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HomeMy WebLinkAboutSBB 2015-08-27 MinutesMINUTES OF THE REGULAR MEETING OF THE SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL CHAMBERS, 7301 NE LOOP 820 AUGUST 27, 2015 The Substandard Building Board of the City of North Richland Hills, Texas met on the 27t" day of August 2015 at 2:30 p.m. in the Council Chambers. Present: Brian Crowson Chairman, Place 6 Thomas Moreau Place 2 Deryl Brown Place 3 Thomas Osen Place 4 Billy Parks Place 5 Robert McCary Place 7 Absent: Lynn Motheral Place 1 Staff Members: Stefanie Martinez Director of Neighborhood Services Paulette Hartman Assistant City Manager George Staples City Attorney Dave Pendley Building Official Alicia Richardson City Secretary 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 2:30 p.m. Chairman Crowson introduced and welcomed new board member Billy Parks. 2. APPROVAL OF MINUTES OF THE MAY 28, 2015 SUBSTANDARD BUILDING BOARD MEETING. MR. BOB MCCARY MOVED TO APPROVE THE MINUTES OF THE MAY 28, 2015 SUBSTANDARD BUILDING BOARD MEETING. MR. THOMAS MOREAU SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. Substandard Building Board Meeting August 27, 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. APPROVED Chairman Crowson called on Code Enforcement Officer Kevin Goodpaster to present the item. Mr. Goodpaster 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; • Notice of public hearing filed with Tarrant County on May 14, 2015; • Substandard Building Board, at their May 28, 2015 meeting, tabled the case for 90 days to allow owners the opportunity to work with the City and to begin repairing the structure; • Notice of public hearing delivered by certified mail on July 31, 2015; • Legal notice of public hearing published in Fort Worth Star Telegram on August 7, 2015; and • Notice of public hearing filed with Tarrant County on August 7, 2015 Mr. Goodpaster reported that he 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) o Photos presented showed damaged ineffective waterproofing of exterior walls and broken windows • 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 August 27, 2015 Page 2 of 10 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) o Photos presented showed damaged exterior walls at front entrance, presence of former building occupant/business, and missing trim at the front entry and damaged wood trim at window • 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) o Photos presented showed damaged electrical lines and exposed wiring • 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) o Photos presented showed damaged water heaters and electrical panel • 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) o Photos presented showed sagging ceiling • 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) o Photos presented showed evidence of roof leak due to faulty weather protection Mr. Goodpaster 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 in the total amount of $91,000, which is calculated at $1,000 per day for each day the property remains in violation. The date of the Notice and Order was April 9, 2015. The civil penalty is Substandard Building Board Meeting August 27, 2015 Page 3 of 10 calculated from the initial Substandard Building Board hearing of May 28, 2015, which was 91 days prior to the meeting today. In response to Chairman Crowson's question, Mr. Goodpaster informed the Board that the property owner did not complete exterior work agreed to at the May 28, 2015 public hearing meeting. Mr. Goodpaster also commented that the applicant has not requested any building permits. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Richard Allen (general contractor) with Cafe Build, LLC commented that he is a friend of the property owner. He became involved when property owner Lee Nguyen received notice of the public hearing. In response to Chairman Crowson's question property owner Lee Nguyen advised that no work was completed because Carlos Goyne, the person who represented him at the last building, did not perform or return his phone calls. Mr. Allen asked the Board for fourteen (14) days to present full architectural drawings to apply for permits. He registered his construction company with the City of North Richland Hills. He further commented that they can perform the work within 90 days. In speaking with property owners Lee and Tran, they are looking to open February 1, 2016. Mr. Allen advised that he has worked in the metroplex for 24 years. If approved by the Board, he committed to having plans submitted for permits within two weeks and would begin construction within 48 hours after approval of said permits. If all goes according to plan, he anticipates having a certificate of occupancy and open for business by February 1, 2016. Chief Building Official Dave Pendley confirmed that he met with Mr. Richard Allen and that the City is interested in seeing the building repaired and back in operation. Mr. Pendley informed the Board that there are zoning issues that have to take place before a permit can be issued for a lot of the major construction. The value of the proposed construction has exceeded the value of the building. 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. The site will more than likely require variances, which will require review and approval by the Planning and Zoning Commission and City Council. The review by the Planning and Zoning Commission and City Council can take 60-90 days. Mr. Pendley advised that the applicant can do some cleaning up and possibly some of the exterior repairs, but until it is fully realized what is needed on the exterior there will be a time period that activity is ceased. Mr. Richard Allen confirmed that they were made aware of items to be brought up to code, landscaping, landscape setback, parking, and energy code (interior and exterior). Substandard Building Board Meeting August 27, 2015 Page 4 of 10 At the request of City Attorney George Staples, Mr. Pendley advised the Board that the city could allow the property owner to make improvements to the exterior, interior clean up, preparation for the interior, roof repair, and repairs to the sign while waiting for the variance request to go before the Planning and Zoning Commission and City Council. City Attorney George Staples asked the property owner and Mr. Allen if they could get the work completed within 90 days. Mr. Allen confirmed that he could complete the work in 90 days if he can obtain permits. Mr. Pendley advised that the city can work without modified plans to provide permits for roof work and some of the exterior work. The remaining modifications would require review of the plans submitted by the property owner. Mr. Pendley informed the Board it would take approximately three weeks for the city to review the submitted plans. Mr. Allen confirmed that he would address the building problems, as outlined in staffs presentation, within 90 days. There being no one else wishing to speak, Chairman Crowson closed the public hearing. Mr. Deryl Brown commented that he is not interested in granting the property owner more than 90 days to address the items outlined by staff. MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING ORDER FOR SSB2015-51, DETERMINING THAT PROPERTY LOCATED AT 5250 BEDFORD EULESS ROAD KNOWN AS BLOCK 1, LOT 1A, BENNIGANS ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, IS AN UNOCCUPIED COMMERCIAL 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; AND FURTHER ORDER THE OWNER TO OBTAIN PERMITS WITHIN THIRTY (30) DAYS; ALL REQUIRED REPAIRS MUST BE COMPLETED WITHIN NINETY (90) DAYS; IF PROPERTY OWNER(S) FAILS TO MAKE REPAIRS, CIVIL PENALTIES ARE ASSESSED IN THE AMOUNT OF $91,000, WHICH IS CALCULATED FROM THE HEARING OF TODAY AUGUST 27, 2016 UNTIL THE END OF THE 90 DAYS. MR. BOB MCCARY SECONDED THE MOTION. MOTION TO APPROVE 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. Substandard Building Board Meeting August 27, 2015 Page 5of10 Chairman Crowson called on Code Enforcement Officer Debbie Heizer to present the item. Ms. Debbie Heizer informed the Board that all required repairs have been made as of this morning and staff is recommending that no action be taken by the Board. There being no action required; Chairman Crowson moved to item 6. 6. SSB 2015-56 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 4025 HONEY LANE, NORTH RICHLAND HILLS TX 76180, LEGALLY DESCRIBED AS BLOCK 1, LOT 8 NORTEX 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 4025 Honey Lane. • Minimum standards notice delivered by mail on February 16, 2015; • Exterior inspection with property owner on April 9, 2015; • A notice and order was delivered by certified mail on July 27, 2015; • Notice of public hearing o posted on the property door on August 11, 2015; o delivered by certified mail on August 7, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on August 7, 2015; and • Notice of public hearing filed with Tarrant County on August 7, 2015 Ms. Heizer reported that she 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). o Photos presented show deteriorated paint, raw wood and ineffective waterproofing on wood, damaged wood at trim and faulty weather protection, chipped paint on structure, and rotten trim on front of structure Substandard Building Board Meeting August 27, 2015 Page 6 of 10 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 or demolish structure if property owner fails to bring property into compliance; and assess civil penalties for the total amount of $310.00, which is calculated at $10.00 per day for each day the property remains in violation the date of the Notice and Order was July 25, 2015. Chairman Crowson asked staff if permits were required to address the violations. Ms. Heizer informed the Board that permits are not required to address the violations. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Property owner Larry Martinez, 4025 Honey Lane, informed the Board that he has been proactive in correcting the violations. In response to Chairman Crowson's question, Mr. Martinez advised the Board that he would be able to bring the house into compliance within 90 days. There being no one else wishing to speak, Chairman Crowson closed the public hearing. MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING ORDER FOR SSB 2015-56, THE PROPERTY LOCATED AT 4025 HONEY LANE, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 1, LOT 8 NORTEX 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 ORDER; ALL REPAIRS MUST BE COMPLETED WITHIN 90 DAYS, AND CIVIL PENALTIES ARE ASSESSED FOR THE TOTAL AMOUNT OF $910.00, WHICH IS CALCULATED AT $10.00 PER DAY FOR EACH DAY THE PROPERTY REMAINS IN VIOLATION FROM THE DATE OF THE NOTICE OF ORDER WHICH IS JULY 27, 2015. MR. BILLY PARKS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. Chairman Crowson announced that the Board would move to item 5. Substandard Building Board Meeting August 27, 2015 Page 7 of 10 5. SSB 2015-55 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 7916 HARWOOD ROAD, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 10, LOT 10 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 Kevin Goodpaster to present the item. Mr. Goodpaster provided the Board with an overview of action taken to date for the structure located at 7916 Harwood Road. • Minimum standards notice delivered by mail on June 19, 2015; • Interior and exterior inspection conducted on June 23, 2015; • A notice and order was delivered by certified mail on July 9, 2015; • Notice of public hearing o posted on the property door on July 30, 2015; o delivered by certified mail on July 31, 2015 • Legal notice of public hearing published in Fort Worth Star Telegram on August 7, 2015; and • Notice of public hearing filed with Tarrant County on August 7, 2015 Mr. Goodpaster reported that she 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). o Photos presented showed ineffective waterproofing of exterior walls and broken windows and door 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) o Photos presented showed damaged exterior walls at front entrance and damaged walls and windows from an explosion Substandard Building Board Meeting August 27, 2015 Page 8 of 10 • 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) o Photos presented show damaged walls and ceilings • 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) o Photos presented show damaged electrical lines and exposed wiring • 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) o Photos presented showed damaged and inoperable mechanical equipment Mr. Goodpaster 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 clarified that the Board can order that the structure be demolished to grade. In response to a question from the Board, Mr. Goodpaster commented that the building has structural damage from the explosion. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Chairman Crowson closed the public hearing. MR. BOB MCCRARY MOVED TO ENTER THE FOLLOWING ORDER FOR SSB201 "5, DETERMINING THAT THE PROPERTY LOCATED AT 7916 HARWOOD ROAD, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK 10, LOT 10 CLEAR VIEW ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, IS AN Substandard Building Board Meeting August 27, 2015 Page 9 of 10 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 30 DAYS AND IF THE PROPERTY OWNER FAILS TO BRING THE PROPERTY INTO COMPLIANCE THE LIENHOLDER WILL BE GRANTED 30 DAYS TO REPAIR THE STRUCTURE; IF THE PROPERTY OWNER OR LIENHOLDER FAIL TO BRING THE PROPERTY INTO COMPLIANCE THE CITY WILL BE AUTHORIZED TO DEMOLISH THE STRUCTURE TO GRADE. MR. DERYL BROWN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 6. SSB 2015-56 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 4025 HONEY LANE, NORTH RICHLAND HILLS TX 76180, LEGALLY DESCRIBED AS BLOCK 1, LOT 8 NORTEX 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 This item was considered earlier in the meeting. 7. ADJOURNMENT Chairman Crowson adjourned the meeting at 3:35 p.m. f l Brian Crowson, Chairman ATTEST: Tiffan nay, S re ary Substandard Building Board Meeting August 27, 2015 Page 10 of 10