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HomeMy WebLinkAboutSBB 2005-10-05 MinutesMINUTES OF THE SUBSTANDARD BUILIDING BOARD CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 5, 2005 1. CALL TO ORDER The meeting was calling to order at 2:21 p.m. 2. Roll Call PRESENT Vice Chairman Garry Cope Place 4 Philip Orr Place 5 John Larriviere Place 7 Bob McCary ABSENT Chairman Michael Augustin Place 3 Michael Dean CITY STAFF Building Official Dave Pendley Dir. Neighborhood Services Jo Ann Stout Code Enforcement Officer Dena Milner City Attorney George Staples Recording Secretary Tiffany Inay 3. CONSIDERATION OF MINUTES FROM FEBRUARY 22, 2005. Garry Cope: Our first order of business is the consideration of the minutes from the last meeting. Do I hear a motion? John Larriviere: I'd like to make a motion to accept the minutes. Bob McCary: I'll second the motion. Garry Cope: All in favor of accepting the minutes say I. Let the record show the motion was approved unanimous. (4-0) 4. SSB2005-3 PUBLIC HEARING FOR BLOCK 9 LOT 7, NORTH RICHLAND HILLS ADDITION, KNOWN AS 7013 TURNER TERRACE. Garry Cope: Now we would like to bring SSB2005-03 block 9 lot 3 in the North Richland Hills Addition known as 7013 Turner Terrace to the table. Speaking for the City will be Dena Milner. Dena Milner: I am here to present case SSB2005-3. Located at 7013 Turner Terrace. This property is zoned R-2 and currently occupied. The owner of the property per our tax records is Bryon Fuller. A Vacate, Repair or Demolish Letter dated July 20~' was mailed certified and first class. The certified letter was returned unclaimed. The owner of record was notified by certified mail of this hearing on September 24~'. We have not received a return of receipt. At this time there are no active permits on file for this property. The photos I am about to show are true and accurate. A brief history of this case: On July 6, 2005 an Administrative Search Warrant was obtained and the interior and exterior of the structure was inspected. In addition to the inspection, junk and debris were removed from the exterior of the property. On July 20, 2005, the Notice & Order was sent to the property owner. On September 24, 2005, the Notice of Hearing was sent to the property owner and mortgage company. On September 29, 2005, an Administrative Search Warrant was obtained and the interior and exterior of the structure was inspected. In addition to the inspection, junk, debris and household items were removed from the exterior of the property. 7013 Turner Terrace, September 29, 2005. North Richland Hills Code of Ordinances Chapter 98 Section 98-462(k) states: Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or constitutes a nuisance to be abated as provided by this article. Photos 1 & 2 show rat harborages and an accumulation of garbage, junk, and debris in the living room. Photos 3&4 also show rat harborages and an accumulation of garbage, junk, rotted food and debris in the living room. Photos 5 & 6 also show rat harborages and an accumulation of garbage, junk, rotted food and debris in the living room. Photos 7 & 8 taken September 29, 2005 show rat harborages and an accumulation of garbage, junk, rotted food and debris in the rear entry and the garage. North Richland Hills Code of Ordinances Chapter 98 Section 98-4625 (i) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion rising from any cause shall be considered a substandard building. Photos 9 & 10 show a large amount of combustible items which in addition to being a rat harborage is also a fire hazard as described in the 2000 International Fire Code Section 304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. Photos 11 & 12 taken September 29, 2005 also show a fire hazard as described in the 2000 International Fire Code Section 304.1 Waste Accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. Photos 13 & 14 show and outlet with the metal prongs of the plugs exposed and an extension cord which is stretched across a room and out a window which is a fire hazard as described in the 2000 International Fire Code Section 605.5 Extension Cords. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Photos 15 & 16 show an extension cord outside and in the hall which is a fire hazard as described in the 2000 International Fire Code Section 605.5 Extension Cords. Extension cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Photos 17 & 18 show a chest type freezer which is plugged into an extension cord which is a fire hazard as described in the 2000 International Fire Code Section 605.5 Extension Cords. Extension cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Photos 19 & 20 show an extension cord across the driveway and another extension cord which may be a fire hazard as described in the 2000 International Fire Code Section 605.5 Extension Cords. Extension cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Photos 21 & 22 show an electrical outlet which was installed in violation of the code requirements. North Richland Hills Code of Ordinances Chapter98 Section 98-462 (e) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. North Richland Hills Code of Ordinances Chapter 98 Section 98- 462 (b) Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following: (12) Infestation by insects, vermin or rodents. Photos 23 & 24 show evidence of rodent infestation in the burner area of the stove and on the counter top. Photos 25 & 26 show evidence or rodent infestation in the bathroom. Photos 27 & 28 taken September 29, 2005 show evidence of rodent and/or insect infestation in the bathroom. Photos 29 & 30 show evidence of rodent infestation in the living room. Photo 31 shows evidence or rodent infestation and rotted food in the living room. Photos 32 & 33 Show a large hole in the kitchen floor and damaged floor supports. North Richland Hills Code of Ordinances Chapter 98 Section 98-462 (c) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: (2) Defective or deteriorated flooring or floor supports. Photo 34 shows a portion of the kitchen floor which has dropped due to inadequate floor supports. Photos 35 & 36 show a hole in the hallway, wall and floor and a drop in the floor level is visible at the bedroom door entrance. Kevin Moore and Dave Pendley do these photographs represent what you have observed on site at 7013 Turner Terrace? Kevin Moore and Dave Pendley both answer yes. Dena Milner: If you have building questions or Fire questions Dave Pendley or Kevin Moore can address them. Garry Cope: Did we read the City's recommendation? Dena Milner: No we did not. Garry Cope: Please read that for us. Dena Milner: It is the recommendation of the City of North Richland Hills Code Enforcement Division that the board order the floor to be repaired, the electrical system to be brought up to code, all rodents or vermin be exterminated, and the structure to be cleaned and all trash, rotted food, junk and debris that contribute to rodent harborage and/or unsanitary conditions be removed from the property within 30 days. We also request that if for some reason this is not done the City may have the work done and access any fees. Garry Cope: Thank You. Any other questions or comments? I'd like to turn the meeting over to arguments. We show we have three gentlemen signed in to speak. Byron would you like to start? Byron Fuller: No, let my builder start. Johnny Hollis: I have been working with Byron for a little over a year. The process we have been under going has been a little slow due to the finances. Since my original work that has been done at the home, we have created an area in the back of the home with functioning electric and plumbing. Some of the photos represented some of the construction that is going on at this time. Such as the electrical outlet by the back door hanging on the back wall. Some of the flooring has been repaired at this time. We had to basically go in the back door first and get that area repaired and then move on to the kitchen where at this time we are trying to focus on getting debris out of the back half of the house from the kitchen to the master bedroom. I am aware that the City has worked on that as well. We've got to basically replace the flooring across the back of the house. We are going to be redoing the plumbing in the bathroom and installing a new water heater. The water heater that is in there now probably is not up to code because it has been there since before the code was in effect. Immediately we are trying to focus on the flooring. We then will move onto the plumbing. I think what we can complete within the next thirty days due to my own personal scheduling is a bit of a tight time frame for us. However, I think that within the next 30-60 days we should have the flooring taking care of. We are trying to work this the most cost effective way we can. It is just going to take some time to get everything completed. In the next 6-7 months, as long as everything goes smoothly we should have everything brought up to code. That is about where I am at on everything. Garry Cope: Mr. Hollis I am getting out of order here. Can you state your name for the record? Johnny Hollis: 6720 Fair Oaks Dr. North Richland Hills TX 76180. Garry Cope: Thank you. Now I open up for questions for Mr. Hollis. Dave Pendley: When was the last time you made any improvements on this house? Johnny Hollis: The last time we were performing any improvements was within the last week. Some of the plumbing had leaked and something had busted. At the age of the home, it is not unlikely for this to happen. We sealed off some pipes to dry the foundation back out. Several months back, like 4 months back we were out and there were some floor repair done in the back of the home. We are currently trying to get some more funds to get started again. Philip Orr: I understood what you said about the construction but what about all the garbage and debris that is causing the rodents? What is problem with getting the garbage to the curb? Johnny Hollis: Byron and I have agreed to eliminate all the debris and unused household items or any food items. As far as I am aware the majority of the food has been removed. Byron has hired some handy man to help him removed debris from the backside of the house. The whole back part of the house has improved up to 80%. Most of the stuff is in banana boxes. There are some household items that will have to be gone through. Philip Orr: Is the problem really he is not physically able to do this? Johnny Hollis: He does do it slowly on some of the items. We are actually going to take a more aggressive stance on it with the City's heighten interest. We are prepared to act upon that and get the property cleaned up. Immediately the back portion of the house has to be totally cleaned before construction can begin. Garry Cope: Chair recognizes Jo Ann Stout Jo Ann Stout: I'd just like to say I have been with the City for almost 2 years. This process with Mr. Fuller has been going on prior to my employment. When we first started, I met with Mr. Fuller and his daughter and I offered volunteer assistance to get that house cleaned up. As in my duties, I am also the health director. I can go on record telling you I am very concerned with this house. We have cleaned this property since I have been here twice. Just cleaning the property, we saw hundreds of rats. We are getting complaints from neighbors, which is understandable. As far as the food, there is a lot of food in boxes that is rotting. Yes Mr. Fuller does have a lot of personal items. We have cleaned the exterior and we have itemized everything we took. The majority of stuff he had in the boxes has been there for years. My concern is Mr. Fuller's health and the health of his neighbors. I think before we consider fixing the floor, plumbing or electrical that the house needs to be cleaned and exterminated and brought back to a healthy situation. Garry Cope: Thank You George Staples: Ms. Stout you have been out there many times. Is it apparent to you that he is bringing in more stuff? Jo Ann Stout: Absolutely. George Staples: In other words, he is bringing this food in there to rot? Jo Ann Stout: Yes George Staples: Do you know where he is getting it? Jo Ann Stout: I can only tell you what I have heard and that is that he is getting it from the Kroger's dumpster. George Staples: This is a lifestyle situation as much as anything else. This is not food and stuff that has been there and ignored, this has actually been brought into the house. Jo Ann Stout: Yes George Staples: Is this stored in the living room? Jo Ann Stout: Yes, it is stored all over. Even the new addition, when I met with his daughter and Mr. Fuller they were proposing to add on to the home. At that time Mr. Pendley and I met with them and their intentions were for them to add on to the home and let Mr. Fuller live in that new addition while they cleaned up the front portion of the house. We agreed to allow that. Months later, we go back and now this new addition is filled up with stuff. Nothing has improved in the existing building. Byron Fuller: That's not true. Jo Ann Stout: I am telling you from a health stand point it is not moving fast enough. Garry Cope: Let's concentrate our questions to Mr. Hollis. I have a couple of questions. You said something about building a livable area. Can you tell me the size of that? Johnny Hollis: The backroom, hallway, bath and kitchen are somewhere in the neighborhood of 800 sq feet. Garry Cope: How long ago was that done? Johnny Hollis: That project was completed roughly a year ago. Garry Cope: That is all the questions I have for Mr. Hollis. Does anyone else have any questions? Kevin Moore: You said a minute ago that you had the plumbers out because the water pipe was broke. Do you think it was caused by foundation problems? Johnny Hollis: Some of it was due to foundation problems. One of the immediate leaks was due to the tub dropping. Kevin Moore: The reason I asked that is I had noted on this inspection form that I had filled out about the water piping and so forth. I thought it was reasonable to assume that there was gas on the property. That is was reasonable to consider the gas piping might be damaged as well. Has anyone been contacted? Johnny Hollis: No plumber has been contacted. I am not a master plumber. However, 1 am capable of noticing visible damage. I have not noticed any smell of gas. The gas lines are pretty protected by the structure of the home. Kevin Moore: I am a licensed plumber also so I was just curious. Johnny Hollis: I am not a licensed plumber but I am a handy man. I have not smelled any odors. Kevin Moore: The main is on outside the home that is why I am asking. Garry Cope: Any further questions? Chair recognizes Mr. Staples. George Staples: You had indicated that you could get some of this done within a reasonable time. The board in order to grant anything on this thing has to have a commitment that various things be done within various times. What can you get done? I understand what you say about the funds. What can you get done in thirty days with the funds you have available? Johnny Hollis: We can get the floor repaired in the back portion of the house, and have the debris removed from the back portion of the house. George Staples: Now when you say floor repaired...We've seen pictures up here where it appears that there is a hole in the floor. Are you talking about fixing all the structural damages? Johnny Hollis: Yes, but thirty days is a little tight but if I could get it extended to sixty days I am sure I can get it done. George Staples: Now are you involved in any of this other stuff that is a problem in these photographs? Johnny Hollis: As far as debris removal in the back where the floor is going to be repaired...yes. As far as the debris removal in the rest of the house, that has yet to be discussed. The pictures that you saw up here, are they representative of the way the house was on the 29th of September? Johnny Hollis: Yes those are representative. Some of the extension cords that were shown at least the one in the hallway was for a light where some plumbing repair was being done. One of the holes in the floor we created to get to the plumbing because we were aware that we were going to be repairing that portion anyway so we made that hole within the last two weeks. George Staples: Is it still there? Johnny Hollis: Yes, we have laid plywood over it at this time. George Staples: Did you get a building permit? Johnny Hollis: As far as I am aware there are no permits required to do handyman services in the City of North Richland Hills. Dave Pendley: If you're doing plumbing work you do need a permit. Rob Woodcock: Do you have a written plan for what you expect to do to this place? Johnny Hollis: I have a proposal for the work plan that we have been discussing. Does it cover the entire house? No it just covers the back portion of the home where the immediate problem seems to be. George Staples: Would you mind submitting that to the chairman and having that on record? Johnny Hollis: Sure, I have a couple of copies. Garry Cope: You can do it before the meeting is over. I do have a question. Will this proposal list all the things that you yourself are going to be involved in? Johnny Hollis: Yes, I do employee other people. 1 am not actually doing all the work myself. When there are issues where we have to have permits pulled, I have licensed plumbers that I work with. I have done a lot of business with Galway Plumbing. When it comes to leak repairs, I am not sure that those repairs need permits. The work that we did on the house that required a permit, there was a permit pulled and we had a licensed plumber out there. Garry Cope: From the proposal that you are making for Mr. Fuller, do you see yourself being involved in all the repairs that are needed in this house? Johnny Hollis: That is what I proposed yes. Garry Cope: That's good, Thank you. Any other questions? Mr. Hollis you may sit down. Any comments before we call the next business? Chair recognizes Dave Pendley. Dave Pendley: I started with the City around February 2002. I started getting more involved heavily around August 2003 when warrants were obtained to clean up some of the junk that was in the backyard. In August of 2003, we hired a contractor to clean up the back of the house. At that time, the general condition of the rear of the house and the front was acceptable because there was no more junk. In the spring of 2004, we did issue a permit for this new addition. That was completed near the end of the summer. Mr. Fuller moved in there with the idea that once that was occupied repairs would start on the front of the house, as well as clean up as Jo Ann described. Approximately 9-10 weeks went by and Code Enforcement received some complaints again. We went back there and the condition of the backyard had exceeded the condition from 2003. Once again we had it contracted out and went in and removed the junk for a second time. That was July 2005. Once again, we removed a bunch of trash and food article. We also did an inspection of the interior of the house. The pictures that you saw are accurate. The rooms are full. We are concerned that those areas are creating a fire hazard because they are not just a few items in the corner. There are items stacked up and clothing everywhere. I mean wall-to-wall clothing. To answer the contractors question. If it is a water leak that is true, you do not need a permit. If there is plumbing that needs to be replaced that does need a permit. Changing out a water heater does need a permit. There was a section where there was a big hole in the floor. That was caused due to settlement and rotting of the wood. The section is about 4X6 that has actually snapped and caused the floor to sink in. We have taken efforts to clean out the exterior only to have to turn around and do it again. We are concerned that if we do not put some hard and fast dates in your order that we will be back here again or just be spinning our wheels trying to get into compliance. As far as the building code 60 days is not a problem for me, however any order should state that the City is authorized to go in and take care of it if it is not completed. When it comes time to make your order, we ask that you do put a finish line date in the order authorizing us to finish the project if it is not completed. Garry Cope: Thank you Mr. Pendley. Now let us get back to the folks who want to speak. Mr. Woodcock. Mr. Woodcock: I am with the law firm Blaylock and Williams 1420 W. Mockingbird, Dallas TX 75243. Mr. Chairman I will be brief today. Texas Trust Credit Union is my client, we're the lien holder on this property. We don't have a lot to add, but I do want to say this. We can't go inside, we can't go and remove the debris or anything that is going to add to the rodent problem. What we can do is foreclose on the property. Based on your decision today and the information that we hear I believe there is a default in the contract and we can foreclose and that's what this means to the board. Tomorrow we can send out a 30 day letter, Notice of Intent to Accelerate. At the end of thirty days because this is a home equity lien and this is all in public record if you want to look. After thirty days we go down to the Court House and we file a suit. We send out a notice to Mr. Fuller who then has thirty eight days to respond. If he doesn't respond, we get a default, we can post the next month with twenty ones days notice. Best case we can foreclose on this property in four to five months. If it is where Mr. Fuller contests it, then it could draw out another three to four months. The position that we are in as lien holder is instead of demolishing the place; we can come in get Mr. Fuller removed and get a new property owner who will fix up these things. We do not want to do that. The board does not want to demolish this house. What I really want to say upon the board and upon the family is I think Mr. Fuller has a problem. I think he needs a little bit of help. I do not have any personal attacks on Mr. Fuller, I do not know him. Based on what I have seen today, I think that the City has resources that can help this person or a guardian needs to be appointed or he needs to be civilly committed. Something needs to be done and I do not think the answer is foreclosure or bull dozing the house. I welcome any questions. Garry Cope: Any questions for Mr. Woodcock? Thank you sir. Mr. Fuller you have signed up to speak to the board. It is your turn. Byron Fuller: 7013 Turner Terrace, North Richland Hills TX 76180. I'd like to describe if I can what has occurred previously to this problem. That is that I signed a note with the credit union to build an addition on the back of my home. It consisted of a bathroom, a large closet and a master bedroom. It was connected to the house by a breezeway. That is where I live. I do not occupy any of the former household. Its plenty fine for me, but it is crowded because I have had to move a lot of things from the old house into there. As soon as I get some repair done on my house I am going to move that furniture back into the main household. The main problem with my house is that I have dry rot in the main beam that went across the length of the house. I have cut off all of the gas in the house. If I have known about the difficulty with the pipes I would have cut the water off as well. I didn't realize that until it sprung a leak and flooded the house. It has now been fixed but there is a large hole where the plumber had to go in and repair the pipes. I don't see the problems in the old house except for the floor. It is in bad shape. It does need repaired. We are onto the problem and we are trying to fix it as best we can. The floor under the family room has now been repaired and a portion of the kitchen floor has now been repaired. We were able to do that by moving everything out and place it under a carport. That is the only thing we have moved out of the house. Here lately though, the lady came by with her crew, and everything I had moved out of the house was considered junk and they took most all of it away. We can not work under these conditions. We have to move things out of the area we are going to work on. We need some agreement with these people because they insist on throwing away everything that is out of the house. We can work the floors if we are able to move things out of the area and clear the floor. If we have to leave everything inside, it is impossible to work on the floors. I want to repair as best we can. If every time we move stuff outside we have to go through and inspection and they come and load it up and take it away, I have nearly lost all my equipment. They came and took all my kitchen equipment. It seems reasonable to me to expect the City to allow us to move items out under the cover so we can work on the inside of the house. I don't know what to do otherwise. If you have any ideas I would like to hear them. I have a new floor in the family room area, which I was able to pay for. The floor in the kitchen area is in bad repair and that is what we intend to work on next. The thing that has kept us from doing work on the kitchen so far was the plumbing that sprung a leak. Now that the plumbing has been fixed, we still have the hold in the floor. We are having problems moving stuff out of the kitchen so that we can work on the floor. Now she mentioned that there was food in the house. There is no food now in the house. Not even a little bit. I don't know where you get the idea that there is still food in the house. Jo Ann Stout: Sir I am going by the September 29~' inspection. Byron Fuller: Well things have changed since then. Garry Cope: Let me interrupt you two. Your statement is to the board. You must make your comments to the board. Byron Fuller: We have a plan for fixing the floor. Johnny explained that plan. I still have a problem with the things that we move out of the house, while we are working on the floor. I've got to be able to move that stuff and put it under the cover in the back of the house. If we can't move it out, I don't know how we can work on the floor. The last time we moved everything outside, her people insisted on taking it all away. We can't work under those conditions. Garry Cope: Very good. Any other comments? I'm going to open this for questions for Mr. Fuller in just one second. I am going to let this gentleman make his suggestion. Please state your name and address for the record. Mark Bryant: 4617 Holiday Lane East, North Richland Hills TX 76180. I was going to suggest that we write down everything that we move out and give a copy to the City. If it is junk, food or whatever, we will get rid of it. Philip Orr: Are you a contractor or family? Mark Bryant: I am the son-in-law. Philip Orr: How many rooms are in this house? Mark Bryant: There are 6 or 7 bedrooms. Garry Cope: We need to direct our questions to Mr. Fuller. Philip Orr: It seems to me, that you ought to be able to move items from one room to another, while you work on one room. I don't know why you have to move it outside? Byron Fuller: We did that because we figured that was the easiest way. Every time it gets crowded these people come in and complain about it. Philip Orr: Outside of the garbage and the debris and the other stuff, I find it hard to believe that they will come into your house and complain about it. The only thing I can go by is the pictures we saw here. It looks like a lot of stuff can be done here. Garry Cope: We need to limited ourselves to asking questions and not making comments. Mr. Fuller can you step back so that everyone can see you and hear you? Thank you. Phillip are you finished? Bryon Fuller: There is no gas in the house, there is not any water in the main house. There is no problem fire wise with the house right now. Garry Cope: Chair recognizes Jo Ann Stout. Jo Ann Stout: I just wanted to respond to him, saying that he would like the City to allow him to move his items outside. We have another ordinance that would prohibit that. That is the reason we go back there and clean it up, because it is against City ordinance. Garry Cope: So it is against City ordinance for people to store stuff outside. Jo Ann Stout: That is true, especially when there is rodent harborage and also trash. Please Mr. Fuller will you step back? Byron Fuller: It was not stored outside it was just temporary. Garry Cope: Chair recognizes Dave Pendley. Dave Pendley: In response to Mr. Orr's question, Mr. Fuller doesn't have room to move stuff from one room to another. So it has to go outside. Garry Cope: My question for Mr. Fuller, what is in all the boxes and stuff that these pictures show? Byron Fuller: I have a lot of boxes that are packed full. The reason for it was because there was no floor and the rodents were coming up into the house and chewing up my clothing and whatever I had out. So I had to box everything up, so that I could protect it. Garry Cope: Yes, Kevin. Kevin Moore: Let me explain something to you. You do have a fire hazard in your house. Without electricity and without gas. The gas meter is on. I witnessed it myself. Byron Fuller: The gas is on? There is no gas used in the house at all. I don't know why it would be on. Kevin Moore: Anyway, other then that you do have a fire hazard in the home. I do want you to understand that. Byron Fuller: That is the reason we cut off all the gas. There is no gas at all. Kevin Moore: All I can tell you is that the gas meter is on. There is electricity in the house. Garry Cope: Any further questions? We're finished Mr. Fuller you can sit down. Anyone else want to present anything to the board? Roxanne Bryant: I do, I am his daughter. The things that are in the house are important to him, so he doesn't see them the way we do. That is why he is so upset when they are gone. John Larriviere: I have a question for you. Other then the general repairs, I think the City is trying to get the place cleaned up. My understanding is when they clean it up, he just brings more stuff in. We are talking about rats and rodents. The only reason the City is going in is because the neighbors are complaining. We are trying to get you to clean that up, and we understand there is a situation. This has been going on since 2002. Can anyone help clean the place up and keep the City out of there? That is what we are trying to get at. Roxanne Bryant: Right, we have tried. We have had problems over it. I was kind of hoping that you could make it separate. We know Johnny can fix it. John Larriviere: I have heard Jo Ann say that the City offered volunteer help to clean the place up and evidently that wasn't taken. Roxanne Bryant: That was back when he felt like you wouldn't do anything. Now he knows that you will. John Larriviere: Maybe the volunteer help is still available? I don't know. Roxanne Bryant: Right, I am thinking we might do that. Dad's not been real reasonable about the whole deal. I was kind of hoping that we could say you have to clean your house out in 30 days. Then give Johnny 60 days. I think we should put it in a separate order. If that gets done, then the rest of it wouldn't be a problem. John Larriviere: The reason that we are hear today is because it is a fire hazard. Evidently somebody could hurt. Somebody needs to take charge. Roxanne Bryant: Yeah but he is lucid. John Larriviere: The City is going to take charge. Hopefully today we will get something resolved. Roxanne Bryant: Right, I want to help. So if you can do the cleaning thing separate and put a short time limit on that it would be a real start. Garry Cope: Thank you. Now I would like to open it up for the board members to ask any questions for anyone present and to make any comments. Garry Cope: How old is the original structure? Byron Fuller: I bought the house in the early 50's. It was probably four or five years old at that time. Garry Cope: Thank you. Any questions from the board. Bob McCary: Mr. Fuller have you done anything on trying to exterminate any of the rodents? Byron Fuller: Yes I have put our poison. I have got some cats. I have tried everything in the world. Bob McCary: Have you called an exterminator? Byron Fuller: No, I am trying to do it myself. I put poisons out and locked the animals up in the house. Garry Cope: Have you considered moving some of this material out of the house into temporary storage, so that you don't have a harborage for rodents? Byron Fuller: If I could afford the storage, then 1 would move some stuff out. Garry Cope: You do know that you can not get rid of rodents, while you still have places for them to live inside the house? Byron Fuller: And I can't keep the rodents out until I get the floor fixed. Garry Cope: Any further questions? I have a question Mr. Moore. From your inspection is the floor the only entrance for these rodents? Kevin Moore: I imagine they are nested and populating from the inside. They are home. Garry Cope: Once their harborage is taken care of... Byron Fuller: There is no food in there now for them to eat. I don't know how they can survive on cardboard. Garry Cope: Any further questions? Philip Orr: These pictures were taken on September 29~' of this year. That is seven days ago. Have you cleaned up all that garbage and debris out of there? Byron Fuller: No Philip Orr: Well if it's still there then you are going to have a place for the rodents. Byron Fuller: There is no food for them to eat any longer. If they want to live in a corner they can do it I guess. Philip Orr: In the last five days have you made a major clean up in the house? Byron Fuller: No, but I can clean it if they give me time. I am still active. John Larriviere: The City offered assistance is that still on the table? Jo Ann Stout: If I can get someone to help yes. John Larriviere: Let's assume you have some volunteers. What would be the order? Jo Ann Stout: We definitely need the order to include periodic inspections. The issue that we are going to have, like his daughter said, is he doesn't want us to throw anything away. It is a battle to throw anything away. That's the big challenge. Byron Fuller: Let me give you an example of what they did last time. I had some paint supplies that my builder had given me so that I can paint my garage and the trim around my house. They carried off all my paint supplies. I asked them to not take them, but they still took everything. I don't know why they took it. Maybe she can tell you. Jo Ann Stout: When we clean the property we send them notification, telling them that they are in violation. Then we go back to inspect. If it is not done then we go back and send and official notice saying they need to clean it up, if it is not done then we can clean the property out. We got a search warrant, we contracted it out and we also send them a letter that says on this date we will be coming to clean the property. Anything of value that you do not want discarded you need to remove. John Larriviere: Well from my position, I see that the City has done beyond what they should do to help you out. Either your not accepting the help or you turn down the help or your working against the help. We are coming to a point now where something needs to be done. So you have to make a decision to let us do it or not. If you don't let us do it evidently it's going to get done anyways. That is what I am getting out of this. Byron Fuller: If you let them come into my house and throw my personal property away, that is exactly what they want to do. John Larriviere: I understand what your saying but again we got complaints from the neighbors. Byron Fuller: I had some electric equipment that I wanted to keep. This last time they came in they threw away all my cat food. I just don't know how to live with them. I really don't. Garry Cope: Any other comments? Do I hear a motion? Philip Orr: Garry I'd like to start with a motion and I'd like to have the attorney's help along with this because I am on thin ice. First of all, I think we have a family problem that needs to be addressed. Secondly I think we should give Mr. Fuller a thirty day notice of cleaning that mess up that is the health hazard. Give him sixty days for him and his builder to bring the other stuff up to code. We have been fooling with this for three years so I don't think this is unreasonable. I think really somebody from his family should step forward and help him. He has refused your help probably and I understand that, but it is going to get worse. Byron Fuller: It's been getting better. I have done a lot of cleaning up around the house. Garry Cope: Sorry Mr. Fuller, we have closed it for comments. George Staples: The first thing we need you to do is to find or not find the property as substandard. To do that you would need a motion to that effect. I believe if I understood correctly there was a motion that the board find that the property is substandard according to City Ordinances. Garry Cope: Do I have second of that motion? Bob McCary: I second that motion. Garry Cope: Any comments on the motion before we put it to a vote? George Staples: The motion was to find the property Substandard and in violation of the City Ordinances. Garry Cope: No further comments, I'll put it to a vote. All in favor say I Let the record show that it was unanimous I vote. (4-0) George Staples: I believe that the next piece of business would be, that the board make a motion to enter an order and then the board needs to set forth what will be included in that order. If I understood correctly I think I understood that there was at least discussion that Mr. Fuller be ordered to clean the property within thirty days. Would it be possible to include within that the he hire and exterminator to take care of the rodents? If I understand correctly I think that some of the other things that were there is that you ordered the repairs to be made within sixty days and those being the repairs to the floor. Is that what you guys want to do? Philip Orr: Yes that is what the builder indicated that he-could have done in that time. George Staples: Have we left anything out? Jo Ann Stout: Yes authorization to enter. George Staples: I think we need to include in that, that an order be issued that the City Officials be permitted to inspect the property during normal business hours. How often do you need to do that Mr. Stout? Jo Ann Stout: I would say every other week. George Staples: Authorize City Staff to enter the property no more then once a week until the sixty day period is up. The forth part is that if this schedule is not met, either the thirty day portion or the sixty day portion the City would be authorized to enter the property and carry out the necessary clean up, extermination or repairs. It might be possible then that that board might want to go forward and move that an order be entered into that effect and vote on that as I have stated. Philip Orr: I so move Garry Cope: I have a question. As chair of this board I can not make a motion. Is that correct? George Staples: Unless there is something disqualifying you, there is nothing in Robert's rules that is keeping you from making a motion or seconding one. I'd like to get this a little more formal. Garry Cope: We already made a motion that this property is Substandard. Now we must make a motion as to what we want to do about it. I'd like to go ahead and make this new motion now. I hearty move that the board enter the following order concerning the property located at 7013 Turner Terrace. The property is hereby found to be Substandard and dangerous by reason of the conditions, set forth in the notice of this hearing. That the nuisances alleged in this notice exist on the property. Such notices are hereby incorporated in this order. It is hereby ordered that the following shall be completed within thirty days. All the rodents must be exterminated, the structure must be cleaned of all trash, rotted food, junk, debris and anything else that contributes to the rodent harborage. Any unsanitary conditions must be taken care of. In sixty days following this thirty days, the floor must be repaired. The plumbing, building and electrical systems must be brought up to code. It is further motioned that if such corrective action ordered by this motion is not completed within the time frame allowed, the City of North Richland Hills is hereby authorized to take such corrective action and to assess the cost of such action against the property as provided by the City's Ordinance. Do I hear a second? John Larriviere: That the City should be allowed to inspect at least once a week during business hours. Garry Cope: Very good. Any other comments or amendments? Thirty days to clean up and then sixty days to do the repairs. That is a ninety day period of time. Any other amendments? Do I hear a second on the motion. Bob McCary: I'll second that motion. Garry Cope: I have a motion and a second, all in favor say I. Let the record show it was a unanimous vote. (4-0) With that I bring us to adjournment. 4. Adjournment The Vice Chairman adjourned the meeting at 4:07p.m. Vice Chairman: