[2. Selection of a Chairperson for the Building and Standards Commission, in accordance with Section 3.801 of the City of DeSoto Code of Ordinances]

THE SECOND ITEM ON THE AGENDA IS TO SELECT A CHAIRPERSON FOR THE BUILDING AND STANDARDS COMMISSION, IN ACCORDANCE WITH SECTION 3.801 OF THE CITY OF DE SOTO CODE OF ORDINANCES.

AND I GUESS I'LL GO AHEAD AND READ ITEM NUMBER THREE AS WELL.

WE'LL SELECT A VICE CHAIR AS WELL. IF YOU WANT TO DO THE CHAIR FIRST WE'LL HAVE A PRESENTATION AND THEN WE CAN JUMP TO THE NEXT ITEM.

VERY GOOD. THANK YOU. ALL RIGHT. THANK YOU SO MUCH COMMISSIONERS.

THANK YOU FOR COMING IN TONIGHT. MY NAME IS AHMED AL CASEY.

I'M THE DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT.

LIKE MISS BARNETT MENTIONED GOING TO ITEM NUMBER ONE.

WE'RE GOING TO GO TO ITEM NUMBER TWO FOR ELECTION OF THE CHAIR.

WE HAVE A PRESENTATION FOR Y'ALL. LET ME PUT THAT ON THE SCREEN.

THE TEAM IS WORKING ON IT. OKAY.

CAN I GO AHEAD AND COVER THE FIRST PAGE ELECTION OF THE CHAIR PER ARTICLE NUMBER OF 3.8.

THIS IS THE BUILDING REGULATION, CHAPTER THREE OF DESOTO CODE AND 3.8 THE BUILDING IN STANDARD COMMISSION.

PER THIS ARTICLE, THE CHAIR AND VICE CHAIR ARE TO BE ELECTED BY REGULAR COMMISSION MEMBERS ONLY.

IT'S RIGHT HERE ON THE SCREEN. THE CHAIRPERSON IS SELECTED BY MAJORITY VOTES OF THE COMMISSION AND AT PROPERLY POSTED MEETING, THIS IS A PROPERLY POSTED MEETING. WE FOLLOWED THE STATE REGULATIONS AND STATE ORDINANCES.

CITY ORDINANCES. OKAY. AND THEN THIS ELECTED CHAIRPERSON WILL SERVE UNTIL THE NEXT ANNUAL SELECTION OR UNTIL ANOTHER PERSON IS SELECTED. CHAIRPERSON. DUTIES AND RESPONSIBILITIES WILL HAVE A TRAINING TONIGHT AND MR. ASSISTANT CITY ATTORNEY WILL GO OVER THESE IN DETAILS.

THIS IS JUST KIND OF TO GIVE YOU A QUICK IDEA OF THE DUTIES AND RESPONSIBILITIES OF THE CHAIRPERSON KIND OF RESPONSIBLE FOR, YOU KNOW, FOR THE SESSION, FOR THE MEETING, AND, YOU KNOW, FACILITATE FACILITATING THE PUBLIC HEARINGS ENSURE EVERYTHING IS, YOU KNOW, PART OF THE CITY ORDINANCES AND SERVE AS A PRIMARY POINT OF CONTACT BETWEEN STAFF AND THE COMMISSION ALSO PLAY A KEY LEADERSHIP ROLE IN MAINTAINING PROCEDURAL FAIRNESS, TRANSPARENCY AND PUBLIC CONFIDENCE IN THE COMMISSION'S DECISION.

THIS IS ONE OF OUR VERY IMPORTANT COMMISSIONS.

COMMISSIONERS, TONIGHT, YOU'RE GOING TO ACTUALLY MAKE DECISIONS ON BEHALF OF CITY COUNCIL AND THE RESIDENTS.

YOU KNOW, BUILDING A CENTER COMMISSION DOESN'T USUALLY DOESN'T MAKE A RECOMMENDATION, BUT ACTUALLY IT MAKES DECISIONS ON BEHALF OF CITY COUNCIL AND RESIDENTS.

OKAY. LAST SLIDE, I'M GOING TO GO AHEAD AND RECOMMEND THAT, YOU KNOW, COMMISSIONER MAKE A MOTION AND AND GO THROUGH THE PROCESS TO ELECT A CHAIR.

THANK YOU. WE DID MENTION THAT ONLY REGULAR MEMBERS OF THE BOARD CAN BE ELECTED TO A CHAIR OR VICE CHAIR POSITION FOR THE COMMITTEE. SO I'D LIKE TO MAKE A MOTION THAT WE OPEN UP NOMINATIONS FOR CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

I'LL SECOND. THANK YOU VERY MUCH. SO WITH TWO REGULAR MEMBERS HERE THIS EVENING.

CAN YOU REMIND WHO IS CHAIR AND VICE CHAIR OF THIS BOARD RIGHT NOW? I THINK I'M VICE AND BRANDON IS CHAIR. DOES ANYBODY KNOW?

[00:05:04]

WE DON'T THINK WE HAVE YOU KNOW, I THINK OUR RECORD WE DIDN'T SEE THAT.

WE HAVE A CHAIR AND VICE CHAIR FOR THIS COMMISSION.

OH OKAY. AND ONE OF THEM, TANIKA, DO YOU HAVE A PREFERENCE? NO, I WOULD ACTUALLY LIKE TO RECOMMEND THAT YOU'D BE CHAIR.

ALL RIGHT. I RECOMMEND THAT YOU BE VICE CHAIR.

ALL RIGHT. WE DO HAVE A RECOMMENDATION THAT I'M LASHONDA BURNETT.

TAKE ON THE ROLE AS CHAIR OF THE BUILDING AND STANDARDS COMMITTEE.

SHOULD I OPEN THIS UP FOR A VOTE OR. ARE THERE ANY MORE NOMINATIONS FOR CHAIR? OKAY, I'LL OPEN IT UP FOR A MOTION. THEN I'LL TAKE ON THE ROLE OF CHAIR FOR THE BUILDING AND STANDARDS COMMITTEE.

MAY I HAVE A MOTION? I'LL MAKE A MOTION SINCE THERE'S TWO OF US.

MAY I HAVE A SECOND? SECOND? OKAY. I WILL OPEN IT UP FOR A VOTE.

IS EVERYONE IN AGREEMENT? YOU WON'T HURT MY FEELINGS, BUT.

DO I HAVE A SHOW OF SIGN? SHOW OF HANDS FOR AGREEMENT.

THANK YOU ALL FOR AN AGREEMENT. THANK YOU. AND THAT WOULD BE IT.

SO THANK YOU. ALL RIGHT. SO CONGRATULATIONS, MADAM CHAIR.

APPRECIATE THAT. THANK YOU. OKAY. ALL RIGHT. SO WE WILL MOVE ON TO ITEM NUMBER THREE, THE SELECTION OF A VICE CHAIR PERSON FOR THE BUILDING AND STANDARDS COMMISSION.

[3. Selection of a Vice-Chairperson for the Building and Standards Commission in accordance with Section 3.801 of the City of DeSoto Code of Ordinances.]

IN ACCORDANCE WITH SECTION 3.801 OF THE CITY OF DESOTO, COURT OF CODE OF ORDINANCES.

DO WE HAVE A PRESENTATION FOR THAT AS WELL? WE HAVE PRETTY MUCH A SIMILAR PRESENTATION.

I'M GOING TO GO OVER THIS, YOU KNOW, REALLY QUICK.

SAME THING. CHAPTER THREE BUILDING REGULATIONS.

SUBCHAPTER EIGHT BUILDING IN STANDARD COMMISSION.

CHAIR AND VICE CHAIR TO BE ELECTED BY REGULAR MEMBERS ONLY.

VICE CHAIR IS SELECTED BY THE MAJORITY OF THE VOTE AS WELL, AND WILL HAVE TO BE BY REGULAR MEMBERS.

CHAIRPERSON. DUTIES. THE DUTIES OF THE OF THE VICE CHAIRPERSON WOULD BE THE SAME THING AS THE CHAIRPERSON, YOU KNOW, WITH ONE CONDITION. IN THE ABSENCE OF THE CHAIRPERSON.

SO THE CHAIRPERSON IS NOT HERE. THE VICE CHAIR WILL HAVE THE SAME ROLES AND RESPONSIBILITIES.

ANOTHER KEY ROLE IS SERVES AS THE SECONDARY POINT OF CONTACT.

SO A LOT OF TIMES WHEN WE HAVE JOINT MEETINGS WITH OTHER COMMISSIONERS, COMMISSIONS AND BOARDS, THE CHAIR AND VICE CHAIR WILL SHOW UP. THEN OUR RECOMMENDATION WILL BE THE SAME TO GO AHEAD AND ELECT THE VICE CHAIR FOR THE BUILDING AND STANDARD COMMISSION.

ALL RIGHT. I MAKE A RECOMMENDATION THAT WE NOMINATE COMMISSIONER DARDEN TO BE OUR VICE CHAIR OF THIS BOARD.

DO I HAVE A SECOND? OKAY. THANK YOU. ARE THERE ANY OTHER NOMINATIONS FOR THIS POSITION? ALL RIGHT, SO I'LL TAKE A VOTE FOR NOMINATING COMMISSIONER DARDEN TO THE ROLE OF VICE CHAIR.

SO ALL IN FAVOR? AND THAT WOULD BE A WRAP. CONGRATULATIONS.

THANK YOU. OKAY, SO MOVING ON. WE'VE HAD OUR TRAINING.

[C. TRAINING Training and overview of the Building and Standards Commission role, responsibilities, procedure, and protocols.]

ARE WE DOING ANY MORE TRAINING FOR ROLES. OKAY.

YES. CONGRATULATIONS AGAIN. THE TRAINING WILL BE PROVIDED BY THE MR. ASSISTANT CITY ATTORNEY MR. SMITH, AND ASK HIM TO COME TO THE PODIUM.

ALL RIGHT. GOOD EVENING. GOOD TO SEE YOU ALL AGAIN.

WE WANTED TO PROVIDE YOU ALL A QUICK LITTLE RECAP.

TRAINING OR INITIAL TRAINING, IF YOU'RE NEW. SHOULDN'T BE TOO, TOO BURDENSOME.

WE CAN PROBABLY GO THROUGH THIS PRETTY QUICKLY ONCE THEY GET THIS UP.

MAY I ASK A QUESTION ABOUT ROLLS AND CALEB? YOU CAN TELL ME IF THIS NEEDS TO WAIT, BUT SINCE WE HAVE TWO ALTERNATES THAT ARE TYPICALLY HERE, WHAT WOULD THE PROCESS BE TO MAKE THEM REGULAR MEMBERS INSTEAD OF ALTERNATES?

[00:10:01]

THEY WOULD HAVE TO BE. THOSE FULL POSITIONS WOULD HAVE TO BE VACATED AND THEN ELEVATED TO FULL BY COUNCIL.

OKAY. THANK YOU. ARE WE ABLE TO TAKE ANY QUESTIONS FROM THE AUDIENCE NOW, OR SHOULD WE WAIT FOR CITIZEN APPEARANCES? WE'LL WAIT. OKAY. JUST ONE MOMENT. ALL RIGHT.

AND Y'ALL FEEL FREE TO JUST SHOUT QUESTIONS OUT AT ME IF YOU HAVE ANY AS WE GO THROUGH THIS.

AND REMEMBER, YOU'RE ALSO ON THE ZBA. AND THIS ISN'T GOING TO COVER BOTH OF THOSE.

IT'S JUST GOING TO BE FOR BUILDING STANDARDS COMMISSION FOR TONIGHT. SO A COUPLE OF THINGS YOU ALREADY KIND OF COVERED.

I'M NOT GOING TO TALK TOO MUCH ABOUT THE CHAIRMAN.

SHE KNOWS WHAT SHE KNOWS WHAT SHE'S DOING. ONE OF THE MAIN THINGS IS TO RUN THE MEETING LIKE YOU'VE BEEN DOING REGULATE TALK.

AND THOSE THAT GOES FOR THE OTHER MEMBERS AS WELL.

JUST JUST BE AWARE OF YOU KNOW, HOW YOU'RE SPEAKING.

WE'RE NOT HERE TO BICKER AND FIGHT TO PERSONALLY ATTACK OTHER MEMBERS OR MEMBERS OF THE PUBLIC.

SO KEEP THAT IN MIND. AND JUST MAKE SURE TO TREAT ALL PERSONS SIMILARLY WHEN WE'RE UP HERE WHEN WE'RE, YOU KNOW, HEARING OUR CASES AND LISTENING TO THE CITIZENS.

SO MOST OF WHAT Y'ALL DO IS DEALS WITH PUBLIC HEARINGS.

RINGS. THESE ALLOW THE PRESENTATION OF EVIDENCE AND OPINION FROM BOTH SIDES, RIGHT.

SO THIS BOARD IS UNIQUE IN THE FACT THAT IT'S ALMOST BETTER TO THINK OF IT AS QUASI COURT.

THAT'S REALLY WHAT IT IS. YOU KNOW, EACH CASE IS GOING TO BE HEARD LIKE IT'S A COURT CASE, AND THERE WILL BE OFFICIAL ORDERS, JUST LIKE THERE WOULD IN A COURT CASE.

SO THINK OF IT LIKE THAT. THAT'S HOW IT'S FUNCTIONING.

AND Y'ALL ARE A PANEL OF JUDGES, MORE OR LESS.

REMEMBER, IN PUBLIC HEARINGS, NUMBERS DON'T ALWAYS COUNT.

A VOCAL MINORITY OFTEN FILLS A PUBLIC HEARING.

BUT JUST USE YOUR BEST JUDGMENT AND YOUR OPINION ON WHAT YOU THINK YOUR ROLE IS, WHAT YOU'RE AUTHORIZED TO DO, AND THEN PRIMARILY HOW YOU FEEL TO VOTE ON AN ITEM BASED ON EVERYTHING THAT YOU'VE HEARD AND WHAT YOUR ROLE IS.

BE CAREFUL IN ALLOWING CONVERSATIONS BETWEEN SPEAKERS AND COMMISSION MEMBERS.

THIS IS A LITTLE DIFFERENT BECAUSE THERE IS A KIND OF A QUESTION AND ANSWER PORTION BECAUSE IF WHICHEVER SIDE PRESENTS EVIDENCE, WHETHER THAT BE THE CITY, THE PROPERTY OWNER OR LIENHOLDER WILL GET INTO THAT LATER. YOU CAN ASK THEM QUESTIONS.

SO I'M MORE JUST TALKING ABOUT MAYBE THIRD PARTIES THAT ARE UNRELATED.

AND THEN WHEN WE HAVE OUR JUST MAIN CITIZEN COMMENT SECTION, IF THAT'S ON THE AGENDA SPEAKERS ARE NOT HERE TO ADDRESS THE AUDIENCE.

THEY'RE HERE TO ADDRESS YOU. SO AGAIN, THIS JUST GOES TO THE CHAIR TO KIND OF REGULATE MONITOR THE MEETING AND GUIDE THAT MEETING TO MAKE SURE IT'S CONDUCTED PROPERLY AND WITH PROPER DECORUM. REMEMBER, WHEN YOU'RE VOTING YOU ARE NOT REQUIRED TO GIVE A REASON FOR YOUR VOTE. IN FACT, IT IS NOT REALLY RECOMMENDED THAT YOU DO THAT.

IF YOU DO DECIDE TO DO THAT, MAKE SURE THE REASON THAT YOU'RE GIVING ISN'T A REASON THAT'S PROHIBITED BY LAW FOR WHY YOU VOTED.

SO THAT'S JUST KIND OF WHY IT'S A GOOD RULE OF THUMB. MAYBE IT'S NOT BEST TO GIVE YOUR REASONING.

YOU DON'T HAVE TO. YOU'RE FREE TO, BUT YOU DON'T HAVE TO.

AND THAT GOES FOR AFTER THE FACT AS WELL. YOU NEVER HAVE TO TELL ANYONE WHY YOU VOTED ONE WAY OR THE OTHER.

ALL RIGHT. EVERY REGULAR SPECIAL CALLED MEETING ANY GATHERING IN WHICH THERE'S A QUORUM OF YOU IS SUBJECT TO THE OPEN MEETINGS ACT.

UNLESS THERE'S A CLOSED MEETING AUTHORIZED BY LAW.

ESSENTIALLY, THAT MEANS AN EXECUTIVE SESSION.

I CAN'T REALLY THINK OF A REALLY GOOD REASON OR A REASON MUCH AT ALL, WHY Y'ALL WOULD EVER CONVENE IN EXECUTIVE SESSION OR HAVE A CLOSED SESSION.

BUT IF THAT EVER CAME UP. WE WOULD DEFINITELY ADDRESS THAT THEN.

BUT THAT'S THE ONLY TIME IF WE'RE IN EXECUTIVE SESSION OR CLOSED SESSION, THAT WE DO NOT HAVE TO BE OPEN TO THE PUBLIC.

SO, GOVERNING BODY THAT'S WHO'S SUBJECTED TO THE OPEN MEETINGS ACT.

YOU ARE A QUASI JUDICIAL BOARD OF THE GOVERNING BODY.

SO AS SUCH, THAT'S WHY YOU ALL ARE SUBJECT TO THE ACT.

[00:15:02]

AND THAT GOES FOR ALL THE BOARDS THAT YOU'RE ON.

SINCE YOU ALL ARE DUAL APPOINTED. JUST REMEMBER, ANY DISCUSSIONS OR DELIBERATIONS BETWEEN A QUORUM OR BETWEEN A QUORUM AND ANOTHER PERSON REGARDING ANY PUBLIC BUSINESS OR POLICY WHICH THIS BOARD OR YOUR ZBA HAS ANY AUTHORITY OR CONTROL OVER IS PROHIBITED, UNLESS THAT'S AN ADVERTISED PROPER MEETING.

SO IF THERE'S EVER A QUORUM OF YOU, MAKE SURE THAT YOU ARE NOT DISCUSSING OFFICIAL BUSINESS.

THE DEFINITION OF DELIBERATION IS RIGHT THERE.

IT'S A VERBAL EXCHANGE DURING A MEETING OR A QUORUM OR BETWEEN A QUORUM AND ANOTHER PERSON REGARDING PUBLIC BUSINESS OR POLICY.

YOU CANNOT HAVE SECRET DELIBERATIONS. SO THAT MEANS NO DELIBERATE TELEPHONE DELIBERATIONS, CONTACTING MEMBERS FOR THE PURPOSE OF DEVELOPING A CONSENSUS THAT'S KIND OF CALLED A WALKING QUORUM.

YOU'RE GOING DOWN THE LINE AND ESSENTIALLY TALKING AS A GROUP WITHOUT ACTUALLY PHYSICALLY BEING PRESENT.

IN A GROUP. SO THAT'S STILL GOING TO COUNT. AND YOU CANNOT DO THAT.

WE CANNOT USE EMAIL, TEXT MESSAGES, PHONE CALLS TO ARRIVE AT A DECISION.

AND EVEN IF YOU'RE MEETING IN LESS THAN A QUORUM FOR THE PURPOSE OF SUCH SECRET DELIBERATIONS, YOU CAN'T DO THAT EITHER. SO EVEN IF THERE'S TWO OF YOU AND THEN ONE OF THAT TWO GOES TO ANOTHER, TWO CAN'T DO THAT EITHER. ALL RIGHT. NOW, SPECIFICALLY TO THE BUILDING STANDARDS COMMISSION, THIS IS GOING TO KIND OF GO OVER WHAT Y'ALL ARE AUTHORIZED TO DO.

KIND OF THE PROCESS FOR GOING ABOUT THAT. THE BUILDING STANDARDS COMMISSION PRIMARILY DEALS WITH WHAT WE'RE HERE FOR TONIGHT, WHICH IS SUBSTANDARD STRUCTURES. YOU DO HAVE A FEW OTHER TASKS THAT YOU COULD DO AS GRANTED IN THE CITY ORDINANCES.

THAT'S THOSE REALLY ARE FEW AND FAR BETWEEN. I'LL KIND OF BRIEFLY TALK ABOUT A COUPLE OF THEM, BUT PRIMARILY WHAT YOU'RE GOING TO DO IS YOU'RE GOING TO HEAR SUBSTANDARD CASES LIKE THIS OR DANGEROUS CONDITION CASES LIKE WE ARE HERE FOR TONIGHT.

AND THAT'S PRIMARILY WHAT I'M GOING TO GO THROUGH IN THE PROCESS FOR THAT.

ALL RIGHT. SO YOU ARE CREATED PURSUANT TO THE TEXAS LOCAL GOVERNMENT CODE, CHAPTER 54.

AND YOUR YOUR GUIDELINES AND YOUR AUTHORIZATION LIE WITHIN THAT CHAPTER 54.

THIS COMMISSION IS USED TO ENFORCE AND OBTAIN COMPLIANCE ON HEALTH, SAFETY AND GENERAL PUBLIC WELFARE WELFARE REGULATIONS.

AND THAT'S USUALLY AFTER AN OPPORTUNITY TO CURE.

SO WHEN THE CITY CAN'T DO IT ON ITS OWN ADMINISTRATIVELY, OR THEY'RE NOT GETTING COMPLIANCE, OR THERE'S TOO DANGEROUS OF AN ISSUE OR SOMETHING LIKE THAT, THAT'S WHEN YOU ALL STEP IN.

SO, LIKE I SAID A MINUTE AGO, YOU KNOW, Y'ALL'S DECISIONS ARE QUASI JUDICIAL.

I MEAN, IT'S ESSENTIALLY A COURT ORDER. AND THEN THAT CAN BE APPEALED UP IN DISTRICT COURT, JUST LIKE ANY OTHER CASE COULD. ALL RIGHT. I THINK WE KIND OF WENT THROUGH THIS.

REMEMBER, THERE'S FIVE MEMBERS THERE. ARE YOU SERVE A TWO YEAR TERM? APPOINTED BY THE CITY COUNCIL. THERE ARE FOUR ALTERNATES.

THANK YOU FOR BEING HERE. AND THEN A QUORUM. ANY.

CASE TO BE HEARD BY THE COMMISSION MUST BE HEARD BY AT LEAST FOUR MEMBERS.

WHAT ARE YOUR POWERS AND FUNCTIONS? GENERALLY SPEAKING, YOU'RE HERE TO ENFORCE CODES FOR THE PRESERVATION OF PUBLIC SAFETY RELATING TO MATERIALS OR METHODS USED TO CONSTRUCT A STRUCTURE.

FIRE SAFETY OF A BUILDING OR IMPROVEMENT, DANGEROUSLY, DANGEROUSLY DAMAGED OR DETERIORATED BUILDINGS OR IMPROVEMENTS.

THAT'S USUALLY WHAT YOU'LL SEE. THAT ITEM CONDITIONS CAUSED BY THE ACCUMULATION OF REFUSE OR OTHER MATTER THAT CREATES BREEDING AND OR LIVING SPACES FOR MOSQUITOES AND OR BUILDING CODE OR THE CONDITION. USE APPEARANCE OF A PROPERTY IN THE CITY.

ALL RIGHT. MORE SPECIFICALLY, AND KIND OF THIS IS EXACTLY WHAT CHAPTER 54 SAYS.

AND THIS CODE OF ORDINANCES ON WHAT YOU ALL ARE AUTHORIZED TO DO.

CHAPTER FOUR SPECIFICALLY AUTHORIZES YOU ALL TO ORDER THE REPAIR WITHIN A FIXED PERIOD OF BUILDINGS FOUND TO BE IN VIOLATION OF A CITY ORDINANCE, DECLARE A BUILDING SUBSTANDARD IN ACCORDANCE WITH THE POWERS GRANTED IN CHAPTER 54 ORDER IN APPROPRIATE CASES, IMMEDIATE REMOVAL OF PERSONS OR PROPERTY FOUND ON PRIVATE PROPERTY.

[00:20:01]

ENTER ON PRIVATE PROPERTY TO SECURE THE REMOVAL.

IF IT IS DETERMINED THAT CONDITIONS EXIST ON THE PROPERTY THAT CONSTITUTE A VIOLATION OF AN ORDINANCE AND ORDER.

ACTION TAKEN TO BE TAKEN AS NECESSARY FOR REMEDY, ALLEVIATE OR REMOVE ANY SUBSTANDARD BUILDING FOUND TO EXIST.

SO ESSENTIALLY, Y'ALL CAN ORDER THE REMOVAL OF PEOPLE, PROPERTY, AND DESTRUCTION AND OR REPAIR OF PROPERTY.

IT'S SOME SORT OF DANGEROUS OR UNSAFE CONDITION EXISTS.

CONTINUING ON, Y'ALL CAN ISSUE ORDERS OR DIRECTIVES TO ANY PEACE OFFICER OF THE STATE TO ENFORCE AND CARRY OUT YOUR LAWFUL ORDERS AND DIRECTIVES.

AND YOU CAN DETERMINE AND ASSESS THE AMOUNT AND DURATION OF CIVIL PENALTIES.

THE MUNICIPALITY MAY RECOVER IN ACCORDANCE WITH CHAPTER 54.

IF WE DO THAT, WE MUST SHOW THAT THE DEFENDANT WAS NOTIFIED OF THE PROVISIONS BEING VIOLATED AND THAT AFTER VIOLATION, THEY FAILED TO CURE. YOU CAN ALSO ISSUE PENALTIES IN IN YOUR ORDERS AS WELL AND ASSESS THOSE LATER ON DOWN THE LINE, WHICH ARE A COUPLE OF YOUR CASES TONIGHT AS WELL.

THESE ARE SOME OF THE OTHER THINGS THAT THE CITY ORDINANCES CITY ORDINANCE ALLOWS YOU TO DO.

SO REMOVAL, DEMOLITION OF A STRUCTURE, VIOLATING THE ORDINANCE AND ORDER REPAIR BY THE PROPERTY OWNER.

YOUR LIENHOLDER OR MORTGAGEE AND SET A REASONABLE TIME TO COMPLY WITH THAT ORDER.

YOU CAN REQUIRE THE REDUCTION OF OCCUPANCY LOAD OR THE NUMBER OF TENANTS OR OCCUPANTS IN AN OVERCROWDED STRUCTURE.

YOU CAN REQUIRE THE VACATION OF A STRUCTURE THAT IS REASONABLY DANGEROUS TO THE HEALTH, HEALTH, SAFETY, OR WELFARE OF THE OCCUPANTS. OR YOU CAN REQUIRE THE DANGEROUS CORRECTION.

YOU CAN REQUIRE CORRECTION OF A DANGEROUS CONDITION ON THE LAND.

AND YOU CAN UPHOLD THE DETERMINATION OF AN ORDER OF THE APPROPRIATE ENFORCEMENT AUTHORITY OF THE CITY.

SO ESSENTIALLY, AN ADMINISTRATIVE APPEAL IN CERTAIN CASES WOULD COME TO Y'ALL.

ALL RIGHT. WHEN WE HAVE THE HEARING. RIGHT. HOW DOES THAT GO? WHAT'S THE STRUCTURE OF THAT BEFORE I MOVE ON, ANY QUESTIONS ON WHAT YOU'RE ALLOWED TO DO OR WHAT WHAT YOUR POWERS AND AUTHORITY ARE.

NO. ALL RIGHT. SO THE ITEMS WE'RE HERE FOR TONIGHT, WE HAVE FOUR HEARINGS.

THIS IS KIND OF, KIND OF GENERALLY GO THROUGH WHAT WHAT THOSE HEARINGS ENCOMPASS AND HOW WE GO THROUGH THOSE.

FIRST, HOW DOES SOMETHING EVEN MAKE IT TO Y'ALL? THERE'S A LOT OF STEPS BEFORE IT GETS HERE, RIGHT? A LOT OF A LOT THAT THE CITY IS TRYING TO DO TO REMEDY THIS WITHOUT BRINGING IT TO YOU.

SO STARTING OFF, SOMEONE IN THE CITY HAS NOTICED SOME SORT OF VIOLATION OF CITY ORDINANCE OR OTHER HEALTH CODE ITEMS. YOU KNOW, THEY'LL THEN TRY TO WORK WITH THE PROPERTY OWNER OR TENANT OR WHOEVER TO REMEDY THOSE PROBLEMS. CURE THOSE PROBLEMS, AND THEY'LL GIVE THEM TIME TO DO SO.

CITY WILL GO OUT, TRY TO VERIFY COMPLIANCE, MAYBE REACH OUT AGAIN, TRY TO WORK WITH PROPERTY OWNER RESIDENT WHATEVER TO TO COME WITH THOSE.

GIVE THEM, YOU KNOW, A NOTICE OF NONCOMPLIANCE.

IF IF THEY'RE STILL NOT IN COMPLIANCE, TRY TO WORK WITH THEM SOME MORE.

IF THAT'S IF THAT DOESN'T WORK, THEY'RE NOT GETTING ANYWHERE OR THERE'S JUST TOO MANY ISSUES OR TOO DANGEROUS MAYBE OF A STRUCTURE.

YOU KNOW, WE'LL HAVE A HEARING. SO WE'LL, WE'LL, WE'LL NOTICE THE HEARING ACCORDING TO THE CODE, AND THEN WE'LL HAVE OUR HEARING TONIGHT. Y'ALL WILL THEN ISSUE ORDERS, AND THE CITY WILL KIND OF GO THROUGH THAT PROCESS AGAIN.

WE'LL SEE IF, YOU KNOW THE ORDERS ARE COMPLIED WITH.

MAYBE WE'LL HAVE ANOTHER HEARING TO DETERMINE IF, YOU KNOW, IF Y'ALL ISSUE SOMETHING LIKE REPAIR WITHIN 30 DAYS AND THEN COME BACK FOR ANOTHER HEARING AND THEN WE'LL GO THROUGH EVERYTHING AGAIN, MAYBE THAT'S WHAT.

AND SO STAFF WILL FIGURE THAT OUT. OR THEY'LL STAFF WILL RECOGNIZE, HEY, THEY DIDN'T COMPLY WITH THE ORDERS.

MAYBE WE NEED TO HAVE ANOTHER HEARING. SOMETHING LIKE THAT.

AND THEN AGAIN, WE'RE JUST VERIFYING COMPLIANCE, MAKING SURE.

NOW, AT THIS POINT, WE'RE COMPLYING WITH YOUR ORDERS, WHICH ARE MOST LIKELY TO COMPLY WITH THE APPROPRIATE ORDINANCES.

IF ALL THAT FAILS WE MAY HAVE TO FILE AN OFFICIAL LAWSUIT IN, IN COURT TO MAYBE GET AN INJUNCTION OR SOMETHING LIKE THAT IN ORDER TO EITHER GET ON THE PROPERTY OR ORDER REPAIR OR SOMETHING LIKE THAT.

SO WE CAN KIND OF GO ABOVE YOU ALL AS WELL AND FILE AN OFFICIAL LAWSUIT.

ALL RIGHT. SO IF YOU KNOW, THE CITY HAS ASKED FOR REPAIRS OR DEMOLITION TO OCCUR AND THAT HAS

[00:25:04]

NOT COMMENCED UPON, YOU KNOW, NOTICE, NOTICE BY THE BUILDING OFFICIAL CODE SAYS THAT BUILDING OFFICIAL SHALL COMMENCE PROCEEDINGS BEFORE THE COMMISSION. WHICH IS WHICH IS WHAT WE'VE DONE AT THAT POINT.

A PUBLIC HEARING SHALL BE SCHEDULED BEFORE BEFORE YOU, EXCEPT WHERE THE BUILDING OFFICIAL HAS DETERMINED THAT THE BUILDING IS LIKELY TO IMMEDIATE, IS LIKELY TO HAVE IMMEDIATE ENDANGER TO PERSONS OR PROPERTY.

SO THERE IS KIND OF A WAY TO AVOID YOUR IF THERE'S SOMETHING EXTREMELY DANGEROUS THAT WE, YOU KNOW, CAN'T MEET THE NOTICE PROVISIONS OF THE BUILDING OFFICIAL CAN MAKE AN EMERGENCY DETERMINATION IN RARE INSTANCES.

OBVIOUSLY, THAT'S NOT WHAT HAPPENED TONIGHT BECAUSE WE ARE HERE TO HEAR CASES.

SO. BUT JUST KIND OF KEEP THAT IN MIND. BUILDING OFFICIAL CAN, IN CERTAIN CIRCUMSTANCES, ESSENTIALLY TAKE THE PLACE OF YOU.

BEFORE WE HAVE A HEARING, THAT BUILDING OFFICIAL HAS TO CONDUCT A TITLE SEARCH SO THAT WE IDENTIFY THE PROPERTY OWNER, ANY, LIEN HOLDERS MORTGAGEE, ANYTHING LIKE THAT.

ANY INTERESTED PARTY THAT HAS A STAKE IN THE PROPERTY TENANTS, IF POSSIBLE.

THE REQUIRED NOTICE IS ESSENTIALLY TEN DAYS. WE'VE GOT TO WE'VE GOT TO PUBLISH THAT NOTICE IN THE NEWSPAPER.

WE'VE GOT TO POST IT ON THE FRONT DOOR OF ANY IMPROVEMENT, IF ANY, ON THE PROPERTY.

AND WE HAVE TO EITHER HAND-DELIVER OR CERTIFY.

THAT NOTICE TO ALL THE INTERESTED PARTIES, NOT JUST ONE OF THEM.

IF WE FIND MORE THAN ONE INTERESTED PARTY. SO SAY THERE'S, YOU KNOW, THE OWNER, A TENANT AND A LIENHOLDER.

THEY'VE ALL GOT TO GET THIS NOTICE. WE CAN'T JUST PICK ONE.

WE ALSO CAN POST IN THE PROPERTY RECORDS AS WELL JUST TO KIND OF NOTIFY EVERYONE, MAYBE EVEN NOTIFY POTENTIAL BUYERS.

WE CAN DO THAT AS WELL. KIND OF GOING THROUGH THIS, REMEMBER THIS IS PART PUBLIC HEARING AND ESSENTIALLY PART COURTROOM EXAMINATION. YOU KNOW, THE COMMISSION'S GOING TO KIND OF GUIDE THAT DISCUSSION, BUT THERE'S GOING TO BE KIND OF STEP BY STEPS, GENERALLY SPEAKING. YOU KNOW, WE'LL HAVE WHAT WE'RE DOING TONIGHT WILL OPEN, YOU KNOW, OPEN THE MEETING, DO PRELIMINARY MATTERS AND THEN WE'LL WORK THROUGH EACH CASE.

SO EACH CASE WE'LL OPEN THE HEARING FOR AND USUALLY WE'LL HAVE PRESENTATION OF EVIDENCE BY BOTH SIDES.

OR IF THERE'S LIEN HOLDERS MORE THAN BOTH SIDES.

SO USUALLY ONE PARTY IS OBVIOUSLY THE CITY. THEY'RE ALWAYS PRETTY MUCH GOING TO PRESENT EVIDENCE TO YOU.

BECAUSE THAT'S THE WHOLE POINT. RIGHT. AND THEN ANY PROPERTY OWNER INTERESTED PARTY CAN ALSO PRESENT EVIDENCE TO YOU AS WELL.

ONCE THEY DO THAT, YOU CAN ASK THEM QUESTIONS IF YOU NEED MORE INFORMATION ON THE PROPERTY OR TO BETTER HELP YOU MAKE YOUR DETERMINATION AND WHAT YOUR ORDER SHOULD BE.

AND THEN YOU'LL DISCUSS, AFTER ALL THAT EVIDENCE IS PRESENTED, YOU'LL DISCUSS, YOU KNOW, IS THIS BUILDING SUBSTANDARD OR ARE WE.

DO WE NEED TO MAKE REPAIRS? ARE THEY ACTUALLY VIOLATING THE ORDINANCES? WHAT DO WE WANT? ASSESS. DO WE WANT TO GIVE THEM ANY TIME? ONCE YOU DO THAT, YOU'LL YOU'LL VOTE ON THOSE ORDERS AND YOU'LL ADOPT THOSE ORDERS UPON ADOPTION.

THE CHAIR WILL SIGN THOSE, AND THEY WILL BE, YOU KNOW, YOUR OFFICIAL ORDERS OF THE BODY, RIGHT? TYPICALLY INCLUDING TONIGHT, STAFF WILL COME WITH YOU WITH PROPOSED ORDERS.

YOU DO NOT HAVE TO INVENT THEM ALL ON YOUR ON YOUR OWN.

SO USUALLY YOU'LL HAVE A DRAFT SET OF ORDERS THAT YOU CAN GO BY BASED UPON WHAT STAFF BELIEVES SHOULD HAPPEN.

WHAT WE USUALLY DO IN THAT INSTANCE IS WE'LL READ THOSE INTO THE RECORD.

EITHER THE CHAIR CAN DO THAT OR SHE CAN DEFER TO OUR OFFICE AS WELL.

WE CAN READ THOSE INTO THE RECORD. AND IF YOU AGREE WITH WHAT THOSE ORDERS SAY Y'ALL CAN VOTE TO ADOPT THE PROPOSED ORDERS AS WELL.

SO YOU DON'T HAVE TO COMPLETELY INVENT WHAT? ALL ORDER, WHAT ALL SHOULD BE IN THE ORDER.

LITTLE OUTLINE, A LITTLE MORE IN DEPTH. WE'RE NOT GOING TO GO TOO DEEP INTO THIS.

BUT ESSENTIALLY, YOU KNOW, GO THROUGH EACH CASE.

ANY WITNESS THAT'S GOING TO COME IN, THEY DO GOT TO BE SWORN IN BEFORE THEY PRESENT EVIDENCE TO YOU.

USUALLY WE'LL KIND OF TAKE CARE OF THAT AT THE BEGINNING. WE'LL THE CHAIR WILL JUST ASK, IS THERE ANYONE WHO'S GOING TO PRESENT EVIDENCE? THEY'LL ALL JUST KIND OF BE SWORN IN TOGETHER.

AND THAT NEEDS TO HAPPEN FOR EACH CASE. EVEN IF WE HAVE ONE CASE OR FOUR CASES, IT'S GOT IF WE HAVE FOUR LIKE WE DO TONIGHT, THAT'S GOT TO HAPPEN FOUR TIMES. EVEN THOUGH THE CITY REPRESENTATIVE MAY BE THE SAME PERSON, THEY WOULD HAVE TO BE SWORN IN FOR EACH CASE BECAUSE THEY'RE ALL SEPARATE CASES.

AND, MISS BURNETT, I DO HAVE THIS SCRIPT FOR YOU.

AND OBVIOUSLY, I'M GOING TO BE SITTING UP THERE WITH YOU TO KIND OF HELP YOU THROUGH THIS PROCESS AS WELL, IF YOU NEED IT. SO I'M NOT GOING TO GO TOO FAR INTO THIS.

IT'S KIND OF WHAT I ALREADY EXPLAINED. ALL RIGHT.

[00:30:02]

WHAT IS STAFF DOING THEIR PRESENTING EVIDENCE.

WHAT THEY NEED TO DO IS THEY NEED TO IDENTIFY THE PROPERTY LOCATION THEY.

THEY NEED TO DISCUSS HOW WE GOT HERE. WHAT WAS THE PRIOR ENFORCEMENT HISTORY? THEY NEED TO PROVIDE EVIDENCE OF PRIOR NOTICE.

NOTICE OF THE HEARING. THEY NEED TO IDENTIFY SPECIFICALLY THE ISSUES THEY NEED TO, YOU KNOW, HOPEFULLY THEY HAVE A BUNCH OF PHOTOS TO SHOW YOU THE EVIDENCE, ALL THE CODE VIOLATIONS THAT THEY'RE ALLEGING.

THEN THEY NEED TO COME WITH YOU WITH A LIST OF VIOLATIONS THAT THEY ARE ALLEGING AND WHAT AND WHY THOSE NEED TO BE REPAIRED, OR WHY DOES THAT MAKE THE BUILDING SUBSTANDARD OR OR WHY IS THERE SO MANY REPAIRS? OR WHY IS THE STRUCTURE IN SUCH DISREPAIR THAT IT REQUIRES DEMOLITION? THEY NEED TO COME WITH YOU WITH THAT, SO THAT YOU CAN MAKE AN INFORMED DECISION ON WHETHER REPAIRS ARE NEEDED, OR WHETHER IT'S NOT THE SUBSTANDARD STRUCTURE OR THERE'S NO REPAIRS NEEDED, WHICH YOU ALSO CAN DO OR IF DEMOLITION IS THE APPROPRIATE SORT OF ACTION.

SO THEY NEED TO COME WITH YOU WITH ENOUGH EVIDENCE SO YOU CAN MAKE AN INFORMED DECISION. AND IF AND IF THEY DON'T ESSENTIALLY PROVE THEIR CASE, THEN YOU YOU DON'T HAVE TO ORDER WHAT THEY'RE REQUESTING.

USUALLY THEY'RE PRETTY GOOD, AND THEY COME WITH YOU WITH THE NEEDED MATERIALS.

USUALLY THEY'LL TELL YOU IF THEY'VE GOTTEN ANYWHERE WITH, EXCUSE ME, THE OWNER OR INTERESTED PARTY.

WHETHER THERE'S. WE TRY AND BEEN TRYING TO GET TO THIS NEXT STAGE, BUT WE'RE JUST NOT THERE YET.

IF YOU KNOW, THEY'VE DONE, YOU KNOW, PIECEMEAL REPAIRS.

BUT WE NEED SOMETHING A LITTLE MORE OFFICIAL, WITH A LITTLE MORE OOMPH TO KIND OF GET THEM OVER THAT EDGE.

HOPEFULLY THEY'LL DO THAT. THEY'LL GIVE YOU IF THEY'RE REQUESTING REPAIRS OR EVEN, I GUESS, DEMOLITION. THEY'LL KIND OF LET YOU KNOW WHAT'S A REASONABLE TIME THAT WE THINK WE CAN DO THIS.

AND THAT'S ALSO GOING TO BE SOMETHING THAT THE PROPERTY OWNER NEEDS TO TELL YOU AS WELL.

LIKE IF THEY SAY, YOU KNOW, THE PROPERTY OWNER COMES UP HERE, I NEED MORE TIME TO REPAIR.

THEY NEED TO GIVE YOU A TIMELINE AS WELL. AND AND THAT TIMELINE NEEDS TO BE REASONABLE.

IT REALLY CAN'T BE MORE THAN 90 DAYS. IT CAN.

BUT WE'VE GOT TO HAVE A VERY, VERY DETAILED WORK PLAN IF WE EVER GRANT MORE THAN 90 DAYS.

SO BE CAREFUL OF THAT. AND THEN LASTLY, LIKE I SAID, THE CITY WILL ASK YOU KIND OF WHAT WHAT THEIR REQUESTED RELIEF IS.

AGAIN KIND OF WENT OVER THIS. SO ALL THOSE INTERESTED PARTIES, YOU KNOW, THEY HAVE THE BURDEN OF PROOF TO SHOW SOME SORT OF SCOPE OF WORK AND HOW THEY'RE GOING TO COMPLY WITH THE CODE, HOW THEY'RE GOING TO REMEDY ALL THE, ALL THE PROBLEMS. AGAIN, LIKE I SAID, THE TIME IT WILL TAKE TO PERFORM THAT WORK.

AND THEN IF WE'RE GOING TO EXCEED 90 DAYS, THAT DETAILED, DETAILED PLAN HOPEFULLY THEY WOULD HAVE DISCUSSED THIS WITH THE BUILDING OFFICIAL AS WELL.

SO WE KIND OF HAD AN IDEA OF TWO BEFORE IF THAT'S WHAT THEY'RE GOING TO REQUEST.

ALL RIGHT. WHAT CAN YOU DO? YOU DON'T HAVE TO DO ANYTHING RIGHT.

YOU DON'T HAVE TO FIND YOU CAN FIND THAT IT'S NOT A DANGEROUS STRUCTURE, THAT NO REPAIRS ARE NEEDED.

PROBABLY PRETTY UNLIKELY THAT WE'VE GOTTEN TO THIS STAGE.

AND THEN Y'ALL ARE OF A COMPLETELY DIFFERENT OPINION. BUT IT'S POSSIBLE YOU DON'T HAVE TO FIND SOMETHING SUBSTANDARD OR ORDER REPAIRS IF IT COMES TO YOU. AND AGAIN, THIS IS A VOTE, RIGHT? SO IT'S GOING TO BE THE MAJORITY, WHICH TONIGHT WILL BE THREE.

YOU CAN ALSO GRANT, IN SMALL CASES, EXCEPTIONS TO AVOID THE IMPOSITION OF UNNECESSARY HARDSHIP.

LIKELY YOU WOULD KIND OF KNOW ABOUT THAT IF IF WE BROUGHT THAT TO YOU.

SO HERE'S A LITTLE LIST AGAIN. WE'VE KIND OF GONE OVER THIS.

WHAT YOU CAN DO ONCE YOU FIND THE STRUCTURE IN URBAN NUISANCE, YOU CAN ORDER THE DEMOLITION, YOU CAN ORDER THE REPAIR OR CORRECTION OF THE STRUCTURE AND GIVE THEM A TIME FRAME FOR DOING SO.

YOU CAN ORDER KIND OF SOME COMBINATIONS. RIGHT.

SO YOU CAN SAY REPAIR THE STRUCTURE IN 30 DAYS.

IF YOU DON'T REPAIR IT IN 30 DAYS, YOU GOT TO DESTROY IT OR THE CITY'S GOING TO DESTROY IT.

OR YOU CAN SAY LANDOWNER OR PROPERTY OWNER. YOU REPAIR IT IN 30 DAYS.

IF THEY DON'T, WE'LL GIVE ANY LIENHOLDERS ANOTHER 30 DAYS TO DO IT FOR YOU.

IF THAT'S NOT, MAYBE WE'LL DO IT. REMEDY THE SITUATION OR DEMO THE STRUCTURE.

SO YOU CAN KIND OF DO A BUNCH OF COMBINATIONS OF THINGS.

YOU CAN ALSO ASSESS CIVIL PENALTIES AS WELL IN THERE.

SO YOU CAN SAY IF YOU DON'T COMPLY WITH THESE ORDERS, THEN YOU'RE GOING TO GET $1,000 UP TO $1,000 PENALTY PER DAY.

YOU CAN ORDER THE STRUCTURE VACATED. YOU CAN ORDER THE STRUCTURE SEALED.

YOU CAN REQUIRE THAT UTILITIES BE CUT OFF IF IT'S DANGEROUS TO HAVE THEM THERE.

IF THEY'RE STILL ON, YOU CAN ORDER THE PROPERTY CLOSED UP, BOARDED UP SO IT'S SAFE.

NO ONE CAN GET IN THINGS OF THAT NATURE. TRUE.

ALL RIGHT. WHAT IS YOUR OFFICIAL ORDER? SAY, WHAT DOES IT HAVE TO HAVE IN IT?

[00:35:05]

IT'S GOING TO LOOK. I ASSUME EVERYONE'S KIND OF SEEN A COURT FILING PROBABLY BEFORE.

IN SOME CAPACITY. IT'S GOING TO LOOK LIKE THAT.

IT'S GOING TO HAVE A CASE STYLE. IT'S GOING TO HAVE THAT PROPERTY DESCRIPTION. IT'S GOING TO HAVE YOUR FINDING OF FACTS AND YOUR CONCLUSIONS OF LAW.

SO CONCLUSIONS OF LAW BEING NOTICE WAS GIVEN, WITNESSES APPEARED, THE HEARING WAS HELD.

YOU HAVE THE AUTHORITY TO RULE ON THESE ISSUES.

IT'S GOING TO HAVE A LITTLE BACKGROUND FACTS OF WHAT'S HAPPENED.

IT'S PROBABLY GOING TO ADOPT THE EVIDENCE THAT WAS PRESENTED TO YOU IN THE HEARING.

AND THEN THE NEXT SECTION IS GOING TO BE WHAT ARE YOU ORDERING? RIGHT. SO WHAT ARE THOSE ACTIONS THAT YOU'RE, YOU'RE ORDERING BEING DONE TO THAT STRUCTURE.

SO IT'S GOING TO GIVE THOSE IT'S GOING TO GIVE THE TIME PERIOD OF WHICH THOSE NEED TO OCCUR.

PENALTY IF ANY. AND THEN FOLLOW UP HEARING IF ANY.

SO YOU CAN ALSO SAY LIKE I SAID GOT 30 DAYS. LET'S SEE WHERE YOU ARE.

IN 30 DAYS. WE'LL HAVE ANOTHER HEARING AND ASSESS WHAT WE REALLY NEED TO DO AT THAT POINT.

ALL RIGHT. YOUR DECISIONS CAN BE APPEALED. THAT'S GOT TO BE DONE WITHIN 30 DAYS.

THAT APPEALS TO DISTRICT COURT. KIND OF EVERY RECORD FROM THIS BODY IN THAT HEARING WILL BE SUBMITTED TO THE COURT.

SO THEY CAN KIND OF HAVE THE RECORD OF WHAT HAPPENED.

AND THAT COURT CAN EITHER AFFIRM, REVERSE, OR EVEN REMAND BACK TO YOU.

THE CASE. SO IF THEY WERE MAN, THAT MEANS THEY'RE TELLING YOU TO READJUST SOMETHING.

IF THERE IS NO APPEAL, WHAT DO WE DO? WE'LL USUALLY FILE A CERTIFIED COPY OF THE ORDER WITH THE PROPERTY RECORDS, GET AN ABSTRACT OF JUDGMENT. SO THAT'S IN THE PROPERTY RECORDS. EVERY YOU KNOW, EVERYONE HAS NOTICE OF THAT.

WE CAN YOU KNOW, ALSO IF THERE'S PENALTIES INVOLVED.

SO WE CAN, YOU KNOW, SEEK A JUDGMENT IN COURT SO WE CAN ACTUALLY ASSESS THOSE PENALTIES OR GET, YOU KNOW, SOME SORT OF INJUNCTION. THEN WE CAN ALSO, LIKE WE'RE DOING TONIGHT, HAVE ANOTHER HEARING ON THE ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES. SO THAT'S WHAT WE'RE DOING TONIGHT.

IF YOU ALL DECIDE TO DO THAT, I MEAN ASSESS ANY PENALTIES.

THAT'S WHAT THOSE TWO CASES ARE TONIGHT. IF WE'RE GOING TO ENFORCE THOSE CIVIL PENALTIES, IT MAY REQUIRE A LAWSUIT TO KIND OF GET ESSENTIALLY A STAMP OF APPROVAL OF THOSE FEES. ALL RIGHT. BRIEFLY, ON ETHICS ETHICS IS DEFINED ANY QUESTION BEFORE. SORRY, ANY QUESTIONS ON KIND OF BUILDING STANDARDS COMMISSION? I DO HAVE A QUESTION. SO WHEN THE CITY PROVIDES THEIR PROPOSED I GUESS, ORDERS THAT WOULD LAY OUT THE RECOMMENDATIONS.

IS THAT THE LANGUAGE OF THOSE ORDERS? IS IT VISIBLE TO THE PUBLIC, OR WILL WE GET A COPY AS EACH CASE ADVANCES? USUALLY WE'LL READ THEM INTO THE RECORD SO YOU'LL HEAR THEM IF WE DECIDE THAT'S WHAT Y'ALL'S CONSENSUS IS THAT YOU KIND OF ARE FOLLOWING THOSE ORDERS.

WE'LL USUALLY READ THOSE INTO THE RECORD. SO THEN EVERYONE OUT HERE CAN HEAR THEM. AND THEN YOU MAY HAVE A COPY AS WELL.

I DON'T KNOW IF WE DO OR NOT. I DON'T KNOW IF STAFF BROUGHT A COPY FOR EVERYONE.

IS THAT ANYTHING ELSE? NO. ALL RIGHT. SO ETHICS.

ETHICS IS DEFINED AS THE PRINCIPLE OF RIGHT OR GOOD CONDUCT, A SYSTEM OF MORAL PRINCIPLES OR VALUES, AND THE STUDY OF THE GENERAL NATURE OF MORALS AND THE SPECIFIC MORAL CHOICES TO BE MADE BY THE INDIVIDUAL IN HIS RELATIONSHIP WITH OTHERS.

SO WHAT THIS REALLY DOES, WHAT WE'RE REALLY GOING TO GO OVER HERE IS IF YOU HAVE A CONFLICT OF INTEREST, WE REALLY NEED TO RECUSE OURSELVES. YOU'RE REQUIRED TO RECUSE YOURSELF, NOT TAKE A VOTE IN SOMETHING IN WHICH YOU'RE AN INTERESTED PARTY.

THAT PROBABLY ISN'T GOING TO COME UP TOO MUCH IN BUILDING STANDARDS COMMISSION, WHERE YOU DO HAVE A CONFLICT.

BUT IT COULD SO WE WANT TO ADDRESS THOSE. SO UNDER STATE LAW, A MEMBER COMMITS AN OFFENSE IF THE OFFICIAL KNOWINGLY PARTICIPATES IN A VOTE OR DECISION ON ANY MATTER INVOLVING A BUSINESS ENTITY OR REAL PROPERTY IN WHICH THE OFFICIAL HAS A SUBSTANTIAL INTEREST, AND AND WE'LL GET INTO WHAT SUBSTANTIAL INTEREST IS IN A MINUTE.

ADDITIONALLY, THE CITY'S CODE OF ETHICS STATES THAT IF A PUBLIC OFFICIAL HAS A SUBSTANTIAL INTEREST IN A MATTER PENDING BEFORE THE BODY OF WHICH THE PUBLIC OFFICIAL IS A MEMBER, THE PERSON MUST, BEFORE A VOTE OR DECISION ON SUCH MATTER, FILE AN AFFIDAVIT ON THE FORM PROVIDED BY THE CITY, DISCLOSING THE INTEREST, AND ABSTAIN FROM FURTHER PARTICIPATION IN SUCH MATTER.

THIS PROBABLY ISN'T GOING TO APPLY TO YOU ALL.

AND YOU CANNOT HAVE AN INTEREST IN ANY CONTRACT WITH THE CITY.

THAT'S PROBABLY NOT GOING TO COME UP WITH Y'ALL.

WHERE THE CITY WOULD CONTRACT WITH YOU TO DO SOMETHING RELATED TO WHAT YOUR DUTIES ARE.

[00:40:07]

ALL RIGHT. SO WHAT IS SUBSTANTIAL INTEREST? SO FIRST, A PERSON HAS A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY.

IF YOU OWN 10% OR MORE OF THE VOTING STOCK OR SHARES OR OWNS EITHER 10% OR MORE, OR $15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY. SO IT GIVES YOU A LITTLE BASELINE FOR, YOU KNOW, PUBLIC COMPANIES OR AND THEN JUST KIND OF REGULAR COMPANIES WHERE IT MAY JUST BE AN OWNERSHIP PERCENTAGE OR VALUE. OR IF THE FUNDS RECEIVED BY THE PERSON FROM THE BUSINESS ENTITY EXCEED 10% OF THAT PERSON'S GROSS INCOME FOR THE PREVIOUS YEAR. SO IF YOU ESSENTIALLY WORK FOR THE COMPANY AND JUST AN EMPLOYEE.

MOST LIKELY YOU KNOW THAT IF THAT'S YOUR MAIN JOB, YOU'RE GOING TO NEED THAT BECAUSE IT'S GOING TO LIKELY BE 10% OF YOUR INCOME.

SO YOU HAVE A SUBSTANTIAL INTEREST IN REAL PROPERTY.

IF THE INTEREST ISN'T EQUITABLE OR LEGAL OWNERSHIP WITH THE FAIR MARKET VALUE OF $2,500 OR MORE.

SO, YOU KNOW, THAT'S FOR REAL PROPERTY. THAT'S NOT A HUGE NUMBER.

SO A VERY SMALL OWNERSHIP WILL EVEN PUT YOU OVER THAT LEVEL MOST LIKELY.

IN ADDITION, YOU'RE ALSO CONSIDERED TO HAVE A SUBSTANTIAL INTEREST.

ALL RIGHT. THAT'S IT. ANY QUESTIONS? NOPE. PERFECT.

ALL RIGHT. THANK Y'ALL. THANK YOU, MR. SMITH.

THAT WAS A GREAT OVERVIEW. THANK YOU. ALL RIGHT, NEXT UP WE HAVE.

I'M SORRY, MADAM CHAIR. IF I CAN HAVE A QUICK COMMENT, IF YOU DON'T MIND.

SO I KNOW THAT A NEW COMMISSIONER IS ACTUALLY HERE, MISS MICHELLE EDWARDS.

JOHNSON, SHE'S A NEW COMMISSIONER RECENTLY APPOINTED BY THE CITY COUNCIL.

I KNOW MR. SMITH WAS KIND OF BUSY GIVING THE TRAINING, SO I WENT AHEAD AND TALKED TO THE CITY ATTORNEY, AND HE RECOMMENDED THAT WE VISIT ITEM NUMBER ONE, AND WE SWORE IN THE NEW COMMISSIONERS IF THAT'S OKAY WITH Y'ALL.

FANTASTIC. THANK YOU. AND THEN IF THAT'S THE CASE, I'M GOING TO ASK COMMISSIONER JOHNSON TO COME TO THE PODIUM AND MISS CAMBRIA JORDAN, SHE'S OUR PLANNING AND ZONING MANAGER. SHE'S A REGISTERED VOTER, AND SHE'S GOING TO DO SHE'S GOING TO ADMINISTER THE OATH OF OFFICE.

GOOD AFTERNOON. COULD YOU RAISE YOUR RIGHT HAND FOR ME? REPEAT AFTER ME. SURE. IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I STATE YOUR NAME.

I, MICHELLE EDWARD JOHNSON. REPEAT IN THE NAME OF I'VE.

IN THE NAME. AND BY THE AUTHORITY OF THE STATE OF TEXAS, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, MICHELLE EDWARDS JOHNSON, DO SOLEMNLY SWEAR OR AFFIRM.

DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF.

THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE BUILDING STANDARDS COMMISSION OF THE STATE OF TEXAS, OF THE STATE OF TEXAS, AND WILL DO AND WILL TO TO THE BEST OF MY ABILITY, PRESERVE AND WILL TO THE BEST OF MY ABILITY.

PRESERVE, PROTECT AND DEFEND, PROTECT AND DEFEND THE CONSTITUTION AND LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES, OF THIS STATE, OF THE UNITED STATES, OF THIS STATE.

SO HELP ME GOD. SO HELP ME GOD. ALL RIGHT. THANK YOU.

WRITE YOUR NAME HERE AND YOU CAN PRINT HERE.

IS IT WORKING? THANK YOU SO MUCH. THANK YOU AND WELCOME.

FANTASTIC. THANK YOU. OKAY. WE WILL RESUME WITH OUR AGENDA FOR THIS EVENING.

[D. CITIZEN APPEARANCES The Building and Standards Commission invites citizens to address the Commissioners on any topic not already scheduled for Public Hearing. Citizens wishing to speak should complete a "Citizen Comment Card" and return it to the table prior to the meeting. In accordance with the Texas Open Meetings Act, the Building and Standards Commission cannot take action on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Anyone desiring to speak on an item scheduled for a Public Hearing is requested to hold their comments until the Public Hearing on that item.]

WE WILL BE MOVING NOW INTO CITIZEN APPEARANCES.

AS YOU ALL JUST HEARD FROM MR. SMITH, WE WILL NOT TAKE PUBLIC COMMENTS DURING THE HEARINGS.

BUT IF YOU HAVE SOMETHING FOR US, NOW WOULD BE A FANTASTIC TIME TO APPROACH THE PODIUM.

YOU WOULD NEED A COMMENT CARD. SO FOR CITIZEN APPEARANCES, THE BUILDING AND STANDARDS COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSIONERS ON ANY

[00:45:07]

TOPIC NOT ALREADY SCHEDULED FOR PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN COMMENT CARD AND RETURN IT TO THE TABLE PRIOR TO THE MEETING.

IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE BUILDING AND STANDARDS COMMISSION CANNOT TAKE ACTION ON ITEMS NOT LISTED ON THE AGENDA. HOWEVER, YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF PLACED ON A FUTURE AGENDA OR RESPONDED TO BY SOME OTHER COURSE.

ANYONE DESIRING TO SPEAK ON AN ITEM SCHEDULED FOR THE PUBLIC HEARING IS REQUESTED TO HOLD THEIR COMMENTS UNTIL THE PUBLIC HEARING ON THAT ITEM.

I DO HAVE TWO CARDS FOR TONIGHT. MR. FLOYD BRISCOE.

DID YOU WISH TO APPROACH THE PODIUM? OKAY. OKAY. MAY I ASK JUST BECAUSE THE AGENDA ITEM IS NOT LISTED, IS THIS IN REFERENCE TO SOMETHING THAT IS ON THE AGENDA FOR TONIGHT? YES. SO THAT WILL OCCUR DURING THE CASE. THIS IS FOR ITEMS NOT ON THE AGENDA.

IF ANYONE WISHES TO SPEAK ABOUT AN ITEM NOT ON THE AGENDA, THAT'S WHAT THIS SECTION IS FOR.

WE WILL CALL YOU WHAT ADDRESS OR CASE? CANYON RIDGE.

OKAY, SORRY ABOUT THAT. WE WILL CALL YOU UP DURING THAT TIME.

THANK YOU. SO BOTH OF MY COMMENT CARDS ARE IN REFERENCE TO CANYON RIDGE.

IS THERE ANYONE THAT WOULD LIKE TO HAVE A COMMENT TONIGHT FOR SOMETHING THAT'S NOT LISTED ON THE AGENDA? OKAY. WE WILL NOW MOVE INTO THE PUBLIC HEARING.

AND IT IS. I DON'T HAVE MY CLOCK ON ME. SOMEONE GIVE ME A TIME.

THANK YOU. IT IS 650, AND WE'RE GOING TO OPEN THE PUBLIC HEARING WITH OUR FIRST AGENDA ITEM,

[1. Conduct a public hearing to receive testimony and evidence on a substandard property/structure located at 1124 Canyon Ridge Dr., DeSoto, Texas, and discussion and consideration on the adoption of an order pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]

WHICH IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE ON A SUBSTANDARD PROPERTY STRUCTURE LOCATED AT 11 TWO FOUR CANYON RIDGE DRIVE IN DESOTO, TEXAS. AND DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER PURSUANT TO THE COMMISSIONER'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DE SOTO.

CODE OF ORDINANCES. WE DO HAVE A PRESENTATION FROM STAFF.

DO WE HAVE ANYONE ELSE WHO WILL BE A WITNESS OR TESTIFY IN THIS CASE FOR TONIGHT? IF SO, I WILL NEED TO SWEAR YOU IN. OKAY. WOULD YOU PLEASE APPROACH AS WELL? THANK YOU. ARE YOU TESTIFYING ON BEHALF OF THE THE CITY OR THE RESIDENTS? OKAY. THANK YOU SIR. OKAY, SO I'M GOING TO GO AHEAD AND SWEAR BOTH OF YOU IN IF YOU WILL INTRODUCE YOURSELF AND WHO YOU'RE TESTIFYING ON BEHALF OF.

AGAIN, MY NAME IS AHMAD AL CASEY. I'M THE DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT TESTIFYING ON BEHALF OF THE CITY OF DE SOTO.

THANK YOU, SIR JAMES MARTIN. I'M TESTIFYING ON BEHALF OF MY PARENTS, I GUESS.

YES, SIR. THANK YOU FOR CANYON RIDGE. CORRECT.

THANK YOU SIR. WILL YOU BOTH RAISE EACH OF YOUR RIGHT HANDS, PLEASE? DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO? YES. THANK YOU SO MUCH. ALL RIGHT, SO FIRST UP ON THIS, WE'LL HAVE A CITY STAFF PRESENTATION CASE TO THE BOARD.

AND THEN, SIR, MAY I HAVE YOUR LAST NAME AGAIN? MR. MARTIN, WE'LL CALL YOU UP AS SOON AS THE PRESENTATION IS OVER.

THANK YOU SO MUCH. THANK YOU, MADAM CHAIR. AGAIN.

I'M CASEY, DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT.

TONIGHT WE HAVE OUR FIRST CASE OF THE 1124 CANYON RIDGE.

OKAY. PUBLIC HEARING PURPOSE. JUST FINDINGS REGARDING THE SUBSTANDARD CONDITION AT 1124 CANYON RIDGE AND CONDUCT A PUBLIC HEARING AUTHORITY UNDER CHAPTER THREE, BUILDING REGULATIONS ARTICLE EIGHT COMMISSIONERS OR COMMISSIONERS. ROLE. DETERMINE IF THIS DETERMINANT OF THIS STRUCTURE VIOLATES THE BUILDING CODES AND DECIDES CORRECTIVE ACTIONS.

PROPERTY OWNER INFORMATION THAT'S A PROPERTY ADDRESS THAT YOU SEE ON THE SCREEN, ALONG WITH THE LEGAL DESCRIPTION AND THE PROPERTY OWNER.

INSPECTION VIOLATIONS. OVERVIEW. THE TEAM HAS INSPECTED THE BUILDING ON AUGUST 15TH, MYSELF INCLUDED.

[00:50:01]

THE FINDINGS WERE THAT THIS STRUCTURE DEEMED DANGEROUS, SUBSTANDARD UNDER THE CITY CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2021 EDITION THAT WAS ADOPTED BY THE CITY COUNCIL UNDER CHAPTER THREE AND THEN VIOLATIONS OBSERVED.

HOUSE WAS SEVERELY BURNED DURING A CATASTROPHIC FIRE.

DAMAGE HAPPENED ON DECEMBER 17TH, 2024. THE STRUCTURE IS A PUBLIC SAFETY HAZARD.

OKAY, YOU CAN SEE SOME PICTURES THERE OF THE THE CURRENT CONDITION OF THE HOUSE.

YOU CAN SEE THE SUBSTANTIAL DAMAGE, FIRE DAMAGE THAT HAPPENED TO THIS PROPERTY.

HERE YOU CAN SEE MORE PICTURES. SO, YOU KNOW, WE LOST A ROOF AND AND A LOT OF THE STRUCTURAL ELEMENTS.

THOSE PICTURES WERE TAKEN ON AUGUST 15TH, 2025.

VIOLATIONS. REFERENCES. WE HAVE CHAPTER THREE OF THE CITY CODE, AND WE ALSO HAVE THE INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 111.1.1, WHICH IS THE UNSAFE STRUCTURES. OKAY.

SUMMARY OF THE KEY CODE VIOLATIONS. IF YOU LOOK AT THE IPMC UNDER SECTION 111.1.3, THERE'S THE UNFIT FOR HUMAN OCCUPANCY. YOU CAN OBVIOUSLY SEE FROM THE PICTURES THAT, YOU KNOW THIS STRUCTURE IS STRUCTURES UNOCCUPIABLE AND JUST DUE TO THE EXTENSIVE OR SUBSTANTIAL FIRE DAMAGE THAT HAPPENED.

AND THEN UNDER THE OTHER CODE SECTION, THERE'S THE UNSAFE MEANS OF EGRESS AND AND STRUCTURAL INSTABILITY.

OBVIOUSLY, THEY LOST A LOT OF STRUCTURAL ELEMENTS.

SO THERE IS A RISK FOR COLLAPSE. SAME THING WITH INSUFFICIENT STRUCTURAL STRENGTH AND DETERIORATED FOUNDATION. AND THEN SUPPORT. YOU KNOW, GOING BACK TO THE PICTURES, YOU CAN SEE LIKE A LOT OF THE SPARS WAS ACTUALLY BURNED AND DAMAGED.

SO THERE'S A BIG POTENTIAL RISK FOR COLLAPSE.

ANOTHER SECTION CODE UNSAFE FOR OCCUPANCY. AND THEN, YOU KNOW, UNSECURED.

IT'S THE PROPERTY IS NOT SECURED. THERE'S ALSO, YOU KNOW, A BIG CONCERN WITH PUBLIC NUISANCE OR HAZARD.

WE HAVE AN EXHIBIT A IN THE ATTACHMENTS THAT GIVES YOU THE FULL DETAILS ABOUT THE VIOLATIONS.

DOCUMENTED COMPLIANCE TIMELINE BY STAFF. FIRE HAPPENED ON DECEMBER 17TH, 2024.

IN APRIL 14TH OF THE 2025 NOTICE OF. WE SENT A NOTICE OF VIOLATION TO THE OWNER.

ON JUNE 20TH, 2025, WE FINALLY SENT A FINAL NOTICE OF VIOLATIONS AGAIN TO THE OWNER, AND THEN WE DID THE INSPECTION ON AUGUST 15TH TO CONFIRM, YOU KNOW, THE CURRENT CONDITION EXISTS.

AND ALSO WE SEND A PUBLIC NOTICE FOR PUBLIC HEARING.

WE MAILED THAT TO THE OWNER. WE HAVE THAT DOCUMENTED UNDER THE ATTACHMENTS AS WELL.

THAT HAPPENED ON OCTOBER 21ST. WE WENT ON OCTOBER 23RD AND WE POST THE WE POSTED THE PUBLIC NOTICE ON THE PROPERTY AS WELL.

AND THEN ON OCTOBER 24TH, WE ADVERTISED IN THE NEWSPAPER.

CURRENT STATUS NO CORRECTION ACTION TAKEN BY THE OWNER OR THE OWNER.

REP RISK OF INACTION. THERE IS A RISK OF INACTION.

IF YOU KNOW THE COMMISSION DOESN'T ACT ON THIS CASE, WHICH WOULD BE, YOU KNOW, RISK OF COLLAPSE OR INJURY.

AND THEN OBVIOUSLY THIS IS THIS CAN ATTRACT VANDALISM, ILLEGAL ACTIVITIES AND VERMIN AS WELL. NEGATIVE IMPACT ON THE NEIGHBORHOOD.

WE TALKED WITH A LOT OF RESIDENTS AND THEY'RE VERY CONCERNED ABOUT THE NEGATIVE IMPACT ON THE NEIGHBORHOOD.

AND AS OF TODAY, THE STRUCTURE REMAINS UNSECURED AND IN A DANGEROUS CONDITION.

OUR STAFF RECOMMENDATION TONIGHT, BASED ON THE UNSAFE CONDITION OF THE STRUCTURE, WE DO RECOMMEND THAT THE COMMISSION ISSUE AN ORDER TO REQUIRE THE PROPERTY OWNER TO COMPLETE THE FOLLOWING ACTION WITHIN 30 DAYS.

ACTION NUMBER ONE SECURE THE PROPERTY IMMEDIATELY TO PREVENT UNAUTHORIZED ACCESS.

ACTION NUMBER TWO IS TO OBTAIN ALL THE NECESSARY PERMITS FROM THE CITY TO ACTUALLY DO ACTION NUMBER THREE, WHICH IS DEMOING THE BUILDING. SO WE'RE ASKING THE COMMISSION TO APPROVE APPROVE A RECOMMENDATION FROM STAFF TO LET THE OWNER KNOW THAT THEY'VE GOT 30 DAYS TO FIRST SECURE THE PROPERTY.

SECOND, OBTAIN THE PROPER PERMITS. AND THIRD, DEMO THE BUILDING.

[00:55:01]

IF THAT DOES NOT HAPPEN AFTER 30 DAYS, WE'RE ASKING THE COMMISSION TO APPROVE OR AUTHORIZE STAFF TO DEMO THE BUILDING BY AFTER THE 30 DAYS. SO 30 DAYS. THAT DOES NOT HAPPEN.

THEN WE'RE AUTHORIZED TO DEMO THE BUILDING BY CITY STAFF.

ALL RIGHT. THAT WOULD. AND THEN AND THEN ALSO I THINK WE HAVE ANOTHER RECOMMENDATION ON THE STAFF REPORT, IS TO ACTUALLY PUT A LIEN ON THE PROPERTY TO RECOUP THE COST OF DEMOLITION IF WE'RE GOING TO TAKE THE BUILDING DOWN.

THAT WOULD CONCLUDE MY PRESENTATION. I'LL BE HAPPY TO TAKE ANY QUESTIONS OR IF YOU HAVE ANY QUESTIONS FOR THE APPLICANT OR THE APPLICANT, IF THE APPLICANT WANTS TO PRESENT HIS CASE. DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS ITEM? I DO HAVE A COUPLE OF QUESTIONS. JUST QUICKLY, CAN YOU TELL US WHAT SECURE MEANS IN THIS CASE? BECAUSE I BELIEVE THE HOUSE IS FENCED. WHAT ELSE WOULD WE BE ASKING? SO IT'S NOT FENCED FROM ALL DIRECTIONS. IT'S ACTUALLY ACCESSIBLE.

SO FROM, YOU KNOW, SOME PORTIONS OF THE HOUSE, IT'S ACCESSIBLE LIKE PEOPLE CAN GET IN AND EXTRACT, YOU KNOW, VANDALISM OR ILLEGAL ACTIVITIES. SO WE WOULD LIKE FOR THEM TO SECURE LIKE EVERYTHING WITHIN 30 DAYS BEFORE THEY TAKE THE BUILDING DOWN.

OKAY. THANK YOU. ANY OTHER QUESTIONS? THANK YOU SO MUCH.

THANK YOU. MR. MARTIN, WOULD YOU LIKE TO APPROACH? IF YOU'LL STATE YOUR NAME AGAIN AND YOUR CITY AND STATE OF RESIDENCE. JAMES MARTIN, TEXAS.

OKAY. THANK YOU. AND THANK YOU FOR BEING HERE WITH US TONIGHT, CONSIDERING THE CIRCUMSTANCES.

WHAT WOULD YOU LIKE TO DISCUSS TONIGHT? RIGHT NOW, I'M NOT THE OWNER OF THE PROPERTY.

THE PROPERTY IS STILL IN PROBATE. WE HAVE A PROBATE COURT SET FOR JANUARY 5TH.

SO I'VE BEEN TOLD BY MOST PEOPLE THAT THERE'S REALLY NOTHING I CAN DO.

I CAN'T HAVE IT DEMOLISHED BECAUSE I DON'T OWN IT.

SO WE DO PLAN. THIS HAS BEEN GOING ON FOR OVER A YEAR, ALMOST A YEAR, SO WE DO PLAN TO DO SOMETHING ABOUT IT AS SOON AS IT HAPPENS.

WE GET THE I BECOME THE EXECUTOR OF THE TO THE ESTATE.

THANK YOU. DO WE HAVE ANY QUESTIONS FOR MR. MARTIN? THANK YOU, MR. MARTIN. DO WE HAVE ANY OTHER QUESTIONS? YES, I ACTUALLY DO HAVE A QUESTION. SIR, DID YOU SAY YOU ARE THE EXECUTOR OF THE ESTATE? NO I'M NOT. NOT UNTIL THE PROBATE. OKAY, SO THAT'S IN JANUARY.

SO, NO NO ACTION HAS BEEN TAKEN BY THE PROBATE COURT TO GIVE ANY, LIKE, TEMPORARY AUTHORITY TO YOU.

NO. OKAY. WE'VE TRIED A COUPLE OF DIFFERENT WAYS, BUT.

NO, THERE WAS NO WILLS, OR THERE WAS TWO WILLS, BUT THEY'RE BOTH DAMAGED.

SO THEY DECIDED THAT NEITHER ONE WERE VALID. AND SO THEY THEY'VE SET THE DATE 2 OR 3 TIMES.

IT KEEPS GETTING PUSHED BACK. BUT THEY SAID FINALLY, JANUARY 5TH, IT WAS ORIGINALLY NOVEMBER 5TH.

THEN IT WAS DECEMBER 17TH, WHICH IRONICALLY WAS THE DATE OF THE FIRE.

AND NOW IT'S JANUARY 5TH. BUT THEY SAID THAT IS THE FINAL DATE.

THANK YOU. ANY OTHER QUESTIONS FOR MR. MARTIN? YES, MA'AM. YES. MR. MARTIN.

I UNDERSTAND THAT YOU LOST YOUR PARENTS IN THIS SITUATION.

I READ THE THE AGENDA INFORMATION. DO YOU HAVE ANYTHING FROM THE PROBATE COURT AT ALL THAT WOULD HELP TO SUBSTANTIATE THAT DATE? I DID NOT BRING THE LETTER TODAY BECAUSE I ACTUALLY FORGOT ABOUT THIS. I'VE BEEN TO THE. I CAME IN SEPTEMBER AND NOVEMBER AND OCTOBER AND Y'ALL DID WHATEVER REASONS.

NOTHING HAPPENED. I ACTUALLY FORGOT THE LETTER.

I CAN'T HAVE IT EMAILED TO SOMEONE, IF YOU LIKE.

FROM THE LAWYER'S OFFICE. THANK YOU. ON THAT JANUARY 5TH COURT DATE, IS EVERYTHING GOING TO BE FINAL ON THAT DAY OR. IT'S ACTUALLY TWO, TWO COURTS BECAUSE MY MOTHER AND MY FATHER, THEY'RE DOING IT TWO SEPARATE CASES, BUT THEY ARE SUPPOSED TO BE DOING BACK TO BACK AND EVERYTHING IS SUPPOSED TO BE FINALIZED. NOW, HOW LONG IT TAKES TO GET SOMETHING STARTED FROM THERE, I DON'T KNOW.

I'VE TALKED TO ONE CONSTRUCTION PERSON. THEY SAID, AGAIN, I'M NOT THE OWNER.

PEOPLE ARE REALLY PRIVATE ABOUT THAT NOW. THEY DON'T WANT TO GIVE OUT INFORMATION IF YOU'RE NOT ACTUALLY A PERSON.

BUT I DO PLAN TO GET SOMETHING DONE WITH IMMEDIATELY AFTER I HAVE THE RIGHT TO DO IT.

SO YOUR INTENTION ALSO, ONCE YOU ARE ABLE TO MAKE A DECISION, IS TO DEMOLISH THE PROPERTY.

EITHER SELL IT IMMEDIATELY AND I'VE BEEN GETTING PHONE CALLS FROM AFTER A WEEK AFTER THIS HAPPENED THAT PEOPLE WANTING TO BUY THE PROPERTY.

SO EITHER SELL IT IMMEDIATELY AND HAVE THEM DEMOLISH IT OR WILL DEMOLISH IT IF IF THERE'S A PROBLEM WITH THIS HAS BEEN A KIND OF A SORE THUMB FOR US TOO.

SO WE DO PLAN TO DO SOMETHING ABOUT IT AS SOON AS I HAVE THE RIGHT TO DO IT.

THANK YOU. MR. MARTIN, I JUST WANT TO ASK YOU A COUPLE MORE QUESTIONS.

SO HAVE YOU BEEN IN COMMUNICATION WITH THE CITY, OR HAVE YOU WORKED WITH THIS GENTLEMAN? SOME PAPERS BACK IN SEPTEMBER. I WAS HERE FOR THAT.

[01:00:01]

BUT Y'ALL DIDN'T HAVE ENOUGH FOR THE QUORUM, SO IT GOT CANCELED.

I DON'T REMEMBER ACTUALLY WHAT ALL I GAVE HIM.

SO I HAVE TALKED TO A FEW PEOPLE. OKAY. AND MY OTHER QUESTION WAS, DO YOU KNOW, AT THIS POINT, IF YOUR PARENTS ESTATE WILL BE SETTLED BY INTESTACY, OR SINCE THERE WILL BE NO WILLS, OR IS THE COURT GOING TO DETERMINE WHETHER REPEAT THAT.

WELL, HAS THE COURT ALREADY DETERMINED WHETHER THE WILLS CAN BE PROBATED, OR IS THERE A QUESTION AS TO WHETHER THEY'RE VALID? THEY SAID THAT THERE SHOULDN'T BE ANY QUESTION. IT WAS JUST GETTING TO THE COURT. I SHOULD BE THE ONE GIVING.

OKAY. THEY DID ALL THE THINGS WHERE THEY LOOKED FOR OTHER RELATIVES AND ALL THAT, AND NO ONE'S SHOWN UP.

SO IT'S BEEN SIX MONTHS, SIX, SEVEN MONTHS SINCE WE STARTED THAT PROCESS.

SO HOPEFULLY THEY THEY'RE READY JUST TO MAKE ME THE EXECUTOR.

OKAY. THANK YOU. THANK YOU, MR. MARTIN, I APPRECIATE IT.

THANK YOU. WE APPRECIATE IT. I DO HAVE ANOTHER QUESTION FOR STAFF.

IS THAT OKAY? YES, MA'AM. IN THE RECOMMENDED.

THANK YOU, MR. WILKOWSKI. IN THE RECOMMENDED ORDER, IF WE WERE TO VOTE ON IT AS IT IS TONIGHT.

THAT WOULD MEAN 30 DAYS. THIS WOULD BE DONE BY DECEMBER 16TH.

OR IF WE WAIT FOR PROBATE, THAT MIGHT BE FEBRUARY OR MARCH.

IS THERE A WAY WHERE WE CAN HELP MR. MARTIN TO ACCELERATE THIS PROCESS, OR WORK WITH THE COURTS TO SPEED THIS UP A LITTLE BIT? HAVE WE LOOKED INTO THAT OR. SO THAT WOULD REALLY BE UP TO, YOU KNOW, THE PROPERTY OWNER REPRESENTATIVE WITH THE COURT, YOU KNOW BUT AT THE END OF THE DAY, IT'S UP TO THE COMMISSION TONIGHT TO DECIDE WHETHER THEY WANT TO GIVE THEM LIKE 45 DAYS OR 30 DAYS.

WE'VE BEEN IN CONTACT WITH WITH THE GENTLEMAN AND, YOU KNOW, OUR ASSISTANT DIRECTOR HAD A CONVERSATION WITH HIM IN THE PAST AS WELL.

AND WE WERE UNDER THE IMPRESSION THAT THEY WOULD BE ABLE TO COMPLETE THEIR CASE.

AND PAPERWORK'S IN NOVEMBER, SO IT DOESN'T SEEM IT'S GOING TO HAPPEN IN NOVEMBER, AND IT'S GOING TO BE PUSHED IN JANUARY.

BUT YEAH, I UNDERSTAND THERE'S A DIFFERENCE OF, YOU KNOW, MAYBE ONLY THREE WEEKS OR SO.

THAT WOULD BE REALLY UP TO THE COMMISSION. YOU KNOW, WE'RE READY.

WE CAN, YOU KNOW, AFTER 30, WITHIN WITHIN 30 DAYS, THEY DON'T TAKE THE BUILDING DOWN.

THEN WE'RE READY TO TAKE IT DOWN. OR, YOU KNOW, IF THE COMMISSION DECIDES AT THE END OF THE NIGHT TO ACTUALLY GIVE THEM, LET'S SAY, 45 DAYS, THEN HE'LL HAVE, LIKE, MAYBE A SHORT OR MAYBE EVEN MORE LIKE 60 DAYS OR SO, THEN HE'LL HAVE A SHORT TIME TO KIND OF, YOU KNOW, GET EVERYTHING READY AND DEMO THE BUILDING.

THANK YOU. ARE THERE ANY MORE QUESTIONS FOR STAFF? YES. SINCE THE PROBATE HAS NOT BEEN FINALIZED, I MEAN, I GUESS, WHAT ARE THE OTHER OPTIONS? LIKE, EVEN IF WE VOTED, HE STILL COULDN'T KNOCK THE HOUSE, DEMOLISH THE HOUSE BECAUSE HE DOESN'T HAVE THE AUTHORITY TO DO SO.

SO SO IT'S A GREAT QUESTION. I'M GOING TO GO BACK TO THE SLIDE OF THE COMPLIANCE TIME TIMELINE.

THIS IS NOT A CASE THAT HAS BEEN YOU KNOW, WE'RE NOT WE DIDN'T HAVE THIS CASE TWO MONTHS AGO.

WE'VE BEEN TALKING ABOUT THIS SINCE DECEMBER 17TH, 2024.

AND THEN, YOU KNOW, THE FIRST NOTICE OF VIOLATION WAS SENT ON APRIL 14TH, 2025.

SO SINCE APRIL UNTIL NOW, WE'VE BEEN, YOU KNOW, KIND OF WORKING WITH THE WITH WITH THE PROPERTY OWNER REP ON THIS CASE.

BUT, YOU KNOW, LIKE I SAID, I DO UNDERSTAND THE, YOU KNOW, THE SITUATION HE'S IN.

IF HE CAN COMMIT THAT HE COULD TAKE THE BUILDING LIKE MAYBE IN LIKE MID JANUARY.

THAT WOULD BE REALLY UP TO THE COMMISSION. DID I ANSWER YOUR QUESTION? ANY OTHER QUESTIONS FOR STAFF? THANK YOU. MR. MARTIN, CAN I ASK YOU JUST ONE MORE QUESTION? IS THAT OKAY? I GUESS THE QUESTION SHOULD BE ASKED ARE YOU OPPOSED TO THE CITY DEMOLISHING THE PROPERTY? HOW DOES THAT GET PAID? WELL, HOW WOULD THEY BE PAID.

OH NO. SO THAT'S A GOOD A VERY GOOD QUESTION.

REALLY IF, IF WE'RE GOING TO DO IT OURSELVES THEN WE WILL HAVE TO PUT A LIEN ON THE, ON THE PROPERTY TO BE ABLE TO RECOVER THE COST BECAUSE WE'RE GOING TO EITHER LIKE SEND THE CREW OR, YOU KNOW, SEND EQUIPMENT.

AND IT'S A LOT OF WORK. SO WE WANT TO MAKE SURE THAT WE RECOVER THE COST.

THANK YOU SIR. THANK YOU BOTH. ALL RIGHT. WITH THAT NOW WE DO HAVE TWO AT LEAST TWO CITIZEN COMMENTS ON THIS AGENDA ITEM. SO THE BRISCOE FAMILY.

[01:05:03]

MR. BRISCOE, I'LL CALL YOU BACK UP TO THE PODIUM IF YOU'RE READY.

THANK YOU. IF YOU'LL STATE YOUR NAME AND RESIDENCE OR CITY AND STATE FOR THE RECORD.

FLOYD BRISCOE ADDRESS IS 11 ZERO FIVE RISING RIDGE DRIVE IN DESOTO. GOOD AFTERNOON COMMITTEE MEMBERS. AGAIN, MY NAME IS FLOYD BRISCOE, AND I LIVE IN THE HIDDEN CANYON SUBDIVISION. SIR. I'M SORRY. WE'LL HAVE TO SWEAR YOU IN AS WELL.

IF YOU'LL JUST GIVE ME ONE MOMENT TO DO THAT.

OKAY. ANYONE WHO'S GOING TO SPEAK PRESENT EVIDENCE OR TESTIMONY ON THIS ITEM NEEDS TO BE SWORN IN.

SO THEY ARE GOING TO DO THAT, TESTIFY THAT AS WELL.

OKAY. ALL RIGHT, SIR, IF YOU'LL RAISE YOUR RIGHT HAND, I'LL SWEAR YOU IN QUICKLY.

THANK YOU. DO YOU? THIS IS SEVERAL. ARE YOU ALL TOGETHER OR.

YES. WE DO NEED A CARD, SIR. IF YOU'LL GRAB A CARD, YOU CAN GRAB A CARD.

THAT'S FINE, BUT THIS IS. WE HAVE SEVERAL DIFFERENT RESIDENCES LINED UP HERE RIGHT NOW.

OKAY. IF ALL OF YOU WILL RAISE YOUR RIGHT HAND, I'LL SWEAR YOU ALL IN AT THE SAME TIME. THANK YOU.

DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.

THANK YOU ALL SO MUCH. SIR, IF YOU'LL GRAB A CARD, WILL ALLOW YOU TO SPEAK.

MR. BRISCOE, THANK YOU SO MUCH FOR YOUR PATIENCE.

PLEASE. OKAY. AGAIN. MY NAME IS FLOYD BRISCOE AND I LIVE IN THE HIDDEN CANYON SUBDIVISION.

I UNDERSTAND THAT THERE MIGHT HAVE BEEN IN REGARDS TO THE DELAY OF THIS SITUATION GOING ON FOR THIS PERIOD OF TIME, I THINK IN NOVEMBER WHEN THE, THE TRAGIC INCIDENT HAPPENED. THAT IS THE FIRE DESTROYING THE HOUSE AND TAKING THE LIVES OF TWO OF OUR RESIDENTS, WHICH IS VERY UNFORTUNATE. HOWEVER I UNDERSTAND THAT THAT POSSIBLY HAVE BEEN STAFFING PROBLEMS THAT IT'S TAKEN SO LONG FOR US TO BE AT THIS POINT WHERE WE ARE RIGHT NOW.

AND I UNDERSTAND THAT, AGAIN, THAT THERE MAY HAVE BEEN STAFFING PROBLEMS, CREATED CHALLENGES IN CODE ENFORCEMENT CASES GOING FORWARD. AND I APPRECIATE THE WORK THAT THE CODE ENFORCEMENT HAVE DONE IN THE PAST.

AND THEY MIGHT HAVE HEAVY LOAD GOING RIGHT NOW TO WHERE WE ARE RIGHT NOW.

WITH THAT SAID THE PROPERTY AT THE AREA WHERE WE'RE TALKING ABOUT ON CANYON RIDGE HAS BEEN UNDER REVIEW FOR OVER TEN MONTHS OR MORE WITH NO RESOLUTION. AND IT'S BEEN AN ONGOING DELAY IN AND IT HAS HAD AN IMPACT ON NEARBY RESIDENTS, TO THE POINT WHERE I'VE HEARD A PERSON SAY THAT THEIR PROPERTY VALUE HAS GONE DOWN. SOME PERSONS HAVE EVEN SAID THEIR INSURANCE RATE HAS INCREASED.

I'M ASKING THE COMMITTEE TO LOOK AT WAYS OF KEEPING CASES LIKE THIS FROM FALLING THROUGH THE CRACKS, WHETHER THAT MEANS PRIORITIZING SERIOUS VIOLATIONS, IMPROVING COMMUNICATION WITH RESIDENTS, OR EVEN FINDING SHORT TERM SUPPORT WHEN YOU HAVE STAFFING PROBLEMS THAT MAY HAVE HAPPENED HERE. AND I'M ALSO ASKING THAT ON THIS ISSUE.

OTHER CASES LIKE THIS RECEIVE TIMELY ATTENTION DESPITE THE CHALLENGES THAT YOU MIGHT HAVE.

AND OTHER PERSONS MIGHT WANT TO AND WILL SAY SOMETHING IN REGARD TO THAT.

SO I THANK YOU FOR YOUR TIME. THANK YOU, MR. BRISCOE.

THANK YOU MA'AM. WHAT IS YOUR LAST NAME? BEATRICE BRISCOE.

MISS BRISCOE, THANK YOU SO MUCH. GOOD EVENING.

I'VE BEEN A RESIDENT OF DESOTO FOR 30 PLUS YEARS, GIVE OR TAKE A LITTLE.

AND I'VE SEEN A LOT OF CHANGES WITHIN THE CITY.

SOME GOOD, SOME BAD. DE SOTO IS VERY GOOD ABOUT ISSUING

[01:10:04]

CITATIONS WHEN SOMEONE'S GRASPED IS HIGH, OR THERE ARE SLATS MISSING IN A FENCE, OR EVEN THREATENING TO PUT A LIEN ON A HOME IF THERE'S NOT A AN ADDRESS ON THE REAR OF THE HOUSE IN THE ALLEYWAY.

AND I FEEL LIKE THAT SHOULD BE CARRIED THROUGH ON STRUCTURES LIKE THIS.

MY HEART GOES OUT TO MR. MARTIN. HIS PARENTS WERE LOST IN THAT FIRE.

BUT EVERY TIME, AT LEAST FOR MYSELF, I DRIVE BY THAT HOUSE.

I THINK ABOUT THOSE TWO PEOPLE WHO LOST THEIR LIFE IN THAT FIRE.

THAT'S NOT GOOD FOR MY HEALTH. THAT PLAYS AN EMOTIONAL.

IT PUTS ME IN A LOWER STATE OF MIND. AND IT'S ALSO A BLIGHT ON THE COMMUNITY.

PEOPLE HAVE STARTED TO MOVE OUT OF THE COMMUNITY.

I'M NOT SURE THAT ALL OF THEM ARE MOVING DUE TO THAT REASON, BUT THE NEIGHBORHOOD IS A IT'S A NICE NEIGHBORHOOD.

SO I APPRECIATE ALL THAT. CODE ENFORCEMENT DOES, AS FAR AS YOU KNOW, GIVING CITATIONS WHEN THE PROPERTY IS NOT UP TO CODE. I APPRECIATE THAT, BECAUSE THAT HELPS KEEP THE NEIGHBORHOOD.

IT HELPS TO BEAUTIFY THE NEIGHBORHOOD. BUT I THINK THAT SHOULD ALSO FOLLOW THROUGH WHEN THINGS LIKE THIS HAPPEN.

YOU KNOW, IF YOU HAVE NOT SEEN THAT STRUCTURE I WOULD IF YOU GET A CHANCE, JUST DRIVE BY, YOU KNOW, AND WHEN YOU DRIVE BY, THINK ABOUT THOSE TWO PEOPLE WHO LOST THEIR LIVES.

AND IMAGINE HOW YOU WOULD FEEL IF YOU EXPERIENCE THAT EVERY TIME YOU LEFT YOUR HOME.

BECAUSE WHEN I LEAVE MY HOUSE, I GO DIRECTLY BY THE HOUSE AND IT'S MORE THAN ONCE A DAY AND IT'S NOT A GOOD FEELING.

SO I WOULD ASK THAT THE PROPERTY WOULD BE DEMOLISHED, THE LAND WOULD BE CLEARED, AND IT'S JUST NOT A SAFE ISSUE MENTALLY OR PHYSICALLY.

OKAY. THANK YOU. THANK YOU, MR. AND MRS. BRISCO.

THANK YOU. MA'AM, DO I HAVE A CARD FOR YOU? YOU DO? MY NAME IS ARCELIA HARRIS. I LIVE AT 11 HARRIS.

THANK YOU. YES. 1108 CANYON RIDGE. I ALSO DRIVE BY THE PROPERTY EVERY DAY.

MY SINCERE CONDOLENCES TO MR. MARTIN. WE KNOW THAT IT'S BEEN VERY DIFFICULT.

I LOST MY MOM A WEEK AFTER HE LOST BOTH OF HIS PARENTS.

SO I DO UNDERSTAND THAT. BUT I THINK THE CITY HAS A JOB TO DO.

YOU GUYS HAVE A JOB TO DO? YOU CAN DEMOLISH THE PROPERTY.

AND UNFORTUNATELY YOU MAY HAVE TO PUT A LIEN ON THE PROPERTY TO RECOUP THE FEES, BUT I THINK THAT'S THE ONLY DECISION.

I DON'T THINK WE SHOULD WAIT TILL JANUARY IN HOPE THAT SOMETHING DIFFERENT WILL COME, BECAUSE WE'LL BE LOOKING AT MONTHS AFTER THAT.

WE'RE DRIVING BY THAT PROPERTY EVERY DAY. IT'S A REMINDER.

IT'S LIKE TIME STOPPED. IT'S NOT JUST A FENCED IN.

WE CAN SEE ARTIFACTS. WE CAN SEE BLANKETS. WE CAN SEE MATTRESSES.

IT REMINDS ME OF WHAT HAPPENED ON DECEMBER 17TH AT ABOUT 230 IN THE AFTERNOON.

IT REMINDS ME OF WHAT HAPPENED. SO I DON'T THINK WE SHOULD FURTHER DELAY THIS ISSUE.

WE NEED TO MAKE A DECISION TODAY TO DEMOLISH THE PROPERTY.

AND IF IT MEANS TO PUT A LIEN ON THE PROPERTY. I'M SORRY.

HOPEFULLY THING WE CAN MOVE THINGS FASTER IN THE PROBATE COURT, BUT I DON'T THINK WE HAVE ANY OTHER OPTIONS.

YOU KNOW, PEOPLE HAVE PUT THEIR HOMES UP FOR SALE.

RIGHT NEAR THAT, THERE HAVE BEEN THREE HOMES THAT HAVE BEEN LISTED FOR SALE IN THE LAST FEW MONTHS.

SO I'M HOPING THAT YOU GUYS WILL MAKE A DECISION TONIGHT.

THANK YOU, MISS HARRIS. I HAVE TWO MORE CARDS.

MISS HARRIS, I BELIEVE I HAVE TWO, MISS HARRIS.

MR. HARRIS AND MR. KNOWLES. WHAT'S YOUR LAST NAME, SIR? GOOD EVENING, I'M ELMO HARRIS. MR. HARRIS. YES.

THANK YOU, SIR. YES. GOOD. GOOD AFTERNOON OR GOOD EVENING TO THE COMMISSION.

I AM HERE ALSO GIVING CONDOLENCES TO MR. MARTIN.

I WOULD SEE HIS FATHER FROM TIME TO TIME AND SPEAK TO HIM.

SO I UNDERSTAND THE DIFFICULTY IN THE. THE FIRE.

BUT NOW IT'S KNOCKING ON 12 MONTHS, AND I UNDERSTAND PROBATE.

I UNDERSTAND SOME LEGAL ISSUES OF IT, BUT. THIS STRUCTURE.

[01:15:01]

IS A REMINDER OF A BAD TIME. IT DOESN'T. AT TIMES, IT'S WEEDS ARE VERY HIGH. IF IT WASN'T FOR OUR COUNCIL PERSON HAVING SOMEONE TO COME CUT THE YARD, THEN IT WOULD LOOK WORSE THAN IT DOES NOW. AS MY NEIGHBOR, THE BRISCOES, AND MY WIFE HAS SPOKEN THIS STRUCTURE. NOTHING HAS BEEN DONE SINCE THE FIRE.

THE CAR IS STILL IN THE GARAGE. REMINDING SOMEONE LIVED THERE THE WAY THE HOUSE BURNED.

YOU COULD ONLY FEEL TERRIBLE IN. AS MY WIFE AND MY NEIGHBOR SAID, WE DRIVE BY EVERY DAY WITH A REMINDER OF WHAT HAPPENED. I'M SORRY, BUT WE LIVE IN THE COMMUNITY NOW.

MR. MARTIN'S SON DOES NOT LIVE IN THE COMMUNITY.

HE DOESN'T HAVE TO DRIVE BY IT EVERY DAY. WE'RE REMINDED ON A DAILY THERE'S.

THERE IS A SOME SORT OF FENCE AROUND SOME PARTS OF IT, BUT AT ANY TIME ANYBODY CAN GO IN THERE AND START RUMMAGING THROUGH. NO ONE'S GOING TO SAY ANYTHING.

NO ONE CARES. SOMEONE IN THE LAST TWO WEEKS CAME BY AND PUT CAUTION TAPE AROUND IT, AND IT ENDED UP HALL IN THE ALLEY FOR WHATEVER REASON. I DON'T KNOW WHY.

BUT FROM TIME TO TIME WHEN WE HAD THE HIGH WINDS, SOME OF THE TRASH WAS ENDED UP IN THE ALLEY. WHO PICKED IT UP? I DID. IF THE STRUCTURE WAS TORN DOWN, THAT WOULDN'T HAVE HAPPENED. SO I'M ASKING THE COMMISSION TO DO AS THE CITY SAYS, 30 DAYS, BECAUSE WE DON'T KNOW WHAT'S GOING TO HAPPEN AFTER PROBATE IN JANUARY.

IT MAY BE ANOTHER SIX, SEVEN MONTHS BEFORE A CONTRACTOR COMES IN AND SAYS, OH, I'LL DO IT FOR X AMOUNT OF MONEY.

SO WE'RE LOOKING AT SUMMER. AND AS MY NEIGHBORS AND MY WIFE HAVE SPOKEN, SEVERAL RESIDENTS HAVE MOVED THE HOUSE NEXT TO IT FOR SALE.

NO ONE WANTS TO BUY IT. YOU KNOW WHY? YOU'VE SEEN PICTURES OF THAT BURNED HOUSE.

I WOULDN'T WANT TO BUY IT. I WOULDN'T WANT TO LIVE NEXT TO IT.

SO I'M ASKING THE COMMISSION TO THINK ABOUT THE NEIGHBORS WHO LIVE THERE NOW.

WE'VE BEEN THERE OVER 30 YEARS AS WELL. THINK ABOUT US.

I'M SORRY FOR MR. MARTIN, BUT HE DOESN'T HAVE TO DRIVE BY THERE EVERY MORNING.

I DO MY WIFE DO MY OTHER NEIGHBORS THAT ARE NOT HERE.

SO PLEASE TAKE THAT INTO CONSIDERATION. THANK YOU.

THANK YOU, MR. HARRIS. AND I THINK LASTLY, I HAVE MR. KNOWLES. YES, MA'AM. GARY KNOWLES, 1024 CANYON RIDGE.

AND I APPRECIATE YOU TAKING THE TIME TO LISTEN TO ME, BECAUSE I DIDN'T MAKE OUT ANY NOTES.

BUT AGAIN, I EXTEND MY SYMPATHIES TO MR. MARTIN.

I HAVE ON MY PHONE THAT THE DAY I CAME HOME, DECEMBER 17TH, TWO 3241 THAT FIRE, YOU KNOW, CAUGHT MY ATTENTION. I WENT RAN DOWN. AND I IMMEDIATELY KNEW THAT, YOU KNOW, HIS HIS PARENTS WERE GONE.

I'D ACTUALLY BEEN IN THAT HOUSE AND HELPED HIS DAD, YOU KNOW, DO SOME THINGS, YOU KNOW, HELP MOVE THEM, YOU KNOW, MOVE A PIECE OF FURNITURE AROUND IN THAT HOUSE.

SO I HAD MET THEM AND HAD COMMUNICATED WITH THEM.

SO, YOU KNOW, INITIALLY WHEN I SAW THAT FIRE, MY HEART JUST STARTED TO, TO TO BECAUSE FIVE DAYS LATER, DECEMBER THE 5TH, I MEAN, EARLIER DECEMBER THE 5TH, I LOST MY FATHER.

I HAD TO GO IN THE HOUSE AND FIND HIM DEAD. SO I KNEW THAT MOTION WAS STILL WITH ME.

SO I SYMPATHIZED WITH HIM, BUT STILL, LIKE MY NEIGHBORS HAD STATED, IT'S BEEN LIKE I SAY, DECEMBER 17TH. IT'S BEEN A LONG TIME, RIGHT? AND LIKE I SAY, I WALK IN THE NEIGHBORHOOD AND LIKE I SAY, LITERALLY, DNA HAS WASHED DOWN THE STREET, YOU KNOW WHAT I MEAN? BECAUSE THEY TOOK HIS PARENTS OUT OF THEIR HOUSE AND THEY DIDN'T DO NOTHING ELSE HAS DONE BEEN DONE TO THE HOUSE.

I HAVE NEVER I DON'T KNOW THIS GENTLEMAN. I HAVE NEVER SEEN HIM OVER THE HOUSE.

I MEAN, THE PERSONAL EFFECTS THEY HAVE, JUST THE WEATHER HAS DEALT WITH THEM WASHING DOWN THE STREET, LITERALLY. I MEAN, I WALKED MY DOGS AROUND. I MEAN, LITERALLY THE INSIDES OF HOUSE WASHED DOWN THE GUTTER.

[01:20:04]

I MEAN, THAT'S NOT THE WAY. I MEAN, IT STANDS AS A A TRAGIC MONUMENT TO THEM.

SO, I MEAN, WE NEED TO JUST GO AHEAD AND TAKE IT DOWN AND START OVER. I CAN APPRECIATE THE STATUS, THE SITUATION OF A LIEN. I'VE HAD A LIEN LIKE THEY HAVE SPOKE.

I HAD A LOT ON WEST. GET INTO MY BUSINESS ON WESTMORELAND.

THE GRASS IS HIGH. MR. HUMPHREY PUT. THEY PUT A LIEN ON ME.

I SAID, MAN, I'M GOING TO GET IT CUT. NO, YOU GOT NO, MR. KNOWLES, YOU DIDN'T CUT IT IN THE TIME FRAME.

WE GOT TO LEAN ON YOUR PROPERTY. WHEN I SOLD THAT PROPERTY, I HAD OVER $1,000 LIEN ON THE PROPERTY FOR GRASS.

I'M JUST SAYING. COME ON. LET'S. LET'S DO THE RIGHT THING.

AND I AND LIKE I SAY, I SYMPATHIZE WITH HIM. I EMPATHIZE WITH HIM.

BUT WE NEED TO KEEP IT MOVING, YOU KNOW, AND KEEP, YOU KNOW, TRY TO KEEP OUR NEIGHBORHOOD UP IN THE COUPLE THAT JUST SPOKE, WE'VE BEEN ON THAT ON THAT BLOCK OVER 30 YEARS.

WELL, ALMOST 35 GOING ON 40 YEARS. RIGHT. AND LIKE I SAID, I'M NOT LIKE I SAID, TOOTING MY HORN, BUT I KEEP MY IT'S BRINGING THE PROPERTY VALUE DOWN.

IT'S A IT'S DEPRESSING. AND LIKE I SAID WE JUST NEED TO KEEP IT MOVING.

THAT'S ALL I'M SAYING. AND I APPRECIATE YOUR TIME.

THANK YOU, MR. NELSON. ARE THERE ANY OTHER COMMENTS FOR TONIGHT? I DO NOT HAVE ANY ADDITIONAL CARDS. THANK YOU SO MUCH.

ALL RIGHT. I'M GOING TO ACTUALLY CLOSE THE PUBLIC HEARING ON THIS TOPIC.

I NEED A CLOCK. WHAT TIME IS IT? AT 725. WE'RE GOING TO CLOSE THE PUBLIC HEARING ON THIS TOPIC.

MADAM CHAIR, I DON'T KNOW IF I CAN HAVE ANOTHER COMMENT ON THIS CASE.

SO, YEAH, YOU KNOW, WE WE HEARD THE RESIDENTS LOUD AND CLEAR AND WE HEAR THE PROPERTY OWNER REP AS WELL.

LIKE I SAID, AT THE END OF THE DAY, IT'S GOING TO BE YOUR CALL TO DECIDE WHETHER YOU WANT TO GO WITH 30 DAYS OR GIVING HIM LIKE KIND OF A GRACE PERIOD.

BUT I KIND OF HAVE A QUESTION TO THE ASSISTANT CITY ATTORNEY IF IF THE, YOU KNOW, THE OWNER, MR. MARTIN, IS WILLING TO PAY FOR THE CAUSE THAT WE'RE GOING TO PUT IN TO DEMO THE BUILDING.

LIKE, DO WE REALLY HAVE TO PUT A LIEN, LIKE, IF IF HE'S WILLING TO SAY, I CAN COME IN, LIKE, AFTER YOU DEMO THE BUILDING THAT MUCH OF A COST, CAN WE DO THAT? THE CITY DOES NOT HAVE TO PUT A LIEN ON THE PROPERTY IF IT DOESN'T WANT TO PUT A LIEN ON THE PROPERTY.

WHATEVER. YOU ALL DECIDE TO DO THAT IF IT GETS TO THE STAGE WHERE THE CITY IS DEMOLISHING IT.

IT'S THE CITY'S DECISION ON WHAT TO DO WITH THE COST.

OKAY, SO YOU KNOW, IN THIS CASE, WHAT I COULD ALSO RECOMMEND IS, YOU KNOW, WE WANT YOU TO AUTHORIZE US TO PUT A LIEN TO DEMO THE BUILDING AND PUT A LIEN ON THE PROPERTY.

BUT IF THE IF MR. MARTIN IS WILLING TO PAY THE COST THAT WE PAY, WE WILL PAY TO THEM WITH THE BUILDING.

THEN WE'RE GOING TO TAKE THE, YOU KNOW, THAT MUCH OF THE MONEY THAT WE SPENT AND THEN WE DON'T HAVE TO PUT A LIEN ON THE PROPERTY.

AND I'LL JUST SPEAK TO THE LIEN AGAIN. THE IF THE CITY DOES END UP HAVING TO DEMOLISH THE PROPERTY, WHICH IS LIKELY, SINCE IF YOU ORDER DEMOLITION, SINCE THERE IS NO ONE AUTHORIZED DEMOLITION, THE PROPERTY, THAT'S LIKELY WHAT WOULD HAPPEN. LIENS IS GOING TO ATTACH TO THE PROPERTY, AND IT'LL BE PAID OUT WHEN THE IF THERE'S A PROPERTY TRANSACTION LATER ON DOWN THE ROAD.

IF MR. MARTIN SOMEHOW. IF HE INHERITS IT THROUGH THE PROBATE COURT, HE COULD EITHER TAKE CARE OF THAT LIEN IMMEDIATELY OR WHEN THE PROPERTY TURNS OVER.

I MEAN, IT'S NOT ATTACHING TO WHOEVER INHERITS THAT PROPERTY.

IT'S GOING TO THE PROPERTY ITSELF. THANK YOU VERY MUCH, MR. OCASIO. IF THE CITY WERE TO MOVE AHEAD WITH DEMOLITION, DO YOU HAVE ANY IDEA OF TIMING, HOW LONG THAT PROCESS WOULD TAKE? SO WE WILL PLAN TO DEMO THE BUILDING RIGHT AFTER THE 30 DAYS.

BUT HOW LONG DO YOU KNOW HOW LONG IT WOULD TAKE TO CLEAN UP THE STRUCTURE IN ITS CURRENT STATE? I DON'T HAVE THE INFORMATION RIGHT NOW. WE WOULD HAVE TO SEND A CREW.

LIKE IF WE GET THE ORDER TONIGHT, THEN, YOU KNOW, MONDAY OR TUESDAY, WE'RE GOING TO SEND A CREW TO ASSESS THE CURRENT CONDITION.

AND WHAT IS IT REQUIRED TO DEMO THE BUILDING? SO THEN IF THAT DOESN'T HAPPEN WITHIN 30 DAYS, THEN WE KNOW, LIKE WHAT WE'RE LOOKING FOR AND AND WE WILL HAVE ACCRUED CREW TO DEMO THE BUILDING, BUT I WON'T BE ABLE TO GIVE YOU A COST ESTIMATE NOW.

THANK YOU. ARE THERE ANY OTHER QUESTIONS OR COMMENTS? THANK YOU. ALL RIGHT. SO I'M GOING TO MOVE INTO THE SECTION WHILE I INVITE MORE REMARKS FROM COMMISSION MEMBERS.

IS THERE ANYTHING ELSE? ALL RIGHT. WE DO CURRENTLY HAVE AN ORDER.

WOULD YOU LIKE TO READ THE ORDER AS IS, OR DO YOU WANT ME TO READ THROUGH IT? PLEASE.

[01:25:09]

THANK YOU. SO, I'M. I'M SORRY WE DIDN'T GET A TIME ON CLOSING THE PUBLIC HEARING.

IT WAS 725. 725. CLOSING THE PUBLIC HEARING. THANK YOU.

SO THIS IS THE PROPOSED ORDER THAT I'M GOING TO READ TO THE RECORD.

OBVIOUSLY, IF YOU ALL CHOOSE TO ADOPT THAT, GREAT.

IF YOU CHOOSE TO MODIFY IT ALSO GREAT. BUT THIS IS WHAT IS PROPOSED.

AND IF Y'ALL DECIDE TO ADOPT AS READ THEN THAT IS WHAT Y'ALL CAN DO.

SO I WILL BEGIN AN ORDER OF THE CITY OF DESOTO BUILDING STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 1124 CANYON RIDGE DRIVE, DESOTO, DALLAS COUNTY, TEXAS. WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, TEXAS. THE COMMISSION HAD A PROPERLY NOTICED MEETING, CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS, IN CHAPTER 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, WHEREIN THE STRUCTURE LOCATED AT 1124 CANYON RIDGE DRIVE, DESOTO, DALLAS COUNTY, TEXAS.

THE PROPERTY WAS AGENDA ITEM D1 LEGAL DESCRIPTION BEING LOT 22, BLOCK I, HIDDEN CANYON INSTALLMENT NUMBER TWO.

IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 84122, PAGE 3850 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS.

AND NOW, THEREFORE, THE BUILDING STANDARDS COMMISSION OF THE CITY OF DESOTO, TEXAS, PURSUANT TO ITS AUTHORITY UNDER CHAPTERS 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE IN ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS, ENTERS THE FOLLOWING FINDINGS OF FACT.

CONCLUSIONS OF LAW AND ORDER. FINDING OF FACT.

THE COMMISSION FINDS THAT NOTICE OF THE PROCEEDING IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED AND POSTED IN ACCORDANCE WITH LAW, AND THE CITY OF DESOTO CITY BROUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDING STRUCTURES AND PREMISES.

WHEREAS THE PROPERTY EXISTS IN SUBSTANDARD AND DANGEROUS CONDITION AND AS AN URBAN NUISANCE POSING DANGER TO THE LIFE, HEALTH, WELFARE AND SAFETY OF THE PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY OF DESOTO CODE OF ORDINANCES, THE CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC AND THE CURRENT OWNER OF THE PROPERTY IS THE STATE OF JAMES A AND JOCELYN M MARTIN, THE OWNER, WITH THE ADDRESSES AS FOLLOWS.

ESTATE OF JAMES N MARTIN AND JOCELYN MARTIN 1124 CANYON RIDGE DRIVE, DESOTO, TEXAS 75115 ESTATE OF JAMES M MARTIN AND JOCELYN MARTIN, 625 RENAISSANCE PLACE, CEDAR HILL, TEXAS, 75104 AND ESTATE OF JAMES M MARTIN AND JOCELYN MARTIN CARE OF THE HALE LAW FIRM, 417 WEST MAIN, WAXAHACHIE, TEXAS. 75165 AND UNCORRECTED CODE VIOLATIONS ON THE PROPERTY CONTINUE TO EXIST TO DATE, AND AFTER HEARING THE EVIDENCE, THE VIOLATIONS CURRENTLY LISTED ON THE CODE VIOLATION INVENTORY ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A ARE FOUND TO EXIST ON THE PROPERTY AND THE PROPERTY AND BUILDING STRUCTURE AND PREMISES THEREON CONSTITUTE A SAFETY HAZARD ON THE PROPERTY IN VIOLATION OF THE CODE AND THE IPMC, AND THE COMMISSION FINDS THAT THE PROPERTY AND THE BUILDING STRUCTURES AND PREMISES THEREON REMAINS IN SUBSTANDARD CONDITION AND CONSTITUTES AN URBAN NUISANCE AS OF THE DATE OF THIS HEARING, AND FINDS THAT THE VIOLATIONS PREVIOUSLY IDENTIFIED AND REQUESTED FOR CORRECTION, AS DESCRIBED IN THE CODE VIOLATION INVENTORY, HAVE NOT BEEN PERFORMED AND COMPLETED AND REMAIN OUTSTANDING, AND THE COMMISSION FINDS PORTIONS OF THE PROPERTY, BUILDING STRUCTURE AND PREMISES LOCATED THEREON CONSTITUTE A LIFE SAFETY HAZARD AND A THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE.

TWO CONCLUSIONS OF LAW. THE COMMISSION CONCLUDES THAT NOTICE AND WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING COMMISSION JURISDICTION OVER THESE PROCEEDINGS AND THE PROPERTY IS SUBSTANDARD.

PURSUANT TO CHAPTER THREE, BUILDING REGULATIONS OF THE CODE AND THE IPMC.

DUE TO THE VIOLATIONS, VIOLATION CONDITIONS IDENTIFIED IN THE CODE VIOLATION INVENTORY AND THE PROPERTY IN ITS CURRENT CONDITION IS UNFIT FOR HUMAN USE AND HABITATION AND A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE, AND THE PROPERTY ALSO CONSTITUTES A PUBLIC NUISANCE VIOLATION DUE TO THE VIOLATION CONDITIONS QUESTIONS IDENTIFIED IN THE CODE VIOLATION INVENTORY AND PURSUANT TO CHAPTER 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE. THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY, BUILDING STRUCTURE AND PREMISES LOCATED THEREON TO COME INTO COMPLIANCE WITH THE CODE, AND PURSUANT TO CHAPTER 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY, BUILDING STRUCTURE AND PREMISES LOCATED THEREON TO BE DEMOLISHED IN PURSUANT TO CHAPTER 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE. THE COMMISSION HAS THE AUTHORITY TO PRESERVE THE PUBLIC SAFETY AND ENFORCE THE BUILDING CODE VIOLATIONS IN CONNECTION WITH THE CONDITION, USE OR APPEARANCE OF THE PROPERTY IN THE CITY.

[01:30:02]

AND PURSUANT TO CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER OR DIRECT THE BUILDING OFFICIAL OF THE CITY OR HIS DESIGNEE, TO ENFORCE AND CARRY OUT THE LAWFUL ORDERS OF THE COMMISSION. THREE ORDERS OF THE COMMISSION. IT IS THEREFORE ORDERED THAT COMPLAINT AGAINST THE PROPERTY BROUGHT BY THE BUILDING OFFICIAL OR DIRECTOR OR THEIR DESIGNEE FOR THE CITY IS ON ALL THINGS SUSTAINED.

IT IS FURTHER ORDERED THAT THE THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THEREON INTO COMPLIANCE WITH THE CODE.

THE IPMC, THE INTERNATIONAL FIRE CODES AND OTHER CODES LISTED IN THE CODE VIOLATION INVENTORY ATTACHED AS EXHIBIT A BY DEMOLISHING THE DANGEROUS STRUCTURE LOCATED ON THE PROPERTY WITHIN 30 DAYS OF THE DATE OF THIS ORDER.

IT IS THEREFORE ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THEREON IMMEDIATELY SECURE THE PROPERTY, THE BUILDING STRUCTURE PREMISES THEREON TO PREVENT UNAUTHORIZED ACCESS AND IF OWNER, SUBSEQUENT OWNER OR ANY SUBSEQUENT PURCHASE OF THE PROPERTY FAILS TO COMPLY WITHIN THREE DAYS OF THIS ORDER, THE CITY MAY SECURE THE PROPERTY. IT IS FURTHER ORDERED THAT THE OWNER, SUBSEQUENT OWNER OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY.

THE BUILDING STRUCTURE AND PREMISE THEREON IMMEDIATELY ENSURE ALL UTILITIES ON THE PROPERTY ARE DISCONNECTED, IF DEEMED NECESSARY, BY THE BUILDING OFFICIAL OR DIRECTOR OF THE CITY OR HIS DESIGNEE, AND THAT IN SUCH CASE, OWNER SUBSEQUENT OWNER, ANY SUBSEQUENT PURCHASER OF THE PROPERTY FAILS TO COMPLY.

WITHIN THREE DAYS OF THIS ORDER, THE CITY MAY ENSURE ALL UTILITIES TO THE PROPERTY ARE DISCONNECTED. IT IS FURTHER ORDERED THAT IN THE EVENT THE OWNER, SUBSEQUENT OWNER OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY SHALL FAIL TO COMPLY WITH THIS ORDER IN THE ALLOTTED TIME, THEN THE OWNER, LIENHOLDER OR OTHER INTERESTED PARTIES SHALL HAVE THE SAME OBLIGATION TO COMPLY WITH THIS ORDER WITHIN 30 DAYS THEREAFTER, AND FAILING THAT, THE CITY SHALL BE EMPOWERED TO ABATE THE VIOLATIONS LISTED IN THE CODE VIOLATION INVENTORY BY DEMOLISHING THE STRUCTURE AT ANY TIME THEREAFTER WITHOUT FURTHER NOTICE, AND ALL COSTS INCURRED SHALL BE CHARGED AGAINST THE PROPERTY AS A LIEN.

IN ADDITION, A COPY OF THIS ORDER SHALL BE PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN TEN CALENDAR DAYS OF THE MAILING OF THE COPY OF THE ORDER, AND THREE FILED IN THE OFFICE OF THE CITY SECRETARY, ORDERED THIS DAY, THE 13TH OF NOVEMBER, 2025.

THANK YOU, MR. SMITH. ALL RIGHT. COMMISSION, DO WE HAVE ANY ADJUSTMENTS, SUGGESTIONS, CHANGES TO THIS ORDER, AS IT IS STATED? AS IT HAS BEEN STATED.

I DO HAVE JUST A SLIGHT LANGUAGE CHANGE. CAN WE ADD INTO THE ORDER NOT ONLY THE DEMOLITION, BUT THE REMOVAL OF ALL DEBRIS, POSSESSIONS AND PERSONAL PROPERTY? OR IS THAT NECESSARY? WE CAN ADD THAT. THANK YOU.

AND I'D ALSO LIKE TO ASK IF WE CAN ADD IN IF THE CITY DOES HAVE TO TAKE THE ACTION TO DEMOLISH THE PROPERTY, CAN WE PUT A TIME STAMP ON THAT AS WELL, PERHAPS BY JANUARY 1ST, 2026? I'M SORRY. WHAT DO YOU MEAN BY TIME STAMP? IF YOU DEMOLISH, IF THE OWNER DOES NOT DEMOLISH THE PROPERTY AND REMOVE ALL PERSONAL POSSESSIONS, DEBRIS, AND THE CITY HAS TO TAKE ACTION, THAT WE WILL PUT A TIMELINE ON THE CITY AS WELL, SO THAT ANY ACTIONS TAKEN BY THE CITY.

WE KNOW THAT WE'RE ON A TIMELINE TO GET THAT DONE AS WELL.

I WOULD REALLY HAVE TO DEFER TO THE ATTORNEY.

I WOULDN'T ADD A LIKE IF YOU ASK ME, I WOULDN'T ADD A TIMELINE FOR THE CITY.

BUT WE DO PLAN TO, YOU KNOW, WORK ON IT RIGHT AFTER THE 30 DAYS, IF THIS IS WHAT YOU'RE GOING TO DECIDE.

BUT I WOULDN'T REALLY, YOU KNOW, PUT A TIMELINE FOR THE CITY STAFF.

STRUCTURALLY, I DON'T REALLY THINK THAT WOULD WORK OR BE ENFORCEABLE ANYWAY.

OKAY. THANK YOU. OKAY, SO THE ONLY ADJUSTMENT I HAVE IS TO ADD.

AND THE REMOVAL OF ALL DEBRIS, PERSONAL PROPERTY AND POSSESSIONS TO THE ORDER.

I DON'T BELIEVE WE HAVE ANYTHING ELSE. IS THAT OKAY? ALL RIGHTY. DO WE NEED TO READ THAT SPECIFIC FINDING IN ORDER INTO THE RECORD? NO. BUT IF YOU ALL DECIDE TO MAKE A MOTION TO ADOPT THE FINDINGS IN ORDER, ADD READ AS READ INTO THE RECORD, JUST ADD ON TO YOUR MOTION. WHATEVER ADJUSTMENT YOU'RE YOU'RE ADDING.

THANK YOU. DO WE HAVE A MOTION TO APPROVE THE FINDINGS AS PRESENTED IN THE ORDER? YES. I'D LIKE TO MAKE A MOTION TO PROCEED WITH THE ORDER, AS AMENDED BY THE CHAIR.

[01:35:06]

THANK YOU. DO I HAVE A SECOND? I SECOND THE MOTION.

THANK YOU SO MUCH. I WILL PUT THIS TO A VOTE TO APPROVE OR ACCEPT THE FINDINGS AND ORDERS WITH THE ADJUSTMENTS AS MENTIONED.

DO I HAVE. MAY I SEE A SHOWING OF HANDS FOR THOSE WHO AGREE? DO WE HAVE ANY THAT DO NOT AGREE? ALL RIGHT. THAT VOTE PASSES.

I THINK THAT IS IT. FOR THAT CASE. WE HAVE THREE MORE THIS EVENING.

THANK YOU ALL FOR YOUR COMMENTS. EXCUSE ME.

[2. Conduct a public hearing to receive testimony and evidence to determine compliance with prior Building and Standards Commission orders and discussion and consideration on the adoption of an order assessing administrative penalties for the property located at 600 Peggs Street, DeSoto, Texas pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]

OUR NEXT ITEM ON THE AGENDA FOR TONIGHT IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE TO DETERMINE COMPLIANCE WITH PRIOR BUILDING AND STANDARD COMMISSION ORDERS, AND DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER ASSESSING ADMINISTRATIVE PENALTIES FOR THE PROPERTY LOCATED AT 600 PEG STREET IN DESOTO, TEXAS, PURSUANT TO THE COMMISSION'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO CODE OF ORDINANCES.

DO WE HAVE ANYONE WHO WILL BE TESTIFYING IN THIS CASE TONIGHT? MR.. YES, MA'AM, I WILL. YES, SIR. WILL YOU BE SENDING ME SOMETHING ABOUT THE DECISION OR GOING FORWARD? YES, WE'LL SEND THIS. THE CITY WILL TO. YES, SIR.

YES. THANK YOU. YES. I'LL BE TESTIFYING ON BEHALF OF THE CITY OF DESOTO.

ALL RIGHT. I'M GOING TO SWEAR YOU IN ONCE AGAIN FOR THIS IF YOU'LL RAISE YOUR RIGHT HAND.

DO YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU SIR. OKAY.

THANK YOU, MADAM CHAIR. WE'RE GOING TO HAVE A PRESENTATION FOR THIS CASE.

STAFF. IF YOU COULD PUT THE PRESENTATION ON THE SCREEN.

OKAY. PUBLIC HEARING PURPOSE. THIS IS TO PRESENT STAFF FINDINGS FINDING REGARDING THE NONCOMPLIANCE WITH THE BUILDING AND THE CENTER COMMISSION ORDERS THAT WAS ISSUED FOR THIS ADDRESS IN THE PAST, AND TO ACTUALLY ASSESS ADMINISTRATIVE PENALTIES.

THIS IS AGAIN UNDER CHAPTER THREE, SUBCHAPTER EIGHT.

YOU HAVE ON THE SECOND SLIDE, NUMBER THREE, YOU HAVE THE PROPERTY AND OWNER INFORMATION, PROPERTY ADDRESS, LEGAL DESCRIPTION, AND PROPERTY OWNER CASE TIMELINE.

PART ONE BACKGROUND. ON JUNE 1ST, 2023, WE RECEIVED COMPLAINTS AND REPORTS FROM RESIDENTS FOR IDLE CONSTRUCTION. BUILDING OFFICIAL CONFIRMED EXPIRED PERMITS AND UNSAFE STRUCTURE.

SO WE HAD ISSUED A PERMIT IN THE PAST BEFORE JUNE 1ST, 2023.

AND THEN, YOU KNOW, THE PERMIT WAS EXPIRED AND CONSTRUCTION WAS NOT COMPLETED.

SO THEN ON THE BUILDING OFFICIAL CAUGHT IT AND THEY TALKED TO THE CONTRACTOR.

CONTRACTOR PULLED ANOTHER PERMIT. STAFF REISSUED THE PERMIT AGAIN ON JULY 10TH, 2023.

FROM JULY 10TH, 2023 UNTIL AUGUST 2024. THAT'S LIKE A YEAR.

AND PROBABLY LIKE 19 DAYS. THE CONSTRUCTION WAS NOT COMPLETED, SO STAFF HELD A, A, A MEETING, A PUBLIC HEARING WITH THE BUILDING CENTER COMMISSION IN PROPERTY DECLARED SUBSTANDARD BY THIS COMMISSION.

THE COMMISSION ISSUED AN ORDER TO DEMO THE BUILDING.

AND THEN THAT WAS ON SEPTEMBER 29TH. YOU CAN SEE YOU CAN SEE SOME OF THE PICTURES HERE.

THOSE PICTURES ARE FROM JUNE 1ST, 2023. AND YOU CAN SEE BOTH PROPERTIES.

THIS IS THIS IS ONLY FOR 600 PIGS. BUT YOU KNOW, WE HAVE ANOTHER ITEM ON THE AGENDA THAT WOULD BE EXACTLY THE SAME, BUT IT WOULD BE FOR THE OTHER PROPERTY. 604. SO YOU SEE SOME SOME OF THE PICTURES FOR BOTH PROPERTIES.

NOW PART NUMBER TWO. SO WE HAVE FROM SEPTEMBER 29TH, 2024 UNTIL NOVEMBER 25TH.

THIS IS WHEN THE COMMISSION OR YOU KNOW, ISSUED AN AMENDMENT TO THE ORDER.

AND THEN THEY GAVE 90 DAYS EXTENSION TO THE CONTRACTOR.

AND BASICALLY IT WAS AN ORDER TO EITHER DEMO THE BUILDING OR STAFF TO ASSESS FEES OF $1,000 PER DAY PER BUILDING.

WE WERE TALKING ABOUT TWO DIFFERENT BUILDINGS, AND THE ORDER WAS TO ACTUALLY AUTHORIZE STAFF TO ASSESS PENALTIES OF $1,000 PER BUILDING PER DAY. SO THAT THAT HAPPENED ON NOVEMBER 25TH, 2024, UNTIL JUNE 20TH.

[01:40:03]

JUNE 25TH, 2025. NOTHING HAPPENED. CONSTRUCTION WAS NOT COMPLETED.

IT WAS KIND OF A GRACE PERIOD BY A PREVIOUS STAFF.

THEN WE JOINED THE CITY. WE WORKED ON THIS CASE.

WE GAVE THE THE CONTRACTOR LIKE A FEW WEEKS TO, YOU KNOW, ACTIVELY WORK ON THE CONSTRUCTION.

AND WE TOLD THEM JUNE, WE ISSUED A NOTICE AND WE TOLD THEM, LIKE ON JUNE 25TH, IF YOU'RE NOT DONE WITH THE CONSTRUCTION, IF YOU IF YOU'RE NOT SCHEDULING YOUR FINAL INSPECTIONS, THEN WE WOULD, YOU KNOW, WE WOULD PURSUE THE ORDER THAT WE HAVE.

WE ALREADY HAVE FROM THE BUILDING COMMISSION AND GO AFTER THE $1,000 PER DAY PER BUILDING.

SO THEN FROM JUNE 25TH UNTIL JUNE, AUGUST 20TH, THIS IS WHEN THE BUILDING BROUGHT TO COMPLIANCE.

WE'RE TALKING ABOUT 57 DAYS. I HAVE IN THE ATTACHMENT A BREAKDOWN FOR ALL DAYS FOR THE CASE, AND ALONG WITH THE WITH THE DOLLARS THAT ACTUALLY SHOWS YOU THE TOTAL AMOUNT OF DOLLAR PER BUILDING.

AND THEN AGAIN, WE'RE HERE TONIGHT TO ACTUALLY CLOSE THE CASE.

AND, YOU KNOW, ASK THE COMMISSION TO DETERMINE THE ADMINISTRATIVE PENALTIES.

CAN SEE SOME PICTURES. THOSE ARE ON AUGUST 20TH WHEN THE BUILDING BROUGHT TO COMPLIANCE.

AND AGAIN YOU SEE BOTH BUILDINGS. IT'S THE NEXT PRESENTATION IS GOING TO BE EXACTLY THE SAME.

OKAY. AND THEN NONCOMPLIANCE AGAIN. GRACE PERIOD ENDED IN JUNE 24TH.

PENALTIES STARTED ON JUNE 25TH WITH THE NOTICE SENT TO TO THE CONTRACTOR.

AND THEN, YOU KNOW, FINALLY THEY BROUGHT THE BUILDING COMPLIANCE ON AUGUST 20TH.

TOTAL DAYS 57. WE'RE TALKING ABOUT $7,000 PER BUILDING.

WE HAVE TWO BUILDINGS. OKAY. PUBLIC NOTICE AND LEGAL REQUIREMENTS.

STAFF MET ALL THE REQUIREMENTS FROM CITY ORDINANCES AND STATE REGULATIONS, INCLUDING CERTIFIED MAINTENANCE, ON SITE POSTS, AND COMPLETED PUBLIC PUBLICATION AND DAILY COMMERCIAL RECORDS AND AGENDA POSTING.

OUR RECOMMENDATION TONIGHT FOR THE FIRST BUILDING IS TO FOR THE BUILDING COMMISSION BUILDING AND CENTER COMMISSION TO CONFIRM THE 57 DAYS OF NONCOMPLIANCE PERIOD FROM JUNE 20TH 5TH TO AUGUST 20TH, AND THE SECOND IS TO ACTUALLY ASSESS APPROPRIATE ADMINISTRATIVE PENALTIES.

SO, YOU KNOW, WE DO UNDERSTAND, YOU KNOW, WE'RE HAVING 57 K, BUT IT WOULD BE UP TO YOU ALL WHETHER YOU WANT TO GO WITH THIS 57 K, $57,000 PER BUILDING OR YOU WANT TO REDUCE IT OR YOU CAN, YOU HAVE THE ABILITY TO ACTUALLY ELIMINATE IT.

SO OUR RECOMMENDATION IS TO ASSESS THE APPROPRIATE ADMINISTRATIVE PENALTIES, ADOPT A FINAL ORDER REQUIRING PAYMENT OF THE PENALTY IN FULL WITHIN 90 DAYS. SO WE'RE LOOKING FOR IS FOR YOU ALL TO COMMIT TO CONFIRM THE 57 DAYS.

THAT'S THE FIRST RECOMMENDATION. AND THEN TO ASSESS THE APPROPRIATE PENALTIES.

AND THEN THIRD IS TO ACTUALLY TELL THE CONTRACTOR, HEY, YOU HAVE 90 DAYS TO MAKE THE PAYMENT.

AND IF YOU DON'T MAKE IT, THEN, YOU KNOW, WE'LL HAVE TO GO TO THE COURT.

AND THEN THE LAST RECOMMENDATION IS TO CLOSE THE CASE.

SO THEN, YOU KNOW, WE'RE NOT TAKING IT BACK TO THE BUILDING CENTER COMMISSION UNLESS WE HAVE TO. HAPPY TO TAKE ANY QUESTIONS.

I DON'T KNOW IF THE APPLICANT IS HERE OR THE CONTRACTOR, BUT IF HE IS HERE AND HE WANTS TO PRESENT ANY INFORMATION, HE'S MORE THAN WELCOME TO DO SO. MR.. COULD YOU REPEAT WHAT YOU SAID ABOUT A GRACE PERIOD? YOU SAID PREVIOUS STAFF DID WHAT? SO, YOU KNOW, LET ME GO BACK TO THAT SLIDE.

WHAT HAPPENED? YOU KNOW, THIS COMMISSION ISSUED THE AMENDMENT TO THE ORDER ON NOVEMBER 25TH, 2024. BUT, YOU KNOW, WE DID NOT ASSESS THE PENALTY FEES FROM THAT TIME UNTIL JUNE 25TH, 2025.

THANK YOU. ANY OTHER QUESTIONS? WHEN THE THE NOTICES WERE SENT OUT TO THE CONSTRUCTION COMPANY, WERE THERE ANY RESPONSES OR ANYTHING LIKE THAT? OH GOOD QUESTION. WE DID NOT RECEIVE A RESPONSE, BUT WE'VE BEEN IN CONTACT WITH THE WITH THE CONTRACTOR IN THE PAST.

AND, YOU KNOW, THEY'RE AWARE THEY WERE HERE ACTUALLY LAST TIME WHEN WE DIDN'T HAVE A QUORUM.

I DON'T KNOW IF THEY'RE HERE TONIGHT AND, YOU KNOW, THEY ARE, THEN, YOU KNOW, I WOULD DEFINITELY RECOMMEND THEM TO COME TO THE PODIUM.

BUT JUST TO BE CORRECT, THEY NEVER RESPONDED TO ANY OF THE NOTICES.

[01:45:03]

I DID NOT GET ANY RESPONSE AND IF STAFF RECEIVED ANY RESPONSE FROM THEM, FEEL FREE TO CHIME IN AND LET US KNOW.

I HAVE A COMMENT. JACKIE COLTON I'M THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, SO THE CONTRACTOR, WE HAVE HAD CONVERSATIONS WITH THEM ALONG THE WAY.

AND AS MR. CASEY SAID, HE HAD APPEARED AT PREVIOUSLY SCHEDULED HEARINGS, BUT HE'S NOT HERE TONIGHT. SO DO YOU HAVE A PARTICULAR QUESTION REGARDING HIS RESPONSE? NO, I JUST WANTED TO SEE IF HE WAS, YOU KNOW, IN COMMUNICATION WHEN HE WAS RECEIVING THE LETTERS FROM THE CITY ABOUT HAVING EVERYTHING AND, YOU KNOW, IN COMPLIANCE BY THE CERTAIN DATES OR IF THEY WERE JUST IGNORING ALL OF THE NOTICES.

NO, HE HE WAS WORKING TO COMPLETE THE BUILDINGS AND SO WE WOULD RECEIVE FEEDBACK FROM HIM.

THANK YOU, MISS JACKIE. APPRECIATE IT. AND YOU KNOW, JUST TO ADD ON TO THIS, WE ACTUALLY SENT TWO NOTICES, ONE TO THE LUGS HOME, WHICH IS THE PROPERTY OWNER THAT YOU SEE AS PART OF THE ATTACHMENTS.

IT'S 1910 PACIFIC AVENUE. AND WE SENT ANOTHER NOTICE TO TO THE CONTRACTOR.

SO WE WANTED TO MAKE SURE THEY'RE AWARE OF OF TONIGHT'S PUBLIC HEARING.

ANY OTHER QUESTIONS FOR STAFF? YES, MA'AM. SO YOU'RE SAYING LET'S TALK ABOUT THE GRACE PERIOD.

SO WE DIDN'T DO. I'M SORRY. LET'S NOT TALK ABOUT THE GRACE PERIOD.

LET'S TALK ABOUT PRIOR TO NOVEMBER 25TH, 2024, ALL THE WAY TO JUNE.

WE DID NOT ASSESS ANY FEES OR ANY PENALTIES OR ANYTHING.

IS THAT CORRECT? NO, NO, BUT BUT IF THE COMMISSION, YOU KNOW, DECIDES TO ADD THAT TO THE 57 K, IT'S GOING TO BE IT'S GOING TO BE A LOT OF MONEY.

I JUST WANT TO MAKE SURE THAT WE'VE ALREADY GIVEN A GRACE AND MERCY PERIOD.

SO THAT'S WHY I WAS ASKING. THANK YOU SO MUCH.

IT'S A GREAT QUESTION. AND LET ME JUST RE-EMPHASIZE ON THIS.

AS YOU CAN SEE FROM FROM NOVEMBER 25TH, 2024, THIS COMMISSION ISSUED AN ORDER AND ALLOWED STAFF TO EITHER DEMO THE BUILDING OR, YOU KNOW, ASSESS $1,000 PENALTIES PER DAY PER BUILDING AND WITH AN EXTENSION OF 90 DAYS. SO BUT THEN, YOU KNOW, UNTIL JUNE 25TH AND WE CONTACTED THE CONTRACTOR AND BACK IN MAY, WE HAD WE YOU KNOW, WE'VE BEEN IN CONVERSATIONS ALONG THE WAY UNTIL WE WERE ABLE TO KIND OF BRING THE BUILDING INTO COMPLIANCE ON AUGUST 20TH.

AND JUST FOR A BIT OF HISTORY, THE GRACE PERIOD WAS PROVIDED BECAUSE THE CONTRACTOR WAS NEW TO A SITUATION THAT HAD BEEN ONGOING FOR SOME TIME.

SO WE DID SAY, HEY, WE KNOW YOU'RE NEW TO THIS.

HERE'S A GRACE PERIOD. I DO HAVE A QUESTION. SO THE PROPERTY WAS BROUGHT INTO COMPLIANCE ACCORDING TO CODE STANDARDS FOR THE STRUCTURE BEING COMPLETE, PLUMBING, THINGS OF THAT NATURE.

WERE THERE ANY DISCUSSIONS ABOUT, LIKE, UPKEEP OF THE PROPERTY POST THAT PERIOD, OR DOES IT DOES THE COMPLIANCE INSPECTION TAKE INTO ACCOUNT THE WAY THAT THE PROPERTY WAS MAINTAINED? BECAUSE I NOTICED I DRIVE BY IT PRETTY OFTEN, SO I NOTICED THAT THERE WAS SOME UPKEEP ISSUES OVER THE PAST FEW MONTHS AS WELL.

SO AND THEN WHAT KIND OF ISSUES, IF I MAY ASK? OVERGROWN GRASSES. A PORTA POTTY THAT'S STILL OUT IN FRONT.

GOOD QUESTION. SO WHAT WE DO, WE WE LOOK AT WHEN WE DO THE FINAL INSPECTIONS.

SO, YOU KNOW, THE PROCESS BASICALLY THEY APPLY FOR A PERMIT.

WE ISSUE THE PERMIT. THEY TAKE THE CONSTRUCTION PERMIT AND THEY START CONSTRUCTION.

AND THEN WE DO WE DO INSPECTIONS AND WE DO FINAL INSPECTIONS.

WE DO FINAL INSPECTIONS FOR EVERYTHING FOR THE DRIVEWAY AND, YOU KNOW, PLUMBING, MECHANICAL, ELECTRICAL, THE BUILDING ITSELF. BUT THEN AND THEN WE FINALIZE IT AND, YOU KNOW, WE BRING THE BUILDING INTO COMPLIANCE.

NOW, ANY ISSUES AFTER THAT? IF THERE'S LIKE A GRASS ISSUE, THAT WOULD BE CODE ENFORCEMENT.

SO THIS IS WHEN WE NOTIFY, YOU KNOW, CODE ENFORCEMENT.

THEY GO THERE AND ISSUE A VIOLATION. YOU KNOW, OUR NEW BUILDING OFFICIAL, MR. ANDREW LIPSCOMB, HE'S HERE TONIGHT. HE'S, YOU KNOW, HE STARTED ON MONDAY.

HE'LL REACH OUT TO CODE ENFORCEMENT AND LET THEM KNOW ABOUT ABOUT THIS KIND OF ISSUE.

AND, YOU KNOW, WE'LL WE'LL GET THAT TAKEN CARE OF.

THANK YOU. ANY OTHER QUESTIONS? OKAY. I BELIEVE WE SAID THERE ARE NO OTHER SPEAKERS.

[01:50:06]

BUT JUST TO ASK THE QUESTION, ARE THERE ANY OTHER OWNERS, LESSORS, OCCUPANTS, LIEN HOLDERS OR INTERESTED PARTY THAT WISH TO SPEAK ON THIS ITEM TONIGHT? AND I DO NOT HAVE ANY CITIZEN COMMENT CARDS ON THIS EITHER.

IS THERE ANYONE THAT WANTED TO SPEAK? ALL RIGHT.

OKAY, SO AT 753, I'LL CLOSE THE PUBLIC HEARING ON OUR SECOND AGENDA ITEM, AND I'LL ASK FOR REMARKS FROM THE COMMISSION MEMBERS. ARE THERE ANY OTHER COMMENTS OR THOUGHTS? THANK YOU. CAN WE READ THE ORDER AS PRESENTED? YOU DID A WONDERFUL JOB LAST TIME. THANK YOU.

I DON'T BELIEVE STAFF GAVE YOU A RECOMMENDATION ON THE FEE TO BE ASSESSED.

SO Y'ALL WOULD NEED TO DISCUSS THAT SO THAT I CAN READ IT AS APPROPRIATE.

OR IF YOU'RE GOING TO ASSESS A FINE AT ALL, I THINK MAYBE IT WOULD BE PRUDENT TO DISCUSS THAT AMONGST YOURSELVES PRIOR TO READING THE ORDER.

THANK YOU. IT'S STATED IN THE ORDER AS $57,000.

THAT'S THE MAXIMUM IT CAN BE. SO THAT'S THE WAY IT'S PROPOSED IN THE DRAFT.

OKAY. IF Y'ALL WANT TO ADDRESS YOU WANT OR IF Y'ALL WANT TO ADJUST OR NOT ASSESS, WE MAY WANT TO ESTABLISH THAT NOW SO THAT I CAN ADJUST THE PROPOSED ORDER AS NEEDED.

THANK YOU. ARE THERE ANY DESIRES TO CHANGE, ADJUST OR REMOVE THE AMOUNT? NO. ALL RIGHT. AN ORDER OF THE CITY OF DESOTO BUILDING STANDARDS COMMISSION. WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 600 PECK STREET, DESOTO, DALLAS COUNTY, TEXAS. WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, TEXAS. THE COMMISSION HAD A PROPERLY NOTICED MEETING, CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS, AND CHAPTERS 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, WHEREIN THE STRUCTURE LOCATED AT 600 PEG STREET, DESOTO, DALLAS COUNTY, TEXAS.

THE PROPERTY WAS AGENDA ITEM E2. LEGAL DESCRIPTION BEING LOT 27, BLOCK ONE, SHAMROCK GARDENS, IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS.

ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 24, PAGE 121 OF THE MAP RECORDS, DALLAS COUNTY, TEXAS. AND WHEREAS, PURSUANT TO THE HEARING ON THE 29TH DAY OF AUGUST 2024, THE COMMISSION ISSUED AN ORDER ON SEPTEMBER 29TH, 2024, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A, THE ORIGINAL ORDER.

AND WHEREAS THE COMMISSION HAD A PROPERLY NOTICED MEETING CONDUCTED THE SECOND PUBLIC HEARING ON THE 14TH DAY OF NOVEMBER, 2024, AT THE REQUEST OF THE PROPERTY OWNER, TO SEEK A MODIFICATION TO THE ORIGINAL ORDER TO ALLOW FOR THE ADDITIONAL 90 DAYS TO BRING THE PROPERTY INTO COMPLIANCE WITH MINIMUM BUILDING STANDARDS. AND WHEREAS, THE COMMISSION FOUND DURING THE NOVEMBER 14TH, 2024 HEARING CAUSED TO MODIFY THE ORIGINAL ORDER TO GRANT ADDITIONAL TIME FOR THE PROPERTY TO COME INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS. AND WHEREAS, PURSUANT TO THE HEARING ON THE 14TH DAY OF NOVEMBER 2024, THE COMMISSION ISSUED AN ORDER ON NOVEMBER 25TH, 2024, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT B, THE SECOND ORDER. AND WHEREAS THE COMMISSION HAD PROPERLY NOTICED, MEETING CONDUCTED A THIRD PUBLIC HEARING ON THE 13TH DAY OF NOVEMBER 2025 TO ADDRESS THE ASSESSMENT OF ADMINISTRATIVE PENALTIES FOR VIOLATING THE ORIGINAL ORDER AND SECOND ORDER.

AND WHEREAS THIS ORDER SHALL INCORPORATE THE FINDINGS OF FACT FROM THE ORIGINAL ORDER, AND WHEREAS THIS ORDER SHALL INCORPORATE THE CONCLUSIONS OF LAW FROM THE ORIGINAL ORDER.

AND WHEREAS THIS ORDER SHALL SUPERSEDE THE ORIGINAL ORDER AND SECOND ORDER, TO THE EXTENT THE ORDERS OF THE COMMISSION ARE MODIFIED HEREIN.

AND WHEREAS THE COMMISSION SPECIFICALLY FINDS THAT ALL PROPER NOTICES HAVE BEEN SENT TO OWNERS, LIEN HOLDERS, MORTGAGEES, OR OTHERS, PARTLY CONSISTENT WITH CITY ORDINANCE.

AND WHEREAS THE COMMISSION TAKES NOTICE OF AND INCORPORATES ALL EVIDENCE PRESENTED PRESENTED TO THE COMMISSION DURING THE AUGUST 29TH, 2024, NOVEMBER 14TH, 2024 AND NOVEMBER 13TH, 2025 HEARING, INCLUDING THE ISSUANCE OF NOTICES FOR ITS CONSIDERATION OF THIS MATTER, AND INCORPORATES THE SAME INTO THE BODY OF THIS ORDER FOR ALL INTENTS AND PURPOSES, ONE FINDING OF FACT NOTICE OF THE PROCEEDING IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED AND POSTED IN ACCORDANCE WITH LAW. THE CITY OF DESOTO CITY BROUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDINGS, STRUCTURES AND PREMISES. WHEREAS THE PROPERTY EXISTS IN SUBSTANDARD AND DANGEROUS CONDITION AND IS AN URBAN URBAN NUISANCE POSING A DANGER TO LIFE, HEALTH, WELFARE AND SAFETY OF PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY OF DESOTO CODE OF ORDINANCES CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC. IN. THE CURRENT OWNER OF THE PROPERTY IS LUX HOMES CORPORATION, THE OWNER WITH THE ADDRESS AS FOLLOWS 3502 EDGEWOOD STREET, DALLAS, TEXAS 75 5001 AND P.O. BOX, I DON'T KNOW, ADDISON, TEXAS 75001.

AND AFTER HEARING THE EVIDENCE AND REVIEWING THE ORIGINAL ORDER AND SECOND ORDER OF THE COMMISSION, VIOLATIONS OF THE CODE CONTINUED TO EXIST UNTIL AUGUST 20TH, 2025, AND AS SUCH, THE ORDERS WERE OF THE COMMISSION AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER, WERE NOT COMPLIED WITH BY THE DEADLINE OF FEBRUARY 23RD,

[01:55:04]

2025, AND THE ORIGINAL ORDER AND SECOND ORDER PROVIDED FOR THE ASSESSMENT OF ADMINISTRATIVE PENALTIES IN AN AMOUNT NOT NOT TO EXCEED $1,000 PER DAY FOR FAILURE TO COMPLY. AND THE CITY HAS REQUESTED ADMINISTRATIVE PENALTIES TO BE ASSESSED FROM JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025. TWO CONCLUSIONS OF LAW THE COMMISSION CONCLUDES THAT NOTICE WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING THE COMMISSION JURISDICTION OVER THESE PROCEEDINGS AND OWNER LIENHOLDER OR OTHER INTERESTED PARTY FAILED TO COMPLY WITH THE ORDERS OF THE COMMISSION, AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER.

AND PURSUANT TO CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO DETERMINE THE AMOUNT AND DURATION OF THE CIVIL PENALTIES THE CITY MAY RECOVER FOR VIOLATION OF ORDERS OF THE COMMISSION. THREE ORDERS OF THE COMMISSION.

NOW, THEREFORE, IT IS HEREBY ORDERED BY THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF DESOTO THAT.

IT IS THEREFORE ORDERED THAT THE RECITALS OF THIS ORDER ARE INCORPORATED HEREIN.

IT IS FURTHER ORDERED THAT THE ORDERS OF THE COMMISSION FROM THE ORIGINAL AND SECOND ORDER ARE INCORPORATED HEREIN.

IT IS FURTHER ORDERED THAT ADMINISTRATIVE PENALTIES SHALL BE ASSESSED AGAINST THE PROPERTY OWNER AND OWNER BETWEEN JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025, IN THE IN THE AMOUNT OF $1,000 PER DAY, FOR A TOTAL AMOUNT OF $57,000 TO BE PAID WITHIN 90 DAYS OF THE DATE OF THIS ORDER.

IT IS FURTHER ORDERED THAT THIS ORDER SHALL BE THE FINAL DECISION OF THE COMMISSION FOR THE APPELLATE DEADLINE PROVIDED IN SECTION 54.039 OF THE TEXAS LOCAL GOVERNMENT CODE.

NO CITY OFFICIAL OR EMPLOYEE IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS ORDER.

IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL. RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL, SHOULD THE CITY DEEM IT EFFECTIVE AT PROVIDING ADDITIONAL NOTICE. IN ADDITION, A COPY OF THIS ORDER SHALL BE PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN TEN CALENDAR DAYS. AFTER THE MAILING OF THE COPY OF THE ORDER AND THREE FILED IN THE CITY FILED IN THE OFFICE OF THE CITY SECRETARY.

IT IS FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER SHALL BE FILED BY THE CITY SECRETARY WITH THE DISTRICT CLERK OF DALLAS COUNTY, TEXAS ORDERED THIS 13TH DAY OF NOVEMBER, 2025. THANK YOU SO MUCH. I'LL DO THE NEXT TWO.

MAY I HAVE A MOTION TO APPROVE THE FINDINGS AND ORDER AS PRESENTED? A MOTION TO APPROVE. THANK YOU. WE HAVE A MOTION FROM MR. DENSON. AND MAY I HAVE A SECOND, PLEASE? SECOND.

I'M SORRY. WHO'S THAT? SECOND. SECOND. OKAY. AND A SECOND FROM COMMISSIONER DARDEN.

AND I'LL NOW TAKE A VOTE TO MAYOR SEE A SHOWING OF HANDS FOR THOSE WHO APPROVE THE ORDER AS PRESENTED.

AND THAT WOULD PASS. THANK YOU VERY MUCH. WE HAVE TWO MORE FOR THIS EVENING.

IT'S THE NEXT ONE. NEXT DOOR TO THIS ONE. WE'RE GOING TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE TO DETERMINE COMPLIANCE WITH PRIOR BUILDING AND STANDARDS

[3. Conduct a public hearing to receive testimony and evidence to determine compliance with prior Building and Standards Commission orders and discussion and consideration on the adoption of an order assessing administrative penalties for the property located at 604 Peggs Street, DeSoto, Texas pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]

COMMISSION ORDERS, AND DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER ASSESSING ADMINISTRATIVE PENALTIES FOR THE PROPERTY LOCATED AT 604 PECK STREET, DESOTO, TEXAS, PURSUANT TO THE COMMISSION'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO, COURT OF CODE OF ORDINANCES, AND I WILL SWEAR YOU IN JUST ONE MORE TIME, MAY YOU RAISE YOUR RIGHT HAND, PLEASE. AND DO YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO THANK YOU SO MUCH.

WE'LL HAVE A PRESENTATION FROM. THANK YOU, MADAM CHAIR.

I'M MATT CASEY AGAIN, DIRECTOR OF DEVELOPMENT SERVICES.

I WANT TO THANK YOU ONE MORE TIME FOR BEING HERE TONIGHT.

WE LOOK FORWARD TO THIS PARTNERSHIP AND WE APPRECIATE IT.

AND THANK YOU FOR YOUR SERVICE. I WANT TO CONGRATULATE YOU AGAIN FOR BEING ELECTED TO BE THE CHAIR AND VICE CHAIR AND THE NEW COMMISSIONER AS WELL.

THIS IS THIS IS GOING TO BE EXACTLY THE SAME CASE WE JUST PRESENTED, BUT IT WILL BE FOR THE KIND OF THE IDENTICAL OR SIMILAR BUILDING AT 604 PICKS. WHAT WE TALKED ABOUT THE THE PREVIOUS ITEM, IT WAS 600.

THIS IS 600 FOR. BEING EXACTLY THE SAME IN THE PURPOSE OF THE PUBLIC HEARING IS TO ASSESS THE ADMINISTRATIVE PENALTIES. AND THIS IS UNDER CHAPTER THREE, SUBCHAPTER OR ARTICLE 3.8 PROPERTY ADDRESS, LEGAL DESCRIPTION AND PROPERTY OWNER.

ON THE THIRD SLIDE, AS YOU CAN SEE. AND THEN THE TIMELINE, IT WOULD BE THE SAME JUNE 1ST,

[02:00:01]

2023 ALL THE WAY TO JULY 10TH, 2023, AUGUST, SEPTEMBER.

YOU CAN SEE THE SAME PICTURES. THIS IS THE OTHER TIMELINE.

AGAIN, YOU KNOW, WITH THE AMENDMENT OF THE ORDER THAT THIS COMMISSION ISSUED IN NOVEMBER 25TH, 2024, THE YOU YOU COMMISSIONERS AUTHORIZED STAFF TO EITHER DEMO THE BUILDING OR ASSESS PENALTIES OF $1,000 PER DAY PER BUILDING.

AND THEN WE ISSUED WE KIND OF SENT A NOTICE BEFORE JUNE 25TH.

WE WE DID LET THE CONTRACTOR KNOW, LIKE, HEY, IF YOU DON'T COMPLETE THE CONSTRUCTION, WE WILL HAVE TO GO WITH WITH THE OTHER OPTION ASSESSING THE FEES. SO ON JUNE 25TH, WE WE KIND OF CUT THE GRACE PERIOD AND WE STARTED THE $1,000 PENALTY PER DAY UNTIL AUGUST 20TH 20TH WHEN THE BUILDING WAS BROUGHT INTO COMPLIANCE.

THOSE PICTURES ARE TAKEN ON AUGUST 20TH. AND YOU CAN SEE THE GRASS IS, YOU KNOW, PRETTY GOOD THERE.

OKAY. THEN COMPLIANCE PERIOD BY THE CONTRACTOR, YOU KNOW, JUNE 24TH UNTIL, YOU KNOW, THEN THE PENALTY STARTED ON JUNE 20TH.

COMPLIANCE ACHIEVED ON AUGUST 20TH. FINALLY ON 2025.

TOTAL DAYS 57. MAXIMUM PENALTY $1,000 PER DAY.

MAXIMUM IS $57,000. THIS IS THE MAXIMUM THAT THIS COMMISSION CAN AUTHORIZE US TO ASSESS.

SO, YOU KNOW, IF YOU FEEL LIKE THIS IS THIS IS A LOT OF MONEY FOR TWO BUILDINGS, THEN THIS IS YOUR OPPORTUNITY TO EITHER ELIMINATE IT FOR THE SECOND BUILDING, GO WITH THE PERCENTAGE OR PORTION OF IT, OR YOU HAVE THE ABILITY TO ENTIRELY ASSESS THE 50,000 $57,000.

PUBLIC NOTICE AND LEGAL REQUIREMENT STAFF MET ALL THE REQUIREMENTS, INCLUDING CERTIFIED MAIL ON SITE POSTING COMPLETED AND, YOU KNOW, PUBLISHED IN DAILY COMMERCIAL RECORD ALONG WITH THE AGENDA POSTING AND OUR RECOMMENDATION TONIGHT WILL BE THE SAME.

CONFIRM THE 57 DAYS OF NONCOMPLIANCE. ASSESS APPROPRIATE FEES TO HAVE THE ABILITY TO EITHER GO WITH THE 57 OR ADJUST OR ELIMINATE. AND THEN AND THEN WHAT WE WANT TO MAKE SURE IS IF YOU AUTHORIZE US TO ASSESS PENALTIES, THEN WE WOULD LIKE FOR THE OWNER TO OR THE CONTRACTOR TO PAY THE PENALTIES WITHIN 90 DAYS IN FULL.

AND THEN WE ALSO RECOMMENDING TO CLOSE THE CASE.

OKAY. THAT WOULD BE IT. HAPPY TO TAKE ANY QUESTIONS.

AND AGAIN, IF THE APPLICANT OR THE CONTRACTOR IS HERE OR THE OWNER OR THE OWNER REP, I WOULD REALLY RECOMMEND THEM TO COME TO THE PODIUM.

THANK YOU. I NEGLECTED TO OPEN THE HEARING. CAN WE PUT THAT FOR 8:01 P.M.? THANK YOU. ARE THERE ANY OTHER QUESTIONS FOR STAFF? AND I DON'T BELIEVE ANYONE HAS SHOWN UP. BUT ARE THERE ANY OWNERS, LESSORS, OCCUPANTS, LIEN HOLDERS OR INTERESTED PARTIES THAT WOULD LIKE TO STEP TO THE PODIUM OR CITIZEN COMMENTS? OKAY. THANK YOU. I WILL CLOSE THE PUBLIC HEARING ON THIS AT 807.

ALL RIGHT. ARE THERE ANY OTHER REMARKS FROM THE COMMISSION ON THIS OR QUESTIONS? YOU HAVE THE ADDITIONAL ORDER. I'LL READ IT. I'LL DO IT.

THANK YOU. THIS ONE. THANK YOU. A COUPLE OF EDITS.

THREE. OKAY. I'M GOING TO READ THE ORDER, AS STATED IN ORDER OF THE CITY OF DESOTO BUILDING AND STANDARDS COMMISSION, WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 604 PEG STREET, DESOTO, DALLAS COUNTY, TEXAS. WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO.

THE COMMISSION HAD A PROPERLY NOTICED MEETING, CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH, 2025, PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.800 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS, AND CHAPTERS 54 AND 214 OF THE TEXAS LOCAL GOVERNMENT CODE, WHEREIN THE STRUCTURE LOCATED AT 604 PECK STREET, DESOTO, DALLAS COUNTY, TEXAS. THE PROPERTY WAS AGENDA ITEM NUMBER E THREE, ACTUALLY LEGAL DESCRIPTION BEING LOT 26, BLOCK ONE SHAMROCK GARDENS, IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS.

ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 24, PAGE 121 OF THE MAP RECORDS, DALLAS COUNTY, TEXAS. AND WHEREAS, PURSUANT TO THE PURSUANT TO THE HEARING ON THE 29TH DAY OF AUGUST 2024,

[02:05:01]

THE COMMISSION ISSUED AN ORDER ON SEPTEMBER 29TH, 2024, ATTACHED TIER TWO AND INCORPORATED HEREIN AS EXHIBIT A, THE ORIGINAL ORDER. AND WHEREAS, THE COMMISSION AT A PROPERLY NOTICED MEETING, CONDUCTED A SECOND PUBLIC HEARING ON THE 14TH DAY OF NOVEMBER 2024, AT THE REQUEST OF THE PROPERTY OWNER TO SEEK A MODIFICATION TO THE ORIGINAL ORDER TO ALLOW FOR AN ADDITIONAL 90 DAYS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS. AND WHEREAS, THE COMMISSION FOUND DURING THE NOVEMBER 14TH, 2024 HEARING CAUSED TO MODIFY THE ORIGINAL ORDER TO GRANT ADDITIONAL TIME FOR THE PROPERTY OWNER TO COME INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS.

AND WHEREAS, PURSUANT TO THE HEARING ON THE 14TH DAY OF NOVEMBER 2024, THE COMMISSION ISSUED AN ORDER ON NOVEMBER 25TH, 2024 ATTACHED TIER TWO AND INCORPORATED HEREIN AS EXHIBIT B, THE SECOND ORDER.

AND WHEREAS, THE COMMISSION AT A PROPERLY NOTICED MEETING, CONDUCTED A THIRD PUBLIC HEARING ON THE 13TH DAY OF NOVEMBER 2025 TO ADDRESS THE ASSESSMENT OF ADMINISTRATIVE PENALTIES FOR VIOLATING THE ORIGINAL ORDER AND SECOND ORDER.

AND WHEREAS THIS ORDER SHALL INCORPORATE THE FINDINGS OF FACT FROM THE ORIGINAL ORDER.

AND WHEREAS THIS ORDER SHALL INCORPORATE THE CONCLUSIONS OF LAW FROM THE ORIGINAL ORDER.

AND WHEREAS THIS ORDER SHALL SUPERSEDE THE ORIGINAL ORDER AND SECOND ORDER, TO THE EXTENT THE ORDERS OF THE COMMISSION ARE MODIFIED HEREIN.

AND WHEREAS THE COMMISSION SPECIFICALLY FINDS THAT ALL PROPER NOTICES HAVE BEEN SENT TO OWNERS, LIEN HOLDERS, MORTGAGEES AND OTHER INTERESTED PARTIES CONSISTENT WITH CITY ORDINANCES.

AND WHEREAS, THE COMMISSION TAKES NOTICE OF AND INCORPORATES ALL EVIDENCE PRESENTED TO THE COMMISSION DURING THE AUGUST 29TH, 2024, NOVEMBER 14TH, 2024 AND NOVEMBER 13TH, 2025 HEARING, INCLUDING THE ISSUANCE OF NOTICES FOR ITS CONSIDERATION OF THIS MATTER, AND INCORPORATES THE SAME INTO THE BODY OF THE ORDER FOR ALL INTENTS AND PURPOSES.

ONE FINDING OF FACT ONE NOTICE. THE PROCEEDINGS IN THIS MATTER HAS BEEN NOTICE OF THE PROCEEDINGS IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED AND POSTED IN ACCORDANCE WITH LAW AND TO THE CITY OF DE SOTO CITY BOUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDING STRUCTURES AND PREMISES.

CODE OF ORDINANCES CODE, AND IN THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC AND THE CURRENT OWNER OF THE PROPERTY IS LUX HOMES CORPORATION, THE OWNER WITH ADDRESSES AS FOLLOWS 3502 EDGEWOOD STREET, DALLAS, TEXAS 75001 AND P.O.

BOX 15 021502, ADDISON, TEXAS 75001 AND AFTER HEARING THE EVIDENCE AND REVIEWING THE ORIGINAL ORDER AND SECOND ORDER OF THE COMMISSION, VIOLATIONS OF THE CODE CONTINUE TO EXIST UNTIL AUGUST 20TH, 2025, AND AS SUCH, THE ORDERS OF THE COMMISSION, AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER, WERE NOT COMPLIED WITH BY THE DEADLINE OF FEBRUARY 23RD, 2025, AND THE ORIGINAL ORDER AND SECOND ORDER PROVIDED FOR THE ASSESSMENT OF ADMINISTRATIVE PENALTIES IN AN AMOUNT NOT TO EXCEED $1,000 PER DAY FOR FAILURE TO COMPLY, AND THE CITY HAS REQUESTED ADMINISTRATIVE PENALTIES TO BE ASSESSED FROM JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025. TWO CONCLUSIONS OF LAW. THE COMMISSION CONCLUDES THAT NOTICE WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING COMMISSION JURISDICTION OVER THESE PROCEEDINGS, AND THE OWNER, LEASEHOLDER AND OTHER INTERESTED PARTY FAILED TO COMPLY WITH THE ORDERS OF THE COMMISSION AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER, AND PURSUANT TO CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE, AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE.

THE COMMISSION HAS AUTHORITY TO DETERMINE THE AMOUNT AND DURATION OF CIVIL PENALTIES THE CITY MAY RECOVER FOR VIOLATIONS OF ORDERS OF THE COMMISSION.

THREE ORDERS OF THE COMMISSION. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF DESOTO, THAT IT IS THEREFORE ORDERED THAT THE RECITALS OF THIS ORDER ARE INCORPORATED HEREIN.

IT IS FURTHER ORDERED THAT THE ORDERS OF THE COMMISSION FROM THE ORIGINAL AND SECOND ORDER ARE INCORPORATED HEREIN.

IT IS FURTHER ORDERED THAT THE ADMINISTRATIVE PENALTY SHALL BE ASSESSED AGAINST THE PROPERTY AND OWNER BETWEEN JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025, IN THE AMOUNT OF 1000 AND NO DOLLARS $1,000 PER DAY FOR A TOTAL AMOUNT OF $57,000, AND NO SENSE TO BE PAID WITHIN 90 DAYS OF THE DATE OF THIS ORDER.

IT IS FURTHER ORDERED THAT THIS ORDER SHALL BE THE FINAL DECISION OF THE COMMISSION FOR THE APPELLATE DEADLINE PROVIDED IN SECTION 54.039 OF THE TEXAS LOCAL GOVERNMENT CODE. NO CITY OFFICIAL OR EMPLOYEE IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS ORDER.

IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL.

RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL.

SHOULD THE CITY DEEM IT EFFECTIVE AT PROVIDING ADDITIONAL NOTICE.

IN ADDITION, A COPY OF THIS ORDER SHALL BE ONE PUBLISHED.

PUBLISHED ONE IN TIME. PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN TEN CALENDAR DAYS AFTER THE MAILING OF THE COPY OF THE ORDER AND FILED IN THE

[02:10:01]

OFFICE OF THE CITY SECRETARY. IT IS FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER SHALL BE FILED.

FILED BY THE CITY SECRETARY WITH THE DISTRICT CLERK OF DALLAS COUNTY, TEXAS ORDERED THIS 13TH DAY OF NOVEMBER, 2025. ALL RIGHT. MAY I HAVE A MOTION TO APPROVE THE FINDINGS AS READ? I MOVE TO. I MOVE THAT WE APPROVE THE FINDINGS THAT YOU'VE READ.

THANK YOU SO MUCH, MA'AM. WHAT IS YOUR LAST NAME AGAIN? EDWARDS. JOHNSON. EDWARDS. JOHNSON. NO HYPHEN.

OKAY. THANK YOU. FROM COMMISSIONER EDWARDS. JOHNSON.

WE HAVE A MOTION. DO I HAVE A SECOND? SECOND.

AND WE HAVE A SECOND FROM COMMISSIONER HAWKINS.

THANK YOU. I'M GOING TO GET IT ONE DAY. THE FIRST TIME.

ALL RIGHT. I WILL TAKE A VOTE. MAY I SEE A SHOWING OF HANDS TO ACCEPT THE MOTION AS PRESENTED? ALL RIGHT, THAT PASSES. THANK YOU SO MUCH. THANK YOU ALL FOR YOUR WORK IN PATIENTS.

TONIGHT. WE HAVE JUST ONE MORE TO GO. DONE. GREAT WORK TONIGHT.

THE FOURTH ITEM ON THE AGENDA FOR THE PUBLIC HEARING IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE ON A SUBSTANDARD PROPERTY STRUCTURE LOCATED AT 1415

[4. Conduct a public hearing to receive testimony and evidence on a substandard property/structure located at 1415 S. Hampton Rd., DeSoto, Texas, and discussion and consideration on the adoption of an order pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]

SOUTHAMPTON ROAD, DESOTO, TEXAS, AND A DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER PURSUANT TO THE COMMISSIONERS AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO CODE OF ORDINANCES. WE'LL OPEN THE PUBLIC HEARING ON THIS ONE AT 8:15 P.M..

OTHER THAN STAFF, IS THERE ANYONE ELSE THAT WILL BE SPEAKING ON THIS ITEM THIS EVENING? SIR, CAN YOU PLEASE APPROACH THE BENCH OR NOT? THE BENCH. THE PODIUM. THANK YOU. THANK YOU. I'LL NEED TO SWEAR BOTH OF YOU IN IF YOU'LL RAISE YOUR RIGHT HAND.

THANK YOU. DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU BOTH, SIR.

WE'LL CALL YOU UP IN JUST A MOMENT. THANK YOU, MR. CASEY. OKAY. IT'S ME AGAIN. I'M CASEY, THE DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT.

OKAY. PUBLIC HEARING PURPOSE AGAIN. WE HAVE ANOTHER PUBLIC HEARING TONIGHT FOR 1415 SOUTHAMPTON ROAD.

AND THIS IS UNDER CHAPTER THREE, ARTICLE 3.800.

HERE YOU CAN SEE THE PROPERTY ADDRESS ALONG WITH THE LEGAL DESCRIPTION AND THE PROPERTY OWNER.

INSPECTION AND VIOLATION OVERVIEW INSPECTION DATES.

WE WENT TO THE TO THE PROPERTY ON AUGUST 15TH, 2025, AND WE INSPECTED THE PROPERTY.

THE FINDINGS WERE THAT THE STRUCTURE DEEMED DANGEROUS OR SUBSTANDARD UNDER THE CITY CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE IN PMC 2021 EDITION FROM FROM INTERNATIONAL CODE OF COUNCIL, AND THAT WAS ADOPTED BY THE CITY COUNCIL.

VIOLATIONS OBSERVED. WE HAVE BROKEN OR UNSTABLE FRONT PORCH STEPS AND WINDOWS.

ENCLOSED PORCH CONSTRUCTED WITHOUT PERMIT, NOT UP TO CODE.