMITTEE OR ABOUT SPECIFIC AGENDA ITEMS, PLEASE EMAIL THE COMMITTEE TO SA CODE AT S A C O D E@SANANTONIO.GOV. OR CALL 2 1 0 2 0 7 3 9 0 4 AND PROVIDE THE COMMENTS FOR EACH OF THE AGENDA ITEMS THAT WE HAVE. UH, LET'S HAVE A ROLL CALL, PLEASE. MS. BROWN FREDERICK ANDES. HERE. DAVID GARZA. PRESENT. SHERI GUPTE. KAYLA MIRANDA. PRESENT DWAYNE NELSON. PRESENT. JOEL SOLIS. ROBERT TAPIA. PRESENT. ANN WEINER. PRESENT. JESSE ZUNIGA REJO. PRESENT. RAY MORALES. HERE. NATALI RODRIGUEZ JR. ESTEBAN LOPEZ. PRESENT. ALSO PRESENT IN THE MEETING FROM THE CITY OF SAN ANTONIO. FROM THE CITY ATTORNEY'S OFFICE, SAVITA RYE. AND FROM DEVELOPMENT SERVICES. DANNY EZ, CODE ENFORCEMENT ADMINISTRATOR JENNY RAMIREZ, CODE ENFORCEMENT MANAGER, JENNIFER MARTINEZ, ADMINISTRATIVE ASSISTANT TWO. AND MYSELF, ESTHER ORTIZ, DEVELOPMENT SERVICES SPECIALIST. CHAIR AORM PRESENT. THANK YOU, MA'AM. THE MINUTES HAVE, [ Approval of Minutes  ] UH, FOR BOTH MEETINGS OF MAY THE 13TH AND MAY THE 27TH HAVE BEEN DISTRIBUTED, UH, CHAIR WOULD ENTERTAIN A MOTION OF EITHER APPROVAL OR RECOMMENDATIONS FOR, UH, CORRECTIONS. MR. CHAIR, I, UM, WOULD LIKE TO MAKE A MOTION TO APPROVE LAST WEEK'S MINUTES. FIRST, THE MOTION IS TO APPROVE THE MINUTES OF MAY THE 27TH. UH, DO I HAVE A SECOND? I SECOND. MOTIONS MADE. AND SECOND, DO WE HAVE A DISCUSSION ON THAT MOTION? IF NO DISCUSSION, WE WILL USE A VOICE APPROVAL. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. THOSE OPPOSED SAY NAY. MOTION CARRIES UNANIMOUSLY. UH, CHAIR WOULD ENTERTAIN A MOTION ON THE MINUTES FOR MAY THE 13TH. MR. CHAIR, I'D LIKE TO MAKE A MOTION TO APPROVE THE MINUTES FOR MAY 13TH. I SECOND. MOTION IS MADE. AND SECOND FOR APPROVAL OF THE MINUTES OF MAY THE 13TH. ANY DISCUSSION AMONG THE PANEL? NO DISCUSSION. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. THOSE OPPOSED SAY NAYYY. MOTION CARRIES UNANIMOUSLY. WITH THAT, SIR, WE WILL TURN IT OVER TO YOU, DANNY. UH, MR. CHAIR, IF WE CAN DO THE SPANISH INTERPRETATION. I'M SORRY. SAY AGAIN PLEASE. IF WE CAN, UM, HAVE THE SPANISH TRANSLATOR COME UP AND DO OH, THANK YOU. I MISSED THAT. HI, GOOD AFTERNOON. THIS IS JUST A QUICK ANNOUNCEMENT ABOUT INTERPRETATION SERVICES. THANK YOU. THANK YOU, MA'AM. ALRIGHT. GOOD AFTERNOON, CHAIR AND [ Briefing and Possible Action on the following items  ] MEMBERS OF THE BOARD OR THE COMMITTEE. UH, DANIEL LEAGUE IS CODE ENFORCEMENT ADMINISTRATOR. BEFORE WE START AND DIVE INTO THE, UH, I P M C, SS A P M C REVIEW, UH, I KIND OF WANNA DO A QUICK OVERVIEW OF THE OVERALL CODE ENFORCEMENT PROCESS, MAYBE TO HELP CLARIFY, UH, ANY MISUNDERSTANDING, UH, OR ANY, UM, CONCERNS ABOUT THE NOTIFICATION PROCESS. I HAD NO, LAST MEETING, THERE WAS A COUPLE KIRSTEN'S CONCERNS THAT CAME UP, AND SO I JUST WANNA FURTHER CLARIFY, UH, WITH THESE FEW SLIDES HERE AND, UH, OPEN UP FOR ANY QUESTIONS AFTERWARDS. OKAY. GREAT IDEA. THANK YOU. OKAY. WELL, THE FIRST THING IS WE'RE TALK ABOUT CODE TALK. WE TALK ABOUT DIFFERENT THINGS, UH, DURING THE CODE ENFORCEMENT PROCESS. UH, NOTICE THIS CITATIONS ABATEMENT, BUILDING STANDARDS [00:05:01] BOARD, ADMINISTRATIVE HEARING OFFICER, UH, OFTENTIMES NOTICES AND CITATIONS. UM, YOU KNOW, THE, THE PUBLIC SOMETIMES GET THOSE TWO CONFUSED. THEY GET A NOTICE OF VIOLATION, THEY QUICKLY ASSUME THEY GOT A CITATION, WHICH IS NOT ALWAYS THE CASE. RIGHT? UH, OUR, OUR FIRST STEP IN OUR PROCESS IS NOTIFICATION. THAT'S A 10 DAY NOTICE THAT'S GIVEN TO THE PROPERTY OWNER FOR A VIOLATION THAT'S OBSERVED, UH, ON THE PROPERTY. UM, THEY'RE USUALLY THE, AGAIN, THE, AS I MENTIONED, THE TIME PERIOD TO CORRECT. THE ISSUE IS 10 DAYS. UM, WHAT'S FOLLOWED, IT TYPICALLY IS AFTER THE REINSPECTION IS CONDUCTED, WHICH IS TYPICALLY 10 DAYS AFTERWARDS. UH, IF THE PROPERTY REMAINS IN VIOLATION, ONE OR TWO THINGS CAN HAPPEN. WE EITHER CAN GIVE THEM MORE TIME TO COMPLY. UH, IF THERE'S BEEN ATTEMPTS EITHER TO CORRECT THE VIOLATION OR, UH, SOME CONTACT HAS BEEN MADE WITH A CODE OFFICER, UH, TO REQUEST ADDITIONAL TIME, THEN WE CAN GRANT THEM AN EXTENSION. UM, HOWEVER, IN SOME CASES, WE DO HAVE TO REVERT TO A CITATION. UH, THAT'S WHERE WE ACTUALLY, YOU KNOW, HAND WRITE A TICKET AND GIVE THEM A, A, A SUMMONS DATE TO APPEAR IN COURT. UM, AND IN SOME CASES, WE ACTUALLY HAVE TO TAKE SOME ABATEMENT EFFORTS. UM, BATEMAN'S TYPICALLY, UM, WE, WE ABATE VACANT LOTS AND DANGEROUS STRUCTURES. THOSE ARE THE ONES WE TYPICALLY ABATE. UH, BUT OCCASIONS WE DO HAVE TO ABATE A OCCUPIED PROPERTY. UH, BUT THAT'S AFTER SEVERAL ATTEMPTS TO GET THE PROPERTY IN ORDER TO CORRECT, UH, THE VIOLATION. AND, AND, AND I MEAN, SEVERAL ATTEMPTS ALONG WITH NOT ONLY, UH, CITATIONS, BUT SEVERAL VISITS TO THE LOCATION, UH, TO EXPLAIN TO THEM THAT THIS PROPERTY IS IN VIOLATION. IT NEEDS TO BE ADDRESSED, UM, FAILURE TO DO SO. THEN THE CITY WOULD THEN HIRE A CONTRACTOR TO GO TO ABATE THE PROPERTY. UH, BUT AGAIN, ABATEMENT TAKES PLACE IN MOST INSTANCES, UM, RATHER QUICKLY WHEN IT COMES TO VACANT LOTS, UH, WHICH ARE JUST ESSENTIALLY UNIMPROVED LOTS AND, UH, VACANT STRUCTURES, WHICH OBVIOUSLY WE KNOW THE POSE, THE DANGER OF VACANT STRUCTURES POSED IN THE COMMUNITY WHEN THEY'RE UNSECURED, UNOCCUPIED, OVERGROWN, UH, THE CITY HAS THE AUTHORITY TO EVADE, UH, UH, VACANT LOTS AND, AND, AND DANGER STRUCTURES. WE ALSO ABATE JUNK VEHICLES, UM, JUNK VEHICLES THAT ARE ON THE PREMISES, UH, THAT GO BEYOND THE, UM, THE 30 DAY REQUIREMENT, UH, CAN BE ABATED. IT'S A, THERE'S A NOTIFICATION PROCESS THAT'S A LENGTHY NOTIFICATION PROCESS, TYPICALLY ANYWHERE BETWEEN 45 TO 60 DAYS BEFORE WE COULD ACTUALLY GET THE VEHICLE REMOVED. UH, BUT THE VEHICLE IS EVENTUALLY, UM, POTENTIALLY DESTROYED OR DISMANTLED OR, OR, OR RATHER, IT'S, IT'S NOT RETURNED TO THE PROPERTY OWNER. IT'S, IT'S A, IT'S SOMETHING THAT WE, WE TAKE AND IT GETS, UM, SALVAGED, IF YOU WILL. UM, AND IT'S, IT'S AN ITEM THAT, THAT IT'S, IT'S ABATED ESSENTIALLY THROUGH THE, OUR ENFORCEMENT PROCESS. THE BUILDING STANDARDS BOARD, AS YOU GUYS KNOW, IT'S OUR QUASS ISSUE BOARD THAT HEARS NOT ONLY SS A P M C CASES, BUT DANGEROUS STRUCTURE CASES AS WELL. UH, THE BOARD HAS THE AUTHORITY TO RULE AND MAKING A RECOMMENDATION FOR EITHER REPAIR ORDER, FOR DEMOLITION ORDER, OR TO AHOLD OF AN ABATEMENT, UM, IN, IN THE PROCESS, UM, AS WELL. AND THEN THE LAST, UM, ADMINISTRATIVE HEARING OFFICER PROCESS, IT'S GONNA BE OUR, OUR, OUR, OUR CIVIL JUDICIAL PROCESS, IF YOU WILL. UM, SEVERAL YEARS AGO, WE MADE AN ATTEMPT TO DECRIMINALIZE A LOT OF OUR CODE ENFORCEMENT, UH, NOTICES OR, OR, OR, OR VIOLATIONS. AND SO WE CREATED THE ADMINISTRATIVE HEARING OFFICER PROCESS. UH, THIS IS A PROCESS THAT'S HEARD BY MUNICIPAL COURT. THERE'S A, THERE, I BELIEVE THERE'S TWO, UH, ADMINISTRATIVE HEARING OFFICERS AT THIS TIME. UH, THESE CASES ARE HEARD JUST AS THEY WOULD ANY OTHER, AND I'LL USE EXAMPLE, LIKE A, LET'S SAY, A, A A PARKING TICKET OR A, UH, BUT THESE ARE CIVILIZED. THESE ARE, THESE ARE CIVIL CITATIONS, NOT CRIMINAL. RIGHT. AND, AND WHAT THE, UH, THE COURTS DO, ESSENTIALLY, THEY HAVE A, THEY REVIEW THE CASE AND THEY, THEY IMPOSE A PENALTY IF THE PROPERTY OWNER HAS NOT COMPLIED. OFTENTIMES THEY DO GIVE THEM WHAT'S CALLED A, UH, I DON'T WANNA SAY AN EXTENSION, BUT ESSENTIALLY IT'S, IT'S, THEY, THEY RESCHEDULE IT FOR A COMPLIANCE HEARING. IT GIVES 'EM SOME MORE TIME TO COME INTO COMPLIANCE. UM, AND THEN THERE'S OFTENTIMES A PENALTY CAN BE REDUCED FROM THE INITIAL, UH, PENALTY AMOUNT, WHICH TYPICALLY INITIALLY IS $300 FOR THE FIRST CITATION. UH, IF THE HOMEOWNER OR THE PROPERTY OWNER OR THE TENANT CORRECTS THE VIOLATION, UH, OFTENTIMES THE PENALTY CAN BE REDUCED. I'M SORRY, WAS THERE A QUESTION? UH, NO. NO. OKAY. UM, SO WE KIND OF DIVE INTO, UM, PROPERTY, UH, CIVIL RIGHTS. AND I'M NOT SURE IF IT'S THIS, MIKE, IS IT GOING IN AND OUT, OR IS IT JUST ME? SOUNDS LIKE IT'S GOING IN AND OUT. NO. OKAY. ALL RIGHT. IT SOUND LIKE. OKAY. UM, SO EVERYONE HAS A RIGHT TO DO PROCESS. UM, AS YOU CAN SEE, THERE'S, YOU KNOW, THREE DIFFERENT BRANCHES OF THE, YOU KNOW, THE EXECUTIVE BRANCH, THE JUDICIAL BRANCH, LEGISLATIVE BRANCH, UH, CODE ENFORCEMENT FALLS UNDER THE EXECUTIVE BRANCH, JUST LIKE PD. WE'RE THE ENFORCEMENT PAR PORTION OF IT. UM, AND IT KIND OF HELPS WITH THIS CHECK AND BALANCE, IF YOU WILL, RIGHT? SO WE DO, UH, DO THE ENFORCEMENT. ANYTHING THAT ENDS UP GOING ADMISSIBLE COURT, UH, OR WHETHER IT'S THE JUDGE ADMISSIBLE COURT, OR BUILDING SANDERS BOARD, IT'S THE JUDICIAL BRANCH. AND THEN, OF COURSE, COUNCIL AND STATE LEGISLATION IS LEGISLATIVE. THEY'RE THE ONES THAT MAKE THE LAWS AND WHAT HAVE YOU. UM, SOME OF THE AMENDMENTS, OR RATHER THE CIVIL, [00:10:01] SOME OF THE, UH, UM, IT'S FOURTH, FIFTH, AND THE 40TH AMENDMENT. UM, WE EMPHASIZE THAT, UM, TO OUR STAFF, UH, ON A REGULAR BASIS. THAT'S SOMETHING THAT WE TEACH 'EM VERY EARLY ON, UH, DURING THE TRAINING PROCESS. AND IT ALSO INCLUDED IN THE, UM, THE OVERALLS TRAINING THAT'S PROVIDED BY THE STATE. UH, THE FOURTH AMENDMENT SPEAKS TO UNLAWFUL, UH, RATHER UNREASONABLE SEARCH AND SEIZURES. UH, THE FIFTH AMENDMENT SPEAKS TO DUE PROCESS OF LAW. AND THE 14TH SPEAKS TO, UH, DUE PROCESS IS, UH, LEGAL OBLIGATION, UH, IN ALL STATES, RIGHT? SO WE DO EMPHASIZE THIS, UM, WITH OUR STAFF. AND JUST WANNA PUT THIS IN THERE. LET, LET EVERYBODY KNOW EVERYONE HAS THE RIGHT TO DO PROCESS. SO YOU, YOU GUYS MAY HAVE SEEN THIS IN THE PREVIOUS PRESENTATION, UH, BUT WE DO PRIORITIZE OUR CALLS FOR SERVICE. WE HAVE WHAT'S, UM, WE HAVE OUR TIER ONES AND TIER TWO CALLS. UH, TIER ONES ARE GONNA BE THE KEY HEALTH AND SAFETY VIOLATIONS. UH, OUR RESPONSE TIME FOR THOSE IS 10, TWO DAYS, TYPICALLY. AND THEN WE HAVE, UH, WHAT WE CALL THE PROPERTY MAINTENANCE, UM, OR PROPERTY USE VIOLATIONS, WHERE TYPICALLY, UH, OUR RESPONSE TIME IS THREE DAYS. THOSE ARE THE VIOLATIONS THAT WE'RE TALKING ABOUT. LIKE, SOMEBODY GETS A CALL FOR, UH, LET'S SAY EXTERIOR PAINT. UM, YOU KNOW, WE WANNA GET OUT THERE WITHIN THREE DAYS, RIGHT? UH, VACANT LOSS, DANGEROUS STRUCTURES, OBVIOUSLY FALL INTO TIER ONE. UH, THEY POSE A GREATER THREAT. UH, SO WE'D LIKE TO BE OUT THERE WITHIN TWO DAYS. OVERALL, THE GOAL, UH, FOR COMPLIANCE IS 45 DAYS. ABOUT 90% OF OUR CASES DO FALL WITHIN THE 45 DAY TIME PERIOD. UH, AND WITHIN B S B, WE LIKE TO GET ALL OUR CASES BEFORE THE BOARD, UH, WITHIN 120 DAYS. NOW, THAT DOESN'T ALWAYS HAPPEN, THOUGH. UH, ON AVERAGE WE'RE AVERAGING ANYWHERE BETWEEN 15 TO 18 MONTHS TO GET A PROPERTY BEFORE THE BUILDING STANDARDS BOARD, UH, IS BECAUSE WE'RE EITHER WORKING WITH A PROPERTY OWNER OR TRYING TO EXHAUST ALL THOSE MEANS BEFORE COMING BEFORE THE BOARD, RIGHT? UH, BUT THAT IS OUR GOAL, UM, IS TO GET A CASE BEFORE THE BOARD WITHIN 120 DAYS. SO THIS IS QUICKLY, UH, RECEIVING A COMPLAINT. UH, WHAT HAPPENS? WELL, UM, IT'S KIND OF A QUICK FLOW CHART, IF YOU WILL. I'M SORRY, I DIDN'T. UM, SO IF YOU GET A VIOLATION, WE GET, WE GET A, A CALL FOR, YOU KNOW, LET'S SAY A A A JUNK VEHICLE. WE GO OUT TO DO INITIAL INSPECTION. WE GO OUT TO INSPECT A PROPERTY. UM, WE DETERMINE IF THERE'S A VIOLATION OR NOT. IF THERE IS NO VIOLATION, THEN THAT'S A REAL QUICK, EASY ONE. 'CAUSE THE CASE IS CLOSED, RIGHT? IT'S, UH, IT GOES DOWN AS NO VIOLATION. AND, AND, AND THE ISSUE IS RESOLVED, RIGHT? UM, IF YOU DO GET A CALL, OR RATHER, THERE IS A VIOLATION THAT'S OBSERVED, THEN WE TRY TO MAKE CONTACT WITH THE OWNER OR THE TENANT. UM, AND THEN WE POST A NOTICE ON THE PROPERTY, AS WE MENTIONED LAST WEEK. AND THEN WE ALSO SERVE THEM, UH, EITHER WITH A NOTICE IN PERSON, AND THEN WE MAIL ONE AS WELL, UH, IN THE MAIL, UH, A REINSPECTION IS CONDUCTED TYPICALLY AFTER 10 DAYS, AS I MENTIONED EARLIER. UH, AND IF THE VIOLATION HAS BEEN CORRECTED, THEN THE CASE IS RESOLVED, IT'S CONSIDERED CLOSED. IF IT'S NOT, THEN WE TAKE THAT NEXT STEP. AS I MENTIONED, EITHER WE GRANT THEM MORE TIME TO COMPLY, OR THE NEXT STEP IS EITHER A CITATION OR DEPENDING ON THE CIRCUMSTANCES. UM, YOU KNOW, IT GOES BEFORE THE BUILDING STANDARDS BOARD OR, OR THE NEXT STEPS ARE, OR AN ABATEMENT RATHER. AGAIN, THIS, THESE WERE JUST FOUR QUICK SLIDES. UM, THIS INFORMATION WAS TAKEN FROM OUR POWERPOINT PRESENTATION THAT WE PRESENT TO OUR D SS D ACADEMY. UH, OUR NEXT D S D ACADEMY IS GONNA BE COMING UP IN JUNE, I BELIEVE, JUNE 22ND. UH, IT'S A KIND OF A CODE 1 0 1. SO IF ANYBODY'S INTERESTED IN LEARNING MORE ABOUT THE, THE CODE ENFORCEMENT PROCESS, UH, LOOK ONTO OUR WEBSITE AND YOU'LL BE ABLE TO SKIP MORE INFORMATION ABOUT OUR UPCOMING D S D ACADEMY. AGAIN, I KIND OF WANNA QUICKLY GO OVER THIS, UM, TO HOPEFULLY CLARIFY ANY QUESTIONS THAT, UH, THAT WERE STILL KIND OF LINGERING FROM LAST WEEK. QUICK QUESTION THERE. IN THE, IN THE PROCESS, UH, IS THERE ANY INCENTIVE FOR, UH, A PERSON TO SUBMIT A VIOLATION THAT IT'S MAYBE, UH, MALICIOUS OR, OR, YOU KNOW, THERE THERE'S A PROCESS THERE WHERE YOU'RE SHOWING THAT. I'M JUST THINKING IN CASES WHERE PEOPLE MIGHT USE 3 1 1 AS A WAY OF, UH, BOTHERING THE NEIGHBOR. I'M TRYING TO REPORT A VIOLATION. WHAT THERE IS NON VIOLATIONS, I'M TRYING TO FIRST UNDERSTAND WHAT ARE THE INCENTIVES NOT TO DO THAT. AND SECOND, UH, IF YOU CAN PROVIDE A, A, AN ESTIMATION OF THE NUMBER OF CASES THAT YOU GO TO INSPECT THE VIOL A SUPPOSEDLY A VIOLATION, AND THEN YOU DON'T FIND ONE, WHAT WILL BE THE PERCENTAGE OF CASES THAT YOU GO AND INSPECT AND THEN YOU DON'T FIND A VIOLATION? OKAY, SO THERE'S TWO PARTS TO YOUR QUESTION. THE FIRST PART, UM, I DON'T KNOW HOW TO ANSWER THAT. 'CAUSE I'D BE SPECULATING IF, IF, IF, UM, IF SOMEONE WOULD USE THE CODE SYSTEM, UM, IN A MALICIOUS WAY TO REPORT A PROPERTY OWNER. CAN IT HAPPEN? I'M SURE IT CAN. I DON'T KNOW IF IT HAS OR NOT. I COULDN'T TELL YOU. DEFINITELY. I CAN'T GIVE YOU EXAMPLES OF WHEN IT HAS. UM, BUT I CAN TELL YOU THAT AGAIN, IT'S, SOMEBODY CAN CALL ANONYMOUSLY THREE ONE ONE AND REPORT A VIOLATION, RIGHT? AND, UM, WE WILL HAVE TO GO OUT AND INSPECT, UH, I'LL USE THE EXAMPLE, UM, JUNK VEHICLE. UM, SO LET, LET'S SAY FOR WHATEVER REASON SOMEBODY CALLS IN [00:15:01] A JUNK VEHICLE, UM, WE GO OUT TO INSPECT THE JUNK VEHICLE. WE OBSERVE THAT IT'S NOT A JUNK VEHICLE. UH, IN OUR POLICY, WE HAVE IT WRITTEN THAT EVEN THOUGH WE GET A SUBSEQUENT CALL FOR THE SAME VEHICLE, WE WON'T GO OUT AND INSPECT FOR ANOTHER SIX MONTHS BECAUSE WE KNOW IT'S NOT INOPERABLE. SO, UM, THAT'S AN EXAMPLE, I GUESS, IF YOU WILL. BUT I, I CAN'T, I'D BE SPECULATING IF, IF, TO TO YOUR QUESTION THE FIRST TIME. UM, THE SECOND QUESTION, I DON'T, I DON'T KNOW OFF THE TOP OF THE HEAD HOW MANY, UM, CALLS THAT WE GET THAT RESULTED NO VIOLATIONS. UH, MY CONCERN TO LOOK INTO IT FOR YOU, AND MAYBE THE NEXT MEETING PROVIDES SOME INFORMATION FOR YOU. BUT AT THIS TIME, I DON'T KNOW. THANK YOU. UH, MR. CHAIR, IF I MAY ANSWER THE FIRST QUESTION. UH, COMMISSIONER PLEASE. AS FAR AS, UH, ARE THERE INSTANCES WHERE, UH, CALLS ARE MADE AND THERE IS NO VIOLATION, BUT THE CALLS ARE MADE FOR VEXATIOUS PURPOSES AND OR AN ONGOING DISPUTE BETWEEN NEIGHBORS? UH, UH, THAT HAPPENS, UH, QUITE A BIT. UH, BUT A CITIZEN HAS AN ABSOLUTE RIGHT TO CALL IN A COMPLAINT ABOUT A CONCERN TO THE 3 1 1 SYSTEM. UNLIKE, UM, SOMEONE WHO FILES, UH, NUMEROUS FRIVOLOUS LAWSUITS IN COURT WHERE WE CAN, UH, HAVE THE COURT DECLARE THEM A VEXATIOUS LITIGANT. AND THERE'S CONSEQUENCES. UM, WHEN IT COMES TO INSTANCES OF, UM, AT THE MUNICIPALITY LEVEL, AS I SAID, UH, EVERY CITIZEN HAS AN ABSOLUTE RIGHT TO CALL. SO, UH, WE DO NOT TRACK THAT. UM, HAS IT ENDED UP, UH, THERE'S BEEN SITUATIONS WHERE THE NEIGHBORS, UH, KEPT CALLING ON EACH OTHER FOR YEARS, ENDED UP IN DISTRICT COURT, BUT, UH, AT THE, UH, CITY LEVEL, UH, THERE ARE NO CONSEQUENCES. JUST, JUST TO PROVIDE A LITTLE BIT OF CONTEXT OF WHERE MY QUESTION, MY, MY CONCERN, I MEAN, I, I, I THINK THIS IS PUBLIC KNOWLEDGE THAT THIS HAPPENS, UH, ESPECIALLY IN HIGHLY GENTRIFYING NEIGHBORHOODS WHERE HIGHER INCOME POPULATION COMES INTO A LOWER INCOME NEIGHBORHOOD, THIS TENDS TO HAPPEN MUCH MORE DISPROPORTIONATELY HIGHER, MORE THAT, WHERE HIGHER INCOME, UH, UH, OWNERS START, UH, SEEING THESE PROPERTIES AS, AS A DETRIMENT TO THEIR PROPERTY AND START USING THIS AS A MECHANISM TO CLEAN THE NEIGHBORHOOD IN THEIR VIEW. SO I UNDERSTAND THAT RIGHT NOW THERE IS NO CONSEQUENCE, BUT AT SOME POINT THERE SHOULD BE A MECHANISM SOMEWHERE IN THE CODE, OR SOMEWHERE IN THE, IN THE, IN, IN THE DEPARTMENT THAT IT DISINCENTIVIZE THIS TYPE OF BEHAVIOR AS TO, TO, TO STOP USING IT AS A MECHANISM TO, UH, BOTHER OTHER NEIGHBORHOODS AND, AND, AND EXACERBATE THE, THE RATE OF GENTRIFICATION. YES. UH, DO I WISH WE COULD DO THAT WHEN IT'S BEEN PROVEN AS A FACT? UM, HOWEVER, UH, THIS ISSUE CAME UP IN HOUSTON. A LAWSUIT WAS FILED, UH, NOT, UH, REGARDING A 3 1 1 COMPLAINANT, BUT SOMEONE WHO WAS CALLING 9 1 1, CONSTANTLY SIMILAR SITUATION. UH, THE SECOND WARD WAS BEING GENTRIFIED, AND A LAWSUIT WAS FILED, UH, BY A PRIVATE PARTY. UH, THE ATTORNEY GENERAL WEIGHED IN. AND THE, UH, COURT'S DECISION WAS THAT, UH, WE CANNOT INFRINGE ON THE RIGHT OF A CITIZEN TO CALL IN. AND IF WE DO MAKE A, UH, A POLICY SUCH AS, UH, UH, SPECIFIC CONSEQUENCES, UH, IT WAS THE AGS OPINION AND THE COURT'S OPINION THAT, UH, THAT WOULD DETER CALLS WHEN THERE WAS ACTUALLY A CONCERN. THE, THE, BASICALLY THE BOY WHO CALLS WOLF. BUT ONE OF THOSE TIMES, IT, THERE MIGHT BE SOMETHING THAT NEEDS TO BE ADDRESSED US. YEAH. MAY MAYBE AT, AT SOME POINT WE'LL WANT TO CHANGE, UH, THE REQUIREMENTS FOR 3 1 1 CALLS NOT TO BE ANONYMOUS IF THEY'RE REPORTING CODE VIOLATIONS. UH, I'VE SEEN IN OTHER CITIES, UH, THAT IF A, A CODE VIOLATION IS REPORTED BY A NEIGHBOR, THE NEIGHBOR, UH, IS UNDERSTANDING THAT, UH, HE OR SHE'S ALSO GONNA BE INSPECTED THEIR PROPERTY AS A WAY TO SAY, IF, IF YOU THERE IS VIOLATIONS IN THE NEIGHBORHOOD, MAYBE YOU ALSO HAVE ONE. AND THEY, YOU KNOW, THINK IT TWICE AT LEAST. IF, IF THEY KNOW THAT THEIR PROPERTY IS ALSO GONNA BE EXPECTED AT THE, AT THE SAME TIME AS THE PROPERTY THEY ARE, UH, [00:20:01] CLAIMING ITS NEED, IT'S IN VIOLATION. SO, UH, MAYBE NOT TODAY, BUT I THINK IT'S IMPORTANT TO LIVE. UH, THERE ARE THINGS THAT CAN BE DONE AT, AT THE CITY LEVEL, AT THE GOVERNMENT LEVEL THAT COULD, UH, HELP THIS INCENTIVIZING THIS TYPE OF BEHAVIOR THAT, THAT'S ACTUALLY GOING TO BE AN ISSUE THAT'S OUTSIDE THE PURVIEW OF THE COMMITTEE. UH, WE'LL TAKE IT AS A NOTE, OBVIOUSLY, AND THE STAFF WILL TAKE IT AS A NOTE, BUT THE ISSUE IS OUTSIDE THE PURVIEW OF THE COMMITTEE. UH, AND YOU ALSO HAVE THE OTHER ISSUE THAT YOU HAVE TO CONTEND WITH, AND THAT'S STATE LAW. 'CAUSE OFTENTIMES YOU HAVE STATE LAW ISSUES, UH, AND IF IT'S AN ISSUE THAT WE CANNOT SOLVE LOCALLY AT A CITY LEVEL, THEN IT BECOMES AN ISSUE THAT YOU NEED TO GO TO THE STATE LEGISLATURE ON. THOSE KINDS OF THINGS HAPPEN ALL THE TIME WITH HOMEOWNERS ASSOCIATIONS AND PROPERTY OWNERS ASSOCIATIONS. AND THAT'S THE REASON WHY FOR THE, FOR THE MOST PART, EVERY TWO YEARS YOU SEE LITIGATION COME UP, NOT LITIGATION, EXCUSE ME, LAWS COMING UP, UH, THAT CHANGE THE CODES FOR PROPERTY CODE. UH, AND, UH, IT HAPPENS EVERY TWO YEARS. AND THE 87TH LEGISLATURE HAD SIGNIFICANT MAJOR CHANGES TO PROPERTY CODE AS A RESULT OF THAT. SO WE WILL OBVIOUSLY TAKE NOTE OF IT. UH, YOU HAD SOMETHING THOUGH, KAYLA. YES. UH, I WOULD JUST LIKE TO ADD TO THAT NOTE THAT THERE ARE MANY RENTERS, UM, AND TENANTS THAT NEED THAT, UH, PROTECTION TO CALL ANONYMOUS ANONYMOUSLY BECAUSE OF FEAR OF RETALIATION. SO, UM, IF WE DO WANNA INVESTIGATE, IT WOULD HAVE TO BE SOME OTHER MANNER TO PROTECT THOSE TENANTS. UM, AND, UH, MAYBE A SUGGESTION IS, YOU KNOW, IT'S A WASTE OF CI OF CITY FUNDS. IT'S A WASTE OF CODE COMPLIANCE FUNDS TO SEND AN INSPECTOR OUT CONSTANTLY. SO THAT MAY BE AN AVENUE TO LOOK AT. ANY OTHER QUESTIONS OR COMMENTS AT THIS TIME? GO RIGHT AHEAD, SIR. OKAY. ALRIGHT. THANK YOU. UH, SO AGAIN, WE'LL START WITH ITEM NUMBER TWO, UH, REVIEWING THE, UH, S A P M C I P M C, UH, CHANGES. UH, BEFORE WE START THOUGH, HOWEVER, I DO WANNA MAKE A NOTE THAT WE, THIS MORNING WE DID RECEIVE SEVERAL PUBLIC COMMENTS AND PROPOSED AMENDMENTS. UH, WE HAVE NOT HAD A CHANCE TO REVIEW THEM, SO, UH, WE ARE GONNA BE ADDING AN ADDITIONAL MEETING, POSSIBLY TWO, UH, TO GIVE US SOME TIME TO REVIEW THOSE COMMENTS AND, AND FOR ANY OTHER ADDITIONAL COMMENTS TO COME IN. SO I KIND OF WANNA OPEN IT UP WITH THAT AS WELL. SO IF WE GET THROUGH THESE HERE, UM, WE DON'T HAVE ANY OTHER ADDITIONAL COMMENTS TO REVIEW AT THIS TIME, HOWEVER, WE'LL BE AT THE NEXT MEETING, BUT EACH OF THOSE WILL COME UP AS A MATTER OF RECORD. YES, SIR. OKAY. VERY GOOD. THANK YOU. YES, SIR. OKAY. ALRIGHT. SO STARTING OFF WITH, UH, MY GUESS IF, I'M ASSUMING YOU WANNA START OFF WITH THE, THE FIRST ITEM FROM THE FIRST MEETING THAT WE TABLED, RIGHT? ITEM NUMBER TWO? YES, SIR. OKAY. ALRIGHT. SO THIS IS THE FIRST ITEM THAT WAS TABLED, UH, DURING OUR FIRST MEETING. ITEM NUMBER TWO. UM, IT WAS HERE, IT'S PROPOSED. UM, IT'S THE, UM, OUR RECOMMENDATION WOULD BE TO KEEP THE AMENDMENT AND UPDATE TO THE 2021 LANGUAGE. UH, OUR CURRENT I, UH, S A P M C, UH, 1 0 1 0.3 INTENT, UM, IT READS THE CODE CAN BE CONSTRUED TO SECURE ITS EXPRESS INTENT, WHICH IS ENSURE PUBLIC HEALTH, SAFETY AND WELFARE WELFARE IN. SO IN SO FAR AS THEY'RE AFFECTED BY THE CONTINUED OCCUPANCY AND MAINTENANCE OF STRUCTURES AND PREMISES, EXISTING STRUCTURES AND PREMISES THAT DO NOT COMPLY WITH PROVISIONS SHALL BE ALTERED AND REPAIRED WITHIN A REASONABLE TIME TO PROVIDE A MINIMUM LEVEL OF HEALTH AND SAFETY AS REQUIRED THERE HEREIN. UH, AS YOU CAN SEE ON THE 2021 I P M C, UH, THEY ARE PROPOSING TO CHANGE INTENT TO PUR PURPOSE. UM, AND THEY'RE SCRATCHING OUT, OR THEY'RE REMOVING, UH, OR THEY'RE STRIKING OUT. RATHER, THIS CODE SHALL BE CONSTRUED TO SECURE HIS EXPRESS INTENT, WHICH IS TO ENSURE PUBLIC, UH, THEY'RE REPLACING IT RATHER WITH THE PURPOSE OF THIS, THIS CODE IS TO ESTABLISH MINIMUM REQUIREMENTS TO PROVIDE A REASONABLE LEVEL OF HEALTH, SAFETY AND PROPERTY PROTECTION AND GENERAL WELFARE. AND THEN IF YOU MOVE DOWN AGAIN, FURTHER DOWN, YOU CAN SEE WHERE THEY, IN BOLD, THEY ADDED THE WORD REASONABLE SAFETY AND GENERAL WELFARE AND SCRATCHED OUT SAFETY. UM, I BELIEVE THERE WERE SOME DISCUSSION ABOUT THE, THE TERM REASONABLE AT THE TIME. AND SO I'LL OPEN IT UP TO THE COMMITTEE, UH, FOR DISCUSSION. ANY DISCUSSION FROM THE PANEL? THIS IS RAY MORALES. I HAD RAISED THE ISSUE, UH, BECAUSE THE REASONABLE, UH, LEVEL OF HEALTH, SAFETY AND, AND PROPERTY PROTECTION, UH, SEEMS TO BE, UH, VAGUE AND, UH, NOT WELL-DEFINED. AND, UH, UH, ASKED FOR, UH, I SUPPOSE, UH, UH, READING FROM THE, UH, COUNCIL. AND AT THE LAST MEETING THAT WE HAD HERE, UH, COUNSEL THAT WAS PRESENT, UH, SUGGESTED TO TAKE OUT REASONABLE BECAUSE IT IS VAGUE AND THE RECOMMENDATION FOR CHANGE IS, I DON'T THINK HE, UH, HE PROPOSED A, A RECOMMENDATION. UH, WHAT I WOULD, UH, [00:25:01] RECOMMEND IS, UH, GO BACK TO THE ENSURE PUBLIC SAFETY, UH, PUBLIC HEALTH, SAFETY AND WELFARE. SO BASICALLY JUST REMOVE THE WORD, CORRECT. OKAY. UH, IS ANY COMMENT ON REPLY TO THAT? NO. JUST TO REMOVE THE WORD REASONABLE COUNSEL, UM, THIS IS FRED ANDIS. UM, COUNSEL, CAN YOU GIVE US SOME GUIDANCE ON THAT? 'CAUSE I DON'T BELIEVE YOU CAN ALTER THAT WITHOUT ALTERING THE MEANING OF THE ACTUAL PHRASE ITSELF. NOW. UH, IT WAS, UH, MY RECOMMENDATION AT THE FIRST MEETING, WE STARTED DISCUSSING THAT, UH, REASONABLE AND BE, NOT BE PLACED IN, UH, AS MR. MORALE IS STATED, UH, FROM A LEGAL PERSPECTIVE, UH, THERE'S NOT, UH, CERTAINTY WHEN YOU THROW THE WORD REASONABLE IN. AND, UH, ONE WHO DEFINES REASONABLE. WE HAVE, UH, REQUIREMENTS THAT YOU HAVE TO MEET MINIMUM CODE STANDARDS. UH, THAT'S WHAT THE SS A P M C IS, IS, OR MINIMUM CODE STANDARDS REASONABLE, UH, WOULD MAKE IT HARDER TO PROSECUTE A CASE, DEFEND A CASE, OR LITIGATE THE CASE. BECAUSE WHAT MAY BE REASONABLE, UH, TO THIS BOARD THAT THE MINIMUM CODE STANDARDS ARE, UH, THAT'S THE LEVEL YOU'RE REQUIRED TO MEET. BUT WHEN YOU THROW IN REASONABLE, UH, BOARD MEMBER TAPIA HAS ONE DEFINITION OF WHAT HE THINKS IS REASONABLE. BOARD MEMBER DAVID GARZA WILL HAVE A DIFFERENT ONE. A PROPERTY OWNER WILL HAVE A DIFFERENT ONE. AND, UH, SO AS I RE UH, RECOMMENDED AT THAT FIRST MEETING, AND AS MY COLLEAGUE RECOMMENDED AT THE LAST MEETING, UH, WE ARE OPPOSED TO THE INSERTION OF REASONABLE, WOULD COUNSEL ACCEPT THE TERM AVERAGE TIME TO PROVIDE? BECAUSE AVERAGE TIME THEN IS A MEASURE OF ACTUAL PERFORMANCE, UH, FROM PAST, WELL, UH, THAT I, I WANNA CLARIFY 'CAUSE WE TALKED A LOT ABOUT THIS. UH, THERE IS REASONABLES BEING USED TWICE TO PROVIDE REASONABLE TIME TO COME INTO COMPLIANCE. REASONABLE IN THE SS A P M C HAS BEEN DEFINED AS 10 DAYS. THEN IT'S USED AGAIN, THE TERM REASONABLE THAT, UH, YOU NEED TO, UH, MEET REASONABLE HEALTH AND SAFETY GUIDELINES. AND SO THE ISSUE WITH THE WORD REASONABLE IS IN ITS USE TO ATTEMPT TO REDEFINE MINIMUM CODE STANDARDS. SO THE REASONABLE TIMES NOT WHAT WAS THE ISSUE, IT'S THE SECOND PART, REASONABLE LEVEL HEALTH OF. SO TIME FACTOR IS NOT THE ISSUE, THEN IT IS THE ACTUAL PERFORMANCE LEVEL. CORRECT. IF, IF I CAN, UH, FURTHER COMMENT ON THIS, UH, THE, UM, THE FIRST USE OF REASONABLE, UH, REFERS TO THE LEVEL OF HEALTH, SAFETY, AND WELFARE. AND, AND THAT, THAT IS THE QUESTION. UM, HOW DO WE DEFINE THE LEVEL? UH, THEN THE OTHER USE OF REASONABLE IS THE REASONABLE TIME. AND, UM, IF REASONABLE DOESN'T APPLY IN THE FIRST INSTANCE WHERE IT'S, IT'S UP TO INTERPRETATION, UH, THEN IN MY OPINION, REASONABLE CAN'T APPLY AT THE SECOND, UH, INSTANCE OF THE USE IN THIS, UH, IN THIS PHRASE, UH, IF I CAN REMIND EVERYBODY, THESE CODES ARE BY THE VERY NATURE TECHNICAL DOCUMENTS, EVERY WORD, PHRASE, EXCLAMATION MARK, UH, PUNCTUATION MARK, UH, CAN CHANGE THE MEANING. AND SO THE SECOND USE OF REASONABLE, UH, MAKES ME QUESTION, YOU KNOW, UH, WHETHER 10 DAYS IS ACTUALLY A REASONABLE AMOUNT OF TIME. UH, I KNOW WE DISCUSSED THIS, UH, UH, QUITE AT LENGTH. [00:30:01] AND, UH, I'M AWARE THAT IN OTHER MUNICIPALITIES, UH, THE REASONABLE TIME HAS BEEN EXTENDED BY AT LEAST 10, UH, OR 30 DAYS, UH, IN OTHER MUNICIPALITIES. SO I'M, I'M QUESTIONING, YOU KNOW, WHAT IS REASONABLE TIME ALSO? OKAY. UH, AT THIS POINT, MR. CHAIR, I NEED TO REMIND Y'ALL, UH, WE'RE ON ITEM TWO AND THE ONLY ISSUE AT HAND IS INSERTING THE WORD REASONABLE AS TO THE MINIMUM CODE STANDARDS. UH, WE ARE NOT DISCUSSING REASONABLE AS IT APPLIES TO THE AMOUNT OF TIME PROVIDED THAT'S FURTHER DOWN IN THE SS A P M C. SO REASONABLE IS ESTABLISHED BASICALLY FOR US ALL AUTOMATICALLY. UH, THEREFORE, THE PURPOSE OF THE CODE IS TO ESTABLISH MINIMUM REQUIREMENTS TO PROVIDE A REASONABLE LEVEL, UH, IN REALITY, THE REASONABLE LEVEL IS GOING TO BE THE LEVEL THAT IS ESTABLISHED BY NORMS. UH, AND THAT MEANS THAT YOU'VE GOT EITHER LAW ISSUES ESTABLISHED OR YOU'VE GOT NORMS PROVIDED. UH, SO YOU COULD VERY EASILY, INSTEAD OF SAYING REASONABLE, YOU COULD SAY, UH, PROVIDED BY, UH, PUBLISHED NORMS FOR A LEVEL OF HEALTH COUNSEL, CAN YOU ACCEPT PUBLISHED NORMS? MY RECOMMENDATION IS TO, UH, LEAVE THE AMENDMENT AS WRITTEN, UM, TO ADD IN THE ADDITION THAT THEY WANNA CLARIFY ABOUT OCCUPANCY STRUCTURE. BUT MINIMUM CODE STANDARDS THAT IS THE LEGAL STANDARD FOR ALL NUISANCE ABATEMENTS. UM, I WOULD NOT RECOMMEND USING PUBLISHED NORMS. UH, 'CAUSE THEN YOU OPEN YOURSELF UP TO VARIOUS JURISDICTIONS WITH VARIOUS DEFINITIONS AND NORMS. I WOULD, UH, RECOMMEND THE BOARD STAY WITH THE LANGUAGE AS IS. AND THE MINIMUM CODE STANDARDS ARE DEFINED AS THOSE THAT ARE IN OUR CODES, STATUTES, AND CASE LAW. SO THEREFORE, TAKE THE WORD REASONABLE OUT AND LIVE WITH THE, UH, ESTABLISHED STANDARDS. YES. AND, OKAY. UH, BASICALLY WE'VE BEEN, UH, THE CITY HAS BEEN DOING THAT SINCE, UH, IT WAS GRANTED ITS HOME RULE, UH, POWERS BY THE STATE OF TEXAS. MR. CHAIRMAN, I JUST, I HAVE A QUESTION AND A COMMENT. UM, PULL THE MICROPHONE A LITTLE BIT CLOSER TO YOU, PLEASE, ANN, BUT I'M SORRY. PULL THE MICROPHONE A LITTLE CLOSER TO YOU, PLEASE. AND THEN GO AHEAD. JUST ADJUST THE NECK. JUST ADJUST THE NECK. THERE YOU GO. UM, WHAT WAS I GONNA SAY? ON THE FIRST DAY HERE, WE WERE TALKING ABOUT SOMETHING ELSE, AND I DON'T REMEMBER EXACTLY WHAT IT WAS, BUT IT WAS MENTIONED AS REASONABLE. AND I QUESTIONED THE USE OF THAT WORD. AND I WAS TOLD THAT THAT IS LIKE, UH, AN INDUSTRY KNOWLEDGEABLE THING, UH, BY ONE OF THE CONTRACTORS THAT WAS HERE. AND I GUESS I DON'T UNDERSTAND WHY IT WAS OKAY THEN, BUT NOT OKAY NOW. BUT THEN MY COMMENT IS, I DON'T KNOW WHY YOU CAN'T JUST REMOVE THE WORD FROM BOTH SENTENCES AND IT STILL BASICALLY SAYS THE SAME THING. DO WE, AT SOME POINT, ARE THEY GONNA SAY, THIS IS THE LEVEL THAT HAS TO BE MAINTAINED? 'CAUSE WHETHER YOU SAY IT'S REASONABLE OR NOT REASONABLE DOESN'T REALLY MATTER IF THEY DON'T KNOW WHAT REASONABLE IS. IN THE SECOND PART, THE, THE WORD REASONABLE IS, IS ESTABLISHED BECAUSE OF THE, THE CODE GOALS. SO THAT REASONABLE IS, WOULD AT LEAST TO THE CHAIR. BUT IN THE FIRST ONE, YOU WOULDN'T NECESSARILY NEED IT THERE IF YOU JUST DELETED IT. YEAH. IT DOESN'T CHANGE THE SENTENCE AT ALL. CONCERNS. OKAY. THEN THE CHAIR WOULD, I GUESS, UH, ACCEPT A MOTION TO, WELL, ACTUALLY, CHAIRMAN ACCEPT A MOTION. I WON'T SPECIFY WHAT THAT MOTION SHOULD BE. AND SINCE YOU MADE YOUR COMMENT, YOU MIGHT WANNA PUT, PUT THAT IN MOTION. I MOVE THAT WE DELETE REASONABLE FROM THE FIRST PORTION OF THE PROPOSED CHANGE TO THE 20 21, 1 0 1 0.3. AND LEAVE THE WORD REASONABLE OUT AND KEEP IT IN THE LAST SENTENCE. AND IT'S SOMEWHERE THEREIN COME UP WITH A DEFINITION. AND MAYBE THAT TOO MUCH, WELL, AS YOU SAID IN YOUR FIRST COMMENT, WAS IF YOU LEAVE IT OUT, THEN A LEVEL WOULD BE ESTABLISHED. SO THAT WOULD BECOME BY PRACTICE AND ESTABLISHED. SO THE MOTION IS TO DELETE THE WORD REASONABLE IN THE FIRST LEVEL OF HEALTH, AND THEN KEEP THE REASONABLE IN A MINIMUM LEVEL OF [00:35:01] HEALTH AND SAFETY AT THE BOTTOM OF THAT. DO I HAVE A SECOND ON THAT MOTION? IF NOT A SECOND, THEN WE WILL TABLE THE MOTION. DO WE HAVE ANOTHER MOTION, UH, FOR THAT PARTICULAR CODE? MR. ROBERT TOP, YOU HAVE MOTION TO ACCEPT AS WRITTEN MOTION IS MADE TO ACCEPT THE CHANGE AS WRITTEN. SECOND. AND WE HAVE A SECOND. ANY DISCUSSION? ALL IN FAVOR OF ACCEPTING THE PROPOSED, UH, DRAFT, SAY AYE. AYE. AYE. OH, UH, DISCUSSION MA'AM. FOR, UH, SO THE DECISION IS TO KEEP THE WORD REASONABLE IN BOTH IN THE AMENDMENT AND ACCEPT THAT AMENDMENT TO THE S A P M C. THE MOTION IS WRITTEN HERE. NO, THAT'S ALREADY WRITTEN THERE. THIS IS WHAT IS BEING PROPOSED OR DISCUSSED FOR CHANGE. BUT 2021 DISCUSSION. I THOUGHT THE MOTION WAS TO SUPPORT LEGAL'S RECOMMENDATION. WAIT JUST A MINUTE. WE NEED TO RESOLVE THE FIRST, THE MOTION THAT'S ON THE TABLE RIGHT NOW. UH, THE QUESTION THAT WE'VE GOT, UH, FROM KAYLEE IS WHICH OF THE TWO ARE WE ACTUALLY TALKING ABOUT? IF YOU'RE LOOKING AT THE SCREEN, IT'S THE ITEM ON THE LEFT HAND SIDE. THE MOTION WAS TO ACCEPT THAT AS WRITTEN, MEANING THE WORDS REASONABLE WOULD BE KEPT IN BOTH, UH, THE UPPER PORTION AND THE LOWER PORTION OF THAT DRAFT. AND THE MOTION HAS BEEN SECONDED. WE WILL, UH, SINCE THERE'S SOME QUESTION, WE'LL ASK TO DO A RECALL IF WE, I MEAN A ROLL CALL ON THIS, UH, TO ACCEPT AS YOU SEE ON THE SCREEN AS PROPOSED CHANGE. WE'LL DO A ROLL CALL, PLEASE. WAIT, WAIT JUST A SECOND. NOPE, I I WANT A ROLL CALL, PLEASE. SO WE CAN RESOLVE IT. UH, HOWEVER, I WILL TAKE A DISCUSSION. SO, GO AHEAD. YEAH, BECAUSE THE DISCUSSION WAS ON THE OTHER END THAT HE THOUGHT WE WERE, THE RECOMMENDATION WAS TO ACCEPT THE COUNCIL'S VERSION. HE WAS ABOUT TO MAKE A SECOND MOTION. AND WE NEED TO DIS DISPOSE, DISCUSS THIS MOTION BEFORE WE, WE DO THAT. IN OTHER WORDS, HIS OPTION IS TO VOTE NO. WELL, HE, HE'S THE ONE THAT SECONDED. NO, HE DID NOT. TRUE. I'M THE ONE THAT SECONDED. HE SECONDED. AND I SECONDED BASED ON THE, UH, UH, PREMISE THAT WE'RE ACCEPTING LEGAL RECOMMENDATION. OKAY. THE MOTION HAS BEEN MADE AND HAS BEEN SECONDED. THE STILL ROLL CALL, PLEASE, MS. BROWN. AYE. FERNANDEZ. AYE. DAVID GARZA. AYE. KAYLA MIRANDA? NO. DWAYNE NELSON. AYE. ROBERT TAPIA. AYE. ANN WEINER ABSTAIN. MOTION PASSES WITH THE VOTE OF FIVE TO ONE TO ONE. SO ITEM NUMBER TWO HAS BEEN, UH, PASSED AS ACCEPTING, AS DRAFTED. SO WE CAN MOVE TO THE NEXT ITEM. NUMBER 10. AND THIS I THINK IS GONNA BE THE, ANOTHER ITEM THAT WAS TABLED. YEAH. NUMBER 10. NO, HE DIDN'T. I WOULD JUST LIKE TO REMIND THE BOARD THAT YOU ALL JUST ACCEPTED A MOTION TO DO WHAT SHE SAID NOT TO DO. YEAH, JUST SAYING CHAIR UNDERSTANDS THAT EXACTLY. UH, MR. CHAIR, I'D LIKE TO CALL AN EXECUTIVE SESSION, PLEASE TO DISCUSS A LEGAL MATTER. VERY GOOD. THE TIME IS NOW 1 52. UH, ON 10 JULY, THE BLUE STANDARDS BOARD, UH, COMMITTEE WILL RECESS, NO, EXCUSE ME, NOT RECESS, WILL, UH, CONVENE FOR A EXECUTIVE SESSION. THE TIME IS NOW TWO 10 ON 10 JUNE, 2022, THE BUILDING STANDARDS, UH, SAN ANTONIO PROPERTY MAINTENANCE CODE COMMITTEE, UH, HAS RECESSED AND THEY NOW, WE NOW RECONVENE AN OPEN SESSION. THERE WAS NO OFFICIAL ACTION TAKEN IN THE EXECUTIVE SESSION, UH, CHARITABLE YIELD TO KAYLA. I WOULD LIKE TO MOTION TO RESCIND THE LAST VOTE. I SECOND MOTION HAS BEEN MADE. AND SECOND TO AMEND, UH, TO RESCIND, EXCUSE ME, [00:40:01] THE LAST VOTE. ANY DISCUSSION ON THE MOTION? IF NO DISCUSSION? ALL IN FAVOR SAY AYE. AYE. THOSE OPPOSED SAY NAYYY. THE LAST VOTE IS RESCINDED. LET THE RECORD. SO ACCORDINGLY, UH, DO WE HAVE A MOTION ON ITEM NUMBER TWO OR A CHANGE MOTION ON ITEM NUMBER TWO, MR. CHAIR? UH, THIS IS LEGAL. UH, THE, UH, AGENDA LISTS, UH, PUBLIC COMMENT AT THE END OF TODAY'S SESSION. HOWEVER, UM, THAT, THAT IS A STANDARD PRACTICE FOR HEARINGS, WHEREAS, UH, THIS IS AN OPEN SESSION AND THE PUBLIC, UH, HAS A RIGHT TO DISCUSS THE ITEMS AS WE GO ALONG. AND SO I WOULD RECOMMEND THAT, UM, YOU ALLOW ANY, UH, PERSONS NOT SITTING ON THE DAAS, UH, TO COME SPEAK TO THE BOARD, UH, IF, UH, THEY SO WISH ON A PARTICULAR ITEM AS WE GO ALONG. SO THAT WOULD BE DONE AFTER WE, UH, BEFORE WE VOTE ON EACH ITEM, UH, FOR INPUT FROM THE PUBLIC? YES. UH, YES MA'AM. WE'LL DO THAT THEN. UH, BUT AT THE PRESENT TIME, WE DO NOT HAVE A MOTION ON THE TABLE. UH, IT'S OKAY TO GO AHEAD AND INVITE PUBLIC COMMENT BEFORE WE HAVE A MOTION. UH, ACTUALLY IT WOULD, UH, UH, YOU WOULD NEED TO HAVE A MOTION AND A SECOND TO ENTER INTO DISCUSSION AT WHICH POINT THEN EVERYONE HAS A RIGHT TO SPEAK. OKAY? THEN, UH, WE ARE STILL ON ITEM TWO, AND THE CHAIR AGAIN WOULD ENTERTAIN A MOTION. UM, MR. CHAIR, UM, THIS IS FRED ANIS. I'D LIKE TO MOTION THAT WE ACCEPT UNDER THE 2021 I P M C, UH, ARTICLE 1 0 1 0.3 WITH THE REMOVAL OF THE WORD REASONABLE IN THE FIRST PART AND LEAVING REASONABLE IN THE SECOND PART. WE GOTTA PUT A MOTION FIRST. THE MOTION IS TO ACCEPT THE 2021 I P C PROPOSAL FOR ITEM 1 0 1 0.3. UH, IS THERE A SECOND? THE MOTION IS TABLED. SINCE THERE IS NO SECOND CHAIR WOULD ENTERTAIN A SEPARATE MOTION TO ACCEPT OR ACCEPT. EXCUSE ME. I ACCEPT A SEPARATE MOTION FOR 1 0 1 0.3. UH, MR. CHAIRMAN, I MOVE THAT WE ACCEPT THE 2021 VERSION, MINUS THE WORDS REASONABLE IN BOTH OF THE SENTENCES. IN BOTH POSITIONS ARE IN THE FIRST POSITION IN BOTH POSITIONS. IN BOTH POSITIONS. THE MOTION ON THE TABLE IS TO ACCEPT 2021 I F P M C FOR ITEM 1 0 1 0.3 BY REMOVING THE WORDS REASONABLE IN BOTH LOCATIONS. IS THAT A CORRECT MOTION? REPEAT? THERE'S NO, I . AND WAS THAT A CORRECT? CORRECT. OKAY. DO WE HAVE A SECOND ON THAT MOTION? NO. COUNCIL, I TO HAVE A SECOND ON THE MOTION. IT IS TABLED. DO WE HAVE A DIFFERENT MOTION? I MOTION THAT WE ACCEPT THE 2018 SS A P M C WITH, UH, REMOVING THE FIRST, OR I GUESS REASONABLE IS NOT IN THERE, SO JUST KEEPING IT AS IS. WE HAVE TO HAVE A MOTION. STATE IT AGAIN PLEASE. SO I MOTION THAT WE KEEP THE 2018 SS A P M C SECTION 1 0 1 0.3 AS IS I SECOND IT THE 2018. IS THAT A CORRECT? YES. OKAY. THE MOTION IS TO, UH, MAINTAIN THE 2018 S A P M C, UH, AS WRITTEN. AND THERE IS A SECOND. ANY DISCUSSION ON THAT MOTION AS WE BRING IN THE COUNCIL, AS AS A COMMUNITY? WE, WE CAN, THAT'S WHAT SHE JUST SAID. OH YEAH. WHEN YOU PUT IN THE, THE, THEN THE DISCUSSION WHEN YOU BRING IN THE COMMUNITY. OKAY. YEAH. THE, THE DISCUSSION THAT WE'RE HAVING AMONG THE, THE PANEL IS CLARIFICATION ON WHAT TIME WE WILL INVITE PUBLIC COMMENT. THE MOTION ON THE TABLE, UH, AT THE PRESENT TIME IS TO MAINTAIN THE 2018 S A P M C [00:45:01] ON, UH, PARAGRAPH 1 0 1 0.3 INTENT, UH, AND HAS BEEN SECOND. UH, WE WOULD INVITE, AT THIS TIME ANY PUBLIC COMMENT ON THAT MOTION. OKAY. THEN WE WILL CALL THE MO THE MOTION AGAIN. THE MOTION IS TO, TO MAINTAIN THE 2018 SS A P M C AS, UH, WRITTEN. UH, AND THE MOTION HAS BEEN SECONDED. UH, LET'S DO A ROLL CALL ON THIS ONE BECAUSE OF THE LENGTH OF TIME THAT WE'VE HAD ON IT. MS. BROWN. AYE. FRED, FRED ANDES. NAY. DAVID GARZA. AYE. KAYLA MIRANDA. AYE. JOY NELSON. AYE. ROBERT, UH, TAPIA NAYYY. ANN WEINER. AYE. THE MOTION PASSES WITH THE VOTE OF FIVE TO TWO. SO WE WILL MAINTAIN 2018 SS A P M P C AS WRITTEN. WITH THAT, DANNY, WE'RE READY TO MOVE TO, I THINK IT WAS ITEM 10. YES, SIR. BEFORE WE MOVE ON TO ITEM NUMBER 10, DURING THE EXECUTIVE SESSION, UM, A MEMBER FROM THE AUDIENCE, MR. MATTHEW GARCIA, UH, ASKED IF HE CAN COME UP AND SPEAK. UM, HE HAS SOME GENERAL COMMENTS HE'D LIKE TO MAKE BEFORE, UH, THE OPENING OF THE MEETING. AND SO I DEFER TO THE BOARD IF THEY WANNA INVITE HIM UP TO SAY ANY COMMENTS IF YOU WOULD, IF YOU WOULD PLEASE, SIR, STATE YOUR NAME AND YOUR HOME ADDRESS. YES, SIR. UH, MY NAME IS MATTHEW GARCIA. I'M A RESIDENT OF SAN ANTONIO CITY COUNCIL DISTRICT ONE, AND I LIVE, CAN YOU HEAR ME? IS THAT BETTER? OKAY. THE, THE FACT THAT YOU'RE A RESIDENT OF SAN ANTONIO IS SUFFICIENT. YOU DO NOT NEED TO GIVE YOUR, YOUR ADDRESS. COUNSEL, AM I CORRECT WITH THAT STATEMENT? YES, YOU ARE RIGHT. THANK YOU. SO YOU'RE A RESIDENT OF SAN ANTONIO. THANK YOU. YES. I'M A RESIDENT OF SAN ANTONIO CITY COUNCIL DISTRICT ONE. AND I'VE GOT, UH, HANDOUT THAT I'D LIKE TO SHARE WITH THE, UH, COMMITTEE AND ABOUT PLEASE, IF YOU COULD JUST PASS IT DOWN, THAT'D BE EASIER. UH, SO AGAIN, MY NAME IS MATTHEW GARCIA. UM, I'M HERE REPRESENTING ONLY MYSELF TODAY AS A RESIDENT OF SAN ANTONIO. UH, PROFESSIONALLY, I'M A CIVIL RIGHTS ATTORNEY WITH TEXAS RIO GRANDE LEGAL AID, AND I'M ALSO THE PRESIDENT OF THE ALTA VISTA NEIGHBORHOOD ASSOCIATION. UH, BUT TODAY, UM, I'M NOT HERE REPRESENTING EITHER OF THOSE O ORGANIZATIONS. AND I'VE TAKEN TIME OFF WORK, UH, TO BE HERE. AND I REPRESENT ONLY MYSELF. I GRADUATED FROM STANFORD LAW SCHOOL AND THEN CLERKED ON THE UNITED STATES SIXTH CIRCUIT COURT OF APPEALS, WHERE I ANALYZED AND HELPED DECIDE NUMEROUS LEGAL CLAIMS UNDER THE UNITED STATES CONSTITUTION. AND I CAME TO SAN ANTONIO AFTER STANFORD AWARDED ME A POSTGRADUATE, UH, PUBLIC INTEREST FELLOWSHIP TO ADVOCATE ON BEC BEHALF OF LOW-INCOME FAMILIES FACING HOUSING INSECURITY. AND I'VE SPENT THE PAST COUPLE OF YEARS RESEARCHING THE REQUIREMENTS OF DUE PROCESS, REVIEWING THE I P M C, THE S A P M C, THE CITY CODE OF SAN ANTONIO, AS WELL AS SPEAKING WITH, UH, INDIVIDUALS AND FAMILIES WHOSE LIVES HAVE BEEN UPENDED BY THE PROVISIONS OF THE SS A P M C. UH, AND I'VE BEEN FOLLOWING ALONG THE PAST WEEKS AS THIS COMMITTEE HAS, HAS MET, AND I'D LIKE TO SHARE A LITTLE BIT ABOUT WHAT I'VE LEARNED. SO FIRST, A QUICK WORD ABOUT DUE PROCESS AND WHAT IT MEANS. THE 14TH AMENDMENT OF THE US CONSTITUTION STATES THAT THE US GOVERNMENT OR ANY LOCAL GOVERNMENT SHALL NOT DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW. AND THE US SUPREME COURT HAS SAID FOR MANY YEARS THAT A FUNDAMENTAL REQUIREMENT OF DUE PROCESS IS THE OPPORTUNITY TO BE HEARD. IT IS AN OPPORTUNITY WHICH MU MUST BE GRANTED AT A MEANINGFUL T TIME AND IN A MEANINGFUL MANNER IF THE GOVERNMENT DEPRIVES SOMEONE OF THEIR PROPERTY WITHOUT A MEANINGFUL OPPORTUNITY TO BE HEARD. IT'S A VIOLATION OF THE CONSTITUTION. THE SAN ANTONIO PROPERTY MAINTENANCE CODE PROVIDES BROAD DISCRETION AS IT'S CURRENTLY WRITTEN TO CODE OFFICIALS TO DEPRIVE RESIDENTS OF THEIR HOME. UNDER SS A P M C, SECTION 1 0 8 0.1 0.3, A CODE OFFICER CAN DETERMINE THAT A HOME IS UNFIT FOR HUMAN OCCUPANCY. IF, FOR EXAMPLE, THAT CODE OFFICIAL BELIEVES THAT THE STRUCTURE IS INSANITARY OR CONTAINS FILTH, THESE TERMS, HOWEVER, ARE NOWHERE DEFINED WITHIN THE SS A P M C. LEAVING THAT UP TO THE CODE S INTERPRETATION. ONCE THE CODE OFFICIAL DETERMINES THAT THE HOME IS UNFIT FOR HUMAN OCCUPANCY, SECTION 1 0 8 0.1 OF THE S A P M C SAYS THAT THE HOME IS DEEMED A THREAT TO THE PUBLIC HEALTH. THEN SECTION 1 0 8 0.4 OF THE SS A P M C IMMEDIATELY PROHIBITS OCCUPANCY OF THE STRUCTURE AND THE HOMEOWNERS MUST VACATE. SIMILARLY, SECTION 1 0 9 0.1 EMPOWERS THE CODE OFFICIAL TO ORDER RESIDENTS TO LEAVE THEIR HOMES. SO, IN SUMMARY, THE S A P M C CURRENTLY AUTHORIZES A CODE OFFICIAL TO DETERMINE THAT A STRUCTURE IS EITHER INSANITARY OR CONTAINS FILTH, AND THEN IMM IMMEDIATELY ISSUE AN ORDER TO VACATE. THESE [00:50:01] STEPS OCCUR WITHOUT A PRIOR HEARING. UNDER THE RULES SET OUT BY THE SS A P M C, A CODE OFFICER MAY ORDER A RESIDENT TO LEAVE THEIR HOME AND DEPRIVE THEM OF THEIR PROPERTY WITHOUT GIVING THEM A PRIOR OPPORTUNITY TO RESPOND. AND MANY OF YOU ARE MEMBERS OF THE B S B. TO BE CLEAR, THE S A P M C CURRENTLY ALLOWS HOMEOWNERS TO BE ORDERED TO VACATE THEIR HOMES WITHOUT A PRIOR B S B HEARING. INSTEAD, THE CITY CODE IN A PROVISION OUTSIDE OF THE SS A P M C, UH, STATES THAT A HOMEOWNER MAY FILE AN APPEAL NO LATER THAN 10 BUSINESS DAYS AFTER SERVICE OF NOTICE AS PROVIDED BY THE S A P M C. AND THAT'S AT CHAPTER SIX, ARTICLE EIGHT, SECTION SIX DASH 1 78. SO, UH, ORDERS TO VACATE AND I'VE PROVIDED, UH, COPIES OF A, A COUPLE SAMPLES FOR THE, FOR THE COMMITTEE ORDERS TO VACATE. DO NOT CURRENTLY CONTAIN A NOTICE OF THE RIGHT TO APPEAL AND DO NOT EXPLAIN HOW TO FILE AN APPEAL. MOST HOMEOWNERS WHO RECEIVE AN ORDER TO VACATE NEVER LEARN ABOUT THIS. RIGHT. THEREFORE, THE CURRENT PROCESS IS CONSTITUTIONALLY INADEQUATE. THE CURRENT PROCESS DOES NOT GIVE HOMEOWNERS AN OPPORTUNITY TO BE HEARD AT A MEANINGFUL TIME AND IN A MEANINGFUL MANNER PRIOR TO BEING ORDERED TO LEAVE THEIR HOMES. NOW, THERE ARE CERTAINLY SOME EMERGENCY SITUATIONS WHERE THERE IS NO TIME FOR A HEARING. IF A BUILDING IS BURNING OR ABOUT TO COLLAPSE, THE CITY SHOULD UNDOUBTEDLY HAVE THE POWER TO ACT QUICKLY. BUT THE SS A P M C GOES FAR BEYOND THAT, AUTHORIZING ORDERS TO VACATE WITHOUT A HEARING, SIMPLY BECAUSE A CODE OFFICER BELIEVES THAT THE HOME IS UNSANITARY OR CONTAINS FILTH. IN STARK CONTRAST TO THE SS A P M C, THE INTERNATIONAL PROPERTY MAINTENANCE CODE ALLOWS ORDERS TO VACATE WITHOUT A PRIOR OPPORTUNITY TO RESPOND ONLY IN THREE EMERGENCY SITUATIONS. ONE, IF THERE IS AN IMMINENT DANGER OF FAILURE OR COLLAPSE OF A BUILDING. TWO, WHEN ANY STRUCTURE OR PART OF A STRUCTURE HAS FALLEN AND LIFE IS ENDANGERED BY THE OCCUPATION OF THAT STRUCTURE. AND THREE, WHEN THERE IS ACTUAL OR POTENTIAL DANGER BECAUSE OF EXPLOSIVES, EXPLOSIVE FUMES, TOXIC FUMES, ET CETERA. AND THAT IS SECTION ONE 12.1 OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE. SO YOU'VE HEARD THAT ORDERS TO VACATE ARE A LAST RESORT AND THAT THEY'RE ONLY USED IN EXTREME CASES. THAT DUE PROCESS IS A TOP PRIORITY. AND IN THE, UH, OPENING EXPLANATION TODAY, IT WAS STATED THAT ABATEMENT TAKES PLACE AFTER SEVERAL ATTEMPTS. THOSE STATEMENTS, HOWEVER, ARE NOT CURRENTLY CONTAINED WITHIN THE SS A P M C. AND THE CONVERSATION THAT WE'RE HAVING TODAY IS ABOUT A SET OF RULES. THESE RULES GIVE OUR CITY GOVERNMENT THE POWER TO INVADE PEOPLE'S HOMES AND TO REQUIRE THEM TO LEAVE. MR. CHAIRMAN A POINT OF ORDER. YES, SIR. UM, THE COMMENTS THAT WE ARE REQUESTING AND INVITING FROM THE PUBLIC, I'M WONDERING IF, I HAVEN'T HEARD VERY MUCH ABOUT THE PROPOSED CHANGE. I UNDERSTAND WHAT YOU'RE SAYING, BUT I ASKED A QUESTION, IS THIS APPROPRIATE AT THIS TIME? YES. I'M ABOUT TO FINISH IF THAT MAKES IT IS INTERESTING. BUT, UH, THE REASON I SAY THAT IS BECAUSE HE'S MAKING VERY GOOD POINTS. I UNDERSTAND THAT, BUT I'M JUST WONDERING, UH, THIS MEETING'S GOING TO TAKE FOREVER IF WE KEEP GOING ON TANGENTS THAT ARE VERY IMPORTANT AND VALID. BUT I WANNA KNOW WHAT HE THINKS ABOUT THE ITEM THAT WE'RE DISCUSSING. Y YES, SIR. SO I I I CAME AND BE SPECIFIC TO IT. YES, SIR. SO I, I CAME TODAY JUST TO PROVIDE SOME GENERAL COMMENTS TO THE COMMITTEE ABOUT WHAT I'VE LEARNED HAVING DONE THE, THE RESEARCH ON THIS. UM, I'M, I'M HAPPY TO SUBMIT FURTHER COMMENTS ABOUT PROPOSED SPECIFIC CHANGES. UM, BUT I DID WANT TO GIVE THE COMMITTEE A, A SENSE OF MY OVERALL IMPRESSION OF, OF THE S A P M C. AND IT, IT'S, MY BELIEF BASED ON YOUR ORIGINAL COMMENT WAS THAT YOU WERE MAKING A COMMENT BASED ON THE INFORMATION THAT DANNY PROVIDED IN HIS OPENING COMMENTS THAT TALKED ABOUT HOW DO WE DO THINGS. SO HE ACTUALLY IS NOT ADDRESSING THE ISSUE PER SE, AS YOU INDICATED AT HAND, BUT HE IS ADDRESSING WHAT WAS PRESENTED TO THE PANEL, UH, IN THE EARLY COMMENTS. AND WHILE I ORIGINALLY SAID TO, UH, SOMEONE IT WAS OUTSIDE THE PURVIEW, UH, I, I THINK I WANT TO HEAR IT, BUT I DO WANT TO AGREE THAT YOUR, UH, POINT OF ORDER IS CORRECT. BUT LET ME ASK THE QUESTION, HOW MUCH MORE TIME HAVE YOU GOT? UH, 30 SECONDS, SIR. 30 SECONDS. IF, IF THE PANEL DOES NOT OBJECT, I WOULD LIKE TO HEAR THE LAST 30 SECONDS OF THE COMMENT BECAUSE IT HAS POTENTIAL IMPACT ON OTHER THINGS. NO, I UNDERSTAND. AND THEN WE MAY GO, SO WE'LL, WE'LL GIVE HIM A CHANCE TO FINISH HIS COMMENTS BECAUSE IT IS BASED ON PRIOR [00:55:01] COMMENTS MADE BY DANNY. SO GO AHEAD AND FINISH IF YOU WOULD PLEASE. THANK YOU, COMMITTEE. I APPRECIATE IT. SO, JUST TO REITERATE, THE CONVERSATION THAT WE'RE HAVING IS ABOUT A SET OF RULES. AND THESE RULES GIVE OUR CITY, UH, THE POWER TO INVADE PEOPLE'S HOMES. AND THAT POWER CAN BE JUSTIFIED, BUT IT MUST BE CAREFULLY DEFINED TO MINIMIZE THE POSSIBILITY OF ABUSE AND TO ALLOW HOMER HOMEOWNERS AN OPPORTUNITY TO PARTICIPATE. AND THE CITY IS RIGHTLY CONCERNED ABOUT THE HEALTH AND SAFETY OF OUR NEIGHBORS. AND CODE ENFORCEMENT OFFICIALS HAVE SIGNIFICANT KNOWLEDGE, DECADES OF EX EXPERIENCE EXTENSIVE TRAINING, BUT UNFORTUNATELY, THE CITY EMPLOYEES THAT YOU TRUST WILL NOT BE DOING THIS WORK FOREVER. BUT THIS DOCUMENT, THE S A P M C WILL CONTINUE TO DEFINE WHEN THE GOVERNMENT CAN TAKE AWAY SOMEONE'S HOME. SO WHAT I'M ASKING FOR IS A SIMPLE, SMALL AND REASONABLE REQUEST THAT WHEN THERE IS NO IMMEDIATE EMERGENCY, HOMEOWNERS SHOULD GET A HEARING BEFORE THEIR HOMES ARE TAKEN AWAY. SO TO ENSURE THAT OUR PROPERTY IN DUE DUE PROCESS RIGHTS ARE RESPECTED, I URGE YOU TO ADOPT THE NOTICE, HEARING AND APPEAL REQUIREMENTS THAT ARE ALREADY CONTAINED WITHIN THE INTERNATIONAL PROPERTY MAINTENANCE CODE. THANK YOU. OKAY. UH, IN RESPONSE, ACTUALLY, I'M GONNA GIVE, UH, A LAYMAN'S RESPONSE TO IT, AND THEN WE'LL GO TO COUNSEL TO GIVE LEGAL RESPONSE TO THAT. UH, THIS, THIS IS PREDICATED ON MULTIPLE YEARS OF SERVING ON THE BUILDING STANDARDS BOARD, AS WELL AS MULTIPLE YEARS OF DEALING WITH HOMEOWNER ASSOCIATIONS, PROPERTY OWNERS, ASSOCIATIONS, ET CETERA. AND I AM NOT AN ATTORNEY. IT'S IMPORTANT TO MAKE THAT POINT BECAUSE A LOT OF PEOPLE IN MY POAS THINK SOMETIME I'M AN ATTORNEY AND I'M NOT AN ATTORNEY. UH, BUT THERE, THERE IS, IN, IN THIS PARTICULAR CASE, IN THE CITY OF SAN ANTONIO, THERE IS SIGNIFICANT DUE PROCESS OPPORTUNITY PROVIDED. UH, AND THERE OFTENTIMES IS THE CONFUSION ABOUT WHO IS ORDERING WHAT AS OPPOSED TO WHO IS DIRECTING, AS OPPOSED TO ORDERING AN ORDER, OBVIOUSLY HAS TO BE, HAS TO BE FULFILLED. UH, A A NOTICE TO VACATE IS PREDICATED ON THE INFORMATION THAT A CODE OFFICER ACTUALLY HAS AVAILABLE TO 'EM AT THAT TIME. AND THEY'RE SAYING THAT BASED ON THEIR BELIEF THAT IT WOULD BE PROPER TO VACATE THE PROPERTY. UH, THERE, THERE IS NOTHING THAT THE CODE OFFICER CAN DO WITH THAT NOTICE OTHER THAN NOW BRING IT TO THE BUILDING STANDARDS BOARD. AND THE BUILDING STANDARDS BOARD CAN ACTUALLY DRAFT AN, UH, ACTUALLY WRITE AN ORDER TO VACATE. YES, SIR. SO THERE'S A SLIGHT DIFFERENCE BETWEEN WHAT A CODE OFFICER IS DOING AND WHAT THE BUILDING STANDARDS BOARD IS DOING. UH, HOWEVER, I I APPRECIATE YOUR COMMENTS 'CAUSE YES, IT HELPS ME PERSONALLY. YES, SIR. WITH SOME OTHER THINGS THAT I DEAL WITH. IF MR. CHAIR MAY ONE THING IN RESPONSE, WAIT JUST A MINUTE. LET LET HIM RESPOND TO THAT. YEAH, I'LL LET YOU RESPOND. JUST THAT THE NOTICES THAT I'VE PROVIDED, I THINK FROM THE PERSPECTIVE OF A HOMEOWNER, THEY DON'T UNDERSTAND THAT DIFFERENCE. AND AND THAT'S TRUE. THE ORDER THAT THEY RECEIVE SIMPLY SAYS YOU MUST VACATE. YEAH. AND, AND THAT'S SOMETHING THAT WE COULD WORK ON. UH, UH, YEAH. BEFORE I TURN IT OVER TO LEGAL, I, I WANNA REFER TO YOU, UM, IN YOUR OWN WRITING HERE THAT YOU DETERMINE, OR IN YOUR STATEMENT ACTUALLY, YOU, YOU CONFLATED BOTH AT THE SAME TIME. YOU SAID THEY WERE ISSUING A ORDER TO VACATE IN YOUR OWN DOCUMENTS. HERE IT SAYS, NOTICE TO VACATE. YES, SIR. WE ISSUE ORDERS TO VACATE. YES, SIR. I, I UNDERSTAND THE, THE LEGAL DISTINCTION BETWEEN THOSE TWO TERMS. BUT AGAIN, FROM THE PERSPECTIVE OF A HOMEOWNER WHO RECEIVES THIS LETTER, IT IS OPERATIONALLY AN ORDER TO LEAVE THEIR HOME. AND, AND WITH THAT, I'LL TURN IT OVER TO COUNSEL, OR I'LL TURN IT OVER TO COUNSEL. OKAY. IF YOU ALLOW ME TO, WOULD YOU LIKE ME TO REMAIN UP HERE OR, UH, GO AHEAD AND BE SEATED IF YOU WOULD PLEASE. THANK YOU, SIR. THANK YOU. BOARD MEMBER ANDIS . NO PROBLEM. UH, JUST A, A COUPLE OF POINTS I WANNA BRING TO YOUR ATTENTION. UH, THE, UH, THE DOCUMENTS THAT WERE SUBMITTED TO YOU, IF YOU WILL NOTE THE DATES OF THE NOTICES TO VACATE 20 19 20 20. UH, WE'VE ALREADY, UH, HAD MEETINGS AT WHICH, UH, BOTH TRELLO LAWYERS, UH, WE'RE PRESENT WHERE THE CITY AGREED. UH, YES. UH, WE SHOULD PUT IN THE INFORMATION AS TO RIGHT TO APPEAL. UH, DEPUTY TOMAZ HAS WHAT THE NOTICE TO VACATE STATES AS OF 2021. SO I JUST WANTED TO CLARIFY THAT. UM, AND AGAIN, I I, UH, Y'ALL ARE SICK OF HEARING ME SAY IT CONSTANTLY, BUT I WILL DO SO AGAIN. UM, THE B SS B NOR CODE ENFORCEMENT CONDEMNS PROPERTIES, THERE IS NO TAKING OF HOMES, CODE ENFORCEMENT AND THE B S B [01:00:01] ABATE PUBLIC NUISANCES. SO I JUST WANT TO, AND I'VE SAID IT MULTIPLE TIMES, SO I, UH, I DISAGREE WITH THE WORDS, UH, UTILIZED, UH, THAT CODE ENFORCEMENT INVADES PEOPLE'S HOMES. UH, ALL INSPECTIONS, UH, ARE PURSUANT TO A WARRANT DULY SIGNED BY A JUDGE BASED ON PROBABLE CAUSE. AND ALSO, UH, WITH ALL DUE RESPECT, UH, I I WANT TO MAKE SURE THAT WE'RE CAREFUL ABOUT THE WORDS THAT ARE USED. 'CAUSE UH, AS, UH, IT'S BEEN PREVIOUSLY STATED, EVERY WORD HAS MEANING. UH, EVERY WORD HAS DIFFERENT LEGAL MEETINGS. THIS BOARD, NOR CODE ENFORCEMENT TAKES PEOPLE'S HOMES AWAY. OWNERSHIP REMAINS WITH THE PROPERTY OWNER, THIS BOARD AND CODE ENFORCEMENT ABATES HOMES. JUST WANNA REMIND Y'ALL ABOUT THAT. AND, UM, JUST FINALLY, UH, AS THE ADVISOR FOR THE BUILDING STANDARDS BOARD, AS WELL AS, UH, FOR CODE ENFORCEMENT AND AS A CITY ATTORNEY, UH, WHAT WAS PRESENTED TO YOU, UH, IS OPINION. AND, UH, ONLY THE CITY ATTORNEY MAY PROVIDE YOU LEGAL INTERPRETATIONS OF ALL APPLICABLE LAWS. AND JUST ONE ADDITIONAL COMMENT, IF I MAY COUNSEL, UH, IN EVERY BUILDING STANDARDS BOARD MEETING, WE MAKE A SPECIFIC ANNOUNCEMENT THAT SHOULD A PROPERTY OWNER DISAGREE WITH THE FINDINGS OF THE BUILDING STANDARDS BOARD, THERE IS A RIGHT OF APPEAL. SO IN, EVEN WITH THE BUILDING STANDARDS BOARD, THERE IS CONTINUATION OF DUE PROCESS BECAUSE OF THE RIGHT TO APPEAL. UH, SIR, THANK YOU VERY MUCH FOR, FOR PRESENTING THAT INFORMATION TO US. LIKE I SAID, IT HELPS ME IN SOME OTHER THINGS THAT I DEAL WITH, UH, AND FOR THE PUBLIC, IT'S GOOD TO HAVE THOSE KINDS OF COMMENTS AND THOSE KINDS OF INPUTS. SO I THANK YOU AGAIN FOR PROVIDING THAT TO US CHAIR. IF, IF I COULD MAKE A COMMENT YES, SIR. GO AHEAD. THANK YOU. UM, I FOUND THE, THE PUBLIC COMMENTER, UH, THE COMMENTS, UH, VERY PERTINENT TO, TO OUR DISCUSSION, AND I APPRECIATE THAT. UM, HOWEVER, UH, I'M NOT A, AN ATTORNEY, UH, BUT WHEN I SEE A NOTICE TO VACATE, UH, IT, IT SOUNDS TO ME LIKE YOU'RE MAKING ME LEAVE MY HOUSE. AND MOST OF THE RESIDENTS HERE IN SAN ANTONIO, THEY DON'T, THEY DON'T MAKE A, A DISTINCTION WHETHER IT'S A NOTICE OR, OR AN ORDER. AND, UH, SO, SO BASICALLY WHAT, WHAT IS HAPPENING WITH THESE NOTICES TO VACATE IS THAT, UH, IT'S TAKEN A PRIVATE PROPERTY. UH, AND THIS IS BEFORE THERE IS DUE PROCESS. UH, WHEN YOU RECEIVE A NOTICE TO VACATE, IT SOUNDS LIKE TO ME, AS A LAY PERSON, YOU ARE MAKING ME LEAVE MY HOUSE. OKAY. OPINION NOTED. UH, ANY OTHER COMMENTS? UM, AND JUST IN ADDITION TO THIS NOTICE TO VACATE, THAT WAS JUST DISTRIBUTED TO US, IF YOU LOOK AT THE THIRD PARAGRAPH, IT SAYS, THIS PROPERTY IS HEREBY ORDERED TO BE VACATED. SO IF YOU'RE SAYING THAT THERE'S AN DIFFERENCE BETWEEN NOTICE AND ORDER, THEN MAYBE YOU SHOULD SAY THAT THIS PROPERTY IS NOTICED OR IS HEREBY NOTICED TO VACATE NOT ORDERED, BECAUSE THAT IS A VERY CLEAR DISTINCTION THAT NEEDS TO BE MADE FOR COMMUNITY MEMBERS. AND IF YOU'RE TRYING NOT TO CONFUSE THEM, HOWEVER, THEY TELL YOU WHY THEY WANTED VACATED. AND THAT'S BECAUSE IT'S DANGEROUS. SO I DON'T SEE WHY WE SHOULDN'T HAVE AN ORDER TO VACATE WHEN YOU'RE IN A DANGEROUS PROPERTY THAT YOU KNOW, IT DOESN'T HAVE WATER, DOESN'T HAVE ELECTRIC, BLAH, BLAH, BLAH. UH, BECAUSE THE ONLY PEOPLE THAT CAN ORDER A VACATE IS US. THE B, S B, IT LOOKS LIKE WE HAVE A COMMENTER WHO WANTS TO COMMENT FROM THE PUBLIC. SAY THAT AGAIN. COMMENT. UM, SOMEONE HAS THEIR HAND UP IN THE AUDIENCE. UH, THANK YOU. YEAH, I DID SEE IT. PLEASE COME FORWARD AND AGAIN, STATE YOUR NAME AND VERIFY THAT YOU'RE A RESIDENT OF SAN ANTONIO. YES, MY NAME IS LETICIA SANCHEZ AND I'M A RESIDENT OF DISTRICT FIVE. UM, AND, UH, [01:05:01] MY CONCERN WITH THIS NOTICE ALSO IS, UH, NUMBER ONE, UM, TO YOUR POINT ABOUT THE STRUCTURE IS UNSAFE, MY CONCERN IS THAT THE PE I KNOW YOU BELIEVE THAT CODE ENFORCEMENT OFFICERS, AND THEY DO HAVE A LOT OF EXPERIENCE OR WHATEVER, BUT WITH REGARDS TO STRUCTURES OF BUILDINGS, THEY ARE NOT CERTIFIED, UH, OR PROFESSIONAL STRUCTURAL ENGINEERS. SO THE A PERSON WHO HAS NOT HAD THE TRAINING, UH, AND DOES NOT KNOW ABOUT BUILDING STRUCTURES, SHOULD NOT BE THE PERSON MAKING THIS DETERMINATION. SO, UM, YOU KNOW, I UNDERSTAND WHAT YOUR, YOUR POINT IS. AND THE OTHER, THE ONLY OTHER POINT I WAS GONNA MAKE IS YOU'VE HIGHLIGHTED , OR YOU BOLDED THE VACATED WITHIN 72 HOURS. UM, MAYBE YOU COULD ALSO, UH, BOLD THE, UH, WHERE IT TALKS ABOUT THE APPEAL PROCESS AND ADD A LITTLE BIT MORE INFORMATION THERE, BECAUSE THAT DOESN'T STAND OUT. YOU KNOW, YOU MIGHT ONLY GET TO , UH, VACATING WITHIN 72 HOURS, UH, AND, AND STOP READING BECAUSE THAT, I, I'M, I'M A CO-CHAIR OF A, OUR RESIDENT ASSOCIATION, AND I DEAL WITH A LOT OF, UH, YOU KNOW, I GET A LOT OF RESIDENTS WHO CALL ME PANICKED. AND SO I'M JUST TALKING ABOUT WHAT PEOPLE GO THROUGH WHEN THEY HAVE TO DEAL WITH THESE NOTICES. JUST ON A NOTE. UM, THANK YOU. SHE'S CORRECT. I DEAL WITH A LOT OF, UH, TENANT ISSUES. I WAS EVICTED MYSELF, UH, WRONGFULLY AND IT WAS OVERTURNED. BUT, UM, IF WE COULD JUST BOLD THE, THE APPEAL AND MAKE IT STAND OUT A LITTLE BIT MORE. BECAUSE WHEN YOU RECEIVE SOMETHING LIKE THIS, YOUR MIND GOES STRAIGHT TO PANIC MODE. YOU MIGHT GET TO THE FIRST SENTENCE, BUT YOU'RE NOT GONNA READ THE WHOLE DOCUMENT RIGHT AWAY. UM, SO I MEAN, THAT, THAT'S A GREAT SUGGESTION. UH, BUT ONE OTHER THING, I, I DID WANNA, UM, REMIND, UH, EVERYONE THAT, THAT WE DID AGREE TO HAVE THESE OPEN DISCUSSIONS WITH MEMBERS OF THE PUBLIC AND TO MAKE SURE THAT EVERYONE'S VOICE WAS HEARD. SO WE DON'T WANT TO RUSH PEOPLE THROUGH THEIR COMMENTS OR TRY TO RUSH THROUGH THIS PROCESS. UH, WE WANNA MAKE SURE THAT WE'RE GETTING ALL THE INFORMATION THAT WE POSSIBLY CAN SO THAT WE CAN HAVE, UM, A GOOD ROUNDED OPINION. THANK YOU. YES, MA'AM. IF YOU WOULD PLEASE COME FORWARD. THANK YOU FOR YOUR TIME. MY NAME IS IRMA HOFFMAN, AND I'M A RESIDENT OF SAN ANTONIO. CAN YOU HEAR ME? YOU'LL HAVE TO SPEAK UP BECAUSE WE CANNOT HEAR YOU. MY NAME IS IRMA HOFFMAN, AND I'M A RESIDENT OF SAN ANTONIO. UH, IS THERE MICROPHONE ON? MAY YOU MOVE IT DOWN THIS WAY? YEAH. OKAY. THANK YOU AGAIN. UH, WE DID NOT HEAR IT. I, UNLESS YOU HEARD IT FOR THE RECORD. ALRIGHT. NAME. CAN YOU HEAR ME NOW? NAME VERIFICATION. ALRIGHT. AND I, I SAY THIS RESPECTFULLY, AND I, I KNOW LIKE, YOU KNOW, YOU ALL, YOU HAVE MENTIONED THAT WORDS ARE VERY IMPORTANT, AND THEY ARE, I'M NOT HEARING THIS, BUT WHEN, UM, IT IS SAID THAT THERE'S A DIFFERENCE BETWEEN NOTICE AND ORDER, YOU KNOW, PEOPLE IN GENERAL WILL TAKE IT AS A DIRECTIVE. THAT ONE MUST ACT IMMEDIATELY. AND IF I MAY GIVE, AND THIS EX, THIS EXAMPLE MAY SEEM EXTREME, BUT IF I SEE A SIGN ON THE DOOR THAT SAYS, NOTICE THERE IS AN ACTIVE SHOOTER IN THE BUILDING, I'M GOING TO LEAVE. IF IT SAYS ORDER THERE IS AN ACTIVE SHOOTER IN THE BUILDING, I'M GOING TO LEAVE. EITHER WAY, I'M NOT GOING TO QUESTION IT BECAUSE I'M JUST USING SIMPLE WORDS THAT ARE GIVING ME A DIRECTIVE. THANK YOU. THANK YOU, MA'AM. MR. CHAIRMAN, CAN I JUST, UM, IN THE, SPEAKING ABOUT THE OFFICERS THAT GO IN AND INSPECT THE HOMES, THEY DON'T NECESSARILY GO IN WITHOUT SOMEONE, UH, PROMPTING THEM TO COME AND LOOK AND TELLING THEM THAT THINGS ARE GOING ON IN THE HOUSE, ARE NOT GOING ON IN THE HOUSE. IT'S NOT LIKE THEY JUST KIND OF WALK UP TO A HOME AND GO, HMM, YOU JUST DON'T LOOK LIKE YOU'RE QUITE RIGHT. PLUS, I THINK THEY ARE MUCH MORE EDUCATED IN, IN THAT THAN YOU THINK. AND I'M NOT DISCOUNTING WHAT YOU SAID AT ALL, BUT, UM, I THINK THAT THE OFFICERS THAT HAVE TO GO DO THAT, THEY, THEY HAVE A VERY IMPORTANT JOB HERE. THANK YOU, MA'AM. ANY OTHER COMMENTS? MAY I SAY THAT WHEN THE OFFICERS GO IN, THEY'RE NOT LOOKING STRUCTURAL FOR STRUCTURAL DAMAGE? IF THEY SEE IT, [01:10:01] THEY MIGHT SAY SOMETHING, BUT THEY'RE NOT LOOKING FOR THAT BECAUSE THEY'RE NOT STRUCTURAL ENGINEERS. THEY DON'T HIRE A STRUCTURAL ENGINEER IN THE CODE, UH, CODE ENFORCEMENT OFFICE. SO WHEN THEY GO IN, THEY'RE LOOKING FOR SAFETY ITEMS, THEY'RE LOOKING FOR, UH, SANITARY ITEMS. THEY'RE LOOKING TO MAKE SURE THEIR CHILDREN ARE ABLE TO CONDUCT THEIR PLAYTIME OR EAT TIME UNDER A SAFE ENVIRONMENT. THAT'S BASICALLY WHAT THEY'RE LOOKING FOR. I WOULD LIKE TO SAY THAT, UM, REFERRING BACK TO MATT MATTHEW'S COMMENTS, UM, THAT HE MENTIONED EARLIER, HE DID SAY THAT, UM, THE, HE HAS SPOKEN WITH COMMUNITY AND THEY HAVE EXPRESSED THE DESIRE FOR HAVING THOSE, UM, QUALIFICATION, WELL, I WOULDN'T SAY QUALIFICATIONS, BUT JUST A SECOND OPINION WHEN IT COMES TO MANNERS THAT MAYBE THE CODE ENFORCEMENT OFFICER ISN'T NECESSARILY QUALIFIED TO ACT ON. SO I WOULD JUST LIKE TO MENTION THAT. AND ALSO I SAW ANOTHER HAND GO UP IN THE AUDIENCE. UM, UH, THERE, THERE IS OFTENTIMES THE, THE ASSUMPTION THAT COLD ENFORCEMENT OFFICERS ARE HIRED OFF THE STREET AS INDIVIDUALS AND THEY PUT TO WORK. THAT'S NOT THE CASE. THE INDIVIDUALS ARE HIRED WITH SPECIFIC REQUIRED QUALIFICATIONS BEFORE THEY COME TO WORK. AND THEN THERE'S ADDITIONAL TRAINING THAT GOES WITH THOSE INDIVIDUALS, UH, BEFORE THEY ACTUALLY GO OUT ON THEIR FIRST SITE. SO IT, IT'S NOT A SITUATION THAT THE OFFICERS ARE NOT EXPERIENCED, THEY ARE NOT ENGINEERS IN ALL, IN ALL CASES, BUT THEY DO HAVE SIGNIFICANT AMOUNT OF KNOWLEDGE, UH, AS FAR AS WHAT THEY ARE LOOKING AT AND ARE LOOKING FOR. AND IN ALMOST EVERY CASE, WELL, I SHOULDN'T SAY ALMOST EVERY CASE, THAT'S NOT FAIR EITHER. UH, BUT A COLD OFFICER HAS AN ISSUE THAT THEY'RE EITHER RESPONDING TO A REQUEST FROM THE PUBLIC OR THEY SEE SOMETHING THAT THEY HAVE EXPERIENCE AND, UH, KNOW THAT THERE IS A DEFICIENCY IN THAT PARTICULAR ACTIVITY. AND AGAIN, THAT'S A PERSONAL COMMENT. UH, SOMEONE HAD A COMMENT, IF YOU WOULD PLEASE COME FORWARD AND PLEASE STATE YOUR NAME AND VERIFICATION THAT YOU'RE A RESIDENT OF SAN ANTONIO. YES. UH, MY NAME IS KELLY HOGUE. I'M A SAN ANTONIO RESIDENT. THANK YOU. UM, I'M ALSO A LAWYER AT TEXAS RIO GRANDE LEGAL AID, BUT I'M HERE IN MY INDIVIDUAL CAPACITY, NOT AS ON BEHALF OF TRA. UM, I JUST WANTED TO REITERATE SOME OF, OH, OKAY. CAN YOU HEAR ME? YES. I JUST WANTED TO REITERATE SOME OF THE POINTS THAT ARE BEING MADE ABOUT WHAT THIS LOOKS LIKE TO RESIDENTS. UM, AS, UH, MS. TREJO POINTED OUT, IT SAYS THE PROPERTY IS HEREBY ORDERED TO BE VACATED. UM, FAILURE TO VACATE AS ORDERED IS A VIOLATION OF THE SS A P M C. UM, I UNDERSTAND THAT CODE ENFORCEMENT OFFICERS ARE TRYING TO PROTECT PEOPLE THAT LIVE IN HOMES THAT THEY BELIEVE ARE DANGEROUS. IF A RESIDENT IS UNABLE TO REPAIR THEIR HOME, THEY DON'T HAVE THE MEANS TO REPAIR THEIR HOME, IT PROBABLY MEANS THAT THEY DON'T HAVE THE MEANS TO GO ANYWHERE ELSE. AND I'M UNSURE HOW SAFE WE'RE KEEPING RESIDENTS BY FORCING THEM TO LEAVE THEIR HOMES IF THEY HAVE NOWHERE ELSE TO GO. UM, I THINK THAT IF YOU'RE JUST TRYING TO GIVE A RESIDENT NOTICE, IT COULD TELL THE RESIDENT, HERE ARE THINGS THAT WE KNOW ARE WRONG WITH THE PROPERTY. IT'S OUR OPINION THAT YOU MIGHT BE SAFER SOMEWHERE ELSE. BUT ONCE A RESIDENT FEELS THAT THEY HAVE TO LEAVE THEIR HOME WHEN THEY'RE GIVEN LANGUAGE LIKE THIS, THEY SHOULD HAVE A HEARING BEFORE THAT. THAT WOULD BE MY, UH, COMMENT TO THE BOARD ON THIS ISSUE. ADDITIONALLY, THERE ARE, THERE IS LANGUAGE WITHIN THE S A P M C GENERAL PROVISIONS THAT GIVE THE CODE OFFICIAL, YOU KNOW, THE POWER TO ENFORCE THE S A P M C. AND SO EVEN IF A RESIDENT WERE, YOU KNOW, SOPHISTICATED ENOUGH TO GO LOOK INTO THE S A P M C TO BETTER UNDERSTAND WHAT'S GOING ON HERE, THEY STILL MIGHT BE CONFUSED AS TO WHETHER THIS IS JUST OPTIONAL OR WHETHER THEY HAVE TO LEAVE THEIR HOME. SO THAT WOULD BE MY COMMENT TO THE BOARD. THANK YOU. GENERALLY SPEAKING, WHEN A CODE OFFICER PUBLISHES A NOTICE, UH, IT'S, UH, AN ADVICE SITU SITUATION THAT TELLS THE RESIDENT YOU'RE IN DANGER. UH, BECAUSE IF THEY WERE NOT IN DANGER, THEY WOULD NOT BE GIVING THE NOTICE TO VACATE. UH, AND I UNDERSTAND THE, THE ISSUE OF IS IT MANDATORY? IS IT NOT MANDATORY? BUT THE IMPORTANT ISSUE IS FROM A [01:15:01] COLD OFFICER'S POINT OF VIEW, THEY'RE IN DANGER AND THEY NEED TO DO SOMETHING TO KEEP THEMSELVES OUT OF DANGER AS MUCH AS THEY CAN. UH, I, I APPRECIATE THE FACT THAT WE HAVE THE MISUNDERSTANDING OR THE POTENTIAL MISUNDERSTANDING OF A NOTICE VERSUS AN ORDER. UH, AND IS IT VOLUNTARY OR IS IT NOT VOLUNTARY? BUT THE ISSUE OF BEING SAFE AND SECURE IN A HOME OR A HOUSE, UH, IS THE ISSUE THAT BASICALLY EVERY CODE OFFICER IS LOOKING AT WHEN THEY PROVIDE A NOTICE TO VACATE. SO IT MAKES IT REAL, REAL DIFFICULT. AND, AND THE, THE ISSUE ABOUT WHERE DO THEY HAVE TO GO NEXT IS A HUGE ISSUE. UH, AND AT LEAST ONE PERSON ON THE BOARD, ME, UH, LOOKS AT THAT EVERY TIME WE TALK ABOUT EITHER A VACATE ORDER OR A VACATE NOTICE BECAUSE THEY NEED TO GO SOMEPLACE. UH, AND FORTUNATELY IN MOST OF OUR CASES, UH, THAT WE HEAR, UH, THERE'S A PLACE THAT THEY DO HAVE A CHANCE TO GO TO. UH, BUT I, I APPRECIATE THE CONCERNS BECAUSE IT'S A VALID CONCERN, UH, OF ALL OF US, OR AT LEAST OF THIS PARTICULAR MEMBER. MR. CHAIR? YES, SIR. I'D LIKE TO COMMENT. GO AHEAD. ALSO, AS SOON AS ALL OF THIS IS STARTED, THE PROCESS, THERE'S ALSO, IF I'M NOT MISTAKEN, HEALTHCARE PEOPLE THAT GO AND START WORKING WITH THESE PEOPLE. IS THAT CORRECT? THE PROCESS IS NOT JUST GIVE THEM A NOTICE AND THEN THEY END UP IN HERE. OKAY. THERE'S A LOT OF STEPS BEFORE THEY EVEN GET HERE. MM-HMM. ALL RIGHT. IN THE PAMPHLET, THEY'RE GIVEN, THEY'RE GIVEN OUTSOURCE, IF THAT'S CORRECT. UH, PLACES, UH, CHURCHES AND STUFF LIKE THAT, IF I REMEMBER RIGHT ON SOME OF THEM, THAT THEY ARE GIVEN PLACES TO INCLUDE. CITY STAFF WILL WORK WITH THEM. NOW, NOT ALL OF 'EM WANNA BE WORKED WITH, OKAY, LET ME RECOMMEND THIS TO YOU INDIVIDUALS IN, AS A CITY COME AND SIT ON OUR THURSDAY HEARINGS AND SEE SOME OF THE STUFF WE SEE THAT WE GO BY AS EVIDENCE. OKAY? IT'S, I THINK, MORE OF AN EYE-OPENER THAN NOT SEEING THE FULL PROCESS AS IT PLAYS OUT. BUT THERE'S A LOT OF STEPS THAT GO BEFORE THEY EVEN COME TO THIS BOARD. THIS BOARD'S THE LAST RESORT, OKAY? WE'RE NOT UP HERE TO THROW PEOPLE OUTTA HOMES, AND WE'RE NOT UP HERE TO TEAR OUR NEIGHBORS AWAY FROM PROPERTY. THERE'S OTHER CHANCES BEFORE THEY COME TO THE BOARD. THERE'S OTHER AVENUES THAT THEY'RE GIVEN. THERE'S SOME PEOPLE WHO REFUSE IT, BUT JUST SIT IN THE BOARD MEETING OR IN THE ACTUAL MEETINGS THAT WE HAVE ON THURSDAY, AND THEY'LL, THEY'RE POSTED, AND YOU, YOU CAN SIT HERE, IT'S OPEN TO THE PUBLIC AND WATCH WHAT WE SEE ON SOME OF THESE. AND SOME OF THESE AREN'T JUST OVERNIGHT THINGS. THESE ARE YEARS IT TOOK INTO MAKING. AND WE HAVE TO TAKE ALL OF THAT INTO CONSIDERATION TOO. WE'RE CITIZENS AND MOST OF US UP HERE HAVE PROFESSIONS. I'M A GENERAL CONTRACTOR, MR. CHAIR. SO THAT'S WHERE WE'RE AT WITH THAT. LET'S GET BACK TO THE TOPIC ON THE AGENDA. THE, THE TOPIC ACTUALLY IS NOTICE, UH, VERSUS ORDER. UH, AND WE ARE RECEIVING PUBLIC INPUT. AND NO, I UNDERSTAND. I UNDERSTAND THAT, BUT I, I DON'T THINK THE, UH, CONTINUAL DIALOGUE IS NECESSARY YET. I APPRECIATE, APPRECIATE THAT COMMENTS, BUT I JUST THINK FOR EFFICIENCY OF THE MEETING, I THINK I'D LIKE TO GET BACK AND TRY TO MOVE AS, AS, AS EFFICIENTLY AS POSSIBLE AND, AND CONCUR WITH THAT. AND WE'RE GONNA DO THAT REAL QUICKLY. THANK YOU VERY MUCH, MR. CHAIR. THIS IS AN IMPORTANT ISSUE THAT THE PUBLIC IS AWARE OF THE FACT THAT WE DO WANT TO GET PUBLIC INPUT. UH, AND MR. ANDES WAS JUST PROVIDING INFORMATION THAT SAYS THERE'S MORE THAT WE LOOK AT THAN JUST, UH, AN ISSUE OF ORDER OF VACATE OR NOTICE OF VACATE. UH, AND BY THE WAY, JUST AS A SIDE COMMENT TO WHAT HE SAID, YOU DO NOT HAVE TO COME HERE. YOU CAN ACTUALLY WATCH IT ON VIDEOTAPE IF YOU WANTED TO. UH, BECAUSE EVERY ONE OF OUR MEETINGS ARE RECORDED. UH, AND YOU DO NOT HAVE TO, TO LISTEN TO IT THE DAY OF THE EVENT. IT'S ACTUALLY STORED, AND YOU CAN GO BACK AND LOOK AT IT AT A LATER DATE. UH, AND I AGREE WITH YOU THAT IT IS IMPORTANT THAT WE MOVE FORWARD ON THAT. UH, IF THERE'S ANYONE FROM THE PUBLIC WHO HAS A COMMENT THAT IS DIFFERENT THAN WHAT WE HAVE HEARD SO FAR, PLEASE RAISE YOUR HAND AND LET'S, OKAY. IF YOU WOULD PLEASE, SIR, COME FORWARD AND TELL US, MR. MR. CHAIR, MA'AM, UH, FOR, UM, OPEN MEETING PURPOSES. UH, TO REITERATE WHAT BOARD MEMBER GARZA STATED, UH, OPEN MEETING ZACH REQUIRES, UH, THE PUBLISHING OF THE AGENDA SO THAT THE PUBLIC IS ON NOTICE AS TO WHAT'S GOING TO BE DISCUSSED. THE TOPIC HAS MOVED FROM THE AGENDA ITEM OF GOING THROUGH THESE AMENDMENTS TO A DISCUSSION OF 1 0 8 0.4, WHICH WE HAVE [01:20:01] NOT REACHED YET. AND SO I WOULD RECOMMEND THAT WE REFER BACK, UH, TO THE AGENDA ITEMS AND THEN OPEN IT BACK UP FOR GENERAL COMMENTS, UNLESS THERE'S A COMMENT RELATED TO, UH, THE NEXT ITEM TO BE DISCUSSED WOULD UNDERSTAND AND CONCUR. AND WE'LL LET ONE OTHER PERSON SPEAK, IF YOU WOULD. SIR, PLEASE STATE YOUR NAME AND VERIFY YOUR RESIDENT OF SAN ANTONIO. MY NAME IS JESSE ACEVES. AND ENTER THE MICROPHONE, PLEASE. MY NAME IS JESSE CE, AND I'M A HOMEOWNER HERE ON SOUTHEAST SIDE EIGHT 17 EAST ISLAND BOULEVARD. UM, I JUST WANTED TO COMMENT ON SOMETHING THAT I'M GOING THROUGH TO THE VIC TO THE SAME PARTS THAT YOU ARE SAYING. I THINK, UH, CO COMPLIANCE, UH, READING NEEDS TO, UH, REDEFINE THEIR, UH, PROTOCOL. 'CAUSE I'VE BEEN AFFECTED FOR, WITH CO COMPLIANCE, UH, IN MY HOME. UH, THEY, UM, WENT AHEAD AND, UH, DID, UH, EVICTED ME FROM MY HOME, BUT I'M STILL LIVING IN THERE. BUT THE PROBLEM IS THEY TURNED MY ELECTRICITY OFF THE, THEY CALLED C P SS AT MY HOUSE, NEEDED TO, THAT I HAD DONE WORK ON MY, UH, METER, WHICH I DID NOT. AND THEN I DID NOT GET A PERMIT. SO THEY CALLED C P S. THEY DIS, SIR, I'M GONNA CUT YOU OFF AT THE PRESENT TIME, BECAUSE THAT IS OUTSIDE AGAIN, THE PURVIEW OF THIS COMMITTEE. UH, IN THEIR TERMS OF THEIR PROCESS, WE'RE ACTUALLY DEALING WITH CODE ONLY WELL, IN THIS PARTICULAR MEETING. OKAY. WELL, AND NOT THE PROCESS OF HOW THEY GO ABOUT ENFORCING THAT CODE. YEAH, WELL GO COM. YEAH, YEAH, I UNDERSTAND THAT. BUT, UH, WHAT I'M SAYING, THE WAY THEY DID IT, THEY, THEY SHUT MY ELECTRICITY. I'VE BEEN OUT WITH ELECTRIC FOR FOUR YEARS ALREADY. AND AGAIN, THAT'S, THAT'S PROCESSED NOT THE ACTUAL CODE. AND WE'RE HERE TO DEAL WITH THE CODE ONLY. AND SO, AND, AND WITH THE OFFICER WON'T, WON'T CALL ME OR TALK TO ME OR TALK TO C P S TO GET SOMETHING DONE. UH, THE APPROPRIATE, UH, TIME FOR THAT ACTIVITY IS TO DISCUSS THAT WITH YOUR COUNCIL PERSON, AND THE COUNCIL PERSON CAN BRING THAT BACK UP AS A PROCESS, UH, RATHER THAN THE CODE ITSELF. SO, THANK YOU VERY MUCH. YOUR COMMENT, MR. CHAIR? UH, THIS IS LEGAL, IF I MAY, MR. ACEVES? YES. OH, OVER HERE. IF YOU COULD PROVIDE, UH, ONE OF THE B S B LIAISONS OR, UH, CODE OFFICER, YOUR CONTACT NUMBER, UH, THE DEPARTMENT OF NEIGHBORHOOD HOUSING SERVICES HAS BEEN ATTEMPTING TO CONTACT YOU AND, UH, YOUR WIFE, SUSIE, SINCE JANUARY OF LAST YEAR WITH NO RESPONSE. SO IF YOU HAVE, UH, UPDATED INFORMATION, PLEASE PROVIDE THAT SO THEY CAN CONTACT YOU. OKAY. AND THEN, UH, THAT'S ALL WE CAN, UH, DISCUSS. UH, SINCE, UH, THE PROPERTY HE RAISED IS, UH, UNDER LITIGATION RIGHT NOW. RIGHT. BUT YOU'RE BEING TIED UP IN COURT SINCE 9 20, 20 19. AND WE'RE STILL HAVEN'T, UH, DONE ANYTHING WITH IT. I MEAN, IT'S GOING ON FOUR YEARS ALREADY, AND IT'S, IT'S JUST RIDICULOUS. MY WIFE HAS PASSED AWAY 'CAUSE OF THE, UH, SIR, I'M GONNA HAVE TO INTERRUPT YOU AGAIN. IF YOU WOULD GO AHEAD AND TAKE YOUR SEAT AND THEN FOLLOW THE, THE GUIDANCE THAT THE COUNCIL HAS GIVEN TO US. AND DANNY, IF YOU WOULD, LET'S COME BACK UP AND LET'S PICK UP ANOTHER CODE ISSUE. AGAIN, THANK YOU. MEMBERS OF THE BOARD. UH, DANNY LEE IS CODE ENFORCEMENT ADMINISTRATOR. AND AGAIN, I DIDN'T, UH, EVERYONE'S PUBLIC COMMENTS, SO I APPRECIATE IT. AND I DIDN'T WANNA WALK OUT ON ANYONE. SO I WANTED TO MAKE SURE, UM, I HEAR EVERYTHING, BUT CAN I ASK THE BOARD FOR A FIVE MINUTE RECESS SO I CAN, UM, THE TIME IS, THE TIME IS NOW. THE, THE TIME IS NOW 2 55. THE COMMITTEE STANDS IN RECESS FOR FIVE MINUTES, GETTING SERVICES. THE THE TIME IS NOW 3:00 PM. UH, AND WE'RE GONNA PICK UP ON THE NEXT ITEM ON THE AGENDA ORDER. ORDER. THE TIME IS NOW THREE O'CLOCK. AND WE ARE, UH, BACK IN SESSION. DANNY, IF YOU WOULD PLEASE ON THE NEXT ITEM. YES, SIR. AGAIN, THANK YOU. UH, NEXT ITEM ON THE AGENDA. TODAY IS ITEM NUMBER 11. UH, THIS ITEM WAS TABLED DURING OUR, UM, THAT'S WRONG. OUR INITIAL MEETING BACK IN MAY. MAY, UH, I BELIEVE 13TH. UM, THIS ITEM HERE, UH, WE'RE LOOKING AT THE 2018 AND 2021 I P M C. UH, THERE WAS NO RECOMMENDATION. THIS ONE, WE OPENED IT, WE LEFT TO TABLE TO, UH, RATHER FOR DISCUSSION. UH, ITEM NUMBER FIVE AND SIX WERE THE TWO ITEMS THAT WE [01:25:01] WERE LOOKING AT. WE WERE PROPOSING THAT, UM, ITEM FIVE, SINCE IT'S ALREADY INCLUDED, OR RATHER IT'S SPELLED OUT IN OUR NOTICES JUST TO INCLUDE IT INTO THE ACTUAL SS A P M C, UH, TO INFORM THE PROPERTY OWNER AND OWNER'S AUTHORIZED AGENT OF THE RIGHT TO APPEAL. AND THEN WE'RE GONNA SCRATCH OUT NUMBER SIX, BECAUSE THERE IS A, UM, A PROVISION ALREADY IN THE CODE FOR A RIGHT TO FILE A LIEN, I GUESS, IF YOU WILL. UM, IN REGARDS TO, SO WE'RE LOOKING AT ITEM FIVE AND SIX AT THIS POINT FOR THE 2021. I P M C. I'M SORRY, JUST FOR CLARIFICATION, WHAT IS A LIEN? WELL, I'LL, I'LL DEFER TO LEGAL TO GIVE HER A LEGAL TERM, IF YOU WILL. UH, BY, UH, STATUTE, UH, LIEN CAN BE FILED BY, UH, SPECIFIC INDIVIDUALS AND OR AGENCIES, UM, AGAINST THE PROPERTY. IT'S A LEGAL DOCUMENT THAT'S FILED TO SHOW, UH, TO THE PUBLIC THAT, UM, AN INVOICE WA UH, THERE WA UH, THE INVOICE FOR SERVICES RENDERED HAS NOT BEEN PAID. SO A LIEN IS, UH, SUCH AS IF YOU HAVE, UH, IF YOU PURCHASED YOUR HOME, YOUR MORTGAGE, IT'S A LIEN AGAINST THE PROPERTY SECURING THE BANK'S ABILITY TO GET THE MONEY. THEY GAVE YOU A MECHANIC'S LIEN OR A VENDOR'S LIEN, WOULD BE, SAY A GENERAL CONTRACTOR, A LANDSCAPER. UH, THEY ENTERED INTO A CONTRACT WITH YOU TO PERFORM WORK. AFTER THE WORK WAS COMPLETED. THE OWNER REFUSES TO PAY THE LAW ALLOWS FOR A VENDOR'S OR MECHANIC'S LIEN TO BE PLACED TO SECURE THAT COST. WHEN THE PROPERTY IS SOLD, THE CITY, UH, PER STATUTE IS REQUIRED TO FILE A LIEN AGAINST, UH, PROPERTIES FOR WHICH THE CITY HAS HAD TO CONDUCT, UH, SECURING, CLEARING, DEMOLISHING. AND AGAIN, IT'S A LEGAL DOCUMENT FILED AT THE COUNTY CLERK'S OFFICE SO THAT, UH, THE CITY CAN RECEIVE ITS FUNDS. UH, THE REASON, UH, I HAD RECOMMENDED THAT WE LEAVE THAT PORTION OFF. UH, SO NUMBER SIX, ADDING ON RIGHT TO APPEAL TO THE CURRENT 2018, BUT NOT PUTTING ON, UH, THE RIGHT TO FILE THE LIEN. THE REASON FOR THAT, THIS IS AN INTERNATIONAL PROPERTY MAINTENANCE CODE. UH, IT PROVIDES LANGUAGE THAT DOES NOT NECESSARILY, UM, COMPLY WITH OR CORRELATE TO TEXAS LAW. AND AS FAR AS THE RIGHT TO FILE LIENS, WE HAVE STATUTORY AUTHORITY FOR THAT. BUT IN TEXAS, UH, WE ARE NOT ALLOWED. WE AS IN LIKE VENDORS, UH, EXCEPT FOR MORTGAGES AND THE TAXING ENTITY, ARE NOT ALLOWED TO FILE LIENS AGAINST HOMESTEADS. AND SO THAT IS WHY THAT PROVISION IS NOT APPLICABLE IN TEXAS. GO AHEAD, CHAIR. CHAIR WOULD ENTERTAIN A MOTION ON ITEM ONE 11.1. I'D LIKE TO MOTION TO ACCEPT THE 2021 I M P C WITHOUT NUMBER SIX. THE MOTION IS TO EXCLUDE ITEM NUMBER SIX ON THE 2021 I P M C I. SECOND MOTION HAS BEEN SECONDED. DISCUSSION CHAIR, IF I COULD MAKE A COMMENT, GO AHEAD. BUT THIS, THIS IS RAY MORALES AGAIN. UM, LEMME TRY TO REMEMBER, LEMME TRY TO REMEMBER WHAT I HAD SAID AT THE LAST MEETING. UH, BUT ON THIS FORM, UH, THAT DANNY PROVIDED, IS THAT WHAT WE'RE TALKING ABOUT? UH, IF THAT'S A NOTICE OF VIOLATION, YES, SIR. IT'S ON THE VERY BOTTOM OF IT. OH, OOPS. UM, THE, THE TEXT ON THIS IS REALLY HARD TO READ, AND I'VE GOT NEW GLASSES THERE. THERE'S STILL, IT IS STILL DIFFICULT TO [01:30:01] READ IF WE COULD HAVE A, A HIGHER, I KNOW THIS MAY BE AN ADMINISTRATIVE ISSUE, NOT A CODE ISSUE, BUT IF WE COULD HAVE HIGHER OR LARGER TYPE FACE ON THE FORM, SO IT COULD BE LEGIBLE. A LOT OF THE, UH, RESIDENTS, UH, UH, ARE ELDERLY. AND, UH, IT WOULD BE A GOOD THING. JUST A, JUST A, UH, SUGGESTION. CAN YOU DO THAT? WE'LL, WE'LL TAKE THAT INTO CONSIDERATION. YOU'RE TALKING ABOUT ENLARGING THE FONT FOR THE VERBIAGE OR THE PEEL, CORRECT? YEAH. IS, IS THIS DUE TO THE SPACING ON THE, ON THE NOTICE ITSELF, BUT WE CAN MESS WITH THE FORM AND SEE HOW WE CAN ENLARGE IT WITHOUT DELAYING THE REST OF THE PROCESS? OH YEAH, DEFINITELY. OKAY. WE'LL WORK ON THAT. SEE WHAT WE CAN DO. WE'LL TAKE THAT INTO CONSIDERATION, MAKE NOTE RECOMMENDATION NOTED, AND THEY'LL TAKE ACTION ACCORDINGLY. AND, AND, AND IF THE NOTICE COULD ALSO INCLUDE CONTACT INFORMATION, I'M NOT SURE. UM, WE TALKED ABOUT, UH, POSSIBLY ADDING, UH, UH, EMAIL ADDRESS ONTO THE FORM SO THAT THE, UH, THE HOMEOWNER COULD RESPOND VIA EMAIL AS OPPOSED TO, UH, WRITING A LETTER OR RETURNING THIS NOTICE. OKAY. IF I UNDERSTAND CORRECTLY, YOU TALKING ABOUT RATHER THAN SUBMITTING THAT FORM AND, AND I GUESS EMAIL IT, LIKE THE REQUEST TO AN APPEAL, IS THAT WHAT YOU'RE SAYING? OKAY. BUT, BUT IF YOU, IF YOU DO IT EMAIL, YOU'RE GONNA HAVE TO SAY MAIL OR EMAIL, BECAUSE YOU CAN'T DO EMAIL EXCLUSIVELY. 'CAUSE THERE'S PEOPLE WHO DO NOT HAVE EMAIL. CORRECT. SO IT WOULD HAS TO BE AN EITHER OR AN OPTION. YES. ADD IT RIGHT HERE. OKAY. AND THEN, AND THEN ANOTHER SUGGESTION WAS TO INCLUDE A STATEMENT THERE THAT IF, UH, UH, TRANSLATION SERVICES NEEDED TO BE PROVIDED, THAT THEY COULD BE, UH, AVAILABLE, MADE AVAILABLE. AND THE STATEMENT CAN BE IN, IN SPANISH AT LEAST. I KNOW SAVITA MADE A MENTION THAT SHE COULD NOT, OR THAT WE COULD NOT PUT IT IN, UH, UH, DIFFERENT ALL THE LANGUAGES THAT ARE AVAILABLE, BUT THE MAJORITY OF THE, THE RESIDENTS HERE ARE SPANISH SPEAKING AND, OR MAYBE NOT THE MAJORITY, BUT QUITE A FEW. AND IF WE COULD INCLUDE THAT STATEMENT IN SPANISH, THAT WOULD BE HELPFUL. THANK YOU. COUNSEL, QUESTION FOR YOU. UH, THERE, WHAT WE'RE DOING NOW IS DOING ADMINISTRATIVE ISSUES THAT ARE DELAYING US FROM ACTUALLY GETTING INTO THE SPECIFIC CODES. IS IT REASONABLE TO, TO DO ADMINISTRATIVE DURING THE, THE PROCESS OF CODE REVIEW? OR SHOULD WE TRY TO DO ALL OF THAT IN AN ADMINISTRATIVE TIME LATER ON? EITHER IN EACH, EACH DAY'S MEETING OR LATER ON IN THE, IN THE CYCLE OF MEETINGS? UH, I WOULD RECOMMEND, UH, SETTING ASIDE TIME TO ADDRESS ADMINISTRATIVE MATTERS, UH, PERHAPS ON, UH, THE LAST MEETING. OKAY. SO THAT WE'RE NOT GETTING INTO, UH, ISSUES THAT CAN BE BROUGHT UP TO THE DEPARTMENT AND ADDRESSED AT THAT POINT, AS YOU MENTIONED, SO THAT WE CAN CONTINUE MOVING ON TO ADDRESS THE SUBSTANCE OF THE, THE CODES. SO IN OUR AGENDA LATER ON IN THE PERIOD, THEN WE'RE GONNA SET ASIDE SOME TIME FOR ADMINISTRATIVE ISSUES. UH, AND FOR THE, FOR THE PANEL, LET'S HOLD ALL OF OUR ADMINISTRATIVE TYPE ISSUES UNTIL THAT PARTICULAR SCHEDULED EVENT OCCURS. UH, THERE WAS SOMEONE WHO RAISED THEIR HAND IN THE BACK, IF YOU WOULD PLEASE COME FORWARD AND AGAIN, ADDRESS THIS SPECIFIC CODE. THANK YOU. UH, THIS IS MATTHEW GARCIA. I'M A RESIDENT OF SAN ANTONIO CITY COUNCIL DISTRICT ONE. UM, I, I AM IN FAVOR OF THE ADOPTION OF ITEM FIVE FROM THE 2021 I P M C. UM, SO I, UH, AGREE WITH THE, THE MOTION THAT'S BEFORE THE COMMITTEE. I, I WOULD ADD, HOWEVER, THAT I BELIEVE THAT THE LANGUAGE OF ITEM FIVE SHOULD BE MADE A LITTLE BIT MORE CLEAR. IF YOU'LL NOTE ON THE, UM, THE VACATE NOTICE THAT WAS, UH, GIVEN TO YOU BY MR. TAMAZ, IT, IT STATES AT THE END OF THAT PARAGRAPH, THE DECISION MAY BE APPEALED ACCORDING TO SECTION SIX DASH 1 78. UM, I DON'T BELIEVE THAT THAT IS ENOUGH INFORMATION TO APPRISE HOMEOWNERS OF HOW TO FILE THE APPEAL. SO I WOULD RECOMMEND THAT THE, UH, BOARD OR THAT THE COMMITTEE ADOPT A, A VARIATION TO ITEM FIVE THAT WOULD INFORM PROPERTY OWNERS NOT ONLY OF THE RIGHT TO APPEAL, BUT THE PROCESS TO DO SO, UH, THAT WAY, UM, THEY HAVE ALL THE INFORMATION THEY NEED. UM, I WOULD ALSO RECOMMEND AN ITEM SIX, WHICH WOULD, UH, GO TO MR. MORALES'S, UH, COMMENT, UM, THAT REQUIRES THESE NOTICES TO CONTAIN A STATEMENT IN SPANISH OFFERING TRANSLATION SERVICES. SO THAT CAN GET WRITTEN DIRECTLY INTO THE CODE REQUIRING THAT THE NOTICE PROVIDE THAT. THANK YOU. FROM A PERSONAL POINT OF VIEW, AGAIN, IT'S PERSONAL ONLY. THE SECOND RECOMMENDATION IS A VALID, VALID RECOMMENDATION. UH, IF WE WIND UP WRITING DETAILED INFRAS INSTRUCTIONS ON HOW TO DO APPEALS, [01:35:01] WE WIND UP WITH A BIBLE THAT IS DEEPER AND, UH, MORE DETAILED THAN THE BIBLE ITSELF. UH, SO PERSONALLY I WOULD NOT AGREE WITH YOU. THAT'S A PERSONAL OPINION ONLY. SURE, SURE. SO I'LL TAKE IT AT THE ACCORDINGLY. MM-HMM. , UH, THANK YOU VERY MUCH. THE, THE MO. ANY OTHER PUBLIC COMMENT, PLEASE COME FORWARD AND AGAIN, MAKE YOUR COMMENT SPECIFIC TO ONE, OH, EXCUSE ME, ONE 11.4, 1.1. OKAY. SO I'M, THIS IS LETICIA SANCHEZ. I'M A RESIDENT OF SAN ANTONIO. UM, I'M A LITTLE CONFUSED. UM, WE'RE UNDER THE, THE SECTION FORM 1 0 7 0.1. IS THAT CORRECT? 1 0 1 0.41. WELL, ONE 11.4 0.1. I'M SORRY, I MISSTATED. IT'S ONE 11.4. THANK YOU. UM, OKAY. SO I DID SUBMIT SOME COMMENTS, UM, THAT THERE WERE TECHNICAL ISSUES WITH THE COMMENTS, UM, AND MR. LINGO DIDN'T GET THEM IN TIME FOR TODAY'S MEETING. SO I WAS WONDERING IF YOU COULD TABLE THIS OR I CAN READ WHAT I WROTE ON THERE. I, I ADDED SOME, SOME ADDITIONAL WORDING AND ADDED A WHOLE OTHER STATEMENT. UM, UNDER THIS SECTION, UH, GO AHEAD AND READ IT IF YOU WOULD PLEASE. OKAY. UM, FOR NUMBER ONE, UM, IN ADDITION TO SAY, BE IN WRITING, I WOULD PUT BE IN TYPEFACE OR LEGIBLE WRITING IN ENGLISH AND SPANISH UNDER NUMBER FOUR. HOLD, HOLD ON JUST A MINUTE. LET EVERYBODY PULL THAT IN THE THOUGHT PROCESS AND THEN GO AHEAD AND GO TO THE NEXT ITEM. UM, OKAY. UNDER NUMBER FOUR, INCLUDE A CORRECTION ORDER. I WOULD LIKE TO ADD WITH INFORMATION ABOUT ASSISTANCE PROGRAMS, ALLOWING A REASONABLE AMOUNT OF TIME AND, YOU KNOW, FURTHER AS IT CONTINUES. UM, AND THEN AFTER NUMBER OR FIVE, UM, IF WE'RE NOT INCLUDING THE, UH, THE, THE FILE A LIEN, IF YOU'RE REMOVING THAT. NUMBER SIX WOULD BE INFORM THE PROPERTY OWNER OR OWNER'S AUTHORIZED AGENT TO THE RIGHT TO APPEAL AND THE PROCEDURES FOR AN APPEAL, INCLUDING A DESCRIPTION OF ANY DOCUMENTS THAT MUST BE SUBMITTED, NOTICE OF THE RIGHT TO BE REPRESENTED, AND TO PRESENT WITNESSES AND EVIDENCE, A STATEMENT OF BOTH AND IN-PERSON AND REMOTE MEANS OF ATTENDANCE AND THE DATE AND TIME OF ANY DEADLINES. AND THEN MY ONLY OTHER COMMENT WAS THIS IS FOR THE REASONABLE AMOUNT OF TIME, PROBABLY WOULD NEED, UM, IF WE COULD COMMUNICATE BETTER WHAT THE REASONABLE AMOUNT OF TIME WOULD BE HERE. THANK YOU. ANY QUESTIONS OR COMMENTS? UH, LE HELLO. LEGAL. GO AHEAD AND BE SEATED IF YOU WOULD PLEASE. LEGAL, DON'T THEY GET THAT, UH, THE, DON'T, THE, THE GENERAL PUBLIC, THEY GET ALL THAT INFORMATION ON THEIR NOTICES ABOUT APPEALS AND, AND HOW TO APPEAL? YEAH. ON THE, UH, CURRENT NOTICE FORM AT THE BOTTOM, IT STATES REQUEST TO APPEAL NOTICE OF VIOLATION BEFORE THE BUILDING STANDARDS BOARD. UH, IT DOES, UH, PROVIDE THE DEADLINE. IT DOES PROVIDE, UM, WHAT NEEDS TO BE, UH, PROVIDED AND, UM, WHICH INCLUDES, UH, CURRENT MAILING CONTACT INFORMATION WHERE IT NEEDS TO BE SENT. SO, UH, IT, IT, THE INFORMATION IS, IS ON HERE. I THOUGHT SO. SO THE INFORMATION, THE INFORMATION IS ALREADY LISTED AT THE BOTTOM OF THE FORM, AND I BELIEVE THAT WHEN, UM, THE CODE OFFICERS, UH, LEAVE THE, THE PROPERTY, THEY ARE GIVEN OR IT'S POSTED SOMEWHERE ON THE PROPERTY ABOUT HOW TO DO THIS. OKAY. THE MOTION AT THE PRESENT TIME ON THE TABLE IS TO, UH, ACCEPT THE WORDING AS GIVEN TO US FOR ONE 11.41. WITH THE EXCEPTION OF ITEM NUMBER SIX, THE MOTIONS HAS BEEN MADE. AND SECOND, UH, ALL IN FAVOR OF THAT MOTION, SAY AYE. AYE. AYE. THOSE OPPOSED, SAY NAYYY. THE MOTION CARRIES. DANNY, IF YOU WOULD, LET'S GO TO THE NEXT ITEM. ALL RIGHT, NEXT ITEM ON THE AGENDA. ITEM NUMBER 12. [01:40:04] SO ITEM 12 THROUGH 24. UH, WE DID REVIEW AT THE LAST MEETING, UH, HOWEVER, NO ACTION WAS TAKEN AT THE TIME, UH, BUT WE'LL GO OVER THEM AGAIN. UM, AND THEN OPEN FOR DISCUSSION. SO, ITEM 12, UM, OUR RECOMMENDATION AT THIS POINT, WHICH HAS TO DEAL WITH 1 0 7 0.3 METHOD OF SERVICE, UH, IT'S OUR RECOMMENDATION WOULD KEEP THE 2018 S A P M C AS WRITTEN, UH, AND NOT ADOPT THE 2021 I P M C. UH, I THINK DURING LAST CONVERSATION, IF I RECALL CORRECTLY, THERE WAS A QUESTION ABOUT, UM, ADDING MAILING ADDRESS, IF I UNDERSTAND CORRECTLY, RIGHT? AND SO, UM, AGAIN, WE CAN OPEN IT UP AGAIN FOR DISCUSSION. SO, UH, AT THE LAST MEETING, AGAIN, THIS RAY MORALES, UH, I RAISED A QUESTION ABOUT, UH, UH, THE PHRASE, UH, THE MAIL ADDRESS TO THE OWNER AT THE LAST KNOWN ADDRESS. AND WHAT I WOULD LIKE TO DO IS ADD AT THE LAST KNOWN MAIL ADDRESS, UH, REASON BEING THAT, UH, THERE'S A DISTINCTION, UH, BETWEEN THE MAIL ADDRESS AND THE POST OFFICE BOX, AND, UM, UH, I TOTALLY FORGET WHAT THE POINT WAS AT THE LAST MEETING. CAN YOU REMIND ME, DANNY? THAT'S CORRECT. YES, SIR. THE RECOMMENDATION, AT LEAST FROM MY UNDERSTANDING, OR YOU'RE RECOMMENDING ADDING EXACTLY THAT MAIL OR MAILING ADDRESS AS OPPOSED TO THE WAY IT READS, UM, IN THE CURRENT S A P M C, UH, WHERE IT MERELY READS ADDRESS, RIGHT? SO HE WANTS TO ADD A RECOMMENDATION, BE ADD MAILING IN FRONT OF ADDRESS, UH, I GUESS TO MAKE THAT DISTINCTION BETWEEN A MAILING ADDRESS AND A PO BOX. UH, BUT IF I RECALL CORRECTLY, I THINK LEGAL, UM, AND MAYBE FELIX CAN CHIME IN. THERE WAS A QUESTION, I THINK MAILING ADDRESS INCORPORATES BOTH MAILING ADDRESSES AND PO BOXES. UH, BUT IF YOU WANNA, YES, THAT'S CORRECT. UH, I BELIEVE SAM MENTIONED THAT AND DISCUSSED THAT LAST WEEK, THAT THE, THE POST OFFICE BOX IS RECOGNIZED AND CONSIDERED THE SAME AS A MAILING ADDRESS WHERE SOMEONE WOULD RECEIVE THAT. SO LEGALLY IT WOULD BE CORRECT, SENDING IT TO EITHER ONE. THE LIGHT'S ON. CAN YOU HEAR ME OKAY? OKAY. I GOTTA BE RIGHT ON IT. . OKAY. SORRY ABOUT THAT. BUT YES, THAT IS CORRECT. THE, THE COMMENT LAST WEEK WAS THAT THE PO BOX WAS A VALID MAILING ADDRESS. THAT THAT WAS WHAT WAS PRESENTED. CHAIR WOULD ENTERTAIN A MOTION ON, UH, 1 0 7 0.3. THE RECOMMENDATION IS TO KEEP THE S A P M C AS WRITTEN. MR. CHAIRMAN, I RECOMMEND THAT WE KEEP IT AS WRITTEN. 2018, UH, THE 2018. 20 18 20 18. I SECOND. THE MOTION HAS BEEN MADE TO ACCEPT THE 2018 S A P M C AS WRITTEN. AND SECOND. ANY DISCUSSION? NO DISCUSSION. ALL IN FAVOR ACCEPTING 2018 S A P M C AS WRITTEN, SAY, AYE. AYE. THOSE OPPOSED SAY NAY. MOTION CARRIES. STAYS AS WRITTEN. THANK YOU. NEXT ITEM ON THE AGENDA. ITEM NUMBER 13, UH, SECTION, UH, 1 0 8 0.1. GENERAL, UH, IT'S STAFF'S RECOMMENDATION TO KEEP THE, UM, S A P M C AS WRITTEN, HOWEVER, TO ADOPT, UH, OR RATHER TO UPDATE THE 2021 LANGUAGE IS SPECIFICALLY THAT LANGUAGE THAT'S GONNA BE, LET'S BRING IT UP ON THE SCREEN IF WE COULD PLEASE. YES, SIR. UH, THAT'S SPECIFICALLY THE LANGUAGE THAT'S IN BOLD. GIMME ONE SECOND HERE. LET'S SEE. SO OUR RECOMMENDATION IS TO KEEP THE 2018 SS A P M C AS WRITTEN, UH, AND TO ADOPT THE, UH, LANGUAGE HERE, UNSAFE CONDITIONS. SO, SO GENERAL WOULD CHANGE FROM GENERAL TO UNSAFE CONDITIONS IN THE NEW, UM, UPDATED S A P M C. DANNY, LET ME ASK YOU THIS. IS THAT ALSO CHANGING THE NUMBER 1, 1, 1 0.1? YEAH. SO IN, IN THE PREVIOUS DISCUSSION, IN THE LAST MEETING, WE TALKED ABOUT THE NUMBERING. UH, IT'S GONNA CHANGE AS WELL BECAUSE THERE WAS A COUPLE SECTIONS THAT WERE ADDED TO THE 2021 I P M C. AND SO WE ARE GONNA HAVE TO UPDATE, UH, THE NUMBERING CONVENTION AS WELL. THEN LET ME ASK YOU THIS ONE TOO, BECAUSE WE ACCEPTED A LITTLE WHILE AGO, 2018, [01:45:01] AND IF WE ACCEPTED IN FULL, THAT MEANS 1 0 7 0.3 WOULD BE ACCEPTED AS WELL, CORRECT? UH, NO ON THAT, THAT'S, UH, ADMINISTRATIVE. OKAY. I JUST WANNA MAKE SURE THAT IT, IT, IT DOESN'T COME OUT AS WE ACCEPTED THE FULL THING, INCLUDING THE CODE DIFFERENCE CHANGING. NO, I'LL, UH, WHEN I, UH, UH, GET TO DRAFTING ALL THE CHANGES, UH, THAT'S AN ADMINISTRATIVE ISSUE WE DEAL WITH TO MAKE SURE, UH, ALL THE NUMBERS ARE PROPER. OKAY. SO THE ONLY THING WE'RE CHANGING IS UNSAFE CONDITIONS. YEAH. YES, SIR. FROM GENERAL TO UNSAFE, CORRECT? THAT'S THE ONLY THING WE'RE MOVING OVER. OKAY. CHAIR WOULD ACCEPT A MOTION ON ONE 11.1. MR. CHAIR, UM, RECOMMENDATIONS, KEEP AMENDMENT AND UPDATE TO THE 2021 S SA, UH, I P M C CODE. UM, I WOULD LIKE TO MAKE THE MOTION THAT WE KEEP THE 2018 AMENDMENT WITH THIS CHANGE. UNSAFE CONDITIONS ADDED SECOND UNSAFE CONDITIONS ADDED WHERE FOR THE 2018, HE WANTS TO KEEP THE WORDING OF THE 2018, BUT JUST TAKE OUT GENERAL AND ADD UNSAFE CONDITION. VERY GOOD. SO, SO YOUR MO, YOUR MOTION IS TO ACCEPT THE RECOMMENDATION? UH, YES. OKAY. MOTION IS MADE TO ACCEPT THE RECOMMENDATION TO KEEP THE AMENDMENT AND UPDATE TO THE 2021 LANGUAGE OF DELETING GENERAL AND ADD UNSAFE CONDITIONS. DO I HAVE A SECOND? SECOND. ANY DISCUSSION? I HAVE A COMMENT. GO AHEAD. UM, I PREFER THE, UH, 2018 SS A P M C VERSUS 2021 BECAUSE THE, UH, THE WORD ON THE 2021, UH, I P M C, UH, THAT CONCERNS ME IS CONDEMNED. AND I THINK WE HAVE TALKED ABOUT THAT. SO, THE 2018, UH, THE WORDING IS, UH, ACCEPTABLE EXCEPT THAT WHERE ON, ON THE LAST SENTENCE, THE LAST PART OR THE EQUIPMENT SHALL BE DEEMED TO BE THREATS TO THE PUBLIC HEALTH, SAFETY OR, OR WELFARE. UH, CHANGE THE WORD FROM SHALL TO MAY, UH, BECAUSE, UH, THIS IS AGAIN, UH, BACK TO THE DUE PROCESS AND, UH, THE STRUCTURE MAY OR MAY NOT BE, UH, DEEMED TO BE A THREAT. UH, SO IT IT'S NOT SHALL IT SHOULD BE. MAY. SO IS THIS A, AN AMENDMENT TO THE MOTION? YES, IT'S AN AMENDMENT. AMEN. I THINK WE TALKED ABOUT THAT LAST TIME AND WE ALL DECIDED THAT IT WAS, I THINK LEGAL TOLD US IT WAS BETTER FOR SHALL THEN MAY BECAUSE WE SHALL TEAR IT DOWN IF IT'S UNSAFE. , THE ISSUE OF, OF THE WORD SHALL VERSUS MAY IS A STATUTORY WORD, RIGHT? SO, UH, AT SHALL MEANING IT ABSOLUTELY IS, IS GOING TO BE RIGHT. MAY HAS THE FLEXIBILITY OF CAN OR CANNOT, RIGHT? DEPENDING UPON WHAT IT IS. THE, THE, THE RECOMMENDATION IS A FRIENDLY AMENDMENT TO THE MOTION. UH, SO I WOULD HAVE TO GO BACK TO THE MOTION AND SAY, WOULD YOU ACCEPT THE AMENDMENT? AND IF IT'S FOUND TO BE UNSAFE AND STRUCTURALLY UNSAFE, THEN IT SHALL BE DEEMED A THREAT. THAT'S RIGHT. UH, NOT AGAIN. IT IS, IF I GO BACK TO THE, IF THAT'S WHAT THE MOTION, MR. CHAIRMAN, I DON'T THINK IT'S A FRIENDLY AMENDMENT TO THE MOTION, UH, TO REVISE THE, THE, THE MOTION. IF HE IS GOING TO AMEND THE MOTION, SOMEONE HAS TO SECOND THAT ONE. HE IS NOT AMENDING AND HE IS MAKING A FRIENDLY AMENDMENT OR FRIENDLY RECOMMENDATION TO THE MOTION ITSELF. OR AT LEAST THAT'S THE WAY I'M TAKING IT. ARE YOU RECOMMENDING AN AMENDMENT TO THE MOTION? I AM. OKAY, THEN WOULD YOU ACCEPT THAT FRIENDLY AMENDMENT? NO, BECAUSE COUNSEL BOTH DISREGARD, DISREGARD. THE ANSWER WAS NO. UH, HE WOULD NOT ACCEPT, UH, THE FRIENDLY MOTION. DO, DO I HAVE ANOTHER FRIENDLY MOTION OR CHANGE TO THE MOTION? IF NOT, THE CHAIR'S GONNA CALL THE MOTION. UH, SUBJECT TO THE ADDITIONAL DISCUSSION, IF YOU HAVE ANY ADDITIONAL DISCUSSION, IF NOT, ALL IN FAVOR OF THE MOTION TO KEEP WITH A CHANGE TO THE WORD, THE GENERAL AND UNSAFE CONDITIONS SAY AYE. AYE. AYE, AYE. AYE. THOSE OPPOSED SAY NAYYY. MOTION CARRIES. DANNY, NEXT SECTION. THANK YOU. NEXT ITEM. ITEM NUMBER 14, 1 0 8 0.4. PROHIBIT OCCUPANCY. ITS STAFFS RECOMMENDATION TO KEEP THE 2018 SS A P M CS WRITTEN, UM, 1 0 8 PRO 1 0 8 0.4, PROHIBIT OCCUPANCY. JUST A MINUTE. WE NEED TO BRING IT UP, PLEASE. ON SCREEN. UH, IT IS, I'M SORRY. YEAH, MR. CHAIRMAN, I MOVE THAT WE ACCEPT STAFF RECOMMENDATION AND KEEP, UH, THE, [01:50:02] THIS ITEM AS THE 2018. THE MOTION ON THE TABLE IS, UH, TO ACCEPT THE 2018 S A P M C CODE, UH, AS WRITTEN, MR. CHAIR, I SECOND IT. I SECOND MOTION DISCUSSION ON THE MOTION. UH, I HAVE A QUESTION, A CLARIFYING QUESTION. UM, HERE WE HAVE DISCUSSED THAT THE CODE AND THE, THE THINGS WE DO HERE, UH, CANNOT BE ORDERED ANYTHING BUT THE, THE CODE OFFICIAL. IT'S ONLY NOTICING, UH, THE PERSON, UH, OF A VIOLATION. UM, BUT HERE IT SAYS THAT, UH, THE CODE OFFICIAL, UH, SHALL BE AVAC AS ORDERED, UH, BY THE CO, BY THE COURT OFFICIAL. SO, UH, I JUST WANNA CLARIFY IF THE CODE, THE WORD ORDER NEEDS TO BE, UH, RETHOUGHT, EH, TO MAKE IT A CONSISTENT WITH THE DISCUSSION WE'VE BEEN HAVING, THAT IT ONLY HAS TO BE NOTICED, EH, AND THERE'S AN APPEAL PROCESS IN THE MIDDLE, UH, UM, MR. CHAIR? YES, MA'AM. UH, I, UH, WOULD RECOMMEND TABLING THIS AT THIS MOMENT SO I CAN, UH, UH, REVIEW. UM, UH, I DO NOT FEEL, UH, THE WORDING NEEDS TO BE CHANGED BECAUSE THIS IS A DUTY THAT'S BEING IMPOSED ON THE CODE OFFICIAL. IT'S NOT A DUTY BEING POSED ON THE BOARD OR A COURT OF LAW. BUT, UH, LET ME RESEARCH THAT. AND, UM, I WILL, UH, GET BACK TO Y'ALL AT THE NEXT MEETING. CHAIR ACCEPTS RECOMMENDATION OF COUNSEL. WE WILL TABLE THAT ITEM FOR NEXT DISCUSSION. NEXT ITEM, PLEASE. NEXT ITEM ON THE AGENDA IS ITEM NUMBER 15 1 0 8 0.5. ABATEMENT METHODS, UH, STAFF'S RECOMMENDING KEEP SS A P M C AS WRITTEN. MR. CHAIR, I MOTION THAT WE ACCEPT THE 2018 VERSION OF ITEM 15. SECOND, THE MOTION HAS BEEN MADE. AND SECOND, TO ACCEPT THE 2018 SAP M P C, UH, AS WRITTEN FOR ITEM 1 0 8 0.5. DISCUSSION ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. THOSE OPPOSED SAY NAYYY. MOTION CARRIES. NEXT ITEM, PLEASE. OKAY, THE NEXT FOUR ITEMS, ITEM 16 THROUGH 19. WE DISCUSSED LAST MEETING, UH, IN REGARDS TO SECTION ONE 11 MEANS OF APPEAL. UH, THE MEANS OF APPEAL IS SPELLED OUT IN CHAPTER SIX AT THIS TIME. SO OUR RECOMMENDATION FOR THE NEXT FOUR, UM, AMENDMENTS WOULD BE TO KEEP THE S A P M C AS WRITTEN. I'M SORRY, WHAT'S THAT? I'M SORRY? ARE THEY SUPPOSED TO BE WRITTEN HERE ON OUR PAGES 16 THROUGH 19? CORRECT. ARE THEY NOT ON YOUR OH, MM-HMM. ON THE BACKSIDE? MAYBE. I NEVER GOT THE WHOLE THING. YOU NEVER GOT ONE? WE HAVE AN EXTRA, I THINK WE HAVE EXTRA COPIES HERE. WE'LL GET YOU A COPY. OKAY. WHILE WE'RE DOING THAT, AGAIN, JUST AS A REMINDER, THIS MEANS OF APPEALS, AGAIN, JUST AS SAVITA MENTIONED EARLIER, UM, THE I P M C IS WRITTEN, IT'S AN INTERNATIONAL PROPERTY MAINTENANCE CODES FOR, SO THAT SECTION IS SPELLED OUT. AND THESE AND THE I P M C FOR SMALLER JURISDICTIONS THAT DON'T HAVE A, IT ALREADY SPELLED OUT SOMEWHERE ELSE. SO THE CITY DOES HAVE IT INCORPORATED IN CHAPTER SIX OF THE CITY CODE. OKAY. SECTION ONE 11. UH, THE RECOMMENDATION IS TO MAINTAIN THE SAP M P C CODE AS WRITTEN IN 2018 CHAIR TO ENTERTAIN A MOTION. MR. CHAIR, I'D LIKE TO MAKE A MOTION TO ACCEPT ITEM UN UNDER THE 2018 ITEM 16, 17, 18, AND 19. SECOND ITEMS HAVE BEEN MADE AND SECONDED. DO HAVE A DISCUSSION. UM, I JUST WANNA REVIEW ITEM 19 REALLY QUICK. UM, IT REFERS TO THE [01:55:01] INTERNATIONAL MAINTENANCE OR PROPERTY CODE 1 0 7 0.4, AND IT SAYS THAT THE CODE OFFICIALS WILL TAKE IMMEDIATE ACTION IN ACCORDANCE WITH THE DECISION OF THE BOARD. I'M ASSUMING THAT THE BOARD IN THIS CASE IS TALKING ABOUT THE BUILDING STANDARDS BOARD, AND I UNDERSTAND THAT WE ARE NOT DISCUSSING BUILDING STANDARDS BOARD 'CAUSE THIS IS S A P M C, BUT I WILL SAY THAT, UM, CURRENTLY AS IT IS WRITTEN, UM, THE B SS B, UM, THEY, THEIR DECISION IS ABLE TO BE APPROVED OR DISAPPROVED BY THE DIRECTOR OF, OF DEVELOPMENT SERVICES, AT LEAST TO MY UNDERSTANDING. MEANING THAT, UM, ANY APPEAL TO THE B S B COULD POTENTIALLY BE MEANINGLESS AS IT STANDS BECAUSE THE CODE OFFICIAL, UM, IS NOT HELD ACCOUNTABLE TO ADHERE TO THE BSBS DECISION. NO, MA'AM. THE BSS THE BSBS DECISION IS FINAL EXCEPT FOR APPEAL IN CIVIL DISTRICT COURT. SO I WILL SAY THAT THIS IS WHAT MY INTERPRETATION OF GOING THROUGH THE SS A P M C OF THE MUNICIPAL CODE OF THESE DIFFERENT THINGS THAT I PERSONALLY WENT THROUGH AND READ THOROUGHLY. SO I WILL SAY THAT WE SHOULD, UM, I, I WANNA MAKE A, I DON'T KNOW IF IT'S A MOTION OR AN AMENDMENT OR WHATEVER IT IS, COMMIT TO THE MOTION. UM, BUT I WOULD LIKE TO MAKE A MOTION TO ADOPT THE, UH, ITEM 19 FROM THE S SA. UH, SORRY. FOR THE I P M C INTO SS A P M C, THERE'S A FRIENDLY MOTION TO ACCEPT ITEM 19. UH, DOES THE ORIGINAL MOTION, UH, CONCUR WITH THE FRIENDLY AMENDMENT, MR. CHAIR? YES. UM, ACTUALLY THE 2021 I P M C AS WRITTEN IS VIOLATIVE OF, UH, TEXAS STATE LAW. UM, AFTER THE B S B HAS RENDERED A DECISION, UH, THE BUILDING OFFICIAL IS PROHIBITED FROM TAKING IMMEDIATE ACTION BECAUSE TEXAS LAW PROVIDES THAT THE PROPERTY OWNER HAS AN ABSOLUTE RIGHT TO APPEAL TO DISTRICT COURT FOR 30 DAYS. SO, UH, CODE ENFORCEMENT IS NOT ABLE TO TAKE IMMEDIATE ACTION. IT'S, UH, UH, ACTION CAN ONLY BE TAKEN AFTER THE APPEAL PERIOD HAS EXPIRED. SO, UH, THAT'S, UH, SPECIFIC TO TEXAS, SOME JURISDICTIONS, UH, OTHER STATES. I ALSO WANNA REMIND YOU THE I P M C INCLUDES CANADA. SO, UH, SOME OF THESE, UH, PROVISIONS ARE NOT APPLICABLE IN TEXAS. OKAY. THEREFORE, THE FRIENDLY AMENDMENT WOULD BE TABLED. CAN I MOTION TO TABLE, UM, DECIDING ON AMENDMENT 19 OR ACTION 19 UNTIL, UM, WE CAN LOOK FURTHER INTO THIS. THAT MOTION CANNOT BE ACCEPTED BECAUSE WE HAVE A MOTION ON THE TABLE AT THE PRESENT TIME WITH A SECOND, AND I'VE GOTTA DISPENSE WITH THAT PARTICULAR MOTION FIRST. UH, THE MOTION IS, IS MADE AT THE PRESENT TIME TO ACCEPT THE, UH, SS A P M C FROM 2018. ALL IN FAVOR SAY AYE. THOSE OPPOSED SAY NAYYY. WAIT ONE MINUTE. WEREN'T WE IN A DISCUSSION PHASE? WE WERE IN DISCUSSIONS PHASE, I ASSUME THAT WE WERE THROUGH SINCE NO ONE ELSE HAD. WELL, WHEN SHE WAS, UH, WHICH YOU'RE CERTAINLY WELCOME TO DISCUSS IT. WELL, SHE WAS COMMENTING ON 19, AND SHE MADE, UM, SHE MADE AN ATTEMPT TO, TO MAKE A MOTION THAT DID NOT ALLOW US TO DISPENSE WITH THE MOTION ON THE TABLE. OKAY. AND THEN WE STILL DISCUSS, BUT YOU CAN DISCUSS IT. YEAH, GO AHEAD AND DISCUSS ANYTHING YOU WANT TO ON IT, ON, ON ITEM 19. WHAT, WHAT IS YOUR, UM, BECAUSE THE MOTION IS TO ACCEPT 20 EIGHTEENS, UM, AS IS ON 16 ITEM 16, 17, 18, 19. WHAT WERE YOU FINDING DISTURBING ABOUT ITS CURRENT, WRITTEN AS 2018 HAS? WELL, IN THIS CASE IT JUST REFERS TO THE BUILDING STANDARDS BOARD, UM, AND IT REFERS TO A DIFFERENT, UH, CHAPTER IN THE MUNICIPAL CODE. UM, SO WHAT I WOULD LIKE TO ASK FOR IS JUST MORE TIME TO REVIEW 19, BECAUSE IT WAS CONCERNING TO, TO ME, AND I UNDERSTAND THAT YOU'RE SAYING THAT THERE'S SOME TYPE OF STATE, UM, LEGISLATION THAT PROHIBITS THE ENACTING THIS INTO OUR SS A P M C, BUT I WOULD JUST LIKE SOME MORE TIME TO LOOK AT IT AND SEE, UM, IF THERE'S ANY WAY THAT WE CAN AMEND THE LANGUAGE TO WHERE IT DOESN'T, UH, VIOLATE STATE LEGISLATURE. [02:00:03] YEAH, LET ME, UH, UH, I THINK THERE MIGHT BE SOME CONFUSION AS TO THIS PROVISION. AND THE SS A P M C, SS A P M C CASES CAN, WHEN YOU'RE ISSUED A NOTICE, WHICH IS YOU, UH, HAVE, UM, A VIOLATION OF THE PROPERTY MAINTENANCE CODE. THIS IS BASICALLY A FRIENDLY NOTICE, 10 DAYS TO COME INTO COMPLIANCE. THERE'S TWO OPTIONS. ONE, IF THE PROPERTY OWNER DISAGREES THAT THERE IS A VIOLATION, THEY CAN APPEAL THE NOTICE TO THE BUILDING STANDARDS BOARD. THE BUILDING STANDARDS BOARD DETERMINATION IS WHETHER TO UPHOLD, UH, LET'S SAY IT WAS FOR OUTSIDE PLACEMENT AND DEAD TREES. THE BUILDING STANDARDS BOARD WILL HEAR EVIDENCE FROM THE CODE OFFICER, THEN THEY WILL HEAR EVIDENCE FROM THE PROPERTY OWNER AS TO WHY THERE IS NO VIOLATION. THE DECISION THAT IS RENDERED BY THE BOARD IS WHETHER TO UPHOLD THE DETERMINATION THAT THERE IS A VIOLATION AND TO ALLOW THE 10 DAYS TO PROCEED. OR THE BOARD CAN SAY, BASED ON WHAT WAS PRESENTED, UH, WE DO NOT SEE ANY DEAD TREES. WE DO NOT SEE ANY OUTSIDE PLACEMENT. SO WE'RE GOING TO REVERSE THAT DETERMINATION. IT IS, THAT'S THE APPEAL OF JUST THE NOTICE 'CAUSE. UH, AS DANNY HAD MENTIONED EARLIER, A NOTICE IS ISSUED TO PROVIDE REASONABLE TIME TO COME INTO COMPLIANCE BEFORE FURTHER ACTION IS TAKEN EITHER BY ISSUING A CRIMINAL CITATION, ISSUING AN ADMINISTRATIVE CITATION, OR BRINGING THE SS A P M C VIOLATION TO THE BUILDING STANDARDS BOARD. IF THE S A P M C, SO, UH, A PROPERTY OWNER HAD, THANK YOU, , THE PROPERTY OWNER, UH, WAS GIVEN 10 DAYS. UH, THE PROPERTY OWNER, UM, ASKS, UH, THEY AGREE THERE'S A VIOLATION, CAN WE HAVE MORE TIME? CAN I HAVE MORE TIME TO ABATE? GENERALLY THAT TIME IS GRANTED, THEN THE ISSUE IS RESOLVED. THE PROPERTY OWNER CAN SAY, UH, THERE IS NO VIOLATION AND I DON'T HAVE TO REPAIR ANYTHING. UM, THERE'S NOT A SEWER LEAK. I'M NOT GOING TO REPAIR IT. THE CODE OFFICER CAN BRING THAT VIOLATION, SS A P M C VIOLATION FOR THE LEAKING SEWER LINE TO THE BUILDING STANDARDS BOARD. THE BUILDING STANDARDS BOARD WOULD HEAR THE CASE. AGAIN, THE TESTIMONY FROM THE CODE OFFICER TESTIMONY FROM THE PROPERTY OWNER, UH, ANY OTHER PERSONS WHO WANT TO BE HEARD. THEN THE B SS B MAKES THE DECISION ISSUES A RULING THAT YES, YOU ARE IN VIOLATION OF SU SUCH AND SUCH CODE ON THIS DATE. UH, YOU ARE HEREBY ORDER TO ABATE THE SEWAGE LEAK IN 30 DAYS, 45 DAYS. THAT ORDER CAN BE APPEALED TO DISTRICT COURT. SO THE BUILDING STANDARDS BOARD IS THE APPELLATE BODY. AND GOING BACK TO WHY THE 2021 LANGUAGE IN 19 IS NOT APPLICABLE, BECAUSE AS THE CHAIR STATED, NO ONE CAN OVERTURN A BUILDING STANDARDS BOARD DECISION EXCEPT FOR A DISTRICT COURT JUDGE, BECAUSE THE BUILDING STANDARDS BOARD IS A QUASI-JUDICIAL BOARD, NOT AN ADVISORY BOARD. OKAY, SO I COMPLETELY UNDERSTAND WHAT YOU'RE TRYING TO SAY HERE. I WILL SAY THAT READING THE CODE, IT DOESN'T, SO THE CODE TALKS ABOUT WHAT HAPPENS IF THE B S B REAFFIRMS THE VIOLATION [02:05:01] THAT THE CODE OFFICER FOUND, RIGHT? AND IT TALKS, UM, THROUGH THAT PROCESS IF THEY FIND THAT VIOLATION. BUT IT NEVER REALLY REFERS TO WHAT HAPPENS IF THEY NEGATE THAT VIOLATION. SO THAT'S THE THING THAT WAS CONCERNING TO ME. 'CAUSE THERE'S REALLY NO PROCESS AS TO LIKE, WHAT HAPPENS IF THE THERE'S NO VIOLATION FOUND. UM, SO IT SEEMS CLEAR TO ME THAT B SS B SIDES, IF B S B SIDES WITH THE HOMEOWNER, UM, IN SAYING THAT THERE WAS NO VIOLATION THEN THAT THE D S D IS, UM, OBLIGATED TO, UM, WHAT IS IT COMPLY WITH THAT, CORRECT? WELL, IF THE B S B FINDS THAT THERE IS NO VIOLATION, THEN IT'S A MO ISSUE. THERE IS NO VIOLATION. THE, THE CITY, UH, OR THE CODE OFFICER CAN NO LONGER ENFORCE THAT PARTICULAR ELEMENT OF THE VISIT WITH THE, THE HOMEOWNER. SO IT, IT REALLY IS, UH, THE, THE B S C IS THE FINAL DECIDING FACTOR. WHEN IT SAYS IN FAVOR OF THE PROPERTY OWNER, IT'S WHEN THE, UH, B S C IS, UH, TELLING THE OWNER, YOU'RE IN VIOLATION, THEN THEY HAVE THE RIGHT TO APPEAL AT THAT TIME. SO THE DUE PROCESS, UH, HAPPENS, UH, THEN IS THERE A SPECIFIC PLACE IN THE CODE OR SOMEWHERE IN LIKE THE RULES THAT IT SAYS THAT? UH, ACTUALLY I DON'T KNOW THE ANSWER TO THAT QUESTION SPECIFICALLY, BUT I DO KNOW THAT IN CHAPTER SIX, ARTICLE EIGHT, UM, IT PROVIDES THE APPEAL PROCESS TO B S B FOR SAMSON NOTICES. IT PROVIDES FOR THE PROCESS FOR S A P M C CASES TO BE BROUGHT TO THE BOARD AFTER THE 10 DAY NOTICE PERIOD IS NOT COMPLIED WITH. AND IT PROVIDES THE PROCESS OF BRINGING DANGEROUS STRUCTURES WITHIN CHAPTER SIX. AND THE PROVISIONS FOR THE BOARD'S AUTHORITY ON SUMMARY RE ABATEMENTS IS THAT'S ALL OUTLINED. AND IT'S THE SAME ISSUE WITH SUMMARY RE ABATEMENTS, SUCH AS, UH, THERE WAS A PROPERTY WITH WEEDS IN EXCESS OF 48 INCHES. SUMMARY, UH, ACTION WAS TAKEN BY THE CITY WITHOUT NOTICE BECAUSE THE STATE LEGISLATURE HAS DETERMINED WEEDS IN EXCESS OF 48 INCHES IS AN IMMEDIATE HAZARD, AND THE CITY HAS A DUTY TO ABATE IT. SIMILAR TO APPEALING THE SAMHSA NOTICE CITIZENS HAVE THE RIGHT TO APPEAL A SUMMARY ABATEMENT DECISION, AND THE B S B IS LIMITED TO UPHOLDING THE DECISION OR REVERSING IT. AND AS THE CHAIR STATED, ONCE THE B S B SAYS, WE'RE REVERSING DSDS DETERMINATION, THE CASE IS GONE. OKAY. SO I THINK THAT IS A, A GOOD EXPLANATION, BUT I THINK THE FIRST THING THAT, UM, IT SEEMED THAT LEGAL HAD AN ISSUE WITH WAS THE INCLUSION OF THE WORD IMMEDIATE ACTION, JUST BECAUSE THAT VIOLATES STATE LEGISLATOR, UM, OR WHATEVER IT IS. UM, SO MAYBE INSTEAD OF SAYING IMMEDIATE ACTION, WE COULD SAY SOMETHING ALONG THE LINES THAT THE CODE OF OFFICIAL SHALL TAKE, UH, ACTION IN ACCORDANCE WITH THE DECISION OF THE BOARD WITHIN A REASONABLE TIME. I FEEL LIKE THAT COULD POTENTIALLY, UM, NOT VIOLATE THE STATE LEGISLATURE. AND I THINK THAT WOULD BE REASONABLE TO THE BOARD. I, I, I GUESS I I'M NOT UNDERSTANDING, UH, WHAT YOU'RE SEEKING. UM, WE DON'T WANT TO PUT IN THE SS A P M C THAT THE CODE OFFICIAL SHALL TAKE IMMEDIATE ACTION. SO ARE YOU WHAT YOU'RE, ARE, ARE YOU SAYING SO AS SOON AS THE BOARD FINDS, UH, YES, THERE IS A SEWER LEAK, THE CODE OFFICIAL HAS THE RIGHT TO GO IMMEDIATELY THAT DAY AND TURN OFF? NO. SO THAT'S NOT WHAT I'M SAYING. 'CAUSE I SAID IF THAT'S WHAT THIS IS AIMING. YEAH, I'M SAYING THAT IF YOUR ISSUE IS WITH IMMEDIATE WITHIN THIS, UH, UH, UPDATE, THEN INSTEAD OF SAYING IMMEDIATE, WE COULD SAY SOMETHING ALONG THE LINES THAT THE CODE OFFICIAL IS, UM, SHALL TAKE ACTION IN ACCORDANCE WITH THE DECISION OF THE BOARD WITHIN A REASONABLE TIME. SO THAT TAKES OUT THE DEFINITION OR THAT TAKES OUT YOUR CONCERN WHEN IT COMES TO IMMEDIATE, AND THAT STILL WILL HOLD, UM, THAT THE CODE [02:10:01] OFFICIAL NEEDS TO ADHERE TO THE B S B DECISION. AND I KNOW THAT YOU GUYS ARE SAYING THAT THAT IS ALREADY A GIVEN, BUT IT DOESN'T HURT TO ADD IT IN THERE BECAUSE AS WE KNOW, PEOPLE COME, PEOPLE GO, BUT THE CODE WILL STAY. AND I THINK THAT THAT WOULD BE A GOOD, UM, JUST PILLAR TO PUT IN THERE TO MAKE SURE THAT, UM, FUTURE CODE OFFICIALS KNOW THAT THEY ALSO HAVE TO ADHERE, ADHERE TO THE DECISION OF THE B S B. BUT, UH, I GUESS THE PART I'M CONFUSED ABOUT AND BOARD MEMBERS, UH, PLEASE JUMP IN. SHE, SHE'S ACTUALLY PRESENTING, SHE'S PRESENTING THIS AS A FRIENDLY AMENDMENT TO THE MOTION. AND AS A RESULT OF IT BEING PRESENTED AS A FRIENDLY AMENDMENT TO THE MOTION, I'VE GOTTA GO BACK TO THE ORIGINAL PERSON WHO MADE THE MOTION AND SAY, DO YOU ACCEPT THAT, UH, AS A, AS AN ACCEPTABLE AMENDMENT? NO, BECAUSE AS IS, IT IS ALREADY UNDER THE SECTION, IF I REMEMBER IT RIGHT. IS IT A WHERE IT DEFINES ONCE THE DECISION IS MADE, THE PROCESS IS DONE BECAUSE THEY CAN'T TAKE AN IMMEDIATE ACTION? BUT NO, I WON'T ACCEPT THAT. I WON'T, THAT'S WHY I'M SAYING THAT I CALL FOR THE MOTION. THAT'S WHY I'M SAYING THE QUESTION. I CALL THE QUESTION, SINCE THE FRIENDLY AMENDMENT HAS NOT BEEN ACCEPTED, THE MOTION'S BEEN MADE AND SECONDED, THERE HAS BEEN A FRIENDLY AMENDMENT PROPOSED, THE FRIENDLY AMENDMENT IS NOT ACCEPTED, THEREFORE CHAIR CALLS A MOTION. IT SEEMS LIKE YOU GUYS AREN'T UNDERSTANDING THE AMENDMENT THAT I CALL THE QUESTION. I I HAD PRESENTED CALL THE QUESTION IF THE, IS THAT WHAT I'M, I'M SUPPOSED TO SAY CALL TO QUESTION. UH, NO, I, THE, THE CHA PANEL HAS ALREADY HAD THE CALL TO QUESTION TO THE CHAIR. THE CHAIR THEN ACCEPTS THE FACT THAT THE MOTION, UH, DID NOT ACCEPT THE FRIENDLY AMENDMENT AS A RESULT OF THAT. ALL IN FAVOR OF ACCEPTING THE RECOMMENDATION TO KEEP THE SS A P M C AS IN WRITTEN IN 2018. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. THOSE OPPOSED SAY NAY. MOTION CARRIES BASICALLY UL WHAT, WHAT IT WAS, IS YOU WERE PROPOSING SOMETHING TO THE PANEL, UH, AND TO THE PERSON WHO MADE THE ORIGINAL MOTION, UH, BECAUSE THEY HAD MADE THE MOTION SPECIFIC, UH, AND THEY DID NOT ACCEPT YOUR RECOMMENDATION TO THE CHANGE, THEN THE CALL TO VOTE WAS TO THE ORIGINAL MOTION ITSELF. SO THAT'S THE, THE PROCESS THAT IT WENT THROUGH. OKAY. NEXT ITEM PLEASE. AND WE HAVE BASICALLY 11 MINUTES. GO AHEAD. UM, I, I, I'D LIKE TO MAKE A MOTION. UM, I'D LIKE TO MOTION THAT WE EXTEND AT LEAST TWO MEETINGS, UH, FOR THE SS A P M C. UH, THE MOTION ON THE TABLE IS TO ADD MEETINGS TO THE CALENDAR. I DON'T KNOW IF YOU'RE READY TO DO THAT NOW, OR IF YOU WANT TO TRY TO GO AHEAD AND PICK UP ONE ADDITIONAL CODE. YEAH, DEFINITELY. THAT WAS GONNA BE A DISCUSSION DURING DIRECTOR'S REPORT. WE WERE CONSIDERING DEFINITELY ADDING AT LEAST ONE, IF NOT TWO MORE MEETINGS, AGAIN, IN LIGHT OF THE RECENT COMMENTS THAT WE GOT THIS MORNING. SO WE HAVE TO BRING THOSE FORWARD FOR CONSIDERATION, UH, AND IT GIVES PEOPLE ADDITIONAL OPPORTUNITY TO PROVIDE ANY ADDITIONAL COMMENTS OR PROPOSED AMENDMENTS. UH, FROM A PERSONAL POINT OF VIEW, I WOULD LIKE FOR US TO WRITE TWO BECAUSE I WOULD LIKE TO BE ABLE TO PLAN MY CALENDAR ACCORDINGLY. UH, AND IF YOU'VE GOT RECOMMENDATIONS ON THOSE DATES, WE'LL GO AHEAD AND TAKE THOSE DATES NOW. OKAY. AND THEN HOPEFULLY GET TO THE NEXT CODE. DO YOU HAVE DATES SPECIFICALLY? YES, SIR. PLANNED? I DO. THE TWO DATES THAT WE HAVE ON CONSIDERATION IS JUNE 24TH. AGAIN, IT'S GONNA BE THE SAME TIME. CHAIR. CHAIR, UH, THERE WAS NO SECOND TO THE MOTION. UH, THAT'S CORRECT. I SECOND THE MOTION. MOTION. THE MOTION HAS BEEN MADE TO PICK UP ADDITIONAL DATES. THE SECOND HAS BEEN MADE. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. A AS OPPOSED SAY NAYYY. WE'LL PROCEED ON AND GIVE US THE DATES AGAIN. 24 JUNE. AND, AND JULY THE EIGHTH. JULY 8TH. SAME TIME? YES, MA'AM. THE SAME TIME, SAME PLACE. ONE O'CLOCK, SAME LOCATION. AND WE WILL TAKE A POLL ACCORDING TO INDIVIDUALS AND MAKE SURE THAT WE HOPEFULLY HAVE A QUORUM BEFORE WE GET TO THE PLACE ITSELF. THANKS FOR POINTING OUT THE FACT THAT WE DID NOT HAVE A SECOND ON THE MOTION. IT'S VERY GOOD. WE WILL MOVE NOW TO THE NEXT ITEM ON THE, UH, FOR REVIEW. OKAY. NEXT ITEM ON THE AGENDA FOR REVIEW IS ITEM NUMBER 20. UM, SECTION 1, 1 2 0.1. AUTHORITY, UH, STAFF'S RECOMMENDATION TO ACCEPT THE, UM, OR RATHER TO, UH, TO, UM, WELL WAIT. YES, I'M SORRY. I APOLOGIZE. TO, TO ADOPT OR, OR AS WRITTEN. RIGHT. SO THERE'S THIS SECTION THAT THEY'RE ADDING, THEY'RE CHANGING ONE WORD AND THEY'RE FROM WHEN, FROM WHENEVER TO WHERE. AND SO OUR RECOMMENDATION WOULD BE TO ADOPT AS WRITTEN. THAT'S THE 2021 I P M C AS WRITTEN? YES SIR. YES, SIR. THAT'S CORRECT. MR. CHAIR, OUR MOTION THAT WE ACCEPT THE 2018 VERSION AND ACCEPT AS WRITTEN ON ITEM 20 I SECOND. [02:15:06] THE MOTION ON THE FLOOR IS TO ACCEPT 2018 S A P M C WITH, UH, THE CHANGE AS WRITTEN. IS THAT A CORRECT MOTION? 2018 ITEM 20 AS WRITTEN AS WRITTEN. OKAY, SO THIS IS NOT CHANGED, OKAY. IS, SO IT'S ADOPTED 2018 S A P M C AS WRITTEN AND THE MOTION, UH, AND THE SECOND WAS ACCORDINGLY TO THAT MOTION, CORRECT? YES, SIR. ANY DISCUSSION ON ACCEPTING THE 2018 S A P M C AS WRITTEN? UH, JUST TO CLARIFY, AND SO, UH, BOARD MEMBER ANDES, UH, YOU'RE NOT WANTING TO CHANGE, UM, WHENEVER TO WHERE IN THE 2021? THAT IS WHAT STAFF IS RECOMMENDING? YEAH. SO OUR RECOMMENDATION IS TO ADOPT AS WRITTEN. SO ADOPT THE 2021 I P M C AS WRITTEN. OH, YOU WANT 2021? OH, YES. THAT WAS NOT THE MOTION. SO THAT, YEAH. ALRIGHT. UM, WELL WAIT A MINUTE. WE NEED TO SET ASIDE YOUR MOTION IF THAT'S THE CASE. 'CAUSE IT'S BEEN A SECOND. UH, THE RECOMMENDATION FROM, UH, STAFF IS TO ACCEPT THE 2021 I P M C AS WRITTEN. THE MOTION WAS TO ACCEPT THE 2018 SS A P M C AS WRITTEN WITH A SECOND TO THAT. UH, AND WE WILL CALL A MOTION, UH, WE WILL CALL THE VOTE ON THAT PARTICULAR MOTION. ALL IN FAVOR OF ACCEPTING THE 2018 S A P M C CHAIR. CHAIR. I, I, THE MOTION WAS TO ACCEPT THE 2018, HOLD THAT, OH, EXCUSE ME. UH, THANK YOU. IF YOU WOULD PLEASE COME FORWARD. I'M SORRY. AND AGAIN, I'M SORRY. STATE THE NAME AGAIN AND JUST PLEASE VERIFY HOW YOU'RE A CITIZEN. THANK YOU. MY NAME IS ERMA HOFFMAN, A SAN ANTONIO RESIDENT. AND PLEASE FORGIVE MY IGNORANCE, BUT WHAT DOES THAT MEAN? A STOP WORK ORDER? WHAT, WHAT ARE THE CONDITIONS UNDER THAT? THE STOP WORK ORDER SPECIFICALLY MEANS EXACTLY THAT. STOP DOING WHAT YOU'RE DOING. IF YOU'RE RACKING REPAIRS, UH, ON YOUR HOME, UH, THEN YOU MUST STOP MAKING THOSE REPAIRS. OR IF YOU'RE DOING ANYTHING ELSE TO YOUR HOME, NOT NECESSARILY REPAIRS EVEN. UH, AND STOP WORK CAN BE MADE. UH, SO IT'S, IT LITERALLY STOP DOING WHAT YOU'RE DOING ON YOUR HOME. WHY? I DON'T, I I DON'T UNDERSTAND. UH, AND, AND THERE'S TOO MANY VARIABLES IN THAT TO BE ABLE TO EXPLAIN IT. BUT IF SOMEONE IS DOING SOMETHING TO THEIR HOME THAT WAS EITHER IMPROPER WITHOUT CODE, I MEAN WITHOUT PERMIT, UH, OR IN VIOLATION OF ANY LAW, UH, THEN THEY CAN ORDER A STOP DOING THAT BECAUSE IT'S, IT'S CONTRARY TO, UH, THE LAW AND, OR, UH, PERMITS OR SOMETHING OF THAT NATURE. SO IF I HAD MY, UH, HANDYMAN COME OVER AND REPAIR A FEW BOARDS ON THE PORCH, IF, IF THEY WERE DOING REPAIRS ON YOUR PORCH THAT WERE IN, NOT IN ACCORDANCE WITH CODE OR NOT IN ACCORDANCE WITH A PERMIT, THEY WOULD TELL YOU, STOP DOING THAT. OH MY GOSH. PARDON ME. NO, I'M, I'M GOING, OH MY GOSH. OH YES. OH MY GOSH. HE'S CORRECT. I UNDERSTAND THAT YOUR CONCERN, BUT THAT'S, THAT'S THE ABILITY FOR THEM TO ACTUALLY SAY IT. WHAT ELSE HAVE YOU GOT ON THIS PARTICULAR CODE? THAT, THAT'S VERY, I'M, I IT'S VERY, THAT'S VERY SCARY. UH, IT IS SCARY, BUT AGAIN, THERE IS, UH, PROCEDURE, NOT PROCEDURE. THERE IS LAW BACKING IT UP. AND I SAY LAW, THERE'S EITHER LAW OR CODE BACKING UP AT STOP ORDER. UH, AND AS A RESULT, YOU HAVE TO DO THAT. UH, IF, IF IT'S CONTRARY TO PERMIT, ESPECIALLY, UH, THEN THE STOP ORDER SHOULD BE MADE. BECAUSE IN ORDER FOR YOU TO DO ANY WORK, NOT ANY WORK, IN ORDER FOR YOU TO DO SOME WORK, YOU MUST HAVE A PERMIT. AND IF YOU DON'T HAVE THAT PERMIT, YOU MUST STOP ANYTHING ELSE THAT YOU'VE GOT. MR. CHAIR? YES, MA'AM. IF I CAN JUST PROVIDE AN EXAMPLE. UH, THERE IS SPECIFIC TYPES OF REPAIRS, REHAB, LIKE SUCH AS FOUNDATION OR PLUMBING OR ELECTRODE THAT REQUIRE PERMITS. WHAT THIS IS RELATED TO IS WORK THAT REQUIRES A PERMIT PRIOR TO BEGINNING THAT WORK. SO, AS AN EXAMPLE, I LIVE IN A HISTORIC DISTRICT. JUST WITHDRAW YOUR MOTION. I START, UH, TRYING TO REHAB MY HISTORIC HOUSE WITHOUT GETTING APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION OR H D R C. THIS ALLOWS CODE ENFORCEMENT OR THE OFFICE OF HISTORIC PRESERVATION TO ISSUE A STOP WORKER WORK ORDER UNTIL I [02:20:01] COME INTO COMPLIANCE WITH THE LAW THAT REQUIRES, UH, H D R C APPROVAL 18. I UNDERSTAND MADAM. 'CAUSE YOU ARE, YOU LIVE IN A HISTORIC DISTRICT. AND, AND WITH ALL DUE RESPECT, I'M, I FEEL THAT YOU HAVE THE MEANS TO PAY FOR THAT, OR THAT WAS A CHOICE THAT YOU MADE LIVING IN A HISTORIC DISTRICT. BUT IF I MAY SAY THIS WITH EVERYONE HERE, UM, I, I, AND I'M NOT GOING TO HAVE A SHOW OF HANDS OR ANYTHING, BUT I, I FEEL THAT ALL OF US HERE HAVE HAD OUR HOMES. MAYBE WE'VE HAD HANDYMAN COME AND TAKE CARE OF A LITTLE BIT OF THIS AND THAT, AND TO, TO PROPOSE THAT SOMEONE CAN STOP MY , STOP MY HANDYMAN FROM PUTTING UP A FEW BOARDS, UH, WHO HAS A LOT OF EXPERIENCE OVER 30 YEARS OF EXPERIENCE WITHOUT A PERMIT. IT'S VERY SCARY. AGAIN, I JUST, UH, I JUST, AGAIN, I I I KNOW YOU'LL VOTE WHICHEVER WAY YOU CHOOSE, BUT THIS IS, AGAIN, POINTING TOWARDS SUCH WORLD DOMINANCE AND SURVEILLANCE AND, UM, UH, UH, JUST A, A DOMINANCE. AND I'M, I'M TAKEN ABACK BY THE CONSCIOUSNESS THAT IS LOOMING OVER US WORLDWIDE. SO, UM, UH, I KNOW YOU'RE GONNA VOTE FOR THIS, BUT I, I FEEL THAT IT'S VERY, UH, IT'S JUST VERY SCARY AND THE, THE WHOLE CONSCIOUSNESS OF SURVEILLANCE AND MONITORING IS LOOMING OVER US. SO WE HAVE TO DEAL WITH OUR CONSCIENCE, BUT WE'RE, WE'RE, UH, THIS IS, I MEAN, YOU MAY AS WELL PUT A CHIP ON OUR HOMES AND CHIP ON OUR BODIES BECAUSE, UM, THE STATE OR THE NATION IS TELLING US THAT WE HAVE TO OBEY. SO, THANK YOU FOR LISTENING. CHAIR, CHAIR. THIS IS EMIN TOMAS DEVELOPMENT SERVICES. YES, SIR. LEMME JUST CLARIFY ONE THING. UH, LIKE SAVITA MENTIONED, THIS IS ONLY ALLOWED FOR, UH, THE CODE OFFICER OR OFFICE OF HISTOR HISTORIC PRESERVATION TO PUT THE STOP WORK ORDER. IF THE WORK THAT'S BEING DONE IS REQUIRED TO HAVE A PERMIT. SO A HANDYMAN COMING IN, REPLACING COUPLE OF BOARDS OR DOING ANYTHING LIKE THAT, THAT IS NOT A PERMITTED WORK. THE REASON WHY DEVELOPMENT SERVICES REQUIRE PERMITS IS THE SAFETY. SO IF I WANNA GO AND REWIRE MY HOUSE, CHANGE ALL THE WIRING, ALL THE ELECTRICAL WIRING IN MY HOUSE, THAT IS A SAFETY ISSUE. SO IF I GET SOMEBODY WHO IS NOT LICENSED OR IF EVEN THEY'RE LICENSED, BUT THEY DO A MISTAKE AND CAUSES A FIRE, THAT'S THE REASON WHY A PERMIT IS REQUIRED AND INSPECTIONS ARE NEEDED. IF WE GO TO A HOUSE AND WE SEE THAT'S HAPPENING WITHOUT A PERMIT, WE WILL, UH, PUT A STOP WORK FOR THE SAFETY OF THE OWNER. BUT WE DON'T DO STOP WORK FOR A HANDYMAN TO PAINT A ROOM OR CHANGE COUPLE OF BOARDS OR ANYTHING LIKE THAT. YEAH. THE, THE TERM SCARY IS A, IS SOMETIMES A VERY INTERESTING WORD BECAUSE YOU DO GET SCARED EVERY ONCE IN A WHILE, BUT AT THE SAME TIME, WHEN SOMEONE IS DOING WIRING THAT HAS THE POTENTIAL TO ELECTROCUTE AND KILL SOMEBODY ELSE, IT EVEN GETS MORE SCARY. SO THE SCARY IS, IS STILL A VERY GOOD WORD. AND I LIKE THE WORD REAL WELL. UH, MR. ANDES, YOU HAD A COMMENT OR HAD A YEAH, MR. CHAIR, I WOULD LIKE TO, UH, WITHDRAW MY MOTION TO MAKE A NEW MOTION. UH, THE, THE MOTION IS ACTUALLY, THE MOTION WANTS TO WITHDRAW THE SECOND I CONCUR. SHE CONCURS WITH THE WITHDRAWAL, THEREFORE, YOU'RE ALLOWED TO WITHDRAW. AND YOU SAID YOU WANTED TO MAKE ANOTHER MOTION? YES. UH, MR. CHAIR, I'D LIKE TO MOTION THAT WE KEEP OUR, OUR ADOPT THE 2021 AS IS ON ITEM 20. I SECOND. THE MOTION IS NOW TO ADOPT THE 2021 I P M C, UH, AS DRAFTED. ANY DISCUSSION ON THAT MOTION? IF NOT ALL IN FAVOR OF ACCEPTING THE 2021 I P M C AS WRITTEN? SAY AYE. AYE. AYE. THOSE OPPOSED SAY NAY. MOTION CARRIES. IT IS NOW FOUR O'CLOCK. DO YOU WANNA TRY ONE MORE OR DO YOU WANT TO, THERE'S FOUR MORE ITEMS TO GO THROUGH. IT'S UP TO THE COMMITTEE. IF THEY WANNA CONTINUE, THE CHAIR WANTS TO MOVE FORWARD. ANYBODY OBJECT TO THAT CHAIR? I, I, IF I COULD ASK A QUESTION, UH, UH, ON, ON THE ITEM, UH, BEFORE THIS, UH, NUMBER 20 ON 19, UH, STAFF RECOMMENDED, UH, TO KEEP THE, UH, THE ORIGINAL, UH, DRAFT, UH, 2018 AS DRAFTED. AND MY QUESTION IS, WHAT IS THE DIFFERENCE BETWEEN WHENEVER AND [02:25:01] AND WHERE? WHY, WHAT, WHAT WAS THE STAFF RECOMMENDATION BASED ON, ARE YOU TALKING ABOUT ITEM NUMBER 20 OR 19? I'M SORRY, 2020. OKAY. UH, JUST TO BE CONSISTENT WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE, RIGHT? IT'S, IT'S SEMANTICS. IT'S IT'S FROM, FROM WHENEVER TO WHERE, UM, THE CODE ITSELF DIDN'T CHANGE. UM, THE LANGUAGE READ THE, PRETTY MUCH THE EXACT SAME THING WITH THE EXCEPTION OF THAT WORD. SO, SO YOU'RE SAYING, UH, ON THE 2021, UH, DRAFT, THE WORD CHANGED TO WHERE THAT'S CORRECT. ON THE 2021 I P M C. IT, IT, IT CHANGED FROM WHENEVER TO WHERE AND, AND WE'RE GONNA KEEP WHENEVER, RIGHT? NO, SIR. THE, THE, THE, THE RECOMMENDATION WOULD BE TO ADOPT AS WRITTEN TO CHANGE IT FROM WHENEVER TO WHERE. GO AHEAD, PUT THE NEXT TITLE. ADAM, MR. ADAM. UH, WE DO HAVE ONE MEMBER WHO IS DEPARTING, HOWEVER WE MAINTAIN A QUORUM. TWO. TWO. WE DON'T HAVE QUORUM. MR. CHAIR? UH, YES MA'AM. UH, I WOULD ENCOURAGE, UH, ENCOURAGE YOU TO SEE FIRST IF THERE'S ANY MEMBERS IN THE AUDIENCE WHO WOULD LIKE TO, UH, PROVIDE ANY GENERAL COMMENTS. UH, THAT WAY, UH, THEY HAVE THE OPPORTUNITY TO DO SO. AND THEN WE COULD ADDRESS THE OTHER CODE MATTERS AT THE NEXT MEETING SO AS TO MAKE SURE THAT IF THEY CAME AND THEY STILL WANT TO SPEAK, UH, WE HAVEN'T WASTED THEIR TIME. AND WE ACCEPT THAT BECAUSE WE NO LONGER HAVE A QUORUM. SO WE'RE GONNA STOP AT THIS POINT, OKAY? AND WE WILL INVITE PUBLIC COMMENT IF WE HAVE ANY ADDITIONAL GENERAL PUBLIC COMMENTS, THAT'S FINE. OKAY. UH, WITHOUT OBJECTION. I'M SORRY, DANNY. THAT'S FINE. WE ARE ADJOURNED UNDER UNANIMOUS CONSENT. UNLESS THERE'S AN OBJECTION. THERE WAS NO COMMENT. THERE WAS NO COMMENT. NO COMMENT. OKAY. WE'RE READY TO GO. ANYBODY ELSE? OKAY, WE'RE ADJOURNED. ALRIGHT, THANK YOU. NEXT MEETING IS GOING TO BE 24 JUNE, THAT'S CORRECT. JUNE 24, 1 O'CLOCK. THIS LOCATION? YES SIR. THANK YOU VERY MUCH. APPRECIATE IT. THANK YOU. THANK YOU STAFF. THANKS COUNSEL. KEEP IT KEEPING STRAIGHT. WE APPRECIATE YOU TOO. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.