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HomeMy WebLinkAboutSBB 2017-11-14 Minutes MINUTES OF THE ANNUAL MEETING OF THE SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE NOVEMBER 14, 2017 The Substandard Building Board of the City of North Richland Hills, Texas met on the 14th day of November, 2017 at 6:00 p.m. in the Council Workroom. Present: Brian Crowson Chairman, Place 6 Lynn Motheral Place 1 Deryl Brown Place 3 Thomas Osen Place 4 Billy Parks Place 5 Robert McCary Place 7 Absent: Thomas Moreau Place 2 Staff Members: Stefanie Martinez Director of Neighborhood Services Maleshia McGinnis City Attorney Audrey Cappallo Executive Secretary Sherry Butler Code Compliance Officer Dave Pendley Chief Building Official 1. CALL TO ORDER Chairman Crowson called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF THE OCTOBER 10, 2017 SUBSTANDARD BUILDING BOARD MEETING. MR. BILLY PARKS MOVED TO APPROVE THE MINUTES OF THE OCTOBER 10, 2017 SUBSTANDARD BUILDING BOARD MEETING. MR. LYNN MOTHERAL SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 3. SBB 2016-58 PUBLIC HEARING AND CONSIDERATION OF 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 REMAINS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AS WELL AS NON- COMPLIANT WITH THE PREVIOUS ORDERS OF THE CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD OR WITHIN THE SCOPE SUBMITTED BY THE OWNER. Substandard Building Board Meeting November 14, 2017 Page 1 of 6 POSTPONE Before proceeding forward with the case, Chairman Crowson asked that Certified Spanish Interpreter #1643, Mrs. Irene Vera, step forward to be sworn in as the Spanish translator for the property owner, Mr. Mijango. Mr. Vera was sworn in by Audrey Cappello, Executive Secretary. Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez stated this was a following up meeting for 4813 Ash St from the July Substandard Building Meeting. Ms. Martinez presented two aerial photos of the property located at 4813 Ash Street. Ms. Martinez presented the history of the property since the last meeting on July 11, 2017 in which the owner was ordered to make repairs to the structure in accordance to the scope of work that was to be provided to the city staff by August 8, 2017. The scope of work was provided to city staff on July 27, 2017 by the owner. According to the scope of work timeline they were to complete the work to the electrical system, the plumbing, air conditioner unit, debris to be removed, the exterior structure to be completed, weatherization of the structure, foundation, water heater and garage doors; as to date all had been completed except the electrical and the air conditioner unit. Ms. Martinez informed the Board that per the Scope of work provided by the homeowner, the electrical work was to be completed by September 25, 2017 and the air conditioning by August 4, 2017. Also, included in the Order from July 2017 was the direction to the owner to provide monthly updates to the Board. Ms. Martinez informed the Board that she also verified with Dave Pendley, Chief Building Official, that the final inspections for the electrical and air conditioning hadn't been completed. Chairman Crowson asked Ms. Martinez if she would repeat the items that haven't been completed. Ms. Martinez replied electrical and air conditioning. Chairman Crowson asked Ms. Martinez for the dates the items were supposed to be completed by. Ms. Martinez replied the electrical work by September 25, 2017 and the air conditioning work by August 4, 2017. Chairman Crowson asked if the board had any questions for the city. Mr. Deryl Brown asked Ms. Martinez if she knew what the current status was on the electrical and air conditioning. Ms. Martinez replied no she didn't know the current status of the electrical and air conditioning. Mr. Brown asked if anyone had been to the property to inspect the property. Ms. Martinez replied that the last inspection conducted by the Development Department was in August. Substandard Building Board Meeting November 14, 2017 Page 2 of 6 Ms. Martinez clarified to the Board that the timeline on the Scope of work was designed and provided by the property owner. Chairman Crowson asked if the timeline on the scope of work was approved by city staff. Ms. Martinez responded yes we received it and the dates seem to conformed to what we thought it would take to get the work done and it was accepted. 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 that all the electrical work, air conditioning work, and plumbing work has been finished. Jerry, the inspector, came by and asked when they would be closing and stated it would be as soon as possible. Mr. Mijango stated all the walls have been closed up. Sheet rock has been put up on the walls and everything has been insulated. Chairman Crowson informed Mr. Mijango that he would be asking him some questions and if he would answer the questions as they are giving to him. Mr. Mijango replied yes he would. Chairman Crowson asked Mr. Mijango you stated that the work on the electrical and the A/C unit has been completed, correct. Mr. Mijango replied yes. Chairman Crowson asked Mr. Mijango what date they were completed on. Mr. Mijango replied about a month and half ago. Chairman Crowson asked Mr. Mijango if the work has been inspected by the city. Mr. Mijango replied yes, the inspector came out. Chairman Crowson asked if it was approved and if he received a green or red tag. Mr. Mijango responded yes it was approved and he got a green tag on the electrical, the air conditioner and the plumbing. Chairman Crowson asked the city if they could clear this matter up as Mr. Mijango information is contradicting what was stated earlier by the city. Ms. Martinez replied as far as the inspections go, she isn't aware of those. The property owner referred to an Inspector Jerry and there are no Jerry's that work for the inspection department. Mr. Pendley responded that we do have an inspector named Gary and he did the inspection on the water heater on August 17, 2017. Chairman Crowson asked Mr. Pendley if that inspection was approved. Mr. Pendley replied yes, the inspection on the water heater was approved. Mr. Mijango advised the Board that he has a video on his phone showing all the work completed. Chairman Crowson responded that the Board doesn't need to see the video. It's not that the Board doesn't believe him that the work has been done but the work has to be inspected by city inspectors. Mr. Pendley stated that based on city records the water heater was inspected and approved only. No inspection has been done on the electrical or HVAC. Mr. Mijango responded that if the inspector didn't put the information in the computer that is on him but he did come out to inspect the electrical and the HVAC. My wife called for the air conditioning, plumbing and electrical to be Substandard Building Board Meeting November 14, 2017 Page 3 of 6 inspected. The inspector asked when the walls would be closed. The sheet rock has been put up. Everything has been closed up. Mr. Robert McCary asked Mr. Pendley when someone calls for an inspection is it one inspector who does electrical, plumbing and so on or do you have several inspectors. Mr. Pendley replied it depends on the days. The inspectors are all cross-trained but in this case they have had a total of 4 inspections and they have all been done by one inspector. Chairman Crowson asked Mr. Mijango what date the alleged inspection was done on. Mr. Mijango replied not sure on the exact date but about a month and half ago. Ms. Martinez asked the Board for continuance until the next hearing so that Code Enforcement and Development Services can go out to the property and confirm these repairs have been completed and done correctly. Chairman Crowson asked Ms. Martinez if she had any recommendations if the repairs are not completed as stated by the homeowner. Ms. Martinez replied that staff recommendation is if repairs are not completed as the homeowner has stated in lieu of demolition we ask for civil penalties; as it appears majority of the property is now repaired. The civil penalties are applied from the date of the notice to the date of the hearing at this property. Chairman Crowson explained to Mr. Mijango that he must call Ms. Martinez first thing tomorrow to request and schedule a final inspection on the electrical and HVAC. Upon their approval on the final inspections, this case will be done. MR. LYNN MOTHERAL MOTIONED TO POSTPONE THE HEARING UNTIL THE NEXT SUBSTANDARD BUILDING BOARD MEETING. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 4. SBB2017-63, PUBLIC HEARING AND CONSIDERATION OF WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 4812 NANCY LANE KNOWN AS BLOCK 3, LOT 16, RICHLAND TERRACE ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION. APPROVED Ms. Martinez presented two aerial photos of the property located at 4812 Nancy Lane. Ms. Martinez stated that the property is zoned R-2 which is Residential Single Family. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 4812 Nancy Lane. Substandard Building Board Meeting November 14, 2017 Page 4 of 6 • Minimum Standard notice mailed on March 26, 2016, April 13, 2016 and August 16, 2017; • Title Search completed on September 13, 2017; • A notice and order o mailed by certified mail on September 22, 2017; o photo presented of Notice and Order posted on the property structure on September 25, 2017; • Notice of Hearing o mailed by regular and certified mail on October 26, 2017; o posted on property structure on October 26, 2017; o filed with Tarrant County Deed Records on October 26, 2017 o photo presented of Notice of Hearing; • Legal Notice of Public Hearing published in the Fort Worth Star Telegram on October 27, 2017. Ms. Martinez presented several photos of the property. Photos included: o Debris on the front porch, which has been there since the beginning of this case in 2016; o Weathered and rotten wood on the garage doors which showed ineffective and lack of waterproofing; o Damage wood and chipping paint all around the house which showed ineffective waterproofing and lack of weather protection on exteriors walls; o Gas Meter removed; o Damage to the attic vents; o Water damage to the wood along the side of the roof and the trim; o Infestation of bees and wasps, several hives along the house; o French doors on the back of the property has been completed broken out with glass on the ground; o Faulty weather protection and rotten wood on the trim on the back side of the house; o Back patio cover has a lot of damage wood, metal is rotting, holes and evidence of rodents; o Shed with rotting wood, holes, addition debris and evidence of rodents getting into the building; Ms. Martinez informed the Board that the property has been previous secured but the wood boards continue to be removed. It appears the property continues to be accessed. Also, the city notified the owner to remove the debris and they did not. The debris was removed by the city to date after providing property notice. Ms. Martinez advised the Board that it is the opinion of staff that this structure is in violation of each portion of the NRH Code of Ordinances referenced in this presentation and is substandard. Staff recommends that the Substandard Building Board find this structure to be substandard and order that: • The building be repaired or demolished within 30 days of the board order. Substandard Building Board Meeting November 14, 2017 Page 5 of 6 • If the property owner fails to bring the property into compliance, the lienholder be granted 30 days to repair or demolish the structure. • If the property owner and lienholder fail to bring the property into compliance, the city should be authorized to demolish the structure. Chairman Crowson asked Ms. Martinez if there is a lien on the property. Ms. Martinez replied there isn't a clear lien or mortgage company. There are other things clouding the title such as a transfer of property. It's not clear but the previous owner was notified along with the City of Fort Worth as they have judgment against the property owner. The City of North Richland Hills does have some mowing liens and a clean-up lien filed on this property. Chairman Crowson asked Ms. Martinez has she spoken to the homeowner. Ms. Martinez replied no she hasn't spoken to the homeowner of this case. She did locate a phone number for the homeowner but it was no longer in service. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. No one was present. Chairman Crowson closed the public hearing. Chairman Crowson asked the Board if they had any questions or if they needed to discuss. The Board responded no. MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING ORDER FOR SBB2017-63 DETERMINING THAT PROPERTY LOCATED AT 4812 NANCY LANE KNOWN AS BLOCK 3, LOT 16, RICHLAND TERRACE 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 THAT THE BUILDING BE REPAIRED OR DEMOLISHED WITHIN THIRTY (30) DAYS OF THE BOARD ORDER; IF THE PROPERTY OWNER FAILS TO BRING THE PROPERTY INTO COMPLIANCE, THE LIENHOLDER SHALL BE GRANTED THIRTY (30) DAYS TO REPAIR OR DEMOLISH THE STRUCTURE; AND IF THE PROPERTY OWNER AND/OR LIENHOLDER FAILS TO BRING THE PROPERTY INTO COMPLIANCE, THE CITY SHALL BE AUTHORIZED TO DEMOLISH THE STRUCTURE . MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 4. ADJOURNMENT Chairman Crowson adjourned the meeting at 6:30 p.m. Brian rowson, Chairman AT ST: / AA /.. tea• _IL Audrey Capp.llo, Exe' u ive Secretary Substandard Building Board Meeting November 14, 2017 Page 6 of 6