Building and Standards Commission orders demolition, fence for vacant Thunder Creek commercial property

The City of Austin Building and Standards Commission on Feb. 20 ordered demolition of the vacant commercial structure at 5338 Thunder Creek Road, giving the owner 55 days to obtain permits and remove the building and debris and directing a perimeter fence to be installed within 15 days.

The commission adopted findings of fact and conclusions of law and replaced staff's repair order with a demolition order after hearing staff testimony that the structure is an attractive nuisance and has continuing substandard conditions. Vice Chair Campbell moved for the demolition order and the commission approved the motion unanimously.

City code supervisor David Downing presented the case file, saying the complaint was opened in July 2023 after a 3-1-1 complaint and that the building had “damaged doors and windows which have been boarded over” and other conditions documented through inspections. Downing said staff had found the owner liable at an administrative hearing in December 2024 and that an incomplete demolition application had been under review since April 2024. Staff recommended an order requiring permits and repairs within 45 days and a civil penalty of $1,000 per week beginning if compliance was not achieved.

Architect Mincy Park, representing the owner, said the owner’s team had repeatedly submitted demolition permit applications that were rejected and had recently retained a permitting agent in Austin. “From the beginning, our plan was to demolish the existing structure,” Park told the commission, and said the owner’s general contractor had been unable to clear the site because of trespassers and safety concerns.

Commissioners and staff discussed changing the staff-recommended repair order to a demolition order. Vice Chair Campbell asked whether a demolition order would be more practical given the owner’s stated intent; Park said demolition was the preferred approach and that contractors were ready. Commissioner Tomlovich moved to extend the compliance period to 55 days; that amendment was adopted. The final motion directed that if the owner does not comply, the code official is authorized to proceed with demolition and that the city may assess expenses, file a lien, and recover costs. The motion also requires the owner to secure the property with a perimeter fence within 15 days; if the fence is not erected by the 16th day the order imposes a $250-per-week fine, with interest accruing at 10% per year on assessed amounts.

The commission recorded a unanimous vote in favor of the amended motion: 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 owner and the code official was authorized to enforce the deadlines in the order.

Staff and the owner were directed to remain in contact during the compliance period to coordinate inspections and permit processing. The commission’s order makes clear that demolition by the owner will close the repair/demolition case; if the owner fails to act the city may undertake demolition and recover costs.

Background: the case file includes an administrative finding of liability from December 2024, photographs taken by code staff including evidence of occupancy by persons experiencing homelessness, and an incomplete demolition permit application under review since April 2024. The property is adjacent to active commercial businesses and staff characterized the site as an ongoing public nuisance.

A copy of the commission’s adopted order will be mailed to the owner and the matter will return to staff for enforcement if the conditions are not met in the time set by the commission.