HomeMy WebLinkAboutSBB 2017-07-11 Minutes MINUTES 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
JULY 11, 2017
The Substandard Building Board of the City of North Richland Hills, Texas met on the
11th day of July, 2017 at 6:00 p.m. in the Council Workroom.
Present: Brian Crowson Chairman, Place 6
Lynn Motheral Place 1
Thomas Moreau Place 2
Deryl Brown Place 3
Thomas Osen Place 4
Billy Parks Place 5
Absent: Robert McCary Place 7
Staff Members: Stefanie Martinez Director of Neighborhood Services
Maleshia McGinnis City Attorney
Audrey Cappallo Executive Secretary
Kevin Goodpaster Code Compliance Officer
Dave Pendley Chief Building Official
1. CALL TO ORDER
Chairman Crowson called the meeting to order at 6:00 p.m.
Before proceeding forward with the meeting, Chairman Crowson asked that Certified
Spanish Interpreter, Mr. Miguel Molinas, step forward to be sworn in as the Spanish
translator. Mr. Molinas was sworn in by Audrey Cappallo, Executive Secretary.
2. APPROVAL OF MINUTES OF THE MAY 9, 2017 SUBSTANDARD BUILDING
BOARD MEETING.
MR. DERYL BROWN MOVED TO APPROVE THE MINUTES OF THE MAY 9, 2017 SUBSTANDARD
BUILDING BOARD MEETING. MR. BILLY PARKS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
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July 11, 2017
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3. SBB 2016-58 PUBLIC HEARING AND CONSIDERATION WHETHER THE
STRUCTURE ON THE PROPERTY LOCATED AT 4813 ASH STREET
KNOWN AS BLOCK 9, LOT 3, RICHAVEN SUBDIVISION ADDITION, NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN
THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR AS
WELL AS NON-COMPLIANCE WITH THE PREVIOUS ORDER OF THE CITY
OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD.
APPROVED
Chairman Crowson called on Code Compliance Officer Kevin Goodpaster to present the
item.
Mr. Goodpaster stated this was a following up meeting for 4813 Ash St from the May
Substandard Building Meeting.
Mr. Goodpaster presented two aerial photos of the property located at 4813 Ash Street.
Mr. Goodpaster stated that the property is zoned R-2 which is Residential Single Family
and is currently vacant.
Mr. Goodpaster presented the history of the property since the last meeting on May 9,
2017 in which the owner was ordered to meet with the appropriate city staff within 30
days of the hearing to create a scope of work to repair the structure. Mr. Goodpaster
presented a photo of the Order that was provided to the owner in Spanish and English.
Mr. Goodpaster reported that the following improvements have been made on the
property as of July 7, 2017 upon inspection of the structure.
• New header and support columns along the front of the home. Photo presented
showed new header and support columns.
• New foundation with permit installed. Photo presented showed new foundation.
• Painting of the exterior of the home. Photo presented showed the exterior of the
home painted.
• New electrical panel installed. The electrical wiring was run throughout the house
but wasn't installed into the panel or outlets. Photos presented showed the new
electrical panel and the wiring throughout the house.
• New Garage doors installed with permit. Photo presented showed new garage
doors.
Mr. Goodpaster presented additional photos of the exterior of the home.
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July 11, 2017
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Mr. Goodpaster advised the Board that the structure remains substandard and staff
recommends:
o The City demolish the structure, as the property owners failed to meet with the
appropriate city officials and/or failed to create a scope of work to repair the
structure in accordance with the City rules and regulations as directed in the
North Richland Hills Substandard Building Board Order issued in May 2017. A
lien will be placed on the property for all costs incurred by the city to demolish the
structure.
Chairman Crowson asked if any of the board members had any questions they would
like to ask Mr. Goodpaster.
Mr. Billy Parks asked Mr. Goodpaster if the homeowner met with him or any other city
officials to come up with the list of items that needed to be improved. Mr. Goodpaster
responded that the homeowners did come in a few times but Mr. Dave Pendley, Chief
Building Official, would have more information on the meetings with the homeowners.
Mr. Pendley replied that he did meet with the homeowners a couple of times but it were
primarily on what they could do with the garage. There were no other discussions about
the other substandard issues with the home besides the permit to convert the garage
back into a garage.
Chairman Crowson asked if the board had any more questions.
Chairman Crowson opened the public hearing and asked for anyone wishing to speak
on the item to come forward.
Mr. Jose Mijango, property owner, advised the board they are doing everything in their
power to get things settled and fixed. He understands that people are busy and it is kind
of tough to get this done.
Chairman Crowson advised Mr. Mijango at the last meeting in May the Board order him
to meet with the appropriate city officials to determine and create a detailed scope of
work that is necessary to bring the structure into compliance and determine how long it
would take to get those repairs corrected. Chairman Crowson asked Mr. Mijango to
explain what happened with that? Mr. Mijango responded that he did follow the Board
instructions to fix the front part of the house, and the foundation which he did.
Chairman Crowson asked Mr. Mijango what did he communicate to the City on what
needed to be done; as the City requires specific things to be done which seems haven't
been done? Mr. Mijango responded that he did speak to the City but he was told that
there were some inspectors out sick and they couldn't go out to the property to inspect.
They did give us a permit for the garage a month after.
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Chairman Crowson asked Mr. Mijango if he gave the City a detailed scope of work on
what work he was going to do? Mr. Mijango replied that he has had a difficult time
finding people and is doing everything he can do to finish. Chairman Crowson stated to
Mr. Mijango that he didn't answer the question. Mr. Mijango replied they started the
electricity and not the plumbing because they were told they couldn't do the plumbing
until the electricity was done. Chairman Crowson informed Mr. Mijango that if the Board
decides to give you more time to do this, it is extremely important that you communicate
with the City on what needs to be done and in a timely manner. Mr. Mijango replied ok.
Chairman Crowson asked Mr. Mijango if he had anything else he would like to say to the
Board. Mr. Mijango asked if they can give him a list of everything that needs to be done
so that he can get all those things done. They want to do the work and get it done. If you
can give us more time we would be grateful. No one wants to help us with the list. Ms.
Mijango asked the Board to please help them with getting the list. They want to make
the house better. Chair Crowson replied that the City has given them a list of the things
that needed to be done prior to these two meetings and it doesn't look like you all have
complied. Ms. Mijango responded we've done the foundation, converted the garage
back into a garage, installed garage doors, painted. We are working on the electricity
and the plumbing. Chairman Crowson asked Ms. Mijango if they had hired an
electrician. Ms. Mijango replied yes and they are waiting on the permit.
Chairman Crowson asked Mr. Mijango and Mrs. Mijango if they anything else they would
like to say to the Board. Mr. Mijango replied no.
Chairman Crowson asked if the Board had any questions for the City.
Mr. Parks asked Mr. Goodpaster and Dave Pendley what the progress is and based on
the all the work that needs to be done to this property what is an estimate percentage of
the work is done. Mr. Goodpaster responded he isn't licensed to give an answer on the
exact percentage on what has been done. They have made quite a bit of progress but it
has mainly been with the exterior area. The electrical and electrical panel still needs
work. No work has been done on the plumbing and the HVAC. Chairman Crowson
asked if those are the only items that would bring the home up to code and no longer
substandard. Mr. Goodpaster replied if they got those items repaired it would be enough
to grant them a standard living.
Chairman Crowson asked what about the debris in the front of the house. Mr.
Goodpaster replied that is the old foundation. Chairman Crowson asked if that is a code
violation. Mr. Goodpaster replied yes, it would fall under accumulation/outdoor storage
code violation, which we can require that they remove it.
Mr. Brown asked Mr. Goodpaster based on your presentation a permit for the
foundation was issued and the work on the foundation has been completed, is that
correct. Mr. Goodpaster replied yes, correct.
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Mr. Thomas Moreau asked if any permits had been issued for the HVAC or the
electrical. Mr. Pendley replied no. The only permits that have been issued are for the
foundation and converting the garbage back into a garage. No other permits have been
issued at this time. Mr. Motheral asked has any applications for MEP's been submitted.
Mr. Pendley replied no, there doesn't appear to be any activity that shows a trade
person tried to get a permit.
Chairman Crowson asked is there an order that things need to be completed before the
next permit can be issued. Mr. Pendley replied in a do it yourself project, like this, you
would tend to get your permits first, which has been approved for the garage only then
you would get the MEP's permits for the trade work which can't be done by the
homeowner.
Chairman Crowson asked the Board if they had any more questions for the City or
property owner.
Chairman Crowson closed the public hearing.
Mr. Brown moved that the board enter the following order concerning the property
located at 4813 Ash Street legally described as Block 9, Lot 3 Richaven Addition in
North Richland Hills, Tarrant County, Texas to authorize the City to demolish the
structure as the property owners failed to meet with the appropriate city officials and
or/failed to create a scope of work to repair the structure in accordance with the City
rules and regulations as directed in the Order issued in May of 2017. A lien will be
placed on the property for all costs incurred by the City to demolish the structure. Mr.
Moreau seconded the motion.
The Board discussed the current motion and amending the motion with different
timeframes and requirements for scope of work. Ms. McGinnis advised the Board that
under the City Ordinance, the Board has already given the property owner 63 days,
without a detail scope of work, which has been required. The most time the Board can
give them is until August 8, 2017, which is up to the 90 days. If the Board wants to give
them more than 90 days then they are required to prove at this hearing that there is a
detail scope of work and that the work requires more than 90 days to complete. Also, if
the Board plans to give them more than 90 days, the property owners will need to come
back to the Board monthly to update the Board on the progress of the repairs.
Mr. Parks asked Ms. McGinnis if the Board is providing the scope of work to the owners.
Mr. McGinnis replied the issue is that the owner is supposed to bring the scope to the
Board and notify the Board, based on the information that has been provided by city
staff, this is what I need to do and this is how long I believe it will take to make those
repairs. The problem that has occurred, based on his testimony earlier, the owner isn't
cleared on what he needs to do so it's the Board decision to make on how much more
time the Board is willing to give the owner to sit down and meet with the City since the
Board has already done that. Mr. Mijango replied that he was never given any actual
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documentation from anyone stating these are the list and the things that need to be
done and by when; so at this point we have done everything the Board has asked for
regarding the front of the house, and the foundation. That is what we concentrated on. If
we are going forward with this, I would like to see if we can get some kind of
documentation showing what we need to do step by step. Mr. Brown responded that if
Mr. Mijango looks behind him at the screen the scope of work has been identified and
that is what was presented in the May meeting and it is also his responsibility to present
to us, the Board, the scope and timeline to rectify the violations that have been placed
before you. Mr. Mijango asked if the Board gives him permission he knows a licensed
electrician that is able to start working Saturday or Sunday. Chairman Crowson replied
that is all about the City and the permits. Mr. Pendley responded that the electrician can
come by and pull a permit anytime to start the work.
Chairman Crowson wanted to clarify what Mr. Brown stated about the documentation.
Chairman Crowson informed Mr. Mijango that the scope documentation was sent to him
on at least two occasions on what needs to be done in English and Spanish. Mr.
Mijango responded that he hasn't received any other documentation other than the first
time that we got some and it doesn't change anything at all. It's the same thing.
Chairman Crowson replied that it is his understanding that the documents were sent by
certified mail and have been signed for. Chairman Crowson provided a picture of the
signed return certified mail receipt. Chairman Crowson asked Mr. Mijango if he agrees
that he did receive the documents. Mr. Mijango replied yes.
The Board continued their discussion on amending the current motion. Chairman
Crowson asked if Mr. Pendley could explain to Mr. Mijango that they need to use the
scope documentation as a guideline to provide the required detail scope of work and
timeline and give them an example. Mr. Pendley explained to Mr. Mijango about using
the scope documentation as a guideline to provide the required detailed scope of work
with a timeline and use the documentation to provide examples. Chairman Crowson
asked if Mr. Mijango understands scope of work. Mr. Mijango said yes.
MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING AMENDED ORDER FOR SBB2016-58
DETERMINING THAT PROPERTY LOCATED AT 4813 ASH STREET KNOWN AS BLOCK 9, LOT 3,
RICHAVEN SUBDIVISION 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 BY AUGUST 8, 2017 THE PROPERTY OWNER IS TO MEET
WITH THE APPROPRIATE CITY OFFICIALS TO DETERMINE AND CREATE A DETAILED SCOPE OF
WORK THAT IS NECESSARY TO BRING THE STRUCTURE INTO COMPLIANCE IN ACCORDANCE WITH
THE RULES AND REGULATIONS OUTLINED IN THE CITY OF NORTH RICHLAND HILLS CODE OF
ORDINANCES AND DETERMINE HOW LONG IT WILL TAKE TO GET THOSE REPAIRS CORRECTED; IF
THE PROPERTY OWNER DOES MEET WITH THE APPROPRIATE CITY OFFICIALS AND CREATES A
DETAILED SCOPE OF WORK THAT IS NECESSARY TO BRING THE STRUCTURE INTO COMPLIANCE
IN ACCORDANCE WITH THE RULES AND REGULATIONS OUTLINED IN THE CITY OF NORTH
RICHLAND HILLS CODE OF ORDINANCES AND DETERMINE HOW LONG IT WILL TAKE TO GET
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THOSE REPAIRS CORRECTED BY AUGUST 8, 2017, THE PROPERTY OWNER SHALL APPEAR
BEFORE THE SUBSTANDARD BUILDING BOARD AND PROVIDE PROGRESS UPDATES ON THE
WORK BEING DONE BASED ON THE TIMEFRAME APPROVED BY THE BOARD.; IF THE PROPERTY
OWNER FAILS TO MEET WITH THE APPROPRIATE CITY OFFICIALS AND/OR FAILS TO CREATE A
SCOPE OF WORK TO REPAIR THE STRUCTURE IN ACCORDANCE WITH THE CITY RULES AND
REGULATIONS WITHIN THIS TIMEFRAME, THE SUBSTANDARD BUILDING BOARD AUTHORIZES
THE CITY TO DEMOLISH THE STRUCTURE AS DIRECTED IN THE ORDER ISSUED ON MAY 9, 2017.
A LIEN WILL BE PLACED ON THE PROPERTY FOR ALL COSTS INCURRED IF THE CITY DEMOLISHES
THE STRUCTURE. MR. BILLY PARKS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
4. TRAINING — PUBLIC INFORMATION ACT
Training video watched by all present members.
There being no action required; Chairman Crowson moved to item 5.
5. ADJOURNMENT
Chairman Crowson adjourned the meeting at 8:05 p.m.
Brian rowson, Chairman
ATTEST:
Audrey Cap alto, ETeutive Secretary
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