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[Permit and License Appeal Board on January 16, 2025]

[00:00:04]

GOOD MORNING, LADIES AND GENTLEMEN.

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

IT IS 8 55 ON THURSDAY, JANUARY 16TH, 2025.

WE HAVE ONE HEARING ON TODAY'S AGENDA FOR MANOR HOSPITALITY COURT, APPEALING THE NOTICE OF FINAL DESIGNATION AS A HABITUAL NUISANCE PROPERTY.

UH, AT THIS TIME, I'LL DO A ROLL CALL, AND IF YOU ARE PRESENT, PLEASE SAY HERE, PRESENT, MS. TORRES, MS. KYLE, MS. WILLIS.

THAT'S I SEE YOU, BUT YOU MAY BE ON MUTE.

HEY, MR. JEFFERSON.

MR. UCH HERE.

MR. JEFF, MR. HAYES, QUINT.

HERE.

SHIN, UH, ABSENT FROM TODAY'S HEARING ARE VICE CHAIR TORRES, MR. JEFFS, AND IT'S, WE DO HAVE A QUORUM PRESENT, AND THIS MEETING IS NOW CALLED TO ORDER.

WITH BOTH THE OTHERS PRESENT TODAY'S HEARING.

PLEASE INTRODUCE YOURSELF BEGINNING WITH THE BOARD GENERAL COUNSEL, TERESA CARLISLE, AND FROM THE CITY SECRETARY'S OFFICE, ME, LAVA MARTINEZ, NANCY SANCHEZ, DONNA BROWN, UM, AND FOR THE APPELLANT, UH, HOPEFULLY YOU CAN HEAR ME.

MY NAME IS LUKE BISRA.

MR. BISRA, I CAN HEAR YOU.

AND, UH, DO YOU HAVE ANY WITNESSES WITH YOU TODAY? I DO NOT.

OKAY.

AND THE CITY ATTORNEY'S OFFICE, MATTHEW STRINGER, UH, THE CITY OF DALLAS.

AND, UH, YOU HAVE A WITNESS WITH YOU? I DO HAVE ONE WITNESS, YEAH, I AM, UH, CO BECKER ROBERT GONZALEZ, CITY OF DA.

UH, ITEM NUMBER ONE IS PUBLIC SPEAKERS, HOWEVER, NO SPEAKERS HAVE REGISTERED TO ADDRESS THE BOARD AND NONE ARE PRESENT.

UM, ITEM NUMBER TWO WILL BE THE APPROVAL OF THE MINUTES FROM THE DECEMBER 19TH, 2024 MEETING.

UH, IS THERE A MOTION REGARDING THE MEETING MINUTES FOR DECEMBER 19TH, 2024? I MOVE THAT WE APPROVE THE MINUTES FOR DECEMBER 19TH, 2024.

ALL RIGHT.

WE HAVE A MOTION BY MR. QUINT.

IS THERE A SECOND? JEFFERSON, IS THERE ANY DISCUSSION ON THE MOTION, MR. LIKE TO BE UPDATED IN MOTION? NO, SIR.

OKAY.

MR. JEFFERSON, WOULD YOU LIKE TO SPEAK IN FAVOR OF THE MOTION? NO, SIR.

UH, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION OR ON THE MOTION? ALL RIGHT.

THERE'S NO DISCUSSION.

WE WILL PROCEED TO VOTE.

ALL THOSE IN FAVOR? MR. QUINT'S? MOTION TO APPROVE THE MEETING MINUTES FROM THE DECEMBER 19TH, 2024 MEETING.

UH, PLEASE SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED, PLEASE SAY NAY.

UH, MOTION PASSES.

UNANIM ALSO HAVE ON TODAY'S AGENDA APPROVAL OF THE 2024 ANNUAL REPORT THAT HAS BEEN SHARED WITH ALL OF THE MEMBERS.

UM, DO WE HAVE A MOTION REGARDING THE 2024 ANNUAL REPORT? I MOVE THAT WE APPROVE THE 2024 ANNUAL REPORT AS WRITTEN MOTION BY MR. HAYES TO APPROVE THE 2024 ANNUAL REPORT THAT WAS SHARED WITH ALL THE MEMBERS.

IS THERE A SECOND? SECOND.

SECOND BY MR. QUINT? MR. HAYES, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION? NOT NECESSARY, SIR.

ALL RIGHT, MR. QUINT? NO, SIR.

IS THERE ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION OR ON THE MOTION RIGHT, IF THERE'S NO DISCUSSION? UH, ALL THOSE IN FAVOR

[00:05:01]

OF APPROVING MR. HAY? UH, ALL THOSE IN FAVOR OF MR. HAYES'S MOTION TO APPROVE THE 2024 ANNUAL REPORT AS SHARED WITH ALL OF THE MEMBERS, PLEASE SAY AYE.

AYE.

AYE.

AYE.

ALL THOSE OPPOSED.

MOTION PASSES, UNANIMOUS.

ALL RIGHT.

ITEM NUMBER FOUR IS THE APPEAL HEARING FOR MANOR HOSPITALITY COURT.

UH, MANOR HOSPITALITY COURT IS APPEALING THE FINAL DETERMINATION AS A HABITUAL NUISANCE PROPERTY UNDER SECTION 27 DASH 48 OF DALLAS CITY CODE.

BURDEN OF PROOF IS ON THE APPELLANT.

UH, AT THIS TIME, WE WILL SWEAR IN ANY WITNESSES.

SO ANY WITNESSES WHO WISH TO TESTIFY, PLEASE RAISE YOUR RIGHT HAND.

IF YOU'RE ON VIDEO, MAKE SURE YOUR VIDEO IS ON, UH, AND BE SWORN IN BY THE CITY SECRETARY'S OFFICE.

PLEASE RAISE YOUR RIGHT HAND.

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

THANK YOU.

ALL RIGHT.

THANK YOU.

UM, TIME LIMITS, UH, MR. BISHAR, HOW MUCH TIME DO YOU THINK YOU NEED TO PUT ON THE APPELLANT'S PRESENTATION? UH, NOT VERY LONG.

I, I'LL HAVE A, A FEW LEGAL ARGUMENTS, AND I HAVE READ, UH, THE INSTRUCTIONS ON HOW THESE HEARINGS ARE CONDUCTED.

SO I'M, I'M AWARE OF IT, BUT I JUST HAVE TO GET A COUPLE LEGAL ISSUES, UH, FOR PRESERVATION.

AND THEN I WILL BE MOVING, UH, EN MASS ON THE EXHIBITS MY CLIENT HAD PREVIOUSLY TENDERED OVER TO THE CITY.

UH, I DON'T ANTICIPATE THAT MR. STRINGER'S GONNA HAVE AN OBJECTION SINCE THE RULES OF EVIDENCE DON'T APPLY TO THIS HEARING.

ANYWAY, AFTER THAT, I SHOULD BE FINISHED.

UH, SO 20 MINUTES, OR DO YOU I THINK IT'LL BE LESS THAN THAT.

I THINK IT'LL BE FIVE MINUTES.

OKAY.

UM, MR. STRINGER, HOW MUCH TIME DO YOU GAIN FOR THE CITY? ANTICIPATE LESS THAN 30 MINUTES, HOPEFULLY ABOUT 20.

OKAY.

SO HOW ABOUT 20 MINUTES PER SIDE? DOES THAT WORK? THAT WORKS.

ALRIGHT.

YOU'LL ALSO EACH GET A BRIEF OPENING AND CLOSING.

SO, UH, AS FAR AS EXHIBIT EXHIBITS GO, MR. BORA, WE HAVE, UH, A REQUEST FROM THE APPELLANT IN 18 EXHIBITS.

DOES THAT SOUND RIGHT TO YOU? FROM MY PERSPECTIVE, YES.

UH, LET ME LOOK VERY QUICKLY.

OKAY.

THERE'S, THERE'S ACTUALLY MUCH MORE.

THERE'S, THERE'S 16 PDFS, BUT I GUESS 17 AND 18 WOULD BE SEPARATE, UH, COMPILATIONS OF NUMEROUS IMAGES.

SO YEAH, THAT WOULD BE 18.

OKAY.

AND, UH, MR. STRINGER, WE HAVE TWO FROM THE CITY, IS THAT CORRECT? UH, YES.

IT CAME IN TWO.

THERE'S ONE, UH, WITH NINE DIFFERENT TABS, HAS MULTIPLE TABS.

IT HAS MULTIPLE TABS.

AND THERE'S A, A SEPARATE DOCUMENT, I THINK, HAS THE, THE, THE PHOTOGRAPH.

GOT IT.

YEP.

THAT'S WHAT I'VE GOT.

ALL RIGHT.

THOSE ARE, UH, ACCEPTED INTO EVIDENCE.

UM, WOULD THE CITY ATTORNEY, MS. CARLISLE, PLEASE READ THE RELEVANT REPORT TODAY? YOU HAVE BEFORE YOU AN APPEAL OF A DESIGNATION OF, AS A HABITUAL NUISANCE PROPERTY IS A DUTY OF THIS BOARD TO EVALUATE THE EVIDENCE AND TESTIMONY PRESENTED TODAY, UM, AND DETERMINE WHETHER THE PRESUMPTIONS IN SECTION 27 DASH 48 OF THE DALLAS CITY CODE ARE OR ARE NOT SATISFIED.

THE PRESUMPTIONS ARE AS FOLLOWS.

NUMBER ONE, WHETHER THE PROPERTY IS OR IS NOT THE SITE OF THREE OR MORE CITATIONS FOR CODE VIOLATIONS WITHIN 365 DAYS.

AND, UM, AN OWNER OF A HABITUAL NUISANCE PROPERTY IS PRESUMED TO HAVE KNOWINGLY TOLERATED THE CODE VIOLATIONS AT THE OWNER'S PROPERTY BY FAILING TO TAKE REASONABLE STEPS, INCLUDING THOSE OUTLINED IN SECTION 27 DASH 49, SUBSECTION B, PARAGRAPH ONE OF THIS CHAPTER, AS AMENDED TO ABATE THE CODE VIOLATIONS.

IF YOU DETERMINE THAT THESE PRESUMPTIONS ARE SATISFIED, YOU MUST AFFIRM THE DECISION OF THE DIRECTOR OF CODE COMPLIANCE.

HOWEVER, IF YOU DETERMINE THAT THE PRESUMPTIONS WERE NOT SATISFIED, YOU MAY REVERSE THE DECISION OF THE DIRECTOR OF CODE COMPLIANCE.

THANK YOU.

I'LL NOW PROCEED WITH OPENING STATEMENTS.

UM, MR. BIHAR, IF YOU'D LIKE TO BEGIN WITH AN OPENING STATEMENT.

THANK YOU.

UH, MY CLIENT WILL HAVE SOME LEGAL OBJECTIONS

[00:10:01]

TO THIS, WHICH I'M NOT GONNA WASTE ON AN OPENING STATEMENT.

I UNDERSTAND THIS PANEL'S TIME IS VALUABLE.

UH, THE EVIDENCE THAT HAS BEEN ADMITTED IN THE FORMS OF EXHIBITS ONE THROUGH 18 ARE SUFFICIENT TO REBUT ANY PUTATIVE PRESUMPTION, UH, THAT MY CLIENT'S PROPERTY IS A HABITUAL NUISANCE PROPERTY.

UH, THESE ITEMS OF EVIDENCE, UH, SUPPORT EACH OF THE FACTORS SET FORTH IN SECTION 27, 49 B ONE OF THE DALLAS CODE OF ORDINANCES.

FOR EXAMPLE, THEY SUPPORT THAT MY CLIENT HAS IMPLEMENTED CPTD PRINCIPLES OF THE PROPERTY.

MY CLIENT HAS IMPLEMENTED MONITORING AND SURVEILLANCE SYSTEMS AT THE PROPERTY.

MY CLIENT IS IN COMPLIANCE WITH ALL REGULATIONS GOVERNING MY CLIENT'S BUSINESS.

MY CLIENT, UH, DOES NOT HAVE LEASE CLAUSES.

UH, HOWEVER, UH, IF YOU ANALOGIZE THAT TO, UH, LICENSE AGREEMENTS FOR, UH, OVERNIGHT LODGING, UH, MY CLIENT IS ENFORCING THE PROVISIONS OF THOSE AGREEMENTS RELATED TO REDUCING AAT, UH, CODE VIOLATIONS.

UH, THIS IS INCLUDES, FOR EXAMPLE, TENANT SCREENING, ENFORCEMENT OF PROPERTY RULES AND REGULAR TENANT OR GUEST.

IN THIS SITUATION, VERIFICATION, MY CLIENT HAS COOPERATED WITH THE CHIEF, UH, WITH RESPECT TO THE ISSUES THE CITY OF DALLAS HAS RAISED.

MY CLIENT HAS DEMONSTRATED TO THE DIRECTOR THAT MY CLIENT HAS TAKEN PROACTIVE STEPS TO ABATE THE ALLEGED CODE VIOLATIONS ON THE PROPERTY.

AND MY CLIENT'S PROPERTY IS IN COMPLIANCE WITH THE STANDARDS SET FORTH IN THE CODE.

THEREFORE, ALTHOUGH MY CLIENT DISPUTES THAT IT'S CONSTITUTIONALLY PERMISSIBLE TO PLACE THE BURDEN OF PROOF UPON MY CLIENT IN A HEARING SUCH AS THIS, MY CLIENT HAS SATISFIED EVERY, ANY EVIDENTIARY BURDEN IT MAY HAVE.

UH, LIKEWISE, THE CITY IS UNABLE TO MEET THE BURDEN OF PROOF, WHICH IS PLACED UPON THEM, UH, BY VIRTUE OF CONSTITUTIONAL PROTECTIONS.

THANK YOU.

THANK YOU, MR. CHAR.

ALL RIGHT, MR. STRINGER, WOULD YOU LIKE TO HAVE A BRIEF OPENING? YES.

THANK YOU.

UM, GOOD MORNING, MR. CHAIR, MEMBERS OF THE BOARD, UH, THANK YOU FOR YOUR SERVICE TO THE CITY AND THE RESIDENCE OF DALLAS.

MY NAME IS MATTHEW STRINGER.

I'M AN CITY ATTORNEY WITH, UM, COMMUNITY PROSECUTION, UM, HERE TODAY TO HEAR THE APPEAL OF THE, UH, OFFICIAL ANCE PROPERTY DESIGNATION, THE PROPERTY AT, UH, 7,000 ST.

GARY HEIN, OTHERWISE KNOWN AS FULL MAYOR MOTEL.

UM, I'LL JUST BE BRIEF IN MY OPENING AND JUST LET YOU KNOW TODAY YOU HEAR, UH, EVIDENCE THAT THE OWNER OF THE FULL MAYOR IN MOTEL, UH, FAILED TO TAKE REASONABLE STEPS TO ABATE CODE VIOLATION OF THE PROPERTY AFTER NOTICE WAS PROVIDED, UH, IN FACT, AT LEAST FOUR CITATIONS.

UM, THE VIOLATION OF THE MINIMUM PROPERTY STANDARDS IN CHAPTER 27 OF THE DIOCESE CODE WERE ISSUED BETWEEN AUGUST 15TH, 2023, UH, AND AUGUST 16TH, 2024.

THANK, THANK YOU.

UH, WE WILL NOW BEGIN WITH THE PRESENTATIONS IN CHIEF, UH, BEGINNING WITH THE PANEL.

SO, SHAR, YOU'RE RECOGNIZED FOR .

UH, I THINK YOU'RE ON MUTE.

SORRY ABOUT THAT.

I SAID THANK YOU.

I I DON'T THINK I'M GOING TO NEED 20 MINUTES.

UH, AT THIS POINT, THE EVIDENCE HAS BEEN SUBMITTED IN THE FORM OF EXHIBITS ONE THROUGH 18.

UH, THEY ARE QUITE VOLUMINOUS, BUT IF THE PANEL IS TO REVIEW THE DOCUMENTS AND PICTURES THAT WERE SUBMITTED, UH, THE PANEL SHOULD BE CONVINCED THAT THERE IS ADEQUATE, UH, EVIDENCE THAT PREPONDERATE IS IN FAVOR OF THE FACT THAT MY CLIENT HAS NOT MAINTAINED A HABITUALLY NUISANCE PROPERTY.

MOREOVER, AND MORE IMPORTANTLY, MY CLIENT OBJECTS TO THE ENTIRE, UH, STRUCTURE AND RESPECTFULLY, FOLKS, UH, I REALLY APPRECIATE THE JOB THAT YOU ARE DOING.

UH, SO THIS ISN'T SOME TYPE OF ATTACK ON YOU, UH, BUT WE'RE CITIZENS OF THE UNITED STATES OF AMERICA.

THAT MEANS WE HAVE PRESUMPTIONS IN FAVOR OF INNOCENCE.

WE HAVE PRESUMPTIONS IN FAVOR OF OUR PROPERTY RIGHTS NOT BEING TAKEN, WHETHER IT'S BY THE FEDERAL GOVERNMENT, THE STATE GOVERNMENT, OR HERE THE CITY

[00:15:01]

OF DALLAS.

IN ORDER FOR THE CITY OF DALLAS TO CONFISCATE THOSE RIGHTS, THE CITY OF DALLAS NEEDS TO BEAR THE BURDEN OF PROOF.

THAT'S WHAT THE CONSTITUTION REQUIRES HERE.

THE CITY OF DALLAS HAS DRAFTED ITS OWN RULES IN THE FORM OF THE ORDINANCES THAT I'M SURE YOU'RE ALL FAMILIAR WITH.

THAT TURN THE CONSTITUTION ON ITS HEAD SAYS, IF MY CLIENT, UH, HAS THE BURDEN OF PROOF IN THIS, THAT SIMPLY CANNOT STAND UNDER THE CONSTITUTION.

THE BURDEN HERE LIES WITH THE CITY AS IT ALWAYS SHOULD.

IN FACT, THE NOTION THAT MY CLIENT'S PROPERTY CAN BE SHUT DOWN OR OTHERWISE ADVERSELY IMPACTED ON ACCOUNT OF ARBITRARILY ISSUED CITATIONS FOR A CODE VIOLATION, HOWEVER MINOR IT MAY BE, UH, CODE VIOL VIOLATIONS THAT ARE CONTESTED, UH, ALL THE TIME, UH, SHOULD SEND SHIVERS DOWN YOUR SPINE.

I DON'T KNOW IF ANY OF THE PANEL MEMBERS OR HAVE THEIR OWN BUSINESSES, BUT I'M SURE YOU WOULD BE SHOCKED TO LEARN IF THE CITY CAME OUT ONE DAY AND DECIDED THAT YOUR GRASS WAS TOO HIGH AND YOUR FRONT YARD, YOUR BUSHES WERE TOO TALL, AND YOU HAD A TRIP HAZARD.

YOU'VE GOT THREE CODE VIOLATIONS IN THAT DAY.

SUDDENLY, YOU'RE HA NUISANCE PROPERTY.

YOU'RE SUBJECT TO ALL THESE REQUIREMENTS.

YOU'RE SUBJECT TO SANCTION, YOU'RE SUBJECT TO SHUTDOWN.

THAT'S SIMPLY NOT THE WAY OUR GOVERNMENT SHOULD OPERATE OR WHAT THE CONSTITUTION PERMITS.

THEREFORE, AND AGAIN, RESPECTFULLY, I VALUE THIS PANEL'S TIME, AND I APPRECIATE YOUR SERVICE TO THE CITY OF DALLAS.

UH, BECAUSE I, I KNOW THAT, UH, THESE THINGS AREN'T EXCITING TO DO, UH, BUT RESPECTFULLY, THE ENTIRE REGIME THAT THE CITY OF DALLAS HAS SET FORTH CREATING ITS OWN RULES IN A FORM OF THIS ORDINANCE TO TILT THE PLAYING FIELD IN ITS ADVANTAGE TO SHUT DOWN WHATEVER PROPERTY IT MAY NOT LIKE ON WHATEVER DAY IT MAY NOT, WHETHER IT'S DUE TO, UH, BEING AN ENEMY OF, UH, A POLITICAL FORCE THAT'S IN POWER, WHETHER IT IS DUE TO, UH, PERSONAL ANIMUS OF A CODE INSPECTOR, WHETHER IT'S DUE TO SOME LEGITIMATE REASON, IT'S NOT FAIR TO SHUT DOWN A BUSINESS OR TO IMPOSE DRACONIAN, UH, BURDENS ON A BUSINESS, INCLUDING, UH, FINANCIAL SANCTIONS SUCH AS THE CITY PROPOSES HERE.

THEREFORE, IN ADDITION TO THE FACTUAL REASONS WHY, UH, YOU SHOULD SUSTAIN MY CLIENT'S APPEAL AND REJECT THE DESIGNATION AS A HABITUALLY, A HABITUAL, NUISANCE PROPERTY, WHICH, WHO MADE THAT DECISION? ONE MAN, THE DIRECTOR, WE PUT ALL THAT POWER IN THE HANDS OF ONE UNELECTED OFFICIAL BY CITY AND PULLEY WHO CAN DECIDE THE SAME THING FOR YOUR PROPERTIES, COULD DO IT AT YOUR HOUSE.

IN ADDITION TO IT BEING FACTUALLY UNSUSTAINABLE LEGALLY, UH, DUE TO PROTECTIONS, YOU SHOULD SUSTAIN MY CLIENT'S MOTION AND MY CLIENT'S APPEAL AND REJECT THE DESIGNATION.

THANK YOU.

UH, IS THAT YOUR ENTIRE PRESENTATION, MR. BISHAR? IT IS.

I DON'T HAVE NO EVIDENCE OTHER THAN THE DOCUMENTARY EVIDENCE THAT I'VE PRESENTED BEFORE THE PANEL, WHICH I ENCOURAGE THE PANEL TO REVIEW.

AS I MENTIONED BEFORE, IT SUPPORTS THE, UH, POSITION.

EVEN IF WE ARE TO ASSUME THAT SECTION 27, 49 B ONE OF THE DALLAS CODE OF ORDINANCES IS CONSTITUTIONALLY PERMISSIBLE.

IT DOES, UH, THE EVIDENCE I PRESENTED CHECKS OFF IN FAVOR OF EACH OF THE, UH, SEVEN SUBSECTIONS, UH, WHICH SHOULD BE TAKEN INTO CONSIDERATION ACCORDING TO CITY OF DALLAS'S OWN RULES.

SO, YES.

SO YOU, YOU'VE GOT, YOU'VE GOT ABOUT 15 MINUTES LEFT.

GIVEN HOW VOLUMINOUS APPELLANT'S, UH, EVIDENCE IS, DO YOU WANT TO POINT US TO SPECIFIC PIECES OF EVIDENCE THAT SUPPORT THOSE SEVEN? SURE.

I, I CAN, I, I'LL, AND I APPRECIATE YOU, YOU, UH, GIVING ME THAT OPPORTUNITY.

I'M TRYING NOT TO WASTE ANYBODY'S TIME.

BUT, UH, EXHIBIT ONE.

UH, THESE EVIDENCE, THIS EXHIBIT AND THE DOCUMENTS CONTAIN THERE IN EVIDENCE STEPS THAT MY CLIENT HAS TAKEN TO ABATE THE CODE VIOLATIONS.

IT WAS FURNISHED TO CITY PERSONNEL AT THE COURT MEETING.

EXHIBIT TWO IS THE CITY'S LETTER, ALONG WITH A SPREADSHEET OR A LISTING OF MY CLIENT'S REMODELING EXPENSES.

EXHIBIT THREE IS THE MAINTENANCE LAW.

SO THIS IS A, A MOTEL PROPERTY FOLKS.

UH,

[00:20:01]

OBVIOUSLY THINGS CAN BREAK DAILY.

WE HAVE GUESTS THAT COME IN.

WE ARE NOT A GUARANTOR THAT, UH, FOR EXAMPLE, A TENANT DOESN'T RIP DOWN A SHOWER ROD OR BREAK A A TOILET BASIN.

UH, SO WE DO HAVE TO DO MAINTENANCE THAT DOESN'T MAKE US A HUGE HABITUALLY NUISANCE PROPERTY.

UH, THE MAINTENANCE LOG DEMONSTRATES ALL THE WORK THAT MY CLIENT PUTS IN TO KEEP THIS PROPERTY IN A, UH, GOOD AND OPERATING CONDITION.

EXHIBIT FOUR IS MAINTENANCE AND CORRECTIVE ACTION PLAN.

EXHIBIT FIVE SHOWS REMODELING WORK THAT THE CITY ITSELF REQUESTED MY CLIENT PERFORM.

MY CLIENT HAS INVESTED TENS OF THOUSANDS OF DOLLARS IN RESPONSE TO THE CITY OF DALLAS'S INQUIRY HERE, AND ITS CONCERNS, AND IT CONTINUES TO SPEND MONEY TO THIS DAY FOR MAINTENANCE, UPKEEP, AND RENOVATION OF THE PROPERTY.

A CLIENT DOES NOT SIT THERE AND LET ITS PROPERTY, UH, DILAPIDATED.

IT'S CONTINUALLY FIXING THINGS.

EXHIBIT SIX REGISTRATION CARD.

SO THESE GO TO SOME OF THE SUBSECTIONS SET FORTH IN 27 49 B ONE, AND IT'S THE REGISTRATION CARD, THE RULES AND REGULATIONS AND PARKING PERMITS.

WE ARE TAKING ACTIVE STEPS TO VERIFY WHO THE GUESTS ARE GOING TO BE AND TO ENFORCE OUR RULES.

WE HAVE RULES IN PLACE FOR THAT REASON.

EXHIBIT SEVEN DEMONSTRATES THE UPGRADE OF MY CLIENT'S SECURITY CAMERA SYSTEM.

EIGHT CITY ASKED US, THE CITY ASKED US TO EMPLOY A SECURITY TEAM.

YOU CAN'T JUST GO OUT AND HIRE ANYBODY, UH, FOR TO BE A SECURITY SERVICE.

YOU ACTUALLY HAVE TO BE LICENSED BY THE TEXAS DEPARTMENT OF PUBLIC SAFETY.

IT'S THE PRIVATE SECURITY BUREAU.

THAT DIVISION, MY CLIENT WENT OUT AND SPENT THOUSANDS OF DOLLARS HIRING SECURITY GUARDS TO PATROL JUST AS THE CITY OF DALLAS HAS REQUESTED.

EXHIBIT NINE IS ANOTHER MAINTENANCE LOG.

IT'S UPDATED.

EXHIBIT 10 IS, UH, IDENTIFICATION OF REMODELING THAT WAS OCCURRING AS OF NOVEMBER, 2024.

EXHIBIT 11 IS ANOTHER MAINTENANCE LOG UPDATED TO NOVEMBER OF 2024.

EXHIBIT 12 CONTAINS A DETAILED DESCRIPTION OF THE WORK DONE.

THIS WORK WASN'T DONE JUST IN RESPONSE TO THE CITY OF DALLAS'S INQUIRY OR CONCERNS.

MY CLIENT WAS DOING HIS WORK ANYWAY, BUT CERTAINLY AFTER THE CITY OF DALLAS APPROACHED MY CLIENT, MY CLIENT EXPEDITED AND ENLARGED THE SCOPE OF THE WORK.

AND THAT EXHIBIT, UH, WE'LL ASSIST YOU IN SEEING JUST HOW MUCH TIME AND MONEY MY CLIENT HAS SPENT TO ADDRESS THE CITY OF DALLAS'S CONCERNS.

THIS IS NOT A SITUATION WHERE WE HAVE A PROPERTY OWNER THAT IS ABSENTEE OR DOESN'T CARE, OR IS NOT INVESTING MONEY TO UPKEEP THE PROPERTY.

IT'S QUITE THE CONTRARY.

AS THESE EXHIBITS SHOW.

EXHIBIT 13 IS REMODELING.

IT'S UPDATED AS OF DECEMBER OF 24.

EXHIBIT 14, MAINTENANCE LOGS UPDATED AS OF DECEMBER OF 24 15.

THE ROOMS THAT WERE COMPLETED, THE CITY OF DALLAS COMES BY.

THEY MAKE INSPECTIONS.

THEY POINT THINGS OUT.

OF COURSE, AS I MENTIONED, MY CLIENT, UH, CANNOT BE HELD TO AN PERFECT STANDARD BECAUSE WE HAVE GUESTS THAT COME INTO THESE ROOMS. EVERY TIME A ROOM IS USED, THERE'S A POTENTIAL FOR DAMAGE TO BE DONE OR SOMETHING TO BREAK.

UM, SO WHAT MY CLIENT DOES IS ADDRESSES THOSE SITUATIONS IMMEDIATELY AS THEY'RE DISCOVERED.

UH, THAT DOES NOT MAKE A PROPERTY A HABITUAL, NUISANCE PROPERTY SIMPLY BECAUSE SOMEONE DAMAGED.

CAN YOU IMAGINE THE CITY COMING OVER TO YOUR HOUSE AND DECLARING YOUR HOUSE A HABITUAL NUISANCE PROPERTY BECAUSE SOME TRESPASSER THROUGH A BRICK THROUGH YOUR WINDOW? WELL, THOSE THINGS CAN HAPPEN.

THAT DOESN'T MAKE YOUR PROPERTY A NUISANCE PROPERTY.

THAT MEANS YOU'RE GONNA GO OUT AND FIX THAT, AND IT'S NOT EVEN YOUR FAULT.

IT'S DUE TO THE CRIMINAL ACT OF A THIRD PARTY.

SAME WAY HERE WITH MY CLIENT.

JUST 'CAUSE THESE PEOPLE ARE GUESTS DOESN'T MEAN THAT THEY HAVE A LICENSE TO COMMIT VANDALISM OR BREAK PROPERTY.

MY CLIENT DOES ADDRESS THOSE THINGS AS SOON AS IT CAN.

16 ARE CRIME PREVENTION MEASURES IN PLACE AT THE PROPERTY.

17 CONTAINS PROBABLY A HUNDRED IMAGES

[00:25:01]

OF THE PROPERTY.

THE CITY, UH, IN ONE OF THEIR EXHIBITS.

I BELIEVE EXHIBIT NINE HAS A BUNCH OF PICTURES OF THE PROPERTY.

WELL, EXHIBIT 17 CONTAINS A HUNDRED PICTURES OF THE PROPERTY AT ONE POINT, AND EXHIBIT 18 CONTAINS PROBABLY AROUND 40 IMAGES OF THE PROPERTY TAKEN FROM A DIFFERENT POINT OF TIME.

THERE IS A LOT OF EVIDENCE FOR YOU TO CONSIDER, FOLKS, THERE'S NO DOUBT ABOUT IT, BUT I ENCOURAGE YOU TO DO SO.

TAKE YOUR TIME, REVIEW IT, SEE THE EFFORTS THAT MY CLIENT HAS UNDERTAKEN, UH, NOT, NOT JUST TO ADDRESS THE CITY OF DALLAS'S CONCERNS OR TO REFUTE THE DESIGNATION AS A HABITUAL BUSINESS PROPERTY.

THESE, THESE ACTIVITIES WERE GOING ON BEFORE THAT MY CLIENT DOES IT BECAUSE IT'S A RESPONSIBLE PROPERTY OWNER THAT WISHES TO PROTECT THE VALUE OF ITS ASSET.

MY CLIENT CANNOT BE HELD RESPONSIBLE IF IT'S PROPERTY VANDALIZE DESTROYED ON OCCASION BY GUESTS WHO HAVE RENTED A ROOM.

AS SOON AS THAT STUFF IS DISCOVERED, IT'S FIXED.

SO, UH, PLEASE, I KNOW IT'S A LOT.

I'M ASKING YOU TO INVEST A CONSIDERABLE AMOUNT OF TIME TO REVIEW, ESPECIALLY 150 PICTURES.

BUT IF YOU DO THAT, AND IF YOU REVIEW THE OTHER 16 EXHIBITS, YOU WILL SEE THAT MY CLIENT IS NOT A CANDIDATE FOR THIS TYPE OF DESIGNATION.

I BELIEVE I'VE TAKEN UP ENOUGH OF YOUR TIME, UH, AND I APPRECIATE YOU, YOU LISTENING.

I APPRECIATE YOUR CONSIDERATION, AND I HOPE, UH, THAT YOU DO TAKE THE TIME TO REVIEW THOSE EXHIBITS.

THANK YOU.

THANK YOU, MR. BORA.

UM, MR. STRINGER, DO YOU HAVE ANY QUESTIONS FOR MR. BORA? I DO NOT.

OKAY.

UM, THEN WE WILL PROCEED WITH, UH, THE BOARD QUESTIONING.

WE GO DOWN THE LIST FOR THREE MINUTES AND THEN TWO MINUTES.

UH, MS. CO, DO YOU HAVE ANY QUESTIONS FOR, UH, MR. BIHAR? UM, SO THE EXHIBIT 17, WHERE YOU'RE, YOU KNOW, WE'VE GOT PHOTOS ON BOTH SIDES, RIGHT? YEP.

UM, WHEN WERE THESE PHOTOS TAKEN? 17.

THEY'RE GONNA BE TAKEN AT VARIOUS TIMES.

UH, THE METADATA WITHIN EACH PARTICULAR PICTURE WILL ANSWER THAT DEFINITIVELY.

UH, BEAR WITH ME ONE SECOND.

ACTUALLY, THE METADATA ON WHAT I SENT YOU DOES NOT APPEAR TO BE CORRECT.

UH, IT HAS TO DO WITH IT WHENEVER I MOVED IT ON MY COMPUTER.

IF I, I WILL, UH, GET BACK TO YOU ON THAT.

THESE PICTURES ARE GOING TO BE TAKEN GENERALLY, AND I CAN TELL YOU FROM WHATEVER MY CLIENT PROVIDED THEM TO ME TOO.

SO, ONE SECOND.

THESE PICTURES ARE GOING TO BE TAKEN OVER A RANGE OF TIME FROM SAY, SEPTEMBER OF 24, ALL THE WAY THROUGH, UH, DECEMBER OF 24.

OKAY.

SO AFTER THESE OTHER ONES WERE TAKEN, IS WHAT I'M UNDERSTANDING, ARE YOU, UH, FRA THE OTHER ONES? DO YOU MEAN THE CITY'S PICTURES? YEAH, THE CITY'S PHOTOS.

LET'S SEE, WHEN THE CITY TOOK THEIRS.

SO USUALLY IN AN INSPECTION, YOU KNOW, YOU SEE THE ISSUE AND THEN YOU SEE THE ISSUE FIXED.

SURE.

SO, IT'S HARD TO CONNECT THESE, I'M JUST GONNA TELL YOU, IT'S HARD TO CONNECT THESE TWO.

I THINK YOUR TIME PROBABLY WOULD'VE BEEN BETTER SPENT, UM, ADDRESSING THE CONCERNS.

WE, YOU KNOW, THIS IS THE PROCESS.

SO WE'RE, WE'RE EXPECTING THAT SORT OF PRESENTATION.

WE'RE NOT CHANGING THE PROCESS TODAY ON HOW THIS WORKS.

YEP.

FAIR POINT OR NOT, BUT YEAH, IF YOU, THANKS FOR THE ANSWER.

YOU'RE WELCOME.

THANK YOU, MS. KYLE.

UM, OH, I'M SORRY.

WAS THAT, DO YOU HAVE MORE QUESTIONS? YOU'VE GOT ABOUT 30 MORE SECONDS?

[00:30:01]

NO, I MEAN, I, I WANTED TO SEE KIND OF A, A, I GUESS WHEN THE PHOTOS WERE TAKEN, AND I WOULD LIKE TO SEE, YOU KNOW, LIKE PHOTO 10.

PHOTO 10 FIXED.

ALL RIGHT.

UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS? NO, NOT AT THIS TIME.

THANK YOU.

UH, MR. JEFFERSON, DO YOU HAVE ANY QUESTIONS FOR THE, UH, APPELLANT MONTE TERRY? I, I'M KIND OF IN LINE WITH THE AGREEMENT WITH MS. KYLE.

I, I WOULD'VE PREFERRED TO HAVE SEEN IN THE PRESENTATION A SORT OF BEFORE AND AFTER, UH, RESPONSE, UH, TO WHAT THE CITY WAS ASKING THE CLIENT TO DO.

BUT THANK YOU FOR THE TIME, MR. JEFFERSON.

WHAT I WOULD SAY IS, UH, IT, I APPRECIATE THAT TOO.

I THINK THAT THAT COULD BE A VERY EFFECTIVE APPROACH.

THE ISSUE IS, I DON'T KNOW WHAT THE CITY'S GOING TO BE PRESENTING UNTIL A COUPLE DAYS BEFORE THE HEARING, AND I HAVE TO SUBMIT MY EXHIBITS AT THE SAME TIME THE CITY DOES.

SO THAT DOESN'T, THE PROCEDURE THAT THE CITY OF DALLAS HAS PUT FORWARD DOESN'T ALLOW FOR US TO SAY, OKAY, THE CITY WANTS TO USE THIS STUFF.

LET ME GO GET YOU AFTER PICTURES.

WE SUBMITTED THE SAME, BUT YOU DO RECEIVE NOTIFICATION OF THE ITEMS THAT NEED TO BE IN COMP BE COMPLIANT, RIGHT? AT TIMES, YES, WE DO.

SOMETIMES IT'S DONE ORALLY.

OTHER TIMES IT'S DONE IN WRITING.

I DON'T KNOW.

FOR THESE PARTICULAR PICTURES, IF THESE WERE THE SUBJECT OF, UH, A WRITTEN NOTICE ALONG WITH THE PROVISION OF THOSE IMAGES, WE'LL HAVE TO SEE WHAT THE CITY HAS TO SAY.

THANK YOU.

THANK YOU, MR. JEFFERSON.

UM, MR. CILLA, YOU HAVE THREE MINUTES.

YES, I WAS, HAD A QUESTION.

YOU TYPICALLY HAVE THE OWNERS THAT, UH, PARTICIPATE IN THIS.

IT USUALLY HELPS US IN UNDERSTANDING RATHER THAN THEIR LEGAL COUNSEL.

I CAN RESPECT THE FACT THAT YOU WERE TRYING TO BE BRIEF AND THAT YOU WERE PRESENTING WHAT YOU PRESENTED.

MY QUESTION IS, WHERE, UH, WAS THERE NOT, UH, DOES MAHE BATEL AND BIEN PATEL STILL OWN THIS PROPERTY? I BELIEVE IT'S OWNED BY AN ENTITY.

UH, RIGHT.

IT'S OWNED BY, I UNDERSTAND IT'S OWNED BY AN ENTITY WHO OWNS THAT ENTITY.

I HAVE IN 19 93, 3 ARTICLES OF, IN YOUR EXHIBIT ONE, YOU HAVE TWO INDIVIDUALS ISH, PATEL AND BIEN PATEL.

ARE THOSE THE OWNERS, UH, OF THAT ENTITY? UH, THE NATURE OF I DO KNOW BIEN AND BIEN IS WITH WHOM I, UH, COMMUNICATE PRIMARILY, IT'S CUSTOMARY IN THE INDIAN, UH, CULTURE HERE IN THE UNITED STATES.

OFTENTIMES THERE ARE NICKNAMES THAT ARE USED.

SO THE NAME MAHE, I DON'T RECOGNIZE OFFHAND, BUT IT MAY BE SOMEONE WITH WHOM I'VE SPOKEN TO THAT GOES BY.

SO, REGARDLESS, REGARDLESS OF WHOEVER WAS, UH, REPRESENTED IN THE 1993 ARTICLES OF INCORPORATION, WHICH IT SEEMS TO BE THAT THEY'VE OWNED THIS PROPERTY, AT LEAST SINCE THEN, OR AT LEAST AROUND THEN, WAS THERE A REASON WHY NO ONE IN NO INDIVIDUAL WAS ABLE TO PARTICIPATE BESIDES THEIR LAWYER IN THIS HEARING? UM, IS THERE A REASON WHY? NO, THERE, THERE'S NOT ONE.

IT, IT'S ON ADVICE OF COUNSEL.

UH, ULTIMATELY WE DISAGREE, AS I MENTIONED DURING MY, UH, OPENING MY STATEMENT TO THE PANEL TO PRESERVE EVIDENCE.

IT IS NOT THE BURDEN OF MY CLIENT TO OVERCOME THIS PRESUMPTION THAT CITY CLAIMS TO HAVE.

IT'S THE, I CAN, I CAN APPRECIATE YOUR OPINION AND YOUR ARGUMENT.

I CAN APPRECIATE THE FACT THAT YOUR CLIENT DOES DISAGREES WITH THE, AND THAT'S THE REASON FOR AN APPEAL.

UM, HOWEVER, I IT, IN REGARD TO THE PROCESS THAT WE HAVE, IT MAKES IT DIFFICULT FOR US TO BE ABLE TO ASK THE INDIVIDUAL WHO'S ACTUALLY APPARENTLY DOING THE WORK OR NOT DOING THE WORK.

UM, UM, BECAUSE YOU DON'T HAVE THAT INFORMATION FOR US, AND I LOOKED THROUGH THE EXHIBITS THAT YOU'VE POINTED OUT.

I JUST AM, HOPEFULLY YOU'RE AWARE, AND IF YOU COULD POINT OUT SOMETHING DIFFERENT.

EXHIBIT 15 HAS SEEMS TO HAVE DATES OF INFORMATION, EVIDENCE THAT'S AFTER THE DESIGNATION OF OCTOBER 31ST, 2024.

PLEASE CORRECT ME IF I'M WRONG.

IN REGARD TO THE, UH, EXHIBITS RELATED TO EXHIBIT EIGHT.

YOU SAY THOUSANDS OF DOLLARS HAVE BEEN SPENT, THERE'S NO EVIDENCE IN REGARD TO THAT OR RECEIPTS AND THAT SORT.

UM, I, YOUR COMMENT ABOUT THE OWNER NOT, YOU KNOW, IS NOT AN ABSENTEE OWNER.

I, I FIND IT IRONIC THAT THEY'RE NOT HERE.

IT'S, THEY'RE ABSENTEE TO THE APPEAL.

SO I GUESS IF YOU COULD PLEASE TELL ME,

[00:35:01]

AND WHAT I'M FOCUSED ON IS WHO ARE THE TYPES OF EMPLOYEES THAT ARE DEDICATED TO THE PROPERTY ON A DAILY BASIS? WHAT TYPE OF THEM? ARE THERE A MAINTENANCE PERSON, THERE'S A PROPERTY MANAGER.

DOES SOMEONE LIVE ON SITE? GIMME THAT KIND OF INSIGHT IF YOU COULD.

UH, OKAY.

SO TYPES OF ROLES.

OF COURSE, THERE'S GOING TO BE A MANAGER THAT'S ON SITE.

THERE IS A PERSON, UH, THAT IS THERE 24 7.

IN TERMS OF LIVING, I, I CAN'T ANSWER THAT ONE WAY OR THE OTHER FOR YOU.

THERE ARE, UH, NOT ONLY MAINTENANCE FOLKS, UH, BUT ALSO CONTRACTORS THAT ARE HIRED, THIRD PARTIES, UH, FOR STUFF THAT WOULD BE BEYOND THE SCOPE OF TYPICAL MAINTENANCE.

UH, WHAT ABOUT THE SECURITY? HOW OFTEN IS THE SECURITY ON SITE? THE SECURITY? MR. CILLA, THAT'S YOUR TIME.

THANK YOU.

APPRECIATE IT.

BUT WE'LL, WE'LL COME BACK TO YOU IN THE SECOND ROUND.

UM, MR. HAYES, DO YOU HAVE QUESTIONS FOR REPELLANT? UM, WERE EXHIBITS ONE THROUGH 16 PRESENTED AT THE ACCORD MEETING, MR. BAHA? NO, THEY WERE NOT.

SO I CAN PRESUME ALSO THAT 17 AND 18 WERE NOT EITHER THAT.

WELL, NO, I, I WOULDN'T SAY THAT.

SO I, I DO BELIEVE THAT THE COURT MEETING THAT, UH, PICTURES, UH, WERE EXCHANGED.

I'LL LET THE CITY SPEAK TO THAT AS WELL.

I WAS NOT IN ATTENDANCE AT THE COURT MEETING.

OKAY.

UH, ONE OF THE ISSUES CITED BY THE CITY AS A VIOLATION IS THE ISSUE OF BEING A LONG-TERM RESIDENCE, WHICH THE, WHICH THE PROPERTY IS NOT CO UH, PARDON MY GRAMMAR, DOES NOT HAVE THE PROPER CODE TO BE OPERATING IN THAT MANNER.

YOU HAVE CHOSEN TO REMAIN MUTE ON THAT SUBJECT IN YOUR PRESENTATION.

IS THERE ANYTHING THAT YOU'D LIKE TO ADDRESS ABOUT THE CITY'S, UH, ASSERTION THAT YOU, THAT THE PROPERTY IS BEING OPERATED AS A LONG-TERM RESIDENCE ILLEGALLY? UH, SURE.

UH, AND THANK YOU FOR BRINGING THAT UP.

I'M NOT AWARE OF, UH, ANY EVIDENCE TO SUPPORT THAT POSITION.

I WELCOME THE CITY TO PRESENT ON IT.

UH, WHAT I HAVE NOTICED, AND I REPRESENT A LOT OF MOTELS, UH, AROUND THE STATE, ACROSS A LOT OF MUNICIPALITIES, THERE'S A BIG CONVENTION WHERE ALL THE CITY MANAGERS GO EVERY YEAR.

THEY GET DOWN THERE AND, AND STUFF IS PRESENTED.

ONE OF THEM IS THIS IDEA THAT CITIES ARE MISSING OUT ON HOTEL OCCUPANCY TAXES.

IF, UH, A TENANT OR A GUEST STAYS MORE THAN 30 DAYS, THAT'S WHAT'S DRIVING ALL OF THESE THINGS.

THAT'S WHY WE SEE CITIES ACROSS THE STATE, UH, COMING FORWARD AND AMENDING THEIR ORDINANCES, TRYING TO OUTLAW THIS TYPE OF BEHAVIOR THAT'S EXPRESSLY PERMITTED BY, UH, TEXAS STATUTE.

I HAVEN'T SEEN ANY EVIDENCE OF IT.

UM, BUT AGAIN, THE, LET'S, LET'S SEE WHAT THE CITY HAS TO SAY ON THAT.

AND I APPRECIATE YOUR QUESTION ON THAT, MR. HAYES.

I WASN'T REMAINING, UH, MUTE ON THAT POINT OUT OF INTENTION.

OKAY.

UM, I GOT THE IMPRESSION FROM SOMETHING YOU SAID, WHICH I COULD NOT SPECIFICALLY RECITE AT THIS POINT IN YOUR OPENING STATEMENT, THAT YOUR INTENT HERE IS BASICALLY E EVEN IF WE DENY THE APPEAL, YOU HAVE INTENTION TO GO FURTHER.

IT, SPECIFICALLY WITH REGARD TO ADDRESSING WHETHER THE ORDINANCE, THE ORDINANCES THEMSELVES, ARE PROPER AND ENFORCEABLE.

WOULD MY PRESUMPTION COINCIDE WITH YOUR FUTURE INTENTIONS? UH, THAT'S UP TO MY CLIENT.

HOW MY CLIENT WISHES TO PROCEED.

IT'S MY JOB AS AN ATTORNEY TO PRESERVE WHAT WE CALL, UH, APPELLATE POINTS OF ERROR.

UH, IF MY CLIENT WISH TO PURSUE AN ADVERSE DECISION, I NEED TO MAKE SURE IT'S INCUMBENT UPON ME AS THE ATTORNEY TO MAKE SURE I PRESERVE THOSE POINTS.

UH, ONE OF THEM IS THE CONST, THE CONCEPT OF CONSTITUTIONAL DUE PROCESS OR LACK THEREOF.

UH, THAT IS INHERENT WITHIN THE REVIEW SCHEME, THE APPELLATE SCHEME THAT THE CITY OF DALLAS ITSELF HAS CRAFTED THROUGH THE ENACTMENT OF ITS ORDINANCES.

UH, SO THAT'S NOT, THAT'S NOT MEANT TO INTIMIDATE, UH, THIS PANEL.

IT'S NOT TO, UH, OFFEND YOU AT ALL.

I APPRECIATE ALL THE WORK YOU GUYS ARE DOING.

THIS IS, YOU KNOW, I DON'T KNOW HOW MANY PEOPLE TELL YOU THANK YOU AND TRULY MEAN IT.

I KNOW EVERY TIME YOU GUYS GET UP HERE, YOU HEAR THE CITY ATTORNEY SAY, THANK YOU FOR YOUR SERVICE.

AND I'M SURE YOU HEAR ATTORNEYS LIKE ME SAY THAT, BUT HOW MANY OF YOUR NEIGHBORS, WHEN YOU WALK OUT YOUR DOOR SAY, HEY, I KNOW YOU JUST SPENT THE MORNING DOING THIS STUFF.

SO THE REASON, THE REASON I ASK THAT QUESTION IS THAT IT IS NOT OUR FUNCTION TO ADDRESS WHETHER OR NOT THE ORDINANCES ARE PROPER OR NOT.

IT'S OUR FUNCTION TO REVIEW THE APPEAL WITH THE PRESUMPTION

[00:40:01]

THAT WE ARE KIND OF CUSTODIANS OF, OF ENFORCING THE ORDINANCES AS THEY ARE WRITTEN.

SO, I'M, I'M, I'M JUST TRYING TO KIND OF GET A FEEL FOR THE PLAYING FIELD HERE.

THAT'S ALL.

SURE.

I, I AGREE WITH YOU ON THAT.

YOU GUYS HAVE BEEN TASKED WITH, UH, YOUR DUTIES, OBLIGATIONS, THE PROCEDURES, UH, THAT ARE SET FORTH BY THE CITY OF DALLAS.

I AGREE THAT IT'S, IT'S NOT THE PROVINCE OF, OF THIS PANEL TO WORRY ABOUT WHETHER OR NOT THIS SCHEME THAT THE CITY IS ENACTED IS CONSTITUTIONAL.

SO, AGAIN, I APPRECIATE YOUR SERVICE, AND, UH, I HOPE YOUR NEIGHBORS DO WALK OUT SOMETIMES TO TELL YOU THANK YOU.

'CAUSE I KNOW THIS ISN'T THE MOST EXCITING THING TO DO FOR YOU.

ALL RIGHT.

THAT'S MR. HAYES DUNN.

UM, MR. FLYNN? YES, SIR.

THANK YOU, CHAIR.

SO, UH, MR. BESHE, UH, IN MARCH OF 29, OF 23, UH, YOUR CLIENT WAS SENT A LETTER.

THE CODE VIOLATIONS, UM, MORE THAN 20 WERE ON THERE.

AND AGAIN, THEY GOT A LETTER JANUARY 3RD THAT THEY HAD NOT OBVIOUSLY ATTENDED TO ANY OF THEM.

CAN YOU ADDRESS WHY THERE'S THAT BIG WINDOW THAT THEY DIDN'T DO ANYTHING? UH, ONE SECOND FOR ME.

I, I'M SORRY.

UH, SO THE QUESTION IS, ON FEBRUARY 29TH OF MARCH, MARCH 29 OF 23, THEY WERE SENT A LETTER WITH NUMEROUS VIOLATIONS, BUILDING STRUCTURE, GUTTERS, FLOORING, SHOWERS, KITCHENS, BALCONIES, PORCHES, AIR CONDITIONING, HOT WATER HEATERS, HEATING, AIR CONDITIONING.

YET THEY GOT ANOTHER LETTER JANUARY 3RD THAT THEY HAD NOT ATTENDED TO THESE.

WHAT, WHAT DO YOU, WHAT'S YOUR ANSWER AS TO WHY? WELL, UH, ONE, I MEAN, THAT'S THE CITY, UH, TELLING US IN THE FORM OF TWO LETTERS WHAT HAS AND HASN'T HAPPENED.

UH, BUT YOU ARE ALSO TALKING ABOUT A PERIOD OF TIME THAT IS NINE OR 10 MONTHS DIFFERENCE.

AND I THINK THAT THAT PROBABLY IS IMPORTANT OF YOUR QUESTION.

YOU'RE SAYING, WELL, THAT'S PLENTY OF TIME TO FIX THIS.

IT'S ALSO PLENTY OF TIME FOR THESE THINGS TO BREAK AGAIN OR TO BE DAMAGED BY TENANTS, OR, OR GUESS.

WELL, I COULD, I I'VE GOT LIMITED TIME, SO I APPRECIATE YOUR, YOUR ANSWER.

BUT WHEN THE CITY INSPECTOR CAME BACK, OBVIOUSLY THERE WERE STILL CODE VIOLATIONS, SO TO SAY, THIS IS BEING BROKEN IN A HOTEL BY, BY GUESTS.

I HAVE A REALLY HARD TIME, UH, UH, UH, GRASPING THAT CONCEPT.

YOU'RE PUSHING OFF DERELICT ONTO YOUR TENANTS THAT ARE COMING IN.

UM, YOU MENTIONED THAT Y'ALL HAVE SECURITY.

YES.

I NOTICED Y'ALL PAY A THOUSAND DOLLARS A MONTH FOR SECURITY.

HOW MANY HOURS DOES THAT GET, Y'ALL? UH, WHATEVER THE CITY REQUESTED IN OUR MEETING WITH THE CITY, THE CITY CAME TO US AND TOLD US, THEY, THEY, UH, PUT TOGETHER A NUMBER OF BULLET POINTS, PRETTY MUCH ALL OF WHICH WE MET MR. BESHE.

I JUST ASK YOU A SIMPLE QUESTION.

HOW MANY HOURS DOES A THOUSAND DOLLARS GET YOU? ARE YOU PREPARED TO ANSWER THIS QUESTION? SURE.

IF YOU GIMME ONE SECOND.

AND WHILE YOU'RE LOOKING, THE REASON I SAY THAT IS THERE WERE 19 AGGRAVATED ASSAULTS ON THIS PROPERTY.

SO THE SECURITY IS INCREDIBLY LAX.

OKAY? SO, UH, I BELIEVE IF YOU WERE LOOKING AT EXHIBIT NUMBER EIGHT, WHICH YOU MUST HAVE BEEN BECAUSE YOU FOUND THE RATE, UH, IT ALSO IN THAT TABLE DESCRIBES THE DATES AND TIMES OF SERVICE.

SO IT'S MONDAY THROUGH SUNDAY, WHICH IS SEVEN DAYS A WEEK, BETWEEN 11:00 AM WELL, IT'S, IT'S, IT'S, IT'S MISSTATED IN THERE.

IT'S BETWEEN THE HOURS OF 11:00 PM AND IT SHOULD BE FOUR, UH, 11:00 PM TO 4:00 AM AND THEY PATROL THROUGH.

THIS IS A PRIVATE SECURITY COMPANY, PATROL THROUGH THREE TIMES PER NIGHT.

SO THANK YOU, MR. MC.

QUINT.

UH, I HAVE SOME QUESTIONS.

UM, MR. BORA? YES.

IN THE LOGS, THE MAINTENANCE LOGS THAT YOUR CLIENT PROVIDED, THE HANDWRITING LOOKS THE SAME.

IT LOOKS LIKE THE SAME PERSON WROTE ALL OF THOSE ENTRIES EITHER EVERY DAY OR AT THE SAME TIME.

UM, DO YOU KNOW WHO THAT PERSON IS? BI AND PATEL.

AND, UH, IS MR. PATEL THE ONSITE MANAGER? UH, ONSITE MANAGER? THAT'S TOUGH, RIGHT? BECAUSE YOU'VE GOT A 24 HOUR A DAY PERIOD.

SO BIPPING IS NOT GONNA BE THERE 24 HOURS A DAY.

BIEN IS THE MANAGER, AND BIPPING IS ALSO THE PERSON, THE CUSTODIAN OF RECORDS, AND

[00:45:01]

THE PERSON IN CHARGE OF HANDLING MAINTENANCE REQUESTS AND MAINTENANCE, UH, RECORDS.

OKAY.

SO IF, IF, IF BIEN IS NOT THERE 24 HOURS A DAY, HOW CAN ALL OF THE ENTRIES BE IN BIP'S HANDWRITING? SHOULDN'T SOME OF 'EM BE IN SOMEBODY ELSE'S HANDWRITING? WHOEVER'S THERE DURING THE TIME THAT BIP'S NOT THERE? UH, NO, I DON'T THINK SO.

BIEN IS THE ONE THAT WILL BE CALLED IN TO DO THE DISPATCH FOR THIS MAINTENANCE WORK.

SO, MAKES SENSE THAT THIS WOULD BE IN HIS HANDWRITING.

HE'S THE ONE THAT CONTACTS, UH, MAINTENANCE TO GET THESE THINGS ACCOMPLISHED AFTER, IF THERE'S A COMPLAINT FROM A GUEST, FOR EXAMPLE, THAT COULD ALERT MY CLIENT TO AN ISSUE, OR IF SOMETHING IS SPOTTED, UH, ORGANICALLY FROM PERSONNEL OF THE PROPERTY.

BUT BIEN IS THE ONE THAT IS IN CHARGE OF ARRANGING FOR THE MAINTENANCE WORK.

SO IF, IF A GUEST HAS A COMPLAINT DURING A TIME THAT BIEN IS NOT ON THE PROPERTY, UM, TO WHOM DO THEY COMPLAIN? WELL, THEY WOULD CALL INTO THE FRONT DESK.

THE FRONT DESK.

LET'S SAY THE, UH, TENANT CALLED AND COMPLAINED THAT THE TV UH, REMOTE DIDN'T HAVE BATTERIES.

WELL, I MEAN, SOMEBODY'S GONNA SEND, SEND OUT THE WHOEVER'S OUT ON THE, UH, PROPERTY TO GO REPLACE THOSE BATTERIES.

THAT'S NOT A, A TRUE MAINTENANCE REQUEST, UH, IN MY OPINION.

THESE ARE LARGER, THESE ARE LARGE, BUT THAT'S NOT GONNA GET, THAT'S NOT GONNA GET RECORDED IN THE LOG UNTIL PIPPEN IS NEXT ON THE PROPERTY.

I DON'T THINK ANYBODY WOULD RECORD IF SOMEBODY CALLED IN AND SAID THE TV BATTERIES WEREN'T WORKING.

WHAT, WHAT IF THE DOOR LOCK IS BROKEN? UH, THAT WOULD BE A, THE TENANT WOULD BE MOVED OUT OF THAT ROOM BECAUSE THAT'S UNSAFE.

AND, UH, HOW DOES THAT GET RECORDED ON THE LOG? WELL, SO IF IT'S, IF A LOCK IS BROKEN, THE TENANT, THE, THE GUEST IS GOING TO BE IMMEDIATELY LOCATED TO A DIFFERENT ROOM.

MR. BURCHARD, DO YOU UNDERSTAND WHAT I'M ASKING YOU? I DIDN'T.

WHY IS, I DO, WHY DOES, IF, IF, IF THOSE ARE LEGITIMATE ENTRIES THAT WERE WRITTEN AT THE TIME THE COMPLAINTS WERE MADE, WHY ARE THEY ALL MADE IN A SINGLE PERSON'S HANDWRITING? WHO YOU HAVE SAID IS NOT ON THE PROPERTY ALL THE TIME? NO ONE, NO ONE SUGGESTED THAT THESE ARE RECORDED AT THE VERY MOMENT THAT IT'S CALLED IN.

SO IF YOU WOULD ALLOW ME TO, OKAY.

WHAT ELSE? THAT, THAT'S, THAT'S MY TIME.

BUT THANK YOU.

YOU'VE ANSWERED MY QUESTION.

UH, I DON'T THINK I DID.

'CAUSE YOU SAID I DID.

SO WHAT WOULD HAPPEN IS THE GUEST WOULD YOU.

YOU, YOU DID.

YOU DID.

BUT I'LL, I'LL HAVE, I'LL HAVE SOME MORE TIME IN THE NEXT ROUND OF QUESTIONS.

OKAY.

UM, MS. KYLE, DO YOU HAVE, UH, TWO MINUTES MORE OF QUESTIONS? NO, I MEAN, I JUST, I DON'T THINK THINGS WERE PRESENTED WELL.

UM, WELL, I, I MEAN, I GUESS THERE'S A LOT OF OUTSTANDING QUESTIONS, BUT NONE THAT I THINK WE HAVE ANSWERS TO RIGHT NOW.

OKAY.

THANK YOU.

UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS? YOUR CLIENT, WHO DO YOU, WHO DO YOU ALL EXACTLY SERVE? ARE YOU ASKING WHO THE, THE GUESTS ARE? YEAH.

WELL, I MEAN, IT'S A MOTEL, SO WHOEVER WOULD COME IN AND NEED A ROOM, I DON'T THINK THAT THERE'S A, A PARTICULAR, UH, DEMOGRAPHIC OR A STEREOTYPED TENANT.

I COULD TELL YOU WHO OR A GUEST WHO I COULD TELL YOU IT WOULD BE.

AND YOU GUYS ARE, ARE, WHICH PART OF DALLAS OR WHAT? YEAH.

WHAT PART OF DALLAS ARE YOU GUYS ACTUALLY LOCATED? THIS IS ALL PERRY HINES.

OKAY.

THANK YOU.

THANK YOU, MS. WALLACE.

MR. JEFFERSON, DO YOU HAVE, UH, MORE QUESTIONS FOR THE APPELLANT QUESTIONS AT THIS TIME? THANK YOU.

UH, MR. CILLA, YOU HAVE TWO MINUTES.

SO I WANTED TO ASK IN REGARD TO EXHIBIT EIGHT.

YOU'RE ON, YOU'RE ON MUTE.

OKAY.

SORRY.

NOW, AM I DONE? AM I GOOD? HELLO? YEAH.

OKAY.

UH, MR. BASIER, I WANTED TO ASK YOU IN EXHIBIT EIGHT, SECTION 6.16 OF THE CONTRACT TALKS ABOUT THE, SPECIFICALLY, IT'S FROM THE, UH, SURVEILLANCE GROUP.

AND THEY SAY, AND I'M WANNA TALK ABOUT THAT.

'CAUSE YOU SAID THAT THAT MAY HAVE BEEN A TYPO.

I DON'T THINK IT IS ACTUALLY, BUT I WANTED TO SPECIFICALLY ADDRESS THE 6.16.

IT TALKS ABOUT THE AND DAILY ACTIVITY REPORTS.

I DON'T KNOW, IS THERE SOMEWHERE IN ONE OF THESE EXHIBITS THAT PRESENTS DAILY ACTIVITY REPORTS THAT YOU'VE PROVIDED US? AND WE MAY NOT HAVE SEEN THEM OR BEEN NOT ABLE TO SEE THEM IN THE EXHIBITS? NO, I, I HAVE NOT PRESENTED THOSE AS AN EXHIBIT.

UH, I'M NOT AWARE THAT THIS SECURITY FIRM IS ACTUALLY, UH, DELIVERED UNDER

[00:50:01]

6.16.

WE DON'T, I DO NOT HAVE ANY DAILY ACTIVITY REPORTS.

THESE WOULD'VE BEEN WELL DAILY.

DO YOU, ARE YOU UNDERSTAND? WHAT ARE DAILY ACTIVITY REPORTS? SINCE YOU'RE THE ONLY ONE WE CAN ASK THAT QUESTION OF A DAILY ACTIVITY REPORT WOULD RECORD ON A DAILY BASIS WHAT WAS OBSERVED.

ANY ENCOUNTERS, UH, FOR EXAMPLE, IF NOTHING'S OBSERVED, IT'S GONNA SAY, YOU KNOW, UNREMARKABLE.

IF YOU COME IN THERE AND YOU HAVE A SITUATION WHERE, UH, SOMEBODY'S WORKING ON THEIR CAR OUT IN THE PARKING LOT, AND IT'S GONNA SAY, YOU KNOW, SO AND SO, WE CAME UP THIS VEHICLE LICENSE PLATE WORKING ON THE CAR, ADDRESSED IT.

UH, IF SOMEBODY CAME IN AND THERE WAS SOME OTHER ISSUE, IT WOULD IDENTIFY WHAT THAT IS.

SO IT WOULD IDENTIFY WHAT THE ISSUE WAS AND WHAT WAS DONE IN RESPONSE TO IT.

DID, DID DPD GET CALLED OUT FOR SOME REASON? UH, NO.

I, I THINK I GET THE, I APPRECIATE NOT TO CUT YOU OFF, BUT I HAVE LIMITED TIME.

WOULD IT HAVE, DO YOU, HAVE YOU SEEN THE INCIDENT REPORTS FOR THE 19 ASSAULTS THAT OCCURRED ON THE PROPERTY? IT WOULD'VE SEEMED THAT TERMS WOULD'VE, THE, THEY WOULD'VE PRESENTED SOMETHING WITH THAT.

HAVE YOU SEEN 'EM JUST YES OR NO? UH, I TOLD YOU I, I DON'T BELIEVE THAT WE'VE BEEN PROVIDED DAILY ACTIVITY REPORTS.

NO, I'M TALKING ABOUT, OH, OKAY.

YOU DON'T THINK YOU'VE PROVIDED ANYTHING FROM THE SURVEILLANCE COMPANY? YES, THAT'S WHAT I MEAN.

THAT, OKAY.

THAT YOUR TIME, MR. ILLA.

THANK YOU.

UH, MR. HAYES, DO YOU HAVE, UH, QUESTIONS FOR TWO MINUTES? THIS AT THIS TIME? THANK YOU, MR. HAYES.

UH, MR. , HOW ABOUT YOU? I DO, SIR.

THANK YOU.

SO, MR. RASH, THERE WAS A LOT OF DIFFERENT, UM, CODE VIOLATIONS THAT WERE ADDRESSED, AND I NOTICED IN YOUR PICTURES ON, UM, UH, EXHIBIT 18, THERE WERE LOTS OF PICTURES OF INSIDE DOORS AND OUTSIDE DOORS.

BUT WHY AM I NOT SEEING PICTURES OF 11 REPLACED BATHROOMS THAT Y'ALL CLAIM WERE REPLACED? UH, I'M SORRY.

I, I CAN'T SEE YOU, AND SO I CAN'T SEE YOUR LIPS AND IT'S HARDER TO HEAR YOU.

UH, SO, SO I'LL ASK AGAIN, WHY WERE THE, WHY ARE THERE NO PICTURES OF 11 BATHTUBS THAT WERE REPLACED? BUT THERE ARE PICTURES OF INSIDE AND OUTSIDE DOORS, WHICH ARE RELEVANT, BUT THERE'S MORE, UH, THERE.

WHY ARE THERE NO PICTURES OF THE ELECTRICAL, UM, REPLACEMENTS WHERE WE SAW A PANEL, ELECTRICAL PANEL THAT WAS WIDE OPEN, YOU COULD SEE EVERY CIRCUIT, AND THESE ARE OLD CIRCUITS THAT PEOPLE TOUCH AND THEY GET HURT.

OKAY.

UM, UH, RESPECTFULLY, I DISAGREE WITH THE PREMISE OF YOUR QUESTION BECAUSE WHILE I DON'T HAVE TIME TO GO THROUGH EVERY ONE OF THESE IN YOUR TWO MINUTES, I JUST OPENED A RANDOM PICTURE IN EXHIBIT 18.

THAT BEING IMG 3, 2, 2, 1.

AND THAT IS, IN FACT, A PICTURE OF A BATHROOM.

SO WHILE THERE MAY BE SOME DOOR PICTURES IN THERE, IT'S NOT EXCLUSIVELY OF DOORS.

W WELL, SO THE PICTURES I SAW IN THERE WERE BATHTUBS.

THEY DIDN'T LOOK REPLACED.

THEY STILL LOOK LIKE THEY HAD GROUT THAT HAD, UM, UH, MOLD IN IT.

SO THESE DON'T LOOK LIKE THEY WERE TOTALLY REPLACED BATHTUBS.

AND SO I APPRECIATE THAT YOU RESPECTFULLY DISAGREE WITH ME.

WHY ARE THERE NO PICTURES OF THE ELECTRICAL PANELS BEING REPLACED? I SAW PICTURES OF LIGHT FIXTURES ON WALLS THAT DIDN'T HAVE COVERS.

THESE ARE VIOLATIONS OF CODE.

OKAY.

AGAIN, YOU STARTED OFF YOUR INQUIRY BY TELLING ME THAT IT WAS ONLY PICTURES OF DOORS.

I HAVE BEEN GOING THROUGH THESE PICTURES IN EXHIBIT 18.

I SEE MULTIPLE PICTURES OF, EXCUSE ME, SIR.

I DIDN'T SAY THERE WERE ONLY DOORS.

IT WAS MOSTLY DOORS.

THANK YOU, MR. QUIP.

UH, MR. BASHAR, I'VE GOT A COUPLE OF QUESTIONS THAT HOPEFULLY WE CAN GO THROUGH PRETTY QUICKLY.

SURE.

UM, IN, IN THE CITY'S EXHIBITS, UH, AND I'M STARTING AROUND PAGE, UH, 61 IN, IN THEIR EXHIBIT ONE, UM, I SEE PHOTOGRAPHS OF WHAT APPEAR TO BE THE INTERIOR OF, UH, SOME OF THE UNITS.

I SEE ONE THAT IT LOOKS LIKE, I DON'T KNOW, YOU'VE GOT ALL KINDS OF STUFF.

YOU'VE GOT A REFRIGERATOR, HE'S LIVING THERE.

UM, ON PAGE 63, YOU GOT SOME PHOTOS OF A UNIT.

AND QUITE FRANKLY, I'M NOT SURE WHAT'S HAPPENING THERE, BUT THERE'S DOLLAR SIGNS PAINTED ON A MIRROR.

THERE'S A GUY IN A CHAIR AND TWO WOMEN NEXT TO HIM.

LET'S SAY THEY'RE OPERATING A BEAUTY SALON.

IT LOOKS AGAIN LIKE SOMEBODY CLEARLY HAD BEEN LIVING THERE FOR SOME TIME.

UM, ON PAGE 66, YOU'VE GOT A PHOTO OF AN INTERIOR DOOR WITH A NAKED WOMAN PAINTED ON IT.

UM, ON PAGE 67, YOU HAVE ANOTHER UNIT.

SOMEBODY CLEARLY IS LIVING IN IT, IN THE BATHROOM, THERE'S A MICROWAVE OVEN AND A CROCK POT.

UM, ON PAGE 68, IT'S ANOTHER UNIT.

[00:55:01]

LOOKS TO ME LIKE MAYBE A BREAD MAKER, UH, AND AN AIR FRYER AND A MICROWAVE OVEN, AND TWO REFRIGERATORS.

A WHOLE BUNCH OF STUFF IN THE BATHROOM WHERE SOMEBODY'S CLEARLY LIVING.

UM, YOU, YOU EMPHASIZED TO US ISSUES THAT, YOU KNOW, A A LOT CAN BREAK ON ANY GIVEN DAY AND THEY FIX IT THE NEXT DAY.

IS IT YOUR CONTENTION THAT YOUR, UH, CLIENT DID NOT KNOW THAT THE, THESE THINGS WERE GOING ON IN THESE UNITS? UH, WELL, THAT'S A LOT TO TAKE.

I'M LOOKING AT ALL THE VARIOUS PICTURES.

UH, IT DEPENDS, UH, MY CLIENT IS GOING TO GO IN AND DO, UH, WELL, IT, IT DOES DEPEND.

EITHER HE DIDN'T KNOW ABOUT THEM OR HE KNEW ABOUT THEM AND HE TOLERATED.

'CAUSE THESE ARE NOT THINGS THAT HAPPENED OVERNIGHT.

WELL, WHAT I, WHAT I WAS ABOUT TO SAY IS IT MY CLIENT'S GONNA GO IN AND DO SERVICE A ROOM UNLESS THERE'S A DO NOT DISTURB SIGN UP.

AND SO, UH, I CAN'T TELL YOU THAT MY CLIENT WOULD KNOW THAT SOMEONE BROUGHT IN A BREAD MAKER.

UH, I DON'T, I'M NOT SURE WHICH ONE'S THE BREAD MAKER.

UM, IF, IF, IF YOU DON'T KNOW, THEN THE ANSWER IS YOU DON'T KNOW.

I DON'T KNOW.

OKAY.

UM, AND, AND SO THE CITY, IN ORDER TO GET THE PRESUMPTION, THE CITY NEEDS TO SHOW THAT THERE WERE THREE CITATIONS FOR CODE VIOLATIONS.

THEY'VE PROVIDED EVIDENCE THAT THERE WERE FOUR CITATIONS FOR CODE VIOLATIONS.

I UNDERSTAND THAT YOU TAKE ISSUE WITH THE VIOLATION SYSTEM.

UM, BUT DID YOUR CLIENT CHALLENGE ANY OF THESE CITATIONS? UH, LET ME, LET ME ASK THAT MORE CLEARLY.

HOW MANY OF THESE CITATIONS DID YOUR CLIENT CHALLENGE? I WAS NOT THE ATTORNEY HANDLING, UH, THE CITATIONS.

IT'S MY UNDERSTANDING THAT EVERYONE WERE CHALLENGED OVER IN DALLAS MUNICIPAL COURT.

AND DO YOU KNOW IF ANY OF THOSE CHALLENGES WERE SUCCESSFUL? I BELIEVE THEY WERE.

OKAY.

SO IT, IT'S YOUR CONTENTION THAT ACTUALLY THERE WERE HOW MANY CITATIONS THAT WE SHOULD CONSIDER? UH, I DON'T HAVE A CONTENTION ON THAT.

I'LL LET THE CITY SPEAK TO THAT, BUT I KNOW THAT THEY WERE CHALLENGED.

THE SITUATION, HOW IT WORKS OVER IN MUNICIPAL COURT IN DALLAS AND ELSEWHERE IS WHEN THESE ARE ISSUED, UH, THE MUNICIPAL PROSECUTOR WILL COME IN AND DISMISS SO MANY OF 'EM AND THEN MAYBE UPHOLD ONE OF THEM AND, AND ISSUE A FINE.

SO, I, I COULDN'T GIVE YOU A NUMBER.

UH, AND IT WOULDN'T BE FAIR FOR ME JUST TO RANDOMLY GUESS.

I DON'T KNOW.

I ASSUME THE CITY WAS SMART ENOUGH TO IDENTIFY FOUR, SO, SO YOU CAN'T, YOU CAN'T TELL US THAT IT WAS LESS THAN THREE.

UH, I CAN'T TELL YOU A NUMBER.

OKAY.

THANK YOU.

UH, I'M OUT OF TIME.

ALRIGHT.

UH, WE WILL NOW MOVE ON TO THE CITY'S PRESENTATION.

UH, UM, MR. STRINGER, YOU RECOGNIZE FOR 20 MINUTES.

THANK YOU.

UM, LET ME SHARE MY SCREEN WITH PRESENTATION TO, ALRIGHT.

UM, GOOD MORNING AGAIN.

I'M, UH, ASSISTANT CITY ATTORNEY MATTHEW STRINGER, UM, WITH THE PROSECUTION.

UM, LET WE BEGIN JUST TO REFRESH EVERYONE ON THE, THE PURPOSE OF THE HABITUAL, UH, NUISANCE PROPERTY ORDINANCE, WHICH IS TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF THE CITY OF DALLAS.

BY OBTAINING AN OWNERS' COMPLIANCE WITH, UH, CITY ORDINANCES ESPECIALLY, UM, THE MINIMUM PROPERTY STANDARDS SET IN CHAPTER 27 OF THE DALLAS CITY CODE, UM, PROPERTY IS PRESUMED TO BE, UH, OFFICIAL NUISANCE PROPERTY.

IF PROPERTY IS THE SITE OF THREE OR MORE CITATIONS FOR CODE VIOLATIONS WITHIN FOR FOR FIVE DAYS, AN OWNER OF A HABITUAL NUISANCE PROPERTY IS PRESUMED TO HAVE NOT ONLY TOLERATED THE CODE VIOLATIONS, UH, OF THEIR PROPERTY BY FOUND AND TAKE REASONABLE STEPS TO ABATE THEM.

UM, YOU'LL HEAR TODAY THAT, UM, THERE WERE AT LEAST FOUR CITATIONS ISSUED, UM, BETWEEN AUGUST 16TH, 2023 AND AUGUST 15TH, 2024.

UH, IN FACT, UH, COMMUNITY PROSECUTION FIRST NOTIFIED PROPERTY OWNER OF, OF CODE AND FILE VIOLATIONS OF PROPERTY, UH, ON MARCH 29TH, 2023.

UM, THE COPY OF THAT NOTICE LETTER IS IN SEIZE

[01:00:01]

EVIDENCE BINDER .

UM, THAT LETTER INCLUDED NOTICE 22 CODE VIOLATIONS OF CHAPTER 27.

UM, WE MET WITH THE PROPERTY OWNERS ON SEVERAL, SEVERAL OCCASIONS TO DISCUSS, UH, TIMELINE TO EVADE, UH, THE CODE VIOLATIONS OF THE PROPERTY.

UM, AND ON APRIL 28TH, UM, ONCE WE SENT A LETTER, UM, MEMORIALIZING THOSE TIMEFRAMES, HOWEVER, THE PROPERTY OWNERS FAILED TO MEET THOSE DEADLINES SET.

UM, AND THEN AGAIN ON JANUARY 3RD, 2024, PROVIDED ANOTHER TIMELINE FOR THE PROPERTY OWNERS TO ABATE, UH, ALL CODE VIOLATIONS OF THE PROPERTY.

UM, AND AS WE WERE, UM, CONDUCTING OUR ROUTINE INSPECTIONS FOR COMPLIANCE WITH THAT, THOSE TIMELINES, WE, UH, OBSERVED THAT THE THE PROPERTY WAS NOT IN COMPLIANCE.

UM, AND SO CITATIONS WERE ISSUED AT SUBSEQUENT INSPECTIONS ON FEBRUARY 29TH, MARCH 7TH, MAY 29TH, AND AUGUST 13TH, 2024.

AND FOLLOWING THAT, THE, UH, OFFICIAL NUISANCE, UH, PRESUMPTION NOTIFICATION LETTER THAT'S SENT ON AUGUST 28TH, 2024, UM, THE PROPERTY OWNER OF RECEIPT PROPERTY MAY PROCEED AVENUE EVIDENCE THAT THEY, UM, THEY CAN PROACTIVE STEPS TO BA THE CODE VIOLATIONS AND THAT THE PROPERTY IS COMPLIANCE WITH THE STANDARD SET OUT.

SO, SORRY TO INTERRUPT, MR. SHE, IS THERE ANY WAY YOU COULD MAKE THAT SLIDE ACTUALLY BUILD THE SCREEN? OF COURSE.

LET ME, SURE.

IT LOOKED LIKE THERE WAS A LITTLE SLIDER AT THE BOTTOM RIGHT OF THE SCREEN THAT MIGHT PERTAIN TO ENLARGE.

THERE WE GO.

THANK YOU.

OKAY.

PROCEED.

OKAY.

UM, AT THE, UH, BOARD MEETING, UH, UM, PROPERTY OWNER MAY SUBMIT EVIDENCE THAT THEY'RE TAKING PROACTIVE STEPS, DEBATE THE CODE VIOLATIONS, UH, AND THE PROPERTY OF COMPLIANCE WITH THE STANDARDS SET OUT IN THE DALLAS CODE.

UM, BUT ACCORDINGLY WITHHELD ON OCTOBER 1ST, 2024, UH, AT WHICH THE PROPERTY OWNER DID SUBMIT SOME EVIDENCE.

HOWEVER, AFTER REVIEW, UH, THE DIRECTOR DETERMINED THAT EVIDENCE PRESENT DID NOT SUFFICIENT, UM, TO DEMONSTRATE THAT THEY WERE TAKING PROACTIVE STEPS TO, UM, ABATE CODE VIOLATIONS OF THE PROPERTY.

UM, THEREFORE THE, THE H AND B PRESUMPTION WAS NOT REBUTTED.

UM, IN DECIDING THE APPEAL, THE UM, BOARD IS LIMITED TO THE ISSUE OF WHETHER THE PRESUMPTION INFECTION 27 48, UH, OR SATISFIED.

UH, IN THE MOMENT YOU'LL HEAR, UH, TESTIMONY FROM CODE INSPECTOR ROBERT GONZALEZ, UM, THAT PRIOR TO THE CITY'S NOTIFICATION OF THE OFFICIAL, UH, PROPERTY, UH, PRESUMPTION ON AUGUST 28, 24, THE PROPERTY OWNER, UH, NOT ONLY TOLERATED IT, BUT ALSO FAILED AND TAKE REASONABLE STEPS TO ABATE, UH, THE CODE VIOLATION OF THE PROPERTY, UH, IN ADDITIONAL HEAR THAT THREE CITATIONS WERE RECEIVED WITHIN A DEFENDANTS FIVE DAY PERIOD.

AND JUST WANNA GO OVER SOME QUICK, UM, BACKGROUND INFORMATION.

HERE'S A, A QUICK TIMELINE SHOWING THE, UH, PRESUMPTIVE AGENCY DESIGNATION ON THE, ON THE 28TH ALL THE WAY TO TODAY'S HEARING.

UM, HERE AT THE AERIAL VIEW OF THE PROPERTY OUTLINED, BRINGING, UM, YOU CAN SEE IT'S AT THE CORNER OF AND EMPIRE CENTRAL.

IT'S A QUICK PICTURE OF THE FRONT OF THE PROPERTY.

AND THEN I'M NOT GONNA GO THROUGH ALL THIS, BUT YOU CAN SEE THE, THE OWNERSHIP INFORMATION IN, IN TAB ONE.

AND THEN THIS IS THE, UH, FINAL, UH, OFFICIAL INSTANCE PROPERTY DESIGNATION.

[01:05:03]

ALRIGHT.

UM, AND AT THIS TIME I WOULD CALL, UM, CODE INSPECTOR ROBERT GONZALEZ, THE WITNESS.

UM, WILL YOU PLEASE STATE YOUR NAME FOR THE RECORD? YES, MY NAME IS, UH, CODE INSPECTOR ROBERT .

AND YOUR CURRENT OCCUPATION? I'M CURRENT, CURRENTLY WORKING FOR COMMUNITY PROSECUTION FOR CODE COMPLIANCE AS AN INSPECTOR.

AND HOW LONG HAVE YOU BEEN EMPLOYED? UH, BY THE FED OFFICER WITH THE CITY OF DALLAS.

I HAVE BEEN EMPLOYED WITH THE CITY OF DALLAS FOR TWO YEARS IN TENON.

UH, I'M SORRY, MR. STRINGER, IF I COULD FOR A MOMENT, UM, MR. BORA, I APOLOGIZE, BUT COULD WE GET YOU TO TURN YOUR CAMERA ON? I THINK UNDER THE MEETING RULES, ALL PARTICIPANTS HAVE TO BE VISIBLE.

THANK YOU.

AND MR. GENAL, HOW LONG HAVE YOU BEEN ASSIGNED TO COMMUNITY PROSECUTION? I'VE BEEN ASSIGNED WITH THE COMMUNITY PROSECUTION FOR NOW ABOUT A YEAR AND FIVE MONTHS.

AND DOES COMMUNITY PROSECUTION CURRENTLY HAVE A CASE OPEN AT THE PROPERTY ON, UH, 7,002 PARENTING TIMES? UH, YES WE DO.

AND DOES THE PROPERTY HAVE A VALID, UH, CERTIFICATE OF ITEMS? UH, YES.

CURRENTLY, YES.

AND WHAT IS THE LAND USE? UM, ALLOWED BY THAT CO ONLY AS A MOTEL.

UM, SINCE WE'VE HAD THIS CASE, APPROXIMATELY HOW MANY TIMES HAVE YOU INSPECTED THE PROPERTY? I'VE INSPECTED THIS PROPERTY ABOUT 25 TIMES.

AND CAN YOU GENERALLY DESCRIBE, UH, YOU, UH, THE CONDITION OF THE PROPERTY AND THE TYPE OF CODE VIOLATIONS THAT SHE OBSERVE, UM, DURING YOUR INSPECTION? UM, UH, THE CONDITION OF, UH, THIS IS GONNA BE A COMMERCIAL PROPERTY MOTEL LOCATED AT, UH, CAN CARRY HEZ AND EMPIRE SEARCH.

UH, OVERALL, THE, UH, THE CONDITIONS HAVE BEEN A LITTLE BIT DILAPIDATED IN SOME AREAS, SO THERE WAS SOME WORK THAT NEEDED TO BE DONE.

UH, SO WE MADE SOME DOCUMENTATIONS, UH, OF THOSE VIOLATIONS AT THIS POINT.

BUT, UH, OVERALL THERE'S GONNA BE A MULTI-TENANT PARTICULAR LOCATION.

GOT SEVERAL ROOMS IN THERE, UH, UH, AND, UH, THAT'S ABOUT IT.

RIGHT.

ALRIGHT.

AND THEN LET'S TURN TO, UH, CAP NINE AND SEE EVIDENCE BINDER.

UH, ALRIGHT.

I'M GONNA SHOW A COUPLE PHOTOS OF THE PROPERTY HERE.

UM, THESE PHOTOS WERE DATED FEBRUARY 29TH, 2024.

CAN YOU, UH, BRIEFLY DESCRIBE, DESCRIBE, UH, CODE VIOLATION TC HERE? UH, YES.

UH, THE PHOTO ON THE LEFT, UH, WILL BE, WE'VE GOT SOME WRITING AND SOME WOOD.

SO JUST REALLY NEED SOME COATING THERE.

OR IN SOME CASES, THE WOOD NEEDS TO BE, UH, REPLACED.

UH, SO ON THE PICTURE ON THE RIGHT, UH, AGAIN, THERE'S A LACK OF COATING ON THE EXPOSED WOOD.

I'VE GOT CHIP PAINT.

UH, SO THEY'RE GONNA PROBABLY NEED TO REMOVE THAT, EITHER REPAIR, UH, THAT AREA OR REPLACE SOME OF THE WOOD.

THANK YOU.

AND, UM, CAN YOU DESCRIBE ANY PIT VIOLATIONS AND, AND THESE, UH, YES.

UH, THE PICTURE ON THE LEFT, UH, I TOOK THIS PICTURE.

UH, IT, IT DIDN'T REALLY INDICATE THAT SOMEONE HERE THAT'S JUST VISITING THE MOTEL, UH, WAS WITH A BUNCH OF THE PERSONAL PROPERTIES THAT IT SEEMS THOUGH SOMEONE WAS LIVING AT THIS PARTICULAR PROPERTY WHERE AN EXTENDED MATTER OF TIME.

UH, HERE ON THE RIGHT I'VE GOT SOME, UH, DETERIORATING AND SOME WOOD DOWN BELOW.

UH, OBVIOUSLY THERE'S GONNA BE WATER THAT'S GONNA BE COLLECTED THERE.

AND SINCE THIS PARTICULAR PROPERTY IS MOUNTED WITH THE DOORS NOT BEING EXPOSED OF WHERE SOME OF THAT WATER CAN PROBABLY LEAKED UNDERNEATH THERE AND, AND GOING TO THESE UNITS.

AND YOU MENTIONED THE, UH, EXTERIOR DOORS.

CAN YOU DESCRIBE THE ISSUE, UH, HERE? UH, YES.

UM, UH, BOTH THESE PICTURES, UH, ARE OF COURSE DIFFERENT UNITS, UH, SO, UH, OBVIOUSLY TAKEN AT DIFFERENT TIMES.

UH, BUT, UH, THEY'RE BOTH IN INDICATED, UH, THAT, UH, THESE DOORS ARE NOT SEALED PROPERLY AS IT IS REQUIRED BY CODE.

I BELIEVE YOU, YOU MENTIONED THE PREVIOUSLY, BUT CAN YOU DESCRIBE THE SORT OF SOME CONTEXT OF, OF THESE PHOTOGRAPH? UH, YEAH, THESE, BOTH PICTURES CAME FROM THE SAME UNIT.

UH, UH, AGAIN, IT'S, IT'S ALWAYS BEEN A QUESTIONABLE IN TERMS OF, UH, THE PROPERTY OWNERSHIP,

[01:10:01]

ALLOWING THESE PARTICULAR TENANTS TO STAY AS TENANTS, UH, FOR A DIRECTIONAL AMOUNT OF TIME RATHER THAN, UH, CONSECUTIVE DAYS LONGER THAN PROBABLY 30 DAYS.

UH, BUT IN THIS PARTICULAR CASE, UH, OBVIOUSLY I'VE GOT A LADY HERE WHO'S, UH, DOING SOME SORT OF BUSINESS OF PET HERE AND HERE ON THE LEFT THAT SHOWS SOME PERSONAL PROPERTY THAT'S OBVIOUSLY COINCIDES WITH ACTUALLY WHAT'S GOING ON, BUT GIVES KIND OF OVERVIEW