HomeMy WebLinkAboutSBB 2003-01-21 MinutesMINUTES OF THE SUBSTANDARD BUILDINGS BOARD
CITY OF NORTH RICHLAND HILLS, TEXAS
JANUARY 21, 2003
CALL TO ORDER
The meeting was called to order at 6:25 p.m.
ROLL CALL
PRESENT Chairman
Vice Chairman
CITY STAFF Building Official
Eliza Margenau
PUBLIC HEARING FOR
3705 KRIS STREET
Mike Augustin
Gany Cope
Philip Orr
John Larriviere
Dave Pendley
Recording Secretary
Garry Cope, seconded by John Larriviere, nominated Mike Augustin for
Chairman of the Substandard Buildings Board. The motion was approved
unanimously (4-0).
Mr. Augustin, seconded by Philip Orr, nominated Garry Cope for Vice Chairman
of the Substandard Buildings Board. The motion was approved unanimously (4-
0).
Building Official Dave Pendley presented the case located at 3705 Kris Street,
Lot 20, Block 5, Richland Hills West Addition, Section II. On September 24,
2002, a friendly letter was sent requesting permission to inspect the residence.
No response was received. City staff then proceeded with an inspection search
warrant on October 30, 2002. The following day, Mr. Pendley and Code
Enforcement Officers inspected the property and found several deficiencies that
qualify under the Substandard Building Ordinance. At that time, the property was
posted. The owner was given thirty days to bring the building back to compliance
and when that did not occur, City staff scheduled the notice for this hearing.
Chairman Augustin asked if there were any complaints from the neighborhood.
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Building Official Dave Pendley stated that the complaints came from an
individual. The individual did not provide specifics, other than claiming to see
rats at the house. He is adamant about the house being a hazard and he calls
about once a month and asks for an update on the status of the house. Most
complainants prefer to be anonymous and don't leave their name.
Mr. Pendley further explained that a log was started back in 1996. Numerous
complaints were received about the conditions in 1996. Other complaints
occurred in June 1999, November 2000, May 2001, and August 2001. Letters
were repeatedly sent, however, within time the ball got dropped and things didn't
get followed up until now.
Vice Chairman Garry Cope asked if the house has been kept up. He stated that
it seems that the lawn was not a problem. Mr. Pendley agreed that someone has
been taking care of the lawn. Citations have not been filed but back in May 2001
there was a weed notice. Chairman Augustin made the comment that the
neighbor's house looked trashier than the substandard home.
John Larriviere asked if pictures of the backyard existed. Mr. Pendley explained
that the backyard has been abandoned and not taken care of. The front yard
facia boards are starting to rot and in later pictures it showed roof problems,
where the roof is starting to flatten. Windows are broken and chicken wire has
been placed over the windows to keep animals and people out. In other places
the wire is pulled apart.
Inside, there are two bathrooms that are starting to fall apart. There is no
lighting. The roof is starting to sag. Part of the plaster is coming apart. It looks
like someone took parts of the house roof and cut it out with the intention of fixing
it, but that was never done. Now, the wood has darkened and water is leaking.
Wires are disconnected. There is an exposed roof and water damage has
caused mold to develop throughout the home. New framing was put in and mold
is now developing on the sheetrock. The kitchen floor has rotted out from the
rain. The fixtures have been pulled. There is broken glass from the windows.
The first bathroom is missing the water closet. At some point a new subfloor was
placed but even that is starting to weather from neglect. A chest freezer was left
back in the kitchen area and it has rotted out the floor. The floor is coming up.
The water has been disconnected.
Vice Chairman Cope asked if there was an approximate age for the house.
Dave Pendley stated that based on the style of the home it was probably built in
or around the fifty's.
He further explained that a furnace has been pulled apart. Part of the furnace
has rusted and is a fire hazard. The garage ceiling is lying on the floor. It is
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almost all down where it has collapsed due to rain. The stove and oven are
gone. The kitchen floor has a hole. The house is not on a slab. The walls are
tom up showing all plumbing fixtures from the bathrooms adjacent to the kitchen.
In the master bedroom there is a jetboard falling from the bedroom. There is
grease on the kitchen floor that creates roach motels. The water heater has
probably been starving for oxygen and it's a fire hazard.
Chairman Augustin asked if there was a record of the water being turned off.
Dave Pendley stated that Building Permits did not have those records, but he
could check with the Water Dept. to get that information. He stated that judging
from the pipes the water has been turned off since at least June.
Vice Chairman Cope stated that it looks as if all value from the home has been
removed or broken with the sink, tub, and stove gone, and the furnace broken
and rusted. He asked if the taxes have been paid. Mr. Pendley stated that there
is no indication of delinquent taxes. Title search records indicate no liens against
the property at this time.
Chairman Augustin questioned who would cover the cost if it would get tom
down. Mr. Pendley stated that several steps are taken to get the owner to tear it
down or fix it up depending on what the case might be for the owner. Once it
goes beyond the point where no movement is seen, then staff goes through the
step of ordering to demolish the home. Staff takes bids and hires a contractor. A
lien is placed against the property to recover the cost.
Mr. Pendley stated that the City Council wants to see this substandard home
removed or repaired. Letters have been sent to the property owner. This
meeting is to initiate the new ordinance and make a decision for the purpose of
demolishing the home. The board should discuss among themselves what
course of action should be taken -- whether to agree with the building official's
office, or to set a timeline for 30 or 90 days, or give more than 90 days. The
ordinance does not allow for more than 90 days. In order to go more than 90
days the owner must provide a schedule. Since the owner is not here today,
more than 90 days cannot be granted.
Mr. Larriviere asked how long the home had been unoccupied. He stated that it
seemed that staff didn't know who owned the home and he wondered if that is
why there has been no response. Has the proper owner been notified?
Mr. Pendley responded that the utility water bills would reflect the last time that
the house was occupied. He explained that letters have been sent to the
property owner, but a reply has not been received. On August 30, 2002, the son,
Kenny Davis, called, but he is not an owner of record. He told staff that they
have been trying to sell the house. Staff has not been able to contact him since
that call on August 30, 2002.
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Vice Chairman Cope stated that it doesn't make much difference when the last
person was living in this house because the condition of the house speaks for
itself. They could've lived in it three months ago and if they let it go this far in
three months, we'd still face this problem as it sits - it's a substandard building.
Mr. Cope believes the owner has had the opportunity to come forward since the
City has been working with this for well over a year.
Philip Orr suggested that if a demolish order were filed, perhaps the pwner might
surFace then. Vice Chairman Cope agreed, and said that the owner would be
forced to come forward unless the owner figured that it is cheaper to demolish
the house and sell the land then it is to fix the house. Mr. Cope stated that it
doesn't change the fact that the owner is being nonresponsive and one way or
the other will have to pay for the place to be tom down. If the owner believes the
City is going to do it for nothing, they are sadly mistaken. Mr. Cope stated that it
is not the City's responsibility to track a person down, but that the homeowner
should come forward and tell staff what they intend to do with their property.
The Chairman stated that staff only had a P.O. Box and maybe the property
owner might be out of town and could not get in contact. Philip Orr mentioned
that it seems that no one has an interest in the property. He said that it keeps
going down and down and no one is responding. He stated that if the son has
any communication with his father or who ever owns the home, then the owner
should know that this is being considered.
John :~arriviere asked how the taxes are being collected. Mr. Pendley stated that
there is no mention that there are delinquent taxes. He explained that it will cost
approximately $3,000 to $5,000 to have the structure removed. Alien will then
be placed on the property for that amount and when the owner attempts to sell
the property, the title search will reveal the lien which will need to be paid and
cleared prior to the completion of the sale.
The Vice Chairman stated that he did not believe this board's duty is to concern
itself with the actions of the homeowner. If the homeowner does not appear
before the board to say what he wants to do with his property, the board doesn't
need to give a lot of consideration to that person. This is a substandard building.
He believes this is badly tom up -possibly one of the worst he has seen. Mr.
Cope stated that if the board makes a motion to start the demolition timetable,
the homeowner can appeal.
Philip Orr, seconded by Mr. Cope, made a motion to declare 3705 Kris Street a
substandard building. The motion carried unanimously (4-0).
Vice Chairman Cope, seconded by Mr. Larriviere, amended the motion. Based
on the condition of the property and lack of appearance by the owner to provide
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any intent to repair, the Board orders the owner to secure the necessary permits
and commence demolition of the property within 45 days and the lot cleared to
grade within 75 days. Should the property owner fail to perform, the city shall
demolish the building and assess liens against the property. The motion carried
unanimously (4-0).
ADJOURNMENT
The Chairman adjourned the meeting at 7:11 p.m.
Chairman
Michael Augustin '"-~
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