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HomeMy WebLinkAboutSBB 2016-06-16 MinutesMINUTES OF THE REGULAR MEETING OF THE SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE JUNE 16, 2016 The Substandard Building Board of the City of North Richland Hills, Texas met on the 16th day of June 2016 at 2:00 p.m. in the Council Chambers. Present: Brian Crowson Thomas Moreau Deryl Brown Thomas Osen Lynn Motheral Robert McCary Absent: Staff Members Billy Parks Stefanie Martinez Cara White Dave Pendley Tiffany Inay Debbie Heizer Kevin Goodpaster Rick Roberts Dena Milner 1. CALL TO ORDER Chairman, Place 6 Place 2 Place 3 Place 4 Place 1 Place 7 Place 5 Director of Neighborhood Services City Attorney Building Official Code Secretary Code Compliance Officer Code Compliance Officer Code Compliance Officer Code Compliance Officer Chairman Crowson called the meeting to order at 2:05 p.m. 2. APPROVAL OF MINUTES OF THE AUGUST 27, 2015 SUBSTANDARD BUILDING BOARD MEETING. MR. DARYL BROWN MOVED TO APPROVE THE MINUTES OF THE AUGUST 27, 2015 SUBSTANDARD BUILDING BOARD MEETING. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. Substandard Building Board Meeting June 16, 2016 Page 1 of 8 3. SSB2016 -58 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 6608 MARIE STREET KNOWN AS BLOCK 3, LOT 15, RICHLAND HILLS WEST ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLISION. APPPOVFn Chairman Crowson called on Code Enforcement Officer Dena Milner to present the item. Ms. Milner provided the Board with an overview of action taken to date for the structure located at 6608 Marie Street. • Inspection was conducted on June 15, 2016; • A notice and order • mailed by certified mail on May 10, 2016; • delivered by certified mail on May 20, 2016 • Notice of public hearing • posted on the property door on June 1, 2016; • mailed by certified mail on June 2, 2016 • delivered by certified mail on June 6, 2016 • Legal notice of public hearing published in the Fort Worth Star Telegram on June 3,2016-1 • Notice of public hearing filed with Tarrant County on June 2, 2016; • A permit for foundation repair was issued on June 8, 2016; • Inspection was conducted on June 16, 2016 for improvement. Ms. Milner reported that he found the following outstanding violations upon inspection of the structure. • Commencement of proceedings. Whenever the building official or director of neighborhood services has inspected or caused to be inspected any building, and had found and determined that such building is: —Code of Ordinances, Chapter 98 -463 o Photos presented showed dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; building is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage, or could be entered or used by children o Photo showed the front elevation of the structure with tree limbs hanging off the roof, rotten wood at the garage entry and faulty weather protection (peeling paint). Substandard Building Board Meeting June 16, 2016 Page 2 of 8 o Photo showed an accessory structure with an open door /unsecure from entry and rotten wood at the base of the building • 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: general dilapidation or improper maintenance —Code of Ordinances, Chapter 98- 462(b)(13) o Photos presented showed rotten wood around the garage entry and tree limbs hanging from the roof • 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)(6) o Photos presented showed a listing chimney and gaps between the exterior wall and the chimney brick • 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 floor, including broken windows or doors; 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; broken, rotten, missing, split or buckled exterior walls or wall coverings or roof coverings; 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 rotten wood, holes in the exterior walls, peeling paint throughout the exterior, breaches in interior walls, breaches in exterior walls to faulty weather protection Ms. Milner advised the Board that staff recommends the structures be: • found substandard, and • order all required permits be obtained witihin 15 days of the board order, and • the building repaired or demolished within 30 days of the board order; • allow lienholder to be granted 30 days to repair or demolish the structures if property owner fails to bring property into compliance; and • authorize the city to demolish the structures. In response to Chairman Crowson's question, Ms. Milner informed the Board that the building was scheduled to be inspected on June 15th, but was inspected the morning of June 16th. She further stated there were no improvements and that they did obtain a permit to repair the foundation under the chimney. Chairman Crowson also asked if the homeowners were contacted to which Ms. Milner answered in the affirmative. Substandard Building Board Meeting June 16, 2016 Page 3 of 8 Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. No one appeared and the public hearing was closed. The Board members had open discussion. A question was asked if there was any interest from the property owner. Ms. Milner stated it was a foreclosure and that there would be some time before they were able to complete the repairs. She further informed the members that an agent for the owner obtained a permit for the foundation repair, but those repairs had not been completed as of that morning. MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING ORDER FOR SSB2016 -58 DETERMINING THAT PROPERTY LOCATED AT 6608 MARIE STREET KNOWN AS BLOCK 3, LOT 15, RICHLAND HILLS WEST ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, IS AN 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 AND IT SHALL BE REPAIRED WITHIN THIRTY (30) DAYS; AND FURTHER ORDER THE OWNER TO OBTAIN PERMITS WITHIN FIFTEEN (15) DAYS; ALL REQUIRED REPAIRS MUST BE COMPLETED WITHIN THIRTY (30) DAYS; IF PROPERTY OWNER(S) FAILS TO REPAIR OR DEMOLISH THE STRUCTURES THE LIENHOLDER HAS THE SAME TIME AS PROVIDED TO THE PROPERTY OWNER. SHOULD BOTH THE OWNER AND LIENHOLDER FAIL TO BRING THE PROPERTY INTO COMPLIANCE THE CITY BE AUTHORIZED TO DEMOLISH THE STRUCTURES. A LIEN WILL BE PLACED ON THE PROPERTY FOR ALL COSTS INCURRED IF THE CITY DEMOLISHES THE STRUCTURE. MR. LYNN MOTHERAL SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. 4. SSB2016 -59 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 8605 AIRPORT FREEWAY KNOWN AS BLOCK A, LOT 7R, RICHLAND OAKS SUBDIVISION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLISH OR ASSESS CIVIL PENALTIES. 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 8605 Airport Freeway. • A notice and order was mailed by certified mail on May 12, 2016; • Notice of public hearing Substandard Building Board Meeting June 16, 2016 Page 4 of 8 • posted on the property door on June 1, 2016; • mailed by certified mail on June 1, 2016 • Interior office finish -out permit was issued in June 2015 • Minimum Standards Notice sent June 24 2015 • Minimum Standards Notice resent on September 15,2015 • A letter of intent from the property owner advising repairs would be taken care of and the building was expected to be occupied within a few months on October 8, 2015 • Title search was received on January 12, 2016 • Interior and exterior inspection was conducted on April 28, 2016 • A notice and order was mailed certified on May 12, 2016 • Notice of hearing was mailed certified on May 31, 2016 • A letter of intent from the property owner was received on June 1, 2016 advising repairs would be completed by the end of June 2016 • Notice of hearing was posted on the property door on June 1, 2016 • Notice of public hearing filed with Tarrant County on June 2, 2016; • Legal notice of public hearing published in Fort Worth Star Telegram on June 3, 2016; Ms. Heizer reported that she found the following outstanding violations upon inspection of the structure. • Faulty weather protection. 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: deteriorated or ineffective water proofing of exterior walls, roof, foundation or floors, including broken windows or doors; 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)(2),(3). o Photos presented show ineffective waterproofing of exterior walls, holes in the fascia with a squirrel hanging out and an open roof access from the interior of the structure. • 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 walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; —Code of Ordinances, Chapter 98- 462(c)(4) o Photos presented showed a cracked brick wall in the dumpster enclosure • 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 Substandard Building Board Meeting June 16, 2016 Page 5 of 8 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 Photo presented showed a conduit with electrical fixture handing out of a whole on an exterior wall. • Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing 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 free of cross connections or siphonage between fixtures shall be considered substandard. o Photo showed an open interior cleanout 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; If the property owner and lienholder fail to bring the property into compliance the City will be authorized to demolish the structure. Chairman Crowson called upon the owner to come up and speak. Mr. Robert McMurrey appeared and addressed the Board. He presented photographs which were taken recently. He stated repairs were ongoing and that the crack in the wall was of the dumpster enclosure. He also stated they were actively working on the repair to the enclosure. A foundation company had been hired to stabilize the area around the enclosure. The owner gave some additional background of the building (i.e. former T.G.I.Fridays). Chairman Crowson asked the owner what timeline he needed to comply with the standards. Mr. Robert McMurrey stated he needed a little help and asked for consideration since the structure is not occupied. Chairman Crowson clarified that all the items on the "punch list" was complied with. Mr. Deryl Brown referenced Mr. Crowson's letter and statements that some of the work had been completed. Mr. McMurrey stated all work except the work to the brick. Chairman Crowson asked if there was anyone else would like to speak. There were none. He stated he had questions for the City. Substandard Building Board Meeting June 16, 2016 Page 6 of 8 Mr. McMurrey again stated he had invested $6,000.00 to repair the structure and that he is trying to comply but wanted the Board to understand that he is trying to make the repairs in the most efficient manner. In further discussion Mr. McMurrey referenced the delay in the repairs to the "sushi restaurant" across the street. Building Official Dave Pendley spoke and referenced the unpainted trim. He asked if Mr. McMurrey had intended to paint the trim. Mr. McMurrey stated it was treated when he purchased it from Home Depot. Mr. Pendley explained the concern with the wood not being painted. He further stated Mr. McMurrey had accomplished what was addressed aside from finishing the brick wall repair and trim board paint. Mr. Crowson restated what was needed. Mr. McMurreuy also stated the CMU brick also needed to be repaired with the brick on the exterior of the dumpster enclosure. He also explained that the shrubs were the cause of the foundation issues with that wall and that he would have to remove them all around the building. Chairman Crowson closed the public hearing. The members had open discussion. MR. ROBERT MCCARY MOVED TO ENTER THE FOLLOWING ORDER FOR SSB 2015 -59, THE PROPERTY LOCATED AT 8605 AIRPORT FREEWAY, NORTH RICHLAND HILLS TX 76180 LEGALLY DESCRIBED AS BLOCK A, LOT 7R, RICHLAND OAKS SUBDIVISION, 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; ALL REPAIRS MUST BE COMPLETED WITHIN 30 DAYS AND FURTHER ORDER THE OWNER TO OBTAIN PERMITS WITHIN FIFTEEN (15) DAYS; ALL REQUIRED REPAIRS MUST BE COMPLETED WITHIN THIRTY (30) DAYS; IF PROPERTY OWNER(S) FAILS TO REPAIR OR DEMOLISH THE STRUCTURE THE LIENHOLDER HAS THE SAME TIME AS PROVIDED TO THE PROPERTY OWNER. SHOULD BOTH THE OWNER AND LIENHOLDER FAIL TO BRING THE PROPERTY INTO COMPLIANCE THE CITY BE AUTHORIZED TO DEMOLISH THE STRUCTURE. A LIEN WILL BE PLACED ON THE PROPERTY FOR ALL COSTS INCURRED IF THE CITY DEMOLISHES THE STRUCTURE. MR. LYNN MOTHERAL SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. 7. ADJOURNMENT Substandard Building Board Meeting June 16, 2016 Page 7 of 8 Chairman Crowson adjourned the meeting at 2:42 p.m. Brian Crowson, Chairman ATTEST: +teieartinez, A ing Secret Substandard Building Board Meeting June 16, 2016 Page 8 of 8