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Commission reduces nearly $95,000 penalty to $1 after owner demonstrates compliance and sale
Summary
The Building and Standards Commission reduced the accrued civil penalty on a repaired property at 503 W. 14th Street from $94,982.79 to $1 after the owner documented completed work and a recent sale of the property; the commission voted unanimously to approve penalty relief.
The City of Austin Building and Standards Commission on Feb. 20 granted near-complete penalty relief for the property at 503 West 14th Street, reducing an assessed civil penalty of $94,982.79 to $1 after staff confirmed the structure had come into compliance.
Inspector Farrah Presley told commissioners the case began in 2019 after a fire and that a repair order was issued in February 2020. The city previously recommended either demolition or continued enforcement; investigators concluded the owner ultimately completed the necessary exterior and roofing repairs and permitted work that satisfied the BSC order. Presley said the case had been ongoing since April 2019 and that the assessed penalty balance through the date of the meeting, including interest, was $94,982.79.
Denise Brady, the late owner’s widow who had been trustee and managed sale efforts, asked the commission for penalty relief, saying she lacked the financial resources to pay the full amount and that she had closed on a sale of the property the previous week. “I humbly request forgiveness of the penalties,” Brady said, describing the personal and medical circumstances that complicated completing work after her husband’s illness and death.
Chair Stowstad moved to adopt staff findings and reduce the penalty to $1; Commissioner Selig seconded the motion. Commissioners discussed the owner’s documented effort to complete repairs, the case’s characterization as low complexity by staff and the recent sale to a buyer who appeared by phone. The commission approved the motion unanimously: Commissioner Tomlovich (aye), Commissioner Lockhart (aye), Commissioner Ostalugo (aye), Commissioner Francis (aye), Commissioner Selig (aye), Vice Chair Campbell (aye) and Chair Timothy Stowstad (aye). The order will be mailed to the prior owner and the new owner as appropriate.
Staff had offered an alternative in the recommended order: to affirm the full civil penalty or reduce it and allow 30 days to pay the reduced amount; the commission chose to reduce the penalty to a nominal $1 and instructed staff to mail the amended order. The staff presentation referenced the recorded 2020 Building and Standards Commission order (record TRV2020088950) and pre- and post-compliance photographs.
Presley and the owner were advised how the amended order will be mailed and recorded. The commission’s action relieves the prior owner of the large assessed amount but preserves the commission’s recorded findings that the structure had been out of compliance before repairs were completed.
