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HomeMy WebLinkAboutSBB 2018-02-13 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 FEBRUARY 13, 2018 The Substandard Building Board of the City of North Richland Hills, Texas met on the 13th day of February, 2018 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 Robert McCary Place 7 Absent: Billy Parks Place 5 Staff Members: Stefanie Martinez Director of Neighborhood Services Audrey Cappallo Executive Secretary Donald Chip Mathews Lead Code Compliance Officer Dave Pendley Chief Building Official 1. CALL TO ORDER Chairman Crowson called the meeting to order at 6:01 p.m. Before proceeding forward, 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. Mrs. Vera was sworn in by Audrey Cappallo, Executive Secretary. 2. APPROVAL OF MINUTES OF THE NOVEMBER 14, 2017 SUBSTANDARD BUILDING BOARD MEETING. MR. ROBERT MCCARY MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 14, 2017 SUBSTANDARD BUILDING BOARD MEETING. MR. THOMAS MOREAU 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 AN ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS Substandard Building Board Meeting February 13, 2018 Page 1 of 7 REMAINS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AS WELL AS NON-COMPLIANCE WITH THE PREVIOUS ORDERS OF THE CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez introduced Donald Chip Mathews, Lead Code Compliance Officer, to the Board. Ms. Martinez advised the Board that back in November the Board postponed the hearing to allow the owners time to provide the City access to the property to confirm that everything had been completed per their testimony during the November 14, 2017 hearing. On November 17, 2017, Inspector Gary Taylor and I, inspected the property and determined there were still items that needed to be corrected which included the electrical service, HVAC system, and the water heater. Also, some of the interior walls in rooms needed to be repaired. During their inspection on November 17, 2017, the owners stated their intent was to have it all completed by before Christmas. Ms. Martinez stated fast forward to January 2018 and the repairs were still not completed. Ms. Martinez informed the Board that an inspection was done on the property that morning with Inspector Gary Taylor, per the request of the homeowner, to complete a final inspection. At the final inspection, it was determined that all of the items hadn't been completed. What was completed was the electrical service so that Oncor could come back and the service could be transfer back to the permanent service. There were still some items that were electrical that needed some work such as the outlets. It was also determined that the water heater and HVAC had been repaired. Those items were completed this morning. It was discovered that areas that had been repaired with wood had been removed causing fault weather protection. Those areas were on the soffit, along the trim of the garage and the side of the garage. Photos were provided. Ms. Martinez provided several photos showing what work had been completed and showing items that still needed to be corrected. Ms. Martinez provided a photo of the flooring entering the property. Ms. Martinez stated to the Board that she informed the owners that she would be willing to look past the flooring if other things had been completed. Ms. Martinez provided a photo of the interior showing that some work had been done in the living room and had been completed. She provided photos of the HVAC, shower stall, and the water heater. She also provided photos of the back exterior showing Substandard Building Board Meeting February 13, 2018 Page 2 of 7 exposed wood. She said the siding would need to be masonry or Hardie Plank to finish that area off. Other photos provided showed the outlets that needed work, clutter in the house and the air conditioner unit outside and notices posted at the property. Ms. Martinez informed the Board that the owners are present and would like to address the Board. Ms. Martinez stated she would like the opportunity to readdress the Board after to following up on a few things. Chairman Crowson stated to Ms. Martinez that he had a couple of questions. Chairman Crowson asked that during the previous meeting the City was going to ask for fines to be assessed from the last meeting date until now. Ms. Martinez replied that is correct. Chairman Crowson asked if the City would suggest that. Ms. Martinez responded that the City staff recommendation is for the civil penalties to be assessed from the date of the last Order July 11, 2017 through today. We can assess up to a $1,000 a day due to the property not being a homestead. This property is an investment/rental property. The City recommends $1,085 which is $5.00 a day. Chairman Crowson asked the Board if they had any additional questions for the city. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. The homeowner, Jose Mijango, stated to the Board its fine. Chairman Crowson asked Mr. Mijango if he didn't want to speak. Mr. Mijango replied he would like to say something. Mr. Mijango advised the Board that it has taken a long time because he is doing all the work as the workers charge too much to help out. The workers want $150 to $300 for 3 hours only. We are going to do everything possible to get it done as soon as possible. We are also grateful for the time the Board has given us. Thank you. Chairman Crowson asked Mr. Mijango if he provided the scope of work to the City. Mr. Mijango replied yes we gave them the timeline for the A/C, the plumbing, and the electricity. Mr. Deryl Brown wanted to clarify if Mr. Mijango had the intent to make the remaining repairs and if so, please provided a clear timeline when the remaining items would be repaired and completed. Mr. Mijango replied yes, as soon as possible. They will finish the inside and then the outside. When the officers came out this morning, I had already prepared the wood to paint but the officers said they didn't want it like that. They said siding would need to be installed instead of painting the wood. Chairman Crowson stated the Board couldn't accept the response as soon as possible. The Board needs an exact date. Substandard Building Board Meeting February 13, 2018 Page 3 of 7 Mr. Robert McCary asked Ms. Martinez if the siding and painting of the wood under the soffit was something new that has occurred since our last meeting. Ms. Martinez replied as for the wood under the soffit that is new. Ms. Martinez stated she has photos showing the soffit painted but now wood has been added that wasn't there before. As far as the wood on the back, I'm not sure as today was the first day we were allowed back there in that area. I'm assuming that wood in the back is new being that was a carport closed in to a garage. There are some masonry requirements which are why we told him this morning he couldn't just paint the wood in the back wouldn't be sufficient enough. Chairman Crowson asked Ms. Martinez so masonry and not Hardie Plank. Mr. Dave Pendley replied in North Richland Hills Hardie isn't consider masonry. If the general architecture of the back of the house is brick then that carport will need to be brick as well. Now, if the architecture has siding in the back, we can use materials that go along with the general architecture. Mr. McCary asked Mr. Mijango if he was aware that he would need to add siding to the back of the house. Mr. Mijango replied No, he wasn't. He was prepared to paint it and not siding. But since the City wants us to add siding we will add siding. We will need more time like 3 months to finish because of the weather. Mr. Pendley stated based on what he is seeing at the property, it doesn't seem like brink was in the back so siding will be appropriate but plywood as a finish material isn't made for that and is unacceptable. It is going to need a Hardie board type of siding on top of the plywood. Mr. Mijango asked if wood siding could be added. Mr. Pendley replied the City prohibits wood base siding and plywood itself isn't considered a finish material. Hardie Plank is considered suitable. Mr. Pendley explained that Hardie Plank is cement based siding and provided photo samples of what Hardie Plank looked like on his laptop. Mr. Brown commented that he is a little concerned that we have a rare occasion here where we have a person who is being cited for work that hasn't been completed that was ruled to be substandard as well as additional work being done on his own that has been cited as being done improperly. He would like to give Mr. Mijango some directions to ensure that he is completing the work that is being required for him to do that has made his property substandard. Mr. Mijango mentioned financial concerns and he is spending a lot of money and still not accomplishing in making the property not substandard. We need him to complete those items first and before taking on additional work and additional expenses, needs to communicate with the City to ensure the work is being done properly. Mr. Mijango replied ok. Chairman Crowson replied just like Mr. Brown stated you caused yourself more work and made your property more substandard by doing the additional work improperly and not having the City to come out to inspect to make sure everything was being done correctly. Chairman Crowson asked if the Board had any other questions or comments and asked Mr. Mijango if he had anything else he would like to say to the Board. He said he would like to be given as much time as they can. Substandard Building Board Meeting February 13, 2018 Page 4 of 7 Ms. Martinez redirected the Board to the timeline stating by Ordinances and by statute the maximum time allowed would be no more than 90 days and that is only with a written scope. Mr. Mijango has already provided that to the City per the request of the Board back in July. Mr. Mijango dictated those dates of completion himself which weren't met. They are still a long way off from being completed. It's not City staff recommendation to grant any additional time. At this time, we would like to see civil penalty issued for the totality of the timeframe that he has been beyond the Order of this Board. In December of 2015, that is when the original Notice and Order was issued to the owner identifying the different violations. Those violations were hot water heater, inadequate heating facilities, improper HVAC, inadequate foundation, defective flooring, hazardous wiring and faulty weather protection. In July 2017, in his scope he identified that the items to be addressed to be the electrical, the plumbing, the NC, debris, some exterior work, painting, foundation, water heater, and garage doors. Today, when were out there on site following up on this inspection for this hearing, the only items we were able to identify that had been completed were the electrical panel, the NC, and the water heater, which have all been in violation since 2015. Again, at this point it is staff's recommendation to issue civil penalty and not allow any additional time. They still will have to comply to bring this property up to code and based on their inability to meet the Boards deadline in the Orders and their deadline they established in the scope it is staff recommendation for civil penalty. Chairman Crowson asked Ms. Martinez if she would tell the Board again the items that are not completed. Ms. Martinez replied the wood exterior, the faulty weather protection, minimal electrical with the outlets, the holes and gaps in the interior walls. At this point, I would be willing to look pass the flooring to get the major issues addressed. Chairman Crowson closed the public hearing. The board discussed different options regarding civil penalty being assessed. Chairman Crowson explained to Mr. Mijango the fine being assessed to the property and explained must be paid before the property can be sold. Mr. Mijango said he agrees and will pay it. MR. DERYL BROWN MOVED TO ENTER THE FOLLOWING ORDER FOR SBB2016-58 DETERMINING THAT PROPERTY LOCATED AT 4813 ASH STREET KNOWN AS BLOCK 9, LOT 3, RICHAVEN SUBDIVISION AN ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, REMAINS SUBSTANDARD; AND ORDER THE OWNER BE ISSUED A CIVIL PENALTY IN ACCORDANCE WITH CHAPTER 98, SEC. 98-470 IN THE AMOUNT OF $1,085.00 WHICH IS $5.00 FOR EACH DAY THE PROPERTY HAS REMAINED IN VIOLATION OF THE ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS SINCE THE SUBSTANDARD BOARD ORDER ISSUED ON JULY 11, 2017. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. Substandard Building Board Meeting February 13, 2018 Page 5 of 7 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 REMAINS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION AS WELL AS NON-COMPLIANCE WITH THE PREVIOUS ORDER OF THE CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD. APPROVED Ms. Martinez informed the Board that this case would look familiar as this case was first brought to the Board back in November 2017. At that time, the Board issued an Order to the owner and lienholders to repair or demolish the structure within thirty (30) days. The owner at that time failed to do the work and the lienholders that were identified at that time also failed to do the work. While the City was preparing to demolish the structure, it was identified there were two additional lienholders that our initial title search investigation did not identify therefore we've come back to the Board asking that you uphold the Order the Board issued on November 14, 2017 declaring the property to be substandard and issuing an Order to the owner and lienholders to repair or demolish within thirty (30) days. We are asking that the Order be effective today for thirty (30) days allowing the newly identified lienholders to make the repairs or demolish the structure. 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. Mr. Brown asked Ms. Martinez the only difference from now and then is that two new lienholders have been identified and requesting additional time for the new lienholders, correct? Ms. Martinez replied that is correct. The two additional lienholders were notified of today's hearing with the Notice and Order so they should be aware. One of the lienholders is very aware as we have been in communication with them by email. Chairman Crowson asked what kind of liens are they, mortgage etc. Ms. Martinez replied one was a lien by the IRS and a business that is close to the property has a judgement on the property. 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 PROPERTY LOCATED AT 4812 NANCY LANE KNOWN AS BLOCK 3, LOT 16, RICHLAND TERRACE ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS TO UPHOLD THE DETERMINATION THAT THE STRUCTURE IS SUBSTANDARD; UPHOLD THE PREVIOUSLY ISSUED ORDER TO THE OWNER TO REPAIR OR DEMOLISH THE STRUCTURE WITHIN 30 DAYS OF THAT ORDER IN NOVEMBER Substandard Building Board Meeting February 13, 2018 Page 6 of 7 2017; GRANT THE RECENTLY IDENTIFIED LIENHOLDERS AN ADDITIONAL 30 DAYS TO REPAIR OR DEMOLISH THE STRUCTURE FROM TODAY'S DATE; IF THE PROPERTY OWNER AND LIENHOLDERS FAIL TO BRING THE PROPERTY INTO COMPLIANCE, THE CITY SHOULD 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. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 4. ADJOURNMENT Chairman Crowson adjourned the meeting at 6:41 p.m. Brian Crowson, Chairman ATTEST: 6-42% A drey Ca pa`Ilo ixecutive Secretary Substandard Building Board Meeting February 13, 2018 Page 7 of 7