[Permit and License Appeal Board on January 16, 2025]
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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.
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.
AND, UH, DO YOU HAVE ANY WITNESSES WITH YOU TODAY? I DO NOT.
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.
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.
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.
ALL THOSE IN FAVOR? MR. QUINT'S? MOTION TO APPROVE THE MEETING MINUTES FROM THE DECEMBER 19TH, 2024 MEETING.
ALL THOSE OPPOSED, PLEASE SAY NAY.
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.
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
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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.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.
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.
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.
UM, MR. STRINGER, HOW MUCH TIME DO YOU GAIN FOR THE CITY? ANTICIPATE LESS THAN 30 MINUTES, HOPEFULLY ABOUT 20.
SO HOW ABOUT 20 MINUTES PER SIDE? DOES THAT WORK? THAT WORKS.
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.
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.
AND, UH, MR. STRINGER, WE HAVE TWO FROM THE CITY, IS THAT CORRECT? UH, YES.
THERE'S ONE, UH, WITH NINE DIFFERENT TABS, HAS MULTIPLE TABS.
AND THERE'S A, A SEPARATE DOCUMENT, I THINK, HAS THE, THE, THE PHOTOGRAPH.
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.
I'LL NOW PROCEED WITH OPENING STATEMENTS.
UM, MR. BIHAR, IF YOU'D LIKE TO BEGIN WITH AN OPENING STATEMENT.
UH, MY CLIENT WILL HAVE SOME LEGAL OBJECTIONS
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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.
ALL RIGHT, MR. STRINGER, WOULD YOU LIKE TO HAVE A BRIEF OPENING? YES.
UM, GOOD MORNING, MR. CHAIR, MEMBERS OF THE BOARD, UH, THANK YOU FOR YOUR SERVICE TO THE CITY AND THE RESIDENCE OF DALLAS.
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.
UH, WE WILL NOW BEGIN WITH THE PRESENTATIONS IN CHIEF, UH, BEGINNING WITH THE PANEL.
SO, SHAR, YOU'RE RECOGNIZED FOR
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
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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
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 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.
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.
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OBVIOUSLY THINGS CAN BREAK DAILY.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.
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 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.
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.
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
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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.
UM, MR. STRINGER, DO YOU HAVE ANY QUESTIONS FOR MR. BORA? I DO NOT.
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.
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.
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.
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.
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.
FAIR POINT OR NOT, BUT YEAH, IF YOU, THANKS FOR THE ANSWER.
WAS THAT, DO YOU HAVE MORE QUESTIONS? YOU'VE GOT ABOUT 30 MORE SECONDS?
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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.UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS? NO, NOT AT THIS TIME.
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.
OTHER TIMES IT'S DONE IN WRITING.
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.
UM, MR. CILLA, YOU HAVE THREE MINUTES.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.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.
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.
SO WHAT WOULD HAPPEN IS THE GUEST WOULD
BUT I'LL, I'LL HAVE, I'LL HAVE SOME MORE TIME IN THE NEXT ROUND OF QUESTIONS.
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.
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.
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.
NOW, AM I DONE? AM I GOOD? HELLO? YEAH.
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.
UH, MR. HAYES, DO YOU HAVE, UH, QUESTIONS FOR TWO MINUTES? THIS AT THIS TIME? THANK YOU, MR. HAYES.
UH, MR.
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.
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.
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 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.
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.
UH, MR. BASHAR, I'VE GOT A COUPLE OF QUESTIONS THAT HOPEFULLY WE CAN GO THROUGH PRETTY QUICKLY.
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.
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.
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 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.
UH, WE WILL NOW MOVE ON TO THE CITY'S PRESENTATION.
UH, UM, MR. STRINGER, YOU RECOGNIZE FOR 20 MINUTES.
UM, LET ME SHARE MY SCREEN WITH PRESENTATION TO, ALRIGHT.
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
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
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EVIDENCE BINDERUM, 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.
IT LOOKED LIKE THERE WAS A LITTLE SLIDER AT THE BOTTOM RIGHT OF THE SCREEN THAT MIGHT PERTAIN TO ENLARGE.
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
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.
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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.
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.
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.
AND THEN LET'S TURN TO, UH, CAP NINE AND SEE EVIDENCE BINDER.
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.
UH, SO THEY'RE GONNA PROBABLY NEED TO REMOVE THAT, EITHER REPAIR, UH, THAT AREA OR REPLACE SOME OF THE WOOD.
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,
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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 OF WHAT'S GOING ON AGAINST THE PARTICULAR ROOM IN HERE.
AGAIN, UM, JUST BRIEFLY DESCRIBE THE CODE VIOLATION.
YEAH, HERE I'VE GOT THE BULK PICTURES THAT, UH, OBVIOUSLY WE HAVE SOME WIRING THAT'S EXPOSED AND NOT NECESSARILY PROPERLY, UH, SAFE, UH, FOR ANYONE WHO'S GONNA BE INSIDE THESE ROOM, WHICH, UH, IT, IT, IT BRINGS SOME SAFETY CONCERN.
UM, AND AGAIN, UM, NOTING BOTH ON THE WALL, UH, THE EXHAUST BAND WITH THE COVER, UM, DID YOU DESCRIBE ANY VIOLATIONS OR HAZARDS YOU SEE IN THESE PHOTOGRAPHS? YEAH, UM, HERE ON THE LEFT, OF COURSE, I'VE GOT AN APPLIANCE HERE THAT'S OBVIOUSLY, YOU CAN SEE THAT'S, UM, CONNECTED, CLEAR TO, UH, WATER SOURCE HERE, WHICH YOU CAN DO THAT.
UH, THE, UH, THE LABORATORY SINK HERE, UH, I DIDN'T REALLY SEE A-G-F-C-I OUTLET ON THIS PARTICULAR LOCATION.
UH, THIS PARTICULAR WALLET OUTLET, WHICH RAISES SOME SAFETY CONCERNS FOR ANYONE GETTING ELECTROCUTED HERE ON THE RIGHT, I'M SORRY, UH, ON THE RIGHT.
UH, I, AGAIN, UH, IT, THIS CO COINCIDES WITH THE ILLEGAL LAND USE IN TERMS OF WHETHER OR NOT THIS PARTICULAR
THEY'RE JUST VISITING A MOTEL.
AND THEN, UH, IN ADDITION TO SOME OF THE, THE HAZARDS OF APPLIANCES NEAR SINKS, UM, YOU PHOTOS SUGGESTS THAT THE, THE PROPERTY OUT OUTSIDE, YOU KNOW, OPERATING OUTSIDE THE SCOPE OF ITS ALLOWED LAND USE.
UH, AGAIN, THIS IS A CONTINUATION OF THE LAND USE CONCERNS.
UH, AND, AND TO THE BOARD MEMBERS HERE, I MUCH OF THE TIME THAT I'VE GONE TO INSPECT THESE PROPER, UH, THESE UNITS, I HAVE INQUIRED GENERALLY, UM, YOU KNOW, THEIR LENGTH OF STAY, ONE, TWO, UH, AND SOME OF THESE, UH, IF THESE ARE THEIR PERSONAL PROPERTIES.
AND IT'S, AND THEY'VE ALL CONFIRMED THAT THESE ARE THEIR PERSONAL, NOT NECESSARILY ITEMS THAT ARE, ARE FURNISHED BY THE MOTEL.
AND THEN DID YOU BRIEFLY POINT OUT SOME, UH, VIOLATION THAT YOU OBSERVE HERE? SURE.
UH, HERE ON THE LEFT, UH, YOU KNOW, I'VE GOT A DETERIORATION OF THE WALL HERE, UM, WHICH, UH, CONSIDERING THAT, THAT IT'S AROUND THE PLUMBING AREA, SO YOU KNOW, YOU MIGHT HAVE SOME LEAKAGE OF WATER, WHICH THAT WATER, OBVIOUSLY, IT REALLY DETERIORATES FLUID.
SO YOU MIGHT HAVE SOME ISSUES BEHIND THE WALL THAT CAN, WE CAN'T REALLY SEE.
SO, UH, AGAIN, THAT'S A CODE ISSUE HERE ON THE, UH, RIGHT.
UM, UH, WHAT I SEE IS THESE, UH, PLUMBING FIXTURES THAT ARE OBVIOUSLY NOT, UH, PROPERLY SET IN PLACE.
LOOKS LIKE THEY'VE BEEN, UH, BROKEN OFF.
AND ALSO I HAD BLACK OPEN, SOME KIND STARTED UP THERE.
YOU HAD ANOTHER EXAMPLE WITH EXTERIOR, YOUR DOOR NOT BEING PROPERLY SEALED.
UM, DID YOU DESCRIBE, UM, ANY HAZARD, TWO THIRD GEAR? UH, YEAH, I, I HAVE, UH, ELECTRICAL WIRING THAT'S, I WAS EXPOSED.
IT'S, IT'S NOT NECESSARILY, UH, SET INTO ITS PLACE LIKE, UH, IT, IT NEEDS TO BE, WHICH LEADS A SAFETY CONCERN HERE.
UH, THAT'S ON THE LEFT HERE ON THE RIGHT.
AGAIN, I'VE GOT, UH, THE EXPOSURE OF THE CEILING AND ANYTHING FROM, FROM FOLLOW YOU DOING UP IN THERE AND SAFETY CONCERN.
YOU SAY THESE ARE REPRESENT THE SAME ISSUE YOU'VE BEEN WITH CAPTAIN PREVIOUSLY? YEAH, IT'S INTERIOR.
I GOT A WOOD OR A WALL THAT'S GOT A HOLE IN THERE AND
[01:15:01]
LAND USE ISSUE.AND I'VE GOT ONLY PICTURE ON THE AND CAN YOU TELL THE BOARD WHAT DATE PICTURES WERE TAKEN? YEAH, THESE WERE TAKEN ON AUGUST 13TH, 2020 FOURTH.
UM, HOW DOES THE DEPARTMENT OF CODE COMPLIANCE, UH, EVALUATE WHETHER THE, THE PROPERTY PRELIMINARILY QUALIFY FOR THIS ANCE PROPERTY? OH, WHEN WE CITED IT FOR THREE OR MORE IN A PARTICULAR YEAR.
AND DID YOU ISSUE THREE OR MORE CITATIONS FOR VIOLATIONS OF CHAPTER 27 ON THE DALLAS CITY CODE? UM, BETWEEN AUGUST 16TH, 2023 AND AUGUST 16TH, 2024? UH, YES, I DID, SIR.
AND, UH, LET'S QUICKLY TURN, BEFORE BEING CALLED ON OCTOBER 1ST, 2024, UM, DID THE PROPERTY OWNER ATTEND THAT, THAT MEETING TO PRESENT EVIDENCE, UM, UH, THAT THEY TAKE TO EV CODE VIOLATIONS? UH, YES.
THEY BOTH ATTENDED A PARTICULAR MEETING FOR THAT DISCUSSION.
UM, CAN YOU GENERALLY DESCRIBE SOME EVIDENCE SUBMITTED, UM, YOU KNOW, BY THE, UH, BY THE OWNER? HE SUBMITTED PHOTOS.
WE ALSO SENT, UH, SUBMITTED RECEIPTS, AND HE ALSO SUBMITTED SOME, SOME COPIES OF SOME SORT LOGS, MAINTENANCE LOGS.
THE, THE MAINTENANCE LOGS WERE, UM, BLANK.
HOWEVER, THEY WERE NOT, DIDN'T APPEAR TO BE THAT THEY WERE ACTIVELY USED, CORRECT? YES.
UM, AND, UM, AFTER YOU, YOU KNOW, REVIEWED WITH THE DIRECTOR, WAS THAT YOU, IN YOUR OPINION, THAT EVIDENCE, UH, DEFICIENT OR REBUT THAT EVENTUALLY MEANS PROPERTY PRESUMPTION? NO.
UM, ALL I HAVE IS A CLOSING LEFT.
I CAN DO THAT NOW, OR IF Y'ALL WOULD LIKE A, AN OPPORTUNITY TO QUESTION THE WITNESS.
YEAH, WE'LL SAY, UH, THE CLOSING FOR THE END.
UM, MR. BO, YOU'VE GOT ABOUT, UH, SIX MINUTES REMAINING OF YOUR TIME, IF YOU HAVE ANY QUESTIONS FOR THE CITY.
UH, IF WE'VE GOT THIS, UH, PICTURE UP RIGHT NOW ON THE SCREEN, I'LL JUST GO WITH THAT.
WHAT UNIT WAS THIS? UH, SIR, I CAN'T TELL YOU THAT.
WHEN WAS THE LAST TIME THAT YOU WENT BACK AND INSPECTED THIS UNIT? I CAN'T GIVE YOU A DATE.
IT'S BEEN A WHILE SINCE I WENT BACK.
YOU CAN'T TELL THIS PANEL THAT THESE ISSUES THAT ARE DEPICTED IN THESE PICTURES HAVEN'T BEEN FIXED.
CAN YOU? I CANNOT, NO FURTHER QUESTIONS.
IF, IF I MAY, I, I THINK I DO HAVE A LITTLE BIT MORE TIME.
AND SIR, I, I DIDN'T CATCH YOUR, YOUR NAME OR I WOULD ADDRESS YOU PROPERLY.
COULD YOU TELL ME YOUR LAST NAME? WITNESS? YES, SIR.
MY NAME IS, UH, ROBERT GONZALEZ.
I'M NOT GONNA BE LED TO THE POINT, BUT FOR ALL THESE PICTURES THAT WE'VE JUST BEEN TAKEN THROUGH, I COULD ASK YOU, UNLESS IT SHOWS A ROOM, A, A DOOR WITH A ROOM NUMBER.
YOU DON'T KNOW WHAT UNIT THE PICTURE WAS TAKEN IN, DO YOU? NO, SIR.
I'M NOT SEEING FOLLOW UP PICTURES.
UH, YOU CAN'T TELL THIS PANEL THAT THESE ISSUES THAT ARE DEPICTED IN ONE OF THESE PICTURES HAVE NOT BEEN FIXED AT THIS POINT IN TIME, CAN YOU? NO, I CANNOT AT THIS POINT IN TIME.
AND YOU CAN'T, YOU CAN'T TELL THIS PANEL WHEN THESE ISSUES WERE FIXED, CAN YOU? NO, SIR.
WHERE THE PANEL BROUGHT UP A GOOD POINT, THEY'RE LIKE, HEY, THEY WANNA SEE SOME BEFORE AND AFTER PICTURES FROM ME.
I, UNFORTUNATELY, I DIDN'T HAVE THE LUXURY OF HAVING THESE EXHIBITS IN.
IT MAY, IT'S JUST DUE TO THE NATURE OF THE PROCEDURE.
UH, OR I MIGHT HAVE TRIED TO DO THAT.
DO YOU HAVE BEFORE AND AFTER PICTURES OF THIS PARTICULAR UNIT HERE? I'VE GOT BEFORE AND AFTER PICTURES OF VARIOUS TYPES OF UNITS? WELL, NO, NO.
I'M ASKING FOR THESE PICTURES THAT WE'RE SHOWING THE PANEL HERE, AND IT'S JUST ONE EXAMPLE THAT WE'RE SITTING AT ON WHAT PAGE NUMBER OF YOUR EXHIBIT IS THE AFTER OF, OF I CAN'T GIVE YOU THAT ANSWER.
WELL, AND YOU CAN'T EVEN TELL US THAT THERE IS AN AFTER PICTURE IN ANY ONE OF THESE PICTURES, IS THERE? NO.
AND PARTLY BECAUSE SOME OF THE UNITS ARE VERY HARD TO GET INTO.
UH, TENANTS ARE SURE ALLOWING ME TO ACCESS THE UNITS.
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BUT MY, MY POINT IS THAT AS MUCH AS I WOULD'VE LIKED TO HAVE HAD THESE PICTURES IN ADVANCE SO I COULD SHOW THE HONORABLE PANEL MEMBERS, YOU DON'T HAVE ANYTHING SHOWN THAT THESE ISSUES HAVEN'T BEEN CORRECTED.ALRIGHT, WE WILL NOW PROCEED WITH BOARD QUESTIONING.
GO TO GO DOWN THE LIST FOR THREE MINUTES AND THEN TWO MINUTES.
UM, BEGINNING WITH MS. KYLE, DO YOU HAVE ANY QUESTIONS FOR THE CITY? UM, YEAH.
SO IT, YOU MENTIONED YOU'VE BEEN THERE 25 TIMES.
IT LOOKS LIKE THESE PHOTOS WERE TAKEN ON MY BIRTHDAY IN AUGUST, AND I SAW SOME WERE TAKEN EARLIER IN THE YEAR.
SO, UH, AM I CORRECT THAT, YOU KNOW, THE PHOTOS THAT, THAT HAVE BEEN SUBMITTED BY THE CITY ARE, UM, FROM MULTIPLE VISITS? YES, MA'AM.
FROM MULTIPLE VISITS, NOT JUST A, LIKE ONE STAND, YOU KNOW, ONE SHOT OF TIME.
UM, MS. MS. WILLIS, DO YOU HAVE ANY QUESTIONS? I DO.
CAN YOU GUYS SEE ME OKAY? YES.
I TRYING TO THINK OF WHICH ONE WOULD BE THE BEST ANSWER, UH, QUESTION TO ASK, BUT I'M DOING THE BEST I CAN 'CAUSE I'M ON MY CELL PHONE.
BUT FROM THE, WHAT I SEE, UM, AS FAR AS THE CITATION GOES, UM, ARE THEY STILL RECEIVING CITATIONS? AND IF SO, UM, DO YOU HAVE A BALANCE ON THAT? NO, MA'AM.
I'M NOT ISSUING CITATIONS AT THIS TIME.
UM, WHEN DID, WHEN, SO WHEN, WHEN DID THE, THE CITATIONS? SO WE NORMALLY, UM, MYSELF AND MY, MY, MY PARTNER HERE, MY ATTORNEY HERE, WE SCHEDULE A, UH, A AN IN AN INSPECTION WITH THE PROPERTY OWNERS.
AND IF IT'S AT THAT TIME, THERE ARE VIOLATIONS.
AND THAT'S GENERALLY WHEN I START ISSUING CITATION.
IT HAS BEEN A LITTLE BIT OF A TIME SINCE WE WENT BACK TO INSPECT THAT IF WE HAVEN'T BEEN SCHEDULED THAT.
SO THEY DON'T HAVE ANY OUTSTANDING BALANCES WITH THE STATE.
YOU KNOW, I'M NOT QUITE, I'M NOT QUITE SURE ON THE BALANCE.
UM, UH, IN TERMS OF THAT, I, I BELIEVE THERE'S STILL SOME CITATIONS THAT ARE STILL PENDING IN THE MS, BUT I CANNOT CONFIRM AT THIS POINT.
AND I'M JUST GONNA BE KIND OF HYPOTHETICAL, LIKE IF THIS WAS, IF, IF, IF NOTHING WAS DONE TO, UM, REMEDY THE, THE CITATIONS OR APPROVE THE PREMISES, THE PEOPLE WERE TO BE EVICTED OR HAVE TO MOVE OUT, SOME OF THEM LOOK LIKE THEY WOULD BE HOMELESS.
SO TO YOU, WHEN YOU WENT TO GO DO AN INSPECTION, DO SOME OF THEM LOOK LIKE THAT THEY'RE ON THE BORDERLINE OF BEING HOMELESS? TO SOME DEGREE, YES, MA'AM.
UM, THEY'LL, A LOT OF THEIR FINANCIAL TRANSACTIONS WILL BE THROUGH CASH.
BUT I REMEMBER HAVING A CONVERSATION WITH A PARTICULAR PERSON, UM, AFTER WE WERE MAKING THE ILLEGAL LAND USE ENFORCEMENT REGARD TO THE PROPERTY BUILDERS, AND THAT'S WHEN THEY WERE MAKING THEIR NECESSARY, THEY WERE PICKING PEOPLE OUT AND THE GUY GOT MAD AT ME.
UH, HE GOES, MAN, I, I HAVE NO PLACE TO GO.
SO YEAH, TO SOME DEGREE THEY, YOU KNOW, SOME OF 'EM THERE.
UH, BUT THERE'S SOME PEOPLE THAT ARE ACTING ON THE STREETS THAT USE THAT PLACE TO DECIDE TO WHAT RES RESIDE.
UH, MR. JEFFERSON, DO YOU HAVE QUESTIONS FOR THE CITY? UH, WELL, YEAH.
TO DRAW YOUR ATTENTION SPECIFICALLY TO SOME OF THE, UM, ITEMS THAT ARE OBVIOUSLY NOT
[01:25:01]
THINGS THAT WERE, UH, DONE, DAMAGED FROM SOMETHING THAT JUST WAS IMPROMPTU, BUT SOMETHING THAT TOOK, THAT WAS OVER A PERIOD OF TIME.I'M, UH, I'M TALKING SPECIFICALLY ABOUT THE WIRING, FOR EXAMPLE, AND THE, THE, UH, DOORS WITH THE EXPOSED, UM, WEATHER WEATHERING, UH, ISSUES.
UH, DO YOU KNOW WHETHER OR NOT THOSE ITEMS HAVE BEEN REPAIRED OR NOT, OR ADDRESSED? NO, SIR.
I DON'T HAVE, I CANNOT GIVE YOU AN ANSWER IN TERMS OF WHETHER OR NOT THOSE VIOLATIONS HAVE ACTUALLY BEEN ABATED.
IT'S BEEN A WHILE SINCE WE'VE BEEN BACK TO INSPECT.
WELL, I, I CAN KINDA SEE, UH, MR. MARA'S, UM, VIEWPOINT IN THE SENSE THAT HE, HE DOESN'T HAVE THE, UH, IN THIS, IN THIS PARTICULAR PANEL, HE DOESN'T HAVE THE OPTION OF BEING ABLE TO SHOW US WHETHER OR NOT IT'S BEEN CORRECTED OR NOT.
MR. CUCH, DO YOU HAVE ANY QUESTIONS FOR THE CITY, MR. GONZALEZ? UM, MY QUESTION FOR YOU IS IN REGARD TO THESE PHOTOS THAT YOU SHOWED US OR WENT THROUGH, UM, WERE THE, DO YOU KNOW IF ANY OF THESE PHOTOS OR ALL OF THESE PHOTOS WERE PRESENTED AT THE COURT, THE COURT MEETING IN OCTOBER? FIRST? I CANNOT GIVE YOU AN ANSWER.
NO, NOT ALL THESE PHYSICAL THERE AT THE ACCORD MEETING, DID YOU ATTEND THE ACCORD MEETING? I DID.
I'M SORRY, I DIDN'T HEAR YOUR ANSWER.
AND WHO WOULD'VE BEEN IN POSSESSION OF THESE PHOTOS? WOULD IT HAVE BEEN YOU OR WOULD IT HAVE BEEN THE CITY? UM, ATTORNEY.
UM, AND YOU'RE SAYING THAT YOU DIDN'T PRESENT, NOT ONE OF THEM.
I CAN'T RECALL IF I PRESENTED ANY, UH, ANY OF THESE REALLY.
THESE WERE PUT TOGETHER FOR THIS PRESENTATION HERE.
IN YOUR GENERAL PRACTICE, WHEN YOU'RE AT A ACCORD MEETING IN THE PAST YEAR, DO YOU TYPICALLY SHOW THE PHOTOS THAT YOU'VE TAKEN OF A PARTICULAR PROPERTY? YES.
UH, WE GIVE SAMPLE PHOTOS, UH, NOT ALL THE PHOTOS, BUT WE DO GIVE SOME GENERAL KNOWLEDGE THAT COVERS THE VIOLATION OF CONCERNS WITH THE PROPERTY OWNERS AND TO GIVE THEM AN, AT LEAST AN IDEA.
SO WE TRY TO EDUCATE THEM BY USING THE VISUAL ASPECTS OF PRESENTING, UH, VARIOUS TYPES OF PHOTOS.
SO I CAN PRESUME THAT YOU WOULD'VE SHOWED HIM SOME PHOTOS, MAYBE NOT THESE PHOTOS, BUT YOU WOULD'VE SHOWED, UM, SOME PHOTOS TO THE, UM, ONE OF THE OWNERS.
IS THAT, WOULD THAT, IS THAT AN ACCURATE ASSUMPTION? THAT WOULD BE ACCURATE, AND YOU WOULD'VE SHOWN IT TO ONE OF THE OWNERS OF THE COMPANY THAT WAS STARTED IN 1993, AND IT'S BELIEVED THAT THAT OWNER WHO ATTENDED WAS BIPPING PATEL.
AND MR. MAHE, OH, AND MAHESH WAS THERE AS WELL? YES, SIR.
SO BOTH OF THEM WERE THERE, BUT BOTH OF THEM ARE NOT, THEY'RE NOT PRESENT TODAY.
YOU DON'T SEE THEM IN THE, UM, IN THE, UH, PRESENTATION HERE TODAY, DO YOU? NO, SIR.
UM, AND THEN THESE INSPECTIONS, YOU SAID YOU VISITED AROUND 25 TIMES, AND WHAT I COUNTED WAS JUST BY THE DATES.
THESE ARE PHOTOS OF ABOUT FOUR OF YOUR VISITS.
WOULD YOU HAVE TAKEN THE OTHER 21 TIMES OR 20 PLUS OTHER TIMES? WOULD YOU HAVE TAKEN PHOTOS AS WELL? WELL, YES, SIR.
AND IN THOSE OTHER 20 VISITS, WOULD THE PHOTOS BASICALLY APPEAR TO, UH, PRESENT THE SAME TYPES OF CONDITIONS OF THIS PROPERTY? YES, SIR.
UH, MR. HAYES, DO YOU HAVE ANY QUESTIONS FOR THE CITY? UM, AM I LIMITED TO QUESTIONING MR. GONZALEZ, OR MAY I ASK QUESTIONS OF MR. STRINGER? UH, EITHER ONE.
I HAVE QUESTIONS FOR MR. STRINGER.
THE, UH, MR. BESHARA HAS, CONT HAS STATED THAT SOME OF THESE CITATIONS WERE OVERTURNED IN MUNICIPAL COURT.
IS THAT A CORRECT PRESUMPTION? I'M NOT CERTAIN OF THE STATUS OF ALL THE CITATIONS.
I BELIEVE THERE MAY HAVE BEEN SOME DEFERRAL AGREEMENTS ENTERED INTO.
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I DON'T HAVE, I I CAN'T SPEAK, UM, TO THE CURRENT STATUS OF, OF ALL OF THEM, UM, AT, AT THIS TIME.UM, BUT I BELIEVE THERE ARE SOME THAT ARE STILL STILL PENDING, UH, WITH MUNICIPAL.
AND THIS, ONE OF THE ISSUES THAT KEEPS COMING UP, PARTICULARLY IN MY MIND, WAS THIS LONG TERM RESIDENCE ISSUE.
IS THAT PART OF THE CITATIONS AND THAT WE'RE CONSIDERING AS VIOLATIONS TODAY? OR IS THAT A TOTALLY SEPARATE ISSUE BECAUSE IT INVOLVES ZONING AND, AND OTHER FACTORS AS WELL? IT IS RELATED.
IT WAS PART OF NOTICE AND CITATIONS THAT, THAT THE CITY PROVIDED.
HOWEVER, FOR PURPOSES OF THE HABITUAL NUISANCE PROPERTY ORDINANCE, UM, THE CITATIONS FOR LEGAL LAND USE DON'T QUALIFY AS, UH, CITATION FOR THE H AND T PURPOSE.
SO THE PURPOSE OF THE, THE BOARD, AND TODAY, IT REALLY, UH, ABOUT THE, THE VIOLATION FOR CHAPTER 27, EXCUSE CITATIONS FOR CHAPTER 27 VIOLATION.
SO BASICALLY, IF, DO YOU HAVE ANY EVIDENCE TO, TO PRESENT THAT CAN SHOW UNEQUIVOCALLY THAT THESE CODE VIOLATIONS THAT HAVE EXISTED SINCE THE SPRING AND SUMMER 24 HAVE NOT BEEN FIXED? WE, UH, AGAIN, WE, WE HAVEN'T BEEN AT THE PROPERTY, UM, IN THE LAST FEW MONTHS.
THE, THE LATEST FIXTURES WE HAVE ARE HERE FROM, FROM AUGUST.
AND I THINK THE, THE THING TO KEEP IN MIND IS ABOUT, YOU KNOW, THE, THE TIME OF THE CITATIONS IN THE ACCORD MEETING AND WHAT ACTION HAD TAKEN PLACE PRIOR TO, TO THAT OCTOBER 1ST, THE BOARD MEETING, UM, RATHER THAN, UM, YOU KNOW, DETERMINING WHETHER THESE VIOLATIONS HAVE BEEN FIXED AS OF TODAY.
WELL, IN THE CASE OF HABITUAL CRIMINAL PROPERTIES, WHICH WE SEE MORE OFTEN THAN NUISANCE PROPERTIES, THERE IS A PERIOD OF TIME GIVEN AT THE ACCORD MEETING FOR THE VI VIOLATIONS TO BE FIXED.
IS THAT NOT THE CASE HERE? ONE, IF THEY'RE STILL BAD AT THE ACCORD MEETING, THEY'RE, THEY'RE DEAD IN THE WATER.
IF, IF THEY, THE, THE ACCORD MEETING, THEY CAN'T, IF THEY MUST PRESENT EVIDENCE THAT ALL VIOLATIONS HAVE BEEN ABATED.
SO INSPECTOR, THANK YOU FOR BEING HERE TODAY.
I APPRECIATE WHAT YOU DO FOR THE CITY.
UM, WE'LL START WITH EARLY, BASIC, BASIC QUESTION.
ON A SCALE OF ONE TO 10, ONE BEING WORST, 10 BEING PRISTINE, WHAT WOULD YOU RATE THIS PROBLEM? ALRIGHT, I THINK, I THINK VERY GENEROUS, BUT I APPRECIATE YOUR ANSWER.
UM, A QUESTION WAS ASKED BY ONE OF THE BOARD MEMBERS, AND NO DISRESPECT, UH, OR THE, THE, TO ASK HER, UM, DOES HOMELESSNESS FACTOR INTO, UM, CODE VIOLATIONS? SO Y'ALL TAKE INTO ACCOUNT THAT SOMEONE BE HOMELESS, SO YOU WOULD NOT ISSUE A VIOLATION.
SO, IN OTHER WORDS, SO, SO, SORRY.
MS. WILLIS, WHAT IS YOUR POINT OF ORDER? I'M SORRY.
I WANNA MAKE A CLARIFICATION THAT WHEN I OPPOSED THE QUESTION, I SAID I'M SPEAK HYPOTHETICAL WITH THAT QUESTION, KNOWING THAT THIS CODE VIOLATIONS WASN'T BASED UPON THEM BEING HOMELESS, BUT I DID MAKE THE STATEMENT THAT I WAS BEING HYPOTHETICAL.
THEIR STATUS FOR BEING HOMELESS WOULDN'T DECIDE FOR ME IN TERMS OF MAKING ANY KIND OF ENFORCEMENT.
FIRST, THE POINT OF ORDER IS OVERRULED.
UM, YOU CAN CONTINUE WITH THE QUESTION.
I'LL GIVE YOU 42 SECONDS BACK.
SO THAT WAS MY QUESTION WAS, SO YOU HAVE ANSWERED IT.
SO SOMEONE POTENTIALLY BEING HOMELESS DOES NOT FACTOR INTO WHETHER YOU DO ISSUE A CITATION OR NOT? NO, IT DOES NOT.
THAT, THAT'S KIND OF WHAT I WAS LOOKING FOR FOR SOME CLARIFICATION.
UM, WHAT IS A CITY'S, UH, ORDINANCE FOR LENGTH OF STAY IN A MOTEL? FOR A MOTEL? IT'S AS LONG AS IT'S LESS THAN 30 CONSECUTIVE DAYS.
SO I'M GONNA GUESS BY LOOKING AT SOME OF THESE PICTURES.
SO MANY PEOPLE ARE THERE LONGER THAN 30 DAYS, BUT THAT'S JUST AN ASSUMPTION ON MY PART.
UM, WHEN YOU DO INSPECTIONS, DO YOU LEAVE A REPORT WITH SOMEBODY OF WHAT YOU FOUND EACH TIME YOU DO AN INSPECTION? I MAKE, YES.
TO ANSWER YOUR QUESTION, MOST CASES IT'S VERBAL.
[01:35:01]
TIME, SO 25 TIMES YOU'VE TOLD SOMEBODY WHAT'S GOING ON.DO YOU WALK INTO SOME OF THESE ROOMS AND POINT OUT WHAT YOU SEE? YES, I HAVE MR. MAHE AND MR. UM, NEON PATEL, BELIEVE THAT'S HIS NAME.
UH, BOTH ARE SOME SORT OF MANAGEMENT REPRESENTATIVES AND THE, AND THEY COME WITH ME TO THESE INSPECTIONS, AND YES, I DO LET THEM KNOW.
I EVEN POINT 'EM OUT FOR THE ISSUES.
THESE 25 INSPECTIONS WERE OVER WHAT PERIOD OF TIME? SINCE I TOOK THE CASE, UH, IN AUGUST OF 23.
SO 25 TIMES YOU'VE BEEN OUT THERE, AND YET WE'RE STILL SEEING SOME PICTURES THAT WERE SUBMITTED BY THE APPELLANT THAT SHOWS THINGS WERE NOT FIXED, CORRECT? YES.
SO AT THE END OF THE DAY, IT LOOKS LIKE THE APPELLANT WAS TRYING TO SHOW US THINGS WERE DONE, BUT THEY WERE NOT DONE.
THEY WERE PROBABLY DONE AFTER THE FACT.
SO IN YOUR OPINION, WOULD YOU SAY THIS PROPERTY IS STILL IN BAD SHAPE? I WOULD SAY SO UNTIL I INSPECTED AND CLEAR IT MYSELF, YES.
'CAUSE WE DIDN'T GET THE BEFORE OR AFTER PICTURES EITHER, AND, UH, THE APPELLATE'S ATTORNEY SAID, WELL, YOU KNOW, YOU DIDN'T SHOW PICTURES THE BEFORE AND AFTER.
SO WE'RE KIND OF ON EQUAL PLAYING GROUND, CORRECT? YES.
UM, I'VE GOT A FEW QUESTIONS FOR YOU.
UM, WHY HAS THE CO FOR THIS PROPERTY NOT BEEN INCLUDED? THAT'S GONNA BE NOT SOMETHING FOR ME.
UH, THAT'S GONNA BE SOMETHING FOR BILLING INSPECTIONS AND THAT'S, YOU KNOW, A CONVERSATION THAT'S PROBABLY, YOU KNOW, THERE'S GONNA BE SOME COLLABORATION NEEDED FOR THAT.
UM, ARE, ARE THE ISSUES THAT WE SEE WHERE, YOU KNOW, SOMEBODY'S OPERATING BEAUTY SALON, UH, THERE'S A LACK OF, UH, GCIS IN THE BATHROOM, THERE'S HOUSEHOLD APPLIANCES, UM, IN THESE UNITS, PEOPLE ARE STAYING THERE FOR, FOR, I GUESS YOU SAID MONTHS AT A TIME.
UM, ARE THESE THE SORT OF ISSUES IN YOUR EXPERIENCE THAT PROPERTY MANAGEMENT IS USUALLY AWARE OF BEFORE YOU BRING IT TO THEIR ATTENTION? USUALLY, YES.
UM, IF I CAN ELABORATE SOMETHING I'VE HAD CONVERSATION WITH, I THINK THE MOST I'VE RECEIVED FROM SOMEONE THAT THEY'VE LIVED THERE FOR ABOUT TWO YEARS.
UM, AND THAT'S DIRECTLY FROM THE PERSON WHO'S STAYING IN THE ROOM.
AND, AND SO I TAKE IT THAT THAT PERSON, PERSON TOLD YOU THAT VOLUNTARILY.
I MEAN, WHEN YOU GO THERE, DO YOU IDENTIFY YOURSELF AS AN INSPECTOR FOR THE CITY OF DALLAS? YES, BEFORE I ENTER ANY OF THESE UNITS, UH, EVEN AT, I, I, I, I'M VERY POLITE WITH FOLKS.
UM, UH, I ALWAYS ASK THE PERMISSION IF I CAN DO A QUICK INSPECTION AND 90, 95% OF THE TIME, THEY'RE GENERALLY PRETTY GOOD.
I MEAN, AND THEY ALLOW ME TO GIVE 'EM, AND I'LL, I'LL HAVE A CONVERSATION WITH 'EM AND, AND JUST KIND OF BRING THEM AT EASE.
AND REALLY, AND DURING MY CONVERSATIONS, I'LL ASK, SO HOW LONG HAVE YOU BEEN STAYING HERE, YOU KNOW, IN THIS PARTICULAR ROOM? AND, UH, AGAIN, UH, THE MOST THAT I, I REMEMBER SEEING ABOUT TWO YEARS AND OTHER CASES YEAR OR SIX MONTHS.
AND, AND THESE FOLKS LET YOU IN, IN SPITE OF HAVING DO NOT DISTURB SIGNS ON THEIR DOORS? UH, I DIDN'T SEE ANY NO DISTURB SIGNS OF ANYTHING.
AND, YOU KNOW, OWNERSHIP WILL BE WITH ME AND, AND WE'LL TALK WITH 'EM, AND I'M JUST VERY CLOSE AT THOSE.
AND SO IF, IF THEY'RE LETTING YOU IN, THERE'S PROBABLY NO REASON WHY THEY WOULDN'T LET MANAGEMENT IN WHEN YOU WEREN'T THERE.
IS THERE A REGULAR MAID SERVICE AT THESE, AT THIS, UH, MOTEL? THAT'S A GOOD QUESTION.
I HAVE SEEN SOME PHOTO MAID SERVICE.
UM, ALL OF THE PHOTOS THAT YOU'VE PROVIDED TO US WERE MADE BEFORE THE DETERMINATION OF THE PROPERTY, RIGHT? YES.
AND SO DO YOU GENERALLY DOCUMENT THAT THINGS HAVE BEEN FIXED OR IS THAT SOMETHING THAT THE PROPERTY OH, UM, ASK THAT QUESTION AGAIN, SIR.
UM, YOU GO OUT AND YOU WRITE CITATIONS AND YOU TAKE PICTURES TO DOCUMENT THE CITATIONS.
IF YOU GO OUT THERE AND THERE'S NOTHING WRONG, DO YOU GENERALLY DOCUMENT AND TAKE PHOTOS
[01:40:01]
OF THINGS THAT AREN'T VIOLATIONS? NO.UM, THAT'S ALL TIME THAT I'VE GOT.
UH, WE WILL HAVE A SECOND ROUND FOR TWO MINUTES.
MS. KYLE, DO YOU HAVE ANY ADDITIONAL QUESTIONS FOR THE CITY? NO.
MS. WILLIS, DO YOU HAVE ANY ADDITIONAL QUESTIONS FOR THE CITY? I DO.
UM, YOU'RE RECOGNIZED, ACTUALLY, I'M, I'M GONNA PASS THIS TIME PASS.
UH, MR. JEFFERSON, DO YOU HAVE ANY ADDITIONAL QUESTIONS? UH, QUESTION, UM, IN ALL INTENTS AND PURPOSES, IF I, I, I THINK YOU MENTIONED THAT IT'S 30 DAYS THAT THE, UH, CITY ALLOWS YOU TO STAY ON THE PROPERTY AS A, AS A CLIENT.
ANYTHING, UH, 30 DAYS CONSECUTIVE OR MORE WOULD BE CONSIDERED AN EXTENDED STAY.
SO THEN ALL INTENTS AND PURPOSES, IF THEY STAYED 29 DAYS AND THEN CHECKED OUT, COULD THEY CHECK BACK IN AND START IT OVER? THAT WOULD BE THE LOOPHOLE, YES.
UH, MR. CILLA, YOU HAVE ADDITIONAL QUESTIONS.
ONE OF THE QUESTIONS I HAD, MR. GONZALEZ, SINCE I'M ASSUMING YOU HAD SOME TYPE OF ROLE IN WRITING, THE ACTUAL NOTICE OF FINAL DESIGNATION OF HABITUAL NUISANCE PROPERTY ON DATED OCTOBER 31ST, 2024, ONE OF THE 60 DAYS, UH, REQUIREMENTS WAS, UM, IT WOULD'VE BEEN ROMANT, UH, NUMBER, LET'S SEE HERE.
IF I HAD A, OR ACTUALLY IT WOULD'VE BEEN IN A, UH, ROMANT, UH, LOOKS LIKE 12.
IT SAYS, REQUIRE ALL GUESTS TO CHANGE ROOMS EVERY 14 DAYS TO ALLOW FOR CLEANING AND MAINTENANCE.
AS FAR AS YOU KNOW, DO YOU KNOW IF THAT WAS EVEN IMPLEMENTED EVER, OR IF THEY, WHAT THEIR RE ANY RESPONSE WAS TO THAT? NO, TO ANSWER YOUR QUESTION, A LOT OF TIMES, UH, I THINK AT SOME POINT WE WERE ASKING WHAT THEIR POLICIES WERE.
WE COULD TAKE A LOOK AT THOSE POLICIES AND PROCEDURES REGARDING THAT.
UH, WE WERE NEVER, OR AT LEAST TO MY KNOWLEDGE, UH, I WAS NEVER ABLE TO VISUALLY ACTUALLY SEE POLICIES, PROCEDURES REGARDING THAT.
SO, TO ANSWER YOUR QUESTION, NO.
AND SO WHY WOULD YOU MAKE THAT RECOMMENDATION IF THE MINIMUM OF THE CITY ORDINANCE, THE BASIC MINIMUM STANDARD, IS LESS THAN 30 DAYS? WHY WOULD SOME, WHY WOULD THE CITY MAKE THAT TYPE? I HAVE MY OWN PRESUMPTION, BUT WHY WOULD THE CITY MAKE THAT TYPE OF RECOMMENDATION OF EVERY 14 DAYS SWITCH? SO YOU CAN DO MAINTENANCE AND, AND REPAIR? I CAN ANSWER THAT ONE IF YOU DON'T MIND, JUST TO, UH, YEAH, GO AHEAD.
UM, JUST WANTED TO SUGGEST, YOU KNOW, MEASURES THAT WOULD, UH, REDUCE THE INCIDENCE OF, OF FOLKS STAYING AT THE PROPERTY FOR MORE THAN 30 DAYS.
THAT THE, YOU KNOW, KIND OF SUGGESTION TO GET THAT, THAT PROCESS MOVING SO THAT THEY WOULD, UM, YOU KNOW, THERE WOULD BE A CHANGE HAPPENING AT THE PROPERTY, YOU KNOW, NOT ALLOW FOLKS TO STAY, YOU KNOW, OPERATE AS, AS IT HAD BEEN PREVIOUSLY.
AND THIS WAS, I, I ASSUME THAT THAT'S FOR A CHANGE IN THE BEHAVIOR OF THE MANAGEMENT.
IS THAT KIND OF THE IDEA? E EXACTLY.
AND THEN ONE OF THE THINGS I, I WANTED TO CONFIRM YOU HAD STATED, MR. GONZALEZ, THAT'S, THAT'S YOUR TIME.
UH, MR. HAYES, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO, THIS AT THIS TIME, CHAIR.
MR. QUINT, NO FURTHER QUESTIONS.
AND I AM NOT GONNA HAVE ANY ADDITIONAL QUESTIONS.
UM, SO WE CAN MOVE ON TO CLOSING STATEMENTS, BEGINNING WITH THE APPELLANT.
MR. BISHAR, YOU HAVE A BRIEF CLOSING.
THANK YOU AGAIN, FOLKS, I APPRECIATE, UH, THE TIME AND ATTENTION.
YOUR QUESTIONS ARE, UH, CERTAINLY ILLUSTRATE THAT YOU'RE PAYING ATTENTION, YOU'RE WANTING TO GET THE INFORMATION SO YOU CAN MAKE THE RIGHT DECISION.
MY CLIENT APPRECIATES THAT I DO AS WELL.
THERE'S A LOT OF FOCUS HERE ON, UH, YOU KNOW, WHETHER THERE'S A, UH, CROCKPOT IN THERE AND SOMEBODY'S STAYING MORE THAN 30 DAYS.
AS MR. STRINGER TOLD YOU, THAT HAS NOTHING TO DO WITH THIS APPEAL.
YOU CANNOT BE DESIGNATED AS A HABITUAL, NUISANCE
[01:45:01]
PROPERTY ON THE BASIS OF A VIOLATION OF THAT NATURE, EVEN IF THAT WERE PROVEN, WHICH IT'S NOT.UH, SO I ENCOURAGE YOU TO PUT THAT OUT OF YOUR MIND.
I, I FOUND IT VERY TELLING THAT MR. UH, THE, THE BUILDING INSPECTOR, I'M SORRY, WAS IT GONZALEZ OR GUTIERREZ GONZALEZ.
MR. GONZALEZ, IN RESPONSE TO ONE OF YOUR QUESTIONS, UH, SOMEONE SAID, HEY, WELL, DO YOU TAKE PICTURES WHEN THERE'S NOT AN ISSUE? AND MR. GONZALEZ SAID, WELL, NO.
THAT'S WHY WE DON'T HAVE AFTER PICTURES.
WE HAVE THE BEFORE PICTURES THAT THE CITY HAS PRESENTED.
WE DON'T HAVE AFTER, BECAUSE HE DOESN'T TAKE PICTURES ONCE IT'S BEEN FIXED.
I DIDN'T KNOW WHAT THE CITY WAS GONNA PRESENT.
IF I DID, THEN I WOULD'VE SHOWED UP WITH AFTER PICTURES TO ADDRESS EACH ONE OF THESE THINGS SO YOU COULD SEE 'EM.
THEY'VE HAD ALL THE OPPORTUNITY IN THE WORLD.
WELL, HE'S TOLD YOU THE LAST TIME HE WAS OUT AT THIS PROPERTY WAS IN AUGUST.
HE HAS NO IDEA WHAT'S HAPPENED TO THIS PROPERTY SINCE THEN.
YOU CAN SEE THROUGH MY CLIENT'S EVIDENCE ALL THE TIME, MONEY, AND WORK THAT'S BEEN PERFORMED.
MY CLIENT IS COOPERATING WITH THE CITY.
MR. STRINGER AND I WERE ATTORNEYS.
UH, PROBABLY SOME OF YOU ON THIS PANEL ARE ATTORNEYS.
MR. STRINGER INVITED ME AND MY CLIENT OUT TO MEET WITH HIM, UH, A BUILDING INSPECTOR AND A FIRE INSPECTOR.
I CAME OUT TO DALLAS, MET WITH MY CLIENT RIGHT THERE WITH HIM.
WE SAID, HEY, LOOK, WE WANT TO MAKE THE CITY HAPPY.
WHAT IS IT THAT WE CAN DO? WE'RE, WE'RE PLAYING BALL HERE.
WE'RE DOING EVERYTHING THE CITY IS ASKING US TO DO.
AND THAT'S WHAT THE EVIDENCE THAT MY CLIENT PRESENTED SHOWS THE CITY CAN'T REBUT ANY OF THAT BECAUSE THE MR. GONZALEZ TOLD YOU HIMSELF, HE DOESN'T TAKE PICTURES ONCE STUFF IS FIXED.
HE DOESN'T TAKE PICTURES IF THERE'S NOT A PROBLEM.
I MEAN, SOME OF THESE THINGS DIDN'T MAKE ANY SENSE.
HE SHOWED YOU A PICTURE OF A CROCKPOT IN A MICROWAVE AND HE SAID, OH, THERE, I DON'T THINK THAT'S A-G-F-C-I OUTLET.
ONE, YOU COULD GO BACK AND LOOK AT THAT PICTURE.
NONE OF YOU, EVEN IF YOU ZOOM IN, ARE GONNA BE ABLE TO TELL IF IT'S A-G-F-C-I OUTLET.
TWO, WE ALL KNOW THE CITY OF DALLAS REQUIRES GFCI OUTLETS IN BATHROOMS AND EXTRA SOURCES OF WATER.
THAT WOULD BE A CITATION IN AND OF ITSELF, IF THAT HAD BEEN THE CASE.
HE WASN'T TAKING A PICTURE OF A LACK OF A-G-F-C-I OUTLET.
HE JUST MADE THAT UP OFF THE CUFF.
I KNOW HE IS DOING HIS JOB, AND I APPRECIATE THE JOB THAT HE'S DOING.
UM, SOMEBODY'S GETTING THEIR HAIRCUT.
YOU SAW A PICTURE OF THAT? WELL, YOU KNOW, WE DIDN'T GET ANY TESTS THIS PERSON OFFERED TO, TO CUT MR. GONZALEZ'S HAIR IN EXCHANGE FOR REMUNERATION.
I MEAN, I CUT MY OWN HAIR AT MY HOUSE.
UH, LOTS OF PEOPLE, YOU KNOW, I CUT MY KIDS' HAIR SOMETIMES, RIGHT? I SHAVE AT MY HOUSE.
DOES THAT MEAN IT'S A BUSINESS? NO.
FOR ALL WE KNOW THAT THE, THE PERSON IN THE CHAIR WAS THE SON OF THE WOMAN THAT WAS CUTTING HIS HAIR, AND YOU COULD PROBABLY TELL NOT EVERYBODY CAN AFFORD TO GO OUT AND SPEND 20 OR 50 OR A HUNDRED DOLLARS ON A HAIRCUT.
SOME PEOPLE ARE NOT AS ECONOMICALLY FORTUNATE AS OTHERS.
THAT DOESN'T PRESENT A VIOLATION OF ANYTHING.
I BELIEVE THAT MR. HAYES ASKED ME EARLIER, YOU KNOW, WHAT WAS THE POINT OF, OF ME PRESERVING THOSE LEGAL ARGUMENTS? WELL, THAT IT'S JUST THAT FOLKS, IT'S JUST TO PRESERVE IT, RIGHT? THAT'S WHAT ATTORNEYS HAVE TO DO BECAUSE, UH, IT'S INCUMBENT UPON US TO ADVOCATE FOR OUR CLIENTS AND PRESERVE POTENTIAL ERRORS.
IT'S, IT'S NOT MEANT TO, UH, DIMINISH THE ROLE THAT YOU PLAY AND THAT YOU'VE BEEN TASKED WITH BY THE CITY OF DALLAS.
IT IS, IT'S AN IMPORTANT ROLE THAT YOU HAVE.
IF YOU GO LOOK AT THIS, THIS STATUTE, THIS ORDINANCE, YOU HAVE A PRESUMPTION OF A NUISANCE PROPERTY.
IF THERE ARE THREE OR MORE CITATIONS, WELL, YOU, THAT DOESN'T REQUIRE PROOF OF ANYTHING, A CITATION.
YOU EVER BEEN CITED FOR SOMETHING INCORRECTLY? YOU EVER GONE DOWN AND FOUGHT AT CITY HALL OR CITY MUNICIPAL COURT? SOMEBODY SAID YOU DID SOMETHING YOU DIDN'T DO.
YEAH, MY CLIENTS CONTESTED THESE THINGS.
THERE'S NO EVIDENCE THAT MY CLIENT WAS CONVICTED OF ANY OF THESE CITATIONS.
THE RECORD BEFORE WE USED BE RIFT OF EVIDENCE TO SUPPORT THE CITY'S POSITION.
[01:50:01]
HAS MADE TREMENDOUS EFFORTS TO ADDRESS THE CITY'S CONCERNS AND WILL STILL DO SO.IN FACT, I WAS SUPPOSED TO HAVE ANOTHER MEETING WITH MY CLIENT AND MR. STRINGER LAST WEEK.
ONLY REASON IT WAS POSTPONED IS BECAUSE OF THE ICE STORM.
WE'LL BE MEETING AGAIN THIS WEEK.
SO THIS IS AN ONGOING COLLABORATIVE PROCESS.
THIS IS NOT AN ABSENTEE PROPERTY OWNER WHO DOESN'T WANT TO DO ANYTHING.
AND I APPRECIATE, UH, THE CONCERN THAT AT LEAST ONE OF YOU EXPRESSED THAT MY CLIENT WAS HERE.
WELL, THAT'S MY, MY DECISION, RIGHT? I LOOK AT THE EVIDENCE THAT THE CITY HAS PRESENTED, AND I MAKE A DETERMINATION WHETHER OR NOT MY CLIENT NEEDS TO APPEAR.
UH, IN RETROSPECT, I THINK I, I PROBABLY WOULD'VE PRESENTED MY CLIENT.
NOW THAT I UNDERSTAND, I'VE NEVER BEEN THROUGH ONE OF YOUR HEARINGS.
SO YOU GUYS ASKED SOME INSIGHTFUL QUESTIONS.
UH, SO IF I HAD A TO DO OVER AGAIN YEAH, I'D, I'D, I'D HAVE MY CLIENT HERE SO THAT HE COULD BETTER ASSUAGE YOUR CONCERNS, UH, ON THIS RECORD.
WITH THIS EVIDENCE, YOU SHOULD SUSTAIN MY CLIENT'S APPEAL, AND I'LL CONTINUE, AND MY CLIENT WILL CONTINUE TO WORK WITH MR. STRINGER AND THE CITY OF DALLAS TO ADDRESS WHATEVER CONCERNS THE CITY HAS.
UM, MR. STRINGER, DO YOU HAVE A BRIEF CLOSING? I DO.
UM, THANK YOU FOR YOUR TIME AND ATTENTION TODAY.
UM, TO CLOSE, I WANNA SIMPLIFY THE ISSUE THAT ARE BEFORE THE BOARD.
UM, FIRST, WHETHER THE, UM, UH, UAL ANCE PROPERTY PRESUMPTION APPLIES TO THE FULL MANER MOTEL.
SECOND, WHETHER THE PRESUMPTION FLOODED BY THE EVIDENCE PREVENTED OCTOBER 1ST, 14.
UH, TODAY YOU HEARD TESTIMONY FROM INSPECTOR GONZALEZ.
THERE HAVE BEEN MORE THAN THREE CITATIONS ISSUED WITHIN A 365 DAY PERIOD.
AND BASED ON ITS PERSONAL KNOWLEDGE OF THE PROPERTY, OWNER FAILED TO TAKE REASONABLE STEPS TO BA CODE VIOLATIONS.
UH, IN ADDITION, UH, TESTIFIED THE EVIDENCE SUBMITTED THAT THE COURT MEETING WAS NOT SUFFICIENT TO REBUT THE INDIVIDUAL, UH, NUISANCE PROPERTY PRESUMPTION.
UM, UPHOLDING THIS, UM, DESIGNATION DOES REQUIRE THE PROPERTY TO POST THE SIGN, IDENTIFYING IT AS AN HABITUAL NUISANCE PROPERTY AND, AND PAY A FEE.
UH, THE FEE IS REQUIRED BECAUSE THE CITY AND SUSPENDED ITS SIGNIFICANT RESOURCES, UM, FOR, FOR, FOR THESE AND OTHER FEW PROPERTIES WHERE EXTRA INTERVENTION IS NEEDED TO GAIN COMPLIANCE.
UM, MOST PROPERTY OWNERS DO NOT NEED EXTRA INTERVENTION.
UM, HOWEVER, THE OWNERS RELUCTANCE TO TAKE PROACTIVE STEPS, UM, UH, TO OBEY THE CODE VIOLATIONS WARRANT SUCH INTERVENTION.
THE WHOLE, UM, UPHOLDING THIS DESTINATION WILL ALLOW THE CITY TO HOLD THE OWNER ACCOUNTABLE FOR TOLERATING CODE VIOLATIONS TO THE PROPERTY, ENSURE THE PROPERTY IS BROUGHT, UH, FULLY IN COMPLIANCE AND REMAINS, UH, IN COMPLIANCE.
UM, AS PART OF THE H AND P DESIGNATION, CITY MAY PLACE CONDITIONS OF HOW THE PROPERTY OPERATES, UH, WHICH WOULD INCLUDE THINGS, UM, LIKE IMPLEMENTING A REGULAR MAINTENANCE PLAN AND OTHER POLICIES AND PROCEDURES, UH, TO, UH, ENSURE THE PROPERTY REMAINS IN COMPLIANCE.
ONCE BROUGHT UP TO CODE, UM, THE CITY APPRECIATES THE RECENT REPAIR HE MADE TO THE PROPERTY.
UM, HOWEVER, THESE REPAIRS SHOULD HAVE BEEN MADE WELL BEFORE THE ACCORD MEETING.
UH, THE PROPERTY, UH, OWNER WAS FIRST NOTIFIED OF SIGNIFICANT CODE VIOLATIONS IN MARCH OF 2023.
UM, AND SO YOU WOULD LIKE TO, UH, STRESS, THIS IS NOT A PUNITIVE MEASURE, BUT, YOU KNOW, WE'D LIKE TO CONTINUE TO WORK WITH THE, THE PULLMAN MOTEL TO GET THIS PROPERTY, UH, FULLY COMPLIANT WITH F CITY CODE AND PROVE THE CONDITIONS OF PROPERTY.
UH, THEREFORE, UH, WE ASK THE BOARD TO UPHOLD THE ADDITIONAL HABITUAL NUISANCE PROPERTY DESIGNATION, UM, SO THAT THE CITY CAN HOLD THIS PROPERTY ACCOUNTABLE AND NEED WORK, UH, WITHIN IMPLEMENTING MEASURES THAT WILL CREATE A SAFER ENVIRONMENT, THE CITY, UH, CITY OF DOUBTS.
UM, THANK YOU FOR YOUR TIME AND ADDITION TODAY.
UM, IS THERE A MOTION FROM THE BOARD REGARDING THE FINAL DETERMINATION AS A HABITUAL NUISANCE PROPERTY FOR MANOR HOSPITALITY COURT? I MOVE THAT WE UPHOLD THE HABITUAL NUISANCE PROPERTY CRIME DESIGNATION.
ALL RIGHT, THERE'S A MOTION BY MR. QUINN TO AFFIRM THE DECISION, AFFIRM THE DECISION OF THE DIRECTOR OF CODE COMPLIANCE AND UPHOLD THE DESIGNATION AS A HABITUAL NUISANCE PROPERTY.
IS THERE A SECOND? SECOND BY MR. HAYES? UH, QUICK TO YOUR MOTION.
WOULD YOU LIKE TO SPEAK ON THE MOTION? I WOULD THANK YOU, CHAIR.
UM, LET ME START BY SAYING, UM, MR. BESHE, I TAKE UMBRIDGE
[01:55:01]
AT YOUR STATEMENT THAT THE CODES AND SANCTIONS ARE DRACONIAN.AND I'M GONNA INFER THAT YOU ALSO FEEL LIKE THEY'RE CAPRICIOUS.
ON TOP OF THAT, UM, THE CITY OF DALLAS, AS WELL AS FORT WORTH, AND ALMOST EVERY MAJOR CITY IN AMERICA HAS CODES TO PROTECT NOT ONLY THE CITY NEIGHBORHOODS AND THE SAFETY OF THE INDIVIDUALS THAT LIVE THERE.
YOU ALSO MENTIONED THAT YOUR CLIENT'S DUE PROCESS RIGHTS WERE VIOLATED.
WELL, WE'RE HERE TODAY BECAUSE YOUR CLIENT'S DUE PROCESS RIGHTS WERE NOT VIOLATED.
UH, UH, SANCTIONS WERE ISSUED, UH, CODE ENFORCEMENT WAS ISSUED, AND WE HAVE AN APPELLATE PROCESS, SO THEREFORE, YOUR CLIENT HAS ALL THE DUE PROCESS IN THE WORLD.
SO WE'RE NOT DOING ANYTHING OUT OF THE ORDINARY THAT, THAT VIOLATES THE CONSTITUTION.
YOU ALSO NOTED THAT YOU WERE PASSING THE BUCK TO THE CITY SAYING, WELL, GEE, YOU'VE GOT BEFORE PICTURES, BUT ZERO AFTER PICTURES.
SO YOU WERE BLAMING THE CITY, BUT YET YOU, YOURSELF, SIR, DID NOT, NOT ONLY HAVE YOUR CLIENT HERE, BUT DIDN'T HAVE AFTER PICTURES EITHER.
WHAT PICTURES WE'RE SEEING, WE DIDN'T, WHAT PICTURES WERE SEEING DEPICTED A FEW THINGS, BUT DIDN'T ADDRESS ALMOST EVERY SINGLE THING, CODE VIOLATION THAT WE SAW.
UM, THE INSPECTOR SAID ON A CODE OF ONE TO 10, IT WAS A FIVE.
SO THERE'S A LOT OF DEFICIENCIES IN THIS, THIS, UH, PROPERTY.
YOU ALSO MENTIONED THAT YOU HAVE SECURITY FROM 11:00 AM TO 12:00 PM WITH THREE HITS IN THAT TIME PERIOD.
WELL, THEY'RE DRIVING THROUGH THE PARKING LOT THREE TIMES.
THAT'S WHY THERE'S 19 AGGRAVATED ASSAULTS ON THIS PROPERTY.
UM, YOU ALSO MENTIONED THAT, WELL, YOU KNOW, YOU SHAVE AT HOME, PEOPLE CUT THEIR HAIR AT HOME, BUT YET, IN THE PICTURE SUPPLIED BY THE CITY, THERE WAS A SALON CHAIR.
THIS PERSON WAS SITTING IN GETTING THEIR HAIR CUT INDICATIVE OF THEY WERE RUNNING A BUSINESS OUT OF THIS HOTEL.
UH, YOU ALSO MENTIONED THAT YOUR CLIENT WAS NOT CONVICTED OF ANYTHING.
UM, THIS IS NOT A, A TRIAL OF, OF GUILT OR INNOCENCE WITH A CONVICTION.
THIS IS TRYING TO FIX A PROPERTY THAT IS SO SUBSTANDARD THAT THEY CAME OUT 25 TIMES TO, TO LOOK AT THIS PROPERTY, AND THEY BROUGHT PEOPLE TO SEE IT WHEN THEY WERE LOOKING.
SO IT WASN'T LIKE THEY JUST WHIMSICALLY MADE ALL THIS STUFF UP.
I REALLY TRULY WISH I WOULD'VE SEEN 11 BATHTUBS THAT WERE REPLACED.
I WOULD'VE LOVED TO HAVE SEEN THE LIGHT FIXTURES THAT HAD COVERS ON.
THERE WERE SO MANY THINGS THAT NEEDED TO BE FIXED THAT WE TRULY DID NOT SEE.
AND AT THE END OF THE DAY, I, I TRULY DON'T BELIEVE THAT YOUR CLIENT TOOK THE NECESSARY STEPS TO BRING THIS PROPERTY UP TO CODE.
HOPEFULLY ONE DAY THEY'LL TAKE THAT CARE.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION I TO ASK FOR, TO REQUEST A POINT OF INFORMATION? CHAIRMAN? UM, WHAT, WHAT IS YOUR POINT OF INFORMATION? I WOULD LIKE TO KNOW IF, EVEN IF WE RULED THEM AS A
THAT'S MY, NO, THE PROPERTY WILL NOT BE CLOSED.
SO YOU JUST HAVE TO PLACE A PLACARD SAYING THAT THEY ARE A HABITUAL, NUISANCE PROPERTY.
UM, AND YOU THINK THEY PAY A FINE, PAY A FINE, AND THEY HAVE TO WORK.
UH, AND THERE MAY BE SOME CONDITIONS THAT THE DIRECTOR MAY PUT ON THE PROPERTY THAT THEY WOULD HAVE TO COMPLY WITH, AND THEN THEY'LL BE INSPECTED, UM, TO SEE IF THEY ARE IN COMPLIANCE WITH THOSE CONDITIONS.
BUT THE PROPERTY WILL REMAIN OPEN IF THAT'S WHAT THE PROPERTY OWNER WISHES TO DO.
WE, THIS PROCESS DOES NOT CLOSE THE, THE BUSINESS DOWN.
DID, DID YOU WANNA SPEAK ON THE MOTION? UM, NO, I DON'T.
UH, IS THERE ANYBODY ELSE, UH, STARTING WITH MR. HAYES, WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? YEAH,
[02:00:01]
BRIEFLY.UM, OBVIOUSLY THE OWNER HAS DONE SOME THINGS TO FIX SOME THINGS, BUT THE BURDEN OF PROOF IS ON, UH, HIS ATTORNEY TO, UH, REFUTE ALL THESE CITATIONS, AND IT SHOULD HAVE ALL BEEN DONE BY THE TIME OF THE ACCORD MEETING.
SO I, I DON'T HAVE A LOT OF SYMPATHY FOR THE FACT THAT HE DIDN'T GET TO SEE THE ACTUAL PICTURES.
THE OWNERS HAVE BEEN WELL AWARE OF THESE VIOLATIONS FOR A LONG PERIOD OF TIME, SO I'M IN FAVOR OF THE MOTION.
UH, ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION, NEITHER FOR OR AGAINST, UH, MR. JEFFERSON, WE'VE LOST YOUR VIDEO.
UM, IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? I'LL GO AHEAD AND SPEAK IN FAVOR OF THE MOTION, AND I'LL TRY TO KEEP THIS BRIEF, BUT I DO WANT TO ADDRESS A COUPLE OF THINGS.
NUMBER ONE BEING THAT THE APPELLANT HAS THE BURDEN OF PROOF HERE.
UM, SO THE FACT THAT THE CITY DID OR DID NOT PROVIDE EVIDENCE OF THE CURRENT CONDITION OF THE PROPERTY IS IRRELEVANT FOR THAT REASON.
BUT ALSO TO MY MIND, IRRELEVANT, BECAUSE THE QUESTION IS, WHAT WAS THE CONDITION OF THE PROPERTY PRIOR TO THE, THE INITIAL DETERMINATION? UM, BECAUSE THE QUESTION IS RETROSPECTIVE.
WHAT HAS THE PROPERTY OWNER BEEN DOING? HAS THE PROPERTY OWNER BEEN TOLERATING THE CONDITION? UM, THE, THE CONDITIONS THAT THE CITY'S EXHIBITS DEMONSTRATE TO ME ARE ABHORRENT.
UH, AND, UH, I DON'T BELIEVE THAT THESE ARE CONDITIONS THAT COULD HAVE POSSIBLY EXISTED WITHOUT THE PROPERTY OWNER'S KNOWLEDGE AND, UH, TOLERATING.
I DON'T KNOW HOW SOMEBODY COULD LIVE IN A MOTEL FOR TWO YEARS WITHOUT THE PROPERTY OWNER KNOWING ABOUT IT.
AND WITH RESPECT TO THE ILLEGAL LAND USE, I NOTICED THAT TWO OF THE CITATIONS, UH, THAT ENDING IN 9, 9, 7 7, AND THE OTHER ONE ENDING IN 5, 3, 4 2 ACTUALLY DO INCLUDE THE ILLEGAL LAND USE.
SO THAT IS A VALID TOPIC OF, UH, DISCUSSION AND SOMETHING THAT THE PROPERTY OWNER WOULD'VE HAD TO, UM, REBUT.
UM, WHILE CERTAINLY THE PROPERTY OWNER, IT'S NOT A REQUIREMENT FOR THE PROPERTY OWNER TO APPEAR.
HE CAN CHOOSE, OR IT CAN CHOOSE TO APPEAR THROUGH, UH, LEGAL COUNSEL.
UM, BUT THE, YOU KNOW, THE REPRESENTATIVE THAT WE HAD HERE TODAY WAS, DIDN'T HAVE A LOT OF KNOWLEDGE, UH, TO BE ABLE TO REBUT THOSE PRESUMPTIONS.
AND THAT IS THE APPELLANT'S BURDEN.
SO, UH, IT'S UP TO THE APPELLANT TO, TO PROVIDE THE BOARD A WITNESS.
UH, THEY CAN ANSWER ALL OF THE BOARD'S QUESTIONS AND ACTUALLY HAS THE KNOWLEDGE OF WHAT HAS BEEN DONE AND WHEN.
AND, UH, AND THAT'S, THAT'S NOT THE CITY'S, UH, THE BURDEN IS NOT ON THE, THE CITY TO REBUT CLAIMS THAT ARE MADE, UM, BY, BY COUNSEL.
UM, THE ONLY OTHER THING THAT I HAVE TO SAY, AND THIS IS OF COURSE A GENERAL STATEMENT THAT I AM WANT TO DO, UH, WE DO HAVE AN OPEN LETTER ON THE BOARD'S WEBSITE THAT EXPLAINS THE PROCEDURES.
UH, AND, AND SOME OF THE THINGS THAT I'VE MENTIONED.
ALSO, ALL OF THE BOARD'S PRIOR HEARINGS GOING BACK AT LEAST A NUMBER OF YEARS, ARE AVAILABLE ON THE BOARD'S WEBSITE.
UH, SO ANYBODY WHO'S APPEARING BEFORE US AND HAS CONCERNS OR QUESTIONS, OR WANTS TO BE PREPARED BASED ON HOW THIS BOARD OPERATES, CERTAINLY CAN AVAIL THEMSELVES OF THE INFORMATION IN ORDER TO BE ABLE TO DO THAT.
IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? ANYBODY ELSE WHO'D LIKE TO SPEAK IN FAVOR? ALL RIGHT.
IN THAT CASE, IF THERE'S NO FURTHER DISCUSSION, WE'LL PROCEED TO THE VOTE.
AND THE MOTION IS BY MR. QUINT TO AFFIRM THE DECISION OF THE DIRECTOR OF CODE COMPLIANCE AND UPHOLD THE DETERMINATION, UH, OF THIS PROPERTY OWNED BY MANOR HOSPITALITY CORP AS A HABITUAL NUISANCE PROPERTY.
[02:05:01]
THE MOTION PASSES UNANIMOUSLY AND THE DECISION IS UPHELD.UM, BOARD MEMBERS WHO ARE NOT PRESENT IN PERSON, PLEASE MAKE SURE TO WATCH OUT IN YOUR EMAILS FOR THEIR SIGNING LINK.
AND THIS CONCLUDES TODAY'S HEARING AT 11:00 AM.