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.
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June 16, 2016
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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).
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June 16, 2016
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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.
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June 16, 2016
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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
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• 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
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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.
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June 16, 2016
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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
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Chairman Crowson adjourned the meeting at 2:42 p.m.
Brian Crowson, Chairman
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