Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


OKAY.

THANK

[00:00:01]

YOU MARY.

UH, WELCOME TO THE

[Permit and License Appeal Board on December 7, 2023.]

HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.

IT IS 8 41 ON THURSDAY, DECEMBER 7TH, 2023.

WE HAVE TWO HEARINGS ON TODAY'S AGENDA.

FIRST FOR NEON COWBOY, APPEALING THE DENIAL OF A DANCE HALL, LATE HOURS PERMIT, AND LINDA CRABTREE APPEALING THE NOTICE OF A FINAL DESIGNATION AS A HABITUAL NUISANCE PROPERTY.

UH, AT THIS TIME, I WILL DO A ROLL CALL AND IF YOU ARE PRESENT, PLEASE SAY HERE, UH, MS. ARIANO, MS. AYALA.

MS. WILLIS.

I'M HERE.

UH, VICE CHAIR TORRES.

HERE.

UH, MR. JEFFERSON, WHO WILL BE A IRVING? UH, MR. ILLA.

HERE.

MR. JEFFS? HERE.

MR. HAYES? HERE.

MR. QUINT? HERE.

SHIN.

HERE.

MR. VERA.

HERE.

WELCOME.

UH, AND I AM HERE.

SO ABSENT FROM TODAY'S MEETING ARE ARIANO AND MR. JEFFERSON, YOU WON'T COUNT IT AGAINST HIM, UH, ARE TWO NEW MEMBERS, MR. VERA.

AND, UH, MR. JEFFERSON, WHEN HE CONNECTS, WILL BE OBSERVING THIS AS IT IS THEIR FIRST HEARING.

UH, HOWEVER, WE DO HAVE A QUORUM PRESENT AND THE MEETING IS NOW CALLED TO ORDER.

WILL THE OTHERS PRESENT AT TODAY'S HEARING? PLEASE INTRODUCE YOURSELVES, BEGINNING WITH THE BOARD'S GENERAL COUNSEL.

OKAY.

UH, MY NAME IS MATTHEW SAPP, AND I'M THE BOARD COUNSEL WITH THE ASSISTANT CITY.

I'M AN ASSISTANT CITY ATTORNEY WITH THE CITY ATTORNEY'S OFFICE.

THANK YOU.

MR. SAP AND THE CITY SECRETARY'S OFFICE.

ME, LAVA MARTINEZ.

DONNA BROWN.

NANCY SANCHEZ.

THANK YOU.

AND, UH, THE FIRST APPELLANT FOR THE NEON COWBOY.

I THINK YOU, MS. WHALE, YOU MAY BE ON MUTE.

DO WHAT? OKAY.

OKAY.

UH, COULD YOU IDENTIFY YOURSELVES, PLEASE? I'M LINDA WHALEY FROM NEON COWBOY.

ALL RIGHT.

OKAY.

YEP.

UH, AND, AND DO YOU HAVE A WITNESS WITH YOU, MS. WHALEY? YES.

I'M KATHY SELF AND I'M THE BOOKKEEPER FOR THE CLUB.

THANK YOU, MS. WHALEY, MS. SELF AND, UH, THE CITY ATTORNEY FOR THE FIRST, FIRST ONE.

THIS IS DAVID WILKINS WITH THE CITY OF DALLAS.

MM-HMM.

MORNING, MR. WILKINS.

AND, UH, I UNDERSTAND YOU PROBABLY DO NOT HAVE ANY WITNESSES, OR DO YOU, UH, DID NO, THAT'S, THAT'S RIGHT.

ALRIGHT.

I BE NOT GONNA BE PRESENTING WITNESS TODAY.

ALRIGHT.

UH, ALL RIGHT.

AND WE WILL DO INTRODUCTIONS FOR THE SECOND HEARING WHEN WE GET TO THE SECOND HEARING.

UM, THE FIRST ITEM ON THE AGENDA IS PUBLIC SPEAKERS.

WE'LL NOW ALLOW FOR PUBLIC COMMENT ON TODAY'S HEARINGS.

UH, SPEAKERS ARE ALLOWED THREE MINUTES AND MUST STAY ON TOPIC.

UH, MEMBERS OF THE BOARD ARE NOT ALLOWED TO ASK QUESTIONS OF SPEAKERS.

WE DO HAVE ONE INDIVIDUAL REGISTERED TO ADDRESS THE BOARD.

ALL OF TALLY, UH, MS. TALLY, YOU'RE HERE.

UM, I WILL NOW RECITE THE SPEAKER GUIDELINES.

SPEAKERS MUST OBSERVE THE SAME RULES OF PROPRIETY DECORUM AND GOOD CONDUCT APPLICABLE TO MEMBERS OF THE BOARD.

ANY SPEAKER MAKING PERSONAL IMPER, PROFANE, OR SLANDEROUS REMARKS, UH, WHO BECOMES BOISTEROUS WHILE ADDRESSING THE BOARD SHALL BE REMOVED FROM ADDRESSING THE BOARD.

UM, MS. TALLEY, YOU MAY PROCEED FOR THREE MINUTES.

THANK YOU.

OLIVE TALLEY, 61 33 PROSPECT AVENUE.

I'M A LEADER OF THE EDGEMONT PARK CONSERVATION DISTRICT.

I'M HERE TODAY TO ASK YOU TO PLEASE UPHOLD AND CONFIRM THE DESIGNATION OF 2 1 1 4 CLEMENTS AS AN HABITUAL PERMANENT, HABITUAL, NUISANCE PROPERTY.

I'VE LIVED IN MY HOME FOR 22 YEARS AND FOR THE LAST DECADE, THIS HOME WELL, WHICH IS NOT INHABITABLE BY A HUMAN, HAS SAT VACANT OUT OF CODE COMPLIANCE AND UNINHABITABLE BY HUMANS FOR A DECADE.

THE HOME HAS BEEN OWNED BY THE CURRENT OWNERS FOR THE LAST EIGHT YEARS.

SINCE 2015, THEY HAVE HAD PLENTY OF TIME TO MAKE REPAIRS.

THIS

[00:05:01]

HOME IS ONLY ABOUT 500 SQUARE FEET OR LESS.

IT'S ACTUALLY FOUR 40.

AND INSTEAD, THE OWNERS HAVE STALLED, DELAYED REPEATEDLY, THUMBED THEIR NOSE AT THE CITY, REGULATIONS, REFUSING TO COMPLY WITH THE STANDARDS THAT ARE DESIGNED TO PROTECT THE SELF SAFETY, HEALTH AND WELFARE OF DALLAS RESIDENTS.

WE'VE PUT UP WITH COYOTES MAKING A DEN UNDERNEATH THE HOUSE.

WE'VE SEEN DRUG DEALS.

UM, THE LOCAL NBC NEWS AFFILIATE DID A STORY ABOUT THIS IN MARCH OF 2018.

UH, I LIVE CATTY-CORNERED ACROSS FROM IT.

AND WHEN I PULL INTO MY DRIVEWAY AT NIGHT, I'M VERY CAUTIOUS AND NO WOMEN WALK ON THAT PART OF THE STREET ANYMORE.

UH, WE'VE GONE THROUGH THREE DIFFERENT CITY COUNCIL MEMBERS, DOZENS OF CODE OFFICERS, DOZENS OF ASSISTANT CITY ATTORNEYS TO GET SOME RESOLUTION WITHOUT SUCCESS.

WHY WOULD SOMEBODY BUY A PROPERTY IN A STABLE NEIGHBORHOOD, IN A THRIVING PART OF EAST DALLAS AND REFUSE TO FIX UP THE HOUSE AND MAKE IT LIVABLE? IT MAKES NO ECONOMIC SENSE.

IT MAKES NO LOGICAL SENSE.

BUT LOOK AT THE PICTURES THAT HAVE BEEN SUBMITTED BY THE ASSISTANT CITY ATTORNEY.

THERE'S VERY LITTLE DIFFERENCE IN WHAT YOU SEE NOW COMPARED TO WHAT YOU'VE SEEN OVER THE LAST FIVE YEARS.

UM, THE WINDOWS ARE NOW BOARDED UP AND I MEAN, COVERED UP WITH BLACK PLASTIC.

SO YOU CAN'T SEE INSIDE.

I'M TOLD THEY'RE TRYING TO MAKE THIS A TOTALLY GREEN SUSTAINABLE HOME.

UH, FRANKLY, IT'S LAUGHABLE.

UM, AND IT'S GREAT IDEA, BUT POOR IF NOT INCOMPETENT EXECUTION.

UM, AGAIN, THIS IS A TINY HOUSE, LESS THAN 500 FEET.

UH, IT'S A HOBBLE.

IT'S BEEN A HOBBLE FOR AS LONG AS IT HAS BEEN UNOCCUPIED SINCE THE PREVIOUS OWNER DIED IN 2012.

UH, I KNOW THIS BECAUSE I KNEW HIM.

WE ALL KNOW OUR NEIGHBORS.

WE LIKE TO KNOW EACH OTHER.

UH, WHEN I TRIED TO INTRODUCE MYSELF TO THIS CURRENT OWNER SEVERAL YEARS AGO, I WAS MET WITH UTTER HOSTILITY.

UM, THE OWNERS DON'T SEEM TO CARE ABOUT THE IMPACT ON THEIR NEIGHBORS AND ON US.

UH, THEY'VE MADE NO ATTEMPT TO GET TO KNOW US.

THANK YOU, MS. TALLY, THAT'S YOUR TIME.

OKAY.

THANK YOU.

ALL RIGHT.

WE WILL NOW MOVE ON TO ITEM NUMBER TWO ON OUR AGENDA, WHICH IS APPROVAL OF THE MEET MINUTES FROM THE PRIOR MEETING, UM, NOVEMBER 2ND, 2023.

UH, I BELIEVE EVERYBODY HAS A COPY OF THE MINUTES.

IS THERE A MOTION REGARDING THE MEETING MINUTES FOR NOVEMBER 2ND, 2023? I MOVE.

WE APPROVE THE MINUTES AS SUBMITTED.

THANK YOU, MR. HAYES.

IS THERE A SECOND? SECOND, MR. QUINT? YES, SIR.

ALRIGHT.

SECONDED BY MR. QUINT.

UH, IS THERE ANY DISCUSSION ON THE MOTION? ALL RIGHT.

UM, ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THE MINUTES OF NOVEMBER 2ND, 2023.

SAY, AYE.

AYE.

AYE.

ANY OPPOSED? SAY NAYYY.

MOTION PASSES UNANIMOUSLY.

ALL RIGHT.

ITEM NUMBER THREE IS THE APPEAL HEARING FOR NEON COWBOY.

UM, NEON COWBOY IS APPEALING THE DENIAL OF A DANCE DANCEHALL LATE HOURS PERMIT UNDER SECTION 14 DASH 3.1 OF THE DALLAS CITY CODE.

THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT.

UM, AT THIS TIME, ANY WITNESSES WHO WISH TO TESTIFY IN THE HEARING WILL BE SWORN IN BY THE CITY'S SECRETARY'S OFFICE.

SO IF YOU WOULD, UH, PLEASE, UH, RAISE YOUR RIGHT HAND AND BE SWORN IN BY THE CITY SECRETARY'S OFFICE.

DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU WILL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? YES.

THANK YOUR HONOR.

THERE YOU GO.

UM, ALRIGHT.

THANK YOU.

AND NOW, BEFORE WE GET TO TIME LIMITS AND PROCEDURAL, AND I MEAN INTO THE SUBSTANCE, I HAVE A PROCEDURAL ISSUE THAT WAS RAISED BY THE CITY ATTORNEY'S OFFICE.

UM, MY UNDERSTANDING IS THAT THE, UH, APPELLANT NEON COWBOY APPLIED FOR A DANCE HALL PERMIT AND ACTUALLY RECEIVED A NOTICE THAT IT WAS DENIED A LATE HOURS PERMIT.

IS THAT CORRECT?

[00:10:01]

THAT'S, THAT'S CORRECT.

WE, WE WERE GIVEN THE APPLICATION FOR A LATE HOURS DANCE PERMIT, BUT, UH, I WENT DOWN TO DALLAS AND DID EVERYTHING, AND THEY KEPT TELLING US WE NEEDED A LATE HOURS AND WE, WE CLOSED IT TOO.

ALL WE NEEDED WAS A DEBT HALL PERMIT.

AND THAT'S WHAT WE THOUGHT WE WERE COMING HERE TODAY FOR UNTIL I GOT AN EMAIL LAST NIGHT SAYING THAT IT WAS ALSO LATE HOURS.

WE DON'T NEED LATE HOURS.

WE CLOSE AT TWO O'CLOCK.

OKAY.

SO, UH, WHAT IS NOTICED AND BEFORE THE BOARD IS THE DENIAL OF THE LATE HOURS PERMIT, BECAUSE NOTWITHSTANDING THE FACT, MY UNDERSTANDING THAT NEON COWBOY DID NOT APPLY FOR A LATE HOURS PERMIT, NO, IT WAS DENIED A LATE HOURS PERMIT.

SO I'M GONNA ASK MR. WILKINS, IF YOU KNOW THE STATUS OF NEON COWBOYS APPLICATION FOR A DANCEHALL PERMIT.

WELL, AT THIS POINT, THEY'VE NOT RECEIVED A DENIAL OF IT.

SO THERE'S NOTHING CURRENTLY TO APPEAL UNTIL THEY GET THE DENIAL LETTER FOR THE DANCEHALL LICENSE.

IT, THE APPLICATION WAS FOR A CLASS A DANCEHALL LICENSE.

SHE'S CORRECT.

SHE DID NOT APPLY FOR A LATE HOURS PERMIT.

THAT THAT MUST HAVE BEEN A CLERICAL ERROR ON THE CITY'S PART.

OKAY.

UM, SO, UH, MS. WHALEY, NOT WITHSTANDING THE FACT THAT YOU DID NOT APPLY FOR A LATE HOURS PERMIT, YOU DID RECEIVE A DENIAL OF ONE AND YOU DID FILE AN APPEAL OF ONE.

SO WE CAN PROCEED ON THAT APPEAL TODAY IF, IF, I MEAN, IT'S YOUR CHOICE.

UM, BUT IF YOU DON'T WANT A LATE HOURS PERMIT, THEN WE CAN CONSIDER THIS MATTER DROPPED AND, UH, YOU WAIT UNTIL YOU GET THE DENIAL OR APPROVAL OF YOUR ACTUAL DANCEHALL LICENSE.

OKAY.

OKAY.

WELL, WE, WE DON'T WANT THE LATE HOURS, BUT I'VE BEEN WORKING ON THIS FOR SIX MONTHS AND WE'VE PAID OUT ABOUT $5,000 AND WE'RE JUST TRYING TO GET THE DANCEHALL PERMIT.

I, I, I UNDERSTAND THAT.

UNFORTUNATELY, WE HAVEN'T.

I'M, AS FAR AS I CAN TO UNDERSTAND FROM MR. WILKINS, THAT HASN'T BEEN RESOLVED YET.

AND I GUESS MAYBE DUE TO THE CLERICAL ERROR, THE CITY THOUGHT IT WAS RESOLVED, BUT IT'S NOT.

UM, AND SO YOU MAY NEED TO, UH, UNFORTUNATELY CONTINUE WORKING WITH THE CITY TO GET THAT BACK ON TRACK, UH, AND, AND COME TO US IF THAT DOES EVENTUALLY GET DENIED.

UM, BUT, BUT WHAT'S NOTICED TODAY IS THE LATE HOURS PERMIT.

UM, SO IF THAT MATTER IS, IF YOU'RE NOT INTERESTED IN THE LATE HOURS PERMIT, THEN I THINK WE JUST CONSIDER THAT RESOLVED FROM THE BOARD'S PERSPECTIVE.

OKAY.

OKAY.

SO WHAT WE KEEP ON OPERATING, WHAT DO WE DO? I MEAN, ALL WE WANT IS THAT LITTLE DANCE HALL PERMIT.

UH, I DON'T KNOW THE ANSWER TO THAT.

OKAY.

QUESTION, UNFORTUNATELY.

OKAY.

UM, SO I DON'T, SO WE JUST KEEP WORKING ON THE PAPERWORK WE'RE DOING NOW WITH THE CITY, RIGHT? BECAUSE WE, YEAH, BECAUSE I DON'T WANT LATE HOUR LICENSE TWO O'CLOCK LATE ENOUGH, RIGHT? YEAH.

SO THE, THE LATE HOURS PERMIT THAT YOU DIDN'T APPLY FOR WILL STILL BE DENIED.

UM, AND I UNDERSTAND THAT YOUR, YOUR DANCE HALL LICENSE IS STILL PENDING.

UH, SO YOU'LL JUST NEED TO FOLLOW UP WITH, UH, WITH THE CITY REGARDING THAT.

OKAY? OKAY.

ALL ALL RIGHT.

DOES THAT MATCH YOUR UNDERSTANDING, MR. WILKINS? YES.

ALL RIGHT.

ARE YOU HA IS THE CITY HAPPY WITH THAT RESOLUTION? YES, SIR.

ALRIGHT.

VERY GOOD.

UH, THANK YOU.

AND, UH, UH, Y'ALL ARE WELCOME TO STAY FOR THE REMAINDER OF THE HEARING OR, UH, OR DISCONNECT.

OKAY? THANK YOU.

THANK YOU, MR. CHAIR.

MR. CHAIR.

THANK YOU.

UM, ALRIGHT, MR. CHAIR, DO WE NEED A MOTION? UH, YEAH.

MR. HAYES, DO WE NEED A MOTION OR DO, DOES THIS JUST DROP BY IGNORING IT? UM, YOU KNOW, A MOTION IS PROBABLY A GOOD IDEA.

UM, DO YOU HAVE A MOTION REGARDING, UH, THE DENIAL OF THE DANCE HALL? MR. MR. CHAIRMAN? MAY, MAY I INTERJECT REAL QUICK? THERE, THERE MAY HAVE BEEN A DENIAL LETTER FOR A DANCEHALL FOR A DENIAL OF AN APPLICATION FOR A DANCEHALL LATE HOURS PERMIT.

YES, BUT THERE WAS NO APPLICATION FOR IT.

SO IT'S JUST THE NULLITY THERE.

IT'S IMPROPERLY BEFORE THE BOARD ALTOGETHER THERE, THERE'S NOTHING TO DENY.

SHE NEVER ACTUALLY APPLIED FOR IT.

YEAH, I AGREE WITH, UH, MR. WILKINS'S INTERPRETATION.

I THINK IF WE JUST MOVE FORWARD, THE BOARD IS, UH, ACCEPTING THAT BY ACQUIESCENCE AND, AND A MOTION WOULDN'T NECESSARILY BE REQUIRED, ALTHOUGH,

[00:15:01]

ALL, ALRIGHT, HOW ABOUT WE JUST TREAT THE APPEAL AS WITHDRAWN? HOW ABOUT THAT? ALL RIGHT.

APPEALS WITHDRAWN AND THEREFORE NO MOTION AND NO, UH, DETERMINATION BY THE BOARD IS NECESSARY.

UM, SO WE ARE NOW READY TO GO ON THE RECORD FOR THE SECOND APPEAL HEARING OF THE PERMIT AND LICENSE APPEAL BOARD.

UH, FORTUNATELY, NO RECESS WAS NECESSARY.

UH, AT THIS TIME I WILL DO A ROLL CALL.

UH, WE'RE NOT GONNA DO ANOTHER ROLL CALL OF THE BOARD.

UM, ALTHOUGH I WILL NOTE THAT MR. JEFFERSON IS NOW PRESENT AND OBSERVING.

WELCOME TO THE BOARD, MR. JEFFERSON.

UM, AND WE WILL DO A ROLL CALL FOR THE PARTIES.

UH, WHO DO WE HAVE FOR THE APPELLANT ON THIS ONE? IS MS. CRABTREE ON HERE? I DO NOT SEE MS. CRABTREE CONNECTED.

UM, OKAY.

IS THERE ANYBODY ON, UH, FOR MS. CRABTREE OR THE PROPERTY? HAS ANYBODY HEARD FROM MS. CRABTREE THAT SHE'S UNABLE TO CONNECT OR TRYING TO CONNECT OR? OKAY.

UH, SHE, THE MEETING WAS DULY NOTED.

UM, UH, WHO DO WE HAVE FOR THE CITY ATTORNEY'S OFFICE? GOOD MORNING HONOR CHAIR.

ARRIVED.

VEGAS, THE SYDNEY ATTORNEY'S OFFICE.

VEGAS.

WELCOME.

ANYBODY ELSE? NAOMI GREEN WITH THE CITY ATTORNEY'S OFFICE.

WELCOME MS. GREEN AND, UH, YOU HAVE A WITNESS WITH YOU? GOOD MORNING.

RENEE PRIMO, SUPERVISOR CODE COMPLIANCE.

I'M SORRY, COULD YOU SAY YOUR LAST NAME AGAIN? PARAMO, P-A-R-A-M-O.

WELCOME AND CHAIR.

WE DO HAVE TWO ADDITIONAL WITNESSES.

MS. OLIVE .

WE HEARD FROM THIS MORNING.

UHHUH .

MR. RICHIE CALDWELL, WHO'S ATTENDING? UH, BISON.

OKAY.

AND AND YOU'RE GONNA, UH, QUESTION MS. TALLEY AS WELL? YES.

AS HER TESTIMONY.

OKAY, VERY GOOD.

UM, THEN, UH, PROCEED.

THE NEXT ITEM OF BUSINESS IS TO HEAL, HEAR THE APPEAL REQUEST OF LINDA CRABTREE APPEALING THE NOTICE OF FINAL DESIGNATION AS A HABITUAL NUISANCE PROPERTY UNDER SECTION 27 DASH 48.

YEAH.

UM, SECTION 27 DASH 48 OF THE DALLAS CITY CODE.

AND THE BURDEN OF PROOF FOR THIS HEARING IS ALSO ON THE APPELLANT.

AT THIS TIME, WILL THE WITNESSES WHO WISH TO TESTIFY, PLEASE RAISE YOUR RIGHT HAND.

SO YOU MAY BE SWORN IN BY THE CITY SECRETARY'S OFFICE, AND IF YOU ARE ON VIDEO, UH, ONLINE, YOU DO NEED TO TURN ON YOUR VIDEO TO BE SWORN IN.

DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? YES.

THANK YOU.

UM, SCRAP TREE IS STILL NOT PRESENT.

ALL RIGHT.

UH, MS. PROMO, HOW MUCH TIME DO YOU THINK YOU NEED FOR YOUR, UH, PRESENTATION? ABOUT 45 MINUTES.

OKAY.

DO YOU THINK YOU COULD DO IT IN 30? WE WILL ATTEMPT TO .

ALL RIGHT, GREAT.

UM, THE BOARD HAS NOT RECEIVED AN EXHIBIT FROM MS. CRABTREE.

UH, THE BOARD HAS RECEIVED ONE EXHIBIT FROM THE CITY OF DALLAS AND ACCEPTED THAT INTO EVIDENCE.

IS THAT CORRECT? ONE EXHIBIT? YES, THAT'S CORRECT.

ALRIGHT.

THANK YOU.

UH, MR. SAPP, WOULD YOU PLEASE, UH, READ THE RELEVANT ORDINANCES? THANK YOU.

CHAIRMAN.

UH, PER SECTION 27 48, UH, A PROPERTY IS PRESUMED A HABITUAL NUISANCE.

PROPERTY AT THE PROPERTY IS THE SITE OF THREE OR MORE CITATIONS FOR CODE VIOLATIONS WITHIN 365 DAYS.

AN OWNER OF A HABITUAL CRIMINAL OR NUISANCE PROPERTY IS PRESUMED TO HAVE KNOWINGLY TOLERATED THE DEBATABLE CRIMINAL ACTIVITY OR CODE VIOLATIONS AT THE OWNER'S PROPERTY BY FAILING TO TAKE REASONABLE STEPS, INCLUDING THOSE OUTLINES IN SECTION 27 49 B ONE OF THIS CHAPTER AS AMENDED TO ABATE THE DEBATABLE CRIMINAL ACTIVITY OR CODE VIOLATIONS.

THANK YOU.

UM,

[00:20:01]

I GUESS WE'LL BEGIN WITH AN OPENING STATEMENT, UH, FROM THE CITY IF YOU'D LIKE.

THANK YOU.

MAY I PUBLISH OUR PRESENTATION? SURE.

UM, MARY, CAN YOU LET HER CHAIR? SHE SHOULD HAVE PRIVILEGES NOW.

CHAIR.

THANK YOU.

THANK YOU.

GOOD MORNING, HONORABLE CHAIR AND BOARD MEMBER.

MY NAME'S ARIA S AND WITH ME TODAY IS MS. NAOMI GREEN INSPECTOR BRAMO AND TWO DEDICATED COMMUNITY MEMBERS, MS. ALL OF ALLY AND MR. RITCHI BROADWELL.

WE'VE COME BEFORE THE BOARD TODAY REQUESTING THAT YOU UPHOLD THE DEPARTMENT OF CODE COMPLIANCE'S HABITUAL NUISANCE DESIGNATION OF 2 1 1 4 CLEMENT STREET.

BEFORE WE BEGIN, I WOULD LIKE TO DIRECT THE BOARD'S ATTENTION TO CITY'S EVIDENCE, TAB TWO, WHICH HAS THE CITY'S PRESENTATION.

WE'RE HERE TODAY TO SPEAK ABOUT 2 1 1 4 CLEMENT STREET.

IT'S A PROPERTY LOCATED IN THE CENTRAL AREA OF DALLAS IN A QUIET NEIGHBORHOOD.

THIS PROPERTY BEFORE YOU TODAY IS HERE BECAUSE THE DEPARTMENT OF CODE COMPLIANCE REVIEWED THE HISTORY AND THE EVIDENCE ACCRUED OVER THE PAST YEAR AND DETERMINED THAT THIS PROPERTY WAS A HABITUAL NUISANCE.

WHILE THIS BOARD IS FAMILIAR WITH THE HABITUAL CRIMINAL PROPERTY LANGUAGE OF THE ORDINANCE, THIS IS A HABITUAL NUISANCE DESIGNATION.

THE HCP AND H AND P SECTIONS OF THE ORDINANCE ARE SIMILAR, BUT THE H AND P DESIGNATION IS DIFFERENT IN A FEW WAYS.

FIRST, THE PROPERTY MUST HAVE BEEN THE SITE OF THREE OR MORE CODE CITATIONS WITHIN THE PAST YEAR AND SECOND, THE OWNER MUST HAVE FAILED TO TAKE REASONABLE STEPS TO ABATE THOSE VIOLATIONS, PROCEEDING THE CITATIONS.

THE ULTIMATE TASK OF THIS BOARD IS THE SAME FOR BOTH HCP AND HNP DESIGNATIONS TO ONLY CONSIDER WHETHER THE ORDINANCE WAS SATISFIED.

THE CODE SPECIFIES THAT THE OWNER BE PROVIDED AN OPPORTUNITY TO REBUT THEIR NUISANCE PRESUMPTION, AND THE OWNER MUST SHOW THAT AT THE ACCORD MEETING, THEY HAVE TAKEN MEASURES TO ABATE THOSE ACT, THOSE ACTIVITIES THAT WERE CITED.

AND THEY MUST HAVE DONE THAT PRIOR TO THE NOTICE CODE.

IN THE CASE BEFORE YOU TODAY, YOU'LL FIND THAT THE OWNER FAILED TO DO SO AND CONTINUES TO FAIL TO DO SO.

THE CITY'S PRESENTATION WILL SHOW THAT THE PROPERTY WAS A SITE OF MORE THAN THREE CITATIONS BETWEEN THE DATES MAY, 2022 AND MAY, 2023.

THE CITY'S PRESENTATION WILL ALSO SHOW THAT THE OWNER FAILED TO TAKE REASONABLE STEPS TO ABATE THOSE BEHAVIORS AND HAS DONE SO FOR MORE THAN FIVE YEARS.

AS YOU SEE IN THE STREET VIEWS THAT I'VE PRESENTED HERE, YOUR SEPTEMBER, 2018, APRIL, 2019, AND SO FORTH, YOU'LL SEE THAT THIS PROPERTY HAS SAT IN ITS EXACT CONDITION FOR OVER FIVE YEARS.

MOST IMPORTANTLY, TODAY, YOU'RE GONNA HEAR FROM THE COMMUNITY ITSELF.

ON TAB 13 OF THE CITY'S EVIDENCE, YOU'LL FIND SEVEN LETTERS FROM SEVEN COURAGEOUS NEIGHBORS WHO HAVE WRITTEN THEIR HEARTFELT CONCERNS TO YOU.

AND IN THOSE LETTERS, YOU WILL READ THEIR PLEAS FOR SAFETY, THE NEED FOR NEIGHBORHOOD UNITY, AND THEIR CONCERNS FOR THE FUTURE OF THEIR OWN NEIGHBORHOOD.

OF THOSE TWO NEIGHBORS, MS. TALLEY AND MR. CALDWELL HAVE DEDICATED THEIR TIME TO BE HERE TODAY TO EXPRESS THOSE CONCERNS.

IN CLOSING, THE CITY WILL REQUEST THAT THIS BOARD FIND THAT THE PROPERTY MEETS THE REQUIREMENTS OF THE ORDINANCE AND THAT IT UPHOLDS THE WISHES, THE CO OF THE COMMUNITY, WHICH IS TO DESIGNATE IT IN H AND P PROPERTY.

THANK YOU.

THANK YOU.

UH, I ASSUME MS. CRABTREE IS STILL NOT PRESENT, SO WE WILL PROCEED WITH THE CITY'S PRESENTATION IN CHIEF.

THANK YOU.

THE CITY WILL CALL MS. RENE PARAMO.

MS. PARAMO, UM, CAN YOU PLEASE SAY WHAT YOUR OCCUPATION IS? I AM A SUPERVISOR, UM, WITH THE DEPARTMENT OF CODE COMPLIANCE.

AND HOW LONG HAVE YOU BEEN WITH THE DEPARTMENT? I'VE BEEN WITH THE DEPARTMENT FOR 15 YEARS.

AND IN THOSE 15 YEARS, WHAT OTHER POSITIONS HAVE YOU HELD? I'VE BEEN A CODE, UM, COMPLIANCE INSPECTOR, TWO CODE COMPLIANCE INSPECTOR THREE, AND THEN PROMOTED TO A SUPERVISOR.

WHAT'S YOUR CURRENT POST? I LEAD, I'M A SUPERVISOR OVER THE COMMUNITY PROSECUTION TEAM, WHICH ENCOMPASSES OVERSIGHT OF 13, UM, CODE INSPECTORS.

AND IN THAT POST, WHAT DO YOU DO? YOU MOVE FOR? UM, JUST OVERSIGHT.

GUIDANCE, UM, RESEARCH INSPECTIONS.

SO DOES THAT INCLUDE EVALUATING PROPERTIES FOR HABITUAL NUISANCE DESIGNATIONS? YES, IT DID.

AND WHAT'S INCLUDED IN THOSE EVALUATIONS? UH, WE CONDUCT RESEARCH, UM, FOR THE PAST YEAR

[00:25:01]

OF THE PROPERTY, UM, VERIFY THE CITATIONS ISSUED THE TYPE OF, UH, VIOLATIONS EXIST, INSPECTION, THINGS OF THAT NATURE.

ARE YOU FAMILIAR WITH THE PROPERTY AT 2 1 1 4 CLEMENTS? YES, I AM.

CAN YOU BRIEFLY DESCRIBE THAT LOCATION? UM, THE, I FIRST, UM, CAME INVOLVED WITH THE PROPERTY IN 2018.

UM, CURRENTLY IT'S A VACANT, UM, UNFINISHED, UM, 440 SQUARE FOOT HOME.

UM, THAT SITS, IT'S THE ONLY, IT'S A SMALLER HOME THAT SITS ON, UM, A SMALL BLOCKING AND .

DID YOU INSPECT THAT PROPERTY PERIODICALLY FROM 2019 UP UNTIL THIS YEAR? YES.

AND WAS THIS PROPERTY THE SITE OF COMMUNITY COMPLAINTS? YES.

CAN YOU DESCRIBE WHAT THOSE COMPLAINTS ARE TYPICALLY ABOUT? UM, OVERALL JUST THE EXISTENCE OF CODE OF VIOLATIONS, UNFINISHED HOME, UM, JUST WINDOWS BEING REMOVED, WINDOWS BEING REPLACED, JUST VARIOUS CODE VIOLATIONS.

AND ARE THOSE COMPLAINTS SIMILAR TO THE ONES THAT YOU'VE RECEIVED EARLIER TO THIS YEAR? YES.

CAN YOU PLEASE DESCRIBE THE OWNERSHIP HISTORY OF THIS LOCATION? UM, MS. LINDA CRABTREE PURCHASED THE HOME IN APRIL OF 2015.

A FEW MONTHS THEREAFTER, IT WAS TRANSFERRED TO AN LLC, WHICH SHE'S A MAN MANAGING MEMBER OF.

AND THEN LAST YEAR SHE TRANSFERRED IT BACK TO HER NAME.

AND IN THAT TIME, HAS THE COMMUNITY PROSECUTION TEAM, YOUR DIVISION HAS THAT, HAVE THEY ATTEMPTED TO WORK TO GAIN VOLUNTARY COMPLIANCE WITH MS. CRABTREE? YES.

NUMEROUS TIMES IN PERSON VIA EMAIL, PHONE CONVERSATIONS, I'D LIKE TO DIRECT YOU TO CITY'S TAB.

UH, FIVE.

THIS TAB IS, UM, ENTITLED CORRESPONDENCE, EMAILS, AND NOTICES THAT WERE PROVIDED TO THE OWNER.

SORRY, MR. CHAIR, IS IT POSSIBLE, SORRY, IS IT POSSIBLE FOR US TO HAVE THIS UP ON THE SCREEN? I DON'T HAVE, I'M NOT ABLE TO PULL UP THE EXHIBIT.

I THINK MY SHARING PRIVILEGES WERE, CAN I GET MY SHARING PRIVILEGES BACK? SO TWO THINGS.

UH, YES, WE COULD PUT THIS, UH, UP ON THE BOARD.

WOULD APPRECIATE IT IF YOU COULD PUT THIS UP ON THE SCREEN.

AND SECOND, I NOTE NOTICE THAT RICHIE CALDWELL HAS JOINED THE, UH, THE ONLINE MR. CALDWELL HAS CAN HERE? YES.

OH, OKAY.

ALL RIGHT.

SORRY.

MY BAD.

UM, CAN I GET YOU TO SHARE YOUR SLIDES PLEASE? 'CAUSE WE'RE HAVING A LITTLE BIT OF TECHNICAL DIFFICULTY.

OKAY.

THE STATE'S GONNA DIRECT YOU TO TAB FIVE.

UM, THE FIRST DOCUMENT IN THIS TAB IS DATED MARCH OF 2019.

CAN YOU DESCRIBE WHAT THIS DOCUMENT IS? UM, THIS IS A NOTICE LETTER THAT WAS SENT TO THE OWNER, UM, ADVISING OF THE CODE VIOLATIONS I IDENTIFIED IN 2019.

AND ON THIS LETTER, DOES IT INCLUDE CODE VIOLATIONS THAT ARE SIMILAR TO THE ONES THAT WERE ISSUED IN 2023? YES.

AFTER THIS LETTER WAS SENT, DID THE CITY ATTEMPT TO REACH AN AGREEMENT WITH MS. CRABTREE? YES, WE DID.

AND WAS AN AGREEMENT REACHED SINCE 2019? YES.

WOULD THAT HAVE BEEN IN JUNE, 2019? CORRECT.

YES.

WHAT IS THE PURPOSE OF THIS DOCUMENT THAT'S SHOWING? UM, IT'S AN AGREEMENT, BASICALLY, UM, AGREEING TO TIMELINES WHERE THE CODE VIOLATION WILL BE ABATED AND THERE'S RESOLUTION.

ABOUT HOW LONG DID THIS PROVIDE MS. CRORE, UH, ABATE THOSE VIOLATIONS? UM, A FEW MONTHS.

WOULD IT HAVE BEEN AROUND SIX MONTHS? YES.

OKAY.

AND WERE THOSE REPAIRS ULTIMATELY COMPLETED IN THAT TIME? NO.

ALSO, IN TAB FIVE, THERE'S A DOCUMENT DATED JANUARY, 2020.

CAN YOU DESCRIBE WHAT THIS DOCUMENT IS? IT IS A COURT ORDER.

AND WHAT DOES THIS DOCUMENT REQUEST FROM THE COURT REPAIRS TO REMAIN? ULTIMATELY, AS A RESULT OF THIS PETITION THAT'S SHOWN HERE, WAS THERE ULTIMATELY AN AGREEMENT FOR MS. CRABTREE TO VACATE AND REPAIR THE PROPERTY? YES.

WAS THAT SHOWN HERE? YES.

WAS THAT AGREEMENT SIGNED IN MARCH, 2020? YES.

AND WAS THE PUR WHAT WAS THE PURPOSE OF THIS AGREEMENT? ULTIMATELY, TO GET THE VIOLATION EVADED.

AND DID IT PROVIDE REGULAR CHECK-INS UNDER THE

[00:30:01]

SUPERVISION OF THE COURT? YES.

AND WERE THOSE REPAIRS ULTIMATELY COMPLETED? NO.

AS A RESULT OF THE LACK OF REPAIRS, DID THE CITY SEEK CIVIL PENALTIES IN OCTOBER OF 2020? YES.

AND WAS THE CITY AWARDED CIVIL PENALTIES? YES, WE WERE.

UH, TO YOUR KNOWLEDGE, ABOUT HOW MUCH WAS IT THE FIRST TIME? UM, 5,000.

AND WHAT WAS THE PURPOSE OF SEEKING THOSE CIVIL PENALTIES? UM, OUR HOPE WAS THAT WOULD, UM, GIVE THE OWNER AN INCENTIVE TO FINISH, FINISH THE HOME.

AND WERE THOSE VIOLATIONS EVENTUALLY HERE? NO.

AFTER THE CIVIL PENALTIES, DID THE CITY ONCE AGAIN ENTER INTO ANOTHER AGREEMENT WITH MS. CRABTREE IN NOVEMBER OF 2020? YES.

AND IS THAT SHOWN HERE? YES.

IT'S, AS YOU UNDERSTAND IT, DID THAT AGREEMENT BREAK DOWN? UM, COMPLIANCE MEASURES INTO PHASES? YES.

ABOUT HOW MANY PHASES WERE THERE? HOW MANY? ABOUT FOUR OR FIVE PHASES.

MM-HMM.

.

WHAT WAS THE PURPOSE OF THOSE PHASES? UM, TO ALLOW MORE TIME FOR, UM, ABATEMENT OF THE VIOLATIONS AND THE FINISHING OF THE HOME.

UM, BUT INSTEAD OF REQUESTING IT ALL AT ONCE, IT WAS JUST OVER, OVER, UM, A TIMEFRAME, MONTHS, MONTHS TO COMPLETE.

DID IT PRIORITIZE TASKS OVER OTHER TASKS? YES.

ULTIMATELY.

WERE ANY OF THOSE PHASES COMPLETED? NO.

HOW LONG DID THE RULE 11 PROVIDE MS. CRABTREE TO THE MAKE VIOLATIONS? UM, SEVERAL MONTHS.

WOULD IT HAVE BEEN ABOUT SIX MONTHS? YEAH, SEVERAL MOTION FILED WEEKS.

SO AFTER THIS THIRD ATTEMPTED AGREEMENT WITH MS. CRABTREE, DID THE CITY ONCE AGAIN SEEK THE ASSISTANCE OF THE MUNICIPAL REPORT? YES, WE DID.

AND IS THAT THROUGH THIS DOCUMENT HERE, DATED OCTOBER OF 2022? YES.

WHAT IS THIS DOCUMENT? IT IS A, UM, PETITION.

I'M SORRY, I'M TRYING TO READ IT.

SMALL IN HERE.

UM, IT'S BASICALLY ANOTHER ORDER TO REPAIR.

OKAY.

AND WAS THIS REQUESTING THAT THE COURT DEMOLISHED THE HOME? YES.

AS A RESULT OF THIS MUNICIPAL FILING, WAS THE CITY ONCE AGAIN AWARDED CIVIL PENALTIES? YES.

AND AS YOU UNDERSTAND IT, HOW MUCH WAS THE SECOND AMOUNT OF BENEFITS? UH, 10,000.

SO IN TOTAL, WHAT WAS THE TOTAL AMOUNT THAT MS. CREON WOULD'VE BEEN, UH, ORDERED TO PAY 15,000.

AND YOUR UNDERSTANDING WAS THAT $15,000 PAID? YES.

DURING THE DISCUSSIONS LEADING UP TO EACH OF THESE THREE AGREEMENTS, WAS YOUR OFFICE OFFICE AVAILABLE TO PROVIDE EDUCATION TO MS. CRABTREE? UM, YES.

WE MADE OURSELF AVAILABLE TO HER, TO HER CONTRACTOR, WHICH IS HER WORK PARTNER, AND THEN THE, UM, VARIOUS ATTORNEYS SHE HAD.

AND WAS YOUR OFFICE AVAILABLE TO STOP BY THE PROPERTIES TO EVALUATE ANY WORK THAT WAS BEING DONE? UH, WE PROACTIVELY DID IN HOPES THAT THERE WAS CHANGE.

UM, WE DID REACH OUT TO HER AND HER ATTORNEY, UM, WITHIN THE LAST, UM, FEW MONTHS.

UM, AND WE WERE DENIED ACCESS TO, UM, VIEW.

ANY PROMISE IN INTERIOR WISE, HOW WERE YOU RECEIVED JUST GENERALLY BY MS. PADRE ON THOSE ATTEMPTS? UM, WITH THIS MOST RECENT TIME, IT WAS WITHIN, UM, SHE HAD AN ATTORNEY, SO THEIR RESPONSE WAS JUST NO, UM, OR NOT AVAILABLE.

WHAT WERE THE REASONS THAT YOU WERE PROVIDED? WHY THE COMPLIANCE WASN'T BEING SHEET? THERE WAS NO REAL REASON.

THEY JUST BASICALLY WANNA DO IT ON, ON THEIR TIME.

THANK YOU FOR WALKING US THROUGH THE HISTORY.

UM, HAVE YOU INCLUDED PHOTOS OF THE TIMES YOU DISCUSSED IN TAB 10? YES.

THE AFFIDAVITS? MM-HMM.

I'VE INCLUDED A COUPLE OF PHOTOS HERE.

CAN YOU DESCRIBE THE DATES THAT ARE SHOWN AND WHAT EACH PICTURE IS TRYING TO DISPLAY FOR THE BOARD? SURE.

THIS IS, UM, WHEN WE WERE FIRST, UM, I MENTIONED IN 18, UH, 2018 WAS THE FIRST, UM, UH, THE TIMEFRAME THAT THIS PROPERTY WAS BROUGHT TO OUR ATTENTION FROM, UM, CODE COMPLIANCE.

AND JUST GIVEN IT'S A HEADS UP THAT IT MAY BE ESCALATED, UM, TO OUR TEAM.

UM, SO THIS IS JUST DEPICTING THE, THE OUTSIDE OF THE HOME.

UM, THIS IS THE SAME PROPERTY IN 2019.

UM, THESE ARE THIS YEAR AND THESE PHOTOS.

ARE YOU NOTICING ANY LARGE STRUCTURAL REPAIRS MADE IN THAT TIME? UM, NOT ANY SIGNIFICANT.

UM, IT SEEMS LIKE THIS YEAR THE FOCUS HAS BEEN THE EXTERIOR YARD FOR SOME REASON.

WAS LANDSCAPING ONE OF THE ORIGINAL ISSUES THAT CO COMPLIANCE HAD? NO.

HAS IT EVER BEEN A CITED ISSUE? UM, NO.

WE JUST STRESS

[00:35:01]

THE, UM, STRUCTURE ITSELF.

OKAY.

THANK YOU.

I'D LIKE TO BRING US FORWARD TO THIS YEAR.

CAN YOU TELL THE BOARD GENERALLY WHAT'S THE PROCESS OF CODE COMPLIANCE WHEN THEY'RE SEEKING A HABITUAL NUISANCE OF THE PATIENT? UM, WE RESEARCHED THE PROPERTY WITHIN THE LAST 365 DAYS, VERIFY CITATIONS WERE ISSUED THAT MEET THE DEFINITION OF CODE VIOLATION UNDER THIS ORDINANCE.

UM, THIS IS A FAIRLY NEW ORDINANCE THAT WAS PASSED WITHIN THE LAST YEAR BY CITY COUNCIL.

UM, SO WITHIN THAT SCOPE, WE RESEARCH KIND OF HAVE ANY OTHER DISCUSSIONS WITH ANY OTHER INSPECTORS INVOLVED, IF, IF THAT'S THE CASE.

AND THEN, UM, CONDUCT INSPECTIONS FOR OURSELF.

ONCE YOU'VE COMPLETED YOUR REVIEW AND YOUR INSPECTIONS OF THE PROPERTY, DO YOU TYPICALLY NOTIFY THE OWNER THAT THEY ARE BEING CONSIDERED FOR A NUISANCE DESIGNATION? UH, YES.

THAT'S DONE VIA MAIL AND THEN SOMETIMES IN ADDITION TO EMAIL.

AND WAS THAT DONE ON THIS PROPERTY IN MAY RECEIPT? YES, IT WAS.

IS THAT LETTER INCLUDED TITLE THREE? YES.

IT'S LOOKING AT THIS LETTER, THERE'S QUITE A FEW CITATIONS LISTED.

CAN YOU BRIEFLY JUST SUMMARIZE WHAT THE PRIMARY CONCERNS WERE FOR THIS YEAR? JUST THE CODE VIOLATIONS, HOSE EXPOSED WOOD.

UM, THE INTERIOR OF THE HOME, IT'S COMPLETELY GUTTED, SO THERE'S NO FLOORING, THERE'S NO WALLS.

UM, SO IT'S JUST A COMBINATION OF ALL OF THAT.

UH, THE CITATIONS HERE, ARE THEY VIOLATIONS OF CHAPTER 27 OF THE DALLAS CODE? YES.

AND AS YOU UNDERSTAND IT, ARE VIOLATIONS OF CHAPTER 27 QUALIFYING VIOLATIONS FOR THE EVICTION NUISANCE DESIGNATION? YES.

NINE OF THESE LISTED ARE, SO THERE'S MORE THAN THREE? YES.

WHAT HAPPENS AFTER THIS LETTER IS SENT TO THE PROPERTY OWNER? UM, WITHIN THIS LETTER, THERE IS A MEETING DATE, WHICH IS CALLED AN ACCORD, UM, MEETING.

UM, SO WE MEET WITH THEM, KIND OF DISCUSS IT AT THAT MEETING.

THEY BRING IN ANY EVIDENCE, UM, TO SHOW US THAT THEY ARE TRYING TO EVADE THE CODE VIOLATION TO MAKE PROGRESS ON THE STRUCTURE.

SO THE EXPECTATION IS THEY BRING SOMETHING TO THE TABLE AT THIS MEETING? CORRECT.

WHAT WOULD YOU HOPE TO SEE IN HOW IT SHOWS? UM, IT WOULD BE, UM, CON, UM, CONTRACTOR INVOICES CON, UH, CONTRACTOR ACTION PLANS, RECEIPTS, UM, IF THERE'S A DELAY IN MATERIALS, WE UNDERSTAND THAT'S HAP THAT HAPPENS.

UM, SOME SORT OF DOCUMENTATION SHOWING THAT IS THE CASE, IF IT IS, UM, SCOPE OF WORK, UM, JUST RECEIPTS FOR MATERIALS AND OF THAT NATURE.

AND WASN'T A CORD MEETING SET FOR MS. CRABTREE? YES, IT WAS.

UM, WHAT DID SHE PROVIDE YOU AT THAT MEETING? UM, SHE PROVIDED US WITH PHOTOS.

DID YOU RECEIVE ANY SORT OF RECEIPTS FOR STRUCTURAL SUPPLIES? NO.

UM, REPAIRS? NO.

CONTACTS WITH OF INSTALLATION SERVICES? NO.

UH, OR AN ANTICIPATED DATE OF DATES? NO.

DID MS. CRABTREE REQUEST ADDITIONAL TIME? UM, SHE DID.

AND SHE WAS GRANTED A FEW MORE WEEKS.

IN THOSE FEW WEEKS.

DID SHE PROVIDE YOU ANYTHING OTHER THAN PHOTOS? NO.

DID SHE HAVE HER CONTRACTORS PHONE YOU? NO.

AFTER THE ACCORD MEETING, UM, WITH MS. CRABTREE, HOW DO YOU COMMUNICATE TO THE OWNER THAT THEY FAILED TO OVERCOME THAT DESIGNATION? AND THAT'S ALSO DONE VIA LETTER? SORRY, IN THIS PARTICULAR INSTANCE IT WAS A LETTER AND AN EMAIL.

AND WAS THAT DONE ON AUGUST OF THIS YEAR? YES.

AND IS THAT INCLUDED HERE AT FOUR? YES, IT DID.

LOOKING AT THIS LETTER IN PARTICULAR, THERE'S A SECTION THAT PRESCRIBES THE DEPARTMENT'S RECOMMENDATIONS FOR REPAIR.

IS THAT CORRECT? YES.

UM, CAN YOU BRIEFLY DESCRIBE, DESCRIBE WHAT THE EXPECTATIONS WERE FOR THIS PROPERTY IN PARTICULAR? UM, YEAH.

SO THIS PROPERTY WAS ISSUED A PERMIT FOR REMODELING IN 2019, AND THAT WAS AT THE REQUEST OF CODE COMPLIANCE BECAUSE THEY STARTED DOING THINGS WITHOUT THE, PER THE PROPER PERMIT.

UM, SO WITHIN THE SCOPE OF OUR REQUEST, WE ASKED, UM, I'LL BACK UP A LITTLE BIT.

WITHIN THE TIMEFRAME FROM 2019 TO CURRENT DATE, THAT PERMIT HAS BEEN EXPIRED TWICE DUE TO INACTIVITY.

UM, THEY'VE ONLY CALLED IN TWO INSPECTIONS WITHIN THESE YEARS, AND THAT'S NOT IN MY EXPERIENCE, UM, NORMAL OF SOMEONE WHO'S TRYING TO PROGRESS AND, UM, GET THE JOB DONE BASICALLY.

UM, SO WITHIN THE SCOPE OF OUR REQUEST, WE ASK THAT THEY CONTINUE TO ABIDE BY THE PERMIT THAT WAS ISSUED.

UM, THEY CALL IN FOR THEIR INSPECTIONS REGULARLY TO SHOW THEY'RE MAKING PROGRESS, PROVIDE US WITH A WRITTEN SCOPE OF WORK THAT OUTLINES THE CONSTRUCTION PLAN.

UM, ANY, UM, RECEIPT STAYS BACK? AND TO YOUR KNOWLEDGE, HAS ANYTHING ON THIS RECOMMENDED LIST BEEN ? NO.

ALSO ATTACHED TO THIS LETTER IS THE EVIDENCE THAT WAS PROVIDED TO YOU OF THE BOARD MEETING.

IS THAT RIGHT? YES.

UM, IS IT CORRECT THAT THERE WERE ONLY PHOTOS? CORRECT.

ARE THESE SOME OF THOSE PHOTOS? YES.

CAN YOU DESCRIBE WHAT YOU SEE ON THESE PHOTOS? UM, BASICALLY THE SAME THING

[00:40:01]

YOU SAW IN THE OTHER PHOTOS, IT'S JUST, UM, AGAIN, LANDSCAPING, THE FOCUS ON LANDSCAPING, THE FRONT YARD, .

DID ANY OF THESE PHOTOS ADDRESS THE STRUCTURAL CONCERNS THAT WERE CITED? NO.

YOU'VE ALSO SUBMITTED IN YOUR EVIDENCE TAB 11, WHICH IS TITLED, UH, ZIP SYSTEM.

CAN YOU DESCRIBE WHAT THE ZIP SYSTEM IS AND HOW IT AFFECTS THIS PROPERTY? SURE.

UM, THE ZIP BOARD IS WHAT WE'VE SEEN SINCE 2018, IS THE GREEN BOARD SURROUNDING THE STRUCTURE, UM, THAT'S USED IN LIEU OF THE PLASTIC CONSTRUCTION TAPE THAT WE SEE SOMETIMES IN THE NEIGHBORHOOD.

UM, THIS IS MANUFACTURED BY A COMPANY CALLED HUBER, UM, WITHIN THE MANUFACTURER'S WEBSITE.

AND THEIR RECOMMENDATION IS THAT THIS BOARD IS ONLY EXPOSED TO THE, UM, WEATHER ELEMENTS FOR 180 DAYS.

I STATED I VISUALLY OBSERVED THIS SINCE 2018.

SO OUR CONCERN IS ALSO THE STRUCTURAL INTEGRITY OF THE HOME ITSELF.

UM, WE'VE SEEN THAT THE SEAMS, UM, ARE SPLINTED THE, UM, SOME OF THE BOARDS ARE WARPED.

UM, SO THAT'S A CONCERN THAT WE HAVE.

HAVE YOU ALSO INCLUDED PHOTOS JUST DURING THIS TIMEFRAME OF THE A GP DESIGNATION IN TAB NINE? YES.

FOR THE LAST 365 DAYS.

WITHIN THE MEANTIME, UM, I'VE JUST INCLUDED JUST A SELECTION OF TAB NINE.

CAN YOU WALK US THROUGH THESE PHOTOS AND WHAT WE'RE SEEING REPAIR WISE IN ANY OF THESE PHOTOS? UM, THIS IS JUST A EXTERIOR PHOTO.

THERE'S NOTHING REPAIR WISE.

UM, WE JUST NOTICED THAT THE WINDOWS WERE OPEN WITHIN THE TIMEFRAME IT WAS RAINING AND STUFF.

WE JUST THOUGHT IT WAS HOT THAT THE WINDOWS WERE LEFT OPEN.

UM, AT THE HOUSE IS SO SMALL.

SO AT SOME POINT WE WERE ABLE TO DO THE WINDOWS CAPTURE PICTURES.

UM, AND THIS IS JUST DEPICTING THE INTERIOR OF LAST YEAR.

THIS IS JUST ANOTHER EXTERIOR PICTURE FROM, UM, FROM, UH, UH, THIS WEEK.

SO AS OF THIS WEEK, THERE'S ONLY BEEN AN ADDITION OF SOME PLANTS IN THE ROCK GARDEN IN FRONT, IS THAT CORRECT? CORRECT.

AND I, I WENT BY YESTERDAY.

UM, WE, WE WERE HOPING THAT, UM, BECAUSE THIS HEARING WAS RESET A FEW TIMES, THAT THAT MEANT THERE WAS GONNA BE SOME PROGRESS BEING MADE.

SO THIS WEEK WE WENT TO YOU VERIFY A FEW DAYS AND THERE WAS, THERE'S NO PROBLEM.

OKAY.

NOW I WANNA TAKE A STEP BACK.

WHAT ARE THE CONCERNS OF THE CO DEPARTMENT AS IT RELATES TO THIS PROJECT? UM, AS I JUST MENTIONED, IT'S THE STR STRUCTURAL INTEGRITY.

THERE'S, THERE'S NO WORK BEING DONE ON THE STRUCTURE.

IT'S BEEN, UM, JUST SITTING, UM, WE'RE JUST CONCERNED.

I MEAN, COULD, THERE COULD POTENTIALLY BE A COLLAPSE HAZARD COLLAPSE? I'M SORRY.

UM, HAZARD IF, UM, SINCE THOSE MATERIAL, CURRENT MATERIALS ARE, UM, ALREADY SHOWING SIGNS THAT, UM, THERE'S ISSUES AND IS THAT THE PER PURPOSE OF THE DEPARTMENT SEEKING THE H AND P DESIGNATION? YES.

IS IT YOUR OPINION THAT THE PROPERTY HAS APPROVED MORE THAN THREE QUALIFYING VIOLATIONS THIS YEAR? YES.

AND IS IT YOUR OPINION THAT THE OWNER DID NOT PROVIDE OR TAKE ANY REASONABLE MEASURES TO OBEY FOR VIOLATIONS? YES.

AND WAS THAT PRIOR TO VISITATION? YES.

ARE YOU REQUESTING THAT THE BOARD UPHOLD THE AGENCY DESIGNATION? YES, MA'AM.

IS THERE ANYTHING ELSE THAT YOU WOULD LIKE THE BOARD TO KNOW? UM, NO.

AS, AS MENTIONED, THE PERMITTING ISSUE THAT, UM, HAS BEEN EXPIRED BECAUSE OF LACK OF PROGRESS, THAT'S UP FOR EXPIRATION.

AGAIN, UM, THERE JUST SEEMS TO BE NO, UM, WILLINGNESS FOR THE OWNER TO BRING RESOLUTION TO THIS CASE.

THAT'S WONDERFUL.

THANK YOU.

MAY CITY CALL IT SECOND, BUT THANK YOU.

THE CITY WILL CALL MR UH, RICHARD TALLEY.

MR. RICHARD CALDWELL BELIEVE HE'S ON.

HELLO.

I AM TRAVELING FOR WORK THIS MORNING.

I'M PULLING INTO A PARKING LOT.

AND THEN I'LL TURN MY CAMERA ON FOR Y'ALL.

GIMME JUST ONE SECOND.

THANK YOU MR. CALDWELL.

THANK YOU, MR. CHAIRMAN.

ALRIGHT.

[00:45:14]

I'M RICHIE CALDWELL.

THANK YOU.

MR. CALDWELL, CAN YOU STATE YOUR NAME FOR THE RECORD? RICHARD M. CALDWELL JUNIOR.

THANK YOU.

AND HOW LONG HAVE YOU LIVED IN THIS NEIGHBORHOOD? MY WIFE MELISSA, AND I PURCHASED THE HOME AT 61 49 PROSPECT AVENUE IN JULY OF 2012.

DID YOU SUBMIT A LETTER TO THE BOARD? YES, MA'AM, I DID.

AND WHAT WOULD YOU LIKE THE BOARD TO KNOW ABOUT THIS LOCATION? UM, SIMPLY THAT, UH, WE HAVE ENDURED, UH, THE, UH, THE PROPERTIES, UH, CONDITION FOR CONSIDERABLY LONG PERIOD OF TIME.

UM, THERE'S BEEN NO RESOLUTION, UH, OR, UM, SUPPORT FROM THE OWNERS TO, UM, BRING IT INTO CHARACTER AND COMPLIANCE WITH OUR, UM, CONSERVATION NEIGHBORHOOD.

UM, THERE'S BEEN, YOU KNOW, MULTIPLE PUBLIC REPORTS, UH, INCLUDING WHAT WAS, UM, THE HYPERLINK THAT WAS PROVIDED IN MY LETTER FROM THE NBC FIVE, UM, REPORT IN, UH, 2018.

AND THEN, UM, WE, WE DID HAVE THE, UH, MOST RECENT, UH, INCIDENT VERY NEAR THE PROPERTY AT THE END OF LAST YEAR, WHICH, UM, WHICH RESULTED IN A, WHICH WAS AN ARMED ROBBERY THAT, UH, RESULTED IN THE, UM, THE THEFT OF FEDERAL PROPERTY.

THANK YOU.

MR. COWELL, ARE YOU REQUESTING THAT THIS BOARD UPHOLDS THE HABITUAL NUISANCE DESIGNATION? YES.

IS THERE ANYTHING ELSE THAT YOU WOULD LIKE THE BOARD TO KNOW? NO.

THANK YOU, MR. CALDWELL.

THANK YOU.

CITY WILL CALL MS. OKAY.

THE CITY WILL CALL MS. OLIVE HALLEY.

MS. TALLEY, CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? YES.

OLIVE TALLEY.

AND HOW LONG HAVE YOU, YOU LIVED IN THIS NEIGHBORHOOD? 22 YEARS.

DID YOU ALSO SUBMIT A LETTER TO THE BOARD? I DID.

WHAT WOULD YOU LIKE THE BOARD TO KNOW? I WOULD JUST ASK THAT YOU PLEASE STOP THE MISERY, AS YOU'VE SEEN IN THIS RECORD AND, AND THE TESTIMONY OF RENE PARAMO, THE, THE OWNERS HAVE DONE NOTHING.

THEY HAVE REFUSED TO COMPLY.

THEY HAVE DELAYED, THEY'VE STALLED, THEY'VE DENIED.

THEY HAVE LITERALLY THUMBED THEIR NOSES AT THE CITY AND THE CITY CODES AND THE LAWS THAT WE HAVE ON THE BOOKS TO PROVIDE SAFE AND HEALTHY WELFARE FOR ALL NEIGHBORHOODS AND ALL RESIDENTS OF THE CITY.

WE HAVE A PROPERTY THAT IS CRUMBLING.

IF YOU WERE TO GO AND LOOK AT IT, THE JOINTS DON'T MATCH.

AS SHE SAID, THE BOARDS ARE WARPING.

THIS SYSTEM HAS BEEN EXPOSED TO THE RAIN.

THE WINDOWS HAVE BEEN PULLED IN AND OUT.

THEY'RE OPEN AND THEY'RE CLOSED.

THEY DIDN'T EVEN HAVE A DOOR FOR A WHILE.

THE WHOLE PLACE ON THE INTERIOR IS, IS A SHAMBLES AND NOTHING IS GETTING DONE.

THE FACT THAT THEY DIDN'T EVEN APPEAR TODAY AFTER MULTIPLE DELAYS, MULTIPLE DENIALS, MULTIPLE REFUSALS TO COME INTO COMPLIANCE.

I I, I CAN'T EVEN FATHOM WHY THIS IS HAPPENING.

BUT WE NEED THE MISERY IN OUR NEIGHBORHOOD AND THE THREAT IN OUR NEIGHBORHOOD.

THIS IS A FIRE HAZARD.

THIS IS A SAFETY HAZARD.

WE'RE CONCERNED ABOUT THE LACK OF HABITABILITY THERE.

LIKE I SAID, WE'VE SEEN DRUG DEALS, WE'VE HAD COYOTES, WE'VE HAD ALL SORTS OF PROBLEMS THERE.

WE ARE PLEADING WITH YOU.

WE HAVE PLEADED WITH THIS TEAM HERE.

WE'VE BEEN WORKING WITH CHARLOTTE COBB AND, AND RENEE AND ALL THESE CODE OFFICERS FOR A DECADE.

AND THIS RECORD THAT YOU'VE JUST BEEN PROVIDED TODAY SHOWS FROM 2018 THE DUE DILIGENCE THAT HAS BEEN DONE BY THE CITY.

ONE OF THE ATTORNEYS FOR THIS PROPERTY OWNER WAS MELISSA KINGSTON, WHO IS A CURRENT SITTING MEMBER OF THE CITY PLAN COMMISSION.

AND SHE TRIED HER BEST TO LAY OUT DATES AND TIMES AND A WAY TO GET THIS PROPERTY UP TO CODE AND HABITABLE.

AND EVEN SHE FAILED.

I HAVE NO IDEA WHAT HAPPENED.

I DON'T KNOW IF THEY FIRED HER.

THERE HAVE BEEN MULTIPLE ATTORNEYS EVERY TIME THEY COME TO A DATE AND

[00:50:01]

THEY COME TO A DEADLINE, THEY PULL ANOTHER EXCUSE.

THERE'S AN, THERE'S AN EMERGENCY, THERE'S THIS, THERE'S THAT.

BUT THERE WAS NEVER ANY EXPLANATION AS TO WHY THEY REFUSE TO CONTINUE TO, TO MAKE THIS PROPERTY HABITABLE.

SO MY PLEA WOULD BE TO PLEASE STOP THE MISERY FOR OUR NEIGHBORHOOD.

WE HAVE A HOUSING CRISIS.

WE WOULD WELCOME HAVING A A PROPER HOME, A SAFE HOME, A HOME THAT IS HABITABLE AND MEETS THE REQUIREMENTS OF THE CITY CODE.

WE WILL WELCOME THOSE NEIGHBORS, WHOEVER LIVES THERE.

THESE, THIS OWNER AND HER PARTNER HAVE NO REGARD FOR OUR NEIGHBOR.

COULD THEY HAVE NO REGARD FOR CITY LAWS? AND I WOULD HOPE THAT YOU WOULD UPHOLD THIS RULING.

AND FURTHERMORE, ASSIGN A RECEIVER AND TEAR THIS DOWN AND START IT ALL OVER WITH SOMETHING THAT IS SAFE.

I JUST BEG YOU TO ACT AND UPHOLD THIS RULING TODAY.

AND I'VE TAKEN MANY HOURS, HUNDREDS OF HOURS OF COMMUNICATING WITH THE NEIGHBORHOOD.

I AM A LEADER OF THE NEIGHBORHOOD.

UM, AND WE, WE TAKE PRIDE IN OUR NEIGHBORHOOD.

WE TAKE PRIDE ON KNOWING EACH OTHER.

WE TAKE PRIDE IN UNDERSTANDING AND HELPING EACH OTHER.

AND THIS JUST SIMPLY HASN'T OCCURRED WITH, WITH THIS PROPERTY OWNER.

AND SHE AND HER PARTNER HAVE SHOWN UTTER CONTEMPT FOR ANY EFFORTS TO TRY TO BRING THIS INTO COMPLIANCE.

THANK YOU.

SO I APPRECIATE YOUR TIME.

THANK YOU.

THANK YOU, MS. HO.

AND I BELIEVE THAT AS THE CITY'S WITNESSES THAT HE'S PREPARED TO FORM.

THANK YOU VERY MUCH.

UM, WE'LL NOW PROCEED WITH BOARD QUESTIONING, BEARING IN MIND THAT THE APPELLANT HAS THE BURDEN AND DIDN'T SUBMIT ANY EVIDENCE AND DIDN'T APPEAR.

DO ANY BOARD MEMBERS HAVE ANY QUESTIONS FOR THE CITY'S WITNESSES? I WILL GO DOWN THE LIST.

MS. WILLIS? NO, I DON'T.

THANK YOU.

MS. TORRES.

VICE-CHAIR TORRES, NO QUESTIONS, CHAIR.

THANK YOU MR. CILLA.

UH, JUST WANT SOME CLARIFICATION.

THERE WAS A MENTIONING BY MR. CALDWELL ABOUT A ARMED ROBBERY.

I'M SITTING HERE FLIPPING, NOT JUST THROUGH MY PHONE 'CAUSE I'M NOT PAYING ATTENTION 'CAUSE IT'S THE ONLY WAY I WAS ABLE TO LOOK AT THE EXHIBITS ALL THE WAY, THE EXHIBIT ALL THE WAY THROUGH.

BUT I WAS CURIOUS ON THIS ARMED ROBBERY AND THEFT OF FEDERAL PROPERTY, AND I DON'T, MR. CALDWELL, CAN YOU GIVE A LITTLE MORE INSIGHT TO THAT? OR I GUESS MS. TALLEY? YES, SIR.

YOU RAISED YOUR HAND.

I'M HERE.

YEAH, I'M HERE.

YEAH.

UH, SO THE MAILMAN WAS ROBBED AT GUNPOINT.

THE ASSAILANT STOLE THE MAIL TRUCK FULL OF MAIL, AS WELL AS THE MAN'S PERSON EFFECTS IN HIS PHONE.

LUCKILY, HE WAS ABLE TO FIND ONE OF OUR GOOD NEIGHBORS, USE THEIR PHONE AND CALL IT IN.

AND WHILE I UNDERSTAND, WHILE YOU'RE HERE TODAY, UM, ON BEHALF OF, UM, TRYING TO UPHOLD, UPHOLD WHAT THE CITY HAS DECIDED, MY QUESTION IS, HOW DOES THIS RELATE TO THE HOUSE THAT YOU'RE HERE FOR TODAY? UM, I BELIEVE THAT THE ASSAILANT WAS ABLE TO, UM, USE THE PROPERTY IN SOME MALICIOUS WAY TO THEN COME TOWARD THE MAILMAN TO, IT WAS A, IT WAS AN AVAILABLE SPOT TO, UH, STAKE OUT THE SITUATION.

DID YOU WITNESS THIS ROBBERY? I DID NOT.

UM, IN REGARD TO, UH, THANK YOU MR. CALDWELL.

I GUESS IN REGARD TO THE, UH, DRUG DEALS YOU MENTIONED, MS. TALLEY, WERE THOSE REPORTED TO THE POLICE? I BELIEVE MY NEIGHBOR, UH, THE NEIGHBOR ACROSS THE STREET ON THE CORNER OF RICHMOND AND CLEMENTS ACTUALLY GOT VIDEOTAPE, UH, ON SURVEILLANCE CAMERAS THAT HE HAD.

UM, HE TOLD ME ABOUT IT.

I DIDN'T WITNESS IT, BUT, UH, HE TOLD ME AND TO, TO THE BEST OF MY KNOWLEDGE, HE DID REPORT IT.

I, I DON'T KNOW WHAT HAPPENED.

I DON'T THINK ANYTHING CAME OUT OF IT.

MS. PARAMO, DO YOU KNOW, AND I WASN'T ABLE TO FLIP THROUGH QUICK ENOUGH TO SEE, WAS THAT ONE OF THE VIOLATIONS ON YOUR LIST IN THE LETTER IN REGARD TO THAT CRIMINAL MATTER? NO, WE, WE WERE JUST ADDRESSING THE CODE VIOLATIONS.

OKAY.

UM, I'M, THANK YOU.

THANK YOU, MR. KUIA.

UM, AGAIN, BEARING IN MIND THAT THE APPELLANT HAS THE BURDEN HERE AND DIDN'T SUBMIT ANY EVIDENCE AND DIDN'T APPEAR.

MR. JEFFS, DO YOU HAVE ANY QUESTIONS FOR THE CITY? NO QUESTIONS AT THIS TIME.

THANK YOU, MR. HAYES.

UH, I HAVE NO QUESTIONS BECAUSE I WANT TO

[00:55:01]

COMMEND THE CITY FOR A VERY COGENT THOROUGH, WELL ORGANIZED PRESENTATION.

THANK YOU VERY MUCH.

THANK YOU, MR. HAYES.

MR. QUINT, NO QUESTIONS AND I TOTALLY ECHO MR. HAYES SENTIMENTS.

THANK YOU, MS. SHIN.

NO QUESTIONS.

THANK YOU.

AND I HAVE NO QUESTIONS.

UM, WE WILL, UH, DOES THE CITY DESIRE TO MAKE A CLOSING STATEMENT? I HAVE JUST A QUICK CLOSING.

OKAY.

UH, WE'RE HERE TODAY ASKING THE BOARD TO UPHOLD THE CITY'S HABITUAL NUISANCE PROPERTY DESIGNATION FOR THE PROPERTY LOCATED AT 2114.

CLEMENTS, UH, PROPERTY IS PRESUMED TO BE HABITUAL NUISANCE PROPERTY IF THE PROPERTY IS THE SITE OF THREE OR MORE CITATIONS FOR CODE VIOLATIONS WITHIN 365 DAYS.

BUT LET'S JUST LOOK AT THE COMMON DEFINITION OF HABITUAL.

HABITUAL MEANS TO DO SOMETHING CONSTANTLY OR AS A HABIT.

AND ALTHOUGH THE CODE REQUIRES ONLY THREE CITATIONS OVER THE PAST YEAR, WE'VE SHOWN THAT SINCE AT LEAST 2019, THE PROPERTY OWNER HAS OR WAS PUT ON NOTICE REGARDING SEVERAL CODE VIOLATIONS.

AND INSTEAD OF IMMEDIATELY FILING SUIT, THE CITY HAS TRIED TO WORK WITH THE OWNER AND CAME TO AN AGREEMENT TO REPAIR THE PROPERTY WITHIN A FEW MONTHS.

YOU KNOW, IT WAS IN 2019 AND THE OWNER FAILED AND SHE FAILED TO EVEN APPEAR AT THAT INSPECTION.

SHE FAILED TO REPAIR THE PROPERTY.

THE SECOND AGREEMENT WAS IN MARCH, 2020, AND THAT WAS AN AGREED ORDER, AND THE OWNER AGREED TO REPAIR THE PROPERTY WITHIN 90 DAYS AND FAILED.

UH, THE THIRD AGREEMENT WAS IN NOVEMBER, 2020.

AND THIS OUTLINE ACTUALLY WAS NINE PHASES, UH, TO REPAIR THE PROPERTY STEP BY STEP.

AND THEN THREE YEARS LATER, UM, NONE OF THOSE PHASES HAVE BEEN COMPLETED.

UH, THIS OWNER'S HABIT HAS BEEN TO AGREE TO DO SOMETHING AND THEN FAILED TO DO IT.

THIS OWNER'S HABIT IS TO COMPLETELY DISREGARD MUNICIPAL COURT ORDERS.

TO REPAIR THIS OWNER'S HABIT IS TO FAIL TO DO ANY REPAIRS FOR THIS SMALL PROPERTY.

AND IT'S BEEN HER HABIT TO DO SO FOR MANY YEARS.

THE CITY HAS ATTEMPTED TO, UH, ENFORCE, UH, CODE FOR SEVERAL TIMES, FOR SEVERAL YEARS THROUGH DIFF DIFFERENT AVENUES.

AND THIS OWNER'S HABIT IS TO SIMPLY IGNORE IT.

UM, SO HERE WE ARE NOW.

SEVERAL CITATIONS WERE WRITTEN OVER THE PAST YEAR.

THE H AND P NOTICE LETTER WAS SENT VIA COURT MEETING OCCURRED, AND THE FINAL DESIGNATION WAS ISSUED AS IT SHOULD HAVE BEEN.

AND TO THIS DAY, THOSE VIOLATIONS STILL EXIST.

THE NEIGHBORS HAVE BEEN MORE THAN PATIENT.

THE CITY HAS BEEN PATIENT.

WE'VE BEEN SPENDING LOTS OF CITY RESOURCES AND TAXPAYER DOLLARS TRYING TO ENCOURAGE SOMEONE TO FOLLOW THE LAW.

WE'VE TRIED CONVERSATIONS, NOTICES, AND AGREEMENTS AGAIN, OVER AND OVER WITH THE SAME RESULT, WHICH IS SIMPLY NOTHING.

AND SO WE'RE ASKING THAT AGAIN, THE BOARD UPHOLD THE CITY'S LAWFUL DESIGNATION THAT THIS PROPERTY, UH, BE DESIGNATED A HABITUAL NUISANCE PROPERTY.

THANK YOU.

THANK YOU, MS. GREEN.

UH, PRESENTATIONS ARE NOW CLOSED.

CAN I HAVE A MOTION FROM THE BOARD REGARDING THE CITY'S NOTICE OF HABITUAL NUISANCE PROPERTY FOR LINDA CRABTREE? FOR THE ADDRESS THAT I DON'T HAVE IN FRONT OF ME.

MOTION TO UPHOLD THE CITY'S DESIGNATION OF THIS RESIDENCE AS A HABITUAL NUISANCE PROPERTY, MR. CILLA MOVES TO AFFIRM THE DECISION, UH, DESIGNATING THIS PROPERTY AS A HABITUAL NUISANCE PROPERTY.

ANYBODY SECOND? SECOND, I SECOND THE SHIN SECONDS.

UH, WE'LL HAVE DISCUSSION ON THE MOTION, BEARING IN MIND THAT THE APPELLANT HAS THE BURDEN AND DID NOT SUBMIT ANY EVIDENCE OR APPEAR AT TODAY'S HEARING.

MR. CILLA, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION? UH, SURE.

BRIEFLY, I THINK THAT, UH, THE FACT THAT AN APPELLANT HAS NOT SHOWN UP TO THIS MEETING, WHICH WE ARE PRETTY GRACIOUS IN REGARD TO MOVING DATES AND, UH, ACCOMMODATING, UM, INDIVIDUALS WHO WANT TO SPEAK BEFORE US.

I NOTICED WHEN I WAS, WHAT I DID WRITE DOWN WAS THE WRITTEN NOTICE BACK IN MAY 18TH WAS THE LAST TIME OR WHENEVER THEY WERE AWARE OF THIS.

AND THE FACT THAT, I GUESS OVER SIX MONTHS AND MULTIPLE ATTORNEYS, AT LEAST WHAT'S BEEN PRESENTED TO US AND THEY HAVE FAILED TO BE IN FRONT OF US, IS JUST, UM, I GUESS WE'RE GETTING A LITTLE BIT OF THE TASTE OF WHAT THE NEIGHBORHOOD'S EXPERIENCING.

I, ALTHOUGH I ASKED MY QUESTIONS, I STILL HAVE MORE QUESTIONS AND I PROBABLY WILL ASK OFFLINE OF WHAT MS. CRABTREE HAD TO SAY TO YOU GUYS.

BUT, UM, SINCE WE'RE JUST TALKING ABOUT, UH, SUPPORT OF THIS MOTION, I WILL CLOSE.

THANK YOU.

THANK YOU.

MR. CILLA.

IS THERE ANYBODY WHO WOULD LIKE TO SPEAK

[01:00:01]

AGAINST THE MOTION? IS THERE ANYBODY WHO ELSE, WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? I'LL JUST SAY A FEW WORDS.

OKAY.

UM, I, FIRST I WANNA SAY THAT, UM, I THINK IT'S VERY TELLING THAT THE APPELLANT, UH, DIDN'T APPEAR TODAY.

UM, WE ARE A, A GROUP OF CITIZENS ON THIS BOARD THAT ARE VOLUNTEERS.

AND SO, UM, IT WAS VERY TELLING.

I ALSO WANNA COMMEND THE TWO RESIDENTS THAT LIVE IN THE NEIGHBORHOOD FOR TAKING PRIDE IN YOUR COMMUNITY AND, UM, APPEARING TODAY TO SPEAK TO US, TO INFLUENCE OUR DECISION IF IT WAS NEEDED.

UM, BUT THE CITY DID AN EXCELLENT JOB OF PRESENTING THEIR CASE, SO THAT'S WHY I THINK THOSE THINGS JUST NEEDED TO BE SAID.

THANK YOU.

THANK YOU, MS. SHIN.

UH, ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION, I WILL SPEAK BRIEFLY ON THE MOTION JUST TO ECHO MS. SHIN'S COMMENTS AND SAY, UH, THAT, UM, PEOPLE ARE FREE TO APPEAL THESE DECISIONS AND THAT'S WHAT THE BOARD IS HERE FOR.

UM, BUT IF YOU DON'T SHOW UP, YOU'RE NOT GONNA WIN.

UH, AND, UH, I GREATLY APPRECIATE, UH, THE WITNESSES FROM THE NEIGHBORHOOD SHOWING UP.

I WISH WE HAD THAT AT EVERY HEARING.

UM, THE CITY ATTORNEYS AND THE CITY WITNESSES THAT WE SEE DO A GREAT JOB OF PUTTING ON THE CASE, BUT, UH, HEARING FROM THE INDIVIDUAL RESIDENTS AFFECTED BY THE DECISIONS, UM, THERE'S NO SUBSTITUTE FOR.

SO NOTWITHSTANDING THE FACT THAT THE APPELLANT DIDN'T SHOW UP, I DO APPRECIATE Y'ALL'S INVOLVEMENT AND PERHAPS WE CAN ATTRIBUTE, UM, TO THAT THE APPELLANT FAILING TO SHOW UP.

UH, AND WITH THAT, I AM IN FAVOR OF THE MOTION.

UH, ANYBODY ELSE WHO WOULD LIKE TO SPEAK, UH, FOR OR AGAINST OR ON THE MOTION, THERE'S NO FURTHER DISCUSSION.

WE WILL PROCEED TO VOTE ON THE MOTION BY MR. ILLA TO UPHOLD THE DECISION OF THE DIRECTOR OF CODE COMPLIANCE, FINDING THIS PROPERTY TO BE A HABITUAL, NUISANCE PROPERTY.

UH, ALL THOSE IN FAVOR, WE LOOKS LIKE EVERYBODY'S GOT THEIR CAMERAS ON.

SO ALL THOSE IN FAVOR, PLEASE SAY, AYE.

AYE.

UH, ANY OPPOSED? PLEASE SAY NAY.

THE MOTION PASSES UNANIMOUSLY.

AND, UH, THAT WILL CONCLUDE TODAY'S HEARING AT 9:44 AM UH, ALL THE BOARD MEMBERS THAT ARE NOT HERE, THAT ARE ONLINE, PLEASE WATCH YOUR EMAILS FOR SIGNATURE REQUESTS.

THANK YOU.