* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          COMMITTEE, WELCOME TO 
          [00:00:01]
OUR SEPTEMBER MEETING IN ACCORDANCE 
          [Regulatory and Neighborhood Affairs Committee]
WITH THE PROVISIONS OF SECTION 5 5 1 1 2 7 OF THE TEXAS GOVERNMENT CODE APPLICABLE TO A GOVERNMENT BODY THAT EXTENDS INTO THREE OR MORE COUNTIES. 
          ALL OTHER COMMITTEE MEMBERS HAVE THE OPTION TO PARTICIPATE IN PERSON OR VIRTUALLY VIA MICROSOFT TEAMS. I'D LIKE TO MENTION, UH, WELCOME ALL COUNCIL MEMBERS IN ATTENDANCE. 
          MIKE VICE CHAIR, COUNCIL MEMBER AMY PECK FROM DISTRICT A. 
          WE HAVE STAFF FROM COUNCIL MEMBER PLUMMER'S OFFICE, STAFF FROM COUNCIL MEMBER ABBY CAYMAN'S, OFFICE STAFF FROM COUNCIL MEMBER MIKE KNOX'S OFFICE. 
          ALSO STAFF FROM DISTRICT E. 
          DAVE MARTIN AND STAFF FROM MAYOR PRO, VICE MAYOR, PRO TEM, MARTHA CASTEX, TATUM AND STAFF FROM AT LARGE THREE. 
          AND I THINK THAT'S EVERYBODY. 
          OKAY, GREAT. 
          WE WILL GET STARTED TODAY. 
          WE ARE GOING TO TALK ABOUT DEED RESTRICTIONS AND VERY EXCITED TO HAVE HEATHER COOK WITH US, SENIOR ASSISTANT CITY ATTORNEY IN THE LEGAL DEPARTMENT. 
          UM, I SAW HER DO A GREAT PRESENTATION AT THE SUPER NEIGHBORHOOD ALLIANCE, OR WE WERE AT SOME MEETING, I CAN'T REMEMBER WHICH MEETING, SUPER NEIGHBORHOOD MEETING. 
          AND, UM, AND I SAID, YOU NEED TO COME AND DO THIS. 
          AND THIS WAS ALSO, UM, COUNCIL MEMBER EVAN SHABAZZ REALLY, UM, UH, ENCOURAGED ME TO DO A MEETING ON THIS TOPIC. 
          SO I THANK HER FOR THAT. 
          AND WE, WITHOUT ANY FURTHER ADO, WE WILL START WITH HEATHER AND THEN WE WILL HAVE NANCY BREWER, UM, FROM HOUSTON PERMITTING AND HECTOR RODRIGUEZ FROM PLANNING AND DEVELOPMENT. 
          ALSO. 
          THESE ARE THE THREE DEPARTMENTS THAT REALLY DEAL AT ALL WITH, WITH DEED RESTRICTIONS IN THE CITY OF HOUSTON. 
          SO HEATHER WILL GIVE US AN OVERVIEW OF DEED RESTRICTION ENFORCEMENT BY THE CITY OF HOUSTON. 
          SHE'S ALSO JOINED BY NIJA IER, WHO LEADS THE DEPARTMENT, LEADS THE DIVISION. 
          CORRECT. 
          THE SECTION SECTION. 
          IT'S A LAW FIRM. 
          IT'S A SECTION. 
          OKAY. 
          THANK YOU. 
          HEATHER, GO AHEAD. 
          I NEED TO PUSH THIS. 
          THERE WE GO. 
          UM, THANK YOU SO MUCH FOR INVITING US HERE TODAY TO TALK ABOUT THE CITY OF HOUSTON'S DEED RESTRICTION ENFORCEMENT PROCESS. 
          TODAY, I WILL BE PROVIDING AN OVERVIEW OF THAT PROCESS, TALKING FIRST A LITTLE BIT ABOUT WHAT DEED RESTRICTIONS ARE, WHERE THEY CAN BE FOUND, WHO HAS AUTHORITY TO ENFORCE THEM, AND THEN HOW THE CITY'S LEGAL DEPARTMENT GETS INVOLVED IN THAT ENFORCEMENT PROCESS AND WHAT OUR PROCESS LOOKS LIKE. 
          UM, WHAT I WON'T BE DOING TODAY IS I WON'T BE TALKING ABOUT ANY SPECIFIC DEED RESTRICTION CASES, CURRENT OR PAST THAT WE MAY HAVE HANDLED. 
          WE DON'T HAVE AUTHORITY TO GIVE PRIVATE LEGAL ADVICE AT THIS MEETING, SO WE WON'T BE ABLE TO RUN HYPOTHETICALS AND THAT SORT OF THING. 
          AGAIN, OUR FOCUS IS JUST PROVIDING BACKGROUND INFORMATION ON THE CITY'S DEED RESTRICTION ENFORCEMENT PROCESS. 
          SO, FIRST SLIDE PLEASE. 
          SO LET'S TALK A LITTLE BIT ABOUT WHAT DEED RESTRICTIONS ARE. 
          THEY'RE ALSO REFERRED TO AS RESTRICTIVE COVENANTS, AND IT'S A COVENANT THAT RUNS WITH THE PROPERTY. 
          IT CAN AFFECT OWNERS OR TENANTS OF THE PROPERTY, AND IT BASICALLY LIMITS THE USE OF THE PROPERTY THAT, UM, THAT IT ENCUMBERS. 
          NEXT SLIDE. 
          THERE ARE LOTS OF DIFFERENT PLACES THAT YOU CAN FIND DEED RESTRICTIONS, DIFFERENT TYPES OF DEED RESTRICTION DOCUMENTS. 
          THERE MAY BE TINY FINE PRINT WRITTEN ON PLAT MAPS WHEN DEED, UH, NEIGHBORHOODS WERE FORMED AND ORIGINALLY PLATTED BY DEVELOPERS. 
          THEY MIGHT BE IN SEPARATE DEEDS. 
          THERE ARE SOME NEIGHBORHOODS THAT FILE DEED RESTRICTIONS IN THE FIRST DEEDS OUT FOR EACH PROPERTY AS THE PROPERTY IS SOLD BY THE DEVELOPER. 
          SOMETIMES IT'S A SEPARATELY FILED INSTRUMENT OR IT MIGHT BE AN AMENDMENT TO ANY OF THE ABOVE. 
          AND THOSE DEED RESTRICTION DOCUMENTS, THOSE ARE CONTAINED IN THE REAL PROPERTY RECORDS IN THE COUNTY WHERE THE PROPERTY IS LOCATED. 
          THE CITY OF HOUSTON DOES NOT MAINTAIN THE REAL PROPERTY RECORDS. 
          THAT'S ACTUALLY FOR THE COUNTY CLERK, AND THAT'S WHO MAINTAINS THOSE RECORDS. 
          THE COUNTY CLERKS LOCATED AT 2 0 1 CAROLINE, THEY ALSO HAVE A WONDERFUL DATABASE ONLINE WHERE PEOPLE CAN SEARCH BY GRANTEE OR GRANTOR, AND A LOT OF TIMES THEY CAN FIND THEIR DEED RESTRICTIONS THAT WAY. 
          AND THOSE ARE THE OFFICIAL COPIES OF THE DEED RESTRICTIONS OR RESTRICTIVE COVENANTS THAT MAY PERTAIN TO PROPERTY THAT YOU MAY OWN OR IN YOUR NEIGHBORHOOD. 
          ADDITIONALLY, AT CLOSING, PROPERTY OWNERS MAY HAVE RECEIVED A COPY OF THEIR DEED RESTRICTIONS AT CLOSING, PARTICULARLY IF THEY WORKED WITH THE TITLE COMPANY AT CLOSING. 
          THE TITLE COMPANY WILL USUALLY COMPILE THAT INFORMATION FOR THE RECIPIENT OR THE BUYER OF THE PROPERTY. 
          AND THEN A NUMBER OF NEIGHBORHOOD ASSOCIATIONS ARE VERY GOOD AT PROVIDING UNOFFICIAL COPIES. 
          SOMETIMES THEY, THEY DO THAT IN PRINT OR SOMETIMES THEY MAINTAIN THAT INFORMATION ON THEIR WEBSITES. 
          NEXT SLIDE. 
          SO A VERY IMPORTANT NOTE, UM, BEFORE I MOVE ON TO THIS SLIDE. 
          DEED RESTRICTIONS ARE PRIVATE CONTRACTS. 
          SO IT'S BA BASICALLY AN AGREEMENT AMONG MEMBERS OF A NEIGHBORHOOD TO ABIDE BY THOSE USE REQUIREMENTS IN THEIR NEIGHBORHOOD. 
          [00:05:01]
UM, AND SO DEED RESTRICTIONS CAN BE CREATED, AS I MENTIONED EARLIER, IT MIGHT BE FROM THE ORIGINAL DEVELOPER WHO CREATED THE DEED RESTRICTIONS WHEN THEY CREATED A NEIGHBORHOOD. 
          UM, AND BACK IN THE 1980S, THERE WERE A NUMBER OF NEIGHBORHOODS WITHIN THE HOUSTON AREA WHOSE DEED RESTRICTIONS HAD EXPIRED. 
          THEY WERE GOING TO EXPIRE 1880S. 
          THERE WERE A NUMBER OF NEIGHBORHOODS WITHIN THE HOUSTON AREA. 
          WE DEED RESTRICTIONS HAD EXPIRED. 
          ATED, I'M GONNA PAUSE FOR A MOMENT TIL WE YEAH, THANK YOU. 
          YEAH, I THINK YOU'RE GOOD TO GO. 
          OKAY. 
          UM, SO THEIR DEED RESTRICTIONS HAD EXPIRED. 
          THEY WERE GOING TO EXPIRE, OR PERHAPS THE NEIGHBORHOOD DIDN'T HAVE AN AMENDMENT PROVISION WITHIN THE DEED RESTRICTIONS. 
          AND SO OUR STATE LEGISLATURE GOT TOGETHER AND CREATED CHAPTER 2 0 1 OF THE PROPERTY CODE. 
          I'M NOT GOING TO GO INTO A LOT OF OF DETAIL ABOUT THIS PARTICULAR SECTION OF THE PROPERTY CODE, EXCEPT TO MENTION THAT IT CREATED A MEANS BY WHICH THOSE NEIGHBORHOODS WHO DIDN'T HAVE DEED RESTRICTIONS FOR WHATEVER REASON OR AN AMENDMENT PROVISION, COULD CREATE OR AMEND THOSE DEED RESTRICTIONS. 
          UM, THAT SECTION OF THE PROPERTY CODE ALLOWED AN OPT OUT. 
          SO PROPERTY OWNERS WHO AGREED THAT THE NEIGHBORHOOD WOULD BE BOUND BY THESE RESTRICTIONS COULD OPT THEIR PROPERTY OUT OF THOSE DEED RESTRICTIONS. 
          AND IT HAD A FAIRLY, FAIRLY LOW BAR FOR APPROVAL IN THE NEIGHBORHOOD FOR IT TO WORK. 
          UM, BUT WHAT SOME PEOPLE DIDN'T LIKE IS IT CREATED SORT OF A CHECKERBOARD AND CERTAIN NEIGHBORHOODS. 
          SO ABOUT 10 YEARS LATER, IN 1995, SECTION 2 0 4 OF THE PROPERTY CODE WAS CREATED. 
          IT DIDN'T HAVE THIS OPT-OUT, BUT IT FIRST REQUIRED CREATION OF A PROPERTY OWNER'S ASSOCIATION IN ORDER TO USE THAT PROVISION THAT HAD A LITTLE BIT HIGHER BAR FOR APPROVAL. 
          AND, AND PRIOR TO THE CREATION OF THOSE CHAPTERS AND THE PROPERTY CODE, A NEIGHBORHOOD WOULD HAVE TO GET 100% OF THE OWNERS TO AGREE TO CREATE RESTRICTIONS OR TO CHANGE RESTRICTIONS IF THEY DIDN'T HAVE A PROVISION IN THEIR DEED RESTRICTION DOCUMENTS THAT PROVIDED OTHERWISE. 
          SO THESE WERE VERY IMPORTANT TOOLS THAT WERE WORKED INTO THE PROPERTY CODE. 
          SO WHO CAN ENFORCE DEED RESTRICTIONS? NEXT SLIDE, PLEASE. 
          UM, AN INDIVIDUAL PROPERTY OWNER CAN ENFORCE DEED RESTRICTIONS AND NEIGHBORHOOD ASSOCIATIONS CAN ENFORCE DEED RESTRICTIONS. 
          AND IN SOME INSTANCES, THE CITY ATTORNEY'S OFFICE HAS BEEN GIVEN LIMITED DEED RESTRICTION ENFORCEMENT AUTHORITY. 
          SO LET'S TALK A LITTLE BIT ABOUT THAT NEXT SLIDE. 
          SO, AS I MENTIONED EARLIER, THESE ARE PRIVATE RESTRICTIONS. 
          THESE ARE PRIVATE AGREEMENTS BETWEEN NEIGHBORS, BUT, UH, OUR STATE LEGISLATURE GAVE THE CITY OF HOUSTON AND OUR ATTORNEY'S OFFICE SOME LIMITED DEED RESTRICTION ENFORCEMENT AUTHORITY. 
          AND THAT COMES FROM TEXAS LOCAL GOVERNMENT CODE TWO 12.151 AND THE SUBSEQUENT PROVISIONS. 
          UM, AS YOU ALL KNOW, WE DO NOT HAVE ZONING IN THE CITY OF HOUSTON. 
          AND SO DEED RESTRICTION ENFORCEMENT IS A VERY IMPORTANT MEANS BY WHICH, WHICH THE CITY OF HOUSTON CAN, YOU KNOW, ENFORCE LAND USE RESTRICTIONS. 
          UM, AND AGAIN, THESE RESTRICTIONS ARE CREATED BY RESIDENTS. 
          NEXT SLIDE. 
          SO HERE'S A LIST OF SOME COMMON DEED RESTRICTION PROVISIONS. 
          UM, THEY MIGHT LIMIT, UH, USE OF PROPERTY TO COMMERCIAL VERSUS RESIDENTIAL USE. 
          THEY MIGHT ESTABLISH THE NUMBER AND TYPES OF BUILDINGS ALLOWED ON LOTS SINGLE FAMILY DWELLINGS, MULTIFAMILY DWELLINGS, OR EVEN COMMERCIAL BUILDINGS. 
          THEY MIGHT CREATE SETBACK LINES. 
          THEY MIGHT PROHIBIT CERTAIN ACTIVITIES LIKE NOXIOUS, OFFENSIVE AND LEWD ACTIVITY. 
          THEY MAY HAVE ARCHITECTURAL REQUIREMENTS LIKE MASONRY, UH, PERCENTAGES ON THE FRONTS OF BUILDINGS. 
          AND FINALLY, THEY MIGHT PROVIDE FOR REGULAR MAINTENANCE OF HOMES AND YARDS. 
          NEXT SLIDE. 
          NOW, UNFORTUNATELY, THE CITY OF HOUSTON DOESN'T HAVE AUTHORITY TO ENFORCE ALL OF THOSE TYPES OF PROVISIONS. 
          AND SO THE NEXT SLIDE SHOWS YOU WHICH TYPES OF PROVISIONS THE CITY OF HOUSTON ATTORNEY'S OFFICE HAS THE AUTHORITY TO ENFORCE. 
          AND THOSE ARE CONTAINED IN OUR CODE OF ORDINANCES, SECTION 10.5 OR TEN FIVE FIVE THREE. 
          THE FIRST TYPE, AGAIN, THERE ARE FIVE MAIN TYPES. 
          THE FIRST IS USE. 
          WE'RE USUALLY TALKING ABOUT RESIDENTIAL VERSUS COMMERCIAL USE. 
          SOMETIMES IT'S SINGLE FAMILY VERSUS MULTIFAMILY BUILDING. 
          SETBACKS THE SIZE OF LOTS OR THE SIZE TYPE OR NUMBER OF STRUCTURES ON A LOT ORIENTATION OF A STRUCTURE. 
          THAT'S WHICH DIRECTION A STRUCTURE MUST FACE ON A LOT. 
          AND FINALLY, WE HAVE SOME VERY LIMITED AUTHORITY AS TO FENCE PROVISIONS. 
          PERHAPS IT'S A SETBACK PROVISION OR A HEIGHT PROVISION THAT PERTAINS TO FENCES IN A NEIGHBORHOOD. 
          UM, BUT THE FENCE HAS TO REQUIRE A BUILDING PERMIT FOR US TO HAVE AUTHORITY TO ENFORCE. 
          SO IF WE'RE TALKING ABOUT BRICK STONE MASONRY, IT HAS TO BE OVER FOUR FEET IN HEIGHT FOR US TO HAVE ENFORCEMENT AUTHORITY. 
          IF IT'S WOOD OR WR IRON, IT HAS TO BE OVER EIGHT 
          [00:10:01]
FEET IN HEIGHT FOR US TO HAVE ENFORCEMENT AUTHORITY. 
          NEXT SLIDE. 
          AS I MENTIONED EARLIER, USE PROVISIONS ARE AMONG THE PROVISIONS WE HAVE THE AUTHORITY TO ENFORCE. 
          AND THE SIMPLE STORAGE OF CERTAIN TYPES OF VEHICLES ON A PROPERTY MAY BE ENOUGH TO TRIGGER THAT ENFORCEMENT ACTIVITY BY THE CITY OF HOUSTON. 
          AND I'VE GOT SOME PHOTOS HERE OF TYPES OF VEHICLES THAT MIGHT TRIGGER THAT ENFORCEMENT ACTIVITY. 
          UH, BOX TRUCKS, DUMP TRUCKS, SEMI TRACTOR TRUCKS. 
          UM, ALL OF THOSE ARE CONTAINED IN THE PROVISION OF THE LOCAL GOVERNMENT CODE TWO 12.1 53 THAT BASICALLY SAYS A PROPERTY OWNER CAN'T USE INCIDENTAL DEFENSE, UM, IF, IF THEY'RE BEING SUED FOR A DEED RESTRICTION RESIDENTIAL USE VIOLATION. 
          SO THE IDEA IS THAT THAT TYPE OF VEHICLE IS SO OFFENSIVE TO RESIDENTIAL USE, IT SHOULDN'T BE STORED ON RESIDENTIAL PROPERTY. 
          NEXT SLIDE. 
          ANOTHER THING THAT'S IN TWO 12. 
          1 5 3 ARE TRAILERS OVER 20 FEET. 
          UM, OH, AND CLICK ONE MORE. 
          THERE WE GO. 
          SO THE FIRST SHOWED YOU A BOAT TRAILER WE DON'T ENFORCE ON BOAT TRAILERS. 
          THOSE ARE CONSISTENT WITH RESIDENTIAL USE, BUT THE PICTURE ON THE RIGHT SHOWS YOU A WORK TRAILER THAT'S LOADED WITH EQUIPMENT AND SUPPLIES. 
          AND IF IT'S OVER 20 FEET, AGAIN, INCIDENTAL USE IS NOT A DEFENSE UNDER THE TEXAS LOCAL GOVERNMENT CODE. 
          AND WE MAY HAVE AUTHORITY TO HELP WITH THOSE TYPES OF TRAILERS. 
          NEXT SLIDE. 
          I MENTIONED ALREADY THAT, UH, THE TYPE OF RESIDENTIAL USE, UM, DEPENDING ON THE LANGUAGE OF THE RESTRICTIONS, MAY BE SOMETHING WE CAN HELP WITH. 
          IT MIGHT BE RESIDENTIAL VERSUS SINGLE FAMILY RESIDENTIAL USE. 
          AND THOSE ARE TERMS OF ART. 
          THEY ARE LEGAL TERMS OF ART. 
          AND WE WILL LOOK AT THE LANGUAGE OF THE RESTRICTIONS IN QUESTION AND MAKE A DETERMINATION IF IT'S SOMETHING WE CAN HELP WITH. 
          NEXT SLIDE. 
          SO I'VE GOT A SHORT LIST OF SOME TYPES OF DEED RESTRICTION PROVISIONS THAT UNFORTUNATELY, UM, THE CITY ATTORNEY'S OFFICE DOES NOT HAVE AUTHORITY TO ENFORCE AT THIS TIME. 
          UM, THERE ARE LOTS OF DIFFERENT TYPES OF DEED RESTRICTION PROVISIONS THAT MAY BE WITHIN YOUR DEED RESTRICTION DOCUMENTS. 
          THEY MAY BE PERFECTLY VALID, THEY MAY BE PERFECTLY ENFORCEABLE. 
          THEY'RE JUST NOT THINGS THAT THE CITY ATTORNEY'S OFFICE HAS BEEN GIVEN AUTHORITY BY OUR LEGISLATURE AND OUR LOCAL ORDINANCE TO, TO HELP WITH. 
          SO, UM, SUBMISSION OF PLANS. 
          A LOT OF NEIGHBORHOODS HAVE PROVISIONS THAT REQUIRE BUILDERS AND PROPERTY OWNERS TO SUBMIT THEIR PLANS FOR REVIEW BY THE NEIGHBORHOOD PRIOR TO BEGINNING CONSTRUCTION. 
          UM, CERTAINLY VERY HELPFUL TOOLS, BUT AGAIN, THE CITY DOESN'T HAVE AUTHORITY TO STEP IN AND HELP IN THOSE INSTANCES. 
          UM, ARCHITECTURAL CONTROLS, UM, CARS PARKED ON THE GRASS, JUNK MOTOR VEHICLES, HIGH GRASS ANIMAL ISSUES. 
          AGAIN, THOSE ARE ALL THINGS WE DON'T HAVE AUTHORITY TO ENFORCE. 
          HOWEVER, WE DO OUR BEST TO CONNECT PEOPLE WITH RESOURCES THAT MAY BE ABLE TO HELP. 
          THERE MAY BE OTHER CITY DEPARTMENTS THAT CAN BE OF ASSISTANCE OR OTHER RESOURCES IN THE COMMUNITY WHERE, WHERE WE CAN POINT PEOPLE IN THE RIGHT DIRECTION. 
          NEXT SLIDE. 
          SO, LIKE I MENTIONED, WE ASSIST WITH ENFORCEMENT. 
          THERE ARE LOTS OF PEOPLE THAT MAY HAVE STANDING TO ENFORCE DEED RESTRICTIONS. 
          UM, BUT WE REPRESENT THE CITY ATTORNEY'S OFFICE REPRESENTS THE INTERESTS OF THE CITY OF HOUSTON. 
          WE DO NOT REPRESENT INDIVIDUAL PROPERTY OWNERS. 
          WE DO NOT REPRESENT INDIVIDUAL CIVIC ASSOCIATIONS OR NEIGHBORHOOD ASSOCIATIONS. 
          AGAIN, WE REPRESENT THE INTEREST OF THE CITY OF HOUSTON WHEN WE'RE HANDLING ENFORCEMENT OF THESE CASES. 
          AND ANY DECISION BY THE CITY IS NOT BINDING ON ANYBODY ELSE. 
          ANYONE ELSE WHO HAS STANDING TO ENFORCE DEED RESTRICTIONS IS FREE TO ENFORCE INDEPENDENTLY. 
          IF FOR WHATEVER REASON THE CITY'S NOT ABLE TO GET INVOLVED AT THAT TIME. 
          NEXT SLIDE. 
          SO LET'S TALK A LITTLE BIT ABOUT THE DEED RESTRICTION ENFORCEMENT PROCESS IN THE CITY OF HOUSTON. 
          UM, FIRST STEP WE HAVE TO RECEIVE A COMPLAINT. 
          WE ARE ENTIRELY COMPLAINT BASED. 
          UM, PEOPLE ARE LIVING IN THEIR COMMUNITIES. 
          THEY DRIVE DOWN THEIR STREETS. 
          THEY'RE THERE IN THE COMMUNITY. 
          THEY SEE THINGS WHEN THEY'RE HAPPENING. 
          THEY SEE CONSTRUCTION WHEN IT BEGINS. 
          THEY ARE IN A VERY UNIQUE POSITION TO ALERT US TO CONCERNS WHENEVER THEY ARISE. 
          AND WE PROVIDE MANY DIFFERENT MEANS BY WHICH A COMPLAINT CAN COME THROUGH OUR OFFICE. 
          UM, WE HAVE AN ONLINE COMPLAINT SYSTEM THAT'S VERY, VERY EASY TO ACCESS. 
          UM, WE CAN RECEIVE COMPLAINTS VIA EMAIL. 
          WE HAVE A FAX, WE HAVE A PHONE NUMBER HOTLINE. 
          WE HAVE A WEBPAGE WITH ALL KINDS OF HELPFUL INFORMATION. 
          UM, AND I'VE PRI PROVIDED ALL OF THAT HERE ON THE FIRST SLIDE. 
          ONE THING THAT'S REALLY IMPORTANT IS THAT WHEN WE RECEIVE DEED RESTRICTION COMPLAINTS, WE REALLY NEED THE ADDRESS, THE CORRECT ADDRESS OF THE COMPLAINT. 
          [00:15:01]
AND THE REASON THIS IS SO IMPORTANT IS THAT IN THIS FIRST STEP OF THE PROCESS, THE COMPLAINT GETS ASSIGNED TO AN ATTORNEY. 
          AND I'LL SHOW YOU A LIST OF OUR ATTORNEYS IN JUST A MOMENT. 
          UM, EVERY COMPLAINT, UM, GOES TO THE ATTORNEY THAT HANDLES THAT COUNSEL DISTRICT, AND THE FIRST THING THEY DO IS WE HAVE A TEAM OF TITLE EXAMINERS THAT PULL ALL OF THE DOCUMENTS OF RECORD IN THE REAL PROPERTY RECORDS FOR THE PARTICULAR PROPERTY IN QUESTION. 
          IF WE DON'T HAVE THE RIGHT ADDRESS, WE'RE NOT PULLING THE RIGHT INFORMATION, AND WE WANNA MAKE SURE WE'RE PULLING THE RIGHT INFORMATION FOR THAT PARTICULAR PROPERTY. 
          WE ALSO NEED TO KNOW THE NATURE OF THE VIOLATION. 
          UM, WHAT IT IS YOU'RE CONCERNED AT ABOUT ANY ADDITIONAL INFORMATION YOU CAN PROVIDE IS ALWAYS GREATLY APPRECIATED. 
          UM, UP ON THE SCREEN IS A LIST OF OUR SIX LIAISON ATTORNEYS THAT HANDLE DEED RESTRICTION ENFORCEMENT IN THE CITY OF HOUSTON. 
          IN ADDITION TO THE COMPLAINT AVENUES THAT I SHOWED YOU ON THE FIRST SLIDE, ANY OF THESE ATTORNEYS CAN BE REACHED DIRECTLY AND WE CAN GET THE BALL ROLLING TO START COMPLAINTS THIS WAY AS WELL. 
          UM, AND YOU CAN ALSO SEE THE BREAKDOWN OF THE COUNCIL DISTRICTS THAT WE HANDLE. 
          WE ENFORCE DEED RESTRICTIONS UNIFORMLY ACROSS THE CITY OF HOUSTON IN EVERY COUNCIL DISTRICT IN THE CITY OF HOUSTON. 
          I THINK IT'S 665 MILES IN THIS GREAT CITY OF HOUSTON, WHICH AGAIN, IT'S WHY, WHY WE RELY ON THE COMPLAINT PROCESS BECAUSE THERE'S, IT'S JUST NOT FEASIBLE FOR US TO BE OUT IN EVERY COMMUNITY EVERY SINGLE DAY. 
          AND WE RELY ON MEMBERS OF THE COMMUNITY TO PROVIDE INFORMATION WHEN THERE ARE CONCERNS. 
          UM, LET'S MOVE TO THE NEXT SLIDE. 
          SO THE COMPLAINTS COME IN. 
          IT'S BEEN ASSIGNED TO AN ATTORNEY. 
          WE'VE PULLED THE TITLE WORK. 
          WE'VE DONE A THOROUGH LEGAL REVIEW OF THE TITLE WORK TO DETERMINE IF THERE ARE ENFORCEABLE DEED RESTRICTIONS FOR THE REAL PROPERTY IN QUESTION. 
          WE'VE DONE A REVIEW OF WHETHER THERE'S A DEED RESTRICTION PROVISION THAT REACHES THE ISSUE IN QUESTION. 
          AND THEN LAST, WE'VE DETERMINED WHETHER IT'S A PROVISION THAT THE CITY ATTORNEY'S OFFICE HAS AUTHORITY TO ENFORCE. 
          IF WE TICK ALL OF THOSE BOXES, THEN WE LAUNCH INTO OUR INVESTIGATION AND WE'RE GONNA BE LOOKING AT WHATEVER EVIDENCE WE CAN GATHER TO SUBSTANTIATE THE DEED RESTRICTION COMPLAINT. 
          UM, IN, IN EACH, WHEN WE'RE PULLING THE TITLE WORK, WE HAVE TO LOOK AT WHAT'S FILED A RECORD FOR THE REAL PROPERTY IN QUESTION. 
          WE'RE GONNA LOOK AT THE SPECIFIC DEED RESTRICTION LANGUAGE, AND THEN WE'RE GONNA LOOK AT WHATEVER EVIDENCE IS GATHERED BY NEIGHBORS IN THE COMMUNITY, BY OUR INVESTIGATORS, BY OUR INDEPENDENT RESEARCH TO SEE IF WE CAN SUBSTANTIATE THAT COMPLAINT. 
          UM, WE HAVE ONE INVESTIGATOR FOR THE ENTIRE CITY OF HOUSTON THAT GOES OUT AND DOES SITE INSPECTIONS FOR ALL OF OUR COMPLAINTS. 
          AND, UM, SO IT'S ALWAYS HELPFUL WHEN NEIGHBORS IN THE COMMUNITY CAN PULL TOGETHER ADDITIONAL INFORMATION TO HELP US BETTER TARGET THE TIMEFRAMES FOR THOSE SITE INSPECTIONS SO THAT WE CAN BE MORE EFFECTIVE AND MAKE THE BEST USE OF OUR TIME. 
          UM, EVIDENCE MAY INCLUDE PHOTOS OF THE ACTIVITY THAT'S OCCURRING. 
          UM, WHEN IT'S A COMMERCIAL USE COMPLAINT, WE'LL OFTEN ASK FOLKS IF THEY HAVE THE OPPORTUNITY TO COLLECT LICENSE PLATES. 
          WE CAN RUN THE LICENSE PLATES TO DETERMINE IF THEY'RE LINKED TO THE PROPERTY, THE PROPERTY OWNER, A BUSINESS, OR, OR PERHAPS JUST GENERAL MEMBERS OF THE PUBLIC THAT ARE VISITING THE BUSINESS. 
          UM, IF THERE'S SIGNAGE ON THE PROPERTY AROUND THE VEHICLES, UM, BUSINESS LISTINGS THAT THE NEIGHBORHOOD MIGHT BE AWARE OF, ADVERTISING WITNESS STATEMENTS ON OUR WEBSITE, WE HAVE A HYPERLINK TO AN ACTIVITY LOG THAT MEMBERS OF THE COMMUNITY CAN USE IF THEY JUST WANNA FORMAT TO WORK WITH, TO NOTE TIMES AND DATES OF ACTIVITY THAT THEY'RE OBSERVING. 
          AND FOR NEW CONSTRUCTION COMPLAINTS, WE LIAISE WITH HOUSTON PUBLIC WORKS, WHO'S GONNA SPEAK IN A LITTLE WHILE TO ACCESS CONSTRUCTION PLANS IF PLANS HAVE BEEN APPROVED FOR THE PROPERTY IN QUESTION. 
          NEXT SLIDE. 
          SO WE'VE COMPLETED OUR INVESTIGATION. 
          WE'VE DETERMINED THERE IS IN FACT A DEED RESTRICTION VIOLATION. 
          UM, THERE ARE DEED RESTRICTIONS THAT ARE VALID AND ENFORCEABLE ON THE PROPERTY. 
          UM, OUR FIRST STEP IS USUALLY TO SEND A WARNING LETTER TO THE PROPERTY OWNER AND THAT NOTIFIES THE OWNER OF THE VIOLATION. 
          AND TYPICALLY IT'LL GIVE ABOUT 15 DAYS FOR COMPLIANCE FROM THE DATE OF THE LETTER. 
          UM, AND, AND IT ALSO HAS MENTIONED THAT, YOU KNOW, WE DO HAVE AUTHORITY TO REQUEST LIABILITY FOR CIVIL PENALTIES UP TO A THOUSAND DOLLARS A DAY THAT THE VIOLATION CONTINUES BEYOND NOTICE. 
          95% OF OUR COMPLAINTS ARE RESOLVED AT THE WARNING LETTER STAGE, BUT WE ARE PREPARED FROM THE BEGINNING SHOULD WE NEED TO FILE LITIGATION THAT WE CAN, SHOULD WE NEED TO. 
          AND THAT'S WHY WE DO ALL THE DUE DILIGENCE UP FRONT. 
          WE HAVE ATTORNEYS ASSIGNED TO THESE COMPLAINTS TO MAKE SURE WE HAVE A 
          [00:20:01]
BASIS FOR ENFORCEMENT. 
          UM, BUT AGAIN, MOST OF THESE ISSUES ARE RESOLVED AT AN EARLY STAGE. 
          ONCE WE REACH OUT TO THE OWNER, EXPLAIN THE NATURE OF THE COMPLAINT, THEY TYPICALLY CALL VERY QUICKLY AFTER THEY RECEIVE OUR WARNING LETTERS. 
          UM, AND WE'RE ABLE TO RESOLVE THESE ISSUES IN THE COMMUNITY. 
          IF AFTER WE SEND THE WARNING LETTER AND THE DATE HAS EXPIRED FOR COMPLIANCE, WE'LL DO A FOLLOW-UP INVESTIGATION TO SEE IF THE COMPLAINT IS STILL OR THE VIOLATION IS STILL ONGOING. 
          WE'LL GATHER ADDITIONAL EVIDENCE. 
          AND THEN IF AT THAT TIME THE VIOLATION IS CONTINUING, THEN WE, WE CAN GO TO LITIGATION SHOULD WE NEED TO. 
          I SHOULD MENTION THE LIST OF ATTORNEYS THAT I PROVIDED YOU GUYS EARLIER. 
          WE CALL THOSE FOLKS OUR DEED RESTRICTION ENFORCEMENT TEAM. 
          NO ATTORNEY MAKES DECISIONS IN OUR SECTION IN A VACUUM. 
          ANYTIME WE'RE GOING TO TAKE ANY SUBSTANTIVE ACTION ON A COMPLAINT FILE, WE TAKE IT TO OUR DEED RESTRICTION ENFORCEMENT TEAM FOR DISCUSSION AND AGREEMENT AMONG THE ENTIRE TEAM BEFORE WE TAKE ANY FURTHER ACTION. 
          UM, WE'VE HAD REALLY GREAT RESULTS IN OUR NEIGHBORHOOD. 
          I'VE BEEN DOING THIS FOR ABOUT 10 YEARS NOW. 
          UM, THE ATTORNEYS THAT WORK IN THIS SECTION, WE LOVE WHAT WE DO. 
          WE ARE THE ONLY SECTION IN THE LEGAL DEPARTMENT THAT IS COMMUNITY FACING. 
          WE TALK TO MEMBERS IN THE COMMUNITY EVERY SINGLE DAY. 
          WE GET TO HAVE A POSITIVE IMPACT ON PEOPLE'S DAILY LIVES. 
          THESE ARE ISSUES THAT IMPACT THE WAY PEOPLE LIVE. 
          YOU GO HOME, IT'S, IT'S YOUR PLACE OF RESPITE AND REST AND RELAXATION. 
          AND WE GET TO HAVE A DIRECT IMPACT ON THAT. 
          AND SO THE ATTORNEYS IN OUR SECTION, WE TAKE THAT VERY, VERY SERIOUSLY. 
          UM, AND WE LOVE WHAT WE DO. 
          LET'S SEE. 
          NEXT SLIDE. 
          OH, I'VE ALREADY MENTIONED THIS ONE. 
          SO LET'S MOVE TO THE NEXT ONE. 
          SO WHAT CAN PROPERTY OWNERS DO TO PROTECT THEIR PROPERTY? WE ALWAYS RECOMMEND THAT NEIGHBORHOODS TALK TO PRIVATE LEGAL COUNSEL TO REVIEW THEIR DEED RESTRICTIONS. 
          SOME NEIGHBORHOOD HOODS HAVE DEED RESTRICTIONS THAT WERE FILED A VERY, VERY LONG TIME AGO. 
          UM, THEY MAY BE STILL PERFECTLY VALID AND PERFECTLY ENFORCEABLE, BUT THE LANGUAGE OF THOSE DEED RESTRICTIONS MAY NOT HAVE KEPT UP WITH THE TIMES. 
          THERE. 
          THERE ARE DIFFERENT THINGS. 
          YOU KNOW, WE'VE, WE'VE GOT TECHNOLOGY, WE HAVE SHORT TERM RENTALS, WE HAVE ALL KINDS OF THINGS THAT ARE NEW TO SOCIETY NOW THAT DIDN'T EXIST, PERHAPS WHEN DEED RESTRICTIONS WERE ORIGINALLY DRAFTED. 
          SO IT'S ALWAYS GOOD TO HAVE AN ATTORNEY LOOK AT THE LANGUAGE OF YOUR DEED RESTRICTIONS AND MAKE SURE THEY SAY WHAT YOU WANT THEM TO SAY AND THEY'RE GONNA DO THE WORK FOR YOU THAT YOU WANT THEM TO DO. 
          UM, IT'S ALSO IMPORTANT THAT NEIGHBORHOODS ENFORCE THEIR DEED RESTRICTIONS REGULARLY. 
          IF THEY'RE NOT ENFORCING REGULARLY, THEN YOU KNOW, WE CAN COME UP WITH PROBLEMS LIKE WAIVER OR ABANDONMENT AND, AND WE DON'T WANNA COME UP AGAINST THAT IN COURT. 
          UM, I'VE ALSO PROVIDED A LIST OF LOW COST OR FREE LEGAL RESOURCES IN THE COMMUNITY. 
          THERE ARE CERTAINLY NEIGHBORHOODS THAT MAY NOT HAVE ACCESS TO AN ATTORNEY OR BE ABLE TO PAY AN ATTORNEY TO, TO HANDLE THESE ISSUES. 
          THERE ARE A NUMBER OF LOW COST LEGAL RESOURCES OR NO COST LEGAL RESOURCES IN THE NEIGHBORHOOD THAT CAN ASSIST. 
          WE'RE ALSO HAVING DISCUSSIONS RIGHT NOW WITH OUR LEGAL CLINICS WITH ALL THREE OF OUR LAW SCHOOLS. 
          UM, AND WE'RE HOPING TO SET UP SOME PILOT PROGRAMS WITH THEM TO BE OF FURTHER ASSISTANCE IN THE COMMUNITIES THAT WE SERVE. 
          AND THEN LAST PAGE, THIS IS JUST A LIST OF OTHER RESOURCES. 
          LIKE I MENTIONED, YOU MIGHT HAVE ISSUES IN YOUR NEIGHBORHOOD THAT AREN'T DEED RESTRICTION ENFORCEMENT ISSUES, BUT IF YOU'VE GOT LOTS OF, LOTS OF LOOSE DOGS, HERE'S THE PHONE NUMBER FOR BARK. 
          IF YOU'VE GOT CONSTRUCTION WITHOUT PERMITS, HERE'S A PHONE NUMBER FOR THAT. 
          SO, UM, JUST A LIST OF RESOURCES THAT HOPEFULLY ARE HELPFUL TO MEMBERS OF THE COMMUNITY. 
          THANK YOU. 
          GREAT. 
          THANK YOU HEATHER. 
          GREAT PRESENTATION. 
          I WANT TO BE SURE TO WELCOME. 
          WE NOW HAVE CAROL, CAROLYN, COUNCIL MEMBER CAROLYN, EVAN SHABAZZ. 
          AND I SAID EARLIER, COUNCIL MEMBER THAT YOU'RE REALLY THE IMPETUS FOR THIS, FOR THIS MEETING. 
          IT WAS YOUR IDEA TO CONDUCT THIS MEETING, WHICH I THINK IS A GREAT ONE. 
          UM, WE'VE ALSO BEEN JOINED IN CHAMBER BY COUNCIL MEMBER CARLOS CISNEROS. 
          I KNOW COUNCIL MEMBER ROBERT GALLEGOS HAS BEEN WATCHING ONLINE, I BELIEVE COUNCIL MEMBER ABBY CAYMAN IS WATCHING ONLINE AND COUNCIL MEMBER DAVID ROBINSON IS HERE IN CHAMBER. 
          WE ALSO HAVE STAFF FROM DISTRICT B WELCOME TO THE CHAMBER AND STAFF FROM AT LARGE POSITION TOO. 
          OKAY, WE WILL GO TO QUESTIONS. 
          THE FIRST ONE IS FROM VICE CHAIR AMY PAK. 
          THANK YOU CHAIR. 
          AND THANK YOU FOR THE PRESENTATION AND THANK YOU SO MUCH FOR EVERYONE IN THE LEGAL DEPARTMENT. 
          I KNOW, UM, DISTRICT A GIVES YOU GUYS A LOT OF WORK TO DO, BUT THANK YOU FOR ALL OF THAT. 
          YES. 
          UM, MY QUESTION IS ABOUT, UM, THE TIMELINE. 
          I KNOW EVERY CASE IS DIFFERENT, SO IT MIGHT BE KIND OF HARD TO ANSWER THIS QUESTION, BUT WITH ONLY ONE PERSON, I BELIEVE IT'S ONE PERSON THAT IS ASSIGNED TO INVESTIGATE THE DEED RESTRICTION CASES. 
          HOW LONG CAN PEOPLE EXPECT FOR SOME OF THESE CASES TO TAKE? IT'S A REALLY GOOD QUESTION, AND 
          [00:25:01]
IT'S ONE I GET FREQUENTLY WHEN I GIVE THIS PRESENTATION. 
          UM, AND IT, IT IS GONNA DEPEND ON THE NATURE OF THE COMPLAINT. 
          THERE ARE SOME ISSUES LIKE NEW CONSTRUCTION ISSUES WHERE WE ALREADY HAVE APPROVED PLANS THAT ARE IN OUR SYSTEM. 
          WE CAN MOVE VERY, VERY QUICKLY WITH THOSE. 
          SOME COMPLAINTS LIKE COMMERCIAL USE COMPLAINTS TAKE A LITTLE MORE TIME TO GATHER, GATHER THE EVIDENCE TO DO THE RESEARCH AND LOOK FOR SECRETARY OF STATE FILINGS AND DBA FILINGS AND SEARCH ONLINE AND, AND WHAT HAVE YOU. 
          AND, AND A LOT OF IT'S GONNA DEPEND ON HOW MUCH INFORMATION WE HAVE AT THE INITIATION OF THE COMPLAINT. 
          UM, SO, SO IT CAN VARY AND IT'S GONNA DEPEND ON THE NATURE OF THE COMPLAINT AND HOW MUCH INFORMATION WE HAVE AT THE BEGINNING. 
          BUT AGAIN, SOME THINGS COME IN AND I'VE GOT 'EM RESOLVED IN TWO OR THREE DAYS. 
          UM, SOME THINGS COME IN AND IT MIGHT TAKE MONTHS. 
          THANK YOU. 
          MM-HMM . 
          UM, AND ARE, IS YOUR DEPARTMENT GETTING COMPLAINTS FROM 3 1 1 AS WELL OR IS IT SOLELY JUST PEOPLE WHO ARE CONTACTING THE DEED RESTRICTION DIVISION OF THE LEGAL DEPARTMENT? BECAUSE I, I THINK THAT SOME PEOPLE AREN'T NECESSARILY SURE WHO TO CONTACT WHEN THERE'S AN ISSUE AND THEY'RE JUST CONTACTING 3 1 1. 
          SO ARE YOU PULLING THAT DATA FROM 3 1 1 AS WELL? SO WE DON'T TRACK OUR DATA THROUGH 3 1 1, BUT 3 1 1 KNOWS IF IT'S A DEED RESTRICTION MATTER TO SEND IT TO US. 
          OKAY. 
          SO WE GET COMPLAINTS FUNNELED FROM 3 1 1 RE REGULARLY. 
          THANK YOU. 
          YES. 
          AND THEN MY LAST QUESTION IS, WHEN YOU WERE TALKING ABOUT THE BOATS, UM, AND DRIVEWAYS THAT YOU DON'T ENFORCE IS, IF IT'S HOOKED UP TO A POWER SOURCE, IS, AM I CORRECT THAT THAT IS ENFORCEABLE THROUGH YOUR DIVISION? SO, RECREATIONAL VEHICLES, IF SOMEONE'S LIVING IN AN RV, FOR EXAMPLE, UM, AND YOU KNOW, THERE'S A PROVISION THAT WOULD LIMIT THE PROPERTY TO A SINGLE FAMILY RESIDENTIAL USE OR A SINGLE FAMILY RESIDENCE, THEN THAT MAY BE ENFORCEABLE. 
          AND, AND SO WE LOOK TO SEE IF SOMEONE'S LIVING AT IT AS A SECOND RESIDENCE AND WE CERTAINLY MAY HAVE ENFORCEMENT AUTHORITY THERE. 
          OKAY. 
          SO THAT'S MORE OF LIKE AN RV, BUT NOT THE BOATS. 
          RIGHT. 
          RIGHT. 
          OKAY. 
          THANK YOU. 
          I I I HAVEN'T FOUND ANYONE LIVING IN A BOAT IN A DRIVEWAY YET, BUT WE'VE SEEN SOME CRAZY THINGS THAT COULD HAPPEN. 
          . 
          THANK YOU. 
          THANK YOU. 
          COUNCIL MEMBER EVAN SHABAZZ AND THANK YOU MADAM CHAIR. 
          UH, UH, DEED RESTRICTIONS ARE SO VERY IMPORTANT TO ME TO PROTECT THE RESIDENTS IN THE NEIGHBORHOOD. 
          AND SO CERTAINLY THE ENFORCEMENT IS VERY IMPORTANT. 
          AND I, I MAY BE A LITTLE CONFUSED. 
          I AM MULTITASKING. 
          I HAVE A FUNERAL TO ATTEND, BUT I SAW THAT THEY SAID THE CITY DOESN'T CANNOT ENFORCE, UH, HIGH GRASS AND, UH, MOTOR VEHICLES ON THE YARD. 
          AND I KNOW DEPARTMENT OF NEIGHBORHOODS GIVES, UH, CITATIONS FOR THAT. 
          AND SO I'M, I'M REALLY CONFUSED. 
          MAYBE I MISREAD IT OR YOU ADDRESSED IT, BUT, UH, WE CAN, THE CITY DOES ENFORCE HIGH GRASS AND, UH, ABANDONED VEHICLES, IF I'M NOT MISTAKEN. 
          YOU ARE ABSOLUTELY CORRECT. 
          UM, WHAT I WAS POINTING OUT ON THAT SLIDE IS THAT IT MAY NOT BE ENFORCEABLE BY THE CITY ATTORNEY'S OFFICE AS A DEED RESTRICTION MATTER, BUT WE MAKE EVERY EFFORT TO FUNNEL THOSE COMPLAINTS THAT ARE HANDLED BY OTHER DEPARTMENTS TO THOSE DEPARTMENTS. 
          SO HIGH GRASS JUNK MOTOR VEHICLES, THOSE ARE DEFINITELY HANDLED BY THE DEPARTMENT OF NEIGHBORHOODS. 
          AND WE MAKE SURE THOSE ISSUES THAT COME THROUGH OUR OFFICE END UP IN THE RIGHT DEPARTMENT, LIKE THE DEPARTMENT OF NEIGHBORHOODS OR SOLID WASTE OR WHATEVER. 
          IT'S, WELL, THANK YOU FOR THAT CLARIFICATION. 
          'CAUSE I DON'T KNOW IF THAT WAS BROUGHT OUT, BUT ANOTHER PIECE THAT I, I FOUND OUT ABOUT, I THINK IT'S CALLED THE ARCHITECTURAL REVIEW COMMITTEE. 
          I DON'T KNOW IF VERY MANY RESIDENTS KNOW ABOUT THAT AND WHETHER THAT IS A PART OF THE PERMITTING PROCESS, BECAUSE WHAT IS HAPPENING IN A LOT OF INSTANCES, UH, THESE, UH, DEVELOPERS ARE COMING AND THEY'RE BUILDING IN THESE COMMUNITIES AND, BUT NOT FOR A RESIDENT MAYBE, UH, MAKING A COMPLAINT. 
          UH, NO ONE EVER KNOWS UNTIL THEY'RE, MAY BE TOO FAR INTO THE CONSTRUCTION IF THERE'S ANY SUCH THING. 
          SO ARE THE, ARE THE, UH, RESIDENTS TOLD ABOUT THE ARCHITECTURAL REVIEW COMMITTEE AND ARE THEY A PART OF THE PERMITTING PROCESS? AND IF NOT, I WOULD LIKE TO SUGGEST THAT THEY BECOME A PART OF THE PERMITTING PROCESS. 
          THOSE ARE VERY GOOD POINTS. 
          AND THERE ARE NEIGHBORHOODS OUT THERE THAT HAVE ARCHITECTURAL CONTROL COMMITTEES OR ARCHITECTURAL REVIEW COMMITTEES THAT ARE BUILT INTO THE LANGUAGE OF THEIR DEPARTMENTS OR, OR THEIR DEED RESTRICTION DOCUMENTS. 
          UM, AND, AND AGAIN, DEED RESTRICTIONS ARE PRIVATE CONTRACTS. 
          AND SO THAT'S GONNA VARY FROM NEIGHBORHOOD TO NEIGHBORHOOD. 
          UM, THERE ARE A LOT OF NEIGHBORHOODS THAT MIGHT HAVE AN ARCHITECTURAL CONTROL WRITTEN INTO THEIR DEED RESTRICTION DOCUMENTS, BUT THEY DON'T HAVE AN ACTIVE COMMITTEE. 
          UM, AND, AND THEN THERE ARE SOME NEIGHBORHOODS THAT DON'T HAVE THEM AT ALL. 
          SO ULTIMATELY, 'CAUSE THESE ARE PRIVATE CONTRACTS AND BECAUSE OUR LEGISLATURE AND OUR ORDINANCE DOESN'T GIVE US AUTHORITY TO ENFORCE THOSE PROVISIONS THAT REQUIRE SUBMISSION TO ARCHITECTURAL 
          [00:30:01]
CONTROL OR AN ARCHITECTURAL REVIEW COMMITTEE, IT'S OUTSIDE THE CITY OF HOUSTON'S DEED RESTRICTION ENFORCEMENT PROCESS. 
          THEREFORE, IT IS NOT PART OF THE PERMITTING PROCESS. 
          WE DON'T HAVE THAT LEGAL AUTHORITY. 
          OKAY. 
          WELL, AGAIN, I WOULD LIKE TO PERHAPS AT SOME POINT, UH, MADAM CHAIR, IF WE COULD LOOK AT SOMETHING BECAUSE SOMEONE THAT'S, UH, CLOSE TO THE COMMUNITY NEEDS TO HAVE A PART IN THIS WHEN IT COMES TO THE PERMITTING PROCESS BECAUSE CERTAINLY I DON'T KNOW WHAT DEVELOPMENT IS GOING ON IN ALL AREAS OF MY DISTRICT, BUT CERTAINLY THE PEOPLE THAT LIVE THERE KNOW. 
          AND SO I JUST DON'T WANT, UH, THERE TO BE VIOLATIONS AND INFRINGEMENT ON THE, ON THE COMMUNITY WHEN THE CITY CAN PERHAPS LOOK AT WAYS THAT WE CAN ENGAGE OURSELVES AND CERTAINLY LET PEOPLE KNOW ABOUT THESE ARCHITECTURAL, UH, COMMITTEE. 
          'CAUSE I THINK THAT CAN HELP A LOT. 
          THANK, THANK YOU. 
          THANK YOU, COUNCIL MEMBER. 
          AND WE ARE GONNA HEAR FROM PERMITTING, UH, AFTER THIS LEGAL PRESENTATION, WE'LL HEAR FROM PLANNING AND, AND HOUSTON PERMITTING. 
          SO, UH, THOSE, THOSE COMMENTS ARE, ARE WELL, UM, WELL TIMED. 
          WELL. 
          AND IF I MAY ANSWER THAT, YOU KNOW, OUR ATTORNEYS ARE AVAILABLE TO GIVE THIS PRESENTATION. 
          UM, YOU KNOW, WITH COVID OBVIOUSLY THAT WAS DIALED BACK QUITE A BIT. 
          UM, AND, AND ONCE COVID STARTED SLOWING DOWN, WE WERE DOING THESE PRESENTATIONS VIRTUALLY. 
          BUT ANY COMMUNITY THAT WOULD LIKE OUTREACH FROM THE LEGAL DEPARTMENT, OUR ATTORNEYS ARE AVAILABLE TO GIVE THESE PRESENTATIONS IN YOUR COMMUNITIES TO HELP SPREAD THE WORD ABOUT WHAT THE CITY OF HOUSTON HAS AUTHORITY TO DO AND HOW WE CAN BE OF ASSISTANCE IN THESE MATTERS. 
          GREAT. 
          THANK YOU. 
          COUNCIL MEMBER CISNEROS. 
          THANK YOU CHAIR. 
          AND THANK YOU FOR THE PRESENTATION. 
          I, I DID HAVE A COUPLE THINGS I WOULD LIKE TO ASK. 
          UM, SO THE DEED RESTRICTIONS, UM, UH, REALLY DEFINE WHAT CAN HAPPEN ON, ON PRIVATE PROPERTY, WHAT HAPPENS IN A DEED RESTRICTED COMMUNITY, IF THERE'S, UM, THOSE SAME KIND OF TRAILERS THAT ARE TOO LONG OR, UH, COMMERCIAL VEHICLES THAT ARE PARKED ON THE PUBLIC STREET OR IN A, IN THE, IN A BACK ALLEY. 
          SO, UM, THAT'S TYPICALLY WHERE WE INVOLVE HPD, UM, OR DRT IN THE LOCAL COMMUNITY. 
          UM, WHEN, YOU KNOW, DEED RESTRICTIONS ARE FILED OF RECORD IN THE REAL PROPERTY RECORDS, THEY PERTAIN TO THAT SPECIFIC REAL PROPERTY. 
          UNFORTUNATELY, UM, THEY DON'T REACH THE STREET AND PUBLIC PARKING AND PARKING IN THE RIGHT OF WAY. 
          AND SO WE HAVE TO BRING IN ADDITIONAL RESOURCES, H-P-D-D-R-T, UM, WHEN THERE ARE STREET PARKING ISSUES FOR THOSE TYPES OF VEHICLES. 
          AND THERE, THERE ARE ORDINANCES AND, AND PENAL, UH, TRANSPORTATION CODE. 
          OKAY. 
          UM, THAT REACH SOME OF THOSE ISSUES. 
          OKAY. 
          UM, ANOTHER QUESTION, AND THIS IS THE SLIDE I WAS CONFUSED ABOUT, IS, IS THE X OVER THE BOAT, UM, IS THAT FOR THE WHOLE SLIDE OR IS THAT APPLIED TO THE, THE TRAILER? THE COMMERCIAL TRAILER ON THE RIGHT TOO? I, SO WE DON'T HAVE AUTHORITY TO ENFORCE PROVISIONS THAT PROHIBIT BOATS ON PROPERTY, BUT WE ALSO DON'T HAVE AUTHORITY TO ENFORCE THE TRAILER THAT'S HOLDING THE BOAT. 
          SO THIS WAS MEANT TO JUST POINT OUT THAT THERE ARE SOME TYPES OF TRAILERS OVER 20 FEET WE CAN ENFORCE. 
          IF IT'S A BOAT TRAILER, IT'S NOT SOMETHING WE TYPICALLY ACT UPON. 
          BUT AGAIN, SEPARATE ISSUE IF THERE'S LIMITATION ON STORING BOATS ON A PROPERTY, IF IT'S OUTSIDE OF COMMERCIAL USE, THAT'S JUST RESIDENTIAL STORAGE. 
          IT'S NOT GONNA BE SOMETHING WE HAVE AUTHORITY TO ACT ON. 
          OKAY. 
          AND THEN, UM, YOU OFFERED, UM, THE LEGAL DEPARTMENT TO, TO MAKE PRESENTATIONS TO COMMUNITIES THAT ARE CONSIDERING DEED RESTRICTIONS. 
          AND I APPRECIATE, UM, THE, THE CONTACT INFO YOU HAD FOR, UM, SOME MAYBE FREE LEGAL ASSISTANCE IN ENFOR ENFORCING, UM, DEED RESTRICTIONS FOR, FOR NEIGHBORHOODS THAT NEED THAT. 
          BUT, UH, AS IS THIS SAME GROUP, IS THERE ANYONE WHO'S ABLE TO HELP, UM, A COMMUNITY, UH, MAYBE A, A, YOU KNOW, ONE THAT'S, THAT'S NOT AFFLUENT TO CRAFT DEED RESTRICTIONS. 
          ARE THESE ORGANIZATIONS ABLE TO DO THAT? OR IS THERE A TEMPLATE THAT IS AVAILABLE THAT THE, THE LEGAL DEPARTMENT HAS THAT COULD HELP GUIDE NEIGHBORHOODS WHO WANT TO, TO PURSUE IT? NEIGHBORHOODS WOULD HAVE TO REACH OUT TO THOSE ORGANIZATIONS TO FIND OUT WHAT THEIR AVAILABILITY IS. 
          YOU KNOW, THEY'VE GOT WORKLOADS THAT THEY HAVE TO BALANCE AND, AND SOMETIMES LIMITATIONS ON THE CASES THAT THEY WILL TAKE. 
          SO THEY WOULD HAVE TO REACH OUT AT THAT TIME AND, AND FIND OUT THEIR AVAILABILITY. 
          AND I'LL JUST ADD COUNCIL MEMBER, UM, PART OF THE REASON THE LEGAL DEPARTMENT CAN'T ASSIST NEIGHBORHOODS IS IT WOULD PUT US IN A CONFLICT OF INTEREST, UM, IF WE WERE TO SIT AND GET INVOLVED IN CRAFTING OR HELPING THEM MODIFY THEIR DEED RESTRICTIONS. 
          AND THEN THERE WERE ISSUES WITH THE DEED RESTRICTIONS WHEN IT CAME TIME FOR ENFORCEMENT, WHAT KIND OF GOT OURSELVES IN A PICKLE. 
          AND THEN GOING BACK TO HEATHER'S ORIGINAL POINT, WE DON'T REPRESENT INDIVIDUAL CITIZENS OR HOMEOWNERS ASSOCIATIONS, UM, ON DEED RESTRICTION ENFORCEMENT. 
          WE ONLY REPRESENT THE CITY. 
          WHAT, WHAT ABOUT 
          [00:35:01]
THOUGH THE, THE ONES THAT THE CITY DOES ENFORCE? I MEAN, THAT WOULD NOT BE A CONFLICT OF INTEREST IF, IF, IF SOMEONE COULD SEE WHAT THAT LOOKS LIKE. 
          IS THAT WHAT IT, SO ON THE CASES WHERE IT'S BROUGHT IN THE NAME OF THE CITY OF HOUSTON BASED ON THE AREAS WE HAVE ENFORCEMENT AUTHORITY, BUT WE DON'T NAME, WE DON'T REPRESENT. 
          SO FOR EXAMPLE, IF IT WAS, UM, A BC HOMEOWNERS ASSOCIATION, IT WOULD BE THE CITY OF HOUSTON VERSUS WHOEVER THE INDIVIDUAL IS. 
          IT HAS NOTHING TO DO WITH THE HOMEOWNER ASSOCIATION. 
          THEY CAN CHOOSE TO JOIN AS ANOTHER PARTY IF THEY WANT TO, BUT WE DON'T PUT THEM OR NAME THEM AS A PARTY TO THE CASE. 
          WELL, THAT JUST RAISED ANOTHER QUESTION AND I KNOW THE BELL JUST RANG. 
          OKAY. 
          WE'LL PUT YOU BACK IN. 
          AND COUNCIL MEMBER ROBINSON, THANK YOU CHAIR. 
          AND MS. COOK, THANK YOU SO MUCH FOR THE PRESENTATION. 
          I, I APPRECIATE, UH, WHAT YOU'VE SAID AND, UH, WHAT'S BEING DISCUSSED NOW. 
          UM, ALSO WANT TO THANK, UH, COUNCIL MEMBER EVANS SHABAZZ FOR BRINGING THIS TO THE ATTENTION OF THE COMMITTEE. 
          'CAUSE IT, IT REALLY IS AN IMPORTANT ISSUE. 
          UM, AND, AND SOMETHING THAT WE'VE BEEN WRESTLING WITH SINCE I'VE BEEN INVOLVED WITH CITY GOVERNMENT. 
          UM, I THINK FOREMOST IN MY, FROM MY PERSPECTIVE, FROM THE GRASSROOTS SIDE OF BEING A CIVIC CLUB MEMBER AND A SUPER NEIGHBORHOOD PRESIDENT. 
          UM, AND I THINK THAT'S FIRST OF ALL A PLACE THAT I THINK YOU ALL SHOULD TAKE THE PRESENTATION. 
          'CAUSE I KNOW THE CIVIC CLUBS WOULD REALLY BENEFIT FROM HEARING WHAT WE'VE JUST HEARD. 
          AND, UH, THERE'S A LOT TO IT, OF COURSE, OF WHAT YOU'VE SAID. 
          AND I DO UNDERSTAND MANY OF THE LEGAL, UH, ELEMENTS THAT PUT US IN THE PICKLE THAT YOU JUST DESCRIBED, UM, WHERE WE CAN AND CANNOT ENFORCE CERTAIN ASPECTS OF, UH, UH, WHAT WE WOULD LIKE TO SEE REGULATED. 
          UM, I, AND, AND BASED ON THE COMPLAINT BASED SIDE OF WHAT IS ENFORCEABLE, I I WANT TO REALLY THINK CAREFULLY ABOUT THE LIMITED ABILITY THAT WE HAVE TO ENFORCE. 
          AND I'M THINKING ABOUT, UH, VARIOUS ISSUES THAT HAVE BEEN, UH, PRESENT IN THE NEIGHBORHOOD WHERE I LIVED AND HAVE LED THE COMMUNITY, UM, WHERE WE'VE HAD A DIFFERENCE OF INTERPRETATION IN THE LAW. 
          AND I KNOW WITH YOU AND MS. COOK, YOU JUST SAID THAT YOU'VE BEEN AT THIS FOR ABOUT A DECADE, SO I REALLY APPRECIATE YOUR EXPERIENCE. 
          BUT IN, IN OVER A DECADE, WE'VE SEEN IN, AGAIN, IN MY NEIGHBORHOOD A DIFFERENT SET OF INTERPRETATIONS OF A CIVIC CLUB THAT HAS HAD DEED RESTRICTIONS OVER A COURSE OF DIFFERENT CITY ATTORNEYS THAT WERE REPORTED TO BE, UM, IN FORCE AND IN GOOD STANDING WITH THE COMMUNITY. 
          AND THEN LATER, UNDER THE CURRENT ADMINISTRATION AND WITH THE CURRENT, UH, LEGAL DEPARTMENT AND CITY ATTORNEY, THOSE, UH, SAME, VERY SAME UNCHANGED, UH, RESTRICTIONS HAVE BEEN DETERMINED TO BE UNENFORCEABLE, WHICH LED TO A REALLY SERIOUS PROBLEM THAT IS NOW, UM, THE SOURCE OF A, AN ABUNDANCE OF EMAILS THAT ARE HITTING MY E MY, UH, INBOX AND PROBLEMS THROUGHOUT THE NEIGHBORHOOD WHERE A LARGE SCALE DEVELOPMENT IS GOING ON AND CREATING REAL PROBLEMS OF ENFORCEABILITY. 
          AND THAT I THINK IS SOMETHING THAT EVERYTHING YOU'VE SAID, UH, BEING TRUE, UM, AND OSTENSIBLY SOMETHING WE WOULD LIKE TO HAVE ENFORCED, IT IS STILL SUBJECT TO INTERPRETATION. 
          AND I THINK THAT'S, THAT'S A REALLY DIFFICULT PILL TO SWALLOW FOR THOSE NEIGHBORS AND THE CIVIC CLUBS THAT HAVE WORKED TO KEEP THEIR DEED RESTRICTIONS IN ORDER. 
          YOU KNOW, AND I, I THINK THAT THERE IS BACK AND FORTH BETWEEN LEGAL AS WELL AS THE PLANNING DEPARTMENT, AND NOW WE'VE HEARD THE PRESENTATION THAT YOU'VE GIVEN. 
          I THINK WE'RE ABOUT TO HEAR WHAT, UH, THE PLANNING DEPARTMENT HAS, UH, SET TO, TO ILLUSTRATE. 
          BUT WE, WE HAVE REALLY GOT TO WORK ON A CONSISTENT INTERPRETATION OF THE RULES. 
          AND THAT'S, UM, WITH A LOT OF VERY CAREFUL EXPERT EXPERIENCE AND OPINIONS, UH, AND A LOT OF HARD WORK WHERE, AS YOU POINT OUT, WE HAVE NO ZONING. 
          UM, WE HAVE A VERY LIMITED AMOUNT WITH THE TEXAS LEGISLATURE, UH, RENDERING WHAT THEY HAVE FOR THE LIMITS OF WHAT WE CAN ENFORCE. 
          AND AGAIN, UH, DR. EVANS SHABAZZ BRINGING UP THE IMPORTANT ISSUE OF ARCHITECTURAL CONTROLS, UH, SOMETHING THAT I CARE A LOT ABOUT. 
          BUT, UM, YOU KNOW, THAT BEING SAID, WE, WE ONLY HAVE CERTAIN THINGS THAT WE CAN GO AFTER, BUT WHEN THEY ARE ENSHRINED AS DEED RESTRICTIONS AND A CIVIC CLUB IS TOLD BY A CITY ATTORNEY AND A CITY LEGAL DEPARTMENT THAT THESE DEED RESTRICTIONS ARE IN GOOD ORDER, ONE WOULD HOPE THAT THAT COULD BE BINDING OVER A CERTAIN FINITE NUMBER OF YEARS. 
          SO I SAY THAT WITH FRUSTRATION, UM, AND PERHAPS WITH A QUESTION TO YOU ABOUT WHAT WE CAN DO AS A CITY TO HELP CIVIC CLUBS, PERHAPS EVEN WITH SOMETHING AS SIMPLE AS THE EXPLORATION OF DEED RESTRICTIONS. 
          SO THERE, I THINK I'M OFF MY SOAPBOX AND ENDED WITH A QUESTION THERE. 
          [00:40:01]
DO YOU HAVE ANYTHING THAT WE CAN DO PROACTIVELY TO HELP CLUBS AND SUPER NEIGHBORHOODS BE PREPARED FOR, UH, WHAT'S COMING? YOU KNOW, UH, I HEAR YOUR CONCERNS AND JUST WANT TO SAY THAT OUR SECTION MAKES EVERY EFFORT TO BE ENFORCING UNIFORMLY AND CONSISTENTLY THROUGHOUT THE CITY AND THROUGHOUT INDIVIDUAL NEIGHBORHOODS. 
          I'D LIKE TO POINT OUT THAT THE LAW IS A LIVING, BREATHING ANIMAL. 
          AND LAWS CHANGE THE INTERPRETATION OF DEED RESTRICTION LANGUAGE CHANGES BY THE COURTS. 
          UM, AND SO SOMETIMES IT'S NECESSARY FOR THE CITY ATTORNEY'S OFFICE TO ISSUE AN OPINION OR TO, UM, ENFORCE OR NOT ENFORCE, GIVEN THOSE CIRCUMSTANCES. 
          AND THAT'S WHY WE TAKE THESE ISSUES TO A TEAM. 
          WE DISCUSS THE NATURE OF THE LANGUAGE, WE DISCUSS THE NATURE OF HOW THE COURTS ARE HANDLING THESE ISSUES, AND ULTIMATELY WE ACT IN THE BEST INTEREST OF THE CITY OF HOUSTON. 
          SO AGAIN, I HEAR YOUR CONCERNS AND WE'RE COMMITTED TO WORKING WITH YOU TO MAKE SURE WE ARE ENFORCING UNIFORMLY AND, AND WE WANT TO OPEN UP THOSE DISCUSSIONS WHERE THERE ARE CONCERNS. 
          AND, AND AGAIN, WE, WE DO PRESENTATIONS FOR CIVIC ASSOCIATIONS. 
          AGAIN, THERE, IT WAS QUIET DURING COVID OUT OF NECESSITY. 
          UM, BUT WE DO THESE PRESENTATIONS TO CIVIC ASSOCIATIONS AND NEIGHBORHOOD ASSOCIATIONS ALL THE TIME. 
          AND, AND WE'RE HAPPY TO DO THAT TO HELP GET THE WORD OUT AS YOU SUGGESTED. 
          THAT'S GREAT. 
          I KNOW THE SUPER NEIGHBORHOOD ALLIANCE WOULD, UM, CONFIDENT THAT THEY WOULD LOVE TO HEAR IT. 
          OKAY. 
          THANK YOU. 
          THANK YOU VERY MUCH. 
          GOOD DISCUSSION. 
          COUNCIL MEMBER GALLEGOS. 
          THANK YOU, MADAM CHAIR. 
          UH, THANK YOU FOR THE PRESENTATION. 
          UM, MY, MY QUESTION IS, FIRST OF ALL, I GUESS IF YOU GO TO SLIDE NUMBER 10 THAT YOU HAD PLEASE, UH, RIGHT THERE IT SAYS, UH, COMMERCIAL ACTIVITY MAY INCLUDE COMMERCIAL TRUCK STORED AND DISPATCH FROM HOMES. 
          UH, SO ARE YOU SAYING THAT UH, IF SOMEONE BRINGS IN A CAB FROM AN 18 WHEELER OR ONE OF THOSE TRAILERS LIKE A FOOD TRUCK AND WHAT HAVE YOU, THE CITY CAN ENFORCE THAT COMMERCIAL VEHICLE FOR STORE KEEPING IT THERE AND DISPATCHING IT FROM THEIR HOMES? DEPENDING ON THE LANGUAGE OF THE DEED RESTRICTIONS, YES. 
          IF YOU'VE GOT A USE RESTRICTION THAT RESTRICTS THE PROPERTY TO RESIDENTIAL USE OR SINGLE FAMILY RESIDENTIAL USE, THE MERE STORAGE OF CERTAIN TYPES OF VEHICLES MAY BE A VIOLATION. 
          YES. 
          OKAY, GREAT. 
          AND THEN IF YOU GO TO SLIDE NUMBER 13, PLEASE, RIGHT THERE YOU SAY AUTOMOBILES PARKED ON THE GRASS. 
          I MEAN, WE HAVE A CITY ORDINANCE WHERE IT'S NO PARKING ON THE GRASS, AND I UNDERSTAND THAT THE DEPARTMENT OF NEIGHBORHOODS OR HPD CAN ENFORCE IT. 
          YEAH. 
          I THINK MAYBE I SHOULD CHANGE THE TITLE TO THIS SLIDE. 
          UM, I SHOULD SAY THE CITY ATTORNEY'S OFFICE AS A DEED RESTRICTION MATTER, BUT YOU ARE ABSOLUTELY CORRECT THAT WE WILL REFER INTEROPERABLE VEHICLES HIGH GRASS TO DEPARTMENT OF NEIGHBORHOODS OR ANY OTHER ISSUE TO THE RELEVANT DEPARTMENT FOR HANDLING. 
          YES. 
          IF YOU CAN PLEASE CORRECT THAT. 
          'CAUSE THAT MIGHT BE MISLEADING FOR NEIGHBORHOODS THAT WENT THROUGH THE TROUBLE TO GETTING THEIR, UH, PETITIONS FOR THE NO PARKING ON THE GRASS. 
          AND NOW THEY'RE SEEING THIS AND THEY'RE LIKE, WELL, GEEZ, YOU KNOW, WHY, WHY DO WE BOTHER GOING DOING THAT PETITION WHEN IT'S SAYING THE CITY CAN'T ENFORCE IT? YEAH, I, I, I STATED IT IN THE PRESENTATION, BUT IT'S NOT WRITTEN QUITE THAT WAY ON THE SLIDE. 
          AND I'LL MAKE THOSE CHANGES BEFORE I GIVE THIS PRESENTATION AGAIN, PLEASE. 
          THANK YOU. 
          THANK YOU, COUNCIL MEMBER. 
          UH, AND, AND, AND IF I HEARD YOU CORRECTLY, THE ATTORNEYS THAT YOU PRESENTED, UH, THAT ARE ASSIGNED TO THE DIFFERENT DISTRICTS, YOU DID SAY THAT THE CIVIC CLUB CAN CONTACT THEM DIRECTLY? ABSOLUTELY. 
          OKAY, GREAT. 
          UM, AND THEN MY NEXT QUESTION IS, UH, IN LINES WITH COUNCIL MEMBER ROBINSON. 
          UH, WE'RE, AS YOU KNOW, WE'RE AT A DISADVANTAGE IN REGARDS TO MOST OTHER CITIES, OR THE VAST MAJORITY OF OTHER CITIES HAVE ZONING. 
          UH, BUT YET HERE WE ARE WITH DEED RESTRICTIONS. 
          UM, CAN YOU LET ME KNOW IF, FOR EXAMPLE, DALLAS, WHICH HAS ZONING, UM, IF, IF, IF THEIR ZONING WAS PUT IN PLACE, LET'S SAY BACK IN THE SIXTIES, ARE THEY HAVING TO GO THROUGH THIS SAYING, OH, WELL, YOU KNOW, THE WORDING NOW HAS CHANGED THIS, AND NOW THEY HAVE THIS AND THEY HAVE THAT. 
          SO DO, DO THEY GO BACK AND CHANGE THEIR ZONING TO, TO, TO TO, UH, UH, YOU KNOW, UH, TO, TO, TO REFLECT THE NEW WORDING, THE NEW THINGS THAT ARE OUT THERE IN REGARDS TO RESTRICTIONS? UH, OR DO THEY JUST LEAVE THEIR ZONING ALONE? UH, AND IF THAT'S THE CASE, WHY ARE WE HAVING TO GO BACK AND UPDATE OUR DEED RESTRICTIONS? BECAUSE AS YOU KNOW, THAT'S NOT AN EASY TASK. 
          I MEAN, IT'S VERY TIME CONSUMING, UH, 
          [00:45:01]
IN, IN, IN REGARDS TO TRYING TO CHANGE YOUR, OR UPDATE YOUR DEED RESTRICTIONS BECAUSE NOW IT'S A LITTLE OUTDATED. 
          UM, YOU KNOW, I, I THINK THAT'S JUST VERY, VERY UNFAIR IF, IF, IF CITIES THAT HAVE ZONING DON'T HAVE TO GO BACK AND UPDATE THEIR ZONING RESTRICTIONS NOW THAT OTHER, OTHER, UM, UH, THINGS ARE NOW, YOU KNOW, BEING USED BY THE PUBLIC OR THE WORDING HAS BEEN CHANGED A LITTLE BIT. 
          SO IF YOU CAN EXPLAIN THAT A LITTLE BIT, AND IF YOU CAN PLEASE PUT ME BACK IN THE QUEUE. 
          SURE. 
          UM, ZONING AND DEED RESTRICTIONS ARE TWO VERY DIFFERENT ANIMALS. 
          UM, ZONING LANGUAGE IS WRITTEN DIFFERENTLY, PARTICULARLY THAN OLD, OLDER FILED DEED RESTRICTION LANGUAGE. 
          UM, AND YES, CITIES DO UPDATE, UPDATE THEIR ZONING REGULATIONS, UM, AS NEEDED. 
          UM, CERTAINLY RECOGNIZE THAT DEED RESTRICTION AMENDMENT. 
          UM, AND MAINTENANCE CAN BE AN ONEROUS TASK DEPENDING ON THE SIZE OF THE NEIGHBORHOOD. 
          UM, AND THE NATURE OF THE AMENDMENT PROCESS FOR THE NEIGHBORHOOD. 
          AGAIN, THAT'S ENTIRELY DEPENDENT ON PRIVATE CONTRACTS. 
          UM, I WISH THE CITY HAD ZONING, BUT UM, THAT HASN'T EVER PASSED IN THE CITY BEFORE . 
          IT CERTAINLY IS A LITTLE BIT EASIER TO DEAL WITH, BUT SOME MIGHT ARGUE IT, IT ALLOWS FOR MORE DEVELOPMENT AND RESILIENCY. 
          BUT, UM, BUT AGAIN, ZONING AND, AND DEED RESTRICTIONS ARE VERY DIFFERENT AND, AND ZONING REGULATIONS DO GET UPDATED. 
          THANK YOU. 
          I HAVE A QUESTION FROM THAT WAS IN THE CHAT, UM, FROM STAFF FROM THE VICE MAYOR PRO TEMS OFFICE. 
          UH, HER QUESTION IS, ATTORNEY YOLANDA WOODS ASSISTED WITH DEED RESTRICTIONS ON CONSTRUCTION OF A CARPORT AT 48 31 NAUGHTY OAKS AND WANTS TO GET A STATUS. 
          UNDERSTAND, YOU MIGHT HAVE TO GET BACK, BACK TO US ON THAT OR IF YOU HAVE IT, UM, AGAIN, WE'RE NOT GOING TO GO INTO SPECIFIC PROPERTIES OR DEED RESTRICTION ISSUES, BUT WE'RE HAPPY TO FOLLOW UP WITH THE COUNCIL MEMBERS, UH, WITH THE VICE MAYOR PRO TEMS, UH, CONCERNS AFTER THE PRESENTATION. 
          GREAT, THANK YOU. 
          COUNCIL MEMBER CISNEROS. 
          THANK YOU. 
          SO, UM, REGARDING THE RESTRICTIONS THAT ARE ENFORCEABLE BY THE CITY, THERE'S FIVE, AND LOOKING AT THE FIRST FOUR, IT'S REAL CLEAR THAT YOU KNOW, THAT THEY'RE BEING DETERMINED BY THE, THE, THE NEIGHBORHOODS, BUT THE, THE FIFTH ONE, THE CONSTRUCTION FENCES THAT REQUIRE A BUILDING PERMIT, DOES THAT ONE EVEN, IS IT NECESSARY THAT THAT'S PART OF A, A DEED RESTRICTION? IS THAT, UM, CAN, IS THAT SOMETHING THAT'S ENFORCEABLE BY THE CITY IF THERE'S RE DEED RESTRICTIONS OR NOT? SO THESE ARE DEED RESTRICTION PROVISIONS THAT THE CITY ATTORNEY'S OFFICE WOULD HAVE ENFORCEMENT AUTHORITY OVER IF THERE IS A PROVISION IN THE DEED RESTRICTIONS THAT SPEAKS TO THIS ISSUE IN QUESTION. 
          AND OUR ORDINANCE IN 10, 5, 5 3 LIMITS OUR AUTHORITY TO FENCES TO THOSE THAT REQUIRE A, A PERMIT. 
          AND SO THAT'S BY ORDINANCE. 
          UM, YOU KNOW, AND, AND YOU KNOW, I WASN'T AROUND WHEN THAT ORDINANCE WAS DRAFTED. 
          I DON'T KNOW WHAT THE THINKING WAS THERE, BUT I CAN SPECULATE THAT, UM, YOU KNOW, WHEN WE'RE DEALING WITH ACTIVE CONSTRUCTION, UM, WHERE THERE'S A PERMIT INVOLVED THAT ALLOWS US TO INVOLVE HOUSTON PUBLIC WORKS, UM, TO HELP WITH THE ENFORCEMENT PROCESS BECAUSE A PERMIT WOULD BE REQUIRED, WE CAN REQUEST STOP WORK ORDERS ON THE PERMIT, UM, AND, AND WE HAVE SORT OF ENFORCEMENT MECHANISM THROUGH THAT CONSTRUCTION PROCESS. 
          UM, IF THE FENCE DOESN'T REQUIRE A PERMIT, UM, WE DON'T HAVE THAT ENFORCEMENT MECHANISM. 
          AND ARGUABLY, UM, PERHAPS THE VIOLATION ISN'T AS SEVERE IF IT'S NOT AS BIG. 
          AGAIN, I DON'T KNOW WHAT THE THINKING WAS WHEN THE ORDINANCE WAS DRAFTING DRAFTED, I'M JUST SPECULATING. 
          BUT, UM, YOU KNOW, CERTAINLY THAT'S, THAT'S LINKED TO OUR ORDINANCE, OUR LOCAL ORDINANCE. 
          SO THAT BEING SAID, IT SEEMS LIKE THAT THAT IS AN ENFORCEABLE RESTRICTION. 
          UM, THAT WOULD BE TRUE ALL OVER THE CITY, WHETHER THERE WERE DEED RESTRICTIONS OR NOT. 
          HOUSTON PUBLIC WORKS COULD ENFORCE TO REQUIRE A BUILDING PERMIT, BUT IF THERE IS NO DEED RESTRICTION REQUIRING THE PLACEMENT OR SPECIFYING THE HEIGHT OF THE FENCE, WE WOULD NOT HAVE AUTHORITY AS A DEED RESTRICTION MATTER. 
          SO THEY'RE, THEY'RE KIND OF TWO SEPARATE ISSUES, IF THAT MAKES SENSE. 
          SO THE HEIGHT, THE, IT COULD BE IF IT'S NOT DEED RESTRICTED, THERE'S NO HEIGHT. 
          UM, I MEAN, BECAUSE IT LOOKS LIKE IT WAS, THERE WERE SOME THINGS HERE WHERE IT WAS OVER FOUR FEET OR OVER EIGHT FEET, SO MM-HMM . 
          IT LOOKED LIKE IT WAS APPLICABLE. 
          SO THERE ARE BUILDING CODE REGULATIONS THAT HAVE TO BE MET UNDER THE BUILDING CODE. 
          AND AGAIN, THAT'S PART OF THE PERMITTING PROCESS. 
          OKAY. 
          THANK YOU. 
          MM-HMM . 
          COUNCIL MEMBER CI, I'M GLAD YOU BROUGHT THAT UP. 
          I WAS AT THE SUPER NEIGHBORHOOD ALLIANCE MEETING LAST NIGHT AND THIS VERY ISSUE CAME UP ABOUT METAL FENCES AND THE INABILITY OF THE CITY IF THEY WERE 
          [00:50:01]
NOT EIGHT FEET. 
          AND THERE'S SEVERAL METAL FENCES EVEN GOING UP IN FRONT YARDS OF, OF MANY OF MANY PLACES WHERE THERE'S, YOU KNOW, THERE'S A PERCEPTION THAT SOMETHING'S GOING ON BACK THERE THAT THEY, THEY DON'T WANT SEEN. 
          SO. 
          WE'LL, WE CAN ASK SOME MORE QUESTIONS MAYBE WHEN THE PERMITTING GETS UP HERE ABOUT THAT COUNCIL MEMBER GALLEGOS. 
          THANK YOU. 
          UM, MY LAST QUESTION HERE, UH, IS IN REGARDS TO THE FIVE THINGS THAT THE CITY CAN ENFORCE, UM, SO HAS THERE EVER BEEN DISCUSSION TO SEE IF THE CITY CAN DO LIKE A GENERAL TEMPLATE IN REGARDS TO, FOR DEED RESTRICTIONS, FOR NEIGHBORHOODS THAT DON'T HAVE DEED RESTRICTIONS? UH, AND, AND JUST INCLUDE THOSE FIVE THINGS, FOR EXAMPLE, UH, SINCE THE CITY CAN ENFORCE IT, UH, LOT SIZE SETBACK, NO. 
          UH, AND THEN INCLUDE NO PARKING ON THE GRASS SINCE THERE'S AN OR AN ORDINANCE ON THAT. 
          UH, AND THEN THE COMMERCIAL VEHICLES STORED OR, OR DISPATCH FROM A RESIDENCE. 
          UM, SO THAT WAY THOSE NEIGHBORHOODS THAT DON'T HAVE DEED RESTRICTIONS, IF THEY CHOOSE TO HAVE DEED RESTRICTIONS, MAYBE THEY HAVE TO FILL OUT SOME KIND OF, UH, UH, YOU KNOW, A, UH, APPLICATION TO THE CITY OR, OR, OR, UH, DO DO SOMETHING IN REGARDS TO TRY TO HAVE DEED RESTRICTIONS. 
          FOR EXAMPLE, MAGNOLIA PARK FOR EXAMPLE, THEY HAVE A CIVIC CLUB, BUT THEY DON'T HAVE DEED RESTRICTIONS AND THEY MEET EVERY MONTH, BUT THERE'S NOTHING THEY CAN DO IN REGARDS TO PROTECT THEIR NEIGHBORHOOD. 
          SO WHEN THERE'S ACTUALLY A NEIGHBORHOOD OUT THERE THAT MEETS AND IS ACTIVE, BUT YET DON'T HAVE DEED RESTRICTIONS, I MEAN, COULD THERE BE SOME KIND OF A TEMPLATE FROM THE CITY SAYING IF YOU GET APPROVAL BY SO MANY RESIDENTS OR WHATEVER THE CASE MIGHT BE, YOU KNOW, YOU, YOU CAN ACTUALLY HAVE DEED RESTRICTIONS WITH THESE 5, 6, 7 THINGS THAT THE CITY CAN HELP TO ENFORCE IN THAT WAY, PROTECT THE NEIGHBORHOOD. 
          IT IT COULD, COULD THAT BE POSSIBLE? OR DO YOU HAVE TO GO TO THE STATE LEGISLATURE TO DO THAT? YEAH, AGAIN, THESE ARE PRIVATE CONTRACTS, UM, AND, AND THE CITY ATTORNEY'S OFFICE DOESN'T HAVE AUTHORITY TO OFFER PRIVATE LEGAL ADVICE AND DRAFTING THESE DOCUMENTS FOR, FOR SUCH NEIGHBORHOODS WOULD CONSTITUTE PRIVATE LEGAL DEVICE, UH, UH, LEGAL ADVICE. 
          UM, YOU KNOW, CERTAINLY, UM, THAT'S WHY WE'RE WORKING WITH LOCAL CLINICS AND, UH, WE REFER TO, UM, OTHER GROUPS THAT MIGHT BE ABLE TO PROVIDE THAT ASSISTANCE SHOULD THEY CHOOSE TO HELP THEM DRAFT THOSE PRIVATE CONTRACTS. 
          BUT, UM, YOU KNOW, AGAIN, THE CITY ATTORNEY'S OFFICE DOESN'T WANT THAT CONFLICT OF INTEREST AS WE MENTIONED EARLIER. 
          AND, UM, AND SO YEAH, IT HASN'T SOMETHING BEEN SOMETHING THAT WE'VE EVER DONE IN THE PAST. 
          AND, AND, AND I UNDERSTAND THAT I'M NOT ASKING THE CITY TO GO OUT THERE AND ACTUALLY DO THE, THE, THE WRITTEN CONTRACT AND IN, IN, IN THAT END. 
          I MEAN, YEAH, THEY CAN GO AHEAD AND HOPEFULLY GET AN ATTORNEY THAT WILL DRAFT IT, BUT CAN THE CITY PROVIDE A, UH, A, A TEMPLATE, UM, SHOWING THESE ARE THE THINGS THAT THE CITY CAN ENFORCE. 
          NOW, CIVIC CLUB, YOU CAN GO OUT, GET YOU AN ATTORNEY, HAVE THEM DRAFT THEIR RESTRICTIONS OR THE DEED RESTRICTIONS WITH THESE FIVE OR SIX THINGS. 
          UH, I MEAN, BECAUSE, BECAUSE THAT RIGHT THERE MEANS A LOT IN, IN REGARDS TO PROTECTING A NEIGHBORHOOD IN REGARDS TO THEIR SETBACK, THEIR LOT SIZE, NO PARKING ON THE GRASS, UH, YOU KNOW, UM, AND THESE ARE JUST BASIC ENFORCEMENT, THE CITY'S ALREADY DOING. 
          UM, SO WHY CAN'T THERE BE A TEMPLATE AND JUST LET THE CIVIC CLUB KNOW YOU GO GET AN ATTORNEY, YOU PAY FOR THAT ATTORNEY, BUT WE, THE CITY WILL ENFORCE THIS. 
          SO, TO YOUR POINT, COUNCIL MEMBER, UM, WE WOULDN'T WANT ANY NEIGHBORHOOD TO LIMIT ITSELF TO JUST THESE FIVE THINGS. 
          UM, IF YOU'RE GOING TO ENCOURAGE A NEIGHBORHOOD TO CREATE DEED RESTRICTIONS, YOU'RE GOING TO WANT A VERY COMPREHENSIVE LOOK AT WHAT THAT NEIGHBORHOOD WANTS AND JUST LIMITING IT TO THESE FIVE THINGS. 
          AND, YOU KNOW, LET'S TALK, WHETHER IT'S A SETBACK OR WHETHER IT'S AN ORIENTATION THAT'S GONNA BE SPECIFIC TO THAT NEIGHBORHOOD. 
          SO IT'S KIND OF HARD TO SAY, WELL, HERE'S A GENERAL TEMPLATE. 
          UM, WE ENCOURAGE COMMUNITIES TO, YOU KNOW, GET TOGETHER, FIGURE OUT WHAT IT IS YOU AS A SUBDIVISION WANT IN YOUR NEIGHBORHOOD BECAUSE IT IS NOT A ONE SIZE FITS ALL. 
          AND SO FOR US TO CREATE A TEMPLATE IS BASICALLY DOING EXACTLY THAT AND TRYING TO PUT SQUARE HOLES IN ROUND PEGS AND IT DOESN'T WORK. 
          UM, SO THAT'S WHY, YOU KNOW, WE WOULD BE CONCERNED ABOUT PUTTING OUT SOME SORT OF DOCUMENT AND THEN NEIGHBORHOODS MARRY THEMSELVES TO IT, WHETHER OR NOT THEY, YOU KNOW, GO OUT AND GET PRIVATE LEGAL COUNSEL AFTERWARDS, WE DON'T WANNA PUT THEM TO, UH, THROUGH THAT EFFORT OF TRYING TO GET THESE DEED RESTRICTIONS ONLY TO TURN AROUND TO FIND OUT IT'S NOT, UM, ENFORCEABLE OR VALID. 
          [00:55:04]
THANK YOU. 
          COUNCIL MEMBER. 
          IT SOUNDS LIKE THE BEST OPTION FROM WHAT I'M HEARING IS TO GET, UH, THIS PRESENTATION IN FRONT OF THE CIVIC CLUB SO THEN THEY CAN GO FROM THERE ON WHAT, WHAT THE CITY CAN AND CANNOT ENFORCE. 
          ALRIGHT. 
          I DON'T SEE ANY OTHER COUNCIL MEMBERS IN THE QUEUE. 
          THANK YOU VERY MUCH. 
          VERY THOROUGH DISCUSSION HERE. 
          YOU CAN TELL WE HAVE A LOT OF INTEREST IN THIS SUBJECT. 
          SO THANK YOU FOR BEING HERE. 
          GREAT PRESENTATION. 
          AND WE WILL MOVE NOW TO TWO PEOPLE. 
          I BOTHER ON THE REGULAR, UM, WHO ARE VERY RESPONSIVE. 
          AND, UM, HOUSTON PERMITTING CENTER, DEPUTY BUILDING OFFICIAL NANCY BREWER, SHE'LL PRESENT FIRST, FOLLOWED BY PLANNING DIVISION MANAGER HECTOR RODRIGUEZ. 
          SO THANK YOU VERY MUCH FOR JOINING US. 
          GOOD MORNING AGAIN. 
          I'M NANCY BREWER. 
          I'M DEPUTY BUILDING OFFICIAL OVER THE PLAN VIEW SECTION AT THE HOUSTON PERMITTING CENTER. 
          AND I'M GONNA BRIEFLY DISCUSS OUR ROLE IN DEED RESTRICTIONS AT BBC AT THE HOUSTON PERMITTING CENTER. 
          NEXT SLIDE, PLEASE. 
          SO, PUBLIC WORKS BEGINS ALL OF OUR PRESENTATIONS WITH, UM, A STATEMENT OF OUR PURPOSE. 
          TOGETHER WE CREATE A STRONG FOUNDATION FOR HOUSTON, HOUSTON TO THRIVE. 
          NEXT SLIDE, PLEASE. 
          SO, THE ROLE OF HOUSTON PUBLIC WORKS IN DEED RESTRICTIONS IS TO PRIMARILY COLLECT THE DEED RESTRICTION DECLARATION AS A PART OF THE BUILDING PERMIT APPLICATION. 
          AND I'M GONNA VERY BRIEFLY SPEND A FEW MINUTES TALKING ABOUT THE VOLUME OF OUR APPLICATION OF APPLICATIONS THAT WE RECEIVE, AND A COMMON A CLOSER LOOK AT THE MOST COMMON REASONS A DEED RESTRICTION DECLARATION IS REJECTED. 
          NEXT SLIDE PLEASE. 
          SO EACH YEAR WE COLLECT APPROXIMATELY 37,000, UH, DEED RESTRICTION DECLARATIONS WITH OUR APPLICATIONS, AND THAT THAT RESULTS IN ABOUT 3,100 ON A MONTHLY BASIS. 
          NEXT SLIDE, PLEASE. 
          THE MOST COMMON REASONS A DEED RESTRICTION DECLARATION WILL BE REJECTED IS IF IT'S MISSING SOME INFORMATION LIKE THE DATE OF BIRTH OR IF SOMEONE MISTAKES THE COUNTRY PORTION FOR COUNTY. 
          AND THOSE ARE HIGHLIGHTED ON THE DOCUMENT. 
          NEXT SLIDE, PLEASE. 
          THIS IS AN EXAMPLE OF THE, THIS IS THE DEED, DEED DECLARATION FORM THAT'S INCLUDED AS A PART OF OUR APPLICATION PROCESS. 
          NEXT SLIDE. 
          THAT'S, THAT'S IT. 
          THANK YOU. 
          IF WE COULD GO TO THE PREVIOUS SLIDE WITH THE DECLARATION FORM, IF YOU CAN KIND OF WALK THROUGH WHAT THAT SAYS, NANCY, THAT'D BE HELPFUL. 
          KIND OF BASICALLY WHAT THEY ARE DECLARING WHEN THEY SIGN THIS DOCUMENT SO THAT THE DECLARATION FORM IS REQUIRING THEIR NAME, UM, THEIR BIRTHDATE, THE ADDRESS, UM, THE COUNTY THAT IT'S IN, UH, INCLUDES THE, THE, SOME INFORMATION SPECIFIC TO THE ADDRESS ABOUT THE DE SUBDIVISION, THE BLOCK NUMBER, ET CETERA. 
          UM, IF IT'S BEING COMPLETED BY SOMEONE OTHER THAN THE OWNER, UM, THEY LIST WHO THE OWNER IS AND THEN THEY, THEY, UM, DECLARE THAT THEY'RE ACTUALLY THE REPRESENTATIVE FOR THE OWNER. 
          UH, BASICALLY THE DEC DECLARATION. 
          AND THIS IS HECTOR RODRIGUEZ PLANNING DEPARTMENT, THE DECLARATION, JUST SAYING THAT THEY'RE NOT IN VIOLATION OF DEED RESTRICTIONS. 
          RIGHT. 
          BUT BY SIGNING THIS, THEY ARE DECLARING THEY'RE NOT EXACTLY IN VIOLATION OF THE DEED RESTRICTIONS. 
          THAT'S THE IMPORTANT PART. 
          OKAY. 
          THAT'S CORRECT. 
          ALRIGHT, ANY QUESTIONS FOR MS. BREWER? OKAY, HECTOR, GO AHEAD. 
          OH, GOOD MORNING, MADAM CHAIR. 
          UH, MEMBER, UH, COUNCIL MEMBERS. 
          MY NAME IS HECTOR RODRIGUEZ, DIVISION MANAGER WITH THE PLANNING DEVELOPMENT DEPARTMENT. 
          UH, THE PLANNING DEPARTMENT HAVE SEEN SEVERAL TYPES OF DEED RESTRICTIONS. 
          UH, THAT INCLUDES LAND USE, UH, BUILDING LINE, AND TYPICALLY ONE HOUSE PER LOT OR A LOT CANNOT BE SUBDIVIDED. 
          UH, IF WE ARE ALERTED THAT THERE'S A POSSIBLE DEED RESTRICTION VIOLATIONS, WE IMMEDIATELY SEND IT TO THE LEGAL DEPARTMENT FOR THE REVIEW. 
          IN THE EVENT THAT THE, THE LEGAL DEPARTMENT DETERMINES THAT IT'S AN ACTUAL VIOLATION, WE EMAIL THE, UH, BUILDING CODE ENFORCEMENT TO ISSUE A STOP WORK ORDER FOR THIS. 
          UM, AND IF, IF THE CONSTRUCTION HAS ALREADY, UH, UH, STARTED, AND THEN THE LEGAL DEPARTMENT AND THE CODE ENFORCEMENT WILL VERY TAG, GIVE CITATIONS UNTIL THEY COMMIT TO COMPLIANCE. 
          UH, IT'S A SPECIAL NOTE. 
          UM, THE CHAPTER 42, THE DEVELOPMENT CODE HAS PROVISIONS FOR, AND I'M, SOME OF YOU MAY ALREADY KNOW, BUT THE, UH, SPECIAL MINIMUM BUILDING LINE AND LOT SIZE THAT PROTECTS NEIGHBORHOODS BLOCK BY BLOCK OR SMALL AREAS OF A NEIGHBORHOOD. 
          AND THIS IS CALLED A SPECIAL MINIMUM LOT SIZE AND BUILDING LINE. 
          THIS PROTECTION IS FOR, I THINK IT'S 20 YEARS, THE 
          [01:00:01]
DURATION, AND IT HAS TO GO THROUGH CITY COUNCIL FOR APPROVAL. 
          AND IT, IT'S PETITION DRIVEN. 
          SO IF A NEIGHBORHOOD WANTS TO PETITION, I THINK IT'S OVER 50%. 
          UH, IN SUPPORT, YOU CAN PROTECT A UM, NEIGHBORHOOD OR BLOCK BY BLOCK FOR SIZE AND THE BUILDING LINE. 
          SO TO MAINTAIN A, THE CHARACTER OF A EXISTING BUILDING LINE, THEY JUST SAY, ALL THAT HAZARD ARE SETBACK 20 FEET, THEN THAT'S A PREVAILING BUILDING LINE. 
          UM, ALSO UNDER THE SPECIAL MINIMUM LOT SIZE, THERE IS RESTRICTIONS THAT THE LOT THAT IS RESTRICTED, THAT IT'S IN USE FOR SINGLE FAMILY HAS TO REMAIN SINGLE FAMILY. 
          IF IT'S VACANT, IT CAN ONLY BE SINGLE FAMILY ON, ON, ON THAT PARTICULAR LOT. 
          SO YOU CAN'T GO BACK AND, AND, AND, UH, CHANGE THE USE AND OPEN UP A BUSINESS ON A LOT THAT IT HAS A SINGLE FAMILY HOUSE, OR IF IT'S VACANT, IF IT'S ALREADY COMMERCIAL, THEN YOU'RE ALLOWED TO DO COMMERCIAL ON THAT PARTICULAR LOT. 
          BUT IT'S BA IT IS BASED UPON WHEN THE APPLICATION COMES IN. 
          IF THE APPLICATION COMES IN AS A COMMERCIAL DEVELOPMENT, THEN IT REMAINS COMMERCIAL THAT PARTICULAR LOT. 
          ALSO, WE ALSO HAVE ANOTHER PROVISIONS UNDER CHAPTER 28, AND IT'S CALLED PROHIBITED YARD PARKING. 
          AND THERE'S AN APPLICATION THAT, UH, UH, NEIGHBORHOODS CAN OPT INTO, AND THIS IS JUST TO PREVENT PEOPLE FROM PARKING IN FRONT OF THE YARDS. 
          AND IT'S, AND AGAIN, IT'S BY PETITION, AND YOU HAVE TO FILL OUT THE, UH, AN APPLICATION THROUGH THE CITY OF HOUSTON PLANNING DEPARTMENT TO HAVE THE PROTECTION FOR YOUR BLOCK. 
          NEXT SLIDE. 
          OKAY. 
          UNDER SUBDIVISION PLATTING, WE SEE TWO TYPES OF RESTRICTIONS. 
          WE SEE PLAT RESTRICTIONS AND SEPARATELY FILED DEED RESTRICTIONS. 
          IN 1999, UH, THE CODE OF ORDINANCES, CHAPTER 42, WAS AMENDED TO INCLUDE PROVISIONS THAT INCLUDE A, IF WE CAN GO BACK TO THE PREVIOUS SLIDE, THIS IS, UH, A SUBDIVISION THAT SHOWS THE SINGLE FAMILY PARAGRAPH AND THE DEDICATION LANGUAGE, AND ALSO IS THE PLATE, SINGLE FAMILY RESIDENTIAL PLATE. 
          NOTE, THESE WERE INCORPORATED IN ALL SUBDIVISION PLA THAT HAVE RESIDENTIAL LOTS, AND THESE RESTRICT ALL THE RESIDENTIAL LOTS FOR SINGLE FAMILY RESIDENTIAL. 
          AGAIN, THIS IS, UH, AFTER 1999, WE STARTED, UH, IMPLEMENTING THIS, THIS NEW, UH, ORDINANCE. 
          GO TO THE NEXT SLIDE, PLEASE. 
          IF SUBDIVISIONS ARE OLDER THAN 1999, THEY MAY OR MAY NOT HAVE SEPARATELY FILED DEED RESTRICTIONS. 
          UH, LIKE FOR INSTANCE, THIS ONE RIGHT HERE, UM, IF SOMEBODY WANTS TO COME IN AND TAKE ONE OF THESE LOTS OR SEVERAL OF THESE LOTS AND SUBDIVIDE THEM TO CREATE, YOU KNOW, TOWN HOMES OR DEVELOPMENT OR COMMERCIAL DEVELOPMENT, THEY HAVE TO GO THROUGH THE REPL PROCESS. 
          THE RELA PRO, IF IT'S DEED RESTRICTED, UM, WELL ALL RELAS THAT COME IN THROUGH THE CITY OF HOUSTON, IF IT'S A REPL, WE HAVE TO LOOK AT THE A, UH, THE TILE REPORT, A TILE REPORT, AND SEPARATELY FILED DEED RESTRICTIONS HAVE TO BE SUBMITTED WITH THE APPLICATION FOR OUR REVIEW. 
          IF THE, IF STAFF LOOKS THROUGH THE DEED RESTRICTIONS AND FIND ANY LANGUAGE THAT THAT TALKS ABOUT SINGLE FAMILY, RESIDENTIAL, OR BILLING LINE, THOSE ARE IMMEDIATELY SENT TO THE LEGAL DEPARTMENT FOR THE REVIEW AND THE, AND THE DETERMINATION, WHETHER IT'S IN VIOLATION OR NOT. 
          UH, NEXT SLIDE, PLEASE. 
          IF A REPL IS DETERMINED TO HAVE, UH, DEED RESTRICTIONS OR IT MENTIONS SINGLE FAMILY RESIDENTIAL NOTE, UM, LANGUAGE, EITHER IF IT HAD, EVEN IF THEY'RE EXPIRED, IF IT EVER HAD PROTECTION FOR SINGLE FAMILY RESIDENTIAL, IT WOULD, IT WOULD HAVE TO HAVE A PUBLIC HEARING THROUGH THE PLANNING COMMISSION, A PUBLIC HEARING. 
          AND THESE ARE THE, THE STEPS, UH, AS THE FLOW CHART SHOWING THE STEPS IT HAS TO GO THROUGH, THROUGH THE, UH, PLANNING COMMISSION. 
          THE APPLICATION IS TAKEN IN, UH, STAFF REVIEWS IT. 
          THE PLANNING COMMISSION HAS TO ESTABLISH A PUBLIC HEARING 30 DAYS PRIOR TO THE ACTUAL HEARING OF THAT APPLICATION. 
          THE LEGAL DEPARTMENT REVIEWS THE DEED RESTRICTIONS, AND THEY MAKE A DETERMINATION THAT THE REPL IS IN VIOLATION OR IT MEETS ALL THE DE SEPARATELY FILED DE RESTRICTIONS BASED ON THE, ON THE, UH, RESTRICTIONS. 
          WE SEND OUT NOTIFICATIONS TO PROPERTY OWNERS. 
          THERE IS A SIGN THAT'S POSTED NEWSPAPER AND THEN STAFF PRESENTS THE PUBLIC HEARING TO THE PLAN COMMISSION WITH THE LEGAL DETERMINATION THAT THERE ARE NO SEPARATELY FILED DEED RESTRICTIONS. 
          IF WE DETERMINE THAT IT'S A VIOLATION, THEN OBVIOUSLY WE DENY THE APPLICATION. 
          TYPICALLY, THE, THE APPLICANT WOULD WITHDRAW THE APPLICATION AND, UH, 
          [01:05:01]
THAT'S IT, IT GOES AWAY UNLESS THEY GO BACK AND AMEND THE DEED RESTRICTIONS TO BE ABLE TO PROCEED WITH THE, UH, THE RE THEIR PROPOSED REPL PROCESS. 
          UH, I THINK THAT'S IT. 
          NEXT SLIDE. 
          THESE ARE JUST REFERENCE INFORMATION. 
          OUR, OUR WEBPAGE, THE PLANNING AND, UH, HOUSTON PLANNING.COM HAS ALL THE INFORMATION ABOUT MINIMUM LIFE SIZE, MINIMUM BUILDING LINE, UH, PROHIBITED PARK YARD, UH, PARKING IN THE YARDS ORDINANCES, AND YOU CAN GET ALL THAT INFORMATION. 
          AND, AND, UM, LET ME SEE IF YOU WANNA KNOW MORE ABOUT THE PLANNING COMMISSION, THERE IS THE LINK. 
          AND THAT CONCLUDES MY PRESENTATION. 
          IF YOU CAN SEND ANY QUESTIONS. 
          THANK YOU, HECTOR AND NANCY. 
          I THINK EVERYBODY GOT THEIR QUESTIONS OUT WITH THE LEGAL DEPARTMENT, , SO I DON'T SEE ANYBODY IN THE QUEUE, BUT REALLY APPRECIATE YOUR, YEAH, SORRY, I'M SORRY, CHAIR. 
          I'M TYPING HERE. 
          IT'S GALLEGOS. 
          GREAT. 
          COUNCIL MEMBER, GALLEGOS AND ROBINSON ARE IN THE QUEUE. 
          SORRY, I JUMPED THE GUN. 
          GO AHEAD. 
          COUNCIL MEMBER GALLEGOS. 
          THANK YOU. 
          UH, IN, IN REGARDS TO THE NEIGHBORHOODS OR THE BLOCKS THAT HAVE GONE OUT TO DO THE PETITION FOR LOT SIZE AND SETBACK AND THE NO PARKING ON THE GRASS ORDINANCE. 
          UH, SO BASICALLY, AND, AND, AND, AND A, UH, OPT-IN, UM, HOW MANY NEIGHBORHOODS OR BLOCKS ARE ALMOST UP IN REGARDS TO THEIR 20 YEARS WHERE THEY WILL HAVE TO GO AND DO IT ALL OVER AGAIN? I'M SORRY, WHAT WAS THE QUESTION AGAIN? THE NEIGHBORHOODS, THE N THE AREAS OR BLOCKS THAT GO OUT AND DO THE OPT IN FOR SETBACK LOT SIZE AND NO PARKING ON THE GRASS. 
          UH, WHAT I UNDERSTAND, UH, IT EXPIRES AFTER 20 YEARS. 
          THAT'S CORRECT. 
          SO MY QUESTION IS, MY QUESTION IS HOW MANY APPLICATIONS ARE OUT THERE THAT ARE ABOUT TO MEET THEIR 20 YEARS THAT THEY'RE GONNA HAVE TO GO BACK AND OPT IN ONCE AGAIN? UM, THE, UM, SPECIAL MINIMUM LOSS AND BILLING LINE WAS ESTABLISHED IN, I BELIEVE IN 2002. 
          SO WE ARE STARTING, STARTING TO SEE SOME APPLICATIONS COME BACK IN FOR RENEWAL. 
          SO THEY HAVE TO COME BACK AND RENEW THE APPLICATION. 
          I BELIEVE THEY HAVE TO RESUBMIT THE APPLICATION ALL OVER AGAIN TO, TO EXTEND THAT FOR THE, UH, ANOTHER 20 YEARS. 
          BUT YES, EACH APPLICATION HAS TO RESUBMIT IT. 
          IT'S NOT AUTOMATIC COUNCIL MEMBER. 
          I, UH, SINCE WE'VE HAD THE CONVERSATION, UM, ABOUT THAT AND HA HAVE CHANGING IT TO BEING AN OPT OUT INSTEAD OF AN OPT-IN, I DID HAVE A, A EMAIL EXCHANGE WITH THE DIRECTOR OF PLANNING WHO STATES THAT ONLY IT ONLY TAKES ONE SIGNATURE TO RENEW. 
          OH, OKAY. 
          SO THAT, SO YOU DON'T HAVE TO GO OUT AND GET THE WHOLE NEIGHBORHOOD AGAIN TO DO IT. 
          AND THERE WAS A POINT IN TIME WHEN WE EXTENDED THE 20 YEAR MINIMUM SETBACK OR THE MINIMUM LOT SIZE TO A 40 YEAR. 
          SOME OF THEM ARE GOVERNED UNDER 20 YEARS. 
          SOME OF THE NEWER ONES ARE GOVERNED UNDER 40 YEARS, FOUR YEARS. 
          YEAH, THAT'S CORRECT. 
          BUT IT'S MY UNDERSTANDING FROM WHAT THE DIRECTOR TOLD ME COUNCIL MEMBER, IS THAT THEY DON'T HAVE TO TOTALLY REDO THE PROCESS. 
          IT JUST TAKES ONE SIGNATURE TO RENEW A MINIMUM LOT SIZE. 
          IS THAT CORRECT? HE, I, I BELIEVE SO. 
          I BELIEVE SO. 
          OKAY. 
          BECAUSE, BECAUSE I, I, I'M, UM, CHAIR, IF, HOPEFULLY IF YOU CAN, UH, ALSO ASK THE PLANNING DEPARTMENT TO PRESENT SOMETHING REGARDING THAT TO, TO VERIFY YES. 
          UH, BE BE BECAUSE I'M CONCERNED. 
          I WANNA MAKE SURE THAT IS THE CASE, UH, TO MAKE SURE THAT THESE NEIGHBORHOODS OR BLOCKS ARE PROTECTED AND THEY DON'T HAVE TO GO OUT AND DO THE LEGWORK ALL OVER AGAIN. 
          RIGHT. 
          I TOTALLY AGREE WITH YOU. 
          AND, AND, AND, AND I KNOW I'VE, I'VE SPOKEN WITH THE MAYOR AND, AND, AND, AND, YOU KNOW, GOT, YOU KNOW, GOT HIS ATTENTION ON THIS AS WELL. 
          SO I JUST WANNA MAKE SURE THAT, UM, YOU KNOW, THE AREAS OR BLOCKS THAT HAVE GONE THROUGH THIS PROCESS TO OPT TO OPT IN, DON'T HAVE TO GO THROUGH THAT. 
          AND IF IT, IF IT IS THE CASE, THEN ALL YOU HAVE TO DO IS JUST GO GET ONE SIGNATURE AND THAT WILL TAKE CARE OF IT. 
          BUT I, I WANNA, I WANT, I WAS HOPING THAT, UH, MAYBE THEY CAN COME AND SPEAK ON THIS CHAIR. 
          GREAT. 
          YES. 
          THANK YOU. 
          WILL DO. 
          THANK YOU. 
          COUNCIL MEMBER ROBINSON. 
          THANK YOU. 
          AND, AND TO PICK UP ON THAT THOUGHT, I THINK IT'S AN EXCELLENT, UH, QUESTION FOR, FOR US TO BE PROACTIVE ABOUT WITH NEIGHBORHOODS. 
          UM, AND SHOULD THAT SIGNATURE, THE ONE SIGNATURE NEEDED MM-HMM . 
          DOES THAT HAVE TO BE AN OFFICER WITHIN, UH, CIVIC CLUB, OR CAN THAT REALLY BE ANYBODY ON THE BLOCK? YOU KNOW, JUST WHAT, WHAT CONSTITUTES THAT? OF COURSE, THEN IT GETS INTO A VERY SLIPPERY SLOPE THAT THE LEGAL DEPARTMENT MIGHT WANT TO WEIGH IN ON, YOU KNOW, UH, REGARDING RULES AND 
          [01:10:01]
BYLAWS OF EACH AND EVERY CIVIC CLUB AND EACH AND EVERY SUPER NEIGHBORHOOD. 
          AND AGAIN, GETS TO SOME PROBLEMATIC TERRITORY FOR HOUSTON WITHOUT ZONING AND WITHOUT A WHOLE LOT OF BASIC REGULATIONS THAT WE HAVE. 
          SO APPRECIATING MY COLLEAGUE, UM, GALLEGOS WITH SOME OF THE CONCERNS HE'S HAD IN, IN DISTRICT I, AND HOW THEY APPLY AT LARGE. 
          I GUESS MY QUESTION FOR YOU TWO IS REALLY SOMETHING THAT WE ADDRESSED IN THE RECENT, UM, FORUM THAT CHAIR ALCORN AND I HOSTED ON PERMITTING MM-HMM . 
          AND, UH, WITH REGARD TO THAT, AND WHAT YOU'VE JUST DESCRIBED WITH WHAT I, WHAT WE ALL KNOW IS A FAIRLY COMPLICATED PROCESS OF, UH, PLATTING AND RE PLATTING AND HOW ONE DOES THAT IN PREPARATION FOR A BUILDING PERMIT. 
          AND I GUESS MAYBE IN THIS FORUM, I'D LOVE TO HEAR FROM YOU BOTH ABOUT WHAT WE ARE DOING PROACTIVELY, AGAIN, TO HELP ON PERMITTING AND PLATTING SO THAT YOUR TEAM, HECTOR AND, AND NANCY WITH YOU, UM, THE FRONT END OF A REPL IS CARRIED THROUGH WITH THE SAME KIND OF, UH, AUTHORITY AND REVIEW THAT IT IS BY THE TIME WE GET TO A BUILDING APPLICATION. 
          SO A APPLICANT AND DEVELOPER OR AN INDIVIDUAL CAN KNOW WHAT TO EXPECT FROM THE CITY OF HOUSTON. 
          YES. 
          UM, AGAIN, IF, IF SOMEBODY IS AWARE OF ANY DEED RESTRICTIONS THAT WE'RE NOT AWARE OF, THEY CAN CERTAINLY BRING IT TO OUR ATTENTION. 
          AGAIN, IT THE, EACH APPLICATION HA, WE HAVE TO CHECK THE DEED RESTRICTIONS AND WE FORWARD IT TO THE LEGAL DEPARTMENT FOR THE REVIEW. 
          BEYOND THAT, YOU KNOW, MY STAFF ARE NOT ATTORNEYS, SO THEY JUST LOOKING AT IT, IF ANYTHING RED FLAG COMES UP, WE IMMEDIATELY SEND IT TO THE LEGAL DEPARTMENT FOR THE REVIEW, AND THEN THE LEGAL DEPARTMENT WILL LET US KNOW WHETHER IT IS IN VIOLATION TO THE SUBDIVISION PLAT OR NOT. 
          YEAH. 
          AND THAT, AND THAT'S AN IMPORTANT POINT, YOUR, YOUR STAFF ARE NOT LAWYERS, BUT THEY KNOW THE CODE, THEY KNOW THE RULES, UH, REGARDING PLATTING MM-HMM . 
          AND, UM, MS. BREWER, I'M, I'M THINKING OF YOUR RESPONSIBILITY AS WELL, WHAT WE, WHAT WE THEN DO WITHIN THE PERMITTING CENTER TO, TO ENFORCE THOSE ISSUES. 
          AND, AND I KNOW YOU'VE LIVED A LONG LIFE FOR, UM, WORKING ON THESE THINGS WITHIN THE DEPARTMENT. 
          I'D LOVE TO HEAR YOUR PERSPECTIVE ON CONSISTENCY AGAIN MM-HMM . 
          WITHIN THE DEPARTMENTS IN TERMS OF THE PERMITTING PROCESS. 
          YEAH. 
          AND, AND PLATTING IN PARTICULAR. 
          SO THE PLATING PRO IS, IS HANDLED BY THE PLANNING GROUP. 
          RIGHT. 
          AND, OKAY. 
          AND, AND LET ME PUT A POINT ON IT. 
          'CAUSE THE, THAT ONE PAGE FORM THAT YOU SHOWED A MOMENT AGO WITH THE DECLARATION, IT'S A REALLY SIMPLE ACTION FOR THAT, UH, CONTRACTOR OR THE DEVELOPER TO SIGN THAT MM-HMM . 
          AND, UM, I GUESS SINCE YOU DIDN'T GET ANY QUESTIONS WHEN YOU PRESENTED YOUR PART, WHAT, WHAT HAVE WE SEEN THAT GIVES US CONFIDENCE THAT DEVELOPERS AND APPLICANTS ARE FOLLOWING THE RULES AND NOT JUST SIGNING THAT KIND OF BLINDLY IN THE PROCESS? IT, WELL, IF THEY DO SIGN THE, THE, UM, THE FORM, AND THEY ARE, THEY ARE BOUND BY THOSE, BY THAT STATEMENT. 
          SO AFTER THAT BUILDING CODE ENFORCEMENT CAN ISSUE CITATIONS AND RED TAGS AND DO A STOP WORK ORDER UNTIL THE MATTER IS RESOLVED. 
          HOW OFTEN DOES THAT HAPPEN? ADD THAT UP? HAS IT HAPPENED IN THE PAST THREE YEARS? ABSOLUTELY. 
          ABSOLUTELY. 
          OKAY. 
          'CAUSE I'VE WORKED WITH, I'VE WORKED WITH HEATHER AND, AND HER GROUP WHEN I WAS IN INVESTIGATIONS AND A GREAT DEAL OF INVESTIGATIONS THAT WE PERFORM ARE AT THE REQUEST OF THE LEGAL DEPARTMENT. 
          OKAY. 
          SO, AND THEY ARE, THEY ARE MAKING SURE THAT THAT APPLICANT, THAT THAT DEED RESTRICTION DECLARATION IS ON FILE AND HAS BEEN EXECUTED. 
          TINY LITTLE FOLLOW UP CHAIR, BUT JUST, JUST TO QUANTIFY THAT A LITTLE BIT, NANCY, IS IT, IS IT A DOZEN OR A COUPLE DOZEN, OR IS IT A DOZEN A YEAR OR, YOU KNOW, ANY SCOPE OF MAGNITUDE ON HOW MANY VIOLATIONS OR EVEN RED FLAGS WE HAVE THAT ARE, I'D HAVE TO, I'D HAVE TO LOOK TO SEE THE, TO LOOK AT THE NUMBERS BECAUSE WE TRACK THE, WE TRACK THEM THE 3 1 1 COMPLAINTS THAT WE GET, BUT WE DON'T NECESSARILY TRACK THE ONES THAT WE GET FROM LEGAL. 
          RIGHT. 
          WELL, I, I KNOW OF A PARTICULAR CASE THAT'S COME FORWARD RECENTLY THAT WENT THROUGH, UH, GOT A PERMIT, UM, WAS I THINK SOMETHING VERY RELEVANT TO THE PLATTING PROCESS AND GOT TO AN INSPECTION WHERE, UM, THE APPLICANT WANTING TO BUILD TRIPLEXES, WHICH IS KIND OF A COMMERCIAL APPLICATION, UM, HAD REALLY SUBMITTED SOMETHING THAT COULD ONLY HAVE BEEN A RESIDENTIAL APPLICATION WITH A MAXIMUM OF TWO UNITS. 
          AND SOMEHOW THAT IS PRETTY NEBULOUS WITHIN THE PLANNING AND LEGAL DEPARTMENTS MM-HMM . 
          AND SOMETHING THAT IS FAIRLY HIGH, HIGH BAR FOR A COMMON, UM, CONTRACTOR OR DEVELOPER TO UNDERSTAND. 
          SO THAT'S, THAT'S WHERE I'M REALLY PLEASED TO KNOW OF THE COLLABORATION BETWEEN THE PLANNING DEPARTMENT AND LEGAL, UM, 
          [01:15:01]
AND, AND HARD HECTOR, I THINK FOR, FOR YOUR TEAM TO UNDERSTAND KIND OF SOME OF THE SUBTLETIES OF THE CODE WITH REGARDING HOW MANY UNITS CONSTITUTE, UH, RESIDENTIAL VERSUS COMMERCIAL, ET CETERA. 
          UH, SINGLE FAMILY RESIDENTIAL IS DEFINED BY A ONE HOUSE ON A LOT OR DUPLEX OR A SINGLE HOUSE WITH A DETACHED, UH, LIKE AN A DU LESS THAN 900 SQUARE FEET. 
          THAT'S A DEFINITION OF SINGLE FAMILY RESIDENTIAL. 
          NO MORE THAN THAT FOR PER LOT. 
          WELL, AGAIN, I'D, I'D LOVE IF THERE IS SOME FOLLOW UP JUST TO QUANTIFY THAT A LITTLE BIT TO SEE, YOU KNOW, NOT, NOT THAT, UM, THIS IS AN INTERROGATION, BUT I'D LOVE TO KNOW HOW OFTEN THAT'S HAPPENING. 
          OKAY. 
          THANKS. 
          THANK YOU. 
          I DON'T SEE ANY OTHER COUNCIL MEMBERS OR STAFF IN THE QUEUE, SO WE WILL MOVE TO PUBLIC COMMENT. 
          WE HAD FOUR SPEAKERS SIGN UP FOR THE DEADLINE YESTERDAY. 
          EACH SPEAKER WILL HAVE THREE MINUTES. 
          FIRST, WE'LL HEAR FROM JOAN SLOAN HOUSTON GARDENS CIVIC ASSOCIATION, JOAN SLOAN. 
          REMEMBER TO PRESS STAR SIX TO UNMUTE. 
          WE SEE YOU ON, SO WE'LL GIVE YOU A SECOND. 
          OKAY. 
          WE'LL COME BACK TO YOU NEXT. 
          AMY DEN WITH THE GLENWOOD FOREST COMMUNITY CIVIC CLUB, AND SUPER NEIGHBORHOOD 48. 
          AMY, THIS IS AMY DEN. 
          CAN YOU HEAR ME? YES. 
          GREAT. 
          UM, MY NAME IS AMY DEN. 
          I'M THE MANAGING ATTORNEY AT LONE STAR LEGAL AID ENVIRONMENTAL JUSTICE TEAM. 
          AND ON BEHALF OF OUR REPRESENTED CLIENTS, WE HAVE RAISED CONCERNS ABOUT TO CITY ATTORNEYS MAKING PUBLIC COMMENTS ABOUT THE VALIDITY OF RESTRICTIONS FOR CERTAIN NEIGHBORHOODS. 
          THIS HAS HAPPENED IN PUBLIC FORMS, AND WE FEEL THAT IS INAPPROPRIATE BEHAVIOR. 
          WE HAVE NOT RECEIVED A RESPONSE FROM LEGAL REGARDING THAT CONDUCT THAT OCCURRED EARLIER THIS YEAR. 
          SECOND, UM, THESE RESTRICTIONS ARE FILED OF RECORD IN THE, THE REAL PROPERTY RECORDS AND SHOULD BE GIVEN EFFECT BY THE CITY, UNLESS SOMEHOW INVALIDATED. 
          AND THE CITY ATTORNEY'S OFFICE IS NOT THE ULTIMATE ARBITRATOR HERE REGARDING VALIDITY OF RESTRICTIONS UNDER THE TEXAS PROPERTY CODE. 
          THAT CAN ONLY BE DETERMINED BY A JUDGE AND THE DECLARATORY JUDGMENT ACTION INITIATED BY ONE OF THE PARTIES TO THE DEED RESTRICTIONS. 
          AS WE'VE HEARD TODAY, THE CITY LEAVES PERMITTING APPLICANTS ON THEIR HONOR TO FOLLOW RESTRICTIONS. 
          THERE ARE SEVERAL ISSUES THAT CAN RESULT. 
          FIRST, THE RESTRICTIONS HAVE TO BE DISCLOSED. 
          MANY APPLICANTS DON'T DISCLOSE OR ACTIVELY TRY TO HIDE THE EXISTENCE OF THE RESTRICTIONS. 
          THE FORM THE CITY USES TO VERIFY, UH, DEC THE DECLARATION IS, IS INSUFFICIENT FOR THIS PURPOSE. 
          WE'RE GOING TO BE SENDING A LETTER TODAY, UH, REGARDING GLENWOOD FOREST SUBDIVISION, SECTION FIVE, WHERE AN APPLICATION WAS FILED FOR REPLAT THAT DID NOT DISCLOSE THE EXISTENCE OF RESTRICTIONS THAT HAVE BEEN ADOPTED, AND THE PROPERTY WAS NEVER OPTED OUT OF THOSE RESTRICTIONS. 
          UH, THAT LETTER WILL EXPLAIN SIGNIFICANTLY THE ISSUES THAT HAVE RESULTED IN THAT NEIGHBORHOOD AS THE RESULT OF THAT. 
          SECOND, THE APPLICANT ONLY OPENLY DISCLOSED THAT THEIR INTENTION IN FILING THE PERMIT IS TO VIOLATE THE RESTRICTIONS. 
          AND THAT APPLICATION MAY BE INITIALLY REJECTED AS ONE OF THE PERMITTING, UM, UH, PEOPLE HAD MENTIONED, BUT THEN THEY'RE A SUBSEQUENTLY ALLOWED TO APPROVE THAT DEVELOPMENT. 
          THE CITY HAS TAKEN THE POSITION IN COURT THAT THEY DIDN'T KNOW. 
          WHEN IT'S CLEAR FROM THE PLANS AND THE INFORMATION OBJECTIVELY IN FRONT OF THE CITY, THAT THE APPLICANT PLANS TO VIOLATE RESTRICTIONS, BUT THEY ALLOW THE DEVELOPMENT ANYWAY. 
          THAT'S THE SITUATION IN CHANNELS OF TEXAS. 
          FINALLY, WE HAVE A SITUATION WHERE THE APPLICANT CAN SPEAK A REPL AND THEN PUT LANGUAGE IN THAT REPL THAT UNDERMINES THE RESTRICTIONS THAT ARE IN PLACE, THAT THE APPLICANT IS SAYING THAT IT WILL FOLLOW. 
          THEN THE CITY HAS APPROVED THE LANGUAGE IN THE REPL THAT CONFLICTS WITH THE LANGUAGE, UH, ADDED BY, UH, IN THE ORIGINAL RESTRICTIONS. 
          THAT'S ANOTHER SITUATION THAT'S IN ACTIVE LITIGATION. 
          UM, WHY ARE THESE SITUATIONS IMPORTANT FOR THE CITY TO STOP? BECAUSE THE CITY'S INACTION IS DESTROYING THESE NEIGHBORHOODS, NEIGHBORHOODS THAT DID THEIR BEST TO PUT PROTECTIONS IN PLACE TO HAVE A CONSISTENT LOOK AND FEEL. 
          THEN THE NON-CONFORMING DEVELOPMENT APPROVED BY THE CITY LOWERS PROPERTY VALUES AND CAUSES NUISANCES THAT THE COMMUNITY SHOULD BE PROTECTED AGAINST. 
          THE CITY HAS TO DO SOMETHING IN ABSENCE OF ANY ZONING. 
          THE CITY CANNOT CHOOSE ONE SET OF RESIDENTS OVER ANOTHER. 
          THANK YOU FOR YOUR TIME. 
          THANK YOU, AMY. 
          YOU BROUGHT UP A LOT OF POINTS. 
          WE'RE GONNA GET ALL OF THEM DOWN AND FOLLOW UP WITH ALL THE PRESENTERS HERE ABOUT THEM. 
          I APPRECIATE YOUR DILIGENCE ON THIS MATTER. 
          THANK YOU FOR COMING NEXT. 
          WE HAVE CORIN. 
          [01:20:07]
CAN YOU HEAR ME? YES. 
          YES. 
          I, UH, I'M CONCERNED BECAUSE JUST RECENTLY I NOTICED A SINGLE RESIDENTIAL HOME IN MY AREA HAS BEEN CHANGED INTO A DUPLEX APARTMENT. 
          NOW, THIS CONCERNS ME BECAUSE THIS HOUSE IS IN A RESIDENTIAL AREA AROUND OTHER HOMES. 
          AND ALSO, IF THIS IS ALLOWED, ANYONE BUYING A HOUSE IN THIS AREA CAN DO THE SAME THING TO CREATE MORE FUNDS FOR HIS OR HER, UH, RENT TO JUST INCREASE, YOU KNOW, THEIR RENT. 
          AND, UM, I, I DON'T UNDERSTAND. 
          UM, MY QUESTION IS WHY IS THIS ALLOWED? THIS SHOULDN'T BE ALLOWED IN NO, UH, RESIDENTIAL AREA. 
          AND ANOTHER QUESTION THAT I HAVE, UH, WE HAVE IN, ESPECIALLY ON MY STREET, FOR FIVE YEARS, THERE HAS BEEN A BOX TRUCK, UH, UH, IN A RESIDENTIAL. 
          WELL, IT'S, IT'S IN, ON THE SIDE OF THE RESIDENTIAL HOME. 
          THAT BOX TRUCK HAS BEEN THERE FOR FIVE YEARS. 
          WE HAVE BEEN SENDING IN, UH, COMPLAINTS. 
          THEY COME OUT AND PUT, UH, UH, TAGS ON THE TRUCK, AND NOTHING, NOTHING HAPPENS. 
          SO, I'M, I'M WONDERING WHAT, WHAT IS GOING ON THERE? THANK YOU. 
          THANK YOU FOR TAKING MY QUESTIONS. 
          THANK YOU SO MUCH, MS. MERRIT, AND WE WILL FOLLOW UP WITH YOU TO GET THE EXACT LOCATIONS OF THOSE, UH, SITUATIONS. 
          UH, WE DID HAVE A MEETING ABOUT THE, UH, COMMERCIAL VEHICLES AND NEIGHBORHOODS A COUPLE MONTHS AGO, AND WE ARE GETTING SOME MOVEMENT FROM THE ADMINISTRATION ON, ON STEPS WE'RE GONNA TAKE TO ADDRESS THAT. 
          WE KNOW THAT'S A BIG ISSUE IN, IN MANY PARTS OF TOWN. 
          BUT WE WILL FOLLOW UP WITH YOU ABOUT YOUR SPECIFIC, UH, LOCATIONS OF THESE ISSUES. 
          AND THANK YOU VERY MUCH FOR CALLING. 
          NEXT, WE THANK YOU. 
          NEXT WE HAVE DEANNA SLOAN. 
          DEANNA SLOAN. 
          PRESS STAR SIX TO UNMUTE. 
          OKAY. 
          I AM, UH, DEANNA SLOAN, AND I'M A HOUSTON GARDEN RESIDENT, AND I'M SPEAKING FOR MYSELF AND NEIGHBORS, UH, WHO ARE FOCUSED ON, UH, CONTINUING TO BUILD OUR COMMUNITY IN THE NORTH, UH, NORTHEAST HOUSTON, SPECIFICALLY HOUSTON GARDENS. 
          THE NORTHEAST AREA IS A LARGE AND SMALL RESIDENTIAL TRACKS OF LAND CITY DUMPS, NARROW STREETS, SMALL PARKS, RESIDENTIAL HOMES, LIGHT INDUSTRY, AND RAIL YARDS. 
          WE HAVE A DIVERSE AGE GROUP RANGING FROM NEWBORNS TO THOSE OF US WHO ARE WELL INTO RETIREMENT. 
          SOME PEOPLE HAVE BUILT HOMES AND LIVED IN THIS AREA FOR OVER 50 YEARS. 
          OUR NEWEST RESIDENTS HAVE BUILT HOMES AND MOVED IN WITHIN THE LAST FIVE YEARS. 
          WE CURRENTLY SEE RESIDENTIAL LOTS CONVERTED INTO 18 WHEELER, COMMERCIAL TRUCK REPAIR AND STORAGE, SMALL FUEL, UM, RECYCLE BUSINESSES AND PALLET STORAGE YARDS. 
          THIS, UH, LAND USE HARMS OUR PROPERTY VALUES INCREASES OUR PROPERTY TAXES, DEGRADES OUR AREAS. 
          AESTHETICS, DAMAGE UNDERGROUND INFRASTRUCTURE, KEEPS OUR STREETS IN DISREPAIR DUE TO THE WEIGHT OF THESE VEHICLES AND PUTS RESIDENTIAL PEDESTRIANS IN HARM'S WAY. 
          THE ENVIRONMENTAL FACTORS OF SERVICING THESE TRUCKS WITHIN A RESIDENTIAL AREA MAY GO ON NOTICE BY GOVERNMENTAL ENTITIES CHARGED WITH INSPECTING SUCH SITES BECAUSE THEY ARE COTTAGE INDUSTRIES AND RESIDE AMONG RESIDENTIAL PROPERTY IMPROPERLY DISPOSING OF CONTAMINANTS THAT MAY GO UNNOTICED AND UNREGULATED. 
          THAT WAS AN INCIDENT OF THIS NATURE IN MY NEIGHBORHOOD. 
          THE OWNER SERVICED THE TRUCK, AN OIL FROM THE SERVICE WAS DUMPED INTO A, UH, BURN BARREL, AND RESULT RESULTED IN A VERY LOUD EXPLOSION. 
          IN ADDITION, THE SAFETY AND HEALTH OF OUR COMMUNITY IS IN JEOPARDY BECAUSE OF THE ENVIRONMENTAL ISSUES THAT SURROUNDS OUR AREA. 
          I AM REQUESTING MORE CODE ENFORCEMENT FOR THESE BUSINESSES AND CHECKING THAT THEY ARE IN COMPLIANCE WITH REGULATIONS THAT GOVERN THEIR OPERATIONS, ESPECIALLY IN A RESIDENTIAL AREA. 
          THANK YOU. 
          THANK YOU. 
          MS. SLOAN, DO DOES YOUR CIVIC ASSOCIATION, DO YOU HAVE DEED RESTRICTIONS? YES, WE DO. 
          OKAY. 
          OKAY. 
          SO YOU'RE MM-HMM . 
          OKAY. 
          YOU CAN GO TO THE 
          [01:25:01]
CIVIC ASSOCIATION. 
          OKAY, GREAT. 
          WELL, THANK YOU. 
          AND, UM, WE TAKE NOTE OF THAT. 
          WE, WE DO HAVE A LOT OF, IT SOUNDS LIKE A LOT OF DEPARTMENT OF NEIGHBORHOOD CODE VIOLATIONS THAT YOU'RE HAVING IN YOUR NEIGHBORHOOD, AND WE CAN FOLLOW UP WITH YOU ON THAT. 
          UH, IT IS A MATTER OF RESOURCES. 
          UM, OFTEN WE HAVE ORDINANCES ON THE BOOKS THAT ARE GOOD, BUT, UH, WE DON'T HAVE THE RESOURCES TO ENFORCE THEM, SO THAT SEEMS TO BE WHAT'S HAPPENING IN YOUR AREA. 
          SO WE CAN FOLLOW UP WITH YOU ON THAT. 
          THANK YOU VERY MUCH FOR, FOR COMING TODAY OR FOR SPEAKING TODAY. 
          THANK, I'LL, I'LL FOLLOW WITH JOAN SLOAN, WHO WAS OUR FIRST ONE WE COULDN'T GET ON. 
          MAYBE RELATED TO DEANNA SLOAN, I DON'T KNOW. 
          WITH THE SAME, YES. 
          OKAY, GREAT. 
          JOAN, DO WE HAVE YOU JOHN? I'M TRYING. 
          OH, IT'S JOHN. 
          HOLD UP. 
          I, JOHN. 
          JOAN, ARE YOU THERE? YES, GO AHEAD. 
          LEMME CHANGE PHONES. 
          AM I THERE? OKAY, I GOT IT. 
          OH, THANK YOU. 
          HAVING A PROBLEM WITH, UH, THE ELECTRONICS HERE. 
          UM, GOOD MORNING. 
          MY NAME IS JOHN SLOAN AND I AM A RESIDENT OF HOUSTON GARDENS AND, UH, AND SUPER NEIGHBORHOOD 48 HOUSTON GARDENS CIVIC ASSOCIATION. 
          I WOULD LIKE TO THANK YOU FOR ALLOWING ME TO SHARE MY CONCERNS ABOUT DEED RESTRICTIONS IN CERTAIN AREAS. 
          DEED RESTRICTIONS DEALS WITH ELEMENTS SUCH AS NEIGHBORHOOD UNITY, BUT NORTHEAST HOUSTON WE DEAL WITH QUALITY OF LIFE. 
          UNITY AND CONTINUITY ARE ELEMENTS WITHIN A COMMUNITY WE ALL STRIVE FOR. 
          BUT NORTHEAST HOUSTON, WE ARE ALSO DEALING WITH MITIGATING THE PROBLEM OF NOISE POLLUTION, AIR POLLUTION, CHEMICAL CON CONTAMINATION SUCH AS BATCH PLANTS, TRUCK YARDS, PALLET STORAGE, CHEMICAL PROCESSING, AND OTHER BUSINESSES THAT DO NOT EXIST IN OTHER PARTS OF THE CITY. 
          THE CITY OF HOUSTON PLANNING DEPARTMENT HAS OUTLINED A VERY DETAILED AND COSTLY PROCESS FOR ESTABLISHING DEED RESTRICTIONS. 
          FOLLOWING THE PROCESS, HOUSTON GARDENS HAS ESTABLISHED DEED RESTRICTIONS AND OUR NEIGHBORHOOD WITH THE HOPE OF BRINGING ABOUT UNITY AND CONTINUITY FOR OUR COMMUNITY. 
          WE TO HAVE THE CITY NOT ENFORCE ITS ESTABLISHED CODE OF ORDINANCES AND THE DEED RESTRICTIONS ONCE THEY HAVE BEEN ESTABLISHED IS VERY DISHEARTENING. 
          AND I WANT TO SAY I THANK ALL OF YOU FOR THE MEETING THIS MORNING AND FOR THE COMMENTS THAT HAVE BEEN MADE, BUT, UH, WE HAVE A PROBLEM IN HOUSTON, I THINK WITH ENFORCEMENT. 
          UH, WE HAVE A PROBLEM IN HOUSTON WITH ESPECIALLY OF THE NORTHEAST SIDE, UH, HAVING ANY OF, UH, THE DEPARTMENTS WITHIN THE HOUSTON FOLLOW THROUGH ON WHAT THEIR PROPOSED, UH, UH, WORK PROCESSES ARE. 
          THANK YOU VERY MUCH. 
          THANK YOU MR. SLOAN. 
          REALLY APPRECIATE YOUR BEING HERE. 
          AND WE'VE TAKEN NOTE OF THAT. 
          WE WANNA MAKE SURE THAT TO THE EXTENT THE CITY, CAN WE GET THE ENFORCEMENT THAT'S, THAT'S NEEDED IN NORTHEAST HOUSTON IN YOUR AREA. 
          SO THANK YOU FOR ALERTING US TO THOSE CONCERNS. 
          I DON'T HAVE ANY OTHER PUBLIC COMMENTERS WHO, UM, ARE HERE BECAUSE, UM, OR SIGNED UP. 
          SO I THINK WE ARE AT ALMOST 1130. 
          WE STAND ADJOURNED. 
          THANK YOU.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.