Jan 10, 2024 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS

YOUR MEETING.

AND,

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[1. CALL TO ORDER AND ROLL CALL]

[a. Consider the election of a chairperson for the Construction Board of Adjustments and Appeals]

SO IF YOU SEE ME ELBOWING HIM, I'M JUST KIND OF TELLING HIM WHAT TO DO NEXT.

SO, UM, MIKE, PLEASE, UH, IF YOU WOULD READ

[a. Consider approving the minutes of the Construction Board of Adjustment and Appeals for the meeting held on February 13, 2018.]

OKAY.

CONSIDER APPROVING THE MINUTES OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS FOR THE MEETING HELD ON FEBRUARY 13TH, 2018.

OKAY.

SO CALL FOR A MOTION IS A MOTION TO APPROVE.

UH, MOTION TO APPROVE.

DID YOU MAKE, UH, DID YOU MAKE THAT A MOTION? OH, GO AHEAD AND HIT YOUR BUTTON AGAIN, SHANE.

A MOTION TO APPROVE.

SECOND IN FAVOR.

ALL IN FAVOR? AYE.

AYE.

ANY OPPOSED? ANY OPPOSED? MOTION PASSES.

MOTION PASSES TO NOW.

UM, READ THIS APPEAL

[a. Conduct an appeal hearing and consider affirming, revising, or modifying the Chief Building Official's decision to disconnect utility service to the unsafe structures and equipment located at 2800 Garth Road, Baytown, Harris County, Texas.]

EVERYONE DESIRED TO SPEAK AT TODAY'S HEARING SHOULD HAVE SIGNED THE APPROPRIATE LIST, AS THE LIST WILL PROVIDE THE BEACON ORDER FOR THE HEARING.

EACH SPEAKER SHALL GIVE HIS OR HER NAME AND ADDRESS TO PROVIDE A PROPER RECORD OF THIS HEARING.

THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT INFORMATION.

HOWEVER, I ENCOURAGE EVERYONE TO BE AS CONCISE AS POSSIBLE.

IF YOU ARE A GROUP OF PERSONS WISHING TO ADDRESS THE BOARD ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.

IF ANY HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.

GONNA READ, OKAY.

CONDUCT AN APPEAL HEARING AND CONSIDER AFFIRMING, REVISING OR MODIFYING THE CHIEF BUILDING OFFICIAL DECISION TO DISCONNECT UTILITY SERVICE TO THE UNSAFE STRUCTURES AND EQUIPMENT LOCATED AT 2,800.

UH, GARTH ROAD, BAYTOWN, TEXAS.

SAY, UH, CALL FOR STAFF TO FRESNO.

CALL FOR STAFF.

SAY, UM, IF STAFF WOULD BE SUMMARIZE, SAY STAFF, SUMMARIZE THE ITEM.

CAN STAFF SUMMARIZE THE ITEM? GOOD MORNING BOARD MEMBERS, I APPRECIATE YOUR, UH, VOLUNTEERING FOR SERVICE TO THE COMMUNITY HERE TODAY.

MY NAME IS ZACHARY STAR.

I'M THE CHIEF BUILDING OFFICIAL FOR THE CITY OF BAYTOWN.

UM, WE ARE HERE TODAY.

YOU WANT, WANT, DO I, DO YOU JUST WANT ME TO SUMMARIZE OR YOU WANT ME TO GO AHEAD AND DO, DO THE FULL, DO THE WHOLE PRESENTATION.

OKAY.

UM, WE'RE HERE TODAY, UH, BECAUSE THE OWNER HAS DECIDED TO APPEAL MY DECISION TO DISCONNECT UTILITY SERVICE TO THIS PROPERTY.

UM, AND I'LL GIVE YOU A LITTLE HISTORY ON THIS PROPERTY.

UM, SO GIMME ONE SECOND TO GET TO MY NOTES.

THE BUILDING CODE REQUIRES THAT YOU HAVE A CERTIFICATE OF OCCUPANCY PRIOR TO OCCUPYING A BUILDING STRUCTURE PORTION THEREOF.

AND NEITHER THE TENANT NOR THE OWNER HELD A CERTIFICATE OF OCCUPANCY FOR THIS BUILDING.

UH, THEY CONTACTED US INITIALLY WANTING TO GET THE, THE ELECTRICAL UTILITY SERVICE TRANSFERRED INTO AN ACCOUNT AND THE TENANT'S NAME.

IN ORDER TO DO THAT, WE FIRST CHECKED TO ENSURE THAT THERE IS A CERTIFICATE OF OCCUPANCY.

UH, IN THIS CASE, THEY DID NOT HAVE ONE, SO WE INSTRUCTED THEM TO OBTAIN A CERTIFICATE OF OCCUPANCY.

WE WOULD DO THE NECESSARY INSPECTIONS, UM, FOR BOTH THE ELECTRICAL UTILITY AUTHORIZATION AND THE CERTIFICATE OF OCCUPANCY.

DURING THAT ONE PROCESS, UM, MAY 18TH OF 23, THEY APPLIED FOR THAT CERTIFICATE OF OCCUPANCY PERMIT.

UM, WITHIN A WEEK, CITY STAFF HAD REVIEWED AND APPROVED THEIR APPLICATION FOR THAT PERMIT AND NOTIFIED THEM OF THE APPROVAL, AND IT GAVE THEM AN INVOICE.

UM, TOOK MORE THAN TWO AND A HALF MONTHS FOR THE APPLICANT TO TO, UH, PAY THAT INVOICE SO THAT THE PERMIT COULD BE ISSUED.

AND FOLLOWING THE ISSUANCE OF THE PERMIT, IT TOOK ANOTHER MONTH AND A HALF FOR THEM TO REQUEST THEIR FIRST INSPECTION.

THAT

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UM, OUR INSPECTOR WENT OUT, CONDUCTED AN INSPECTION OF THE PORTIONS THAT WERE ACCESSIBLE AND FOUND SOME PRETTY SEVERE VIOLATIONS, BUT DID NOT HAVE ACCESS TO ALL OF THE FACILITY AT THAT TIME.

DIDN'T HAVE ACCESS TO ALL OF THE ELECTRICAL ROOMS, OUR ELECTRICAL PANELS, METERS SERVICE EQUIPMENT.

SO MADE NOTE THAT WE WOULD NEED TO COME BACK.

SO THE APPLICANT THEN REQUESTED AN, UH, BUILDING, INSPECTION AND FIRE DEPARTMENT INSPECTION FOR SEPTEMBER 27TH, TWO DAYS AFTER THE ELECTRICAL INSPECTION.

AT THAT TIME, UM, THE FIRE DEPARTMENT STAFF ARRIVED FIRST AND THEY FOUND SOME DEFICIENCIES THAT WERE OF GREAT CONCERN TO THEM.

THE FIRE ALARM SYSTEM WAS NOT WORKING.

THE FIRE SPRINKLER SYSTEM WAS NOT WORKING, UM, AND HAD NO CHOICE BUT TO IMMEDIATELY PUT THEM UNDER MANDATORY FIRE WATCH, UH, TO PROVIDE THE NECESSARY LIFE SAFETY, UH, FOR FIRE AND EGRESS.

UH, THE SAME DAY ON THE 27TH BUILDING INSPECTION STAFF WAS THERE AND WAS PROVIDED ACCESS TO SOME ADDITIONAL AREAS THAT THEY DID NOT HAVE ACCESS TO ON THE 25TH.

AGAIN, FINDING MORE PROBLEMS AS THEY WERE PROVIDED MORE ACCESS.

THEY NOTIFIED THEM ON THE 27TH THAT, HEY, EVERYTHING WE'RE LOOKING AT SO FAR IS BAD, BUT WE STILL HAVE TO SEE THE WHOLE FACILITY.

THEY MADE ARRANGEMENTS WITH THE OWNER'S REPRESENTATIVE TO BE THERE THE FOLLOWING DAY, SEPTEMBER 28TH, 2023.

UM, THE OWNER'S REPRESENTATIVE THEN PROVIDED ACCESS TO ALL THE CITY INSPECTORS TO THE ENTIRE FACILITY.

UM, AND UPON THAT INSPECTION, UM, WE FOUND SOME HAZARDS THAT I WOULD IDENTIFY AS THE WORST ELECTRICAL HAZARDS I'VE SEEN IN MY CAREER.

I'VE BEEN IN THIS BUSINESS 29 YEARS.

I'VE BEEN IN THE CITY OF BAYTOWN NINE OF THOSE YEARS.

UM, AND THERE ARE CONDITIONS ON THIS SITE THAT I'VE NEVER SEEN BEFORE.

UM, I'LL, I'LL SHOW YOU SOME PICTURES OF THOSE IN A LITTLE WHILE.

SO WE, UM, COMPILED AN INSPECTION REPORT FROM THE FIRE DEPARTMENT, PROVIDED THAT TO, UH, THE OWNER AND THE, AND THE APPLICANT THROUGH OUR ELECTRONIC PERMITTING PORTAL.

UM, WE WAITED AND WE DIDN'T GET ANY RESPONSE FROM THE NOTES WE ENTERED ON THE 25TH OR THE 27TH OR THE 28TH.

SO OCTOBER 16TH.

UM, APPROXIMATELY TWO AND A HALF WEEKS LATER, WE UPDATED AND REVISED THE, UH, INSPECTION COMMENTS FROM THE 28TH AND SENT ANOTHER NOTICE OF FAILED INSPECTION WITH UPDATED COMMENTS.

AND THEN WE WAITED.

WE WAITED ANOTHER MONTH, AND WE DIDN'T HAVE ANY COMMUNICATION FROM THE OWNER OF THE PROPERTY.

WE DIDN'T HAVE ANY ACTION.

NO CORRECTIONS WERE MADE, NO PLAN WAS GIVEN TO US.

UM, THEY, THEY DID AT ONE POINT, UM, APPLY FOR A STANDALONE ELECTRICAL PERMIT.

THAT ELECTRICAL PERMIT DID NOT INCLUDE ANY OF THE REQUIRED CONSTRUCTION DOCUMENTATION THAT'S IDENTIFIED BY THE BUILDING CODE.

SO WE DIDN'T KNOW THE FULL SCOPE, WE DIDN'T KNOW WHERE THAT WAS GOING, WHERE THAT SERVICE WAS GOING TO BE LOCATED, WORKED ON, REPAIRED, RELOCATED.

WE DIDN'T KNOW THE SERVICE AMPACITY, WE DIDN'T HAVE A LOAD, UH, ANALYSIS.

WE DIDN'T HAVE A DIAGRAM SHOWING WHAT THEY WERE GOING TO DO.

UM, IT WAS A, A BASIC APPLICATION, HEY, CAN WE DO SOME ELECTRICAL WORK? SO WE DENIED THAT ELECTRICAL PERMIT APPLICATION.

UM, THE TENANT WAS IN CONTACT WITH US A FEW TIMES DURING THAT PROCESS REQUESTING THAT WE NOT SHUT THEM DOWN AND ESSENTIALLY ALLOW THEM TO CONTINUE TO OPERATE UNTIL THEY WERE ABLE TO RELOCATE TO ANOTHER FACILITY.

UM, MR. SORRENTINO REPRESENTING THE TENANT, EMAILED US AND WAS IN CONVERSATION, VISITED CITY HALL ASKING US, YOU KNOW, FOR UPDATES AND HOW MUCH TIME WOULD THEY HAVE, COULD WE EXTEND THEM SOME MORE TIME? UM, AND, UM, SO AFTER, AFTER HIM TELLING US HE NEEDED A FINAL DECISION, AND AT MORE THAN 30 DAYS WITHOUT ANY ACTION FROM THEM, ON NOVEMBER 20TH, I SENT OFFICIAL NOTICE TO THE PROPERTY OWNER AND POSTED THAT NOTICE ON SITE OF THE UNSAFE STRUCTURE AND THE UNSAFE EQUIPMENT, AND OUTLINED THE DEFICIENCIES, THE CORRECTIVE ACTION THAT WAS NEEDED, AND THE TIMELINE FOR REPAIRS.

SO THAT NOTICE GAVE THEM UNTIL DECEMBER 8TH TO PROVIDE US WITH A, UM, COMMERCIAL

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UM, WE HELD A MEETING WITH THEM ON DECEMBER 6TH AT THEIR REQUEST, UH, HERE AT THE COMMUNITY CENTER.

IN THAT MEETING, WE DISCUSSED THE VIOLATIONS.

WE SHOWED PICTURES.

WE TALKED ABOUT SPECIFIC CORRECTIVE ACTION.

UM, DISCUSSED AS MANY OF THE COMPONENTS OF REPAIR THAT WE COULD POSSIBLY ADDRESS IN THAT MEETING, IN THAT TIMEFRAME.

UM, AN OWNER OR OWNER'S REPRESENTATIVE WAS HERE, TWO CONTRACTORS WERE HERE, AN ARCHITECT WAS HERE WITH THEM.

BUT THAT MEETING WAS ONLY TWO DAYS BEFORE THEIR DEADLINE.

UM, THE DEADLINE OF DECEMBER 8TH CAME AND PASSED.

UM, I DIDN'T CHECK, AND THAT WAS A FRIDAY.

I DIDN'T CHECK UNTIL THE FOLLOWING WEEK TO SEE IF THAT SUBMITTAL HAD BEEN PROVIDED TO US.

IT HAD NOT.

SO ON DECEMBER 12TH, UH, FOLLOWING THE INFORMATION PROVIDED IN MY NOVEMBER 20TH, UH, NOTICE TO THEM, I ISSUED THE ORDER TO THE UTILITY PROVIDERS TO DISCONNECT THE UTILITIES TO THAT PROPERTY.

UM, THE ORDER WAS SET TO BE EXECUTED 10 DAYS AFTER THE DATE OF THAT NOTICE, WHICH IS DECEMBER 22ND, AGAIN ON A FRIDAY.

UM, AND AGAIN, THE ONLY COMMUNICATION THAT WE HAD FROM THE APPLICANT DURING THIS TIME FROM THE OWNER DURING THIS TIME WERE REQUESTS FOR MORE TIME AND INCOMPLETE SUBMITTALS, NEVER GIVING US A FULL COMPREHENSIVE PACKAGE OUTLINING THE REPAIRS THEY INTENDED TO MAKE, WHERE THEY INTENDED TO MAKE THEM, HOW THEY INTENDED TO DO THEM, SCOPE AND SEQUENCE.

ALL THAT INFORMATION WAS MISSING.

UM, SO, UH, IN RESPONSE TO THE NOTICE I PROVIDED TO DISCONNECT UTILITIES ON THURSDAY, DECEMBER 21ST, WE RECEIVED, UM, AN APPLICATION FROM AN ATTORNEY REPRESENTING THE OWNER RE REQUESTING THIS HEARING TO APPEAL MY DECISION TO DISCONNECT UTILITIES.

AND, UM, HAD FURTHER CONVERSATION WITH THE CITY ATTORNEY, UM, AT, UM, DISCUSSING WHETHER OR NOT THAT APPEAL JUSTIFIED A STAY OF ACTION TO HOLD OFF THE UTILITY DISCONNECT UNTIL THE DETERMINATION IN THIS HEARING.

IT'S NOT CLEAR AS TO WHETHER OR NOT THAT IS REQUIRED OF US, BUT, UM, AS A SHOW OF GOOD FAITH AND TO ALLOW THEM DUE PROCESS, THE DECISION WE MADE WAS TO ALLOW THE HEARING BEFORE WE WENT AHEAD WITH UTILITY DISCONNECT.

UM, SO MY INTERPRETATION OF THE CODE IS THAT WHEN THERE IS AN UNSAFE CONDITION, IT IS MY RESPONSIBILITY TO NOTIFY THE OWNER.

IT IS MY RESPONSIBILITY TO ESTABLISH THE CORRECTIVE ACTION THAT IS REQUIRED.

IT'S MY RESPONSIBILITY TO ESTABLISH A TIMELINE AND MAKE SURE THAT THE REPAIRS ARE MADE OR THAT THE HAZARD IS ABATED IN SOME OTHER WAY.

AUTHORITY THAT IS GIVEN TO THE BUILDING OFFICIAL, UM, INCLUDES UTILITY DISCONNECT TO ABATE THE HAZARD IF THE OWNER HAS NOT TAKEN ACTION TO DO THAT ON THEIR OWN.

UM, SO THAT'S WHAT I DID.

I I REPORTED THE CONDITIONS, DESCRIBED WHAT WAS UNSAFE.

I SPECIFIED THE IMPROVEMENTS OR CORRECTIVE ACTION THAT WAS NEEDED TO ABATE THE UNSAFE CONDITION.

WE ALSO DISCUSSED THAT DEMOLITION WAS AN OPTION.

UM, WE DISCUSSED LIMITATIONS THAT MAY BE IMPOSED UPON THEM BECAUSE THE PROPERTY'S LOCATED IN THE FLOODPLAIN.

AGAIN, TRYING TO TO PROVIDE THEM ALL THE INFORMATION THAT WE COULD AND SO THAT WE UNDERSTAND, UM, WHAT, WHAT THE CODE DISCUSSES ABOUT THESE UNSAFE SITUATIONS.

HOW IT DEFINES IT, AND, AND WHY IT, UH, I USE THIS FOR THIS ACTION.

UM, UNSAFE IS A BUILDING STRUCTURE EQUIPMENT THAT ARE UNSANITARY OR DEFICIENT DUE TO INADEQUATE MEANS OF EGRESS.

YOU CAN'T HAVE A, YOU DON'T HAVE A CLEAR PATH TO GET OUT OF THE BUILDING.

PROPER EXIT DOORS, STAIRS, LANDINGS, THINGS LIKE THAT.

UM, INADEQUATE LIGHT AND VENTILATION, OR THAT CONSTITUTE A FIRE HAZARD AND THEN GOES INTO THE STRUCTURE.

SO I'M NOT GONNA READ THE PART ABOUT THE STRUCTURE 'CAUSE WE'RE NOT HERE TO ADDRESS THAT.

WE'RE TALKING ABOUT THE ELECTRICAL HAZARDS PRIMARILY.

UH, SECOND

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UM, BUT THESE ARE DANGEROUS, UM, TO HUMAN LIFE, TO PUBLIC WELFARE, UM, TO ANY OF THE TENANTS OR OCCUPANTS OF THIS PROPERTY.

THE ELECTRICAL SYSTEM POSES A DIRECT IMMEDIATE HAZARD.

IT ALSO POSES A DIRECT IMMEDIATE HAZARD TO THE PROPERTY ITSELF.

UM, AND THEN THERE ARE PORTIONS OF IT THAT ALSO ARE VACANT AND, UM, ARE NOT SECURED AGAINST ENTRY.

SO THE ELECTRICAL EQUIPMENT SPECIFICALLY IS UNSAFE BECAUSE OF THE FIRE HAZARD.

UM, I HAVE SOME PICTURES I'LL SHOW YOU AGAIN IN A MINUTE, THAT WILL ILLUSTRATE SOME OF THE, THESE ITEMS. THERE'S ELECTRICAL SHOCK HAZARDS BECAUSE THE EQUIPMENT IS NOT CLOSED, THE ENERGIZED COMPONENTS ARE NOT OUT OF REACH.

UM, AND THOSE CREATE FIRE HAZARD EXPLOSION, HAZARD SHOCK HAZARD.

THE PLUMBING SYSTEM IS UNSAFE, UH, BECAUSE IT'S UNSANITARY.

THE DRAIN, WASTE AND VENT SYSTEM IS NOT PROPERLY SEALED, DOESN'T HAVE THE NECESSARY TRAPS.

UM, ALSO, IT'S NOT PROPERLY ROUTED, PROTECTED, SUPPORTED.

IT'S NOT VENTED CORRECTLY.

SEWER GAS IS ALLOWED TO ENTER THE, THE BUILDING, BOTH THE OCCUPIED AND VACANT PORTIONS.

UM, THE STRUCTURE ITSELF IS UNSAFE, UH, BECAUSE IT HAS INADEQUATE MEANS OF EGRESS.

THERE ARE AREAS THAT HAVE HIGH PILED STORAGE.

UM, DISCARDED ITEMS FROM THAT FACILITY HAVE BEEN THROWN INTO ROOMS IN A, IN DISARRAY, AND THERE'S TRASH AND DEBRIS AND WATER ON FLOORS, AREAS THAT DON'T HAVE APPROPRIATE EXIT SIGNAGE AND THINGS LIKE THAT.

SO I PROVIDED THEM WITH MULTIPLE NOTIFICATIONS THROUGH OUR ELECTRONIC PERMITTING SYSTEM.

WE HAVE SENT NOTICES OF FAILED INSPECTIONS WITH COMMENTS.

UH, THE FIRE DEPARTMENT ADDITIONALLY HAS SENT NOTICE OF FAILED INSPECTION WITH COMMENTS I SENT, UH, NOTICE TO THEM ON NOVEMBER 20TH OF THE UNSAFE BUILDING AND EQUIPMENT.

AND THEN, UM, SENT THE FINAL NOTICE OF UTILITY DISCONNECT FOLLOWING THAT.

AND REPEATEDLY, THE OWNER HAS FAILED TO TAKE ACTION.

THIS BUILDING, UM, HAS BEEN ALLOWED TO JUST DETERIORATE IN PLACE FOR OVER TWO DECADES.

UH, A PORTION OF THE BUILDING DOESN'T EVEN HAVE AN EXTERIOR WALL BECAUSE A PORTION THAT WAS IN SUCH BAD REPAIR WAS DEMOLISHED.

AND WHERE IT WAS ATTACHED TO THE REMAINING BUILDINGS, THEY NEVER WENT BACK AND BUILT A WALL.

SO, UM, THERE'S BEEN A PATTERN ON THIS PROPERTY OF DEFERRED MAINTENANCE, AND AT SOME POINT IT'S GOTTA BE FIXED OR IT'S GOTTA BE REMOVED.

THAT'S WHAT THE CODE REQUIRES.

UM, SO THE CODE GRANTS ME THE AUTHORITY, UH, TO DISCONNECT UTILITY SERVICES.

AND THAT'S THE DECISION THAT WAS MADE BECAUSE THE OWNER, AGAIN, HAS REPEATEDLY FAILED TO TAKE THE NECESSARY ACTION TO MAKE THE ELECTRICAL SYSTEM SAFE.

UM, SO MY RECOMMENDATION IS THAT, UM, UH, THE STAFF'S RECOMMENDATION IS TO REAFFIRM THE INTERPRETATION AND APPLICATION OF THE BUILDING CODE, UH, AND DEEM THE STRUCTURES AND EQUIPMENT LOCATED AT 2,800 GARTH ROAD IS UNSAFE, AND THE DECISION OF THE CHIEF BUILDING OFFICIAL TO ISSUE THE UTILITY DISCONNECT ORDER.

UM, I'D LIKE TO SHOW YOU A COUPLE OF PICTURES AND HELP YOU UNDERSTAND THE NATURE OF, UH, THE CONDITIONS AT THIS SITE.

SO YOU'LL SEE A PHOTO HERE.

THIS IS THE GRASS AREA IS WHERE A BUILDING SECTION WAS REMOVED BECAUSE IT WAS IN SUCH A STATE OF DETERIORATION THAT IT WAS UNREASONABLE TO TRY TO REPAIR, UH, THAT BUILDING.

SO I THINK AROUND 2012 IT WAS DEMOLISHED.

UM, AND YOU CAN SEE WHAT REMAINS IS THIS TWO STORY BUILDING ON THE EAST SIDE OF THE PROPERTY THAT, I'M SORRY, THE WEST SIDE OF THE PROPERTY THAT DOESN'T HAVE A WALL ON ITS EAST END.

WE HAVE ON STRUCTURAL STEEL FRAMING THAT'S NOW EXPOSED TO THE ELEMENTS THAT IS INTENDED TO BE ENCLOSED INSIDE A BUILDING ENVELOPE AND PROTECTED FROM THOSE ELEMENTS.

THIS IS THE SOUTH END OF A BUILDING THAT WAS CONNECTED TO THE PART THAT WAS DEMOLISHED.

AGAIN, THERE'S NO EXTERIOR WALL HERE.

AND ALL OF THE BUILDING STRUCTURE, THE, THE JOISTS FOR THE ROOF, THE BEAMS,

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IT'S EXPOSED TO THE ELEMENTS.

AND THESE MATERIALS ARE NOT INTENDED TO BE LEFT EXPOSED.

THEY DON'T HAVE THE CORRECT TYPE OF COATING TO RESIST THAT, UM, THAT WEATHERING EXPOSURE.

THIS IS INSIDE THE BUILDING THAT DOESN'T HAVE A SOUTH WALL.

UM, YOU'VE GOT AN OPEN PIT FILLED WITH WATER AND TRASH THAT DOESN'T HAVE FALL PROTECTION.

UM, YOU KNOW, CERTAINLY A HAZARD.

AND THERE ARE NUMEROUS PLACES.

THIS IS AN EXAMPLE WHERE YOU CAN SEE PLUMBING HAS BEEN ABANDONED.

IT'S BEEN MODIFIED, UM, HOLES IN THE SLAB HAVEN'T BEEN FILLED.

YOU'VE GOT A, A RISER COMING OUT OF THE, THE SLAB THAT IS NOT CAPPED.

EVEN IF IT HAD A TRAP, THAT TRAP WOULD RUN DRY SEWER GAS WOULD BE ALLOWED TO COME THROUGH THERE INTO THE BUILDING.

UM, IT ALSO LENDS TO THE CONDITION OF RODENT HARBORING AND, UH, INFESTATION AND, AND OTHER UNSANITARY CONDITIONS THAT COME WITH THAT.

UM, I DON'T WANNA SPEND A WHOLE LOT OF TIME ON THIS SECTION OF THE BUILDING, UH, BECAUSE IT IS OPEN, IT IS VACANT, BUT IT'S AN EXAMPLE, UH, THAT HAS, YOU KNOW, DECENT LIGHTING AND, AND YOU CAN SEE SOME OF THE CONDITIONS HERE AS EXAMPLES OF WHAT IS THROUGHOUT THIS FACILITY HERE.

YOU CAN SEE THAT BECAUSE ALL OF THE FINISH OUT HAS BEEN DEMOLISHED, THERE WAS NO LIGHTING OR ELECTRICAL INSTALLATION IN THIS BUILDING.

THEY'VE COME IN AND PUT SOME TEMPORARY LIGHTING IN HERE, AND THAT ELECTRICAL INSTALLATION IS IMPROPER.

IT DOESN'T MEET THE CODE REQUIREMENTS TO USE THAT TYPE OF YELLOW CABLING EXPOSED ACROSS THEIR, UM, AND THAT INSTALLATION WAS DONE WITHOUT A PERMIT OR INSPECTION.

HERE'S ANOTHER EXAMPLE OF THAT SAME INSTALLATION WHERE WE HAVE A JUNCTION BOX IN THE CEILING.

IT'S OPEN, MISSING IT'S COVER.

SO NOW WE HAVE LIVE COMPONENTS THAT ARE EXPOSED.

THIS IS ANOTHER BUILDING, UM, ON THE WEST SIDE OF THE PROPERTY.

THIS IS WHAT WE WOULD CALL THEIR CENTRAL UTILITY PLANT.

THIS IS WHERE THE MAIN POWER COMES IN AND IS THEN DISTRIBUTED TO THE REST OF THE PROPERTY.

UM, YOU CAN SEE THE OVERALL CONDITION.

THERE'S TRASH AND DEBRIS SCATTERED ALL AROUND THE FLOOR AND DISARRAY.

IF YOU LOOK RIGHT HERE, YOU CAN SEE THAT THE WHOLE CENTER SECTION OF THIS ELECTRICAL CABINET IS DISLODGED.

IT'S OUTTA PLACE.

IT'S NOT SECURED.

UM, I'VE GOT SOME OTHER PICTURES, BUT THIS IS THE CONDITION THAT WE FOUND IT IN.

ALL THE DOORS OPEN, NOTHING CLOSED.

UM, HERE'S A, A VIEW OF THE OTHER END OF THAT SAME ELECTRICAL CABINET.

YOU CAN SEE THAT IT'S BEEN EXPOSED, UM, TO WEATHERING CONDITIONS THAT HAVE CAUSED IT TO RUST.

YOU CAN SEE THAT IT HAS EITHER BEEN VANDALIZED OR HAS BEEN, UM, YOU KNOW, SCAVENGED THROUGH FOR PARTS OR, OR DECOMMISSIONED SOME WAY OR ANOTHER.

BUT IT'S UNCLEAR TO THE LAY PERSON WHAT IS OR IS NOT ENERGIZED IN THIS CONDITION.

UM, YOU CAN SEE OVER HERE ON THIS LEFT WALL, THIS PANEL IS MISSING A COVER.

IT DID APPEAR TO BE ENERGIZED.

AGAIN, YOU CAN SEE TRASH AND DEBRIS SCATTERED AROUND.

SEE THE DOORS OPEN ON ALL OF THIS ELECTRICAL EQUIPMENT, WHICH IS ENERGIZED AND IN OPERATION.

THIS IS THE MAIN HUB OF ELECTRICITY FOR THE ENTIRE FACILITY.

THIS RIGHT HERE IS THE SCARIEST PART OF THE INSTALLATION TO ME.

THESE BARS INSIDE THIS CABINET ARE ENERGIZED.

THE DOOR ON THE CABINET IS OPEN.

THERE'S NO PHYSICAL BARRIER OF PROTECTION TO HUMANS, TO RODENTS, TO ANYONE WHO MAY BE IN THAT BUILDING WITH OR WITHOUT AUTHORIZATION TO BE IN THERE WITH OR WITHOUT KNOWLEDGE OF THE SAFETY PROTOCOLS THAT ARE NEEDED IN THIS AREA.

WITH THIS TYPE OF EQUIPMENT.

THIS, THIS ENCLOSURE SHOULD ALWAYS BE CLOSED.

IT SHOULD BE OFF LIMITS TO ANY UNAL, UNAL, UH, UNAUTHORIZED PERSONNEL.

IT SHOULD BE LABELED, UM, AS TO THE VOLTAGE, THE AMPERAGE, WHERE IT FEEDS FROM, WHERE IT FEEDS TO, AND ALL OF THOSE CONDITIONS ARE NOT MET IN THE EXTERIOR WALL.

ABOVE THAT EQUIPMENT, THERE'S A HUMAN SIZED HOLE.

THIS BUILDING IS NOT SECURED FROM UNAUTHORIZED ENTRY.

ANYONE FROM THE OUTSIDE COULD CLIMB UP THAT WALL AND COME THROUGH THAT HOLE.

IN CASE YOU CAN'T TELL, THAT'S TWO CMU BLOCKS TALL, WHICH IS 16 INCHES BY ALMOST TWO CMU BLOCKS WIDE, WHICH IS ALMO, WHICH WOULD BE 32.

SO THE HOLE'S AT LEAST 16 HIGH BY 24 WIDE, A PERSON

[00:25:01]

A PERSON CAN LOOK TO GET OUT OF THE ELEMENTS.

THEY CAN LOOK TO COME IN HERE FOR VANDALISM TO STEAL COPPER OR WHATEVER, AND INSTANTLY, UH, BE EXPOSED TO THESE UNSAFE CONDITIONS.

HERE IN THIS WALL, WE HAVE SOME PERFECT RAT CAT POSSUM AND RACCOON SIZED HOLES.

UM, ESPECIALLY WITH THE KIND OF INCLEMENT WEATHER WE'VE EXPERIENCED AND WILL BE EXPERIENCING SOON.

UM, THOSE ANIMALS ARE LOOKING FOR SHELTER.

SO OUTSIDE OF THIS WALL HAS BEEN A LOT OF VEGETATION THAT WOULD AID IN THEM CLIMBING UP THERE.

UM, EVEN IF THE VEGETATION WERE NOT THERE, THERE'S A RACK THAT SUPPORTS THE PIPING THAT YOU DO SEE GOING THROUGH THE WALL.

SO THOSE ANIMALS CAN GET IN THERE.

THAT ELECTRICAL CABINET IS WARM.

IT HUMS, IT VIBRATES AS THE POWER FLOWS THROUGH IT.

THOSE METAL COMPONENTS HEAT UP.

IT'S A PERFECT PLACE FOR THEM TO COME TO GET OUT OF THE WEATHER.

WARM UP A LITTLE BIT.

AND THEN YOU HAVE SERVICE PERSONNEL WHO ENTER THAT FACILITY FOR INSPECTION, MAINTENANCE, REPAIR, AND THEY STARTLE AN ANIMAL THAT'S INSIDE THAT ENCLOSURE.

THE ANIMAL GETS ACROSS TWO OF THOSE ENERGIZED CONDUCTORS.

IT EXPLODES.

IT'S A VIOLENT EXPLOSION, THOUSANDS OF VOLTS AND AMPS, UM, SENT IN EVERY DIRECTION AND CAN HARM THE SERVICE PERSONNEL WHO ARE IN THERE AS WELL.

AGAIN, IN THIS PICTURE, YOU CAN SEE ANOTHER ENERGIZED ELECTRICAL AND PANEL THAT IS MISSING.

ITS COVER IS NOT DEAD FRONT.

SO THERE ARE LIVE COMPONENTS EXPOSED.

UH, THE CONDUCTORS COMING OUTTA THAT PANEL ARE NOT PROPERLY ROUTED, SUPPORTED, OR PROTECTED.

THIS IS AN EXAMPLE OF THE CHILLER ON THE PROPERTY.

UM, IT HAS A STEEL FRAME THAT SITS ON TOP OF A CONCRETE FOUNDATION.

THE FRAME OF THAT CHILLER IS COMPLETELY DETERIORATED AND HAS FAILED.

HERE'S ANOTHER PICTURE OF IT.

YOU CAN SEE HOW ON TOP OF THE, UH, CONCRETE PILING THE METAL IS, IS COLLAPSED.

AND THIS PHOTO, YOU CAN SEE THAT CHILLER IS LEANING BECAUSE THE STEEL FRAME ON THAT SIDE HAS COLLAPSED.

THE BEARINGS IN THAT CHILLER ARE SCREAMING.

IT, IT'S, UM, NOT BEEN PROPERLY MAINTAINED AND IS, YOU KNOW, ULTIMATELY IT COULD FAIL.

IT COULD FALL OVER.

IT'S CONNECTED TO THE WATER SUPPLY.

IT'S CONNECTED TO THE DRAIN.

WE HAVEN'T BEEN ABLE TO IDENTIFY THE PROPER BACKFLOW PROTECTION TO PROTECT OUR MUNICIPAL WATER SUPPLY.

UM, AGAIN, YOU CAN SEE WHERE THIS, THIS BUILDING WAS BOARDED UP, BUT THAT'S BEEN COMPROMISED AND IT'S NO LONGER SECURE, MORE ENERGIZED ELECTRICAL SYSTEM THAT DOESN'T HAVE PROPER PROTECTION.

ENERGIZED COMPONENTS ARE EXPOSED.

AN EXAMPLE OF, UM, STRUCTURAL MEMBERS THAT ARE SITTING IN THE WATER.

AGAIN, BUILDINGS JUST BEING ALLOWED TO DETERIORATE IN PLACE.

UM, THIS CONDITION WHERE YOU HAVE STEEL WITH WATER AND OXYGEN CAUSES IT TO RUST AND CORRODE.

AND HERE'S A GOOD EXAMPLE.

YOU CAN SEE THAT STEEL COLUMN BASE IS JUST FALLING APART.

IT'S, THERE'S TWO SECTIONS THAT ARE SLICED OFF REALLY BAD.

THERE'S DEBRIS ALL OVER THE GROUND THAT HAS FALLEN OFF OF THAT.

UM, SO JUST DEFERRED MAINTENANCE THROUGHOUT, COMING ACROSS THE BUILDING ROOF FROM THE CENTRAL UTILITY PLANT ACROSS THE VACANT PORTION WITHOUT A SOUTH WALL AND DOWN INTO THE OCCUPIED PORTION IN THE CENTER IS THIS ELECTRICAL CONDUIT.

UM, AND YOU CAN SEE ONE OF THOSE CONDUIT RUNS HAS A JUNCTION BOX THAT PROTECTS THE CHANGE IN DIRECTION AND CLOSES THAT CONNECTION.

THE OTHER ONE DOESN'T.

THEY JUST WRAPPED IT WITH TAPE, WRAPPED IT WITH MORE TAPE, WRAPPED IT WITH MORE TAPE.

SO WE'RE ALLOWING WATER TO FILL THAT CONDUIT.

WE'RE ALLOWING EXPOSURE AND WEATHERING OF THE PROTECTIVE INSULATION OF THOSE CONDUCTORS.

UM, IT WAS NEVER A PROPER INSTALLATION IN THE FIRST PLACE.

NOT SOMETHING THAT WE WOULD'VE INSPECTED AND APPROVED.

I'M ASSUMING THAT INSTALLATION ALSO WAS UN PERMITTED FROM THAT IMPROPER CONNECTION.

IT COMES DOWN AND FEEDS THE ELECTRICAL EQUIPMENT IN THIS ROOM, THIS ROOM THAT IS SUPPOSED TO BE A MECHANICAL ROOM AND NOT USED FOR STORAGE AS BEING USED FOR STORAGE.

SO IT RESTRICTS ACCESS TO THAT SPACE FOR EMERGENCY SHUT OFF OF THOSE PANELS FOR REGULAR MAINTENANCE INSPECTION AND REPAIR AS WELL.

THIS IS IN THE FIRE PUMP ROOM.

AGAIN, YOU'VE GOT PART OF THE ELECTRICAL SYSTEM THAT HAS BEEN TAMPERED WITH.

UM,

[00:30:01]

AND THIS IS A CONDITION ASSOCIATED WITH THOSE.

UM, THIS IS IN THE VACANT TWO-STORY BUILDING ON THE EAST SIDE OF THE PROPERTY CLOSEST TO GARTH ROAD.

ALL OF THIS IS LIVE.

ALL THIS IS ENERGIZED.

YOU HAVE A TRANSFORMER SITTING ON THE FLOOR.

UH, YOU HAVE SOME UNISTRUT SUPPORTING A PIECE OF, UH, PLYWOOD THAT HOLDS, UM, A PANEL BOARD.

AND THEN TO THE RIGHT OF IT, YOU HAVE ANOTHER, ANOTHER PANEL BOARD, WHICH ISN'T MOUNTED TO ANYTHING.

IT'S NOT ON PLYWOOD, IT'S NOT ON UNISTRUT, IT'S NOT ON A WALL.

IT'S HANGING BY THE CONDUCTORS THAT ENTER AND LEAVE THAT PANEL.

YOU CAN GRAB IT AND SHAKE IT FREE IN THE AIR.

SOMEONE IS AWARE OF THIS HAZARD.

THEY'VE SPRAY PAINTED THE CONDUITS FROM THE TRANSFORMER WITH YELLOW SPRAY PAINT.

THEY'VE WRAPPED SOME CAUTION TAPE AROUND THE BOTTOM OF THAT FREE HANGING PANEL.

UM, BUT THEY DIDN'T FIX ANY OF IT.

YOU KNOW, HEY, THIS IS DANGEROUS, BUT WE DON'T CARE ENOUGH TO FIX IT.

THIS IS ANOTHER AREA OF THAT SAME BUILDING.

UM, YOU KNOW, WHAT DO YOU SAY? IT'S, IT'S BEEN HOPEFULLY DECOMMISSIONED, BUT WE DON'T KNOW.

YOU CAN SEE WIRE ON THE FLOOR.

YOU CAN SEE THE COMPONENTS ARE STRIPPED LOOSE.

THE ENCLOSURE FRONT IS MISSING.

I, I DON'T EVEN KNOW WHAT TO TELL YOU ABOUT IT BECAUSE THOSE CONDITIONS ARE SCARY ENOUGH THAT WE TRIED TO STAY FAR ENOUGH AWAY TO MAINTAIN SAFETY.

BUT CLOSE ENOUGH TO GET SOME PICTURES FOR YOU.

THIS IS ANOTHER AREA YOU CAN SEE.

WE'VE GOT LOTS OF MOISTURE IN THIS ROOM 'CAUSE WE'VE GOT SOME, YOU KNOW, ASSUMEDLY MILDEW GROWTH ON THE WALL.

BOTTOM RIGHT CORNER, YOU CAN SEE AN OPEN PLUMBING RECEPTOR THAT'S NOT PROPERLY CAPPED, ALLOWING SEWER GAS TO VENT INTO THAT SECTION OF THE BUILDING.

WE HAVE THIS ELECTRICAL PULL BOX THAT DOESN'T HAVE A COVER ON IT.

THE WIRES ARE PULLED OUT OF IT.

CONDUIT THAT IS SUPPOSED TO BE CONNECTED TO IT.

THE SMALLER OF THE TWO IS NOT CONNECTED.

UM, JUST UNSAFE ELECTRICAL CONDITIONS THROUGHOUT THIS PIECE OF EQUIPMENT IS NOT, UM, A PRIMARY CONCERN.

I DON'T KNOW WHAT THAT PIECE OF EQUIPMENT IS.

DON'T CARE.

IT COULD BE SHUT OFF.

BUT THIS SPEAKS TO THE NATURE OF THE ATTITUDE THAT THE OWNER OCCUPANT MAINTENANCE PERSONNEL HAVE TOWARDS THIS FACILITY.

YOU, YOU CAN SEE TRASH AND DEBRIS ALL OVER THE FLOOR, OBSOLETE, DISASSEMBLED EQUIPMENT OR EQUIPMENT THAT IS IN USE, BUT IN THIS STATE OF DISREPAIR.

UM, JUST JUST AN EXAMPLE OF, OF THE DEFERRED MAINTENANCE AND IMPROPER, UM, UPKEEP OF THE PROPERTY.

WE'RE ASSUMING THIS IS SUPPOSED TO BE A FIRE RATED WALL.

UH, BUT WE DON'T KNOW FOR SURE.

WE HAVE, UH, ON THE RIGHT, THERE'S A GRAY CONDUIT THAT GOES UP, HAS AN ELBOW, AND SHOULD BE CONNECTED TO THAT OTHER ONE.

IT'S NOT SEEDED IN THAT FITTING CORRECTLY.

WE'VE GOT SOME FIRE SPRINKLER PIPE THAT PENETRATES, PENETRATES THAT WALL.

UM, IT LACKS THE PROPER DRAFT STOPPING FIRE, STOPPING AROUND THAT PENETRATION.

UM, THERE'S ANOTHER, UH, ELECTRICAL CONDUIT THAT PASSES THROUGH A SMALL HOLE.

AND AGAIN, IT'S NOT PROPERLY SEALED.

YOU CAN SEE WE'VE GOT SOME ROOF LEAK, AS THE RUST INDICATES ON THAT METAL DECK.

THIS IS, UM, A CONDITION THAT IS PRESENT THROUGHOUT.

CEILINGS ARE MISSING.

CABLING IS NOT PROPERLY ROUTED OR BUNDLED OR PROTECTED.

UM, AND VERY DIFFICULT FOR ANYONE TO DIAGNOSE, UH, WHENEVER THERE'S A HAZARD, UH, OR, UM, YOU KNOW, SOMETHING DOESN'T WORK CORRECTLY AND THEY'RE TRYING TO FIND THE SOURCE OF THE PROBLEM.

ANOTHER PANEL BOARD WITH NO COVER EXPOSED, ENERGIZED COMPONENTS.

THIS IS A PANEL BOARD ON THAT BACK WALL.

AND YOU CAN SEE THAT IN FRONT OF IT WAS ANOTHER FRAMED WALL THAT WAS PREVIOUSLY COVERED WITH DRYWALL, WHICH HAS BEEN REMOVED, WHICH WOULD'VE RENDERED THAT ELECTRICAL PANEL INACCESSIBLE.

THERE COULD HAVE BEEN A FIRE IN THAT CONCEALED SPACE, WHICH IS THE CONCEALED SPACE IS PROHIBITED BY CODE.

THERE COULD HAVE BEEN A FIRE AND THAT ENCLOSURE, NOBODY COULD HAVE EVEN GOTTEN TO IT TO TURN IT OFF.

OR A DOWNSTREAM PIECE OF EQUIPMENT FED FROM THAT PANEL COULD HAVE HAD A PROBLEM.

WE COULDN'T GET HERE TO SHUT IT OFF BEFORE THERE WAS A FIRE.

AGAIN, THE OVERALL CONDITIONS, THE CEILINGS ARE REMOVED, PARTIALLY REMOVED.

YOU'VE GOT WIRING THAT LOOKS LIKE A RAT'S NEST INSTEAD OF BEING PROPERLY BUNDLED, ROUTED,

[00:35:01]

THIS IS A ROOM THAT'S USED FOR STORAGE.

UM, ANOTHER AREA WE'VE GOT THE CEILING REMOVED.

YOU CAN SEE THE ELECTRICAL WIRING IS JUST HANGING DOWN INSTEAD OF BEING PROPERLY SUPPORTED.

THIS, UH, ONE THAT HANGS DOWN THE FURTHEST FEEDS THIS LIGHT FIXTURE OVER HERE.

AGAIN, LIGHT FIXTURE'S MISSING ITS COVER, WHICH ALLOWS CONTACT WITH THE BULB SHATTER BROKEN GLASS ON PEOPLE.

THIS IS A FILE ROOM THAT IS, UM, IN USE CURRENTLY CEILING TILES REMOVED.

AND THAT ORANGE WIRE THAT YOU SEE LOOPED AROUND THERE IS AN ENERGIZED ELECTRICAL CONDUCTOR.

HERE'S ANOTHER SHOT OF IT.

UM, WIRES DON'T EVEN HAVE CAPS ON 'EM.

THEY'RE JUST BENT IN DIFFERENT DIRECTIONS HANGING FROM THE METAL CEILING GRID.

UM, JUST A, A REAL HAZARD THAT COULD GET, YOU KNOW, YOU CAN SEE THE PROXIMITY TO THE INSPECTOR'S HEAD IN THAT PICTURE.

HE COULD BUMP IT WITH HIS HEAD.

IT COULD ENERGIZE THE GRID.

NOW THE ENTIRE GRID IS ENERGIZED AND EVERYBODY COULD, COULD GET SHOCKED FROM THAT.

MORE AREAS WHERE YOU HAVE STORAGE OCCURRING IN FRONT OF AN ELECTRICAL PANEL.

AN ELECTRICAL PANEL WHICH IS NOT PROPERLY INSTALLED, NOT PROPERLY, UH, PROTECTED.

THIS IS IN THE OCCUPIED PORTION OF THE BUILDING.

UM, STORAGE MOISTURE.

YOU CAN SEE STANDING WATER ON THE GROUND.

YOU CAN SEE THE MILDEW GROWTH IN THE BUILDING IF YOU WERE IN THIS SPACE.

SURELY THIS IS A PROBLEM WITH EGRESS GETTING IN OR OUT OF HERE.

THIS IS ANOTHER STORAGE AREA IN THE OCCUPIED PART OF THE BUILDING.

UM, THERE'S SOME MORE IMPROPER WIRING THAT, THAT YELLOW WIRE THAT YOU CAN SEE IN THE CEILING.

THEY'VE GOT SOME FESTOON LIGHTING IN THERE BECAUSE ALL OF THIS AREA WAS THE, THE CEILING WAS DEMOLISHED OUT OF IT.

AND WITH IT, THE ELECTRICAL, UM, INSTALLATIONS FOR LIGHTING.

SO THEY'VE PUT SOME TEMPORARY LIGHTING IN HERE, WHICH, YOU KNOW, AGAIN, NOT PERMITTED, NOT INSPECTED, YOU CAN SEE, LOOKS LIKE THE FLOOR IS WET.

UM, AND THIS IS A WATER HEATER THAT IS OLD AND THAT'S OKAY.

UM, YOU CAN SEE RUST ALL OVER IT.

UM, THIS WAS ONE OF THE AREAS THAT WE WERE PROVIDED ACCESS TO, UM, LAST.

IT WAS NOT MADE AVAILABLE TO US EARLY ON.

UM, AND WE HAVE SOME CONCERNS ABOUT THE FITTINGS ON THIS, WHICH ARE SHOWING LOTS OF CORROSION.

UH, WE THINK THE PIPING HAS BEEN LEAKING, WHICH IS CAUSING THE RUST ON THIS PIECE OF EQUIPMENT.

UM, SO WHAT, UM, WHAT I ANTICIPATE IS THAT, I'M NOT SURE IF THAT WAS THE RIGHT BUTTON.

UM, WHAT I ANTICIPATE IS THEY'RE GONNA SAY THEY NEED MORE TIME.

AND I JUST DON'T UNDERSTAND THAT BECAUSE, UM, THE OWNER HAS TOLD US THEY'VE OWNED THIS PROPERTY FOR A COUPLE OF YEARS.

SURELY THESE CONDITIONS ARE NOT NEW.

THEY'VE HAD TIME IN THE LAST COUPLE OF YEARS, EVEN BEFORE THE PURCHASE OF THE PROPERTY TO MAKE AN ASSESSMENT, MAKE A PLAN FOR REPAIR IF THEY INTENDED TO.

UH, THEY WERE AWARE THAT THIS WAS GOING TO BE REQUIRED.

WHEN THEY APPLIED FOR THIS PERMIT IN MAY OF 23, THEY WERE AWARE THAT THIS WAS GOING TO BE A REQUIREMENT.

WHEN THEY PAID FOR THE PERMIT AND IT WAS ISSUED IN JULY OF 23, THEY WERE AWARE THAT THIS WAS A DEFICIENCY THAT WAS GOING TO NEED THEIR CORRECTIVE ACTION.

WHEN WE PERFORMED INSPECTION IN SEPTEMBER OF 23, WHEN WE PROVIDED THEM THOSE FAILED INSPECTION NOTICES AND INSPECTION REPORTS IN SEPTEMBER OF 23, THEY'RE GONNA TELL YOU THAT I ONLY GAVE THEM TWO WEEKS TO TAKE ACTION.

AND IT WAS CLOSE TO THE HOLIDAYS.

BUT WHAT THEY'RE NOT GONNA TELL YOU IS IT TOOK THEM TWO AND A HALF MONTHS TO PAY FOR THE PERMIT.

IT TOOK 'EM A MONTH AND A HALF TO SCHEDULE AN INSPECTION.

I GAVE 'EM ANO ANOTHER 30 DAYS FOLLOWING MY REVISED INSPECTION NOTIFICATION.

AND THEY STILL DIDN'T TAKE ACTION.

AND THEN, UM, INSTEAD OF ISSUING THE UTILITY DISCONNECT ORDER TO OCCUR ON THE EIGHTH, I WAITED UNTIL THE 12TH.

I DIDN'T ISSUE IT FOR THE 12TH.

I GAVE THEM ANOTHER 10 DAYS.

SO ALL THEY'VE HAD IS TIME.

THEY'VE, THEY'VE HAD TIME FOR THE LAST TWO YEARS THAT THEY'VE OWNED THE PROPERTY TO TAKE ACTION.

AND THEY HAVEN'T.

THEY'RE GONNA TELL YOU THAT

[00:40:01]

THE TIME TO PROPOSE THOSE TEMPORARY SAFEGUARDS WOULD'VE BEEN IN SEPTEMBER WHEN WE TOLD 'EM THERE WAS A PROBLEM, OR IN OCTOBER WHEN WE TOLD 'EM AGAIN THAT THERE WAS A PROBLEM.

NOT AFTER THEY GOT THE ORDER, THAT UTILITIES WERE GONNA BE DISCONNECTED FOLLOWING A PRIOR NOTICE THAT UTILITIES WERE GONNA BE DISCONNECTED.

SO, UM, WE'VE, WE'VE BEEN PATIENT, WE'VE BEEN GENEROUS, BUT I HAVE A BURDEN OF RESPONSIBILITY.

THE CODE SAYS THAT THE INTENTION IS TO PROVIDE FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY.

AND THAT HAS BEEN THE REQUIREMENT THAT HAS GUIDED ME THROUGH EVERY STEP OF MY ACTION ON THIS PROPERTY.

IT'S NOT FAIR TO THE EMPLOYEES OF THE TENANT TO GO INTO THIS BUILDING EVERY DAY AND NOT KNOW THE HAZARDS THAT SURROUND THEM.

IT'S NOT FAIR TO THE CUSTOMERS OF THIS TENANT TO GO INTO THAT BUILDING AND NOT KNOW THE HAZARDS THAT SURROUND THEM.

IT'S NOT EVEN FAIR TO THE OWNER'S REPRESENTATIVE WHO WORKS IN THAT ENVIRONMENT AND IS AWARE OF THE HAZARDS, BUT DOESN'T HAVE THE ABILITY TO TAKE THE NECESSARY CORRECTIVE ACTION AT EVERY STEP.

THEY'VE BEEN NOTIFIED, THEY'VE BEEN INFORMED AT EVERY STEP.

THEY HAVE FAILED TO TAKE ACTION.

MY UNDERSTANDING OF THE CODE IS THAT WHEN THEY FAIL TO TAKE THAT ACTION, IT IS MY RESPONSIBILITY NOT AN OPTION, MY RESPONSIBILITY TO TAKE THE NECESSARY ACTION TO ABATE THOSE HAZARDS.

THAT ACTION IS TO ORDER THE DISCONNECTION OF UTILITIES.

I'M HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.

DOES ANYBODY ON THE BOARD HAVE ANY QUESTIONS? OKAY.

IS THE APPLICANT READY TO PRESENT HIS CASE? OKAY.

THE PUBLIC HEARING IS OPEN.

IS THE APPLICANT READY TO HAVE? OKAY.

THIS IS THE TIME FOR ANYBODY TO SPEAK.

YOU SAY YOUR, YOUR CONTRACTORS ARE NOT HERE YET.

NO, THEY'RE HERE.

I JUST, I DIDN'T HAVE A CHANCE TO INFORMATION TIME.

BRING THEM UP, BRING THEM UP.

WE'LL DO THAT.

IF I MAY APPROACH, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

SURE.

GOOD MORNING.

MY NAME IS SAL MOEN.

MY ADDRESS IS 12 7 50 SOUTH KIRKWOOD, SUITE 100 IN STAFFORD, TEXAS.

UM, I, I'M HERE ON BEHALF OF META SOCIETY GROUP THAT IS THE OWNER OF THE BUILDING.

UM, TO GET STARTED, I JUST WANNA CLARIFY A COUPLE OF THINGS THAT, UH, MR. START HAS STATED TO PROVIDE, UM, SORT OF BACKGROUND FROM OUR POSITION.

THE CURRENT OWNERS PURCHASED THIS BUILDING IN JULY, 2021.

CONTRARY TO WHAT HE HAS SAID, THEY'VE HAD PLENTY OF TIME TO REVIEW THAT.

WHEN THEY BOUGHT THIS BUILDING, IT WAS SOMEWHAT UNDER A FIRE SALE.

UH, THEY DID NOT HAVE THE OPPORTUNITY TO COMPLETELY INSPECT THE BUILDING OR SEE WHAT WAS WRONG WITH IT OR ANY OF THAT.

UM, BUT WHEN THEY DID, UH, YOU KNOW, THEY HAD A PLAN, THEY WANTED TO, UM, MAKE IT BETTER, MAKE IT PROFITABLE FOR THEM AS WELL, BUT ALSO THE COMMUNITY.

UM, HAVING SAID THAT, UM, A COUPLE OF THINGS ALSO, I WANT TO CLARIFY.

MR. SCOTT HAS OR MR. START HAS, UM, INTERCHANGEABLY CHANGED APPLICANT AND TENANT AND OWNER AS TO WHO WAS INVOLVED AT THE VERY BEGINNING? UM, ONE OF THE THINGS HE MENTIONED IS HIS BUILDING HAS BEEN DILAPIDATING FOR TWO DECADES.

WE DON'T DISAGREE, BUT AGAIN, MY CLIENT HAS ONLY BEEN OWNER OF THIS BUILDING SINCE 2021, SINCE MAY, WHEN THAT FIRST, UM, APPLICATION OR CERTIFICATE OF OCCUPANCY WAS MADE BY THE TENANTS, UM, UM, THAT WAS NOT THE OWNER, THE OWNER WAS NOT INVOLVED.

AND FROM WHAT I HAS BEEN TOLD TO ME, THE OWNER REALLY GOT INVOLVED PROBABLY AROUND SEPTEMBER OR OCTOBER.

SINCE THEN, THEY HAVE MADE ATTEMPTS TO FIND THE CORRECT PROFESSIONALS TO SUBMIT APPLICATIONS FOR PERMITS.

UM, BUT GIVEN THE MISCOMMUNICATIONS AS TO WHAT WAS AVAILABLE, THEY WERE TRYING TO REMEDY THE ENTIRE SITUATION.

THAT INCLUDES, UM, DEMOLISHING THE BUILDINGS, FIXING THE ELECTRICAL ISSUES, PLUMBING ISSUES, UM, EVERYTHING AND

[00:45:01]

SINCE THEN, THEY HAVE MADE APPLICATIONS FOR PERMITS, WHICH HAVE BEEN DENIED SOME OF THESE THINGS.

IF, UH, A PARTIAL PERMIT WAS GRANTED, THEY COULD HAVE REMEDIED.

UH, THE OTHER THING I WANNA MENTION IS A LOT OF THE PICTURES THAT MR. START SHOWN, IF YOU NOTICE THERE WAS A DATE ON THEM THAT WAS BACK IN SEPTEMBER.

SINCE THEN, CERTAIN CORRECTIVE ACTIONS HAVE BEEN MADE.

ALMOST ALL OF THE DEBRIS AND TRASH THAT WAS SURROUNDING SOME OF THOSE ROOMS, UM, IN WHERE THE PICTURES SHOWED ISSUES WHERE PANEL COVERS WERE NOT, THERE HAVE BEEN CORRECTED.

PANEL COVERS HAVE BEEN, UM, PLACED IN CERTAIN AREAS.

ALL THE DEBRIS HAS BEEN CLEANED UP, THE WIRING HAS BEEN REMOVED TO MAKE THINGS EASIER AND, UM, TO BASICALLY REMEDY THE BUILDING FOR FUTURE CORRECTIVE ACTIONS.

UM, ONE OF THE THINGS MR. STARK CONTINUED TO STATE WAS THE OWNERS HAVE BEEN REPEATEDLY PROVIDED NOTICE AGAIN AND AGAIN BACK IN JULY AU AUGUST, SEPTEMBER, OCTOBER.

BUT THE THING IS, THERE WAS AN ISSUE WITH THE NOTICE.

UH, ONE OF THE ADDRESSES, WHICH NOT THE CITY'S FAULT, NOT MR. CHAR'S FAULT WAS INCORRECT.

AND THE OWNER'S REPRESENTATIVE INITIALLY WHO WAS RECEIVING THE NOTICES WAS NOT THE SAME REPRESENTATIVE WHO IS IN PLAY NOW.

AND SO THOSE NOTICES WERE GETTING TO THE OWNER A LOT LATER THAN, UH, ANTICIPATED.

IN FACT, UM, IN DECEMBER, UM, WHEN I WAS GETTING INVOLVED WITH THIS, UM, ONE OF THE NOTICES SENT IN NOVEMBER 20TH DIDN'T ACTUALLY GET THERE UNTIL, UM, CLOSE TO DECEMBER, RIGHT WHEN THE, UH, DISCONNECTION ORDER WAS BEING PUT IN PLAY.

SINCE THEN, I'VE HAD CONVERSATIONS WITH MR. START.

UH, ONE OF THE THINGS THAT HE MENTIONED WAS, I'M GONNA BRING UP THE FACT THAT HEY, WE WERE TOLD THAT HE WAS SURPRISED THAT WE DIDN'T, HE DIDN'T GET ANY SORT OF TEMPORARY CORRECTIVE ACTIONS THAT WAS NEVER COMMUNICATED TO ME PRIOR TO THAT EMAIL.

UM, AND ACCORDING TO MY CLIENTS, THEY WERE NEVER TOLD THAT THEY WERE TOLD THAT THEY NEEDED TO PRESENT AN ENTIRE PACKAGE OF ALL THE CORRECTIVE ACTIONS TO GET THE PERMITS.

THEY HAVE SINCE SUBMITTED PARTIAL PERMITS.

BUT AS YOU CAN IMAGINE, IN DECEMBER DURING THE HOLIDAYS, CHRISTMAS, NEW YEAR'S EVE, IT WAS HARD ENOUGH TO FIND CONTRACTORS, ARCHITECTS, UH, PLUMBERS, ELECTRICIANS, AND ALL THE TRADES.

EVEN.

HAVING SAID THAT, THEY WERE ABLE TO GET PEOPLE, BUT IT WAS STILL JUST AS DIFFICULT TO GET ALL THESE INDIVIDUALS TO GET THE WORK DONE.

THEY HAVE SINCE SUBMITTED AND PREPARED AND COMPLETED A SERIES OF DOCUMENTATIONS TO SUBMIT WITH THE PERMITS.

TODAY, ONE OF THE CONTRACTORS DID TELL ME THAT, UM, HE HAS THE FULL ELECTRICAL PLANS READY TO GO.

IS THAT CORRECT? AND SO, UM, AND SO, UH, WE ARE READY.

WE'RE HERE TO MAKE CORRECTIVE ACTIONS.

I DO NOT BELIEVE THE DISCONNECT ORDER IS, SHOULD BE AUTHORIZED NOW, ESPECIALLY GIVEN THE FACT THAT MAJORITY OF THE REPORT WAS BASED ON AN INSPECTION DONE IN SEPTEMBER.

IF ANYTHING, WE ARE ASKING THAT WE BE PROVIDED YES, ADDITIONAL TIME, BECAUSE GUESS WHAT? JUST AS THOUGH IT'S TAKEN THEM TWO DECADES TO CITE THIS BUILDING AS BEING A HAZARD, DESPITE THE FACT THAT IT'S BEEN HERE, DESPITE THE FACT THAT THERE'S BEEN ADDITIONAL PERMITS REQUESTED, DESPITE THE FACT THAT THERE'S BEEN ADDITIONAL SITE VISITS, IT'S GONNA TAKE TIME TO CORRECT THESE THINGS.

ONE OF THE OTHER THINGS I WANNA MENTION IS, AS PART OF THE PLANS TO CORRECT THESE ACTIONS IS DEMOLISHING SOME OF THESE BUILDINGS, WHICH WERE SHOWN IN THE PICTURES.

THOSE PICTURES SHOW BUILDINGS THAT HAVEN'T BEEN INHABITED.

AND YES, THERE WERE SOME ISSUES, BUT SOME OF THOSE THINGS HAVE BEEN CORRECTED.

THE OTHER ONES, WE NEED PERMITS TO CORRECT THEM, INCLUDING DEMOLISHING EVERYTHING.

THE BUILDING WHERE THE TENANT IS OCCUPYING.

THERE WAS VERY FEW PICTURES SHOWING THAT THAT'S A, IT'S A WHOLE NOTHER, UH, SCENE.

IT'S, IT'S NOT AS BAD AS WHAT APPEARS IN THE DEMO IN THE PARTIAL BUILDING STRUCTURES.

AND AGAIN, IF YOU LOOK AT THE ARCHITECTURAL PLANS THAT HAVE BEEN SUBMITTED, WHICH WE ARE CONTINUING TO WORK ON, THOSE BUILDINGS ARE NOT OCCUPIED, WILL BE DEMOLISHED.

THE SAFETY HAZARDS, WHICH WERE MENTIONED, THE ELECTRICAL ROOMS, UH, THE ELECTRICAL PANELS, AGAIN, THEY DO HAVE PROTECTIVE COVERING.

I'M NOT SAYING THEY ALL DO, BUT AGAINST, FOR SOME OF THOSE THINGS WE DO NEED A PERMIT.

SO WHAT WE'RE ASKING IS THAT RATHER THAN DISCONNECTING THE UTILITIES NOW, BASED ON THE PICTURES FROM SEPTEMBER, MAYBE A SECOND INSPECTION BE DONE, TAKING A LOOK AT SOME OF THE THINGS THAT HAVE BEEN REMEDIED, SEEING HOW THE ROOMS HAVE BEEN CLEARED, THE DEBRIS HAS BEEN REMOVED, THE PANELS HAVE BEEN COVERED, AND SEEING THAT A LOT OF THESE SAFETY CONCERNS HAVE BEEN ADDRESSED AND THE LANDLORD AND THE OWNER IS WORKING ON REMEDYING ALL OF THEM.

UM, I RE I JUST THIS MORNING I DID RECEIVE PICTURES SHOWING THAT UNFORTUNATELY IT WAS SENT BY EMAIL.

I DID SEND THAT TO, UM, MR. LEMON AND MR. STAR THIS MORNING SHOWING A COMPARISON OF WHAT THE PIC, WHAT THE SCENES WERE BEFORE VERSUS NOW.

UM, IF THE BOARD LIKES, I'M HAPPY

[00:50:01]

BUT IN THE END, WHAT I'M ASKING IS AT THIS POINT, GIVEN THE FACT THAT THIS, UH, UTILITY DISCONNECT ORDER WAS BASED ON AN INSPECTION DONE IN SEPTEMBER BASED ON THESE PICTURES THAT ARE REPRESENTED TO EXIST NOW, THAT IS NOT THE CASE.

AND IT WOULD NOT BE DUE.

WHAT WOULD BE DUE IS A RE-INSPECTION AND MAYBE A REEVALUATION AND YES, YES.

ADDITIONAL TIME.

'CAUSE THAT'S WHAT IS NEEDED.

THAT'S ALL.

ANY QUESTIONS? DOES ANYBODY HAVE ANY QUESTIONS? WOULD YOU GUYS LIKE THE PICTURES? CAN I EMAIL 'EM TO ANY ONE OF YOU? I, MY UNDERSTANDING IS THAT YOU SENT THOSE TO MR. START.

I DID.

SO, UM, MR. START, DO YOU HAVE THOSE PICTURES AVAILABLE? UM, SURE, I CAN GO DOWNLOAD THOSE AND BRING THEM BACK AND SHOW THEM TO YOU.

BUT I DON'T HAVE A WAY TO ACCESS MY EMAIL ON THIS COMPUTER, I DON'T THINK.

UM, I DID LOOK AT THE EMAIL BRIEFLY.

IT HAS 30 PHOTOGRAPHS ATTACHED.

29 OF THOSE PHOTOGRAPHS ARE LANDSCAPING AND HOUSEKEEPING.

ONE OF THOSE PHOTOGRAPHS SHOWS ONE PANEL THAT NOW HAS A COVER ON IT.

THOSE PHOTOGRAPHS ALSO SHOW THAT IN THE CENTRAL UTILITY PLANT, THE RAT CAT AND RACCOON SIZE HOLES ARE STILL THERE.