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HomeMy WebLinkAboutSBB 2015-05-28 Minutes MINUTES OF THE REGULAR MEETING OF THE SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE DAN ECHOLS CENTER, 6801 GLENVIEW DRIVE MAY 28, 2015 The Substandard Building Board of the City of North Richland Hills, Texas met on the 28th day of May 2015 at 2:00 p.m. in the Dan Echols Center. Present: Brian Crowson Chairman, Place 6 Lynn Motheral Place 1 Thomas Moreau Place 2 Deryl Brown Place 3 Thomas Osen Place 4 Vacant Place 5 Robert McCary Place 7 Staff Members: Stefanie Martinez Director of Neighborhood Services Paulette Hartman Assistant City Manager Tiffany Inay Recording Secretary George Staples City Attorney Dave Pendley Building Official Debbie Heizer Code Compliance Officer Kevin Goodpaster Code Compliance Officer Rick Roberts Code Compliance Officer Dena Milner Code Compliance Officer 1. CALL TO ORDER Chairman Crowson called the meeting to order at 2:00 p.m. Chairman Crowson introduced and welcomed new board member Thomas Osen. 2. APPROVAL OF MINUTES OF THE MAY 28, 2015 SUBSTANDARD BUILDING BOARD MEETING. MR. TOM MOREAU MOVED TO APPROVE THE MINUTES OF THE AUGUST 28, 2014 SUBSTANDARD BUILDING BOARD MEETING. MR. BOB MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. Substandard Building Board Meeting May 28, 2015 Page 1 of 10 3. SSB2015-51 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 8250 BEDFORD EULESS ROAD KNOWN AS BLOCK 1, LOT 1A, BENNIGANS ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TX IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR AND ASSESS CIVIL PENALTIES. TABLED TO THE NEXT SUBSTANDARD BUILDING BOARD MEETING Chairman Crowson called on Code Enforcement Officer Debbie Heizer to present the item. Ms. Heizer provided the Board with an overview of action taken to date for the structure located at 8250 Bedford Euless Road. • Inspection of interior and exterior on February 26, 2015; • A notice and order was delivered by certified mail on April 9, 2015; • Notice of public hearing o posted on the property door on April 30, 2015; o delivered by certified mail on May 6, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on May 13, 2015; and • Notice of public hearing filed with Tarrant County on May 14, 2015 Ms. Heizer reported that she and Chief Building Official Dave Pendley and Code Enforcement Officer Dena Milner found the following outstanding violations upon inspection of the structure. • Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. — Code of Ordinances, Chapter 98-462(h)(2); • Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering — Code of Ordinances, Chapter 98-462(h)(3); • Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings— Code of Ordinances, Chapter 98-462(h)(4) • Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical Substandard Building Board Meeting May 28, 2015 Page 2 of 10 equipment 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 and safe condition shall be considered substandard. — Code of Ordinances, Chapter 98-462(g); • 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, members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration—Code of Ordinances, Chapter 98-462(c)(6); Ms. Heizer advised the Board that staff recommends the structure be found substandard and order the building repaired within 30 days; allow lienholder to be granted 30 days to repair structure if property owner fails to bring property into compliance; and authorize the city to impose civil penalties ($10.00) to the property per day until repairs are made if both the property owner and lien holder fail to bring the property into compliance. In response to a question from the Board, Ms. Heizer advised that the structure is currently locked and secured. City Attorney George Staples advised the Board that he has a document to introduce and it is the notice that was previously sent out before this item was set for hearing. The notice will establish what the city has done to date regarding the structure to bring it into compliance. In response to a question from the Board, City Attorney George Staples advised the Board that they would need to reconvene again to assess civil penalties if the property owner does not comply with the order. The statute has been amended to authorize the Substandard Building Board to assess civil penalties without the need to have two public hearings. Staff will bring forward an amendment for Council's approval to allow the Substandard Building Board to have one hearing, which will streamline the process. Director of Neighborhood Services Stefanie Martinez informed the Board that a representative for the owner is present to respond to questions. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Carlos Goyne, representative for DTNN Holdings, LLC provided the Board documentation that outlined their short and long term intent for the structure. Mr. Goyne commented that improvements to the structure were postponed to allow completion of highway construction. He advised that the building is intended to be a Sushi Axiom. In response to the citation, the property owner's intent is to have the building presentable and not give the appearance of being condemned. He provided the Board with a recent photograph of the front elevation that shows the removal of landscaping and Substandard Building Board Meeting May 28, 2015 Page 3 of 10 groundcover, trimmed trees to a certain height, removal of old signage and awnings at front door to address citations. He commented that all shrubs and plantings at the perimeter of the building would be removed and new sod placed at the perimeter. He further commented that a seal coat of asphalt would be placed on the parking lot as part of the site remediation. Mr. Goyne reviewed the interior space plan with the Board. He advised that the roof will be removed and replaced with a new roof deck. In response to a question from the Board, Mr. Goyne advised that the property owner is requesting 90 days to apply for building permits. Depending on review and approvals, he anticipates two months for planning, one month to permit and work to be completed within 10-14 weeks. Chief Building Official Dave Pendley advised the Board that certain processes need to be addressed before moving forward. Tarrant Appraisal District shows the value of the structure as $153,130 and the city's zoning ordinance states that when any building puts in more than 75% in value of improvements then all zoning requirements currently in place are triggered. Based on what is presented today, the development can be considered a Special Use Permit and/or a Planned Development, both of which need to go before the Planning and Zoning Commission and City Council. The building would require 100% masonry and applicant would be required to meet all requirements outlined in the zoning ordinance. Mr. Pendley advised the Board that the applicant would need a minimum of 90 days to address and begin the development process. City Attorney George Staples recommended that the Board delay their decision in order for the property owner to address violations and develop a schedule for structure to comply with the city's ordinances. Mr. Goyne agreed to address the pole sign by removing or covering the Bennigan's verbiage. There being no one else wishing to speak, Chairman Crowson closed the public hearing. MR. THOMAS MOREAU MOVED TO TABLE SSB2015-51 TO THE NEXT SUBSTANDARD BUILDING BOARD MEETING. MR. BOB MCCARY SECONDED THE MOTION. MOTION TO TABLE CARRIED 6-0. 4. SSB2015-52 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 7001 OAKLAND LANE KNOWN AS BLOCK 15, LOT 15, SNOW HEIGHTS ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TX IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR AND ASSESS CIVIL PENALTIES. APPROVED Substandard Building Board Meeting May 28, 2015 Page 4 of 10 Chairman Crowson called on Code Enforcement Officer Debbie Heizer to present the item. Ms. Heizer provided the Board with an overview of action taken to date for the structure located at 7001 Oakland Lane. • Minimum standards notice delivered by mail on July 17, 2014; • Multiple exterior inspections between July 2014 and April 2015; • A notice and order was delivered by certified mail on October 15, 2014; • Notice of public hearing o posted on the property door on May 7, 2015; o delivered by certified mail on May 6, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on May 13, 2015; and • Notice of public hearing filed with Tarrant County on May 14, 2015 Ms. Heizer reported that she found the following outstanding violations—chipped paint and broken garage door—upon inspection of the structure. • Faulty weather protection—buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. — Code of Ordinances, Chapter 98-462(h)(2). Ms. Heizer advised the Board that staff recommends the structure be found substandard and order the building repaired within 30 days; allow lien holder to be granted 30 days to repair structure if property owner fails to bring property into compliance; and authorize the city to impose civil penalty of $10.00 per day until repairs are made if both the property owner and lien holder fail to bring the property into compliance. In response to a question from the Board, Ms. Heizer advised that the exterior fence appears to be secure. Ms. Heizer advised that the property is currently occupied. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Jason Glover, property owner, advised the Board that he has owned the property since 2005. Mr. Glover advised the Board that weather permitting; the violations would be addressed and completed within 30 days. Mr. Glover advised the Board the first he was aware of the violations was May 7. He has the materials, but is not able to paint due to the recent weather. Mr. Glover advised that he would replace the rotten wood. Chairman Crowson clarified that Mr. Glover was aware that the city would impose a penalty of$10.00 per day if the repairs are not made within 30 days. Substandard Building Board Meeting May 28, 2015 Page 5 of 10 There being no one else wishing to speak, Chairman Crowson closed the public hearing. MR. LYNN MOTHERAL MOVED TO APPROVE SSB2015-52, DETERMINING THAT PROPERTY LOCATED AT 7001 Oakland LANE, LOT 15, BLOCK 15, SNOW HEIGHTS ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, IS AN UNOCCUPIED RESIDENTIAL STRUCTURE HEREBY FOUND TO BE A SUBSTANDARD BUILDING BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING AND SUCH NOTICES ARE HEREBY INCORPORATED IN THIS ORDER; ALL REPAIRS MUST BE COMPLETED WITHIN THIRTY (30) DAYS; (2) IF PROPERTY OWNER(S) FAIL TO REPAIR THE BUILDING, THE LIENHOLDER SHALL WITHIN THIRTY (30) DAYS REPAIR THE BUILDING; AND (3) IF PROPERTY OWNER(S)AND/OR LIENHOLDER(S) FAIL TO REPAIR THE BUILDING, THE CITY OF NORTH RICHLAND HILLS MAY IMPOSE CIVIL PENALTIES AGAINST THE PROPERTY IN AN AMOUNT NOT TO EXCEED $10.00 A DAY UNTIL REPAIRS ARE MADE . MR. DERYL BROWN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 5. SSB 2015-53 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 7929 JOREEN DRIVE, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 5, LOT 25 CLEAR VIEW ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TX IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION. APPROVED Chairman Crowson called on Code Enforcement Officer Debbie Heizer to present the item. Ms. Heizer provided the Board with an overview of action taken to date for the structure located at 7929 Joreen Drive. • Minimum standards notice delivered by mail on February 16, 2015; • Interior and exterior inspection conducted on April 22, 2015; • A notice and order was delivered by certified mail on April 27, 2015; • Notice of public hearing o posted on the property door on May 7, 2015; o delivered by certified mail on May 6, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on May 13, 2015; and • Notice of public hearing filed with Tarrant County on May 14, 2015 Substandard Building Board Meeting May 28, 2015 Page 6 of 10 Ms. Heizer reported that she found the following outstanding violations—boarded windows on the garage door, rotten wood around garage door frame and eaves of structure, chipped paint and cracks in the brick—upon inspection of the structure. • Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. — Code of Ordinances, Chapter 98-462(h)(2). • 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, members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration and deteriorated or inadequate foundation.—Code of Ordinances Chapter 98-462(c)(1) and (6). • Inadequate sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, general dilapidation or improper maintenance.—Code of Ordinances Chapter 98-462(b). Ms. Heizer advised the Board that staff recommends the structure be found substandard and order the building repaired or demolished within 30 days; allow lienholder to be granted 30 days to repair or demolish structure if property owner fails to bring property into compliance; and authorize the city to demolish the structure if the property owner or lienholder fail to bring the property into compliance. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Todd Hickson, a resident who lives in the area, expressed an interest in the structure as an investment property. Chairman Crowson announced that neither the property owner nor the lienholder were present for the public hearing. There being no one else wishing to speak, Chairman Crowson closed the public hearing. MR. DERYL BROWN MOVED TO APPROVE SSB2015-53, DETERMINING THAT THE PROPERTY LOCATED AT 7929 JOREEN DRIVE, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 5, LOT 25 CLEAR VIEW ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, IS AN UNOCCUPIED RESIDENTIAL STRUCTURE HEREBY FOUND TO BE A SUBSTANDARD BUILDING BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING AND SUCH NOTICES ARE HEREBY INCORPORATED IN THIS ORDER; ALL REQUIRED PERMITS MUST BE OBTAINED WITHIN 15 DAYS AND ALL REPAIRS MUST BE Substandard Building Board Meeting May 28, 2015 Page 7 of 10 COMPLETED WITHIN 30 DAYS, OR STRUCTURE MUST BE DEMOLISHED TO GRADE WITHIN 30 DAYS; AND IF SUCH ORDER IS NOT IS NOT COMPLIED WITHIN THE TIME FRAMES ESTABLISHED IN THE HEARING, THE CITY MAY HIRE A CONTRACTOR AND HAVE THE STRUCTURE DEMOLISHED AND ASSESS ALL COSTS AGAINST THE PROPERTY. MR. BOB MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 6. SSB 2015-54 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 5117 COLORADO BOULEVARD NORTH RICHLAND HILLS TX 76180, LEGALLY DESCRIBED AS BLOCK 4, LOT 1 CLEAR VIEW ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TX IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION. APPROVED Chairman Crowson called on Code Enforcement Officer Debbie Heizer to present the item. Ms. Heizer provided the Board with an overview of action taken to date for the structure located at 5117 Colorado Boulevard. • Minimum standards notice delivered by mail on February 16, 2015; • Interior and exterior inspection on April 23, 2015; • A notice and order was delivered by certified mail on April 27, 2015; • Notice of public hearing o posted on the property door on May 7, 2015; o delivered by certified mail on May 6, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on May 13, 2015; and • Notice of public hearing filed with Tarrant County on May 14, 2015 Ms. Heizer reported that she found the following outstanding violations—deteriorated paint on eaves, missing glass panel in window, damaged wood at trim, dilapidated roof shingles, leaning chimney, deteriorated/inadequate foundation, exposed wiring and damaged HVAC unit—upon inspection(s) of the structure. • Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. — Code of Ordinances, Chapter 98-462(h)(2). • Faulty weather protection.Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but Substandard Building Board Meeting May 28, 2015 Page 8 of 10 not be limited to, broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings.—Code of Ordinances, Chapter 98-462(h)(3). • 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.—Code of Ordinances, Chapter 98-462(e). • 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, fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.—Code of Ordinances, Chapter 98-462(c)(8). • 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, deteriorated or inadequate foundation.—Code of Ordinances, Chapter 98-462(c)(1). • Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment 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 and safe condition shall be considered substandard.—Code of Ordinances, Chapter 98-462(g). Ms. Heizer advised the Board that staff recommends the structure be found substandard and order the building repaired or demolished within 30 days; allow lien holder to be granted 30 days to repair or demolish structure if property owner fails to bring property into compliance; and authorize the city to demolish the structure if the property owner or lienholder fail to bring the property into compliance. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Chairman Crowson read a letter into record (hereto incorporated) received from North Richland Hills resident Mr. Jeff Paul who resides at 5125 Colorado Boulevard. There being no one else wishing to speak, Chairman Crowson closed the public hearing. MR. BOB MCCARY MOVED TO APPROVE SSB2015-54, DETERMINING THAT THE PROPERTY LOCATED AT 5117 COLORADO BOULEVARD, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 4, LOT 1 CLEAR VIEW ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TX TEXAS, IS AN UNOCCUPIED RESIDENTIAL STRUCTURE HEREBY FOUND TO BE A SUBSTANDARD BUILDING BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING AND SUCH NOTICES ARE HEREBY INCORPORATED IN THIS Substandard Building Board Meeting May 28, 2015 Page 9 of 10 ORDER; ALL REQUIRED PERMITS MUST BE OBTAINED WITHIN 15 DAYS AND ALL REPAIRS MUST BE COMPLETED WITHIN 30 DAYS, OR STRUCTURE MUST BE DEMOLISHED TO GRADE WITHIN 30 DAYS; AND IF SUCH ORDER IS NOT IS NOT COMPLIED WITHIN THE TIME FRAMES ESTABLISHED IN THE HEARING, THE CITY MAY HIRE A CONTRACTOR AND HAVE THE STRUCTURE DEMOLISHED AND ASSESS ALL COSTS AGAINST THE PROPERTY. MR. DERYL BROWN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 7. ADJOURNMENT Chairman Crowson adjourned the meeting at 3:20 p.m. Brian Crowson, Chairman ATTEST: r � C1 L Tiffan ay, cretary Substandard Building Board Meeting May 28, 2015 Page 10 of 10